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A  DICTIONAEY 
'REEK  AND  KOMM  ANTIQUITIES. 

WILLIAM    SMITH,   LL.D. 


WILLIAM   WAYTB,    M.A. 

rOBUIBLT   FELLOW  OP  KINO'S  COLLTOE,  UAHBBIIMIB ; 

G.    E.    MAEINDIN,    M.A. 

roBimu.T  FCLLow  or  xms's  oollioe,  o 


THIRD  EDlTIOn,  REVISED  AND  EHURGED. 
IN  TWO  TOLDMES.— VOL.  H. 


LONDON: 
JOHN    MDBKAY,    ALBEMABLB     8TBEET. 


/*      LIBRARY 

OF   THE 

LEUNO  STANFORD  JUNIOR 

UNIVERSITY. 


LONDON : 
PRINTED  BY  WILLIAM  CLOWES  AND  SONS,  LIMITED, 
STAMFORD  STSSBT  AND  CHARING  CROSS. 


\ 


LIST  OF  WAITERS  IN  THE  NEW  EDITION. 


INITIALS.  NAMBB. 

W.  C.  F.  A.    W.  C.  F.  Anderson,  M.A. 

Professor  of  Classics  in  Firth  College,  Sheffield. 

J.  I.  B.  J.  I.  Beare,  M.A. 

Fellow  of  Trinity  College,  Dublin. 

A.  H.  C.  A.  H.  rJooKE,  M.A. 

Fellow  and  Tutor  of  King's  College,  Cambridge. 

J.  L.  S.  D.      J.  L.  Stiiachan  Davidson,  M.A. 

Fellow  and  Tutor  of  Balliol  College,  Oxford. 

J.  II.  F.  J.  H.  Flather,  M.A. 

Master  of  Cavendish  College,  Cambridge. 

W.  W.  F.        W.  Warde  Fowler,  M.A. 

Sub-Kector  of  Lincoln  College,  Oxford. 

£.  A.  G.         Ernest  A.  Gardner,  M.A. 

Fellow  of  CaiuB  College,  Cambridge ;   Director  of 
the  British  Archaeological  School,  Athens. 

P.  G.  Percy  Gardner,  M.A.,  Litt.D. 

Professor    of   Archaeology    in    the    University  of 
Oxford. 

A  G.  Alfred  Goodwin,  M.A. 

Professor  of  Classics  in  University  College,  London  ; 
formerly  Fellow  of  Balliol  College,  Oxford. 

J.  G.  J.4MES  Gow,  Litt.D. 

Headmaster  of  High  School,  Nottingham  ;  formerly. 
Fellow  of  Trinity  College,  Cambridge. 

A.  11.  G.         A.  H.  Greenidoe,  B.A. 

Fellow  of  Hertford  Collie,  Oxford. 

H.  H.  •  Hermann  Hager,  Ph.D. 

Professor  in  Owens  College,  Manchester. 

E.  G.  H.         B.  G.  Hardy,  M.A. 

Formerly  Fellow  of  Jesus  College,  Oxford. 

C.  B.  H.  C.  B.  Heberden,  M.A. 

Principal  of  Brasenose  College,  Oxford. 

H.  B.  J.         Montague  Erodes  James,  B.A. 

Fellow  of  King's  College,  Cambridge. 

R.  C.  J.  R.  C.  Jebb,  Litt.D.,  LL.D. 

Professor  of  Greek  in  the  University  of  Cambridge. 


J 


IV  LIST   OF    WRITERS   IN   THE  NEW   EDITION. 

ISriTIAU.  NAMES. 

W.  M.  L.        Wallace  M.  Lindsay,  M.A. 

Fellow  of  JesuB  College,  Oxford. 

G.  E.  M.         G.  E.  Marindin,  M.A. 

Examiner  in  Greek  in  the  Univeraity  of  London ; 
formerly  Fellow  of  King's  College,  Cambridge. 

J.  M.  John  Marshall,  B.A. 

Late  Scholar  of  Trinity  College,  Cambridge. 

J.  H.  M.  J.  H.  MlDDLETON,  M.A. 

Slade  Professor  in  the  University  of  Cambridge,  and 
Fellow  of  King's  College. 

D.  B.  M.         David  B.  Monro,  M.A. 

Provost  of  Oriel  College,  Oxford. 

J.  B.  M.         J.  B.  MoYLE,  D.C.L. 

Fellow  and  Tutor  of  New  College,  Oxford. 

J.  R.  M.  J.  B.  MozLEY,  M.A. 

Formerly  Fellow  of  King's  College,  Cambridge. 

A.  S.  M.         A.  S.  Murray,  LL.D.,  F.S.A. 

Keeper  of  Greek  and  Boman  Antiquities  in  the 
British  Museum. 

E.  M.  Ernest  Myebs,  M.A. 

Formerly  Fellow  of  Wadham  College,  Oxford. 

H.  N.  H.  Nettleship,  M.A. 

Professor  of  Latin  in  the  University  of  Oxford. 

C.  T.  N.         Sir  C.  T.  Newton,  K.C.B. 

> 

J.  H.  0.  John  Henry  Onions,  M.A. 

Late  Student  of  Christ  Church,  Oxford. 

H.  F.  P.         Henry  F.  Pelham,  M.A. 

Camden  Professor  of  Ancient  History  in  the 
University  of  Oxford,  and  Fellow  of  Exeter 
College. 

H.  A.  P.         H.  A.  Perry,  M.A. 

Fellow  of  King's  College,  Cambridge. 

L.  C.  P.  L.  C.  Purser,  M.A. 

Fellow  of  Trinity  College,  Dublin. 

F.  T.  R.  F.  T.  Richards,  M.A. 

Fellow  of  Trinity  Collie,  Oxford. 

W.  R-y.         WiLUAM  Ridgeway,  M.A. 

Fellow  of  Caius  College,  Cambridge ;  Professor  of 
Greek  in  Queen's  College,  Cork. 

H.  J.  R.  H.  J.  Roby,  M.A. 

Honorary  Fellow  of  St.  John's  College,  Cambridge. 

G.  M*.  N.  R.  G.  M*.  Neile  Roshforth,  M.A. 

Formerly  Scholar  of  St.  John's  College,  Oxford. 

A.  H.  S.         A.  H.  Smith,  M.A. 

Assistant  in  the  Department  of  Greek  and  Roman 
Antiquities  in  the  British  Museum. 


LIST    OF  WRITERS  IN  THE  NEW   EDITION.  v 

IX1TIAI&  IIAMES. 

C.  S.  Cecil  Smith. 

AsBistant  in  the  Department  of  Greek  and  Homan 
Antiquilies  in  the  British  Museum. 

H.  B.  8.  IIekrt  Babington  Smith,  M.A. 

Of  the  Education  Office ;  Fellow  of  Trinity  College, 
Cambridge. 

ft 

W.  S.  William  Smith,  D.C.L.,  LL.D.,  Ph.D. 

Formerly  ClasBioal  Examiner  in  the  University  of 
London. 

H.  A.  T.         H.  Arnold  Tubbs,  B.A. 

Formerly  Scholar  of  Pembroke  College,  Oxford. 

E.  W.  E.  Warrb,  D.D. 

Headmaster  of  Eton  College. 

W.  W.  William  Watte,  M.A. 

Examiner  in  Greek  in  the  University  of  London ; 
formerly  Fellow  of  King's  College,  Cambridge, 
and  Professor  of  Greek  in  University  College, 
London. 

B.  A.  W.        E.  A.  WHrrrucK,  M.A. 

Fellow  and  Tutor  of  Oriel  College,  Oxford. 

A.  &  W.         A.  S.  WiLKiNS,  LittD.,  LL.D. 

Professor  of  Latin  in  Owens  College,  Manchester. 

W-k  W-k    Warwick  Wroth. 

Assistant  in  the  Department  of  Coins  in  the  British 
Museum. 


LIST  OF  WRTTERS  TN  THE  OLD  EDITION. 


INITZAL5.  NAMES. 

A.  A.  Alexander  Allen,  Ph.D. 

W.  F.  D.         William  Fishburn  Donkin,  M.A. 

Follow  of  University  College,  Oxford. 

W.  A.  G.        William  Alexander  Grkbnhill,  M.D. 

Trinity  College,  Oxford. 

B.  J.  Benjamin  Jowbtt,  M.A., 

Master  of  Balliol  College,  Oxford. 

C.  B.  E.         Charles  Bann  Kennedy,  M.A. 

Late  Fellow  of  Trinity  College,  Cambridge. 

T.  H.  K.         Thomas  HEwrrr  Key,  M.A. 

•    Flrofessor  of  Comparative  Grammar  in  University 
College,  London. 

H.  G.  L.         Henry  George  Liddell,  D.D. 

Dean  of  Christ  Church,  Oxford. 

G.  L.  George  Long,  M.A. 

Late  Fellow  of  Trinity  College,  Cambridge. 

J.  S.  M.  John  Smith  Mansfield,  M.A. 

Fellow  of  Trinity  College,  Cambridge. 

C.  P.  M.         Charles  Peter  Mason,  B.A. 

Fellow  of  University  College,  London. 

W.  K.  William  Bamsay,  M.A. 

Professor  of  Humanity  in  the  University  of  Glasgow. 

A.  B.  Anthony  Bich,  Jun.,  B.A. 

Late  of  (.^aius  College,  Cambridge. 

L.  S.  Leonhard  Schwitz,  Ph.D.,  F.B.S.E. 

Boctor  of  the  High  iSohool  of  Edinburgh. 

P.  S.  Philip  Smith,  B.A. 

Of  the  University  of  London. 

W.  S.  William  Smith,  LL.D.,  Ph.D. 

B.  W.  BoBERT  Whiston,  M.A. 

Fellow  of  Trinity  College,  Cambridge. 

B.  N.  W.        Balph  Nicholson  Wohnum. 
J.  Y.  James  Yates,  M.A.,  F.K.S. 


DICTIONARY 


OF 


OBEEK  AND  EOMAN  ANTIQUITIES. 


L. 

LA'BABUM.  [SioxA  Milxtabia.] 
LABBUM.  [Balkeae,  p.  277  a.] 
LABYiOKTHUS  {Kafi6pi99os).  This  is  by 
&oin«  set  down  as  the  corrnption  of  an  E^^yptian 
woTd  Bcaaiag  **  the  building  at  the  entrance  of 
a  Rf^roir "  (Brugsch,  Sffypt  wder  the  Fha* 
rQoh»\  \rf  others  derired  from  a  king  Lamaris 
or  L&uis  (whose  name,  howerer,  shoald  per- 
bsps  beHaris  or  Moeriis),  but  it  is  more  probably 
an  older  form  of  the  word  Xo^pa,  **  a  passage." 
This  older  form  became  stereotyped  as  the  pro- 
per name  for  a  building  with  a  maze  of  such 
passages,  while  the  later  form,  Xovpoi,  is  par- 
tiealarly  apj^ied  to  the  passages  of  a  mine. 
Accordingly  the  labyrinth  was  a  large  and  com- 
plicated snbtemnean  building,  with  numerous 
duunbers  and  intricate  passages,  like  those  of  a 
nunc.  Hence  the  carem  near  Nauplia  was 
called  a  labyrinth  (Strabo,  viii.  p.  369).  And 
all  the  stmcturcs  to  which  the  ancients  apply 
the  name  labyrinth  are  described  as  entirely  or 
partially  under  ground. 

Pliny  {H,  N.  zxzri.  §  84)  notes  four.  1.  As 
the  earliest,  largest,  and  most  fiimous,  that  of 
Egypt,  described  by  Herodotus  (iL  148),  near 
lake  Ifoeria,  and  100  stadia,  as  Strabo  states, 
fraa  ArsiooS  (Strabo,  iriL  p.  811).  The  remains 
We  been  found  11|  miles  from  the  pyramid  of 
Hawara,  in  the  province  of  Faioum.  Herodotus 
asoibes  its  construction  to  the  dodecarchs  (about 
^h^  B.C.);  and  Mela  (i.  9)  to  Ftammetichus 
alone.  Other  and  more  correct  accounts  refer 
iu  first  oonatmction  to  a  much  earlier  period 
(Flin.  /.  c;  Diod.  Sic  i.  61,  89>  It  is  very 
lively,  howerer,  that  additions  were  made  at 
rahoQs  timet.  The  names  of  more  than  one 
king  hare  been  found  there,  the  oldest  that  of 
Anonmhe  IIL,  who  is  placed  in  the  12th 
t>rnasty,  about  1960  B.a  This  labyrinth  is 
described  as  baring  3,000  chambers,  1500  under 
groand  and  the  same  number  above,  and  the 
vbole  was  surrounded  by  a  wall.  It  was 
divided  into  courts,  each  of  which  was  sur- 
rounded by  colonnades  of  white  marble.  At  the 
time  of  IModorus  and  of  Pliny  it  was  still 
ettaat;  the  ronains  now  serrt  only  to  show 

TOUU. 


the  exact  position  and  size  corresponding  with 
the  stadium  of  length  given  by  Strabo.  Hero- 
dotus, who  saw  the  upper  part  of  the  labyrinth 
and  went  through  it,  was  not  permitted  to  enter 
the  subterranean  part,  and  he  was  told  that  the 
kings,  by  whom  the  labyrinth  had  been  built, 
and  the  sacred  crocodiles,  were  buried  there. 
Pliny's  theory  that  it  was  divided  into  a  number 
of  halls  or  buildings  corresponding  to  the  num- 
ber of  nomes,  and  the  consequent  theory  that  it 
was  a  place  of  assembly  for  the  nomes,  do  not 
agree  with  the  account  of  Herodotus ;  and  the 
number  of  nomes  too  varied  greatly  at  dilTerent 
times:  nor  is  there  any  better  foundation  for 
the  idea,  alluded  to  also  by  Pliny,  that  the  plan 
had  something  to  do  with  the  solar  system.  It 
is  unnecessary  to  imagine  more  than  that  it  was 
monumental,  and  a  monument  of  more  than  one 
king  of  Egypt. 

2.  Pliny  gives  as  second  the  Cretan  labyrinth 
(cf.  Diod.  Sic.  /.  c),  which  was  said  to  have 
been  built  by  Daedalus  near  Cnosus,  after  the 
model  of  the  Egyptian,  but  very  much  smaller. 
(For  further  legendary  accounts,  see  Verg.  Aen, 
vi.  27,  v.  588;  Ov.  Met,  viii.  159;  ApoUod. 
iii.  15;  and  Diet,  Biog,  under  **  Daedalus.") 
Most  modern  writers  trea.'  the  Cretan  labyrinth 
as  a  purely  mythical  or  poetical  creation,  fol- 
lowing Hdck,  who  lays  stress  on  the  fact,  that 
no  ancient  writer  describes  it  as  an  eye-witness, 
and  that  neither  the  Homeric  poems  nor  Hero- 
dotus mention  it.  That  it  was  designedly  built 
after  any  Egyptian  pattern  is  improbable,  but 
sufficient  groundwork  for  the  legends  can  be 
found  in  the  rock-eicavations  existing  in  Crete. 
Admiral  Spratt  {Traoels  and  Researches  in  Crete, 
ii.  42)  points  out  that  the  subterranean  passages 
in  limestone  rock  near  Oortyn  correspond  to 
the  ancient  description  of  the  labyrinth — ^tor- 
tuous  alleys  which  occupied  two  hours  to  pass 
through.  They  were  plainly,  as  might  be  seen 
by  the  marks  of  tools,  ancient  quarries,  and  had 
been  used  by  the  Christians  in  recent  times  as 
places  of  refuge.  We  can  understand  from  this 
why  Clandian  (Sext,  Cons.  Hon,  634)  speaks  of 
Gortyn  as  the  site  of  the  labyrinth.  Admiral 
Spratt  found  also  the  entrances  of  subterranean 
passages,  apparently  sepulchral,  in  the  rocks 

B 


r- 


2 


LABYBINTHUS 


near  Cnosns.  These  were  too  much  blocked  up 
to  explore,  bat  there  seems  no  reason  whj  in 
ancient  times  thej  should  not  have  been  as 
extensive  as  the  caverns  at  Gortyn,  and  so  have 
given  rise  to  the  mytlis  connected  with  Cnosns. 

3.  A  third  labyrinth,  the  construction  of 
which  belongs  to  a  more  historical  age,  was  that 
in  the  island  of  Lemnos.  It  was  begun  by 
Smilis,  an  Aeginetan  architect,  and  completed 
by  Rhoecns  and  Theodorus  of  Samoa  about  the 
time  of  the  first  Olympiad.  It  was  in  construc- 
tion similar  to  the  Egyptian,  but  had  as  a 
special  feature  one  hundred  and  fifty  columns. 
Remains  of  it  were  still  extant  in  the  time  of 
Pliny.  Some  have  conjectured  that  it  was  in* 
tended  as  a  temple  of  the  Cabeiri. 

It  may  be  mentioned  here  that  the  labyrinth 
said  on  the  authority  of  Pliny  {H,  N.  xxxiv.  §  83) 
to  have  been  built  by  the  same  Theodorus  at 
Samos,  has  probably  been  created  by  a  misplaced 
comma.  The  passage  should  be  read :  "  Theo- 
dorus, qui  labyrinthum  fecit,  Sami  ipse  se  ex 
aere  fndtt." 

4.  Pliny  (JST.  N,   xxxvi.  §   91)  classes  as  a 
labyrinth   the  tomb  of   Porsena  at  Clusium, 
a  description  of  which   he  quotes  from  Varro 
—a  monument  in  masonry,  300    feet    square 
and  50  feet  high,  beneath  which  is  a  labyrinth, 
'■quo    si    quis    introierit    sine    glomere    lini 
exitum  invenire  nequeat."     It  had  above  it 
five  pyramids  of  astonishing  height.     Niebuhr 
altogether    discredits    it;    but    though,    with 
Pliny,    we    may    think   the  dimensions  exag- 
gerated, it  may  be  permitted  to  ask  whether 
there  is  not  too  great  a  tendency  to  treat  as 
pure  fictions  the  statements  of  ancient  writers. 
Dennis  in  his  latest  edition  {Cities  of  Eirwia,  ii. 
p.  349)  gives  an  interesting  description  of  recent 
explorations  in  a  tumulus  at  Poggio  Gajella, 
three  miles  north  of  Chiusi    These  are  exten- 
sive sepulchral  remains ;  in  fact,  it  is  described 
as  like  a  city  of  tombs,  with  a  network  of  small 
streets  and  alleys  bearing  the  Egyptian  charac- 
ter, which  is  so  suggestive  in  Etruscan  remains ; 
and  further  a  labvrinth  of  low,  narrow  passaees 
in  the  heart  of  the  mound.    There  seems  really 
no  valid  reason  for  asserting  the  impossibility  of 
some  such  great  sepulchral  building  as  Yarro 
describes  having  once  existed  as  a  superstruc- 
ture.   It  is  possible  that  Yarro  himself  found 
only  a  part  standing,  and  that  the  huge  size  of 
the  pyramids  at  the  comers  may  be  a  somewhat 
exaggerated  account  given  him  as  a  tradition  by 
the  people  of  the  district.     This  is  surely  a 
safer  view  than,  with  Niebuhr,  to  accuse  so 
sober  a  writer  as  Yarro  of  giving  us  "  tales  from 
the  Arabian  Nights." 


Labyrinthui.    (Jfufeo  Borbanieo.) 

The   garden    labyrinth,  or  maze,  is  purely 
modem ;  but  Pliny  (/.  c.)  speaks  of  the  word  as 


LACmiA 

applied  to  an  intricate  pattern  drawn  on  the 
pavement  or  scratched  on  the  ground  in  a  boyish 
game ;  and  to  this  may  be  referred  the  rude  | 
drawing,  given  in  the  Museo  Borbonico^  which  | 
was  scratched  on  a  pilaster  at  Pompeii,  and 
is  somewhat  similar  to  the  modem  idea  of  a 
labyrinth.  [L  S.J    [G.  E.  M.] 

LACERNA  (answering  in  most  respecta  to 
the  Greek  x^ofi^s)  was  a  woollen  cloak  worn  by 
the  Romans  over  the  toga  (Mart.  viii.  28),  which 
explains  Juvenal's  expression  **  mummentum 
togae"  (Juv.  ix.  28).  It  had  a  hood  (cucullus), 
and  sometimes  the  plural  lacemae  is  oaed  to 
express  both  together  (e.g.  Mart.  xiv.  132, 
'*  totae  lacemae  ") ;  but  in  Horace,  Sat.  iL  7,  55, 
hcema  includes  the  hood.  It  was  worn  open 
and  loose,  fastened  to  the  shoulder  by  a  fibala, 
so  that  in  Mart,  iu  29  the  white  toga  is  seen 
below  the  purple  laceraa ;  and  thus  it  differed 
from  the  paenula,  which  fitted  close  and  was 
fastened  all  the  way  up,  and  from  the  birrus, 
because  that  form  of  wrap  was  stiff  (rigau 
opposed  to  the  fluens  laceraa,  Snip.  Se^er.  L 
21,  4),  whereas  the  lacema  was  light  and  of 
fashionable  make.  The  Schol.  on  Pers.  L  51, 
however,  uses  them  as  convertible  terms.  It 
seems  to  have  been  introduced  at  Rome  hy  men 
of  fashion  as  a  protection  against  rain — ^PUny 
{If.  N,  xviii.  §  225)  says  that  the  price  of 
lacemae  goes  up  in  threatening  weather — and  to 
wear  in  theatres,  &g.  (Mart.  ii.  29) :  thas  we 
are  told  that  the  equates  used  to  stand  up  at  the 
entrance  of  Claudius  and  lay  aside  their  lacemae, 
as  a  mark  of  respect  (Suet.  Ciaud.  6).  Its 
colour  depended  on  taste  and  circumstances, 
sometimes  **  fusci  coloris  **  (Mart.  i.  97,  9),  and 
made  of  the  dark  wool  of  the  Baetic  sheep 
(Mart.  xiv.  133),  sometimes  of  bright  coloar& 
(Juv.  i.  27 ;  Mart.  i.  97)  and  very  expensive 
(Mart.  viii.  10).  By  an  order  of  Domitian, 
about  88  A.D.,  white  lacemae  only  were  allowed 
in  the  theatre  (Mart.  v.  8 ;  xiv.  137).  It  would 
appear  from  Mart.  ii.  29  that  there  was  no  sach 
rule  before^  The  material  as  well  as  the  colour 
varied,  and  for  the  poorer  wearers  it  was  nn- 
fashionably  coarse  (Juv.  ix.  27).  Cicero  {PhiL 
ii.  30,  76)  speaks  of  it  as  an  unusual  form  of 
dress,  but  as  a  military  cloak  it  may  have  been 
worn  earlier.  Cassins  wears  it  at  Philippi 
(Yell.  ii.  70,  2 ;  cf.  Prop.  iv.  12,  7  ;  Ov.  Fast.  ii.  | 
746),  and  to  some  extent  it  displaced  the  sagnm.  | 
Under  the  Empire  it  became  common  at  Rome,  : 
as  we  learn  from  Suetonius,  who  says  {Aug,  40)  i 
that  Augustus  seeing  one  day  a  great  number  of 
citizens  before  the  tribunal  dressed  in  the  lacema 
repeated  indignantly  the  line  of  Yirgil,  "Ro- 
manes rerum  dominos  gentemque  togatam,'*  and 
gave  orders  that  the  aediles  should  allow  no  one 
to  wear  that  dress  in  the  forum,  being  anxious 
"  pristinum  vestitum  reducere."  (See  also 
Marquardt,  Privatlcben,  569  ;  Becker-GdU,  Gal- 
/MS.  iii.  220.)  [W.  S.]    [G.  E.  M.] 

LAGI'NIA,  the  angular  extremity  of  the 
toga,  one  end  of  which  was  brought  round  over 
the  left  shoulder.  It  wu  generally  tucked  into 
the  girdle,  but  sometimes  was  allowed  to  hang 
down  loose.  Plautus  {Merc,  i.  2,  16)  indicates 
that  it  oocasionally  served  as  a  pocket-handker- 
chief: **At  tu  edepol  sume  laciniam  atqne 
absterge  sudorem."  Velleius  Paterculus  (ii.  3) 
represents  Scipio  Nasica  as  wrapping  the  lacinia 
of  his  toga  round  his  left  arm  for  a  shield  (oom- 


hAComcmi 

ptR  VaL  Max.  iii.  2, 17)  before  he  rushed  npon 
Tib.  Gncchns ;  while»  accordinf  to  Serrios  (ad 
\tT^.  J«K.  Tii.  612),  the  Cinctns  Gabinns  was 
fanaed  bj  girding  the  toga  tightly  round  the 
hoAj  bjr  oae  of  the  laciniae  or  loose  ends.  These 
eiffeaicQs  are  quite  irreconcilable  with  the 
«^4aioD  that  the  lacinia  was  the  lower  border  or 
uirt  of  the  toga,  while  all  the  passages  adduced 
hy  then  admit  of  easj  explanation,  according  to 
UiesboTe  riew.  The  lacinia  was  undoubtedlj 
pennitted  by  some  to  sweep  the  ground, 
c>p«ciaIJy  by  such  as  wore  their  garments 
kK29«lj.  Thus  Jlacrobitts  {SaL  ii.  3)  remarks 
ajwn  oae  of  Cicero's  witticisms,  '^Jocatus  in 
Caaarem  quia  ita  praecingebatur,  ut  trahendo 
hdaism  Telut  mollis  ino^eret,"  which  oorre- 
."poods  with  the  well-known  caution  of  Sulla 
aiidressed  to  Pompey,  **  Care  tibi  ilium  puerum 
mile  pnecinctum;''  and  Suetonius  tells  how 
the  Emperor  GaliguUy  being  611ed  with  jealousy 
«Q  accoont  of  the  plaudits  lavished  on  a 
gUiistor,  hurried  out  of  the  theatre  with  such 
ktstc,  **ut  calcata  Iscinia  togae  praeoeps  per 
gndos  iret."  The  etymology  of  the  word  (Acuc^ 
xicos,  hcerOf  and  perhapa,  as  Curtius  inclines  to 
tiiiok,  also  hdimt)  points  to  the  same  sense,  and 
it  is  probable  that  its  primary  meaning  was  a 
jaf fed  edge  or  pendent  comer,  and  so,  as  giTsn 
abore,  a  piece  or  comer  of  a  dress,  not,  as  Rich 
thinks,  *^  a  weighted  drop."  If  any  such  drop 
can  be  traced  in  the  tunica,  which  is  doubtful, 
it  casnot  in  the  toga,  to  which  the  lacinia 
fuieraUy  belongs ;  and  all  the  uses  for  wiping, 
vrapping,  Jk.  imply  that  it  is  a  piece  of  cloth. 
Taoi  in  Cic  Fam,  ZTi.  21  we  find  it  used  to 
wrap  up  pips  of  £ruit  taken  from  the  diuDer- 
table :  it  is  the  comer  of  dress  seiaed  to  stop 
uijooe  ^net.  Cknid.  15;  Vulg.  Gen.  xxziz. 
''^X  whence  came .  the  proverbial  expression 
'Minere  hernia  of  a  precarious  hold  (Cic.  de  Orai, 
iii  28,  §  110 ;  Plant.  Asin,  iii.  2,  41).  The  other 
ineamngs  agree  with  the  above  explanation :  (1) 
tvo  jagged  excrescences,  hanging  from  the  neck 
of  aihe-goat ;  (2)  a  comer  or  promontory  of  land 
(Plia.  r.  §  14^),  "  promontorium  in  quo  Megaria 
o^ipidom  fnit:  undeCraspedites  sinus  vocabatur, 
^aumam  id  oppidom  velut  in-Mcmia  erat ; "  (3) 
%  point  or  tongue  of  a  leaf  (Plin.  xv.  §  130).  The 
ctorraponding  Greek  term,  as  seen  from  the 
F»sage  qnoted  from  Pliny,  is  jcpdUnrcSoF,  and 
accordingly  Plutarch  (2%.  Gr,  19)  and  Appian 
(/''.  C.  i.  16)  use  that  word  in  narrating  the 
^Tj  of  Scipio  given  above.    [W.  R.]  [G.  K.  M.] 

UGOTflCUM.     [Balnkae,   p.  277  6,  p. 

278  a] 

UCU'NAB.    IPoiTOB,  p.  686  a.] 

LACU8.    1.  SeeFoNS.    2.  SeeTOBCULAB. 

3.  Lacus  (fiaf^^y  was  also  used  for  the  bath  in 

vhich  the  smith  (xaJunls  or  faber  ferrarius) 

P^<i&ged  the  hot  iron  to  give  it  the  harder 

iwljtiea  of  steel.      (Verg.    Georg.    iv.    172; 

•>»id.  MtL  ix.  170,  xii  276 ;  Lucr.  vi.   968 ; 

w.  hr.  55,  15;  Plin.   ff,  N.  xxxiv.  §  146.) 

»  ii  BMiatained  by  the  best  modem  authorities 

(a  Grceic  and  Roman  metal  working  that  by  this 

^B^thod  a  kind  of  steel  was  manufactured  as  far 

^  u  the   Homeric   age.      (See   Bliimner, 

'*bo/.  iv.  342  §qq.)     Though  neither  Greek 

^  laUa  has  a  distinct  word  for  steel  (except 

^<»«  poetical  x^^f  chaiifbs),  yet  this  nrocess 

*«  kaowB,  and  the  words  trrofiovyf  arofj^^tris^ 

rr^utnA  all  refer  to  the  steeling  effect  of  the 


LAENA 


3 


0a^f  and  this  corresponds  to  the  Latin  signifi- 
cance of  aoiea  (cf.  French  acter).  The  earliest 
precise  mention  is  that  of  Otf.  ix.  391 : 

Mf  3*  or'  ay^p  xaA«<d«  wA««tw  /Uyav  ^i  oKitnpvw 
ctr  vdari  ^h^cp«p  ^wva  fuyi/ua.  la^ovra 
^a^maovwF,  rb  yip  o&r*  mh^pw  yt  Kparof  com 

(where  Eustathius,  aro^doirrai  yitp  o'iSifp&r  roiw&rp 
fiwpp.)  Conf.  Plut.  Def.  orac.  41,  p.  433  A ;  PoU. 
vii.  107,  &c.;  and  especially  Plut.  An.  rcU,  uU,  16, 
p.  988  D,  db^pc(ar  oTor  fia^  rts  6  Bvfi6s  4ari 
Kot  <rr6tutfia,  which  expression  seems  to  fix  the 
precise  idea  of  the  much-disputed  0aip^  ffiJthfiphs 
&s  in  Sophocles  Aj.  650,  i,e.  **  I,  who  was  then 
steeled  and  made  69f9p€ios  as  iron  is  by  the  bath, 
am  instead  made  BiiKvs  by  Tecmessa's  words" 
(the  stop  being  at  Ki,  and  the  aorist  as  usual 
referring  to  the  time  of  speaking). 

It  is  true  that  there  was  aUo  a  practice  of 
dipping  rnnaUer  steel  implements,  such  as  needles 
and  brooch-pins,  in  oil,  to  make  them  less 
brittle,  as  was  supposed  (Pint,  deprim.  frig.  13, 
p.  950  C ;  Plin.  xxxiv.  §  146) ;  and  so  this  pas- 
sage has  often  been  explained,  but  there  is  no 
mention  at  all  of  any  such  practice  earlier  than 
Plutarch,  and  then  only  of  small  articles, 
whereas  there  is  in  earlier  Greek  writers  a 
frequent  allusion  to  the  fia^  especially  in  the 
moral  application  (Arist.  Pol.  vii.  14,  &c.),  and 
invariably  (as  Latin  laoua)  of  hardening  or 
steeling,  which  is  a  strong  argument  for  giving 
the  same  meaning  in  the  passage  cited.  Thia 
process  would  not  apply  to  x^^^'t  ai><1  >ucb  >* 
perhaps  the  meaning  of  xa^«ov  ^o^l  in  Aesch. 
Ag.  589,  though  Clytemnestra  may  merely  he- 
disclaiming  all  technical  knowledge  of  weapdns. 
The  colouring  of  copper  by  /So^^  as  mentioned 
by  Plutarch  and  Pollux  is  altogether  later. 
[For  a  discussion  of  this  treatment  of  iron,  see 
Bliimner  {T^Ghnohgie,  iv.  342-350),  who  refers 
to  a  larger  work  of  Paehler,  Die  L&achung  des 
Stahiet  bei  den  Alien."]  [G.  £.  M.] 

LAENA.  The  same  word  as  the  Greek 
X^atyo,  and  perhaps  radically  connected  with 
kdxni  (l<Ma\  though  Curtius  is  doubtful  on  that 
point  {Etym.  336).  It  was  manufactured, 
according  to  Strabo,  in  later  times  in  Gaul :  j|  8^ 
ip4a  (of  the  Belgians)  t^x**<"  h^f^  iucp6fia\\os 
5^  ii<p'  ^ff  robs  5curc<s  crdTour  4^%fifxUyov<rw  otfs 
Kodyaa  KoXovai :  but,  as  Marquimit  points  out, 
it  was  an  old  Roman  dress,  being  worn  by  the 
Flamines,  fastened  with  a  bronze  fibula  (Cic. 
Brut.  14,  56,  of  the  Flamen  Carmentalis) :  cf. 
Serv.  ad  Aen.  iv.  262,  "  est  autem  proprie  toga 
duplex,  Greece  x^^m^Ui  amictus  auguralis."  (Sec 
Marquardt,  Staainerwattung^  iii.  336.)  Festus 
derives  its  origin  from  the  Etruscsms:  Cicero 
(/.  c.)  connects  the  surname  Laenas  of  the 
Popilii  with  this  dress,  because  Popilius  was 
wearing  it,  being  Flamen  Carmentalis  as  well  as 
Consul,  when  he  quelled  a  tumult. 

1.  It  signifies  then  properly  a  woollen  cloak, 
the  doth  of  which  was  tiyice  the  ordinary 
thickness  (**duarum  togarum  instar/'  Varro, 
L.  L.  V.  133),  and  therefore  termed  duplejf 
(Festus,  8.  V, ;  Serv.  /.  c),  shaggy  upon  both  sides, 
worn  over  everything  else  for  the  sake  of 
warmth  (Mart.  xiv.  136).  Hence  persons  car- 
ried a  laena  with  them  when  they  went  out 
to  supper  (Mart.  viii.  59)  ;  and  the  rich  man  in 
Juvenal,  who  walks  home  at  night  escorted  by  a 
train  of  slaves  and  lighted  bv  fiambeaux,  is 

B  2 


4  LAGONA 

wnpMd  in  a  tcnltt  UcDa  (Jdt.  >ii.  SS3,  wtitn 
•M  Hmjvr't  DDK).     The  courtly  bird  in  Penini 

(i.  3S)  ia  intitxtaced  reciting  hit  fMbioiubla  Uyi 
vitli  a  TioUt-colonnd  ImeOA  am  bii  Bbouldern ; 
bat  that  it  «u  ■!»  worn  bf  th«  poor  ippaars 
from  Jar.  T.  131.  (Sm  >1»  Becker-GSll, 
OaUiu,  iil.  321.) 

2.  Th*  drsM  of  tb«  FUmiiMi,  ii  mcntiDnwl 
above.  Tha  aorrMpondiiice  of  tbe  laena  with 
the  OrMk  x>^»ui*  !■  hu  (L)  b;  tha  daicription 
(Homer,  ZTi.  133) : 


(ii.)  iti  OM  for  warmth  liH/unmrriit,  If.  irr. 
334);  (iii.)  from  the  fact  that  the  x'''^' ■> '>" 
Homeric  dreM  of  beroa,  while  the  Latlu  poeti 
elotbe  them  in  the  laena.  (Aeneu  ia  Virg.  Am. 
iv.  363;  Haadmbal  in  Sil.  lui.  it.  *2i:  cf. 
Plot.  Ifain.  T,  ht   ifipwr   at   Itfnt   AoJmi   6 


'Ii0<a  x^'^'"  ^^l' 


Sea   Marqaardt, 


LAGOWA   or    LAGU-NA  (i  ,       . 

lagtna,  Xiymt).  There  ii  couiderable  dif- 
ference about  the  ipelling  of  thii  word.  Pro- 
ftoior  Hajor  (on  Jarenal,  t.  29)  comparta,  for 
the  Latin  o  beaide  tbt  Greak  «,  the  ¥rordj 
amora,  Hnna  ((rHlpa^X  "os,  mola,  eodet  {iii- 
iiXii^].  The  liut  of  theee  eoDneiioiu  both 
Coruen  and  Cnrtioi  dinppren,  bat  there  are 
■bandant  InitaDcei  withoac  it.  Corwea  ihowa 
that  the  Old  Utia  form  to  tha  end  of  the 
Bepablic  ia  inacriptiona  ta  lajima  and  iometimea 
lagnu  (in  H3S.  alao  tagoaia).  In  the  imperial 
tiroea  lagima,  aa  in  the  annexed  engraiing. 
It  waa  an  eanheawaie  jug  with  one  handle,  a 

body  (whence  "tm(r»  lagonaa,"  Jar.  lii.  60). 
Ita  narrow  neck  ia  ahowo  alau  br  ita  uea  ia 
Phaednu  for  tha  bbla  of  tha  atork  and  tha  fox, 
and  hy  the  line*  in  the  Aothologf  eCi  Kir/vmr : 


In  fact,  it  WM  in  ihape  mach  like  the  well- 
koown  Orriato  wino-flaak,  bnt,  ifao  covered  with 
wickerwork,  woald  be 


call«d  ^iaini 
f^amifw  (Suid.  a.  v. 
wvrfni).  It  was  uaed 
for  holdiDg  wine,  and 
waa  aat  beaide  the 
gneata  (Hor.   Bat. 


39). 


Thev  were  used  b1» 
In  Oaul  for  beer,  ai  ia 
abown  bf  an  inicrip- 
tion  on  a  lagona  in 
the  Uaa^  Caraavalet 
at  Paria,  "  Oipita 
reple  lagona  eerveia." 
Uartial  (vji.  61) 
apeaka  of  a  ahop  with 
thaat  veaiali  hnng  in  a  atring  b;  the  handle* 
(foUnatai  lagonae). 

The  illuatration  (from  Uarqnardt)  npreaaati 
a  lagona  in  the  Miueam  at  Sainl^a,  the  in- 
icription  on  which  ia  "Uartiall  aotdam  lago- 
nam."  (See  Uarqaardt,  PrmaUtien,  649  ;  Gnhl 
and  Eoner,  Oh  Ltien  Orie<Am  hwI  Bom., 
160.)  ra.  £.  M,] 

LAHPADA'BCHIA.    CLaxp^uedbdmii.] 


LAMPADEDBOMIA 

LAMPADEDBCMIA  <)uvin>q^fJa> 
often  alao  limplj  An^irlli,  XoftraSoirxn  iyir  oi 
Sfiiiti,  loprii  hanwitiit,  and  leu  frequentlr,  a; 
in  Hand.  viii.  98,  fiA/iwaSii^pla,  a  torch-raH 
celebrated  not  onlf  at  Athena,  hot  alao  at  maaj 
placet  in  Greece  and  Greek  colonic! :  at  Corinih 
ia  hononr  of  Athena  UellotU  (ScboL  Piod 
Olgmp.  liii.  56  ;  Athen.  iv.  678) ;  at  BTUntiun 
Ikainrii  i>i(3*r.  C  I.  0.  3034);  at  'Ceoa  (id 
3360);  at  Sjrroi,  in  hononr  of  Damettr;  tc 
Artemia,  at  Amphipolia  (Diod.  ivjii.  4 ;  Ut 
ilir.  44) ;  and  other  place*  (aee  Boeckh,  StaaU 
AmuA.,*!.  FrilnkeUi.  550).  A le lander  oelebrato 
■  torub-ra«  at  Snaa  (Arrian.  iii.  16).  The  torch 
race  waa  held  alao  at  EpiUphia;  at  the  Thescii 
(C.  /.  A.  ii.  444),  and  ia  laUr  timea  at  tli< 
Germanieeia'  (C.  /.  A.  iii.  1096 ;  Friokel  oi 
Boeckh,  ii.  113* ;  A.  Mommaen,  nturtologk,  170) 
and  poaaiblf  at  anj  great  faneral  gamea,  whtu 
inffident  fnoda  were  provided. 

At  Athena  we  know  of  five  celebratiana  eg 
thii  nma:  one  toPrometheas  at  thePromethn 
(ScholodAriat.  flo».131;  Harpoc.a.t.;  P»ui. 
i.  30^ ;  a  second  1«  Athena  (Phot.  a.  v.  t^iiQt, 
at  the  Panathenaea  (whether  the  gnater  odI> 
ia  uncertain,  hut  tee  Boeckh,  I.  c);  a  thtnl  Ic 
Hephaeitna  on  tbe  evening  of  the  day  arter  th< 
Apataria(cf.  Herod,  tiil.  9);  a  fourth  to  Pai 
(Herod,  vi.  105;  Phot.  a.  e.  ;^n(,:  cf.  Paus. 
viii.  54,  {  6);  a  Gfth  to  tha  Thracian  Artemii  ot 
Bendii  (PUl.  Sep.  i.  p.  328  A).  The  three  funoet 
are  of  unknown  antiquity;  the  fonrth  waa  Intro- 
duced w»D  after  tbe  battle  of  Marathon ;  thr 
laat  in  the  time  of  Socratet. 

The  race  waa  ran,  uiualiy  on  foot,  by  ephfln. 
bortea  being  firrt  nied  in  tbe  time  of  Sl>c^lt^ 
(Plato,  I.e.);  and  at  night.  The  admiaiatraticm 
of  it  woi  aodonbtedly  under  the  gymnaiiarch  Ic 
the  time  of  Xenojihon  (de  rep.  Atk.  13),  aad  ii 
waa  a  liturgy  involving  emulation  and  coat ;  lli! 
tribe  being  honoured  ai  in  tbe  choregia,  by  ■ 
victorv  of  ila  contingent.  Thna  an  inaoKptioi 
runa,  Ako/uotIi  Mk»  XaiirOt  namMnua  ti 
liryika  4w'  'Am;I*b  ifixorroi-  HavocX^t  /yw 
mriifxf  (C.  I.  A.  ii.  1339) :  but  we  hear  lata 
of  a  XaimOapxla,  aa  in  Ariatotle  (Pot.  v.  8),  «h< 
ipeaka  of  tha  Kafiwa^a^iv  aa  a  coatly  and  ratbei 
uaeleu  liturgy,  which  he  would  like  to  prohibii ; 
and  the  word*  KaitraS^fXtli,  Xaiaratapx'^  oc<al 
in  inacriptiona  (lee  Kranie,  ap.  Fanly,  Sa/\ 
£iuyc(.  a.  v.) ;  but  laaeoi,  like  earlier  writeni 
:preasion    ytiiaaaiBfx*'''   Aofiv^ 


1.(00 


a  lata  at  166  A.. 


Boeckh,  L  534,  and   Fnnkal'a 

doubt  poaaible  that  in  Aristotle'i  time  a 

bad  ariaen  of  making  a  special  liturgy  cailfl 

AofuraSopxCa  for  the  featiral  itaelf,  akin 

Hparate  from  the  gymnaaiarchy ;  i 

however,  there  waa  not 

a    diatinct  office,  and  it 

wai     merely    ntual    to 

speak  of  tbe  gymnoaiarch 

Doder   thia   title  at  tha 

time  of   the  torch-race, 

which   waa  regarded   aa 

the       mo*t       important 

branch  of  hi)  office  and 

ita    moat    public    mani- 

featation.      The    gymna- 

aiarch  bad  to  provide  the  ' 

Aati*^,  which  waa  a  candlestick  with 

shield  set  at  the  bottom  of  the  socket, 


LAMPADEDBOMIA 


LAMPADEDROMIA 


Id  the  pneedmg  woodcut,  taken  from  a  eoin  in 
MiouMt  (pi.  49,  6).  In  the  two  cats  given 
Wkv  tile  torches  are  somewhat  different:  in 
cae  they  are  formed  of  thin  etiips  of  wood,  no 


Torch  need  In  the  race.    (Knnee.) 

doubt  meared  with  resin  or  pitch,  and  held 
^o^ether  hj  the  disc  tfarongh  which  thej  are 
fttawd,  and  which  aerred  as  a  gnard  to  the  hand 
inrm  the  dripping  of  the  pitch  (some  represen- 
tatiaushow  also  a  crossed  string,  binding  the 
siripi  of  wood) :  in  the  other  cut  the  mnners 
camr  riiields  (as  in  the  drXiroSpo/Jo,  bnt  with- 
out hehnets);  while  the  torches  have  a  flame, 
sppucntlj  from  a  wick  steeped  in  oil  or  liquid 
pitch,  in  the  hollow  at  the  top,  somewhat  like 
the  Bedem  torch.    The  gymnasiarch  had  also  to 


Torch  used  In  the  iioe.    (KrAue.) 

pvmide  for  the  training  of  the  ranners,  which  was 
^  BO  slight  eonseqncnce,  for  the  race  was  evi- 
^ntlj  a  serere  one  (compare  Aristoph.  Veap, 
1^;  Am.  1087X  ^i^  o^«r  expenses,  which  on 
th«  whole  were  rerj  heavy,  so  that  Isaens  ( Or,  6 
L^Uoctl  {60)  classes  this  office  with  the  x^l»f 
y^  ud  Tfoipapx^  *^  reckons  that  it  hsd 
eort  kirn  12  minae.  The  discharge  of  this  office 
vu  called  yuf^aa^m^w  Katiirm  (Isaens,  L  c), 
^  ^r  Titf  Kofordffi  yt^umaiapx^'i^f^M  (Xen. 
^  y€dig,  hr.  52).  The  victorious  gjmnasiarch 
pnseated  his  XapLwia  ss  a  votive  offering  (jM' 
f9^  Boeekh,  /user.  Nob.  243,  250);  and  we 
^  the  victorious  runner,  when  there  were 
*^  coopttitoTs,  receiving  a  Upla  (see  A. 
"wmmea,  ffMrtologie,  p.  169). 

As  to  the  arrangement  of  the  lampadedromia. 
>t  Kcms  necessarj  to  understand  two  diflerent 
B«thod«,  whether  we  regard  them  as  co-«zistent 
«<  ts  bekmgiag  to  different  periods.    (1)  Hero- 


dotus(viiL  98)  speaks  of  this  game  to  illustrate  the 
Persian  sjstem  oyTc^toi^;  Plato(Xtf<7^.  vi.776  B) 
of  *'  handing  on  the  torch  of  life  from  one  genera- 
tion to  another ; "  and  the  same  metaphor  is  used 
bj  Lucretius,  ii.  77 ;  Varro,  de  Be  Musi.  iii.  16,  9 ; 
Pers.  vi.  61 :  so  also  Aristot.  Phys.  v.  4,  10,  ofor 
il  Xttfivks  iK  ZiaXoxvs  ^p^  ixo/Uyii,  with  which 
compare  ZioBoxoSs  vKiipo^/upoi,  Aesch.  Ag.  313  ; 
and  Auct.  ad  Herenn,  iv.  46,  '*  qui  taedas  ardentes 
accipit  celerior  est  quam  ille  qui  tradit  quod 
defatigatus  corsu  integro  facem  tradit."  Here 
we  are  clearly  to  understand  lines  of  runners 
(Aa^wa9t0Tal  or  \afiwaBi|^^pot),  posted  at  inter- 
vals, the  first  in  each  line  who  receives  the 
torch,  or  tiikes  it  from  the  altar,  running  at  his 
best  speed  and  handing  it  to  the  second  in  his 
own  line,  and  the  second  to  the  third  until  the 
last  in  the  line  is  reached,  who  runs  with  it  up 
to  the  appointed  spot.  Of  course,  if  any  torch 
went  out,  the  line  to  which  it  belonged  was 
out  of  the  race.  The  victory  {vikom  \a41wM) 
fell  to  that  line  of  runners  whose  torch  first 
reached  the  goal  alight.  Assuming  that  all  the 
g3rmnasiarchs  contended  on  each  occasion,  there 
would  be  ten  such  lines  (or,  after  B.C.  307, 
twelve),  one  for  each  tribe;  but  it  is  possible 
that  each  gymnasiarch  performed  his  service 
only  once  a  year,  and  that  only  a  certain  number 
were  told  on  for  each  festival.  All  the  runners 
in  the  winning  line  or  chain  contributed  to  the 
victory,  and  this  may  posubly  be  the  explana* 
tion  of  the  well-known  line  of  Aeschylus  {Ag. 
314),  viic^  8*  6  xpAros  letd  rsAswcuof  Zpofi^Vf — 
**  the  last  and  the  first  (i.e.  all  alike  in  the  chain) 
are  successful."  The  beacons  are  all  victorious 
because  all  belong  to  the  successful  chain  of 
light,  as  in  the  torch-race  each  person  in  the 
line  shares  the  victory. 

But,  if  this  is  the  right  rendering,  there  is 
certainly  an  obscurity  of  diction  in  putting  icol 
rcXevTOAbs  for  x^  rcXcvraibr,  which  the  strict 
idiom  would  require,  and  that,  too,  without  any 
metrical  reason,  such  as  exists  in  the  passage 
(line  324)  cited  by  Mr.  Sidgwick.  It  may 
therefore  be  better  to  explain  it  with  reference 
to  the  het  that  the  fint  tn  winning  torch 
was  handed  in  (to  the  archon  basileus)  by  the 
last  recipient  of  it,  and  therefore,  **  he  who  is 
both  first  to  arrive  and  last  in  the  chain  wins 
in  the  race." 

That  Pausanias,  however,  saw  a  different 
kind  of  torch-race,  there  can  be  no  doubt.  He 
says  (i.  30,  §  2) :  iv  'AKttirifilq.  Hi  iffri  npofiif- 
0wt  fi»fi6s,  icii  $4ovir»  itw*  tdnov  irphs  rV 
w6\tp  Ix^*^*'  KtuofiirM  KofivHas.  rh  9h  kyiL- 
pifffut  SfAOv  r^  Zf6iipf  ^vXifyu  rV  8f8a  fri 
icatofi4tnpf  iirrbr  nrofffita^iffjis  Z\  M\v  tri  r^s 
rlicris  r^  wpi6ry,  Ztvrdp^  H  Arr*  abrov  fiirtortw. 
el  8^  /iifM  roir^  iciuoiro,  6  rplros  iarlp  6 
KparSWf  §i  8^  irturty  Aweir/Scirtfc^if,  oitMs  itrrip 
vrtf  KoraAcfircrai  ii  vtmi.  Here  there  is  evi- 
dently no  handing  of  the  torch  from  one  to 
another  —  several  torch-bearers  are  started, 
possibly  one  for  each  tribe;  the  first  who 
reaches  the  goal  with  his  torch  alight  wins: 
the  competition  is  individual,  not  one  chain  of 
runners  against  another.  And  it  is  no  doubt  to 
such  a  race  that  inscriptions  which  speak  of  a 
single  victor  with  a  single  prize,  refer.  Whether 
this  was  a  new  method,  or  one  which  had 
existed  alongside  of  the  other,  it  is  impossible  to 
say  with  certainty ;  but  it  is  probable  that  the 


6 


LAMPADEDBOMIA. 


LANTERNA 


different  kinds  of  torch-race  were  in  vogue  at 
different  times;  for  it  b  fair  to  assume  from 
the  language  of  Pausanias,  that  he  had  not 
witnessed  the  kind  of  race  described  by  the 
earlier  writers  who  hare  been  quoted  above. 

The  starting-point  at  Athens  was  the  altar  of 
Prometheus  in  the  Academy,  and  the  course  passed 
through  the  Ceramicus  to  the  city  (wphs  tV 
ir6\iv)t  perhaps,  as  Mommsen  {Heortologie^ 
p.  312)  thinks,  to  the  Prytaneum  under  the 
north  side  of  the  Acropolis,  a  dbtance  of  a  little 
over  a  mile.  The  archon  basileus  presided 
(vpo4im^K9  rwy  ity^vw  rStv  M  AoftviiSt,  Poll. 
Tiii.  90),  and  gave  the  prize  to  the  victor.  Both 
starting-point  and  goal  may  have  varied  some- 
what at  different  times,  or  in  different  festivals. 
Plutarch  (Solon,  1)  says  that  the  torches  were 
lighted  at  the  altar  of  Eros,  which  was  not  far 
from  the  altar  of  Prometheus  (irp^  riis  iir69ov 
Tijs  4s  *Aic<a7jfilay^  Pans.  i.  30,  §  74);  the 
mounted  race  in  honour  of  Bendis  was  run  in 
the  Peiraeus  (Plato,  /.  c). 

As  regards  the  origin  of  these  games,  it  may 
safely  be  said  generally  that  it  is  to  be  sought 
in  the  worship  of  Hephaestus,  Prometheus,  and 
Athena,  who  are  all  connected  with  iii'e  and 
dight,  and  with  those  arts  and  manufactures  in 
-which  fire  is  an  agent.  But  it  may  further  be 
conjectured  that  this  form  was  first  used  in 
.  honour  of  Prometheus,  to  repr&tent  the  myth  of 
his  giving  fire  to  men.  The  torch  is  kindled  at 
his  altar  and  carried,  if  the  theory  above  men- 
tioned is  correct,  to  the  Prytaneum,  where  the 
national  fire  was  preserved,  as  carefully  as  though 
it  were  still,  what  it  had  been  in  primitive  times, 
hard  to  rekindle  if  onoe  it  died  out :  then  this 
gift  of  the  mp^dpos  $^6$,  representing  the 
mhXos  ydpOri^  (Hesiod.  Theog.  566),  is  handed  to 
the  king  archon,  who  represents  in  religious 
matters  the  ori^nal  guardian  of  the  national 
hearth.  The  same  idea  can  be  traced  in  a 
custom  which  Maury  cites  (ttom  PhilostratusX 
as  existing  in  the  games  at  Olympia:  the 
runners  are  placed  a  stade  from  the  altar  where 
wood  is  to  be  lighted ;  near  the  altar  stands  the 
priest,  who  awards  a  crown  to  the  first  who 
touches  the  altar  with  his  torch.  (Maury, 
Religion  de  la  Grioe  antique,  iii.  491.) 

But  with  the  giver  of  fire  Were  soon 
Associated  in  this  worship  the  Olympian  deities 
who  presided  over  its  use:  Hephaestus,  who 
taught  men  to  apply  it  to  melting  and  moulding 
•  of  metal;  and  Athena,  who  carried  it  through 
the  whole  circle  of  useful  and  ornamental  arts. 
'On  the  close  connexion  of  Hephaestus  with 
Prometheus,  and  of  both  with  Athena,  see 
Preller,  Griech.  Mythol.  p.  80  (ed.  1872). 
Both  indeed  are  connected  by  myths  with  the 
(birth  of  Athena  as  well  as  with  her  presidency 
-over  arts  and  manufacture  under  her  name 
^Zpydtni  (Pans.  i.  24,  §  36).  It  is  suggested  by 
Welcker  (Aeschyl.  Tril.  p.  21)  that  the  com- 
munity of  potters  instituted  the  torch-race.  It 
is  true  that  the  course  was  mainly  in  the  outer 
and  inner  Ceramicus,  and  that  Athena  was  the 
patroness  of  the  xepo^^f  {Mp*  6r/  *A0fiyalfi  Koi 
^c(pcX«  X^*P*  Katd¥ov  is  the  address  in  the 
K^pt^Us);  but  the  original  connexion  of  the 
torch-race  with  Prometheus  is  more  natural, 
and  moreover  the  starting-point  is  in  fact  not 
actually  in  the  outer  Ceramims,  but  beyond  it 
In  later  times  the  same  honour  was  paid  to  all 


gods  who  were  in  any  way  connected  with  Hre, 
as  to  Pan,  to  whom  a  perpetual  fire  was  kept 
up  in  his  grotto  under  the  Acropolis  (cf.  aUo 
Pausan.  viii.  37,  §  677) ;  so  also  to  Artemis,  as  a 
moon-goddess,  whom  Sophocles  (Track,  214) 
calls  iii^iirvpos  (cf.  xvp^pot  *Aprffjd9os  ctT-yXaiy 
Oed.  Tyr,  207,  and  6  mtp^pos  ^ths  Tirhaf  IIpo- 
ftriBwSf  Oed,  CoL  56).  The  mounted  i*aoe  in 
honour  of  Bendis,  the  Thracian  Artemis*  was  no 
doubt  introduced  by  the  numerous  Thracian 
metoeci  who  lived  fur  trading  purposes  at  the 
Peiraeus.  In  the  still  later  extensions  of  the  rites 
mentioned  at  the  beginning  of  this  article  all 
symbolism  was  probably  lost,  and  for  these  it 
was  merely  adopted  from  the  older  festivals  as  a 
striking  8pectacle.  [U.  G.  L.]     [0.  E.  M.] 

LANTERNA  (only  in  late  Latin  latema. 
Curt.  Or.  Et.  266  ;  Corsscn,  Lai,  Sprach.  i.  256) 
=  the  Greek  \vxyovxos  (see  below),  also  lirv6s 
(Aristoph.  Fax,  841),  a  lantern.  Two  bronxe 
lanterns,  constructed  with  nicety  and  skill,  have 
been  found  in  the  ruins  of  Herculaneum  and 
Pompeii.  One  of  them  is  represented  in  the 
woodcut  below.  Its  form  is  cylindrical.  At 
the  bottom  is  a  circular  plate  of  metal,  resting 
on  three  balls.  Within  is  a  bronxe  lamp  attached 
to  the  centre  of  the  base  and  provided  with  an 
extinguisher,  shown  on  the  right  hand  of  the 
lantern.  The  plates  of  translucent  horn  (Plin. 
ff,  N.  xi.  §  49 ;  Lucret.  ii.  388),  forming  the  aide;, 
probably  had  no  aperture ;  but  the  hemispherical 
cover  may  be  raised  so  as  to  admit  the  hand  and 
to  serve  instead  of  a  door,  and  it  is  also  per- 
forated with  holes  through  which  the  smoke 
might  escape.  To  the  two  upright  pillars  sup- 
porting the  framework,  a  front  view  of  one  of 
which  is  shown  on  the  left  hand  of  the  lantern, 
chains  are  attached  for  carrying  the  lantern  by 
means  of  the  handle  at  the  top. 


"ST 
Lantern  found  at  Herculaneum. 

We  learn  from  Martial's  epigrams  (xir.  61, 
62)  that  bladder  was  used  for  lanterns  as  well 
as  horn ;  also  linen,  as  the  cheapest  form  of 
lantern  (Cic.  AH,  iv.  3, 5 ;  Plant.  Baoch,  iii.  3, 42). 
The  lantema  Punioa  (Aul,  iii.  6, 30)  was  probably 
a  horn  lantern,  as  the  best  kind  then  known. 
Some  centuries  later  glass  was  also  used  (Isid. 
Orig.  XX.  10).  When  the  lantern  was  required 
for  use,  the  lamp  (lucema)  was  lighted  and 
placed  within  it.  (See  Mart  xiv.  61 ;  Veg. 
Mii.  iv.  18.)  It  was  carried  by  a  slave  called 
hHUmarnu  or  ierw9  pnuluccni  (Plaut*  Amph. 


LANX 


LABABIUM 


Pffl  l49yL  1, 185  ;  Cic.  m  Pis,  9,§  20 ;  Jar.  iii. 

:^;   Hart.   TiiL    75).      Suetonius  (^i^.   29) 

amanmM  that   the  '*  senrus  praelucens "  was 

dtnck  by  lightning  while  Augustus  was  being 

earned  in  his  litter.    We  learn  from  Photius 

dut  the  name  \vxtwixos  was  given  to  a  lamp 

eaeloeed  in  a  case  of  horn  or  of  transparent 

vkji,  sad  that  perforated  pitchers  were  used  in 

tha  same  waj:   for  instances,  see  Rutherford, 

3>9  PkrynichMa^  p.    131.     llie   ^dCros  was  a 

imk  or  torch  of  strips  of  resinous  wood  tied 

together,  but  in  late  Greek  used  for  Kuxfov" 

Xo»*  a  lantern  (Rutherford,  L  c).    (See  also 

Msninardt,  Pn'rotf.  712;  Becker-G5ll,  GcUius, 

ii.404.)  [J.  y.]    [G.  E.  M.] 

LAKX.       1.    A    general     term,    including 
Tirioos  forms  of  dishes  different  in  shape  and 
ose,  but,  as  fiff  as  can  be  gathered,  a  large  dish. 
It  should  hare  been  originally  flat,  according  to 
Consen's  riew  that  it  is  connected  with  plancus^ 
p^ss,  rrXd^f  vKbkovs:   but  it  was  also  deep 
(ooM,  Mart.    xi.   31)   and,    so    far,   like  the 
catunu.     The  epithet  panda  applied   to  it  in 
Virgil  (Qtorg.  ii.  194)  probably  has  the  same 
meuisg.    In  Hor.  Sat,  ii.  4,  40,  it  is  round  and 
Ivfe  oongh  to  hold  a  wild  boar;  but  it  is 
«)asrt  cr  quadrangular   in    Ulp.   Dig.   34,   2, 
19.    Grid  iPotU,  iii.  5,  50)  describes  it  as  em- 
bossed (caelaid)  and  holding  fruit,  but  most 
frequestlf  we  find  it  used  for  bringing  meat  or 
6ih  to  the  table  (Hor.  /.  c. ;  Jut.  v.  80 ;  Plant. 
Cvr,  333).    It  is  need  for  incense  (Or.  Pont,  iv. 
^  4<) ;  Prop.  iL  13,  23).     Its  use  in  sacrifices, 
both  fnr  the  exta  and  for  incense,  may  be  seen 
iromYerg.  Georg.  iL  194,  394;  Aen,  viiL  284, 
ziii.  215 ;  Or.  L  c.   All  passages  which  give  any 
in^catkn  of  its  material  tend  to  prove  that  the 
Isoz  was  always  of  metal ;  for  the  rich,  of  silver 
(Hot.  At  iL  4,  40;  Plin.  ff.  N.  uxiii.  §  145, 
vbere  fanoes  are  mentioned  weighing  from  100 
to  500  poonds,  and  requiring  a  speciu  offidna  to 
oske  them>    In  Cicero,  Att  vi.  1, 13,  the  lanz 
«Bhosied  in  filigree  work  {fiHoald)  is  opposed  to 
na  fictilia ;  but  that  it  was  made,  if  always  of 
ncUl,  sometimes  of  cheaper  metal  than  silver, 
ii  implied  by  its  mstic  use  in  Verg.  Oeorg,  1.  c 
The  iblhming  lines  from  Ovid  {Poni,  iv.  8,  39, 
^)  are  instructive  both  as  to  size  and  relative 
CMt:— 

"Sec  qaas  de  parva  dis  pcnper  Ubsi  aeena 
Tte  BtanM^  gnmdi  qjamm  dsia  lanoSp  vsknt:" 

oi  it  is  noticeable  that  Pliny  (L  e.%  speaking 
«f  very  costly  silver  plate,  uses  the  word  Ictnx, 
bat  in  xxxv.  §  163,  when  he  speaks  of  pottery 
Bade  st  an  extimvagant  price,  he  uses  the  word 
l"ttuL    (llarqaardt,  PnvatL  654;  Catinus.) 

1  The  meUl  dishes  of  the  balance  [Libra] 
vere  called  kmeea,  and  sometimes  the  word  lanx 
(=:  Hbn  bUanx)  was  nsed  to  express  the  balance : 
»  Suet  Vap.  25;  Verg.  Am.  xiL  725,  &c. 
(B«k«jG«ll,aa//M,iL367.)  [J.Y.]  rG.E.M.] 

lATHBIA  (/uifpia),  an  annual  festival, 
<*^c^ted  at  Patrae  in  Achaia,  in  honour  of 
^'^cBuii  somamed  Laphna.  The  peculiar 
"^'BMr  ia  which  it  was  solemnised  during  the 
^  of  the  Roman  empire  (for  the  worslup  of 
^'^nia  Laphria  was  not  introduced  at  Patrae 
^  the  ttnie  of  Angostns)  is  described  by  Pau- 
^  (Til  18,  S  7).  On  the  approach  of  the 
Miril  the  Patraeans  placed  in  a  circle,  around 
^  altir  of  the  foddas,  large  pieces  of  green 


wood,  each  being  sixteen  yards  in  length ;  within 
the  altar  they  placed  dry  wood.  They  then 
formed  an  approach  to  the  altar  in  the  shape  of 
steps,  which  were  slightly  covered  with  earth. 
On  the  first  day  of  the  festival  a  most  magnifi- 
cent procession  went  to  the  temple  of  Artemis, 
and  at  the  end  of  it  there  followed  a  maiden 
who  had  to  perform  the  functions  of  priestess 
on  the  occasion,  and  who  rode  in  a  chariot 
dfawn  by  stags.  On  the  second  day  the  goddess 
was  honoured  with  numerous  sacrifices,  ofiered 
by  the  state  as  well  as  by  private  individuals. 
These  sacrifices  consisted  of  eatable  birds,  boars, 
(^S'>  S^^^i  sometimes  of  the  cubs  of  wolves 
and  bears,  and  sometimes  of  the  old  animals 
themselves.  All  these  animals  were  thrown 
upon  the  altar  alive  at  the  moment  when  the 
di'y  wood  was  set  on  fire.  Pausanias  says  that 
he  often  saw  a  bear,  or  some  other  of  the 
animals,  when  seized  by  the  flames,  leap  from 
the  altar  and  escape  across  the  barricade  of 
green  wood.  Those  persons  who  had  thrown 
them  upon  the  altar  caught  the  devoted  victims 
again,  and  threw  them  back  into  the  flames. 
The  Patraeans  did  not  remember  that  a  person 
had  ever  been  injured  by  any  of  the  animals  on 
this  occasion.  (Comp.  raus.  iv.  31,  §  6 ;  Schol. 
ad  Eurip.  Orest,  1087.)  [L  S.] 

LAPICIDI'NAE.  [Lautumiae.] 
LAPIS  MILLIA'EIUB.  [Miluabiuh.] 
LAPIS  SPEGULA'BIS.  [Domus,  p.  686  6.] 
LA'QUEAK.  mokus,  p.  686  a.] 
LAQUEATO'BlBS.  [Gladiatores.] 
LA'QUEUS,  properly  a  rope  with  a  noose 
in  it,  whereby  anything  might  be  pulled  or  led 
(according  to  Corssen's  reference  to  lacid),  used 
to  signify  the  punishment  of  death  by  hanging, 
called  iriumvirale  suppliciumy  Tac  Ann,  v.  9 
(vL  4).  Hence  *'  Fortunae  laqueum  mandare  " 
(Juv.  X.  52)  means  "  to  bid  Fortune  go  hang " 
(see  Mayor's  note).  This  mode  of  punishment 
was  never  performed  in  public,  but  only  in 
prison,  as  in  the  Tnllianum,  Hence,  we  find 
laqueua  joined  with  oaroer  (Tac.  Ann.  iii.  50), 
and  with  camifex  (v.  9,  xiv.  48).  See  also  the 
account  of  the  punishment  of  the  Catilinarian 
conspirators  (Sail.  CaU  55),  where  the  punish- 
ment is  inflicted  bv  *' vindices  rerum  capitalium." 
Mommsen  ideutines  (JBAn.  StaaUrechtj  ii.  595)' 
these  with  the  triumviri  or  tres  viri  capitales, 
and  thinks  that,  in  the  case  of  important  crimi- 
nals and  women,  these  officials  were  the  actual 
executioners,  for  which  theory  he  quotes  Sallust 
(/.  c),  VaL  Max.  v.  4,  7.  At  the  same  time  it 
is  possible,  and  in  the  nature  of  things  probable, 
that  these  high  officials  are  spoken  of  as 
strangling,  when  they  were  merely  present  to 
see  tbit  Uie  camifex  did  his  duty.  The  passage 
in  Tac.  Ann.  v.  9  (or  vi.  4)  at  any  rate  shows 
that  the  execution  of  women  was  sometimes  left 
to  the  carnifex,  if  not  always.  The  punish- 
ment was  not  uncommon  under  Tiberius  (Tac 
Ann.  11.  cc.,  vi.  39;  Suet.  Tib.  61);  but  in  the 
ordinary  course  of  law  the  milder  punishment 
of  exile  was  inflicted  for  crimes  which  in  old 
times  were  capitally  punished,  and  executions 
were  mainly  reserved  for  real  or  imaginary 
crimes  against  the  emperor.  (Cf.  Tac.  Ann. 
xiv.  48.)  [W.  S.]    [O.  E.M.] 

LABA'RIUM  was  a  place  set  apart  in  a 
Roman  house  for  the  worship  of  the  Lor 
familiarii  or  (later)  Larea,    (See  Marquardt, 


B  LABENTAUA 

Slaati.  iii.  123.)  Origiiuillr  thi«  (hrinr,  with 
tht  baagt  or  im^M,  wu  in  th«  Airiam,  m  tba 
pUca  wh<re  th<  hearth  itood  •nd  thr  familj 
,  MMmblnl  for  mcili;  but,  when  the  hearth  aid 
the  kitchen  were  moTcd  to  the  back  pnrt  of  thi 
houu,  the  lararia  were  placed  Blicwhere,  ■ome' 
times  in  the  kitchen,  sometime*  in  the  dining- 
room,  tometimii  Id  the  periatjle,  and  frequently 
at  the  entranca  of  the  home  (etpecially  in  the 
later  empire).     Etiq  in  the  5th  century  Jerome 

£1  EtaioBi,  c.  57)  apeaka  of  "  idola  poat  forei 
moram  quM  domeiticoa  appellant  larea,"  and 
of  the  "Tutetae  ■inmlMnni,''  to  which  tht 


ahriM*  wai  placed  a  lighted  candle  or  lamp,  and 
an  oH^ring  of  food  wai  made  at  the  tecundamenta 
iSnr.adAm.  i.  730;  Varro,  ap.  Non.  p.  5+4, 
1 !  Or.  Foft.  n.  633).  Heno  (when  the  Qenini 
of  ADgnitnt  bad,  after  Actinm,  been  aiiociated 
with  the  l^rei)  we  can  ciplalo  the  eipreuion 
"  alterii  te  meoiit  adhibet  deuro  "  (Hot.  Od.  iv. 
5,  31).  W*  lenm  from  Petronin*  (60)  that,  if 
thera  waa  no  larariuni  in  the  dining-room,  the 
itatDM  of  the  l^re*  were  tcmetiaiet  brooght  to 
lb«  table ;  bnt  more  tuuallf  a  •maiJ  table  for 
thii  oRering  wai  placed  before  the  lararinm, 
wherever  it  might  be,  with  a  ult-cellar  upon  It 
(iM  Amob.  ii.  87  ;  Pert  iii,  25 ;  Lir,  iivi.  38). 
and  thie  i*  probably  the  ipeciat  ilgniiicance  of 
the  paltmim  u/i'man  (Hor.  Od.  IL  16,  U).  It 
wu  an  old  Roman  cottom  for  the  muter  of  the 
fapuH  with  bis  houaehold  also  in  the  morning 
to  make  an  o&eriag  with  prayers  to  the  I^r 
familiaris.  Henca  we  find  that  the  emperor 
Ud  a  larariDm  in  bii  bed-chamber  (Suet.  Aug. 
7,  Domit.  17).  Hera  alio  Alexander  Senrua  ia 
said  to  have  placed  with  the  l^rei  images  not 
onlr  of  Orphsoj  and  Alexander  the  Great,  bnt 
of  Cfaiist  (Lamprid.  Al.  Sn.  29  ;  Gibbon,  iL  529). 
On  tha  occaaion  oCfinae  pnvatat  on  the  Kalendi, 
ttoBBB  and  Idea,  at  tha  Satanialia  (Hart.  liv. 
70),  the  birthday  of  the  master  of  the  hoose 
(Tibull.  i.  7;  Hor.  It.  II,  Ik.),  the  Lares  were 
crowned  and  spedal  oSerinp  were  made  to 
them,  and  in  the  latarium  also  wai  hung  Dp  the 
bvila  of  tha  son  who  aainmed  the  toga  firilii. 
(for  farther  particolara  regarding  the  wonhip 
of  the  Lares,  see  Marquardt,  (.  c  ;  Preller,  JOIm. 
Myt\.  p.  i97,  and  Diet.  MM.  i.  v.)  [G.  >1  U.I 

LABENTA'LlA,»>m.time>  written  Lareh- 
n>UJA  (Macrob.  L  10;  Lactnnt.  In*t.  i.  20), 
waa  a  Ramaq  feaUrat  In  honoar  of  Acca  I^rentia, 
the  wife  of  Fsnstotua  and  the  nnrae  of  Romulne 
and  Remai.  It  was  celebrated  on  Decambei  S3 
(Feat.  s.  ■>. ;  Hicrob.  I.  c. ;  Orid.  Fait.  Iii.  57). 
The  sacrifice  in  thii  (eitival  waa  performed  by 
tha  Flamen  Qnitiaalia,  as  the  representative  of 
Romnloa  (Gell.  Tii.  7,  7),  in  the  Velabrum, 
wbtr*  the  Via  Nova  enteral  it,  not  Cir  from  the 
Porta  Romanola  (Bum's  Some,  278  ;  see  Varro, 
£.  X.  T.  g  IIU).  At  this  place  Acca  waa  said 
to  have  been  bnritd.  (See  also  Preller,  RSm. 
Mytk,  p.  422;  Uarqnardt,  ^aatntriaiUvnti, 
m.  335.)  [W.  S.]    [G.  E.  M.] 

I.ARE8.  See  Diet,  of  Or.  and  Bom.  iSio- 
gnahy  and  tilytholom. 

LABGITIO.     [AMBinjB;  Pkuxektamag 


Lbsm.1 
LABNAX    itac\%  FtmOT.] 
LATER,   dim.   LATB'BCULUS   (jKi>9at, 


LATSB 

ployed  brick  fbr  building  to  a  Kteat  extent, 
Bipeciatly  the  Babylouiaui  (Herod.  179;  Xeo. 
AwA.  iii.  4,  {§  7,  II;  Mahum  iii.  14]  and 
Egyptians,  In  the  latter  country  a  painting  on 
the  walli  of  ■  tomb  at  Thebea  (Wilkiiuoo't 
JfawMrs  and  Cudomi,  Tol.  ii.  p.  99)  eibibiu 
■laves,  in  one  part  employed  in  procuring  vsttr. 
in  mixing,  tempering,  and  carrying  the  cUj-,  or 
in  turning  the  bricka  out  of  th*  mould  [FohimI 
and  arranging  them  In  order  on  tha  grouod  to 
be  dried  by  the  auo,  and  in  anothar  part  carry- 
ing the  dried  bricks  by  meaai  of  tae  yoke 
[AuM.l1.  In  the  annexed  woodcut  we  lee  a 
D»n  with  thrss  bricks  sospended  from  each  end 
of  the  yoke,  und  beside  him  another  who  retonu 
from  haTing  deposited  his  load- 


Egyptian  Mck-mak«ra   (Froa  Tbttio.) 


Thee*  fignraa  are  selected  tmm   the  abore- 

mentioned  painting,  being  in  fact  original  per- 
traiU  of  two  AtyArriw  rluretpipai,  girt  with 
linen  round  the  loina  in  exact  accordance  «ith  ' 
the  description  gina  of  them  by  Aristophanci, 
who  at  the  name  time  alludes  to  all  the  open- 
tions  in  the  process  of  brick-making  (cXirfr 
inNb,  Schol.  M  Pind.  01.  r.  20),  which  an 
exhibited  in  the  Theban  painting,  (^ms,  113!- 
1152;  SchoL  ad  A)C.) 

The  clay  waa  carried  in  sborels  (1^)  mi 
placed  in  troughs  (\iir(lm),  to  be  maniputstsi) 
there  and  moiitcned  with  water  (for  which  the 
word  ifyiim  is  used). 

It  is  necessary  to  diatinguish  the  san-diiel 
bricki,  which  were  used  in  tha  earliest  times, 
from  thebaked  bricka.  The  word  lal«rls  strictly 
a  Bun-dried  or  unbnmt  brick,  whereas  tola  is 
kiln-baked  brick  ;  so  the  word  lattriliii$  means, 
made  of  crude  or  sun-dried  bricks,  talaceu 
made  of  burnt  bricks,  and  wbererer  uo  quali- 
fying word  is  used  thu  distinction  will  uinilly 
be  observed,  but  the  farmer  are  also  termed 
(offl-n  cradi,  the  latter  latent  eocti  or  eactilet> 
and  similarly  vAfrfci  cbfiol  and  vAlvfloi  taraf; 
vKirtoi  being  strictly  a  snn-drled  rectangnlsf 
brick  (whence  the  word  is  used  for  shape  inde- 
pendently of  material).  Babylonian  brickwork 
ii  partly  of  snn-dried  bricks  with  a  thin  layer 
of  reeds  between  each  conrae ;  but  it  app^ 
from  the  remaini  that  the  walls  were  orlginallT 
faced  with  burnt  bricks.  Theae  bricki  are  found 
bearing  the  nam*  of  Nebucbadneiiar.  (Lajard, 
p.  406 ;  Rawlinson  on  Herod.  Book  iii,,  Appe"' 
^''■)  Egyptian  bricks  were  generally  sun-dried, 
and  many  of  the  burnt  bricks  found  in  Egypt 
are  Roman.  The  dry  climate  probably  rniM 
than    laat  betlar  than  ia  danpar   eonntritfc 


XATEB 

Fsully  tlM  proportion  of  length  to  width  is 

3  to  ] ;  of  lefigth  to  thickoMS,  3  to  1.     In  length 

ther  uiy  from  about  1  foot  to  17  inches.    (See 

But^  Amdmi   Pottery^  vol  i.)    The  Greeks 

Bxd  oalj  emde  or  son-dried  bricks  down  to 

th*  tira«  of  the  Roman  conquest,  or  at  anj  rate 

till  i/Ur  Alexander  (Birch,  i.   158).     As  an 

iosunce  maj  be  mentioned  the  temple  of  Demeter 

at  Lepreon    (Pausan.    t.  5,    §   6).     Pansanias 

(n.  18,  §  150)  speaks  of  baked  bricks  in  a  temple 

St  Argos,  bat   that   is  conjectured  to  be    of 

If acedooiatt  or  Roman  date.    Marqnardt  {Private 

Ie6«a,  636)  cites   the  Philippenm  at  Olympia 

(Psosan.  T.  20,   §  10)  as  the   earliest 'dated 

baiMing  in  Greece  of  baked  brick  (B.a  337) : 

bst  Blomner  denies  this  npon  the  eridence  of 

th«  recent  German  ezcarators  at  Olympia,  who 

infonned  him  that   in  all  the  remains  of  the 

Philippenm  there  was  no  trace  of  baked  brick 

(Blunoer,  Ttdimotogie^  ii.  16).     Walls  of  Greek 

cities  were  generally  of  stone,  but  instances  of 

sun-dried  brick  walls  can  be  found  in  Pausanias, 

riii.  8,  §  7  (of  Haatinea),  and  the  birds  in  Aristo- 

phaaes  built  their  wall  of  this  material  (Arist. 

Jco,  1136).    Their   partial  use   for  dwelling- 

koases,  especially  of  the  poorer  classes,  is  men- 

tkmed  in  Xenophon,  Mem.  iiL  1,  7. 

Roman  bricks  were  crude  till  the  end  of  the 

Hepabhc  (Yarro»  ap,  Non.  s.  r.   wftmdcttwn ; 

Cic  de  Dw,  ii.  47,  99) :  the  use  of  baked  brick 

proUbly  became   more  common  as  houses  of 

Biore  stories  were   built,  but  they  were  only 

B«<d  for  &cing.    VitniTius  (ii.  3)  seems  to  speak 

solely  of  loteres  emdi,  for  he  does  not  mention 

the  trisngular  bricks  found  in  existing  walls  at 

sIL    Ike  earliest  baked  bricks   are  found  in 

the  Rostra  (B.C.  44),  and  eren  in  the  time  of 

Ao^ostas  crude  bricks  only  were  used,  of  which 

ficne  remain.    The  baked  Roman  bricks  are  of 

TarioBs  colours — red,  yellow,  more  rarely  brown, 

Mne  of  red  poszolana  mixed  with  clay,  as  in 

the  Flarian  paUux  on  the  Palatine  (Middleton's 

^^Mv).    Their  thickness  raries  *  from  1  in.  to 

1}  in.    The  commonest  sixe  is  15  inches  long 

Aod  14  wide.    Those  in  the  **  palace  of  Constan- 

tiee**  St  Treves  are  15  inches  square  and  1} 

^ick.    ^truriufl  (who,  as  mentioned   aboTe, 

<*«^  to  be  treating  only  of  crude  bricks)  states 

that  ipriog  was  the  best  time  for  brick-making, 

fcr  those  made   in  summer  were  apt  to  dry 

noeqnally  and  crack,  and  they  should  be  kept 

tvo^esrt  before  being  used.    He  speaks  of  three 

■^>c< :  the  Lydian,  ]|  (Roman)  feet  long  and  a 

fwt  broad ;  the  pentadoron,  fire  ftalms  square ; 

JJ^  the  tetradoron,  four  palms  (Vitrur.  ii.  3). 

"«J  (fll  jr.  xxxT.  §  49)  mentions  some  which 

«cTe  10  porous  and  light  that  they  Boated  in 

^^'    BlOmner  sUtes  that  the  same  kind  of 

^h  wsi  made  at  Nuremberg  in  the  14th  and 

l^h  eentaries  and  was  called  Schteammstem.  As 

f^g^Hs  the  baked  Roman  bricks,  we  find  them 

f^N  at  Rome  in  the  2nd  century  a.d.  :  but 

bother  parU  of  Itoly  the  stamped  bricks  are 

fwnd  earlier.    These  sUmps  have  a  figure  of 

^^  pMi  or  animal,  as  a  trade-mark,  encircled 

*!  the  name  of  the  brick-maker,  sometimes  of 

"^  coBtnl  also,  and,  in  the  case  of  bricks  made 

V  Midten,  of  the  legion  to  which  they  belong. 

^  the  Romtn  armies  brought    their    brick- 

***^g  «rt  with  them  wherever  they  went,  we 

^B  trace  in  tome  instances  the  movements  of  a 

^T  the  brick-ttampt.    For  the  methods 


LATINITA8 


9 


of  building  with  bricks,  see  MuRUS  and  Pabies  ; 
and  for  further  information  about  their  manu- 
facture and  history,  see  Birch,  Ancient  Pottery ; 
Bliimner,  Tecfmologie,  ii.  16.  [J.  Y.]  [G.  £.  M.'j 
LATI'NITAS,   LA'TIUM,  JUS   LATII 
(rh  Ka\oifi€Pop  Adrwr,  Strabo,  iv.  p.  187 ;  Aewiov 
ZlKoiotf,  Appian,  Bell.  Civ.  ii.  26).    To  under- 
stand the  meaning  of  these  terms  at  various 
periods  of  Roman  history,  it  is  necessary  to  go 
t>ack  to  the  conquest  of  Alba  Longa  by  Rome, 
which  then  entered  into  an  aequumfoedus  with 
the  Latini,  or  peoples  of  Latium,  who  at  that 
time  were  leagued  together  in  a  federation  of 
thirty  towns  (Dionys.  r.  61).    The  attempt  of  ^ 
Rome  to  assert  a  sort  of  suxerainty  over  the 
Latin  league  led  to  a  war  (Dionys.  v.  34),  which 
resulted  in  the  Latins,  though  nominally  re- 
maining tocU  of  Rome,  being  practically  reduced 
to  dependence  on  her  (Dionys.  iii.  54;   Liv.  i^^ 
35-38).     However,  they  seixed  the  opportunity 
of  Rome's  struggle  with  Porsena  to  repudiate 
the  yoke :  she  surrendered  the  claim  to  exercise 
a  protectorate,  and  in  498  B.C.  a  new  alliance 
was  concluded  on  terms  of  absolute  equality 
(/o'oiroXiTc^a,  Dionys.  viii.  70),  the  members  of 
the  league  and  Rome  enjoying  reciprocal  rights 
of  oonubium  (Uv.  i.  49;    Dionys.  vi.  IX  oom- 
merctHm  (Liv.  xli.  8),    and  of  settling  on  one 
another's  territory  with  at  any  rate  some  public 
rights :  we  read  of  Latins  voting  in  the  comitia 
tribuU  in  Dionys.  viii.  72 ;   Uv.  xxiii.  3,  16 ; 
Appian,  Bell.  de.  i.  23,  &o.    In  486  B.O.  the 
Hernici  were  admitted    to    the    confederation, 
which  endured  between  the  three  peoples  snb-^ 
stantially  for  140  years.     In  340  B.a  occurred 
the  Latin  war,  which  terminated  in  the  dissolu- 
tion of  the  league :  the  interchange  of  oommer' 
CMim  and  convbium  between  its  members  ceased 
(Uv.  viii.   14 ;   ix.  43,  2,  4),  and  each  of  the 
towns  which  had  belonged  to  it  was  brought 
into  a  direct  relation  of  dependence  with  Rome, 
though  there  was  great  variety  in  the  privileges 
which  they  enjoyed  with  respect  to  her,  some 
apparently  retaining  convbium,  commerciwn,  and 
the  right  of  acquiring  ctoitcis  by  settlement. 
From  this  time  onward  the  Italian  civitates  or 
communities  are  roughly  divisible  into  those 
which  possess  the  Roman  civitaa  in  whole  or  part 
(municipia  and  cohmae  Bomanae;  see  Colonia), 
and  those  which  retain  their  independence  by 
treaty,  their  only  obligation  towards  Rome  as  a 
rule  being  the  furnishing  of  a  contingent  of 
troops  to  the  Roman  army  (civitates  foederataa 
and  cdoniae  Latmae).     It  has  been  pointed  out 
under  the  head  of  Colonia  that  joint  colonies 
had  been  founded  by  the  Romans  and  the  Latin 
league  both  before  and  after  the  accession  of  the 
Hernici ;  these  colonists  being  in  all  cases  called 
Latini.      Colonies  whi6h  were  founded  after  the 
destruction  of  the  league  (340  B.c.)  under  the 
name  Latif\ae  were  established  solely  by  Rome, 
and   lay  outside  the  limits  of  Latium.      The 
colonists  were  in  the  main  Latins,  or  members  of 
other  kindred  or  allied  communities :  but  among 
them  there  were  often  some  of  the  poorer  Roman 
citixens,  who  were  tempted  to  surrender  their 
Roman  ctt^os,  thus  suffering  capitU  deminutiO' 
media  (Gains,  iii.  56 ;  Cic.  pro  Caec.  33,  98 ;  pro 
Jkmo,  30,  78X  by  the  offer  of  an  assignment  of 
land.    These  later  Latin  colonies  at  first  pos- 
sessed the  same  rights  with  those  which  had 
been  jointly  founded  by  Rome  and  the  league : 


10 


LATINITAS 


LATIKITAB 


they  were  in  a  large  measure  independent  of 
Rome,  not  being  bound  to  adopt  the  Roman  law 
unless  they  became  fundus  (Gell.  xvi.  13 ;  Oic 
pro  Balb.  8,  21),  having  their  own  coinage,  and 
their  citizens  being,  in  relation  to  Rome, 
peregrmi  (Gains,  i.  79  ;  Liv.  xliii.  13),  though 
obliged  to  sexre  in  the  Roman  army.  As  pos- 
sessing the  rights  of  oonubium  and  commerchtm^ 
and  of  acquiring  at  least  a  limited  civit€L$  by 
settling  at  Rome,  they  were  descubed,  along 
with  such  old  Latin  colonies  and  towns  of  the 
league  as  had  retained  their  ancient  privileges, 
as  aocii  Latini  nominis,  soct't  of  a  privileged  order. 
But  these  privileges  were  at  last  curtailed. 
After  the  colonisation  of  Ariminum  (268  B.C.) 
there  is  observable  a  strong  tendency  to  confine 
the  rights  of  new  coloniae  Latinae  strictly  to 
oommerdum,  I^ter  writers  speak  of  Latini 
cohniarii  having  oommerdum  (Dip.  JHeg,  19,  4), 
but  not  conubium  {ib.  5,  4).  Similarly  their 
general  right  of  settling  at  Rome,  and  thereby 
becoming  cives  if  they  left  a  son  behind  in  the 
colony  (Liv.  zH.  8,  9),  was  taken  away  from 
them.  The  Roman  dislike  of  its  exercise  is  at- 
tested by  the  expulsion  of  Latins  from  Rome  in 
D.C.  187  and  177  (Liv.  xxxix.  3 ;  xli.  9,  9),  and 
eventually  Latmi  cohniarii  were  able  to  rise  to 
the  Roman  dvitas  only  in  two  ways :  by  dis- 
charging one  of  the  higher  magistracies 
^Aonores)  in  their  own  colony  (App.  Bdl.  Civ.  ii. 
26 ;  Strabo,  iv.  1,  12),  and  by  bringing  ja  suc- 
cessful prosecution  under  the  Lex  Acilia  repc« 
tundarum,  passed  B.C.  123  (C.  /.  Z.  i.  198,  U.  76, 
78).  The  phrase  '*  per  Latium  venire  in  civita- 
tern**  (Plin.  Paneg.  37;  Gains,  L  95)  denotes 
in  particular  the  first  of  these.  Under  the  em- 
perors, attainment  of  an  honor  in  some  towns 
with  Latin  rights  made  only  the  individual  him- 
self dvist  in  others  the  privilege  was  shared 
with  him  by  his  parents,  wife  and  family,  and 
this  seems  to  be  the  clue  to  the  meaning  of 
minus  Latium,  majtu  Latium  in  Gains,  i.  95, 
and  the  Lex  mnnicip.  Salpens.  c.  21. 

Thus  before  the  Social  War  there  were  only 
two  classes  of  persons,  dves  and  peregrini,  the 
Latins  being  included  under  the  latter  denomi- 
nation, along  with  the  socU  and  the  provincial 
subjects  of  Rome.  The  leges  Julia  and  Plautia 
Papiria,  passed  at  the  end  of  that  war  [Ciyitas], 
extended  Roman  citizenship  all  over  Italy,  so 
that  Latinitas  in  the  old  sense  disappeared.  But 
the  rights  which  it  connoted — oommgrdum  with- 
out conubium  or  the  public  rights  of  citizenship 
— ^had  become  a  distinct  political  conception: 
and  the  term  was  retaineil  to  denote  a  status 
which  the  Romans  conferred  on  towns  and 
countries  outside  Italy  by  way  of  favour.  The 
first  step  in  this  direction  was  made  by  a  Lex 
Pompeia,  D.C.  89,  which  conferred  this  Latinitas 
on  the  Transpadane  Gauls  (Ascon.  in  Pis.  p.  3), 
and  expressly  provided  that  the  attainment  of 
a  honor  should  be  a  title  to  the  dmias.  Cicero 
says  the  same  status  was  bestowed  on  the  Sici- 
lians after  Caesar's  death  (ad  Att.  xiv.  12): 
Hadrian  granted  it  to  a  large  number  of  cities 
(Spart.  Nad.  21),  and  Vespasian  to  the  whole  of 
Spain  (Plin.  ff,  N.  liL  4)  and  to  some  of  the 
Alpine  tribes  (ib,  iii.  20) ;  and  Richard  of  Ciren- 
cester, in  his  work  de  sUu  BriUmniaet  speaks  of 
ten  cities  in  Britain  which  wore  '*  I^tio  jure 
donatae."  The  number  of  communities  possessed 
of  the  same  rights  was  increased  by  the  estab- 


lishment of  Latin  colonies  in  the  provinces  after 
the  Social  War :  thus  (e.g.)  Comum  was  made 
a  colonia  Latina  by  Caesar  (B.a  59)  under  the 
name  of  Novum  Comum  (Appian,  BeU.  Civ.  ii. 
26),  and  several  towns  of  this  class,  especially-  in 
Spain,  are  mentioned  by  Pliny:  see  CouasiiA. 
The  Latini  coioniarii  mentioned  by  Ulpian  are 
thus  apparently  the  inhabitants  either  of  cohniat 
Latinae  in  the  provinces,  or  of  towns  or  districts 
on  which  the  jus  Lata  had  been  conferred  by  a 
lex  or  imperial  favour,'  both  of  which  seem  to  be 
included  under  the  *'oppida  Latinorum  veterum  ** 
which  Pliny  (iiL  §  18)  mentions  along  with  the 
'^oppida  civium  Romanorum,"  military  colonies 
of  Roman  citizens. 

A  new  class  of  Latins  originated  with  the  Lex 
Junia  Norbana,  the  date  of  which  is  approxi- 
mately 19  A.D.     Prior  to  that  statute,  slaves 
manumitted  otherwise  than  by  dndicta,  oenaus^ 
or   testamantum    [MANUUiasio],    even    though 
fully   owned   ^  ex  jure    Quiritium "  by   their 
masters,  had  not  become  free  in  the  eye  of  the 
law ;  but  they  were  said  **  in  libertate  esse,** 
being  protected  by  the  praetor  so  long  as  they 
lived  against  any  attempt  on  the  part  of  the 
master  to  exercise  the  rights  of  ownership  over 
them   (^olim   ex    jure    Quiritium    servi,    sed 
auxilio    praetoris    in    libertatis  forma    servari 
soliti,"  Gains,  iii.  56).    The    number  of  such 
semi-free  persona  was  increased  by  the  Lex  Aelia 
Sentia,    A.D.  4,  which    further    curtailed    the 
power  of  making  slaves  does  by  manumission 
(Gains,  i.  18,  38^    A  legal  status,  however,  was 
given  them  by  the  Lex  Junia  Norbana,  which 
provided  that,  like  Latini  coioniarii,  they  should 
have  the  oommerdum  without  the  conubium  or 
the  public  rights  of  ddtas:  hence  they   were 
called  Latini  Juniani    (Gains,   L  22,   iii.  56). 
Even  the  ordinary  rights  of  oommerdum,  how- 
ever, were  curtailed  largely  in  their  case  bj  the 
statutes  depriving  them  of  the  power  of  making 
a  will,  of  benefiting  under  the  will  of  another 
person,  and  of   competence    to    be    appointed 
guardian  under  a  testament  (Gains,  L  22,  24 ; 
IJlp.  Seg.  SO,  8) :  consequently  as  they  must  die 
intestate,  and  could  have  neither  sui  heredea  nor 
agnates,  their  property  went  inevitably  on  their 
decease  to  the  patron  ''jure  quodammodo  pecnlii  ** 
(Gaius,  iii.  56 ;  InsU  iii.  7,  4).    The  children  of 
a   Latinus    Junianus    inherited    their    father's 
status.     But  there  was  a  large  number  of  wavs 
in  which  a  Latinus  Junianus  could  rise  to  tde 
dvitas  either  alone,  or  along  with  his  wife  and 
children :  these,  which  are  enumerated  by  Gaius, 
i.  28  sq.,  and  more  fully  by  Ulpian,  Reg.  3,  com- 
prise remanumission   in  one  of  the  statutory 
modes,  serving  a  certain   time  in  the  Roman 
guards,  imperial  grant,  jus  liberorum,  &c     (See 
Mr.  Poste's  Oaius,  note  on  L  35.) 

The  status  of  Latinitas  disappeared  momen- 
tarily when  Caracalla  bestowed  Roman  citizen- 
ship on  all  the  free  subjects  of  the  Empire 
[Civitab],  but  the  operation  of  the  Lex  Junia 
must  have  at  once  re-created  it.  Justinian  says 
(Inst.  i.  %,  3)  that  in  his  time  Latins  were  not 
often  met  with,  and  by  Cod.  vii.  7  he  abolished 
the  status  of  Latinitas  altogether. 

(Marquardt,  ROmische  StaatsveruxStung,  \. 
pp.  23-57;  Savigny,  UAer  die  Entstehung  und 
fortbUdung  der  Latinitat,  vermischte  Schriften,  i. 
pp.  14-18;  Der  rdmische  Volkschluss  der  Tafd 
von  Heradea,  ib.  iiL  pp.  293-304;  Madvig,  dc. 


LATBINA 

Jve  Cbhniar^  opusc.  aoadL^  pp.  271-284; 
Rsdorit  Bamtcke  £echt$geschichte,  |  11 ;  Van- 
gvn^v,  loam  Jwutmij  Marbarg,  1833 ;  PuchU, 
iM^Mimem,  {{  62,  6^)  [J.  B.  M.l 

LATfil'NA,    Greek    [DOMUS,    p.    664  a]; 
ItBM  ri>(HfUS»  p.  672  a\ 

UTBOCrNIUM,  LATBO'NES.    Aimed 
persoos  vbo  robbed  others  abroad  on  the  public 
n^3  or  elaevhere  were  called  laironea,  and  their 
(line  iafrocmiinw.     Harder  was  not  an  esuential 
part  of  the  crime,  though  it  was  a  frequent  ac- 
loapaniiBent  (Sen.  de  Beik.  ▼.  14 ;  Dig.  49,  15, 
24;  50, 16, 118).     Under  the  Republic  latrones 
Were  •ppiehendcd   by  the  public  magistrates, 
>o:h  as  consuls  and  praetors,  and  forthwith  eie- 
iat«d  (Lit.  zziix.  29,  41).    By  the  Lex  Cornelia 
•if  S'cariis  of  the  dictator  Sulla,  they    were 
t]ustd  with  Stoarii  and  punished  with  death, 
acl  tliis  law  continued  in  force  in  the  imperial 
um«s  (Dig.  48,  19, 28 ;  Sen.  de  Gem.  ii.  1,  Epist. 
7 :  Pdron.  91) ;  from  the  2nd  century  onwards 
the  pnefeetof  urbi  had  summary  jurisdiction  in 
inch  crimes  in  the  city  and  for  a  circuit  of  100 
Bcmao  miles  about  it  (see  Marqnardt,  Staatster' 
'MitMng^  L  225 ;  Mommsen,  Slaatsrecht,  iL  1067). 
The  ^ranotorvs  were  another  kind  of  robbers, 
%ho  robbed  people  in  the  streets  and  roads,  and 
beadesrobbmg  murdered  and  kidnapped  (Suet. 
Avg.  32;  TOl  8;  cf.  Jut.  iiL  305,  x.  22,  ziu. 
145;  Friedlaadar,  ii.  29).    The  name  graasator 
seems  strictly  to  belong  to  the  unarmed  footpad : 
if  they  oscd  arms,  they  were  punished,  like  the 
lairoia^  eapitally,  or  in  le«  flagrant  cases  they 
vere  eoodenned  to  the  mines  or  exiled.    (Cic. 
de  Fato,  15 ;   Dig.  48,  19,  28 :  see  also  Rein, 
Crintnahecki,  p.  424.)         [W.  S.]    [G.  £.  M.] 
LATBU'NCUU  (ynvaol,  ^^i,  calculi),  a 
pu»  of  skill  resembling  draughts,  played  in 
s  Tsriety  of  ways  by  ho5k  (Sreeks  and  Romans. 
Tbe  ijiTention  of  it  was  commonly  ascribed  to 
PkUmedes,  who,  according  to  some,  was  sJso  the 
mrentor  of  dice  (Soph.  /r.  380,  381,  Dind.; 
EaripL  Tpk,  A.  196,  ws^^wf  ^/lipovs  fiop^ffi 
svAivAsMis,  the  '^ combinations*'  of  the  game: 
a  carious  but  perhaps   interpolated  passage). 
Homer    repftsenta    the    suitors    of   Penelope 
unuiBg  thcmselTes  with  it  (Od.  L  107>    Plato 
•Mfpis  both  wffTTcfaand  irv/9ff(awith  other  more 
veivl  arts  to  Tbeuth,  the  Egyptian  Hermes 
IPhudr.  p.  274  D);  and  it  is  at  least  certain 
t^  such  games  were  known  to  the  Egyptians. 
Besides  nnmerons   paintings   representing  the 
guoe,  draaght-men  bare  beien  discovered  in  the 
tcaU.    Among  the  recent  acquisitions  of  the 
British  Mosenm  are  some  beautiful  specimens ; 
*  wt,  sppaiently  of  cue  type,  carred  as  lions' 
^fitis;  others  in   glass  (a  faTourite  material 
vith  the  Romans;  see  below)  of  two  sizes,  as 
i^  for  s  game  in  which  there  were  both  **  officers  " 
ffld-Bien.'^ 

The  saaexed  ent,  from  a  papyrus  in  the 
Bfitiik  Huseum,  represents  a  game  of  draughts 
Utveen  a  lion  and  an  antelope ;  each  plays  with 
^Te  men,  distinguished,  not  by  colour,  but  by 
t^  ihaps :  the  lion  has  won,  and  holds  in  his 
^ft  -psw  a  parse  containing  the  stakes.  In 
^nght's  HkL  of  Cariettiure  (1865,  p.  8),  the 
^uithed  snimal  is  described  as  <'a  unicorn" ; 
it  Beekcr^I],  ChaHkles  (ii.  p.  373),  as  a 
*>*>*(!>  It  is  dearly  meant  for  an  antelope, 
^Mgb  Oily  one  horn  is  seen,  owing  to  the 


LATEUNCULI 


11 


Among  the  Greeks    two    kinds  of  werrcfa 
at    least   are    clearly  distinguishable,  though 


Egyptisn  Drsoghts.    (From  a  papyms  in  the 
British  Hnaenm.) 

there  were  probably  others.  We  may  notice, 
in  passing,  the  explanation  of  the  Homeric 
ireo'o'ol  as  quoted  from  Apion  by  Athenaeus 
(i.  p.  16  f,  17  a).  According  to  a  tradition 
which  Apion  heard  from  a  natire  of  Ithaca, 
this  was  a  game  not  of  mental  but  of  bodily 
dexterity,  a  sort  of  bowls  or  nine-pins  in  which 
a  mark  was  aimed  at.  Too  much  has  been 
made  of  this  passage  by  Becq  de  Fonquiferes 
(pp.  405-407);  Homer  says  simply  mirffol,  and 
all  the  rest  is  fancy  (cf.  Becker-GoU,  Charikleif 
ii.  372).  Of  the  two  modes  of  play  of  which 
we  have  distinct  accounts,  the  simpler  and 
doubtless  the  older  was  the  game  of  the  five 
lines,  wtfrrc  ypofifud,  thus  described  by  Pollux 
(ix.  97):  #v«i8^  5^  r^^t  fUv  tlvtv  ol  vtrrol^ 
irirrt  Z*  ktc^toot  r&y  Tm(6vrttp  €tx^y  M  irirrt 
ypofifMVy  tUtirmt  ^tftrtTOL  2o^acXc<  ical  wc<r<r^ 
it%vr4rfpaiiiM  ical  jc^/Bwr  fioKoi*  rmv  hk  w4vrt  rmp 
ktcarifmBw  ypofifiAtf  f^^inv  Tit  ^r  up^L  ypofifA^i' 
ical  6  rhp  ^ic«<9«y  ictrAr  Itniu  vapoifiUar  idrti  rhp 
A^'  Upas.  The  natural  inference  is  that  in  this 
game  the  pieces  moved  along  the  lines,  not  the 
spaces  between  them;  though  a  board  of  36 
squares,  we,  divided  by  five  lines  each  way,  has 
been  suggested  (L.  and  S.  s.  e.  T€ir<ro().  Eusta- 
thius  (on  77.  ri.  p.  633,  58)  throws  some  further 
light  on  the  proverbial  expression  iriyfiy  rht^ 
A^'  Icpof,  **  to  try  one's  last  chance : "  it  is  well 
known  through  allusions  in  literature  (Alcae. 
/r.  77  Bergk ;  Theocr.  vi.  18 ;  and  elsewhere) ; 
but  why  it  was  dangerous  to  move  this  piece^ 
when  it  became  necessary  to  move  it,  or  what 
was  the  effect  upon  the  game,  it  is  impossible  to 
say.  The  Greek  idiom  of  course  implies  that 
the  hpii  ypofifA^  was  the  original  station  of  this 
piece ;  a  sufficient  answer  to  the  notion  of  Becq 
de  Fouquiires  (p.  402)  that  it  was  a  part  of  tho 
board  which  it  was  dangerous  to  approach,  and 
from  which  a  player  hsd  to  remove  his  man  if 
possible.  It  is  a  matter  of  probable  conjecture, 
but  not  expressly  stated,  that  in  this  game,  as 
in  the  other  form  of  wcrrc^o,  the  object  was  to 
hem  in  the  enemy's  men,  or  to  place  one  of  them 
between  two  adversaries,  in  which  case  it  was 
taken  off  the  board ;  and  that  the  game  was  won, 
as  in  modem  draughts,  either  by  the  capture  of 
all  the  opposing  forces  or  by  their  inability  to 
move. 

The  accounts  of  the  other  kind  of  wcrrsfa  are 
a  little  more  explicit:  it  was  called  v^Xit  or 


12 


LATRUNCULI 


rather  v^Xctf,  another  name  fur  the  x^P^ 
or  squares.  The  leading  passage  U  Foil  ax, 
ix.  98 :  4  '^  '(^  voXAdy  ^^^^v  ittuBth  wKtrBlw 
iarl  X"^^  ^^  ypofifuut  %x^^  ZiatmiUwas'  irol  rh 
pAv    itXufBiw    KoXurai   x6\is,  rAif  Z\  ^^^4i^mp 

Kara  r^s  XP^t  4  f^X^  ^^*  TfluBmf  itrri 
vcpiA^ft  5^  ^^w  6fwxp6mr  ri/tf  kr^p6xpovw 
AycActf.  We  nave  here  distinct  mention  of 
squares  instead  of  lines,  of  the  different  colonn 
of  the  men  (here  called  kvv^s  and  not  v^vvoiy, 
of  the  rale  that  a  man  caught  between  two 
adversaries  was  lost.  In  the  words  ical  rh  fi^r 
vXitfBioif  fcoXciTOi  w6\af  there  seems  to  be  a 
confusion  between  the  board  (w\tw$lo¥)  and  the 
squares  (x«fMu)  into  which  it  was  divided; 
other  passages,  however,  clear  up  this  difficulty. 
Zenob.  Cent.  v.  67:  WXcii  waiCtuf  lUiunfrai 
roAryis  KparTpos  ir  Apair^rlfft'  [fr,  51  M.  ap. 
Poll.  /.  c]  if  9^  v6Kis  cIBos  itrrX  vaiBtas  wt rrcv- 
Tiir^r,  KM  ioKtt  iitrtwrivix^iai  Mt  tmv  raSs 
4^^tf  wai(6rr»Pf  rmt  KtyoiUvais  vvw  ii\w 
Xfivotf,  T^c  tk  w6\9<riw.  Plat.  Hep,  iv.  422  £: 
IjcotfYif  7&f»  dfrdr  x6\§is  cM  wcIftwoXAai,  iAA' 
ou  w^Ais,  r^  rdr  waiC<^vr«r :  with  the  Scholia. 
These  passages  show  that  the  game  was  really 
called  w6K9ts  valftun  and  Beoq  de  Fouqui^res 
is  not  happy  in  his  conjecture  that  the  w^Ais 
was  a  particular  part  of  the  board.  Compare 
Plat.  Hep,  vi.  487  B,  ^&  tAt  wfrre^ur  Uamw 
o2  fi)l  reAcvrwrrct  AvojcAc^orrcu  Ktd  oOk  Hx"^^'^*^ 
S  ri  ^pttatVf  where  "  hemming  in  "  the  enemy 
Is  of  the  essence  of  the  game  and  ^4^w  is  a 
technical  word  for  ^to  move,"  another  being 
04^$at,  Polyb.  i.  84,  iroAAoirf  A,'KW9fUf6/uvos 
ical  ov)ficAc(«K  KtfWffp  ttTo^s  wfrrcvr^f.  The 
giving  of  odds  {Kpuinrov)  is  alluded  to  (Eurip. 
Suppl,  409);  and  taking  back  a  move  (iyotftf- 
^w,  [Plat.]  Hipparch,  229  £).  The  number  of 
4*9^1  in  the  developed  form  of  this  game  seems 
to  have  been  thirty  on  each  side :  this  rests  on 
Phot.  Lex,  p.  439,  1 :  w6kus  wal(9i9  ria  pvv 
X^P^s  [x<^pttt  is  an  obvious  correction]  jcoXoih 
/idpas  4p  Tcuf  Cf  where  Person  corrects  (.  In 
Pollux  (vii.  206),  EusUthius  (od  //.  vi.  169^ 
and  Hesychius  (s.  v.  htaypafifU9fi6s%  perhaps  by 
a  confusion,  sixty  men  are  also  assigned  to  games 
with  dice.  The  Greeks  used  simple  materials: 
the  Mvol  were  merely  round  or  oval  stones 
(^fir^i,  calculi\  and,  as  with  us,  the  same  men 
might  be  used  for  draughts  and  backgammon 

[DUODECIM  ScRIPTA]. 

In  none  of  the  Greek  forms  of  draughts  is 
there  any  mention  of  pieces  more  powerful  than 
the  rest,  like  the  crowned  kings  or  dames  of  the 
modern  game.  This  distinction  first  appears  in 
the  Roman  htnmculif  which  in  other  respects 
were  very  like  the  w6\€is  just  described.  The 
oahuli,  a  name  common  to  this  with  other 
games,  wera  hen  specially  called  iatroneSy  i.e. 
not  robben,  but  soldien;  the  word  comes  from 
Xdrpop,  "pay"  (Varro,  X.  L,  vii.  52;  Fest. 
£pit.  p.  118  M.);  mora  commonly  the  dim. 
latruncuii,  or  in  verse  militee  (Ov.  A.  A.  ii. 
207-8,  iii.  357;  IHst,  ii.  477):  for  the  game 
may  be  said  to  npresent  a  miniatnra  combat 
between  two  armies.  That  they  stood  on  the 
squares  of  the  board  (tabula  latnmcmlaria.  Sen. 
£p,  117,  f  30),  not  on  the  lines,  is  proved  by 
another  passage  of  Varro  (Z.  X.  z.  22):  *'Ad 
hunc  quadruplicem  fontem  ordines  diriguntur 
bini,  uni  transveni,  alteri  directi,  ut  in  tabula 


LATBUNCULI 

solet,  in  qua  latrunculis  ludunt."  Neither  the 
number  of  squares  nor  of  men  is  anjwhen 
mentioned:  the  latter  ara  conjectured  to  have 
been  thirty  a  side  as  in  the  Greek  game.  Glasd 
was  a  common  material  (Ov.  A,  A^  ii.  IfOtf; 
Mart.  vii.  72,  8) ;  when  **gems  "  are  mentioDe<i, 
imitation  jewels  of  glass  are  probably  xoeiut 
(Mart.  zii.  40,  3;  xiv.  20);  sometimes  they 
were  made  of  earthenware,  ivory,  or  the 
pracions  metals.  The  coloiin  ara  distioguished 
(Ov.  Trist,  1.  c ;  Paneg,  Pia,  182 ;  Mart.  xiv. 
17) ;  a  set  of  stone  calculi  of  a  hemispherical 
shape  found  in  a  tomb  at  Cumae  are  curiously 
enough  of  three  colours, — white,  black,  and  rad 
(Bvllett,  Nap,  1852,  p.  132). 

The  distinction  between  **  officen  "and  *^  men," 
noticed  above  in   Egyptian  draughts,    is    also 
proved  to  have  existed  in  the  Roman    game; 
see  Isid.  Orig,  xviii.  67 :  **  Calculi  partim  ordine 
moventur,  partim  vage.    Ideo  alios  ordinarioc, 
alios  vagoB   appellant.    At    vero,  qui    movcri 
omnino  non  possunt,  incitos  dicunt;"  and  the 
passage  quoted  below  from  the  Panegyric  an 
Pieo,    Here  ordme  seems  to  mean  **  one  square 
at  a  time,"  vage  **  in  any  diraction  so  far  as  the 
range   was  unobstructed;"  though   a   leaping 
movement  has  also  been  suggested  (Marquardt, 
p.  833).    The  officen  probably  stood  on  the  fini 
rank,  the  men  as  a  *'row  of  pawns"  (Astiem- 
reihe)  in  front  of  them ;  but  we  mu»t  beware  of 
punning  too  far  analogies  derived  from  chess. 
The  superior  pieces  wera  called   latrones^  the 
inferior  very  probably  latrunculi;  the  doubtful 
term  mandra  comes  in  hera  for  discussion.     We 
find  it  in  Mart.  vii.  72,  **Sic  vincas  Novianique 
Publiumque,  Mandris  et  vitreo  latrone  clusos;" 
and  in  Paneg,  Pia,  191,  '^fracta  prorumpat  in 
agmina  mandra."    The  sense  of  ''sheepfold  "  or 
'*  cattlepen  "  passes  easily  into  that  of  *'  a  drove 
of  cattle,"  (Juv.  iii.  227)  or  *«  a  string  of  mules  " 
(Mart.  V.  22).    As    applied    to  the    game  of 
latrunculi,  mandra  may  mean  a  square  of  the 
board,  and  so  it  is  usually  explained  in  the  line 
of  Martial:  in  Paneg,  Pia,  it  undoubtedly  means 
the  row  of  pawns,  which  is  broken  through  is 
order  to  afford   scope  to  the  mora  powerful 
pieces;    a  sen»e  which   will  equally  suit   the 
former  passage.    But  even  the  high  authority 
of   Becker    (fiallua^  p.    471)   and    Marquardt 
{PrivatL  833)  will  not  convince  us  that  mandra 
could  be  applied  to  the  single  pawn.    As  in  the 
Graek  game,  the  object  was  to  get  one  of  the 
adversary's  men  between  two  of  one's  oita^  and 
then  take  it  off  the  board  (Ov.  U,  cc, ;  Mart, 
xiv.  17);  or  else  reduce  him  to  a  dead  block 
(fld  inciias  redigere).    In  this  phrase,  so  oftea 
used    figuratively    (Plant.    Poen,    iv.    2,    85; 
2Vm.  ii.  4,  136)  the  word  to  be  supplied  is 
calceSy  an  older  form  for  calcuhaj  not   Itneas 
as  sometimes  st:tted.    To  attack  a  man  is  usually 
alligare  (Sen.   Ep,   117,  f  30);   but  we  shall 
find  also  obligare  and  the  simple  ligare. 

The  most  important  passage  on  the  game  of 
latrunculi  is  in  the  Panegyricua  ad  Piacnemy 
printed  in  old  editions  of  Lucan,  and  subsequently 
ascribed  to  Saleius  Bassns,  but  now  ragarded  wa 
the  work  of  an  anonymous  young  poet  of  the 
age  of  Claudius  (Teuffel,  BUm,  Lit.  §  296).  The 
poem  will  be  found  in  the  Poetae  Latini  Minort* 
of  Wemsdorf  or  BShrans,  or  in  the  Corpus 
Poetarum  of  Weber  (pp.  1411-1413).  We 
raproduce  this  passage  (vn.  180-196)  with  a  few 


LAT&UNCULI 


LEBES 


13 


voantiti:  one  phraw  in  it,  we  thinki  has 
oercr  jit  been  correcilj  expUined. 

^CUMoRBoteUhaUTuiatiiraperta  180 

GUcEteci  Tia«»  pcragimliir  mllito  beila* 
Ei  wm  Bigrai^  Aimc  ct  nicer  alUgel  Albot. 
MdM qnii noo icrga dedlt?  qnit tc duce oettit 
Oia^ni  Mt qvli  mn  peiltuiiu  perdhttt  hottem ? 
JCOk  BodlsMlM  tan  dimkst:  ilia  petentem       185 
DiB ftigil.  Ipn  inpit:  kngo  Tcnlt  ilk  reccani, 
QoliMitinipeeBUs:  hk  m  oommlttere  rixne 
Aofcl  fl  in  piwdnm  TCDientcm  <todplt  bostem. 
lodptai  nHt  Ole  mons  aimillM|ne  lignto 
OMI^i|iaB4aon:  talc  nd  m^lon  moveliir,         190 
Ut  dtas  ci  ftndn  prarmnpni  in  ngminn  anndin 
QnMrai  driado  popuWur  iDomli  vallo, 
iMuin  Mdit  qpnvivia  noerrlmn  largnnt 
PmUft  miiitilw,  plena  tamm  ipaa  phalany, 
Aot  ciiaa  paooo  apoUaU  milita,  Yinda,  196 

tt  t&ii  capttva  raaonai  manna  niraqne  tarba.** 

r.  IM,  firit¥nu  perdidit  hottem  :   U  Piao 
iicrificad  pieoea  whieh  hia  opponent  c6ald  not 
uki  wiliMmt  anfieriag  a  greater  loes ;  Arrorw- 
fita  in  KogUth.  p.  1397,  45.      F.  186,  hngo 
wuijkc    Thia  ia  a  '^diacovered  check  *' from 
<«e  of  the  aaperior  pieoea  by  moving  a  pawn. 
lot  the  ofiioen  all  move  alike  in  the  Roman 
guKf  a  fiandamental  difference  which  moat  pre- 
vtai  its  being  oonfonaded  with  cheaa.       F.  189, 
AwipiiupML    One  man  expoeea  himaelf  to  a 
^MkUt  attack  or  croaa-fire,  mora  being  a  tech- 
ocal  vord  for  attack.       In  the  words  which 
UWv,  timiiiM  tigato  haa  always  been  onderatood 
a»  if  it  were  aimply  tigaiua ;  and  Becq  de  Fou- 
qui^rcs  firca  a  diagram  (p^  449X  ^ny  number  of 
which  might  be  invented,  to  diow  how  an  at* 
taji«d  pieee  may  more  to  the  other  end  of  the 
board  and  attack  two  enemies.    This,  however, 
itsTcs  onopitef  moras  without  a  meaning ;  as 
ve  explain  it,  he  ia  not  really  en  prite  of  two 
Y-tctt,  bat  |4aoea  himaelf  between  them,  so  that 
A«  sitackt  both,  while  either  could  take  him  if  it 
were  not  for  the  other ;  he  is  timilia  Ugato^  but 
sot  hyahu ;  the  well-known  manoeuvre  called  the 
hmetU  at  draughts,  and  a  further  point  of  re- 
ttDblaace  |With  the  modem  game.         V,  191. 
For  tifrada  of  the  MSS.  effraeta  or  ecfrada  is 
oov  rnd ;  the  verse  haa  been  explained  above. 
it  it  dear  that  if  the  pawna  moved  straight 
forward,  they  captured  diasonallv ;   otherwise 
tv  liae  could  not  be  broken  through.      K.  194  f. 
The  iewer  pieces  the  winner  had  loat«  the  more 
glorious  the  victory:   this  is  illustrated  by  a 
'^Tj  in  Seneca  (de  Dranq.  An,  14,  §  7),  and 
taiuiJka  an  additional  proof,  as  Becker  has  re- 
uarked,  that  the  game  was  more  like  draughts 
than  chess,  notwithstanding  a  superficial  resem- 
Uucc  to  the  latter.    The  winner  was  called  rex 
»mpirator(VQ^ws.  Proc,  13). 

After  all,  it  muat  be  pronounced  imposaible  to 

(ana  an  adequate  conception  of  the  game ;  we 

Qost  admit,  with  Becker,  that  many  questions 

raasia  oBanswered.     Becq  de  Fouquiires  has 

^  decidedly  Leaa  aucoessful  in  explaining  this 

?uBe  than  in   the   Dvodecim  Scripta.    While 

^•MiiLg  of  games  of  skill  among  the  ancients, 

^  nay  be  as  well  to  say  that,  since  the  history 

o'choH  was  written  by  the  Englishman  Thomas 

Hrde  at  the  end  of  the  17th  century,  no  scholar 

^  beld  that  it  was  known  to  the  Greeks  or 

^^naag.    Chess  cannot  be  traced  in  the  West 

^Cne  the  tine  of  Charlemagne  and  Hanm-al- 

«>Ud  (A.D.  800);    the   Greek   words  for  it, 

WfUm  and  virrpat,  are  found  only  in  late 


Byxantine  writers;  both  are  derived  from  the 
Arabic  thatranj,  and  that  from  the  San^it 
chaiur-anga. 

(The  older  learning  is  collected,  very  copiously 
but  without  sufficient  discrimination  between 
the  different  games,  in  a  note  of  Salmasius  on 
Vopisc  /.c,  Hi9t  Aug.  ii.  736-761,  ed.  1671. 
Modem  authorities :  Becq  de  Fouqui^res,  Jetus 
dee  Anciens,  ed.  2,  1873,  chaps.  18,  19 ;  Becker- 
GOll,  Charikles,  iL  371  ff.;  Gailut,  iii.  468  ff.; 
Hermann-Blumner,  Privatalterth.  508 ff.;  Mar- 
qunrdt,  Frioati.  832  ff.)  [W.  W.] 

LAUTUIflAE,  Lauto'miae,  Lato'kiae,  pr 
Ijltu'miae  {KtBcrofiUu  or  Aoro/Jw,  Lat.  Lapid- 
dinae%  are  literally  places  where  stones  are  cut, 
or  quarries ;  and  in  this  sense  the  word  XarofiUu 
was  used  by  the  Sicilian  Greeks  (Pseudo-Ascon. 
ad  Cic.  in  Verr,  ii.  1,  p.  161,  Orelli;  cf.  Diod. 
xi.  25 ;  Plaut.  Capi,  ilL  5,  65 ;  Poen.  iv.  2,  5 ; 
Festus,  s.  V.  Latumiae)^    In  particular,  however, 
the  name  lautumiae  was  given  to  the  quarries 
of  Syracuse,  frequently  mentioned  by  ancient 
authors  (Cic  Verr.  I  5,  §  14;  y.  27,  §  68 ;  i&. 
55,  §  143 ;  Aelian,  V.  ff.  xu.  44),  and  still  called 
Laionue  (with  the  Greek  accent).      They  are 
situated  on  a  part  of  the  heights  called  Epi- 
polae,  to  the  north  of  the  city,  which  at  the 
time  of  the  Athenian  siege  waa  outaide  the  walls 
of  Achradina;  the  elder  Dionysios  a  few  years 
lator  included  the  whole  of  the  Epipolae  within 
his  fortifications.    On  account  of  their  security 
they  were  used  as  prisons  from  an  early  period ; 
the  deepest  and  moat  inaccessible,  now  called 
the  LatonUa  d^  Cappuodnif  is  probably  that  in 
which  the  7,000  Athenian  prisoners  were  con« 
fined  (Thucyd.  vii.  86,  87  ;  Diod.  xiii.  33).  They 
continued  to  serve  for  the  same  purpose,  and  in 
the  days  of  Cicero  were  used  as  a  general  prison 
for  criminals  from  all  parts  of  Sicily.    The  so- 
called  Ear  of  Dionysius  is  in  the  Latomia  del 
Paradiso;  but  the  name  is  a  meie  fancy  of  a 
scholar  of  the  Renaissance,  and  Cicero  and  Aelian 
are  certainly  mistaken  in  the  notion  that  the 
lautumiae  were  excavated  by  that  tyrant  ex- 
pressly for  a  prison,  though  he  may  hare  enlarged 
them  (cf.  Diet.  Qeogr.  ii.  1066  a).    Several  of 
them  are  now  laid  out  as  gardens,  and  being 
completely   sheltered  from  all   winds,  though 
open  to  the  sky,  contain  a   rich  sub- tropical 
vegetation,  which  rfioders  them  one  of  the  most 
attractive  sights  of  modern  Syractise. 

For  the  prisons  called  Lautumiite   at  Rome, 
see  Carcer.  [L  S.]    [W.  W.] 

LEBES  (X^/9DrX  '^^  Greek  usage  a  sort  of 
kettle  made  of  copper  or  iron,  and  put  over 
the  fire  to  cook  (A  xxi.  362).  Buchholz  says, 
^  smaller  than  a  tripod  "  (HomeriscKe  Reaiienj  ii. 
f  100),  and  that  is  perhaps  true  of  the  Homeric 
times,  but  that  later  it  was  not  necessarily  small 
may  be  seen  from  Thucydides,  iv.  100,  where  the 
huge  caldron  used  in  the  sieee  of  Delium  is  a 
X0HS.  It  was  also  used  as  the  basin  for  wash- 
ing the  hands  of  guests  at  dinner,  which  were 
held  above  the  silver  \4^s  while  water  was 
pourod  over  them  from  a  jug  (fid.  i.  137),  and 
even  of  so  large  a  vessel  as  the  bath  in  which 
Agamemnon  was  killed  (Aesch.  Ag.  1129). 
Pausanias  (v.  10,  f  4)  speaks  of  kdPrirts  over- 
laid with  gold  set  on  the  comers  of  the  temple 
roof  at  Olympia :  in  the  Tragedians  it  occurs  as 
an  urn  for  holding  ashes  (Aesch.  Ag.  444,  &c.) : 
m  Herod,  vi.  58,  a  K40ns  is  beaUn  like  a  kettle- 


14 


LEGTICA' 


LECTICA 


drtim  by  Spartan  mournen,  and  in  the  same 
way  the  k40viT§s  at  Dodona  were  sounded, 
whence  Virgil  borrows  his  coDrentional  epithet 
Dodonaei  Itbeta,  The  Ki^s,  like  the  rpfvevf, 
was  a  common  prize  at  Homeric  games  (//. 
xxiii.  259),  so  much  so  that  (dri(o0V  iucikovs 
ohK  Hopas  oM  AciSirrfllr  (OcL  zrii.  222)  merely 
means  ^  a  beggar  with  no  ambition  beyond  it 
for  heroic  contests."  The  general  conclosion 
from  all  this  is,  that  the  size  raried,  bat  the 
material  was  always  metal:  in  shape  it  was 
rounded  at  the  bottom,  so  that  sometimes  it 
was  supported  or  suspended  when  it  was  oyer 
the  fire,  but  sometimes  it  had  feet  and  is  called 
X4fifis  rplTovs  (Aesch.  JFV.  1).  From  this  metal 
\4^5  of  common  use,  the  kbes  shape  was 
adopted  for  pottery :  for  examples,  see  Fictilia. 

The  Cretan  Kifiuis  (in  Gortyna  Insc.)  was  a 
stater  stamped  with  a  Ubes  (cf.  fiofCs,  Aesch. 
Ag,  36) :  examples  of  this  coin  of  the  5th  and 
4th  cent,  are  found  (Sroronos.  Butt.  Corr.  MelL 
1888).  The  lebe9  in  Latin  seems  to  have  been 
merely  a  poetical  word  borrowed  from  Greek 
poeU.  [G.  E.  M.] 

LECrrCA,  in  Greek  ^pnw  or  ffKifiwSitw 
(Dio  Cass.  Irii.  4),  was  a  litter  or  palanquin  in 
which  persons  were  carried  in  a  lying  position 
from  one  place  to  another.  For  sick  persons 
and  invalids  of  both  sexes  they  were  no  doubt  in 
use  in  Greece  from  early  times,  but  probably  in 
the  form  of  the  ordinary  bed,  being  usually 
called  icXlrfi.  As  an  article  of  luxury  the 
^p€'ui  were  introduced  from  Asia,  where  they 
had  been  long  in  use,  and  were  at  Athens  em- 
ployed for  carrying  ladies  (see  Suidas,  s.  v.,  who 
calls  them  ywaucM) ;  and  by  men  only  when 
they  were  lame  or  in  ill-health.  The  lame 
Artemon,  who  habitually  used  a  litter,  was 
nicknamed  rcpi^i^fnfros',  either  because  this  in- 
dulgence even  for  a  lame  man  was  unusual,  or 
because,  according  to  one  account,  he  used  a 
specially  luxurious  hammock  (Plut.  PericL  27  ; 
Anacr.  ap,  Athen.  xii.  533 ;  Andoc.  de  My$U  §  61 ; 
Plut.  Eum.  14).  If  a  man  without  any  physical 
necessity  made  use  of  a  lectica,  he  drew  upon 
himself  the  censure  of  his  countrymen  as  a 
person  of  effeminate  character  (Dinarch.  c. 
Demosth.  §  36).  The  ^ptta  were  light  bed- 
steads with  mattress  and  pillows,  and  an 
awning,  supported  by  four  posts,  with  curtains 
to  it  (Plut.  Eum,  1.  c).  When  the  Macedonian 
conquests  had  made  the  Greeks  better  acquainted 
with  Asiatic  luxury,  ^p€ia  were  not  only  more 
generally  used,  but  were  also  more  magnificently 
adorned  :  so  Antigonus  provides  one  for  Nicaea, 
fiaciKiKSs  MKO(rfififi4vo¥  (Plut.  Arat,  17). 
The  bearers  were  called  ^pta^pot,  and  were 
usually  four  in  number  (Diog.  Laert.  v.  73 ; 
Lucian,  Somn,  s.  OalL  10 ;  cf.  Plut.  Pdop,  30. 
See  also  Becker-Goll,  Charikiea,  i.  200). 

At  Rome,  as  in  Greece,  no  doubt  the  sick  were 
carried  on  some  sort  of  couch  from  the  earliest 
times:  eg,  Latinus  in  the  year  B.C.  489  was 
carried  into  the  forum  on  what  Livy  calls  a 
lectica  (Liv.  ii.  36) ;  but  it  probably  was  merely 
the  sick  man's  bed  (cf.  Catull.  x.  17).  The 
lectica  strictly  so  called  was  probably  first  intro- 
duced into  Rome  from  Asia  after  the  victories 
over  Antiochus,  and  then  used  chiefly  for  travel- 
ling ;  rarely  in  the  streets  of  Rome  itself.  The 
earliest  mention  of  it  is  found  in  a  speech  of 
Gains  Gracchus  quoted  hy.Gellins  (x.3).    From 


this  passage  it  is  evident  that  the  lectica  was 
an  article  of  luxury  lately  borrowed  from  Asia, 
whence  the  rustic  imagined  it  to  be  a  bier  con- 
veying a  dead  man,  though  (unlike  an  ordinary 
bier)  it  was  covered.     The  lectica  had  an  arched 
roof  (cf.  orcus,  Tac.  Ann,  xv.  57),  consisting  of 
leather  stretched  over  it  upon  four  posts,  nmch 
like  the  Greek  ^pttov^  and  the  sides  also  were 
covered  with  curtains  (ve/o,  plagae  or  plagulae) : 
hence   Martial   speaks   of  '*  lectica   tuta   pelle 
veloque"  (cf.  Suet.   Tit,  10):  such  a  litter  is 
called  by  Greek  historians  popuoi^  toatrdffrtyow, 
Tiberius  sent  Agrippina  and  her  children  after 
their  condemnation  in  a  litter  with  the  curtains 
sewn  up  (o6sttto.  Suet.  IXb,  64).    In  the  Empire, 
however,  as  time  went  on,  curtains  were  not 
thought   a   sufficient   protection;   and  we  find 
that  lecticae  used  by  men  as  well  as  women  were 
closed  at  the  sides  with  windows  made  of  talc 
Qajna  speculari8\  whence  Juvenal  (iv.  20)  cail:^ 
it  antrum  dautum  laUs  speoularHnis  (compare 
Juv.  iii.  239).    We  sometimes  find  mention  of  a 
lectica  aperta  (Cic.  PMl,  ii.  24, 58X  but  we  hare 
no  reason  to  suppose  that  in  this  case  it  had  no 
roof,  for  the  word  aperta  probably  means  nothing 
more  than  that  the  curtains  were  drawn  aside : 
it  was  considered  incorrect  for  women  to  go  in 
a  litter  with  the  curtains  open  (Sen.  de  Bene/, 
i,  9,  S ;  Apul.  76).     The  whole  lectica  was  of 
an  oblong  form,  and  the  occupant  lay  on  a  bed, 
his  head  being  supported  on  a  pillow  so  that  he 
might  read  and  write  in  it  with  ease.     To  what 
extent  this  luxury  was  carried  as  early  as  the 
time  of  Cicero,  may  be  seen  from  one   of  his 
orations  against  Verres  (v.  1 1, 27).    Feather  beds 
seem  to  have  been  used  f  Juv.  i.  159) :  the  frame- 
work, as  well  as  the  other  furniture,  was  often 
of  the   most  costly   description,  adorned   with 
ivory  and  silver  (Lamprid.  Heliogab,  4).     The 
lectica,  when  standing,  lested  on  four  feet:  it 
was  carried  by  slaves  {lecttcarii)  by  means  of 
poles  (asaeres)  attached  to  it,  but  not  fixed,  so 
that  they  could  easily  be  taken  off  (Suet.  Calig' 
58;  Juv.  vii.  122,  iii.  245;  Mart.  ix.  23,  9). 
These  asseres  generally  rested  on  the  shoulders 
of  the  lecticarii,  being  passed  through    lorOy — 
that  is,  straps  fixed  on  the  lectica  (Sen.  JCp.  80, 
110;  Juv.  iii.  240;    Mart.  ii.  57):    sometimes 
they  were  carried  lower  by  straps  (itruppi)  round 
the  necks  of  the  bearers,  like  the  modem  trag- 
sessel  (Gell.  x.  3;  cf.  Plut.  Perid,  27).     The 
art  of  taking  the  lectica  upon  the  shoulders  was 
called  suooollare^  and  the  person  who  was  carried 
was  said  succoUari  (Plin.  ff.  N,  xxxv.  §  117 ;  Suet. 
OthOj  6).     From  this  passage  we  also  learn  that 
the  name  lecticarii  was   sometimes  incorrectly 
applied  to  those  slaves  who  carried  a  person  in 
a  sella  or  sedan-chair.  The  number  of  lecticarii 
employed  in  carrying  one  lectica  varied  accord- 
ing to  its  size,  and  the  display  of  wealth  which 
a  person  might  wish  to  make.    The  ordinary 
number  was   probably  two  (Petron.  Sat.  56; 
Juv.  ix.  142) ;  but  it  varied  from  two  to  eight, 
and  the  lectica  is  called    hexaphoron  or  octo* 
phoron,  accordingly  as  it  was  carried  by  six  or 
eight  persons  (Juv.  i.  64;  Mart.  ii.  81,  vi.  77; 
Cic  c,  Terr,  v.  11,  od  Q.  Fr,  u.  10).     Wealthy 
Romans    kept    certain    slaves   solely  as   their 
lecticarii  (Cic.  ad  Fam.  iv.  12) ;  and  for  thb 
purpose    they   generally  selected    the    talltft, 
strongest,  and   most  handsome  men,  and  hsd 
them  always  well  dressed.    Libnmians  seem  to 


IiECnOA 


liECTISTEBNIUM 


15 


hsn  bcB  modi  vied  for  this  in  Jarenal's  time 
(iii.  340,  IT.  75,  fi.  477>  so  that  Libumus  was 
assd  (v  tkt  office,  like  the  word  Stuste  in  Paris. 
h  tk  fint  passage,  It  is  trne,  some  read  Libuma, 
ladeipIsiB  It  aa  a  sort  of  litter, — ^  named  from 
the  libanu,*'  is  Professor  Mayor's  suggestion ; 
bet  iw  adopts  the  reading  LAumo  in  his  text, 
sad  tbis  in  Tiew  of  the  two  other  passages  is  most 


probable.  In  the  time  of  Martial  it  seems  to 
have  been  cnstomary  for  the  lecticarii  to  wear 
red  liveries.  The  lectica  was  generally  preceded 
by  a  slave  called  anteambuloy  whoee  office  was  to 
make  room  for  it  (Martial,  iii.  46 ;  Plin.  Epist, 
iii.  14;  compare  Becker-G5ll,  Oallua,  ii.  158). 
The  CoHowing  cut  shows  a  lectica  constructed 
from  fragments  found  on  the  Esquiline  in  1874. 


Lectica.^  (See  CasteUsni,  BuU,  Cammun,  1881,  p.  214,  Uv.  IB.) 


Gorily  after  the  introduction  of  these  leciicae 
sBsong  the  Romans,  and  during  the  latter  period 
of  tb«  Republic,  they  appear  to  have  been  very 
cenuDoa,  though  they  were  chiefly  used  in  jonr- 
ttj%,  snd  in  the  city  of  Rome  itself  only  by 
Udies  sad  invalida  (Dio  Cass.  Ivii.  17).  But 
tJi«  love  of  this  as  well  as  of  other  kinds 
of  luury  increased  so  rapidly,  that  Julius 
Gsesar  thought  it  necessary  to  restrain  the 
^^  of  lectioM,  and  to  confine  the  privilege 
«f  using  them  to  certain  persons  of  a  certain 
H^  sod  to  certain  days  of  the  year  (Sueton. 
C«i,43).  ^ 

b  tke  reign  of  Claudius  we  find  that  the  pri- 
vilege of  using  a  lectica  in  the  city  was  still  a 
fRat  diftinction,  which  was  only  granted   by 
th«  «mpcror  to   his  especial  favourites  (Suet. 
^^°ti^  28).    It  was  apparently  a  senatorial  pri- 
^^«ge  granted  by  Claudius  as  a  favour  to  his 
iTHiaun  Harpocras  (Friedlander,  i.  157).     But 
vast  aatil  then  had  been  a  privilege  became 
F»dMlly  a  right  assumed  by  all,  and  every 
'••Ithy  Roman  kept  one  or  more  lecticae,  with 
we  nqaisite  number  of  lecticarii.     The  Emperor 
l^tisn,  however,  forbade  prostitutes  the  use 
of  Wlicsa  (Suet.  JkmUi.  8>    There  was  a  com- 
F*ay  or  corpus  lecticariorum  with  officers  over 
«<».    In  the  inscriptions  we  find  praepositus 
^*»w«m,  deewio    kcticariorwn  (C.    /.   Z. 
^^1  5),  aad  a  oostra    lecticariorum    in   the 
^  transtiberina  belonging  to  the  lecticarii 


publid,  who  stood  ready  for  the  service  of 
the  magistrates  (Preller,  Regionen^  p.  218), 
but  probably  also  for  general  hire  (Juv.  vi. 
353).  They  were  of  the  class  of  freedmen  (cf. 
Mart.  iii.  46). 

The  lectica  above  mentioned  in  which  the 
occupant  reclined,  must  be  distinguished  from 
the  aeUa  gestatoria  or  sedan-chair  in  which  he 
sat  [see  Sella];  but,  if  Dio  is  right  in  his 
statement  that  the  sella  was  never  used  before 
the  reign  of  Claudius,  we  must  conclude  that 
Suetonius  in  Atig,  53  uses  one  inadvertently  for 
the  other.  Lectica  is  also  used  sometimes  as 
the  word  for  a  bier,  which  is  more  usually 
called  lechu  or  lecttu  fundnia  [see  under 
Lgctus].  (For  further  information  see  Becker- 
GOll,  GaUuSy  iii.  29;  Marquardt,  PrivaUd)en^ 
736.)  [L.  S.]    [G.  E.  M.] 

LECTICA'Rn.    [Lectica.] 

LECTISTE'RNIUM  itrrpuii^tu,  Dionys.  zii. 
9,  and  expressed  in  the  kindred  Greek  cere- 
monies by  the  words  xKltrffp  arp&o'M :  Theocr. 
zv.  127,  &C.),  a  sacred  feast  at  which  certain  of 
the  gods  were  represented  as  reclining  (accu" 
bantes)  on  a  lectus,  each  with  the  left  arm  rest- 
ing on  a  cushion  (jpu/vtnus),  whence  the  lectua 
was  called  pulvinar.  It  was  set  in  the  open 
street,  and  before  it  was  placed  a  table  with 
offerings  of  food  from  the  people.  Livy  (v.  13) 
gives  a  distinct  account  of  its  origin  and  first 
celebration :  that  it  was  ordained  by  the  Sibylline 


le 


LE0TI8TEBNIUM 


booki  inBtimcof  pc<tl1«Dce,D.c399;  Dunmviri 
Mcrii  fkciaodia  vara  appointed  to  hold  tha  Taut 
for  alght  dij"  (Dianyiiiu,  I.  c,  uyi  ttvm). 
Tfaara  wu  ■  gcnaml  calabratioa  alio  through 
tha  dtf  bj  tha  citUani  from  thair  prirnte 
r«*ODrcai,  the  doora  thrown  open  and  hoipitiUtf 
o&etad  to  all  coinen,  ai  though  to  induca  for- 
getfalnus  of  the  pnolic  troublai.  Tha  daitiai 
■0  approeched  with  prayan  and  *  faait  on  thii, 
the  fint,  occuinn  were  Apollo  nnd  Latona,  Diana 
■Dd  Herculea,  Marcnr;  and  Naptnne,  placed  in 

Cin  on  the  lacrad  couche* ;  aiid  at  all  proper 
iiitarnia  the  dailiaa  were  placed  in  )i«in: 
that  ii  to  Mf,  their  ilatues,  covered  with 
drapery,  which  Featui  (i.  t.  (mm)  calls  e«iBiw 
deanim,  or,  a>  Marquardt  preran  lo  think, 
draped  woodan  figure*  with  haadi  of  bisnie, 
wax,  or  inirbla,  like  the  Greek  ncrolithi,  ware 
■o  anaugedi  iNiuibly  they  were  borne  to  the 
pnlTinir  upon  lacred  tcnue  a>  on  the  (totally 
diflarent)  occasion  of  the  Circenaian  garnet. 
Tha  idea  that  thaaa  itatnai  ware  merely  huata  ii 

Erobably  wrong,  and  rasU  only  on  the  wordi  in 
iv.  il.  59, "  deoruni  ca)Hta  quae  In  lactii  erant," 
but  here  Madrig  reade  ^tu.  It  ii  an  error  to 
conruse  thii  ucred  rite  with  the  iptUim  Joeit, 
vbich  repraMDtad  the  old  familj  oSering  Co 
Jupiter  Dnpali*,  with  whom  were  aatocinted  tba 
«thar  Capitoiine  daitiai,  Juno  and  Minerva,  ae 
permanent  protectora  of  tha  atate,  and  Mer- 
curiui,  who  in  thii  respect  bora,  like  Jupiter, 
the  inmanie  Epulo.  Tba  rpahtm  Jovit  was  an 
archaic  feitiTBl  luperinteodad  by  the  pontiRcei, 
until  the  apeciil  oSicen  called  epulontM  ware 
appointed,  and  it  differed  Iron  tlia  lactiiteniiuin, 
ai  originally  inititutftd,  in  placing  the  god  on  a 
lectui  and  the  goddauea  by  Roman  cattom,  con- 
aerTatiTa  in  religion,  on  aallae.  In  Lir.  iiii.  1 
it  is  aaid  that  ■  lectiitemium  wii  jtiven  to  Juno 
lieginaontbeAventine.nnd  in  ii.c.  21T,  nrier  tha 
HiHatroui  battle  of  Tniimana,  there  wat  a  lac- 
tiatamium  for  three  day*  to  aix  pain  of  deitiea 
(Lir.  iiii,  10).  LiTT  numbera  the  lectisternia 
which  fall  in  hii  lint  decade;  the  Srd  wna 
"  pacii  eipoacendae  cauaa,"  the  4th  in  time  of 
peitilenca  opon  conealtation  of  tha  Sibylline 
booka,  the  5th  "  placandia  diii "  at  tha  outbreak 
of  the  lecood  Samnile  war  (Lir.  vii.  2  and  27  ; 
Tiii.  35).  It  ihould  be  noticed  that  all  the  early 
lectiiternia  ware  in  time  or  troublo  to  appeaaa 
the  nnger  of  beaTao,  net  u  tha nkigi rings,  being 
no  doubt  adopted  frotn  the  Sibylline  boAt  when 
other  meu»  failed. 

It  appcira  from  Liv.  iiivi.  1,  itii,  30,  that 
there    waa   later   a   conetant  or   perhapa  daily 
lecUiteminni,  "majorem  partem  anni,"  to  certain 
deities.     Thia  niuat  be  held  distinct   front  tha 
eitraordinary  leclittemium  ordered  for  a  special 
criaja.     It  waa  no  doubt  a  regular  celebration  i~ 
the  different  temples,  and  its  method  waa  boi 
rowed    from    the    lectisteminiD    proper.       The 
ti^plioalio,    which    waa    an    old    Raman     i" 
(Lit.  iii.  63),  became  connected  with  the  le< 
steminm  and  to  soma  extant  confused  with  it, 
since    it   was   celebrated    commonly   "omnibus 
diis   quorum    pulrinaria  Romae  erant,"  i.e.    ' 
'hose  deities  in  whose  honour  the  lectiitemi 
ilao  was  held,     lo  the  imperial  times,  by  a  i 
of  reaction  to  old  Roman  feeling,  a  change  ' 
made  as  regards  tha  lactliterniuni,  that  for  ; 
dtaii  it  should  ba  a  sellisteminm  (i.e.   they 
^onld,  in  old  fashion,  sit  initead  of  reclining). 


LECTBTEBNIUU 

This  ilteration  is  mentioned  by  Tacitna  in  i 
celebrated  ch^tar  (_Aim.  it.  44)  a*  taking 
place  when  Nero  triad  Tariouf  maaas,and  finailr  , 
a  persecution  of  Christians,  to  escape  tha  intamia 
of  tha  homing  of  Rome  (cf.  aito  VaL  Jlai.  iL 
1,3). 

As  regards  the  origin  of  the  lectistemiam, 
there  is  some  contrOTaray.  Praller  (Stniicie 
Uylh.  p.  133)  maintains  that  it  belonged  to  the 
national  religion  of  Kome  handed  down  from  the 

Pliny,  JI.  AT.  x„ii.  2,  that "  cenae  ad  pulrinaris"    ' 
had   bacn  ordained  by  Numa,   and   from  Vtrro 
(qnotadby  Serviaa,iMf^fii.  X.  76)  that  there  wu 
■  lectns  spread  before  Picus  and  Pilumnat  ii 
behalf  of  child-birth.     It  must  be  recaliedett.    I 
however,  that  from  tha  ramiliaiitT  of  writen  ia 
the  late  Kepnblic  and  Empire  with  the  tenntof    I 
the   lectistemium,   they  were    likely   to  apgily    I 
them  to  the  old  Roman  offeriuga,  inch  at  thoH    I 
of  Jupiter  Dapalis,  the  Lares,  kc;  and  thete   . 
Tague  notices  can  hardly  weigh  againat  the  pre.    ! 
ciss  sUtement  of  Liry,  that  tha  first  lectister-    I 
nium  was  in  B.C.  399.     It  i>  safer  tharaforeto 
adopt  Hsrqusrdt's  riew,  that  It  was  a  tirtek    i 
cuitom  introduced  into  Roma,  and  nrierwanli 
more   or    less    amalgamated    with   other  oUer 
institutions  of  natire    origin.      Of  this   Greek 
origin  there  are  aereral  indications:   (1)  The    | 
source  of  tha  ordinance,  the  Sibylline  bookt,  b    ' 
Greek.    (2)  Thrae  of  the  deities  tint  so  hononred 
were  unknown  to    the    Romans  of    tha  oldnt 
times — Apollo, Latona, and  Artemis(the  Delphic    I 
Triad)— and  a  fourth  (Herculet)  is  worshipped 
iu   new  fashion,  aince  according  to  Serrint.  ad 
Aen.  Tiii.  176,  the  lecMatemiam  was  prohibited 
nt  the  Ara  Maiima.     (3)  The  recumbent  poo- 
lion  for  the  gods  and  goddauea  waa  altogetbic 
contrary  to  old  Roman  cuitom:  in  the  earliest 
times  all  in  the  Roman  family  alike  sat,  and  ie 
later  timet  tbe  wives  and  children.     It  may  Iu 
added  alio  that  the  number,  two  on  each  coach, 
was  Greek,  not  Roman  ;  for  at  Rome  three  wsi 
the   number   on   each  leetus.     We   know,  too, 
of  this  ai   a   Greek   rite   in   early   times— f^. 
■t  Athens   to  Zona   Sotar  and  Athene   Sotein 
(C.  /.  A.  iL  305);  to  Pluto  {C.  I.  A.  iL  918); 
at     Tegea   to    Atheo*  (Pausao.    HiL   47);    te 


LECTTS 

ApMilt  (Thcoe.  zr.  127);  and  to  these  may 
be  tdM  tlie  TheozenU  at  Delphi,  with  which 
i.  Umtma  {Mphika^  303)  compares  ^e 
UtxuUnstm 

Of  the  two  cats  giTen,  the  first,  taken  from 
1  Greek  Tue,  represents  the  palrinar  at  the 
nwxeaia  of  the  Dioscuri,  and  a  palm  branch 
ipoi  it,  odersd  hj  an  Oljmpie  rictor.  The 
ooBBted  figures  snppl]^  pictoriall]^  the  names  of 
tk  Dioscui  It  most  not  be  supposed  that 
tiwj  were  actual!]^  so  shown  in  the  feast.  The 
secmid  cut,  representing  the  palrinar  of  a 
lectittcraimn,  was  taken  bv  Mr.  Yates  from 
cae  ia  the  Glyptothek  at  Munich.    (See  also 


LECTU8 


17 


FbMuv  oC  a  T<srtlstniilinn     (Fyon  the  Glyptottiek 
atMoakb.) 

OB  this  sabject    Marqnardt,  RSm,  8taaUoer» 
witmi^  m.  45,  187.)  [O.  £.  M.] 

LBCTUS  {ttkia^  ^^os,  cMX  '^  ^»^'  In 
tiw  Hooteric  poema  we  find  three  kinds  of  beds 
^tiagnisbed :  (1)  A^x^f,  a  hearf  compact  bed- 
■tesd,  eftn  a  fiztufe,  as  the  famous  bedstead 
ia  the  palace  of  Uljsess;  (2)  U/ufia,  easily 
tnuportable,  like  a  camp-bed;  (3)  a  ''shake 
dowa"  upon  the  floor,  with  no  framework  at 
all,  exprosed  hj  the  words  x^*''''  ffropifftu. 
As  the  most  noticeable  instance  of  the  X^of, 
«c  hare  the  de«:ription  (OdL  zziii.  190)  of  the 
Ud  Bade  for  himself  hj  dlTsses.  The  actual 
tnnk  of  sn  olire-tree,  round  which  he  has  built 
lad  roofed  his  chamber,  forms  one  solid  and 
ioDoTable  post,  lopped  and  smoothed  with  the 
ue;  apon  this  is  constructed  the  rest  of  the 
vwdca  frunework,  with  the  other  three  feet ; 
the  wbole  inlaid  with  gold  and  silrer  and  ivory, 
ttd  haiing  a  red  leather  strap  across  to  sup- 
port the  bedding.  (Buchhola  somewhat  strangely 
iaterprets  the  lf$ks  to  be  a  strap  hung  above  the 
^  by  which  the  occupant  might  raise  himself 
B^  The  only  argument  for  such  a  riew  appears 
to  be  the  use  off  the  singular;  but  there  is  no 
tom  why  one  girth  sho^d  not  be  used— r^yof 
«*«14  be  the  word  in  later  Greek— eren  if  we 
^  aot  take  it  as  a  poetical  usage  of  singular  for 
planL) 

For  the  Ufonm  m»  a  quickly  improTlsed  bed, 
Mt  Oi  ir.  296,  YiL  335 ;  //.  zxir.  643.  From 
thoe  paisagea  it  appears  that  94fiwi*  means  a 
^t  framework,  such  as  slaves  could  bring 
•Bt  into  the  portico,  and  over  it  was  spread  the 
^•^  (see  below).  The  passage  in  the  Iliad, 
jt  it  true,  lecms  to  use  Xdx^  contrary  to  custom 
i>  the  aav  nsc  For  the  third  kind,  see 
^  XX.  1,  .  <e  Ulysses,  as  a  poor  wanderer, 
W  M  bedf  '  but  merely  an  oz-hide  and  the 
Jl^J^  pl«  jpon  it  "Hie  x4xot  was,  as  has 
Ma a^  f   . .Ml  or  at  leaat  a  solid  framework, 

TQL.IL 


and  therefore  called  wviu¥6y  (OdL  rii.  340,  &e.); 
when  irrop4irai  is  joined  to  it,  the  arrangement 
of  the  bedding  is  referred  to.  It  is  mad^  with 
rounded  posts  (Siywr^r)  and  carved.  (The  word 
rpnfr6si  however,  to  which  Buchholz  gives  this 
meaning,  may  only  imply  that  the  framework 
was  pierced  for  the  cords  or  girths.)  The  plural 
rii  \4x^a  includes  bedstead  and  bedding,  which 
was  arranged  as  follows.  On  the  \4xos  or 
94funa  were  placed  (1)  ^47«a  =  mattress  and 
pillows.  (G6U  argues  from  their  being  washed 
that  they  were  merely  woollen  rugs;  but  they 
are  always  distinct  from  rdvirrcs.)  (2)  Over 
these  were  spread  rdvifrcr,  woollen  blankets, 
not  for  a  covering,  but  to  make  the  bed  softer ; 
both  ffky^a  and  rdrifrcf  were  under  the  sleeper, 
and  over  him  were  (3)  x^^iifai  as  a  coverlet 
(Od.  '\v,  296,  viL  338;  77.  zziv.  647).  The  word 
9M1  in  Homer  is  merely  a  sleeping-place  with 
or  without  a  bed  (comp.  0<L  vii.  347,  zi.  188). 
The  poorer  classes,  as  in  the  passage  cited  from 
0<L  zz.,  had  a  hide  in  place  of  the  \4xoSt  and 
K«^a  in  place  of  the  ^^ca  and  rdwi/Tts  (cf.  Od. 
ziv.  518.  For  fuller  discussion,  see  Buchholz, 
ffbmerisehe  Sealienj  §  60).  The  complete  bed 
consisted  in  later  times  of  the  following  parts : 
cX/ni,  iwiropotj  rvXttop  or  icr^^aXAor,  vpoo'Ke- 
^dkeuoPf  and  aroAfiOTtu 

The  K\trtif  though  used  generally  for  the 
whole  (jiMi  being  rare  in  prose),  is,  properly 
speaking,  only  the  bedstead,  and  seems  to  have 
consisted  only  of  posts  fitted  into  one  another  and 
resting  upon  four  feet.  At  the  head  part  alone 
there  was  a  board  (jkwdtckunpop  or  Mickirrpoy) 
to  support  the  pillow  and  prevent  its  falling  out. 
Sometimes  this  was  wanting,  as  we  see  in 
drawings  6n  ancient  vases  (see  also  Poll.  z.  34 ; 
vi.  9).  Sometimes,  however,  the  bottom  part  of 
a  bedstead  was  likewise  protected  by  a  board,  so 
that  in  this  case  a  Greek  bedstead  resembled  a 
modem  so-called  French  bedstead.  The  K\lini 
was  generally  made  of  wood,  which  in  quality 
vari^  according  to  the  means  of  the  persons  for 
whose  use  it  was  destined ;  for  in  some  cases  we 
find  that  it  was  made  of  solid  maple  or  boz- 
wood,  or  veneered  with  a  coating  of  these  moro 
ezpensive  woods.  At  a  later  period  bedstead*. 
were  not  only  veneered  with  ivory  or  tortoise- 
shell,  but  sometimes  had  silver  feet  (Polluz,  L  c.  ; 
Aelian,  F.  E.  zit  29 ;  Athen.  vi.  p.  255).  This 
method  of  veneering  is  like  that  described  by 
Pliny,  J7.  2ir.  iz.  §  ^ :  "  testndinum  putamina 
secare  in  lamnas,  lectosque  et  repositoria  hie 
vestii-e  Carvilius  Pollio  instituit." 

The  bedstead  was  provided  with  girths  (r6poi, 
from  which  possibly  the  metaphor  about 
Cratinus  is  drawn  in  Aristoph.  Eq.  532X 
iwtroifoi,  Ktlpia  on  which  rested  the  bed  or 
mattress  (icye^aAor,  rvXttop  or  r^Aif :  the  last 
word,  however,  is  an  old  Ionic  domestic  term  in 
this  sense,  in  Attic  a  knot  or  hump :  Rutherford's 
New  PhrynichuSf  p.  256).  The  cover  or  ticking 
of  a  mattress  was  made  of  linen  or  woollen  doth 
or  leather,  and  the  usual  stuffing  (wKiipmfia) 
was  dried  reeds  or  wool.  At  the  head  part  of 
the  bed  and  supported  by  the  MttKgpr^v  lay 
a  round  pillow  (ir/w^iccfaAaioK)  to  support  the  ^ 
head ;  apd  in  some  ancient  pictures  two  other 
square  pillows  are  seen,  which  were  intended 
to  support  the  back.  The  covers  of  such 
pillows  are  striped  in  several  pictures  on  ancient 
vases  (see  the  woodcut  under  Stmfosium),  and 


18 


LE0TU8 


were  therefore  probably  of  various  colours.  They 
were  undoubtedly  filled  with  the  same  matenals 
•8  the  beds  and  mattresses. 

The  bed-corers,  which  may  be  termed  blankets 
or  counterpanes,  were  called  by  a  variety  of 
names,  such  as  ircpKrvpcifuvro,  ihroa'rpc&/uaTa, 
^l3^i/utTa,  i^trTpdtSj  x^^^^*""^  dtJupt€<rTplZ€St 

iriurroi,  rdmfr^t  or  d^^ir^bnjrcs.  The  common 
name,  however,  was  arpwfiareu  They  were 
generally  made  of  cloth,  which  was  very  thick 
and  woolly  either  on  one  or  on  both  sides  (Pollux, 
vi.  9).  It  is  not  always  easy  to  distinguish 
whether  the  ancients,  when  speaking  of  jcAJyai, 
mean  beds  in  our  sense  of  the  word,  or  the 
conches  on  which  they  lay  at  meal-times.  We 
consequently  do  not  know  whether  the  descrip- 
tive epithets  of  Jc^(ral,  enumerated  by  Pollux, 
belong  to  beds  or  to  couches.  But  this  matters 
little,  as  there  was  scarcely  any  difference  be- 
tween the  beds  of  the  ancients  and  their  conches, 
with  this  exception,  that  the  latter  being  made 
for  appearance  as  well  as  for  comfort,  were,  on 
the  whole,  undoubtedly  more  splendid  and  costly 
than  the  former.  Considering,  however,  that 
bedsteads  were  often  made  of  the  most  costly 
materials,  we  may  reasonably  infer  that  the 
coverings  and  other  ornaments  of  beds  were 
little  inferior  to  those  of  couches.  Notwith- 
standing the  splendour  and  comfort  of  many 
Greek  beds,  the  Asiatics,  who  have  at  all  times 
excelled  the  Europeans  in  these  kinds  of  luxuries, 
said  that  the  Greeks  did  not  understand  how  to 
make  a  comfortable  bed  (Athen.  ii.  p.  48 ;  Pint 
Pelop.  30).  The  places  most  celebrated  for  the 
manufacture  of  splendid  bed-covers  were  Miletus, 
Corinth,  and  Carthage  (Aristoph.  JRan,  410, 542, 
with  the  Schol. ;  Lysistr,  732 ;  Oc.  a  Verr,  i.  34; 
Athen.  L  pp.  27,  28>  It  appears  that  the 
Greeks,  though  they  wore  nightgowns  (x^r^i' 
tbrifHipf  Pollux,  X.  123),  did  not  simply  cover 
themselves  with  the  arptiftara,  but  wrapped 
themselves  up  in  them.  Less  wealthy  persons 
continued,  according  to  the  ancient  custom,  to  use 
akins  of  sheep  and  other  animals,  especially  in 
winter,  as  blankets  (Pollux,  x.  123;  Aristoph. 
Jfvb.  10). 

The  bedsteads  of  the  poorer  classes  are  de- 
signated by  the  names  ffKiyaeovf^  curxdmisi 
a  description  of  such  a  bed  is  given  by  Aristo- 
phanes (Pint.  540,  &c ;  compare  LytUtr.  916). 
Socrates  sleeps  on  a  CKifiwovs  (Plat.  Protag. 
310  C).  For  this  Kpdfifioros  is  used  by  New 
Testament  writers  and  in  Scholiasts;  it  is 
said  by  Salmasius  to  be  a  Macedonian  word, 
whence  its  use  in  Hellenistic  Greek  (see 
Butherford,  New  PhrynichuSj  p.  138).  The 
words  x^V^tf^  u^d  XN'^^**'^^^  which  originally 
signified  a  bed  of  straw  or  dry  herbs  made 
on  the  ground  (Theocrit.  xiiL  33 ;  Pint.  Lycurg. 
16X  were  afterwards  applied  to  a  bed  which 
was  only  near  the  ground,  to  distinguish  it 
from  the  K\(in|,  which  was  generally  a  high 
bedstead.  Xcyiff^ia  were  the  usual  beds  for 
slaves,  ioldien  in  the  field,  and  poor  citizens, 
and  the  mattresses  used  in  them  were  mere  mats 
made  of  rushes  or  bast.  (Pollux,  I,  c,  vi.  11, 
X.  7 ;  Becker^Gttll,  CharikU9y  iu.  74-81 ;  Guhl 
and  Koner,  143.) 

The  beds  cf  the  Romans  QecH  aibiculares)  in 
the  earlier  periods  of  the  Republic  were  probably 
of  the  same  description  aa  those  used  in  Greece ; 


LECTUS 

but  towards  the  end  of  the  Republic  and  dari 
the  Empire,  when  Asiatic  luxuries  were  i 
ported  into  Italy,  the  richness  and  magniiicec 
of  the  beds  of  the  wealthy  Romans  snrpa 
everything  we  find  described  in  Greece.  Ti 
bedstead  was  generally  rather  high,  so  that 
persons  reached  the  bed  by  means  of  a  footstool 
(scamnuia,  Varro,  L,  L.  v.  35,  46) :  it  wai 
veneered  with  costly  woods,  tortoiseshell  an4 
ivory  (cf.  aupra  on  icA/n}),  or  overlaid  with 
plates  (Jamnae)  of  gold  or  silver  (Mart.  ix.  2'1\ 
or  gold  leaf  (^acteae)  which  the  dishonest  slave  I 
scrapes  off  with  his  nail  (Mart.  viii.  33,  5).  The! 
aurei  lecti  (Cic  Tuac.  v.  21,  61;  Suet.  Jul.  4^> 
and  «&tfmt(Hor.  Sat.  ii.  6,  103)  were  no  doul't, 
as  G5ll  says,  not  solid  gold  or  ivory,  but  overlaid 
with  gold  and  ivory  =  tnatiro/^  dntrati:  so 
also  lecti  aerati  (Li v.  xxxix.  6)  were  overlaii 
with  bronze.  We  hear,  however,  of  mas»ire 
silver  bedsteads  (Petron.  73;  Lamprid.  Helitrj. 
29).  Often  the  feet,  too  (Juiord),  were  of  coid 
or  silver  (Verg.  Aen.  vi.  603 ;  Suet.  Claud.  3  J ; 
Prop.  iii.  5,  5,  iv.  7,  3 ;  Juv.  xi.  95).  Becker 
less  satisfactorily  takes  these /libera  as  eqnivalent 
to  scamnum  (supports  for  the  foot  in  moan  ting 
the  bed).  In  Propertius,  "  Cynthia  namqae  meo 
visa  est  incumbere  fulcro,"  the  foot  of  the  bed 
stands  for  the  bed  itself.  The  lectus  jMzcomnvt 
of  which  Martial  speaks  (xiv.  85)  was  inlaid 
with  variegated  woods,  c^rtis,  &c.,  of  many 
colours.  The  bed  or  mattress  (tonu)  with  th« 
pillow  (ctf/cito,  oervioal)  rested  upon  girths 
(fasciae^  inatitaef  reetee  or  funee :  Cic  de  2>i  o.  \L 
65,  134;  Mart.  v.  62 ;  Hor.  Epod.  xii.  12).  The 
two  sides  of  the  bed  are  distinguished  by  different 
names:  the  side  at  which  it  was  entered  wsb 
open  and  called  sponda ;  the  other  side  was  pro- 
tected by  a  board  and  called  plirieus  (Isid.  xr.  11). 
There  was  always  a  raised  head-board  at  one 
end;  sometimes  (as  also  occasionally  in  6re«k 
beds)  a  raised  foot-board  too.  The  two  sides  are 
also  distinguished  aa  tonu  exterior  and  torus 
interior  or  sponda  exterior  and  sponda  interior 
(Ov.  Amor.  iii.  14^  32 ;  Hor.  Epod.  uL  22  ;  Snet. 
Caes.  49).  The  ordinary  stuffing  (tomentwn)  of 
the  mattresses  and  pillows  was  woftl  (Plio. 
if.  N.  viii.  §  192),  for  cheaper  bedding  straw  or 
dried  reeds  (Hor.  Sat.  ii.  3, 117 ;  Mart.  xiv.  160), 
which  had  been  the  old>fashioned  material  (Plin. 
B".  N.  vitL  §  193)  in  less  luxurious  times.  Later 
feathers  were  commonly  used,  especially  for 
pillows ;  so  that  plwna  is  used  for  the  pillow 
itself  (e.g.  Juv.  vi.  88 ;  Propert.  iv.  or  iii.  7,  50 ; 
Mart.  xiv.  149).  Becker  wrongly  used  this 
passage  to  show  that  feather  tapestry,  like  the 


Lsctus,  In  which  the  usual  pluUu*  is  wanting.    (Fhun 
a  Pompelan  painting.) 

old  Mexican  work,  was  used  for  casings  by  the 
Romans:  pkuna  vmtiookr  is  merely  a  pillow 


LEcrrua 


LEGATUM 


19 


vitk  t  striped  coTering,  and  the  art  of  the 

ploauriu  is  not  what  Becker  imagined  (see 

GoU's  Bote  ott  Oaiius,  iii.  339 ;  Blumner,  Tecfm,  i. 

210;  asd  the  article  Pluxarics).    Ab  a  special 

iTisvrj,  HfliogabaJns  had  pillows  made  of  the 

S0&  pJimia^  under  the  partridge's  wing.    The 

UaaJDrti  or  ooonterpones  {vestes  stragutae)  were 

a  Tkh  houses  of  coctly  make,  dyed  purple,  and 

ecbfoideied  in  gold.     These  gold-embroidered 

OTcriits  were  calkd  AttcUicae  testes^  Attalioa 

uripeiasmata,  being,  as  Pliny  {K  N.  riiL  196) 

an,  fiist  used  by  Attains.    Hence  in  Propert. 

tiL  5,  5,  Attaliau  torut  is  used  for  a  bed  so 

coTiered.     The  name  dragula  belongs   both  to 

tiic  Usaket  on  which  the  occupant  lay  as  well 

as  that  which  corered  him,  but  the  latter  was 

fthctJj  caUed  cpertoritm  (Sen.  Ep,  87,  2). 

2.  The  Ucttu  tridmiaria  (for  the  use  and 
irraagement  of  which,  see  Cena  and  Tri- 
aixicx)  was  in  most  pointa  like  the  lectus  cubi" 
<adms.  It  was,  however,  lower,  as  may  be 
Ittheied  firam  the  use  of  scandere,  &c.  applied 
to  the  latter  (see  alio  Senr.  ad  Am.  iv.  685). 
It  bd  also^  at  least  m  most  cases,  a  phUeus,  as 
aiy  be  seen  from  Suet.  Col,  26;  Propert. 
tT.  (or  r.)  8,  68 :  and  this  appears  also  in  draw- 
inp^  At  one  end  only  there  was  a  raised  ledge 
fift  which  a  cnshion  was  placed,  and  on  this  the 
felt  aim  rested.  Among  the  Remans  it  held 
tbiM  penons;  among  the  Greeks,  two.  like 
t&«  bed,  it  had  a  mattress  (toms),  over  which 
c^Tcrleto  of  fine  stnfis,  ^'lyriae"  Testes,  ftc., 
vcie  thrown.  The  toral  was  a  sort  of  yalanoe 
ttum  the  tons  to  the  ground  (Becker-GSll,  ii. 
343)l  Some  hare  ihovight  that  the  amiaea  (Hor. 
&t  iL  8,  54;  OdL  iiL  29,  14;  Verg.  Aen.  i. 
t97)  were  a  canopy  over  the  lectns,  anid  so  G5ll 
oaiataiDs ;  hot  it  is  better  with  Marqnardt  to 
U^e  them  as  wall-hangings,  in  no  way  part  of 
the  lectns  (see  Aulaxa^  For  pictures  of  the 
itcbu  trioimiang,  see  Cbha. 

3.  The  kehtt  gemalU  was  the  marriage  conch 
t«  which  the  newly-married  were  led  by  the 
p'lwhi.  It  was  placed  in  the  atrium  opposite 
u«  doer,  and  heac$  was  called  kcitu  cukenus 
(Prop.  T.  11,  85;  Laberius,  op.  Gell.  xvi.  9> 
Wbca  a  new  marriage  took  plaoe^  it  was  again 
m^nd  {atrahu^  Cic.  Clu.  5, 14:  of.  Hor.  Ep. 
L >  87;  Ameh.  ii.  67;  Jnr.  z.  333).  Till  that 
thu  it  remained  mioocnpied  in  the  atrium :  by 
It  ia  eld  and  simple  times  sat  the  mistress  of  the 
ocose,  spinning  and  superintending  household 
verk.  ''Lncrctia  iiebat:  ante  dvtan  calathi 
^ne  mollis  ermt "  (Or.  Fad.  iL  739 ;  cf. 
Ann.  erf  Cie.  ifiiL  5, 13).  The  lechu  gmMia 
n»  higher  than  the  ordinary  bed,  and  ascended 
by  4^  **  gmdibos  aceliris  ebnmis,"  Locan.  ii. 
^*  C*Qna  simplid  scansaone  scandebant  in 
lactam  BOB  altnm  scabellnm,  in  altiorem  scam- 
£3a :  dsplicata  aeansao  gradus  didtnr,"  Varro, 
^  L  T.  168.) 

^-  The  issfas  /wniftniiornis,  often  simply  Udua 
rieadrfn,  and  in  Snet  Aug.  78  kdica  Aiou6ra- 
'•aha,  a  reading  conch  smaller  and  no  donbt 
ttiaily  ampler  than  the  bed,  but  otherwise  of 
each  the  same  eonstmction. 

Hen  the  Roman  of  literary  habits  spent 
Baca  of  his  day,  especially  in  the  morning, 
||«&Bf  and  writing:  to  this,  not  to  sleep, 
ogee's  "ad  qnartam  jaoeo"  refers,  and  the 
^«bs  m  his  plaee  of  mediUtion  (&I.  i.  4, 
^^X  SHffwriiM  Q.  CL)  teUt  na  that  Angnstns 


W&s  in  the  habit  uf  going  to  his  reading  couch 
after  dinner:  see  also  Pliny  the  yonnger's 
account  of  Spnrinna  {Ep,  iii.  1),  and  of  his 
uncle's  habits  {Ep.  iii.  5)  and  the  description  in 
Ep.  y.  5,  "  jacere  in  lectulo  suo  compositus  in 
habitum  studentis,  habere  ante  se  scrinium." 
The  ** habitus  studentis"  was  the  reclining 
posture  on  the  left  arm,  using  the  right  for 
writing  or  holding  the  book:  cf.  Ov.  Tritt.  i.  11, 
37 ;  Sen.  Ep.l2\  Pers.  i.  52. 

5.  Zec'^us  funebris,  also  but  less  frequently 
lectica^  and  in  Corn.  Nep.  Att  22  hcticula  (cf. 
Tac.  Bist.  iii.  67),  sometimes  in  poets  feretrum, 
the  couch  or  bier  on  which  the  dead  were  borne. 
They  were  sometimes  elaborately  ornamented. 
Dio  Cassius  (Ivi.  34)  thus  describes  the  bier  of 
Augustus :  kA/pij  i$y  I^k  re  4K4<lHurro5  ical  xpv(roD 
vcwonffi^yi}  jcal  oTo^fuurty  oKovpyoh  Ztaxpiffots 
(ue,  Attalicis  yestibus)  KtKfMffiyifiitnii.  For  other 
particulars,  see  article  FUNIJB,  and  Becker- 
G6H,  Qaitua,  iii.  508.  Representations  of  lecH 
fun^es  haye  been  found  on  seyeral  sepulchral 
monuments.    The  following  woodcnt  represents 


Lectus  ftmebris.  (From  an  andent  tombstone.) 

one  taken  from  a  tombstone.  [L.  S.]  [G.  £.  M,] 
LE'CYTIIUS  {K^iKvBos).  [Ampulla.] 
LEGATUM  is  defined  by  Florentinns  in  Dig. 
30,  116,  as  "delibatio  hereditatis  qua  testator 
ex  eo  quod  nniyersnm  heredis  foret  alicui  quid 
collatum  yelit:"  another  less  full  definition 
giyen  by  Uodestinns  in  Dig.  31, 1,  36,  and  prac- 
tically adopted  by  Justinian  in  Inst.  ii.  20,  1,  is 
**  donatio  testamento  relicta."  Thus  the  notion 
of  a  legatum  implies  both  that  of  a  testament 
and  that  of  a  uniyersal  succession.  There  might 
be  fideicommissa  or  trust  bequests,  but  there 
could  be  no  legata,  without  a  testament :  and 
by  a  testament  the  deceased  person's  vniveraUas 
juris  deyolyes  on  the  heir  or  person  tin  looo 
heredis  [Bonobum  PoflBESSio].  The  testator 
first  bestows  his  hereditas — ^the  aggregate  of  his 
proprietary  relations— on  his  heir  or  heirs,  and 
any  legades  which  he  may  proceed  to  giye  are 
so  much  deducted  from  what  the  hdr  would 
otherwise  haye.  And  the  rule  that  there  can 
be  no  legatnm  without  a  will  was  neyer  altered, 
though,  from  the  time  of  the  dassical  jurists 
onwards,  it  had  been  so  far  relaxed  as  to  admit 
the  yalidity  of  legacies  giyen  in  oodiciUi  con- 
firmed by  the  will :  ^  legatum  codidllis  relictum 
non  alitor  yalet,  quam  si  a  testatore  confirmati 
fuerint,  id  est  nisi  in  testamento  cayerit  testa- 
tor, ut  quicqnid  in  codidllis  scripserit,  id  ratum 
nt "  (Gains,  ii.  270  a).  The  fact  that  the  heir 
sufiered  by  eyery  legacy  giyen  explains  the 
phrase  ab  herede  legaref  to  giye  a  legacy  away 
from  the  heir  (Cic  pro  Cl%mL  12 ;  Dig.  30, 16). 
The  Roman  term  for  the  legatee  is  Ugatarius. 
He  did  not  succeed  in  any  way  to  the  uninersum 
jus  of  the  deceased  (Inst,  it  10,  llX  iu>d  for 
that  reason  ho  could  not  in  his  turn  be  charged 
with  the  payment  of  a  legatnm  out  of  what  was 
gifan  hinit  though  he  coold  be  saddled  with  a 

0  2 


20 


LEGATUM 


LEGATUH 


fideicomminnm :  **  a  legatario  legari  non  potest,** 
Gains,  ii.  271. 

The  word  legatum  contains  the  same  element 
as  lex :  legate  is  to  dispose  of  a  matter  (e.g, 
*'  legatum  negotium,"  Plant.  Cos.  i.  1,  12),  and 
it  is  nsed  in  this  comprehensire  sense  to  denote 
a  man's  testamentary  dispositions  in  general  in 
the  Twelve  Tables:  ** verbis  legis  xii.  tabn- 
larnm  his,  uti  legassit  suae  rei,  ita  jus  esto, 
latissima  potestas  tributa  videtur  et  heredes  in- 
stitnendi,  et  legata  et  libertates  dandi,  tntelas 
qnoque  constituendi,"  Dig.  50,  16,  120.  Ulpian 
accordingly  explains  the  word  legatum  by  refer- 
ring to  its  etymology,  and  likening  a  lentum  to 
a  lex  properly  so  called :  '*  A  legatum,'  he  says, 
'*is  that  which  is  left  by  a  testament,  l^ia 
modOf  that  is,  imperative;  for  those  things  which 
are  left  precativo  modo  are  called  fideicom- 
missa  **  (fieg,  24,  1).  Being,  as  contrasted  with 
a  fideicommissnm,  an  institution  of  the  juM 
civile^  it  had  always  under  the  older  Roman  law 
to  be  expressed  in  Latin  (Gains,  ii.  281 ;  Ulp. 
£eg.  2r*,  9),  and  (as  will  be  seen  below)  in  cer- 
tain set  forms,  civilia  verba,  A  legacy  which 
was  valid  or  good  was  legatum  utile ;  one  which 
was  void  was  inutile;  if  it  was  free  from  all 
conditions,  it  was  pwe  datum,  or,  as  is  said  in 
Dig.  36,  2,  5,  legatum  purum. 

Originally  there  were  four  forms  in  which 
alone  Tegata  could  be  given,  and  up  to  the  time 
of  Nero  (and  perhaps  far  later  still),  unless  they 
were  given  in  one  or  other  of  them,  they  were 
void.  These  forms  were  called  per  vmdico' 
iionem,  per  damnationem,  sthendi  niodb,  and  per 
praeceptionem.  A  legatum  per  vindieationem 
was  expressed  thus:  **L.Titio  hominem  Stichum 
do  lego ; "  or  '*  L  Titius  hominem  Stichum  sumito, 
capito,"  or  «sibi  habeto"  (Gains,  iL  193>  Ito 
name  was  derived  from  the  legatee's  remedy,  if 
anyone  in  possession  of  the  res  legato  refused  to 
give  it  up :  for  immediately  on  the  heir's  accept- 
ance of  the  inheritance  the  ownership  of  the  res 
tegata  vested  in  the  legatee  by  operation  of  law 
(whence  legatum  is  a  mode  in  which  ownership 
is  acquired):  it  became  his  ex  jure  Quiritium, 
and  he  could  maintain  a  real  action  (yindicatid) 
for  its  recovery,  though,  as  had  been  held  by 
the  Proculian  school  of  jurists,  whoee  view  was 
confirmed  by  Pius  Antoninus,  an  acceptance 
express  or  tacit  was  required  on  his  part  before 
the  property  became  deBnitely  his  (Gains,  ii. 
195).  There  was  a  similar  diflTerence  of  opinion 
jetween  the  Sabinian  and  the  Proculian  schools 
in  the  case  of  a  legacy  per  vindieationem  subject 
to  a  condition:  the  former  holding  that  the 
thing  belonged  to  the  heree  during  the  pendency 
of  the  condition,  while  the  latter  maintained 
that  in  the  interval  it  was  res  nullius  (Gains,  ii. 
200).  Nothing,  as  a  rule,  could  be  bequeathed 
per  vindieationem  which  did  not  belong  to  the 
testator  ex  jure  Quiritium,  at  the  time  both  of 
the  execution  of  the  will  and  of  his  decease, 
though  it  was  sufficient  if  the  so-called  res 
fungibiles  (**  res  quae  pondere,  numero  vel  men- 
sura  constant,"  e^,  wine,  oil,  com,  "pecunia 
numerata,"  &c.)  were  his  ex  jure  Quiritium  at 
the  latter  date  only  (Gains,  ii.  196 ;  Ulp.  Seg. 
24,  7).  If  the  same  thing  was  given  per  vindi>- 
cationem  to  more  than  one  person  either  jointly 
(ponjunctim,  v.g.  *'Titio  et  Seio  hominem  Stichum 
do  lego  ")  so  AS  to  make  them  eoUegatarU,  or 
severally    (df\iynatim,    e.g.    «*  Title    hominem 


Sticham  do  lego:  Seio  eundem  hominem  do 
lego  "),  each  took  an  equal  share :  the  share  oi 
any  who  failed  to  take  accrued  to  the  rest  in 
equal  portions  (Gains,  ii.  199). 

The  form  of  legacy  per  daaoMiatitmetn  was 
''Heres  mens  Stichum  servnm  dare  damnas 
esto  "  or  "  dato."  In  this  mode  a  testator  could 
lawfully  bequeath  property  which  belonged  tc 
anyone  (the  heir  being  bound,  if  it  belonged  to 
a  third  party,  to  do  ul  he  could  to  bnj  it,  or, 
if  this  was  impossible,  to  pay  its  valne  to  the 
legatee),  and  also  things  which  were  not  in 
existence  at  the  time  when  the  will  was  ezecated 
— e.g,  the  future  oflbpring  of  an  andlia  or  fenaaic 
slave.  The  result  of  acceptance  of  the  inhe- 
ritance by  the  heir  was  different  from  that  ia 
legacy  per  vindioatiamem :  the  res  legata  did  not 
become  the  property  of  the  legatee  by  operation 
of  law,  but  a  quasi-contractual  obligation  was 
established  between  him  and  the  heir,  by  virtue 
of  which  he  was  able  to  bring  an  actio  in  per- 
sonam  for  its  transfer  to  him  by  the  appropriate 
mode  of  conveyance  (mancipation  in  jure  cessio^ 
or  tradiHo},  If  the  legacy  was  of  an  ascer- 
tained sum  of  money  and  the  heir  denied  hb 
liability,  the  legatee  could,  on  proving  his  case, 
recover  twice  the  original  sum  Q^  infitaando  lis 
crescit  in  duplum,"  Gains,  ii.  283;  Ingt.  iii.  27, 
7).  There  was  a  difference,  too,  in  the  naatter 
of  joint  legatees.  If  the  same  thing  was  given 
per  damnationem  to  two  or  more  persons  con- 
junctim,  each  took  an  equal  share,  thongh,  if 
any  failed,  their  portion  fell  by  the  original 
law  into  the  hereditas,  and  did  not  accrue  to  the 
co-legatees :  but  the  Lex  Papia  made  it  oaducum^ 
and  gave  it  first  to  oollegatarii  who  had  children, 
then  to  the  heredes  who  had  children,  and  finally 
to  the  other  legatees  who  had  children ;  a  privi- 
lege alluded  to  by  Juvenal  (duloe  oaducutn^  iz« 
88).  Gains  says  fii.  208)  that  most  anthorities 
held  that  the  rtnes  of  the  Lex  Papia  as  to 
cadueitas  applied  also  to  **  conjunctive  '*  legacies 
given  per  i»fidiaiM>fi0iii.  In  the  case  of  a  legacy 
of  the  same  thing  given  per  damnaUonen^  tc 
two  or  more  persons  tJUejunctim,  the  heir  had  tc 
give  it  to  one,  and  pay  its  full  valne  to  each  ci 
the  rest  (Gains,  ii.  201-208).  , 

The  form  of  legacy  sinendi  modo  was  *<  hei 
mens  damnas  esto  sinere  L.  Titium  homini 
Stichum  sumere  sibiqne  habere:"  by  means 
it  a  testator  could  bequeath  anything  whi^ 
belonged  either  to  himself  or  to  lus  heir  at 
time  of  his  decease,  and,  as  in  the  previous 
the  legatee  had  merely  an  actio  w 
aeainst  the  heres,  though  it  was  doubted  whet] 
the  form  of  bequest  imposed  any  active  duty 
the  latter:  it  being  argued  that  his  only  oblii 
tion  was  to  allow  the  legatee  to  ''take'*  t| 
object  bequeathed  to  him.    This  difference 
opinion  led  to  a  similar  diflSculty  where 
same  thing  was  given  in  this  form  to  two 
more  persons  disjunctim:  it  being  questieni 
whether  the  whole  was  due  to  each,  or  whel 
on  the  principle  of  **  first  come  first  served 
heir's  obligation  was  not   altogether 
when  one  of  the  legatees  had  got  the  ret  kg* 
If  the  same  thing  was  left  to  two  or  in< 
oonjunctim,  they  took  it  in  common,  but  with< 
any  right  by  accrual  to  the  shares  of  any  w] 
failed  to  take  (Gains,  ii.  209-215). 

Legatum  per  praeceptionem  was  in  the  foi 
**  L.  Titius  hominem  Stichum  prascipito.* 


itisfii 


LE6ATXJM 

acboo]  held  thai  praedpere  here  meant 

''  pnedpenm  ■nmere,"  so  that  a  legacy  could  be 

left  in  tJus  way  only  to  one  of  two  or  more  oo- 

kiftda,  and  not  to  anyone  else:    the   legacy 

maiia;  no   more    than    that    the    testator 

wi^faai  one  of  his  heirs  to  hare  some  specific 

jiifce  of  his  property  rather  than  any  of  the 

reft.    CoBsietently  with  this  they  maintained 

that  the  only   action  by   which  the   legatee 

cooisl  get    the    m    lagata    was    that    allied 

famiiiae  ermctrndtu^  the  heir's  partition  soit, 

ud  siM   that    nothing    could    be    left    thus 

vhich  Tss  not  the  testator's  at  the  time  of  his 

deonsc :  and  finally  they  held  that  a  bequest 

in  this  fonn  to  anr  person  other  than  an  heir 

vat  Bot  Talidated  by  the    Senatusconsultum 

>'eroiusBimi  (of  which  belowX  because,  accord- 

Ib|  to  them,  that  enactment  related  only  to 

iatcu  of  form,  and  had  no  bearing  on  legacies 

«hiih  were  Toid  by  reason  of  the  incapacity  or 

disqualification  of  the  legatee.    The  Proculians, 

oa  the  other  hand,  were  of  opinion  that  a  legacy 

ccuid  be  giTcn  to  anyone  per  jpraeoepHonemf  its* 

e£«ct  beiag  much  the  same  as  if  the  form  had 

W«n  per  vmdioatkmemf  and  the  legatee's  remedy 

(js  in  that  case)  being  a  real  action :  and  Gains 

uTi  (il  221)  that  their  view  was  held  to  be 

stpported  by  an  enactment  of  Hadrian.    If  the 

um«  thing  was  thus  left  to  more  than  one, 

either  du/imeCm  or  ooi^'iMcfm,  each  had  only 

his  share.     P«r    vuMfibaiMMMoi,  praeoeptionem, 

lod  <n«Md£  fliodo^  only  rt$  oorptiralet  and  jura  in 

rt  aiiaa  eonld    be  bequeathed:   per  damna- 

tkntm,  anything  wbaterer  could  be  bequeathed 

which  could  be  the  object  of  an  obligation. 

The  importance  of  precisely  obsenring  these 

<<>nns  wss  oonsidanbly  diminished  by  a  senatus- 

csBsnlt  of  Ken^   A,D.   64:    <<Sc*.  Neroniano 

esBtttm  est,  ut  onod  minus  aptis  (ratis  ?)  yerbis 

Ugatom  est,  pennda  ac  si  Optimo  jure  legatum 

eiRt :  optimum  autcm  jus  legati  per  (Umna- 

tionon  est,"  Ulpian,  Beg.  24, 11.    The  effect  of 

Uus  seems  to  hare  been  that  a  legacy  giren  per 

^MfioaUouem,  emeadi  moda,  or  per  praeceptitmem^ 

vhich  would  hitherto  have  been  roid  owing  to 

ta«  neglect  of  some  formal  rule  applicable  to 

the  particular  form  employed,  was  now  to  be 

Ukea  to  haTe    been   giren  per  danmatkmem 

H  Gains,  iL  197,  212,  218,   220);    though 

Gaics'  words  in  |  218  suggest  that  the  senatus- 

otwdt  may  hare  dispensed  with  the  necessity 

«(  ohMTTing  any  one  of  the  four  established 

fonts  at  al(  while  it  still  zequired  the  use  of 

^•Atin.    Some  hundreds  of  years  later  testators 

vet  coaUed  by   enactments  of   Constantius, 

UL  339,  and  Tbeodoeius  II.,  A.D.  439,  to  giro 

^^poea  in  any   words   they    chose,    whether 

Grttk  or  Utin  (God.  6,  37,  21 ;  6,  23,  21,  6). 

Jvtiaiea   finally    assimilated   the    dril    law 

wgaioa  in  every  way  to  fideicommissa,  which 

ud  slways  been  goremed  by  lazer  rules,  both 

f*  to  foim  umI  subatance.    Any  superiority  in 

<<v  which  either  had  possessed  over  the  other 

^  ia  future  to  be  common  to  both,  and  the 

"^  of  a   bequest,  whether    technically    a 

'^ttm  or  a  fidetcommissnm,  was  to  be  re- 

^^cnd  by  the  beneficiary  by  the  most  appro- 

i|^  remedy,  real  or  pexaonal  (Insi,  ii.  20,  3). 

^  legatee  acquired  a  ''real"  right  to  the 

'^  ^9^  in  every  case  where  it  belonged  to  the 

^^*^t  and  in  no  other,  unless  indeed  the 

testator  himclf  tzpzwifd  a  contrary  intention 


LEGATUM 


21 


(Cod.  6,  43,  1):  he  acquired  a  personal  right 
against  the  heir  in  every  case,  and  this  was 
secured  by  a  statutory  hypotheca,  first  given 
by  Justinian  himself,  over  everything  which 
the  person  on  whom  the  legacy  or  fideicom- 
missam  was  charged  had  himself  received  from 
the  inheritance  (Cod.  6,  43,  2).    In  their  cele-    . 
brated  phrase  **  uti  legassit,"  &c.,  the  Twelve  ^ 
Tables  were  interpreted  to  have  given  testators 
absolute  freedom  to  dispose  of  their  property  as 
they  pleased.    The  result  was  that  they  were 
commonly  so  lavish    in  legacies  as  to   leave 
practically  nothing  to  the  instituted  herea^  so 
that  the  latter  refused  the  inheritance,  and  the 
deceased  became  intestate  (Gains,  ii.  224).    The 
Roman  dislike  of  intestacy  accordingly  led  to  a 
series  of  statutes  restricting  the  freedom  of 
testamentary    disposition    conferred    by     the  ^ 
Twelve  Tables.    The  first  of  these  was  the  Lex 
Furia  testamentaria,  B.C.  183  (Gains,  ii.  225,  iv. 
23,  24 ;  Ulpian,  £ea.  i.  2  ;  28,  7 ;  Varro,  3 ;  Cic 
pro  BalbOf  8),  which  imposed  a  penalty  of  four 
times    the    excess    upon   anyone    (except    the 
cognates,  if  any,  of  the  person  by  whom  the 
testator  had  been  emancipated  or  manumitted, 
Ulpian,  /.  c),  who  took  bv  way  of  legacy  or 
dontttio  mortU  causa  more  than  1000  asses  from 
the  same  person.    But  this  enactment,  as  Gains 
remarks,  altogether  £siled  in  its  object,  because 
it  did  not  prevent  a  man  from  giving  as  many 
several  thousands  to  as  many  persons  as  he 
pleased,  and  so  exhausting  the  estate.    The  Lex 
Voconia  (Cic  pro  Batbo^  1.  c ;  tn  Verr,  2,  1,  42, 
43  ;  de  SenecL  5 ;  de  Fm.  2,17;  de  Sepubl.  3, 
10),    fourteen    years    later   in    date,    enacted 
(according  to  Gains,  ii.  226)  that  no  one  should 
take  as  legatee  or  donee  morUa  causa  more  than 
the  heir  or  any  one  of  two  or  more  coheirs :  but 
in  reality  it  seems  to  have  only  been  a  relaxa- 
tion of  the  Lex  Furia  in   favour  of  wealthy 
testators ;  any  person  ranked  in  the  first  class 
of  the  census  as  possessing  100,000  sesterces  or 
upwards  (Cic.  in  Verr,  1.  c.)  being  allowed  to 
bequeath  away  as  much  as  he  pleased,  provided 
no  legacy  or  gift  mortis  causa  exceeded  the  pro- 
portion specified.    In  any  case  it  was  no  less  a 
failure  than  the   Lex    Furia,  because   by  the 
testator    distributing    his     property     among 
numerous  legatees  tiie  heres  might   have   so 
small  a  portion  as  not  to  make  it  worth  his 
while  to  assume  the    burdens    and  liabilities 
attached  to  the  hereditas.     The  Lex  Falcidia 
(Dio  Cass,  xlviii.  33 ;   Plin.  Ep,  5,  1 ;   Isidor. 
Urigg,  5,  15),  passed  ii.c.  40,  eventually  pro- 
vided a  satisfactory  remedy  by  enacting  that, 
if  a  testator  gave  more  than  three-fourths  of  his 
property  in  legacies,  these  must    abate    pro- 
portionately, the  heir  or  heirs  being  in  all  cases 
entitled  to  a  clear  fourth  of  the  inheritance  (see 
Gains,  iL  227;  Inst,  iL  22).     After  the  Lex 
Julia  vicesimaria  the  state  had  a  direct  interest 
in  the  upholding  of  testaments,  and  so  in  the 
Lex  Falcidia,  so  that,  if  a  testator  forbade  his  heir 
to  deduct  the  ''Falddian  fourth,"  the  jurists 
held  the  prohibition  void :  but  by  Justinian  this 
was  allowed  {Nov.  i.  2;  cxix.   11>     For  the 
extension  of  the  principle  of  the  Lex  Falcidia  to 
trust  bequests   [Fidexcommissum],    see  Gains, 
iL  254;  Inst.  U.  23,  5;  Dig.  35,  2,  18 :  and  to 
donationes  mortis  causa.  Dig.  24,  1,  32,  1 ;  31, 
77,1. 
The  chief  mlet  as  to^  the  necenary  form 


22 


LEGATUM 


LEGATUM 


of  legacies  hare  already  been  touched  on. 
Under  the  older  law  it  had  been  impossible 
Talidlj  to  giye  a  bequest  before  the  institution 
of  the  heir,  becanse  the  latter  was  **capat  et 
fandamentnm  totios  testament!  **  (Gains,  ii. 
229X  but  this  restriction  was  eventually 
remoyed  by  Justinian  (/ns<.  ii.  20,  34).  The 
other  grounds  upon  which  a  legacy  might  be 
Toid  are:   (1)  The  character  of  the  legatee; 

(2)  the  character  of  the  bequest  itself;   and 

(3)  the  legal  character  of  the  res  legato, 

1.  A  legacy  was  void  if  left  to  a  person  who 
had  not  the  commercnim  (in  particular  peregrim), 
for  without  the  commerciuni  he  had  no  testae 
mentifactio.  Latini  Juniani,  though  possessed 
of  commerdum,  were  expressly  disabled  by  the 
Lex  Junia  Norbana  from  taking  any  benefit 
under  a  will  either  as  heirs  or  legatees  (Gaius, 
i.  23,  24)  [Latinitas].  Until  quite  late  again 
in  the  history  of  Roman  law,  no  legacy  could  be 
ralidly  given  to  incertae  persorute  (including 
postvmi  alieni,  children  unborn  at  the  making  of 
the  wiU,  and  who  on  being  born  would  not  be 
in  the  testator's  potestas):  an  incerta  persona 
being  one  of  whom  the  testator  had  no  determi- 
nate conception  {**  quam  per  incertam  opinionem 
animo  suo  testator  subjicit/'  Gains,  ii.  238). 
But  even  in  Gaius's  time  a  legacy  to  an  meerta 
persona  **  sub  certa  demonstratione "  was  good 
(e.g.  "ex  cognatis  meis  qui  nunc  sunt,  qui 
primus  ad  funus  meum  venerit,  ei  decern  milia 
heres  mens  dato,"  Gains,  t.  c);  and  between 
the  times  of  Gains  and  Justinian  the  rule  about 
incertae  personae  was  gradually  so  broken  down 
that  in  the  latter's  legislation  its  only  remain- 
ing trace  is  that  certain  corporations  cannot 
vuidly  be  either  instituted  heirs  or  made 
legatees  without  special  permission  from  the 
emperor.  Lastly,  the  Proculian  school,  arguing 
on  the  so-called  '^  regula  Catoniana  "  (Dig.  34, 
7, 1),  held  that  no  legacy  could  validly  be  given 
to  any  person  in  the  power  of  the  instituted 
heir.  The  Sabinians,  whose  view  was  adopted 
as  law  by  Justinian  {Inst.  ii.  20,  32),  were  of 
opinion  that  a  legacy  might  well  be  given  to 
such  person  <ii&  conditioner  i.e.  provided  he  was 
not  in  the  power  of  the  heir  when  the  latter 
accepted  the  inheritance;  while  Servius  Sul- 
picius  had  thought  such  a  bequest  good  at  the 
outset,  even  though  unconditionally  expressed ; 
though  liable  to  become  void  by  the  legatee 
being  in  the  instUutut^  power  at  the  testator's 
decease  (Gains,  ii.  244).  A  legacy  to  the 
dominus  or  paterfamilias  in  whose  potestas  the 
instituted  heir  was  was  not  void  (according  to 
Gains,  ii.  245,  confirmed  by  Justinian,  ii.  20, 33), 
though  it  would  be  extinguished  if  the  dominus 
or  paterfamilias  became  heir  through  the  insti- 
tuted slave  or  son,  because  a  man  could  not  owe 
a  thing  to  himself :  but  if  the  son  was  emanci- 
pated, or  the  slave  was  manumitted  or  trans- 
ferred to  another,  so  that  the  former  became 
heir  for  himself,  or  the  latter  made  another 
person  heir,  the  legacy  was  due  to  the  father  or 
former  master.  Ulpian,  however,  had  held 
such  a  legacy  void  eh  initio  (Reg.  24,  24). 

2.  Legacies  given  to  take  effect  only  after  the 
death  of  the  heir  (e.g.  in  the  forms  ^  cum  heres 
mens  mortuus  erit"  or  ''pridie  quam  heres 
mens  morietur*^  were  void  under  the  earlier 
law,  though  Gains  says  (ii.  232)  that  in  the 
form  **  cum  heres  morietur  "  or  '*  moriatur  "  they 


were  good :  a  distinction  which  he  himself  oon* 
siders  was  *'non  pretiosa  rations  receptom.'* 
Under  Justinian,  however,  all  these  forms  were 
equally  valid  (Inst.  IL  20,  35).  Similarly,  np 
till  the  time  of  that  emperor,  legacies  giren 
poenae  fiomme,  i.e.  for  the  purpose  of  inducing 
the  heir  to  do,  or  not  to  do,  some  particular  act 
(e.g.  **8i  heres  mens  filiam  suam  Titio  in  matri> 
monium  coUocaverit,  decem  milia  Seio  dato,** 
Gains,  ii.  235),  were  void:  but  Justinian 
repealed  this  rule  except  where  the  act  or  for- 
bearance which  the  testator  wished  to  secure 
was  either  illegal  or  contra  Ixnos  mores  (Inst.  iL 
20,  36). 

3.  A  legacy  of  a  res  extra  commerdum  (e.g.  s 
basilica  or  a  temple)  was  void'(/n«^.  ii.  20, 4); 
as  also  was  one  of  property  which  at  the 
moment  of  the  execution  of  the  will  alreadj 
belonged  to  the  legatee  (»6.  10). 

The  objects  of  a  legatum  (things  which  coaU 
be  bequeathed)  comprise  tangible  objects, 
whether  the  testator's  own  or  some  other 
person's  (the  heir  in  this  case  being  bound  to 
try  and  get  them  for  the  legatee,  otherwise  to 
pay  him  their  value,  Inst.  ii.  20,  4),  and 
whether  actually  in  existence  or  not,  provided 
they  probably  will  exist  at  some  future  time 
(j&.  7;  Gains,  ii.  203):  release  from  a  debt 
owed  to  the  testator  by  the  legatee  (i&.  13),  or 
money  owed  to  the  latter  by  the  testator,  pro- 
vided the  legacy  put  him  in  a  better  positioD 
than  he  was  in  before  (t6.  14) :  claims  of  the 
testator  against  third  persons,  the  heir  beio^ 
bonnd  to  assign  the  legatee  his  rights  of  sctioD 
against  them  (•&.  21);  in  fact,  any  act  or  fb^ 
bearanoe  which  could  lawfully  be  the  object  of 
an  obligation  in  general :  and  finally  servitades 
and  other  jura  tn  re  aliena.  By  a  senatnscoo- 
sultum  passed  about  the  end  of  the  Republic,  it 
became  possible  to  create  by  legacy  a  quasi- 
nsufmct  of  ^  res  quae  nsu  consnmantur  **  {e.g. 
wine),  which  could  not  be  done  by  agreemeot 
inter  ffivos  (Cic.  Ihp.  3;  Inst,  ii.  4,  2).  Bat 
the  legacy  need  not  be  of  any  single  thing, 
corporeal  or  incorporeal,  nor  even  of  as? 
aggregate  of  them :  the  heir  might  be  directed 
to  transfer  a  half  or  any  other  definite  quota  of 
the  hereditas  to  B,  legatee  (*4egatum  partitioni^," 
Cic  de  Legg.  ii.  20 ;  pro  Caec.  4 ;  Ulpian,  Hfg- 
24,  25).  In  such  a  case  the  instituted  heir  not 
unfrequently  refused  to  accept  unless  guaranteed 
pro  rata  portione  against  creditors'  claims  and 
other  expenses,  so  that  it  became  usual  for  the 
heir  and  partiary  legatee  to  enter  into  a  formal 
contract  (**  stipulationes  partis  et  pro  parte  "7^ 
by  which  the  latter  engaged  to  indemnify  the 
former  against  liabilities  in  proportion  to  the 
share  of  the  estate  transferred  to  him,  and  the 
former  that  he  would  hand  over  to  the  legatee 
his  fair  proportion  of  the  assets. 

A  legacy  might  be  transferred  from  the 
legatee  to  another  person,  or  altogether  taken 
away  by  another  will,  or  codiciUi  confirmed  hr 
the  original  testament  (Inst.  it.  21):  it  might 
also  be  revoked  by  erasure  of  the  gift  from  thr 
will  (Dig.  34,  4,  16  and  17),  or  tacitly  by  any 
act  fVom  which  it  could  be  gathered  that  the 
testator  no  longer  wished  the  legatee  to  hare  it 
'—e.g,  by  alienation  of  the  res  legata  in  the 
testator's  lifetime  (Inst.  ii.  20, 12;  Dig.  34^  ^f 
15). 

The  aoqoiiition  of   legata  depends  on  the 


LEGATUS 


LEGATUS 


23 


m«iBiiif  of  two    ezpresriona — *^dies    (legati) 
raiiit,"  and  "  dies  (l^S^^^O  ^^W  which  mark 
tfto  pguts  of  time  in  the  hbtory  of  the  legatee*! 
rights.    Dm  ctOt  means  that  he  aoqnirea  a 
prorisioiial  right  to  the  heqaest :  a  right  which 
be  an  eoly  lose  by  failure  of  all  instituted 
b«irs  to  accept  under  the  will,  so  that  if  he  dies 
ifioiNdistel  J*  after  diet  cedBt^  but  before  dies  venit^ 
tijt  ripbt  passes  to  his  heir.    The  date  of  this 
vK  the  testator^a  decease  (altered  by  the  Lex 
Ftpis  Poppaea  to  the  opening  of  the  will,  but 
ta«  old  nle  was  restored  in  Justinian's  time)^ 
ulcss  the  legacy  was  subject  to  a  condition 
precedent  or  a  dks  ex  quo  (e.g.  six  months  after 
icv  decease),  in  which  case  <&  oedit  only  on  the 
fiUfilmeDt  of  the  condition  or  the  arrival  of  the 
iLes.    Die$  temt  means  that  the  legatee  acquires 
a  right  to  demand  the  m  legata  by  action :  its 
date  is  acceptance  of  the  inheritance  by  the 
heir,  Qnless  dieM  oedit  itself  occurs  later  by 
reason  of  a  condition  precedent  or  a  din  ex  quo, 
(Gsias  IL  191-245;  Intt,  ii.  20;  CJIpian,  Beg. 
24;  PdoL  Sent  recvLS\  Dig. 30-32;  Cod.  6, 
o7;  6,  43;  Boashirt,  Die  Lehre  wn  den  F«r- 
noL^^mtsai    nook    rdm.    Bechte,    Heidelberg, 
l&io.)  [G.  L.]    rj.  B.M.] 

LEGATUS  is  a  person  dispatched  on  an 
e&dtl  miSBiony  jnst  as  the  neuter  iegaium  a 
ostd  of  property  of  which  the  succession  is 
dttennined  with  legal  formality  by  the  testator. 
The  precise  meaning  of  legatus  changes  accord- 
ing to  the  nature  of  the  mission,  but  the  idea 
inherent  in  the  word — that  of  official  appoint- 
ment for  a  definite  purpose — is  the  same 
tiironghout  the  history  of  the  Roman  const!* 
tatioo. 

The  vaiions  uses  of  tn   word  may  be  reduced 
to  two^  under  one  or  other  of  which  the  rest 
mar  be  conreniently  clsssed :  riz.  1.  legatus  = 
an  envoy  dispatched   by  a  magistrate,  under 
adrioe  of  the  senate,  for  some  object  of  diplo- 
Dscy,  mqniry,  or  organisation ;  2.  legatus  =  a 
penoa  formally  attached  to  a  general-in-chief 
rr  pnrrincial  goyemor,  as  lieutenant  or  staff- 
officer.    Though  it  will  be  convenient  to  con- 
uder  these  two  usages  separately,  it  must  be 
ofaserred  that  there  is  no  difference  between 
them  ii  constitutional  law.    The  principle  of 
af^MHtttment  was  the  same  in  both  cases ;  and 
the  fonn  of  it  also,  as  will  be  shown,  remained 
t«diaically  the  same  at  all  times;    all  state 
lefsti  being  in  the  eye  of  the  law  the  messengers 
of  the  magistrata  presiding  in  the  senate  at 
the  time  the  appointment  was  made.    Varro 
(^  Z.  V.  87)    defines    both    kinds  of  legati 
ui  a    single    sentence,    and    treats   them    as 
csotially  the  same :  "  Legati,  qui  lecti  publico, 
qnomm    opera     consilioque    uteretur  peregre 
Bagifltratas  (2\  quive  nuntii  senatus  aut  populi 
(ucat  (l).**    Cicero  also  (tn   Vatin.  15,  35), 
vhea  tttacking  Vatinius  in  56  B.C.  for  obtaining 
a  legatio  without  a  decree  of  the  senate,  ex- 
claims :  *^  Adeo  affiictus  senatus,  adeo  misera  et 
pnttrata  respubtica,  ut  non  nuniios  paois  atque 
^  son  ordtorws,  non  hUerpretee,  (1)  non  bidU 
("^u  mkiere$f  non  mmistros  munerie  provin- 
^*^   (2)   senatus    more    majorum    deligere 
pvssvt? "    From  these  passages  it  is  plain  that 
''^sti  only  differed  in  respect  of  the  duties 
'otrosted  to  them,  and  that  thooe  duties  were  in 
the  ashi  of  two  kinds.    We  proceed  to  consider 
tk«twoin 


I.  Legaii  as  State  JSnvoys  (legati  tid  aUquem), 
— The  first  appearance  of  legati  of  this  kind 
is  in  the  year  456  B.C.,  when  three  envoys, 
whose  names  are  given  by  Livy  (iii.  25),  were 
sent  to  the  Aequi  **questum  injurias  et  ex 
foedere  res  repetitum."  Up  to  this  time  it 
would  appear  that  the  duties  of  diplomacy  and 
treaty-making,  which  in  the  earliest  times  were 
doubtless  simple  and  straightforward,  had  been 
discharged  by  the  college  of  Fetiales  (Liv.  i.  24). 
But  fh>m  456  B.C.  onwards  Livy  constantly 
makes  mention  of  legati  sent  on  missions  of 
Tarious  kinds,  but  chiefly  employed  in  nego- 
tiation, while  the  function  of  the  Fetiales  seems 
to  have  been  restricted  to  the  actual  declaration 
of  war.  Thus  Varro  writes  (ap.  Nonium, 
p.  529),  '*priusquam  indicerent  bellum  iis  a 
quibus  injurias  factas  sciebant  fetiales,  legates 
res  repetitum  mittebant  quattuori  quoe  oratores 
▼ocabant." 

Mode  of  appointment. — In  the  earliest  instance 
just  referred  to,  we  are  not  told  how  the  legati 
were  appointed ;  but  from  Livy's  language  in 
subsequent  cases  it  may  be  gathered  that  the 
usual  and  natural  method  was  for  a  magistrate 
to  consult  the  senate  on  the  advisability  of 
the  mission,  when  a  senatusconsultum  would 
authorise  him  to  select  the  envoys  (Liv.  t.  35  ;: 
xxix.  29;  xliii.  1.  See  also  the  <' Senatus- 
consultum de  Thisbanis,"  in  the  Ephemeris 
EpigraphicOy  rol.  i.  p.  279 ;  Mommsen,  Stoats' 
recktf  2nd  edit.,  vol.  ii.  pt.  1,  p.  658>  But  there 
can  be  no  doubt  that  from  an  early  period  the  part 
played  by  the  senate  in  their  appointment  came 
to  be  regarded  as  the  essential  one;  and  thus 
Cicero  could  expostulate  with  Vatinius,  in  the 
passage  already  quoted,  for  having  violated  im- 
memorial usage  in  becoming  a  legatus  without 
the  authority  of  the  senate.  ^  Ke  hoc  quidem 
senatui  relinqnebas,"  he  goes  on,  ''quod  nemo 
unquam  ademit,  ut  legati  ex  ejus  ordinis 
auctoritate  legerentur  "  (m  Vat  15,  35).  There 
is  no  known  instance  of  the  authorisation  of 
legati  in  this  sense  by  the  people  in  Comitia, 
though  the  language  of  Varro  {cqt.  Non.  p.  529)  • 
must  be  taken  to  imply  that  there  was  nothing 
to  prevent  it.  But  when  Polybius  (i.  63^- 
writes  of  the  drjfios  sending  ten  commissioners 
to  an-ange  terms  of  peace  after  the  First  Punic 
War,  he  may  be  either  writing  loosely  and 
without  marking  the  special  form  of  procedure, 
or  these  commissioners  may  have  been  rather* 
independent  quasi-magistrates  for  making  peace, 
of  the  same  kind  as  those  appointed  under 
agranan  laws  for  the  division  of  land,  and  not 
legati  in  any  strict  sense  of  the  word.  (Cf. 
Mommsen,  StaaUrecltty  ii.  pt.  1,  p.  624,  with 
Willems,  Le  S€nat  de  la  B^publique,  ii.  475^ 
note.) 

The  selection  of  the  individual  envoys  rested,, 
as  we  saw,  technically  with  the  magistrate;, 
but  towards  the  close  of  the  Republic  it  would, 
seem  that  the  choice  was  sometimes  made  by  lot 
(tortitio)  from  the  several  ranks  of  senators 
(ponsulares,  praetoni\  &c.).  An  example  of  this 
method  occurs  in  Cic  ad  Att.  i.  19,  3;  and 
Tacitus  (Hist  iv.  6,  8)  writes  as  though  it  had 
once  been  a  common  practice  ("  Vetera  exempla, 
quae  sortem  legationibus  posuissent ").  This 
must  be  regarded  as  a  departure,  characteristic 
of  the  last  age  of  the  Republic,  from  the  strict 
form  of  pr^edure,  induced  no  doubt  by  the 


ft* 


24 


LEOATUS 


profit  attaching  to  oomminioiu  of  this  kind, 
and  by  the  consequent  strenuoua  competition  for 
them. 

QiuUificatwn, — ^It  was  the  general  practice  to 
select  senators  only  (Cic.  Att.  xiii.  20,  3),  and 
such  senators  as  were  not  at  the  time  holding 
office,  w&ch  woald  disqualify  them  for  duties  at 
a  distance  from  Home ;  but  there  seems  to  hare 
been  no  definite  rule,  for  we  have  one  or  two 
instances  in  which,  on  an  emergency,  non- 
senators  were  chosen  (Lir.  iy.  52,  '^  consules  . . . 
coacti  sunt  binos  equites  adjicere:"  cf.  Lir. 
xxxi.  8).  In  almost  all  important  missions,  one 
legatus  at  least  was  a  contularis  ;  if  there  were 
two,  the  senior  consularis  was  princeps  lega* 
tkmtt  (Sail.  Jug.  16).  Eren  in  the  large  lega- 
tiones  of  the  late  Republic,  the  practice  of 
employing  ex-magistrates  for  the  most  part  still 
held  good,  and  exemplifies  the  importance 
attached  by  the  Romans  to  official  experience,  in 
this  as  in  other  public  duties.  Thus  the  legatio 
of  189  B.C.  which  settled  terms  of  peace  with 
Antiochus  consisted  of  three  consulares,  four 
praetoriani,  and  three  quaestorii  (lir.  xxxrii.  55 : 
cf.  Cic.  AtU  L  19  ;  Willems,  Le  Senate  ii.  506> 

NunAer, —  In  the  earliest  legationes,  the 
number  of  legati  was  three  (Lir.  iii.  25,  6; 
Dionys.  Hal.  ix.  60,  xix.  13,  17).  But  we  hare 
instances  of  legationes  consisting  of  two,  four, 
and  six  members,  and  most  embassies  after  the 
Second  Punic  War  were  of  ten  (Lir.  xxxiii.  24 ; 
xxxrii.  55;  xlv.  17).  Single  legati  are  found 
from  time  to  time  (Liv.  xxi.  8,  4,  '*  ad  helium 
indicendnm ; "  cf.  xxxiii.  39  and  xxxix.  48).  It 
has  been  supposed  that  when  a  single  legatus  is 
thus  mentioned,  we  are  to  understand  Uiat  the 
priHoepa  legatkmii  is  put  for  the  other  members ; 
but  it  is  clear  from  the  practice  of  granting 
lUberae  kgaUonn  (to  be  explained  directly)  to 
indiTiduafs,  that  there  was  no  definite  rule 
against  the  appointment  of  single  legati.  (For 
full  details  as  to  the  number  of  members  of 
a  legatio  see  Willems,  Le  Shwif  roL  ii.  p.  499 
foa). 

AtUhority  and  BesponsHriliiy.^'^o  legatus 
could  hold  impmiun,  for  imperium  conid  not  be 
delegated ;  their  powers  may  best  be  expressed 
by  the  word  auctoritat;  i.e.  they  acted  under 
the  sanction  of  the  home  goremment.  Being 
aa  a  rule  imable  to  communicate  easily  with  the 
authorities  in  Rome,  they  would  naturally  be 
given  much  freedom  in  their  dealings  with 
foreign  governments,  and  were  in  fact  plenipo- 
tentiaries ;  but  on  the  subject  of  their  instruc- 
tion (mandatd)  and  responsibility  we  have  hardly 
any  information.  It  is  not  till  quite  at  the 
close  of  the  Republic  that  we  find  any  trace  of  a 
legalised  responsibility,  beyond  the  mere  decla- 
ration in  the  senate  of  the  results  of  their 
mission  (e^,  lir.  xlv.  13),  which  might,  how- 
ever, be  made  the  opportunity  of  an  attack  on 
their  proceedings,  as  we  see  from  Liv.  xlii.  47, 
where  the  impeachment  was  (no  doubt  as  usual) 
unsuccessful.  We  have  an  example  of  the 
successful  impeachment  of  legati  by  means  of  a 
lex  instituting  a  quaeetio  exiracrdinaria  to  try 
them,  in  the  year  110  B.C.  (Sail.  Jug,  40);  but 
these  legati  were  not  state  envoys  of  the  kind 
now  under  discussion  (i&.  ch.  28).  It  was 
Caesar's  law  de  repetundiSf  of  59  B.C.,  which  first 
made  all  kinds  of  legati  liable  for  misdoing 
in  their  office  (Dig.  48, 11,  1):  but  this  law 


LEGATUS 

apparently  touched  them  only  in  ao  far  as  they 
had  been  guilty  of  pecuniary  corruption  or 
extortion. 

Emolumenta.  —  All  legnti  travelled  at  the 
expense  of  the  state  (Zonaras,  viii.  6),  to  which 
they  were  entitled  by  virtue  of  the  ring  which 
they  wore  (see  Zonaras,  viii.  6 ;  MommseB, 
SUuUarecht,  i.  301;  and  article  Anulcs).  A 
ship  or  ships  of  war  were,  on  important  occa- 
sions, allotted  them  for  transport  (Liv.  xxix.  11 ; 
XXX.  26).  It  seems  also  that  in  the  last  age  of 
the  Republic  one  or  two  lictors  were  allowed 
them,  at  the  discretion  of  the  provincial  governor 
in  whose  province  they  travelled  (Cic.  Fam.  12, 
21 ;  cf.  12,  20).  All  were  personally  inviolable, 
as  were  the  envoys  of  foreign  peoples  in  Italy 
(Liv.  iv.  17  foil. ;  Tac  Hist.  iU.  80 ;  Pomponio^ 
inDig.  50,  18> 

Legatio  libera, — The  advantages  and  emoltx- 
ments  just  mentioned  led  to  a  scandalous  abiue 
of  the  legatio,  which  came  into  vogue  in  the 
last  century  of  the  Republic,  when  rich  senators 
frequently  had  private  business  and  interests  in 
the  provinces.  In  order  to  maintain  a  state  snd 
dignity  which  would  place  him  at  an  advantage, 
and  give  him  practically  the  statua  of  an  sm- 
bassador,  a  senator  could  obtain  from  the  senate 
a  free  mission  (legatio  /t&tfra)  on  stating  the 
province  for  which  he  desired  it,  and  perhspe 
also  the  nature  of  his  affairs  (Cic.  Fam,  12, 21 ; 
Att.  4,  2,  6).  This  practice  became  such  s 
scandal  in  Cicero's  time,  that  he  made  a  vigorous 
attempt  in  his  consulship  to  abolish  it ;  but  the 
feeling  was  so  strong  against  him  in  this  effort 
at  reform,  that  a  tribune  was  found  to  interpose 
his  veto,  and  Cicero  waa  forced  to  be  content 
with  a  senatusconsultnm  limiting  these  iega* 
tiones  to  one  year  (see  ad  Att,  xv.  11,  4;  (fe 
Leg.  iii.  8,  18,  iii.  3,  9).  A  law  of  the  dicUtor 
Caesar  confirmed  this  limitation ;  but  the  legatio 
libera  was  not  abolished,  and  we  hear  of  it  under 
the  Empire  (Suet.  Tib.  31 ;  Dig.  50,  7,  1S> 
Cicero  gives  a  very  definite  opinion  of  the  abase 
he  tried  to  remedy:  ^'apertum  est  nihil  eise 
turpius  quam  est  quempiam  legari  nisi  reipnb- 
Ucae  causa  "  (de  Leg.  iii.  8,  18) :  but  what  had 
once  become  a  senatorial  prerogative  easily  lost 
the  taint  of  itnmorality  in  the  minds  of  the 
privileged  capitalist. 

Legati  a»  Envoys  under  the  Umpire, — When 
the  Republic  came  to  an  end,  all  negotiations 
with  foreign  peoples  passed  into  the  hands  o( 
the  princeps,  who  appointed  his  own  deputies  bjr 
virtue  of  his  unlimited  proconsulare  tmpmtfiA 
(Mommsen,  Staatsrecht^  ii.  892).  The  right  of 
the  senate  to  send  legati  remained,  however,  in 
theory ;  and  we  find  them  sending  deputations 
to  the  princeps  when  he  happened  to  be  in  the 
provinces  (Tac.  Hist,  iv.  6-8 ;  Dio  Cass.  lix.  23). 

Legati  m  the  sense  of  Envoys  from  foreign 
peopleSi^Tht  word  iln/aftiswas  used  by  oourtetfy 
of  an  ambassador  from  another  state.  All  such, 
if  coming  from  a  friendly  power,  were  inviolable 
(Dig.  50,  18),  and  treated  with  high  consideis- 
tion.  They  were  lodged  and  boai^ed  (Ujcvs  et 
lautia)  at  the  public  expense,  and  sometimes 
presented  with  gifts  (lav.  xxviii.  39;  xxiv.  23; 
Senatusconsultnm  de  Asclepiade,  line  8  of  the 
Latin  version).  On  arriving  they  gave  in  their 
names  to  the  praetor  or  quaestor  urbanus  at  the 
temple  of  Saturn  (Liv.  x.  45 ;  Plut.  Quaest.  Som- 
43)t  and  in  due  time  were  introduced  to  the  saaate, 


LE6ATU8 

vhcrt  t&ejr  tUtcd  the  object  of  their  mission ; 
this  wa  done  in  Latin  or  throngh  im  interpreter 
dovD  to  the  list  half-centnry  of  the  Republic, 
vbrfl,  is  all  educated  Romans  spoke  Greek, 
thitj  htga  to  be  allowed  to  uae  that  tongue  if 
tktf  wished.  (Scero's  rhetorical  teacher,  Molo, 
wif  Ute  fint  to  whom  this  pririlege  was  granted 
(7«I  Max.  u.  2, 3>  When  they  had  made  their 
statoment,  they  were  liable  to  be  questioned  by 
tadiTidnal  senators  (liy.  xzx.  22),  under  the 
Bsaal  formalities  of  senatorial  procedure ;  they 
tken  withdrew  to  a  platform  outside  the  Curia 
Oiled  the  GraecostasH  (Yarro,  L.  L.  r,  155), 
wiiere  they  waited  until  called  back  to  hear  the 
xtspam  of  the  senate  (Lir.  zztL  32,  zxx.  22) ; 
«r  ii  was  communicated  to  them  by  a  magistrate 
(Lit.  xh.  20).  Occasionally  it  happened  that 
the  senate  had  too  mnch  business  on  hand  to 
allow  tbem  to  gire  audience  to  all  the  enroys  in 
Home ;  io  this  case  a  committee  of  experienced 
te&ators  was  appointed  to  hear  them  (Li  7. 
xxiir.  57 ;  PolylC  xxiiL  4 ;  Senatusoonsultum 
dc  Thisbaais,  line  11,  in  Epkemeria  EpigrapMoa^ 
ToL  i.  p.  279).  That  the  business  became 
ardootts  as  the  Empire  increased  may  be  gathered 
(1)  from  the  tradition,  recorded  by  Plutarch 
{i^^aoL  £om^  43X  that  the  enroys  ceased  to  be 
giren  hait  H  kndia^  sare  the  most  distinguished, 
cvisg  to  their  great  numbers ;  (2)  from  what 
ve  know  of  tw9  laws,  the  Lex  Papia  and  the 
Lex  Gtbinia  (both  of  oncertun  date,  but  the 
latter  either  of  67  or  58  B.C.X  which  ordained 
that  tbe  senatorial  sittings  of  the  month  of 
Febraajy  should  be  entirely  deroted  to  this 
kiad  of  busineM  (Cic.  Fam,  L  '4,  1 ;  Q,  Fratr. 
ilUS). 

If  the  enToys  were  from  a  nation  at  war  with 
Boae,  they  were  received  with  great  caution. 
Tbtj  were  not  admitted  into  the  city,  but,  if  an 
tttdieaoe  were  granted  them,  were  lodged  in  the 
Cunpas  Martius,  and  the  senate  met  in  the 
temple  of  Bellona  or  in  that  of  Apollo  (extra 
vW,  lir.  zxxiT.  43;  Festus,  s.  t.  senacuh^ 
h  ^7t  ed.  ]liiIL)b  If  no  audience  was  accorded, 
tbej  vere  reqnired  to  quit  the  city  and  Italy 
▼itbia  a  certain  time,  and  in  their  jonmey 
tbrragh  Italy  wer«  escorted  by  a  senator  (lir. 
uiTii.  1 ;  Polyb.  zxxii.  1 ;  Sail.  Jug.  28). 

The  same  title  of  legatns  was  used  of  oom« 
BiingQers  from  tbe  prorinces  or  from  commu- 
oitiet  within  them,  bearing  either  congratnla- 
ti«M  on  the  conduct  of  a  prorincial  governor,  or 
eoaaplsiats  against  him.  A  good  example  of  a 
cvBunission  charged  to  explain  proyincial  griey- 
octi  will  be  fonad  in  Lir.  xliiL  2.  Cicero 
freqacatly  mentions  such  missions  in  the  Verrine 
f^ntioit;  e^.  in  L  19  and  4^  31.  Under  the 
^pire  these  Icgationet  were  put  nnder  stringent 
itgTiUtJoos,  of  which  an  account  will  be  found 
oDij-SO,  18. 

IL  Legati  as  staff-officen;  "quorum  opera 
coosilioqae  uteretur  peregre  magistratus" 
(^•rro,  L  c).  These  were  said  to  be  legati 
0^  u  oppoied  to  legati  ad  aliqueai, 

Origm.—4AWf  mentions  these  at  the  very 
•«set  of  the  Republic  (it  20 ;  ilL  5),  but  his 
'vidtaoi  is  not  conclusive,  and  it  is  remarkable 
^  M  laU  as  the  battle  of  Cannae  (B.a  216) 
BO  legati  arc  mentioned  in  the  list  of  the  slain, 
^|b  we  are  told  of  coninlaiea,  quaestors, 
^^md  militares,  and  senators  who  were  killed 
^■Bi>  Oh  the  other  hand,  to  deeply  rooted  was 


LEGATUB 


25 


the  idea  of  the  conaShim  of  the  magistrate  in 
the  Roman  mind,  that  it  is  difficult  to  imagine 
that  the  consols  in  the  field  were  left  wholly 
without  unofficial  advisers.  Perhaps  the  practice 
began  as  a  regular  institution  with  the  acquisi- 
tion of  transmarine  provinces;  but  no  reason 
can  be  shown  why  even  in  Italian  campaigns  of 
an  earlier  date  the  senate  should  not  from  time 
to  time  have  made  use  of  a  natural  mode  of 
keeping  the  commanders  informed  of  their 
wishes.  However  this  may  be,  from  the  Second 
Punic  War  onwards,  every  commander  and 
provincial  governor  had  legati  with  him,  and 
Polybius  writes  of  them  as  a  standing  institution 
in  his  time  (Polyb.  vL  35;  cf.  J^v.  xxxviii. 
28,  12). 

Mod^  of  Appoinimeni, — ^As  in  the  case  of  legati 
as  envoys,  a  senatusoonsultum  authorised  the 
magistrate  to  select  the  legati  out  of  the 
members  of  the  senate  (Liv.  xliii.  1 ;  cf.  xliv.  18). 
As  it  frequently  happened  that  the  presiding 
magistrate  was  a  consul  or  praetor  who  was 
about  to  become  a  provincial  governor,  he  thua 
became  entitled  to  nominate  his  own  legati  (Sail. 
Jug.  28 :  *'  Calpornius  [consul]  parato  exercitn 
legat  sibi  homines  nobiles,"  &c ;  cf.  Plut.  Fiam. 
3;  Cic.  Att.  ii.  18,  3):  and  this  mode  of 
appointment  being  a  convenient  one,  it  was 
natural  that  the  provincial  governor  should 
desire  to  establish  it  as  a  right.  As  a  rule,  how- 
ever, the  consent  of  the  senate  was  no  doubt 
formally  obtained  (Schol.  Bob.  on  Cic  Vat.  15» 
35).  In  the  last  century  of  the  Republic  we 
find  examples  of  laws  in  which  the  number  and 
qualification  of  the  legati  to  be  chosen  by  the 
proconsul  was  expressly  laid  down:  this  was  the 
case  in  the  Lex  Gabinia  of  B.a  67,  under  which 
Pompeius  received  a  command  against  the  pirates 
(Plut.  Pomp.  25;  Appian,  MWir.  94),  and 
probably  in  the  Lex  Vatinia  which  gave  Caesar 
the  command  of  Cisalpine  Gaul  in  B.C.  59. 
Under  the  Empire  the  nomination  of  legati  seems 
always  to  have  been  the  right  of  the  holder  of 
the  imperium  prooonsulare,  whether  of  the  prm- 
cept  himself  as  having  a  majuB  unpernMn,  or 
the  proconsuls  who  continued  to  govern  the 
senatorial  prorinces  (Dio  Cass.  liii.  14),  but  in 
the  latter  case  the  consent  of  the  princeps  was 
necessary  to  the  validity  of  the  nomination. 
(See  Willems,  Drwt  £omam^  p.  510.) 

Qvaiification* — ^The  general  rule  was  that  these 
legati  must  be  senators ;  no  certain  instance  is 
recorded  of  an  exception,  but  it  does  not  follow 
that  there  was  any  defiuite  disqualification  of 
non-senators.  (Cf.  Mommsen,  Staatarecht,  il.  661, 
note  1,  with  Willems,  vol.  2,  p.  608,  note  4.) 
The  rule  held  good  under  the  Empire. 

Number. — This  was  no  doubt  usually  settled 
by  the  authorising  senatosconsultum  in  each 
case.  After  the  Second  Punic  War,  where  Livy's 
information  may  fairly  be  relied  on,  the  number 
in  attendance  on  a  praetor  is  generally  two, 
while  a  consul  has  three.  Later,  again,  we  find 
consuls  with  five  and  praetors  with  three. 
(See  Willems,  Le  S^nat,  iL  p.  611.)  Bv  the 
Lex  Gabinia,  Pompeius  had  twenty-five  allowed 
him,  Caesar  ten  by  the  Lex  Pompeia-Licinia  of 
55  B.C.  Under  the  Empire  there  was  a  fixed 
rule  that  in  senatorial  provinces  (where  alone 
legati  in  the  strict  sense  of  the  word  are  found) 
a  pro-praetor  should  have  one,  a  proconi ol  three 
(Dio  Cass.  lui.  14). 


t< 


26 


LEGATUB 


LEGATUS 


DuHiS. — As  we  hare  seen,  no  legatns  wai  in 
anj  Mnse  a  magistrate,  and  could  have  no  in- 
dependent aathority  of  his  own ;  all  were  strictly 
noKier  the  orders  of  their  chief,  and  were  bound 
to  carry  out  any  kind  of  work  he  might  allot 
them.  (Marquardt,  StaaUvenoaltung,  i.  387; 
Jlommsen,  StaaUrechty  679.)  But  as  the  tenure 
of  provincial  commands  became  extended,  legati 
were  frequently  employed  by  their  Generals- 
in-chief  as  commanders  of  dirision  {jLe,  of  a 
legion),  and  thence  gained  a  standing  position 
in  the  army  beyond  that  of  a  mere  counsellor. 
This  becomes  first  apparent  in  Caesar's  Gallic 
war,  but  it  may  have  been  to  some  extent  the 
practice  before  (Caesar,  B,  0,  1,  52;  2,  20; 
5,  1 ;  and  Riistow,  Heerweun  Cae9ar\  p.  28). 
It  was  the  natural  result  of  the  practice  by 
which  commanders  selected  their  own  legati; 
for  they  took  care  to  choose  men  on  whose  skill 
and  fidelity  they  could  rely,  and  to  whom  they 
could  entrust  the  sole  conduct  of  difficult  or 
distant  operations.  Recommended  by  its  useful- 
ness, it  took  deBnite  shape  under  the  Empire. 
From  the  time  of  Augustus  onwards  each  legion 
had  its  own  legatus  (legatus  legionis,  as  dis- 
tinguished from  other  legati),  and  the  coremoXB 
of  imperial  provinces  £id  as  many  legati  aa 
legions  (Tac  Ann.  L  44;  2,  36;  Marquardt, 
StaatstenDoltung^  ii.  457),  all  of  whom,  howerery 
were  selected  by  the  prmoej». 

All  miKtaty  legati  had  the  right  of  travelling 
free  of  cost;  and  the  fact  that  they  were  in- 
cluded in  the  Lex  Julia  de  repetundis,  already 
alluded  to,  shows  that  they  had  opportunities  of 
gain  in  the  provinces  where  they  served.  Before 
the  passing  of  that  law,  the  governor  or  com- 
mander  was  himself  solely  responsible  for  the 
conduct  of  his  subordinates.  (See  Liv.  xxix. 
19  foil.,  for  the  famous  case  of  Scipio  and  his 
legatus  Pleminius.  Rein,  Criminalrecht^  pp.  192, 
606.)  He  had,  however,  the  power  of  dismissing 
a  legatus,  and  could  thus  relieve  himself  <» 
responsibility  (Cic.  Verr.  iii.  58). 

Zeg<iti  pro  praetore.^The  increase  in  the  im- 
portance of  the  legatus  towards  the  close  of  the 
Republic  is  shown  not  only  by  his  being  fre- 
quently attached  to  a  particular  legion  as  its 
commander,  but  also  by  the  growing  practice 
by  which  the  provincial  governor  deputed  him 
to  act  for  him  in  some  special  locality  or  depart- 
ment. As  early  as  the  earlier  half  of  the  2nd 
century  B.C.,  we  find  a  consul,  at  wsr  within 
the  bounds  of  Italy,  having  his  army  in  charge 
of  a  legatus  in  order  to  preside  at  the  consular 
elections;  and  a  century  later  it  frequently 
happened  that  a  legatus  was  placed  over  a  whole 
province  in  the  absence  of  the  governor.  Thus 
Caesar,  who  from  A9  to  49  B.c.  was  in  com- 
mand both  of  Cisalpine  and  Transalpine  Gaul, 
used  to  leave  the  one  or  the  other  in  the  charge 
of  a  legatus  when  he  himself  was  necessarily 
absent  (Caes.  B,  0,  t.  10 ;  i.  54).  The  practice 
was  carried  a  step  farther  by  Pompeius  between 
55  and  50  B.C.,  for  he  governed  his  province  of 
Spain  by  legati  while  he  himself  remained  in 
Italy  (Velleius,  2,  48).  In  such  cases  it  became 
the  practice  to  style  the  deputy  legatua  pro 
praetore  (Caes.  B.  0.121:  cf.  Sail.  Jug.  26  and 
38).  Such  a  title  could  not  mean  that  the 
legatus  actually  held  the  imperium  of  a  pro- 
praetor, for,  as  we  saw,  imperwm  could  not  be 
delegated ;  but  that  he  held  a  power  which  was 


practically  equivalent  to  it,  under  the  auctoritas 
of,  his  chief.  But  there  can  be  no  doubt  that 
as  provincial  commands  grow  longer  and  more 
important,  civic  technicalities  t^ded  to  lose 
their  strength  and  rigidity ;  and  we  hnve  men- 
tion in  the  year  82  B.G.  of  a  kgatu$  pro  praetore 
(Pompeius  in  Sicily  and  Africa)  aj^pointed  by 
the  senate,  who  is  also  styled  by  one  author 
legattu  cum  imperio  (cf.  Uv.  EpiL  89,  with 
Granins  Licinianus,  p.  29,  Bonn  edit.).  The 
practice  of  governing  by  deputies  with  this 
honorary  title  led  directlv  to  the  system  by 
which,  under  the  Empire,  the  prineepSf  as  holder 
of  an  unlimited  imperium^  governed  all  the 
provinces  not  under  senatorial  authority  (see 
Pbovincia  and  Proconsul)  through  legati  pro 
praetore  appointed  by  and  responsible  to  himself. 

This  system  began  with  the  division  of  pro- 
vinces between  Augustus  and  the  senate  in 
B.C.  27.  From  that  time  down  to  the  complete 
reconstruction  of  the  provincial  system  by 
Diocletian,  the  imperial  provinces  were  governed 
by  legati,  either  of  consular  or  praetorian  rank, 
acGOxding  (as  a  rule)  to  the  number  of  legions 
stationed  in  the  province ;  but  all  alike  were 
styled  iegaii  Augusti  (or  Caesans)  pro  praetore^ 
the  designation  tw*  oonsutorts,  or  tir  praetorius, 
being  entirely  unofficial.  (Marquardt,  Stoats- 
vervoaltung,  i.'  408-10.)  They  are  to  be  distin- 
guished from  the  legati  legionie  already  men- 
tioned, though  it  sometimes  happened  that  the 
two  offices  were  combined,  in  which  case  the 
style  was  legatus  pro  praetore  legionis  (Marq. 
op.  cit.  309);  and  also,  of  course,  from  the 
ordinary  leeati  of  the  proconsuls  who  continued 
to  govern  the  senatorial  provinces.  These  legati 
pro  praetore  were  always,  down  to  the  reign  of 
Gallienus,  of  senatorial  rank,  as  is  shown  by  the 
fact  that  the  one  provincial  governor  who  was 
not  a  senator,  the  praefeehts  Aegypti,  was  nerer 
accorded  the  title  of  legatus. 

Legati  JuridieL — ^Lastly,  we  find  nndcr  the 
Empire,  in  the  imperial  provinces,  certain  legati 
juridid  (also  known  simply  as  jundU^  who 
seem  to  have  been  persons  of  senatorial  rank 
appointed  by  the  prinoeps  to  perform  the  sub- 
ordinate judicial  duties  which  in  senatorial 
provinces  were  administered  by  the  ordinary 
legati  of  the  proconsul.  These  date  probaMy 
from  the  beginning  of  the  Empire ;  for  as  the 
legatus  pro  praetore^  being  himself  a  delegate  of 
the  princepSf  could  not  delegate  his  duties  to 
others  like  a  proconsul,  the  governors  of  imperial 
provinces  would  have  had  no  assistants  for  their 
work  if  the  prinoeps  had  not  supplied  them. 
Thus  we  find  even  under  Augustus  (Strabo,  iiL 
4,  20)  a  legatus  pro  praetore  in  Spain,  with  three 
legati  under  him,  who  must  have  been  legati 
juridid;  and  in  later  times,  especially  after 
Hadrian's  reign,  the  title  legatus  juridicus  occurs 
frequently  in  inscriptions.  (The  best  account  of 
these  will  be  found  in  the  French  translation  of 
JIommsen*s  8taatsrecAtj,hj  P.  F.  Girard,  i.  pp. 
263,  264,  and  notes,  where  the  additional  matter 
has  the  sanction  of  the  author  of  the  work.) 

After  the  reconstitution  by  Diocletian  and 
Constantino  of  the  whole  system  of  government, 
the  word  legatus  rapidly  disappears,  in  the 
technical  senses  whic)i  have  been  explained ; 
only  surviving  in  the  case  of  the  legati  attached 
to  the  provinces  of  Asia,  Africa,  and  Achaia, 
which  continued  to  be  governed  by  proconsolsy 


LEGES 


LETTUBOIA 


27 


•r  is  a  oeeMMud  inscription  showing  that  the 
ccY  BsaoKlatan  of  praesides  or  rtctores  prv 
tiadarwm  did  not  st  once  saperscde  it  in  common 
(Ct  AoMm  Occidentalism  zrUi.  p.  162, 
3;  asd  OkIU,  Inscr.  3672 ;  SchUler's   Oe- 

dir  KaiterMtiif  ti.  p.  56.) 
[F«r  molt  detmiled  information,  seo  the  chapter 
89  L^i  in  M oramsen's  Siaatsreehtj  2nd  edit^ 
E.  p.  657  fblL ;  cf.  rol.  L  222  foil.,  with  the 
xijitional  notes  in  the  French  translation :  also 
J(iiii]«snlt,  Siaaitverwaliunff,  t  408  foil.; 
Willcoas,  Le  SOtai  de  la  S^pMiqve,  ii.  492  foil, 
ad  608  foU.;  Baettner-Wohst,  de  LegaHom^ 
Seip^Uioae,  Letpsig,  1876.]  [W.  W.  F.l 

UB6B8.  [Lex.] 
LE'OIO.  h^luacrrtn.] 
LEGISA'CTIO.  [Actio.] 
LEirUltKlA  (XcireupyCa,  or  in  the  older 
fiinn  fonnd  in  inscriptions  np  to  the  3rd  century, 
XTTwryCo,  derired  from  Xitros  or  M7ros,  a 
tpanjm  of  ZftipuivtoSy  and  *fpyw),  the  name 
fircD  to  certain  public  serrioes,  consisting  partly 
«f  OMiiej  and  partly  of  personal  labour,  per- 
fennsd  hj  wealthy  indiridnals  (called  iitwrgi  in 
this  rtla^on,  Gr.  Xterovfryot)  for  the  state,  in 
Athens  and  other  states  of  Greece.  (A  list  of 
these  other  states  may  be  fonnd  in  Boeckh's 
DASe  Eamomif  of  Athene^  book  iii.  c  1.  The 
poet  remarkable  are  Thebes,  of  which  we  read 
is  Plutarch's  Aristides,  c  L,  that  Epaminondas 
MBstsd  by  Peloptdas  prorided  there  a  concert  of 
flute-players ;  and  Aegina,  as  to  which  see  the 
iffigsiar  and  amosing  story,  antecedent  to  the 
Penisn  wan,  reUted  in  Herod,  t.  83.)  We 
know,  howerer,  but  little  of  these  *<  liturgies  " 
is  sny  other  state  except  Athens.  At  Athens 
they  were  among  the  most  characteristic  institn- 
tioos  of  the  democracy ;  and  though  they  had 
their  €iulty  side,  there  was  much  in  the  working 
of  them  that  was  brilliant,  and  eren  solidly  ex* 
eellest 

The  whole  idea  of  the  liturgies  was  that  the 
rich  mea  of  the  community  should  expend  their 
nbitsace  and  devote  their  labour  for  the  benefit 
of  sll,  whether  in  the  way  of  solid  protection  or 
hj  the  encouragement  of  graceful  pursuits  and 
ezhilsrtting  contests ;  the  honour  and  glory  of 
thas  sdminbtering  to  the  entire  nation,  and 
sonetimes  of  winning  prizes  for  pre-eminence  in 
the  displays,  being  the  sole  and  a  sufficient  re- 
wd.  Nothing  exactly  similar  has  ever  been 
Men  in  modem  times;  a  faint  reflection  of  it 
Bay  be  finmd  in  sneb  an  office  as  that  of  high 
thaiS  among  ounelves,  which  is  at  once  one- 
ioOt  obligatory,  and  conveys  with  it  a  certain 
credit  to  him  who  holds  it. 

Oar  detailed  knowledge  of  these  liturgies  is 
for  the  most  part  derired  from  the  orators  of 
the  4th  century  B.C.,  in  whose  various  speeches, 
psUie  and  private,  they  are  constantly  men- 
^^AMd.  Nevertheless,  that  century  was  not  the 
tiffle  of  their  greatest  splendour ;  the  Sicilian 
expedition,  and  the  disastrous  close  of  the  Pelo- 
P^xuMRaa  war,  had  thrown  a  cloud  over  the 
fottaaes  of  individnal  citizens,  as  well  as  over 
the  state  at  krge.  They  attained  their  cnlmina- 
^  during  the  lew  years  which  succeeded  the 
^«a<c  of  Midas.  But  on  this  point,  and  on  their 
■''tory  generally,  more  will  be  aid  in  a  subse- 
l«ttt  part  of  this  article. 
Jhcre  were  two  main  kinds  of  liturgies  at 

to  the  amusements  of  a 


population  in  its  peaceable  life,  which  were 
called  ** ordinary"  (iyK6it\toi);  and  certain 
others  to  which  no  specific  Greek  name  was 
assigned  (by  modem  writers  they  are  called 
'^ extraordinary"),  but  which  practically  related 
to  the  defence  of  the  state  against  foreign  toes. 

The  ordinary  liturgies  were  princij^ly  the 
Choregia,  or  maintenance  and  training  of  a 
chorus  for  the  theatrical  festivals;  Gymnasi- 
archia,  or  training  and  maintenance  of  gymnasts 
(likewise  with  a  view  to  public  festivals) ;  with 
this  last  the  Lampadedromia,  or  preparation  of 
ranners  for  the  torch-race,  was  closely  connected; 
Hestiasis,  or  the  feasting  of  the  tribe  to  which 
the  **  liturgus  "  belong!^ ;  and  lastly  the  Archi- 
theoria,  or  superintendence  and  furnishing  forth 
of  sacred  embassies,  such  as  those  to  Delphi  or 
Delos.  It  would  be  very  incorrect  to  conceive 
of  any  of  these  great  offices  as  a  mere  tax  in 
money  upon  the  holder  of  them ;  they  were  this 
indeed,  but  they  were  more :  the  choregus,  the 
gymnasiarch,  the  phvlarch,  and  the  architheo- 
rus  were  bound  to  bestow  personal  labour  in 
their  respective  offices.  (See  the  separate 
articles:  Choreoub;  GnorASiUM;  Lampade- 
dromia ;  Hebtiabib  ;  Theorxa.)  Everv  citizen 
whose  property  amounted  to  thrs*  tsJents  or 
upwards  was  liable  to  be  called  upon  to  uQder- 
take  an  ordinary  liturgy ;  citizens  ^  less  means 
were,  it  would  appear,  not  liable.  ^Compare 
Dem.  e.  Apkob,  p.  833,  with  the  dosing  sentences 
of  Isaeus,  de  Pyrrhi  hered) 

The  extraordinary  liturgies  were  the  TVier* 
archia,  or  the  fitting  out  of  a  ship  of  war,  and 
the  Proeisphora,  or  the  advance,  in  time  of  needy 
of  the  Eisphora,  or  war-tax,  due  by  less  wealthy 
citizens  (who,  however,  could  be  made  to  refund 
afierwaids).  The  Eisphora  itself  has  sometimes 
been  reckoned  among  the  liturgies;  but  it  is 
distinguished  from  them  by  the  fitct  that  no 
man  by  paying  it  escaped  irom  the  performance 
of  another  liturgy  (Dem.  c.  Leptin*  p.  465; 
e.  Euerg.  et  Mnetib.  p.  1155).  JfTRiEBABCHiA ; 
EiSPHO&A;  Pboeisphora.]  The  Trierarchia 
was  the  most  expensive  of  all  the  liturgies^ 
sometimes  costing  as  much  as  a  talent,  and 
demanded  greater  wealth  in  the  holder  of  it. 
Hence  afler  the  time  of  the  Sicilian  expedi- 
tion it  became  common  to  join  two  persons  in 
the  performance  of  it ;  and  in  B.a  358  the  law 
of  Periander  made  the  trierarchy  still  more  like 
a  mere  tax,  by  enacting  that  it  should  be  con- 
tributed by  companies  (<rv/ifu>p(at),  like  the  war- 
tax.  None  of  the  other  liturgies  suffered  this 
degradation ;  though  for  a  short  time  after  the 
Sicilian  expedition  two  persons  were  permitted 
to  join  in  the  office  of  choregus  (Scholiast,  Arist. 
Rtmae,  404;  and  see  also  Fr&nkers  note  757 
to  Boeckh).  The  trierarch,  like  the  other 
liturgi,  had  to  give  personal  service;  he  com- 
manded his  own  ship  in  the  old  times :  how  the 
actual  commander  was  appointed  when  the  <rv^ 
/topiai  were  introduced,  is  not  clear  ;  he  appears 
sometimes  to  have  been  an  outside  person 
who  contracted  to  take  the  duty  (Dem.  c.  MkL 
p.  564). 

How  were  the  various  liturgi  appointed? 
The  answer  to  this  question  has  some  elements 
of  difficulty.  Essentially,  the  tribe  was  re- 
sponsible for  the  appointment ;  and  in  the  case 
of  an  ordinary  liturgy,  this  responsibility  cen- 
tred in  the  overseers  of  the  tribe  (iwtfuKriTat 


28 


LEITUBGIA 


rris  ^vA^f).  Supposing  a  tribe  (ailed  to  appoint 
a  litnrgus,  the  archon(i>.  the  Archon  Eponymos 
or  the  Archon  Basileus,  according  to  the  festival 
concerned)  would  inquire  the  reason  of  such 
default  from  the  overseers;  and  lively  scenes 
of  recrimination  would  ensue,  as  we  learn  from 
the  speech  of  Demosthenes  against  Midias 
(p.  519),  where  such  a  default  on  the  part  of 
the  tribe  Pandionis  is  recorded  (in  this  instance 
Demosthenes  himself,  though  of  another  tribe, 
eventually  volunteered  to  take  the  office).  It 
U  not  to  be  inferred,  however,  that  the 
overseers  had  an  absolute  power  of  appointing 
the  liturgus;  had  this  been  the  case,  the 
difficulty  in  the  tribe  Pandionis  could  hardly 
have  arisen.  The  Scholiast  to  Demosthenes 
(quoted  by  Friinkel  in  note  754  to  Boeclch) 
affirms  that  the  rich  men  of  the  tribe  tooic  the 
office  by  turns.  That  this  should  have  been  the 
case  to  some  extent,  was  almost  inevitable ;  but 
the  notices  in  the  orators  do  not  permit  us  to 
suppose  that  such  an  order  was  very  accurately 
preserved.  If  a  man  was  conspicuously  wealthy, 
and  especially  if  he  had  landed  property,  he 
would  often  be  expected  to  serve,  whether  it 
were  his  turn  or  not  (see  Dem.  c.  PolycL  p.  1 208 : 
a  passage  not  less  pertinent  because  it  refers  to 
the  vpotic^pd,  an  extraordinary  liturgy).  And 
in  fact,  whatever  the  power  of  the  overseer  in 
this  respect  or  the  validity  of  the  rule  of 
rotation  in  the  selection,  it  is  probable  that 
direct  election  by  the  votes  of  the  tribe  was 
not  unfrequently  resorted  to.  (Observe  especially 
in  Dem.  c  Boeot,  p.  996,  the  phrase  ol  ^vK^rtu 
of(rov(ri...xopi}x^i^  ^  yvfiyofflapxov  ^  iarwropa^ 
and  compare  Antiphon,  Choreut.  §§  11-13,  where 
the  spealcer  is  choregus  of  his  tribe  by  direct 
appointment,  and  yet  from  the  way  in  which 
Amynias,  the  overseer  of  the  tribe,  is  mentioned, 
it  seems  unlilEely  that  the  appointment  lay  in 
his  hands.)  Voluntary  offers  to  undertake  a 
liturgy  no  doubt  sometimes  superseded  the 
necessity  of  a  formal  appointment;  but  this 
would  be  the  exception:  in  the  passage  just 
referred  to  (Dem.  c.  Boeot  p.  996)  it  is  assumed 
that  a  man  would  naturally  seek  to  escape  the 
burden  of  a  liturgy.  From  the  next  page  of 
the  same  oration  (p.  997)  we  learn  that  the  two 
principal  archons  and  the  managers  of  the 
contests  at  the  Panathenaea  {i^\o$4rat)  would 
on  occasions  appoint  a  liturgus ;  and  clearly  the 
Architheoms,  for  instance,  who  had  a  function 
that  concerned  the  whole  state,  would  not  be 
appointed  by  any  particular  tribe.  The  A^Ao- 
^eroi  were,  however,  tribal  officers. 

The  method  of  appointment  to  the  extra- 
ordinary liturgies  was  also  connected  with  the 
tribes ;  but  here  the  general  (arparnyhs)  was 
the  authority  by  whom  the  appointment  was 
made;  at  any  rate  this  was  the  case  with 
respect  to  the  trierarchy,  and  probably  with 
respect  to  the  wpotia^pit  as  a  rule,  though  in 
Dem.  c  Polyd.  p.  1208  we  find  the  members  of 
the  Council  (/iovAcvral)  directed  by  the  people  to 
draw  up  a  list  of  the  rich  men  in  their  several 
demes  who  should  make  these  advances  of  the 
war-tax.  The  generals,  it  would  appear,  sat  as 
a  united  board  for  the  appointment  both  of  the 
trierarchical  classes  and  the  individual  trierarchs 
(Dem.  c  Lacrit,  p.  940;  c.  BoeoL  997);  we 
may  conjecture  that  each  general  would  mainly 
anmnge  for  the  trierarchs  in  his  own  tribe,  and 


LEITUB6IA 

the  constitution  of  Cleisthenes  provided  thai 
each  tribe  should  contribute  an  equal  number 
of  ships  to  the  state,  but  nothing  is  said  on 
th(^8e  points  in  later  times,  and  it  is  possible 
that  the  connexion  with  the  tribes  gnduallj 
dropped  out  of  view  in  respect  of  the  trierarchj. 

As  to  the  limitations  on  the  liability  of  any 
special  man  to  be  called  upon  to  perform  any 
liturgy,  two  rules  are  mentioned :  one,  that  no 
man  could  be  required  to  perform  two  liturgies, 
ordinary  or  extraordinary,  at  onoe  (Dem.  c.  LepL 
p.  462,  §  19) ;  another,  that  no  man  could  be 
required  to  perform  a  liturgy  during  two  suc- 
cessive years  (Dem.  c.  I^,  p.  459,  §  8).  In 
spite  of  these  rules,  we  find  in  Dem.  c.  Po/yof. 
p.  1209,  §  9,  the  complainant  affirming  that 
he  had  been  chosen  to  perform  the  wpo^tff^ofk 
while  yet  performing  the  office  of  trierarch :  he 
implies  indeed  that  ne  might  have  refused  to 
do  so;  but  clearly  this  would  have  been  sn 
unpopular  act.  So,  too,  the  plaintiff  in  the 
speech  of  Isaeus,  Or.  7  {ApoUoiL'\,  §  38,  says  of 
his  grandfather,  '*  Besides  having  served  all  the 
other  liturgies,  he  continued  his  whole  time  to 
do  the  duty  of  trierarch ;  not  getting  his  ship 
in  an  association  like  men  of  the  present  day, 
but  at  his  own  coat ;  not  jointly  with  another, 
but  singly ;  not  every  other  year,  but  without 
intermission ;  not  in  a  perfunctory  way  {itpovm- 
luifot),  but  providing  the  best  possible  equip- 
ments. For  which  you  not  only  honoured  hio 
in  remembrance  of  his  conduct,  but  prevented 
his  son  being  deprived  of  his  property,"  &c  It 
is  implied  no  doubt  in  this  passage  (as  in  the 
similar  passage,  Lys.  pro  Polystr.  §  31  ff.)  thst 
such  liberality  on  the  part  of  the  liturgus  was 
in  great  measure  voluntary;  but  we  cannot 
mistake  the  fiust  of  there  being  great  irregularity 
in  the  practical  carrying  out  of  all  rules  ia 
regard  to  these  appointments. 

The  connexion  with  the  tribes,  in  the  ordinary 
liturgies,  existed  not  only  in  respect  of  the 
appointment  of  the  liturgus,  but  also  in  respect 
of  any  victory  won  by  his  chorus  of  singers,  his 
gymnasts,  Stc  On  the  tripod  that  he  wss 
privileged  to  put  up  after  such  a  victory  .(tbr 
which  tripods  a  special  sti-eet  in  Athens  was 
set  apart),  not  only  his  name  but  the  name  of 
his  tribe  was  inscribed. 

Various  other  liturgies  of  minor  importance 
are  mentioned.  (See  article  Arruepuoru; 
also  Boeckh,  book  iii.,  c.  21,  and  the  note  755  of 
Fr&nkeL)  The  /ieroucoi  or  resident  aliens  were 
capable  of  performing  the  choregia  at  the  festi- 
val of  the  Lenaea  (Schol.  cui  Arist.  Plut  954) 
and  the  Hestiasis(Ulpian,aef  Dem.  LepUn.  §  15); 
possibly,  too,  there  were  some  peculiar  to  the 
fieroiKQi*  A  liturgv  which  citizens  performed 
was  called  Kurovpyla  woAirunl^,  in  opposition  to 
a  \ttrov(>yia  rStv  /lerolicup. 

How  far  the  liturgies  were  an  oppressive 
burden  on  the  rich  Athenians,  is  a  point  on  which 
differences  of  opinion  have  existed.  The  threat 
of  Cleon  to  the  Sausage-seller  in  the  Knights 
(v.  912),  *'  I  will  make  you  serve  as  trierarch, 
with  an  old  ship  and  a  rotten  sail,"  Ik^  is  evi- 
dence enough  that  such  oppression  was  possible. 
The  orators  clearly  show,  as  we  should  expect, 
that  while  some  persons  sought  these  offices  for 
the  sake  of  the  popularity  they  conferred,  otheri 
tried  to  escape  them.  On  the  whole,  however, 
it  would  appear  that  the  necessary  legal  burden 


USITUBGIA 


LEITUBGIA 


29 


wUdi  Iktj  imposed  wai  not  minotts  (see  Boeckh 

on  the  fMut);   and  though  lome  persons  did 

nia  thoielTec  by  their  litargies,  this  is  gene- 

nHf  atthbated  to  their  ambitious  exteosioQ  of 

t^  ietr  rather  than  to  its  intrinsic  character. 

Yet  AotiphaDes  (in  Athenaeus,  iiL  62)  speaks  of 

tk  people  as  bidding  a  man  waste  his  money  on 

a  eWu^  till  he  has  to  go  in  rags.   (See  Aristot. 

Fold,  ▼.  8 ;  Xen.  dg  MUp,  Ath,  i.  13  ;  Dem.  c. 

Every,  tt  JfiMS«&.  p.  1155,  {  54;  various  parta 

cf  Lraaasi  <k  Aristophanis  bonis;  and  Isocr.  de 

J^.15.) 

The  archoniy  also  heiresses  and  orphans  until 
the  eoauneneement  of  the  second  year  after  their 
eooing  of  age,  were  free  from  all  liturgies. 
So  ve  most  conclude  from  Dem.  de  Symmor. 
p.  162,  and  Lysias,  c  Diogeit  §  24;  though, 
wen  it  not  that  these  passages  especially 
related  to  the  trierarchy,  we  might  infer 
fnm  Dem.  c  Lepim,  pp.  462-465,  that  that 
oAce  wu  an  exception  as  £u  as  the  heiresses 
sad  orphans  are  concerned:  so  express  is  the 
affirmation  in  this  last  oration  that  no  one  but 
the  nine  archons  was  by  law  free  from  the  trier- 
aitlif .  iLTen  the  descendants  of  Harmodius  and 
Anstofeiton,  it  is  said,  who  were  free  from  the 
ether  liturgiesy  were  obliged  to  perform  the 
trieruchT.  Tne  exemption  of  the  descendants 
ef  Harmodius  and  Aristogeiton  was  one  of  those 
■pedal  immvnities  which  afterwards,  in  the  4th 
ceatury,  were  granted  much  more  freely  than 
had  been  the  case  prerionsly ;  and  these  never 
iacladcd  the  trierarchy.  Leptines  (B.a  356) 
procured  the  passing  of  a  law  which  prohibited 
tiMse  immunities  in  general :  Demosthenes  en- 
deaToured,  and  it  is  generally  thought  with 
ncoeai,  to  get  this  law  rescinded  about  a  year 
afterwards.  (On  this,  see  Kennedy's  1st  appen- 
dix to  his  transUtion  of  LepUnes.) 

Of  all  the  customs  eonnected  with  the  liturgies, 
Mee  was  mora  singular  than  the  right  which 
ererr  cttisen  who  was  nominated  for  one  of  them 
had,  of  proposing  to  any  other  citizen  equally 
boasd  with  himself  and  of  greater  wealth,  either 
to  take  the  liturgy  in  his  place  or  to  exchange 
properties.  That  this  right  was  no  dead  letter, 
tbe  speeches  of  the  orators  show ;  though  the 
Mtaal  ex^ange  probably  was  seldom  carried 
0^  [A]rnD0fi8.j 

It  remains  to  make  some  obserrations  on  the 

^natery  and  development  of  these  liturgies.    We 

cuaot  lely  on  the  specific  ascription  of  them  to« 

So^  as  their   originator;   aiui  yet  probably 

tkoie  who  weigh  the  entire  probabilities  of  the 

cue  viU  be  of  opinion  that  they  commenced 

M  lafter  than  his  time,  and  owed,  if  not  their 

Mtoal  beginning,  at  all  evenU  much  of  their 

""^aeat  growth,  to  that  liberal  impulse  which 

^  imparted  to  the  internal  policy  of  Athens. 

It  ia  tme,  ss  Frinkel  (note  752  to  Boeckh)  re- 

Btfki^  thst  the  liturgies,   ss  we  know  them, 

vert  in  dose  connexion  with  the  ten  tribes  of 

*M  Cleisthenes  was  the  author,  and  that 

^^(Kfere  ear  knowledge  of  them,  strictly  speak- 

^does  not  commence  earlier  than  his  date. 

u  is  true  also,  that  we  may  refuse  to  believe 

***■  w  precise  a  statement  as  that  of  Aeschines 

MWrcA.  {  7)  to  the  effect  that  the  actual 

"^(■"ue  laws  on   the   subject   were  visible  at 

^bcaa  ui  his  time,  without  any  imputation  of 

WiAoed  against  Aeschines,  or  of  forgery  against 

*A7^  else:  for  the  whole  series  of  Athenian 


laws  was  revised  and  remodelled  after  the  expul* 
sion  of  the  Thirty  Tyrants,  under  the  archon- 
ship  of  £ucleides;  and  as  the  object  of  the 
revisers  was  not  antiquarian  accuracy,  but  pre- 
sent expediency,  much  would  be  set  down  under 
the  name  of  Solon  that  was  really  contributed 
by  the  revisers,  or  perhaps  by  some  earlier 
authority.  Still  we  must  not  refuse  all  weight 
to  what  Aeschines  says ;  and  the  second  (pro- 
bably not  genuine)  book  of  Aristotle's  Oeoonomks 
affirms  that  they  were  in  existence  in  the  age  of 
the  sons  of  Pisistratus.  The  probabilities  of  the 
case  also  are  in  favour  of  an  early  date  for  them. 
The  objects  for  which  the  liturgies  existed  were 
valid  before  as  well  as  after  the  time  of  Cleis- 
thenes; the  dithyrambic  chorus,  for  instance^ 
was  very  ancient,  and  even  the  first  dramatic 
exhibition  dates  from  B.a  535.  It  is  in  the 
abstract  conceivable  that  the  state  paid  the 
whole  expense  of  this ;  but  the  contrary  is  more 
probable;  for  the  dithyrambic  singers  were 
closely  connected  with  the  rhapsodists,  and  surely 
these  were  not  state-paid  ?  And  if  Cleisthenes 
had  made  any  great  change  in  the  manner  of 
defraying  such  expenditure,  should  we  not  have 
been  told  of  it?  Nor  can  we  fail  to  see  the 
analogy  between  the  naucraros,  or  chief  of  the 
naucrarv  (which  in  the  Solonian  constitution 
was  obliged  to  contribute  a  trireme  and  two 
horsemen  for  the  state  service,  Pollux,  viii. 
108),  and  the  trierarch  of  a  later  date.  The 
naucraros  would  not  of  course  contribute  the 
whole  ship  from  his  own  resources;  but  it  is 
natural  to  suppose  that  the  duty  of  keeping  it 
in  good  trim  was  mainly  imposed  on  him,  so  that 
the  difierence  between  him  and  the  trierarch 
would  be  smalL  (Cf.  in  Hermann's  Oriech, 
Staatsait  §  98,  note  3,  the  quotation  from 
Bekker's  AnecdotaJ)  Besides,  the  whole  look  of 
such  an  institution  as  the  liturgy  is  of  some- 
thing springing  spontaneously  out  of  the  popular 
sentiment,  and  therefore  of  gradual  growth ;  the 
ordinary  liturgy  was  no  political,  nor  even  a 
religious,  necessity  (see  Dem.  c.  Leptin.  pp.  494, 
495).  And  the  derivation  of  Xcirovpylo,  the 
antique  character  of  the  first  half  of  the  word, 
implies  considerable  antiquity  in  the  thing  it 
represents. 

We  may  assume,  then,  that  the  liturgies  were 
in  process  of  development  during  the  6th  cen- 
tury B.C.  The  institution  of  the  ten  tribes  by 
Cleisthenes  would  necessitate  their  re-arrange- 
ment; the  immense  increase  of  the  Athenian 
power  during  the  succeeding  century  would  foster 
them  into  splendour.  In  no  other  century  do  we 
find  mention  of  such  an  incident  asthatof  Cleiniasy 
who,  in  the  battle  of  Artemisium,  fought  in  a 
ship  built  and  manned  (with  200  men)  at  his 
own  expense  entiraly.  Plutarch  tells  us  of  the 
magnificence  with  which  Nicias  conducted  the 
religious  embassy  at  Delos,  and  of  the  still 
greater  display  of  Alcibiades  at  the  Olympic 
games.  The  Sicilian  disaster  and  the  defeat  of 
Athens  at  the  close  of  the  Peloponnesian  war 
caused  a  great  fall  from  this  exuberance.  lac- 
erates (de  Aniid,  p.  84,  §§  159,  160)  forcibly 
describes  the  change  in  public  feeling:  in  his 
own  boyhood,  he  says,  every  one  sought  to 
make  himself  appear  richer  than  he  was; 
now  (rather  before  the  middle  of  the  4th 
century)  every  one  tries  to  conceal  his  wealth, 
for  fear  of  informers.    This  has  been  thought 


80 


LEMBUS 


to  be  the  grumbling  of  an  old  man ;  but  it  | 
was  no  unnatural  result,  and  there  is  corrobora^ 
tive  evidence.  Thus  Demosthenes  (c.  Lept.  p.  492) 
implies  that  the  state  in  his  time  was  much 
poorer  than  formerly;  and  he  even  appears 
to  connect  the  growth  of  the  exemptions  from 
liturgies  from  this  cause;  the  state  could 
make  more  valuable  gifts  in  land  and  money 
formerly,  he  says.  It  was,  however,  the  trier- 
archy  that  suffered  most  from  this  comparative 
poverty ;  this  is  clear  from  the  very  institution 
of  the  *' symmories,"  and  it  is  emphasised  by 
Demosthenes  (PAi/.  i.  p.  50,  §  35):  "  How  is  it," 
he  asks,  *'  that  your  magnificent  festivals  always 
take  place  at  the  appointed  time,  while  all  your 
armaments  are  after  the  time?  Because  in 
the  former  case  everything  is  ordered  by  law, 
and  each  of  you  knows  long  beforehand,  who  is 
the  choregus.of  his  tribe,  who  the  gymnasiarch, 
when,  from  whom,  and  what  he  is  to  receive, 
and  what  to  do.  Nothing  there  is  left  unascer- 
tained or  undefined :  whereas  in  the  business  of 
war  and  its  preparations  all  is  irregular,  im- 
settled,  undefined.  Therefore  it  is  only  when 
we  have  heard  some  news  that  we  appoint  trier- 
archs;  then  we  dispute  about  exchanges,  and 
consider  about  ways  and  means ; . . .  during  these 
delays  the  objects  of  our  expedition  are  lost." 
It  will  be  seen  that  this  passage  implies  what 
we  should  also  gather  from  the  orators,  that  the 
offer  of  exchange  of  property  (iurriioffis)  was  far 
more  frequent  in  the  case  of  the  trierarchy  than 
in  the  case  of  the  other  liturgies ;  this  is  another 
sign  of  the  comparative  unpopularity  of  the  trier- 
archy in  these  later  times  as  compared  with  the 
other  liturgies.  The  reason  is  obvious,  that 
there  was  much  less  show  about  it,  and  there- 
fore less  personal  aggrandisement  of  the  liturgns. 
Yet  exceptions  must  in  fairness  be  admitted ;  as 
the  splendid  discharge  of  this  office  by  the 
banker  Pasion,  if  we  way  trust  his  son  Apollo- 
dorus  (Dem.  c.  Steph.  p.  1127) ;  and  the  more 
certain  fact  that  volunteers  were  for  the  first 
time  found  for  the  trierarchy  in  the  enthusiastic 
movement,  brought  about  by  Timotheus,  for 
the  recovery  of  £uboea,  B.C.  358  (Dem.  de  Cor. 
p.  259  ;  de  Cheraon,  108).  It  may  be  observed 
that  Aristotle  {Polit,  v.  8)  disapproved  of  the 
ordinary  liturgies ;  remarking  that  ^  it  would 
be  better  if  the  pe<»ple  would  prevent  the  rich 
men,  when  they  offer  to  exhibit  a  number  of 
unnecessary  and  yet  expensive  entertainments  of 
plays,  torch-races,  and  the  like."  He  may  have 
been  justified  in  his  own  time,  while  yet  in 
earlier  ages  the  liturgies  may  have  been  a  result 
of  true  patriotic  impulse,  and  a  binding  link 
between  the  rich  and  the  poor. 

On  the  subject  of  the  liturgies,  see  especially 
Boeckh*s  Stoatafunuhalivng  <fer  Athewr;  Heiv 
mann,  Staatsalterth.  §■  161 ;  Wolf,  Prokgom,  in 
Demotth,  Leptm.  p.  Ixxxvi.,  &c. ;  Wachsmuth, 
vol.  ii.,  p.  92,  &c. ;  Kennedy's  translation  of 
the  OrorfKm  against  LepUnesj  &C.,  Appendix  ii. 
p.  242.  [J.  R.  M.] 

LEMBUS  (ktfifios),  according  to  Fulgentius 
called  also  dromo,  which  defines  it  as  a  swift  and 
light  vessel.  It  was  a  small  boat  used  to  carry 
persons  from  the  ship  to  the  shore  (Plant.  Merc 
i.  2, 81 ;  ii.  1, 35>  So  in  Dem.  c  Zenoth.  p.  883,  the 
Xififios  seems  to  be  a  small  boat  towed  behind 
the  ship  into  which  Hegestratos  tries  to  jump  so 
as  to  escape  to  shore ;  and  in  Theocr.  zxL  12,  it 


LENO,  LENOCINIUM 

is  a  small  fishing  boat  for  oars  (cf.  Verg.  Georg. 
i.  201).  The  name  was  also  given  to  boats 
larger  than  this,  but  in  the  same  manner  light 
and  swift,  sent  ahead  to  obtain  information  of  the 
enemy's  movements  (Polyb.  L  53),  or  for  plunder- 
ing excursions  (Liv.  xxx.  45) ;  also  as  fast-sailing 
transports  (Polyb.  Ii.  3).    [W.  S.]    [G.  E.  M.l 

LEMNISCUS.    [See  Corona.] 

LE'MUBES.    See  Did.  of  Greek  and  Soman 
Biography  and  Mythology. 

LEMU'BIA,  a  festival  for  the  sools  of 
the  departed,  which  was  celebrated  at  Rome 
every  year  in  the  month  of  May.  It  was 
said  to  have  been  instituted  by  Komuioa  to 
appease  the  spirit  of  Remus  whom  he  had  slain 
(Ovid,  Fast.  v.  473,  &c.),  and  to  have  been  called 
originally  Remuria  (clearly  a  fanciful  deri- 
vation). It  was  celebrated  at  night  and  in 
silence,  and  during  three  alternate  days,  that  is, 
on  the  9th,  11th,  and  13th  of  May.  During 
this  season  the  temples  of  the  gods  were  closed, 
and  it  was  thought  unlucky  for  women  to  marry 
at  this  time  and  during  the  whole  montli  of 
May,  and  those  who  ventured  to  marry  were 
believed  to  die  soon  after,  whence  the  pronerb 
menu  Maio  malae  ntibent.  Those  who  celebrated 
the  Lemuria  walked  barefooted  through  the 
house,  washed  their  hands  three  times,  and 
threw  black  beans  nine  times  behind  their  backs. 
At  the  same  time  the  words  were  used,  '*  I  redeem 
myself  and  my  household  with  these  beans,"  and 
the  ghosts  were  bidden  to  quit  the  house.  It 
was  supposed  that  they  followed  behind  the 
thrower  and  gathered  up  the  beans.  The 
Lemures,  as  the  Larvae,  represented  the  spirits 
of  the  wicked  and  haunted  a  house  for  evil : 
beans  were  sacred  to  the  infernal  powers,  for 
which  reason  the  Flamen  Dialis  was  forbidden 
to  touch  or  even  to  name  them,  just  as  he  was 
forbidden  to  approach  a  grave  or  a  dead  body 
(GelL  X.  15) ;  andblaek  beans,  like  the  wd/AfuXas 
its  of  Homer,  would  be  particularly  appropriate 
to  the  Lemures.  That  the  festival  was  a  very 
ancient  one  may  be  conjectured  from  ita  fetish- 
like  character,  and  from  the  fact  that  it  was 
celebrated  by  the  father  of  the  family  for  his 
own  household.  (For  the  date  of  the  Lemuria,  see 
Marquardt,  8taatsvenoaltu$ig,  Hi.  575 :  and  for 
details  of  the  ceremony,  Ovid,  /.  c. ;  Preller,  ItSnu 
Myth.  499.)  [L.  S.]    [G.  E.  M.Q 

LENAEA.    [DiONTSiA.] 

LENO,  LENOGI'NIUM.  Lenodnium  is 
defined  by  Ulpian  as  the  keeping  of  slaves  or  free 
women  for  prostitution  and  the  profits  of  it : 
**Lenocinium  facit,  qui  quaestuaria  mancipia 
habet,  sed  et  qui  in  liberis  hunc  quaestum 
exercet  in  eadem  causa  est "  (Dig.  3,  2, 1 ;  A.  4^ 
2) :  cf.  Dig.  23, 2, 6-9,  **  Lenas  eas  diicimus  quae 
mulieres  quaestuarias  prostituunt."  The  brothels 
of  Rome  {iupanarid)  are  mentioned  by  Plautus, 
Juvenal,  and  Quinctilian.  In  the  Digest  it  is 
said  more  than  once  (e.g.  23,  2,  4;),  1)  that  the 
keeping  of  a  tavern  was  often  no  more  than  a 
cloak  for  this  kind  of  trade;  and  Alexander 
Severus  enacted  (Cod.  4,  56,  3)  that  an  ancilla 
who  was  sold  under  a  condition  that  she  should 
not  be  prostituted,  should  not  either  be  sold  into 
service  in  a  public  house,  as  if  the  two  things 
were  almost  identical.  The  trade,  however,  was 
not  forbidden,  though  it  seems  to  have  been 
requisite  for  lenones  to  be  registered  with  the 
aedile,  and  by  the  praetor's  edict  they  were  ona 


liEONIDEIA 


LESCHE 


31 


cf  the  dasKs  branded   with    the    stigma    of 

iis/iMu(Dig.  3^  2»  4, 2) :  in  the  time  of  (^ligola, 

too  (SiKtea.  CiUig.  40)|  a  tax  was  imposed  on  all 

who  kepi  brotheU.    Theodosios  and  Valentinian 

(Cod.  I,  4, 12)  enabled  slaves  and  children  whom 

thdr  maslen  or  fathers  forced  to  prostitution 

t->  okaiB  protection  bj  application  to  the  au- 

Uioritim  of  the  charch,  and  they  also  forbade 

tbe  practice  of  lenodnium  under  pain  of  exile, 

i-.rporal  punishment,  &c.  (Cod,  Theod.  15,  8,  1, 

I:  .Vov.  Iheod.  tit.  18).  Justinian {Nw.  14)  also 

attempted  to  suppren  the  business  by  banishing 

lenones   irom    the  city,  and  by  making    the 

oTners  cf  bouses  who  sJlowed  prostitution  to  be 

carried  on  in  them  liable  to  forfeit  the  houses 

as4  pay  ten  pounds  of  gold :   those   who  by 

triciceryor  force  got  girls  into  their  possession 

laJ  gare  them  up  to  prostitution  were  ponished 

Yith  the  **  extreme  penalties,"  but  it  is  not  said 

what  these  were. 

Most  of  the  passages  bearing  on-this  subject 
ID  the  writings  of  the  jurists  relate  to  the 
i^aociaiom  which  the  Lex  Julia  de  adulteriis 
(:>ig.48, 5,  2, 2 ;  cf.  Ck>d.  9,  9,  2)  subjected  to 
i£^t  penalties  of  adtdUrhtm  itself,  for  which  see 
Jn^t,  ir.  18,  4.  Among  such  acts  are  allowing 
oat's  hoose  to  be  used  for  adultery  or  siupnon ; 
acqaiescing  in  the  adultery  of  one's  wife  in  order 
to  &hare  the  gain  she  made;  to  keep  or  take 
Uck  a  wife  whom  one  has  detected  in  an  act  of 
adaltery  (Suetoa.  Ihm.  8;  Paul.  Sent.  rec.  2, 
26,  8);  to  let  an  adulterer  detected  in  the  act 
escape,  or  not  to  prosecute  him.  A  husband 
vbo  winked  at  his  wife's  adultery  had  no  right 
te  retain  any  portion  of  the  dos  (Dig.  24,  3, 47) ; 
bat  by  No9.  117,  9,  3,  Justinian  allowed  a  wife 
a  diroroe  if  her  husband  attempted  to  make  her 
pra«titate  herself^  and  enabled  her  to  recover 
b>th  dta  and  donatio  propter  w^piias.  With 
respect  to  other  persons  than  the  husband,  it 
«u  knodninm  by  the  Lex  Julia  if  a  man 
curried  a  woman  convicted  of  adultery:  if, 
baring  detected  others  in  adultery,  he  held  his 
peace  for  a  sum  of  money,  or  if  he  commenced 
«  pneecution  for  adultery  and  then  discon- 
tinued it.  (Kein,  Crimmalrecht  der  Itomer, 
p.  883 ;  Walter,  Qetchichte  des  romischen  Sechts, 
§  611.)  [G.  L.]    [J.  B.  M.] 

LEONIDELA  (XmriScra)  were  solemnities 
celebrated  every  year  at  Sparta  in  honour  of 
Uooidas,  who,  with  his  300  Spartans,  had  fallen 
at  Tnermopylae.  Opposite  the  theatre  at  Sparta 
tbere  were  two  sepulchral  monuments,  one  of 
Paoianiasaad  another  of  Leonidas,  where  a  content 
vas  held,  in  which  none  but  Spartans  were  al- 
lowed to  take  parU    f  Pans,  iiu  14,  §  1.)   [LS.] 

LEPE8TA  (Knitmi)^  a  wine  bowl   men- 

tieaed  bv  Tarro  among  vtua  vmaria.    He  also 

^JS  **  ubi  erat  vinam  in  mensa  positum,  aut 

Wpeitam  ant  galeolam  aut  sinum  dioebant ;  tria 

^atrn  pro  quibus  nunc  dicimus  acratophoron " 

(Varr.  op,  Priscaan.  vL  714).    It  was  therefore, 

like  the  acratophonniy  filled  with  pure  wine  and 

placel  on  the  table.    He  speaks,  too  (Z.  X.  v. 

•%  35),  of  its  being  used  in  Sabine  sacred  rites 

t«  hoU  wine ;  and  says  that  it  wss  either  of 

j»tt€ry  or  metal  (Varr.  ap.  Non.  647,  26.    See 

^^  ArisL  Pox,  916,  and  Athen.  484  f.).     In 

these  iostaaoesit  seems  to  be  used  as  a  drinking 

^?.    Its  shape  may  be  guessed  from  its  con- 

Kxioa  with  the  word  Xdwasy  "  a  limpet,*'  a  more 

KcUbU  source  than  xdtrrm,  ^  to  swallow.'*    It 


may  be  noticed  that  conversely  the  Latin  word 
for  limpet  is  patella,  (Marquardt,  Privatl^ben, 
654 ;  Becker-Gdll,  (?a//tia.  iii.  410.)     [G.  E.  H.] 

LEPTON.    [Chalcus;  Obolos.] 

LERIA.    [LiMBUS.] 

LEBNAEA  (Aepyoua)  were  mysteries  cele- 
brated at  I^erna  in  Argolis  in  honour  of  Demeter 
and  also  to  Dionysus,  for  both  deities  had 
shrines  there.  Dionysus  had  d^cended  by  the 
marsh  of  Lema  to  the  nether  world  to  seek  his 
mother  Semele.  Pausanias  says  that  part  of 
these  rights  might  be  revealed  to  the  uninitiated, 
but  that  which  belonged  to  Dionysus  mieht  not. 
Probably  these  mysteries  reproduced  the  doc- 
trines of  Eleusis  about  a  future  life.  We  are 
told  that  there  was  a  doubtful  tradition  to  the 
effect  that  Philammon  instituted  these  mysteries. 
In  ancient  times  the  Argives  brought  firs  for 
them  from  the  temple  of  Artemis  Pyronia  on 
Mount  Crathis.  (Paus.  ii.  36, 37,  viii.  15 ;  Maury, 
Belkf.de la  Qrece,i\,^10.)       [L.S.]  [G.E.M.J 

LESCHE  (X^oxif)  Moms  to  be  connected 
with  Xryotf,  though  the  history  of  the  form 
which  it  takes  is  not  quite  clear  (Ourtius,  Greek 
Etym.  366).  It  means  couTcrsation,  and  hence 
a  place  of  conversation  or  counciL  The  defi- 
nition in  Photius  is  Kivx"^  Hktyoy  btifiotrlous 
Twiis  rivovs,  iv  oh  trxo^h^  Syoyrn  iinB4(ovro 
xoKKoi  ....  i^4fyeas  8i  ifjudas  ywMau  In 
early  times  they  were  the  places  for  lounging 
and  gossip,  such  as  could  be  found  in  the 
village  smithy,  wap*  8*  XBi  xoXkuov  BAkov  ica2 
^woAca  \icxnv  (Hes.  Op.  491).  (Compare  the 
mention  of  ftamus  as  a  place  for  gossip  in 
Horace.)  In  Od,  xviii.  329  the  X^o'xv  seems 
to  be  mentioned  as  distinct  from  the  smithy, 
though  both  are  mentioned  as  places  for  gossip. 
It  is  probable  that  even  in  those  early  times 
there  were  covered  places,  porticoes  or  verandahs, 
open  to  the  sun  (a\cc(yol  t^woi,  as  Hesychius 
calls  them,  and  this  is  probably  the  sense  of 
^iraXi^s),  which  were  used  as  a  sort  of  village 
club.  We  gather  from  the  gramnurians  that 
there  were  commonly  in  Greek  cities  such 
places  called  A.co'xai,  where  the  idle  resorted 
for  conversation,  the  poor  to  find  warmth  and 
shelter;  at  Athens  it  is  said  that  there  were 
several.  (Eustath.  ad  Od.  L  c;  Proclus  ad 
Hes.  /.  c. ;  Kuhn  ad  AeL  F.  H.  ii.  34; 
C.  I.  93,  23.) 

In  the  Dorian  states  especially  we  find  the 
word  used  for  a  sort  of  club-room  and  as  a 
pbce  for  meeting  and  consultation.  At  Sparta 
every  phyU  had  its  lesche.  Pausanias  names 
two,  one  called  the  X^o'xiy  Kporoydr,  the  other 
(from  its  decoration)  the  Kitrxyi  wocicfxi}  (Paus. 
iii.  14,  %  240 ;  15,  §  245).  Plutarch  (Lye.  xxv. 
§  55)  speaks  of  them  as  used  for  business  also, 
but  especially  for  the  relaxation  of  the  citizens 
(flZwriM  rov  v6vov\  in  contrast  to  their  severe 
bodily  exercises  and  drilling;  in  fact,  '*The 
proper  home  of  the  Spartan  art  of  speech, 
the  original  source  of  so  many  Spartan  jokes, 
current  over  all  Greece,  was  the  Lesche,  the 
place  of  meeting  for  men  at  leisure  near 
the  public  drilling-grounds,  where  thev  met 
in  small  bands  and  exchanged  merry  talk,  as 
soldiers  do  by  the  watch-fire  in  the  camp. 
Here  men  learnt  the  give-and-take  of  Spartan 
speech  "  (Curtius,  Hist,  of  Greece^  E.  T.,  vol.  i. 
p.  205).  No  doubt-  those  at  least  mentioned 
by  Pausanias  had  some   architectural  preten- 


32 


LEX 


LEX 


sionSt  An<l  vc  ^^^  others  sach  elsewhere,  es- 
pecially thoM  in  connexion  with  the  temples 
of  Apollo  (which  suggests  that,  though  in 
vogue  among  louians  also,  they  belonged  more 
particularly  to  Dorians);  and  hence  Apollo  as 
their  guardian  is  called  Aeirxiii^p<of*  Most 
famous  of  all  was  the  Lesche  of  the  Cnidians  at 
Delphi,  a  court  surrounded  by  colonnades  or 
cloisters  and  painted  in  the  colonnades  on  the 
right  and  left  by  Polygnotus :  the  Trojan  war 
on  the  right,  with  the  taking  of  the  city  and 
the  loosing  of  the  fleet;  the  realms  of  death, 
into  which  Ulysses  descended,  on  the  left.  The 
paintings  are  elaborately  described  by  Pausanias 
(z.  25-31,  §  859  sg.),  who  was  fortunate  enough 
to  hare  seen  them.  [P.  S.]    [G.  £.  M.j 

LEX.  This  term  indicates  generally  a  rule 
of  law  binding  universally  on  the  citixens  of  a 
given  state:  ''Lex  est  commune  praeceptum, 
virorum  prudentium  consultum,  delictorum 
coercitio,  communis  reipublicae  sponsio"  (Dig. 
1,  3,  1);  '^Legis  virtus  est  haec,  imperare, 
vetare,  permittefe,  punire"  (tb.  7).  In  the 
works  of  the  Roman  writers  and  jurists  it  is 
used  to  denote  an  enactment  of  any  body  (or 
even  individual)  constitutionally  empowered  to 
legislate,  but  more  properly  it  is  used  only  ot 
the  enactments  of  the  Comitia  Centuriata. 
Definitions  of  lifx  will  be  found  in  Cicero,  de 
Leg,  i.  6  (cf.  ii.  16);  in  Aulus  Gellius,  z.  20  (by 
the  jurist  Capito);  in  Gains,  L  3  (adopted  in 
Justinian's  Institutes,  i.  2, 4) ;  and  in  Dig.  1, 3, 1 
(by  Papinian). 

The  earliest  leges  of  which  we  read  were  those 

made  in  the  Comitia  Curiata  (whence  they  are 

called  Leges  Curiatae),  which  till  the  reforms  ot 

Servius  Tullius  was  the  only  legislative  body  at 

Rome.    Some  of  these — ^the  so-called  lege$  regiae 

-—were  said  to  have  been  enacted  by  the  Comitia 

on  the  motion  of  Romulus,  as  well  as  of  the 

kings  who  succeeded  him  (Die.   1,   2,  2,  2). 

Dionysius  says  (iii.  36)  that  a  collection  of  these 

leges  regiae  was  made  towards  the  end  of  the 

regal   period  by  one  Sextus  Papirius,  a  com- 

mentai^  on  which,  written  in  the  time  of  Julius 

Caesar  by  Granius  Flaccus,  is  quoted  in  Dig. 

50,  16,  144;   but  it  is  improbable  that  they 

were  anything  more  than  formal  restatements 

of  customary  law  already  binding,  and  the  fact 

that  Sextus  Papirius  was  (according  to  Dionysius) 

a  pontifez  suggests  that  they  may  have  been 

only   of   sacenlotal    import.    (Some    of   their 

sulotance  has  been  collected  in  a  fragmentary 

form  by  earlier  writers,  and  there  is  an  essay 

on  the  subject  by  H.  £.  Dirksen :   Vertuche  tur 

Kritik  v$td  Auslefjvng^  Leipzig,  1823).    It  may 

indeed  be  doubted  whether  any  large  proportion 

of  the  enactments  of  the  Comitia  Curiata  were 

genuine    ''laws,"  though    the    fifty    leges    of 

Servius  mentioned  by  Dionysius  (iv.  13)  seem 

to  have  made  some  general  changes;  at  any 

rate  it  is  certain  that  afler  the  establishment  of 

the  Comitia  Centuriata  by  Servius  Tullius  the 

assembly  of  the  Curiae,  as  a  legislative  body, 

fell  almost  entirely  into  disuse.     We  read  of  its 

conferring  the  imperium  on    the  magistrates, 

sanctioning   testaments    and    adrogations,  and 

confirming    some    of    the    resolutions    of  the 

centuries  which  were  held  to  require  a  religious 

sanction,  and  in  all  these  cases  it  acted  by  a 

resolution  or  lex^  but  the  difference  between 

such  a  lex  and  a  true  law  is  too  obvious  to  need 


any  further  exposition.  And  though  even  under 
Augustus  a  shadow  of  the  old  constitution  was 
preserved  in  the  formal  bestowal  of  the  imperium 
by  a  Lex  Curiata  only,  the  assembly  of  the 
Curiae  had  ceased  even  before  Cicero's  time  to 
consist  of  the  old  patricians :  they  were  merely 
represented  by  thirty  lictors. 

In  the  sense  of  a  genuine  enactment,  establish- 
ing a  rule  of  law,  lex  denotes  the  legislation  of 
the. Comitia  Centuriata,  in  which  the  law  was 
proposed  (rogehatur)  by  a  magistrate  of  senatorial 
rank,  usually  by  one  or  both  of  the  consuls  for 
the  year  (/nst.  i.  2,  4).  Such  leges  were  also 
called  populiscita  (Festus,  s.  v.  Scitum  Pop.). 

The  resolutions  of  the  Comitia  Tribnta,  whose 
origin  was  almost  contemporaneons-  with  that 
of  Jhe  centurial  assembly,  had  not  at  first  the 
force  &r  Taw :  they  seem  to  have  been  re- 
garded merely  as  expressions  of  plebeian  opinion, 
by  which  the  patricians  gauged  the  temper  of 
the  political  opposition,  and  were  guided  to  the 
line  of  policy  which  party  exigencies  rendered 
expedient.  They  were  known  as  piebeiscUa 
because  the  Comitia  Tributa  was  at  first 
attended  only  by  members  of  the  plebs,  though 
every  Roman  was  in  fact  enrolled  in  a  tribe, 
and  entitled  *  to  attend.  When  the  tribunnte  of 
the  plebs  was  instituted  (ctrc.  B.C  494)^  a  means 
was  provided  by  which  the  resolutions  of  the 
tribes  might  become  law.  The  tribunes  vrere 
permitted  to  appear  at  the  threshold  of  the 
building  where  the  senate  deliberated,  and  lay 
before  it  the  proposals  of  the  order  which  they 
represented :  if  approved,  these  proposals  could 
then  be  referred  in  the  ordinary. way  to  the 
Comitia  Centuriata,  and  thereby  become  genuine 
enactments  of  the  sovereign  populus  (VaL 
Max.  ii.  2,  7).  After  the  enactment  of  the  Lex 
Horatia  Valeria  (b.c.  449)  the  patricians  seem 
to  have  begun  to  take  part  in  the  business  of 
the  Comitia  Tributa,  and  it  was  perhaps  provided 
by  the  same  statute  that  plebiscita  which 
related  to  matters  of  purely  private  law  should 
have  binding  force  without  confirmation  by  the 
centuries.  This  exemption  was  apparently  ex- 
tended to  all  plebiscita  by  the  first  of  the  Leges 
PublUiae,  B.C.  339  (Liv.  viii.  12 ;  Gellius,  zv.  27\ 
and  finally  a  Lex  Hortensia  (B.a  287)  dispensed 
with  the  requirement  of  senatorial  sanction  to 
plebiscita.  By  this  last  change  they  were 
placed  on  a  footing  of  complete  equality  with 
leges  passed  in  the  Comitia  Centuriata  (Dig. 
2,  14,  7,  7;  Gains,  i.  3;  Inst,  i.  2,  4):  as  the 
latter  were  proposed  to  the  centuries  by  a  q^na- 
torial  magistrate,  so  they  were  submitted  to  the 
tribes  by  a  tribune :  leges  related  in  the  main 
to  administrative  and  constitutional  matters, 
plebiscita  to  matters  of  private  law.  The  resnH 
of  the  equal  legislative  authority  of  the  two 
comitia  was  that  plebiscita  came  not  uncommonly 
to  be  called  leges,  lex  becoming  a  generic  term 
(Dig.  1,  3,  32,  1),  to  which  was  sometimes 
added  the  specific  designation,  as  ^  lex  plebeive> 
scitum,**  ''lez  sive  plebiscitum  est**  {e,g.  the 
Tabula  Heracleensis,  Savigny,  JZMIscAn/l,  &c. 
vol.  iz.  p.  355).  Cioero,  in  his  enumeration  of 
the  sources  of  Roman  law  (.Top,  5%  does  not 
mention  plebiscita,  which  he  undoubtedly  in- 
cluded under  leges:  among  the  so-called  leges 
which  in  fiut  were  plebiscita  are  the  Lex 
Aquilia  ^c.  pro  TuUio,  8,  11 ;  Dig.  9,  2,  1,  1), 
the  Lez  Cannleia,  Lex  Rubria,  Ike. 


LEX 


LEX 


33 


The  term  rvgatio  means  any  measure  proposed 
(lill,  pnget  de  kn)  to  the  legislative  body, 
vbftto"  on  its  enactment  it  would  technically 
he  1  Jex  Of  a  plebiscitom :  hence  the  expressions 
j^v^km  roffort  (Cic  Pkil.  i.  10,  26),  piebem  rogare 
I  Jr  Le§.  iil  3, 9),  legem  rogare  {de  Repvbl.  iii.  10, 
17;  Fid.  iL  29,  72;  Dig.  9,  2,  1,  IX  and,  by 
uiogT,  magistrahim  rogare^  to  offer  a  magis- 
«nt«  for  election  to  the  people  (Lir.  iii.  65, 
n.  42;  Gc  cKi  AU,  iz.  15,  2,  &c ;  Sallust, 
/ti^.  29:  c£  Festos,  s.  o.  Rogatio).     The  form 

•  f  &Qch  rogation  (in  the  case  of  an  adrogation 
fei-ted  before  the  Comitia  Ouriata)  is  given  by 

ikIIius,  t.  19,  5,  9:  **Velitis  jubeatis,  uti 
L.  Vaiehns  L.  Titio  tarn  jure  legeque  filins 
«i(t,  <)iiamsi  ex  eo  patre  matreque  familias 
(:jiu  oatos  csset,  utiqne  ei  ritae  neciaque  in  earn 
]<ctestas  siet,  uti  patri  endo  Hlio  est,  haec  ita 
uu  dtxi,  iu  Toa  quirites  rogo."  Assent  to  the 
frfi>f«$ai  was  expressed  in  the  form  "  uti  rogas  ** 
(vrJch  explains  the  term  sponaio  in  the  defi- 
nition of  Ux  above  from  Dig.  1,  3,  1) ;  rejection 
N  the  verb  antiq[w>  (Li  v.  vr.  58,  y.  30,  55,  &c. ; 
Cic  de  0/.  u.  21,  73;  ad  AtU  \.\Z\  de  Leg, 

*  I.  IT,  38).  The  measures  submitted  were  not 
aafreqaently  called  rogattones  even  after  their 
•ie^pite  enactment  as  lege*  or  plebiscita;  and 
ic  I'ig.  35,  2, 1,  pr.,  an  enacted  statute  is  termed 
"lex  rogata."  ** Promulgate  legem'*  denotes 
:^  publication  of  its  terms  for  the  public 
;uormation  (see  Lex  Caeciua  Didia  tn/.), 
>:ch  pablication  being  usually  followed  \y 
:.n/aoae«  or  meetings  in  which  the  bill  vHb 
'■tplsiacd  and  recommended  to  the  people  by 
't»  proposer  or  supporters  (siiosor^):  this 
;>nj>miilgati(m  and  informal  discussion  is  expressed 
'  T  the  phrase  ^ferre  legem  "  as  contrasted  with 
/.'/irr,  which  is  confined  to  the  solemn  sub- 
UiiioQ  of  the  measure  to  the  Comitia  for 
^ttfptaace  or  refusal:  the  general  term  used 
'  r  aoceptaoce  is  "  rogationem  acctpere**  **  X^gem 
l'^<rT«^  is  to  carry  a  rogatio,  to  convert  it 
I'to  a  lex  (C^.  Cornel,  fragm.  ap.  Ascon. ; 
^T.  xxxiii.  46).  Other  terms  familiarly  used  in 
-'uaexion  with  leges  «are  explained  by  Ulpian 
*Bf}.  1,  3):  ^Lex  aut  rogatur,  id  est  fertur: 
^'t  sbrogatur,  id  est,  prior  lex  tollitnr :  aut 
:;riH^Qr,  id  est,  pars  primae  legis  toUitur: 
^A  tmim>gatnr,  id  est,  adjicitur  aliquid  primae 
'fi :  sat  obrogatur,  id  est,  mutatur  aliquid  ex 
yrjTA  lege.** 

Br  Festns  rogatio  U  described  as  equivalent 

'>  vhftt  is  otherwise   called  privUegium:    '*a 

'Qnoand  of  the  popnlus  relating  to   one  or 

^^^  persons,  but  not  to  all  persons,  or  relating 

t«  o&e  or  more  things,  but  not  to  all:''  cf. 

i^e.  '»\  17,  196.     Pririlegia  had  been  forbidden 

^  t&e  Twelve  Tables  (Cic.  de  Leg.  iii.  19, 44 ;  pro 

^^>no,  17,  43),  but  in  the  sense  of  statutes  in 

fncur  of  or  directed  against  individuals  they 

«*  ci^ouBoa ;  *.</.  the  Lex  Centuriata  by  which 

'^-aro  vas  recalled  from    exile:    "Non  sunt* 

zt^niia  juasa,  . . .  sed   de  singulis    concepta, 

<»<irca  prnSegia  vocari  debent,  quia  yeteres 

'  ^^   dixemnt    quae    nos    singula    dicimus " 

'•>iiiai,  X.  20, 4).   The  term  is  generally  used  by 

*^-eT>  in  the  unfavourable  sense  (pro  Domo,  17, 

*^;  fv^&stto,  30,65;  Brut.  23,89),  and  from  the 

•*=«»?«  h»  pro  DomOf  11,  28,  it  may  be  inferred 

'^  pnvilegia  were  not  considered  leges  proper : 

^  CipiiB  in  Dig.  1,  3,  8 :  ^  Jura  non  in  singulas 

i-eruvau,  sod  generaliter    constitunntur."     In 

voLn. 


the  Corpus  juris  prnUegium  is  used  generally 
to  denote  a /us  singulars  or  privilege  conferred 
on  classes  by  law :  cf.  Dig.  1,  3, 16  ;  9,  2,  51,  2  ; 
1,  3,  14  and  15:  and  see  Savigny,  System^ 
i.  p.  ()1. 

Of  the  form  and  style  of  Roman  legislation 
we  can  judge  to  some  extent  from  the  fragments 
which  survive.  The  Romans  seem  to  have 
always  adhered  to  the  old  expressions,  and  to 
have  Used  few  superfluous  words.  Great  care 
wns  taken  with  such  clauses  as  were  intended 
to  alter  a  previous  lex  (whence  the  standing 
clause  "  de  impunitate  si  quid  contra  alias  leges, 
ejus  legis  ergo,  factum  sit,''  Cic.  ad  Alt.  iii.  23), 
and  to  avoid  all  interference  with  prior  enact- 
ments when  no  change  in  them  was  contem- 
plated (whence  the  common  formula  "  ejus  hac 
lege  nihil  rogatur,"  E.  H.  L.  N.  B.  Lex  Tab. 
Heracl.,  Lex  Rubria,  Lex  Quinctia  de  aquaed. : 
cf.  Valerius  Probus ;  Cic.  pro  Caec,  33,  95 ;  pro 
BalhOy  14,  32) :  though  the  general  principle 
seems  to  have  been  that  a  subsequent  repealed 
or  modified  a  prior  lex  with  which  it  was  incon- 
sistent. The  leges  were  often  divided  into 
chapters  (capita),  e.g,  the  Lex  Aquilia  (Gains,  iii. 
21C,  215,  217):  cf.  also  the  tablet  of  the  Lex 
Rubria  or  de  Gall.  Cisalp.  and  Cic.  ad  Att.  1.  c. 
In  order  to  preserve  a  permanent  record,  the  lex 
was  engraved  on  bronxe  (aes)  and  deposited  in 
the  Aerarium  (Sueton.  Jul,  28 ;  Plut.  Cat,  min. 
17):  but  it  also  seems  to  have  beeu  usual  to 
cut  statutes  on  tablets  of  oak  (Dionys.  iiL  36), 
which  were  whitened  over  and  then  fixed  in  a 
public  place  for  all  citizens  to  read,  though 
whether  they  were  so  exposed  for  any  great 
length  of  time  is  uncertain  (Cic.  ad  Att.  xiv. 
12).  The  title  of  the  lex  was  generally  derived 
from  the  gentile  name  of  the  magistrate  who 
proposed  it,  and  sometimes  from  those  of  both 
the  consuls  or  praetors  (e.g.  Lex  Aelia  Seutia, 
Junia  Norbana,  Papia  Poppaea,  &c.) :  and  it 
was  sometimes  further  described  by  reference  to 
the  topic  to  which  it  related  (e.g.  Lex  Cincia  de 
donis  et  muneribus.  Lex  Furia  de  sponsu,  Lex 
Furia  testamentaria.  Lex  Julia  municipalis,  &c.). 
Leges  which  related  to  a  common  subject  were 
often  designated  by  a  collective  name,  as  Leges 
agrariae,  judiciariae,  sumptuariae,  &c.  When  a 
lex  comprised  very  various  provisions,  relating 
to  matters  essentially  different,  it  was  called 
Lex  Satura. 

The  terms  in  which  a  statute  was  expressed 
were  fixed  by  the  proposer,  though  he  would 
usually  be  assisted  by  others  who  possessed  the 
requisite  familiarity  with  technical  language: 
it  was  proposed  to  the  Comitia  for  acceptance  or 
rejection  in  its  entirety,  there  being  no  discus- 
sion of  or  alteration  in  its  clauses,  which  indeed 
in  Luch  an  assembly  would  have  been  injurious, 
if  not  impossible.  One  important  part  of  the 
lex  was  its  sanctio — i.e.  that  part  of  it  which 
provided  a  penalty  for,  or  declared  what  should 
be  the  effect  of,  its  infraction  (fnst,  ii.  1,  10 ; 
Attct.  ad  Hcrenn.  ii.  10 ;  Cic.  de  Invent,  ii.  49, 
146 ;  Papinian  in  Dig.  48, 19,  41).  If  the  sanctio 
declared  that  the  act  against  which  the  statute 
was  directed  should  be  void,  the  lex  was  said  to 
be  perfecta  ;  if  there  was  no  suoh  provision,  it 
was  imperfecta  (e.g.  the  Lex  Cincia)  :  and  if  an 
act  was  merely  penalised,  but  not  declared  void, 
the  lex  is  said  by  Ulpian  (Reg.  1,  2)  to  be  called 
*'  minus  quam  perfecta "  (ejg,  the  Leges  Furiae 

D 


34 


LEX 


LEX  AEBUTIA 


tesUmentaria   and    de  sponiu):    cf.    Sarigny, 
System,  iv.  p.  549  sq. 

The  number  of  leges  was  largely  increased 
towards  the  end  of  the  republican  period  (Tac. 
Ann.  iii.  25-28),  and  Julius  Caesar  is  said  to 
have  contemplated  a  revision  of  the  whole  of 
them.  Augustus,  and  perhaps  his  immediate 
successors,  was  careful  to  conduct  his  legislation 
under  republican  forms,  though  it  may  be 
doubted  whether  any  statute  was  enacted  after 
the  fall  of  the  Republic  except  on  the  initiative 
of  the  emperor,  or  at  any  rate  without  his 
sanction  express  or  implied.  The  Comitia 
assembled  and  gave  the  force  of  law  to  the  pro- 
posals submitted  to  them  for  some  time  after 
tiie  constitution  had  lost  all  trace  of  real 
freedom  (Tac.  Ann.  i.  15  relates  to  the  election 
of  magistrates,  not  to  legislation) ;  and  most  of 
the  Leges  Juliae,  a  Lex  Visellia,  nn  agrarian  law 
of  Caligula,  and  a  law  of  Claudius  (Gains,  i.  157, 
171)  were  enacted  in  the  ordinary  way.  The 
last  statute  which  we  know  to  have  been  passed 
in  this  nunner  is  a  lex  agrarin  of  the  time  of 
Nerva  (a.d.  96-98),  mentioned  in  Dig.  47,  21, 3, 
1.  Gaius  speaks  of  the  Comitia  as  in  theory 
still  a  source  of  law  (**lex  est,  quo!  populus 
jubet  atque  oonstitmtf  plebiscitum,  quod  plebs 
jubet  atque  amstituit"  i.  3 :  cf.  Inst.  i.  2,  4,  in 
which  the  present  tense  has  been  turned  into 
the  past):  but  it  is  improbable  that  they  had 
been  called  upon  to  discharge  legislative  func- 
tions since  a.d.  100. 

For  some  reigns  after  that  of  Augustus  legis- 
lation was  most  ordinarily  conducted  by  resolu- 
tions of  the  senate  [Sematusooksultum],  into 
which  the  proposed  law  was  introduced  by  a 
consul,  or  very  often  by  an  oration  of  the 
emperor  [Constitutiones].  Originally  senatns- 
consulta  did  not  acquire  the  force  of  law  until 
they  had  been  confirmed  by  the  Comitia,  in 
which  case  they  were  leges  proper :  but  during 
the  last  half-century  of  the  Republic  the  senate 
asserted  and  established  an  independent  right 
of  legislation.  Hence,  when  genuine  statutes 
ceased  to  be  enacted  with  any  frequency, 
senatusconsulta  came  to  be  actually  called  leges. 
Justinian  says  {Inst.  i.  2,  5),  **  Cum  auctus  esset 
populus  Romanus  in  eum  modum  ut  difficile 
esset  in  unum  eum  convocari  legis  sanciendac 
causa,  aequum  visum  est  senatum  vice  populi 
consul!:"  a  passage  based  on  similar  language 
of  Pomponius  in  Dig.  1,  2,  2,  9.  The  name 
comitia  came  to  be  commonly  given  to  the 
sittings  of  the  senate  (Tac.  Ann.  i.  15  ;  Capitol. 
Max.  10).  Gaius  says  (i.  4)  that  a  senatus- 
consoltum  '*  vicem  legis  obtinet,"  and  in  i.  85  he 
terms  a  senatusconsult  of  Claudius  a  lex:  for 
similar  passages  cf.  Dig.  14,  6,  9, 4 ;  ib.  14 ;  48, 
16,  10.  No  senatusconsulta  occur  after  the 
reign  of  Septimius  Severus  (a.d.  193-211).  The 
constitutions  of  the  emperors,  which  succeeded 
senatusconsulta  as  the  ordinary  mode  of  legisla- 
tion, were  also  called  leges  (e.g.  Lex  Anastasiana, 
Cod.  4,  35,  22) :  cf.  Inst.  i.  2,  6,  and  Dig.  1, 
4,  1 :  *'  Quodcunque  Imperator  statuit,  legem 
esse  constat."    [See  Constitutioxes.] 

A  less  common  and  proper  signification  of 
lex,  quite  distinct  from  that  of  a  general  rule  of 
law,  is  that  in  which  it  denotes  the  conditions 
under  which  a  thing  is  to  be  done,  or  under 
which  parties  contract  with  one  another: 
e.g.  "  lex  commissoria  "  [CommubOBIA]  ;  ^  leges 


I  venditionis  "  or  ^  emptionis,"  conditions  of  sale. 
Dig.    18,   1,   40  (which   explains    why   Cicen^ 
speaks  of  Marcus  Manilius*  work   on  etkie^  a->> 
^  Manilianas  venalium  vendendorum  lege*,"  d 
Orat  i.  58,  246);  ''legem  traditioni    diren%'* 
Dig.  8,  4,  17,  3 ;  «*  lex  donationia,"  Dig.   1,  .% 
22.     Accordingly  we  find  the  expression  ^  lee*;-^ 
censoriae "  to  express  the  conditions  on  which 
the  censors  let  the  public  property  or  taxes  to 
farm,  which  were  perhaps  embodied  in   certain 
standing  regulations  {Fragm.  de  jurefisci^  %  ISi 
Dig.  50,  16,  203).    Similarly  the  term  is  used  r-t 
conditions  imposed  on  a  testamentar}'  disposi- 
tion:  ^Megatario  legem  dicere,"  Dig.    40,    T^; 
40,  1 ;  cf.  Dig.  32,  22,  pr.     Not  unfreqnently 
lex  denotes  merely  the  statute  of  the  Twelve 
Tables  (e.g.  Dig.  2,  14,  7,  14;  8,  3,  13  ;  41,  X 
3,  &c.),  and  in  one  passage  it  means  nothini; 
more  than  the  nature  or  character  of  a  thin  j : 
"  lex  danda  operi  talis,  ne  quid  noceat  vicini5." 
Dig.  39,2,  15,  10.    The  extant  authorities  fK*T 
Roman  leges  are  inscriptions  and  the  works  4»r 
the  classical  writers  and  jurists.    The  C<>rpu-s 
Inscriptitmum  Latinarum  of  Mommsen  of  cottr>c 
comprises  all  extant  records  of  aathentic    legis- 
lation, along    with    a  vast   number   of    other 
inscriptions ;  smaller  collections,  relating  mor* 
particularly   to  leges,    are  those  of    Gdttlin? 
{Edmis<Ae  Urkunden  auf  Erz  und  Stem^   Hall*-, 
1845)    and    Zell    (^Delectus  inscriptiantan    at-i* 
numumentis  legcd{bus    fere   omnibus) :    cf.    als4» 
'RmAotS,  Rdmische  RechtsgescMchtej  i.  $§  81 -SC. 
The  best   information   as  to   the  fragmentarv 
citations  from  or  references  to  leges  which  ar<>- 
found    scattered   about    in    non-jnristjc    Latin 
writers  is  to  be  obtaiued  from  Hanbold's  Imii' 
tutkmes     juris     Momani     lUterariatj     toL     i. 
pp.  241-44,  297-349   (Leipzig,  1809):    of  the 
imperial  legislation  (independently  of  the  Coder 
which  have  come  down  to  us)  there  is  a  very 
full  collection  by  Haenel,   Corpus  iegwn,    kcj 
Fasc.  t  (Leipzig,  1857).     But  perhaps  the  iians4| 
useful  modem  collection  to  the  classical  studeni 
is  that  of  Orelli  (vol.  viii.   of  his  edition 
Cicero)    entitled     **  Index    legvan    RomanarHx 
quorum    apud    Cioeronem    ejusque    SchoHast 
item  apud  Ztbium^     Velleium    Paierculion, 
Qellium  nommatim  mentioiit.** 

The    following    is    a    list  nf   the   principi 
Leges: — 

ACI'LIA  DE  OOLONIIS  DEDUCENDIB,  fi.C.   I'.l 

(Liv.  xxxii.  29). 

AGIXLA.  REPETUKDABUV,  B.a   102    (Cic  l) 

Verr.  i.  17,  51  ;  ii.  1,  9).     [Repetundae.! 

ACI'LIA  OALPUKNLA,  b.c.  68  (Dio  Cas 
XXX vi.  21).    [AMBrrus.] 

AKBU'TI  A,  enacted  probably  about  B.c.  17|^ 
(for  the  various  views  as  to  its  precise  date  Fi 
Rudorff,    Rcchtsgeschichte,     i.   §    44>    p.   \Ci^ 
Padelletti,  Hist.  Roman  Law,  ch.  32,  note  2) 
abolished  the  legis  actio  procedure  except  in  suk^ 
tried   before  ccntumviri,  in  cases  of  damnn] 
infectum,   and   for  the   voluntary  jurisdictii 
employed  for  adoption*,  manumissions,  in  Jm 
cessio,  &c.  (Gellius,  xvi.  10,  8;  Gains,  iv.  '^i] 
[Judex  ;    Actio.]     Another  lex  of  the   saj 
name  prohibited  the  proposer  of  a  lex  wlii< 
created  any  office  or  power  (curaHo  ae  potestt 
from  having  such    otilice  or   power,  and    er-^ 
excluded  his  collegae,  cognati  and  affincs  (Ci 
de  lege  agr.  [in  Hull.]  ii.  8,  21 ;  die  Domo.  2( 
51). 


rirj 


LRX  AELIA 


LEX  AMPIA 


35 


AEXIA.     This  and    a  Lei   Fnfia   passed 

tawai^b  the  end  of  the  sixth  centuiy  of  the 

cjtT  (lie,  m  Piton..5y  10)  gare  erery  miagistrate 

tht  ligM  of  declaring  beforehand  his  intention  of 

liiJMg  tbe  omens  on  a  fixed  day,  and  thereby 

(cik  Ute  pka  of  their  being  unfavonrable)  of 

frv^ating  the  assembly  of  the  Comitia  (ctmunF' 

Hiii}).    inds  right   was    frequently  exercised 

ijitost  the  tribiuies  of  tne  people  (Cic  in  Faith. 

:.  ij),  for  which  reason  Clodius  (B.a  58)  got  it 

t'mfiorarily  taken  away  (Dio  Cass,  xxxviii.  13). 

1  K  better  opinion  seems  to  be  that  there  were 

I'AO  distinct  leges  (see  Walter,  Qesckichte  des 

a«tKAM  BeckUy  §  152,  note  98);   they  are 

{.•iqceotly  mentioned  by  Cicero,  especially  m 

^  Jiin. ;  pro  Setth ;  mPuon.;  ad  Att.  i.  16,  ii. 

1',  :t.  16,  5.    See  sJso  Orelli's  discussion  of  them 

m  his  OtumasUam;  Index  Legum,  where  the 

I  issues  in  which  they  are  mentioned  are  col* 

ircted ;  a&d  Hominsen,  RSauKkes  Btaatsrechty  i. 

jp.  80, 107. 

AE'LIAde  o(x/>hxi8  dedccendis,  B.a  195 
(Ut.  inir.  53> 

ASXIA  SE'NTIA.  This  was  passed  a.d.  4, 
3i4inij  to  prevent  the  true  Roman  population 
:>•  m  being  swamped  by  a  too  free  exercise .  of 
:>  master's  right  of  making  his  slaves  citizens 
*i  lU>Qie  hj  manumission  [LiBERXUSJ.  It  con* 
UuMd  the  following  provisions : — 

(1.)  SUves  who  had  been  put  in  irons  or 
Iriifjed  by  their  masters  as  a  punishment,  or 
;  .t  to  toriore  on  a  criminal  charge  and  con- 
r.-ted,  or  made  to  fight  in  the  arena,  or  thrown 
iii'i  prison  or  consigned  to  the  gladiatorial 
» .'tool,  were  not  by  subsequent  manumission  to 
'tuii  say  higher  status  than  that  of  peregrii^ 
•i^idkH  (Gains,  i.  13 ;  Ulpian,  Beg.  i.  11 ;  Paul. 
!f^%t  rec  ir.  12,  3-8:  see  Dediticii  and 
Ukebtts).  (ii.)  Slaves  under  thirty  years  of 
*it  could  not  in  future  be  manumitted  so  as  to 
fi«cv>me  C3CCS  unless  the  form  of  manumission 
^re  **  per  rindictam,"  and  a  sufficient  reason 
^'  ii  were  proved  before  a  consilium,  consisting 
^  K/me  «>f  five  senators  and  five  equites,  sitting 
'a  fisH  days,  and  in  the  provinces  of  twenty 
r^upexatores  or  judges  who  were  eives,   and 

*  i>  sat  for  this  purpose  on  the  last  day  of  the 

•  ATatTB  or  judicial  assize  in  different  towns 
(cos,  1 18,  20 ;  Ulp.  Rig.  i.  12).  Among  the 
"s'ijicient  reasons"  (Juiae  oauaae)  were  that 
'^  lisre  was  a  child  or  near  relation  of  the 
'- ^nomitter,  or  his  paedagogus;  or  that  he 
^  htd  to  make  him  his  agent,  or  (being  a  girl) 
^  icsrry  her  (Qaius,  i.  19)w  But  even  a  slave 
-3't^r  thirty  could  be  made  a  civis  by  his 
K^«r's  will  if  he  were  instituted  heres  neces- 
'  r,c5  ^  cam  lihertate,'*  and  the  master  was 
iif'UrcBt  (Gains,  L  21).  Slaves  under  thirty 
'  tiiimitt«d  otherwiie  than  *'  vindicta  apud 
''■  ani'raiB  **  at  first  remained  slaves  in  the  eye 

•he  law  [LiBERTt'S],  but  by  the  Lex  Junia 
>  tbans,  A.a  19,  they  acquired  the  status  of 
-^  isi.  Ths  Lex  Aelia  Sentia,  however,  itself 
•'•"-'ndfd  one  way  in  which  they  could  rise  to 
^'4  r^'jition  of  dvitas ;  that  is  to  say,  if  they 
^uTicd  a  dvis  Romana,  or  a  Latina  coloniaria, 
''•  &  voman  of  the  same  class  as  themselves. 
'- 1  u  trideoce  of  this  fact  the  presence  of  five 
^'^la  citizens  of  full  age,  and  begot  a  son  who 
-^**«jaid  the  age  of  one  year,  they  could  prove 
^'-fn  &ets  to  the  praetor  at  Home,  or  the 
{'-^tTBor  ia  a  prorinoe ;  and  on  .the  magiitrate 


declaring  the  case  *'  proven,"  the  man,  his  wife 
and  child  became  all  Roman  citizens.  If  the 
man  died  before  he  had  proved  his  case  to  the 
magistrate,  the  mother  could  do  it,  and  the 
legal  effect  was  the  same.  There  were  also 
other  modes  in  which  a  Latinns  could  become 
civis  [Latinitas  ;  cf.  Poste's  Gaius,  note  on  i. 
35].  (iii.)  Manumission  by  a  master  under 
twenty  was  declared  void  unless  made  *'per 
vindictam  "  and  on  proof  of  a  **  justa  causa  "  of 
the  same  kind  as  above  before  the  consilium 
(Gaius,  i.  38).  Thus,  after  this,  though  he 
could  make  a  will  at  fourteen,  a  master  could 
not  manumit  his  slaves  by  it  unless  he  was 
twenty  (Gains,  i.  40) ;  but  Justinian  permitted 
testamentary  manumission  at  seventeen  {Inst,  i. 
6,  7)  and  (by  N<jv,  119,  2)  even  at  fourteen. 
Even  manumission  in  one  of  the  informal  modes 
(e.g.  mier  amicos)  by  a  master  under  twenty, 
which  at  the  most  could  only  have  made  him  a 
Latinus,  was  held  void  unless  a  "justa  causa" 
were  proved  before  the  consilium  (Gaius,  i.  41). 
(iv.)  Manumission  being  an  act  by  which  a  man 
diminished  his  property,  manumission  in  fraud 
of  creditors  was  by  the  statute  made  revocable 
by  the  latter  (Gaius,  i.  37 ;  Inst.  i.  6,  pr. — 4), 
and  this  provision  was  extended  to  peregrin!  by 
a  senatusconsult  under  Hadrian  (Gaius,  i.  47) : 
but  it  did  not  apply  to  the  institution  of  a  slave 
as  "  aecessarius  heres,"  in  order  to  save  the 
testator  from  the  disgrace  of  posthumous  bank- 
ruptcy (/nsf.  1.  c.  1).  Similarly  the  patron  of 
a  freedman  who  owned  slaves  was  enabled  to 
prevent  the  llbertus  from  prejudicing  his  con- 
tingent rights  of  succession  by  revoking  manu- 
missions "  in  frandem  patroni "  (Gaius,  i.  37). 
(v.)  The  statute  also  allowed  a  patron  to  bring 
a  criminal  prosecution  against  his  liberti  if 
guilty  of  ii^ratitude  (Dig.  40,  9,  30 ;  50,  16, 
70,  pr. :  cf.  Tac.  Ann.  xiii.  26). 

Of  the  above  provisions  only  the  third  and 
fourth  were  in  force  under  the  law  of  Justinian. 
The  supposed  reference  to  a  Lex  Aelia  Sentia  in 
Cicero  {Top.  2,  10)  is  shown  by  Orelli  to  be  a  , 
myth. 

AEMIIjIA  BAE'BLA.    [Cornelia  Bae- 

BLA.] 

AEMIXIA  DE  CEN80RIBU8,  passed  by  M. 
Aemilius  when  dictator,  B.c.  433 :  \\,  gave  the 
censors,  though  elected  at  intervals  of  five  years, 
only  a  year  and  a  half  instead  of  a  whole  lustrum  J^ 
for  the  discharge  of  their  functions  {e.g.  holding  |' 
the  census  and  letting  out  the  taxes  and  public 
works  to  farm),  so  that  the  state  was  without 
censors  for  intervals  of  three  years  and  a  half 
(Liv.  iv.  24,  ix.  33,  34 ;  Mommsen,  R6m.  Staats- 
recht,  ii.  p.  336). 

AlEMQ'LIA  de  libertinorum  suffraoiis, 
RC.  116  (Aurel.  Vict,  de  Vir,  illustr.  72). 

AJSMIXIA  SUKFTUARIA,  passed  by  Aemilius 
Lepidus,  B.C.  179  (Macrob.  Saturn,  ii.  13,  p.  369). 
Pliny  {ff,  2f.  viii.  5  223)  seems  to  be  refer- 
ring to  a  different  sumptuary  law  of  the  same 
name  passed  by  M.  Aemilius  Scaurus,  B.c.  116, 
though  this  may  have  been'  identical  with  the 
Lex  Aemilia  de  libertinorum  suffragiis. 

AOBA'RIAE.    [Agrarian  Leqes  :  and  Lex 
Apulela;    Cassia;     Cornelia;    Flaminia;    y^ 
Flavia;  Juua;    Licinia  ;    Mahilia;    Sem-     f 
pbokia;  Serviua;  Thoria.] 

A'MBITUS.    [Ambitus.] 

A'MPIA,  a  lex  proposed  by  T.  Ampins  and 

D  2 


2 


30 


LEX  ANASTA8IANA 


LEX  CAEGILIA 


f 


T,  Labienus,  trib.  plebis,  B.C.  64,  by  which  Cn. 
Pompeius  was  allowed  to  wear  a  crown  of  bay 
at  the  Ludi  Circenses,  and  the  like  (Veil.  Paterc. 
ii.  40;  Dio  Caas.  zzxvii.  21). 

ANASTASIA'NA,  a  constitution  of  the 
Emperor  Anastasius,  a.d.  506  (Cod.  4,  35,  22), 
providing  that  no  purchaser  of  a  debt  or  *'  chose 
in  action  "  should  be  able  to  recover  more  from 
the  debtor  than  what  he  had  paid  for  it  himself, 
with  ordinary  interest,  even  though  it  was 
alleged  that  the  transaction  was  in  part  a  gift 
(Vangerow,  Lekrbuch  der  FandekteUt  §  576). 

ANNA'LES  were  those  sUtutes  which  de- 
termined at  what  age  a  man  might  be  a  candi- 
date for  the  several  magistracies:  if  he  was 
elected  to  one  at  the  earliest  possible  age,  he 
was  said  to  become  praetor,  consul,  &c.,  **  anno 
suo  "  (Cic,  de  Off.  ii.  17,  59  ;  PhUip.  v.  17,  47 
sq. ;  Tac.  AtM,  xi.  22).  The  first  of  them  was 
a  Lex  Villia,  proposed  bv  L  Villius,  a  tribune, 
B.C.  180  (Liv.  XXV.  2,  xl.  44),  by  which  a  man 
could  be  elected  quaestor  at  the  age  of  thirty- 
one,  aedile  at  thirty-eeven,  praetor  at  forty, 
and  consul  at  forty-three.  There  seems  to  have 
been  a  Lex  Pinaria  on  the  same  subject  carried 
by  one  M.  Pinarius  Rusca,  a  tribune,  circ.  134 
D.C.  (Cic.  dd  Orat,  ii.  65,  261):  see  Wex,  Bhein. 
Mitsewny  1845,  pp.  276-288;  Hofmann,  Bihn. 
Senai,  pp.  172-177. 

A'NTIA  (Gell.  ii.  24,  13 ;  Macrob.  Saturn. 

ii.  13).      [S(J¥PTUARXAE  LeQBB.] 

ANTO'NIA  de:  termessensibub,  a  plebisci- 
tum  enacted  circ.  72  B.C.,  by  which  Termessus  in 
Pisidia  was  recognised  as  libera.  (See  Foede- 
RATAE  Civitates  ;  Puchta,  InsUUitkmen,  §  69 ; 
and  Dirksen,  Bemerkwigen  iiber  das  Plebiscitum 
de  Thermensibus,) 

ANTO'NIAE,  the  name  of  various  enact- 
ments proposed  or  passed  by  the  influence  of  M. 
Antonius  after  the  death  of  the  dictator  Julius 
Caesar  (Cic.  Phil.  iii.  4,  9 ;  v.  4,  10 ;  vi.  2,  3 ; 
xiiL  3,  5 ;  oJ  Fam.  xii.  14,  6).  One  abolished 
the  dictatorship  (PAiV.  i.  1,  3 ;  Dio  Cass.  xliv. 
51);  others  related  to  the  constitution  of  the 
judicia  (PA»V.  v.  5,  12;  viii.  9,  27),  to  appeaU 
after  conviction  for  Vis  or  Majestas  {Pktl.  i.  9, 
21),  to  permutatio  of  the  provinces  (EHo  Cass, 
xlv.  9,  20 ;  Veil.  Pat.  ii.  20 ;  Appian,  Bell.  Civ. 
iii.  27,  30),  to  honours  to  be  paid  to  Caesar  at 
the  ludi  Romani  {Phil.  ii.  43,  110),  and  to  an 
agrarian  division  of  land  {Phil.  v.  3,  7 ;  Dio 
Cass.  xlv.  9). 

APULE'IA,  B.C.  102,  gave  one  of  two  or 
more  sponsors  or  fidepromissors  (sureties),  who 
paid  the  whole  debt  which  they  had  guaranteed, 
the  right  of  bringing  an  actio  pro  socio  against 
the  rest  for  the  recovery  of  what  he  had  paid  in 
excess  of  his  fair  share  (Gains,  iii.  122).    [In- 

TEBCESSIO.] 

APULE'IA  AOBABIA,  proposed  by  the  tri- 
bune L.  Apuleius  Saturninus,  B.c.  101  (Liv. 
£pU.  69;  Appian,  Bell.  Civ.  i.  29;  Cic.  pro 
Sesiio,  16,  37  ;  47,  101). 

APULE'IA  DE  OOLONiis  DEDUCENDis,  per- 
haps really  a  chapter  of  the  preceding  lex :  at 
any  rate  passed  by  the  same  tribune  in  the  same 
year  (Aurel.  Vict,  de  Vir.  iUust.  73 ;  Cic.  pro 
Balbo,  21,  48). 

APULE'IA  FBUMENTARIA,  of  the  same  date 
and  author  (Anct.  ad  Herenn.  i.  12,  21).    [Fru- 

UENTARIAK  LeOES.] 

APULEIA  MAJESTATlSy  probably  passed  by 


the  same  tribune  and  about  the  same  time  (Cic. 
de  Oral.  iL  25,  49,  107,  201).     [Majestab.] 

AQUI'LIA,  circ.  B.a  287.  [Damni  Injur  u 
Actio.] 

^  ATE'RNIA  TARPEIA,  b.c.  .454,  gave  i » 
all  magistrates  the  right,  which  had  hithert«i 
belonged  only  to  the  consuls,  of  fining  those  wh<* 
resisted  their  authority:  the. maximum  of  thr: 
fine,  which  had  been  fixed  by  a  Lex  Valeru 
(B.C.  509)  at  two  sheep  and  five  oxen,  was  raise- 1 
to  two  sheep  and  thirty  oxen :  cf.  Paptria  i^r 
JuUA  Papiria  (Cic.  de  iepubl.  ii.  35,  60 ;  Diun. 
Halic.  X.  50;  (iellius,  xi.  1,  2-3;  Festus,  s.  er 
Ovibus,  Duobus,  Peculatus ;  Paul.  Diac.  ex  Fest  . 
s.  V.  Haximam  Multam ;  Plin.  H.  iV.  xriii.  §11: 
Niebuhr,  J?^m.  Geschichte,  ii.  p.  341  j^.;  Momm- 
sen,  Bdtn.  Staaisrecht,  i.  p.  128 ;  Huschke,  Muit-t 
pp.  31,  46,  88;  Puchta,  Irutitutionen,  §  53  t./ 
fin.;  Walter,  Qeschichte  des  rdm,  Bechts^  §  3*Jo.) 

A'TIA  DX  SACERD0TII8,  B.C.  63,  proposed  Iv 
the  tribune  T.  Atius  Labienus ;  it  restored  th^ 
regulations  of  the  Lex  Domitia  on  the  sam  • 
subject,  which  had  been  repealed  by  Salla  (Iho 
Cass,  xxxvii.  37  ;  Ascon.  in  JHv.  3). 

ATFLIA.    [Julia  Lex  et  Titia  ;  Tutor."' 

ATITilA  MA'RCIA,  b.g.  312.  related  to  tl.^r 
election  of  tribuni  militum  by  tne  people  (Liv. 
ix.  30). 

ATrXIA,  passed  perhaps  B.C.  198,  repeat?  i 
the  rule  of  the  Twelve  Tables  that  stolen  pri^- 
perty  should  not  be  acquirable  by  usucapio,  ani ; 
added  that  the  uitium  furti  should  be  reInor<^i,  I 
and  the  property  admit  of  usucapio,  as  soon  a^ 
the  owner  recovered  possession  of  it,  or  was  lo  :i 
position  to  bring  a  vindicatio  for  its  recover. 
(GelL  xviL  7 ;  Inst.  ii.  6,  2 ;  Dig.  41,  3,  4,  *i\ 
50,  16,  215:  see  Fu&TUU). 

ATI'NIA,  a  plebiscitum  of  the  time  of  Sulla  ; 
apparently  enacted  that  tribuni  plebis  should  t^ 
elected  solely  Arom  senators.  The  chief  auth^>- 
rity  on  its  content  is  Qell.  xiv.  8  (cf.  PUu. 
H.  N.  vii.  §  143 ;  Cic.  pro  Dom.  47),  which  mny 
also  be  interpreted  to  mean  (1)  that  tribaiii 
plebis  should  become  senators  virtute  officii  5tu 
(Becker,  ii.  2,  277),  or  (2)  that  they  might  (b.it 
not  miLsf)  be  chosen  from  senators  (Hofmann,j 
R6m.  Senat.  pp.  144-165).  On  the  different 
views,  see  Walter",  Qeschichte  des  Hfm,  i?<''V«f«, 
§  140,  note  128.  There  is  a  reference  to  certain 
Leges  Atiniae  in  Cic.  Phil.  iii.  6,  16  ;  Verr.  ij 
42,  109,  of  which  nothing  further  is  known. 
AUFI'DIA,  B.C.  62  (Cic.  ad  Att.  i.  10,  i:'>). 

[AMBITU8.1 

AURETjIA  de  aUBITU  (Cic.  ad  Q.  fratrciv, 
i.  3,  8). 

AUBETjIA  JUDICIakia,  b.c.  71  (ConrI 
fragm.  26 ;  Ascon.  in  Pis.  p.  16,  19,  m  Cor*', 
p.  67,78  sq.\  Liv.  Epit.  xcvii. ;  Veil.  Pat.  i- 
32,  3).    [Judex.] 

AURE'LIA  TRIBUVICXA  (Ascon.  in  Ccm.  y 
66,  78).    [Tribuni.] 

BAE'BIA,  B.C.   192,  enacted  that   four  n:J 
six  praetors  should  be  chosen  in  alternate  year^ 
but   the   law   was  not  observed,'  and   perh.i^i 
repealed  (Liv.  xl.  44 ;  Festus,  s,  v.  Rogat ;  Mey^r; 
Orator.  Bom.  fraqm,  p.  90,  ed.  2). 

BAE'BLl  CORNE'LIA.  See  Corxeli^ 
Baebia. 

CAEGI'LIA  DE  censoribdb  or  censoria 

carried  by  Metellus  Scipio,  B.C.  52 :  it  repeal^K 

a  plebiscitum   of  Clodius  (B.C.  58)  which   ha 

I  prescribed  a  formal  procedure  for  the  censors  u 


LEX  CAECILIA 


LEX  CINCIA 


87 


€i«TtiiiBf  tkcir  fanctioBLS  as  inspectors  of  Mores, 
JT  f  rondbif  that  thejr  should  not,  in  selecting 
tbe  seiale,  pass  over  and  so  cast  a  slur  on  any 
'•Li  vlw  llid  not  been  explicitly  accused  before 
taieiD,  aad  marked  with  the  nota  censoria  by' 
f^-Ui  (Afloon.  in  Fia,  4,  p.  9  (Orelli) ;  Cic.  pro 
.\it  25, 55,  and  Schol.  Bob.  p.  360  ;  Dio  Cass. 
iiiril  13, 15,  xl-  57X 

CAECrUA  DE  Cn.  Pompeio,  b.c.  63  (Schol. 
r>  i:  pro  i^etiiOf  p.  302 ;  Dio  Cjiss.  ixxVii.  43  ; 
i'let.  Cato  minor,  oi  26  sq.). 

CAECIIJA  DE  P.  Sulla  et  P.  Autronio 
{Cx. pn  SitUa,  22  sq, ;  Dio  Cass,  ixxrii.  25:  see 
(.^rdii,  Onomatiioony 

CAECI'LIA.  DS  VECTXGAL1BU8,  B.O.  62,  re- 
l^tfed  the  harbours  of  Italy  from  payment  of 

•  irect  taxes  {portoria)  to  the  state  (Dio  Cass. 
xixriL  51 ;  Cic.  od  Att,  ii.   16  ;  ad  Quint,  fratr, 

10;  Dig.  50,  16,  203X  which,  however,  were 
fr-impofied  by  Caesar  (Suet.  Jul,  43). 

CAECIIJA  DI'DL^,  ac.  98,  forbade  the 
{.•ropodag  of  a  Lex  Satura  (i>.  of  enactments 
nrlatiag  to  difierent  matters  in  one  rogatio),  lest 
frople  might  be  compelled  either  to  vote  for 
'  <setiiing  which  they  did  not  approve,  or  reject 
>jm«thi&g  which  they  did.  It  also  contained  a 
pariiion  that  leges  should  be  promulgated 
I'jdi  MOKfiiMs  before  they  were  proposed  to  the 
Comitia  (Cic  PkU.  v.  3,  8 ;  firo  Dom.  16,  41 ; 
^•>  53;  pro  Settio^  64,  135;  ad  AtU  ii.  9,  1 : 
Ste  LiOSU  JUNIA>. 

CAFLU  TABELLA'RLA,  b.c.  71.    [Ta- 

BELLiRIAE  LbQES.]     . 

UALI'DLA,  B.C.  99,  by  which  Q.  Metcllus 
Nunidiau  was  recalled  from  exile  (Vn).  Max. 
^.  2,  7;  Aurel.  Vict,  de  Viris  iiiuair.  c.  62 ;  Cic. 
,  n  PlandOy  28,  69). 

CALFGULAE  LEX  AGBA'BLA.    [Ma- 

mUA.] 

CALPU'BNLA  DB  ajibitu,  b.c.  67  (Dio  Class, 
iiXTi.  21 ;  Cic.  pro  Mur,  23, 46  ;  32,  67).   [An- 

CaLpU^NLA  de   CONDICnONE,  B.C.  234. 

'^l.^  CoxDxcnoxKii.]  ^ 

CALPU'RNLA  de  REPETXTNDIS,  B.c.|49  (Cic. 
^ryiL  27, 106 ;  de  Of.  Ua  21,  75 ;    Verr.  iv.  25, 

.  •^.  Itc).    [Repetuwdae.] 

^CANULE'LA,  B.a  445,  legalised  cmvbium 

'4tT«ea  patridaos  and  plebeians,  which  had  been 

'V^i  bv  ooe  of  the   two  last  tables  of  the 

«nDTinl  legislation ;  so  that  isaae  of  such  a 

'i^^mage  would   in  future   be  m    the    patria 

•  tMtas  (Lit.  iv.  1,  4,  6 ;  Cic.  dc  Mep.  ii.  37, 

i-A'SSIA  AOBAIOA,  B.a  486,  one  of  the 
'*7ij  coaesssions  to   tbe  plebs   (Liv.   ii.   41 ; 

•  *<i»Ts.  TiiL  76). 

CA'S8L\,  B.a  104,  proposed  by  the  tribune 
-  *'assias  Longinus:  it  deprived  of  their  sena- 

^  rank  those  who  had  been  convicted  in  a 
'>i.ciam  publicum,   or  whose   imperium    had 

*x>  taken  from  them  by  the  populus  (Cornel. 
''^^  24,  p.  451 :  Ascon.  cn  Cornel,  p.  78,  ed. 
"rtib).     Ilommaeo  conjectures    that    it    also 

aLl«d  such  persons  from  all  office  (^Sicuitsrechi, 
■  ?  464). 

CA'SSIA  (Tac  Ann,  xi.  25)  empowered  the 
■^sXnr  Caesar  to  add  to  the  number  of  the 
l«tr<di,  in  order  to  prevent  their  extinction : 
'*  Sikctsn.  Jul.  41.  C.  Gctavius  was  made  a 
t*^  oa  by  this  lex  (Sueton.  Aug.  2). 
CA'SSU  TABELLA'RIA.  bx.   37   (Cic. 


Brut.  25,  97;  27,  106;  de  Legg,  iii.  16,  37). 
[Tahellariae  Leges.] 

CA'SSLA  TERE'NTIA  FBUMENTA'- 
BIA,  B.C.  73,  provided  for  the  distribution  of  corn 
among  the  poorer  citizens,  and  for  the  means  of 
obtaining  it  from  Sicily  ((^ic.  Vot.  iii.  70,  163; 
V.  21,  52). 

CIGEB£'IA  enacted  that  a  creditor  on  taking 
sponsors  or  iidepromisso]*s  should  first  stnte 
publicly  what  the  debt  to  be  guaranteed  was, 
and  also  the  number  of  sureties  he  was  going  to 
take:  if  this  were  not  done,  they  could,  by 
taking  action  within  thirty  days,  procure  their 
release  (Gains,  iii.  123;  Dig.  50,  16,  33;  cf. 
Puchta,  Institutionen,  §  264,  note  s). 

OI'NCIA  or  MUNEBA'LIS,  a  plebiscitum 
carried  by  the  tribune  M.  Cincius  Alimentus, 
B.C.  204(Cic.Cato,4;  cdAtt.  i.  20;  d-  Oral.  ii.  71, 
ji86 ;  de  Senefit.  4, 10 ;  Liv.  xxxiv.  5),  and  entitled 
de  donia  et  munerHnu.  In  relution  to  gifts  pure 
and  simple,  its  enactments  seem  to  have  been 
two  :  (1)  it  forbade  gifts  beyond  a  certain  maxi- 
mum, the  amount  of  which  is  unknown  (/Vo^fm. 
Vat.  304;  Ulp.  Beg.  i.  1 ;  Paul.  Sent.  rec.  v.  11, 
6 ;  Dig.  39,  5,  21,  1);  but  it  did  not  avoid  gifts 
in  excess  of  the  limit,  or  even  impose  a  penalty 
on  the  donee  for  taking  the  excess :  it  was,  in 
fact,  a  **lex  imperfecta"  (Ulp.  Beg,  i.  1,  2; 
Macrob.  Somn.  Scip.  ii.  17).  (2)  It  prescribed 
a  form  in  which  gifts  must  be  made.  A  gift  of 
a  res  mancipi  was  perfecta  only  if  the  res  donate 
were  mnncipated  and  actually  delivered  (Fragm. 
Vat.  313),  that  of  a  res  nee  mancipi  only  if  it 
were  delivered  (t&.  293,  313);  that  of  a  res 
mobilis  was  not  perfected  until  the  douee  had 
possessed  the  thing  for  the  greater  part  of  the 
preceding  year,  for  not  till  then  was  he  entitled 
to  the  Interdictum  Utrubi  for  his  protection  (t&. 
293,  311).  Absence  of  the  mancipation  form,  if 
requisite,  could  be  compensated  for  by  usucapio 
(•&.  293).  Thus  the  general  effect  of  this  pro- 
vision was  that  gifts  made  in  any  other  fashion 
(e.g.  release  or  stipulation)  were  invalid 
(Fragm.  Vat.  283,  310,  311 ;  Dig.  20,  6,  1,  1). 

Puchta  {InstHutionen,  §  206)  is  of  opinion 
that  a  gift  was  originally  revocable  in  the 
ways  described  below  if  either  of  these  provisions 
was  disregarded :  but  that  after  some  time 
observation  of  the  statutory  requii*ement  as  to 
form  of  conveyance  was  allowed  to  atone  for 
violation  of  the  rule  as  to  amount,  so  that  the 
latter  became  tacitly  repealed  by  disuse.  If  the 
maximum  of  the  Lex  Cincia  was  no  higher  than 
that  of  the  Lex  Furia  testamentaria,  only  twenty 
years  later  in  date,  it  certainly  must  in  time 
.  have  come  to  be  regarded  as  ridiculously  small. 
I  (Certain  classes  of  donees,  however,  were  excepted 
(Legis  Cinciae  except ae  personae)  from  the  ope- 
ration of  both  of  these  enactments,  on  the  ground 
of  being  connected  with  the  donor  by  the  tie  of 
kinship,  affinity,  betrothal,  patronatus  or  guar- 
dianship (Fragm.  Vat.  298-^09). 

But  though  the  lex  was  imperfecta,  there 
were  means  by  which  gifts  in  violation  of  its 
provisions  could  be  rescinded,  by  the  donor's 
having  practically  a  power  of  revocation.  If  he 
were  sued  by  a  persona  non  excepta  on  a  promise 
to  give,  he  could  defeat  the  action  by  *'  exceptio 
legis  Cinciae"  {Fragm.  Vat.  310),  which  was 
also  available  if  a  res  mancipi  had  been  manci- 
pated  but  not  yet  delivered  {ih.,  and  Dig.  44, 4, 5, 
2).     If  it  were  mancipi,  aud  had  been  tradita 


J 


38 


LEX  CLAUDIA 


LEGES  GOBNELLIE 


but  not  yet  mancipsted,  the  donor  could  assert  | 
his  ownership  in  it  by  a  viadioatio,  and  meet 
the  defcndanVs  '*ezceptio  rei  donatae"  by 
**  replicatio  legis  Cinciae : "  and  wherever  the 
donee  of  a  res  mobilis  had  not  possessed  it  for 
six  months,  the  donor  could  recover  possession 
by  the  Interdictum  Utrubi.  Where  the  gift 
was  not  revocable  in  any  of  these  ways  (e.g,  if 
it  had  been  a  release  of  a  debtor  by  acceptilatio, 
or  by  novation  in  favour  of  a  third  person.  Dig. 
39,  5,  21,  1),  the  donor  was  allowed  an  actio 
resciaaoria^  and  he  could  recover  by  condictio 
any  property  of  his  which  had  definitely  passed 
to  the  donee  "  cqntra  legem  Cinciam "  (Fragm, 
Vat  266;  Dig.  39,  5,  21,  1 ;  44,  4,  5,  5).  K, 
however,  the  donor  died  without  revoking  or 
expressing  his  intention  of  revoking  a  gift 
against  the  statute,  it  could  not  be  upset  by  his 
heir :  "  morte  Cincia  removetur  "  {Fragin.  Vat 
259,  266,  294). 

Under  the  later  Empire  the  rules  of  the  I^z 
Cincia  gradually  went  into  disuse.  Insinuatio 
(registration  in  the  acta)  of  gifts  to  turn  ex- 
oeptae  personae  was  first  required  by  Constantius 
Chlorus,  and  this  rule  was  extended  to  exceptae 
pgrsonae  by  Constantino  {Cod.  2^eod,  3,  5,  1). 
Later  still  the  exemption  of  gifts  to  exceptae 
personae  from  the  requirement  of  appropriate 
conveyance  was  done  away  with,  except  as 
between  parent  and  child :  and  insinuatio  was 
required  by  Theodosius  II.  only  if  the  amount 
exceeded  200  solidi  in  value  {Cod.  Theod,  3,  5, 8): 
this  maximum  was  raised  to  500  solidi  by  Jus- 
tinian, who  also  abolished  the  necessity  of  con- 
veyance in  any  form,  thus  making  a  mere 
promise  to  give  actionable  {Inst  ii.  7,  2). 

Tacitus  {Ann,  xi.  5)  refers  to  another  enact- 
ment of  this  statute,  forbidding  a  person  to  take 
anything  for  his  pains  in  pleading  a  cause,  ^  ne 
quis  ob  causam  orand.-im  pecuniam  donumve 
accipiat :  "  Ann.  xiii.  42  is  explained  by  the  fact 
that  this  provision  was  confirmed  by  a  senatus> 
consult  under  Augustus,  which  imposed  on  the 
advocate  a  penalty  of  four  times  the  sum  received 
(Dio  Cass.  liv.  18).  Under  Claudius,  however, 
advocates  might  take  fees,  but  not  in  excess  of 
10,000  sesterces  for  each  suit;  a  sum  which 
under  Nero  was  represented  by  100  aurei:  in 
this  reign,  too,  further  regulations  were  made 
on  the  subject  (Suet.  Nero,  17 X  especially  one 
subjecting  those  who  took  any  sum  in  excess  of 
the  specified  maximum  to  a  prosecution  for 
repetundae.  But  from  Pliny  {Ep.  v.  21)  it 
seen>s  that  in  Trajan's  time  the  fee  could  not  be 
paid  until  the  work  had  been  done.  (Savigny^ 
Die  Lex  Cincia,  Zeitschrift,  iv.  1 ;  Verm.  S^hrif- 
ten,  i.  315-385;  Rudortf,  dtf  ieje  Cincia,  1825; 
Wenck,  Preface  to  Haubold,  Opuac.  acad.  i.  p. 
37 ;  Hasse,  Bhein.  Muaewn,  i.  185  Bq.,  iiL  174 
•7. ;  Puchta,  Jnstitutionen,  §  200 ;  Francke, 
Ciml.  Abhandl.  1826,  p.  1  aq. ;  Klinkhamer,  de 
Ihnationihus,  1826 ;  Bruns,  Quid  conferant  Vat 
fragm.  ad  Melius  cognosc.  jue  Romanvan,  1838, 
pp.  112  S7.) 

GLAU'DI  A,  passed  by  the  Emperor  Claudius : 
it  abolished  the  tutela  lejitima  of  agnates  over 
women  not  in  potestas  or  manus,  thus  in  effect 
greatly  enlarging  their  control  of  their  property 
(Gains,  i.  167,  171-2). 

CLAU'DIA  DE  Sbnatoridus,  a  plebiicitum 
of  218  D.C. :  it  enacted  that  no  senator  or 
senator's  son  should  own  a  ship  of  larger  cubic 


capacity  than  300  amphorae  (Liv.  xxl.  63); 
Cicero  says  that  in  his  time  it  was  ^  aatiqua  tt 
mortua  "  {in  Verr.  v.  18,  45). 

CLAU'DLA.  DE  8GNATU  OOOPTAITDO  UAI.LS1- 

MORUM,  B.C.  95  (Cic  in  Verr.  ii.  49,  122). 

CLAU'DIA  D£  8OGIIS,  B.C.  177  (Ut.  xlu 
8,9). 

CLO'DIAE,  a  number  of  plebiscita  caxri^J 
by  Clodius  when  tribune,  B.C.  58,  and  frequently 
referred  to  by  Cicero  and  Dio  Cassiua :  amoti^ 
them  are — 

CLO'DLA  OE  AU8PICIIB  [see  Aelia]:  it  t^ 
also  enacted  ^  ut  omnibus  fastis  diebui  legem 
ferri  liceret "  (Cic.  pro  Sestio,  15,  33 ;  26, 5r> ; 
in  Vatin.  17, 35  \  in  Piaon,  4, 5 ;  Dio  Caaa.  xxxviiL 
13). 

CLO'DIA  DE  CEN8OBIBU8.    [Cabciua.] 

CLO'DLA.  DE  CIVIBU8  ROMANU  INTE&EMTIS. 

which  led  to  Cicero's  exile :  it  interdicted  front 
fire  and  water  [Exsilium]  thoae  who  hal 
put  a  Roman  citizen  to  d«)ith  uncondemnt^i 
(VeU.  Pat.  ii.  45,  1,  2 ;  Dio  Cass,  xxxviii.  U). 
Cicero  himself  considered  it  a  privilegiiun  {ad 
Att.  iii.  15,  6;  23,  3;  orf  Fam,  xiv.  4,  2;  m 
Pison.  13,  30 ;  pro  Sestio,  24,  53  ;  32,  69  ;  />r  > 
Vomo,  18.  47,  kc.). 

CLO'DIA  DE  ooLLBQiis  restored  the  clubs  or 
guilds  (collegia)  which  had  been  aboliahed  by  a 
senatusconsuit,  probably  of  D.C.  64,  and  per- 
mitted the  formation  of  new  ones  (Cic  ad  Ait 
iii.  15,  4 ;  pro  Sest  25,  55 ;  in  Piaon.  4^,  8 ;  l^io 
Cass,  xxxviii.  13).  Nearly  all  of  them  were 
subsequently  swept  away  by  Juliua  Ca«sar 
(Sueton.  Jut.  42). 

CLO'DIA  DE  UBERTCNORUM  SUrFBAGIU 
(Cic.  pro  Milan.  12,  33;  33,  89). 

CLO'DIA  DE  PESBINUNTIO  MATRIB  MAOJ^AE 
8A0EBD0TE  (Cic.  pro  Sett.  26,  56). 

CLO'DIA  DE  PBOVINCIIS  OON8ULARIDC8(('  • . 

in  Pison.  16,  37). 

CLO'DIA  DE  REOE  PtOLVIIABO   ET  DB  ¥1- 

8ULIDU8  BYZANTINI8  (Veil.  Pat.  ii.  45  ;  Cic.  ;•'-  • 
Ikmo,  8,  20;  20,  52;  pro  Seatio,  26,  57;  Di' 
Cass,  xxxviii.  30 ;  Pint.  Cat.  tnin.  34). 

CLO'DIA  FRUVENTARIA,  directing  the  fre'> 
distribution  of  com  to  the  poorer  citizens  inste.ntl 
of  its  sale  at  a  low  rate  (Dio  Cass,  xxxviii.  l->; 
Cic.  pro  Seat.  25 ;  Aacon.  in  Pison..  ^tSP'*^  Xv*"- 

10,  26).      rFRUMENTARIAB  LeOES.] 

CO'CTIAf  the  Kading  in  Cic.  ad  AtL  iv.  1^. 
14 :  it  means  the  lex  judiciaria  of  L.  ABrdtu» 
Cotta.    [AuRBLiA  Judiciaria.] 

COLO'NIAE  GENETI'VAE,  a  lex  of  n.c. 
44,  regulating  the  constitution  of  this  coloo} . 
established  by  Julius  Caesar  on  the  site  of  l'r><) 
in  Baetica:  discovered  on  bronxe  at  Osuna  io 
1870,  1875  (Bruns,  Fontea  juris  Bom.  antiqw, 
1880,  pp.  43-103,  109-127). 

OOMMISSO'RIA    [GomiiasoRiA  Lex.] 

COBNE'LIAB.  These  comprise  (I.)  a  Urir« 
number  of  leges  passed  by  Sulla  in  his  dic- 
tatorship (Liv.  Epit.  Ixxxix.);  (II.)  leges  of 
L.  Cornelius  Cinua;  and  (III.)  a  nomber  of 
statutes  passed  by  different  mi^^trates  beahog 
this  name. 

L  CORNEIJAE  AGBA'RIAE,  "quib«i 
agri  perduellium  pubUcati  vcteranisqae  as»i^- 
nati  sunt"  (Orelli):  apparently  referred  to  in 
ac.  in  nullum,  ii.  28,  78^  iii.  2,  6;  2,  8; 
3,  12. 

COBNE'LIA  DE  civiTATE  (Lir.  Epii. 
Ixxxvi. ;  Cic.  pro  Dom.  30,  79;  pro  Caec  35, 


LEGES  CORNELIAS 

103:  SftUut.  Bist,  frajm.  lib.  i.  orat.  Lepidi): 
It  took  tib*  fall  ciFitAii  aw»jr  from  Volaterrae  and 
otbcr  manici{Ma. 

CORNB'LIA  DE  FALSis  or  testaxentaria 
{Cit,  in  Verr,  L  42, 108 ;  Itut,  ii.  12, 6,  iv.  18, 7). 
[Ste  FiLSUM.l 

COfiNFLIA  DE  MAQISTRATIBUS,  making 
^<iurge  of  inferiof  magiatracies  a  necessary 
cbBilition  to  the  attainment  of  ^higher  ones 
(Appia&,iM^  Ciff.  100,  101),  and  re-affit^iug 
LM  prorisioos  of  certain  old  plebiscita  (Lit.  yii. 
41,  X.  13).  The  ^  lex  de  riginti  quaestoribus  " 
(Tac.  Ann.  xi.  22)  was  probably  merely  on»  of 
iti  chapters  (aee  Puchta,  Institutionen,  §  79, 
Kite  a;  Mommsen,  Jidm.  StaatsrecM^u  pp. 519- 
j':4,548).     ' 

ODBNE'LIA  DE  PB09CRiFnONE<Cic.  in  Verr, 
1.4s  123;  pro  Sext.  Hose.  43, 125-128;  Veil. 
Pit.  ii.  29;  Quintil.  Inst.  Or,  xL  1,  85 ;  Plut. 
5Wi,  31).    [Pboscriftxo.] 

CORNB'LIA  DB  PROV1XCIZ8  ordinandis 
limit'^  the  coats  which  might  be  incurred  by 
prorincial  towns  in  sending  public  deputations 
tc  Eomc  for  the  parpose  of  praising  their  gorer- 
cor  before  the  senate  (Cic.  ad  Fam.  iiL  8, 
1").  and  enacted  (1)  that  those  who  had  pro- 
Tiaces  nnder  the  Lex  Sempronia  should  retain 
thtir  imperium  till  they  had  re-entered  the  city 
<a  tK«ir  retom  (Cic.  ad  Fam.  i.  9,  25);  and  (2) 
tkit  prorinciai  governors  should  leave  their 
proTiace  not  later  than  thirty  days  after  the 
arriral  of  their  successors  ((|ic.  ad  Fam,  iii.  6,  iS ; 
A  ti). 

COBNFLLA  DE  BEJECnONB  JUDICUM  al- 
ioweil  an  accuaed  senator  the  right  of  challenging 
a  larger  namber  of  his  judges  than  persons  of 
lower  rank,  the  tatter's  challenges  being  limited 
U'  three  (Cic.  in  Verr.  ii.  31,  77;  see  Orelli's 
iiwnastiogn). 

COBNE'LIA  DE  BEPETUKDU  (Cic  jpro  Ra- 
'•>«>,  4,  9X  It  was  under  this  statute  that 
Vtrres  was  prosecatod.     [Re^ETDMDAE.] 

CORNEIjLA  de  6ACERD0TII8  (Liv.  Epii. 
Ixuix.;  Psendo-Ascoo.  in  Div,  p.  102,  Orelli: 

«<  SACERDOriA). 

CORNETiIA  DE  8ENTEKTIA  FERENDA  en- 
vied the  accused  to  say  whether  the  votes  of 
^  jadges  should  be  given  openly  or  by  ballot : 
{'rok«bly  only  a  chapter  of  the  Lex  Cornelia 
.cJiciaiia  (Cic.  pro  Ctuent.  20,  55  ;  27,  75). 

CORNE'LLA  de  sicariis   et  teneficis. 

From  Plisy  (//.  A",  xviii.  §  12)  we  learn  that  the 

Tvclre  Tables  contained  some  regulations  as  to 

^■aicide,  but  probably  these  were  little  more 

^aa  a  repetition  of  the  law  of  Numa  Pompilius 

«kich  puaished  intentional  slaying  with  death 

(F^tai,  s,  9.  Parict) :  nhintentional  killing  was 

^9&ed  for  under  the  old  religious  law,  and  pos* 

sbiT  by  the- Twelve  Tables  (Cic.  pro  TuiL  51 ; 

Tf .  17 ;  Festns,  s.  v.  Subicl,  Subigere),  by  the 

•*er  of  a  ram  (Serv.  in  JSdog,  iv.43;    Georg, 

^'-  387 ;  Dion.  Hal.  vii.  22 :    cf.  Festus,  a.  v, 

N'Toriam).     The  Twelve  Tables  also  penalised 

•aeaatatioos  (Plin.  B,  N.  xxviii.  §  17 ;  Sen.  Nat. 

.lacii.  iv.  7 ;  Angustin.  de  Civ,  Dei^  viii.  19) 

'M  i>oisoiiing,  both  of  which  offences  nppear  to 

"ttre  been  included  under  («rricidium  [Pompeia 

^  I^arhcidiis]  :  the  murderer  of  a  parent  was 

^^^  np  IB  a  sack  (cuileua)  and  thrown  into  a 

''^«T.    it  was  under  the  provisions  of  some  old 

uw  that  the  senate  by  a  consnltnm  ordered  the 

^^9h  p.  Sdpto  and  D.  Brotus  (B.C.  138)  to 


LEGES  CORNELIAS 


39 


inquire  into  the  murder  in  the  Silva  Scantia 
(Cic.  Brutus,  22).  The  Lex  Cornelia  de  sicariis 
et  veneHcis,  passed  circ,  B.C.  81,  inflicted  penal- 
ties not  only  for  actual  killing,  but  for  going 
about  with  weapons  for  the  purposes  of  murder 
or  thieving ;  for  incendiarism ;  for  preparing, 
having,  or  selling  poisons  for  the  destruction  of 
human  life;  for  inciting  a  magistrate  without 
cause  to  bring  a  capital  charge ;  fur  the  taking 
of  money  by  a  magistrate  for  such  a  service,  and 
for  bearing  false  witness  in  a  capital  prosecu- 
tion {Coilatio  leg.  Mos.  i.  3 ;  Cic.  pro  Clueniio, 
54,  55,  57 ;  Dig.  48,  8,  passim ;  Paul.  Sent.  rec. 
v.  23,  1  and  10 ;  Inst.  iv.  1 8,  5).  By  an  enact- 
ment of  Antoninus  Pius  the  killing  of  slaves 
without  just  cause  was  brought  within  the 
statute  (Gains,  i.  53),  which  by  senatusconsulta 
and  imperial  legislation  was  also  extended  to  the 
ofi'ence  of  castration  and  to  human  sacrifices. 
The  penalty  which  it  inflicted  was  i»quae  et  ignis 
interiUctio  (later  deportatio :  see  ExsiLiiDf),  to 
which  Julius  Caesar  added  forfeiture  (Dig.  48, 
8,  3,  5) :  in  the  case  of  meaner  criminals,  even 
death  (Dig.  t6.). 

COBNETJA  DE  VADDfONIO.  [Vadi- 
HONIUU.] 

(X)BNE'LIA  DE  VI  PUBUCA.     [Yia  Pub- 

LXCA.] 

COBNE'LIA  JUDICIARIA.  took  the  judicia 
away  from  the  equites  exclusively,  and  divided 
them  between  equites  and  senators  (Tac  Ann. 
xi.  22;  Veil.  Pat.  ii.  32,  3:  see  Judex). 

COBNE'LIA  MAJE8TATIS  (Cic  in  Pison.  21, 
50;    Ascon.  in  Cornel,   p.  59,  Orelli).      [Ma- 

JESTAS.] 

COBNE'LIA  NUMMARiA(Cic.  in  Verr.  i.  42, 
108).    [Falsum.] 

CORNE'LIA  BUMPTUARIA  (Cell.  u.  24,  11 ; 
Macrob.  Saturn,  ,ii.  13;  Plut.  Sulla,  c  35). 
[SUMFtCTARIAE  LEOES.] 

"  COBNE'LIA  TE8TAMENTARIA  (Cic.  in  Verr, 
'i.  4i2,  108  ;  Inst.  iv.  18,  7).     [Faubum.] 

CORNE'LIA  TRiBUMiciA  took  away  to  a 
large  extent  the  tribunes'  right  of  intercession, 
and  disabled  those  who  had  served  this  office 
from  attaining  a  patrician  magistracy  (Veil. 
Pat.  ii.  30;  Appian,  Bell.  Civ.  i.  100,  ii.  29; 
Caesar,  Bell.  Civ.  i.  5,  1 ;  i.  7,  3 ;  Cic  m  Verr. 
L  60, 155 :  see  Pompeia  Tribunicia). 

COBNE'LIA  UNCI  ARIA,  perhaps  passed  about 
the  same  time  as  Sulla's  Lex  sumptuaria.  It 
seems  to  have  lowered  the  rate  of  interest 
(Festus,  s.  V.  Unciaria). 

II.  CORNE'LIA  DE  KOVORUM  CIVIUM  ET 
LIBERTINORUM   SUFFRAGI18,  B.C.  87   (Cic   Phil. 

viii.  2,  7;  VelL  Pat.  ii.  20:  cf.  Appian,  Bell. 
Civ.  i.  64  sq.), 

CORNE'LIA  DE  RECIPIENDO  MARIO  (Veil. 
Pat.  ii.  21,  G). 

CORNE'LIA  DE  REV0CANDI8  EXSULIBUS 
(AureL  Vict,  de  Hr.  illustr.  c.  f;9).  • 

III.  COBNE'UA  BAE'BIA  de  ambitu, 
B.C.  181,  passed  by  the  consuls  P.  Cornelius 
Cethegusand  M.  Baebius  Tamphilu8(Liv.  xl.  19 ; 
Schol.  Bob.  in  Cic.  pro  Sulla,  p.  361,  Orelli). 

COBNE'LIA  GAE'CILIA  de  Cn.  Pompeio, 
B.C.  57,  gave  Cn.  Pompeius  extraordinary  powers 
for  6ve  years  for  the  management  of  the  com 
supply  of  Rome  (Cic.  ad  Att.  iv.  1,  7;  Liv. 
Epit,  civ. ;  Dio  Cass,  xxxix.  9  ;  Plut.  Pomp.  49). 
[Frumentariae  Leges.] 

COBNE'LIA  DB  EDioris,  passed  by  C.  Cor- 


40 


LEGES  i^OBNELIAE 


LEX  DUODECIH  TABULABUM 


neliuB,  tribanus  plebis,  B.C.  67  :  it  enacted  that 
praetors  should  not  vary  the  rules  proclaimed 
in  their  perpetual  edicts  issued  on  their  entry  on 
office  by  subsequent  Edicta  repenttnoj  or  apply  a 
different  law  from  that  which  they  had  pro- 
(laimed  they  would  observe  (Ascoa.  in  Com.f 
Orelli,  p.  58 ;  Dio  Cass,  xzxvi.  23 :  cf.  Cic.  in 
Verr,  iii.  14,  36).     [Edictum.] 

GOBNE'LL^  DE  INJURII8,  b.c.  81,  perhaps 
a  statute  of  Sulla.  Its  original  object  was  the 
criminal  prosecution  of  injuriae  (assaults  and 
batteries)  "  quae  manu  iiant "  (Dig.  47,  10,  5, 
pr.) ;  but  by  gradual  usage  a  civil  action  was 
developed  under  its  provisions,  which  had  the 
advantage  over  the  ordinary  actio  injuriarum  in 
not  being  barred  by  a  year's  prescription  (Dig. 
47,  10,  37,  1 ;  Inst.  iv.  4,  8).    [Injuria.] 

GOBNE'LIA  DE  LU8U  allowed  betting  at 
gymnastic  exercises  (Dig.  11,  5,  2,  1  and  3). 

GOBNE'LIA  DE  Novis  tabuus,  passed  by 
P.  Cornelius  Dolabella,  B.C.  47  (Liv.  Epit,  cxiii. ; 
Dio  Cass.  xlii.  32  ;  Pint,  iinfonius,  c.  9). 

GOBNE'LIA    DE     RE8TITUEND0  CiCEBONE, 

B.C.  57  (Cic.  in  Pis(m,  15,  35). 

GOBNE'LIA  DE  SPONSORIBUS  (B.C.  81),  pro. 
bably  enacted  by  Sulla  :  it  provided  that  (with 
a  few  exceptions)  no  one  should  become  surety 
for  the  same  debtor  to  the  same  creditor  in  any 
one  year  for  a  larger  sum  than  20,000  sesterces 
(Gaius,  iii.  124,  5).     See  hfTERCESSlO. 

GOBNE'LIA  GE'LLIA.  [Gelua  Cor- 
neliaJ 

gobne'lia  nb  qui8  leqibus  solveretirr, 
passed  by  C.  Cornelius,  tribunus  plebis,  B.a  67, 
and  directed  against  the  reckless  exercise  by  the 
senate  of  its  usurped  power  of  granting  dispen- 
sations from  the  laws :  in  future  such  a  dispen- 
sation required  the  presence  of  200  members  in 
the  senate,  and  also  confirmation  by  the  Comitia 
Tributa ;  but  no  tribune  was  to  be  able  to  veto 
the  proposal  (Ascon.  in  Com.  p.  57,  72,  Orelli ; 
Dio  Cass,  xxxvi.  22). 

GBEPEBE'IA,  a  lex  of  the  Second  Punic 
War,  which  regulated  the  coinage  by  fixing  the 
relation  between  as,  sestertius,  and  denarius 
(Plin.  ff.  N,  xxxiii.  §  45;  Cod.  8,  54,  37); 
according  to  Studemund,  it  is  the  lex  mentioned 
in  CKiius,  iv.  95. 

CUBIATA  DE  ADOPTIONE  (Gell.  V.  19 ;  Cic. 
ad  Ait.  ii.  7,  2 ;  de  prov.  Consul,  19,  45 ;  pro 
Domoy  15,  39;  jn-o  Sest.  7,  16 ;  Tac.  Hist.  i.  15; 
Sueton.  August.  65).     [Adoptio.] 

GUBIA'TA  DE  iMPERio  (Cic.  de  Rep.  ii.  13, 
25,  ii.  17,  18,  &c. ;  Tac.  Ann,  xi.  22  ;  Liv.  v.  46, 
ix.  38,  &c.).    [Imperium.] 

DECEMYIBA'LIS.       [Duodecim    Tabu- 

LARUM.] 

DE'CIA  DE  DUUMV1RI8  NAVALIBUS,  B.C.  312 
(Liv.ix.  30). 

DECIMA'BIA,  a  chapter  of  the  Lex  Papia 
Poppaea,  limiting  the  amount  which  a  wife  could 
take  under  her  husband's  will,  and  vice  wrsd,  if 
they  had  no  children,  to  a  tenth  of  what  was 
actually  given  (Fragtn,  Vat.  264 ;  Quint,  viii.  5  ; 
Cod.  8,  58,  rubr.). 

DIDIA,  B.C.  144  (Macrob.  Saturn,  ii.  13). 

[SUIIPTUARIAE  LEQES.] 

DOMI'TIA  DE   8ACERD0TII8,  B.C.   105  (Cic. 

in  Rtm.  ii.  7,  18;  Epist.  ad  Brut.  i.  5;  Suet. 

Nero,  2 ;  Veil.  Pat.  ii.  12,  3).     [Sacerdotia.] 
I        DUI'LIA,  a  plebiscitum  of  449  B.C.,  imposing 
'     severe  penalties  on  the  tribune  responsible  for 


the  choosing  of  his  own  and  his  colleague's  sue-   , 
cessors  who  omitted  to  see  that  they  were  duly 
elected,  and  on  those  who  created  new  magis-   . 
trates  from  whom  there  was  no  appeal  (Lir.  iii. 
55  :  see  Valeriae  Horatia^). 

DUI'LIA  MAE'NIA  de  unciabio  fescori:. 
B.C.  357^  establishing  or  confirming  a  rate  oi 
interest  at  8f  per  cent.  (12  unctae  to  100  asises  > 
per  annum  (Liv.  viL  16,  19).  The  samt> 
tribunes  Duilius  and  Maentus  carried  a  measure; 
for  the  prevention  of  such  unoonstitnttosial  pro- 
ceedings as  the  enactment  of  a  lex  by  the 
soldiers  out  of  Some  t>n  the  consul's  proposal  ^ 
(Liv.  vii.  16 :  see  Mommsen,  SUmischea  Staat.^- 
rechty  i.  p.  69,  note  2). 

DUO'DECIM  TABULA'BUM.  The  enact- 
ment of  the  Twelve  Tables  was  the  outcoine  of 
plebeian  agitation  for   an,  *' exaequatio  juris'* 
between  the  two  orders  in  the  state.     In- the 
year  B.C.  462  the  tribune  of  plebs  C.  Teroatilins 
Arsa  had  obtained  a  resolution  of  the  plebs  for 
the  appointment  of  five  persons,  with,  the  object 
of  enacting  laws  for  the  definition  of  the  con- 
sular   imperium;     but    this    the    senate,    th<' 
stronghold  of  the  patricians^  had  refused  to  seuvi 
on  to  the  Comitia  Centuriata  (Liv.  iii  0).     In 
the   next   year   he   proposed  a   codification  or 
definite  statement  of  the  whole  laW^by  a  com- 
mission of  ten ;  but  this,  though  carricMl  by  th^- 
plebs,   was  equally   unsuccessful    In   ita   later 
stages  (Liv.  iii.  10 ;  Dionys.  x.  3).     In  B.C.  454. 
however  (Dionys.  x.  52,  54),  the  senate  so  far 
yielded  as  to  assent  to  a  plebiscitum,  pursuant 
to  which  three  commissioners  were  to  be  sent  to 
Athens  and  the  Greek  cities  in  order  to  make 
themselves    acquainted   with    their   laws.     Oir 
their  return,  after  two  years*  absence,  it  wa^ 
proposed  (b.c.  451)  that  all  the  ordinary  magiv- 
tracies    should    be   suspended,   and  the    whol^ 
authority  of  the  state  vested  in  ten  patrician 
commissioners,   including  the  three  who    ha* 
been  to  Greece  (**  decemviri  legibus  scribundis  *'). 
from  whom  there  was  to  be  no  provocatio,  an^l 
who   were   directed   to   codify   the  public  an) 
private  law  of  Rome  (Dionys.  x.  54-57  ;  Liv.  iii. 
32,  33).     The  plebeians  consented  to  stand  out 
of  the   commission   only  under  express   reser- 
vation of  their  previously  established  rights  and 
liberties    (Liv.    iii.    32).     This    proposal     wa;; 
carped  through    the   Comitia  Cenfevrlata    anr! 
Curiata  without  opposition  (Liv.  iii.' 34;  Dionp. 
X.  32).     The  decemviri  were  appointed  by  the 
comitia  of  the  centuries,  being  presided  over  t>r 
Appius  Claudius,  Consul  designate^  -  but   the} 
took  the  administration  of  affairs  by  turn,  th« 
insignia  of  office  being  used  only  by  him  who  for 
the  time  being  represented  the  executive  (Lir. 
iii.   33).    Ten  Tables  of   laws  were   pir^p^re.i 
during  the  year,  and  after  being  approved  hy 
the  senate   were    confirmed    by    the    Comitia 
Centuriata  and  Curiata:    two  , further  'tabl"<o 
(which  Cicero,  de  Mep.  ii.  37,   calls  **tabula<> 
iniquarum   legum  **)  wert  added   in  the  nex  t 
year,  these  havii^^  been  prepared  by  decemvir? 
among  whom  were  (according  to  Dionys.  x.  58) 
three  plebeians,  though  Livy  (iv.  3)  does  not 
suggest  that  there  had  been  any  change  in  the 
constitution  of  the  commission.    Cicero's  remark 
may  be  due  to  the  fact  that  the  prohibition  of 
corwbium    between    plebs   and    patricians  wa<^ 
enacted  by  the  eleventh  Table  (Dirksen,  Ceber- 
sichtf  &c.,  p.  740).   In  their  integrity^  the  whole 


LEX  DUODECIM  TABULARUM 

TvcItc  TiUet  vere  first  published  in  B.C.  449, 

,dtvT  Uie  downfall  of  the  decemviri  (Liv.  iii.  54, 

bl) -J  tkej  are  mentioned  by  the  Roman  writers 

undtf  a  great  Tariety   of   names  (e.g.   Leges 

I^ecearizmles,   Lex    OecemTiralis,    Leges    Du<»- 

(Jtctm,  Daodedm  Tabnlarum,  or  Ux  or  kges 

MsapJj) ;  and,  being  the  only  attempt  at  codi- 

Qcitios  of  the  jM9  chile  until  Justinian's  time, 

are  spoken  of  by  classical  writers  throughout 

i>msn  history  as  the  fundamental  element  of 

the  sjitem :  by  Tadtns  as  *'  finis  aequi  juris,"  by 

LiTT  SI  **  corpus  omnis  Romani  juris  "  and  ^*  fons 

;  dblid  priratique  jaris.'* 

Socne  doubt  has  been  cast,  but  without  reason, 
en  the  storj  of  the  embassy  to  the  Greek  states, 
^fajcb  preceded  the  enactment  of  the  Twelve 
Tftbies.    Pomponius  (Dig.  1,  2,  2,  3  and  4)  also 
rcien  to  anistance  given  to  the  decemviri  by 
iz  £(^csian  named  Hermodorus,  who  was  living 
ts  sn  exile  in  Italy ;   but  the  assistance  con- 
>u<ted  periiapa  more  in  interpreting  the   laws 
'TOQght  back  by  the  commissioners  from  Greece 
tau  (as  Pomponius  hints)  in  the  suggestion  of 
L€w  legislation.     At  any  rate,  this  last  tradition 
v.is  confirmed  by  the  fact  of  a  statue  having  been 
rf^rct«d  in  the  Comitium  at  Rome  in  memory 
»t  Hennodonu ;    but  it  did   not  exist  in  the 
lime  of  Pliny  (H.  iVl  xxxiv.  §  21).     The  foreign 
-*^QKt  of  some  of  the  laws  was  acknowledged  by 
tbe  Rcoians  themselves:  e.g.  Cicero  attributes 
t }  ScAosk  the  original  of  the  rules  as  to  burial 
{^&  Leg.  ii.  25,  t>4).      Similarly  Gaius,  in   his 
CMmm«ntarT  on  the  Twelve  Tablet,  where  he  is 
^.«akiag  of' Collegia  (Dig.  47,  22,  4),  says  that 
t.i<?  members  of  Collegia  may  make  what  terms 
t&ey  please  among  themselves,  if  they  thereby 
violate  no  **publica  lex;  "  and  he  adds  that  this 
T<i\t  seems  to  be  taken  from  the  legislation  of 
N  Ivn,  to  whom  also  (IHg.  10,  1,  13)  he  refers 
i>  r  the  origin  of  certain  rules  as  to  boundaries 
Aiii  the  actio  finium  regtmdonan.     But  that  the 
oeoemviral  legislation  contained   any  consider- 
able element  of  foreign  law  is  in  the  highest 
'><re«    improbable.     The    law    as    previously 
^tsblished  seems  to  have  been  handed  down  in 
M**  main,  if  not  entirely,  by  oral  tradition  ;  and 
v-iether  it  be  true  or  not  that  the  patricians 
%>re  especially  cognisant  ot*  it,  it  is  certain  that 
Lie  i^ebeians  had  suffered  largely  from  having 
:•"  certain  or   full   knowledge  of  its  intricate 
rales  and  formulae..  What  they  desired  primarily 
VAs  %  plain   and  clear  statement  in  writing 
I '  l«gibas  scribundis  ")  of  the  law  as  it  stood : 
't  »M  only  in  the  Jus  pub.'icum  that  they  wished 
f  r  change,  and  that  only  so  far  as  was  required 
t  •  place  the  two  orders  on  a  tolerable  equality 
13  respect  of  civil  and  political  rights.     The 
cifirioe  of  the  magistrate  who  administers  the 
U4r  is  best  guarded  against  by  those  over  whom 
It  t$  administered  having  a  clear  knowledge  of 
Jt*  provisions. 

The  laws  were  cut  on  tablets  of  bronze  and 
V^i  up  in  a  public  p^ace  (Ltv.  iii.  57  ;  Diod.  xii. 
■^)j  though  Pomponius,  in  the  passage  of  the 
W^t  alreadv  referred  to,  savs  that  the 
Bst^rial  of  the  Tablets  was  ivory  (see  Zimmem, 
'iachickte  des  rottu  PrivairecfUSf  vol.  i.  p.  101). 
^  ti  commonly  supposed  that  they  were  de- 
'troTerl  ia  the  burning  of  the  city  by  the  Gauls 
*^i  uxXr  years  after  their  enactment,  but  the 
Hsn^e  of  Lirj  on  which  this  is  based  (vi.  1)  is 
;&*t  sa  conduf  ve  against  as  for  the  supposition. 


X  DUODECIM  TABULABUM  41 


The  Romans  of  the  age  of  Cicero  had  no  doubt  of 
the  genuineness  of  the  collection  which  then 
existed ;  and  if  we  may  believe  Cyprian  {Ep.  2, 
4,  ad  Donat.  de  gratia  Leiy,  the  Twelve  Tables 
were  exposed  in  the  forum  as  late  as  the  third 
century  of  our  era.  Cicero  speaks  of  learning 
the  text  of  them  by  rote  (*'  ut  carmen  neces- 
sarium  '*)  when  a  boy  {da  Leg.  ii.  4,  23),  and  , 
up  to  his  time  the  chief  juristic  work  of  the 
lawyer  class  seems  to  have  been  their  inter- 
pretatio—-th^  extension  of  a  rule  of  the  Twelve* 
Tables  (or  of  other  early  statutes,  such  as  tho 
Lex  Aquilja)  to  cases  not  strictly  within  its 
letter :  but  shortly  before  the  fall  of  the  Re- 
public, as  he  tells  UB(d^  Leg.  i.  5, 17),  the  jurists 
had  abandoned  the  jus  civile^  and  taken  to  com- 
menting instead  on  the  Praetor's  Edict.  ^  Of 
actual  commentaries  on  the  Twelve  Tables  we 
hear  of  one  by  Sextus  Aelius  Paetus  Catus 
in  his  Tripartita,  ii  work  which  existed  in  the 
time  of  Pomponius  [Jus  Aeuanum].  Othera 
were  written  by  mother  Aelius,  by  Atilius  (Cic. 
de  Leg.  ii.  23,  59 ;  Dig.  1,  2,  2,  38),  by  Labeo 
(Gell.  i.  12,  vii.  15^  xx.  1),  and  finally  by  Gaius : 
this  was  in  six  books,  fcpm  which  twenty  ex- 
cerpts are  preserved  in  the  Digest.  The  decern* 
viral  legislation,  though  largely  modified  (espe- 
cially in  the  parts  of  it  relating  to  public  law) 
by  subsequent  enacynents,  was  not  formally 
repealed  till  the  time  of  Justinian,  nearly  lOOO 
years  after  its  first  establishment.  \No  complete 
copy  of  its  text  has  come  down  to  us,  but  about 
100  fragments,  partly  incomplete,  have  been 
collected  from  citations  and  references  in  clas- 
sical and  juristic  literature. 

It  remains  to  give  a  short  account  of  the 
contents  of  the  Twelve  Tables,  so  far  as  they 
can  be  gathered  from  the  extant  fragments  and 
the  notices  of  earlier  Writers. 

I.  The  personal  freedom  and  civil  equality  of 
citizens  was  secured  by  the  exclusion  of  all 
capital  sentences  except  those  delivered  by  the 
Comitia  Centuriata  (Cic.  de  Leg.  iii.  19,  44 ;  de 
Bepubl.  ii.  36,  61 ;  pro  Best.  30,  65),  by  the  re- 
cognition as  provisionally  free  of  a  man  whose 
free  status  was  called  in  question,  and  by  the 
prohibition  ofpriviiegia. 

II.  Freedom  of  individual  action  within  the 
domain  of  private  law  was  secured  by  the  re- 
cognition of  contracts  and  testaments. 

III.  Certain  points  of  private  law  were  more 
precisely  defined  which  would  otherwise  have 
endangered  the  security  of  rights  of  property, 
or  0})ened  the  door,  to  harshness  and  oppression : 
especially  as  regards  (a)  usucapion  and  the 
restrictions  imposed  on  property  in  the  interest 
of  neighbours;  (6)  the  law  of  debt  and  the 
rights  of  unsatisfied  creditors;  (c)  family  law 
(manus,  patria  potestas,  tutehf  and  comihium 
between  patricians  and  plebeians) ;  and  (d)  in- 
heritance, especially  on  mtestifcy.     • 

IV.  Capital  penalties^were  prescribed  for 
false  witness,  judicial  partialit^^  or  corruption, 
incendiarism,  nocturnal  theft  of  crops,  and  libel ; 
and  the  right  of  appeal  frbm  condemnation  to 
any  of  these  was  given  to  every  citizen  (Cic.  de 
liepubl.  ii.  31).  *• 

V.  Private  poenae  were  established  for  injuria, 
theft,  and  certain  kinds  o{  damnum. 

Vi.  The  mode  of  summons  and  the  procedure 
in  actions  generally  were  defined  and  regulated,, 
especially  with  a  view  to  preventing  capricious 


42 


LEX  FABIA 


exercise  of  his  authority  and  jurisdiction  by  the 
magistrate ;  and 

VII.  Certain  sanitary  and  sumptuary  rules 
were  laid  doini  as  to  the  interment  of  dead 
bodies. 

The  most  celebrated  attempt  to  re-arrange 
the  extant  fragments  of  the  Twelre  Tables  in 
the  order  in  which  they  originally  stood,  or  to 
reconstruct  the  Tables  themselves,  is  that  of 
Jacobus  Gothofredns  (Heidelberg,  1616):  on 
this  and  similar  works  there  is  an  admirable 
critique  by  Dirksen,  Uebersicht  der  bUherigen 
Versuche  zw  Kritik  und  ffarstsUung  des  Textea 
der  Zwolf'Tafel-Fragmerdey  1824;  and  especially 
M.  Voigt,  Civil  und  Criminalrecht  der  Zwdlf 
Tafeln,  Qt  also  Schall,  Leg,  XIL  Tab.  rdiqwM, 
Leipzig,  1866;  Bruns,  Fontes  juris  Bom.  anHquif 
ed.  4  (Tubingen,  1880),  pp.  14-37;  and  Puchta, 
InsUtutioneriy  toI.  i.  §§  54,  55. 

FA'BIA  D£  PLAaiABiis(Cic.  Bab,  Perd.  3,  8 ; 
Paul.  Sent.  rec.  t.  306;  Inst.  ir.  18,  10;  Dig. 
48,  15;  Cod.  9,  20).    [Plagium.] 

FA'BIA   DE  NUMEBO  8ECTAT0BUM  (Cic.  pro 

Murena,  34,  70,  71). 

FABBrOIA  DE  REDITU  CiCEBONis  (Cic.  pro 
Mihne,  14,  38). 

FALCI'DIA.    [Leoatum.] 

FA'NNIA,  B.C.  161  (Gell.  u.  24,  2-6; 
Hacrob.  Saturn,  ii.  9,  13 ;  Plin.  Jf.  N.  x.  §  139 ; 
Athen.  vi.  p.  274  c).    [Sumptuabiae  Leges.] 

FA'NNIA.     [JUNIA  DE  pebeobinis.] 

FLAMFNIA,  an  agrarian  law  for  the  distri- 
bution of  lands  in  Gaul  and  Picenum,  proposed 
by  C.  Flaminins,  tribunus  plebis  (Cic.  $rui,  14, 
57 ;  Acad.  ii.  5,  13 ;  du  Intent,  ii.  17,  52;  Val. 
Max.  r.  4,  5;  Polyb.  ii.  21).  According  to 
Polybius,  who  here  seems  more  reliable  than 
Cicero,  the  date  of  the  law  was  B.C.  232. 

FLAMI'NIA  MINUS  soltehdi,  b.c.  217, 
reduced  debts  by  more  than  a  third  by  allowing 
sixteen  asses  to  be  paid  by  ten  (Festus,  8.  v. 
iSestertii). 

FLA' VIA  AGBA'RIA,  b.c.  60 :  by  t'his  the 
tribune  L.  Flavins  proposed  a  distribution  of 
lands  among  Pompeius'  soldiers  (Cic.  ad  Att.  i. 
18,  6,  i.  19,  4 ;  Dio  Cass,  xxxrii.  50 ;  Marquardt, 
B5m.  Staatsverwaltung,  i.  p.  446). 

FRUMENTA'RIAE.  [Fbumentabiae 
Leobs.] 

FU'FIA.    [Aelia.] 

FU'FIA  CANI'NIA,  circ.  a.d.  4,  limited  the 
number  of  slaves  who  could  be  manumitted  by 
will  (Gains,  i.  42-46 ;  Inst.  i.  7 ;  Ulpian,  Beg.  i. 
24,  25;  Paul.  Sent,  rec,  iv.  14;  Cod.  7,  3; 
Sueton.  Aug.  40).  It  is  also  sometimes  called 
Furia  or  Fusia  Caninia.     [Manumissio.] 

FU'FIA  DE  BELioiONE,  B.C.  61,a  plebiscitum 
of  the  tribune  Q.  Futius  Calenus,  relating  to  the 
mode  of  selecting  the  judges  who  were  to  try 
Clodius  for  his  outrage  on  the  rites  of  the  Bona 
Dea  (Cic.  ad  Att.  i.  13,  3  ;  ib.  16,  2). 

FU'FIA  JUDiciABiA  (B.C.  59?)  apparently 
provided  that  the  senators,  knights,  and  tribuni 
aerarii '  should  rote  separately  in  the  judicia 
(Dio  Cass,  xxxviii.  8 ;  Schol.  Bob.  pro  Flaoco, 
p.  235,  OrelliX 

FU'RIA  ATI'LIA,  a  plebiscitum  of  137  b.c. 
enaotiog  the  surrender  of  C.  Mancinus  to  the 
Numantines  (Cic.  de  Off.  iii.  30,  109). 

FU'RIA   DE  SPOMSU  (Gains,  iii.  121,  122). 

£IllTERCRasiO.] 

FU'RIA  TESTAMENT  ASIA,  B.C.  183  (Gaius,  ii. 


LBXHOSnLIA 

225,  Iv.  23;  Cic.  pro  Balboy  8,  21>    [I^a- 
TUM.] 

GABI'NIA  DE  SEN-ATU  LBGATIB  DAHDO,  a 
plebiscitum  of  Aulus  GabinSus,  tribaniu  plebis 
B.C.  67,  appropriating  the  sittings  of  the  senate 
in  the  month  of  February  to  the  reception  of 
embasdes  (Cic.  ad  Qumt.  fratr.  iL  13,  '3;  ad 
Fam:  i.  4). 

GABI'NIA  DE  UNO  IMPEBATOBE,  Ir:.,  passed 
by  the  same  tribune  in  the  same  year,  and  con* 
ferring  extraordinary  powers  on  Cn.  Pompeius 
for  conducting  the  war  against  the  pintes  (Veil. 
Pat.  ii.  31,  2 ;  Dio  Cass,  xxxvi.  6-20 ;  Plut. 
Pomp.  25 ;  Cic.  pro  lege  Manilia,  17-19). 

GABFNIA  DE  VEBSUBA,  passed  by  the  same 
tribune  in  the  same  year,  and  forbidding  all 
loans  of  money  at  Rome  to  legationes  from 
foreign  parts,  its  object  being  to  prevent  the 
senate  fh>m  being  bribed  by  such  embassies  (Cic. 
ad  AH.y.  21,  12;  vi.  2,  7). 

GABI'NIA  TABELLABIA,  B.C.  139  (Cic  Lacl, 
16,  41).    [Tabellabiae  Lrges.] 

GA'LLIAE  CISALPI'NAE.    [Rubria.] 

GE'LLIA  CORNElilA,  B.a  72,  gave  to 
Cn.  Pompeius  the  extraordinary  power  of  con- 
ferring the  Roman  civitas  on  Spaniards  in  Spain 
with  the  advice  of  his  council  (Cic  pro  Balbctf 
8,  14  and  19  ;  14,  32,  33).  t' 

GENU'CIA  DE  fenobe,  b.g.  343,  forbade 
taking  interest  for  the  use  of  money  (Li v.  vii. 
42;  Tac.  Ann,  vi.  16).  It  was  persistently 
evaded  (Uv.  xxxv.  7),  and  eventually  altogether 
disregarded  (Plut.  Cato  Motjor,  21 ;  Appian,  Bdl. 
Civ.  i.  54). 

GENU'CIA  DE  C0N8ULATU,  B.C.  343,  a  pro- 
posal by  the  same  tribune  Genucins  for  opening 
both  consulships  to  plebeians  (Liv.  vii.  42).  in 
viii.  12  Livy  represents  the  law  as  having 
actually  been  passed  ;  but  we  do  not  read  of 
both  consuls  being  plebeians  till  the  6th  century, 
and  he  is  probably  incorrect :  see  Puchta,  Jnsti- 
tutioneny  §  57,  note  1 ;  Mommsen,  Bdm.  StcuUs- 
rechty  ii.  p.  76. 

GLI'GIA,  a  statute  supposed  by  Cujaeius  as 
the  origin  of  the  querela  inofficiosi  testamenti, 
but  apparently  without  reason  (see  Vangerow, 
Pandekten,  7th  edit.  ii.  p.  218). 

GUNDOBA'DA,  a  name  sometimes  ^ren 
to  th^'^x  Burgundiorum  of  King  Sigismund, 
otherwise  known  as  **  Papian,"  A.D.  517. 

HERE'NNIA,  d.o.  60  (Cic  ad  Att,  i.  18,  4 : 
i.  19,  5). 

HIERONICA.    [Decumae,  Vol.  I.  p.  605.] 

HI'RTIA  DE  PoMPEiANia,  drc.  49  b.c.  (Cic 
Pha.  xiii.  16,  32). 

HORA'TIA,  B.C.  449,  made  the  persons  <^( 
the  tribunes,  aediles,  and  decemviri  sacroaancti 
(Liv.  iii.  55),  [Valebiab  bt  Hobatiae.]  An- 
other LeX'Horatia  mentioned  by  Gelltns  (ri.  7. 
2-4)  was  a  prinlegium  relating  to  a  re^tii 
virgin  named  Caia  Tarratia. 

HORTE'NSIA  de  PLEBOcrns,  b.c.  287 
(Plin.  H.  N.  xvi.  §  37  ;  Gell.  xv.  27,  4 ;  Gahisrr. 
3;  Inst.  i.  2,  4).  [Plebiscitum;  Publiuak 
Leges.] 

HORTE'NSIA  db  nundinis,  of  about  the 
same  date,  enacted  that  the  market  days,  which 
had  hitherto  been  Feriae,  should  be  dies  fasti. 
This  was  done  for  the  purpose  of  accommodatio!; 
the  inhabitants  of  the  country  (Macrob.  Saturn, 
i.  16 ;  Plin.  H.  N.  xviii.  §  13). 

HOSTI'LIA  enabled  the  ac\io  furii  to  be 


LEX  ICILIA. 

bsiNi|ki  hj  «B  agent  on  behalf  of  any  penon 

who  (or  whoM  totor)  was  in  foreign  captintjr 

or  Abiflit  reipMicae  causa  (/m^.  iy.  10,  pr.). 
\)    Itl'LIA  DE  AV£NTIXO  PUfiUCANDO,   a  ple- 

huaUua  proposed  by  I*  Icilios,  B.a  456,  grant- 
ing UM  Avnitine,  hitherto  poeseieed  by  the 
ptth&in5,  as  a  dvelUng-place  to  the  plebe,  who 
thtnhj  acquired  a  right  to  the  boildinge  which 
th«T  erected  on  it  (Lit.  iii.  31|  32;  Dionye. 
2.  31,  32;  cf.  Nicbuhr,  £om.  Hist.  ii.  301: 
oad  fee  S0PE&FICI£8). 

iCl'LTi^  D£  9ECESSioarE,  &c.  449  (Lir.  iii. 
54).  *      V 

ICI'LIA  TRIBUKICU,  B.a  469,  enacted  that 
aDj  peraon  who  interfered  withVtribone  in  the 
eieroae  of  his  Constitntional  poWen  should  be 
put  to  deat^  nnlefis  lie  g^ve  sureties  for  the  pay- 
ment of  the  fine  to  which  he  rendered  himself 
liable  (Dionys.  TiL  17 ;  Cic.  pro^Sestio,  39,  84 ; 
Ikcker-Marquardt,  iL  3,  129). 

JUXIAE  LEGES,  most  of  which  were 
f4ued  in  the  tin^  of  0.  Julius  Caesar  and 
Aoi^ustos:  among  them  are —    • 

JUXtIA  AO&AKiA,  passed  by  Julias  Caesar  in 
his  fint  consnlatc,  B.&  59 :  it  provided  for  an 
AMignment  of  lands  in  Campania  (whenoe  Lex 
r«p»p^^fi  In  Cic.  ad  AtL  ii.  18)  to  the  Pompeian 
T«urans  and  the  poorer  citizens  generally, 
«opedally  buch  as  had  three  children  (Dio  Cass, 
xiiriii.  1-7;  VelL  Pat.  ii.  44;  Appian,  Bell. 
O.  iL  10;  Sueton.  Jtd.  20;  Cic.  ad  Att  ii.  16, 
<ii  fam.  ziii.  4^  J^hiL  iL  39,  101,  v.  19,  53 ;  Plut. 
Olio  Jfmor,  31-33;  Dig.  47,  21;  Zumpt,  Com- 
wmL  Epigraph.  L  277-302 ;  Uarless,  Ackergesetz- 
^ybmg  C.  Julius  Caesar,  Bielefeld,  1841). 

JU'LIA  CADCCABia,  identical  with  the  Lex 
Jalis  et  Pkpia  Poppaea. 

JUXIA  DB  ADCurERiia.     [Adultebium.] 

JU  LIA   DB  AMBITU.     [AMBITUSb] 

JUTiIA  DB  Akmoxa,  directed  against  at- 
t«Bpts  to  raise  in  any  way  the  price  of  com, 
ud  making  it  a  criminal  offence  {Inst.  ir.  1 8, 
1:^;  Dig.  47,  11,  6,  pr.;  48,  12,  2). 

JU'LIA  DK  Bwn  CEDENDial  Up  to  nearly 
the  end  of  the  RapubUc  an  insolTent  debtor  was 
Qzttble  to  escape  from  the  two  serere  forms  of 
i>uknpicy  execution  (manus  wjectio  and  bono- 
nm  empOo  or  emd^'o)  by  a  T<^u&tary  compo- 
sition. This  statute  (whether  due  to  Julius  or 
Aagosttts  Caesar  is  uncertain)  anabled  hin^  at 
ttj  moment  before  his  creditors  took  steps  to 
hftte  hin  adjudged  a  bankrupt,  to  make  a  cessio 
WnoM  to  them,  though  th^  right  could  not 
^  txercised  if  his  insolrency  w^  due  entirely  to 
^  own  fault  (Cod.  7,  71,  8,  pr.>  He  surren- 
^09A  bis  property,  which  was  dealt  with  in 
Bach  the  tame  way  as  if  the  procedure  had  been 
br  toMnan  tmpiio ;  but  he  escaped  infamia  and 
tU  hability  to  personal  arrest,  and  was  entitled 
t«the  heuejiaum  compdentiae :  i.e.  his  creditors 
vtre  bound  to  let  him  retail  so  much  of  his 
BKtae  as  was  sufficient  to  proride  him  with  the 
Ottananet  of  life.  Hie  prorisions  of  the  statute, 
onrinally  intended  to  benefit  ctoss  only,  were 
^itdded  to  the  proriaees  by  imperial  constitu- 
tioet.  Cod.  7,  71,  4  (Caes.  Beli.  Civ.  iu.  1 ; 
i>«toB.  M.  42 ;  Tac.  Ann,  I'u  16 ;  Dio  Cass. 
tviu.21:  Gaius,  iiL  78). 

JUXIA  DB  CAEDB    ET    VEMBFIOIO  (Sueton. 

^<^  3j3),  perhaps  the  same  as  the  Lax  Julia  de 
^  paUiea. 
^"UA  DE  cinf  ATE,  B.C.  90  (Cic.  pro  BalbQj 


LEGES  JULIAE 


43 


8,  21 ;  Oell.  ir.>4,  3).     [CiTiTAS;  F€»DEiaTAE 

ClVITATES.] 

JU'LIA  DE  GRETA  (Cic.  Phil.  ii.  38,  97). 
JU'LLA  DE  EZSULIBUB  (Clc  Phil.  ii.  38,  98 : 
cf.  Pha.  V.  4,  11). 

JU'LIA  DE  PENORE  (or  DE  PEOXTNIIS  MUTITIS 

or  CREDiTis),  passed  by  Julius  Caesar  when  die-  . 
tator,  B.C.  49.  It  compromised  the  claims  of 
creditors  and  debtors  by  estimating  property  at 
the  value  it  had  held  before  the  depreciation 
occasioned  by  the  Civil  War,  and  compelling  the 
creditors  to  take  it  at  this  valuation ;  and  by 
allowing  debts  to  be  discharged  without  pay- 
ment of  the  accumulated  interest.  It  was  calcu- 
lated that  the  creditors  lost  about  one-fourth  of 
what  was  their  due  (Caes.  Bell.  Cic.  iii.  1 ;  Sueton. 
Jul.  42;  Plut.  Caes.  37;  Appian,  Bell.  Civ. 
iL  48). 

JU'LLA  DB  FUNDO  DOTAL!,  a  chapter  of  the 
Lex  Julia  do  adulteriis :  it  absolutely  prohibited 
mortgages  of  Italian  land  which  formed  part  of 
a  dos  by  the  husband,  and  allowed  its  alienation 
only  with  the  wife's  consent.  It  was  commented 
on  by  Papinian,  Ulpian,  and  Paulus  (Gaius,  ii. 
63;  Inst.  ii.  8,  pr.;  PauL  Sent,  reo,  iL  21,  2; 
Dig.  23,  5).    See  Adulterium. 

JU'LIA  DE  LmSRlS  LBOATIONIBVB  <Clo.  od 

Att»  XV.  11,  4;  deLegg.  iii.  8).    [Lbqatub.] 

JU'LIA  DE  habHtandib  ordimibdb.  [Juua 
ET  Papia  Poppaea.] 

JU'LIA  DE  PBOVI^*CIISy  passed  by  Julius 
Caesar ;  it  limited  the  governorship  of  a  prae- 
torian province  to  one  year,  that  of  a  consular 
one  to  two.  Orelli  also  ascribes  to  this  lex  cer- 
tain regulations  of  Caesar  as  to  provincial  ex- 
penses, which  Emesii  considers  to  have  been 
part  of  the  Lex  Julia  repetundarum  (Cic.  PMl, 
L  8;  Dio  Cass,  xliii.  25 ;  Ferrat.  J^pisL'iit.  14). 

JU'LIA  DE  PUUUCANI8  (Cic.  pro  PlanciOj 
14,  35;  Appian,  Bell.  Civ.  ii.  13;  Dio  Cass. 
xxxviii.  7 ;  Sueton.  Jul.  20). 

JU'LIA  DE  EEOE  DEtOTABO  (Cic.  Pkil.  H.  37, 
93 :  cf.  €td  Att.  xiv.  12,  1). 

JU'LIA  DE  RESiDUis,  part  of  the  Lex  Julia 
peculatus  {Inst.  iv.  18,  12  ;  Dig.  48,  13).     [p£- 

GULATUS.] 

JU'LIA  DE  SACBRDOTUS  (Cic.  od  Brut,  L  5 ; 
cf.  Phil.  ii..«,  6). 
^Ulit^  DE    8ACBILE0IS.      [PeCCLXTUS.] 

JU'LIA  DE  ffiCDLU  (Cic.  ad  Att.  xiv.  12,  1). 

JU'LIA  D£  TX  «PITBUCA  ET  PRIVATA. 
[VI8.1 

JU'UAB  JUDICIARIAE.  One  of  Julius 
Caesar  deprived  the  tribuni  aerarii  of  their 
share  in  the  judicia  publica  (Suet.  Jul.  41 ;  Cic. 
Phil.  L  8);  others,  more  probably  of  Augustus 
than  Julius,  instituted  an  **  album  selectorum 
jndicum  "  for  the  hearing  of  civil  causes  (Suet. 
Octav.  32 ;  Gell.  xir.  2^  and  perhaps  fixed  at 
twenty  years  the  age  under  which  a  person 
could  not  be  compelled  to  be  a  judex  (Dig.  4,  8, 
41) ;  limited  the  jurisdiction  of  the  centumviri 
(Gains,  iv.  30 ;  see  Keller,  Civil  Process,  §  23) ; 
and  divided  actions  in  respect  of  their  pendency 
into;tiActa  hgitima  and  judicin  quae  trnperiocon- 
Unentur  (Gains,  ir.  104).  For  the  whole  sub- 
ject, see  Judex. 

JU'LIA  MAJESTA'TIS  (Clc.  Phil.  L  », 
23 ;    fnst.  iv.  18,  3  ;  Dior.  48,  4).     [Majestas.] 

JU'LIA  MI8GELLA,  avoiding  a  condition 
annexed  to  the  institution  of  a  ^eir  or  a  legacy 
to  the  effect  that  the  person  benefited  should 


\ 


44 


LEGES  JULIAE 


not  marry  :  probably  a  claiue  of  the  Lex  Julia 
et  Papia  Poppaea  (Dig.  35,  1,  64;  t6.  72,  4, 
&c. ;  Cod.  6,  40). 

JU'LIA  MUNICIPA'LIS,  commonly  called 
the  Tabula  Heracleensis.  It  was  discovered  on 
bronze  in  two  fragments  at  Tarentum  (Heraclea) 
in  1732  and  1735,  which  have  been  uoited  and 
kept  in  the  Museo  Borbonico  at  Naples  since 
1760.  The  inscription  on  one  side  is  a  Greek 
psephisma  of  the  town  of  Heraclea,  that  on  the 
other  is  a  copy  of  part  of  a  Koman  lex  (clearly 
made  for  the  use  of  the  citizens  of  the  town), 
which  contains  police  regulations  for  the  city  of 
Kome :  rules  for  the  constitution  of  communities 
of  Roman  citizens  {municipia,  coloniaey  prae- 
fecturaef  fora,  oonciliabvia  civium  Romanonan), 
and  othera  relating  to  capacity  for  the  decuri- 
onatus  and  magistracies,  to  the  census  in  the 
Italian  towns,  and  to  changes  in  local  regula- 
tions. It  was  thus  a  lex  of  the  class  called 
Satura. 

It  seems  that  the  lex  of  the  year  B.C.  49, 
which  gave  the  civitas  to  the  Transpadani,  en- 
acted that  a  Roman  commissioner  should  be  sent 
to  all  the  towns  for  the  purpose  of  framing 
regulations  for  their  municipal  organisation. 
The  Lex  Julia  empowered  the  commissioners  to 
continue  their  labours  for  one  year  from  its 
date,  and  included  the  whole  of  Italy  within  the 
scope  of  their  authority.  The  name  of  the  lex 
(which  for  a  long  time  was  called  simply  Tabula 
Ueracleensis)  was  determined  by  Savigny  by 
means  of  an  inscription  discovered  at  Padua  in 
1696  (Orelli,  Inacr,  ii.  3676):  its  date  is  now 
regarded  by  the  authorities  to  be  fixed  at  B.a 
45  by  a  passage  of  Cicero  (ad  Fam,  vi.  18),  so 
that  its  determining  cause  seems  to  have  been 
the  admission  of  the  Transpadani  to  the  civitas, 
B.O.  49. 

(A  lithographed  copy  of  the  Table  is  given  by 
Ritschl,  Tab,  xxxiii.  xxxiv. :  the  text  may  also 
be  found  in  Orelli's  Inscriptions,  i.  206,  and 
Spangenberg*s  Monumenta  leg  alia,  1830,  No.  16, 
p.  99  8q,  The  first  work  on  the  subject  is  that 
of  Mazochi,  Naples,  1754,  1755:  the  best  is 
Savigny's  Essay  (with  two  appendices)  in  his 
VermitchU  Schriftenj  vol.  iii.  pp.  279-413 :  cf. 
Puchta,  Inttitutionen^  §  90.) 

JU'LIA  ET  PA'PIA  POPPAEA.  The 
relation  of  this  statute  to  the  Lex  Julia  de 
maritondis  ordinibus  is  not  perfectly  clear. 
Augustus  appears  in  his  sixth  consulate  (B.C. 
28)  to  have  issued  an  edict  (Tac.  Ann,  iii.  28)  on 
the  subject  of  marriage,  which  he  followed  up 
(B.C.  18)  by  proposing  a  law  to  the  senate  regu- 
lating certain  marriages,  imposing  disabilities  on 
unmarried  persons  {caelibe»\  and  establishing 
rewards  for  those  who  had  married  and  reared 
children  (Dio  Cass.  liv.  16).  This  he  carried 
with  difficulty  through  the  senate,  but,  apjm- 
rently  owing  to  the  organised  resistance  of  the 
equities,  it  was  tumultuously  rejected  at  the 
Comitia  (Suet.  Aug.  34).  Towards  the  end  of  his 
reign,  however  (a.d.  3),  he  succeeded  in  carry- 
ing it,  with  its  rewards  increased  and  its  penal- 
ties mitigated :  it  is  referred  to  in  the  Carmen 
Saecuiare  of  Horace,  which  was  written  B.C.  17, 
and  is  mentioned  under  the  name  Lex  Julia  de 
maritandis  ordinibus  in  Dig.  38,  11 ;  23,  2.  The 
opposition  of  the  knights  was  overcome  by  a 
provision  that  it  should  not  come  into  force  for 
three,  a  period  subsequently  extended  to  six, 


LEGES  JULIAE 

years ;  and  taking  advantage  of  this,  Augustvs 
passed  in  A.D.  9  another  statute  (called  Papi.-i 
Foppaea  from  the  oonsuies  sujfecti  for  the  yean 
H.  Papius  Mutilus  and  Q.  Poppaeus  Secundum  : 
Dio  Cass.  Ivi.  1-10),  containing  further  enact- 
ments on  the  same  subject.  Some  writers  Are 
of  opinion  that  there  was  but  one  lex  (Papia 
Poppaea),  in  which  the  eai'lier  unsucoessfnl  law 
was  incorporated,  and  it  is  true  that  the  frequent 
mention  of  them  together  as  one  lex  (Julia  cc 
Papia  Poppaea)  lends  some  colour  to  the  supposi- 
tion:  but  the  view  here  taken  seems  more  iu 
accordance  with  the  information  given  by  hi:*- 
torians,  and  to  be  confirmed  by  the  provisions  of 
the  statutes  being  sometimes  distinguished  ia 
close  juxtaposition.  Sometimes  they  are  cite4 
by  reference  to  their  various  chapters:  e.g.  Lex 
Caducaria,  Lex  Decimaria,  Lex  Miscella,  &c. 

Many  commentaries  were  written  on  thcs^e 
leges  by  the  Roman  jurists,  of  which  consider- 
able fragments  are  preserved  in  the  Digest: 
Gains  wrote  fifteen  books,  Ulpian  twenty,  and 
Paulus  at  least  ten.  The  joint  statute  con- 
tained at  least  thirty-five  chapters  (Dig.  22,  2, 
19),  but  as  a  rule  it  is  impossible  to  say  to  whicit 
of  the  two  leges  included  under  the  general  title 
of  Lex  Julia  et  Papia  Poppaea  the  several  proTi- 
sions  as  now  known  to  us  belong.  Attempta 
have  been  made  both  by  J.  Gothofredns  and 
Heinecdus  to  restore  them,  on  the  assumption 
that  their  provisions  are  leducible  to  the  two 
general  heads  of  a  Lex  Maritalis  and  a  Lex 
Caducaria  (cf.  Puchta,  Institutionen,  §  107). 

Among  the  enactments  of  these  statutes  are 
the  following : — 

(i.)  Prohibition  of  certain  marriages  under 
penalties:  viz.  of  ingenui  with  infames  (e.g. 
actresses  and  prostitutes) ;  and  of  senators  or 
their  children  with  freedwomen,  freedmen,  and 
actors'  daughten  (Ulpian,  Reg,  xiii.  1,  xvi.  2 ; 
Dig.  23,  2,  44,  pr.  and  1).  Marriages  between 
a  senator  or  his  issue  and  libertini  were  declared 
void  by  a  senatu^consult  passed  under  M.  Aurelios 
(Dig.  23,  2, 16,  pr.),  and  the  rule  was  subse- 
quently extended  to  actors  and  actresses  <Dig. 
t&.  42,  1). 

(ii.)  Avoidance  of  conditions  against  marriage 
annexed  to  legacies  and  inheritances.  [JinaA 
Miscella.] 

(iii.)  Provisions  to  encourage  marriage.  6W- 
libes  were  disabled  by  the  Lex  Julia  from  taking 
either  as  heirs  or  as  legatees  (Gains,  ii.  Ill,  144, 
286)  under  a  will,  unless  the  testator  were  re- 
lated to  them  within  the  sixth  degree  (Ulpian, 
Heg.  xvi.  1 ;  Frag,  Vat,  216,  219),  or  unless  they 
married  within  100  days  (Ulpian,  Beg.  xrii.  1 ; 
xxii.  3).  Spadones  and  vestal  virgins  were  ex- 
empted from  the  operation  of  the  statute,  as 
were  widows  for  twelve  months,  and  divorcer! 
women  for  six :  these  periods  were  extended  by 
the  Lex  Papia  to  two  years  and  eighteen  months 
respectively  (Ulp.  Seg.  14).  Again,\he  penalty 
of  the  statute  could  be  evaded  by  an  engagement 
to  marry,  if  carried  out  within  two  years 
(Sueton.  Octav.  34;  Dio  Cass.  liv.  16,  Ivi.  7; 
Dig.  23,  1,  17).  Finally,  males  were  released 
from  its  provisions  in  this  respect  on  attaining 
sixty,  women  on  attaining  fifty  years  of  age ; 
but  a  Senatusconsultum  Persicianum  passed 
under  Tiberius  enacted  that  they  should  be  re- 
garded as  caeiAes  in  perpetuity  if  they  postponed 
marrying  till  so  late  in  life.     A  Senatuscon- 


LEO£8  JULIAE 


LEX  JUNIA  NORBANA 


45 


fliUam  CUacUumimi  ao  fiur  modified  the  strictneM 

<  f  tbe  otv  rale  as  to  give  a  man  who  married 

xiUr  Aitf  the  same  advantage  that  he  wonld 

htr«  ^  if  he  had  married  under  sixty,  pro- 

ri Jed  he  married  a  woman  who  was  under  fifty ; 

but  il  vas  enacted  by  a  Senatosoonsultum  Cal- 

naumrn  nnder  Nero,   that  if  a  woman  over 

a^j  Biarried  a  husband  under  sixty,  even  the 

liter  shoald  not  escape  the  disabilities  imposed 

bT  the  statote  (Ulpian,  Seg.  xvi.  4).     Similarly, 

f>T  the  Lex  Papia,  orfri  (persons  who  had  been 

uurzied,  bat  had  no  children  living)  were  dis- 

j'lled  from  taking  more  than  a  moiety  of  what 

wu  left  them  by  way  of  either  inheritance  or 

ir^T  (Gaiua,  ii  111,  286 ;  Ulpian,  £eg.  xvi.  1 ; 

6-^2omenas,  1,  9\  unless  related  to  the  testator 

vithia  the  sixth  degree.      Males  escaped  the 

poaitici  of  orifUas  by  having  a  single  (even 

4l)ptive)  child  (Jnv.  xix.  83,  86-89),  but  by  a 

^BatoKonsnltum    Memmianum    adoption   was 

deprived  of  this  effect  when  resorted  to  merely 

10  order  to  evade  the  statute  :  but  women  were 

ti'  1 90  well  o£^  ingenuae  being  released  only  by 

three,  libertanae   only  by  four  children  (Paul. 

.vat.  rec  iv.  9,  1^).     There  were  exceptions  to 

tiHrse  roles  if  the  wife  was  under  twenty  or  over 

uiijt  or  the  husband  under  twenty-five  or  over 

-iitj,  and  also  if  the  husband  was  residing  away 

irm  the  wife  reipuUicae  oauaa  (Ulpian,  ^g. 

irl  1).    Legadea  and  inheritances  which  could 

:itii  be  taken  either  in  whole  or  part,  owing  to 

taeie  provisions  of  the  Lex  Julia  or  Lex  Papia 

IVppsea,  became  caduoa  [Boka  Caduca],  the 

Iav  opoa  which  subject  was  considerably  modi- 

b:i  br  these  statutes. 

(IT.)  Some  other  provisions  have  been  noticed 

4*ewbere  [Dbcixaria;  Juua  MiacELLAl.    To 

tlt3»«  may  be  added  the  rule  giving  a  preference 

*  •  candidates  for  office  according  to  the  number 

•'t  their  children  (Tac.  Ann.  xv.  19;  Plin.  Ep, 

Tii.  16):  the  release  of  ingenuae  with  three  and 

ii^rtiaae  with  four  children  from  tutela  (Gains, 

i.  144, 145),  and  of  libertini  with  a  certain  num- 

i-n  of  children  from  operarum  obligationet  (Dig. 

^%  I).     Hie  exemption  of  persons  from  dis- 

« urging  the  office  of  tutor  or  curator  jure 

i^jironun  (iasl  L  25,  pr. ;  Dig.  27,  1,  18)  was 

bued  on  these  statutes,  which  also  introduced 

<^haafei  (besides  those  already  noticed)  into  the 

i*v  of  succession^  both  testamentary  and  intes- 

^te,   especially    in    connexion    with    libertini 

(OuQs,  iii.  42-50,  Lci  see  Patbondb).     And 

tU  Lex  J  alia  also  fixed  the  date  .at  which  wills 

«'<R  opened  as  that  at  which   the   rights  of 

legiktecs  should  become  indefeasible  (dies  oedit : 

f-.t  LegatuxX  which  previously  had  been  the 

^^9*»t  of  the  testator;  but  the  old  rule  was 

ristoted  under  Justinian. 

After  the  enactment  of  the  Lex  Papia  Pop- 

r«^  it  became  not  unusual  to  obtain  a  grant  of 

&  fictitious  pu  iiberontm  by  special  favour  from 

'Q«  icaate,  and  later  from  the  emperor  (Dio 

<W  It.  2;  Sueton.  Oaud.  19;  Plin.  Ep.  iL  13, 

5  2. 95,  96;  Paul.  Sent.  rec.  iv.  9,  9),  whereby 

tiiftse  vho  had  no  children,  or  not  enough,  were 

^3sbl«d  to  escape  its  disabilities  and  even  enjoy 

a««  of  its  benefiU  (f^agm.  Vat.   170).     This 

P^^iiege  is  mentioned  in  some  inscriptions,  on 

'iiich  the  abbrevUtion  L  L.  H.  (Jus  Uberorwn 

^*ni)  sometimes    occurs.      The   Emperor   M. 

AoreUos  enacted  that  children  should  be  regis- 

^*'^  by  name  within  thirty  days   of  their 


birth  with  the  Praefectus  Aerarii  Saturni  (Capi- 
tol. Marc.  9 ;  cf.  Juv.  Sat.  ix.  84). 

The  penalties  of  oaeiibatus  and  orbitas  were 
abolished  by  Constantino  and  his  sons  (Cod. 
TAeod,  8,  16),  as  were  the  disabilities  contained 
in  the  "  Lex  Decimaria  "  by  Theodosius  II.  (Chd. 
Theod,  8,  17,  2,  3),  so  that  little  is  left  of  these 
statutes  in  the  law  of  Justinian. 
JU'LLA  PAPraL^.  [Papiria.] 
JU'LIA  PECU'LATUS.  [Peculatus.] 
JU'LU  ET  PLAU'TIA,  of  unceruin  date, 
enacted  that  res  vi  possesaae  should  stand  on  the 
same  footing  with  res  ftartivae  [Atinia]  and  be 
incapable  of  acquisition  by  usucapio.  II  related 
solely  to  land,  for  robbery  of  res  mobiles  was 
theft  itself  (Gaius,  iii.  209),  and  land  could  not 
be  stolen  (Inst.  ii.  6,  7).  (Gains,  ii.  45,  51 ; 
Inst.  ii.  6,  2 ;  Dig.  41,  3,  4,  22.)  It  would  seem 
from  Theophilus  on  the  passage  of  the  Insti- 
tutes last  referred  to  that  there  were  really  two 
statutes,  Julia  and  Plautia,  perhaps  the  two  of 
those  names  *^  de  vi." 

JU'LLA.  REPETUNDA'BUM.  [Repe- 
tundae/) 

JUXiA  SUMPTUA'RLA,  passed  B.C.  49  by 
Julius  Caesar  (Cic.  ad  AU.  13,  7,  1 ;  od  Fam.  7, 
26,  2 ;  9,  15,  5).  Augustus,  too,  seems  to  have 
re-enacted  with  additional  severities  the  earlier 
sumptuary  laws  (Gell.  ii.  24 ;  xliii.  25).     [SUM- 

FTUARIAE  LeOES  T 

JU'LLA  THEATBA'LIS  (Sueton.  Attg.  40 ; 
Plin.  xxxiii.  §  32)  permitted  Roman  equites,  in 
case  they  or  their  parents  had  ever  had  a  census 
equestris,  to  sit  in  the  fourteen  rows  of  the 
theatre  appropriated  to  them  by  the  Lex  Roscia 
TheatraliB,  B.C.  67. 

JU'LIA  ET  TITIA  (supposed  to  have  been 
passed  B.O.  31)  assigned  to  the  governors  of  pro- 
vinces (praeskies)  the  duty  of  appointing  guar- 
dians for  women  and  impuberes  who  were  not 
in  patria  potestas,  or  already  provided  with  one. 
A  Lex  Atilia,  which  was  in  existence  in  the 
seventh  century  of  the  city,  had  already  given 
the  same  power  in  Rome  to  the  praetor  urbanus, 
acting  with  a  majority  of  the  tribuni  plebis 
(Gaius,  i.  185;  Inst.  i.  20,  pr. ;  Ulpian,  £eg. 
xi.  18). 

JU'LIA  YICESIMA'RIA,  passed  by  Augus- 
tus, A.O.  6  (Dio  Cass.  Iv.  25,  Ivi.  28;  Plin. 
Paneg.  37-40 ;  Capitol.  Marc.  11).  [ViCESniA.]  / 

jtj'nia    db    libertinobulf    suffbaqii8.  ** 
[Clodia;  Mamumissio.] 

JU'NIA  DE  PEREQKINIS,  Or  JUNIA  PEN- 
NI,  a  plebiscitum  of  M.  Junius  Pennus,  B.C. 
126,  expelling  peregrini  from  the  city  (Cic.  de 
Off.  iii.  11,47 ;  Brut.  28, 109).  By  a  Lex  Fannia 
(possibly  merely  an  edict  of  the  Consul  Fannius) 
B.a  122,  Latins  and  Italians  were  similarly 
treated  (Appian,  Beli.  Civ.  i.  23 ;  Plut.  C.  Grac- 
chus, 12  ;  Cic.  Brut.  26, 100,  pro  Sest.  13, 31),  as 
were  all  persons  who  had  not  an  Italian  domicile 
by  a  Lex  Papia,  B.a  65  (Dio  Cass,  xxxviii.  9; 
Cic.  in  Jitdi.  i.  4,  11 ;  efe  Off.  loc.  cit. ;  ad  Att. 
iv.  16). 
JU'NIA  LICI'NIA.  [LiciNiA  Junia.] 
JU'NLA  NOBBA'NA,  probably  a.d.  19  (see 
Puchta,  Institutionen^  §  213,  note  u),  created 
the  status  of  Latinus  Junianus  by  enacting  that 
slaves  manumitted  otherwise  than  by  one  of  the 
manwnissiones  legitimae,  or  against  the  provi- 
sions of  the  Lex  Aelia  Sentia,  should  hare  the 
rights  of  Latini   (i.e.  commercium  without   co^ 


i 


1 


46 


LEX  JUNIA  PENNI 


V 


nti6t«ni).  The  statnte,  howerer,  expressly  de- 
prived them  of  the  right  of  making,  or  taking 
under  a  will,  or  of  being  testamentary  guar- 
dians:  see  Aeua  Semtia  Lex;  Latinitas; 
LiBBRTUS;  Manumissio.  (Gains,  i.  16,  17,  22, 
&c.,  iii.  56 ;  Ulpian,  Reg.  i.,  xx.  8,  xxii.  3.) 

JU'NIA  PENNI.     [JUNIA  DE  PEREORW18.] 

JU'NIA    PETRCNIA,  or  PATRO'NIA, 

enacted  that  if  the  judges  in  a  suit  relating  to 
personal  freedom  were  evenly  divided,  the  person 
whose  statns  was  in  question  should  be  declared 
free  (Dig.  40,  1,  24 :  cf.  Dig.  42,  1,  38,  pr.). 
Whether  it  is  the  same  statute  as  the  Lex 
Petronia  is  doubtful. 
JU'NIA   REPETUNDA'RUM.      [Rbpe- 

TUNDAE.] 

JU'NIA  VELLE'IA,  a.d.  10,  made  it  pos- 
sible (which  hitherto  had  not  been  allowed)  to 
either  institute  or  disinherit  certain  postumi  sui 
(i.e.  descendants  who  after  the  making  of  a  will 
come  into  the  immediate  potestas  of  the  testa- 
tor). Those  to  whom  this  lex  related  were  (a) 
children  of  the  testator  bom  in  his  lifetime, 
but  after  the  execution  of  his  will ;  (6)  grand- 
children of  the  testator  bom  after  their  father*8 
death,  but  in  the  lifetime  of  the  testator ; 
(c)  grandchildren  bom  before  the  execution  of 
the  grandfather's  will,  but  who  become  sui 
heredes  by  their  father's  decease  after  that 
event  (Ulpian,  Jteg,  xxii.  19 ;  Dig.  28,  2,  29 ; 
Gaius,  ii.  134,  and  Mr.  Poste's  note  on  f  130). 

LAETO'RIA,  the  same  as  PLAETO'RIA 
[Curator].  Sometimes  the  lex  proposed  by 
Volero  for  electing  plebeian  magistrates  at  the 
Oomitia  Tribnta  is  cited  as  a  Lex  Laetoria  (Liv. 
ii.  56,  57). 

LE'NTULI  (Cic.  ad  Fam.  xiii.  48),  really  a 
magisterial  decretum  relating  to  the  provincial 
organisation  of  Cyprus:  cf.  the  ** decretum 
Rnpilii "  for  SicUy  (Cic.  in  Yurr.  ii.  13, 16). 

LIGPNIAE.  In  B.a  375  <?.  Licinins  Stolo 
and  L.  Sextius,  two  of  the  tribunes  of  the  plebs, 
proposed  a  number  of  rogationetj  partly  in  the 
political,  partly  in  the  economical  interests  of 
the  plebeians. (Liv.  vi.  35).  The  latter  were 
aggrieved  by  their  practical  exclusion  from  the 
chief  magistracies :  but  they  were  still  more 
distressed  by  the  burden  of  their  debts.  They 
had  suffered  heavily  through  the  sacking  of  the 
city  by  the  Gauls  (Liv.  vi.  11,  &c.),  and  in  com- 
parison with  the  patricians  were  taxed  out  of  all 
proportion  to  their  real  means  (Liv.  iv.  60,  v.  10 ;. 
Niebuhr,  Udm.  OescH,  i.  645) ;  they  were  largely 
indebted  to  the  other  order,  which  was  rapidly 
buying  them  out  of  their  land  (Liv.  xxxiv.  4), 
and  cultivating  its  new  acquisitions  by  slave 
labour,  so  that  the  plebeians  were  debarred  from 
making  their  livings  even  as  farmers  holding 
under  their  own  creditors  (Appian,  BelL  Civ, 
i.  8). 

The  Licinian  rogation  which  was  intended  to 
settle  the  tinancial  question  proposed  that  all 
sums  which  had  been  paid  by  way  of  interest 
should  be  struck  off  the  capital  debts,  and  that 
three  annual  periods  should  bo  allowed  for  the 
payment  of  the  residue  (Liv.  vi.  35,  39).  The 
precise  content  of  the  second  (de  modo  aip'omm^ 
Liv.  xxxiv.  4;  Gell.  xx.  1,23;  Val.  Max.  viii. 
6,  3 ;  Veil.  Pat.  ii.  6,  3 ;  Appian,  Bell  Civ.  i.  8  ; 
Plin.  H.  N.  xviii.  3)  is  less  certain.  According 
to  one  view  (Puchta,  Intixtuiionen,  §  57)  it  pro- 
posed that  no  one  should  own  more  than  500 


LEGES  LIGINIAE 

jugera  of  land,  or  pasture  on  the  ager  publico; 
more  than  100  cattle  and  500  sheep  or  smaller 
beasts :  others  {e,g.  Niebuhr,  and  Walter,  Gesd. 
des  rdm.  BechU,  §  62)  hold  that  it  prescribe! 
the  limit  of  500  jugera  merely  for  the  **  posse»- 
siones  "  of  ager  publicus :  a  third  view  (advanced 
by  Hnschke,  Ud)er  die  SteUe  des  Varro,  18^i5, 
and  Rudorff,  Edm,  Fetdmesser^  ii.  312,  Roin. 
Eechtsgeichichtey  i.  38)  is  that  both  ownershi{> 
and  possession  were  comprised  in  the  enactment. 
The  iirst  of  these  theories  at  any  rat<*  seems  t» 
be  disproved  by  Livy,  vi.  37  and  39  ("agri^ 
occupatis  .  •  .  injustis  possessoribus "),  Plm. 
JET.  JV*.  xviii.  17,  and  Appian,  BeU.  do.  18  iq. : 
and  perhaps  that  of  Niebuhr  is  best  supported 
by  the  authorities.  It  was  also  proposed,  in  tW 
interest  of  those  plebeians  who  were  too  pmir  to 
buy  land,  that  a  certain  number  of  free  persoQ» 
should  be  employed  on  every  estate  (Appi^m, 
toe,  dt).  A  thii'd  rogatio  was  for  the  abolitioa 
of  the  military  tribunate  (an  office  created  some 
years  previously  in  order  to  reliere  the  consuls 
of  some  of  their  less  important  duties,  to  which 
the  plebeians  had  been  eligible,  though  liry 
says,  vi.  37,  that  in  B.C.  369  it  had  not  beea 
occupied  by  any  of  them  for  forty-four  years). 
and  for  the  election  of  one  of  the  consuls  tvtry 
year  from  the  ranks  of  the  plebeians  (Liv.  vi.  35, 
vii.  1,  21,  22,  26,  x.  7;  GelL  xvii.  21,  26,  27; 
Schol.  Bob.  pro  Soauro,  p.  375,  Orelli).  The 
patricians  prevented  the  enactment  of  these 
rogations  by  inducing  the  other  tribunes  to  veto 
them :  Stolo  and  Sxtius,  according  to  Lin, 
I  retaliated  in  the  same  way,  and,  being  repeatedlj 
re-elected  tribunes,  persevered  for  fire  years  in 
preventing  the  election  of  any  cnrule  msgi^ 
trates. 

In  B.C.  368,  encouraged  by  the  support  of  one 
of  the  tribuni  militum,  M.  Fabius,  Liciniiu* 
father-in-law,  and  by  the  decreasing  oppositioo 
of  their  colleagues,  the  two  tribunes  proposed, 
and  after  two  years*  violent  agitation  carried 
(B.C.  366),  a  new  rogatio  that,  instead  of  the 
duumairi  hitherto  established,  there  should  be  a 
collegium  of  decemviri  for  the  custody  of  the 
Sibylline  books,  and  the  ])erformance  of  th«^ 
sacra  therewith  connected,  and  that  one-half  of 
these  decemviri  should  be  plebeians  (Liv.  vi.  42). 
This  paved  the  way  for  the  admission  of  the 
plebeians  to  the  consulship:  and  in  the  next 
year  (b.c.  365)  the  three  original  rogations  were 
at  last  carried  together  in  the  form  oi  s  tex 
Satura  (Liv.  vii.  39  ;  Dio  Cass.  Frtigm.  33),  and 
L.  Sextius  was  elected  consul,  being  the  first 
plebeian  who  i^ttained  that  dignity.  The  patri- 
cians were  in  some  degree  compensate!  by  re- 
taining  the  monopoly  of  the  praetorship  {iuhawiy. 
but  the  incorrectness  of  Livy  in  representing 
them  also  as  solely  eligible  to  the  curule  aedile- 
ship,  established  about  this  time,  has  been  i^hown 
by  Niebuhr,  iii.  39-49. 

The  penalty  fixed  for  an  infraction  of  th*' 
Lex  Licinia  de  modo  agrorum  was  an  arbitrnry 
fine  sued  for  before  the  populus  by  the  plcl^i-''" 
aediles.  Curiously  enough,  Licinius  Stolo  him- 
self was  (B.C.  357)  the  first  person  against  whom 
the  statute  was  put  in  force  (Val.  Max.  viii.  6, 3). 
Livy  (vii.  16)  says  that  togf?ther  with  his  son  hf 
held  a  thousand  jugera  of  ager^  and  by  emanci- 
pating his  son  fraudulently  evaded  the  pravi«oD'« 
of  his  own  law :  which  apparently  means  that 
he  emanci|Mited  the  son  in  order  that  the  latter 


LEGES  LICINIAE 

iriebifct  500  jitgera  Dominallj  for  himself,  but 

« hich  wooJd  practically  be  at  his  father's  dis- 

>-ai :  at  any  rate,  he  was  fined  10,000  asses. 

r  rcis  tJus  story  (which  is  also  told  by  Columella, 

I  3f  md  Pliny,  U,  N.  xriiL  §  17)  it  is  clear  that 

tjr  plebeiaos  had  now  acquired  the  right  of 

t  ning  (potndere)  the  ager  pubUcuSy  probably 

Ti-virr  the  Lex  Licinia  itself;  and  it  would  seem 

:  jt  the  estates  which  the  patricians  had  to 

-unvoder  as  being  against  the  statute  came  for 

tri'-  most  part  into  the  possession  of  plebeians. 

.\  .«-&uhr  (iZAn.  OescUdUe,  iii.  19)  attributes  to  the 

.'It  genuinely  agrarian  character,  and  believes 

thAt  there  was  a  regular  distribution  of  land 

air.oBf  them;   bat  Uie  passages  on  which  he 

rrliM  (espeoally  Varro,  de  Re  Rust,  i.  2,  and 

C  iumella,  loc  cmL)  hardly  bear  out  his  view, 

vQich  is  directly  contradicted  by  Appian  {BelL 

C>.  i.  8).    The  history  of  the  later  agrarian 

."i^'S.itUHi,  however,  makn  it  clear  that  in  some 

VAT  or  other  the  Lex  Liduia  de  modo  agrorum 

(t  It  related  at  all  to  the  poesessiones  of  ager 

;«6ocai^  which  Pudita  denies)  was  persistently 

r.'aded. 

(Bssidei  the  works  of  Niebuhr,  Puchta, 
ruMhke,  and  Rudoxff,  already  referred  to,  cf. 
li'ttliog,  Qeeekickie  der  rBm.  Staataverfeusung, 
•  •  ;i34 ;  the  Qasaical  ifuMMin,  Xos.  t.  ti.  and 
vjL ;  sad  Agkabiab  Leobb). 

Lld'NIAy  of  uncertain  date,  containing  pro- 
t  ..Mi«s  similar  to  those  of  the  second  Lex  Aebutia 
nttktd  above,  in  connexion  with  which  it  is 
loQtioned  by  Cicero  (m  £ulL  ii.  8,  21 ;  ct  pro 
:  '.*%  20,  51). 

LI'CINIA   DS    CBEANDI8    TKIUliVIRIS    EPU- 

!  oiiBUi,  Bia  197  (Liv.  xxxiii.  42 ;  cf.  Cic.  de 
'  4.  iii.  19, 73). 

U'CIKIA0B  liUDISAFOLLniARIBUS,  B.a  209 
'Ur.  xxviL  23> 
LrClNIA  DS  SACEBOonis,  B.a  146  (Cic. 
AoL  25,  96). 

LrclNLA  DB  soDALrrns,  B.a  56  (Cic.  pro 

lioac  15,  36;  cuf  Fbol  8^2,  1 :  sec  Wunder's 

•'  ilegonena,  cited  in  full  iy  Qrelli,  Cieeronis 

.TO,  rol.  viii.  pp.  200,  201 ;  And  AllBmrs). 

U'CIKLA     JU'NIA,.     sometimes      called 

•U'NIA  UGINIA,  passed  B.C.  62  by  the  consuls 

i-  Licioius  Ifareiia  and  Junius  Silainus,  perhaps 

'  enforce  more  strictly  the  provisions  of  the  Lex 

'Vdlia  Didia,  in   connexion  with  which  it  is 

"sirtiaies  mentioQed  (Cic  FMl,  v.  3,  8.;  ad  Att. 

i.i?.l;  iv.  16,5;  t»  Vatin.  14,  23;  pro  SestiOy 

';4.  135).    But  it  also  seems  to  have  enacted 

'^'St  t  copy  of  every  proposed  statute  should  be 

'^HMitcd   before    witnesses   in    the  Aerarium 

^N-kl.  Bob.  p.  310;  Mommsen,' i2om.  Staate^ 

'^.  il.  pp.  532,  533> 

UCIUIA  MU'CLA  DE  cnriBUS  beoundis 

(!R»bsbIy  BBDiQCNDU),  passed  B.C.  95  by  the 

''t«b  L  Lidnins  Crassus  the  orator,  and    Q. 

^actos  Scaevola,  Pontifex  Maximus;   ordained 

^  ^trirt  «2anrination  into  the  title  to  citizenship, 

'^  rssQT  aoM^ves  had  contrived  to  get  them- 

^Ir.^  put  on  the  census,  and  ordered  back  to 

^^ir  own  cnitate$  all  who  could  not  make  out  a 

'"i  title.     This    measure  partly  led  to  the 

^Tir  war,  and  is  dted  bv  Cicero  su  an  instance 

■  -v  fTca  the  wisest  men  sometimes  pass  bad 

»**  (CSc  de  Off,  iii.  11,  47 ;  Brut  16,  63 ;  pro 

i^21,  24;  pn>  Seetio,  13,  30:    Ascon.   m 

C»««U.67)l 

UmOA  BUMFTUA'RIA  (Gell.  u.  24,  7- 


LEX  MAMILIA 


47 


10;  Hacrob.  &ttum.  ii.  13;  Festus,  s.  r.  Cente- 
naria).    [Sxtmftuariae  Leges.] 

LI'VIAE.  Various  enactments  carried  by 
H.  Livius  Drusus  the  younger,  when  tribunus 
plebis  B.C.  91,  for  establishing  colonies  in  Italy 
and  Sicily  (Appian,  Bell,  Civ.  i.  35),  distributing 
com  among  the  poorer  citizens  at  a  low  rate 
(Liv.  EpU,  71),  and  admitting  the  foederatae 
4^oitaies  to  the  Roman  citizenship  (16.  Appian, 
loc,  city  He  was  also  the  author  of  a  lex  judi" 
ciariay  dividing  the  judicia  equally  between  the 
senate  and  the  Equites  (Veil.  Pat.  ii.  13 ;  Liv. 
£pit  70;  Cic.  pro  CluenHoy  56,  153),  and  insti- 
tuting a  penal  procedure  against  judges  who 
allowed  themselves  to  be  bribed  (Cic  loc.  cit. ; 
Appian,  BelL  Civ.  i.  35) ;  and  he  is  said  by  Pliny 
(fi.  JV.  xxxiii.  §  46)  to  have  proposed  a  measure 
for  adulterating  silver  by  mixing  with  it  an  eighth 
psrt  of  brass.  Drusus  was  assassinated,  and  the 
senate  declared  his  laws  not  binding,  either  be- 
cause they  had  been  carried  ^  contra  auspicia  " 
(Ascon.  m  Comek  p..  68),  or  because  they  were 
in  violation  of  the  Lex  Caedlia  Didia  (Cic.  pro 
Domoy  16,  41).  Cf.  Cic  de  Leg.  il  6,  12; 
Florus,  iii.  17 ;  Plut.  C.  QracchuSy  9  ff. 

LUTATIA  DE  VI  [Vis].  The  supposed  exist- 
ence of  such  a  lex  (based  on  Cicero,  pro  CaeiWy 
29,  70)  is  now  much  discredited  ;  but  see  Rein, 
Criminalrechty  p.  742. 

MAE'NLA,  probably  passed  by  Maenius,  tri* 
buuus  plebis,  B.C.  287.  It  is  mentioned  only  by 
Cicero  {Brut.  14,  55),  who  says  that  «  M.  Curius 
Dentatus  compelled  the  Patres  ante  auctores 
fieri  J  in  the  case  of  the  election  of  a  plebeian 
consul,  which  was  a  great  thing  to  accomplish, 
as  the  Lex  Maenia  had  not  yet  been  passed." 
The  statute  seems  to  have  enacted  that  the 
senatorial  auctoritas  to  the  Comitin  Curiata  (by 
a  vote  of  which  the  magistrates  acquired  thdr 
imperium)  should  be  given  before  instead  of 
after  the  assembly  of  the  centuries  in  which 
the  magistrates  were  elected  (cf.  Liv.  i.  17 ;  Cic. 
pro  PlanciOy  3,  8 ;  Lidnins  Macer  in  Sallust. 
Frag.  iii.  p.  972,  ed.  Cort ;  Puchta,  InstitiUhmeHy 
§  59,  notes  1  and  n ;  Walter,  Qeschichte  dee  rom. 
RechtSy  §  66 ;  and  AucrroRnAs). 

MAE'NIA  DE  DOTE,  B.a  186 :  see  Voigt's 
treatise  on  the  subject,  Weimar,  1866,  and 
Puchta,  Institutioneny  §  74,  note  k,  and  §  292, 
note  b. 

DE  MAGISTBIS  AQUA'RUM  (Haubold, 
Spangenberg,  Mon.  Leg.  p.  177). 

MAMIXIA  DE  COLONUS.  It  was  supposed 
that  Rudorff  had  proved  {Zeiischrift,  ix.  12) 
that  the  Lex  Mamilia,  Roscia,  Peducaea,  Alliena, 
Fabia,  is  the  same  as  the  **  Lex  agraria  quam 
Gains  Caesar  tulit  "  (Dig.  47,  21,  3),  and  that 
this  Gains  Caesar  is  the  Em})eror  Caligula.  But 
Mommsen  (JSckriftcn  der  rom.  Feldmesser^  ii. 
p.  223)  believes  that  the  so-called  Lex  Mamilia 
related  to  the  appointment  of  C.  Julias  Caesar's 
agrarian  commission :  and  this  seems  to  be  con- 
firmed by  the  discovery  of  the  Lex  Coloniae 
Genet  ivae. 

MAMPLIA     DE      JUGURTHAE     FAUTORIBU8 

established  a  special  tribunal  of  three  guaesitores 
to  investigate  cases  of  bribery  among  Romans 
by  Jugurtha  (Sallust,  Jufurthay  40,  65 ;  Cic 
Brut.  33,  34:  cf.  Mommsen,  Rom.  Siaatsrechty 
vol.  ii.  pp.  646,  647). 

MAMFLIA   FINIUM  REOPlfDORlTM  (B.C.  110, 

Emesti;  b.C>  165,  Pighius)- re-enacted  the  pro- 


I. 


48 


LEX  MANTTJA 


<r 


vision  of  the  Twelve  Tables,  that  a  space  of 
5  ft.  alo^g  the  boundaries  of  landed  estates  (ex- 
tending 2|  ft.  into  each)  should  be  excluded 
from  nsucapio,  and  ordained  a  new  procedure  in 
cases  of  dispute  (Cic.  de  Leg.  i.  21,  55  ;  Rudurff*, 
''  Granzscheidungsklage/'  ZeiUchrift,  x.  pp.  355- 
363). 

MANFLIA,  proposed  by  the  tribune  C.  Mani- 
]iu8  D.C.  66,  and  conferring  on  Cu.  Pompeius 
the  command  in  the  war  against  Mithridates. 
It  was  supported  by  Cicero  when  praetor  in  his 
speech  pro  lege  Manilia  (cf.  Yell.  Pat.  ii.  33,  1  ; 
LiT.  Epit.  100;  Dio  Cass,  xxxvi.  25;  Appian, 
BeU,  Mithrid,  97). 

^ANI'LIA    DE     LIBERTINORUU   8UFFRAOII8 

(Dio  Cass.  xxxYi.  25 ;  Ascon.  in  Com.  pp.  64, 
65):  perhaps  the  same  as  the  Lex  Manilia  de 
suffragiorum  confusione  (Cic.  pro  Afur,  23,  47), 
which  seems  to  have  enacted  that  the  libertini 
should  vote  in  all  and  not  only  in  the  four  urban 
tribes. 

MANILIA'NAE  (Cic  de  Orat  i.  58,  246). 
These  were  not  statutes  at  all,  but  forms  which 
it  was  prudent  for  parties  to  observe  in  contracts 
of  sale,  whence  they  are  called  actianes  by  Varro, 
de  Re  Sust.  ii.  5,  11.  They  seem  to  have  been 
invented  by  a  jurist  called  M'.  Manilius,  who  was 
consul  B.C.  149. 

MA'NLIA,  a  name  wrongly  given  to  the 
Lex  Licinia  de  creandis  triumviris  epulonibus, 
because  P.  Manlius  was  one  of  the  first  triumviri 
appointed  under  its  provisions  (Liv.  xxxiii.  42). 

MA'NLLA    DE    LIBERTINOBUM    SUFFRAOIIS, 

B.C.  58,  probably  identical  with  the  Lex  Manilia 
of  the  same  title  (Ascon.  in  MS.  p.  46). 

MA'NLLA  DE  VICE8IMA  MANUMI8SOR17M,  B.C. 
357,  imposed  a  tax  of  one-fifth  on  the  value  of  all 
manumitted  slaves  (Liv.  vii.  16 ;  cf.  xxvii.  10). 
{MANT7MI88IO.] 

IMA'RCIA,  ctrc.  352  B.C.,  prescribed  the 
procedure  per  mania  injectionem  against  fenero' 
tores  for  recovering  from  them  four  times  any 
sum  which  they  had  taken  by  way  of  illegal 
interest  (Gains,  iv.  23  ;  Liv.  vii.  21). 

MA'RCIA  AGRA'RLA,  proposed  by  L. 
Marcius  Philippus,  tribunus  plebis,  B.C.  104 
<Cic.  de  Off.  ii.  21,  73). 

MA'BCLA  DE  LIOURIBUB,  B.C.  172  (liv.  xlii. 
22). 

MA'RIA,  proposed  by  C.  Marius,  when  tribune 
B.C.  119,  for  narrowing  the  pontes  at  elections 
(Cic.  de  Legg,  iii.  17,  38 ;  Plut.  Marius^  4). 

ME'MMIA  or  RE'MIUA.    [Caluhnia.] 

BIENE'NLA  seems  to  have  in  some  way 
limited  the  magistrate's  power  of  inflicting 
arbitrarv  fines  :  see  Ateksia  Tabpeia. 

ME'NSIA  or  MINI'GIA  enacted  that  the 
children  of  parents,  either  of  whom  was  a 
peregrinus,  should  be  peregrini  themselves :  and 
thus  (where  a  civis  Romana  married  tiperegrinus) 
introduoed  an  exception  to  the  rule  that  where 
there  was  no  conubium  between  man  and  wife 
the  issue  should  follow  the  condition  of  the 
mother  ((Jlpian,  Reg,  v.  8). 

ME'SSIA  DE  Cn.  PoMPEn  impebio  (Cic.  ad 
Ait.  iv.  1,  7). 

ME'SSIA  de  revocakdo  Cicebone  (Cic. 
post  Red.  in  Sen,  8,  21). 

METrLLVB.c.  217  (Liv.  xxii.  25  sq, ;  Plut. 
Fabiiu,  9). 

MINI'GLA  (Gains,  i.  78,  Studemund  ad  ioc,) : 
see  Mexsxa. 


LEX  PAPIBLA  PLAUTIA 

MINU'OLA.  de  TRIUMVIRXB  MSNBARnS,  s.c. 
46  (Liv.  xxiii.  21). 

MU'CIA,  a  plebiscitum  of  141  B.a  :  resulted 
in  the  exile  of  L  Uostilius  Tubulo  (Cic.  de  Ftn. 
ii.  16,  54). 

NEBYAE  AGBA'BLA,  the  latest  known 
instance  of  a  lex  passed  at  the  Comitia  (Dig.  47, 
21,  3,  1). 

OCTA'VIA,  probably  B.C.  87  (Cic.  de  Of.  iL 
21, 72 ;  Brut,  6'2, 222).   [Fbumentariae  Limes.] 

OGU'LNIA,  proposed  by  two  Oguloii,  wh» 
were  tribunes  B.C.  300  :  it  increased  the  number 
of  the  Pontifices  and  Augurs  from  four  each  to 
eight  and  nine  respectively,  and  enacted  th^t 
four  of  the  former  and  five  of  the  latter  shoali 
be  taken  from  the  plebs  (Liv.  x.  6-8). 

OP'PIA,  B.C.  215  (Liv.  xxxiv.  1,  8  ;  Val.  Mai. 
ix.  1,  3).  It  was  repealed  twenty  years  after  iu 
enactment.    [Sumftuariae  Leqes.] 

CBCHLA,  B.C.  171  (Macrob.  Saturn,  ii.  13). 
[Sumftuariae  Leges.] 

OVl'NIA,  enacted  probably  circ.  B.C.  312: 
apparently  assigned  to  the  censors  the  functioQ 
of  selecting  the  senate,  but  required  them  to 
choose  the  persons  best  qualified  without  dis- 
tinction between  patricians  and  plebeians  (Festu^ 
p.  246).  Perhaps  the  strict  meaning  of  Festas' 
text  is  that  on  coming  into  office  they  revised 
the  list  of  the  senate,  those  whose  names  wer« 
passed  over  ipso  facto  losing  their  seats  (Hoff- 
mann, RSm.  Senat,  pp.  3-18). 

The  nature  of  the  Lex  Ovinia  mentioned  Ir 
Gains  (iv.  109)  is  unknown. 

PATIA  de  pereorinis.    [Junia  de  PerI' 

GRIKISj 

PATIA.  DE  VJ::STAUUM  LECnONE  (Gell.  i. 
12). 

PATIA  POPPAE  A.  rJuLiAE.] 
'  PAPl'BIA  or  JU'LLA  PAPPBIA  de  ifi> 
TARUX  aestixatione,  B.C.  430,  substitntfd 
money  fines  for  those  of  cattle  and  sheep  fix^ 
by  the  Lex  Aternia  Tai^jeia,  a  sheep  being  valud 
at  ten,  a  bullock  at  a  hundred  asses  (Liv.  iv^.  ^^l 
Cic.  de  Rep.  ii.  35).  Gellius  (xi.  1)  and  Fe»ta> 
are  wrong  in  making  this  change  a  part  of  the 
Lex  Aternia  Tarpeia  itself. 

PAPl'BIA,  89  B.C.,  fixed  the  value  of  the  at 
at  half  an  ounce :  one  of  the  numerous  enactments 
which  tampered  with  the  coinage  (Plin.  R.  ^' 
xxxiii.  §  46). 

PAPl'BIA  DE  Acerrakorux  CIVITATE,  B.C. 
332,  proposed  by  L.  Papirius  when  praetor,  snJ 
giving  the  civitas  sine  suffragio  to  tne  people  oi 
Acerrae  (Liv.  viii.  17 ;  cf.  Veil.  Pat.  i.  14, 4). 

PAPl'BIA  DE  COKSECRATIONE  AEDnJM,  ci>X. 

303  B.C.,  enacted  that  no  land,  temple,  or  altar 
should  be  consecrated  without  a  plebiscitam 
(Cic.  pro  Dam.  49,  50;  Liv.  ix.  46). 

PAPl'BIA  DE  SACRAMENTO,  a  plebiscitniD  of 
L  Papirius,  providing  that  the  tres  viri  capitale* 
should  be  elected  by  the  people,  and  should  exact 
from  unsuccessful  litigants  the  stake  (socrti- 
menttan)  which  they  lost  in  the  iegis  actio  of  that 
name,  and  which  was  forfeited  to  the  aerarium 
(Festus,  s.  V,  Sacramento :  cf.  Mommsen,  J?^'"' 
Staatsrecht,  ii.  pp.  580,  585).  Puchte  (Insti- 
tidionenf  §  161,  note  g)  conjectures  that  the 
statute  also  put  an  end  to  the  actual  deposit  ot 
the  stake  in  sacro^  and  substituted  the  ^viog  o^ 
security  (praedes)  for  its  payment. 

PAPl'BIA  PLAUTIA,  b.c.  89,  enacted  that 
all  cives  and  inootae  of  foederatae  civitateSf  whu 


I£X  PAPIRIA  POETELIA 

ml  tbedtteoTtiieitatatc  were  domiciled  in  Italjr, 
&boQid  be  tUe  to  obtain  the  Roman  civitas  by 
^Tiii^ii  tlKir  names  to  the  praetor  nrbanus  at 
KocM  vitbin  lixty  dajs  (Cic.  pro  Archia^  4,  7  ; 
<xJ  Fau  ziii.  30).  (ClVlTAS;  FOEDERATAE 
CrnriTtt] 

PlPim  POBTE'LIA-    [POETEUA  Pa- 

PISIA] 

PAHTtlA    TABELLA'BIA.    /Tc.    132. 

fTABELLiBUE  LeGES.] 

PEDIiU  B.a  44,  interdicted  from  fire  and 
vat«r  all  who  had  taken  part  in  the  mnrder  of 
Jnlins  Caesar  (VelL  Pat.  ii.  69,  5). 

PEDUCAS'A,  a  pririlegium  of  B.C.  114^ 
rt^latia;  to  incest  committed  by  certain  Vestid 
Virgins  (Cic.  de  Nat  Deor.  iii.  30,  74 ;  Ascon. 
m  MihiL  p.  46). 

P£BULA'NIA  seems  to  have  extended  to  dogs 
the  role  of  the  Twelve  Tables  {tngt.  iv.  9,  pr. ; 
liirksen,  DOersicht,  &c  p.  532),  that  if  damage 
w»re  done  by  an  animal  the  owner  must  either 
>TirreBder  it  or  pay  compensation  (Paul.  Sent, 
r*.  i.  15, 1). 

PETTLLIA  DE  PECUNIA  REGIS  Antioghi, 
no.  186(LiT.  xziTiii.  54;  cf.  xxxiz.  6). 

PETRB'IA.  A  lex  of  this  name  (de 
'kcimatioiu  mSitmn)  applying  in  cases  of  mutiny 
is  meatioocd  in  the  old  editions  of  Appian  (de 
If^U.  Cit,  iL  47X  but  the  true  reading  is  irarpltf 

PETBCXKIA  forbade  masters  to  make  their 
lUres  fight  with  wild  beasts,  unless  they  had 
<.oaiffiittcd  some  serious  oflfence,  and  the  magis- 
trate had  assented  to  their  being  so  treated  (Dig. 
4^,  8, 11,  2;  Gcll.  r.  14);  it  was  followed  by  a 
'^tunber  of  aenatusconsnlta  to  the  same  purpose. 
ViKk\A  (InstitvUum^^  107)  is  of  opinion  that  it 
rrrrHed  for  the  appointment  of  special  magis- 
trates in  the  towns  to  deal  with  the  matter ;  but 
t-.«  inacfiptions  on  which  he  relies  (cited  in 
MaitiDaidt,  BSm.  Staattverwdtung^  i.  p.  494) 
•eem  to  relate  to  a  different  Lex  Petronia  (de 
|racf«ctis).  Whether  there  were  two  leges  or 
^'jt,  the  first  mention  of  legislation  by  this  name 
<  .ocrs  in  the  fasti  of  Vennsia,  B.C.  32. 

PINA'RIA  (Gains,  iv.  15).  Its  effect  is 
^rely  matter  of  conjecture.  '  According  to 
>(BJenia]id  and  Walter,  a  single  judge  was 
'  rij^iaally  appointed  at  the  close  of  the  formal 
:r»c«e  lings  before  the  praetor,  to  try  tacramenta : 
ud  this  waa  altered  by  the  statute,  which  pre- 
*.nbed  an  interval  of  thirty  days  between  the 
;<«uecdiBgs  before  the  praetor  and  the  appoint- 
^it  of  the  judex.  Keller  supposes  that  its 
«^  was  net  to  create  a  necessary  interval  of 
ticrtT  or  any  other  number  of  days  at  all,  but 
V  tnasfitr  the  hearing  of  9acrametUa  from  the 
ticding  collegia  of  judges  (decemviri  and  cen- 
tasiTiri)  to  a  single  judex.  Bethmaon-Hollweg 
<'*.(i2  Process,  L  p.  65)  holds  that  it  required 
i  ti  actions  of  debt  for  less  sums  than  1000  asses 
Vk  b«  tried  before  a  single  judge. 
PlNA'BiA  ABTMALU.  [ANVALE8  LeGES.] 
PINA'BIA  DE  IKTEBGALANDO,  B.a  472 
(^mv  in  Macrob.  L  13). 

PLAETCKBIA  or  LAETCTBIA  (Cic.  de  Off. 

i  ^5, 61 ;  cfa  Nat.  Deor.  iii.  30, 74).  [CURATOR.] 

PLABTO^IA   allowed  the  praetor  to  fix 

o^T  time  h^  pleased  for  the  termination  of  legal 

fn<fetdiags,  the  Twelve  Tables  hav^ig  enacted 

•U  they  should  not  close  till  sttf set  (Varro, 

^  L  ri.  5;  Censorin.  de  Die  Nat,  Z4>. 

/ 


LEX  POMPEIA 


49 


PLAU'TIA  or  PLO'TIA  AGBA'BIA,  b.c. 
98  or  89  (Cic.  ad  Att.  i.  18,  6). 

PLAU'TIA  or  PLOTIA  de  reditct  Lepi- 
DANORUM  (Sueton.  (hesar,  5 ;  Gell.  xiii.  3). 

PLAU'TIA  or  PLO'TIA  de  vi  (Ascon.  in 
MUon.  35 ;  Cic.  ad  Att.  ii.  24 ;  de  Harusp.  Besp. 
8;  Sttllust.  Oi/.  31:  see  C.  G.  Wiichter's  paper 
on  the  subject  in  the  Neuee  Archio  dee  Criminal' 
rechtSy  xiii.  p.  8  sq.,  cited  at  length  in  Orelli's 
(}iixro,  vol.  viii.  pp.  233-243,  and  Vis). 

PLAU'TIA  or  PLO'TIA  JUDICIA'BIA, 
B.C.  89,  enacted  that  fifteen  persons  should  be 
selected  annually  from  each  tribe,  without 
reference  to  their  rank,  to  act  as  judges  in 
criminal  trials.  It  was  repealed  by  the  Lex 
Cornelia  judiciaria  of  Sulla  (Cic.  pro  Oomel. 
fraem.  27 ;  Ascon.  in  Cornel,  p.  79). 

PLAU'TIA  PAPI'RIA.     [Papiria  Plau- 

TIA.] 

POETE'LIA,  a  plebiscitum  of  B.G.  358 :  tho 
first  law  against  amibitua  (Liv.  vii.  15). 

POETE'LIA  PAPI'BLA,  the  name  usually 
given  to  a  lex,  supposed  to  have  been  passed  B.C. 
326,  for  the  relief  of  the  nexi  (Liv.  viii.  28; 
Cic.  de  Republ.  ii.  34, 59 ;  Varro,  X.  L.  vii.  105). 
[Nexum.] 

POMPE'IA,  B.C.  89,  passed  by  Cn.  Pompeiu* 
Strabo,  father  of  the  great  Pompeius,  when  con- 
sul: it  conferred  Latin  rights  [Latinztas]  on 
the  Transpadani,  and  probably  the  civitas  on  the 
Cispadani  (Strabo,  v.  p.  2 1 3 ;  Savigny,  Zeitschrift, 
ix.  308-326). 

POMPE'IA  DE  AMBITU  (Dio  Cass.  xl.  52; 
Ascon.  in  Mil.  p.  37).    [AMBITUS.] 

POMPE'IA  DE  ixPERio  Caesari  pboro- 
OAMDO,  B.C.  55  (Veil.  Pat.  ii.  46,  2;  Appian, 
Bell.  Civ,  ii.  18 ;  Cic.  Phil.  ii.  10,  24). 

POMPE'IA  DE  JURE  MAQiSTRATUUif  (Sueton. 
Caesar,  28 ;  Cic.  ad  Att.  viii.  3, 3,  cf.  Phil.  ii.  10, 
24;  Dio  Cass.  xl.  56)  forbade  candidature  for 
public  ofiices  by  persons  who  were  not  at  Rome : 
but  C.  Julius  Caesar  was  excepted  from  its  opera- 
tion. This  was  doubtless  the  old  law,  but  it 
appears  to  have  become  obsolete. 

POMPE'IA  DE  PARRICIDII8,  B.C.  52.  It  is 
difficult  to  come  to  any  definite  conclusion  as  to 
the  precise  meaning  olparricida  and  parricidium 
in  early  Roman  history  and  literature.  From  a 
quotation  which  Cicero  makes  from  some  old 
source  ("  sacrum  sacrove  commendatum  qui  cle- 
perit  rapsitque  parricida  esto,**  de  Leg.  ii.  9,  22), 
the  offence  seems  at  one  time  not  to  have  been 
confined  to  killing;  and  even  when  it  had 
acquired  this  narrower  signification,  it  appa^ 
rently  denoted  the  taking  of  the  life  of  any  free 
person  ('*  si  quis  hominem  liberum  dolo  sciens 
morti  duit  parricida  esto,"  law  of  Numa  Pompi- 
lius  in  Festuii,  s.  v.  Parici  Qnaestores :  cf.  Rein, 
Criminalrecht,  pp.  401,  449).  The  Romans 
themselves  seem  to  have  had  great  doubts  about 
the  etymology  of  the  word :  ovcrr^AAorrcr  riip 
vpAriiv  <ry\Kafi^  jcol  fipax*^  voiovrrcr,  robs 
yov4as  (pftrentes),  ktr^lvovres  Si,  roibs  iiniK6ovs 
(pArente<i>  tniiudyovinw  (Johannes  Lydus,  de 
;)'..,  '  '  •.  i.  26).  "  Parricida,  quod  vel  a  pari 
<.  '  '\r,  vel  a  patre :  quibnsdam  a  parente 

\ .  •  '  .  se  "  (Prise.  Gram,  i. :  cf.  Cic.  pro  Cl^i- 
€.  ,  \2 ;  liv.  xl.  24 ;  Quinctil.  Inet.  viii.  6, 
3.  by  the  time  of  Cicero  parricidium 

sv  '">>  .  >  have  acquired  the  specific  sense  of 
k..  '  t  ir  relatives:  the  application  of  it  to 
C  ^*  •  •■    'iid  to  the  murderers  of  Caesar  (Sueton. 

E 


50 


LEXFOMPEIA 


LEX  PUBLILIA 


Jul.  88)  may  perhaps  be  regarded  merely  as 
an  oratorical  snrviTal  oi  older  usage.      There 
seems  to  be  no  doabt  that  the  Lex  Cornelia  de 
sicariis  et  veneficM  contained  prorisions  as  to 
the  killing  of  near  relations  (Dig.  48, 9, 1 ;  Inst. 
W.  18,  6  (uf  fin,y,  the  Lex  Pompeia  de  parri- 
cidiis,  some  thirty  .years  later,  apparently  re- 
enacted  these,  and  defined  the  crime  of  parry' 
ddmm  as  the  deliberate  and  wrongful  slaying  of 
ascendants,  husbands,  wires,  consobrinif  brothers 
and  sisters,  uncles  and  aunts,  stepfathers  and 
mothers,  fathers  and  mothers  in  law,  patrons 
and  descendants :  but  the  killing  of  a  child  by 
its  father  was  excepted  (Dig.  48, 9, 1).    Hadrian 
sentenced  a  man  who  killed  his  son  to  deportatio 
(Dig.  ib.  5) ;  but  it  was  not  parricidium  to  kill 
one's  own  children  till  the  age  of  Gonstantine, 
who  prescribed  for  it  the  punishment  of  the 
sack  described  below  (Cod.  ix.  17  ;  IruL  loc.  cit.). 
For  most  cases  of  parricidium  no  change  was 
made  in  the  penalties  of  the  Lex  Cornelia  (death, 
banishment,  and  forfeiture)  by  the  statute  of 
Pompeios;    but  for  the  murder  of  a  father, 
mother,  grandfather  or  grandmother,  the  old 
pnnUhment  of  the  cuUeus  was  ordained  (Dig.  48, 
9,  9,  1 ;  Paul.  Sent,  rec.  t.  24).    This  consisted 
in  the  guilty  person  being  first  whipped  till  he 
bled,  sewn  up  in  a  sick  with  a  dog,  a  cock,  a 
riper,  and  an  ape,  and  thrown  into  the  sea  or 
a  riTer :  if  there  was  no  water  near,  Hadrian 
sanctioned  his    being  torn  in  pieces  by  wild 
beasts  (Dig.  48,  9,  9,  pr.),  and  in  Paulus'  time 
he  seems  sometimes  to  have  been  burnt.    The 
antiquity  of   this  punishment  is  attested  by 
Valerius  Ifaximus,   who  records  that  it  was 
inflicted  on  M.  Tullius  by  Tarquinius  when  king 
(i.  1, 13:  cf.  ^'more  majoruro,"  Dig.  48,  9,  9,  pr. 
and  1 ;  and  Cic  pro  Rose.  Am.  25,  70,  ad  Quint. 
Frair.  L  2 ;  Juv.  Sat.  iii.  8,  212  sq.).    The  selec- 
tion of  animals  was  supposed  to  be  symbolical : 
f»MTk  &o'€/3c»y  d&wr  iur^fiiis  Ai^pwros  (Dosith.  iii. 
.16):  rjk  8^  vpo§ifnifjJpa  Blipta  ifi$^\erat  itk 
ravTOj  iw€i^  dftoiSTpowa  airr^   4arl  *  t&  /Uf 
yitp  Ayoipci  roi^t  yotwSy  r&  84  vpbs  airroifS  avK 
itTdxtrat   ftdxi'  (Theophilus).    Accessories  to 
the  crime  were  punished  as  sererely  as  princi- 
pals under  the  Lex  Cornelia  (Cod.  9,  16,  7). 

POMPE'lA  DE  Yi,  a  priTilegium  relating  to 
the  trial  of  Milo  by  a  quaestio  extraordinaria 
for  killing  Clodius,  though  there  was  a  perma- 
nent commission  for  trying  ojSTences  of  this  class 
(Cic  Phil.  ii.  9, 22):  it  also  seems  to  have  contained 
some  general  proyisions  as  to  the  procedure  and 
penalty  in  cases  of  violence  (Ascon. ;  and  SchoL 
Bob.  pro  Milone :  cf.  Wachter's  note,  cited  by 
Orelli,  CScsro,  vol.  riii.  pp.  247-250,  and  Walter, 
Qeachichte  des  r6nL  Rechta^  §  834,  note  7). 

POliPE'IA  FRUMEMTARIA  (Dio  Cass.  xxxix. 
24). 

POMPE'lA  JUDICIARIA  (Cic.  PhU.  i.  8,  20 ; 
in  Piaon.  39,  73;  Ascon.  in  Piaon.  p.  16;  SaU. 
de  Sep.  Ord.  ii.  3)u    [Judex.] 

POUPE'IA  TBiBUNiciA,  B.C.  70,  restored  the 
old  <n6iifitcia  potestaa  which  Sulla  had  almost 
destroyed  (Sueton.  Jul.  5;  Veil.  Pat.  ii.  30; 
Cic.  de  Leg.  iii.  9,  11 ;  Lir.  £pU.  97).  (Tri- 
Binn.] 

P(yB(?IA,  probably  B.C.  197,  appears  to  have 
enacted  that  a  Roman  citiaen  might  save  him- 
self from  the  punishment  of  death  or  flogging 
by  withdrawing  into  exile  (Sail.  Cat.  51 ;  Cic. 
pro  StAiHo,  8,  4 ;.  tfi  Ffrr..v.  63, 163 ;  Liv.  z.  9 ;  | 


Gell.  z.  3, 13).  Cieero  (deRep.  ii.  31, 54)  allod< 
to  three  leges  Porciae  on  this  or  similar  matter 
but  nothing  more  is  known  about  them. 

PO'RGIA     DE    PBOVINCIALIBUS    SUMFTlbll 

apparently,  due  to  H.  Portius  Cato,  praetor  n.^ 
298,  and  perhaps  referred  tu  in  Liy.  xxxii.  "21 
it  is  mentioned  in  the  Plebisdtum  de  Tenncs: 
ensibus  (Lex  Antonia),  which  enacts  '*nei  qu 
magistratus  prove  magistratu  legatns  neu  qu 
alius  neive  imperato  quo  quid  niagia  iei  dtc 
praebeant  ab  ieiive  aoferatur  nisei  quod  eos  e 
lege  Portia  dare  praebere  oportet  oportebit 
(Haubold,  Mon.  legal,  p.  137). 

PRAEDLATO'BIA,  the  reading  in  »m 
editions  of  Gains  (iv.  28);  but  the  true  readiD^ 
according  to  Studemund,  is  l^e  oenaoria. 

PUBLrCIA  permitted  betting  at  certii 
gaiiMs  which  required  strength,  such  as  runnin 
and  leaping  (Dig.  11,  5,  ^  1  and  3>  [Coi 
NELiA.;  TrriA.] 

PUBLI'LLA,  proposed  by  Publilius  Voir n 
tribunus  plebis,  and  carried  after  much  opjK 
sition  B.C.  471.  It  provided  ^'nt  plebeii  inagi< 
tratus  (tribunes  and  plebeian  aediles)  tribati 
comitiis  fierent "  (Liv.  ii.  56) ;  but  this  ap^n 
rently  should  not  be  taken  to  mean  that  th^ 
magistrates  had  previously  been  elected  in  th 
Comitia  Centuriata  (as  is  held  by  MomnK^iQ 
Rdm,  7H^»,  p.  83;  Becker-Marqnardt,  ii.  i 
253-260,  &c.) :  the  choice  had  practically  \y^\ 
made  by  the  plebs,  but  in  a  len  organic' 
fashion  than  became  the  rule  after  it  hsd  b; 
this  statute  been  definitely  assigned  to  tr< 
Comitia  in  which  the  plebeians  had  the  prcpu& 
derance  (Schwegler,  xxri.  7:  cf.  Walter,  ^/> 
Kkichte  des  rUm.  Rechts,  §  44 ;  for  another  viow 
see  Mommsen,  Rdm.  GescMchtef  it  2).  **  Fn^ti 
this  time  onward,"  says  Dionysius  (iz.  49),  ^  n] 
to  my  own  day,  the  election  of  tribunes  aoj 
aediles  was  made  without  birds  (augural  ctr-^ 
monies)  and  all  the  rest  of  the  religions  fons5  ii 
the  Comitia  Tributa."  By  the  same  enactnitrq 
the  number  of  the.tcihimeB  Wn  TtMe& 
twoto  ftte  (Liv.  ii.  58;  Diod.  ii.  38X 
B.C.  «54  to  ten  (Liv.  iiL  30;  Dionya.  x.  30), 
were  elected  in  equal  proportions  from  the 
classes  of  the  Servian  Constitution  (Ascon. 
Cornel,  p.  77):  this  change  wa«  readily 
quiesced  in  and  perhaps  even  suggested  by 
patricians,  who  foresaw  in  the  larger  numl 
increased  chances  of  disagreement,  and  y^t 
more  likely  to  win  over  to  their  own  aide  oni|| 
many  than  one  of  few  plebeian  naagittral 
Possibly,  too,  the  office  of  tribune  was  opened! 
the  patricians,  two  of  whom  were  tribuni  ]>!< 
B.C.  448  (Liv.  iii.  65),  though  these^  accorii 
to  Mommsen  (Rdm.  StaatsrecMj  ii.  p.  265)» 
only  coopted  members  of  the  Collegioro. 

We  are  told  by  Dionysius  (ix.  43,  44) 
when  Publicius  failed  in  the  first  attempt 
carry  his  measure,  he  added  a  fresh  provi 
enabling  the  Comitia  Tributa  to  discuss 
resolve  on  matters  of   publte  importance 
Zonaras,  vii.  17) :  this  was  carried  alon;; 
his  earlier  proposal,  and  Iras  of  consider! 
constitutional  significance :  for  it  thus  be( 
easy  for  the  tribunes  to  unite  the  plebeisni 
any  matter  on  which  thev  had  to  voflHn 
Comitia  Oenturiata,  and  also  to  eonsnlt  thei 
to  the  suomission  of  proposals  for  legislatioi 
the  senate:  these,  if  approved,  could  thei 
referred  in. the  Qidinaiy  way  to  the  ceoti 


LEXPUBLILIA 


LEX  BEGIA 


61 


ad  tbcrtkj  become  genuine  enactments  of  the 
soTcreip  popnlna  (VaL  Max.  ii.  2,  7 ;  Dionjs. 
1.  M>,  4^  52>  For  tlie  farther  history,  see 
Pl  BULUS  nad  Pi^SBxacrruM. 

rVBLL'LlA  i>B  SPONSU  gave  the  kind  of 
scrci/ celled  a  j|9onjor  an  iEctio  depensi  to  re* 
t  jvtT  twice  the  anm  which  he  had  paid  for  his 
pnodpal  imlees  reimbnreed  within  six,  months, 
Li.i  enabled  him  after  obtaining  judgment  to 
I  U'Cttd  91  onoe  by  monies  mjecSo  pro  judicato 
^'Jaios,  iii.  127,  IT.  22).     [IllTEliCESBIO.] 

PUBLIX1A£  LEGES,  carried  B.a  339  bj 

i^c  Dictator  Q.  Pablilins  Philo ;  their  substance 

ii  thus  described  bj  Llvj  (viii.  12) :  **  Tree  leges 

fccondissinas  plebeiy  adTersas  nobilitati  tulit:< 

stiaiQ  nt  plebiscita  omnes  Qoirites  tenerent: 

ftlt'.Tsm,  ut   legom  quae    comitiia   eenturiatis 

ferreotar,  ante  initnm  suffragium  Patres  auo^' 

Uro  fierent :  tertiam,  ut  alter  utique  ex  plebe, 

qaojD  CO  rentom  sit  ut   uirumque  plebeinm 

..  .jalem  fieri  liceret,  censor  crearetur."    The 

sr>t  of  these  seems  to  stand  in  connexion  with 

cBe  of  the  leges  Valeriae  Horatiae,  B»C.  449, 

'« uch    enacted     *'  ut    qued    tributim    plebs 

,T.<«5'srt  populum  teneret  *'  (liv.  iii.  55)  :  ue.  it 

rf-iored  the  Comitia  Tributa  after  the  seoond 

tvcioiaa  oi  the  plebs,  and  perhaps  also  proTided 

t.;i  plebiscita   which    had    no    oonstitational 

•iip-'Tt,  or  which  related  pnrelr  to  matters  of 

{nriu  law,  should  have  the  force  of  statute, 

*vea  vithout  sabseqoeut  o>nfirmatioa  or  enact- 

=e!it  bj  the  centuries.    In  B.C.  339,  the  patri- 

fAzs  baring  now  brought  themselves  te  take 

i'fi:!ir  part  in   the   business  of  the  Comitia 

Tr.jjts,  confirmation   bj  the  centuries  must 

•jve  teemed  a  superfluity  in  any  case ;  and 

X.  jordiagly  the  first  Lex  Pabliiia  seems  to  have 

'>'^'«iued  with  it  for  all  plebiscita  whatsoever. 

r.  fj  itill,  however,  required  to  be  sanctioned 

'/  the  senate  before  they  acquired  complete 

.idity;  but   the  necessity  of  this  s^ms  to 

i.~i   been    abolished    by    the  Lex  Hortensia, 

i> :.  'iS7,  which  enacted  ^  ut  eo  jore,  quod  plebs 

'.tuiaet,  onines  Qnirites  tenerentur  "  (Gains,  i. 

Ug.  1, 2,2,8;  LaeUus  Felix  in  GelL  xv.  27 ; 

^'  L.  H,  S.  xvi.  §  37).    There  is,  however,  great 

■*  Irence  of  opinion  as  to  the  real  import  of^ 

*-*!  the  relation  between,  these  three  leges, 

*".ch,  if  literally   taken,  seem  all   to  have 

:  1^  the asme  thing.    Walter  (QeacMchte  des 

'  -^  Mechttf  {  ^)  thinks  that  the  last  two  dis- 

l-^ii  with    the    senatorial    confirmation   of 

p-oodta  which  were  not  proposed  "  ex  senatua 

tt.nute;''  Niebuhr  (ii.  415;  iii.  170,171, 

4  ^1,  tkat  the  Lex  Pabliiia  did  away  with  the 

Kesrtj  of  oonfirmation  by  the  Comitia  Ouriata, 

i^l Uat  the  senatorial  approval  was  dispensed 

i.*3  ^j  the  Lex  Hortensia:  while  Mommsen 

U  n.  GetchtdiUt  ii.  3)  and  Lange  (i.  469^73) 

b^c  the  aooounta  given  to  us  literally,  and  hold 

1  •  Ust  two  laws  to  be  merely  re-enactments  of 

^  '■  \ax  Valeria  Horatia,  which  got  rid  of  con- 

l'~ati'}n  Inr  the  senate  snd  the  Comitia  Curiata 

\  "'II    The  view  adopted  above  is  that  of 

<  •  au  {JnMMiionai,  $  59> 

A*  to  the  meaning  of  the  second  liex  Publilia, 

-n  :f  also  some  difference  of  opinion,  occa- 

><!  bj  our  uncertainty  as  to  the  signification 

"^  'Putict"  in  the  text  of  Liyy,  cited  above. 

^rrrimg  to  one  view,  it  simply  re-nflinned  the 

'  ^titTitienal  doetrine  that  no  messure  should 

E»  Rkmftt*^  ^  cnctment  to  tkt  Comitia 


Centuriata  without  having  been  previouriy 
approved  by  the  senate:  such  re-alfirmation 
seeming  desirable  in  consequence  of  the  recent 
changes  in  respect  of  plebiscita,  which  were 
sanctioned  by  the  senate  after,  and  not  before, 
being  passed  by  the  Comitia  Tributa.  But 
Livy's  remark  that  all  the  leges  Publiliae  were 
"  adversae  nobilitati "  makes  the  view  of  Niebuhr 
more  probable,  that  by  **  Patres  "  is  meant  the 
Comitia  Curiata;  the  assent  of  which  was  by 
this  statute  reduced  to  a  mere  formality  by  the 
requirement  that  it  should  be  given  6r/or«  the 
oentaries  had  considered  whether  they  should 
pass  any  given  measure  or  not. 

The  third  Publilian  Ihw  requires  no  explana- 
tion. We  read  of  a  plebeian  being  censor  as 
early  as  B.C.  351  (Liv.  vii.  22;  x.  8,  8):  but 
this  statute  required  that  one  of  the  censors 
should  always  be  selected  from  the  plebs. 

PU'PLA.  (Cic.  ad  Q.  Fratr,  ii.  13 ;  ad  Fam,  1 4) 
enacted  that  the  senate  should  not  sit  on  dies 
Comitiales.  Previously  it  could  deliberate  on 
any  day  whatsoever  (see  Cic  ad  Fan,  xii.  55 ; 
ad  Q,  Fratr,  ii.  1,  &c. ;  ad  Att.  iv.  2  ;  Liv.  xxxix. 
39).     Its  date  was  perhaps  B.C.  224. 

QUPNTIA,  a  lex  proposed  by  T.  Quiutins 
Crispinus  (consul  B.C.  9)  for  the  preservation  of 
the  Aquaeductus.  It  is  preserved  by  Frontinus 
(de  Aqwudud,  J2oman.). 

BE'GI A, properly  Lex  de  imperio  principis. 
The  nature  of  the  imperium,  and  the  mode  in 
which  it  was  conferred,  are  explained  under 
iMPERinM.  Augustus  united  in  his  own  person 
most  of  the  republican  powers  and  magistracies, 
though  they  were  bestowed  upon  him  by  the 
populus  separately  and  at  difierent  times.  After 
holding  the  consulship  for  nine  years  in  suo* 
cession,  he  received  the  procontnUire  imperium 
and  the  potestas  consuiaria  and  tribunioia  for 
life :  the  powers  of  the  censorship  were  granted 
him  at  first  for  five  years,  but  were  periodically 
renewed  without  interruption :  he  was  also 
Pontifex  Marimus  and  Princeps  Senatua,  whence, 
according  to  some,  he  took  the  title  '*  Princeps  " 
by  which  the  earlier  emperors  were  known,  and 
which  personally  he  preferred  to  the  style  of 
*'  Imperator," which,  though  it  belonged  toium,  he 
never  asserted  within  the  city  of  Rome.  [Prin- 
CEP6.3  The  practice  of  investing  the  emperor  with 
these  various  powers  or  authorities  by  distinct 
leges  was  followed  for  a  considerable  time.  The 
preservation  of  the  Lex  de  imperio  Vespasiani 
(which  seems  to  have  been  only  a  aenatus- 
consttltum  representing  the  old  Lex  Curiata  de 
imperio)  has  led  to  the  belief  that  in  the  time  of 
that  emperor  all  the  powers  enjoyed  by  Augustus 
were  conferred  on  the  sovereien  by  a  single 
statute.  The  fragment  which  is  extant  (Hau- 
bold,  Spangenberg,  Maman,  Legal,  p.  221)  em- 
powers Vespasian  to  make  treaties,  originate 
senatusoonsultOy  propose  persons  to  the  people 
and  the  senate  for  election  to  magistracies, 
I  e  pomoeriunif  and  make  edicts  with  the 
'  iw :  it  releases  him  from  the  same  laws 
.<ch  Augustus,  Tiberius,  and  Claudius 
'eleased ;  and  provides  that  all  that  he 
it  oefore  its  enactment  should  have  the 
I'  t  as  if  it  had  been  done  by  the  people, 
ping  as  the  form  seems  to  be,  it  is 
\t  the  senate,  continued  even  after 
•  '*  to  dispense  the  various  prerogatives 
i^Dijf.QB».hj  one,  with  afiiactedhesttar 

B  2 


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52 


LEGES  BEGIAE 


tion/*  It  was  not  really  till  the  time  of  Alex- 
ander Severus  that  the  whole  of  the  imperial 
powers  (including  the  proconsulare  imperiunif 
the  prmcipaiua  tenaitts,  and  the  trAunicia 
potestas)  were  conferred  on  the  emperor  uno  ictu, 
and  Severns  himself  remarks  upon  this  as  a 
novelty  (**quae  omnia  novo  exemplo  uno  die  in 
me  contulistis,"  Lamprid.  Alex.  Sev,  1) :  but 
from  his  time  the  practice  became  usual,  the 
formal  imperium  however  being  bestowed  first 
by  a  separate  resolution  of  the  senate  (cf. 
Cfapitol.  Max,  et  Balb,  8 ;  Vopisc.  Prob.  2). 
For  the  meaning  of  legibui  solutus  as  applied  to 
the  emperor,  see  Hommsen,  HSm,  StaaUrechty 
IL  p.  728,  and  Merirale,  Hist,  of  the  Somans 
under  the  Empire,  iii.  p.  466  aq. 

The  Lex  de  Imperio  is  in  the  Corpas  Juris  of 
Justinian  sometimes  called  **Lex  Regia,'*  an 
expression  which  occurs  in  Dig.  1,  4^  1,  pr. 
(Uipian),  transcribed  in  Inst.  i.  2,  6,  and  in 
Cod.  1,  17,  1,  7.  The  title  of  Dominus  was 
applied  to  the  emperor  as  early  as  Trajan,  but 
the  phrase  ^'  lex  regia  "  does  not  appear  to  occur 
before  the  third  century,  when  to  avoid  the 
comparison  between  **rex"  and  *Mmperator" 
would  have  been  mere  affectation.  For  the  whole 
subject,  see  Dio  Cass.  liii.  16-19 ;  Tac  Hist.  i. 
47,  iv.  3,  6 ;  and  Merivale,  Hist.  chap.  31. 

RE'GIAE  (Lex,  p.  32  a  supr.;  and  Jus  civile 
Papirianuu). 

BE'MMIA  (Cic.  pro  Bosc.  Am,  19,  55). 
[Caluhnia.] 

RHO'DIA,  a  term  used  to  denote  those  por- 
tions  of  the  Rhodian  maritime  code  (referred  to 
by  Strabo,  xiv.  p.  652 ;  and  Cic.  j^ro  lege  Manilla, 
18,  54)  which  were  adopted  into  the  Roman 
law,  and  on  which  infdrmation  may  be  obtained 
from  Dig.  14,  2,  and  Schryver,  Sttr  Id  Un  Rhodia 
dejactUf  Brussels,  1884.  Its  main  principle 
was  that,  where  property  was  thrown  overboard 
to  lighten  and  so  assist  in  saving  a  ship,  the 
loss  should  be  portioned  out  among  all  in  whose 
interest  the  sacrifice  was  made. 

RO'SCIA  THEATRA'LIS,  carried  by  the 
tribune  L.  Roscius  Otho,  B.C.  67  :  it  assigned  to 
the  Equites  the  fourteen  rows  of  seats  in  the 
theatre  next  to  those  of  the  senatora,  who  sat 
in  the  orchestra,  to  which  apparently  (V^ell. 
Pat.  ii.  32,  3)  they  had  a  kind  of  prescriptive 
right  (Liv.  Epit.  99  ;  Dio  Cass,  xxxvi.  25  ;  Cic. 
pro  Murena,  19, 40 ;  ad  Att.  ii.  19  ;  Juv.  xiv.  324 ; 
Hor.  Epod.  iv.  16).  This  provision  was  re- 
enacted  by  the  Lex  Julia  theatralis.  The 
statute  also  seems  to  have  assigned  seats  in  the 
theatre  to  persons  who  had  lost  their  property, 
whether  by  their  own  fault  or  by  misfortune 
(decoctores),  Cic.  Pha.  ii.  18, 44.  The  law  caused 
some  popular  disturbances  when  Cicero  was 
consul,  which  he  allayed  by  a  speech  (ad  Att.  ii. 
1 ;  Plut.  Cfc.  13). 

RU'BBIA  or  GA'LLIAE  CISALPI'NAE. 
When  Cisalpine  Gaul  ceased  to  be  a  province 
and  became  part  of  Italy,  it  was  necessary  to 
provide  for  the  administration  of  justice,  as  the 
usual  forms  of  provincial  administration  would 
cease  with  the  determination  of  the  provincial 
mode  of  government.  This  was  done  (b.c.  49, 
Mommsen  and  Rudorff;  b.c.  42,  Savigny  and 
Puchta)  by  a  plebiscitum  proposed  by  an  other- 
wise unknown  tribune,  named  Rubrius,  of  which 
a  portion  was  discovered  in  1760  on  a  tablet  in 
the  ruins  of  Yeleia,  which  is  preserved  in  the 


LEGES  SACRATAE 

Museum  at  Parma.  The  whole  lex  probabl 
covered  five  Tables,  and  was  divided  into  cha{ 
ten,  of  which  we  have  caps.  20-22  completj 
and  parts  of  the  19th  and  23rd:  it  apparent^ 
followed  the  order  of  the  praetorian  edict,  an 
regulated  the  judicial  competence  and  procedu 
of  the  Cisalpine  municipia.  Its  policy  seenj 
to  have  been  restrictive :  e.g.  it  is  provided  th^ 
the  municipal  magistrates  shall  hare  jurij 
diction  to  try  by  judices  (in  the  ordinst 
Roman  fashion)  all  suits  in  which  the  sum  ii 
volved  does  not  exceed  15,000  sesterces,  aii 
some  even  irrespective  of  their  amount :  as  i< 
actions  to  which  their  jurisdiction  does  &< 
extend,  they  may  conduct  the  prelimlnsiy  i| 
quiry,  but  must  remit  them  for  trial  to  tl 
praetor  at  Rome.  The  19th  chapter  relates  i 
*^operis  novi  nuntiatio;"  the  20th,  t-o"dail 
num  infectum ; "  the  21st  and  22nd,  to  t| 
jurisdiction,  especially  restricting  the  right  I 
imprisoning  for  money  debts ;  and  the  23rd,  I 
the  *' judicium  familiae  erciscundae." 

The  text  of  the  lex  is  lithographed  in  Bitscbl 
Inscriptions,  vol.  i.  Tab.  xxxii.,  and  may  also  I 
found  in  Mommsen*s  Inscriptions,  vol.  i.  ^ 
205,  as  well  as  in  the  earlier  editions  of  Carl 
Pietro  di  Lama,  and  Haubold  (SpangeDb«r|| 
The  subject  is  expressly  handled  by  Savigt 
(Zeitschrifty  ix.)  and  Puchta,  Kleine  dtU.  Scm^ 
ten,  1851 :  cf.  Huschke,  Ud)er  die  KlagfonM 
in  der  Lex  Rubria ;  Gains,  pp.  203-242;  Hu^ 
Civil.  Magagin,  vol.  ii.  pp.  431-496;  ti 
Dirksen,  Obs.  ad  selecta  legis  GalL  Cisalp.  capa 
Berlin,  1812. 

RUPI'LLAE.  These  are  not  leges  prop^ 
but  regulations  ;for  the  organisation  of  Sicit! 
comprised  in  a  decretum  issued  by  P.  Rnpilia 
its  proconsul  (B.C.  131),  in  accordance  wi 
instructions  given  him  by  the  ten  lega 
sent  by  the  senate,  as  was  usual  (Liv.  xlr.  Il 
Appian,  Iber.  99,  Pun.  135;  SalL  Jugvrt^ 
16)  when  the  organisation  of  a  province  «1 
being  settled  (Cic.  m  Verr.  ii.  13,  16,  4< 
Pseudo-Ascon.  p.  212 :  cf.  Val.  Max.  vi.  9,  i 
There  is  frequent  mention  in  Cicero's  secoij 
speech  against  Verres  of  the  regulations  {lfg(i 
of  Rupilius  in  respect  of  the  Sicilian  judicii 
procedure,  e.g.  one  by  which  he  there  establish^ 
the  supposed  principle  of  the  Lex  Pinaria,  rl 
quiring  an  interval  of  thirty  days  between  tl 
proceedings  in  jure  and  the  appointment  of 
judex  (cap.  15).  Other  leges  of  the  san 
person,  relating  to  the  co-optation  of  the  seDaj 
of  Heraclia,  where  he  had  established  a  colocj 
are  mentioned  in  Verr.  ii.  50,  125;  and  as  i 
"res  frumentaria,"  m  Verr.  iii.  40,  91.  (Si 
Marquardt,  Rom.  StaatsvenoaHung,  i.  p.  341.) 

RUTFLIA  related  to  the  appointment  of  tl 
tribuni  militum  (Festus,  s.  v.  Rufuli ;  Lir.  rii 
5;  Ascon.  in  Verr.  t.  10,  p.  112,  Orelli). 

SACRA'TAE  (mentioned  or  referred  to  b 
Liv.  ii.  33,  iii.  55,  vii.  41,  &c. ;  and  Cic.  p 
&sf.  7,  IS;  30,  &c. ;  de  Off.  iii.  31,  111 ;  <fe  i>j 
ii.  7, 18,  &c.).  The  term  seems  properly  to  ha^ 
been  used  of  laws  to  which  a  religious  sanctiti 
was  attached,  so  that  the  person  who  was  col 
victed  of  violating  them  became  so^yr:  "Si 
cratae  leges  sunt,  quibns  sanctum  est,  qui  qu 
adversus  eas  fecerit,  sacer  alicui  deorum  ^1 
cum  familia  pecuniaque  "  (Festus).  As  to  tl 
nature  of  the  sanction,  something  more  may  t 
gathered  from  Festus,  s.  v.  Sacer  mens :  *^  ^ 


LEX  SAENIA 


LEZ  BEBIPBONIA 


53 


bone  uou  k  eit,  qnem  popnlos  jndicaTii  ob 
milf6riqa,  seqae  &8  est  euxn  immolari:  sed 
qui  occidit  parricidii  non  damnatory  nam  lege 
tribaatda  priiiiA  cavetur:  si  qvis  eum  qui  eo 
jMt>ei  k8o  tacer  ait  oodderU  parricida  fie  sit.** 
Amokg  sach  leges  sacratae  were  the  Lex  Valeria 
d«  proToeatiooe,  the  itatute  affirming  the  iQTio* 
Idbiiitj  of  tribuni  plebU  (Liy.  ii.  8,  33,  iii.  55 ; 
Clc  Je  Ltg.  iii.  4,  llX  the  Lex  Icilia  de  Aven- 
tico  (Lit.  iii  32)  and  the  Lex  militaris  referred 
v-  bj  Lit.  Tii.  41.  See  Emesti's  note  cited  by 
C^reUi,  Goero,  riii.  p.  257 ;  Ihering,  Geist  dn 
ron.  JUektSf  pp.  273-276. 

SAS^LA  DB  PATRICI0BX7X  NUMEBO  AU- 
QaoOf  enacted  in  the  fifth  consulship  of  An- 
p»tu  (Tac.  Aim.  xi.  25;  Men,  Anqfr.  JHhe 
yions,  tab.  2.    See  Casu). 

SLALPENBA'NAy  a  lex  of  the  Emperor  Do- 
outiao,  ▲J>i  81-84^  regulating  the  constitution  of 
tM  Utmeolonjr  of  SaJpensa  in  Baetica. 

SATUBA.    [Lex,  p.  33  6  sqtr.^ 

SCATHOAE,  another  "reading  for  Atiniae 
us  Oc  PkiL  iiL  6,  16. 

SCANTXTnA!^  a  lex  of  unknown  date,  en- 
&:t<d  for  the  suppression  of  unnatural  crime 
(AoiOB.  Epigr.  89;  Jur.  ii.  44;  Cic  ad  Fam, 
riii.  12, 14;  Suet.  Jkmit,  S},  which  was  treated 
>  the  Lex  Jolift  de  adulteriis  merely  as  siu- 
pnta  (Dig.  48,  5,  34,  1;  CoUatio,  v.  2;  Paul. 
^e«2.  rec  ii  26,  13)^  and  punished  by  partial 
cc&bseation  of  property,  flogging,  and  relegatio 
(/vt  IT.  18,  4).  For  these  death  was  substi- 
tuted bj  imperial  constitutions  (Coll.  t.  3 ;  Cod. 
^^  S,  31). 

SCRIBCXNIA,  of  unknown  date,  enacted 
t^t  praedial  urban  serritudes  should  not  be 
i:qBtnble  by  usucapio  (Dig.  41,  3,  4,  29): 
nstic  serritoides  oould  neyer  be  so  acquired 
(ipart  from  the  praedia  to  which  they  were 
laaeied),  owing  to  the  impossibility  of  applying 
V  tbcm  the  notion  of  possession  (Dig.  8,  1,  14, 
K0>  The  statute,  however,  did  not  prohibit 
^  eitiaction  of  a  serritude  by  lapse  of  time, 
vbieh  the  Romans  call  ^^  usucapio  libertatis" 
n^.  41,  3^  4«  29).  But  the  prescriptire  acqui- 
•tioA  of  serritudes  was  re-introduced  through 
tAe  praetorian  doctrine  of  hngi  temporis  poa» 
"^um.  [Seetitdteb;  Usuoafio.]  See  Unter- 
i-Aixaet,  VerjahrwgsUhre,  iL  §§  195-197. 

SGRIBCyNIA  AUMENTA'RLA  (CaeL  ad 
/■«.  Tiit.  6,  by 

BCBIBaNIA  VIA'BIA,  carried  by  the 
tn^vw  C  Scribonins  Curio^  B.C.  51.  Its  motive 
^  purport  are  explained  by  Appian,  Bell. 
"  t.  ii.  26  S9. :  cf.  Qrelli's  Cioero,  viii.  pp.  259, 

SEMPBOmA  AQBA'SLA,  carried  by  Ti- 

hxva  Qraochos  when   tribune,  B.C.  133.     In 

^^ttlisg  its  provisions  he  was  aided    by   the 

*^v^  of  Crassus,    then    Pontifex    Maximus, 

Mxiof  Sewvola,  then  Consul  and  later  Ponti- 

>x  lUzimus    himself   and  Appius    Claudius 

•''let  Th,  OraochuSf  9);    their  main  objects 

>ja^  to  relieve   the  poverty  of  the  humbler 

7^*>)u  citizens,  and  to  establish  a  population  of 

>«  ud  independent  yeomen    over    the  vast 

'•*icti  of  public  land,  the  enjoyment  of  which 

'-^  prtridaas  had  practically  appropriated,  not- 

^'^'■tsading  the  Lex  Licinia,  and  which  were 

utbatdate  but  sparsely  peopled  by  shepherds, 

''risBoi,  and  a  few  slave  cultivators.      Its 

K^  oadmcnt  was  that  "ho  person  should  hold 


more  than  500  jugera  of  ager  publicus  (Liv. 
Epit.  58;  Aurel.  Victor  de  Fir.  t7/.  64),  with  an 
additional  250  jugera  for  each  of  two  sons  :  but 
in  no  case  was  the  holding  to  exceed  1000 
jugera.  From  the  estates  recovered  from  the 
present  tenants,  as  being  in  excess  of  the  maxi- 
mum fixed  by  the  statute,  holdings  were  to  be 
provided  for  the  poorer  and  landless  citizens, 
which  they  were  to  have  no  power  of  alienating 
or  even  letting  (Appian,  Bell.  Civ.  i.  9, 10) ;  the 
taxes  assessed  on  the  land  were  to  be  paid  by 
the  tenant.  The  execution  of  the  statute  was 
entrusted  to  a  commission  of  three,  which  was 
to  be  elected  every  year  (Appian,  foe.  ctt.),  the 
first  three  commissioners  being  Tiberius  himself, 
his  brother  C.  Gracchus,  and  Appius  Claudius ; 
but  it  was  attended  with  great  difficulties.  The 
ager  publicus  had  been  held  by  private  persons 
for  generations  as  private  property,  had  often 
changed  hands  by  sale  or  assignment,  and  had 
been  improved  and  built  upon.  Proposals  were 
originally  made  for  the  payment  of  compen- 
sation for  buildings  and  unexhausted  improve- 
ments (Plut.  loc.  dt, ;  Appian,  Bell.  (Hv. 
i.  11);  but  these,  it  would  appear,  were  with- 
drawn. 

The  execution  of  the  measure  was  stopped  by 
a  senatusconsultum  which  extinguished  the 
powers  of  the  commissioners  to  whom  it  had 
been  entrusted ;  but  it  was  revived  by  the  Lex 
Sempronia  of  C.  Gracchus,  B.C.  123.  The  senate, 
however,  practically  rendered  it  a  dead  letter  by 
employing  Livius  Drusus,  another  of  the  tri- 
bunes, to  bring  forward  agrarian  proposals  even 
more  popular  with  the  proletariate  than  that  of 
Gracchus ;  especially  one  permitting  alienation 
of  the  holdings,  whereby  the  tenants  got  money 
instead  of  land,  and  the  rich  were  enabled  to 
buy  back  the  estates  of  which  they  had  been 
temporarily  deprived.  (Plut.  C.  Qracchvs; 
Appian,  B^.  Civ.  i.  21  ff. :  for  the  whole  sub- 
ject, see  Merivale's  Fail  of  the  Boman  Bepublio, 
chap,  i.) 

SEMPBO'NIA  DE  CAPITE  CITIUH,  carried 
by  Caius  Gracchus,  B.C.  123 :  it  re-affirmed  the 
old  legal  principle  that  no  judgment  should  be 
pronounced  involving  the  life  or  freedom  of  a 
citizen  without  the  assent  of  the  Roman  people 
(Cic.  pro  BaXririo,  4,  8 ;  in  Cat.  4,  5 ;  in  Verr.  v. 
63,  163;  Gell.  x.  3).  See  Ahren's  Excursus  on 
the  statute,  cited  by  Orel  11,  Cicero^  vol.  viiL 
pp.  264,  265. 

SEMPBO'NLA  de  pecunia  credtta  or  de 
FENORE,  passed  by  the  tribune  M.  Seropronius 
Tuditanus,  B.C.  193.  It  was  occasioned  by  the 
fact  of  citizens  lending  money  in  the  names  of 
non-cives  in  order  to  evade  the  laws  against 
usury,  to  which  it  subjected  the  Socii  and 
Latini  (Liv.  xxxv.  7). 

SEMPKCKNLA  de  FBOvmaA  Asia  provided 
that  the  taxes  of  the  Roman  province  of  Asia 
should  be  let  out  to  farm  by  the  censors  (Cic  m 
Verr.  iii.  6,  12 :  cf.  ad  Att.  i.  17,  9) :  probably  a 
different  lex  from  that  which  next  follows. 
[Decumae.] 

SEMPBO'NIA  de  PROViNcns  oonbulabibub, 
passed  by  C.  Gracchus,  B.c.  123 :  it  enacted  that 
before  the  election  of  consuls  the  senate  should 
in  each  year  determine  the  two  provinces  which 
they  were  to  have  at  the  termination  of  their 
year  of  office ;  which  of  the  two  each  was  to 
take,  was  to  be  settled  by  them  afterwards  by 


%^ 


54 


LEX  8EMPB0NIA 


LEX  THOBIA 


lot  or.  otherwiie  (Sail.  JitgurtiMf  27  ^— Clc.  pro 
JhmOy  9,  24 ;  jtro  BaXbo^  27,  61 ;  ad  Fom,  i. 
7,  la;  die  Prov,  Cona.  2,  3). 

SEMPBO'NIA  DE  8I7FFRAQII8,  passed  by  C. 
Gracchus:  it  enacted  that  the  order  in  which 
the  centuries  should  vote  should  be  determined 
by  lot  (Sail,  de  BepubL  ordin,  ii.  8 ;  Mommsen, 
Edm.  Gesckichte,  iv.  3). 

SEMPBO'NIA  FRUMEKTARIA  of  C.  Gracchus 
(Cic.  TVisc.  iiu  20,  48;  pro  Sestio,  48,  103;  de 
Off,  ii.  21,  72;  JSnU.  62,  222).  [Feuken- 
TABiAE  Leges.] 

SEMPBO'NIA  JUDiciARiA,  carried  by  C. 
Gracchus,  B.C.  122 :  it  took  the  judicia  publica 
from  the  senate  and  transferred  them  to  the 
Equates (Appian,  Beii.  Civ.  1.22 \  Veil.  Pat.  ii.- 
6,  32;  Cic.  m  Verr.  i.  13,  40 ;  Tac.  Ann,  xii. 
60 ;  Florus,  ill.  13,17). 

SEMPBO'NIA  MiUTARis,  for  providing  sol- 
diers with  an  out6t  at  the  cost  of  the  state 
(Plut.  a  Oracchtia^  5).  . 

SEMPBO'NIA  NE  Qiris  judxcio  oircum- 
VEVIRETUR  (Cic.  pro  Cluentio^  55,  151).  It 
seems  in  reality  to  have  bem  somewhat  of  the 
same  nature  as  the  Lex  Cornelia  de  sicariis  et 
yeneficis. 

«EBVrLIA  AGBA'BIA,  brought  forward 
by  the  tribune  P.  Servilius  Rullus,  B.C.  63 :  it 
proposed  to  divide  the  ager  campanus  and  campus 
stellatis  among  the  poorer  citizens  (Cic.  in  RtdL 
2,  28),  to  compensate  all  who  had  been  robbed 
of  their  property  by  Sulla  by  the  sale  of  all  the 
ager  publicus  in  Italy  and  the  provinces  (Cic.  ib, 
2, 15,  38),  and  to  purchase  lands  in  Italy  for 
the  poor  otherwise  unprovided  for  from  the 
wealth  which  had  poured  into  the  treasury  from 
the  recent  conquests  of  Poropeius.  it  was 
successfully  opposed  by  Cicero  as  consul,  but 
was  in  substance  carried  by  Julius  Caesar,  B.C. 
59  (Cic.  m  Piao/L  2,  4;  ad  Fam,  8,  6,  5:  see 
Julia  Aqraria). 

SEBVI'LIA  GLAU'OIA  de  repetctndis, 
B.a  104  (Cic. pro  Scauroy  1,  2 ;  pro  Rab.  Post, 
4,  9 ;  in  Verr,  i.  9,26;  pro  Balbo,  24,  54 :  see 
the   next  note).     [Delatio  Komuiis;  Rspk- 

TUSDAE.] 

SEBVPLIA  JUDICLA'BIA,  B.c.  106 :  by 
this  the  coqsul  Q.  Servilius  Caepip  restored  to 
the  senators  the  monopoly  of  the  judicia  publica 
of  which  they  had  been  deprived  by  the  Lex 
Sempronia  judiciaria  (Tac.  Ann,  xii.  60;  Cic. 
Baa,  43, 44, 86 ;  de  Invent.  i.49;de  Orat,  iL  55, 
223;  pro  Ciuent.  55,  151),  but  it  seems  to  have 
been  almost  at  once  repealed  by  the  Lex  de  repe* 
tundis  of  Servilius  Glaucia :  see  Klenze's  work, 
Fragmenta  tegia  Serviliae,  &c.,  Berlin,  1825,  and 
the  extracts  from  it  in  Orelli's  Cicero,  vol.  viii. 
p.  268. 

SES'TIA  DE  BEVOCANDO  CiCEBONE,  B.C.  67 

(Cic  ad  Att.  iii.  20,  3 ;  ib,  23, 4). 

SI'LIA,  ctrc.  244  B.C.,  introduced  the  legis 
actio  called  condictio,  for  the  recovery  of 
"certa  pecunia"  (Gains,  iv.  19).    [Per  Coh- 

DICriONISM.] 

SI'LIA^  a  plebiscitum  proposed  by  P.  and  M. 
Silios,  tribuni  plebis,  in  respect  of  publica 
pondera  (Festus,  a.  v.  Publica  Pondera). 

SILVA'NI  ET  CABBO'NIS.  [Papiria 
Plautia.] 

SULPrCIAE,  proposed  by  the  tribune  P. 
Sulpicius  Galba,  a  supporter  of  Marius,  B.C.  88, 
and  enacting  the  recall  of  the  exiles  (Auct.  ad 


fferenn.  ii.  28,  45),  and  the  distribution  of  the 
new  citizens  and  the  libertini  among  all  the 
thirty-Bve  tribes  (Ascon.  in  Cbm.  p.  64,0nlli): 
conferring  the  command  in  the  Mithridatic 'uar 
on  Harius  in  lieu  of  Sulla  (Yell.  Pat.  ti.  18,  6), 
and  prohibiting  senators  from  Incurring  debts 
beyond  2,000  drachmae,  or  20;000  asses  (Plat. 
Sulh,  Sy  Appian  (^Beil.  Civ,  i.  59)  says  that  all 
tliese  laws  were  repealed  {&t  otic  'hPOfia)  by 
Sulla  and  Pompeius.  (Cf.  Lir.  Spit  77 ;  Cic. 
PAtV.  viii.  2,  7.) 

SULPI'OIA  SEMPBO'NIA,  b.c.  3(M; 
clearly  the  same  as  the  Lex  Patiria  de  oosse- 
CRATiONE  AEDiuu,  and  improperly  named  after 
the  consuls  of  the  year  by  sotne  writers;  its  troe 
title  is  clear  from  Cic  pro  Domo,  49  and  50, 
128.     (Cf.  Gains,  ii.  5-7.) 

SUMPTUA'BIAE.    pUMPTUARIAEtEClS.] 

TABELLA'BIAE.    [Tabellakiae Leges] 
TABPE'IA  ATE'BNIA.    [At£rnia  Tak- 

PEIA.] 

Y  TEBENTI'LIA,  the  proposals  Qf  the  tribune 
C.  Terentilitts  Arsa  (B.C.  462),  which  evciituslk 
led  to  the  enactment  of  the  Twelm  Tsbles  (Liv. 
iii.  9,  10,  31;  Dionys.  x.  laq.)  [Duodecih 
Tabularum.] 

TESTAMENTA'BLIE.  [Cornelia;  Fal- 
cidia;  Fufia  Caninia  ;  FimrA;  Voookia.] 

THO'BIA.  This  agrarian  law,  proposed  bf 
a  tribune  named  Sp.  Thorius,  is  mentioned  bv 
Cicero  {Brut  36,  136  ;  de  Orat.  il,  70,  284)  and 
Appian  {Bell.  Civ.  i.  27),  and  was  one  of  thrf« 
statutes  by  which  such  provisions  of  the  Lei 
Agraria  of  C.  Gracchus  as  had  not  been  repealed 
by  M.  Livius  Drusus  were  abrogated  (Appian,  hK. 
cit.).  The  first,  whose  author  is  unknowa,  was 
passed  B.a  121,  and  apparently  confirmed  the 
enactment  attributed  above  {[Sempronia  Agea- 
ria]  to  Drusus,  which  permitted  the  sale  of  iaiKJ- 
assigned  to  the  poorer  citizens  under  the  law  ^.  t 
Gracchus :  the  second  (Lex  Thoria),  B.C.  119  or 
118,  prohibited  all  future  distributions  of  sger 
publicus,  abolished  the  'Uriumvfri  agris  daodis 
assignandis  "  established  by  Tiberlua  Gracchus, 
and  confirmed  the  old  posaesaores  in  their  hold- 
ings subject  to  the  payment  of  a  tax  (rectigal), 
which  was  to  be  divided  among  the  needier 
citizens  in  lieu  of  land:  the  third  (B«c.  111). 
possibly  proposed  by  the  tribune  C.  Baebins 
(Sail.  Jug.  32, 33),  relieved  the  posaessoreaottliu 
tax  altogether. 

The  relation  of  these  leges  to  one  another  is 
connected  with  the  fragments  of  an  extant 
bronze  tablet,  containing  inscriptions  on  both 
sides:  on  one,  parts  of  the  Lex  Servilia  de 
repetundis  (the  chief  authority  on  which  is 
Klenze*s  work) ;  on  the  other,  parts  of  a  Ux 
Agraria.  The  largest  and  most  important  of 
the  fragments  is  now  in  the  Museo'  Borbonico  at 
Naples.  The  Lex  Agraria  was  cut  on  the  rough 
back  of  the  tablet,  the  smooth  side  of  which  wa.>i 
intended  for  and  occupied  by  the  Lex  Servilia; 
and  the  agrarian  law  being  considerably  longer 
than  the  latter, ''  the  characters  [on  the  reverse- 
side]  are  remarkably  small,  the  lines  narrow,  the 
abbreviations  numerous,  and  the  chapters  only 
separated  by  two  or  three  points,  whereas  on  the 
other  side  the  letters  are  uniform,  large,  and 
well  made,  the  lines  wide,  the  words  written  at 
f^ill  length,  and  the  chapters  of  the  lex  separatod 
by  superscriptions  *  .  .  Further,  the  lines  of 
the  Agraria  Lex  are  often  so  oblique  that  they 


LKL  TlnA 


LEGES  YALEBUE  HOBATIAE   55 


<Tos  the  ftraigkt  Iimb  on  the  opposite  sid«, 
vkiek  m  rat  rtry  deep,  and  ooniequentlj  are 
xmUt  «B  tke  ^e  on  which  the  agrarian  law  is 
cQt"(RadoHi). 

Titt  nsra-sobjeet  of  the  lex,  to  which  the  first 
<4H»tei  ebapten  or  forty-three  lines  refer,  is  the 
pvbhe  bad  in  Italy  as  &r  aa  the  rtven  Rubico 
ifrJ  Msera.  ttsaeoond  pot,  coT«riDg  fifty-three 
liLttf  nlstcato  hind  both  public  and  private  in 
tb«pcovinee-of  Afiriea:  the  final  portion  to  the 
RoBJEB  pabHe  land  in  the  territory  of  Corinth. 
Kcdtfiff  {XeUacknft  fitr  rtehtsgetch,  TTissm- 
tihaft,  vol.  z.  ppw  l-I^)  is  of  opinion  that  the 
I'X  spplicd  to  other  land  also,  and  for  two 
reMDs.  first,  the  Roman  agrarian  law4  of  the 
strreatb  entnry  of  the  cfty(tf.^  the  Lex  Serrilia 
-f  Kallas)appairetttly  related  to  all  the  proriuces 
•'f  tkt  Emp^  Secondly,  the  flmgnient  of  this 
lei,  vhwh  it  preserved,  is  so  broad  compared 
^\ik  its  height  that  the  whole  tablet  may  be 
<  <nd«ded  to  ikave  edntained  three  times  as  much 
:..>tbe-portioB  which  we  have;  for  nearly  all  the 
I'lQiat  tablets,  on  winch  Roman  laws  are  cut, 
uv  oblong  in  form,  with  the  height  much 
zrtaUT  than  the  width.  Of  the  tero-thirde  of 
tbr  tablet  which  he  enppoaes  to  have  been  lost, 
»>  trace  has  yet  been  difecovered. 

Radetfl^  in  hfs  essay  on  this  lex  (i^itten  in 
l<>d),  identified  H  with  the  Lex  Thoria,  by 
«faicb  name  it  was  known  for  some  considerable' 
tinM.  But  more  recently  (Bfhn.  SeehtBge- 
xUektty  L  §  !• :  cf.  his  note  in  Pnchte's  InstiU- 
UnAiy^  72,  ()  he  has  accepted  the  conclosion 
<f  Mommsen  {Berieliie  der  Sachs.  GeuUachaft^ 
\^U  p»  93)  that  it  really  is  the  third  of  the 
i«f«s  above  mentioned,  which  possibly  was  a  Lex 
B«bia.  It  is  certainly  said  by  Cicero  {Brut,  86, 
1^)  that  Spu  Thorius  *^  agrum  publicum  vitiosa 
«t  iButili  lege  Tectigali  leravit;"  but  this 
Monuosen  rendera  ^  relieved  the  ager  publlcus  of 
!)« iiMleBS  agrarinn  law  ofiSracchus  by  Imposing 
•c  It  s  recti^"  The  19th  and  20th  lines  of  the 
l«i  OB  the  t&let  (which  decree  the  repeal  of  the 
^Ktv^dia)  seem  to  be  conclusive  in  favour  of 
thji  and  against  Budorff's  earlier  theory. 

The  extant  text  of  this  statute  is  printed  by 
Homnuea,  /ascr*.  Lot.  No.  200,  and  by  Rodorff 
:b  the  essay  referred  to :  cf.  Huschled,  kritisdm* 
/i^riacA,  1M1,  pp.  579-620 ;  Zumpt,  Comment. 
Ipi^rapk.  1860,  pp.  205-221;  and  Walter, 
^uekiddsdrnfenu  M&cMs,  §  252,  and  note  69 16. 

TITIA.  Similar  fai  its  provisions  to  the  Lex 
roUida  (Dig.  11,  5,2^3> 

Tl'llA  AGBA'BL/L  (Val.  Max.  vUi.  1 ;  Cic. 
i-  Uq.  iL  12^  31 ;  Julius,  Obs.  c.  45). 

TITIA  DC  TinoBiDUS  [Julia  et  Tttia]. 
Aasther  UxTStin  is  refemd  to  in  CSc.  woMw. 

TBEBOHIA,  carried  by  the  tribune  L. 
Treboains  (kcl  44&X  and  enacting  that  if  the 
Cuaitiawere  imnble  to  elect  ten  tribuui  plebis 
'^  tilt  pfoper  day,  these  actually  selected  should 
>vt  fill  ap  the  vmeanciee  by  cooptation,  but  the 
^^tia  be  continued  until  the  full  number  was 
'»«P»«U  (Uv.  til.  M,  65;  r.  10). 

TREBO^NIA  DE  TSOVIKCUS  OQMBtTLAJtmnS, 
^<  fA  (Liv.  EfU.  105 ;  Dio  Cose,  xxxix.  33 ; 
I'M.  <:^  siAk  43). 

TRIBUNI'CL^  Plebisdta  are  commonly 
^*«<rihid  aa**  leges  tribunietee:"  but  the  term 
s  «ho  sralied  by  Cicero  (m  Verr.  i.  16, 42)  t4  the 
*^  hy  wfaieh  Poi^ias  restored  to  the  thbunea 


the  powers  of  which  they  had  been  shotn  by 
Sulla. 

TCJ'LLLA'  DE  AJCBtrn,  carried  by  Cicero  B.a 
63  (^0  Mur.  3,  23,  32,  &c. ;  pro  Seat.  64,  163  ; 
in  Vatin.  15,  37  ;  Dio  Cass,  xxxvu.  29).  [Ax- 
MTUS.] 

TU'LLIA  DE  UBERiB  LEOATiONnnn,  also 
canned  by  Cicero  (de  Leg.  iti.  8,  18).     See 

LE6AT08. 

UNCLA'BIA  (Festus,  p.  S75).    [Cobnelu. 

UNG9ABIA  ;  cf.  VALERIA  DE  A£RB  ALCEHa] 

VALE'BLA  D£  AERE  AUEMO,  Carried  B.a  86 
by  L.  Valerius  Flaccus,  reducing  all  debts  by 
three-fouithft  (VelL  Pat.  iu.  23;  SalL  OoA.  33 ; 
Cic  pro  Fonteioy  1,  1). 

VALE'BIA  DE  CIVITATE  CalufrXhas 
Veuenbis,  B.C.  98,  A  privilegium  by  which  a 
priestess  of  Ceres  was  made  a  dvis  Somana 
(Cic.  pro  BaXbOy  24,  55). 

VALE'BLA  DE  CtVITATETORllIAHOSUlt,  &C., 
B.C.  88  (Liv.  xxxviii.  36). 

VALi/BLA  DE  AAMDsnrjECTtoira.  [VaIlia.] 

VALE'BLA.  DE  SiTLLA  DiCTATORE,  oarrtcd  by 
L.  Valerius  Flaccus,  B.a  82,  giving  the  force  of 
law  to  all  Sulla's  acts  (Cic  d$  Lege  agr.  iii.  2, 7 ; 
de  Leg.  i.  15, 42 ;  pro  Boec.  Am.  43, 126 ;  Pint.      / 

anOa^ssy.  W 

VALE'BIAE,  proposed  and  carried  ac.  508  v 
by  the  consul  P.  Valerias,  with  the  object  of 
relieving  himself  from  the  suspicion  of  aiming 
at  the  kingly  poWer  and  increasing  his  own 
popularity:  means  by  which  he  acquired  the 
name  of  Publicola  or  Poplicola,  by,  which  he  is 
generally  known.  The  fint  and  best  known  of 
his  laws  is  that  which  reduced  ^e  powers  of 
the  magistrate  (de  Provocatione— de  Multa)  by 
enacting  that  every  citizen,  whether  patrician 
or  plebeian,  should  have  an  appeal  {pfrovooatio^ 
to  the  Comitia  (curiata,  Walter,  Qeschic/Ue  dee 
rdm.  Bechis,  §  40;  Schwegler,  xxi.  17,  xxv.  12; 
centuriatOy  Mommsen,  Bdai,  Geschichtey  ii.  1, 
and  Buschke,  Rein,  Becker-Marquardt,  &c.)  from 
any  magisterial  sentence  by  which  he  was  oon- 
demned  to  death  or  flogging  (Cic  de  Bep.  if.  31, 
54;  Val.  Max.  iv.  1 ;  Liv.  li.  SO),  or  to  payment 
of  any  fine  larger  than  two  sheep  and  five  oxen 
(Plttt.  Popl.  1 1).  Cicero  (de  Bep.  ii.  31, 54)  says 
that  this  waa  the  first  lex  passed  at  the  Oomitia 
Centuriata.  The  right  of  appeal  only  applied 
to  Rome  and  its  precincts  within  A  mile  of  the 
city,  for  the  imperium  of  the  Consuls  beyond 
this  boundary  was  unlimited  (*'  neque  enim  pro- 
vocationem  esse  longius  ab  urbe  mille  passuum," 
Liv.  iii.  20).  The  second  Lex  Valeria  of  Publi- 
cola declared  accursed  anyone  who  formed 
designs  to  grasp  the  kingly  power,  and  made 
both  him  and  his  property  eaoer  [Sacratae 
Lboes]:  Dionys.  v.  19,  70;  Pint.  Pcpl.  12. 

VALE'BIAE  HOB A'TLAE,  carried  B.C.  449  ,  , 
by  the  consuls  L.  Valerias  Potitus  and  M.  Hora-  • 
tins  Borbatus.  The  probable  import  of  one  of 
these,  irelating  to  the  binding  force  of  pUbiecitOf 
has  been  stated  above  [Pubuliae  Legbb];  A 
second  was  intended  to  secure  the  principle  of 
the  Lex  Valeria  de  provocatione,  enacting  **  ne 
quis  ultnm  magistratum  sine  provocatione 
crearet :  qui  creasset  etmi  jus  fasqae  esset  occidi, 
neve  ea  caedea  capitAlis  noxae  haberetur  '*  (Liv. 
iii.  56.^  cf.  Cic  de  Bep.  ii.  31, 54).  This  principle 
was  re-asserted  again  almost  at  once  by  the  Lex 
Duilia  (Liv.  Uk.  cit.),  and  many  years  afterwards 
by  a  third  Lex  Valeria^  passed  by  M*  Valerius, 


56 


LEX  YALLIA 


consul  B.G.  300,  which  Livy  (x.  9)  says  was 
armed  with  more  precise  sanctions  '*  quod  pins 
paucorum  opes  qnam  libertas  plebis  poterant.*' 

A  third  Lex  Valeria  Horatia  made  ^'sacro- 
sancti "  the  persons  of  the. plebeian  tribunes  and 
aediles  and  the  "jndices  decemviri"  (LW,  iii. 
55) :  anyone  who  yiolated  the  enactment  being 
made  "  sacer  "  to  Jupiter,  and  his  property  con- 
fiscated to  the  temple  of  Ceres  and  Liber.  The 
**judices  decemviri*'  seem  not  to  be  two  sepa- 
rate classes  of  judges,  but  the  collegium  of 
decemvirs. 

YA'LLLA^  according  to  Stndemund's  recen- 
sion, the  name  of  the  statute  mentioned  by  Qaius 
(iv.  25),  which  limited  the  operation  of  Manus 
injectio  for  execution  purposes  to  judgment 
debts  (judioatum)  and  debts  established  by  actio 
tkpensi.    Q^ublilia  de  sponbu.] 

VA'BIA  (Val.  Max.  viii.  6,  4 ;  Appian,  Bell, 
Civ.  i.  37  ;  Gic.  I\ucAi,  24,  57 ;  jtto  SoawVt  1, 
3 ;  Brui,  56,  89).     [Majebtas.] 

VATrNIA  DE  OOLOSIS,  under  which  the  Latin 
colony  of  Novum  Comum  in  Cisalpine  Gaul 
was  founded  B.C.  59  (Suet.  Jul.  28). 

VATrNLA  DE  IMPERZO  C.  Caesakis,  carried 
B.C.  59  by  the  tribune  P.  Vatinius :  it  conferred 
on  Julius  Caesar  the  province  of  Cisalpine  Gaul, 
with  lUyricum,  for  five  years:  Gallia  Trans- 
alpina  was  subsequently  added  by  a  senatus- 
consultum  (Sueton.  JtU.  22;  Dio  Cass,  xxxviii. 
8 ;  Appian,  Bell.  Od.  ii.  13 ;  Yell.  Pat.  ii.  44 ; 
Cic.  in  Vatin.  15,  36  :  cf.  Trebonia). 

YATI'NIA  DE  REJECTIONEJUDICUM,  carried 
by  the  same  P.  Yatinius :  it  enabled  both  accuser 
and  accused  in  a  trial  for  Repetundae  to  once 
reject  the  whole  coneilium  of  judges  drawn  by 
the  praetor :  previously  they  had  been  able  only 
to  challenge  individual  members  of  the  panel 
(Cic.  m  Vatin,  11,  27 ;  Schol.  Bob.  pp.  321,  323, 
OrelU). 

YATl'NIA  DE  L.  Yettii  ihdicio  (Cic.  in 
Vaiin.  11, 26 ;  Dio  Cass,  xxxviii.  9 ;  Appian,  Bell. 
Civ.  ii.  12;  Schol.  Bob.  in  Vatin.  p.  320,  Orelli).. 
YEGTIBULICI,  a  law  supposed  to  have 
been  passed  by  the  Comitia  in  the  time  of  Trajan, 
and  so  later  than  the  Lex  Agraria  of  Nerva, 
generally  held  to  have  been  the  last  enacted  in 
this  manner.  The  reading  in  Cod.  7,  9,  2,  on 
which  the  assumption  rests,  is  probably  corrupt : 
see  Puchta,  Jnstitutionen^  §  106,  note  b. 

YE'RELA  FRUMENTA'BLA  (Cic.  m  Verr. 
iu.  49,  117). 

YLA.'RIA,  a  name  sometimes  given  to  the  lex 
of  Scribonius  Curio,  de  viis  muniendis  [SCRi- 
bonia],  because  described  under  it  by  Cicero,  ad 
Fam.  viii.  6. 

YIGESIMA'RIA  (Gains,  iii.  125,  126 ;  Dig. 
2,  15,  13 ;  11,  7,  37 ;  28,  1,  7,  «ic.).  [JuLIA 
YlCESDfARIA.] 

YI'LLLA  ANNA'LIS,  b,c.  180.  [Ajihales 
Leobb.] 

YISE'LLLA,  A.D.  23,  rendered  libertini  liable 
to  a  criminal  prosecution  who  fraudulently 
attempt  to  exercise  the  rights  of  ingenui  (Cod. 
9,  21 ;  10,  32,  1) :  it  also  enabled  Latini  Juniani 
to  acquire  the  civitas  by  service  in  the  Roman 
guards  (vigilea)  for  six  years,  which  was  subse- 
quently reduced  to  three  by  a  senatusoonsultum 
(Ulpian,  Beg.  Hi.  6).  [J.  B.  M.] 

LEX  y6C0NIA.    [Vooonia  Lex.] 

LEXIARGHI  (Xif(/apxoO-    [Eoclesia.] 
L£XIABGHI(X)N  (Xii^opx^H  [Dsmub.] 


UBELLUS 

LEXIS  (Xnlif).    [DiKi.] 

LIBELLA.  1.  The  diminntive  form  ci 
l&ra,  a  Roman  pound,  and  naturally  applied  not 
to  the  heavy  pound  of  copper,  but  its  eqnivident 
in  silver.  Varro  writes  as  follows  (L.  L.  x. 
174)  of  the  libella:  ''Nummi  denarii  decumj 
libella,  quod  libram  pondo  as  valebat,  et  erat 
ex  argento  parva."  This  phrase  has  been  much 
discussed,  and  has  misled  many  metrologi&t^ 
but  the  latest  researches  (Uultsch,  Metr^ogii^ 
ed.  2,  p.  275)  seem  to  show  that  Yarro's  woidi 
contain  two  errors  and  one  truth.  He  is  wrooc 
in  supposing  that  the  denarius  was  ever  equal 
in  value  to  ten  heavy  or  libral  asses ;  in  fact  it 
was  equivalent  to  four  (As,  p.  205) :  and  he  is 
wrong  in  supposing  that  the  libella  was  ever 
issued  as  an  actual  coin ;  it  was  in  fact  a  mere 
money  of  account,  like  the  guinea  among  our- 
selves. But  he  is  probably  right  in  his  asser- 
tion that  originally  the  libella  was  the  tenth  ot' 
a  denarius,  and  so  equal  to  seven  grains  of 
silver,  or  one  aa  of  the  triental  reduction  [As, 
Yol.  L,p.  205].  Later  it  was  reckoned  aa  the  tenth 
of  the  sestertius,  and  so  as  equivalent  only  to 
1*75  grains  of  silver.  The  half  of  the  libella 
was  Uie  sembella  (Yarro,  v.  174),  and  it^ 
quarter  the  teruncius.  The  relation  (one-tenth) 
of  the  libella  to  the  sestertius  or  denarius  gsT» 
rise  to  the  phrase  *'  heres  ex  libella '"  (Cic. 
adAtt.  vii.  2,  3),  applied  to  those  who  inherited 
the  tenth  of  an  estate ;  while  he  who  inheritei 
the  fortieth  part  was  called  '^  heres  ex  temncio  " 

9.  (Also,  but  less  frequently  libruL)  A  car- 
penter's level,  called  by  the  Greeka  Sui^^f. 
and  also  in  poets  (from  the  pendant  tongue) 
<rra^vx4  (Hom.  11.  ii.  765, 
where  Schol.  <rro^vX^  7^  t 
r^moviKhs  Zia^1in\s)i  in  Co- 
lum.  iii.  IS,  12,  libella  faMlis, 
--cf.  Plin.xxxvi.  172;  Vitruv. 
iii.  5,  2 :  in  Lucret.  iv.  515 
(where  other  instruments  also 
are  mentioned), "  libella  aliqua 
si  ex  parti  claudicat  hilum," 
the  idea  is  clearly  of  the 
legs  not  being  set  truly.  In 
Caesar  {B.  C.  iii.  40)  the  form  , 

libra  is  used,  which  seems  to  ^^S^Lltl^ 
,     .,  1      ^  L       •*.  •       ters level,  (rroai 

be  the  regular  form  when  it  is     «       grave^toDf, 

applied  to  water-level,  so  that  ,  Qnitar,p.644,i.) 
infra  libram  maris  means  **  be- 
low the  sea-level."    (Blumner,  Tecimohgie,  &c., 
ii.  p.  236.)  [O.  Is:  M.] 

LIBELLU8,  properly  the  diminntiTe  form 
of  liber,  and  therefore  means  a  small  book-roll 
[see  Liber];  but  as  regards  its  use  in  that 
sense,  it  belonged  particularly  to  books  of 
poetry.  There  are  other  technical  meanings 
which  require  notice  in  this  place.  We  find 
libelluB  most  frequently  used  in  writers  under 
the  Empire  for  a  memorial  of  any  kind,  either  tn 
accusation  (whence  our  /i6eO,  or  a  petition ;  snd 
also  to  official  notifications  of  any  kind.  In  all 
these  senses  the  libellua  implies  a  roll  made  up 
of  very  few  pages,  or  it  might  be  only  a  single 
page.  (Cf.  birt,  Antike  Buchween,  p.  22.)  It 
was  used  by  the  Romans  as  a  technical  term  in 
the  following  cases : — 

1.  Libelli  acGusatorum  or  occusaforM  were  the 
written  accusations  which  in  aome  cases  a  plsin- 
tiff,  alter  having  received  the  permission  to 


LIBBLLU3 


LIBEB 


67 


bns{  aa  MtioD  against  a   person,  drew  np, 

sigMi,  ad  MDt  to  the  judicial  authorities,  yiz. 

ta  tk  dtj  to  the  praetor,  and  in  a  province  to 

tfee  pnoontnl.    (Cod.  9,  2,  8 ;  Dig.  48,  5,  2,  17, 

J^;  47,2,  74.)    The  form  in  which  a  libeUus 

vaa^oriu  was  to  be  written,  is  described  by 

CTpiu  ia  a  case  of  adolterj  (Dig.  48,   2,  3). 

Tie  sccoser  bad  to  sign  the  libellos,  and,  if  he 

•?oaid  Bot  write,  he  was  obliged  to  get  somebody 

'iie  to  do  it  for  him.    If  the  libellos  was  not 

vntten  in  the  proper  legal  form,  it  was  invalid, 

t»t  the  plaintiff  bad  still  the  right  to  bring  the 

tame  action  again  in  its  legal  form.    (Jnv.  vi. 

JH&c.;Tac  Amm.  iii.  44;  Plin.  Epist.  viL  27; 

ct)mpaie  Brisson,  de  Form.  r.  c.  187,  &c) 

2.  LiheUi  fasmm  were  what  we  call  libels  or 
penqainadea,  intended  to  injure  the  character  of 
?«iMos.  A  Inw  of  the  Twelve  Tables  inflicted 
Tvrj  severe  ponishments  on  those  who  composed 
artaaaatory  writings  against  any  person  (Cic.  dif 
lu  hA.  iv.  10,  33 ;  Amob.  iv.  p.  151>  During 
ihe  latter  part  of  the  Kepnblic  this  law  appears 
to  have  been  in  abeyance,  for  Tacitus  {Ana^ 
i  72)  lays  that  previous  to  the  time  of  Augustus 
::bcls  had  never  been  legally  punished  (compare 
«^c  otf  idm.  iii.  11),  uid  that  Augustus,  pro- 
voked by  the  audacity  with  which  Ca»ius 
^^rerus  bjonght  into  disrepute  the  most  illus- 
tnoQs  petaons  of  the  age,  ordained,  by  a  Ux 
aa^estatis,  that  the  authors  of  libelli  famtm 
^oaU  be  brongbt  to  trial.  On  this  occasion 
AagQstus,  who  was  informed  of  the  existence  of 
^Tfnl  such  works,  had  a  search  made  at  Rome 
W  the  aedilea,  and  in  other  places  by  the  local 
cafistratea,  and  ordered  the  libels  to  be  burnt ; 
>»atc  of  the  authors  were  subjected  to  punish- 
cwat  (Dio  Cass.  Ivi.  27).  A  law  quoted  by 
Vlpiao(Dig.  47,  10,  5)  ordained  that  the  author 
« !  a  iSidhta  famomts  should  be  mtesUdrilis,  and 
•:chBg  the  later  period  of  the  Empire  we  find 
:iU  capital  punishment  was  not  only  inflicted 
•7<«  the  author,  but  upon  those  persons  in 
'&cee  possMsiop  a  Hbettw  famoaus  was  found,  or 
•iM>  did  not  destroy  it  as  soon  as  it  came  into 
'>ir  hands  (Cod.  9,  36).  For  further  informa- 
in  on  this  subject  see  Rein,  Das  Criminairtcht 
arr  RSmer^  pp.  378,  Ac,  531. 

3.  The  "oomites  in  fasce  libelli"  (Juv.  vii. 
'>7;  see  Mayor's  note)  are  the  extracts  from 
•4viaad  otho"  matters  connected  with  his  6rMr/, 
^feich  the  barrister  brought  into  court.  (Cf. 
Jw.  vi  244.) 

4.  lAtUm  is  used  by  Roman  jurists  as 
-i^iralent  to   Oratio  Prmcipis.      [ObatioNES 

y  The  word  Ubeilut  was  also  applied  to  a 
^^>net  J  of  writings,  which  in  most  cases  probably 
*="9uted  of  one  page  only : — 

a.  To  any  ^ort  letters  or  reports  addressed 
v>  Ue  senate  or  private  individuals  (Suet.  Jul. 
iii^.  84;  Cic  ad  Fam.  zi.  11). 
V  To  the  bills  or  programme  called  Kbeili 
^^^otorUy  or  nuaurarH,  which  persons  who 
^▼e  gladiatorial  exhibitions  distributed  among 
••^  people.    [Gladiatokes.] 

^  To  petitions  to  the  emperors  (Juv.  liv.  194; 
^«t.  iii^.  53;  Mart.  viii.  31,  3;  82,  1).  The 
^peron  had  their  especial  officers  or  secretaries 
«^  attended  to  all  petitions  (Obeitis  prae/ectua, 
'T  naqiiter  KbeUomm,  or  a  libeUis,  Dig.  20,  5), 
'■3d  who  read  and  answered  them  in  the  name 
^  tbc  cmpesor  (Suet.  Xhmit   14).    Such  a 


libellus  is  still  extant.    See  Gruter,  Inaeript, 
p.  DCVII.  1. 

d.  To  the  bill  of  appeal  called  libettuB  appaUa- 
iorius,  which  a  person  who  did  not  acquiesce  iu 
a  judicial  sentence  had  to  send  in  after  the  lapse 
of  two  or  three  days.    (Dig.  40,  1.) 

e.  To  the  bills  stuck  up  in  the  most  frequented 
parts  of  the  dty,  in  case  of  a  debtor  having^ 
absconded  (Cic.  pro  Quint,  6,  15,  19 ;  Rein,  £ihn, 
Privatr.  p.  499).  Such  bills  were  also  stuclc 
np  on  the  estates  of  such  a  debtor,  and  his  friends 
who  wished  to  pay  for  him  sometimes  pulled 
down  such  bills  (Senec.  de  Bene/,  iv.  12). 

/.  To  bills  in  which  persons  announced  to  the 
public  that  they  had  found  things  which  had 
been  lost,  and  in  which  they  invited  the  owner 
to  claim  his  property  (Plant.  £ud,  v.  2,  7,  &c ; 
Dig.  47,  2,  44).  The  owi|9r  gave  to  the  finder  a 
reward  (cSpcrpa)  and  received  his  property  back. 
Sometimes  the  owner  also  made  known  to  the 
public  by  a  libellus  what  he  had  lost,  stating 
his  name  and  residence,  and  promising  to  give  a 
reward  to  the  person  who  found  his  property 
and  brought  it  back  to  him.  (Propert.  iii.  21, 
21,  Ac)  [L.  S.]    [G.  E.M.] 

LIBEB  (filfi\0Sf  MJdov),  a  book.  But  it 
must  be  recollected  that  these  words  in  Greek 
and  Latin  until  a  very  late  period  mean  a  book, 
in  the  form  qf  a  roll,  as  will  be  explained  below, 
and  that  the  modem  book  shape  was  used  only 
for  the  codex  (in  Greek,  re&xof :  see  Codex), 
and  not  for  literary  publications.  The  name 
liber  itself  is  either  a  misconception  or  a  relic  of 
antiquity  applied  to  something  different.  It 
means  **rind"  or  ''bast;"  but  there  seems  no 
doubt  that  not  the  rind  of  the  papyrus,  but  the 
pith  (which  Cassiodorus  rightly  gives  as  medul- 
UUy,  was  used  to  make  paper  {chartd).  The 
true  liber  or  bast  is  thought  to  have  been  used 
in  pre-historic  times  for  writing  in  some  form, 
as  were  also  leaves  of  trees  (Plin.  H.  N.  xiii. 
§  69);  but  this  has  nothing  to  do  with  the 
material  of  charia ;  nor  has  the  substance  ^t/yro, 
which  Pliny  seems  to  apply  wrongly  in  describ- 
ing the  manufacture  of  paper.  Phil^ra,  as  Pliny 
himself  elsewhere,  (xvi.  §  65)  explains,  was  the 
inner  bark  or  skin  of  the  lime-tree,  which,  aa 
it  happens,  was  also  used  for  writing,  though 
not  in  the  form  of  cAorto  (Olpian,  Dig.  32,  52). 
It  is  unnecessary  to  go  further  here  into  thia 
point,  which  is  fully  discussed  by  Birt  {AnHhe 
Buchiceseny  p.,  229  sq,).  The  same  view  ia 
adopted  by  Marquardt  {Pnvaileben^  800)  and 
Blumner  {Technologies  i.  309).  Of  the  linen 
material  for  books  little  need  be  said.  It  belonged 
to  very  early  times  among  the  Romans ;  for  the 
Libri  lintei  are  referred  to  by  livy  not  as  exist- 
ing in  his  own  time,  but  as  mentioned  by 
Licinius  Macer  (liv.  iv.  7,  13,  20,  23).  They 
were  not  booAsj  but  merely  public  records  with 
lists  of  magistrates,  kept  in  the  temple  of  Juno 
Moneta.  Livy  also  speaks  of  a  Samnite  ritual- 
book  as  a  "  liber  vetus  linteus "  (x.  38).  In 
much  later  times  linen  was  used  for  note-booka 
by  Aurelian  (Vopisc,  Aur.  i.  7).  The  Egyptian 
papyrus  of  which  paper  (chartay  was  made 
formed  an  article  of  trade  before  the  time  of 
Herodotus  (v.  68).  He  calls  the  plant  /S^/SAor 
or  fiifi\os,  but  Theophrastus  distinguishes  vd- 
mtpos  as  the  plant  and  $i$\os  as  the  pith,  the 
true  material  of  the  paper.  It  was  so  largely 
exported  that  Cassiodorus  (Ep.  xL  38)  ^aka  of 


68  UBEB 

tba  abolitioa  of  U»  tax  q^b  it  bf  ISiMdaTta  oi 
the  [imoval  of  an  impediniHit  to  launing.  The 
p»pjTiu  plant  gtom  io.  Bwampa  to  a  height. of 
too  feet  or  more,  and  paper  irai  niaDnfactand 
frmn  it  (phnoipal))'  at  AlnnDdria,  but  aba  at 
~  Itome)  in  the  follonring  manner  (ne  PJiDf,  liii. 
S  77). '  The  pith  ot'  Che  papjroa  wm  cut  iuto 
itripa  called  tMdae  (or,  in  Fegtoe,  inae)  ;  th«M 
atripa  irara  placed  alanpide  ooa  aeether  on  a 
wettfid  board,  and,  if  tken  iraa  not  glatinooa 
propartT  enoagh  in  the  papain,  tbej  wen 
smeared  with  pMte:  upon  them  tranaranetj 
vai  plaoed  a  aecood  layer  fanning  a  eron  pat> 
tarn  or  network  :  the  whole  va*  pruned  and 
baalen  into  a  cutuiitMit  form  and  imoethed  dowm 
with  an  iiorr  ioitrnmEnt  (hence  cAorla.dMitata), 
or  a  shell  (Mart.  xt.  209),  fbiming  a  lingla  page 
(jiagiiia,  atKli),  which.  «M  called  in  its.  mano- 
bctere  plagida,  becanee  of  the  network  pattern 
in  tha  initial  atige  (cp.  the  eiprsMonj  "  l^Mre 
chartam,"  frpia  Ri^mt,  it).  Plinj  ((.  c),  un- 
leM  the  nading  ii  altered,  icema  to  think  Chat 
the  Nile  water  ilaelfactadaa  a  paata:  thia  is  in 
itself  highlj  improbable,  and  we  mnj  more  lafelf 
condnda  that  the  papyriu  itself  jiclded  the 
glutinous  snbstaDce  when,  a*  in  Egypt,  it  wai 
freah,  bat  when  it  was  imported  nod  dry  tha 
paste  was  neceisary,  which  Pliny  deaeiibei  aa 
mad  at  Bome.  Pliny  iHikcni  nine  aorta  or 
qnalitiea  of  paper:  (1)  the  beat  ecit  had  once 
bean  called  in  Egypt  kUraiica,  because  it  was 
ipeojally  oseil  for  saczed  books,  but  in  the  Em- 
pire it  was  called  Aitgtuta,  and  was  13  duflti 
broad,  and  from  a  similar  complimeat  the  second 
quality  was  called  Lifia,  to  Chut,  as  Pliny  notao, 
the  latratiai  was  relegated  to  the  third  dasa; 
(4)  the  amplutlieatrioa,  ao  called  becaosa  icwaa 
manaraotniwd  near  the  amphrthvatre  at  Alai- 
andrla,  9  digili  broad :  (5)  an  improvement  upon 
this  by  a  Roman  Fannius,  and  therefore  called 
Fmntana,  10  cUgiti  broad ;  (6  and  7)  Saitka  and 
Taaniotiea  (8  digiti),  lO  called  from  the  places  of 
their  mannfactun  in  Egypt ;  (S)  emporttaa, 
nasi  not  for  wiiting,  bat,  as  the  name  saggesta, 
for  wrapping  up  parcels.  Later  in  Claudina's 
reign  came  the  Claudia,  which  was  a  foot  broad, 
and  was  regarded  a*  aa  improTement,  because  it 
was  thick  enoogh  for  writing  oa  both  sidei, 
whereas  the  Aognsta  was  thin  and  transparent,. 
and  could  only  take  writing  on  one  aide.  Parch- 
it  (lumtnuia)  wai  alao  a  common  material 


aooount  seemi  l«  be  that  great  impmmoeit 
in  the  preparation  of  Si^Wos  was  intro- 
duced either  by  Liunenes  ot  Attilna  at.  I^r- 
gamum,  whence  the  term  ptrganttaa,  parchment, 
inaimnch  as  farmarly  ijfit^  were  naed  (like 
lAarta)  only  OB  one  aide,  and  now  they-  were 
smoothed  for  writing  on  both  ildei,  and  in  thii 
improved  form  exported  to  Rbme.  Bnt  it  it 
important  to  notioa  that  ofcirCa  was  until  long 
after  the  Augnatan  age  exoiuairely  uaad  fut 
lilarary  publicationo.  Parchment  was  bownd  tn 
the  oodei  form  (or  book  shape),  and  nard  for 
accoont  booka,  for  willa,  and  for  notes.  In  fact, 
it  competed  rather  with  wax  tablets  tbsii  with 
paper.  The  msmtrma  in  Horace,  ^1.  iL  3,  2, 
A.  P.  38S,.1b  need  for  the  rongh  copy  of  poems  lo 
be  altered  aad  pukliahed  l^er  ("deleca  licebii 
qoodnoD  ediderii");  and  tha.  same, puipoac  ii 
served  by  the  parchment  la  a  diptych  auutnd 
yellow  in  Juv.  <riL  34.  Far  bookt,  iia.  litararT 
publications,  the  codai  was  used  iirst  by 
ChHatian  writers,  beginning  with  the  ootlicaa  uf 
the  pacrad  writings ;  for  other  writingB  aiwcelv 
before  tha  second  half  of  the  3rd  oantuxr,  and  in 
geoerat  use  not  before  the  Sth  centnry-  Eioep- 
tions  to  thia  appear  in  Martial,  liv.  188,  190. 
leSi  but  the  mtabrana  there  may  otaly  refer 
to  the  wrapper,  which  enclosed  the  ri^ :  cf.  Uart. 
i.  3,  3.  Letters  were  written  on  wai  tableta  or 
QB .  paper,  not  on  parchment.  That  the  aviird 
^iinpititus  in  Cic  Fool.  viL  18  dnes  not  gaijuay 
this,  is  ahowB  hy  his  use  of  dnrtula  in  thai 
passage. 

The  pages  {oiMttt,  jMgimu)  having  brca 
prepared  in  the  manner  dtacribed  sbova,  th«y 
were  pasUd  together  jconglMtinaiae)  to  fom  a 
long  roll;  but  scmeCimea  thepageswere  writti;n 
first  and  paated  into  a  roll  afterwards,  for  which 
purpose  some  people  kept  glvtotolarvs  (Cic  Alt. 
iv.  4).  Tbe  writing  was  in  columns,  so  that  the 
lines  of  writing  were  parallel  to  the  sides  of  th« 
roll :  on  each  page  there  was  a  eeluun,  and 
there  was  a  blank  spaoa  between  each  cDlumn. 
Down  to  tha  time  of  Caesar,  however,  it  was  the 


cAorta ,'  that  ii  to  lay,  acnw  the  whole  breadth 
of  tha  roll,  so  that  the  lines  of  writing  were  at 
right  angles  to  the  sides  of  the  roll.  This  ei- 
pUios  the  passage  in  Suet.  JvL  56.  The  shnpc 
and  appearance  of  Greek  and  Soman  hooka  will 
be  imdentood  from  the  following  woodcot. 


:  the  Jews,  it  hsd  I 
he  Egyptian!  (Diod. 
i   see   Birt,    p.  49). 


well  known, 
what  papyrus 
33;  Herod,   v 

is  therefore  not  strictly  correct  of  Vi 
FliD.  liii.  S  70)  to  say  that  parchment  for 
writing  was  an  invention  of  Eumenes  U.,  king 
of  Pergamum  (about  180  D.O.)i  in  consequenct 
of  the  Jealooiy  of  Ptolemy  Epiphanes,  who  pro- 
hibited the  eiportation  of  papyrus.  (Jerome 
tella   ^e  same  story  of  Altatos.)    The   tme 


(From  a  painting  at  Bi 

The  roll  was  sometimes  of  Gousidenhla  length. 
The  Scholiaata  indeed  (quoted  by  Blrt,  p.  444) 
speak  of  Thucydides  and  Homer  being  written 
each  in  one  long  roll.  The  roll  ofThscydidee  i> 
estimated  ^t  about  578  pages,  nearly  100  yards 
— surely  an  incredible  length;  and  a  Hoinrr 
roll,  120  :rardi  In  leneth,  is  said  to  have  been  in 
existence  st  Conitantinopie.  But  thia  wai  cer- 
tsialy  not  the  usual  system,  ami  the  roll  rarely 
eicacded  100  pages  (cf.  Mart  viii..44),  and  wat 


USSR 


LIBEB 


59 


«s»Of  awh  tnimller.  It  was  eustoaarf  io 
ditidea Urng  work (opva  or  corpus)  into  sereral 
bwb  (An);  -tadi  Kber  beiog  ift  one  roll* 
(nimm;  ia  Oreek,  rofi^f  or  ic^AcySpos). .  €keek 
vritffs  •sBctimta  called  these  /An  or  diTisions 
ef  t  wwi  fffgAtflt.  aometimes  X^yai,  and  in  the 
ktcr  Empim  tfvyyp^Mtcnro.  Thins,  in  contraat 
*c  Hm  ka^  roll  of  Homer,  said  to  hare  been  at 
(Vs5tuitinopl«,we  hare  the  papfr^  of  the  24tk 
bftok  of  the  Iliad  from  Elepbmtine,  so  that  the 
■^piete  Iliad  wonM  haTO  been  in  24  rolls  or 
rrlvscs.  Tha  pages  were  numbered,  or  at  anj 
nte  the  total  mmber  was  nsnally  put  on  the 
ishhs :  ersa  tin  total  iramber  of  Terses,  or  of 
;ciies  is  a  proae  work,  w«re  sometimes  written 
«a  it.  Thns  Joaephus  reckons  60,000  ^rtxoi  at 
thf  end  of  hia  20th  book  of  Antiquities,  and 
Jcstisian  gires  io  the  Digests  '^centmn  qnin-' 
qnpata  pacoe  miHa  versvam."  The  price  of  tho 
toc-k  was  in  part  catimated  by  this  nataber,  and 
Miiqvardt  cites  an  edict  of  Diocletian  (C  /.  L, 
m.  p.  851)  in  which  the  payment  of  the  copyist 
ms  Hxed  at  so  much  for  every  hundred  lines. 

The  wiitin;  was  usually  only  on  one  side  of 
the  paper.  The  other  side  in  cast  books  was 
Uibsed  far  schoolboTS*  exercises:  "libelle 
tiTcrsa  pocris  arande  charta  "  (Mart.  ir.  86),  or 
u  ftribbliBg  paper  (Mart.  riii.  62).  Both  sides 
««Te,  howerer,  sometimes  used  for  the  original 
vork,  and  the  books  were  then  called  cpiatko* 
ytsfid  (Plin.  Ep.  iiL  5t  see  Juv.  i.  6^  and 
Maror's  note).  SomeUmes  the  wriUng  was 
5p(n|ed  out  {aa  in  a  parchment  palimpsest)  and 
t  *  paper  used  over  again.  This  is  the  point  of 
ttejoke  made  by  Augustus,  '*Ajacem  suum  in 
T^/mbu  incidlsso  "  <Suet.  Aug.  82). 

The  foU  was   protected  against  worms  by 

be»i^  raicared  with  cedar  oil,  which  gave  the 

ptper  a  yellow  tinge  (Or.  Trist,  Ui.  1,  18 ;  Mart: 

m.  2;  Hor.  A.  P.  331):  then  the  last  leaf  was 

psted  en  to  «  thin  piece  of  wood  called  the 

t-in/icst  or  SfM/^cKas  (the  wnhUicus  is  found 

il«Q  made  of  tightly-folded  paper).     Hence  the 

hit  page  is- called  eadkatoooUiim  (Mart.  ii.  6); 

od  the  exprcasioB  ''ad  umbilicnm  adducere'* 

-snaz,  t»  finah  <cf.  Hor.  Epod,  14,  8 ;  Mart.  ir. 

^9)  =  -'ad  oemua,"  Ifart.  zx.  107.    The  edges 

if^^  of  the  roll  were  carefully  cut,  and  lUso 

*3-^th«d  with  pvmioe-stone,  whence  the  book  is 

**nnBice  mnndna  "  (Or.  Tritt.  iii.  1,  13;  Mart. 

i.  '>:,  Tiil  72 ;  Cstull.  xxii.  8 ;  Tibnli.  iii.  1, 10^ 

Tl(r»  is  an  amusing  mistake  in  Isidore's  state- 

Bat,  *'CSrenmcidi  libros  primum  Siciliae  inoro* 

I  Tit,  nam  initio  pumicabantur,"  where  he  haa 

c^Tised  wksiiim^  *«to  cia**Qiica\  with  Sicilia. 

Hit  ftttcment    is   adopted    by   some   modem 

Alters,  but  there  seems  no  reason  to  doubt 

tlut  the  book  was  both  cut  and  smoothed  with 

rnr.tr«*stone.      As  a  further    de^oTHtion,   the 

*i^^  (c9nnn)  of  the  lanhUiau  were  sometimes 

.  tiMed  u  fitf  as  they  projected  (Mart.  viii.  61). 

The  edges  themselTes  {fiins)  were  also  coloured 

«i->a  fraitM,  Or.   TVist.  i.  1,  8).     A  strip  of 

w^QscntOB  which  the  title  or  subject  of  the 

^c.  sad  sooMtimea  its  number  of  pages  or  eren 

'2«s  was  written,  was  paatcd  on  to  the  roll. 

Ct  this  sense  ''praetexat  summa  fastigia":=: 

"T^actexat  ftontes.*')     This   strip   was  called 

MWn  or  aufear,  in  Greek  trirrvfioi  or  ofrrv/Sea 

(^.  Alt   ir.  4).     (Others   spell    the  word 

^-Ui^  but  see  Phot,  and  Hesydi.  a.  v.  and 

^tttides    note,    PrivtOUbmr   817.)     This 


HHUua  or  indfel  wi»  often  painted  a  bright 
colour,  and  perhaps  the  ''lora  rubra"  (Oat nil. 
22,  7)  have  the  same  meaning  (though  Otfll 
t&kes  the  words  to  stand  fbr  the  parchment  caAe). 
Finally,  a  cover  fbr  the  roll  (m«m6nafia,  Zt^pa) 
was  made  of  parchment  coloured  red  or  yellow, 
**  Lutea  sted  nivenm  inrolvat  membrana  lihellum  " 
(Tib.  iii.  1,  9),  which  is  caWed  purpurea '  togOf 
and  also  smdoi^  (Mart.  x.'9d ;  xi.  1>.  If  ono 
work  was  in  several  i&fri^  they  were  tied  Id  a 
bundle  (Jaaces,  faaciculuSy  Qell.  ix.  4,  or  Utrfojy 
So  Aristot.  fr.  134:  ^tr/ua  Ttiyu  woXX^ 
iatavutSnf  K^yvr  'lo^oKporcftoy  «vpi^^p«<r9Bu  ihrh 
T&p  0tfi\M»rt0\£e¥,  The  only  other  addition  to 
be  noticed  is,  that  occasionally  the  portrait  of 
the  author  was  placed  on  the  first  page  of  the 
book  (Senec.  de  Tronq,  An,  9;  Mart.  xiv.  186). 
It  is  for  the  imaglnatire  a  matter  fbr  specula- 
tion whether  the  portrait  of  Virgil'  in  the 
Vatican  edition  is  the  copy  of  an  original. 

In  reading,  the  roll  {liber  or  odTtoiten)  was 
held  in  both  hands  and  unrolled  with'  one,  vfhile 
the  other  rolled  it  up :  the  unrolHng^was  called 


-  Book  beU  bra  crowned  Poef.    (From  a  painCftig  at' 

Hercolaneoai.). 

evolvere,  revolvere,  or  volvere ;  going  right 
through  was  called  explicare:  rolling  up  again. 
convolverOf  replicare,  or  complicare  (Cic.  (?.  F. 
iii.  1,  5).  So  in  Mart.  iv.  82,  **  charta  plicetur  " 
means,  **]ei  it  remain  unread";  "opus  expli- 
citum  "  (xiv.  1)  means  "  read  all  through  "  (of. 
" ezplieet  Tolumen  suum,"  C\c. propose,  An\.  35, 
101).  In  rolling  it  up  tightly,  it  was  couTenient 
to  do  so  by  holding  the  umbilicus  with  both 
hands  while  the  first  page  was  pressed  under  / 
the  chin.  This  is  the  meaning  of  ^  quae  trita 
duro  non  inhorruit  mento"  (Mart.  i.  66;  cf. 
X.  93)  and  ^  pd  o^  hforyifohs  wtus  ris  iyei0Xi^€i 
wphs  rh.  ywM.  riBtis,  in  the  Anthology.  The 
abore  apparatus  of  a  book  is  given  completely 
by  Martial  ^ii.  2) : 

**  Oedro  nunc  licet  amboles  perunctos 
St  fifontis  gemlno  decens  honore 
Pictis  Inxorieris  nmbilicis ; 
5t  te  purpura  delicsta  velet 
Et  coooo  rubeat  superbns  index." 

The  multiplication  of  books  at  Rome  began 
after  the  conquest  and  pacification  of  Italy^  but 
booksellers'  shops  were  not  known  until  the  end    ^ 
of  the  Bepublic.    The  oarliest  mention  of  such 


60 


LIBER 


shops  is  in  €ic.  Q.  Fr.  iii.  4,  and  Phil.  ii.  9,  21; 
bat  they  were  then  still  uncommon,  and  we  find 

CAtticos  selling  books  for  the  copying  of  which 
he  had  a  large  number  of  slaves  (Cic.  Att,  ii.  4). 
Booksellers  were  called  Ulfrarii  and  also  bibliO' 
polae  (Mart.  iv.  71,  &c.),  and  in  Greek  fiifiXto- 
KdmiKoi.  Horace  gives  us  the  name  of  the 
Soeii  (Ep.  i.  20,  2 ;  A.  P.  345).  Martial  names 
several,  and  specifies  Argiletum  as  the  book- 
sellers' quarter  (i.  3,  117)  :  there  were  also 
the  Vicus  Sandilarius  (Gell.  xviii.  4)  and  the 
Sigillaria  (Gell.  v.  4).  There  were  booksellers, 
too,  in  the  provincial  towns,  e.g.  at  Lugdunum 
(Plin.  Ep,  ix.  11 ;  cf.  Hor.  Ep,  i.  20,  13^  at 
Brundisium  (Gell.  ix.  4).  As  to  the  price,  we 
have  no  very  clear  information ;  but  it  would 
seem  that  a  book  was  not  necessarily,  as  regards 
cost  of  production,  very  expensive,  though  it 
might  from  specisd  circumstances  command  a 
large  price.  Gellius  (ii.  3)  speaks  of  the  2nd 
Aeneid  being  bought  for  viginti  aurei  =  nearly 
£18;  but  it  was  an  antiquarian  curiosity,  as 
being  reputed  (however  unlikely  that  might  be) 
Virgil's  own  copy :  and  as  a  literary  tradition, 
possibly  untrue,  it  was  said  that  Aristotle  gave 
three  talents  for  an  autograph  MS.  of  Speusippus, 
and  Plato  nearly  two  for  three  books  of  Philo- 
laus  (Gell.  iii.  17).  Such  instances  merely  show 
that  book-fanciers  lived  then  as  now,  and  price 
was  regulated  by  fashion  and  rarity.  Trust- 
worthy copies  of  Ennius,  for  instance,  Were  so 
rare  in  the  time  of  Gellius  that  one  of  un- 
doubted authority  was  hired  for  a  large  sum  to 
decide  a  dispute  as  to  the  reading  '*  quadrupes 
ecus**  or  '* quadrupes  eqyies**  (Gell.  xvii.  5). 
That,  on  the  other  hand,  the  real  cost  of  produc- 
tion was  not  great,  may  be  seen  from  the  fact 
that  Statins  {SUv,  iv.  9,  9)  speaks  of  a  book 
(possibly  one  of  his  own)  in  a  neat  purple  cover 
costing  about  fivepence :  the  first  book  of  Mar- 
tial, in  the  shop  of  Atrectns,  cost  5  denarii  (Mart, 
i.  117);  but  even  that  was  dear;  for  the  book- 
seller Tryphon  could  sell  it  at  a  profit  for  two 
(Mart.  xiii.  3).  The  author's  profit  could  be 
made  (1)  by  selling  his  original  copy  to  a  book- 
seller (Sen.  de  Ben,  vii.  6 ;  Suet,  de  Qr.  8), 
(2)  by  selling  copies  made  by  his  own  slaves :  but 
in  the  absence  of  all  legal  protection,  the  gains 
so  to  be  made  were  very  small,  and  the  author 
who  sought  profit  from  his  writing  depended 
mainly  on  the  liberality  of  rich  patrons.  (See 
Friedliinder,  vol.  iv.  p.  66-120,  French  transla- 
tion ;  Birt,  ch.  vii.) 

How  early  or  to  what  extent  booksellers 
existed  at  Athens  is  a  matter  of  dispute.  It  is 
not  unreasonable  (with  Birt  and  Becker)  to 
deduce  from  the  mention  of  $i$\ioypdpoi  in 
Cratinus  (Poll.  vii.  211)  that  they  existed  as 
early  as  430  B.C.  This  name,  for  which  fiifiXw" 
wtiKiis  was  afterwards  used,  would  imply  that 
the  first  booksellers  were  copyists  who  both 
copied  and  sold  books:  and  though  Boeckh 
thinks  that  the  proverbial  use  of  \6yoi<raf  *tpiU' 
Z9»pos  ifiwopf^aif  with  Suidas's  explanation, 
implies  the  rarity  of  such  a  trade,  even  after 
Plato's  time,  we  have,  on  the  other  hand,  the 
statement  of  Xenophon  (^Anab.  vii.  5,  14)  that 
books  were  on  side  even  at  Salmydessus;  we 
have  a  book-market  (rh  fiifixla)  at  Athens  in 
the  time  of  £upolis  (PolL  ix.  47) ;  and  we  might 
conclude  from  Aristoph.  £an.  1109,  fiifiMoy  r* 
^X^*  *KOLaros  fmyOdwti  rh  d^{ia,  that  books  were 


LIBER,  LIBERTAS 

then  easily  to  be  purchased :  and  the  same  ma| 
be  inferred  from  the  mention  of  the  book  coi'i 
lector  Eudemus  in  Xen.  Mem,  iv.  2.  It  U 
indeed  probable  that  the  well-known  passage  in 
the  Apology  (26  D)  is  wrongly  adduced  as  &^ 
additional  argument.  When  Socrates  says  that 
you  can  buy  the  opinions  of  Anaxagoras  at  the 
theatre  for  one  drachma,  he  does,  not  mean,  asj 
has  often  been  imagined  (even  by  Boeckh),  thai 
there  was  a  bookstall  there,  but  simply  tbA^ 
one  drachma  would  procure  admission  to  thej 
dearest  place  (ci  wdnt  iroXAov)  in  the  theatre^ 
where  the  doctrines  of  Anaxagoras  might  U 
heard  in  some  play,  perhaps,  of  Euripides.  Tha^ 
a  book  of  Anaxagoras  could  be  bousht  there  oij 
anywhere  else  for  a  drachma  is  unukely,  sinc^ 
an  inscription  of  the  year  407  gives  the  pric^ 
•f  the  paper  alone  as  1  drachma  2  obols  a  shec^ 
(i.e.  a  single  roll  which  would  serve  for  one  smalj 
book).  (C.  Z  A,  i.  324:  see  Birt,  p.  433.) 
Without  this  passage,  however,  there  is  enoogt^ 
for  a  fair  inference  that  some  kind  of  book^ 
market  began  at  Athens  and  in  some  other  Greei^ 
towns  in  the  latter  part  of  the  5th  century-B.c.| 
(See  further  on  this  subject  Birt,  JBtichi 
we$en,  chap.  ix. ;  Becker-Giill,  ChariJdea^  ii.  160; 
Boeckh,  ed.  Frankel,  i.  60 :  see  also  art.  Biblio^ 
THECA.)  [W.  S.1     [G.  E.  M.J 

LIBER,  LIBERTAS.    The  division  of  men 
into  free  and  slaves  is  the  **  summa  divisio  de 
jure  personarum  "  (Gains,  i.  9  ;  ItuL  i.  3,  pr.): 
accoiding  as  a  man  is  a  member  of  the  one  or 
the   other   class,   it   is  decided  whether  he  is 
capable  of  having  any  legal  rights  whatever,  or 
is  not  a  mere  thing  or  chattel  in  the  eye  of  the 
law.      Free  men   were  either    so   from    birth 
[iNOENUi]  (Gains,  i.  11 ;  Inst  i.  4,  pr.),  or  thfv 
became  free  by  release  from  slavery,  in  which 
case    they    were    called    libertmi    [Libertus] 
(Gains,    loc    cit.),       Libertaa     is     defined    bv 
Justinian  after  Florentinus  (in  Dig.  1,  5,  4,  pr.) 
as  **  natoralis  facultas  ejus  quod  caique  facer? 
libet,  nisi  si  quid  aut  vi  aut  jure  prohibetar;" 
that  is  to  say,  a  man  is  restrained  of  his  nataral 
freedom  when  his   hands  are  tied   behind  his 
back,  or  when  the  law  forbids  him  to  do  this  or 
that,  though  civil  liberty  at  any  rate  does  not 
require  that  one  should  be  free  to  act  against 
the  laws  (Oc.  pro  Cluentio,  53,  146  ;  Pers.  Sat 
V.  89 ;  Dio  Chrysost.   Or.  14>     By  the  Roman 
jurists  freedom  was  considered  the  natural  con- 
dition of  man,  and  slavery  an  artificial  result  of 
organised  political  society  (Florentinus  in  Dig. 
1,  5,  4,  2 ;  Ulpian  in  Dig.  .1,  1,  4,  copied  into 
Justinian's  Institutes,  i.  4,  2 ;  1,  5,  pr.),  and  in 
their  eyes  it  was  the  first  and  indispensable  con- 
dition of  protection  from  the  law  either   to 
person  or  property.    Every  free  man  had  certain 
legal  rights;   every  ctots  had  more;    and  his 
legal  status  was  completed  by  membership  of  s 
Roman  familia  [see  Capitis  DEMnnmo],tboagh 
in  theory  every  civis  had  a  "  family  "  ("  emanci- 
patus  . . .  sui  juris  effectus  propriam  familism 
habet,"  Dig.  50,  16,  195,  2).    The  rights  which 
a  man  possessed  at  Rome  as  being  merely  fr«« 
were  those   conferred   by  the  jua  gentium  as 
represented  in  the  edict  of  the  Praetor.    A 
peregrinua  who  was  liber  had  no  oomm0rcu<m  or 
comSfium,  and  consequently  no  share  in  the  j^ 
civile:  but  he  could  own  property,  which  was 
protected  by  utiles  octtOMS  or  actiomet  in  factvm 
^Acno]:  his  possession  was  secored  by  int«r- 


UBEBA  FUGA 


LIBEBTUS 


61 


dicks;  ke  OBitld  make  a  valid  testament,  if  sach 

vu  ikt  pntiiee  of  his  own  state,  and  he  conld 

tngigi  is  oommeroe  through  those  contriicts 

w^  vers  nid  to  be  derired  from  the  jus 

gaimm,  [J.  B.  M.] 

LtBEKA  FUGA.    [EzsiLinM.] 

UBERAIjIA  were  celebrated  on  March  17. 

Tfito^  the  daj  was  ncred  to  Bacchus,  this 

Bsst  be  onderstood  of  Liber,  the  Italian  Bacchus ; 

3SJ  the  libenlia  mutt  not  be  confounded  with 

tlie  fbtinb  Dionysia  or  Cerialia,  which  were 

of  Greek  origin   and   celebrated  with  Ivdi  at 

difierent  times.     On  this  day  the  boys  who  took 

the  toga  virSis  (called  also  toga  pwra  and  toga 

hhm)  went  ta  procession  and  made  an  offering 

»  tfett  Gkpitol,   of  cakes   (/»6a),  which    were 

bought  in  the  streets  at  little  altars.    (See  the 

carieos  description  in  Yarro,  L,  L.  ri.  14,  ^  per 

totuD  oppidom  CO  die  aedent  sacerdotes  liberi, 

um  kedera  ooronatae  cum  libis  et  foculo  pro 

«aiptore  sscrificantes."    As  to  the  origin  of  the 

oiiBe,iomt  are  disposed  to  derive  it  solely  from 

toja  tSbtrOj  allowing  no  real  connexion  with  the 

fisoib  of  tlie  deity,  and  Marquardt  seems  to  take 

titts  view  (aEoottivrca/ten^,  iii.  363} :  but  (1)  the 

daj  wss  certainly  regarded  as  sacred  to  the  god 

liber  (Ov.  Foot.  iii.  371 ;  Varro^  /.  c),  and  was 

pnlably  the  day  of  an  old  Italian  festival  in  his 

iuaaar ;  (2)  tfta  offering  was  made  by  the  boys 

at  the  shzine  of  Liber  in  tlie  Capitol  ('*  liberalia 

UberoinCapitolio^''  Galend.  Faroes.);   (3)  the 

togs,  when  not  called  vinHt,  was  oftener  called 

fvj  than  Kbera;  so  Cicero  (ad  Att,  vi.  1,  12) 

»ajs,  '^Qninto  Liberalibus  togam  purani  coei- 

tibam  dare  ;**  and  Tertullian  {de  Idol.  16)  calls 

tbe  Liberalia  **  soUemnitas  togae  purae"  (cf. 

Pub.  H.  JT.  viiL  194) ;  and  in  poetry  the  name 

fva  b  the  older  (Catull.  Ixviii.  15).    While, 

iiffwever,  it  seems  most  natural  to  couiect  the 

Mffle  LtberaOa  with   the  Italian  deity  Liber, 

ta«r«  is  little  doubt  that  the  idea  of  fre«Mlom 

fnan  pupilage   vras   always  connected  in   the 

iLomsn  mind  with  this  day,  on  which  the  boy 

«a  **  liberatus  paedagogo."   But  in  truth  there 

K  no  Deed  to  quarrel  about  it ;  for  even  if  the 

uoe  of  the  god  and  the  adjective  are  not 

etynobgieally  the  same  (and,  though  Curtius 

^Btiagmshes  them,  the    distinction   is   by  no 

luiai  oertainX  there  is  no  doubt  that  Liber  was 

Teguded  as  the  god  of  freedom  at  Rome  (see 

Prdler,  B9m.  Myth.  442) :   eo  that   it  is  no 

oeie  poetic  conceit,  when  Ovid  says  of  this 

iaj: 

**  Sm  qood  ee  Liber  vestis  qooqne  libera  per  te 
Sooiitar  et  vUae  Uberioris  iter." 

Utin  writers  aometimes  use  the  word  L&eralia 
U  tisBslate  the  Greek  festival  Dionysia,  which 
■ott always  be  distinguisbed  from  the  above; 
*aA  whenever  the  itidi  UberaieM  are  mentioned, 
thej  refer  dther  to  the  Bacchanalia  or  the 
CcsisUa  (see  those  articles),  not  to  the  Liberalia 
pnperly  so  called.  (See  also  Serv.  ad  Verg. 
^  iv.  50 ;  Marquardt,  8taat$verwUttmgy  I.  c. ; 
fidler,  BSm.  Myth.  p.  445.)  [G.  E.  H.] 

UBKRAXI8  CAUSA.    [Absebtob.] 

UBERAXIB  IfAKUS.    [Hanus.] 

UBfiBAIJTAS.    [AMBITU8.] 

UBEB(rBUM  JUS.  [Lex  Julia  et  Papia 
POmaaJ 

UBEBTU8  (&MXfMpof),  a  freedman. 
L  QiiaL  (^oocemiag  freedmen,  as  concerning 


slaves,  our  information  mostly  relates  to  Athens ; 
but  we  have  reason  to  believe  that  there  was  a 
general  likeness  between  all  the  Greek  states  in 
this  respect,  though  Sparta  had  some  distinctive 
peculiarities.  When  we  remember  that  slaves 
in  Greece  were  mainly  (though  not  exclusively) 
taken  from  non-Greek  and  more  or  less  bar- 
barous nations,  but  yet  were  not  distinguished 
(like  the  negro)  by  any'special  external  mark, 
we  shall  see  how  natural  was  the  position  that 
Aristotle  took ;  namely,  that  some  men  were 
fitted  by  nature  to  be  slaves,  while  yet  the 
prospect  of  freedom  as  a  reward  for  good  work 
ought  to  be  held  before  them  (Polit.  vii.  10 ; 
Oecon.  i.  5,  ed.  Bekker).  Emancipation,  then, 
formed  a  cardinal  point  in  the  philosophic  view 
of  the  subject,  and  mitigates  the  force  of 
Aristotle^B  approval  of  slavery. 

Emancipation  was  of  course  generally  the  act 
of  the  master  of  the  slave ;  but  sometimes  the 
state  would  give  freedom  as  a  return  for  im« 
portant  pubUc  services,  compensating '  (as  it 
would  seem)  the  master  (Plato,  de  Leg.  xi. 
p.  914).  Thus  the  slaves  who  fought  in  the 
battle  of  Arginusae  received  freedom  and  even 
citizenship  as  a  reward  (Aristoph.  £an.  33, 
192,  693);  and  the  same  promise  was  made 
to  the  slaves  who  fought  at  Chaeronea  (Die 
Chrysost.  xv.  21).  Other  historical  instances 
are  known ;  and  slaves  who  revealed  a  dangerous 
conspiracy  were  always  set  free  at  Athens 
(Lysias,  pro  Call.  5 ;  wt pi  rov  oiyicoD,  16) ;  it  is 
clear  that  such  a  rule  gave  dangerous  facilities 
to  an  accuser. 

When  an  individual  master  set  his  slave  free, 
it  would  either  be  from  gratitude  or  affection, 
or  because  the  slave  purchased  his  freedom. 
Slaves  could  often  earn  money  on  their  own 
account;  at  the  same  time  they  could  not 
personally  make  any  contract  with  their 
masters  that  the  law  would  recognise.  Hence 
the  prooedui'e  was  for  the  slave  to  deposit  the 
money  in  some  temple;  the  god  to  whom  the 
temple  was  dedicated  then  bought  the  slave 
from  his  master,  and  in  the  contract  thus  made 
the  provision  for  the  freedom  of  the  slave  was 
inserted.  Numerous  inscriptions,  embodying 
such  contracts,  have  been  discovered  at  Delphi 
and  elsewhere.  Conditions  are  in  most  cases 
found  attached  to  the  emancipation;  certain 
duties  to  be  performed,  or  payments  to  be  made, 
by  the  freedman  for  his  former  master ;  or,  in 
case  the  freedman  dies  without  children,  his 
former  master  is  to  be  his  heir  (this  even  with- 
out special  contract  was,  it  appears,  the  rule  at 
Athens:  Rhetor,  ad  Alex.  i.  16;  Isaeus,  de 
Nicottr.  hered.  9 ;  and  compare  Bnnsen,  de  Jur. 
hered.  Ath.  p.  51) ;  or  perhaps  even  the  freedman 
has  to  serve  his  master  until  the  death  of  the 
latter.  It  is  worth  notice  that  the  inscriptions 
record  nearly  twice  as  many  female  slaves  libe- 
rated as  males.  It  was  not  unfrequent  for  a 
master  to  emancipate  his  slaves  by  testamentary 
disposition ;  directions  of  this  kind  are  contained 
in  the  wills  of  the  philosophers  Plato,  Aristotle, 
Theophrastus,  Straton,  Lycon,  Epicurus,  as  com- 
municated to  us  by  Diogenes  Laertius  (iii.  30 ; — 
V.  1, 15 ;  2,  55 ;  3,  63 ;  4,  72 ;— x.  21). 

For  the  security  of  the  freedman,  the  act  of 
emancipation  would  often  take  place  in  a 
theatre  (Aeschin.  e.  Ctee.  §  44)  or  other  public 
place,  tlwt  there  might  be  as  many  witnesses 


62 


UBBIKTOS 


••  poasiblf.  TJMr«  wa«»  however,  no  cecogmsed 
form  of .  oxnanoipaiioa  $  -  aad .  the  sUte  •  as  such 
took  &•  inUreat  inrii,  ^^ongh  lor  fiaoiU^ipnrposes 
li^to  of  the  freedmea  wottl4  in  >80XQe..fttate8  be 
]capt  (Cartina,  AnecfL  Jklpk,  p.  43  9qq^* 
.  'When;,  the  emanoip^tion  fr.»  «po»pkte,  and 
all  conditions  fulfilled,  the  fnsedman  (except  in 
ftpcKial  caiefl,  Mt$  in  ihat^  of 'the  elavei  who 
fought  i  at  ArgiftaMe)  tool*  the  stataa  of  a 
^fuum  or  residant  allien  ;.a9td  a«  snch  wag 
bounds,  to  choose  a«  his  patrpn  (■poon-dnys)  the 
mastev-'Who  had  set  him  ^resw  He  had  then 
certain  duties  towards,  his  .patron  (heyond,  it 
would T  appear,'  those-  of  ^thdi  ordinary  ftiroucos), 
on  th^ -transgression  of  which  he. was  liable  to 
be.prooeeded  against  at  isNViQA^OflTAfiion  Djm£]  ; 
the  .most  serious  •otfenee  would  be  choosing  for 
himself  another  .patron.  (Meier'  and<  Schism. 
AU.  Froc  p.  473,.^;  Petity  Leg*  AU.  iL  6, 
p.  261;  compare!  Plajto,.cb  Leg^  xi.  p.  915.) 
He  had  , to-  pay, the  ;Mroi«ior»  or  tax  of  12 
drachmae  yearl^»  and  a  tciobolon  besides ;  this 
triobolon  ^was.  psobably  ihe  tax  which  alave- 
holden  b*dr  to  .pay  to>  the  Republic,  for  c^yery 
slare  .they.  kept,,  so:  that. the  trioboloo  v  paid  by 
firfsdmen  was  int^Mhed  to  indemnify  ,the  atate, 
wbieh  ;W/oul4.  otherwise  haye  lost  by  eyery 
manumission  K  a  slare.  (Goeokh^  iHi6/.  Moon, 
p.  331,JTf  Sthkf  i,  403.)  iWhether  the  relation 
b^tfrssAiA  patron  and  his  fi^edman  axtanded  to 
the  children  .of  the  l^^ter,.  is  .unknown;  but 
in  w^e  lof  the  Delphic  jnscriptigns  it  is  specially 
stated  that- if  any  of  the  el^ldren  Cjf  the  freed- 
man  die  childless,  the  patron  is  to.be  the  heir. 
A  freedman  was  said  to  be  twff  kavrhv  (Dem. 
pro  Phorm*  p.  945,  §  4)^  and  the  exfiression  x^* 
4k%il  in  Dem*  o>  £verg,  etMneaib,  p.  IIQI,  §  72, 
is,  plainly  synonymous  with  '*£e  had-  been 
emancipated ; "  probably  in  Dem*  JPl^H*  ;!•  p.  50, 
§  36,  To^T  x^P^  oiVei'KTas. means  the  same  thing, 
though  from  the  context  some  difference  Is  clearly 
implied  between  these  apd  the  fUrqueoiydne  no 
doubt  to  the  imperfect  character  of  the  emanci- 
pation q{  many  freedmen. 

Freedman,  like  the  resident  aliens  generally, 
appear  to  haye  taken  much  to  commerpe.;  and 
two  of  the  bankers  whope  nam^  we  know  best 
in  all  Athenian  history,  Pasion  and  Phormio,' 
had  both  been  slaves,  and  some  years  ikfter  their 
emancipation  received  the  Athenian  ciibisenship. 
In  the  casf  of  Pasion,  this  was  the  reward  of 
services  rendered  to  the  statf . 

We  have  no  mention  of  any  emancipation  of 
public  slaves  at  Athens;  and  since  these 
generally  worked  in  the  mines,  and  were  more 
hardly  treated  than  others,  it  is  not  likely. that 
tbei|r  emancipation  was  frequent.  But  at 
Sparta  the  emancipation  of  the  helots  (who 
were,  properly  speaking,  not  slaves,  but  ferfs) 
was  frequent.  They  were  called  Neodamodes 
when  .emancipated  (Pollux,,  iii.  83X  and  formed 
from  B.G.  421,  when  they  are  first  mentioned 
(Thucyd.  v.  3^),  to  B.G.  369,  when  they  are 
laat  ro«ntioned,(Xenoph..ii&?/^  vi«  5,  24),  not 
an  incopuidarable  part  of  the  Spartan  armies. 
The  emancipat^n  of  the  helots,  required  the 
action  0^  the  state«  and  conld  not  be  qii^ied  out 
by  an  individual  (%horas,  in  Straboi  yiii. 
pk  965>  Another,  flass,  of.  enuMtcipatad  ^(ayes 
at  Spaita  were  the  ji^dtoicfi,  or  iiMmv^f  ^ho 
w€K« .  children  brcmght  jup.  with  the  ohildr«i;A  of 
(Phylarchu^  in  h^\hsP9»V^M<  .102. 


LIBEBTU8 

See  MuUer's  Donaru^  ii.  3,  §  6.)  Other  cA»ae 
are  named  in  the  same  chapter  of  Athenaetis  I 
^^ai,  &8^(nrorof,  dpuimiper,  and  Bmatratrt 
yaSrai.  The  8e0wo0'io««i^ai  served  on  botaj 
the  fleet;  of  the  other  classes  nothing  is  knovr 
(See  especially  in  relation  .  to  this  sixbjei 
Buchsensehtit^s  Besitt  wtd  JSnoerb  im  gricch 
sohm  Alterthwme,  pp«  168-181,  to-  which  tb 
article  is  much  indebted.)     [L.  S.}    [J.  R.  M.] 

2.  Roman.  Freedmen  are  defined  by  Oaicj 
i.  11,  .and  Justinian,  Insi»  i.  5,  pr.,  as  th<M 
^  qui  ex  justa  servitnte  mannmissi  auDft.**  As 
class  they  are  denoted  by  the  term  liftyilssii^  b4 
each  freedman,  in  relation  to  his  late  xnaatcl 
is  called  iibertw  (i.e.  liberaiua).  In  the  time  i 
the  censor  Appius  Claudius,  and  for  momm  tisq 
after,  iibertmtu  meant  the  son  of  a  U/bcria 
(Suet.  C/cmJ..24);  but  this  is  not  the  neestoii^ 
of  the  word  in  the  «]^ant  Roman  writers. 

Originally  there  was  but  one  species  c 
libertmi^  via*  iiberU  civea:  they  possessed  ii 
snbatanoe  all  the  rights,  private  and  public,  c 
a  free-born  citiaen  of-  Rome.  In  other  wrordi 
if  a. full  owner  of  a  slave; e»j'sr#  QtorwAntws  a«| 
him  free  in  one  of  the  three  civil  or  stst«.iorj 
modes  of  manumission  ('SisdK^  osssii«»  testae 
tnentwri),  he  became  a  ct'vts;  any  other  kiad  oj 
raanumissiony  or  even  oivil  manumisaioa  hj  < 
merely**  bonitarian  "  owner,  left  him  st  slave  in 
the  eye  of  the  law,  ■  though  protected  bjr  th^ 
praetor  in  the  actual  enjoyment  of  freedotn 
(Gains,  iii.  56>  The  children  of  Uttrii  doei 
were  ingenuS* 

Legislation  under  the  first  two  emperors  had 
the    effect   of   creating-  two   new  -  classes    of 
freedmen.     The    Lex    Aelia    Sentia,    jlj>.    4„ 
enacted  that  slaves  who  had  been  put  in  chains 
by  their  masters  or  branded  as  a  punishment, 
or  convicted  of  crime  after  tortnre  or  imprisoned, 
or  made  to  fight  in  the  arena,  or  entered  at  the 
gladiatorial    school,    shonld,    if    subsequently 
manumitted,  have  no  higher  status  than  that 
of  enemies  who  had  surrendered  at  discretion 
(*<  peregrini  dediiicU;*  Oaius,  i.  13>    The   Lex 
Jnnia    Norbana,  oi'rc    a.d.   19,  gave    a  legal 
status  to  slaves  manumitted  under  circumstanoe^ 
which  prevented  their  becoming  ctMS  without 
being  dediticii^  the  number  of  whom  must  hare 
been  largely  increased  by  other  clauses  of  the 
Lex  Aelia  Sentia  (Gains,  L  18,  38);  the/  were 
to  have  the  rights,  of  Latini  Coloniarii  (i.e. 
fx/mmtrciwn    without    oomi6ttmX  though     the 
statute  expressly  disabled  them  from  making  a 
will,  being  testamentary  guardians,  or  taking 
under  the  will  of  another  person  either  as  heira 
or  legatees  (Gains,  i.  23,  24:  see  Latihttab): 
they  were  called, Xiatini  Juniant    Henoe  Ulpian 
writes  in  the  third  century  {Meg*  i.  5):  ''liber- 
tinorum  genera  sunt  tvia:  oives  Romaai,  Latini 
Juniani,  dediticiorum  numero." 

Deditioii  were  capable  of  owning  proper^  ao 
far  as  other  peregrini  were,  but  it  went 
ineritably  to  the  patron  on  their  deoeaae,  as 
they  could  not  make  a  will,  and  had  no  sui 
hetides  or  agnates :  they  might  not  live  within 
100  miles  of  Rome,  or  be  manumitted  a  second 
time,  under  penalty  ^  being  made  alayea  again  ; 
and  there  was  no, means  by  'Wfaich  they  could 
rise,  to,  any  higher'  dvll.  condition  (Gains, 
i.  15,  26,  27).  The  righU  of  LaUni  Junisni, 
and  the  imod^  in  wfaifih  thiy  could  rise  to  the 
status,  of  .«iMtai,.«rajiott4Md  «nd0V.I«AXisaA& 


LIBmNABn 

BoUirflbH  claa»i  win  ftbalishtd  by  JiUtiiiiaD, 
■ba  Ilni  iHtond  th«  limplicitj  of  the  e&rl; 
livad  iMdc*!!  muumittHl  ilaTa  ciliicu of 
KiBc  (teL  L  5,  3 1  Cod.  T,  5  ;  T,  6). 


UBBA 


C3 


Iltmi 


whick  • 


■  rclstiDD  to  hii 
fdnna  or  qaoudim  master.  Toward!  bim  he 
■■  tomd  to  ^ow  ubanptiiBa  and  raticrfntuf,  aa 
■  c)iad  tawuib  hii  ftther  (Dig.  37, 15,  9),  aod 
« ttiat  Kcoant  be  ooald  bring  no  nction  agaiut 
tm  wh^nt  the  pnetcr's  pennwaion,  while  hs 
mill  Bat  briag  m  actio  faniota  under  any 
■tmicM  whatmir  (Dig.  37, 14,  1 ;  37, 15, 
k  7,  3 ;  Oahu,  It.  1S3  ;  /lUt.  n.  16,  3) : 
■Mil  of  tbii  iatj  ha  «ii  liable  "ia 
IcfD  i«T«Bri~  (Snet.  Claud.  IS,;  Dig. 
S7.  II,  b,  pr.>.  He  vai  alao  bonnd  to  pnmde 
Uk  patron,  bia  parenti,  and  children  iritli 
ilinanf,  if  their  circumataDen  became  rednced  i 
tai  be  cmUd  bind  himielf  to  perfona  certain 
■Brim  {operat  officialm')  for  Uie  patron  by  mere 
Klh  (jtnia  pnmiaio  HbertC),  vhieh  between 
a4itiBry  penooa  wanld  create  no  legal  obliga- 
tua  wbateter  (Dig.  33,  1,  7,  3).  tboogh  thii 
ta  Mt  extended  to  far  a«  to  redne*  him  t«  a 
lepnidRm  iBc<Kuiit«it  with  freedom  (Dig. 
44.  5,  1,  5).  Finally,  the  patnm  had  certain 
Ti^tj  of  iaheritABce  in  reepeot  of  the  freeddun'a 
fnfotj,  if  be  di^  ioteatate,  learing  no  iaauaof 
huon;  and  if  it  exceeded  a  certain  minimnm, 
hi  hid  a  daini  to  recein  ■  spedGc  proportion 
1^  it  nuder  hii  will.  Thia  aobject  i*  too  long  t« 
tv  entend  into  hen,  but  it  ia  treated  at  length 
ii  Giiaa,  iii  39-76  ;  Imt.  iii.  7. 

The  rifkti  of  tbe  patron  dcTolTnd  on  hii 
dtoaae  apoa  hit  duldran  (Gains,  iii.  58; 
Di{.  IS,  1,  39),  and,  id  far  as  they  related  to 
IMi  cmt,  oonld  not  be  bequeathed  away  by 
will  to  as  ontiider,  beewaa  they  were  baaed 
ipnthefieticmefrelaUoaahip.  Bnt  a  Senatna. 
oHDltnm  Oatoriaonni  (Jfuf.  iii.  8)  enabled  the 
FoirDD  to  aaaign  a  freeJnian  or  any  number  of 
tltm  to  any  chfbl  in  hii  power,  either  by 
^Klantiom  in  hi*  lifetime  or  by  teitamant ;  and 
if  the  child  wai  still  in  the  fatlier'i  power  at  the 
kUar'i  deeeaae,  lie  became  ade  futnuwi  of  the 
Hirti  ao  aaanad  l«  the  aichiaan  of  the  other 
tUldim 

The  patron  might  loak  hi*  righta,  either  in 
rtiie  •!  p«rt,  by  their  abnae  (Dig.  37,  14,  lb), 
n-  b;r  Hglect  of  hia  own  dnties  toward*  the 
bHima  (Dig.  «.  5,  1 ;  38,  2,  14,  pr.).  By 
•pttial  imperial  favour,  too,  a  libtrha  could 
^Hme  ■jwum,  aitd  this  in  two  waja.  By  a 
imt  of  the  jua  ambnan  aartorun,  he  acquired 
tU  pttitiDs  of  an  Htgenuut  in  relation  to  all 
>Ma  ticept  Ui  patron,  the  latter'i  prinlegt* 
maiuif  niiafli>ct«l  (firmn.  Vol.  226;  Dig. 
3^  1, 3,  pt. ;  40, 10,  6).  By  natalimn  raiiiutio, 
be  b«UK  Hajjuniii  in  every  raqwct,  the 
itiiliM  of  freedman  and  patron  bnng  ei- 
ti»«aidiad  (Dig.  40. 11,  B).  [J.  B.  M.] 

UBmNATin.  [Foiroi.] 
UBBA,  the  nnit  of  w 
RdBiia  lod  Italiaw.  The 
"fff  wai  alas  the  nnlt .  of  vaitu,  and  waa 
alU  At  (g.  *.>  The  weight  of  the  libra  haa 
Wn  fixed  by  matndogiata  aa  5050  graiui  (337-5 
F™»m>,  nmrly  IS  onacea  iTdtdnpoi*.  It 
m  4>Tid<d  into  t*elTe  ttncau  or  onnee*. 
'*  ftrther  detaib,  aee  ia,  T*L  t.  p.  30a,  and 
*w^u.  >-[P-Q.]  . 


LIBEA  (m»iUi),  a  balance,  n  pair .  of 
acalea.  The  principal  parts  of  thia  instrument 
werei  (1)  the  beam  (Jugum,  Cl^'ii  whence 
(vyir  lcTiipm=to  uieigli  (Dem.  1431};  (2)  the 
two  ivales  called  in  Greek  ti£\d>tb  (Hum.  IL 
Tiii.  69.;  uii.  209,  &c;  Ariitoph.  Sou  797> 
and  ii\iarery  (AnstO]A.  Rst.  1378).  and  in 
Latin  kmceo  (Verg.  Aai.  liL  725,  fcc).  [Um.] 
Hence  the'  verb  TaXjmTtitm  ia  employed  ii 
•quivsleDt  to  oraSfiM,  sni!  to  the  Latin  ISirv, 
and  iij  applied  M  descriptive  of  an  eagle  balsno- 
iog  his  wings  in  tbe  air  (Philostrat.  Jan.  Imag, 
6  ;  Wekker,  ad  fco.).  The.beam  was  aometicies 
made  without  a  tongue,  being  held  by  a. ring  or 
other  appendage  fixed  in  the  centre  (ae*  the 
woodcut).  When  the  tongue  working  in  .  an 
eye  {agiitdj  ia  need,  aa  in  our  acalcBj  it  ii  oiled 
ocaneH  or  ligiila  (Suet.  Vap.  2b).  The  word 
Iratma  and  the  Greek  Tftnimf  ware  nsed  of 
this  Boit  of  balance,  ai  may  be  taeU  from  Jur. 
vi.  437  and  Demosth.  p.  GO,  where  there,  are 
dcaily  two  >«aleL  .  Spactnena  of  brou* 
balancat  may  be  seen  in  the  British  .Uueun 
and  in  other  coUectiona  of  antiqnitiia,  and.  alio 
of  the  steel-yard  [SrATXOa],  which  waa  lued 
for  the  aame  pnrpoaes  aa  the  libra.  ,  The  wood< 
cnt  to  the  aHicle  Citkka  ihowa.aome  of.th* 
chains  by  which  tbe  acaies  are  Buapeodad  fsom 
the  beam.  In  the  works  of  aadent  ar^.  the 
bolancei  is.  alao  introduced  emblematically  in.  a 
great  variety  of  ways.  The  annexed  woodcnt 
IS  taken  from  a  beautiful  bconiB  patera,  repre- 
If nling  Uercnry  and  Apollo  engaged  in.eiplar- 
ing  the  fatea  of  AcJiillei  and  Uemnou,  by 
weighing  the  attendant  genini  of  the  one  aginnit 


Libra.  CFrom  an  indent  Vaae.) 
that  of  the  other.  (Winckelmanu,  ifon.  Inid. 
133 ;  UiUin,  Piatum  ifa  Vai€*  Ani.  i.  pi.  19, 
p.  39.)  A  balance  ia  often  repreaented  on  the 
rivena  of  the  Roman  imperial  coins;  and  to 
indicate  more  distinctly  its  signigcatioa,  it  is 
frequently  held  by  a  female  in  her  right  band, 
while  the  tnpporta  a  eomucopia  in  her  left,  the 
words  iEQVITAS  AVOTSTi  being  inaoribed  on  the 
mal'glBi  ao  aa  U)  denolfl  the  juatice  and  impaT' 
tiality.  with  which  the  emperon  diipented  their 

The  consteilatian  Libra  (in  Greek  (i^i)  ia 
placed  in  tbe  Zodiac  at  the  eqnlnoi,  becaiiae  it 
is  the  period  of  the  year  at  which  day  and  night 
an  equally  balanced.  (Verg.  Oiorv.i  208;  Plin. 
J.Jt  iviii.  6246;  Luoaa.  ril*.  467,  "qno  Libra 
panes  ■uminatlmrai."        [J.  Y.]    [G.  E.  H.] 


64 


LIBBAMENTUM 


LICTOB 


LIBBAMENTUM,  LIBBA'TIO  AQUA'- 
BUM.    [Aquaeductub.] 

LIBBA'BII,  Blares  who  were  employed  for 
writing  or  copying  in  any  way,  and  sometimes 
also  the  readers  or  reciters  (Anaomostak)  were 
incladed  under  this  name  (Orelli,  2872).  They 
mast  be  distinguished  from  the  Scribae  pMid^ 
who  were  freemen  [Scbiba],  and  also  from  the 
boolcsellers,  who  were  also  called  libraru  (see 
under  Liber).  The  slaves  to  whom  this  name 
of  libraru  was  given  may  be  divided  into  three 
classes : — 

1.  Lihrarii  who  were  employed  in  copying 
books,  called  Scriptores  Librarii  by  Horace  {Ara 
PoeL  354) :  these  librarii  were  also  called  aa- 
Uquarii,  or,  more  correctly,  the  antiquaarii  were 
a  special  class  of  librarii  who  were  skilled  in 
reading  and  eopvine  ancient  MSS.  (see  Isid. 
Orig,  vi.  14;  Cod.  Tneod.  iv.  8,  2 ;  Auson.  Ep, 
16;  and  fiecker-GoU,  QaUw,  ii.  423).  The 
name  librarii  was  also  given  to  the  slaves  who 
had  charge  of  libraries,  and  to  those  who  made 
up  the  book-rolls,  more  properly  called  gbiti» 
natoret  (Cic.  ad  Att.  iv.  4). 

2.  Librarii  a  ttvdiia  were  slaves  who  were 
employed  by  their  masters  when  studying  to 
make  extracts  from  books,  &c.  (Orelli,  Inacr, 
719;  Suet.  Claud.  28;  Cic.  ad  Fam,  xvi.  21). 
To  this  class  the  notarH^  or  short-hand  writer?, 
belonged,  who  could  write  down  rapidly  what- 
ever their  masters  dictated  to  them.  (Plin.  Ep. 
ii.  5;  Martial,  xiv.  208.)    [Notarii.] 

3.  Librarii  ab  epistoliMj  whose  principal  duty 
was  to  write  letters  from  their  master's  dic- 
tation. (Orelli,  Inacr,  2437,  2997,  &c)  To 
this  class  belonged  the  slaves  called  ad  munum, 
a  manu^  or  amanuenaes.  [Amanuensis.]  (See 
also  Marquardt,  Privatleben,  151,  and  fiecker- 
<3«U,/.c)  [W.S.]    [G.  E.M.] 

LIBBA'TOB  is  in  general  a  person  who 
examines  things  bv  a  /t&ra  ;  but  the  name  was, 
in  particular,  applied  to  two  kinds  of  persons. 

1.  Librator  aquae,  a  person  whose  knowledge 
was  indispensable  in  tne  construction  of  aque- 
ducts, sewers,  and  other  structures  for  the  pur- 
pose of  conveying  a  fluid  from  one  place  to 
another.  He  examined  by  a  hydrostatic 
balance  (libra  aquaria)  the  relative  heights  of 
the  places  from  and  to  which  the  water  was  to 
be  conducted.  Some  persons  at  Rome  made 
this  occupation  their  business,  and  were  en- 
gaged under  the  curatores  aquarum,  though 
architects  were  also  expected  to  be  able  to  act 
as  libratorea,  (Plin.  Ep.  x.  50;  Frontin.  de 
Aquaed.  105 ;  compare  Yitruv.  viii.  6 ;  Cod.  10, 
«6,  I.)  [L.  S.] 

2.  Libratores  (or  libritorea,  according  to  some 
MSS.)  were  soldiers  who  are  coupled  with 
*8lingers  (funditorea)  in  Tacitus,  Ann,  ii.  20, 
xiii.  39.  There  is  much  difference  of  opinion 
about  them.  Some  recent  writers  take  them 
to  be  engineers  of  some  description  engaged  in 
the  management  of  tormentOf  and  the  derivation 
librare^  **  to  level,"  is  suggested  as  though  they 
levelled  and  directed  them.  It  can  be  inferred 
from  Marquardt's  note  (Staataverwaltungf  ii.  526) 
that  he  also  classes  them  with  the  managers  of 
tormenta^  but  he  gives  no  definite  statement  of 
his  opinion.  In  Tac  Ann,  xiii.  39,  in  a  fresh 
sentence  after  the  words  '^multos  tormentis 
faces  et  hastas  incutere  jubet,"  we  find  '<  libra- 
toribus  et  fonditoribus  attributui  locos  unde 


eminus  glandes  torquerent,"  from  which  the 
inference  surely  would  be  that  they  have 
nothing  to  do  with  the  Uvmenta^  and  are  an 
arm  of  the  service  more  like  the  slingers :  axi<i 
the  other  passage  of  Tacitus  tells  the  same  way, 
*^  fundi  tores  libratoresque  excutere  tela  et  pro- 
turbare  hostes  jubet:  missae  et  torment  ij» 
hastae."  Forcellini  conceives  slings  which  dis- 
charged stones  of  a  pound  weight  to  explain  the 
libratia  or  librilia  aaxa  (cp.  Caes.  B.  G,  vii.  81). 
If  this  were  a  correct  view,  the  key  to  the 
precise  explanation  might  be  found  in  Liv. 
xxxviii.  29,  where,  at  the  siege  of  Same  in 
B.C.  189,  slingers  are  described  as  brought  from 
Achaia,  who  **  a  pueris  "  practised  slinging  saxa 
glbboaa:  the  force  is  greater  than  tbAt  of  the 
Balearic  slinger,  and  the  sling  is  not  a  aingie 
thong  but  a  triple  '*  scutale "  made  stiffljr,  »o 
that  the  missile  *Mibrata  quum  sederit  v-elut 
nervo  missa  excutiatur :  "  apparently  they  coold 
fire  more  nearly  point-blank  and  with  heavier 
charge.  But  against  this  we  have  first  the  £act 
that  the  ISbrtUorea  were  to  be  distinguished 
from  slingers  generally,  and  not  merely  froni 
Balearic  slingers ;  and,  secondly,  the  passa^  of 
Vegetius,  ii.  23,  which  tells  us  that  libralia 
aaxa  were  thrown  by  the  ?Mnd  and  with  le&»s 
preparation  aa  requiring  no  ailing  i  and  Festus 
explains  librilia  as  *'saxa  ad  brachii  crassita- 
dinem  loris  revincta."  This  suggests  the  con- 
clusion that  the  stones  were  swung  hy  th'? 
thong,  to  which  they  were  fastened,  and  dis- 
charged thong  and  all.  And  it  is  perhaps  be!>t 
to  regard  the  libratores  as  stone-throwers  em- 
ployed, not  wi^h  the  tormenta,  but  along  with  the 
funditorea  (cp.  the  Xt9o$6\oi  coupled  with  o-^y- 
Sov^oi,  Thuc  vi.  69),  throwing  with  the  hani 
by  the  thong  attached  missiles  heavier  than  the 
glana  of  the  slinger:  and  the  word  ahould 
probably  be  conned^  with  the  sense  of  nemg- 
ing  in  libra  (as  in  Livy,  /.  c),  rather  than  with 
libra,  <<  a  pound."  [G.  E.  M.] 

LICTOB  (in  Greek  writers,  poJSSovxo'  or 
pafi9o^6pos)j  an  attendant  upon  certain  magis* 
trates  and  other  persons  discharging  official 
duties  at  Rome  and  in  the  provinces.  Their 
name  has  been  derived  by  many  (foUowing 
Plutarch,  Bom,  26)  from  ligare ;  but  apart 
from  the  difficulty  of  the  form  of  the  word  for 
ligator,  it  is  clear  that  binding  was  not  the 
most  ordinary  duty  of  the  lictor,  nor  the  duty 
most  likely  to  confer  the  name.  Though 
Corssen  favours  the  derivation  from  lidian,  *•*  a 
girdle  "  (see  Gell.  xii.  3),  it  is  far  more  probable 
that  the  word  comes  from  lieere,  '<  to  summon^** 
and  that  their  original  function  was  to  summon 
assemblies :  if  so,  the  lictorea  curiatii  (see  below) 
probably  represent  the  oldest  class  of  lictors ; 
though  the  title  *'  summoner  "  might  also  refer 
to  the  magisterial  vocatio  through  a  lictor.  We 
have,  however,  no  account  of  thefr  first  insti- 
tution, but  find  them  mentioned  in  the  earliest 
tim<^s  of  the  monarchy.  Livv  (i.  8),  laying 
stress  on  the  favourite  Etruscan  number  itotl^, 
derives  the  office  from  Etroria,  and  Muller  en- 
dorses this  opinion,  in  which,  however,  as  Pro- 
fessor Seeley  in  his  note  on  that  passage  observes, 
no  great  confidence  can  be  placed,  since  there 
was  a  tendency  to  ascribe  all  ancient  institu- 
tions to  Etruria.  Virgil  (Ajen,  vii.  173)  might  be 
quoted  against  it,  when  he  gives  *'  primes  attoi- 
lere  fiuces  "  of  the  early  Latin  kings ;  but  that 


LICTOB 

ii  Dcrel J  $,  tjDonym  for  regnitm  excipere,  and 

i:  Tooid  be  abfiird  to  gire  it  any  antiquarian 

wtbsrity.    All  that  can  be  said  is,  that  thjs 

rUeodasee  was  in  earliest  times  '*insigne  re- 

jia''(LiT.  iii.  36;  IMonjs.  x.  59),  in  the  same 

vsf  w  tht  breaking  of  the  fasces  was  a  sign  of 

rtWliioQ  or  deposition  (liv.  ii.  55 ;  Dio  Cass. 

u.  i'9)i    It    is   necessary  to  distinguish    two 

kjsJs  of  lictors :   (1)  lietores  qui  magistratibua 

{'€  Oioari)  apparent;  (2)  lictores  qui  sacris 

yi^hlicit  apparait.     Both  are  handed  down  from 

t.-s«  biif Ij  times,  inasmuch  as  the  king  held  also 

t-mstlj  office,  and  it  is  impossible  to  say  which 

t'.ia  U  the  older ;  but  the  attendants  on  magis- 

tTtt«f  are  certainly  the  more  important.     They 

«rR  the  ootward  mark    of   authority:   they 

vcit  not  lent  ibr  on  special  occasions,  but  at- 

V'ltki  the  magistrate  like  his  shadow :  if  he  is 

:t  heme,  they  are  in  his  yestibule  (Liv.  xxxix. 

');  if  he  goes  to  the  rostra,  they  precede  him 

iliT.  xxiiL  23);  when  he  takes  his  seat  on  the 

tnl^QBil,  they  sUnd  by  him  (Cia  avaU,  53, 147) ; 

« hen  he  pars  a  visit,  the  lictor  knocks  for  his 

iJawiaD  (iiv.  rl  34;  Mart.  riiL  66;  Jur.  iii. 

hi).  The  sovereignty  of  the  people  is  admitted 

'^j  tbe  lictors  lowering   the    fasces   when  the 

ca.oBl  comes  to  the  con^  (Lir.  ii.  7^  Pint. 

I'f.  10),  and   Plutarjch  says  the   custom  re- 

DiiDed  to  his  own   time.    (Cicero  calls  this 

•;tbe  insolence  of  liberty : "  de  Sep.  ii.  31, 53.) 

>>  also,  if  a  magistrate  of  lower  rank  met  a 

iaperior,  his  lictors  lowered  the  fasces,  or,  if 

Vita  imperiom,  removed  their  axes;  as  Dio- 

tjvas  mentions,  when  he  tells   the    story  of 

C«7ioUa!u  ordering  this  to  be  done  as  a  mark 

•f  rt^ect  to  his  mother.    The  magistrate  must, 

k^verer,  dismiss  his  lictors  when  he  enters  the 

t^mtorr  of  an  allied  independent  state.     We 

^1  ia  Tacitos  (jinn.  ii.  53),  Germanicus  with 

rA  lictor  at  Athens ;  but  that  this  is  allowed 

ra  ai  an  ooonuics,  not  as  a  sign  of  prooonaulare 

^•penwn,  is  dear,  for  if  it  had  been  his  sign  of 

c  See  he  would  have  had  twelve. 

'  The  lictoTB  bore  fasces  with  axes,  to  show  that 

*ie  kiag  or  magistrate  had  the  power  of  life  and 

^uh.  Therefore  this  distinction  belonged  to  the 

•kuttfy.  from  whom  there  was  no  appeal ;  to  a 

'  coander  in  the  field ;  and  in  older  times  to 

•asaU,  before  the  Valerian  law  of  pracooatio 

(' >c  Sep.  ii.  31,  55):  and  the  withdrawal  of 

t^  axes  showed  the  withdrawal  of  summary 

j'r»4iietion  or  martial   law.      The  axes  were 

^hmti  alio  to  consuls  in  the  triumph,  because 

t^«7  »till  held  the  imperinm,  and  in  processus 

^'^fidaris  (Claud.  iV«*.  et  Olybr,  232).    The 

iictonictoally  carried  out  the  sentence  of  death 

»ieT  the  eld  system,  for  all  Roman  citizens 

^^•i  vere  cond^nncd,  so  long  as  the  execution 

Vis  ia  the  hands  of  the  Qnaestores  Parricidii 

'"  I'aiunviri  Perdaellionis,  as  representatives  for 

*  ^  purpose  of  the  consul  (see  articles  on  these 

■^evt):  bat,  when  executions  were  controlled 

J  tnbones  and  aediles,  who  were  not  attended 

T  Iwton,  the  death  sentence  was  carried  out 

■  *"*T  by  the  tribune  or  aedile  in  person  or  by 

i^tanufex.    The  camifex  seems,  too  (probably 

-  r  tli«  appointment  of  Tres  viri  capitales), 

«-4»r  tbe  Repnblic,  to  have  Uken  the  place  of 

•t«  JCter  for  execution  even  of  citizens :  such, 

f  '<tst,  would  be  the  natural  inference  from  the 

^'"^i^Irtion  in  Suet.  GavdL  34,  **  Qnum  spectare 

'^^aioTM  iupplicinm  eoncupisset  et  deligatis 


LIOTOE 


65 


ad  palam  noxiis  camifex  deesset,"  &e.  On 
active  service  the  execution  under  martial  law 
naturally  belonged  to  the  lictors  (Liv.  iv.  29 ; 
xxviii.  29,  &c).  The  ordinary  duty  of  the  ^ 
lictors  in  the  city  was  submovere  turbam,  i.e.  to 
make  the  people  give  way  to  the  magistrate, 
and  to  disperse  any  crowd  which  might  inter- 
fere with  the  business  in  hand  (cf.  Hor.  ii.  16, 
9).  This  duty  was  heralded  by  the  cry  ant- 
madvertite,  Le.  *'pay  due  observance  to  the 
magistrate  "  (Suet.  Jvi,  80).  Pliny  speaks  of 
this  as  **sollennis  ille  lictorum  et  praenuntius 
clamor."  From  Liv.  xxiv.  44,  it  would  appear 
that  the  technical  word  animadtertere  was  also 
used  of  the  lictor  noticing  and  reproving  dis- 
respect, unless  (which  would  make  better 
sense)  the  word  jvbere  is  added  there.  The 
lictors  are  also  the  instruments  of  the  magis- 
trate for  vocatia,  i.e.  the  summons  of  any  citizen 
who  offends ;  whereas  tribunes,  as  being  without 
lictors,  could  only  arrest  by  their  own  hand,  or 
their  viator^  but  could  not  summon  (Varro,  ap^ 
Gell.  xiii.  12);  and  resistance  to  a  lictor  was 
equivalent  to  resistance  to  the  magistrate. 

As  regards  the  number  of  lictors  allowed  to 
different  offices,  the  king  was  attended  by 
twelve ;  though  Mommsen  {Staaisrechtf  i.'  343) 
suspects  from  ^the  words  decuriae  and  decern 
primi  used  of  lictors,  that  the  number  12  super- 
seded an  original  number  10.  Twelve,  at  any 
rate,  is  the  number  given  by  Cicero,  Bep.  ii.  17, 
31 ;  Liv.  i.  8 ;  and  others.  Appian  is  the  only 
writer  who  (B,  C,  i.  100)  says  twenty-four, 
thinking  perhaps  of  the  dictator,  and  he  is  in- 
consistent in  this  (see  Appian,  Syr,  15).  As  the 
consuls  originally  performed  the  regular  duties 
of  administration  by  turns  on  alternate  months, 
so  the  officiating  consul  was  attended  by  twelve 
lictors,  the  other  only  by  an  accensus  (Liv.  ii.  1 ; 
Cic  JRep,  ii.  31, 55).  Similarly,  as  the  decemvirs 
held  office  each  for  a  day  in  turn,  the  decemvir 
of  the  day  had  twelve  lictors,  the  others  an 
accensus  each  (Liv.  iii.  33).  It  appears,  however, 
from  Suet.  Jul,  20,  that  at  some  time  the 
custom  came  in  of  an  accensus  preceding  the 
consul  out  of  office,  while  twelve  lictors  followed 
him.  There  can  be  no  doubt  that  the  state  of 
the  consular  military  tribunes  was  regulated  by 
tbe  same  principle  as  that  of  the  decemvirs. 

The  dictator  had  twenty-four  (Polyb.  iii.  87 ; 
Dio  Cass.  liv.  1 ;  Appian,  B.  C,  I  100).  Yet 
Livy  {Ep,  89)  says  that  Sulla  was  the  first  so  to 
appear:  perhaps,  as  Mommsen  suggests,  the 
dictator  was  attended  by  twenty-four  only  with- 
out the  city,  and  Sulla's  innovation  consisted  in 
his  using  them  also  within  it.  The  magister 
equitum;  nominated  by  the  dictator,  had  six 
lictors  (Dio  Cass.  xlii.  47 ;  xliii.  48),  and  the 
same  number  was  assigned  to  the  praefectus  urbi 
nominated  by  Caesar  in  his  dictatorship  (Dio 
Cass.  /.  c).  Two  belonged  to  the  praetor  at 
Rome  (Censorin.  xxiii.  3 ;  Cic  de  Leg,  Agr.  ii. 
34,  93) ;  six  to  the  praetors  in  the  provinces 
(Appian,  Syr.  15 ;  Cic.  Verr.  v.  54, 142),  whence 
Polybius  constantly  terms  the  praetor  ffrpcerriyhs 
i^air4\€KVs,  and,  treating  it  merely  as  a  synonym 
for  the  magistrate,  uses  this  adjective  to  express 
even  the  praetor  at  Rome  (Polyb.  xxxiii.  1). 
(Under  the  £mpire,  however,  the  praetor  at 
Rome  actually  had  six  lictors :  Mart.  xi.  98,  15.) 
Proconsuls  outside  Rome  had  twelve  under  the 
Republic,  as  would  belong  to  those  who  acted 


.11  conault ;  uid  thoae  of  Africa  and  Aiii,  at  any 
rate,  had  the  same  number  in  the  eulier  Em- 
,,|r*.    UlpmnCDig;.  1, 16,44X  howeTer,  .penki  of 

tainlf  the  nnmber  for  propraetora,  bat  Rye  oalj 
for  a  qaieitor  or  legalU4  pro  prariiyre  (flic,  Ait.i. 
4, 9) ;  and  for  Aagustss't  tlm*  a  propraetor  who 
WHB  the  imperial  legatvt  pro  praetore  had  onlf 
called  qjunquefoicalii. 


The  emperrji; 


:o  the  I 


liigned 


-- entj-fo«r 

(Dio  Can.  iiv.  10;  livii.  i),  but 
Empire  the  attendance  of  licton  gradually  fell 
into  diense.  It  msrki  the  impoitance  of  the 
curaiorta  uiarura  under  the  Emptre,  that  in  their 
office  they  had  tno  licton.  ' 

Aelo  the  itatusof  the  licton,  they  are  ranked 
before  vialorea  aud  praeamei,  but  after  irriba4 
and  acceasi  (Cie.  I'e^,  iii.  66,  153;  ad  Q.  F.  i. 
I,  4 ;  Orelli.  C.  I.  *109).  From  Tacitu",  liii.  27, 
we  learn  that  moit  lietore  were  freeilmeti ; 
whether  it  waa  so  in  republican  times  it  is 
impOBiible  to  saj :  in  Liv.  ii.  5S  they  are  spokes 
of  a>  belonging  to  the  piebi ;  it  ii  clear  that  at 
Rome,  whether  freeiwrn  or  not,  they  were  always 
frw.  In  the  prarincea  it  appears  from  Gellius, 
X.  3,  that  aometimes  at  least  they  were  taken 
from  tha  class  of  reduced  Itnliani  called  Brvt- 
tianL  At  Rome  there  was  a  community  of  three 
decuiiae  of  lictors  under  ten  direclora  (datm 

In  Rome  they  wore  the  toga,  which,  one 
would  gather  from  GellLu.  (.  c.  and  from  Plut. 
Rom.  26,  «ai  girded  with  the  iKtum  or  limta; 
but  Mommien  observes  that  ancient  lepre^enta- 
tions  of  lictors  do  not  shoir  theni  with  any 
girdle,  and  that  the  limns  belonged  rather  to 
uni  piMici.  Ontside  Kome  they  wore  the  red 
mgulrnn  (Sit.  ii.  20),  and  at  triumphs  naturally 
also  the  same  war-dress  (Appian,  i>un.  6],  call* 
it  x"^'  po,n*6<it):  at  funerals,  black  (Hor. 
Ep.  i.  7,  5).  The  fasces,  tied  with  a  red  strap, 
were  held  in  the  left  hand  and  carried  on  the 
left  shiiulder :  at  funerals  they  were  carried 
rerersej  (Tac.  Ann.  iii.  2;  cf.  Verg.  Aen.u.ib): 
the  fasces  wreathed  with  laurel  (laareali)  in  the 
Republic  marked  the  magistrate  who  had  been 
saluted  as  a  victorious  imperator,  and  under  the 
Empire  diatinguished  the  imperial  licton. 


The  lictors  always  walkwi  in  ^gU  file  (cf. 
V«l.  Hai.  ii.  2,  S  4i  Ui.  iiiT  **)  before  the 


LIGO  [ 

lagistmtein  office,  whence  the  last  in  order,  Khj 
was  the  principal  lictor,  was  called  })rDziniui(iJi.i 
iWe.  i.  28,  69 ;  Verr.  v.  54, 
142  ;  Tac.  Niil.  iii.  80),  but 
perhaps  also  ;>riiRiM  (Cic.  ad 
Q.F.i.  1,  T) ;  and  iha^MMf 
(Appian,  B.  C.  v.  55)  may  i 
have  the  same  meaning,  ap-  1 
plied  to  ran*,   not  onisr  of    ' 

(2)  Licioiti  ciiriatii  (not 
cunali,  as  may  he  seen  from 
Inscriptions :  see  Momuuen, 
Staatsredit,  \.'  p.  389)  were 
employed  originally  to  sum- 
mon the  Comitis  Curiata.  Of  these  there  wei 
thirty,  according  to  the  number  of- the  cnnie 
and,  when  the  meeting  of  the  Comitia  Coriit 
became  a  mere  form,  it  was  represented  b 
the  thirty  ^ieiores  cunbdi  (Cic.  Leg.  Agr.  ii.  15 
31).  Ovid  (/'<ut.  ii.  23)  speaks  of  lictors  used  i 
sacred  rites,  whom  Mommsen  with  some  prclM 
bility  takes  to  be  iictora  curiatii ;  and  he  >U 
suggests  the  possibility  that  they  acted  ) 
Jlamintt  airialet.  They  attended  specially  o 
the  Pontifei  Maiimus,  probably  the  same  anin 
ber(ten  or  twelve)  as  had  belonged  to  the  km; 
and  they  are  called  "  lietore*  curiatii  qui  lacri 
publicis  adparenC"  Tha  Flamen  Dialis  aa 
attended  by  one  of  these  lictors  (Plut.  Quaai 
Ram.  03) ;  as  was  also  any  Vestal  who  appeire 
in  public  (Plut.  A'um.  10)  :.a  similar  distindia 
was  granted  to  widows  of  emperors,  as  ihoi]^! 
they  were  priestesses  of  a  deified  husband  (Ta; 
Ann,  xiii.  2  ;  note  the  refloat  of  It  by  Tiberia 
Ana.  i.  14).  These  liciorc)  cariatU  were  coasli 
tuted  as  a  separate  decuria  (C.  /.  L.  air.  29fi). 

(3)  Ijctors  were  specially  assigned  to  atleo 
for  the  time  on  the  givers  of  games  who  hs 
not  otherwise  the  right  to  Iictora:  as,  for  in 
stance,  in  funeral  games  {Cic.  Legg.  ii.  24,  61) 
perhaps  originally  because  given  of  gamei  ntr 
so  constantly  of  magisterial  rank  that  lictoT 
became  a  customary. part  of  the  apectaclt;  a 
the    public    function   conveyed    the    tempors;^ 

(4)  in  the  games  of  the  Vicomagislri  ther 

belonged  to  separate  decuria,  to  attend  upn 
them  (Dio  Cass.  Ir.  8,  cf.  Uv.  iiiiv.  T  ;  Aso  ^ 
in  PisOA.  7 ;  and  see  article  CoHPITAUJi>  TJ 
origin  of  the  name  dntantiiUir  maj  be  gathtrt' 
from  "  ludicrum  denuntiara"  (U*-  xl^-  3;i). 

As  regards  the  attendance  of  iictora  atri  at 
funeral  (Hor.  Bp.  i.  7,  5),  it  must  be  understo" 
that  this  can  be  said  only  of  great  fuoenli 
having  a  more  or  leas  public  character,  wlie 
either  the  deceased  himself  was  of  magisleru 
rank  and  hi^  o^  lictors  attended,  or  »Wil 
funeral  gameawere  given,  and  there  w 


used  by  the  ancient  husbandmen  to  cir.i 
the  fielJs  from  weeds.  (Ovid,  tx  Pont.  i.  8,  oH 
Uart.  iv.  64;  SUt.  lAcd.  iii.  589;  Colom.  i.Sl'. 
The  Hgo  seems  also  to  have  been  used  in  tunia. 
up  and  breaking  the  clodi.  (Hot.  Cam.  iii.  i 
38;  EpUt.  i.  14,  27;  Grid,  Aawr.  UL  10,  31 


LI6ULA 


UTIS  CONTESTATIO 


67 


•vpin  Dkkson,   On  the  Siubandry  of   the 

*%iah,  I  p.  415.)  [L.  S.] 

LFGULA,  &  Roman  measure   of  fluid  ca- 

'intT,  eoDtabung  one  fourth  of  the  Citathus. 

.  -viajelU,  R.  £L  xii.  21 ;  Plin.  H,  N.  xx.  §  36.) 
it  signifies  a  spoonful,  like  cochlear  ;  only  the 
-ai  WIS  larger  than  the  cochlear  (see  Mart. 

-  i  U  and  71).    The  spoon  which  waa  called 

\  or  iingula  (dim.  of  lintjud),  from  its  ahape, 

-  L  c««(i  like  a  desaert-spooo.    (Cato,  B.S.S4; 
H,  y.  xxi  §  84 ;  Mart.  xiv.  120 ;   Becker- 


I    Ti 


•v:^  t/o/Au,  iiL  393;  Marquardt,  J^rivailebetif 
.4)  For  a  drawing  of  the  ligula,  see  under 
t'kiiLCAB,  where  the  iarfer  spoon  is  the  ligitla, 
t'.t  Msaller  the  ooddear.  The  word  is  also  need 
ft:  the  leather  tongue  of  a  shoe  (Pollux,  ii.  109, 
Ti.  SO:  Festnsy  s.  v.).  (See  under  Calceus, 
p..A>.>  [P.S.]    [G.  E.M.] 

UMA  (Phn$X  a  file,  was  made  of  iron  or 
rHi  for  the  purpose  of  polishing  metal  or 
K-yg.  tad  appears  to  hare  been  of  the  same 
f  m  as  the  instraments  used  for  similar  pur- 
Y'ies  ia  modem  times.  (Plin.  H,  N.  ix.  §  109, 
iriu.§  148,  xxxrii.  §  109;  Plaut.  Mmaedim,  i. 
I  y\  Xen.  Cyrop,  V7.  2,  33.)  [L.  S.] 

LIMBU8  {wapu^y,  the  border  of  a  tunic  or 
: '  arf,  chiefly  in  the  woman's  dress  (Verg.  Aen, 
!•  1)7 :  Serr.  ad  loc,  7).  This  ornament,  when 
''■'^pltTdd  upon  the  tunic,  was  of  a  similar  kind 
» :t  the  CrcLAS  and  Ihstita  (Scrvius  m  Verg. 
i^-.  ii.  616),  bnt  much  less  expensire,  more 
'  rinnQ  snd  more  simple.  It  was  generally 
«tTra  in  the  same  piece  with  the  entire  gar- 
:  .t  of  which  it  formed  a  part,  and  it  had 
'isftimes  the  appearance  of  a  scarlet  or  purple 
H:i  upon  a  white  ground;  in  other  instances 
«t  resembled  foliage  (Verg.  Aen.  i.  649;  Oiid, 
i'l.  ri.  127X  or  the  scrolls  and  meanders  in- 
*:  -riked  in  architecture.  A  rery  elegant  effect 
'\-  pT<*inced  by  bands  of  gold  thread  interwoven 
r  Krth  of  Tyrian  purple  (Ovid,  Met.  51),  and 
1-H  Ajjpol  or  leria.  (Festus,  s.  r. ;  Briinck, 
<^:'.  i.  483.)  Demetrius  Poliorcetea  was  ar- 
'^"f'i  in  this  manner  (xpvtrowapv^is  oKovpyitrij 
i'.-L  I>emet.  41).  Virgil  (Aen.  v.  251)  men- 
'/*«  a  scarf  enriched  with  gold,  the  border  of 
v'lh  vas  in  the  form  of  a  double  meander.  In 
*  ^'SMation  of  this  account  examples  of  both  the 
=^'«  and  the  double  meander  are  introduced  at 
*-^i  top  of  the  annexed  woodcut.    The  other 


■HB 


@(S>®(i@ 


•  «       •        I       , 

•  1        •         «         * 

;i!Uii 

i)'#'#(i)'if 

Liffllii.    (Fruin  ancient  vases.) 

■;:i  spechnras  of  limbi  are  selected  to  show 
li  of  the  pnadpal  varieties  of  this  ornament, 


which  present  themselves  on  Etruscan  vases  and 
other  works  of  ancient  art. 

An  ornamental  band,  when  used  by  itself  as  a 
fillet  to  surround  the  temples  or  the  waist,  was 
also  called  limbus.  (SUt.  Theb.  vi.  367,  AchilL 
ii.  176 ;  Claud,  de  Cons.  Matiii  Thcod.  118.)  A 
later  name  for  the  Umbus  was  lorum,  whence 
dresses  with  one  or  more  rows  of  stripes  were 
called  monoloreSj  diloreSf  trilores,  kc.  (Vopisc. 
Aurel.  46,  6).  The  makers  of  Umbi  were  called 
ImboUarU  (Plaut.  Avi,  514,  and  Wagner's  critical 
note)b  For  these  linnbi,  see  also  Marquardt, 
Frivatleben,  544;  Blilmner,  Technologic,  i.  202  ; 
Becker-Gdll,  Charikles,  iii.  255,  Qallus,  iii. 
266.  [J.  Y.]    [G.  E.  M.] 

LIMEN.    [Janua.] 

LIMITS  was  the  apron  tied  round  the  waist 
and  reaching  nearly  to  the  feet  worn  by  the 
popa,  or  slaughterer  who  attended  on  the  priest 
at  a  sacrifice  (Serv.  ad  Aen.  xii.  120),  and  by  servi 
publici  in  general  (Isid.  Orig.  19,  33).  Hence 
serci  publici  were  known  as  limo  cincti ;  and 
when  (as  in  C.  /,  L.  v.  3401)  apparitores  and 
iimo  ciTicti  are  mentioned  together  as  attending 
on  a  magistrate,  the  former  are  free,  the  latter 
slave  attendants  (see  Mommsen,  Staatsrecht,  i.' 
324).  It  would  appear  from  Gellius,  xii.  3,  that 
the  word  /icm/n  was  synonymous  with  iimus,  and 
he  states  that  the  lictors  were  girded  with  this 
Iimus  or  licium  in  former  times ;  but  Mommsen 
throws  doubt  upon  this  {Staatsrecht,  i.  375),  and 
thinks  it  arose  from  a  confusion  of  lictors  with 
servi  piiblici  and  a  desire  to  derive  theit  title 
from  licium,  since  lictors  are  never  represented 
in  such  a  driess.  That  the  licium  alone  should 
be  worn  by  a  person  seeking  stolen  property 
(whence  phrase /XT /icmm  quaercre)  no  doubt  was 
arranged  to  prevent  his  bringing  in  the  goods 
concealed  in  his  dress  (see  Gell.  xi.  18,  and  cf. 
Gaius,  Inst.  iii.  192).  [G.  E.  M.] 

LIPOMARTY'RIOU  DIKfi  (\iiro/*apTvpfou 
9(Kri).    [Martyria.] 

LIPONAU'TIOtJ  GRAPHE  (\aroyavriov 
ypob^).    [Astrateias  Graphe.] 

LIPOSTRA'TIOU  GRAPHS  (Xtrotrrpa' 
riov  ypa^).    [Astrateias  Graphe.] 

LIPOTA'XIOU  GRAPHfi  {Xtwora^iov 
7pa^).    [Astrateias  Graphe.] 

LITHOBO'LI A  {\ieofi6\ia),  a  festival  cele- 
brated at  Troezen  in  commemoration  of  two 
maidens  who  came  there  from  Crete,  and  were 
stoned  to  death  during  the  civil  broils  of  the 
place.  (Pans.  ii.  32,  6  ;  Lobeck,  Aglaoph.  680 ; 
Hermann,  Reliff.  AHerth.  §  52.)  [L.  S.] 

LITHOSTRO'TA.      [Pavimentum  ;    Pic- 

LITIS  CONTESTA'TIO.  Under  the  oldest 
Roman  civil  process — that  known  as  the  legis 
actiones — the  proceedings  prior  to  hearing  and 
judgment  were  of  an  exceedingly  formal  and 
technical  character.  The  parties,  on  appearing 
before  the  praetor,  had  to  repeat  certain  pre- 
scnbed  forms  of  words,  appropriate  to  the 
nature  of  the  particular  action,  and  to  perform 
a  variety  of  solemn  and  symbolical  acts  (e.g. 
Gaius,  iv.  16) ;  and  any  error  or  omission  in 
these  on  the  part  of  the  plaintiff  inevitably  lost 
him  his  remedy :  ^*  Ex  nimia  subtilitate  veterum 
qui  tunc  jura  condiderunt  eo  res  perducta  est, 
ut  vel  qui  minimum  errasset  litem  perderet" 
(Gains,  iv.  30).  The  object  of  these  proceedings 
was  preliminary :  they  were  intended  to  ascer- 

r  2 


68 


LITIS  C0NTE8TATI0 


LITIS  CONTESTATIO 


tain  the  question  in  dispute,  and  to  prepare  it 
for  hearing  and  decision.  The  hearing  and  de- 
cision itself  was  in  many  cases  entrusted  to  a 
prirate  person  appointed  by  the  praetor,  though 
selected  by  agreement  between  the  parties,  or  to 
the  .standing  collegia  of  judges  (decemviri  and 
centumviri) :  but  sometimes  the  praetor  would 
undertake  it  himself.  In  any  case,  however,  it 
seems  to  have  been  far  less  formal  than  the  pre- 
liminary proceedings,  which  had  always  to  take 
place  before  the  praetor  in  person,  and  to  which 
alone  the  term  legis  actio  was  applied  (Gains,  iv. 
11).  Owing  to  the  supreme  importance  to  the 
parties  of  their  being  gone  through  with  perfect 
precision,  and  to  the  fact  that  at  this  period  no 
written  records  were  preserved  of  judicial  pro- 
ceedings, which  were  purely  oral,  it  was  the 
practice  for  both  parties,  at  the  close  of  the 
formal  iegis  actio  (though  before  a  word  of  evi- 
dence or  argument  on  the  question  at  issue),  to 
appeal  to  the  bystanders  to  take  note  of  the 
proceedings,  that  if  any  dispute  subsequently 
arose  as  to  their  validity  evidence  might  be 
forthcoming  of  what  had  been  done  (cf.  Ulpian, 
Heg.  20,  9 ;  Dig.  28,  1,  20).  This  appeal  was 
called  litis  contettatio:  '^Contestari  est  cum 
utcrque  reus  dicit  TESTES  ESTOTE  " ;  **  Contes- 
tari  litem  dicuntur  duo  aut  plures  adversarii 
quod  ordinato  judicio  ('  when  the  cause  has  been 
made  ready  for  hearing')  utraque  pars  dicere 
solet  TESTES  ESTOTE  "  (Festus).  The  view  here 
taken  of  the  nature  of  litis  contestatio  is  that  of 
Bethmann-HoUweg  {Civil  Process,  i.  p.  177) 
and  Keller  {Civil  Process,  p.  281).  By  others  it 
is  held  that  what  the  parties  called  upon  the 
bystanders  to  attest  was,  not  that  the  legis  actio 
had  been  duly  consummated,  but  that  they  had 
solemnly  agreed  to  submit  their  dispute  to  arbi- 
tration instead  of  settling  it  in  the  more  primi- 
tive way  of  self-redress  (Ihering,  Geist  des 
rdmischen  Sechts,  i.  p.  171);  and  some  (e,g, 
Mayer,  Die  Litis  Contestation,  1830,  and  origin- 
ally Rudorff,  Udmische  SechtsgeschicHte,  ii.  §  71) 
go  so  far  as  to  assert  that  the  form  in  which  the 
agreement  was  made  was  per  aes  et  libram 
[Nezcm].  This  theory  is  based  upon  the  fact 
that  in  the  formulary  period,  as  will  be  seen 
below,  litis  contestatio  produced  (or,  more  cor- 
rectly, was  the  outwaxxl  sign  oO  consequences 
which  usually  are  only  producible  by  contract ; 
but  it  is  rejected  by  most  writers  on  the  subject 
(e,g.  Puchta,  Institutionen,  §  172 ;  Keller,  §  62), 
and  seems  too  fanciful  to  be  seriously  entertained. 
Others  (e^.  Heffler,  Institritionen  des  rdnu  und 
teutschen  Civilprocesses,  1825)  even  hold  that 
there  was  no  real  litis  contestatio  at  all  in  the 
legis  actio  period,  but  that  it  was  introduced 
with  the  formulary  system  to  give  a  solemnity 
to  the  proceedings  in  jure  and  their  results, 
which  in  themselves  they  did  not  possess. 

The  legis  actio  procedure  was  swept  away  by 
the  Lex  Aebutia,  circ.  170  B.C.,  and  its  place 
was  taken  by  the  system  of  formulae,  one  of  the 
main  features  of  which  was  the  universal 
division  of  the  proceedings  in  an  action  into  two 
portions:  those  which  took  place  before  the 
praetor  (m  jure)  and  those  which  took  place 
before  the  judex  (in  judicio).  The  object  of  the 
proceedinga  in  jure  was  to  fix  the  issues  to  be 
tried:  when  they  had  been  settled,  they  were 
briefly  embodied  in  a  written  document  or 
fonDola,  by  which  the  judge  was  appointed  and 


informed  of  the  points  which  he  had  to  deti 
mine :  the  actual  hearing  of  the  case  was  1 
and  not  the  praetor's  function  (Gains,  ir.  3< 
Under  this  system  of  procedure,  litis  oontestat 
in  its  old  sense  of  an  appeal  to  witnesses,  seei 
no  longer  to  have  taken  place,  for  the  best  ei 
dence  that  could  be  desired  of  the  correctness 
the  proceedings  injure  was  the  written  formu 
though  Bethmann-Hollweg  (Civil  Process, 
p.  480)  thinks  that  it  may  have  aurvired  i 
some  time  through  the  Roman  fondness  of  c 
forms,  but  at  any  rate  not  till  the  time  of  t 
classical  jurists.  The  term  **  litis  oontestatii 
however,  is  retained  throughout  to  denote  t 
point  of  time  in  the  history  or  development 
an  action  at  which  it  passed  from  praetor 
judex  (Cic.  pro  Rose.  Com.  11,  32;  12,  3 
Lex  OalL  Cisalp,  i.  48;  Gains,  iii.  180,  : 
114).  It  means,  technically,  the  moment 
which  the  matter  really  becomes  an  '^action" 
all :  the  legal  position  of  the  parties  in  resp« 
of  the  particular  suit  is  definitely  fixed ;  aj 
though  perhaps  it  is  incorrect  to  say  that  li\ 
contestatio  (in  this  sense)  produces  importa 
results  for  them,  it  certainly  is  the  si^  m 
symbol  that  those  results  have  ensued.  F 
instance,  f^om  that  moment  the  plaintiff's  rigi 
of  action  is  consumed  (Gains,  iv.  106,  107) :  1 
cannot  subsequently  sue  at  all,  or  at  any  rate  1 
cannot  sue  with  any  effect,  on  the  same  grouo 
Similarly  prescription  of  the  right  of  actic 
ceases  to  run,  for  the  action  has  been  con 
menced ;  and  consequently  also  the  defenilai 
cannot  as  a  rule  evade  condemnation,  if  tl 
plaintiff  proves  his  case,  even  though  after  Hi 
contestatio  it  should  become  impossible  for  hii 
(e,g.)  to  restore  the  property  in  dispute  ovin 
to  its  accidental  destruction.  For  these,  si 
other  points  in  which  the  rights  and  duties  of  tl 
parties  were  irrevocably  fixed  by  this  defiai* 
commencement  of  the  action  (and  which  s| 
sometimes  improperly  described  as  conseqnc 
of  litis  contestatio),  reference  may  be  mad^ 
Mr.  Posters  edition  of  Gains  (pp.  447-451, " 
edit.).  In  point  of  fact,  these  consequences! 
analogous  to  those  which  would  be  prodncedj 
contract,  and  many  writers  attribute  tr 
modifications  in  the  legal  relation  of  the  pi 
to  an  assumed  contract,  by  which  they  are 
posed  to  voluntarily  submit  themselves  to 
jurisdiction  of  the  court,  to  bind  themsekeil 
abide  by  its  judgment,  and  to  waive  any  r^' 
which  they  may  have  had  to  settle  the  vm' 
after  another  fashion.  But  such  an  assnin] 
is  in  reality  needless,  for  these  consequences 
more  correctly  be  ascribed  to  the  very  asl 
of  the  proceedings  in  jure,  the  law  implif 
ordaining  that  they  shall  necessarily  flow 
the  fixing  of  the  issues  in  the  formula  (Fa< 
InstittUionen,  §  172;  Walter,  GescMchie 
rifmiscKen  Rechts,  §  720) ;  and  if  this  viefTj 
accepted,  it  would  seem  to  be  unnecessary  {} 
some  of  those  by  whom  it  is  supported) 
regard  litis  contestatio  even  as  a  quasi-contrt 
In  the  time  of  Diocletian  (A.D.  294) 
formulary  system  finally  disappeared,  and  set 
were  commenced  and  conducted  in  much 
same  way  as  in  modem  courts  of  justice, 
procedure  being  called  simply  cognitio.  I^ 
period  litis  contestatio  denotes  the  soJdi 
statement  of  his  case  before  the  judge 
plaintiff,  and  the  similarly  summary  stst 


UDdl 

iteil 


LITBA. 

bt  tilt  ^laiuit  of  tha  aatan  of  hi*  defence, 
tndtnauHlirgimieiit  folloning  in  detail:  "Lit 
luK  cmttsUU  Tidetur,  cum  jadei  per  narra- 
u«a  Dtgotii  auum  audire  coeperit "  (Cod.  3, 
i:cICiii3,l,  1*.  1;  Cod.2,59,2,  pr.>  The 
'imt  (^niraJcDt  (j*  'ifi't  eonttttatio  in  thi>  leiiu 
..  iTK^i^  (Not.  53,  3,  2  ;  SO,  10  ;  96,  1 ; 
Uid  >iL  1,  ft).     Uuj  of  the  old   ruults  for 

.['•fiiuoo  that  the  right  DfactiDa  wiu  dq  longer 
aosmlf  eitinfniihed  (lee  Bethmaan-Uolt- 
nj,  aw  Praxa,  iiL  pp.  257-262). 

(9H  floltuEidorflri  BecM^tziooa,  a.  v.,  and 
xy.  litmtare  of  the  topic  ad  fn.,  especially 
Uia.  LOit  CouteslaliiM  nod  UrtSeil,  dud  Wind- 
k-l»ki.i<»,5ja,  9.)  [J.  B.  M.J 

LITEA  (Mrpa)  vat  the  nnit  coirespoadiiig, 
li*!i  oat  tquicaient  among  the  Oreeki  of  Sicily, 
'i^lkt  libra  of  the  Italiwu,  and  id  uie  for  weigb- 
aii  niioBi  tabiUncei,  including  copper.  The 
•i^rl  n>  Id  QIC  aa  early  aa  the  time  of  Epichar- 
itE,  ud  «cDn  frequently  in  Ariitotle.  it  Has 
imW  into  tvelTB  ounce*,  irnJiu.  [See  Pos- 
HEii.]  Writtn  like  Polybiiu  nitDniry  uie  the 
nHitnndeTtbeUttD  libra.  The  weight  of 
'Jeliin  mat  aboat  3366  graina,  218  gnimmee 
laiitKh,  ifttniogie,  2Dd  edit.,  p.  662).  The 
•-junlent  in  lilier  of  a  litra  of  copper  waa  a 
nail  tun  weishing  13'5  graina,  which  was  in 
mnoHm  BK  in  Sicily,  and  «u  the  tenth  of  the 
I'oiuihiaa  iiattr,  called  from  that  fhct  )«ce1- 
^ft<  mrif.  Polliu  (ii.  80)  giies  the  Titue 
"''  Uk  litrer  litis  a*  the  aame  u  that  at  aa 
tn™t>iiob»l(16  giaiiu);  bat  thli  is  onlr  a 
""Sk  ipproiimalion.  [P.  G.] 

LITTEBA'BUM  OBLIGATIO.   [Oblioa- 

LITC'KGIA.  [LEircaaiA.] 
UTUU3,  Mfilier  (Oie  Ebialter,  it.  1,  5) 
<:ppa«  this  to  be  an  Etruscan  word  aignifyiug 
■'^^■etrd.  but  more  probably  it  ia  connected  with 
i-*  verb  litare,  its  aognral  seiue  beiog  the 
-rifiul,  and  the  miliUry  {I'ttnii  being  ao  called 
'ns  I  rtMrnblancc  in  shape.  In  the  Latin 
•nUi)  it  ii  osed  to  denote— 

L  The  crooked  staff  borne  by  the  augurs,  with 
'Ud  ihtr  ditided  the  expanse  of  heiTen,  when 
"■-i  wilh  reference  to  divination  (tem/rfum), 
iito  itjiooi  (rvfimci) ;  the  number  of  these  ne- 
"riis;  to  the  KtiDson  discipline  being  sixteen, 
V3jrdiBjtotheRomaopracticefour(Miiller,  iii. 
'.l;CLc.d(i),r.ii.  18,42).  Cicero(iJ(  Oic.  i.  17, 
'^'Idismtiet  the  litaus  as  "  incurrum  et  leriter 
■  Hoas  iafleinm  bacillam;"  and  Ury  (i.  18) 
""btcalun  line  nods  aduncum "  (cf  Serr. 
JJ«.rlL  *);;  Marquardt,  Slaalieencattvng, 
•^m).  It  is  rery  frequently  eihibited  upon 
"ijii  of  irt.  The  figure  in  the  middle  of  ths 
y\li,wat  illastmti'iai  Is  from  a  most  inden 
'prawnrEiruacan  sculpture  in  the  posseasio 
V  iijhiiuii  (jranwnnti  EiruKhi,  torn.  ri.  tat 
''  ^' IX  leprnenting  an  anjnr  ;  the  two  othei 
■"Owmau,^!,  It  is  thought  with  muc 
pWbihlT  that  the  pastoral  ataff  of  bishops  (nc 
'"•n^xpiscapal  cmaier)  was  borrowed  aa  Tegams 
''■'fm  fmiB  the  augur's  lllniu,  which  in  the 
'"Wfl  drislian  representationa  it  eiactly  re- 
"^'•a  IStt DKLefChrMimAaiiqttituii,s.v.) 
-  i  sort  of  trnmpet  slightly  corrtd  at  the 
'■^ny  (Ftrtus,  1,  T. :  OelL  T.  8).  It  differed 
'wfrua  tie  tiiio  and  the  ODrnii(lIor.  Carnu  ii. 
't  lilLooa,!.  237),  the  foimei  being  straight. 


Lltniu.  the  Augural  Staff. 
the  sacerdotal  trumpet  (iipariiiltr  ir^irmtO- 
and  says  that  it  was  emploTed  by  Romulus  when 
he  proclaimed  the  title  of 'his  city.  Ascon.  (ad 
Hor.  Oirm.  i.  1,  23)  asserts  that  it  was  peculiar 
to  cavalry,  while  the  tuba  belonged  to  infantry. 
This  is  not  quite  conecl,  for  in  the  armies  of 
the  Sabines  and  Romani  (Ovid,  Fast.  iii.  216), 
where  the  lituxit  is  mentioned,  it  U  clear  that 
infantry  are  to  be  undentood.  The  bucinatoi- 
and  the  tuii'cm  are  both  attached  to  the  cavalry 
as  well  a«  the  infantry  (Harqunrdt,  Staaltter- 
waltung,  ii.  553).  Aa  regards  its  shape,  Seneca 
(Utdip.  733)  says,  "Sanuit  rtfitxo  classicum 
comu  Ijtuusque  adanca  stridulos  cantus  elisit 
aare."  Its  tones  are  usually  characterised  as 
harsh  and  shrill  (iln'iJar  litttum,  Lucan,  i.  237 ; 
■om'fui  acutoi,  Enoiua,  ap,  Fest.  i.  o. ;  Slat.  TAnb. 
Ti.  228,  lee.).  The  fallowing  lepreientation  is 
from  Fabretti.     See  aleo  the  represeutatioD  of 


LIXAE  were  sutlers  who  followed  the 
Bomanjegions  for  trading  purposes.  So  far  as 
thev  are  distingiiiahed  from  menxitora,  they 
sold  provisions,  while  the  mercatoiti  dealt  in 
other  wares;  but  while  in  Caesar  the  mfrcator 
stands  for  both  I.S.  G.  vi.  37),  in  Livy  aad  Taci- 
tus we  find  tixae  alone  for  petty  traders  of  all 
kinds,  distinct  only  from  the  negotiator  who 
speculated  on  a  large  scale.  Thus  in  Lir.  xxiix. 
1,  where  there  is  no  prospect  of  plunder,  the 
army  it  unencumbered  by  lixae,  i.e.  traders  who 
would  have  bought  up  what  they  could  from 
the  soldiers  ;  so  Liv.  r.  8,  "  Lixarnm  in  moduro 
negotiabantur "  (cf.  Liv.  xii.  63);  and  Hirt 
de  Bell.  Afr.  75,  "Liue  mercatoresque  qui 
plaustris  merees  portabant."  These  traders  of 
all  descriptions  had  booths  for  their  goods  out- 
aide  tha  camp,  which  were  called  canabatt  to  that 
ad  ciina6at  tigimis  means  in  the  mnrkel  quarter 
or  baiaar,  and  in  tome  caiee  out  of  these  tem- 
porary bazaars  more  permanent  settlements 
!,  becoming  at  last  transformed 


70 


LOCATIO  CONDUCTIO 


LOCUPLETES 


into  mnnicipia.  (See  Marquardt,  StaatsvcriicaU 
tungy  u  20.)  The  lixae  were  sometimes  for- 
bidden to  follow  the  legion  (Sail.  2>.  /.  45), 
from  which  it  is  clear  that  they  came  for  their 
own  profit,  and  not  as  a  necessary  commissariat 
adjunct.  They  are  sometimes  coupled  with 
caloneSf  the  slaves  who  attended  soldier;i,  though 
quite  dilTerent  from  them,  merely  because  both 
were  distinct  from  the  Hghting  army.  In 
emergencies  both  might  be  pressed  into  the 
service,  as  in  Lir.  xxiii.  16,  where  they  have 
somewhat  the  same  effect  as  the  cam]>'followers 
at  Bannockburn.  [G.  £.  M.] 

LOOA'TIO  CONDU'CTIO,  or  letting  and 
hiring,  is,  like  sale  [hlMPTio  Venditio],  one  of 
the  four  Roman  contracts  which  were  said  to  be 
made  consensu,  because  neither  form  nor  part 
performance  was  required  to  make  the  agree- 
ment actionable.  It  comprises  two  varieties, 
which  are  distinguished  below,  viz.  locatio  con- 
ihicHo  rerum  and  locatio  conductto  opcrarum. 
The  contract  was  concluded,  and  the  parties 
bound,  as  soon  aa  they  were  agreed  upon  what 
was  to  be  hired,  and  the  consideration  (jnerces) 
to  be  paid  for  it  (Gains,  iii.  142;  Inst.  iii.  24, 
pr.).  This  mcrces  must  bo  money,  "pecunia 
numerata  "  (^Inst.  ib.  2),  except  that  the  rent  of 
agricultural  land  might  be  a  certain  proportion 
of  its  annual  produce  (Cod.  4,  65,  21). 

Locatio  conJuctio  rei  is  the  letting  or  hiring 
of  a  resy  but  the  res  may  be  anything  which 
could  be  bought  and  sold  (and  so  not  merely 
a  tangible  object,  movable  or  immovable,  but 
a  res  incorporalisy  such  as  a  usufruct.  Dig.  7, 
1,  12,  2).  The  lessee  of  a  house  was  called 
inqtUiinus,  of  agricultural  land  colonus.  The 
letter  {locator)  of  a  res  was  bound  to  allow 
the  other  to  have  it  for  the  time  or  pur- 
pose agreed  upon,  and  for  that  time  to  take 
its  fruits  if  it  were  a  fruit-bearing  object;  but 
as  he  remained  iU  owner,  he  could  always 
recover  it  back  at  the  cost  of  having  to  pay 
damages  for  the  breach  of  his  contract:  and 
similarly,  if  he  told  or  otherwise  alienated  the 
res  locata^  the  alienee  could  always  make  the 
conductor  give  it  up  (whence  the  German  maxim 
JCauf  bricht  ]l£iethe%  though  the  latter  of  course 
had  his  remedy  against  the  locator  (Dig.  19,  2, 
25,  1 ;  Cod.  4,  65,  9).  The  hirer  was  bound  to 
pay  the  merces  agreed  upon ;  to  show  the  dili" 
tjentia  ot  a  bonus  paterfamilias  [Culpa]  in  his 
charge  of  it,  and  to  redeliver  it  at  the  termina- 
tion of  the  contract  in  as  good  condition  as  when 
it  came  into  his  hands,  saving  ordinary  wear 
and  tear. 

Locatio  conductio  operantm  is  the  letting 
by  a  free  man  {locator)  of  his  services  at  a  fixed 
merces.  If  he  was  employed  to  make  some 
specific  object  for  the  employer  {e.g.  to  build  a 
house,  to  make  a  piece  of  plate,  &c.),  he  was 
called  conductor  or  redemptor  (Hor.  Carm.  iii.  1) 
and  the  employer  locator,  and  the  transaction  is 
sometimes  called  specifically  locatio  conductio 
operis  {faciendi).  If  the  agreement  was  to  do 
the  whole  job  at  a  sum  absolutely  fixed,  as  dis- 
tinct from  so  much  per  diem,  or  so  much  for 
each  portion  completed,  it  was  said  to  be  made 
per  aversionem  (Dig.  19,  2,  35,  pr. ;  ib.  SQ; 
ib.  51,  1). 

The  jurists  were  often  doubtful  whether  a 
given  contract  wis  sale  or  hire;  aa  where,  in 
consideration  of  so  much  money  to  be  paid  by  a 


customer,  a  goldsmith  agreed  to  mace  him 
ring  out  of  his  (the  smith's)  gold  (Gaiu£,  iii.  14' 
Inst.  iii.  24,  4):  other  similar  cases  ivill 
found  in  Gaius,  iii.  146.  Among  them  vfas  th 
of  a  lease  of  land  in  perpetuity  at  a  rent,  vrhi* 
Gaius  says  was,  accoriding  to  the  better  opini* 
in  his  time,  hire,  not  sale,  but  which  in  lat 
times  became  an  independent  contract  di>tin 
from  either  [EifPHYTEUSis].  Sometimes  a^.\ 
the  transaction  was  held  to  be  neither  sale  c.< 
hire,  though  closely  resembling  both,  bat  on-- 
the  so-called  innominate  contracts,  enforce*  1  I 
anacliopraescriptis  verbis  {Inst.  iii.  24,1  ami  U 
(Gaius,  iii.  142-147;  Epit  ii.  9,  15;  Pau 
Sent.  rec.  ii.  18;  Inst.  iii.  24;  Dig.  19,  2  ;  Co 
4,  65.)  [J.  B.  M/ 

LOCHUS  {\6xos).  [ExEECrrus,  Vol.  I.  y 
769,  770,  775.] 

LO'CULI,  a  small  coffer  or  casket  with  con 
partments  (cf.  loculatae  arculae,  Varro,  H,  Ii.  i: 
17),  whence  it  comes  that  in  this  aignificAtic 
the  word  is  only  used  in  the  plural.  It .  w< 
smaller  than  the  area  (Jnv.  i.  89:  £ce  Mar«»r 
note),  but,  like  the  area,  was  used  to  hold  xnoiif 
(Hor.  Sat.  i.  3,  17 ;  Ep.  11,  1,  175 ;  M&rt.  1 
3d,  7);  for  jewels  (Juv.  xiii.  139);  to  hold  k<^T 
(Plin.  xiv.  13,  §  89),  &c.  It  takes  the  place  I 
the  larger  area  as  the  treasure  chest  of  the  hou  \ 
(Hor.  &i^.  ii.  3,  146),  and  then  was  plstced  i 
the  atrium  [sec  Arca]:  it  was  made  of  wcc* 
(Mart.  xiv.  13)  or  sometimes  of  ivory  (CK-iJ 
FasL  vi.  749;  Juv.  xiii.  139);  for  security  .; 
had  a  lock  (Hor.  Sat.  ii.  3,  149)  or  was  s^alei 
up  (Plin.  I,  c).  In  Hor.  Sai.  i.  6,  74,  K/..  i.  ]| 
56,  the  word  locvli  is  used  for  a  small  c.iH 
holding  a  schoolboy's  libriy  chartae,  and  stu-ki 
which  would  generallv  be  called  capsa  (Jut.  x 
117)  or  theca  {Suet.' Claud.  35).  (See  Orelli* 
Excursus  on  Hor.  Sat.  i.  6.)  [G.  E.  M.l 

LO'CULUS.     [FuNUS.] 

LOCUPLE'TES  (or  adsidv^  were  Roma: 
freeholders  of  land  who  were  included  in  t:>i 
five  classes  of  Servius  as  liable  for  sammi^Li 
to  service  or  tributum.  Under  this  head  camt 
all  who  held  land  valued  over  11,000  asses  (c:! 
also  Liv.  xiv.  15,  ''eosqui  praedium  praedia\i 
rustica  pluris  H.  S.  triginta  millinm  habere  l1 
censendi  jus  factum  est :  "  for  the  arran^emeitt 
of  the  classes,  see  Comitia).  The  state  wai 
therefore  divided  into  adsidui  (or  Uxupletesy,  i.< . 
those  who  had  property,  and  proletarii,  •*  l*^ 
getters  of  children,"  who  were  counted  by  heads 
not  by  property  [see  Proletarii].  This  is 
shown  in  Cic.  de  Hep.  ii.  22, 40 :  ** Servius  Tuliiu? 
quum  locupletes  adsiduos  appellasset  ab  aer»- 
dando,  eos  qui  aut  non  plus  mille  qiiingent<.> 
aeris  aut  omnino  nihil  in  iunm  censnm  praeter 
caput  detulissent,  proletaries  nominavit,  ut  ei 
iis  quasi  proles,  id  est  quasi  progenies  civitat.'ii 
expectari  videretur."  As  to  the  origin  of  th«' 
two  words,  for  adsiduus  we  may  safely  reject 
the  etymology  given  by  Cicero,  "abaere  dand<>/' 
and  that  suggested  in  Gellius,  x.  16,  ^^amuoens 
faciendi  adsiduitate.'*  It  means  no  doult 
"  settled  on  the  soil,"  or  permanently  domiciled! 
(from  cdsidere ;  cf.  residuus)  =  the  German! 
ansSssig  (^lommsen,  Hist,  of  Home,  i.  196)  s 
locuples  is  derived  by  Ovid  {Fast.  r.  280)  from 
landholding^  where  locus  is  made  equivalent  to 
ager ;  and  so  Plin.  H.  N.  xviii.  §  II,  ''Locu- 
pletes dicebant  lod  id  est  agri  plenos."  But  it  it 
dear  that  this  is  not  the  natnrml  sense  of  Iocum^ 


LODIX 


LOGISTICA 


71 


aad  it  is  better  with  Hommsen  {Staatsrecht,  iii. 
":  u)  to  take  it  as  referring  to  wealth  of  money 
%ci  connect  it  with  iociUi^  the  money-chests. 
From  the  pasaa^  in  Cic  Top,  ii.  10,  ^  Cum  lex 
aiisidao  Tindioem  adsidnum  esse  jubeat,  locu-> 
f>.;tcm  jnhet  locnpleti;  ]ocuples  enim  est  ad- 
s.iBus,  nt  ait  Aelins,"  it  is  clear  that  adsiduus 
Tis  the  older  term,  written  in  the  Twelve  Tables 
ic;-.  Gillins,  t  c).  [W.  S.]     [G.  E.  M.] 

LODIX,  dun.  LODrCULA  {adrytop),  a  small 
Av^  blanket  (Jar.  vii.  66).  Sometimes  two 
1  'iiccs  sewed  together  were  used  as  the  coverlet 
««:'  a  bed  (Mart.  xiv.  148).  The  Emperor  Augustas 
.»  uiooally  wrapped  himself  in  a  blanket  of  this 
<i^M.riptioii  on  account  of  its  warmth  (Sueton. 
.U;.  83X  It  was  also  used  as  a  carpet  (*'an- 
nl'A  lodicnlam  in  pavimento  diligenter  extendit/' 
PrtnjfL  SaL  20).  The  Romans  obUined  these 
lUaketo  from  Verona  (Mart.  xiy.  152).  Their 
ii^i  vas  nearly,  if  not  altogether,  the  same  as 
t^e  fagwimm  worn  by  the  Germans  (Tac.  Oerm, 
«)     pAOTlL]  [J.  Y.] 

L0GI8TAE  (Aoyi^oO-  [Euthtne.] 
LOGI'STICA  [Aoxurriic^,  ac.  rexi^,  PUt. 
frvrj.  4M  D,  &C. :  the  nearest  Latin  equivalents 
^]*^M  to  be  ratiodnandi  an  (cf.  Cic  2\fac.  i. 
'.  •>),  dmumeratio  (Id.  JUp,  iii.  2,  3),  rationis 
f^itctio  (c£.  ttabdHeerCf  iii.  in  Smith's  Lot. 
I'yitX  or  campvtactio  (pott.  Attg.y]  means  *Hhe 
art  (/i  calculation  "  aa  opposed  to  the  ^*  theory 
'(  noBibers,'*  arUhmetica  (q>v.).  Neither,  of 
•  '*xi^,  can  exist  without  the  other ;  but  as  the 
■'l-ratioos  of  aritJitnetica  were  generally  per^ 
1  .tned  by  means  of  geometrical  figures,  which 
«ere  found  more  snggestive  as  representing  not 
timbers  only,  but  magnitudes  generally,  the 
cibtomary  numerical  symbols  and  the  operations 
'II  which  they  were  used  were  deemed  to  belong 
t  •  Upjigtiooy  and  are  mors  properly  treated  in 
* '-  i^  article.  We  shall  divide  the  subject  accord- 
•ti^  y  mto  two  parts,  dealing  first  with  the 
Ttpreseatation  of  numbers,  and  secondly  with 
caicoUtioDa. 

L  Ndxeral  Signs. 

(l)   Cnwi.— (1.)    FingeT'tigns,    From     the 

c^i^Tal  ue  among  Aryan  peoples  of  a  denair  or 

r.f«simal  notation,  it  may  be  inferred,  with  aa 

Eucb  certainty  as  can  ever  be  obtained  about 

fr«.4is(oric  culture,  that  these  nations  at  a 

Terr  cariy  time  used  the  fingers  and  toes  aa 

«5uboU  of  number  (cf.  A.  F.  Pott,  2XUtlmei/iode, 

^-, Halle,  1847,  and  SpiacAveracMedenkeit  etc 

<»  'ini  Zaktwifrtem^  Haile,  1867  ;  Tylor,  Frimit, 

U(«re,  L  ch.  7).    A  relic  of  a  yet  earlier 

•''UtioD,  the  quinary,  survives  in  the  words 

^^ff^ttr,  W9pard(9ffBait  wtfirarrfis  (Uom.  Od, 

"'  412;  Aeich.  Fert.  981,  &c),  which  imply 

fut  5  «u  at  one  time  the  limit  of  the  units 

m  •niiaary  counting.    At  this  time,  and  indeed 

(>r  k«g  after  the  denary  notation  was  adopted, 

^  Grttks  clearly  used  both  hands  to  count  no 

HhtT  than  10  (cf.  Herod.  vL  63,  65;  Arist. 

''"^dtm,  xv.X  and  no  doubt  this  simple  practice 

*u  nertr  lost.    But  the  references  to  finger- 

nckoning  in  literature  are  very  scanty  until  a 

««  <i«te  (Plnt.il/N91AM.  174  b;  Dio  Cass.  Ixxi. 

^•^  I  1 ;  AM,  Fnl.  xL  72,  &c.X  when  a  far 

"l^n  coBpliestad  systeniy  common  to  Greece, 

n«lj<  tad  the  East,  U  found    in  use.     (See 

^>gR  hk  JaknA,   der   Dmt$cJu   Morgenl. 

^"vM.  1845,  pp.  111-129.)     This  is  fully 


described  by  Nicolaus  Smymaeua  (called  also 
Rhabda  or  Artabasda)  in  a  work  entitled 
lic^pao'is  ToD  iaiervKiKov  fiirpoVf  written  pro- 
bably in  the  13th  or  14th  century,  and  printed 
by  N.  Caussinus  in  his  book  De  Eioquentia  Sacra 
et  Humana  (lib.  ix.  ch.  viii.  pp.  565-568,  Paris, 
1636 ;  also  in  Schneider's  Edog.  Physic,  p.  447). 
In  this  system,  units  and  tens  were  represented 
on  the  left  hand,  hundreds  and  thousands  on 
the  right.  The  thumb  and  forefinger  of  the 
left  hand  were  devoted  to  tens,  those  of  the 
right  to  hundreds;  the  remaining  fingers  of 
the  left  hand  belonged  to  the  units,  those  of 
the  right  to  thousands.  The  fingen  might  be 
straight  (^«cTciy^/ceyo<),  bent  ((rv<rrffAA<i/tcyo()» 
or  closed  (icXfy<(/icyoi).  In  the  left  hand,  bending 
the  fourth  finger  marked  1 ;  bending  the  third 
and  fourth,  2  ;  the  middle,  third,  and  fourth,  3 ; 
the  middle  and  third  only,  4 ;  the  middle  only, 
5 ;  the  third  only,  6.  Closing  the  fourth  finger 
gave  7 ;  the  fourth  and  third  fingers,  8 ;  the 
middle,  third,  and  fourth,  9.  The  same  motions 
on  the  right  hand  indicated  thousands,  from 
1000  to  9000.  The  motions  of  the  forefinger 
and  thumb  in  representing  tens  and  hundreds, 
on  the  left  and  right  hands  respectively,  are 
more  difficult  to  describe.  The  reader  is 
referred  to  Roediger's  article,  above  cited ;  to 
Friedlein's  Zahheichen  und  Elem.  liechnen  der 
Gr,  tt.  Bomer,  p.  6 ;  and  to  Prof.  Palmer's  art. 
in  Journal  of  Philology,  vol.  ii.  p.  247  sqq., 
where  a  plate  is  given.  Martianus  Capella  (be 
NuptOa  Philol.  kc,  bk.  vii.  p.  244  of  Grotius* 
ed.  1599)  says,  **Nonnulli  Graeci  etiam  fivpia 
adjecisse  videntur,"  and  adds,  apparently  in 
reference  to  this  usage,  ^*  quaedam  brachiorum 
contorta  saltatio  fit,"  of  which  he  does  not 
approve.  The  motions  were  probably  the  same 
as  those  described  by  Bcde  in  the  tract  J)e 
loquela  per  gestum  digitorum  (Opera,  Basileae, 
1563,  col.  171-173).  Various  positions  of  the 
left  hand  on  the  left  breast  and  hips  indicated 
the  ten  thousands,  corresponding  positions  of 
the  right  hand  on  the  right  side  the  hundred 
thousuids,  and  the  hands  folded  together  repre- 
sented a  million.  There  is  no  means  of  ascer- 
taining the  origin  or  the  time  of  introduction  of 
this  method  of  finger-numeration.  It  is  thought 
by  some  commentators  that  Aristophanes  alludes 
to  it  in  Ftfsp.  656,  but  it  is  observable  in  that 
passage  that  Philocleon  only  concludes  from  his 
''easy"  calculation,  that  150  talents  are  less 
than  a  tenth  of  2,000,  so  that  he  probably  used 
his  fingers  in  the  ordinary  way  to  divide  the 
latter  number  by  10.  The  more  complicated  sys- 
tem was  obviously  of  no  use  in  calculation,  save 
as  a  memoria  technica  in  cases  where  the  mind 
might  be  embarrassed  by  the  consideration  of 
several  numbers  at  once.  It  was  probably,  at 
first,  only  a  means  of  communication  between 
buyers  and  sellers  who  were  ignorant  of  each 
other's  language.  The  same  or  a  similar  system 
is  still  used  for  secret  transactions  in  rersia 
(c£  De  Sacy  in  Journal  Asiat.  voL  ii.,  and  Tylor, 
Frimit.  Culture,  i.  p.  246,  n.). 

(&.)  Febble^igns, — Under  this  head  may  be 
included  all  the  representative  signs  used  with 
the  reckoning-boanl,  abacus,  Afia^  or  itfidxtov 
Qj.v.y.  These  were  generally  small  stones  or 
balls,  or  dots  mark^  in  sand,  and  the  signs 
varied  in  value  according  to^the  row  of  the  abacus 
ia  which  they  were  placed.     (Herod,  ii.  36  ; 


72 


LOGISTIGA 


Diog.  Laert.  i.  59 :  cf.  Becker-Goll,  CharikleSf 
ii.  67  ff. ;  and  see  below  under  Boman  ^  pebble- 
signs,"  p.  74.)    [Abacus.] 

(cJ)  Written  Characters. — lamblichus  says  (m 
Nioom,  ArithnL,  ed.  Tennulins,  p.  80)|  without 
citing  any  authority,  that  among  the  earliest 
Greeks  numbers  were  represented  in  writing  by 
repeated  strokes.  In  one  inscription  (Franz, 
Epig.  Oraeca,  p.  347 ;  Boeckh,  C.  /.  G.  2919, 
Tol.  ii.  p.  584)  from  Tralles,  Ircof  I  M  M  I  I  is 
found,  but  Boeckh  suspects  this  to  be  a  forgery 
of  imperial  times.  With  some  limitations,  how- 
ever, the  statement  of  lamblichus  may  be  true. 
It  is  possible  that  with  the  Greeks,  as  with  the 
Phoenicians  and  Egyptians,  the  signs  of  the 
units,  tens,  &c.  were  at  an  early  date  repeated 
nine  times  without  any  intermediate  compendia. 
(Cf.  Pihan,  Expot€des  Signea  de  Numeration,  kc, 
Paris,  1860.) 

But  the  earliest  known  system  of  written 
numerical  symbolism  in  Greek  is  that  which 
used  to  be  called  after  Herod ianus,  a  Byzantine 
grammarian  of  the  3rd  century,  who  alleged 
that  these  *' Herodianic  "  signs  occurred  in  laws 
of  the  Solonian  period  and  other  ancient  docu- 
ments, coins  or  inscriptions,  seen  by  him.  (Se<^ 
App.  Gloss,  to  Steph.  TheaaurtUf  vol.  zii. ; 
Valpy's  ed.  p.  690.)  His  statement  has  since 
been  most  abundantly  corroborated,  especially 
in  Athenian  inscriptions,  and  the  system  of 
numeration  is  now  generally  called  Attic  For 
our  present  purpose,  however,  the  old  name  is 
more  convenient.  Upon  this  system  strokes 
served  for  units  less  than  5,  and  the  chief 
higher  numbei*s  are  represented  by  their  initial 
letters,  P  for  irfrrc,  A  for  94k€l,  H  for  iKarr6if, 
X  for  x^^^^h  M  ^'^^  fivpioi,  with  further  com- 
pendia, p  for  50,  p  for  500,  &c.  (See  C,  /.  A, 
vols.  i.  and  ii. ;  or  Hicks,  Gr.  Inter,  passim ;  or 
Boeckh,  Mt.  Seetoesen,  p.  547  eqq,  &c.  For 
curious  Boeotian  variations,  see  Franz,  Ejpig. 
Graec.  App.  II.  ch.  i.  p.  348.)  These  signs 
alone  are  used  in  all  the  known  Athenian 
inscriptions  of  any  date  b.c.  (in  other  words,  in 
all  the  Inscr.  of  6,  /.  A.  vols.  i.  and  ii.).  Outside 
Attica  they  certainly  remained  in  use  along 
with  the  alphabetical  signs,  to  be  next  described, 
and  are  found  with  them  on  papyrus-rolls  pre- 
served in  Herculaneum,  which  cannot  have  been 
written  before  Cicero's  time.  The  two  styles 
are  there  used,  as  we  use  Roman  and  Arabic 
numerals  together,  on  occasions  when  arith- 
metical division  proceeds  on  two  distinct 
principles,  e,g,  to  mark  the  books  of  an  author 
as  distingoished  from  the  number  of  lines  in  the 
whole  work.  (Ritschl,  Die  Alex.  Bibiiotheken, 
pp.  99,  100,  123,  n.)  But  at  some  date  which, 
as  will  be  shown  directly,  cannot  now  be 
ascertained,  the  letters  of  the  alphabet  with 
some  additions  came  to  be  used  in  the  Semitic 
manner  as  numeral  signs.  It  has  been  well 
pointed  out  (Cantor,  Voriea,  uber  Gesch.  der 
Math,  i.  p.  108)  that  the  change  was,  for  all 
purposes  except  brevity,  a  mistake.  With  the 
Herodianic  signs  many  patent  analogies  were 
exhibited  which  were  wholly  obscured  by  the 
new  symbolism.  To  take  a  very  simple  in- 
stance, A  multiplied  by  fl  gave  p,  and  H 
multiplied  by  fl  gave  p) ;  but  on  the  new 
system  t'  x  ^  gave  /,  and  ^  X  tf'  gave  ^',  and 
none  of  these  signs  contained  in  itself  the  least 
cine  to  its  meaning.  Hence,  at  every  arithmetical 


LOGISTIGA 

operation  with  alphabetical  symbols,  the  mind 
was  really  strained,  first  to  interpret  the  signs, 
then  to  effect  the  calculation,  and  lastly  to 
express  the  result  in  signs  again.  We  shall  see 
later  how  cumbrous  the  process  was. 

When  and  how  the  arithmetical  oae  of  the 
alphabet  was  adopted  in  Greece,  is  a  aabject 
of  the  greatest  difficulty.    It  is  the  custom  tn 
say  that   the   practice  was  originally   Semitic 
(cf.  Nes&elmann,  Ahjehra  der  Griechen,  p.  72  sqq.\ 
but  no  such  practice  appears  on  the  Phoenician 
inscriptions  at   present   known,  and   it   is   not 
found  on  any  Hebrew  coins  before  141—137  B.C. 
(Cf.    Schroder,    PhUnikiache    8pr,^   quoted     by 
Hankel,  Zur   Geech.  der   Mathem,   p.   34,    and 
Dr.  Euting  there  cited.     Also  Madden,  Coins  of 
the  Jewtf  p.  67,  temp.  Simon  Maccabaena.)      On 
the  other  hand,  the  Hebrew  cabbalistic  practi<>e 
of  gematria  (t.e,  of  treating  as  interchangeable, 
for    purposes  of  interpretation,  words    whose 
letters,  regarded  as  numerals,  amount   to  the 
same  total)   is  said  to   be  as  old   as    the  7th 
century  B.C.,  and,  if  so,  points  to  the  nnmerical 
use  of  the  alphabet  at  that  time  (Cantor,  Vor/cs, 
i.   pp.   87,   104,   105,  quoting  Lenormant,   I^ 
Magie  ehez  lee  ChaldeeM^  p.  24:  cf.  also  Rev. 
xiii.  18,    and  Dr.  Ginsburg's  art.  KfAbdUxh   in 
Encycl,  Brit,,  9th  edit.  vol.  xiii.).     And  there 
is  a  peculiarity  in  the  Hebrew  and  Greek  alpha- 
betical numerals  which  suggests  some  connexion 
between  them.     In  both  cases  the  proper  alpha- 
bet is  deficient,  and  is  supplemented  np  to   the 
same  limit.    The  Hebrew  alphabet  of  22  letters 
gives  numbers  only  up  to  400.    The  deficiency 
is  supplied,  up  to  900,  by  using  the  final  form's 
of  letters,  the  medial  forms  of  which  (cf.  Greeic 
v  and  s)  had  already  been  used  to  represent 
20,  40,  50,  80,  and  90.    The  Ionic  alphabet  €^t 
24    letters,  which   was    formally    adopted    at 
Athens  in  403  B.C.,  could  give  numbers  only  as 
far  as  600.    Three  letters  are  wanting  to  com- 
plete the  hundreds,  and  for  this  purpose   the 
three  M<nifM,  ?,  o,  and  "^f  two  of  which  had 
certainly  been  used  in  older  alphabets,  but  are 
omitted  in  the  Ionic,  are  introduced.     But  these 
MffufUL,  unlike  the  Hebrew  finals,  do  not  occur 
together,  but  stand  for  6,  90,  and  900  respec- 
tively, at  widely  distinct  places  in  the  series. 
Now  ?  no  doubt  represents  the  old  Vau  (J^  and 
both   this  and  jt^nra  (9)  occur  at  the  proper 
places  of  those  letters  in  the  alphabet,  yet  the 
last  sign"^,  whether  it  represent  the  PhoenictAn 
akin  (Gr.  vij^,  Herod,  i.  139)  or  txade^  oceans 
in  either  case,  out  of  its  place  and  is  clearly 
resumed    into    the    alphabet   for    arithmetical 
purposes.     But  if  we  consider  the  difficulty  of 
reviving  a    long-forgotten    letter  at  all,   and 
remember  that  ?  and  9  occur  in  their  proper 
order,   we    should    conclude    that    the    Greek 
numerical  alphabet,  if  it  was  settled  by  custom 
only,  was  settled  at  a  very  early  time  indeed, 
possibly  before  the  Hebrew.     It  is  even   con- 
ceivable that  the  non-Phoenician  letters,  v,  ^ 
X*  ^y  «)  were  originally  invented   for  purely 
arithmetical    purposes,    and    were    afterwards 
adopted  as  alphabetical  signs. 

But  i^ainst  these  supponitions  there  is  a  roost 
formidable  array  of  facts.  In  the  first  place, 
the  inscriptions  at  present  known  do  not  disclose 
the  existence,  for  literary  purposes,  of  so  full  an 
alphabet  as  that  used  in  nnmeration.  There  is 
none  in  which  both  F  and  9  oocur  side  by  side 


LOGISHOA 


L0GI8TIGA 


73 


viih  bolfti  f  and  ai.  (See  the  charts  appended  to 
KircUioar,  Zmr  Getch.  det  Oriec/L  Alph,  3rd  edit., 
1^7,  and  pp.  157-160  of  the  text.  The  tran- 
Ktipi  in  lUckf,  Or,  Inter,  No.  63,  p.  117  aqq,, 
B  wukadxog.  The  original  in  Bhem,  Mua, 
:871,  p.  39  »qq,f  contains  neither  if  nor  •.) 
Secondlj,  the  common  alphabetic  numerals  do 
art  ^»p«ar  on  inscriptions  proper  (exclosiTe, 
tki  is,  of  coins  and  MSS.  to  be  mentioned 
praefitiV)  before  the  2nd  century  B.C.,  and, 
uua^  tbeie,  onlj  on  the  Asiatic  The  oldest 
if^cneB  is  probably  one  of  anoertain  place 
(pristed  in  C.  I,  G.  toL  iy.  pt.  xuciz.  No.  6819), 
Tbid  ii  aangned  by  £.  Cortius  to  about  180  B.C. 
(Frani,  £pigr,  Gr,  p.  349,  cites,  as  oldest,  one 
«f  Halicarasssos,  C,  L  (/.,  No.  2655,  which 
Bocckh  thinks  to  be  little  earlier  than  the 
irhristiaii  era.)  A  (not  jet  published)  Rhodian 
Dicription  in  the  British  Muaeum,  assigned  to 
abcBt  the  aame  time,  still  uses  the  Herodianic 
sgn.  It  should  be  added,  also,  that  the  earliest 
iastic  inscriptions,  which  contain  alphabetic 
bbskfUi,  arrange  them  generally  with  the  lowest 

4i^t  first,  rerersing  the  usual  order  («.</.  i|ir,  (ic, 

4c  ia  Xo.  6819  above  cited).    It  has  already 

MCB  meatiooed  that  no  Attic  inscriptions  before 

Bperial  times  contain  alphabetic  numerals  at 

all   (It  is,   no  doubt,  purely  accidental  that 

>  dflo  not  occur  in  any  inscription :  Franz, 

Ifigr.  Gr.  p.  352.)     It  may  be  admitted  that 

H>li€  inscriptions  would  be  the  last  place  into 

wUck  a  new  system  of  numerals  would  force 

itsvay.bot  H  is  hardly  likely  that  the  Hero- 

ciaoie  signs  would    have  survived    in  public 

documents  several  centuries  after  the  alphabetic 

iud  come  into  general  use  among  merchants,  &c. 

TWly,the  earliest  numerical  or  quasi-nume- 

lial  use  ef  the  Greek  alphabet,  of  which  we 

vk  be  quite  sure,  is  not  the  same  as  that  now 

Q  qaesUoa.    The  tickets  of  the  10  panels  of 

Athenian  Ac/asstM  were  marked  with  letters  from 

ate  K,  omitting  t.     (SchoL  to  Ar.  PluL  277 ; 

Hkks,  Inter,  No.  119,   p.  202;  Franz,  Epigr, 

'^.  p.  348.)    The  books  of  Homer,  as  divided 

(?  Zenodotns,  are  beaded  with  the  24  letters  of 

t^  Ionic  alphabet,  omitting  ?  and  9.    The 

i»ob  of  the  Ethics,  Polilict,  and    Topics  of 

•Vriitotle  are  numbered  in  the  same  way ;  and 

t^t  this  division  is  ancient  is  evident  from 

^x.  Aphiodisiettsis,  who  (m  Metaph,  9,  81  b, 

^)  qnotca  from  C  rmv  Nutofb  a  aeries  of  defini- 

ti«as  which  arc  now  found  in  the  6th  book. 

h  skonld  be  mentioned  finally,  to  complete  the 

P^n^ity  of  the  subject,  which,  considering  its 

>3portaace,  has  been  strangely  neglected,  that 

t^  is  no  evidence  (it  would,  of  course,  be  hard 

to  ihkd)  of  a  time  when  a  short  alphabet  was 

^u  fax  »M  a  would  go,  and  the  remaining 

bsadrads  were  represented  by  double  letters  or 

Herodianic  signs ;  nor  any  evidence  of  fluctuation 

« the  ralne  of  the  letters.    O,  for  instance, 

%^t  be  expected  to  have  sometimes  its  Semitic 

nloc  100,  mstead  of  90,  or  Z  might  occasion- 

«iT  represent  100,  instead  of  P. 

^t  Greek  inscriptions  already  collected  are 

^BnneroQS  that  the  sUtements  here  made  are 

^  liktly  erer  to  want  correction  in  any  im- 

?<>^iat  detail.    The  fact,  at  preaent  indisput* 

^  to  which  they  point,  is  that  alphabetic 

""B^nh  do  not  appear  at  all  until  long  after 

7  tti  9  bad  disappeared  from  the  literary  alpha- 

<^  ad  that  these  kttexs  are  nevertheless  used, 


and  used  in  their  right  places,  for  numeration. 
The  revival  of  these  letters  and  of  "^  implies, 
under  the  circumstances,  a  degree  of  anti- 
quarian learning  such  as  cannot  be  attributed  to 
the  public  at  large.  It  looks  like  the  work  of 
some  scholar,  backed  by  the  influence  of  para- 
mount political  authority.  It  will  be  conceded 
that  Alexandria  is  the  most  likely  place,  in  the 
first  three  centuries  B.a,  to  find  kings  and 
scholars  in  co-operation,  and  to  find  some  mutual 
Influence  of  Greek  and  Semitic  literary  usages. 
It  remains  only  to  add,  what  has  been  reserved 
for  this  place,  that  by  far  the  most  ancient  and 
certain  evidence  of  alphabetic  numeration  comes 
from  Egypt  under  the  first  Ptolemies.  The 
oldest  Graeco-Egyptian  papyrus  (at  Leyden,  No. 
379:  V.  Robiou,  quoting  Lepsius,  in  Acad,  des 
Inter,  Suj,  dio,f  1878,  voL  9),  which  is  dated 
257  B.a,  contains  the  numerals  k6^  (=2^). 
Still  earlier  evidence  is  furnished  by  coins, 
especially  a  great  number  of  Tyrian  coins  of 
Ptol.  II.  Philadelphus,  assigned  to  266  B.C.  (The 
K  on  some  coins  of  Ptol.  I.  Soter,  and  the  double 
signs  AA,  BB,  &c.,  on  those  of  Arsino<$  Phila- 
delphi,  are  of  doubtful  signification.)  From  this 
time  onwards  the  evidence  of  Ptolemaic  coins 
and  papyri  is  abundant.  It  is  not  unreasonable 
to  suppose  that  the  ordinary  Greek  alphabetic 
numeration  was  first  used  at  Alexandria  on 
coins,  for  which  its  brevity,  its  sole  advantage, 
would  make  it  especially  useful.  Jewish  usage 
may  have  suggested  it  or  been  suggested  by  it ; 
but,  however  that  may  be,  Alexandrian  com- 
merce and  the  fame  of  Alexandrian  learning 
would  be  sufficiently  potent  agencies  to  dis- 
seminate the  new  system  throughout  the 
Hellenic  East. 

Before  proceeding  to  exhibit  the  Greek  use  of 
alphabetic  numerals,  it  will  be  well  here  to 
mention  briefly  two  &cts,  of  some  interest  in 
themselves,  which  need  not  further  concern  us. 
Heilbronner,  in  his  Eistoria  Matheseoa  (pp. 
735-737X  cites  from  Hostus,  who  refers  to 
Noviomagus,  a  system  of  numeral  signs  in  which 
arms,  as  it  were,  are  attached  to  a  central  line 
according  to  a  fixed  plan,  which  may  best  be 
exhibited  by  an  example.  U  or  F  is  1,  P  or  "1 
is  10,  J  or  L  is  100,  n  or  J  is  1000,  Z  is 
1111  in  the  vertical  form,  and  similarly  for  the 

other  numbers:    e*g,    ^    is    7744,  X  ^  7766, 

£  is  9999.  The  work  of  Noviomagus  has  been 
at  last  identified  by  Friedlein  {Zahlz.  p.  12)  as 
De  ywnerit,  libri  ii.  (Cologne,  1539)  book  i. 
ch.  15.  This  style  is  said  by  Noviomagus  to  be 
used  by  ^  Chaldaei  et  astrologi."  It  was  known 
to  John  of  Basingstoke,  who  learnt  it  in  Athens 
about  1240,  and  is  described  by  Matthew  Paris 
(Chronica,  v.  285,  ed.  Lnard).  Secondly,  Greek 
arithmetic  has  no  cipher.  The  0  which  De- 
lambre  {Attron,  Anc,  i.  p.  547,  ii.  pp.  14,  15) 
found  in  the  Almagest  is  a  contraction  of  oM/y, 
and  occurs  only  in  the  measurements  of  angles 
which  contain  no  degrees  or  no  minutes.  It 
stands,  therefore,  always  alone,  and  is  not  used 
as  a  digit  of  a  high  number.  The  stroke  which 
Otfried  Miiller  found  on  an  Athenian  inscription, 
and  which  Boeckh  thought  to  be  a  cipher,  is 
clearly  explained  by  Cantor  as  the  tota,  the  cus- 
tomary sign  of  10.  (See  Cantor,  Math,  Beitr. 
p.  121  aqq.f  and  pi.  28 ;  Nesselmann,  p.  138,  n. 
25 ;  Hultsch,  Scriptorea  Metrd,  Ora$Gif  Vorrede^ 


74 


LOGISTIGA 


pp.  v.,  yi. ;  Friedlein,  p.  82.)  The  numerical 
values  attributed  to  each  letter  in  the  Gi*eek 
alphabet  are  stated  in  every  Greek  grammar. 
Suffice  it  here  to  say  that  the  letters  a'— ^,  in- 
cluding ^  for  6,  represent  the  units,  i —  9'  the 
tens,  fl — ^'  the  hundreds.  For  the  thousands 
the  aJphabet  recommences,  bat  the  stroke  or 
acute  <accent  which  marks  the  numerical  use  of 
a  letter  is  now  placed  in  front  of  the  letter^  and 
rather  below  it,  so  that  ^a — ,6  represent  1000 — 
9000.  For  10,000  Mv  or  M,  the  initial  letter  of 
fivptoi,  was  generally  used  on  the  Herodianic 
principle ;  and  with  multiples  of  10,000  the  co- 
efficient might  be  placed  before,  after,  or  over 
this  M.  If  the  co-efficient  were  placed  first,  the 
M  was  sometimes  omitted  and  a  dot  substituted. 
Other  devices  appear  in  MSS.,  e.g.  /  for  10,000, 

^K  fur  20,000  in  Geminus,  or  d,  jj,  &c  (See 
Hultsch,  Metrol.  Script  Rellig.,  vol.  i.  pp.  172, 
173 ;  and  Ritschl,  op.  ctf.  p.  120 ;  Kicomachus,  ed. 
Hoche,  Introd.  p.  x.)  In  the  case  of  high  num- 
bers, accents  were  usually  omitted  and  a  stroke 
was  drawn  over  all  the  component  letters  (cf. 
C.  L  -4.,  vol.  iii.  Nos.  60  and  77,  for  the  two 
styles) ;  and  as  these  were  arranged  in  the  modern 
order,  with  the  highest  on  the  left  and  the 
lowest  on  the  right,  the  distinguishing  mark  of 
the  thousands  was  also  often  omitted  and  the 
value  of  the  letter  was  indicated  by  its  place, 

e,g.  fir€  is  2305.  The  improved  nomenclatures 
invented  by  Archimedes  (in  the  i^afifjUrris)  and 
Apollonias  (exhibited  by  Pappus,  Math,  Coll., 
bk.  ii.)  may  have  been  originally  accompanied  by 
improved  symbolisms,  but  no  trace  of  them  now 
remains. 

The  representation  of  fractions  (XeirriC)  in 
3ISS.  is  also  various,  but  the  most  common 
methods  are  either  to  write  the  denominator 
over  the  numerator,  or  to  write  the  numerator 
once  with  one  accent  and  the  denominator  twice 

Ka       ica' 

with  two  accents,  e.g.  i(  or  tf  or  tf  jca"  jcot". 
Fractions  of  which  the  numerator  is  unity 
C  sub-multiples,"  as  they  are  sometimes  called) 
are  the  most  common.  With  these  the  nume- 
rator is  omitted  and  the  denominator  is  written 
above  the  line,  or  is  written  once  with  two 
accents.  (See  for  special  details  Kesselmann, 
pp.  112-116;  Hultsch,  op.  dt,  vol.  i.  pp.  172- 
175 ;  Friedlein,  Zahixeickcn,  pp.  13, 14.)  Special 
signs  for  J,/^  or  ^,  C  and  S,  and  for  f,  «", 
are  found.  Brugsch  {Numerorum  Demot  Doctr,^ 
Berlin,  1849,  p.  31)  gives,  on  the  authority  of 
Greek  papyri,  the  signs  /  for  addition,  "^  for 

subtraction,  and  f^^  for  a  total.  (See  the  plate 

appended  to  Friedlein,  op.  cit.,  and  references 
there  given.) 

(b.)  Boman. — (1.)  linger-signs.  The  later  mode 
of  representing  numbers  on  the  fingers  seems 
to  have  been  the  same  among  the  Romans  as  the 
Greeks.  The  best  known  reference  is  Juvenal, 
z.  248  (where  see  Prof.  Mayor's  note).  The 
oldest  u  possibly  Plautus,  Mil,  Ohr.  ii.  3, 
^'dextera  digitis  rationem  computat,"  but  the 
meaning  of  this  is  not  very  clear.  Pliny  indeed 
(^If.  H.  xxxiv.  §  16)  says  that  Kuroa  set  up  a 
statue  of  Janus  with  the  fingers  so  arranged  as 
to  represent  355,  the  number  of  days  in  a  year 
(cf.  Macrob.  Conviv.  Sat,  i.  9). 

(2.)  Pebbie-sigiu, — ^The  Romans  used  at  least 
two  forms  of  abacusi  one  ia  which  buttont 


L06IBTICA 

(chvicult)  moved  in  grooves  {alveoUX  another  in 
which  the  stones  were  loose.  A  drawing  of  a 
very  elaborate  abacus  of  the  first  kind  is  gives 
by  Friedlein  in  Zcitschr,  f.  Math,  tmtf  Phys.^ 
1864,  vol.  iv.  pi.  V.  (cf.  Zahlz.  p.  22).  It  U 
capable  of  representing  whole  numbers  up  \a 
999,999,  all  fractions  with  12  for  denominatorj 
and  some  others.  It  employs  45  buttons  in  IS 
grooves.  Seven  vertical  grooves  at  the  bottom 
of  the  instrument  contain  four  buttons  each, 
those  in  the  left-hand  groove  representing  « 
million,  the  values  descending  towards  the  righ< 
down  to  the  units.  Opposite  these  grooves,  a^ 
the  top  of  the  board,  are  seven  smaller  groove^ 
containing  1  button  each,  representing  5,OO0,Ou0^ 
500,000,  &c.,  down  to  5.  The  eighth  lowet 
gi'oove  contains  5  buttons,  each  representing 
^ ;  the  eighth  upper  groove  contains  1  button^ 
representing  ^.  lliree  grooves  at  the  side  coo' 
tain  a  button  for  j|  at  the  top,  another  for  ^  in 
the  middle,  and  two  for  ^  at  the  bottom  of  the 
board  respectively.  It  is  possible  also  that  some 
a&oct  had  balls  moving  on  wires  or  strings^ 
similar  to  those  still  used  in  schools.  In  thes^"^ 
of  course,  the  lines  would  be  held  horizontally^ 
and  not  vertically.  The  so-called  Pythagorean 
abacus,  with  its  accompanying  apioesy  is  not 
mentioned  by  any  writer  of  classical  times.  The 
MSS.  of  the  Oeometria,  attributed  to  Boethius^ 
in  which  it  is  first  described,  cannot  be  con- 
sidered earlier  than  the  11th  century,  and  no 
trace  of  any  such  abacus  appears  elsewhere 
before  the  9th  century.  It  need  not  therefore  be 
discussed  in  this  article  (t.  Friedlein,  Zahlz. 
pp.  22-27). 

(3.)  Written  characters. — ^There  are  some  signs 
that  the  Romans  occasionally  used  their  alphabet 
for  numerical  purposes;   but  the  practice   wa5 
neither  general  nor  reduced  to  any  fixed  rule, 
and  the  dates  of  our  authorities  for  it,  where 
known,  are  all  late.   Some  verses  on  the  subject 
appear,  with  slight  variations  in  several  USi>. 
Ont  version  of  them  is  given  by  Noviomagus  in 
the  work  De  NumeriSy  sUready  mentioned  (lib.  i. 
cap.  10).    It  begins : — 
**  PoBsidet  A  numeros  quingentoi  ordine  recto, 
Atque  treoaUot  B  per  se  retinere  videtur. 
Non  plUs  qoam  centum  C  liters  fertur  habere. 
Liters  D  velut  A  quingentoi  significsblt,"  kc. 

(See  Friedlein,  ZaMz.  pp.  20,  21.)  But  it  is  un- 
likely that  an  alphabet  so  short  and  so  capable 
of  disturbance  as  the  Roman  certainly  was,  could 
ever  have  been  used,  in  the  Greek  manner,  for 
numerical  purposes. 

The  oi*dinary  Roman  numerals  are  too  well 
known,  and  are  still  in  too  common  use,  to 
require  detailed  exhibition.  The  well-known 
theory  that  10  was  represented  by  two  strokes 
(X),  100  by  three  (C),  and  1000  by  four  (M), 
and  that  V,  L  and  N  or  0  are  the  halves  of  these 
signs  (Kesselmann,  pp.  89,  90;  Key's  Latin 
(hrammary  §  251),  has  the  advantage  of  sym- 
metry, but  does  not  account  for  the  more  ancient 
forms  of  these  symbols.  (See  the  plates  appended 
to  Friedlein,  op.  cit.,  and  Cantor,  Vorles.  Math.} 
The  more  common  theories  of  recent  times  are 
that  L,  C,  and  M  or  #k  are  corruptions  of  ^ 
(the  Chalcidian  form  of  Xj  written  X),  0  and  ^, 
while  X  is  referred  either  to  0,  the  old  form 
of  ©,  or  to  the  Greek  X,  so  that  all  these  signs 
would  be  adopted  from  the  letters  of  the  Greek 
alphabet,  for  which  the  Romans  had  so  use. 


L06I8TIGA 

(Sec  Bitidil  in  Shgm,  Jfiu.  1869,  xxir.  p.  12 ; 
-o^  MonuMen,  Unter  It,  JXai,  pp.  19-34; 
Ia.bf,  ZiiL  Gram.  App.  D,  ii. ;  Friedleio,  op,  cit 
p.  i7.)  The  objections  to  this  theory  are,  of 
c  'QTM,  that  the  proposed  letters  are  not  used  in 
tacir  Greek  order,  and  that  the  Romans  and 
KtTuscans  used,  in  conjunction  with  these  very 
L^su,  a  wholly  peculiar  mode  of  representing 
iB:»rnrening  numbers.  Such  forms  as  IX,  XL, 
Xt.\  are  so  original,  as  to  snggest  the  orig^ality 
i.i«  of  the  sig:ns  of  which  they  are  compounded. 
(Mil]  stranger  forms,  as  XIIX  for  18,  are  also 
f-cad:  Fri^ein,  p.  32;  Corasen,  Etnuher^  i. 
3:M1.) 

A  few  of  the  more  uncommon  Koman  numerals 
sbodd  be  here  mentioned.  The  sign  for  1000 
Wiag  (t\  (not  M  till  post-Augustan  times: 
^ccDBMcn,  op.  cit.  p.  30),  that  for  10,000  was 

(Ai\  and  that  for  100,000  ((ftl)) ;  but  the 
eriinary  sign  for  a  million  was  Q,  and  any 
ai^er  multiple  of  100,000  was  similarly  en- 
•..•4ed  with  side  and  top  lines.  But  the  repeti- 
tiisa  of  (t\  and  the  other  signs  above  giren  being 
tjoad  cumbrous,  it  was  usual,  with  intervening 
moitiples  of  1000,  to  write  the  coefficient  with 
i.  stroke  over  it,  or  with  mt/ia,   or  merely  M 

tppoded,  e.g.  XilDC,  or  XII  mUia  DC  or 
XUMOC.  (Of.  Friedlein,  Zahlz.  pp.  28-31,  where 
ion  forms  attributed  to  Pliny  are  specially  dis- 
cussed ;  and  Marquardt,  fidm.  Alt  iii.  2,  p.  32, 
4ad  T.  1,  pw  98,  notes  1 61  and  522.)  Other  forms 
are  found,  bat  it  is  to  be  remembered  that  MSS. 
are  not  nfe  gaides  to  the  usages  of  classical 
tiaies.  The  form  H  for  6,  for  instance,  is  not 
uoommon  in  MSS.,  but  is  not  attested  by  any 
coins  or  inacriptions  older  than  the  6th  century 
(Friedlein,  p.  33). 

The  fractio&a  generally  used  by  the  Romans 
vere  the  divisions  of  the  as  and  uncia.     It 
should  be  remembered  that  the  as  was,  for  all 
(•erpoies,  the  type  of  unity.     Thus  Balbus  {ad 
OUom  de  Asse^  1)  says,  ^  Qnidquid  unum  est, 
lisem   ratiodnatores  vocant"  (cf.  Marquardt, 
lu.  2,  pp.  41^-44X  nnd  the  fractions  of  the  as  are 
applied  to  divisions  of  any  kind  of  magnitude, 
livy  (v.  24,  5)  has  ^  teraa  jugera  et  septunces  " 
ttd  (vi  16,  6)  **■  bina  jugera  et  semtsses  agri." 
Cohmella  and  the  ^nSmatid  (ed.  Lachmann,  &c, 
Berlin,  1848)  use  the  same  terms  for  divisions 
<  f  time  or  length.     (Cf.  Yarro,  de  R.  B,  i.  10 ; 
Friedlein,  pp.   34,   35 ;    Roby,   LaU    Gram.  i. 
A}>|i.Dvvi.-ziii.)    The  names  of  the  divisions  of 
tbs  as  from  deunx  to  frndOt  i.e.  from  U  to  X, 
art  set  oat  below  in  the  Appendix,  Table  XIII. 
T:Mee  of  the  muda  are  given  in  Table  XIY.     It 
laar  be  mentioned,  however,  in  this  place  that 
^^rjt^dmm  is  also  very  often  called  scrupuhs 
^  scripMieat,  and  that  the  book  De  Asse  of 
t&«  3fd  century  gives,  besides  duelia^  the  un- 
gual fractions  dt-ac/ima  (J),  tremissis  Q^y  and 
^  Dame  kemisescla  for  semisextuia  or  dimidia 
ir/ta'd  (Friedlein,  p.  41).    Other  fractions  were, 
<^  <»nrse,  expressible  (e.g.  quatiuor  sepHmae,  sc. 
f^ia,  Itc),  and  after  the  time  of  Constantine 
>^  terns  appear  as  translations  of  Greek  or 
'^ttatioBs  of  older  Roman  names  (e.g.  supers 
Anttui,  st^tertertiua^  Iec,  for    iifuiMot,   M' 
vpiroi,  kci  Friedlein,  pp.  41-43^  97,  98)»  but 
tN  diviskiBs  of  the  as  and  wicm  given  in  the 
Apf«adiecs  are  the  only  fraetions  for  which 
^'^  agaa  are  fomd.    The  aignt  from  tMCM 


L0GI8TICA 


75 


to  qtUncunx  are  merely  arrangements  of  hori- 
zontal strokes  or  dots,  as  . ,  : ,  :  • ,  : : ,  : : . . 
Semis  is  represented  by  S,  and  from  this  to 
deutue  the  signs  are  S,  with  those  for  uncia,  &c., 
added  to  the  right  of  it.  Then  as  is  an  upright 
stroke  I .  The  signs  below  uncia  are  usually 
temuncia,  L  or  €  or  ^  ,  sicilicus  0 ,  sextuia  \ , 
O;  or  2 )  dimidia  sexttUa  S^  or  x  >  scriptvlum  ^ 
or  '^.  (Cf.  Bede,  De  Batione  Assis,  Opera^ 
Basileae.  i.  col.  182.)  Much  fuller  tables  are 
given  in  Friedlein,  plates  13-15,  and  the  forms 
applicable  to  divisions  of  the  denarius  are  set 
out  in  Roby,  Lai.  Gram,  i.,  App.  D,  viii.  It  is 
possible  in  this  place  only  to  mention  the  most 
common  and  interesting  facts  and  to  refer  to 
the  authorities  who  treat  the  subject  in  detaiL 
The  reader  cannot  expect  here  an  adequate  com- 
mentary on  Frontinus  or  Victorius.  (Vide, 
beside  the  references  already  given,  Hankel,  Zur 
Gesck.  der  Math,  pp.  56-63;  Cantor,  Vorles, 
p.  445.) 

II.  Calculation. 

It  has  been  already  remarked  that  finger- 
signs  are  of  no  practical  assistance  to  calcula- 
tion save  as  a  mode  of  representing  a  sum, 
difference,  product,  &c.,  and  so  relieving  the 
memory  to  some  extent  in  the  processes  of 
mental  arithmetic  The  actual  work  of  cal- 
culation was  done  with  the  abacus  or  with 
written  signs.  Addition  and  subtraction  were 
always  done  with  the  former.  So  also  were 
multiplications  and  divisions,  where  the  multi- 
plier or  divisor  was  a  low  number,  but  as  a 
general  rule  multiplication  was  done  with 
written  signs,  and  division  by  both  methods 
together.  The  schemes  of  addition  and  sub- 
traction set  out  by  Nesselmann  (p.  119)  are 
without  authority,  and  it  is  to  be  remarked 
that  it  was  in  multiplication  only  that  the 
ancients  approached  at  all  nearly  to  the  modem 
facility  of  using  written  signs  (cf.  Friedlein, 
pp.  26  and  74). 

(a.)  Greek. — Addition  {aifirO^ais)  and  subtrac-^ 
tion  (jk^ptaii)  seem  to  have  involved  generally 
some  mental  arithmetic,  for  apparently  on  the 
ordinary  abaci  only  one  number  of  several  digits 
could  be  represented  at  a  time.  The  practice 
probably  was  to  set  out  one  of  two  numbers  to 
be  added,  to  add  the  other  mentally  and  set 
out  the  sum  {Kf^d\aiop\  removing  or  adding  to 
the  ^^x  previously  arranged  as  the  calcula- 
tion progressed.  (This  perhaps  is  what  Hero- 
dotus alludes  to  in  ii.  36.)  Some  abaci,  however, 
notably  the  Salaminian  table  (see  Cantor,  Vorles. 
i.  pp.  Ill,  112),  have  two  sets  of  columns 
at  opposite  ends  of  the  board.  It  is  supposed 
by  Cantor  that  these  columns  were  used  by  two 
di£ferent  pei*sons — a  banker,  for  instance,  and 
his  customer;  but  it  may  also  be  suggested 
that  the  two  sets  are  intended  for  the  repre- 
sentation of  two  numbers  in  an  addition  or  sub- 
traction. Multiplication  was  sometimes  effected 
by  repeated  additiona.  (cf.  Lucian,  *Zpfi6TitwSf 
48) ;  but  the  process,  even  where  the  multiplier 
is  low,  is  very  cumbersome  when  the  multipli- 
cand is  high,  and  some  sort  of  a  multiplication 
table  must  early  have  been  compiled.  The 
fullest  specimens  of  Greek  arithmetic  which  we 
possess  are  a  great  number  of  multiplications 
set  out  by  £utocius  of  Ascalon  in  his  notes  to 
Archimedes  (Oc.  Dimens^  Torelli's  ed^  pp.  208 


76 


LOGISTICA 


LOGISTICA 


sqq.)*  One  of  these,  which  is  rendered  in 
modern  figures  by  Nesselmann  (p.  118),  and 
with  some  improvements  by  Friedlein  (p.  76), 
may  be  here  given.  It  is  the  more  interesting 
foecanse  it  involves  fractions.  (The  letter  k 
is  used  here  instead  of  the  Greek  sign  for  ^.) 
The  modern   figures  are   given    at    the    side. 


;yiy  k  J* 

3013  i  i 

,7<7  *  y 

3013  i  i 

M  Mfi  ,cul>  ify. 

9000000,  39000,  1500,  760. 

y  -  - 

M  pK  €  fik 

30000,       130,        5,    2J. 

fi  \B  ok  ki^ 

9000,        39,     li,  i,  J. 

/H^  *sk  V  ij' 

1500,        6i        J,    J. 

y^  yV  V  i^ 

750,        31,        I,  A. 

M  fix^  it'. 

9082689  ^ 

(Cf.  also  Delambre,  Astr.  Anc.  vol.  ii.  ch.  1.) 
The  reader  sees  that  the  process  begins  by 
taking  the  highest  multiple  of  10  in  the  multi- 
plier and  multiplying  therewith  all  the  digits 
of  the  multiplicand,  beginning  on  the  left.  The 
second  digit  of  the  multiplier  is  then  taken,  and 
so  on.  The  treatment  of  the  fractions  should 
be  observed.  Two  other  very  interesting  ex- 
amples, taken  from  Heron's  Geometica  (ed. 
Hultsch,  pp.  81  and  110),  are  also  given  by 
Friedlein  (p.  77).  In  the  first  of  these  the 
process  involves  the  multiplication  of  J)  by  f^. 
The  product  is  given  in  the  form  ^ .  ^,  reduced 
to  J,  +  Si-^t  and  is  there  left.  {koI  ^^^9"^^' 
r&v  ZiHi  |«"|«"  piCT'ir^r  r&y  {«"{«",  yiyS- 
/nfyft  jco)  ravra  i^tiKOffrorfraproy  a'  Kot  |iS'|8"|8" 
r&y  |8"48".) 

The  nearest  approach  to  modem  multiplica- 
tion with  Indian  numerals  is  made  by  ApoUonius, 
according  to  the  extracts  preserved  by  Pappus 
in  his  2nd  Book  above  mentioned.  ApoUonius 
recommends  that  with  all  multiples  of  10  the 
co-efiicients  alone  {nvOfityts)  should  be  multi- 
plied first,  and  the  tens  or  powers  of  ten 
multiplied  afterwards.  But  this  method,  as 
we  have  said,  does  not  seem  to  have  been  accom- 
panied by  a  new  symbolism,  and  is  strictly  con- 
£ned  to  multiples  of  10,  with  no  added  units.  It 
was  accompanied  by  a  new  nomenclature,  similar 
to  that  of  Archimedes,  ticcoi-ding  to  which 
numbers  from  1-9999  belonged  to  the  first 
group  O^vpiiiScr  airAcu),  10,000-9999,9999  to 
the  second  group  (jivpidBts  8x«-Xeu),  and  so  on, 
so  that  a  certain  simplicity  of  description  was 
gained  ;  e.g.  1,0001,0001  would  be  described  as  a 
of  the  third  group  H-  a  of  the  second  -f-  a  of 
the  first  (cf.  Nesselm.  p.  127,  and  Papp.  ii.  27). 
But  the  invention  seems,  like  that  of  Archi- 
medes, to  have  been  sportive  chiefly,  and  is 
certainly  illustrated  only  by  the  multiplication 
of  the  numbers  symbolised  by  all  the  letters  in 
the  two  lines — 

'Aprcf&tjoc  Kkelrt  icpaTOf  i^oxv^*  imfia  Kovpoi 

and 

Eutocius,  however  (ad  Arch.  Circ.  Dim.  loc  clt.), 
speaks  of  the  &KUT6Ku>y  of  ApoUonius  (MSS. 
wan6$Qoy:    the    emendation    was    originally 


Halley's)  as  a  great  aid  to  multiplication.  This 
was  possibly  a  '*  ready  reckoner,"  or  table  of 
calculated  products.  It  is  difficult  to  see  how, 
as  Cantor  suggests  (Vorles,  pp.  298,  387>»  it 
can  have  been  connected  with  the  new  cl*saifi- 
cation  of  numbers  described  by  Pappus  (cf. 
Nesselmann,  pp.  126-135). 

No  example  of  the  division  of  wnole  niunbers 
occurs  with  the  working-out  in  any  Greek 
author.  It  is  obvious,  however,  from  the  ex- 
pressions used  and  the  mode  in  which  remainders 
are  stated,  that  the  practice  was  to  take  a 
multiple  of  the  divisor  and  subtract  it  from  the 
dividend;  then  take  another  multiple  of  the 
divisor  and  subtract  it  from  the  first  remainder, 
and  so  on  until  the  last  remainder  was  less  than 
the  divisor.  The  series  of  quotients  was  then 
added  together,  and  the  fractional  remainder, 
if  any,  was  separated  into  a  series  of  **snb- 
multiples"  or  fractions  with  unity  for  name> 
rator.  Thus  Heron  {Geom.  ed.  Hultsch,  p.  56), 
dividing  25  by  13,  sets  out  the  quotient  a^ 
1  +  i  +  J  +  A  +  A-  No  name  for  *'  quotient  " 
is  found.  The  customary  Greek  expression  for 
the  result  of  a  division  was  that  the  divisor*^ 
part  of  the  dividend  was  so  and  so  (Friedlein. 
p.  79).  The  theory  of  the  extraction  of  sqnan* 
roots  is  exhibited  geometrically  by  Theon  in  his 
commentary  to  the  first  book  of  the  Almagest 
(ed.  Halroa,  1821:  vide  also  Cantor,  Varies. 
p.  420;  Nesselmann,  pp.  108-110;  Friedlein, 
p.  84).  The  practice,  however,  as  has  been 
said  above  under  the  article  Arithmetic  A  {q.  r.). 
was  probably  rough  and  empirical.  The  theorj 
of  finding  a  G.  C.  M.  or  a  L.  C.  M.  is  exhibited 
in  Euclid,  vii.  2,  3,  and  36,  38.  Compound 
divisions,  in  which  the  divisor  and  dividend 
contain  degrees,  minutes  and  seconds,  are  given 
by  Theon  in  his  commentary  to  Ptolemy  before 
mentioned.  (Nesselmann,  pp.  142-144.)  The 
following  example  is  selected  by  Friedlein 
(p.  83) :— 1515°  20'  15"  is  to  be  divided  by  25<^ 
12'  10".  The  first  quotient  60  is  found  by 
trial.  Then  60 -250=  1500°.  1515®  -  1500^  = 
15°  =  900' :  900'  -f-  20*  =  920' :  60  •  12*  = 
720':  920'  -  720'  =  200':  60«10*  =  10'. 
200'  15"  -  10*  =  190'  15".  The  next  quotient 
is  7'.  Then  25o-7'  =  175',  190'  -  175'  = 
15'  =  900"  :  900"  +  15"  =  915"  :  12'-7'  = 
84".  915"  -  84"  =  831" :  10" -7'  =  70'"  = 
1"  10"':  831" -1"  10'"  =829"  50"'.  The 
last  quotient  33"  is  a  little  too  high,  but  is 
adopted  by  Theon  as  near  enough  for  his 
purpose.  The  mode  of  multiplication  and  anb- 
traction  need  not  be  further  exhibited.  The 
final  quotient  is  60°  7'  33". 

No  method  of  extracting  cube-roots  is  men- 
tioned in  any  Greek  writer,  and  such  an 
operation  would,  in  any  case,  belong  more  to 
apiBfirjrtKii  than  to  \oyi<rruHi, 

(b.)  Roman, — Of  the  methods  of  calculation 
in  use  among  the  Komans  even  less  is  known 
than  the  little  which  is  discoverable  of  Greek 
logistic.  What  is  certain  is  that  the  Roman 
abacus  was  adapted  to  higher  needs  than  the 
Greek,  and  that  it  was  used  in  very  complicated 
calculations  (cf.  Columella,  de  He  Must.  iii. 
p.  115;  Friedlein,  ZoMz,  pp.  88-90,  and  plate 
21  shows  the  use  of  the  abacus  above  described 
for  various  purposes  of  elementary  calculation). 
The  Calculus  of  Victorius,  written  in  the  5th 
century  of  our  era,  is  a  ready-reckoner  of  sums, 


LOGOGBAPHI 

isStnuceSf  products,  quotients,  and  rednctiona 
«f  extnordxnary  fulness  («.  Friedlein,  pp.  93  sqq.^ 
tad  Appendix).  The  existence  of  such  a  book, 
vhieh  proTides  answers  to  questions  of  great 
simplidtj  as  well  as  to  the  more  difficult, 
teeaa  to  show  that  the  Romans  were  not  more 
»iept  at  arithmetic  than  the  Greeks.  The 
j'ltt^vs  of  Roman  writers  which  refer  in- 
HJAtallj  to  calculations,  deal  almost  entirely 
%ith  fractions.  We  maj  guess  from  Horace 
(i.  P.  327-330)  how  long  a  time  was  spent  in 
Khools  in  learning  by  heart  the  divisions  of  the 
6.%  sad  the  difierences  between  them.  •  We  may 
either  from  Piinj  (fT.  N,  tI.  §  38)  how  inexact 
the  treatment  of  fractions  was,  and  yet  how 
'iOQcalt  were  the  problems  attempted.  This 
Utter  passage  is  rery  neatly  explained  by 
Friedlein  (p.  90),  whose  note  may  be  here  giren. 
Lvope,  says  Pliny,  is  rather  less  than  IJ  of 
A  U  and  2|  of  Africa.  It  follows  that  C'  si 
miscmotur  omnes  snmmae")  Europe  is  rather 
m>Te  than  }  +  i.  Asia  \+jk  (reading  texta 
dfdma  for  quarta  decima%  Arrica  4  4-  i^  of  the 
vbole  earth.  If  T  be  the  earth,  E  Europe,  As 
Asia, and  Af  Africa,  then  T=  E+  As-h  Af. 
Ai  =  lE,     Af^f^E:  therefore   r=  (1  +  | 

TA)^  =  (|  +  ft)/2^=8J^.     Therefore  JF  = 

f!''=JH=ff3  +  *j  =  aln>«t  J  +  l,&c.    It 

viU  be  observed  that  the  mode  of  treating  the 

fractions  is  exactly  similar  to  the  Greek.     The 

treatment  of  divisions  of   the  as  and    other 

ia<3oetary  fractions   is,  of  course,  far  simpler, 

l-^cause  here  both  numerators  and  denominators 

m  strictly  limited,  and  the  terms  themselves 

'Qggcst  by  their  definition  the  mode  of  calcu- 

Utiag  with  them.     Similarly  any  English  boy, 

:s  dealing  with  pounds,  shillings,  and  pence, 

s^B  perceives  that  the  admissible  fractions  of 

&  poosd  are  limited  to  ){  or  }^  of  a  shilling  to 

^   The  methods  of  arithmetic  in  use  in  the 

Komaa  empire  from  the  time  of  Boethius  to 

thst  of  Planodes  are  exhaustively  discussed  by 

Friedlein   in    the    work   Zahizeichen,  etc.  der 

Orie^eu  und  Bdmer  und  des  Christlichen  Abend' 

^as^  mm  7.  bis   13.  Jahrhunderi,   of  which 

frequent  use  has   been  made  in  this  article. 

fiot  these  methods  cannot  be  said  to  belong  to 

dttsical  antiquity ;  and,  if  they  did,  they  could 

i»>t  be  conveniently  summarised  in  this  place. 

We  have  attempted  here  no  more  than  to  give 

rach  facts  with  regard  to  Greek   and  Roman 

uithmetic  as  are  of  importance  to  the  inter- 

pvvtstion  of   the  authors  most  generally  read, 

to  the  criticism  of  inscriptions,  or  to  a  due 

cQBception  of  ancient  life  and  manners.     [J.  G.] 

UXKrOBAPHI   iXayoyfdpoO  ii    a  name 

applied  by  the  Greeks  to  two  distinct  claases  of 

pcnoas. 

1.  To  the  earlier  Greek  historians  previous  to 

Eerodotus,  though  Thucydides  (i.  21)  applies  the 

Baoe  logographer  to  all  historians  previous  to 

^^«otA(,  and  thns   includes   Herodotus  among 

tbe  Bmnber.     The  lonians  were  the  first  of  the 

p'Kb  who  cultivated  history;   and  the  first 

jfgosrapher,  who  lived  about  Olymp.  60,  was 

^^^U)  a  native  of  Miletus,  who  wrote  a  history 

^  the  foundation  of  his  native  city.  The  charac- 

*«nstie  feature  of  ail  the  logographcrs  previous 

^  Herodotus  is,  that  they  seem  to  have  aimed 

■ore  at  amusing  ttieir  hearers  or  readers  than 

l^haparting   accurate    historical    knowledge. 

^  wrote  in  the  unperiodic  style  called  k4^ts 


LOBICA 


77 


9ipoft4vri.  They  described  in  prose  the  mytho- 
logical subjects  and  traditions  which  had  pre- 
viously been  treated  of  by  the  epic  and  especially 
by  the  cyclic  poets.  The  omissions  in  the  nar- 
ratives of  their  predecessors  were  probably  filled 
up  by  traditions  derived  from  other  quarters,  in 
order  to  produce,  at  least  in  form,  a  connected 
hbtory.  In  many  cases  they  were  mere  col- 
lections of  local  and  genealogical  traditions. 
(Thirlwall,  Hist,  of  Cheece,  ii.  p.  127,  &c. ; 
Muller,  HisL  of  Greek  Lit.  i.  p.  206,  &c. ;  Wachs- 
muth,  Hellen.  Alterth.  ii.  2,  p.  443;  Curtius, 
Hist,  of  Greece,  translated  by  Ward,  ii.  p.  499.) 

2.  To  persons  who  wrote  judicial  speeches  or 
pleadings  and  sold  them  to  those  who  were  in 
want  of  them.     These  persons  were  called  Xo- 
Toiroiol  as  well  as  Koyoypd/^i.    Antiphon,  the 
orator,  was  the  fir&t  who  practised  this  art  at 
Athens,  towards   the  close   of  the   Peloponne- 
sian  war  (Plut.  Vit.  Dec.  Orat.  p.  832 ;  Aristot. 
Bhet.  i.  33).     After  this  time  the  custom  of 
making  and  selling  speeches  became  very  gene- 
ral; and  though  the  persons  who  practised  it 
were  not  very  highly  thought  of  and  regarded 
as  pedants  (Demosth.  de  Fals.  Leg.  pp.  417, 420, 
where  see  Shilleto's  note ;  Plat.  Phaedr.  p.  257  C; 
Anaxim.  Rhet.  xzxvi.  22  and  24 ;  compare  Plat. 
Euthydem.  p.  272  A,  289  D,  305  A),  yet  we  find 
that  orators  of  great. merit  did  not  scruple  to- 
write  speeches  of  various  kinds  for  other  persons. 
Thus  Lysios  wrote  for  others  numerous  X^yovr 
cit  8(«ca<rr^pid  re  KaX  fiovK^s  Koi  irpos  iiacKriirias 
tbO^TovSf  and  besides  waynyvpuco6sf   iptrnKois^ 
and    hriTroXiKois.      (Dionys.   Hal.   Lys.  i.   3; 
compare  Att.  Proc.  p.  707=919  Lipsius;  JebbV 
Aitic  Orators,  i.  3.)  [L  S.] 

LOIDd'BIAS     DIK^     {XotJ^pUa    Zlien), 
[Kakegobias  DiKi.] 

LONGHfi  (xhxn)'    [Hasta.] 

LOPHOS  (Xrf^f).      [GALEA.J 

LORA'RIL    [Flaqrum.] 

LORI'CA  (e£pa^  a  cnirass.  The  epithet 
XxvoBdpri^  applied  to  two  light-armed  warriors 
in  the  Iliad  (ii.  529,  830),  although  it  occurs  in 
the  comparatively  late  catalogue  of  the  Ships, 
indicates  the  early  use  of  the  linen  cuirass.  'But 
with  the  exception  of  the  passages  quoted,  all 
allusions  to  the  cuirass  in  Homer  imply  a  defence 
of  rigid  metal;  for  it  is  certainly  wrong  to 
suppose  that  the  orpcirr^s  x'^^^  ^^  ^^^  I^i<^ 
(v.  113,  xxi.  31)  is  a  hauberk  of  twisted  mail, 
or  that  x^'^^X^'f'f^f'  >>  more  than  a  poetical 
epithet.  The  Homeric  cuirass  was  usually  of 
bronze  (but  cf.  77.  xi.  19-28;  xxiii.  561).  As 
regards  the  parts  of  the  body  protected,  it 
covered  the  ycurripa  fiitrfrnv  (II.  xiii.  371,  397, 
506),  but  there  is  no  proof  that  it  reached  lower 
than  this.  It  consisted  of  the  two  y6aXa,  viz. 
the  breastplate  {pectorale\  which  covered  the 
breast  and  abdomen,  and  the  corresponding  plate 
which  covered  the  back  (Pans.  x.  26,  2 ;  //.  v. 
99,  XV.  530).  In  Homeric  times  the  y6a\a 
cannot  have  been  made  to  fit  very  closely  to  the 
body,  for  a  warrior  might  have  his  cuirass 
pierced  and  yet  escape  unwounded  (77.  iii.  360 ; 
vii.  254).  The  Homeric  body-armour  consisted 
of  the  0(6pa(,  (uMrriip,  C^fia,  and  fdrpii.  There  is 
some  uncertainty  as  to  the  respective  functions 
of  these  different  pieces.  It  seems  probable  that 
the  annexed  woodcut  of  a  bronze  statuette  of  a 
Greek  warrior  found  at  Dodona  {Arch.  ZeiL 
1882,  pi.  1)  shows  the  form  of  the  thorax.    It 


fjrpu  (iJ.  IT,  132,  185).  Probably  the  fewrJrp 
m>  I  girdle  ronnd  the  lower  part  of  the  tboni, 
helpiDg  to  keep  the  two  yi^a^a  together,  and 
itself  kept  in  poiitioa  by  the  projecting  rim  * 
the  bottom  of  the  thorax,  which  was  the  (A, 
It  ie  plain  from  ■  conipirisoa  of  H.  W.  136  ud 
187  that  the  (iiia  nia  ■  part  of  the  therai. 
The  liiifti  wai  perhaps  a  metal  band,  protecting 
the  lower  pari  of  the  abdomen,  iU  upper  edges 
IviBg  beneath  the  jirojecting  rim  of  the  thorai. 
Such  bands  hare  l.«n  fonnd  in  Tfrj  early  tomb. 
in  £Qi>oeiL  and  Italy  (Helbig,  Dai  ffomerische 
Epol  aiu  dtm  DenimSlem  tridutert,  p.  199, 
fig.  67).  Specimen*  are  in  the  British  Museum. 
(On  the  whole  question  of  Homeric  body- 
■nnouT,  see  Helbig,  toe.  cit.  p.  197;  W.  Leaf, 
Jaum,  of  Hillert.  Studies,  iv.  p.  73  ;  and  Leafs 
Eomir,  II.  ir.  137),  A  temariiable  fragment  of 
It  thorax,  apparently  of  the  early  for 
incised  designs  of  .  .   -      . 


figurei 


and 


CormpotuJanca   liellfiti'iut, 


patterns    {Ball. 
vii  pll.i.-iii.). 

In  hiatDTical  times  the  ligid  thorax  (8^h{ 
ariiiet  or  mairit,  so  cdlled  because,  when 
placed  upon  the  ground  on  ils  lower  edge,  it 
stood  erect)  was  deTcloped  as  follows.  Th< 
projecting  rim  at  the  bottom  of  the  thoiai 
diiapptRied.  The  lower  part  was  prolonged  in 
the  middle  to  protect  the  .ibdomen.  (For  an 
early  example  of  auch  a  prolong;ition,  sec 
Froehner,  Choix  de  Vaaa  Greca,  pi.  iii.  See 
nlso  below  the  woodcut  of  a  Roman  emperor.) 
Round  the  lower  edges  of  the  ' 
flaps  was  attached,  consisting 
covered  with  metal,  and  serving  tn  protect  the 
hips  and  groin,  while  not  interfering  with  the 
wearer's  freedom  of  movement.  They  nre  well 
shown  in  the  following  woodcut  of  &  tigure 
of  a  young  warrior  from  one  of  Mr.  Hope's 
fictile  vases  (Ouhmes  of  thi  An^ifti.  i.  lOa). 

Instead  of  the  straps  here  described,  which 
the  Greeks  called  rrlpuys  (Xen.  de  Re  Equeal. 
xil.  4),  tbo  Chalybes,  who  wen   eDCOunt«i«d 


Lorlca  u  nom  by  a  Greek  warrior.  (Fiom  a  vur.1 
Api>endages  of  a  similar  kind  were  sometime' 
fastened  by  hinges  to  the  lorica  at  the  rigbi 
shoulder,  for  the  pnrpose  of  protecting  the 
pari  of  the  body  which  was  exposed  by  lifting 
up  the  aim  in  throwing  the  spear  or  u^ing 
'       (Xen.  de  Re  Eqaeal.  lii.  6.)     Other 


the 


13,    thus 
n  FergaT, 


,    Atlas,  f\- 


sleeves   (cf.  Ait. 
ilvii.  fig.  2). 

The  yiiAa  were  modelled  so  as  to  fit  sc- 
onrately  to  the  form  of  the  body,  as  may  i* 
seen  in  the  represent-ntions  of  them  in  the 
woodcuU  at  Vol.  I.  pp.  189,  284.  It  appeirs 
(Xen.  Memorabilia,  iii.  10)  that  great  pains  sere 
Wken  to  secure  that  the  thorai  should  fit  ll>' 
individual  wearer.  The  two  plates  were  uniteJ 
on  the  right  side  of  the  body  by  two  hingM.  m 
seen  in  the  equestrian  sUtue  of  the  yonnger 
Balbus  at  Maples,  and  in  various  poriions  ol 
bronze  cuinsses  still  in  existence.  On  the  elhrr 
side,  and  sometimes  on  both  sides,  they  >verc 
fastened  by  means  of  buckles  Owtpirm,  ^'•^ 
I.  c).     [f.ntjLA.]     ■    " -  -'^" 


hand   i 


g  the 


The  breast-pUte  and  the  back-plale 
8  further  connected  together  by  leathern 
ps  pauing  over  the  shoulders,  g>nd  faat(nF<| 
rent  by  means  of  buttons  or  of  ribands  W^ 
woodcut  both  of  f" 


I  tied  t 


Mvel.  The  hreast-plate  of  Caligula  (see  "o»i; 
cot  below)  has  a  ring  over  each  breast,  di^gi"^ 
to  fallil  the  same  pi^rpoae. 

Bands  nf  metflf  often  supplied  the  place  "I 
the  leathern  straps,  or  else  covered  them  so  s< 
to  become  very  OTnamental,  being  tenninited  ii! 
a  lion's  bead,  or  some  other  soitabl*  Ggare  »f 


LOBICA 

wazins  <n  each  side  of  the  breast.  The  most 
Mattifoi  spectmeiis  of  enriched  bronze  shoulder- 
haads  bov  in  existence  are  those  which  are  re- 
p  rted  to  hare  been  found  A.D.  1820,  near  the 
rrer  Siris  in  &  Italj,  and  which  are  preserred 
J  t^  British  Moseom.  Thej  were  originally 
:K  and  represent  in  Terj  salient  relief  two 
hnti.  heroes  combating  two  Amazons.  They 
jv  MTU  inches  in  length,  and  belong  to  the 
.--<cTiption  of  bronzes  called  Ip^a  <r^vf»4\ara, 
'irin^  been  beaten  into  form  with  wonderful 
mil  bj  the  hammer.  Brttndsted  {Brcnzes  of 
\ns  London,  1836)  has  illustrated  th^  purpose 
vLich  they  serred,  by  showing  them  in  con- 
i-xkic  with  a  portion  of  another  lorica,  which 
.1;  upon  the  shoulders  behind  the  neck.  This 
riKxcnt  was  found  in  Greece.  Its  hinges  are 
»i:&iently  preserved  to  show  most  distinctly 
'It  manner  in  which  the  shoulder-bands  were 
ia^euti  to  them  (see  woodcut). 


LOBIOA 


79 


Lortca.    (British  Mnsemn.) 

The  form  and  appearance  of  the  thorax  as 
v-ni  br  Roman  generals  and  emperon  is  shown 
a  the  annexed  woodcut,  which  is  taken  from  a 

marble  statue 
of     Caligula 
n  -  ,11 1,  ,^  found  at  Gabii 

l/\\  B??^  (Visconti, 

Men.  Oab.  No. 

1  \   ..-^zmJMU^  38).  Thegor- 

gon's  head 
orer  the 

Lreast,  and 
the  two  grif- 
fins under- 
neath it,  il- 
lustrate the 
style  of  orna- 
ment which 
was  common 
in  the  same 
circumstances 
(Mart.  TiL  1, 
l-4w  A  clas- 
sified table  of 
the  designs 
that  occur  on 
imperial  cui- 
rasses u  given 
by      Wntby 

^«  worn  by  a  Roman  emperor.   {?^!^    jf 
^SuiBtorcuipilatandataSMl.)   ^^len,     Sht- 

^'V-  [kmnA    The  execution  of  these  oma- 
~«JU  in  relief  was  more  especially  the  work 
•  ^  Corinthians  (Cic  Verr.  ir.  44>  132). 


Of  Grecian  cuirasses  the  Attic  were  accounted 
the  best  and  most  beautiful  (Aelian,  V.  H.  iii. 
24).  The  cuirass  was  worn  by  the  heavy-armed 
infantry  and  by  the  horsemen,  except  that 
Alexander  the  Great  is  reported  to  have  given 
to  the  less  brave  of  his  soldiers  breast-plates 
only,  in  order  that  the  defenceless  state  of  their 
backs  might  diminish  their  propensity  to  flight 
(Polyaen.  iv.  3,  13>  These  were  called  half- 
cuirasses  (^|u0wp«Uia). 

The  rigid  cuirasses  which  have  now  been 
described  were  sometimes  found  to  be  very 
oppressive  and  cumbersome  (cf.  Tac.  Ann,  i.  64), 
and  various  forms  of  flexible  cuirasses  were 
devised,  which  could  adapt  themselves  better  to 
the  movements  of  the  body. 

In  Homer  {pide  supra)  the  only  indication  of 
a  flexible  cuirass  is  contained  in  the  epithet 
\ufo9d»pifll  applied  to  two  light-armed  warriors^ 
the  Locrian  Ajax  and  the  Mysian  Amphios. 

In  later  times  the  linen  cuirass  continued  to 
be  worn,  principally  amongst  the  Oriental 
nations,  especially  the  Persians  (Xen.  Cyrop,  vi. 
4,  §2;  Piut.  Alex.  p.  1254,  ed.  Steph.]^  the 
Egyptians  (Herod,  ii.  182,  iii.  47,— description 
of  the  famous  linen  cuirasses  of  Amasis),  the 
Phoenicians  (Pans.  vL  19,  §  4X  tnd  the  Chalybes 
(Xen.  Anab.  iv.  7,  §,1^.  One  of  the  inventories 
of  the  Parthenon  contains  the  (conjectural  ly 
restored)  entry  of  thirteen  ewptucts  Kit^oT  koI 
^AiSon-o/  (C.  /.  A.  ii.  731,  1.  25).  Iphicrates 
endeavoured  to  restore  the  use  of  it  among  the 
Greeks  (Nepos,  Ip/iicr.  i.  4),  and  it  was  occasion- 
ally adopted  by  the  Romans,  though  considered 
a  much  less  effectual  defence  than  a  cuirass  of 
metal  (Sueton.  Gaiba,  19 ;  Arrian,  Tact.  p.  14, 
ed.  Blancardi). 

A  much  stronger  material  for  cuirasses  was 
horn,  which  was  applied  to  this  use  more 
especially  by  the  Sarmatae  and  Quadi,  being 
cut  into  small  pieces,  which  were  planed  and 
polished  and  fastened,  like  feathers,  upon  linen 
shirts  (Amm.  Marcell.  xvii.  12,  ed.  Wagner). 
Hoofs  were  employed  for  the  same  purpose. 
Pausanias  (i.  21,  §  8)  having  made  mention  of  a 
thorax  preserved  in  the  temple  of  Aesculapius 
at  Athens,  gives  the  following  account  of  the 
Sarmatians :  Having  vast  herds  of  hones,  which 
they  sometimes  kill  for  food  or  for  sacrifice, 
they  collect  their  hoofs,  cleanse  and  divide 
them,  and  shape  them  like  the  scales  (^xfScs) 
of  a  serpent,  or  the  petals  of  a  fir-ctme.  They 
then  bore  holes  in  the  scales  and  sew  them  to- 
gether, so  as  to  produce  a  cuirass,  inferior 
neither  in  elegance  nor  in  strength  to  those  of 
Greek  workmanship.  This  author  adds  that  the 
loHcae  made  of  these  homy  scales  are  superior 
to  linen  cuirasses,  which  are  useful  to  hunters, 
as  a  protection  against  the  bites  of  wild  beasts, 
but  are  not  adapted  for  fighting.  The  woodcut 
on  page  80,  taken  from  Meyrick's  Critical  Inquiry 
into  Ancient  Armour  (plate  iii.),  exhibits  an 
Asiatic  cuirass  exactly  corresponding  to  this 
description.  It  consists  of  slices  of  some  animars 
hoof,  which  are  stitched  together,  overlapping 
each  other  in  pf  rpendicular  rows,  without  being 
fastened  to  any  under-garment.  The  projection 
nearest  the  middle  must  be  supposed  to  have 
been  worn  over  the  breast,  and  the  other  over 
the  back,  so  as  to  leave  two  vacant  spaces  for 
the  arms. 

This  invention  no  doubt  preceded  the  metallic 


80  LOBICA  LOBIOA 

■cal«  mnonr.    The  Rhoialani,  a  Iribc  allied  to  I  ii  a  Bpccimen  in  the  N«w  Mumiii  at  Oxford  <n| 
the  Sannatiau,  defended  thenuelTu  by  wearing  |  thii  ■TmoBT  ia  broiue,  from  Kertch.    The  bajidl 


,  (Meyikk.) 
a  dren  coniiating  of  ChiD  pUtea  of  iron  and  hard 
leather  (Tac  HM.  i.  79).  The  Peni»n»  wore  a 
tonic  of  the  tame  defcription,  the  scitei  being 
Bometimes  of  gold  (Herod,  vii.  61 ;  eipvm 
Xfiatov  KfuXirir,  ii.  22);  but  the;  were 
commonlf  of  bionze  (Ikoraca  indatut  afnit 
squamii,  Verg.  Am.  li.  4ST).     Tbe  bnais  of  the 


MroDg  linen  to  which  the  metallic  kkIcs,  or 
"feathei*,"  aa  they  are  alao  called,  were  sewed 
(Verg.  Am.  iL  770;  Serr.  in  loc.;  Juatin, 
i\L  2, 10). 

The  N'ew  Mmeiim  at  Oiford  contiini  a 
remarkable  apecimen  ftmn  Kertch  of  a  pi»ce  or 
B  6ipai  X(TiJiiT()i :  the  icalea  of  bionie  are 
futened  bv  leather  thonga  to  a  lining  of  hide. 
(See  woodcnt  from  Jovm.  a/  Hellcn.  Studia, 
pL  irlL  Gg.  3.) 


Mpit  ;unSM^.  (From  KertiA,) 
An  anned  horaeman,  on  the  frieie  of  the  weat 
aide  of  the  Parthenon,  wean  an  inleretting 
combination  of  a  9ifa(  rr^iai  and  AiTiBtn-di. 
On  the  bnaat  and  an  the  back  are  metal  platet 
(handaomelj  ornamented),  which  are  joined 
together  it  the  aides  by  icale  armenr. 

The  epithet  XtviHttriff,  as  applied  to  a  thorai, 
ii  oppoied  to  the  epithet  <pa\iSirr6i  (Arrian, 
Tact.  p.  13,  U).  The  former  denotes  a  aimiti- 
toda  to  the  icatei  of  tiih  (ImrlUt),  the  latl«r  to 
the  acales  of  aerpenti  (^a\tSft).  The  reaem- 
hlnnce  to  the  scales  of  serpents,  which  are  long 
and  narrow,  ia  exhibited  on  the  tbonldera  of  the 
Roman  soldier  in  the  woodcnt  at  Vol.  I.  p.  190. 
These  scales  were  imitated  by  long  Deiible 
banda  of  metal,  made  to  fold  one  over  another 
according  to  the  contraction  of  the  bodj.    There 


1.;^  nMan  and  AentwrJt,  umMotd.    (Frau  Use 

Paithenoo.} 

are  riretcd  together  by  bnmie  wirr,  aoil 
fastened  upon  a  lining  of  tmigh  hide,  which  a 
stilt  in  a  wonderfiilly  good  state  of  preaervat  iob. 
(Joam.  of  HtUen.  Sttidia,  pi.  iIti.  fig.  1  :  cf- 
Compte-rindu  <Jt  la  CcniiR.  fmp.  Ar^  187ti, 
pt.  ii,  figs.  11,  le,  20.)  They  appear  very 
frequently  on  the  Roman  monuments  or  the 
times  of  the  emperora,  and  the  following  wood- 
cot  place)  in  immediate  contrast  a  Otipti( 
Xsrilwrii  on  the  right  and  ^oXiStrrbi  od  the 
left,  both  taken  ttm  BaitoU'a  Jntt   ZWmb>- 


A  lighter   and   more  inexpanaiTC  thorax    of 

leather  without  metal  additions  was  lotroducrd 
at  an  early  period  (cf.  e.g.  the  archera  on  the 
pediments  of  the  temple  at  ArginaX  '"^  ■">■ 
known  aa  the  ffra\dt  (Poll.  lii.  70). 

The  hauberk  or  habergeon  of  chain-mail 
(iAvffitwTobi  eipaas,  Polyb.  ti.  31 ;  Athen. 
T.  22;  Arrian,  /.  c),  which  was  worn  by  the 
Roman  hastati.  was  alao  a  characteristic  weapea 
of  the  Qaula  (Varro,  L.  L.  v.  116;  PoMldonioi 
ap.  Diod.  V.  30).  Fjamples  occur  on  the  relief* 
of  Oaoliih  trophies  from  the  temple  of  Athena 
Polias  at   Pergamon   (_Alt.  xm   ."    " 


LOBICA,  LOBICATIO 

itbs,  pL  iJir.  fig.  1,  pi.  xlri.  fig.  2,  pi.  zliz. 
6{.  4  =  woodcvtj^    The  curass  of  chain-mail 


LUCEBKA 


81 


^  (Teapla  of  Attma  PbllM  at 
yBigainoiL) 

ippctn  to  bare  been  ntarl  j  the  same  shape  as 

^  of  horn,  eDgrared  abore.     The  two  sides 

iRJ^ioed^aad  the  projecting  pieces  are  brought 

Ne  oTcr  each  shoolder,  and  are  fastened  by  the 

Wr  apoQ  the  breast.    The  whole  is  made  of 

tUfk  viie  twisted    in  an    elaborate  pattern. 

Vir^  KTeial  times  mentions  hauberks  in  which 

Ok  liags,  linked  or  hooked  into  one  another, 

VCT8  of   ffold    C'loricam    consertam    hamis, 

tsnqiM  triliccm,"  Verg.  Am.  iii.  467 ;  t.  259 ; 

TIL  639).   According  to  Yal.  Flaccos  (Argon,  yi. 

23i),  the  Sannatae  corered  both  themselves  and 

tiKix  hones  with  chain-mail.  [J.  7.]  [A.  H.  S.] 

LORI'CA,  LORIGA'TIO,  in  archiUctnre. 

piraps ;  TicioiuuM  Opub.Y 

U)UTBON(\mrrp^>.    [Balneas.] 

iUCAR  was  the  money  paid  from  the  state 

tRmr  to  those  who  presided  oyer  the  Indi 

fotid,  as  the  state  contribution  towards  the  ex- 

ptKts(ThTcAo^yi«yer  c<s  B4asy  Pint.  Q.  JR,  88). 

^  wns  Qrigiaally  to  have  been  the  money 

^•nrei  from  /«cs  or  aacred  grores  (Fest.  s.  ty. 

^aad  feoKMMi;  Pint.  /.  c);  but,  being  paid 

£to  the  public  treasury  and  devoted  to  the  ez- 

F^  of  the  ludi,  it  bears  regularly  this  acquired 

^^*mu  of  money  devoted  to  payment  of  actors 

«f<odally  and  other  ezpenses  ot  the  games.    In 

It .  Am,  i.  77,  it  is  stated  that  decrees  were 

^>^onder  Tiberius  to  zemove  certain  abuses 

r.Utiag  to  theatrical  shows,  and  among  them  to 

i  cH  the  payments  from  the  treasury  (*'  de  modo 

^vrs');  with  which  corresponds  Suet.  Tib.  34, 

*"  Uiorun  ac  munemm  impensas  arripuit  mer- 

<«^1»Qi  weaicorum  redsis.^    The  holder  of  the 

P^  (tjg.  the  praetor.  Pint.  Brut.  21 ;  Juv. 

v..  379)  ptid  the  meriedm  to  actors  and  the 

'tft«r  opones  which  were  Incurred ;  but  towards 

^ke received  the  heat  from  the  sUte.    As  a 

^  »f  liberality  he  might  forego  this  aid. 

1^  m  the  ivcription  Qrell.  3882  a  certain 

AviBi  Lopodanus  "in  ludos  cum  aoeepisset 

Miice  lacari  misso  de  suo  erogationem  fecit." 

Aetordiag  to  a  regulation  of  Servius  Tollius  at 

^^  ^ctth  (partly  with  the  object  of  securing 

*  ?<{»Ur  of  deaths),  a  piece  of  money  had  to  be 

r^MQtcd  to  the  goddess  Libitina  (Dionys.  iv. 

'This  money  was  called  Ivoar  LMtmae 

'"^^  3H9).    tfence  in  Horace,  Sat.  u.  5, 1», 

JRimi  ii  caUed  "  Libitinae  quaestus :  '*  so  in 

'^^•^^'Z^,  **pestilentia  unius  autumn!  quo 

^gau  fottcrnm  roilJia  m  rationem  LUntinae 

'**^"    (Preller,  Sdm.  Myth.  387;  Mar- 


quardt,  Staatsceno.  iii.  488 ;  Mommsen,  Stoats- 
reeht,  ii.  61.)    [LuDi,  p.  87.1  [G.  £.  M.] 

LU'CERES.    [PATWcnTl 

LUCERNA  (Mxvosyt  an  oil  lamp.  The  Greeks 
and  Romans  originally  used  candles ;  but  in  later 
times  candles  were  chiefly  confined  to  the  houses 
of  the  lower  clashes.  [Camdela.]  A  great 
number  of  ancient  lamps  has  come  down  to  us ; 
the  greater  part  of  which  are  made  of  terra-cotta 
(rpox^Aorot,  Aristoph.  Eod.  1),  but  also  a  con- 
siderable number  of  bronze.  Most  of  the  lamps 
are  of  an  oval  form,  and  flat  upon  the  top,  on 
which  there  are  frequently  figures  in  relief.  (See 
the  woodcatSi  Vol.  I.  pp.  211, 619.)  In  the  lamps 
there  aze  one  or  more  round  holes  according  to  the 
number  of  wicks  (ellycknU)  burnt  in  it ;  and  as 
these  holes  were  called  from  an  obvious  analogy, 
tuMcriipts  or  /i^atf  litermlly  nostrils  or  nozzles, 
the  lamp  waa  also  called  McnomyxoSj  Dhnysos  or 
hiiychniSf  X\rimyxo9f  or  Folymyxos^  according  as 
it  contained  one,  two,  three,  or  a  greater  number 
of  nozzles  or  holes  for  the  wicks ;  and  there  is 
besides  the  central  hole  for  pouring  in  the  oil, 
usually  covered  with  a  lid.  The  following 
ezample  of  a  dimyxoa  luoema^  upon  which  there 
is  a  winged  boy  with  a  goose,  is  taken  from  the 
Jfiiseo  BorbotnioOf  yoL  iv.  pL  14i 


Luoeroa.   (iftet.  50r%.  iv.  pi.  14.) 

For  the  polymyzos  cf.  Mart.  ziv.  41 : 

**  niustrem  cum  tota  mils  convlvia  flsmmis, 
Totque  gersm  myzas,  una  lucenia  vocor ;  ** 

and  see  the  woodcut  Vol.  I.  p.  331. 

The  nezt  woodcut,  taken  from  the  same  work 
(vol.  i.  pi.  10),  represents  one  of  the  most  beautiful 
bronze  lamps  which  has  yet  been  found.  Upon  it 
is  the  figure  of  a  standing  Silenus. 


Lucema.    (JAm.  Barb.  L  pi.  10.) 

The  lamps  sometimes  hung  in  chains  from  the 
ceiling  of  the  room  (Verg.  Aen.  i.  726 ;  Petron. 
30 ;  Stat  Thtb.  i.  521),  but  generally  stood  upon 

a 


LUCTA,  LUOTATIO 


LtrCTA,  MIOTATIO 


Sorion.  *ol.  vii.pl,  15), 
vhichoUo  eihlEiUthe 
nee<Uc  or  iTutTument 
whicb  wrrtd  to  trim 
the  wiclt,  uid.  is  at- 
t&ch*d    Ui   the  Sgan 

(Comp.  Veig.  Morci. 
11,  "£t  prgdacit  OCa 
itupu  himiore  caroa- 
tet.") 

Wa  nad  of  hmtmae 
aibicabtrea,  balnearet, 
iriclmiarei,  aepalnrala, 

were  only  pven  to  the 
buDp*  on  ucoQiit  of 
the  pujpoKS  to  vrhich 
they  were  applied,  uid 


.    bed- 


night. 


ebaniben 
(M«rt.  Ill 

Perfumed  oil  wms  »nietiiiiei  burnt  iu  the  lampi 
(Petron.  TO ;  Mart.  i.  38,  9).  The  lepulchrol 
lamp!  nere  not  merel;  placed  and  htt,  but  were 
lighted  u  ■  pioui  duty.  So  iu  the  folloirlDg 
condition  of  freedom :  "  Saceui  Mrms  meus  et 
bntjchia  luiciUi  mea  sab  hic  coaditione  liberi 
iDUto,  ut  monumento  meo  nltemii  meniibot 
lucernam  acccadont  et  solemaia  iDortiB  pera- 
gant  "  (Dig.  40,  4,  44). 

(PuuTi,  Lveemae  fietSti;  Birch,  Andeat 
Pottery,  ii.  277  ;  Marquardt,  FritaO^xn,  645  ; 
BeckeivOclll,  Chariklts,  iii.  86  ;  Galliu,  ii.  390.) 

rw.  S.]  [G.  E.  M.] 
tUCTA,  LUOTATIO  (mUii.  riXaia^a, 
ToAuv^uiruni,  or  na^uXixiii,  wreatiiug.  The 
nord  TiAi)  ia  sometimes  used  in  a  wider  sense, 
embracing  all  grmnaitic  eiercisu  with  the 
eiception  of  dancing,  whence  the  scliooU  cf  the 
athletae  were  called  palatltrae  ;  that  is, 
in  which  the  toAi)  in  its  widest  aenae  was 
taught  (Phit.  Legg.  rii.  p.  795).     [Pi 


Th>^ 


any  pas: 


:ieiit  V 


in  which  riXij  and  TaAafeir , 
any  particular  species  of  athletic  games  besides 
wrestling,  or  a  combination  of  several  games. 
(See  Kranse,  QgniiuutiA  und  Agimittik,  p.  400, 
note  2.) 

The  Greeks  aacribed  the  invention  ofwreitling 
to  mythical  personages,  sncb  as  PaUestra,  thi 
daughter  of  Hermes  (Apollod.  ii.  4,  §9),  AaUeu! 
and  Cercyon  (Plat.  Legg.  vii,  p,  796),  Phorbas 
of  Athens,  or  Tbneus  (Schol.  ad  Pind.  Sem.  T. 
49).  Hermes,  the  god  of  alt  gymnastic  exercises, 
also  presided  orer  the  iri\ii.  Theseus  is  said  by 
Pansanias  (i.  39,  g  3)  to  hare  been  the  first  whi 
reduced  the  game  of  wrestling  to  certain  rules 
■nd  to  have  Uius  raised  it  to  the  rank  of  an  art 
whereas  before  his  time  it  was  a  rude  light,  ii 
which  bodiij  use  and  strength  alone  decided  the 
victory.  The  most  celebrated  wrestler  in  the 
heroic  age  wu  Heracles.  In  the  Homeric  age 
wrestling  was  much  practised,  and  a  description 
of  a  wrestling  match  is  given  in  the  Iliad  (iiiii. 
710,  &c.;  corner*  Od.  viii,  103,  126,  246). 
During  this  period  wrestlers  contended  nakcdi 


(Ktsusc.) 

fSfu  (il.  xiiii.  683),  and  this  custom  i 
tfaroaghont  Greece  until  01.  lb  (=  7i 
from  which  time  the  pefiioma  was  no  losl 
used,  and  wrestlers  fought  entirely  nil 
(Thucyd.  i.  6,  with  the  Schol.  and  Boeckh'si 
to  C.  I.  Q.  i.  p-  554.  who  shows  that  fran 
time  of  Oraippna  (Pans.  I.  c),  i.e.  720  n.a 
632,  rnuDers  put  off  the  npf^afia,  but  ths 
was  only  a  short  time  befbre  the  age  of  Tlioe 
dides  that  those  who  contendod  in  other  dcjot 
menu  of  athletics  put  it  off.)  In  the  Homti 
age  the  custom  of  anointing  the  body  fur  tl 
purpose  of  wrestling  does  not  appear  (o  I» 
been  known,  but  in  the  time  of  Solon  il  < 

Juite  general,  and  was  said  to  have  beea  sdipt 
y  the  Cretjuis  and  Lacedaemooians  at  i  " 
early  period  (Thocyd.  (.  c. ;  Plat.  *  «e  iW. 
p.  452).  At  the  festival  ofthe  StheniainAri 
the   liiKti    WBi   accompanied    by    flute-miBi 

[STHEHW.] 

The  contest  in  wrestling  was  divided  byll 
ancients  into  two  parts,  vis.  the  rdAn  i^  ' 
IpSfa  iiiAoirrittir  nAnleu') ;  that  ii,  the  fig 
of  the  athletae  as  long  as  they  stood  aprif) 
and  the  ixMnirii  or  k^Xhtu  [Ivcia  niatnliri 
in  which  the  athletae  stmggled  with  eodi  olh 
while  lying  on  the  grouni  Unless  thsj  » 
trived  to  rise  again,  the  iiXlrSiiait  wa!  tbf  Is 
stage  of  the  contest,  which  continued  ontil  m 
of  them  acknowledged  himself  to  be  cociiurn 
{inyoptiiir,  icwtntW).  The  nUq  JfA  'FF^ 
to  have  been  the  only  one  which  was  fo'ij'" 
the  times  of  Homer,  at  well  as  aftenraidi  in  il 
great  national  games  of  tlie  Greeks ;  and  at  H< 
as  one  athlete  fell,  the  other  allowed  hio  <»  "; 
and  continue  the  contest  if  he  still  felt  ipdioj 
(Sense.  Ep.  13,  2  ;  Lucian,  Lexiph.  5).  BdI  , 
the  same  athleU  fell  thrice,  the  riclorj  •] 
decided,  and  be  was  not  allowed  to  t'J 
(Senec.  de  Beatf.  v,  3 ;  Aeschyl.  Bm.  -'^ 
Aathoi.  Or.  vol.  ii.  p.  408,  ed.  Jacobs).  A>'] 
winner  of  three  &lls,  the  victor  was  ol" 
Tp,«T*p  (Aesch.  Ag.  1711 ;  simiUrly  "»  "1 
is  not  conquerable  ii  irpliirTot  (0ioeph.  ''•'^ 
The  iXJ>*iirii  was  only  fought  in  later  tiocl 
the  smaller  games,  and  especially  in  th"  )'*! 
cratinm.  The  place  where  the  wrwtlsrJ  f^ 
tended  was  generally  soft  ground,  sad  w'' 
with  sand  (Xen.  Anali.  iv.  8,  S  36 ;  t"/'; 
,  Anach.  2).    Each  of  tlie  vmrious  tribes  ef  « 


LUCTA,  LDCTATIO 

Grab  MMB  U  bare  ihairn  it<  pccnlln  ani 
u(.juI  cbaroeUr  in  the  game  of  wrestling  ii 
KJ>-  puticoUr  trick  or  ittBtagim,  hj  which  i 
ULilbd  the  otben. 


LUCTA,  LUCTATtO 


83 


.    (Kruue.) 

Tim  wen  nrtain  nile»  for  wrutling  (Pl»t. 
Ui},  TiiL  S33  E ;  cf.  Lueian,  Dtmon.  49),  e^. 
tkil  itrikiBg  wu  not  allowed,  thongh  pnahing 
«B  (|nil(  fair  (Pint.  i^pMioc.  ii.  5 ;  Ludan, 
_._.    „,       _  .     .,     ^  «-,        gjjj  within 


IK  Ukf^ar  (cf.  Xen.  Cy-  "■  «>  32).  Well- 
IniMd  wrtftlen  weis  not  latiiSed  with  merely 
tSmisf  the  deft«t  of  their  adveruiy,  but 
Lviyi  itroTC  to  diipUf  grace  and  elegance  in 
ttdi  ftrlinaaoaa  (Cic  Oral.  68,  228).  Prior 
I-  the  nmteat  eacb  combatant  nied  to  anoint 
til  other,  and  mb  him  orer  with  fine  dn(t  or 
«»l  (Or.  Ma.  ir.  35  ;  Lueian,  AnacH.  I).  The 
•i!  ■«>  Diefal  to  make  the  wreitlen  more 
InikW  and  agile  (tirarArtpa,  ■».  24),  and  the 
ka  to  allow  the  aJreiMrr  to  get  a  grip,  besides 
kis;  adTantagvoM  to  the  nreitler  himieir  ic 
tU  it  pnreoted  him  Tram  penpiring  too 
ifuelf  and  from  utching  cold,  as  one  ia  likely 
U  4<  if  cinaed  to  the  wind  with  one'i  pores 
om.  lad  alio  In  that  it  enabled  the  dirt  to  be 
imt  taailf  lenped  off  after  the  contest  wu 
■'»r(A29),  There  are  a  great  many  technical 
trai  ^>pbed  to  diSerent  kinds  of  wrestling 
<Hl  ai.  1S5).  which  are  aet  forth  b;  Krauae 
f'-nrnta  laul  Agoniita  der  Heltam,  i.  400- 
4^,i!h  in  kit  art.  Gymnialioa,  §Tiii.  in  Panly'i 
f-flmj^opaiit,  iii.  1006-1009)  and  Grasbergei 
Owtaa;  (Hi   UnttrricU,   i.  331-373),   gnch 


Ilia  conaiated  in  one  of 
i"  wmtlera,  if  he  had  rery  powerful  hands, 
■«^>f  the  fingers  of  the  other,  and  sometimes 
^ntlin;  then,  thns  compelling  his  adversary 
"  SIT,  ttp  (Artemid.  Onor.  i.  80  ;  cf.  Aristot. 
£a,.V,  iii.  1,  17),  One  athlete,  Soatrataa  of 
^m,  (rsni  hia  incceai  in  this,  was  called 
•^Vftrrit  (Faoa.  vi.  4,  1).  This  featore, 
'^rnt,  u  well  ai  breaking  the  toes  (Pans. 
y-  M.  2),  belongs  mostly  to  the  Pancratinm 
.fisrUTltw]. 

'■  V^mv  «r  Sfi^nattt — a  word  for  gnup- 
■*■  setting  the  "gHp"  iKafiii,  I/ifu).  The 
'"-"•ty  mtthod  appears  to  hare  b«en  thia ; — 
"*•  »iistleia  naed  to  approach  one  another  with 
Yyi  ud  eit«nded  arma,  and  Uke  np  a 
™^I»rtoB  of  attack  with  the  right  leg 
.  ""Oeail  ud  the  upper  part  of  the  body  drawn 
II^Tlttt  kick.  Then  each  adTsnced  hia  left 
"(  ttl  they  w*R  close  together  (cum  pafs  pes 


jmctu.  Or.  Ma.  ii.  45,  a  (Huitlon  'called  by 
Plutarch,  I.  c,  irtatairij  or  wapiBtira),  arched 
his  neck  and  ehoulders,  contracted  ((f^j«i4<rai) 
his  body  as  much  as  possible,  and  thus  standing 
each  tried  to  get  his  grip  (Heliod.  AelA.  i,  31 ; 
Or.  Met.  is.  33  ff. ;  SUt.  TAeb.  Ti.  850  ff.  See 
also  cut  in  Gnhl  andEoner,p.  267).  The  efforts 
to  get  the  grip  are  tirtdly  described  by  Statins 
in  bii  account  of  the  wrestling  match  between 
Agylleus  and  Tydeos  (ib.  860):  "Et  jam 
altema  msnns  frontemqne  hnmerosqae  latusque 
Collaque  pectoraque  et  riuntia  crura  lacesiit 
Interdumqaa 


knocked  their  heads  together  imrapdTTvr  -ri 
utrma,  Lncian,  Anach.  1 ;  "  ct  frontem  fronte 
premebaoi,''  Oy.  Met,  ix.  45),  Cf.  illnstration 
So.  I.S89  in  Banmeister'a  DnJanthr:  but  anch 
"butting"  was  only  incidental,  and  not,  as 
Guhl  and  Koner  say,  a  regular  featnre  of  the 
wreatling.  Freqaentlir  both  wrestlers  took 
"body-grips"  (twAo^ifl^ii'),  aa  in  the  wreat- 
ling-match  intheiiiW,ixiii.  711.  In  that  case, 
if  one  fell,  the  other  did  too,  he  who  was  upper- 
most being  considered  the  victor  in  that  fall. 
This  ia  the  meaning  of  rirrn  i'  iir^at,it  oit' 
jirl  rir^  in  Aesch.  Svppl.  90.  We  have  seraral 
illnatrationa  ofwreatleri  grasping  Joit  above  the 
waist,  so  aa,  either  h;  eitreme  preasure  or  by 
dragging  hia  adTeraary  aboat,  to  farce  him  to 
anrrender  (Krauae  in  Panly,  p.  IOCS);  or  aome- 
times  an  arm  and  a  shoulder  are  gruped. 

3.  jtyxetv,  invrfffU', 
choking.    This  waa  done  ,^j 

either  by  throwing  both  ^ 

arms  round  the  neck, 
generally  from  behind 
(Theocr.  iiv.  268 ;  Pbil- 
ostr.  Imag.  i.  6,  p.  384, 
Kayser)  or  by  a  very  tight 
pressure  in  the  middle  of 
the  body,  aa  Hercules 
strangled  Antaeaa  (ipi- 

•upw    Snnartr    'HpcucA^i 

lAda'ui  inrim-tirt,  Schol. 

to    put.   Ltgg.   796  A;   ' 

Stat.    27i»*.  Ti.    897),  or  VnM^-iyymr.    (Her- 

by  the  elbow  pressed  up        ^^  ^'""■> 

under  the  cbin  (Lncian, 

Anach,    1),   a   method  cf  strangling   which   is 

perhaps  meant  by  iryKariitit. 

t.  \iiyi(tir  is  a  general  term  for  the  bending 
and  twisting  which  ia  aeen  in  all  wrestling:  cf. 
Hcaiod,  3cul.  303,  fidx*'*"  iMnfiiv,  which 
nfan  to  wrestling. 

5.  iympi^tai  waa  some  trick  of  "hooking" 
(StkiV",  "a  hook")  the  leg  round  the  legofQie 
adversary.      It  differa  according  to  Hermann 


84  LtJCTA,  tVCTATIO 

(lip.  GTulHTggr,(w.  d't.i.  355)  from  lhrara<\(£«u' 
in  thii  rapict,  that  in  th<  latter  tbc  trippiDg 
foot  ii  not  taken  off  the  gronnd,  while  in 
Aymplftiii  it  ii.  Bat  man  probabij  fnroinc*- 
AiCtiv  ii  a  generic  tenn. 

6.  ^/idtUAdv,  mfituBi^Ktai  (Plat.  Sgmpotiac. 
ii.  4 ;  LudMi,  Ocyp.  60)  wu  proballj  making  a 
charga  in  front  or  on  the  rida  at  the  opponmt: 
for  we  know  that  puihing   nu   allowed.    Cf. 

T.  vofoiifoiitir,  to  make  a  feint  of  gruping: 
cf.  Slat.  Thtb.  ri.  8TG,  "fictarnqne  in  colla 
minatm  Crara  subit."  The  word  it  derived, 
according  to  Etym,  Magnum,  i.  t.  wapaJtpoitrai 
(652,  48),  Anrrf,  Ml  utra^Bfai  rir  nXai(rrfii> 
ob  KBTagaXximtw  iX\'  Ir  £pf  nepaMftvirrur  1) 
ToSl  9i  xtifil  jial  ob  ptwrirrtptf, 

8.  twairK4)iiifir,  supplanlare.  Thii  ii  a 
EODersI  term  for  "  tripping  up"  or  ''taking  the 
lege  from  under  "  one"*  opponent :  cf.  6^\^  t4 
xM*  (Lncian,  Dial.  Dear.  Tii.  3),  bwirvft  t4 
a%i\il  <Diod.  iTil  100).  k  ipedal  fonn  of  this 
Mcnrt  in   the  wnntling-match    in   the   iliad 


Another  form  conaiated  perhapi  ia  preaiiog  the 
right  teg  of  the  opponent  inwarJs  it  tl  r^ni 
TH^i^r  (Horn.  A  iilii.  731).  TbU  tbt 
Scholialt  call*  wynaarayyli. 

S.  Kmrfirtvt,  the  general  word  for  "  apiet- 
ting,"  which  waa  the  raaolt  of  4«w«^(f(0f  (cf. 
Plat,  flrfftjfd  278  B).  Plntarch  (i.  c  S)  ipeaka 
of  ■'(iKTfiBiml.  The  roetbodi  wen  Tarioni,  t^. 
graiping  the  opponent'a  leg  and  loddenl;  polling 


it,  lifting  him  clean  off  tht  rrannd 
AiiacAS4). 

Thii  eondiled  <a  one  wreatler 


be  generallj  leaped  on  hii  adTeraarr'i  back  (Oi 
Utt.  ii.  52  ff.),  twitting  hit  legs  tightlj  ronoa 
hie  thighs  (Hesych.  i.  n.  txiyiia) ;  or  gnuped  hii 
adrerxary'i  lidei  low  down  roaod  the  atomach, 
railing  him  off  the  earth  and  cnubing  him  with 
a  Tiolent  preuare  at  the  lame  time ;  or  drove 
hia  elbow  np  under  hi<  chin  to  choke  him 
(Lnciui,  ^iucA.31).  In  Statim  (f.e.  89S),  when 
Tjdeni  geti  hit  adrenarjp  well  rniied  up  off  the 
groniid,  he  turned  him  obliqaelr  (ai  in  the  cut 
nnder  pAHcCLaTiOM),  let  him  Jall,  and  &lling 
along  with  him  bad  an  h\\3rhrta\i  on  the  gronnd 
(cf.  I.ncinn,  itiacK.  1).  The  AigiTei  wen 
celebrated  for  thii  kind  of  lodden  twlit  in  order 
to  get  on  the  opponent'a  back,  and  wen  called 


LUDI 

bj  Theocritaa  (irir.  109)  JBiM«Yp4^i=  "an, 
bntlock  men."  Cf.  H)v  ibnr  vroiftir,  Thteiil 
Char.  1.  (iiTii). 

11.  K\ifuiiitl£*irBppeantomeaD  thatiifleni 
denlf  taming  hia  opponent  round,  the  wml 
clarobered  np  hit  liack,  ai  it  were  up  a  Itdd 
Thii  i>  Hermann'i  not  rerj  uitiifactarj  eiplu 
tion  of  iiii^w\tKTiu  nxliiaiut  in  Soph.  True),,  b: 
Krauae  (in  Panly,  996)  eajt  it  ii  a  rapid  mo 
meat  of  the  thigh,  whereby  the  adrersari  • 
thrown  down.  But  thii  ii  far  from  deRoiti, ) 
doei  not  explain  the  origin  of  the  term.  1 
Schol.  eiplaini  it  ai  iwara^iafa,  ■rtfi  tm 
jRil  jn£T«  ofrrebi  ffrpi^trSat  ir  rp  1^X9- 
thii  "being  turned  upiide  down  "  meant  bti 
rolled  over  and  orer,  the  K\7iia(  will  be  a  sfrc 
of  iXirlhiais,  For  further  conjectorei,  lee  Gr 
berger,  op.  cil.  i.  367-369. 

12.  tia^aiiffdrttii,  to  leiie  round  the  miiti 
(Ariitoph.  Eq.  262 ;  Pint.  Ant.  33) ;  SuAi 
JBdntv  Te&i  rttarhmii  trfaxk^iirtr  (ct.  Gn 
berger,  op.  cit  iii.  465). 

13.  TpaxqMCiir,  to  bend  the  neck  toi 
Tbeophr.  C/tar.  z.  (iirii.)  :  hence  in  the  puii 
metaphoricallj  niad  for  "to  be  conquerfi 
Plat.de  Curios.  521,6. 

laadiBcteticpoint  ofvlewtha  iX(rli)TU  ' 
considered  beneficial  to  the  interior  parti  of  I 
body,  the  loini,  and  the  lower  urti  in  gener 
bnt  injurioni  to  the  head ;  waereai  the  t^ 
j^  WM  believed  to  act  beneficially  npon  t 
upper  parti  of  the  bodj.  It  wui  owing  to  tbc 
ialatarj  eSecti  that  wreitting  waa  practiitd 
all  the  gjmnaiia  ai  well  ai  in  the  paluttn 
and  that  in  01.  37  (  =  632  ex.)  wraUing  for  bo; 
wai  introdnced  at  the  Olympic  gamei,  and  » 
after  in  the  other  great  gamu,  and  at  Athe 
in  the  Eieniinia  and  Tbeiea  alio.  (Pani,  r. 
§  9;  Find.  01.  Tiii.  6S ;  Gell.  it.  20;  Flo 
Si/mBoaiac.  IL  5.)  The  moat  nnowned  of  ill  <i 
Greek  wrertlen  in  the  hiitorical  age  wii  Ui 
of  Croton,  whow  name  waa  known  throogboi 
the  ancient  world  (Herod,  iii.  137;  Stnb.  < 
p,  263,  Ac, ;  Diod.  xii.  9).  Other  diitiigoiilx 
wreetlen  are  enumeratod  by  Kibdh  iOy"*- 
434  ff.).  (To  the  worki  of  Krwue  and  Gr* 
berger  referred  to,  add  Bennaiin-BlDmoe 
Oritch.  PrivalaUtrtheam;'  pp.  344,  S4S,  u 
Iwan  Hiiller-i  HatuOitc/i,  rol.  It.  Du  Ofita 
PrioatalterMbna;  $  97,  p.  451  e,  where  i  wpiM 
bibliography  i>  to  be  found.)   [L.S.]  [LC.P.l 

LUDI  ii  a  general  term  compriiiog  u 
rarioni  apectaclei  and  coDtwta  of  the  cim 
and  amphitheatre  (ludi  cn^mui),  (ltd  tboM  i 
the  theatre  (hufi  tcaud)  and  itadinm. 

1.  Smdi  of  gama. — In  their  Itgal  alfct  ■ 
may  divide  the  gamei  into  poblio  and  print' 
(a)  Pvbiic  Originally  the  game*  were  " 
ligioui  cenmoniei,  the  two  oldsit  being  ^ 
Equirria  [EquiRBla]  and  Couiualia  [COKiUiU', 
lield  in  liononr  of  Han  and  CaniOL  ^ 
gamei  were  frequently  rowed  (luif  wUci)  • 
the  ere  of  or  during  timea  of  war  (for  »  !=• 
lilt  lee  FriedUnder,  19.  Uarqnardt,  SlaM 
iii.  476,  note  7),  eipedaUy  to  Jupiter  (MX 
called  Ivdi  nagni,  maximi:  Featui,  1.  r.  V^" 
Ludot),  which  gradually  came  by  cuitom  to  > 
lolemoiied  erery  year,  and  afterwaidi  «" 
liihed  by  law  ai  annual  (Li».  i.  3j,9)  ["™ 
RoKiBil.  During  the  time  of  the  B*!*"' 
there  were  eoTen  inch  gamei, — the  W'  »• 
maw;  FUieii,   Ctriaitt,  Apollvtarti,  Mifii^ 


LUDI 

FarakSf    Tidariae  Sallanae.      The    first    two 

wi7<  called  taari,  because  thej  had  an  epudum 

c£a&«cted  with  them  (Dio  Cass.  li.  1).      These 

tirOf  as  well  as  the  ApoUinares,  had  also  a  day 

Set  ajiart  for  the  equonan  probatio.    During  im- 

ffTial  time*  many  new  games  were  added.    The 

liitli<bj  feasts  and  games  (lucU  natcUicii),  cele- 

bnted  in  hononr    of   the    reigning  emperors 

(:aJled  ri  7fy^Au^  whereas  rS  TeWtria  were 

time  ceklmted  in  honour  of  dead  emperorsX 

•rere  allowed  bj  even  the  most  modest  of  the 

Cifsan,  e^.  Anioninns  Pius  (see  Capit.  Ant. 

?&',  5);  bat  thej  aeem  to  haye  been  retained 

after  deatb  only  for  those  emperors  who  were 

ecaiecrated  {i>.  13).     Hommsen  (in  C  /.  JS.  i. 

p.  380)  derires  from  the  Calendar  of  Philocalns 

(ccasiructed  354  AJ>.)  a  list  of  nineteen  snch 

llrtiiday  games  as  were  celebrated  at  that  date. 

Ibese  gamea  were  nearly  always  circensian,  as 

vuv  abo  those  celebrated  in  hononr  of  the  day 

t^«  emperor  asvended  the  throne  (ludi  natalia 

icperv).    Only  in  the  case  of  Sept.  Sererus  (Dio 

Ciss.  IxxrilL  8)  were  the  latter  games  retained 

bcjoad  the  time  of  the  reigning  emperor  (cf. 

CftpiL  PtfimaXf  15).  ZWi  ooiim,  too,  were  often 

c^ititsted  after  a  war,  e^.  the  ludi  Parthki 

(perk^  on  Sept.  18,  Trajan's  birthday),  insti- 

t«te4  by  Hadrian  in  celebration  of  Trajan's 

Fjnbiaa  war  (Dio  Cass.  Iziz.  2,  and   Reimar 

{ri  4>j,) ;  and  such  are  frequent  in  the  Constan- 

tai»  period,  e^g.  Ludi  Alemannici  (Oct.  5-10), 

<3vttict  (Feb.  4-9^  Sarmatid   (Nor.  25-Dec. 

1),  &c;   see    a   list    in   C.  /.  L,   i.   p.    376. 

i^i)FriKte,     Besides  these  ludi  publicif  there 

vcre   ludi  privati,     especially    ludi    fw/ukre9» 

T^vfh  the  whole  people  took   part  in  them,. 

ciil  they  are  prirate  games,  as  being  given  by 

p.r&te  indiridnals  and  not  by  the  state.    The 

ukfwArea  were  celebrated  on  the  ninth  day 

cWr  death,  hence  sometimes  called    ludi  no- 

^£s<&iles  (Serr.  ad  Verg.  AeiL  r.  64).    Gladia- 

t^nal  exhibitiona  in  the  Forum  were  frequent 

It  time  games  (indeed  were  not  given  elsewhere 

cxdag  republii^  times),    in  accordance  with 

t'C  old  belief  that  human  blood  should  flow 

cT<r  the  grave  of  a  dead  man  (Serv.  ad  Verg. 

M.  tiL  67 ;  T.  78).     The  beginning  at  Rome 

<-   ^adiatorial    contests,    which    came    from 

^^nuia  and  Campania,  dates  from  the  funeral 

paes  of  D.  Junius  Brutus  in  264  (Liv.  Epit. 

i^t ;  Hommsen,  M.  H,  iL  412).      Exhibitions 

^f  gUdialors  were  often  ordered  by  will  to  be 

I'Tta  It  the  funeral  of  the  testator  (Cic  Vat, 

pr  37 ;  auUa,  19,  54 ;    Hor.  Sat,  ii.  3,  84). 

Dnoatie  representations  were    also    held    at 

•aKnl  games :    tjg,  the  AdelpM  was  acted  at 

*Jk  fnoal  games  of  Aemilius  PauUus  in  160 

BwC.   Generally  the  games  only  lasted  one  day, 

sai  9tlj  a  lew  pairs  of  gladiators  fought ;  but 

n  tJx  fueial  of  M.  Aemilius  Lepidus  (Uv.  xxiii. 

H  l^X  iA  216  B.C.,  the  games  lasted   three 

^T^  nd    twenty-two    ]Mur>   of    gladiators 

l-:fkt;  at  those  of  H.  Valerius  Laevinus.   in 

*^  BjO,  the    games   lasted    four   days,    and 

•^«aCj-fiTe  pairs  fought  (Liv.  xxxi.   30,  4); 

«^  at  those  of  P.  ladnius  in  183  B.C.  the 

naa  lasted  three  days,  and  120  gladiators 

'j»fkt  (Liv.  xxxix.  46,  2X  a  rery  large  exhi- 

^  iadced  (ef.  Uv.  xlL  28,  11>     It  was 

'^tcv^  disgraceful  for  women  to  be  present  at 

l^fuAn$f  and  P.  Sempronius  Sophns,  consul 

^  2(8  iXL,  tent  a  divorce  to  his  wife  because 


LUDI 


85 


she  attended  funeral  games  (Val.  Max.  vL  3, 
12 ;  Plut.  Quaeat  Sam,  267).  Another  kind 
of  ludi  privati  were  those  given  by  people  of 
high  rank  voluntarily,  on  occasions  of  great 
public  rejoicing,  such  as  Stella's  games  in 
93  A.D.  (Mart.  viii.  78 :  cf.  Pers.  vi.  48>  For 
giving  such  games,  non-senators  had  to  get 
permission  from  the  senate  (Dio  Cass.  Ix.  23). 
These  games  were  perhaps  the  ludi  honorarU 
referred  to  by  Suet.  Aug,  32,  for  which  thirty 
days  in  the  year  had  been  set  apart.  Augustus 
reconstituted  these  as  working  days.  Ludi 
honorarii  appear  to  have  been  most  constantly 
given  at  the  Liberalia  (Fest.  p.  102,  and 
Muller's  note).  Private  exhibitions,  to  which 
special  invitations  were  issued,  were  often  given 
by  the  emperors ;  such  as  the  Luoi  Palatini, 
the  JuvENALES.  Snch  also,  too,  were  given 
by  Caligula  (Suet.  Col,  54),  Nero  (Tac  Ann, 
xiv.  44),  Commodus  (Lampr.  Comm,  8),  Cara« 
calla  (Dio  Cass.  Ixxix.  10),  Elagabalus  (Lampr. 
Elag.  23X  &c 

In  the  Calendar  of  Philocalns  (354  a.d.) 
several  other  public  games  are  mentioned, 
devoted  to  gods,  but  they  are  of  little  impor- 
tance. The  principal  are  on  Jan.  7  to  Janus ; 
April  1,  to  Venus  Verticordia  (Macrob.  Sat.  L 
12,  15);  April  5,  to  Qairinus;  April  8,  to 
Castor  and  Pollux;  May  29-June  1,  Fabarici  to 
the  goddess  Cama  (Macrob.  Sat,  i.  12,  31 ;  Ov. 
Fast.  vi.  101  ff.);  July  23-24,  to  Neptune  (Ter- 
tuU.  Spe<^.  6) ;  Aug.  5  (Cic.  Att,  iv.  1,  4),  to 
Salus;  Sept.  29-30,  to  the  Fates;  Oct.  19-22, 
to  the  Sun ;  Nov.  1,  to  Osiris  and  Isis  (C  /.  L, 
i.  405> 

According  to  their  intrinsic  nature^  the 
games  may  be  divided  (cf.  Cic.  ds  Leg,  ii.  15, 
38)  into  (1)  ludi  circenaes  [CiBCUS],  which  in- 
clude both  the  races  in  the  circus  and  the 
gladiatorial  shows  [Gladiator],  and  baitings 
of  beasts  [Venatio]  in  the  amphitheatre 
[Ahphitheatbux]  ;  (2)  the  ludi  scenioij  or 
dramatic  and  spectacular  shows  in  the  theatre. 
[CoxoEDiA ;  Tbaooedia  ;  Theatrum  ;  His- 
TBio;  Minus;  PAsnoxixcs.]  To  these  are  to 
be  added  (3)  the  Greek  contests  of  musicians 
and  athletes,  strictly  called  Agones.  The  per- 
formances and  performers  of  the  fir$t  two  kinds 
are  sufficiently  treated  in  the  articles  referred 
to.  Here  we  must  say  a  word  on  the  Agones. 
These  contests  were  first  introduced  into  Rome 
by  M.  Fulrius  Nobilior  in  186  B.C.  (liv.  xxxix. 
22,  2).  In  169  B.C.  we  are  told  that  Aemilius 
Paullus  gave  similar  shows  at  Amphipolis,  in 
which  the  Romans  were  quite  unversed  (Liv. 
xlv.  32,  9-10).  And  at  the  triumph  of  L. 
Anicius  Callus  in  167  B.C.  it  was  attempted  to 
give  a  musical  exhibition,  but  the  people  made 
the  performers  box  instead  of  playing  the 
music:  that  was  the  only  sort  of  i^i^y  they 
understood  (Polyb.  xxx.  13).  In  the  last  cen- 
tury of  the  Republic  we  hear  of  Sulla  (App. 
B.  C,  i.  29),  Scaurus  (Val.  Max.  ii.  4,  7),  Pom- 
peins  (Dio  Cass,  xxxix.  38),  Curio  (PI in.  H,  N. 
xxxvi.  §  120),  and  Caesar  (Plut.  Caes,  39)  giving 
exhibitions  of  athletes.  Such  contests  were  not 
appointed  to  occur  at  regular  intervals  till  im- 
perial times.  Then  there  were  three  principal 
agones:  (1)  the  Actia  ;  (2)  the  Agon  Iieroneus; 
(3)  the  Agon  Capitolinus.  The  first  two  are 
described  in  the  articles  Ludi  Actiaci  and 
QUIHQUENNAUA.     The  Agon  Capitolinus  was 


86 


LUDI 


LUDI 


established  in  86  a.d.  Uy  Domitian  (Suet.  Ikm, 
4),  and  celebrated  every  fourth  year  in  early 
summer  (Herodian,  yit.  8,  3 ;  and  Clinton,  Fasti 
Rom.  p.  252).  It  lasted  till  the  end  of  an- 
tiquity (Friedlj&nder,  8.  G,  ii.*  620-1),  and  even 
into  modem  times :  for  it  was  on  Easter  Sunday 
1341,  on  the  Capitoline  hill,  that  Petrarch  was 
crowned  (Gregorovius,  Oeach.  der  Stadt  Rom,  vi. 
207-216;  Gibbon,  yiii.  227,  ed.  Smith).  It  com- 
prised contests  in  Greek  and  Latin  poetry,  Greek 
and  Latin  oratory  (the  subjects  being  the  praises 
of  Jupiter  Capitolinus  and  Domitian,  Qnintil.  iii. 
7, 4 ;  Suet.  Dom.  4),  and  music,  for  which  Do- 
mitian built  a  covered  theatre  (the  Odeum)  in 
the  Campus  Martins  (Preller,  Regioneny  169), 
and  in  the  same  place  he  built  a  stadium  for 
the  athletes  who  contended  in  boxing,  wrestling, 
and  the  pancratium  (FriedliSnder,  op.  eit.  61^ 
620,  an  important  collection  of  evidence). 
Originally  there  was  a  foot-race  for  girls  (Suet. 
/.  c).  The  victors  were  crowned  with  oak- 
leaves  (Mart.  iv.  1,  6).  For  the  other  agones, 
which  were  mostly  gymnastic,  such  as  the  Agon 
JUmervae  of  Gordian,  and  the  Agon  Soiit  of 
Aurelian,  see  Friedliinder,  op,  cit,  467. 

2.  2%e  Length  of  the  Oamet. — ^They  originally 
lasted  each  only  the  portion  of  one  day  (liv. 
xlv.  9,  4 ;  Mommsen,  R,  ff,  i.  472).  From  one 
day  they  gradually  increased  during  the  Re- 
publio,-«the  Ludi  Romani  to  15,  and  after 
Caesar's  death  to  16,  the  Ludi  Plebeii  to  14,  the 
Ceriales  to  8,  the  ApoUinares  to  8,  the  Mega- 
lenses  to  7,  the  Florales  to  6,  and  the  Ludi 
Victoriae  Sullanae  to  7:  i.e.-66  in  all  Of 
these  the  Ludi  Romani  had  5  dies  circenseSf  the 
Ludi  Plebeii  3,  and  the  rest  one  each :  itf.  13  in 
all.  (See  the  Calendar  in  C,  L  L,  i.  and  p.  377.) 
Various  games  were  added  during  the  Empire  : 
in  the  time  of  M.  Anrelius  there  were  135,  and 
in  354  A.D.,  when  the  Calendar  of  Philocalus 
was  drawn  op,  there  were  175  (C  /.  L.  i. 
p.  378).  Gradually,  too,  the  whole  of  each 
day  came  to  be  filled  up  with  events,  begin- 
ning from  early  morning  (Cic  Fam,  vii.  1, 1 ; 
Nat.  Dear.  i.  28,  78;  Suet.  Col.  26,  Claud.  34), 
and  continued  on  into  the  night  (Suet.  Cal. 
18,  Dom.  4;  Tac.  Ann.  xiv.  20,  xvi.  5)  on  a 
memorable  occasion  with  living  torches  (Tac 
Ann.  XV,  44).  Night  festivals  probably  began 
with  the  Floralia  (Ov.  Fast.  v.  361  ff.);  and 
the  part  of  the  secular  games  celebrated  at 
night  was  the  most  important.  After  61  B.a 
there  was  a  pause  in  the  middle  of  the  day 
for  the  audience  to  get  their  dinner  (Dio  Cass, 
xxxvii.  46);  and  this  period  was  filled  up,  at 
least  in  the  case  of  the  eireenses^  with  the  ex- 
hibition of  inferior  gladiators,  the  meridianL 
It  was  during  this  pause  for  dinner  on  one 
of  the  days  that  the  giver  of  the  games  feasted 
the  people^  if  he  did  feast  them ;  though  some- 
times the  epuiitm  lasted  for  more  than  one  day 
(Veil.  ii.  56).  But  we  hear  of  viands  being 
also  brought  into  the  circus  and  the  theatre 
(Stat.  8ilv,  i.  6,  28 ff.;  Mart.  v.  49,  9;  cf. 
Suet.  Dom.  4). 

3.  Jnstauratio  (Macrob.  Sat.  i.  11,  5).— The 
anxiovs  scrupulousness  with  which  the  Romans 
observed  ritual  is  often  insisted  on  (for  ex- 
amples, see  Liv.  v.  17,  2 ;  xxxii.  1,  9 ;  xli.  16, 
1).  So  in  the  case  of  the  games  Cicero  tells 
iu  (de  Mxrusp.  reap,  11,  23):  <^Si  ludius 
«ODftitit  ant  tibioen  lepente  conticttit  ant  puer  | 


ille  patrimus  et  matrimus  si  tensam  noia  t«nii| 
aut  lomm  omisit  aut  si  aedilis  aut  verbo  ai^ 
simpulo  aberravit,  ludi  non  sunt  rite  faci 
eaque  errata  expiantur  et  mentes  deomzn  in] 
mortalium  ludorum  instauratione  placantar^ 
That  is,  that  in  any  such  case  when  til 
games  were  performed  non  rite,  noes  rect\ 
minus  dUigenter,  they  had  to  be  held  or^ 
again,  either  entirely  or  the  ceremonies  i 
certain  days  were  performed  again.  The  stxi^ 
phrase  for  the  repetition  of  the  games  in  the{ 
entirety  was  ludi  toti  insitaurati  susU ;  that  f<i 
the  repetition  of  the  ceremonies  of  c»rtai 
days  was  ludi  (jsemel,  ter,  gmnquiesy  or  pi 
unum  diemf  per  triduum,  per  qumque  diesy  i^ 
staurati  sunt.  See  a  long  list  of  examples  i 
Weissenbom  on  Liv.  xxiii.  30,  16.  Games  4 
repeated  were  called  instaurativi  (Cic  <ie  £Hi 
i.  26,  55).  Sometimes  the  games  were  r^ 
peated  as  often  as  ten  times,  owing  to  laal^ 
purposely  committed  by  the  performers  ^rli 
were  interested.  This  was  put  a  stop  to  1^ 
the  Emperor  Claudius,  who  forbade  the  Ci| 
censes  to  be  renewed  for  more  than  one  da} 
with  the  most  salutary  results  (Dio  Cass.  Ix.  6] 
For  further  details  on  insiaurntio,  ace  RitscliJ 
Parerga  zu  Plautus  u.  Terenx,  p.  311  £ 

4.  The  Oivers  of  the  Public  Games,  —  (^ 
Consuls.  In  order  that  they  might  be  binding  o^ 
the  people,  ludivotivi  had  to  be  adminiatered  by  1 
magistrate  with  the  imperium,  usually  then  h] 
the  consul  (Liv.  xxx.  2,8;  27,  11;  Cic  pro  Sesi 
55, 117 ;  Dio  Cass,  xlviii.  32,  Ivi.  1,  Ix.  23).  Thj 
Ludi  Romani  were  administered  by  the  consoli 
till  the  appointment  of  the  curule  aediles  it 
366  B.C.  After  that  the  consuls  had  only  th^ 
presidency  in  these  games  (liv.  viii.  40,  2,  zlr.  Ij 
6 ;  Mommsen,  Staatsrechi,  i.'  397).  The  fact  wa^ 
the  giving  of  the  games  held  out  too  great  oppor 
tunities  of  bribery  for  the  higher  magiatzatei 
(Mommsen,  op,  dt,  ii.'  129).  But  in  imperial 
times  the  consuls  were  appointed  to  admiaiste^ 
the  Ludi  Actiaci  on  Sept.  2  (Dio  Cass.  lis.  20) 
the  birthday  of  Augustus  on  Sept.  23  (tft.  Iri 
49;  cf.  C,  /.  X.  i.  pp.  401-2),  and  probabl^ 
many  others  (ib.  p.  377).  The  shows  o\ 
gladiators  given  by  consuls  elect  date  from  thd 
beginning  of  the  second  century  a.ik  (Dig.  3aj 
1,  36,  pr.).  The  first  evidence  of  the  garnet 
given  by  the  consuls  on  their  entry  into  office^ 
which  became  so  important  in  the  Tourth 
century  (C.  I.  L,  i.  p.  382),  appears  to  b^ 
Fronto  ad  Marcum,  ii.  1.  But  in  the  earlt 
Empire  the  consuls  were  expected  some  time 
or  other  during  their  year  of  office  to  giv^ 
shows  (cf.  Kpictet.  Diss.  iv.  10,  21) ;  andi 
though  even  in  the  time  of  Claudius  this  wa^ 
considered  a  great  burden  (Dio  €bu».  Ir.  27),! 
the  custom  continued  (»6.  Ixi.  6;  VopUc. 
Aurel,  12,  12).  Alexander  Severus  lessened  the 
expense  of  the  consuls  and  defrayed  part  of  it 
himself  (Lamp.  Alex,  Sev,  43 ;  Dio  Cass.  Ixxx. 
5).  (6)  Aediles.  From  the  time  of  their 
appointment  in  366  B.a,  they  were  given  the 
administration  of  the  Ludi  Romani  (cf.  lav.  vL 
42,  13X  and  gradually  they  had  eutrttsted  to 
them  the  administration  of  all  the  other  games 
except  the  Ludi  ApoUinares,  which  were 
administered  by  the  praetor  urbanus  (Liv.  xxv. 
12, 10),  as  were  also  the  Ludi  Piscatorii  (Festus, 
a.  v.).  The  Ludi  Plebeii  were  held  by  the 
plebeian   aediles,  and  so  too  were    the    Ludi 


LUDI 

Cemki.      Cicero  (Jerr,   t.    14>    86)   indeed 
OBjkits  that  ike  latter  were  oelebnted  by  the 
nrultaediles;  bat  the  Cerialia  was  the  plebetui 
c«uiter-feast  to  the  MegaleDsia  of  the  patridans 
(Gt^L  zTiii  2,  11 ;  llommeen,  Staatsr.  ii.'  50d). 
Ait<r  44  2JC  the  admiBistration  of  the  Ludi 
C«iules  was  meet  probably  transferred  from  the 
rznle  aediles  to    the    newly-appointed   (Dio 
CmL  liTii.  40)  plebeian  aediles  Ceriales.    The 
Udi  Megalenaei  and  Floralee  were  held  by  the 
ecrale  acdilea  (Cic  Verr.  1.  c;  Mur.  19,'  40; 
Liv.  zxiiT.  54,  3;    Dio  Cass,  xliii.  4Sy,     In 
tiB.Q.  Angnstns  took  the  cum  ludorvm  from 
tke  aedilei  and  gave  it  to  the  praetors  (Dio  Cass. 
lir.  2X  after  which  time  any  games  given  by 
ts«  wiiles  were  voluntary  (i6.  liv.  8 ;  Capitol. 
Ovrd.  3).      (c)  Praetors,  They  had  the  charge 
d[  ue  Lndi  Apollinares  and  Piscaterii  dnring 
t&«  Repablic    Bnt  in  imperial  times  we  find 
tb  urban  pnetors  (this  is  probably  the  mean- 
iof  of  Twf  wrpamrfw^  rm»  irdant  in  Dio  Casa. 
luTiii  22)  administering  the  Ludi  Megalenses 
(hi,  zi  193,  and  Mayor's  note),  F]orales(Snet. 
Q^  6X  and  gladiatoriid  shows  (Dio  Cassv  \y. 
31).   The  Angiistalia  were  administered  by  the 
pTKtor  peregrinns  (Tac  Ann,  i.  15).     A  speoial 
pnetor   Parthiorios    (WUm.   1167)  was    ap- 
poictfed  to  snpcsintend  the  Lndi  Parthici   of 
Tnjia  (Dio  Csms.  lziz»  2).    Lots  seem  to  have 
b«ta  cut  as  to  which  praetor  shoold  give  the 
Smes  (i6.  lix.   14).    The  son  of  Symmachus 
yn&  praetor  nrbanas  when  he  gave   his  oele- 
bnted faaea  (Symm.  EpkU  iv.  69).    For  the 
]»n«t«ntn   games    of    the    post-Constantinian 
p«riod  at  Constantinople,  see  Ck»thofred.  Para- 
^tkm  to  Cod.  Theod.  vL  4,  inO.     (d)  Qwieston, 
Olidiatorial  exhibitiona  during  the    Republic 
vere  Goniined  to  the  private  fonenl  games. 
U  h&perial  times  they  were  given  as  public 
ruses,  and  ar^  strictly  called  munfra^  not  /udt. 
is  47  AJ>.  we  find  the  duty  of  giving  these 
^somi  impeaed  on  the  quaestors  in  lieu  of 
lading  the  streets  (Suet.  (UawL  24;  Tac  Ann, 
XL  2-1,  xiiL  5).   This  was  discontinued  in  54  A-D., 
^'«B  which  time  till  the  age  of  Domitian  (Suet. 
^>>B.  4)  it  was  only  occasionally  and  voluntarily 
tux  the  quaestors  gave  sucb  shows.    From  the 
time  of  Domitian  the  imaMnx,  though  fewer  than 
^  Wi,  became,  howBYer,  regular  entertain- 
3MBti(Hirschfeld,  Verwaltumg$^(^iGhU^  p.  177). 
b  the  time  of  Alexander  Severua  it  was  only 
^  qfniMitartB  ctmiidati  principia  who  had  to 
^n  the  games  at  their  own  expense,  and  as  a 
!twvi  they  were  adnmced  at   once    to  the 
7o«tonh^  (Lampr.  Alex.  Sev,  43).    The  rest 
l«t  a  sahsidy  from   the    treasury  and  were 
^e4  fuosiiorvs  arcarii  (Lampr.  /.  c. ;  Mommsen, 
^tvitr,   it*    518,   522).      («)  CurtUoret.  The 
^penr  in  rirtue  of  his  consular  power  (IHo 
^a«  ii.  23)-*(br  it  waa  the  consuls  who  gave 
^^tnAnhaazy  games  (cf.  Hirschfeld,  /.  c.>-oiUn 
;tr«  yffy  byUiijiQt    games,  whioh  were  ad- 
**ai»tered  by  curatoret  hidorym  or  curatory 
^"^fWL    The  procunttoreB  fmmerwn  (Wilm. 
<^  cC  1243)|  according  to  Hommsen  («»p.  cit. 
^*  ^1,  notes  1,  2),  were  permanent  oiScials,  the 
'^^^^n  those  appointed  for  a  special  occasion 
<*tt^t  CW.  27 ;  Tac.  Atm.  xui.  31 ;  Plin.  ff,  N. 
*'<^{4fi)i    For  further,  see  Hinchfeld,  op. 
^. ».  175-8. 
^  IV  Osf  0/  Md  Gamea  (see  especially  Mar- 
^^  Skfitao.  n.«  85-87>— The  cost  ef  the 


LUDI 


87 


games  was  defrayed  partly  by  the  state  a^d 
partly  by  the  giver  of  the  games.   The  state  part 
was  called  lucar  [Lugab]^  because  it  waa  origin- 
ally the  revenue  from  the  produce  of  the  sacred 
groves  (/ttc()»  which  waa  devoted  to  the  games 
(Festus,  s.  V. ;  Pint.  Quaeat.  Bom.  88,  p.  285). 
For  the  ludi  votivi  a  definite  sum  (^peouaiaciirta) 
was    voted    (in  .  Liv.    xxxi.  9,  7,  the  sum  is 
indefinite,  and  that  is  mentioned  as  an  excep- 
tional circumstance),  usually  200,000  asses  (c£. 
Mommsen  in  Bhiin,  Mus.  xiv.  p.  87X  ns  it  waa 
also  for  the  Ludi  Roman!  till  the  Punic  Wara 
(Dionya.   viL  71 ;    Ascon.   p.   142,    Or.).      In 
217  B.C.  the  sum  voted  was  333,333J  asses  (Liv. 
xxiL  1 0, 7).   For  the  Ludi  ApoUinares  in  212  b.c. 
the  state  gave  12,000  asses  (liv.  xxv.  12,  12); 
in  51  BXX,  for  the  Ludi  Romani,  760,000  ses- 
terces, for  the  Ludi  Plebeii  600,000,  and  for  the 
Apollin^res  380,000  (see  the  Fasti  Antiates  in 
C.  /.  Z.  i.  328,  329>--Bum8  which  fell  so  far 
short  of  the  actual  amount  expended  that  the 
magistrates  who  gave  the  games  had  to  resort 
to  the  help  of  their  friends  and, to  extortions 
from  the  provincials  to  supply  what  waa  con- 
sidered i^essary  (Liv.  xl«  44, 11 ;  Cic  Q,  Fr» 
li  9«  26).     The  people  sometimes  made  sub- 
scriptions   among     themselves    towards     the 
expenses  of  the  games:  ejg,m  186  ac  for  the 
games  qf  Scipio  Asiaticus  (Plin.  H.  M.  xxsiii. 
§  138),  in  37  and  in  27  B.C.  (Dio  Cam.  xlviii.  53, 
liii.  24) ;  but  such  were  unusual  and  did  mot  go 
far.      We  know  that  Scaurus    expended  vast 
sums  on  the  gamea  he  gave  in  58  b.c.  (Plin. 
H.  N.  xxxvi.  I  113),  and  that  Milo  expended 
three  patrimonies  (Cic  MU.  35^  95)  in  giving  his 
extra-splendid  games  (pd  Q.  Fr.  iii.  8,  6).    The 
expense  in  fact  was  so  enormous  that  in  28  B.a 
no  senator  could  take  the  aedileship  (Dio  Cass,  liii/ 
2).    Augustus  did  not  allow  one  praetor  to  give 
more  than  pother  to  the  games  (•&.) ;  in  17  B.a 
we  find  him  allowing  them  to  give  three  times 
the  grant  of  the  state  (i&.  liv.  17);  in  7  AJ>. 
the  money  paid  to  them  for  gladiatorial  sbowa 
was  withheld  by  the  sUte  (jb,  Iv.  31) ;  but  in  the 
Ludi  Augustales  the  tribimes  were  not  allowed 
to  defray  the  whole  expense  themselTes  (Dio  Cass. 
Ivi.  47 ;  Tfu^  Aim.  i.  15).    The  state  always  con- 
tinued to.  make  grants  (c£  Spart.  ifodir.  3),  and 
sometimes  advances  to  be  repaid  (Fronto,  Ep.  ad 
Vfrum,  6,  9) ;   while  in  a  somewhat  opposite 
direction  it  tried  to  limit  the  expenses  of  the 
games  (Suet.   Tib.  34;   Dio    Cass«    Ixviu.    2; 
Capitol.  Ant,  Fiutf  12).     But  ^e  enormoua 
sums  expended  on  the  games  may  be  aeen  from 
what  has  been  said  about  the  gamea  of  Scaurus 
qnd  Milo^  from  what  Martial  (v.  25^  10)  tells  na 
that  the .  chariot-races  sometimes  cost  400,000 
sesterces  (4,000/.  nearly),  from    the    case   of 
Synmiachus,  who  though  not  one  of  the  richest 
senators    expended     2,000    pounds     of     gold 
(=  80,000/.    aboutX    and    Justinian's   games, 
which  cost  288,000  solidi  (=220,000/.  about). 
For  further  details,  see  Friedlinder,  Bttengeach. 
u.»  276-278.  f 

The  games  accordingly  were  splendid.  Aa  a 
sample,  take  those  which  are  elaborately  de- 
scribed by  Calpnmins,  Ed,  vii.,  and  commented 
on  by  Gibbon,  ii.  58-60,  ed.  Smith ;  those  given 
by  Trajan,  and  described  in  Die  Cass.  Ixviii.  15 ; 
and  the  gamee  of  Symmachus,  by  FriedliSnder, 
op.  cU,  ii.'  319  ff.  For  enactments  on  the  ^unes 
in  tthe  post-Constantinian. period,  sea  Cbd.  Thaod* 


88 


LUDI 


LUDI 


XT.  titles  5,  6,  7,  9,  especially  the  latter  on  the 
expenses  of  the  games. 

6.  The  Audience. — ^In  early  times  slares  were 
not  allowed  to  attend  the  games  (Cic.  Har,  Resp, 
12,  26) ;  nor  were  any  strangers  present  except 
state-guests.  Bat  in  later  times  slaves  certainly 
as  a  matter  of  fact  used  to  frequent  the  games 
(Columella,  B,  R.  i.  8,  2;  Dig.  21,  1 ;  65,  pr.; 
10,  3,  1-5 ;  Jav.  yi.  353X  and  also  strangers 
(Oy.  k.  A.  i.  173 ;  Mart.  ^ect.  3).  Apparently 
by  law  reserred  seats  were  retained  for  the 
magistrates,  e.g,  consuls  (Cic.  AU,  ii.  1, 4),  prae- 
tors (Suet.  lieroy  12),  tribunes  (Dio  Cass.  xliy.  4), 
priests  and  vestals  (Amob.  ado,  Oentes,  iy.  35, 
an  important  passage),  some  of  the  public 
apparitors  (Tac  Ann.  xvi.  12),  and  many  of  the 
officially  recognised  collegia  (Hiibner,  ap,  Mar- 
quardt,  iii.  471,  note  7).  The  emperor  had  a 
regular  closed-in  box  (cubicuium),  which  Trajan 
opened,  so  that  he  could  be  seen  like  any  other 
spectator  (Plin.  Panegyr,  51;  Suet.  NerOf  12). 
The  actual  seats  were  doubtless  corresponding 
to  the  rank  of  each  individual ;  e,g.  the  eorule 
magistrates  had  a  aella  cuntlis,  the  tribunes  a 
eubaeiliumf  kc  It  was  a  custom  frequently 
practised  to  give  a  free  seat  in  perpetuity  to  a 
distinguished  man  and  to  his  descendants  (Val. 
Max.  iv.  4,  8 ;  Cic.  Phil.  ix.  7,  16)  ;  this  we 
find  as  early  as  494  B.C.  in  the  case  of  M. 
Valerius  Maximus  (C  /.  L.  i.  p.  284 ;  cp.  Liv. 
ii,  31);  and  occasionally  a  curule  seat  was 
dedicateid  in  memory  of  a  great  man  after  his 
death  (Dio  Cass.  xliv.  6,  liii.  30 ;  Tac.  Ann.  ii. 
83 ;  C.  I.  L.  vi.  912).  Those  who  had  reserved 
seats  could  transfer  them  to  another  for  the 
performance  (Cic.  Mwr,  35,  73),  and  in  the  time 
of  C.  Gracchus,  on  the  occasion  of  a  show  of 
gladiators,  we  read  that  several  of  the  magis- 
trates  erected  seats  which  they  tried  to  sell, 
encroaching  on  the  space  which  the  people  ought 
to  have  enjoyed  (Plat.  C.  Oracch.  12).  If  we 
may  judge  from  the  initials  of  names  on  the 
seats  in  &e  amphitheatre  at  Syracuse,  it  appears 
that  seats  could  be  sold  for  lengthened  periods 
(Friedl.  ap.  Marq.  iii.  473,  note  1).  Of  course 
occasionally  games  were  given  by  speculators  to 
make  money  out  of  them,  though  such  a  course 
was  looked  on  as  sordid  (Tac.  Ann.  iv.  62) :  in 
that  case,  nearly,  if  sot  all,  the  places  were 
sold.  But  at  the  ordinary  games  there  appears 
to  have  been  three  kinds  of  seats  (Mommsen,  ap. 
Friedl.  op.  dt.  472) :  (1)  those  reserved  by  the 
exhibitor  to  awe  to  his  friends  or  to  those  who 
had  legal  right  to  reserved  seats ;  (2)  the  seats 
which  he  reserved  to  eell  to  such  as  wished  to 
avoid  the  long  waiting  and  severe  crush  (cf.  Suet. 
Cai.  26)  attendant  upon  trying  to  secure  them ; 
(3)  the  seats  or  rather  places  (for  the  mass  of 
the  spectators  stood)  which  were  open  gratis  to 
the  public  The  traffic  in  the  second  kind  of 
seats  was  pretty  considerable,  and  box-officers 
Qooariij  Mart.  v.  24, 9)  doubtless  derived  a  large 
income  from  buying  up  the  reserved  seats  and 
selling  them  at  a  raised  price.  A  noticeable 
feature  about  the  audience  at  the  games  was  the 
way  the  exhibitor  thought  it  advisable  often  to 
give  them  presents.  This  he  did  by  throwing 
them  among  the  spectators  to  be  scrambled  fur, 
such  being  called  missilia :  see  Stat.  SHv.  i.  6, 
10  ff.  Fruits  (Mart.  xi.  31,  10^  vegetables 
(Pers.  V.  180;  Hor.  Sat.  ii.  3,  182),  and  other 
eatables  (Joseph.  Ant.  xix.   1,  3)  were   often 


thrown,  but  generally  tesserae,  which  adxnitied ; 
to  the  most  various   kinds  of  pleasures   (set 
Friedliinder  on   Martial,  viii.  78,  9).      One    of 
these  tesserae  which  we  have  is  marked  pran- 
dium  (Friedl.  ap.  Marquardt,  iii.  p.  476,  note  3). 
Occasionally  the   presents  were   fastened    to  a 
string  (linea  dives),  which  was  jerked    op  and 
down  (Mart.  viii.  78,  7).     For  the  variety  of 
articles  scrambled  for,  see  Suet.  Jfero,  11.      We 
may  well  believe  that  the  crush  and  "violence 
were  very  great  (Herodian,  v.  6),  and    wise 
people  left  before  the  scrambling  began  (Saet. 
Epist.  74,  7 ;  cf.  FriedlXnder,  op.  eit.  ii.»  286-7). 
Another  point  to  be  noticed  was  the  oppor- 
tunity the  people  took  of  giving  free  expression 
to  their    opinions    in  the    theatre   ("  et,    nbi 
pluxima  vulgi  licentia,  in  circum  ac  theatra 
eflfusi  seditiosis  vocibus  strepere,"  as  l^citus 
says,  Jfist.  i.  72).    In  republican  times  much 
importance  was  attached  to  the  manner  in  which 
public  men  were  greeted  in  the  theatre  bj  the 
people  (Cic  Att.  ii.  19,  3;   Sest.  54,  115>.     In 
imperial  times  we  hear  of  the  audience   rising 
up  when  the  emperor  or  a  distinguished  man 
entered,  clapping  (Suet.  Aug.  56)  or  vraring 
handkerchiefs  (praria,  Vopisc  Aurel.  48)  and 
vociferously    addressing    complimentary    titles 
or  good  wishes  (Suet.  Dam.  13),  often  in  a  kind 
of  song  (Tac.  Ann,  xvi.  4 ;  Dio  Cass.  IxxiiL  2). 
Of  course  there  was  the  most  clamorous  oat- 
ciy  for  the  liberation  of  slaves  or  criminals  who 
had  made,  a   good  exhibition  in  the   oootests 
(Dig.  40,  9, 17,  pr.),  for  the  discharge  of  distin- 
guished gladiators  (Mart.  Sped,  29,-3);    and 
many  a  gibe  was  directed  at  unpopular  people 
(Juv.  V.  3,  and  Mayor's  note ;  Tac.  Ann,  xi.  13), 
and  even  the  emperor  himself  (Capitol.  Jfacrin, 
12 ;  Tertull.  Spect.  16).    The  people  also  made 
use  of  these  occasions  (as  it  was  very  difficult  to 
refuse  requests  made  in  this  way,  Joseph.  Ani» 
xix.  1,  4)  to  declare  against  laws  (Dio  Cass.  Iri. 
1 ;  Joseph.  /.  c),  against  detested  ministers,  e^. 
Tigellinus  (Plut.  Qaib.  17),  Oleander  (Herodian, 
i.  12,  5),  Plautianus  (Dio  Cass.  Ixxvi.  2),  and 
make  many  other  appeals  (cf.  Tac.  Ann,  vi.  13 ; 
Plin.  If.  N.  xxxiv.  §  62 ;  Suet.  Dam.  13)  and 
demonstrations  (Cic.  Att.  xiii.  44,  1 ;  Dio  Cass. 
Ixxv.  4).    Indeed,  these  were  pretty  much  the 
only  occasions  on  which  the  feelings   of  the 
people  could  be  expressed  or  gauged  under  the 
Empire ;  and  the  importance  which  was  attached 
to  this   expression  otf   the  popular  will   may 
be  seen  from  the  fact  that  Titus,  in  order  to 
carry  out  certain  executions  which  he  considered 
advisable,  put  people  throughout  the  theatre  to 
demand  them  (Suet.   Tit.  6).     See  further  in 
Friedl.  SUtengesch.  ii.*  266-274.   For  the  frantic 
excitement  of  the  audience  during  the  actnal 
games,  especially  the  chariot-races,  see  the  pas- 
sages quoted  by  Mayor  on  Juv.  xi.  197,  and  Tert. 
Spect.  16;  and  for  the  tumults  occasioned  by 
the  partisans  of  rival  performers,  see  Fried- 
liinder, S.  0.  ii.*  457  ff. 

The  spectators  who  were  Roman  dtixens  had 
to  wear  their  toga  at  the  games,  and  the  higher 
ranks  and  magistrates  appeared  in  official  dress 
(Suet.  Aug.  40).  Augustiu  allowed  the  spec- 
tators to  come  in  slippers,  without  boots,  in 
summer,  a  permission  revoked  by  Tiberius,  bat 
granted  again  by  Caligula  (Dio  Cass.  lix.  7). 
Cloaks  (}aoemae%  which  had  by  order  of  Domitisn 
to  be  white  (Mart.  xiv.  137)^  could  be  worn  over 


\ 


LUDI  AGTIAGI 


LUDI  APOLUNABEB 


89 


tke  to|a  in  bad  weather,  bat  they  were  (at  least 
m  the  reign  of  Clandins)  laid  aside  on  the  entry 
of  tfac  emperor  (Snet.  Clavd,  6).  We  are  told 
tittt  Giligida  also  allowed,  besides  cushions  for 
the  senators,  the  broad*hrimmed  Thessalian  or 
Mieedonian  cauaia  [Causia]  as  a  protection 
ifiioEt  the  son  (Dio  Cass.  /.  e. ;  Mart.  ziv.  39), 
so  thsi  it  seems  the  audience  before  37  a.d. 
ised  not  to  wear  anrthing  on  their  heads. 
Donitisn  reriyed  the  old  customs  of  theatrical 
«ta(IBette,  and  compelled  the  audience  to  appear 
IB  vhtte,  ibrindding  coloured  costumes  (Mart, 
r.  3;  33,  1\  though  we  still  hear  that  the 
£iToaien  of  the  different  factions  wore  their 
cUoon  (c£  Mart.  zir.  131).  When  owing  to 
viad  the  awning  (velarwm)  could  not  be  used, 
the  »peetatoTs  were  allowed  to  hold  up  umbrellas 
(Mart  zir.  28).  The  diingnator  (Plant.  Poen, 
proK  18)  waa  the  official  who  directly  saw  that 
ihcM  refulations  were  obserred,  and  he  was 
RH'ODsible  to  the  aediles  (cf.  Suet.  Aug.  40). 

7.  The  Ftrformtrs  and  the  Perfonnainces, — 
Se«  the  special  articles  referred  to  abore,  p.  85  h. 
For  the  political  and  social  aspects  of  the 
CUDCs,  how  in  regard  to  them  idleness  took  the 
{>Uc  of  streBuouaness  till  the  people  were  con- 
test to  gire  up  their  rights  and  assemblies  in 
retara  for  pmun  H  dreauea ;  and  the  demora- 
lintioB  spread  among  the  community  in  rarious 
vin  bj  the  passion  for  these  shows,  as  such 
nibjects  lie  outside  the  sphere  of  Antiquities, 
««  mart  be  content  to  refer  to  Friedlander, 
SUtengewA.  L«  488  ff.,  iu*  263  ff.,  288,  391  ff. ; 
lad  H.  Schiller,  Qe&ikidiU  der  Bdm,  Kaiserzeit, 
^,  433  ff. 

(Farther,  on  the  games  generally,  see  Fried- 
^iuMler  in  Harqoardt,  B5m.  StaaUvenealUmg,  iti. 
4^2-475;  also  in  his  DarsMltmgen  ixuB  der 
SiUengeKkichte  JUmt,  \L*  263-289  (abbreviated 
£  0.);  Mommsen  in  Corpus  Inacript.  Lat  i. 
pp.  »3-412,  m.  375-381.)  [L.  C.  P.] 

LUDI  ACTI'ACI  or  A'CTIA  C^Ktia), 
<ttoes  celebrated  to  the  Actian  Apollo. 

I.  M  Same, — ^Though  under  this  actual  name 

ti3«n  were  not  any  games  celebrated  at  Rome, 

^U  there  were  games  in  honour  of  the  Actian 

Afolb.    These  were    decreed   at  Actium    by 

Aopitas  in  31  B.a  after  his  victory,  and  first 

i^st  Borne  in  28  (Dio  Cass.  lui.  1).    They 

<=*Baited  of  horse-races    among  the  patrician 

jovths  and  men,  gymnastic  contests,  and  some- 

Uao  glsdistorial  exhibitions.    They  were  held 

nery  fourth  year  (Dio  Cass.  li.   19),  and  ad- 

<auUtered  generally  by  one  of  the  four  chief 

«»Qcfa  of  priesU  in  succession  (tb.   liii.   1), 

^^Mg^  sometimes  by  the  consuls  (Mommsen,  Mes 

rdv  d.  Aug.  p.  42).    Thus  the  first  exhibition 

vu  held  by  Uie  consuls,  or  rather  by  Agrippa 

^«Be  (Die  CiSB.  liiL  2) ;  but  in  16  B.C.  we  find 

ucB  celebrated  by  the  Quindecimviri  (ib.  liv. 

^^X   Ws  sie  to  suppose  the  celebration  of  24 

^  vu  held  by  the  Pontifis,  that  of  20  B.C.  by 

*f  Aogon,  that  of  16  B.c.  by  the  Septemriri 

^?Q^  aad  so  on  in  rotation  till   13  A.D., 

*^  they  vere  probably  held  for  the  last  time 

'^'^^BOKO,  /.  c).    The  last  recorded  celebration 

f]  U).(Plin.  ff.  N.  vii.  §  158X  and  we  do  not 

^  of  them  again  till  62  A.D.,  when  they  had 

^  &  cMsiderable  time  discontinued  (Tac.  Ann. 

!Li^^     We   find    these    games   sometimes 

uiiM  to  tt  pro  $alute  (or  valetudine)  Caesaria 

V^  ^  I.  vL    877) :     ct    Mp    rns    ifiri$ 


trmrriplas  (fiea  gest.  d.  Aug.  v.  8-11,  Grreek)  and 
Plin.  /.  c. ;  also  ludi  pomtifcalea  (Suet.  Aug.  44), 
i.e.  when  they  were  held  by  the  Pontiffs.  That 
these  games  were  celebrated  to  the  Actian 
Apollo  may  be  proved  from  the  coin  of  C. 
Antuitius  Vetus  of  16  B.C.  (Eckhel,  vi.  104; 
Mommsen,  BOm.  MUnztteMen,  p.  742).  On  one 
side  is  a  sacrificing  priest,  with  the  inscription 
pro  valeiudine  CaeaarU  8.  P.  Q.  B. ;  on  the 
other,  Apollo  sacrificing,  with  the  inscription 
Apottmi  Actio.  In  Suet.  TSb.  6  AcHaci  is  a 
mistake  for  aatid  (Mommsen,  Bea  geat.  p.  43). 

2.  At  Actium.    [See  AcriA.] 

3.  In  the  Frooincea. — Similar  quinquennial 
games  seem  to  have  been  held  in  many  provincial 
towns  (Suet.  Aug.  59):  e.g.  at  Oaesarea  by 
Herod  (Joseph.  Ant.  xv.  11,  zvi.  9 ;  B.  J.  i.  21, 
8);  also  at  Antioch  and  Alexandria  (C.  I.  G. 
5804).  [L  C.  P.] 

LUDI  APOLLINA'BES.  These  games 
were  established  in  the  year  212  B.G.,  in  accord- 
ance with  a  prophecy  of  the  old  seer  Marcius 
(carmma  Mardana^  Iay.  xxv.  12,  2),  and  after 
an  inspection  of  the  Sibylline  books  (Macrob. 
8ai.  i.  17,  27-29),  on  the  motion  of  the  praetor 
and  decemvir  aacria  fadundM^  P.  Cornelius 
Rufus,  to  the  god  who  warded  off  evil,  Apollo. 
As  nothing  was  yet  decreed  about  their  conti- 
nuance, they  were,  for  this  first  year  at  least, 
ordinary  ludi  votiti,  They  were  at  first,  and 
continued  to  be,  celebrated  by  the  praetor 
urbanus  (Uv.  /.  c.  §  10;  Cic.  Phil  ii.  13,  31); 
thus  we  find  them  held  by  the  praetor  Lentulus 
in  60  B.C.  rPlin.  H.  N.  xiz.  J  23),  Brutus  in  44 
B/;.  (Cic.  f.  c),  Agrippa  (Dio  CiuBS.  xlviii.  20). 
They  were  to  a  large  degree  a  Greek  festival. 
The  decemviri  s.  f.  sacrificed  with  victims  after 
the  Greek  fashion;  the  state  supplied  the 
victims,  and  also  gave  12,000  asses  to  recoup 
the  expenses  of  the  games,  and  the  people  aided 
with  a  small  subscription  (Liv.  xxv.  12,  12~14). 
The  next  year  the  praetor  L.  Calpurnius  Piso 
proposed  that  the  games  should  be  vowed  each 
year  (Liv.  xxvi.  23,  3),  and  hence  the  Calpumii 
have  the  head  of  Apollo  on  their  denarii 
(Mommsen,  BOm.  MOnzwesen,  pp.  580,  626). 
After  this  they  were  celebrated  every  year,  but 
till  208  B.C.  on  no  definite  day  (Liv.  xxvii.  23, 
5-7).  In  consequence  of  a  pestilence  in  that 
year,  the  praetor  P.  Licinius  Varus  voted  that 
they  should  be  held  every  year  on  a  fixed  day. 
That  day  was  not  '*  a.  d.  iiL  Non.  Quint."  as 
Livy  (/.  c.)  says,  but  '*  a.  d.  iii.  Id.  Quint,"  i.e. 
Jjalj  13  (Weissenborn  ad  loc.).  This  day  always 
continued  to  be  the  last  day  on  which  these 
games  were  held.  The  number  of  days  gradually 
increased  from  one  till  it  finally  reached  eight, 
or  perhaps  nine.  In  190  B.C.  we  find  July  11 
one  of  the  days  (Liv.  xxxvii.  4, 4),  and  in  44  B.c. 
July  7  (Cic.  Att.  xvi.  1,  1 ;  4, 1).  They  were  for 
the  most  part  theatrical  exhibitions  from  the  very 
beginning  (see  the  interesting  story  in  Festus, 
s.  V.  Thymelici,  p.  326  M.);  it  was  at  these 
games  that  the  Ihyeatea  of  Ennius  was  acted 
(Cic.  Brut.  20,  78) ;  but  sometimes  there  was  a 
venatio  (Plin.  ff.  N.  viii.  §  53 ;  Cic.  Att.  xvi.  4,  IX 
and  Dio  Cassius  (xlviii.  33)  speaks  of  ^  r&y 
'AireAA«ycf«r  IwztOpofjda,  In  the  ApoUinarian 
games  held  by  Agrippa  in  40  B.C.,  two  days  were 
given  to  the  games  of  the  circus,  during  one  of 
which  the  Id5ua  Trojae  was  exhibited  (Dio  Cass. 
xlviiL  20).    In  all  the  calendars  these  gamea 


90 


LUDI  AUGUSTALES 


ftre  €fntered  ai  beginning  on  JvHj  6,  except  in 
that  of  Philocalna  (354  A.ix),  according  to  which 
they  are  given  aa  beginning  on  the  5th :  per- 
haps an  a&itional  day  was  added  in  the  fourth 
centnrj.  (See  generally  Preller,  £&n,  Mytko- 
logie,  269-271.)  [L.  C.  P.] 

LUDI  AUGUBTAXES.  [Auoustales.] 
LUDI  CAPITOLI'NL  Livy  (v.  50,  4)  tells 
ns  that  in  the  year  390  B.G.,  after  the  defeat  of 
the  Ganls,  on  the  motion  of  Camillus  a  decree  of 
the  senate  was  passed  that  Xucft  Cbpt^o/tm  should 
be  instituted,  inasmuch  as  Jupiter,  the  best  and 
greatest,  had  preserved  his  settlement  and  cita- 
del in  a  serious  crisis,  and  that  the  dictator 
M.  Furius  should  appoint  for  that  purpose  a 
collegium,  consisting  of  those  who  dwelt  in  the 
Capitol  and  dtadel  (cf.  Liv.  t.  52,  11).  As  being 
administered  by  a  collegium,  the  Capitoline 
games  were  like  the  Circensian  games  of  the 
Fratres  Arvales  (cf.  Henzen,  Acta  Fr.  An,  p. 
36  ff.).  After  884  B.O.,  when  Marius  Capitolinua 
waa  condemned,  a  motion  was  brought  before 
the-  people  that  no  patrician  should  dwell  in 
the  ciUdel  or  the  Capitol  (Lir.  vi.  20, 3),  so  that 
from  this  time  only  plebeians  could  be  members 
of  this  collegium. 

For  the  guild  of  the  Capitolini,  cf.  Cic.  Q.  Fr, 
ii.  5,  2.  They  had  magitiin  of  their  own  (Henz. 
6010,  where  as  weU  as  in  the  passage  of  Cicero 
they  are  found  associated  with  the  Mercuriales: 
cf.  6011).  Preller  (fiOm.  Myth,  202)  thinks  this 
is  a  rery  old  festival  in  honour  of  Jupiter 
Capitolinus,  so  old  that  it  waa  attributed  to 
BomuluB  (cf.  Tert.  Sped,  5).  Mommsen  (on 
C.  I,  L.  i.  805  =  Henz.  6011)  shows  that  these 
collegia  of  Capitolini  and  Mercuriales  were  pagi 
wUiHn  ihs  city^  both  having  a  substantive  and 
independent  constitution  for  religious  purposes. 
A  curious  ceremony  was  performed  at  these 
Capitoline  games,  from  a  supposed  connexion  of 
the  Capitoline  games  with  a  triumph  of  Romulus 
over  Vcii ;  or,  as  Mommsen  (22.  H.  i.  340)  holds, 
with  the  capture  of  Veil  by  Camillus  in  396  B.C. 
An  old  man  who  was  considered  to  represent  the 
King  of  Veil  was  led  through  the  Forum  to  the 
Capitol,  dressed  in  regal  attire  and  wearing  a 
bulla  suspended  from  his  neck ;  and  a  herald 
accompanying  him  proclaimed  the  *'  sale  of  the 
Sardians,"  because  the  Veientines  being  Etruscans 
were  supposed  to  have  come  from  Sardis  in 
Lydia  (Pint.  QuaeH,  Ram,  53  =  p.  227 ;  Festus, 
s.  V.  Sardi  vmatei).  Hence  was  supposed  to  be 
derived,  the  proverb  Sardi  venaieB,  alius  alio 
nequior  (Cic.  Fam.  vii.  24,  2),  but  that  is  more 
correctly  referred  to  the  great  number  of  slaves 
acquired  by  the  Romans  when  Tiberius  Grac- 
chus conquered  Sardinia  in  177  B.C.  (Uv.  zli. 
17  s  Aurel.  Vict.  57 ;  Mommsen,  R,  H,  ii. 
199).  [L.  C.  P.] 

LUDI  GEBIAIiEa    [Cerialia.] 
LUDI  CX)MPITALrClI.    [Compitalia.] 
LUDI  FLORA'LES.    [Floralia.] 
LUDI  FU'NEBBES.    [Ludi,  p.  85  a.] 
LUDI  HONOBA'BU.    [Ludi,  p.  856.] 
LUDI  JUVBNA'LEa    [Juvbnales.] 
LUDI    LIBEBAXES.       [Baochanaua.] 
(These  must  not  be  confounded  with  the  Libbr- 


UJ 


LUDI  MA6NI.    [Ludi,  p.  846.] 
LUDI  MABTIA'LES  or  rather  MABTIS 
ULTO'Bia    The  temple  to  Mars  Ultor  was 
dedicated  on  Aug.   1,  2  B.C,  in    the  Forum 


LUDI  FLEBEn 

Augutti  (Dio  Cass.  Iz.  5).  The  dedicatioti  of 
the  temple  and  celebration  of  games  to  Mars 
Ultor  held  on  May  12  (Fasti  Maffetani  in  C.  I,  X. 
i.  p.  305 ;  Ov.  Faxt,  v.  597)  refer  to  the  temple 
provisionally  erected  in  the  Capitol  in  20  b.cl 
(Dio  Cass.  liv.  8) :  cf.  Mommsen  in  C,  I.  L.  L 
393.  These  games  were  celebrated  annual ly 
(Dio  Cass.  Ix.  5)  by  the  consuls  (t6.  Ivi.  46). 
Senators  had  the  privilege  of  oontracting  for  th« 
horses  used  in  these  games  (16.  Iv.  10).  A  iHra* 
machia  was  given  on  the  occasion  of  the  dedica- 
tion of  the  temple  (Yell.  ii.  100) ;  also  /t«/i 
Mvtra/et,  i.e.  evolutions  of  the  six  tnirnae  of 
cavalry,  each  with  its  wwr  at  its  head  (Dio 
Cass.  /.  c).  There  appears  to  have  been  occa- 
sionally  a  iwna^  (16.  Ivi.  27>  [L.  C.  P.] 

LUDI  MEGALENSEB.  [Mboalebia.1 
LUDI  NATALI'On.  [Ludi,  p.  85  a.] 
LUDI  PALATFNI.  After  Auguatns  died, 
livia  and  Tiberius  had  dedicated  an  altar  to 
the  Numen  of  Augustus  (PHn.  H,  N.  zii.  §  94). 
We  Ieuow  from  the  Fasti  Praenestini  (in  C  /. 
L,  I  p.  312;  cf.  p.  385)  that  on  January  17 
the  Pontifi,  Augurs,  (^indecimviri,  and  Sep- 
temviri '  sacrificed  victims  on  this  altar.  On 
Jan.  21,  22,  and  23,  theatrical  exUbitlona  were 
held  in  a  private  theatre  erected  in  front  of 
the  palace.  These  exhibitions  were  strictly^ 
private,  and  only  the  highest  nobles  and  their 
£unilie8  invited  (Dib  Cass.  Ivi.  46,  Uz.  16; 
Joseph.  Ant,  xix.  1,  11 ;  Tac.  Ann.  i.  73).  In 
the  year  Cidigula  was  murdered  there  wa«  jast 
for  that  year  an  extra  day  added,  viz.  Jaxi.  24- 
(ix.  Kal.  Febr.):  cf.  Suet.  Cof.  56,  58;  Dio  Casa 
lix.  29 ;  Joseph.  I.  c.  In  the  Calendar  of  Philo* 
caluB  (354  A«D.)  the  23rd  was  removed  and  the 
17th  to  19th  added  (C.  Z  Z.  L  pp.  384  and 
385).  [L.C.  P.] 

LUDI  PISCATO^II.  We  know  that  the 
fishermen  and  the  divers  of  the  whole  bed  of  the 
Tiber  formed  a  corporation  (Wilmanns,  1737). 
To  them  probably  refer  the  IwJU  pisoatwH  held 
each  year  on  the  7th  of  June  across  the  Tiber  hj 
the  praetor  urbanus  (Festus,  s,  -o. ;  Ov.  Flcxst. 
vi.  235-240).  [L.  C.  P.] 

LUDI  PLEBE'n.  These  were  certainly 
held  in  the  Circus  Flaminius  (Yal.  Max.  i.  7,  4), 
and  are  mentioned  as  early  as  216  B.C.  (Lir. 
xxiii.  30,  17).  Now  as  the  Circus  Flaminius 
was  built  in  220  B.C.  (Liv.  Epit.  xx.),  we  may 
assign  the  establishment  of  the  Ludi  Plebeii  to 
the  same  date,  and  also  the  Jovis  epvifon  on  the 
Mes  (for  all  Ides  are  sacred  to  Jupiter) 
which  is  connected  with  these  games  (Lir.  xxr. 
2,  10;'xxvii.  3,  9).  This  is  a  more  probable 
view  than  that  of  Cicero,  who  (de  Orat.  iii.  19, 73) 
makes  the  Epulum  Jovis  to  exist  in  the  time  of 
Numa,  or  that  of  the  Pseudo-Asconius  (p.  143, 
12),  who  supposes  the  Ludi  Plebeii  to  have  been 
established  either  after  the  expulsion  of  the 
kings,  or  after  the  secession  of  the  plebc.  (See 
Marquardt,  Staatsverw,  iii.  349.)  We  find  from 
the  Calendar  of  Philocalus  (354  a.d.)  that  the 
Ludi  Plebeii  lasted  till  the  fourth  century; 
cf.  alsoLampr.  Alex,  Sev.  37.  The  date  of  them 
was  originally  Nov.  15  (the  Eqwntm  probatio 
being  on  the  14th),  just  as  that  of  the  Ludi 
Homani  was  Sept.  15  {C.  I,  Z.  i.  401^  They 
were  celebrated  by  the  plebeian  aedties;  and 
already  in  207  B.C.  they  lasted  fot  more  than 
one  day  (Liv.  xxviii.  10,  7).  In  some  early 
calendan,  «.^*  the  Fasti  Maffeiani,  they  are  put 


LUDI  PONTIFICALES 

down  as  Utiting  from  Nor.  4  to  Not.  17 :  in  the 
Caleodar  of  Pfailocaliu,  from  Nov.  12  to  16 
(C.LL,  U  c).  That  plajs  were  acted  at  the 
Lodi  Plcbeii  is  proved  from  the  didascalia  to 
Xikt  Stichu  of  rlautus  (Bittchl,  Farerga  zu 
FM-y.  261).  [L.  C.  P.] 

LUDlPONnPICAXEa  [LuDi  Actiaci.] 
LUDI  BOl&ArSl,  These  games  (the  chief 
SMua  festival)  were  in  honour  of  Jnpiter 
(Ffstos,  s.  V.  Moffnoa  Xuios),  and  are  said  to 
bve  been  established  by  Tarquinius  Priscns  on 
ti><  oocatton  of  his  conquest  of  the  Latin 
Ajttolsc  (liv.  L  35,  9);  though  Dionysius 
(rii.  71)  and  Qcero  {de  Div,  i.  26,  55)  refer  the 
oublishment  to  the  victory  over  the  Latins  at 
lake  Begillns.  At  first  they  lasted  for  one  day 
cnly;  a  second  day  was  added  on  the  expulsion 
of  the  longs  in  509^  B.a  (Dionys.  vi.  95X  ft  third 
after  the  nnt  secession,  494  B.C.  (Li v.  vi.  42, 12). 
From  the  year  191  to  171  they  lasted  ten  days 
(IJT.  xzzvi.  2,  zxxiz.  22,  1;  Mommsen,  B^n. 
FtncK  iL  54X  and  shortly  before  Caesar's 
dcslh  they  appear  to  have  been  a  fifteen-day 
£sUval  (ac.  Km-,  i.  10,  31^  Sept.  5  to  19. 
After  Caesar's  death  a  day  was  added  (Cic. 
?&*/.  iL  43,  110):  this  day  must  have  been 
Sept.  4.  For  Cicero  says  {Verr,  ii.  52,  130) 
tkai  there  was  an  interval  of  45  days  from  the 
Ludi  Romani  to  the  Ludi  Victoriae  SuUanae  on 
Oct  26.  Accordingly,  Sept.  19  in  the  time  the 
Yerriaes  were  composed  must  have  been  the 
lift  day  of  the  Ludi  Bomani  (C.  /.  Z.  L  401); 
and  10  it  appears  in  the  Calendars  of  the 
Augutsn  time,  the  days  of  the  games  being 
Sept  4  to  19.  There  was  the  JEpulum  Jouis 
OS  the  13th,  and  the  Equonun  probatio  on  the 
Uth.  The  games  in  the  circus  lasted  from  the 
Ijth  to  the  19th.  In  the  Calendar  of  Philo- 
calut  (354  A.IX)  they  run  from  Sept.  12  to  15. 
Tlte  celebration  was  in  the  hands  at  first  of  the 
ccasals,  afterwards  of  the  curule  aediles. 

Bat  we  must  not  suppose  that  these  games 

vert  regularly  established  as  annual  from  the 

beginaing.    Games,  as  we  have  seen,  in  many 

OSes  bc^  from  a  vow  made  by  the  commander, 

ui  were  celebrated  as  a  special  festival  after 

kii  thuDphal  procession.    As  the  army,  how- 

€Ter,  used  to  go  forth  as  a  general  rule  each 

scmmer,  it  benme  customary  when  it  returned 

IS  aBtamn  to  celebrate  such  games,  though 

o^ooected  with    no  triumph,  and  though    no 

>>S^  victory  had  been  gained.    But  still  in 

•^1  cases  they  were  celebrated  as  extraordinary 

pmea,  and  not  aa  games  regularly  established  by 

law.    They  were  sollannes,  *' customary,"  but 

^  not  yet  become  annvi  Q^  soUemnes,  deinde 

unai  msnsere   ludi    Romani    magnique  vane 

ApKUati,"  Liv.  i.  35,  9) ;  for  we  must  remember 

t^at  aoAmmes  need  not  mean  anything  more 

t^  **  customary.'*    Ltvy  indeed  in  the  passage 

^actcd  identifies  the  two  kinds,  the  ludi  magni 

Qd  the  lydi  Bomani^  and  so  do  Cicero  (Se^. 

u-  20,  35X  Festus  (L  c),  and  Pseudo-Asconins 

(pp.  142-3,  Or.);  but  in  all  his  other  books 

l^Tj  observes  a  distinction  which    has    been 

P«uted  out  by  Bitschl  {Partraa  zu  FhtUu$j 

^  p.  290),  that  ludi  magni  is  the  term  applied 

^  cstraordinary  games  originating  in  a  vow 

(Ml  soetpi),  whUe  iudi  Ji<mam  is  that  applied 

to  the    games   when    they    were    regularly 

"ta^hdMd  as  annual  (ludi  ziati).    The  latter 

^  ie.  /«£  Somani,  is  first  used  by.  Livy 


LUDI  BOlftANI 


91 


in  viii.  40,  2  (see  Weissenbom  ad  ioc.};  and 
after  that  the  terms  varied  according  as  the 
games  are  stati  (e.g.  z.  47»  7 ;.  xxv.  2,  8)  or 
votivi  (xxii.  9,  10;  10,  7;  xxvii.  33,  8;  xjxvi. 
2,  2 ;  xxxix.  22,.  2,  &c. ;  Suet.  Aug,  23).  The 
distinction  drawn  by  Ritschl  is  to  be  considered 
proved.  But  when  was  the  fixed  festival,  the 
ludi  Somani^  definitely  established  as  anntud  ? 

Most  probably,  says  Mommsen  (i2Ati.  Fortck, 
ii.  53;  cf.  ILB.l  472),  on  the  occasion  of  the 
first  appointment  of  the  curule  aediles  in 
367  B.G.,  who  were  to  be  the  curatorts  ludorum 
soUemnium  (Cic.  Zeg,  iii.  3,  7).  For  in  the 
oldest  Roman  calendars  which  date  from 
the  time  of  the  Decemvirs  (cf.  Mommsen,  Die 
rdm,  Chromologie,  &c.  p.  30)  these  festivals  are 
not  engraved  in  capitals  but  in  small  characters, 
therefore  are  additions  (C  /.  L,  i.  361)  made 
after  449  B.a ;  also  in  322  B.a  the  ludi  Romani 
are  mentioned  as  a  regular  annual  festival 
(Liv.  viii.  40,  2):  accordingly  the  final 
establishment  of  these  games  must  lie  between 
these  dates;  and  the  year  367  B.C.,  when. so 
many  changes  were  effected,  and  when  we  are 
told  a  day  was  added  to  these  games  and 
curule  aediles  appointed  to  superintend  them, 
seems  the  most  reasonable  to  assume. 

Yet  Livy  and  the  other  authors  who  identify 
the  ludi  magni  and  Romani  are  not  altogether 
in  error :  for  the  arrangement  of  the  two  kinds 
of  games  was  similar.  An  incidental  proof  of 
this  is  that  when  Pompeius  established  /wft 
totioi  in  70  B.C.,  they  lasted  for  fifteen  days 
(Cic  Verr.  i.  10,  31),  like  the  ludi  Romani ;  and 
we  find  similar  sums,  viz.  200,000  asses, 
bestowed  for  both  ludi  magni  and  ludi  Romani 
(P8eud.-Ascon.  p.  142;  Dionys.  vii.  71).  The 
actual  ludi  Romani  consisted  of  first  a  solemn 
procession,  pcmpa  [CiBCUS]:  then  a  chariot- 
race,  in  which  each  chariot  in  Homeric  fashion 
carried  a  driver  and  a  warrior,  the  latter  at  the 
end  of  the  race  leaping  out  and  running  on  foot 
(Dionys.  vii.  72 ;  and  cf.  Orelli,  2593,  whero  a 
charioteer  is  spoken  of  as  pedHma  ad  quadrigam). 
This  is  a  practice  confined  to  the  ludi  Romani.  In 
the  exhibitions  of  riding,  each  rider  had  a 
second  horse  led  by  the  hand  (Festus,  s.  «. 
Paribua  Equis),  as  it  appears  the  Roman  horse- 
men in  early  times  were  jn  the  habit  of  using 
two  horses  in  battle  (cf.  Gran.  Licinian.  lib. 
xxvi.),  like  the  Tarentini  in  Greek  warfare 
(Liv.  XXXV.  28,  8).  Such  riders  were  called 
detultores  (Liv.  xxiii.  29,  5).  Originally,  in  all 
probability,  then  was  only  one  contest  of  each 
kind,  and  only  two  competitors  in  each  contest 
(Liv.  xliv.  9,  4),  as  **  may  be  inferred  from  the 
circumstance  that  at  all  periods  in  the  Roman 
chariot-race  only  as  many  chariots  competed  as 
there  were  so-called  factions;  and  of  these 
there  wero  originally  only  two,  the  white  and 
the  red  "  (Mommsen,  J?.  A  i.  236,  note).  These 
few  events  allowed  further  minor  exhibitions, 
such  as  boxers,  dancers,  competition  in  youthful 
horsemanship  (ludus  Trojae)j  &c.  It  was 
allowed  that  the  wreath  the  victor  won  (for 
this  in  Greek  style  was  the  meed  of  victory) 
should  be  put  on  his  bier  when  dead  (Twelve 
Tables,  10,  7,  and  Mommsen's  remarks,  Stoats* 
rtchty  i.*  411,  note  2).  During  th^  festival, 
too,  the  successful  warrior  in  real  warfare  wore 
the  spoils  he  had  won  from  the  enemy,  and  waa 
crowded  with  a  chaplet.    After  the  intrpdnetion 


92 


LUDI  SAEGULABES 


LUDI  SAEGULABES 


of  the  drama  in  364,  plays  were  acted  at  the 
ludi  Romani,  and  in  214  B.C.  we  know  that 
ludi  scenici  took  up  four  days  of  the  festival 
(LiT.  xxiv.  43,  7).  In  161  B.C.  the  Phormio  of 
Terence  was  acted  at  these  games. 

(The  chief  work  on  the  ladi  Romani  is 
Mommsen's  article  Die  ludi  magni  und  Smnani 
in  his  Bdmiache  Forachvngenf  ii.  42-57  =  Bhein-' 
iachea  Museum,  xiy.  79-87.  Compare  also  his 
Itoman  ffittory,  i.  23&-237  (where  the  Greek 
inflnonces  on  the  Roman  games  are  traced), 
472,  473;  and  FriedlMnder  in  Marqaardt's 
Staatsverwalhmg,  iii.  477,  478.)  [L.  C.  P.] 

LUDI  SAEGULA'BES.  Saeculwn,  like  so 
manj  words  expressing  time  in  Latin  (annus^ 
mentis,  dies,  Censorin.  De  die  nataliy  19,  22,  23), 
has  a  twofold  meaning.  There  is  the  saeculum 
civile  and  the  saeculum  naturale.  In  the  years 
363  B.C.  and  263  we  find  a  recognition  of  the 
saeculum  citfiie  in  the  appointment  of  a  dictator 
davi  figendi  ccntsa — a  castom  which  originated 
probably  in  463  B.C.,  when  a  grievons  plague 
attacked  Rome  (Liv.  iii.  6,  2 ;  Dionys.  ix.  67,  68), 
and  a  testimony  to  the  irresistible  force  of  fate 
was  made  by  driving  a  nail  (clamui),  the  symbol 
of  Destiny,  into  the  wall  of  the  cella  of 
Minerra  on  the  Capitol  on  the  Ides  of  September 
(Liv.  yii.  3,  6 ;  Mommsen,  £dm.  Chron.  175). 
The  saectdum  naturale  was  not,  says  Censorinus 
(238  A.D.)  in  his  locus  classicus  on  the  meaning 
of  the  word  (pp.  cit  chap.  17),  ever  established 
hj  the  Romans,  though  they  fixed  the  saeculum 
doile  at  100  years.  But  its  significance  can  be 
gathered  from  the  celebration  of  certain  games, 
which  in  later  times  indeed  were  called  Ludi 
saeculares,  but  in  early  times  Ludi  Terentini, 
This  Terentum  (from  terere)  was  a  volcanic  cleft 
in  the  Campus  Martins,  at  which  even  under 
the  monarchy  the  gens  Valeria  sacrificed  dark 
victims  to  Dis  and  Proserpina  (cf.  Mart.  x.  63, 3, 
"  Romano  Terento  ").  Valerius  Maximus  (ii. 
5,  2 :  cf.  Zosimufl,  ii.  1)  tells  a  story  of  a  certain 
Valesius  who  got  his  sons  cured  of  a  serious 
illness  by  giving  them  water  from  the  Tiber 
boiled  over  this  cleft ;  and  these  sons  saw  in  the 
sleep  that  restored  them  to  health  a  vision 
which  ordered  the  sacrifice  of  dark-coloured 
victims  to  Dis  and  Proserpina  on  an  altar  to  be 
found  in  the  Terentum,  and  the  celebration  of 
lectistemia  and  nocturnal  games  for  three  nights 
in  their  honour.  The  altar  was  found  deep  buried, 
the  sacrifice  was  offered,  and  from  this  sacrifice 
date  the  LndiTerentini.  We  are  told  that  P.  Vale- 
rius Poplicola,  first  consul,  in  a  case  of  pestilence 
offered  the  same  sacrifice  and  held  the  same 
games,  and  thereby  saved  the  state  (Val.  Max. 
/.  c).  But  thij  latter  is  a  very  old  mistake,  due 
to  the  confusion  of  the  first  consul  with  the 
L.  Valerius  Poplicola,  consul  in  449  B.C.  For 
though  we  cannot  be  certain  of  any  celebration 
•f  these  games  in  349  B.C.,  we  have  the  most 
distinct  evidence  for  their  being  held  in  249  B.C. 
Varro  (op.  Censorinus,  op.  cit.  17,  8)  says  of 
this  year:  '<Cum  mnlta  portenta  fierent,  et 
murus  ac  turris,  quae  sunt  inter  portam  Collinam 
et  Esquilinam,  de  coelo  tacta  essent  et  ideo 
libros  Sibyllinof  xwiri  adissent,  renuntiarunt, 
ut  Diti  patri  et  Proserpinae  ludi  Terentini  in 
campo  Martio  fierent  tribus  noctibus  et  hostiae 
furvae  immolarentur,  utique  ludi  centesimo 
quoqne  anno  fierent."  (Here,  too,  we  should 
Aotice  what  St.  Augustin,  de  Civ.  Dei,  iii.  18, 


says  of  these  games,  deriTing    his   knowledge 
probably  from  Varro :  **  Jam  vero  Punicis  belUs 
instaurati  sunt  ex  auctoritate  libromm  Sibjl- 
linorum  ludi  saeculares  quorum  celebritas  inter 
centum    annos    fuerat    instituta.     Renovarunt 
etiam    pontifices  ludos  sacros  inferia   et  ipsos 
abolitos    annis    retrorsum    melioribus.'*)     The 
next  celebration  was  not  in  149  B.C.  but  in  146 
(Censor,  op.  cit.  17,  11,  who  quotes  contem- 
porary authorities,  Piso,  Gellius,  and  Hemina). 
In  the  year  49  B.c.  religion  was  silent  amid  the 
turmoil  of  the  civil  war ;  and  the  games  were 
not  solemnised  till  the  well-known  celebration 
of  Augustus  in  17  B.C.     But  why  in  this  year? 
There  were    many    Greek    myths    (Lobeck, 
Aglaoph.  791  ff.)  of  certain  ages  of  the  world — 
the  golden  age,  the  silver  age,  &c. — mixed  up 
with  astronomical  theories  of  the  whole  order  of 
the  universe  beginning  anew  when  the  planets 
returned  to  their  original  positions  after  what 
was  called  a  magnus  anntu.    The  same  series  of 
people  would  reappear  on  earth  and  repeat  again 
the  various  exploits  of  their  lives  (cf.  Verg.  Ed. 
4,  34  ff.).    Among  these  myths  was  one  that 
the  cycle  began  anew  after  four  periods  of  110 
years  each.    (Cf.  Probus  ad  Verg.  /.  c. ;  and 
Varro,  ap.  St.  Augustin,  de  Civ.  Dei,  xxii.  28 : 
^  Genethliaci  quidam  scripserunt  esse  in  renas- 
cendis  hominibus  quam  appellant  iroXiTycycWoy 
Graeci :  banc  scripserunt  confici  in  annis  nnmero 
qnadringentis  quadraginta  ut  idem  corpus  et 
<»dem  anima  quae  fnerint  conjuncta  in  homine 
aliquando  eandem  rursus  redeant  in  conjunc- 
tionem.")    Again,  there  was  an  influence  from 
Etruria.    Just  as  at  Rome  at  the  end  of  every 
five  years  there  was  a  propitiatory  offering  made 
to  the   gods   for  the  people,  so  in   Etruria  a 
similar  sacrifice  was  made  at  the  beginning  ot 
what  they  considered  a  saecuhun,  i.e.  that  space 
of  time  which  embraced  even  the  longest  life. 
The  propitiatory  offering  was  made  for  all  alive 
at  the  time :  when  that  whole  race  had  passed 
away,  the  gods  signified  that  the  cycle  was  over 
by  sending  prodigies,  and  a  new  sacrifice  had  to 
be  offered  (Censorin.  op.  cit.  17,  5).    The  first 
four  saecula  of  the  Etruscans  lasted  100  years 
each,  the  fifth  123,  the  sixth  and  seventh  119 
(Varro,  ap.  Censorin.  /.  c.) :  so  that  something 
over  100  years  was  the  average  saeculum.    Tht 
definite  Greek  theory  that  the  saeculum  lasted 
110  years  was  taken  up  by  the  Quindecimviri 
(Censor,  op.  cit.  17,  9  :  cf.  **  undenos  dedes  per 
annos,"  Hor.  Carm.  Saec.  21)^  and  in  the  in- 
terests of  Augustus  they  proceeded  to  invent 
celebrations  for  456  B.C.,  346,  236,  126,  Augus- 
tus*s  games  being  celebrated  in  the  last  year  of 
the  saeculum,  17  B.C.  (cf.  Mommsen,  op.  dt,  note 
363,  p.  185).    The  contemporaries  of  Augustus, 
however,  Livy  (cxxxvi.  ap.  Censor,  op.  dt.  17, 9) 
and  Verrius  Flaccus  in  Festus  (s.  v.  Saeculares 
Ludos),  adopt  the  theory  of  the  saeculum  being 
100   years.    The  successors  of  Augustus  cele- 
brated the  secular  games  according  to  different 
kinds  of  computation.    Claudiuf ,  says  Gibbon, 
did  not  treat  the  oracle  with  implicit  respect 
He  celebrated  the  games,  ^  which  none  had  ever 
seen  before,"  in  the  800th  year  of  the  city 
(47  A.D.),  with  an  actor  who  had  taken  part  in 
the  secular  games  of  Augustus  (Plin.  ff.  K.  ril 
§  159>    Domitian  celebrated  them  in  841  ot 
the  city  (=87  a.d.),  six  years  too  early  if  they 
were  to  be  110  years  after  thoet  of  Auguitui* 


LUDI  8AECX7LABE8 


LUDI  YICTOBIAE  CAESABIS    93 


(For  this  MnMwhat  famous  oelebratiooi  tee  Fut. 
Capitol  is  a  /.  X.  i.  p.  442 ;  Suet.  Dom.  4 ; 
Ttc.iiia.xL  11 ;  Mart.  iy.  1,  7,  z.  63,  3;  Stat. 
Sku  i.  4,  17,  It.  1,  37 ;  Eckhel,  ri.  383.) 
Aateainnt  Piiu  in  the  year  900  of  the  city 
(147  A.D.)  eelebrated  them  (Aurel.  Vict.  Caes, 
lov  4X  while  Sept.  SeTenu  held  them  220  years 
after  Aagnttat  in  204  A.D.  The  last  celebration 
VIS  in  the  1000th  year  of  the  city  (247  A.D.)  by 
iM  Emperor  Philip  (Entrop.  9,  3 ;  Eckhel,  vii. 
323-4).  It  may  be  that  Gallienns  in  257  A.D. 
(Eckbel,  Tii.  409,  Till.  22)  held  them  as  an  ex- 
tnoidioary  tolemnity  in  a  period  of  great 
m^akJe  (TrebelL  Pollio,  OoB.  5),  and  Mazimian 
ii  304  A.Dt  certainly  intended  to  hold  them 
(■.  TiiL  20X  bnt  does  not  appear  to  have  carried 
•  n  his  intention :  so  from  Philip's  time  we  may 
nj  that  the  tecnlar  games  disappear  till  they 
VCR  rerivcd  in  the  lUddle  Ages  as  the  Popish 
JsUlecs  instituted  by  Pope  Boniface  VIII.  in 
1300  (Gibbcni,  L  327,  328 ;  yiiL  217,  ed.  Smith). 
The  Lvdi  Tergmiim,  then,  and  their  continua- 
tioo,  the  LucU  SatcuiareSf  are  not  a  really 
^oine  Roman  ceremony.  They  rest  on  refer- 
»ee  to  the  Sibylline  books  (Zocim.  ii.  4 ;  Varro, 
op.  Censor,  op.  cU.  17,  8 ;  Hor.  Cartn,  Saec  5X 
are  celebrated  by  the  QnindecimTiri  (Hor.  Carm, 
&0C  70 ;  Tac  Amt,  zi.  11)  outtide  the  pomoo- 
nom  (that  the  gods  of  the  lower  world  might 
cot  be  brought  innde  the  city),  the  gods  hononred 
are  aot  Roman,  and  the  Roman  antiquarians 
cyDsidaed  the  solemnities  to  be  derived  from 
Htmria  (Censorin.  /.  c. :  **  Dein  quod  Etrusd 
(^Qoran  primasaccnia  oentennm  fnerant  annorum 
etttm  hie  nt  in  aliis  pleramqoe  imitari  volue* 
rufit  Reraani").  It  was  as  Magitter  of  the 
College  of  QuindacimTiri  that  Augustus  cele- 
'^nted  the  games  with  M.  Agrippa  as  his 
coUcigue  (Mommscn,  Mes  gettae  d  Aug.  pp.  91* 
^;  Eckhel,  tL  103). 

The  xites  of  the  celebration  an  given  by 

Zoshnas  {vL  5X  who  also  quotes  verMkn  the 

Sibjlline  oracle  ordering  the  celebration.    His 

MeiHiBt  is  in  numy  points  confirmed  by  coins, 

■ad  is  ts  Mlows :  Heralds  summoned  the  people 

*-o  the  tpectade  they  had  never  teen  before  and 

acTtr  would  sea  again  (cf.  Herodian,  iii.  8, 10). 

Tka  in  the  G^toline  temple  of  Jupiter  and 

the  Pilstine  temple  of  Apollo  the  Qnindedm- 

viri  ga?e  to  all  present  (sUtss  were  ezduded) 

potfioitorieB  (cntfiCptf'ia,  mtffhneHtd),  consisting 

•f  torses,  tulphnr,  and  bitumen ;  and  in  the 

•UK  tcB|des,  and  that  of  Diana  on  the  Aventine, 

vWit,  barley,  and  beans  were  given  to  the 

people  to  make  an  offering  with  (c£.  Eckhel,  vi. 

3«7,  in  medals  with  the  inscriptions  Sufifi- 

■ni<s)X<9wli>)  d(ata)  and  A  Pcp^vld)  fir^(U) 

^c^im\  kc%  though  Zosimns  says  these  were 

t«  fee  giren  to  the  actors  in  the  games.    Then 

^cga  the  feast,  which  lasted  three  nights  and 

t^itc  dtys.    Offerings  were  made  to  Jupiter, 

Jsao  Ladna,  Apollo,  Latona  and  Diua,  the 

fates  Demeter  (Tellns,  Hor.  Carm.  Saec  29), 

f^  tad  Proserpina.    On  the  first  night  at  the 

*Haod  hear  the  emperor,  with  the  aisistance  of 

the  Qaiadedmnri,  sacrificed  to  the  Fates,  at 

^  TofBtom,  on  the  border  of  the  Tiber,  three 

naa  en  three  altars,  letting  the  blood  flow  all 

T^the  altars,  and  then  thoroughly  burned  the 

J^^Bt.   A  stage  IS  then  ere^ad,  the  people 

"^  torches,  a  newly-composod  hymn  is  sung, 

^lykniidthowsareezhibited:  fortheorade 


taid  (1*  ^)  ^^^^  ^^*  gnive  wat  to  be  mingled 
with  the  gay.  On  the  nezt  day  a  tacrifioe  was 
made  on  the  Capitol  of  white  bulls  to  Jupiter 
and  a  white  cow  to  Juno,  in  accordance  with 
the  oracle  (11.  12,  15),  and  then  in  the  theatre 
there  were  dramatic  representations  in  honour  of 
Apollo.  On  the  second  night  a  white  pig  and  a 
white  sow  were  sacrificed  to  Tellus,  in  accordance 
with  the  oracle  (1*  H-X  <"><!  ^^k  victims  oflhred 
to  Dis  and  Proserpina  (Varro,  aq).  Censor,  op.  cU» 
17,  8 ;  Festos,  s.  v.  SaeaUares  Lvdot),  6n  the 
second  day  the  matrons  offered  supplications 
and  sang  hymns  to  Juno  on  the  Capitol ;  and  on 
the  thii3  day  in  the  Palatine  temple  of  Apollo 
there  was  a  sacrifice  of  white  ozen  (Hor.  Carm. 
Saec.  49),  and  thrice  nine  noble  boys  and 
maidens  whose  parents  were  still  alive  (Ji/i^i- 
BaXttSj  patrimi  ac  mairimi)  sang  hymns  in  Greek 
and  Latin  for  the  preservation  and  prosperity 
of  the  Roman  empire.  Such  a  hymn  was  called 
Carmen  Saecularey  and  we  still  possess  the  hynm 
which  Horace  wrote  for  the  celebration  of  the 
games  by  Augustus. 

On  the  secular  games  generally,  consult 
Mommsen,  JDie  rdmiche  Chranolcgie  bia  auf 
CSsor,  pp.  172-194  (chapter  on  the  SaectUd)\ 
E.  L.  Roth,  in  the  Shemiaches  Museum^  viii. 
(1853),  pp.  365-376;  Preller,  lUhnitche  Mytho- 
hgidy  469-478;  Marquaidt,  SiaaUoerwaltwM^ 
iii.  370-378.  [L.  C.  P.] 

LUDI  SEYIBAXES.  [LuDi  Mabtialbb.] 
LUDI  TAU'BII  were  of  a  similar  nature, 
and  due  to  a  somewhat  similar  origin  as  the 
Ludi  Saeculares.  They  were  instituted  to  the 
gods  of  the  lower  world,  according  to  Festus 
(s.  V.  Tburti^  p.  350  M.  The  absurd  interpreta- 
tion given  by  Varro  on  p.  351  may  be  discarded), 
in  the  reign  of  Tarquinius  Superbus,  when  a 
great  pestilence  fell  on  pregnant  women,  owing 
to  the  sale  of  bulls'  flesh  among  the  people. 
Other  interpretations  of  the  name  are  that  it  is 
from  iaura  or  toicrM,  a  barren  cow,  which  was 
sacrificed  to  Proserpina,  or  that  the  games  were 
instituted  by  the  Sabines  that  a  pestilence  which 
had  attacked  them  might  be  turned  on  the 
bulls  which  they  sacrificed  (Serv.  on  Verg. 
Aen.  iL  140).  At  these  games  there  was  a 
chariot-race  in  the  circus  (varro,  Z.  L.  v.  154). 
We  hear  of  their  being  celebrated  r^igitmia 
cauaa  for  two  days  in  186  B.a  (Uv.  zzziz. 
22, 1).  PL  C.  P.] 

LUDI  TERENTI'KL  [Ludi  Saboulabeb.] 
LUDI  VICTCRIAB  GAE'BABIS  or  VB'- 
KEBIS  GENETBI'GIS.  These  were  first 
celebrated  in  46  B.a  by  Julius  Caesar  on  the 
dedication  of  the  temple  of  Venus  Genetriz,. 
voted  at  the  battle  of  Pharsalia,  which  took 
place  on  Sept.  24  (C.  I.  L.  i.  397) ;  but  they 
appear  in  the  Calendars  as  being  celebrated  in 
July,  from  the  20th  to  the  30th.  This  is  due 
to  the  introduction  of  the  Julian  Calendar, 
according  to  which  July  23,  24  would  corre- 
spond to  Sept.  24,  25  ((7.  /.  X.  1.  c).  They  aro 
called  Zudi  VvAariae  Caeaaria  by  the  Fasti 
Maffeiani  and  Amitemini,  by  Matins  Calvena  in 
Cicero,  Fam.  zi.  28,  6,  and  Suet.  Avg.  10;  but 
Ludi  Veneris  Oenetrida  by  App.  B.  C.  iiL  28, 
PUn.  E.  N.  ii.  §  93,  Sense.  Quaeat.  Nat.  vii.  17, 
Dio  Cass.  zliz.  42.  But  Victoria  was  identified 
with  Venus  Genetriz  (Varro,  X.  L.  v.  62;  GelL 
z.  1,  7  ;  Preller,  Bdm.  Mgih.  389,  707 ;  Momm- 
sen in   C.  L  X.  i.  397>    These  games  were 


94    LUDI  YICTOBIAE  SULLANAE 


LI7DU8  LTTTEBASIUB 


Administered  by  a  special  collegittid  (Suet.  /.  c, ; 
Plin.  I  c ;  Jul.  Obseq.  68  [128J).       [L.  C.  P.] 

LUDI  VIOTO'BIAB  SULLA'NAE  were 
established  by  Sulla  in  82  B.C.  The  original 
day  was  the  Kalends  of  NoTember,  the  date  of 
the  Tictory  at  the  Colline  Gate ;  but  afterwards 
the  games  lasted  from  Oct.  26  to  Nor.  1  incln- 
sire.  They  were  called  Ludi  Victoriae  SuUanae 
1^  Velleius  (U.  27)  and  the  Fisti  Sablni  (C.  /.  X. 
i.  p.  d02X  to  distingaish  them  from  the  Ludi 
Victoriae  Ceesaris.  They  do  not  appear  in  the 
Calendar  of  Philocalus  (354  a.d.).  [L.  C.  P.] 
'  LUDI  VOLOANA'LIOL  The  coins  of  20 
&(;.,  stamped  Man  Uitor  and  Vdkanus  ultot 
(fickhel,  y'u  96),  would  seem  to  point  to  these 
games  being  established  after  the  recorery  of 
the  standards  from  the  Parthians ;  but  the  Fasti 
of  the  Augustan  age  do  not  mention  them. 
These  games  were  abolished  by  Macrinus,  but 
soon  renewed,  owing  to  a  xeliffious  feeling 
among  the  people  that  they  ought  to  be  re- 
storec^  which  was  confirmed  by  the  burning  of 
the  amphitheatre  (Dio  Cass.  Ixxviit.  25).  They 
were  celebrated  in  the  temple  of' Vulcan  outside 
the  city  (Plut.  QuaesL  Bom.  47= p.  276)  on  the 
23rd  of  August  (C.  /.  L.  i.  400).        [L.  C.  P.] 

LUDUS  LITTERA'RIUS  (aiawricaXcioK), 
a  school. 

1.  In  Gbsboe. — The  education  of  children  in 
y/^ — Homeric  times  is  not  definite  enough  to  come 
under  our  subject  t  it  may,  however,  be  noted 
that  the  sons  of  princes  are  represented  in 
Homer  as  being  trained  under  some  instructor, 
not  only  in  msrtial  exercises,  which  would  cor- 
respond to  the  palaestric  course  in  later  times, 
but  (to  take  the  instance  of  Achilles)  also  in 
something  answering  to  rhetoric,  under  Phoenix 
<i7.  ix.  4i4X  whom  Plutarch  (do  Educ.  Lib,  12) 
calls  vtuBaytryhs  'AxtAX^r,  and  in  music  and 
medicine  under  Chiron.  The  latter  being  repre- 
sent<ed  to  us  as  an  instructor  of  boys  away  from 
their  homes,  may  be  said  to  give  the  earliest 
hint  of  anything  like  school  teaching.  Passing 
to  historical  times,  we  must  draw  a  general  dis- 
tinction between  Doric  and  Ionic  races.  In 
Doric  states  (for  instance,  Sparta  and  Crete) 
there  was  much  gymnastic  and  little  mental 
training.  A  boy  at  Sparta  was  taken  from  his 
parents*  control  at  seven,  and  his  subsequent 
traming  was  supervised  by  the  Bidiaei,  under 
whom  (with  the  real  management)  was  the 
Paedonomus  [Bidiaei;  Paedonohi].  This  re- 
ferred, however,  only  to  bodily  exercises  and 
chorus*8inging.  The  state  took  no  heed  of 
literary  education,  and,  if  any  was  to  be  gained, 
it  was  a  private  concern  of  the  parents.  Many 
no  doubt  learned  to  read  and  write,  and  acquired 
some  amount  of  simple  arithmetic;  but  even 
this  was  far  from  being  universal.  In  the 
Jfippiad  Major,  p.  285  C,  it  is  said  that  few 
Spartans  knew  any  arithmetic.  Music,  how- 
ever, all  learnt,  the  cithara  and  flute,  and  espe* 
cially  singing  in  chorus. 

In  Ionic  states  more  attention  was  paid  to 
literary  culture.  It  is  a  question  how  far  even 
among  lonians  literary  schools  were  ordered  or 
controlled  by  the  state,  and  it  is  still  more 
doubtful  whether  they  received  state  payment, 
or  rather  it  is  tolerably  certain  that  the  cases  in 
which  they  did  so  may  be  regarded  as  excep- 
tional. There  is,  however,  abundant  evidence  of 
the  importance  attached  to  schools  in  Ionian 


states,  even  in  early  times.    Herodotus  (ri.  37> 
mentions  a  school  of  120  boys  at  Chios  in  the 
year  500  B.O. ;   and  lso  important  was  school 
education  regarded,  that,  when  the  Athenians 
went  to  Troezen  during  the  occupation  of  Athena 
by  Xerxes,  special  provi^on  was  made  to  supplv 
teachers  there  (Plut.  Themist,  10).    That  educm- 
tion  was  reganled  as  a  necessity  appears   eTen 
more  clearly  in  the  decree  of  the  Mitylensbeans, 
given  by  Aelian  (vii.  15),  that  the  punishment 
of  disobedient  allies  should  consist  in  the  pro- 
hibition of  schools.     Diodorus  (xii.  12)  tella   ns 
that  Charondas  (between  600  and  500  B.o.)  passed 
laws  for  Thurii  to  the  effect  that  all  boys  should 
have  literary  teaching  at  the   public  expense 
(X^PTyo^trtis  r^r  v^Xcc^r  robs  fua^oht  tm  S<Bd> 
tTKoXMSj  ^ikafit  7^  Tohs  iat6povf  kwotrrmfyh' 
ff^vdoi  r&v  KoXXUrrmy  irenfiwftjdrwii).      This  is 
important  testimony  is  to  state  regulation  and 
state  payment,  if  it  can  be  accepted  as  authentic 
histoiy.      Most  scholars  deny  that  these  laws 
are  genuine,  though  others  (as  Gdll)  do  not  alto- 
gether reject  them.    It  is  to  be  feared  that  their 
date  must  be  regaided  as  uncertain.    As  regards 
later  times  in  Greece,  it  is  clear  from  Polybius 
xxxi.  17  that  there  was  state  payment  for  ednca- 
tion  at  Rhodes,  since  the  Rhodians  devoted  a 
gratuity  of  Eumenes,  king  of  Pergamus,  to  that 
purpose;  and  we  learn  from  an  inscription   at 
Teos  that  in  the  last  century  B.C.  there  was  in 
that  island  a  payment  for  three  ypofifuprddf 
hdo'itaXjoi  to  teach  bojrs  and  girls  fixed  at  600, 
550,  and  500  drachmas,  two  for  the  gynmastic 
school  at  500  and  a  musical  teacher  at  70O  :  a 
rich  man  of  the  place,  Polythrus,  had  given  the 
state  34,000  dr.  to  ftirther  the  education  of  the 
poor  (Hirschfeld,  Hermes^   ix.   501;  FrSakers 
note  on  Boeckh,  Staatshawih,  ii.  35*).    We  may 
pass  from  Greece  in  general  to  Athenian  ednca- 
tion,  as  the  most  important  branch  of  the  sub- 
ject, and  that  on  which  we  have  most  informa- 
tion.   It  does  not  appear  that  there  was  nnj 
state  pavment  of  schools  at  Athens  before  the 
Roman  Imperial  age,  when   Hadrian   endowed 
chairs  of  rhetoric  and  philosophy  (Gibbon,  v.  91, 
ed.  Smith).    As  regards  state  control,  there  was 
eertainly  a  law  of  Solon  fixing  an  oUigation  on 
parents  and  guardians  to  provide  for  the  edaca- 
tion  of  boys  (Plat.  Qrit  SOD).    Tbe  neglect  of 
this  duty  was  noticed  by  the  Areopagus,  and 
brought  at  least  some  public  stigma.    There  is 
no  evidence  of  any  penalty,  and  Becker  thmks 
that  it  was  merely  an  injunction,  and  that  the 
only  consequence  of  neglect  was  that  the  parents 
lost  the  right  of  claiming  support  from  their 
children  (cf.  Aeschin.  TimarciL  §  13).    The  pas- 
sage in  Plato,  Legg,  vii.  p.  804  C,  is  a  Utopian 
scheme,  not  a  statement  of  existing  institutions. 
On  the  other  hand,  there  is  the  question  whether 
the  public  officers,  the  Sophronistae  and  £pi- 
meletae,   exercised  any  functions  of  inspection 
which  would  give  the  state  a  control.      It  is 
usual  to  think  that  they  had  nothing  to  do  with 
schools  (Sidoo'icaXciB),   though  something  with 
the  gymnasium  (see  GiSll  on  Becker's  CAoviiUes,  ii. 
56).  And  this  agrees  with  Aristot.  Pd,  v.  (or  viii.) 
1  (=rp.  1336),  where  Aristotle  desiderates  public 
superintendence  of  educatiott  rather  than  leavin|;» 
it  in  private  hands,  **•  as  ii  it  now  " :  but  Odrtins 
{Sist  of  Greece,  m  385)  believes  the  Sophro- 
nistae to  have  been  appointed  about  459  B.C.  (at 
the  same  time  as  the  NomophylacesX  to  take 


LUDUS  LTTTEBABIUe 

oT«r  that  part  of  the  Areopsgitie  duties  which 
nUttd  to  orderly  public  life,  and  especially  to 
tae  edccstioii  of  the  young.  And  Ki^inkel,  in 
*fle  note  mentioned  abore,  cites  a  decree  of 
uvam,  which  pnises  Dercylos  for  his  efforts  as 
tiiyaify^i  in  the  cause  of  education ;  and  this 
MBS  to  imply  some  kind  of  state  interference. 
Whether,  howcvw,  state  officials  controlled  and 
ispected  schools  or  not,  there  is  no  doubt  that 
fteiiBf  and  custom  made  some  considerable 
oMmt  of  litenry  education  unirersal  for  boys 
It  AthiBi.  For  firls  there  were  no  schools; 
vkst  they  did  learn  was  from  their  mothers 
or  from  female  aU^es,  and  consisted  chiefly  in 
B^al  works,  such  as  spinning :  that  sometimes 
at  say  xite  they  learnt  to  read  and  write  may 
be  faihersd  from  Dem.  c  Spud,  pp.  1030,  §  9,  and 

iau,§2i. 

Sekial  penod, — ^At  the  age  of  six,  when  the 

bof  was  strong  cnoogh  to  do  without  a  woman's 

cue,  be  was  entrusted  to  a  paedagogus  [Paeda- 

€0901]^  who  coDducted    him    everywhere, — to 

<hool  to  the  palaestra,  lie,— carrying  his  books 

mi  other  school  requisites.    (Cf.  Plat,  de  Leg, 

Tii.  808  D,  who  says  that,  if  animals  haye  care- 

UseiB,  of  coune   the  boy  must,  *<  being  the 

msit  enmaiMgeable  of  all  animals.")    There  is 

t  kiniiier  notice  of  the  genus  schoolboy  and  his 

pngnM  to  school  in  Lucian,  Am.  44,  which  is 

vertk  queting  :  ipBptos  iumtrrks  4k  t^s  i/C^ov 

njrv  T^y  diii  rwy  hmtdrmif  Uri  KatKhv  ftryor 

ymMpan    8B«ri   Xtr^  Kcd   X"^^"^^^*^^^   '^^ 

XAaii6s  rm$  iwmfdots  it^wau  ffv^pi^ca  kw6 

T^t  TorMtos   i^rims  i^ipx^M   ndrtf  KtKtf^f 

cat  n^9U  T«F  Awayridnwr  4^  4rarriov  wpotT' 

Mfnar,  &a^Xo«^M    84    loil    iroitoywyef,  .  .  . 

csrrfiiig  tablets,  books  or  lyre.'*    It  is  true  that 

IS  the  same  author  we  find  ff$cv0p»nhs  turrtp  ol 

(tf  liSaraaXsM  ^orrwivf f,  and  of  the  severe  dis- 

deiiM  of  cane  and  rod  we  hare  evidence  from 

Inst.  SfA,  972,  Xen.  Anah,  ii.  6,  12,  &c.    The 

M^soi  began  early  in  the  morning  and  ended  at 

naict,seeording  to  Solon's  law  (Aesch.  Timarch, 

§  12 ;  cf.  Plat.  Ugg,  vii.  808  b ;  Thuc  vii.  29) ; 

bit  thers  was  an  interral  for  the  ipiarov  at 

niidsy  (Loeian,  de  Paratit.  61).     In  grammar 

ttssU  the  Musea  was    a  school  festival  (see 

TbBsphrast.  26  and  Jebb's  note).     And  there 

vm  holidays  at  great  festivals,  so  much  so  that 

is  tbs  month  Anthesterion  there  was  compara- 

tntly  little  achooV-time  (Theophrast.  22> 

SdjecU. — The  regular  school  course  (iyKi- 

■Am  ««i8f(a)  was  intended  to  convey,  besides 

oere  reading  and  writing,  a  knowledge  of  the 

pwts,  and  proSdency  in  music  and  gymnastics. 

la  the  Soeratic  age  some  mathematical  training 

*u  sddsd,  and  at  least  a  knowledge  of  simple 

xntkawtie  was  nniveraally  imparted  {Hippias 

Jfe^.  38SB;    Plat.   legg.    vii.   819  C).     This 

oen  reckoning,  however,  was  taught  mainly  at 

biiBc  Vf  means  of  a  calculating  table  [ABACUS ; 

Locsnci];  and  accordingly  Aristotle  (/'o/.  v. 

"T  TiiL  1)  ipeaks  of  three  usual  subjects,  ypdf/^ 

ffn,  YSfwaoTuc^  and  fioutrtie^.    (In  Plato  fiov- 

n^  raid  indnde  Tpdji^cvra.)   The  elementary 

'^^4a%  lesson  was  sometimes  made  easy  and 

^'tnctive  by  methods  like  those  of  the  modem 

^wdgyntew,  the  use  of  ivory  letters,  ftc     (Cf. 

^  £s9^  vii.  819  D.)    Grasberger  cites  from 

^Mttatus  {VU.  Soph.  ii.  p.  240)  a  device  of 

^■vdei,  who  gives  to  a  weak  pupil  twenty-four 

^spaiMs  named    from    tho    letters   of  the 


LUDU8  IJTTEBABnJS 


95 


alphabet,  Tra  4y  roir  r&p  wtddt^p  hv6fuccri  rk 
ypdfifupra  a^^  ficXcr^o.  For  the  method  of 
teaching  writing,  aee  Plat.  Protag.  326  D.  The 
literary  course  consisted  of  reading  and  explfdn- 
ing  the  best  poets  (Plat.  Protag.  1.  c),  such  as 
Homer,  Hesiod,  Tbeognis,  Phocyllides;  but  of 
these  especially  Homer.  In  Xen.  Symp.  3,  5, 
Niceratus  says,  "  My  father,  to  make  me  a  good 
man,  compelled  me  to  learn  all  the  poems  of 
Homer,  and  now  I  could  say  by  heart  the  whole 
Iliad  and  Odyssey."  (Cf.  DloChrysost.  Or,  zi.4.) 
This  poetical  training  was  intended  to  impart  a 
knowledge  of  mythology  and  philosophy  (espe- 
cially through  the  Tyw^iou),  as  well  as  taste  and 
power  of  expression.  Of  course  time  was  freer, 
since  thex«  was  no  language,  natural  science,  or 
history  to  be  learnt. 

To  this  literary  course  was  sometimes  added 
special  teaching  in  tactics  and  strategy  for  those 
who  looked  to  a  military  career  (Plat.  Euthy^ 
dem.  273  C;   Xen.  Mem.  iii.    1),  and   drawing 
was  taught  before  the  time  of  Aristotle  {Pot. 
1.  c.),  having  been,  according  to  Pliny,  intro- 
duced by  Pamphilus    (the  teacher  of  Apelles) 
first  at  Sicyon,  whence  it  spread  over  Greece, 
and  was  regarded  for  all  sons  of  citizens  a  most 
important  branch  of  education — slaves  might 
not  learn  it  (Plin.  IT.  N.  zxxv.  §77).      It  was 
chiefly  correct  outline  drawing  without  colour, 
on    boxwood    tablets.     The    musical    teaching 
began  at  12  or  13,  and  was  so  ordered  that  the 
pupils  might  appreciate  and   accompany  lyric 
poetry.    Aristotle,  in  the  book  cited  above,  says 
that,  while    the    literary  education    and    the 
drawing  are  useful  for  the  mind,  music  is  to  be 
maintained  on  the  ground  that,  though  of  no 
practical  use,  it  provides  a  noble  and  liberal 
employment  of  leisure.     It  should  be  observed 
that  the  instrument  taught  was  the  lyre :  the 
flute,  a  favourite  instrument  at  Thebes,  and 
once  commonly  learnt  at  Athens,  was  tabooed, 
except  for  professionals,  about  the  time  of  the 
Peloponnesian     war.      Aristotle    (/.   c.)    gives 
reasons  for  this.      The  iiZaaKa\ua  lasted  till 
1i$flf  Le.  till  16;   and  afterwards  for  those  of 
the  richer  classes,  who  wished  for  advanced 
learning,  came  the  schools  of  the  rhetoricians 
and  Sophists,  who  taught  various  departments 
of  knowledge.    Curtius  (Hist,  of  Greece,  ii.  414) 
remarks  that  ''the  training   was  for    life  in 
general:   the  palaestra  lessons  fitted  them  for 
military  exercises:     power    of  judgment  and 
readiness    of   speech    came   from   their  poetic 
studies :  the  music  learnt  at  school  was  useful 
in  sooial  meetings,  where  the  lyre  passed  from 
hand  to  hand."    And  it  is  easy  to  see  that  the 
literary  course  above  described    qualified   the 
Athenians  to  take  an  intelligent  and  critical 
interest  in  their  great  dramas,  and  indeed  in 
literature   and    art    generally,    such    as    was 
possible   for   no   other  nation  as  a  whole   in 
ancient  or  modem  times ;  though  there  is  some 
justice  in  the  remark  of  Professor  Mahaffy,  that 
the  development  of  the  system  led  to  elegant 
trifling  and  intellectual    idleness  (^Social  lAfe 
in  Greece^  835).     Such  questions,  howeVer,  need 
not  be  enlarged  on  here.    They  belong  rather  to 
Greek  history. 

Place  of  Education. — ^The  schoolroom  itself 
was  called  <i8ao'ira\eiOv  or  vat9aytay€tor  (Dem. 
de  Cor.  p.  313,  §  258;  Pollux,  iv.  19,  41);  also 
^K*6r,  or  ^Xc^f.    Hesychius  gives  curtly  the 


96 


LUDUS  LITTBEABniS 


omnbilMticn  of  mcaninn  ^ti\tir-  MwnaXtitni-  ti 
oE  ri  htpb  mirifiroi.  Same  indeed  miialain  thM 
the  raiSayiiytior  iru  only  tn  utte-room,  where 
the  paedagogi  ut  md  waiMd;  but  Giubergcr 
(vol.  li.  20T)  Tcmarki  that  it  wu  unlikely  tbu 
■0  poor  m  ichool  u  that  of  Elpini  woold  have  la 
ante-room,  and  cites  Philntr.  Va.  Saph.  ii.  263, 
to  ahow  tliat  the  paedagogi  >at  trith  their 
charge).  In  Roman  timai  ceitalsly  we  have 
Remmiiu  Palaemon,  as  paedagogns,  learning 
more  than  the  ichoolboTa  from  the  leuon  (SoeL 
Or.  23).  Some  ichools  had  not  eren  one  room, 
bat  wen  held  in  the  open  aii,  as  bj  DioDjaiui 
the  jronnger  (Qell.  IiL  5);  cf.  Anth.  Or.  li. 
11.437! 

r^^n^f  mivir  Pin  ■»  lUfa  Myw.  4 

Bnt  thil  i>   onljr  in  tho  cue    of   the  Tery 

rr :  even  the  father  of  Aeachine*  ii  describetl 
Demoithenea  ai  in  a  echoolroom,  and  De- 
moathene)  contraata  that  eatabliibment  with  the 
reipectable  (wperi,iievTa)  Khoola  to  which  he 
went  himwlt  The  boji  aat  on  benchn  (^fu), 
the  maiter  on  a  chair  (flpJvoi).  See  the  nrther 
nnattiactive  pietare  in  Liban.  It.  p.  SG8,  where  we 
are  told  that  the  matter  "sita  aloft,  lik«  adicait, 
with  an  awful  Iiowd  and  an  eipreaiion  of  impUc- 
abl*  wrath,  before  which  the  pupil  moat  tremble 
and  cringe."   In  the  raaa-pictace  gi-ren  below,  tie 


,eo\.    (Fr 


•ee  the  Tariou  department!,  each  group  repre- 
■eutlng  a  elan:  <1)  repetition  of  poetrj; 
(2)  mniic  leuon  on  the  lyre  (where  both  teacher 
and  pupil  lit,  and  both  hare  laid  aiiide  the 
AumfuH  to  glre  free  play  to  the  arm>} ;  (3)  the 
writing  maiter  with  a  tablet  (or  poulbly  a 
maater  comcting  an  eierciie);  (i)  a  linging 
lenon,  where  the  maater  ii  not  teachitig  the  for- 
bidden flute  (tee  above),  bnt  aiTJng  a  note  from 
it.  On  the  walla  are  articlea  of  the  ichool 
appuatni. — book-roll,  lableta,  lyre,  geometrical 
lutmment  (7),  drinking  vease],  baaket  forbooka. 
It  ia  a  diiputed  queation  whether  the  leated 
■pectatora  are  government  inapectota,  paedagogi 
or  parenta,  and  the  qnettion  ia  to  impouible  to 
decide,  that  the  pictara  unfortunately  ci 


LtJDCB  UTTEBABIUB 

be  made  an  argument  for  the  preKnce  or  any 

one  of  the  three  at  the  lenon. 
Payment. — The  poor  italni  of  the  AtheniaD 
ihoolmaster  (>pafifUTiirH|i)  ia  eufficieBtiy  in- 
dicated   by  the  line    ffroi   T^SrqKeF  1)  >iS<Li-hi 
'tuata    (Hcinek.   Fr.    Incert.   453  =  Zenob. 
t.  iv.  IT).    He  waaill-faid,  and  often  did  nM 
ire  hii  payment  at  all  (Dem.  c.  Ap^ob.   i. 
128,  §  46;  cf.  Theopbrut-  22).    This  does 
apply  to  the  Sophista  in  the  more  adranced 
•ol,  who  were  able  to  charge  ai  much  aa  100 
aa  for  their  complete  courae  to  each    pupil 
Boeckh,  Slaala/uiut.  i.  154):  and  the  cbsira 
founded   in    later    timei    by  Hadrian   had    % 
itipend  of  lOOminae  a  year  attached  to  them. 
*'2.  Soman. — At  Rome,  education,  though  not 
ade  obligatory  by  any  law,  waa  alwaye,  so   far 
>    our    Icuowledga  eitendi,  coniidered   of  im- 

EDrtance.  In  early  dayi,  however,  the  father 
imielf  generally  taught  hia  aon.  ("  £r«t 
aotem  antiquitua  inititutum  ut  a  majoribiu 
remua  . .  .  anni  caique  parena  pro  magislro 
"  Plin^fp.  viii.  14:  cf.  F]auU  Jlott.  i.  S, 
42.)  So  Senioa  Tullina  ii  aaid  to  hare  becD 
tanght  by  king  Tarqain  (Cic,  dc  Sep.-  ii.  21, 
37);  and  of  Cato  the  elder  it  ia  aaid,  aa  part  of 
hii  eonaarvatiam,  atrrit  tUr  fr  yft^ifimrtFrtit. 
airTit  Ii  HiiaiiSairritt,  aitrit  U  yaiirarriit  to 
hia  own  Ion  (Plat.  Cat.  Maj.  20)«  This  old 
^^ning  no  doubt  consiited  mneh  in  living  with 
the  father  and  learning  hii  buainaia  of  public 
life ;  but  there  waa  bI»  direct  inatmetion  in 
reading,  writing,  and  arithmetic  (i.e.  reckon- 
ing), and  in  aaying  by  heart  the  twelve  tables 
which  formed  a  aoit  of  catechiim  to  the  Roman  ~ 
of  the  old  achool.  Thui  Cicero  aayi,  "  diaccba- 
moi  paeri  lii  tabolat  ut  carmen  necenarimn  ;" 
though  he  adda  with  regret,  "quae  Jam  netno 
dticit."  Bnt  it  of  CDurae  often  happened  that 
the  father  wanted  either  the  ability  or  the  in- 
clination to  teach  hia  aon,  and  ao  arose  thp 
cuatom  of  wealthy  parenti  emplojing  educated 
dart*  or  IVeedmen  aa  private  tutota  at  home. 
Liviui  Andronicna,  late  in  the  3rd  ceBtary  ilc:, 
waa  10  employed  by  Liviui  Salinalor  :  Angmtiu 
10  employed  the  freedman  Verrioi  Flacciu  to 
teach  hii  grandioni;  ind  in  lome  eaaei,  when 
the  teacher  wai  a  ilava,  hii  maater  let  him 
t«ach  a  claas  of  outaiden  and  lO  made  a  proiit 
(Pint.  Cat.  Mnj,  20)a  For  thia  private  tnition 
in  early  timea.  aee  alio  PlauL^BaaA.  lu.  I,  37. 
It  i*  probable,  however,  that  even  in  the  earliest 
timea  there  were  achooli  to  which  thoae  who 
could  neither  teach  thomielvei  nor  provide  com- 
petent ilavei  aa  teachera,  tent  tbeir  childreo, 
boyi  and  glrla  alike.  Plutarch  {Sm 
preaenta  nomaloi  and  Remua  aa  leu 
a  echool  at  Gabii  Sra  wi)  robi  it  y 
and,  in  Icaa  purely  legendary  timea,  th 
reaaon  to  diicrtdit  the  account  of  Virginia  going 
to  adiool  (Liv.  iii.>  44),  or  of  the  achoola  at 
Falerii  (Liv.  v>i,44)  and  Tuiculum  (Liv.  ,tL  25} 
early  in  the  4th  eentnry  B.C. 

Agaioit  thia  haa  by  acme  been  adduced  the 
paaaaga  of  Ptatarch  (Quoaaf.  Aol'M),  which 
itatea  that  Sparina  Carviiina  wai  Uva  Srat 
person  who  opened  a  achool  iffaiiimraltBa- 
uKaXtlar)  at  Rome,  B.C.  231:  but  PluUrch 
probably  only  meant  that  Carviiina  waa  the 
fint  gnrmnatiaa  or  teacher  of  the  more  ad- 
vanced literary  achoola,  which  came  in  along 
with  the  ioSoeDce  of  Greek  literatnr*,  and  be 


(  -tryoif&Tui, 
.there  ta 


LUDUS  UTTEBABIUS 


LUDU8  LITTEKAEIUS 


97 


de«s  fiot  ikenbf  negative  the  elementary 
scbools  mentioned  hj  lArj  (and  indeed  by  him- 
j«]f  elscvheie)  as  existing  much  earlier.  It  is 
ceeMsarj  therefore  to  distinguish  (1)  litteratoTj 
cr  ma^tsUr  lUierarius  (^^ypafi/iorurHii),  the 
clrasnUry  schoolmaster ;  (2)  grammaticus  (also 
ktfntv$\  a  more  advanced  teacher ;  (3)  rhetor, 
T31I  dutinction  explains  Apnl.  VF7or.  20: 
**  prima  cratara  UtUratoris  mditatem  eximit, 
lerada  grammatid  doctrina  instruit,  tertia 
rhtioris  eloqnentia  armat."  So  Augustin. 
Cmfat,  l>13^  1:  "adamareram  litteras,  non 
^ns  primi  magitiriy  sed  qnas  docent  qui  gram^ 
maOci  Tocaniar.**  Prirate  teachers  were  em- 
}lcjid  io  later  as  in  older  times,  hj  many  men 
•f  high  station,  but  still,  except  the  imperial 
ladljf  it  was  common  for  those  of  the  highest 
njk  to  send  their  sons  to  schools.  Thus  we 
ini  SalU  sending  his  son  Fanstus  to  the  school 
b  vhich  Ga»iifs  also  was  being  educated  (Plut. 
BnU.  9);  and  Anaonius,  a  man  of  the  highest 
nsk  ia  the  state,  recommends  school  education 
12  a  passage  dted  below.  The  question  whether 
ham«  or  sdiool  education  is  to  be  preferred  is 
IwMed,  by  Quintilian  (/ns«.>Or.  i.  2),  with  a 
r?^ilt  in  favour  of  the  latter,  and  the  arguments 
ci  cither  side  have  a  striking  resemblance  to 
thon  which  are  naed  at  the  present  day. 

^^.— The  elementary  schools  and  those  of 
the  jraswuiiei  were  usually  in  a  verandah  partly 
^n  to  the  street,  and  the  schoolroom  is 
tttordiBgly  called  pergvla  (see  Marquardt, 
iVwatWea,  93,giot«),  UAema^  or  porticus  (Suet. 
♦>.Vl8;  Juv.vxi.  137;  liv.  iii.v44,  vi.  i£5 ; 
lomeiL  pro  IntL  Sckoiv  20).  Hence  the  noise 
0^  tesdiing  and  of  punishing  was  audible 
ttrongh  the  street  and  annoying  to  the 
neighboon  (Mart.  zii.  57,  &cQ.  Boys  and  girls 
Tve  tavght  in  the  same  school,  as  is  shown 
lUke  hy  passages  such  as  Mart.  viiLv3,  ix.  68  ; 
<>id.  TritL  si.  369,  and  by  old  paintings  which 
hir«  bees  discovered. 

S<:hod4mt. — The  school  began  early,  even 

he&re  dawn,  when  ^nondum   cristati    rupere 

rJatit^Ui"  (Mart.  ix.»68);  so  that  the  boys 

b»ight  lampa  with    them  (Juv.    viL    226): 

^«rc  was  a  break  for  the  prandium  (Lucian,  de 

^is.  61X  after   which  the  school  was  con- 

^^ved.    Eilch  boy  was  accompanied  from  his 

^'B2e  by  his  paedagogus,  or  slave  (who  acted 

"^  &  lort  of  privnte  tutor,  both  in  regard  to 

rmtrol  and  not  unfreqnently  in  teaching),  also 

'^'rf  cart'.s  (Juv.  vii.  218  ;>cf.  Hor.  8at:^\.  6, 

^).  ud  by  an  inferior  slave  called  capsariasy 

t^^g  the  books   and  tablets,  the  "  custos 

»a?Btae  veraula  eapsae"  of  Juv.  x.Mft,  who  is 

"^  distioguished  from  the  paedagogus.    (Cf. 

^t.  Str,  36,vhnd  Mayor's  note  on  Juv.  /.  c.) 

J^renal  b  &VHi.  222  ff.  describes  for  us  the 

^Jjwlnwin  (which  was,  as  was    said    above, 

^enlly  ia  a  sort  of  verandah) ;  the  busts  of 

J^PMto  Uat^ened  by  smoke  from  the  scholars' 

oapB,  the  master  seated  on  his  chair  (oaMedWi), 

nile  ha  dass  stood  before  him   or    sat  on 

!^^«i  {jnAtdUay    We  hear  also  of  wall-maps 

^ » rn&arkabls  passage  of  Eumenius,  a  teacher 

J^Qtaa  at   the  end    of  the  3rd    century: 

'^  hoys  should  have  daily  before  their  eyes 

^^«  vails  all  lands  and  seas,  all  cities  and 

j*W  comprehended  under  onr  empire:   for 

u^Bsnt  and  position  of  places,  the  distances 

■<^«a  them,  the  source  and  onAow  of  rivers, 

TOLIL 


the  coast-line  with  all  its  seaboard,  its  gulfs  and 
its  straits,  are  better  taken  in  by  eye  than  ear  '* 
(jpro  Jrutaur,  Schoi,  20^  cf.  Propert.  vj^,  37). 
There  were  also  tables  of  authors  and  of  dates 
hung  up  (see  Marquardt,  Privatleben^09), 

Discipline, — ^That  this  was  generally  severe 
may  be  seen  from  the  line  of  Juvenal  (Lt45), 
"  et  nos  ergo  manum  ferulae  subduximus,"  and 
from  the  abundant  illustration  given  by  Pro- 
fessor Mayor  on  that  passage.  Zonaras  mentions 
that  the  prince  Arcadius  was  flogged  by 
Arsenius  without  apparently  any  objection  from 
the  Emperor  Theodosius.  Arsenius,  however, 
seems  to  have  been  a  private  tutor,  teaching 
only  the  emperor's  children.  Quintilian  (ih-3, 
14)  argues  against  corporal  punishment  "^ 
altogether.  On  the  other  hand,  prizes  were 
given  to  encourage  the  industrious  —  some 
valuable  or  prettily  got-up  book :  "  praeposito 
praemio  quod  virtus  auferret.  ...  Is  erat  liber 
aliqnis  antiquus,  pulcher  aut  rarior  '*  (Suet/<7r. 
17).  Grasberger  (ii.  ^35)  cites  an  inscription 
found  near  the  Porta  Salaria  about  Q.  Sulpiciua 
Maximus,  who  at  the  age  of  1 1 }  won  a  prize 
against  fifty-two  competitors  for  Greek  verses 
about  Phaethon.  Prizes  are  mentioned  also  at 
Athens  in  the  Roman  period  for  the  best  f/Kii- 
fuov  or  essay.  Few  passages  will  better  give  an 
idea  of  a  Roman  school  than  Idyll  iv*  which 
Ausonius  (once  tutor  to  Yalentinian's  sons,  but 
afterwards  a  count  of  the  empire  and  consul) 
addresses  to  his  grandson,  just  going  to  school 
(line  27) : 

**  Tu  qnoque  ne  metuss,  quamvis  schola  verbere  mnlfeo 
Increpei,  ei  trocalenta  senez  gerat  ora  msglster. 
Nee  matuitnls  agitei  formtdo  sub  horla. 
Quod  sceptrom  vibrat  ferulae,  quod  multa  supellez 
Yirgea,  quod  fallax  scnticam  praetexit  aluta. 
Quod  ferveiit  trepldo  sabaellia  vestra  tumultu. 
Haac  ollm  genitorque  tuus,  genetrlzqne  secutl 
Securam  placido  mihl  permnlsere  sa&ectam." 

Schocltime  and  Holidays, — ^The  Roman  school 
year  began  on  March  24th,  after  the  Quin- 
quatria,  when  the  new  boy  brought  his  entrance- 
fee  {Minerval,  see  Tertullju^fe  Idol.  10 ;  Juv.  x. 
116,  and  Mayor's  note).  Sometimes  the  money 
for  the  whole  previous  year  was  brought  then 
(Juv.  vii.^42),  but  (as  appears  from  Uor.vSat,  i. 
6,  72)  it  was  usually  paid  each  month  ;  and  this 
u  prescribed  by  an  edict  of  Diocletian  (C  /.\&. 
iiL  831).  The  regular  holidays  or  vacation 
were  the  week  at  the  Saturnalia  in  December 
and  the  five  days  at  the  Quinquatria  in  March, 
but  there  was  also  a  holiday  on  each  nundinae 
(Varr.  ap,  Non.  133 ;  Suet.  Or,  7),  and  at  the 
time  of  the  important  games.  This  is  indeed  a 
very  much  shorter  estimate  of  holidays  than 
that  which  Marquardt  gives  (^PrivaU,  43),  of 
four  months*  continuous  holidays  in  the  summer ! 
But  his  view  cannot  be  accepted.  He  bases  it 
on  two  well-known  passages  :  (1)  Hor.  8ai,  i.  6, 
75,  from  the  reading,  ^  Ibant  oeUmis  referentes 
Idibus  aera;"  (2)  Mart.  x.  62,  '<  ferulae  . . . 
cessent  et  idus  dormiant  in  Octobris."  As 
regards  the  first  passage,  there  is  little  doubt 
that  we  should  read  o^onos^  aeris,  which  must 
have  been  the  reading  of  Schol.  Cruqn.,  *'  Hoc  est 
singulis  idibus  referebant  octonos  asses  aeris," 
and  of  Acron,  "Octonis  (-os  ?)  numos  pro  mercede, 
octonos  asses  aeris,  quia  ante  Idus  meroedes 
dabantnr."  For  the  expression  we  may  compare 
Cic.  pro  £o$c.  Com,  10,  28,  <<daodedm  aeris," 

H 


98 


LUDU8  UTTEBABIUS 


and  Plin.  U.  N.  xir.  §  16,  <«octom8  aeris 
rendere."  Horace  is  contrasting  with  Rome  the 
countrified  school  where  boys  carried  their  own 
books  instead  of  having  a  capaariuB,  and  paid  a 
▼ery  small  sum.  Martial,  eren  if  the  passage 
were  taken  to  convey  a  fact,  would  not  convey 
what  Marquardt  postulates,  since  the  poet 
represents  the  schoob  as  going  on  at  any  rate  in 
July,  and  therefore  expressly  excludes  the  four 
months.  But  in  truth  Martial  makes  no  state- 
ment: bored  by  the  noise  of  a  neighbouring 
school,  doubly  tiresome  in  hot  weather,  he  is 
expressing  a  wish,  which  he  never  expects  to  be 
fulfilled.  There  u  therefore  nothing  in  these 
passages  to  discredit  the  plain  inference  to  be 
drawn  from  the  manner  in  which  the  Quin- 
quatria  and  Saturnalia  are  spoken  of  as  the 
principal  holiday-times  for  schoolboys,  though 
neither  lasted  more  than  a  week. 

SybjecU, — ^The  school  life  began  usually  at 
seven  years  of  age  (Quint,  i.  1,  15);  but  no 
doubt  in  most  cases  there  was  some  earlier  home 
instruction.  Tacitus  {Dial,  29)  mentions,  with 
no  approval,  the  custom  of  having  a  Greek 
maid,  like  a  b<mne,  for  children  to  give  them  an 
early  familiarity  with  the  Greek  language.  In 
the  elementary  schoob  the  course  consisted  of 
leading,  writing,  and  simple  arithmetic  (Cf. 
Augustin.  Conf.  i.  13,  'MUas  primas  ubi  legere 
et  scribere  et  numerare  discimus.'*)  Quin- 
tilian  (L  1,  26)  mentions  the  system  of  making 
the  reading  lesson  attractive  by  using  ivory 
letters,  as  above  in  Greek  schoob.  The  writing 
lesson  was  on  a  wax  tablet,  with  lines  or  furrows 
(su/cO  to  guide  the  hand  (Quint,  i.  1,  27). 
Arithmetic  (as  we  know  from  Horace,  A.  P. 
325)  was  of  great  importance  in  the  Roman 
judgment,  and  we  find  from  an  edict  of  Dio- 
cletian that  the  arithmetic  master  (paiculator) 
was  paid  more  highly  than  the  teacher  of  read- 
ing and  writing.  (For  the  method,  see 
LraiBTiGA.)  In  the  schoob  of  the  grammarians 
(which  we  may  assume,  acconUng  to  the 
passage  quoted  from  Pliny,  to  have  b^n  started 
by  Sp.  Carvilius)  came  the  study  of  poets.  Thb 
school  differed  from  the  elementary  school, 
because  that  was  training  merely  for  the  bare 
necessities  of  practical  life,  while  the  grammar 
school  (if  wo  may  so  term  it)  was  nearer  the 
ideal  Greek  training,  an  eruditio  liberalii  or 
<<Uberai  education"  (Qc  Tuao.  ii.  11,  27).  The 
central  point  was  to  read  with  full  explanation 
Greek  and  Latin  poets  (these  were  sometimes 
dutinct  under  ymmmo^ict  Graed  and  Zcrfmi): 
the  boy  must  first  learn  to  read  the  poet  with 
understanding  and  with  correct  emphasis.  It  is 
clear  that  the  Romans,  like  the  Greeks,  laid  the 
greatest  stress  on  elocution.  Eloquence  under 
the  Republic  was  the  only  avenue  to  power 
(Tac  J)iaL  37 ;  FriedlXnder,  vol.  iv.  7) ;  and 
the  school  was  intended  to  train  the  utterance 
as  well  as  to  supply  a  flow  of  words,  ^'os 
tenemm  puoro  balbumque  poeta  figurat."  This 
is  abundantly  shown  in  Cicero  and  Quintilian 
paanm^  and  perhaps  better  than  elsewhere  in 
Ausonius,  Id»  iv.  45 : 

"  Perlege  qnodeanque  est  memorablle ;  priva  monebo 
Oondttor  Illados,  et  amabllls  orsa  Mensadri 
SvolvendA  tlbl :  ta  flexn  et  sconUne  vods 
Imrameros  nmnene  doetis  acoentlbas  effer, 
Adfeetosqne  Impone  legens :  disttncUo  sensom 
Angst,  et  Ignavls  dant  Intervalla  vigorem." 


LUDU8  LITTEBABros 

\nth  thu  obiect  the  master  read  over  t 

passage  and  made  the  class  repeat  it,  as  we  i 

from  the  frequent  reddere  didata^  i.e.  to  rejn 

passages  after  the  master  (Hor.  Ep.  L  1, 5 

L  18,  13).    Thb  b  expressed  also  by  the  wc 

praeUgere  (Mart.  i.  36 ;  Quint,  i.  8, 8).    Besi< 

this,  however,  the    passage    was     thorougl 

threshed  out  as  to  its  meaning,  its  metre,  1 

questions  of  geography,  hbtory,  mythology,  a 

ethics  connected  with  it  (Quint,  i.  4,  4;  C 

Verr.  i.  18,  47 ;  Tac  Dial.  30).     Hence  Cia 

says  of  these  schools  of  grammaticif  ^  In  gra 

maticb  poetarum  pertractatio,  hbtoriarum  cc 

nitio,  verborum  interpretatio  "  (de  Orat,  L  i 

187 ;  cf.  Juv.  vii.  231).     The  questions  rait 

were,  however,  often  extremely  tririal,  **t 

name  of  Anchises'  nurse,"  &c.  (Juv.  vii  23 

see  the  instances  in  Mayor's  note  in  /oc).  Th< 

were  also  learning  by  heart  and  practice  in  ve] 

composition:    prose  belonged    to  the  rhetoi 

school,  vhen  that  was  establbhed  as  sepan 

from  the  grammatical.    As  regards  the  auth< 

read.  Homer  universally  held   the   first  ph 

(Hor.  Ep.  ii.  2,  42 ;  Quint,  i.  5,  8;  Plin.  Ep. 

14),  and    next    perhaps     the     favourite  w 

Menander  (Ov.  I^ist,  ii.  23 ;  Auson.  /.  c\  tu 

then  the  great  tragedians.    We  have  an  accoa 

in  Stat.  Silv,  v.  3  of  the  books  read  in  the  scho 

kept  by  the  father  of  Statins  at  Naples ;  and  tl 

list  comprises  Homer,  Hesiod,  Theocritus,  Pindi 

Ibycus,    Stesichorus,    Sappho,    Corinna,   Csll 

machus.    It  b  possible,  as  FriedlSnder  remark 

that  at  Naples,  as  a  town  preserving  Greek  Ii 

and  habits,  Greek   literature   might  be  nol 

deeply  studied    than    elsewhere.      The   Lstl 

authors  most  read  in  the  let  century  vrei 

Virgil,  Horace,  and  Lucan ;  Statins  lived  to  s< 

hb  own  works  read  in  schoob  (I'heb.  xii.  810' 

A  reaction  took  place  as  to  the  literatoie 

vogue  about  100  jLD.  (see  Grasberger,  vol  i 

p.  204 ;   Friedliinder,  vol.  iv.  p.   20),  M  > 

place  of  the  authors  of  the  Augustan  age,  ti 

older  prose  writers  and  the  poets  of  the  3i 

cent  B.O.— Gracchus,  Naevius,  EUnins,  Pbutq 

Acdus,  and  Lucilius — were  adopted  as  schoo 

books.    Thb  was  at  the  time  when  Hadrian  pn 

ferred  Cato  to  dcero,  Ennius  to  Virgil  (^ 

Hadr.  16).      Pronto^  the    teacher   of  MarcB 

Aurelins,  was  a  leader  in  the  demrecbtion  of  u 

Augustan  writers  (see  Teuffel,  Bkt.  of  Bow 

LU.  §  351  ff.).     Music  began  to  be  stvaie 

towards  the  end  of  the  Ist  century — a  mark  ( 

Greek  influence  (Sen.  Ep.  88,  9 ;  Suet.  T^  3) 

and  the    above  course,  with  the   addition  < 

geometry,  formed  what  Quintilian  (i.  10?  ^ 

calls  the   iyic^Kkios    muMa  with  which  Ui 

majority  were  content.    Many,  however,  pw 

oeeded  to  the  school  of  the  rhdor.    Like  tb 

school  of  the  grammatieus,  thb  was  origiow| 

formed  after  the  Greek  pattern.     The  etfl 

Latin  rhetors,  Plotius,  &c  were  not  apprvvH 

and  the  censors  in  ac.  92  closed  the  Uu 

schools  of  rhetoric,  because,  as  they  allege<lf  tbcj 

were  a  pretence  for  idleness.    (Suet.  .^A^^/ 

Gell.  XV.  11).   Cicero  {ap.  Suet.  Met.  2)  ttft»fi« 

to  the  superior  teaching  of  the  Greek  rArior« 

In  these  schoob  prose  authors  took  the  pl*^  ^ 

poets:   but  the  principal  part  was  the  fif^ 

exercise,  which,  for  the  beginner  a  mere  pjroe 

narrative,  passed  on  to  the  d^lamatiO'    ^ 

easier  kind  of  dedamatio  was  mtaaoria^  on  *^ 

hbtorical  and  mythological  subject,  wlopti^ 


LUDT78  TBOJAB 


LUPEBGAUA 


99 


rww  oo  this  or  that  story  or  point  of 
^stoTT  and  arf  ning  it  (see  Jav.  L  16).  They 
Almoed  to  oamirooertiae  or  decUmations  on 
A&tse  le^  point.  (See  Friedllinder,  voL  iv. 
p.  23,  Frendi  tnmalation.)  Pliny  (£^.  ii.  3)  may 
:«  R^erred  to  for  a  description  of  a  celebrated 
•'^tffor^tbe  Isaevs  alluded  to  in  J9y.  iii.  74. 

T^  statas  and  emoluments  of  the  school- 

asacen,   grammatigtae  and    grammatioi  alike, 

vvre  low.     Orid    calls    them    ^tnrba  censu 

rraadsu:"  compare  the  porerty  of  the  fismous 

<J7&iIius,  described  in  Saet.  Or,  9,  and  especially 

JzT.  Sat  TiL  228-243.      What  their  ordinary 

a^  VIS,  camiot,  howerer,  be  determined.    In 

lAioetiaa*s    time    (when    their    poaition    was 

pccbably  better  than  when  Jnyemd  wrote),  the 

m^mmnm  fee  for  the  grammaiuies  from  each 

^ptl  was  50  denarii  a  month,  and   for  the 

-rimnatictu  200  (C.  /.  L,  iii.  831).*    The  rketor 

s^toM  to  have  reoeired  twice  as  mnch  as  the 

j^immaticuSy  and  his  emoluments  were  increased 

IT  the  state  endowments  began  by  Vespasian 

^Soet.  Vetp.  18).   Remmins  Palaemon  is  dted  as 

ia  instance  of  a  wealthy  gratmmaticus,  and  by  a 

rkst'jr  wealth  was  more  often  acquired.    There 

werv,  beudes,  the  toms  of  fortune,  of  which  Ja- 

ri!3al  speaks  (rii.  197X  And  of  which  the  Emperor 

Pertinai  (once    a  gramnudicua)  and  Ausonius 

aif.jrl  iostaaoes.   (See  Mayor's  note  on  Jay.  L  c) 

For  the  literature  on  this  subject,  the  most 

isipoitsnt  Latin  and  Greek  authors  hare  been 

Cited  in  this  article:  a  long  additional  list  will 

W  found  in  Qrasberger,  toI.  iL  p.  12,  whose 

wcrk,  JSrzi^^Mng  wui  Unterricht  m  ckusiachen 

Mifrihakf  forms   the  most  complete  modem 

icthehty.     See  also  Becker-Goll,  CharildM,  ii. 

:::*  f. ;    GoU's    dzcoraus   on    Becker's   GcUhts^ 

7 1  iL  pp.  61-114 ;  an  excellent  popular  work 

v:  Eiumner,  Laben  wad  SitUn  der  Or, ;  Mar- 

<turdt  PrwOUbeti,  p.  80  ft  [G.  £.  M.] 

LCDUS  TBOJAE.    (Trojae  Lupus.] 

LU'HIXA.    [Sebvttoteb.1 

LUPA'XAB.    ^AUFOKA,  VoLI.p.3886.] 

LUPATUM.    [Fbenuii.] 

LUPEBGALLA,  probably  the  most  ancient 

<f  th«  Boman  iestiTais,  was  held  erery  year  on 

tfec  15th  of  February,  In  honour  of  a  deity  who 

is  described  aa  FanmrnM  or  Fun  by  Orid  (^FatUf  ii. 

'iyihH)^  Inuu$  by  Liry  (L  5\  Luperau  by 

Jcstia  (xliis.  1,  7>f  The  later  Bomans  had  lost 

tbe  Bccret   of  the/ god's  real  name,  and  their 

le^Alin  merely  made  gueaset  about  it,  which 

tn  rrpresented  in    the  names  aboTe    giren; 

FisBBs  betBg  brought  in  through  his  supposed 

eofinezioB  with  the  Palatine  hUl,  Inuos  being 

<a  chicure  deity  of  the  same  character  as  Faunus, 

uj  Laperens  probably  a  mere  inrention,  based  on 

xki  cmt  of  the  festiyaL  Remembering  the  great 

£«ltiplicsty  and  fluidity  of  the  names  of  Roman 

i^iUes,  sad  the  tendency  to  ayoid  fixing  a  god's 

^^Qe  in  ritvai,  we  may  hesitate  to  form  a  con- 

jcsioa  wlwre  the  Roinana  themselyes  were  un- 

c^rtsia.    (Xder  is  suggested  by  Seryius  on  Am, 

^  343,  ^sHio  also  says  that  others  held  the 

^^iaity  in  qnestion  to  IM  a  deus  belUoontM,)  The 

z'ftenl  chaxseter  of  the  rites  suggests  an  extreme, 

T^i«tb}TercBapre-Roman,aatiquity;  and  though 

'^  BfeaninK  can  be  in  part  explained,  they  do 

*  DkodctfaalB  preHa  sra  sH  In  the  cofper  denarius  s 
'K7««agtoHiiliscfa)ab(mt  Aofapenny.    Henoethe 
'^2e«ar«a9dsn.sUshi]llnek    (See  Xarqusidt, 
iLM.) 


not  suggest  any  particular  deity  as  specially 
concerned  in  them. 

These  rites  were  as  follows : — On  the  day  in 
question  the  members  of  the  two  colleges  of 
Luperci  (see  LuPEBCi)  met  at  the  caye  of  the 
Lupercal,  under  the  Palatine,  where  Romulus 
and  Remns  were  said  to  haye  been  nurtured  by 
the  she-wolf,  where  (according  to  Justin,  /.  c.) 
there  was  a  temple  and  an  image  of  the  deity 
girt  with  a  goat-skin — most  probably  of  com- 
paratiyely  late  origin.  Here  they  sacrificed 
goats  and  young  dogs  (Plutarch,  QtMiest  Bom. 
68  ;  Horn,  21),  and  at  the  same  time  were  ofiered 
the  sacred  cakes  made  by  the  Vestal  Virgins 
from  the  first  ears  of  the  preyious  hanrest  (Sery. 
JEd,  8,  82).  Then  two  young  men  of  birth, 
themselyes  perhaps  members  of  the  Luperci, 
were  brought  forward :  these  had  their  foreheads 
smeared  with  the  knife  still  bloodv  from  the 
yictims,  and  then  wiped  with  wool  dipped  m 
milk,  after  which  they  were  obliged  to  laugh. 
They  then»  or  other  Luperci,  girt  themselyes 
with  the  skins  of  the*  slaughtered  goats,  and 
feasted  luxuriously ;  after  irhich  they  ran  round 
the  Palatine  hill,  striking  at  all  the  women  who 
came  near  them  with  strips  of  skin  cut  from  the 
hides  of  the  yictims.  These  strips  bore  the 
name  of  febmoy  a  word  applied  by  the  Romans  ' 
to  many  kinds  of  instruments  of  purification. 
(For  the  aboye  details,  see  Plat.  Bom,  21, 
Caeaar  61 ;  Dion.  Hal.  i.  79,  80;  Val.  Max.  jl, 
2,  9 ;  Oy.  Fasti,  iL  267 ;  Jay.  Sat.  ii.  142.)     i 

The  immediate  object  of  this  striking  wks 
belieyed  to  be  that  of  rendering  the  wom^n' 
fertile — and  this  is  confirmed  by  a  considerable  * 
number  of  parallels  in  classical  antiquity  (see 
liannhardt,    Mytholog%»Ghe    Fonchungen,    113 
foil.) — and  at  the  same  time  was  regarded  as  a 
purificatory  rite,  or  as  a  luttratio  of  the  Palatine 
city  round  which  they  ran  (Tac  Ann,  xii.  24). 
This  is  a  combination  o^  ideas  which  is  not  hanl 
to  explain,  if  we  recollect  that  other  processional' 
ceremonies  of  the  Romans  (see  Lubtratio)  had 
the  combined  objects  of  purifying,  ayerting  evil, 
and  fertilising  land,  people,  or  city.     Other 
parts  of  the  festiyal  are,  howeyer,  extremely 
didScult  to  explain.    In  the  smearing  of  the* 
young   men's  foreheads  with   blood,   we  may 
see  a  reli^  of  human  sacrifice,  which  actually 
occurred  in  the  somewhat  similar  worship  of 
the  Lycaean  Zeus  in  Arcadia ;  or  this  may  haye 
been  a  symbolic  or  quasi-dramatic  act,  signifyiug 
that  the  young  men  had  died,  like  the  yictims,, 
but  had  gained  a  new  life  with  the  wiping  off 
of  the  blood — a  resuscitation  which  may  haye- 
been  marked  by  the  rule  that  ther  should  laugh 
at  this  poial"  in  the  rite.    If  this  latter  explana-- 
tion  were  true,  the  thing  mnbolised  would  be. 
the  reyiyal  of  tlie  powers  of  fertilisation  with  the 
return  of  spring  (Mannhardt,  op,  cU,  p.  91  foil.)* 

The  girding  on  of  the  goatskins  may  possibly 
be  partially  explained  by  certain  similar  usagel 
in  which  the  priest  wears  the  skin  of  the  yictim 
he  has  slain.  By  some  this  is  referred  to  totem- 
worship— the  god  himself  (cf.  Justin,  L  c.)  and 
his  priests  wearing  the  skin  of  the  sacred  totem 
(Lang,  Myth  Biiiud  and  EelMon,  ii.  177  and  213 ; 
.Robertson  Smith,  s.  e.  Sacrifice,  in  JBncycL  Brit.). 

The  yictim  should,  in  these  totem  sacrifices, 
be  the  animal  which  represents  the  deity,  and  so 
far  the  poptdar  conception  of  Faunus  bears  out 
the  yiew  aboye  giyen,  when  we  see  the  statue  of 

H  2 


100 


LUPEBCI 


LUPKBCI 


the  goat-footed  deitj  clothed  \u  the  skia  of  the 
sacriticed  goat.  (Compare  the  clothing  of  the 
ram-faced  god  Ammon  ia  the  skin  of  a  sacrificed 
ram,  Herod,  ii.  42.)  As  to  the  sacrifice  of  the 
dog,  it  is  perhaps  simplest  to  connect  this  also 
with  the  pastoral  use  of  that  animal  as  protector 
of  the  flocks,  rather  than  to  refer  it,  as  Preller 
does,  to  a  worship  of  infernal  powers.  (He  cites 
the  case  of  Hecate.)  While,  however,  there  is 
much  to  be  said  for  the  probabilitr  of  these 
views,  they  are  at  best  conjectural,  fhus  much 
seems  at  any  rate  clear,  that  the  rites  are  those 
of  a  primitive  pastoral  tribe  occupying  at  first 
the  Palatine,  and  that  they  were  understood  to 
bring  fertility  and  security  not  merely  of  flocks, 
but  of  the  whole  people :  for  the  running  round 
the  pomoerinm  is  clearly  meant  to  include  the 
whole  existing  state. 

While  (probably)  the  most  ancient  festival  of 
Rome,  it  was  also  the  festival  which  lasted 
longest.  We  find  it  celebrated  in  the  5th  pentury, 
apparently  with  the  approbation  of  the  Emperor 
Anthemius  (Gibbon^  vol.  iv.  p.  28 IX  uid  finally 
prohibited,  A.D.  496,  by  Pope  Gelasius,  who  is 
thought  by  some  to  have  ordered  the  Christian 
festival  now  held  on  February  2  (originally 
Februarv  14),  in  order  to  make  the  populace 
forget  the  pagan  rites  of  purification  connected 
with  that  month.  The  date,  however,  at  which 
this  Christian  festival  was  first  instituted  b 
not  quite  certain.  It  is  worth  noticing,  as 
bearing  on  the  significance  of  the  Lupercalia, 
that  in  these  later  times  popular  superstition 
Talued  them  as  piacnlar  rites  which  were  a  r^e- 
guard  against  pestilence.  This  seems  clear 
from  the  arguments  against  them  which  are 
used  in  the  letter  of  Gelasius  (see  Flenry, 
Histoire  Eooi€s.  zxx.  41).  In  addition  to  the 
authors  cited  in  the  article,  reference  may  be 
made  to  Marquardt,  Staatnerw,  iiL  442 ;  Preller, 
Sdm,  Mythd,  342  ff.  [W.  W.  F.J 

LUP£<RCI  were  the  members  of  a  very 
ancient,  perhaps  the  moftt  ancient,  corporation 
of  priests  at  Rome,  which  also  outlived  the  other 
institutions  of  the  old  Roman  religion.  An 
account  of  the  rites  which  they  superintended 
will  be  found  in  the  preceding  article  [Luper- 
calia]. As  regards  their  institution  there 
are  two  separate  legends ;  one  ascribing  their 
foundation  to  the  Arcadian  Evander  (Liv.  i.  5 ; 
Ov.  Feat,  ii.  423  ;  Plut.  R<mu  21^  the  other  to 
Romulus  and  Remus  (Ov.  Fast.  ii.  361 ;  Plut. 
L  c).  It  is  probable  that  both  are  untrue.  It 
seems  that  the  idea  of  a  Greek  institution  is  only 
an  attempt  of  later  times  to  connect  this  priest- 
hood with  the  worship  of  the  Greek  pastoral  god 
Pan.  They  were  said  to  be  priests  of  Faunus,  the 
Italian  deity  of  flocks  and  herds,  and  Evander  is 
perhaps  merely  a  translation  of  Faunus,  <Hhe 
favourer  *'  (see  Marquardt,  StaativenDalttmg,  iii. 
439).  It  is  probable,  as  Marquardt  points  out, 
that  the  connexion  with  the  legends  of  Romulus, 
though  much  older  than  the  Qrecising  legends,  is 
more  recent  than  the  institution  of  the  priesthood, 
and  arose  from  the  fact  that  the  neighbourhood 
of  the  Lupercal  was  connected  with  many  tradi- 
tions about  Romulus,  the  Ficus  Ruminalis,  Casa 
Romuli,  &c.,  and  also  from  the  compoiftid  lupus 
in  the  word  itself,  just  as  those  who  adopted 
Greek  tradition  found  an  argument  in  the  word 
A^KOuu  The  name  of  Faustulus,  it  is  to  be 
noticed,  in  the  Romulean  legends,  has  the  same  | 


meaning  as  that  of  Faunus.  We  can  have  ] 
doubt  that  the  priesthood  belongs  to  the  o 
tribal  settlement  on  the  Palatine,  and  de 
its  name  from  neither  of  the  above-menti 
legends.  Rejecting  many  improbable  de: 
tions,  such  as  luere-oapra  (Servius),  lupa-pct 
(Arnobius),  lues-paroere  (Unger)^  lupus^k 
(Schwegler),  we  may  adopt  as  the  most  Ii 
origin  of  the  name  Luperci,  that  w 
Mommsen  {Hist,  of  £ome,  i.  176)  and  Mai^n 
prefer,  lupm^rceo :  i.e.  **  the  protectors  oi 
flock  from  wolves.*'  The  priesthood  wm 
the  hands  of  two  collegia,  of  which  the  sot 
were  called  respectively  Luperci  Quincii 
(or  Qmndialas?)  and  Luperci  Fabiam,  or  m 
times  Quinctilii  and  Fabii.  In  other  vi 
originally  it  was  a  gentile  sacred  rite,  and 
in  very  ancient  times  under  the  exclusive  ch 
of  these  two  gentes,  although  that  attachn 
to  a  particuLur  gens  lasted  only  in  the  u 
and  was  retained  neither  in  respect  of 
members  nor  the  ox|;anisation.  So  far  as  regi 
the  second  collegium,  there  is  no  difiicuit; 
understanding  it  of  the  gens  Fabia  (cf.  Pro| 
V.  1,  26),  though  Unger  {Shmn,  Mus,  11 
pp.  50  ff.)  seeks  to  connect  the  name  i 
februare;  but  there  is  more  doabt  about 
signing  the  other  ooUegiom  to  the  gens  Qu 
tilia.  It  may  be  assumed  that  these  Lii|> 
ranked  before  the  Fabian;  for  this  prio 
of  rank  will  explain  the  legends  which  at 
bnte  ^e  Quinctilii  to  Romulna  and  tkeFi 
to  Remus  (Ov.  Fast,  ii.  373 ;  Vict,  de  0 
22),  and  the  name  might  bo  regarded 
fairly  settled,  if  we  could  satisfy  oorsel 
whether  the  Quinctii  or  the  Quinctilii  were 
older.  Mommsen  {HisL  of  Rome,  i.  51 ;  < 
Staatsrecht,  i.  560,  note)  and  Marquardt  (pp.  o 
take  the  Quinctii  to  be  the  old  gent, 
Quinctilii  a  later  introduction  from  Alba  ( 
which  the  authority  is  Dionya.  iii.  29) ;  i 
they  cite  also  an  inscription  (Orelli,  2233 
a  L  L,  vi.  1932X  «'lupercus  Quinctiaiis  vetfl 
and  the  coincidence  of  the  praenomeo  Ka 
belonging  to  the  QuinctU  and  Fabii  aloMy  i 
possibly  derived  from  the  thongs  with  vh 
the  Luperci  strike  (paedunt),  as  proving  t| 
the  name  should  be  Qmnctianus  or  Qv*^* 
from  the  Quinctii,  not  QmnctHianus,  as  tiio< 
from  the  Quinctilii.  We  have,  however,  on  J 
other  hand,  the  fact  that  Livy  (i.  30)  gi^^ 
the  opposite  account  to  Dionysius,  and  na 
the  Quinctii  come  from  Alba ;  and  that  { 
ancient  authorities,  except  the  inscription 
give  the  name  Quinctilii  or  Quinctiiiani  toJ 
priesthood.  We  can  hardly  therefore 
Mommsen's  view  as  proved  beyond  a  M 
We  shall  be  on  more  certain  ground  in  ai»t 
that  this  gens,  whether  the  Quinctii  ot\ 
Quinctilii,  exercised  the  priesthood  in  this ' 
ship  on  the  Palatine  for  the  Mtmtani,  an<^ 
them,  when  the  tribal  communities  «' 
mated,  were  joined  the  Fabii  for  the 
rites  on  behalf  of  the  CkMinL  (That  the  Fl 
gens  belonged  to  the  CoUini  is  shown  by 
having  their  sacra  gentilida  on  the  Qui' 
Liv.  V.  46,  62.)  Possibly  the  Fabii  used  oi 
ally  their  separate  sanctuary  on  this  hill  i« 
Lupercalia,  but  there  can  be  no  doubt  tt 
associated  worship  of  the  two  oolleffia  of  ti 
(as  afterwards  of  the  third  also)  wss  la^ 
Lupercal  on  the  Palatine — ^the  only  ^^i 


LUPUS  FEBBEUS 


LU8TEATI0 


101 


caTe  ID  the  western  angle  of  the 

PalttiDc,  tb«  aite  of  which  cannot  be  positiyelj 

HrDtiaed,  where  the  rites  in  the  festival  were 

ht^.  It  WIS  in  later  times  adorned  with  some 

Bu>seiirr,  perhaps  a  portico  at  the  entrance ;  for 

R  tf  «teted  in  the  inscription  of  Ancyra  that 

A^ttstns  rebuilt  it.    (See  Middleton's  Home, 

f.  .'>7 ;   Bom's  JRcmg  md  Campagna^  p.  156.) 

h\'tra  Csesar,  in  the  beginning  of  the  year  44, 

idd«i  a  third  corporation  of  priests  called  the 

l-q-tTzi  Jvlu  (Dio  Cass.  zliv.  6;  Snet.  JtU..76), 

K  J  assigned  to  them  rerenoes  which  the  senate 

iftcr  his  death  took  away  (Gc.  PhU.  ziii.  15, 32), 

i»i  of  this  ooUeginm  Antonins  was  magitter. 

Xhf  aaamption  from  this  is  that  each  of  the 

mWtpk  bad  its  own  magigter,  though  in   in- 

Kfifitions  we  find  only  **  magi:»ter  laperconim  " 

vithent  distinction.     The  word  tetna  applied  to 

I  htffrcn  (as  in  the  inscription  giren  above) 

Kr3»  no  doabi  that  he  belonged  to  one  of  the 

t*^  older  corporations.    The  members  (jtodakM, 

iralpoi)  were  ordinarily  of  the  equestrian  rank, 

nrflj  senators  (cf.  Mommsen,  8taat8rtchi,  1.  c.). 

I'aitr  the  Republic  they  were  probably  (like  the 

fpitrtt  Artak$)   ooopted   into  the   body,  but 

VemiDiieD  thinks  that  under  the  Empire  they 

vere  appointed   bj  the   emperor.    Some  have 

BBMTted  the  office   to  be  terminable,  on   the 

authority  of  two  inscriptions,  which  seem  to 

pT«  *^  hpercus  ttenam,"  ^  lupercus  ter  "  (C.  /.  X. 

ri.  49S;  2610),  but  the  wording  and  significance 

«;  thew  are  by  no  means  certain,  and  llarquardt 

Mieres  the  office  to  have  been  for  life  (as  was 

abe  the  office  of  the  Fratres  Arralee).    It  is 

aiie  qitttioDable  whether  this  priesthood  existed 

a  aar  Italian  town  except  Kome.     The  in- 

loiptkaa  found  in  Tarious  munidpia  perhaps 

ftcsrd  merely  the  names  of  men  who  belonged 

tB  ice  of  the  three  ooUegia  at  Rome,  and  who 

^t^t  the  title  in  their  new  domicile.    At  any 

ntt^,  we  hare  no  mention  of  the  festival  being 

^«li  aajwhere  but  at  Rome.    Of  the  manner  in 

^hek  the  functions  were   partitioned  among 

lu  diflereat  collegia  we  have  no  record.    For 

u  MCMuit  of  the  rites  which  they  celebrated, 

w  LuTBBCAUA.    (In   addition  to  the  works 

ated  abore,  reference  may  be  made  to  Preller, 

i-^^  Myth.  III.)  [G.  E.M.] 

lUPUS  FE'BBEUS,  the  grappling-iron  used 

^r  the  besieged  in  repelling  the  attacks  of  the 

^»g«r5,  and  especially  in  seizing  the  battering- 

'^  tttl  diTcrting  iu  blowa.    [Aries. J    (Liv. 

""li.  3 :  V»^et.  de  JU  MU.  ii.  25,  iv.  23.)  [J.  Y.] 

U'STEATIO  (/no,  to  purify),  called  by  the 

Ci  ^'a  aoAi^is,  is  a  term  which  covers  a  great 

'^Anetr  of  ceremonies  in  the  religions  usage  of 

tte  udcau :  of  these  only  the  most  remarkable 

A'^-i  best  attcrted  can  be  referred  to  in  this 

^^^^e.   It  should  be  remarked  at  the  outset, 

tut  ecRmooial  purification,  which  is  found  in 

*oc  shape  among   peoples   of    all   stages  of 

^^clcpmeDt,  may   be  traced  to  an  origin  in 

^'*  Mcesaitiea  of  bodily  ablution,  especially  in 

^fsexion  with  certain  well-marked  events  in 

tzsm  life,  sDch  as  birth,  marriage,  bloodshed, 

<J  bviftl.    There  gradually  follows  a  transi- 

*-^'*fnai  practical  to  aymbolic  cleansing,  from 

^***^  of  bodily  impurity  to  deliverance  from 

•^jmble,  spiritual,  and    at   Ust  moral  evir* 

^^y^:  ^rmOke  Cuiture,  ii.  388). 

Jul  transiUon  was  complete  by  the  time  at 

*<Jd  Greek  and  Roman  literature  enables  us  to 


become  acquainted  with  the  rites  of  this  kind 
practised  by  the  two  peoples ;  bat  the  primitive 
idea  may  be  often  noted  underlying  usages  which 
had  lost  their  original  meaning.  Cicero  reflects 
this  idea  in  the  following  remarkable  passage : — 
^  Caste  jubet  lex  adire  ad  deos,  animo  videlicet, 
in  quo  sunt  omnia;  nee  tollit  castimoniam 
corporis,  sed  hoc  oportet  intelligi,  quum  multum 
animus  corpori  praestet  observeturque,  ut  casta 
corpora  adhibeaatar,  multo  esse  in  animis  id 
servandum  magis;  nam  illud  vel  atperticnd  aquae 
vel  diernm  numero  toUitur;  animi  labes  nee 
diutumitate  evanescere  nee  amnibus  ullis  elui 
potest  '*  (cfe  LegUms,  ii.  10,  24). 

The  various  usages  of  lustration  may  con- 
veniently be  grouped  under  the  following  heada : 
— 1,  purification  necesaary  before  entering  holy 
placea;    2,  purification   from    blood-guiltinesa ; 

3,  purification  at  birth,  marriage,  and  death; 

4,  purification  of  houae,  land,  city,  or  people,  on 
certain  stated  occasions,  or  with  some  special 
temporarr  object. 

1.  Both  in  Greece  and  Italy  we  have  aufficient 
evidence  that  worshippers  could  not  enter  a 
temple  without  a  previous  symbolic  act  of  wash- 
ing. Even  before  engaging  in  ordinary  prayer 
this  was  proper,  as  may  be  seen  from  Homer, 
Od,  iv.  750  (cf.  77.  xvi.  228  ff.);  ^ut  in  temple- 
worship  it  was  indispensable.  At  the  entrance 
of  temples  were  placed  vessels  holding  pure 
water  (vcpippayr^pia),  in  which  the  worshippers 
dipped  their  hands ;  or  the  water  was  sprinkled 
over  them  by  a  whisk,  frequently  a  laurel- 
branch  (Bdtticher,  Baumkuitus  der  HelUneny 
p.  353 ;  Lncian,  Sacrif,  13  ;  Pollux,  i.  8).  Sea- 
water  or  spring-water  was  preferred ;  and  salt 
was  sometimes  added  to  fresh  water  (Theocr.  24, 
95).  Temples  were  usually  placed  near  running 
water,  for  convenience  (Bdtticher,  Tektonik  der 
Nellenen,  ii.  485).  In  Latium  the  word  deh*- 
brum  signified  the  space  before  the  temple  where 
this  purification  was  performed  (Serv.  ad  Aen, 
iL  225) ;  and  it  was  as  indispensable  as  in  Greece, 
as  may  be  clearly  seen  from  Livy  (xlv.  5,  4) : 
''Cam  omnis  praefatio  sacrorum  eos,  quibus 
non  sint  purae  manus,  arceat"  (cf.  i.  45,  6, 
where  the  prieat  of  the  temple  of  Diana,  on  the 
Aventine,  requests  a  Sabine  who  wished  to  sacri- 
fice there,  to  bathe  in  the  Tiber  in  the  valley 
below).  The  temples  themselves  were  no  doubt 
kept  pure  from  defilement  in  the  same  manner 
as  the  worshippers ;  for  we  find  that  the  Vestal 
Virgins  daily  sprinkled  that  of  Vesta  with  some 
kind  of  mop  (which  is  represented  on  coins)  and 
with  water  brought  from  the  holy  springs  of 
Egeria  or  the  Camenae  (ef.  Eur.  Ion,  101).  For 
farther  information  about  this  kind  of  lustration, 
see  K.  F.  Hermann,  Griech,  Alterihumer^  vol.  ii. 
sects.  19  and  23,  ed.  2 ;  Marquardt,  Staatsvervfol" 
hmg^  vol.  ili.  (ed.  2),  pp.  154  and  175. 

2.  The  notion  that  blood -guiltiness  could  be 
removed  by  symbolic  purification  was  not  appa- 
rently indigenous  in  Greece,  for  it  is  not  found  in 
Homer  (Grote,  Hitt.  of  Greece,  i.  21).  Miiller 
(Eumen.  §  53)  takes  a  different  view.  In  later 
times,  whether  the  murder  had  been  voluntary 
or  not,  it  waa  indispensable  (see  Lobeck,  Aghoph, 
968,  where  passages  are  collected) ;  and  is  fami- 
liar to  us  in  the  story  of  Orestes,  both  from  the 
Eumenides  of  Aeschylus  and  from  numerous 
painted  vases.  Herodotus  (i.  35)  tells  us  that 
the  KdBapais  of  the  Greeks  was  identical  with 


102 


LUSTRATIO 


that  used  by  the  Lydians,  whence  it  has  been 
inferred  that  the  Greeks  borrowed  the  idea  from 
Lydia ;  and  considering  the  strong  negative  evi- 
dence of  the  Homeric  poems  on  the  point,  it  is 
not  unlikely  that  the  practice  of  expiation  from 
blood-guiltiness  may  have  been  of  later  date, 
and  suggested  by  Eastern  inflnences.  There  is 
no  certain  sign  of  it  in  Roman  antiquity ;  the 
so-called  lex  regia  of  Numa,  quoted  in  Festua 
(221,  B.  ▼.  parnGidd)f  makes  no  mention  of  it ; 
and  it  would  seem  that  a  murderer  was  totally 
and  permanently  excluded  from  temple-worship 
(Liy.  xlv.  5,  S\  though  this  cannot  be  regarded 
as  fully  proved  by  the  evidence.  When  Ovid, 
in  the  well-known  lines,  "A  nimium  faciles 
qui  tristia  crimina  caedis  Fluminea  toUi  posse 
putetis  aqua  "  {Fastij  ii.  45),  refers  to  the  Greek 
belief  and  practice  as  based  on  a  delusion,  he  is 
perhaps  reflecting  not  only  the  opinions  of  edu- 
cated scepticism,  but  also  the  view  which  was 
natural  to  the  Roman  mind. 

3.  Purification  was  necessary  after  the  birth 
of  an  infant,  as  is  shown  by  the  Roman  expres- 
sion dies  lustricua  for  the  day  (the  ninth  after 
birth  for  a  boy,  the  eighth  for  a  girl)  on  which 
the  child  received  its  name  (Macrob.  i.  16,  36  : 
"  Est  autem  lustricus  dies  quo  mfanUs  lusirantw 
«t  nomen  accipiunt  *').  In  the  corresponding 
Athenian  rite  of  the  Amphidromia,  we  are  not 
informed  of  any  such  lustration,  except  that  the 
women  who  had  attended  at  the  birth  then 
washed  their  hands  (Suidas,  s.v.  iifi^i9p6fua) ;  but 
the  practice  of  some  form  of  baptism  is  so  uni- 
versal (Tylor,  Prim.  Culture,  ii.  389  ff.)  that  we 
may  be  justified  in  assuming  it.  At  marriage  the 
practice  of  lustration  is  clearly  seen  in  Greece : 
both  bride  and  bridegroom  bathed,  on  the  day 
before  the  wedding,  in  water  brought  from 
41  holy  sprine  (e,g.  Callirrhoe,  at  Athens),  to 
signify  that  tney  entered  the  married  state  in 
purity  (Pollux,  iii.  43 ;  Schol.  Eur.  Phaen,  349). 
So  at  Rome,  the  bride,  on  arriving  at  her  hus- 
band's house,  was  sprinkled  with  lustral  water 
{Festus,  p.  87),  and  her  feet  were  washed  (Serv. 
ad  Aen.  iv.  167).  In  Greece,  after  a  death,  all 
who  were  in  the  house,  and  all  who  subsequently 
came  in  contact  with  the  corpse,  were  contami- 
nated and  in  need  of  purification  {Odyss.  x.  481 ; 
Eur.  Iph.  Taw.  380),  and  a  cask  of  water,  called 
ko^iviovt  was  placed  outside  the  house  with  this 
object  (Pollux,  viii.  65).  Among  the  Romans  we 
find  the  same  ideas  prevailing  in  funeral  rites :  a 
day  was  fixed  on  which,  by  sacrifices  and  other 
ceremonies,  the  polluted  household  was  cleansed. 
This  was  called  "feriae  denicales  "  (Festus,  p.  70; 
cf.  Cic.  de  Leg,  iL  22,  25) ;  a  pig  had  been  pre- 
viously sacrificed  at  the  grave  (Cic.  U  c.)  to  render 
it  holy  ground. 

4.  From  the  illustrations  given  in  the  three 
preceding  paragraphs  it  will  have  been  seen 
that  the  idea  of  the  necessity  of  purification,  in 
the  simple  and  ordinary  sense  of  the  word,  and 
as  symbolised  chiefly  by  some  act  of  ablution, 
was  one  which  pervaded  the  whole  life  of  the 
individual  and  the  family,  both  in  Italy  and 
Greece.  The  words  KoBeupfiy  and  lustraref  how- 
ever, were  applied  to  a  great  number  of  other 
purificatory  rites  on  a  larger  scale,  and  occur- 
ring either  on  days  fixed  in  the  calendar  of 
religious  operations,  or  on  peculiar  occasions, 
which  concerned  certain  portions  of  land,  cities, 
or  a  whole  community  of  individuals.    It  is  by 


LUSTBATIO 

no  means  clear  in  all  these  rites,  how  far  tlj 
leading  idea  is  simple  purification,  or  expiatid 
for  some  crime  or  other  taint,  or  even  a  kiij 
of  dedication  to  a  divinity  for  the  purpose  i 
procuring  good  fortune,  e.g.  in  agriculture  \ 
in  war.  Doubtless  these  ideas  ran  into  eatj 
other,  and  were  not  clearly  distinguished  in  ii 
minds  of  those  who  took  part  in  the  rites  i 
the  time  when  we  first  become  acquainted  wit 
them.  A  few  examples,  of  which  the  mo\ 
instructive  are  the  Italian,  will  serve  to  shoi 
the  nature  of  the  rites,  and  to  give  some  idj 
of  their  object  or  objects. 

Of  extraordinary  purifications  of  this  kioj 
the  most  famous  in  Greece  were  :  1.  The  wo^ 
done  by  Epimenides  at  Athens  after  the  Cyloni^ 
massacre,  described  by  Plutarch  in  his  Life  \ 
Solon  (ch.  12;  cf.  Diog.  Laert.  i.  10,  3);  tl 
details  are  uncertain,  but  the  general  charact^ 
seems  to  have  resembled  that  combination  i 
actual  and  moral  purification  which  v^ 
wrought  on  the  worshippers  in  the  Gre^ 
mysteries.  2.  The  purification  of  Delos  by  t){ 
Athenians  in  the  year  426  B.C.,  with  the  objej 
of  releasing  their  own  city  from  the  plague  ail 
the  wrath  of  Apollo.  All  dead  bodies  we^ 
then  removed  from  the  island,  and  it  w^ 
decreed  that  neither  birth  nor  death  sbon) 
take  place  there  in  future  (Thnc  iii.  104] 
With  these  examples  may  be  compared  tl^ 
Roman  om&ur&nim,  which,  unlike  other  rites  i 
the  kind  at  Rome,  seems  only  to  have  beei 
celebrated  on  occasions  of  great  distress,  a^ 
for  example,  after  the  battle  of  the  Treb^ 
(liv.  xxi.  62,  7).  Victims  were  led  round  tbj 
city  wall  and  sacrificed,  accompanied  by  thi 
Pontifices,  Vestal  Virgins,  and  members  of  tbi 
other  priestly  colleges.  (Lucan,  L  592  S.\ 
Festus,  p.  5.) 

Of  regularly  recurring  lustrations  we  Bai 
the  best  examples  in  Italy ;  but  they  also  too 
place  at  Athens.  Every  meeting  of  the  Ecdesu 
was  preceded  by  a  lustration  (T*ptartd)t  when  w 
vtpurrlapxos  sacrificed  young  pigs,  which  wen 
afterwards  thrown  into  the  sea.  [EoCLESUj 
Vol.  I.  p.  699  6.]  Of  the  great  Athenian  M 
tivals,  some  at  least  had  the  object  of  pnn^ 
fication:  such  for  example  was  the  harres^ 
festival  of  the  Thargelia  (5t€  KoSalpowf'^ 
'ABfiwaun  rV  v'^^Xtv,  Diog.  Laert.  ii.  5,  23),  oB 
which  occasion  two  men  called  ^apfuucol  wen 
driven  out  of  the  city  as  KolOdpcta  (Harpocrsti 
8.  V.  ^)apfjMH6sy 

Of  parallel  rites  at  Rome  we  have  ©ort 
certain  information.  Sometimes  it  was  tw 
land  that  was  the  object  of  lustration,  whetbet 
the  land  of  a  private  owner  or  the  land  of  tb« 
state ;  sometimes  it  was  the  people,  whetbel 
brought  together  in  the  form  of  a  p«bl»c 
assembly,  or  in  the  form  of  an  army  or  nec^ 
Of  the  lustration  of  a  farm  we  have  an  a«»uD* 
preserved  in  Gate's  treatise  de  Be  Bustiea  (§  ^D- 
The  euovetaurUia  (offering  of  pig,  sheep,  and  ox> 
were  driven  round  the  fmn,  libations  offered  to 
Janus  and  Jupiter,  and  a  fixed  form  of  p»r^^ 
used  to  propitiate  Mars,  the  special  deity  of  tue 
agriculturist.  This  was  doubtless  the  origin" 
and  simplest  form  of  this  kind  of  Instratio,  tor 
we  find  exactly  the  same  ritual  applied  to  t&e 
land  of  the  state  on  the  29th  of  May  each  y^v 
in  the  Ambarvalia  [AmbarvauaJ  of  wnicn 
the  best  description  will  be  found  in  verg* 


LUSTBATIO 


LUSTBUM 


103 


<j€ar^  L  S46.  The  great  inscription  from 
igvrjam  in  Umbrifly  which  consists  of  exact 
rfguUlMOs  snd  formnlae  to  be  obserred  in  a 
(•rocauoo  round  the  land  of  that  dty,  offers  a 
fuallel  case  of  lustration  from  North  Italy, 
aad  a  more  mioate  description  of  the  kind  of 
ritnal  is  use  than  we  possess  from  any  other 
worce.  (See  Br^  TcJbUs  JSugubincs^  p. 
xeL  £) 

A  complete  lustration  of  the  whole  Roman 
feo(*l«  took  place  at  the  end  of  erery  luatnunf 
vaen  the  oenaor  had  finished  his  census  and 
before  h<  laid  down  his  office.  This  took  place 
n:  Ike  Ctmpiu  Martius,  where  the  people  were 
assembled  for  the  purpose.  The  sacrifices  were 
cAfried  three  times  round  the  assembled  multi- 
tusie,  as  in  the  Ambarralia  they  were  carried 
r>cnd  the  land  (Dionys.  HaL  iv.  22>  All 
hasaaa  armies  before  they  took  the  field  were 
Iratiated  (Dio  Cass,  zlrii.  38;  App.  IRst,  19, 
ADi  B.  C  !▼.  89) ;  and  as  this  solenmity  was 
(Tobably  always  connected  with  a  review  of  the 
troops,  the  word  Instratio  is  also  used  in  the 
fl«fi3e  of  the  modem  reriew  (Cic  Att,  t.  20,  2). 
Tse  rites  customary  on  such  occasions  are  not 
Befitioaedy  but  they  probably  resembled  those 
with  which  a  fleet  was  lustrated  before  it  set 
ail,  sad  vhich  are  described  by  Appian  (^B.  C. 
T.  96).  Altars  were  erected  on  the  shore,  and 
tJie  Tcsaels  manned  with  their  troops  assembled 
cktic  at  hand.  Silence  was  kept,  while  the 
piiests  carried  the  purifying  sacrifices  (icalidpa'ta) 
i&  boats  three  times  rotmd  the  fleet;  these 
acrifiees  vera  then  diyided  into  two  parts,  one 
of  which  was  thrown  into  the  sea,  and  the  other 
bsrst  on  the  altars,  while  the  multitude  prayed 
to  the  gods.  (Cf.  liv.  zzzru  42  and  uiz.  27, 
vkoe  Jso  a  prayer  is  recorded  such  as  generals 
as6l  on  these  occasions.) 

Tbe  eiamples  given  in  the  foregoing  account 

<re  to  be  taken  only  as  selected  illustrations  of 

« TCT  large  and  widespread  series  of  purifica- 

'<CTT  ritesw     There  were  indeed  few  religious 

eereaoDies  either  in  Greece  or  Italy  of  which 

«aw  kind  of  lustration  did  not  form  a  part ;  for 

d  tbe  simple  idea  of  purification  became  con- 

M<^  with  other  ideas,  such  as  fertilisation,  as 

Q  rites  of  qnring  and  summer,  or  the  averting 

«f  «til  from  a  community  and  its  property,  the 

t3*U  over  which  its  influence  extended  became 

ttatinoally  enlarged.    It  may  be  studied  in  the 

Ortd  Mysteries,  which  had  as  their  chief  object 

t^  renoval  of  moral  evil  from  the  minds  of  the 

vonhippen,  aimI  were  accompanied    by  pre- 

hwaaxTf  rites  of  a  purely  lustiml  character ;  in 

tae  Beechie  rites,  where  fire,  sulphur,  and  air 

VCR  ascd  as  means  of  purgation,  besides  water 

{Sm.adAm.  vi.  741);  in  the  Palilia  of  the 

B^nas,  where  the  flocks  and  herds  were  made 

V)  ym  through  the  fire,  as  a  means  both  of 

p3xi&cstaon  and  fertilising ;  in  the  Lupercalia  in 

tae  Booth  of  February,  which  was  the  special 

*<*»s  of  purification  (februum=an  instrument 

f  pBrifyiag) ;  in  the  singular  ceremony  of  the 

^^Ba  00  th«  Ides  of  May,  called  by  Plutorch 

"tb  greatest  of  the   purifications"   (Qwtnt, 

^  86X  snd  in  many  other  rites. 

^artides  on  the  festivals  above  mentioned 
*?  W  refierrad  to  for  further  information :  and 
*^  geneial  subject  of  lustration,  for  Greece, 
^l^tta,  Orieeh.  AUerthSmer^  vol.  ii.  sects.  19, 
'^vd  24;  for  Borne,  Marquwdt,  SkiaUvenpal- 


tung,  vol.  ill.  (2nd  edit.),  pp.  200  ff.,  and  Preller, 
Bdm.  MythoL  (3rd  edit.),  vol.  i.  419  ff.  [W.  W.  F.] 
LUSTBIGUS  DIES.  [Lubtbatzo,  p.  102  6.] 
LUSTBUM.     The  term  Itutrum  primarily 
meant  a  purification  by  sacrifice.  Varro  (X.  L.  vi. 
2)  explains  it  thus :  "lustrum  nominatur  tempus 
quinquennale  a  luendo,  id  est  solvendo,  quod 
qninto  quoque  anno  vectigalia  et  altrotributa 
per  censores  persolvebantur."    The  derivation  is 
probably  right,  but  the  explanation  is  wrong. 
Paul.  D.   120  savs,  ''Cum    ejusdem  vocabuli 
prima  syllaba  producitur,  significat  nunc  tempus 
quinquennale,  nunc  populi  lustrationem.*'     In 
the  regal  period  this  sacrifice  without  doubt 
had  been  one  of  the  duties  performed  by  the 
king  in  his  capacity  of   priest.      Thus    Livy 
(iv.  44)  represents  king  Servius  Tullius  as  cele- 
brating the  first  lustrum  in  566  B.a  when  ho 
had  completed  the  census.     ("Censu  perfecto 
edixit,  ut  omnes  cives  Romani  in  campo  prima 
luce  adessent.    Ibi  omnem  exercitum  suovetau- 
rilibus  lustravit:  idque  conditum  lustrum  ap- 
pellatum,  quia  is  censendo  finis  factus  est.  *) 
Under  the  early  Republic  it  was  naturally  per- 
formed by  the  consuls,  who  represented  the  king 
of  the  previous  epoch.    When  with  the  growth 
of  the  state  the  duties  of  the  consuls  had  Targelv 
increased,  and  it  was  found  neceasary  to  establish 
the  censorship  in  443  B.a  (or  435  B.C.,  according 
to  Mommsen),  the  duty  of  performing  this  rite 
devolved  on  the  censors.    The  latter  held  office 
not  from  hulrwn  to  /usfmm,  but  were  appointed 
at  intervab  of  five    years  [Censor].     They 
entered  on  their  office  in  April,  and  by  May  of  the 
following  year  they  had  completed  the  census 
and  their  other  duties.    They  then  celebrated 
the  lustrum^  without  which,  according  to  some, 
their   official    acts  were  devoid  of   authority 
(Mommsen,   Staatsr.  ii.   322).    The  lustration 
[LuBTRATio]  took  place  in  the  Campus  Martins. 
All  the  men  of  military  age  were  assembled 
there ;  thrice  round  them  were  borne  on  spears 
a  boar,  a  ram,  and  a  bull  (tuoveiauriiid),  which 
were  sacrificed  by  the  censors  to  Mars  for  the 
fulfilment  of  the  vows  made  by  the  preceding 
censors.    One  censor  at  the  same  time  offered 
fresh  vows  for  the  coming  years.    They  then  led 
the  whole  host  to  the  city  gate,  and  as  a  mark 
of  the  completion  of  the  ittstrum  drove  a  nail  into 
the  wall  of  a  temple  (that  of  Mars  Ultor  since 
the  2nd  century  B.a),  and  then  deposited  the 
new  register  of  the  citizens  in  the  treasury. 
After  this  the  censors  immediately  laid  down 
office.    From  the  fact  that  the  lustrwn  took 
place  (as  a  rule)  everv  fifth  year,  the  term  was 
likewise  applied  to  the  period  of  five  years  pre- 
ceding.   The  solemn  rite  was  thus  regarded  as 
completing  this  qumquenniwn,  and  hence  the 
term  condere  hutrum  was  used  to  describe  it. 
But  though  it  was  usual  to  hold  it  every  five 
years,  its  celebration  was  by  no  means  invaria- 
ble.   Sometimes  the  rite  was  omitted  on  religious 
grounds,  as  we  learn  from  Livy,  iii.  22  :  "  Census 
actus  eo  anno,  lustrum  propter  Capitolium  <^p- 
tum,  consulem  occisum,  oondi  religiosum  fuit " 
(cf.  Livy,  xxiv.  43),  and  probably  from  other 
causes  likewise;    for  the  Fasti  CapitoUni,  in 
whidi  are  entered  the  censors,  and  the  letters 
L  F  attached  to  the  names  of  those  who  com- 
pleted this  rite,  show  that,  although  the  cus- 
tomary interval  was  five  years,  not  unfrequently 
six  and  seven  years  elapse,  or  sometimes  only 


104 


LYCAEA 


four  between  each  celebration.  According  to 
Livy  (x.  47),  i&  the  period  between  the  lirst 
appointment  of  censors  (443  or  435  B.O.)  and 
294  B.a,  there  had  only  been  twentj-iiz  pain 
of  censors,  and  only  twenty-one  lustra.  In  later 
times  the  ceremony  was  probably  simplified. 
Cicero  (da  Or,  ii.  66, 268)  says,  **  lustrum  condidit 
et  taurnm  immolavit."  The  last  celebration  of 
a  lustrum  took  place  under  Vespasian,  74  A.D. 

From  the  interval  between  the  lustra  being 
usually  five  years,  the  term  Itatrum  came 
gradually  to  be  used  as  a  general  expression  for 
a  period  of  five  years.  But,  according  to  the 
Roman  method  of  computation,  the  phrase  guinto 
quoque  anno  might  mean  every  four  years.  Thus 
Cicero  (de  Or,  iii.  32,  127)  calls  the  Olympic 
festival  ^maxima  ilia  quinqueunalis  celebritas 
ludorum."  Thus  likewise  the  Roman  priests  in- 
terpreted the  quarto  quoque  anno  of  the  Julian 
Calendar  as  meaning  every  three  years  (Macrob. 
i.  14,  1).  Hence  from  the  earliest  times  there 
would  be  a  vagueness  in  the  use  of  the  term.  In 
the  writers  of  the  Augustan  age,  who  commonly 
use  lustrum  in  its  general  sense,  we  find  its  use 
fluctuating.  Ovid,  for  instance,  uses  it  for  a 
period  of  five  years  {Amor,  iii.  6,  27  :  *'  nondum 
Troia  fuit  lustris  obsessa  duobus  ").  In  Fasti, 
iii.  119,  he  uses  it  in  the  same  sense  when 
describing  the  year  of  Romulus  ("mensibus 
egerunt  lustra  minora  decem  "),  but  in  the  same 
poem  (1.  165)  where  he  is  explaining  the  Julian 
year  and  the  intercalation  of  the  dies  bisse.ctus 
(''hie  anni  modus  est:  in  lustrum  accedere 
debet  quae  consummatur  partibus  una  dies"), 
lustrum  must  mean  a  period  of  four  years. 
Again,  from  IVist,  iv.  10,  96,  and  Epp,  ex  Pont. 
iv.  6,  5,  we  find  that  he  identifies  the  Roman 
lustrum  with  the  Greek  Olympiad  ("  in  Scythia 
nobis  quinquennia  Olympias  acta  est :  jam 
tempus  lustri  transit  in  alterius "),  just  as 
Polybius  (vi.  13)  uses  ircyracnypls  to  translate 
the  Latin  lustrum.  The  later  writers  seem  to 
use  it  only  as  a  period  of  four  years.  Pliny 
(i7.  N,  ii.  §  47)  twice  uses  it  of  the  four-year 
Julian  cycle.  We  also  find  on  inscriptions  the 
intervals  of  four  years  between  the  Capitoline 
games  instituted  by  Domitian  described  as  Itu- 
tra;  and  Censorinus  (18),  when  defining  the 
lustrum  or  annus  magnuSj  ^eems<  unaware  that  it 
ever  differed  from  the  Olympiad,  or  denoted  any 
other  period  than  four  years.  [\V.  R.] 

LYCAEA  (X^icaia),  a  festival  celebrated  by 
the  Arcadians  in  honour  of  Zeus  Avkcuos  on 
Mount  Lycaeus.  The  account  given  by  Pau- 
sanias  (viii.  38)  is  that  it  was  founded  by 
Lycaon,  son  of  Pelasgus,  and  that  besides  the 
games  (of  which  we  have  no  particular  account) 
there  was  a  sacrifice  to  2^us  of  a  child,  whose 
blood  was  poured  over  the  altar,  after  which 
Lycaon  himself  was  turned  into  a  wolf,  and  he 
records  the  tradition  that  ever  after  at  the  annual 
festival  a  man  was  turned  into  a  wolf  for  a 
period  of  ten  years,  or,  if  he  tasted  human  fiesh, 
for  life.  (Pans.  viii.  2 ;  cf.  Angustin.  de  Civ.  Dei, 
xviii.  17.)  It  is  not  improbable  that  these  wehr- 
wolf  stories,  however  ancient,  are  a  perversion 
of  something  older  still  from  a  false  connexion  of 
the  name  with  \iSKoi,  and  similarly  that  the 
references  to  the  sacrifice  as  a  rite  of  the  pastoral 
Arcadians  as  a  protection  against  volvesy  like  the 
Roman  Lupercalia  (cf.  Plut.  Caes,  61),  &c.,  are 
equally  illusory.     It  is  more  likely  that  the 


LYRA 

name  of  the  mountain  belongs  to  the  root  Av;; 
"  light,"  as  in  the  Attic  hill  Avac^^irvTof,  witli 
which  we  may  compare  many  mountain  namti 
of  other  countries,  such  as  the  Strahikom.  Tbes« 
names  come  from  the  fact  of  the  mountain  peak 
catching  the  sunlight  first  and  retaining  it  last 
It  is  a  remarkable  coincidence  that  Pausanias, 
speaking  of  Lycosura,  the  town  founded  by  Ljcaoq 
on  the  Lycaean  mountain,  which  he  odls  tbe| 
most  ancient  in  Greece,  uses  the  phrase  jcol  ravr^i^ 
clBcy  6  ^\tos  wp^inip.  In  accordance  with  tbi^ 
origin  of  the  name,  the  worship  was  the  earliest 
Pelasgian  worship  of  Zeus,  represented  by  nd 
statue,  but  dwelling  in  light  on  the  summit  oi 
the  Lycaean  mountain,  where  was  the  altar  oi 
human  sacrifice  on  the  highest  pointy  with  tvQ 
pillars  standing  eastward  of  it  surmounted  iu 
later  times  by  two  golden  eagles.  Below  tb« 
altar  was  a  grove,  which  no  man  might  enters 
where  it  was  believed  that  no  shadow  could  fall, 
and  in  the  grove  the  holy  spring  'Ayiw,  iu 
which  the  priest  in  time  of  drought  dipped  sd 
oak-bough  after  sacrifice.  (Pans.  viii.  38.) 
The  sacrifice  was  particularly  connected  witfai 
prayers  for  rain ;  and  it  is  probable  that  bumai^ 
sacrifices  were  retained  to  a  late  period.  Paa<H 
sanias  does  not  mention  their  discontinuance, 
and  says,  M  ro&rov  rou  fimfwv  rf  AvKoi^  Ail 
Ovoviruf  4y  iiropfrlrnp,  woKuwpajfunnia'ai  th  off 
ftoi  rdk  is  tV  Ouifiajf  ^86  ^k,  4x*^^  '^  ***  ^X*^ 
Kol  &s  iirx^P  H  ^X^'  *^^  contests  seem  to 
have  included  horse-races  and  foot-races ;  for 
Pausanias  mentions  in  front  of  the  grove  of] 
Pan  on  the  same  mountain  inr69pofios  nal 
ffrdJUiop,  where  at  one  time  the  Lycaean  festiral 
was  held.  [G.  £.  M.] 

LYCEUM.    [Gtmnasium.] 

LYRA  (Lat  Jides),  a  lyre,  the  chief  stringed 
instrument  used  in  Greek  music.  Two  main 
varieties  are  known  to  us  from  ancient  art  and 
literature,  viz.  the  lyre  (X^pa)  properly  so 
called,  and  the  cithara  (luSdpa), 

The  distinctness  of  the  lyre  and  the  cithara 
mav  be  shown  from 
Plato  {Sep.  iii.  p. 
399  D,  Xiipa  H 
coi,  ^y  d*  4y^, 
ical  KiBdpti  XcfircTcu 
jrar^  w6\Mf  Xfh" 
ffiiio^t  and  from 
Aristotle,  who  ex- 
cludes the  cithara 
from  education 
(Poi.  viii.  6  =  p. 
1341,  18,  ol^c  ykp 
abXohs  CIS  ircuSe^oy 
ijcriow  oUt*  &\Xo 
T^xyifchif  Hpyayoy, 
oloy  KiOdpay  K&y  cf 
Ti  roiovroy  Zrfo6p 
iirny),  Mytho- 
logists  generally 
taught  that  the 
cithara  was  in- 
vented by  Apollo^ 
the  lyre  by  Hermes 
(Pans.  V.  14,  8). 
The  difierence  be- 
tween the  two  in« 
struments     seems  j^^^   (BIsncfainL) 

to    be   sufficiently 
ascertained  from  the  representaticns  of  tbeo 


LYRA 

ixai  00  todent  monniDenti,  especially  painted 
Ttmtf  OQ  vkich  two  well-marked  types  can 
be  traced.  Oiie  of  these  answers 
closelj  to  the  description  which 
the  author  of  the  Homeric  hymn 
to  Hermes  gives  of  the  lyre 
UTented  by  the  youthful  god 
(if.  Merc  41  E).  The  lower  part 
or  body  of  the  instrument  consists 
of  a  tortoise-shell,  or  of  a  wooden 
case  in  which  the  original  tortoise- 
shell  is  more  or  less  faithfully 
___  #0^  reflected.  In  this  shell  are  fixed 
■id  KoDcr.)  two  curved  arms  (v^x'^)  ®^  horns, 
joined  at  the  upper  end  by  a  cross- 
btr  ({vyUy,  The  strings  pass  from  the  shell, 
rrcr  s  bridge  or  fret  of  reeds  (S^JMUccf),  to  the 
ivyiw.  Tbe  instruments  of  the  other  type  are 
Ur^er,  sod  show  a  decided  advance  in  point  of 
aiatraction.  The  shell  is  replaced  by  a  wooden 
aw,  usually  square  or  angular,  and  instead 
{■{"horns"  we  find  the  sides  of  the  case  pro- 
loo^cd  upwards,  so  that  the  whole  frame- 
work sets  as  a  resonance  box  of  considerable 
fovtf.  Now,  it  is  clear  from  the  evidence  of 
the  oMQuments  that  the  first  of  these  was  the 
:&struiwnt  of  education  and  of  every-day  life  ; 
vhilc  the  second  was  the  '*  technical  instrn- 
n^nt,"  seen  in  the  hands  of  professional  players 
(oAi^floO,  who  wear  the  long  robe  proper  to 
TDBsieal  contests  and  other  festival^  The  first, 
tiMrefore,  must  be  the  lyre,  and  im  second  the 
uthsra. 

The  early  history  of  the  lyre  and  cithara  is 

rtUcure.    In  Homer  we  find  a  stringed  instru- 

wat  oilled  the  ^6p/uy^,  used    especially    to 

tfc«mpany  singing  or  epic  recitation  (koiBlf). 

^'e  also  hear,  somewhat    less  frequently,    of 

tbe  ^$§pa :  but  there  is  no  trace  of  a  difierence 

^veen  them.    The  rerb  popiU(w  is  used  of  the 

K^l^ff  ((ML  L  15H-i:>5);   and  conversely  we 

hi  the  phrase  ^pfuyyi  KiBaptftuf  (77.   xviii. 

^9).    The  word  Kipa  is  poet-Homeric:  it  oc- 

nn  osee  in  the  Hymn  to  Hermes  (1.  423),  but 

'^Ms  not  seem  to  have   been  in  common  use 

W«Tc  the  time  of  Pindar.     It  is  worth  noticing, 

u  I  eoasequence  of  the  comparatively  late  date 

«f  the  wordy    that    the    derivatives    \vplCm, 

^itfT^s,  Lc^  are    unknown    in  good  Greek, 

*^{m  sad  «0afi0T^f  being  always  used  of 

^  Irre  sad  cithara  alike;  just  as  x^^'^Sy 

'broczc-snuth,**  was  applied  to  workers  in  iron 

u  well  s»  in  the  older  metal.    It  would  be  rash, 

^erer,  to  infer  that  the  Homeric  instrument 

nttsbitti  the  cithara    rather   than  the  lyre. 

^e  luj  toppoae  that  the  later  form  of  the 

athsnwss  developed  gradually,  retaining  the 

erigiDAl  name,   which   therefore    included    all 

^vietici,  until  the  new  word  \6pa  came  into 

^t^e  for  the  commoner   and  more  primitive 

^>cl   The  suthor  of  the  Hymn    to   Hermes 

n^'^Ms  only  one  form,  that  of  the  lyre,  to 

«b:h  he  applies  the  terms  KiBapis  and  ^pfuy^ 

M  «elL   The  identity  of  the  KtBapts  and  the 

iTTt  is  also  maintained  by  Aristoxenus,  the  pupil 

•f  Ahstotle  (Ammon.  de  cUff.  Toe.  p.  82,  ict$apts 

^  Vy<^  *  xtBapis  ydp  ^<my  ri  Kvpa  k.  r.  X.). 
Raiding  the  original  number  and  tuning 
■^theitrii^  contradictory  accounts  were  cur- 
^^  According  to  one  statement  in  Diodorus 
(*-  l^)t  Hermei  was  the  author  of  harmony 


LYBA 


105 


of  sound,  and  in  that  character  invented  a 
lyre  with  three  strings,  answering  to  the  three 
seasons.  The  same  author  elsewhere  (v.  75) 
says  that  Hermes  invented  his  |yre  in  place 
of  the  cithara,  which  Apollo  had  laid  aside  in 
remorse  for  his  cruelty  to  Marsyas.  According 
to  the  Hymn  to  Hermes  (1.  51)  the  primitive 
lyre  was  one  of  seven  strings : 

On  the  other  hand,  the  increase  of  the  number 
of  strings  from  four  to  seven  appears  to  be 
claimed  by  Terpander,  in  two  lines  attributed  to 
him: 

<roi  ft'  iiiUtt  rrrp^yiMnn'  ««ooT^p{dyrcc  imM» 

A  different  account,  however,  is  given  by 
Aristotle  {Probi,  xix.  32),  where  he  touches  on 
the  question  why  the  interval  of  an  Octave  ia 
not  called  $('  6ktv  (as  a  Fourth  is  8«^  rco-o-dlpofy, 
a  Mflh  Ztii  wdtnt).  He  suggests  by  way  of 
answer  that  the  scale  was  formerly  one  of  seven 
notes  only,  saying  that  Terpander  left  out  the 
note  called  rpfri},  and  added  the  wiirv  At  the 
upper  end  of  the  scale  (the  octave  of  the  fiirdn;, 
or  lowest  note).  If  this  account  is  the  true  one, 
what  Terpander  did  was  to  raise  the  scale  to  the 
compass  of  an  Octave,  but  without  increasing 
the  traditional  number  of  strings.  However 
this  may  be,  the  comparative  antiquity  of  a 
scale  of  at  least  seven  notes  is  proved  by  their 
names.  The  following  are  the  notes  of  the 
central  octave  in  the  later  system,  with  the 
modern  notes  which  show  the  intervals  on  the 
diatonic  scale : — 

e  Menif  lit  **  uppermost,**  our  "  lowest  '*  note. 
/  vapvrdn},  *'  next  to  inrini,** 
g  \ixaif6st  *'  forefinger  *'  note, 
a  fiiffTi^  ^  middle  "  note. 

0  rpirti^  third,  viz.  from  the  i^n|. 

d  wapatrttTfi, 

e  rfrnif  for  rcdni,  " lowest,"  our  "highest." 

Of  these  names  there  is  only  one  that  is 
admittedly  later  than  the  rest,  viz.  wapa/icoi;, 
which  probably  dates  from  the  time  when  the 
heptachord  of  Terpander  acquired  an  eightli 
string,  and  consequently  a  complete  diatonic  scale 
of  the  compass  of  an  Octave.  If  we  may  trust 
a  passage  quoted  from  Philolaus  (Nicom.  p.  17), 
the  gap  then  filled  up  was  not  that  between 
fiitni  and  rpfni.  Philolaus  gives  the  name 
rpfra  (he  writes  in  Doric)  to  the  later  wapafA^anif 
the  note  which  was  a  tone  above  the  fi4aii. 
The  change,  therefore,  consisted  in  insei-ting  a 
note  half  a  tone  above  the  rpfni  of  Philolaus, 
which  new  note  then  became  the  ^  third,"  and 
made  it  necessary  to  find  a  new  name — ttapofiimf 
— for  the  old  rpfri).  But  the  language  of 
Aristotle  himself  (PrD6/.  xix.  7,  32,  47)  shows 
that  the  exact  steps  of  this  progpress  were  no 
longer  known.  According  to  Nicomachus,  the 
eighth  string  of  the  scale  was  added  by  Pytha- 
goras. Probably,  however,  this  is  a  mere 
inference  from  the  Pythagorean  discovery  of  tbe 
numerical  ratios  on  which  the  musical  intervals 
— the  Octave,  Fifth,  Fourth,  and  Tone — are 
based.  Another  notice  (Booth,  de  Mus.  i.  20> 
attributes  the  improvement  to  a  certain  Lycaon 
of  Samos. 

The  lyre  was  originally  played  without  the 


106 


LYBA 


aid  of  a  pleetTum;  and  «a«h  ■tring  mgdu  to 
haTe  bccD  Mooded  bj-  ■  particukr  finzer. 
Tha<  tbe  XiX"»*»  O""  "  forefinger  "  w«  lo  called, 
aecording  to  NicomBohni  (p.  22),  became  it  wbi 
■onnded  bf  the  forefinger  of  tbe  Ull  hand.  It 
followi,  u  ban  been  pointed  oat  bj  Gevaert 
^iL  p.  254),  that  tbe  left  hand  wu  nied  for  tbe 
lower  telriehord,  and  that  the  little  finger  hib 
not  uaed  to  tooch  tbe  etringi.  When  the 
plectrum  came  into  nae,  it  wu  held  in  tbe  right 
Wd,  and  iierbape  w»e  »peci»lly  employed  for 
the  air,  while  the  »fteT  toaa  prodaced  by  the 
fingen  of  the  lell  hand  terved  for  the  accompaai- 
msnt.  Thii  it  luggeited  (though  h;  no  meant 
proved)  by  the  epigram  of  Agathiie  (Anih.  fal. 
xL  352)  quoted  by  Oevaert : 


Hie  phrnomenoD  here  referred  to  ii  the  "lym- 
pathy"  by  irhich  a  eoandiog  body  eidtei  thi 
vibration  ofanolhernhaecnote  i>  in  naiion  with 
it,  or  with  one  of  ite  harmomce. 

The  iaTea.4tringed 
lyre  wai  etill  in  n>e 
in  the  time  of  Pindar, 
nnleu  we  lappoae 
the  epitheU  iw- 
(PytA.  2, 
TO)  nnd  hndyKn/rirai 
(AVm.  5,  24)  are  dne 
to  mere  poetical  tra- 
dition. On  the  other 
band,.wa  are  told  that 
Laaua  of  Hermione, 
who   wa«    an    older 


notee,    by   which   he 

broke  np  (Mpp^„} 

the      eiiating     gcale 

-   (Plot   Jfw.   CO.    29, 

'7iw^5SS|™ta'^     30).Apa.«.geqnot«i 

Wlab*U^>M£.}  by    Plotarch    (I.  c) 

from  tbe  comic  poet 

Phelecratei  denonncei  a  aeriei  of  aimilar  inoo- 

Taton — Melanlppidet,    Phrynii,    Cineaiai,    and 

^     "y  ■nmotbene  of 


Jlrw^ 


rynii,  Cini 
finally  Tin 
Hlletut,  who 
raged  muiie  with  hia 
twelve  atringi."  The 
abject  of  the  addi- 
tional itrlngi  wemt 
to  bare  been  not  lo 
much  to  obtain 
greater  compasa  ai 
to  make  it  poseible 
to  combine  different 
model  or  kej-i,  per- 
hape  aleo  difierent 
genera  (eee  the  ait, 
Uuitca),  on  the  same 
initniment,  and  to 
pen  eaiilf  from  one 
to  another.  It  ii  the 
"multiplicity  ofkeji 
or  ecalea"  (woKiiap- 
—  fWrla)  which  ii  a1- 
waya  asMKiat«d  with 
"  mdUplicltjr       of 


MACELLUM 

■tringi "  (in?LVxopSia)  in  the  mindi  of  thoee 
who,  like  Plato,  regarded  luch  cbaugee  u 
dangeroiu  and  corrupting. 

It  ii  cbaracteriitic  of  the  Irre  and  the  dtbari 
that  the  atringi  are  all  of  the  lame  length,  >o 
that  the  difference  of  pitch  u  entirely  dne  to 
different  tfaickueai.  Id  thii  reipect  they  differed 
from  initrumenta  inch  ai  the  harp,  which  hare 
itringi  of  different  length,  and  again  fi-am  Ihcee 
in  which  the  length  of  tbe  Btring  ii  varied  bj 
the  player,  sa  in  the  cue  of  the  violin.  The 
woodcuti  above  ihow  the  method  of  holding 
the  lyre,  in  playing  with  the  right  hand  only 
or  with  both,  it  waa  aleo  played  aitting.  and 
mpported  on  tbe  knee*.  The  cilhara  wai 
held  in  the  lame  manner.  The  harp  type  wu 
represented  in  Greek  mniic  by  the  rplytiwar  or 
triangular  harp,  a  Phrygian  initroment,  with 
which  we  find  ai*>cialed  the  Lydian  ninrli. 
Both  are  condemned  by  Plato  {Btp.  iii.  p.  399) 
for  the  eiceuive  number  of  their  atriDgi.  They 
ire  alio  mentioned  together  in  a  fragment  of 
Sophodea,/r.  361: 


Tbe  jidyalif,  which  waa  cIokIj  akin  to  the 
mn-d,  wai  (0  caUed  From  the  bridge  or  fnC 
(liarrds),  by  which  a  atring  conld  be  divided  by 
the  player,  lo  aa  to  yield  a  higher  note.  It  hid 
twenty  atringe,  and  admitted  of  playing  the 
aame  tonee  i&iultaneouil]r  in  different  octarei 
(hence  called  /wrallfeiy).  This  ii  alu  ittri- 
bnVed  by  Ariatotle  iProil.  lii.  14)  to  ao 
inatrument  called  tbe  ^ivdnav  or  Phnenidan 
lyie.  The  most  perfect  of  nil  theie  instrnmenti 
leema  to  have  been  tbe  Arrronioi',  called  ifler 
iti  inventor,  Epigonui  of  Ambracia,  wbicb  hid 
forty  itringa.  besidei  theie,  we  hear  of  tbe 
Biffitrat,  which  ii  thought  to  have  been  nearly 
related  to  tbe  lyre,  alio  the  rd^a  nad  Iht 
crofi^i^ini  (Strab.  i.  p.  471).  Several  of  thtM 
namei  are  ooafesiedly  barbarona,  and  all  tht 
initmments  now  in  queition  lay  under  Iht 
impntation  of  being  more  or  tesi  alien  te 
genuine  Oreek  art.  They  evidently  eojoyeJ 
much  pDpnlarity,  but  were  never  regarded  at  of 
eqnal  dignity  with  the  lyre  and  dthara. 

(Compare  Carl  von  Jan,  De  fdSiut  Onm 
BeroUni,  1859 ;  Weatphal,  QeKhieUe  dtr  altn 
und  tnUtelalUrlichen  Maiii,  Breslin,  1B64; 
Qeeaert,  Hiiioirt  et  Th^OrU  de  la  Jlai«ivi  it 
fAntijaHi.Qxai,  1875-61.)  [D.  fi.  U.J 


M. 

KACELLUM  (t^onXla,  if^mAiSiri  *f^ 
ru^Muir),  a  proviiion  market  for  butiheie,  fi>'^ 
mongen,  ponlterera,  fmiterert,  and  cooftc- 
tionera:  eee  Ter.  Em.  ii.  2,  24,  "ad  macelloni 
ubi  advenimui  concurmnt  .  .  .  enppedimnj 
omnei,  cetarii,  linii,  ooqai,  &itoree,  piicatom 
(cf.  Plant.  Aul.  ii.  8,  3  ;  Hor,  Sal.  ii.  3,  -^'' 
Tpiil.  i.  15,  31).  Theie  provision!  were  fonaerly 
found  at  Rome  in  their  leparate  markeli— Ih" 
fomm  boarium,  piicatoriura,  olitorium  ;  hot  !" 
eonrenienee  the  market  wm  brought  tofttlxr   | 


ICACHAEBA 


HAGHINAE 


107 


in  tke  wiaeeUwnj  built  B.C.  179  to  the  north 
of  the  Fonun  (Fest.  s.  r.  maceiium),  Varro 
(L  L.  iT.  32)  and  Festns  ipeak  of  a  robber 
Bamamas  Macellot,  whose  hooae  was  demolished 
thai  1  market  might  be  established  on  the  site ; 
bet  it  must  be  confessed  that  the  storj  has  a 
fasptdons  appearance  of  growing  out  of  the 
osme  maeellum  Momanwn,  and  either  Curtius' 
reference  to  macto  {Greek  Etym,  338),  or  the 
iientificatton  with  the  Greek  fULccAoy  or  fuC- 
KtAXw  (which  Varro  himself  suggests  as  the 
ilteniatiTeX  maj  be  accepted  in  preference. 
The  latter,  which  seems  the  more  probable,  is 
eennected  with  the  word  maoeria,  a  roughly 
built  wall,  and  thus  macellum  may  be  assumed 
to  htTc  got  its  name  from  being  an  enclosed 
space.  With  this  agrees  Varro's  expression 
*'  aedificatns  locus  appellatus  macellum ; "  and  it 
iiad  booths  in  its  colonnade  (jnaoeihriae  iabemaef 
VaL  Max.  iii.  4,  4).  To  this  earliest  macellum 
we  jefer  Cic  pro  QuhU,  6, 25,  **  ab  atriis  Liciniis 
€t  faodbus  macelli."  The  atria  Lidnia  seem  to 
hare  been  auction  rooms  (of.  de  Leg*  Agr,  L  3, 
7)  near  the  forum.  The  Macellum  magnum 
was  in  the  aeeond  region  on  the  Gspian  hill,  and 
is  plsoed  by  some  at  S.  Stefimo  Rotondo,  it  being 
suggested  that  the  circular  construction,  with 
pillin,  is  planned  upon  the  old  market  buildings 
(Bom,  Some  and  CompagnOf  p.  221).  This  is 
pvielr  oonjectoral.  A  similar  rotunda  is  found 
on  a  coin  of  Kero,  with  the  inscription  ^  macel- 
lam  Aognsti "  (Eckel,  ri.  273).  The  Macellum 
Lrriannm  was  near  the  Porta  Esquilina  and  the 
Aieh  of  Gallienns.  It  is  probable  that  the 
macellom  of  B.C.  179  was  destrored  to  make 
rwm  for  the  forom  August!,  and  that  Augustoi 
built,  instead  of  it,  the  macellum  which  he 
sameii  after  Liria.  (See  Bichter,  ap,  Baumeister, 
Datkm.  p.  1534.)  To  the  maoella  the  cooks  would 
;o  to  boy,  and  the  less  wealthy  marketed  there 
for  themselres  (Juv.  zL  10).  The  salesmen  in  it 
w«n  ealled  maoellcaii  (Soet.  JtU,  26 ;  Vesp,  19). 
Jiliof  Caesar  tried  to  check  extravagance  by 
patting  the  macella  under  police  control,  and 
Ue  same  control  through  tne  aediles  was  at- 
teapled  by  Tiberins,  moved  apparently  by  the 
Ule  of  mullets  at  10,000  sesterces  apiece  (Suet. 
At 43;  215.34). 

Tlw  Athenian  provision  market  was  called, 
«s  a  general  term,  ^ovwAfa  (Athen.  p.  6  a); 
bat  more  frequently  we  find  the  different  depart- 
BKsU  el  Ix^tf  'T^  ^^w»  f^  lU^iro,  &c.,  which 
«cn  in  divisions  in  the  market-place  called 
•tKioi.  [Aqora.3  "^^  signal  for  a  sale  was 
fiTen  by  a  bell  ringing,  when  marketers,  cooks, 
^  flocked  there  (see  Mahaffy,  Social  Life  m 
Graw,  ch.  10).  [J.Y.]    [G.  KM.] 

KACHA£BA    (jidxBupa).     rcuLTE&;  Pu- 

GUl] 

MA'CHIKAE  (^i9x»«0  «^  OltGANA 
(IpTOv).  The  object  of  this  article  is  to  give  a 
^^  general  account  of  those  contrivances  for 
^  concentration  and  application  of  force  which 
^  known  by  the  names  of  inttrumeniSf  mechani' 
^  pnen,  machines^  engineSf  and  so  forth,  as 
^  were  in  use  among  the  Chreoks  and  Romans, 
**9^^aUy  in  the  time  of  Yitruviuii,  to  whose 
^'^  book  the  reader  is  referred  for  the  details 
'^^^labject. 

/^general  but  loose  definition  which  Yitru- 
^  gives  of  a  machine  (z.  1,  §  1^  ii «  wooden 

^'^ctorc,  having  the  virtue  of  moving  very  great 


weights.  A  machina  differs  from  an  organonf 
inasmach  as  the  former  is  more  complex  and 
produces  greater  effects  of  power  than  the  latter : 
perhaps  the  distinction  may  be  best  expressed 
by  translating  the  terms  respectively  machine  or 
engine  and  instrvmeni.  Under  the  latter  class, 
besides  common  tools  and  simple  instrumentSy  as 
the  plough  for  example,  Yitruvius  appears  to 
include  the  simple  mechamoal  powers^  which, 
however,  when  used  in  combination,  as  in  the 
crane  and  other  machines,  become  machinae. 
Thus  Horace  uses  the  word  for  the  machines 
used  to  launch  vessels  {Carm.  i.  4,  2),  which 
appears  to  have  been  effected  by  the  joint  force 
of  ropes  and  pulleys  drawing  the  ship,  and 
a  screw  pushing  it  forwards,  aided  by  rollers 
(^aAa77ffr)  beneath  it.  The  word  organon  was 
also  used  in  its  modem  sense  of  a  musical  instru- 
ment.   [See  Htdraula.] 

The  Greek  writers,  whom  Yitruvius  followed, 
divided  machines  into  three  classes, — the  (geniu) 
aoansorium  or  hKpofivrut6¥^  the  spiritale  or  wi^cu- 
fmrucdp  [Htdbaula],  and  the  tractorium  or 
/BopovAicoy,  according  to  the  most  probable 
reading,  for  moving  heavy  weights.  Some 
explanation  is  needed  for  the  gentu  scanaorium  or 
htcpofiarucStfy  which  has  been  much  discussed  by 
commentators.  Yitruvius  clearly  describes  the 
machina  which  he  thus  classes.  It  is  a  scaffold- 
ing formed  of  upright  poles,  fixed  in  the  ground 
with  cross  planks  tied  to  them,  and  the  **  catena- 
tiones  et  erismatum  falturae,"  which  he  men- 
tions afterwards,  are  no  less  obvioasly  the  ties 
of  sloping  supports  for  these  upright  poles.  It 
is  in  fact  such  a  scaffolding  as  may  be  seen  any 
day  for  building  purposes,  and  is  the  machine 
below  (No.  Y.)  on  which  Isidore  says  the  work- 
men stand  ''propter  altitndinem  parietnm."  It 
is  somewhat  of  a  puxzle,  when  Yitruvius  says 
that  it  differs  from  the  other  machinae  in 
respect  of  having  audacia  rather  than  ars ;  but 
he  probably  means  only  this :  that  a  verv  high 
scaffolding  may  cause  wonder  at  its  boldness; 
but  there  is  no  scientific  principle  in  it,  as  in 
the  other  classes  of  machinae,  which  are 
mechanical  powers.  It  must  be  confessed 
however  that  his  account  of  its  purpose,  **  ot  ad 
altitndinem  sine  periculo  scandatur  ad  apparatus 
spectationem**  (unless  some  such  alteration  as 
"  ad  parietum  structionem "  is  adopted)  cannot 
be  explained  in  a  wholly  satisfactory  manner. 
If  it  is  for  workmen  to  stand  on,  it  is  hard  to 
see  why  the  word  spectatio  is  used,  but  the  only 
explanations  offered  by  commentators — (1)  for 
seeing  theatrical  shows,  or  (2)  for  viewing  the 
enemy's  works  within  the  walls — cannot  satisfy 
us.  The  theatre  had  its  own  tiers  of  seats :  the 
words  sine  periculo  would  be  wholly  out  of 
place,  and  moreover  it  is  impossible  that  he 
should  have  so  used  apparatus  when  there  is 
nothing  in  the  context  to  explain  its  meaning, 
as  is  the  case  in  Cic.  ad  Fam.  vii.  1,  1.  The 
same  objection  must  prevent  us  from  adopting 
the  second  view,  for  there  is  nothing  whatever 
to  indicate  that  Yitruvius  is  speaking  of  militaiy 
affairs.  We  may  be  content  to  say  that  this 
class  of  machina  is  not  what  we  should  call  a 
machine  at  all,  i.e.  it  had  no  mechanical  power, 
bat  was  used  as  we  use  a  scaffolding.  The  in- 
formation which  Yitruvius  gives  us  may  per- 
haps, however,  be  exhibited  better  under  another 
classification. 


108  HACBINAE 

1.  SfteAanical  Eagitm. 

1.  The  Simptt  Mcchamcal  Po\cer>  wsre  kiiowD 
to  till  Greek  mtchaniciaai  from  ■  period  (arlier 

than  un  be  utigaed,  and  their  thtoriet  

completely  detnauitnted  bj  Archi- 
m*d«i.  VilruTiui  (i.  3,  a.  8}  di>- 
cuuei  the  two  modea  of  railing 
heaij  weight!,  by  ractSmear  (<C~ 
tfiiw)  and  circular  (uMiXwri)*) 
moUon.  H*  eipluoi  the  Hclion  uf 
the  leter  {ferreut  vtclii),  and  its 
three  difiennt  sorti,  accorJiag  to 
the  pMition  of  the  fulcrum  (bwaiU- 
X/^'ot),  and  tame  of  iti  appliciitiani, 
u  in  the  itrtlyard  [Stitera},  and 
the  (AH  aod  rnddrr-oart  of  a  >hip  ; 
■nd  allndei  to  the  phaciple  of 
tirlual  velodtitM.  The  mdined  plana 
a  not  ipoken  of  by  Vitruriui  u  a 
machina,  bat  iti  proptrliei  «a  lo 
■id  in  the  elevation  of  weight*  nre 
often  referred  to  by  him  and  other 
writera  ;  and  in  early  timea  it  vraa, 
donbtleaa,  the  aole  meana  b;  which 
the  great  bloeki  of  atnne  in  the 
upper  parti  of  baildinga  coald  ba 
tailed  to  their  places. 

Under  the  head  of  circnli 


which  again  the  weight,  which  ia  to  be  railed, 

ii  attached  by  Iron  gtapneli  (Jorficai),     In  thii 

caie  the  ihearei  in  each  block  are  dooble  (dupiuxa 

Id  oriicuJorwn).    The  two  portiou  of  the 


the  T 


I    fon 


of  n 


puaing    allnii 
neli 


plaHitra,  ndaa,  ti/mpiaia,  rutae,  codtae,  leor- 
pioaai,  batitlm,  prtia,  about  which  aee  the 
respectire  srticlei.  It  i>  worth  while,  alio,  to 
notice    the   methoda  adopted   by   Cheniphron 

and  his  ion  Metagenea,  the  architecEa  of  the 
temple  of  Artemii  at  Epbeiui,  and  by  later 
architect!,  to  convey  large  block*  of  marble 
from  the  qnarrie*.  by  aupporting  them  in  a 
cradle  between  wheeti,  or  encloeing  tbem  In 
a  cylindrical  framework  of  wood  (Vitruv.  i.  6, 
a.  2  ;  cf.  Biilmoer,  Ttchiulogie,  iii.  IS9  «.);  and 
■lao  the  accouDt  which  Vitruvioa  givea  of  the 
mode  of  meainriag  the  diatance  paiied  orer  by 
a  carriage  or  a  ihip,  by  an  initrument  attached 
to  the  wheel  of  the  former,  or  to  a  lorl  of 
paddle-wheel  projecting  from  the  aide  of  the 
latter  (c  9,  a.  14).  What  he  uja  of  the  jwJAiy 
will  he  more  coDTenientiy  atated  under  the  next 
head. 

2.  Campouad  3fi!<Aaniad  FoKtra,  at  Maehinu 
for  railing  heavy  ueigUt  (machinne  tractorioe). 
or  theaa  VitruTina  (i.  S-5)  deacribea  three 
principal  aorta,  all  of  them  CDDniatiog  of  a  proper 
erect  framework,  from  which  hang  pulleys.  He 
deacribea  the  different  kindi  of  pnlleyi,  according 
to  the  number  of  Mheaws  (orbiculC)  in  each  block 
(irocUa  or  recAamtu),  whence  also  the  machine 
received  apecjal  namea,  auch  a«  triipaitoi,  when 
there  were  t/iree  iheaiei  (aa  in  the  eipianatory 

upper;  and  pcntaspaitoM,  when  there  were  fve 
aheavei,  two  in  the  lower  block  and  three  In 
the  n;ipeT.  The  Greek  name  for  the  oxii  (oxi- 
cufu,  Vitrav.)  waa  /Jrn" 


hAnga(c)a  liied  pulley-block  ((roc/tn, TpD;^iAf n, 
Arlitoph.  Lyi.  722):  to  thia  the  funii  ductariva 
^d)  panel  from  the  lower  moTabfe  block  (e*),  to 


■  MKhlnaTiaclal*.  (BlflmuT,  Ikekti.  111.  Ac.  10.) 
funia  dnctariua  an  then  bitened  to  an  ailc  (c), 
with  (p)  a  wheel  (tympanim  or  rota,  wijirt^ 
Xur)  upon  it.  The  aockete  on  the  beam  which 
receiTe  the  pirott  of  the  axle  are  called  lAdonia 
(xtX^Hu).  A  leparate  rope  paaiing  ronnd  the 
tympanum  la  taken  back  to  a  cipatan  (rrgala, 
tpyaraniKaiSiiat),  which  ia  worked  roand  by 
leven  (leetBj).  Thia  well  eiplaina  Lucret.  ir. 
906: 

"  HolUqae  per  tmlaaa  M  trnpaai  pomlen  ma(H> 

Comrngvat  alqn*  la*l  anaMUt  macblna  maB." 

Sometimei,    however,    the    tympaunm   ia    of 

lu^r  aiu,   and   fa   moved    ai  ■  treadwkaat 

witbont  any  capatan  by  treaden  iiuide  it 


The  woifdcQt  above  la  from  a  relief  foamt  i" 
the  amphitheatre  at  Capna,  where  [t  bad  bito 
placed  by  the  redemptor  of  the  work.     It  Rpr^ 


■  the  : 


gofa 


lillar. 


Blui: 


.J  thinki 


inlltng-np*  '<• ''''  . 
axle  of  the  treadwheel  i»  left  to  the  imigi""' 
tion,  and  that  the  two  ropei  which  go  io  Ihtt 
direction  muit  be  the  lapports  of  the  beam:  bat 
pcrhapa  we  ihould  rather  take  the  lower  nf 
to  be  a  lingle  rope  from  the  pollpy  to  ll>' 
aile,  and  the  upper  rope  to  be  a  itay  of  'I" 
beam.  Titmviai  deacribea  alio  a  craoe  of  l^"  , 
power  which  ha*  lingle  aheavei  in  >Mh  btocti   I 


MACHINAE 


MA6ISTEB 


109 


lad  in  whicby  insteail  of  the  tympanum  and 
ftynta,  tkere  m,  fixed  bj  chehnia  to  the  beam, 
*ioipIj  a  windlass  (sueuia^  i^mif  or  ivos),  round 
viiicli  the  pvlling-rope  is  woand;  and  a  crane 
<i^  t  lingie  beam,  where  triple  funes  duo- 
tjrii  past  from  the  pulley-blocks  down  to  a 
it9d  horisotttal  pallej  (artemOf  iwAyw)  at  the 
face  of  the  beam,  and  are  palled  horizontallr 
^T  three  rows  of  men  without  windlass.  The 
Bschiae  is  then  called  a  polyMpattos,  This  crane, 
k  tsTi,  haTing  a  single  beam,  is  more  easily 
trutfershlCk  It  may  be  noticed  that  Pollux, 
I.  140,  ^eaks  of  a  mapKlpot  for  raising  stones ; 
Lflt  it  is  probable  that  the  Ko^icipos  was  strictly 
that  part  of  the  machine  abore  described,  which 
^Id  the  stone  =  Lat.  forfioes :  y4papos  (crane) 
ii  the  name  which  Pollux  (It.  130)  gires  to  the 
nschine  for  raising  actors  in  the  theatre.  (For 
further  description,  see  Bltfmner,  Technologies  ilL 
PPL  111*128.) 

U.  Umtary  Engmea,  (VitruT.  x.  15-22 ; 
Vcgetios  and  tlio  other  writers  de  He  MUitari  ; 
Alia;  Heixfoub;  Testuso;  Tormzmtum; 

TUBRV,  &C.) 

HI.  TkeaMoai  Jtachinei,    (Theatbuh.] 
IV.  HgdrmOic  JSnginee. 

1.  Conwyanor  owl  deiwery  of  water  through 
fipes  and  ckanmeU.  [AQUAEOUCTU8 ;  Emu- 
SABiux ;  Fbtuul  ;  FoKS.]  It  has  been  shown, 
uatkr  the  articles  referred  to,  that  the  ancients 
veil  knew,  and  that  they  applied  in  practice,  the 
hydrostatic  law,  that  water  enclosed  in  a  bent 
pipe  rises  to  the  same  lerel  in  both  arms.  It 
al'io  appears,  from  the  work  of  Frontinus,  that 
they  were  acquainted  with  the  law  of  hydraulics, 
that  the  quantity  of  water  delivered  by  an 
m&ot  in  a  giren  time  depends  on  the  size  of  the 
«nftee  and  on  the  height  of  the  water  in  the 
Rsemnr;  and  also,  that  it  is  delivered  faster 
thrmigh  a  short  pipa  tiian  through  a  mere  orifice 
ef  equal  diameter. 

2.  Maaimee  for  raieing  water.  The  ancients 
<iui  Dot  know  enough  of  the  laws  of  atmospheric 
pRsrare  to  be  acquainted  with  the  common 
sukiDg  pump ;  but  they  had  a  sort  of  forcing 
punp.  [Ceebibica  Machika.]  For  raising 
water  a  small  height  only  they  had  the  well- 
bMvn  screw  of  Archimedes,  an  instrument 
vUch,  for  this  particular  purpose,  has  never 
^een  surpassed.  (Vitruv.  x.  11;  Coclea.) 
Bvt  their  pomps  were  chiefly  on  the  principle  of 
tfaeiein  which  the  water  is  lifted  in  buckets, 
t^«d  either  at  the  extremity  of  a  lever,  or  on 
the  rim  of  a  wheel,  or  on  a  chain  working 
Mvssn  two  wheels.    (Vitruv.  x.  9 ;  AirruA ; 

TrWAHUM.) 

3.  JfodUiies  til  which  water  i$  the  mooing 
fMcr.    (Vitmv.  x.  10 ;  MOLA.) 

4.  Other  applications  of  water,  as  to  the  mea- 
nifflwBt  of  time,  and  the  production  of  musical 
mods,  in  the  clepsydra  and  the  kydratdic  organ. 
(Vitniv.  ix.  5,  6,  x.  13;  HoBOiiOoiuac;   Hr- 

DtlULi.) 

V.  The  word  tnachina  in  Latin  also  signifies 
tW  scaiTolding  on  which  plasterers  or  masons 
v«Tk  (Piia.  XXXV.  §  120 ;  Dig.  13,  6,  5  and  7). 
Boiee  eiodUo  is  used  for  the  workman  (Isid. 
fr-  lix.  8,  2),  whence  the  modem  words  magon^ 


VL  In  Plin.  B,  N.  xxxv.  §81,  machina  is  a 
^noea^g  three-legged  easel  =  iitpifias  or  aeiA- 
Ai3e».  [P.S.]    [G.  E.M.] 


MAENIA'NUM  signified,  originally,  a  pro- 
jecting balcony,  which  was  erected  above  tho 
arcades  of  shops  on  the  south-west  of  the 
Roman  forum  and  overhanging  the  street, 
in  order  to  give  more  accommodation  to  the 
spectators  of  the  gladiatorial  combats,  by  the 
censor  C.  Maenius,  B.C.  318  (Festus,  s.  o.  p.  135, 
ed.  Mtiller ;  Isidor.  Orig.  xv.  3,  §  11) ;  and  hence 
balconies  in  general  came  to  be  called  maeniana. 
The  front  panels  of  the  balconies  were  painted 
bv  Serapioa  (Plin.  H,  N.  xxxv.  §  113).  Many 
allusions  to  such  structures,  and  to  the  regula- 
tions which  were  found  necessary  to  keep  them 
within  due  bounds,  are  found  in  the  ancient 
writers  (Cic.  Acad,  ii.  22,  70;  Non.  p.  83,  s.  65, 
Miill. ;  Sneton.  Calig,  18 ;  S'itruv.  v.  1 ;  Val. 
Max.  ix.  12,  §  7 ;  Cod.  Just.  viii.  2,  20,  10,  11, 
xliii.  8,  2,  §  6 ;  1.  16,  242,  §  1 ;  Amm.  Marc 
xxvii.  9,  10).  From  these  passages  it  appears 
that  as  they  were  inconvenient  in  narrow  streets, 
the  praefectus  urbis  in  368  A.D.  enforced  older 
laws  against  their  construction,  and  the 
emperors  Theodosius  and  Honorius  extended 
the  prohibition  so  as  to  include  provincial  towns 
as  well  as  Home,  unless  there  was  a  space  of  at 
least  ten  clesr  feet  between  the  opposite 
maeniana.  (See  also  AuPHrrHSATBUM,  Vol.  I. 
p.  112;  Cancelli;  and,  for  a  drawing  of  a 
maenianum,  DOMUS,  Vol.  I.  p.  666;  Bum's 
Borne  and  CampagnOf  p.  90 ;  Becker-GSll,  Oattusy 
ii.  288.)  [P.  S.]    [O.  £.  M.] 

MA6ADI8.    [Ltba,  p.  106.] 

MAGI8TER,  which  contains  the  same  root 
as  magpie  and  mag-nus,  was  applied  at  Rome 
to  persons  possessing  various  kinds  of  oflSces, 
and  is  thus  explained  by  Festus  (s.  v.  Magiate' 
rare) : — '*  Magieterore^  moderari.  Unde  magietri 
non  solum  doctores  artium,  sed  etiam  pagorum, 
societatum,  vicorum,  coUegiorum,  equitum  di- 
cuntur;  quia  omnes  hi  magis  ceteris  pos8unt." 
Paulus  (Dig.  50,  tit.  16,  s.  57)  thus  defines  the 
word :  ^  Quibus  praecipua  cura  rerum  incumbit, 
et  qui  magis  quam  ceteri  diligentiam  et  solli- 
citudinem  rebus,  quibus  praesunt,  debent,  hi 
magistri  appellantur."  The  following  is  a  list 
of  the  principal  msgistri : — 

MaQISTEB  ADinSBIONUM.     [Admibsionalbb.] 

Maoisteb  Abjcobum  appears  to  have  been 
the  same  officer  as  the  Magister  Militum. 
(Amm.  Marc  xvi«  7,  xx.  9.) 

MaOISTEB  AUCTIONIS  or  Bonokux.  [Bo- 
KO'EUX  EXPTIO.] 

Maoistbi  Auoustaleb  or  Labux  Auaus- 

TORUM.     [AUOUSTALES.] 

3f  AOI8TEB  BiBENDI.     [SyXPOSIUX.] 

*Maoi8T£B  a  Cbnsibub  (or  praeposilus  a 
oeneibua)  was  an  official  who  examined  the 
qualifications  of  persons  who  applied  to  be 
enrolled  among  the  knights.    He  is  sometimes 

*  It  should  be  noticed  tbat  these  private  offices  In 
the  Imperial  hoosebokl  were  In  tbe  earlier  Empire  dis- 
charged by  slaves  or  by  freedmen  (some  of  whom.  Nar- 
cissus and  Partbenios,  bad  exceptioDsl  official  rank) ; 
In  the  later  Empire  they  gradually  assumed  a  higher 
public  standing.  YltelUus  thus  employed  men  of 
cquestrtsn  rank  (Tk.  SUt,  L  68),  and  therefore  the 
sUtement  that  Hadrian  *'ab  epistulls  et  a  UbelUs 
primut  eqnites  Romsnoe  baboit"  (Spart.  Badr,  32)  Is 
not  oorrect ;  but  it  probably  marks  the  date  froax  which 
this  became  the  rule.  The  three  chief  departments  were 
a  rationQnu,  a  libdUtt  ob  epiMtoUi.  (See  for  a  Aill 
aooount,  Friedlander,  SUtengeachiehte,  U  pp.  61  ff.) 


110 


MA6ISTEB 


liAGISTBATUS 


connected  with  the  a  libeilitj  who  received  the 
application  in  the  first  instance.    [Equitss.] 

Maqisteb  CoLLEOn  was  the  president  of  a 
collegium  or  corporation.    [Collboium.] 

^Maoisteb  Epibtolaruh  (or  ab  Epistolis), 
a  prirate  secretary,  answered  letters  on  hehalt 
of  the  emperor.    (Orelli,  Inacr.  2352.) 

Maqisteb  Equitum.  [Dictatob,  Vol.  I. 
p.  633  bJ] 

MAQiffTER  Faki  in  coloniae  and  mnnidpia 
was  appointed  each  year  hy  the  duumyiri  of  the 
town  (one  for  each  temple  or  shrine),  to  arrange 
the  ceremonies,  sacrificia,  pulvinaria,  &c  (Lex 
Col.  Genet,  c.  128,  Orelli,  2218.)  They  wero 
equiTalent  t-o  the  Roman  aedUitms,  who  was  also 
called  magister  fani.  (Marqnardt,  Staataver' 
tecUtung,  iii.  215.) 

^Maoisteb  Libellobum  (or  a  Libellis)  was 
an  officer  or  secretary  who  read  and  answered 
petitions  addressed  to  the  emperors.  [Libellub, 
p.  57  a.]  He  is  called  in  an  ixucription  **  Magister 
Libellorum  et  Cognitionnm  Sacrarum."  (OlrcUi, 
/.c.) 

*Maoi8TEB  Memobzaz,  an  officer  whose  duty 
it  was  to  receive  the  decision  of  the  emperor  on 
any  subject  and  communicate  it  to  the  public 
or  the  persons  concerned.  (Anrni.  Marc  xt.  5, 
xzrii.  6.) 

Maqisteb  MnaroM,  the  title  of  the  two 
officers  to  whom  Constantino  entrusted  the 
command  of  all  the  armies  of  the  Empire.  One 
was  placed  over  the  cavalry,  and  the  other  over 
the  infimtry.  On  the  divisions  of  the  Empire 
their  number  was  increased,  and  each  of  them 
had  both  cavalry  and  infantry  under  his  com- 
mand. In  addition  to  the  title  of  MagUtri 
militumy  we  find  them  called  Magiatri  armorumf 
equitum  et  pecUtum,  utriu$que  militiae  (Zosim. 
ii.  S3,  iv.  27;  Vales,  ad  Amm.  Marc  zvi.  7). 
In  the  5th  century,  there  were  in  the  Eastern 
empire  two  of  these  officers  at  court  and  three 
in  the  provinces ;  in  the  Western  empire,  two  at 
court  and  one  in  Gaul.  Under  Justinian,  a  new 
magister  militum  was  appointed  for  Armenia 
and  Pontus.  (Walter,  Oeihichte  des  rihnisohen 
Sechts,  i  342,  2nd  ed.)  ^ 

Maqisteb  Kavis.    [Exebcitobia  Acno.] 

^Maqisteb  OFFiaoBUM  was  an  officer  of 
high  rank  at  the  imperial  court,  who  bad  the 
superintendence  of  all  audiences  with  the  emperor, 
and  also  had  extensive  jurisdiction  over  both 
civil  and  military  officers.  They  originally 
took  part  of  the  duty  of  the  court  cubicularku ; 
the  other  part  went  to  the  praefeetuB  sacri 
cubiculi.  [See  also  ADxnsio.]  (Cod.  1,  tit.  31 ; 
12,  tit.  16;— Cod.  Theod.  1,  tit.  9;  6,  tit.  9;— 
Amm.  Marc.  xv.  5,  xx.  2,  zxii.  3;  Cassiod. 
Varicar.  vi.  6.) 

Maqisteb  Paqi.    [Paqub.] 

Maqisteb  Popoll    [Diotatob.] 

^Maqisteb  a  BAnoHiBUS,  more  usually 
called  procuraiOTf  had  the  charge  of  the 
emperor  s  private  expenses  [see  Pucns]* 

*Maqibteb  SCBuaOBUM  had  the  care  of  all  the 
papers  and  documents  belonging  to  the  emperor. 
(Cod.  12,  tit.  9 ;  Spartian.  Ael,  Ver,  4 ;  Lamprid. 
JJex»  Sev.  26.) 

Maqisteb  Soczetato.  The  equites,  who 
fiurmed  the  taxes  at  Rome,  were  divided  into 
companies  or  partnerships ;  and  he  who  presided 

*  See  note  In  pieoedlng  pegs. 


in  such  a  company  was  called  Magister  Sode- 
tatis.  (ac  Verr.  ii.  74,  182 ;  ad  Fam.  xiii.  9; 
pro  PlandOy  13,  32.)    [Societas.] 

Maqistbi    Vioobum.      These    officials    had 
existed  under  the  Republic,  and  we  have  no 
account  of  their  beginning.     Livy  (xxxir.  7) 
introduces  them    into    a    speech   of  the  rear 
195  B.a  as  officials  of  an  inferior  class,  bat 
allowed  to  have  the  magisterial  insignia^no 
doubt  at  the  festivals  wUch  were  under  their 
charge.    The  magistri  vicorum  were,  however, 
entirely  re-organised  by  Augustas  in  the  year 
B.C.  7,  when  he  divided  the  city  into  14  regions 
and  265  vici,  and  assigned  4  magistri  vioornm 
to  each  vicus  (the  number  may  be  gathered 
from  inscriptions,  C.  /.  X.  vi.  445,  975),  who 
were  elected  annually  by  the  inhabitants  of  the 
vicus  (Suet.  Aug,  30).    The  first  so  appointed 
entered  upon  their  office  on  August  1,  B.a  7, 
and  accordingly  in  several  inscriptions  we  find 
mentioned    magistri    aimi  secundi,  tertit,  &c., 
equivalent  to  the  years  B.O.  6,  5,  &c  (C.  I.  L. 
vi.  764,  282).    Those  of  the  year  B.C.  7  are 
*' magistri   qui  primi  KaL  Aug.  magisterinm 
inierunt."  The  total  number  of  magistri  vicomm 
remained  1060  till  the  beginning  of  the  4th 
century,  when  it  was  reduced  to  672,  and  48 
were  assigned  to  each  region:  the  title  magistri 
vicorum  was,  however,  retained.     Their  functions 
were    partly    civil,    partly    religious.     Vfhen 
Aug^i  appointed  them,  they  ha^  (with  serri 
publid  under  them)  especially  to  guard  against 
fires.    This  had   been  a  function  of   the  old 
magistri  vicorum,  who    accordingly  were  in 
charge  of  the   worship  of   Stata  Mater,  the 
protectress    against    fire    (see    Fest.    p.   317; 
Preller,  ItSm,  Myth,  531;  Mommsen,  Stoats- 
recht^  I  328).    Thev  had  other  duties,  ss  to  the 
limits  of  which  we  have  not  very  clear  informa- 
tion, regarding  the  maintenance  of  order  within 
their  district.    The  duty  of  watching  against 
fire  was  in  a^d.  6  transferred   to  the  newlj 
constituted  oohortet  vigilum. 

As  regards  their  religious  duties  (their  most 
characteristic  function),  they  presided  over  the 
Compitalia  in  honour  of  the  Lares  Compitales 
rCoMPTTALiA],  besides  the  worship  of  SUU 
Mater  mentioned  above,  and  these  offices  were 
continued  to  the  newly  constituted  magistri 
vicorum  under  Augustus,  with  increased  im- 
portance when  the  Oenius  Augusti  was  inclnded 
in  the  same  worship.  They  had  also  to 
superintend  the  building  or  repairs  of  the 
Sacella  of  the  Lares,  as  churchwardens,  so  to 
speak,  of  their  vicus:  but  in  this  they  had 
to  obtain  the  approval  of  the  praetor  or  of  the 
official  over  the  region  who  was  appointed  hy 
lot  from  the  aediles,  tribunes,  and  praetors  (t» 
Suet.  Aug.  30;  Dio  Cass.  Iv.  8;  Mommsen, 
Staattnchi,  u.  516).  In  the  exenise  of  their 
religious  office  they  wore  the  toga  praetexts, 
and  had  two  lictors  assigned  to  them.  (^ 
Cass.  I,  c. ;  Uv.  xxxiv.  7 ;  Marquardt,  StaaU- 
verwaltung,  Hi.  203.)        [W.  S.]    [G.  E.  M.l 

MAGliSTRATUS.  Jfagiitrahu  is  properly 
the  abstract  form  of  the  concrete  magitterf  hot  , 
it  comes  to  be  used  indifierently  to  indicate  the  I 
office  and  the  person  who  holds  it.  In  the  tSL  C. 
d$  Baoohanalilmi  we  find  magittraiut  side  J>T 
side  with  magkter^  denoting  the  governor  of  e 
religious  guild.  In  the  later  practice,  however, 
only  the  word  magister  applies  to  leaser  corpor*- 


MAGISTBATUB 

tins;  vtagittratttt  is  commonly  restricted  to  the 
pasea  or  office  of  the  goremon  of  the  Populus 
kominiu,  of  tike  Ple^  and  of  the  monicipia 
nd  colonies.  The  powers  of  the  municipal 
Dttfistntes  are  discussed  elsewhere  [see  Cou>- 
xu];  the  following  remarks  apply  to  the 
oaptratcs  of  the  popolns  and  of  the  plehe. 

frerr  such  magistrate  has  coerdtio^  the  power 
vithis  his  proper  sphere  of  duty  to  compel  the 
dtixeos  by  force  of  punishment  to  obey  him, 
ui  to  STenge  any  act  which  ai^es  contempt 
cf  his  xDsgisterial  authority  (m  ordUnem  cogere 
a»7u<nihBa).  He  has  likewise  the  power  of 
addronng  the  people  by  word  of  mouth  (Jus 
mUmit)  and  by  written  proclamation  (Jus 

The  magistrates  are  grouped  in  colleges; 
tk«re  sre  two  consuls,  ten  tribunes,  and  so  forth. 
B3t  these  colleges  do  not,  with  very  rare  ezcep- 
tkiu  (see  Lit.  ix.  46,  7),  act  as  boards  deciding 
by  s  majority  of  rotes.  Each  individual  magis- 
tnte  is  invested  with  the  full  powers  of  his 
coU^e,  and  is  qualified,  if  not  interrupted  by 
hi  eoUeagnes,  to  act  in  all  matters  alone.  A 
psrtkular  subdivision  of  duties  (jirovmcioui) 
auj,  however,  be  prescribed  by  the  senate  or 
people  for  the  individual  members  of  a  college. 
Tkis  division  is  specially  important  in  the  case 
of  the  praetors  at  home  and  of  the  governors  of 
the  tnnsmarine  possessions  of  Rome.  The  first 
bsrt  particular  departments  of  business  assigned 
to  them;  the  latter  have  particular  localities  in 
Thkh  they  are  to  ezerdse  their  functions. 
When  it  may  be  a  matter  of  dispute  which  of 
the  equally  qualified  persons  is  to  perform  a 
perticolar  act  or  aeries  of  acts,  the  question  has 
to  he  settled  by  arrangement,  by  taking  turns, 
why  the  lot. 

Magktrahu  Pcpdi  BwnanL — Though  the 
▼ord  seeBs  never  to  be  applied  directly  to  the 
tusg,  ow  authorities  trace  all  magistracy  back 
to  the  regal  power.  Pomponius,  for  instance 
0%  I.  %  %  14),  begins  his  discussion  with 
the  voids,  **'  Quod  ad  magistratus  attinet»  initio 
dvitstis  hnjus  constat  reges  omnem  potestatem 
bahoisw.'*  At  the  institution  of  the  consulship 
thii  power  was  put  in  oommiision.  **  fiegio  im- 
pciio  duo  sunto^"  is  Cicero's  description  of  the 
office  {de  Ltg,  iiL  3, 8) ;  and  Liyy  (ii.  1,  7)  com- 
B«ot»— **  libertaUs  originem  inde  magis  quia 
astaoB  imperiniQ  consulare  factum  est,  quam 
q«d  deminutum  quicquam  sit  ex  regia  potestate, 
mnens.  Omnia  jura,  omnia  insignia  primi 
amies  tcnnere.'* 

Ihe  college  representing  the  kingly  power 

vtt  modified  by  various  addiUons  iuk4  altera- 

tiflM;  as,  for  instance,  when  a  dictator  was 

c>epted  into  it  as    a  superior  colleague,  or 

Ifvton  were  created  as  inferior  colleagues  to 

^  eoofuls,  or  when  their  pla<»  was  fiUed  by 

aa  i&tcirez  or  by  tribunes  with  consular  power. 

^■ch  one  of  tbeoe  officials  had  the  imperinm :  he 

ifMmed,  like  the  kings,  the  right  to  command 

^  individual  dtisen  in  peace  and  war  [see 

^puuUMj  and  to  be  the  president  and  mouth- 

^•ce  of  the  sovereign  corporation,  the  Populns 

^QBsnos.    Further  certain  specialised  functions 

vQt  oommitted  to  assistants  not  invested  with 

**^  plottry  powers:  such  were  the  censors, 

^^iile  aedileo,  and  quaestors,  besides  the  lesser 

*>^Bs]S|Who  collectively  made  up  the  viginti- 

^^nU.    The  more  specific   name   for  power 


MAGISTEATUS 


111 


(tmperitan)  being  denied  to  these,  the  generic 
term  potestas  serves  as  descriptive  of  their 
authority.  Thus  we  may  say  at  pleasure 
*'  consularis  potestas  *'  or  '*  consulare  imperinm," 
but  only  '<  censoria  potestas."  To  both  classes 
belong  the  auspicia  patridorvn^  and  all  holders 
of  these  offices  are  magistratus  patricii,  whether 
they  be  personally  members  of  the  patrician 
order  or  not. 

MessalU  (Aul.  GelL  xiu.  14)  divides  these 
atupuHa  patriciontm  into  greater  and  lesser,  and 
the  magistrates  in  like  manner  into  majorea  and 
muiores.  The  censor,  from  the  practical  im- 
portance of  his  office,  ranks  among  the  majoreB 
magistratus;  but  with  this  exception  Hessalla'a 
division  of  greater  and  lesser  answers  to  the 
division  between  those  magistrates  who  have  and 
those  who  have  not  the  imperium.  The  greater 
magistrates  receive  their  office  from  the  populns 
assembled  by  centuries,  the  lesser  magistrates 
from  the  populus  assembled  by  tribes.  What 
Messalla  says  is  confirmed  by  Cicero's  account 
(ad  Fam.  viL  30)  of  the  proceedings  of  Caesar. 
When  assembling  the  populus  for  the  election 
of  quaestors,  he  was  '*  tributis  comitiis  auspice^ 
tus  ;  when  in  the  course  of  the  day  he  wished, 
to  elect  a  consul  instead,  "centuriata  habuit." 
Messalla  proceeds  to  point  out,  however,  that 
the  powers  of  magistracy  are  more  formally  and 
regularly  (jttstius^  entrusted  by  the  subsequent 
passing  of  a  Lex  Curiata.  All  the  magistrates 
with  imperium  are  colleagues,  and  so  their 
auspices  may  collide  (turbant,  retinent,  vitiant^ 
dbtinenf^  in  which  case  those  of  the  superior 
override  those  of  the  inferior.  In  illustration 
of  this  we  find  that  a  praetor  acting  in  the  field 
in  conjunction  with  a  consul  could  not,  though 
he  had  an  imperium  of  his  own,  claim  a  triumph, 
because  his  imperium  and  his  auspices  were 
overborne  by  those  of  the  consul  (Val.  Max. 
it  8^  2).  It  is  certain  that  any  of  the  magis- 
trates own  imperio  could  in  the  same  way 
overbear  any  of  the  minor  magistrates.  .  On  the 
other  hand,  Messalla  tells  us  that  a  magistrate 
may  be  ''  non  ejusdem  potestatis,"  **  non  eodem 
rogatus  auspido"  with  another.  In  this  case 
the  two  have  not  merely  different  provinoiae  or 
spheres  for  the  exercise  of  their  authority,  but 
the  authority  itself  is  different ;  they  are  not 
colleagues,  and  no  collision  of  their  auspices  is 
possible.  Such  was  the  censor  in  relation  to 
the  consul  or  praetor,  and  such  by  parity  of 
reasoning  would  be  the  curule  aedile  in  relation 
to  the  quaestor.  The  same  prindple  obtains  in 
the  matter  of  uUeroessio.  It  is  summed  up  in 
the  words  of  Cicero  (de  Leg.  iii.  3,  6) :  *^  ni  par 
majorve  potestas  prohibessit."  Magistrates  non 
^usdem  potestaHs  cannot  veto  each  other's 
actions. 

The  magistrates  eiim  imperio  alone  had  the 
jus  agendi  cum  popuh.  The  voice  of  the  Roman 
peopk  could  be  uttered  only  in  answer  to  a 
question  (rogaUo)  put  to  it  by  such  a  magistrate. 
This  power  could  not  be  delegated  in  case  of 
elections  or  of  legislation ;  but  when  the  people 
met  to  hear  an  appeal  firom  the  sentence  of 
a  magistrate  in  a  criminal  case,  the  consul  or 
praetor  might  lend  his  auspices  to  an  inferior 
(as,  for  insUnce,  the  quaestor),  who  could  then 
preside  and  put  the  question.  [See  Varro,  L,  X. 
vL  91,  **  ad  praetorem  aut  ad  oonsulem  mittas 
auspidum  petitum;**  and  93,  *'alia  de  causa  hie 


112 


MAGISTBATUS 


magistratuB  (quaestor)  non  potest  eserdtum 
url^um  convocare.^ 

As  all  magisterial  power  is  derived  from  the 
people,  it  follows  that  those  magistrates  who 
have  the^'itf  agendi  cum  populo  must  provide  for 
the  succession,  not  only  in  their  own  college, 
but  in  all  the  other  magistracies.  The  censor  or 
the  curule  aedile  cannot  submit  the  question  of 
the  choice  of  their  successors  to  the  people,  but 
this  must  be  done  bj  the  consul  or  praetor. 
The  presiding  officer  is  said  rogare  or  create  the 
newly  elected  magistrate.  Most  modem  writers 
(including  Mommsen)  hold  that  this  is  a  relic  of 
an  ancient  power  of  nomination  or  selection  on 
the  part  of  the  magistrate,  that  the  obligation 
to  consult  the  people  on  the  choice  is  of  later 
origin,  and  that  the  primary  notion  of  magis- 
tracy is  that  of  a  power  passing  from  hand  to 
hand  through  successive  generations  of  officers. 
This  opinion  is,  however,  in  direct  contradiction 
to  the  belief  of  the  Romans  themselves,  who 
represented  the  higher  magistrates,  including  the 
king,  as  chosen  from  the  first  by  the  people ; 
and  the  cases  adduced  in  favour  of  the  modem 
hypothesis  seems  inconclusive.  The  co-optation 
of  the  dictator  is  an  exception,  which  is  prob- 
ablv  to  be  explained  on  the  ground  that  he  was 
to  be  appointed  in  emergencies  when  the  delay 
necessary  for  a  popular  election  might  be 
dangerous.  Nor  is  it  safe  to  draw  any  conclu- 
sion from  the  fact  that  neither  the  Rex  Sacri- 
ficulus  nor  the  Pontifex  Maximus  was  elected 
by  the  people.  The  Romans  were  evidently 
uneasy  lest  by  abolbhing  the  kingship  they 
should  have  offended  the  gods,  and  it  was  not 
unnatural  that,  when  severing  the  oversight  of 
Teligion  from  the  chief  magistracy,  they  should 
have  emphasised  the  partition  of  functions  by 
committing  the  transmission  of  religious  power 
to  the  Sacred  College  itself.  Mommsen's  theory 
necessarilv  leads  him  to  believe  that  the  interrex 
who  reigned  for  only  five  days  was  entrusted 
with  the  enormous  responsibility  of  imposing  on 
the  people  a  ruler  for  life.  There  is  no  need  to 
accept  the  premises  which  lead  to  so  improbable 
a  conclusion.  The  unanimous  evidence  of  the 
ancients  justifies  us  in  regarding  the  people  as 
the  fount  of  power,  and  in  limiting  the  part 
of  the  magistrate  in  the  creation  of  his  suc- 
cessor to  those  sufficiently  ample  powers  which 
belonged  to  him  as  the  necessary  C4)nvener 
and  regulator  of  the  assembly  which  had  to 
elect. 

Jurisdiction  the  power  of  administering  justice 
between  the  citizens,  belongs  in  its  full  extent 
only  to  the  magistrate  cum  imperio.  The  formal 
competence  of  every  such  magistrate  to  ad- 
minister justice  is  recognised  in  the  fictitious 
lawsuits  necessary  for  manumissions,  adoptions, 
and  transfers  of  property  (  in  jure  cesno).  The 
consul  or  even  the  pro-consul  at  the  gates  of  the 
city  may  hold  a  court  for  such  purposes.  But 
all  serious  litigation  at  Rome  is  specially 
reserved  as  the  provincia  of  one  or  other  of  the 
praetors.  After  the  conquest  of  Sicily,  that 
island  was  made  the  province  of  a  special 
praetor,  who  exercised  therein  the  fullest  juriS' 
dictio,  and  similar  functions  were  assigned  to 
the  governors  of  districts  subsequently  annexed. 
Besides  the  full  jurisdiction  which  goes  with 
imperinm,  a  limited  jurimiiction  in  special  cases 
belongs  to  the  curule  aediles,  the  decemviri  liti- 


MAGISTBATUS 

bus  judicandis,  and  to  the  municipal  magistrates. 
[See  JuRisoiCTio.] 

Criminal  justice — ^that  is,  the  punishment  of 
heinous  offences,  supposed  to  endanger  the  state 
— falls  likewise  under  the  imperium.  But  the 
action  of  the  magistrate  in  this  sphere  is  early 
limited  by  the  right  of  appeal  to  the  people, 
when  the  punishment  to  be  inflicted  is  serious. 
This  right  subjects  the  magistrate  to  the 
necessity  of  defending  his  sentence  and  to  the 
possibility  of  having  it  reversed ;  it  practicallj 
reduces  him  from  a  judge  to  an  accuser.  Such 
a  situation  was  felt  to  be  beneath  the  dignity  of 
the  superior  magistrate;  and  accordingly  we 
find  that  he  habitually  refrained  from  the 
exercise  of  any  such  powers,  and  allowed  the 
task  of  condemning  or  accusing  to  devolre  oo 
his  inferiors  (at  first  probably  his  delegates)  the 
duoviri  perduellionis  and  the  quaestors,  fiy  t 
curious  combination  of  constitutional  exigencies, 
the  tribune  may  find  himself  with  regard  to  the 
centuriate  trial  in  the  same  position  as  the 
quaestor.  If  he  has  condemned  a  citizen  to 
death,  and  is  appealed  against,  his  own 
(plebeian)  assembly  is,  by  the  law  of  the 
Twelve  Tables,  incapable  of  hearing  the  esse; 
he  must  therefore  ask  one  of  the  magistrates 
cum  imperio  for  a  day  of  the  ComitiaCenturista: 
see  Liv.  xliii.  16,  11,  '*(Jtrique  censori  per- 
duellionem  se  judicare  pronuntiavit  (tribanos), 
diemque  comitiis  a  C.  Snlpicio  praetore  nrbano 
petiit."  Whenever  provocaiio  is  suspended,  as 
on  the  appointment  of  a  dictator  or  on  the 
decree  of  senate  or  people  to  constitute  a  special 
quaeatiOf  the  superior  magistrate  is  seen  as 
criminal  judge,  and  inflicts  death  by  virtae  of 
his  imperium.  The  most  notable  case  is  the 
proceeding  against  the  Bacchanalians  in  B.C.  186, 
of  which  a  full  account  is  given  by  Liw  (xxxix. 
14.-19). 

A  relic  of  the  criminal  jurisdiction  of  the 
consuls  and  praetors  survived  in  their  power  to 
sharpen  their  coercitio  by  throwing  citizens  into 
prison.  This  was  a  consequence  of  their  right 
of  summons  and  seizure  (vocatio  €t  prensio)  as  a 
preliminary  to  trial.  This  right  was  not 
possessed  by  the  inferior  magistrates,  who  coold 
only  enforce  their  orders  by  seizing  pledges  or 
inflicting  a  small  fine. 

The  senate  is  the  connVtumor  authorised  body 
of  advisers  attached  to  the  chief  magistrate. 
Accordingly  only  those  magistrates  of  the 
Roman  people  who  as  possessors  of  the  imperium 
represent  the  kingly  office,  can  summon  and 
consult  the  senate.  This  power  is  absent  from 
the  censor,  the  curule  aedile,  and  the  quaestor. 
These  magistrates  appear,  however,  no  less  than 
those  cum  imperio,  to  have  been  relieved  daring 
their  term  of  office  from  the  duty  of  giving 
advice  as  senators  (suo  loco  sententiam  dioere)  to 
the  presiding  magistrate.  On  the  other  hand, 
they  could,  any  of  them,  address  an  official 
statement  to  the  senate  (veHxi  faoere)  regarding 
the  matter  in  hand. 

The  office  of  the  magistrate  ceases  imme- 
diately on  the  expiry  of  the  perted  for  which  he 
has  been  elected.  If  he  is  present  in  the  city 
(domt)f  his  powers  lapse  with  his  office ;  but  if 
he  is  absent  on  service  (militiae),  he  is  to  con- 
tinue at  his  post  and  exercise  all  powers  nntii 
he  is  relieved  by  a  successor.  Meanwhile  he  is 
acting  pro  oonsule,  pro  praetore,  or  pro  qvacstcrCi 


XAGISTBAtUS 


MAGI8TRATU8 


113 


IS  tb  CM  tOMj  be.      Snch  a  necessity  could 

haniij  ahie,  wiule  «  campaign  lasted  only  for  a 

$ing]«  fooaer.    When  in  B.a  326,  during  the 

Safflohe  Wtr,  it  became  desirable  for  the  consul 

Q.  Psbiiljis  Philo  to  remain  at  the  head  of  his 

anoT  fer  i  SMond  year,  a  special  decree  of  the 

people  to   extend   his    command,  though   not 

stridiy  necessary,  was  held  to  be  proper,  and 

&r  tome  time  this  precedent  appears  to  hare 

bees  followed.    By  the  time  of  the  Second  Punic 

War,  howerer,  it  is  recognised  that  a  simple 

decree  of  the  senate  is  sufficient  for  the  proro- 

jstioo  of  an  existing  command.    It  is  otherwise 

c4  cooise  when  a  command  pro  oontule  is  con- 

fmed  on  a  priTate  man— as  for  instance  on 

P.  Sdpio,  when  he  went  to  Spain  in  B.a  211. 

For  this  a  law  of  the  populus  or  the  plebs  is 

ilviTi  neoescary. 

It  may  periiaps  be  counted  as  an  exception  to 
tie  rule  of  purely  local  dirision,  that  the  pro- 
Bsji^tttnte  cannot  preside  at  the  meetings 
ettiier  of  senate  or  people,  even  when  these  are 
IkU  outside  the  walls.  These  are  the  exclusive 
pniogitiTes  of  the  actual  magistrates.  The 
prvDsgistrate  is  commonly  confined,  CTen  more 
itrictirthan  the  magistrate  in  his  year  of  office, 
t>'>  a  special  district  as  hia  provincia.  The  Lex 
UsjesUtis  of  Sulla  particularly  forbids  him  to 
ofoitcp  the  bonnds  of  that  district.  When  he 
has  kanded  oTer  hia  prorince  to  a  successor,  his 
f-over  is  therefore  in  abeyance,  but  it  is  not 
eztiBfuisbed  til!  he  enters  the  city  gates.  He 
9til!  keeps  his  official  title,  and  wears  his  official 
^nm :  he  is  still  attended  by  lictors  and  axes, 
sad  exercises  formal  acta  of  jurisdiction.  At  a 
word  from  the  senate  he  is  authorised  to  stir  up 
•gain  his  dormant  imperium;  and  when  the 
itate  is  in  danger,  **  those  who  are  present  with 
P^Konsalar  command  near  the  city"  are  in- 
daded  in  the  mandate  which  arms  the  magis- 
tiatci  against  the  enemy :  see  Caesar,  BelL  Civ. 
i- 5,'*  dent  operam  oonsules,  praetores,  tribuni 
ptebu,  quique  pro  consulibus  sint  ad  urbem,  ne 
^lid  Rspublica  detrimenti  capiat.** 

MagisirtdMB  plebig. — When  the  non-patrician 

Sontos  formed   themselves  into  an  exclusive 

«^>rporation  on  the  Mons  Sacer  in  B.C.  449,  their 

^  act  was  to  elect  magistrates  of  their  own  ; 

^  these  officers,  the  tribunes  and  aediles  of  the 

?i^  existed  from  thenceforth  side  by  side  with 

tbc  Bsgistrates  of  the  Roman  people.    The  re- 

*3blsBccs  and  diffierences  between  the  functions 

^tbe  two  kinda  of  magistrate  produce  some  of  the 

a-4t  caiions  complexities  known  to  any  consti- 

tutifliL    The  antnority  of  the  plebeian  magis- 

^'ste  wu  from  the  first  acknowledged  (though 

Kfflcvhat  grudgingly)  br  the  whole  community, 

^usouch  as  the  law  of  the  state  accorded  to 

tbeu  the  right  abeolntely  to  protect  the  private 

stitea  against  any  action  of  the  patrician  magis- 

tntc.  As  the  corporation  of  the  plebs  gradually 

■■omed  to  itself  the  right  to  legislate  on  matters 

^^^eernii^  the  whole   community,  its  officers 

^t^BM  Becessarily  more  and  more  magistrates 

^  tke  Soman  state.     When  by  the  Hortenaian 

-**  (fiwC  287)  the  decree  of  the  plebs  was  for- 

^r  placed  on  an  equal  footing  of  power  with 

^  decree  of  the  sovereign  populua,  the  reason 

^  lay  distinction  between  the  magistrates  of 

Ik  two  corporations  reallv  disappearad.    In  the 

Qv  of  the  plebeian  aediles  this  distinction  was 

Pv^ieslly  abolished.    OriginaUy  the  tuboidi- 

1QL.  n. 


nate  assistants  of  the  tribune  and  his  instru- 
ments in  giving  effect  to  his  duty  of  protection, 
the  aediles  of  the  later  Republic  were  assimi- 
lated to  the  minor  magistrates  of  the  Roman 
people.  Though  still  necessarily  plebeians,  and 
elected  by  the  plebs,  their  powers  and  duties 
bore  no  relation  to  their  original  functions,  but 
were  precisely  similar  to  those  of  their  curule 
namesakes.  This  identity  is  best  illustrated  by  the 
fact  that  Caesar  divided  the  city  into  wards,  each 
in  charge  of  a  single  aedile,  without  any  distinc- 
tion between  the  two  kinds.  The  plebeian  (like 
the  curule)  aedileship  gave  the  opportunity  for 
conciliating  the  people  by  gifts  and  shows,  and 
so  paving  the  way  of  the  candidate  to  the  higher 
posts.  In  the  ordinary  career  of  a  Roman  states- 
man the  office  was  a  step  in  advance,  after  a 
man  had  served  the  tribunate  and  before  he  pro- 
ceeded to  the  praetorship. 

The  position  of  the  tribune  in  the  later  Re- 
public is  much  more  anomalous.  As  the  ruling 
magistrate  of  his  corporation  he  baa  the  jus 
agendi  cum  pi^,  which  confers  on  him  precisely 
the  same  powers  of  initiative  in  legislation  aa 
are  possessed  by  the  consul  who  puts  the  ques- 
tion to  the  populus.  The  senate  likewise  is 
assigned  as  a  consilium  of  advisers  to  him  as  well 
as  to  the  consul,  and  he  has  the  same  right  of 
summoning  it  and  eliciting  its  decrees.  So  far 
we  have  only  a  multiplication  of  the  chief 
magistracy.  But  here  the  identity  ceases.  The 
tribune  had  not  the  essential  attribute  of  the 
chief  magistrates  of  the  Populus  Romanus,  the 
imperium.  He  could  neither  command  in  war 
nor  administer  justice  between  the  citizens.  On 
the  other  hand,  certain  eminent  prerogatives 
derived  from  the  historical  nature  of  his  office 
survived.  The  *'word  of  might  that  guards 
the  weak  from  wrong  '*  had  been  made  effective 
by  investing  the  person  of  the  tribune  with 
sacroscmctUas,  and  this  socrosafu^itoa  could  be 
used  in  attack  as  well  as  in  defence.  The  coer' 
cUio  of  him  whom  it  is  death  to  resist  must 
necessarily  overbear  all  other  authority.  If  the 
tribune  thinks  fit  to  throw  the  consul  into  prison 
or  to  drag  the  censor  to  the  Tarpeian  rock  for 
execution  (Pliny,  ff.  JV.  vii.  §  143),  no  one 
but  another  tribune  can  hinder  him.  In  like 
manner  the  intercessio  of  the  tribune  transcends 
the  rule  that  magistrates  non  ejusdem  potestatis 
cannot  interfere  with  one  another.  The  veto  of 
the  tribune  is  absolute  over  the  actions  of  consul, 
of  praetor,  and  of  censor,  while  these  have  no 
corr^ponding  power  over  him.  In  case  of  col- 
lision the  patrician  magistrate  must  alwaya 
yield  to  the  sacrosancta  potestas.  Such  powen 
would  be  nothing  short  of  a  legalised  tyranny, 
were  they  placed  in  a  single  hand.  As  a  matter 
of  fact  the  great  number  of  the  tribunes,  and. 
the  principle  that  each  of  them  could  hinder  the 
action  of  his  colleague,  rendered  these  enormoua 
powers  practically  harmless.  In  ordinary  times 
the  college  of  tribunes,  divided  against  itself, 
excluded  from  military  command,  and  incapable 
of  action  outside  the  city  walls,  possessed  little 
influence  or  dignity,  and  was  commonly  the 
humble  instrument  of  the  senate,  and  a  conve- 
nient check  on  any  vagaries  of  the  superior 
magistrates.  (See  Liv.  xxviii.  45;  xlv.  21.) 
The  survival,  however,  of  so  irrational  an  in- 
stitution became  eminently  dangerous  in  times 
of  revolution.    In  the  hands  of  the  Gracchi  the 


114 


MAJESTAS 


MAJESTAS 


tribunician  power  proyed  strong  enough  to  oyer- 
bear  the  other  elements  of  the  constitution,  and 
oonld  be  resisted  only  by  Tiolence  and  bloodshed. 
Under  the  control  of  Marius,  of  Pompey,  and  of 
Caesar,  the  saine  office  afforded  an  effective  sup- 
port to  the  military  chiefs  against  the  senatorial 
goremment.  After  serving  for  a  century  the 
purpose  of  party  strife  or  of  indiridual  ambi- 
tion, the  power  of  the  plebeian  magistrate, 
united  at  last  with  military  and  proTindal  com- 
mand, became  the  bnsis  of  the  despotism  of  the 
emperors.    For  their  appointment,  see  NOMi- 

HATIO. 

(This  article  is  in  the  main  a  summary  of  the 
first  volume  of  Mommsen's  Staatsrechtf  to  which 
the  reader  is  referred  for  more  detailed  informa- 
tion.) [J.  L.  S.  D.] 

MAJESTAS.  The  only  term  for  treason  in 
early  Roman  law  was  perduelliOf  a  word  made 
up  of  jw,  para  =  "  very,"  and  duellumf "  war  " 
(Charisius,  ii.  14,  159).  Ferduellis,  a  person 
guilty  of  this  crime,  originally  signified  a  pro- 
nounced public  enemy  of  the  state,  and  then 
came  to  mean  one  who  assisted  a  public  enemy 
by  his  treachery  (Varro,  L.  L,  v.  1,  3 ;  Cic.  de 
Off,  i.  12,  37 ;  Dig.  50,  16,  234:  cf.  L.  Lange, 
de  duelli  vooabuli  crigma  etfaUsy,  According  to 
^  the  Twelve  Tables,  a  citizen  was  perduedis  who 
showed  a  hostile  disposition  against  his  country, 
either  by  stirring  up  an  enemy  against  it 
(^hostem  oonciere)  or  by  surrendering  a  Roman 
citizen  to  an  enemy  (pivem  hosti  tradere)  (Voigt, 
XIL  Tafein,  ii.  §  172) ;  but  the  offence,  like 
that  of  treason  in  early  English  law,  was  not 
clearly  defined,  as  is  shown  by  the  £sct  that  the 
crime  of  Horatius  in  killing  his  sister  was 
included,  according  to  Livy  (i.  26),  under  the 
head  of  perdueliio,  and  not  under  that  of  pcarri* 
ddmmj  to  which  it  seems  legally  to  belong. 
(Festus,  s.  V.  Sororivan:  cf.  Mommsen,  StaatB- 
rechtf  ii,'  p.  615;  Clark,  Early  JRomcm  Law, 
p.  73.) 

The  earliest  trial  and  form  of  procedure  is 
that  which  is  given  by  Livy  (i.  26)  in  respect  of 
this  case  (cf.  Liv.  vi.  20).  In  the  regal  period 
the  jurisdiction  over  this  and  other  capital 
offences  belonged  to  the  king,  who  might  dele- 
gate his  power  to  commissioners,  called  dwawri 
perduellioni  jwUoandae,  Under  the  Republic  the 
jurisdiction  was  given  directly  to  duoviri,  who 
were  appointed  for  each  particular  occasion  by 
the  Comitia.  There  was  always  an  appeal  (joro- 
vocaOo)  from  the  duoviri  to  the  populus«  The 
perduellionia  judicium  existed  at  feast  in  theory 
to  the  later  times  of  the  Republic  (Cic.  Orat, 
46, 156) ;  but  the  name  seems  almost  to  have 
fiedlen  into  disuse.  (Mommsen,  Staatsreohtf  ii. 
pp.  542,  615-618.) 

Perduailio  was  regarded  as  a  religious  offence 
in  early  times,  the  tutelary  god  being  propi- 
tiated by  the  death  of  the  offender  {deo  necari)^ 
who  was  put  to  death  by  flogging  and  hanging 
<*<  infelici  arbori  reste  suspendi  . . .  verberatum/' 
Cic.  pro  Sabir.  perd,  4,  13;  Liv.  L  26,  6).  In 
€onrBe  of  time  the  punishment  was  aquae  et 
ignis  iiUerdictio. 

Voigt  gives  the  following  as  cases  of  per- 
duellio  by  stirring  up  an  enemy  against  the 
state  :--l.  The  case  of  Vitruvius  Vaccus,  426 
A.U.O.,  who  was  tried  before  a  quaestio  extra' 
ordtnorta  and  convicted  (Liv.  viii.  19,  4 ;  20,  6). 
2.  The  case  of  the  Tusculans,  in  431  ▲.u.O.,  who 


were  prosecuted  by  the  tribunes  and  acquittej 
(Liv.  viii.  37,  S-1 1).  3.  The  case  of  Semproniq 
Gracchus,  in  631  ▲.nx.,  who  was  acquitte(i 
The  case  of  C.  Popilius  Laenas,  in  647  a.u.c,  ] 
given  as  one  of  perduellio  by  surrendering  i 
Roman  citizen  to  an  enemy  (Auct.  ad  Harm 
iv.  24,  34 ;  Cic  de  Leg.  iii.  16,  36 ;  Uv.  Ep,  65| 
It  should  be  added  that  Cn.  Fulvius  was  charge 
with  the  offence  of  treason  for  losing  a  Ronu^ 
armv  (Liv.  xxvi.  1,  3). 

The  term  perdueUio  was  still  used  under  tlj 
Empire  and  b  found  in  Justinian's  legisUtio) 
but  it  is  a  question  whether  it  was  not  merg^ 
for  all  legal  purposes  in  the  crimen  majeitui 
Ulpian,  as  cited  in  Dig.  48,  4^  11,  distinguislM 
between  the  legal  consequences  of  mt^etU 
which  is  perdueUio  and  majestas  which  is  sot,  \ 
that  we  should  perhaps  regard  perdueUio  at  i^ 
time  as  a  species  of  majeetae. 

The  word  majestae  consistently  with  its  reli 
tion  to  mag[nus']  signifies  the  magnitude  i 
greatness  of  a  thing.  **  Majestas,"  says  Cicei 
(Part.  Orat.  30,  105),  <<  est  qnaedam  magniti 
Populi  Romani;"  '*  Majestas  est  in  Impei 
atque  in  nominis  Populi  Romani  dignitate] 
Accordingly  the  phrases  majeetaa  Populi  Bo 
Imperii  majeetae  (Hor.  C^xmu  iv.  15X  s^n 
the  whole  of  that  which  constituted  the  Romi 
state ;  in  other  words,  the  sovereign  power 
the  Roman  state.  The  expression  mi'mie^ 
majestatem  consequently  signifies  any  set  l| 
which  this  majestas  was  im^Mired ;  and  it  I 
thus  defined  by  Cicero  {de  Intfent,  ii.  17,  53J 
''Majestatem  minuere  est  de  dignitste,  tij 
amplitudine,  aut  potestate  Populi  ant  eonn 
quibus  Populus  potestatem  dedit,  aliqnid  d«n 
gare."  (See  Cic  ad  Fam,  ui.  11 :  "  MajeiUt<^ 
auxisti.")  The  phrase  majestas  Publica  in  to 
Digest  is  equivalent  to  the  majesku  Pcm 
JRomani,  The  crimen  majesttxiiSf  or,  to  nse  ti 
complete  expression,  crimen  laesae,  ksmimm 
demmutae^  minutae,  majestatiSf  is  the  ofil«ic« 
injuring  or  attempting  to  injure  the  sorereifl 
power  of  the  Roman  people.  Accordinglr  it] 
defined  by  Ulpian  (Dig.  48,  4,  1)  to  be  ''  crim^ 
illud  quod  aidversus  Popnlnm  Roraanam  v{ 
adversus  securitatem  ejus  committitur."  Tbj 
the  conception  of  the  crimen  majestaUs  is  rsm 
abstract  and  wider  in  scope  than  perdueUio  i 
than  that  of  treason  in  English  law. 

Various  leges  were  passed  for  the  purpose  I 
determining  more  accurately  what  should  I 
majestas*  These  leges  were  a  Lex  Apaleis,  pij 
bably  passed  in  the  fifth  coniiulship  of  Msii^ 
the  exact  contents  of  which  are  unknown  (Ci 
de  Or,  ii.  25,  49) ;  a  Lex  Varia,  B.C.  91  (ApH 
Bell,  CS«.  1,  37;  Cic  Brut,  89,  304;  Val^ 
Maxim,  viii.  6,  §  4;  Cic  pro  Soaur,  1,  3;  Tu 
cul,  ii.  24,  57);  a  Lex  Cornelia,  passed  br  ] 
Cornelius  Sulla,  which  appears  to  have  consol 
dated  and  made  considerable  additions  to  ti 
law  of  majestas,  bringing  under  it  a  number  I 
acts  of  usurpation  on  the  part  of  pronocij 
governors  and  of  magistrates.  Sigonius  M 
attempted  to  collect  its  capita.  By  this  Ij 
majestas  became  the  subject  of  a  quatstio  f<\ 
petua  (Cic  in  Pis.  21,  50 ;  pv  Chient,  3o,  9^ 
ad  Fom,  iii.  11 :  ct  Zachariii,  Com,  5Wk 
129-131;  Volkerstaert,  de  L.  Comdio  M 
legitiatorey  pp.  154-160).  Lastly,  there  was  tl 
Lex  Julia  de  majestate,  which  continneKl  und^ 
the  Empire  to  be  the  Aindamental  enactment  i 


i 


MAJE8TAS 

tkc  nbject  This  I«ex  Julia  is  by  some  attri- 
buted to  CL  Jnlins,  aod  assigned  to  the  year  B.C. 
4ii,  aad  tiuB  msy  be  the  lex  referred  to  in  the 
Digot  sad  Code.  That  a  Lex  de  majestate  was 
pinoi  is  Cssiar's  time  appears  from  Cicero 
mfp,  L  9, 23>  Bat  moie  probably  the  Lex 
tlift  i  msjestsie  was  one  of  the  Leges  Jnliae 
d  Ajiptija.  Like  many  other  legea^  the  Lex 
Jalis  vai  modified  by  senatnsoonsolta  and 
iaperisl  oonstitations ;  and  we  most  not  con- 
clade  from  the  title  in  the  Digest  (48,  4),  ad 
L^tM  Jviiam  majatatisj  that  all  the  provisions 
asoented  under  that  title  were  comprehended 
a  tie  original  Lex  Julia. 

Toe  offcocei  comprised  nnder  the  head  of 
oiaa  najestaHs  may  be  dirided  into  two 
hods:  (1)  Attacks  against  the  public  security 
gnezallj;  end  (2)  treason  specially  directed 
sgiifiit  tbd  pcnon  of  the  emperor. 

(1.)  Under  this  head  we  may  include  acts  of 
tk  £)ilowiiig  kind : — Bearing  arms  against  the 
SLii,  sdberittg  to  the  public  enemy  in  rarious 
var^ieditiai  directed  against  the  state,  inciting 
li  aatmj,  msking  war  or  levying  troops  with- 
cflt  aatiiority  to  do  so,  killing  a  Roman  magis* 
true,  tke  refusal  of  a  goTcmor  to  leave  his  pro- 
Tiace  after  he  had  beien  supeneded,  and  other 
o&Jsvfsl  acts  of  officials,  the  forgery  of  public 
iaitmoents,  kc  (Dig.  48,  4,  1,  2;  Paul.  5, 
29, 1.) 

(^)  Uoder  the    Empire  the  term  majestas 

vai  applied  to  the  person  of  the  reigning  Caesar, 

a&i  we  find  the  phruee  mo^etiaM  Aug^stOj  imperor- 

^r^  and  regia.    It  was,  however,  nothing  new 

te  a{iplj  the  term  to  the  emperor,  consid»ed  in 

acie  of  his  capacities,  for  it  was  applied  to  the 

otpstntas  vnder  the  Republic,  as  to  the  consul 

eipnetor(CicPAA/9>.xui.9,  20;«ii'temMn, 

i^  ^).    Horace  even  addresses  Augustus  {Ep. 

i- 1,248)  in  the  term  ''majestas  tua,"  but  this 

oa  hardly  be  viewed  otherwise  than  as  a  per- 

■cal  eompiiment,  and  not  as  said  with  refer- 

<:«  to  any  of  the  offices  which  he  held.    It  was 

cr  tac  extension  of  the  crime  of  mo/ssias  that 

^  capeion  first  raised  themselves  above  the 

fxisLarr  law.    They  were  not  content  with  the 

pRt«ct)on  which  the  Lex  Cornelia  had  given  to 

■ifiitiites  by  making  it  treason  to  kiU,  or 

perils  even  to  attempt  to  kill  them;  but  the 

^-<  tiirial  acts  of  d|sreqMct  to  the  emperor's 

pQ»e  or  authority  beoune  treasonable  in  course 

«  tiflK.   Augustus  availed  himself  of  the  Lex 

J^  for  prosecuting  the   authors  of  fcanosi 

'^  (**  oognitionem  de  fiunoais  libellis,  specie 

**^tj^  trseUvit,"  Tac.  ^im.  L  72 ;  Dio  Osss. 

in.  37;  Soeton.  Aug,  55)w    The  proper  inference 

^thspassapof  Tacitu  is  that  the  Lex  Julia 

^  BAt  pioper^  'PPly  te  words  or  writings,  for 

^wert  punishable  otherwise.    [LiBELUTB,  2.] 

^  penage  of  Cicero  (ad  Fam.  iiL  11)  is  mani- 

^j  corrupt,  and,  as  it  stwida,  inconsistent 

^'^  the  context ;  it  cannot  be  taken  as  evidoice 

^  the  Lex  Hajestatis  contained  any  express 

ff^«Qos  as  to  libellous  words,  as  to  which 

*^  veze  other  sufficient  provisions  [l2> jubia]. 

^^  Tiberius   the  offence  of  majettas  was 

^'^t^  to  all  acts  and  weeds  wluch  might 

"^  to  he  disrespectful  to  the  Princeps,  as 

fKvi  fnm  various  passages  in  Tacitua  (Aim, 

''^U;ii.50;  iii.  38,  66,  67> 

it  via  treason  to  do  anything  which  could 
(^>oi%  be  cQnatned  as  disrespectful  to  the 


MAJE8TAS 


115 


statues  of  the  emperor.  It  is  stated  by  Mar- 
danus,  as  cited  in  the  Digest,  that  it  was  not 
majeataa  to  repair  the  statues  of  the  Caesar 
wMch  were  going  to  decay ;  and  a  rescript  of 
Severus  and  his  son  Antoninus  Caracalla  declared 
that,  if  a  stone  was  thrown  and  accidentally 
struck  a  statue  of  the  emperor,  that  also  was 
not  majestea j.BXid  they  also  graciously  declared 
that  it  was  not  majestas  to  sell  the  statues  of 
the  Caesar  before  they  were  consecrated.  In 
the  time  of  Tiberius  it  was  a  matter  of  charge 
against  a  man  that  in  selling  a  garden  he  had 
included  a  statue  of  Augustus ;  which  Tiberius 
declared  to  be  no  offence  (Tac  Ann,  i,  73). 
There  is  also  an  extract  from  4Batuminus,  de 
JwUciiSj  who  says  that  if  a  person  melted  down 
the  statues  or  imagines  of  the  emperor,  which 
were  already  consecrated,  or  did  any  similar 
act,  he  was  liable  to  the  penalties  of  the  Lex 
Julia  majestatis.  Augustus  wished  to  treat  an 
act  of  adultery  with  a  female  member  of  the 
imperial  family  as  treason ;  but  it  was  declared 
by  Tiberius  that  this  was  not  the  law  (Tac 
Ann.  ii.  50;  Afommsen,  Staatarechtf  ii.  754). 
The  violation  of  an  oath  which  a  person  hsid 
sworn  by  the  Genius  or  Salus  of  the  emperor 
was  included  in  the  crimen  maJeskOie,  The 
assumption  by  a  private  person  of  a  divine  as 
well  as  of  a  regal  title  of  honour  made  him  sub- 
ject to  the  law  of  treason  (Mommsen,  op,  cit. 
ii.  755,  817).  It  was  sufficient  to  constitute 
treason  that  a  treasonable  act  should  have  been 
begun,  but  a  mere  intention  to  commit  the 
offence  without  any  overt  act  was  not  treason. 
(For  the  mode,  of  procedure  in  trials  on  acootmt 
of  hesa  majeetat^  see  Crimen,  Quaestio.) 

An  inquiry  might  be  msde  into  an  act  of 
treason  against  the  Imperator  even  after  the 
death  of  the  offender  (Cod.  9,  9,  6);  a  rule 
which  was  established  (as  we  are  informed  by 
Paulus)  by  M.  Aurelius  in  the  case  of  Druncianus 
or  Druncanius,  a  senator  who  had  taken  part  in 
the  outbreak  of  Cassius,  and  whose  property 
was  claimed  by  the  fiscus  after  his  death.  Per- 
haps the  account  of  Capitolinus  (Jf.  Ant.  Fkil, 
c  26)  and  of  Vulcatius  Gallicanus  (Amdiua 
Caseius,  c.  9)  is  not  inoonsistent  with  the  state- 
ment of  Paulus.  On  the  case  of  Druncanius, 
see  Tillemont,  Hietoire  dee  Empereure,  vol.  ii. 
p.  382.  Women  were  admitted  as  evidence  in  a 
case  of  la£9a  majestasj  and  the  case  of  Fulvia  is 
cited  as  an  instance. 

The  torture  was  only  applicable  generally  to 
slaves  and  not  to  freemen,  but  it  is  provided 
that,  in  case  of  treason  against  the  emperor,  all 
persons  should  be  in  the  same  position  as  slaves 
in  respect  of  liability  to  torture.  (Dio  Cass. 
Ix.  15 ;  Paul.  5,  29,  2 ;  Tac  Ann.  xv.  56  ;  Dig. 
48, 18,  10,  §  1.)  Tiberius  sold  a  man's  slaves 
to  the  actor  publicua  (Ann.  uL  67)  in  order  that 
they  might  not  fear  to  give  evidence  against 
their  master,  who  was  accused  of  repettmdae  and 
also  of  majestas. 

The  crime  of  majestas  was  pimished  with 
increasing  severity  under  the  Empire.  The  old 
punishment  was  perpetual  interdiction  from  fire 
and  water ;  but  now,  says  Paulus  (8.  R,  v.  29, 
1),  writing  at  or  about  the  close  of  Caracalla*s 
reign,  persons  of  low  condition  are  thrown  to 
wild  beasts,  or  burnt  alive;  persons  of  better 
condition  are  simply  put  to  death.  The  property 
of  the  offender  was  confiscated  and  his  memory 

X  a 


HAJOHES 


116 

vru  iobmoui  (damm 
tion  of  S.  ScTcriu  and  Antoiiiaiu  Csnu^lU  de- 
clartd  that  (torn  tbetime  tbat  an  act  of  majtitai 
wu  committed  ■  mao  conid  not  alienate  bii 
property  or  muinniit  a  alave,  to  which  the 
great  (magnui)  Antoninns  {probably  Caracalla 
ii' still  meant)  adiied  that  a  debtor  could  not 
alter  tbat  time  lawfully  make  a  paymant  to 
him.  (Dig.  48,  4;  Cod.  9,  8  -,  Walter,  BSmuche 
EedilagacAiehlt,  §  803;  Rein,  Crim.  BtcU, 
p.  493 ;  Dieck,  Qei^ioUe  da  RBm.  Majest.  «r- 
bmehen ;  J.  Waijite,  Da*  Crimm  Majeitatit  der 
SSmer;  Bmgmuu,  da  Ferdattt.  tt  iiajM. 
Cnm.)  ra.  L]    [E.  A.  W.] 

MAJOUBS.     riHPABB.] 

MALACENSIS  LEX  or  MALACITA'NA 
LEX,  a  ilatute  regulatiag  the  municipal  con- 
atitutioa  of  Malaga  in  Spaiu^  of  which  chaptem 
51-69  ware  diicoTend  on  a  bronie  tablet  in  fire 
columns  near  tbat  city  in  1851.  No  donbt  the 
law  wu  no  enactment  of  the  Roman  eomitia,  but 
wai  bestowed  on  Malaga  hr  Domitian,  between 
the  yean  A.t>.  81-84.  Along  with  the  Lei 
Snlpensana,  which  wai  eicsrated  at  the  ume 
time  and  place,  it  throws  coniiderable  light  on 
the  inetitntions  and  organiutlon  of  the  Latin 
manidpia,  and  on  some  purely  legal  topio,  such 
as  the  "ontio  praedibat  praediiaque,"  [Printed 
in  the  C.  I.  L.  2,  No.  1961,  and  in  Bmni,  Fmta 
jvrit  Bomani  Antigtu.  First  published  by 
R.  de  Berlanga  at  Malaga  in  1853.  See  par- 
ticalaily  Mommsen's  manograph,  Die  Stidt- 
nchit  aer  latamtchen  Oemaiuba  Saipnua  und 
italaca  in  der  Provi'm  Baelica,  Leipiig,  1855. 
They  hare  also  been  written  on  by  Laboulaye, 
Paris,  1856  ;  Asher,  Parit  and  Heidelberg,  1868 ; 
Giraud,  Paria,  1856-8,  1866-8;  Van  Lier,  1886; 
and  Van  SchwInJeren,  1868.]  [J-  B,  M,] 

MA'LLEUa,  di'm.  liisi^oLUB,  (1)  a  ham- 
mer, a  mallet,  wai  nsnj  much  for  the  same 
purposes  in  ancient  as  in  modem  time*.  In 
Greek  the  general  term  is  apSpa;  the  large 
smith's  hammer,  such  as  that  used  by  Re- 
pbneatni,  la  specially  called  ^nriip  (also 
lUrrpa);  the  word  Kpora^li  is  used  for  a  ham- 
mer with  one  end  sharpened,  like  a  coal-pick. 
In  Latin,  while  maUeiu  is  the  general  term, 
morouj  is  spedalljr  ased  for  the  heavy  imlth's 
hammer,  and  vareelltu,  marxvhu  for  smaller 
Tsrletie*  (Wd.   Orig.  lii.  7).     When   sereral 


The  toige  of  Tnken.    (From  *  bas-relief.) 

men  were  striking  with  their  hammers  on  the 
same  anvil,  it  was  a  matter  of  neceiaity  that 
they  ahoold  strike  in  time,  and  Virgil  accord- 


MAUOEPB 

inglyiay*  of  the  Cyclopes,  "Inter  »e  bradi 
toUnnt  in  numenun"  {Georg.  ir,  174;  Acn.  vL 
452).  The  scene  which  he  describes  is  np 
sented  in  the  above  woodcat,  taken  from  i 
ancient  bas-relief,  in  which  Vnlcan,  Brontt 
and  Steropes  are  seen  forging  the  metal,  vhi 
the  third  Cyclops,  Pymcmon,  blows  the  bellgi 
{Atn.  Tiii.  425).  Beside  theaniil-stand  [Incc 
is  seen  the  vessel  of  water  in  which  the  h 
iron  or  bronie  was  Immersed  (ib.  t,  450,  451 

[LlCDB.} 

But,  besidee  the  employment  of  the  hsmm 
upon  the  anvil  for  making  all  ordinary  ntenti! 
the  smith  (xoAjnii)  wrought  with  thi>  in>lr 
meat  figures  called  Ipya  v^vpiitxra  (cr  U 
afifrTrra,  Bmnck,  AtuJ.  ii.  222),  which  vt 
either  small  and  fine,  some  of  their  parts  beii 
beaten  as  thin  as  paper  and  being  in  very  hi| 
relief,  as  in  the  broases  of  Siris  [Lorica],  or 
colossal  proportions,  being  composed  of  separs 
plates,  rivetad  together  :  of  this  the  most  i 
markable  eiample  was  tbe  statue  of  the  sua 
wrought  bronie  (irfvp^AicrDS  ■DAwrirds,  Theocr 
xiii.  47 ;  pairnipanowla,  ?hila  de  7  ^MCloc. 
p.  14,  ed.  Onll.),  seventy  cabits  high,  whii 
was  erected  in  Rhodes.  Another  remarkst 
production  of  the  same  kind  was  the  gold 
sUtne  of  JupiUr  (Strabo,  viil.  p.  378;  I'll 
Phaedr.  p.  236  B),  which  was  erected  at  Olyi 
pla  by  the  sons  of  Cypielna. 

By  other  artificera  the  hammer  was  used 
conjunction  with  the  chisel  [Dobaoaji}-  "  ' 
the  carpenter  {pwUata  mo/Inu,  Coripp.  de  Lot 
Juitiai,  if.  47 ;  wDodcat,  Vol.  1.  p.  126)  and  tl 
sculptor. 

Several  drawinp  of  ancient  hammers  msvl 
seen  in  BIflmner,  Techaologie,  II.  196,  every'm 
of  which  might  be  matched  bj  a  pattern  now 

8.  To  be  distinguished  from  the  above 
malkaitu,  a  sort  of  rocket,  having  lighted  la 
and  pitch  attached  to  one  end,  which  was  tbroi 
In  sieges  and  in  navnl  warfare.  Its  name 
probably  derived  from  mailioha,  the  shoot  of 
plant,  or  else  because  the  head  with  the  la 
attached  was  compared  to  a  hammer.  (See  G 
Cat.  i.  13, 32 ;  Uv.  ilii.  64  ;  Amm.  Harcelt.  iri 
t,14;JV_eget,iv.  18.)         [W.  S.]    [Q.  E.  M/ 


MALTJH.  [Navib.]  " 
MALCS  OtULUS.  [Fj 
MANCEP8  ■       ■' 


'ASCtHUK.] 


aptam  that  aiapex  has  to  a 
original  sense  ^  ie  qui  manu  capU  or  qvi  na 
dpia ;  that  is,  it  means  an  acquirer  or  purchaa 
of  a  thing  by  the  form  of  conveyance  call. 
tTtoBcipiam  or  maidpaiio  (maitcipio  aedpiem,  * 
Mascipium;  cf.  TertuU.  Apoiog.  11).  But  i 
an  early  time  the  word  was  also  osed  to  signi 
a  party  conveying  by  mancipation  {mmrif 
dana).  In  which  sense  it  is  eqni^ent  to  onow; 
[Plaut.  Cure  4,  2,  29), 

From  its  original  meaning  inanetpt  derin 
several  special  aignifications.  It  frei]aent: 
means  a  person  who  purchases  or  hires  s  thii 
at  a  public  auction.  Mancipei  were  they  iri 
bid  at  the  public  lettings  of  the  censors  for  tl 
purpose  of  /arming  any  part  of  the  public  pr 
perty  (Festus,  s.  v.  Mancapi :  "  Hanceps  dirlti 
qui  quid  a  popnlo  emit  condncitre  qnis,"  &c^ 
Sometimes  the  chief  of  the  Publican!  general! 
are  meant  by  this  term,  as  they  wen  t! 
bidders  for  Uie  public  revenue  and  gave  tl 


MANGIPATIO 


MANCIPIUM 


117 


McaritTj  and  then  they  shared  the  undertaking 

with  othcn  or  underlet  it  (Ascon.  ad  Div.  in 

C*<MciL  10, 33).    These  mancipet  wofild  accord- 

inglr  Une  dkiinctiTe  names,  according  to  the 

kind  of  rtTtau  which  they  took  on  lease,  as  Decu- 

ffnini,  PoTtitoRi,  Pecnarii.     Snetonins  (  Vesp,  1) 

s^ji  tint  tbe  &ther  of  Petro  was  a  manc^ 

<^  Jklwven  (operag),  who  went  yearly  from 

Cmbria  to  Sabinum  to  cultivate  the  land ;  that 

1%  he  iiired  them  from  their  masters  and  paid  so 

C3adb  for  the  use  of  them,  as  has  been  often 

dioae  io  slsrc  eoontriei.    Conductores  Therma- 

TTsm  H  SslJDarum  are  called  mancipes  in  the 

Theodonsn  Code  (14,  5, 1>    The  word  is  also 

cjed  in  the  Theodoiian  Code  to  denote  a  class  of 

^blk  officials  (8,  5,  53 ;  60,  24,  65,  mancipes 

iuoorw).    In  one  place  of  this  Code  (14,  16,  2) 

mxmxpt  mesos  a  manager   or  maudple  of  a 

fiLlic  bakery.    (See  Forcellini,  Lex. ;  Dirksen, 

M^joMiky  s.  T. ;  and  Yoigt,  XIL  Tafeln,  ii.  §  84, 

a.  4.)  [G.  L]    [ELA-W.] 

MAXCIPA'TIO.    [MancipiumJ 

MA3fCrPII  CAUSA.  The  three  expressions 

Ij  which  the  Bmnana  distinguished  the  different 

S{«dcs  of  power  (manus  or  pctettas)  to  which  a 

free  penoB  might  be  subject  in  the  hands  of 

aaother,  were  in  patntate^  m  manu^  and  t»  man" 

Ofio  fjnt  em  (Gains,  L  138>    Thhs  last  kind  of 

p^wtt  arose  when  a  paterfamilias  tr^insferred  a 

nliaifamiliu  to  another  person  by  process  of 

KsadpatioD  [Mavcifium],  as  he  had  a  right  to 

do.    The  le^  effect  of  such  mancipation  was 

that  the  filins&milias  who  was  the  object  of  it 

ceased  to  be  in  the  power  of  his  paterfamilias, 

xs-i  came  into  the  manc^umf  or  power,  of  the 

icrson  to  whom  he  was  given  in  mancipation : 

<Aa«by  he  was  degrad^  to  a  servile  state, 

tadergoing   a    capMs  demimUio,     A  husband 

kii  the  sane  power  over  a  wife  m  fnamc,  for  she 

*»  fiUae  heo.    The  mancipation  was  in  form  a 

eiDTeysact  hy  sale,  and  it  cannot  be  doubted 

lut  at  one  time  the  right  of  selling  children  in 

tiii  vay  was  freely  exercised,  children  being 

ftcdlj  distinguisbcd    from    slaves  .  and  other 

fnpertj.     In  course    of  time,   however,  the 

«^t  of  the  mancipation  of  free  persons  became 

<^i4erably  modified   by  custom.      Generally 

fpetkiu^  such  mancipation  was  mere  matter  of 

tsTin  (djctt  gratia^  in  the  classical  period  of 

I>«taaa  Uw,  and  probably  from  a  much  earlier 

tBac;  the  form  being  used  in  order  to  free  a 

£ue£unilias    from   patria  poietUu    [Emangi- 

uno;  Ax)QFTio]|  and  was  not  intended  to  give 

^  penoD  to  whom  the  transfer  was  made  any 

Ral  power,  though  for  the  moment  until  manu- 

B>coB  the  person  mandpated  was  nominally  in 

■Aci^aiiisa,and  thus  suffered  oopiif is  dSniufNi^ 

(.'xiiu,  L  141)l    The  mandpation  came  only  to 

^  aed  for  the  purpose  of  creating  a  real  and 

^*rtag  OMas  mandpii  when    a    nliusfamilias 

vu  ionendcred  by  his  paterfamilias  to  some 

«e  00  soooont  of  a  delict  which   the  filius- 

hniUai  had  committed  against  the  surrenderee. 

^  power  exercised  over  persons  in  mandpii 

"■B  resembled  that  of  a  master  over  his  slaves 

i"Ac^).    Thus  Cicero  compares  the  position 

'^ipenon  m  mandpio  with  that  of  a  criminal 

««*ttoed   to  slavery  (j>ro   Caecin.  34,   98). 

^^  l&e  sisves  to  the  person  to  whom  they 

*^  traaiierred,  they  had  no  agnatic  rights  in 

^  iaoily,  and  tbey  were  manumitted  in  the 

*Be  vij  |g  slarce,  the  person  manumitting 


them  acquiring  thereby  a  kind  of  patronal 
relation  to  them.  Still  such  persons  were  not 
exactly  in  the  relation  of  slaves  to  the  persons 
to  whom  they  were  mandpated ;  thus  they  were 
to  some  extent  protected  from  the  ill-treatment 
of  the  latter  ^y  the  actio  injuriarum  which  they 
might  maintain  (Gains,  L  141) :  their  children 
were  not  in  mandpio,  according  to  Gains  (Gaius, 
L  135);  they  were  not  possessed  as  property 
(Gaius,  iL  90),  and  though  they  were  necessarii 
heredeSf  if  instituted  by  their  master,  they  had 
the  benefidum  datinendi  like  sui  heredes  (Gains, 
ii.  160).    [Hebes.] 

But  the  great  distinction  between  a  person  in 
mandpio  and  a  mandpium  or  slave  was  that 
whereas  a  slave  had  no  rights,  a  person  in 
manc^  was  only  in  a  servile  condition  in 
respect  to  the  person  to  whom  he  was  mand- 
pated, not  losing  his  general  status  as  a  freeman. 
The  semi-servile  position  of  persons  in  mandpio 
is  expressed  by  the  phrase  causa  mandpii. 

In  respect  of  property,  the  same  rule  applied 
to  persons  in  mandpio  as  to  other  persons  who 
were  eUieni  juris:  all  that  they  had  or  acquired 
belonged  to  the  person  in  whose  mandpium 
they  were,  ifandptum  was  put  an  end  to 
by  manumission  vtndtcto,  censu,  or  testamento. 
According  to  Gaius  (i.  140),  manumission 
censu  of  a  person  tn  mandpio  might  take 
place  without  the  consent  of  the  person  whose 
mandpium  was  taken  away;  but  this  was 
not  applicable  to  a  person  mancipated  on 
condition  of  remandpation  to  his  father,  or  to  a 
person  mancipated  ex  noxaii  causa;  that  is,  on 
account  of  his  delict  (Gains,  i.  140).  When, 
however,  a  person  surrendered  ex  noxaii  ccnua 
(noxae  datus},  had  made  satisfaction  for  the 
injury  he  had  committed,  the  person  noxae 
accipiens  might  be  compelled  to  make  a  reman- 
cipation  or  manumission  by  order  of  the  praetor. 
{Coilat.  ii.  3,  1 ;  Inst  Just.  4,  8,  3 :  cf.  Theoph. 
ad  he.)  The  limitations  of  the  Lex  Aelia  Sentia 
and  Fufia  Canidia  in  respect  to  the  manumission 
of  slaves  did  not  apply  to  this  kind  of  manu- 
mission. 

The  mandpium  was  put  an  end  to  by  reman- 
dpation to  the  father;  it  did  not  terminate 
ijao  jure,  but  always  required  some  act  of  re- 
mandpation or  manumission.  Justinian  put  an 
end  to  the  noxae  datio  in  the  case  of  children, 
which  indeed  before  his  time  had  fallen  into 
disuse,  (/fisf.  Just.  4,  8,  7 ;  Gains,  i.  116>123, 
138-141;  A.  Schmidt,  Die  PersMichkdt  d. 
Sklaven ;  Danz,  Geschichte  des  rdmischen  Rechts  ; 
Walter,  OeschichU  d.  Him.  BechU;  Backing, 
Pond.  Inst.  i.  §  48;  Kuntze,  Curtus  d.  R.  R. 
§§  796,  797.)  [E.  A.  W.] 

MA'NCIPI  BES.    [DoMiKiUM.] 

HANCITIUM,  or  according  to  an  earlier 
form  mancupium,  is  the  formal  legal  proceeding 
per  aes  et  Hbram,  by  which  power  and  dominion 
over  persons  and  over  things  was  transferred  by 
one  person  to  another.  The  word  in  this  sense 
is  of  ancient  origin,  and  occurs  in  the  Twelve 
Tables  (Dicksen,  Uebersicht,  &c.  p.  395 ;  Voigt, 
XII.  Tafeln,  ii.  §  84).  Cicero  only  uses  manci- 
pium,  but  Gains  and  other  writers  express  this 
act  of  transfer  by  the  more  modem  word  manct- 
patio,  which  is  in  its  conception  the  act  of  trans- 
fer regarded  from  the  side  of  the  purchaser  or 
person  qui  mandpat  [Mancefs],  as  emandpatio^ 
emandparCf  which  sometimes  mean  generally  a 


118 


MANCIPItJM 


conveyance  or  to  convey  per  aes  et  Uhram  (Qnin- 
til.  vi.  3  ;  Plin.  Ep.  ad  TraJ,  4,  3  ;  GelL  xv.  27, 
3),  refer  to  the  side  of  the  transferor ;  fiumcH 
pium  is  the  conveyance  regarded  as  an  act  both 
of  transferor  and  transferee  (Voigt,  /.  c).  The 
etymology  of  the  word  manoipium  h  the  same 
as  that  of  the  word  manoipatio,  of  which  Gains 
(i.  121)  saysy  ^  Mancipatio  dicitur  qnia  mann 
res  capitur."  The  term  manoipium^  then,  is 
derived  from  the  act  of  corporeal  apprehension 
of  the  thing  to  be  conveyed,  which  took  place 
in  this  process  of  transfer.  This  explanation  of 
the  origin  of  the  word,  which  is  adopted  by 
most  modem  writers,  is  rejected  by  Mr.  Mnir- 
head  (Introduction  to  the  Law  of  Rome^  p.  61), 
who  maintains  that  the  notion  of  mancipinm  is 
not  manu  oapere,  bnt  fiumum  oapere,  to  take  or 
acquire  by  transfer  power  or  dominion  over  per- 
sons and  things.  He  urges  as  an  objection  to  the 
common  etymology  that  there  was  no  taking 
with  the  hand  when  land  or  a  house  was  being 
conveyed,  for  the  parties  did  not  require  to  be 
near  them ;  and  there  could  be  none  in  the  man- 
cipation of  a  praedial  servitude,  for  it  was 
intangible.  This  criticism  is  based  on  the 
assumption,  that  the  law  on  the  subject  of  man- 
cipation, as  it  is  described  by  Gaius,  was  also  the 
law  of  earlier  times,  when  the  word  mandpimi 
was  first  formed ;  it  seems  probable,  however, 
that  a  taking  of  the  thing  or  of  some  part  of  it 
by  the  hand  was  at  first  required  in  every  ret 
manoipatio,  as  well  as  in  every  rei  vindioatio,  and 
that  it  was  subsequently  dispensed  with  in  the 
case  of  land  on  account  of  its  inconvenience. 
There  is  also  reason  to  suppose,  that  praedial 
rustic  servitudes  were  not  one  of  the  original 
objects  of  an  independent  mancipation. 

The  party  who  made  a  transfer  pursuant  to 
the  form  of  mancipation  was  said  fnandpib  dare ; 
he  to  whom  the  transfer  was  made  was  said 
mandpio  acdpere  (Plant.  Trin,  ii.  4,  18).  The 
verb  nurndpare  b  sometimes  used  as  equivalent 
to  mandpio  acdpere  (cf.  8chol.  Crug.  ad  Hor. 
Ep.  ii.  159 ;  **  mancipat :  mancipio  aocipit," 
Voigt,  /.  c).  Horace  uses  the  phrase  **  mand- 
pat  usus,"  which  is  not  an  unreasonable  licence ; 
he  means  to  say  that  twus  or  usucapion  has  the 
same  effect  as  mancipation,  which  is  true ;  but 
the  effect  in  case  of  usucapion  is  produced  by 
possession  for  a  certain  time,  when  the  possessor 
has  not  already  acquired  ownership  by  mancipa- 
tion or  other  title. 

Some  Latin  writers  who  lived  towahls  the 
close  of  the  Republic  appear  to  have  considered 
mandpiwn  to  be  a  species  of  nertim,  the  term 
neamm  being  used  by  thom  in  a  more  general 
sense  than  had  attached  to  it  in  earlier  times. 
According  to  Aelius  Gallus,  as  cited  by  Jestus 
(s.  V.  nexum\  everything  was  neoBum,  '<quod- 
cunque  per  aes  et  libram  geritur ; "  and  as  mand-' 
patio  was  effected  per  aes  et  librcmiy  it  was  conse- 
quently a  nexvm.  M.  Manilius,  as  cited  by 
Yarro  (Z.  L.  vii.  105),  attaches  the  same  com- 
prehensive sense  to  the  term  nexum,  Cicero 
(Top.  5,  28)  says  that  the  alienation  of  a  res 
mandpi  was  effected  either  by  traditio  nexu  or 
by  m  jure  cessio.  These  two  modes  correspond 
to  the  mandpatio  and  in  jure  cessio  of  Gains  (ii. 
41),  and  accordingly  mandpatio  (or  the  older 
term  manoupium)  is  equivalent  to  traditio  nexu. 

But,  as  we  see  from  a  passage  of  Varro  which 
contains  a  definition  of  nexwn  by  C.  Mndus 


MANGIPIUM 

Scaevola,  the  term  nexum  was,  properly  speak- 
ing, only  applicable  to  proceedings  per  aes  ei 
libram,  in  so  far  as  obligations  resulted  from 
them,  and  so  would  not  include  the  notion  of 
conveyance,  which  attaches  to  mandpkan,  (Van. 
L.  L.  vii.  5,  105:  <*(Q.  Muciu«)  nexum  (est), 
quae  per  aes  et  libram  fiant,  ut  obligentor, 
praeterquam  quae  mandpio  dentur  (Varr.): 
hoc  verius  esse  ipsnm  verbum  ostendit,  de  qno 
quaerit :  nam  id  est,  quod  obligatur  per  librsm 
neque  suum  fit;  inde  nexum  dictum.'*)  A 
nexwn  was,  however,  contained  in  a  rd  mam^ 
patio,  since  the  latter  proceeding,  besides  traos- 
ferring  ownership,  which  was  its  main  object, 
also  gave  rise  to  subsidiary  obligations.  Thus 
the  mandpio  dans  was  bound  to  warrant  tJ)« 
title  to  the  thing  conveyed  against  eviction,  and 
the  mandpio  acdpiens  might  be  bound  by  a 
Jiduda  attached  to  the  mandpation  to  reconvej 
the  thing  on  the  happening  of  some  condition. 
Hence  a  res  was  said  to  be  nexa  or  cbligata  which 
was  mancipated  subject  to  a  pledge  or  mortgage. 
Cicero  (de  ffarusp.  Besp.  7,  14)  indudes  in  the 
same  sentence  l>oth  the  jus  mandpH  and  the 
jus  next,  where  he  is  speaking  of  varioos  title» 
to  property.  He  may  mean  here  to  speak  of  the 
jus  mandpii  in  the  sense  of  title  by  absolute 
conveyance  as  contrasted  with  the  jtis  nexi  or 
title  by  mortgage.  (Cf.  Cic  de  Orat.  i.  38, 173; 
ad  Fam,  iv.  30.) 

The  forms  of  mancipations  are  described  by 
Gaius  (i.  119):  «<  Mancipatio  is  effected  in  the 
presence  of  not  less  than  five  witnesses,  who 
most  be  Roman  dtizens  and  of  the  age  of 
puberty  (pitAeres\  and  also  in  the  presence  of 
another  person  of  the  same  condition,  who  holds 
a  pair  of  brazen  scales,  and  hence  is  called  libri' 
pens.  The  purchaser  (qui  mandpio  acdpt) 
taking  hold  of  the  thing  says :  1  affirm  that  this 
slave  (homo)  is  mine  ex  jure  Quiritiwn,  sad  he  it 
purchased  by  me  with  this  piece  of  money  (aes), 
and  he  gives  it  to  the  seller  (d  a  quo  numc^ 
aodpii)  as  a  symbol  of  the  price  (quasi  pretH 
loooy*  The  same  account  of  the  matter  is 
given  more  briefly  by  Ulpian  (Frag.  xix.). 

Mandpation  was  instituted  at  a  time  when 
only  copper  money  was  in  use,  as  we  learn, 
^Gaius  says,  from  the  Twelve  Tables ;  and  it  also 
dates  from  a  time  when  money  was  wdghed  in 
scales,  there  being  no  coined  money  (Gains,  i. 
122),  though  subsequently  the  scales  were 
struck  with  a  coin.  Mancipation,  like  all  early 
conveyances,  is  of  a  public  or  semi-publlc  nature. 
It  was  not,  indeed,  as  was  injure  eessio,  execnted 
in  the  presence  of  a  magistratus,  but  the  five 
Roman  citizens  who  were  required  to  attest  it 
probably  stood  in  the  place  of  the  commuDity, 
and  their  number  may  have  been  originally 
intended  to  correspond  with  the  five  classes  into 
which  the  populus  was  divided  by  Servius. 

The  libripens  was  supposed  to  be  an  impartial 
third' person,  and  was  perhaps  at  one  time  desig- 
nated bv  some  public  authority.  We  do  not 
know  whether  the  scales  used  in  the  sale  were 
public  or  private ;  but  it  is  probable  that  there 
were  public  scales  in  the  market  to  enable  per- 
sons  to  mancipate  slaves  and  cattle.  Mr.  Moir- 
head  (Introd.,  &c.,  p.  58,  n.  10)  refers  to  a  state- 
ment of  Varro  (L.  L.  v.  183)  that  scalw  were 
still  preserved  in  his  time  in  the  temple  of 
Saturn. 

An  act  of  calling  the  attention  of  the  wit* 


MAKGIPIUII 

aesBB  U  ikt  execatioD  of  ike  numtii^aiion 
{jfiUslin)  is  mcDtiooed  (cf.  Buschke,  Juriaprud. 
MUj*a^  €.  Adim  6qUu$,  §  6) ;  but  whether  it 
V&5  perfivmed  hj  a  person  ezciosiTtly  employed 
for  titt  fupoeey  or  b j  one  of  the  parties  to  the 
m^xmftikti,  is  uncertain.  The  terms  antestarij 
a^tu^atvif  do  not  occur  in  Gains  and  Ulpian, 
^  It  is  d«ar  that  when  they  wrote  there  was 
30  spedftl  pcTMn  in  the  proceeding  known  as 

Tb«  description  which  Gains  gires  of  mand- 
pitica  shews  tbat  the  proceeding  consisted  of 
Ai  assertion  of  tiUe  to  the  thing  on  the  )>art  of 
'Ja  purchaser,  as  well  as  of  the  purchase  itself 
/IT  JO  d  Ubrtan,  This  assertion  of  title,  which 
r^>dd  in  its  tenna  according  to  the  character  of 
t^e  msadpstion,  corresponded  to  some  extent 
w:ih  the  claim  made  by  a  person  acquiring  a 
ttLAg  by  m  jnrt  onsio  (Gaiua,  ii.  34),  though  it 
tsa  made  before  witaeeses,  and  not  to  the  prae- 
t  r.  The  sale  per  aes  wt  Ubram  was  no  doubt  at 
Cist  &  real  one,  but  the  mandpatioa  was  con- 
ven^d  into  a  genaral  form  of  transfer  by  the 
uimal  payment  of  a  small  piece  of  copper  (ooi, 
rzidMS^  ramkuculum)^  the  adequacy  of  the  price 
pud  being  legally  immaterial.  Thus  Gains 
.ilii  ntmc^fotio  **imaginaria  quacdam  rendi- 
uo :"  for  though  the  law  requix«d  the  sale,  the 
real  cuse  of  tli«  transaction  was  outside  the 
aiaadpation,  and  might  just  as  well  be  gift  or 
ticvry  as  actual  aale.  The  cause  would,  how- 
t-Tvr,  appear  in  the  instrument,  which  was  gene* 
nllj  drawn  up  aa  a  record  of  title  (see  inscrip- 
uca  dted  by  Voigt,  ii  §  84,  n.  9). 

Tbe  esMutial  parts  of  the  formula  of  manci- 
pctioQ  might  be  accompanied  by  qualifications 
ca^ed  leget  mmdpu  (Cic.  dt  Or.  I  39,  178), 
vliick  would  be  obugatory  on  the  parties.  Thus 
BiadpatioBS  might  be  made  subject  to  a  trust 
iidncia)  of  remaadpation,  and  servitudes  might 
U  roerred  (dtdhtciio)  by  this  means.  Effect 
ns  giren  to  such  additional  terms  by  the  clause 
r  vf  the  TwdTe  Tables,  ^  Cum  nexum  fadet  man- 
cfr<«atque,  nti  lingni  nuaeupaasit,  ita  Jus  esto." 
^^  nHempaUa  was  the  dedamtion  of  the  terras 
'■f  the  mandpatioB  by  the  parties  to  the  oon- 
miaei.  In  Bomaa  law  of  the  dassical  period 
'&  vas  mote  nsoal  to  make  independent  core- 
■ats  eeneeniing  accessory  terms,  instead  of 
c^rperatang  them  in  the  mandpation  itself, 
^tttdpation  was  a  general  form  of  transfer,  and 
VM  Mt  only  used  in  the  conveyance  of  property, 
^t  ia  other  transactions,  aa  in  emandpation, 
>^<1)tion,  eo-enptlon.  Aa  to  the  application  of 
Ottc^atio  to  wills,  see  Tebtamesituii. 

MneipaHo  and  ta  Jvr€  o&etio  (a  conTeyance 
pfobahfy  of  later  origin  than  mandpation)  were 
t^  «bIy  means  of  transferring  ownership  reoog- 
B«d  br  the  Uw  of  the  TweWe  Tables.    After  a 
(ise,  howerer,  only  certain  kinds  of  things, 
•^Qcd  res  mcmc^  were  required  to  be  Con- 
veyed by  mandpatio,  other  res  (nee  manoipC) 
'^^  allowed  to  pass  by  mere  informal  delirery 
';  PMsession  (pxtHtio).    It  is  not  to  be  supposed 
'•^  the  d&Mt  of  this  change  was  to  prcTent  res 
'^  ^ndpi  being  transferred  by  mandpation, 
!:«iU  the  parties  to  a  conTeyance  wish  to  use 
'•is  fena ;  mandpation  seems,  m  fiust,  to  have 
>a  wiartimee  used  for  oonreying  important 
'J  vc  aMaa^'  (e^.  PUn.  ff.  N.  ix.  §  117),.  pro- 
^%  on  aecennt  of  ita  evidentiary  ralue  and 
^  vinaaty  ef  title  which  attached  to  it* 


MAlNGIPIUM 


119 


The  following  res  were  res  mancipi :— Lands 
and  houses  tn  Italico  solo,  praedial  rustic  servi- 
tudes, slaves,  oxen,  horses,  mules,  and  asses. 
(Gaius,  i.  120 ;  iL  15,  17.)    [DommuM.] 

Lands  (praedid)  might  be  transferred  by  man- 
dpation, though  the  parties  to  the  mancipation 
were  not  on  the  land;  but  all  other  things 
which  were  mandpated  were  only  transferable 
in  the  presence  of  the  parties.  The  purchaser 
or  person  to  whom  the  mandpatio  was  made  did 
not  in  the  time  of  the  classical  jurists  acquire 
possession  by  the  act  of  mandpation,  but  only 
ownership,  the  acquisition  ofpossesrion  being  a 
separate  act  (Gains,  iv.  181)  [POflBEano],  though 
as  a  matter  of  fact  the  transfer  of  ownership 
and  possession  would  generally  take  place  at  the 
same  time,  at  least  in  the  case  or  movables. 
The  conveyance  ot  a  res  manc^  by  informal 
delivery  only,  had  no  legal  effect  in  respect  of 
transfer  of  ownership  according  to  Jus  Ciyile, 
but  in  course  of  time  the  praetor  protected  a 
person  to  whom  a  res  mancipi  had  been  conveyed 
by  tradUio,  giving  him  the  same  security  as  if 
he  had  acquired  a  dvil  title  by  mancipation  (in 
bonis  rem  habere.  Gains,  ii.  40).  The  establish- 
ment of  a  praetorian  title  in  such  a  case  was  a 
great  step  towards  the  abolition  of  fnaaeijpnim  aa 
a  conveyance.  When  things  were  transferred  by 
mandpaHo  under  a  contract  of  sale,  the  vendor 
was  bound  to  warranty  in  double  of  the  amount 
of  the  thing  sold  (Paul.  £L  B.  ii.  17).  A  vendor 
therefore  who  had  a  doubtfU  title  would  not 
sell  by  mancipiumy  but  would  merely  transfer  by 
delivery,  and  leave  the  purchaser  to  acquire  the 
Quiritarian  ownership  of  the  thing  t^  usucapion 
(Plant.  Ourc,  Iv.  2,  9 ;  Persa,  iv.  3,  56).  Ac- 
cordingly Varro  observes  (R.  E,  iL  10)  that  if  a 
slave  was  not  transferred  by  maactpmin,  the 
seller  entered  into  a  sUpmhUo  dupli  to  be  en- 
forced by  the  buyer  in  the  case  of  eviction; 
when  the  transfer  was]  by  manctptum,  the  stipu- 
lation was  not  necessary. 

Mandpation,  an  institution  of  the  Jus  Civile, 
was  not  suited  to  the  customs  of  non-Italian 
people,  and  came  to  be  regarded  as  an  incon- 
venient form;  hence  it  gndually  lost  its  im- 
portance, and  in  Justinian's  legislation  was 
entirely  superseded  by  the  informal  conveyance 
iraditiOf  which  was  derived  from  the  Jus  Gen- 
tium (Cod.  Just.  1,  81:  "de  sublata  differentia 
rerum  mandpi  et  nee  mancipi.''  In  passages  of 
the  Corpus  Juris,  where  the  jurista  sp^  of 
mandpatio,  the  compilers  substitute  iraditio. 
The  last  mention  of  the  conveyance  occurs  in 
Vai,  Frag.  §813;  Hermog.  Cod.  7,  1\  Theod. 
Cod.  8, 12,  4,  5).  Mandpatio  ceased  also  to  be 
a  formality  in  adoption  and  emancipation; 

The  word'  manc^pium  is'usedin.a  cognate 
sense  te  the  above  as  equivalent  to  <Joniplete 
ownership,  and  may  thns  be  opposed'to'  ustis,  as 
in  a  passage  of  Lucretius  that  'has  often  been 
quoted  (iii.  971),  and  to  Frmsip^  (dc  ad  Fam, 
vii.  29,  30).  Sometimes  the  word  mandpium 
means  the  thing  manciplKted,'alid  hence  it  fre- 
quently signifies  a  slave,  as  bdng  a  most  impor- 
tant res  mandpi.  This  is  probably  the  sense  of 
the  word  in  Cicero  (Top.  5,  27)  and  certainly  in 
HorBoe'(^.  i.  6,  39).  (Brisson,  Antiq.i.  7; 
Giraiid,  Bidierches  swr  le  droit  de  propridte  dhex 
les  Rom.  i.  217,  Ac;  Ldst,  Mandpation  wnd 
Eigenthvmstradition,  rev.  by  Degenkolb,  KriL 
Viertdjahrschriftj  vol.  xx.  p.  481- ;  Deiters,.€b 


120 


MANDATUM 


mancipat.  indole  et  ambiiu ;  Bechmann,  Kctuf,  i. 
47,  &c.;  Kuntre,  Excurse,  167,  &c.;  Voigt, 
JCIL  Taf^n,  ii.  §§  84-88 ;  Ihering.  Qeiat,  ii. 
§  46 ;  Maine's  Ancient  Law,  p.  318.)  [E.  A.  W.] 

MANDA'TUM.  1.  Mandaiwn,  "a  com- 
mission/' is  the  name  of  a  contract  which  arises 
from  consent ;  t.tf.  it  requires  no  special  form  of 
words,  no  entry  in  a  ledger,  no  passing  of 
property  or  of  the  possession  of  property  from 
one  party  to  the  other:  as  soon  as  the  two 
parties  have  mutually  agreed,  the  one  to  employ 
the  other,  and  the  other  to  be  so  employed,  the 
legal  relation  exists,  subject  howeyer  to  two 
conditions.  The  employment  must  be  one  which 
is  not  merely  for  the  benefit  of  the  person 
employed,  and  payment  for  the  service  must  not 
be  part  of  the  agreement.  If  payment  is  in- 
tended, the  contract  is  hiring  (locatio,  conductio), 
not  mandate :  if  A  suggests  to  B  to  do  something 
in  B's  own  interest  solely,  A's  instructions  are 
held  to  amount  merely  to  advice  (oonn/ium),  on 
which  no  legal  responsibility  is  incurred  (Dig. 
17,  1,  2,  6).  On  the  other  hand,  if  B  does  some 
act  for  A  and  in  A's  interest,  without  previous 
instructions,  B  may  have  an  action  to  recover 
his  expenses,  but  this  action  is  a  special  one 
founded  simply  on  the  business  done  (negotiorum 
gestorum :  cf.  Dig.  3,  5,  2,  &c.).  The  person 
who  gives  a  commission  is  called  mandator  or 
mandans;  the  person  who  undertakes  the  com- 
mission is  called  m  qui  iuacipity  or  redpU, 
mandatumj  ctU  mandatum  etty  &c.  (in  modem 
Latin,  memdatarius,  *'  mandatee  ").  The  man- 
datee  is  bound  to  execute  the  commission  dili- 
gently and  faithfully,  or  else  to  renounce  it  in 
time  to  prevent  loss  to  the  mandator  (Dig.  17, 
1,  22,  11).  He  is  to  account  to  him  for  all 
profit  arising  from  it.  For  any  expense  or  loss 
properly  incurred,  or  strictly  incidental,  the 
mandator  is  liable.  The  mimdator's  right  of 
action  to  enforce  fulfilment  of  the  mandatee's 
obligations  to  him  is  actio  numdati:  the  man- 
datee's  action  to  obtain  reimbursement  is  actio 
mandati  contraria.  As  a  rule  the  mandate  is 
extinguished  by  the  death  of  either  party,  at 
least  if  the  event  be  known  to  the  other  party 
and  the  commission  be  yet  unexecuted.  But 
rights  arising  from  a  commission  may  be  enforoe<l 
by  or  against  the  heirs  of  either  party  (Dig.  17, 
1,  58,  pr.).  This  rule,  however,  seems  in  early 
times  to  have  been  doubtful ;  M.  Drusus,  the 
city  praetor  (under  what  circumstances  we  know 
AotX  refusing  the  right  of  action  and  Sex.  Julius 
(a  successor  ?)  granting  it  (Auct.  ad  Heren.  ii.  13, 
§  19).  Either  party  adjudged  guilty  of  breach 
of  good  faith  became  thereby  disgraced,  igno- 
miAibstM  (Gains,  iv.  182),  ih/amia  notatur  (Edict. 
ap.  Dig.  3,  2,  1;  S>,  6,  5).  So  Cicero  says, 
'*  mandati  constitntum  est  indicium  non  minus 
turpe  quam  f urti "  (i?ose.  Am.  38,  111  sqg,)\ 
and  the  heir  was  eventually  held  responsible 
for  fraud  on  the  part  of  his  predecessor  (Dig.  44, 
7. 12). 

A  special  case  of  mandate,  called  by  modem 
lawyers  mandatum  qualificatum,  is  a  request 
from  A  to  B  to  lend  C  money.  A  was  taken  to 
guarantee  payment,  and  B  (the  creditor)  had,  if 
the  debtor  failed  to  pay,  an  action  on  the 
mandate  (act,  m.  contraria)  against  A  to  recover 
the  money,  and  then  in  return  ceded  to  him  the 
creditor's  right  of  action  on  the  loan.  A  surety  i 
proper  (fidejusaor),  on    the   other   hand,  was  | 


MANIGA 

regarded  as  assuming  the  responsibility  at  tb« 
instance  of  the  debtor,  and,  if  forced  to  pay  the 
debt  of  his  principal,  had  an  action  of  mandate 
against  him  (Gains,  iii.  127).  Hence  mandatcns 
and  fidejussores  are  often  discussed  together, 
though  their  legal  positions  were  different  iu 
seveml  respects  (e,g.  Dig.  17, 1,  28 ;  37;  46,  1, 
&c). 
The  principal  authorities  are  Cic  JSosc.  Am. 

I.  c ;  Gains,  iii.  155  aqq. ;  Dig.  17,  1 ;  46, 1  ; 
Cod.  iv.  35,  36 ;  Inst.  iu.  26. 

2.  Mandata  is  technically  used  of  the  **  com- 
mission "  or  instructions  given,  especially  to 
provincial  governors,  by  the  emperor.  These 
were  very  various  and  related  to  their  ov-n 
conduct  (e.g.  Dig.  1, 16,  6,  3 ;  32,  1,  4),  or  to 
their  administration  (e.g.  Dig.  87,  14,  7, 1 ;  47, 

II,  6;  22,  1),  or  even  established  new  rules  ot' 
private  law :  e.g.  the  validity  of  a  soldier's  will, 
though  not  in  due  form  (Dig.  29,  1,  1).  Th«a« 
instructions,  like  the  Edicts,  appear  by  frequent 
repetition  to  have  assumed  the  character  of 
standing  orders  (cf.  Dig.  29,  4) ;  and  Justinian 
A.D.  535  further  consolidated  some  such  in- 
structions into  what  is  now  called  the  17th 
Novel.  Pliny  in  his  letters  to  Trajan  refers  to 
them  (Ep.  97,  §  7 ;  111,  112).  Cicero  appliM 
the  term  to  a  legate's  instructions  (de  Leg.  iii.  K 
18);  and  Frontinus  (Aquaed.  110,  111)  quoUi 
from  a  chapter  of  the  Instructions  (ex  capitf 
mandatorwn)  rules  for  the  use  of  water  from  the 
Italian  aqueducts  (cf.  Cod.  i.  85;  Rudorff,  £.  G. 
i.  56).  [a  J.  R] 

MANDRAK    [Latbuncull] 
MA'NDYAS  (fuu^hias).    [Lacerna.] 
MANES.    See  Diet,  of  Greek  and  Bom.  Bio- 
graphy and  Mythology. 
MANGKXNES.    [Servus.] 
MA'NICA,  a  sleeve,  regarded  as  effeminate 
until  the  later  Empire.      Verg.  Aen.  iz.  6I(>, 
**  Et  tunicae  manicas  et  habent  redimicula  mitrae 
0  vere   Phrygiae,"  and  Gell.  vi.  12,  "Tuniris 
uti  virum  prolixis  ultra  brachia  et  usque  in 
primores  manns  ac  prope  digitos  Bomae  atqne 
omni  in  Latio  indecorum  fuit."     But  the  fashion 
changed,  *^  Talares  et  manicatas  tunicas  habere 
apud  Komanos  veteres  flagitium  erat  nunc  sutem 
honesto  loco  natis,  cum  tunicati  sunt  non  ea« 
habere    fiagitium    est."      (Auguatin.  de  doct 
Christ:   iii.   20.)      Besides  the   use  of  sleerei 
sewed  to  the   tunic,  which,   when  so  manu- 
factured, was  called  chiridata  or  manicata  tunics 
(Curt.  iii.  7,  p.  12,  ed.  Zumpt),  sleeves  were  also 
worn  as  a  separate  part  of  the  dress.    Psllsdius 
(de  Be  Bust.  i.  43)  mentions  the  propriety  of  | 
providing   ocreas   manieasque  de  pellUmj  i-^j 
leggings  and  sleeves  made  of  hides,  as  useful 
both  to  the  huntsman  and  to  the  agricultural 
labourer.    The  Roman  gladiators  wore,  together 
with  greaves,  a  sleeve  of  an  appropriate  kind  on 
the  right  arm  and  hand  (Juv.  vi.  255),  as  » 
exhibited  in  the  woodcuts  under  Gladiator. 

These  parts  of  dress  are  mentioned  tog«th«r 
even  as  early  as  the  Homeric  age  (see  Od.  xxiy* 
228,  229).  In  this  passage  the  manicae  (x^iP'' 
9et)  seem  to  be  fingerless  gloves,  worn  on  the 
hands  to  protect  them  from  briars  and  tboroi ; 
and  Eustathius,  in  his  commentary  on  the  other 
passage,  distinguishes  between  these  and  glo^f^ 
which  he  calls  x<iP^8«'  iatcrvkwral  (p.  1^*^  » 
imt.).  The  x<(p2f  ir\^a  apyvpiou  was  probably 
not  (as  in  Liddell  and  Scott)  a  ileere,  but  a 


MANIPULU8 

katbtn  ^0T«,  Iik€  that  in  the  Odyssey,  nsed  as 
a  pune. 

Glores  vith  fingers  (dUgiiaUa,  Yarro,  de  Be 
KaL  1 55)  were  worn  among  the  Romans  for 
tbe  j)erfflnaaDoe  of  certain  manual  operations. 
FlisT  toe  jonnger  refers  also   to  the  use  uf 
ixjBkai  in  irinter  to  protect  the  hands  from 
cojd  {EpisL  iii.  5).    Those  used  by  the  Persians 
nr«  probably  made  of  fur,  perhaps  resembling 
Eftfi:  tbe  Penians  also  wore  gloves  in  winter 
iJkgrwk^^pWLj  Xen.  Cyrop.  Tiii.  3,  §  17).     In  an 
fescmention  of  the  instruments  of  torture  used 
la  tJie  fourth  century  of  the  Christian  era  we 
oU^rre  ''the  glove"  (Synes.  Upist.  58);  pro- 
bably SB  iron  glove  for  crushing  the  lumd,  as 
tiK^  boot  "did  the  leg. 

Handffifls  were  called  tnanicoff.  (Verg.  Georg. 
rr.  4^9 ;  Jm.  ii.  146  ;— Plant.  Asin.  ii.  2,  38  ; 
Cift  iii.  5, 1 ;  Mott.  v.  1, 17  ; — ^Non.  Marcellus, 

In  Locaxu  iiL  565,  manioa  is  used  ai  equivalent 
t>  Miirus  Ferbea.  [J.  T.l    [G.  E.  M.] 

3IANITULUS ;  MANIlPULA'BES ;  MA- 
XIPLXA'RIL    [ExERcrrus,  Vol.  1.  p.  783.] 

MA'NSIO  (irraBiUs).  When  the  kings  of 
Penia,  and  afterwards  the  Romans,  constructed 
tiK  great  roada  through  their  empires,  there 
Estonily  sprung  up  certain  resting-places. 
There  travellers  atayed  for  the  night,  or  re- 
freshed thamaelvea.  The  term  <rra$fi6s,  which 
Dhmanly  meant  a  lonely  habitation  for  shep- 
^ods  and  thsir  flocks,  was  applied  by  the 
Gmka  to  thcM  stations.  Herodotus  (v.  52) 
grrcs  a  full  aoommt  of  the  royal  road  which 
Tin  from  Soidei  to  Susa  (and  from  Sardes 
to  Kphwoa»  Al  ▼.  54).  There  were  stations 
icd  hahisg-placea  (oraBfuA  fiatriK'hUn  jcol  leara- 
Xinct)  aU  along  it,  20  within  the  limits  of 
Ilixygia  and  Lydia,  a  distance  of  94}  parasangs 
(iUqi  320  English  miles);  in  Cappadoda,  a 
Stance  of  104  parasangs,  there  were  28 
ttatioos ;  in  Gllicia,  a  distance  of  15}  parasangs, 
t3«n  were  3 ;  in  Armenia,  in  a  space  of  56} 
ivmngs,  then  were  15,  and  so  on, making  111 
«^«i^  in  all.  The  whole  distance  is  estimated 
St  13,500  stades,  so  that  the  average  number  of 
staccs  in  cadk  stathmns  was  about  121,  or  just 
4  ptruangs  (lew  than  14  English  miles).  But 
^'  Herodotoa  {loc  cd.)  puts  the  average  day's 
jasraejat  150  stades,  it  is  evidelit  that  the 
«utbiu  were  frequently  a  less  distance  apart 
tisa  a  usual  daj^s  journey.  As  a  matter  of 
i»A  the  day's  journey  varied  in  different  regions, 
*y  Herodotua,  when  discussing  the  extent  of 
^•.Tthia  Qr.  101),  makes  the  day's  journey 
'-Qtsmi  to  200  stades.  It  is  plain  from  Hero- 
^'tu  (he.  at)  and  Xenophon  (^Anab,  i.  2)  that 
ta«  itathmi  were  situated  at  very  irregular 
iriervals.  Hie  term  ffroBfihs  naturally  came 
to  be  mod  of  the  distance  or  stage  between  the 
^altiag-places.  Hence  Herodotus,  to  distinguish 
x^  halting-places  themselves,  uses  in  one  place 
^  phrase  saTaTsryol  crdSfiAyf  in  another 
^tiiui  autafmyifp.  Xenophon,  who  employs 
^id^  as  a  measure  of  distance,  finds  it 
^*oaaMrjf  on  account  of  the  varying  distances 
^v«ea  the  stopping-places,  to  specify  the 
^Viber  of  porasaogd  in  every  case.  These 
-^Hiag.placcs,  which  were  naturally  situated  at 
^1«  and  well-watered  spots,  would  be  more 
v^Btrotis  in  the  more  fertile  regions:  cf. 
^yijaeaos  (vii.  40, 1)^  riff  UtpatZoSy  Ma  K&fAtu 


MAKSIO 


121 


woAXal  jcol  Xcc^s  wokbs  Ktd  trraSfJuoi  itoKKoU 
There  would  be  in  those  places  inns  for  the 
accommodation  of  travellers  (KorcUv/ua,  iroi^do- 
JccDoy).  As  the  great  ancient  roads  of  Asia  still 
form  the  main  highways  for  caravans,  there 
is  every  probability  that  the  modern  Khan  or 
Caravanserai  represents  the  ancient  KariKvfAO. 
The  Khan  is  usually  a  square  building,  enclosing 
a  large  open  court,  surrounded  by  balconies 
with  a  series  of  doors,  entering  into  plain  un- 
furnished apartments,  and  often  with  a  fountain 
in  the  middle  of  the  court.  The  Great  King 
seems  sometimes  to  have  settled  conquered 
peoples  in  these  stations;  for  instance,  Darius 
planted  the  captive  Eretrians  at  Ardericca  (ri}s 
Kiaciris  x^P^*  KCproiKier§  iv  irraBfif  iuurm),  r^ 
oCyofid  iariv  'AptdpuacOf  Herod,  vi.  119). 
Treatises,  or  handbooks  to  these  aroBfwlf  were 
composed,  one  by  Baeto  (Atbenaeus,  x.  442  b, 
Ba(r»y  6  'AXcldi'Bpov  /3i};iaricrr^t  iy  r^  iweyfKt' 
^fidvfp  Sto^/mo)  t^s  *A\§^dtf9pov  iroptiai),  and 
another  by  Amyntas,  called  simply  ol  TiraBfwl 
(id.  t6.)  or^ToBfwi  lltpffiKoi  (id.  ii.  67  a),  or  ol 
rris  'Aalas  oraBfAoi  (id.  xL  500  d).  An'ian 
{Anab.  i.  2,  1)  uses  trraOfihs  as  a  definite 
measure  of  distance  without  any  reference  to 
ptirasangs  or  stades  (jardx^i  Si  oSrof  kwh  rod 
"Iffrpav^  its  M  rhf  Mfioy  l<{Kri  araS/iohs  rptis). 
From  this  it  would  appear  that  some  average 
day's  journey  was  taken  as  a  ixraB/xds.  Hero- 
dotus (viiu  98),  speaking  of  the  Persian  couriers 
(Ay^apoi),  tells  us  that  the  road  was  divided 
into  portions,  corresponding  to  the  distance  that 
a  man  and  horse  could  traverse  in  a  day  (at  a 
high  rate  of  speed),  and  Xenophon  {Cyrop. 
viii.  6,  17)  ascribes  this  institution  to  Cyrus, 
who,  having  found  out  what  distance  a  horse 
could  do  in  a  day,  divided  the  roads  into 
corresponding  stages,  built  stables  (Jhnr&¥ts% 
placed  oonriera  and  horses,  and  a  man  in  charge 
at  each  station. 

When  Augustus  organised  the  Roman  empire, 
he  establish^!  an  Imperial  Postal  System  (Suet. 
Aug.  49),  which  conveyed  despatches  from 
station  to  station  by  means  of  couriers,  who 
were  called  under  the  Empire  SpeculatoreSf 
corresponding  to  the  iabeUarii  of  the  Republican 

Eeriod.     (Tac.  Hist.  ii.  73;  Suet.  Cal.  44;  cf. 
iv.  xxxi.  24.)    For  this  purpose  the  stations 
{stationes)  were  divided  intomansibites  and  muta- 
twnes.    The  former  were  places  where  travellers 
rested  for  the  night  (cf.  Hor.  Sat.  i.  5, 9,  manswri 
oppkhUOf  for  this  use  of  manere)j  and  where 
there  were  inns  (deversonum^  caupona,  hospitiuniy 
tabema\  or  stopped  for  refr(»diment ;  there  were 
often  likewise  houses  {palatia)  for  the  accommo- 
dation   of   the    provincial    governors,    or  the 
emperor  himself,  in  case  he  passed  that  way. 
The  mtUationes  (cf.  the  late  Greek  oKXayal) 
were  mere  posting-houses  for  the  changing  of 
horses.      The  woi^    mansio,  from    meaning  a 
stopping-place  at  the  end  of  a  day's  journey, 
came  to  be  used  like  trroBfjihs  as  a  measure  of 
distance  (Suet.   Tib.   10,   "deinde  ad  primam 
statim  mansionem  febrim  nactus ;  "  Plin.  ff.  i^. 
xii.   §  52,  "a  quo  [monte']   octo  roansionibus 
distat  regio  ").    There  were  usually  four  or  five 
mtUationes  to  one  mansio.     The  Itinerariwn  a 
Bwdigala  Hienualem  usque,  a  guide-book  com- 
posed about  the  time  of  Constantine  the  Great, 
mentions  in  order  the  numsiones  from  Bordeaux 
to  Jerusalem,  with  the  intervening  mutattoneSf 


122 


MANTELB 


and  the  more  considerable  plaoes  near  the  road, 
which  are  called  either  dvitateSf  vidf  or  OMtella, 
and  the  distances  are  given  in  leagues  (leugae) 
or  miles  (mt/ta).  [Compare  CuBSUB '  Publi- 
c's.] [W.  Ri.] 

MAKTETiE,  in  the  imperial  times,  was  a 
table-doth,  but  originally,  as  its  etymology 
shows,  was  a  towel  or  napkin  nsed  by  priests  at 
sacrifices  (Serv.  ad  Am.  i.  701 ;  OTid.  Fa^,  iv. 
933)  and  by  gnests  at  a  banquet.  It  is  natural 
that  the  antique  use  of  the  word  should  be  found 
in  accounts  of  sacrifices,  and  in  Virgil  (flecrg, 
iv.  377 ;  Am,  i.  701X  where  we  find  the  woollen 
mautele,  with  soft  and  eren  nap  (ionsif  matUeiia 
villis),  used  to  wipe  the  hands  when  water  was 
poured  over  them  before  the  feast  [see  Mappa]  : 
so  Isidore,  Or.  19,  26,  6,  says,  **  Mantelia  nunc 
pro  operiendis  mensis  sunt,  quae,  ut  nomen  ipsnm 
indicat,  olim  tergendis  manibus  praebebantur." 
For  the  newer  fashion  of  using  a  table-cloth 
(mantele),  see  Martial,  zii.  29,  12;  xiv.  138. 
After  Hadrian's  time  it  was  the  custom  to  use 
table-cloths  of  costly  material  and  embroidery 
(Lamprid.  Blsliog,  27;  Aiex.  3ev.  37).  We  may 
gather  from  Horace  {8aL  ii.  8, 10)  that  no  table- 
doth  was  used  in  his  time,  and  no  doubt  the 
fashion  of  giving  extravagant  prices  for  dining- 
tables  of  a  beautiful  grain  arose  at  a  time  when 
the  table  was  fully  shown.  In  fact,  there  is  no 
mention  of  the  covering  of  the  table  earlier  than 
the  passage  dted  from  Martial,  and,  when  this 
custom  arose,  the  name  of  the  larger  or  sacrifidal 
napkin  was  adopted  for  the  table-cloth  (see  Mar- 
quardt,  Prtfw«i6«i,  312).  [W.  S.]    [G.  E.  M.] 

MA'NTIGA  (rfipa,  maxof),  properly  a 
hand-bag,  a  wallet  or  travelling  bag,  in  which  a 
few  necessaries  could  be  carried.  It  was  carried 
in  the  hand  or  slung  over  the  shoulder  (Appul. 
Met.  i.  60;  Catull.  22,  21;  Pers.  4,  24),  or 
strapped  on  behind  the  saddle  of  the  horse, 
**  mantica  cui  lumbos  onere  ulceret "  (Hor.  &tt. 
i.  6,  106).  The  later  word  ctwrta  was  a  larger 
sort  of  saddle-bag,  usually  of  leather.  Either 
would  suffice  to  carry,  besides  provisions,  what- 
ever change  of  clothes  the  poorer  traveller 
needed.  The  rich  entrusted  their  luggage  to 
the  attendant  slaves,  who  packed  it  up  in 
bundles.  Thus  the  Greek  arp^^/uera  (Arist. 
Av.  616;  San.  12X  carried  on  a  journey  by 
the  slave,  means  a  roll  of  clothes  as  well  as 
bedding;  and  these  were  also  more  methodi- 
cally packed  in  a  erfw^tor^Sftr/cor,  or  large 
bag.  (Plat.  Theaet.  p.  175  E;  Aesch.  Faia.  Leg, 
§  99;  Poll.  vii.  79;  Rutherford,  New  Phryn, 
p.  487.)  [G.  E.  M.] 

MA'NTIKE  (fiLaPTucdy    [DiVlNATiO.] 

MANU'BIAE.    [Spoua.] 

MANUM,   CONVENTIO   IN.     [Matbi- 

XONIUM,  p.  138J 

MANUMI'SSIO  was  a  legal  act  by  which 
slaves  and  persons  in  mandpii  catcsa  wen  re- 
leased from  the  manus  or  power  of  their  masters, 
thereby  acquiring  freedom  (Dig.  1,  1,  4,  pr.; 
Inst.  1,  5,  pr.).  Accordingly  the  word  manu^ 
missio  is  equivalent  to  «  or  cfe  manu  nu98io  (cf. 
Vdgt,  27/.  Tafeln,  ii.  §  77,  n.  2).  There  were 
three  modes  of  effecting  a  legal  manumission 
according  to^  Jus  Civile  {ju8ta  et  kgiUma  mcmii- 
missia), — ^namely^^'noficto,  omsiM,  and  testa- 
menhifn,— ^which  are>B«merated  both  by  Gaius 
(i.  17)  and  Ulptan  (^Frag.  1)  as  necessary  in  order 
to  free  a  slave  and  make  him  cvm  (cf.  Cic.  Top. 


MANUMI68IO 

2,  10;  and  Plant.  Cku.  ii.  8,  68).  Of  these  the 
manumusio  vindicta  was  probably  the  oldest  and, 
at  one  time,  the  only  mode  of  manumission. 
It  is  mentioned  by  Livy  (ii.  5)  as  in  use  at  an 
early  period,  and  indeed  he  states  that  some 
persons  refer  the  origin  of  the  vindicta  to  the 
event  there  related,  and  derive  its  name  from 
vindicitu:  the  latter  part  at  least  of  this  suppo- 
sition is  of  no  value. 

Manumissio  by  the  vindicta  was  originally  an 
action  between  a  third  person,  who  vindicated 
the  freedom  of  the  slave  to  be  manumitted  be- 
fore the  praetor,  and  the  master  of  the  slave, 
who  was  in  the  position  of  defendant  The 
form  of  the  vindicta  supposes,  not  that  th« 
person  manumitted  was  a  slave,  but  that  he 
was  a  person  whose  freedom  (libertas)  was  the 
matter  in  issue.  Thus  it  had  for  its  professed 
object  the  maintenance  of  a  previously  aoqoired 
status,  and  not  the  conversion  of  a  slave  into  a 
freeman.  The  proceeding  before  the  magis- 
tratus  was  in  form  an  assertion  of  the  slsTe'i 
freedom  (manu  aaserere  liberaii  causa,  Plant. 
Foen.  iv.  2,  83\  to  which  the  owner  made  no 
defence,  but  allowed  the  slave  to  be  declared  by 
the  magistratus  a  freeman. 

The  proceeding  then  was  a  spedes  of  in  iure 
cestioj  and  was  in  fact  a  collusive  action,  which 
was  based  on  the  fiction  of  the  slave's  freedom. 
When  the  magistratus  had  pronounced  in  favour 
of  freedom  ex  jure  gturtYmm,  there  could  be  no 
further  dispute  about  the  libertcu  or  about  the 
civitaa  which  was  attached  to  iibertas.  The 
slave  had  been  manumitted  with  the  consent  of 
the  master  bv  the  act  of  the  magistratus.  The 
ceremonv  of  the  manumissio  by  the  vindicta 
was  as  rollowB : — ^The  master  brought  his  slare 
before  the  praetor,  since  it  was  hia  province  to 
exercise  jurisdiction  in  dvil  causes.  The 
praetor's  lictor,  who  came  to  be  used  as  ad- 
sertor  lUbertatia^  in  order  to  save  the  trouble  of 
bringing  a  person  to  take  this  part^  holding  a 
rod  (twuficto  or  feztwx»)  with  one  hand,  and 
with  the  other  laying  hold  of  the  slave,  said, 
**  Hunc  ego  hominem  ex  jure  quiritium  liberum 
esse  aio,"  at  the  same  time  touching  him  with 
the  rod ;  the  master  then  using  the  same  for- 
malities, and  turning  the  slave  round  and  re- 
leasing his  hold  of  him,  as  seems  to  have  been 
the  custom  ("  memento  turbinia  exit  Marcns 
Dama,"  Pers.  8at,  v.  78),  admitted  his  freedom, 
either  expressly  or  by  his  silence,  which  wag 
followed  by  the  prontmtiatio  of  the  magis- 
tratus, *'Quandoque  Numerius  Kegidius  non 
contra  vindicat,  hunc  ego  hominem  ex  jnre 
quiritium  liberum  esse  dico." 

Addioere  is  the  technical  term  to  express  this 
act  of  a  magistratus  by  which  he  pronounced  in 
favour  of  a  right,  in  this  case  a  right  to  free- 
dom ;  it  is  io  nsed  by  Cicero  in  respect  of  mano- 
mission  (ad  Att  vii.  2 ;  cf.  Gains,  ii.  24).  This 
form  of  manumission  derived  its  name  from  the 
vindicta  or  rod,  otherwise  called  festuca^  which 
was  used  in  the  proceeding  (Plaut.  Mil.  iv.  1, 15 ; 
Hor.  Sat.  ii.  7,  76 ;  Pers.  v.  125 ;  Gains,  iv.  16> 
In  course  of  time  the  formalities  of  mamanissio 
per  vindictam  wen  very  much  curtailed.  The 
master  ceased  to  act  as  if  he  were  party  to  an 
action  (Dig.  40,  2,  23),  and  the  presence  of  the 
lictor  became  unnecessary.  All  that  seems  to 
have  been  required  in  the  time  of  Justinian  was 
that  the  master  should  take  his  slave  •before  the 


HAKUUIBSIO 

magktntni,  wli€MTer  the  latter  was  to  be 
foimid,~it  night  be  in  the  public  road  (in 
trsnaitm),  m  when  the  praetor  or  proconsul  was 
gocng  to  the  hath  or  to  the  theatre,— and  that 
he  shigold  declare  to  the  magiatratus  his  desire 
to  hef«  the  slare  manumitted  (Gains,  i.  20 ;  Dig. 
4(12,8). 

The  xaannmiaaion  by  the  eentua  is  thus  briefl  j 
dcKrihed  by  Ulpian  (1,  8) :  *^  Slares  were  for- 
Bciy  manumitted  by  census,  when    at    the 
lostzal  eensoa  {hutraii  anu»)at  Rome  they  gave 
ia  their  ccnsns  at  the  bidding  of  their  masters." 
The  slaTe  must  of  course  hare  had  a  sufficient 
/wariMm,  or  the  master  must  hare  given  him 
property,  ao  that  he  might  become  a  taxpayer. 
MmwHJnio    per  omsiim,    like  mtmwnUuh  per 
nM&tem,  was  not  in  form  a  manumission,  but 
suppo8i«d  the  aUre  to  he  Already  free.    It  was 
the  act  of  the  censor  in  enrolling  the  slave  on 
the  list  of  citisens,  which  gave  validity  to  the 
Bsanmission,  just  as  mammUstio  per  vmcUctam 
VIS  ejected   by  the  additiio  of  the  praetor. 
Cono  tells  ns  Umt  there  was  a  question  of  law 
wfaetlher  a  slave  should  be  considered  free  im- 
mediately on  being  entered  on  the  censor's  roll, 
or  not  ontil  the  lustrum  was  celebrated  (Cic.  de 
Or.  i.  40,  183;   see  Cbmvob);  and  this  was  a 
matter  of  soma  importance,  for  his  acquisi- 
tioas  were  only  his  own  from  the  time  when  he 


MANUMISSIO 


123 


per  eensmm  seems  to  have  been  a 
mode  of  manumitting  persons  «i  meoi- 
cipiOf  who  had  been  surrendeSred  on  account  of 
their  ofienoea  (noaeae  dedtH),  and  this  form  of 
nnttumissioii  may  have  been  first  used  for  the 
porpoee  of  maamnitting  such  persons  (Qaius,  i. 
140;  cf.  Voigt,  XIL  Tafeln,  ii.  §  14S,  n.  15; 
lUaam  Cauba).  The  republican  institution 
of  the  eensns  bacttne  obsolete  under  the  Empire, 
lad  with  it  this  mode  of  manumission ;  the  last 
Inetran  waa  under  Vespasian,  A.D.  74,  up  to 
vkkh  tame  since  the  beginning  of  the  Christian 
va  only  two  had  taken  place. 

The  law  of  the  Twelve  Tables  confirmed  free- 
dom which  was  given  by  wilL  The  earliest 
wills  were  made  in  the  Comitia,  and  so  testa- 
Bcotary  manumission  may  at  first  have  implied 
s  legislative  act,  but  the  teetamewhan  per  aet  et 
lAmif  which  was  recognised  by  the  Twelve 
Tables,  and  which  gradually  superseded  the 
tntammtum  ealatit  comUae^  was  not  executed 
before  any  public  authority,  though  the  wit- 


rsquired  for  its  validity  may  have  been 
regaided  aa    representatives    of  the   populus. 

[TESTAJUS«TOIi.J 

There  came  to  be  three  kinds  of  testamentarr 
maainniaaion : — 1.  Where  a  master  by  his  will 
aiade  a  slav«  free  and  appointed  him  keree. 
2.  Where  a  master  gave  his  slave  a  direct  legacy 
ef  his  fiffwlom  3.  Where  a  person  requested 
kis  heir  or  legatee  to  manumit  a  slave. 

1.  A  testator  might  declare  in  his  will  that 
Us  slave  should  be  free  and  Keree^  in  which  case 
^  the  death  of  the  testator  the  'slave  became 
both  free  and  ibsres,  whether  he  wished  to 
adertake  the  liabilities  of  the  succession  or  not 
(sMsnrms  heree,  Gaioa,  ii  153 ;  Ulp.  Frag.  22, 
11);  it  was  common  to  manumit  a  slave  and 
^{^poiBt  him  heree  in  a  substitutional  clause,  in 
«iff  to  make  intestacy  impossible. 

Aeooiding  to  the  law  of  Justinian,  the  ap- 
psistacBt  of  a  slave  as  kerei  by  his  master  was 


sufficient  to  show  an  intention  to  manumit, 
without  any  express  declaration  of  freedom, 
since  a  slave  could  not  become  heree, 

2.  Where  freedom  was  given  to  a  slave  as  a 
legatumy  the  slave  acquired  his  freedom  by  the 
act  of  the  testator,  and  this  from  the  moment 
that  the  will  took  effect,  if  the  bequest  was 
absolute.  A  testamentary  manumission  might, 
however,  be  made  subject  to  a  suspensive 
condition,  in  this  respect  differing  from  manu- 
mission per  trimUciam  or  per  oetuum,  A  slave  who 
was  made  conditionally  free  by  testament  was 
caUed  statu  liber  (Festus,  314^  67 ;  Ulp.  Fragm. 
2, 1 ;  Dig.  40, 7, 1) ;  until  the  condition  was  ful- 
filled, he  was  the  slave  of  the  heree.  If  a  stcKtu 
liber  was  sold  by  the  Acres,  or  if  the  ownership  of 
him  passed  to  some  one  else  by  usucapion,  he 
had  still  the  benefit  of  the  condition ;  a  condition 
to  this  effect  being  contained  in  the  law  of  the  «: 
Twelve  Tables.  Although  the  etaiu  liber  was 
legally  a  slave,  the  peculium  which  he  poesessed 
at  the  death  of  the  testator  and  all  subsequent 
acquisitions  derived  from  it  could  not  be  taken 
from  him  by  the  herea^  and  might  be  used  by 
him  in  order  to  fulfil  the  condition  of  his 
freedom,  if  this  consisted,  as  was  not  un- 
frequently  the  case,  in  the  payment  of  a  sum 
of  money  to  the  heree.  A  slave  who  was  made 
free  directo  was  called  orcinus  libertus,  because 
he  had  been  made  free  by  a  person  who  was 
dead.  (Cf.  the  application  by  Suetonius, 
Aug.  35,  of  the  term  orcmi  to  certain  senators 
of  a  low  dass.) 

3.  Where  a  slave  was  manumitted  by  an 
heir  or  legatee  at  the  request  of  the  testator, 
the  will  of  the  deceased  only  operated  indirectly ; 
the  slave  did  not  become  libertui  orcitats  on 
manumission,  but  was  the  libertue  of  the  heir 
or  legatee  who  manumitted  him.  If  the 
person  who  was  requested  to  manumit  refused, 
he  might  be  compelled  to  manumit  on  applica- 
tion to  the  praot<»>.  A  man  might  request  his 
heres  or  legatee  not  only  to  manumit  his  own 
slaves,  but  also  slaves  belonging  to  the  ?terea  or 
legatee  or  to  any  other  person.  In  case  of 
libertaa  being  thus  given  to  the  slave  of  any 
other  person,  the  gift  of  libertas  was  ex- 
tinguished, if  the  owner  would  not  sell  the 
slave  at  a  fair  price. 

The  legal  act  of  manumission  was  often 
followed  by  a  religious  ceremony  in  the  temple 
of  Feronia,  where  the  freedman  appeared  cUd 
in  the  toga  or  dress  of  a  Roman  citizen,  and 
with  a  pileus,  or  particular  kind  of  cap,  on  his 
shaven  head.  Thla  last  circumstance  explaina 
the  expression  ''servos  ad  pileum  vocare" 
(Liv.  xxiv.  82),  which  means  to  promise  slaves 
their  liberty  in  order  to  induce  them  to  join 
in  some  civil  disturbance  (cf.  Plant.  Ampk. 
iii.  4^  16 ;  Poen.  v.  2, 2 ;  Serr.ad  Aen,  viii.  564). 
The  pileus  was  still  worn  in  the  time  ef 
Justinian,  since  he  declares  that  slaves  who 
attend  the  funeral  of  their  master  with  the  cap 
of  freedom  on  their  heads  (pUeati)  become 
Boman  citisens  (Cod.  7,  6,  1,  §  5). 

Manumissionacoording  to  the  forms  recognised 
bv  the  civil  law  not  only  made  a  slave  free,  but 
also  eifris.  Besides  the  due  observance  of  the 
legal  forms,  however,  it  was  required  that  the 
mannmissor  should  have  quiritarian  ownership 
of  the  slave,  and  that  he  should  be  of  legal 
capacity  to  perform  the  act  of  manumission., 


124 


MANUMISSIO 


MANUS  INJEOTIO 


If  a  slave  belonged  to  a  person,  bat  only  nnder 
a  praetorian  title,  he  became  Latinus  and  not 
civis  on  manumission.  [Latinitas.]  If  several 
persons  were  joint  owners  of  a  slave,  and  one 
of  them  manumitted  him  in  such  form  as 
would  have  effected  complete  manumission,  if 
the  slave  had  been  the  sole  property  of  the 
manumissor,  such  manumissor  lost  his  share 
in  him,  which  accrued  to  the  other  joint 
owner  or  joint  owners.  Justinian  enacted  that, 
if  only  one  joint  owner  was  willing  to  manumit 
a  slave,  the  others  might  be  compelled  to  manu- 
mit on  receiving  the  price  fixed  by  law  for  their 
shares.  If  one  person  had  the  usufructua  and 
another  the  ownership  (jorqprietaa)  of  a  slave, 
and  the  slave  was  manumitted  by  the  proprie- 
tarius,  he  did  not  become  free  till  the  tMu- 
fructus  had  expired:  in  the  meantime  there 
was  no  legal  owner  (dominus). 

The  modes  of  manumission  above  described 
were  of  a  formal  and  public  character,  but  in 
tiourae  of  time  other  ways  of  giving  freedom  to 
A  slave  of  an  informal  and  private  kind  came 
to  be  recognised.  Thus  a  form  of  manumission 
inter  amicos  is  referred  to  by  Gains  and  Ulpian 
<Gaius,  i.  41,  44;  Ulp.  Fragm.  1,  10,  18), 
which  was  a  declaration  of  a  slave's  freedom 
made  by  his  master  in  the  presence  of  friends, 
or  it  mizht  be  done  by  inviting  the  slave  to 
table,  or  by  writing  a  letter  to  an  absent  slave. 
These  were  not  manumissions  recognised  by  the 
Jus  Civile,  and  so  originally  had  no  legal  effect ; 
but  afler  a  time  the  praetor  protected  the 
liberty  of  slaves  who  had  been  made  free  in 
this  manner,  so  that  they  were  free  in  fact  (in 
iibertate  esse)^  though  they  had  not  the  legal 
status  of  freemen  (liberos  esse).  The  Lex  Junta 
Norbana  gave  then  the  status  called  Latinitas 
(Xez  Junia  Norbana  ;  Latinitas]  ;  finally 
under  Justinian  these  manumissions  were  given 
the  same  effect  as  those,  belonging  to  Jus  Civile, 
but  it  was  required  that  they  should  be  attested 
by  6ve  witnesses  (Cod.  7,  6,  1,  §  1).  A  new 
form  of  manumission-— manumissib  in  eoclesiis — 
was  established  by  the  Church,  and  first 
recognised  by  a  constitution  of  Constantine, 
A.D.  316  (Cod.  1,  13):  this  manumission  was 
carried  out  before  the  bishop  in  the  presence  of 
the  congregation. 

A  manunUssio  sacrontm  causa  is  sometimes 
mentioned  as  a  kind  of  manumission,  whereas 
the  words  sacrorum  causa  point  to  the  cause 
and  not  to  the  mode  of  manumission.  (Festus, 
s.  w.  Manumiitif  Puri;  Savigny,  Zeitschrifty 
vol.  iii.  p.  402.)  A  manumission  by  adoption 
is  spoken  of  (Gell.  v.  19;  Inst.  1,  11,  12); 
the  form  of  adoption  required  the  intervention 
of  a  magistratus. 

Laws  were  passed  under  the  early  emperors 
for  the  purpose  of  preventing  the  degradation 
of  civitas  by  an  incautious  exercise  of  the  right 
of  manumission.  The  Lex  Aelia  Sentia  laid 
various  restrictions  on  manumission  [Lex  Aelia 
Sentia],  particularly  as  to  the  age  of  the 
person  manumitting,  which  was  raised  from 
fourteen  to  twenty,  and  as  to  the  age  of  the 
fliave,  which  was  required  to  be  thirty,  as  a 
general  rule,  in  order  to  qualify  him  to  become 
eitis.  Moreover  it  prevented  slaves  who  had 
suffered  an  infamous  punishment  from  becoming 
civeSf  and  declared  manumusions  in  fraud  of 
creditors  void.    The   lex  was  almost  entirely 


repealed  by  Justinian,  who  abolished  the  division 
of  freedmen  into  eives,  Latinij  and  dedUidif 
making  all  freedmen  cites.  The  Lex  Fnfia 
Caninia  fixed  limits  to  the  number  of  slsTei 
who  could  be  manumitted  by  will ;  the  funerals 
of  the  wealthy  being  often  attended  by  a  large 
number  of  freedmen,  who  had  been  manumitted 
by  the  deceased  to  the  injury  of  their  inherit- 
ance. The  number  allowed  to  be  manumitted 
in  this  way  was  a  hal^  one-third,  one-fonrth, 
and  one-fifth  of  the  whole  number  that  the 
testator  possessed,  according  to  a  scale  fixed  by 
the  lex.  As  its  provisions  only  applied  to  cases 
where  a  man  had  more  than  two  slaves,  the 
owner  of  one  slave  or  two  slaves  was  not 
affected  by  this  lex.  The  exact  date  of  the  lav 
is  doubtful,  but  there  is  ^ome  evidence  to  show 
that  it  was  passed  A.D.  8;  several  senatus> 
consulta  were  passed  to  prevent  evasions  of  it 
(Siieton.  Aug.  40;  Gains,  i.  42-46).  This  lex 
was  repealed  by  Justinian  (Cod.  5,  3).  A  tax 
was  levied  on  manumission  by  a  Lex  Manlia, 
B.G.  357 ;  it  consisted  of  the  twentieth  part  of 
the  value  of  the  slave,  hence  called  vicesima 
(Liv.  vii.  16,  xxviL  10 ;  Qc.  ad  Att.  ii.  16). 

Manumission  was  as  a  rule  optional  on  the 
part  of  a  master,  but  in  some  cases  it  was 
obligatory,  as  in  the  case  of  a  master  treating 
his  slave  with  extreme  crnelty,  according  to  a 
constitution  of  Antoninus  Pius  (Gains,  i.  53). 
The  act  of  manumission,  which  made  the  slare 
a  new  man,  established  the  relation  of  patrcnus 
and  iiberius  between  the  manumisBor  and  mann- 
mitted,  which  was  a  quasi-parental  relation 
[LiBERTUS ;  Patbonus].  When  manumitted  by 
a  citizen,  the  libertus  took  the  praenomen  and 
the  gentile  name  of  the  manumissor,  and  became 
in  a  sense  a  member  of  the  gens  of  his  patron. 
.  Freedmen  who  became  cives  enjoyed  public 
as  well  as  private  rights,  but  subject  to  variooi 
drawbacks.  They  had  not  the  jus  hanorum,  and 
they  could  only  vote  in  one  of  the  four  tribus 
urbanaef  not  in  the  tribus  rusticaCf  though 
various  attempts  were  made  to  f^ive  them  a 
better  suffrage.  [Libertus;  Civitas.]  (Dig. 
40,  1,  4;  Holtzman,  de  Emanc.  Jur.  BonL  d 
Hod. ;  Becker,  Alt.  ii.  1,  65 ;  Unterholsner  in 
Zeitschr.  f.  Gesch.  Rechtswiss.  ii.  1391 ;  Keller, 
Inst.  211,  &c.)  [G.  L.]     [E.  A.  W.] 

MANUS  FE'RREA.  [Harpago.] 
MANUS  INJE'CTIO  is  a  kind  of  legalised 
self-help,  which  consbts  in  a  claimant  laying 
hands  on  and  arresting  the  person  subject  to  his 
claim,  according  to  the  forms  of  early  prooedare. 
Manus  injectio  is  used  to  signify  either  (1)  an 
arrest  of  this  kind  made  out  of  court,  and 
(2)  an  arrest  carried  out  in  court  before  the 
magistratus,  which  is  the  strict  sense  of  the 
term. 

1.  The  seizure  of  a  slave  by  his  master  is 
called  manus  injectio ;  e.g.  the  act  of  Claudios 
in  seizing  Virginia  is  so  described  (Liv.  iii.  44). 
A  plaintiff  might  bring  a  defendant  into  court 
by  manus  injectio^  if  the  latter  refused  to  obey 
his  in  jus  vocatio  or  summons ;  and  in  the  case 
of  a  judgment  debtor  or  person  in  the  position 
of  a  judgment  debtor,  he  could  do  this  without 
any  in  jus  vocatio. 

2.  Manus  injectio^  carried  out  in  court  before 
the  magistratus,  is  the  process  of  execution  for 
debt  according  to  the  law  of  the  Twelve  Tables ;  ^ 
it  is  one  of  the  five  forms  of  legis  actiOj  and  as 


HANUS  INJECnO 


MAPPA 


125 


rack  it  ikichbcd  by  Gains  (iv.  12>    The  law  of 
the  Tvclre  Tables  relating  to  it  is  cited  and 
expliiMd  in  a  well-known  passage  of  Gellius 
>  (xx.  !>    It  appears  from  these  sources  that  a 
debtor  vko  had  formallT  acknowledged  his  debt 
lad  s/odgment  debtor  had  thirty  days  allowed 
tfioa  to  mak«  payment,  and  after  that  time 
W&9  liable   to   arrest  at  the  hands  of  their 
crvditAT  and  to  be  brought  into  court  (**  aeris 
conind  rebusqne  jure  judicatis   triginta  dies 
psti  snnto.      Post  deinde  manus  injectio  esto. 
In  jus  dacito,"  GelL  /.  c).    Both  parties  being 
before  the  magistratna,  the  creditor  addressed 
the  debtor  as  follows :  **  Quod  tn  mihi  judicatus 
(sire  dasmatas)  es    sestertinm    decern    milia, 
qcaadoquc  non  soWisti,  ob  earn  rem  ego   tibi 
sestertinm     decern    milium    judicati     mauum 
iDJido  **  (Gaina^  L  c.) ;  and  he  at  the  same  time 
laid  hold  of  some  part  of  the  debtor's  body, 
wiiich  was  the  act  of  mamu  injectio.   The  debtor 
WM  not  allowed  to  resist  the  arrest  and  main- 
tsin  an  action  (mamim  sibi  depeUere  et  pro  se 
lege  agere) :  all  he  could  do  was  to  proride  a 
Rsponsible   substitute    called  vindex  {qai  vtm 
didt^  who   oonld  resist   (panum  depeUere  or 
nasA^orv)  and  carry  on  an  action  as  defendant. 
The  debtor  waa  released,  it  seems,  by  such  inter- 
Ttatwn  on  hia  behalf,  and  the  vindex  liable  if 
his  ddence  waa  unsuccessful  (cf.  Lir.  vi.  14). 
In  de£sult  of  a  rindez,  the  creditor  might  carry 
the  debtor  to  his   house  {domwn  ducere),  and 
keep  him  in  confinement  for  siity  days,  during 
which  time  the  debtor's  name  and  the  amount 
of  iiis  debt  were  proclaimed  at  three  successive 
markets  (wwmfc'nae).     This  domum  dvcHo  prob- 
acy required  an  order  of  the  magistratus,  which 
would  be  gircn  as  a  matter  of  conrq^,  supposing 
the  judgment  or -acknowledgment  to  have  been 
proved  (Lex  Ruhr.  cc.  21,  22).      During  this 
period  of  sixty  days,  the  debtor  was  not  a  slave, 
bet  he  waa  kept  in  chains,  which  could  not  be 
above  a  certain  weight  (**  qnindecim  pondo,  ne 
majore,  ant  at  volet,  minore,   vincito ") ;    the 
cT^tor  being  bound  to  supply  him  with  a  bare 
Biaintenance,  if  he  did  not  keep  himself.    ("  Si 
Tolet,siiovivito.  Ni  sno  vivit,  qui  eom  vinctum 
babebit,  libraa  £arris  endo  dies  dato.    Si  volet, 
pies  dato.*^      If  there  was  no  •  arrangement 
between  the  parties,  and  the  debtor  did  not  pay 
bis  debt  or  anyone  on  his  behalf,  he  suffered  a 
9asma  oapUis  dbnmirf»o,  and  might  be  put  to 
death  or  sold  as  a  slave  beyond  the  Tiber,  all 
bis  property  passing  to  his  creditor,  and  when 
there  were  aereral  joint  creditors  being  divided 
a&ongst  them  (as  to  the  difierent  interpreta- 
tions  of  the  words  partiM  aeoaaUOf  see  Nezum). 
Recording  to  some  writers,  there  was  an  addictio 
or  magisterial  assignment  of  the  debtor  to  the 
oeditor  at  the  end  of  the  sixty  days ;  but  there 
h  BO  mention  in  our  authorities  of  any  reappear- 
aaee  of  the  parties  in  court,  and  it  is  perhaps 
better  to  suppose  that  a  conditional  assignment 
vas  contained  in  the  original  order  of  the  magis- 
tiatua.    Persons  who  contracted  a  money  debt 
bf  sensn,  which  was  a  formal  proceeding  per 
set  et  libnan  in  the  presence  of  witnesses,  were 
probably  considered  to  have  made  a  sufficiently 
pobiie  admowledgment  of  their  debt,  and  so  may 
^n  been  liable  at  once  to  mantis  mjectio  on 
^•Wt ;  but  the  opinion  of  some  writers  that  no 
pscation  or  proceedings  in  court  were  necessary 
a  this  case  cannot  be  supported,  nor  can  it  be 


shown  that  any  part  of  the  ordinary  process  was 
omitted. 

Manua  injectio  was   not  applicable  for  the 
enforcement  of   any  but  a  liquidated  money 
claim;     and   was   confined   under   the  Twelve     ^ 
Tables  to  jvdioati,  damrycxti^  and  confetti.     In 
course  of  time,   however,   some  other  debtors 
were  put  either  wholly  or  partly  on  the  same 
footing  as  judicati  (Gains,  iv.  22--25).     The  Lex 
Publilia,  evidently  following  the  analogy  of  the 
Twelve  Tables,  allowed  the  manua  injectio  in  the 
case  of  money  paid  by  a  sponsor,  if  the  sponsor 
was  not  repaid  in  six  months.    The  Lex  yuria 
de  sponsu  allowed   it  against   him  who   had 
exacted  from  a  sponsor  more  than  his  just  pro* 
portion  (viriiit  pare).     These  and  other  leges 
allowed  the  manua  injectio  pro  judicato  ;  that  is, 
treated  the  debt  as  if  it  were  a  ree  judicata^ 
Other  leges  granted  the  maniis  injectio  pura ; 
that  is,  non  pro  judicato,  as  the  Lex  Furia  testa* 
mentaria  and  the  Lex  Marcia  adversus  fenera- 
tores.     But  in  these  cases  the  defendant  might 
resist  the  manus  injectio  {nianum  aibi  depellere\ 
and  defend  his  cause ;  but  it  would  appear  that 
he  could   only  relieve  himself  from  the  manus 
injectiOy  by  actually  undertaking  to  defend  him- 
self by  legal  means.     Accordinglv  it  was  in 
these  cases  an  execution,  if  the  defendant  chose 
to  let  it  be  so ;  if  he  did  not,  it  was  the  same  as 
serving  him  with  process  to  appear  before  the 
praetor.     In  course  of  time  a  law  was  passed 
called  the  Lex  Vallia,  by  which  every  manus 
injectio  was  made  jmro,  except  in  the  cases  of 
judicatus  and  of  a  person  whose  debt  had  been 
paid  by  his  sponsor  (is  pro  quo  depenaum  eat)  ; 
and  consequently  in  the  two  latter  cases,  even 
after  the    passing   of   this  lex,  an    insolvent 
person  could  only  escape  arrest  by  finding  a 
vindex.    The  Lex  Poetelia  had  previously  put 
an  end  to  manua  injectio  on  account  of  nestvnu 
This  form  of  execution  for  debt  was  however 
put  an  end  to  by  the  Lex  Aebutia,  which  partly 
abolished  the  legia  actio  procedure.    A  dramatic 
scene  of  mantis  injectio  is  portrayed  on  a  sarco- 
phagus at  Rome  (Voigt,  i.  63,  n.  3;  Helbig, 
Builet.  deir  Inat.  1866,  90,  &c).     (Keller,  Der 
r&m,  Civilproceaa,  §§  19,  83;   Bethmann-Holl- 
weg,  Der  rOmiache  Cinilproceaa^  vol.  i.   §  45 ; 
Bekker,    Die    Aktionen   d,    rOm.    Frivatrechtaf 
vol.  i. ;  Karlowa,  Der  rOm.  CivUproceaa  z,  Zeit. 
d,  legia  adionia ;  Buschke,  Nexum,  p.  79,  &c. ; 
Savigny,  Daa  Alt'Bdm,  Schvldrechtf  Verm.  Schr. 
vol.  ii.  p.  369  ;  Voigt,  XII,  Tafeln,  1,  $§  63-65; 
Muirhead,  Soman  Law,  §  36.)  [£.  A.  W.] 

MAPPA  (xcip^fuiicTpor,  iicfiayuoy),  a  linen 
napkin.  Among  Greeks  and  Romans  alike, 
before  the  meal  began  and  after  it  was  over, 
means  were  provided  for  washing  the  hands  of 
the  guests.  A  slave  carried  round  a  basin 
(ma//tivitfm,  iruUeum,  polubnon ;  in  Greek,  Ki^Sy 
%ip9v^f  X*tp^t^*'irrpoy),  which  he  held  under  the 
hands  to  receive  the  water  poured  over  them 
from  a  jug  (uroeolua,  Tp6xovs) ;  and  the  slave 
who  poured  iht  water  carried  also  a  napkin  er 
towel  to  wipe  the  hands  dry :  Karh,  x^H'^^  t^p, 
wcLpdanftara  rh  x*<P^MAicTpor  (Arist.  ap,  Athen. 
ix.  p.  410.  See  Hom.  //.  xxiv.  304 ;  Od,i,  136 ; 
Plat.  Symp,  p.  175  A,  &c>.  But,  besides  this,  as 
forks  are  a  modem  invention  of  the  14th  century, 
it  was  necessary  that  the  guests  should  often 
wipe  their  fingers  during  the  meal :  for  this  pur- 
pose the  Greels  used,  not  napkins,  but  pieces  of 


126 


MABGUS 


bread,  called  itwofiay9a?aal (Poll.  yi.  93 ;  Enstath. 
ad  Od.  xix.  92).  Herodotus  (iv.  64)  mentions  a 
ghastly  practice  of  the  Scythians,  who  used  the 
scalps  of  their  enemies  as  &rofury8aXca( :  «id 
PUny  (ff.  K.  vii.  §  12)  says  that  the  Scythian 
Anthropophagi,  besides  making  drinking  caps 
from  the  skulls  of  their  slain  enemies  (compare 
the  story  of  the  Lombard  Alboin,  Gibbon,  vol. 
v.^  339),  also  nsed  the  scalps  pro  mcmtelibus 
(  =  mappis)  ante  pectora.  From  *'  ante  pectora  " 
it  may  he  seen  that  the  napkin  was  sometimes 
tucked  under  the  chin,  like  a  bib,  according  to 
a  £uhion  still  lingering  in  some  countries. 
The  mappa  in  Horace's  time  was  provided 
by  the  host  (Hor.  Sat,  U.  4,  81 ;  Varr.  L.  X. 
ix.  47);  but,  as  far  as  we  have  evidence,  it 
was  the  custom  in  Martial's  time  for  the 
guests  to  bring  their  own  napkins  (see  Mart, 
xii.  29);  and  the  same  is  implied  by  the 
fact  that  persons  whose  rank  entitled  them  to 
the  laiua  ciavus  had  it  embroidered  as  a  border 
to  the  mappa  (Mart.  iv.  46X  and  also  by  what 
we  are  told  of  mean-spirited  guests  carrying  off 
food  from  the  dinner  table  wrapped  in  their 
napkin  (Mart.  ii.  37;  Petron.  66).  We  hear 
of  napkins  in  the  time  of  Heliogabalus  em- 
broidered with  gold  (Lamprid.  Meliog,  27  ;  Alex, 
8m,  37,  40).  Athenaens  (ix.  p.  479)  speaks  of 
gaily-coloured  napkins  worn  by  women  as  a 
head-dress,  like  a  handkerchief.  In  the  circus 
the  signal  for  starting  a  race  was  ^ven  by  the 
presiding  consul  or  praetor  dropping  a  white 
napkin  (hence  *^cretata  mappa").  From  this 
the  Megalesian  games  are  called  epectacuia 
Megalesiacae  mappae  (Juv.  zi.  193):  compare 
Tertullian  {SpecL  16),  "mappam  missam  pu- 
tant,  sed  est  diaboli  ab  alto  praedpitati  figura." 
(Of.  also  Mart.  xii.  29;  Suet.  Ner.  22.) 
^Compare  above  Mantele  ;  and  see  Marquardt, 
J'rivatlebeuj  p.  313;  Becker-GOU,  Galbu^  liL 
389.)  rW.  S.]    [G.E.M.] 

MABCUS.    [Malleus.] 

MARIS  (jidpiSj  ftdfniff  Hesyoh.  ftdpierrov),  a 
Greek  measure  of  capacity,  which,  according  to 
Pollux  (x.  184)  and  Aristotle  (ffist.  An,  viii.  9), 
contained  6  cotylae  (or  nearly  3  pints).  Poly- 
aenus  (iv.  3,  §  32)  mentions  a  much  larger 
measure  of  the  same  name  containing  10  congii, 
or  nearly  8  gallons,    f  Cotyla.]  [P.  S.] 

MABBA  was  apparently  a  sort  of  single- 
headed  pick-axe,  perhaps  heavier  and  with  a 
broader  head  than  the  ligo^  for  Columella  (x.  72) 
applies  the  epithet  lata  to  the  marra :  its  use 
for  breaking  up  the  hard  ground  in  preparation 
for  lighter  digging  and  hoeing  is  sufficiently 
shown  by  Col.  x.  88  (quoted  by  Mayor  on 
Juvenal,  xv.  166),  **  mox  bene  cum  glaebie  viva- 
cem  cespitis  herbam  contundat  marrae  vel  fracti 
dente  ligonis  .  •  .  tunc  quoque  trita  solo  splen- 
dentia  sarcula  sumat  angustosque  foros  adverse 
limite  ducens  rursns  in  obliquum  distinguat 
tramite  parvo."  In  Plin.  xviii.  §  147,  it  is  pre- 
scribed for  cleaning  the  ground  of  weeds  too 
strong  and  obstinate  to  be  got  out  by  the  hoe, 
ploughing  being  the  last  resource,  if  the  weeds 
beat  even  the  msrra.  The  contrast  of  the  marra 
with  the  dens  fracti  ligonis  in  the  passage  quoted 
from  Columella  suggests  that  its  head  had  a 
smooth  blade,  not  indented  or  split  into  two 
prongs.  [G.  E.  M.] 

MABSUTIUM  OM^MT^ioy,  $aXdmoy\  a 
purse.     (Non.  Marcellns,  «.  v.;   Varro,  de  Me 


MABTYBIA 

Must.  m.  17  ;— Plant.  Men.  ii.  1,  29 ;  u.  3,  33, 
35  ;  V.  7,  47 ;  Foeu.  iii.  6,  37  ;  Mud.  v.  2,  26;— 
Xen.  Conviv,  iv.  2.)  The  word  is  a  diminatire 
of  ftdpffamtj  a  bag,  which  occurs  in  Xen.  AmA, 
iv.  3,  11,  as  a  clothes-bag,  equivalent  to  erpmfi^ 
rSi9ir/ios,  Marsupium,  therefore^  is  strictly  a 
small  bag  or  pouch. 

The  purse  used  by  the 
ancients  was  commonly  asmall 
leathern  bag,  and  was  often 
closed  by  being  drawn  to* 
gether  at  the  mouth  (<r^* 
woffra  fiakJufTuif  Plat.  8ymp. 
p.  190  D).  Mercury  is  com* 
monly  represented  holding 
one  in  his  hand,  of  which  the 
annexed  woodcut  from  an  in-       

tagUoii.th.Sto«*Coll«aon    "•"SS^!!!!?* 
at  Berlm  presents  an  example. 
For  journeys  and  campaigns,  the  safer  girdle- 
purse  (jccnd)  was  used.     (See  also  Crdme5A, 
Zona.)  [J.  T.]    [G.  E.MJ 

MA'BSTAS.    [COLOiriA,  Vol.  L  p.  481  a.] 
MABTIA'LES  LUDL   [LuDi  MabHales.] 
MABTIAUS  PLAMEN.    [Flambn] 
MABTY'BIA  (pyrvpla)  signifies   strictly 
the  deposition  of  a  witness  in  a  court  of  justice, 
though  the  word  is  applied  metaphorically  to 
all  kinds  of  testimony.    We  shall  here  explsis— 
1,  what  persons  were  competent  to  be  witnenes 
at  Athens ;   2,  what  was  the  nature  of  their 
obligation;  3,  in  what  manner  their  evidence 
was  given;  4>  what  was  the  punishment  for 
giving  false  evidence. 

The  capacity  to  give  evidence  was  regarded 
more  as  a  privilege  of  the  witness  than  as  t 
right  of  justice.  Hence  it  was  limited  to  free- 
men, m^es,  and  adults.  The  incapacity  of 
women  and  minors  may  be  inferred  from  the 
general  policy  of  the  Athenian  law:  thus  s 
woman  or  a  child  oould  make  no  ooDtrscU 
beyond  the  value  of  a  bushel  Qi&tfufos)  of 
barley,  ia.  for  the  barest  necessaries  of  life 
risae.  Or.  10  lAHstareh.},  §  10;  Schoi.  Aristopk. 
iooles,  1025 ;  Harpocr.,  Phot.,  Suid.,  s.  v.  hi 
muSi  fcol  yvrauct).  A  woman  could,  howerer, 
take  an  oath  if  tendered  to  her  by  challenge 
(vptfieXifO'ii) ;  and  this  oath  had  an  evidentiary 
value,  beine  in  fact  a  substitute  ibr  evidence. 
It  differed,  nowever,  beoiuse  the  consent  of  the 
adversary  was  required  before  it  could  be  tsken. 
For  an  example  of  this  kind  o£  oath  tendered 
and  refused,  see  Dem.  e.  Aphob.  iii.  p.  853,  §  26; 
tendered  and  taken,  o.  Boeot.  de  Dot.  p.  995,  §  S, 
<toi\fem.p.l011,§10.  (Cf.DiAKTETAB,p.623a; 
Thalheim,  Mechtsalterth,  p.  8;  Lipsius,  AtL 
Frooess,  pp.  876,  900.) 

Slaves  were  not  allowed  to  give  evideoet, 
unless  upon  examination  by  torture  (fidawos)', 
nor  were  female  slaves  exempted  (Dem.  e.  4/^ 
iii.  p.  852,  §  25>  There  appears  to  have  been 
one  exception  to  this  rule :  a  slave  mi|ht  be  a 
witness  against  a  freeman  in  oases  of  murder 
(Antiph.  de  coed.  Herod.  §  48>  The  snggeetion 
of  Platner  (Prooess  und  Khgen,  p.  215)  thai 
fjMpTvpeip  is  here  equivalent  to  ^i^r^tr,  "  lay  an 
information,"  is  rejected  both  by  Sch5maon  and 
by  Lipsius  (Att.  Prooess,  p.  876  n.).  The  party 
who  wished  to  obtain  the  evidence  of  a  sia^ 
belonging  to  his  opponent  challenged  him  to 
give  up  the  slave  to  be  examined  (^{jfrcifkr 
SovAor).    The  challenge  was  called  vpott^^^^- 


3CABTYBIA 

Tbe  owMr,  if  he  gare  him  up,  was  said  ^icSoSi^oi 

or  iiifMiBorrni      Bat  he  was  not  obliged  so  to 

do,  and  the  general  piactice  was  to  refuse  to 

pjt  9f  fUves,   which    perhaps   arose    from 

iaiBiaitf ,  thongh  the  opponent  always  ascribed 

it  u  a  iear  lest  the  troth  should  be  elicited. 

The  oniors  a&cted  to  consider  the  evid^cs 

<i(  ilarss  wrong  from  them  bj  tortore  more 

TiJasbk  and  troatwortb j  than  Uint  of  freemen ; 

^st  it  most  be  obsenred,  they  alwajs  ose  this 

argameat  when  the  slave  had  not  been  examined. 

(OoBflsth. c  J|pAo6.  iii  p.  848,  §  13;  c  OwL  L 

Ik  874^  §  37  ;  Hodtwalcker,  tUber  die  DiSteten, 

p.44£) 

CStiisBs  who  had  been  diBfranehised  (^i/mv* 
^cpm)  eoold  not  appear  as  witnesses  (any  more 
than  as  jorors  or  plainti&)  in  a  coort  of  justice ; 
&r  thfty  had  lost  all  hoaoorable  rights  and 
piinlegcs  (Dem*  c.  Mid.  p.  645,  §  95 ;  c.  Ncaer» 
p.  1353,  |§  26,  27).  SUte  debtors  were  not 
aQowed  to  bring  actions  (Isae.  Or.  10  {Arigtarck.^ 
§  I'O ;  Dcm.  c.  MO.  p.  542,  §  87 ;  perhaps  also 
c  Sicottr,  p.  1251,  §  14  ff.),  bot  had  apparently 
tometimes  a  locui  standi  in  their  own  defence ; 
tike  plaintiff  against  Fhaauppiu  is  a  atate-debtor, 
p.  1*>49,  §  32  (Thalheim,  op.  cit.  p.  16).  Bot 
tW«  was  no  objection  to  alien  freemen  (Dem. 
c  Ltxr.  p.  927,  $  14,  p.  929,  §  20;  Aeschin.  de 
/.  X.  §  155).  We  leam  £rom  Uarpocration  («•  v. 
iiapofrmpid)  that  in  actions  against  ireedmen 
far  xteglect  of  doty  to  their  patrons  (jkroirTaalou 
Hat)  ibreigncTs  were  not  allowed  to  pot  in  an 
sffidarit  thiat  the  action  was  not  maintainable 
Ot^  wtcf^ifMtf  that).  Bot  this  can  hardly  be 
CMkadcrad  an  exception,  for  soch  affidavits  gave 
SB  aadoe  advantage  to  the  party  for  whom  they 
Tcremade. 

Neither  of  the  parties  to  a  caose  waa  com- 
petent to  give  evidence  for  himself^  thoogh  each 
VM  compelled  to  answer  the  qoestions  pnt  by 
tbe  other.  The  law  declared  roTw  iirrMimv 
Ma«y«5  slreu  ^MOKflpaa^at  i^Kiikots  rh  4ptn^ 
paw,  iMaprtfp€af  8i  /i^i.  (£Dem.]  c  Stejph.  ii.. 
p.  1131,  §  10.)  That  the  friends  of  the  party, 
a  ho  pleaded  for  him  (called  avr^yopoi),  were 
cot  iaeompetent  to  give  evidence,  appeara  from 
tlK  fragment  of  Isaeos  pro  EupkU.^  and  also 
from  Aeschines,  who,  on  his  trial  for  miscondoct 
on  the  embassy,  calls  Phocion  to  aaaiat  him  both 
«  a  witness  and  an  advocate  (^de  F.  L.  S§  170, 
184X 

Tlie  obligation  to  attend  as  a  witness,  both  in 

aril  and  criminal  proceedings,  and  to  give  soch 

evidence  as  he  is  able  to  give,  arises  oot  of  the 

daty  which  every  man  owes  to  the  state -,r  and 

there  it  no  reason  to  believe  that  any  persons 

<«2oept  the  parties  themselves)  were  exempted 

fraa  this  obligation.    The   passages  died  in 

■apport   of    the    contrary  view  (Isae«   Or.  2 

^MtmdX  I  33;   [Dem.]  e.  l^moth.  p.  1195, 

1 38 ;  itt.  Process,  p.  880  lips.)  prove  nothing 

Bore  than  that  the  near  relations  of  a  party 

*cn  rdudamt  to  sive  evidence  against  him; 

vlietess  the  fsct  tnat  they  were  Iwond  6y  Une 

^  give  evidence  may  be  inferred  from  Demo- 

«theoes(c  JlpAo6.iii  p.  849,  §  15;  p.  850,  f  20; 

V  855,  §  36).    At  Athens,  however,  it  was  less 

•vf  than  it  is  now  in  England  to  keep  men  to 

ta«r  legal  obligationa:  hence  the  defiant  tone 

^  the  friends  of  a    powerfol  defendant  (c. 

Tmotk.  1.  c.> 

^  party  who  desired  the  oridenoe  of  a 


MABTTBIA 


127 


witness  sommoned  him  to  attend  for  that 
porpose.  The  sommons  was  called  wp^o-neXifcrtr. 
(Plat.  Lsgg.  id.  p.  936  £;  Dem.  c.  Aphob.  iii. 
p.  850,  I  20;  c.  Tknoth,  p.  1190,  §  19;  c. 
Theocrin.  p.  1324,  §  8.  In  the  two  fonner 
passages  ir^icQ\*urBai  is  an  onsoond  correction ; 
cf.  AH.  Froeess,  p*  884  Lips.)    If  the  witness 

{promised  to  attend  and  failed  to  do  so,  he  was 
iable  to  an  action  called  Umi  Karofiafrvpiou. 
Whether  he  promised  or  not,  he  was  boond  to 
attend ;  and  if  his  absence  caosed  injory  to  the 
party,  he  was  liable  to  an  action  f Bfm}  fixdfiris). 
This  is  the  probable  distinction  between  these 
forms  of  action,  as  to  which  there  has  been 
moch  doobt.  (Meier  and  SchOmann,  AM.  Froc. 
p.  672=881  Lips.;  Platner,  Att.  Froo.  p.  221; 
Schtfmann,  An&q.  i.  487  n.,  £.  T.). 

The  attendance  of  the  witness  was  first  re- 
qoired  at  the  ^dicpcflrif ,  where  he  was  to  make 
his  deposition  before  the  soperintending  magis- 
trate   Ofytftitp   ^ucoffniplou).     The    party   in 
whose  favoor  he  appealed,  generally  wrote  the 
deposition  at  home  opon  a  whitened  board  or 
tablet  (Aj9\§vttmfUpop  ypofAfuntTov),  which  he 
brooght  with  him  to  the  magistnte'a  office, 
and,  when  the  witness  had  deposed  thereto,  pot 
into  the  box  (^x^')  ^  which  all  the  docomenta 
in  the  caose  were  deposited.    If  the  deposition 
were  not  prepared  beforehand,  as  most  always 
have  been  the  case  when  the  party  was  not 
exactly  aware  what  evidence  woold  be  given, 
or  when  anything  took  place  before  the  magis- 
trate which  cooH  not  be  foreseen,  as  for  in- 
stance a  challenge,  or  qoestion  and  answer  by 
the  parties;   in   soch  a  case  it  was  osoal  to 
write  down  the  evidence  opon  a  waxen  tablet. 
The  difference  between  these  methods  was  moch 
the  same  ss  between  writing  with  a  pen  on 
paper,  and  with  a  pencil  on  a  slate ;  the  latter 
coold  eaaily  be  robbed  oot  and  written  over 
again  if  neceaaary  (Demosth.  c.  Steph.  ii.  p. 
1132,  §  11).    If  the  witness  did  not  attend,  his 
evidence  was  nevertheless  pot  into  the  box;  that 
is,  soch  evidence  as  the  party  intended  him  to 
I  give,  or  thooght  he  might  give,  at  the  trial. 
For  all  testimooial  evidence  was  required  to  be 
in  writing,  in  order  that  there  might  be   no 
mistake  aboot  the  terms,  and  the  witness  might 
leave  no  sobterfoge  for  himself  when  convicted 
of  fklsehood.    (Demosth.  c.  Steph.  i.  p.  1115, 
§44;  ii.  p.  1130,  §  6.)    The  Mxpurts  might 
last  several  days,  anid,  so  long  as  it  lasted,  fresh 
evidence  might  be  brooght,  bot  none  coold  be 
brooght  after  the  last  day,  when  the  box  was 
sealed  by  the  roagiatrate,  and  kept  so  by  him 
till  the  day  of  trial.     (Demosth.  c  Aphob.  i. 
p.  836,  §  1 ;  0.  BoeoL  de  Jhnu  p.  999,  §  17 ; 
e.  JBverg.  et  Mnee.  p.  1143,  {  16 ;  c  Conon. 
p.  1265,  §  27.) 

The  form  of  a  deposition  was  simple.  The 
following  example  is  from  Demosthenes  (c.  Lacr. 
p.  927,  I  14) : — **  Archenomides  son  of  Arche- 
damas  of  Anagyros  testifies,  that  articles  of 
agreement  were  deposited  with  him  by  Androeles 
of  Sphettos,  Naosicrates  of  Carystos,  Artemon 
and  ApoUodoros  both  of  Phaselos,  and  that  the 
agreement  is  still  in  hii  hands."  Here  we  most 
observe  that  whenever  a  docoment  was  pot  in 
evidence  at  the  trial,  as  an  agreement,  a  will, 
the  evidence  of  a  slave,  a  challenge,  or  an 
answer  given  by  either  p^urty  at  the  AnUcpco'ii, 
it  was  oer^ed  by  a  witness,  whose  deposition 


128 


MABTTRIA 


MABTYBIA 


wai  at  the  lune  time  produced  and  read. 
(Demwth.  pro  Phorm,  pp.  946,  949.  957  ;  c. 
Fhaenipp,  p.  1046;  c.  ^A.  p.  1120.) 

The  witneu,  whether  he  had  attended  before 
the  magistrate  or  not,  was  obliged  to  be  present 
at  the  trial,  in  order  to  confirm  his  testimonj. 
The  only  exception  was,  when  he  was  ill  or  out 
of  the  country,  in  which  case  a  commission 
might  be  sent  to  examine  him.  [Ecmarttria.] 
All  evidence  was  produced  by  the  party  during 
his  own  speech,  the  KKv^pa  being  stopped  for 
that  purpose.  (Lys.  c.  Pond,  §§  4,  8,  11,  14, 
15;  Isae.  Or,  3  [PyrrhX  %%  12,  76;  Dem.  c. 
Euhvl.  p.  1305,  §  21.)  The  witness  was  called 
by  an  officer  of  the  court,  and  mounted  on  the 
raised  platform  (/B^fia)  of  the  speaker,  while  his 
deposition  was  read  over  to  him  by  the  clerk ; 
he  then  signified  his  assent,  either  by  express 
words,  or  lowing  his  head  in  silence.  (Lys.  de 
coed.  EraiostfL  §  29 ;  Aeschin.  deF.  L.^  156  ; 
Dem.  c.  Mid,  p.  560,  f  139 ;  c.  Phorm,  p.  913, 
§  19;  c  Steph.  i.  p.  1109,  f  25;  c.  Eubul, 
p.  1305,  §  22.)  In  one  passage  an  iriftoSf  whose 
mouth  is  shut,  is  directed  to  stand  up  in  silence 
in  order  to  excite  compassion  (Dem.  c  Mid, 
p.  545,  §  95).  In  the  editions  that  we  have  of 
the  orators  we  see  sometimes  Maprvpla  written 
(when  evidence  Is  produced)  and  sometimes 
Mdprvp9S,  The  student  must  not  be  deceived 
by  this,  and  suppose  that  sometimes  the  deposi- 
tion only  was  read,  sometimes  the  witnesses 
themselves  were  present.  The  old  editors  merely 
followed  the  language  of  the  orators,  who  said 
**  call  the  witnesses,"  or  ^  mount  up  witnesses," 
or  '*  the  clerk  shall  read  you  the  evidence,"  or 
something  to  the  same  effect,  varying  the  ex- 
pression according  to  their  fancy.  (See  Lys. 
proManUth,  §  8;  Isae.  Or,  3  [PyrrA.],  |§  76, 80; 
Dem.  c.  Callipp,  p.  1238,  §  7 ;  c.  Ifeaer,  p.  1352, 
§23). 

If  the  witness  was  hostile,  he  was  required  by 
a  solemn  summons  (fcXifrc^ur)  either  to  depose 
to  the  statement  read  over  to  him,  or  to  take 
an  oath  that  he  knew  nothing  about  it  (/uaprv- 
f>cir  ^  i^6fAtfvff6tu),  One  or  the  other  he  was 
compelled  to  do,  or,  if  he  refused,  he  had  to  pay 
a  fine  of  a  thousand  drachmas  to  the  state,  which 
sentence  was  immediately  proclaimed  by  the 
officer  of  the  court,  who  was  commanded 
iKK\riTt^€Uf  a^T^y,  i,e,  to  give  him  notice  that 
he  was  in  contempt  and  had  incurred  the  fine. 
The  distinction  between  KKtir^^uf,  of  the  party 
summoning  the  witness,  and  ^icxXiirc^eiK,  of  the 
herald  or  crier,  has  been  wrongly  denied  by 
some  authorities,  and  is  not  noticed  in  L.  and  S. 
ed.  7;  but  it  is  established  by  Aeschin.  c. 
Timarch.  %  46,  de  F,  L,  %  68,  compared  with 
Lycurg.  c.  Leocr.  §  20,  Dem.  c.  Zenoth.  p.  890, 
§  30,  c.  Neaer,  p.  1354,  §  28.  For  the  com- 
pulsion of  an  unwilling  witness  (like  the  English 
subpoena),  see  also  Isae.  Or,  2  [JstypA.],  §  18 ; 
Dem.  de  F.  L,  p.  396,  §  176  =  194,  p.  403, 
§  193=220;  c,  Aphob,  iii.  p.  850,  §  20;  c, 
Theocrin,  p.  1324,  §  7  (Lipsius,  Att,  Process, 
p.  882  n.).  The  ifytyuwrla  was  not  a  safe  way 
of  getting  off*  giving  evidence ;  it  was  liable  to 
the  penalties  of  perjury  (Dem.  de  F,  L,%  176 ; 
c,  Steph,  i.i^,  1119,  §58). 

An  oath  was  usually  taken  by  the  witness  at 
the  &yiCicpurit,  where  he  was  sworn  by  the 
opposite  party  at  an  altar  (irp^f  r\>¥  fiufthv 
4ivpiclir$ri),     If  he  had  not  attended  at  the 


iofdKpterttj  he  might    be   sworn  sfterw&rds  in 
court ;  as  was  always  the  case  when  a  witness 
took   the  oath  of  denial  (^(«/io0'c).     In  the 
passage  just  cited  from  Lycurgus,  the  expression 
\eifi6rras  r&   Upii  means  nothing  more  than 
touching  the  altar  or  its  apportenances,  anl 
has  no  reference  to  victims.   (Valckeiuter,  OpuK. 
PhiM,  vol.  i.  pp.  37-39.)     Whether  the  witness 
was  always  bound  to  take  an  oath,  is  a  doabtfol 
point.     Schttmann  formally  retracts  (Antiq.l 
485  n.,  E.  T.)  his  earlier  opinion,  that  eridence 
was  usually  unsworn  (cf.  Att,  Process,  pp.  885-6 
Lipsius).     It  seems  certain,  however,  that  the 
other  side  oould  put  a  witness  on  hii  oath 
(i^opKovw,  Dem.  c,  Steph.  i,  p.  1119,  §  58; 
i^opKlC^ip,  c,  Conon,  p.  1265,  §  26,  with  Saodjs 
on  both  passages).     See  also  c.  EvM,  p.  1305, 
§  22 ;  Aeschin.  deF,L,%  156. 

The  oath  of  the  witness  (the  ordinary  viiujut 
BpKos)  must  not  be  confounded  with  the  oath 
taken  by  one  of  the  parties,  or  by  some  friend  or 
other  person  out  of  court,  with  a  view  to  decide 
the  cause  or  some  particular  point  in  dispnte. 
This  was  taken  by  the  consent  of  the  adversarr, 
upon  a  challenge  (irp6K\fiirts,  [Dem.]  c.  lunotk, 
p.  1203,  §  65)  given  and  accepted;  it  was  an 
oath  of  a  more  solemn  kind,  sworn  by  (or  npoo 
the  heads  of)  the  children  of  the  party  swearing 
(Kardt  r&y  wal8«r,  Dem.  c.  Aphcb,  iiL  p.  B5'*, 
§  26 ;  c  Oomm.  p.  1269,  §  40),  or  by  perfiect  or 
full-grown  victims  (luit  UpAw  Te\c(«r,  [Dem.] 
c.  Neaer,  p.  1365,  §  60),  and  often  with  nir$« 
upon  himself  or  his  f^ily  (mrr'  ilm\iiu,<^ 
Eubul,  I.  c),  and  sometimes  was  accompani»l 
with  peculiar  rites,  such  as  passing  througl^ 
fire  (8id  Tou  irvp6s,  c,  Conon,  1.  c.  and  Ssodrl 
adloc,).  The  mother  or  other  female  relation 
of  the  party  (who  could  not  be  a  witness)  tii 
at  liberty  to  take  this  oath.  (Dem.  c  ApM>' 
1.  c;  c.  Boeot,  de  Dot,  p.  1011,  §  10:  it  u 
tendered  to  the  father,  c.  CaUipp.  p.  1240,  §  1^; 
cf.  Wachsmuth,  ffelUn.  Aiterth.  ii  1,  p.  335; 
Uudtwalcker,  IHat,  pp.  52-57.) 

With  respect  to  hearsay  evidence,  see  Acod 
Martybein  ;  and  for  the  affidavit  called  itapa^ 
rvpla,  Anakbibxb,  p.  122  a. 

The  question  whether  freemen  were  pat  V 
the  torture  is  reserved  for  fuller  discusnon 
under  Torxentum.  We  may  here  briefly  «3 
that  (1)  the  torture  of  citisens  was  forbiddef 
by  a  decree  in  the  archonship  of  Scamandriiu 
of  unknown  date;  that  (2)  the  << omnipotent' 
people  claimed  a  power  of  suspending  this  l^i 
by  psephisma  on  extraordinary  occasions  \hx^ 
SIA,  p.  702  6] ;  that  (3)  this  suspension  of  the  la« 
though  demanded  in  times  of  excitement,  seen 
never  to  have  been  really  acted  upon.  Tb 
leading  case  which  proves  all  these  points  < 
that  of  the  mutilation  of  the  Hermae  (AndM 
de  Myst.  §  43  f.,  and  Grotc's  remarks  thereoi 
ch.  58,  V.  175;  see  also  the  speech  v*^ 
irvi^<{{c»r,  p.  170,  §  14,  and  Pint.  Phoc.  36). 

It  is  not  too  much  to  say,  with  Thalheil 
{ReditsalUrth,  p.  29,  n.  2)  and  Upsins  {At 
Process,  p.  896,  n.  372^  that  we  have  no  exampl 
of  the  torture  of  an  Athenian  cittxen.  .^hoi 
aliens  they  were  less  scrupulous;  but  (as 
general  rule)  it  is  certain  that  freemen  coul 
not  be  tortured  in  courts  of  juatioe,  and  ert 
an  emancipated  slave,  Demosthenes  says,  i 
would  be  an  act  of  impiety  (ov8*  teriow)  to  gii 
up  for  such  a  purpose   (Dem.  c  AphiA,  ii 


MABTYRIA 

p.  856,  f  39;  c.  Ihiwth,  p.  1200,  f  55).  The 
recoiled  eictptions  are  mostly  in  the  cases  of 
forvi^  ^«s,  e^wcially  when  the  Athenians 
were  akracd  for  the  safety  of  their  dockyards 
(Deao.  ie  Cor.  p.  271,  §  133;   Lys.  c.  Agorai. 

Toe  aboTc  remarks  apply  equally  to  causes 
whkh  came  before  the  dicasteries  in  the  ordinary 
war,  tad  those  which  were  decided  by  the 
pctUc  arbitrators.  The  ^teuniTiis  discharged 
tkt  dvtics  of  the  magistrate  at  the  iufdnpura  as 
veil  u  those  of  the  Sucaoral  at  the  trial.  He 
heard  the  witnesses  and  received  the  depositions 
ironi  day  to  day  as  long  as  he  sat,  and  kept  the 
^xufi  open  until  the  last  day  (Kvplea^  ^iiipeai), 
(tV.  Dem.  c  Mid,  p.  541,  §  84;  c.  TimoUi,  p. 
1199,  §  50  ;  AiU  Frooeu,  p.  886  Lips. ;  Diae- 

TiTAE.) 

If  the  witness  in  a  cause  gave  false  eridence, 

the  injored  party  was  at  liberty  to  bring  an 

aHion  against   him  (filicii   ^tv^ofMprvptuv)  to 

rej«Ter    compensation.      The    proceeding   was 

sometimes   called   M^terf^Uf  and  the  plaintiff 

was    said    ^vt^jc^vrfO'Ocu  rp  fioprvpl^  or  r^ 

fid^rvpi  (laae.    Or.   3  [P^rrA.],  §11;     Or.  5 

''^Dioan^.i  §  17 ;  Dem.  c.  Aphob.  iu.  p.  846,  §'7, 

p.  356,  §  41 ;  Harpocrat.  8.  v.  ^c<ric4^aro).  This 

caiue  was  probably  tried  before  the  same  pre- 

wing    magistrate    as  the   one  in   which   the 

cridence  was  given  (^Att,  Process,  p.  59  Lips.). 

Tii<   f<»m   ofi  the  plaintiff's  bill,  and  of  the 

deteadnnt's   plea  in  denial,  will   be  found   in 

Demosthenes  (c.  Stepk.  i.  p.  1115,  §  46).     From 

the  same  passage  we  also  learn  that  the  action 

fvr  false  testimony  was  a  rifijirhs  iy^y  in  which 

tbe  plaintiff  laid  his  own  damages  in  the  bill ; 

an<j  from  Demosthenes  (c.  Aphob,  p  849,  §  16 ; 

p.  959,  §  50),  it  appears  that  the  dicasts  had 

{K>«er  not  only  to  give  damages  to  the  plaintiff, 

bat  also  to  inflict  the  penalty  of  &ri/Ja  by  a 

Tp99rifaa^it  (Isae.  Or.  0  [Dicaeog,'],  §  19 ;  Dem. 

c.  ApM.  iu.  p.  849,  §  16 ;  [Aristot.]  RheU  ad 

Mfx.  p.  1431  b,  30).    A  witness  who  had  been 

a  third  time  conricted  of  giring  false  testimony 

VS5  Ipso  jurs  dblranchised  (Andoc   de  MysU 

K4;  cf.  AtU  Process^  p.  485  ff.  Lips.;  Thal- 

!Kim,   BtckUaUerik.    p.   119   n.).      The    main 

•^Tiotioa  to  be  tried  m  the  cause  against  the 

vitaeas  was,  whether  his  evidence  was  true  or 

&be;  bat  another  question  commonly   raised 

was,  whether  his  evidence  was  material  to  the 

dfosion  of  the  previous  cause  (Dem.  c.  Eterg,  et 

Mnn.  p.  1139,  §  1,  p.  1161,  §  74;  c.  Aphob, 

>  a53-«56 ;  c  Stepk,  i.  p.  1117,  §  51 ;  Plainer, 

Pnjceaa  il  EJagen,  toL  i.  p.  400,  &c.). 

When  a  witness,  by  giving  false  evidence 
sj^ainst  a  man  upon  a  criminal  trial,  had  pro- 
cared  his  oonriction,  and  the  convict  was 
MSkUneed  to  such  a  punishment  (for  instance, 
^leath  or  banishment)  as  rendered  it  impossible 
^JT  him  to  bring  an  action,  any  other  person  was 
ziX'twed  to  institnte  a  public  prosecution  against 
'^r  vitnessy  cither  by  a  ypo^,  or  perhaps  by 
,  Ui  tlcvyyXia  or  irpofio\ii.  (Andoc  do  Mysh 
S'*',  Flatner,  op.  oiL  p.  411;  Att,  Process, 
).4®Upa.) 

After  the  coBTiction  of  the  witness,  an  action 
'•fht  be  maintained  against  the  party  who 
^  HWned  him  to  give  false  evidence,  callad  Bdcij 
cavrfxrwr  (Dem.  c,  Timath,  p.  1201,  §  56; 
('  iwtrg.  H  MwBS,  L  c).  And  it  is  not  im- 
pnbable  that  a  similar  action  might  be  brought 
TGLU. 


MASTIGOPHOEI 


129 


against  a  person  who  had  procured  false  evidence 
to  be  given  of  a  defendant  having  been  sum- 
moned, after  the  conviction  of  the  witness  in 
a  7pa^^  \^«i;8o«cAi|Tc^as  (Meier,  Att,  Process, 
p.  977  Lips.). 

It  appears  that  in  certain  casn  a  man  who 
had  lost  a  cause  was  enabled  to  obtain  a  reversal 
of  the  judgment  (jUkji  iwdJiiKos),  by  convicting 
a  certain  number  of  the  advene  witnej»ses  of 
false   testimony.     Thus  in  inheritance  causes 
the  law  enacted  4ay  ii\^  ns  r&w  ^€v9otiaprvpiw, 
xdXiy   i^   &PX^^   ttwtti  wcpl   avTwr   riis  X^|c(r 
(Isae.  Or.  11  [//o^n.],  §  46 ;  Or,  5  IDicaeog.},  §§  8, 
14 ;  see,  however,  some  doubts  of  Lipsius,  Att. 
Process,  p.  982  n.)«     This  was  the  more  neces- 
sary, on  account  of  the  facility  afforded  to  the 
parties  to  stop  the  progress  of  these  causes  by 
affidavits,  and   also  because    no  money  could 
compensate  an  Athenian  for  the  loss  of  an  in- 
heritance.   The  same  remedy  was  given  by  the 
law  to  those  who  had  been  convicted  in  a  ilieri 
^tviofULfnvpt&if  or  in  a  ypo4ph  |f i^fat.     In  the 
last  case  tne  convicted  person,  who  proceeded 
against  the  witness,  was  compelled  to  remain  in 
prison  until  the  determination  of  his  suit  (Dem. 
c.  2Vinocr.  p.  741,  §  131).     We  are  informed 
that  these  are  the  only  cases  in  which  a  judg- 
ment was  allowed  to  be  reversed  in  this  way ; 
the  Scholiast  on  Plato  (^Legg.  xi.  p.  937  C)  adds 
a  third,  cases  of  inheritance  (irA^po»y) ;  but  see 
Att,  Process,  p.  612  n.  350,  p.  979  n.  609,  Lips. 
From  the  words  of  iKaeus  quoted  above,  ihf 
oXf  rtr  rAy  r^tviofiaprvptw,  it  has  been  inferred 
that  the  conviction  of  a  single  witness  sufficed 
for  the  granting  of  a  new  trial ;  this  is  surely 
making  too  much  of  the  indefinite  rtr,  and  the 
Scholiast  on  Plato  says  expressly  that  it  was 
necessary  to  convict  more  than  half  the  number 
of  witnesses.    The  Athenians,  as  we  kuow,  were 
very    chary    of    granting    an    itfoJSucia    (Att, 
Process,  p.  982  n. ;  Appellatio). 

We  conclude  by  noticing  a  few  expressions. 
MaprvpcZK  riyt  is  to  testify  in  favour  of  a  man, 
KorofiapTvpw  TWOS  to  testify  against.  Mopr  J- 
p€(r$€u  to  call  to  witness  (a  word  used  poetically) ; 
9utfiapr^p9er$ai  and  sometimes  iirtfuitpH>p9<rBeu 
rois  wop^rrat,  to  call  upon  those  who  are 
present  to  take  notice  of  what  passes,  with  a 
view  to  give  evidence.  (Dem.  c,  Everg,  et  Mnes. 
p.  1150,  §  38.)  YfvSo/Mprvpcir  and  hruopKUv 
are  never  used  indifferently,  which  affords  some 
proof  that  testimony  was  not  necessarily  on  oath. 
The  jtdprvs  (witness  in  the  cause)  is  to  be 
distinguished  from  the  aXirr^p  or  kKiirvp,  who 
merely  gave  evidence  of  the  summons  to 
appear.  [C.  R.  K.]    [W.W.] 

MASTB'BES  (/laerriipts).  [Zbtetae.] 
MASTI'GIA.  [Flaobum.] 
MA8TIGOTHOBI  or  MASTI(K)'NOMr 
(jAaeriyo^6pot  or  f»affriyo¥6fAoi),  the  name  of  the 
lower  police-officers  in  the  Greek  states,  who 
carried  into  execution  the  corporal  punishments 
inflicted  by  the  higher  magistrates.  Thub 
Lycurgus  assigned  mastigophori  to  the  Paedo- 
nomus  at  Sparta,  who  hvi  the  general  superin- 
tendence of  the  education  of  the  boys  (Xen.  Sep, 
Lac,  ii.  ^,  iv.  6 ;  ffeilen,  iii.  11 ;  Pint.  Lye,  17). 
In  the  theatre  the  mastigophori  preserved  order, 
and  were  stationed  for  this  purpose  in  the 
orchestra,  near  the  thymele  (Schol.  ad  Plat. 

8,  99,  Ruhnken;   Lncian,  Pise,   33).      In  the 
lympic  games  the  fafiiovxoi  performed   the 


130 


MATABA 


same  duties.  At  Athens  they  were  discharged 
hj  the  public  slaves,  called  bowmen  (to^6tou)j  or 
Scythians  (^lidai).    [DEM08II.]  [W.  S.] 

MATABA-  [Hacta.] 
MATEBFAMI'LIAS.  [Matrmonium.] 
MATHBMA'TICL  [Abtrologia.] 
MATBA'LIA,  a  festival  celebrated  at  Rome 
every  year  on  the  11th  of  June,  in  honour  of  the 
goddess  Mater  Matuta,  whose  temple  stood  in 
the  Forum  Boarium  from  the  time  of  Servius 
Tullius  (Uv.  V.  19 ;  xxxiii.  27).  It  was  cele- 
brated only  by  Roman  matrons,  and  the  sacrifices 
offered  to  the  goddess  consisted  of  cakes  baked 
in  pots  of  earthenware  (Varro,  L.  L,  v.  106 ; 
Ovid.  Fast.  vi.  475,  &c.).  Slaves  were  not 
allowed  to  take  part  in  the  solemnities,  or  to 
enter  the  temple  of  the  goddess.  One  slave, 
however,  was  admitted  by  the  matrons,  but  only 
to  be  exposed  to  a  humiliating  treatment,  for 
one  of  the  matrons  gave  her  a  blow  on  the  cheek 
and  then  sent  her  away  from  the  temple.  The 
matrons  on  this  occasion  took  with  them  the 
children  of  their  sisters,  but  not  their  own,  held 
them  in  their  arms,  and  prayed  for  their  welfare 
(Plut.  CamU.  5;  Qvaest.  Bom.  p.  267).  The 
statue  of  the  goddess  was  then  crowned  with  a 
garland,  by  one  of  the  matrons  who  had  not  yet 
lost  a  husband  (TertuU.  Mcmogam.  c.  17).  There 
can  be  little  doubt  that  the  peculiar  ordinances 
in  this  festival  arose  from  an  identification  of 
Mater  Matuta  with  Leuoothea,  also  a  goddess  of 
the  Dawn.  The  story  of  Ino  will  explain  the 
sisters'  children,  the  punishment  of  the  slaves 
and  the  honour  of  the  once-married,  and  it  is 
difficult  to  find  any  other  satisfactory  explana^ 
tion.  At  the  same  time  it  is  not  improbable 
that  the  rites  connected  with  the  Greek  myth 
are  mingled  with  a  simpler  Roman  festival 
of  MothsrSy  in  which  the  goddess  of  lawful 
marriage  and  of  the  birth  of  children  (as  of 
the  birth  of  light)  was  honoured.  (Com- 
pare Preller,  R&m.  Myth.  p.  286,  and  Diet,  of 
Greek  and  Homan  Biography,  arts.  Ino  and 
Matuta.)  [L.  S.]    [G.  K  M.] 

MATBIMO'NIUM,  NIJ'PTIAB  (7a;tos), 
marriage.  1.  Greek.  The  history  of  the  mar- 
riage relation  among  the  Greeks  takes  us  back  to 
some  of  the  very  earliest  forms  of  the  connexion 
between  the  sexes.  In  many  of  the  wild  tribes 
that  surrounded  the  Greek  world  we  are  told 
that  the  sexes  mingled  promiscuously — eg.  the 
Massagetae  (Herod,  i.  126),  the  Nasamones 
(Herod,  iv.  172),  the  Ausenses  (Herod,  iv.  180, 
&c);  and  legends  recount  the  same  of  the 
earliest  times  in  Athens  itself.  "At  Athens, 
Cecrops  was  the  first  person  who  married  a  man 
to  one  wife  only,  whereas  before  his  time  con- 
nexions had  taken  place  at  random,  and  men  had 
had  their  wives  in  common  "  (Clearchus  of  Soli, 
ap.  Athen.  xiii.  2).  Absurd  as  it  would  be  to 
treat  such  a  tradition  as  authentic  history,  it  is 
possible  that  it  embodies  a  true  reminiscence  of 
an  early  development ;  and  it  is  curious  to  find 
that  according  to  a  quite  separate  legend  (quoted 
from  Varro  by  St.  Augustine,  de  Civit.  Dei, 
xviii.  9)  the  exclusion  of  women  from  public 

•  assemblies  at  Athens,  and  therewith  their  definite 
;  political  subordination,  is  placed  in  the  time  of 
.  Cecrops.  And  indeed  there  are  other  reasons 
\  which  lead  us  to  believe  that  the  institutions  of 

•  Athens  were,  from  the  first,  singularly  averse  to 
■  feminane  predominance.  Athenian  mythology  has 

I 


I  MATBIMONIUM 

io  Antigone,  not  even  a  Helen ;  Athenian  histcry 
nas  no  Sappho,  no  Corinna.  Aspasia  herself  wa» 
/a  Milesian. 

Iln  the  rest  of  Greece,  the  marital  tie  de- 
veloped more  slowly,  and  with  somewhat  differ- 
ent results.     The  fierce  stories  of  the  Lemnisn 
women,  the  Danaides,  the    Amazons,   indicate 
that  in  the  primeval   times,  amidst   the  frail 
organisations    that    then    constituted    society^ 
women  were  occasionally  capable  of  saccessfully 
contending  against  the  stronger  sex.     Taking  a 
step  downwards  in   history,  we  come  to  the 
Homeric  period ;  but  before  speaking  of  this,  it 
will  be  expedient  to  notice  a  form  of  society 
which,  though  we  meet  with  it  at  a  later  date, 
bears  the  mark  of  an  earlier  stage  in  the  process 
of  growth.    This  is  the  custom,  which  Herodotus 
(i.  173)  and  other  authorities  attribute  to  the 
Lycians,  of  reckoning  families  according  to  de- 
scent on  the  mother's  side,  and  of  giving^to  the 
wife  and  daughter  much  of  that  predominance 
(especially  as  to  the  inheritance  of   property) 
which  is  generally  given  to  the  father  and  sod. 
It  is  clear  that  this  custom  was  a  survival  fruci 
those  times  when  paternity  was  uncertain,  and 
when  the  only  known  relationships  were  through| 
the  mother ;  but  it  continued,  in  some  few  iu-j 
stances,  among  peoples  who,  we  have  every  r«as<  uj 
to  believe,  were  monogamists,  according  to  th«:j 
ordinary  Greek  acceptation  of  that  term.    Beside>| 
the  Lycians,  the  Epizephyrian  Locrians  are  statetij 
by  Polybius  (xii.  5)  to  have  reckoned  descec 
through  the  mothers ;  and  Kicolaus  Damascenu 
(p.   160)    says  of   the    Sarmatians  (to   whom 
Herodotus  in  bk.  iv.  110-114  attributes  a  desceL 
on  the  motherls  side  from  the  Amazons)  tb:.< 
they  obeyed  their  wives  in  everything  (reus  8^ 
yvyeu^l  irdvra  vtiOotrrai  its  Seovolrais).     Thc^ 
who  wish  to  know  more  on  this  usurious  develop^ 
ment  of  the  conjugal  bond  may  consDlt  tM 
learned  and  eloquent  work  of  Bachofen  (Z>uj 
Mutterrecht},   whose  enthusiasm  on   behalf  ^.i 
the  *'  government  by  women  "  transcends  soIk] 
bounds ;    or    the    more    moderate    theories  <^ 
McLennan  (Studies  in  Ancient  History^  1876). 

It  will  be  worth  while  remarking,  in  pa&i 
ing,  that  polygamy  just  touches  the  confines  €| 
Greece,  in  Thrace  (Herod,  v.  5,  16;  Lunjl 
Androm.  215);  as  indeed  the  court  of  Pria.>ii 
though  Hecuba  alone  appears  to  have  enjoy  t^ 
the  title  of  his  wife,  bore  much  resemblance  t| 
that  of  a  polygamous  monarch.  We  now  com 
to  the  Greek  society  described  in  Homer. 

The  Iliad  and  Odyssey  describe  a  society  i 
which  monogamy,  and  on  the  whole  a  puj 
monogamy,  is  the  rule.  No  doubt  **  concubinci^ 
are  mentioned,  as  well  as  *'  wedded  wives  **  (e.j 
Odyss.  xiv.  203);  yet  Laertes  is  said  to  hai 
abstained  from  the  bed  of  his  favourite  maij 
servant,  "  fearing  the  anger  of  his  wife  "  (jc^^i 
V  kKi%uf€  yvifeuK6Sf  Odyss.  i.  433):  Agamemn^ 
refrains  from  Briseis,  even  though  he  had  t^ik^ 
her  from  Achilles  (ll.  ix.  133)  ;  and  the  beau^ 
ful  lines  340--343  of  the  same  book  assail 
monogamy  as  the  natural  condition.  The  atril 
ideas  of  modem  times  would  not  permit  as 
describe  Ulysses  as  wholly  faithful  to  Penelopj 
but  he  would  seem  to  have  had  little  choice 
the  hands  of  Circe  and  Calypso,  and  he  wi 
clearly  faithful  at  heart.  No  queen  could  hai 
more  royal  oifices  assigned  to  her  than  Arel 
the  queen  of  king  Alcinous  (Odyss,  vL  310  ;  i 


MATRmOmUM 


MATBIMONIUH 


131 


69-74:,  143)b    Jforeover,  though  women  as  well 

as  men  aJknd  from  the  roughness  of  the  times, 

womn  vcie  under  no  peculiar  disadyantages ; 

thtw  were  not  forbidden  to  appear  in  the  open 

streets.  McLennan  (ofK  ci^.)  gives  reason  to  think 

that  ths  relationship  through  mothers,  already 

zMlioed  as  of  predominant  importance  in  Lycia 

is  s  later  age,  was  in  the  Homeric  period  es- 

t<«iDed  as  sap&ri(ur  to  the  relationship  through 

iiXba*  armr  the  whole  of  Greece;    and  this 

voaM  aeoonnt  for  the  comparatiTely  high  posi- 

uoa  attrihnted  to  women  in  Homer.     (See  7/. 

XXL    96,   where    the    epithet    6fjuoydtrrpio$    is 

pciatedly  used    to    express  a  closer  tie  than 

bnthtrbood  oo   the  father's  side.)    In  itsielf, 

the  &et  that  the  Homeric  chiefs  bought  their 

vTves,  instead  of  receiving  a  dowry  with  them, 

might  saggest  a  lower  state  of  society.    But 

the  ahscDce  of  any  mention  of  divorce  in  Homer 

is  m  fisTonr  of  the  view  here  taken.    [Dos.] 

la  reference  to  these  early  states  of  society, 
two  remarks  of  Aristotle^  interesting  in  their 
cQDasxioa,  should  be  borne  in  mind :  first,  that 
**  among  the  barbarians,  the  female  element  and 
the  scirile  element  are  in  the  same  rank  ** 
{PU.  L  S)  ;  secondly,  that  **  the  greater  number 
of  milxtarj  and  warlike  races  are  governed  by 
tndr  women"  (iW.  ii.  9).  In  the  Homeric 
K-ciety  the  latter  or  chivalrous  condition  is  pre- 
donunaat ;  bat  it  is  difficult  to  be  sure  that  the 
"barbariaa"  estimate  of  women  was  nowhere 
l^reralent  in  early  times  In  Greece ;  and  it  may 
be  a  part  explanation  of  the  decline  in  the  posi- 
tioQ  of  women  which  took  place  oyer  so  large  a 
fHTTtiott  of  Greece  afterwards. 

ia  the  main,  however,  this  decline  was  due  to 
ether  oauaes.     In  treating  of  it,  the  topic  of  the 
"  ibife  "  most  for  a  short  space  be  merged  in  the 
tiTosder  tepie  of  the  **  woman."    The  great  dis- 
t.sctMB  between  the  Homeric  age  and  the  his- 
toric period  of  Greece  ia  the  importance  to  which 
*''i»*^ciij"  had  attained  in  the  latter  period; 
iM  dtj  being  a  community  governed  by  laws 
<«Ten  tJbongh  it  might  sometimes  fall  under  the 
*  a  ay  of  a  tyrant),  self-centred,  and  priding  itself 
^  its  independent  existence.    It  seems  certain 
tbat  this  city  life,  with  its  public  deliberations, 
•u  ceUectians  of  laws,  and  the  large  Intellectual 
elevest  which  these  demanded,  was  one  to  which 
wooca  in  that  stage  of  the  world's  history  were 
saequL     Tbey  fell  still  more  behind  than  they 
^^  dune  ia  the  merely  warlike  Homeric  society. 
Aod  other  causes  co-operated.    Athens  was  from 
tbe  first  the  type  of  this  city  life ;  now  it  was 
fnta  Athens  that  the  Ionian  cities  in  Asia  (and 
ta  many  of  the  Aegean  islands)  were  founded ;  and 
ve  are  tohl  ^erod.  i.  146)  that  these  colonists 
<id  net  take  their  wives  with  them,  but  married 
OjriaQ  woBen,so  that  from  the  first  their  wives 
''jErted   as  on  an    inferior    footing,   and   with 
vit^cofiiatic  feelings  to  their  husbands,  which 
Herodotus  implies  continued  more  or   less  in 
*'i.joeqBeBt  generations.     Further,  these  Ionian 
*'<«tte8  were  in  direct  contact  with  the  Asiatic 
•eBarchfcsy  In  which  women  occupied  a  very 
'Jnw  peaitton.     And  as  a  final  point,  it  must 
*  iTlcd  thai  both  in  Athens  and  Ionia  (as  else- 
•Wre)  the  city  life,  implying  as  it  did  a  body  of 
'-^•aess,  rtqiiind  a  clear  means  of  discrimination 
^  t««ho  was  and  who  was  not  a  citiaen ;  and  as 
'^■aeaship  waa  mainly  handed  on  from  father 
te  sea,  parity  of  raoi  aiumed  an  importance 


unknown  before.  Achilles  might  marry  his 
Phrygian  captive  Briseis  with  no  complaint  on 
the  part  of  his  Myrmidons ;  but  the  son  of 
Pericles  by  the  Milesiim  Aspasia  could  not  be 
accounted  a  citizen  of  Athens  without  a  speoial 
vote  of  the  people.  If  then  in  a  large  city,  such 
as  Athens  or  Miletus,  swarming  with  traders 
from  all  parts  of  Greece,  an  accurate  distinction 
waa  to  be  kept  up  between  citizens  and  aliens, 
it  was  necessary  that  the  matrons  of  the  city 
should  be  clearly  severed  off  from  all  others,  and 
also  that  they  should  be  preserved  from  tempta- 
tion ;  both  of  which  ends  were  crudely  but  to  a 
certain  extent  effectively  secured  by  uieir  com- 
parative seclusion.  From  all  these  causes  (and 
probably  from  other  deep  veins  of  character  hard 
to  trace),  across  that  middle  belt  of  the  Greek 
world  which  extended  from  Athens  to  Ionia,— a 
belt  containing  the  most  advanced  and  cultivated 
cities  of  Greece,' — ^the  female  sex  was  lowered 
from  the  position  which  it  held  in  the  time  of 
Homer,  and  regulated  by  customs  approximating 
to  those  which  have  always  existed  in  the  East. 

It  was  impossible  that  other  parts  of  Greece 
should  be  uninfluenced  by  such  a  result;  and 
besides,  some  of  the  causes  which  acted  in 
Attica  and  Ionia  would  be  forcible  elsewhere. 
Thus,  though  about  500  II.C.  Corinna  and  other 
poetesses  enjoyed  an  honourable  publicity  at 
Thebes,  yet  in  379  B.a  we  find  it  a  breach  of 
etiquette  for  Theban  women  to  walk  freely 
about  the  streets  (Pint,  de  Genio  Socr.  32).  The 
Aeolian  colonies  of  Lesbos  and  the  adjacent 
ooast  of  Asia  Minor  resisted  the  tendency  for  a 
time;  and  Sappho  and  her  brilliant  compeers, 
about  the  beginning  of  the  6th  century  B.C., 
raised  the  female  sex  to  the  highest  glory  in 
respect  of  imaginative  power,  and  perhaps 
attempted  social  changes  as  well.  But  the 
phenomenon  was  a  transitory  one;  perhaps, 
even,  not  a  favourable  one  for  steady  develop- 
ment: the  Mytilenaeans  had  an  honourable 
history  after  this,  but  we  heai*  no  more  of  their 
women.  Acgos,  half-way  between  Athens  and 
Sparta,  shows  also  an  intermediate  character 
as.  regards  its  female  population.  We  can 
hardly  wholly  reject  the  story  of  its  heroic 
defence  by  Telesiila  the  poetess  and  the  other 
women  against  the  Spartans,  about  510  B.G., 
after  the  slaughter  of  the  Argive  army  by 
Cleomenes  (Plut.  de  Mulierum  Virtutibua  ;  Pans, 
ii.  20,  §  7) ;  but  in  the  succeeding  century  the 
city  lost  to  a  great  degree  its  Dorian  character, 
and  of  its  women  too  we  scarcely  hear  anything 
more. 

We  may  assume  then  that,  by  the  middle  of 
the  5th  century  B.a,  the  restriction  of  the 
liberty  of  free-born  citizen  women,  which  had 
begun  some  centuritt  earlier,  attained  its  full 
development  in  Northern  Greece.  The  most 
celebrated  of  the  Greek  colonies  in  Asia,  most 
of  the  islands  of  the  Aegean,  and  the  northern 
part  of  the  Peloponnesus  itself,  were  subject  to 
the  same  influence. 

But  there  were  parts  of  Greece  that  never  in 
the  smallest  degree  succumbed  to  this  influence. 
In  Sparta,  from  the  first  moment  of  its  history 
down  to  the  death  of  king  Cleomenes  in  B.a  220 
(if  not  later),  women  enjoyed  an  authority,  a 
distinction,  rarely  accorded  to  them  even  in 

I  modem  times.  With  Sparta,  Crete  and  Cyrene 
may,  though  in  a  miner  degree,  be  reckoned; 

K  3 


132 


HATEIMONIUM 


HATBIMOKIUM 


and  here,  too,  the  population  was  Dorian.  But 
Cyrene  and  Crete  will  only  enter  into  a  small 
portion  of  the  following  observations. 

As  to  the  original  cause  of  this  lofty  position 
of  women  among  the  Dorian  race — and  the 
obseryation  is  true  of  Argos  also,  down  to  about 
500  B.O. — Mttller  conjectures  (Dorians,  i.  4,  §  9) 
that  it  arose  from  the  fact  that  the  Dorians  took 
their  wives  and  children  with  them  in  their 
original  emigration  fi*om  the  north  to  the  south 
of  the  Corinthian  gulf.  Such  a  cause  is  cer- 
tainly adequate,  implying,  as  it  does,  association 
in  perilous  adventure;  and  it  is  diflScnlt  to 
conjecture  another  equally  strong.  The  causes, 
moreover,  which  depressed  the  position  of 
women  elsewhere,  existed  very  sparingly  at 
Sparta.  There  was  not  there,  as  at  Athens,  any 
great  influx  of  strangers;  Sparta  was  not  a 
commercial  city ;  and  those  who  came  were  at 
any  time  liable  to  be  expelled  by  the  authorities. 
[Xenelasia.]  Hence  the  strain  of  citizenship 
was  easily  kept  pure  at  Sparta,  without  the 
seclusion  of  the  wives.  And  Spartan  husbands 
were  the  reverse  of  jealous;  of  which  more 
presently.  And  since  Spartan  men  were  unable 
under  the  institutions  of  Lycurgus  to  make  free 
use  of  wealth,  the  dowries  of  wives  were  large, 
and  there  were  many  heiresses.  Aristotle  tells 
us  (Pol,  ii.  9)  that  two-fifths  of  the  soil  of 
I«aoonia  was  possessed  by  women.  Hence  ensued 
a  condition  of  which  the  concise  answer  of 
.  Gorgo,  wife  of  Leonidas,  is  the  proud  expression : 
**  Why,"  she  was  asked  by  a  foreign  lady,  **  do 
you  Lacedaemonian  wives,  unlike  all  others, 
govern  the  men  ?  "  ''  Because  we  alone  are  the 
mothers  of  men."    (Plut.  Lac.  Apophiheg.) 

Exaggeration,  however,  must  be  avoided,  both 
as  to  the  extent  of  liberty  allowed  to  wives  at 
Sparta,  and  as  to  the  goodness  of  the  result. 
The  laws  of  Sparta  bound  women  as  well  as 
men:  perhaps,  because  they  bound  men  more 
than  elsewhere,  they  bound  women  less ;  but 
with  the  detailed  accounts  of  Xenophon  and 
Plutarch  before  us,  we  cannot  believe,  with 
Aristotle  (/.  c),  that  Lycurgus  tried  to  legislate 
for  women,  and  failed.  Undoubtedly,  however, 
there  was  much  singularity  in  the  legislation. 
Before  marriage,  the  Spartan  girl  passed  an 
open-air  life  of  continuous  exercise ;  she  wrestled, 
she  raced  with  her  equals  (Xen.  de  Bep,  Lac, 
i.  4);  intercourse  with  young  men  was  not 
forbidden  to  her,  and  she  was  present  at  the 
public  games.  All  this  was  allowed  with  a  view 
to  marriage;  the  girl  would  as  a  matter  of 
course  be  given  in  marriage  by  her  parent  or 
Kvptos  (guardian) ;  the  youth  who  did  not  marry 
was  liable  to  severe  penalties  (Pollux,  viii.  40 ; 
Plut.  Lycurg,  15).  The  form  of  marnage  was 
a  mock  capture,  a  remi'niscence  of  the  time 
when  wives  were  really  captured  with  the 
strong  hand ;  after  marriage  the  bridegroom  did 
not  at  once  take  his  bride  home,  lest  they  should 
be  soon  tired  of  each  other,  but  visited  her  in 
her  parents'  house  clandestinely,  and  this  secret 
intercour.^  sometimes  continued  till  children 
were  born  to  them  (Plut.  /.  c).  When  at  last 
the  husband  took  his  wife  home,  he  often  took 
her  mother  with  her  (cf.  Muller's  Doriana,  iv. 
4,  §  2).  The  married  woman  was  forbidden  to 
attend  gymnastic  contests  (Paus.  v.  6,  §  5) ;  and 
when  she  went  out  of  doors,  wore  a  veil  (Pint. 
Lac.  Apophthegm.^  aneodcU  of  ChariUua).    The 


custom  of  the  newly- wedded  wife  remaininj^ 
her  parents'  house  prevailed  in  Crete  i 
(Strabo,  x.  p.  482);  and  the  object  there 
stated  to  have  been  that  she  might  learn  hot 
keeping.  Miiller  (/.  c.)  after  Heaychius  espli 
the  word  itapdipios  as  meaning  a  son  b 
during  this  period  of  quasi-secret  marrt 
(cf.  Hom.  //.  xvi.  180). 

More  singular  than  the  method  of  woo 
among  the  Spartans  was  the  regulation  i 
permitted  polyandry.  The  production  of  el 
dren  was  so  far  regarded  by  the  legislator  as 
main  end  of  marriage,  that  if  a  woman  had 
children  by  her  husband,  it  was  common 
her,  with  full  consent  of  her  husband,  to  adi 
another  man  to  her  bed ;  and  this  might  ti 
place  even  if  she  had  children  by  her  husba 
80  that  a  wife  might  be  the  mother  of  t 
separate  families  (Pint.  Lycurg. ;  Xen.  Hep.  L 
i.  9).  It  would  appear,  too,  that  several  broth 
might  share  one  wife  (Polyb.  zii.  6).  Vet 
know  no  specific  case  of  this  last ;  and  bs  far 
our  information  goes,  the  hoaband  was  alwi 
recognised  as  sudi,  whatever  intercourse  wi 
his  wife  he  permitted  on  the  part  of  othe 
Once,  and  only  once  in  the  history  of  Spar 
was  bigamy  permitted  on  the  part  of  the  ma 
this  is  the  case  of  king  Anaxandridas  (Herod. 
39,  40),  who  for  love  of  his  first  wife  refused 
put  her  away,  but  was  obliged  by  the  ephon 
take  a  second  for  the  sake  of  posterity.  (0 
other  case  of  bigamy  is  recorded  among  genuu 
Greeks,  that  of  Dionysius  of  Syracuse,  accordii 
to  Aelian,  V.  H.  xiii.  10.)  It  may  be  infem 
from  the  case  of  Anaxandridas,  and  from  tl 
narrative  in  Herod,  vi.  61,  that  the  divorce  of 
wife  on  the  ground  of  barrenness  was  sanctiooj 
by  Spartan  law. 

While  connexions  which  we  consider  irreguli 
were  thus  legalised  at  Sparta,  illicit  rice  v| 
very  rare,  and  affection  between  husband  al 
wife  was  often  very  tender.  (See  the  lira  i 
Agis  and  Cleomenes  in  Plutarch,  espedslly  tl 
beautiful  story  of  Chelonis,  the  wife  of  Cleoc 
brotus.)  The  Spartan  women  w^ere  by  far  tl 
finest  and  handsomest  in  Greece  (Aristoph.  Lh 
78-84);  and  their  sayings  and  deeds  records 
in  Plutarch  (especially  in  the  ApophthejmaiA 
Ithough  sometimes  stern,  are  always  strikio 
((One  of  them  anticipated  the  celebrated  speM 
»f  Cornelia,  mother  of  the  Gracchi.)  11 
Uthenians,  as  was  natural,  criticised  their  (rt 
Horn  {e.g.  Eurip.  Androm.  595  if.) ;  and  we  (^ 
nardly  refuse  to  admit,  on  the  joint  authoritfj 
Plato  (L^gg.  i.  p.  637)  and  Aristotle  (Pol.  ii.^ 
that  after  the  great  successes  of  Sparta  in ' 
Peloponnesian  wars,  they,  as  well  as  the  Sf 
men,  lost  some  of  their  virtue.  But  n^ble  woi 
are  found  among  them  even  then:  it  is  harsh  I 
blame  them  severely  for  the  single  occasioaj 
which  they  lost  their  nerve  and  showed  timi ' 
when  Epaminondas  with  his  great  army 
40,000  or  70,000  men  was  threat«niD|; 
unwalled  city  of  Sparta;  and  when  Arist 
alleges  (Pol.  ii.  9)  that  they  caused  the  M 
pnlation  of  Laconia  by  keeping  the  cxteoi 
tracts,  of  which  they  were  the  mistressei, ' 
inhabited,  we  cannot^  but  remember  that 
incessant  military  exercise  of  the  Spartans 
the  practice  of  infanticide  (which  all  the  (ft 
sanctioned)  were  much  more  probable  caas^ 
diminution  of  the  population  than  that  wr 


MATBIMONIUM 


MATBIMONIUM 


183 


Iriitatle  saggt$U.  (He  sajs  that  Sparta  fell 
thrangli  ker  •Xtynp0ptfwia:  an  interesting,  and 
Q  iistlf  donbtleis  a  true,  obeenration.) 

Bat  it  is  necessary  to  hasten  to  that  Greek 

•uu  of  which,  after  all,  we  know  Tery  far  the 

cjit;  the  antipodes  of  Sparta — Athens.     At 

Atb»s,  ss  has  been  stated,  both  the  unmarried 

fj-!  aad  the  wife  lay  under  restrictions  greater 

tku  aa  J  where  else  in  Greece.      It  mu&t  be 

liaittcd,  that  eren  as  regards  Athens,  there  is 

1  iiTftt  deal  which  we  do  not  know  ;  and  one  of 

the  (problems  of  the  case  is  to  reconcile  the 

i».t;rnBf  statements    of   the    obscurity    and 

vaks«s  of  women,  as  well  as  the  unfeeling 

x<^  m  which  they  are  treated  by  the  orators 

r'lQt  Me,  for  an  exception,  and  in  a  very  unlikely 

pbx,  [Dem.]  e,  Neaer.  p.  1364,  §  56),  with  the 

rtnkiaj  and  elevated  female  characters  that  so 

titcD  appear  in  the  pages  of  the  Greek  trage- 

iMi.     Seme   experience,    one    would    think, 

S^ntodes  most  hare  had  of  a  free  and  noble 

=:sid«n,  when  he  drew  Antigone ;  and  Euripides 

«i'  I  DoUe  wife,  when  he  drew  Alcestis.     Even 

in  .^nctophanes,   Lysistrata,   in    spite    of   the 

lUKncj  of  the  play  named  after  her,  acts  an 

eMatially  honourable  part.      Haemon,  in  So- 

f<bucl«s,  i«  a  lover  of  the  high  chivalrous  type. 

Asd  it  is  JQStly  remarked  by  Becker,  that  we 

i^  koow  of  one  actual  case  in  which  a  wealthy 

Atheaian  noarried  for  love — Callias,  who  married 

QliAife,  Cimon's  sister  (Plut  Cimon,  4).     But 

tk«  bslaace  of  evidence  is  on  the  unfavourable 

•««.    Perhaps  the  Andria  of  Terence  will  give 

t)  tkf  best  idea  of  the  possibilities  and  actualities 

tf  Athenian  marriage.     The  plot  of  that  play  is 

p  Kiatie :  each  of  the  lovers  marries  his  beloved. 

^t  the  (thos  of  the  play  is  totally  against  such 

>  <Qx'ettsfal   result,   which   happens  by  pure 

ic^t.    Eridently,  the  father's  will,  and  not 

i>.  artr's  passion,  is  the  real  animating  cause 

«vdi  prodoces  marriage  in  any  ordinary  case. 

*a:i  iorers,"  says   Simo,  one  of  the  fathers, 

"tNijta  tad  grievance  that  a  wife  should  be 

•«sT»*d  to  them  "  (Act  i.  scene  2>    The  wife, 

'^%  vat  not  generally  the  beloved.    And  the 

'tlimit«d  obedience   professed    by    Pamphilus, 

^ao's  SOD  (v.  3X  leaves  him    wholly  in  his 

•»*j»r'«  power,  at    the    risk    of    unspeakable 

^i^nr  to  the  object  of  his  affections.     Not  less 

'-^s-late  if  the  ol^edience  promised  by  the  profli- 

^j  MS  in  the  Drinununus  of  Plautns  (r.  3,  8) : 

"^b  dacam.  pater,  etiam  si  quam  aliam  ju- 

^'•^-     Eridently  these  are  meant  to  be  moral 

"Qtinents;  bat  to  us  it  is  repellent,  that  a 

^^f'*  iadiTidnality    should    have    no    rights 

'''goed  to  it  in  such  a  matter,  and  that  duty 

'v.bU  be  held  to  consist    in    mere    external 

^•slmee  to  another.    The  plain  prose  of  the 

'fitter  ii  expressed  by  the  author  of  the  speech 

'xm  Seaera  (p.  1386,  §   122):  "We   have 

'^ue  compsnicHis  (iraipas)  for  our  pleasure, 

*-BMB«$  £>r  daily   attendance  on   our  per- 

•*«,  fcut  wives  in  order  that  we  may  beget 

•WmtU  children    and    that  we  may   have 

^  ^J»f«l  guardian  of  our  households."     The 

•  ■wralitf  of  such  a  remark   is   the  more 

J*^^  when  we  remember  that  it  is  in  part 

;*«ied  to  he  the  acknowledgment  of  a  certain 

-•Ttotheiute. 

J^ictlr  ipeakiag,  the  Athenians  did  not  think 

*;«^y  of  marriage ;  but  they  did  think  meanly 

^  *tf«.   The  most  honourable  side  of  their 


conception  of  it  was  that  which  concerned  the 
family ;  the  necessity  that  a  man  should  pre- 
vent his  "  heritege  being  desolate,  and  his 
name  beine  cut  off'*  {Srus  fiii  ^Icpif/fuio-ovo-i 
robs  tr^€r%pct¥  tdrrvy  olkovt);  that  some  one 
should  make  offerings  at  his  grave  (AXA*  Iotoi 
rts  Koi  6  iyaymfj  Isaeus,(2ff  ApolL  Hered,  §  30): 
a  feeling  which  is  eloquently  expressed  by  Plato 
in  the  Laws  (vi.  p.  773  B),  <'We  must  take 
hold  of  the  eternal  nature  by  providing  to  God 
ministers  to  sUnd  before  him  in  our  stead,  the 
descendants  whom  we  leave  behind  us."  Even 
this  very  praiseworthy  sentiment  was  sometimes 
abused  through  the  practice  of  unlimited  adop- 
tion (for  instances  of  which,  see  the  speech  of 
Demosthenes  against  Leochares). 

Of  the  three  most  celebrated  Greek  writers 
who  have  treated  of  the  subject  of  marriage — 
Plato,  Aristotle,  and  Xenophon — Plato  is.  the 
one  who  comes  nearest  to  touching  the  real 
error  of  Athenian  sentiment  respecting  mar- 
riage. In  the  beginning  of  the  speech  in  the 
Laws  just  referred  to,  he  clearly  shows  that 
reciprocation  of  vital  influences  is  the  root  of 
the  beneficent  effects  of  marriage.  Had  he 
seen  that  this  reciprocation  lies  in  the  inter- 
change of  noble  thought  and  feeling  between 
husband  and  wife  personally,  he  would  have 
penetrated  to  the  secret  of  the  whole.  And  he 
cannot  have  been  far  from  seeing  it:  for  he 
thought  better  of  the  capacities  of  women  than 
any  of  his  contemporaries.  But  he  falls  short, 
partly  because  the  reciprocation  which  he 
commends  is  contemplated  by  him  in  too  physical 
a  manner,  and  partly  because,  when  he  does 
regard  it  spiritually,  it  is  the  wife's  family  in 
iU  entirety  that  he  looks  upon  as  influencing 
the  husband.  His  faith  in  womanhood  is  imper- 
fect :  hence  there  is  a  vagueness  in  his  concep- 
tion, though  it  is  a  noble  one.  A  similar  defect 
appears  in  his  lofty  sentiment  that  marriage 
should  be  entered  into  for  the  good  of  the  com- 
munity, and  not  for  the  pleasure  of  the  indivi- 
dual ;  he  is  not  aware  that  there  are  momenU 
when  personal  sentiment  has  supreme  rights. 
Aristotle  (^Eth,  Nk.  viii.  14)  gives  a  picture  of 
marriage,  beautiful  of  ite  kind ;  he  insiste  on 
the  elemente  of  affection,  and  of  a  common 
interest,  which  it  involves :  but  the  idea  of  a 
reciprocal  influence  in  it  is  not  present  to  him 
in  any  considerable  degree.  He  is  aware  indeed 
that  there  is  a  sphere  in  which  the  wife  ought 
to  rule  the  husband  {Pol,  i.  12) ;  but  he  clearly 
regards  that  sphere  as  a  superficial  one.  Xeno- 
phon, in  the  quaintly  tender  narrative  of  the 
OeconomicuSj  shows  a  somewhat  similar  appre- 
ciation of  the  wife ;  she  comes  to  her  husband's 
house  as  an  untemed  creature,  who  has  to  be 
made  pliable  and  taught  the  duties  of  house- 
keeping :  beyond  the  household  her  sphere  does 
not  extend;  she  is  recommended,  though  not 
absolutely  enjoined,  to  keep  indoors.  Yet  he 
assigns  to  her  a  share  in  the  education  of  the 
children  (vii.  12) ;  she  is  to  be  a  friend  to  the 
whole  household  ;  and  what  is  still  more  valua- 
ble, Xenophon  has  a  deep  sense  that  the  hus- 
band should  esteem  her,  nay  possibly  look  up  to 
her.  Akin  to  this  is  the  reverence  for  a  mother 
inculcated  by  Socrates  in  the  Memorabilia 
(ii.  2).  It  is  the  universal  assumption  that 
the  husband  will  be  considerably  older  than  the 
wife :   Plato  puU  the  age  of  marriage  for  the 


134' 


]£iiTBlMONIUM 


MATRIMONIUM 


man  at  fram  25  or  30  to  35,  for  the  wife  at 
from  16  to  20  (Legg.  iv.  p.  721 ;  vi.  pp.  772,  785X 
and  he  a£fixes  penalties  for  the  man  who  does 
not  marry  before  the  highest  age  mentioned; 
Aristotle  recommends  35  as  the  best  age  of 
marriage  for  the  husband,  18  for  the  wife  (Pol, 
▼li.  16). 

Let  US  now  consider  what  is  laid  down  in  the 
Athenian  taw  concerning  marriage.  Monogamy 
is,  of  course,  assumed.  Marriage,  we  are  told, 
was  made  compulsory  by  Solon  (Pint,  de  Amore 
Prci,  3) ;  but  if  so,  the  (aw  fell  into  disuse ;  and 
in  later  days  bachelors  were  subject  to  no  dis- 
adrantages  in  Athenian  territory  (cf.,  e.^., 
Demosth.  c.  L^och,  p.  1083,  §  10).  A  youthful 
citizen  was  not  allowed  to  marry  until  his  name 
was  entered  in  the  tribal  register  {Xi^^iapx^^^ 
yfMfifuuTuop).  The  restrictions  as  to  whom  he 
might  marry  differed  from  those  imposed  in 
modem  times,  being  in  part  looser,  in  part  more 
scTere.  Prohibitions  on  the  ground  of  consan- 
guinity #ere  less  numerous  than  with  us.  A 
man  might  not  marry  a  direct  ancestor  or 
descendant ;  nor  might  he  marry  stepmother  or 
stepdaughter,  mother-in-law  or  daughter-in- 
law  ;  nor,  with  an  exception  to  be  noticed,  his 
sister.  It  maybe  difficult  to  prove  the  exist- 
ence of  th^se  prohibitions  in  every  single  case ; 
but  Compare  Eurip.  AwhvnL  174-177,  Lysias 
tn  Alcib.  i.  §  28 ;  also  the  list  of  allowed  rela- 
tionships in  Plato,  Legg,  xi.  p.  925  C ;  and  with 
respect  to  the  mother-in-law,  Andocid.  de  Myst. 
§  124,  may  be  referred  to,  though  not  absolutely 
demonstrative.  It  is  worth  also  referring  to 
the  well-known  passage  In  St.  Paul  (1  Cor.  v.  1), 
though  of  80  late  a  date.  The  marriage  of 
Oedipus  was  looked  on  with  horror,  and  the 
fact  that  it  was  accidental  was  not  regarded  as 
an  alleviation.  On  the  other  hand,  the  mar- 
riage of  a  brother  with  a  half-sister  on  the 
father's  side  did  sometimes  occur  (Dem.  c. 
EvimX.  p.  1304,  §  20  ;  Plut.  Themist.  32).  Mar- 
riage with  a  niece  was  common ;  with  an  aunt 
naturally  less  so,  but  there  was  nothing  to 
forbid  it. 

The  prohibition  of  marriage  between  a  citizen 
and  an  alien  belongs  to  a  different  class  from 
tlie  prohibition  by  reason  of  relationship.  It 
would  hardly  seem  to  have  existed  in  the  early 
period*  of  Athenian  history ;  Megades  (Herod, 
vi.  130)  and  Miltiades  (Herod,  vi.  39)  both 
married  foreigners ;  the  mother  of  Themistocles 
was  a  foreigner  (Plut.  Themist,  1).  The  influx 
of  foreigners  into  Athens  in  the  time  of  Pericles 
was  doubtless  the  cause  that  necessitated  a 
more  stringent  law;  namely,  that  both  the 
parents  of  a  citizen  must  be  citizens ;  whence  it 
resulted  that  marriage  with  an  alien  was  for- 
bidden (Plut.  Pericl.  37  ;  Schol.  ad  Arist.  Vesp. 
717).  Infringement  of  this  law  took  place; 
hence  it  was  re-enacted  in  the  archonship  of 
Eudeides  f  B.a  403),  with  the  reserve  that  the 
re-enacted  law  was  not  to  be  retrospective  (Dem. 
c,  Eubul,  1307,  §  34).  Timotheus,  son  of  Conon, 
whose  mother  is  said  to  have  been  a  Thracian 
woman  (Athen.  ziii.  p.  577  b),  may  probably 
have  owed  his  citizenship  to  this  saving  clause. 
According  to  the  Scholiast  to  Aeschines  (c. 
Timarch.  §  39),  the  law  had  to  be  re-enacted 
yet  a  third  time.  Clearly  then  the  application 
of  it  was  irregular ;  and  we  may  infer  this  on 
other    grounds.      The    speech  against    Keaera 


shows  that  it  was  not  a  dead  letter ;  sad 
the  penalties  for  the  breach  of  it  then  stated 
([Dem.]  c.  Neaer.  pp.  1350, 1363)  are  very  severe.' 
So,  too,  the  plot  of  the  Andria  of  Terence  i 
largely  turns  upon  this  law.  Yet  on  the  other! 
baud  we  find  such  a  singular  case  as  that  of 
Phormion,  the  freedman  and  afterwards  thei 
successor  of  the  banker  Pasion,  who  while  still  i 
an  alien  married  Pasion^s  widow,  a  female' 
citizen ;  and  though  Apollodorua,  Fasi<m*s  son,' 
was  vehemently  incensed  at  the  marriage,  and 
brought  divers  actions  at  law  to  prove  that' 
Pasion's  will,  under  which  the  marriage  wasi 
sanctioned,  was  a  forgery,  yet  he  did  not,  until 
more  than  ten  years  had  elapsed,  aHege  this' 
ground,  which  would  so  greatly  have  helped  bis' 
case,  that  the  marriage  was  intrinsically  illegal.: 
At  last  he  did  put  forward  this  ground  (Dem.' 
c.  Steph,  ii.  p.  1132,  §  13),  but  by  that  time 
Phormion  had  received  the  citizenship  by  a  vote 
of  the  people.  By  way  of  important  exception! 
to  the  law,  it  should  be  noted  that  the  right  of 
intermarriage  was  granted  by  the  Athenians! 
at  variotis  times  te  other  peoples  :  to  thei 
Thebans  shortly  before  the  battle  of  Chaerooeai 
(Dem.  de  Cor,\,  291,  §  187),  to  the  Plataeaiui 
(Isocrates,  Plat  §  51),  to  the  Euboeans  (Lysias,; 
(nr^p  r^r  xoXirefosy  §  3).  ' 

Marriage  at  Athens  took  place  in  two  ^rays ; 
either  by  iyy^ffis  or  bv  iirAiKaaUu  'Kyy^tf- 
CIS  was  the  ordinary  method,  and  meant  the  act 
of  the  father  or  guardian  (K^pcor)  of  a  maiden: 
in  giving  her  in  betrothal  to  her  future  husband.' 
The  act  was  a  solemn  one,  the  relatives  of  eithcr| 
side  being  witnesses.  Whenever  any  woman | 
had  a  K^ptos,  marriage  could  take  place  by^  no' 
other  method  than  this.  If,  however,  a  wonkan! 
were  left  an  heiress  (iwlitXyipos)  without  having! 
a  Kifpios  (and  according  to  the  law  given  in| 
Dem.  c.  iSI^A.  p.  1134,  §  18,  only  the  fiather,  the: 
brother  born  of  the  same  father,  and  the  grand-! 
father  on  the  father's  side,  could  discharge  this! 
office  by  virtue  of  natural  relationship),  then! 
the  next  of  kin  might  claim  her  in  marriage! 
(Isaeus,  de  Pyrrh.  lured,  §  78),  preference  being 
given  to  kindred  on  the  father's  side  ;  sncb  al 
claim  was  called  hnMucaffla^  and  was  brought! 
in  the  first  instance  before  the  archon.  [Epf- 
CLBRUS.]  The  public  interest  in  such  a  claim  i 
being  allowed  lay  in  the  danger  of  dissensions 
being  caused  by  rival  suitors,  of  which  Aristotle 
(Pol,  V.  4)  gives  instances.  If  the  heiress  w^er<* 
poor  (0^o'<ra),  it  was  likely  that  no  claimant 
would  come  forwai*d  ;  in  this  case  the  arcbon 
was  bound  to  compel  the  next  of  kin  either  bim-< 
self  to  marry  the  heiress  or  to  portion  her  and  gir« 
her  in  marriage  (Dem.  c.  Macart.  p.  1067,  §  51). 
It  is  to  be  inferred  that  the  next  of  kin  wa< 
regarded  as  K^ptos  of  the  heiress  in  sach  a  case 
as  this.  Legitimate  children  at  Athens  were 
invariably  the  offspring  of  a  marriage  ratified 
according  to  one  of  these  forms. 

At  the  time  of  the  betrothal  the  dowry  of 
the  bride  was  settled;  and  this  indeed  was  a 
most  important  point  for  her  future  welfare. 
For — and,  among  the  many  points  which  show 
that  Athenian  law  looked  upon  the  wife  as  a 
sort  of  foreigner  in  the  family,  this  is  one  of  tbi* 
most  remarkable  —  the  wife  was  reckoned  to 
have  no  claim  at  all  on  her  husband's  property. 
Supposing  her  husband  died,  even  the  most  d£»- 
tant  cousin  might  inherit  from  him;  bat   the 


liATRIMONIUM 


MATRIMONIUM 


135 


vifev  otra,  Kmy,  she  might  not  eren  continiie 
U>  Ttsytde  in  his  house  after  his  death,  unless  she 
pleaded  pregnancy ;  in  that  case  she  would  come 
onder  the  protection  of  the  archon,  and  would 
remain  undisturbed  until  the  child  was  bom  (Dem. 
c  MacarL  p.  1076,  §  73).  Thus  in  Dem.  c. 
Boeot  pc  1010,  §  6,  the  wife  of  Cleomedon  leaves 
her  husband's  house,  and  is  portioned  out  again  by 
y^T  br&thers.  If  in  i>em.  c  Phaenipp,  p.  1047, 
§  27,  this  does  not  happen,  the  reason  is  that  the 
two  vomen  there  mentioned  are  the  wards  of  their 
own  sons,  who  maintained  them  out  of  their 
skwries.  Neither  could  a  mother  inherit  from 
her  cvtt  children  (Isaens,  de  Hagn,  hered.  §  12). 
Hence  the  dowry  was  the  only  security  to  the 
wif«  against  extreme  poTerty,  in  the  event  of 
ht-r  husband's  death,  or  if  she  were  divorced ; 
the  husband  therefore  had  to  give  ft  guarantee 
f{»r  its  return  in  the  shape  of  some  piece  of 
landed  property.  [Oos.]  We  find  that  wealthy 
men  would  vometimes  portion  the  daughters  of 
their  poorer  neighbours  (Lysias,  de  bonis  Aristopih* 
§  17).  It  would,  however,  be  incorrect  to 
suppose  that  the  dowry  would  ever  become  the 
wtfe*s  absolute  property;  it  would  in  the  case 
supposed  revert  to  her  mfpios^  who  would  either 
support  her  from  it,  or  give  her  in  marriage 
again.  Bat  as  gainst  her  husband  or  his 
creditors,  it  was  absolutely  hers.  The  dowry, 
as  has  been  said,  did  not  exist  in  Homer's  time, 
Aod  was  a  gradual  growth ;  Plato  disapproved 
of  it  (J^egg»  yt.  774  A)  as  tending  to  produce 
Ararice ;  in  early  times  it  was  small.  The  law 
which  Plntarch  attributes  to  Solon  (Plut.  Solon^ 
c  20^  restricting  the  amount  of  dowry  to  three 
garments  and  some  household  utensils  (for 
d^wry  is  what  Plutarch  clearly  means,  though 
Le  iue%  the  word  ^pr^  and  not  the  more  usual 
vpat^)  is  a  highly  probable  one;  and  highly 
probable  also  is  it  that  it  shop  Id  have  fallen 
iiito  desuetude.  Attempts  to  legislate  against 
the  unaToiklabie  tendencies  of  society  are  a  very 
fsmUiar  feature  of  history  ;  and  there  seems  no 
reason  for  depriving  Plutarch's  statement  of  all 
its  meaniog  by  supposing  the  ^cpy^  to  mean 
limply  wedding  presents.  Even  in  later  times 
the  dowrj  was  not  an  absolute  necessity  (Plaut. 
Thstwrnnus,  ii.  2,  97-102) :  though  the  want  of 
it  might  entail  difficulty  and  discredit. 

It  is  again  very  notable  that,  in  spite  of  the 

fcvmal  betrothal  and  marriage,  the  husband  was 

no  more  st6pias  over  his  own  wife  than  before. 

The  father,  or  whoever  had  been  the  previous 

protector,   retained  his  office.     Thus  in   Dem. 

<*.  Spvd.  p.  1029,   we   find   the  father  taking 

•iway  his  daughter  from  the  husband  to  whom 

he  had  given  her  in  marriage,  and  m»rr}'ing  her 

to  another  husband.      This   would   not    have 

been  sanctioned  by  Roman  law.     Nay,  even  if 

(h^  father  died,  the  husband  did  not  become 

KvpwSy    unless   he   had   been    adopted   by   the 

father :  as  we  see  from  the  case  of  the  daughter 

«f  Aristarchus  (Isaeus,  de  Arist.   her,  §  27), 

whose  husband  dared  not  claim   the  property 

«Uch  was  due  to  his  wife,  because  the   next 

•*f  kia  threatened  to  take  away  his  wife  if  he 

nJsed  diificttlties.   Isaeus  (de  Pyrrh.  hered,  §  78) 

t'rlU  us  that  many  husbands  had  been  deprived 

«f  their   wives  in  this  way.     If,  however,  the 

fatiktr  had  left  his  daughter  by  will  in  marriage 

W  anyone,  the  hu«banfl  so  constituted  became 

eV*<  over  his  wife.    In  default  of  any  special 


provision  either  in  this  way  or  by  the  husband 
being  adopted  into  the  house  of  his  father-in- 
law,  the  protectorship  over  the  wife,  after  her 
father's  death,  would  belong  to  her  brother,  or 
perhaps  grandfather ;  and  whoever  was  K^pioSf 
had  the  entire  disposal  of  the  wife,  just  as  if 
she  had  been  unmarried.  (Cf.  Dem.  c.  EvbvU. 
p.  131 1,  §  40.)  Supposing,  however,  the  husband 
was  ic^pios  over  his  wife,  he  had  then  rights 
as  anomalous,  to  our  thinking,  as  his  want  of 
rights  was  in  the  other  case ;  in  his ,  office  of 
ic^cos  he  could  give  her  in  marriage  to  an- 
other person  just  as  if  he  had  not  been  her 
hubbaud  (Dem.  pro  Phorm,  p.  953,  §  28 ;  Isaeus, 
de  Mened.  hered.  §§  7,  8).  And,  as  a  matter  of 
course,  he  could  direct  by  his  will  that  she 
should  be  married  to  another  pei*son.  In  short, 
a  woman,  whether  maiden,  wife,  or  widow,  was 
always  under  guardianship,  always  at  the  dis- 
posal of  another.  Her  own  sons,  if  two  years 
past  the  age  of  manhood,  would  be  her 
guardians,  supposing  she  were  left  a  widow 
without  any  other  icJpior. 

Those  who  regard  the  catalogue  of  wrongs 
(if  it  is  fair  to  say  that  the  absence  of  rights 
constitutes  a  wrong)  suffered  by  women  at 
Athens,  as  recapitulated  in  the  last  two  para- 
graphs, will  not  think  that  the  Athenians  had 
any  reason  for  pluming  themselves  over  the 
Spartans  as  respects  their  treatment  of  the 
weaker  sex.  The  plaintive  lament  in  the 
Tereus  of  Sophocles,  '*  We  women  are  nothing  : 
happy  indeed  iu  our  childhood,  for  then  we  are. 
thoughtless;  but  when  we  arrive  at  maiden- 
hood, driven  away  from  our  homes,  sold  as 
nacrchandise,  compelled  to  many  and  to  say, 
'  All's  well ' :  "  and  the  more  vigorous  invective 
of  Medea  against  the  oppression  of  her  sex 
(Eurip.  Med.  230-266),  doubtless  had  their 
prototypes  in  some,  at  any  rate,  of  the  suffering 
Athenian  women.  It  is  curious,  however,  to 
find  that  Medea  complains  of  the  dowry  as  a 
wrong.  **  We  have  to  buy  ourselves  a  husband," 
she  says.  With  much  more  reason  does  she 
complain  of  the  terrible  risk  to  which  women 
are  subjected,  without  any  choice  when  a 
husband  is  forced  upon  them ;  of  the  tedium  of 
the  life  indoors,  debarred  from  that  general 
society  which  the  husband  enjoyed;  and  still 
more  of  the  worst  possible  injury,  if  that 
happened,  when  the  husband  left  her  and 
sought  the  bed  of  another.  The  poets,  like  the 
philosophers,  had  sympathies  in  which  the 
legislators  and  orators  of  Athens  were  wanting ; 
and  Euripides  (who  was  very  unjustly,  as  far 
as  we  can  tell,  termed  a  woman-hater)  seems 
even  to  have  thought  that  a  woman  should  not 
marry  a  second  time  (Trooef.  656-671),  and 
therefore  of  course  that  she  should  not  be  com- 
pelled BO  to  marry.  If  it  cannot  be  inferred 
from  Alcestis^  328-331,  that  he  disapproved  of 
a  man  marrying  a  second  time,  the  lines  are  at 
any  rate  remarkable. 

The  provision  for  heiresses  marrying  their 
next  of  kin.  mentioned  above,  was  a  single 
example  of  a  customary  practice;  to  marry 
within  the  family  was  common ;  whether  it 
was  equally  salutary  may  be  doubted.  It  had 
its  points  of  convenience,  of  course.  (Compare 
the  Hebrew  law,  Numbers  xxvii.  1-11,  and  the 
example  of  it  in  Ruth  iv.)  But  there  were 
professional  matchmakers  called  vpo/injo-rpfSct 


136 


MATBIMOXIUM 


or  wpofiyiitrrplai  (Xen.  Mem,  ii.  6,  36 ;  Pollux, 
iii.  31),  who,  however,  did  not  stand  in  high 
esteem  (Plato,  Thsaet.  p.  150  B). 

The  marriage  ceremonial  at  Athens,  among 
the  higher  classes,  was  more  elaborate  than 
with  us.  The  consecration  of  all  girls  to  Ar- 
temis, when  they  were  ten  years  old,  at  the 
festival  Brauronia,  stood  in  intimate  relation 
with  it.  [Brauronia.]  When  the  marriage 
itself  drew  near,  the  sacriHce  to  the  tutelar 
gods  of  marriage  ($€ol  ya^iiiKtOk)  toolc  place. 
This  was  performed  by  the  father,  and  might 
take  place  some  days  before  the  marriage  (Eur. 
Iph.  in  Aul,  718),  or  on  the  day  itself  (Achill. 
Tat.  ii.  12).  As  to  who  the  tutelary  deities 
were,  custom  appears  to  have  varied.  Diodorus 
Sicnlus  (v.  73)  names  Zeus  and  Hera;  but 
Pollux  names  Hera,  Artemis,  and  the  Fates  (iii. 
38) :  Artemis  is  also  mentioned  in  relation  to 
Boeotia  and  Locris  in  Plut.  Aristid.  20 ;  and  the 
Nymphs  are  mentioned  in  Plut.  Amat,  Narr,  1. 
The  sacri6oe  itself  was  called  irpariXtta  y^^r, 
or  itpoydfuuif  and  it  was  regarded  as  a  dedi- 
cation of  the  bride  to  the  deities  named,  some 
locks  of  the  bride's  hair  (dirapx<^)  being  offered 
as  a  symbol  of  the  dedication  (Pollux,  /.  c).  On 
the  wedding  day  itself,  bride  and  bridegroom 
bathed  in  water  drawn  from  a  particular  foun- 
tain of  running  water :  at  Athens  this  was  the 
fountain  CaliirrhoS,  also  cnlled  iwytdxpovrot 
(Thucyd.  ii.  15).  The  water  from  this  fountain 
was  carried  either  by  a  boy  (Harpocration)  or  n 
girl  (Pollux,  iii.  43);  from  which  custom  was 
jirobably  derived  that  other  custom  of  placing 
over  the  tombs  of  those  who  died  unmarried 
the  image  of  a  girl  carrying  water  (Dem.  c. 
Leoch.  pp.  1086,  1089).  Sometimes  the  pitchei 
of  water  alone  wns  carved  (Kustath.  ad  Iliad. 
xxiii.  141).  I^te  in  the  evening  of  the  wedding 
dny,  the  bridegroom  fetched  his  bride  from  her 
jmronts*  house,  on  a  car  (JkiAo^a)  drawn  by 
horses,  mules,  or  oxen;  on  either  side  of  her 
sat  the  bridegroom  nnd  his  '^  best  man  "  (irap<i- 
vvfi^os  or  irdpoxofj  Arist.  Av.  1735).  In  front 
of  the  car  went  the  torch-bearing  procession 
{9§its  WfA^tKoi),  the  nuptial  torch  having 
been  lit  by  the  mother  of  the  bride  (Eurip.  Iph, 
in  Aui,  732)  or  of  the  bridegroom  (Eurip.  Med. 
1027  ;  Phoeniss,  344) ;  bride  and  bridegroom 
were  crowned  with  chaplets,  and  clothed  in 
festal  attire,  as  also  were  the  attendants,  the 
bride  being  covered  with  a  long  veil ;  congratu- 
lations were  poured  out  by  relations,  friends, 
and  well-wishers,  and  the  cry  **tfi^v  *Tfi4yai*  &  re- 
sounded to  the  sweet  playing  of  flutes  (Aristoph. 
PaXf  1316-1356;  Hom.  //.  xviii.  490,  Odyss.  vi. 
27 ;  Plut.  Amat,  26 ;  Harpocration).  On  their 
reaching  the  bridegroom's  houKC,  a  peculiar 
custom  prevailed  in  Boeotia:  the  axle  of  the 
car  was  burnt,  to  symbolise  the  irreversible  step 
taken.  Yet  be  it  observed,  that  the  bride- 
groom who  had  been  married  before  could  not 
bring  his  bride  home  in  this  exultant  way ;  n 
friend  {wfi^ay^^s)  in  that  case  brought  the 
bride  to  him  from  her  house.  At  the  entrance 
to  the  bridegroom's  house,  sweetmeats  (icora* 
X&<rfMra)  were  ix>ured  upon  the  wedded  pair 
(Schol.  ad  Arist.  Plut.  768) :  the  doors  of  the 
house  were  covered  with  garlands,  as  were  those 
of  the  bride's  house.  Then  followed  the 
wedding- feast  (Bolrti  yofuidi),  usually  in  the 
honte  of  the  bridegroom,— one  of  the  most  im* 


MATBDiONIUM 

portant  parts  of  the  entire  ceremonial ;  for  the 
guests  were  in  fact  witnesses  to  the  marriage, 
and  their  testimony  was  the  final  and  single 
proof  that  it  had  taken  place,  since  documentary 
evidence  was  not  looked  for  or  provided  (Dem. 
c.  Onet.  p.  869,  §  20;  Athen.  v.  p.  185  a>  At 
the  wedding-feast  women  were  allowed  to  be 
present,  though  at  different  tables  from  the 
men  (Lucian,  Canviv.  8 ;  Athen.  xir.  p.  644  a ; 
Eurip.  Iph.  in  Aid.  722).  Sesamenxkes,  if  m- 
bolical  of  a  fertile  marriage,  formed  a  part  of 
the  feast  (Schol.  ad  Arist.  Pax^  869).  At  the 
conclusion  of  the  feast,  the  bride  was  oondacteJ 
veiled  into  the  bridal  chamber ;  the  bridegroom 
closed  the  door;  and  a  law  of  Solon  enjoined, 
that  the  bride  and  bridegroom  should  eat  i 
quince  together,  to  symbolise  the  sweetness 
of  their  conversation  (Pint.  Sohn,  20>  The 
epithalamium  was  then  sung  before  the  door  of 
the  bridal  chamber  by  a  chorus  of  maidens, 
and  the  song  was  accompanied  with  dancing 
(Theocr.  Idyll,  xviii.).  But  the  Scholiast  od 
this  passage  tells  us  that  some  epithalamii 
were  sung  in  the  early  morning  to  wake  the 
wedded  piir,  the  two  kinds  being  called  aora- 
KoifiyiTuck  and  9ntytpTiKit  respectively. 

On  the  day  after  the  marriage  (accordinif 
to  Harpocration)  the  bride  for  the  first  time 
showed  herself  without  a  veil,  and  the  gifts 
which  she  on  that  day  received  from  her  rela- 
tives were  thence  called  iycucaAvrr^^ta  or 
^VT^pio.  Hesychius,  however,  says  that  these 
presents  were  made  not  on  the  second  but  on 
the  third  day;  and  ^his  may  be  correct:  for 
Pollux  (iii.  39)  mentions  that  the  gifts  made 
on  the  day  after  the  mnrriage  were  called  kntv- 
Xia,  and  that  among  them  was  a  garmeot 
{iLTOvKianipla)  presented  by  the  bride  to  the 
bridegroom,  who  on  the  succeeding  night  did 
not  sleep  with  his  bride,  but  in  his  father-in- 
law's  house,  the  bride  being  unveiled,  and  the 
&yaicaAvm(pia  presented  the  day  after. 

An  offering  to  Aphrodite  was  made  by  the 
wedded  pair,  either  on  the  wedding-day  (Plat. 
Amator.  26)  or  on  the  day  after  (Aeschin.  Ep. 
10,  p.  681).  Another  ceremony  observed  after 
marriage  was  the  sacrifice  which  the  husband 
offered  up  on  the  occasion  of  his  bride  being 
registered  among  his  own  phrateres  (Dem.  c. 
Kubul.  pp.  1312,  §  54,  1320,  §  84  ;  Isaens,  di 
Pyrrh.  hered.  §  45). 

Marriages  generally  took  place  in  the  winter 
(Arist.  /o/iY.  vii.  16);  and  the  month  Ga- 
melion  (our  Janunry)  derived  its  name  fro"^ 
the  favour  in  which  it  was  held  for  this 
purpose.  The  fourth  day  of  the  month,  *- 
cording  to  Hesiod  {Op.  800),  was  the  most 
favourable  day ;  and  as  in  a  lunar  month  this 
would  be  the  day  on  which  the  first  crescent 
of  the  new  moon  ap{)eared,  the  interpretation 
of  Proclus  seems  correct,  that  the  day  when  ron 
and  moon  met  in  the  same  quarter  of  the 
heavens  was  the  day  when  roan  and  woman 
might  best  meet  in  wedlock.  Pindar,  howerer 
(lathm.  vii.  44),  and  Euripides  {Iph.  i»  ^w* 
717)  prefer  the  full  mooa 

After  marriage  the  wife  lived  with  the  other 
female  inmates  of  the  house  in  the  yviwcmff^^^* 
or  women's  apartments :  in  a  large  house  these 
would  be  a  separate  building,  connected  by  n 
passage  with  the  men's  rooms ;  but  in  the  little 
house  mentioned  in  Lysiaa  (de  coed,  Snu^ottk. 


HATRIMOKIUM 


MATBIMOKIUM 


137 


p.  92)  the  women*a  rooms  were  on  the  npper 

ti -4r,  tilt  men'i  rooms  below :  for  the  convenienco 

ixA  safetj  of  the  wife,  however,  the  two  set« 

tencba^ed,  lod  the  husband  lived  upstairs. 

Tiw  wife  then  bad  the  superintendence  of  the 

totin  hoiuehold :  she  had  charge  of  the  ednca- 

t:aa  of  the  bojs  till   they  were  put  under  a 

Qft»ter,  of  the  girls  till  they  were  married ;  she 

btdcd  the  ack,  whether  free  or  slaref  the 

titd)«Q,  the  famiture,  the  stom,  came  under 

aer ;  aad  last,  not  least,  the  roAciiria  ^pya  (Xen. 

VrcoL  viL  6),  all  that  related  to  the  spinning 

is«i  vetnag  of  wool,  and  the  making  of  clothes 

—i*'T  it  mast  be  remembered  that  the  clothes  of 

u  aadcDt  honsehold  were  mostly  made  within 

t^  hoBse  itself.    If  the  establishment  were  a 

l^r^  ooe,  the  wife  would  have  a  housekeeper 

(rofus)  io  assist  her.  If  the  husband  were  alone, 

tk«  vi/e  would  dine  with  him,  and   familiar 

jriing  would  pass  between  them  (Lysias,  /.  c), 

(■r  perhaps  even  serious  conversation   on  the 

•fct&gs  of  the  Assembly  (Dem.  c.  Neaera,  p.  1382, 

§  U2);  but  if  the  husband  had   other  male 

friends  with  him,  it  was  thought  indecorous  for 

tJi«  wife  to  appear. 

It  will  be  seen  that  the  wife  had  no  lack  of 
inxm^  bat  they  were  duties  that  would  naturally 
lur  felt  to  be  monotonous ;  and  it  is  curious  to  iind 
!JU  religions  exercises  were  then,  as  in  later 
times,  ooe  of  the  chief  resources  to  which  she 
't«Mk  henelfl  Thus  the  husband  in  Menander's 
Miiogifnist  (fragm.  3  and  4)  complains : 

iwirpifiowtv  i^mav  ot  0eo4 
^ikt^ra  rvu%  yqyMiTac '  acl  ydp  nva 
«y«ir  cojprnf  y  wr*  wayKn ' 

Wbt  amount  of  liberty  had  the  wife?    The 

ycBvg  maiden  had  practically  none;    hxypolffi 

nfiamai  ^poupovvrai  Kdk&s,  says  Euripides  of 

tftcD  (/pA.  m  Aul.  738).     But  the  wives  were 

<«  s  somewhat  different  footing ;  and  the  ques- 

tKB  divides  itself  into  two  parts :  Whom  might 

tstj  cooverse   with?  and.  Where  might  they 

f  >?   The  clearest  answer  to  the  first  of  these 

^3e$tioas  is  supplied  by  Euripides,  Iph.  in  Aid. 

MMi52.     In  that  scene  Clytemnestra  meets 

ActtUes,  having  been  informed  that  her  daughter, 

Ipfcil^eua,  was  about  to  be  married  to  that  hero ; 

ud  Uumgh  she  had  never  met  him  before,  treats 

.•iiia  familiarly  on  the  ground  of  that  supposed 

(•'UexioD,  and  offers  to  greet  him  by  clasping 

.ybaad.    Achillea^  however,  knowing  nothing 

<  i  m  snch  alliance  (which  was  a  fiction  imposed 

('3  Clytemnestra  by  Agamemnon),  declares  that 

U.  is  ashamed  to  converse  with  a  woman,  tries 

t"  get  away,  and  rejects  her  proffered  hand.   An 

'^xpUfiation  then  takes  place,  and  Clytemnestra, 

H^ite  overcome,  declares  that  now  for  her  part 

*^«  i^  ashamed  to  look  at  him.    This  passage 

)ry^t&  dearly,  that  a  woman  might  in  the  time 

^  cormtry   of  Euripides  hold   familiar  con* 

^^mtioo  with  any  near  male  relative,  but  not 

vith  SDV  other  male  person.    A  similar  con- 

'<':itoQ   on  the    positive    side   appears    to  be 

^'^Tscible  from  Dem.  c.  Spud.  p.  10 J3,  §  17, 

*arre  we  find  Spudias  commissioning  his  wife 

^  fcpre^nt  him  on  the  occasion  of  her  father 

■««g  his  will,  when  clearly  other  male  re- 

*tTts  were    present ;   a    commission    which, 

'*  ^j  be  remarked  in   passing,  shows  that 

'^  Athenian     woman    might    and     probably 

*9qU  be  able  to  read  and   write,  and  was 


sometimes   by  no  means  incapable  in  business 
matters. 

But  how  far  had  an  Athenian  matron  freedom 
of  locomotion — how   far  might  she  go  out  of 
doors  ?    This  is  by  no  means  so  simple  a  question 
as  the  former.   Nevertheless,  as  far  as  the  latter 
period  of  the  Athenian  commonwealth,  and  as 
far  as  the  city  of  Athens,  are  concerned,  a  very 
clear  and  exact  answer  seems  to  be  given  by 
Hypereides  (ap.  Stob.  Ixxiv.  33):  ^The  woman 
who  goes  out  of  her  own  house  ought  to  be  in 
that  time  of  life  when  the  men  who  meet  her 
will  asic,  not,  Whose  wife  is  she  ?  but,  Whose 
mother  is  she  ?  "     We  may  fairly  suppose  then 
that  a  woman   of  fifty  (or  perhaps  one   still 
younger)  might  without  censure   walk   about 
Athens  in  the  middle  of  the  4th  century  B.a, 
provided    she    were    accompanied    by    an    at- 
tendant.      This    would    apply    to    women    in 
the  highest  rank   (though  these,  it  is  likely, 
would  not  wish  to  leave  their  homes  much) ;  in 
lower  ranks  there  would   be  greater  freedom, 
and  really  poor  women,  as  Aristotle  expressly 
tells  us  {Pol,  iv.  15,  vi.  8),  were  obliged  to  go 
out  to  purchase  necessaries.      Thus,  too,   we 
find  citizen  women  selling  in  the  market  {e.g, 
Aristoph.  Thesmoph,  448),  and  in  Dem.  c.  JBubul. 
p.  1308,  §  30,  a  law  is  referred  to  which  made 
it  an  off*ence  to  reproach  them  for  so  doing. 
There  is,  however,  some  reason  to  think  that 
this  law  was  annul le4  or  forgotten  after warda ; 
for  in  [Dem.]  c.  Neaera,  p.  1367,  §  67,  another 
law  is  quoted  which  certainly  casts  a  slur  on 
such  occupation.     On  the  whole,  the  passages 
bearing  on  the  question  do  not  favour  the  idea 
that  Athenian  wives  acquired  greater  liberty  as 
time  went  on.   Solon,  it  should  be  observed,  laid 
down  a  law  that  a  woman  must  not  go  out  at 
night  except  in  a  vehicle  and  with  a  lantern  m 
front  of  her  (Plut.  Solon,  21),  from  which  we 
gather  that  a  woman  might  go  out  at  night 
under  these  conditions,  and  might  sometimes  go 
out  in  the  day-time  without  complying  with 
these  conditions.    This  gives  a  very  different 
idea  of  the  liberty  of  women  from  that  implied 
in  the  well-known  passage  of  the  orator  Lycurgns 
(c.  Leocrat  §  40),  in  which,  after  the  defeat  at 
Chaeronea,  the  Athenian  women  ai-e  described 
as  cowering   in   a  panic  at  their  house-doors, 
inquiring  after  the  safety  of  those  dear  to  them, 
*<  being   gazed  upon  in  a  manner  unworthy  of 
themselves  and  of  the  city."    It  is  true,  how- 
ever, that  the  comparative  smallness  of  Athens 
in  the  time  of  Solon  may  have  made  it  less 
dangerous  for  a  woman  to  be  seen  in  the  public 
ways  then.     It  may  be  inferred  from  some  ex  > 
pressions  in  Xenophon's  (^ecofiomictis,  that  women 
enjoyed  more  liberty  in  the  country  than  in  the 
town,  as  would  indeed  be  expected.     When  in 
Athens,  they  would  leave  their  houses  to  join  in 
processions  at  the  festivals,  and  also  to  witness 
the  tragedies  at  the  theatres  (see  the  evidence  on 
this  point  in  the  excursus  on  theatre-goiqg  in 
Becker's  Charikka)  ;  on  other  occasions  seldom, 
except  for  causes  of  real  necessity.     And  in    a 
similar  way,  for  a  man  to  intrude  into  the  711^04- 
Kwirit  was  a   very  unseemly  act  (Lysias,  c. 
Simon.   §  6) ;  nay,  a  friend  of  the  family  might 
not   enter    the    house   in    the  abij^nce  of   its 
master,  even  for  the  sake  of  helping  the  faiiiily 
against    assailants    (Dem.    c.  Euerg.  p.    1157, 
§  60).      Numerous    other  passages   might   be 


138 


MATBIMONIUH 


BfATBIMOKIUK 


quoted  bearing  on  this  qaettion,  but  these  will 
be  sufBcient.  [See  also  Gymaeoonoml]  The 
8ubject«  of  diTorce  and  adultery  are  treated 
under  the  articles  Diyortium,  Adulterium. 

Athenian  law  did  not  concern  itself,  as  tar  as 
we  know,  about  the  marriage  of  the  ftiroucoi 
(resident  aliens).  Slaves,  of  course,  were  in- 
capable of  marriage ;  but  we  find  the  author  of 
the  OeamomicuSf  attributed  to  Aristotle  (t>  5), 
recommending  that  they  should  be  allowed  to 
beget  children,  as  they  will  thus  be  more  faith- 
ful to  their  masters.  It  is  then  to  be  inferred 
that  they  would  be  allowed  geneimlly  to  retain 
their  children  as  their  own. 

Besides  the  works  of  Bachofen  and  McLennan, 
referred  to  in  an  early  part  of  this  article,  the 
following  works  may  be  referred  to  on  the  sub- 
ject treated  of:  —  Miiller's  DorianSt  for  the 
Spartan  customs.  Becker-GtfU,  Charikles,  iii. 
pp.  308  fT.  (the  excursus  on  the  Women  contains 
more  general  information  on  the  subject  than 
any  other  modern  work).  Van  den  £s  (dc  Jvrt 
Familiarum  apud  Athenienaea,  1864) ;  the  fullest 
book  on  the  law  of  the  subject.  For  the  philo*' 
sophy,  Newman's  Aristotle,  yoI.  i«  pp.  168-198 
(Oxford^  1887).  For  the  Homeric  period,  Lenz's 
Oeschiekte  der  Weiber  im  heroiacken  Zeitalter, 
may  be  consulted.  Mahafi^  {Social  Life  in 
OrieoCf  pp.  170-194)  has  some  interesting  re- 
marks on  the  relation  of  the  poets  to  the  ques- 
tion, esp<u:ially  as  regards  Euripides.    [J.  R.  M.] 

II.  Roman.  Marriage,  an  institution  regu* 
lated  oy  law^  but  to  a  great  extent  beyond  the 
domain. of  law,  was  among  the  Romans  a  com- 
plete union  for  life  between  a  man  and  one 
woman,  an  intercommunion  of  sacred  and  human 
law  (Dig.  23,  2,  1),  which  had  for  its  main 
object  the  procreation  of  children  (libenim  quae^ 
sunditm  gratia).  To  marry  and  beset  children, 
who  could  keep  up  the  sacra  fiuniTiariOf  was  a 
religious  duty  of  a  Roman  (Fustel  de  Coulanges,- 
La  Cite  Antique,  pp.  41-54),  and  also  a  duty  to 
the  commonwealth.     [Lex   Julia  et  Papia 

POPPAEA.] 

On  account  of  its  religious  and  social  import- 
ance, marriage  was  attended  with  many  rites 
and  observances,  which  were  not  necessary  for 
its  legal  formation.  In  the  first  part  of  this 
article  it  is  proposed  to  confine  the  reader's 
attention  for  the  most  part  to  the  legal  a^ct 
of  marriage  as  regards  its  formation  and  con- 
sequences, and  in  the  latter  part  to  describe  the 
nature  of  marriage  rites  and  observances. 

The  only  marriage  recognised  in  early  Roman 
law  was  that  which  was  oonformable  to  the  Jus 
Civile,  and  which  was  called  Justae  Nuptiae,  in 
later  times  also  Justum  Matrimonium.  ((Jlpian, 
V.  1,  2.)  To  this  marrisge  of  Jus  Civile  the 
matrimonium  juris  gentium,  or  marriage  accord- 
ing to  gentile  law,  came  to  be  opposed  (Gains, 
i.  87).  The  word  mafrimoniuiii  seems  to  have 
been  used  originally  to  signify  a  marriage  which 
was  not  a  civil  marriage,  the  child  of  such  mar- 
riage following  the  condition  of  his  mother 
instead  of  that  of  bis  father,  as  would  have  been 
the  case  if  he  had  been  bom  from  justae  nuptiae, 

A  Roman  civil  marriage  was  either  cum  con- 
venOone  wroris  in  manum  viri,  or  it  was  sine  in 
manum  oonverttione  ((Jlpian,  xxvi.  7).  The  mar- 
riage cttin  conventione  in  manum  differed  from 
that  fiine  contentione,  in  the  effect  which  it  had 
on  the  condition  of  the  wife. 


By  the  marriage  cum  conventions,  the  wife 
came  into  the  power  (manus)  of  her  husbaml,  or, 
if  he  were  a  filiusfamilias,  of  his  paterfismilias : 
leaving  her  own  familia,  she  passed  into  the 
famiha  of  her  husband,  and  was  to  him  in  the 
relation  of  a  filiafamilias  (Cic.  Tup.  3, 14 ;  *'  filia« 
loco  est,"  Gains,  ii.  159).    In  marriage  sine 


ventione  the  wife  did  not  pass  into  the  power  of 
her  husband;  she  was,  as  it  were,  a  stranger 
(extranea)  in  his  household,  her  relation  to  her 
own  family  remaining  as  before  the  marriage ; 
she  did  not  share  in  the  familiaria  sacra  of  her 
husband,  and  was  no  civil  relation  to  her  own 
children. 

A  marriage  cum  conventione  was  a  naceaaary 
condition  to  make  a  woman  a  mater&milins  m 
the  strict  sense  of  the  word.  In  the  mai'rimge 
sine  conventione  the  wife  was  merely  uxor  ;  that 
is,  a  wife  and  nothing  more.  Thns  Cicero  (/.  c.) 
says :  *'  Uxor  is  a  genus  of  whieh  there  are  two 
species  (*duae  formae,'  Quintil.  x.  62):  c»ne  is 
mater&milias,  *  quae  in  manum  convenit ; '  the 
other  is  uxor  only." 

The  term  **  materfamilias  "  would  only  be  ap- 
plicable to  a  woman  ^' quae  in  manum  coarenit," 
when  her  husband  wa-s  sui  juris,  not  if  he  were 
a  filiusfamilias.  Gellius  (xviii.  6)  also  states 
that  the  abore  was  the  old  meaning  of  mater- 
fttmilias.  Matrona  was  properly  a  wife  not  im, 
manu,  and  eqniralent  to  Cicero's  tantununodo 
uxor  (Gellius,  xviik  6,  8).  But  these  words  are 
not  al  wavs  used  in  their  original  and  proper  mean- 
ings (cf.'yoigt,  XIL  Tafeln,  ii.  §  158,  n.  4).  A^ 
an  uxor  sine  conventione  was  not  a  member  of  a 
patriarchal  family,  but  a  stranger  in  her  husband's 
household,  it  seems  probable  that  in  the  moat 
ancient  Roman  fiimily  law  such  a  wife  was  not 
recognised,  and  that  mfiKus  was  a  necenary  con- 
sequence of  marriage ;  from  an  early  time,  how- 
ever, jusiae  nupUae  could  exist  without  manus 
being  attached  to  them,  aid  this  freer  kind  of 
marriage  being  preferred  by  women  and  their 
families  gradually  supplanted  marrisge  with 
numtts,  ami  came  into  general  use.  In  the  time 
of  Gaius  marital  manus,  li^hich  had  long  ceased 
to  be  common,  was  almost  obsolete,  and  soon 
<afterw^s  it  altogether  disappeared  from  the 
law. 

A  Roman  civil  marriage  may  be  viewed,  first, 
with  reference  to  the  capacity  for  entering  into 
it;  secondly,  with  reference  to  the  mode  in 
which  it  was  contracted ;  thirdly,  with  reference 
to  its  legal  consequences. 

The  right  of  entering  into  a  valid  drtl  mar- 
riage, uxoris  jure  ducendae  facultas  (UIp.  Frafj. 
5,  3),  is  called  the  Jos  Conubii.  The  Jus  Cottjnbii 
belonged  only  to  Roman  citizens ;  the  cases  in 
which  it  at  any  time  existed  between  parties 
not  both  Roman  citizens,  were  exceptions  to  the 
general  rule.  '<  Roman  men  citizens,"  says 
Ulpian  {Fi'agm.  5,  4,  1 1),  **  have  oonubmns  with 
Roman  women  citizens  (Roroanae  cires),  but 
with  Latinae  and  Peregrinae  only  in  those  cases 
where  it  has  been  permitted.  With  slaves  there 
is  no  conubhun." 

Originally  there  was  no  conubium  between  the 
pntricians  and  plebeians,  and  it  is  a  qnestion 
whether  previous  to  the  Servian  reforms  ple- 
beians could  enter  into  justne  nuptiae  among 
themselves,  since  they  first  became  cives  under 
the  Servian  constitution  (cf.  Li  v.  iv.  2Xand  civitas 
was  a  condition  of  justae  nuptiae.     But  though 


HATBDfONIUM 


MATRDfONIUtf 


139 


befere  thii  elia]^  pfttriciins  niny  not'  faaro  re^ 
cognistA  pkbeian  marriage  by  purchase  as  being 
<A  the  same  footiog  with  their  own  marriage  by 
caa&matioo,  narriage  bad  long  been  established 
bf  the  piebeiana,  and  had  been  a  means  of  ac- 
qoiring  patria  jxiestas. 

Bf  the  Lex  Canuleia,  conabtiim  between  the 
patricians  and  plebeians  was  declared.  A  female 
geatilis  cunid  not,  as  a  rule,  marry  anyone  out- 
wk  her  gens — scmipCiio  ^eniis — ^by  which  the 
nnmber  of  gentiles  would  be  diminuAied,  unless 
vith  the  eonsent  of  the  gens.  <Mommsen,  Mm. 
Fenck  i.  p.  10:  see  Muirhead,  Boman  Law^ 
iiL  SS,  n.  3.) 

Tbe  division  of  the  inhabitants  of  the  Roman 
enpiTe  into  CiTea,  Latini,  and  Peregrini,  which 
existed  in  the  time  of  the  classical  jurists, 
thoogh  without  any  ethnological  significance, 
aad  the  mle,  which  was  subject  to  rarious 
«xo«ptioBi,  that  pistae  nuptiae  could  only  be 
coatrtcted  between  cires,  made  the  law  of 
ftatn,  as  it  is  described  by  Oaios  and  Ulpian, 
extremely  compUcated.  We  may  see  by  a  com- 
parison of  the  first  book  of  Oalus  with  Justinian's 
lutitotcs  how  much  the  liberal  extension  of 
ckitat  in  the  InierTal  between  thcM  works  sim* 
plified  the  law. 

Tbe  Lex  Julia  et  Papia  Poppaea  placed  oortain 
restrictions  on  marriage  as  to  the  parties  be- 
tveeo  whom  it  could  tilce  place.  [Lez  Julia  et 
Para  Pijtpabjl;  Ikpamta.]  Thus  certain 
iBarriagcs  were  prohibited  on  account  of  dis- 
pvsgement,  as  marriages  between  a  senator  and 
freedvoraen  (Dig.  23,  2, 31).  The  lex  allowed 
frsebon  persons  (ingemii)  to  marry  freedwoinen 
(/AerfuKw)  (Dig.  23,  2,  23).  Persons  within 
certam  prohibited  degiees  of  relationship  coald 
sot  iatermarry.  A  union  of  persons  within  the 
prohibited  degrees  was  an  incestuous  one.  Re* 
Utions  who  had  the  /us  oscu/t,  or  right  of  kiss 
vith  one  another,  could  not  marry  one  another. 
(Klenze,  Dm  Famiiienrieht  der  Cogmkn  md 
Afiatn  naeh  B&m.  «.  verwandUn  iStfcAtm,  p.  16. 
See  Mairbead,  Boman  Law,  iii.  p.  26.) 

h  early  times  there  eould  be  no  marriage 

between  cognates  within  the  serenth  degree, 

bat  subsequently  the  prohibited  circle  was  made 

!«■  wide.    There  could  be  no  marriage  between 

sittBdants  and  descendants,  whether  the  rela- 

tiM  wss  natural  or  by  adoption;  and  a  man 

cMld  aot  marry  an  adopted  daughter  or  grsnd* 

<!safhter,  eren  after  he  had  emancipated  her. 

Broiben  and  sister^  whether  of  the  whole  or 

btif  Mood,  oAuki  not  marry,  but  a  man  might 

Bury  a  sister  by  adoption  after  her  emancipa- 

tioa,  or  after  his  own  emancipation.     It'  became 

t«gal   to  marry    a    brother's    daughter  after 

fUudius  had  set   the   example  by   msrrying 

Afrifpiaa;  but  the  mle  was  not  carried  fniiher 

t^  the  example,  and  in  the  time  of  Gains  it 

msaimd  nnlawful  for  a  man  to  marry  his  sister's 

^•?bter  (Gains,  i.  62 ;  Tse.  Ann.  xit.  5;  8ueton. 

^^nd,  26).    Constantine  prohibit^  a  marriage 

^veen   a  man   and  his  brother's  daughter. 

livris^  between  first  cousins  were  recognised, 

^  (Hpiaa  (y.  6)  say^  that  at  one   time  the 

ivpcdinient   to  marriage   between    collaterals 

"Bocbed  the  fourth  degree— that  is,  6rst  eodsins 

"^  it  had  receded  to  the  third. 

The  marriage  of  Domltius,  afterwards  the 
Emperor  Nero,  with  Octaria,  the  daughter  of 
Clsu^ioi,  seems  at  first  sight  som«v*lmt  irre- 


uv, 


gular.  Nero  was  adopted  by  Claudius  by  a  Lex 
Curiata  (Tac.  Arm,  xii.  26),  but  he  was  ah^ady 
his  son-in-law ;  at  least  the  fiict  of  his  being  so 
is  mentioned  before  the  adoption  (Tac.  Ann, 
xii.  9).  There  seems  to  be  no  rule  of  law  which 
would  prevent  a  man  from  adopting  his  son-in- 
law  ;  though  if  the  adoption  took  place  before 
and  existed  at  the  time  of  marriage,  the  marriage 
would  l>e  illegal,  as  stated  by  Gains.  There 
was  also  no  right  of  intermarriage  between 
persons  within  certain  relations  of  affinity,  as 
between  a  man  and  his  soertis,  mirvs,  priviffna, 
and  fioosTM.    [Affikitab.] 

When  matrUige  was  dissolved^  the  parties  to 
it  might  marry  again,  but  public  opinion  made 
it  improper  ror  a  woman  to  marry  agsin,  a 
second  marriage  being  regarded  as  showing  a 
want  of  jmdieitia,  (Fest.  242,  31 ;  Ltr.  x.  23, 
5,  9 ;  Val.  Max.  ii.  1,  3;  Quint.  2M.  306.)  A  \^ 
woman  was  required  by  religions  uaage  to  Wait 
ten  months,  and  subsequently  a  year,  which  was 
her  period  of  mourning,  before  she  contracted  a 
second  marriage;  otherwise  she  in^utred  a  reli- 
gions penalty  and  also  infamia. 

There  were  some  absolute  impediments  to 
marriage.  Thus,  as  the  procreation  of  children 
was  a  main  object  of  marriage,  physical  in- 
capacity prevented  a  person  from  contracting  a 
ralid  ttiarriage.  Hence  impuberes  and  persons 
who  had  certain  bodily  imperfections,  as  eunuchs 
and  others,  who  from  any  cause  could  never 
attain  to  puberty,  could  not  marry.  But  the 
law  did  not  inquire  whether  persons  were  past 
the  age  of  begetting  or  bearing  children :  per- 
sons of  any  age  tbdre  puberty  might  marry, 
though  if  they  had  reached  a  certain  age  they 
did  not  by  their  marriage  escape  the  disabilities 
of  the  Lex  Julia  et  Papia  Poppaea.  (dip. 
Fragm,  xvi.  4.)  Insanity  was  a  bar  to  mar- 
riage. 

Betrothal  (sponacdia)  was  the  proper  and 
usual  preliminary  of  marriage,  though  it  was 
not  legally  necessary.  *' Sponsalia,"  according 
to  Florentinus  (Dig.  23,  1,  1)  **  sunt  mentio  et 
repromissio  nuptiarum  futurarum."  In  spoii- 
so/m  a  "maiden  was  promised  in  9olemn  form  to 
a  man  as  his  bride.  Such  promise  was  not  made 
by  the  maiden  herself,  but  by  her  paterfamilias, , 
or  if  she 'was  not  under  patrids  paUstaa  by  her 
tutor,  who  were  said  spandere,  the  betrothed 
becoming  Bponaa  (Plant.  Avl.  ii.  2,  79  f. ;  Pom, 
V.  3,  38 ;  Ter.  And,  i.  1,  72  f. ;  Liv.  xxxviii.  57, 
6:  cf.  Voigt,  Xir.  Tafeln,  ii.  682);  the  pro- 
mise was  accepted  by  the  man,  or  by  his  pater- 
familias if  he  were  under  potcataSj  who  in  so 
doing  were  said  deapondere,  according  to  the 
strict  sense  of  this  word.  (Donat.  in  Ter. 
And,  V.  6,  16 ;  Serv.  in  Aen,  x.  79 :  cf. 
Voigt  mtp.")  It  is  to  be  noticed  that  there 
was  no  reciprocal  promise  on  the  part  of  the 
man  to  the  person  who  promised  the  bride,  as 
there  seems  to  have  been  according  to  Latin 
custom.  Gellins  has  preserved  (iv.  4)  an  ex- 
tract from  the  work  of  Servins  Snlpicius  Rufus 
ds  Dotibus,  which  defines  the  Latin  as  distin^ 
guished  from  the  Roman  custom  on  this  subject. 
(Compare  Varro,  L.  L.  vi.  70.)  In  that  part  of 
Italy  called  Latinm  BponseUia,  according  to 
Servins,  was  a  contract  by  atipuiathwi  and 
aponaioneif  the  former  on  the  part  of  the  fntnre 
husband,  the  latter  on  the  part  of  him  who  gave 
the  woman  in  marriage.    The  woman  who  was 


140 


MATRIMONIUM 


MATBIMONIUM 


promised  in  marriage  was  accordingly  called 
sponsOy  which  is  equivalent  to  pronUssa ;  the 
man  who  engaged  to  marry  was  called  sponsus. 
The  sponaalia  then  was  an  agreement  to 
marry,  made  in  such  form  as  to  give  each  party 
a  right  of  action  in  case  of  non-performance, 
and  the  offending  party  was  condemned  in  such 
damages  as  to  the  judex  seemed  just.  This 
was  the  law  (jus)  of  tponaaiia,  adds  Servius,  to 
the  time  when  the  Lex  Julia  gave  the  cirritas  to 
all  Latium. 

But  according  to  Roman  usage,  corresponding 
in  this  respect  to  Greek,  the  sponsaliui  consisted 
simply  in  a  unilateral  promise  on  the  side  of 
the  woman,  and  did  not  create  any  legal  obliga- 
tion, neither  party  to  the  aponsalia  having  a 
right  of  action  in  the  event  of  a  refusal  to 
marry.  It  was  always  possible  for  the  person 
who  had  entered  into  the  sponsio  on  account  of 
the  maiden  to  renounce  it — repudium  renuntiare, 
renvMtiare  (Plant.  Artl.  iv.  10,  53,  69;  Ter. 
Fhorm.  iv.  3,  72 ;  Dig.  23,  1,  10).  The  re- 
nunciation was  generally  made  by  means  of  a 
nuntha  (Brisson,  de  o.  s.  nuntius).  If  a  man 
made  a  gift  to  his  betrothed  with  a  view  to 
future  marriage  (propter  nupHcu  donatio),  and 
he  broke  off  the  match,  he  lost  the  right  of 
recovering  what  he  had  given  (Cod.  5,  3,  15). 
If  a  person  entered  into  double  apcnaalia  at  the 
same  time,  he  was  liable  to  infamia.  [Infamia.] 
Persons  might  be  betrothed  who  were  below  the 
age  of  puberty,  if  they  were  not  under  seven 
years  of  age.  By  a  regulation  of  Augustus, 
comprised  in  the  Lex  Julia  et  Papia,  it  was 
declared  that  no  sponsalia  should  be  valid  if  the 
marriage  did  not  follow  within  two  years,  but 
this  rule  was  subject  to  various  exceptions. 
(Sueton.  Aug,  34 ;  Dio  Cass.  liv.  16,  and  the 
note  of  Reimarus;  Gains,  Dig.  23,  1,  17.) 

Voigt  suggests  the  following  as  the  form  of 
the  tponsalia : — **  Spondesne  Gaiam  tuam  filiam 
(or,  if  she  were  pupilla),  Gaii,  Lncii  filiam  filio 
meo,  (or)  mihi,  uxorem  dari  ? 

"  Dii  bene  vortant !    Spondeo. 

**  Dii  bene  vortant." 

Marriage  carried  into  effect  the  object  of  be- 
trothal. The  essence  of  marriage  was  consent, 
and  the  consent,  says  Ulpian,  **  both  of  those 
who  come  together  and  of  those  in  whose  power 
they  are";  and  *' marriage  is  not  effected  by 
sexual  union,  but  by  consent."  The  consent  of 
the  man  and  woman  was  necessary,  and  was  com- 
monly shown  at  the  time  of  the  marriage  by 
the  acts  of  the  parties,  as  by  dextrarum  junctio, 
and  in  later  times  by  the  aubsignatio  tabularum, 
but  the  subject  members  of  a  family  were  bound 
to  marry  at  the  bidding  (jussui)  of  their  pater- 
familias ^Gell.  ii.  7, 18),  and  without  his  consent 
they  could  not  marry.  Thus  a  filiusfamilias 
was  given  a  wife  by  his  paterfamilias  (aliquam 
fiiio  uxorem  dare :  cf.  Ter.  PKonn,  v.  8, 32  f. ;  Liv. 
xlii.  24,  3),  and  a  bride  was  given  in  marriage 
by  her  paterfamilias,  or  if  not  m  patria  potes- 
tote  she  may  possibly  have  been  given  away  at 
one  time  by  her  agnatic  tutor,  but  in  later 
times  persons  eui  juriSj  women  as  well  as  men, 
married  of  their  own  accord.  If  a  paterfamilias 
refused  his  consent  to  the  marriage  of  those 
subject  to  him  without  proper  ground,  he  might 
be  compelled  to  allow  their  marriage  by  order 
of  a  magistrate. 

The    marriage   cum   oonventione    m   manwn 


differed  from  that  sine  oonveiUionej  in  that  the 
ordinary  mode  of  entering  into  it  was  formal, 
wheraas  marriage  without  mqnus  only  required 
consent,  however  informally. expressed. 

A  marriage  cum  oonventione  might  be  effected 
by  confarreaiio,  ooemptio^  or  usus,  Confarreatio 
was  a  form  of  marriage  peculiar  to  the  patri- 
cians, while  ooemptio  seems  to  have  been  ori- 
ginally confined  to  the  plebeians;  but  when 
oonubium  was  extended  to  the  plebeians,  co- 
emptio  became  a  common  form  of  intermarriage 
between  the  two  orders.  Confarreatio  or 
farreum  was  a  religious  form  of  marriage, 
which  principally  consisted  in  an  offering,  with 
solemn  words,  of  panie  farreue  to  Jupiter 
Farreus,  in  the  presence  of  ten  witnesses,  the 
Pontlfex  Maximus  and  Flamen  Dialis  taking 
part  in  the  ceremony.  Its  formalities  are  de- 
scribed in  the  latter  part  of  this  article.  (Gains, 
i.  112;  Ulp.  ix.  1.)  The  form  seems  to  have 
been  in  use  among  other  Latin  races. 

Patrician  women  were  unwilling  to  marry  in 
this  way,  because  its  effect  was  to  give  their 
husbands  manua  over  them,  and  hence  this  form 
of  marriage  fell  into  disuse.  It  was  necessary, 
however,  to  maintain  it  to  some  extent,  becan&e 
certain  priestly  offices,  viz.  those  of  flamines 
majores  and  reges  sacrorum,  could  only  be  held 
by  those  who  were  bom  of  parents  who  had 
been  married  by  this  ceremony  (confarreati 
parenies),  and  the  holders  of  these  offices  had 
themselves  to  be  married  by  confarreatio  (Gaius, 
i.  112).  In  order  to  induce  persons  to  enter 
into  confarreate  marriages,  so  that  these ' 
priestly  offices  might  be  filled  up,  a  change  in 
the  law  was  instituted  by  Augustas,  and  folly 
carried  out  by  Tiberius,  to  the  effect  that  maiws 
should  no  longer  be  a  consequence  of  con- 
farreatio  except  quoad  sacrcL  (Gaius,  i.  136 ;  see 
note  in  Muirhead's  ed.  Tac.  Ann.  iv.  16;  Saet. 
Aug,  31.)  Gaius  informs  us  that  this  form  of 
marriage  was  in  use  in  his  time,  as  required  for 
the  above  religious  offices. 

Coemptio  was  a  form  of  mancipation  (monci- 
pium)  or  conveyance  by  fictitious  sale ;  and  wss 
probably    a    survival    of   the    early    form   of 
marriage  by  sale  or  purchase  (McLennan,  Prsnu- 
tive  Marriage;    Rossbach,  Ehe,  p.   198>    The 
woman  was  mancipated  in  marriage  to  the  man 
by  her  paterfamilias,  or,  if  she  were  a  filia- 
familias,  possibly  by  her  tutor.    According  to 
some  ancient  authorities,  there  was  not  only  a 
mancipation  of  the  woman  to   the   man  in  a 
coemptio^  but  also  a  mancipation  of  the  man  to 
the  woman  (Servius  m  Aen.  iv.  103,  in  Gtorg.  i. 
31 ;  Boethius,  in  Cic.  Top.  ii.  3, 14 ;  Isid.  Or.  v. 
24,  26  :  cf.  Muirhead,  Roman  Lawy  Appendix  B); 
and    accordingly    several    modern    writers   of 
repute  maintain   that  there  must  have  been 
such  a  double  mancipation.     It  is  objected  to 
this  view  of  the  nature  of  ooemptio^  thsfc  it 
supposes  a  person  could  mancipate  himself  to 
another,  whereas  it  is  dear  from  the  nature  of 
mandpiumj  and  especially  from  the  descriptioo 
given  of  it  by  Gaius,  that  besides  the  object  of 
sale  a  vendor  (poemptionaior)  and  a  purchaser 
were  necessary  as  parties  to  the  conveyance. 
Gaius  in  i.  113  says,  '*emit  is  mulierem,  cnjos 
in  manum  convenit,"  but  there  is  no  direct  1eg&^ 
authority  in  support  of  the  view  that  there  was 
a  purchase  of  the  man,  though  Boethius  cite-^ 
Ulpian  as  1/aving  asserted  it.    It  is  also  to  to 


MATBOftONIUM 


MATBDfONIUM 


141 


noticed  tliat  the  authorities  for  a  double  roanci- 
patioQ  wrote  long  after  ooemp^  had  become 
i>b«olete.  The  ooemptio  leenM  to  hare  comprised, 
besides  the  mancipation,  a  reciprocal  form  of 
qnestioa  and  answer,  in  which  the  consent  of 
the  parties  to  the  marriage  was  expressed. 
(Boeth.  Mi  Cic  Top.  3,  14;  Serr.  tn  Aen,  ir. 
214 ;  Isid.  Or.  t.  24,  26 :  cf.  Voigt,  ZIL  Tafein, 
§  159,  n.  M.)  The  ooemplio  was  the  only  sur- 
Tiring  way  of  acquiring  fiumiis  .over  a  wife 
when  Gaina  wrote ;  but  it  had  probably  become 
obsolete  in  practice.  Coemptio  was  either 
fftftriflMBwi  eauua  or  fiducku  causa.  This  latter 
kind  of  eoempiiOy  which  was  the  mancipation  of 
a  woman  to  a  man  not  her  husband,  is  con- 
sidered nnder  Testauentum  and  Tutela. 
Matms  could  also  be  acquired  according  to  the 
law  of  the  Twelve  Tables  by  tistu.  If  a  woman 
Ured  with  a  man  continuously  for  a  whole  year 
»M  his  wife,  ahe  came  m  mantan  viri  by  rirtue  of 
this  matrimonial  cohabitaUon,  just  as  ownership 
of  a  morable  thing  was  acquired  by  a  year*s 
poosession  [Usucapio].  The  law  of  the  Twelve 
Tabke  prowided  that  a  woman  should  not  come 
into  the  mamu  of  her  husband  in  this  manner, 
if  ihe  absented  herself  from  him  annually  for 
three  nights  (Mnodimn),  and  so  interrupted  the 
period  of  una  (Gellins,  iii.  2;  Gaius,  i.  111). 
Married  women  generally  availed  themselves  of 
this  means  of  escaping  moniis,  and  after  a  time 
ttns  fell  into  desuetude  (Gains,  i.  111).  It  was 
cb^ete  when  Gaius  wrote. 

It  is  probable  that  in  tbe  time  of  Cicero  mar- 
riage without  the  tnamu  had  become  the  usual 
msnisge  of  Roman  law.     No  forms  were  requi- 
site in  marriage :   the  consent  of  two  persons 
capable  of  marrying  to  live  together  matrmumii 
cautOj  i.e.  as  husband  and  wife,  being  alone  sutfi- 
^'ient  to  constitute  marriage,  cohabitation  was 
cot  necessary  to  complete  it,  but  the  best  evi- 
licAce  of  marriage  was  cohabitation  matrimonii 
unuo.    The  fact  that  the  parties  had  cohabited 
with  afecHo  maritalis,  or  as  husband  and  wife, 
aad  not  with  the  intention  of  Hring  in  concu' 
haatutj  which  was  a  union  recognised  to  some 
txtent  by  the  law,  might  be  proved  by  various 
kisds  of  evidence,  e^.  by  production  of  the 
<iotal  instruments,  commonly  executed  at  the 
time  of  marriage  [Dos].    But  though  consent 
VIS  the  only  condition  required  for  marriage, 
tone  act  of  person:il  union  between  the  parties 
was  necessary  for  the  expression  of  such  con- 
Mrt,  or,  in  other  words,  marriage  could  not  be 
«tttereJ  into  simply  by  letter  or  by  means  of  a 
iDcasenger  (muUiua). 

The  bringing  of  the  bride  (uxorem  duoere, 
TswucB  Hyw)  from  her  &therV  house  to  her 
bosbsad's  house  (in  domum  deduetio)  was  cus- 
tMBsry  among  the  Romans,  as  among  the  Greeks 
sad  otiMrs :  if  this  was  done,  it  was  sufficient 
to  coMtitnte  marriage,  although  the  bride- 
freom  might  be  absent.  Thus,  according  to 
{*<HDpoDius  in  Dig.  23,  2,  5,  a  woman  might 
nsrry  a  man,  who  was  absent,  by  letter  or 
tkfOQgh  a  messenger,  if  she  was  brought  to  his 
^oeae  (is  dammn  sfiis  dlffiticerefw),  but  a  roan 
cssld  not  marry  an  absent  woman  in  a  corre- 
>poading  way,  because  it  was  not  required  by 
«»tom  to  bring  the  man  to  the  house  of  the 
voosA— **  deductione  enim  opus  esse  in  mariti, 
DOS  ia  vxoris  domum,  quasi  in  domicilium  matri- 
A  marriage  required  consent  for  its 


continuance  as  well  as  for  its  formation,  and  so 
might  be  pot  an  end  to  at  any  time  by  the 
renunciation  (repwditan)  of  either  party.     [Di- 

VORTIUM.] 

As  regards  the  consequences  of  marriage, 
the  position  of  a  wife  married  cum  oonventione 
differed  materially  from  that  of  one  married 
sme  conventione.  In  the  first  kind  of  marriage, 
as  already  observed,  the  wife  ceased  to  belong  to 
her  family  [Caput,  Vol.  I.  p.  360  6],  and 
became  a  subject  member  of  her  husband's 
family,  being  in  the  position  of  a  daughter  to 
her  husband;  or  if  her  husband  was  in  the 
power  of  his  father,  she  became  to  her  husband's 
father  in  the  relation  of  a  granddaughter.  All 
her  property  passed  to  her  husband  or  to  his 
father  by  a  universal  succession  (Gaius,  ii.  96, 
98);  and  whatever  she  acquired  during  the 
marriage,  she  acquired  for  the  person  into 
whose  monus  she  had  come.  The  succession  did 
not  carry  with  it  any  liability  for  the  ante- 
nuptial debts  of  the  wife,  and  the  wife  herself 
could  not  be  sued  on  them,  according  to  civil 
law,  but  the  praetor  gave  the  creditors  rights 
of  action  against  her,  and  ordered  execution 
against  the  property  acquired  by  the  succession, 
putting  the  creditors  into  possession  of  it 
(Gaius,  iii.  84 ;  iv.  38,  80> 

Jfantis,    though    a    consequence    of  certain  v.^*.  ^ 
modes  of  marriage,  belonged  to  its  acquirer  as  ''^'^ 

paterfamilias  and  not  as  husband.  But  though 
the  conceptions  of  mantu  and  of  marriage  are 
distinct,  mcntus  could  not,  it  seems,  be  put  an 
end  to  during  marriage  by  emancipation.  A 
husband  might,  however,  put  an  end  to  his 
manus  by  a  fiduciary  coemption  of  his  wife  to 
some  third  person,  in  which  case  their  marriage 
would  continue  as  if  it  had  been  entered  into 
sine  oonventione.  If  a  woman  was  married  cum 
conventione  to  a  filiusfamilias,  and  he  was 
emancipated  or  given  in  adoption,  she  would 
remain  subject  to  the  manus  of  his  father  as 
before,  and  would  not  on  the  death  of  the  latter 
come  into  the  manus  of  her  husband,  since  he 
would  belong  to  a  different  familia.  A  woman 
married  by  ccnfarreatio  could  only  be  divorced 
by  diffarreatiOy  and  this  put  an  end  to  moniw  as 
well  as  to  marriage.  A  woman  married  by| 
coemptio  might  be  divorced  by  simple  renuncia-i 
tion,  but  the  manus  over  her  could  only  be  put, 
an  end  to  by  a  remancipation,  which  required ' 
the  same  formalities  as  the  original  coemption. 
Thus  fiuifius  might  continue  after  marriage  had 
come  to  an  end.  In  the  time  of  Gaius  a  woman  ; 
was  entitled  to  a  remancipation  and  manumission 
if  there  had  been  a  renunciation  of  the  marriage 
(Gaius,  i.  137).  When  marriage  was  without 
manus,  as  it  came  to  be  in  all  cases,  a  married 
woman  enjoyed  a  remarkable  degree  of  inde- 
pendence in  respect  of  her  husband.  The 
woman  remained  a  member  of  her  own  family, 
her  legal  status  continuing  as  it  was  before ;  if 
she  was  not  in  the  power  of  her  father,  she  was 
capable  of  acquiring  and  holding  property,  and 
of  bringing  actions  as  if  she  were  a  single 
woman ;  she  had  for  all  purposes  a  legal 
personal  existence  independently  of  her  husband, 
and  consequently  her  property  was  distinct 
from  his ;  between  husband  and  wife  there  was 
no  community  of  property  in  Roman  law.  The 
husband  acquired  no  right  by  marriage  to  the 
property  of  his  wife:  the  dos  which  his  wife 


142 


HATBIMONIDM 


MATBIMONIUM 


luiuilly  brought  to  him  he  acquired  not  by  act 
of  law,  but  under  the  dotal  instrument,  and 
during  the  marriage  he  was  sole  owner  of  the 
doi.  Under  the  edict  of  the  praetor  and 
imperial  legislation  husbands  and  wives  had 
certain  rights  of  inheritance  to  each  other's 
property.  The  relations  of  husband  and  wife 
with  respect  to  property  belong  to  the  heads  of 

Dos,    DOWATIO     PBOFTER    NUPl'IAS,     DOHATIO 
IKTIiR  YlBUX  ET  UXOREX,  HEREB. 

A  husband  was  bound  to  provide  a  mainte- 
nance for  his  wife.  The  husband  might  inflict 
slight  chastisement  on  the  wife  for  violating  the 
respect  (rev^rentid)  which  she  owed  him.  Each 
party  to  a  marriage  had  a  right  to  the  society 
of  the  other  while  the  marriage  continued.  For 
the  liabilities  of  either  of  the  parties  to  the 
puDishmeots  affixed  to  the  violation  of  the 
marriage  union,  see  AiNTLTfiBiuic  and  Djltob- 
Time.  Justaa  nuptiae  had  an  important  effect 
on  the  position  of  the  children  of  the  marriage, 
since  only  those  who  were  bom  from  such 
marriage  were  does,  and  subject  to  the  pcUria 
poUHaa.  [CiviTAS;  Patru.  Potestas.]  At 
Borne,  the/iwtaff  nnptiiae  was  originally  the  only 
marriage.  But  under  the  influence  of  the  Jus 
Gentium,  a  cohabitation  between  Peregrini,  or 
between  Latini,  or  between  Peregrini  and 
Latini  and  Romani,  which  in  its  essentials  was 
a  marriage,  a  ooiMorUium  omius  mtae  with  the 
afftoUo  maritalitj  was  recognised  as  such ;  and, 
though  such  marriage  had  not  all  the  effects  oi 
jutkie  nupUae^  it  had  its  general  effect  in  this, 
that  the  children  of  such  marriage  had  a  father, 
and  so  were  legitimate.  The  wife  of  such  a 
marriage  could  bring  an  action  for  the  recovery 
of  her  dot  (Cic.  Top.  4,  20 ;  Mnirhead,  Homan 
Law,  §  42) ;  and  she  was  liable  on  account  ot 
adultery.  In  the  system  of  Justinian,  the  dis- 
tinction between  a  civil  and  gentile  marriage 
ceased  to  have  any  importance,  on  account  of 
the  division  of  free  persons  into  Gives,  Latini, 
and  Peregrini  having  been  abolished  [Civitab]. 
(Dig.  23,  1,  de  SfWMolibiu;  23,  2,  ds  BUu 
Nupliarum ; — Gains,  L  56-65 ;  Inst.  Just.  1, 10, 
de  NuptiU;  Cbd.  5,  4;  Fr.  Hotman,  de  RHu 
Nupt.  et  Jure  Matrimon,  i.  490  ff. ;  A.  Bossbach, 
VfUertuch.  iiber  die  rdmische  EKe;  O.  Karlowa, 
Die  Formenderrdm,  Ehe  undManut;  £.  Htflder, 
Die  rdn.  Ehe;  Yoigt,  JIL  Tafdn,  ii.  321  ff., 
680  ff.)  [E.  A.  W.] 

It  remains  to  describe  the  actual  ceremonies 
of  Roman  marriage :  and  it  must  be  premised 
(1)  that  there  was  some  difference  according  to 
the  precise  form  of  marriage  adopted,  though 
this  distinction  gradually  disappeared  (see 
above) ;  (2)  that,  as  was  said  above,  the  greater 
part  of  marriage  formality  was  voluntary,  and 
that  then,  as  in  our  own  day,  there  might  be 
weddings  of  a  far  simpler  character*  When 
therefore  the  complete  ceremony  of  the  most 
elaborate  kind  is  described,  it  must  be  under- 
stood that  a  great  deal  of  it  was  often  omitted, 
and  the  marriage  rites  narrowed  to  little 
beyond  the  deductio  in  domum»  In  the  choice 
the  wedding-day  superstitioH  played  a  large 
part.  May  (as  by  many  even  now)  and  the  fint 
half  of  June  were  unlucky  for  marriages  (Ov. 
Fast  V.  487 ;  vi.  225).  The  reason  was  that 
the  month  of  May  took  its  general  character 
from  the  festivals  of  the  Lemuria  [Lbmuria], 
and  also  from  the  Argean  offering :  in  the  early 


I  part  of  June  came  diee  reUgioai  connected  with 
the  worship  of  Vesta.  Besides  these  periods,  it 
was  necessary  to  avoid  the  diee  paretUale*^  Feb. 
13-21  (Ov.  Fait  ii.  555);  the  first  half  of 
March  (Ov.  FasL  iii.  393) ;  the  three  day*  of 
the  opening  of  the  lower  world  (imnufecs  patet^ 
viz.  Aug.  24,  Oct.  5,  Nov.  8 ;  and  also  the  daya 
of  Kalends,  Ides,  and  Nones. 

At  thersponso/ia  (see  above),  besides  the  formal 
words  of  the  parent  or  guardiau,  **  Spondeane  t 
spondeo"  (PUut.  A%d.  ii.  2,  78),  the  hrld<«TO<mi 
gave  the  bride  a  present,  as  an  earnest  or  pledge 
(arra,  pi^nua^  Capitol.  Maiim,  jwt,  L ;  J  a  v.  ▼!. 
27),  which  was  often  a  ring  (Plin.  M,  if.  xxxiiL 
§  12;  Tertull.  ApoL  6),plaoed  on  the  fourth  finger 
of  the  left  hand  (our  '^ring  finger  "X  wpiiich 
Gellius  (z.  10)  states  to  be  connected  by  a  nerve 
with  the  heart. 

On  the  day  before  the  marriage  the  bride  pat 
aside  her  toga  praetexta  (Propert.  v.  11,  33X 
which,  with  other  belongings  of  childhood,  was 
laid  before  the  Lares  (Varro,  ap.  Non.  p.  538), 
and  put  on  the  tunica  rtctOy  or  regSIa  (Feat. 
p.  286),  which  was  woven  in  one  piece  in  the 
old-fashioned  way  at  the  upright  loom  [Tkla]. 
(See  also  Bliimner,  Tecknologiey  i.  p.  122.)     The 
bride  wore  this  dress  also  at  the  marriage,  aod 
a  flame-coloured  veil  {fiarnnysum^  Lucan.  ii.  361  ; 
Plin.  H,  N.  xxi.  §  46),  with  which  she  waa  aald 
nubere  caput.     The  dress  was  fastened  by  a 
woollen  girdle  (dngulwn)  in  the  iwles  Mcrcu&me^ 
as  to  the  significance  of  which  there  is  some 
difference  of  opinion.    It  has  been  explained  by 
some  as  intended  to  secure  a  fruitful  nuirriaiire, 
because  Hercules  had  many  children  (Ke^t.  £p. 
p.  63) :  Marquardt  (JPrimUeben^  p.  44)  and  GtfU 
take  it  to  be  an  amulet  against  the  evil  eye 
(Jaeciman).      But  may  we  not  be  nearer    the 
truth  in  taking  it  to  be  the  symbol  of  a  stable 
marriage,  and  perhaps  the  original  of  the  "  irae 
lovers'  knot"?     Hercules  (in   his  own  naroe 
the  god  of  the  encloeed   homestead)  was  un- 
doubtedly   identified    with   the    Sabine    deity 
Semo  Sancus  (=I>ius  FidiusX  the  protector  of 
matrans  in  their  married  life,  as  well  as  the 
deity  of    good  faith   and  stable  treaties    (ace 
Preller,  Edn^  M^h,  pp.   655  ff.).      Pliny,   on 
Varro's  authority,  tells  us  (ff.  AT.  viiL  §  194) 
that  the  spindle  and  distaff  of  T«naqnil  (or  Gaia 
Caecilia),  who  was  regarded  as  the  ideal  of  a 
Roman  wife,  were  kept  in  the  temple  of  Semo 
Sancus,  and  the  bridal  dress  {tunioa  recta)  is  in 
the  same  passage  traced  back  to  her.      From 
these  considerations  we    may  be   justified   in 
taking  the  '*  Herculean  knot "  to  have  been  so 
called  because  of  an  ancient  belief  that  Herenlca 
(or  Semo)  was  the  guardian  of  the  married  lile. 
,The  hair  was  arranged  in  six  locks  {seacrmes) 
parted  by  the  point  of  a  spear  (hasta  caeUbarie), 
and  held  in  place  by  vittae  qt  bands  (Feat.  p.  62 ; 
Ov.  Fast  ii.  558).    Hence  the  words  crni«s  and 
vitta  are  used    by  poets    as  a    synonym  for 
marriage.    (Plaut.  MofteiL  i.  3,  69 ;  Ma.  Glor. 
iii.  I,  195 ;  Ov.  Triet,  ii.  252 ;  Propert.  v.  3,  I^.) 
The  custom  of  parting  it  with  a  spear  is  perhaps 
a  relic  of  the  old  marriage  by  capture,  and  may 
convey  the  idea  of  the  word  ^opUi?vTOf .    The 
bride  had  also  a  wreath  of  flowen  and  sacred 
herbs  (verhenaey  gathered  by  herself,  and  the 
bridegroom  wore  a  similar  wreath  (Plot.  Pomp. 
55).    As  an  account  of  the  dressing  of  the  bride, 
the  parage  in  GUadiaoy  VI.  Cwe.  Ben.  523- 


MATfiDfONIUM 


MATBIMONIXJM 


143 


S38,  b  worth  reidiag,  as  well  as  for  its  own 
oaerit. 

In  tlie  bouse  of  the  bride,  which  was  decked 
with  garlands  (Jut.  ti.  227;  Stat.  Sih,  i.  2, 
230%  wen  assembled  the  relations,  friends,  and 
dicots,  as  an  cfiawn  (Jnr.  ii.  132>    Then  the 
oiseBS  were  taken  and  annoanoed  by  the  auspices 
(Qc  pro  Cluemi.  4,  14 ;  Jar.  x.  836),  with  the 
sacrifice  of  a  sheep  (cf.  Verg.  Aen.  iT.'56).     It 
bad  alwafs  been  the  costom  to  begin  the  sacred 
ceroDooy  o€c€m/amatio  by  consulting  the  omens, 
aed  the  practice  probably  was  as  a  rule  extended 
to  all  marriages  (Qc  de  Die.  i.  16,  28  ;  Plant. 
Cos.  FnL  85 ;  Plin.  J/.  N.  x.  §  21).    Valerias 
Ihximos  (iL  1,  1)  says  that  in  his  time  thd 
taspioes  formed  in  name  part  of  the  attendance, 
thmgli  no  auspicia  kft  marriage  were  taken  any 
ioD^r.    After  these  preliminaries,  the  omens 
Iwiiig  fisYoanble,  the  marriage  oeremonieffbegan* 
Thtj  were  in  fonr  main  parts :  (1)  the  contract ; 
(2)  the  giving  away  of  the  bride,  with  whatever 
acnd  rites  were  osed;    (3)  the    oondacting 
(ddaeiao)  to  her  hnsbsnd's  home  (the  only  %n» 
^arUUe  part);   (4)  her  reception  thert.     First 
tke  marriage  tablets  (tedndae  nupHales  or  doiales) 
wen  signed  before  witnesses  (jngnatores'),  though 
ike  marriage  was  valid  without  this  formality 
(Kt  aboTB ;  and  Quintil.  t.  11,  32).    When  the 
£rb  q{  marriage  called  coemptio  was  adopted 
(vWa  either    or    both    were   plebeians),  the 
fiwmaltties  of  an  imaginary  sale    were    gone 
throogh  before  not   less  than  five  witnesses, 
tad  a  tiMpau  (who  held  the  scales  at  a  sale) : 
'  qacations  and  answers  as  to  the  willingness  on 
both  sides  followed,  and  with  that  ended  this 
distiactive  part  of  the  nupUae  per  ooempHonem  ; 
the  other  eeremonies  followed  which  were  nsual 
is  all  marriages.     On  the  legal  significance  and 
origin  of  the  marriage    by  coemptio  and   its 
Sndaal  disnse,  see  above.    After  the  coetnptio, 
or,  where  that  was  not  used,  after  the  signing  of 
tae  iakdae  mtpUaUs^  a  married  woman  (who 
mist  have  been  married  only  once,  Serv.  ad  Aen. 
IT.  166)  acting  aa  promi&a  led  the  bride  up  to 
tbe  faridegroom  and  joined  their  right  hands. 
U  items  probable  that  there  was  always,  some 
f«nnal  expression  of  willingness  to  marry ;  in  the 
eld  patrician  rite  of  aonfarrea^  the  set  form  of 
KsfKue  from  the  bride  was  ^qnando  tn  Gai^s, 
^j^Gaia,"  which  form  of  words  was  used  also  in 
tbeeaMptfio(Cic.  pro  Muren,  12,  27).     When 
tbt  rite  9i  oonfarreatio  was  followed,  the  blood- 
less offering  was  made :  a  cake  of  spelt  (farreuni 
liboa)  was  offered  by  the  Pontifex  Maximus 
aod  tike  Flames  Dialis  to  Jupiter :   ten  wit4 
■««  were  fmaeat  (Gains,  i.  109-112;  Serv. 
^  Georg.  L  31).     Marqnardt  thinks  that  this 
Itm  of  marriage  was  originally  performed  not 
ia  the  hoase  of  the  bride's  father,  bat  in  the 
acellam  of  the  Curia,  and  that  the  ten  wit- 
Mws  erigiaally  represented  the  ten  gentea  of 
t^  Coria.    This  is  a  probable  explanation  of  the 
asober  ten,  but  as  regards  tbe  place  we  lack 
vvidesos  that  the  marriage  was  ever  anywhere 
bit  to  the  bride's  home.    There  is  no  mention 
^  aaj  passing  from  the  house  before  the  deductio 
^  W  new  fanne.     With  the  offering  to  Jupiter, 
^  pnyer  was  recited  by  the  Flamen,  to  Juno  as 
^goddess  of  marriage,  and  the  deities  of  the 
^«^  and  ito  fraits,-^Te]lus,^PScamnas,  and 
Woamo,  (cf.  Verg.  Aen.  iv.  166,  and  Serv. 
*•  he;  Hon.  p.  $28).    Daring  this  ceremony 


the  bride  and  bridegroom  sat  together  upon  ^wo 
seats  which  were  placed  side  by  side  and  covered 
with  the  skin  of  the  sheep  sacrificed  before  for 
the  auspices  (Serv.  ad  Aen.  iv.  374):  they 
sat  to  the  left  of  the  altar  in  the  Atrium  and 
looked  towards  it :  meanwhile  a  camSius,  i.e.  an 
attendant  boy  who  was  patriwus  et  matrmus 
[Camillus],  held  (perhaps)  all  that  was  it- 
quired  by  the  priest  for  the  offering  in  a 
covered  basket  called  cumerus  (Varr.  L.  L.  vii. 
31 ;  Fest.  £p,  p.  63).  The  latter  authority  has 
rather  complicated  the  question  by  saying  that 
the  cumerus  contained  ^'nubentis  utensilia,"  and 
what  that  means  it  is  in^K>8sible  to  say :  that 
the  basket  held  materials  for  spinning,  as  Becker 
thinks,  seems  improbable.  We  may  leave  the 
matter  with  Yarro,  who  says  that  he  does  not 
know  what  the  contents  were.  In  Ovid,  Fkst. 
ii.  650,  the  boy  in  an  ordinary  sacrifice  holds  a 
canistra  with  frvges  for  the  moia  salsa  [Ca- 
iciLLUs].  The  legal  aspect  of  the  canfarreath 
and  its  history  is  given  in  the  first  part  of  this 
article.  Sir  John  Lubbock  suggests  that,  the 
wedding-cake  out  by  the  bride  is  a  survival  of 
the  farretan  in  this  rite;  but  the  .original  for 
that  will  be  found,  if  anywhere  in  the  Roman 
matrimonium,  in  the  mustaoeum.  The  rite  of 
confarreaUo  suggests  rather  the  saorameutal 
new  of  marriage. 

In  all  that  follows,  marriages  in  general 
of  all  forms  are  described.  The  prayer  where 
there  was  no  oonfarreaHo  (and  therefore  no 
Flamen  Dialis)  was  pronounced  by  tbe  auspex, 
and,  according  to  Plutarch  (Q.  £.  2),  was 
addressed  to  five  deities, — Jupiter,  Juno,  Venus, 
Snadela,  and  Diana.'  It  would  seem  that,  some- 
times at  least,  a  victim  was  here  offered  (besides 
that  offered  for  the  auspicia) ;  for  Varro  (i?.  £. 
ii.  4,  9)  speaks  of  a  pig  offered  by  the  nemiy 
married  pair,  and  Tac.  Ann.  xi.  27  seems  to 
point  the  same  way  (cf.  Sen.  Oct.  700>  There 
was  next  a  formal  congratulation  from  tbe 
wedding-guests  in  the  word  '*  feliciter  *'  (which, 
if  there  was  no  sacred  rite,  came  directly  after 
the  contract ;  so  Juv.  ii.  119,  "  Signatae  tabulae, 
dictum  feliciter  ").  Then  (as  in  Juv.  /.  c.)  came 
the  cena  nuptialis,  which  was  certainly,  as  a 
rule,  given  by  the  bride*s  father,  and  therefore 
before  the  procession  (Catull.  62,  3 ;  Dio  Cass. 
xlviiL  44 ;  Capitol.  Ant.  Pius,  10 ;  and,  by  impli- 
cation. Plant.  Aid.  ii.  4,  15).  But,  as  in  modern 
weddings,  the  place  of  the  wedding-feast  might 
be  altered  from  considerations  of  space,  economy, 
&c.,  and  it  seems  sometimes  to  have  been  in  the 
bridegroom's  house  (Cic.  ad  Q.  ^.  ii.  3,  7 ;  Juv. 
vi.  2CK)).  The  wedding-cake  (rmutaoeum\  which 
was  made  of  meal  steeped  in  must  and  placed 
on  bay-leaves  (Plin^  xv.  §  127),  was  cut  up  and 
distributed-  to  the  guests  (Juv.  /.  c).  After- 
wards came  the  procession  (deductio)^  the 
invariable  part  of  the  matrimonium  (see  above, 
page  141).  This  took  place  usually  at  dusk, 
whence  arose  the  •  custom  of  having  torches 
(Catull.  6%  1 ;  Serv.  ad  Ed.  8,  29).  The  bride 
was  taken  with  simulated  force  from  her  mother's 
arms  (Fest.  p.  1^9;  Catull.  61,  3;  Macrob.  i, 
15,  21) :  clearly  a  survival  of  the  marriage  by 
capture ;  or,  as  tbe  Romans  themselves  put  it, 
a  reminiscence  of  the  Sabine  marriage  (cf. 
Lubbock,  Origin  of  Civilisationf  pp.  82  ff. ;  and, 
for  the  similar  Greek  usage,  supr.  p.  132). 
Flute-players  and  torch-bearers  went  in  front 


144 


MATBIMONIUM 


MAUSOLEUM 


(Ter.  Adelph,  t.  7,  5 ;  Fest.  p.  245).    The  bride 
was  conducted  by  three  boys  patrinU  et  mairimif 
two  leading  her  by  the  hand,  the  third  carrying 
a  torch  of  whitethorn  for  luck  (Plin.  H,  N,  xvi. 
§  75;  cf.  Of.  Fast,  vi.  129).    In  the  procession, 
besides  the  general  crowd,  there  came  also  the 
camillus  with   his   cumeros;    and   the  bride's 
spindle  and  distaff  were  carried  after  her  (Plin. 
K  N.  viii.  §  194).     Plutarch  (Q.  -R.  31)  makes 
her  carry  them  herself.     Fescennine  songs  were 
sung  during  the  procession  (CatuU.  61,  126), 
with  interjections  of   Talasse  (Mart.  zii.  42; 
CatuU.  61,  134,  &c.).     As  to  this  deity  of  the 
marriage  day,  refei*ence  may  be  made  to  Mar- 
qnardt,  Privaii,   p.  54;    Preller,   Bdm,   Myth. 
p.   584  ff.      He   appears    as   Talasius,   Talasio, 
Talassus,  Thalassius,  Thalassio.    Lirj  (1.  9)  gires 
Its  as  bearing  that  name  a  companion  of  Romulus 
prominent    in    the    rape  of  the  Sabines,  and 
derives  the  cry  TcUasae  from  him :  but  Talus 
{Fest.  p.  359)   is    an    old   Sabine  name,  and 
Talassitts    may    have  been  a  Sabine  deity  of 
marriage :  Varro  connects  him  with  rdkapot,  a 
work-basket :  BaXdo^aios  as  equivalent  to  Census 
U  suggested,  which  at  first  sight  has  something 
plausible  about  it ;   but  it  seems  doubtful  it 
Consus  had  really  any  connexion  with  Neptune 
or  the  sea,  and  moreover  it  is  unlikely  that  the 
word  should  be  borrowed  from  Greek.     On  the 
whole  a  Sabine  origin  is  most  probable.    The 
part  of  the  bridegroom  in  the  procession  was  to 
scatter  nuts  for  the  boys  In  the  crowd  (Verg. 
Eoi.  8,  30  ;  Catull.  61,  131).    Though  Catullus 
«ays  that  it  shows  the  putting  away  of  child- 
hood, it  is  much  more  likely  that  the  nuts 
symbolised  fruitfulness  of  marriage  and  plenty 
<cf.  Plin.  N.  K  zv.  §  86).    The  custom,  which 
may  be  compared  with  the  Greek  Karax^fffuiTa 
(auprUf  p.  136  a),  has  its  representative  in  the 
throwing  of  rice  at  the  present  day.     When  the 
bridal  train  reached  the  bridegroom^s  house, 
the  bride  bound  the  doorposts  with  wool,  pro- 
bably as  dedicating  her  work  to  it ;  and  anointed 
them  with  oil  or  fat  to  signify  health  and 
plenty  (Pliny,  zzviii.  §  148,  says  wolfs  fat, 
which  in  the  Roman  nation  has  a  totem  appear- 
since).    All  these   actions  were,  so  to  speak, 
personified  in  a  Dea  Iterduca,  Domtdnca,  and 
Unxia  (Martian.  2,  149).     The  bride  was  lifted 
over  the  threshold  (Plant.  Cos.  iv.  4,  1 ;  Catull. 
61,  166;  Lucan.  ii.  359  f.),  which,  according  to 
some,  symbolises    the    marriage    by    capture: 
others  (as  Preller)  suppose  the  object  to  be  the 
prevention  of  the  bad  omen  which  would  be 
caused  by  her  stumbling    on    it.      Sir    John 
Lubbock  (pp.  cit.  p.  97)  adopts  the  former  view, 
,  and  finds  a  similar  custom  among  such  widely 
divided    races    as   the  American   Indians,  the 
Chinese,  and  the  Abyssinians.    At  the  entrance 
she  repeated  the  formula  **ubi  tu  Gaius,  ego 
<yaia;"  and  the  husband  met  her  bearing  fire 
and  water,  to  signify  that  he  admitted  her  to  a 
share  in  the  family  heai-th  and  the  family  lustral 
rites  ^arro,  ap.  Serv.  ad  Aen,  iv.  104 ;  Dlonys. 
ii.  30) :  the  bride  on  her  part  brought  three 
■coins ;  one  she  gave  as  symbol  of  the  do8  to  her 
husband,  another  to  the  Lares  of  the  house,  a 
third  was  dropped  in  the  neighbouring  street  as 
«n  offering  for  the  Lares  compitales.    The  torch 
of  whitethorn  seems  to  have  been  scrambled  for 
by  tha  guests  as  a  lucky  possession  (Serv.  ad 
JBcL   viii.  29),  and  the  ceremonies  were  orer. 


The  Uctia  genialis  had  been  prepared  by  the 
pronuba  in  the  atrium  [Lbctus,  p.  19  a.]  On 
the  following  day  the  second  wedding-feast 
called  repotia  was  given  to  the  friends  and 
relations  in  the  new  home  (Hor.  Sat.  iu  2,  60 ; 
Gell.  ii.  24,  14,  where  it  is  said  that  Augustui 
tried  to  limit  the  expense),  and  the  bride  as  a 
matrona  offered  at  the  family  shrine  (Macmb.  i. 
15,  22).  See  further  Marquardt,  Privatieben^  pp. 
42-57;  Becker-GOll,(?a//i<s,  ii.pp.  25-49;  Preller, 
/.  c. ;  Rossbach,  Bdn.  ffochzeiU-  u.  JEhedenk., 
Leip.  1871.  [G.  E.  M.] 

MATRONA'LIA,    also    called    MATRO- 
NA'LES  F£  RIAE,  a  festival  celebrated  by 
the  Roman  matrons  on  the  1st  of  March,  ori- 
ginally the  beginning  of  the  year,  in  honoar  of 
Juno  Lucina.    It  represented  the  purity  of  oH 
Roman  life  and  the  sanctity  of  the  marriage  tie : 
hence  it  is  celebrated  only  by  married  women 
and  maidens,  and  by  a  law  of  Nnma,  "pellex 
aram  Junonis   ne   tangito"  (GelL   iv.  3).    It 
commemorated  the  dedication  of  the  temple  to 
Juno  Lucina  on  the  Esquiline,  B.a  375,  sooo 
after  the  Gallic   occupation   (Plin.  M,  A.  xri. 
§  236).    It  kept  in  memory,  too,  the  first  Roman 
marriages   with   the    Sabine   women    and   the 
peace  which  they  brought  about  (Ov.  Fatt,  iiL 
229).     An  offering  was  made  in  the  houses  of 
married  people  with  prayers  that  the  married 
life  might  prosper,  in  .which   the  oadeht  conld 
have  no  part  (Hor.  Od.  iii.  8,  1).     At  this  festi- 
val wives  received  presents  from  their  husbands 
(Suet.  Vesp,  19;   cf.  Plaut.  Mil.  Olor.  iiL  1,  97), 
and  they  gave  a  feast  to  female  slaves,  as  their 
husbands  did  to  male  slaves  on  the  Satunslii 
(Macrob.  i.    12,  7).        Hence   it   is  called  the 
Saturnalia  of  womeii  (Mart.  v.  84),  and  fenUneae 
kaUndae  (Juv.  9,  53).     Girls  also  received,  at 
least  in  later  times,  presents  from  their  lorers 
(Tibull.  iii.  1,  1  ;  Mart.  /.  c.^  which  is  perhap* 
the  reason  why  Martial  (ix.  90,  1 3)-speaks  of  the 
day  as  though  it  were  sacred  to  Venus.  (Compsre 
Marquardt,  Staatsr>er  wdtung^  iii.  p.  571 ;  Preller, 
R6nL  Myth,  p.  244.)  [W.  S.]    [G.  E.  M.] 

MAUSOLE'UM.  The  tomb  of  Msasolos 
or  Maussolus,  ruler  of  Caria  under  the  Pemso 
king,  is  usually  known  to  us  as  the  Mausolenm, 
and  this  name  was  in  later  times  applied  to 
other  tombs  remarkable  for  greatness  of  scale, 
beauty  of  design,  or  exceeding  sumptnoosness. 
Greek  writers  sometimes  call  Mausolus  prince 
or  dynast  of  Caria,  but  he  was  in  realitj  a 
satrap  under  the  King  of  Persia,  and  ruled  ia 
Caria  from  B.C.  377  to  B.C.  353,  succeeding  his  j 
father  Hecatomnus  in  a  dominion  which  under 
the  feeble  rule  of  the  Great  King  became  here- 
ditary in  his  family,  till  the  victories  of 
Alexander  put  an  end  to  the  dynasty.  The  seat  . 
of  government  of  these  princes  had  np  to  the 
time  of  Mausolus  been  at  Mylasa,  in  the 
interior  of  Caria,  but  was  transferred  by  him  to 
Halicamassus  (now  Budrum),  on  the  coast.  This 
city,  the  birthplace  of  Herodotus,  wss  greatly 
enlarged  and  embellished  by  Mausolus,  who  re- 
built it  on  a  plan  the  symmetry  snd  besutv  of 
which  is  described  by  Vitruvius.  The  sncceswr 
of  Mausolus  in  his  dominions  was  his  sister  sod 
consort,  Artemisia,  who  during  her  short 
reign  (b.o.  353-351)  erected  the  magnificent 
tomb  which  commemorated  for  all  time  the 
fame  of  her  husband  and  her  own  sorrow.  Fof 
the  construction  and  decoration  of  this  tomb 


MAUSOLEUM 


MAUSOLEUM 


145 


tht  most  renowned  architects  and  scalptors  of 
kr  time  were  employed  by  Artemisia.  The 
architects,  at  we  learn  from  VitraviuB,  were 
Sttjm  and  Pythius;  the  sculptures  which 
KkrBe>i  the  sides  of  the  monument  were  the 
work  of  four  artists  of  the  later  Athenian 
Sdiocl — Scupas,  Leochares,  Bryaxis,  and  Timo- 
tiiec«.  The  sculptor  of  the  chariot  group  which 
CFovned  the  pyramid  of  the  Mausoleum  is  called 
Pjthis  by  Pliny,  but  this  name  is  probably  a 
sustake  for  Pytbins,  one  of  the  two  architects 
BKBtioaed  by  VitruTius.  The  sculpture  and 
irchittctore  were  executed  in  Parian  marble  of 
the  fineit  quality,  and  the  exceeding  costliness 
«  the  material  employed  and  the  perfection  of 
the  execution  contributed  not  a  little  to  the 
world  •  wide  fsme  of  the  monument.  (Pans. 
Tiii.  16,  4 ;  Lncian,  Infer.  Dialog,  xxiw. ; 
VitruT.  ii.  8.) 

h  searching  for  the  site  of  the  Mausoleum, 
esr  6rst  guide  is  the  following  well-known 
passage  in  VitroTius  (ii.  8):  *<Mausolus  per- 
ccimg  that  Halicamassus  was  a  place  natuxmliy 
fcrtiii«i,  fawourable  for  trade  and  with  a  con> 
Tenient  barbour,  made  it  the  seat  of  his  goTem- 
aeoL  As  the  form  of  the  site  was  curved,  like 
that  of  a  theatre,  on  the  shore  near  the  port 
was  placed  the  foram.  Along  the  curve,  about 
half'way  op  its  height,  was  made  a  broad  street, 
—u  it  were,  a  praecinctio.  In  the  centre  of  this 
street  itood  the  Mausoleum,  constructed  with 
iQch  wonderful  works,  that  it  is  considered  one 
of  the  Kven  wonders  of  the  world."  Vitruvius 
goes  oa  to  notice  the  temple  of  Mars  in  the 
eeatre  of  the  fortified  heights  above,  and  the 
temple  of  Venus  and  Mercury  on  the  extremity 
«f  the  right-hand  curve,  and  on  the  left  the 
ptlaceof  3lauso]us  himself. 

Ob  taratng  to  the  plan  (Plate  1  of  Newton's 
Bttory  of  IHtcoteries\  it  will  be  seen  that  the 
li^rc  of  the  harbour  at  Budrum  bends  round  in  a 
ivre,  terminating  in  two  horns,  on  one  of  which, 
the  a&dent  Salmacis,  stands  the  Turkish  arsenal, 
CD  the  other  the  Castle  of  St.  Peter.  On  the 
f^te  of  this  castle  the  foundations  of  an  ancient 
dtadei  may  still  be  traced.  On  examining  the 
posad  overlooking  the  harbour,  many  frag- 
i&csts  of  shafts  of  columns,  volutes,  and  other 
inunents  of  an  Ionic  edifice  in  white  marble, 
hriljng  in  beauty  and  finish  the  finest  examples 
«f  Athenian  architecture,  were  remarked  by 
Profeaor  T.  L  Donaldson  many  years  ago ;  and 
ia  a  memoir  on  the  Mausoleum  {dtusiocU 
•  ifioraa,  v.  pp.  170>201)  Mr.  (now  Sir  C.  T.) 
•^ewtoo  itated  thai  these  fragments  were  prob- 
u>ij  those  of  the  Mausoleum  lying  in  sthi,  as 
^  position  of  this  spot  corresponded  with  the 
icacriptaQo  in  Vitmrius  already  mentioned.  In 
1636  an  expedition  to  Budrum  was  dispatched 
from  Eaglaad  under  the  auspices  of  the  British 
^^ovenkmcai,  the  direction  of  which  was  en> 
United  to  Sir  C.  T.  Newton,  who  has  embodied 
the  results  in  his  Bktory  of  IHtoomrim  at 
^«JnBn,  CUdMS,  cmd  BraneMdae, 

The  exploration  of  the  site  already  referred  to 
F^sented  peculiar  difficulties,  because  it  was 
<*niDbered  with  Turkish  houses  and  gardens, 
^«  owners  of  which  had  to  be  separately  dealt 
*ith  before  possession  of  the  ground  oould  be 
^^^*iMd.  Fragments  of  the  architecture  and 
*nlptQre  found,  some  in  the  soil,  others  in  the 
'^^  walls  of  the  houses  and  gaidens,  soon 


enabled  the  explorers  to  identify  the  ground  as 
the  site  of  the  Mausoleum,  though  of  the  ancient 
structure  not  a  single  stone  remained  above 
ground  in  its  original  position.  The  whole  of 
the  edifice  had  been  removed  except  a  few 
courses  of  the  lowest  foundations:  these  were 
laid  in  a  rectangular  cutting  sunk  in  the  native 
rock,  and  varying  in  depth  from  15  feet  on  the 
west  to  4  feet  on  the  east.  (Newton,  Hist,  Disc. 
pU.  ii-iv.)  In  this  suuken  area  and  in  the  soil 
abore  and  around  it  were  found  drums  and 
capitals  of  columns,  pieces  of  cornice  and  archi- 
trave, stones  from  iacunaria,  aud  steps  of  a 
pyramid.  The  sculpture  comprised  fragments 
of  a  colossal  chariot  group,  of  an  equestrian 
group,  of  statues  of  colossal  or  heroic  dimen- 
sions, and  of  many  lions  and  other  animals; 
there  were  four  pieces  of  a  frieze  suitable  in 
dimensions  for  the  Ionic  order,  and  many  frag- 
ments of  at  least  two  other  friezes.  (See 
Newton,  Ouide  to  Matuoleum  Boom  in  British 
Musewn,}  All  the  remains  of  sculpture  and 
the  more  important  of  the  architectural  marbles 
were  sent  to  the  British  Museum  in  1858-9,  and 
after  their  arrival  in  England  were  carefully 
examined  and  arranged,  with  a  view  to  the  resto- 
ration of  the  original  design.  Many  restorations 
had  been  attempted  before  the  discovery  of  the 
remains  m  situ ;  but  as  the  only  data  for  these 
were  the  scanty  notices  in  Pliny  and  other 
ancient  authors,  they  may  be  put  aside  now. 
Since  the  arrival  of  the  marbles  in  the  British 
Museum  three  restorations  have  been  published  : 
that  by  the  late  Mr.  R.  P.  Pullan,  the  architect 
sent  to  Budrum  to  assist  Sir  C.  T.  Newton  in 
the  expedition  (see  History  of  Discoveries) ;  that 
by  the  late  Mr.  James  Fergusson,  and  a  more 
recent  one  by  Mr.  Petersen  (2)as  Mausoieum^ 
Hamburg,  1867.  See  also  the  memoir  on 
Scopes  by  Urlichs). 

What  we  know  of  the  original  design  of  the 
Mausoleum  is  derived  in  the  first  instance  from 
certain  scanty  notices  in  Pliny,  Vitruvius,  and 
other  ancient  authors.  With  these  hawe  to  be 
combined  the  remains  discovered  tn  situ.  Ac- 
cording to  a  much-discussed  statement  in  Pliny, 
ff.  N.  xxxvi.  §  30,  the  tomb  itself  measured 
63  feet  from  north  to  south,  being  shorter  on 
the  fronts;  its  entire  circuit  was  411  feet,  or, 
according  to  the  Codex  Bambergensis,  440 ;  its 
height  25  cubits,  equal  to  37}  feet.  Round  it 
were  36  columns.  This  peristyle  was  called  the 
Btercn.  Above  this  Pteron  a  pyramid  equalled 
the  lower  part,  contracting  by  24  steps  to  an 
apex  like  that  of  a  meta.  On  the  summit  was  a 
marble  chariot  with  four  horses,  the  work  of 
Pythis.  The  addition  of  this  made  the  height  of 
the  entire  structure  140  feet.  From  this  de- 
scription we  may  assume  that  there  was  a 
Pteron  or  peristyle  edifice  surmounted  by  a 
pyramid,  which  in  turn  was  crowned  by  a 
marble  chariot  group. 

When  we  confront  Pliny's  statement  with  the 
architectural  marbles  found  m  aitUj  we  obtain 
,an  order  37}  feet  in  height,  equivalent  to  Pliny's 
25  cubits  for  the  height  of  the  Pteron,  and  the 
remains  of  a  chariot  group  of  which  the  height 
may  be  calculated  at  from  13  to  14  feet.  Again, 
from  the  measurement  of  the  steps  of  the  pyra- 
mid found  tn  sitUj  we  obtain  for  its  whole  height 
24  fl.  6  in.  if  we  assume  that  all  the  2 4. steps 
were  exactly  of  the  same  height.    The  pyramid, 

L 


146 


MAUSOLEUM 


MAUSOLEUM 


according  to  Plisy,  equalled  in  height  the  lower 
eleration.  As  the  text  stands,  the  words  are 
altitudine  inferiorem  aequabatf  so  that  the  sub- 
stantive with  which  inferiorem  should  agree  is 
wanting.  According  to  ordinary  rules,  the  word 
to  be  supplied  would  be  pyramidenij  but  that  is 
inadmissible,  as  there  is  no  evidence  to  show 
that  there  was  a  lower  pyramid.  If  we  leave 
the  text  as  it  stands,  we  must  either  supply 
aititvdinem  or  partem  after  inferiorem :  "  Above 
the  Pteron  was  a  pyramid  equalling  in  height 
the  lower  height,  i.e.  the  Pteron ; "  or  read  cdtitu- 
dinemy  "  equalling  in  height  the  lower  altitvdo" 
By  this  lower  altitude  Pliny  can  hardly  hare 
meant  any  other  part  of  the  elevation  than  the 
Pteron,  But  this,  as  has  been  already  stated, 
was  37  i  feet  in  height ;  the  pyramid,  according 
to  actual  measurement  of  the  steps,  was  only 
24}  feet.  To  make  it  equal  to  the  Pteron,  we 
must  add  13  feet  either  to  its  base  or  to  its  apex, 
or  partly  to  the  one  and  partly  to  the  other. 
Mr.  Fergusson,  in  his  restoration,  brings  the 
height  of  the  pyramid  to  37}  feet  by  adding 
11  feet  9  inches  for  a  pedestal  under  the  chariot 
group  (Pliny's  meta\  and  2  feet  for  a  plinth  in- 
tervening between  the  lowest  step  and  the  cornice. 
In  Mr.  Pullan's  arrangement  the  entire  chariot 
group  is  reckoned  in  with  the  pyramid  as  37  feet 
9|  inches.  The  main  objection  to  this  was 
pointed  out  by  Mr.  Fergusson :  the  group  itself 
would  not  be  sufficiently  raised  above  the 
pyramid  to  be  properly  visible  from  below 
except  at  some  distance.  Further,  it  would  be 
necessary,  in  order  to  complete  Pliny's  sum  of 
140  feet,  to  allow  65  feet  for  the  basement  under 
the  Pteron,  which  in  Mr.  PuUan's  restoration 
seems  out  of  all  proportion  to  the  rest  of  the 
design.  Moreover,  the  words  of  Pliny  do  not 
justify  us  in  reckoning  the  37}  feet  of  the 
pyramid  as  incliuive  of  the  chariot  group. 
Pliny's  words,  ?iaec  adjecta,  show  clearly  that 
this  was  to  be  added  in  order  to  make  up  the 
whole  height  of  the  monument  to  140  feet. 
Mr.  Fergusson  allows  II  feet  9  inches  for  the 
height  of  the  meta,  and  14  feet  for  that  of  the 
quadriga. 

The  next  question  is,  what  was  the  spread  of 
the  pyramid  laterally.  On  examining  the  steps 
of  the  pyramid,  of  which  from  40  to  50  were 
found  in  titti,  we  find  that  with  the  exception  of 
a  few  blocks  (A  17-23  of  the  Guide),  they  have 
a  tread  of  either  1  foot  9  inches  or  1  foot 
5  inches ;  or,  in  the  case  of  corner  stones,  a 
tread  of  1  foot  9  inches  on  one  side  and  1  foot 
5  inches  on  the  other.  The  number  of  these 
steps,  according  to  Pliny,  \v;is  24.  If  we  assume 
with  Mr.  Pullan  that  22  of  these  had  a  tread  of 
the  dimension  already  .stated,  and  add  a  step  of 
10}  inches  and  one  of  9  inches  below  the  plat- 
form on  which  the  chariot  group  stood,  we 
obtain  39  feet  11}  inches  for  the  spread  of  the 
pyramid  on  one  side  and  32  feet  6  inches  for  its 
spread  on  the  other.  But  it  is  not  proved  that 
all  Pliny's  steps  had  exactly  the  same  tread,  or 
that  the  two  stones  with  the  exceptional  treads 
of  10}  and  9  inches  formed  the  uppermost  course 
of  the  pyramid,  as  Mr.  Pullan  assumed,  though 
they  may  have  belonged  to  the  upper  part  which 
Pliny  describes  as  ^  in  metae  cacumen  se  contra- 
hens,"  tapering  like  a  meta. 

The  dimensions  of  the  platform  on  which  the 
chariot  group  stood  are  still  more   uncertain. 


Mr.  Pullan  calculates  it  at  25  ft.  6  in.  hj  20  ft. 
5  in.,  but  Mr.  Fergusson  is  probably  nearer  tiie 
mark  in  reckoning  it  as  20  bv  16  Greek  feet. 
It  follows  that  Mr.  Pullan  s  calculation  of 
105  ft.  5  in.  for  the  length  of  the  base  of  the 
pyramid  and  85  ft.  5  in.  for  its  breadth  caaoot 
be  relied  on.  Mr.  Fergusson  makes  the  lowe&t 
step  of  the  pyramid  100  by  80  Greek  feet. 

If  we  turn  from  the  pyramid  to  the  Order 
below  it,  we  get  on  surer  grounds.  Mr.  Pullaa 
gives  100  feet  English  for  the  length  of  the 
peristyle  from  centre  to  centre  of  the  colam&.s 
and  80  feet  for  its  breadth.  He  arranges  nine 
columns  on  the  front  and  eleven  on  the  flank, 
and  allows  an  intercolumniation  of  10  feet  from 
centre  to  centre  of  the  columns.  But  to  this 
arrangement  there  is  a  grave  objection.  The 
lions'  heads  of  the  cornice  cannot  be  so  disposed 
that  one  may  range  over  each  column,  accord* 
ing  to  the  usual  rule  in  Ionic  architecture. 

Mr.  Fergusson  calculates  the  measurement  of 
the  lower  step  of  the  pyramid  100  by  80  Greek 
feet.  He  arranges  the  36  columns  of  the  peri- 
style so  as  to  have  eleven  colomns  on  the  longer 
sides  and  nine  at  the  ends,  counting  the  angle 
columns  twice.  He  reckons  the  interoolumnis' 
tion  at  10  ft.  6  in.  except  at  the  angles,  where  he 
supposes  the  columns  coupled,  so  as  to  hare 
half  an  intercolumniation,  viz.  5  ft.  3  in.  Tae 
longer  sides  of  the  peristyle  would  thus  measure 
94  ft.  6  in.  Greek ;  the  shorter  sides,  73  ft.  6  in. 
if  we  add  2  ft.  9  in.  for  the  projection  of  the 
cornice.  In  order  to  make  this  arrangement  iit 
in  with  the  general  scheme  of  his  restoratioc, 
he  is  obliged  to  allow  only  half  an  intercolom- 
niation  (5  ft.  3  in.)  for  the  distance  of  the  angle 
column  from  the  one  next  it  on  either  side.  Hot 
for  such  a  coupling  of  the  oolnmns  in  an  lomc 
edifice  he  can  adduce  no  other  example. 

Petersen  concurs  with  Fergusson  in  allowing 
10}  feet  for  the  intercolumniation,  which,  with 
eight  columns  on  the  front  and  eleven  on  the  flank, 
yields  ten  intercolumniations  on  the  longer  and 
eight  on  the  shorter  side.  If  we  add  to  this  half 
the  thickness  of  the  base  of  the  two  angle 
columns,  we  may  calculate  the  dimensions  of 
the  stylobate  as  109  X  88.  He  thus  obtains  for 
the  circumference  of  the  building  394  feet,  and 
there  is  room  for  two  lions'  heads  between  each 
pair  of  columns. 

Pliny  says  that  the  tomb  itself — meaning,  it  is 
to  be  presumed,  the  cella  within  the  peristyle 
-—was  63  Greek  feet  in  length,  but  shorter  in 
width.  How  much  shorter  he  does  not  state. 
According  to  Mr.  Pollan's  scheme,  the  space 
between  the  cella  wall  and  the  peristyle  would 
on  the  fronts  be  17  feet.  In  his  Plate  XXLfis;:^. 
1  and  2,  he  shows  how  by  the  use  of  through 
stones  this  space  can  be  corbelled  out,  the  beams 
acting  as  ties,  and  in  the  lowest  course  of  the 
corbelling  the  stones  being  of  suflScient  length  to 
extend  from  beam  to  beam. 

Mr.  Fergusson,  having  diminished  the  length 
of  the  Pteron  by  the  expedient  of  coupling  the 
angle  columns,  reduces  the  space  between  the 
cella  wall  and  the  Pteron  to  14  feet  in  the 
fronts ;  2  ft.  8  in.  less  Mr.  Pullan  makes  it. 

Petersen  supposes  that  the  Pteron  had  aa 
inner  row  of  columns,  and  that  Pliny's  cinffit»r 
only  applies  to  the  outer  row.  This  no  doubt 
would  solve  several  difficulties,  but  the  text  <>t 
Pliny  will  not  bear  such  a  forced  interpretation. 


HAUSOIiEUM 


MAUSOLEUM 


147 


The  ax*  and  pUa  of  the  basement  or  podium 
baye  lutlj  to  be  considered*  According  to  the 
Codex  Bembergensis,  which  ranks  as  the  most 
reliable  MS.  of  Pliny,  the  whole  circait  of  the 
Umb  was  not  411  but  440  feet:  other  MSS. 
nrt(141I.  Messrs.  Pallan  and  Fergnsson  adopt 
the  lower  dimension,  but  Mr.  Petersen  follows 
icA  Codex  Bambergensis. 

Hr.  Pallan  makes  the  measurement  of  the 
podiom  119  ft.  by  8d  ft.  6  in.,  which  gives  415 
ie«t  for  the  circumference.  Mr.  Fergusson, 
meararing  it  on  its  lowest  step,  makes  the 
f  gdioffl  126  Greek  feet  by  105  Greek  feet ;  so  that 
i:  voaid  extend  on  each  side  as  far  as  the  sides 
«t  thetjnadrangular  catting,  and  its  total  circum- 
feitace  would  be  462  feet,  in  which  dimension 
be  iadades  piers  projecting  all  round  the  base> 
s«nt  at  the  height  of  17  feet  from  the  ground. 
h  tbe  recesses  formed  by  these  piers  he 
placet  itatoes :  above  these  piers  a  cornice  and 
frieze  connect  the  podium  with  the  stylobate 
<f  tbe  Ptcroo,  and  below  it  ia  a  wall  of  plain 
Dasoory. 

Mr.  Petersen  substitutes  for  recesses  be- 
tTcea  the  piers  arched  niches  for  statues, 
vbicb  pit  the  podium  a  very  Roman  look,  and 
Qtitber  his  designs  for  the  podium  nor  Mr. 
Ferfosson's  have  been  generally  accepted  by 
ATcbitectual  authorities.  On  the  other  hand, 
Mr.  Pullan's  basement,  besides  being  too  tall,  is 
too  bald,  and  its  mouldings  are  deficient  in 
bddnejs.  The  one  thing  that  we  may  assume 
i>  that  the  basement  was  crowned  with  a  cornice, 
below  which  may  have  been  one  or  mor4  friezes. 
The  remains  in  relief,  of  which  a  description  is 
ifiTcn  {Gwde  to  Matuolevm  Roofn,  Nos.  26,  28), 
aod  which  represent  a  oentauromachia,  are  pro- 
babij  from  the  podium.  The  height  of  this 
irieze  is  2  feet  10|  inches.  It  probably  oma- 
Bested  the  podium. 

Hr.  Fergusson  reduces  the  height  of  the  base- 
3«Bt  to  51  feet  6  inches,  in  which  dimension  ho 
ifidodes  an  entablature  of  14  feet.  Mr.  Petersen 
v^^  44  feet  as  the  height  of  the  basement. 

Whatever  the  height  of  the  basement  may 

&>Te  been,  we  may  assume   that  it  was  not 

}m  than  40  feet  above  ground.    It  has  been 

^^nady  stated  that  the  quadrangular  cutting 

bel>/v  tbe  natural  level  of  the  ground,  in  which 

tbe  fbnadatiotts   of  the   Mausoleum   had   been 

lud,  was  cat  in   the  native  rock,  in   various 

deptbs,  the  lowest  part  of  the  area  being  on  the 

v«at  side,  where  the  cutting  was  15  feet  below 

tbe  Dstnnl  level  of  the  rock,  while  on  the  east 

^e  the  bed  rises  within  4  feet  of  it.    The  whole 

•if  this  area  had  been  originally  filled  up  with 

the  (Danes  of  the  foundation  stones,  consisting 

of  blocks  of  a  green  ragstone  strongly  bound 

t<^Z«tbe7  with  iron  clamps,  and  generally  mea- 

^^<nng  about  4  feet  square  by  1  foot  thick.     In 

^-ac  places  all  the  foundation  courses  had  been 

MnoT«d,  and  the  original  bed  of  the  rock  laid 

(«n.    On  the  west  side  of  the  quadrangle  was 

'-^ciTered  a  staircase  of  twelve  steps,  29  feet 

*>it  and  cut  in  the  solid  rock.    On  the  north 

^'^  Ktaircase  waa  fianked  by  a  wall   of  good 

-'■'iooaoas  masonr)^,  boilt  of  large  blocks   of 

>^Te  rock.    A  few  feet  to  the  east  of  the  stair 

**re  found  some  alabaster  jars,  such  as  were 

^-^  br  the  ancients  for  precious  ointments.   On 

^^  ^  these  jars  were  two  inscriptions,  one  in 

^rt^glyphics,  the  other  in  the  cuneiform  cha- 


racter. These  inscriptions  contained  the  name 
of  the  Persian  king  Xerxes,  written  in  four 
languages.  Immediately  to  the  east  of  the  spot 
where  these  jars  were  found  was  a  block  of 
green  ragstone,  7  ft.  high  by  4}  fL  square, 
and  weighing  about  10  tons.  It  rested  on  two 
slabs  of  white  marble,  in  which  were  bronze 
sockets,  adjusted  to  receive  dowels,  6 zed  at  the 
bottom  of  the  stone,  but  by  some  accident  in  the 
original  process  of  fixing  the  stone  these  dowels 
had  never  descended  from  their  collars  into  their 
sockets. 

It  may  be  inferred  from  the  position  of  the 
remnant  of  marble  pavement  under  the  great 
stone,  that  a  passage  paved  with  marble  led 
from  it  into  the  royal  sepulchral  chamber, 
which  may  have  been  nearly  in  the  centre  of 
the  basement,  where  the  eutting  in  tbe  rock  is 
deepest.  After  the  body  of  the  personage  in- 
terred had  been  carried  down  the  steps  to  its 
final  resting-place  in  the  heart  of  the  basement, 
the  great  stone  was  let  down  into  its  place,  like 
a  portcullis,  and  wedged  in  on  either  side  by 
smaller  stones.  The  alabaster  vases,  fonnd 
between  the  great  stone  and  the  foot  of  the 
staircase,  must  have  been  deposited  there  shortly 
after  the  interment,  as  an  ofiering  to  the  dead. 

There,  too,  were  found  bones  of  oxen  from  a 
sacrifice,  and  small   terra-cotta  figures.     The 
staircase  must  have   been  then  filled  in   with 
earth  to  the  level  of  the  upper  surface,  and  the 
soil  to  the  east  of  the  stair  was  supported  by  a 
wall  ronning  from  flank  to  flank,  which  was  more 
than  a  yard  broad,  and  constructed  of  massive 
blocks  of  native  rock  carelessly  thrown  together 
without  bond.     The  great  stone,  the  remnant  of 
marble   pavement  under  it,  and  the  alabastra 
and  other   sepulchral  offerings   found  between 
the  great  stone  and  the  foot  of  the  stair,  are  all 
that  the  expiration  of  the  site  yielded  to  indi- 
cate the  arrangement  of  the  interior  of  the  base- 
ment.    Mr.  PuUan,  ailopting  a  suggestion  pre- 
viously made  by  Sir  Robert  M.  Smith,  R.E.,  the 
engineer  officer  attached  to  the  Budrum  expedi- 
tion, supposes  that  in  the  interior  of  the  base- 
ment there  was  a  circular  chamber,  covered  with 
a  vault  similar  in  structure  to  that  of  the  lion 
tomb  at  Cnidus,  the  so-called  Treasury  of  Atreus 
at  Myceruie,   and  many   other  ancient  tombs. 
Mr.  Fergusson,  rejecting  this  arrangement,  pro- 
poses an  elaborate  plan  of  the  basement  which 
is  mainly  grounded  upon  a  narrative  in  Guichard 
{Funerailles  des  Grecs  et  EomainSy  Lyon,  1581, 
pp.  378-81).    That  author  states  that  in  1522 
some  of  the  Knights  of  St.  John  were  sent  from 
Rhodes  to  Budrum  to  repair  the  castle  there, 
then  threatened  by  the  Sultan  Solyman.     These 
knights,  on  their  arrival   at  Budrum,  at  once 
began  to   strengthen  the   foi-titications  of  the 
castle,  which  had  been  built  rather  more  than 
a  century  before  by  a  German  knight,  called 
Henry  Sc'hlegelholt,  who,  as  we  are  told  by  his 
contemporary   Fontana,  used  as  materials  the 
ruins  of  the  Mausoleum  then  lying  above  ground. 
The  materials  first  used  would  naturally  be  the 
marbles   from  the   upper   part    of  the  edifice, 
which  were  lying  in  situ  detached  by  their  fall, 
such  as  the  steps  of  the  pyramid,  the  architrave, 
the  fragments  of  the  firieze  of  the  Order  and 
cornice,  the  drums,  ca]>itals,  and   bases  of  the 
columzui.      As  the  ruins  were   thus  gradually 
cleared  away,  the  stylobate  and  marble  facing  of 

L  2 


148 


MAUSOLEUM 


MAUSOLEUM 


the  basement  would  be  stripped  off  till  nothing 
\Yaa  left  but  the  inner  core  of  the  masonry, 
composed  of  large  blocks  of  green  rag,  such  as 
were  found  in  position  in  the  quadrangular 
cutting.  Between  1402  and  1522  the  fortitica- 
tions  of  the  castle  were  repaired  by  the  Knights 
at  intervals;  through  all  this  time  the  ruins  o{ 
the  Mausoleum  must  have  supplied  botli  stone 
and  lime  to  the  building. 

The  Knights  employed  in  1522  found  still  in 
position  certain  steps  of  white  marble,  which 
Guichard  compares  to  a  perron,  ^' These  they 
made  into  lime,  and,  having  cleared  them  away 
above  ground,  proceeded  to  search  by  excavation 
for  more  marbles  of  the  same  quality.  As  they 
proceeded  deeper,  the  base  of  the  structure  was 
enlarged,  and  they  found  not  only  marble  for 
the  limekiln,  but  good  building  stone.  After 
working  downwards  for  four  or  five  days,  they 
came  upon  an  opening  like  that  of  a  cellar. 
Descending  through  this,  they  found  themselves 
in  a  large  square  apartment,  ornamented  all 
round  with  columns  of  marble,  with  their  bases, 
capitals,  architrave,  frieze,  and  cornices  en- 
graved and  sculptured  in  half  relief.  The  space 
between  the  columns  was  lined  with  slabs  and 
bands  of  marble,  ornamented  with  mouldings 
and  sculptures  in  harmony  with  the  rest  of  the 
work,  and  inserted  in  the  white  ground  of  the 
wall,  where  battle-scenes  were  represented 
sculptured  in  relief.** 

All  this  sculpture,  according  to  Guichard,  was 
broken  up  and  destroyed  by  the  Knights.  He 
goes  on  to  narrate  how,  **  besides  this  apart- 
ment, they  found  afterwards  a  very  low  door, 
which  led  into  another  apartment  serving  as  an 
antechamber,  where  was  a  sepulchre  with  its 
vase  and  helmet  {tymbre)  of  white  marble,  very 
beautiful,  of  marvellous  lustre."  They  deferred 
opening  this  till  the  next  day,  retiring  to  the 
castle  for  the  night.  On  returning  the  next 
morning,  they  found  the  tomb  opened  and  the 
earth  all  round  strewn  with  fragments  of  cloth 
of  gold  and  spangles  of  the  same  metal.  It  was 
supposed  that  pirates  had  plundered  the  tomb  in 
the  night.  Guichard  had  this  story  from  Dale- 
champs,  a  learned  contemporary,  who,  we  may 
presume,  was  the  editor  of  Pliny,  and  to  whom 
it  was  narrated  by  the  Commander  La  Tourette, 
a  Lyonnese  knight,  who  was  sent  to  Budrum 
with  other  Knights  and  was  present  at  the  siege 
of  Rhodes  in  the  same  year. 

There  seems  to  be  no  reasonable  ground  for 
rejecting  this  story  in  its  general  outline,  but  it 
must  be  borne  in  mind  that  it  is  based  on  hear- 
say evidence,  and  we  are  hardly  justified  in 
insisting  on  the  accuracy  of  its  details  as 
strongly  as  more  than  one  recent  writer  haa 
done. 

It  may  be  assumed  that  the  perron  men- 
tioned by  Guichard  was  the  remnant  of  the 
steps  on  which  the  stylobate  of  the  Pteron  had 
rested,  the  ruins  above  which  had  been  gradually 
cleared  away  by  the  Knights  in  the  course  of 
the  fifteenth  century.  If  we  accept  the  narra- 
tive of  Guichard  literally,  we  must  suppose  a 
square  apartment  ornamented  all  round  with  a 
fneze  and  other  sculptures.  It  is  not  likely, 
however,  that  marbles  of  different  colours 
would  have  been  used,  but  the  frieze  may  have 
been  painted,  as  was  certainly  the  case  with  the 
fragments  of  the  frieze  of  the  Order,  found  in 


the  excavations  above  ground.  Mr.  Fergosioa 
supposes  in  his  restoration  a  sepulchral  chamber 
52  feet  6  inches  by  42  feet.  It  would  thus  hare 
been  identical  in  dimensions  with  the  interior  of 
the  cella  in  his  restoration. 

In  the  walls  of  the  castle  were  formerly  t« 
be  seen  a  number  of  lions  broken  off  behind  the 
shoulder,  and  pieces  of  frieze  from  the  Mauso- 
leum, which  the  knights  had  inserted  at  inter- 
vals in  the  walls,  and  which  attracted  the  notice 
of  travellers  from  Thevenot  down  to  oor  own 
time.  All  these  sculptures  are  now  in  the 
British  Museum,  having  been  presented  hj  snc- 
cessive  Sultans.  Other  forehands,  heads,  and 
fragments  of  lions  were  found  on  the  site  of  the 
Mauboleum.  From  the  evidence  of  these  frag- 
ments, it  is  clear  that  they  stood  on  detached 
rocky  bases,  which  average  in  thickness  6  inches. 
These  bases  appear  to  have  been  inserted  in  a 
lower  plinth  at  an  average  depth  of  2  inches 
from  the  upper  surface.  The  proportions  of  the 
lions  are  adjusted  to  three  different  scales.  The 
largest  measure  4  fl.  6  in.  from  the  point  of  the 
shoulder  to  the  hind  quai*ter,  and  the  second  in 
scale  about  3  inches  less.  Their  height  probably 
did  not  exceed  5  ft.  One  head  measured  across 
the  forehead  in  a  line  with  the  eyes  was  2  inches 
less  in  width  than  the  largest  head.  A  paw  was 
found  smaller  than  any  of  the  others,  which 
seemed  to  correspond  in  scale  with  this  head. 

On  the  north  of  the  quadrangular  cutting 
was  a  wall  of  white  marble  blocks,  beautifnlly 
jointed  with  isodomous  masonry.  Behind  th^ 
wall  on  the  north  was  a  mass  of  white  marble 
blocks,  which  on  examination  were  recognised  to 
be  steps  from  the  pyramids.  From  fortf  to 
fifty  of  these  stepe  were  found.  Intermixed 
with  these  steps  were  fragments  of  the  chariot 
group,  of  which  the  most  important  were  the 
anterior  half  of  a  colossal  horse  (the  harness  of 
which  showed  that  it  was  from  a  chariot,  the 
bronze  bit  and  bridle  still  remaining  attached 
to  the  head)  and  the  hinder  half  of  a  horse, 
similar  in  style  and  scale:  this  extended  from 
the  middle  of  the  body  to  the  root  of  the  tail, 
and  measured  in  length  rather  more  than  6  feet 
There  were  various  fragments  of  feet  and  legs 
of  horses;  also  pieces  of  one  of  the  wheeb  of 
the  chariot,  from  which  its  diameter  has  been 
ascertained,  and  the  remains  of  a  colossal  male 
figure,  which  has  been  made  up  of  seventy- 
four  fragments  collected  in  situ.  This  figure  is 
generally  held  to  be  the  portrait  of  Mausolos 
himself  (Guide,  No.  34).  There  was  a  draped 
female  figure  of  colossal  size,  probably  repre- 
senting a  goddess  acting  as  charioteer  in  the 
quadriga  (Guide,  No.  35).  Both  these  sUtuet 
are  remarkable  for  the  breadth  and  grandeor 
of  effect  in  the  drapery,  and  the  refined  delicacy 
in  the  execution. 

For  further  details  of  the  sculptures  which 
were  found,  see  Sir  C.  Newton's  Owde  to  Un 
Mausoleum  Boom^  especially  Nos.  B>11, 17,  26, 
29,  38-49. 

Mr.  Pullan  and  the  others  who  have  attempted 
restorations  of  the  Mausoleum  differ  widely  in 
their  disposition  of  the  sculptures  in  the  round. 
It  is  generally  accepted  that  the  two  colossal 
figures  found  among  the  ruins  of  the  pyramid 
steps  belong  to  the  chariot  group,  and  represent 
Mausolus  and  the  Goddess  who  acted  as  hii 
charioteer.    The  lions  must  have  been  arranged 


MAUSOLEUM 

roasd  the  tomb  as  its  watchfal  gnardiansy  some 
ititkAcd  at  its  doors,  others  perhaps  at  the  base 
cf  the  pyramid :  the  equestrian  torso  was  pro- 
Ubij  one  of  four  groups  from  the  angles,  but 
bejccd  this  we  are  left  entirely  to  conjecture. 
Ststnei  were  prohablj  placed  between  the 
AlusBiy  as  in  the  Xanthian  monument,  but  of 
the  toxaocs  preserred  most  are  on  a  scale  too 
sBsU  to  itaiod  by  the  side  of  the  columns  for 
sipport  of  the  roof  of  both  apartments. 

Where  the  remaining  statues  were  placed  is 
it  present  a  matter  on  which  we  hare  no  more 
enduce  than  we  have  as  to  the  arrangement  of 
tW  colomss,  the  area  of  the  basement  or  of  the 
^itfonn  on  the  top  of  the  pyramid,  or  the  cir- 
cimftreace  of  the  building  as  expressed  by 
Plinj's  Mut  drcuitus.  As  the  author  of  the 
Geide  mnarks,  **  The  problem  of  the  restoration 
«f  the  llaosoleom  will  probably  remain  un- 
nlred,  ualeis  some  unexpected  discorery  at 
Bsdnun  or  elsewhere  in  the  Hellenic  world  con- 
tiibatcs  fresh  eiidence.  As  we  know  that  the 
Cistle  of  St.  Peter  was  built  by  the  Knights  out 
<tf  the  mitts  of  the  Mausoleum,  it  may  be 
ssumed  that  many  fragments  of  architecture 
aad  Kolptures  are  still  imbedded  in  its  walls.'* 

The  natiTe  rock  of  the  platform  is  pierced  at 
CWo  diflemt  levels  by  subterranean  galleries, 
with  which  shafts  communicate  at  intervals. 
The  Wer  of  these  galleries  runs  all  round  the 
qoadnagle,  and  naust  hare  served  for  the  drain- 
*p  of  the  Mausoleum.  It  is  cut  throughout  in 
tM  solid  lock  to  a  height  ranging  from  6  to  8 
feet,  except  in  front  of  the  stair  on  the  west 
fide,  where  it  passes  between  the  stair  and  the 


MAUSOLEUM 


149 


big  stone,  where  it  is  only  2  ft.  10  in.  in  height. 
It  is  evident  that,  before  the  foundations  of  the 
Mausoleum  had  been  laid  in  the  quadrangle,  the 
rock  had  been  quarried  out  to  various  depths, 
and  had  also  been  used  as  a  place  of  inteiment 
in  early  times,  before  the  city  had  been  enlarged 
and  embellished  by  Mausolus.  The  centre  of 
his  new  city  was  probably  selected  as  the  most 
appropriate  site  for  his  tomb,  because  he  con- 
sider^ himself  the  new  founder  of  Halicamassus. 
Hyginus,  a  Latin  writer  of  uncertain  date  under 
the  Roman  Empire,  states  (in  the  Fabulae)  that 
the  Mausoleum  was  surrounded  by  a  peribolos 
1340  ft.  in  circumference.  Supposing  Greek  feet 
to  have  been  used  in  this  mea.^urement,  one-fourth 
of  the  peribolos  would  be  335  Greek  feet  (equal 
to  339  English).  On  the  north  side  of  the 
Mausoleum  a  wall  constructed  of  marble  blocks 
of  fine  masonry  {Hist.  Di9c.  pi.  vi.)  was  traced  east 
and  west  for  a  distance  of  337  English  feet.  A 
similar  wall  was  traced  under  the  soil  for  260 
English  feet  on  the  east  side.  We  may  assume 
that  the  four  sides  of  the  peribolos  formed  a 
rectangle.  No  trace  was  found  of  the  western 
wall,  but  on  the  southern  side  Mr.  Biliotti,  ex- 
ploring the  ground  in  1865,  traced  a  cutting  in 
the  rock  running  east  and  west,  which  he  be- 
lieved to  be  the  bed  prepared  to  receive  the 
foundation  of  the  southern  wall.  It  is  probable 
that  the  platform  on  which  the  Mausoleum 
stood  was  connected  with  the  Agora  on  the 
shore  by  a  series  of  terraces,  with  intervening 
flights  of  steps,  so  disposed  as  to  set  off  the 
elevation  to  advantage  when  viewed  from 
below.  [C.  T.  N.] 


Though  none  of  the  proposed  restorations  of 
th«  Hsnaoleuni  can  be  accepted  with  certainty, 
>^  the  preceding  writer  has  remarked,  still  the 
Ri^CDioas  restoration  by  the  late  Mr.  Fergusson 
is  not  without  value.  (See  cut  on  following 
P^e.)  The  principles  on  which  he  constructed 
IV  ud  the  objections  that  may  be  taken  to  it, 
bve  been  already  fully  stated. 

Of  the  other  magnifioent  sepulchral  edifices 
t«  vhich  the  name  of  Mausoleum  was  given  the 
tvo  moit  important  are : — 

1.  The  Mausoleum  of  Auoubtub,    which 

*u  errctcd  by  Augustus,  during  his  lifetime 

»d  in  his  sixth  consulship  (B.C.  28),  in  the 

cdtthcnipaTt  of  the  Campus  Martius,  between 

tae  Via  Flaminia  and  the  Tiber  (Suet.  Aug.  100). 

h«u  a  magniScent  circular  building  (called  b 

^  Qtu.  Iriil  22,  fieuriXuehr  funifittop),  ereci^ 

^  firandations  of  white  marble,  covered  to4he 

i^iomit  with  plantations  of  evergreen,  anfl  sur- 

'aonated  with  a  bronze  statue  of  AuguaCus :  in 

^  mterior  were    sepulchral    chambers,  con- 

taifiiag  his  ashes  and  those  of  his  fai/ily.     The 

pxiad  round  the  Mausoleum  was  iaid  out  in 

P^fm  and  public  walks.      (StraK  v.  p.  236.) 

S«Teral  members  of  the   family,  of  Augustus 

^m  eatombed  in  the  Mausoletim   before  the 

**^  oS  the  emperor  were  deposited  in  it,  as 

^ttcellas,  Agrippa,  Octavia,  and  Drusns,  the 

^ker  of  Tiberius  (Verg.  AefL  vi.  873  seq. ; 

^C«s.  UIL  30.  liv.  28,  Iv.  2;  Ov.  Cons,  ad 

^  37;  Pedo,  Eleg.  i.   69:   for  the  burial  of 

^•ZtttQs  himself,  see  Dio  Cass.  Ivi.  43 ;  Suet. 

V  101).    The  ashes  of  Livia,  the  mother  of 

^'^oiai,  were  also  deposited  there  (Dio  Cass. 


Iviii.  2),  and  it  was  the  regular  tomb  of  the 
imperial  family,  whence  it  is  called  by  Tacitus 
{Ann.  iii.  9)  tumulus  Caesarum.  Caligula  had 
the  ashes  of  his  mother  Agrippina  and  his 
brother  Nero  interred  here  with  gpreat  pomp 
(Suet.  Cat.  15 ;  Dio  Cass.  lix.  3).  By  the  time 
of  Hadrian  this  Mausoleum  was  completely 
filled,  which  caused  him  to  build  a  new  one  on 
the  opposite  side  of  the  river  (Dio  C!ass.  Ixix. 
23 :  see  below).  Martial  alludes  to  the  Mauso- 
leum of  Augustus  under  the  name  of  Mauaolea 
(v.  64,  ^)Z^  the  deqs  in  the  following  line 
clearly  nrrer  to  the  Caesars.  (See  Friedlander's 
notej^^^here  are  still  considerable  remains  of 
tl^^s  Mausoleum  ;  but  **  it  is  now  so  completely 

lined,"  remarks  Mr.  Fergusson,  *'  that  it  is 
extremely  difficult  to  make  out  its  plan;  it 
appears  however  to  have  consisted  of  a  circular 
basement  about  300  feet  in  diameter,  and  about 
60  feet  in  height,  adorned  with  twelve  large 
niches.  Above  this  rose  a  cone  of  earth  as  in 
the  Etruscan  tombs,  not  smooth  like  those,  but 
divided  into  terraces,  which  were  planted  with 
trees."  (Fergusson,  Hist,  of  Arch.  i.  p.  343.)  It 
was  convertMl  into  an  amphitheatre  for  bull- 
fights till  the  time  of  Pius  VI.,  and  is  now  used 
as  a  theatre  for  the  display  of  fireworks  and 
other  spectacles  of  the  lowest  description. 

2.  The  Mausoleum  of  Hadrian,  also  called 
the  Moles  Hadriani,  now  the  Castle  of  S. 
Angelo,  a  much  more  splendid  building  than  the 
Mausoleum  of  Augustus,  was  erected,  as  we 
have  already  seen,  by  the  Emperor  Hadrian  on 
the  right  bank  of  the  Tiber,  near  the  Aelian 
bridge  in    the   gardens  of  Domitia  (Dio   Cass. 


150 


HAU80LEUU 


liii.  23;  Spart.  Bair.  19).  HulriBn  died  *t 
Uniie,  uid  his  rcmaini  were  fint  depuitad  in 
k  temporary  tomb  at  Puteoli,  from  vhich 
they  were  removgd  to  the  Uaaaolaum  at  Rome 
bj  AptDDiDui  Pin>,  who  prDbablr  compl«l«d 
the  building  (Spart.  HadT.  25  \  Capitol.  AM. 
Pi'tti,  5,  8).  Ttaii  MatUDleum  wsi  the  Hpnlchre 
ortbe  iubaeqacDt  empcron  and  their  tWoiiliei 
down  to  Commodiu  and  perhapa  to  Caracalla, 
but  Dot  bCTODd.  It  ia  eipreulf  meDtioncd  ai 
the  aepnlchre  of  AntoniDOi  Pitu  (Capit.  Ant. 
Fka.  7),  of  Lucioi  Venia  (Capit.  Ver.  11), 
of  CommodnB  (Lamprid.  Caiamod.  IT).  Ai  to 
the  othtT  tmperora,  xe  Becker,  BSm,  Alterih. 


MAUSOLEUM 

Tol.    i.    p.   SSI,  Wh<n   the    iDbject    ii  full; 
diacuHed. 

The  ManaoUDm  ia  docribed  bj  Pro«i|Nu 
(£.  a.  i.  22)  oD  the  ocoaioD  of  the  aiege  of  Rom 
br  the  <>othi,  a.d.  537.  He  aaji  that  it  bid  beti 
coDTerted  into  a  fsrtma  conaiderabl;  befDi 
hii  time  ('■  bj-  the  men  of  old,"  oJ  roAuo 
&i4pctiroO,  and  WM  joined  to  the  line  of  fsrtifi 
catioui  bf  two  walU.  Thii  wu  probab]/  don 
when  the  walli  were  repaired  b;  Hoaonu 
abont  i.D.  423.  Piocopini  (I.  c.)  dscribei  it  & 
a  memorable  tight  {9ia)ia  Aiyoir  waUUiv  t{iw) 
outaide  the  Porta  Aurelia,  dtitant  from  Ih' 
walli  abont  a  bow-ahot.    "  It  ii  nude,"  he  uvi 


-,*r^  ^*^ 


I'of  Pariko  marble,  and  the  atonee  Gt  cIomIt 
into  one  aoother  with  no  other  faattning.  It 
baa  foar  eqoal  sidei,  each  about  a  gtone'i  throw 
in  length,  and  in  height  riling  aboTe  the  walli 
of  the  cit;.  Above  are  atatnet  of  men  and 
horaea  made  of  the  ume  Paiian  marble  and 
wonderfnl  to  behold."  Many  oftheie  precioni 
worki  of  art  were  hnrled  down  from  the  Tomb 
on  Ihe  Gothic  beuegari.  The  Baiberini  Faun 
at  Uanich  and  the  Dancing  Faun  at  Florence 
were  found  in  the  ditch  below  the  Tomb.  The 
labsequent  history  of  the  Uaotolenm  will  be 
found  in  all  the  gaide-booki.  (See  Mnrnij'i 
/faniAoat  of  Sonu,  p.  T3  leq.) 

From  tbe  eiiitiog  remaini,  and  the  deacrip- 
tioD  of  writer*  in  the  UiddU  Agei,  the  Uanao- 
leum  baa  been  reatored  bj  modern  archaeologitta. 


1    of    tbii 
■  of  fonr  ( 


"  A  qnadrangnlar  atmetnre  of  duiUng  w 
marble,  vach  aide  300  Roman  feet  loni 
8a  feet  high,  it  '  , 
to  the  Tariona  emperora  from  Trajan  to  Sevti 
-■■ '      "   ■       la.      AI  t 

._   Jonr  emnerOM.     Abore.  '  ' 

bnilding^o. 
with  colonnade!  and  peopled  with  mul 
■tatnei.  Over  alt  me  a  oonical  copoli  i ' 
■nramit  wu  300  feet  aboT*  the  gronad. 
tort  to  the  garden!  of  the  Vatican  may  iti! 
there  a  bmnie  lir-cone,  8  feet  high,  which  « 
cording  to  tradition  once  ■armaonted  thecspniH 
of  Hadrian'i  tomb."  (Hodgkin,  Italy  ok'  '''I 
Invadert,  It.  p.  202;  Dante,  Inf.  uii.  i^'-  '^■1 
Fergnaaon,  Hut.  of  Arci.  i.  p.  344.)      [W. S] 


HAZONOHUS 

MAZOVOVUB  OuCarJfur,  dm.  ^f'onffuor, 
Xlba.  T.  H9  ■},  fram  ^(a,  >  loaT,  or  i  ak»  ; 
pnptrlj  m  d>«h  for  diitributing  brrad :  bat  tha 
ifiDi  i>  applied  iIm  to  107  Urg*  diah  oied  for 
bciip^  mtat  to  tabic  (Tartti,  de  St  SvtL 
111.  4).  Tfaoe  diiha  wen  made  cithar  of  vood 
(PoUaz,  tS.  87),  of  broDM  (Athen.  iv.  136  c), 
er  of  pild  <At)i«B.  T.  197  f).  Id  Uib  mi»t 
fimiliir  ^tmmp  (Hot.  fU.  iL  8,  86)  vc  ban 


MEDlASXnJI 


151 


u  a  lai^  diah,  on  wbich 
portion!  of  meat  apiinkled  with  meal  and  talt 
are  brought  to  table  (the  theon  of  paitiy  ii 
nnfoanded).  Tbcra  ia  no  ground  for  tttigning 
the  word  a  epecial  aignificauce  aa  a  aacred  vetiel, 
thongh,  DO  doubt,  like  lanx,  iic.,  it  might  be 
med  to  eipreii  a  large  diah  oaed  far  aacred 
aa  well  aa  for  proAoa  pnrpotea. 

[J.T.]    [G.E.MO 


DIX  TUnCUS  ( =  "communily 
")  waa  the  chief  magiatrate  among 
Sabellian  commniiitiea.  Hence  wt  find 
'  at  Ckpua  aft«r  the  Samuitea  vreated 
of  that  ei[7  from  theGreehi.  Tha 
>   aa  Uedii    in   the  MSS.   of  Lii 


i<r.  19  a 


I  Media 


iin.6,  ThedoDbleconMnant,lio*ei 
m  Feitaa  and  in  moat  inscriptiona,  as  mejdie*, 
eittu(,  Dwtdias.  Uomnuen  iBrtlerit,  Dial. 
y.  ITS)  cmaidtra  that  tha  firiL  Billable  ia  natu- 
nliy  ihort  (aa  eTideoced  hj  the  Greak  ■),  and 
il«riTt»  it  from  th«  same  nwt  aa  mederi :  Curtioa 
■Sgeata,  but  on  the  «bole  rejecta,  ii4Sm,  to 
■bich  howerer  there  woald  be  no  abjection  if 
then  ia  merelj  a  doubled  d.  It  waa  clearlj  tba 
Oacaa  name  far  a  magittrait  vho  might  ba  alona 
IB  o£ce  or  DDe  of  manj_  So  Cnniua  givea  na 
"Soamua  ibi  capitur  maddii  ooctditnr  alter," 
iM  that  deci  not  proTi  that  tha  title  Meddii 
beloaga  onlj  or  apadallj  to  a  dual  magiatracy. 
The  inacriptiona  gira  ua  two  maddicet  at  Uea- 
>au  (MommicB,  L  c),  bat  in  moat  SabelUau 
cnuBmutiea,  aa  far  aa  we  can  gather,  there  araa 
nlj  tat:  poaaiblf,  aa  Momnuen  {StaattrecAi, 
^  iSl)  aaggeata,  the  dnal  oonatitation  al  Maa- 
■aa  waa  owing  to  Roman  inflnanca.  We  haTa 
1^  qualifjing  word  TUuvt  added  at  Capua 
{Liijr),  at  Pompeii,  Harcolananm,  and  Boviauum 
l*t  the  imcriptioDa  cited  b^  llommaen),  and 
'^  word  ia  ptobablj  coonected  with  Dmbrian 
■ad  Oacaa  worda  for  town,  taaia,  lota,  Unda 
(Contss,  fir.  Etjpn.  p.  225):  ao  that  the  tJtl* 
waaa  chief  magiatiate  of  the  town,  and  aeeme 
toRBplr  that  the  word  maddix  alone  might  ba 
Uid  of  atlter  magiitiataa.    Ve  iutTe  no  meana 


of  ascertaining  the  preciae  liroita  of  hie  juriedie- 
tion,  which,  moreaver,  maj  have  varied  in 
different  towns,  but  a  good  deal  may  ba  gathered 
from  the  acconnta  of  Capna  preierred  in  lirj. 
Thia  town  became  aubject  to  Rome  B.C  329  with 
caerilt  righta,  i.e.  aiilaa  atiu  miffragio  (Lit.  riiL 
MX*l>d<^''°**'i1*''^'7''*''  ^"^  autonomy,  but  kept 
ita  ovD  aenate  and  magiatratea  (see  Mommaen, 
Eitt.  of  Rome,  i.  369;  StaaisweAi,  iii.  581),  per- 
hapa  with  some  coordinate  jnrisdictiDD  of  Kornan 
officials.  Wa  learn  from  Utj  that  the  meddii 
waa  anonallj  elected,  as  tammus  magistratiu 
Cvn/unia,  and,  like'sole  periodica]  magiatrates  in 
more  modem  and  larger  atatea,  had  the  reproach 
of  aecking  by  all  meana  the  popalar  Tote  ;  he 
iammoned  the  aenate,  preaided  at  religioua  ritea, 
and  (during  the  rcTolt)  appointed  commanden 
of  troopa  and  acted  bimaelf  aa  general  (probably 
one  of  hia  original  function)) :  the  office  ceaaed 
with  the  Second  Panic  War.  (Lit.  ijiU.  4; 
iiiT.  19;  »Ti.  6.  See  also  Mominsen,  Hilt,  of 
Somt,  i.  355;  5taatirccAt,  ill.  591,  and  indei ; 
UniiTital.  DviUcte,  p.  277  f. ;  Marquardt,  ^ooti- 
oertooit.  i.  30  ff.)  [W.  S.]     [G.  E.  M.] 

HEDIASTI'NI,  the  name  given  to  alaTea 
of  all  work  either  in  town  or  conntry,  who  are 
said  by  tha  Scholiast  on  Horace,  Ep.  i.  14,  14,  to 
ba  those  "qui  in  medio  atant  ad  qaaeria  impe- 
rata  parati."  They  vould  iberefoie  be  thoaa  of 
whom  Cicero  speaka  {Par.  t.  2,  37),  "qui  tergoot, 
qui  nngunt,  qui  verrunt,  qui  apargant."  In 
Ulpian  they  are  apoken  of  aa  equivalent  to 
aitaan$  ttrvi.  In  Pliny  (,H.  S.  iiii.  §  4) 
the  alaTca  of  an  apothecary  need  for  geMral 
irarpoaea  are  no  called  to  diitingnisb  them 
from  skillad  alaTea  employad  aa   rabben,  Ac 


152 


MEDIGINA 


Bat  although  Horace  (/.  c.)  seems  to  distinguuh 
the  medktuHttut  from  the  conntiy  elare,  the  dis- 
tinction is  only  fonnd  in  the  context,  not  in 
the  word  itself;  for  Columella  (ii.  13)  gives  the 
allowance  of  field  labour  for  200  jugera  as  two 
yoke  of  oxen,  two  6ti6u^'  and  six  mediastini: 
he  separates  them  from  the  special  labonrers, 
vmitores  and  aratores  (i.  9),  saying  that,  while 
the  orator  should  be  tall,  the  fneduutmvs  might 
be  any  height  provided  he  was  industrions.  To 
he  precise  therefore,  the  low  class  general  slaves 
would  be  distinguished  as  medieutini  urbcmi  and 
mediastini  rustici  (which  is  a  disputed  reading 
in  Cic  Cat.  ii.  3,  5).  [W.  S.]    [G.  E.  M.] 

MBDIGI'NA  (tarpuHi),  the  name  of  that 
science  which,  as  Oelsus  says  (do  Medic,  lib.  i. 
Praef.),  promises  health  to  the  sick,  and  whose 
object  is  defined  in  one  of  the  Hippocratic 
treatises  (de  Arte,  vol.  i.  p.  7,  ed.  Kilhn)  to  be 
"  the  delivering  sick  persons  from  their  suffer- 
ings, and  the  diminishing  the  violence  of  diseases, 
and  the  not  undertaking  the  treatment  of  those 
who  are  quite  overcome  by  sickness,  as  we  know 
that  medicine  is  here  of  no  avail."  This  and 
other  definitions  of  the  art  and  science  of  Medi- 
cine ara  critically  examined  in  Pseudo-Galen 
(Introduct.  c.  6,  vol.  xiv.  pp.  686-8,  eJ.  KUhn). 
The  invention  of  medicine  was  almost  universally 
attributed  by  the  ancients  to  the  gods.  (Hippoc. 
de  Prisca  Media,  vol.  i.  p.  39;  Pseudo-Galen, 
Introd,  c.  i.  p.  674 ;  Cic.  Tuac.  Dis,  iii.  1 ;  Plin. 
H,  N,  xxix.  §  2.)  So  also  in  Aeschylus  (Pr.  478) 
we  have  the  claim  advanced  for  Prometheus, 
that  he  first  taught  men  the  art  of  medicine 
both  externally  applied  and  as  potions,  and 
there  is  a  remarkable  passage  in  Pindar  (Airni. 
iii.  45)  where  Aesculapius  is  taught  by  Chiron 
the  triple  art  of  healing  by  drugs,  incantations, 
and  surgical  operations.  Another  source  of  in- 
formation too  was  observing  the  means  r«>sorted 
to  by  animals  when  labouring  under  disease. 
Pliny  (^.  N,  viii.  §  97)  gives  many  instances  in 
which  these  instinctive  efforts  taught  mankind 
the  properties  of  various  plants,  and  the  more 
simple  surgical  operations.  The  wild  goats  of 
Crete  pointed  out  the  use  of  the  dictamnus  and 
vulnerary  herbs ;  dogs  when  indisposed  sought 
the  triticum  repens,  and  the  same  animal  taught 
the  Egyptians  the  use  of  ptfrgatives,  constitut- 
ing the  treatment  called  syrmslsm.  The  hippo- 
potamus introduced  the  practice  of  bleeding, 
and  it  is  affirmed  that  the  employment  of  clvsten 
was  shown  by  the  ibis.  (Compare  Pseudo-^alen, 
Introd,  c  i.  p.  675.)  Sheep  with  worms  in  their 
liver  were  seen  seeking  saline  substances,  and 
cattle  affected  with  dropsy  anxiously  looked  for 
chalybeate  waters.  We  are  told  (Herod,  i.  197 ; 
Strabo,  xvi.  p.  348)  that  the  Babylonians  and 
Chaldaeans  had  no  physicians,  and  that  in  cases 
of  sickness  the  patient  was  carried  out  and 
exposed  on  the  highway,  in  order  that  any  of 
the  passers-by,  who  had  been  affected  in  a 
similar  manner,  might  give  some  information 
respecting  the  means  that  had  afforded  them 
relief.  (Comp.  Plat,  de  occulte  vivendo,  §  21.) 
Shortly  afterwards,  these  observations  of  cures 
were  suspended  in  the  temples  of  the  gods,  and 
we  find  that  in  Egypt  the  walls  of  their  sanc- 
tuaries were  covened  with  records  of  this  de- 
scription. The  priests  of  Greece  adopted  the 
same  practice,  and  some  of  the  curious  tablets 
suspended  in  their  temples  will  illustrate  the 


MEDIGINA 

custom.  The  following  votive  memorials  are 
given  by  Hieron.  Mercurialis  (de  Arte  Oymnatt, 
Amstel.  4to.  1672,  pp.  2,  3)  :— "  Some  days  back 
a  certain  Cains,  who  was  blind,  was  ordered  by 
an  oracle  that  he  should  repair  to  the  sacred 
altar  and  kneel  in  prayer,  then  cross  from  right 
to  left,  place  his  five  fingera  on  the  altar,  then 
raise  his  hand  and  cover  Us  eyes.  [He  obeyed,] 
and  his  sight  was  restored  in  the  pretence  of  the 
multitude,  who  congratulated  each  other  that 
such  signs  [of  the  omnipotence  of  the  gods]  were 
shown  in  the  reign  of  our  emperor  Antoninus.** 
"A  blind  soldier  named  Valerias  Aper  vss 
ordered  by  the  oracle  to  mix  the  blood  of  a 
white  cock  with  honey,  to  make  up  an  ointment 
to  be  applied  to  his  eyes,  for  three  consecatire 
days:  he  received  his  sight,  and  came  and 
returned  public  thanks  to  the  god."  *' Julian 
appeared  lost  beyond  all  hope  from  a  spitting  of 
blood.  The  god  ordered  him  to  take  from  the 
altar  some  seeds  of  the  pine,  and  to  mix  them 
with  honey,  of  which  mixture  he  was  to  eat  for 
three  days.  He  was  saved,  and  gave  thanks  in 
presence  of  the  people." 

With  regard  to  the  medical  literature  of  the 
ancients :   ^  When  "  (says  Littr^  (Euores  am- 
pins ^Hippocratej  tome  i.  Introd.  p.  3)  **  we 
search   into  the  history  of  medicine  and  the 
commencement  of  science,  the  fint  body  of  doc- 
trine that  we  meet  with  is  the  collection  of 
writings  known  under  the  name  of  the  works  o( 
Hippocrates.      Science  mounts  up  directly  to 
that  origin,  and  there  stops.    Not  that  it  had 
not  been  cultivated  earlier,  and  had  not  giren 
rise  to  even  numerous  productions ;  but  ererr- 
thing  that  had  been  made  before  the  physicisn 
of  Cos  has  perished.    We  have  only  scattered 
and  unconnected  fragments  remaining  of  them : 
the  works  of  Hippocrates  have  alone  escaped 
destruction;   and   by  a  singular  circumstance 
there  exists  a  great  gap  after  them,  as  well  u 
before  them.    The  medical  works  from  Hippo- 
crates to  the  establishment  of  the  school  of 
Alexandria,  and  those  of  that  school  itself^  are 
completely   lost,  except  some    quotations  sod 
passages  preserved  in  the  later  writers ;  so  thst 
the  writings  of   Hippocrates    remain  isoUt<<l 
amongst  the  ruins  of  ancient  medical  literature.' 
The  Asclepiadae,  to  which  family  Hippocratei 
belonged,  were    the    supposed  descendants  ot 
Aesculapius  (*A9jcX^ios),  and  were  in  a  manner 
the  hereditary  physicians  of  Greece.    They  pro- 
fessed to  have  among  them  certain  secrets  of  the 
medical  art,  which  had  been  handed  down  to 
them  from  their  great  progenitor,  and  foaodea 
several  medical  schools  in  different  parts  of  the 
world.    Galen  mentions  {de  Meth.  Med.  L  1* 
vol.  X.  pp.  5,  6)  three,  via.  Rhodes,  Cnidos,  and 
Cos.     The  first  of  these  appears  soon  to  hsj^ 
become  extinct,  and  has  iett  no  traces  of  its 
existence  behind.     From  the  second  proceeded 
a  collection  of  observations  called  KWSiot  Trmftatf 
"Cnidian  Sentences,"  a  work  of  much  reputation 
in  early  times,  which  is  mentioned  by  Hipp|^ 
crates  (de  Rat.    Vkt,  in  Morb.  Aad,  rol  "• 
p.  25),  and  which  appean  to  have  existed  in  the 
time  of  Galen  (Comment,  in  Nippocr.  lib.  cit. 
vol.  XV.  p.  427).     The  school  of  Cos,  howerer.  i« 
by  far  the  most  celebrated,  on  account  of  the 
greater   number    of   eminent    physicians  that 
sprang  from   it,  among  whom  was  the  gn«* 
Hippocrates.      We  learn  from  Herodotns  (n^ 


MEDICV8 

131)  tliat  Uwn  were  alio  two  ctlebntvd  iii*dic*l 
^frjU  It  CratoD*  in  Ittgm  Orscds,  and  »t 
(>Tti:»  JD  Afric»,  of  wblch  b»  njt  that  tbe 
ItitBtr  »u  io  bii  lime  more  erteemed  in  Greece 
lbs  lor  otber,  hmI  in  the  next  pltce  came  tbat 
el  CinDi.  Id  lubwquenC  timee  the  medical 
(nifa-iiin  wu  diTiJeil  into  dilfcrent  Kcti ;  but 
1  drl.iiled  accooDt  of  tbeir  opinions  wonld  ba 
«I  cl  place  in  the  prewnt  work.  Tba  oldait 
ud  prr^pa  the  meet  inflaential  of  theie  wets 
r*i  ItiBt  of  tbe  Doymalia,  fonnded  nbimt  B.C. 
4*0  l-r  TbeHslui,  the  ion,  and  Polybm,  the  ion- 
ai4i>  of  Hippoerataa,  ud  thence  cilled  aljo 
l^  Hippoiratid.  Tbew  retained  their  infiuence 
liil  the  !»  of  the  Enpirici,  founded  by  Serapion 
a  Aleondria  and  Pbilinni  of  Cox,  in  the  third 
ftnlDTT  B-Cf  and  ao  called  because  thej  profeMed 
tn  dtrirc  their  knowledge  from  txperieace  oniv- 
ifler  Ibii  tima  ererj  member  of  the  medical 
pnrNioB  during  a  loog  period  ranged  hinuelf 
uorltroBe  of  thtMtwoMCtt.  In  the  fint  centOTf 
KIL,  TbemiMin  founded  the  MCt  of  the  Uttliodici, 
■bu  btld  doctiinea  nearly  intermediate  between 
i^KH  of  the  two  lecti  slreadf  mentioned  j  and 
»ho,  aboot  two  centnriei  later,  were  enbdivided 
lEto  Daaennia  aecta,  a>  the  doctrinea  of  particu- 
lar pb;ueiana  bacame  more  generalJf  receired. 
Tit  Aid  of  theae  aecta  were  the  Pneamaiici  and 
lie  IJJftiia  ;  the  farmer  founded  bv  Athenaena 
1^1  Ihe  middle  or  end  of  the  ^rat  cecturj 
A.tu;  Ihe  latter  abonl  the  ume  time,  either  bj 
.([ithintu  of  Sparta  or  hii  pnpil  Archigenei. 
/'  It  oolr  remaina  to  mention  tbe  principal 
DKiical  anthora  after  Uippocratea  whose  worka 
ut  Mill  eitant,  referring  for  more  particalara 
ritpFdiBg  their  writingi  to  the  articlea  in  the 
^^■clKiMiry  of  Butgraphy,  Cellna  ia  aappoaed  to 
hiit  lira)  in  the  Aognatan  ane,  and  deaerrea  to 
>r  nBliooed  more  for  the  elegance  of  hit  etyle, 
•id  Iht  Bfatneaa  and  jndidouaneae  of  hia  com- 
[ililioB,  than  for  anj  original  contributiDna  to 
T»  KifBce  of  Vedicine.  Dioacotidee  of  Aaa- 
urba,  who  liTed  in  the  Grtt  centarj  after  Christ, 
>u  for  manT  crnturira  the  greiteat  aothoritr 
13  Ulteria  Hedica,  and  wiu  almoat  a>  mucli 
nlncBed  aa  Galen  in  MeJieine  and  Phyiiologj, 
«  Ariitotle  in  Philoaophy.  Aretaeoa,  who 
[nbablf  lind  in  the  time  of  Nero,ia  anintereiC- 
ui[  ud  striking  writer,  both  from  the  elegance 
cJ  hit  Ungnage  and  the  originality  of  hia 
"fmm.  Caelina  Anrelianoa,  whoae  matter  it 
Mtdltat,  hnt  the  atjle  quite  barbamua.  The 
wrt  la  chronologifal  onier,  and  perhapt  the 
DWt  laloable.  aa  he  ii  certainly  by  far  the  moat 
iglgmiumi,  of  all  the  medical  writera  of  an- 
liqntr,  ii  Galen,  who  reigned  lupreme  in  all 
"latttri  relating  to  medio)  science  from  the 
imrd  ralvTj  till  the  commencement  of  modem 
Inn.  After  him  the  only  wrilara  deserring 
puuoilar  notice  are  Orihaains  of  Pergamni, 
^litMisB  to  the  tlmperor  Julian  in  the  fourth 
aaigiy;  utina  of  Amid*,  «ho  lired  probably 
'>  iW  tilth  century;  Alexander  Traltia- 
^  who  llTed  iomethkg  later ;  and  [ 
H'Mta,  who  belong*  to  the  end  o 
"'hUIl  [W.  a 

HKDICUB  lUrpii),  the  name  g^ven  1 
"wall  to  arery  profeawir  of  the  healini, 
■y-W  pbyaidan  or  inrgeon,  and  accordingly 
™  iinaiona  of  the  medical   profeni 
"<*  h  iadaded  under  that  term.     Ic 
"i  Alia  Minor  phpiciana  aeem  to  hare  been 


UEDICUS 


1S3 


held  in  high  eateem ;  far  more  >o  than  at  Roma. 
This  was  at  least  to  some  eitent  doe  t«  the 
religiona  sense,  urrpid)  and  /larruc^  being  re- 
garded as  akin  (Gnttath.  ad  It.  i.  63),  and  to 
the  apotbeoiia  of  Aeaculapius,  of  whom  phy- 
sicians apeak  aa  6  fiiiirtpoi  -rpiyvnt  (Plat 
ai/mp.  p.  186  A).  When  we  meet  such  aipret- 
ilona  aa  that  In  Athen.  it.  p.  666  b,  tf  ni, 
Jarpot  faof  eitir  tui  ir  rir  •jfa^i)iwraciT  iimpi- 
Ttpot,  the  alloaion  la  to  the  pedantry  of  phy- 
aicians  after  the  type  ridiculed  by  Molitre,  and 
does  not  ahow  a  general  deprecintion  of  their 
claaa.  Aelian  mentiona  one  of  the  laws  of 
ZaIeucDS  among  the  Epizepfayrian  Loerians,  by 
which  it  was  ordered  that  if  any  one  during  hb 
lllnesi  ihoald  drink  wine  contrary  to  tbe  orders 
of  hia  physician,  cTtn  if  he  ihould  recoTer,  he 
ihonld  be  pat  to  death  for  his  disobedience 
(Far.  Hill.  ii.  37);  and,  according  to  Mead, 
there  are  eitant  aereral  medals  itruek  by  the 
people  of  Smyrna  ia  honour  of  different  persons 
belonging  to  the  medical  profeaaion  {Dimrt. 
dt  SuBimii  guAatdam  a  Smyrnatii  m  Htdiaor. 
Honor,  jieramii,  4ta.  Lond.  1721).  According 
to  the  Decree  of  the  AtheDiana  and  the  Life  of 
Hippocratea  by  Sorantie  (Hippocr.  Opera,  ml. 
lii.  pp.  S29,  Sb3,  ed.  Kiihn),  the  same  honours 
were  conferred  upon  that  physician  as  had 
before  been  giren  to  Hercules;  he  was  voted  a 
golden  crown,  publicly  initiated  into  the  Eieii- 
myiterics,  and  maintained  in  the  Pryta- 
ipenae.  Both  theie  pieces, 
legendary  than  historical. 
(Compan  Plin.  H.  N.  rii.  $  1S3.)  The  phy- 
sician made  ap  bis  medicines  himself,  and  either 
sat  in  hi*  tarpiier,  which  wai  both  a  eonanlting- 
room  and  a  diapeikaary  (called  also  jpywr^pio*, 
Aescbin.  iit  limareh.  §  124),  or  went  a  round  or 
Tisita  (Plat.  Lagg.  It.  720  C.  For  theaa  lorpew 
cf.  Poll.  I.  46;  Plat.  Li^.  i.  p.  t)46  C).  Here 
he  hjid  alao  aaaiatanta  and  apprentices  or  pupils 
(Plat.  Lrg-i.  ir.  I.  c. ;  Aeacbin.  in  nnardi.  %  40). 
In  the  former  paaaage  the  aasiatant  docton  are 
slarea,  on  which  point  cf.  Diog.  I^ert.  ri.  SO. 
No  doubt  slaTes  only  aa  a  rule  were  attended 
by  slave  doctors,  and  free  men  by  free,  but  it  is 
noticeable  that  Plato,  when  be  saye  this,  qualiHea 
by  it  M  ri  rXtinor.  When  Hyginns,  Fab.~ 
" •         ■   '-.hen  ■     ■ 


neum  at  the  state's  i 


274,  says  that  there  w 


Though  hospitals 
wnten  (Cell,  de  Utdic.  i.  praef.  tub  fin. ;  Colom. 
de  Re  Biat.  li.  1,  IS  ;  Sen.  Epia.  27,  §  I)  after 
the  time  of  Augnstna  [see  Vai.KnniiB4BIA^ 
they  are  never,  with  one  single  exception  in 


154 


HEDICUS 


MEDIGUS 


performed  at  all,  was  discharged  by  the  temples  of 
Aetcnlapius,  and  accordingly  the  chief  places  of 
study  for  medical  pupils  were  the  'AffKKrrritTa, 
or  temples  of  Aesculapius,  where  the  Totire 
tablets  furnished  them  with  a  collection  of 
cases.  Hence  we  find  in  ancient  works  of  art 
Aesculapius  represented  as  yisiting  the  sick. 
The  Asclepiadae  [Medicina]  were  yery  strict 
in  examining  into  and  overlooking  the  cha- 
racter and  conduct  of  their  pupils,  and  the 
famous  Hippocratic  oath  (which,  if  not  drawn 
up  by  Hippocrates  himself,  is  certainly  rery 
ancient)  requires  to  be  inserted  here  as  being 
the  most  curious  medical  monument  of  antiquity. 
**  I  sweiir  by  Apollo  the  physician,  and  Aescu- 
lapius, and  Hygeia  {ffealth)^  and  Panaceia  (^/Z- 
heaiy,  and  all  the  gods  and  goddesses,  calling 
them  to  witness  that  I  wiU  fulfil,  according  to 
the  best  of  my  power  and  judgment,  this  oath 
and  written  bond : — to  honour  as  my  parents 
the  master  who  has  taught  me  this  art,  and  to 
share  my  substance  with  him,  and  to  minister 
to  all  his  necessities;  to  consider  his  children  as 
my  own  brothers,  and  to  teach  them  this  art 
should  they  desire  to  follow  it,  without  remune- 
ration or  written  bond ;  to  admit  to  my  lessons, 
my  discourses,  and  all  my  other  teaching,  my 
own  sons,  and  those  of  my  tutor,  and  those  who 
have  been  inscribed  as  pupils  and  have  taken 
the  medical  oath ;  but  no  one  else.  I  will 
prescribe  such  regimen  as  may  be  for  the  benefit 
of  my  patients,  according  to  the  best  of  my 
power  and  judgment,  and  preserve  them  from 
anything  hurtful  and  mischievous.  I  will  never, 
if  asked,  administer  poison,  nor  be  the  author  of 
such  advicp ;  neither  will  I  give  to  a  woman  a 
pessary  to  produce  abortion.  I  will  maintain 
the  purity  and  integrity  both  of  my  conduct 
and  of  my  art.  I  will  not  cut  any  one  for 
the  stone,  but  will  leave  the  operation  to  those 
who  cultivate  it.  Into  whatever  dwellings  1 
may  go,  I  will  enter  them  for  the  benefit  of  the 
sick,  abstaining  from  all  mischief  and  corruption, 
especially  from  any  immodest  action,  towards 
women  or  meii,  freemen  or  slaves.  If  during 
my  attendance,  or  even  uuprofessionally  in 
common  life,  I  happen  to  see  or  hear  of  any- 
thing which  should  not  be  revealed,  I  will  con- 
sider it  a  secret  not  to  be  divulged.  May  I,  if 
I  observe  this  oath,  and  do  not  break  it,  enjoy 
good  success  in  life,  and  in  [the  practice  of]  my 
art,  and  be  esteemed  for  ever ;  should  I  trans- 
gress and  become  s  perjurer,  may  the  reverse  be 
my  lot." 

Some  idea  of  the  income  of  a  physician  in 
those  times  may  be  formed  from  the  £sct  men- 
tioned by  Herodotus  (iii.  131)  that  the  Acgine- 
tans  (about  the  year  B.C.  532)  paid  Democedes 
from  the  public  treasury  one  talent  per  annum 
for  his  services,  i.e.  (if  we  reckon  the  Aeginetan 
drachma  to  be  worth  Is.)  not  quite  304/. ;  he 
afterwards  received  from  the  Athenians  one 
hundred  minae,  i.e.  (reckoning  the  Attic  drachma 
to  be  worth  9|^.)  rather  more  than  406/.,  and 
he  was  finally  attracted  to  Samoa  by  being 
offered  by  Polycrates  a  salary  of  two  talents,  i.«. 
(if  the  Attic  standard  be  meant)  about  422/. 
Valckenaer  doubts  the  accuracy  of  this  state- 
ment of  Herodotus  with  respect  to  the  Aeginetans 
ftnd  Athenians,  but  we  have  no  right  to  reject 
it,  and  it  is  accepted  as  true  by  Bc«ckb  {Staatt- 
konuh.  i*  153).    A  physician,  called  by  Pliny  both 


Erasistratus  (J9r.  N.  xziz.  §  5)  and  Cleombrotos 
{H.  N,  vii.  §  123),  is  said  by  him  to  ha\'e  re- 
ceived one  hundred  talents,  i.e.  considerab)^ 
over  20,000/.,  for  curing  king  Antiochas. 

State  physicians  were  employed  in  Greece 
(from  Democedes  downwards).  They  were 
selected  on  the  ground  of  knowledge  evidenced 
in  their  private  practice  (Xen.  Mem,  ir.  2,  5  \ 
Plat.  Oorg,  455  B,  514  D).  In  Plat.  Polit. 
p.  259  A  we  see  them  distinguished  from  those 
who  practised  privately:  their  practice  and 
official  status  are  described  by  the  word  htfUf 
(Tic^ciy  specially  applied  to  them,  and  in  their 
public  capacity  they  received  salary  but  took 
no  fees  (Aristoph.  Av.  587  ;  Achtum.  994) ;  their 
expenses,  however,  were  paid  besides  their 
salary,  and  they  received  public  honours  for 
distinguished  service  ((7.  /.  A.  ii.  256,  p.  424). 
It  appears  from  Diod.  xii.  13  that  they  attended 
gratis  any  one  who  applied  to  them,  and  it  is  at 
least  probable  that  they  were  bound  to  gire 
their  services  on  military  expeditions.  From 
Aristoph.  Flut  407  it  appears  that  io  thst 
period  of  depression  at  Athens  the  office  was  dis- 
continued from  motives  of  economy.  [W.  A.  G.] 

As  regards  the  rise  and  progress  of  the 
medical  profession  at  Rome,  we  mnst  distingaish 
between  the  slaves  skilled  in  medicine,  who 
were  kept  in  the  larger  households,  and  the 
physician  in  general  practice.  The  former,  no 
doubt,  came  earlier  in  date,  and  those  who 
could  afford  skilled  slaves  for  medical  treatment 
already  employed  them,  when  for  the  inasso 
there  was  no  practising  physician:  but  in  the 
jet  earlier  times  for  all  alike,  and  fur  the 
general  public  to  a  comparatively  late  period, 
the  treatment  of 'sickness  was  by.  traditional 
family  recipes,  partly  founded  on  experience, 
partly  on  superstition,  the  Romans  being  for  the 
most  part,  as  late  as  the  600th  year  of  the  city 
(according  to  Pliny,  J£,  N.  xix.  §  11),  "sine 
medicis  nee  tamen  sine  medicina."  A  little 
earlier  however  than  this  (B.G.  219),  says  Plioy 
on  the  authority  of  Cassius  Hemina,  the  first 
professed  physician,  the  Greek  Archsgathoi, 
came  to  Kome.  He  was  made  a  citizen  and 
started  in  a  shop  at  the  public  expense  (Plin. 
xxix.  §  12):  but  his  treatment  was  unpopular 
from  its  heroic  method,  *^a  saevitia  secsndi 
urendique."  There  was  much  opposition,  for 
the  Romans  regarded  with  suspicion  the  skill  of 
the  foreigners,  and  shunned  the  calliog  them- 
selves as  a  degradation.  Cato,  who  still  held  to 
the  old  custom,  and  used  a  family  manual  of 
medicine  {ammimtarhtm),  **  quo  mederetcr  filw, 
servis  et  fiuniliaribus,"  strongly  opposed  the 
whole  class  of  medici,  against  whom  he  warns : 
his  son,  as  banded  together  to  kill  Romaa 
citizens.  In  Plautus  {Menaechnu  v.  1)  we  hsrc 
perhaps  evidence  of  the  same  mistrust  and  con- 
tempt ;  but  it  is  never  possible  to  assume  that 
the  customs  and  sentiments  described  in  FUutai  i 
are  Roman  rather  than  Greek.  ''^ 


°1j 


Gradually  however,  after  the  time  of  Arch; 
gathus,  the  number  of  foreign  physicians  in 
Rome  increased,  alike  those  in  private  hooscii 
who  were  either  slaves  (cf.  Suet.  AVr.  2)  or 
freedmen,  and  those  who  had  general  practice. 
As  a  household  physician  of  this  kind  we  losy 
instance  Strato  from  the  Quentma  of  Cicero  (63| 
176).  We  have  the  price  of  a  slave  phjsiciaa 
fixed  at  60  fo/iili  (Just.  Cod,  vii.  7, 1,  5).    The 


MEDIGU8 


MEGALE8IA 


155 


prutinn^  phyttciftOB  at  Rome  w«re  nearly  all 
of  tlic  fnedman  class  (see  the  ioscriptions  cited 
by  Msrqnaidt,  PrivaMen^  p.  772).  They  bad 
booUtt  {tdbcmae)f  where  they  practised  with 
slsTH  or  freadmen  aa  their  asslstanta  and  pupils, 
vhom  they  took  about  with  them  in  their  visits 
{MuU  T.  9).  Few  Romans  took  up  the  pro- 
ksuaa  (though  we  hear  of  Vettias  Valens,  a 
Bu  of  equestrian  rank  in  the  reign  of  Claudius) ; 
•ad  Julius  Caesar,  arowedly  to  encourage  their 
Rsidenoe,  gare  the  citizenship  to  foreign  phy- 
Mui»  (Suet.  Jul,  42),  with  the  result  which 
ke  desired. 

AffioDg  j^yricians  who  seem  to  have  risen  to 
(prater  repute  we  have  Asdepiades  of  Prusa 
(Cic  deOr.i.  14, 62 ;  cf.  Plin.  H.  N.  vii.  §  124) ; 
Jbc)apo  of  Patrae,  whom  Cicero  treated  as  a 
fricod  (Qc  ad  Fam.  ziiL  20) ;  Alexio,  for  whom 
he  seems  to  have  had  even  greater  regard  (ad 
Att.  XV.  1);  Antonius  Musa,  the  freedman  and 
tnsted  physician  of  Augustus  (Suet.  Aug.  59 ; 
rf.  Hor.  Ep,  i.  15,  3) ;  M.  Artorius  (Veil.  Pat. 
iL  70,  1 ;  Pint.  Brut.  41) ;  A.  .Cornelius  Celsus, 
wbo  wrote  a  medical  treatise  under  Tiberius; 
Eodemus  CTac  Arm.  iv.  3),  &c. 

The  professional  gains  of  physicians  under  the 

Empire  seem  often  to  have  been  large :  we  are 

toU  of  dtertinios  by  private  practice  making 

Dore   than   5,000/.   a  year,   and  the  surgeon 

Aleon  amassing  a  fortune  of  nearly  100,000/.  by 

s  few  years'  practioe  in  Gaul  (Plin.  H.  N.  xxix. 

$§7,22;  cf.  Mart.  xi.  84).     Regular  medical 

posU  were  instituted  with  large  appointments : 

ss  ooQTt  physicians  with  salaries  varying  from 

250.000  to  500,000  H.S.  (Plin.  /.  o.) ;  as  doctors 

fcr  the  army,  for  gladiatorial  schools  (C  /.  X. 

Tl  10171),  aod  for  the  poorer  public  [Abchi- 

xteb},     Apart  from  these  state  appointments 

tbe  practioe  waa  entirely  free  from  control  or 

tniaiDg :  as  a  rule  probably  the  training  was 

^sed  by  the    sort  of  apprenticeship  to  some 

nelicus  described  above,  but  anyone   was  at 

liberty  to  practise,  and,  in  the  words  of  Pliny, 

"^xperimcnta  per  mortes  facere";    ignorance 

VM  not,  as  in  our  country,  penal,  aud  hence 

''medico  hominem  occidtsse  summa  impunitas  '* 

(Plin.  XXIX.  §  18> 

Besides  the  archiatri  at  Rome  itself  (one 
f*  each  region),  there  were  by  order  of  An- 
t^iiDos  Pius  in  each  city  of  Asia  Minor  state 
pOTticians  (paid  by  the  state,  with  immunity 
from  taxes),  in  numbers  varying  from  five  to 
t«a  according  to  the  size  of  the  town  (Dig. 
-''>  1*  6,  S  2;  59,  9,  1;  see  Friedl'ander,  ui. 
^*  ^^  We  can  trace  specialist  physicians  also, 
>Qeb  u  the  oculist  {ocularitu  or  ab  ocults),  the 
taiist  {aunnu$y  (Orelli,  4228, 2983 ;  C.  I.  L. 
^  6192;  8908.)  The  profession  of  dentist  is 
ia>}ilied  st  a  very  early  date  by  the  remarkable 
^itrKt  from  the  XII.  Tables  in  Cic.  de  Leg.  ii. 
^^»  60,  relating  to  teeth  stopped  with  gold. 
(See  farther  Mart.  s«  56.)  We  may  also  notice 
^  female  doctors  (medical)  for  attendance  on 
*«BCB,  apparently  distinct  from  midwives  (ob- 
it trion),  ue  found  in  many  inscriptions  (see 
Mwqmrdt,  op.  at.  779). 

A>  rcgsrds  army  doctors  among  the  Greeks, 
^  fiad  them  in  the  heroic  age  when  the  Uftfihs 
*^  ia  voAAvr  irrd^ios  &AAi#r.  It  would 
'F^  from  Homer,  II,  xvL  28,  that  there  were 
*Ter^;  perhaps,  as  some  suggest,  each  con- 
gest bad  an  hfrp^*    Ia  hiatoriod  times  we 


may  learn  something  of  their  presence  from 
Xenophon,  Anah.  iii.  4, 30  ;  Cyrop,  i.  6, 16,  iii.  2, 
12,  V.  4,  17.  Perhaps,  as  Dr.  Hager  suggests 
{Joum,  of  Philology,  vol.  viii.  No.  15),  the  hrnx6- 
(not,  len-pol  had  to  accompany  the  army,  as  was 
the  case  in  Egyptian  armies  (Diod.  i.  82).  [For 
Roman  army  doctors,  see  ExERcrruB,  Vol.  I. 
p.  802  6;  for  quack  doctors,  Pharmaoopola  ; 
for  hospitals,  VALfifUDiNABiA ;  for  surgeons, 
Chirubgia  ;  and  see  also  the  articles  Archiateb, 
IatiG^phista.] 

(For  this  article  and  the  preceding,  reference 
may  be  made,  besides  the  ancient  Authorities,  to 
Becker-GOll,  Chankles,  iii.  48  ff. ;  Oallus,  ii.  139 
ff. ;  Marquardt,  Privatlebeny  772  ff. ;  Mahaffy, 
Social  Life  in  Qreece,  2^0 ;  Daremberg,  Hist  de 
la  M^decine^  ch.  i. ;  Vercoutre,  La  Medecine 
dans  fantiq.,  Sevue  Arch^,,  1880 ;  Friedliinder, 
Sittengeschickte,  i.>  298  ff.)  [0.  E.  M.] 

MEDIMNUS  Qi49ifiyos  or  /U^t/iyos  ffirrip6s)y 
the  principal  dry  measure  of  the  Greeks.  It 
was  used  especially  for  measuring  coin.  It 
contained  6  hides,  12  hemiecta,  4Q  choenices,  96 
xestae  (sex/an't),  192  co^y/ae,  and' 1152  cyathi. 
The  Attic  medimnus  was  equal  to  six  Roman 
modii,  or  two  amphorae  (Nepos,  Att.  2 ;  Cic.  in 
Verr.  iii.  42,  110;  49,  116)=52-53  litres,  and 
therefore  the  Attic  medimnus  contained  nearly 
12  imperial  gallons  (11*556  gallons)  or  If 
bushel.  The  Aeginetan  and  Ptolemaic  were 
about  half  as  much  again,  or  in  the  ratio  of  3 : 2 
to  the  Attic;  the  Aeginetan  being  =  72*7 
litres,  the  Ptolemaic  =78-8  (Hultsch,  p.  505). 
The  Sicilian  was  equal  to  the  Attic.  For  the 
values  of  the  subdivisions  of  the  medimnus,  see 
the  Tables.  (Hultech,  Metrologie,  pp.  104,  503  ; 
Mensura.)  The  symbol  in  Greek  MSS.  for 
medimnus  was  M*.  (Hultsch,  Metrol.  Script.  L 
170).  [P.  S.]     [G.  E.  M.] 

MEDITRINAXIA,  a  festival  on  October 
11th  in  honour  of  Meditrina,  the  old  Roman 
goddess  of  healing  (cp.  Varro,  X.  L.  vi.  21 ; 
Fest.  s.  v.).  On  this  day,  when  the  new  wine 
{mustwn)  was  tasted,  it  was  the  custom  to  pour 
a  libation  with  the  prayer  that  the  wine  might 
have  health-giving  powers,  "  novum  vetus  vinum 
bibo,  novo  veteri  vino  morbo  medeor."  Accord- 
ing to  the  Calendar  of  Amitemum  it  was  "  feriae 
Jovi,"  and  perhaps  a  libation  was  poured  to  him 
as  the  god  of  the  prosperity  (solus)  of  the  state, 
as  well  as  to  Meditrina,  with  whose  healing 
power  the  festival  was  identified.  We  may 
compare  the  prayer  used  at  the  TiBoiyittf. 
**it$Ka$ri  iral  trurfipiov  rov  ^apjudKov  XP^^^ 
y9¥4<r$at ;"  and  also  the  primitiae  pomorum,  Plin. 
IL  N.  xxviii.  §  23.  (Preller,  Rom.  Myth. 
pp.  175,  594;  Marquardt,  Staatsx>erw.  iiL 
584.)  [L.S.1    [G.  E.M.] 

MEGALE'SIA,  MEGALENSIA,  or  ME- 
GALEN SES  LUDI.  It  is  important  to  mark 
the  distinction  between  the  celebration  of  this 
festival  under  the  Kepublic,  and  its  later  de- 
velopment under  the  Empire.  We  find  it  early 
in  the  2nd  century  B.C.  celebrated  at  Rome  in 
the  month  of  April  and  in  honour  of  the  great 
mother  of  the  gods  (Cybele,  /iiC7dXi7  BUi,  whence 
the  festival  derived  its  name ;  Cic.  de  Harusp. 
Mesp.  12,  24).  The  sacred  stone  representing 
the  goddess  was  brought  to  Rome  from  Pessinua 
in  the  year  204  B.C.,  and  the  day  of  its  arrival 
was  solemnised  with  a  magnificent  procession, 
lectistemia,  and  games,  and  great  numbers  of 


156 


MEGALESIA 


people  carried  presents  to  the  goddess,  whose 
temporary  resting-place  was  the  temple  of 
Victory  on  the  Pidatine.  (Varro,  L^  L,  vi.  15 ; 
LiY.  xxix.  14.)  The  celebration  of  the  Mega- 
ksia,  however,  did  not  begin  till  ten  years  later 
(ld4B.C.),and  the  temple  which  had  been  vowed 
and  ordered  to  be  built  in  204  &c.  was  com- 
pleted and  dedicated  by  M.  Junius  Brutus  (Liv. 
xxxvi.  36)  on  April  10,  B.C.  191,  after  which 
time  the  celebration  was  annual.  The  temple 
{Matris  Magnae  Idaeae)  was  on  the  Palatine,  a 
position  within  the  pomoerium,  which,  as  Mar- 
quardt  points  out,  shows  that  she  was  not  re- 
garded as  a  foreign  deity :  she  came  from  Ida, 
the  home  of  their  race.  The  rites  were  origin- 
ally under  the  charge  of  a  Phrygian  priest  and 
priestess  (Dionys.  ii.  19) ;  but  the  numbers  were 
afterwards  greatly  increased,  and  we  find  an 
archigaUus  at  their  head,  as  chief  priest,  and  a 
iooeriios  maxima  matris^  as  chief  priestess,  men- 
^  tioned  hi  numerous  ioscriptions.  (See  Marquardt, ' 
Staatsveno.  iii.  368,  note  6.)  These  archigalli 
bear  Roman  names ;  but  the  ordinary  galli  were 
foreigners.  The  priestly  dress  is  a  mitra  (Pro- 
pert.  V.  7,  61),  a  veil,  a  necklace  (occa6tis),  and 
a  purple  dress :  a  small  image  of  the  goddess 
or  of  Attis  in  an  aedunUa  was  suspended  at  his 
breast :  in  his  hand  he  bore  a  basket  of  fruit, 
cymbab,  and  flutes.  The  festival  lasted  for  six 
days,  beginning  on  the  4th  of  April  (reading' 
Prid.  Non.  in  Liv.  xiix.  14,  according  to  the 
Cal.  Praen.).  The  season  of  this  festival,  like 
that  of  the  whole  month  in  which  it  took  place, 
was  full  of  general  rejoicings  and  feasting.  It 
was  customary  for  the  Patricians  on  this  occa- 
sion to  invite  one  another  to  their  repasts 
(mutitare),  and  the  extravagance  was  such,  that 
a  senatusconsultum  was  issued  in  161  B.C.,  pre- 
scribing that  no  one  should  go  beyond  a  certain 
extent  of  expenditure.  (Gellius,  ii.  24;  com- 
pare xviii.  2.) 

The  games  which  were  held  at  the  Megalesia 
were  scenic,  but  there  is  some  indication  that 
they  were  also  circenaes  (Mommsen,  C,  I.  L.  i.  391). 
They  were  at  first  held  on  the  Palatine  in  front 
of  the  temple  of  the  goddess,  but  afterwards  also 
in  the  theatres.  (Cic.  de  Haruap,  Reap.  11,  &c.) 
The  day  which  was  especially  set  apart  for  the 
performance  of  scenic  plays  was  the  third  of  the 
festival.  (Ovid.  Fa$t,  iv.  377;  Ael.  Spartian. 
Anionin,  Carac.  c.  6.)  We  know  that  four  of 
the  extant  plays  of  Terence  were  performed  at 
the  Megalesia.  Cicero  (de  Hanup.  Resp*  12, 24), 
probably  contrasting  the  games  of  the  Megalesia 
with  the  more  rude  and  barbarous  games  and 
exhibitions  of  the  circus,  calls  them  maxime 
castif  solemndSf  religiwi:  they  were  under  the 
superintendence  of  the  curule  aediles  (Liv.  xxxiv. 
54),  till  in  B.C.  22  Augustus  took  the  cura 
ludorum  from  the  aediles  and  gave  it  to  the 
praetor.  The  procession  of  galli,  which  began 
the  festival  (Ovid.  Fast,  iv.  179  ff.),  bore  the 
sacred  image  in  a  chariot  through  the  city. 
The  priests  sang  Greek  hymns  and  collected 
coins  from  the  people  as  they  went  (Cic.  de  Leg, 
ii.  16,  40):  the  passage  in  Lucret.  ii.  618  ff. 
describes  the  procession. 

Under  the  Empire  there  was  a  great  increase 
in  the  ceremonial,  which  took  a  new  character, 
more  Eastern,  and  more  elaborately  symbolical. 
In  its  first  observance  it  was  a  thanksgiving  for 
the  aid  granted  in  the  Second  Punic  War,  and  a 


MEGALESIA 

time  of  feasting  and  theatrical  shows  for  the 
patrician  houses.     In  its  later  form  Cybele  re- 
presents the  earth  and   fruitful  ness,  and  it  is 
recollected  that  the  year  of  her  entry  was  marked 
by  great  plenty  (Plin.  N,  H.  xviii.  §  16).    Attii 
represents  the  sun,  and  in  this  sun-myth  it  is 
observed  by  Macrobius  (L  21,  7)  that  the  day  of 
rejoicing  {Hilarid)  is  that  day  when  the  sun 
begins  to  make  the  day  longer  than  the  night. 
The  tendency  to  adopt  the  full  Phrygian  rites 
instead  of  the  simpler  rites  first  introduMd  may 
perhaps  be  beginning  when  Lucretius  (/.  c.)  and 
Catullus  take  up  the  subject,  and  it  appears  from 
inscriptions    that    the    Phrygian   rites  existed 
earlier  in  South  Italy  (see  Preller,  Mom.  Myth, 
p.   736) :    but  they  were  not  fully  celebrated 
under  the  Republic,  and  perhaps  not  before  the 
time  of  Claudius.     Preller  notes  that  the  first 
mention  of  the  March  ceremonies  is  in  Lucso,  i. 
599  (cf.  Suet.  Oth.  8).    The  festival  so  developed 
began  on   March  15,  which  day  stands  in  the 
Calendar  as  canna  nUraty  because  there  was  tbeo 
a  pro<»Kiion  of  men  and  women  bearing  reeds, 
which  were  sacred   to  Attis.     There  is  some 
allusion  to  Attis  hiding  himself  among  reed^, 
and  being  there  discovered  by  Cybele.    There 
were   colleges  of  Cunnophori  or    Cannofori  in 
several  places,  the   heads  of  whjch  are  called 
pater  and  mater.    Inscriptions  about  them  hsre 
been  found  at  Locri,  Ostia,  Milan,  &c.  (C.  /.  L. 
X.  24;    V.  5850).     They  have  aonletimes  been 
confused  with  Kotni^pot.    On    March  22  vss 
the  day  of  Arbor  intrat,  when  the  sacred  pine 
of  Attis  (Ovid.  Met.  x.  103)  was  borne  to  the 
temple  of  Cybele  on  the   Palatine.     The  pine 
was  hung   with   wool  and  with  violet  crowns 
(Arnob.  v.  16).      For  this  service  there  wsi  s 
coUegiwn  dendrophororum  Matris  Magnae  (C  /.  l- 
vi.   641).     March    24  was  Dies  aangum'S,  on 
which,  to  commemorate  the  wounds  of  Attis,  the 
archigalltu  cut  his  arm  with  a  knife ;  it  wss  a 
fast  and  a  day  of  mourning  (Mart.  xi.  84 ;  Arnob. 
/.  0.) :    on  March  25  was  the  day  of  rejoicing 
(Biiand),  a  great  festival  (Lamprid.  Aiex,  Scr. 
37 ;  Macrob.  /.  c.) ;  and,  finally,  on  March  27 
a  procession  of  priests  bore  the  sacred  image  on 
a  chariot  down  to  the  Almo  (Mart.  iii.  47 ;  Sii. 
Ital.  viii.  365),  to  wash  it  in  the  place  where  the 
Almo  joins  the  Tiber  near  the  Ostian  road,  half  s 
mile  from  the  walls  (Bum's  Rome  and  Campagnu 
p.  329).    The  image  was  the  sacred  black  stone 
(Preller  suggests  a  meteorite),  to  which  a  femsle 
head  of  silver  was  added.    The  ceremonies  ended 
with  a  general  carnival.    The  Ludi  Megalenses 
of  the  original  Megalesia,  ludi  scenici  and  lodi 
circenses,  were  as  before  for  seven  dsys,  from 
April   4   to   April    10.     It    should    be   noted 
that  the  bathing  of  the    goddess  was  not  sn 
entirely  new  ceremony,  since  Ovid  mentions  it 
as  belonging  to  her  first  entry,  and  we  hesr  sl$o 
of  the  image  l«ing  bathed  in  the  sea  by  order  of 
the  Sibylline  books  in  the  year  B.C.  38  (DioCsss. 
xlviii.  43) ;  but  this  was  an  exceptional  case,  spd 
there  is  no  trace  of  the  annual  March  cereroonie* 
under  the  Republic.    The  ceremonies  Isstcd  till  s 
late  period  in  various  places.  Marquardt  cites  s 
passage  from  Gregory  of  Tours,  who  says  thst 
Simplicius  (in  the  5th  century)  saw  the  proces- 
sion of  the  image  at  Autun,  with  the  sttendsnts 
singing  and    playing   before  it   pro  talvatioftf 
agronen  ac  vineantm.      (See   further  on  this 
subject  Preller,   Mm.  Myth,  pp.  448  ff  »^ 


MEL1TEN8IS  TESTIS 

735  B.,  and  Muqoardt,  Staabttraialiung, 
If.  367-37*,  where  s  nun  of  anthoritie*  from 
udent  Kiitcn  aod  insciipCioDs  i(  ciTtD  in  the 
B«»i)  [L,  S.]     [G.  E.  M.l 

M£LITENSIS  VESTIS,  >  ipcciallf  fint 
ml  lurt  outirial  for  dreiMi  and  the  conring 
M  toDchet  nude  it  UklM,  a  r«lic  probmblf  of 
t^  Phocikicuai,  who  coloniKj  it.  Diodonu 
(t.  12,  3}  nji  that  the  inhahitent*  were  good 
ii  ill  indiutTitt,  ind  particnUily  in  manufic- 
laring  iSitna  Avie^i jfri  mJ  /ioAavifTYTt  814- 
rpini  (c£  Hoych.  L  D.  HeAiTara>  iaian{^Orig. 
la.  i%  21)  apeaki  of  ■  ttxtrmmt  ad  nmtiebnai 
xBi£m  maJKiemiani^  and  the  lame  material  ii 
•poleBof  w  *  loion-in  Cic.  Verr.  ii,  72,  ITfi; 
74.  183.  Thii  givea  protability  to  the  ruding 
JdUniH  is  Lncret.  iT.  1129.  [G.  E.  U,] 

HELLEIBEN  Ou^fXpi*).    [Eirbh.] 

XEHBBA'NA.    [luas,  p.  58.] 

MENBLAEIA  Ou»A<l*ia,  Hcijch.  1.1.),  a 
faiinl  cclebnited  U  Thenpnae  in  Laconia,  in 
MUiuaf  Uenclaui  and  Helen,  vho  were  beliered 
u,  bt  bminl  there.  (Fani.  iii.  1»,  9 ;  Uocr. 
Slla.  EHamt.  1 61.) 

Though,  bowcTBT,  UcncUiu  ww  auoclatMl  in 
iltii  wonbip,  and  the  fntiTal  oanneclcd  with 
Uk  plan  a*  (tat«d  aboTe  aometimM  bean  hii 
ume,  it  i*  a  .qutation  whether  the  'EA/nia  ii 
cDi  tkc  name  onder  which  the  gnat  fertlTal  of 
Thenpoa*  ihonld  be  known.  In  divine  hononn 
Helen  wa*  certainlj  the  prominent  fignre,  re- 
Eudcd  aa  a  goddeas  of  dawn ;  and,  farther,  aa 
UK  bcttowar  ef  grace  and  beauty  on  children 
(Qtrod.  Ti.  Gl).  We  have  no  detcriptioD  of  the 
trjaitU  rites  for  Henelang  ;  but  there  is  mention 
if  a  pTDoaiaion  of  Spartan  maidens  to  Therspnae 
11  keooor  of  Helen.  Thej  drore  in  the  cariiagea 
»th  wicker  tilts  called  tirraSpa  or  xiraSpa 
(Haych.tr.>    [CiHiTHBON,]    See  also  Preller, 


lEENSA  (Tfxln^aX  a  talle.  "the  aimplut 
titd  of  table  waa  one  with  thres  legs,  ronnd, 
aU<ddlI2a(P«atQa,(.v.;  Vano,  Z.  £.  r.  118: 
d.  Uor.  Sat.  i.  3,  13  ;  Otid.  Jitt.  Till.  662 ;  Xeu. 
i*^  TiL  3,  }  10).  It  ia  ahown  in  the  drinking- 
Ms>  paiBtad  on  the  wall  of  a  wine-shop 
at  Pompeii. 
(Gell's  }•««- 
peutna,  1832. 
ToL  ii.  p.  U.i 
(See  woodcnt.) 
It    often     had 


{Itini)    of    each    guest    • 
pland  to  rtcdr*  hii  portion 


beside  the  i 


ii  portion  of  food,  which  was 
"t  op  on  the  largo  drewer  (fXtsi).  The  table 
>ia  jo-otab]}  then,  aa  in  later  lime*  when  the 
■n  CDMOB  of  small  tablea  prevuled,  lower 
I^  the  Kit,  aa  ia  seen  in  the  raae-paintlag 
Wn.  (Se-  alao  Ce!I1,  Vol.  I.  p.  3H.)  The 
'•nar^fca,  though  commonly  used  in  Greek 
Ih  liable 01  any  kind,  muit,  according  toitaety- 
b^IbC  hai!  denoted  Driginally  a  fonr-ltgged 
ULIt.  Aucrdingl^,  in  painting*  on  raft*,  the 
U^  sii  ni  lally  npreseatad  with  four  Uga,  af 


pi.  59.)     Horace  naed  1 

white    marbl*,  thus  c „   _ 

economy  (Sal.  L  6,  16).  For  the  houses  of  ^ 
the  opulent,  table*  nor*  made  of  the  most  Tal lia- 
ble and  beautiful  kinds  of  wood,  especially  of 
maple  (r^trtaiwlrri,  Atbea.  ii.  p.  47  d;  actrna, 
Hor.  Sat.  ii.  6,  10;  Mart.  lir.  SO),  or  of  ths 
citras  of  Africa,  which  waa  a  species  of  cypress, 
Che  Thuja  amcalala  at  tbt  Atlas  range.  (Citrta, 
Cic  Vtrr.  ir.  17,  37;  Mart.  ii.  43,  liT.  89; 
Plin.  B.  N.  liii.  %%  91-99.)  For  this  purpose 
the  RomaoB  made  ut*  of  the  root*  and  tubers  of 
the  tree,  which,  when  cut,  displayed  the  grealeit 
variety  of  spots,  beautiful  wares,  and  curling 
reins.  These  were  called  tiorAiiie  or 
according  to  the  marks  on  them,  or  1 


ii  (.r.  1 


re  compared 

■  HI,  Mart. 

tablea  so 

i  pounds. 

'.able 


xir.    85>     The    finest    specimana   of  t 
adorned  were  lold  Ibr  many  thonaai  ' 
Pliny    ('■<:.)  mentions   such    prices   i 
bought    by   Cicero    for    500,000   m 
Asinius  Pollio  for  a  million  (=  about  B,aOOf.). 

One  of  ths  principel  improTemeata  waa  the 
inTcntion  of  the  monopaiiam,  a  round  table 
(piiia)  supported  by  a  single  foot;  this  with 
other  kinds  of  eipeniive  and  elabarate  fumitura 
waa  introduced  into  Some  fhim  Asia  Minor  by 
Cn.  Manlios  after  the  war  with  Antiochoa,  ao. 
187  (Plin.  H.  S.  mir.  g  14;  cf.  Lir.  mil.  6). 
The  value  of  these  orbit,  which  were  sections  of 
the  trunk  of  the  tree,  depended  00  their  use. 
Pliny  (liii.  g  93)  mentions  a*  renarksbl*  the 
table  of  Ptolemy,  king  of  Mauretaaia,  4^  feet  in 
diameter,  but  of  two  joined  piece* ;  that  of 
Nomius,  a  freedman  of  Tiiieriaa,  3  ft.  lltin.; 
and  that  of  Tiberius,  4  tt.  2  In.  in  diameUr. 
These  orbta  were  often  supported  on  ivory  feet 
(Jur.  Ii.  122  :  Mart.  ii.  43,  ii.  S3).  Sometimes 
the  citruB  or  maple  waa  only  a  veneering  (Plin. 
Tables  were  also  made  of  metal, 
73)  or  gold  (Mart.  iii.  31; 
perhaps  overlaid  with  plates  of  gold).  From 
the  fashion  of  round  tables  came  that  of  arrang- 
ing the  lecti  *o  aa  to  form  a  continuous  crtsceot* 
shaped  coach  called  ligma,  frotn  the  form  c  of 
that  letter  (tigma  was  the  couch,  not  the  table), 
also  called  ilibaSuni  and  acciAitum  (Mart,  i.  48 ; 
liv.  87).  (ForfurtherdescripHon  of  the  arrange- 
ment  of  table  and  coaches,  see  TsiCLnnUM ;  for 
mmne  Dtlphicae,ie»  JiBiCHS.}  The  tables  among 
the  Greeks,  and  nntil  later  times  smong  the 
Romans,  were  not  covered  by  cloths,  which  only 
came  into  ose  about  Domitian'i  time  rMANTELEj. 
They  were  cleansed  by  wet  iponges  (Horn.  Ud.  1. 


tiiii.  §  146). 


158 


BfENSABn 


HEN8UBA 


111,  XX.  151;  cf.  Mirt.  xiv.  144),  for  which 
purpose  the  Romans  also  used  a  thick  cloth  with 
a  woolly  nap  (gausape^  Hor.  Sat,  ii.  8,  11). 

^mong  the  Greeks  the  small  tables  described 
above  were  removed  bodily  with  their  coarse  of 
dishes  on  them  (Athen.  ii.  p.  60  b,  v.  p.  150  a), 
whence  the  phrase  wpArcu,  de^cpoi  rpdT€(ai, 
which  answer  to  the  Latin  oena  prtma^  &c  As 
the  board  of  the  Greek  table  is  sometimes  called 
by  a  distinct  name,  MBfifut  (Athen.  ii.  p.  49  a ; 
Pollux,  X.  81),  it  appears  that  it  was  sometimes 
separate  from  the  tripod  or  other  stand  (iriXA.t/3as) 
on  which  it  was  set.  The  Roman  practice,  how- 
ever, was  to  bring  in  the  courses  (fercula  or 
misstts)  on  trays  (repositoria)^  which  were  set 
down  on  the  mensa.  Such  phrases  as  mensas 
removere,  kc.  (Verg.  Aen,  i.  216,  &c.)  mean  the 
conclusion  of  the  meal ;  and  the  phrase  mensae 
a^cumfotf  means  not  *'  second  coarse,"  but  dessert, 
which  was  regarded  as  a  break  in  the  entertain- 
ment, and  came  after  the  offering  to  the  Lares, 
which  was  the  Roman  grace  afler  meat.  [See 
Ckna,  Vol.  I.  p.  396  6 ;  Larabium.] 

The  name  of  rpdrt^a  or  mensa  was  also  given 
to  a  flat  tombstone  (Cic.  de  Leg.  ii.  26,  66).  Of 
mensae  sacrae  in  the  temples  there  were  two 
sorts :  (i.)  a  sort  of  subsidiary  altar  set  before 
the  image  in  the  cella,  to  receive  offerings  of 
fruit,  flowers,  coins,  &c.,  so  that  in  inscriptions 
we  find  dedication  of  **  ara  et  mensa  "  (C  /.  L. 
X.  205) ;  and  (ii.)  mensae  anclabres,  tables  about 
the  temple  upon  which  vessels,  &c.,  required  in 
the  sacred  rites  might  be  placed,  like  credence 
tables  (Marquardt,  Staatsverw.  iii.  165).  Like 
the  former  kind  were  the  mensae  curioUeSy  for  the 
offerings  (to  Juno  Caritis  especially)  by  the 
Flamen  curialis  in  each  curia.  (For  the  mer- 
cantile sense,  see  Aroemtakii  ;  and,  for  further 
description  of  mensae  and  rpdw^Cau,  Becker-GOll, 
CharikkSy  iii.  p.  81 ;  OalluSy  ii.  350 ;  Marquardt, 
FrivatM)en,  p.  723;  Mayor's  notes  on  Juv.  i. 
137.)  [J.  Y.]    [G.  E.M.] 

MENS'ARn.    [ABOBNTARn.] 

MENSIS.    [Calendabiux.] 

MENSO'BES,  measurers  or  surveyors.  This 
name  was  applied  to  various  classes  of  persons 
whose  occupation  was  the  measurement  of 
things. 

1.  To  land  -  surveyors  who  measured  and 
defined  the  extent  of  fields,  apparently  the 
same  as  the  agrimensores  (Colnm.  v.  1,  2; 
Ov.  JM.  i.  136  ;  Agrimensorbs). 

2.  To  military  ofiScers,  who  had  a  twofold 
duty,  as  measurers  of  the  ground  for  a  camp, 
and  measurers  of  com  for  the  troops,  unless 
indeed  they  were  two  distinct  classes  of  officers, 
(i.)  As  measurers  of  the  ground  for  the  camp 
(Veget.  B,  Mil*  ii.  7)  they  were  usually  called 
metatores  (Cic.  PhiL  xi.  5,  12;  xiv.  4,  10). 
[Oasxra,  Vol.  L  p.  372  6.]  They  were  a  kind 
of  quartermaster-general,  and  thus  provided 
quarters  for  the  soldiers  in  the  towns  through 
which  they  passed,  and  where  they  made  a 
temporary  stay  (Cod.  Theod.  6,  34,  1 ;  7,  8,  4.) 
(ii.)  In  military  inscriptions  we  find  mensor 
fntmenti  (Orelli,  Inscr,  No.  3523),  and  some- 
times simply  mensor  (OreUi,  3473;  Uenzen, 
6820 ;  Marquardt,  Mm,  Staatsverw.  ii.  p.  536 ; 
Walter,  Gesch,  d.  ROm,  Rechts,  §  343). 

3.  Mensores  frumentarii  was  the  name  of 
ofllcers  who  had  to  measure  the  com  which  was 
conveyed  up  the  Tiber  for  the  public  granaries 


(Dig.  27,  1,  26;  ihensores  Portuenses,'  Cod. 
Theod.  14»  4,  9  ;  14, 15, 1).  They  were  stationed 
in  the  port  of  Ostia,  and  were  employed  under 
the  praefectus  annonae.  Their  title  is  men- 
tioned in  several  ancient  inscriptions  (Cbrpuf 
mensorum  frtunentariorum  Ostienaium,  Henzen, 
7194;  mensores  frtanentarii  Cereris  Avgustae, 
Orelli,  4190). 

4.  if«fifor0S  aedifieiorumy  sometimea  applied  to 
architects,  or  more  especially  to  such  architects 
as  condacted  the  erection  of  public  buildings, 
the  plans  of  which  had  been  drawn  up  by  other 
architects  (Plin.  JSp.  x.  19  (28),  5 ;  x.  20  (29% 
3).  [L.  S.]     [W.  S.] 

ME'NSTRUUM.    [Sebvtts.] 

MENSU'BA  (jiirpov).  The  simplest  and  pro- 
bably  most  primitive  measures  are  those  derived 
from  the  various  parts  of  the  human  body.  Such 
was  the  view  of  the  ancients  themselves  (cf. 
Heron  Alexandr.  Ta6.,  rk  fUrpa  4^*vfnitmu  4^ 
ki^pwrtlwv  IimX&v  ifyotw  ScucrvAov  acorSvAov 
iroA.oio'roi;  aviBt^i^s  vfix^tfs  fififueros  ipyvtis 
jcal  Xoivvv;  Vitruv.  iii.  1,  5,  *<  mensurarDin 
rationes ...  ex  corporis  membris  coUegeraDt, 
uti  digitum  palmum  pedem  cubitam  ").  Amon^ 
primitive  and  unmixed  races,  where  all  live 
under  the  same  conditions,  idiosyncrasies  of 
stature  are  rare,  and  consequently  the  averag* 
sized  foot  will  give  a  standard  sufficiently  accu- 
rate for  all  their  purposes.  When,  boweTer, 
peoples  of  different  stocks  come  into  contact, 
and  different  modes  of  life  may  cause  differences 
in  stature  among  the  various  classes  of  a  single 
community,  many  variations  of  the  foot  or 
cubit  will  naturally  be  found. 

The  growth  of  the  arts  of  civilisation  will 
require  greater  accuracy  in  measurements  of 
various  kinds :  accordingly  the  interrelations  of 
various  standards  will  be  carefully  ascertained 
by  the  use  of  some  small  natural  object  of  uni* 
form  size,  such  as  the  barleycorn  of  the  English 
system.  Finally,  with  the  advance  of  science, 
efforts  will  be  made  to  get  some  more  general 
units  fixed  with  great  accuracy,  and  probablr  to 
bring  those  into  relation  with  the  measures  o( 
capacity  and  standards  of  weight. 

Measures  of  capacity  are  probably  first  ob* 
taiued  from  natural  products  of  a  uniform  an. 
The  Hebrews  and  ancient  Irish  employed  the 
hen's  egg  as  their  unit ;  at  Zanzibar  a  smsll 
gourd  is  now  employed  as  a  general  unit ;  and 
the  Chinese  use  the  joints  of  the  bamboo  in  a 
similar    fashion.     The   Boman  cochlear  (from 
cochlea^  **  a  mussel  **),  their  smallest  measure  of 
capacity,  and  possibly  the  k^oBos  of  the  Greeks 
(which  perhaps  originally  meant  '<a  gourd''), 
indicate  a  like  origin  for  standards  of  capacity. 
It  is  natural  to  expect  many  local  variations  io 
snch  measures,  and  it  is  only  a  strong  centralised 
government  which  can  introduce  some  nnirersal 
standards,  such  as  those  established  in  this  cooo- 
try  by  the  Act  of  1824.     Of  such  regulation  of 
standards  in  ancient  times  we  have  examples  ^^ 
the  case  of  Pheidon  of  Argos,  who,  according  to 
Herodotus,  fixed  the  standard  measures  used  by 
the   Peloponnesians  (roi;  rk  iiirpa  mtlfiorroi 
ncXoToynjo'/oio'i,  vi.  127);  in  SoloE,who  fixed 
the  standards  of  weights  and  measur«e  at  Athens 
(JDecret,  ap,  Andocid.    11,  25,  vif^ms  XP^^ 
Totf  T^Xmvos  ical  fih-pois  md  ffraB^Ufoii  X"^  '** 
Augustus   at    Rome.      It   is    possiUe  that  at 
such  a  time  an  effort  may  be  made  to  fix  certain 


t 


MEN8USA 


MENSUBA 


159 


rtlttisni  betvMn  the  stasdardi  of  length,  cspa- 
du,  tod  weight. 

tb«  Tables  at  the  end  of  the  Yolume  give  a 
geaenl  ri^w  of  the  Tariona  sjstema  of  meaaurea 
cf  the  aacienta,  setting  forth  as  accurately  as 
pooible  their  value,  according  to  modem  stan- 
dardi.  The  following  pages  give  a  more 
detailed  account  of  the  different  systems.  A 
li^  mass  of  valuable  information  has  reached 
C5  from  the  ancient  metrologists,  whose  frag- 
oeaU  have  been  collected  hj  Hultsch  (Hetrih 
hjicunan  Scriptontm  r^iqmae^  Leipzig,  1864-6). 
The  ubles  named  after  Heron,  an  iJezandrine 
Buihematiciany  are  of  especial  value,  although 
they  are  proUU>ly  of  various  dates ;  whilst  the 
excerpts  from  the  ancient  lexicographers,  such 
u  PjUox,  afford  much  important  information. 

The  German  metrologists  have  assumed  that 
th«  Greeks  and  Romans,  who  derived  theirs 
frosD  the  Greeks,  borrowed  their  standards  from 
the  East :  one  school,  that  of  Brandis  and  Hultsch, 
dehiin^  than  from  the  Chaldaeans,  whilst  that 
ot'Lepsias  derives  not  merely  the  Greek,  but  also 
the  Cbaldaean  from  Egypt,  although  both  alike 
admit  the  ultimate  origin  to  be  the  parts  of  the 
hunaa  body.  It  is  therefore  a  question  worth 
considering  how  £ar  like  conditions  of  develop- 
meat  may  not  have  produced  the  close  general 
approximation  between  the  various  systems. 

Whilst  admitting   that   measures  of  length 
vcre  bssed  on  the  parts  of  the  human  body,  the 
Gcrmaa  metrologists  have  sought  outside  Greece 
far  the  standards  there  in  use.     One  school — 
that  of  Brandis  and  Hultsch  —  consider    the 
iUadards  of  measures  and  weights  to  have  been 
iaTcnted  by  the  Chaldaeans :  the  other  school — 
that  of  Lepsius  (^LSngennuuae  der  Alien) — ^makes 
ue  Greeks  to   have  borrowed  their    systems 
from   the    Egyptians.      The    latter    had    two 
cabita,  one  bued  on  the  average  length  of  the 
£(rc-ann  of  a  full-grown  man,  from  the  point 
«f  tiie  elbow  to  the  tip  of  the  middle  finger. 
This  was  fixed  at  0*450  metre.     Beside  it  was 
«z»ther  cubit,  evidently  of  later  construction, 
vhicfa  was   about    one-sixth   larger  than  the 
utoral  cubit.     The  fact  that  it  varies  so  much 
irxm  nature  shows  that  it  is  later  in  point  of 
^i».    It  may  be  fixed  at  0*525  metre.    This 
dbit  i»  found  not  only  in  Egypt  and  iii  Pales- 
tijtt,  bttt  also  in  the  regions  of  the  Euphrates 
aai  Penia,  although  in  the  latter  cases  some- 
what raised,  as  it  may  be  fixed  at  about  0*532 
metre.    la  both  Egypt  and  Mesopotamia  it  is 
ollt-i  the  rojfoi  cubit,  as  we  learn  in  the  one 
<a*e  from  the  inscriptions  on  the  measuring- 
Ms.  which  have  survived ;  in  the  other  from 
th«  testimony  of  Herodotus  (i.  178).    Whilst  the 
tt^val  cubit  was  used  for  the  general  purposes 
<>f  life,  according  to  Lepsius  the  royal  cubit  was 
ezdwrely  used  in  building.     It  would  seem, 
Itowercr,  that  our  data  are  not  yet  sufficient  to 
«^le  as  to  decide  whether  the  Egyptians  bor- 
rcTfd  the  royal  cubit  from  the  peoples  of  the 
^l^hrates,  or  whether  the  latter  borrowed  it  from 
^  E{yptians.     If  the  Egyptians  came  from  Asia 
>at6  the  Nile  Valley  (as  supposed  by  the  best 
^»^an  authorities),  there  is  no  reason  why  they 
<^oaU  not  have  brought  the  royal  ell  with  them 
&'«  their  early  home.     The  Egyptian  cubit 
«tt  rabdinded  into  six  palmSf  each  containing 
^^  ptjers.    But  at  Babylon  the  sexagesimal 
■jitca  influenced  the  subdivision  of  the  cubit. 


The  Glialdaeans  made  the  cubit  consist  of  six 
handsj  each  of  which  contained  fiYe  fingers.  The 
royal  cubit  thus  contained  thirty  fingers,  accord- 
ing to  Lepsius.  But  there  can  be  little  doubt 
that  Lepsius  is  wrong.  Dtfrpfeld  {MiUhea.  1883, 
p.  36)  has  shown  from  Herod,  i.  178,  vii. 
117,  that  the  yJrptos  viixys  there  mentioned 
is  the  common  Greek  cubit:  but,  as  Herodotus 
says  that  the  royal  cubit  is  three  fingers  longer 
than  the  fUrptos  {6  {>  fioiatK'lilos  wifX**  '''ov 
/irrpiov  itrri  w^x'^*'  pLelfmy  rpiel  doicr^Xoiff'i), 
the  royal  cubit  therefore  =  27  8<firrvXoc 

In  Greece  proper  at  least  three  different  foot- 
standards  were  employed, — AttiCj  Olympic^  and 
Aegmetan.  DOrpfeld  has  shown  from  the  mea- 
surements of  the  ceila  of  the  Parthenon,  called 
the  'EKar6fiiro9op,  that  the  Attic  foot  was  295*7 
mill.  The  measurement  of  the  stadion  at 
Olympia  has  proved  the  Olympic  foot  to  be 
320*5  mill.  Tradition  said  thai  this  was  the 
size  of  Hercules'  foot.  (Aul.  GelL  L  1.)  The 
mythical  connexion  of  Hercules  with  Olympia 
may  indicate  Oriental  influence.  The  Aeginetan 
foot,  according  to  the  temple  measurements,  = 
333  mill.  Other  measures  mentioned  by  the 
ancient  writers  are  the  Philetaerean  foot  (irovs 
^ikeralptws'),  which  was  probably  so  called 
from  Philetaems,  king  of  Pergamus,  shown  by 
Dtfrpfeld  to  =  330  mill.;  the  Samian  cubit, 
which  Herodotus  (ii.  168)  regarded  as  the 
same  size  as  the  Egyptian. 

In  Western  Europe  we  find  three  foot-stan- 
dards :  the  Italian,  proved  from  the  writings  of 
the  Gromatici  (Surveyors)  and  from  buildings  to 
be  about  275  mill.;  the  Soman,  known  to  us 
from  actual  measures  to  be  296  mill. ;  and  the 
pes  Drtuianus,  used  by  the  Surveyors  in  Gaul 
and  Germany  =  333  mill. 

It  will  be  seen  that  the  Attic  and  Roman 
standards  are  practically  identical ;  that  so  also ' 
the  pes  Drusianus,  the  wovt  *t\9Talp9tos,  the 
Aeginetan  foot,  and  Ionian  foot  are  almost 
identical ;  whilst  the  Italian  foot  is  almost  iden- 
tical with  the  Phrygian  foot  of  277*5  mill. 

Method,  —  It  is  of  course  of  the  greatest 
importance  that  in  metrological  investigations 
a  strictly  scientific  method  should  be  followed. 
From  the  nature  of  the  case  it  is  necessary  that 
we  should  obtain  by  means  of  actual  measures, 
if  they  still  survive,  at  least  one  of  the  units  of 
measure  mentioned  by  the  ancient  writers.  As 
the  tables  of  Heron  and  other  writings  give  the* 
comparative  values  of  various  units  and  stan- 
dards, it  follows  that  if  we  can  obtain  with 
accuracy  one  such  unit,  we  can  deduce  from  it 
all  the  rest.  Linear  unite  are  of  course  the 
most  impoi*tant,  as  from  them  we  can  deduce 
the  itinerary  and  superficial  measures,  and  the 
most  important  of  these  is  the  Roman  foot. 

The  Soman  Foot. — ^There  ar^  five  different 
ways  of  determining  the  length  of  the  Roman 
foot.  These  are:  (1)  from  ancient  measures 
still  in  existence,  including  feet  laid  down  on 
sepulchral  monuments,  and  foot-rules  found  in 
the  ruins  of  various  cities  of  the  Roman  empire ; 
(2)  from  measurements  of  known  distances 
along  roads,  both  between  milestones  and 
between  places;  (3)  from  measurements  of 
buildings  and  obelisks;  (4)  from  contents  of 
certain  measures  of  capacity;  and  (5)  from 
measurements  of  a  degree  on  the  earth's  surface. 
(1)  It  might   appear   at   first   thought  that 


160 


MENSURA 


MENSUBA 


ancient  measures  in  actual  existence  would  at 
once  giTe  the  required  information.  But  these 
measures  are  found  to  differ  among  themselves. 
They  are  of  two  kinds, — foot  measures  cut  upon 
grave-stones,  and  brass  or  iron  measures  intended 
in  all  probability  for  actual  use.  From  the 
nature  of  the  case  the  latter  would  probably  be 
more  exact  than  the  former,  and  in  fact  the 
measures  on  the  grarestones  are  rudely  cut,  and 
their  subdivisions  are  of  unequal  length,  so  that 
they  have  no  pretensions  to  perfect  accuracy, 
but  on  the  other  hand  it  would  be  absurd  to 
suppose  that  they  would  have  been  made  very 
far  wrong.  We  may  safely  conclude  that  they 
would  have  about  as  much  accuracy  as  a  mea- 
sure hastily  cut  on  a  stone  by  a  mason  from  a 
foot-rule  used  by  him  in  working.  Three  such 
measures  are  preserved  in  the  Capitol  at  Rome, 
and  one  in  the  Capponi  collection.  They  are 
called  the  Statilian,  the  Cossutian,  the  Aebutian, 
the  Capponian  feet.  They  have  been  repeatedly 
measured,  but  unfortunately  the  different  mea- 
surements gave  different  results.  Besides  these, 
we  have  two  models  of  feet  cut  on  the  rocks  at 
Terracina.  The  bronze  and  iron  foot-rules,  of 
which  several  have  been  found  at  Pompeii,  do 
not  precisely  agree  in  length.  There  was 
anciently  a  standard  foot  measure  kept  in  the 
Capitol,  called  the  pes  monetaliSf  which  was 
probably  lost  at  the  burning  of  the  Capitol 
under  Vitellius  or  Titus. 

(2)  The  itinerary  measurements  are  of  two 
kinds,  according  as  they  are  obtained  by  mea- 
suring the  distance  from  one  place  to  another, 
or  the  distance  from  one  milestone  to  another 
on  a  Roman  road.  Both  methods  have  the 
advantage  of  the  diminution  of  error  which 
always  results  from  determining  a  lesser  magni- 
tude from  a  greater,  but  both  are  subject  to 
uncertainties  nrom  turnings  in  the  road,  and 
from  the  improbability  of  the  milestones  being 
laid  down  with  minute  accuracy ;  and  two 
other  serious  objections  apply  to  the  former 
mode,  namely,  the  difficulty  of  determining  the 
points  where  the  measurement  began  and  ended, 
and  the  changes  which  may  have  taken  place  in 
the  direction  of  the  road.  Both  methods  have 
been  tried:  the  former  by  Cassini,  who  mea- 
sured the  distance  from  Ntmes  to  Narbonne, 
and  Riocioli  and  Grimaldi,  who  measured  that 
between  Modena  and  Bologna ;  and  the  latter  by 
Cassini,  between  Aix  and  Aries. 

(3)  The  measurement  of  buildings  is  rather  a 
verification  of  the  value  of  the  foot  as  obtained 
from  other  sources  than  an  independent  evidence. 
(The  method  was  first  employed  by  Raper  in  his 
Enquiry  mio  the  Measure  of  the  Soman  Fooi^ 
Philosoph.  Transact.  1760,  who  obtained  a  foot 
=  295*7  mill.)  It  is  very  seldom  that  we 
know  the  number  of  ancient  feet  contained  in 
the  building  measured.  We  have  one  such 
example  in  the  Parthenon,  the  oeUa  of  which 
was  caXXeA  the  Uecatompodun,  the  hundred-footed 
(Pint.  FericL  13 ;  CatOy  5),  but  even  in  this  case  we 
could  not  have  told  exactly,  till  we  knew  some- 
thing of  the  length  of  the  Greek  foot,  to  what 
part  of  the  edifice  this  measurement  applied. 
Furthermore,  the  measurement  of  the  stadion 
at  Olympia  laid  bare  by  the  German  excava- 
tions has  enabled  us  to  ascertain  with  accuracy 
the  length  of  the  Olympian  foot ;  but  in  this 
case  likewise,  it  would  have  been  impossible  to 


arrive  at  an  accurate  result  had  we  not  known 
already  that  this  stadion  was  600  feet  long. 
Again,  timers  are  the  obelisk  in  the  Piazza  del 
Popolo  at  Rome,  and  the  Flaminian  obelisk,  the 
heights  of  which  are  given  by  Pliny  C£f.  A*. 
xxxvi.  §  71).  But  the  actual  heights  of  these 
obelisks  as  compared  with  Pliny  would  give  a 
value  for  the  foot  altogether  different  from  that 
obtained  from  other  sources.  Indeed,  the  num- 
bers in  Pliny  are  undoubtedly  corrupt,  and  as 
they  stand  it  is  only  the  difference  of  height 
between  the  two  that  can  be  of  any  service,  and 
even  this  gives  a  result  by  no  means  satisfac- 
tory. An  ingenious  emendation  from  Staart 
would  remove  the  difficulty,  but  it  Is  obviou:! 
that  a  passage  which  requires  a  conjectural 
emendation  cannot  be  taken  as  an  independent 
authority.  There  is  another  mode  of  deducing 
the  value  of  the  foot  from  buildings  of  the 
dimensions  of  which  we  have  no  information. 
The  building  is  measured,  and  the  lengths  thos 
obtained  are  divided  by  the  supposed  value  of 
the  ancient  foot  (as  derived  from  other  evidence)^ 
and  if  a  remainder  be  left  the  value  of  the  foot 
is  corrected  so  that  there  may  be  no  remainder. 
It  is  assumed  in  this  process  that  no  fractions 
were  allowed  in  the  dimensions  of  the  building, 
and  also  that  the  plans  were  worked  out  wiUi 
minute  exactness,  both  of  which  assumptions 
are  not  very  probable.  In  fact  these  measure- 
ments have  given  different  values  for  the  foot. 
Thus  some  metrologists  have  found  by  this 
method  that  two  separate  foot  standards  ivere 
employed  in  the  temple  at  Aegina,  a  supposi- 
tion which  can  scarcely  be  credited.  Modem 
architects  do  not  allow  that  such  calculations 
could  be  depended  on  in  modern  buildings  for 
determining  the  true  length  of  the  measures  by 
which  they  were  planned.  Nor  are  the  dimen- 
sions of  the  parts  of  mediaeval  buildinsrs  in  our 
own  country,  as  churches  and  cathedrals,  found 
to  agree  exactly,  so  as  to  give  whole  numbers  of 
the  standard  measure.  On  the  other  hand  these 
measurements,  like  those  on  roads,  have  the 
advantage  of  involving  in  all  probability  very 
small  errors,  and  of  the  diminution  of  the  error 
by  division.  It  must  however  be  borne  in  mind 
that  buildings,  like  temples,  were  liable  to  hare 
their  dimensions  conditioned  by  the  nature  of 
the  site,  and  also  that  those  which  remain 
to  us  have  been  built  on  the  foundations  of 
older  and  smaller  ones. 

The  results  of  these  various  methods  are  as 
follows:  (1)  The  Roman  foot  as  obtained  from 
the  measures  varies  between  295*6  and  296  milL 
(2)  The  foot  obtained  from  itinerary  measures 
is  295-85  mill.;  and  (3)  that  obtained  from  the 
measurements  of  buildings  at  Pompeii  by 
Nissen  is  296  mill. 

From  these  results  we  cannot  be  far  from  the 
truth  in  setting  the  Roman  foot  at  296  mill.,  or 
a  little  less  than  the  English  foot  (301  mill.). 

(4)  Some  have  attempted  to  deduce  the  length 
of  the  Roman  foot  from  the  solid  content  of  the 
congius  of  Vespasian.  Since  the  oon^itts  was 
I  amphoroj  and  the  content  of  the  amjiAora  was 
a  cubic  foot  [Quadrantal],  the  process  is  to 
multiply  the  content  of  the  congius  by  8,  and  to 
extract  the  cube  root  of  the  product.  Bat  this 
method  is  very  uncertain.  Hultsch,  for  instance, 
will  not  allow  that  the  measures  of  capacity 
were  obtained  from  the  linear  unit,  but  rather 


HEKSUBA 

frt-'O  a  eertain  weight  of  water  or  wine.  Fur- 
ijcr,  tJi«re  is  a  doabt  about  the  actual  con- 
teni  of  the  oongias ;  and  even  granting  that 
lit  conpos  had  been  adapted  to  the  foot  with 
t<knble  aocaracj,  there  is  a  risk  of  error  in 
rt reisng  the  proeeas. 

(5)  Some  French  geographers  haye  supposed 
ijat  the  ancient  astronomers  were  acquainted 
%,:h  the  dimenaions  of  a  great  circle  of  the 
arth^and  that  thej  founded  their  whole  system 
<>:  measures  on  the  subdinsions  of  such  a  circle. 
Da:  we  have  no  evidence  of  anj  sort  to  show 
tiut  the  aodenta  were  acquainted  with  any 
sadt  method. 

lU  Grtek  FooL — ^We  hare  no  ancient  foot-rules 
ianiriag,  w  therefore  we  fix  the  Greek  (Attic) 
:<  ic  ^m  the  testimony  of  ancient  writers  that 
it  v»  tbont  the  same  as  the  Roman,  confirming 
tius  bj  the  measurements  of  buildings,  such  as 
tik  Parthenon,  from  which  DOrpfeld  has  shown 
tj«  i<¥>t  to  be  295*7  milL  The  Olympian  foot 
15  derired  similarly  from  the  testimony  of 
iadant  writers  comparing  it  with  other  feet, 
ud   from   the    actual    measurement    of  the 

(rretk  Mtcamt9  of  Length, — In  Homer  the 
fDiWiag  measures  are  mentioned:  8Mpoy(=the 
i^er  vsAotfT^X  *vvf  (in  compound  kKvr6fjac9- 
kf),  nTMf  (in  adjectire  wyo^iorX  V7w«» 
tX(^  (ia  form  w4\§$pw).  The  wy^r  is  a 
^tort  cnbtt,  being  the  distance  from  the  point  of 
ti:e  ejbov  to  the  knuckles  (c2  cvynAiv^ias  rohs 
'^"ri^swf,  k^  irptSwos  h^  abrobt  myitv  rh 
»^r^f  «i  Si  9vytc\€lo-4uaj  miyftfi).  It  is  to  be 
&<^  that  the  v^xvf  does  not  occur  as  the 
^aa^e  of  a  measure  in  the  poems.  Homer  makes 
SKitioa  also  of  a  long  measure,  called  simply 
ofrpw  (ftoT*  iftjp*  olfpouri  Sv*  ftrspc  9riptdaa'0op 

^f*  ^  X*^^  ^X«»^«»»  Jf'  »L  422).  It  is 
3Dpo«ble  for  us  to  say  what  was  the  length  of 
this  Bwasuring^rod — whether  it  was  the  length 
-^  aa  ipyuuL,  or  of  the  lUaura  or  icdXetfiOf  of 
Sutf  date.  Of  course  there  are  no  data  for 
^t;  the  length  of  the  Homeric  vous ,  6pyvia,  and 
wX«ljpor. 

^n^kia/  JTAnvre.— The  unit  of  superficial 
^**««  m  Homer  is  the  7^1  (found  only  in 
tae  csmpounds  ycmficoiiT^>vof  and  rrrpdyvos), 
Thieh  probably  meant  the  space  traversed  by 
*t*  pleagh  in  one   day's  work.      It  probably 
wrtred  iu  name  from  the  ancient  form  of  the 
^migh  (called  a^&yvw  by  HesiodX  and  was 
t^ns  «N&ewhat  analogous  to  the  English  plough' 
^'  The  term  was  applied  to  the  patches  of 
^^  in  the  common  field  (^i|^  iw  hpodffff, 
A  lit  422)^  which  were  separated  from  each 
4her  hj  laad-marks  {ofyd)  made  of  stones  (i7. 
^>-42Ij  XXL  405X  corresponding  to  Latin  Kmea, 
"  Ulk."   In  such  common  fiel£  or  early  com- 
munities the/imw  was  always  of  a  customanr 
^?th,  hcBoe  our  fnr-long  (/urrotr-long),  which 
f^^'te  depended  on  the  distance  which  a  yoke 
^ctes  conld  drag,  and  a  man  could  steer,  the 
Hfl^b  without  a  rest.    The  breadth  of  the  y^s 
^»  the  distance    between    the    o^pa,  which 
^^^  each  side.     The  Scholiast  sets  it  at 
***  10  £ithoms  =  60  feet     But  we  know 
J^  Homer  (77.  x.  351 ;  Od  viii.  124)  that  the 
^'^"^  between  the  oipa  of  mules — ^that  is,  the 
^=***^  of  the  patch  ploughed  by  mules — was 
^^^^  than  that  between  those  of  oxen.    Con- 
«1*aUy  the  breadth  (wXrftfooy)  varied.    Now 

YOL!L 


MENSUBA 


161 


[  the  old  name  for  the  ffrdSiow  was  aZkos,  and 
its  double  was  called  MavAor,  from  which  it  is 
probable  that  the  stadion  represented  the  furrow- 
long  (aiXos  being  an  old  form  of  a3Xa|).  The 
stadion  being  600  feet,  is  therefore  ten  times  the 
breadth  of  the  y^s,  a  ratio  found  to  exist  in 
similar  land  systems  elsewhere. 

Measures  of  Capadty. — Homer  has  but  the 
word  fi^Tpov  to  express  the  unit  of  both  Dry 
and  Liquid  measure.  Telemachus  (Od.  ii.  355) 
takes  20  fiirpa  of  barley-meal  as  provision  for 
his  crew.  Some  have  identified  the  fi^pop  both 
in  liquid  and  dry  measure  with  the  Hebrew 
aaton,  but  it  is  more  probable  that  in  the  fiirpov 
of  barley-meal  we  have  the  fi^t/iyor  of  later 
times.  It  is  almost  certain  that  the  fUrpov 
used  for  liquids  difiered  from  that  used  for  dry 
measure.  The  fiirpow  of  barley-meal  is  evidently 
a  considerable  amount,  from  the  passage  quoted 
above.  But  as  the  capacity  of  the  various 
vessels  offered  as  prixes  by  Achilles  is  given  in 
Ai^T/To,  it  is  not  probable  that  the  fih-pow  by 
which  their  capacity  is  expressed  is  the  same  as 
that  used  for  the  barley-meal.  On  the  other 
hand,  it  seems  not  improbable  that  the  fiirpop 
used  for  wine  was  the  same  as  the  Hiras  or  cup 
of  Odlix.  208-10: 

rhr  t  ore  vamnr  luKafiia  olvov  ipwBpSv, 
X«ve. 

To  suppose  that  the  proportion  was  one  cup 
of  wine  to  twenty  fi^i/u^oi  of  water  is  absurd ; 
whereas  the  proportion  of  one  cup  of  wine  to 
twenty  cups  of  water  is  sufficiently  marvellous 
to  ahow  the  strength  of  the  wine  without  falling 
into  grotesque  eiaggeration.  The  word  Korr^Kii 
occurs  occasionally  in  Homer  (only  in  the 
Odyssey)  in  the  sense  of  cup.  It  probably  is 
the  same  as  Hiras,  and  thus  connects  the 
Homeric  H^rus  with  the  Kor^kri  of  later  times. 

Qreeh  and  JSoman  Ltnear  Mectswre,  —  The 
finger  -  breadth  (SdrrvAos,  digitus)  was  the 
smallest  measure  employed  in  both  systems,  and 
was  regarded  as  the  unit  (jiovds).  Later  writers, 
e.y.  Isidorus,  mention  the  use  of  the  bctrleyoom 
as  the  unit,  5  barlevcoms  making  a  finger^ 
7  makine  a  thumb  (pollex). 

The  KOvZvKoSf  the  middle  joint  of  the  finger, 
=  2  fingers. 

The  woAaioT^  (later  waXaiorfs,  in  strict  Attic 
woXoirr^),  ZApov  (Homer  and  Hesiod),  or  8oxm4 
(according  to  some  writers)^  palmuSf  handbreadth 
=  4  fingers.  This  measure  was  in  very  common 
use  with  both  Greeks  and  Romans. 

The  Htx^  =  2  hands  =  8  fingers,  usually 
called  4ffuw69uw, 

The  \ixdsf  the  space  between  the  thumb 
(iarr(x^tp)  and  forefinger  (Afxa^oOi  =  ^^ 
fingers. 

*OpS699tpoPf  space  from  the  base  of  the  hand 
to  the  finger-tips,  =  11  fingers. 

2wi0fl^i^,  span  =  3  handbreadths  =  12  fingers 
=  I  cubit.  This  measure,  much  used  by  the 
Greeks,  was  not  employed  by  the  Romans,  who 
used  instead  the  dodwts  =  |  pes. 

Tlovst  pes,  foot  =16  fingers.  The  Romans 
also  used  their  national  uncial  system  in  dividing 
the  pes,  thus  giving  it  12  parts,  which  in  later 
times  passed  into  general  use. 

Tlvy^v  (Homer,  Herod,  ii.  175,  and  some  other 
isolated  passages),  the  distance  from  the  elbow 


162 


MENSURA 


MENSUBA 


to  the  first  joint  of  the  fingers,  =  20  fingers. 
The  Romans  employed  as  its  equivalent  the 
palmipes  =  palmua  +  pea, 

n^X*''>  cii6«hi«,  cubit  ot  ell,  distance  from  the 
point  of  elbow  to  the  point  of  the  middle  finger, 
=  24  fingers.  Roman  writers  employ  cubitus 
when  following  Oreek  sources;  the  native 
Roman  term  is  aesquipes. 

BijiM,  gradua^  pace,  =  2|  feet. 

Pasaus,  double  pace  or  stride,  s=  5  feet.  The 
later  Greeks  employed  the  ifiw€Kot  as  its  equi- 
valent. 

"Opv^lia  (Heraclean  Tables)  =  4  feet  (or, 
according  to  others,  5  feet). 

'OffyvM,  fathom,  the  space  which  a  man  can 
stretch  with  both  arms,  =  6  feet.  The  Romans 
had  no  corresponding  term  (although  tenaum  is 
used  in  Low  Latin),  but  occasionally  used  ttina 
to  express  it,  although  usually  employing  this 
term  for  the  cubit. 

"AxtuMa  (in  late  writers  &ir#ya)  =:  10  feet.  It 
probably  means  the  goad  used  in  driving  the 
plough  oxen,  which  was  finally  fixed  at  10  feet 
and  employed  as  the  special  ktnd  meaaure.  To 
it  corresponds  the  Roman  pertica,  or  deoempeda 
(ten-foot  rod),  the  square  of  which  formed  the 
basis  of  all  land  measures.  Hence  the  Roman 
agrimenaorea  were  sometimes  called  deoempeda' 
tores, 

Tl\4$f»ow  (WAcOooy,  Homer)  probably  was 
originally  the  breadth  of  the  yiris  or  acre-strip, 
the  space  lying  between  the  oZpa  or  boundary 
stones,  which  form  the  longer  sides  of  the  patch. 
It  =  100  feet ;  and  its  square  became  the  regular 
limit  of  land  measure  with  the  Greeks  of  his- 
torical times.  To  it  corresponds  in  siie  the 
eoraua^  used  by  the  Oscans  and  Umbrians,  which 
properly  means  the  '* turning  place"  or  head- 
land (c£  a/  crpoimi  sc.  r&r  i££y,  Hesych.). 

The  Roman  actus,  =  120  feet,  properly  meant 
the  "headland"  (called  <tctua  minimua,  4  feet 
broad).  It  then  came  in  later  times  to  mean 
the  distance  which  oxen  can  draw  the  plough 
at  a  single  draught  (''sulcnm  autem  ducere 
longiorem  quam  pedum  centum  viginti  contra- 
rium  pecori  est,  qnoniam  plus  aequo  fatlgatur 
ubi  hunc  modum  exeessit,"  Colum.  ii.  2,  27). 

limerary  Meaaurea. — For  the  higher  measures 
of  length,  although  the  continuity  of  the  system 
was  preserved  by  making  them  exact  multiples 
of  a  foot.  It  is  obvious  that  convenience  would 
demand  higher  denominations,  one  of  which 
would  be  regarded  as  a  new  unit.  Nay,  these 
higher  measures  may  be  viewed  with  respect  to 
their  origin,  as  in  a  certain  sense  independent  of 
those  smaller  measures  with  which  they  were 
afterwards  made  to  agree.  For  just  as  we  have 
seen  that  the  smaller  measures  of  length  are 
taken  from  natural  objects,  so  we  shall  find  that 
at  an  early  period  the  larger  measures  were 
not  derived  artificially  from  the  smaller,  but 
from  distances  which  occur  in  nature  and  in 
ordinary  life.  Thus  Homer  expresses  distances 
by  the  cast  of  a  stone  (i7.  iii.  12,  t^ov  r*  M 
Xaeof  tn<ri)f  and  so  even  too  in  later  times 
(Thuc.  V.  65;  Polybius,  v.  6);  of  a  quoit  (77. 
xxiii.  431 ,  Ztrca  re  9iirK0v  olpa . . .  ir^Xoin-oi) ;  of  a 
spear  (77.  xv.  358,  HoimAs  ^P^^}  by  the  distance 
which  a  man  can  reach  with  a  spear  (77.  x.  857, 
9ovfrtiy€K4s);  and  by  the  still  more  indefinite 
expression,  "as  far  as  a  man  makes  himself 
heard  distinotly  when  he  shouts  "  (OdL  v.  400, 


vL  294  et  alih.t  Z<rffw  re  y^TW'  i3o^<ras);  sod 
again  by  standards  derived  from  agriculttiR 
(It,  X.  352,  tcffop  t'  M  oipa  vtkorreu  itfu6- 
wvr%  which  from  what  we  have  seen  abore 
represents  the  breadth  of  the  acre  piece  or  yvifr, 
the  amount  ploughed  in  one  day:  as  males 
are  superior  to  oxen,  the  breadth  ploughed  in 
one  day  of  a  piece  of  ground  of  a  fixed  len^ 
would  be  greater  than  the  breadth  (tkiBpoy) 
ploughed  in  the  same  time  by  a  yoke  oxen.  (See 
Ridgeway's  article  in  Journal  ofHeUenk  Shtdiay 
1885.)  Of  the  longest  distances  time  was  made 
the  measure,  as  in  the  case  of  the  German 
Stunden:  the  journey  of  a  day  by  an  actire 
traveller  (c0f»rof  Mip)i  or  of  a  day  and  a  night, 
or  on  horseback,  or  with  a  merchant  ship  (rm 
arpoyyvKff,  6\Kds\  a  method  too  frequentlr 
employed  now  as  well  as  in  ancient  times  to  need 
illustration.  (Comp.  Ukert,  Geograp,  d,  Qrixk 
«.  R6m,  vol.  i.  pt  2,  pp.  54-5.)  The  system  of 
measuring  by  tiatkna  or  poata  [Maksio]  shoald 
probably  be  referred  to  this  head,  as  it  is  most 
likely  that  such  distances  would  be  fixed  with 
reference  to  the  powers  of  endurance  of  mas 
and  horse,  before  the  trouble  was  taken  actually 
to  measure  them  out.  Another  plan  was  that 
which  Herodotus  several  times  adopts,  and 
which  is  also  familiar  to  all  ages,  the  description 
of  one  distance  by  comparing  it  with  another 
which  is  well  known.  It  is  true  that  in  man/ 
cases  the  method  is  only  general  and  indefinite, 
as  when  Herodotus  describes  the  length  of  the 
Nile  as  equal  to  that  of  the  Danube,  but  there 
are  other  cases  in  which  the  method  was 
definite,  and  especially  one  case,  in  which  it 
actually  formed  the  foundation  of  the  common 
system  of  itinerary  measures  in  use  among  the 
Greeks.    We  refer  of  course  to  the  atadian., 

2Tt(8ior  (ffw^iov,  Doric),  stadium  =  600  feet. 
The  Doric  cwditoy  (from  aitdm)  indicates  that  it 
was  the  distance  traversed  in  a  single  drsnght 
by  the  plough.  It  thus  was  probably  the  U^^ 
of  the  7^»  strip,  just  as  the  wX^Opor  was  its 
breadth.  It  always  contained  100  argyiae  or  600 
feet,  no  matter  what  the  size  of  the  foot  might 
be.  The  Homeric  yiftfs  (vide  supra)  was  in  breadth 
10  orggiae :  the  stadion  is  thus  ten  timet  the 
breadth  of  the  y^iji .  A  similar  proportion  is  fonnd 
between  the  length  (JurUmg)  and  breadth  of 
English  and  Irish  acre  strips,  llie  Germans  regard 
the  stadion  as  of  Babylonian  origin.  Braodia 
{MOnx",  Mass'y  wnd  Oewichtaweaen^  p.  20)  holds 
that  the  Babylonians  determined  the  length  of 
an  hour  of  equinoctial  time  by  the  water-clock : 
in  one  hour  the  sun  traversed  a  portion  of  the 
sky  thirty  times  his  own  diameter;  therefore 
every  two  minutes  a  portion  equal  to  his  sp- 
parent  diameter.  With  this  they  equated  fhe 
distance  which  an  active  walker  can  traverse  on 
the  earth  in  the  same  time :  the  stadion  there- 
fore is  the  distance  traversed  by  an  sctire 
walker  in  two  minutes.  As  the  Greeks  hsd 
provided  themselves  with  all  the  other  measures 
by  purely  empirical  means,  it  is  not  likely  that 
they  went  to  the  East  to  borrow  the  stsdioo, 
but  derived  it  from  their  own  system  of  agri- 
culture, which  was  not  borrowed  from  the  East 
The  Romans  only  employed  the  atadium  in  later 
times,  and  that  only  for  distances  by  sea,  where 
they  simply  followed  the  Greeks.  The  irriS<«r 
in  historical  times  was  the  distance  of  the  race- 
course, and  was  the  regular  unit  of  roadr^easire, 


MEN8XJBA 

Cfi  WIS  in  later  times  the  unit  used  by  the 
MOwomen  and  geographers. 

Aiatkos  (or  SioTMior),  lo  named  from  eei\ot, 
tke  oU  name  of  the  ardBtor,  probably  meant 
tfiginallf  **  double  fnrrow/'  and  then  came  to 
Beta  t  connc  up  and  down  the  stadion. 

'Inruc^,  the  oonne  for  the  horse-race,  =  4 
ttakSf  as  they  ran  twice  np  and  down  the 

tTWOMfm 

KiXior,  mSktnan^  The  Romans  measured  all 
k^  distanees  by  mUia  passuumy  or  shortly 
9BkL  Strabo  is  the  first  Greek  to  use  the 
kiTovid  iilXier,  and  that  only  when  speaking 
«f  diftaaces  which  he  had  derived  from  the 
daNfn;pkj  of  Agrippa.  MUiarium  is  only  a 
kte  word,  ss  the  ^od  writers  use  Icqns  or  hpis 


MENStJBA 


163 


napcvjAyyqs,  a  Persian  road  measure,  used  by 
Grtck  aathors  writing  about  Asia  Minor,  as 
floodotis  and  Xenophon.  It  contained  SO 
cttdo,  or  4  Koman  miles.  Modem  metrologists 
asoga  it  an  origin  similar  to  that  of  the  mawp 
prea  abore,  regarding  it  as  the  distance  tra- 
T«ned  bj  an  actire  walker  in  an  hour  of  equi- 
Boctial  time.  It  may  have  been  so  adjusted  in 
a  later  and  scaentific  age,  but  it  is  more  probable 
tbat  it  bad  its  origin  long  before  the  beginnings 
«f  sdcatific  metrology. 

LoMd  Maumta. — We  hare  seen  that  a  distinct 

KBite  of  some  of  the  greater  measures  of  length 

{c^.  the  wA^Bjpor  and  trrdSioy)  arose  out  of  the 

Bea»iires  of  suHaoe,  which  must  of  necessity  be 

^p^ojed  from  a  rery  early  period   in  every 

dTifind  Qommunity  for  determining  the  boun- 

<hrits  of  land.    Herodotus  (iL  109)  mentions  a 

tndition   which     aMigns    the    iuTention     of 

{^jowciy  to  such  a  necessity  which  arose  in 

ffff^  in  the  reign  of  Seeoctris.    This  tradition 

i>  «f  coarse  now  only  referred  to  as  an  illustra* 

tioB,  not  as  an  expression  of  an  historical  fact, 

^  is  tb«  other  cases,  the  origin  of  the  system 

^  &r  back  beyond  the  reach  of  history,  and 

>I1  that  can  be  done  is  to  trace  with  some  prob- 

^Uitj  its  snccecsire  steps  as  indicated  by  the 

■Mi  of  the  measures  and  by  the  statements  of 

^^t  writers.    Here  too,  as  in  the  itinerary 

<^^stiacc,  the  original  unit  of  the  system  was 

^f^Mij  net  a  specific  number  of  feet,  but  some 

aalazal  ((iiatttity  which  was  afterwards  brought 

iato  acoordanee  with  the  standard  of  the  smaller 

">**Rnk    Also  it  ia  to  be  obaerred  that  these 

^''■nns  are  frmn    the    nature  of  the    case 

^''^nxH  of  surCsoe,  although  in  practice  often 

^*^  (u  the  dadmm  and  plethrum)  as  measures 

oflogtb.    The  precise  fact  seems  to  be  that 

tbi  fint  natural  measure  of  the  sort  was  a  strip 

of  pooad  of  considerable  length  and  moderate 

^^tb,  being  the    amount  which    could  be 

pwoghed  m  one  day's  work  by  a  yoke  of  oxen. 

^  Homeric  T^r,  siipra.)    This  is  borne  out 

^  what  we  know  of  the  Roman  system.    The 

^•■tt  wttlers  in  Further  Spain  called  the  actus 

^^"i^^vte  by  the  name  ocntio,  an  old  Latin  term ; 

^  Mae  people  gave  the  name  poroa  to  a  strip 

l^  =  180  X  30  feet.    They  had  oTidently 

^{ht  tbis  enstomary  unit  from  Italy,  which 

^M  6et  longer  than  the  achu  as  finally 

^  by  the  land-surreyors.     Now  we  know 

'^      <«<«•  was  originally  the    headland, 

T*n  tbe  plough  was  turned,  and  along  which 

f*  «tUe  were  driren ;  this  was  called  by  Varro 

^^  ^  T.  3^  10,  {  22)  actus  im'mmiM,  being  only 


4  feet  wide.  It  is  not  then  unreasonable  to 
suppose  that  the  length  of  the  original  furrow, 
that  is,  of  the  patch  ploughed  in  one  day,  was 
shortened  until  the  furrow  became  equal  to  the 
breadth  of  the  strip,  that  is,  to  the  Keadkmd  or 
actus  of  120  feet.  This  patch,  the  square  of  the 
headland,  became  the  basis  of  the  Boman  land 
measure.  The  Gallic  arepennis  (French  arpeiU)f 
which  according  to  Columella  corresponded  insixe 
to  the  Roman  actuSy  certainly  meant  originally 
the  headland.  We  may  not  unreasonably 
assume  a  similar  derelopment  for  the  Oreek 
unit  of  100  feet  square,  the  jD/etAncm,  and  also 
for  the  Oscan  e^stis;  namely,  that  it  arose  from 
a  land  unit  of  larger  extent  and  oblong  in  shape, 
the  breadth  of  which  may  have  been  originally 
about  60  feet,  corresponding  to  the  measure 
called  <dima  (half  of  an  acSui)  mentioned  by 
Columella,  and  the  breadth  of  the  Homeric  Ttfiyt. 

The  unit  employed  by  the  Greeks  was  the 
square  of  the  w\4$pow,  which =10,000  square 
feet.  The  Italians  used  similarly  the  square 
of  the  ix>rsi<5,  which  was  of  like  size. 

The  y6ijf  (or  7^)  was  the  tmit  employed  in 
Homer  (supra). 

On  the  Heraclean  Tables  (found  at  Heraclea 
in  Lucania)  the  y6ijt  probably  represents  a  piece 
of  land  100  feet  broad  and  5000  feet  long ;  that 
is,  50  plethra. 

The  <rxo7yos  is  another  Heraclean  measure  = 
120  feet  square,  corresponding  to  the  actus. 
Each  frxoiros  was  divided  into  30  6p4yfiaTa  of 
4  feet  each. 

M^ifufos :  in  two  parts  of  Hellas  we  find  a 
system  which  was  common  in  many  parts  of  the 
ancient  and  mediaeval  world.  The  fi49ifjLwos  at 
Cyrene  and  in  Sicily  means  as  much  land  as  can 
be  sown  by  a  medimnus  of  seed.  In  Sicily  this 
was  equal  to  the  Roman  jii^smm  (Cic.  Verr.  ii. 
3, 112). 

The  Roman  system  of  the  agrimenaores  repre- 
sents a  later  stage  of  development.  The  square 
foot  (j)e$  oonstratus  or  quadratus)  was  the  unit 
of  the  system  Q*  modus  omnis  areae  pedali  men* 
sura  comprehenditur,"  Colum.  v.  1).  The 
system  is  partly  decimal,  partly  duodecimal. 

The  scripuium  =  1  decmnpeda  quadrata  (square 
rod)  =  100  sq.  feet. 

The  cUma  =s  36  sq.  rods. 

The  actus  quadratus  =  144  sq.  rods. 

The  jugerum  z=  288  sq.  rods,  being  an  oblong 
piece  of  ground,  consisting  of  two  actus.  It 
means  the  amount  ploughed  by  a  yoke  of  oxen 
in  one  day  (<<  jugerum  vocabatur  quod  uno  jugo 
boum  in  uno  die  exanri  posset,"  Plin.  xviii.  9). 

The  heredium  =  2  jugera.  So  called  (accord- 
ing to  Varro)  from  two  jugera  being  the  birth* 
right  of  every  Roman  citizen. 

The  centuria  =:  200  jugera  generally,  but 
varied,  at  times  containing  50,  210,  240,  or  400 
'jugera.  From  its  name  it  is  not  improbable 
that  it  originally  contained  100  jugera  {"  cen- 
turia prime  a  centum  jugeribus  dicta  est,  post 
dnplicata  retinuit  nomen,"  Varro^  £.  J2.  v.  34)^ 

The  saltus  s  SOOjti^erci. 

The  term  jugum  was  used  in  Spain  to  denote 
a  day's  work  of  a  yoke  of  oxen  (Varro,  JR.  B.  L 
10). 

Acnua  was  the  Latin  name  for  the  Roman 
actus  quadratus  (Varro,  B.  B.  i.  10),  likewise 
used  by  the  farmers  of  the  province  of  Baetics 
in  Spain  (Colum.  v.  1,  5). 

X  2 


164 


MENSUBA 


Poroa  was  the  name  given  in  Baetica  to  a 
piece  of  groand  180  x  30  feet. 

Arepewnis  was  a  Gaulish  anit  of  land  measare, 
corresponding  in  size,  according  to  Columella 
{y,  \\  to  the  Roman  actus  quadratut.  Hence 
French  arpeni* 

The  Romans  likewise  applied  the  system  of 
the  as  to  land  measure ;  regarding  the  jugerum 
as  the  as  or  unit,  they  carried  out  its  sub- 
division on  the  rigid  duodecimal  system  (pide 
Tables  at  the  end  of  the  volume). 

Measures  of  Capacity, — ^The  most  important 
products  of  ancient  agriculture  are,  on  the  one 
hand,  wine  and  oil,  on  the  other  various  kinds 
of  com.  Hence  naturally  arose  two  kinds  of 
measures,  liquid  and  dry.  The  smaller  units 
are  common  to  both  systems  (vide  Tables). 

Liquid  and  Dry.  —  The  KvaBos,  cyathus 
(according  to  some  connected  with  ic^Xi{,  and 
possibly  originally  meaning  a  kind  of  gourd), 
was  the  unib  in  common  use.  It  contained  about 
4  centilitres  =  0*08 'English  pint.  A  smaller 
measure  =  }  cyathuSf  culled  ligula  (spoon)  or 
cocA^mr  (mussel-shell),  was  sometimes  employed. 

*0^ifia/po¥f  acetabulum,  vinegar  bottle,  =  !( 
cyatJti, 

QuartariuSf  so  called  from  being  \  sextat'ius,  s 
3  cyathi,  has  no  Qreek  equivalent. 

KoT^Xij,  at  Athens,  was  a  kind  of  bowl, 
called  rpi^/SAtor  in  other  parts  of  Greece,  and 
the  same  as  the  Sicilian  ^fura  (the  half  mina  = 
iffjufAwaiow),  which,  borrowed  by  the  Romans, 
=  i  sextarius  =  6  cyathi, 

B^0Ti}f,  sextarius  =  12  cyaihi.  Udartis  is  a 
loan  word  from  the  Roman  sextarius,  so  named 
as  the  i  of  con^nis. 

So  tar  the  measures  are  common  to  both 
systems,  but  they  now  diverge  as  follows  :— 

Liquid, — Xovs,  oongius  (derived  from  itirmi) 
=  12  KorritXai.  Its  half,  the  hy^x^^^  (piur. 
^idx^a),  also  is  found :  ii/udfi^opow  (or  itfiucd' 
5ioy),  uma, 

'A/i^pc Jf,  amphora  (kft^i^opt^s.  Homer),  the 
large  wine  jar  with  handles  on  both  sides,  as  it 
was  used  for  the  storing  of  wine,  was  used  as 
the  chief  unit  of  liquid  measure.  It  was  also 
called  Kdios,  cadus.  The  Roman  amphora  ss  8 
congii  =  48  sextarii  =  576  cyathi, 

VLrrpftiiT^s  is  commonly  used  as  equivalent  of 
hfu^pwi,  but  strictly  was  larger. 

CuUeus,  tun,  =  20  amphorae. 

Dry, — ^The  Greek  (distinctively)  dry  measure 
starts  from  the  Kvrixri,  the  Roman  from  the 
sextarius. 

Xowi^  (mentioned  in  Homer,  Od,  zix.  28),  a 
day's  allowance  for  a  man  at  Athens,  =  4 
.jcori^Xai. 

'H/iiUitroy,  semodius,  the  half  of  the  following, 
=  4xoiytK9s, 

'Eirrevs,  or  iMtos,  modius.  The  first  name  is 
the  Old  Attic,  but  the  second  is  already  used  by 
Deinnrchus.  The  former  indicates  that  it  is  ^  of 
the  chief  unit,  the  medimnus, 

Vi^ifiMos  at  Athens  =  8  modu.  The  Romans 
did  not  employ  this  measure,  but  only  modius  or 
its  compounds,  such  as  trimodium, 

.Ptolemaic, — ^To  above  we  may  add  certain 
measures  in  use  in  Egypt  under  Ptolemaic  and 
Roman  rule,  for  which  see  also  Tables. 

U{t\o¥  =  3  royal  cubits  =  72  fingers. 

'Xxo^os^  an  itinerary  measure,  usually 
counted  equal  to  the. Persian  Parasang  (=30 


MERCENARII 

stades),  but  actually  containing  32  stades  of  th( 
commun  Greek  standard.  It  was  probably  alsi 
in  use  among  the  Hebrews. 

"Afi/ia  =10  fathoms  =  60  feet.  Its  iqaari 
was  used  as  a  land  measure. 

HX^^^^P"  ^"^  another  name  (probably  tin 
Greek  one)  of  the  (Egyptian)  ^fta  just  described 

ll»iedpioy,  with  the  addition  of  HtKoipyvun 
was  another  name  applied  to  the  square  ififta 
being  a  name  derived  from  the  amount  of  see 
required  to  sow  that  amount  of  land. 

"Apovpa  was  a  piece  of  ground  100  cubit 
square,  and  which  formed  the  regular  Egjptisi 
land  unit  from  early  times.  (Herod,  ii.  168,  ■ 
5i  ipovpa  iKoerhw  viix^^y  iarX  AlytnrrUtpwatrrj 

Bibliography,  —  F.  Hultsch,  Metrologicona 
Scriptorum  Reliquiae,  Lipsiae,  1864>  1866,  ui 
Griechische  und  rOmischc  Metrologie,  2nd  ed 
Berlin,  1882;  J.  Brandis,  Z>at  MOnx;  ifm 
und  Oewichtswesen  in  Vorder  Asitn,  Berlti 
1866 ;  Vasquez  Queipo,  Essai  sur  les  Systeau 
m^riques  et  mon€taires  des  ancum*  Pfuplc 
Paris,  1859;  A.  Boeckh,  Metrologische  Unlet 
suchungen  uber  Oewichte,  MOnzfusse  und  Maa 
des  Alierthums  in  ihrem  Zusammenhange,  Berlii 
1838 ;  Hussey,  An  Essay  on  ths  ancient  Weight 
and  Money,  and  the  Soman  a»id  Greek  liqm 
Measures,  with  an  Appendix  on  the  Roman  on 
Greek  foot,  Oxford,  1836  ;  W.  M.  Flinders  Petiii 
Inductive  Metrology;  R.  Lepsius,  LSngenmaia 
der  Alten,  Berlin,  1884.  [W.  Rl] 

ME'NUSIS  Oiiyvatt).  [Eoclesu,  Vol  I 
p.  702  a.] 

MEBCENA'Rn  (juaBenoi,  /lurBo^poh  mo' 
commonly  ^4roi  or  rh  (criie^yX  mercenary  troops 
At  an  early  period  there  was  no  such  thing  as  1 
standing  army,  or  mercenary  force,  in  the  Gnt 
republics.  The  former  would  have  excite 
jealousy,  lest  it  should  oppress  the  people,  s 
the  chosen  band  did  at  Argos(Pausan.  ii.  20,  §3j 
Thuc.  V.  81);  and  for  the  latter  there  va 
rarely  any  occasion.  The  citizens  of  every  stat 
formed  a  national  militia  for  the  defence  of  thd 
country,  and  were  bound  to  serve  for  a  certsi 
period  at  their  own  expense,  the  higher  claast 
usually  serving  in  the  cavalry  or  heavy-anne 
infantry,  the  lower  classes  as  light-armed  troop 
Foreigners  were  rarely  employed;  the  Csrian 
Cretans,  and  Arcadians,  who  served  as  mero( 
naries  (Herod,  i.  171 ;  Pansan.  iv.  8,  §  3 ;  10,  §  1 
19,  §  4 ;  Wachflnuth,  Nell,  Alterth.  vol.  i.  pt 
p.  30 ;  Schdmann,  Ant,  jur,  pub.  Or.  p.  159),  si 
an  exception  to  the  general  rule.  In  the  Persia 
war  we  find  a  small  number  of  Arcadians  ofiei 
ing  to  serve  under  Xerxes  (Herod,  viii.  26);  si 
they  seemed  to  have  used  themselves  to  sti< 
employment  down  to  a  much  latter  period,  moc 
as  the  somewhat  similarly  situated  people  j 
Switzerland  did  in  the  16th  century.  (XenopI 
H^len,  vii.  1,  §  23 ;  Schdmann,  op,  dt.  p.  409 
The  practice  of  maintaining  a  standing  force  vi 
introduced  by  the  tyrants,  who  kept  gusrdi  an 
soldiers  in  their  pay  (Jiopv^6poi,  fiurBe^ip^)  ^ 
prevent  insurrections  of  the  people,  and  presen 
their  influence  abroad.  As  it  was  unsafe  t 
trust  arms  in  the  hands  of  their  own  sabject 
they  usually  employed  foreigners.  (Tboc.  ^ 
55;  Diod.  xl.  67,  72;  Ar.  Pol,  ui.  14.  7.)  ' 
will  be  sufficient  on  this  topic  to  refer  to  J»c 
of  Pherae  and  his  successors,  and  the  Siceii< 
tvranU  of  Gela  and  Syracuse,  as  instance) 
F'rom  their  history  the  dangers  of  the  system  i 


MERCEXABn 

%i\\  IS  iU  use  can  be  traced  out  (see  Grote,  Sist. 
^  Grfw,  X.  613  ff. ;  xi.  286  ff. ;  ziL  540  ff.). 
H^aoCf  and  because  citizen  soldiers  used  to  fight 
vithoat  pay,  (croi  came  to  signify  mercenarie$, 
(Hirpoc.  s.  V.  Zanrwofi4rovs.')  We  must  distin- 
pdih,  hoveTer,  between  those  who  fought  as 
i^iiljtfies,  whether  for  pay  or  otherwise,  under 
coamiiaon  from  their  own  country,  and  those 
v'HQ  did  not.  The  former  were  Micovpot,  not 
{fift.  (Herod.  L  64,  iiL  45,  r.  63;  Thucyd.  i. 
6i),  115,uL  34,  ir.  80.)  The  terms  ^4yoi  and 
(fvtf^  implied  that  the  troops  were  independent 
ii,  or  serered  from,  their  own  country. 

Th«  first  Grecian  people  who  commenced  the 

eeploTment  of  mercenaries  on  a  large  scale  were 

tke  Athenians.    While  the  tribute  which  they 

RCKircd  from  the  allies   placed  a  considerable 

RT€fiQe  at  their  disposal,  the  wars  which  their 

acbittoQ   kd  them   into   compelled    them    to 

caicUb   a    Urge   force,  naval  and  military, 

vfaidi  tbeir  own    population  was    unable  to 

lopplj.    Hence  they  swelled  their  armies  with 

i^<ra|iien.     Thncydides  makes  the  Corinthian 

tabusador  at  Sparta  say,  i^rrir^  ^  'A^ijkJmv 

Ivnifus  (u  121).    They  perceived  also  the  ad- 

n&Uge  of  employing  men  of  different  nations 

is  thit  lerrice  for  which  from  habit  they  were 

tM  qualified ;  aa,  for  instance,  Cretan  archers 

tti  slisfcn,   Thradan   pelUstae.     (Thuc.   ri. 

2%  Til.  27;  Aristoph.  Aeham,  159.)    At  the 

■ate  tbne  the  practice  of  paying  the  citizens 

vu  mtrodaced ;  a  measure  of  Pericles,  which 

w  indeed  both  just  and  unavoidable  (for  no 

3a&  vas  bound  by  law,  or  could  be  expected,  to 

oniataiB  himself  for  a  long  cctmptxipi) ;   but 

vUeh  tended  to  efface  the  distinction  between 

U«  native  soldier  and  the  foreigner.     Other 

G»ek  natioiis   toon    imitated    the    Athenians 

(Tkof.  iv.  76),  and  the  appetite  for  pay  was 

peatly  promoted  by  the  distribution  of  Persian 

a^wj  among  the  belligerents.    (Thuc  viii.  5, 

'X  45 ;  Xenoph.  BelUn.  i.   5,  §  3.)    At  the 

^^•9t  of  the  Peloponnesian  war,  large  numbers  of 

K«a  vho  had  been  accustomcMi  to  live  by  war 

*«re  thrown  out  of  employment ;  many  were  in 

oiU  or  discontented  with  the  state  of  things  at 

l^<«M  (Uocr.  ArehidU  §  68);  all  such  persons 

^cft  eager  to    engage    in  a  foreign  service. 

^^  there  arose  in  Greece  a  body  of  men  who 

saie  anas  their  profession,  and  cared  little  on 

▼^:ch  ade  they  fonght,  provided  there  were  a 

eatable  prospect    of    gaining    distinction    or 

'molasMnt.    Conon  engaged  mercenaries  with 

P^niaa  money.      Agesilaus    encouraged    the 

pnetice,  sad  the  Spartans  allowed  the  members 

cf  thar  eoafederacy  to  furnish  money  instead  of 

i&a  for  the  same  purpose.    (Xenoph.  HeU,  iii. 

*.§  15;  iy.  3,$  15;  v.  2,  §  21.)    The  Greeks 

vho  followed  Cyrua  in  his  expedition  against 

^ituerxcs,  were  mercenaries.    (Xenoph.  Anoi>. 

^\  §  21.)    So  were  the  famous  peltastae  of 

^nii  and  Iphicntes.     (Harpocr.  s.  v.  Bevucbv 

^  l»^ :  Aristoph.  Plut,  173.)   The  Phocians, 

^^  Philomelas,  Onomarchus,  and  Phayllus, 

^*'^  <m  the  sacred  war  by  the  aid  of  merce- 

*^  ptid  out  of  the  treasures  of  the  Delphian 

^'   (Diod.  xvL  30,  &c)    But  higher  pay 

"*1  lichcr  plunder  were  in  general  to  be  found 

^  ^  where  the  disturbed  state  of  the  empire 

*J^  eoatiaucd  occasions  for  the  services  of 

'nek  auxiliaries,  whose  superior  discipline  and 

^<n|e  were  felt  and  acknowledged  by  the 


M£B()£NARU 


165 


Barbarians.  Even  the  Spartans  sent  their  king 
Agesilaus  into  Egypt,  for  the  sake  of  obtaining 
Persian  gold.  Afterwards  we  find  a  large  body 
of  Greeks  serving  under  Darius  against  Alex- 
ander. It  is  proper  here  to  notice  the  evil 
consequences  that  resulted  from  this  employment 
of  mercenaries,  especially  to  Athens,  which 
employed  them  more  than  any  other  Greek  state. 
It  might  be  expected  that  the  facility  of  hiring 
trained  soldiers,  whose  experience  gave  them 
great  advantages,  would  lead  to  the  disuse  of 
military  service  by  the  citizens.  Such  was  the 
case.  The  Athenian  citizens  stayed  at  home  and 
became  enervated  and  corrupted  by  the  love  of 
ease  and  pleasure ;  while  the  conduct  of  warn, 
carried  on  for  their  benefit,  was  entrusted  to 
men  over  whom  they  had  little  control.  Even 
the  general,  though  commonly  an  Athenian,  was 
compelled  frequently  to  comply  with  the 
humours,  or  follow  the  example  of  his  troops. 
To  conciliate  them,  or  to  pay  them  their  arrears, 
he  might  be  driven  to  commit  acts  of  plunder 
and  outrage  upon  the  friends  and  allies  of  Athens, 
which  thus  found  enemies  where  she  least 
expected.  It  was  not  unusual  for  the  generals 
to  engage  in  enterprises  foreign  to  the  purposes 
for  which  they  were  sent  out,  and  unconnected 
with  the  interests  of  their  country,  whose 
resources  they  wasted,  while  they  sought  their 
own  advantage,  like  the  oondotUeri  of  the  14th 
and  15th  centuries.  The  expeditions  of  Chabrias 
and  Iphicrates  to  Egypt  are  examples  of  this. 
But  the  most  signal  example  is  the  conduct  of 
the  adventurer  Charidemus.  Upon  all  these 
matten  we  may  refer  the  reader  more  particu- 
larly to  Demosthenes,  whose  comments  upon  the 
disastrous  policy  pursued  by  his  countrymen 
were  no  less  just  than  they  were  wise  and 
sUtesmanlike.  (Demosth.  PAt/tp.  i.  p.  46,  §  27 ; 
c.  ilns^ocr.  pp.  666,  §§  163-166 ;  wepi  rov  irr*^. 
rri%  rpitip,  p.  1232,  &c. ;  Isocr.  P<meg.  §  195, 
ad  Phiiipp.  §  112;  Grote,  Hist,  of  Gr^ece^ 
vol.  xi.  pp.  390  ff.) 

Among  the  Romans  before  the  Empire  the 
non-Roman  part  of  the  army  was  composed  of 
auxiliary  troops  from  states  allied  or  subject, 
which  cannot  strictly  be  called  mercenaries. 
(See  however  Exercitus,  Vol.  I.  p.  785.)  To 
this  it  is  true  there  is  some  exception  in  the 
employment,  even  in  the  Punic  and  Jugurthine 
wan,  of  mercenary  Ught  troops,  as  archera  and 
slingen,  from  Africa,  Crete,  Syria,  &c.  (Liv. 
xxii.  37,  xxiv.  20 ;  Appian,  Hitp,  89,  &c)  But 
this  was  very  different  from  such  a  case  as  that 
of  Carthage,  who  was  conspicuously  and  un- 
fortunately prominent  as  the  example  of  a  state 
depending  for  her  protection  on  mercenary 
troops.  As  the  Roman  empiro  graw,  the  fact 
that  legions  were  levied  in  various  countries 
out  of  Italy  did  not  make  them  mercenaries  in 
the  proper  sense :  but  the  system  of  donatives, 
especially  to  the  praetorian  guards,  gradually 
gave  to  Roman  troops  the  character  and  the  danger 
of  a  mercenary  force.  Moreover,  whereas  the 
armies  at  first  consisted  of  Roman  citizens,  and 
the  conquered  provinces  supplied  tribute  for 
their  support,  when  the  provincials  received  the 
civitas  it  followed  that  the  poor  became  soldien 
and  the  rich  supplied  money.  This  tendency 
was  strengthened  by  the  law  that  those  who 
paid  the  land  tax  should  not  bear  arms  (on 
which  point  Gibbon  iii.  65  seems  to  be  in  error). 


160 


MERENDA 


METALLUH 


and  accordingly  nnder  Constantine  we  find  the 
army  recraited  by  slavei  and  barbarians,  and 
in  great  measure  of  a  mercenary  character.  In 
the  wars  of  Justinian  we  find  a  twofold  army : 
(1)  leyied  by  conscription  of  citizens  in  yarious 
provinces,  and  of  barbarians  who  were  allowed 
to  occnpy  certain  lands  on  condition  of  military 
service ;  and  (2)  another  kind,  and  that  too  the 
best  and  strongest  portion,  provided  by  princes 
dwelling  on  the  borders  of  the  empire,  such  as 
the  Heruli  and  Gepidae,  who  received  subsidies 
and  provided  troops  under  their  own  leaders. 
Instances  of  wholesale  desertion  by  such  alien 
contingents  (which  may  remind  us  of  the  Swiss 
mercenaries  of  the  age  of  Charles  V.)  occur  even 
nnder  so  great  a  general  as  Belisarios.  It 
would  be  out  of  place  here  to  pursue  the 
question  into  greater  detail :  reference  may  be 
made  to  Finlay,  Hist,  of  Grteoe,  i.  144,  204,  ii. 
27,  &c.  [C.  R.  K.]    [G.  E.  M.] 

MEBENDA.  [Cena,  Vol.  I.  p.  395  a.] 
MEBGA.  [Aqsioultura,  Vol.  I.  p.  64.] 
MEBIDIA'NL  [Gladiatobbb.] 
METAE.  [CiBCUS,  Vol.  I.  p.  435  a.] 
METAGEI'TNIA  (furayttrwia,),  a  festival 
celebrated  by  the  Attic  demos  Melite,  in  honour 
of  Apollo  Metageitnioa.  The  chief  solemnities 
ooDsisted  in  offering  sacrifices,  and  the  festival 
was  believed  to  commemorate  the  emigration 
(ynrvtwrif  vphs  ir4pous}  of  the  inhabitants  of 
Melite  to  Diomis.  (Plut.  de  JSxil.  §  6 ;  comp. 
Suidas  and  Harpocrat.  t,  o.  Mcrcryciryuiy.)  But 
it  seems  not  improbable  that  the  institution  of 
this  festival  is  connected  with  the  extension  of 
the  worship  of  Apollo  so  as  to  embrace  all 
classes,  under  the  influence  of  Epimenides  (cf. 
Curtius,  BUt.  of  Greece^  i.  323).  The  idea  of 
migration  in  the  worship  of  Apollo  is  indicated 
in  the  story  of  Ion,  and  from  that  idea  may 
come  the  title  Metageitnios  given  to  Apollo  and 
thence  to  the  Attic  month.  [L.  S.]    [G.  E.  M.] 

METALI4UM  Oi^aAAoy>  The  Greek  word 
bears  only  the  meaning  of  mine ;  the  Latin  means 
either  a  mine  or  its  product,  mineral  or  metal. 
I.  Metala  m  Antiqmty,-^Oi  the  precious 
metals — gold,  silver,  electrum,  and  copper — we 
have  spoken  under  Aurum,  Aboentum,  Eleo 
TBUM,  and  Aes.  It  remains  to  speak  briefly  of 
the  commoner  metals. 

(a)  Iron  (ferrum,  <r(^pos).  Although  iron 
ore  is  common  in  all  countries,  yet  the  difficulty 
of  smelting  and  manufacturing  iron  is  so  great 
that  it  is  one  of  the  latest  of  metals  to  come 
into  use  in  the  course  of  history.  Of  this  fact 
the  Greeks  were  aware,  and  the  knowledge 
moulded  the  traditiona  recorded  in  Hesiod's 
Works  and  Days,  in  which  the  heroic  age  is 
represented  as  an  age  of  bronze :  rois  f  ^y 
xhiK^a  ii\v  rc^x*^  x^^c^t  '^  ^*  oTjcoi, 
XoXicy  8*  c^p7«(Corro,  /li^Aof  V  ohK  l<ricc  <ri9npos 
(L  150).  The  transition  from  this  age  of  bronze 
to  an  age  when  iron  was  commonly  employed 
was  very  gradual,  and  took  place  in  various 
countries  at  different  times.  In  Greece  it  was 
In  progress  in  the  Homeric  age.  In  the  Iliad 
swords  are  often  made  of  iron  (zviii.  34,  /lii 
AouM^y  &rorfi4(eic  tf-iS^py),  but  it  is  specially  in 
use  for  ploughshares  and  other  agricultural 
implements  (//.  xziiL  826):  the  axle  too  of 
Hera's  chariot  is  of  iron  (Ii.  v.  722).  But  defen- 
sive armour,  as  well  as  the  heads  of  axes  and 
points  of  spears  and  arrows,  were  an  the  Homeric 


age  still  made  of  bronze ;  and  the  epithet  voXt 
KfiriTos  which  is  applied  to  iron  shows  thtt 
was  still  worked  with  difficulty.     Many  write 
have  supposed  that  the  word  kOcvos  in  Horn* 
stands  for  steel;   but  it  has  been  proved  I 
Lepsius  that    this    is  incorrect,    and   that 
really  means  either  lapis-lazuli  or  an  artifici 
imitation  of  that  mineral,    and    the  view 
Lepsius  has  been  confirmed  by  the  discovery 
a  frieze  of  alabaster  and  glass  (6pryicbt  mkbvt 
in  one  of  the  rooms  of  the  very  early  palsoe  1 
Tirps  (Schliemann,  TSrynSj  p.  287). 

lirom  this  time  the  use  of  iron  gradaal! 
spreads.  In  one  passage  of  the  Odyssey  (ix.  39 
knowledge  is  shown  of  the  process  of  hardenii 
iron  by  repeated  plunging  when  hot  in  wat 
[Lacus]  :  in  Hesiod's  ShiOd  of  Nerakles,  ih 
hero  is  represented  as  arming  himself  with 
helmet  of  steel,  icwhi  iZd/uarros.  In  the  age  < 
Croesus,  Glaucus  of  Chios  is  said  to  hare  di 
covered  how  to  solder  iron  {aMipov  tcoKKiiffis 
After  that,  iron  was  used  in  Greece  not  only  f< 
arms  and  utensils,  but  also  for  works  of  ar 
But  we  must  beware  of  supposing  that  the  w 
was  at  this  time  universaL  Herodotus  saj 
that  the  Massagetae  in  his  time  used  no  iroi 
and  that  the  Aethiopians  in  the  army  of  Xen< 
used  arrows  with  points  of  stone,  snd  lanc( 
with  points  of  horn.  The  general  use  of  in 
passed  slowly  westward  and  northward,  and  Uw 
several  centuries  to  reach  the  Gauls,  Briton 
and  Germans,  as  is  proved  by  the  long-contioufl 
prevalence  of  bronze  as  a  material  for  weapon 
in  cemeteries,  such  as  that  of  Hallstadt. 

The  nature  of  the  process  by  which  an  ird 
age  succeeded  in  various  countries  an  age  c 
bronze  is  well  discussed  by  Mr.  John  Evans  i 
the  Introduction  to  his  work  on  AndaU  Bnm: 
Implements, 

Herodotus  and  Pausanias  give  ns  a  dea 
record  of  this  process  as  regards  Greece.  Ii 
the  time  of  Croesus,  during  a  war  with  Teg« 
the  Spartans  found  bones  supposed  to  belong  ti 
Orestes  under  a  smithy  used  for  the  manofacton 
of  iron  weapons  (Hdt.  i.  67).  Commenting  oi 
this  story,  Pausanias  (iii.  3,  6)  remarks  thai 
the  arms  of  the  heroic  age  preserved  in  Greel 
temples,  such  as  the  spear  of  Achilles  and  th< 
sword  of  Hemnon,  were  of  bronze,  but  that  h] 
the  time  of  Croesus  iron  was  generally  ^tstd  foi 
weapons. 

We  are  told  by  Pliny  (/T.  K.  xiv.  5  139)  thai 

when  Porsena  had  conquered  the  RomaDs,  h( 

forbade  them  to  use  iron  except  for  agricnltnnl 

purposes ;  which  would  indicate  that  thej  v^ 

already  accustomed  to  use  arms  of  iron.  ^ 

their  earlier  encounters  with  the  Gaols  tfa4 

Romans  are  said  to  have  had  the  adfsatage  t-i 

using  swords  of  a  superior  quality  to  those  fj 

their  enemies,  which  bent  at  every  st^ok^Mi 

had  to  be  straightened  by  the  foot.    Mr.  Kracs. 

however,  considers  that  these  inferior  ^*'Pf  * 

were  made,  not  of  bronze,  but  of  soft  iron.   Tn- 

Cimbri  who  invaded  Italy  in  the  time  of  Manu* 

had,  according  to  Plutarch,  not  only  swonU  afri 

javelins,  but  even  breastplates   of  iron.  ^^ 

Caesar's  time  the  Gauls  were  expert  ia  worimc 

iron,  and  even  made  chains  of  it  for  their  sup* 

(^.  0.  iii.  13).  ^     _ 

In  Greece  the  dUes  of  Chalds  and  Lsoedaemfn 

were  celebrated    for    their   iron  good*.     }^ 
sword-blades  of  Chalds  were  praised  in  Acicft)- 


METALLUH 


METALLUM 


167 


\^  (Plat  de  Jkf,  Orac^  43):  weapoxu  and 
&jncaltanl  implements  of  Bieel  were  largely 
B^e  at  Laoedaemon  (Steph.  Byzant.  s.  r.).  JNot 
ia:reqa«nt)y  iron  was  nsed  as  a  material  for 
verb  of  art:  Alcon  made  an  iron  statae  of 
Henklei^  and  iron  Teasels  were  dedicated  in  the 
toiple  of  Mars  Ultor  at  Rome  (Plin.  H.  H.  xxxiv. 
{ UI)i  Bat  as  a  rale  the  Greeks  did  not  excel 
a  tiie  working  of  iron,  but  imported  goods  in 
uis  metal  from  nations  at  a  lower  level  of 
dTiliution.  Most  noted  were  the  Chalybes  of 
Pticias,  known  to  Aeschylns  (Frotn,  V,  714)  as 
tAttfVTtKTtvu  XJXvjScs:  Xenophon  (Anab.  y. 
S,1)mj5  they  lived  entirely  by  iron-work.  The 
ELinofictore  of  arms  and  armour  was  carried  to 
&  high  point  of  perfection  by  the  people  of 
Cjprusy  who  famished  Alexander  the  Great 
with  1  sword,  and  Demetrius  Poliorcetes  with  a 
coins  of  wonderfal  power  of  resistance.  In  the 
tiCM  of  Pliny  (if.  if.  xxxlr.  §  145)  the  best  iron 
i:iiae  from  China,  the  second  best  from  Parthia. 
Jiui  vas  fonnd  in  large  quantitite  in  the  island 
cf  Qba  (Aethalia),  ana  thence  exported  to  the 
uighbooring  Popalonia,  where  it  was  worked. 
Tvictiun  in  Spain  was  celebrated  even  in  Roman 
times  for  sword-blades,  and  the  toreutic  art  was 
applied  to  iron  at  Cibyra. 

We  are  told  that  a  currency  of  iron  was  in 
ue  It  Sparta  in  antiquity,  and  this  story  has 
UoMoe  more  credible  since  the  discovery  of  iron 
o-iot  of  A^os  and  other  Peloponnesian  cities. 
Ttit  people  of  Byxantium  alto  used  iron  coins 
iPoUoi,  ix.  78). 

The  eitreme  variation  from  place  to  place  in 
the  Talae  of  metals  may  be  shown  from  the 
statement  of  the  anthor  of  the  Periflm  B,  M, 
(^  o9),  that  on  the  Arabian  shore  of  the  Red 
^  gold  passed  as  equivalent  to  three  times  its 
Weight  of  copper,  half  its  weight  in  iron,  and 
tt^te&th  its  weight  in  silver. 

W  I'«ad  {Plumbttai  wgrum;  fi6kvfiSosy.  An 
Kcoant  of  the  sources  and  uses  of  lead  in 
utiqmtj  will  be  found  in  Pliny  {ff.  N,  xxxiv. 
§§  156  ff.).  Its  easiness  to  work  and  its  im- 
perishable nature  made  it  useful  for  certain 
p^*pQscs,  as  for  coffins  and  pipes.  Its  great 
nloc  in  medidne  as  a  cooling  remedy  was  also 
•bIIj  reoogoised.  Bnt  it  was  scarcely  used  for 
P^^nxMMof  art. 

(t)  Tia  (P/tiin6i0n  aBnan).    Few  metals  were 

3i  sBtiqoity  more  widely  used  or  more  indispen- 

sahic  than  tin.     The  implements  and  arms  of 

tk«  braue  age,  the  chief  means  of  living  during 

B^J  ceataries,  contain    almost  invariably  a 

poportioD  of  tin.    Tin  {Koffffirtpos)  was  in  the 

acoeric  age  largely  used  for  the  decoration  of 

inas.   Tet  tin  is  a  rare  metal,  and  not  found  in 

t^  Lersat.     Herodotus  (iii.  115)  gives  as  its 

■ccrcc  .islands  of  the  Western  Sea,  the  Cassi- 

^^^  geoerally  identified  with  the  Scilly  Isles, 

vhcre  I'm  is  abundant.     Diodoms  derives  the 

BcUl  from  the  British  coast.   But  PUny  (xxxiv. 

I  ^^)  rejects  these  accounts  as  fiibulons,  and 

^Ji  that  it  came  from  Gallaecia  and  Lusitania 

■^  S(aia.  The  likeness  of  the  Greek  word  KOffei- 

^«P«tothe  Sanskrit  kasUra  has  induced  some 

^^"^au  to  think  that  the  chief  source  of  tin 

*»  tht  coast  of  India.      In  any  case  it  is 

N»We  that  the  purveying  of  it  to  the  peoples 

^  S«atH  Eorope  was  an  employment  of  the 

j^tKudsna,  and  one  of  the  chief  sources  of 

»^  wealth. 


(5)  Stanunm.  Pliny  (xxxiv.  §  159)  says  that 
when  mixed  ores  of  silver  and  lead  are  melted 
together,  the  first  liquid  product  is  stannum, 
the  second  silver.  Stannum  was  used  for  plating 
bronze  vessels,  for  mirrors,  horse-trappings  and 
other  purposes. 

(e)  Quicksilver  (argentum  vivum;  ^pdfryvpoSf 
&pyupos  x^T^s).  The  use  of  quicksilver  in  gold 
mining  was  known  to  the  ancients  (Pliny,  if.  iT. 
xxxiii.  §  99).  It  was  commonly  produced  arti- 
fidallv  out  of  cinnabar  (Dioscor.  ds  M.  M,  v. 
110). 

{\)  Zinc.  The  metal  zinc  does  not  seem  to  be 
mentioned  by  ancient  writers,  the  word  <nro8<$r 
(Diosc.  de  M.  M.  v.  85)  meaning  only  oxide  of 
zinc.  But  in  the  analysis  of  Roman  coins  zinc 
is  found  in  considerable  proportions.  It  is 
present  in  some  of  the  pieces  of  atz  grave  found 
at  Vicarello ;  and  in  the  large  coins  of  yellow 
brass,  sestertii  and  dupondii,  issued  by  Augustus 
and  his  successors,  the  proportion  of  zinc  to 
copper  is  sometimes  more  than  1  to  3  (Momm- 
sen,  Udm.  Munzuiesen,  p.  763). 

(if)  Nickel.  This  metal  was  used  for  coins  by 
some  of  the  Greek  kings  in  India  in  the  3rd 
century  B.C.  (Numismatic  CJaronide,  1868,  p.  305). 

The  passages  in  ancient  writers  bearing  on  the 
subject  of  metals  and  minerals  are  collected  and 
translated  into  German  by  Lenz  in  his  Mineralog, 
d,  alien  Griechen  und  EGmer,  1861.         [P.  G.] 

II.  Working  of  Mines  in  Antiquity, — ^The  sub- 
ject of  the  working  of  mines  in  ancient  times 
is  obscure  and  difficult.  It  is  only  with  re- 
ference to  the  silver  and  lead  mines  of  Laurion 
in  Attica,  and  the  gold  and  silver  mines  in  Spain, 
that  we  have  any  considerable  data.  Boeckh  in 
his  Dissertation  on  the  Silver  Mines  of  Laurion 
(printed  as  an  appendix  injthe  English  transla- 
tion of  his  Public  Economy)  discusses  fully  all 
that  is  known  about  the  former.  Xenephon,  de 
Vectigalibus,  4, 2  (a  chief  source  of  information 
on  the  subject),  says  that  the  mines  had  been 
worked  from  time  immemorial.  The  mines  were 
worked  by  means  of  shafts  and  adits,  and  by  the 
removal  of  whole  masses,  so  that  supports  alone 
(fitffoKpv€is)  were  left  standing.  The  processes 
of  fusion  carried  on  in  furnaces  on  the  spot  seem 
on  the  whole  to  have  been  of  the  same  imperfect 
kind  as  those  carried  on  in  other  ancient  mines. 
This  is  proved  by  the  fact  that  at  the  present 
time  a  very  handsome  revenue  is  obtain^  by  a 
French  company  from  the  working  of  the  scoriae 
of  the  mines  of  Laurion  by  modern  processes. 
The  ores  were  smelted  by  means  of  charcoal 
(&yOp<uc€s)f  the  chief  supply  of  which  came  from 
Achamae.  The  state  was  sole  proprietor  of  the 
mines ;  but  they  were  never  worked  directly  by 
the  stikte,  nor  did  the  state  ever  let  them  for  a 
term  of  years,  like  other  landed  property.  Por- 
tions of  them  were  sold  or  demised  to  individuals, 
with  the  reservation  of  a  perpetual  rent,  and 
these  leases  were  transferred  from  one  person  to 
another  by  inheritance,  sale,  and  every  kind  of 
legal  conveyance.  The  sale  of  the  mines  (that 
is,  of  the  right  of  working  them)  was  managed 
by  the  Poletae  (Poletae)  ;  this  right  was  pur- 
chased at  an  appointed  price,  in  addition  to 
which  the  possessor  paid  the  twenty-fourth  part 
of  the  net  produce  as  a  perpetual  tax.  The 
purchase-money  was  paid  direct  to  the  state; 
the  metal-rents  were,  in  all  probability,  let  to  a 
farmer-general.    The  income  derived  from  the 


168 


METALLUM 


mines  of  course  depended  on  a  variety  of  circoin- 
stances,  and  consequently  the  revenue  fluctuated. 
]n  the  time  of  Socrates  it  was  less  than  at  the 
time  when  Themistocles  persuaded  the  Athenians 
to  build  a  fleet  with  the  proceeds  of  the  mines 
instead  of  dividing  them.  Boeckh  estimates  the 
annual  revenue  at  that  time  as  33}  talents. 
Citizens  and  isoteleis  could  alone  possess  mines. 
The  number  of  owners  was  considerable.  The 
common  price  of  a  share  in  a  mine  was  a  talent, 
or  a  little  more.  The  labour  was  performed  by 
slaves  either  belonging  to  the  mine-owners  or 
hired:  great  capitalists,  such  as  Nicias,  who 
owned  1000,  bought  slaves  and  let  them  out  to 
the  mine-owners  at  a  drachm  per  diem.  There 
was  a  special  mining  law  (ji^roXkiKhs  »6fios)  and 
a  peculiar  course  of  legal  procedure  in  cases  re- 
lating to  mines  (BUat  ftcraAXcicaQ,  which  in  the 
time  of  Demosthenes  were  annexed  to  the  monthly 
suits.    [Emmenoi  Dikai.] 

Herodotus  (vi.  46)  tells  us  that  the  gold  mines 
of  Scapte  Hyle  brought  the  Thasians  an  annual 
income  of  80  talents,  and  the  mines  on  Thasos 
itself  a  sum  not  so  great. 

Diodorus  Siculus  (v.  36),  Strabo  (iii.  p.  146  ff.% 
and  Pliny  {ff.  N,  zxxiii.)  are  our  chief  sources 
of  information  for  the  working  of  mines  in 
Roman  times.  Diodorus  (v.  36)  describes  the 
elaborate  system  of  shafts  and  galleries  in  the 
mines  in  Spain,  the  methods  of  draioing  them  by 
cross  drains  and  the  use  of  the  pump  invented  by 
Archimedes,  and  the  miseries  of  the  workmen, 
who  were  slaves  and  criminals  (metallum  was 
one  of  the  regular  penalties  for  lesser  offences). 
Much  gold  was  obtained  in  Lnsitania  and  Gallicia 
by  washing  the  river-sands  in  wicker  baskets  or 
cradles,  just  as  placer  gold  is  worked  in  modem 
times.  Strabo  (iii.  p.  146)  describes  the  process 
of  refining  the  gold  found  in  nuggets  (irdKat, 
fiovKoi),  The  nuggets  were  first  refined  by  means 
of  an  astringent  clay  containing  vitrei  {trrvwrrf- 
puiSris  yrf):  the  metal  thus  obtained  was  called 
electnun,  a  mixture  of  silver  and  gold.  This  was 
again  subjected  to  a  refining  process,  the  silver 
was  burnt  away  (iLiroical§<r$€u)  and  the  gold 
remained.  On  account  of  its  soft  nature  gold 
was  melted  by  means  of  a  fire  of  chaff  (jUx^P^Ot 
the  heat  of  coal  (JkvBpa^)  being  considered  too 
strong  and  wasteful.  Gold  dust  was  obtained 
by  washing  in  pits  dug  in  the  beds  of  the  streams 
(i¥  9^  ptiBpois  (T^percu  icol  T\6yrrai  iy  aKo^ais, 
^  bp{nrrrax  ^p4apf  ri  8i  Avci^cx^ciira  7^  irA^ 
vcToi).  They  built  tall  furnaces  for  smelting 
the  silver,  that  the  fumes,  which  were  con- 
sidered baleful,  might  be  carried  high  into 
the  air. 

Flinv  (H.  K  xxxiii.  §  66)  describes  three 
methods  of  gold  mining,  and  the  elaborate 
method  by  which  water  for  the  washings  was 
brought  in  a  series  of  pipes  or  troughs  along 
the  precipitous  sides  of  the  mountains  in  Gallicia. 
By  this  method  of  washing  some  authors  said 
that  20,000  lbs.  of  gold  were  obtained  annually 
in  Asturia  and  Gallicia. 

Under  the  Roman  Empire,  the  mines  and 
quarries  of  all  kinds,  whether  in  the  imperial 
or  senatorial  provinces,  were  worked  for  the 
emperor,  and  formed  part  of  the  revenue  for 
the  Fiscus,  and  also  for  the  emperor's  private 
purse,  although  under  the  Republic  mines  of  all 
kinds  belonged  to  private  persons.  Sometimes 
even  under  the  Empire  private  persons  owned 


MET0ECU8 

saltworks  and  quarries.  Thus  Herodes  Atticnt 
worked  the  quarries  of  Pentelic  marble.  Quarriifj 
in  some  cases  belonged  not  to  the  Fiscus,  but  to 
the  emperor's  private  purse  (patrmoniwn). 

There  was  no  central  organisation  for  working 
the  mines,  but  each  mine  or  mining  district  wis 
worked  separately  under  an  overseer  (procvraif^j 
e.g.  procurator  aurariorum),  probably  himsel:*  a! 
slave ;  sometimes  the  emperor  let  out  the  minesi 
to  a  company  of  publicani.  The  revenue  was 
managed  by  departments,  consisting  of  a  com" 
nymtariensiSf  a  dispensator,  a  UdnilcariWy  and  an 
arcarius.  Officers  such  as  a  tribunta  milttum^  s 
centttrion,  or  decurwn,  wei-e  detailed  to  superio- 
tend  the  carrying  on  of  the  operations.  Underi 
the  Empire  the  workmen  were  slaves,  fre«! 
labourers,  soldiers,  or  criminals.  In  the  latter 
case  there  was  a  military  station  always  uear 
the  mines.  (Marquardt,  StaatsverwaUvng^  ii.  262 
^^')    [Vectigalia.]  [W.  Ri.] 

METATO'RES.  [Castra,  Vol.  I.  p.  372.] 
METOECUS  (m^oiicos),  a  resident  foreigner, 
a  permanent  settler  in  an  alien  state.  Resident 
aliens  were  common  in  nearly  all  Greek  cities, 
especially  centres  of  commerce,  the  sole  known 
exceptions  being  Sparta,  whose  {cmfAo^^ai  were 
notorious  (Thuc.  i.  144,  ii.  39 ;  Xen.  Re$p,  Lac. 
xiv.  4),  and  possibly  Apollonia  (AeL  Var,  Hist. 
xiii.  16).  A  list  of  thirty-one  towns  which  are 
known  to  have  harboured  fi4roucot  is  given  br 
Schenki  ( Wiener  Stvdien,  1880,  ii.  p.  163  f.j, 
the  authorities  being  chiefly  inscriptional.  The 
name  appears  with  the  variants  ntf^iiroi,  vc8<(- 
FoMoi  (Argos,  C  /.  0,  14,  19),  and  $poucoi. 

The  fiwroiKoi  at  Atheiu.    1.  Institution  of  the 
class, — Mention  of  resident  foreigners  at  Athens 
is  made  by  Plutarch,  Solon  24  (ytif4a€at  woXlreus 
olf  Bimetal  [2^A«y]  wA^y  ro?f . .  .irairctfT^oif  'A^- 
»a(§  fUTouci(ofi4rots  Hr\  r4xi^)'     Yet  this  can 
hardly  be  taken  to  imply  that  all  craftsmen 
who  migrated  to  Athens  in  Solon's  time  receirri 
citizen  rights,  nor  do  we  find  in  the  fragments 
of  Solon's  laws  any  mention  of  a  class  inter- 
mediate  between  the  woAircu  and  ^ivot,  between 
whom  a  sharp  line  appears  to  have  been  drawn. 
It  seoms  more  probable  that  Cleisthenes  first 
created  the  ordo,    A  very  possible  interpreta- 
tion of  the  well-known  passage  Arist.  Pol.  iii- 
p.  1275  (roKKohs  yiip  i^Kmwrt  [KX«ie€4nis] 
\4wous  Kol  9o6\ovs  fAeroiKovs)  is  to  take  furoUovs 
in  a  non-technical  sense,  either  with  both  sub- 
stantives or  with  the  latter  only  (see  how- 
ever   Demub,    Vol.    1.    p.    616  6).     Now   the 
most  ancient    inscription  in  which  the  word 
occurs  as  the  designation  of  an  ordo  is  in  C.  I.  A. 
i.  2,  the  date  of  which  is  not  much  after  Clei- 
sthenes.    A  large  admission  to  citizenship,  sach 
as  Cleisthenes  had  carried,  would  necessitate 
the  definite  regulation  of  what  constituted  non- 
citizenship,  in  the  case  of  those  who  did  not 
now  become  enfranchised,  and  of  new  arrirals 
at  Athens.    Hence  the  **  order  '*  /jJroutot,  inter- 
mediate between  the  folly  enfranchised  woAtroi 
and  the  non-enfranchised  {^i. 

2.  Numbers.— ThxLc,  ii.  13,  after  mentioniog 
13,000  as  the  full  hoplite  citizen  force,  gives 
16,000  as  the  number  of  those  who  manned  the 
battlements,  consisting  of  vpco'/S^oroi  jrol  rc^a- 
roi  Kol  fi,4routOL  In  ii.  |l^l  he  distinctly  tells  os 
that  the  full  metoec  hoplite  force  amounted  to 
3,000.  Thus  the  whole  number  of  veArroi 
liable  to  military  service  between  the  ages  of  18 


M£TO£GUS 


METOECUS 


169 


ni  60  (taking  the  wptafivraroi  as  from  50  to 
>)i),  anJ  the  wwrteroi  at  from  18  to  20)  was,  at 
ttot  time,  13,000 +( 16,000 —3000X  ix.  26,000. 
'.luiwoaM  gire,  taking  1:4)  as  the  proportion 
W  giovD  males  to  the  rest  of  the  citizen  body, 
Karlr  120,000.  It  would  be  rash  to  infer  from 
tkis  the  namber  of  the  furoucoi  as  a  whole,  for 
ve  ik  not  know  that  the  hoplite  status  was  the 
use  iVr  fUroami  as  for  woKirm :  and  as  they, 
A  s  lule,  only  manned  the  walls,  they  must 
bre  b€cn  less  expoeed  to  loss.  The  number  of 
^•iBN  is  obscured  by  the  fact  that  special 
<inftingsof  fi^oucoi  into  the  ranks  of  sroXiTcu 
aic  known  to  have  taken  place,  when  the 
Baabers  of  snoATrai  had  been  thinned  by  a 
scnoQS  diiaster.  Such  cases  are  related  by 
Di'idonu  Siculns,  xiii.  97  (later  years  of  Pelopon- 
Besan  war),  and  the  peeudo-Plutarchian  author 
rf  tbe  life  of  Hypcrides,  p.  9  (after  Chaeronea, 
BLa  33d,  at  which  1000  woXiroi  fell).  There 
ii  distinct  testimony  that  in  the  time  of  Deme- 
tii«  of  Phalerum  there  were  21,000  mKhat^ 
U/MX)  ^oMcoi,  and  400,000  tovKot  in  Attica 
(Atiiea.  De^m.  tL  272  b).  Some  regard  these 
aoabert  in  the  case  of  sroAiroi  and  ftdroucoi  as 
refeniog  only  to  able-bodied  men.  The  fUroucoi 
axmsttd  of  Lydians,  Phrygii^ns,  Syrians,  and 
other  bsrbarians  (Xen.  Ved.  ii.  S\  Syracusans, 
t^.  hmu  the  speech-writer,  Corinthians,  e,g. 
Deiasrcbns,  the  orator. 

3.  PonttM. — Any  stranger  not  a  slave  who 
nosined  more  thsm  a  certain  time  at  Athens 
vu  compelled  to  register  himself  as  fUroucos. 
Dsriof  the  days  of  grace  he  was  termed  wopc- 
tfiRitot  QUroutis  i^rruff  6v6raif  rts  itwh  ^4y7is 
i^tiir  lyourp  rp  vtfXci,  r4X.os  rcA»y  els  &wo- 
rtnrfuhfca  ru^ia  XP*^^  ^'  w6\h$s  *  J«s  /ihy 
•^  vwMr  il/iMpitf  waperi9vfu>s  KaAcirw  ical 
ircAif  'sTur,  ikir  5i  bmp^f  rhv  ifptfffU^oy 
XP««y,  IfJrount  f^  yiyereu  Koi  i^irorcX^s. 
iiiitopfa.  Byz.  m  BerodkciL  Epimer.  ed.  Boisson. 
h  2^.  The  ciric  disabilities  of  /tdroucm  were 
^flit  proTerbiaL  Xenophon  speaks  of  the 
CohDthians  after  their  fusion  with  Argos  as  i» 
^  v^Xf  1  fuToiiatw  lAtfTTor  tvrdfupoi  (fielL  \y,  4, 
^\  Demosthenes  (jCaUip.  p.  1243,  §  29)  expresses 
tbe  nme  idea  by  the  phrase  yuhotKos  tm  oUhkv 


imtotle  (Pol.  lit  p.  1275  a)  defines  the 
P*T9tMut  ss  i  rmf  n/nShr  fi^  lurixatv.  These 
ri^  were  (a)  hpx^*  **^*  ^^^  right  of  serring  as 
Bsgiitrste  and  dicast,  and  of  voting  in  elections, 
(i)  ^171^0,  marriage  with  wt^Srtu,  (c)  y^s 
^  f^Kitii  lyrrfo'cf,  acquisition  of  land  or  house 
profcrtj.  (d)  Upmvirfit  right  of  performing 
public  sserifice. 

Hack  ^sicof  was  obliged  to  enrol  himself 

(m)fpd^6bu,  ^wfTpd^tf^cu)  under  a  patron 

(lMT^<n|t).     This    custom    was    no    doubt 

^ngiiallj  doe  to  the  fsct  that  in  the  eye  of 

Cnck  law  and  religion  the  stranger  was  of  the 

BUM  status  as  a  woman  or  a  minor.    Thus  the 

iPft^nis  was  at  once  a  secuiity  for  the  good 

^vioarof  the  fUroucoSf  and  his  representa- 

^  to  the  8i|/ios.    (See  Aristoph.  Pcue,  683 ; 

^vpocrst.  f.  V.  wpotfT^nyi ;  Suidas,  s.  0.  y4fuiw 

V^^rir^y,)    A  /a^toucos  who  failed  to  register 

uaelf  ondcr  a  wpoo'rdnrs  incurred  iarpoffror 

y^  lf«^:   one  who  deserted    his  wpoffrdriis 

JlJ^und  iaroffTaaiw  ZIkti  (Bekk.  Aneod.  p.  435 ; 

^  Xdcr.  p.  940,  §  61, 48).    The  character  of 

^pinms  might  be  inferred  from  that  of  his 


Tpoordnis  (Isocr.  de  Pace,  §  53).  Yet  it  seems 
that  a  firroiKos  could  plead  a  case  in  jierson. 
The  speech  of  Demosthenes  against  Eubulides  is 
spoken  by  a  man  presumed  to  be  a  fiiroiKos, 
and  no  mention  is  made  of  a  wpoardrfis  in 
Lysias  v.  and  xxiii.,  both  of  which  speeches  are 
made  on  behalf  of  fimucoi. 

His  civic  disabilities  left  the  iiiroucos  free  to 
engage  in  pursuits  for  which  the  ordinary 
citizen  had  little  leisure.  He  was  devoted  to 
trade  and  could  undertake  long  journeys  on 
business.  Hence  fiiroucoi  were  distinctly  valua- 
ble to  the  state  and  were  encouraged  to  settle 
there.  (See  Aristoph.  Li/s.  579  ;  Isocr.  de  Pace^ 
§  21 ;  [Lys.]  Andoc,  §  49;  Xen.  Vect.  iv.  40 ; 
Grote,  Greece,  Part  II.  ch.  xi.  p.  336,  large  ed.) 
Their  close  connexion  with  the  woXrrot  is  com- 
pared by  Aristophanes  to  the  relation  of  bran 
to  flour,  while  ^4»oi  are  but  the  chaflT,  which  is 
winnowed  away  {Ach,  508).  Their  wealth  often 
made  them  an  object  of  envy  and  oppression, 
especially  in  matters  of  taxation  (Dem.  Androt, 
p.  609,  §  66  ;  Tbnocr,  166).  A  special  instance 
of  this  is  seen  in  their  treatment  under  the 
Thirty  (Xen.  ffeU.  ii.  3,  30;  Lys.  xii.  §  6). 

Each  fi4ToiKos  paid  an  annual  tax  (fierolKioy) 
of  twelve  drachmae,  widows  paying  six  drachmae, 
mothers  whose  sons  paid  already  being  exempt 
(Harpocr.  a.  v.  /irrolKioy).  This  tax,  like  all 
others  at  Athens,  was  farmed  out  ([Dem.]  Aristog. 
i.  p.  787,  §  68  ;  Harpocr.  s.  v,  wMXirrof). 

4.  JhUiee,  —  Of  the  public  Xcirov^foi  the 
Xopnyia  alone  is  certainly  known  to  have  been 
open  to  fUroiKoi,  (See  Dem.  Zept  pp.  462,  §  18, 
476,  §  70 ;  Lys.  xii.  §  20 ;  C.  I,  A,  ii.  86.) 
M^roiKoi  were  liable  to  M^opal^  which  they 
paid  on  a  rating  of  one-sixth  of  their  property, 
a  rating  high  in  comparison  to  the  woXircu 
(Dem.  Androt,  p.  612,  §  75).  For  this  purpose 
they  were  formed  into  ficrouciKa2  ffvfjifioplai 
(Hyperid.  ap.  Poll.  viii.  144 ;  see  also  Boeckh, 
Staatshaus.  ed.  3,  vol.  i.  p.  624  ff.).  With 
regard  to  military  service,  Pericles  (Thuc  it  13) 
appears  to  speak  of  the  fi4Toueoi  as  only  man- 
ning the  walls.  Tet  they  seem  to  have  taken 
part  in  some  distant  expeditions,  both  as  hop- 
lites  and  oarsmen,  f,g,  to  Megara  (Thuc.  ii.  31), 
coasts  of  Peloponnesus  (id.  iii.  16),  Boeotia 
(id.  iv.  90).  See  also  Thuc.  i.  143,  Dem.  Phil. 
A.  36,  from  which  it  would  seem  that  the 
employment  of  the  lUroiitoi  was  uiually  regarded 
as  a  last  resource.  They  were  not  allowed  to 
serve  ss  /vwciS  in  any  case  (Xen.  Vect.  ii.  5; 
Hipparch.  ix.  6). 

The  difference  between  fiSromoi  and  woKirat 
is  natui-ally  most  marked  in  religious  matters. 
Yet,  as  being  an  integral  part  of  the  state,  they 
had  a  claim  to  some  share  in  the  state's  religion. 
They  took  part  in  the  Panathenaea,  fya  its 
mZvoi  iiptBfimmai  iierixovrts  r&p  Bvcriuy,  the 
men  (jjKaipr^poC^  carrying  skiff-shaped  bowls, 
the  matrons  (68p<a^poi)  pitchers,  the  maidens 
(<ri(uidi|^^<)  parasols  (Hesych.  a.  v,  o'lcd^oi: 
Ael.  Var.  But.  vi.  1;  Poll.  iii.  55;  Harpocr. 
t.  V.  tuTolKiov;  Bekker,  Aneod.  pp.  214,  242). 
Others,  however,  think  that  the  males  alone 
took  part  in  this  irica^^opfa,  and  that  the 
ifKiaJhi^plaf  apta^piof  and  ti^po^pta  were 
quite  distinct  ceremonies. 

5.  Special  privileges. — Individual  ft,4roucoij  as 
a  reward  for  distinguished  state  services,  might 
receive  by  vote  of  the  iKKKiiffta  special  privi- 


170 


METOPA 


leges,  such  as  wpo^ia  (Dem.  Lent,  p.  475, 
§  68 ;  a  L  A.  iL  91),  Ar^Xcia  (C.  /.  A.  ii.  27, 
42,  91 ;  Dem.  //.  aiit.%  fytcrriaa  yris  icol  oUias 
(C.  /.  A  U.  41,  70,  186,  380),  wp6(rao9  vfAs 
rV  /Sov^V  ica?  rhw  trifiop  (C.  /.  il.  ii.  41,  91). 
A  special  class  of  fi^oucoi  were  termed  l<rorcXctf. 
These  had  no  wpoffrdriiSf  paid  no  /AerolKiow, 
enjoyed  (this  is  disputed)  ^yitnieis  yijs  ical 
ohclaSf  and  were,  as  far  as  payment  of  taxes 
and  serTice  as  hoplites  were  concerned,  on  an 
equality  with  woKnau  They  were  excluded 
from  office,  iKK\7i(ria^  and  tueeurrfiptw  (Poll, 
iii.  56 ;  Harpocr.  a.  v.  Urvr^Kus :  C.  L  A.  iL  54, 
176). 

Actions  at  law  in  which  lUromoi  were  oon- 
oemed,  either  as  plaintiff  or  defendant,  were 
heard  before  the  JEpx'*''  wo\ii»af%os  Zinat,  tk 
vphs  avrhy  Xayxavorrai  iuroiKȴ  leoT9\MP 
Too^itwy  (Poll.  Tiii.  91).  While  Uable  m6yai 
8ijn|y  in  all  cases  to  which  voArroi  were  sub- 
ject, they  were  only  able  X«vi/3i(rfiy  ideiiw  in 
actions  arising  out  of  matters  in  which  /Uroucot 
were  specially  concerned.  Thus  a  /liroucos 
eould  indict  a  iroAlnrs  for  non-fulfilment  of 
contract,  but  not  for  iijr4fi€ta.  See  Aristotle  in 
Harpocr.  s.  v.  woXifUtpxos :  DeoL  Lacr,  48 ;  Isocr. 
IhMpex,  f where  Pasion  the  banker  institutes  a 
Zlicfi  fi\afiiis  before  the  polemarch  against  a 
nameless  fiiroucos) ;  Lys.  xxiii.  2,  3.  [A.  H.  C] 

ME/TOPA  (/jMr^wii)  is  the  name  given  to  the 
interval  between  the  triglyphi  in  the  frieze 
of  the  Doric  order  [TBiaLYPHi],  and  also,  ac- 
cording to  Vitruvins  (iv.  2,  4),  to  the  interval 
between  the  denticuli  in  the  Ionic  order.  The 
word  is  derived  from  lurh  and  Jhrti^  but  it  is 
doubtful  whether  we  should  interpret  it  with 
Vitruvius  as  "space  between  holes"  (t.e.  be- 
tween the  sockets  made  in  the  architrave  to 
hold  the  beams  ending  in  triglyphs)  or  with 
most  modem  authorities  as  **hole  between" 
triglyphs  (Zwischendfinung). 

It  is  probable  that  the  metopes  were  originally 
open,  as  we  hear  of  the  possibility  of  passing 
between  the  triglyphs  (Eur.  Tph.  T,  113  c) ;  but 
this  may  be  only  a  story  invented  to  suit  the 
name,  ao  trace  of  such  an  arrangement  sur- 
vives, the  space  being  invariably  filled  with 
plain  or  sculptured  slabs.  It  is  probable  that 
the  use  of  painting,  first  in  a  plain  colour,  red 
to  contrast  with  the  blue  triglyphs,  and  after- 
wards with  figures,  preceded  the  sculptural 
ornamentation,  and  survived  in  conjunction 
with  it. 

Metopes  are  of  particular  importance  from 
the  use  of  sculpture  to  ornament  them  ;  for  of 
this  sculpture  numerous  examples  have  survived, 
illustrating  the  various  periods  of  Greek  art. 
From  Selinus  in  Sicily  there  survive  (in  the 
Museum  at  Palermo)  sets  of  metopes  from  three 
temples,  belonging  to  the  beginning  of  the  sixth 
and  the  beginning  of  the  fifth  century  b.c.  re- 
spectively. The  earlier  are  most  important 
examples  of  uncouth  but  powerful  archaic  art ; 
the  later  have  white  marble  insertions  for  the 
nude  parts  of  female  fiffures.  From  Athens  we 
have  metopes  of  the  finest  period,  those  of  the 
Theseum  and  the  Parthenon.  The  Parthenon 
had  sculptures  in  all  its  metopes ;  the  Theseum 
only  upon  the  east  front  and  the  four  eastern  me- 
topes of  the  north  and  south  sides.  At  Olympia, 
the  great  temple  of  Zeus,  which  is  of  a  somewhat 
earlier  period,  has  all  its  external  metopes  plain. 


METBOXOMI 

the  sculpture  being  confined  to  the  Doric  frieze 
above  the  second  row  of  columns  upon  the  esst 
and  west  fronts.  For  examples,  see  the  wood- 
cuts under  Golumka. 

As  in  the  case  of  all  architectural  sculpture 
the  subjects  and  treatment  are  alike  prescribec 
by  the  conditions  of  the  surroundings.  A  seriei 
of  square  spaces  with  massive  architectan 
frames  require  high  and  massive  relief,  and  sn 
especially  adapted  for  scenes  of  violent  action 
hence  we  find  most  commonly  various  cootesb 
or  battles,  those  of  the  Gods  and  Giants  or  th< 
Lapithi  and  Centaurs,  or  the  labours  of  Heracles 
or  Theseus.  Such  subjects  also  must  be  chosei 
as  may  readilv  be  represented  in  a  connect«c 
series  of  small  and  concentrated  groups;  thu 
while  the  whole  set  of  metopes  should  hare  i 
similarity  or  unity  of  subject,  each  ought  oIm 
to  be  complete  in  itself.  Ais  principle  is,  hov* 
ever,  violated  in  one  or  two  instances :  e^,  Th( 
fight  of  Heracles  and  Geryon  is  spread  over  twt 
metopes  on  the  Theseum.  A  contemporary 
description  of  the  metopes  of  the  teiftple  at  Pel- 
phi  may  be  found  in  £nripides,  /on,  184  tqq. 
(Vitruv.  iv.  2,  4;  Benndorff;  Die  Metopen  von 
Selimmt ;  Feuger,  Doriache  Potyckmmie^  p.  41 ; 
Overbeck,  Geeoh.  d,  gr.  Pkutik,  pp.  283^ 
&c)  (fe  A.  G.] 

METBETES  Quronrfis),  or  AMPHOBA 
METRETES  iiift^opAs  fierprrHis^  the  standard 
amphora ;  it  appears  also  as  iifa/^optisf  the  thoiUr 
form  of  the  old  Homeric  &^i^opf  ^f,  and  as  k6Sos 
THerod.  L  51,  iii.  20]),  was  the  principal  Greek 
liquid  measure.  It  contained  12  ckoes,  72  xtstae 
(eexiarn),  144  ootylae,  576  ^^/3a^  and  86i 
cyathL  It  was  3-4ths  of  the  medunnvSj  the  chief 
dry  measure.  The  Attic  metretes  was  half  as 
large  again  as  the  Roman  amphora  qtudrantaif 
and  contained  39*39  /»fre«=69*33  pints,  or 
slightly  over  8|  gallons = a  water-weight  of  H 
talents.  (See  Tables.)  The  Aeginetan  metretes 
contained  54-56  iit.  or  a  little  over  12  gsUou, 
about  the  same  content  as  the  Persian  artabe 
(Herod,  i.  192). 

The  Macedonian  metretes  is  estimated  by 
Hultsch  (p.  563)  as  equal  to  the  Attic.  (Haltacii, 

MetrohgU:  Menbuba:  Pohdera.) 

[P.S.]   [G.E.M.] 

METBOXOMI  (/uTpow6fioO  were  officers  a 
the  Athenian  police  appointed  by  lot,  whose 
special  duty  was  to  see  that  proper  weights  sod 
measures  were  used  in  the  market  and  to  pro- 
ceed against  those  who  used  false  messare  (cf. 
Aristoph.   Thesm,  348,  rf  rts  rov  x^,  ^  ^* 
KvrvX&¥  rh  v6fu<rfia  SioXv/iof rvrcu).    It  i<  P*^^ 
able  that  they  also  had  charge  of  the  stsodsrd 
weights  and  measures,  which  were  kept  in  the 
shrine    (i^p^)    of  the  hero    Stephanepboro» 
(whom  some  take  to  be  Theseus),  just  as  those  at 
Rome  were  kept  in  the  temple  of  Juno  Mooets 
(Boeckh,  Staatehaueh.  ii.*  p.  324  f.),  and  hence 
we  may  conjecture  that  the  metronomij^ 
supervised  the  coinage.    They  had  »  snhortu- 
nates    in    the    market   Prometretae  (Boc»^* 
i.  p.  62).  As  to  their  number,  there  is  s  con^'^ 
between  Harpocr.,  Suid.,  Phot,  and  Les,  8eg.  s-J^t 
as  the  texU  now  stand,  but  FrSnkel  io  ^^ 
note  on  Boeckh  (vol.  ii.  p.  14*)  gives  plansiMf 
reasons  for  taking  as  the  true  reading  s  total 
number  of  ten;    five  for    the  dty  »J^  "** 
for  Peiraeus.    According  to  this  view,  on«  ^** 
chosen  by  lot  from  each  tribe.     (ScbSauBfl, 


METBOON 

Mf.  0^  Greta,  pp.   416,  420;   Bocckli,  op. 
nt)  rU  S.]   [G.  E.  M-i 

METHO-ONOnfTpfw).  [Archeios.] 
IffiTBOTOLIS.  [CoLOSti,  Vol.  1.  p.  474  ft.] 
mCAHE  Drams,  m  bTouriU  gune  in 
utdral  ItiJf,  u  the  pnciMlj  lioiiUr  morro  ii 
i»D{  ItaliaoB  of  tha  pment  day.  Tboagh 
Brt  B  canunoB  in  Gnece,  it  w«i  known  to  the 
Gmki,  Dd  Ariitotle  K«ns  to  speak  of  it  M  4 
MiA<it  TBV  SoKTJJkwr  (tfe  Iraoma.  3).  The 
fmc  wu  pUf  ed  by  two  penoni,  who  limnita- 
iwKiiljhcld  np  their  right  h&ndi,ortrhich  lome 
lis^n,  or  all  or  nont,  were  eitended.  At  the 
BDt  noawnt  esdi  olli  oat  ■  nuinbtr  which  he 
psMi  to  be  the  nua  of  the  fingen  eitended  bj 
himlf  ud  hii  oppontnt.  If  he  ii  right,  he 
>iH',  or,  accoTding  to  one  fans  of  the  ztxat 
:<v  p^yed,  he  opeoi  one  linger  of  the  left  hand 
fn  ach  correct  gneil,  mod  the  winner  ii  he  who 
«  right  &1i  timet  and  so  opcni  all 

I  of  iL* 


HILLIABE 


171 


m  to  plaj  holdi 
the  left  bond,  w 


fuh  ut  end  of  ■  itaff ' 

■enrity  tgoiut  that  bond  being  nsed  dLAhonextly, 
or  in  the  eiritement  of  the  game.  (S«a  woodcut 
>*lo*.)  The  modnn  Italian*  oftni  plaj  with 
tat  lea  band  behind  th(  back  for  the  r 


women  playing  the  game  aa 

Jwnihed,  and  Victory  horering  atore  them.  Aa 
>  tmtibiil  tipreaion  for  honeaty,  they  ipoke 
efimui  with  whom  it  wonld  be  ufe  to  play 
"im  in  the  dark  (qtaevm  tn  tentbrii  muei,  Cic. 
^Of\i\.\i,n  ;  cf.  Petron.  44).  It  wu  nied 
^  inttad  of  carting  lot*  for  a  chance  decision. 
8"  in  Calparaiu,  Ed.  ii.  20,  it  ie  decided 
■^  nager  iholl  begin  br  three  torn*  of  mom. 
nihhiy  In  inch  a  caw  tbe  tiaattt  gnei*  won, 
*"  it  wu  po«ibl*  that  no  correct  gueu  might 
*°ude.  Similarly  in  Cic de  Off. ii).  23, 90,  we 
«  ukmiki  joined  with  MTti  (cp.  olio  Cic.  de 
«'U-4I,  85);  and  Snetoniu*  (.iii^.  13)  men- 
■^  to  tiie  diieredit  of  OctaTiauni,  that  after 
wbMtla  of  Philippi  he  made  a  father  and  ion 
■*«  in-  tUi  w«y  whit*  ahonld  be  ipared. 


Modem  Italiani  nse  it  to  decide  which  ihall  pay 
the  wine-bill.  It  waa  enn  naed  by  tradeimea 
decide  a  bargain ;  a  practice  which  wai  con- 
demned by  an  «lict  of  the  praefectna  nrbi,  A.D. 
"  coninetndine  micandi  lummota  aob 
_  o  [i>.  by  *cal«]  potini  pecora  Tendero 
qnam  digitia  conclndentibn*  tradere"  (C.  I.  L. 
Ti.  ITTO).  It  U  clear  that  thla  form  of  barter 
waa  not  merely  the  habit  which  modem 
Italian!  have  of  holding  up  eo  many  finger* 
when  they  bargain  for  anything,  and  waa  at  beat 
'ling,  at  worat  eheer  diihoneety.  (See  alia 
>,  ap.  Nan.  347,  30;  Uarquardt,  i^'int- 
Mfli,  83S;  Becker-Oall,  Qaitia,  ii.  470; 
CharikUt,  iii.  377.)  [G.  E.  M.l 

inXLIA'BE,  MILLIA'BICM,  or  MILLS 
FA8SUUM  (In  Greek  writera  filAior),  tha 
Roman  mile,  congitted  of  1000  pacea  (puaau)  of 
5  ft.  each,  and  waa  therefore  =  5000  ft.  Takii^ 
(with  Hnltacb)  the  Roman  foot  at  -2957  mtt.= 
■3234  yanii,  the  Roman  mite  wonld  be  1617 
Engliih  yarda,  or  143  yards  leia  than  the  English 
itatata  mile.  This  =  *ld96  German  geographi- 
oil  mile.  [UBHttnu.]  The  Roman  mile  con- 
tained 8  Attic  itadla.  The  moat  oommon  term 
for  the  mile  ia  nuiUe  pauuHm,  or  only  the  initial* 
H.  P. ;  *ometimea  the  word  pauma\  la  omitted 
<Cic.  ad  AtL  lit.  4 ;  Salluat,  Jug.  c  114) :  lev 
frequently  mSU  paiata. 

The  milfr-itoDea  along  the  Roman  roads  wero 
called  miUiana.  They  were  alio  called  lapida  ; 
thus  we  have  ad  iertivm  lapidem  (or  without  the 
word  lapidem)  for  3  miles  from  Rome,  for  Rome 
ia  to  be  nndentood  as  tha  starting-point  when 
no  other  place  is  mentioned.  Sometimes  we 
hare  in  fnll  ab  Urbe,  or  a  Soma.  <Ptin.  S.  S. 
«iiii  §  169;  Vsrro,  S.  S.  iii.  a.)  The  laying 
down  of  the  mile-stonea  along  tha  Roman  roada 
ia  commonly  ascribed  to  C.  Gracchoa,  on  the 
""'  irity  of  a  passage  In  Plntarch  (araccli.  0, 
It  u  true  that  this  only  proves  that 
Gracchus  erected  mile-stone*  on  the  road*  which 
lie  made  or  repaired,  without  neceiasrily  imply- 
ing that  the  system  bad  nerer  been  used  before, 
and  there  are  pastages  in  the  historians  where 
mile-atones  are  spoken  of  as  if  they  tiad  existed 
much  earlier;  but  such  pateages  are  not  deci- 
live;  they  may  be  anachroniims,  in  which  lapit 
■Imply  expresses  the  distance.  ^T.  T.  4  ;  I'lor, 
II.  6  ;  comp.  Jnstin.  nil.  8,  i  9.)  The  paaaage 
of  Polybius  (iii.  39),  which  atatei  that,  in  hi* 
time,  that  part  of  the  high  rood  from  Spain  to 
Italy,  which  lay  in  Qaul,  waa  proTided  with 
mile-itonea,  ii  probably  an  interpolation. 

The  lyatem  waa  bronght  to  perfection  by 
Anguatns,  probably  ia  connexion  with  that 
measurement  of  tha  roads  of  the  Empire  which 
waa  tet  on  foot  by  Jaliua  Caesar,  and  tha  results 
of  which  are  recorded  in  the  so-called  Antoninr 
Itinerary  (_ot  tht  4th  century  I.D.,  according  to 
Tenflel,  Bom.  Lit.  §  406).  Augnatn*  aet  up  a 
marble  [dllar  with  a  gilt  tablet  In  the  fontm, 
cloee  to  the  digbt  of  ateps  which  lead  np  to  the 
temple  of  Saturn,  to  mark  the  cantnl  point  from 
which  the  great  roads  diverged  to  the  aareral 
gate*  of  Rome  (Dio  Caas.  liv.  8;  Pint.  OtUb. 
24).  It  was  called  the  JliUiarium  Aurewn; 
and  its  position  i*  delined  a>  bsing  in  tapite 
Somani  Fort  (Plin.  B.  tf.  iii.  %  66),  mi  oedem 
Sabmi  (Tac  Hat.  i.  97  ;  Snel.  Otito,  6).  Some 
remains  ttlll  exist,  close  to  the  Aroh  ofSeptl- 
miu*  Severus.  consisting  of  a  round  brickwork 


172 


MIMUS 


pedestal,  which  is  by  xnanj  assumed  to  have 
been  the  base  of  the  Milliarium  Aureum :  a 
cylindrical  piece  of  marble,  found  near  it,  may 
have  been  part  of  the  mile-stone.  (Bum,  Rome 
ani  Campftgna,  p.  124.)  Professor  Middleton, 
however  {Romey  p.  167),  takes  these  remains  (a 
cylinder  of  concrete  faced  with  brick  and  lined 
with  slabs  of  marble)  to  be  work  of  the  third 
century  a.d.,  and  believes  them  to  be  the  base  of 
the  Umbilicus  Romae,  a  gilt  column  marking  the 
centre  of  Rome,  which  is  mentioned  in  the 
Ifotitia  and  also  in  the  anonymous  author  of  the 
Einsiedeln  Itinerary.  This  stands  at  the  north  end 
of  the  6upiK)sed  Graecostasis,  and  Professor  Mid- 
dleton places  the  Milliarium  Aureum  at  the  oppo- 
site end.  Mr.  Burn  and  others  make  the  Mil- 
liarium and  the  Umbilicus  different  names  for 
the  same  thing,  but  against  that  is  the  evidence 
of  the  Notitia,  which  mentions  both.  It  seems 
that  tho  marble  pillar  was  covered,  on  each  of 
its  faces,  with  tablets  of  gilt  bronze.  These 
tablets  recorded  the  numbers  of  miles  covered 
by  the  various  trunk  roads  from  Rome  and  the 
names  of  the  chief  stations.  The  stone  is  called 
UmbHictu  Romae  in  the  anonymous  Einsiedeln 
Itinerary. 

It  must  be  observed  that  the  miles  on  the 
Roman  roads  were  measured,  not  from  the  Mil- 
liarium Aureum  in  the  forum  (which  was  set  up 
long  after  the  regular  mile-stones  were  placed), 
but  from  the  gates  of  the  city.  (Burn,  op.  cit, 
p.  49.) 

The  Milliarium  Aureum  at  Byzantium,  erected 
by  Constantino  in  imitation  of  that  of  Augustus, 
was  a  large  building  in  the  forum  Augusteum, 
near  the  Church  of  S.  Sophia.  (See  Bnchholz, 
in  the  Zeitachrift  fOr  Mterthumsunseenechaftf 
1845,  No.  100,  &c.) 

London  also  had  its  MilliariumAureumy  a  frag- 
ment of  which  still  remains ;  namely,  the  cele- 
brated London  Stone,  which  may  be  seen  affixed 
to  the  wall  of  St.  Swithin's  CSiurch  in  Cannon 
Street. 

From  this  example  it  may  be  inferred  that 
the  chief  city  of  each  province  of  the  Empire  had 
its  Milliarium  Aureum, 

The  ordinary  milliaria  along  the  roads  were 
short  marble  columns  inscribed  with  some  or  all 
of  the  following  points  of  information  :—(l)  the 
distance,  which  was  expressed  by  a  number, 
with  or  without  M.  P.  prefixed ;  (2)  the  places 
between  which  the  road  extended ;  (3)  the  name 
of  the  constructor  of  the  road,  and  of  the  em- 
peror to  whose  honour  the  work  was  dedicated. 
Several  of  these  inscriptions  remain,  and  are  col- 
lected in  the  following  works : —  Gruter,  C.  L 
pp.  cli.  &c  ;  Muratori,  Thez,  vol.  i.  pp.  447,  &c. ; 
Orelli,  iMcr,  Lat.  Sel.  Nos.  1067,  3330,  4877  ; 
and  especially  Bergier,  ffiat  des  granda  Chemina 
dea  Rom.  vol.  ii.  pp.  757,  &c.,  Bruxelles,  1728, 
4to.  An  example  may  be  seen  in  the  first  mile- 
atone  of  the  Appian  road,  which  has  been  placed 
in  the  Piazza  of  the  Capitol,  having  been  found 
one  Roman  mile  from  the  Porta  Capena. 

On  some  of  these  mile-stones,  which  have  been 
found  in  Gaul,  the  distances  are  marked,  not 
only  in  Roman  miles,  but  also  in  Gallic  leugae, 
a  measure  of  1500  paaaua.    [P.  S.]    [G.  £.  M.] 

MIHUS  (/ufios)  properly  signifies  an  imita- 
tion or  imitator  of  a  situation  or  person. 
1.  Gre]£K.  In  Greek  literature  the  word  mime 
11  associated  with    the   name  of  Sophron  of 


MIHUS 

Syracuse  (fifth  century  B.a)  and  his  son  Xenar- 
chus  (Suid.  s.  V.  ffiyi^ovs).  What  we  know 
about  Sophron  is  mainly  derived  from  Suidas 
(a.  V,  'Z^fmp)  and  the  other  lexicographers,  the 
Scholiasts  on  Nicander  and  Theocritus,  and 
Athenaeus  (see  Gaisford's  Suidas).  We  are  told 
that  he  wrote  fjdfiovs  &v5pc(oirs  and  pifum 
ywauctlovs  in  the  Doric  dialect,  that  they  were 
in  prose  and  imitated  by  Plato,  who  lUMd  to 
keep  a  copy  of  Sophron  under  hia  pillow.  The 
names  of  some  of  the  mimes  are  AyytKoSf 
BvyyoOiipatf  y4poyT9S  kKiuSy  and  &jrc<rrpiai, 
yvft/^oirdyoSf  wtvOdpa,  *lir$/ud(owr€u.  The  Second 
Idyll  of  Theocritus  is  borrowed  from  the 
'AKMirrplai  C<The  Women  Quacka"),  and  the 
Fifteenth  from  the  'ItrB/itdCovaau  Mahafiy 
{HiaL  of  Greek  Mteraiure,  §  240)  suppos^ 
that  Sophron's  compositions  were,  like  the  so« 
called  poems  of  Walt  Whitman,  written  io  s 
rhvthmical  prose  (o^of  yiip  fUyoSj  says  an  old 
Scholiast,  rAy  nonfrmv  fv0fu>is  run  Kol  ie«i^iut 
iXfhffvo  ironfriK^s  kyaXoyUa  Korai^poir^e'asJt 
and  were  clever  delineations  of  ordinary  charac- 
ter,  full  of  patois,  wise  saws  and  oatspokenaess. 
He  further  considers  that  they  may  have  been 
performed  in  private  society,  like  the  marriage 
of  Dionysius  and  Ariadne  at  the  end  of  Xeno- 
phon's  Sjfmpoaiwm,  Besides  Plato,  Persins  was 
also  said  to  have  imitated  Sophron  (Lyd. 
de  Magiatr.  i.  41).  Botzon  has  collected  the 
fragments  of  Sophron  in  a  Programm,  1867. 
For  further,  see  Fuhr,  De  Mimia  Qraeoorm^ 
1860. 

2.  Roman.     The    Roman    mimm   (a    term 
applied  to  the  piece  as  well  as  to  the  actor) 
was,   like    the    Atellan    farce,   an    improvised 
character  play  of  ordinary  life,  but  withoat  the 
stock   character-masks    and    bnakins;   and   it 
was  more  concerned  with  the  humorous  side 
of  the  low  life  of  the  town  than  of  the  ooootry. 
It  was  indigenous  in  Latinm,  and  developed  out  of 
the  dances  in  character  to  the  flute  which  were 
performed  in  the  pit  of  the  theatre  during  the 
intervals  between  the  acts^  and  sometimes  in 
private    circles    to  amuse    the   guests   during 
dinner  (Mommsen,  Rom,  ffiat,  iv.  579).    Lster 
it  assumed  a  certain  amount  of  stage  wisdom 
and  wise  saws  from  the  works  of  the  Greek 
New  Comedy,  which  are  known  chiefly  firom  the 
great  number  of   Sentcntiae  in   Iambic  vene 
of  Pnblilius  Syrus.    (See  the  list  of  over  500 
certain  instances  in  Ribbeck,  Com.  Lat.  JM*" 
quiacy  261  ff.)     But  the  chief  function  of  the 
mime  was  to  raise  a  laugh,  and  so  the  language 
was  that  of  the  lower  orders,  coarse  and  vulgsr. 
Mimi  and  mimae  first  appear  about  the  time  of 
Sulla  (Auct.  ad  Herenn.  i.  14^  24,  ii.  IS,  19 ; 
Plin.   ff.  N,  vii.  §  158 ;  Pint.  SuUa,  2,  36), 
and  in  Cicero*s  time  the  mime  was  often  gi^^B 
as  an  afterpiece  instead  of  the  Atellana  (Cic  /<m> 
ix.  16,  7);  hence  a  mimua  may  fairly  be  csi/ed 
an  exodhm  (cf.  Suet.  Dom.  lOX  though  thst 
term  is  generally  applied  only  to  the  AtsUsnse 
(Liv.  vii.  2,  11).    They  were  played  in  (root  of 
the  stage  before  the  aiparium  (Juv.  viii.  183,  sod 
Schol. ;  Senec  de  TramiuiU.  An.  11).    The  sctor 
had  no  buskins  (jpUaUpea^  Juv.  viii.  161 ;  6»'* 
i.  11,  12 ;  excakeatua^  Senec.  Ep.  8,  8),  «Dd 
no  mask :  he  wore  a  sort  of  harlequin  costume 
{oentunculua^  Apul.  Apol.  \Z\  with  the  ricau^ 
(Festus,    a.  v.;    Marquardt,  Privail.  p.   ^^' 
CRicuTiuii],  and  the  phallus  (SchoL  on  M- 


Hmus 


MISTHOSEOS  PHASIS 


173 


n.  BS ;  Aroob.  Tii.  33).  Along  ^  with  the 
principal  character  {mitnua  or  archimunus)  was 
I  sort  of  pantaloon  called  panuitus  or  stupidus 
(WUmiBiM,  2635),  got  up  with  puffed  cheeks  and 
ikirtd  head,  who  used  to  have  to  stand  a  great 
desl  of  noisj  slapping  (aiapae)  and  abuse  from 
tltc  principal  actor  (Mart.  ii.  72,  4;  Tert. 
Spe±  23;  Amob.  /.  e,}.  This  stupidua,  as  well 
M  the  other  actors  of  the  secondary  parts,  had 
as  his  rdU  to  imitate  the  chief  actor  (Hor. 
fjMf.  i.  18,  14 ;  cf.  Suet.  Cal.  57).  The  female 
forts  were  played  by  women :  for  example,  Thy- 
ckU  in  Jut.  i.  36,  ri.  66;  Arbuscula  (Cic 
Att.  ir.  15,  6),  Dionysia  (ib.  i?osc.  Com,  8,  23), 
Cnlieris  Ob.  Pfiii.  ii.  8,  20^  Claudia  Hermione 
(Orelli,  4760),  Luria  privaia  numa  vixit  annis 
xix.  (Wilm.  2634;  cf.  C.  /.  0.  6335,  6750),  a 
Ural-groond  9ociatnun  mimarwn  in  Wilm.  326. 
Thtir  performances,  originally  at  the  Floralia, 
liter  St  all  the  exhibitions,  were  decidedly  loose 
(it  tfumae  nudarentttr  postulate,  Val.  Max. 
li.  10, 8).  The  dancing  in  the  roimus  was  of  a 
grotesque  nature,  accompanied  by  extravagant 
fTimsoes  and  olycene  gestures  and  jokes  (Ov. 
TrisL  VL  497  ff.,  515),  with  plenty  of  ribald 
ibase  sad  blows  (Mart.  /.  c;  Jnv.  viii.  192,  and 
IM  especiaUy  Mayor  on  Juv.  v.  171), 

The  tnbjects  were  of  the  most  varied  kinds 

(iK  the  long  list,  with  the  fragments  which  are 

pKscrred,   in    Ribbeck,   Com.    Lat»    Reliquiae, 

^7  S.\  but  they  nearly  always  involved  some 

iaddeak  of  an  amorous  nature  in  which  ordinary 

Qorahtj  was  set  at  defiance  (Ov.  /.  c. ;  Juv.  vi.  44 ; 

Vil  Max.  iL  6,  7).    There  were  often  sudden 

chaa^  of  fortune  introduced,  beggars  becoming 

Dilliraaires   (Cic   PAtV.   ii.   27,   65)  and    vice 

vna  (Senfc    £p,    114,    6),    mimicking    and 

Fuodics  of  people  of  the  day,  such  as  lawyers 

in  exsmple  (Wilm.  2627),  general  character 

peeces  {e^.  Augur,  Colax,  Ephebus,  Hetaera, 

^irgoX  Menes  from  the  life  of  tradesmen  (e.g. 

Hestio,  Folio)  or  of  foreigners  («.</.  the  £truscan 

Women,  the  GanlsX  subjects  with  ghosts  in 

tbcm   (Dcscenaas   .ad    Inferos    by     Laberins, 

IWna  by  Catullns))  description   of  popular 

fcstirals  (Compitalia,  Parilia,   Saturnalia,  re- 

aukling  one  of  Sophron's  mimesX  representation 

cf  etreeiB  that  attracted  the  imagination  of  the 

people  (tf.^.  that  of  Laureolus,  the  Dick  Turpin 

of  the  sndenta,  Juv.   viii.   187),  mythological 

cuiettares(»io0c/riun  Jjiti6mtft  moMCulam  Lunam, 

^^^mai  flagellatam  et  Jenit  mortui  testamen' 

te  redtatum  ei  tret  Hercules  famelicos,  Tert. 

4M  25).    In  Imperial  times  they  were  some- 

^iBMs  intricate    enough    (Quint,    iv.    2,    53): 

Platsrek  (de  soUert  Arum.  19  =  973,  46)  tells 

OS  of  a  mime  in  which  a  dog  took  a  prominent 

¥vt    There    was    always   a    great   deal    of 

politiesl  criticism  allowed  in  the  mimes  (Macrob. 

^.  il  7,  5;  Oc  AH.  xiv.  3,  2;  Suet.  Aug. 

^  S8,  Tftu  45 ;  Friedl£nder,  ii.*  420  ff.> 

The  principal  writers  of  mime  under  the  late 

l^blu:  were  Laberins  and  Publilius  Syrus. 

Thenumographi  under  the  Empire  are  numerous: 

CttolliH  (Juv.  viii.  186X  Lentulus  and  Hostilius 

URt  Apol.  15X  AemiUus  Severianus  (C.  /.  L. 

^  Philistion  (Suet.  ed.  Roth,  p.  299, 3).    Aa 

sW  DtoMS   were  not    so  fashionable    as    the 

ll'ft'numes,  we  bear  less  about  their  performers. 

^  ve  oocasionally  hear  of  them,  e.g.  Latinus 

**^  Psmncolus  (Mart.  /.  c.\  Alytyros  (Joseph. 

'^3X  Iec  ;  and  at  times  they  were  advanced  to 


great  honours,  e.g.  a  mimus  Eatyches  was  made 
a  decurio  at  Bovillae,  and  he  was  so  rich  as  to 
be  able  to  give  a  distribution  of  monev  to  the 
citizens  (Wilm.  2624,  cf.  2625).  The  epitaph  of 
the  actor  Vitalis  says  of  his  profession  as  mime, 
Hinc  mihi  larga  domus  hmc  mihi  census  erat 
(^AntM.  Lat,  ii.  p.  89,  ed.  Meyer). 

For  further,  see  Friedliinder,  Sittengeschichte 
Roms,  ii.*  416-422;  Touffel,  RBm.  Litteratur^ 
geschtcfUe,  §  8  (who  however  confuses  mimes  and 
pantomimes) ;  Patin,  Etudes  sur  la  Fo^sie  htine^ 
ii.  346-365.  [L.  C.  P.] 

MINA.    [Talentum.] 

MINOR.    [Curator;  Infans.] 

MINUTIO  CATITIS.    [Caput.] 

MI'SSIO.    [ExEHCiTUS,  Vol.  I.  p.  809  6.] 

MI'SSIO.    [Gladiatores.] 

MI8TH0TH0BI  Ouo9o$6poi).     [Mebge- 

HARn.] 

MISTHO'SEOS      PHASIS       (juaBAaws 
^dats\  also    called   fiurO^ttfs  oIkov  ^dais,  is 
the  action  brought  against  a  guardian  for  either 
having  neglected  to  make  profitable  use  of  the 
property  of  his  ward,  or  for  having  made  no 
use  of  it  at  all.     Use  might  be  made  of  such 
property  either  by  letting  it,  if  it  consisted  of 
lands  or  houses,  or  by  putting  it  out  to  interest, 
if  it  consisted  of  capital.     Like    the  kindred 
action   nwtdiMrssfS  r&y  hp^aof&y,    it    might    be 
brought    against    the     guardian,    during    the 
minority  of  his  ward,  by  any  person  who  took 
an  interest  in  the  welfare  of  the  orphan.    Ailer 
the  orphan  came  of  age,  the  remedy  lay  in  his 
own  hands  by  a  5£ki|  twirpomris :  in  the  confused 
notices  of  the  grammarians  we  find  also  a  ypa^ 
^wirpoT^t  (Poll.  viii.  35),    but  this  is  almost 
certainly  a  mistake  (Att.  Process,  p.  360  Lips.). 
The  question  whether  the  action  /uffBAtrews  wat 
pnblic  or  private,  a  ypa^  or  a  Hkji,  has  been 
discussed  by  Boeckh  (P.  E.  p.  355  f.  =  Sthh.*  t. 
425  f.)  and  the  authors  of  the  Atiische  Process 
(p.  294  f.)  without  coming  to  any  very  definite 
conclusion.    In  reality,  as  the  recent  editors  of 
these  two  works  have   pointed   out,  the  only 
word  used  by  good  authorities  is  ^juris,  a  par* 
ticular  kind  of  public   prosecution  by  way  of 
information  (FrMnkel  on  Boeckh,  n.  566 ;  Lip- 
sius,  A.  P,  p.  361 ;  cf.  Thslheim,  Kechisalterth. 
pp.  14,  n.  4,  84,  n,  2;   Phasis).     There  is  a 
further    doubt    whether    the    Adffis    lay  only 
against  a  guardian  who  had  not  let  the  property 
at  all,  or  also  against  one  who  had  not  let  it  to 
the  best  advantage.    Most  grammarians  include 
the  latter  case  (icarck  rdr  oh  Myrvs  fufiurdnf- 
it6rȴ,    Harpocrat.,    Snid.,    s.  v.;    Lex.  RkeL 
p.  667,  7;   Eiym.  M.   p.  788,  50);   the  Lex, 
Seguer.  mentions  only  the  non-letting  (pp.  312, 
24;   315,  18).    Complaints  of  this  kind  were 
brought  before  the  first  archon.    In  cases  where 
the  guardian   would  not  or  could  not  occupy 
himself  with  the  administration  of  the  property 
of  his  ward,  he  might  request  the  archon  to  let 
the  whole  substance  of  his  ward's  property  to 
the  highest  bidder,  provided  the  testator  had 
not  expressly  forbidden  this  mode  of  acting  in 
his  will.    (Demosth.  c  Aphob.  ii.  p.  837,  §  5 ; 
compare  iii.  p.  853,  §  29,  857,  §  42 ;  Lys.  c. 
Diogeit,  §  23.)     The  letting  of  such  property 
took  place  by  auction,  and    probably  in  the 
presence  of  a  court  of  justice,  for  we  read  that 
the  court  decided  in  cases  where  objections  were 
made  against  the  terms  of  letting  the  property. 


174 


HTTRA 


(Isae.  Or,  6  [PhShctX  §  36  £)  The  person  who 
took  the  property  had  to  pay  an  annual  per* 
centage  for  the  right  of  using  it^  and  this  per- 
centage freqaentlj  amounted  to  more  than  12 
per  cent,  per  annnm.  If  one  man  alone  was 
unwilling  to  take  the  whole  property  on  such 
conditions,  it  might  be  divided  and  let  to  sereral 
persons  separately.  (Isae.  Or.  2  [Mened,\ 
§  28  ff.)  The  tenant  or  tenants  of  the  property 
of  an  orphan  had  to  give  security  (&vot//iii;ui) 
for  it,  and  to  mortgage  (&vori/i$y)  his  own  es- 
tate, and  the  archon  sent  especial  persons,  &ro- 
rifiTirai^  to  value  his  property,  and  to  ascertain 
whether  it  was  equivalent  to  that  of  the 
orphan.  (Suidas,  s.  o.  'Arori^i|ra£.)  The 
technical  term  for  letting  the  property  of  an 
orphan,  whether  it  was  done  by  the  guardian 
himself  or  by  the  archon,  was  fiurOoWj  and 
those  who  took  it  were  said  fjuarSovirBtu  rhp 
o1ko¥  (oUos  here  signifies  the  whole  substance 
of  the  property,  Dem.  c.  Aph.  i.  p.  818,  §  15 ; 
826,  §  40 ;  827,  §  43 ;  831,  §  58).  The  tenanU 
of  the  estate  of  an  orphan  had  the  right  and 
perhaps  the  obligation  to  protect  it  against  any 
other  person.  (Isae.  Or,  7  [^EagfL},  §  16.)  It  is 
not  clear  what  resource  was  open  to  an  orphan 
against  a  tenant  who  did  not  fulfil  his  obliga^ 
tions,  but  it  is  probable,  that  if  any  disputes 
arose,  the  guardian  or  the  archon  alone  were 
answerable  and  had  to  procure  justice  to  the 
orphan. 

(Boeckh,P.  ^.  pp.  U2,355:s:8thh*  I  179, 
425;  Att.  Prooen,  pp.  294,  532=361,  726  f. 
Lips.;  Thalheim,  vbi  supra;  cf.  Epitbofdb, 
p.  752  a.)  [L.S.]    [W.  W.] 

MITRA  (fdrpa)  means  in  its  first  sense  a 
band  of  any  kind,  and  accordingly  it  was  (1)  the 
Homeric  /urpif,  a  band  beneath  the  BAp/ii^  over 
the  lower  part  of  the  abdomen  [Lorioa,  p.  78  aX, 
and  (2)  is  equivalent  to  the  (Aimi  mp^evuril,  tlie 
maiden's  girdle  [GZNOULUX,  Vol.  I.  p.  427),  so 
that  the  word  ifurpos  (Callim.  Diom,  14)  means 
a  young  girl,  not  old  enough  for  a  gixdle,  not 
yet  of  a  marriageable  age. 

The  word  is  then  UMd  for  a  band  fastening 
the  hair ;  thence  developing  into  a  regular  head- 
dress for  women,  with  lappets  hanging  over  the 
ears,  apparently  something  like  a  K^€fj»op  or 
the  Calautica  (Serv.  ad  Aen,  iz.  616;  see 


Saris,  with  Phrygian  mitre.    (Aeglna  Marbles.) 


Coma,  VoL  I.  p.  449,  and  the  woodcuts  on  that 
page) :  but  it  does  not  seem  to  have  been  worn 
either  in  Greece  or  at  Bome  by  women  of  a 


MODULUS 

respectable  class.  (See  Serv.  /.  c  and  the 
passages  cited  by  Professor  Mayor  on  Jar. 
iii.  66.)  Cicero  speaks  indignantly  of  the 
miMla  being  worn  by  efltoinate  young  men 
(pro  Itabir.  Post.  10,  26). 

As  an  Asiatic  head-dren  it  was  sometimfls 
shaped  like  a  turban,  as  in  the  mosaic  of  the 
battle  of  IssuB,  sometimes  in  a  peaked  form,  as 
in  the  woodcut  from  the  Aeginetan  sculptures 
representing  Paris;  also  with  lappets  (the 
redmioula  of  Yerg.  /.  c),  as  is  well  shown  in  a 
vase-painting  ap.  Baumeister,  Denkm.  fig.  1318 : 
from  this  Asiatic  head-dress  the  episcopal  mitrs 
was  a  very  late  development.  In  the  LXX. 
in  Ex.  xzviii.  33  and  some  other  passages  the 
word  /ilrpa  renders  the  priestly  cap  which  is 
commonly  called  ic(Sap<r.  It  b  noticeable 
that  the  ecclesiastical  mitre  of  the  Middle 
Ages  is  by  some  ecclesiastical  writers  called  a 
Fhrygium.  (Harriott,  Vestiarium  Christ,  p.  220.) 
[Tiara.]  [W.  S.]    [G.  E.M.] 

MIKTA  ACTIO.    [Acno.] 

MKA  Owya).    [TALEirrnM.] 

MNE'MATA,  MNEMEIA  (Mf^<h  ¥^ 
fuia).    [Sepulcrum.] 

MNOIA,  MKOTAE  (jinta,  lufSntu).  [Cos- 
Mi,  Vol.  I.  p.  555.] 

MOCHLUS  (jiioxXjis).    [JAinTA.] 

MODI'OLUS,  the  diminutive  of  MoDirs,  it 
used  for  various  kinds  of  small  vessels :  for  a 
drinking-cup,  Dig.  34,  2,  36 ;  for  the  bucketi 
on  the  edge  of  the  tympanmiij  by  which  water 
was  raised  (Vitruv.  x.  10),  and  generally  for 
any  kind  of  bucket  or  small  cistern  in  hydraolic 
machinery  (ib.  12,  13);  and  hence,  from  its 
shape,  it  is  also  uscnI  for  the  box  or  nave  (vX^/i- 
mi)  of  a  wheel  (Plin.  H.  N.  ix.  §  8 ;  Vitrur. 
X.  14),  for  the  nave  or  socket  into  which  the 
axle  of  the  crusher  in  an  oil  press  fits  (Tea- 
petum),  and  for  other  kinds  of  sockets  (Vitror. 
X.  18).  [P.S.]    [G.E.M.] 

MCDIUS,  the  principal  dry  measure  of  the 
Romans,  was  equal  to  one-third  of  the  amphon 
(Volusius  Maecianus,  Festus,  Priscian,  ap.  Warm, 
§  67),  and  was  therefore  equal  to  nearly  two 
gallons  English.  It  contained  16  sextarii,  32 
hemnaej  64  qaartarii^  128  acetoAuh,  and  192 
cyathi.  Compared  with  the  Greek  dry  measure, 
it  was  l-6th  of  the  Medimnus.  lU  contents 
weighed,  according  to  Pliny,  20  pounds  of  Gallic 
wheat,  which  was  the  lightest  known  at  Rome. 
Farmers  made  use  of  vessels  holding  3  snd  10 
modii  (Colum.  xii.  18,  §  5).  As  a  land-mesiare 
the  third  part  of  the  jugerum  was  called  mptr 
/MS  fUStot^Castrensis  Modius.  The  symbol  jO 
Utin  MSS.  is  M»,  in  Greek  M*.  /j^  (Bjdtxh, 
Mstr.  Scnpt.  I  70.)  [P-  SJ 

MCDULUS  iififidms),  the  sUndard  measure 
used  in  determining  the  parts  of  an  architec- 
tural order.  It  was  originally  the  lower  diameter 
of  the  column ;  but  Vitruvius  takes  in  the  Done 
order  the  lower  semi-diameter  for  the  modme, 
reUining  the  whole  diameter  in  the  other 
orders.  Modem  architects  use  the  scmW«* 
meter  in  all  the  orders.  The  system  of  diridmg 
the  module  into  minutes  was  not  used  br  tbe 
ancient  architects,  who  merely  used  snch  fj»C" 
tional  parts  of  it  as  were  convenient  The 
absolute  length  of  the  module  depends  of  conrM 
on  the  dimensions  of  the  edifice :  thus  Vitmnitf 
directs  that,  in  a  Doric  tetrastyle  portico,  A. 
and  in  a  bexastyle  ^  of  the  whole  width  shooia 


MOENIA 


MOLA 


176 


b»  tiken  is  the  module,  if  diastyle,  or  ^  and  jg 
.*«pectiTelyy  if  lyctyle  (Vitmr.  i.  2;  ir.  3; 
T.  9).  instead  of  the  accepted  Tiew,  that  the 
bottom  diameter  of  the  column  was  taken  as 
ti«  Biodaliu,  M.  Aur6^  in  his  Ncuvelk  TMorie 
da  MoiuU  (NImes,  1862X  has  tried  to  proye 
fr»  yitmTins  and  extant  examples,  that  both 
f^"  tkt  edomn  and  for  the  intercolnmnia  the 
cctswement  was  taken  at  the  middle  height. 
Has  Mcms  improbable,  as  such  a  measurement 
cidd  not  be  obtained  till  the  building  was  com- 
plete; sad  the  passages  quoted  hardly  bear 
nek  an  interpretation.  (See  Reber,  PhUoiomu^ 
mil  pp.  185-191.)  (T.  S.]    [K.  A.  G.] 

MOKOA.    [MPBoa] 

M0ICHSIA8  GBAPHB*  Qtoix^tas  ypaip^). 

[ACCITEBIUM.] 

MOLA  (^Aif  or  /li^XorX  a  mill.  Cortius 
{Or.  Etym.  p.  339)  remarks  that  all  European 
lagna^  hare  the  same  word  for  these  con- 
triTiaoes— «  sufficient  proof  of  their  antiquitj. 
Tae  Greeks  and  Bmnans  of  course  identified  the 
process  with  certain  deities  or  heroic  beings, 
ndi  IS  Myles  of  Alesiae  (Pausan.  iii.  20), 
NiAotsIm  Stoi  (Hesych.):  in  Pliny,  TiL  §  191, 
tbe  inrention  is  ascribed  to  Ceres :  Varro  (ap» 
PIic  nxri.  f  135)  more  practically  derives  the 
Homu  milb  from  Volsinii  in  Etrnria. 

All  mills  no  doubt  started  Arom  a  simple 
prcow  of  grinding  between  two  stones,  and  it 
is  imposuble  to  say  when  the  machines,  properly 
»  cslled,  for  grinding  began.  The  mention 
c^stanes  *<like  millstones''  in  Hom.  //.  riL  270, 
sL  161,  prores  that  com  was  ground  between 
itoocs  of  some  particular  sixe  and  shape,  but 
^  Bot  tell  us  more.  The  same  may  be  said  of 
t^  psssages  in  Od.  viL  104^  xx.  105,  though 
p^Jups  in  the  latter  passage  the  number  of 
Eills  in  the  palace  (presumably  six  with  two 
fcsulc  slares  at  each)  implies  that  they  were 
aiU  and  rude.  Dr.  Schliemann  {Ilioa,  p.  234) 
^vn  "sMidle  querns"  of  trachyte,  found  at 
Hissarltk,  fiat  on  one  side  and  convex  on  the 
ctkcr,  between  which  the  com  was  ground  or 
^x^unl  It  is  not  quite  dear  why  we  need, 
with  kia,  assume  that  com  could  not  be  ground 
^  nek  a  method.  The  process  may  have  been 
rack  it  liringstoDie  describes  in  Africa,  where 
^  spper  stone  is  moved  round  and  round  over 
^  Imrtr  by  the  hand.  The  process  would  be 
<iKiR  troablesomo  than  the  rudest  quera 
^ed  by  a  handle,  but,  given  sufficient  time, 
t^  result  would  be  the  same. 

m  mills  were  anciently  made  of  stone,  the 
^  ued  being  a  volcanic  trachyte  or  porous 
^  (pyrisi,  Plin.  K  N.  xzxvL  f  30;  aiUoes, 
^erg.  ifsrvl  2S-27 ;  jwmioMt,  Ovid.  Fast  vL 
318^  soch  sf  that  which  is  now  obtained  for  the 
<>ac  parpeee  at  Mayen  and  other  parts  of  the 
Eifel  ia  Bhenish  Prussia.  They  were  obtained 
*'poally  from  the  volcanic  island  Nisyros 
(^strako,  x.  p.  488).  Hence  the  complaint  of  the 
'»mia.dfltf.Pa(.ix.21,5: 

•^  ti  M#of  Wrfi|f  tticvpitSiot  TyKvcXov  IXkh 

H«ftt  alio  the  epithet  mola  tecAra  in  Ovid. 
Tim  speosB  of  stone  u  admirably  adapted  for 
^^  fupoie,  because  it  is  both  hard  and 
^Tcniovi,  so  that,  as  it  gradually  wears  away, 
n  ^  pnstats  an  infinity  of  cutting  surfaces. 
LTcij  Bill  ennsisted  of  two  essential  parts. 


— ^the  upper  mill-stone,  which  was  movable 
(oatilius,  Sims,  rh  IriftidXjuVf  Deut.  xxiv.  6),  and 
the  lower  (meta,  /i^Kn},  which  was  fixed  and  by 
much  the  lareer  of  the  two.  Hence  a  mill  is 
sometimes  called  moUu  in  the  plural.  The 
stones  were  kept  rough  by  cutting  or  scratching 
them  when  they  wore  smooth,  which  is  the 
sense  of  ptiKmms  in  Aristoph.  Veap.  648,  and 
lapis  incusua  in  Verg.  Qeorg,  i.  274.  There  are 
three  kinds  of  mills  mentioned  by  ancient 
authors, — ^the  hand-mill,  the  mill  worked  by 
animals,  and  the  water-mill.  Windmills  are  an 
invention  of  the  Middle  Ages. 

L  The  hand-mill,  or  quera,  called  mota  fiwmti- 
arid,  iwraciM/ts,  or  inaatUia,  (Plin.  H.  N,  xxxvL 
§  135 ;  OelL  iii.  3 ;  Cato,  de  Be  Bust.  10.) 

The  islanders  of  the  Archipelago  use  in  the 
present  day  a  mill,  which  consists  of  two  flat 
round  stones  about  two  feet  in  diameter.  The 
upper  stone  Is  turned  by  a  handle  (KAwri) 
inserted  at  one  side,  and  has  a  hole  in  the 
middle  into  which  the  com  is  poured.  By  the 
process  of  grinding  the  com  makes  its  way  from 
the  centre,  and  is  poured  out  in  the  state  of 
flour  at  the  rim.  (Touraefort,  Voyagcy  Lett.  9.) 
The  description  of  this  machine  exactly  agrees 
with  that  of  the  Scottish  quera,  formerly  an 
indispensable  part  of  domestic  furniture.  (Pen- 
nant, Tow  in  SootUmdf  1769,  p.  231 ;  and 
1772,  p.  328.)  There  can  be  no  doubt  that  this 
is  the  flour-mill  in  its  most  ancient  form.  In  a 
very  improved  state  it  has  been  discovered  at 
Pompeii.  The  annexed  woodcut  shows  two 
which  were  found  standing  in  the  ruins  of  a 
bakehouse.     In  the  left-hand  figure  the  lower 


Mills  at  PompeU. 


millstone  only  u  shown.  The  most  essential 
part  of  it  is  the  cone,  which  is  surmounted  by  a 
projection  contidning  originally  a  strong  iron 
pivot.  The  upper  millstone,  seen  in  its  place  on 
the  right  hand  of  the  woodcut,  approaches  the 
form  of  an  hour-glass,  consisting  of  two  hollow 
cones,  jointed  together  at  the  apex,  and  pro- 
vided at  thia  point  with  a  socket,  by  which  the 
upper  stone  was  suspended  upon  the  iron  pivot, 
at  the  same  time  touching  on  all  sides  the  lower 
stone,  and  with  which  it  was  intended  to 
revolve.  The  pivot  could  be  made  slightly 
longer  if  coarser  meal  was  desired.  The  upper 
stone  was  surrounded  at  its  narrowest  part  with 
a  strong  band  of  iron ;  and  two  bars  of  wood 
were  inserted  into  square  holes,  one  of  which 
appears  in  the  figure,  and  were  used  to  turn  the 
upper  stone.     These  bars  or  levers,  whether 


176 


UOLA. 


d  bT  hRnd  or  by  ■ 
were  called  niwai,  in  Latin  molUla.  Tbe  apptr* 
moat  of  ths  two  hollow  conn  HTTed  the  purpoM 
of  a  hopper.  The  com  with  which  it  was  filled 
I^Tsdually  fell  through  the  neck  of  the  upper 
stone  npoD  the  iDminit  of  the  lower,  and,  ai  it 
proceeded  down  the  cone,  wai  gioaud  into  flour 
by  the  friction  of  the  two  rough  mrfacei,  and 
fell  on  all  aidei  of  the  ban  of  the  cone  into  a 
channel  formed  for  its  reception.  The  mill  here 
repreeented  ■•  fire  or  lii  feet  high. 

The  band-milli  were  worked  among  the 
Qreeki  and  Romaoa  by  ilares.  Their  pistrinom 
was  conaequently  proTerbial  ai  ■  place  of 
puniahment  for  reir&ctury  town  ilavei  (lea 
Ramsay'*  excunne  on  the  Mottellaria)  :  ematler 
hand-mill*  were  however  worked,  eipedally  in 
the  HomeHc  age,  br  women.  (Horn.  Od,  TiL 
104  ;  Eiod.  li.  5 ;  Watt,  hit.  41.) 

In  CTery  large  ettablishment  the  hand-milli 
were  numerone  in  proportion  to  the  extent  of 
the  family.  Thn*  In  the  palace  orUlyiMi  there 
were  twelve,  each  turned  by  a  lepante  female 
■lave,  who  wtl  obliged  to  grind  every  day  the 
filed  quantity  of  com  before  she  wai  permitted 
to  cease  from  her  labour.  (Od,  ii.  105-119; 
compare  Cato,   dt  Ba  Siat.   5S.)     We    hive 

rual  mention  of  the  iwinihiai  ifSai,  aung  u 
y  worked  in  time.  (Poll.  iT.  53;  Athen. 
liT.  618  d.)  It  aeemt  also  to  hava  been  called 
I/wTor  piKtt  (Hesych.  s.  e.  ;  Phot.  a.  v.  Iftaai- 
t6iy.  An  instance  is  given  in  Pint.  Convni.  vii. 
Sap.  p.  157  d  :  llAei  iii\a,  &Ati  im)  yip  nfrrtucai 
SXti,  /tryiKai  WtruXii-a!  fiaaiXiiar. 

II.  The  mill  worked  by  animsla  (mob  jvmen- 
laria,  mola  aainorut ;  Lucien,  Aiin.  28 ;  Ov. 
Fart.  li.  318,  tm.).  The  hone*  *o  uud  were  old 
and  worn  ont  (Juv,  Tiii.  67  ;  Apnl.  Jfrt.  ii.  11), 
such  as  the  worn-out  racehorse  of  the  fabuliats 
(Babi.  29;  Phaedr.  19).  The  woodcut  below 
show*  the  horse  attached  under  the  croaa-beam, 
as  in  Babrius,  '.  c. :  fei^fli  ^&  fidAnr.  The 
animal  wai  blinded  by  a  bandage  (JMrq)  over 
the  eyei,  by  way  of  blinkers.  The  woodcut 
gives  an  instaoce  of  aomething  more  like 
ordinary  blinkers.  It  was  common  alto  to 
prevent  the  animals  from  eating  the  corn  by  a 
contrivance  called  wavaiKini,  which  was  a 
TpDXetitlt  liTtx^m"  round  the  neck,  which 
made  it  impouible  for  an  aoimal  to  lower  it* 
mouth  to  the  com  or  for  a  man  to  bring  hit 
hands  np  to  his  mouth,  for  slaves  also  were 
lometimet  so  muiiled.  (Poll.  vii.  20;  Enttath. 
ad  n.  nil.  467 ;  Phot.  t.  c.  waiHruaini.)  It 
waa  also  called  Ka^untar  (Poll.  x.  112,  who 
quotes  from  Aristoph.  Htrott;  cf.  Schoi.  ad 
Arirtoph,  Pax,  14).  The*e  millt  were  larger 
but  of  eiactly  the  same  conttructioa  at  the 
hand-mill  described  above,  eioept  to  far  at  the 
apparatus  for  attaching  the  animal  waa  con- 
cerned. In  the  woodcut,  from  a  relief  in  the 
Huseo  Chiaramonti,  there  is  a  crois-bearo  above 
the  catUiua  connected  by  two  curved  vertical 
beams  with  another  lower  crott-h«am.  The 
hopper  for  filling  the  mill  appears  above  the 
beam.  It  may  be  remarked  that  the  lamp  on 
the  bracket  la  the  comer  exactly  illuitiate* 
Verg.  Moret.  19;  "  tabella  quam  fiiam  paries 
illoa  servsbat  in  niut  lamina  fida  locat."  The 
mill-driving  animal*  had  n  holiday  at  the 
festival  of  Veita.  (Cf.  the  aanntOi  atlli,  Ov. 
Fat.  vi.  311 ;  Prop.  r.  1,  21.) 


III.  The  water>mill  (mola  aquaria,  Mm^^t^ 
itpiiur^i).  Tha  first  water-mill  of  which  any 
Ncoid  lj  prwerved,   wat  connected  with  tlit 


palace  of  Hlthridatet  in  Poatiu.  (Sttabo,  d 
p.  55B  ;  PompoD.  ad  Verg.  ,^orvt.)  That  water- 
millt  were  lued  at  Some  is  manifest  from  tht 
detcriptioa  of  them  by  Vitraviui  (i.  10).  A 
cogged  wheel,  attached  to  the  alia  of  the  water- 
wheel,  turned  another  which  waa  attached  to 
the  aiit  of  the  upper  mill-itone:  the  con  to 
be  ground  fell  between  the  itonei  out  of  * 
hopper  (m/tmdiWum),  which  was  fixed  abort 
them.  (See  also  Bninck,  AnoJ.  ii.  119  ;  PeltsiL 
di  Re  Satt,  1.  42.)  Aasoniui,  at  cited  leloir, 
mentions  their  eiirtenc*  on  the  Ruwer  Bttr 
Treves ;  and  Venantias  Fortnnatut,  deicribhi;  a 
cattle  bnilt  in  the  sixth  century  on  the  btnki  of 
the  Uotelle,  makes  distinct  mention  of  t  tail- 
race,  by  which  "  the  tortuous  stream  it  cOD- 
dnctod  in  a  ttraight  channeL"  (Poem.  iii.  10.) 
The  following  epigram  of  the  time  of  Anguitu 
describes  them  as  in  ate  to  save  labour : — 
sv,  aAn-fHScf ,  n>0tT«  #utp^ 


Oi  U  ■or'  Axpl^Ti'r^r  iA\6i*fwai  Tpox'iv 

IV.  The    floating-mill-      When    Rome  na 

besieged  by  the  Ootha,  A.D-  SSS,  and  when  the 
stoppage  of  the  aquedncte  rendered  it  impotihle 
to  use  the  pabiic  com-miili  (si  rift  wi>^'" 
fi^Xairei)  in  the  Jauiculum,  so  that  the  dUieo) 
were  in  danger  of  itarvation,  Belitahui  soppliof 
their  place  bv  erecting  fiosting-mills  npon  Ibe 
Tiber.  Two  boaU  being  moored  at  the  distance 
of  two  feet  from  each  other,  a  water-wbMl. 
■uipended  on  ik  axil  between  them,  was  Inm*! 
by  the  force  of  the  stream,  and  put  io  soUe" 
the  atones  for  grinding  the  com.  The  iBTtnlinB 
being  found  useful  was  retained,  accordioE  t> 
Praai)riiu,  in  later  timet.  (Procsp.  d>  BtUn 
Ootluco,  L  15.)  ... 

V.  The  saw-mill.     Atuonius  mentieiK  ■°'''' 
situated  on  tome  of  the  itnsau  fallieg  into  <" 


MONABGHIA 


MONETA 


177 


Hbelle,  attd  vsed  for  cutting  marble  into  slabs. 
{li,U.  z.  362,  363.) 

TL  The  pepper-milL  A  mill  for  grinding 
pepper,  made  of  boxwood,  is  mentioned  bj  Pe- 
tnaiu  (molea  buxea  piper  trwU,  Sat,  74).  For 
the  cliTe-mill  (mola  ofoirid)^  see  Trapetum. 
(BlcBJter,  Teehioiogis^  i.  pp.  2S>49 ;  Marquardt, 
iViwtirfwi,  p.  421.)  [J.  Y.]    [G.  E.  M.] 

MOXA'BCHIA  (jutyapjcia),  a  general  name 
If  uf  form  of  goTemment  in  which  the 
copfeme  functions  of  political  administration 
tn  is  tbe  hands  of  a  single  person.  The  term 
P^nfxU  is  applied  to  such  govemments,  whe- 
titer  they  are  hereditary  or  elective,  legal  or 
Bsrped.  If  all  the  officials  and  ministers  of 
tiw  ruler  tie  merel  j  his  deputies,  appointed  and 
itSdTable  bj  him,  then  the  term  iiowopxia 
finctlj  applies.  Aristotle  {Pol,  iii.  15,  2,= 
I>  lis!::)  calls  this  leatifieuirtKtlcu  This  form  of 
cffiarchr  did  Dot  belong  to  Qreek  states  except 
as  a  cunHqneace  of  reyolution,  when  some 
cnizea  ssarped  this  power  for  himself^  and 
MKtimes  transmitted  it.  Monarchy  of  the 
cuiFe  coostittttional  kind,  as  described  in  Homer, 
probtblj  existed  throughout  Greece  at  the  time 
U  the  Dorian  conquest,  and  gradually  dis- 
Vf^sred,  ss  in  each  state  the  weak  or  violent 
rdi  stirred  up  successful  opposition  of  the 
fNTjple.  In  Argos,  however,  it  lasted  to  the 
ttou  of  tlie  invasion  of  Xerxes  (Herod,  vii.  149^ 
k3t  dittppeared  before  the  Peloponnesian  War. 
k  Sfitrta  it  remained  in  a  peculiar  form.  In 
rj  commonest  application,  it  is  equivalent  to 
^(Xcfa,  whether  absolute  or  limited.  But  the 
nle  of  an  aetynmeUs  or  a  tyrant  would  equally 
i*  oiled  a  fiowapx^  (Arist.  Pol.  iii.  16,  iv.  8 
=  ppi  1286,  1294;  — Plato,  MohL  p.  291,  C,  E; 
^30i,D,  L)  Hence  Plutarch  uses  it  to  express 
Ue  Latin  didatwrcu  Ariistotle  defines  four  sorts 
€:'0snXf(a:  *<  firstly,  the  kingship  of  the  heroic 
P^«i,vheD  the  obedience  was  voluntary,  but 
tise  power  of  the  kings  strictly  defined,  the  king 
^  general,  judge,  and  supreme  religious 
^*ctionary;  secondly,  the  non-Greek,  which 
vu  a  herteditary  despotic  rule  of  a  constitu- 
tcoal  character ;  thixxily,  the  Asjrmneteia,  as  it 
a  called,  an  elective  tyranny ;  and,  fourthly, 
tK  Laoooian,  which  may  be  broadly  defined  as  a 
^ndiUTT  generalship  for  life."  (Arist.  Pol,  iii. 
H  Welldon's  translation.)  It  is  by  a  somewhat 
rhetorical  ase  of  the  word  that  it  is  applied 
&dv  aad  then  to  the  nij/ios,  (Eurip.  8uppl,  352; 
^^  PoL  ir.  4.)  For  a  more  detailed  examina- 
^«  of  the  subject,  the  reader  is  referred  to  the 
mides  Rex,  Abciion,  Ttraknus,  Prytanis, 
AanwCTEB,  Taqus.      [C.  p.  M.]    [G.  E.  M.] 

HONETA  (Vyvpoffoircioy),  a  mint.  The  mint 
^  fioine  was  a  building  on  the  Capitoline  hill, 
titached  to  the  temple  of  Juno  Moneta,  which 
»M  dedicated,  in  consequence  of  a  vow,  by  L. 
farins  Camillus  when  dicUtor.  (Liv.  vii.  28 ; 
CKid.  Fasti,  vL  183.)  Under  this  head  should 
^i  an  account  of  the  law  in  ancient  coinage^  of 
H^U  of  coinage,  monetary  magistrates,  and  the 
^=2^tipn  of  mints.  The  fullest  treatment  of 
w  fnbjects  will  be  found  in  the  second  and 
l^iid  Tolomcs  of  Lenormant's  La  Mounaie  dans 
^^vtiquiU;  but  as  regards  Roman  coinage, 
^'flUBiea's  lUhn,  Munzwesen  is  the  soundest 
^*ft^^'    In  this  place  a  brief  summary  must 

(1)  Sights  of  Coinage.-^^o  privilege  of  power 
VOL  n. 


was  in  antiquity  more  highly  regarded  or  more 
jealously  preserved  than  that  of  issuing  money. 
In  Asia  the  king  of  Persia  appears  from  the  first 
to  have  claimed  and  reserved  the  sole  right  of 
issuing    gold    money.      The   royal    Darics    or 
To|^cu  thus  constituted  a  sort  of  royal  standard 
coin:    they  circulated   in  vast   quantities,  and 
thus  controlled  and  kept  within  limits  the  issues 
of  Asiatic  mints.    But  the  Greek  cities  of  the 
coast  seem   to  have   enjoyed   the  privilege  of 
issuing  silver  and  copper  money  at  pleasure. 
Even  the  issue  of  electrum   coins  by  trading 
cities,  such  as  Phocaea  and  Cyzicus,  does  not 
seem  to  have  been  regarded  as  a  breach  of  the 
monopoly  of  the  Great  King.    Satraps  also,  at 
least  in  the  western  provinces  of  Asia,  were 
allowed  to  issue  silver  money  bearing  their  own 
names :  we  possess  many  specimens  bearing  the 
names  of  Phamabazus,  Tiribazus,  Datames,  and 
other   Persian    satraps;    though  some    numis- 
matists suppose  that  this  privilege  was  exercised 
only  on  occasion  of  military  expeditions.    Hero- 
dotus states  (iv.  166)  that  Darius  put  to  death 
Aryandes,  governor  of  Egypt,  for  issuing  silver 
coins  of  a  finer  quality  than  his  own,  but  his 
narrative  clearly  shows  that  the  issue  of  silver 
coins  by  satraps  was  usual;  it  was  only  the 
innovation  in  the  quality,  and  the  ambitious 
motives  which  prompted  it,  which  amounted  to 
an  act  of  rebellion.    In  Greece  proper  and  in 
the  Greek  colonies  in  Italy,  Sicily,  and  Africa, 
and  the  shores  of  the  Euxine  Sea,  each  separate 
state  or  ir6?iis  claimed  and  exercised  the  full 
right  of  issuing  such  money  as  it  chose,  but  in 
the  exercise  of  that  right  did  not  of  course  lose 
sight  of  the  reasons  of  commercial  expediency. 
As  a  result  of  perfectly  free  competition  the 
money  circulating  in  eacn  region  acquired  a  cer- 
tain general  character,  and  to  this  character  all 
the  coins  issued  in  that  region  tended  to  con- 
form, as  regards  material  and  weight.    Subject 
to  such  general  control  as  thia,  the  mint-cities 
of  Greece  exercised  the  freest  choice  in  all  their 
successive  issues.    Hence  the  condition  of  the 
Hellenic  world,  while  it  was  a  congeries  of  small 
independent  states,  is  exactly  reflected  in  the 
great  abundance  and  unlimited  variety  of  the 
issues  of  Greek  coins,  large  numbers  of  which 
enrich  the  museums  of  the  present  day,  every 
specimen  evidencing  civic  independence,  complete 
political  organisation,  and  local  religious  cults. 
Already  we  know  of  some  2,000  mints  which 
issued  coin    of  their  own   before   the  fall  of 
the  Roman  Empire,  and  fresh  mints  are  dis- 
covered every  year.     We  have  money  of  more 
than  fifty  Greek  cities  of  Sicily ;  and  the  little 
island  of  Ceos,  not  ten  miles  across,  had  three 
active  mints.    Colonies  sent  forth  by  the  great 
commercial  cities  had  no  sooner  settled  in  their 
new  abodes  than  they  began  to  issue  coin,  com- 
monly of  quite  a  different  character  from  that 
of  the  mother-city.    There  are  of  course  certain 
exceptions  to  this  rule.     Athenian  cleruchies 
appear  to  have  used  the  coins  of  Athens ;  and 
when  the  towns  of  any  district  in  Greece  formed 
among  themselves  a  close  alliance  for  any  politi- 
cal or  commercial  purpose,  greater  uniformity 
at  once  appeared  in  their  monetary  issues.    Thus 
the  cities  of  Magna  Graecia  which  were  united 
in  the  sixth  century  for  mutual  defence  against 
the  semi-barbarous  Italic  races  issued  coins  in. 
which  a  common  character  clearly  appears :  and 


178 


MONETA 


MONILB 


the  cities  wbich  belonged  to'  the  Aetolian  and 
Achaean  Leagues  used  uniform  weights  and 
types  for  their  coins.  In  late  Qreek  times  those 
cities  of  Greece  which  had  lost  their  civic  auto- 
nomy and  become  dependent  npon  the  Hellenistic 
kings  of  Pergamon,  Macedon,  and  Syria,  appear 
still  to  have  preserved  to  a  considerable  extent 
their  right  of  issuing  money :  even  when  it  be- 
came necessary  to  p]i|ce  on  it  the  effigy  of  their 
regal  protector,  they' retained  the  control  of  the 
mint.  In  the  Romin  age  the  issues  of  Greek 
silver  money  came  to  an  end,  except  in  the  case 
of  a  few  ftivoured  cities,  like  Antioch,  Tarsus, 
and  Caesareia  in  Oappadocia;  but  the  issue  of 
copper  money  was  still  permitted  to  hundreds  of 
towns,  great  and  small,  in  Greece  and  the  Asiatic 
mainland. 

Turning  to  Italy,  we  have  to  observe  the  pro- 
cess by  which  the  Roman  state,  acting  without 
pause  or  change  in  one  direction,  reduced  the 
number  of  mints  and  gradually  introduced  uni-^ 
formity  in  the  place  of  wide  diversity.  In  the 
fourth  century  B.C.  the  Italian,  Greek,  Etruscan 
and  Oscan  coinages  present  the  same  variety 
and  autonomy  as  those  of  Greece.  At  that  time 
Rome  issued  only  the  heavy  libral  asses  of 
copper.  But  as  soon  as  denarii  in  silver  were 
coined  at  Rome,  in  B.c.  269  [see  As,  Vol.  I.  p.  205], 
the  Senate  awoke  to  the  desirability  of  putting 
down  rival  issues  in  cities  which  came  under 
Roman  dominion ;  and  from  this  policy  the  rulers 
of  Rome  never  swerved  until  in  the  reign  of  Dio- 
cletian coinage  was  uniform  through  the  length 
and  breadth  of  the  Empire.  Within  the  Roman 
organisation,  however,  the  right  of  coinage  did 
not  always  belong  to  the  same  functionaries. 
In  consular  times  it  was  exercised  within  the 
city  by  regularly  appointed  officials,  usually 
three  in  number,  mviri  mcmetaiesj  though  their 
number,  as  well  as  the  conditions  attached  to 
their  duties,  appears  to  have  fluctuated.  Abroad, 
Roman  Imperators  exerdsed  the  right  of  issuing 
such  coins  as  suited  their  military  necessities,  and 
placing  upon  it  their  name  or  even  their  image. 
This  accounts  for  the  existence  of  money,  espe- 
cially in  gold,  belonging  to  the  last  century  of 
the  Koman  Republic,  and  bearing  the  names  and 
portraits  of  Sulla,  Pompeius,  and  other  generals. 
Augustus,  on  his  accession  to  power,  having 
such  precedents  to  allege,  took  into  his  own 
hands  the  issue  of  all  Roman  gold  and  silver 
money,  leaving  to  the  Senate  omy  the  issues  in 
copper,  each  specimen  of  which  bears  thereafter 
the  letters  s.  c.  to  show  that  it  was  minted  by 
senatorial  authority. 

(2)  Organisation  of  Jfifiis.— On  this  subject 
our  information  is  very  insufficient ;  and  we  are 
confined  in  the  main  to  the  testimony  of  the 
coins  themselves,  which  is  not  exact  or  con- 
clusive. Of  the  Athenian  coin  issued  after 
Alexander  the  Great,  the  type  is  an  owl  stand- 
ing on  an  amphora :  there  are  in  the  field  three 
names  of  magistrates,  and  detached  letters,  some 
on  the  amphora  and  some  below  it.  The  first 
two  names  are  those  of  annual  magistrates,  no 
doubt  high  officials  and  treasurers :  these  names 
change  but  once  a  year.  The  third  name  changes 
twelve  times  a  year,  and  with  it  changes  the 
letter  on  the  amphora  (A  to  M), — lacts  which 
show  that  the  third  magistrate,  probably  the 
man  actually  responsible  for  the  goodness  of  the  I 
coin,  was  elected  in  rotation  for  one  month  | 


from  one  of  the  twelve  tribes.  The  letters  in- 
dicate the  division  of  the  year,  first  to  twelfth; 
during  which  the  tribe  represented  by  this 
official  prytanised.  The  letters  below  the  am* 
phora  are  supposed  to  indicate  the  particular 
workshop  of  the  mint  where  each  of  the  coins 
was  manufactured.  Thus  every  piece  could  b« 
traced  back  with  certainty  to  those  who  were 
actually  responsible  for  its  production,  and  the 
possibility  of  forgery  was  almost  destroyed.  At 
Rome  we  find  no  such  elaborate  scheme  for 
fixing  responsibility,  but  on  the  other  hand 
great  care  in  stating  the  authority  by  which 
the  coin  was  issued.  The  name  of  the  person 
who  ordered  the  coin  to  be  made,  whether  im- 
perator  or  monetalis,  is  after  a  certain  time 
never  wanting.  We  meet  on  coins  such  in- 
scriptions as  IIIVIR  ■  AAAFF,  t.e.  *'trimnrir 
auro  argento  aere  flando  feriundo  **  (Cic.  ad  Fasti. 
viu  18 ;  de  Leg.  iU.  3,  7) ;  AED  •  CVR  •  EXSC, 
''  aedilis  curuliB  ex  senatus  consulto,"  and  the 
like.  Some  of  the  Roman  denarii  also  besr,  in 
addition  to  the  name  of  the  issuer,  some  device^ 
letter  or  numeral  which  seems  to  have  reference 
to  the  particular  offidna  whence  they  issued. 
See  also  As,  Vol.  I.  pp.  206,  207. 

The  processes  used  in  minting  were  of  course 
very  simple  compared  with  those  of  modem 
times.  One  engraved  die  was  let  into  an  anril, 
another  into  the  end  of  a  metal  bar.  Between 
the  two  was  placed  a  blank,  roughly  cast  in  the 
required  shape  and  size  and  heated  to  redness. 
A  single  blow  from  a  heavy  hammer  on  the 
upper  end  of  the  metal  bar  would  probabiy 
usually  suffice  to  finish  the  coin,  which  would 
then  be  removed  by  the  tonga  and  a  fresh  blank 
substituted.  Collars  and  milling  were  no- 
known.  Such  a  process  would  very  soon  wear 
out  any  die ;  and  as  a  consequence,  the  continual 
engraving  of  new  dies  was  one  of  the  chief 
occupations  of  the  workmen  of  the  mint  The 
rapidity  with  which  they  could  be  prepared  is 
shown  by  the  fact  that  the  most  ephemeral 
pretenders  to  the  throne  of  the  Caesars  seldom 
failed  to  leave  us  coins  bearing  their  name  snd 
effigy.  On  this  subject,  see  Gardner's  Types  of 
Qreek  Coins^  chap.  iii.  [P*  0.] 

MONI'LE  (fipiios),  a  necklace.  In  Homer 
the  words  tpfias  and  ttrBiuoy  are  both  employed 
for  ornaments  worn  round  the  neck.  It  teems 
probable  that  the  meanings  of  the  two  words 
are  to  be  distinguished  in  the  following 
manner:  —  The  XaSfuoy  was  an  ornament 
fitting  close  round  the  neck  in  the  manner 
of  a  tore,  and  without  any  pendants :  the  Sp/ioft 
on  the  other  hand,  was  sometimes  of  great 
length  (iwytdmixvs,  Hymn,  in  Apoli  105X  and 
hung  loosely  down,  so  as  to  be  seen  on  the 
breast  {Hymn,  in  Venerem,  90).  This  distioction 
is  stoted  by  the  Scholiast  on  Hom.  Od.  xviii.  300, 
to$fuo¥  oiv  irtptrpaxfl^iow  K6irfuw  wipanrXtT 
pii90»i  oh  flirroi  Koofi'fifiarA  rant,  acal  ^•^ 
•  .  .  .  9uu^p€i  rov  Zpfiov.  rh  fi^p  7^  rpoei' 
X<T«  rf  rpox^X^f)  6  5c  Hpfios  «f x^'^'"^^       . 

The  Homeric  5pfu>f  is  described  as  made  n 
gold  and  amber  (Od.  xv.  460;  xviiL  295);  of 
golden  threads  iffymn.  in  ApoU.  104),  and  (sp- 
parently)  of  gold  inlaid  work  (mXol  »w^** 
wianlKtXoty  Hymn,  in  Ven.  88>  Spedmens  « 
work  in  gold  and  amber  are  quoted  by  Helbif 
(Jka  homerische  Epos  aus  den  J)enbaiSiem  fl^ 
ISuiert,  p.  183),  who  should  be  consulted  on  the 


MONILB 

liRlt  qKAitn  of  the  Homfric  oraaintnt.  Tha 
In-jih  HoHiiininueaui  uecklieea  from  Pru- 
^^.t  ui  ^crld  iDd  unber,  or  lilnr  mod  amber. 

Tbe  necklace  ma  worn  hj  both  kxb,  unon^ 
■M  tuat  pBlnbtd  of  thstc  lutioiu  which  the 
•inta  alltd  Wlwroiu,  npadallf  the  Indiu~, 
tv  I^ptiiu,  the  Peniani,  ami  the  Etrmcuu 
['"'I"  ]  Amanc  the  Cneki  uid  Bomau,  it 
n>  woni  b]'  voMeu,  bojt,  and  effeminate 
f^Kta  {AaaCTeon,  apitd  Athen,  lij.  p.  534 ; 
•fiatil.  il  1 ;  Orid.  Uct.  r.  52 ;  Henid.  9,  57> 
1:  a  particolarlj  TnentioDed  anioag  the  bndaJ 
■nixpnu  of  RcnuD  fanalM  (Lacao,  ii.  361 ; 
OiwL  dc  71.  Cau.  Honor.  527). 

Tu  timplert  kiod  of  necklace  wa*  the  momit 
iajntn,  or  beuj  necklace  (Verg.  Am.'  L  654 ; 
Lmpnd.  jlia.  Sn.  41),  which  cooiiited  of 
icTvt,  null  ipherea  of  glaa,  gold,  amber, 
oTitil,  tc^  itrnng  together.  Thii  i*  Tory 
iL-aocmlj  ihowD  is  aDcient  {rewoe)  and  Ta>»- 
ngtingi.  (See  cot  under  Abhilli.)  The 
3ul  of  Athene  under  QalfA  eihiUts  a  frequent 
a^ii£cit)ao<rfthe  bead  necklace,  a  row  of  drop* 
bta^  below  the  bead*.  Theat  dropa,  when 
icm,  ■mage  tbtmiclra*  npon  the  neck  like 
nri  pncteiling  from  a  centre  (monilid  radiaiay 
ThefirM  Spat  in  the  eat  on  the  Deit  column 
otTatt  the  central  portion  of  an  eiqniiitel; 
■mitt  nccUacn  which  vtt  foand  at  S.  Agata 
i'J  Gc-ti  (Satkola)  near  Naplee,  in  the  tepnlchre 
t!  t  Gnek  lady.  The  necklace  hai  aerenlf-ane 
psiduti.  AboT*  them  ii  a  band  coniiiting  of 
tnral  rowi  of  the  eloee  chain-work  which  we 
Eovcal!  Venetian.  [CATEBa,]  The  daspe,  on 
Bcb  af  which  ii  a  frog  In  relief,  were  tet  with 
nbKi  (h*  Mm.  Btr^Mko,  iL  pi.  xi*. ;  Orer- 
^i,  ADvq',  p.  623)- 
We  alio  gire  here  tha  central  pmiiant, 


if  diiki, 

loiengei,  roeettee,  irj-learo,  latoi  bodf,  and 
hippocampi. 

Among  the  moat  maaterlf  prodnctioni  of  the 
Greek  galdimith,  are  certain  necklace*  from  the 
Caftellani  CoUection,  now  in  the  Bntiih  Un- 
ienm.  (Conanlt  aUo  Comple-rtndu  da  la  Cbnun. 
Arch.  Imp.  1865,  pi.  U.,  1869,  pi.  i. ;  Antiqui- 
t^tdu Botphort  Cii7anfr^n,f\.i\.-j.\i. ;  Fontenay, 
£«(  Bijoux  ancient  tt  modirnn,  p.  129.) 

Tha  necklace  appear*  aometime*  to  have  been 


Xeckbce&omHelo*.    (BrtUita  U 

u^  is  the  form  of  n  aerpeat  coiled  ronnd  the  I  which  Polyaeicei  induced  Briphf  la  to  betraf 
■■T  c  of  the  wearer,  a  fUnn  not  uncommon  for  her  husband.  (Apollod.  iiL  4,  2 ;  6,  2-6  ;— 
■■Titt^iU.  Thia  at  least  wai  the  eaie  with  the  Diod.  Sic  it.  65 ;  r.  49 ;— SerT.  in  Am.  tI. 
'Tkiia  which  waa  giTen  bj  Venai  or  b;  Cad-    445.) 

ra  u  HarmoDia  ai  a  nnptial  present,  and  The  beantf  and  iplendoor  ai  well  la  the  Talaa 
■^a  is  daeribed  bjr  Nonnui  (fiionsiiaai,  t.  of  necklacei  were  enhanced  '^  the  addition  of 
"^11<9)  at  a  length  of  Gflj  lines.  The  same  I  pearU  and  predons  stones.  These  were  either 
^^klice  afterwarda  appean  as  the  bribe  with  |  aet  in  the  gold  necklaca  ("  monilia,  in  quibua 


180 


MONOPODIITM 


MOBTABIUM 


ffemmae  et  margaritae  insQiit,*'  Dig.  34,  2,  32, 
§7;  cf.  ibidem,  §  1)  or  lospended  freely  from 
it  (cf.  Pollux,  y.  98).  For  thU  purpose  emeralds 
C'smaragdi,"  C.  /.  X.  ii.  3386)  or  other  stones 
of  a  greenbh  hue  (*'  virides  gemmae,"  Jut.  v\. 
363)  were  often  employed.  The  necklace  of 
Harmonia,  quoted  abore,  was  elaborately  set 
with  precious  stones.  As  stated  abore,  the 
necklace  from  Saticola  was  set  with  rubies.  The 
hooks  or  clasps  for  fastening  the  necklace  be- 
hind the  neck  (clusurae)  were  also  various,  and 
sometimes  neatly  and  ingeniously  contriyed. 
Some  account  of  the  different  kinds  of  links 
employed  is  given  in  the  article  Catena. 

Besides  a  band  encircling  the  neck,  there  was 
sometimes  a  second  or  even  a  third  row  of  orna- 
ments, which  hung  lower  down,  passing  oyer  the 
breast!  Such  objects  on  the  yase-paintings  are 
usually  worn  by  hetaerae.  (Hom.  Hymn,  in 
Ven.  ii. ;  *'  longa  monilia,"  Ovid.  Met,  x.  264 ; 
BQttinr,  SabinOf  ii.  p.  129.) 

Valuable  necklaces  were  sometimes  placed  as 
dedicated  offerings  upon  the  statues  of  Minenra, 
Venus,  and  other  goddesses.  (Sueton.  Oalba, 
18.)  Necklaces  and  other  ornaments  were  also 
occasionally  placed  on  the  statues  of  deceased 
women.  For  inyentories  of  such  dedications,  see 
C,  L  L,  ii.  2060,  3386,  and  Henzen,  6141,  dis- 
cussed by  Htibner,  in  ffermsSf  i.  (1866),  p.  345. 
Horses  and  other  favourite  animals,  such  as 
deer,  were  also  adorned  with  splendid  necklaces 
Caurea  pectoribus  demissa  monilia,"  Verg. 
Agn.  vii.  278 ;  **  gemmata  monilia,"  Ovid.  Met. 
X.  113;  Claudian.  Ejng,  xxxvi.  9  ;  A.  Gell.  v.  5). 
[TOBQUEB.]  [J.  y.]    [A.  H.  8.1 

MONOPO'DIUM.  [MENaA.] 
MONCPTEROS.  fTKMPLUM.] 
MONO'XYLUM.  [Kavis.] 
MONUMENTUM.  [Sepulobux.] 
MOBA.  The  mere  fact  of  a  legal  duty  not 
being  discharged  at  the  time  when  it  is  due  can 
give  rise  to  important  legal  consequences,  which 
either  may  depend  on  the  terms  of  the  contract 
giving  rise  to  the  duty,  or  on  rules  of  positive 
law.  After  such  delay  the  creditor  is  entitled 
to  use  all  legal  means  to  obtain  satisfaction  for 
his  demand :  thus  he  may  be  able  to  bring  his 
action  against  his  debtor  or  against  those  who 
have  become  sureties  for  him,  and,  in  the  case 
of  pledge,  he  may  sell  the  thing  and  pay  himself 
out  of  the  proceeds  of  the  sale.  For  particular 
cases  there  are  particular  provisions;  for  in- 
stance, the  purchaser  of  a  thing  after  receiving 
it  must  pay  interest  on  the  purchase-money,  if 
there  is  delay  in  paying  it  after  the  time  fixed 
for  payment  (Dig.  29,  1,  13,  §  20).  The  rule  is 
the  same  as  to  debts  due  to  the  fiscus,  if  they  are 
not  paid,  when  they  are  due.  An  emphyteutic 
tenant  could  be  ejected  if  he  delayed  the  pay- 
ment of  his  rent  for  three  years. 

A  stipulation,  similar  in  principle  to  our  bond, 
was  frequently  entered  into,  by  which  a  party 
was  made  subject  to  a  penalty,  if  he  did  not 
perform  some  act  within  the  time  agreed  on. 
The  delay  of  which  we  have  been  speaking  waa 
simply  a  non-fulfilment  of  a  duty  at  the  proper 
time ;  and  the  term  mora  is  sometimes  applied 
to  such  cases.  But  that  which  is  properly  Mora 
is  when  the  delay  on  the  part  of  him  who  owes 
a  duty  can  be  attributed  to  his  fault  (culpa). 

Mora  in  this  its  technical  sense  presupposes 
the  existence  of  an  obligation  enforceable  by 


action  and  also  knowledge  of  liability  on  t 
part  of  the  debtor.  As  a  general  rule  a  debi 
was  not  in  mora,  until  he  had  received  an  mt 
pellatio  or  notice  from  his  creditor  demand] 
satisfaction  of  his  claim  (^  a  interpellatua  opp 
tuuo  loco  non  solvent,  quod  apud  judicem  e: 
minabitur").  In  delictal  obligations,  howe? 
and  in  case  of  the  absence  of  the  debtor,  ini 
pellatio  was  not  required.  Where,  too,  a  pen 
was  bound  to  make  some  payment  or  perfor 
ance  by  a  fixed  date,  he  was  understood  to  hi 
sufficient  notice  of  the  wish  of  the  creditor 
receive  payment  at  this  date  without  any  spec 
interpelHatio  being  necessary.  (For  references 
the  modem  literature  relating  to  the  maxim 
the  glossators,  diet  adjectut  interpellat  pro  homi 
see  Windscheid,  Pandekten,  iii.  §  278,  n.  4.) 

A  debtor  was  not  m  mora  who  failed  to  p< 
form  his  obligation,  if  there  was  a  good  excuse  i 
his  non-performance.  Some  modem  writeri  i 
of  opinion  that  all  delay  in  a  person  dischargi 
an  obUgatio  is  Mora,  unless  there  be  some  im\ 
diment  which  is  created  by  causes  altogeth 
external  to  the  debtor  himaelf  (impedimen 
natitralia\  but  there  are  many  reasons  for  t 
opinion  that  Mora  in  its  proper  sense  always  ii 
plied  some  culpa  on  the  part  of  the  debt 
(Vangerow,  Pandekten,  §  588).  In  &ct,  ti 
special  rules  about  exouBotionee  a  mora  only  ha- 
a  meaning  on  this  supposition. 

When  Mora  could  be  legally  imputed  to 
man,  he  was  bound  to  make  good  to  his  credit! 
all  loss  which  was  a  consequence  of  it.    Thiu, 
cases  where  a  man  did  not  pay  money  or  deliri 

f property  of  another  when  he  ought,  be  «i 
iable  after  Mora  had  taken  place,  if  not  pr 
viously  liable,  for  interest  and  mesne  protiti 
this  rule,  however,  owing  to  technicalities  \ 
procedure,  only  applied  to  dUigatumes  W 
fidei^  not  to  obligationee  stricti  juris.  Again,  | 
was  a  rule  that  a  bailee  of  property  was  zu 
liable  on  account  of  its  accidental  loss  or  d' 
terioration  (casmn  nemo  praestai);  but  sft< 
Mora,  if  a  man  was  bound  to  deliver  a  thing  I 
another,  and  it  was  accidentally  destroyed  « 
injured,  he  was  to  bear  the  loss  (Dig.  12, 1,  ^ 
So,  too,  if  a  thing  to  be  deliveKd  declined  i 
value,  the  creditor  could  claim  ita  highest  vsh 
since  the  date  of  Mora. 

There  might  be  Mora  on  the  aide  of  the  cr 
ditor  (tnora  acdpiendi)  as  well  as  on  the  side  < 
the  debtor  (mora  eolvendt). 

A  creditor  was  in  mora  if  he  refused  to  sceq 
performance  of  what  was  due  to  him.  The  d« 
was  not  extinguished  by  such  refosai,  bat  ' 
debtor  was  subsequently  only  liable  for 
lata,  and  the  creditor  was  bound  to  indemi 
him  for  any  loss  which  was  a  consequence  of  I 
mora  aocipiendi.  (Dig.  22,  1,  de  Uturi*  ft  Fr 
tibtis  ;  Madai,  Die  Lehre  von  der  Mora ;  Wolff, ' 
Lehre  von  der  Mora  ;  Fr.  Mommsen,  Bcitrage 
Obligationenrecht,  3  Abth. ;  Vangerow,  Pa 
ten,  iii.  §  588 ;  Windscheid,  Pandekten,  f$ 
281, 345, 346 ;  Id.  im  ItUin,  Arch,  xliv.  2 ;  Knk 
Die  Mora  dee  Schuidnert.)  [O.  L.]    [E.  A.  W^ 

MORA.    [EXERC1TU8,  Vol.  I.  p.  769.] 

MOHIO.    [NANUi.] 

MOBTA'RItJM,  also  called  PILA,  a^ 
tar :  the  Greek  words  to  express  it  are  " 
0vc(a,  and  in  old  Attic  fySir.    (See  Bntherfd 
New  Phryn.  p.  252.) 

Before  the  invention  of  mills  {Vou] 


UOBTABIUM 


MUBBHINA 


181 


*»  povoded  and  mbbed  in  mortars  (pistum), 
aeJ  keoce  the  place  for  making  bread,  or  the 
kakdMose,  was  called  putrinum,  (Serv.  in 
Verg.  AoL  L  179.)  The  ancient  process,  as 
■caJ,  is  identified  with  a  special  deity  in  the 
■UK  Pihtmmtu,  Also  long  after  the  introduc- 
tiaa  of  mills  this  was  an  indispensable  article  of 
icsBotic  funitore.  (Plant.  Aui.  i.  2, 17  ;  Cato, 
it  Et  Bust  74-76 ;  Colnm.  de  He  Bust  xii.  55.) 
FJaj  {H.  N,  zriii.  §  97)  says  that  it  was  still  in 
the  imperial  times  used  in  many  parts  of  Italy 
&r  com  instead  of  a  mill.  The  material  was 
MaeUnes  wood,  sometimes  stone.  THesiod.  Op. 
421XaiiuBerating  the  wooden  ntensils  necessary 
to  a  fiumer,  directs  him  to  cnt  a  mortar  three 
fid,  SBd  a  pestle  (ffvtpes,  9ol9v^,  pUunif  pistil- 
I'iMi)  three  cubits  long.  Both  of  these  were 
Mdatly  to  be  made  from  straight  portions  of  the 
tnaks  or  branches  of  trees,  and  the  thicker  and 
»iK<rter  of  them  was  to  be  hollowed  (Hes.  /.  c). 
Tb«T  might  then  be  nsed  in  the  manner  repre- 
•fited  in  a  painting  on  the  tomb  of  Rameses  III. 
^  Thebes  (see  wooidcnt,  left-hand  figure  taken 
frooi  Willcinson,  toI.  ii.  p.  383) ;  for  there  is  no 
nuoa  to  doubt  that  the  Egyptians  and  the 
Greeb  £uhioned  and  used  their  mortars  in  the 
Mne  manner.  (See  also  Wilkinson,  rol.  iii. 
p.  181,  showing  three  stone  mortars  with  metal 
pestkt.)  In  these  paintings  we  may  observe 
ihe  thickening  of  the  pestle  at  both  ends,  and 
tMt  two  men  pound  in  one  mortar,  raising  their 
peitks  alternately  as  is  still  the  practice  in 
l^:Tpt  The  expression  ''ntuftim  pilum"  (Plin. 
Ii.  y.  xriii  §  97)  merely  implies  the  perpendi- 
<ilar  downward  stroke  (rvere)  of  the  pestle. 
rHfif  {H.  M  xxxYJ.  §  43)  mentions  the  yarious 
^^  of  stone  selected  for  making  mortars, 
^omding  t«  the  purposes  to  which  they  were 
i^itoded  to  serre.  Those  used  in  pharmacy 
«ert  iometimea  made,  as  he  ears,  <*  of  Egyptian 
ufattter."     The   annexed  woodcut  shows  the 


Bgyptian  Uottan^ 

^^  of  two  preserved  in  the  Egyptian  Collec- 
^  of  the  British  Museum,  which  exactly 
«Hwer  to  this  description,  being  made  of  that 
i^steniL  They  do  not  exceed  three  inches  in 
^ht:  the  dotted  lixMs  mark  the  cavity  within 
^^  The  woodcut  also  shows  a  mortar  and 
Pfo^'Cf  make  of  baked  white  clay,  which  were 
"^i^^ered,  a.d.  1831,  among  numerous  speci-^ 
'^'cs  of  fioman  pottery  in  making  the  northern 
^Ppnnches  to  London  Bridge.  (^Archaeologies 
^^  im.  p.  199,  plate  44.)  / 

Schbemaan's  lOoa,  p.  235,  figures  an  ancient 
^^  iBcttar  and  pestle  found  at  Hissarlik. 


Besides  the  old-fashioned  use  instead  of  corn- 
mills,  they  were  retained  for  all  purposes  for 
which  the  mortar  and  pestle  are  now  employed 
in  the  kitchen  or  the  laboratory.  (For  drugs, 
Pausan.  v.  18,  1 ;  Plin.  ff,  N.  xxxiiL  §  123, 
xxxvi.  §  176,  for  making  mortar  or  plaster.) 

Another  sort  o{  pila  or  mortarium  is  described 
(rather  obscurely)  by  Pliny  (xviii.  §  97)  as  used 
in  Etruria,  where,  instead  of  the  ordinary  shape, 
there  seems  to  have  been  a  sort  of  tube  of  iron 
notched  inside  and  with  star-shaped  points  or 
teeth,  through  which  the  grain  was  forced  by 
the  iron  pestle,  working  probably  inside  with  a 
circular  motion.  It  is  perhaps  a  similar  kind  of 
mortar  that  Polybius  is  thinking  of  in  his  de- 
scription of  the  battle  of  Mylae  (i.  22,  7)  when 
he  speaks  of  the  corvtu,  with  the  arvXos  ffrp&y 
yv\of  and  the  aiHripovy  otoy  fiwtpoy  attached  to 
it,  as  in  outward  appearance  resembling  /mixayal 
ffnovctueai.  (See  also  Bliimner,  Technologies  i. 
15.)  For  the  mortarium  of  the  oil-press,  see 
Tripetum.  [J.  Y.]    [G.  E,M.] 

M08.    [Jus.] 

MOTHAO]^  MOTHO'NES  QUeuKUy 
fiiSwrts).    [OiyiTAB,  Vol.  I.  p.  446  6.] 

MUCIA-NA  CAUTIO.    [Cautio.] 

MU'LLEUS.    [Calceub.] 

MUL8UM.    [ViNUM.] 

MULTA.    [Poena.] 

MUNEBA'TOB.    [Gladiatores.] 

MU'NICEPS,  MUNICrPlUM.  LColonia; 

FOEDERATAE  ClYIT ATR8.] 

MUNUS.    [HoNOREs;  Gladiatores.] 

MUNT'CJHIA  (funv^ia),  a  festival  cele- 
brated in  April  in  honour  of  Artemis  Munychia, 
as  the  goddess  of  the  full  moon  shining  alone  by 
night  (jiovtrvx^  foT  fMwpyvxta).  Plutarch  (de 
Olor,  Ath,  p.  349  F)  says  that  it  was  instituted 
to  commemorate  the  victory  over  the  Persians 
at  Salamis,  and  that  it  was  held  every  year  on 
the  sixteenth  of  Munychion,  near  the  port  which 
was  named  after  the  goddess.  (Cf.  wSrwia 
Mowvxiv  Xtfisrocric^,  C^llim.  Dion,  259.)  It 
was  believed  that  the  goddess  had  helped  the 
Greeks  with  her  light  on  the  night  before  the 
battle.  (Compare  Suidas  and  Harpocrat.  s.  v. 
Movrvxtvr.)  The  sacrifices  which  were  offered 
to  the  goddess  on  this  day  consisted  of  cakes 
called  SfiAi^rrts,  Itecause  these  cakes  were 
adorned  all  round  with  burning  candles.  (Athen. 
xiv.  p.  645 ;  Suidas,  s.  v,  'Ardtrrarot :  Hesych. 
and  Etym,  M,  s.  v.  *A^(^y.)  Lysander 
added  insult  to  injury  by  ordering  the  long 
walls  to  be  demolished  on  the  day  of  the  Muny- 
chia.  (Pint.  Lye.  15;  Preller,  Or,  Myth,  i. 
p.  236.)  [L.  S.]    [G.  E.  M.] 

MUBAXIS  GOBONA.    [Ck>RONA.] 

MUBEX.    [Tribulus.] 

MU'BIES.    [Vewales.] 

MU'BBHINA  or  MU'BREA  VASA  were 
first  brought  to  Rome  in  61  B.O.  by  Pompey, 
who,  after  his  triumph,  dedicated  cups  of  this 
material  to  Jupiter  Capitolinus  (Plin.  H,  N, 
xxxvii.  §  18).  Pliny  (ibidem)  states  that  the 
price  of  these  vases  was  continually  increasing, 
and  that  70,000  sesterces  were  paid  for  a  cup 
holding  three  eextarii.  He  also  speaks  of  a 
irvUla  which  cost  300,000  sesterces,  and  of  a 
drinking  cup  for  which  Nero  paid  a  million 
sesterces.  The  costliness  of  these  objects  may 
also  be  inferred  from  Seneca,  de  Ben,  vii.  9; 
Hattial,  iu.  82,  25 ;  Plin.  H,  N.  xxxvii.  §  20. 


182 


MURUS,  MOENIA 


According  to  Pliny's  account  (J7.  iT.  xxxvii. 
§  8),  the  material  came  from  varioos  little- 
known  regions  in  Parthia,  the  best  specimens 
being  obtained  from  Carmania.  He  states  that 
it  was  supposed  to  be  a  moist  substance  (Aumor), 
solidified  by  subterranean  heat ;  that  the  pieces 
never  exceeded  the  size  of  small  tablets  (oftoct) 
in  breadth,  and  were  rarely  as  thick  as  the 
drinking  cups  above  quoted.  They  were  also 
fragile,  and  the  chief  value  lay  in  the  variety 
of  the  colours,  which  were  purple  and  milky- 
white,  with  subtle  gradations  and  interchanges 
between  the  two.  Some  connoissenrs  chiefly  ad- 
mired  an  effect  of  iridescence;  others  admired 
opaque  fatty  spots  (^pinguea),  crystalline  de- 
posits (9cUet%  and  warts  (verruoae  non  emmentesj 
aed ...  pUrwnqve  tenUea).  The  smell  was  also 
approved. 

There  has  been  much  discussion  as  to  the 
nature  of  the  material  thus  described  by  Pliny, 
and  it  has  frequently  been  held  that  the  mur- 
rhina  vasa  were  true  Chinese  porcelain.  Con- 
firmation is  sought  for  this  view  in  the  words  of 
Propertius  (iv.  5,  26),  '*  Murreaque  in  Parthis 
pocula  cocta  focis.*' 

It  is  also  argued  that  the  importation  of 
porcelain  from  the  far  East  is  proved  by  the 
^scovery  of  Chinese  vases  in  Egypt.  But 
probably  all  such  vases  belong  to  a  very  late 
'date.  One  specimen,  for  example,  which  is  now 
nn  the  Egyptian  Collection  of  the  British 
Jlluseum,  is  inscribed  with  a  line  from  a  Chinese 
poet  of  the  11th  century  A.D.  Moreover,  the 
ancient  witnesses  to  the  fact  that  the  material 
is  a  natural  mineral  are  too  numerous  and  too 
clear  in  their  testimony,  to  let  this  theory  be 
.admissible.  In  addition  to  Pliny's  account 
above  quoted,  the  following  anthorities  may  be 
cited  :--Plin.  H.  N.  xxxui.  §  5,  xxxvii.  §  204 ; 
Sidon.  Apoll.  Caarm.  11,  20;  Penpl.  M.  Erythr. 
p.  27,  c.  48 ;  cf.  also  Dig.  34,  2,  19,  §  19. 

No  mineral,  however,  has  been  suggested 
which  answers  very  exactly  to  Pliny's  descrip- 
tion. The  onyx  has  been  proposed,  but  our 
authorities  plainly  imply  that  the  onyx  was  a 
material  akin  to  but  yet  distinct  from  that  hei-e 
in  question.  (Cf.  Lamprid.  Beliogab.  32,  and 
Peripl.  M.  Erythr.  p.  27,  c.  48.)  Jade,  fluor- 
spar, and  a  special  kind  of  agate,  the  "  Chinese 
agate,"  have  also  been  advocated,  but  at  present 
the  problem  is  unsolved.  (King,  Precioua  Stones^ 
■GemSf  and  precious  Metals,  p.  237  ;  Marquardt, 
Frivatieben  d.  E^mer,  p.  743 ;  Blumner,  Techno- 
Jogie,  iii.  p.  276.)  [A.  H.  S.] 

MURUS,  MO£/NIA  (recxos),  a  wall  sur- 
rounding an  unroofed  enclosure,  in  contradis- 
-iinction  to  Pa&IEB  (roixos),  the  wall  of  a  roofed 
building,  such  as  a  temple  or  a  house.  This 
distinction  appears  to  be  the  true  differentia  of 
the  words :  the  fact  that  the  munu  usually  was 
a  wall  of  more  massive  construction  is  rather  an 
accidental  than  an  essential  difference.  As  far 
as  concerns  construction,  there  is  no  difference 
between  them,  and  so  the  following  remarks  on 
this  point  may  be  taken  to  refer  equally  to 
Mtartu  and  Paries, 

A  third  word,  maceria,  is  often  used  by  Latin 
authors  to  denote  a  fence  wall  of  a  less  massive 
kind  than  the  fmants  (see  Cato,  E.  E.  15 ;  and 
Caes.  E,  G.  vii.  69) ;  and  hence  it  is  also  used, 
like  the  Greek  ftOKtXop  or  ftdKtXos,  to  denote 
the  space  enclosed. 


MUBUS,  MOENIA 

Prt'Eoman  Methods  of  Cms^rMctioa. 

I.  Ericka. — ^It  is  only  within  recent  years 
that  archaeologists  have  realised  how  reiy  im- 
portant and  extensive  the  use  of  siin-<lried 
bricks  was,  not  only  in  Egypt  and  the  plains  cf 
the  Euphrates,  but  also  in  Greece  and  Rome, 
even  as  late  as  the  Christian  era.  The  fact  is 
that,  as  long  as  a  wall  of  unbnmt  bricks  is  pro- 
tected from  the  weather,  either  by  a  facing  of 
stone  or  even  by  a  coating  of  fine  stucco,  it  is 
almost  as  durable  as  stone  or  kiln-fired  bricks. 
When,  however,  it  once  begins  to  fall  into  mio, 
the  process  of  decay  is  very  rapid  and  complete, 
and  it  is  only  in  exceptional  circumstances  that 
remains  of  this  kind  of  wall  have  lasted  to  tfa« 
present  day. 

In  Egypt,  although  carefully  dressed  blocks 
of  stone  were  used  for  the  main  walls  of  the 
principal  temples,  yet  unbumt  brick  was  bj  far 
the  most  common  method  of  constniction,  not 
only  for  ordinary  domestic  buildings,  but  also 
very  largely  for  the  outer  precinct  walls  of  the 
temples,  and  for  such  magnificent  royal  palaces 
as  that  of  Barneses  the  Great,  which  was  dis- 
covered a  few  years  ago  at  Tel-el-Tahondeh  in 
the  Delta.  In  the  Greek  city  of  Naucrstis,  also 
in  the  Egyptian  Delta,  unbumt  clay  was  not 
onlv  used  for  all  the  houses  of  the  colony  [DoMts, 
Vol.  I.  n.  659  a],  but  was  also  employed  for  the 
walls  or  the  various  temples,  stnd  for  the  great: 
Pan-hellenicon  or  commercial  Guildhall  of  the 
associated  Greek  states.  In  the  account  of  the 
pre-historic  palace  at  Tiryns  [DOMtJS,  Vol.  I. 
p.  655],  a  common  early  method  of  constrnction 
is  described ;  the  lower  part  of  the  wall  being  of 
stone  to  a  height  of  about  3  feet,  and  the  upper 
part  of  sun-dried  bricks  covered  with  painted 
stucco. 

The  most  remarkable  examples  of  the  nse  oi 
sun-dried  bricks  for  the  most  massively  boill 
and  lofty  structures  of  every  kind  were  to  b^ 
found  in  ancient  Ajsyria  and  Chaldaea,  wfaer^ 
stone  was  scarce,  and  large  quantities  of  th| 
finest  clay  had  been  deposited  by  the  Tigris  an<i 
Euphrates.  Great  care  wns  taken  in  the  pr^ 
paration  of  these  bricks :  the  clay  was  tempered 
by  long  beating  and  turning  over  for  complete 
exposure  to  the  weather,  then  mixed  with  strain 
or  rushes,  and  firmly  pressed  by  hand  int^ 
wooden  moulds;  lastly,  the  bricks  were  tho- 
roughly dried  in  the  summer  sun.  The  ontei 
faces  of  the  more  important  walls,  those  of  thi 
temples,  palaces,  and  circuit  walls  of  the  cities 
were  defended  by  casings  of  stone  or  of  bnrnl 
brick,  built  **  batiering "  with  offsets,  so  as  li 
be  much  thicker  at  the  base  than  at  the  to| 
An  excellent  natural  cement  was  supplied  b] 
the  numerous  springs  of  hot  bitumen,  applieabj 
both  to  fired  and  sun-dried  bricks  (see  Herod,  i 
179).  Bond-courses,  consisting  of  larers  c 
reeds,  were  built  in  at  regular  intervals:  thi 
is  mentioned  by  Herodotus  {foe  ciL),  sni 
examples  of  the  practice  have  been  found  b 
recent  excavators.  Great  care  was  taken  t 
keep  the  masses  of  crude  brick  from  snfieriiv 
from  damp :  ventilating  pipes  were  arranged  s 
as  to  expose  the  inner  parts  of  the  walls  to  th 
drying  power  of  the  wind,  and  sdso  to  allow  tfa 
escape  of  any  enclosed  moisture.  This  wi 
specially  necessary,  as  in  some  cases  no  bitume 
or  other  mortar  was  used ;  initaad  of  which  tt 


MnBUS,  UOENIA 

tna  wen  nt  while  itill  moiit,  *o  that  rach 
ifHati  to  th»  next  eoiUH,  ind  thoi  tlia  whole 

tliii-Gtad  bricki  were  aLio  tued  from  reiy  ttaly 
uoH,  ut  only  u  facing!,  bat  for  Tftalti,  domei, 
i.-dia,ud  Dtlier  imporUnt  coDstmctioiuil  pniv  | 
jiB.  The  Tower  of  Babel,  mantioaed  in  Qen. 
B.  3,  vu  of  bornt  bricki  i«t  in  bitomeu ;  uid  I 
lit  hhM  magnifiDait  kind  of  man!  decoration 
npndoMd  bj  the  nu  of  bricks  ci>at«d  with 
bnilaat  eolonrcd  roaiDsla.  <S«e  TitmT.  i.  5. 
Ill  (uthcT  iDformatioD,  aee  layard,  Xkusth  ; ' 


HOBUS,  HOENIA. 


183 


Loftnf,  Traveli  in  ^uyriii ;  Place,  iKtiM  ;  and 
Ferrot  and  Cbipiei,  C/ialdata  and  Aityria,  toI.  i.; 
and,  by  the  lame  author*,  Egypt.)    [Later.] 

AmoDg  earl  J  examples  of  ikilfully  constructed 
walla  for  purposes  of  defence,  some  of  those 
erected  by  people  of  the  Phoenician  race,  in 
varioDs  parts  of  the  world,  njc  perhap  the-moat 
striking.  Recent  eicaiaCioB«-at~ThBpsns,  near 
Carth^e,  hsTc  brought  to  light  the  elaborate 
and  mauite  character  of  tha  city  wall,  which 
was  about  21  feet  thick,  with  sqiiarB  towen 
projecting  outwards  at  regular  intervale,  >o  u 


eeetign  of  Will  oIThapans. 


attacking  army   I  roi 
loTe  the  gronnd   |  of 
roughly  dreeaed, 
torcnst  battering-rsmi.    The  upper  part 


'tt  lonr  part  of  th 
W,  wit  tnilt  of  K 


■u  rf  iDD-dried  bricki  coated  with  atueco,  and 
aotiisid  two  tiers  or  atoriea  of  gnard'chimbers, 
"^otat  to  give  BCCommodatioD  for  a  large 
prnsia  of  both  men  and  hoiaei.  Accni  was 
^ns  to  the  lower  story  of  chambera  by  inclined 
ilta  br  tha  use  of  the  honee.  Cistema  for 
lit  itnag*  of  rain>wat«r  In  case  of  siege  were 
"ntncted  below  the  grouod-lavel  in  the  thick- 
'■B  ol  tb*  wall — a  common  arrangement  In 
aril  ijitems  of  fortification.  (Sea  Ferrot  and 
Qiipiti,  PkceiHcia,  i.  p.  354.) 

Is  oiIkt  places  tha  Phoenidani  appear  to 
i"i  built  wholly  of  alone.  Aecording  to 
*rt«ii  (AniAaiit,  it  21,  3),  the  walls  of  Tyre 
•mbiillof  large  atones  aet  in  lime  <mortar) 
^r  ■euity  trace*  now  eiiit  of  this  once  almost 
"■Fnfiiable  city  ;  hut  another  Phoenician  wall 
tai  Bantu  (Syria)  still  eiista  in  places  to  ■ 
'>«^t  oTSS  feet,  Tarying  fitim  IS  to  30  feet  m 
tubtiB.  It  i*  built  of  roDghly-dressed  blocki 
W  limotoM,  set  on  borizontiil  beds,  but  with 
"V^  bntt  joints  filled  up  by  the  insertion 
'f  aaall  stones.  The  nmuns  of  the  Punic 
™dd  U  Eryi  in  N.  Sicily  are  of  similar  cha- 
'"^i  witli  maauTe  itona*  roughly  shaped  and 
tmwl  in  IB  irTtgnlar  manner. 

.  h  a  iilirating  to  compare  with  these  Fhve- 


oftha  historic  period  attributed  their  erection 


li  tha  famoua  dtadel  of  Hryni,  lur*  |  to  the  bbled   Cydopi,  working  for  god-Uks 


184 


UUBU8,  HOENIA. 


heroM  (aw  Paul.  ii.  25).  Tha  ibore  cut  ihowi 
a  probsbU  ratoratioD  of  tha  TirjDthuui  wftll, 
u  diKOTtred  bj  Dr.  DOrpfeld  <■«  Schliemaan 
■ud  Dorpftld,  Kryru,  p.  318  tiq.).  The  but  of 
the  wkU  reiti  on  a  levelled  inil'ace  cut  for  it  in 
the  rock :  it«  lower  put  ii  built  of  thoie 
inimeDH  blocki  which  aroiuad  the  wonder  of 
Herodotni  end  other  Greelu  doou  to  Pauiudu. 
Some  in  u  much  u  10  feet  losg,  raaghl; 
(haped,  with  imaller  atonea  to  till  np  the  inlet- 


iticei,  *nd  the  whole  bedded  carefully  in  clar, 
tucd  Initesd  of  mortar:  another 'comman  earlf 
method  of  conitrnction.  Aa  in  the  walli  of  the 
Panic  Thapana  and  Hfna,  tha  lower  part  ii 
■olid,  but  aboTe  that  rowa  of  chamber!  are 
ronned,  together  with  a  corered  pauage  into 
which  each  room  opent.  The  roofing  ii  formed 
b;  lane  blocki,  let  like  oorbela,  each  projecting 
orer  the  ooane  below,  a  Tery  niual  primitire 
method  of  obtainiog  the  arch  ahape  withont  tha 
principle  of  the  arch.  Above  thii,  along  part 
of  the  circuit,  waa  a  aecond  ator;  of  cbimben, 
boilt  of  anii-dried  bricka;  and  tbmt  the 
pasiage  wu  an  open  colonnade,  with  wooden 
|dllan  ToaUng  on  iloDe  block*,  and  lapporting 
Qirabablf)  a    flat   wooden    roof  cotcred    with 

A  very  Intereating  inacriptlon  (Oir.  Tn»c.  Alt, 
ii.  167),  relating  to  a  reatoration  in  the  4th 
century  of  the  wall*  of  Athena,  ihowi  that  a 
vtij  umilar  arrangement  eiiated  there.  It 
mention*  tha  upper  portion  of  the  Athenian 
wall  aa  being  of  brick,  with,  at  the  top,  a 
covered  gallery  (upportad  on  column*,  and  row* 
of  windawa  closed  by  wooden  Bap-ahntterB. 
The  roofing  conaiited  of  wooden  beima  or  joists, 
on  which  were  burnt  clay  tiles  bedded  in  moi»t 
clay.  Thi*  wall  «■*  deatroj-ed  by  Sulla,  and  a 
large  number  of  fine  lomb-reliefa  were  dii- 
covered  a  few  jeara  ago  aafely  buried  in  the 
decompoied  erode  clay  brick*  of  which  the 
upper  part  of  the  walls  of  Athens  bad  been  con- 
atructed.  At  appears  to  hare  been  the  general 
custom,  the  walls  of  Tiryoa,  uid  those  of  Athens 
nearly  a  thoasauil  yeara  later  in  date,  were 
strengthened  by  equate  towers  let  at  interrali 
along  the  circuit. 

Another  intereiting  example  of  tbji  n 
crude  brick  and  stone  is  still  to  be  traeed  at 
Uantiueia,  where  almost  the  whole  circuit  i 
the  dty  wall  (till  eiisU  up  to  where  the  bri( 
began.  The  alone  ba*e,  which  is  nearly  4  fer 
high,  is  formed  with  a  level  bed  at  the  top  ( 
receive  the  opper  clay  part.  It*  thickness 
10  feet,  made  ap  thu( — first  aa  outer  f*cing  i 
dreiaed  itone  4  feet  thick,  a  limllur  inner  facie 

3  feet    thick,   and    an    intermedinte   tilling   i 

4  feet  thick.  The  tricing  is  nf  closely-jomtcd 
blocks,  let  without  mortar:  tha  inner  portion 
ia  a  Bort  of  concrete  mode  of  amall  atonea,  time 


HUBUB,  HOENIA 


The  nae  of  crude  brick  for  city  walls  led  to 
curiooa  lyatem  of  attack  beinj;  sa 
adopted.  Thni,  when  Agesipotis,  king  of  . 
besieged  Uantineia,  he  directed  the  stream  OpMJ 
along  its  walla,  and  so  washed  away  the  I  *' 
at  one  place  aulEciently  to  make  a  breach, 
■ame  method  of  attack  was  employed  by  Uince^ 
the  son  of  Uiltiadu,  sgiiiul 
tha  wall*  of  £ion  on  t'  ~ 
Strymon. 

Thongb  kiln-lired  hricU 

were  largely  oaed  in  anciml 

Kgypt   and   itill    more  iW 

Assyria,  the  Greeks  apjwar 

to  have  eoiplojed  tbem  vciy 

■pari  ugly,    and    no   Kouuft 

eiampiee     arc      known    ei 

earlier   date    than   the   lit 

centnry  KC.      According  W 

nsaniiis   (v.    SO},    the    drcnlar    Philippeion 

Olympia  wa*  built  of  baked   brick,  but  th* 

sting  remain*  were  found   to   be  of  tliflte 

[I.  Stone  Qnutnctim.—'nit  iiiast  primitiie 
tTpe  of  stone  masonry  is  that  in  which  large 
blocks  are  used,  very  roaghly  dresiad  with  an , 
aia  or  hammer;  imall  atones  bung  used  te  liU 
up  the  open  joints,  and,  as  a  rule,  a  beddiajel 
clay  insUad  of  a  lime  mortar.  Tne  abor(- 
mentioned  walla  at  Tiryns,  dating  probably  not 
leas  than  11  or  IS  ceuturiea  before  Christ,  are 
the  most  remarkable  eiiiting  examples.  This 
method  of  building  was  not,  howoTcr,  employed, 
even  at  so  early  a  date  as  the  coustmction  of 
the  Tirynthiap  Acropolis,  on  account  of  wsat  of 
tufficient  akill  to  work  stone  neatly ;  bat  simply 
because  such  rough  and  massive   masocry  «u 


e  evidence  t< 


wlhtt 


eliborauly 


Dr.  DBrpfeld  found  amp! 

the  Tirynthian  builden 

moat  varied  kind*,  Gt  for'  the  n 

finiihed    stone-work.      Kot   only   c_.. 

used,   but   even  Jewel-tipped  drill*,  both  loUil 

and  tubular,  and  aaws  set  with  comndnni,  it 

other  hard  crystals,  such  ea  were  used  >i  early 

as  4000  n.0.  in  Egypt  to  work  the  refractory 

granites  and  basalts  of  the  ancient  dTsatHa. 

Any  chronological  arrangement  of  the  v.-irioo* 
kinds  of  masonry  would  be  misleading.  Oatol 
the  oldeat  eiisling  bnildiugs  in  the  world,  the 
Bo-called  "Temple  of  the  Sphini,"  near  the 
Great  Pyramid  in  Egypt,  ia  built  of  the  mat 
perfectly  regular  and  neatly-fitted  blocks  of 
■tone;  Its  inner  walls  being  lined  with  jra' 
slab)  of  beantlfol  tnntlucent  alabaster,  5  or  S 
inches  thick,  aa  perfectly  fitted  that  the  JoinU 
are  hardly  viiibla  ;  this  beautiful  lining  is  "" 
rapidly  being  atolen.  The  wall*  at  Ifyceose, 
certainly  earlier  than  1000  n.c.,  consist  ia  ""'' 
places  of  large  blocks  very  accurately  squsnli 
with  perTfcIly  fitting  bedi  and  joints:  enormoiu 
monoiitha  are'iued  for  the  jambs,  linUL  tai 
threshold  of  the  principal  gate,  over  which  ili" 
ciiaU  the  well-known  relief  of  the  pillic  ■>*- 
tween  the  guardian  lloos.  This  i>  shown  in  Iba 
nnneied  cut.  The  slab  itself  fill*  np  the  "«- 
lieving"  opening,  which  wasof  triangular  sh'lJJi 
a*  wM  usual  at  that  dale.    The  misiiai  ^'"* 


JfUBUS,  MOENIA 

t(ibi  hom  appear  to  hare  been  of  bronze :  holes 
fcr  thiir  attachment  itUl  existy  with  blae  stains 
(:f  CDpper  oiide. 


MUBUS,  MOENIA 


185 


•OfiKt 


lion  Gate  Of  Mjonae. 


Tbe  name  (Tj-clopeaa  or  Pelasgic  has  been 
P^viirly  giTcn  to  maaonrj  constracted  of  poly- 
|3ul  blo^  which  in  manj  cases  are  iitted 


Foljrgooal  Manoniy. 

'^tctberwith  g^reat  care  and  skill.  Examples 
^^u  exist  at  Signia  (Segni),  Norba,  and  many 
"tW  ancient  sitea  in  Etruria,  Central  Italy, 
«d  ia  GTC«e«  Itself.  ThU  style  of  building 
■Ppcan  really  to  belong  to  no  special  race  or 
^  (See  Bnnbnnr,  Cydcpean  Remamsy  in 
Vtonoi  of  OasM.  Arch,  iL  p.  147 ;  and  Dodwell, 
Ty  M  OtdeotJ)  The  latest  dated  example  of 
^  polygonal  masonry  ia  the  cella  of  the  small 
Tmple  of  Themia  m  mUU  at  Rhamnus,  not 
earher  than  the  5th  century  B.G. :  in  this  case 
^  blocks  are  saoaller  than  those  used  in  the 
pnoitire  fdrtiScations  of  Central  Italy.  Though 
Kare  ccvQomicnl  of  material,  the  polygoiud 
ptthad  of  construction  would  not  require  less, 
tot  rather  more  skill  on  tho'  part  of  its  masons ; 
•t  being  no  easy  matter  to  fit  together  such 
iTTe^Ur  fonns  with  the  perfect  accuracy  that 
h  uoy  casea  had  been  attained :  and  it  should 
'"^  tboefore  be  taken  as  a  proof  of  very  early 

^riag  the  historic  period  of  Greece,  the  more 
"ii^Tcttaat  buildings,  such  as  the  temples,  were 
'-naUy  built  of  quadrangular  blocks  of  stone, 
^^  eoune  having  a  lerel  bed  running  from 
«t^  to  end  of  the  walL    The  beda  and  jointo 


were  worked  to  a  much  more  accurately  smooth 
surface  than  the  Tisible  faces  of  the  wall,  because 
whenever  stone  was  used  by  the  Greeks  it 
appears  to  hare  been  the  custom  to  cover  it 
with  a  thin  skin  of  very  fine  white  stuccov 
made  of  lime  and  powdered  marble  or  lime- 
stone, mixed  with  some  kind  of  size.  (See 
Vitrur.  vii.  6.)  This  mixture  set  to  the  hard- 
ness and  durability  of  the  best  quality  of  stone ; 
It  received,  by  working  over  while  soft,  a 
pleasant  ivory-like  texture,  and  its  slightly 
absorbent  surface  formed  an  excellent  grouod 
for  the  application  of  the  coloured  ornament 
which  seems  to  have  been  always  used  on 
Greek  buildings.  The  modem  word  *< stucco" 
gives  a  very  erroneous  notion  of  this  beautiful 
material.  The  chief  existing  examples  of  this 
fine  stone  masonry  are  those  at  Selinus  and 
Agrigentum  in  Sicily,  and  Paestum  in  Magna 
Graecia.  (See  Serradifalco,  Antichita  di  Siciiia, 
and  Wilkins,  Magna  Oraeda.) 

After  the  Persian  war,  in  the  first  half  of 
the  5th  century  Bja,  the  Athenians  began 
to  use  marble  for  their  finest  buildings.  The 
walls,  for  example,  of  the  Athenian  Pro- 
pylaea  and  the  Parthenon  are  marvels  of 
perfect  masonry.  The  blocks  of  marble  are  cnl 
in  courses  of  regular  depth;  and,  no  cement 
being  used,  each  block  was  made  to  fit  with 
absolute  precision  to  the  adjacent  blocks  by 

being  moved  back- 
wards and  forwards 
over  its  bed,  till 
its  surfaces  were 
rubbed  perfectly 
smooth.  So  abso- 
lutely air  -  tight 
were  these  surfaces 
that  in  many  cases 
age  and  pressure 
have  made  adjacent 
surfaces  actually, 
as    it  were,  grow 

is 
verv 


this 


together : 
shown  in 
striking  way  by 
the  fact,  that  in  certain  places,  where  the  wall  is 
broken,  the  fracture  has  gone  through  the  solid 
block  rather  than  cause  a  separation  of  two 
blocks  at  the  joint  or  bed.  Great  labour  waa 
also  spent  in  clamping  horizontally  with  iron  or 
bronze  each  block  to  the  next  one  on  the  same 
course ;  and  vertical  dowels  were  used  to  fix  each 
block  to  the  next  courses  above  and  below.  In 
most  cases  the  metal  clamps  were  fixed  by  pour* 
ing  in  fluid  lead,  the  cavity  in  the  marble  being 
cut  a  little  larger  than  the  actual  clamp  required 
at  its  turned  do^vn  ends.  Even  during  the  5th 
century  the  use  of  marble  was  as  a  rule  limited 
to  places  which,  like  Athens,  had  marble  quarriea 
at  hand;  and  such  important  buildings  as  the 
Temple  of  Zeus  at  Olympia,  and  that  of  Apollo 
at  Bassae,  had  their  walls  constructed  of  local 
stone.  It  was  not  till  the  4th  century,  when 
many  of  the  great  temples  of  Westom  Asia 
Minor  were  reconstructed  on  so  magnificent  a 
scale — as  e.g,  those  at  Didyme,  Ephesus,  Teos, 
Magnesia,  and  the  Smintheum  in  the  Troad — 
that  the  use  of  marble  was  considered  necessary 
for  the  construction  of  a  magnificent  building. 
The  fact  is  that,  as  long  as  they  were  not  ruined, 
the  general  effect  of  the  stone  temples  coated 


186 


MUBU8,  MOENIA 


with  thrir  fina  akin  of  marbU  duat  geixt,  en- 
Tichnl  by  brilliuit  colonrvd  decoration,  mait 
hare  bMD  u  brantiful  u  that  of  *  building  of 
ulid  nurblc,  and  cot  diitingniahable  &am  it 
«xce)it  bf  tha  clo«it  eiami  nation. 

Daring  th«  5th  to  the  3rd  centnry  B.C  atone 
maaonrj  of  almoat  aqua]  beant;  to  that  of  the 
tcmplea  wai  often  uaad  for  the  fortification 
walla  of  Oreek  dtiea.  The  ntual  acheme  of 
defaoca  waa  to  have,  on  the  ontside,  a  deep  foM, 
cither  filled  with  waUr  or,  where  that  vaa  not 
pouibia,  merely  an  empty  trench.  The  vail 
WM  from  10  to  15  feet  in  thicknaaa,  irith,  on 
the  top,  >  walk  for  eentioela  and  a  parapet  with 
battlementa  all  along.  At  regular  interralj 
were  towera,  nioally  aquare,  bat  lometimei 
roonded  In  plan,  projecting  on  the  ontaide  like 
thoea  of  tbe  Phoeniaana,  tvo  being  placed  to 
dank  each  gateway     Tbia  general  acheme  waa 


_1U»  - 


adopted  in  the  walla  of  the  Greek  city  of  Poii- 
donia  (Paeatom)  in  Magna  Graecia,  which,  like 
Tlryni,  had  chambera  for  the  garriaonj  they  are 
well  illoatrated  in  tha  Miaeam  of  Cbiakal 
Antiqaitkt,  ia\.  i.  p,  35.  The  walla  efMeaeene, 
on  the  alopea  of  Ut.  Ithoine,  are  among  the 
moat  perfect  remaini  of  Greek  building  inHhe 
Peloponneae,  and  are  a  beaatifal  example  of 
Hellenic  masonry  during  the  beat  period.    Tliey 


couraea.  Along  the  top  ofthe  val!  ii  a  lerelled 
walk  defended  by  a  battlemanted  parapet:  in 
each  of  the  many  projecting  square  towen  la 
n  chamber  with  its  floor  at  the  lerel  of  the 
top  of  tha  cnrtain  wall,  on  to  which  access 
ia  given  from  the  towen  by  doorways  with 
flat  linteli,  io  that  the  towen  do  not  interrupt 
the  passage  round  tha  wall.  Square  battle- 
ments crowned  the  summit  of  each  tower,  aa  a 
defence  ta  the  loldien  p«l«d  on  the  roof  of  the 

In  tha  tineet  aorta  of  maaonry,  both  among 
the  Greeks  and  Romans,  metal  clamps  instead  of 
cement  were  used,  each  block  fitting  with  abso- 
lata  closeness  to  tbe  next ;  but  in  the  rougher 
sort  of  walling  the  blocks  were  less  carefully 
dressed,  and  a  fine  lime  mortar  was  used  to  bed 
each  course.  The  famous  "  Long  Walls  "  from 
Athens  to  Peiraeui  were  of  this  Utter  sort,  as 
PlnUich  deachbea   (Cun.  13),  xA>uju  woXA^  nol 


HUBU8,  MOBNIA 

XiSmi   Pafitai     tir   JxAr   Tuvtimr.      (Mu 

Krts,  |>erhaps  the  facing,  of  this  wall  deicnbc 
Thucydidea  (i.  93)  appear  to  hare  beea  • 
tte  finer  kind  of  masonry,  with  blocks  »  lirf 
that  each  was  a  cart-load  (i^iofuubi),  closd 
fitted  {ir  Ti>i^  iyy^iniii)  and  aecnred  by  meti 
clamps  run  with  lead,  like  thoie  uied  in  tl 
Parthenon. 

Though  aa  a  rule  the  joints  in  fine  nuaou 
must  have  been  practically  InTiiible,  ewin 
either  to  the  coating  of  stucco  or  to  tbe  ptrftt 
grinding  together  of  the  snrTacea,  yet  we  rta 
of  one  ease  <Plin.  ff.  N.  iiiri.  {  98)  in  whie 
the  joints  were  treated  in  a  conapicuonsly  dea 
ratire  way.  This  was  a  temple  at  Cyiicos,  i 
which  the  interior  walls  of  the  cells  had  a  Ga 
thread  of  gold  inserted  in  the  joints  of  enr 
conrte  That  this  statement  ii  probably  tnu  i 
borne  witness  to  by  the  discovery,  among  th 
ra  ns  of  the  Artemiaion  at  Ephasus,  of  eertsi 
bases  of  the  great  Ionic  columna,  in  which  xi 
quirks  between  the  astragals  atill  eontaiDid  bit 
of  a  atrip  of  pure  gold  fixed  with  lead  inU  il 
place  thus  forming  two  or  more  rings  of  gel 
ornament  alt  roond  each  of  the  main  hasei  a 
the  Older. 

Prs-£oinan  Methadt  of  livral  DecoraiitM. 

The  eailiMt  eiampla  of  a  decorated  wait 
surfiue  is  the  Temple  of  the  Sphinx,  c  4000  BA 
ment  oned  above  aa  being  lined  with  alshs  el 
alabaiter.  Sculpture,  in  low  nlief,  was  aaeil 
n  the  most  lavish  way,  during  a  apace  el 
between  three  and  four  thouauid  yean.  M 
decorate  the  tombs  and  temples  of  Egypt.  Thil 
sculpture  ii,  aa  a  rule,  not  cnt  on  slabs  alSied 
to  the  wall,  but  on  the  coursed  blocka  of  wbict 
the  wall  consists:  the  joints,  which,  is  the 
present  ruined  state  of  the  building,  cut  thnm^ 
and  disfigure  tha  reliefs,  were  originally  ten' 
cealed  by  a  thin  skin  of  fine  atucco,  Uke  Ikst 
used  by  tha  Greeks,  on  which  the  colonring  wu 
applied.  In  ancient  Assyria  and  Chalilses  nil 
reUeft  were  used  in  no  less  larish  a  *>.'• 
but,  aa  a  rule,  with  this  diOerence,  that  tbi 
sculpture  was  carved  on  thin  slabs,  whicli  wars 
fixed  to  the  surface  of  the  wall,  Ila^  at  in  Egrpl, 
cut  on  the  solid  wall  itself. 

Painting  on  stucco  i>  perhapa  the  moat  *'^'j' 
used  method  of  wall  decoration  amimf  all 
classical  races  and  at  all  periods  [see  PlctDKA>_ 
Another  very  costly  and  magnificent  mrthodui 
null  decoration,  largelv  need  in  ewly  tinm,"« 
to  cover  the  snrfaca  with  plates  of  bionifc 
beaten  into  relief,  and  nsnally  gilt.  Trscx  of 
thil  method  of  enriching  wall-anriiMXs  huTt 
been  found  in  the  palaces  of  Pempolis,  f"  •"■ 
called  treasuries  of  Mycenae  and  Orchoin«** 
and  in  tbe  palace  of  the  Tirynthian  Acropol'^ 
The  spleudoDi  oftheie  delicately  enriched  citls< 
aurfacea,  gleaming  with  gold  and  brotea  "<K 
poinu  of  light,  varied  with  the  half-shsdo"  °< 
the  reliefa,  must  have  been  of  the  tnott  dsiih°S 
kind.  We  know  now  that  auch  descriptiou  ■• 
Homer's  golden  house  of  Aldnous  new""'" 
conwdered  wholly  tha  oflapring  of  apoe*'*'"^' 
The  Treasury  of  Myrou  and  the  Shrint  of  Aia^ 
Cfaalcioecua,  mentioned  by  Pauaaniat  (vi.  1^  *^ 
iii.  17),  were  probably  example!  of  tbe  '»'°* 
method  of  decoration  by  bronie  rtfmaa^V"^ 

Reliefs  moulded  ia  day.  and  then  col""^ 
with  brilliant    enamel    pigment^  ^*'* 


KDSUS,  MOENIA 

nr  nl]-d«ecnUioo  in  Eejpt,  Anjria,  and 
Pen.  FiMus,  with  lints  of  kin^  •oldicrs, 
of  captiTu,  in  «iuuneU«d 
n  tils  or  plaqnei,  wen 
fiuj  in  BinwM*  the  Gtut'i  p^aea  at  Tel- 
d-rilundth.  Titii  (uentioD  ii  a  miirTd  of 
iKUial  ikill,  m  tht  miant*  nu  of  th«  moat 
iiijolt  nlief,  and  tht  moat  varied  anamela  of 
/Ttl-liki  br^liancf.  Recent  eicaTationi  at 
Mb  luT*  bronght  to  light  (lamplea  of  thii 
in^  d  ikeontjon  on  Iha  n  ' 
icili.  n*  Willi  of  one  room 
lifeiinil  Ggont,  monldcd,  not  on  alaba  but  on 
U»  Dtdiiiary  conned  brickwork,  lo  that  each 
ipat  it  bnilt  np  of  abont  20  counea  of  bricka, 
il  5uiw  tofethcr  with  great  accnracy .  The 
(Mi  dT  thii  magnificent  proceaiion  ia  coTCred 
•iili  (DUDtla  of  Tarioiu  colonri — a  combination 
a'  tht  pUitk  and  pictorial  arte  which  giru 
u  tftct  of  nnriralled  iplendonr,  and  from  ita 
nlnoa  aoilace  hai  the  adviiDtage  of  being 
ilniat  impcriahable.  Some  of  theae  wonderful 
n'jili  me  bnmght  in  1S87  to  the  Hoieom  of 
ife  Lesnt,  and  gira  one  a  moit  TJvjd  notion  of 
iW  ibU  and  daeoratiTC  taita  of  tli*  FeraiaD 
cnftnocL 

Tht  dKOfation  of  waU-tni&oea  ij  tUn  marble 
lump  doc)  Dot  ap]>ear  to  hare  been  much  need 
tr  ibe  Oiccka.  Accoiding  to  Plinj'  (H.  If. 
mn  i  iT),  thin  alafaa  (cnatae)  of  Proconneaian 
■uftlt  «en  naed  to  decorate  the  Palace  of 
]UiaulBi  at  Halicamauu,  c  360  B.a;  and 
alia  Uh  nmaina  of  Queen  Artemiaia'i  maaio- 
liiiiii  irere  oagd  bj  the  Knlgbta  of 
Sl.Joha,in  ihe  15th  and  l"-"  " 
tirio,  to  Inild  the  caatle  of 
a  HdicanuuRia  {Bndmm), 
>■]  to  bare  (onnd  the  lute 
Hows  lined  with  alabe  > 
coloutd  luibleB.  (See 
qMng  OoiEhard,  TVnwIa 
l^mt,  ToL  it.  p.  126.)  Ai  a  rale, 
^■ener,  the  oae  of  coloured  marblea 
It  nll-liningi  waa  not  iatroduced 
^  later  timx,  aod  would  hare  been 
ntW  diiplaaaiiig  to  the  HTera  taite 
•f  Uh  Int  peiwd  of  Hellenic  art. 
li°ii(ii  it  waa  the  faTourite  matbod 
nf  Bual  deeoration  in  ' 
»lljin£uior  period  of 
ajin.    [SeeboifDS.] 

n«  Samm  Firipd. 
'  peat  deal  that  ii  wholly  mii- 
«%  baa  been  writUo  about  the 
mlbodiaf  building  naed  in  the  wall* 
of  udcM  Room,  partlj  becanae  tbs 
n«l  BKthod*  of  conatructioQ  are  fraqnentlj 
«iW«a  behind  tcij  dtceptiye  modea  of  lorfnce 
*"w"iett.  The  iratema  of  wall-Unilding  in 
™<  maj  be  clauiSed  thai  :^  I.  Sun-dried 
zample 


HUBUS,  MOBNIA. 


187 


L  Sm-dritd  hrklu  in  Rome,  a>  ii 
appear  to  bare  been  largelj  ni«d  for  all  eicept 
the  more  important  public  hoildinga,  till  aboat 
the  lit  ceaturr  B.C.  The  remarks  of  VitruTina 
(ii.  3)  abaat  tba  namea  and  the  liiea  of  bricka 
appear  to  refer  wholly  to  crude  bricka;  the 
kiln-baked  bricka  uaed  far  wall-facing  in  Roma 
being  alwajs  triangular  in  ahape,  not  rect- 
angular, like  thoae  deacribed  by  Vitruviua. 
Care  waa  taken  to  dig  out  the  clar  at  the  right 
■easou,  and  alio  to  keep  the  bricki  for  a  long 
time  before  being  uied— a  precaution  that  would 
hare  been  uaelew  in  the  case  of  kiln-fired  bricka. 
Careful  direction!  are  giren  in  the  aame  chapter 
(Vitmr.  ii.  3)  as  to  the  fonnation  of  good 
"  bond,"  b;  alternate  couraei  of  "  headers  "  and 
"itretchera."  This,  again,  doea  not  apply  to 
the  bnnit  bricks  of  Home,  which  are  never  used 
to  build  a  wall,  but  merely  as  facing. 

II.  Opui  quadratwn,  masonry  of  solid  ashlar. 
The  earliest  eiiiting  example  of  this  in  Roma  ii 
the  pre-bistoric  fortilicatian  wall  of  £oinii 
Quadrata  on  the  Palatine,  popularly  called  the 
"  wall  of  Bomnlua."  This  oonaisU  of  blocks  of 
the  local  tnfa,  with  Ten  even  beds,  but  ieu 
careful  vertical  joiuta.  The  blocks  run  in  fairly 
•Ten  conraes  of  nearly  3  Roman  feet  in  depth, 
but  vary  in  length.  The  bond  ia  imperfect: 
joints  are  often  allowed  to  come  one  over  an- 
other j  and  no  mortar  ia  used.  The  cat  shows 
a  piece  of  the  best  pnaerred  part  at  the  weat 
angle  of  the  Palatine.  The  Servian  wall  ahowa 
the  neat  itage  ;  harder  atone  is  oaed,  the  courses 


"Kb  (faferei    cndi),    e 

•"•■■tS,      IL    OpUt  flH 


i.  Oput  ^uadrtOum,  solid  wall*  of 
■^undstant.  111.  Coacitit.opu cocmtatitima. 
W  Qaitad  concrete  ;  (6)  faced  with  opua  iBcer- 
^i  (O^Kcd  with  apvi  ntiaUatmn ;  (d)  faced 
Wk  baral  brick  (latem  oocti) ;  («>  faced  with 
'■"■oJled  opai  murtwn.  The  usual  error  has 
H«  te  f\gff  gpm  iticertum,  opus  rttiadabait, 
^  >•  wfatate  oonstrnctional  categories  ; 
••nos,  IB  reality,  they  ale  merely  different 
BRbdi  of  &ciDc  coBcnle  walla. 


lore  truly  dreaaed, 
and  the  bond  more  workmanlike.  Under  the 
later  republic  the  harder  ptptrma  waa  uauallj 
employed  for  eilemal  work,  the  soft  tufa  being 
reserved  in  many  case*  for  internal  walla.  The 
most  perfectly  developed  opua  qaadTOtum  ia  to 
be  seen  in  the  walls  of  the  Capitoline  Thbularivm, 
which,  on  the  exterior,  are  ballt  of  perfeetlv 
regular  blocks  of  lapis  Atbmnu  (peparino),  each 
eiaetly  3  Roman  feet  x  2  fl-  X  4  11.  lon^ 
arranged  in  alternating  courses  of  "  headers 
and  "stretchers,"  *uch  at  in  modem  language 
ia  called  technically  "English  bond."  So  ac- 
curately are  the  blocks  worked  and  set,  that 
each  aeries  of  Joints  comes  exactly  over  those 


18S  HUBUS,  MOSNIA. 

bcldiv,  Dp  the  whole  height  of  the  vilt.  These 
hlocki  are  bedded  in  a.  Ttrj  thin  lajer  of  pun 
lime,  lued,  not  u  ■  binding  cement^  hnt  »  1 
method  of  obtnining  abulntely  perfect  con- 
tact in  ■!]  the  *djneent  •urbcea — k  Ter;  tarly 
practice  in  Rome,  which  it  to  he  leen  (Ten  in 
the  primitire  Tulliamim  or  lower  chamber  of 
the  "  Mamertise  pri»Ei." 

In  the  1st  centnrj-  B.C.  the  hard,  cream- 
colonrrd  limertone,  lapia  TUmrtinui  (TnTertino), 
came  into  nie  for  the  more  coetly  building*,  hot 
the  principttl  enmplta  of  iti  uae  dat<  from  the 
lit  aniJ  Snd  cenlnriu  k.D.,  m  in  the  loner  part 
of  the  cella  walli  of  the  templei  of  Concord, 
Vetpailan,  and  Faoitina.  la  theia  the  blocki 
nre  worked  with  conraca  of  Tuying  thickneu, 
and  the  beds  and  joint*  are  rnbbed  to  inch  s 
perfect  aurface  that  ahaolntelj'  cloae  contact  ii 
oblained  without  the  n*e  of  the  thin  skin  of 
lime  mortar.  A>  among  th«  Qreeki,  the  block* 
of  the  lineit  maaonr;  are  filed  tif  iron  clampa 
ran  with  lead  ("anaii  ferreia  et  plumbo," 
Vitror.  iL  7),  or,  in  aoma  cue*,  bj-  woodeo 
"doTetail  dowela."  In  the  aame  chapter  Vitm- 
Tin*  dacribei  the  methods  of  bondiag  derived, 
a*  he  sajs,  from  the  Greeks.  The  best  clasi  of 
muonrf  (IfirAwrTDr)  was  formed  hj  alternating 
"headers"  and  " atretchera,"  i.e.  block*  laid 
croai-wlae  or  lengthway a ;  and,  in  aome  caies, 
"throDgb  atonaa  "  (fiurriroi)  were  iatroduced, 
>.«.  block*  *et  aa  "  hcadrra,"  of  *nfficient  length 
to  reach  through  the  whole  thickness  of  a  wall 
— a  needless  prscantion,  unless  the  wall  were 
rather  thin. 

Existing  specimena  of  domeatic  architecture 
in  Rome,  biult  with  opus  quadratutn,  are  rerjr 
rare.    One  of  the  chief  eiamples  l>  ths  older 

Srt  of  the  Regia,  or  official  house  of  the  Pouti- 
I  Uaiimns,  Id  which  remains  still  eiiat  of 
earlf  tufa  ma*onr]r,  with  accantel^  aquared 
blocka.  Similar  tufa  block*  art  alao  used  for 
the  walla  of  the  oidut  honae*  In  Pompeii,— 
those,  that  is,  which  sarriTed  the  earthquake 
by  which  the  town  wa*  moatly  destroyed,  a  few 
years  before  its  linal  destruction  ia  79  a.D. 
Some  of  these  probably  date  from  the  lat  century 
B.C.,  or  eten  earlier. 

I  a  all  casea  In  aDcient  Roman  boildings, 
whether  tufa  or  peperino  were  used,  it  appears 
to  haTe  been  the  custom  to  coat  the  stone  with 
tho  fine  marble  or  limeatoDe  atucco  (opiu  mar- 
mcmini),  aucb  aa  was  used  ia  Greece,  and  i* 
described  in  great  deUil  by  Vitruiina  (vii.  Z, 
3  and  6).  Thin  coatiogi  of  thia  benntiftil  hard 
aubitance  were  used  In  some  case*  to  carer 
and  CTen  marble  walls.  With  tnfs, 
ibumt  brick,  it  wa*  a  constructional 

appear* 
to  hare  been  applied  for  drcoratire  parpoaca. 

III.  Cimerrte,— The  use  of  concrete,  both 
among  the  Greeki  and  Romaaa,  1*  really  much 
older  than  has  usual ly  been  soppoied.  It 
was  largely  used  in  the  palace  of  Tirj'u, 
eapcciaily  for  floor*)  and  in  liome  still  eiist* 
as  backing  to  part  of  the  Serriaa  wall  on 
the  Aveatioe.  Concrete  in  Rome  was  made 
of  broken  itonea,  together  with  ilme  and  p]iiviM 
Pvtnjlamit  (poiiolana) ;  or  elte,  during  the 
Imperial  period,  broken  piSce*  of  burnt  brick 
frequently  replaced  the  atone.  The  poiioAmo, 
great  bed*  of  which,  ihowered  down  l^m  long 


HUBUS,  HOENIA 

extinct  Tolcanocs,  eiisC  over  moat  of  the  Roniai 
Campagna,  forms,  when  miied  with  limt,  i 
very  itrong  hydraulic  cement,  sppticablF  ti 
a  great  Tsriety  of  purpose*,  inch  at  concriU 
walls,  mortar,  and  itncco.  In  the  older  concRb 
tufa  it  ths  atone  uauatly  employed,  bnt  ua'lsi 
the  Empire  other  harder  itones  were  nwd 
especially  for  fonndationi  of  walls  which  bid  ti 
carry  a  heary  weight.  The  beat  and  m«t  dur 
able  kind  of  concrete  wa*  made  with  pieces  » 
laea,  the  tOet  of  Pliny  and  Vitmriu*.  will 
which  the  Roman  roada  were  generally  paTed. 

The   method   of    forming    coacnle    will*  ii 
ahowa  in  the   annexed  cat.      Upright  pasti 


about  6  X  S  inche*  thick  and  10  to  IS  feet  kiib, 
were  stuck  at  interrala  of  about  3  teet  intl>* 
groand  along  the  line  of  both  facea  of  the  fnlon 
wall ;  and  againit  tbeae  pasta  wooden  plsab, 
10  to  12  inches  wide,  were  nailed  horiunlally, 
OTerlapping  one  another.  Into  the  inlermedialt 
space  the  semi-fluid  soncrete  was  ponnd,  n- 
ceiving  on  ita  aurface  the  imprint  of  the  [•»" 
and  boarda.  When 
had  act  hard,  the  w 
and  refined  on  the  top  of  the  "concreU  wall 
The  procuB  was  then  repeated  till  Ihe  Kill  >•> 
raiaed  to  the  required  height.  Willt  tbu 
formed,  eapcdally  if  the  bnrd  lava  or  trsrtrtme 
were  used,  were  atrouger  and  more  durable  ths* 
even  ths  most  solid  masonry.  Blocks  of  'f* 
could  bo  remored,  one  by  one,  by  the  aaii«  for<* 
that  set  them  in  place ;  but  a  concrete  wall  wu 
one  perfectly  solid  and  cobereat  nsis,  vb'" 
could  only  be  destroyed  by  a  laborioni  pr«*W 
like  that  of  quarrying  hard  stooe  from  it*  u<"'' 
bwl. 

As  a  rule,  except  when  osed  for  fonndsln"* 
the  Romaa  concrete  nas  not  left  without  »"• 
facing.  During  the  Republican  period,  the  mrtboi 
of  facmg  was  opiu  uircrtwn,  bat  it  wu  W'l 
obtolate  in  tho  reign  of  Augnatn*,  *>  V'ilni""' 
(ii.  8)  writes:  v„tkvialmn,  quo  nunc  niiu*^ 
atuntar,  et  antiquum  quod  vtotrtim  dirilnr. 
Ia  this  method  irregularly  shaped  bits  of  •°''' 
3  to  6  inches  serosa,  were  cot  smooth  on  wi( 
fsce,  and  roughly  pointed  behind.    The  ■DoM 


HUBUS,  HOENIA 

&a  tf  tht  concrete  wil  wu  ddcdwCh  h«u 
-!xei,  tit*  •  ■D^DJGcd  moMi      b   po   ts       k 

ii;  mU  the  will,  and    h      moo       nds   ppeu- 

Ofti  rtticalattun,  ni  ml  t  nwd  uY  ro 
Tt:i  B71)  ia  bii  tim  11  tt  k  optu  uuxrtum, 
aeijt  thxt  each  litt     b  ock  u        to 

Utt  iftun  at  oat  d,tatl  n  am  ged  to 
ru  la  Rgulai  diagoua        es,  Ilk  «e        <t- 


MDBUS  MOENIA 


0  ha™ 

SU  ut  about  tbe  beginning  of  the  lit  ctntnij 
Ui.  ukl  cobtiniMd  in  nie,  thongb  becoDiing  I«u 
t-mam,  till  thi  reign  of  Hidriao.  Facing  ititb 
■'io-Snd  brick  appcui  not  to  hare  bc«n  nied 
a  Boot  before  tbe  lit  ecaturj  S^  Is  fact,  no 
■UBp)H  are  known  to  eiiit  earlier  than  tbe 
*ill  rf  J.  Ca^u**  Sotra,  rebuilt  an  a  new  aite 


t  tbing  to  obaerrs  that  in 
•■titat  Rome  burnt  brick  waa  nerer  aied  to 
""iU  walli,  bnt  nierelj  ai  a  thin  facing.  In 
ikr  tne  loue  of  tbe  word,  tbere  la  no  inch 
Itini  u  a  brick  wall  among  all  tbe  roini  of 


*^>ra>  Inb :  biU  tIUi  ItB  tr 


<W*d  wHb  brtck. 
hare  an  Inner  core  ef  concrete  faced  with  email 
brick  triangle*.  Tbue,  for  tiample,  each  a 
building  u  the  Pantheon  of  Anippa,  wbich 
appeaia  to  be  built  of  brick,  ia  found  on  eia* 
mination  to  couiiat  of  valla  with  about  18  feet 
in  tbicknna  of  concrete,  and  a  facing  of  brick 
averagini  onljr  3  or  4  inchea  in  depth. 

llie  adrantage*  of  thit  concrete  conatmction, 
both  for  walla  and  raulta,  were  reirj  great: 
each  wall  wai  like  one  (olid  slab  of  atone,  aujr 
part  of  which  might  be  cot  awaj  without  de- 
atrofing  the  reat.  A  itriking  eiample  of  thli 
is  to  be  Ken  in  the  Thermae  of  Caracalla:  in 
one  place  the  concrete  wall  originallj  roted  on 
two  marble  colnmni.  The  columna  were  stolen 
■ome  cenluriea  ago,  and  the  wall  aboTe  itill  re- 
maina  hanging  like  a  curtain  from  the  concrete 
Tsnlt. 

It  is  not  eaaj  to  aiplaiD  wh;  the  Roman* 
were  ao  fond  of  using  thia  brick  facing  over 
their  concrete.  It  was  not  a  conatroctioaal 
necaiitj,  aa  the  man;  walla  of  unfsced  concrete 
which  itili  exist  clearly  show.  It  wu  not  for 
the  aake  of  ila  appearance,  as,  eicept  in  a  verr 
few  caiea,  such  as  the  great  aqoeducti,  tbe  brick 
facing  wai  concealed  by  stucco  or  bt  marble 
linings.  The  rerj  smoothness  of  the  brick  was 
practically  a  diudvantage,  being  nnsaitcd  to 
the  reception  of  stucco;  and  great  coat  and 
labour  were  expended  in  etndding  the  brick 
being  with  metal  nails  or  plugs  of  marble  in 


190 


SnmTTB,  HOENU. 


eider  to  fonn  ■  "key  "  for  titt  coating  ofitncco, 
which  BiUiered  Gnnly,  sithout  mj  inch  halp, 
to  the  bare  coocieti  of  anraccd  viUli. 

The  cba»cter  of  brick  facing,  the  thickneu 
of  the  bricfci  and  the  mortar  jointi,  i«  ofton  a 
verj  Tilunble  iDdicitios  of  the  date  of  a  bu  Id 
ing ;  the  general  tendency  being  for  the  brtcki 
to  get  thinner  and  the  mortar  jointi  th  ker 
Thui  the  Pnotheon,  dated  27  B.C.,  has  bncki 
1)  inchoi  thick,  with  joint*  averaging  }  nch 
In  the  palace  of  Sept.  Severiu,  200  A  D  the 
bricks  are  1  inch  and  the  Jointi  j  inch  n  tb  ck 
neu.  In  the  AnreliaD  walli  of  Bonie,  c.  2lO  A.D 
bricka  and  Jointi  arerage  the  ume  th  cknesa, 
both  meunring  about  1}  iochei. 

The  t«rni  D/nu  mixtam,  though  not  a  class  cal 
one,  is  now  used  to  denote  wall-facingi  of  n  late 
period,  with  alternating  conraes  of  bri  k  and 
■mall  rectangular  hlocka  of  tufa.  The  ea  eat 
dated  eiample  U  the  Circna  of  Maientina,  3  0 
4.D. ;  it  continued  iu  me  till  the  time  of  Th  o- 
doric,  c.  500  A.D. ;  after  which  deitruct  on  no 
canitmction,  went  an  in  the  unhappy  city  of 

The  above  method!  of  Roman  conatmct  on 
are  thoae  which  were  employed  in  the  greate 
part  of  Italy;  bnt  in  their  diatant  proTin  ea, 
■uch  aa  Britain  or  Gaul,  the  syitems  of  ba  Id  ng 
were  often  modified  tK  luil  the  nature  of  the 
material!  which  the  country  supplied  Thus, 
outside  of  Italy,  owing  to  the  lack  of  poiiolana 
to  make  a  strong  hydraulic  cement,  concrete 
was  lesi  eiteniirely  used  for  walla.  In  Britain 
one  of  the  favoarite  Roman  nethoda  was  to 
bnild  the  wall  with  more  or  leia  carefully 
dressed  stone  for  the  facing,  and  an  internal 
filling  In  of  rubble.  At  regular  intemli 
"  lacing  connea  "  of  brick  were  built,  extending 
through  the  whole  thickneia  of  the  wall ;  luge 
rectangular  bricka  (fegutae)  being  need  inatead 
of  the  triangles  of  Rome  itself.  The  Roman 
fortificatiou  walls  of  London,  Richborongh,  and 
many  other  placet  are  eiamples  of  thu  mixed 
coostrDctioD. 

In  all  casai  the  mortar  Died  in  Raman  walli 
is  of  a  very  hard  and  darabla  character,  owing 
to  the  great  care  taken  in  preparing  and  mixing 
the  material!.  Much  of  the  Rotoan  mortar 
owes  Its  strength  to  the  lime  being  miied  with 
finely-ponnded  brick  or  pottery,  the  opus  i  tatu 
tunaii  of  Vitmviua;  a  much  better  aulMtancs 
for  the  purpose  than  auch  aand  aa  is  DOW  com< 
monly  used.  Vitmviua'  chapters  on  tend  (arena, 
it  1),  on  lime  (calx,  ii.  5),  and  the  prepantion 
of  concrete,  mortar,  cements,  and  stucco  of  all 
kinds,  are  of  the  highest  practical  value ;  and 
modem  builders  would  produce  much  better 
work  if  they  would  fallow  Vitrmioe'  injunc- 
tion*. It  ii,  however,  uieleaa  to  hope  for  that: 
the  chief  secret  of  the  immense  aoperiority  of 
the  Roman  work  to  that  of  the  19th  centnry  is 
due  to  the  &ct  that  in  [he  old  days  the  builder's 
first  object  waa  to  produce  a  strong  uid  lasting 

B'ece  of  work,  not  to  erect  his  building  at  the 
west  posuble  cost,  a*  is  the  case  now. 

Fortificatim  WaB*  of  the  Bomani. 
Many  different  systems  of  fortification  were 
adopted,  according  to  the  varying  natures  of 
th*  sites.  The  pra-hiatorie  defence  of  Soma 
QuaJmla,  on  the  summit  of  the  Palatine  hill, 
m*  ana^ed  thus.   The  base  of  the  circnit  wai 


HUBUS,  MOEiaA. 

set  neither  at  the  foot  of  the  cliff  nor  at  in 
aummit,  but  on  an  artiScially  cut  shetf;  at  a«  | 
average  dittanet  (along  the  Velabnm  lids)  ot  I 


A.  Odgimlbe 

B.  Upper  part  ot  cIllT.  now  snmbled  amy. 

C.  CMcm  col  In  LaFi  tocIe. 
I.  LFveUed  plstfon 


EE.CI 


abont  40  feet  from  the  top.  The  face  of  th* 
cliff  above  thii  shelf  was  cat  back  into  aa 
almost  peipendicnlaT  p^ipice,  sUghtly  slopi>| 
back  or  "battering"  inwards,  aa  is  ibown  in 
the  cut.  Against  this  the  wall  waa  built,  ritiiie 
to.  the  top  of  the  hill,  and  probably  a  lillle 
above  it,  to  shelter  the  garrison,  llie  nitiTt 
tufa  at  this  point  ia  very  aoll,  and  so  it  «•■ 
thonght  mdviaable  to  line  the  cliff  with  a  nil 
of  harder  tufa,  which  would  not  give  foolhuld 
to  an  enemy.  In  other  places,  as  on  the  Capilo- 
line  hill,  the  native  rock  ia  harder;  and  so  Ibe 
place  waa  made  aecare  simply  by  scarpinf  Ibe 
rock  to  a  perpendicnlar  surface,  and  then  only 
a  low  wall  of  defence  was  requirod  at  its  tarn- 
mit.  The  above  cat  sbowi  aleo  one  of  the 
cistemi  for  storing  rain-water,  which  were  cot 
In  the  nek  for  use  in  time  of  siege. 

Along  one  apace  of  about  1400  yards,  in  the 
circnit  of  the  early  or  "  Servian  city,"  the  "" 
had  to  croBi  a  level  piece  of  ground,  and  »  tt» 
defence  got  no  help  from  the  natural  coutooi' 
of  the  rook,  u  it  did  in  moat  other  parts  of  lb" 
circuit  (see  Dionjs.  ii.  6S}.  For  this  n>»>>  > 
more  elaborate  system  of  fortification  "Si 
adopted :  a  great  fotu,  30  feet  deep  and  100 
wide,  was  dug,  and  its  earth  heaped  np  »  lb* 
inside  to  form  an  agger,  which  was  kept  up  l>T 
a  massive  stone  retaining  wall,  9  feet  thick  sad 
abont  30  feet  or  more  in  height.  This  nil,  Is 
acme  places,  is  strengthened  by  great  sqoirs 
buttresses.  A  tava-paved  road  ran  along  tb 
onUr  edge  of  the /ossa.  (Sea  Middloton,i«<W 
Borne,  pp.  89-74.) 

The  later  fortification  wall  of  Rome,  «hiclL 
encloaei  ■  very  much  larger  area  than  "" 
Segiona  of  Servino,  waa  planned  and  b  gW 


mmuSiHOENu. 

pet  itdh  bj  AnnliuDs,  id  270^  A.D.     It  ia 

t)iil  gf  aoDcnU  ficcd  with  brick,  uid  extends 
(Itsf  ■  dicnit  «f  aboDt    12   milei.    Like  the  ] 


UnSCULDS 


191 


B.  EKib  noiTital  turn  tarn 


Tbe  mlli'of  Pompeii,  which  are  in  part*  rer; 
perfect,  ore  an  interatiQg  eiunpU  o(  the  de- 
fence af  a  nnaller  city.    'I'tiej,  too,  havs  tonsra, 

. .  Bqmra  inplan,  eel  atcloee 

iatervale,  and  near  the 
top  a  hrnad  platform  for 
tlie  defeoderiortlietown. 
Id  otber  caK* — a*,  for 
example,  in  th«  Roman 
fort  at  Old  Cairo  (the 
mediseral  Babjlon)  — 
toirera  of  drcnUr  plan 
Bie  used.  (See  A.  J.  Bat- 
ler,  Coptia  Chwvhn,  i.  p. 
155.)  This  lyrtem  is 
recommesdad  bj  TitTU- 
Tiiu,  OB  the  Tory  leaion- 
able  groand  that  th« 
aDgles  of  equaTA  towers 
form  neak  poiDts  when 
attacked  by  the  battenDg- 
ram.  (See  the  whole  of 
Vitrov.  i.  5.) 
Eeapecting    the   gates, 

iifcrahm).  — Perrot 
works  on  Egypt,  Assyria, 
worka  od  Tfoy,  Mycenae, 


Ji  Ibe  tUH  wu  ai 


arif  Gnek  walla,  its  lower   part  ia  solid,  to  I  and  Chipiei'_  . 

nan  talterinj-raioa,aDd  the  opper  p»rt  con-  rWoenino/SGhli _.   _  ..  „.    „. 

Uiis  IB  ita  tUckness  a  pssuge  for  the  garrison,    and  Hryns ;  Bliimnir,  Ttchnoiogie  t«i  QriefAen 

■itaiiig  all  along  iU  (dreoit.    This  pasa^e  j  und  Simtra;  Winckler,  Bit   WohtAUuaer  der 

'Ntllenen;  Helbig,  Daa 
HonuriaJie  Epoa ;  Adaniy, 
ArchiiecimHi  der  Hit- 
lenea  ;  Mtddleton,  Aneitia 
Rome  in   1885,  a   ~ 


'Fa  n  the  interior  witk  a  strias  of  tall  arcbea, 
■'^Ktliing  tike  thosa  of  sd  aqnedoct,  and  ia 
'•■had  anrhead,  forming  a  wide  platform  at 
'^  t(^  [Barded  b  j  battlementa,  for  the  soldiers. 
^>  <lw  interrals,  only  45  feet  apart,  tall  and 
3a°n  iqure  towers  were  get,  383  in  all,  with 
I  Furd-roem  below,  and  a  sleeping-room  for  the 
iUiiieii  ibore.  The  plan  of  one  of  these  towera 
uj  ■  bit  of  the  lentiDelB'  passage  is  shown  in 
tit  viwdciit.  The  passage,  which  continned 
itraii^  the  towen,  formed  a  corered  walk 
>^  tbi  whole  IS  miles  of  the  ciceoit.  The 
-fljot  of  the  wall  raried  according 
saloD  of  the  groond:   it  probahlj 

"ulj  50  IM  ;  the  towera  riling  aboi .„- 

■t^  tite  top  of  the  intermediate  wall.  Excqrt 
'Wt  the  wall  ikirtad  the  rirer  along  the 
''ttpH  Hartiiia,  its  drcnit  atill  eiiats,  more 
"■'  «•  terfectlj  preserrod.  In  acme  places,  ai 
t^  o  taa  now  dntrojed  Lndoriai  gardens,  it  ia 
■Wl  t»  a  ntj  perfect  sUte,  with  the  eiception 
*  ill  battbwBla,  almot  all  of  wMch  lur* 


f  aTenuei 

ont  30  fee' 


irticle  0. 


gia,  Tol.  51,  for  1S8S; 
Nisaen,  PompnonwcAa 
SKidim  ;  Orerbtck,  Pom- 
pej,  re-edil«d  bj  Han.  Sea 
alaoDoucm.   [J.  H.  U.1 

BIU'8CUL1[J8  was  a 
ahelter  for  aoldiera  en- 
gaged Id  andermining 
the  enemy'i  walla  or 
towen  (CaeL  B.  C.  iu 
10 ;  laid.  Orig.  iriii.  11, 
4),  or  in  filling  np  the 
ditch  ao  aa  to  bring  the  battaring-rami,  &c.  ap 
to  the  wall  (Veget.  iv.  16).  Aa  deacribed  b7 
Caeiar  ({.  c),  in  the  liege  of  Uarseilles  it 
wai  itrongly  made  of  wood,  80  feet  long,  4  feet 
wide,  and  5  feet  high,  with  a  sloping  roof.  The 
conatmction  ia  as  follow] : — Two  beams,  60  feet 
placed  at  the  base,  4  feet  apart:  in 
filed  upright  posts  (aotmieUat\  5  feet 


long,  w 

theie  w  .    =     .        , 

high  and  joined  b;  gable  beams  {capnott)  meeting 
in  an  angle,  acrcss  which  thick  planka  or  beams 
ore  laid  lengthways,  so  aito  form  a  roof  iloping 
both  ways.  These  beams  (Jnpedatia,  1  feet  thick) 
are  nailed  and  clamped  together ;  at  the  bottom 
of  the  slope  each  side  rises  a  ledge  ijtgalai), 
i  digits  high,  so  as  to  snpport  the  lajera  of 
briclu,  &c  The  layers  over  the  wooden  roof  are 
bricks  and  earth  ;  oTer  theae,  hides  to  prevent 
the  bricks  being  diaplaced  by  water  j  and  oTBT 
the  hidea  are  ensbions  or  maltreasea  (omtonM) 
kept  wet,  ao  as  at  once  to  prevent  fin  and  to 
break  the  force  of  stonea  hnrled  from  above. 
Thg  machine  ia  constmcted  beneath  the  tower  of 
lb*  boaiegara,  and  then  is  moved  on  rollen  up  to 


192 


MUSEA 


HU8ICA 


the  wall.  The  besiegen  throw  down  huge  stones 
and  blazing  tar  barrels,  which  roll  harmlessly 
off  the  sloping  roof.  The  difference  between  the 
muscalns  and  the  vinea  was  that  in  the  vinea 
one  of  the  long  sides  was  open  for  working, 
while  the  musculna  was  open  at  the  ends,  hence 
giving  a  long  sheltered  galler?,  the  end  of 
which  was  against  the  city  wall.  It  was,  of 
course,  rolled  lengthways  to  the  wall.  The 
vinea  was  rolled  broadside  up  to  the  wall.  The 
musculus  also  was  more  solidly  built  than  the 
vinea,  and  not  so  high.  The  testudo  was  some- 
thing like  the  musculus,  but  squarer.  (Lipsins, 
Poiiorcet  i.  9;  Marquardt,  Staatsverwalt.  ii. 
531.)  [LS.]    [G.  E.  M.] 

MUSE'A  (Mo^cia),  a  festival  with  contests 
celebrated  in  a  grove  on  the  lower  slopes  of 
Mount  Helicon  in  Boeotia,  not  far  from  the 
spring  of  Aganippe,  in  honour  of  the  Muses. 
It  was  held  every  fifth  year  and  with  great 
splendour.  (Plut.  Amaior,  p.  748  F.)  It  was 
<irst  under  the  charge  of  the  Ascraeans,  having 
been  instituted  according  to  tradition  by  the 
Aloidae:  afterwards  it  was  superintended  by 
the  inhabitants  of  Thespiae.  (Paus.  iz.  29,  §  1 ; 
31,  §  3;  C.  /.  1585,  1586.)  There  was  also  a 
festival  called  Museia,  which  was  celebrated  in 
schools,  with  sacrifices,  to  which  the  pupils  con- 
tributed. (Aeschin.  in  Timarch.  §  10;Theophrast. 
25,  11 ;  LuDUS,  p.  95  a.)     [L.  S.]    [G.  £.  M.] 

MUSE'UM  (JtHowruov)  signified  in  general  a 
place  dedicated  to  the  Muses,  but  was  specially 
the  name  given  to  an  institution  at  Alezandria 
founded  by  Ptolemy  Philadelphus,  about  B.a  280, 
or  perhaps  by  his  father  and  predecessor  Ptolemy 
Soter,  for  the  promotion  of  learning  and  the 
support  of  learned  men.  (Athen.  v.  p.  203.) 
We  learn  from  Strabo  (zviii.  p.  794)  that  the 
museum  formed  part  of  the  palace,  and  that  it 
contained  cloisters  or  porticoes  Qr^pitrvros^  a 
public  theatre  or  lecture-room  (i^iipa),  and  a 
large  hall  (oTicof  /a^tos),  where  the  learned  men 
dined  together.  The  museum  was  supported  by 
a  common  fund,  supplied  apparently  from  the 
public  treasury ;  and  the  whole  institution  was 
under  the  superintendence  of  a  priest,  who  was 
appointed  by  the  king,  and,  after  Egypt  became 
a  province  of  the  Roman  empire,  by  the  emperor 
(Strabo,  /.  c).  Botanical  apd  zoological  gardens 
appear  to  have  been  attached  to  the  museum 
(Philostr.  Apolion.  vi.  24 ;  Athen.  ziv.  p.  654). 
The  Emperor  Claudius  added  another  museum  to 
this  institution  (Suet.  CkiwL  42,  with  Casaubon's 
note).  The  studies  at  the  Alexandrian  Museum 
had  been  arranged  by  Ptolemy  Philadelphus  in 
four  faculties,  —  literature,  mathematics,  as- 
tronomy, and  medicine, — and  it  is  said  to  have 
received  at  one  time  as  many  as  14,000  students. 

It  should  be  observed  that  in  all  probability 
the  original  of  this  institution  was  the  museum 
at  Athens  (similar  in  its  object  of  encouraging 
learning  and  art  and  like  in  form,  though  on  a 
smaller  scale),  which  was  founded  or  enlarged 
in  pursuance  of  the  will  of  Theophrastus  to 
receive  the  statue  of  his  great  master  Aristotle, 
and  to  become  a  school  of  Aristotelian  philosophy 
(Diog.  Laert.  ▼.  51).  The  name  was  the  more 
appropriate  because  there  was  a  Mov<rcioy  at 
SUgira  (Plin.  ff,  N,  zvi.  §  133).  Baumstark 
(ap,  Pauly,  JUcU  Encyd,)  argues  for  the  founda- 
tion of  the  Alexandrian  Museum  by  Ptolemy  I. 
(Soter)   from    the   well-known   favour  which 


Ptolemy  Soter  showed  to  men  of  learning,  and 
especially  his  regard  for  Theophrastus  (Diog. 
Laert.  v.  37),  who  founded  or  enlarged  th« 
Museum  at  Athens,  and  for  Demetrius  Pha- 
lereus,  and  from  the  fact  that  the  manner  io 
which  Athenaeus  (/.  c.)  speaks  of  the  Moseam 
at  the  beginning  of  Ptolemy  II.'s  reign  we  shoald 
imagine  that  it  had  been  developing  for  some 
time.  It  is  easy  to  understand  how  the  word 
fiowTttoPy  losing  religious  significance,  came  to 
imply  solely  places  of  learning  and  art,  so  that 
we  find  Athens  itself  called  rh  riis  'EAA^Sof 
Mowruoy  (Athen.  iv.  187  d),  and  Longinos 
himself  spoken  of  as  *'a  walking  museum" 
(ffii^uxop  Ktd  vtoararovif  fiowrtioF,  Porphrr. 
16).  [W.  S.]    [G.LM.] 

MU'SIC  A  The  term  /towrucii  signified  the 
art  or  circle  of  arts  over  which  Uie  Muses 
presided,  viz.  poetry  in  its  various  kinds,  witii 
the  music,  whether  of  voice  or  instrumeot, 
required  for  its  worthy  presentation.  The  word 
which  most  nearly  denotes  what  we  call  the 
science  of  Music  is  &p/toyiic^,  but  that  word  does 
not  include  the  subject  of  rhjrthm  or  **time" 
(fvBfiutfi),  "Harmonic,**  therefore,  deals  onlr 
with  sounds  and  their  relations  in  respect  of 
tune :  *A/>fMK(irii  iartw  iwior^fiti  tfesfpirruc^  ntl 
vpoKTUcii  riis  rov  ^p/u>a'fi4twf  i^tms'  ^pim- 

woUb^  rd^iy  4x4yTm¥  trvyKtlfUtunf  (Pseudo-EacUd. 
Introd.  Harm,  p.  1).  The  ancient  science  of 
rhythm  dealt  not  only  with  noaical  sounds, 
but  with  everything  susceptible  of  rhythmical 
division,  including  (in  particular)  spoken  lan- 
guage, and  the  movement  of  the  dance.  Accord- 
ingly it  has  been  made  the  subject  of  a  separate 
article  [Rh7THMICa3. 

The  Greek  technical  writers  on  '^ Harmonic'' 
usually  treat  the  subject  under  seven  heads  :— 
I.  Of  Sounds  (T«pl  ftf^TTwr).  II.  Of  Intemls 
(rep!  htoffrrifidrttw).  III.  Of  Genera  (vcpl 
7cy£ir).  IV.  Of  Systems  or  Scales  {wtpt  evant- 
fidroni),  V.  Of  Keys  (weol  t^wi^).  VI.  Of 
Transition  (vtpl  furaPoK^ty.  VII.  Of  Com- 
position (inpX  fit\owoiiat).  This  division  will 
be  generally  made  use  of  in  the  present  article. 

A  Sound  ia  musical  when  it  has  a  determinate 
pitch  (rdffis) ;  that  is  to  say,  when  it  it  pro- 
duced by  vibrations  in  which  waves  of  s  par- 
ticular length  sensibly  predominate.  The  pitdi 
must  also,  of  course,  be  maintained  sufficiently 
long  to  make  a  distinct  impression  on  the 
memory.  When  two  musical  sounds  ditiTer  ia 
pitch,  one  is  said  to  be  more  acuU  (^vs),  the 
other  more  grave  (fietpus):  in  common  Isngnage, 
one  is  called  higher,  the  other  lower.  The 
term  i/AfitKiis,  applied  to  a  sound,  signifies  that 
it  is  capable  of  being  used  in  the  same  melody 
with  other  sounds. 

An  Interval  is  the  difference  or  distance  in 
respect  of  pitch  between  two  musical  sounds. 
The  interval  between  any  pair  of  soimds  can 
be  compared  in  point  of  magmtude  with  that 
between  any  other  pair,  and  the  magnitude  of 
an  interval  can  be  measured  with  more  or  less 


•  The  word  r6r^,  lit  -tension/'  ••pitch,*  h««  <^ 
distinct  specUl  senses.  It  is  applied  to  lat  &«ys.  >• 
being  scales  which  differed  in  pitch.  It  Is  also  the 
name  of  an  interval,  a  tone;  periiaps  u  bring  ^ 
interval  through  which  the  voice  Is  moit  natwaUj 
raised  at  one  effort. 


HUBICA 


MUSICA 


193 


ixuKfhf  th$  ear.  Further,  certain  interrals 
-^  OeteTe,  the  Fifth,  &c. — are  recognised  as 
pusMssisf  a  definite  pleasing  character;  and 
Uai  beane  the   foundation    of  ejrstems    of 

If  two  strings,  similar  in  material,  thickness 
aci  teauoD,  be  mado  to  Tibrate,  the  rate  of 
nlntioo  is  inversely  proportional  to  their 
ksftJi:  and  the  interral  between  the  sounds 
fTfldond  depends  only  on  the  ratio  of  the 
losthft,  UL  of  the  numbers  of  vibrations.  Thus : 

irtl»ntk>te  3 : 1,  the  interval  Is  an  OcUve. 
»      tt      3:3.  M       »»        Fifth, 

n      M       4 :  S,  „        M         Fourth. 


Tbe  difoovery  of  these  ratios  is  attributed  to 
Pnkforas,  and  probably  with  truth,  although 
iit  detaila  with  which  it  is  told  by  later 
v:.teis  (Kioomadius,  p.  10;  Diog.  Laert.  viii. 
^)  ut  plainly  false.  According  to  these 
fnten,  Pythagoras  happened  to  be  passing  a 
Ufckunith's  workshop,  and  noticed  that  the 
aaacal  intervab  irere  produced  by  four  ham- 
aen,  vbose  weights  he  found  to  be  in  the 
(«Qpciti(»i  of  12,  9,  8,  and  6.  He  then  stretched 
fjQi  iimilar  strings  by  weights  which  were  in 
th«  lame  proportion,  and  found  that  they  gave 
tkeOcUve  (12  :  6),  the  Fifth  (12  :  8  or  9  :  6), 
ti:«  Fomth  (12 :  9  or  8 :  6),  and  the  Tone 
(9 :  9X  But  under  these  conditions  the  vibra^ 
tioBs  vovld  have  been  as  the  square  rooU  of 
tiittt  nnnbers.  The  discovery  of  Pythagoras 
Anaglj  impreasod  the  imagination  of  Greek 
tftmkenysnd  had  a  great  effect  upon  the  general 
VQn«  of  speculation,  but  did  not  lead  at  once 
to  i-rogRss  in  musical  theory.  His  followers 
ln&ed  themselves  with  d  priori  combinations 
cf  snnbers,  but  neglected  the  observation  of 
»v  &ct«.  This  led  to  a  reaction,  and  the  rise 
«i'  &  Khool  which  lefl  the  physical  basis  of 
*~Jk  eat  of  sight,  and  adopted  (in  principle  at 
l^ttt)  the  method  of  **  equal  temperament." 
T3CS  Greek  writers  are  divided,  in  their  general 
t7ekUnefit  of  intervals,  into  (1)  the  Pythagorean 
«r  aaUematical  (called  by  themselves  jtawwarof, 
^  ifpant9l%  who  identified  each  interval  with 
1  ntio,  and  (2)  the  *^  musical "  Ocovo-ucoi),  who 
■«anred  sU  intervals  as  multiples  or  fractions  of 
^  Tone.  Of  the  former  school  were  Archy tas 
(iOOiLC),  £uclid  the  geometer,  Eratosthenes, 
^i  t^  later  writers  Thrasyllus,  Didymus,  and 
hiUaj:  of  the  latter  were  Aristozenus  (pupil 
'f  Aristotle)  and  hU  followers,  the  chief  of 
vAca  were  Aristides  Quinctilianus  and  the 
^atW  of  the  e2er«7wyj^  hpftoyudi  which  bears 
I'iutc  wrongly)  the  name  of  Euclid. 

Utcrrals  were  distinguished  as  oonaonani 
i^p^mm)  or  dissonant  (lid^cvmi),  according  as 
^  two  sounds  could  or  could  not  be  heard 
t'gcther  without  offending  the  ear  (Ps.-Eucl. 
(  ^X  The  intervals  reckoned  as  consonant 
*<n  the  OcUve  (8<^  w«r£y),  the  Fifth  (fiiii 
^<X  the  Fourth  (8iA  rtaadpmif),  and  any 
^<<nral  produced  by  adding  an  octave  to  one 
*^  ^^m*    All   other  intervals  (as  the  Third, 

*  ftxlid  eoosklers  no  faitervals  consonant  but  such  as 
'^'J««iw»d  to  Buper-partlailar  (iwiiUiHot)  or  multiple 
'^^^avAmia)  ratios:  tbe  former  being  such  as  S  :  3, 
*  3>  he^  the  latter  such  as  3  : 1.  3 : 1,  Ac.  On  this 
'^'^theOoicve  aiid  Foarth(8 : 3)  would  be  dissonant, 
^  tbe  OctBfe  and  Fifth  (3 : 1)  consonant. 
TQLXL 


Sixth,  Tenth)  were  considered  as  dissonant. 
It  is  curious  that  this  class  should  have  included 
the  double  tone  (ZiroFov)  and  the  tone  and  half 
(rpt7ifur6ruiv),  even  after  these  intervals  had 
been  identified  with  the  natural  Major  Third 
(5 : 4)  and  Minor  Third  (6  :  5).  But  the 
distinction  between  consonant  and  dissonant  is 
a  matter  of  degree,  and  doubtless  the  Pytha- 
gorean tradition  tended  to  keep  up  the  notion  of 
a  special  character  for  the  Octave,  Fifth,  and 
Fourth. 

Aristotle  and  other  writers  use  the  term 
dfjLo^vyla  of  unison,  ian-t^vla  of  the  consonance 
of  the  Octave.  Later  writers  (as  Gaudentius) 
distinguish  a  third  relation,  intermediate  be- 
tween consonance  and  dissonance,  to  which  they 
apply  the  term  vapa^via.  The  instances  given 
are  the  ditone  and  the  tritone. 

An  aggregate  of  intervals,  or  rather  of  sounds 
separated  from  one  another  by  a  particular 
series  of  intervals,  constituted  a  System,  of 
scale. 

Every  system  capable  of  use  in  music  (crtScr- 
rn/Mi  4fifi€\4s)  could  be  analysed  as  a  combinap 
tion  of  Tetrachords  or  systems  of  four  notes, 
either  conjunct  or  disjunct^  Tetrachords  are 
**  conjimct "  (<rvtniifift,4va)  when  the  highest  note 
of  one  is  the  same  as  the  lowest  note  of  the 
other  (as  with  the  octaves  of  a  modem  scale). 
They  are  '* disjunct"  (puttvyfiiva)  when  the 
highest  note  of  one  is  separated  by  a  Major 
Tone  from  the  lowest  note  of  the  other.  This 
Tone  is  called  t6vos  9ia(wieTuc6f.  In  Ireality 
the  Octave  scale  had  much  the  same  place  in 
ancient  as  in  modem  music :  but  the  tetrachord 
was  taken  as  the  theoretical  unit.  Thus  the 
scale  abode  f  g  a  would  be  regarded  as  com- 
posed  of  the  conjunct  tetrachords  bode  and 
9  f  g  Of  plus  the  tone  a — 6:  and  the  scale 
e  f  g  abode  as  composed  of  the  disjunct  tetra- 
chords ffga  and  bode. 

The  Genus  of  a  system  depended  upon  the 
relation  of  the  three  intervals  into  which  the 
tetrachord  composing  it  was  divided.  The 
Greeks  made  use  of  three  Genera, — the  Diatonic, 
the  Chromatic,  and  the  Enharmonic :  and  of  the 
two  former  of  these  there  were  certain  varieties 
called  Colours  (xp^)'  It  was  allowed,  more- 
over, under  certain  restrictions,  to  combine  the 
intervals  of  one  Genus  or  Colour  with  those  of 
another,  so  as  to  produce  "  mixed  "  divisions  of 
the  tetrachord.  The  different  forms  of  the 
Chromatic  and  Enharmonic  genera  were  broadly 
distinguished  from  the  Diatonic  by  the  ase  of 
two  small  intervals  in  succession — so  small  that 
taken  together  they  were  less  than  the  third. 
Two  such  intervals  were  said  to  form  a  wvicy^y, 
or  ''crowding*'  of  notes,  and  the  three  notes 
were  sometimes  called,  from  their  position  in 
the  group,  fiao&mncvos^  fUffdirvKvos,  and  6^6- 
wvicror.  The  Enharmonic  again  is  distinguished 
from  every  Colour  of  the  Chromatic  by  the 
titffis  or  quarter-tone,  the  smallest  interval 
known  to  Greek  music. 

It  is  not  easy  to  harmonise  the  different 
accounts  of  the  Genera  and  Colours,  especially 
as  it  is  impossible  to  say  how  far  these  accounts 
rest  upon  actual  observation.  The  following 
list  includes  the  chief  varieties  mentioned  or 
recognised  by  writers  of  both  schools : — 

1.  The  "  highly  strung "  Diatonic  Qitdroifop 
^iwropQv).    According  to  Aristoxenus,  the  in- 

O 


194: 


MUBIGA 


IfUSIOA 


tenraU  (in  the  ascending  order)  were  semitone, 
tone,  tone  (e  f  g  a).  The  ratios  given  by  the 
P^hagoreans,  such  as  Euclid  and  Eratosthenes, 
are  m  X  I  X  t  (Xc<j^tta,  'r6vos,  r6yo5}.  Didymus 
(a  contemporary  of  Nero)  proposed  the  ratios 
If  X  *^  X  {,  thus  introducing  the  Minor  Tone 
(10 :  9),  and  with  it    the    true  Major  Third 


(V  X  I  =  |>  Ptolemy  inverted  the  order  of 
the  tones,  making  the  division  M  X  |  X  '^f ,  thus 
obtaining  also  the  true  Minor  Third  (U  X  |  =  ]). 

2.  The  Diatonic,  called  by  Ptolemy  **  middle 
soft"  (Jitdrorow  lUaov  iuiKait6v\  or  <* Tonic" 
(S.  roinmwf\  formed  by  the  ratios  i|  X  |  X  (. 
These  ratios  were  given  for  the  ordinary  Diatonic 
by  Archytas— apparently  as  a  simplification  of 
the  Pythagorean  scheme.  No  corresponding 
division  appears  among  the  Colours  of  the 
Aristoxeneans :  but  Aristozenus  himself  says 
(p.  27,  9  Meib. ;  cp.  p.  52, 15)  that  a  musically 
correct  system  {viMmiiui  ififitKds)  may  be 
formed  by  combining  the  Diatonic  Xixot^hs 
(second  highest  note)  with  the  wapvirdTii  (second 
lowest  note)  of  a  Soft  Chromatic.  Such  a  tetra- 
chord  would  correspond  to  the  ^middle  soft 
Diatonic  "  of  Ptolemy  and  Diatonic  of  Archytas. 
In  the  system  of  Ptolemy  it  is  taken  as  the 
standard  division  of  the  octave.  We  shall  see 
that  its  existence  is  confirmed  by  the  notation. 

3.  The  Soft  Diatonic  (9idroyo9  /AoXoic^y), 
formed,  according  to  Aristoxenus,  of  the  in- 
tervals semitone,  three-quarters  of  a  tone,  tone 
and  a  quarter.  The  ratios  given  by  Ptolemy 
are  a  X  V  X  |. 

4.  The  standard  or  tonic  Chromatic  (xp&fia 
viivrww  or  romcubv).  Aristoxenus  gives  the 
intervals  semitone,  semitone,  tone  and  a  half: 
Ptolemy  the  ratios  H  X  tf  X  Z.  In  this,  and 
also  in  the  preceding  Colour,  if  rtolemy  is  right, 
the  highest  interval  is  slightly  over-estimated 
by  Aristoxenus. 

5.  The  Soft  Chromatic  (xp»^  ftoAcur^y),  for 
which  Ptolemy  gives  the  ratios  H  X  ^  X  {. 
It  answers  to  two  Colours  in  the  scheme  of 
Aristoxenus,  the  xP^f^  ftoKoKSw,  in  which  the 
two  small  intervals  are  each  a  third  of  a  tone, 
and  the  x*  ^fu^^t  ^^  which  they  are  each 
three-eighths  of  a  tone.  The  distinction  between 
these  two  Colours  is  rejected  by  Ptolemy ;  but 
as  he  mentions  that  they  were  both  obsolete  in 
his  time,  his  opinion  can  only  rest  upon  a  priori 
considerations. 

The  earliest  analyses  of  the  Chromatic  scale 
agree  partly  with  the  standard  kind,  partly  with 
this  '<soft'"  variety.  The  following  schemes 
are  mentioned  :— 

Chromatic  of  Archytas,       if  X  Sf  X  ^ ; 
„  Eratosthenes,  Q  X  ||  x  { ; 
„  Didymus,        H  X  ^  X  {. 

It  will  be  seen  that  Eratosthenes  was  the  first 
to  recognise  the  natural  Minor  Third,  and  (by 
consequence)  the  Minor  Tone. 

6.  The  Enharmonic,  in  which  the  intervals, 
according  to  Aristoxenus,  were  diesis,  diesis, 
ditone.  The  schemes  proposed  by  Pythagorean 
writers  were  :— 

Enharmonic  of  Archytas,      if  X  B  X  ) ; 
„  „  Eratosthenes,  ffl  X  9  X  B ; 

„  „  Ptolemy,         9  X  }]  X  f . 

The  scheme  of  Archytas  is  interesting  as  the 
earliest  recognition  of  the  natural  Major  Third. 


The  19 :  15  of  Eratosthenes  is  almost  ezaetV 
the  Pythagonan  ditone  81 :  64,  and  is  doubUti 
meant  as  a  simplification  of  it.  U  is  to  b 
observed  that  the  true  Major  and  Minor  Tfaini 
were  admitted  in  the  Enharmonic  andChromati 
genera  long  before  they  replaced  the  Pyths|t 
rean  division  in  the  Diatonic. 

All  these  scales,  except  the  first,  are  so  unlik 
anything  now  known,  at  least  in  European  masi( 
that  modem  writers  have  great  difficuUj  i 
fomung  any  idea  of  their  real  character  so 
effect.  The  most  plausible  view  of  the  Enhai 
monic,and  of  the  Chromatic  "colours,**  is  that  tli 
pair  oif  small  intervals  which  gives  them  tbei 
peculiar  chai*acter  was  due  in  each  case  to  th 
insertion  of  a  note  that  stood  in  no  harmoni 
relation  to  the  rest  of  the  scale,  and  oonseqoentl 
was  not  essential  to  the  melody,  but  might  b 
used  as  a  '*  passing  "  or  ornamental  note  (appo^ 
giatwa).  At  the  same  time,  or  more  prt^ab) 
as  an  earlier  step,  the  large  interval  whic 
belongs  to  the  Chromatic  and  Enharmonic  soak 
was  created  by  the  omission  of  a  note  from  th 
Diatonic  scale.  Thus  the  tetraehord  ef  ga,h 
the  omission  of  g^  and  the  insertion  of  a  diridioj 
note  between  e  and  /,  would  give  the  Enharmou 
e  e*  fa.  Similarly,  from  the  trichord  efa^h] 
inserting  a  passing  f%  we  obtain  the  Cbromati 
efft^a.  In  the  case  of  the  Enharmonic  ther 
is  direct  evidence  that  this  was  the  sctui 
process  by  which  it  was  formed.  Aristoxenn 
(quoted  by  Pint,  de  Mhs.  p.  11)  says  that  thi 
genus  was  discovered  by  the  musician  OlTmpai 
who  observed  that  a  peculiarly  beautifol  charac 
ter  (^9of)  was  given  to  a  melody  by  theomissiM 
of  the  second  highest  note  of  the  IMatonic  t«trai 
chord.  Hence  certain  of  his  compositions.  i< 
particular  those  called  ovoySeco,  employ  onlj 
the  notes  common  to  all  three  genera,  vis.  f /H 
a  b  0 — e  (omitting  g  and  d  as  peculiar  to  tb^ 
Diatonic).  The  Enharmonic  wirv^  (Aristoxeooi 
goes  on  to  say)  does  not  appear  to  be  doe  t^ 
Olympus.  Further,  in  the  archaic  style  o 
fiute-playing  the  semitone  is  undivided:  aAef 
wards  it  was  divided  (into  quarter-tones),  both  it 
the  Lydtan  and  the  Phrygian  munc.  On  thi 
view  the  distinctive  character  of  the  Enharmooii 
is  given  by  the  largeness  of  the  highest  ioterr^ 
in  the  tetraehord  rather  than  the  smalloess « 
the  two  others.  ' 

This  method  of  explanation  evidently  fails 
the  case  of  genera  in  which  the  large  istei 
cannot  have  been  obtained  by  the  omission  of  I 
note  in  a  Dihtonic  scale.    Such  are  the  *'SoilJ 
Diatonic,  in  which  the  large  interval  u  foot 
on  the  ratio  8  :  7,  and  the  standard  Chromat 
in  which  (according  to  Ptolemy)  it  it  fou&^ 
on  7  :  6.    Thene  intervals,  however,  msv  * 
been  obtained  by  direct  observation.   Th«r  ei 
in  the  natural  scales  of  the  horn  and  tnim}^ 
and  are  in  fact  used  instcRsd  of  the  Minor  VM 
and  Tone  (J  x  ^f)  in  the  harmony  of  the  domii 
Seventh,    both    by  stringed   instruments 
voices  when  unaccompanied  by  tempered  ioiti 
ments.    (See  the  instances  quoted  hjG^^^ 
vol.  i.  p.  315.) 

All  that  we  know  of  the  history  of  the  nc 
Diatonic  scales  tends  to  show  that  they  ^ 
used  in  combination  with  the  Diatonic  ratJ 
than  as  an  independent  form  of  muaic.    lo 
time  of  Ptolemy  only  one  division,  thst  of 
"middle  soft  '*  Diatonic,  could  be  used  for  l| 


MUSIGA 

violt  of  a  Male  The  four  others  that  were 
«Uii  ia  ordinarj'  ase — the  PTthagoreaa,  the 
UnpMF  m^wowaw^  the  B.  luikait&v^  and  the 
su&dinl  Ghromatic-— ooald  only  be  used  in 
rwBiwMtion  with  the  *<  middle  soft."  Thne 
Uere  vera  fire  rarieties  of  the  octave,  one  in 
whidi  the  atandaid  genus  only  was  used,  and 
fotr  ia  which  it  was  '^miaed"  with  a  tetrachord 
vt  a  diflerent  kind.  The  carious  role  is  giren 
uu  the  **  highly  strung  "  genera,  the  Pythago- 
Kia  sod  the  ttirmaif  g^rrorer,  must  be  in  the 
ipfcr  tetrachord  of  the  octare;  the  relaxed 
Ttficn,  the  **soli  "  Diatonic  and  the  Chromatic, 
A  tl»  lower  one.  We  cannot  indeed  extend  such 
:xa  to  the  earlier  periods  of  Greek  music;  but 
i;  Toold  seem  from  the  stress  which  all  writers 
\xx  «a  the  subject  of  **•  mixture "  ifdy/ia)  of 
feuni— Tiz.  the  combination  of  the  ioterrals  of 
iif<reat  genera  either  within  the  same  tetra- 
<^^vi,  or  in  different  tetrachords  of  the  same 
srstcm — that  this  was  the  way  in  which  some 
It  Uiit  of  these  strange  Tarieties  found  their 
nj  iato  practice. 

^  writers  recognise  the  natural  priority  of 
t£e  DiatoBsc  genus.  Next  to  it  Aristoxenus 
pUees  the  Chromatic,  the  most  difficult  being 
Ue  Eakszmonic :  wpwror  pikp  oir  kqX  irpc<r^^ra- 
'V  iMr  9rr49m  re  didro^ov,  vpStr^u^  yap  aiTov 

'•  Yfoi^urruroV,  rpirov  tk  ica2  kp^wrov  (▼.  1. 
mreror)  rh  dtrnpfUnw  rtktvrai^  yiu>  ain^ 
'^  ¥i>ka  intrk  woAAoD  irAinm  cvv^^traL  ^ 
^'^tf  (p.  19).  Elsewhere  he  complains  of 
ta«  tadency  to  depart  from  the  sererity  of  the 
^B^annoiiic,  and  {mss  into  the  ** sweeter"  and 
^n  emotioaal  Chromatic.  In  the  second 
''^MT  A.l>.  (as  we  learn  from  Ptolemy)  the 
t^t^snaonic  and  the  *< Colours"  of  the  Chro- 
sutic  hsd  gone  out  of  use. 

Kegudiog  the  systems  actually  employed  in 
''mk  music,  something  has  already  been  said  in 
'^naciion  with  the  instruments.  [See  Lyra, 
p  105  k]  At  an  early  period  we  find  eridence 
'^  u  octachord  system  or  octave  scale  of  eight 
"^fltes.  named  as  follows : — 

Mrr%  lit.  ^*  highest,"  in  our  terminology 
the  lowest  (sc  x^P^)- 

e^pwdni,  "  next  to  Merji." 

AixeviJt,  the  **  forefinger  "  note. 

^•sti,  the  ^  middle  "  note. 


MUSIGA 


195 


by  the  addition  of  tetrachords  at  each  end.    One 
of  these  consisted  of  two  complete  octaves,  viz. : 


Tpini,  the  "  third  finger  •*  note. 


nini  or  94gnh  the  *'  lowest,"  our  highest. 

^e  octave  consisted  of  two  disjunct  tetrachords, 

''^)  from  Mtm  to  lUvnj  and  (2)  from  •wapofiiari 

*"'  1^.    The  names  were  the  same  for  all  the 

2'^'ns ;  hat  the  genus  was  specified  if  neceesary 

a  xht  caie  of  the  •'movable  "  notes  {e.g.  \ixophs 

"^w»r,  X.  xp^pto^iiPh^  ^  hmpfiAvtos,  and  so 

1 V  la  the  I&tonic  genus  it  may  be  represented 

5  nx  aetation  by  the  octave  efgabcde. 

"tha  icsle  was  in  ordinary  use  in  the  time  of 

ph»  ind  Aristotle:  see  Plat.  JSUp.  p.  443  D 

l^*VWeapia   Tpla   tma    &innp   5povs  rpect 

^''^  knxpmtf  P94rjis  rt  ical   Mtnis  lal 

**^i  tti  «l  iXXa  ttrra  firra^h  nryxdrci  trrd), 

^^  Aiiit  JPfcM.  xix.  (especially  }§  3,  4,  where 

'*  lacQises  the  difficulty  of  singing  the  wapV' 

^*%  thoQgh  it  is  only  separa^  by  a  iUcu 

"«J  tie  Mnt).    The  Uchnical  writers  de- 

*^  two  systems,  obtained  from  this  octave 


t 


i 


This  was  called  the  greater  perfect  system.  An- 
other system,  called  the  smaller  perfect  systemy 
was  composed  of  three  conjunct  tetrachords, 
called  dwarwy,  ikitrmv,  and  o'vny/i^^ycvy,  with 
irpoe'\afA$ay6fMroSy  thus — 


tji  J  J  J  ■*  r  r  r  r-'fi 


and  these  two  together  constituted  the  immutable 
system,  i.e.  system  without  '*  transition "  or 
modulation  (ir&<mfffia  iLfirrdfioKov),  described  by 
all  the  writers  later  than  Aristoxenus. 

The  sounds  in  these  systems  were  named  in 
the  way  before  described,  the  names  of  the 
tetrachord  only  being  added,  except  in  the  case 
of /i.4«ni  and  rapofUffri,  Thus,  taking  the  sounds 
in  the  ascending  order— 


A  wpoaXafiBatfdfLtvos. 

B  irdmi  traruy. 

C  wapvwdn;  trarw 

D  Mxay^s  bwarSav 

£  inrdn^  fi4a'»v 

F  mpuwdrri  faio'oiy 

6  \ixaphs  ii4<ra»v 

A  itdmi 


I 


rerpdxopdow 
ivarSfP, 


T.  /i4<rMy, 


So  far  the  sounds  are  common  to  the  greater  and 
smaller  systems.    Then  follow,  in  the  greater, 

D     waf)aHrn9  0ic(cv7jU(y«yl  *     "^ 


yvvn  Bu(wyfi4yofy 


£ 
F 
G 
A     y^rni  {tnpfio\alw, 


The  interval  between  fi4cri  and  irap(m4ffri  is  a 
tone.  But  in  the  smaller  system  fiiaii  serves 
also  for  the  lowest  sound  of  the  tetrachord 
(Twiifkfiiyvy,  which  terminates  the  scale,  thus — 

A    ii^ri, 

B|7  rpLrri  trvyfi/ifL^ywy. 
C    vaparffni  avr^f^tdymw. 
D    r^rri  <rfirtififi4ywy. 

This  system  is  "  perfect "  and  '*  unmodulating," 
in  the  sense  that  any  particular  musical  scale, 
provided  that  modulation  is  excluded,  must  be 
similar  to  some  part  of  it.  Let  us  now  suppose 
that  a  partial  scale,  of  a  certain  number  of 
notes^  is  to  be  taken  on  the  Perfect  System.  By 
taking  different  notes  as  limits,  the  order  of 
the  intervals  in  any  such  partial  scale  may  be 
varied,  while  the  genus  remains  the  same.  The 
varieties  obtained  in  this  way  are  called  Species. 
It  is  evident,  further,  that  the  number  of  species 
of  a  scale  of  a  given  compass  is  the  same  as  the 
number  of  its  intervals.  Thus  the  Diatonic 
tetrachord  has  three  species,  as  the  semitone 
is  first,  second,  or  third : 

1st.  i    1     1,      2od.  1     }     It      3rd.  1     1    } 

The  Octachord  has  seven  species,  vix.  in  the  Dia- 
tonic genus^- 

0  2 


196  HUSIGA 

laL  J  1  1  i  1  1  1  0-b) 
2nd.  1  1  i  1  1  1  *  (^J— c) 
3rd.     1     J     1     1     1     i     1    C^-^*) 

and  so  on,  the  semitoncB  changing  their  place 
by  snccessive  steps.  Similarly  in  the  Enhar- 
monic genus  there  were  seren  species,  €b  which, 
according  to  the  statement  of  one  writer  (Ps.- 
Eucl.  p.  15),  names  were  anciently  given  as 
follows : — 


1.  Mixolydian  .  i  }  2  i  i 

2.  Lydian  .  J  2  J  t  2 

3.  Phrygian  .  2  J  i  2  1 

4.  Dorian  .  }  i  2  1  i 

5.  Hypolydian  .  J  2  1  J  i 

6.  Hypophrygian  2  114  2 

7.  Hypodorian  .  1  i  i  2  J 


2 
1 

i 
i 


1 

i 

i 

2 

i 

i    i 

i     2 


«,» 


A  late  writer,  Aristides  Quinctilianiis  (p.  21), 
describes  six  rery  ancient  divisions  of  the  scale 

Siotpiatis  oTj  jcal  ol  wdvv  waXatdraroi  wphs  t^ 
fAoylas  Kix^yrcu),  which  he  tells  ns  are  the 
six  **  Modes  *  (op/ioyfai)  characterised  by  Plato 
in  the  well-known  passage  of  the  Republic 
(p.  398).  He  gives  the  order  of  the  intervals 
as  follows  (assuming  that  8(c<ris  may  be  repre- 
sented by  a  quarter-tone) : — 


Lydian 

Dorian 

Phrygian 

Ionian 

Mixolydian  . 

Syntonolydian 


2    i 

n 

i    3 


2 
1 


Ko  satisfactory  attempt  has  been  made  to 
reconcile  this  scheme  with  the  Species  of  the 
Octachord,  but  traces  of  a  connexion  may  be 
pointed  out.  The  Lydian  of  Aristides  agrees  with 
the  Hypolydian  species ;  and  as  Plato  opposes  his 
\v9urrly  as  a  "  slack  "  or  low-pitched  scale,  to 
the  ffvrrovo\xf9ifrrly  we  may  regard  it  as  the 
"mode"    elsewhere  called    Hypolydian.     The 
Mixolydian  of  Aristides   is   derived   from   the 
corresponding  species  (6—6)  by  combining  the 
Diatonic  with   the  Enharmonic  in    the  lower 
tetrachord,   and  omitting    the  second   highest 
note.    The  Dorian  exhibits  the  central  octave, 
which  is  of  the  Dorian  species,  with  an  additional 
tone  at  the  lower  end.    The  Phrygian  is  unlike 
the  Enharmonic    Phrygian   species,   but   may 
be  derived  from  the  Diatonic  by  dividing  the 
semitones  and  omitting  the  diatonic  \txa»6s: 
thus  de  e*  f(g)abb*  cd.     The  upper  tetra- 
chord is  a  <^  mixture  "  of  Diatonic  and  Enhar- 
monic    The  Ionian  (taffrt)  and  Syntondiydian 
present  the  greatest  difficulties,  since  so  many 
notes  are  wanting.    Westphal  makes  it  proba- 
ble that  the  names  have  been  interchanged ;  if 
so,  the  Ionian  may  be  regarded  as  an  octave  of 
the  Diatonic  ^-species,  with  four  notes  omitted, 
and  the  semitone  divided  enharmonically :  (g  a) 
hh*  c(^d)e(f)g;  and  the  Syntonolydian  be- 
comes a  Diatonic  a-species,  with  like  omissions 
and  subdivision :  (a)  6  6*  c  (d)  e  (/)  ^  a.  These 
results,  however,  are  of  very  doubtful  value. 
In  particular,   they   are   open    to  the  serious 
objection  that  they  are  partly  obtained  by  con- 
necting the  Enharmonic  scales  of  Aristides  with 
the  species  of  the  Diatonic  genus :  whereas  the 
writer  who  is  our  authority  for  the  list  of  the 
Species   (Pseudo-Euclid)   connects  their  names 


MUSICA 

only  with  the  Enharmonic*  Keverthelen  the 
scales  of  Aristides  are  of  interest,  as  oonfirmiiu: 
the  view  that  the  Enharmonic  divisions  were 
formed  upon  the  basis  of  Diatonic  or  other 
natural  scales,  and  that  the  two  genera  were 
practically  employed  in  combination.  It  has 
been  noticed  that  the  upper  tetrachord  of  his 
Phrygian,  and  the  lower  tetrachord  of  hu 
Mixolydian,  are  in  fact  Diatonic  scales  with  the 
Enharmonic  notes  added. 

The  fifth  head  of  Greek  musical  science  is  that 
which  treaU  of  the  Keys  or  "pitch"  of  the 
various  scales  (ircpl  robs  r6povs  i^*  fir  TiBiiun 
rh  ffwrH^iuira  fuKwiurai,  Aristox.  p.  37  Meib.). 
The  distinction  of  keys  was  of  high  antiquity; 
but  the  arrangement  and  completion  of  the 
system  was  fint  carried  out  by  Aristoxenus, 
who  thus  did  for  Greek  music  what  was  done 
for  that  of  the  modem  world  by  the  Wohltm- 
periertes  Clavier  of  John  Sebastian  Bach.  In  the 
important  passage  already  quoted  (p.  37)  he 
goes  on  to  tell  us  that  in  his  time  there  was  a 
great  want  of  agreement  as  to  the  names  and 
relative  pitch  of  the  keys.  Each  part  of  Greece 
had  its  own,  as  each  had  a  different  calendar, 
with  different  names  for  the  months.  The  most 
generally  recognised  keys  were  : — 


Mixolydian  f 

Lydian 

Phrygian 

Dorian 

Hypodorian 


■ 


interval  of  a  semitone, 
tone, 
tone, 
semitone. 


w 


Some  added  a  Hypophrygian  below  the  HfpoH 
dorian.  Others,  again,  made  an  interval  of 
three  quarters  of  a  tone  between  the  successirei 
keys,  except  between  the  Dorian  and  Phrygian, 
which  seem  to  have  been  always  separated  hja 
tone. 

To  these  six  keys  Aristoxenus,  or  some  one  in 
his  time,  added  a  new  Hypodorian,  a  tone  loweij 
than  the  Hypophrygian:  the  old  Hypodonao 
was  then  called  Hypolydian.  Thus  the  con- 
vention was  arrived  at  by  which  the  prenxi 
hypo-  always  denoted  a  key  a  Fourth  lower  than 
the  key  to  whose  name  it  was  prefixed.  Thei 
next  step,  expressly  attributed  to  Aristoxenus 
himself  (P8.-Eucl.  p.  19),  was  the  addition  or 
six  new  keys,  thus  giving  one  for  every  senn- 
tone  of  a  complete  octave.  At  a  later  tiro*  two 
more  were  invented,  obviously  for  the  sake  ol 
symmetry,  and  the  whole  list  was  aa  follows  :— 

Hypolydian  Lydian  [Hyperlydian] 
Hypo-aeoMan          Aeolian  CHyper-MoUanj 

Hypophrygian  Phrygian  Hyperphrygian 
Hypo-ionlan           Ionian  Hyper-ioolaa 

Hypodorian  Dorian  Mixolydian 

Each  of  these  keys  was  a  transposition  of  the 
ir^arvfta  i/itrdfioKoyi   but  we  are  told  tba. 

•  It  will  be  evident  that  a  species  of  the  ViAUmK 
genus  and  theslmllarly  named  spedea  of  the  BobarBWwe 

are  two  utterly  different  nalea.    Compare  C*-*'^  _ 
Diatonic  and  Enharmonic  Lydian.  which  can  wntok 
belonged  to  the  same  "mode."    Thte  i*  •  ^"i 
which  the  writers  who  maintain  the  pracUcal  inxporuncc 
of  the  Species  have  not  recognised.  ^^ 

t  The  passage  Is  unfortanaiely  eormpt.  «  f^ 
clear  from  the  context  that  Westphal  U  Hght  In  pUOTS 
the  Mixolydian  highest  In  pitch  and  to  eondemningw" 
word  avAbr  after  thv  varo^fnryuir* 


HUSIGiL 

calf  thai  put  of  each  was  naed  which  waa 
vitiun  the  compass  of  the  human  yoioe. 

It  will  be  seen  that  the  order  in  pitch  of  the 
*»T«n  oldest  keys — Hypodorian,  Uypophrygian, 
Urpolrdian,  Dorian,  Phrygian,  Lydian,  Mixo- 
IjdiAOh— i«  exactly  the  reverse  of  that  of  the 
MTca  ipcciee  of  the  same  names  on  the  Perfect 
^fstem.  This  ia  the  chief  fact  which  a  theory 
of  tht  Greek  **  modes  "  has  to  explain. 

The  fifteen  keys  kept  their  ground,  at  least  in 
tatoTj,  until   the  time  of  Ptolemy,  in   whose 
EarmoM^t  a  new  scheme  is  set  forth  at  great 
IcsftL     In   this  scheme  the   keys  are  again 
rtlceed  to  seven,  and  are  brought  into  direct 
i-htion  to  the  species  of  the  (ktachoru.     The 
3tt  of  different  keys,  according  to  l^tolemy,  is 
not  that  the  pitch  of  a  melody  may  be  higher  or 
iiiver.   That  can  be  done  by  raising  or  lowering 
in  pitch  of  the  whole  instrument.    The  object 
is  that  difierent  successions  of  intervals  may  be 
Ireo^bt  within   the  ordinary  compass  of  the 
roic«:  sod  that  object  will  be  fully  attained  if 
erenr  octave  contains  as  many  different  scales 
(»accessions  of  intervals)  as  possible.     But  the 
Ru&b^  of  possible  scales  is  not  greater,  in  any 
«»  genus,  than  the  number  of  species,  viz. 
jeren.    Let  ua  take,  then,  as  the  part  of  the 
>caU  most  completelv  within   the  reach  of  all 
Toiccs,  the  old  central  octave,  from  ^wdrri  iiitrw 
t)»Tnf  Sic{(iV7/i«y«ry  in  the  I>orian  key.     It  is 
«i»  of  the  Dorian  species  (e — tf).     If  now  we 
tM«  an  octave  a  tone  lovo&r  on  the  scale  {d — cf), 
v*  hare  the  Phrygian  species.    But  if  we  at  the 
&me  time  raise  the  scale  into  tha  Phrygian  key, 
ve  obtain  the  Phrygian  species  in  an  octave  of 
t^ae  same  pitch  as  the  Dorian,  viz.  e  f^g  ah  c^ 
•i  e.    Similarly  the  Lydian  species,  'taken  on  ^ 
■lale  in  the  Lydian  key,  is  e  fl^  gij^  a  h  dj^  dtt  e. 
f  roceeding  thus,  we  obtain  what  Ptolemy  aims 
^t— an  octave  of  fixed  absolute  pitch,  furnish- 
cif  every  posrible  succession  of  intervals   or 
&p«des. 

The  octave  scarlet  obtained  by  this  process  are 
«f  the  same  abaolute  pitch,  but  are  relatively 
-iif<:rettt  parts  of  the  Perfect  System.  The  notes 
viiich  compose  them  have  therefore  a  double 
-airacter.  They  have  a  place  in  the  Perfect 
^m^n,  and  a  place  in  the  new  octave.  Hence 
^  ioable  nomenclature.  The  notes  are  called 
^T^  wapwrdmi,  &C.,  from  tbeir  place  in  the 
>'W  octave  (rf  0«Vci) ;  the  old  names  which 
VtOfig  to  them  tm  part  of  the  Perfect  System 
^'e  »id  to  be  xarh.  ivwofup. 

Tiieae  octavea,  again,  may  be  varied  by  the 
ai«  of  different  genera.  Here  Ptolemy  aids  us 
^^ry  much  by  giving  the  scales  actually  used  in 
hj  time  on  the  lyre  and  the  cithara.  Their 
Imiiti  number  is  in  curious  contrast  to  the 
inu&ense  theoretical  variety  which  he  sets 
i^Tt]L,  The  scales  of  the  lyre  were  of  two  kinds, 
called  or§f^  and  /taXoKd,  The  former  or 
"sard**  scale  was  an  octave  of  the  standard 
.T  Middle  Soft  Diatonic  genus.  In  the  latter 
^  "soft"  variety  the  lower  tetrachord  was 
Caromatic  Apparently  there  was  no  limitation 
•^  Tespect  of  key  or  species. 

The  scales  of  the  cithara  were  of  at  least  six 

(1)  rphoi.  Middle  Soft  Diatonic,  and  of  the 
^Jpederian spedes:  abl^ieef^ga. 

(2)  Mprpora,  the  same    genus,  Phrygian 


MUSICA 


197 


(3)  wapvwdreu,  "  mixture  "  of  Soft  and  Middle 
Soft  Diatonic,  of  the  Dorian  species : 


(4)  rp^oiy  mixture  of  Chromatic  and  Middle 
Soft  Diatonic,  of  the  Hypodorian  species : 

(5)  kurrtcuoKicuaf  mixture  of  Pythagorean 
and  Middle  Soft  Diatonic,  of  the  Hypophrygian 
species : 

^  i  a  t  6  iJf  c  I  (I  {  tf  11  ««  I  ^. 

(6)  Xi^Sio,  probably  a  mixture  of  9i^ro90i* 
(fvtnovov  with  Middle  Soft  Diatonic:  but  the 
text  of  Ptolemy  at  this  point  (ii.  16)  is  defective. 
In  another  place  (i.  16)  Ptolemy  speaks  of  the 
mixture  in  que^ition  as  found  **  in  the  \{jlBia  and 
IctoTia."  Owing  to  the  break  in  the  text,  it  is 
uncertain  whether  there  were  not  more  than 
these  six  varieties. 

From  an  incidental  notice  in  Athenaeus  (xiv. 
p.  625)  we  learn  that  there  was  an  ancient 
Locrian  key,  with  a  distinct  character.  The 
Locriau  and  A&)lian  species  are  identified  by 
the  Pseudo-Euclid  with  the  Hypodorian.  The 
ancient  Icnian  (laari)  is  generally  identified 
with  the  Hypophrygian  (Boeckh,  p.  225). 
According  to  Aristotle  (Po/.  iv.  3),  there  are 
two  chief  keys,  Dorian  and  Phrygian,  of  which 
the  others  may  be  regarded  as  varieties.  Plato 
opposes  the  Dorian  as  the  true  Hellenic  key 
to  the  Ionian,  Phrygian,  and  Lydian  (Lach. 
p.  188  £).  In  the  Republic  he  makes  a  three- 
fold division :  the  '*  slack  "  keys,  as  Lydian  and 
Ionian,  are  soft  and  voluptuous  (fit  for  drinking- 
songs,  &c.) ;  the  Mixolydian  and  "  tense  "  Lydian 
are  plaintive  and  exciting;  the  Dorian  and 
Phrygian  hold  the  middle  place,  and  represent 
the  two  aspects  of  a  good  ethoSj  the  Dorian  being 
the  key  of  calm  endurance  (ivSpcfa),  the  Phry- 
gian of  sober  enjoyment  (aw^poa^tni). 

The  nature  of  the  Greek  ** modes"  has  been 
investigated  by  Westphal  with  characteristic 
ingenuity  and  learning;  and  his  conclusions, 
which  leave  no  part  of  the  subject  unexplained, 
have  been  generally  adopted  by  Gevaert.  Accord- 
ing to  the  view  supported  by  this  high  authority, 
there  are  three  groups  of  *'  modes  "  (modaUites 
fondamerUakSt  Gev.) :  the  Dorian,  baaed  on  the 
octave  a — a,  the  modem  Minor  scale  (descending); 
the  Phrygian,  based  on  g — g  (the  Major  with  a 
fiat  seventh) ;  and  the  Lydian,  based  on  /— / 
(the  Major  with  a  sharp  fourth).  Each  of  these, 
again,  has  three  possible  varieties,  distinguished 
by  the  melody  ending  on  the  tonic,  the  dominant, 
or  the  third.     Thus  we  have — 

Keynote  a,  ending  on  a,  Hypodorian  or  Aeolian. 

»,  w  c,  Dorian. 

n  g,      ».  p,  Hypophrygian. 

n  M  &>  Mixolydian. 

n  n  d,  Phrygian. 

it  /•     »f  /.  Hypolydian. 

,«  u  o,  Syntonolydian. 

>f  >»  Cj  Lydian. 

To  discuss  the  combination  of  inferences  upon 
which  this  theory  rests  would  take  more  space 
than  we  can  afibrd.  It  will  be  enough  to 
indicate  the  nature  of  the  doubts  that  may  be 
felt  on  the  subject.  The  chief  difficulty  is  the 
want  of  any  direct  statement  regarding  the 
tonality  of  the  ancient  modes,  or  the  note  on 


198 


HUSIGA 


MUSICA 


which  the  melody  ended.  The  Jocus  ehssicua  on 
the  fint  point  U  the  passage  of  the  AriBtotelian 
PrcblemSj  xiz.  20,  vivrm  ykp  rk  Xfn|<n-ik  fitKri 
-woWdxis  if  /jJiTtf  XP^A<>  "cc^  irdyrcs  oi  iiyaBol 
-woairaX  mna^  irpbs  T^y  fiiojiv  inatrr&trif  k&v 
iariKOmtri  rax^  hrea^4pxovrat,  wphs  9h  &XA.ijy 
ofkets  o(>9€fdaif.  The  note  here  called  fidviij 
Westphal  maintains,  can  only  be  the  |Ac<n|  ry 
0t<r€L,  or  fourth  note  of  the  octave  actually 
used;  for  if  it  were  the  fUtni  of  the  Perfect 
System  Qitrn  Kork  9vvafuy)y  the  keynote  wonld 
have  the  same  reloHoe  pitch  in  all  the  modes, 
and  they  would  therefore  be  mere  transposiiions 
of  the  same  system.  But  (1)  there  is  no  trace 
in  the  Problems  of  any  octave  except  the  old  one 
of  the  Dorian  species  (e— e),  or  of  any  notes 
being  named  in  more  than  one  way.  And  (2) 
Westphal's  argument  only  applies  to  those 
*' modes"  in  which,  according  to  him,  the  fi4afi 
«<  by  position "  is  the  keynote,  viz.  the  Dorian, 
Phrygian,  and  Lydian.  Still  less  evidence  can 
be  shown  for  Westphal's  assumption  that  in 
each  mode  the  species  of  octave  used  is  deter- 
mined by  the  ending  of  the  melody.  There  is  no 
certain  trace  in  the  ancient  musical  writers  of  a 
rule  about  the  ind  of  the  melody. 

Other  difficulties  are  suggested  by  the  early 
history  of  the  keys.  We  are  asked  to  believe 
that  the  r6vot  of  Aristoxenus  were  wholly  dis- 
tinct from  the  apfundai  of  the  same  names  of 
which  we  read  so  much  in  Plato  and  Aristotle. 
Now  up  to  the  time  of  Aristoxenus,  as  he  him- 
self tells  us  (/.  c),  the  names  of  the  keys,  with 
their  relative  pitch,  were  still  unsettled.  But 
the  names  of  the  seven  Species,  as  we  have  seen, 
are  directly  dependent  on  the  Aristoxenean 
scheme  of  keys.  Consequently  these  names 
cannot  have  been  given  till  the  time  of  Ari- 
stoxenus. It  is  true  that  Aristoxenus  recognises 
the  difference  of  species,  and  indeed  devotes 
much  pains  to  ascertaining  the  number  of 
admissible  species  of  the  Octachord  (p.  6  and 
p.  36  Meib.).  But  he  never  connects  them  with 
his  scheme  of  keys,  or  with  any  names  such  as 
Dorian,  Phrygian,  and  the  rest.  It  surely 
follows  that  the  perplexing  doable  application 
of  these  ancient  names  is  the  work  of  a  later 
theorist.* 

It  may  be  said  that  the  ethical  character  of  a 
scale  is  more  likely  to  have  depended  upon  its 
"  mode  " — i.e.  upon  a  difference  such  as  distin- 
guishes our  Major  and  Minor  scales — ^than  upon 
its  pitch.  But  the  writers  who  dwell  most  on 
the  ethical  value  of  the  &pfiopiai  connect  it 
expressly  with  the  element  of  pitch.  Plato 
rejects  one  group  of  &pfiovlai  as  too  low-pitched 
(xoAofxiO,  another  as  too  *< highly  strung" 
(tr^WoyoiX  and  therefore  emotional.  If  we 
adopt  the  scheme  of  Ptolemy,  in  which  trans- 
position is  only  used  to  obtain  different  species, 
the  arguments  of  Plato  have  no  meaning. 

It  should  be  considered,  further,  that  along 
with  difference  of  Key  the  ancients  had  an  im- 
portant source  of  variety  in  the  Genera,  which 
(as  well  as  the  Keys)  were  regarded  as  possessing 
a  distinct  ethical  or  emotional  character.  It  is 
surely  in  the  Qenera,  rather  than  in  the  Species 

*  It  is  true  that  aooonUng  to  the  P8eiuio-Eaclid(p.  IS) 
tbese  naaee  were  given  to  the  species  **  by  the  ancients  " 
(vvb  Twv  o^oiMy).  But  the  Bomans  and  Byiantines 
used  this  tcnn  of  Qreeks  of  the  Alexandrian  period. 


of  Ptolemy  and  Aristides,  that  we  find  the  tru« 
artistic  analogue  of  the  modem  Modes.  Perb&ps 
we  may  go  further,  and  connect  the  loss  of  the 
Chromatic  and  Enharmonic  with  the  practical 
importance  of  the  Species  in  the  time  of  PtoleisT. 
Thus  the  system  of  the  second  century  a.d. 
would  be  midway  between  the  classical  Gre«k 
music,  with  its  Keys  and  Genera,  and  the  Tones 
of  the  mediaeval  Church. 

On  the  last  two  of  the  heads  enumerated  at 
the  beginning  of  the  article,  very  little  real 
information  can  be  obtained.  In  fact  they  could 
not  be  intelligibly  discussed  without  examples,  n 
method  of  illustration  which  unforttmateW  n 
never  employed  by  the  ancient  writers.  VLtn^ 
0o\^  was  the  transition  from  one  genas  u 
anothor,  from  one  system  to  another  (as  froQ 
disjunct  to  conjunct  or  vice  fersd),  from  one  Itj 
to  another,  or  from  one  style  of  melody  t] 
another  (Ps.-Euclid.  20),  and  the  change  %'t 
made  in  the  same  way  as  in  modem  modi^tioi 
(to  which  firrafioKii  partly  corresponds),  viz.  bj 
passing  through  an  intermediate  stage,  or  nsiDj 
an  element  common  to  the  two  extremes  be 
tween  which  the  transition  was  to  take  place 
(See  Ps.-£uclid.  21.) 

McXoiroita,  or  composition,  was  the  applies 
tion  or  use  of  all  that  has  been  described  nodel 
the  preceding  heads.  This  subject,  which  ooghl 
to  have  been  the  most  interesting  of  allf  i 
treated  of  in  such  a  very  unsatisutctory  waj 
that  one  is  almost  forced  to  suspect  that  only  al 
exoteric  doctrine  is  contained  in  the  works  whid 
have  comedown  to  us.  On  composition ^>n7pn-i| 
so  called,  there  is  nothing  but  an  enumentici 
of  different  kinds  of  sequence  of  notes,  viz.  :^ 
I.  iytayfiy  in  which  the  sounds  followed  oa 
another  in  a  regular  ascending  or  descendioj 
order ;  2.  tAok^,  in  which  interrais  were  takei 
alternately  ascending  and  descending ;  3.  irtTT</^ 
or  the  repetition  of  the  same  sound  several  Xxmi 
successively  ;  4.  roi^,  in  which  the  same  sou^ 
was  sustained  continuously  for  a  oonsiderab] 
time.  (P8.-Eucl.  22.)  Besides  this  dirisioJ 
there  are  several  classifications  of  melodies,  mad 
on  different  principles.  Thua  thev  are  dirid<^ 
according  to  genusy  into  Diatonic,  «c. ;  accordiq 
to  Acy,  into  Dorian,  Phrygian,  &c. ;  according:  i 
system^  into  grave,  acute,  and  intennediat 
(6waTociS^$,  in}TO€t54$,  fitaowiUs}.  '^^  ^^ 
division  seems  to  refer  to  the  general  pitch  i 
the  melody ;  each  of  the  three  dasses  is  said  i 
have  a  distinct  turn  {rp6rot\  the  grave  beia 
tragic,  the  acute  nomic  (yofiuc6s%  and  tl 
intermediate  dithyrambic.  Again,  melody  I 
distinguished  by  its  character  (^Bos),  of  whio 
three  principal  kinds  are  mentioned,  Btarra^ 
ruc6vf  <nfffTa\ruc6v,  and  fiervxaarucit^,  and  tbei 
terms  are  respectively  expUined  to  meaa  spt! 
tude  for  expressing  a  magnanimous  and  heroii 
or  low  and  effeminate,  or  calm  and  refim) 
character  of  mind.  Other  subordinate  dsss^ 
are  named,  as  the  erotic,  epithalamian,  comii 
and  encomiastic  (Ps.-Euclid.  21 ;  Aristid.  2^, 
No  account  is  given  of  the  formed  peculisriti^ 
of  the  melodies  distinguished  by  these  difftni 
characters,  so  that  what  is  said  of  them  in«rel 
excites  our  curiosity  without  tcndiog  io  ^ 
least  to  satisfy  it. 

It  ha?  long  been  a  matter  of  dispute  whetlil 
the  ancients  practised  Aarmony,  or  music  i 
parts.      The  following  are   the   facU   usail^ 


MUBIGA 


MUSIGA 


199 


tffcdcd  to  OB  each  lido  of  the  question.  In  the 
Bist  place,  the  writers  who  professedly  treat  of 
Bittie  make  no  mention  whatever  of  such  a 
pnetiee:  this  omistioB  constitutes  svch  a  yery 
rtmg  primd  fada  cTidence  against  it,  that  it 
iBB^  haTe  settled  the  question  at  once  but  for 
fapposed  pesitiTe  evidence  from  other  sources  on 
tki  9tbtr  side.  It  is  true  that  ficXoaroitR,  which 
sieht  hsre  been  expected  to  hold  a  prominent 
P^  in  a  theoretical  work,  is  dismissed  very 
saBOiarily ;  but  still,  when  the  subjects  which 
va^ftf  to  be  explained  are  enumerated,  luKowoAt 
is  owBtioned  with  as  much  respect  as  any  other, 
vbilst  harmomy  is  entirely  omitted.  In  fact 
ttere  leems  to  be  no  Greek  word  to  express  it ; 
ia  ofpioyia  signifies  a  well-ordered  scale  of 
Mmdt,  snd  evfa/ptffia  only  implies  the  concord 
betvcen  a  single  pair  of  soiuida,  without  reference 
to  9Qocenoa.  There  is,  however,  a  passage  in 
UM  Anstotelic  Frcbleaw  (xiz.  18)  where  suoces* 
WD  of  OBOionances  is .  mentioned :  Si^  ri  ^  di^ 
tarm  myi^tipfa  tStrai  fnAni  t  turyaiiCouin  ykp 
««»rfr,  tji^apt  1^  ovScfJoF.  The  word  ^icryo- 
^{w  signifies  the  singing  or  playing  in  two 
puts  St  the  intenrai  of  an  octave — a  practice 
vkich  would  arise  as  soon  as  men  and  women  or 
beri  sttemptad  to  sing  the  same  melody  at  once. 
TW  obfioQs  meming  of  the  passage  is  that  since 
Boiatenral  except  the  octave  was  magadiaed  (the 
e6ct  of  a  similar  use  of  any  other  is  known  to 
b«  iitoleiaUeX  tkere/ore  no  ether  was  employed 
at  til  in  singing :  implying  that  nothing  of  the 
Bttuie  of  eoontcrpotDt  waa  thought  of.  And 
tkis  ioterpretataon  is  borne  out  by  the  absence 
«f  ssy  other  leferenee  to  singing  in  parts,  or  to 
^umaj  in  purely  instrumental  music. 

On  the  otAcr  hand,  there  are  several  indica^ 

t»as  of  the  use  of  harmony  in  the  Kpowrts  or 

lutroDMntal  accompaniment.  The  most  decisive 

i«  &  paange  in  the  Laws  of  Plato  (vii.  p.  712). 

^king  of  the  musical  education  which  is  to 

fee  common  to  all  citizens,  he  says  that   the 

P«piis  are  to  lean  to  sing  to  the  accompani- 

BMut  of  the  lyre,  and  that  this  is  to  be  note  for 

note  the  same  aa  the  melody,  eschewing  all 

<liTer|»Bee  and  variation  in  the  instrumental 

F*rt,  by  which  the  strings  are  made  to  yield 

«<hflineBt  melody  from  that  which  the  poet 

c-Msposed,   combining    "dose"  with    "open" 

nloraU,  quick    thSe  with    slow,  high   with 

^«  notes,  consonant  and  in  octaves.    In  the 

hrtha,  toc^  they  are  to  abstain  from  intricacy 

10  tke  aooompaniment,   because  the  effort  to 

Attend  to  opposites  at  the  same  time  produces 

'«ly  confusion   and    perplexity.      It    appears, 

tkcfcfrre,  that  a  note  of  the  idr  might  be  ao- 

MDptnied  by  a  different  note,  or  by  two  or 

B<>re  •ucecasive  notes,  of  the  instrument ;  and 

t^  an  accompaniment  with  variations    and 

*f«>mot8  of  this  kind,  tliough  not  a  matter  of 

^ne,  was  familiar  at   least  to    professional 

nuidaiii.    In  the  Problems  of  Aristotle  (xix. 

U)  the  question  is  asked,  «« Why  the  lower  of 

tvo  strings  always  takes  the  melody?"  implying 

^  the  aoeoinpaniment,  in  instrumental  music 

^  ItMt,  was  ^ways  higher  than  the  air.    In 

•><thcr  passage  (xix.  89)  Aristotle  spraks  of 

^  cftct.of.  an  accompaniment  which  ends  in 

*>■«&  with  the  air,  after  having  been  different 

^  it:  T^  lAAa  o6  wpomwkovrres  ^    eb 

^W  umffTpifmeat  eO^^povat  /loXAoir  rf 


His  language  is  exactly  what  we  should  use  to 
describe  the  pleasure  given  by  the  resolution  of 
a  discord.  The  use  of  dissonant  as  well  as  con- 
sonant intervals  in  ancient  harmony  is  shown 
by  a  passage  in  Plutarch's  dialogue  de  Muslca 
(c  19).  Speaking  of  the  use  in  the  accompani- 
ment (wpbf  T^y  Kpovfftv)  of  notes  which  do  not 
occur  in  the  air, — a  pepnliarity  of  certain  ancient 
styles, — he  instances  the  rpini  which  was  found 
aa  accompaniment  to  the  wopvirdrif  (the  interval 
being  a  fifth),  and  the  y^n}  awiitJLfiivmVf  found 
with  the  ifapiarffni  and  the  fiimi*  The  interval 
between  rfini  and  wapoH^  depends  on  the 
genus,  but  in  any  case  is  reckoned  by  the  ancients 
as  dissonant.  The  late  writers  Gaudentlus  and 
Bacchius  apply  a  special  term,  irapwpmvla,  to 
intervals  which  they  say  "  are  intermediate  be- 
tween consonant  and  dissonant,  but  appear  con- 
sonant in  the  accompaniment "  {l¥  rp  4epo6a'ti). 

These  notices  make  it  clear  that  the  Greeks 
were  acquainted  with  some  at  least  of  the  effects 
out  of  which  systems  of  harmony  are  formed. 
That  their  harmonies  were  of  a  simple  kind, 
and  had  a  very  subordinate  place  in  their  music, 
is  no  less  evident.  There  is  no  certain  trace  of 
the  use  of  chords  or  groups  of  more  than  two 
notes.  The  art  of  harmony  has  no  history ;  it 
is  nowhere  connected  with  national  forms  of 
music,  or  with  the  names  of  eminent  musicians. 
It  never  emerges  from  the  stage  of  the  singer 
with  the  lyre  in  his  hand. 

The  musical  notation  (jinifuurla)  of  the  Greeks 
consisted  of  two  distinct  systems  of  signs,--^>ne 
for  the  voice,  the  other  for  the  instrument.  The 
vocal  signs  are  taken  from  the  common  or 
Ionic  alphabet.  The  notes  of  the  middle  part 
of  the  scale  are  denoted  bv  the  letters  in  their 

m 

usual  order;  those  of  the  lower  part  by  an 
alphabet  of  inverted  or  otherwise  altered  letters; 
the  upper  notes  are  distinguished  by  accents — 
an  accent  signifying  that  the  note  is  an  octave 
higher  than  that  of  the  unaccented  letter.  The 
nature  of  the  instrumental  notation  was  first 
explained  by  Westphal,  whose  admirable  in- 
vestigation has  thrown  much  light  on  the  enrly 
periods  of  Greek  music,  and  even  on  the  history 
of  the  alphabet.  The  following  is  a  brief 
snumiary  of  his  discoveries : — 

1.  The  instrumental  notation  was  derived 
from  the  first  fourteen  letters  of  a  Peloponneaian 
alphabet,  possessing  tUgammat  Fy  the  old  form 
of  lo^o,  lyy  and  two  forms  of  lambda,  <  and  H . 

In  a  few  cases  the  forms  of  the  letters  have 
been  modified :  thus  alpha  (originally  >4) 
appears  as  M,  beta  as  C,  delta  as  H,  theii  as  C, 
my  (originally  M)  as  P,  iota  as  h.  By  treating 
the  two  forms  of  lambda  as  distinct  characten 
the  number  is  raised  to  fifteen. 

2.  These  characters  are  applied  to  denote  a 
scale  of  two  octaves,  as  follows : — 

HhEH-rpFC     Kn<CNZVl 


The  arrangement  of  the  letters  is  worth  notice. 
The  inventor  began  by  taking  alpha  for  the 
highest  note  of  his  scale.  Then  he  took  the 
other  characters  in  pairs,  C  T,  IE,  F  Z, 
H  C,  h  K,  <  H ,  P  N,  and  made  each  pair 
stand  for  the  extreme  notes  of  an  octave.    This 


200 


MUSIGA 


MU8TAX 


scale  may  be  regarded  as  the  framework  of  the 
system  of  notation. 

3.  A  character  may  be  varied  by  being  re- 
versed, t.e.  written  from  right  to  left  (&ire» 
trrpafifi4¥0p)t  or  by  being  turned  half  round  back- 
wards (iaft<rrpatifi4poPf  fhrriop).  When  reversed, 
it  denotes  a  note  half  a  tone  higher :  when  half 
reversed,  it  denotes  a  note  a  quarter  of  a  tone 
higher.  The  combination  of  the  two  varieties 
evidently  gives  an  Enharmonic  inficp6v,  or  group 
obtained  by  dividing  a  semitone :  e,g,  if  we  take 
the  four  *^  stable  "  notes  of  the  central  octave, 
r  C  K  C,  we  complete  the  scale  in  the  En- 
harmonic genus  by  inserting  the  varieties  of  T 
and  K,  thus  obtaining  rL'lCK^>IC 

In  some  cases  this  method  of  varying  the 
letters  is  impracticable ;  e.g,  H  reversed  does 
not  change,  N  half-reversed  becomes  Z,  and 
vice  versd.  Other  modifications  are  accordingly 
employed,  and  we  have  the  groups  M  K  N, 
Z  X  X,  N  /  \,  n  <  A,  and  H  ti  R. 

4.  In  the  Diatonic  genus  the  second  lowest 
note  of  a  tetrachord  is  not  represented,  as  we 
should  expect,  by  the  reversed  letter,  but  by 
the  half-reversed  one,  the  same  character  as 
the  second  lowest  Enharroonic  note.  Westphal 
infers  that  the  Diatonic  for  which  the  notation 
was  originally  devised  was  a  scale  such  as  the 
Middle  Soft  Diatonic  of  Ptolemy,  or  the  Diatonic 
of  Archytas,  in  which  the  lowest  interval  was 
less  than  a  semitone. 

5.  In  the  Chromatic  genus  the  characters 
used  are  the  same  as  in  the  Enharmonic,  but 
the  reversed  letter  is  distinguished  by  an  accent. 
Thus  the  Chromatic  tetrachord  e  f  f^a  is 
written  P  L 1  'C  or  (in  the  upper  octave) 
C  U  3  '\4.  Here  again  the  notation  does  not 
answer  to  the  standard  form  of  the  genus,  but 
is  exactly  suited  to  the  Chromatic  of  Archytas, 
in  which  the  lowest  interval  is  the  same  as  in 
the  Enharmonic. 

6.  The  system  was  enlarged  by  the  addition 
,of  two  tones,  each  with  the  corresponding  irvir* 
v6vf  at  the  lower  end  of  the  scale,  and  an  octave, 
except  the  highest  note,  at  the  upper  end.  The 
two  groups  were  denoted  by  the  characters 
^  ^  T  and  €  CO  9,  which  are  evidently  in- 
vented on  the  analogy  of  the  letters  already  in 
use.  The  new  upper  notes  were  denoted  by 
accented  letters,  K'  to  Z',  repeating  the  scale 
from  K  to  Z  an  octave  higher.  In  this  shape 
the  system  contained  the  notes  of  the  Greater 
Perfect  System  in  all  the  fifteen  Keys,  and  in 
the  three  Qenera. 

It  is  remarkable  that  we  find  no  trace  of  a 
distinction  between  Greek  and  Roman  music. 
The  Latin  writers — the  chief  of  whom  are  Mar- 
tianus  Capella  and  Boethius ' —  derive  their 
material  from  Greek  sources. 

The  extant  fragments  of  Greek  music  are  as 
follows  (see  Gevaert,  i.  pp.  141  ff.) : — 

Hymn  to  Calliope^  by  a  certain  Dionysius,  of 
unknown  date. 

Hymn  to  Apollo,  ascribed  to  the  same. 

Hymn  to  Nemesis,  probably  by  Mesomedes, 
a  musician  of  the  second  century  a.d. 

These  three  hymns  are  edited  with  a  com- 
mentary by  Bellermann  (Berlin,  1840). 

The  Anonymus,  edited  by  the  same  scholar 
(Berlin,  1841),  contain!  some  fragments  in  the 
instrumental  notation,  given  to  illustrate  the 
technical  terms  of  /ueXoroifo. 


A  melody  for  the  first  eight  venes  of  the  fint 
Pythian  ode  of  Pindar  was  published  by  Kircher 
in  his  Musvargia  Vnwer»ali»,  He  professed  to 
have  taken  it  from  a  MS.  of  the  monastery  of 
S.  Salvatore  at  Messina ;  but  the  MS.  has  never 
been  found.  It  is  given  by  Boeckh  {De  Metr, 
Find.  iii.  12),  who  accepts  it  as  genuine.  It  ii 
also  admitted,  though  with  grave  doubt,  by 
Gevaert  (i.  p.  6). 

A  Hymn  to  Demeter,  given  in  Greek  notatioD 
by  the  Venetian  composer  Marcello,  is  of  still 
more  doubtful  authenticity  (Gevaert,  ibid.\ 

The  chief  ancient  authorities  on  the  subject 
of  this  article  are,  the  '^Antiquae  Hosicae 
Auctoret  Septem  " — vis.  Aristoxenus,  Euclid  (in- 
cluding the  €lifaeymy)i  appunnitii  which  bean  his 
name)^  Nioomachns,  Alypius,  Gaudentins,  Bee- 
chius,  Aristides  Qnintilianus — and  MsrtUmos 
Capella,  edited  by  Meibomins,  in  two  vols. 
(Amsterdam,  1652);  the  ffarmonia  of  Ptolemy 
(in  vol.  iii.  of  Wallis,  Op.  Maikmat,  Oxford, 
1699) ;  Theon  Smymaeus,  De  Musioa  (ed.  Bulli- 
aldus,  Paris^  1644);  the  Anonymus  edited  by 
Bellermann  (Berlin,  1841)  ;  the  Dialogue  of 
Plutarch  De  Mutioa;  Anstotle,  ProU.  xix.; 
and  several  chapters  of  Athenaeus,  book  xiv. 
The  Barmonic  of  Aristoxenus  has  also  been 
edited  by  P.  Marquardt  (Berlin,  1868),  sad 
translated  with  commentary  by  Ruelle  (Paris, 
1870)  and  by  Westphal  (Leipzig,  1883).  Then 
is  a  new  edition  of  Aristides  Qnintilianus  by 
Alb.  Jahn  (Berlin,  1882). 

The  chief  modem  sources  of  information  are, 
Boeckh,  De  Metrie  Pindari;  Fortlage,  Das  ms- 
sikaUedie  System  dkr  Griechen  (Leipsig,  1847); 
the  various  writings  of  Westphal,  of  which 
his  book  Die  Musik  des  griedviichen  Alterihvms 
(Leipzig,  1883)  may  be  mentioned  as  an  excel- 
lent introduction  to  the  subject  in  a  compa- 
ratively small  compass;  Gevaert,  Hisitoire  d 
Theorie  de  la  Ifusique  dans  VAniiqwU  (Gand, 
1875, 1881);  Helmholts,  Die  Lehre  wnden  Tmem- 
pfindungen,  ^  IS,  U.    [W.  F.  D.]    [D.  B.  M.] 

MUBITUMOPUa    [PiCTURA.] 

MUSTAX  QiierraOy  moustaches.  The 
different  parts  of  the  beard  [Babba]  had 
different  names,  which  also  varied  with  its  age 
and  appearance.  The  youne  beard,  first  appear- 
ing on  the  upper  lip,  was  called  Mfrn  or  iti^ 
irp«^(Diod.  V.  28;  Philostr.  Sen.  Imag.l^, 
ii.  7,  9),  and  the  youth  just  arrived  at  puberty, 
who  was  graced  with  it,  was  vpmrw  ^wifrkniS' 
(Hom.  //.  xxiv.  348,  Od.  x.  279;  Schol.  m  loc. ; 
Brunck,  Anal,  ui.  44;  Aelian,  V,  H.  x.  18.) 
By  its  growth  and  development  it  produced 
the  moustaches^  which  the  Greeks  genersUy 
cherished  as  a  manly  ornament.  (Theocrit.  xiv. 
4;  Antiphanes,  op.  Athen.  iv.  21;  PoUnz,  ii. 
80,  X.  120;  Aristoph.  Zys.  1072;  Vesp.  476.) 
To  this  practice,  however,  there  seems  to  hsTP 
been  one  exception.  The  Spartan  Efhobi,  when 
they  were  inducted,  made  a  proclamation  re- 
quiring the  people  '*  to  shave  their  moustaches 
and  obey  the  laws.**  (Pint.  CUom,  9.)  For 
what  reason  they  gave  the  former  conunand 
does  not  appear,  nor  how  it  is  to  be  reconciled 
with  the  passages  dted  from  Aristophanes  and 
Antiphanes,  unless  we  understand  it  to  refer  to 
the  young  only,  which  the  succeeding  sentence 
seems  to  imply.  (Produs  tii  Hes.  C^  ^  I^^ 
722 ;  MuUer,  Dor.  iu.  7,  §  7,  iv.  2,  §  5 ;  Bw^ker- 
Giill,  Charikles,  iiL  p.  296.)      [J.  Y.]  [G.  £.  V 0 


HUSTUH 


MYBH 


201 


MU6TUM.  ryiiiuii.] 
MUTATKXN^.  [Mansio.] 
MUTULUS.  [COLUMNA,  Vol.  I.  p.  491.] 
XUTUUM.  A  mudmi  datio  ezitts  when 
tUags  ''qnaa  pondere,  nnmero,  mensunTe 
cBMtaiit,'* — M  coined  money,  wine,  oil,  corn, 
braze,  ^Ttr,  gold,^-«re  conyeyed  by  one  man  to 
s&rtiier,  10  as  to  become  his  property,  but  on 
tk  midezvtanding  that  an  equal  quantity  of 
tiiiap  of  the  same  kind  shall  be  returned.  The 
^Uigitio  thus  arising  belongs  to  the  class  of 
cbciie  things  **qnae  re  contrabnntur,"  since, 
besidn  infbraial  agreement,  delivery  of  the  res 
saim  was  required  in  order  to  establish  it.  A 
9Mtm  datio  was  not  contracted  unless  the 
fwnenhip  of  the  thing  delivered  passed  to  the 
borrower;  hence  it  was  necessary  that  the 
iesder  should  hare  a  good  title  to  the  thing  and 
ik  power  of  alienating  it.  The  contract  would 
«iio  be  void,  if  tbo  borrower  was  incapable  of 
Icgslly  binding  himself  by  his  act.  When,  how- 
ever, s  wMtm  daih  was  invalid,  as  not  comply* 
isg  with  these  conditions,  the  borrower  was  not 
ntitled  to  retain  the  benefit  of  the  loan,  but  on 
grooads  apart  from  contract  might  be  com- 
pelled to  restore  the  thing  or  its  value  to  the 
Inder. 

U  the  mutvi  datiOf  inasmuch  as  the  thing 

became  the  property  of  the  receiver,  the  Roman 

joxuts  were  led  to  the  absurdity  of  saying  that 

aatonm  was  so  called  for  this  reason,  *'  quod  ex 

nwo  tDom  fit.'*    (Curtins,  Gr,  Etym.  301,  de- 

nT«i  mutusm  from  mocerej  montunu.)    The 

•olr  obligation   created  by  mutuum  was  the 

Bodfrtskiag  of  the  borrower  to  return  a  thing 

«f  exactly  the  same  kind  and  quantity,  though 

fr)t  the  same  specific  thing,  as  in  the  contract  of 

lita  called  commodatuin.    He  was  not  excused 

if  the  things  were  lost  by  any  accident,  as  by 

in  or  shipwreck,  since  he  had  become  owner  of 

UeiDfSnd  it  was  always  possible  to  return  an 

equTslettt.    This  contract  was  confined  by  its 

uive  to  exchangeable  things  (ret  fungibties), 

od  mott  commonly  had  for  its  object  a  loan  of 

D^ej.    The  borrower  could  not  be  obliged  to 

?*5  isterest  on  the  debt  except  by  means  of  an 

:*%wndeat  stipulation.    The  action  which  the 

rffida  could  maintain  for  the  enforcement  of  his 

<^  was  called  oondictio,  and  was  the  same 

^OB  as  that  of  the  formal  contracts  verbia  and 

^^^^^    It  was  a  ttrieti  jttris  acUo^  not  bonae 

Ueiy  and  hence  the  borrower  could  only  be 

^"Bdonsed  to  pay  what  he  had  received  without 

>^tOttt    It  is  a  peculiarity  of  mutm  datio  that 

*nboogh  it  originated  in  the  Jus  Gentium,  the 

tttwD  beloBging  to  it  was  stricti  juris.    The 

»et  that  it  heUmged  to  the  Jus  Gentium  shows 

^  it  was  not  l^ly  recognised  till  some  time 

«»H«nt  to  the  Twelve  Tables.    Voigt  sug- 

t«U  525-544  A.U.C.  as  the  proUble  date  of 

lU  first   csUblishment.      (Cf.    the    following 

f«Mfw  cited  by  him :— Plant  2Wn,  Ui.  2,  101, 

*'•  3,  44 ;  Baoch,  u.  3,  16 ;  Liv.  xxxii.  2,  1 ; 

'^  pro  Eotc,  Com,  4,  13 ;  Gell.  xvii.  6,  1.)    It 

»«»  wtsinly  older  than  the  other  contractus 

*^  The  borrowing  by  way  of  mutuum  and  at 

"J^ttt  ire  sometimes  opfwsed,  as  by  Plautus 

^^■j  I  ^  95).    The  S.  C.  Macedonianum  did 

^  »Uow  s  right  of  action  to  a  lender  against  a 

JaBi&iDiliM  10  whom  he  had  given  money. 

i^rxinsooiisuLTtnf  Macedokiakum.] 

(H 12, 1 ;  Cod.  4, 1 ;  fieimbach,  J)ie  Lshre 


vom  Creditumy  p.  131,  &c. ;  Bekker,  Aktionmy  t. 
27-29 ;  Demelius,  Zeitschrift  f&r  Bechtsgesch, 
ii.  217 ;  Ubbelohde,  Zur  Qeichichte  d,  benannter 
Reahontracte ;  Huschke,  Die  Lehre  xom  Bar* 
lehn.)  [G.  L]    [E.  A.  W.] 

MYIKDA  (fiu/tifBa)  was  a  game  in  which  one 
was  blindfold,  or  was  obliged  to  keep  his 
eyes  shut  (jjkitty).  As  may  be  seen  from  the 
description  in  Pollux,  there  were  other  varieties 
of  the  game  besides  our  *'  blind-man's  buff  "  in- 
cluded under  this  name.  Pollux  (ix.  113)  says, 
'*£ither  one  who  is  blinded  {Kara/i6mv)  cries 
^kdrrov  and  compels  any  one  whom  he  catches 
to  be  blinded  in  his  place,  or  searches  for  the 
others,  who  hid  themselves  while  he  had  his 
eyes  covered  (fi^atrros  icpv^4rras)f  till  he 
finds  them ;  or  lastly,  still  blindfold,  when  any 
one  touches  him,  or  if  any  one  gives  a  sign  (w^mmt- 
Sc((pX  guMses  who  it  is  until  he  gives  a  right 
name."  There  seems  no  need  for  any  alteration 
in  the  last  clause  such  as  Grasberger's  ftvcas 
robs  Kfw^4tnas  (where  the  force  of  the  concise 
genitive  absolute  appears  to  be  misunderstood)^ 
or  ^pov$pi^jf  for  ir/kKr8cl|p,  which  means,  pro- 
bably, giving  some  clue  to  identity  by  laughing 
or  speaking.  Clearly  the  second  variety  is  our 
"  hide  and  seek  "  (much  the  same  as  Awodidpa- 
o'K(rBa);  the  first  and  third  are  two  forms  of 
blind-man's  buff,  differing  in  the  point  that  the 
third  requires  the  "blind-man"  to  guess  the 
name  of  any  one  who  touches  him  or  speaks. 
(Becq  de  Fonquiires  seems  to  change  the  nomina- 
tives Tis  into  the  objective  case.)  The  guessing 
by  the  blindfold  occurs,  also  in  the  game  which 
Pollux  calls  KoTsXa^oiUs  (i.^.  buffeting =KoXa- 
^ia'fi6s),  to  which,  rather  than  to  funtfiOf  we 
must  refer  Luke  xxii.  64.  It  is  a  more  difficult 
question  to  decide  the  origin  of  the  name  x^'^'^ 
fivta  for  another  kind  of  blindman's  buff  (Poll, 
ix.  123;  Eustath.  ad  II.  xxi.  394).  We  are 
told  that  the  players  blindfolded  one  of  their 
number  (roiWf  rii  b^oKfiit  wpoa^iyiayrts), 
who  cried  x<>^^*'  f-v'^n'  tfqpdUrcv,  to  which  the 
others  answered  fhipAff^is  dXA'  ob  X^c4,  and 
struck  him  with  whips  of  papyrus  till  he 
caught  one  of  them.  It  is  clear  that  the 
warning  cry  before  the  pursuit  is  like  the  ^u- 
Adrrou  in  ftirf^o,  and  also  that  the  pursued 
are  the  '*  bronze  flies."  From  Eustatnius  we 
gather  that  the  x'^'^  f-^"^  ^<u  '  ^^  of  bronze- 
coloured  cockchafer,  which  boys  let  go  in  the 
dark  after  they  had  tied  a  small  lighted  wax 
taper  to  it  (compare  the  iKn\oX6p9ii  attached  to 
a  thread,  Poll  ix.  124 ;  and  Schol.  ad  Aristoph. 
Vesp.  1322).  It  is  said  that  the  same,  not  very 
creditable,  amusement  is  known  to  Cretan  boys 
of  the  present  day,  and  Grasberger  (p.  75) 
adopts  this  explanation  of  the  difficult  pas- 
sage in  Aristoph.  Acham,  920-924,  rl^  being 
an  inject  treated  in  this  manner.  It  is  possible 
that  we  may  also  find  in  this  practice  the  ex- 
planation of  the  name  X"^"^  l"**^  ^  ^^^  above 
game,  as  derived  from  the  general  idea  of  chasing 
something  in  the  dark.  (Becq  de  Fouqui^res, 
Jeux  des  Anciens,  p.  84 ;  Grasberger,  Ertnehungj 
pp.  42  ff.)  [Q.  E.  M.I 

MY'BII  (fivplm)^  the  name  given  to  the 
popular  assembly  of  the  Arcadians,  which  was 
established  after  the  overthrow  of  the  Spartan 
supremacy  by  the  battle  of  Leuctra,  and  which 
used  to  meet  at  Megalopolis  in  order  to  deter- 
mine upon  matters  affecting  the  whole  people. 


202 


HYBMILLONES 


MTSTEBIA 


The  name  ^*  Ten  Thousand  *'  indioatea  metely  a 
large  indefinite  number,  and  it  is  probable  that 
eyerj  citizen  of  the  confederate  Arcadian  cities 
(t.e.  all  Arcadia  except  Orchomenus  and  Heraea) 
had  a  right  to  attend.  A  bodj  of  troops  called 
Epariix  were  at  their  disposal,  under  a  Panar- 
caidian  general.  They  received  enyoys,  con- 
cluded war  and  peaoe,  and  held  state  trials  of 
public  offenders.  We  hear  of  Callistratua, 
hemosthenes,  and  Aeschines  arguing  before 
them  (Corn.  Nep.  Epam,  6;  Dem.  de  Fah, 
Leg,  p.  344,  §  11 ;  Aeschin.  de  Fait,  Leg,  §  49). 
Pausanias  tow  the  ruins  of  their  house  of 
assembly.  (Xen.  ffeU,  vi.  5,  §  6 ;  Tii.  1,  §  38 ; 
yii.  4,  §  2 ;— Diod.  xir.  59;  Paus.  yiii.  32,  §  1 ; 
Harpocrat.,  Snid.,  Phot.  «.  v.;  Ghrote,  Mist,  of 
Greece,  x.  p.  318.)  [W.  S.]    [G.  E.  M.] 

MYBMILLOKES.    [Gladiatorbb.] 

MT'SIA  (ftCffta),  a  festival  celebrated  by  the 
inhabitants  of  Pellene  in  Achaia,  in  honour  of 
Bemeter  Mysia.  The  worship  of  this  goddess 
was  introduced  at  Pellene  from  a  place  called 
Mysia  in  the  neighbourhood  of  Argot.  (Pans.  ii. 
18,  §  3.)  The  festival  of  the  Mysia  near  Pellene 
lasted  for  seven  days,  and  the  religious  solem- 
nities took  place  in  a  temple,  called  t^  /ideauVf 
surrounded  by  a  grove.  The  first  two  daysmen 
and  women  took  part  in  the  celebration  together; 
on  the  third  day  the  men  left  the  sanctuary, 
and  the  women  remaining  in  it  performed  during 
the  night  certain  mysterious  rites,  during  which 
not  even  male  dogs  were  allowed  to  remain 
within  the  sacred  precincts.  On  the  fourth 
day  the  men  returned  to  the  temple,  and  men 
and  women  now  received  each  other  with  shouts 
of  laughter  and  assailed  each  other  with  various 
railleries.  (Paus.  vii.  27,  §  9 ;  Comutus,  de  Nat, 
Deor,  2%^     '  [L.  S,] 

MYSTAE,  MTSTAGKyGUB  (ji^aroi,  fiwr^ 
'ray9By6i),    [ElbusINIA.] 

MYSTB'BIA  (jjMrHipta),  Though  the  torm 
liVfrH\put  is  that  which  has  survived,  still  it  was 
only  one  and  that  a  late  one,  and  perhaps  the 
least  common  of  the  terms  used  by  the  Greeks  to 
express  their  mystic  rites.  The  word  6ayta  is 
found  in  the  Homeric  Hymn  to  Demeter,  11.  274, 
476,  derived  from  Mopya  (cf.  Lat.  operarx), 
which  signifies  <'to  perform"  ritual,  and  it 
was  only  in  later  times  that  it  came  to  connote 
ecstatic  worship.  The  term  fUMrHipta  is  derived 
from  fi^eiy,  used  of  closing  the  lips  or  eyes; 
lA^tfT^r,  according  to  Petersen  (in  Ersch  and 
Gruber,  Ixxxii.  228,  note),  means  ''with  eyes 
shut,**  as  opposed  to  Mwrris.  MvaHipta  is 
applied  both  to  the  objects  of  secret  worship 
(Themist.  Or,  iv.  55)  and  also  the  secret  ritual ; 
AWppirra  is  similarly  used.  According  to 
Lobeck  {Aglaopkamtta,  85  K) /jwffrtKhr  is  any- 
thing recondite,  enigmatical,  indirect,  allegorical; 
in  fact,  what  is  purposely  not  simple,  plain,  and 
straightforward.  Again  there  is  the  term 
rcX«r^.  It  is  used  of  an  ordinary  festival  (Pind. 
Jfem.  X.  34) ;  as  applied  to  sacred  worship^  it 
signifies  the  consummation  of  the  votary's 
progress  in  his  religion.  (Cf.  such  phrases  as 
rcAof  ydfioto,  r^Kii  used  for  the  magistrates  of 
the  state,  and  tcAct^  taken  by  the  philosophers 
to  express  complete  knowledge  of  the  subject.) 
**  Ditttius  initiant  quam  consignant,"  says  Ter- 
tuUisn  (coiUra  Valentin.  1),  translating  wAe/oM 
Xp^M>y  tivovat¥  ^  TsAoi/criy:  compare  a^peeyls 
and  TfAfWifi  used  for  baptism  (Lobeok,  38). 


The  Latins  used  tni^ia,  which  signified  am  ideal 
beginning  ('Mnitia  ut  appelUntur  ita  re  vera 
principia  vitae  cognovimua,"  Cic.  de  Leg.  vL  14, 
36), — a  sort  of  new  birth,  as  PreUer  says.  Tim 
then  we  have  terms  signifying  both  the  objcctin 
secret  nature  of  the  ritual  and  the  sobjectire 
condition  of  the  votary. 

1.  The  Kinds  of  ifystfn«s.-»We  can  hardly 
consider  under   the  head  of  mysteries  those 
mystic  usages  which  occur  here  and  there  in 
certain  festivals,  such  as  the  marriage  of  iht 
fiatriKwhs  Bad  fiofflkuraa  at  the  Diostsia;  nor 
the  multitude  of  purifications  and  sin«offenng8 
found  in  most  religions,  all  with  more  or  less  of 
a  mystic  meaning.    Again  the  mystic  wonhi|» 
performed  by  private  families  are  hardly  to  be 
reckoned  either,  and  do  not  come  under  our 
notice  except  in  some  few  cases,  such  as  the 
Orphic  rites  of  the    Lyoomida«  [Eleouku]. 
But  the  mysteries  properly  so  called,  viz.  those 
which  were  recognised  by  the  state  and  reqoired 
a  regular  initiation,  may  be  ^vided  into  (1) 
those   performed  ^  by   a   special   sex,  e.g.  the 
TuESMOPHOBiA,  celebrated  by  women  only,  is 
was  also  the  worship  of  Dionysus  in  Ltoonis 
(Paus.  ii.  20,  3),  of  Cora  in  Megalopolis  (ib.  rm. 
31,  8),  Rhea  in  Thaumasion  (i6. 36,  3),  Dionyni 
on  Parnassus  (ib.  x.  4,  3).    Special  mystic  cere- 
monies for  men  only  are  rarely  found,  sack  as 
that  to  Demeter,  Cora,  and  Dionysus  at  Sicvca 
(ib.  ii.  11,  3).     (2)  Those  open  to  aU  Greeks, 
such    as    the    Eleusinian     and     SamotliraciiB 
mvsteries.    It  is  often  stated  that  the  only  gods 
who  had  a  mystic  worship  were  the  Chthoniu 
ones;    but  this  statement  is   not  quite  troe. 
though  the  Chthonian  gods  are  the  gods  prin- 
cipally worshipped  in  mysteries,  as  might  be 
inferred  even  a  priori  from  their  very  nature. 
But  there  are  some  Olympian  gods  to  whom 
mystic  worship  was  performed,  e.g.  Zeus  Idaea> 
(Eur.  Cretesy  Frag.  2),  a  mixture  of  Phrygian 
Cybele-worship  and  Cretan  or  Thradan  Zagrens- 
worship,  in  honour  of  Zeus,  celebrated  ^oMpiSf 
according  to  Diod.  v.  77,  t.^.  during  the  day»  not 
at  night ;  the  Argive  Hera  (Pans.  ii.  38,  2>  ereo 
the  Graces  (i6.  ix.  35, 3).    For  further  discassion. 
see  Hermann,  Die  GuitesdienstlicKen  Altertkimir, 
§  32,  6.    Foreign  mystic  worships  are  those  of 
Cybele,  which  were  wild  and  enthusiastic,  inth 
flutes,  drums,  and  cymbals  (Herod,  iv.  76):  th« 
trieteric  worship  of  Dionysus  [Dioxrsu];  ^ 
Hecate  at  Aegina  (Paus.  ii.  30,  2)  and  in  the 
Zerynthian    cave    in    Saroothrace   (ScheL  on 
Lycophr.    77).     This   goddess    was   espedallr 
worshipped  in  the  Roman  Empire  just  before  it 
became  Christian ;  during  which  period  too,  snd  | 
indeed  earlier  also,  the  mysteries  of  Isis,  Sabazios, 
and  Mithras  were  much  in  vogue.    For  these  i 
the  reader  must  be  referred  to  the  articles  RHEiy 
Hecate,  Isis,  Sabasius  in  Diet,  of  Mytkolo0' 
There  is  a  good  article  on  MrriutAS  in  the  Did*  \ 
of  Christian  Biography.    A  remarkable  Romsn 
mvstery  confined  to  women  was  that  of  the 
celebrated  Bona  Dea,  which  Cicero  (Att.  n-  h 
26)  calls  Bomana  mysteria.    See  Diet.  ofMy^ 
8.  V.  Bona  Dea. 

As  to  the  generai  character  of  the  gods  of  the 
mysteries,  we  cannot  do  better  than  qnott 
Lenormant  (Contemp.  Jteviewy  xxxvii.  414): 
"Like  all  the  worships  of  antiquitv,  the  Eleo- 
sinian  mysteries  were  founded  on  the  sdorstioa 
of  Nature^  its  fbrees  and  its  fhcnonens,  ooo- 


MY6TEBIA 


HYSTERIA 


203 


amd  Tstlwr  than  obaerred,  interpreted  by  the 
tanfiofttioB  rather  than  by  the  reason,  trans- 
kmA  into  diriae  figures  and  hiitories  by  a  kind 
of  theolofkal  poetry,  which  went  off  into 
ptntbeisn  on  the  one  aide  and  into  anthro- 
pomorphifln  on  the  other.  The  nature  and 
o3Mat«nation  of  their  rites  and  plays  were  con- 
lected  with  predae  beliefs;  which  tended  to 
etface  the  diiUnetion  between  the  divine  per- 
( "in^i  of  the  poetical  and  popular  mythology, 
in  stieh  a  manner  as  to  lead  to  what  has  been 
caiM  /aorudi  HotcpwrUt^  and  to  reduce  these 
t^ds  who  were  ezoterically  indiriduals  to  mere 
^«ral  abstractions.  But  the  form  under  which 
x\mi  beliefs  were  presented  was  such  that, 
anoDg  the  ancients  themselres,  some  hare  been 
al'le  to  find  in  it  a  kind  of  philosophy  of  nature 
or  pktftMogiOy  and  others  bring  out  of  it 
tahemensm  and  with  it  atheism."  So  far  we 
will  go,  emphaainng  the  fact,  that  this  fihyw)- 
hfii  was  of  late  growth  in  the  mysteries ;  but 
BO  ftiTthn'.  HoweTCT,  to  such  students  as  do 
wt  €sri)y  get  diasy*  and  who  may  wish  to  pursue 
tbe  futject  into  its  details,  we  recommend 
iaonnsnt*B  artides  on  Bacckus,  Ceres^  and  the 
C^tit^m  Daremberg  and  Saglio ;  also  chapter  vi. 
tf  bis  Vok  Sacrtey  where  his  Tiews  issue  in  the 
psrtft  pantheism,  which  be  supposes  to  be  the 
<i«ctriiie  taught  by  the  Hierophant  at  Eleusis 
ud  to  be  the  primitive  Aryan  dogma  that  lay 
at  the  base  of  the  mysteries. 

-i.  Ike  Origin  of  the  ifys<me9.---That  they 
w«ie  mostly  old  PeJasgian  worships,  which  were 
driTcn  iota  IIm  background  by  the  conquering 
nees,  aad  aooordingly  carried  on  as  mysteries, 
M  a  fcry  reasonnble  view,  and  is  supported  by 
vbtt  Herodotus  says  of  the  Thesmophoria  (ii. 
171)  and  the  Cabiri  (it  51).  By  the  Pelasgians 
«•  mean  what  Curtius  means  (fiiH.  of  Greece,  i. 
3^  i£),  m.  the  first  great  body  of  emigrants 
vtttvard  from  among  the  Phrygians,  that  tribe 
vkich  fonna  the  link  by  which  the  Aryans  of 
tbe  West  were  connected  with  the  Asiatics 
Proper.  They  are  the  primitive  indigenous  race 
if  HeUas,  ^the  dark  background  of  history, 
duidrea  of  the  black  earth  (as  the  poets  called 
Peissgos),  who  amidst  all  the  changes  of  the 
Idling  generations  calmly  dave  to  the  soil, 
l««iing  their  life  unobserved  under  unchanging 
^"aditknia,  as  husbandmen  and  herdsmen."  'Hiey 
Woogkt  with  them  their  Phrygian  forms  of 
*«nbip,  as  they  passed  through  Thrace  Into 
H«llak  Curtius  (jb.  p.  52)  represents  their 
nligioo  to  have  been  of  the  purest  and  noblest 
tTpe--the  worship  of  the  Pelasgian  Zeus  npon 
ti)«  mountain-tops,  a  god  without  images  or 
^loples,  a  god  unnamed  except  as  the  pure,  the 
V*»t,  the  merdful,  &o. — and  that  Greek  poly- 
t^im  was  a  development  in  decadence  as  far  as 
spiritaality  went.  When  the  fasdnation  of 
tvtiQs's  eloquence  is  passed,  we  are  unable  to 
fed  that  the  religion  which  the  Pelasgians 
kToaght  (rem  Phrygia  was  much  better  than  that 
«f  «rdioaiy  savages.  Hr.  Andrew  Lang  {Myth^ 
^»^aiid  Jldi^(m,  i.  282  ff.)  mentions  several 
^^^  in  whidi  ike  Greek  mysteries  are  in 
^^meny  with  Australian,  American,  and  AfHcan 
Fictioe :    the  mystic   dances  (cf.  roht  i^ttyo- 

MsiTBt  rk  ft»9r4ipm  i^opxtiffBat  \4yowi»  ol 

*«^As<,  Ladan,  de  SaH.  15),  the  fastings,  the 
*"^^onte  and  anxious  purifications ;  the  use  of 

^  fmm  described  by  Lobeck  <p.  700)   as 


^XdfHor  ot  ^I^VTcu  rh  airaprtop  aol  iy  reus 
TcXeratf  iHoptiro  Iva  ^oi(fy  similar  to  the 
tumdun  of  the  Australians,  to  call  the  votaries 
together ;  the  plastering  of  initiates  with  clay 
or  dirt  of  some  kind  and  washing  it  off  to 
symbolise  purification  (cf.  Dem.  de  Cor.  313, 
§  259,  and  Soph.  Frag.  32,  arparov  xaBapr^s 
Kiaro/iaryfiiruv  l^pis),  and  the  purifications  by 
blood  of  swine  mentioned  in  Aesch.  Eum.  273 
— an  undoubted  savage  custom,  though  not 
immediately  connected  with  the  mysteries — the 
nst  of  serpents  in  the  mysteries  (Dem.  /.  c),  and 
so  forth.  Mr.  Lang  goes  on  to  repeat  again  and 
again  in  his  gentle  vein  of  satire  how  easy  it  i» 
to  think  anything  as  a  symbol  of  anything,  and 
wonders  why  the  allegory  should  choose  the 
practices  of  early  savage  tribes.  Kor  is  it  any 
disgrace  to  the  Greek  race  to  allow  this;  rather 
that  the  list  of  savage  survivals  is  not  many 
times  as  large  and  very  much  more  apparent. 
Most  of  the  savage  elements  disappeared  soon, 
and  what  remained  became  blended  with  purer 
and  later  speculations. 

This  old  religion  was  thrust  into  the  back- 
ground by  the  conquering  tribes,  the  gods  of 
the  latter  becoming  predominant  and  the  state- 
gods  of  the  nation,  while  the  old  religion  for  the 
most  part  gradually  disappeared.  But  by  some 
families  and  tribes  its  ritual  was  in  a  large 
measure  retained,  and  they  probably  formed 
themselves  into  brotherhoods,  like  those  of  the 
Roman  Church,  and  preserved  their  rites  doubt- 
less with  great  strictness.  Surely  they  w^re 
sodalities  or  confraternities  that  lived  the 
"Orphic  life."  Now,  the  Greeks  never  perse- 
cuted doctrine,  unless  indeed  any  doctrine  was 
much  blazed  abroad  and  seemed  likely  to  involve 
danger  to  the  state-worship;  and  no  danger 
seemed  to  arise  from  the  remnants  of  this 
primitive  worship.  Indeed,  they  were  some- 
times adopted  into  the  state-religion  on  occasions 
of  religious  terror,  when  a  feeling  of  sin  and 
need  for  purification  laid  hold  of  the  people. 
Thus  it  was  that  the  mysteries  of  Eleusis  and 
Samothrace  were  adopted.  The  gradual  develop- 
ment of  the  Eleusinian  worship  (that  mystic 
ritual  with  which  we  are  best  acquaintedX 
from  its  original  Phrygian-Pelasgian  beginnings 
to  its  adoption  into  the  Athenian  religion,  we 
have  attempted  to  sketch  in  outline  in  £leu- 
SINIA,  §  1. 

3.  Silence  enjoined  on  the  7otan0s.'->This  is 
an  important  feature  in  the  mysteries;  the 
votaries  could  not  divulge  the  mysteries  to  non- 
initiates.  Its  original  reason  doubtless  lies  in 
the  separatism  of  early  worships,  a  fear  lest  any 
outsider  should  learn  how  to  get  the  favour  of 
the  god;  and  the  reason  why  it  was  retained 
in  later  and  more  enlightened  periods  was  to 
enhance  the  solemnity  of  the  ritual.  Strabo 
says  X.  717,  ^  jcp^if  j|  fuftrriidi  rw  Up&v  o'Cfi- 
yowoce?  rb  delor  fufiovfiipn  r^y  ^lOtriP  ahrov 
in^^yowrav  rV  tio^inp,  '*  Every  expression," 
says  Renan  (Mudes  d'ffistoire  religieuse,  70), 
^  is  a  limit,  and  the  only  language  not  unworthy 
of  things  divine  is  silence."  It  prevented  fami- 
liarity breeding  contempt,  aa  in  the  ordinary 
religion.  Chrysipptis,  Etym.  Mag.  751,  thinks 
it  was  intended  for  an  ethical  purpose,  viz.  to 
teach  the  government  of  the  tongue,  rijs  i^vxtis 
ix^i^^*  «pfMi  Kol  irphs  robs  iifivfirovs  cunrw 
1  hwifi4tfiiis. 


204 


MYSTEBIA 


4.  27te  Ceremony, — Whaterer  is  to  be  said 
speciallj  about  the  initiated,  the  priests,  and 
the  ceremonj,  we  have  endeavoured  to  set  forth 
in  the  particular  articles,  especially  Eleusinia. 
There  will  be  found  some  description  of  the 
^'  mystic  drama,"  such  as  it  was  in  later  times 
when  it  was  part  of  the  state-religion  and  full 
of  foreign  accretions.  It  was  of  a  splendid, 
solemn,  vague  nature,  such  as  fettered  the 
imagination  of  the  votary ;  and,  if  it  only  put 
the  worshipper  in  a  certain  state  and  did  not 
teach  anything  (robs  rcrfXc^|A^yoi/f  ou  itaBuv  ri 
Sciv  kKXk  irodcci'  ttal  diarc^yoi,  as  Aristotle 
says,  op.  Synes.  Orat.  p.  48),  yet  it  made  a 
jnau  here  and  there  think  of  things  spiritual 
and  proceed  on  the  task  of  working  out  his  own 
salvation.  To  such  a  man  further  progress  was 
possible  and  a  higher  and  deeper  knowledge 
open,  imparted  by  gradual  stages,  after  due  time 
being  given  to  allow  the  awakened  thought  and 
imparted  knowledge  to  germinate  and  fructify. 
All  this  is  very  Eastern,  but  it  is  none  the  less 
very  rational.  **  Among  the  peasants  who  attend 
a  midnight  mass,  how  many  are  there  who 
think  of  the  mystery  of  the  Incarnation?" 
asks  M.  Renan  (pp.  ct't.,  p.  56).  Yet,  if  a  man 
here  and  there  does  think  about  it,  he  can 
iearn  more  about  it  from  his  teachers.  But  to 
the  majority  of  the  worshippers  (and  everyone 
who  spoke  the  Greek  language  and  was  not 
stained  with  gross  crime  was  welcome,  no 
previous  Kwriix^ff*^  being  required)  the  im- 
pression of  the  whole,  not  the  perception  of  each 
particular,  was  the  important  part.  We  may 
allow  that  the  whole  drama  of  Eleusis  would 
appear  a  miserable  travesty  to  us,  even  its  ^  fire- 
works" (Lobeck,  p.  107);  but  we  answer  in 
the  bold  words  of  Benan,  ^^  You  are  not  to  ask 
for  reaecm  from  the  religious  feeling.  The  spirit 
bloweth  where  it  listeth ;  and  if  it  chooses  to 
attach  the  ideal  to  this  or  to  that,  what  have 
jrou  to  say  ? " 

But  was  there  any  reality  at  the  back  of  it 
all,  any  doctrine  like  the  Incarnation,  symbolised 
by  the  midnight  ceremonies?  There  certainly 
was  in  later  times.  The  reality  which  the 
j)riests  then  appear  to  have  taught  was  some  kind 
uf  system  of  cosmogony :  cf.  Cic.  de  Nat.  Deorum, 
i.  42,  119  (of  the  Samothracian  mysteries), 
''quibus  ezpiicatis  ad  rationemque  revocatis 
rerum  magis  natura  cognoscitur  quam  deorum;" 
Clem.  Alex.  Stromat,  v.  689,  rk  8i  fi.4yaX.et 
[juftrr^pia]  wcpl  rwy  avfiwdrrwy  ob  fuiy9daftt¥  Iri 
droXclirtTai,  iwowre^tp  S)  kcU  it^pufoup  r^  re 
(P^auf  Kol  rk  -wpdyftara.  But  the  true  value  of 
the  mysteries  did  not  lie  here,  in  this  kind  of 
dogmatic  teaching,  but  in  the  moral  improve- 
ment apparent  in  the  votaries  (Diod.  v.  48),  in 
the  comfort  they  gave  in  the  present  life  and 
the  glad  hopes  for  the  world  to  come  (Isocr. 
Panegyr.  §  28). 

5.  Monothei$m  and  Immortality. — ^It  is  gene- 
rally supposed  that  the  mysteries  were  the 
fountain  from  which  Greek  philosophy  derived 
the  two  great  ideas  of  monotheism  and  immor- 
tality. The  mystic  school  of  theological  teaching 
is  the  Orphic ;  to  it  we  must  look  for  these  ideas. 
Now,  as  regards  monTtheismy  we  have  attempted 
to  show  in  Orphica  that  the  passages  which 
refer  to  monotheism  in  the  Jewish  or  Christian 
sense  date  from  Alexandrine  times,  and  in  the 
pantheistic  sense  are  hardly  much  earlier :  even 


MYSTEfilA 

the  celebrated  Zc2»t  Jce^oX^,  Z^bs  fidtm,  Lihs  V 
iK  wdma  riruterat,  supposed  to  be  alluded  to  b? 
Plato  {Legg.  iv.  715  E).  as  Zeller  iPhilosophit 
der  Oriecheny  i.  53  =  i.  65  Eag.  trans.)  shows, 
does  not  imply  more  than  Homer's  line  that 
Zeus  is  the  father  of  gods  and  men,  or  Ter* 
pander's  (650  B.a)  address,  Z«u  wd^mw  &^A 
wdtfTwy  kyhrvp.  The  Greeks  with  their  personi- 
fying  of  everything  in  nature  came  to  have  a 
feeling  of  the  Divine  pervading  all  nature,— 
'*  one  and  the  same  Nature-power,"  as  Petersen 
puts  it.  ''This  unity  of  the  Divine  element 
which  polytheism  presupposes  was  made  concrete 
in  Zeus  as  king  of  the  gods ;  and  so  far  all  thst 
exists  and  all  that  happens  is  ultimately  referred 
to  Zeus,  but  it  does  not  implv  that  Zeus  is  the 
ideal  complex  {Inbegriff)  of  all  things  "  (Zeller, 
/.  c).  Zeller  goes  on  to  contrast  Uie  polemic 
of  Xenophanes  against  polytheism,  with  the 
syncretism  of  the  Stoics  -and  Alexandrines, 
showing  how  the  Greeks  arrived  at  the  idea  of 
the  Divine  unity  less  by  way  of  syncretism  thin 
of  criticism.  But  if  the  idea  of  monotheism  was 
naturally  developed  into  a  distinct  form  by 
Greek  thought,  and  that  only  in  comparatiTely 
late  times,  it  was  thereafter  adopted  into  the 
mysteries,  and  especially  some  of  the  Orphic  ones, 
and  doubtless  taught  in  them  to  those  who  had 
gone  through  the  various  stages  and  shown 
themselves  naturally  fitted  to  receive  and  under* 
stand  it. 

As  to  immortality f  the  case  is  different.  Mr. 
Tylor  has  shown  that  the  doctrine  of  Trans- 
migration was  universal  among  savage  and  bar* 
barian  races  {Primitive  CtUture,  ii.  tmt.).  This 
doctrine  the  Aryans  probably  brought  with  them 
into  Europe.  Herodotus  thinks  it  came  from 
Egypt  (ii.  123);  but  when  we  find  similar 
notions  among  the  Indians  from  the  earliest 
times  even  to  the  present  day,  and  among  the 
ancient  Druids  in  Gaul  (Caes,  B.  G.  vi  U; 
Diod.  V.  28 ;  Amm.  Marc.  xv.  9  fin,\  we  may 
infer  that  it  was  an  original  idea  of  the  Aryan 
race,  which  gradually  developed  into  the  purer 
doctrine  of  what  we  call  a  Future  Life ;  we  find 
a  strange  example  of  this  latter  doctrine  among 
the  Thracians  (Herod,  iv.  94,  95).  For  the 
further  discussion  of  immortality  in  the  Orphic 
doctrine,  see  Orphica. 

6.  The  modem  Critice  of  the  Myderies.— 
Psssing  over  such  treatises  as  Warburton,  On  the 
divine  Legation  of  Ifoaet  (ii.  133-234),  sod 
Sainte-Croix,  Secherches  wr  Us  Mysteret  du 
Paganisme  (1784),  the  first  really  great  work 
on  the  mysteries  was  that  by  Creuzer,  Symbolik 
und  Mythologie  der  alien  Vdlker^  18I0-I812, 
written  by  a  genuinely  religions  Doctor  in 
Theolosy  of  the  Roman  Church.  The  title  is 
certainly  not  a  misnomer,  for  he  finds  symbolism 
everywhere.  He  is  in  fact  too  symbolical.  He 
does  not  distinguish  the  ideas  of  different  epochs, 
does  not  weigh  evidence  nor  take  sufficient 
thought  of  development  in  religious  ideas.  After 
him  followed  J.  H.  Yoss,  a  zealons  Protestant, 
who  attacked  Creuzer  with  unpardonable  rin- 
lence  and  little  success,  especially  in  his  Anti' 
Symbolik  (1824).  Abuse  of  priests  occapies  a 
large  portion  of  the  work.  In  1829  Lobeck's 
great  work,  Aglaophamus^  was  published  with 
the  view  of  crushing  the  symbolical  school  Its 
learning  is  portentous,  its  satire  grim  and  savage. 
But  with  all  his  great  gifts  Lobeck  had  one  thing 


MTSTILE 

vuting,  tb«  WDse  of  things  religioiu.  Every- 
niof  is  judged  from  the  level  of  the  intellect, 
M  religion  it  of  another  order.  The  whole  hook 
4>n  the  character  of  a  violent  reaction,  and  so 
:ir  if  neceisarilj  unfair  ;  and  Loheck  sometimes 
<^iiit«  forgets  himself,  as  for  example  when  he 
fits  (p.  1 19)  that  the  spectacles  at  Elensis  were 
s^  with  the  eres  of  the  mind,  not  with  those 
9f  the  bodj.  K.  O.  Mnller  (art.  Eleutinia  in 
inch  and  Gruber),  and  after  him  Preller 
(Demtiir  md  Feraepfumej  1837 ;  art.  Hysteria 
13  PaoljX  nuke  accnrate  distinctions  of  times, 
phca,  uid  races.  They  allow  a  mystic  character 
to  the  worship  of  the  Pelasgi,  who  adored  Nature 
regarded  as  living  and  divine,  especially  in  their 
worship  of  the  Chthonian  divinities,  the  natn- 
nlism  of  the  Pelasgi  being  contrasted  with  the 
uthropomorphism  of  the  Hellenes,  as  exemplified 
b  the  Homeric  Age ;  but  hold  that,  when  this 
virrior  age  passed  away  at  the  time  of  Solon, 
tbere  was  a  reaction  in  favour  of  the  ancient 
cuita.  Fran9ois  Lenormant,  in  his  Vote  8acr€e 
fU^itmttae  (1864)  and  in  the  articles  in  Darem- 
b«fg  and  Saglio  mentioned  above,  is  a  strong 
^rmboliit;  cf.  also  his  articles  in  the  Con^ 
P-m:pvary  Review  for  May,  July,  September 
1^1.  Other  works  to  be  consnlted  with  advan- 
Uje  srt  Hermann,  Die  OoUeadiensUichen  Alter' 
tkimer,  J§  32, 35 ;  Maury,  Htstoire  des  BeligioM 
^  la  Grioe  antique,  ii.  chap.  xi. ;  Renan.  Lee 
SeHgiow  de  FAntiquitS;  No.  1  of  his  Etudes 
iBigkirt  religieuae  ;  Ramsay,  s.  v.  Mysteries,  in 
tbe  Encyclopaedia  Britannica,  [L.  C.  P.] 

MYBTI'LB  (jivcrlKn).       [Cena,    Vol.    1. 

HYBTRUH  (jiiferpor),  a  spoon  (cf.  /xu<rr/Xi}), 
a  Greek  liquid  measure,  strictly  a  spoonfid, 
^f  which  there  were  two  sizes,  called  the 
•v?e  and  small  mystmm,  and  these  again  also  of 
^ou  dimensions.  The  small,  which  was  the 
a»re  common  of  the  two,  was  ^  of  the  cotyla, 
^  i  of  the  cyatbus,  and  therefore  contained 
^t  1.50th  of  an  English  pint.  [CrATHua] 
(Galen,  Frag,  c  15.)  Galen  adds  that  the 
oniler  mystrnm  contained  2\  drachms,  that 
^  larger  was  ^  of  the  cotyla,  and  contained 
^  drachms ;  but  that  the  most  exact  mystrnm 
(r^  Sim^aror  ii^orpov)  held  8  scruples,  that 
^  2|  drachms.  According  to  this,  the  small 
Qntmm  would  be  }  of  the  larger.  But  in  the 
l^th  chapter  of  the  same  fragment  he  makes 
^e  large  mystrnm =)  of  the  cotyla,  and  the 
^1  mystrnm  )  of  the  large.  In  c.  4  he  makes 
^«  Urge  mystrnm =3  oxybapha,  and  the  small 
=!(•  Cleopatra  makes  the  large =<^  of  the 
«<rl«,  the  smalls^.  (Hultsch,  Metrologie, 
^«6C)  "  ^        [pI.] 


NAS8ITERNA 


205 


N. 

KABUL    \Ltba,  p.  106  &.] 

HAETOA.    [FU1IU8.J 

KANI,  dwarfs,  kept  as  an  amusement  in  rich 
^^Btta  houses.  According  to  GeUiua,  xvi.  7, 
i;x.  13,  the  word  nanus  was  an  introduction  of 
^'ibcrias,  and  the  older  word  for  dwarf  was 
fvnUo ;  both  words  afterwards  existed  together 


and  in  the  same  writers.  The  fashion  of  keep- 
ing dwarfs  may  have  come  from  Syria  and 
Egypt  (cf.  Stat.  Silv.  v.  5,  66)  ;  for  they  do  not 
seem  to  have  been  a  feature  in  households  of 
Greece  proper  before  the  Roman  conquest  (cf. 
Plut.  de  Curios.  10,  iv  'Vi&in^  rtMh . . .),  or  it 
may  have  started  in  Italy :  they  are  mentioned 
as  kept  at  Sybaris  (Athen.  xii.  p.  518  e),  where 
they  were  called  ffttwtteuoi  and  ariKwwv^s,  It  is 
probable  that  the  former  name  is  not,  as  LiddelL 
and  Scott  say,  from  o-kc^wtcv,  but  rather  from 
VK^j  because  of  the  misshapen  head  and  short 
neck,  and  the  latter  name  from  their  baldness,, 
since  their  heads  were  shaven  (see  Lucian,  Conviv, 
18,  and  Mayor's  note  on  Juv.  v.  171).  As  ta 
their  appearance  in  later  Greek  banquets,  see 
Lucian,  /.  c.  At  Rome  great  ladies  especially 
delighted  in  them,  as  Livia  (Dio  Cass,  xlviii. 
44),  Seneca's  wife  (Sen.  Ep.  50) ;  and  the  pre' 
valence  of  the  fashion  at  Rome  is  marked  by 
Suetonius,  when  he  mentions  particularly 
{Aug,  83)  that  Augustus  did  not  care  for  them. 

There  is  no  clear  distinction  between  nanus  or 
pumUio  or  pwmilus,  "the  dwarf,"  and  mono 
(ytktrrovogSs),  ''the  jester,"  since  the  jestera 
seem  to  have  been  selected  for  their  absurd 
appearance  as  well  as  for  that  power,  often 
found  in  the  half-witted,  of  making  comical 
remarks,  for  which  the  mediaeval  jesters  were 
in  demand.  So  the  morio  in  Mart.  vi.  39  is 
''acuto  capite  et  auribus  longis;"  and  in  xiv. 
212,  "si  solum  spectes  hominis  caput,  Hectora 
credas,  si  stantem  videas  Astyanacta  putes.'* 
The  nanus  at  Tiberius's  banquet  is  a  privileged 
jester  (Suet.  Tib.  61;  cf.  Dom.  4):  that  they 
were  half-witted  if  not  absolute  cretins  is  showtt 
by  Mart.  viii.  13,  which  passage  also  gives  a 
notion  of  their  price,  **  morio  dictus  erat,  viginti 
milibus  emi :  redde  mihi  numos,  GargiUane, 
sapit."  Misshapen  limbs  as  well  as  small 
stature  added  to  their  price  (Plut.  /.  c. ;  Quintil. 
Inst.  ii.  5,  11;  Decl.  298) ;  and  the  most  revolt- 
ing part  of  the  fiishion  was  that  the  deformity 
was  sometimes  caused  by  artificial  means,  the 
children  being  kept  in  a  case  or  frame  (yKwT" 
rSKOfAoy)  which  would  stunt  and  distort  their 
growth  (Longin.  de  Sublim.  44,  5).  The  Romans 
kept  female  as  well  as  male  dwarfs  and  jesters 
(nanae,  fatuae,  Lamprid.  Alex.  Sev,  34;  Sen. 
Ep.  50).  For  more  authorities,  see  Becker- 
Gdll,  GalluSj  ii.  148  ff. ;  Marquardt,  PrivatUben, 
152 ;  Mayor  on  Juv.  viii.  32.  [G.  £.  M.] 

NA08.     rTEMPLUM.] 

NASSITEBNA  was  some  sort  of  vessel  for 
carrying  water.  From  the  description  in  Festua 
(s.  v.),  that  it  is  wide  (patens'),  with  a  handle 
(ansata%  and  is  a  vessel  "quo  equi  perfundi 
Solent,"  we  may  imagine  something  like  a  stable 
bucket  or  pail,  especially  as  no  spout  is  men- 
tioned. Vessels  of  this  shape  are  figured  by 
Guhl  and  Koner  (448)  as  kitchen  utensils.  In 
Plant.  Stick,  ii.  2,  28,  the  nassitema  is  used  like 
a  housemaid's  pail.  There  seems  no  good  reason 
for  saying,  with  Rich,  that  the  first  part  of  the 
word  implies  a  vessel  with  a  spout:  still  less 
can  we  argue  from  the  end  of  the  word  that  it 
had  three  spouts.  The  first  syllable  (nass.  in 
Festus ;  nasc.  in  the  MSS.  of  Plautus,  but  cor- 
rected by  Ritschl  to  nass.)  is  f^m  the  root  of 
words  meaning  **  to  flow  "  {vdv,  va/ia,  yairfi6Sf 
&c. ;  German  nass  ?),  and  has  nothing  to  do 
with  nastu,  though  that  word  very  likely  comet 


206     NATALIBUS  RESTITUTIO 


NAVAB0HU8 


from  the  fame  root:  the  termination  may  be 
compared  with  latUema^  he$tema.      Its  ety- 
mology therefore  merely  proves  that  it  is  some- 
thing Vrom  which  water  is  poured.    [O.  E.  M.] 
NATAlilBUS  RESTITUTIO.  [iNOBirui.] 
NATALI'Cn  LUDL    [Ludi,  p.  85  a.] 
NATA'HO,  NATATO'RIUM.  [Balneab, 
VoL  L  p.  275  6.1 

NATIJ'RA,      NATURA'LIS      RATIO. 
[Jus.] 
NAVAliES  DUO  VIRL    [Duo  Vim.] 
NAVAXES  SO'On.    [Exercitus,  Vol.  I. 
p.  786;  Socn.] 

NAVA'LIA  were  dry  docks  where  ships 
were  bniltf  or  drawn  np  (subduct4u}  to  be  re- 
paired or  laid  up  till  they  were  again  needed. 
Those  at  Borne  were  opposite  the  Prata  Quinctia 
in  the  upper  bend  of  the  Tiber  (Liv.  ;ii.  26, 
viiL  15;  Bum,  Borne  and  Coanpagnoy  p.  51), 
and  so  described  as  abore  the  Aventine  (Plut. 
Cat,  Mm,  39).  In  Lir.  xW.  42  we  are  told  of 
navaiia  in  the  Campus  Martius,  where  the  ships 
taken  from  Perseus  were  laid  up.  The  use  of 
these  Roman  naralia  for  large  ships  was  gene- 
rally lessened  imder  the  Empire  when  the 
mouth  of  the  Tiber  was  much  more  silted  up, 
and  Puteoli  became  the  harbour  where  vessels 
trading  to  Rome  discharged  their  cargo  and 
were  docked :  others,  however,  still  ran  up  to 
Rome  after  they  had  been  lightened  by  dis- 
charging part  of  their  cargo  at  Ostia,  to  be 
taken  up  in  smaller  boats  (navet  oodicarkuf). 
(Strabo,  v.  p.  231 ;  Sen.  de  hrev.  Vit.  13 ;  cf. 
Marqnajtlt,  Privatleben,  p.  408.)  The  docks 
{ye^<roiicoi  or  vt^pta:  see  below)  at  Piraeus  were 
constructed  by  Pericles  (Pausan.  i.  29, 16)  at  a 
cost  of  1000  talents,  according  to  Isocrates 
(^Areqpag.  §  66),  and,  having  ^en  destroyed 
after  the  Peloponuesian  War,  were  restored 
in  the  administration  of  Lycurgus.  For  their 
management,  see  Epixeletae  (6),  Vol.  1. 
p.  749  6.  As  to  the  distinction  between  yc(6- 
0-oMcoi  and  vt^ptoj  Arnold  rightly  points  out  in 
his  note  on  Thuc.  vii.  25  that  reti^ia  are 
strictly  the  dockyards,  ytwroucoi  the  large 
covered  sheds  for  the  reception  of  ships  laid  up, 
on  the  roofs  of  which  the  Syracusans  stand  (cf. 
Demosth.  de  8ymm,  p.  184,  §  26).  But  there  can 
be  no  doubt  that  in  Thuc.  i.  108,  when  Tol- 
mides  bums  t^  pe^pior  at  Gytheum,  we  are  to 
understand  especially  the  yccicroiicot,  and  con- 
versely Isocrates  (/.  c.)  uses  PtAffQucoi  for  dock- 
yard, sheds  and  all.  [W.  S.]  [G.  E.  M.] 
NAVAXIS  OORO'NA.  [Oobona,  Vol.  I. 
p.  548  6.] 

KAVAROHUS  (va^apxot)  was  a  naval 
commander  whose  rank  varied  in  diffennt 
states.  It  cannot,  for  instance,  be  correctly 
used  as  equivalent  to  our  admiral  in  speaking 
of  the  Athenian  fleet,  though  it  is  rightly  so 
used  by  historians  speaking  of  other  states  of 
Greece  or  of  the  Persian  fleet.  As  an  official 
title  in  Greece,  it  belongs  particularly  to  the 
Spartan  head  of  naval  affairs.  How  early  this 
office  (yavapxia)  existed  at  Sparta  (as  distinct 
from  the  mere  admiral  of  a  fleet  in  commission) 
is  not  quite  certain.  In  Herod,  vii.  42  Eury- 
biades  bears  the  title,  but  it  means  no  more 
than  that  he  commanded  the  fleet  there  men- 
tioned. It  is  probable  that  the  office  did  not 
begin  until  Sparta  had  greater  naval  operaticAis 
than  in  the  Persian  War.     Her  naval  force  at 


Artemisium  consisted  of  only  10  ships,  at 
Salamis  of  16.  But  something  more  like  aa 
admiralty  was  needed  when  the  new  phase  of 
the  Pcloponnesian  War,  after  the  campaigns  st 
Syracuse,  extended  the  sphere  of  Spartan  aaral 
enterprise.  The  expression  in  Thuc.  viii.  20 
regarding  Astyochus,  fw^p  iyfyrero  1^  vaffa  if 
poxfopxifh  perhaps  indicates,  by  the  use  of  the 
imperfect  tense,  that  the  office  grew  out  of  cir- 
cumstances at  that  time.  Henceforth  the  Spar- 
tan army  and  navy  were  rarely  (as  happened  in 
the  case  of  Agesilaus)  subordinated  to  the  same 
commander.  Hence  Aristotle  (^Pol.  ii.  9,  33) 
finds  fault  with  the  youopx^''  *^  ^  c^n&e  of 
disunion, "  being  a  sort  of  second  kingship  set  np 
as  a  counterpoise  to  the  kings,  who  are  generais 
for  life."  The  Spartan  navarchus  had  the  su- 
preme direction  of  all  naval  affairs,  whether  ho 
was  actually  commanding  in  the  fleet  at  sea  or 
not,  and  had  under  him  an  4inoro\€^s,.  Then 
seems  no  ground  for  Schdmann's  statement  that 
the  yo^apxor  had  4ittfi4rai  ''to  advise  him." 
No  such  meaning  can  be  given  to  Thuc  viii.  bl. 
The  marines  of  the  fleet  were  taken  from  the 
Perioeci ;  the  rowers  were  Helots  or  ^4pou  Some 
limitation  of  this  power  of  the  navarchns,  of 
which  Aristotle  complains,  seems  to  be  intended 
by  the  rule  that  no  one  could  hold  the  ofiire 
more  than  once  (probably  for  a  year) ;  bat  this 
could  practically  be  evaded  by  appointing  the 
ex-navarchus  as  epistoleus  With  power  only 
nominally  subordinate  (cf.  Xen.  ffelL  i.  2,  23 ; 
ii.  1,  7;  iv.  8,  11 ;  v.  1,  5). 

At  Athens  the  word  waio^os  was  applied  as 
an  official  title  only  to  the  commanders  of  the 
sacred  triremes  [Theobib],  the  naval  adminis- 
tration and  command  of  fleets  being  under  tiie 
^rategi  [STRa.TfiGi]. 

At  Rome  the  title  navarchus  is  not  used  of 
supreme  naval  command  or  naval  administra- 
tion [for  which  see   Duo  ViEi   Na.vale8  and 
p£AEFECTUS  Classis].     The  navarchus  wss  the 
captain  of  a  ship.     So  £sr    as  the  distinctioo 
between  navarchus  and  trierarchus  in  the  Roman 
fleet  can  be  made  out,  it  appears  that  the  title 
trierarchus  was  applied  strictly  to  the  csptainx 
of  triremes,  the  title  navarchus  to  the  captains 
of  ships  with  more  banks  of  oars,  quadriremes, 
quinqueremes,  &c  (C.  /.  L.  x.  3361 ;  Tac.  ffist. 
ii.  16);  but  it  is  not  unlikely  that  thf  distinc- 
tion was  loosely  kept,  or  at  any  rate  that 
the  title  navarchus    might  be  applied  to  the 
captain  of  any  sort  of  ship  (cf.  Veget.  ir.  32, 
43).      The  libumae  being  ships   with  various 
numbers  of  banks  were  sometimes  under  nsrar- 
chi,  sometimes  under  trierarchi,  as  may  be  a«es 
from  the    passages  cited  above.      Harqusrdt 
(Staattvencaltung,    ii.   512)  cites   Polybios  as 
using   raiapxos  in  i.    53  and  54   for  an  ad- 
miral, and  i.  21  for  a  captain  of  a  ship;  hat 
it  should  be  observed  that  in  the  former  case  he 
is  speaking  of  the  Carthaginians,  in  the  latter 
of  the  Romans.    When  livy  (xlv.  25)  ipesks 
of  the  admiral  of  Rhodes  (called  vaiapx'^  ^ 
Polyb.  xvii.  1),  he  calls  him  praefecbu  dassis; 
and  though  it  would  be  too  much  to  assert  that 
a  Greek  historian  might  not  conversely  translate 
praefectus  clauit  by  wwbopx^  (^^^  commoner 
equivalent   is    Urapx^s    4rr6kmf%  that   ii  ^ 
argument  as  to  the  significance  o£  nsvarchos  m 
the  Roman  fleet.    For  correct  expression  it  '^ 
sufficient  to  compare  Hiv\tos  d  rmv  'fmpei^ 


NAUCBABIA 


KAUCBABIA 


207 


irpgrfj/it  (PolyK  i.  50)  with  6  r&v  Kapx^8oW»y 
mtffjp'  (Po]yb.  i.  53).  It  is  true  that  the  nsTar- 
'iu  ia  Cic  Verr,  t.  24,  60  seems  to  command 
1  dMt,  bat  this  is  explained  bj  the  fact  that  he 
T^  tke  admiral  of  a  Siciliot  town  whose  ad- 
Dial  would  rightly  be  called  waitapxoSj  ftnd 
•.'kiff  does  not  translate  the  title  into  its 
I  til  equTslent.  The  word  has  probably  the 
SUM  meaning  in  Verr,  t.  32,  84.  It  is  neces* 
iUT,  bowerer,  also  to  notice  the  title  naoarchut 
I'^Kxpf  (C  /.  L.  X.  3440,  3448,  8215),  who 
I'm  to  be  the  commander  of  a  part  of  the 
t«et  or  of  a  Bqnadron  of  ships  detached  from  the 
ciiis  d«et,    and    is  taken  by  Hommsen  as:= 

rii^^miff  (C.  /.  X.  X.  3349);  with  which 
eompsic  Diod.  xx.  50,  4.      [L.  S.]    [G.  £.  M.] 

XAUCBA'BIA  (fflivKpapfa),  a  subdivision  of 
t^c  inhabitants  of  Attica  in  early  times,  for 
forposes  of  taxation  as  applied  to  military 
^-icipOMot. 

The  iiutitntion  of  powiyaf^ai  and  ra^cpapol 
tn  been  for  a  long  time  a  mnch*debated  point : 
"t  SchoL  in  Arutoph.  N}A.  37,  ol  wp^rtpov 
mp9f9t  efrt  fob  2o\awos  KoreurraBipTn  itrt 
CA  wpirtpov.  That  their  establishment  was 
<ltie  to  Solon  is  the  riew  of  Gilbert  {Jahrb.  Class. 
Fkil.  csL  1875,  p.  9  ff.)  and  of  Stein  (on  Herod. 
T.  71).  We  hare  the  testimony  of  a  fragment 
•t  Ariitotle  to  this  effect ;   see  Photius,  s.  v. 

vwis  cal  puOitpt^f  •  pmmpapUi  fUr  dwot6v  n  4i 
nfutapim  mI  6  in/ufSj  pmAttpnpos  8^  ^oUw  ti  4 
hi»fx*h  l4AspMt  oUrms  6vQi»i/rtunos,  its  koI 
'Kftnvrikttt  ^ti^i  •  ffcd  i»  rott  i^/uMf  Xtfyei,  ddr 
*tt  9nmp9pUa  ift^fffi/^Tf  Ktd  ro^  wawcpipmn 
"ovT  ntk  mfKpmptttP'  tirwpow  M  itwh  KAsicff^- 
MiFt  ^;Mf  eitrir  col  H/'gyxo*  ^cX^<ray  *  die  rjf t 
'ViVTvrAsiPf  woXfTc^  fty  rp^rop  8i^a|c  tV 
f«Aiir  4  SdXinr  •  ^Aal  9^  ^ffor  ri^ffap^s  KdBar^p 
v^^ri^  nU  ^uAo/fa0'iX«iS  r^ropcf  *  die  8^  riyf 
^^V  ^admyf  4<^ay  w€P9faifi4pai  rpvrr^s  fiiw 
^Ity  moKptiptai  S4  Mltm  ko^  kKirrnw,  From 
t^  pssssgs  it  has  been  held  that  Solon  consti- 
tsted,  ont  of  the  members  of  each  of  the  four 
•iU  iooie  tribea,  three  large  diTisions,  called 
'^(rrfct,  sQbdiridittg  each  rpcrrhs  into  four 
'x^p^^  Thus  there  were  in  all  (4  x  3  s) 
I'i  rptrrUs  and  (12  X  4  =)  48  vmntpnpini.  So 
«^  PoUnx,  TiiL  108:  vwntpofia  V  ^p  r4ms 
^^  IMnmrow  niams  'koI  yadicpafoi  liaap 
W^wa,  rhrapts  icwra  rpirrhw  diCMmfv: — and 
Hesychhs,  i.  e.  wrfirXsyet :  rir^t  Si  &0'  died^^r 
^A^s  Mcco.  In  the  formation  of  the  i^ovicpa- 
^  neighbonring  members  of  the  same  tribe 
*  >^ld  Kem  to  ha;Te  been  eronped  together  in 
<«''h  s  way  that  a  wamtpa^a  was  practically  a 
i)ral  district  or  parish,  and  came  to  be  so 
r^oided:  this  follows  from  its  comparison 
^^Te  to  the  Cleisthenean  demos,  and  from  the 
^  that  the  single  surriying  name  of  a  rov- 
«M|4a  (Phot  s.  V.  KwXuU,  Bekker,  Anecd. 
'^^t  20)  is  clearly  a  local  designation. 

SchOmaan,  howerer  (Jahrb.  Class.  Phil.  cxi. 
l**'^  ^  454fi:),  and  Dnncker  ((TescA.  AH.  y. 
f-  120,  ed.  5)  contest  the  conectness  of  this 
T^f  IS  far  as  the  institation  of  poitKpapiai  by 
^^  is  oonoemed.  They  hold  that  the  words 
'^  AiistoUe  qnoted  by  Photios  (see  above)  by 
**  ncsas  amoont  to  an  assertion  that  Solon 
"lUbliihcd  the  twrnpaptMUj  and  they  hold  that 
*ut  k«  did  was  perhaps  to  re*organise  a  pre- 
*^7  existing  method  of   subdivision,  and 


modify  it  to  snit  his  new  constitution.  The 
well-known  passage  in  Herod,  v.  71  is  of 
cardinal  importance  in  this  question.  In  re- 
lating the  abortive  attempt  of  Cylon  to 
make  himself  tyrant  of  Athens,  Herodotus, 
referring  to  the  defeated  revolutionists  who  had  ' 
taken  refuge  at  the  shrine  of  Athena,  uses  the 
words  To^ovs  iu^iffrafft  fikv  ol  vpvrdrcit  rwv 
uavKpdpt^p,  ctntp  iw^fiov  tc^c  t^  *A9ifpas. 
(Stein,  m  loc.,  very  reasonably  suggests  the 
emendtation  povKpapiittv,  *' representatives  of 
the  povKpapiat,**  t>.  the  ptuCtcpapoi)  Unless 
Herodotus  is  mistaken  in  his  use  of  the  words, 
this  passage  is  proof  positive  that  the  povKpa- 
plat  existed  some  time  before  Solon,  and  probably 
some  time  before  Cylon  also.  It  is  not,  how- 
ever, easy  to  see  in  what  sense  the  poAKpapoi 
could  be  said,  at  that  period  of  time,  pifkUPy  i.e. 
to  govern,  ria  *A0iiPas.  Stein  and  others  there- 
fore  maintain  that  Herodotus,  perhaps  following 
an  account  which  sought  to  lessen  the  responsi- 
bility of  the  Alcmaeonidae  for  the  murder,  has 
erroneously  attributed  to  the  paimpapoi  what 
was  really  done  by  the  nine  Ikpx'^^^h  ^^'^  ^^^^ 
the  account  given  by  Thucydides  of  the  Cylonian 
revolution  is  specially  intended  to  correct  Hero- 
dotus on  this  point.  See  Thuc.  i.  126 :  xp^^o^ 
9h  49iypypofi4pov  ol  'A&itPaun  rpvY^fn^pot  r^ 
ir/MHrc8pc(f  inniKOop  ol  iroAAot,  hnrpi^^opr^s  rois 
drrdia  Apxovai  r^y  ^vAcurV  tnl  f^  irav  airroKpd- 
rop<rt  SiotfeiMu  f  hy  ipiffra  Biaytyp^eritwai '  rirt 
%k  rh  woAA^  rdrwoAirucAy  ol  ippda  ipxovr^s 
'hcpaiTifop. 

The  derivation  of  the  word  (yavs  and  the  root 
Mop,  by  metathesis  iv^,  as  seen  in  Kpalpot ;  see 
G.  Meyer,  Curtius*  Stud.  vii.  p.  175  f.,  in 
opposition  to  Wecklein,  Bayr.  Ak.  1873,  p.  42  f., 
who  connects  Mtv-  with  yale»,  '*to  dwell") 
suggests  the  object  of  the  institution,  which 
was  to  provide  Athens  with  a  fleet.  The 
ptMtpapUu  were  thus  the  predecessors  of  the 
irv/tfiopiat  (Bekk.  Aneod.  283,  20 :  pavKpapot '  ol 
T^  pavs  vapatnetvd(opT9s  icol  rptripapxovprts : 
-— Aristot.  in  Phot.  s.  v.  PouKpapta'  vauKpapla 
fikp  imoUp  ri  ^  ovfiftopla^. 

Besides  superintending  the  building  of  the 
ships  and  acting  as  captains  when  built,  the 
pavKpapoi  assessed  the  amount  of  taxation 
annually  due  from  each  pavicpopia,  and  dealt 
with  the  money  thus  collected  (Poll.  viii.  108, 
rhs  8i  ^Iff^opia  rks  Kork  bitiiovs  Sicxctf'ordi'ot/ir 
o^rot  iral  rh  d(  aJbru9  i^fuKAiAOfra), 

Each  pQuKpapia  provided  two  horsemen  and 
one  ship  (Pollux,  I,  c. :  pavKpapia  B^  iKdarri  96o 
Imrias  vapux*  Kcd  paw  /itocp,  &0'  (f  Xaus 
&p6fMirro).  The  whole  organisation,  as  part  of 
the  military  force  of  Attica,  was  subject  to  the 
'wok4fMapxos  (Bekk.  Aneod.  1.  c. :  pavKpapot  . . . 
T^  iroAc/idpxy  bworrerteytkipoi). 

With  the  institution  of  8^/ioi  by  Cleisthenes 
the  poMKpafiai  probably  ceased  to  exist,  at  all 
events  as  a  working  part  of  the  state  organisa- 
tion. One  authoritv  indeed  (Cleidemus  in  Phot. 
s.  o.  pavKpapUi)  tells  us  that  they  continued, 
being  raised  from  48  to  50,  five  from  each  of  the 
new  tribes,  famishing  in  all  100  ImrtTs  and 
50  ships.  Boeckh  (Staatshaush.  Ath.  ed.  3,  i. 
pp.  323,  636,  note  c)  sees  a  confirmation  of  this 
in  the  fact  that,  according  to  Herodotus  vi.  89, 
the  Athenians  in  the  war  against  Aegina  before 
the  Persian  invasion  could  only  muster  50  ships 
of  their  own.  [A.  H.  C.J 


208  NAVIS 

NATIS  (»!(>).  Thongh  tha  urlieat  eforts 
of  numklnd  in  navigstion  sn  pre-historic,  yet 
tha  ehaiutariatia  of  thew  eSorU,  uiii  many 
ite!!«  ID  thair  developnisnt,  are  lufficieutly 
tTidant  from  tha  methodi  ia  Toguo  aiDong 
untga  ncaa  in  larioai  parta  of  the  globa  at 
tha  preatnt  day.  (S«e  article  "Ship,"  Encycl. 
Britaa.  1888.)  There  U  sufficient  evidence  to 
show  that  a  point  far  in  advanca  of  the  primi- 
tiv«  typai  of  navigation  aad  ship  cotutruction 
had  been  rasched  by  paoplee  inhabiting  the 
littoral  of  tha  Mediterranean  at  a  very  early 
pariod.  (Chabai,  L'Anli3<iiUUttiirijite,  p.  120.) 


Dardaniani,  Hyiioni,  Lycdiiu,  and  Uaeonius 
fignre  on  the  wall-paintings  of  Egypt,  ss  min- 
bined  againit  Pharaoh  in  the  I3th  cantury  s.c.. 
and  in  tha  12th  cantary  a  still  mare  powerful 
league  of  Palaagiana,  Tencriana,  Etrusciiu. 
Dauniaos,  and  Oaeau  appears  to  hare  inrtilKl 
tigypt  and  to  have  •ofiered  a  crashing  defeat  ai 
the  hfludi  of  Rameiu  III.  The  bas-relief  of 
Medinet  Habou,  which  represcnta  the  grCat 
Tictory  of  thia  Pharaoh  over  tha  maraodlng 
•'  Northmen "  of  tha  Hsdittrraaean,  is  Ibe 
earliest  known  rapreaenlation  of  a  nanl  biHlt. 
In  thia  ba»-reUef  two  distinct  tjpai  of  Teaaili   | 


^PM^U 

^i 

^m£ 

(km 

^S 

\  iSr  f?V 

vX^^ 

NandbaUIeofRamefaa 
■re  apparent :  firtt,  tha  Egyptian,  which  hara  I 
stem  and  stem  following  the  cnrrail  line  of  | 
the  keel,  tha  stem  ornamented  with  a  lioo'i  | 
head  or  loma  other  device,  the  stem  aharp-  j 
pointed  and  riaing  lomewhat  higher  than  the  , 
item.  At  tha  bows  is  shown  a  kind  of  platform  , 
or  forecastle,  and  the  bodiei  of  the  rowers, 
whose  heads  are  risible,  are  protected  by  a  side-  | 
planking,  from  nnder  which  the  oars,  the  porta  . 
of  which  are  hidden,  project.  At  the  item 
there  ia  a  railed  platform,  from  which  archen  . 
are  discharging  their  arms,  and  the  eteoTsman  is 
there  alia  seated,  with  bis  hand  rin  the  broad- 
bladed  steering  paddle.  A  mast  with  a  crow's- 
nest  and  a  look-out  man,  and  a  yard  with  tha 
smI  broiled  up,  are  also  shown.  The  number  of 
rowers  indicated  ia  unally  tan  on  one  side ; 
bnt,  owing  to  want  of  space,  the  arliiC,  limited 
in  thia  respect,  baa  probably  contented  bimsalf 
with  depicting  a  conTentional  nnmbar, 

Tha  Teasels  of  the  allies,  which  piesnmably 
haTB  cRMicd  the 
Ueditarranean,  pre- 
sent a  stri  k  ing  differ- 
ence in  type.  They 
show  mnoh  less  cam- 
ber of  keel,  with  stem 
and  stem  post  rising 
abruptly,  and  at  a 
considerable  height 
abore  the  water  cur- 
ving oatwards,  and 
finishing       (thoagh 


m.    CKedlnet  HaboB.) 

ingaaaprotectionfor  the  rowan.  Tleae detail), 
slight  aa  they  may  appear  to  be,  are  Tatnibie 
as  giving  indications  of  maritime  antarprlK  sul 
naral  construction  in  the  Mediterranean  some 
centuries  before  tbe  Trojan  War,  of  which  li« 
ordinary  date  given  is  1184  B.a 

(For  tha  whole  subject  of  Egyptian  boats  ind 
shipping,  tha  itudest  should  cooaalt  the  worit 
at  Rosellmi  and  Lepsius,  in  which  he  will  find 

ranging  from  the  time  of  the  Fourth  Dyniiir. 
or  more  than  3,000  years  before  Christ:  onJ 
besides  these,  Duemicben's  HiitorivAe  Inidiri/- 
tin  sad  Die  HMt  finer  AegyptixJtn  KSmgi", 
id  especially  an  essay  by  Bernhard  Graser,  Do^ 


SanosHn  dir  alim  Atggpter,  in  Doei 
SttuitaU  der  ant  Bt^M  8.  P  "" 
KSiugt  WtIMm  I.  nan  Pnuun 


Mig-tal 


ie£S 


rtach  Aegyptm  enlrmdtttn,  Ac,  Berlin,  IB69.) 

In  the  fleet  of  an   Egyptian  qnean,  her  Bed 
Saa  fleet,  saTeral  Teasels  exhibit  aptftDrw  as  if 


withon 


any    i 


apparent     in      th 
Egyptian  ships)  in 

bow  it  In  fact  vary  similar  to  the  irrifAoi  of  the  |  for  a  second  tier  of  oan,  though  ■»  c*"  *". 
old  Oreak  type,  leen  on  tha  coins  of  Chios,  shown  in  tham.  If  thia  be  bo,  tha  iDTCDliox  oi 
Uegara,  and  Sinope.  Their  Teaaets  have  alao  tha  bireme  must  be  nilarred  to  a  niy  ^'' 
-'-''-■-^-     ■    ■    '  ■   ~       !...-- irsTsr,tl>" 


KAVIS 

Ut  Ed  Sa  a«t  diffeml  in  nwnf  pirtlculan 
ir.c  tit  JWiUrranMn  fl.*t,  aud  of  thii  Utter 
L.ii  ':i<ui>(cJj  wt  have  D«  similar  ncurd.  It 
1.  £>'icrir,  not  unUktlr  that  th<  (l^eta  of 
■•■a  fbinolu,  ac  diflerent  time*,  iwept  tbe 
:>j.'tuniKi  tnj  pcDctrsteil  a*  far  u  Ssrdinu. 

It  ■  {lur  from  Iht  Itgtod  of  Danaiu  tliat 
iiammrK  belwcen  Egypt  and  Greece  was 
i:n|cnit  at  a  rcrr  nr1>*  period,  and  it  is  notice- 
11^  tint  the  marandiag  eipeJitiotu.  mch  as 
Lir  bivt  led  to  battles  iimilar  to  that  depicted 
^  k-liDrt  Hikni.  find  an  echo  in  the  Homeric 
t'-iEi.  la  the  feigned  narratice  of  Ulyssei,  a 
mi  up«  tgypt  a  de«ribed  as  undertaken  and 
anwl  «rt,  (|aite  in  the  ordinarv  courae  of 
L^jop  (!Jd  liv.  245  t/q. ;  irii.  426) : 


Fi-'jici  hiing  them  from  Crete  to  one  of  the 

ti-  ijpial  behaTJoDT  of  the  bnccaneers,  with  a 
f]«il  iiimter  to  follow.  It  is  worthj  of 
Trurk  Hut  the  tame  •tor]',  a  tictitioui  atory,  it 
li:«  npcattd,  from  which  we  maf  infer  that 

r-jUdiatme  in  tbe  Homeric  age,  and  foanded 
n  u  allimjte  bub  of  fact. 

i  lifi  Kith  dates  ii  given  by  Enaebini,  "  tx 
h'im  Ubrij  breriler  de  temporiboi  tnaria 
a\rn.  Uontiuni,"  in  which  Lydians.  Pelai- 
C  lu.  Tlirsciaiu,  Rhodiaos,  Phrygiana,  Cypriaaa, 
I'.  L-rtuiiau,  Egyptians,  Uileaiana,  Can^ini,  are 
imri  IB  order,  eilending  from  the  dale  1186 
ij  10  ;31  B.C,,  or  for  a  period  of  about  450 
}'i:\  u  uerciiing  thalassocracy  or  mastery  of 
t..<  itu.  The  namea  that  follow — Lesbians, 
l''."3»at,  Simians,  Lacedaemoniana,  Kaiians, 
l--tnus,  Aeginetani — bring  the  liat  down  lo 
'  -  7W  4$5  B.C.  But  in  these  cues  hardly 
c  t-  thin  a  lucil  superiority  can  be  intended. 
1  nrlitr  namei,  bowever— LydUns.  Petas- 
:iQ>,  Thradans — -cerroborate  the  evidence  of 
'V  tjiptiin  monuments,  and  point  at  any  rate 
iii>  muitime  artirity  nod  seafaring  habits  of 
'iry  pnplrs  tt  a  Tery  early  period.  (For 
-  ^ntii,  rf  Herod,  i.  91;  Stnbo,  v.  p.  219; 
■*Ji.  L  28,  2; ;— Pelasgians,  Dionys.  i.  22; 
■•!rJo.ii.  p.  401,  liii.  p.  582;  Herod,  iv.  145, 
■- 137,  13|j;  Apoll.  Rhod,  Ary.  iv.  1760;— 
'■!fn*i  wiih  Tyrrheniana,  Soph.  rnacL  Fr. 
Twiw,  niAwTToIi;  Thut  ir.  109;  Aeseh. 
■  f'.  i3T-24fi;  — Thraciana,  Herod,  rii.  75; 
"^,  10.  p.  541 ;  Diod.  i.  50 ;— Rhodiani, 
finh-u,  lir.  pp.  e32-65*  ;  Colonies,  Diod.  v.  53, 

1'  it  larprising,  considering  the  fame  and 
'-.Tii7  of  Ibe  Phoenicians,  that  we  have  so 
i'itl<^  (Tidtnce  regarding  their  vetHls  in  early 
'■^'°-      B»rodolns  in  his  optning  chapter  speaks 

'•■™  ^  niirating  from  the  Indian  Ocean  to 
'-' "<dn*rT»nean  coast,  and  at  once  renlnriag 
-l-'iiCniy.gea,  earrying   Egyptian   and   A«- 

~^  mtt  to  Argo)  and  elsewhere.  To  their 
''luppiB^  propeDlitiea  was  ascribed  the  begin- 
;-'t  of  tnnbln  between  Enrope  and  Asia  by 
■"  Pmian  bistoriana ;  and  this  statement 
-"  » illmtratod  by  the  jealooay  and  dblike 
"■^•hidibey  are  mentioned  in  Homer  lOd. 
'■  "i»J-:cf.  E«k.  iiTii.  13).  Their  vessels 
"It.,  We  been  only  half-decked,  if  we  may 


jndge  from  Od.  xr.  479 :  these  were  probably 
traders,  ^priiit  e^jifiai.  And  yet  lo  the 
Phoenicinos    in   all   prub.ibility,    if   not    to  the 


^yptians,  mast  be  aacribed  tbe  invention  of 
the  bireme,  and  consequently  of  the  system  of 
banked  vessels.  To  them  also  probably  belongs 
the  invention  of  the  Ram.  The  represrutalion  of 
the  wai-gnlley  in  motion  (copied  fmm  a  bas-relief 
in  the  British  Uuienm  from  Kouynnjik  (?)) 
cannot  be  much  earlier  than  700  B.C  It  is  a 
bireme,  sphract,  with  fishting  deck  and  fiah- 
like  snout  for  ram,  similar  in  construction  to 
these  which  are  depicted  ni-on  the  Oraeco- 
Etrnican  va^es  of  the  following  century,  but 
plain  and  without  the  oinamenlition  eihibiled 
in  these  latter.  Some  few  represenutions  of 
Phoenician  ressela  are  also  given  in  Layard  and 
RawlinsoD.  These  all  have  thi>  drawback,  that 
the  Auyrian  conquerors,  for  whoae  glorv  the 
repretentationa  were  made,  were  not  a  maritime 
people,  and  that  therefore  details  and  proportion 
were  not  likely  to  be  criticiaed,  or  accuracy  to 
be  studied  in  their  aea-pieces.  Hence  we  can 
learn  but  little  from  them  aa  In  any  distinctive 
featurea  of  the  Phoenidan  marine. 

Piracy,  as  Thucydides  poinU  cut  in  the 
opening  chapters  of  his  history,  was  the  cune 
of  the  Archipelago  from  very  early  times,  the 
■ntagoniatic  force  opposed  to  all  progreaa  in 
civilisation.  Piracy  implies  the  possession  of 
sea-going  craft  and  fnmiliarity  with  maritime 
enterprise.  It  imjdies  also,  lo  a  certain  extent, 
a  contemporaneous  commerce  upon  which  it 
may  prey.  And  again,  being  antagonistic  to 
commerce,  which  strong  ruleis  and  organised 
Btatea  are  anxious  to  develop  and  protect  for 
their  own  use  and  benefit,  it  is  natn rally 
followed  by  elforts  on  the  part  of  such  rulers 
■nd  gtates  to  put  it  down.  Thus  we  have  from 
early  times,  corresponding  to  these  influences, 
three  types  of  vanelt : — 

I.  The    tmder,  wide   and    roomy,   trusting 


SAVI8 

the  iDiBllest  50  m«ii,  the  wsn-iori  being  ;h. 
len ;  no  room  for  iuperniiin*r»Tie4  (.»* 
plno)  txctyl  the  kingi  and  gre»t  chiefs,  tt 
■  illy  us  they  were  to  crois  the  oi«q  4cj 
nriiiB.  lit.  for  the  wsr ;  the  ve^el-  un 
fenced  (not  KOTttfipoitTa),  snd  in  the  old  fi=i-.i-  : 
fitted  out  more  like  pirafe  yoisels.'" 

And  further  he  observes  (i.  1*)  th»t  ereo  man 
centuries  Ister  the  triremes  pos»a»sed  by  th 
niral  powers  were  few  Id  number,  »nd  the  greats 
psrt  of  the  vessels  in  use  were  penteconters  aa 
long  ships  (?biremes),  filled  in  the  saiii 
w«v  as  in  Homer's  time.  The  Siciiiao  tyrani 
*nd  the  Corcynieans  were  the  first  Greek  powei 
who  possessed  nny  lai^  number  of  triremei 
Even  the  vessels  'built  by  the  Athenians  uiid« 
the  ndvice  of  Theroistocles,  which  nltiin»it| 
fought  M  Salunis,  were  not  decked  throughui: 
Thus,  if  wo  t»ke  the  Homeric  ship  to  give  l: 
tv].e  of  the  sncient  Greek  sea-going  vessel  of  ti 
l.trnte  oliss,  as  distinct  from  the  tr«der  (t^prii 
we  shsU  not  go  astnijr. 


>  1 


p:a.- 


(Ttieibiiveft 

fighting.  The  development  of  the  latter,  which 
iw  slow,  finds  its  highest  expression  in  the 
snifl  and  handy  Attic  trireme,  and  terminates 
in  the  huge  mimy-banked  vessels  of  Demetrias 
I'oliorcetes.  The  tmder,  of  which  illustrations 
from     the    early     Graeco-Etruican     vases    are 

"    enlly  clear,  varied   but  little  in  type,  and 


thes 


le  type  m 


the  Levant  to  this  day. 

The  chief  points  noticeable  are  the  height  of 
the  hull  above  water  as  compared  with  the 
liirnte  vesiela  of  the  same  date,  and  the  form  of 


-e-head,  I 


,   though   1 


behind  it  ihe  eye  of  the  vessel, 
for  a  hawse-hole.  Strong  bulwarks  run  me 
whole  length  of  the  ship,  which  has  two  broad- 
liladed  p^dlei  for  sloering  purposes,  and  a 
landing  ladder  faiteiieil  to  a  high  prolangntion  of 
the  stern-post.  The  sail  is  attached  to  a  yard, 
which  is  secured  by  a  number  of  braces;  the 
mast,  which  for  the'siie  of  the  vessel  is  shorter 
than  that  of  the  pirate,  is  kept  in  its  place  by 
two  stay.. 

The  figures  on'  the  vases,  to  which  we  shall 
raveit  hereafter,  may  possibly  give  us  the 
representations  of  vesssla  of  the 
century  &C.  But  for  the  descri 
early  Greek  vessel  of  the  pirate  1_  _ 
turn  to  Homer,  whose  familiarity  with  the  sea 
and  with  shipa  is  everywhere  apparent  in  his 
poems.  Thucydidea  (i.  10),  in  his  reflections 
upon  the  relative  migDitutic  of  the  Greek  fleet 
that  went  to  Troy  and  the  fleets  employed  in 
the  Peloponnesian  War,  touches  the  salient 
points:  "1200  ships,  the  largest  holding  120, 


g  probably 


of  the 


ill  be  mentionei 
the  form  of  the  bow  and 
.  of  the  oars. 

e  shall  best  obtain  an  idea  of  the  Homsr 
:1  by  comparing  Homer  with  himself,  a; 
wards  with  what  we  are  able  to  aacertJi 
e  epochs  that  followed.  If  it  be  »  queiiil 
far  the  ship-lore  of  Apollunius  Khodi;^ 
of  the  so-called  Orphic  Argoaauti,:.],  j 
'n  from  early  and  trustworthy  sources.  y| 
nany  instancea  it  is  useful  as  throwi^ 
light  upon  details. 

'      the   Iliad  and  Odyssey  we  find  certain  e| 
of  ships  common  to  both,  which  uxaj 
classified  as  follow*  : — 

I.  EriTBin  or  Cmodb. 


Of  these  epithet*  we  may  «b*erve  ihil  l! 
two  which  concern  colour  and  ahape  i>  s^' 
from  the  outside  preponderate,  vii,  fi«'^s!  u 
Bail  (black  and  slurp);  «nd  oeit  in  fitqiRt- 


NAVI8 


NAVIS 


211 


m  tvo  which,  as  it  were,  regard  the  Tessel 
rem  within  (KotXoi,  y\a^vp6s),  hollow,   hol- 

•TCii  oat,  and  so  roomv.  There  can  be  no 
}  lit  tiiat  the  first  two  epithets  give  the  main 
'  riTActeri^tics  seen  from  without.  The  black 
^a&rp  bull  (like  those  of  the  Northmen  in  later 
ti'jr^)  inspired  thoughts  of  terror  and  swift- 
ly :  Men  from  within,  it  satisfied  the  mind  of 
IV  Greek  buccaneer  that  the  vessel  was  roomy, 

>.  b  which  much  plunder  could  be  stowed. 
.'  •:  IhL  ir.  81 ;  xiu.  20.) 

uf  the  other  epithets  itfi^ttXurffa  (which  can- 
;  t  mean  **  rowed  on  both  sides,''  but  might 
;  ^4hU  mean  **  rocking  from  side  to  side  '*) 
jitienti  probably  the  curvature  of  the  ship's 
-  ii  viien  seen  either  stem  or  stem  on,  from 
L  front  or  from  behind ;  Kofwvls,  on  the  other 
i-^l  ii  of  the  curvature  upwards  of  bow  and 
**'n,  such  as  we  have  seen  in  the  bas-relief  of 
M'  ii3«t  Habou  (p.  208),  and  such  as  appears  on 
■jazT  of  the  early  coins — that  upward  lift  and 
(foiisgition  of  stem  or  stei-n  post  (the  highly 
"Tjiacnted  ittp<Mrr6\io¥  and  the  tupKatrroy  of 
y.UT  time)  which  makes  apt  the  epithet  6p66' 
((«<p«s,  strictly  applicable  to  the  horns  of  oxen. 
I' :.  n.  trm.  3,  573,  xix.  344 ;  Od,  xii.  348.) 

h  ttni  and  4tva€\fiai  we  have  probably  epi- 
t9't>  that  refer  to  material, — gallant,  good, 
v-H-limbered  (not  well-benched).  The  cross- 
l.H-x,  thwarts,  that  tied  the  vessel's  bides 
t  Z'taer  and  fitted  on  them  like  yokes,  were 
t  >iDf«rtant,  both  structurally  and  as  serving 
a  >fichts  for  the  rowers,  not  to  furnish  de- 
>.r.ptiTe  epithets  (such  as  woAucX^is,  woXi/^u* 
?«^  f6(vY»Sf  iKar6(vyos),  and  yet  they  are  not 
t>p«nt.  Commonplace  epithets  are  absent; 
n\4is  it  only  once  used.  It  may  also  be 
-^•«d  that  the  epithets  /uXrtntdfrffos  (//.  ii. 
\%  CkL  ix.  125)  and  ^irucow^of  (OdL  xxiii. 
•'>.  XL  124)  belong  apparently  to  vessels   of 

i  frvm  the  western  isles  of  Greece.  In  the 
*  •u.cgue  of  the  Ships  it  is  the  distinctive 
"jitiift  of  the  vessels  of  Ulysses. 

With  regard  to  the  construction  and  parts  of 
■  '•  Tesiel^  we  hare  mention  of  the  keel,  rpiwis 
\  I  lii.  420X  which'  probably  was  first  laid 
*"^  tbe  Sp^oi,  short  upright  baulks  of  tim- 
^'  Utoi  level  at  intervals,  of  sufficient  height 
''  ;uble  a  man  to  work  at  the  keel  and  its 
•titles  {04,  xix.  574),  and  the  roTixoi  or  walls 

'  'a«  Teacl  attoched  to  it  (cf.  h^p*  kvh  roixovs 
Ji'?*  KXiitnf  rp^ftnos).    The  ribs  are  not  men- 

*  -^  nnless  Zovpttroj  i6py  trffiov  cover  them. 
'.•  4l»  T^pwff  (OdL  xii.  67)  for  planking. 
•*  .athe  keel  sprung  the  <rrupa  or  stem-post, 
urn^d  upwards  and  finishing  high  in  the  ixph. 
■•w*3a.  Similarly,  the  stem-post  must  have 
"-^  np  into  the  tupKaurrw  {11.  iv.  716)  or  stem 
'■fiaaent.  As  yet  no  spur  or  ram  seems  to 
^'«  beta  attached  to  the  bows  of  the  vessel : 

^^^  99p^pum  MryoA'  tax*  vn^t  toiMnrc.— /I.  L  483. 

•'<  iides  (rsi)(«i)  were  tied  together  by  the 

•»4rti(f^  icAij»5f5),  which  served  as  seats  for 

^  rivers, and  lengthways  amidships  there  must 

*^<  6«n  a  gangway :    for  Ulysses  (Orf.  xii. 

•''-^M  Scjlla,  arms  himself  and  passes  from 

^^^"  «^  to  the  forecastle.    (Cf.  Apoll.  Rhod. 

•  m,  where  Jason  gives  his  hand  to  Medea, 

^^  PttMs  through  the  vetsel,  Si^  kXii76os 


lovaeurJ)  At  the  bows  there  was  a  raised  plat- 
form, or  deck,  the  Ixpta  vpt&pris,  upon  which 
armed  men  could  stand  and  light ;  and  similarly 
there  was  a  deck  at  the  stern,  upon  which  the 
chiefs  had  their  place,  and  laid  their  weapons 
(Od,  xiii.  72 ;  xv.  282,  557),  and  under  which 
was  room  for  stowage  {Od.  xv.  206). 

In  a  remarkable  passage  (/7.  xv.  680)  we  have 
the  description  of  a  warrior  (Ajax)  passing 
from  vessel  to  vessel : 

'Eiri  ffoAAa  Oodutv  ucpia  vmSuf 
^oira  luucpa  /3l^dc ' 

the  ships  evidently  being  hauled  up  quite  close 
to  each  other,  and  the  height  is  in  a  measure 
indicated,  for  the  attacking  warrior  (Hector) 
seizes  hold  of  the  stem  of  the  ship  (//.  xv. 
716): 

while  Ajax,  forced  to  give  way,  being  in  an 
exposed  position, 

9pi^pw  c^'  nTaM68ii¥  Aivc  5^  ucpca  rifbc  «unft. 

This  Bpriyvs,  in  all  probability,  was  the  stretcher, 
as  we  should  call  it,  of  the  stroke  oar.  Some 
interpret  it  of  the  steersman's  seat,  but  Ie>8 
well,  as  Bp^ws  in  Homer  is  in  all  other  passiiges 
Wow6Jiio¥f  something  to  rest  the  feet  upon. 
This  would  give  us  the  normal  beam  of  the 
Homeric  ship,  nearly  at  the  point  where  the 
stem  deck  began ;  while,  allowing  to  Hector 
heroic  stature,  the  height  of  the  A^Kaffroy 
would,  we  may  fairly  conjecture,  be  from  7  to 
9  feet,  and  the  txpia  themselves  some  5  feet 
from  the  ground,  when  the  vessel  was  drawn 
up  on  land.  Taking  the  normal  interspace  for 
the  rowers  ((Tx^/ao  Siwijxaticoy)  at  2  cubits,  the 
rowing  space  of  the  penteconter  gives  a  length 
of  75  feet,  to  which  roust  be  added  some  6  leet 
for  the  bows  and  9  or  10  for  the  stern,  with 
their  respective  decks.  We  should  have  thus  a 
long  low  galley,  about  90  feet  from  stem  to 
stern,  and  from  10  to  12  feet  broad  amidships. 
The  length  would  of  course  be  reduced  if  the 
interspace  between  the  rowers  was  less. 

The  Homeric  galley  was  propelled  by  sail  as 
well  as  by  oars.  The  mast  could  be  raised  and 
lowered.  It  had  a  step  (?  itrroirc'Si} :  cf.  Alcaeus, 
Frag.')  above  the  keel  (cf.  iK  5^  ol  i<rrhy  &f>a|c 
rori  rp6viy),  and  was  raised  so  as  to  rest  in 
and  against  a  "  tabemacle  "  (ji€<r6Zfiii),  fitted  as 
the  name  implies  amidships.  It  was  kept  in  its 
place  by  fore-stays  (irp6rovoi)j  by  which  also 
it  was  lowered,  and  rested  on  a  crutch  (Itrro' 
96icriy  II.  i.  434).  A  back-stay  {Mrovos)  is 
also  mentioned  as  attached  to  it  {fiobs  ^woto 
rrrwx^Sj  Od.  xii.  423). 

The  sail  was  hoisted  upon  a  yard  {Mxpioyj 
Od.  V.  254),  which  had  braces  (prdpcu)  and 
halyards  (jcdAot)  attached  to  it.  The  sails 
were  white,  and  square  in  shape.  To  the  ends 
(wdScf)  sheets  were  attached,  which  were  either 
fastened  or  held  in  the  hand.  The  ropes  with 
which  the  sail  was  hoisted  and  the  stays  appear 
to  have  been  of  plaited  or  twisted  thong 
(j^Mrrphtroiat  fiofvtri).  Larger  cables  (5wAa, 
v§lffftara)  were  made  of  byblus  (Od.  xxii.  391). 
**  The  twisted  teaching  of  Egy  Dt "  (Eurip.  Troad. 
129,  wKiKTiaf  AJtyimrov  woiieioy)  seems  to  have 

P  2 


D  later  Tor  imalUr  Uckl«.  The  mrdpra  |  L»igt  poUi  for  pnihing  the  iliip  (iijufiiiiii 
ncJ  in  H.  ii.  1^!>  mij'  hfi<re  be«n  or  hemp  Karri*)  were  also  in  use;  inij  the  vt'i^kt  in  I 
les.  bulk  of  the  veuel  rtceive  illuiliitiaii  from  tin 


laaiaie  in  which  Uljssei  lingle-handed  puihw 
lier  off  the  shore  with  n  pole  (Od.  ii.  4ST). 
There  were  also  long  polei  or  speari  used  fur 
fighling.     Cf.  //.  ir.  388,  677  : 

lUMpoUi  fvirriKVi  riirii*'  ■•!  •n|iw>  hctln 
r«ffiA][«  lat^^rTA  a^-ri  tfrdfM  iifkii-a  X^Air^ 
The  <hip  w»e  »teered  hy  paddles  (rqlhUia), 
which,  aa  the  repTCHntstions  on  the  cirly  ratei 
iiidicate,  were  of  various  patterns.  The;  were 
geneniily  two  in  nnnber,  fisteucd  to  either  side 
of  the  vessel.  Some  are  merelf  broad -blaJed 
OUT! ;  others  approach  more  nesily  in  form  to 
the  modern  rudder.  Thejr  dilferei  as  a  rule 
l[om  the  oar  in  having  the  blade  unequally 
Jivided,  the  front  part  being  narrow,  the  hinder 
part  broad,  so  as  to  have  more  power.  When 
at  rest,  the  steering  pnddU*  were  kept  parallel 
o  the  longer  axis  of  the  reiael.      ' '   " 


end  of  the  loo 
(Od.  lii,  218), 


a  projectii 
hich  the  I 
or  both  at 


handle,  aM.» 


The  oars,  ipir/ti'-ol  which  the  parts  were  i 
jiilini,  the  handle,  and  rtiSir.  the  blade — were  - 
made  of  fir  (cf..\poll,Rhod.vl>ff.i.  1188;  itarpi 
iMrjiBi,  Od.  xii.  172),  The  breadth  of  the  [ 
blade  is  illaatrated  by  its  compnrisoD  on  the 
part  of  >  landsman  ignaraut  of  the  sea  to  a  i 
winnowiDg  shovel  (M.  li.  128).  The  oars  | 
amidship  were  probably  the  largest,  to  allow  I 
for  the  curvature  of  the  vessel's  sides  (cf  Apoll. 
Khod.  i.  395,  where  the  midship  oars  are  re  ' 
served  for  Hercules  and  Ancaena  as  being  the 
stroDgeit  of  the  heroes).  The  result  of  bre;iking 
an  oar  while  rowing  hard  seemi  to  have  been 
similar  to  that  of  later  timet.  Cf.  Apoll.  Rhod. 
Arg.  I.  1167,  where  Hercules 

ffi^  XV^r  iKmr,  lA«  (oxfUT. 

The  oars  were  fastened  to  thowln  (rictAiuV)  by 
thong*  (rporol  Sep/tdrimi).  and,  when  not  in  use, 
drawn  in  and  fastened  with  the  blade  projecting 
(Apoll.  Rhod.  Arg.  i.  378;   Od.  viii.  34).     The 

their  arms  laid  (Apoll.  Khod.  i.  521)  in  order  by 
them,  which  flash  in  the  sunlight  (I.  c.  MO  ff.) 
as  the  vessel  speeds  onward.  (Compare  the 
shields  hung  at  the  side  of  the  Vikings'  vessels.) 
The  KvfifpHirqt  had  his  place  on  the  Upia 
wpiiirti'i  where  he  could  handle  both  steering 
uddlea  and  •«  over  the  heads  of  the  crew. 
Heikc*  there  wu  nothing  to  intercept  the  fall* 


ing  mast  (Od.   lii.  109)   when  the  foti>ti 
snapped:— 

--      -      ■  M-i'. 


From  the  foregoing  and  similsr  passsja  «< 
learn  that  the  bilge  was  open  (lEnXu),  Th' 
place  for  stowage  was  under  the  thwart!  i^iu' 
the  sides  of  the  reSMel,  (Cf.  Theognii,  U\ 
>T|(Si  TO!  xXenjipini'  twh  (iya  9^|ln^i^•  iy<'f  « 
lxo*«r)  The  {.»Ti,  V^,a...(ftim  :l>t 
may  have  been  the  landing  ladder  (lAiM)- 
which  is  so  conspicuous  upon  the  vases  (Gti- 
hoff,  ScAi/.  22).  The  vessel  was  roooied  '" 
means  of  stones  (<&»f,  //.  i.  436  ;  (M.  ii<r.  *•<>:)■ 
which  served  both  as  ballast  and  isanchon. 

The  following  pasaagei  illustrate  the  »i- 
faring  life  as  depicted  in  Homer  :—Prepars-.i™ 
for  ilarting,  Od.  iv.  780,  viii.  61,  if.  in- 
setting sail,  II.  i.  480,  vii.  44 ;  Oil  ii.  «-■ 
Storm,  //.  IV.  625  ;  Od.  ii.  70,  v.  313,  lii.  4"'t. 
liv.  395.  Coming  into  harbour,  Jl.  i.  43S:  '■'■ 
iii.  10,  IV.  496.  A  safe  hnrboar,  Od.  ii.  ^i-'- 
Crew  grumble  at  not  being  allowed  t«  l»a^ 
Od.  lii.  281.  Anenal,  Od.  vi.  263,  Hoohd? 
ship  for  winter,  Hea.  Op.  622. 

The  post-Homeric  period  receives  its  hot 
illostration  from  the  early  Greek  or  Giwee- 
£tru8can  vases  that  remain.  In  these  the  tpi'^ 
is  necessarily  restricted,  so  that  accaracT  i- 
regards  details  ii  hardly  to  be  expected,  cti  tlie 
evidence  they  afford  is  eitremely  ralnsblr.  u>i 
without  them  the  information  drawn  boDi  ibi 
poets  would,  In  m.nny  cases,  be  mach  im" 
obacnre  than  it  is  at  present.  Between  Homtt 
and  Herodotus  there  is  but  tittle  information  lii 
be  gathered.  Hesiod  disclaims  all  kno>ledp 
of  seafaring  life  (Op.  647),  thongh  hit  MkK 
had  been  a  merchant  venturer.  The  Hom'T" 
Hymn  to  Apollo  and  the  story  of  Diooyiu*  snJ 
the  Pirates  (if  rightly  ascribed  to  thii  i*ii-i) 
coDtaiu  a  few  interesting  details  (42,  lartti 
Si  trMoXfioi  tfTe^omvf  ^por}.  One  v.iluni'l^ 
fragment  of  Alcaeus  preserves  the  vivid  pitis" 
of  a  storm-tossed  vessel,  and  a  much-diipole*^ 
line  (top'  litr  yiip  firvAet  IrraTtSaw  lx"y  ' 
iiTToi-Wii  be  the  mast  step, — a  solid  block  i' 
wood  placed  above  the  keel, — with  a  shallot 
socket  cut  in  it,  wherein  the  foot  of  thr  nn> 
retted,  then  the  progress  of  the  water  increajioi 
in  the  hold   of  the   venel  woold  be  nurkp 


NAVIS 
I  to  the  Itrel  of  tha  top  of   tbt 


NAVIS 


213 


ths  TfiHl  on  ■hare,  mutt  not  b«  loat  sight  of 
when  we  comB  to  coaiider  th«  trinms.  It  is 
one  which  appBrenlly  ha)  beta  cDtirelj  over- 
looked  by  those  who  wiah  to  iileatify  the  pro- 
blem iDvolved  in  the  conitructioa  of  ancieut 
shipi  with  those  of  the  inediieval  gallej  ind  of 
oceBn-goiiig  wooden  ships  of  comparatively 
modern  date,  which  were   not   eabject  to  this 


The 


0  the 


•:  irijhl,  refused  to  ptrwvere  (Ayr\f7r  i'  alit 
fitaoeiw.  tnnpS^^"  •*  BaXaaaa  iji^ortpmr 
^iw,  Theog.  673).  The  point  is  important, 
■   ;!u,liitmg  one    of  the  chief  DecOGities  cf 

■atiotiiim  m  the  early  Greek  vejael.  It  had 
:>  b«  liutlt  as  light  ai  poasible,  because  it  was 
--*-at;  to  draw  it  Bp  on  shore.     It  was  fre- 

■niij  sobjectfd  to  the  rack  and  strain  which 
'  "  ^tM«s  impllei.     Hence  it  is  not  surprising 


possible  that  in  this  depni-t- 
meni  oi  arcnaeoiogy  fresh  discoveries  awnit  us, 
which  may  contrihuta  largely,  after  their  kind, 
to  the  knowledge  of  the  subject.  The  bireme 
of  Phoenician  type  represented  on  the  walls  of 
KDnyunjik  (Kawlinson,  JticKal  Monarctiifi,  vol. 
ii.  1 76)  is  possibly  of  an  earlier  date  than  the  rase- 
painCingi.  At  any  rate,  we  must,  in  nil  proba- 
bility, refer  the  InTention  at  the  bireme  to  Ihe 
shipwrights  of  Tyra  and  Sidon.  if  not  to  Egypt 
(see  nboi'e).  And  here  it  is  neceianry  to 
inquire  into  Ih*  character  of  this  iuTention, 
which  gave  A  new  power  to  early  navigation 
and  led  the  nay  to  the  trireme,  and  so  on  to 
the  Polyerea  (iroXinlpeii),  the  many-banked 
vessels,  of  later  date. 

U  U  clear  that  the  penteconter  wa>  the 
typical  Tcsael  of  the  pirate  type.  The  C'O^ 
(beochea,  thwarts),  twenty-five  in  nnmber, 
seated    two  men   on  either   side.     The  longeat 


OBit  were  wielded  b;  those  who  sat  amidships 
(ApoU.  Bhod.  i.  3»5  ff.).  We  may  take  the 
normal  fnfericaJiniuni,  or  measure  of  inrerval, 
between  tbowl  and  thowl,  to  have  beta  S  Rubiti 
(Vltruv.  i.  2,  "  in  niivibut  tx  interscalmio  quod 
Smixalii4  dicitnr  ").  Eflbrts  had  been  made  to 
increase  speed  by  adding  to  the  nnmber  of 
rowera,  but  the  increnied  nnmber  of  benches 
involved  also  an  addition  to  the  length  and 
weight  of  the  vessel.  The  term  ItariCv^t 
seems  to  point  to  the  limit  which  this  effort  had 
reached.  Such  a  galley,  even  if  we  Uke  the 
epithet  lo  mean  simply  100  towers,  and  there- 
fore really  only  50  benclics,  would  have  upwards 
of  ISO  feet  for  iU  length,  and  presenU  difficul- 
t  et  nt  once  as  lo  hauling  on  shore  and  tuiniog 
which  CHn  easily  h«  imsgineit.  Some  clever 
shipwright,  when  construction  was  thus  con- 
fronted with  the  diificnlty  of  the  additional 
length  and  weight  exceeding  in  disadvantage 
the  advantage  gained  by  increase  of  man-power, 
conceived  the  design  whereby  the  motive  power 
might  be  almost  donbled  without  increasing 
the  length  or  beam  of  the  vessel.  Dividing  the 
i  foot  space  between  the  syga,  and  perhaps 
raising  these  a  little,  he  placed  a  rower  with 
a  shorter  oar.  to  work  nearer  the  water-line, 
on  a  lower  level  than  the  men  on   the  lyga. 


214 


UAVIB 


Id  fact,  he  aested  these  lower  oarsmeD  more  ia 
the  faolil  or  the  ressel  (MAi^ui),  u'heDce  they 
got  their  jnune  of  t/ialaniite.  It  would  be 
necdury  to  keep  them  id  the  laine  line  rerti- 
callf,  parallel  to  the  aiii  of  thi 


iothe 


immediately  behind  _  ^      , 

joit  n  little  aboro  the  level  of  the  Inltfr'i 
seat  (cf.  Aristoph.  San.  1074).  The  eiperi- 
meatwu  tried  aod  faaod  feasible,  and  thethiog 

Onee  approved  and  knona,  the  principle  iru 
■are  to  be  widely  adopted.  The  representationi 
of  biremes  are  luffitiently  nnmerous  to  indicate 
that  in  the  early  vaie  period  they  were  the 
typical  veuel.  It  is  remarkable  that  on  >ome 
coaiti  they  vere  never  Bupeneded.  Of  the 
famoai  galleys  that  turned  til  '       '    •    •- 


"  Ordini 


!   gemi 


LibniTiBe; "  and  it  ii  also  to  be  obwrred  that 
they  outlived  the  larger  rates  far  into 
tbe  ■Byiantine  peiiod,  as  ia  seen  in  the  Tactica 
of  Emperor  Leo.  The  iiiTention  of  the  bireme 
wu  really  a  much  greater  step  in  the  art 
of  naval  canetruction  than  any  of  the  lub- 
seqnent  iniproveTiient«,  which  increased  the 
numbera  of  banks,  till  the  Pdyrra  in  their 
turn  beeame  "JDhabili*  prom  magnitudiDis." 
The  motive  power  waa  doubled;  the  length  and 
hulk  of  the  vessel  hardly  iDcreased. 

From  the  bireme  to  the  trireme  waa  but  a 
small  step  in  advnoce.  Where  this  was  mnde  is 
not  at  all  rerlain;  probably  in  the  dockvardi  of 
Tyre  or  Sidon.  But  the  Greeks  were  quick  to 
adopt  the  inventions  of  their  Oriental  rivals. 
Wealthy  Corinth  was  naturally  the  first  place 
in  Greece  to  eihibit  the  new  model,  and  to  use 
its  superior  powera  for  the  purpose  of  clearing 
out  jiirates  and  protecting  lU  growing  commerce 
(Thuc.  i.  13).  The  Corinthian  shipbuilder 
Ameinocles  made  a  name  and  fame  for  himself, 
and  marked  an  epoch  iu  the  maritime  history  of 
Greece,  when,  about  the  year  700  B.C.,  he  con- 
structed four  of  the  new  sea-going  three-banked 
type  of  galleys  for  the  Samians. 


Befora  proceedmg  to  the  description  of  the 

that  according  to  the  evidence  to  be  gathered 
from  anciCDt  author  tiea,  the  principle  of  one 
mon    (0   each   oar    was  always  observed.      The 

been  complicated  by  the  neglect  of  this  prin- 
ciple on  the  part  of  authors,  who  hare  sought 


r  had  a  secTion  ol  ■  tr 
menu  conslrncled,  aad  placi 
ol  tbnr.  to  row,  and  the  di 
ft  but  U  was  practJcaltj  si: 


NAVI8  I 

for  a  BolulioD  of  diSicultiei  by  reference  to  lie 
mediaeval  galley  with  its  long  iwrepi  wiirM 
by  three  or  more  oarsmen  apiece.  The  uaait> 
knew  nothing  of  sach  a  system,  nor  hu  u; 
sulficieDt  erideDce  been  brought  forvsrd  t<i 
support  it.  When  we  reflect  that  to  the  nrli 
shipwright  sharpness  and  length  («£  e[alhfU 
Svi},  fuucpd)  wer«  the  essential  ideal  in  (he  cot 
etructioD  of  the  fighting  gnllev,  and  Ibal 
increase  of  beam  involved  increaie'or  bnlk,iti> , 
not  surprising  that  the  narrowneaofthenUFU  ; 
should  <Ji  initio  have  restricted  the  length  of  Ik 
oar,  and  have,  lo  to  speak,  preTeDt«d  Iht  \in 
of  double-banking  tbe  oars  from  entering  iato  ] 

When  in  early  mediaeval  times  the  Pnmiv  ■ 
was  superseded  by  the  Apottis,  then  the  ifitfr 
of  long  heavy  oars,  worked  by  two  or  more  men.  I 
came  into  vogue,  but  not  before.  j 

It  should  herealsobeobserred  that  the  uni' 


difference  which  hai  not  to  do  with  Ihed«., 
(incnirrpuua),  hot  with  tbe  sides  of  tbe  ■n-i'\.\ 
In  the  Aphract  veuel  the  upper  tier  of  lonr- 
veie  unprotected  and  exposed  lo  view.  :in! 
Gonseitntntly  to  the  enemy>  miuiles,  tbangk  iii 
some  of  the  earliest  vestela  we  do  see  wO' 
attempt  at  protection  In  the  way  of  plantioi;. 
or  (as  commonly  in  the  Vikingi' ship))  ihield. 
set  np  round  the  bulwarks  lo  afford  a  (oreiir: 
to  the  crew.  But  in  the  Cataphmct  clus,lri- 
rowers  of  the  upper  tier  were  entirely  oal'i 
cover,  behind  the  wall  of  the  Parodui.  a  pn- 
jecting  gangway,  which  screened  them  '"if 
from  the  sight  and  from  the  missiles  «f  tV 
enemy.  The  speciality  of  the  coostmctioD  »■ 
sufficiently  important  to  differentiate  the  t>" 
classes,  as  Aphract  and  Cataphract- 

In  the  detailed  description  of  the  trinu' 
which  follows,  amid  a  multitude  of  ronflictio! 
opinions  we  have  in  the  main  followed  Giw-i 
and  Cartault  as  the  niont  trustworthy  anthori 
lies.  The  subject,  aa  is  well  kno«-a,  has  a  rut 
and  still  accumulating  literature  of  it"  (•"•■ 
Since  the  distorery  in  1834  of  a  number  "I 
inscriptions  which  proved  to  be  inventotiei  ''I 
galleys  and  their  gear,  belonging  to  the  doci- 
yard  nt  the  Piraeus,  dating  from  a  \*!'-^ 
posiiblv  not  more  than  filty  years  altrr  i^: 
Peloponneiinn  war,  the  whole  queition  has  beni 
placed  upon  a  new  basis  bv  the  labours  of  Boe^^li 
and  Graser,  and  after  them  of  Cartault  so.| 
BreuiiDg.  The  evidence  that  we  have  to  ttli 
upon  as  regards  ancient  ihipa  of  war  tonjiii'— 
(1)  of  passages  from  aucient  authon,  and  (J)  I 
eiplanation;  of  term)  in  the  scholiasts  aod  1^" 
cographera.  Besides  these,  there  are  (fur  )«otr 
centers  and  biremea,  but  not  for  triremes)  ih' 
representations  on  vasea.  The  represeBi»i""oi 
on  coins,  though  numerous,  are  useful  only  ■' 
regards  types,  the  scale  being  too  amall  lo  p" 
certaintyas  to  details.  But  very  fewbai-reli^ii 
or  marbles  or  frescoes  have  antviTed  whul 
.ny  light  upon  ni 


rule,  in  tht 
glorify  the  1 


repr. 


entatioi 


I  the  I 


in  figure,  has  treated  all  the  «'■ 
cessonei  in  a  conventional  manner,  dwarfing  Ihi 
rest  out  of  all  proportion.  We  are  thertfof 
chiefly  dependent  for  our  infonnatioD  oT-'i 
ancient  teits,  and  mutt  accept  with  caution  sn' 


NAVIS 


215 


i:i  iIk  cluiiGoitJaD  of  ancient  veueli  wc  find 
iirttiiiiiutioii-cfKitcrtrriDg  lo  number  of  wrs 
—f.i-Tftanrnfmj-rti'rtiKiifropQs-  wh«reiu  the 
■.noiiiillon -lipiiJ  or  ■■poroi  refers  lo  banks  of 
.iF^^j.  furiiflll,  inijnff,  Tpi^nji,  up  lo  the 
ticul>(itn<  ol"  IMtmetrina  PoliorcetH  aad  rtir- 
ruuiiirTV<l<  cf  PtolciDT  Phllopator;  /uieiKpo- 
ui,liitfiffm,Tpiitporot,it.T^k,  It  i«  thiiqueHtloa 
1 1 IBF  ^upcrpniliou  ofth*  baaks  of  oars  nbich  i> 
IK  QUD  problrm  to  be  lolTed.  TbtM  bank>  or 
ruL^s  uf  iffln  Ton  called  arfji^oE  or  TopiTfA^Ta 
i:'.,;.i.9J).  In  th«  trireme  there  were  three, 
■3iM  mpectiiely  fpannu,  (iyim  or  (iryiToi, 
ml  ioU/usi.  flBAoruroi  or  taXAiiantt.  Of  theie 
lui  taruitei  rosed  with  the  longest  oari,  ind 
tin  the  highat;  the  zfgites  occupied  the 
i:.;:.i  itMgt;  tbe  thalamite  the  lowest,  and 
icoi  Drfd  cb*  ihoTtwt  turs,  and  eameJ  leait 
|iv  tnauK  thej  rowed  with  ihort  oari  (Iii  rb 
•'Udti't  xfihrOai  niwiui,  Schol.  ad  Thiic.  ri. 
Ml,  Tbu  the  rowen  in  three  ranki  in  the 
itii^e  cunot  hire  been  leparsted  by  decka,  m 
hm<  luihora  hare  held.  !•  talRcieDtlj  proved  by 
\ii>  pudge  in  Arulophanei  (£an.  10T4}.  The 
i^naitt  eat  nearett  the  alern,  tbe  ifglle  neit 
'tajDj  him,  and  the  thatamite  neareat  tbe  prow 
iituh  Kt  of  three,  which  wu  thus  arranged 
'  I  J^nelr.  probably,  thongh  not  certainly,  in  the 

If,  liie  Inmne  the  nninber  of  thranit**  waa 
■■-:  of  irgitea,  58;  thnlamitef,  64.  Thia  give* 
'i^  neb  tide  the  aeriea  of  3i,  29,  27 ;  the 
t>li:crJ  nnniber  in  the  lower  ntnka  being  necea- 
--:iitd  bj  the  contraction  of  the  apace  nearer 
11^  iiler-liK,  owing  to  the  curvatore  of  the 
'-■^I'i  lidei.  Henca  at  each  end  of  tbe  veatel 
"  ^<ii  in  the 
1  two 

!.!-i  The  whole  ordinarj  rowing  atrength  of 
U'  mteniea  wna  174.  Sometimes  the  euper- 
t'^Fruita  (repiMo)  had  to  help  with  oan,  the 
:^:;i-t9  ;[  nhich  ia  gircn  in  the  Attic  tables: 
"t^  ire  aoppoaed  to  hare  rowed  From  the 
y^riAai.  and  to  hare  atruck  the  water  beyond 
'■-'  inranile  ova-  Their  length  is  given  *a 
1,44  Mt.  Wc  hare  laid  that  the  oirsmen  aat 
i:  iablr  in  the  same  vertical  plane,  disposed 
^^{stlJ'  one  Iwhind  the  other,  the  tbranite  of 
1 '.  ^tl  of  three  being  ncaieat  the  item.  It  is 
■,i;Mt  that  the  tbranite  oars  were  a  little 
■s,ntr  than  thoM  of  th*  wtpiiim,  mentioned 
■—''.  They  would  in  fact  be  not  very  much 
•  '.fci  than  the  oaia  ordinarily  in  use  in  our 
Ltirersity  eight*. 


ft.  behind  the  tbranite;    (he  Ihalamile  the 

me  di&lance  beiiind  the  zygite.      The  zygite 

its  were  2  feet  below  the  level  of  the  thra'nite, 

d  the  thalamile  the  same  below  the  ireite. 

Thia  dispositioD  of  the  rowers  aa  illustrated  by 

Ihe  figure  seemi  at  firil  light  lo  be  crowded,  but 

'    il  eiperimcDt,  tried  aa  above  men- 

ed  that  the  oarsmen  had  plenty  of 

•  movement  of  their  onn,  and  thnt 

there  wa>  no  danger  of 'clashing  with  the  oars 

of  separate  banks.    The  motion  of  rowing  wan, 

a>  ihonn  in  the  bas-relief  of  the  trireme  figured 

below,  with  very  little  forward  itictinatiun  of 

the  body.     The  arms  were  well  extended,  and 

then  the  weight  of  the  bodv  ihronu  on  the  oar, 

of  the  stroke  folloniug  the  i,ir  Sr, 

oira^  with  the  incidence  ofthe  blade 

the  last  sound  (e.^.u^  marking 


Acnpolts  Trireme.    (Fmm  Boumelster.) 

In  rowing  the  lygites  fell  baih  between  the 
knees  of  the  th  ran  I  tea,  and  the  thalamitcs 
between  those  of  the  lygiles;  tbe  two  upper 
banks  having  an  a;ipiii  fur  their  feet  on  either 
side  of  Ihe  man  in  front  of  them  in  the  next 
bnnk  below.  The  port-holes  for  the  thnlauiite 
oars  are  placed  by  Graaer  at  3  feet  above  (he 
water-line  (Cnrtault  reduces  ibis  distance  to 
1  fl.  6  Inchea)  ;  and  if  we  allow  1  foot  abovethe 
heads  of  tbe  tbranite)  (including  the  thickness 
of  the  deck  and  the  crosa  tinibera  aupporting  it), 
we  have  the  deck  of  tbe  trireme  11  feet  above 
the  water-line.  The  aygite  port-holes  were 
vertically  2  feet  above  the  thalamite,  and  the 
tbranite  tbe  »ame  distance  above  the  zygite ;  tbe 
zygite  port-hole  was  horizontally  1  foot  nearer 
tbe  b.iws  than  that  of  the  tbranite  of  the  aet  of 
three  to  which  he  belonged,  and  tbe  thnlaniite 
port-bule  1  foot  nearer  tlie  bows  than  that  of 
the  zygite  of  his  Ht.  Taking  the  Vitruvinu 
intcrscalmium  of  2  cubits  at  the  normal  scale, 
we  shall  thus  have  94  feet  for  the  I'7(cad>'  or 
rowing  space  of  the  trireme. 

Viewed  from  within,  if  we  adopt  Graser'i 
hypothesis,  the  trireme  must  have  had,  when 
ready  far  sea,  and  before  the  crew  had  come  on 
board,  the  appearance  of  a  long  cloister,  a  cen- 
tral space  of  7  feet,  and  on  either  side  uprights 

and  (brming  the  support  of  the  deck.  From 
the  foot  of  each  of  Iheae  uprights  n  strong  piece 
of  limber,  probably  cut  plank-wise,  inclined  at 
an  angle  of  about  62°,  reached  to  the  head  of 
the  u[>riEht  neit  to  it  nearer  tlie  stern.  Be. 
tween  these  and  the  vassel'a  aides  were  attached 
tbe  lyga  or  rowers'  seats.  Theae  seat*  were 
part  of  the  ship's  furniture,  and  i-emovable,  aa 
is  seen  from  the  Atlic  tables.  A  vessel  fitted 
with  them  was  said  to  be  Sni^uf :  not  fitted, 
&(«(.  To  the  system  of  upright  and  inclined 
timbers  thns  constituting  the  rowing  quarters 
of  the  crew,  Graier  attaches  the  term  Siafpiy- 
^To.  (Boeckb,  liv.  6, 145  ;  Iiacr.  3144,  S2T1, 
,  31S4.) 


216 


NAVIS 


NAVIS 


The  crew  was  so  densely  packed  that,  as  we 
learn  from  a  passage  in  Cicero,  there  was  not 
room  for  one  man  more.  They  entered  in  a 
regular  order  and  took  their  places  in  accordance 
with  the  strictest  discipline,  and  similarly  dis- 
embarked. Each  man  had  a  cushion  (umypcVioy) 
to  put  upon  his  bench.  The  oars  appear  to 
have  been  graduated  ai  regards  length  inboard, 
80  that  those  amidships  were  longer  inboard, 
though  striking  the  water  in  the  same  line  paral- 
lel to  the  axis  of  the  vessel  with  those  of  the 
same  bank.  (Hence  the  comparison  of  Aristotle 
and  Galen  to  the  fingers.)  This  confirms  the 
opinion  that  the  oarsmen  in  the  trireme  sat  all 
in  the  same  vertical  plane,  or  nearly  so;  the 
thranite  sent  in  the  trireme  being  about  7  ft.,  the 
zygite  5  ft.,  and  the  thalamite  3  ft.  above  the 
water-line.  This  would  give  ns  13  ft.  6  in.,  10  ft. 
6  in.,  7  ft.  6  in.  respectively  for  the  average 
length  of  the  three  banks ;  the  midship  oars 
having  somewhat  more  inboard,  and  possibly  a 
heavier  blade  than  thosc*fore  and  afb.  The 
Virgilian  *^  triplici  pubes  quam  Dardana  versu 
Impellit,  terno  consurgunt  ordine  remi  '*  {Aen. 
v.  120),  gives  an  exact  picture  of  the  stroke 
(versus),  i.e.  the  work  of  the  oar  in  the  water, 
and  the  recovery  (consurgunt).  In  the  trireme 
the  triple  versus  were  2  ft.  6  in.  apart,  on  a 
line  at  right  angles  to  the  vessels  side.  The 
recovery  would  exhibit  the  oars  rising  in  three 
banks.  The  rowing  port-holes  were  protected 
by  leathern  bags  {a<TK<ifiara\  through  which  the 
looms  of  the  oars  passed.  These,  if  the  sea  was 
at  all  rough,  prevented  the  wash  from  coming 
through  the  oarports.  The  oars  were  apparently, 
if  we  may  judge  from  the  representation  from 
above  (p.  215  6),  rowed  with  the  lower  handover 
and  the  upper  hand  under  the  oar.  This 
implies  a  considerable  angle  to  the  water. 
Perhaps  the  thalamite  had  both  hands  over.  It 
is  a  moot  point  whether  they  rowed  against  the 
ffKa\n6sy  the  wooden  pin  or  thowl,  or  against 
the  thong  (rpowtrrtfp)  by  which  the  oar  was 
fastened  to  it.  Looking  at  the  weight  to  be 
moved,  it  seems  not  improbable  that  the  latter 
was  the  case.  At  any  rate,  it  is  very  frequently 
so  in  the  Levant  at  the  present  day.  They  would 
certiiinly  have  been  less  liable  to  breakages  at 
starting.  The  position  of  the  oars,  ns  shown 
in  the  woodcut  abov,e  (p.  212),  would  seem  to 
indicate  that  this  was  the  case  in  the  pente- 
conter. 

According  to  Graser,  the  floor  of  the  vessel 
(ficupos)  was  1  foot  above  the  water  in  the  Cata- 
phract  class.  Below  this  was  the  hold,  and 
through  the  floor  a  hole  through  which  the 
buckets  used  in  baling  were  passed.  The  keel 
(Tp6Tis)  had  considerable  camber.  Under  it  was 
a  strong  false  keel  (x«Av^fia),  very  necessary  for 
vessels  which  were  frequently  drawn  up  on 
shore.  Above  the  keel  was  the  kelson  (Pp{>oxoVf 
columha),  under  which  the  lower  ends  pf  the  ribs, 
probably  3  feet  apart,  were  fastened.  Above 
the  kelson  lay  an  upper  false  keel  (Ztvrdpa 
rp6wis),  into  which  the  masts  were  stepped. 

The  stem -post  (ffrupa)  rose  at  an  angle  of 
69°  to  the  water  from  the  keel ;  within  was  an 
apron  {^d\tms\  giving  solidity  to  the  bows, 
which  had  to  bear  the  weight  of  the  beak  and 
of  concussion.  The  stem  was  carried  upwai*ds 
and  curved  sometimes  forwards,  but  generally 
back,  terminating   in   an   ornament  c;illed  the 


acrosiclium  (ikKpoar6\iov),   Of  this  every  tarictr 
is  to  be  seen  upon  the  coins. 

The  stem-post  was  carried  np  at  about  the 
same  angle  as  the  stem,  curving  upwards  and 
forwards,  and  terminating  in  an  ornament  calleJ 
i^Katrroy,  aplustre.  Sometimes,  as  shown  chiedr 
in  later  instances,  the  stem-post  was  orou- 
men  ted  by  a  swan  or  goo^e  head  (xiiWctkoO. 
curving  downwards  behind  the  prolongation  <•:' 
the  stern-post,  symbolising  no  doubt  the  floaiic; 
powers  of  the  vessel. 

Round  the  hull  of  the  vessel,  horizontallr  a: 
about  the  level  of  the  feet  of  each  back  •.:' 
rowers,  stretched  waling-pieces  (accordinj^  t  • 
Graser,  vo/icis :  CartAult,  ionrrripts),  and  in  tii<- 
case  of  the  Attic  triremes  the  sides  of  t.i<« 
vessel  were  again  strengthened  by  long  cab^^ 
(vro^(»;«ara),  which  were  bound  round  the  »hi{> 
from  stem  to  stern.  These  tightened  by  shrink- 
ing when  wet,  and  gave  additional  secnhty  to  the 
vessel,  which  from  her  length  and  narrow  beam 
and  lightness  of  build  was  apt  to  strain  in  bal 
weather. 

On  either  side  of  the  vessel,  about  the  UxA 
of  the  thranitic  bench,  projected  the  gangway 
(irapo8«f,  /on'X  giving  probably  a  passage  *>i 
about  3  ft.  wide.  The  Parodns  was  supportt! 
bv  brackets,  the  lower  ends  of  which  found  ■ 
footing  in  the  waling-piece  below,  and  prolaUv 
an  attnchment  to  the  ribs.  It  was  also  fnoct- 1 
in  by  an  upright  bulwark  extending  the  wh<- •» 
length  of  space  occupied  by  the  rowers.  Tn** 
ribs  from  a  point  below  the  Parodus  cnrrevi 
upwards  and  inwards  to  a  level  10  inches  abore 
the  heads  of  the  thranites.  Upon  them  at  this 
height  were  placed  the  cross-beams  (ffrpur^pts) 
which  supported  the  deck  (Kardffrpvfia).  This 
was  a  clear  3  feet  above  the  vipoioSf  thas 
allowing  the  marines  {imfidreu)  in  action  frre 
play  for  their  weapons  over  the  beads  of  the 
supernumeraries  (rtplytif)  and  seamen  whose 
place  was  in  the  xdpioios. 

On  either  side  the  main  deck  rose  an  open 
lattice-work  {canceUi\  seen  as  such  in  Aphract 
vessels,  but  in  the  Cataphmcts  usually  corered 
with  hides,  or  with  goat's-hair  curtains  (cilicium), 
such  as  St.  Paul  may  have  worked  at  with  bis 
hands. 

Beyond  the  space  occupied  by  the  rowers 
there  was  the  irapc|«ipco-(a  of  11  feet  at  the 
bows  and  14  feet  at  the  st«rn,  which  took  the 
place  of  the  Xxpia,  noticed  in  the  Homeric 
vessels.  In  the  bows  there  was  an  elevated 
forecastle,  serving  to  protect  the  vessel  in  a 
seaway  from  the  waves,  and  as  a  station  for 
flghting  men  in  combat.  On  either  side  of  the 
bows  was  a  hawse  hole  which  figured  as  the  eye 
(^aA/xds)  of  the  vessel.  Here  also  was  the 
mipdfnifioy  or  badge  of  the  vessel.  Behind 
this  projected  the  catheads  (4wrl9€s)  on  either 
side,  which  in  the  case  of  the  earlier  Attic 
triremes  seem  to  have  been  merely  sufficient  te 
hold  the  anchor.  They  aflbnled,  however,  a 
natural  protection  to  the  parodus.  In  the 
Corinthian  build  these  were  greatly  strength- 
ened nud  backed  with  stays  (imipfScs,  Thuc. 
vii.  36)  within  and  without,  so  as  to  receive 
the  impact  of  the  light  Athenian  trireme,  nnd 
to  indict  the  dnmage  they  were  intended  to 
suffer. 

In  front  of  the  stem  the  prolongation  of  the 
two  upper  waling-pieces,  meeting  from  either 


NAVIS 


217 


>ije,  pruJKUd  0D«  iboTc  the  other  and  net 
oiled  ft/iAilut,  wfotfifiiKtar,  rctpfctiiclt 
Tbi  pnrptM  of  tfatsc  »enis  to  bare  been  to  gir 
I  iokI  «beD  preiHd  b;  the   bcnk  «  Tsckin 


Bdtlita  Mdki 


blow  iboTt,  thni  mikiog  her  he«l  over  and 
tub;  her  off,  *o  thil  the  attacking  reiiel  might 
mon  readjij  dufDlaogle  herself  bj  bickinj 
'Iter.  UnderDeatb  Uit  prolDDgatioD  of  the 
:^»tt  n-aling-^eces,  «n4  probaWr  of  the  keel 
itHll^  met  aod  fornied  tbe  IttfioKar,  roiinim,  or 
ink,  at  about  lh«  witei-level  (Id  the  ear); 
■■laa  a  little  abore,  later  below);  this  wn> 
.-cDenllr  caied  Kith  metal.  In  the  enrlier  Attic 
it  projected  about 


il  the  Cdt 


n  build  » 


Hotter  form,  and  a  diTision  into  three  leeth, 
'iiicli  took  tbe  place  of  the  long  aharp  >piir. 
The  eleratioo  of  the  ipnr  wiu  necetury  in  the 
l:|hlfr  retaelt,  which  were  frequeollf  beached 
-md  draaa  up  on  tbe  ihore.  Id  the  larger  ratea, 
'lib  nhich  thia  waj>  do  toDger  feAiible,  the 
■par  came  to  be  depreased,  and,  when  tha> 
liswn   in  artiitil  repreaentatioiu,  itidicatei  ■ 

Quarttr-daAi, — At  the  item  waa  a  raiaed 
1Buttr-4eck  on  which  the  helmamao  {nvfitf 
'irv)  aod  the  trienrch  or  captain  had  theii 
)'Ue.  The  qDarter-4eck  woi  the  lacred  part  of 
^  Mf.  Here  wu  the  image  of  the  patroa 
H  or  piddtw  (Ear.  Iph.  A.  209).  Here  alio 
i*v  the  htem  rem  the  flaptdlF.  on  which  wai 
toBled  the  |«nDiiDt,  and  froni  which,  in  the  taae 
'(  the  admiral'i  ihip,  the  red  flag  gare  the 
"pal  for  actkiD,  and  tuch  other  lignali  for 
uamrring  ai  were  from  lime  to  time  re- 
futed. 

^Cktm^  ^nr.— The  trireme  wai  ileered  bj 
'■0  paddle*,  which  worked  in  lockela  attached 
'"  ihlier  ude  of  the  Teiut.  Ihete  had  tillen 
(•luii)  in  the  opper  purt  of  the  loom  («ix*'!i 


by  which  the  helmsman  could  (urn  the  bladei 
at  an  angle  to  the  renel's  course.  Id  the  larger 
ship),  qninqueremcs  and  ujiwardi,  it  i>  probable 
that  the  steering  was  eHecIe<l  bf  meam  of  a 
rope  (xi^irbi)  nttat;hed  to  the  tillers,  and 
piisaing  over  wheels  (tj)dxi*'"0.  which  gara  tbe 
helmsman  the  power  to  turn  both  rodders  by  a 
sini!l«  elforC  rimuttaneouslT. 
the  t 


rrij  itnTtiorX  hut  j 
.  me  use  of  sails  was  a 
nal  mode  of  propulsion. 


;wo  masts  (.Vrir 
to  be  remembered 

'hen  any  fighting 
^liered,  if  possible,  uf 
the  weight  of  large  mnat  and  sails,  which  were 
left  nshore.  Hence  it  is  difficult  to  agree  with 
Gmter  in  his  restorntton  of  a  full-rigged  trireme 
with  tbree  masts,  and  enough  caUTai  spread  fur 

The  utaHfeii  of  the  Homeric  ressel  had  its 
place  taken  by  vaporriTai,  uprights,  which  had 
their  footiDg  on  either  side  of  the  \iiths  or 
roast-hole,  into  which  the  heel  or  foot  of  the 
mast   (rripra)    was    stepped.     The  wapaaTiTai 


tbva 


ollar  C«\o,i,). 


The  aperture  in  the  deck  throagh  which  the 
roast  passed  was  sometimes  called  leroiiini. 
Wedges  (o-pfl»it>  were  driven  in  ruund  the 
■     ■      r  ittight  (Ap.  F 


The  n 


.Ird   0, 


ODDded 


ift  {laretiitii,  KiliniC).  At  the  top  of  the  i 
was  the  ijAoicdTi?,  which  was 
base  by  the  top  (vapx^'O)-),  ii 
hj  a  breastwork  (BtipdKinr).  Abore  waa  a  small 
mast  (irpajtroi),  which  carried  the  peonsnt 
(inffeW).  The  anil  was  carried  on  n  yard 
iiwUpuir,  Mpalo),  same  times  made  of  two 
piece*  (Athen.  li.  p.  47S).  It  does  not  appear 
anywhere  that  more  th^n  one  yard  was  cariiech 
by  any  mast,  though  spare  ynrili  were  supplied 
to  the  Atbenian  nary.  The  yard  was  attached 
to  the  mast  by  a  collar  (GfKoini,  &7«oini  tnKi,): 
and  if  we  can  take  Serrius  {ud  An.  t.  409)  as 
an  authority,  tbe  ancients  were  not  unacquainted 
with  "  parrels,"  wooden  balls,  which  enabled  the 
collar  to  be  ran  up  and  down  the  mast  without 
sticking  ("mil  us  quibuadam  malls  ligneiscingitur 
quorum  rolubilltate  vela  faciiiui  elerantar"). 
The  yard  waa  hoUled  by  haly.nrdi  ([/ulrr*i>, 
which  passed  orer  Tpe>:(A(ai  in  the  Kapxi'"'"- 
The  terms  mlAoi,  inlAMi,,were  generally  applied 
to  all  the  cordage  of  tbe  rigging,  and  specially 
in  larger  resseli  to  the  shrouds  which  served  to 
keep  the  mast  in  its  place. 

The  sail  (Tittkv)  was  often  made  up  of  pieces 
made  separately  and  stitched  together  (whencs 
the  plural  lima  often  means  only  a  single  sail). 
The  only  kind  of  sail  known  by  the  Greeks, 
accorctiDg  to  Boeckh  (  Uri.  UI),  was  the  sqaare 
sail.  The  ttiam  V-iangtilare  of  the  Aleiaudrlan 
coni  ihips  was  of  later  date.  The  sails  were 
often  strengthened,  when  made  of  separate 
pierei,  by  strips  of  le.nther  sewo  orer  the 
stitching.     (Cf.  baa-relief  from   Pompeii,  Smith, 

Ib^ii^e  and  Shtpareak  nj  St.  Paul;  Joseph. 
Ant.  iv,  i-,  37,  wopi  rhr  iarhy  iri  wo*i  Ivrinur 
iroB^irarTii  ipi0uav>Tfi  rir  fivfiirir  rikt  ^at- 
$a\i!.)  The  sail  was  fastened  to  the  yard  by 
the  iTfpiT^riar,  which  passed  through  eyelets 
(Kpiim}  made  in  the  border  of  the  sail  (cf. 
Tafonpuitiy).  At  tbe  lower  eitremitiea  of  the 
sail   vera    the   ahecU  (w<(h<)  and    t»:ks  (wfi- 


218 


NAVI3 


Tha  aucienli,  initend  of  re«Rn;,  aj^)«>r  la 
hnve  brailed  np  their  nilt  (<rri\ktty,  •wafoiptir, 
ffwrr^AAiir),  so  u  to  reduce  the  area  eifxaed 
to  th«  wind  ;  and  thus  either  from  the  tide,  or 
tnta  and<m*atb  along  iU  whole  length  (Arut. 


""_j^^^^nn 

IlTm^ 

piSt 

-.■-^^^uyj^^ 

Pn6.  7;  j\r.  £7.  434,  Schol.).  (See  Grater, 
'Semmc,  far  numeroiu  instincei.)  The  ivord 
AraariUiu-  teema  to  have  been  uied  for  dd- 
braitlng  the  tail,  vhere  ve  should  "  ihnke  out  n 
reef"  (i:f.  ^{i^ku.  Find.  Pglh.  i.  176). 

The  jard  in  good  wenther  nas  hotited  to  the 
lo]i  of  the  ms<t  (Ar.  San.  999),  but,  if  the  wind 
frethened,  «ni  lowered.  Bracea  {Mftu)  were 
in  Dte  in  order  to  give  thc^ard  n  pntitiun  oblique 
to  the  keel  (cf.  Verj.  Ant.  r.  16,  "ObliquatiiHe 
ainu*  in  venlum  ").  The  represenlatioin  shnw 
aito  "liHt,"  but  the  proper  term  ij  donbtful. 
Ktfov^itii  (Ijat.  fwrucAu,  Loc.  PAari.  riii.  177) 
ii  perhapi  right.  , 

The  trireme  carried  two  maits,  the  main 
maat  (tffrbt  fiiyat 


.   placed    1 


-    the    fori 


utle.   and 


nearl}'  related  to  the  modem  bowtprit 
the  modern  foremntt.  Later  the  Itfriov  iiiaTejov, 
spritaaii,  wai  called  i  B6\a,r,  and  later  itill 
i  iprifmr  (Acta  iivii.).  In  all  piobabilitf  the 
fireeki  never  nted  mill  for  combat.  The 
mancBuvrei  depended  on  tha  oar*  for  motiTe 
power.  The  attempt  to  combine  the  uie  of  (he 
<aii,  where  great  agilitf  in  taming  and  much 
backing  water  (w^iirrir  iroKpoiiir)  were  con- 
stantly required,  conld  nnlj  have  comidicjited 
mntteri  unneceiwrilv,  and  led  to  ditaater  (Xen. 
Hell.  vi.  2.  27;  tiv.  Mvi.  39).  Ramming 
tactio  won  Id  hardly  have  been  pursned  with 
mainmntt  and  Ita  gear  atanding.  It  it  probable, 
however,  that  the  iiprit  iaortroi  WM  used  with 
it>  jird  for  the  emplo^ent  of  the  ttXiplt,  a 
heavy  weijht,  which,  on  coming  alongtide  of 
the  enemv't  veasel,  could  be  dropped  OD  hii 
deck  (cf.  thuc.  vii.  25,  where  the  bow.prita  are 
used  to  draw  the  pile*  in  the  port  of  -Syracuae). 

The  iprit-tnil  might  l>e  nted  to  eaae  the 
TOwen,  bot  would  be  furled  on  approaching 
the  eneror.  In  the  aame  war  it  might  b«  tet 
for  the  purpoiet  of  flight,  whence  the  eipreuion 
in  Plutarch,  ri  Ijcdriav  aptatai,  "  to  illp  oat  of 
danger."  (Cf.  Said.  s.  t.  SifAor :  Diod.  xi.  61 ; 
Liv,  iixTJ.  44;  Eur.  /.  T.  1132.) 

jliieAorj. — For  anchors,  the  Homerio  reiaeli 
uicd  ttonei  (efoW),  perforated  bo  that  a  cord 
iDuld  he  patted  through  them,  Anchon properl)' 
to-called   are   said   to   bare    been   invented    by 


KATIB 
Anaclunii  (Strabo,  vii.  p.  303;  ScboL  at  Ap. 
Rhod.  i.  1277).  The  anchon  were  fuiii-.bed 
with  fluke*  {iyiuirTfa),  and  from  tbe  reptewn- 
tatioDi  it  ii  clear  that  in  nwat  caiei  thei  bil 
ttocks  and  crowna.  By  the  ring  fajtened  lo 
the  Utter  they  wen  buoyed.  (Cf.  Ueiycfa,  s.  r. 
irapyirai:  Haui.  viii.  12,)  The  anchor  su 
carried  in  the  bow*,  aometime*  over  the  ipur 
(?\ai.  PsIA.  iv.  342: 

•pliuav  iynvtfn  i«^r): 
though  Brenaing  thinki  that  the  inrrU  is  ken 
intended  bj  the  word  I/iBo^jH"-     VsMeli  of  irsr 
carried  more  than  one  anchor.     Boeckb([7rtaiid. 
p.  166)  girea  four  to  the  Attic  trireme.    The 


Ancient  Anch< 


heaviest  wai  called  Upd  (Lncian,  Jnp.  Trig,  51) 
and  uie.1  in  the  last  resort.  We  find  dmu 
cablet  for  anchors  mentioned  an  uaed  br  tht 
Veneli  (Caea.  Bell.  Gall.  iii.  13) 

We  hnve  now  mentioned  the  principal  detiil; 
of  equipment  in    the  Grer ' 


I    theii 


a  the  GEoaiary  appended  i> 


ToUJIenslh 
Breadth  at  •nicr-Une 
At  Farodu 
Wlita  Fundas  . 

Deck  In  Cataphnct  cUta  ibove 

t>raugbl  ,        .        .        .        ,         .       et 

•CapadljofiriieBH  ....    Ml|io" 
Ueararementi,  jic,  according  to  CortaDlt; — 

Length  of  ryMwwof  .        ,        •        _       ^ 
Bonn < 

Sum II 

ToUi  length     .  ,      IIJ 

Breutthatirater-llDe      ...       11 
nre>dllta(  Farndua         .  .       lilt 

DriUBhl • 

M,  CirUult  reduces  the  height  of  the  ihilf 
site  port-hole*  above  the  water  U  H  (i..  f  *' 
0  dtmiuiih  the  instabiiitr  which  fomu  (I" 
bviooi  abjection  to  Ornier'i  dimeniioni  gi"^ 
bove. 

Taking  the  praportioiu  in  the  Acropolis  triirni'' 
9  be  eiact,  and  tbe  distance   from  tea*,  to  sc^t 

*  Oraner't  csicnlitton  ct  ibe  cqiacii;  e(  tlie  ulniK 


KAVIS 


NAVIS 


219 


and  hmd  to  hand  to  be  the  normal  3  feet,  and 
applpBg  the  scale  thus  obtained,  the  height  of 
the  Aphract  trireme  would  appear  to  be  even 
Itss  thin  that  assumed  by  M.  Cartault ;  that  is 
to  av,  apparently  not  more  than  8  feet,  if  so 
mach,  frcm  the  under^side  of  the  deck  to  the 
vater-]ine. 

A.-*  all  the  Attic  triremes  seem  to  have  been 
madi  on  the  same  model,  their  gear  was  inter- 
cbsQgeable,  an  arrangement  which,  in  a  fleet  of 
from  300  to  400  TesseU,  was  of  the  utmost 
importance  for  refitting. 

The  regular  crew  of  the  Attic  trireme 
<nn$isted  probablj  of  220  persons.  Of  these  174 
vfre  rowers,  yiz.:  62  thranites,  58  zeugites, 
'A  thalamitas.  To  these  must  be  added  10  epi- 
batae,  17  sailors,  1  trierarch,  1  icvfitprtrniSf 
1  rtmtK6rrapxoSt  2  roixopX"^  ^  wfM»pci^y, 
I  MXcMfr^f,  1  rpinpa^fis^  1  ^<rxap«^s,  making 
the  total  number  22(». 

The  number  of  epibatae  varied  greatly,  and 
depended  on  the  style  of  fighting  preferred. 
Tile  Athenians  held  to  speed  and  dexterity  in 
the  use  of  the  ram,  and  so  carried  but  few 
Hghtiog  men.  Xerxes'  great  fleet  carried  30 
marines  to  each  trireme.  Each  Chian  vessel  at 
the  battle  of  Lade  had  40  picked  men  as  marines 
00  board.  The  Corinthians  and  Corcyreans  had 
their  decks  crowded  at  the  battle  of  Svbota; 
and  in  the  great  harbour  of  Syracuse,  where 
there  was  no  spnce  for  their  favourite  ma- 
Quarres  (Dircpius  and  PerijAut)^  the  unfortunate 
Athenians  found  themselves  obliged  to  imitate 
their  enemy's  tactics  with  disastrous  results  to 
themselves  (Thuc.  vii.  70). 

The  bulk  of  the  rest  of  the  ship's  company 
consbted  of  the  aailors,  who  were  under  the 
orders  of  the  Jcv^epr^h^f,  and  whose  duties  were 
<^nnected  with  the  mast  and  sails  and  tackle  of 
the  ship,  and  who  are  supposed  sometimes  to 
htre  manned  the  oan  called  reptrce*  in  the 
Attic  Tables. 

Besides  these  were  the  officers,  five  of  superior 
ruk,  viz. :    1.  The  Trierarch   or  captain  was 
'tapreme  on  board  his  own  vessel,  though  under 
the  orders  of  the  arpcenty^s  when  in  company 
vith  the  fleet  (Dem.  c.  Polyd,  p.  1212,  §  19). 
MaoT  Athenian  trierarcbs  were  no  doubt  prac- 
tiiie-l  seamen,  but  the  state  burden  of  trierarchy 
must  constantly  have  fallen  upon  men  less  com- 
petent to  command  a  vessel.     Hence  the  great 
D'ed  of  baring  as  second  in  command  a  pro- 
fessional seaman.    This  was  (2)  the  icv^epr^riyr, 
originally  the  actual  helmsman,  but   in   later 
times  the  master  of  the  vessel,  under  whose 
<mlers  were  the  seamen  aitd  the  whole  crew. 
He  had  probably  risen  from   the   ranks,   and 
passed  through  all  the  various  stages  of  pro- 
notion,  so  as  to  have    intimate    and    special 
acqnaintanoe  with  his  professional  duties  (Ar. 
^l.  541).     It  is  probable  that  the  trierarch  had 
to  find  the  oflicera,  though  he  might  have  the 
'^v  furnished    by   the  state    4k    KartMkiryov', 
Nsturally  it  would  be  of  the  greatest  impor- 
tance to  htm  to  obtain  the  services  of  a  first- 
rat*  uvfitprffTfis,  on  whose  skill  depended  the 
urigation  of  the  vessel  and  its  safety  at  sea. 
The  references  to  his  art  (jcv/Scpnyriit^)  in  the 
philosophers    are  sufficient  to  show  the   high 
estimation  in  which  it  was  held  (Plat.  Hep.  vi. 
n.44a  E;  Gorg.  p.  511  D;  Arist.  Xhet.  2,  21). 

Hie  inferior  officers  were  immediately  under  his 


command,  and  through  them  the  crew,  espe- 
cially that  part  which  was  towards  the  stern 
of  the  vessel.  (Xen.  Att'ib.  v.  8,  20 ;  Econ. 
8,  14.) 

Next  under  the  tcvfi^prfrnis  of  the  navigating 
officers  was  the  irpctptis  (Plut.  Affis,  101),  who 
had  charge  of  the  crew  in  the  forepart  of  the 
vessel,  and  was  also  responsible  for  the  look-oat. 
Under  him  two  rolx^^X^^  superintended  the 
two  lines  of  rowers,  one  on  each  side;  the 
discipline  of  the  motive  power  of  the  vessel 
being  thus  provided  for,  while  the  voice  of  the 
jccAcverr^s  and  the  flute  of  the  rpiripa6\7is  pro- 
vided the  harmony  to  which  the  pulsation  of 
the  stroke  and  the  throb  of  the  recovery  against 
the  thowl-pin  responded  in  unison. 

Besides  these  an  important  personage  on  the 
staff  of  the  trireme  was  the  'wtyrfiK6in-apxoSf 
who  was  immediately  under  the  trierarch. 
(Dem.  c.  Poiyd.  pp.  1212,  1214,  §§  19,  24; 
Plato,  Leqes^  iv.  p.  507  A.)  His  function  was 
to  buy  all  the  necessary  stores,  and  to  feed  and 
pay  the  crew,  and,  in  a  word,  to  attend  to  the 
general  economy  of  the  vessel.  Under  his  orders 
for  these  administrative  purposes  the  ircXcv<rr^s 
seems  to  have  been  placed. 

An  interesting  question  arises  after  the  con- 
sideration of  the  construction  and  the  motive 
power  of  the  trireme ;  viz.  what  rate  of  speed 
could  be  obtained  ?  Unfortunately  the  instances 
from  which  any  deduction  could  be  drawn  with 
certainty  as  to  this  matter,  are  rare  and  incon- 
clusive. The  pace  of  sailing  vessels  has  indeed 
numerous  illustrations  (Ap.  Rhod.  i.  602; 
Lycurgus,  Leocr.  17  and  7U  ;  Thuc.  ii.  97).  The 
conclusion  drawn  as  to  these  mav  be  stated 
as  giving  them  from  six  to  eight  miles  an  hour, 
under  favourable  circumstances.  Now  the  tri- 
reme must  hare  been  able  to  overhaul  the 
sailing  vessel.  It  was  a  cause  of  terror  to  its 
enemies  and  admiration  to  its  friends  by  reason 
of  its  speed  (Xen.  Occon.  8,  8).  Yet  measuring 
the  man-power  as  compared  with  horse-power 
even  at  the  ratio  of  8-1,  which  would  give,  with 
Graser,  about  24  horse-power  for  the  propulsion 
of  the  trireme,  it  is  difficult  to  obtain  a  very 
high  rate  of  speed  as  a  result.  Graser  cites  an 
iiutance  (Xen.  Anah.  vi.  42)  in  which  it  is 
stated  that  from  Byzantium  to  Heraclea  in 
Bithynia  (a  distance  of  about  150  nautical 
miles)  could  be  rowed  in  a  day  by  a  trireme, 
and  was  a  very  long  day's  work.  From  this  he 
deduces  a  pace  of  from  9  to  10  miles  an  hour. 
But  the  passage  does  not  absolutely  exclude  the 
use  of  sails  as  an  auxiliary  motive  power. 
Given  a  long  vessel  with  fine  lines,  strongly 
built  in  its  Tower  parts,  with  all  the  lines  of 
resistance  converging  to  the  beak,  which  would 
receive  the  shock  in  ramming,  while  the  upper 
works  were  built  as  lightly  as  would  be  con- 
sistent with  carrying  the  weight  of  the  crew 
and  the  mast  and  sails  and  their  gear,  we  may 
conceive  a  pace  of  8  or  9  knots  to  have  been 
possible  with  a  strong  and  well-trained  crew. 
Such  speed,  if  at  any  time,  was  attained  by  the 
jcoXol  rpiiiptis  of  Athens  in  the  days  of  her 
glory,  when  her  maritime  superiority  was 
acknowledged  by  friends  and  foes  alike. 

At  this  point,  before  quitting  the  trireme,  we 
may  touch  on  the  development  of  the  ram  or 
beak,  and  its  effect  upon  naval  tactics.  Pliny 
refers  the  invention  of  the  ram  to  Pise  us,  a 


220  NATIB 

TuiciiD  piriU,  but  there  ii  not  much  to  inpport 
hit  (taUmcnt.  The  iDdicntions  givm  in  tha 
Kgjptinn  wall  reprwentatlons  (cf,  p.  208)  iodine 
D>  to  inf«T  that  the  East  and  aot  the  West  waa 
the  parent  of  the  invention.     At  we  hai 


n  Horn. 


The  Aisyrian  bireme  given  above  ii  perhaps  the 
earlieit  actual  repreKntation  of  tho  beak.  In 
Dioduru),  Stmiramii  i>  credited  with  the  con- 
struttion  in  Cactria  of  reaieli  of  war  with 
biaien  beaki,  tha  craws  of  which  were  fornished 
from   Phoenicia  and  Sjria.    Tha   early  Greek 


CoJDfofPluiseUL 


Coin  nr  SuiM. 


(cf.  Herod,  iii.  59),  which 
1^  became  typical  uf  the  Sa- 
mlan  navy.  Hence  the 
Saaiama  with  which  tha  Samiao  priioDen  were 
branded  hj  the  Atheniana  (440  u-c),  which 
PiuUrch  eiplnina  to  be  the  irooge  of  a  kind 
r>f  vea»l  invented  by  Polycratei,  low  in  the 
fore-part,   wide  and  hollow  in  the  iidei,  light 


eipediti 


I  boar'«  hea 


Lowest  waling-piecei  on  either  side  prolonged 
to  meet  a  itrong  timber  projecting  from  the 
end  of  the  keel,  which  i,tii1  had  contiderablt 
camber,  met  <o  a>  to  form  a  itrong  beak 
just  above  the  a-aier-level.  The  thoek  nf  nia- 
iniDg  would  thus  be  received  along  the  line  ui 
greatest  leiiitance.  But  with  thii  eiccptinr 
the    lightneie   ncceuary    to   the   speed    of    tht 

Corinthiaiu,  cutting  down  the    huw>    of  thi 
veMeli,    ihorteniog     the    benkt,    nnd     greatly 
slrangthpniug  Ibe  two  catheadu  on  either 
determined    to    meet    the    Athrciaii)    atem-on 
(ipoo'/SiiX^),  which  wBi  thought  by  the  Utiar 


work  of  the  Dorinn  vesi 
receive  the  blow  of  (he 
brenk  up  the  light  uork 
great  catheada  served  to  t 
piffia  and  parodua,  and  ei| 


do  by  . 


11  tbii 
skill  and  speed  1c 


:■   n-ai   suflicient   U 

lehiod  it,  while  thi 
ir  away  the  niptfei- 

f  of  manipuvring  the 
yet   the  increase  of 


rnlly  led  to  the  atUmpt  t< 


Corinthian  Gulf 
(Tbnc.  ii.  B3).  The  formation  of  ■  lemictrcle 
{laiiala  ctaaic,  ^JiroiiSet  aT6\^)  was  alio  com- 
mon (Herod,  viii,  16;  Lucan,  iv.  45:  Prop.  iv. 
3«0;   Veg.  iv.  45)._,  Tho  c 


15  ;    Thuc.  ; 
■  lini 


i :  firsAhe  dierplra  (Herod,  v 
19,  vii.  3ij).  rowing  thro     ' 


'ith  n 


n  passing,  i 


d  then 


y  and    ramming   him  before   he  could  gel 

round.  To  effect  thi»  euccenfully  was  regarded 
as  the  acme  of  tkill.  Second,  the  priplM  (Xen. 
Ntll.  i.  6,  31 ;  Thuc.  ii.  M  :  Ar.  Ran.  MS),  id 
which,  while  the  front  line  altncked  as  Dinal,  * 
portion  of  the  aqnadron  wheeled  round  (at  in 
cavalry  tactics)  and  took  tha  enemy's  lleet  in 
flank. 

Shipi  lightmed  befort  natal  octwN. — Polyh-  "■ 


:  Uv.  iiji.  14, 1 


Ti.  43. 


iv.43; 


Action  onlii  in  calm  vtalhtr. — Veget.  i 
Lacan,  iii.  522;  Lir.  iiv.  27,  ixvi.  39. 

Action  atoided  in  nomnct  Iry  nperiur  fixt. — 
Veget.  iv.  46;  Thuc  11.  83  ft.  (Phonnio);  Appia'i. 
B.  C.  V.  96  (Calvislut);  Polyb.  i.  49  (action  ■  f 
Roman*  with  Adherbal);  Uv.  iXTiii.  40:  Dio<l. 
Sic  liii.  49  (AtheniuiB  and  Mindaros);  Polvita. 
iv.  6  (Nicaoor). 

Sailt  tiiAtn  IB  before  tgHi»i  and  mail fhrtrA 
■   44;  Polyb.  i,  61 ;   Xtn.  Hdl.  vi.  i 


(Iphic. 


Smnll   miit   uied  in  /tight. — Uv 
"  sublatii  dolonibut  effuta  Cajftrt  ") ;  neruu 
4  (Samiant,  from  Lada) ;  Polyb.  ivL  15> 


I.  45 


Oriert  of  baiSt.—Ur.  iixri.  44,  ixiTii.  S3  ; 
I'olib.  J.  49,  61 ;  l>iod.  Sic.  liiL  97. 

;'i:7^'ircie.— Laciu,  it.  4j',  Sllitu,  liT.  367  ; 
r.il.ti«i.  iii.  10  (Tiiootheiu) ;  Propert.  it,  380; 


III  10  forthfr   innontioiu.      The   quodrireme 
(n.D.  H.  .V,  Til.  §  57  ;    Diod.  liv.  41,  42,  |>ro- 

iatlr  iiiT(nl«il  br  Csrthaginians  unit  ndopted  by 
'■    ■-  =  !»  of  Sy'raiott,  aboDt  400  u.c.)  tAii' 


[  IT  motirt  power  of  6ti  n 
ici  Inadtli  b 


Mglh 


ilightlf  increased. 
cier«me,  wnicn  pricticiiJlj  aupeFAeded  the 
t.irtroe  u  the  typiail  man-of-nar  in  Ih*  3rd 
jiil  2iid  c«DtaTk«,  bad  •  copipltiuent  of  300 
'UimeD,  according  to  Poljbiai  (i.  26,  7),  whiU 
tiK  incnue  in  height  aiid  general  dimengioos 
>u  nul  TCTT  great.  The  Atbeaiaus  appear  to 
btre  hid  a  certain  number  of  qnsdriremei  in 

r  lonUuaea  in'tbe  Attic  Tablet  (Boeckh,  Urk,  lir.) 
Irlrng  to  3'J5  B.C. 

Tbe  foUoaing  table  giTei  the  retatire  propor- 
tiou,  iccordiDg  to  Gruer ; — 


JTrtnm 

Quadn- 

Qulnqne- 

-* |. 

I» 

159t 

1B8 

■.nil«<to«4U.     .     . 

M 

Ue«h.  of  deck  atore  1 

i 

13 

U 

t«"rt< : 

H 

10 

lit 

V.ilbdg(.[.     ... 

»1 

u 

» 

•inter  girei  the  nacnbet  of  rowen  thin; — 
Tr.:>mt,  174;  quadrireme,  240;  quinqnereine, 
■'■:■':  heieno,  3*ii  bepterea,  462;  octeret,  514; 
tuiaet,  630  ;  decerei,  720. 

The  qainqnereme  wai  eoon  eiceeded,  though 
T.({  >Dper»ded,  bj  larger  ratea.  It  plafg  the 
nitt  JDjportaDt  part  iii  naval  hiilorv  up  to  the 
'^acof  Acliam,  Then  with  the  rictorf  of  the 
liQuniani  the  larger  rates  fe!l  intodiirepnte,  and 
"'.!  art  of  conatruiting  them  gradually  decayed. 
'  Tnt  itudtnt  will  find  intemting  deicriptiona  of 
'i^al  action*  and  Dinnotarrea  in  Xen.  Htll.  i.  6, 
1 .  1,  ri.  2  ;  Polyb.  ivi.  2-9.) 

The  Eomana,  thongh  not  a  teafaring  people, 
apl-ar  from  the  treaty  with  Carthage  to  hare 
l«ni  Cuniliar   with    the    tea,  and  to  hare  had 
•buitime  interata  at  early  ai  the  time  of  the 
^i>if>.     Tbt  tiiiteoce  of   duumviri    narale*, 
•'ixm  charged   with    repairing   the   fleet,  the 
n^iit  of  electing  whom  vat  traniferred   to  the 
iwple  La  31 1  B.a,  prorei  that  the  itate  had,  at 
itu  tinw    and   prerionily,   aome   nanl    force. 
Aai  win,  of  a  date  at  early  at  350  bear  the 
rtptewntaluiQ  of  the  bowi  of  a  ihip,  of  a  i 
Butt  rode  and  hluff  than   the  Greek,  but 
tiTT  pooiblf  borrowed  from  the  Greek  citli 
U>;u  Graeda.    In  the  iutancci  eihibitei 
Ui-  toJBi,  which  beloc^  to  the  half-century 
»ilmg  the  FirM  Piuic  War,  there  are  apparently 


rarieties  of  contt ruction.  In  one  the  de- 
ion  of  the  beak  it  remarkable,  and  the 
en  which  enpport  it  appear  to  be  campacled 
croaa-pieeea. 


diverted  the  attention  of  the 

I  mnritime  affaita,  and  at  the  beginning  o'f 
Punic  wars  they  were  practically  without 
ft      "Dlf y  thjn  fint  teem  to  hare  renlited 
fiTcl   that  in  the  cooaict  which  wnt  before 
1,  Ihe  mastery  of  the  Mediterranenn   wat 
ibtolute  necessity,  not  only  for  the  protec- 
ot  their  own  coaitt,  whirh   already   had 
suHered  from  the  descenti  of  the  Carthaginian 
fleets,  but   alto  as  the    first  step  towards  em- 
pire (Pi.lyb.  i.  20,  _ 
21).        Hence    iu 


in  frame' 
Comeliu: 


Cn. 


of  tbeie 
vessels  sailed  in 
advance  lo  attack 
the  Carthaginians. 
He  «is  himself 
attacked  and 
taken  with  all  his 
vessels.  Duilios, 
who  then  took  the 
command  of  the 
fleet,  ly  the  in- 


ma  (Polyb.  i.  22,  23>— a  swinging  bridge 
ith  a  heavy  iron  spike,  which,  when  let  bll 
I  the  enemy's  deck,   not  only  gtappled   his 


222 


NAVIS 


veisel,  but    gave    the   boarders    accesi  to 
was  ennbled  to  DPutnlise  tbe  ramming  t> 
of  the  CarthagiDiao*  and  their  tuptrior  i 
ikill.     The  battles  of  Mylae  and  ot  EcDomui,  in 
which  the  CarthagiDiana  were  defeated  with  great 
loia,  were  the  prelude  of  maritime  domiuio    ' 
Kome.  The  importance  of  the  ram  win  thaa  m 
dimiaished,  and  in   the   coin*  of  Che  century 
followinj  we  see  the  ram  rauth  lew  projecting 
and  apparentl)-  less  slroogl;  lapported.    On  th* 
other  hand,  the  »«\ipif,  great  beams  and  great 
grappling    hooka,  iron    hands,  and  falcei 
curved  ateel  he.^d^  auch  as   thoae  with  i 
the  Bailing  veiiels  of  tbe  Veneti  were  crippled 
by  Caeaar  off  the  coast  of  Gaul  (Caea,  B.  0.  '  ' 
14),  came  into  n*e  and  favour.     Great  tower 
twres  ("alta    navium    propugnacnla  ">— h 
placed  in  the  bows, — whence  our  temi  "  f' 
caatle," — from  which  miaailes  could  be  thowered 
on   the   enemy's   deck.       Vipsanius   Agrippa 


r.  57.) 

Id  the  time  of  Trajan,  «oina  attempt  ii».~ 
made  to  build  larger  rates  than  bireme;,  an<l 
Valentinian  had  quinqueremea  coonrncted.  But 
in  the  Byiantine  period  no  vauel*  with  nnre 
banks  than  two  appear;  and  the  tendency  ii  Ci> 
return  to  tingle  banks,  which,  according  to  the 
Lmperor   Leo   {Tactica),   are    inilled   ToAaui, 

Under  the  Emperorm  two  great  naval  atatinnt 

to  keep  the  peace  of  the  Meditfliranean:  (I)  at 
RaTenna,  for  the  cast ;  and  {'2)  at  MisenDm,  oa 
the  Campaiiian  coast,  for  the  west.     Thfre  «r,^ 

coaat  of  Gaul  at  Forum  Julii  (Fi^jna)  ilDd 
Porlui  Hereulla  Monoeci  (Monaco).  But  alter 
Actium  there  is  little  to  interest  ns  in  naral 
affairs,  with  the  eiception  perhaps  of  Gennani- 
cus's  operations  in  the  North  Sea,  and  at  a 
later  date  the  war  with  the  Vandals,  for  which 
Procopina  is  our  authority,  until  the  time  of  tbe 
■      "  L«(800a.d.).     Noatudeoi 


ahoDld  0 


.  (From  Wine 


I,  Km.  Itud.am.) 


credited  by  Servius  with  an  invention  by  which 
these  could  suddenly  tie  raised  when  coming 
into  action,  so  ai  to  take  the  enemv  bv  surprise. 
in  all  the  naval  battlea  in  which  the  Komati 
Heeta  engage,  the  main  object  of  their  tactics 
aeenia  to  be  to  leave  as  little  aa^ossibU  to  aea- 
uianship  and  skill,  and  to  come  to  close  quarters 
and  a  hand-to-hand  light  as  soon  as  [lOssible.  In 
a   word,  boarding-tactics    superseded    ramming 


of  lire  (Liv. 
of    arlillerji 


raiJipapxii'i"' 
(lege      Tpuipuii*) 

rlrwoy,  iAAi  Kn- 
trrpaciTtptu  xoA- 
•ci^6a\ol  TC  kbI 
Lrx-'pai  ml  icirrd-. 
i^paXTOi  nil  ri- 
X"  nirrir  Brt- 
irrw.     The  name 


Coin  oT  Hadrian. 

the  vessels  of  the 
Libnmians,  an  llljrian  race,  inhabiting  the 
islands  of  that  coast  and  much  given  to  piracy. 
The  umt  LlbunUao,  in  tha  tame  vaj  m  tbe 


of  the  Tcuiixi  which  refer  to  tha  cocitruc- 
and  equipment  of  a  fleet.  In  the  fbllowiac 
.uriei  came  the  inreution  of  the  "  Apmtii " 
(a  projecting  framework,  upon  the  edi;e  of 
which  were  set  the  tbowlpins  thus  enaMin; 
oars  uf  greater  length  to  be  used)  and  the  binb 
of  the  mediaeval  galley,  which,  tritb  iu  cod. 
itruction  "alia  Scaloccio"  and  its  long  sweeps 
worked  bv  several  men,  was  a  vessel  quite  dis- 
tinct from'  the  ancient  men-of-war. 

One  point  remains  yet  for  conaideration,  vii. 
the  manning  of  ancient  navies.  la  the  fleet  of 
Agamemnon,  as  we  have  seen,  they  were  airi- 
vftat  Hal  M^^ifM'  wdrrfi.  The  Athenian  fleet 
wa*  manned  in  its  best  days  by  freemen. 
Xenophon  {de  Sepuhl.  Al/ua.)  tells  us  that  the 
seafaring  habiu  of  the  Athenians  wen  isdi 
that  every  one  knew  how  to  handle  an  oar,  and 
that  tbe  crew  of  a  trireme  conld  be  got  tnge'her 
ce.  At  the  time  of  the  Peloponnesian  War. 
the  pay  of  an  ordinary  oarsman  was  three  obolt 
a  day,  increased  towards  the  end  of  the  war  it 
four  obols.  The  pay  of  tbe  thranitae  vraa  hif  b<r. 
their  services  l»iDg  valued  at  a  drachma.  Raisis; 
the  pay  of  seamen  during  hostilities  was  » 
favourite  eipedient  with  a  view  to  induce  Ilir 
enemy's  crews  to  desert.  There  were,  however, 
■  causes  that  led  to  the  employment  of 
i  labour,  and  with  it  to  the  deterioration 
unpopularity  of  sea-service.  The  absolnie 
discomfort  in  a  catapbract  ship  most  hare  bnci 

tioo,  the  participation  with  200  or  300  bunian 
beinga,  all  atark  naked,  packed  so  closely  ihst 
there  wa*  not  room  for  one  man  mors  (Cii. 
Vtrr.  V.  51,  133,  "  Ea  est  enim  ratio  instnic- 

plnres  sed  ne  singuli  quidem  poasint  aecedere''^ 

in  a  laborious  mechanical  toil,  could  only  i'*'" 

been  voluntarily  endnr«d  nnder  the  pieatart  of 

"  "le   great    necessity   or   sense  of  duly.    The 

t,  the  smells,  the  drudgery,  must  have  beta 

rible ;  and  we  can   understand  the  desire  of 

lonians  at  Lade  to  be  fi-ee  from  the  i*"" 

discipline  of  Dionysius.     Beside*  the  iivxahr^ 

tha  actiul  danger  waa  Ter;  great.    Ita  crews 


NAVIS 


NAVIS 


223 


might  at  anr  time  be  drowned  or  burnt,  or  as  at 
>TtM>U  (Tbuc  i.  50)  butchered  perhaps  in  cold 
I'iuod.  We  hare  only  to  think  of  the  moment  of 
cvodict, — the  crash  of  the  beak  through  the 
tiaben,  and  the  mangled  mass  of  humanity 
hniled  into  the  bilge,  while  the  water  swiftly 
hllowcd  the  blow,  the  thranites  perhaps 
reaping,  but  the  lower  ranks  almost  certainly 
drowned — and  it  is  easy  to  understand  how  the 
v^rrice  was  aroided  by  the  fi'ee  and  left  to  the 

The  Romans  manned  their  fleet  by  levies  from 
tae  lowest  orders  and  forced  service  of  the 
ijlies.  The  greater  proportion  of  the  crews 
were  slares  contributed  as  substitutes,  and  it  is 
tbi>  fiut  perhaps  which  explains  the  equanimity 
with  which  such  wholesale  loss  of  life  at  sea  as 
a  recorded  by  Polybius  (bk.  i.)  was  endured. 
Among  the  Romans  themselves,  service  on  board 
liiip  was  most  unpopular;  and  it  is  not  sur- 
mising to  find  discontented  classiarii  wishing  to 
be  transferred  to  the  legions,  '*  in  spem  honora- 
uoris  militiae  "  (Tacitus). 

[Citizens :  ^  In  dassem  scripti,"  Lir.  xxii.  56 ; 
Poljb.  vL  17.  Allies :  Liv.  xxxii.  8 ;  xxxvi.  4. 
Libertini,  Lir.  zl.  16;  xlii.  27.  Servi:  Liv. 
uiT.  11 ;  xxvi.  35.  Criminab :  Val.  Max.  ix. 
si.^ ;  Appian,  bk.  v.] 

SmiaUcr  rrsse/s. — 'Aiurror,  iuedrioy^  cutter, 
(?)  yacht :  Schol.  Ar.  Lys.  64,  cTdos  rXolov 
oAtfvTiioov ;  Thuc.  iv.  67 ;  Etym.  Magn,  s.  v. ; 
Find.  Nem.  t.  5.  Sometimes  carried  on  board 
'bip:  Agathias,  iii.  21,  97,  yqcs  ^priZ^s  fuydr 
A£i  fUTt^povs  9lxo¥  ras  iucdrovs;  Plin.  M.  N. 
11.  §  94,  ^acatii  modo  carinatam,  inflexa  puppe, 
iron,  rostrata;"  Strabo,  Xcirrd,  ortv^  koL 
«eC^5^«r  kifBpAwovi  rdwr^  jcol  t/Uoiri  8ffx<^AMira, 
^riaFutf   <<   r^idicorra    rahs    wdrrat    8«{(ur0a< 

KfpmvyMf,  cvmmis,  cutter:  Plin.  vii.  §  56, 
ior<»Qt«d  bj  Cyprians.  Not  small :  Diod.  1.  61 ; 
«:th  a  long  stern,  Schol.  Ar.  Pax,  142  ;  smaller 
tikia  penteconter,  Herod,  vii.  97. 

Kapd^ig,  itdpafiotf  shallop ;  the  name  origin  of 
mitdjaeral  caraTcl,  and  our  carvel-built  (Hesych.; 
r^^iA.  Mag.  s.  v.). 

MftBoft  iembua:  Liv.  xxxiiL  S3«  Next  in 
^iit  to  eercuruSf  used  as  scouts :  Polyb.  i.  53,  9 ; 
Tbac.  ii.  83,  Schol.  Swift,  with  fine  bows  and 
iight  draught :  Ar.  de  animi  incezs,  10 ;  Polyb. 
u.  85 ;  Liv.  xxxiv.  25.  Sixteen  oars,  generally 
man.    [Lembus.] 

KcA,irrfft,  oeloces,  avisos :  Xen.  Heil,  i.  6,  26 ; 
Thac.  iv.  9.  Pirate  craft :  Thuc.  iv.  9 ;  Polyb. 
▼.  62,  ZUpora  koL  c^Ai^rfft,  /'narrow  and 
swift." 

*tnuerpoic4Kv*s,  a  modification  of  the  former : 
EVpn.  Mag.,  ^vorrpoic^Xifs  awrrdOri  Ik  rs  jcffAi|- 
▼os,  ccl  ^woitTpiics.  IlAoia  54  kptrrpueiL  0pax  ^  V 
fuy  iwmerpls  he  rov  tueri,yti»  rk  trvXAfitya  6  5^ 
K*kifi  ffif  T^  Si^ev  Jcol  ^^yciy  Kovf^raros. 

HvomdfmwtSt  myoparines,  tmall  pinnaces 
chiefly  used  by  pirates:  Cic.  t»  Vcrr.  passim. 
^iiaiU  and  oan,  generally  more  than  six. 

Actwriae. — ^AU  the  above-mentioned  vessels 
belong  to  this  class,  fuwlip^a  iJMv6icporoi,  Hence 
used  as  a  general  term  opposed  both  to  the 
nAv^pcts  and  to  cnerariae:  Caes.  B,  Q,  v.  1. 
Nomber  of  oars  varied :  Liv.  xxxviii.  38,  ^  naves 
^aariaa,  nulla  quarum  plus  qnam  triginta  remis 
igstor,  habeto;"  Cic.  Ep.  ad  Att,  xvL  3, 
**  thbos  actuariolis  decern  SGahDifl." 


Phaselus  =  bark ;  name  used  also  poetically 
(Catull.  4,  &c.);  might  be  large  or  small  (Sail. 
Jug.  3,  *^  cohors  una  grandi  phaselo  vecta  ") : 
not  a  ship  of  war. 

TaOAoi,  onerariae:  Ar.  Av.  592.  Phoenician 
originally:  Callim.  Fr,  217;  Herod,  iii.  13t>, 
viii.  97. 

'H;it^Xia<.  Furnished  with  1}  banks  of 
oars. 

Tp<i7pt}/xioX(a,  with  only  half  the  thranitic 
bank.  Cp.  Pol.  xvL  2,  where  a  vessel  of  this 
class  is  pierced  under  the  OpaviriKhs  axaKfiSs, 
not  decked  throughout  (Hesych.):  so  more 
room  obtained  for  the  Ijcpio,  by  the  reduction  of 
the  upper  bank,  which  rowed  only  amidships. 

Oiossary  of  certain  Naval  TeiunSy  not  explained 

above. 

"AjKoiya,  awjuina :  Isid.  xix.  47,  **  Anquina 
funis  quo  ad  malum  antenna  constringitur ; '* 
Attic.  Tab.  3122,  &yt(owefy]  ZnrKrjy. 

* AKpo(rr6\iov :  used  of  ornament  both  at  bow 
and  stern  (cf.  iMpoKSpv/ifia};  but  more  properly 
of  the  bow  ornament :  &p\affroy  and  KopAvri  of 
the  stern. 

"AffKotfia.  Leather  bags  fitting  over  the  oar 
at  the  oar  ports,  to  prevent  the  wash  of  the  sea 
from  entering.  Zonar.  5.  v. ;  Suidas ;  Schol. 
Han.  367  ;  Ackarn.  97. 

Apvoxoi.  Etym.  Mag.  gives  the  true  inter- 
pretation :  ^^\a  op6k  i<p*  Stv  ii  rp6xis  ipeiHtreu  rrjs 
mfywfiivris  vtws,  Ijyovy  trnipiyixwreu  Eustath. 
p.  1878,63 ;  p.  l879,4,w(£<r<raXoi  iifi  Svaroixn^hv 
hioTtBtfUytov  ft  Tp6ins  ToTarai  rHv  Kcuvuvpyovfii- 
vmw  v€6iy  Zia  la^rjira.  Plat.  Tim.  p.  81  B, 
arripiyfiaTa  rrjs  wtfyrvfidrfis  vt^s.  Hesych., 
Zp6aK§s  T&v  ^^Ko»v  r&w  0«urra(6irrw¥  r^  rpiwof 
rov  -KXaiov.  It  is  clear  that  they  were  the 
pieces  of  timber  which  siipported  the  keel  of  a 
vessel  while  building.  They  had  to  be  care- 
fully adjusted  in  a  line,  and  on  a  level  or  slight 
incline.  Hence  the  use  of  the  term  as  regu*ds 
the  setting  of  the  axe-heads  in  the  Odyssey 
(xix.  574). 

''Efio^os,  floor,  either  actual  of  the  vessel 
(Dem.  Zenoth.  883)  or  the  lowest  deck  abore 
the  bilge— our  orlop  deck. 

*Z'rla9Uiv,  according  to  Cartault,  the  piece  be- 
tween the  stera-post  and  the  aphrasta,  just  as 
the  irr6\os  is  between  the  stem-post  and  the 
acrostolium.     (Pollux,  i.  90,  MS.  6iri^prr^fi4yoy.) 

'HKoKdrrj,  the  stem  part  of  the  roast,  above 
the  Kopxhffiov.     (A p.  Rhod.  i.  565,  Schol.) 

KarafiKrifjM.  Probably  an  awning,  possibly 
of  skin,  to  keep  off  missiles  from  deck.  (Of. 
Athenian  preparation  against  grappling  irons  at 
Syracuse.) 

Kpf«ot.  Rings  set  in  eyelet-holes  for  ropes  to 
pass  through,  either  on  the  borders  or  at  the 
corners  of  sails.  Herod,  ii.  36  :  r&y  lariity  rohs 
KpUcovs  Kid  robs  icdXovs  oi  $i\v  IkXXiu  i^ttBty 
vpoa^doviri,  Aly^moi  Bk  firuSty. 

No/iccf .  Graser,  ^*  waling-pieces ; "  Cartault, 
"  couples."  Phot.,  iyKo(\ia  wKolov :  Hesych., 
(vAa  v^ptptpri'  iyKolKia  trXolov :  Herod.  L  194^ 
ii.  96.  The  passages  seem  to  leave  it  doubtful 
as  to  whether  **  waling-pieces,"  i.e.  longitudinal 
pieces  from  stem  to  stern,  or  *'  ribs  "  from  keel 
to  gunwale,  are  intended. 

Ilapa^^^Ta :  Xen.  Hell.  i.  6,  19  ;  vid.  seq. 

Utipappdfiara.  Suid.  94pp€is,  ffKwwdirfJMra. 
Two  kinds  appear  in  the  Attic  Tables,  rp^x'^'a 


224 


NAVIS 


and  XcvK^  The  former  probably  were  of 
skin,  the  latter  of  felt  (ciliciuni).  The  former 
used  probably  along  the  irctpoSos,  and  the  latter 
along  the  rpi<^i}|  or  deck-rail,  as  a  protection 
against  missiles.  (Boeckh,  Urhui,  p.  159.) 
[Pldtei.] 

Slparutn,  Supparum,  Isid.  Orig,  xiz.  32 : 
"  Siparum  genus  veli  unum  pedem  habens  quo 
navigia  juvari  soleot  in  narigatione  quoties  vis 
venti  languescit."  Sen.  Ep.  77  :  *<  Sabito  hodie 
nobis  Alezandrinae  naves  apparuerunt .  .  .  om- 
nis  in  pilis  Puteolorum  turba  consistit  et  ex 
ipso  velorum  genere  Alezandrinas  intelligit 
solis  enim  licet  supparum  intendere."  A  trian- 
gular topsail,  which  all  merchant  vessels  except 
the  Alexandrian  corn-ships  were  obliged  to 
strike  on  coming  into  harbour.  (Cf.  Senec 
Med.  327 ;  LucaD,  Phars.  v.  429 ;  Schol.  »♦  ^ela 
minora  in  modum  A  litterae." 

Tapp6s,  rapphs  iyrtK^s.  Of  the  whole  equip- 
ment of  oars  for  a  trireme,  Attic  Tables ;  pro- 
perly of  the  blade  of  the  oar,  Ar.  Nub.  226, 
Schol.   So  rdppafuu 

TipBpiou  Kinds  of  kAKoi  used  for  brailing 
the  sails.  Clue  lioes,  or  leech  lines,  or  brunt 
lines.  Hesych. :  ol  cis  rh  K^pas  rod  l<rrtov 
iKnT4ptt$w  BtBffityoi  4v  oh  rh  ipfitvoy  cAicov<ri. 

T4p6pov.  Galen,  ii.  p.  645  :  Kvplvs  fihw  ofhms 
O¥0fid(€reu  rh  ttKpow  r^s  Ktpalas. 

TpdipTi^.  Hesych. :  rh  r^s  v^ifs  x*^^*'  ^ 
Etym.  Mag.  and  Tzetzes,  ai  Lye.  641.  The 
gunwale,  in  which  in  small  vessels  the  thowls 
were  fixed.  In  larger  vessels  the  balustrade  or 
lattice-work,  through  parts  of  which  oars  were 
used  sometimes.  See  figures  of  vessels  on  Col. 
Traj. 

Tpofit6sy  rpowur4ip.  The  thong  which  fastened 
the  oar  to  the  thowl  (rporowrBai).  (Hesych. 
J.  V. ;  Aesch.  Pers.  376  ;  Hota.  Od.  ir.  728 ;  Thuc. 
ii.  93.) 

*Tirrip4<rioy.  The  oarsman's  cushion.  (Cf. 
Ar.  Eg.  785,  Schol.) 

*Tfr6$Kiifia.  (?)  A  tarpaulin  used  to  cover 
the  oar- ports  when  sailing.     (Graser,  S.  N.  82.) 

'Tvoi^fjutra.  Strong  cables  stretched  length- 
wise from  stem  to  stern,  which,  shrinking  when 
wetted,  helped  to  tighten  the  ves.sel,  and  relieve 
the  strain  upon  her  from  the  motion  of  the 
stroke  when  rowing.  Frequently  mentioned  in 
Attic  Tables.  Two  apparently  furnished  to  each 
trireme.  In  Egyptian  vessels,  one  apparently 
from  stem  to  stern  over  crutches  to  prevent 
vessel  hogging  (see  cut  2  on  p.  208).  Cf.  Ap. 
Rhod.  i.  367.  Plato  {Hep.  x.  p.  616  C)  compares 
the  Milky  Way  to  the  vKo((ifiara  of  a  trireme. 

Liat  of  articles  of  equipment  for  one  trireme 
from  Attic  Tables.— \  itrrhs  fi4yas,  1  Urrhs 
ixdrtios,  2  xtpatai  fitydKat,  2  Mptuai  iucartiot, 

1  TffTiOK,  rapphs  ttntKtis,  2  vrfidXiOy  2  jrXtfta- 
iC(8cs,  3  Koyrol,  2  wapcurrdrcu,  2  {ntoC^/icerOf  1 
AyKoiyOf  2  IfidyTtSy  2  frrfJej,  2  (nr4peu,  1  xoA^iv^s, 

2  wapappvfJMra  rplxiva,  2  trapapp^fuera  Ktvxd, 
1  KardfiKrifjM,  1  virifiKrifui,  4  cx^^""'  ^yicvp^loy 
4  (Txolyta  iirlyva,  2  iyKvpcu,  fitipifiara  icaA.y8(fi»y, 
30  jcwircu  ircpivcy. 

Literature.Schefferj  de  Militia  Navali  Vete- 
rutriy  Upsala,  1654 ;  Boeckh,  Urkunden  Hber  das 
Seewesen  dea  Attischen  Staates ;  B.  Graser,  De 
Be  Navali  Veterum,  Berlin,  1864;  Id.  Die 
Gemmen  des  Kdniglichen  Museums  zu  Berlin, 
1867;  Id.  Die  dliesten  Schiffsdarsteliungen  auf 
antiken   M^zen^  Berlin,  1870 ;  Id.  Das  ModeU  \ 


NAUMACHIA 

eines  All-griechischen  Kriegsechifes,  Berlin, 
1873;  CarUult,  La  Triere  Ath^hienncy  Paris 
1881 ;  Breusing,  Die  Ka'ttik  der  Aiten,  Bremen, 
1866 ;  Jules  Vars,  L'Art  Nautique  dans  CAn- 
tiquUe,  Paris,  1887  ;  Serre,  Etudes  sur  rHLstoire 
Militatre  et  Maritime^  Pans,  1888;  Dnemichen, 
Fleet  of  an  Egyptian  Queen;  Smith,  Voyage  and 
Shipwreck  of  St.  Paul.  [L  W.] 

NAUMACUIA  was  the  name  given  to  the 
representation  of  a  naval  battle  among  the 
Romans,  and  aUo  to  the  places  where  such 
exhibitions  took  place.  These  sham  figbt> 
were  sometimes  arranged  in  the  w^mphithestre, 
sufficient  water  being  introduced  to  float  the 
ships  [AMPHrrHEATRUH,  Vol.  I.  p.  113];  but 
more  frequently  in  places  specially  constructed 
for  the  purpose,  that  is,  vast  basins  laced  with 
stone  and  surrounded  by  stone  teats,  like  so 
amphitheatre. 

The   first  representation  of  a  sea-fight  wss 
given  B.C.  46  by  Julius  Caesar,  who  caused  a 
basin  to  be  dug  for  the  purpose  in  a  district 
called  CodeU  Minor  (Suet.  Jui.  39 ;  Dio  Caic. 
xliii.  23),  which,  according  to  Friedliinder  and 
Marquardt,  was  in  the  Campus  Marti  us.  Accord- 
ing to  Burn  {Borne  and  Campagnay  p.  268X  th« 
Codeta  Major  was  in  the  Campus,  the  Codeti 
Minor  in  the  Transtiberine  region  :  both  derive<i 
their  name   from   the   abundance  of  marestail 
{equisetum)  which  grew  there.     The  second  wa^ 
given  by  Augustus,  B.C.  2,  at  the  dedication  or 
the  temple  of  Mars  Ultor,  and  for  this  purpose 
a  basin  was  dug,  1800  feet  by  1200,  probably  in 
the   gardens   of  Caesar    in    the   Transtiberine 
region.     It  is  pretty  clear  from  the  wording  of 
the    inscription   of  Ancyra,    "  Navalis  pnelii 
spectaculum  dedi   trans  Tiberim   in  quo  locv 
nunc  nemus   est  Caesarum,  cavato  solo,*'  kc^ 
that  the  construction  was  in  a  new  place,  aud 
not,  as   Burn  says,  an  enlargement  of  Julias 
Caesar's   basin.     Even   about   the   site  of  thi> 
naumachia  there   is  some  question,  since  Di<^ 
Cass.  Iv.  10  places  it  in  the  Circus  Flaminius, 
and  in  Tacitus  there  are  various  readings,  ci$ 
and  trans   Tiberim.     We   may,  however,  best 
conclude  that  (as  stated   in  the  Man.  Ancyr. 
and  in  Suetonius)  the  naumachia  of  Augustus 
was  in  the  horti  CaesariSy  on  the  further  side  o: 
the  river,  and  that  its  site  is  marked  by  remaio^ 
recently  found.     (See  Middleton*a  BomCy  p.  291 ; 
Burn's  Bome  and  Campagna,  p.   268.)     Tbi» 
naumachia  continued  in  use  a^r  others  hs'i 
been  made  (the  Notitia  speaks  of  five),  and  wa« 
subsequently  called  vetus  naumachia  (Suet.  Tit. 
7).     Dio  Cass.  Ixi.  9  speaks  of  it  as  the  pUce 
where  Nero  gave  a  public  banquet.    The  most 
remarkable    naumachia    was    that    given   by 
Claudius,  A.D.  52,  on  Lake  Fucinus,  to  celebnt< 
the  draining  of  the  lake  (but  before  the  com- 
pletion of  the  work),  where  19,000  men  dressed 
as  Rhodians   and  Sicilians  manoeuvred  is  the 
fight  with  fifty  ships  on  each  side,  the  tf^' 
tators  being  grouped  on  the  shore  and  the  sur- 
rounding hills,  as  on  the  tiers  of  seats  in  an  amphi- 
theatre :  the  signal  for  battle  was  given  by  * 
trumpet,  sounded  by  a  silver  image  of  a  Triton. 
(Suet.  Claud.  21;  Tac.  Ann.  xii.  56.)    N«n)s 
naumachiae  are  mentioned  by  Dio  Cass.  Ixi-  9, 
Ixii.  15;  but  they  seem  to  have  been  sometimes 
in  the  amphitheatre,  sometimes  in  the  sta>jnit 
A'eroniSy  a  great  basin  in  Nero's  Golden  House, 
on  the  site  where  the  Flavian  Amphitheatre  or 


NAUTA 


KEBBIS 


225 


Coloocam  ms  afterwards  bailt  (Mart.  Spect.  2). 
Titos  ued  the  vetus  nnunac/ua  of  Augustus,  but 
I^Diitiso  had  a  new  and  larger  lake  dug  below 
th«  Vaticsn  ("  in  a  new  place/'  Dio  Cass.  Izvii. 
<^i.  He  afterwards  pulled  it  to  pieces  and  used 
t^M  stooe  to  replace  the  wooden  seats  of  the 
Caaa  Jfaximus  which  had  been  burnt  (Suet. 
xA«.  4,  5).  Naumachiae  were  not  confined  to 
IwBne:  on  the  contrarj  we  can  have  no  doubt 
::itt  tber  took  place  in  many  provincial  amphi- 
tiicatres.  In  the  amphitheatres  at  Capua  and 
Nimes,  for  instance,  the  arrangements  for 
iooding  the  amphitheatre  have  been  traced. 

The  combatants  in  these  sea-fights,  called 
^AonacAMTu  (Suet.  Claud.  21),  were  captives 
( DiA  CaaL  zlriii.  19),  or  criminals  condemned  to 
(lath  (Dio  Cass.  Ix.  33),  who  fought  as  in 
icbliatorial  contests  till  one  party  was  killed, 
ualeis  preserved  by  the  clemency  of  the  em- 
f>?r>r  (cf.  Suet.  ClautL  21).  The  ships  were 
liviifd  into  two  parties  (cf.  the  domestic  imita- 
uc  mentioned  in  Hor.  Ep.  i.  18,  61),  and  the 
«.n:W8  vere  dressed  to  represent  different  maritime . 
aitioQs,  as  Tyrians  and  Egyptians  (Suet.  Jui. 
n\  Rhodians  and  Sicilians  (Suet.  Claud,  21; 
ino  Csss.  Ix.  33),  Persians  and  Athenians  (Dio 
Cass.  IxL  9),  Corcyraeans  and  Corinthians  (Id. 
Ixr..  2o)l  These  sea-fights  were  exhibited  with 
ta*  same  magnificence  and  the  same  lavish 
f^xp^adlture  of  human  life  which  characterised 
tii«  gladiatorial  combats.  In  Nero's  naumachia 
th«re  were  sea-monsters  swimming  in  the  lake 
(Suet.  X«r.  12);  the  magnificence  of  the 
Eaamschia  given  by  Claudius  is  mentioned 
ibi>re :  in  the  games  exhibited  by  Titus  in  the 
rttxa  naumachia  of  Augustus,  we  find  on  the 
brst  day  the  basin  covered  with  planks  sup- 
{>4rted  on  piles  forming  an  arena  for  gladiators 
ul  a  venatiOf  on  the  second  day  a  chariot-race, 
'B  the  third  a  naval  combat  of  3000  Athenians 
u^d  SyracnsanSf  in  the  course  of  which  the 
Athenians  landed  on  an  island  in  the  basin  and 
t--jk  s  fort  there.  Martial,  however  {Spcct,  24), 
Tionts  the  naumachia  of  Domitian  as  superior 
t>aU  that  went  before.  (See  also  Friedliinder, 
^'ttengetckicktej  iL  367  ff. ;  Marquardt,  Staats- 
»Twft»w,  iu.  558  f.)         tW.  S.J    [G.  E.M.] 

NAUTA.    [Navm.] 

NAUnOON  (rovTM^r).    [Fewcs.] 

XAUTO'DICAE  (yavro8fica<)  were  judicUl 
authorities    in     disputes    between     merchants 
(iftnpot)  who  carried  on  traffic  by  sea,  and  in 
'6it&  against  foreigners  who  usurped  the  rights 
of  dtixeoship ;    in  other  words,   in  the   Hkoi 
litn^aul  and  9Um  («yfas.    The  connexion  of 
^«  two  classes  of  cases  may  be  explained  by  the 
fact  that  the   trading  metoecs  were  just  the 
^xi  likely  men  to   get  themselves  wrongly 
carolled  as  citizens  (Sich5mann,  Aa^i^.  i.  474, 
^  T.).    The  naatodicae  were  appointed  erery 
yev  by  lot  in  the  month  of  Gamelion  (Lys.  Or. 
17, 9tfil  hi/ai»ff.  iiiiCf  §  5),  and  probably  attended 
^j  the  Stctt  ^^wo^ol  only  during  the  winter, 
vW  navigation    ceased,    whereas    the    Hkoa 
(«rtas  might  be  brought  before  them  all  the 
jesr  round.    There  can  be  no  doubt  that  they 
<ut«d  from  an  early  period  of  Athenian  history, 
*'aRi  it  was  sufficient  for  a  man  to  be  a  citizen 
>'  only  his  father  was  a  citizen,  whatever  his 
ic'lhtr  mi^t  be ;  that  is,  previous  to  the  time 
^-fPericUa  (Pint  Pmct.  37;  compare  CiriTAS, 
I-  444  6), 


In  what  precise  capacity  they  administered 
these  suits  was  formerly  a  matter  of  dispute, 
some  grammarians  calling  them  Sdceurrai  or 
jurymen  (Hesych.  s.  v. ;  Lex  Seguer.  p.  283,  3), 
others  apx^  <>f  tlcay^M,  presiding  magis- 
trates (Poll.  viii.  126;  HariM>crat.,  Snid.,  Lex. 
Bhet,  s.  v.).  The  weight  of  authority  was  in 
favour  of  the  latter  view;  but  a  difficulty  was 
found  in  the  fact  that,  in  the  time  of  Demo- 
sthenes and  the  orators  contemporary  with 
Philip  of  Macedon,  the  suits  in  question  are 
shown  to  have  been  tried  before  the  Thesmo- 
thetae.  The  only  orator  who  mentions  the 
nautodicae  belongs  to  an  earlier  period  (Lys. 
I'  c.  §§  5,  8),  and  is  clearly  in  favour  of  their 
having  been  an  ^x4*  ^^t  in  all  the  speeches 
of  Demosthenes  no  trace  occurs  of  them,  and  in 
that  against  Lacritus  (p.  940,  §  47  ff.),  where 
all  the  courts  are  mentioned  before  whom  such 
a  case  as  that  of  Lacritus  might  be  brought,  the 
orator  could  scarcely  have  failed  to  include  the 
nautodicae  if  they  had  still  existed  in  his  time. 
Hence  Boeckh  (P.  E,  p.  49,  and  with  slight 
modification  in  his  later  view,  Sikh.*  i.  64) 
thought  that  the  thesmothetae  had  the  ^yt/norfa 
hucaannpiovj  while  the  nautodicae  sat  as  a  jury 
under  them.  The  better  attested  opinion  that 
they  were  a  magistracy  is  now  shown  to  be 
correct  by  an  inscription  (C  /.  A,  i.  29,  oi 
vmnof^lKoi  .  .  .  t]5  Soccurr^pioy  waptx^^^^'^i  **^> 
shall  be  the  tlaaiyuytis  of  the  case ;  Lips.  Att. 
Process,  p.  96 ;  Fr&nkel,  n.  92  on  Boeckh).  The 
difficulty  vanishes  if  we  suppose  that  the  BUtu 
dfiTopucal  in  the  middle  of  the  4th  century, 
when  they  became  BIkcu  ffifirfyoi  [l^MMENOi 
DiKAi],  were  taken  from  the  nautodicae  and 
transferred  to  the  thesmothetae;  and  that  as 
the  principal  occupation  of  the  former  was  gone, 
the  hlicat  ^tvias  were  likewise  transferred  to  the 
thesmothetae,  and  the  office  of  the  nautodicae 
was  abolished.  If  Lucian  mentions  them  in  a 
dialogue  supposed  to  have  taken  place  after  the 
death  of  Alexander,  this  is  not  the  only  similar 
anachronism  in  his  writings  (Lucian,  Died. 
Meretr.  2,  §  2  =  p.  282  R. ;  Lipsius,  AU.  Froc. 
p.  97  n.).  The  notion  of  SchOmann  (^Antiq.  1.  c.) 
that  the  nautodicae  judged  the  ijiMopiKoX  Sficat 
themselves,  while  they  prepared  8ficai  (cyfoi  for 
trial  and  brought  them  before  the  Heliastic 
courts,  is  an  unnecessary  attempt  to  reconcile 
the  grammarians ;  for  we  find  Sacd^cty  and 
Suceurr^v  occasionally  used  of  magistrates  in 
their  capacity  of  tlffarf^rfus  (cf.  Att.  Process^ 
p.  43  Lips.).  (Baumstark,  de  Cnratoribus 
Emporiiet  NatUodicis  apud  Athenienses,  Freiburg 
in  Breisgau,  1828,  pp.  65-78;  Att.  Process, 
pp.  95-98  Lips. ;  the  old  edition  pp.  83-86  is 
much  less  satisfactory.)  [L.  S.]    [W.  W.] 

NEBBIS,  a  fawn's  skin  (from  w€fip6s,  a 
fawn;  see  Aeois),  worn  originally  by  hunters 
and  others  as  an  appropriate  part  of  their  dress, 
and  afterwards  attributed  to  Dionysus  (Eurip. 
^oocA.  Ill,  126,  176  ;  Aristoph.  Banae,  1211, 
&c.),  and  consequently  assumed  by  his  votaries 
in  the  processions  and  ceremonies  which  they 
observed  in  honour  of  him.  rpiONTSiA.]  The 
annexed  woodcut,  taken  from  Sir  W.  Hamilton's 
Vases  (i.  37),  shows  a  priestess  of  Bacchus  in 
the  attitude  of  offering  a  nebris  to  him  or  to 
one  of  his  ministers.  The  works  of  ancient  art 
often  show  it  as  worn  not  only  by  male  and 
female  baochanalZy  bat  also  by  Pans  and  Satyrs. 

Q 


NECEODBIPNON 


legi  over  the  right  fbonlder  lo  n  to  *]1dw  th« 

Udj  of  the  ikiD  to  cover  the  left  nde  of  the 

wearer.     (Ovid.  Met.  Ti.  593.)  [J.  7,1 

NECBODBIFNON   (ixcpAe.'mr).      [Fu- 


NBGUGENTIA.    [Culpa.] 

NEGOIIATO'BES  (ol  wpayiArrtuiiurm  or 
JpY^^fUnii,  C.  I.  a.  20a3)  liEniSHi  apeci*!); 
during  the  later  timei  of  the  Kepublic  (toinan 
ciliieu  Mttled  in  tbe  proTinces,  who  lent  money 
ir  bought  up  com  od  Bpecalation 
i.  3},  which  they  Kilt  to  Rome  ai 
wen  B>  to  inner  placei.     Their  chief  hiuineu, 

uiarerB  ;  and  heoce  we  find  the  worJs  ntgotiat 


<Cm«.'s 


negotiaiorei  are  diatinguiihed  from  the  jiuWi 
(Cic.  ud Ait.  a.  16,  "male  negoiiaioribat  latil- 
faceie,  qoam  publicanis .-"  comp.  Cic.  7eTr,  ii. 
3,  7  ;  pro  Jlo«.  16,  38  ;  pro  Ltg.  Manil  7,  IB), 
and  from  the  mercatoret  (Cic.  pro  Plane.  26, 
64,  "  rtegotiatoribuM  comia,  mercatoribiu  juitui "). 
That  the  word  lugetiiitorefKts,  daring  the  later 
time!  of  tb*  Bepoblic,  alwayi  uMd  in  the  (igni- 
fication  above  given,  ia  amply  proved  by  Emeiti 
ID  the  treatiie  quoted  below,  and  is  a'bo  antfi- 
cientlr  clear  from  the  following  paeiagec — Cic. 
pro  Flaec.  29,  71 ;  37,  92  i—Verr.  60,  137  ;  ad 
Q.  Pr.  i.  1;— Hirl.  B.  Afr.  36.  Hence  the 
ncgotiatorei  in  the  province!  correiponded  to 
the  argenlarii  and  fetieraiorts  at  Borne ;  and 
accorduigly  we  find  Gcero  giving  the  name  of 
feneratora  to  certain  peraoni  at  Rome,  and 
afterward*  calling  the  very  ume  pertoni  lugo- 
tiatani  when  Ihey  are  in  the  provincea  (Cic.  ad 
JH.  V.  21,  vi.  1-3),     The  negollalore),  like  the 


NEGOnOBUtf  GESTOEUM  ACTIO 

pnblicani,  belonged  to  the  Eqneitrian  ordtr,  but 

men  of  lenatorial  rank,  though  forbidden  »  lo 

trade  themselvei,  indirectly  ihsred  the  gtini.  ia 

return  for  their  countennnce  sod  iupport    Cjto 

the  elder  wai  a  creditable  eiception  to  thi;,  lad 

nerted  himeeir  to  protect  the  provindali  (Lr. 

xiili.   27;    ?lut.    Cat  6)  i   bat  to  ibov  the 

extent  of  the  eril  we  need  only  cite  the  iatUnn 

of  M.   Junioa  Brotus,  who  (acting  of  conne 

through  another,  the  negotiator  Scaptins)  lent 

money  to  the  itate  of  Salaniia  in  Cypnu  al  4g 

per  cent. :    Scaptius  demanded  200  talenli  to! 

106  receired,  and,  having  obtained  tnwp  from 

Appins  Claudius,  proconenl  of  Cilida,  m  nil- 

treated  the  aenaU  uf  Salaniia  that  five  icnjior! 

died.     Cicero,  the  neit  proconaul,  had  hi>iii«[y 

enough  to  deiire  a  moderate  and  jnit  lettleniisl 

of  the  debt,  but  lacked  the  reaolntion  to  enfi  rcr 

it.     (Compare  Emesti,  De  Itcgotialor^ia,  in  hit 

Op'iscala    fhUoiogica ;     Marqcardt,    Sbal^rer. 

aaltuag,  i.'  M2.)  fW.  S.]     [G.  L  Jl.' 

NEQOTIOBUM    GESTOBUM   ACTW. 

tgotiorum  gtitio  ii  the  intentional  maoagrnrni 

'  another  penon'a  aRain  or  botineia  withrot 

■truGtiona  (mandatwii)  or  any  official  obliji- 

in  to  do  to,  and  wtu  Rrat  recogniied  aa  gruaiul 

r  an  action  (fuan  ex  nftiiractit,  IniL  iii.  2T,  1, 

id,  in  character,  bimae  Jidri)  between  the  jiiioii- 

1  and  the  would-be  agent  by  the  pndoniD 

edict  utUiiata  aaua  (Dig.  3.  5,  1,  3). 

The  intention  of  the  iifjaiiorum  jeitarmBt^  be 
to  act  on  behalf  of  aaolfurr  person,  even  tiitc^li 
lis  motive  may  alao  be  aelf-aeeking  (Dig.  3,  i. 
10):  hia  duties  practically  coincide  with  <ti(h« 
if  a  duly  commiuioned  agent  pLaSDaruii]; 
the  chief  of  them  being  to  bestow  the  cirf  lad 
lion  of  a  "  bonus  paterfamiliu  "  [CtUPA^  cm 
usinesi  he  has  taken  in  hand,  »  thit  Ik 
responiible  for  cxuda  di/igentia,  »oJ  io 
cases  he  was  liable  even  for  c-itas  or  s«i- 
dent  (Dig.  3,  5,  3,  9  -,  ii.  10).  Katorally,  t«', 
he  was  bound  to  deliver  up  to  hii  prindpi'  a" 
property  or  profit  which  came  to  him  from  thr 
'  auiaction*  he  undertook  (Dig.  ih.  2).  The-c 
itie«  were  enforced  by  actio  negollonan  jfila- 

Tbe  geitor  may  have  a  convene  remedy(t>^< 
nagotiontn  gfatorujn  conlraria)  against  bi!> 
principal  f^r  al!  leasonnblr  costs  and  eip"is« 
incurred  on  the  lalter'a  behalf,  with  ialTfi. 
ind  for  indemnity  against  all  liabilitiei  undtr- 
taken  in  his  interest  (Dig.  *.  10),  priri-lfJ 
(1)  the  principal  had  not  prohibited  hii  inlrr- 
ference  (Cod.  2,  19,  2*)  ;  (3)  his  intention  wu 
to  lay  the  principal  under  a  legal  oblifin™ 
(Dig.  10,  3,  14,  1),  and  not  one  of  Liberaliiai  or 
Pielss:  if  hia  object  was  hia  own  sole  advanun- 
he  could  aue  the  principal  only  so  far  at  ib'' 
latter  had  derived  material  benefit  tnm  bit 
action  (Dig.  3,  5,  6,  3) ;  (3)  tbe  sUte  sf  >'"■ 
principal's  aifain  was  such  that,  except  for  Ibr 
'i  intervention,  be  would  be  aerioufly  , 
liced  (Dig.  *4,  7,  5,  pr.).  If  this  wat  m 
case,  the  geator  could  recover,  even  thonfb  ibe  ^ 
mticipated  benelit  was  as  a  fad  not  resli^-^  ■ 
at,  as  it  it  aometime*  put,  the  negotia  nceJ  i"t 
have  been  "  ntiliter  gesta,"  it  is  enough  if  i^'f  I 
were  "  utiUter  coepU  "  (Dig.  15, 3, 10, 1 ;  ^- 1^ 
2) ;  e.g.  if  h*  paid  for  medical  altendaoM  <"i  ■*  | 
sick  slave,  who  died  not  with  standing  all  hi> «"' 
Where  the  interference  waa  not  wait»Bi« 
by  genuine  ntceiaity,   but  tbe  gestot'i  "bje^ 


NEMBA 


NEMEA 


227 


VIS  mtiely  to  flecnre  a  great  adTant»ge  for  the 
priDdpal,  he  ooald  recorer  only  bo  far  as  the 
adTiBtage  actaally  went  (Dig.  16,  3,  11;  ib. 
43).  To  the  role  as  to  prohibition  by  the 
joudpal  there  was  an  exception  in  the  case  of 
buiying  a  dead  body,  if  the  gestor  had  good 
reaiocisfor  disregarding  the  injunction  (Dig.  11, 
7. 14,  3> 

It  seems  to  hare  been  a  question  among  the 
dassicai  jnriata  whether  ratification  of  the 
ffistof*  proceedings  by  the  principal  converted 
the  reiaticfi  from  iwgotionun  gestio  into  mafi* 
daiuoi  or  not :  Ulpian  (Dig.  42,  1,  60)  decides  it 
io  the  sffirmatiTe,  while  ScaeTola  (Dig.  3,  5,  9) 
maiattiui  the  opposite.  Perhaps  the  solntion 
01  this  conflict  in  the  authorities  is  that  after 
nti^aition  the  gestor  could  treat  his  principal 
ii  OMBdator,  though  the  latter,  ratification 
Wing  merely  a  unilateral  act,  waa  not  entitled 
u  treat  the  former  as  mandatarius :  though  it  is 
DuiBtaioed  by  some  writers,  on  the  authority  of 
Cud.  5,  16,  26 ;  4^  28,  7,  pr.,  that  Justinian 
ecoBimed  the  view  of  Uipian. 

See  the  article  on  Negotiorum  Gestio  in 
Hohzendorff's  i?«cUs^isxicofiy  where  monographs 
«o  tbu  topic  by  Chambon,  Dankwart,  Kttllner, 
nd  Mbcrs  are  referred  to.  [J.  B.  M.] 

XEIIEA  (Nc^a)  was  a  valley  in  Argolis, 
between  Kleonae  and  Phlius.  It  was  the  re- 
puted scene  of  many  famous  mythical  events. 
Hen  (it  was  said)  Argca  had  watched  Io :  and 
kere  fierakl^  slew  the  lion.  Pausanias  (ii.  15, 
2)  relates  that  in  his  time  the  den  of  the  Nemean 
Ikn  was  pointed  out  in  a  mountain  range,  a 
little  less  than  two  miles  from  Nemea.  And 
iiert  too,  in  historic  times,  stood  a  splendid 
t«mp]e  of  Nemean  Zeus,  with  a  sacred  enclosure 
(iAftf,  not  to  be  rendered  '*  grove  **),  in  which 
\kt  Nemean  games  (N^/xca  or  N^ftcia)  were 
iield  (Strab.  viii.  p.  377>  Pindar  describes  the 
ioolity  of  these  games  by  a  variety  of  imagi- 
utj  re  expressions:  e^.  Ncftca^iv  iv  roAuv/u'^9^ 
^  ikru  {Nem.  ii.  4,  5);  6ffKlois^?aovpros  W 
•7n»w»  ip9fftw  (JVm.  vi.  45,  46) ;  x^P^^^f  '' 
X6grr«r  {Ol}fmp,  ziii.  44).  The  valley  of  Nemea 
^on  its  situation  belonged  naturally  to  the 
jM^e  of  Kleonae^  who  for  a  long  time  were 
14^<idcnt8  of  the  games  (6,yn¥o94rtiuy  But, 
before  Olymp.  53,  1,  the  Argives  obtained 
F'^v'^Aion  of  the  temple  and  the  presidency  at 
the  games.  At  a  later  time  the  Eleonaeans 
'^'^^iTered  the  right  of  presiding,  but  did  not 
Retain  it  (Pind.  Nem,  x. ;  Pausan.  u.  15,  3). 

la  prehistoric  times  we  find  the  institution  of 
tbe  !Jemean  festival  connected  with  the  expe- 
dition of  the  Seven  against  Thebes  (ApoUodor. 
>^6. 4)^  or  with  the  slaying  of  the  Nemean 
BoobyHerakles  (Schol.  Pind.  Nem.).  Writers 
*lw  held  the  former  opinion  uniformly  describe 
tfie  festival  as  an  iey^^  irrrd^tos^  established  to 
*=^*UDemorate  the  youth  Archemoros,  who  was 
^^  br  a  serpent  (ApoUodor.  /.  c.\  but  differ 
M  to  the  particular  Archemoros  whose  death 
*n  tims  hoooured.  Some  represented  him  to 
^Tt  been  the  son  of  Lycurgus,  king  of  Nemea, 
^ble  others  (among  whom  was  Aeschylus) 
^<iste<l  that  he  was  the  son  of  Nemea,  daughter 

f  Asopw  (Schol.  Pind.  A>m.).  Apollodorus  in 
^  passage  lefened  to  gives  the  names  of  the 
fetors,  together  with  the  contests  in  which 
^  vere  vktorioos  at  the  first  Nemean  games. 
^  aecond  calebration  of  these  games  is  attri* 


buted  by  Pausanias  (x.  25,  2,  3)  to  the  £pi- 
goni. 

As  regards  the  first  historic  occurrence  of  the 
festival,  we  have  but  scanty  evidence.  In  its 
local  character  it  had  no  doubt  been  in  existence 
from  immemorial  antiquity ;  but  not  until  long 
after  the  Olympic  games  had  become  famous  did 
those  of  Nemea  rise  to  the  rank  of  a  Pan- 
Hellenic  festival.  Eusebius  dates  the  first 
Nemead  from  Olymp.  53,  2 :  but  it  is  probable 
from  the  dissertation  of  G.  Hermann,  whose  con- 
clusions are  supported  by  Boeckh,  that  the  series 
of  historical  Nemeads  began  in  the  winter  of 
Olymp.  51  (Boeckh,  C.  /.  i.  n.  34,  p.  53).  The 
Nemean  games,  like  the  Isthmian,  in  this  respect 
were  biennial  (iyity  rptcriypiK^s),  i,e.  two  com- 
plete years  elapsed  between  each  festival. 
Accordingly  they  fell  twice  within  the  Olym- 
pic period,  occurring  alternately  in  winter  and 
summer  in  the  second  and  fourth  years  re- 
spectively of  each  Olympic  ircKrcri|p(s.  We 
read  in  the  Schol.  to  Pindar's  Nemean  odes  that 
they  took  place  on  the  12th  of  the  month 
PanCmos  {iiriyi  tw4iii^  SwScKdr]}),  but  such 
authority  helps  us  but  little  in  settling  the 
matter. 

The  games  comprised  musical,  firymnic,  and 
equestrian  contests  (jky^v  fuiv<rtKOs,  yvfivucisy 
/inriic^s).  (Plut.  Philop.  11 ;  Pausan.  viii.  50, 
3 ;  Schol.  Pind.  Ifem,)  The  gymnic  contests  at 
Nemea,  as  regards  the  subjects  of  competition, 
corresponded  closely  with  those  at  Olympia. 
The  following  are  expressly  mentioned: — ^The 
simple  foot-race  (yvfurhr  ordJiiov)  for  men  and 
boys ;  the  wrestling  bout  (rdXii)  for  men  and 
boys;  the  w^rro^AoK  for  men  and  boys;  the 
wayKfidriov  for  men  and  boys  (Pind.  Nem. 
passim;  Herod,  vi.  92,  ix.  7.*)).  That  boxing 
(irvy/btax^a)  was  a  subject  of  competition  may  be 
inferred  from  Pausan.  viii.  40,  3.  We  learn 
further  from  Pausanias  (ii.  15,  2)  and  Pindar 
that,  besides  the  simple  foot-race,  the  Nemean 
games  included  the  armour-race  (dxKirris 
ip6fios)  and  the  long  race  (6  i6\ixos — noiics 
accent).  In  the  equestrian  contests  we  know 
that  Alcibiades,  Chromios  of  Aetna,  and  Polykl^ 
of  Sparta  (Pausan.  i.  22,  6)  were  victorious. 

That  the  games  occupied  more  than  one  day 
may  be  inferred  from  Liv.  xxvii.  31,  where  he 
uses  the  words  per  dies  festos  in  reference  to 
them. 

The  Argives,  as  has  been  said  above,  ulti- 
mately supplanted  the  Kleonaeans  as  presidents 
of  the  Nemean  festival,  but  they  occasionally 
delegated  this  function  to  military  chieftains, 
like  Philip  of  Macedon  or  Titus  Quintius 
Flamininus  (lav.  xxvii.  30,  xxxiv.  41).  In  a  late 
inscription  the  olficers  who  actually  presided 
are  referred  to  as  Hellanodikae  ('£AAai/o9/icat). 
Boeckh  conjectured  that  these  were  twelve  in 
number,  while  those  who  discharged  the  like 
duty  at  Olvropia,  and  bore  the  same  title, 
numbered  only  ten  (Boeckh,  C.  I.  1126,  p.  581). 
Like  the  other  great  Pan-Hellenic  festivals, 
the  Nemean  was  an  iyitp  irrc^ayfrifs,  i,e.  one  in 
which  the  victor  obtained  a  wreath  in  token  of 
his  victory.  The  Nemean  wreath  was,  according 
to  some  accounts,  at  first  woven  of  olive-sprays 
(Mo/a),  the  garland  of  green  parsley  (x^»^ 
ffdXipa)  having  replaced  it  afterwards ;  according 
to  others,  the  parsley  wreath  was  the  original 
prize  (as   it  continued  to  be   throughout  his- 

Q  2 


228 


NEMESEIA 


NERVUS 


torical  times)  on  account  of  its  special  fitness,  as 
an  emblem  of  mourning,  to  be  associated  with 
the  memory  of  Archemoros.  But  a  different 
myth,  already  alluded  to,  represents  Heraklfis, 
when  he  instituted  the  games  after  overcoming 
the  lion,  as  having  also  appointed  the  parsley- 
wreath  to  be  the  victor's  reward.  And  this 
latter  account  seems  to  have  been  present  to  the 
mind  of  Pindar,  for  he  speaks  of  the  wreath  as 
fiordya  Kiomos  {Nem.  vi.  71,  72). 

During  the  celebration  of  each  Nemean 
festival  a  cessation  of  hostilities  {iKtx*^^^ 
<rwop9ai)  between  belligerents  was  an  imperative 
dutv  (cf.  iw  Upofiriyiq,  Nc/ic(£8i,  Pind.  Nem,  iii.  2, 
with  scholJ).  A  sacred  embassy,  too,  was  on 
these  occasions  sent  by  each  of  the  several 
Hellenic  states  to  Kemea,  with  offerings  to 
Nemean  Zeus  (Demosth.  Meid,  p.  552,  §  115). 

Historians,  as  well  as  late  coins  and  inscrip- 
tions, testify  that  the  (still  so  called)  Nemean 
games  came  to  be  regularly  held  in  Argos 
(Polyb.  V.  101,  5;  Diod.  xix.  64;  Liv.  xxx.  1 ; 
Boeckh,  C.  L  234,  p.  356).  On  a  comparatively 
early  occasion,  indeed,  Argos  had  been  the  scene  of 
the  festival.  For  the  circumstances,  vid.  Plut. 
Arat.  28.  Local  festivals,  named  after  the  great 
Nemean,  were  established  in  many  places,  e.g,  at 
Aetna  in  Sicily  (Schol.  Pind.  Olymp.  xiii.  158) 
and  at  Megara  (Schol.  Pind.  Olymp.  vii.  157). 
That  Nemea  were  also  instituted  at  Anchialos'  in' 
Thrace  may  be  inferred  from  a  medal  stamped 
under  Caracalla,  bearing  the  name  NEMAIA 
(instead  of  the  usual  NEMEiA)  ;  and,  from  the 
fact  of  its  bearing  also  the  word  CEOYKI^IA, 
the  further  inference  has  been  drawn  that 'the 
Thracian  Nemea  were  founded  in  honour  of 
Sept.  Severus.  (For  more  detailed  information 
respecting  Nemea,  see  Krause,  PythieHf  Nemeen, 
u.  Isthmiefiy  whose  guidance  has  been  mainly 
followed  in  the  present  article.)  [J.  I.  B.] 

NEMESEIA  (vcjucVcia),  undoubtedly  the 
same  as  the  Genesia  (y€if4<rtay,  was  a  public 
festival  celebrated  at  Athens  on  the  5th  of  the 
month  of  Boedromion  (Bekker,  Anecd.  pp.  86, 
231,  and  282).  As  to  the  rites  and  ceremonies 
■observed  on  the  occasion,  nothing  is  known. 
The  name  Nemeseia  or  Nemesia  was  given  to 
the  solemnity,  because  ri  N^fitcit  M  r&v  inro- 
BaM6vrw¥  rirtucrai.  It  would  seem  that  the 
name  was  sometimes  applied  to  certain  funeral 
rites  performed  by  private  persons  in  honour  of 
a  deceased  member  of  a  family.  (Demosth.  wphs 
2irov8.  p.  1031 ;  comp.  Harpocrat.  p.  206,  and 
A.  Mommsen,  Eeortoi.  p.  209.)  [L.  S.] 

NE'NIA.    [FuNUS.] 

NEO'CORI  (vcwic^poi)  signified  originally  a 
temple-attendant  ;  perhaps  a  temple  -  avceeper 
(Hesych.  s.  v.),  which  may  well  be  illustrated  by 
Ion's  description  of  his  office  (Eur.  Ion,  121): 
others,  however,  prefer  to  connect  the  termina- 
tion with  the  root  of  0ovko\os,  aJiyiKopfiSi  colo 
in  the  sense  of  tertding  (cf.  Suid.  s.  v. ;  Curtius, 
Gr.  Etym,  463).  However  that  may  be,  the 
word  was  applied,  even  in  early  times,  to 
priestly  officers  of  high  rank,  who  had  the 
8ui)erintendence  of  temples  and  their  treasures 
(Plat.  Legg.  ri.  p.  759  A  ;  Xen.  Anab.  v.  3,  §  6). 
Under  the  Empire  the  word  was  especially 
applied  to  those  cities  in  Asia  which  erected 
temples  to  the  Roman  emperors,  since  the  whole 
city  in  such  a  case  was  regarded  as  the  guardian 
of  the  worship.    These  sanctuaries  for  the  cult 


of  the  emperor  began  in  the  lifetime  of  Aagustus, 
at  Cyzicus  (Tac.  Ann.  iv.  36)  and  elsewhere. 
Not  only  the  cities  which  possessed  a  temple  of 
this  kind  (distinct  from  the  worship  of  Rom« 
and  Augustus  by  the  entire  province),  but 
also  those  which  contributed  (Dio  Chrjrsost.  ii. 
p.  70)  to  its  support,  were  called  rfwie^poi 
of  the  emperor :  the  name  belonged  to  the 
city,  not  to  any  religious  official.  Accordingly 
we  frequently  find  on  the  coins  of  Ephesus, 
Smyrna,  and  other  cities  the  epithet  N BO- 
KO POZ,  which  also  occurs  in  the  inscriptions 
of  those  cities  (see  Conybeare  and  Howson,  Si. 
Paul,  ch.  xvi.  fin.),  ^o  city  was  allowed  to 
assume  this  office  without  the  permission  of  the 
Roman  senate,  as  is  clear  both  from  inscriptions 
and  from  Tac.  Ann.  iv.  55,  56,  from  whom  we 
learn  also  that  Cyzicus  was  punished  for  neg* 
lecting  the  duties.  The  name  belonged  to  the 
city,  not  to  any  religious  officiaL  These  local 
cults  were  directed  by  a  sacerdoa  or  kpxi^^^ 
who  must  be  distinguished  from  the  iipxifp^vi 
'Afflas  (='A<ri^x^')»  ^^  priest  of  the  Koinon, 
i.e.  the  union  of  the  whole  province  of  Asia 
for  the  worship  of  Rome  and  Augostiu 
[Asiauchae].  The  neocorate  (as  was  said 
above)  was  distinct  froni  this,  and  belonged  to 
separate  cities,  a  single  neocorato  implying  a 
single*  temple  maintained  to  an  emperor  or 
imperial  family:  a  city  might  be  dlf  or  rpls 
y€»K6pos,  if  it  had  two  or  three  temples  to 
two  or  three  different  emperors  or  imperial 
families.  (See  Ramsay  in  Class.  Remevc^  iii.  175 
[1889];  Marquardt,  Staatsv.  i.  504,  iiL  464.) 
[Aeditui.]  [W.  S.]    [G.  E.  M.] 

NEODAMO'DEIS      {wio^aiiMta).      [He- 

L0TES.1 

NEPTUNA'LIA,  a  festival  of  Neptune, 
celebrated  at  Rome  (Varr.  L.  L.  vi.  19).  Th«> 
day  on  which  it  was  held  was  the  23rd  of  July. 
In  the  ancient  calendaria  this  day  is  marked  a> 
Nept.  ludi  et  feriae,  or  Nept.  ludi,  from  which 
we  see  that  the  festival  was  celebrated  with 
games.  Respecting  the  ceremonies  of  this  fes- 
tival, nothing  is  known,  except  that  the  people 
used  to  build  huts  of  branches  and  foliag** 
(umbrae,  Fest.  s.  v.  Umbrae),  in  which  they  pro- 
bably feasted,  drank,  and  amused  themselves. 
(Hor.  Carm.  iii.  28,  1,  &c. ;  Tertull.  de  Spfct. 
6.)  The  lines  of  Ausonius  (Ed.  de  Feriis,  19  ff.) 
may  perhaps  imply  that  navigia  took  part  in 
the  festival  of  Neptune,  while  ^ladngae  belonged 
to  the  Consualia.  [L  S.] 

NERO'NIA.      [QUINQUENNALIA.] 

MEBVU8,  a  sort  of  stocks  (J^6\ov,  also  to8<>- 
KdKKfi,  x^W)*  i^  which  criminds  were  confined, 
used  frequently  as  a  punishment  for  slaves.  The 
original  meaning  was  probably  a  thong  or  a 
strap  (corresponding  to  the  other  uses  of  the 
word),  and  with  this  strap  the  feet  were  tied  to 
a  post:  BO  Festus  defines  it  as  ''ferrenm  vin- 
culum quo  pedes  impediuntur,"  but  adds  that 
it  also  confined  the  neck  sometimes;  hence  it 
may  be  said  to  have  combined  the  pillory  and 
the  stocks.  This  will  explain  the  expression 
nertuin  brachialem  (Plant.  Poen.  v.  4,  99V 
which  means  embracing  by  throwing  the  arms 
about  the  neck.  The  words  numella  and  boiu 
had  the  same  sense,  and  both  of  these  (though 
not  nerrus)  were  used  to  express  the  ordinary 
method,  still  in  use,  of  fastening  up  cattle  by 
the  neck  (Coluin.  B.  R.  Ti..l9).    It  is  clear  that 


KBUBOSPASTA 


NEXUM 


229 


the  acmia  wis  not  merely  bonds,  like  oompedes^ 
Uit,  more  like  modem  stocks  and  pillory,  had  a 
wooden  framework  with  holes  for  hands,  feet, 
lad  neck,  which  were  kept  in  their  places  by 
.roa  bands  and  collars:    hence   Aristophanes, 
EqmiL  1049,  calls  the  |tfXoy  ircrreW>pc77o^,  ue. 
baring  fire  holes,  for  feet,  hands,  and  neck.    (The 
cXm^s  seems  to  hare  confined  the  neck  and 
hsndt  only :  Ladan.   Toxarch,  29 ;   the  k^^v 
held  the  neck.)    This  ^  support "  of  the  neck  is 
probably  indicated  by  Plantos  in  the  expression 
OS  ooAaimatem,  when  he  speaks  of  the  pnnisb- 
caent  of  Xaevius  for  libel :  probably  also  by  the 
f<«T0cfiun  jwpihan  of  the  oaptivus  (Mor.  Sat.  i. 
K  ^)>    The  stocks  were  used  for  the  imprison- 
ment of  freebom  malefactors  as  well  as   for 
sUres,  both  among  Greeks  and  Romans.     The 
«v^  is    used   for   state-prisoners   at  Thebes 
(Anst.  /V»'.  Till.  6,  15  =  p.  1306) :  we  find  the 
amvs  for  thieres  (Plant.  Aid.  ir.  10,  13) ;  for 
debtors,  by  Law  of  Twelve  Tables  (op.  Gell. 
II.  IX  *^vindto  aut  nerro  aut  compedibus" 
^Exuv] :  compare  Ut.  vi.  15.     So  as  a  common 
part  of  imprisonment  (cf.  Act.  Apost.  ivi.  24)  it 
k  often  used  as  equivalent  to  career  (Ter.  Phorm, 
IT.  4. 15,  &C.).  [G.  E.  M.] 

KEXJB08PA8TA.    [Pppa.] 

N£XUM.  The  most  general  meaning  of 
thii  obscure  and  mnch-debated  term  seems  to  be 
%nr  legal  transaction  entered  into  with  the  well- 
tnown  form  of  the  Balance  and  Bronze.  Festus 
!>ayi,  **Xexam  est,  nt  ait  Gallus  Aelius,  qnod- 
•  onqne  per  aes  et  libram  geritur,  idqne  uecti 
dicitnr:  quo  in  genere  snnt^haec:  testamenti- 
&etio,  neti  datio,  nezi  liberatio:"  similarly 
Varro  {L.  L.  rii.  105),  **  Nexum  Manilius  scribit 
t'OiBe  qnod  per  aes  et  libram  gentur,  in  quo 
sunt  mancipia :  "*  the  similarity  of  the  ezpres- 
^kiD  suggesting  strongly  that  both  writers  were 
Transcribing  somewhat  unintelligently  from  an 
•4dcr  author.  But  some  writers  (among  whom 
Varro  mentions  Mucins  Scaerola)  seem  to  have 
ratricted  the  signification  of  nexum  to  trans- 
actions effected  per  aes  et  ISbrarn  with  the  object 
'ti  creating  an  obligation — ^in  other  words,  to 
contract  as  opposed  to  mere  conveyance:  and 
there  is  a  Urge  consensus,  if  not  complete 
Baanimity,  among  those  learned  in  the  antiqui- 
ties of  Roman  law,  in  favour  of  the  view  that 
there  was  a  very  old  contract-form  among  the 
i^4aans  called  nexum^  in  which  the  obligation 
"T  juris  vinculum  was  established  by  the  use  of 
the  aes  et  libra,  and  which,  so  long  as  it  sub- 
sisted, possessed  at  least  one  very  peculiar 
ciiaracteristic,  which  made  it  extremely  popular 
unong  the  wealthy  patrician  lending  class  at 
Bcme. 

It  is  supposed  that  the  form  was  originally 
employed  for  creating  money  loans.  The  cere- 
monial was  the  same  in  substance  as  that  in 
erery  mancipation,  and  included  the  presence, 
i^idcs  the  parties  themselves,  of  the  five  wit- 
tKsses  and  a  libripens.  But  to  the  conveyance 
"i  the  money,  which  alone  an  ordinary  mancipa- 
tion would  nave  contained,  there  seems  to  have 
^jeea  superadded  a  damnatio  by  the  lender, 
>aalogous  to  that  in  one  of  the  four  old  forms 
"f  bequest  [Lboatuv],  which  Uuschke  conjee- 
tares  to  have  mn  somewhat  as  follows :  **  Quod 
-fo  tibi  mllle  aaies  hoc  aere  aeneaque  libra  uexos 
'^^i.  eoa  ta  mihi  post  annum  cum  fenore 
sadario  dare  damnas  esto."    According  to  this 


view,  the  obligation  arose,  as  it  were,  from  an 
act  of  legislation,  the  five  witnesses  representing 
the  whole  populus,  as  in  other  transactions  in 
which  the  same  form  was  observed.  By  others 
(especially  Niebuhr,  following  Salmasius)  the 
obligation  is  held  to  originate  in  a  second  manci- 
pation :  the  lender  conveyed  the  money  to  the 
borrower,  and  then  the  latter  sold  or  pledged 
himself  to  the  former  as  a  security  for  repay- 
ment, it  being  provided  that  no  action  was  to  be 
taken  on  this  sale  or  mortgage  of  the  person 
until  default  had  been  made  in  performance  of 
the  obligation :  but  since  Savigny's  essay  referred 
to  at  the  conclusion  of  this  article,  the  hypothesis 
of  a  sale  or  pledge  of  himself  by  the  borrower 
seems  to  find  few  supporters.  So  much  as  to 
the  divergent  views  as  to  the  precise  mode  in 
which  the  obligation  to  repay  the  money  loan 
originated.  Subsequently  it  is  believed  that  by 
the  fiction  of  a  money  loan  other  contracts  (e.g. 
sales)  came  to  be  represented  as  made  by  nexum, 
which  thus  became  an  abstract  form  in  which 
any  transaction  which  left  an  outstanding  money 
debt  could  be  expressed  (Liv.  viii.  28).  The 
debt  was  termed  nexum  aes  ("  nexum  aes  apud 
antiques  dicebatur  pecnnia,  quae  per  nexum 
obligatnr,**  Festus:  so,  too,  Varro  observes, 
*<  Quod  obligatur  per  libram,  nee  suum  sit,  inde 
Nexum  dictum "),  and  sometimes,  too,  perhaps 
nuncupata  pecunii ;  for,  according  to  Festus, 
"  nuncupata  pecnnia  est,  ut  ait  Cincius  in  lib.  ii. 
de  officio  jurisconsult!,  nomina  certa  nominibos 
certis  pronuntiata:  cuu  nexum  faciet  man- 

CIPIUMQUE,  en    LINGUA    NUNCUPA8BIT,   ita    Ut 

nominavit  locutusve  erit,  ita  ius  esto."  The 
making  of  a  contract  in  this  form  was  known  as 
next  datiOy  and  the  debtor  was  said  nexum  inire  " 
(Liv.  vii.  19). 

The  peculiarity  of  this  form  of  incurring 
obligation,  to  which  it  owed  its  popularity 
among  the  lending  class,  was  that,  if  the  day 
fixed  for  payment  passed  without  such  payment 
being  made,  the  creditor  was  under  no  necessity  of 
bringing  an  action  at  law  to  prove  the  existence 
of  the  debt :  the  debtor  stood  on  the  same  foot- 
ing with  a  defendant  against  whom  a  judgment 
had  been  given  (judicatus)^  or  who  had  admitted 
his  liability  in  court  (in  jure  confesstu) :  he 
became  nexus  himself,  and  liable  forthwith  to 
the  severe  execution  procedure  by  manus  injectio^ 
or,  as  Holder  expresses  it,  **  Nexum  ist  die 
Begriindung  einer  Executionsreifen  Geldschuld 
per  aes  et  libr.im.'*  "Liber"  (says  Varro) 
^qui  suas  operas  in  servitutem  pro  pecunia 
quadam  debebat,  dum  solveret,  nexus  vocatur, 
ut  ab  aere  obaeratus ; "  a  definition  clearly 
referring  to  the  nexus'  liability  to  be  sold  into 
foreign  slavery  at  one  time,  and  later  to  work 
out  his  debt  as  quasi-slave  of  his  creditor.  As 
soon  as  the  day  fixed  for  repayment  had  passed, 
the  latter  could  arrest  him  at  once,  take  him 
before  the  praetor,  and  afler  statement  of  the 
contract  (supported,  it  may  be  presumed,  by  the 
evidence  of  the  five  witnesses)  have  him,  along 
with  the  children  in  his  power  (Liv.  ii.  24 ; 
Dionys.  vi.  29,  37),  addictus  in  the  usual  way 
to  himself  by  ithe  magistrate.  After  such 
addiciiOf  the  debtor  was  in  the  unenviable  posi- 
tion described  under  Manus  InjectiO,  of  which 
a  full  account  is  given  by  Gellius  (xx.  1). 
Unless  he  paid  the  debt,  or  got  a  vindex  to 
undertake  his  defence  at  the  risk  of  being  con- 


230 


NEXUH 


NEXI7U 


dem&ed  io  double  damages,  the  creditor  led  him 
away  and  kept  him  chained  and  fettered  in  oDe 
of  the  private  prisons  so  familiar  to  readers  of 
early  Roman  history,  in  which  he  had  the  privi- 
lege of  being  supported  on  his  own  means,  in 
default  of  which  the  creditor  was  bound  to 
provide  him  daily  with  at  least  a  pound  of  meal. 
His  detention  here  lasted  for  sixty  days,  during 
the  first  half  of  which  be  could  still  procure  his 
release  by  pavment  or  compromise :  during  the 
second  half  the  creditor  had  to  take  him  before 
the  praetor  on  three  successive  market*days, 
and  publicly  proclaim  the  amount  of  the  debt, 
to  give  anyone' else  an  opportunity  of  saving 
him  from  the  final  severities  prescribed  by  the 
i^  Twelve  Tables.  At  the  conclusion  of  the  sixty 
days,  if  the  money  were  still  unpaid,  the  creditor 
had  the  choice  of  two  alternatives:  either  to 
set  him  free,  or  to  remove  him  from  the  list  of 
Roman  citizens  by  selling  him  into  foreign 
slavery  or  killing  him.  If  there  were  more 
than  one  creditor,  the  statut-e  permitted  them 
to  cut  each  from  his  body  a  portion  proportionate 
to  their  claims :  **  tertiis  nundinis  partes 
secanto:  si  plus  minusve  secuernnt,  se  frande 
esto.*'  The  advantages  of  nexum,  as  a  form  of 
contract,  thus  consisted  in  the  creditor's  being 
dispensed  from  the  necessity  of  proving  his  debt 
by  the  oi*dinary  legal  process ;  over  the  ordinary 
creditor  he  had  a  superiority  analogous  to  that 
of  the  landlord  who  can  distrain  for  rent.  But 
this  was  seriously  curtailed  by  a  Lex  Yallia 
(Gaius,  iv.  25,  Studemund),  which  limited  the 
operation  of  mantis  injectio  in  its  original  form 
to  the  cases  of  judgment  debtors  and  defendants 
condemned  in  an  actio  depenai  [Intercessio]  : 
the  nexum«debtor,  on  being  arrested  for  non- 
payment, was  allowed  **  sibi  manum  depellere  et 
pro  se  agere;*'  he  was  no  longer  obliged  to 
submit  to  imprisonment  until  the  debt  was 
proved  against  him  by  ordinary  legal  process, 
and  against  this  he  could  defend  himself  in 
person,  instead  of  through  a  vindex,  though 
still  he  would  have  to  pay  double  damages  if 
cast  in  the  suit.  Subsequently  a  statute  usually 
called  Poetelia  or  Poetelia  Papiria,  the  relation 
of  which  to  the  Lex  Yallia  is  very  obscure,  is 
believed  to  have  practically  put  an  end  to 
nexum  as  a  form  of  contract  altogether.  The 
passages  on  which  this  inference  is  based  are 
the  following : — Liv.  viii.  28,  **  Eo  anno  plebei 
Romanae  velut  aliud  initium  libertatis  factum 
est,  quod  necti  desiernnt :  mutatum  autem  jus 
ob  unius  feueratoris  simul  libidiuem  simul  cm- 
delitatem  insignem.  L.  Papirius  is  fuit,  cui 
cum  se  T.  Publilius  ob  aes  alienum  patemum 
nexum  dedisset,  quae  aetas  formaque  miseri- 
cordiam  elicere  poterat,  ad  libidinem  et  con- 
tnmcliam  animum  accenderunt.  Yictum  eo 
die  ob  impotentem  injuriam  unius  ingens  vin- 
culum fidei :  jussique  const^es  ferre  ad  populum, 
ne  quia,  nisi  qui  noxam  memiaset,  donee  poenam 
Ineret,  in  oompedibns  aut  in  nervo  teneretnr, 
pecuniae  creditae  bona  debitoris  son  corpus 
obnoxium  esset.  Ita  nexi  soluti  cautumque 
in  postemm  ne  necterentur ; " — Cic.  de  B^ibl, 
ii.  34,  59,  "  Cum  sunt  propter  unius  libidinem 
omnia  nexa  civium  liberata,  nectierque  postea 
desitum;"  —  Varr.  L,  L,  vii.  105,  "utomnes, 
qui  bonam  copiam  jurarunt,  ne  essent  nexi  sed 
soluti"  (cf.  Dionya.  xvi.  5).  The  general 
result  of  the  statute  seems  to  have  Iraen  to 


release  all  those  who  at  the  time  of  its  ensct- 
ment  were  in  private  imprisonment  under  a 
nexum,  because  they  had  not  chosen  to  dispate 
their  liability,  and  to  prohibit  for  the  future  the 
employment  of  maniis  inj«!iio  in  any  form 
against  debtors  who  bad  incurred  an  obligation 
in  this  manner ;  nexum  lost  the  last  of  its  oM 
advantages  for  the  creditor  which  the  Lex 
Yallia  had  left  it,  and  so  went  out  of  ue: 
**  Nectier  postea  desitum."  It  is  not  improha- 
ble  that  the  Lex  Silia,  which  introduced  a  mw 
legit  actio  for  the  recovery  of  money  debts,  was 
occasioned  by  this  legislation. 

It  would  seem  that  even  before  the  Lex  Poe* 
Ulia  the  rnle  of  the  Twelve  Tables,  which 
compelled  the  creditor,  after  the  lapse  of  sixty 
days,  to  either  release,  kill,  or  sell  the  dAiiar 
ackiictus  into  foreign  slavery,  had  been  repealed 
or  gone  into  desuetude.  The  Lex  Poetilia  sanc- 
tioned the  retention  of  the  debtor  as  a  quasi- 
slave  of  the  creditor,  but  prohibited  the  use  of 
bonds  or  fetters  unless  the  action  in  which  he 
had  been  condemned  was  ex  delicto:  he  could 
be  kept  at  work  by  the  creditor,  the  value  of 
his  labour  being  deducted  from  the  sum  of  his 
debt,  and  returned  to  his  former  status  as  soon 
as  it  had  been  discharged  in  full. 

Corresponding  to  the  creation  of  an  obligation 
by  nexum  was  a  similar  method  of  discharge, 
called  nexi  liberatio.  The  form  of  this,  though  do 
longer  used  for  this  particular  purpose  after 
nexum  had  ceased  to  exist,  survived  for  the 
discharge  of  other  obligations  held  to  be  in- 
curred per  act  et  libram  or  in  a  similar  manner: 
its  application  in  the  payment  o^  judgment 
debts  and  of  legacies  given  per  damnatiimem  is 
described  by  Gaius  (iiL  173-175). 

Though  this  general  theory  of  nexum  as  s 
contract-form  is  accepted  (with  more  or  less  of 
divergence  and  modification)  by  most  writers  on 
Roman  law,  it  should  be  remarked  that  the 
passages  in  the  Latin  authors  in  which  the 
words  nectere,  nexum,  nexut  occor,  contain  ia 
themselves  very  little  to  support  it.  The  writer 
of  this  article  has  been  favoured  by  Professor 
Nettleship  of  Oxford  with  an  exhaustive  exami- 
nation of  these  passages,  the  general  condnsion 
to  which  he  was  led  being  that  the  t«rn» 
express  only  obligation  in  general,  especially 
obligati<Hi  in  the  Vay  of  pledging,  and  that  the 
hypothesis  of  a  special  contract  called  nexum, 
coordinate  with  stipulatio  and  expensilatio,  is 
really  untenable.  If  the  writer  understands 
him  correctly,  he  takes  the  passages  deaUng 
with  the  ao-called  Lex  Poetelia  to  chronicle  onlr 
the  abolition  of  the  private  prisons  of  the 
Roman  usurers,  or  at  any  rate  the  prohibition  of 
the  older  severities  on  the  part  of  the  gaoler, 
whatever  the  nature  of  the  action  in  which  the 
defendant  had  been  condemned. 

Among  earlier  writers  there  appears  to  bare 
been  considerable  confusion  between  nexwn  snd 
addictio,  "  Addicere  "  apparently  expresses  the 
magisterial  award  of  one  person  to  another— 
under  the  older  and  more  severe  procedure,  for 
private  execution  or  sale  into  foreign  slaverr: 
under  the  later  system,  to  work  out  by  his 
labour  the  sum  due  to  his  unsatisfied  creditor. 
A  man  might  be  addidue  either  because  he  was 
judicaiua  or  confesetUf  because  he  had  failed  to 
perform  a  contract  into  which  be  had  entered  by 
nexum,  or  under  the  Twelve  Table*  because  be 


KOBILSa  NOBIUTAS 

had  been  coDvicted  of  furtum  manife$tum 
(Gaias,  iii.  189) ;  but  the  relation  between  the 
two  terms  seems  sufficiently  clear,  though 
Niebahr  was  the  first  writer  who  placed  it  in 
clear  lighL  He  himself  found  the  leading 
clisrscteristic  of  ntxum  in  the  sale  or  pledging 
i}f  his  own  person  bj  the  debtor ;  bHit  this  idea, 
.n  hu  been  obserred  above,  was  strongly  com- 
ut«d  bj  Sarigny,  who  propounded  the  theory 
that  the  personal  execution  known  as  nanus 
injtctio  was  allowed  only  on  money  loans  and 
oihMT  debts  fictitiously  represented  as  money 
loans  by  means  of  nezum ;  the  execution  upon 
all  other  judgments  was  against  the  property^ 
Dot  against  the  person,  of  the  debtor.  This, 
bowerer,  has  found  little  faTour  with  Savigny's 
aneceuors,  and  seems  to  be  sufficiently  disproTed 
bj  Gains  (ir.  21),  who  says  that  maims  mjectio 
vas  prescribed  as  the  proper  procedure  on  all 
judgment  debts  whatsoever  by  the  Twelve 
Tables.  A  divergent  view  expounded  with  great 
falness  by  Uusdike,  and  adopted  by  Mr.  Long 
ia  the  earlier  editions  of  this  work,  is  that 
sexun  entitled  the  creditor  to  seize  the  debtor, 
and  to  treat  him  in  the  manner  described  by 
<s«niQa,  without  resorting  to  the  magistrate  for 
faxvasi  addicUo  at  all.  Van  Heusde  represents 
nezom  as  the  condition  from  which  addktio 
proceeded,  and  thinks  that  the  Lex  Poetelia 
abolished  both  by  permitting  in  the  future  only 
execution  against  the  property ;  but  the  sur- 
Tiral  otaddkiio  in  conseqaence  of  maniu  injectio 
resorted  to  upon  a  judgment  to  far  later  times 
IS  proved  clearly  by  Liv.  xxxiiL  14;  Sallust. 
Cat  33 ;  ac.  pro  Fhcoo^  20-22,  48-53. 

(The  best  discussions  on  the  subject  are  Kie- 
btihr,  E9m,  GeschkhU,  i.  637-644,  ii.  667-673, 
iii.  178-181 ;  Sarignv,  Ueber  das  altrdmische 
SekuJOrecht,  vermucht'e  Schrifim,  ii.  396-470; 
Scheorl,  Vom  AVamm,  Erlangen,  1839 ;  C.  Sell, 
dg  peris  Romani  nexo  et  mancipio,  Brunswick, 
IS40 ;  C.  Van  Hensde,  de  lege  Poetdia  PapiriOy 
1842;  Bachofen,  Das  Nexrnny  1843;  Danz, 
GestAkiU  des  rUm,  Reekts,  1846,  TheU  ii.  85- 
106;  Buschke,  Ueber  dca  Recht  des  Nexum, 
Leipzig,  1846 ;  Giraud,  Des  Next  ou  de  la  con- 
^m  des  d^itettrs  chez  les  Bomains,  Paris,  1847 ; 
Mairkead,  ^omoii  Lenc ;  Puchta,  Institutionieny 
^  162,  269,  277,  321.)  [J.  B.  M.l 

KCyBILES,  NOBI'LITka  In  the  earliest 
period  of  Roman  history  the  Patricians  or 
Patres,  who  belonged  to  the  older  organisation 
of  the  populns  in  curiae,  gentes,  and  familiae, 
▼ere  the  nobles  as  opposed  to  the  Plebs :  they 
practically  monopolised  political  power  and  the 
<listinetion  which  such  power  brings.  Livy, 
vho  wrote  in  the  age  of  Augustus,  and  is  not 
very  careful  in  the  use  of  terms,  often  designates 
tbe  Patricians  by  the  term  tiobilis  (vi.  42) ;  and 
jet  fubSiSf  in  its  proper  historic  sense,  has  a 
diferent  meaning. 

In  Kc  366  the  plebeians  obtained  the  right 
<>f  being  eligible  to  the  consulship,  and  finally 
V'ere  admitUd  to  all  the  cnrule  magistracies. 
This  the  two  classes  were  put  on  the  same 
footing  as  to  political  capacity.  Those  plebeians 
vho  had  obtained  a  curule  magistracy  were 
tbu  elevated  above  their  own  body,  and  the 
personal  distinction  of  a  fiather  would  confer 
<iistinetion  on  his  descendants.  It  is  in  the 
utnre  of  aristocratic  institutions  to  perish  if 
they  are  exclusive :  but  they  perpetuate  them- 


NOBILfiS,  NOBILTTAS         231 

selves  by  giving  a  plebeian  class  the  power  of 
acquiring  a  share  in  the  lustre  they  bestow. 
Those  who  are  received  within  the  body  of 
nobles  are  pleased  at  being  separated  from  their 
former  companions,  and  are  at  least  as  exclusive 
in  their  notions  as  the  original  members  of  the 
class  which  they  have  joined. 

This  was  the  history  of  Nobilitas  at  Rome. 
The  sharp  distinction  between  plebeians  and  the 
old  patricians  became  blurred  no  less  by  their 
political  equalisation  than  by  the  greater  fre- 
quency of  marriages  between  them  after  the 
enactment  of  the  Lex  Canuleia;  but  the  de- 
scendants of  plebeians  who  had  filled  curule 
magistracies  formed  a  class  caUed  Nobiles  or 
men  **  known,"  in  contrast  with  Ignobiles  or 
people  who  were  not  known.  The  Nobiles  had 
no  legal  privileges  as  such :  but  they  were 
bound  together  by  a  common  distinction  derived 
from  a  legal  title  and  by  a  common  interest; 
and  their  common  interest  was  to  endeavour  to 
confine  the  election  to  all  the  high  magistracies 
to  the  members  of  their  own  body,  to  the 
Nobilitas.  Thus  the  descendants  of  those 
plebeians  who  had  won  their  way  to  distinction 
combined  to  exclude  other  plebeians  from  the 
distinction  which  their  own  ancestors  had  trans- 
mitted to  them. 

The  external  distinction  of  the  Nobiles  was 
the  Jus  Imaginnm,  a  right  or  privilege  which 
apparently  was  established  on  uaage  only,  and 
not  on  any  positive  enactment.  These  Imagines 
were  figures  with  painted  masks  of  Wax,  made 
to  resemble  the  person  whom  they  represented 
(Pliny,  H.  If.  xxxv.  §  2,  *'  expressi  cera  vultus  **) ; 
and  they  were  placed  in  the  atrium  of  the 
house,  apparently  in  small  wooden  receptades 
or  cases  somewhat  in  the  form  of  temples 
^^\tya  ycdSio,  Polyh.  vr.  53).  The  Imagines 
were  accompanied  with  the  tituii  or  names  of 
distinction  which  the  deceased  had  acquired ; 
and  the  tituii  were  connected  in  some  way  by 
lines  or  branches  so  as  to  exhibit  the  pedigree 
(stemma)  of  the  family :  cf.  the  passages  quoted 
in  Becker,  JIandtnich  der  rdnUschen  MterthUmer, 
ii.  p.  222,  note  53.  These  Imagines  were  gene- 
rally enclosed  in  their  cases,  but  were  brought 
out  on  festival  days  and  other  great  ceremonials, 
and  crowned  with  bav  (laureatae):  they  also 
formed  part  of  a  solemn  funeral  procession. 
The  most  complete  account  of  them  is  in  the 
passage  of  Polybius  already  referred  to;  but 
there  is  frequent  mention  of  them  in  the  Roman 
writers. 

These  were  the  external  marks  or  signs  of  a 
Nobilis  Familia :  a  kind  of  heraldic  distinction 
in  substance.  The  origin  of  this  use  of  Ima- 
gines, from  which  the  notion  of  Roman  Nobilitas 
must  not  be  separated,  is  uncertain.  The  term 
Nobilitas,  as  already  observed,  is  applied  by 
Livy  to  a  period  of  Roman  history  before  the 
consulship  was  opened  to  the  plebeians ;  and  it 
is  not  improbable  that  the  patricians  had  the 
use  of  Imagines,  which  those  plebeiana  after- 
wards adopted,  when  the  curule  magistracies 
were  made  accessible  to  them.  The  patricians 
carried  back  their  pedigrees  (stemmata)  to  the 
remotest  historical  period,  and  even  beyond  it 
(Tac.  Ann.  iv.  9) ;  and  the  practice  of  having 
Imagines,  clearly  connected  with  the  ancestor 
worship  of  primitive  races  which  Sir  Henry 
Maine  has  so  fully  discussed  in  his  Early  Law 


232         NOBILES.  NOBILITAS 

and  Custonif  probably  existed  before  the  notion 
of  the  Jus  Imagxnnm  was  established,  though  it 
is  equally  likely  that  that  notion,  as  well  as  the 
technical  conception  of  Roman  Nobilitas,  ori- 
ginated in  the  admission  of  the  plebeians  to  the 
conAulship.  Indeed,  as  the  object  of  the  pa- 
tricians, who  were  all  of  equal  rank  so  far  as 
their  class  was  concerned,  would  be  to  attach  to 
themselves  such  plebeians  as  were  elected  to 
cnrnle  magistracies,  it  seems  conformable  to  the 
nature  of  the  thing  that  the  family  of  such 
plebeians  should  be  allowed  or  invited  to  adopt 
some  existing  distinction  which  should  separate 
them  from  the  body  to  which  they  properly 
belonged.  Usage  would  soon  give  to  such  a 
practice  the  notion  of  legality;  and  thus  the 
Jus  Imag^um  would  be  established,  as  many 
Roman  institutions  l^ere,  by  some  general  con- 
viction of  utility  or  upon  some  prevailing 
notion,  and  it  would  be  perpetuated  by  custom. 

A  plebeian  who  first  attained  a  curule  office 
was  the  founder  of  his  family's  Nobilitas  (prtn- 
ceps  nobilitati9 — auctor  generis).  Such  a  person 
could  have  no  Imagines  of  his  ancestors ;  and  he 
could  have  none  of  his  own,  for  such  Imagines  of 
a  man  were  not  made  till  after  he  was  dead 
(Polyb.  /.  c).  Such  a  person  then  was  not 
no$t/ts  in  the  full  .sense  of  the  term,  nor  yet  was 
he  ignobilis.  He  was  called  by  the  Romans  a 
novus  homo  or  a  new  man,  and  his  condition  was 
known  as  Kovitas :  see  the  speech  which  is  put 
in  the  mouth  of  C.  Marius  in  Sallust,  Jug.  85. 
The  term  noous  homo  was  never  applied  to  a 
patrician.  The  first  novus  homo  of  Rome  was 
the  first  plebeian  Consul,  L.  Sextius,  and  the  two 
most  distinguished  novi  homines  were  C.  Marius 
and  M.  Tullius  Cicero,  both  natives  of  an 
Italian  mnnicipium. 

The  patricians  would  of  course  be  jealous  of 
the  new  nobility,  which  however,  when  once 
formed,  would  easily  unite  with  the  old  aristo- 
cracy to  monopolise  political  power,  and  to 
prevent  more  novi  homines  from  polluting  this 
exclusive  class  (Sallust.  Jug.  63).  Their  efforts, 
in  particular,  to  exclude  the  poorer  citizens  from 
rising  to  their  own  order  is  attested  by  the  rule 
established  from  the  time  of  the  First  Punic 
War,  that  the  cost  of  the  public  games  should 
be  no  longer  defrayed  by  the  treasury,  but  by 
the  aediles  (Dionys.  vii.  71),  and  the  aedileship 
was  the  first  step  to  the  higher  magistracies. 
As  early  as  the  Second  Punic  War,  the  new 
class,  composed  of  patricians  or  origiaal  aristo- 
crats,  and  Nobiles  or  newly  engrafted  aristocrats, 
was  able  to  exclude  novi  homines  from  the 
consulship  (Liv.  xxii.  34).  They  maintained 
this  power  to  the  end  of  the  Republican  period,  and 
the  consulship  continued  almost  in  the  exclusive 
possession  of  the  Nobilitas.  The  testimony  of 
Cicero,  himself  a  novus  homOf  on  this  point  is 
full  and  distinct. 

As  to  the  persons  who  would  be  included  in 
the  stemma  of  a  noble  family,  it  appears  that 
all  the  ascendants  of  a  man  up  to  the  ancestor 
who  first  attained  a  curule  office  would  be 
comprehended,  and  also  the  ascendants  on  the 
mother's  side  who  had  been  nobiles.  Adoption 
would  also  increase  the  number  of  persons  who 
would  be  comprised  in  a  stemma :  and  if  Affioes 
were  occasionally  included,  as  they  appear  to 
have  been,  the  stemma  would  become  an 
cuDrmous  pedigree. 


NOBILES,  NOBILITAS 

The  term  Optimates,  as  explained  by  Cicero 
(pro  Sest.  45),  is  opposed  to  Populares:  he 
describes  the  Optimates  to  be  all  those  "qui 
neque  nocentes  sunt  nee  natura  improbi  nee 
furiosi  nee  mails  domesticis  impediti."  This  is 
no  political  definition :  it  is  nothing  more  than 
such  a  name  as  Conservative  or  any  other. 
The  use  of  it  by  Livy  (iii.  39)  shows  how  he 
understood  it ;  but  it  is  only  confusing  to  employ 
it  in  relation  to  the  early  times  of  which  he  is 
speaking.  Velleius  (ii.  3)  describes  the  Opti- 
mates as  the  Senatus,  the  better  and  larger  part 
of  the  Equestris  ordo,  and  such  part  of  the  Plek 
as  were  unaffected  by  pernicious  counsels:  all 
these  joined  in  the  attack  on  Gracchus.  This 
opens  our  eyes  to  the  real  meaning  of  Optimates : 
they  were  the  Nobilitas  and  the  chief  part  of 
the  Equites,  a  rich  middle  class,  and  also  all 
others  whose  support  the  Nobilitas  and  Equites 
could  command :  in  fact  all  who  were  opposed 
to  change  that  might  affect  the  power  of  the 
Nobilitas  and  the  interests  of  those  whom 
the  Nobilitas  allied  with  themselves.  Optimates 
in  this  sense  are  opp<»ed  to  Plebs,  the  mass  of 
the  people :  and  Optimates  is  a  wider  term  than 
Nobilitas,  inasmuch  as  it  would  comprehend  the 
Nobilitas  and  all  who  adhered  to  them. 

The  term  Populares  is  vague.  It  could  be 
used  to  signify  the  opponents  of  the  Nobilitas, 
whether  the  motives  of  these  opponents  weir 
pure  and  honest,  or  whether  their  aim  was  self- 
aggrandisement  through  popular  favour.  Of 
Caesar,  who  sought  to  gain  the  popular  favour, 
it  was  truly  said,  that  it  was  not  so  much  what 
he  gave  to  the  people  which  made  him  formida- 
ble, as  what  he  would  expect  to  get  from  them 
in  return.  A  popularis  might  be  of  the  class  of 
the  Nobilitas,  and  very  often  was.  He  might 
even  be  a  patrician,  like  Caesar:  his  object 
might  be  either  to  humble  the  nobles,  to  promote 
the  interests  of  the  people,  or  to  promote  his 
own:  or  he  might  have  all  these  objects,  as 
Caesar  had. 

The  chief  passages  in  classical  writers  bearius^ 
on   the   contrast  of  nobUes,  ignobHeSj  and  nott 
homines  are  Cicero,  in  RuiL  ii.  1,  2 ;  pro  Ciuentio, 
40,  111;  Appian,  (fe  Bell.   Civ.  ii.  2;  Plutarch, 
Cato  Maj.  i. ;  Yell.  Pat.  ii.  128,  and  Asconius  in 
Argum.   Orat.  in   toga  candid  iy  p.  82  (Orelli). 
The  subject  of  Nobilitas  is  handled  by  Becker, 
in  the  work  already  referred  to,  and  there  are 
also  some  remarks  on   the  Roman  Nobiles  in 
Zachariae,  Sulh  (i.  5).     He  observes  of  Sulla 
that  though  his  family  was  patrician,  he  could 
hardly  be  considered  as  belonging  to  the  Nobile» 
in  the  strict  sense,  as  the  term  Nobilitas  implied 
that  some  one  of  a  man's  ancestors  had  filled  a 
curule  magistracy,  and  also  implied  the  posses- 
sion of  wealth.     But  this  is  a  confused  view  of 
the  matter.     Sulla's  ancestors  had  filled  curnle 
magistracies ;  and  though  his  family  was  poor* 
it  was  still  Nobilis.    A  Nobilis,  though  poor,  as 
Sulla  was,  was  Nobilis  still :   want  of  wealth 
might  deprive  a  man  of  influence,  but  not  of 
the  Jus  Imaginum.     If  there  was  any  patriciau 
whose  ancestors  had  never  filled  a  curule  office, 
he  would  not  be  nobilis  in  the  technical  later 
sense.     But  when  the  Nobilitas  had  Seen  formed 
into  a  powerful  body,  which  was  long  before  thp 
reforms    of   the    Gracchi,    the    distinction  of 
patrician    was    of  secondary    importance.     It 
would  seem  unlikely  that  there  was  any  patri- 


NODUS 


KOMEN 


233 


cisB  gfofl  existing  in  the  year  133  B.C.,  or 
ij>ktd  Jong  before  that  time,  the  families  of 
«faich  had  not  enjoyed  the  highest  honoars 
of  the  state  many  times.  The  ezceptioi^,  if 
HIT,  voold  be  few. 

la  reading  the  Greek  writers  on  Roman 
'bi$torf,  it  is  useful  to  attend  to  the  meaning  of 
tke  poUtieal  terms  which  they  employ.  The 
Swvrel  of  Platarch  {Tib.  Qraoch.  13,  20)  and 
:])e  vAtf^Mc  are  the  Kobilitas  and  their  partisans ; 
cr,  at  Cicero  would  call  them  after  he  was  made 
cD&rai,  the  Optimates.  In  such  passages  as  Dio 
<'a«s.  xzzriii.  2  the  meaning  of  diworol  may  be  col- 
lected from  the  conUxt.     [G.  L]    [J.  B.  M.] 

NODUS,  in  a  special  sense,  was  applied  to 
the  following  parts  of  dress: — 1.  The  knot  used 
la  tving  on  Uie  scarf  [Chlahts]  or  other  article 
coastitating  the  Amictus.  This  was  often 
'Seeted  by  the  aid  of  a  brooch  [Fibola],  a  ring, 
•>r  tome  jewel  (Verg.  Aen.  i.  320,  vL  301, 
iL  776;  Claud,  de  Bapt.  Proa,  ii.  40);  but 
trequently  in  the  method  shown  in  the  woodcut 
<f  DUna,  VoL  I.  p.  416.  2.  The  knot  of  hair 
{fifyftfiotj  Kptffi^Kos)f  either  at  the  top  or  at 
th«  back  of  the  head,  adopted  by  both  sexes  in 
*irt»ning  their  long  hair,  which  was  turned 
Qpwards  or  backwairds  for  the  purpose  ('*  crine 
nnot  adducto  reTocare  nodo,"  Sen.  0«iip.  ii. ; 
Verf.  AoL  ir.  138;  Hor.  £pod,  xi.  28> 
usmplcs  may  be  seen  in  the  woodcuts  under 
Com.  3.  The  knot  of  leather  worn  by  boys  of 
lae  poorer  classes  at  Borne  instead  of  the  golden 
BCLU.  [J.  y.] 

NOMEN  (!hf0f»a%  name.    1.  Greek.     The 
<>tekfl,  u  is  well  known,  bore  only  one  name 
(Pans.  riL  7,  §  4),  and  it  was  one  of  the  espe- 
<  U  rights  of  a  father  to  choose  the  names  for 
nis  children,  and  to  alter  them  if  he  pleased. 
<I>«n.  c  BoeoL   i.  p.  1006,  §  39 ;  c.  Maeart, 
p-  1075,  {  74.)     It  was  customary  to  give  to 
tbe  eldest  son  the  name  of  the  grandfather  on 
Dis  fsther's  side.     The  history  of  Greece  con- 
tain! many  instances  of  this  custom,  and  Sosi- 
iteu  (op.  Dem.  c.  Maoart.  1.  c.  says,  ^  I  gave  to 
'^T  eldest  son,   as  is  just  (fiowcp  fcol   iiic«u6y 
««TiX  the  name  of  my  father."    (Compare  Ens- 
uth.  ad  II,  V.  546 ;  Dem.  c.  i^oeo^.  i.  p.  1002, 
$  il.)    Similarly  girls  were  called  after  the 
raadnother    (Isae.    de  Pyrrh,  hered.    {   30). 
^lut  custom  was  generally  followed  in  regaitl 
to  the  other  children  may  be  inferred  from  the 
ame  psasage,  for  Sositheus  goes  on  to  say,  that 
^e  called  his  second  son  after  the  name  of  his 
vife'g  &ther,  the  third  after  a  relation  of  his 
vife,  sad  the  fourth  ion  after  his  own  grand- 
fitber  on  his  mother's  side.    Mothers  seem  also 
•omethncfl  to  have  assumed  the  right  of  giring 
toe  Qsmes  to  their  children  (Enrip.  Phoen,  58), 
aod  it  may  be  that,  as  in  the  case  described  by 
Ariftophanes  (iVufr.  60,  &&),  sometimes  a  quar- 
rel arose  between  the  parents,  if  they  could  not 
Hree  upon  the  name  to  be  given  to  a  child.    A 
^T  alio  sometimes  receired  the  name  of  his 
Either,  u  in  the   cases    of   Demosthenes  and 
iHttadcs,  or  one  similar  to  that  of  his  father. 
.Nauiiucas  thus  called  his  son  Nausiphilns,  and 
'derates  called  his  son  Callistratus.    (Boeckh, 
^  Pind.  Pyth.  iv.  p.  265.)    A  similar  method 
*u  umetimes  adopted  in  the  names  of  several 
^^htrs;  thus  two  brothers  in  the  speech  of 
k^au  against  Diagiton  are  called  Diodotus  and 
^Kfiton.    In  some  cases  lastly,  the  name  of  a 


son  was  a  patronjrmic,  formed  from  the  name 
of  the  father,  as  Phocion,  the  son  of  Phocos. 

The  day  on  which  children  receired  their 
names  was  the  tenth  after  their  birth  (Aristoph. 
Av,  922,  &c).  According  to  some  accounts,  a 
child  received  its  name  as  early  as  the  seventh 
or  even  fifth  day  after  its  birth.  [Amphi- 
DBOMIA.]  The  tenth  day,  called  Scadn},  how- 
ever, was  a  festive  day,  and  friends  and  relationa 
were  invited  to  take  part  in  a  sacrifice  and  a 
repast,  whence  the  expressions  Scicdn}!^  9i(civ 
and  Scfcdrifr  itrrt^.  If  in  a  court  of  justice 
proofs  could  be  adduced  that  a  father  had  held 
the  Scadny,  it  was  sufficient  evidence  that  he 
had  recognised  the  child  as  his  own.  (Dem. 
c.  Boeot  ii.  p.  1017,  §  28.) 

The  fact  that  every  Greek  had  only  one  name 
rendered  it  necessary  to  have  an  innumerable 
variety  of  names.  But,  however  great  the 
number  of  names  might  be,  ambiguity  and  con- 
fusion could  not  be  avoided ;  and  in  reading  the 
works  of  the  Greeks  we  are  not  always  certain 
whether  the  same  name  in  different  passages  or 
writers  belongs  to  one  or  to  several  persons. 
The  Greeks  themselves  were  aware  of  this,  and 
where  accuracy  was  of  importance  they  used 
various  means  to  prevent  mistakes.  Sometimes 
they  added  the  name  of  the  father  in  the  geni- 
tive case,  as  *AAici/icd5ns  6  KAciWov,  TlXtiffrodtfa^ 
6  UatHrtu'tov :  sometimes  they  added  the  name 
of  the  place  or  country  in  which  a  person  was 
bom,  in  the  form  of  an  adjective,  as  BovKvUHhis 
i  *A$riPmoSj  'Hp^dorof  'AAucapyoo'irc^r,  Xof/ior- 
rihis  Heuayuisf  AiKoiapxos  6  Mc<rff4f^ior,  &c. ; 
sometimes  they  added  an  epithet  to  the  name, 
expressing  either  the  occupation  or  profession 
which  a  person  followed,  or  indicating  the  school 
to  which  he  belonged.  Instances  are  of  such 
frequent  occurrence  that  it  is  superfluous  to 
quote  any.  The  custom  of  adding  the  father's 
name  was  called  voerpABw  6yofid(9ir$ai  (Paos. 
vii.  7,  §  4 ;  Xenoph.  Oeoonom,  7,  §  3). 

In  common  life  the  Greeks  haid  yet  another 
means  of  avoiding  ambiguity,  and  this  was  the 
frequent  use  of  nicknames,  expressive  of  mental 
or  bodily  peculiarities  and  defects.  Thus  De- 
mosthenes was  from  his  childhood  called  Bdra- 
\os.  (Aeschin.  c.  Timarch,  §§  126,  141;  Dem. 
de  Cor.  p.  288,  §  180.)  Aristophanes  (Av,  1291, 
&c.)  mentions  several  names  of  birds  which  were 
used  as  nicknames;  other  nicknames  are  pre- 
served in  Athenaeus  (vi.  p.  242).  [Cf.  Xen. 
Mell,  ii.  2,  31;  Lucian,  8ymp,  6;  Athen.  x. 
p.  436.] 

(Compare  Becker -Gtfll,  Chariklea,  vol.  ii. 
p.  26.) 

S.  Roman.  It  has  been  said  that  the  Romans 
originally  had  only  one  name  ('^simplicin 
nomina,'*  Varro,  ap.  Auct.  de  Praenom,  1),  but 
Mommsen  justly  remarks  that  the  instances 
given — Romulus,  Jiemus,  Faustulua — are  all  of 
the  mythical  age,  and  thai  even  then  we  hear  of 
Niima  PompUuu,  &c  (H,  Forsch,  i.  5).  Though 
there  can  be  no  dotibt  that  there  was  greater 
simplicity  of  nomenclature  in  the  earliest 
times,  and  though  the  prevalence  of  single 
names  is  not  impossible,  the  view  taken  by 
Mommsen  is  most  probable  that  the  early 
Roman  custom  was  to  have  two  names ;  the 
second  in  the  genitive,  representing  the  father 
or  head  of  the  household,  as  Marcus  Marci, 
Caedlia  Metellu     In  process  of  time  we  find 


234: 


KOMEN 


for  frMborn  men  a  triple  name,  the  nomen  or  i 
name  par  exceiUnce  to  designate  the  gens,  the 
cognomen  the  family,  and  the  pragnomen  the 
indiyidnal.  The  order  properly  (and  so  nsed  in 
good  prose)  was  praenomen,  nomenf  cognomen; 
but  in  metrical  writing  this  is  not  preserred : 
e.g.  **  Cornelius  Lucius  Sdpio  Barhatus,"  as  an 
«pitsaph  in  Satarnian  verse  (C  /.  L.  ri.  1285). 
For  formal  description  the  name  of  the  father, 
grand&ther,  and  even  great  grandfather  was 
added,  and  sometimes  the  tribe  also,  as  if.  IWiiuB 
M,f,  M,  n.  M.  pr.  Cor(neiia  tribu)  Cicero  (Momm. 
/.  B,  iV.4320).  When  the  praenomen  (for  ordinary 
iipeech)  was  omitted,  the  order  does  not  appear 
consistent  in  all  writers.  In  older  times  the 
cognomen,  in  this  case,  stands  first,  as  Pulcher 
Claudius,  Balbus  Cornelius,  and  thb  is  followed 
by  Cicero :  whereas  Caesar  preserves  the  order 
belonging  to  the  triple  name  and  keeps  the  cog- 
aomen  after  the  praenomen,  Livy  and  Tacitus 
vary  their  practice  (see  Marqnardt,  PrivaU»  9, 
note).  For  every-day  use  the  praenomen  alone 
was  used  for  relations  or  intimate  friends  (and 
those  who  wished  to  appear  as  snch)  addressing 
«ach  other;  the  cognomen  alone  in  ordinary 
intercourse,  with  the  praenomen  added  8om»- 
times  in  emphatic  address:  the  nomen  being 
used  only  for  formal  purposes.  As,  however, 
the  triple  name  grew  out  of  something  simpler, 
ao  as  time  went  on  it  spread  into  a  much  longer 
and  more  complex  system  of  names,  and  finallv 
«nded  in  what  cannot  be  called  a  system  at  all. 
It  is  necessary  to  examine  the  names  more  in 
•detail. 

1.  Nomen, — ^This,  the  gentile  name,  in  patri- 
cian families  always  ended  in  tM,  which  proba- 
bly marks  an  original  patronymic :  the  terminal 
tions  tfiiM,  ottts,  aeuSf  eua  are  merely  variations 
<of  it.  ether  terminations  of  the  nomen  mark  a 
different  origin,  and  are  thus  classed  by  Momm- 
aen,— aciif  (e.g.  Avidiacus)  as  Gallic;  emu  as 
Umbrian;  na  (CTtwcifMi,  &c.)  as  Etruscan :  some 
•others  are  formed  from  the  names  of  towns, 
whence  the  family  sprung,  as  Norbanus,  Ac: 
Verres  stands  apart,  and  was  perhaps  an  ori- 
ginal cognomen  turned  into  a  nomen  (Mommsen, 
£.  Forach.  i.  51). 

2.  PnMfiom«ii.^*This  individual  name  was 
given  to  boys  on  the  ninth  day  after  their  birth 
on  the  diee  htstriotu  [Lustiultio,  p.  102] :  when 
it  is  said  (Auct.  4e  Fraen,  3)  that  this  name  was 
not  given  till  the  assumption  of  the  toga  virilis, 
it  can  only  be  meant  that  the  official  entry  was 
then  made :  for  we  have  inscriptions  speaking  of 
young  children  under  their  praenomina  (C  /.  L. 
X.  2221).  The  number  of  recognised  praenomina 
was  originally  larger,  and  Varro  (as  cited  by 
the  above  author)  mentions  as  ancient  prae- 
nomina disused  in  his  time  Agrippa^  Ancus, 
CaetoTf  FcnutuSf  Hostus,  L»y  Opiier^  Fothumu^ 
Froculm^  Sertor,  Statnu,  7\dlu8,  VHero^  Fo- 
piecus. 

There  survived  18  for  patrician  families,  re- 
presented in  an  abbreviated  form :  Aulus  (il.), 
Decimua  (Z>.),  Quiua  (C),  Qnamta  (Cn.\  Kaeto 
(jr.),  Luciut  (X.),  Mdnhis  (M.'X  Marcus  (,M,\ 
Fvbliua  (P.),  Qniuue  ((?.),  Servm  (Ser.\  Sejetus 
(Sex.),  a^furiue  (Sp.),  Tibenue(Ti.%  Titue  (T.), 
Mameroua  (Mam,),  Appwa  (Ap,),  Humerws  (N,), 
The  number,  no  doubt^  decreased  from  the  cus- 
tom of  different  families  using  only  a  few  prae- 
nomina, usually  only  five  or  six  (the  Cornelii 


KOUCy 

used  only  Gn.,  L,  and  P.).  Of  the  above  some 
were  used  by  particular  families  and  by  no 
other ;  K,,  for  instance,  by  the  Fabii  and  Q^ioc- 
tiUi  alone.  Mam.  only  by  the  Aemilii.  (Sm 
Mommsen,  op.  cit.  15.)  In  plebeian  fiuaiiies 
there  was  not  the  same  restriction,  and  a  greater 
variety  appears  (Nopius,  VAme,  kc,) ;  yet  those 
who  became  nMles  followed  the  patridsn  rule, 
so  that  the  Domitii  have  only  the  prsenomini 
Onaeue  and  Lucius  (Suet.  Ner.  1).  The  reaction 
under  Sulla  revived  some  old  praenomins  or 
introduced  others,  as  Faustus,  luhts,  Oossus :  bat 
it  is  difficult  to  say  how  £sr  all  such  should  be 
regarded  as  genuine  praenomina.  Man  is  proba- 
bly  right  in  his  note  on  Blarquardt,  Privad.  \\ 
when  he  demurs  to  the  view  that  PavllvSj 
Agrippa,  Nero,  DnuHs,  Oemumicus,  Ac,  becsm^ 
praenomina,  and  holds  them  rather  to  be  cog- 
nomina  wbdch  by  a  later  fashion  for  vartoui 
reasons  in  some  distinguished  families  di8pU(xd 
the  proper  praenomen,  as  when  we  find  Africanw 
AemUius  MegHius  a  consul  in  B.a  9,  and  so  de- 
scribed on  a  coin. 

3.  Oognoman^-*^ErerY  Roman  citixen,  besides 
belonging  to  a  gens,  was  also  a  member  of  a 
fiunilia,  oontained  in  the  gens,  and  as  such  be 
might  have  a  cognomen  or  third  name,  which 
marked  off  that  familia  from  others  of  the  tsme 
gens.  This  was  in  the  Republic  probably  nni- 
versa],  or  neariy  so,  in  patrician  fsimilies 
(Plutarch,  however.  Cor.  11,  says  that  C.  Marcios 
had  no  cognomen  till  he  took  Corioli).  is 
plebeian  families  it  was  not  the  rule:  for  in- 
stance, the  Marii,  Sertorii,  and  Mummii  had 
none  (Pint.  Jfar.  1);  but  many  aftcrvsrds 
gained  them,  as  Pompeins,  when 'he  took  the 
cognomen  Magnus.  Some  from  mere  assumption 
took  eognomina  to  which  they  were  considered 
to  have  no  right :  witness  the  case  of  Staienos 
calling  himself  Fae^  (Cic.  pro  Chient.  26, 72). 
Marquardt,  from  the  fiict  that  the  cognomen 
stands  after  the  tribe,  when  the  tribe  also  ii 
given,  conjectures  that  the  use  of  cogaomins 
doee  not  date  further  back  in  ordinary  usage 
than  Servius  TuUius:  as  a  legal  form  in  la«» 
and  decrees,  it  is  enjoined  only  in  Sulla's  time 
(see  the  citations  in  Mai'quardt,  op,  oiL  U). 
AJB  to  their  origin  we  can  have  little  doubt  thtt 
they  were  personal  names,  originally  given  for 
some  reason  (often  a  bodily  peculiarity)  to  some 
man,  and  then  transmitted  to  all  his  fimilr: 
sometimes  they  are  descriptive,  as  Fulchfr^ 
Calvus,  Naao ;  aometimes  they  mark  an  origin, 
as  Saidnus,  Mahiginensis*  (As  regards  the  re- 
presentative of  the  cognomen  in  &mily  emblems, 
the  apex  of  the  Flaminii,  the  torques  of  the 
Manlii,  &c.,  see  Issione.)  It  is  probable  that 
under  the  Republic  the  third  name  implied 
nobHitas,  but  it  came  later  to  be  the  mark  ratttlr 
of  freedom  (Cod.  Just.  viL  16,  9) ;  and  in  Jo^* 
V.  127,  *<tanquam  habeas  tria  nomina"  means 
rather,  as  Professor  Mayor  says,  **  as  thooghroo 
were  free/'  than,  as  Marqnardt  puts  it,  ''ton- 
quam  nobilis  sis.*' 

The  nobiles,  however,  proceeded  further  to 
multiply  their  eognomina :  such  fourth  or  fifth 
names  were  still,  like  the  third,  called  cognemf» 
in  classical  Utin  (Cic  pro  Mur.  14,  31):  the 
practice  of  calling  them  agwmma  did  not  begin 
till  the  grammarians  of  the  4th  cent  a-P* 
Under  this  head  we  have  (i.)  the  adoptive  nsmei, 
for  which  see  Adopxio,  VoL  L  p.  26.    It  nay 


NOMBK 


NOMINATIO 


235 


be  Amrf^A  that  tht  tenninatioii  amu  wms  not 
sui  after  ftalla,  when  the  original  cognomen 
vu  added  imtead  of  the  altered  nomen :  e^,  M. 
Terentini  Vano  Luenllus,  It  ia  a  pecal^ty 
that  Brolna  adopted  hj  Q.  Serrilins  Caepio  is 
called  simplj  Q.  Caepio  Brutns  (Mommseiif 
i.  Fonck,  51).  (ii.)  The  cognomen  es  virtttte : 
Amcaaniy  J^siaticna,  &c.  (iiL)  Those  added 
■wre  like  aicknamet,  as  Q.  Caedlins  Meteilos 
CWcr  (ctPtin.  if.  ^.Tii§  54).  The  onTSomina 
a  nrMr  wore  passed  oo  to  children  (Cic.  de 
Itp.  Ti  11),  though  how  fiur  is  uncertain: 
MomsHsn  thiaka,  onlj  to  the  eldest  son. 

The  Bame-sjatem  became  altered  or  altogether 
lost  oader  the  Empire.  The  emperors,  as 
Guvs  sDd  Titns,  oaed  sometimes  the  praenomen 
sloae  vith  the  imperial  title,  sometimea  the 
oofDomea  only,  as  Imp.  Caesar  Vespasianns  (see 
HoaraiscB,  JL  Fcrach.  741) :  for  the  cttixeoa,  as 
neotiaacd  above,  we  find  sometimes  the  nse  of 
oopomen  in  place  of  praenomen,  sometimes  the 
inltipficatioa  of  gentile  names  br  adding  the 
osaes  df  the  mother's  family  or  other  relations ; 
sBOMtiBMs  again  a  seoond  praenomen  ia  put  in, 
often  qnite  ont  of  its  place:  e^.  C.  Antins 
Jbdn  Jnlina  Qnadratns,  P.  Aelins  Aelianns 
Arckdaos  Mttrom.  As  a  climax  we  have  a 
string  of  thirty  names.    (OrelL  2761.) 

Ia  later  tiuMa  we  find  a  pure  nickname,  which 
is  termed  jt^imii  (CapitoL  (Torrf.  ir.  8)  or  ooca- 
mAm  (Twb,  Ajm.  i.  41),  conpled  by  the  words 
sw  or  ^'  «t,  as  '*  Enttatina  sive  Lampadius " 
(C.  /.  Z.T.  4410X  '^H.  Datellins  Trophimns  qoi 
et  Fortvnatns,"  bnt  sometimes  as  Lucilins  Me- 
trobias  mgmo  Sapricns  (C.  /.  X.  z.  3796). 
Semtikable  instanees  of  these  sigfta  or  vooainUa 
SR  <'Ca)ignla,"  «'Cedo  alteram  "  (Tac.  Ann,  i. 
23,41),  ^Hanna  ad  lermm"  (Lamprid.  Aure^ 
fin.  6). 

JTdsMtof  Wometu-^Wim  and  danghtert  added 
originally  the  name  of  the  man  in  whose  mamu 
tbev  were,  the  wife  her  husband's,  the  daughter 
bcr  fitther's,  as  Metella  Crassi,  CaeeilU  Metelli ; 
bst  later  It  became  nsoal  for  the  danghter  to 
<xpRa  the  relatiooship  by  adding  /.  after  the 
^ker's  name.  The  praenomen  might  be  used 
sho  before  the  gentile  name,  as  Secunda  Valeria 
M.  1,  but  without  the  limitation  of  praenomina 
obienred  in  the  aona  of  the  fkmily.  In  the 
hter  Republic  the  single  gentile  name  is  more 
oosmb;  but  under  &e  Empire  we  find  two 
OBom  usual,  formed  from  the  nomen  and 
cofoomen  of  the  father,  or  the  combined  gentile 
unes  of  fother  and  mother  (Caecilia  Metella, 
▼ileria  Attia):  three  names  are  exceptional 
(Sa«L  Cbnd.  56). 

Shoet  originally  bore  the  affix  por  =:  puer  to 

tki  mester's  praenomen,  as  Mardpor  or  Marpotj 

»MH»i)i;  4c,  which  Pliny  {H,  N,  xxxiii.  §  26) 

^^inki  pointed  to  the  simplicity  of  life  when  a 

na  bad  usually  only  one  slaTo:  it  must  be 

«b*ervcd,  howerer,  that  the  termination  is  found 

onpsrattvely  late    (Sail.    EM.  iii.   /r.    69), 

*A<1  also  that  we  find  ii  for  f'reedmen,  **  Aulus 

<^Mcilias,  AuM  libertus,  Olipor.**    When  slaves 

*ne  niultiplied  and  asrvicf  legally  replaced  puer^ 

«t  fiad  slaves  in  republican  times  distinguished 

^T  their  ownnames  with  the  master's  in  inverted 

«xi<f :  thus  the  slave  of  P.  Egutins  is  ^  Phamaces 

^utii  Publii  servus  * ;  under  the  Empire  more 

"•tvally  as   <*Elentherus  C.  inlii   Florentini 

A  curions  practice  was  the  tacking  on 


the  name  of  a  previous  master  with  the  suffix 
oRut,  as  ^Secnndus  Caesaris  servus  Oresoenti- 
anus,"  **  Anna  Liviae  serva  Maeoenatiana,"  when 
the  slaves  had  been  formerly  in  the  household 
of  Crescens  or  Maeceoaa. 

Freedmgn  originally  took  before  their  own 
names  the  gentile  name  of  their  master  and  any 
praenomen,  as  L.  Livius  Andronicua,  the  freed- 
man  of  M.  Liviua  Salioator.  The  cmtditwn  is 
also  expressed  in  inscriptions :  e.^.  *'  M.  Ramnius 
P.  1.  Diopantus"  means  that  Diopantus  was  a 
freedman  of  P.  Ramnius,  and  took  for  himself 
the  praenomen  M.  Later  it  became  customary  to 
take  the  master's  praenomen  also.  Preedmen 
of  a  woman  took  the  names  of  the  fother  of  their 
mistress,  as  "  M.  Uviiu,  Aueostae  1.,  Ismarus." 
Cicero  however,  while  Tiro  becomes  M.  Tnllius 
TxtOj  gives  Dionystus  the  nomen  of  Atticus  and 
his  own  praenomen  (Cic.  ad  Att.  iv.  15,  1). 
The  names  indicating  servile  origin  disappeared 
in  the  second  generation.  (Marquardt,  PriioaUe' 
ben,  6-28 ;  Mommsen,  B6m,  fbrackungait  1-68 :  a 
mass  of  literature  on  the  subject  is  cited  by 
Harquardt  on  page  6.)      [L.  S.]       [0.  £.  M.] 

NOMEK.    [Pekus;  0blioatiok£8.] 

NOMEKOLA'TOR.  For  the  ordinary  no- 
mandator,  see  Ambitus,  Vol.  I.  p.  100  a.  There 
was  also  a  nommclator  oentoriua  to  attend  upon 
the  censor  (who  had  no  lictors) :  he  was  a  freed- 
man of  the  censor  and  held  the  same  place  as 
the  aooetuat  of  other  magistrates  [Aocekbcs]. 
The  use  of  a  nomenclator  in  the  duties  of  the 
censorial  office,  especially  in  the  eqtiitum  census 
or  recogniiiOy  is  obvious.  [See  Census; 
Equttes.]  Inscriptions  mentioning  the  nomen' 
dator  censorius  may  be  found  in  Mommsen's 
Staatsrechtf  i.  p.  359.  As  the  censorial  power 
psssed  to  the  emperor,  it  is  natural  that  we 
find  these  attendants  reappearing  as  nomenchtores 
a  oensibus  attached  to  the  imperial  bureau  which 
received  petitions  for  admission  to  the  Eqnitea 
(C,  /.  X.  xiv.  3553).  [See  also  Maoister  ▲ 
Cenbibus/]  [G.  E.  M.] 

NOMINATIO  and  NOHINO  are  the 
technical  words  used  to  denote  the  first  stage  in 
the  appointment  to  the  augurship  and  other 
priestly  colleges,  under  the  law  of  Labienus, 
B.a  63.  On  a  vacancy  in  their  college,  each  of 
the  angun  "nominated"  a  candidate  for  the 
poet,  and  the  choice  between  thoee  so  nominated 
was  decided  by  a  popular  vote  of  seventeen 
tribes  chosen  by  lot.  In  order  that  the  assembly 
might  exercise  an  effective  choice,  a  sufficient 
number  of  candidates  was  secured  by  a  rule  that 
not  more  than  two  augurs  might  give  their 
nomination  to  any  one  candidate.  (Cic  Phil,  ii. 
2,4.) 

The  term  nommare  is  likewiae  used  of  a  fhnc<- 
tion  of  the  emperors  in  the  election  of  magi- 
strates from  the  time  that  these  elections  were 
transforred  (Tac.  Ann,  i.  15)  to  the  senate. 
This  **  nomination  "  is  different  from  the  right 
of  recommending  candidates  which  the  emperor 
possessed;  for  Tacitus  (/.  c.)  tells  of  Tiberius 
that  he  limited  himself  **  ne  plures  quam  quat- 
tuor  candidates  commendaret,  sine  repolsa  et 
ambitu  designandos;"  while  in  the  previous 
chapter  he  says, "  candidatos  praeturae  duodecim 
nominavit,  numerum  ab  Augusto  traditum,  et 
hortante  senatu  ut  augeret,  jure  jurando  ob- 
strinxit  se  non  excessurum."  In  the  same  way 
when  Asinius  (3allua  proposed  (Tac  Ann,  ii.  36) 


236 


NOMIKATIO 


NOHINATIO 


tliat  appointments  for  five  yean  on  should  be 
niade  at  once,  he  added,  '*princeps  duodecim 
candidatos  in  annos  singulos  nominaret."  This 
passage  howeTer,  as  it  merely  repeats  the  words 
of  Ann,  i.  14,  and  extends  the  system  there 
described  to  suit  a  quinquennial  arrangement, 
may  be  left  out  of  account.  The  description 
{Ann.  i.  81)  of  the  consular  elections,  on  the 
other  hand,  cannot  be  passed  oyer :  "  plernmque 
eos  tantum  apud  se  professes  disseruit,  quorum 
nomina  consulibus  edidisset :  posse  et  alios  pro- 
fiteri,  si  gratiae  aut  mentis  confiderent/'  Lastly, 
we  hare  an  electioneering  letter  of  the  younger 
Pliny  (ii.  9) :  '*  Anxium  me  et  inquietum  habet 
petitio  Sexti  £ruci  mci . .  .  ego  Sexto  latum 
clarum  a  Caesars  nostro,  ego  quaestnram  impe- 
trari,  meo  suffragio  penrenit  ad  jus  tribunatum 
petendi,  qnem  nisi  obtiuet  in  senatu  rereor  ne 
decepisse  Caasarem  videar." 

The  last  passage  would  naturally  be  taken  to 
mean  (see  Nipperdey  ad  Tac.  Ann.  i.  81)  that 
the  emperor's  leave  was  necessary  before  a 
candidate  could  offer  himself  for  election,  and  it 
would  be  further  natural  to  identify  such  leave 
with  the  *'  nomination  "  mentioned  by  Tacitus. 
In  that  case  we  should  expect  to  find  the 
emperor  "  nominating  "  a  long  list  of  candidates 
(beside  those  specially  recommended)  and  the 
senate  choosing  out  of  this  list.  When,  how- 
ever, we  find  that  the  senate  begs  Tiberius  to 
increase  the  number  of  his  nominees,  it  becomes 
clear  that  **  nomination "  can  have  no  such 
meaning  as  has  been  suggested.  Twelve  was 
the  ordinary  number  of  annual  vacancies  for 
the  praetorship;  so  that  if  the  emperor  gave 
leave  only  to  twelve  candidates,  these  twelve 
persons  must  necessarily  be  elected  ;  the  distinc- 
tion between  those  of  them  who  were  and 
those  who  were  not  recommended  would  vanish; 
nomincUio  and  commendatio  (which  are  always 
contrasted  by  our  authorities)  would  have  pre- 
cisely the  same  effect.  The  value  of  such  a 
nomination  would  manifestly  be  diminished  by 
every  addition  to  the  number  nominated.  It  is 
quite  impossible,  considering  the  relations  be- 
tween Tiberius  and  the  senators,  that  they 
should  at  the  beginning  of  his  reign  have  urged 
him  to  lessen  his  own  powers  by  giving  them 
greater  freedom  of  choice,  and  that  he  should 
have  positively  refused  to  do  so.  We  have 
indeed  a  somewhat  similar  question  of  appoint- 
ment in  Ann.  iii.  32  and  35,  but  there  the  senate 
wish  the  emperor  to  give  them  one  name,  and 
he  insists  on  giving  two  for  them  to  choose 
from. 

It  is  clear  from  Pliny's  letter  that  there  were 
contested  elections  in  the  senate  to  the  office  of 
tribune.  As  regards  the  praetorship,  we  may 
draw  the  same  conclusion  from  the  account  in 
Tacitus  {Ann.  ii.  51)  of  the  election  of  a  *<  praetor 
suffectus,"  and  still  more  clearly  from  an  inci- 
dent in  Nero's  time  (Ann.  xiv.  28):  *'Comitia 
praetorum  arbitrio  senatus  haberi  soUta,  quoniam 
acriore  ambitu  exarserant,  princeps  composuit, 
tres,  qui  supra  numerum  petebant,  legioni  prae- 
ficiendo."  On  the  other  hand,  we  never  hear  of 
contested  elections  to  the  consulship. 

Mommsen  (Staatsrecht,  ii.'  pp.  917  ff.)  has 
an  explanation  which  lessens  though  it  does 
not  remove  the  difficulty  of  reconciling  these 
passages.  He  first  gets  rid  of  Pliny's  canvassing 
letter  by  the  supposition  that  *«meo  suffragio 


pervenit  ad  jus  tribunatum  petendi "  does  not 
refer  to  any  fresh  privilege  obtained  by  him  for 
£rucius,  but  merely  sums  up  what  he  had  got 
for  him  before,  namely  the  Latus  davus  and  the 
quaestorship,  these  being  the  qualifications 
which  now  enabled  him  to  be  a  candidate  for 
the  office  of  tribune.  This  interpretation  would 
seem  very  forced  if  we  were  dealing  with  a 
simple  and  straightforward  letter-writer,  but  it 
is  not  inadmissible  in  the  case  of  the  artificial 
epistles  of  the  younger  Pliny.  Mommsen  pro- 
ceeds to  point  out  that  under  the  Republic  the 
msgistrate  conducting  an  election  had  the  duty 
of  examining  the  legal  qualifications  of  the 
candidate,  and  was  bound  to  accept  only  those 
votes  which  were  given  to  persons  legallj 
eligible  ("rationem  alicujus  in  comitiis  habere"). 
Under  the  principate  this  ministerial  duty  would 
belong  jointly  to  the  emperor  and  to  the  oouuk 
Either  of  the  two  co-ordinate  powers  might 
examine  the  qualifications  of  a  candidate,  sod 
declare  him  capable  or  incapable  of  standing. 
Manifestly  the  emperor's  certificate  would  be 
the  more  prized ;  all  candidates  would  preii  to 
have  their  claims  vouched  for  by  him,  and  (if 
this  tendency  were  not  checked)  on  the  emperor 
alone  would  fall  the  responsibility  of  deciding 
who  was,  and  who  was  not,  to  be  on  the  liit  of 
candidates.  This  responsibility  the  senate  preu 
Tiberius  to  assume,  but  he  insists  on  the  consuU 
taking  some  part  of  it,  and  will  only  certify  in 
a  limited  number  of  cases.  Such  is  Mommscn's 
explanation  of  **  candidatos  praeturae  duodecim 
nominavit." 

It  may  be  objected  to  this  that  we  should 
expect  that  the  candidates  who  were  sent  to  the 
consuls  would  be  at  a  disadvantage  compared 
with  the  eight  candidates  who,  though  not 
**  commended,"  were  selected  by  the  emperor 
for  the  honour  of  his  certificate.  The  lenators, 
we  might  suppose,  would  be  as  unlikely  to  rote 
against  the  eight  *' nominated "  as  against  the 
four  avowedly  **  commended.**  The  system 
seems  to  have  led  to  precisely  this  result  in  the 
elections  to  the  consulship.  Tiberius  (Ann.  i.  ^l) 
does  not  commend  anyone  for  this  office;  he 
merely  announces  that  two  qualified  candidate» 
have  sent  in  their  names  to  him;  any  others 
may  send  in  their  names  to  the  consuls.  The 
effect  naturally  is  that  no  one  does  so;  the 
emperor's  certificate  to  the  consular  candidate, 
by  driving  all  others  from  the  field,  has  the 
same  result  as  commendation.  Mommsen  (op< 
cit.  p.  923)  quotes  an  inscription  where  such  s 
one  actually  describes  himself  as  commended  by 
Tiberius  for  the  consulship. 

How  then  are  we  to  account  for  the  practical 
difference  between  the  consular  and  the  prae- 
torian elections  ?  There  must  have  been  some 
understanding,  by  which  candidates  more  nume- 
rous than  the  vacancies  were  encouraged  to 
stand  in  the  one  case  and  discouraged  from 
standing  in  the  other.  We  may  suppose  that 
all  candidates  laid  their  names,  formally  or 
informally,  before  the  emperor.  If  he  announced 
(as  Tacitus  says  he  did  in  the  case  of  the  consul- 
ship) that  only  two  properly  qualified  candidsies 
had  come  to  his  official  knowledge,  this  irould 
be  a  sufficient  hint  to  the  rest  of  the  competitors 
that  they  were  to  efface  themselves.  If,  on  the 
other  hand,  he  brought  forward  the  names  of 
all,  and  oridertd  the  consnla  to  esamiae  th« 


XOHISMATOS  DIAFHORAS  6BAPUE 


XOMOS 


237 


^lalifkfttions  of  some  of  them  while  he  himself 
nadertook  that  duty  in  the  case  of  others,  this 
msf  hare  been  done  in  such  a  way  aa  to  imply 
tbart  he  wished  them  all  to  be  roted  for  in- 
diferently.  This  would  be  especially  the  case, 
!•'  v«  may  conjectnre  that  the  emperor  did  not 
irbitnrily  pick  and  choose  the  candidates  he 
irts  to  **  nominate,"  as  he  andoubtedly  did  those 
wLom  be  was  to  ^commend."  A  passage  of 
Dio  Cassioa  (Iriii.  20X  relating  to  Tiberius,  may 
perhaps  throw  some  light  on  this.  After  saying 
t^t  Tibtrina  commended  certain  candidates, 
who  were  elected  at  once  by  all  voices,  he  pro- 
ceeds to  describe  his  practice  in  the  case  of 
those  not  commended — robs  9k  M  re  ro7s 
itmJriMft  Kol  M  rp  6fAo\€yl^  r^  re  xK^p^ 
wMvfttPot.  It  may  perhaps  be  allowable  to 
bt«rpret  this  aa  meaning  that  certain  ancestry 
0r  certain  serrioes  (Jiucauifittra)  gave  a  man  a 
'  liim  by  custom  to  hare  his  certificate  from  the 
rmperor,  and  that  in  some  other  cases  persons 
wer«  marked  out  for  the  honour  by  general 
irctamation  of  the  aenate  or  by  consent  of  their 
competitors  (^/iaAoytf) ;  but  that  for  the  rest 
Tibfrius  in  the  case  of  the  praetorship  decided 
\if  lot  which  names  he  should  examine  for  him- 
«e;f  and  which  he  should  refer  for  examination 
to  the  conaula.  In  the  latter  case,  as  chance 
1  one  would  decide,  it  can  hare  been  no  indication 
nt  disfavour  that  a  man  should  not  come  armed 
«ith  the  imperial  certificate.  [J.  L.  S.  D.] 

NOMFSHATOS  DIATHOKAS  GBA- 
PHB  (jfofdafutros  9mpopas  ypoi^)  is  the  name 
< :'  the  public  action  which  might,  at  Athens,  be 
brought  against  anyone  who  coined  money 
nther  too  light  in  weight  or  not  consisting  of 
fie  pure  metal  prescribed  by  the  law.  The 
Uvfxil  punishment  inflicted  upon  a  person  in 
case  be  was  convicted  waa  death.  (Demoeth.  c. 
Lyt.  p.  508,  §  67  ;  c.  Timocrat.  p.  765,  §  212.) 
^^'oat  action  might  be  brought  against  those 
« .)ft  coined  money  without  the  sanction  of  the 
r^pnblic,  and  how  such  persons  were  punished, 
-« iu}t  known  (^Ait.  FrooeBs,  ed.  Lipeius,  p.  437). 
Xenophon  (cb  Fec^  iii.  2)  remarks  that  the 
Athenian  silver  coins  were  actually  worth  their 
aomisal  value.  [L.  S.]     [H.  H.] 

NOXOFHYliAGES  (ro^o^^Aoircs)  were 
<^rtsiD  magistratea  or  official  persons  of  high 
AtLtbority,  whose  duty  it  was  to  see  that 
B^bing  unconatitutional  was  proposed,  and  to 
paimh  those  who  acted  unconstitutionally  (Xen. 
"^.  9, 14;  Cic  <fe  Leg,  iii.  20,  46):  they  had 
A.«)  to  pToride  for  the  safe  custody  of  written 
iivs  sad  records  (C.  /.  0.  3794).  Generally 
*pcskiDg,  tbey  were  intended  to  uphold  the 
^^blished  order  of  things  against  hasty 
ipnovaUrs  (cf.  Plat.  Leg,  vL  p.  755  A).  We 
^aJ  them  at  Abdera,  Mylaaa,  Cbialcedon,  Corcyra 
(K*  the  inscr.  cited  by  Gilbert,  Staatsalt  ii. 
^  337):  but  the  office  sometimes  has  a  different 
title,  M^ioaeacrac  at  Andania  (Dittenberg,  388, 
lU)  snd  6t^^io^^Acwes  at  £lis  (Thuc  v.  47). 
At  Sparta  then  were  five  yofto^^Axurcs  and  a 
7^W«ro^Aa(  or  keeper  of  records,  who  in 
K'me  inscriptions  is  ranked  with  his  superiors, 
K>  that  the  number  appears  to  be  six.  (See 
Gilbert,  i.  p.  27.) 

At  Athena  this  supervision  had  originally 
belonged  to  the  Areiopagus,  and,  when  Ephialtes 
^nmved  that  body  of  its  power  [Arbiopaoub, 
^'ol-  L  n.  1771  it  seemed  necessary  to  have 


some  *'  guardians  of  the  law  "  who  should  be  a 
check  upon  too  rapid  legislation,  by  protesting 
against  propositions  which  were  detrimental  to 
the  state  or  subversive  of  the  constitution. 
(Lex.  Cantab,  s.  v.;  Phot.  s.  v.;  Schumann, 
Antiq.  p.  342 ;  Grote,  Hist.  v.  503,  ch.  xlvi. ; 
£.  Curtius,  I/ist.  ii.  p.  385.)  These  were  a  board 
of  seven  Nomophy laces,  chosen  annually  by  lot, 
who  sat  beside  the  Proedri  in  the  senate  and  in 
the  assembly.  They  were  abolished  in  the 
archonship  of  Eucleides,  when  the  Areiopagus 
regained  some  of  its  supervising  powers,  but 
were  instituted  again  by  Demetrius  of  Phalernm. 
Some  writers  hold  this  to  have  been  the  first 
institution  of  nomopbylaces  at  Athens  (see 
Gilbert,  Siaattalt.  i.  p.  153).  It  may  be 
observed  that  the  importance  of  the  board 
was  really  small,  since  the  control  which 
belonged  to  them  was  in  practice  superseded 
by  the  Gsaphe  PAaANOMON;  and  this  may 
account  for  our  hearing  nothing  of  their 
activity.  [C.  R.  K.]    [G.  £.  M.] 

NOMOS  (y6tu»i).  The  definition  of  w6iios  in 
[Dem.J  c.  AHstog,  i.  p.  774,  §  16— a  definition 
which  has  passed  into  the  Digests.  1.  2,  de  legibus 
— contains  all  the  points  which  must  be  touched 
upon  in  discussing  law  and  legislation  amongst 
the  Greeks  :  war  4<rrl  v6iaos  tOfnifia  )ikr  icol  8£por 
6cwir,  d^JM  d*  itM$p^90r  ^poviimv^  4irtUf6p$mfAa 
Sk  rmw  kKOwriww  iml  hKowrlttv  ofAOfnifidrwWf 
fr6\*90S  <i  ffvwB^iini  jcoiy^,  ica9*  fiy  itwrt  irpov^K^i 
Cqr  rois  ir  rg  ir6\§u  In  the  heroic  ages  the 
king's  authority,  which  the  family  derived  from 
the  favour  of  Zeus  (rifiii  8'  in  Aiis  iari,  II,  ii. 
197)  and  which  passed  by  descent,  as  a  general 
rule,  to  the  eldest  son,  was  not  absolute,  but 
limited  M  ^oU  yipoffi  (Thuc.  i.  13 :  cf.  Dion. 
Halic.  A,  M,  v.  74).  As  Aristotle  says  (Pol.  iii. 
10  [14  B.]  1),  **he  commands  the  army,  ad- 
ministers justice  '*  (chiefly,  though  not  exclu- 
sively), "and  conducts  the  rites  of  religion." 
The  king  received  from  Zeus  the  sceptre,  the 
symbol  of  the  judicial  authority,  and  with  it  the 
$4/uaT9s  (11.  ii.  206 ;  ix.  98  f.),  which  belong 
properly  to  Zeus  (Od.  xvL  403) :  so  that "  when 
he  decided  a  dispute  by  a  sentence  the  judgment 
was  assumed  to  be  the  result  of  direct  inspira- 
tion ; "  when  he  called  in  the  assistance  of  the 
7^porrct,  "they  sat  on  polished  stones  in  the 
holy  circle  and  held  in  their  hands  the  heralds' 
sceptres;  with  these  they  rose  up  and  gave 
sentence  in  turn  "  (//.  xviii.  504  fi*.,  ducotf'rjAot, 
oTtc  B4fuoras  vpht  Aihs  cip^oroi,  H.  i.  238  f.), 
and  he  himself  oocnpied  probably  the  same 
position  among  them  which  is  ascribed  to  Minoe 
when  judging  the  dead  (Od.  xi.  568  ff.).  [Rex.] 
The  same  idea  which  caused  these  judgments  of 
the  king  to  be  attributed  to  divine  inspiration 
shows  itself  here  and  there  at  a  later  period  in 
the  claim  of  a  divine  origin  for  entire  systems  of 
laws.  "  Do  yon  believe,  as  Homer  says,"  asks 
the  Athenian  of  the  Cretan  Cleinias,  "that 
Minoe  went  every  ninth  year  to  converse  with 
Ztju  and  made  laws  for  your  cities  in  accordance 
with  his  sacred  words  ?  "  "  Yes,  that  is  our 
tradition"  (Plat.  Legg,  i.  init).  According  to 
the  tradition  of  the  Spartans  preserved  by 
Herodotus  (i.  69),  Lycurgus  introduced  the  laws 
of  Crete  into  Sparta :  "  Some,  however,"  he 
adds,  "  said  that  the  Pythia  gave  him  the  con- 
stitution which  still  exists  in  Sparta ;  "  and  the 
latter  belief  gained  general  acceptance  (Xen. 


288 


K0M06 


wyssM 


de  Bep.  Lac.  8,  %v$6xf»l<rT(n  v6ijmi\  so  that 
Lycurgns  came  to  be  looked  upon  as  ^/(fCis  ris 
iiydptnrlvfl  /Atfityiitifii  9c/f  riyl  iwdfiu  (Plat., 
Zegg.  iii.  p.  691  £).  ZalencTU,  too,  is  made  to 
say  that  Athene  had  appeared  to  him  in  a  dream 
and  given  him  lawd  (Plat,  de  ae  ips.  hud. 
p.  5&A:  cf.  Arist.  AoKp&v  woKir.  fr.  230). 
The  great  fundamental  conceptions  of  morality, 
common  alike  to  all  mankind,  the  teypapot  y6fiotj 
were  also  believed  to  have  come  from  the  gods 
(Soph.  Oed.  B.  864  ff. ;  Eurip.  Antiop.  fr.  219 ; 
Xen.  Memw.  iv.  4,  19) ;  and  being  derived  and 
having  their  sanction  from  heaven,  they  were 
considered  superior  to  the  enactments  of  hmnan 
societies  (Soph.  Antig.  454  fif. ;  Eurip.  Suppl.  19, 
526,  537  ;  Thnc.  iv.  97,  etc.).  This  is  the  Koirhs 
y6fiot — 8<ra  iyffo/pa  ira^  irwrw  dftokoytttrBai 
SoKCi — as  opposed  to  the  tBios  v6fioSt  icaff  %v 
ytypofifiirov  woKit^^optol,  which  applies  only 
to  the  citizens  of  each  individual  state  (Arist. 
Mhet.  i.  10,  3).  The  IBtos  v6fios  did  not  protect 
the  foreigner  (irifirrros  /ucrayaar^f ,  //.  ix.  648) ; 
there  never  was  at  Athens  a  state  law  robs 
^4vovs  fih  idiKtttrBcUf  as  Petit  supposes  (Zegg, 
Attk.  viii.  tit.  iv.  p.  678),  but  there,  as  every- 
where, ^4voi  were  looked  upon  as  protected  by 
Zcirs  Udytos  (p6fioi  B4fus  itrr' . .  .  (ctyor  ifrifirjinu, 
Od,  xiv.  56,  ix.  270;  Plat.  Legg,  v.  p.  729  E, 
etc. ;  icar  A  rbw  icoirby  Satdt^wy  ityBp^»y  ydfutp 
hs  KCirax  rhv  ptvyovra  94x*ff9aif  Dem.  c.  Ar%$tocr. 
p.  648,  §  85).  When  aliens  became  residents 
(ji4toucoi)  in  Athens,  they  were  admitted  to  the 
protection  of  the  law  under  certain  conditions, 
but  were  never  placed  on  the  same  footing  as 
the  Athenians,  and  the  special  jurisdiction  over 
them  was  entrusted  to  the  polemarch:  (As  to 
the  Kdaftos  («Vio9  in  Gortyn,  see  Bull,  de  Corr. 
Bellen.  xi.  p.  243.)    [Metoeci.] 

The  $4fju<rr§s  of  the  king  were  not  laws,  but 
single,  isolated  judgments.  Zeus,  as  Grote  says, 
or  the  human  king  on  earth,  was  not  a  law- 
maker, but  a  judge  (the  word  9'6fiiOs  does  not 
occur  in  Homer) ;  but,  owing  to  parities  of 
circumstances  in  the  simple  conditions  of  ancient 
society,  awards  were  likely  to  follow  and  re- 
semble each  other  in  the  succession  of  similar 
cases.  Thus  a  beginning  was  made  of  customary 
law  which  was  fully  developed  in  the  era  of 
aristocracies  following  upon  the  period  of  kingly 
rule.  The  regal  power,  though  limited,  was 
liable  to  be  abused,  and  Hesiod  complains  bitterly 
of  the  crooked  and  corrupt  judgments  of  which 
the  kings  were  habitually  guilty.  The  nobles, 
who  had  originally  served  as  council  to  the  king, 
superseded  him  (except  in  Sparta,  where  how- 
ever his  power  was  greatly  reduced),  and 
alternated  the  functions  of  administration  among 
themselves;  and  at  Athens,  as  we  are  told 
(Pausan.  iv.  5,  10,  &vrl  fiatriXtlas  fi*r4irrnffeaf 
is  iipx^"  intiOwopt  cf.  Herod,  iii.  80),  the 
archons  were  made  responsible  (to  the  Eupatrids, 
Schomann,  JakH).  f.  kl.  PhiM.  1872,  pu  105  flF.). 
These  aristocracies  did  not  claim  direct  inspira- 
tion for  every  sentence,  as  the  kings  had  done, 
but  they  claimed  that  they  alone  possessed  the 
knowledge  of  the  law :  this,  then,  is  the  epoch 
of  Customary  Law,  of  the  unwritten  law  known 
exclusively  to  one  class.  The  Spartans  never 
went  beyond  this  stage.  Their  pSfUfM  were  held 
to  be  as  old  as  their  race :  **  The  descendants  of 
PamphyluB  and  of  the  Heradeidae  who  dwell 
vndcr  the  brow  of  Taygetus  wish  always  to 


retain  the  rtB/uil  of  Aegimios,"  «>.  the  soa  of 
Dorus  and  their  mythical  ancestor  (Pind.  P.  vi. 
64  f.) ;  and  Hellanicus,  the  most  ancient  writer 
on  the  constitution  of  Sparta,  makes  no  mention 
of    Lycnrgus  (for  which    he   is    censured   by 
Ephorus,  Strab.  viiL  p.  866),  and  attributes  what 
are  called  the  institutions  of  Lycurgus  to  the 
first   kings,   Proclee  and  Eurysthenes.     When 
Herodotus  (i.  65)  describes  the  Spartans  before 
the  time  of  Lycurgus  as  being  munwofu^aroi, 
he  can  only  mean  that  these  rtB/juill  of  Aegimias 
had  been  overthrown,  and  that  Lycurgus  restored 
them.    Lycurgus*  laws  were  not  written  (the 
Spartans  were  forbidden  by  a  rhetra  to  hare 
written  laws) ;  Lycurgus  connected  the  problem 
of  legislation  chiefly  with  education  (Pint.  Lvc. 
13,  rh  yitp  $\op  jcal  irSy  r^f  voft/oO^^ms  ipyw 
^Is  r^p  wcuittap  Akq^c).    Hence  we  find  that 
the  y4popT9S  in  Sparta  could  punish  with  death 
and  exile  (Arist.  Pol.  vi.  7  [iv.  9»»  RJ  5 ;  tks 
^piKiis   SimC^ovo-ir,  iii.   1,   7)   without    being 
responsible  (ii.  6  [9  B.],  17)  or  being  bound  br 
a  written  code.   The  kings  decided  disputes  about 
heiresses,  and  all  adoptions  were  made  in  their 
presence  (Herod,  vi.  57);    the  ephors  decided 
civil  suits  (rits  rSiip  ervfifio\edmp  Sdccu,  Arist. 
Pol,  ii.  7  [10  B.},  6),  and  for  these  Lycurgus  did 
"not  prescribe  any  positive  rule  or  inviolable 
usage,  willing  that  their  manner  and  f<»in  should 
be  altered  according  to  the  circumstances  of 
time,  and  determination  of  men  of  foimd  judg- 
ment" (Plut.  Lye,  18). — In  Crete  the  position 
of  the  y4popTU  (ctUled  there  $ov\4h  Arist.  P(d. 
ii.  7  [10  B.],  3)  was  exactly  the  same  as  in 
Sparta :  they  were  not  bound  in  their  sentences 
by  a  written  code ;  but  private  law  was  redaced 
to  writing.    In  1884  near  Gortyn  an  ioscriptioo 
was  discovered  (on  part  of  an  inside  wall  of 
what  was  probably  the  BucwrHipwp),  in  twelve 
columns,  written  fiovffrpo^ffi6Pf    dating  from 
between  450  to  350  (cf.  Svoronos  in  BuU.  dc 
Corr.  Hellin.  xii.  p.  404  ff.  against  Comparetti's 
earlier  date),  containing  an  elaborate  code  of 
private  laws,  in  which  reference  is  made  several 
times  to  previous  written  laws,  partly  still  in 
force,  partly  amended  by  this  code,  e.^.  xii.  16  f.« 
f  lypairro  wph  r&pBt  rwp  7f>afifuh'«r.     [Gosxi ; 
add  to  the  literature  there  given  Merriam,jli7UT. 
Joum.  of  Archaeol.  i.  4  and  ii.  1.]     This  brings 
us  to  a  new  epoch :  to  the  era  of  Codes.    The 
aristocracies  seem  to  have  abused  their  monopoly 
of  legal  knowledge,  and  at  all  events  their  ex- 
clusive possession  of  the  law  was  a  formidable 
impediment  to  the  success  of  the  popular  move- 
ments begiiming  to  be  universal.    Laws  written 
on  tablets  and  published  to  the  people  took  the 
place  of  usages  deposited  with  the  recollection 
of  a  privilegdl  class.    The  first  written  code,  we. 
are  told,  was  that  of  Zaleucus  (Strab.  vi.  p.  259) ; 
it  is  specially  mentioned  of  him,  that  whilst  it 
had  hitherto  been  left  to  the  discretion  of  the 
judffe  to  settle  the  punishment  for  every  ofience, 
he  fixed  the  penalty  by  law  (Strab.  vt.  p.  ^^60), 
and  also  gave  simple  regnlatioiu  for  private 
suits  (Diod.  xi.  21,  3:  cf.  Polyb.  xu.  16).    b 
B.C.  621  the  archon  Draco  (Pausan.  ix.  36,  8) 
was  appointed  to  draw  up  a  written  code  of 
laws  for  Athens  (Arist.  Pol.  ii.  9  [12  B.],  9); 
these  are  usually  called  Bwftalj  and  by  that 
name  distinguished  from  the  r^^c  of  Solon,  t-g- 
Andoc.  de  Myst.  §§  81,  83;  yet  Solon  ntes  the 
term  Bwfths  of  his  amnesty  law  on  the  13tb  i^p 


NOH(» 


NOHOS 


239 


(Pht  SoL  19,  3 ;  cf.  Dem.  c  Leoch,  p.  1094, 
§46);  and  [Dem.]  c.  Eiierg,  et  Mnes,  p.  1161, 
\u,  fpetki  of  Draco's  r^/Mi.    We  know  very 
littl«  about  Draco's  laws  with  the  exception  of 
those  on  homicide,  which  Solon  retained  (Pint. 
Bd.  17),  and  which   were    always   considered 
excellent  (Antiph.  de  coed.  Herod,  §  14).     They 
VCR  probably  no  more  than  snch  ancient  ordin- 
sDces  reduced  to  writing  as  the  ephetae  had  been 
*uastomed  to  enforce  erer  since  the  community 
kad,  step  by  stcp^  put  an  end  to  the  blood-feud 
iod  rednced  the  pursuit  of  the  murderer  and 
tk»  atonement  for  murder  to  legal  forms,  making 
tbe  rd^f  instead  of  the  prosecutor  xOptoi  of  the 
morderer  (Dem.  c  Aridocr,  p.  642,  §  69,  ^pos 
{(•M-wf ;  p.  643,  §  71,  ^^or  &iw^i05,  etc.). 
Tbe  eitreme  severity  of  Dtbco*s  punishments, 
»Q  vfaich  Aristotle  remarks,  was  not  doe  to  any 
tnA  disposition  on  his  part,  but  to  the  spirit 
of  the  «ge :  moreover  their  severity  has  been 
fr-mewhat  exaggerated  (Pollux,  ix.  61 ;  viii.  42). 
At  all  events  the  people  gained  little  by  the 
vTttten  code  except  a  more  perfect  knowledge  of 
it!  MTehty.    In  B.a  594  *  Solon  was  chosen 
arcfaon  and  SioAAoicT^r  koSL  voyuoBi'nis    (Plut. 
Su,  14,  cf.  16;  Herod,  i.  29,  'A^nyaloio-t  ireXc^ 
rsri  y^ytfvt  ^vodpo'c).     Unfortunately  so  small 
are  the  fragmrats  which  have  come  down  to  ns 
I'f  Solon's  laws  (collected  by  Duncker,  Oetch.  d. 
Altath,  TL*  p.  198  ff.),  and  so  much  has  been 
iscribed  to  him  by  the  orators,  which  belongs 
nhWj  to  subsequent  times,   that  it  is  scarcely 
{-ceible  to  form  a  clear  opinion  respecting  his 
^psUtion  in  all  its  details.     Certain  it  is  that 
i:  shows  a  remarkable   progress  in  the  Greek 
cu&d  respecting  legislation.     No  special  divine 
ia&piraUon  was  cbUnied  for  Solon's  laws,  nothing 
beyoDd  thai  divine  influence   which  the  Greeks 
teit  to  nndcrlie  and  support  every  social  insti- 
titioQ ;  they  were  looked  upon  as  the  laws  of  a 
JQst  and  practically  wise  man  (piic  I^v^of  Kva 


*  A  diffeRnft  date  for  Sokm's  legislation  is  fixed  by 

Rcb^rfcl  (AerL  Stud.  vll.  3)  and  Tfa.  Case  (Clow.  Beo. 

X  No.  8).    Tbe  funner  places  It  in  B.O.  584^,  as  De- 

3i(i8iKi»i  does»  wbo  in  b.c.  343-2  (tbe  date  of  de  fait. 

i^.)  places  tbe  era  of  Solon  240  yean  back  (p.  420» 

}Sr.    After  Damarlas  bad  beld  the  archonahip  for 

t*->  ftaa  (MT-6S6  B.C.)  and  was  driven  by  force  firom 

•Cc*.  4  compromise  was  effected,  by  which  four  Eupa- 

tTtX  three  cvmmk,  and  two  imuowfydi  should  be 

(iccsed  arcboos.     This  arraafement  lasted  only  one 

TCtf  (B.C.  S«S^\  aooordiBg  to  Bnsolt  {Orieeh.  Ge$eh.  1. 

!>■  M4),  for  in  the  following  year  foU  Solon's  legislation. 

n.  Gne  dictingniaheB  Solon's  aeisachthela,  passed  in 

tbe  jear  of  his  archcDship,  i.e.  b.c.  694,  and  his  general 

Vfiaiatkni.  which  occurred  after  b.c.  670;  in  fixiogtbe 

iaster  so  late  be  relies  esp^ially  on  Herodotus'  remark 

J.  \rt\  that  Solon  borrowed  his  law  against  idlenesa 

fns  Amasia  king  of  ligypt,  wbo  sncceeded  to  the 

tbiRM  c.  6T0  B.C.  (Wiedemann,  Aegypt.  Ottch.  p.  6Q2 ; 

Ckw.  Jbv.  ii.  Ho.  9,  p.  291.)    It  is,  however,  anything 

^  certain  that  tbia  law  was  introdnced  by  Solon ;  a 

tKser  aatbortoy.  Lyalaa  (Lex.  Ska.  Cantabr.  p.  666, 

*«'ff.;cl  Flat.  flU.  17),  ascribes  it  to  Draco,  who  ordained 

i«a<b  as  the  penalty  (disftanchiscment,  PoUux,  viU.  42), 

^  Soloo,  who  retained  this  law,  inflicted  a  fine  of 

IN  inebmMB  for  the  first  conviction  and  diai^'anchise- 

am  oDly  wben  a  person  was  convicted  a  third  time. 

Aotrdang  to  Thco^irastus  (jrtpi  v6iittv,  ft.  27),  it  was 

^^B^atmas  wbo  first  passed  the  law:   this  probably 

OKusthatbeiBtrodnoed  farther  modifications.  Dnncker 

^l^^p.  166 a.),  too,  is  of  <^nion  that  one  year  was  not 

^<kisrt  iaragryiat  oat  all  Boton's  reftnns. 


*thv  Zuta^tfrop  ical  t^ftovifiurormf  htiarijcrai  rots 
vpdyfieurw,  Pint.  Sol.  14),  who  fitted  his  laws 
to  the  existing  state  of  tlUngs  rather  than  made 
things  suit  Ids  laws  (i.  c.  22),  and  who,  when 
asked  whether  he  had  given  the  Athenians  the 
best  laws,  could  truly  answer,   "The  best  of 
those  which  they  would  accept "  (/.  c.  15), — of 
a  man  who,  believing  in  human  progress,  did 
not  endeavour  to  secure  fixity  or  finality  for  his 
laws  (rohs  v6fuovs  1^  jucTaiciKi}Tovr  cfyai,  Pint. 
Sept.  Sap.  CoHvw.  p.  152  a,  as  contrasted  with 
Lycnrgus'  theory  in  Plut.  Lye,  29,  iKivrtrov  Is 
rh  fA4x\oy)y  but  only  exacted  from  the  Athenians 
an  oath   that  they  would  not  rescind  any  of 
them  for  ten  years  rHerod.  i.  29 ;  for  a  century^ 
Plut.  Soi.  25),  and  devised  wise  regulations  for 
the  revision  of  the  code.     For,  knowing  on  the 
one  hand  that  laws  consecrated  by  long  usage 
are  more  readily  obeyed  (cf.  on  this  point  Ahst. 
Pol,  ii.  5  [8  B.],  14),  and  foreseeing  on  the  other 
that  the  best  legislation  would  in  course  of  time 
require  adaptation  to  existing  circumstances,  he 
so  contrived  matters  that  whilst  his  laws  were 
subject  to  constant  revision,   all  attempts  at 
hasty  legislation  were  checked.    [Nouotbete&3 
Any  law  thenceforward  added  to  the  code  was 
in  fact  "  a  contract  of  the  state  according  to 
which  it  befits  all  who  belong  to  it  to  live : " 
cf.  Arist.  £het.  i,  15,  21,  iced  B\vs  ainhs  6  v6fAos 
aw04iicri  ris  iortp;  Anaxim.  Ars  Sket.  ed.  Spen* 
gel,  p.  2,  2,  p.  13,  12  f. ;  and  the  same  principle 
in  Plato,  legg.  i.  p.  644  D,  iwl  8i  fwri  ro^rois 
KeyiffpJbs  h  ri  for*  oJbr&v  iS^uvov  ^  x^^P^" '  ^^ 
ytp6fuvos    I6yita    vi^Acws    Kotvhp    vdfios    cVv- 
v6fiaffr«u.    For  any  law  which  was  ^vir^Scois 
(Dem.  c.  Tim.  p.  *722,  §  68 ;  c.  Lept.  p.  482,. 
§  83  f.)  the  proposer  could  reckon  upon  ready 
acceptance  ;  for  it  was  the  outcome  of  practical 
needs  which  required  only  to  be   duly   stated 
within    the    prescribed  forms.      To  satisfy  a 
practical  need  (^ic  yitp  rod  wpdrrrtcOal  riva  Stv 
ov  wpocr^Kcy,  iK  rovTov  rohs  rSfiovt  i&riKay  oi 
woKtuoi,  Aeschin.  c.  Tim.  §  13 ;  ^  fxhv  yiLp  v6^s 
iri^vKt   ftpoXdytiv  h  /i^  8ct  vpdrrtiv.  Lye.  c. 
Zeocr.  §  4),  not  to  build  up  a  system  of  laws 
which  provided  for  every  conceivable  case,  was 
the  aim  of  Greek  legislation  (Theophr.  v.  v6fjMVy 
ix.  1  and  2,  in  Journ.  of  PhUol,  vi.  p.  1 :  "jura 
constitni  oportet,  ut  ait  Th.,"  in  his  ^'  quae  iirl 
th  irXiiarov  accidunt,  non  quae  iK  wtipaxSyoVj** 
Digest,  i.  3,  3 ;  rh  yip  Awii  ^  Us,  ut  ait  Th., 
wapafitiivovffiy  at  vofioNrat,  Digest,  i.  3,  6). 

Solon's  laws  were  inscribed  fiovarpoiprihhp  on 
square  wooden  tablets  (Ji^op€s)  on  a  pivot  (Aris* 
totle  in  Aul.  Gell.  N.  A.  ii.  12;  Harpocr.  s.  v. 
t^opit  Plut.  So/.  25).  Draco's  laws  on  homicide, 
which  Solon  retained,  were  likewise  inscribed 
on  &|ovcr,  but  these  were  counted  by  them- 
selves. This  is  evident  from  C.  I.  A.  i.  No.  61, 
where  Draco's  law  irtpl  ^6vov  is  mentioned  as 
being  inscribed  on  the  wpwros  A^otp  (cf.  Dem. 
c.  Aristocr,  p.  629,  §  28,  ip  ry  o'  i^opi,  Cobet, 
Var,  Lect.  p.  123),  whilst  the  irp&ros  &|a>K 
of  Solon's  legislation  contained  quite  different 
laws.  From  Plut.  Soi.  24  we  learn  that  it 
contained  a  law  forbidding  the  exportation  of 
any  native  produce  except  olive  oil ;  and  from 
Harpocr.  s.  v.  trlros,  that  on  it  were  inscribed 
regulations  for  the  maintenance  of  widows  and 
orphans.    This  first  &{wr  evidently  contained 

the  v6ftot  rov  ipx"''^^*'   ^^^  ^^^  ^X*'^  ^^^ 
boimd,  on  pain  of  forfeiting  100  drachmas,  to 


240 


NOMOS 


pronounce  solemn  curses  upon  any  offender 
against  the  laiv  regulating  export^  and  to  him 
was  also  entrusted  the  care  of  vridows  and 
orphans  {Att.  Process^  ed.  Lipsius,  p.  57).  From 
this  it  would  appear  that  Solon's  laws  were 
Arranged  according  to  the  magistrates  who  had 
to  administer  them — an  arrangement  which 
«eem8  to  hare  been  the  usual  one  at  Athens 
(^Att.  Process^  ed.  Lipsius,  p.  206  f. :  r^/Aot  rov 
fiaffi\4MSf  Athen.  vi.  p.  235  c ;  Pollux,  ill.  39 ; 
ySfwi  fiovKtvrucolt  lex  in  Dem.  c.  Tim.  p.  706, 
§  20,  etc. ;  the  v6fioi  iirucKiipcayf  tc\«wico(, 
ifiwopucol^  etc.,  were  subdivisions,  e,g.  the  tf6fwi 
hcutXiipoiv  of  the  v6iioi  rov  tpxovros,  etc). 
According  to  the  scholiast  on  Plat.  Pdit.  p. 
298  D,  Solon  dirided  his  laws  into  v6fioi  ir^pX 
T&y  Upuvj  ySfjLOi  iroXiriicof,  and  y6fJMt  ircpi  r£y 
iStwriKwy,  and  the  third  class  was  placed  on  the 
&|oyef,  the  other  two  on  the  K^p$§ts  (cf.  Sol. 
25);  but  earlier  writers  knew  of  no  such 
difference  between  i^ovts  and  xiip^is  (cf.  Era- 
tosthenes in  Schol.  on  Aristoph.  Nub.  447). 
According  to  others,  the  &|oFct  were  wooden 
tablets,  whilst  the  Kipfitis  were  stone  pillars 
^ApoUodorus  in  Harpocr.  s.  o.) ;  but  from  the 
passage  from  Cratinus  quoted  by  Plut.  Sol.  25 
it  is  clear  that  the  K6p$tit  wei*e  of  wood.  In 
all  probability,  as  Aristotle  suggests,  i^oyn  and 
Kvo$€is  were  synonymous  terms  [Azoneb]. 
Solon's  laws  were  preserved  first  in  the  Acropolis, 
subsequently  brought  by  Ephialtes  e/t  rh  fiov- 
Ktmiipioy  mm  r^y  kyopdy  (Anazimenes  in  Har- 
pocr.  s.  V.  6  KdruBty  y6fws)j  and  ultimately  to 
the  prytaneum,  where  Polemon,  c.  200  B.C.,  saw 
them  yet  (Harpocr.  a.  v.  A^oyi),  and  where  some 
remnants  {Ktli^aya  fiucpd)  existed  even  in  the  days 
of  Plutarch  (^Sol.  25) ;  some  sixty  years  later 
Pausanias  said  inaccurately  iy  f  (sc.  Prytaneum) 
ySfjLot  re  oi  ^\uy6s  §itrt  yrfpa^t^ivoi^  etc. 
(i.  18,  3).  According  to  Aristotle,  copies  of  the 
laws  were  placed  in  the  vrok  /ScurtXcfa  (Har- 
pocr. 8,  V.  K^p$fi%).  V/hether  Aristotle  refers 
to  the  legislation  of  B.C.  409  and^403,  or  to  an 
earlier  measure  (perhaps  to  Ephialtes,  /.  c,  robs 
K^p$€ts  fit .  .  .  riiy  iPYoody^  etc.),  it  is  perifectly 
clear  that  for  practical  use  such  copies  of  all 
the  laws  on  ot^Xcu  were  in  the  court  of  the 
basileus  in  the  marlcet-place :  cf.  C  /.  A.  i. 
No.  61,  dyaypa\^dyrwy  oi  iofoypa^tis  r&y  y6fitty 
.  ,  .  iy  trr^Kp  KiBiyp  ical  Kara$4yrcty  Tp6a9w  rqs 
areas  r^t  /SouriAcfas,  and  the  psephi^ina  in 
Andoc.  de  Myst.  §  84,  roht  8i  Kvpovfi€yous  r&y 
ydfxmy  iiyaypdptty  fis  rhy  roTxoy,  i.e.  c/f  riiy 
trrody  (/.  c.  §§  85,  82).  There  were  besides,  in 
the  offices  of  the  different  magistrates,  copies  of 
those  laws  which  they  had  to  administer :  thus 
Andocides  speaks  of  a  law  which  he  considered 
Solonian  bs  iy  rf  trr^iKn  tfAwpwrBw  rod  jSovXcv- 
nipiov  (de  Myst.  §  95  f. :  cf.  the  y6iJMi  ^ovXcv- 
riKoi  in  Dem.  c.  Tim.  p.  706,  §  20) ;  the  laws 
on  homicide  were  engraven  on  a  crr^Ai}  in  the 
Areiopagus  (Dem.  c.  Aristocr.  p.  627,  §  22  ;  Lys. 
de  coed,  Erat.  §  30;  [Lys.]  c.  Andoc,  §  15; 
[Dem.]  c.  Euerg,  et  Mnes.  p.  1161,  §  71).* 

Within  a  year  after  the  deposition  of  the  Four 
Hundred  the  complete  democracy  was  restored, 

*  The  ancient  law  respecting  the  wife  of  the  btsUens 
engraven  on  a  stone  plUar  ^utpoiv  ypdiiiiamv  *Arrucoi« 
was  preserved  in  the  temple  of  Dionysus  i¥  Aduinuf , 
which  was  opened  only  once  every  year  ([Dem.]  c. 
Jfeaer.  p.  1370.  ^  76  f.). 


NOMOS 

and  a  revision  of  the  laws  ensued :  commisnion- 
ers  (avyypa/^tisf  €.  I,  A.  i.  No.  58 :  Demophan- 
tus  was    one    of   them,  t(£8c    A.  ovr4yp€a^€r, 
Andoc.  de  Myst.  §  96)  were  appointed  with  Su^a- 
ypa/^ts  (C  /.  A,  i.  No.  61 ;  cf.  Lys.  c.  Xioonu 
§  2)  under  them  to  copy  the  laws  within   four 
months  after  the  revision  (R.  Schtf  11,  die  er^roort/. 
quibuad.  magiatr.  Athen.  in  ConunenL  Philoi.  in 
hon.  Th.  Mommaeni,  p.  458  ff.),  and  from  C.  Z.  A^  L 
No.  57  and  No.  61  it  is  evident  that  the  law  on 
the  competency  of  the  senate  and  the  popular 
assembly,  and  Draco's  law  respecting  homicide, 
were  copied  afresh.      This  revision  was  inter- 
rupted by  the  unfavourable  turn  which  the  war 
took,  and  was  not  resumed  until  the  arehonship 
of  Eucleides,*  B.C.  403.     Then  it  was  proposed 
Xf^tfBcu  roU  %6AMyos  y6fAOis  irol  roh  ApdKOwras 
B^fffioTs  (Andoc.  de  Myat.  §  82 ;  cf.  Xen.  Mentor. 
\\.  2,  42,  ro7s  ydfwts  rois  ipx^^^)  ^^  ^®  mean- 
time ;  the  senate  selected  ten  y0ilio04rai  {bmd^my 
9*  &y  vpo(r8c27,  oX  ^ixa  [Sluiter,  led.  J^ndoc,  p.  134, 
oT  8«  MSS.]  T^pfifiiyot  yofioBirai  ivh  r^r   0a»- 
A^f),  who  had  to  write  on  tablets  all  proposals 
for  new  laws,  post  them  up  for  public  inspec- 
tion before  the  etatues  of  the  Eponymous  Heroes, 
and    hand    them    over    within    a   month   r-aus 
dpx^h  ••^>  ^o  ^^^  different  magistrates    inter- 
ested, ^all  the  laws  to  be  examined  first  hy  the 
senate  and  then  by  the  500  nomothetae  (after 
having  taken  the  oath),  elected  by  the  Sii/u^a^ 
and  during  the  discussion  before  the  senators 
every  private  citizen  was  to  have  liberty   to 
enter  the  senate  and  tender  his  opinion.     All 
the  laws  thus  approved  were  written  out   in 
the  Ionian  alphabet  (Suid.  s.  v.  Hofdmy  6  d^^ios). 
At  the  same  time  it  was   enacted    that    do 
magistrate  should  act  upon  any  law  not  among 
those  inscribed ;   that  no  psephisma   either  of 
the  senate  or  of  the  people  should  overrule  any 
law ;  that  no  law  should  be  passed  ^  Ar8p2 
unless   by  the   votes   of  the  majority    in    an 
assembly   at   which   at   least  6000  Athenians 
were    present    and    voted    (secret    voting    by 
ballot),   e.g.   in   case  of   naturalisation    of    a 
foreigner;   and   that   in    future  the   code    as 
revised  in  the  arehonship  of  Eucleides  8hou]<* 
be  used   (Andoc  /.  c.  §  87;    cf.  Dem.  c.  Itm. 
p.  713,  §  42,  lex). — ^After  the  Lamian  war  the 
democratic    constitution    was    overthrown    by 
Antipater;   Demetrius   of  Phaleron,  the  thtrd 
yofioBirris  of  Athens    (Synoellus,  Chron,  273), 
established     again    a    professedly     democratic 
government  (ob  fi6yoy  oO  KoriKwrt  rifv  ^'aifio- 
Kpeeriay  dXXii  Ktd  iwriy^pO^fft,  Strab.  iz.  p.  398), 
but  Plutarch's  (Demetr.  10)  description  of  it  a* 
in   fact  a  fioyapxueii    Kcerdffrtuns  seems   more 
accurate ;  three  years   after  his  death,  in  B.C 
304-^,  a  new  hvaypeuph  of  the  laws  took  place 
(C.  /.  A.  ii.  No.  258). 

The  magistrates  and  dicasts  were  bound  by 
solemn  oaths  to  administer  the  laws,  executive 
and  judicial :  the  nine  archons  swore  wpu^vkA^ 
(cty  rohs  ydftaut  (Pollux,  viii.  86 ;  cf.  Pint.  Sol. 
25X  the  senators  fiovK^iffttM  KoriL  rvfbs  ydfiovs 
(Xen.  Memor,  i.  1,  18),  the  dicasts  tcark  rohs 
ySfiovs  9iKdffttp  .  .  .  jccd  wtpl  Sy  ^  ydftai  fiii  Zat, 
yy^fjLTf  Tp  Zucaurrdrp  Kpiyaiy  (Dem.  c.  Lept. 
p.  492,  §  118,  etc).  In  the  decree  of  Tisamenus 
the  senate  of  Areiopagus  were  enjoined  to  see 
Hirws  ttp  al  ipx*^  '''^'^  Ktifiiyois  yofJUHS  xp**"^^ 
(Andoc.  de  Myat.  §  84 ;  cf.  Plut  Sol.  19).  As 
the  dicasts  performed  the  functions  both  of 


NOMOS 

jfldfe  iod  JQrjf  ve,  were  entnuted  with  the 
vkoJe   jadicial    power    after    the    cause   waa 
trcoght  into  court  (they  decided  upon  the  law 
ft»  well  If  upon   the   facts  without   being  di- 
rected or  controlled  by  a  presiding  judged  it 
la  erident  that  the  important  question  how  the 
lawi  of  Athena  worked  depends  on  the  discretion 
vhidk  in  practice  they  exercised  in  the  interpre- 
tition  of  the  written  law,  or,  where  there  was 
CO  written   statute,  in  applying  the  general 
phsciples  of  law  and  justice  to  the  case  before 
them.  This  is  only  to  be  discovered  by  a  carefiil 
penual  of  the  Attic  orators,  and  is  too  wide  a 
«]Tiestiott  to  be  discussed  here.    The  materials 
tor  a  trial  were  prepared  by  the  pai*ties  them- 
Mlres  under  the  superintendence  of  the  magis- 
tnte,  and  the  dicasis  had  to  decide  upon  the 
materials  thus  prepared.     Of  the  five  irtx^i 
riorta  which  ijistotle  mentions  {Bhet.  i.  15, 
n^fti,  fuiffTvpfs,  owOifKai,  $dircafoij  Spicot)  we 
ve  hen  concerned  only  with   the   first;   the 
ptrti«s  procured  copies  or  extracts  of  «uch  laws 
tt  were  material  to  the  questions  to  be  tried, 
tad.  brought  them    before  the    iiytfiitp   duca- 
rr^ptmt  at  the  ivdicpuriSj  by  whom  they  were 
I'Qt  into  the  box   {ix^yos),  together  with  the 
uther  eridentiary  documents,  and  produced  at 
the  trial  to  be  read  to  the  dicasts  by  the  ypofi' 
vartvf.    To  produce  a  6ctitious  law  is  said  to 
Ka?e  been   an    offence   punishable  with  death 
([Dem.]  c  Ariitog,  ii.  p.  807,  §  24).     It  was 
«U7  for  the  parties  to   procure  copies,  since 
f^trj  dtizen  had  access  to  the  public  places 
There  the  laws  were   open  to  inspection,  and 
to  the  Ifetroon  which  served  as  state  archives 
i*o^lofl^KdMOw,  Snid.  a.  v.  fi^payiupriis ;   from 
the  fourth  century^  according  to  Wilamowitz- 
Moiiendorf;  PhOol.   Unters.  i.  p.  205  f.)  for  all 
kinds  of  documents:   laws  (Lycurgus  in  Har- 
pocr.  f.  t. ;  Lye  c.  Leocr,  §  66,  etc.),  decrees  (the 
eri^iiials,  Athen.  v.  p.  214  e ;  Dinarch.  c.  Dem, 
h  ^X  ctCf  and  was  in  charge  of  a  public  servant 
^h^j^iMy  Dem.  de  fals.  Leg.  p.   380,  §  129). 
(C.  CnrtiuSftftf  Metroon  in  Aih.  als  Staataarchiv,) 
There  was  at  Athens  no  class  of  persons  corre- 
ipoodiag  to  our   counsel  or   attorneys,  whose 
busmeas  or  profession   it  was  to  expound  the 
Iavl    The  office  of  the  <(i?7nred  related  only 
^  religious  observances.     The  laws  were  not 
complicated;  at  all  events  it  was  considered  a 
nqutremcnt  of  a  good   law   that  it  should  be 
iiavn  simply    and   intelligibly  (Dem.  c.  Tim, 
p-  722,  {  68^  and  nothing  seems  more  directly 
<^>ppowd    to    Solon's    aims     than    the    charge 
br.,nght  against    him    by  Plutarch   (Sol.  18), 
that  be  wrapped  his  laws  in  studied  obscurity. 
tTerj  Atheidan   on   coming  of  age  swore   to 
^^7  the    laws  (to«s    $€irfuns  roU  UpvfUyoit 
^M9fiai   col   oSaruma  &r  &AAovs   rh  wAiy^of 
^P«wirrsi  6fut^pmt^  Stob.  Flor,  xliii.  48 ;  cf. 
I'oUu,  Tiii.  105  f.),  and  Pericles  pointed  to  the 
fear  of  the  laws  as  the  source   of  every  civic 
^M  (Thuc.  iL  37).      But,   to   use    Burke's 
*^  (BefiecHoM  on  the  BewliUion  in  France^ 
t'-iS9),<*The  vice  of  the  ancient  democracies, 
ud  one  cause   of  their   ruin,  was,  that  they 
^H ...  by   occasional  decrees,    psephismata. 
^^  practice  soon  broke   in   upon  the  tenour 
*5l  GMMstency  of  the   laws;    it   abated    the 
*^pectofthe  people  towards  them,  and  totally 
'*«»iroyed  them  in  the  end."     (Hermann,  Ueber 
<i<«t2,  Get^xge^mg^  etc  im  gritGh.  Altcrth. } 
VOL  a 


NOMOTHETES 


241 


Maine,  Anc.  Law,  ch.   1 ;   Leist,  Oraeco  -  ital. 
SfictsgeschS)  [H.  H.] 

NOMOTHETES  (vo/ioBtriis),  legislator,  is 
a  word  which  may  b^  applied  to  any  person 
who  causes  laws  to  be  enacted  (d  y6fiov  Ktukhtf 
9i<r<l>4potr,  Schol.  on  Dem.  Olynth.  iii.  p.  31, 
§  10).  Thus,  Pericles  and  Themistocles  are 
called  vofioBiraty  movers  or  proposers  of  laws 
(Lys.  c.  Nichom,  §  28 ;  c.  PhU,  §  27,  etc.).  It  is, 
however,  more  commonly  given  to  those  eminent 
men  whose  laws  have  been  celebrated  for  their 
intrinsic  merit,  or  for  the  important  influence 
which  they  exercised  over  the  destinies  of  their 
country.  Such  were  Minos  of  Crete  (Plat.  Miu, 
p.  318  C) ;  Zaleucus  at  Locri ;  Charondas  at 
Catana,  whose  laws  were  adopted  by  the  Chal- 
cidian  cities  in  Sicily  and  Italy  (Arist.  Pol,  ii.  9 
[12  B.],  8,  praises  his  laws  as  superior  to  all 
others  of  his  time  in  accuracy  of  definition  and 
fineness  of  discrimination ;  they  were  sung  wa/>' 
ol¥0¥  Kardi^eri,  PhiloioguSf  v.  p.  421,  i.e.  at 
Catana,  not  'AM^KDcrt,  the  usual  text  in  Athen. 
p.  619  b) ;  Draco  at  Athens  (Dem.  c.  Tim.  p.  765, 
§  211);  Pittacus  of  Lesbos;  Androdamas  of 
Rhegium  (Arist.  Pol.  ii.  9  [12  B.],  9),  etc.  But 
the  name  of  yofio64Tiis  is  given  kot'  ^{ox^k  to 
■Lycurgus  and  Solon ;  for  they  were  abo  founders 
of  coru^i^/^ftons  (woXiTficu,  Arist.  Pol.  ii.  9  [12  B.], 
1).  So  high  was  the  esteem  in  which  Solon  was 
held  by  the  Athenians  as  the  founder  of  their 
social  polity,  that  although  many  important 
reforms  were  effected  at  various  periods,  he  still 
continued  to  be  regarded  as  t/te  laycgivety  and 
the  whole  body  of  laws  passed  under  his  name 
(Meier,  de  Bon.  Damn.  p.  2). 

As  pointed  out  in  NOMOS,  Solon  did  not  en- 
deavour to  secure  fixity  and  finality  for  his  laws. 
Zaleucus  (Dem.  c.  Tim.  p.  744,  §  139 ;  Polyb.  xii. 
16) '  discouraged  changes  in  his  laws  by  the 
regulation  that  he  who  proposed  a  i^ew  law  had 
to  bring  the  matter  before  the  couitdl  with  a 
cord  al^ut  hi^neck,  and  was  to  be  put  to  death 
if  his  proposal  was  negatived  (Diod.  xii.  17 
ascribes  this  regulation  to  Charondas).  When^ 
Lycurgus  went  on  his  last  journey  from  which 
h«  never  returned  (so  the  story  runs),  he  bound 
his  countrymen  by  an  oath  to  observe  all  his 
laws  till  his  return  (Plut.  Lye.  29).  Solon 
exacted  a  similar  oath  of  the  Athenians  for  ten 
years  only  (Herod,  i.  29 ;  for  a  century,  Plut. 
Sol.  25),  and  devised  certain  formalities  for  re- 
pealing an  existing  law  and  enacting  a  new  one 
(Dem.  c.  Lept.  p.  484,  §  89  f.,  p.  485,  §  93 ; 
Aeschin.  c.  Ctea.  §  38  ascribes  them  rf  yofioOfrif 
ry  r^v  9fifioKparia¥  KarcurHiaearri).  Groto 
(Bist.  of  Or.  iii.  p.  123  f )  doubts  whether  Solon 
made  any  such  provisions  (as  we  find  in  opera- 
tion in  the  time  of  Demosthenes),  and  refers  "  to 
post-Solonian  matters  in  the  supposed  Solonian 
law,  e.g.  to  the  regulation  (Dem.  c.  Tim.  p.  707, 
§  23)  that  the  proposer  had  to  nut  up  his  pro- 
ject of  law  before  the  Eponymi."  Of  course 
this  regulation  cannot  have  proceeded  from 
Solon,  but  the  existence  of  such  post-Solonian 
matters  may  be  admitted  without  giving  up  the 
main  point,  viz.  that  it  was  Solon  who  laid  down 
the  principle  of  periodical  revision  of  the  laws 
(SchOmann,  Verfasmngsgeach.  Atk,  p.  57).* 

*  In  Bosolt's  opinion  {GrieA,  StaaU.  u.  RechttalterU 
i  195)  the  mode  of  enacting  laws  in  the  fifth  century- 
differed  from  that  in  use  tn  the  fburtb.  Inasmuch  as  in 

B 


242 


KOMOTHETES 


The  method  of  procedure  at  the  ivix^iporovla 
v6jmv  was  as  follows  z-^At  the  first  assembly  of 
the  first  prytany,  «.e.  on  the  eleventh  of  Heca- 
tombaeon,  a^«r— spe^jckes  rS^CDtnmending  new 
laws  and  d€lemlmg"tD^-eld'-ei^es^  \S\  been  de> 
livered,  the  question  was  put  to  the  Tote  (xe<po* 
rovick)  whether  the  laws  should  be  confirmed  as 
they  stood  or  be  revised.  The  laws  were  sub- 
mitted in  groups,  according  to  Dem.  c.  Tim, 
p.  70<>,  §  20,  kx :  first  ol  fiov\^vTiKoi,  ue,  those 
concerning  the  /SovX^ ;  secondly,  ol  Koivoiy  then 
ot  Kutrrtu  rots  iw4a  ipxovfft,  and  ol  r&y  (i\X»v 
apxw  —  evidently  arranged  according  to  the 
different  magistrates  who  had  to  administer 
them,  though  the  term  ol  kowoI  p6fioi  is  not 
clear  in  this  connexion.  If  a  revision  of  one  or 
more  groups  of  the  laws  was  voted  for,  in  the 
third  assembly  following,  the  appointment  of 
yofioB4Tai  was  taken  into  consideration  ((tW- 
ij^oirAu  Ko^*  S  Ti  robs  ¥Ofio$4ras  KaBuer*,  I.  c. 
]).  707,  §  25X  viz.  their  number  4nd  the  length 
of  their  session,  and  how  their  pay  was  to  be 
provided.^  In  the  interval  those  who  wished  to 
]>ropoBe  a  new  law  had  to  put  up  a  copy  of  it 
before  the  statues  of  the  Eponymi  (/.  c.  p.  705, 
§  18 ;  p.  708,  §  25 ;  p.  711,  §  36),  that  every  one 
might  have  an  opportunity  of  seeing  it ;  and  to 
give  it  still  further  publtcitv,  they  had  to  hand 
a  copy  to  the  secretary  of  the  senate  to  have  it 
read  out  at  the  intervening  assemblies  (Dem. 
c.  Zept,  p.  485,  §  94X  probably  together  with 
the  old  law  which  it  was  intended  to  replace 
(vofMuw/ye^f,  Dem.  c.  Tim.  ]).  712,  §  38).  The 
popular  assembly  was  thus  enabled  to  form  an 
opinion  as  to  the  extent  and  nature  of  the  re- 
vision, and  accordingly  to  fix  the  number  of  the 
¥OfjLo04reu  to  be  selected  by  lot  from  among  the 
heliasts,  and  to  determine  their  term  of  office ; 
for  the  nomothetae  were  not  a  standing  com- 
mittee of  the  heliasts  with  their  own  ivumifnis 
and  irpo^8pot  (Fri&nkel,  (/.  Att.  OeschworertgerichtCt 
p.  23  f.),  but  were  chosen  Md  hoc,  and  their 
number  was  probably  not  uniform  (a  thousand, 
as  Pollux,  viii.  lOI,  saysX  but  seems  to  have 
varied  according  to  the  importance  of  the  laws 
under  consideration,  ^he  number  of  nomo- 
thetae given  in  Dem.  c  rim.  p.  708,  §  27,  is 
1001 ;  in  Andoc.  ds  Myst.  §  84,  it  is  500  (Blass 
reads  here  ^  fiou\)i  ol  ir*trraK6atoi  Koi  oi  yo/iO' 
04rcu  instead  of  ii  0ov\ii  irol  ol  yofwBdreu  ol 
ircmraic^toi).  At  the  same  time  as  the  nomo- 
thetae (not  at  the  first  assembly,  Dem.  c.  TYm. 
p.  707,  §  23)  five  trwHryopoi  (/.  c.  p.  711,  §  36  ; 
Dem.  c.  Lept,  ed.  Wolf,  Proleg,  p.  145)  were  chosen 
to  argue  ip  defence  of  the  laws  which  it  was  pro- 
posed  to  repeal  (not  five   trvyirYopot  for  each 


the  fifth  century  certain  individuals  (avyypa^tc)  were 
cammlssloned  to  dra«r  np  the  laws  which,  after  having 
been  approved  by  the  senate,  were  laid  before  the 
popular  assembly ;  avyypau^U  for  460  b.c.  in  C.  /.  A. 
iv.  Ko.  22  a,  for  446  b.c.  in  the  decree  about  the 
aropxM  ^  ^*itt.  de  Corresp.  BOL  1880,  pp.  22S  ff.,  in 
March  411  a.c.  (vyy pa^U  avrcMcpdropff  were  appointed 
to  prepare  a  uew  constitution  (Thuc.  viii.  67).  of.  Xen. 
Hell.  ii.  3,  2,  11  ;  Memor.  i.  3,  31 ;  but  immediately  after 
the  overthrow  of  the  Four  Hundred  poiLoBtrai  were 
appointed  (Thuc.  viii.  97).  Hicks  (Grtek  Rist.  Inter. 
149,  A,  9  8)  gives  an  interesting  inscription,  according 
to  which  three  voneypi^  were  comminloned  to  draw 
np  a  new  code  of  laws  for  Teos  after  the  incorporation 
of  the  people  of  Lebedoe  with  the  Telans,  the  laws  of 
Cos  being  in  the  meantime  in  force. 


NOMOTHETES 

law,  as  the  Schol.  on  Dem.  c.  TVm.  p.  707,  §  23, 
says).  Before  the  nomothetae  were  called  upon 
to  give  their  final  decision,  the  propo&ed  law!> 
were  examined  by  the  senate'  ((rvyyo/Ao^ercXy  Sc 
icol  r^y  fiovkt'^  {I.  c.  p.  708,  §  27,  pscphisma)  ; 
cf.  [Xen.]  de  Rep.  Athen.  iii.  1^  r^w  H  fiovXijy 
fiov\tiw0M  (8ci)  .  .  .  woAA^  .  .  .  ircp2  ar6fue¥ 
04a§tts,  and  Pollux,  viii.  101,  robs  y&p  v4mn 
(sc  v6tAOvs)  i9oKlfia{€y  71  /3ov^^  etc.);  and  if  we 
may  take  the  revision  of  laws  in  a.c.  403  aa  an 
example,  the  senate  performed  this  duty  by 
themselves,  not  in  conjunction  with  the  n>>- 
mothetae.  The  meetings  of  the  nomothetae 
resembled  the  assemblies  of  the  people  :  the 
prytanes  convened  them ;  wpo^poi  presided  over 
them,  probably  appoinied  in  the  same  way,  viz. 
by  lot  one  from  each  of  the  non-presiding  tribes, 
and  their  in^drris  chos»en  by  lot  from  among 
themselves.  The  statement  that  the  wpo€6poi 
put  the  question  to  the  nomothetae  (l>ein.  c. 
Tim.  p.  710,  §  33 ;  p.  723,  §  71)  is  not  "  a 
blunder  on  the  part  of  the  compiler ;  "  they  arc 
mentioned  in  C.  /.  A.u,  Ko.  115%  isf  d4  tois 
¥OfM$4r9is  robs  'rpo49povs  ot  ftr  vpocSpc^wo-ir 
irai  rhy  iirurrdrriy  irpo4ryofuo$€r^ffai,  etc.  The 
law  in  favour  of  which  the  nomothetae  TOted. 
whether  the  established  law  or  the  propoaeJ 
one,  was  icipios. 

Besides  this,  the  thesmothetae  {koAjowtoi  Sc 
oirttSf  tri  r&y  yipuv  r^y  iwipdKtuuf  c^xor.  Hot- 
poor.  a.  o.)  of  each  year  were  directed  to  examine 
the  whole  code  of  laws  (9i6pBcwis  rw  ydpuum%  and 
to  see  if  there  were  any  laws  contradictory  or  use- 
less (Aeschin  c.  Ctes.  §  38 ;  Dem.  c.  Lepi,  p.  4i^, 
§  90 ;  Harpocr.  and  Photius,  s.  v.).  If  they  found 
such,  they  had  to  put  up  copies  of  them  before 
the  statues  of  the  £ponymi,  the  prytanes  had  to 
convene  an  assembly  of  the  people  for  the  ap- 
pointment of  nomothetic  {i-Ktypi/^arr^s  vo^&o- 
9eras),  and  the  9wirrdnis  rioy  irpo4ipoty  had  to 
submit  the  laws  to  the  decision  of  the  nomo- 
thetae. The  usual  text  of  the  last  clause  is  rbv 
5*  iiriTrdniy  r&y  irpo4Bpt0y  ^lax^iporomiaa^  Bi- 
S^you  T^  8^MV  •  '*'¥  ^4^^  >*>  however,  wrongly 
repeated  from  the  previous  paragraph.  It  is 
clear  from  what  follows,  rAy  Si  itpvrdtfmmr 
kuMyrtay  rois  yofioBtrais  kt^pfifr*  &r  6  i-rtpos 
r&y  y6fMty,  that  the  nomothetae,  not  the  as- 
sembly of  the  people,  would  have  repealed  tiie 
law.  (Hdffler,  de  nomoihes.  Att  p.  10,  con- 
necting this  passage  with  Photius'  explanation 
of  yopo$4rmj  strangely  supposes  that  the 
whole  people  when  engaged  in  the  revision  of 
the  laws  might  be  called  yopo$4rai.)  The  pro- 
ceedings in  the  4irix*iporoyia  riiy  y6pmy  and  in 
the  hiipBctais  are  therefore  only  dilTerent  in  this 
respect,  *that  in  the  former  any  citiien  so  dis<-> 
posed,  in  the  latter  the  thesmothetae  in  their 
official  capacity,  proposed  the  repeal  of  a  law. 

If,  after  the  repeal  of  an  old  law  by  the 
nomothetae,  it  wa&  found  that  the  law  propose!  , 
in  its  stead  was  not  expedient  (o6k  4wniji^t»%  > 
for  the  Athenian  people,  or  was  contrary  to  any 
of  the  established  laws  Qex  in  Dem.  c.  Tun. 
p.  710,  §  33X  the  proposer  was  within  the  limit, 
of  a  year  liable  to  prosecution  (Dem.  c.  Lfjt^ 
p.  501,  §  144 ;  argummtvm,  p.  543>  (SchulU 
£7e6er  attische  Oesetzgebung,  SUxungtber.  Akad. 
M&ncheHj  1886.)    [Paranomon  Gelaphs.] 

These  regulations  for  the  revision  of  laws  were 
not  always  observed ;  e.g.  Demosthenes  (^OltfHiL. 
iii.  p.  31,  §  10  f.)  recommended  the  appointment 


KOKAE 

of  nomothetae  for  the  special  purpose  of  repealiosf 
the  lavs  concerning  the  theoric  fund ;  one  of 
tb«  charges  against  Timocrates  was  that  he  in- 
duced the  people  to  appoint  nomothetae  out  of 
tb«  Qsoal  time,  viz.  on  the  day  following  the 
first  assembly  of  the  year  (p.  706,  §  18 ;  p.  708, 
$26;  ef^cLept.  p.488,§91).  The  practicehad 
ftcmn  up  of  passing  legislative  measures  in  the 
^ftpe  of  decrees,  dispensing  with  the  regular 
ecnrse  of  law.  The  mere  resolution  of  the  people 
is  saembly  was  a  i^if^iafui ;  such  decrees  were 
ongioally  measures  of  government,  relating  to 
isdiridoals,  or  to  particular  occasions,  e,g.  for 
tb«  despatch  of  an  embassy.  They  had  indeed 
the  force  of  laws  so  far  as  regarded  the  obedience 
due  to  them,  and  sometimes  v6fios  and  ^^"fi^tcfxa 
seem  to  be  used  indiscriminately,  e,g.  Ps.  Pint. 
Viit  £  Oratt,  p.  481  £  f.,  and  Aelian,  V.  If.  liu. 
24  (SchOnumn,  da  ComU.  p.  249),  but  one 
pseiihisma  might  be  set  aside  at  any  time  by 
another.  It  was  ordained  by  a  decree  of  the 
people  that  no  free  Athenian  could  be  put  to 
tcrtore,  bat  Peismnder  urged  the  Athenians  to 
set  it  aside  (A^ar  rh  M  Sm^iarSpfoir  i^^fut, 
ADdoc  d$  My$i.  §  43 :  cf.  [Dem.J  c  Ariatog,  i. 
}.  784,  {  47 ,  An.  Process,  ed.  Lipsius,  p.  896, 
B.372). 

Andoddes  quotes  the  law :  tfr^i^/ta  f/nfikp 

^ff  09»\fis  paht*  9^ptov  piftiov  KVpiArwpov  9tP€U 

{^  Myst.  SI  87,  89 ;  cf.  Dem.  c.  Aristocr.  p.  694, 

§  S7 ;  c.  Tim,  p.  709,  §  30) ;  as  long  as  this  law 

wu  observed,  the  democracy  was  one  of  the  kind 

is  which  (as  Aristotle,  Pol,  vi.  [iv.  B.],  4, 3,  says) 

Kvpai  ^  A  i'4f^<9  ^^^*  ^  ▼^  rk^os :  but  later 

<B  thisss  dianged :  «^ior  ^p  rh  irX^^or,  &AX' 

wx  6  fifios, — a  change  brought  about  Srav  rk 

ini^fueru  K6pia  j  A\A&  fiii  6  p6fioSf  ffvftfialvu 

U  roSro  9tk  ro^  iniuPfAyovs  (cf.  Deioi^.  c.  Lept, 

^  485,  S  92,  r^m^uTfiikrt^p  9*  oW  Sriow  8ia- 

^pe99ar  ol  p6funz   Xen.  Hellen,  i,  7,  12,  vb  9i 

*\rifi9t  i$6a  Scurbf  fTyat  ct  /a^  rit  idati  rhv 

Hftar  9pirr€tp  t  ftr  /SoiiXiyTai :  [Dem.]  c.  Neaer. 

p- 1375,  §  88,  A  yitp  9rjfun  6  *A9i}i<a/o»y  Kvpt^ 

forof  Arrdr  iw  rp  w6Kit  kwdrrtty  Kti*  4^hp  avr^ 

tMtr  S  ri  Ir  ^o^Aifroi,  etc  ;  Hermann,  Griech, 

SivihaU,  {  67,   n.   8).      like   other  despotic 

^rereigns,  the   Athenian   people    claimed   **a 

dispeasing  power  **  of  overriding  the  law  upon 

f<raiioa;  and  their  advisers,  the  professional 

<txteiittcn    and     orators,    were    as    such    the 

"weepers  of  the   royal  conscience,"  and  liable 

t<  ««Tere  punishment  if  their  master's  conscience 

^Bseqaently  reproached    him   with   what    he 

t»d  done  at  their  bidding  (Dem.  c.  Androt  et 

Tim,  ed.  Wayte,  Introd.  p,  xxxiv.).    The  same 

Athenians  who  declared  it  intolerable  that  the 

F^ple  should  not  be  allowed  to  do  as  it  pleased 

thtm,  repented  soon  of  their  decree  and  directed 

>  prosecution   of   those   who  had    advised  it. 

However,  proposing  decrees  paid  the  ^opts 

v«n  and  was  worth  some  risk:   Demosthenes 

^1  Demades  are  said  to  have  made  more  than 

^'  t-ileots  each  &«*  akrmp  rup  ip  tf  v^Ae t  tfny^i<r- 

ttT«r  «dTfM(ciri£r  (Hyper,  c  Dem,  col.  23 :  cf. 

Iteireh.  c  Drm,  §  41  ff.>    [C.  R.  K.]    [H.  H.] 

KOXAE.     [CALEHDARlili.] 

NORMA  (ymwltt.  Plat.  PhM,  p.  51  C; 
^^S«w,  Arist.  Categ.  14),  a  square,  used  by 
*^n*ittcn,  masons,  and  other  artificers,  to  make 
*^ir  vork  rectangular  (Vitruv.  vii.  3 ;  Plin. 
*  S.  xxxvi.  f  172>  It  was  made  by  taking 
^««e  flat  wooden  rulers  [Requla]  of  equal 


NOTAE 


243 


thickness,  one  of  them  being  2  feet  10  inches 
long,  the  others  (called  anoones,  Vitruv.  viii.  6) 
each  2  feet  long,  and  joining  them  together  by 
their  extremities  so  as  to  assume  the  form  of  a 
right«angled  triangle.  (Isid.  Orig.  xix.  18.) 
This  method,  though  only  a  close  approximation, 
must  have  been  quite  sufficient  for  all  common 
purposes.  For  the  sake  of  convenience,  the 
longest  side,  i.e,  the  hypotenuse  of  the  triangle, 
was  discarded,  and  the  instrument  then  assumed 
the  form  in  which  it  is  exhibited  among  other 
tools  in  woodcut  at  Vol.  I.  p.  429.  A  square  of 
a  still  more  simple  fashion,  made  by  merely 
cutting  a  rectangular  piece  out  of  a  board,  is 
shown  on  another  sepulchral  monument^  found 
at  Rome  and  published  by  Gruter  (p.  229),  and 
copied  in  the  woodcut  which  is  here  introduced. 


IN5rRVMEM.T,ABR  .TIGNAR, 


Nonna.    (Gruter.) 

The  square  was  used  in  making  the  semicircular 
striae  of  Ionic  columns  [ColumnaI,  a  method 
founded  on  the  proportion  in  EucHd,  that  the 
angle  contained  in  a  semicircle  is  a  right  angle 
(Vitruv.  iii.  5,  §  14). 

From  the  use  of  this  instrument  a  right 
angle  was  also  called  a  normal  angle.  (Quintil. 
xi.  3,  p.  446,  ed.  Spalding.)  Any  thing  mis> 
shapen  was  called  abnormis,    (Hor.  Sat.  ii.  2,  3.) 

A  rather  more  elaborate  norma  made  of  iron, 
is  preserved  in  the  Museum  at  Zurich.  It  has 
another  leg  added  at  right  angles  to  the  long 
side  of  the  triangle  at  one  end  of  it,  so  that  angles 
of  45^,  90^,  and  ISd^^'  can  be  measured.  (Bltim- 
ner,  TecAnol,,  ii.  p.  236.)    [J.  Y.]    [G.  E.  M.] 

NOTA  CENSO'RIA.    [Cewsdb.] 

NOTAE  (<nifuta)  in  a  technical  sense  means 
those  signs  and  abbreviations  which  were  used 
(1)  for  secret  writing,  cipher;  (2)  for  rapid 
writing,  i.e.  shorthand  or  stenography. 

1.  We  have  frequent  mention  of  the  use  of 
cipher,  for  despatches  or  letters  of  an  important 
or  compromising  nature,  at  the  end  of  the 
Republican  period.  Thus  of  Caesar*s  correspon- 
dence with  Oppius  and  Balbus  we  are  told  by 
Gallus  that  there  were  *'  litterae  singulariae  sine 
coagmentis  syllabarum :  erat  autem  conventum 
inter  eos  (the  writer  and  his  correspondents) 
clandestinum  de  commutando  situ  litterarum.*' 
The  cipher  used  by  Caesar  was,  according  to 

B  2 


244 


NOTAE 


NOTAE 


Saetonius  (/u/.  56),  a  simple  one,  and  consisted 
in  making  D  stand  for  A,  E  for  B,  and  so  on 
through  the  alphabet,  *'  si  qua  occultius  perfer- 
enda  essent."  The  cipher  used  by  Augustus  was 
on  the  same  principle.  (Suet.  Aug.  88 ;  Becker- 
Gttll,  GaUus,  i.  62.)  Whether  the  words  9i^ 
ayifitwy  in  Cic.  ad  Att.  xiii.  32  mean,  in  cipher, 
or  simply  with  abbreviations  of  words  isigld), 
or  in  shorthand,  is  uncertain.  The  letter  to 
.  which  he  refers  (xiii.  30)  does  not  seem  to  be 
one  which  particularly  requires  secrecy,  but 
it  is  quite  possible  that  he  may  have  sent  it  in 
cipher  :  on  the  other  hand,  he  may,  though  less 
probably,  have  sent  Atticus  the  copy  taken  down 
in  shorthand  from  his  dictation.  However  that 
may  be,  we  may  feel  tolerably  certain  that  in 
Cicero's  correspondence  cipher  was  used  at 
least  as  frequently  as  in  Caesar *s. 

2.  The  whole  system  of  signs  for  numeration 
[see  Loqistica]  is  no  doubt  essentially  steno- 
graphy ;  but  it  existed  quite  apart  from,  and 
probably  was  much  anterior  to,  the  art  of 
shorthand  writing  which  is  usually  expressed 
by  that  word :  the  same  may  be  said  of  signs  or 
letters  for  money  value,  weights,  coins,  &c., 
which,  like  the  signs  for  numeration,  arose  from 
consideration  of  economy  in  space,  rather  than 
from  any  necessity  for  rapid  writing.  Such  a 
necessity  was  the  origin  of  the  Notaa  Uronianae 
(called  also  Notae  Tironit  et  Senecae),  which  we 
may  take  as  the  representative  of  ancient 
shorthand  writing. 

As  to  the  history  of  this  art,  it  is  impossible 
to  say  with    cei*tainty  whether    the   Romans 
originated  their  own  shorthand  and  communi- 
cated it  to  the  Greeks,  or  whether  the  Greeks 
had  it   iirst.     The  idea  of  its  earlier  use  in 
Greece   is    started   by  a   passage   of    Diogenes 
I.Aertius  (ii.  48),  which  states  that  Xenophon 
took  down  lectures  6iro<nifx€ii»irdfi€yos  rk  \ty6» 
fittfcu     It  is  quite  possible  that  this  may,  as 
some  think,  mean  that  he  wrote  in  shorthand ; 
but,  in  the  absence  of  other  mention  of  the  art 
at  that  time,  we  should  prefer  to  understand  it 
merely  of  ordinary  note-taking.     We  have  not 
in  fact  any  direct  mention  of  its  use  among 
Greeks  or  Romans  before  the  time  of  Cicero. 
(For  a  much  earlier  use  in  Asia,  some  adduce 
the  "ready  writer"  in  Psalm  xlv.,  in  which 
sense  the   LXX.   translator  possibly  took    it, 
when  he  rendered  it  6^vypd<pos.)    The  use  of 
shorthand  at  Rome  may  have  been  developed 
from  cipher-writing,    or  more  probably  from 
the  frequent  use  of  abbreviations,  such  as  S.  C, 
•&C.     Of  its   use  by'  Cicero  we  have  abundant 
record.    Plutarch  (Cato  Mm,  23)  tells  us  that 
the  speech  on   the   punishment   of  the   Cati- 
linarians  was  the  only  speech  of  Cato  that  was 
preserved,  and  that  this  was  owing  to  Cicero, 
"who  had  previously  instructed  those   clerks 
who  surpassed  the  rest  in  quick  writing,  how  to 
use  certain  signs  ((nffic7a)  which  in  small  and 
brief  characters  (rvrois)  comprehended  the  force 
of  manv  letters,  and  had  placed  them  in  many 
parts  of  the  senate-house.     For  the  Romans  at 
that  time  were  not  used  to  employ,  nor  did  they 
possess,  what  are  called  shorthand  writers  (trii/uci- 
oypd^t)^  but  it  was  on  this  occasion,  as  they 
say,  that  they  first  conceived  the  idea."     Dio 
Cnsstus  (Iv.  7)  ascribes  the  invention  to  Maecenas, 
which  probably  means  merely  that  he,  or  his 
secretaries,    made    considerable    additions    and 


I  improvements,     and      this     is     exactly       the 
account  which  Isidore  gives  in  the    Tth    cen- 
tury, derived,  as    it    seems,   from    Suetonius. 
He  ascribes  the  invention  of  the  shorthand    in 
general  use  {vuigarei  notae)  to  Ennius,  who  vued 
1100  signs:  for  taking  down  public  speeches  or 
the  proceedings  in  law-courts,  there  was  also  a 
division  of  labour  among  several  lArarii  (  =  no- 
tarii),  who  took  different  portions.     He  say  a  that 
Tiro  had  first  used  notae  at  Rome,  '^sed  tantum 
praepositionum : '*  if  that  is  correct,  we  must 
suppose    that    the   actual    shorthand    of    Tiro 
consisted  of  abbreviations  (9igla)f  with  arbitrary 
signs  only  for  particles  of  frequent  occurrence  : 
he  goes  on  to  say  that  additional  aigns   were 
added  in  succession  by  Vipsanius,  Philar^jrus 
and  Aquila,  the  freedman  of  Maecenaa,  till   at 
length  Seneca  reduced  the  whole  to  a  regular 
system  and  increased  the  number  of  signs   to 
5,000.    As  regards  the  Ennius  here  mentioned, 
whom  many  writers  have  taken  to  be  the  po<rt 
(whence  they  make  Isidore  assert  a  much  earlier 
date  to  Roman  stenography),  there  can  be  little 
doubt  that  he  was  the  grammarian  Ennius  of 
the  Augustan  period  (see  Suet,  de  Granunat.  1  ; 
Teuffel,  H%9t.  of  Bom.  Lit,  §  178,  4).     Indeed 
the  context  shows  clearly  enough  that  laidore 
speaks  of  Ennius  as  improving  on  something  which 
existed  in  a  smaller  shape   in  Cicero's    time. 
From  Cicero's  account  of  Tiro  (ad  Faun,  xti.  4, 
&C. ;  cf.  Qell.  vi.  3,  8)  it  is  extremely  probable 
that  the  real  labour  of  the  work  was  hia,  ntrt 
Cicero's,  and  that  the  title  **  notae  'Hrottianae  " 
is  just :  but  the  addition  **et  Senecae  "  seen&s  to 
be  rejected  by  Seneca  himself,  who  says^  **  quid 
loqnar  verborum  notas,  quibus  auamris    citata 
excipitur  oratio  et  celeritatem   linguae  tnanos 
sequitur?  vilissimomm  mancipiorum  ista  com- 
ments sunt."     The  arrangement  and  additions 
were,  however,  probably  effected  by  him  through 
his  notarH, 

From  this  time  its  use  spread.    It  aerred  not 
only  for  taking  down  public  speeches  (aa    in 
Plutarch,  /.  c),  but  also  for  the  use  of  students 
in  the  lecture-room  (Quint.  Imt,  proem.  7X  and 
for  any  writing  from  dictation,  ejg.  for  the  rough 
draft  of  wilb :    **  Silius   notario   testament  nm 
ecribendum  notia  dictavit,  et  priusquam  litteris  i 
perscriberetur    (the    full    text   for  signature) 
defunct  us  est "  (Dig.  29,  1,  40).    The  same  dis*  ' 
tinction  between  notae  and  peracriptio  mmj  be  | 
seen  in  the  fragment  of  Valerius  F^bos  about  i 
cipher-writing,  ^^est  etiam  circa  perscribetKlas 
vef  paucioribus  litteris  notandas  voces  studium 
necessarium."     It  was  taught  in  schoob :    see 
Prudent.  Tl€p\  Xr^pdiwr,  9. 

*'  Praefaenft  stadlls  puerllfbus  et  grege  molto 
Saeptus  msgister  litterarom  sedentt 
Verba  notis  brevibus  comprendere  cuncta  peritos, 
Raptimque  punctis  dlcU  pimepetibns  scquL** 

So  Fulgentius  {Myihd.  iii.  10)  divides  the; 
writing  lesson  into  the  ab&sedaria  or  regular! 
alphabet,  and  the  notaria.  Many  Romans  kept 
slaves  trained  for  the  purpose  [Notarii],  and 
Suetonius  tells  us  that  Titus,  who  prided  himself 
on  his  skill  in  writing,  and  said  that  he  was  a 
'*  forger  spoilt,"  used  to  race  his  secretaries  in 
shorthand  writing  (Suet.  Itt,  3).  The  use  was 
still  further  developed  among  the  Christians  for 
taking  down  sermons,  episcopal  addresses,  &c. ; 
and,  if  it  was  not  as  old  as  Xenophon  in  Greece, 


NOTAE 


NOVELLAS 


245 


it  was  at  any  rate  widely  employed  in  early 
(.liristian  times.  The  extant  examples  of  Greek 
fLortiund  writing  are  considered  to  date  only 
frvm  the  10th  century  (see  the  article  Palaeo- 
^pbj  in  EncycU^  Brii»\  but  we  can  have  no 
Joabt  that  if  the  art  was  origiuated  at  Rome  it 
wu  Dot  much  later  in  reaching  Greece.  As  to 
OS  general  use  in  Christian  synods,  St.  Augustine 
{Ep,  141)  says  that  eight  fwtarii  in  relays  of  two 
tt  »  time  followed  the  speeches  of  bishops 
assembled  at  Carthage:  and  we  are  told  by 
Trithemios  (abbot  of  Wurtzbnrg  in  1506  A.D.) 
Ust  St.  Cyprian  added  to  the  original  Tironian 
notes.  The  words  are  worth  quoting,  since  the 
learning  and  research  of  the  writer  make  it 
Uelj  that  his  account  of  the  development  of  the 
BtfUe  is  correct:  "M.  TuUins  Cicero  librum 
Kiipsit  notarum  quern  Sanctus  Cyprianus  multis 
«t  notis  et  dictionibus  ampliavit,*  adjiciens 
Tocabala  Cbristianomm  usibus  neoessaria  ut 
c{fiu  ipsoro  fieret  non  solum  utile  paganis  sed 
molto  magis  etiam  fidelibus."  The  notae  fell 
•Pl^reotly  into  disuse  for  a  considerable  time, 
lat  were  reTiTed  under  the  Carlovingian 
drnsftT  and  used  in  Capitularies,  &c.  The  MSS. 
written  in  the  ** Tironian"  character  long 
remaned  incomprehensible,  till  Charpentier 
di:dphered  them  and  published  an  account  of 
iaem  in  1747. 

As  to  the  ancient  system  itself,  w«  have  some 
ctatemporary  description  from  the  passage  of 
Phtuth  dted  above  {Cat,  Min,  23),  who  tells 
u  clearly  that  arbitrary  signs,  not  merely 
abbreriatioDs  or  Bi'jlctf  were  used.  Compare 
lUnilins  ir.  197 : 

'  IBe  A  Bcrlptor  erH  velox,  col  litters  verbom  est. 
<jaiqtie  notis  Mngnam  superat,  conimqae  loquentis 
^pin  loQKss  nora  per  compendia  voces." 

Aeon.  Epigr,  146 : 

"  Old  moHa  fiuidi  oopla 
PuDcUs  peracto  singulis 
Ut  voA  vox  afaeolvitar." 

From  the  passage  of  Seneca  quoted  above,  and 
n^«i  Mart.  xiv.  208,  we  can  merely  gather  that 
tbe  ^ter  could  keep  pace  with  the  speaker. 
It  if  impossible  to  say  how  far  what  we  possess 
^r  the  name  of  natae  Tirvnianae  reproduces 
^  system  osed  in  the  Augustan  age.  Common 
•ease  would  suggest  what  Trithemius  states  to 
^  tb«  fact,  that  great  additions  were  made  at 
▼vigua  times ;  and  the  view  which  he  gives  may 
^h  be  accepted,  that  the  system  of  Tiro  was 
iDBch  the  same  in  its  general  outlines  as  that 
vbi(h  is  still  extant  under  his  name,  though  far 
^<»  foil  and  elaborate.  The  system  consists 
^°*^J  (1)  in  using  an  alphabet  more  or  less 
^'^  on  the  Boman  letters  which  can  be  so 
Ko<iified  as  to  facilitate  the  junction  of  letters. 

(^)  In  representing  terminations  by  arbitrary 
H^  raeh  as  B.  for  6am,  .B  for  bant  (or,  instead 
« tbe  regular  letters,  new  characters  similarly 

^^tiplied  by  the  variation  of  the  point).     To 

^  tbe  **  punctis  "  in  the  passages  of  Ausonius 

^  Prodentius  refer. 
(3)  In  employing  all  sorts  of  abbreviations 

(inia)  independently   of   the    character   used. 

(ti.  ''nu  littera  verbum  est "  above.) 
(^)  In   adopting   arbitrary    signs,   such    as 

>ntbcmina  desciil^,   for  words    in    common 

^*   With  this  correspond  the  riwot  ToAA«y 


ypaftfidrw  Ix<"^a  Bvva/uv  of  Plutarch  and  the 
**  nova  compendia  "  of  Manilius. 

For  further  information  on  the  subject,  see 
Kopp,  Palaeographica  CriticOj  vol.  1. ;  Kuess, 
TachygrapJiie;  and  especially  Jules  Tardifi', 
M^,  8vur  Not.  Tiron.,  Acad,  des  Inscfiptionsy 
s^r.  2,  vol.  iii.  1852,  who  all  give  tables  of  the 
alphabet  and  examples  of  the  writing  as  it  has 
come  down  to  us.  [W.  S.]    [G.  E.  M.] 

NOTA'RII,  shorthand  writers,  were  slaves  or 
freedmen  (see  preceding  article)  whom  wealthy 
Romans  kept  in  their  service  and  often  took 
about  with  them  on  their  travels  (Plin.  Up.  iii. 
5,  ix.  36 ;  Mart.  x.  62).  They  were  employed 
for  taking  notes  in  the  law-courts  (Mart.  v.  51, 
&c.),  and  were  sometimes  called  actuarii  (Suet. 
J%U.  55).  They  were  also  employed  by  the 
emperors  (Lamprid.  Alex.  Set,  28,  AureL  36; 
Trebell.  Claud.  14),  and  in  course  of  time  the 
title  of  notarii  was  exclusively  applied  to  the 
private  secretaries  of  the  emperors,  who,  of 
course,  were  no  longer  slaves,  but  persons  of  high 
rank.  The  shorthand  writers  were  now  called 
exceptoreM,  On  the  re-organisation  of  the 
empire  by  Constantine,  the  notarii  were  consti- 
tuted into  a  kind  of  imperial  chancery,  who,  in 
addition  to  their  regular  duties,  were  frequently 
employed  by  the  emperor  on  important  public 
missions.  The  first  of  them  in  rank  was  called 
Primicerius  Notariorum,  and  the  second,  &cttn- 
dicerius  Notariorum.  Others  were  called  trUnmi 
et  fwturiiy  and  another  class  domeatici  et  notarii, 
who  probably  acted  specially  as  private  secre- 
taries of  the  emperors.  Others  again  who  served 
under  the  Praefecti  Praetorii  were  called  Notarii 
Praetorumi  (Cod.  Theod.  6,  tit.  10;  Cassiod. 
Var.  vi.  16 ;  Pauly,  Real  Encycl.  s.  v. ;  Becker- 
Gtfll,  (?a//tis,  i.  62  ;  WalUr,  GeacK  des  tihnitchen 
iZflcAfe,  §  345,  2nd  ed.)        [W.  S.]    [G.E.M.] 

NO  V  A'L  K.    [Aratrum.] 

NOVA'TIO.    IObligationes.] 

NOVELLAE  or  NOVELLAB  C0N8TI- 
TUTI0NE8  (i^cofxil  iiard^tis)  are  the  discon- 
nected enactments  of  Roman  emperors  following 
upon  a  codiiication  of  the  existing  legislation. 
The  first  such  codification  was  that  effected 
A.D.  439  by  Theodosius  11.  [CODEX  Theodo- 
aiANUs],  and  the  first  l^ovellae  were  those  issued 
by  Theodosius  himself  nine  years  later,  and 
confirmed  for  the  Western  Empire  by  Valen- 
tinian  111.  A.D.  448.  Similarly  Theodosius' 
successor,  Marcian,  made  Novellae  in  co-opera- 
tion with  the  Western  emperor,  and  the  same 
was  done  by  Leo,  but  after  him  the  legislation 
of  the  two  empires  was  distinct,  and  none  of  the 
Western  enactments  seem  to  have  possessed 
validity  in  the  East.  Several  collections  of  the 
Novellae  of  Theodosius  and  his  successors  on  the 
throne  of  Constantinople  were  made  at  unknown 
times  and  by  unknown  authors,  and  they  have 
been  edited  by  Haenel  (1 844):  such  of  them  as  are 
of  any  importance  for  the  modem  civil  law  were 
of  course  incorporated  in  the  Code  of  Justinian, 
and  so  lost  the  character  of  Novellae. 

The  Novellae  Constitutiones  of  Justinian  were 
his  enactments  subsequent  to  the  publication  of 
his  second  Codex,  A.D.  534,  and  form  a  portion 
of  the  Corpus  Juris  Civilis.  The  first  was  issued 
on  Jan.  1  in  A.D.  535,  and  related  to  testamen- 
tary law :  it  was  followed  in  the  next  thirty 
years  (Justinian  dying  A.D.  565)  by  over  160 
others,  though  far  the   greater  number  were 


246 


NOYENDIALE 


NOXALIS  ACTIO 


unned  before  Tribonian's  death  in  a.d.  545. 
Many  consul  of  but  one  short  chapter,  but  some 
of  from  forty  to  fifty:  most  concern  ecclesias> 
tical  and  administrative  matters,  but  some  are 
of  great  importance  in  relation  to  private  law, 
effecting  sweeping  reforms  in  the  rules  of  the 
family,  and  still  more  of  inheritance.  As  a  rule 
they  are  in  Qreeic,  but  fifteen  are  in  l^tin  and 
three  in  both  languages :  in  this  last  case  it 
was  ordered  that  the  Latin  version,  that  being 
the  official  tongue,  should  be  considered  the 
authentic  one.  Justinian  himself  contemplated 
making  a  special  and  separate  collection  of  his 
Novellae  (Const,  cordi,  §  4),  but  we  know  that 
this  was  never  done  from  a  contemporary  of  his 
own,  Johannes  Scholasticus  (from  A.O.  557 
Patriarch  of  Constantinople),  who  speaks  of 
them  as  existing  tnropaBriv.  Three  private 
collections  have  come  down  to  us:  (1.)  The 
Epitome  Juliani,  a  Latin  condensation  of  125 
Novellae  made  by  Jnlianus,  a  professor  in  Con- 
stantinople, A.D.  556.  (2.)  The  Anthenticam 
or  Liher  Authenticorum,  a  collection  of  134 
Novellae,  all  in  Latin,  of  unknown  origin,  largely 
circulated  in  Italy  in  the  twelfth  century :  their 
genuineness  was  at  first  denied  by  Truerius,  but 
he  subsequently  retracted  his  opinion,  and  this 
collection  was  considered  by  the  glossators  as 
having  the  force  of  law.  (3.)  A  collection  of 
168  Novellae  in  Greek,  some  of  which  however 
are  in  duplicate  and  others  were  enacted  by 
various  successors  of  Justinian;  only  153  are 
Justinian's  own.  This  was  first  published  in 
Germany  by  Haloander  in  1531.  Besides  these, 
there  are  other  Novellae  of  uncertain  origin  and 
force,  including  the  thirteen  so-called  "  £dicta 
Justiniani." 

The  most  complete  work  on  the  history  of  the 
Novellae  is  by  Biener,  QeKhichte  der  Novellen 
JustimanSf  Berlin,  1824:  cf.  also  Beitrag  zur 
Litterar-Oeachidite  des  N<tv^len-Auszvtgs  wm 
Jviian ;  Yon  Haubold,  Zeitachrift,  vol.  iv. ;  and 
an  excellent  account  of  the  history  of  the  various 
collections  and  editions  of  them  in  Puchta's 
Institutwneny  vol.  i.  §  147.  [J.  B.  M.] 

NOVBNDIA'LE.    [Sacrum;  Funus.] 
NOVI HCMINES.    [Nobiles.] 
NOVI  OTERIS  NUNTIATIO.    [Opbris 

NOVI  NUMTIATIO.] 

NOXA.    [NoxALis  Acno.] 

NOXA'LIS  ACTIO.  Those  actions  were 
'*  nozal "  which  were  brought  on  the  delict  (e.g. 
theft,  assault,  damage  to  property)  or  quasi- 
delict  of  a  slave  or  child  in  power,  or  on  damage 
done  by  an  animal,  against  the  master,  pater- 
familias, or  owner.  Primarily  they  claimed 
damages  for  the  wrong,  but  the  defendant  could 
escape  the  pecuniary  loss,  if  he  preferred  it,  by 
surrendering  {noxae  dedere)  the  guilty  body  to 
the  plaintitT:  and  from  noxa  (meaning  that 
guilty  body)  the  name  of  the  action  was  (accord- 
ing to  Justinian,  Inst.  iv.  8,  1)  derived,  though 
by  other  writers  noxa  is  used  to  express  the 
wrong  itself  (e,g.  Liv.  xxi.  30)  or  the  punishment 
(e.g.  Servius).  No  action  properly  Jay  against 
the  dependent  wrong-doer  himself  under  the 
older  law ;  but  the  remedy  against  the  dominus 
or  paterfamilias  was  the  ordinary  action  on  the 
delict,  or  quasi-delict,  to  which  the  edict  or 
statute  (Inst.  iv.  8,  4 ;  Dig.  9,  4,  2,  1 ;  47,  1,  1, 
2)  gave  the  *'  noxal  *'  character  by  permitting 
the  defendant  to  escape  damages  by  surrendering 


the  delinquent  to  the  plaintiff:  ''Namque  erat 
iniquum  "  (says  Justinian)  **  nequitiam  eorum 
ultra  ipsorum  corpora  dominis  damnosam  «sse.** 
The  true  significance  of  the  legal  principle 
involved  is  admirably  expounded  in  Mr.  O.  W. 
Holmes'  Common  Law,  chap.  i.  In  practical 
effect,  though  not  in  form,  noxal  actions  were 
arbitrariae  [ACTio] ;  the  defendant,  if  the  judge 
pronounced  against  him,  being  condemned  in 
the  alternative,  either  to  pay  the  damages 
assessed,  or  to  give  up  the  delinquent :  **  praetor 
ait .  .  .  si  servus  insciente  domino  fecisse  dioetur, 
in  judicio  adiciam  aut  noxam  dedere  "  (Dig.  9, 
3,  1,  pr.). 

It  would  seem  from  IwL  ir.  8,  7,  that 
daughters  were  originally  as  liable  to  noxal 
surrender  by  their  paterfamilias  as  sons  in 
power,  but  that  so  fisr  as  they  were  concerned 
the  usage  had  gone  out  in  the  time  of  the 
classical  jurists,  for  Gains  (iv.  74,  79)  speaks  of 
the  deditio  of  filiifamilias  and  slaves  only.  By 
the  age  of  Justinian  even  the  fisther's  right  of 
surrendering  sons  in  his  power  in  this  manner 
had  ceased  to  be  exercised,  and  he  expreatiy  took 
it  away,  directing  that  children  in  power  ahould 
be  suable  in  person  for  their  own  delicta,  the 
damages  being  paid  out  of  their  peculiom.  The 
master's  right,  however,  of  evading  damages 
by  noxal  surrender  of  his  slave  was  explicitly 
retained  in  his  legislation.  It  woald  seem  that 
the  property  in  the  slave  was  transferred  by 
decree  of  the  praetor :  sons  had  been  conveyed 
by  mancipation,  and  stood  in  mancipio  to  the 
surrenderee  (Gains,  iv.  79X  but  could  demand 
their  release  as  a  matter  of  right  as  soon  aa  by 
the  result  of  their  labour  or  otherwise  they 
contrived  to  pay  the  damages  assessed  in  the 
action  (Papinian,  Coll.  2,  3).  This  principle,  as 
Justinian  remarks  in  Inst.  iv.  8,  3,  was  extended 
to  the  case  of  surrendered  slaves.  For  the 
deditio  of  animals  in  a  noxal  action,  see 
Paupebies. 

A  leading  rule  in  all  such  cases  was  '*  noxalis 
actio  caput  sequitur,"  which  apparently  became 
a  proverb.    The  action  followed  the  noxa,  and 
had  to  be  brought  against  the  person  under 
whose  lawful  control  he  or  it  was,  not  at  the 
commission  of  the  wrong,  but  at  the  commence- 
ment of  legal  proceedings.    Thos,  if  A's  alare 
stole  a  purse,  and  then  was  sold  to  B,  B  was 
the   proper  defendant;   and  if  the  delinqnent 
were  manumitted,  he  could  be  sued  in  person  bj 
direct,  not  noxal  action.     Similarly,  if  a  free 
man  did  the  wrong,  and  then  became  a  slare, 
the  remedy  was  against  his  master ;  and  on  the 
same   principle,   if  the  slave  died   before   the 
action  had  reached  the  stage  of  lUia  eonttttatio^ 
the  master's  liability  terminated,  even  though 
his  death  was  not  known  (Dig.  9,  4,  39,  4).     A 
master  had  no  remedy  by  action  if  a  delict  were 
committed  against  him  by  a  slave  of  his  own, 
even  though  the  latter  were   manumitted    or 
alienated  (Inst,  iv.  8,  6) ;  and  if  A's  slave  stole 
from  B,  and  then  became  B's  property,  B's  right 
of  action  was  absolutely  lost  (as  the  law  was 
settled    by  Justinian),  though    the   Procnliiin 
School  of  jurists  had  maintained   that  it  was 
only  suspended,  recovering  its  vitality  so  soon 
as  his  ownership  over  the  delinquent  determined 
(Gains,  iv.  78).     It  has  been  conjectured  that 
noxal  actions  were  originally  the  expression  of 
an  absolute  claim  to  have  the  offender  delivered 


NUCES 


NUCES 


247 


Qp  for  the  ezeTdae  of  private  vengeance,  whether 
ta  o&nce  were  delictaal  or  merely  breach  of 
occtract  The  surrender  of  Postumias  to  the 
SiBoites  by  the  Bomans  with  all  the  forms  of 
sk^ie  deditio  (lir.  iz.  10)  was  made  as  atone- 
ctnt  for  non-obaervanoe  of  the  treaty  which  he 
isii  cDOclnded  with  them,  and  from  which  the 
PdtmaBs  wished  to  release  themselves — "lit 
pepdns  religione  solvatar."  Under  Roman 
aanicipal  law  non-fulfilment  of  a  promise  made 
i'j  spo&sio  entailed  in  the  end  quasi-slavery 
[Maxcs  IirjBCTio],  and  the  idea  was  consistently 
applied  by  them  m  international  relations.  See 
}lr.  Hohnes*  work  already  referred  to,  pp.  8-12, 
aaj  cf.  Ihering,  Oeist  dies  rdmischen  Rechts,  i. 
p.  151. 

The  chief  original  authorities  for  noxae  deditio 
XK  Gains,  iv.  74-79 ;  Paul  us,  Sent  rec,  ii.  31, 
:-9 :— Dig.  2,  9 ;  9,  4 ;— Cod.  3,  41 ;  Intt,  iv. 
i  lad  9.  [J.  B.  M.] 

XUCE8.    It  seems  most  convenient  to  in- 

cla-ie  under  this  head  several  Greek  and  Roman 

lames  of  skill,  which  were  played  with  nuts, 

tkagh   frequently     (and     indeed    usually    in 

Oreeoe)  missiles  of  other  material  were  used, 

sQcik  as  pebbles,  shells,  knuckle-bones  {iuffrpir 

7«\ot,  taU\  or,  in  some  cases,  coins.    The  love 

of  the  Roman  boy  for  these  amusements  makes 

tb«  phn«e  mices  relinquere  =  **  to  pass  out  of 

childhood"  (Ptere.  i.  10;  cf.  Catull.  71,  131). 

Five  of  these  games  (we  cannot  think  Marquardt 

rght  in  making  out  six)  are  given  in  the  poem 

>'iLr,  ascribed  to  Ovid,  and,  according  to  Teuffel, 

ts?  work  of  some  writer  not  much  later  than 

Ond.    It  will  be  seen  that  very  similar  Greek 

pmcft  are  mentioned  by  Pollux  and  others.    It 

11  userted  by  some  sdiolars  that  marked  nuces 

vtn  used  in  the  same  way  as  dice  by  those  who 

«eld  not  aiTord  iaU  or  tetserae.     Considering 

tbt,  even  if  the  trifling  cost  of  these  was  too 

Snat,  pieces  of  wood  would  make  much  better 

<lice  than  the    awkwardly  rounded  nut,  this 

•Niu  antecedently  improbable,  and  the  passages 

•diwxd  frem  I^tin  writers  do  not  really  support 

t^  contention.      It  is  true  that    if  ooeliatia 

i"Kdw  is  read  in  Suet.  Aug.  83  (see  below),  the 

obrions  sense  will  be,  nuts  marked  with  dots, 

pt«siunably  as  dice,  but  that  is  not  a  reading  of 

Authority.     As  regards  the    passages    mainly 

Rlicd  upon,  in  Mart.  iv.  76,  **  Alea  sed  parcae 

mU  focre  nucea,**  the  meaning  is  that  nuts  are 

^  only  property  staked  and  lost,  because  he 

pUrcd  only  in  the   games  of  nuoea  described 

Ulcv  and  Hoi  at  dice :  if  he  could  have  used 

*9ca  for  dicing,  the  whole  point  would  be  lost. 

la  Mart.  V.  84,  the  nuoea  in  the  first  line  are  one 

v&uemeat,  the  fritUhte  in  the  third  are  another 

Sid  a  different  one ;  and  the  case  is  the  same  in 

)lvt.  xiiL  1,  7.    The  nuts  themselves  were  won 

^  lost  in  the  games  just  as  marbles  are  in 

childrea'i  games  of  the  present  day,  but  there 

^  Bd  rcasen  to  think  that  numbers  could  be 

^«a  as  with  a  gambler's  dice,  or  that  they 

vtr«  thrown  from  a  dice-box:   except  in  the 

^eof|Mr  onpor,  the  games  with  fitters  were 

*ft»U  of  skill,  not  of  chance. 

1-  The  simplest  game  of  skill  played  with 
^^^  materials  con^sted  in  pitching  the  nuts 
('-'.  M  Pollox  gives  it,  aetragali  or  acorns)  into 
^  ^Ic,  from  which  the  playen  stood  at  some 
^ataace  (-spatio  distante,"  Nux,  85).  The 
u\ul  Utia  name  for  this  game  was  probably 


oroa,  so  called  because  the  nuts  were  pitched 
into  a  narrow-mouthed  jar  which  the  author  of 
Nux  calls**  vas  cavum,"  Perains  (iii.  50)  *'orca": 
some  indeed  assert  that  Penius  in  this  passage 
(where  there  is  no  direct  mention  of  nucea)  is 
using  orca  to  mean  dice-box.     We  think  this 
lesH  probable ;  Penius  has  finished  the  subject 
of  dice   in   the    two    preceding   lines,  he  now 
speaks  of  nucea,  and  of  tops  in  line  51.     In  this 
game  the  Greeks    pitched    their  aatragali  not 
into  a  jar,  but  either  (a)  into  a  circle  drawn  on 
the   ground   called    6/AiAAa,  whence   the  game 
itself  was  called  cis  &fitX\ay  (Poll.  ix.  102)  and 
AfuWa  (Schol.  Plat.  p.  320,  Bk.),  for  Mnrquardt 
is,  we  think,  certainly  wrong  in  identifying  the 
AfiiWa  with  the  deita  mentioned  below :  or  (6) 
into  a  hole  dug  in  the  ground,  called  0Mpos 
(Poll.  ix.    103)  or  fioBvyoSf  whence  the  game, 
essentially  the  same  as  AfiuXKa,  was  call^  tls 
fi69upov  (Schol.  /.  c).     It  is  to  be  noted,  how- 
ever, that  Pollux  calls  this  form  of  the  game 
rp^Of  while  Hesychius  snys  of  rp^a  simply, 
that  it  is  a  game  jcod*  ^v  arp4tpotMn  robs  iterrpa- 
ydXovs    ffif  rh  trtpov  fi^poa.     The  explanation 
by  which  Becq  de  Fouqui^res  (p.  115)  attempts 
to  make  Hesychius  and  Pollux  describe  the  same 
game,  is  forced  and  unnatural,  nor  could  the 
words  tls  irtpov  /i4pos  bear  the  sense  which  he 
gives  them.     It  is  stated  by  Grasberger,  appa- 
rently on  good  authority,  that  in  Greece  at  this 
dav  the  same  game  is  called  rpovmif  rpinniy  or 
Acurira  (i.e.  a  Ao/ir),  and  it  is  ingeniously  sug- 
gested that  the  game  which  in  Pollux  we  find 
as  Toova  should  be  rpOwa.    We  may  offer  the 
further  suggestion  that  Hesychius  is  not  speak- 
ing of  any  game  at  all  similar,  but  by  rpiwa  is 
either  describing  what  Pollux  calls  trrptirrlvSa, 
which  comisted  in  throwing  a  shell  or  coin  or 
iiarpdiyaKos  in  such  a  way  as  to  turn  over  to 
the  reverse  side  a  shell,  coin,  &c.,  already  lying 
on  the  ground,  or  else  is  alluding  to  one  branch 
of  the  astragali  game  where  the  bones  are  to  be 
reversed  in  the    air    before    they  are  caught 
[Tau].      The    name    iferlvZa   (from    i^iri/ii) 
might  probably  be  applied  to  any  one  of  the 
variations  of  the  above-mentioned  game :  Pollux 
(ix.  117)  makes  it  the  same  as  4»fuAXa,  except 
that  it  is  played  with  shells.     It  is  clear  that  in 
all  these  games  the  nut  or  other  missile  which 
fell  outside  tlie  jar  or  hole  or  circle  was  for- 
feited. 

2.  Caatella. — In  Nux  73-76  there  is  a  game 
which  has  caused  some  difiiculty,  but  which  may 
be  explained  as  follows  : — ^Three  nuts  are  placed 
on  the  ground  with  a  fourth  resting  on  them,  so 
as  to  form  a  pyramid  :  (when  Pliny,  If.  N.  xix. 
§  112,  speaks  of  planting  bulbs  **  castellatim  " 
in  grumuii  or  heaps,  he  follows  this  meaning.) 
The  fint  player  aims  with  his  nut  so  as  to 
scatter  (dilarninare)  the  pyramid  (rcctaa),  and 
having  overthrown  this  he  has  at  most  two 
more  shots  (Insve  aemelve),  in  which  he  may  win 
all  fonr,  presumably  by  making  two  cannons, 
flipping  (digito)  his  nut  at  them  on  the  ground 
(pronaa).  If  we  read  reclua,  pronuay  which 
Becq  de  Fouquiftres  prefers,  the  sense  must  be 
that  he  takes  his  fint  shot  standing  (recttia\  his 
two  next  kneeling  (pronua)f  as  in  what  is  called 
**  knuckle-down "  at  marbles.  For  the  name 
caatella,  or  ludua  caatellorunij  we  have  Trebell. 
Poll.  Oallien,  16,  2,  **  de  pomis  castella  com-^ 
posuit."      In    the    passage   of  Suet.   Aug,  83, 


U8 


NUDIFEDALIA 


when  AngostDs  b  deicribed  lu  in  hii  old  age 
pUfing  "modo  tilii  aut  occllatis  Ducibrnqne," 
tamt  read  caiUllatii  nuciiua,  which  nould  mean 
ihe  RHine  nf  castella  as  deicribed  above.  Bj 
ocillali,  which  is  the  authoiilatire  reading,  Becq 
de  Funguitrea  undentands  agste  or  onji  marbles, 
And  DO  doubt  nucci  and  marbles  woald  be  plaj ed 
in  the  same  waj:  the  diclionariei  tranilate 
ctxilati  "  dk»,"  u  being  marked  with  don,  hot, 
if  so,  they  would  b*  coupled  with  iali  rather 
than  with  nuon.  Uarqunrdt  ii  ceitaiulT  wrong 
in  taking  linet  TS,  76  to  describe  a  leparalc 
game:  id  the  sequence  of  lines  the  words  oiler, 
eiiam,  quogue  obTiouily  nurk  the  tnuiitioD  to 
different  games:  nor  does  his  rendering  mak* 
utisbctory  sense,  and  he  confesses  that  he  find* 
line  74  nnintclligible. 

3.  A  ruiation  in  aiming  at  the  nnta  wai  in- 
troduced bf  lolling  the  miisile  down  a  sloping 
board ("tabolaeclinu,"  A'uj,  77),a*i»  shown  bj 
•  telief  in  the  Blnndell  Collection  (Rich,  s.  v. 
TiAata).  The  kneeling  boy  u  probably  arcnng- 
iDg  the  pyramid  for  a  shot. 

4.  Helta  (_Sux,  Bl-84).— This  game  was 
plaved  by  chalking  on  the  ground  a  triangle 
(wjiich  the  author  of  Nujr  compares  to  the 
Greek  letter  and  the  canstellatioa  named  after 
it).  This  triangle  is  dirided  by  bars  or  linea 
drawn  parallel  to  the  base  and  called  cirgae  (cf. 
Dir;;atiu="  striped "):  the  nut  ii  rolled  into 
the  triangle  and  the  player  nini  as  many  nuti 
as  he  crouc*  bars,  provided  he  does  not  roll  it 
out  of  the  triangle.  Obriouily  the  best  posnibla 
throw  is  to  pitch  the  nut  just  within  the  base 
line  and  make  it  stop  ju«t  within  the  spot :  it 
will  thus  in  iU  coune  have  touched  all  the 
parallel  bars,  and  will  win  an  equal  number  of 
nnts("qnot  tetigit  virgaa,  tot  rapit  indsnuces"). 
This  is,  in  the  main,  tbe  Tiew  of  Decq  de  Fou- 
quitres.  Darth,  rending  mrgo,  gives  a  strange 
eiplnnation,  imagining  a  blindfold  girl  groping 
for  nut*. 

5.  I'or  the  game  of  choDce,  odd  and  tven, 
commonly  played  with  nuts  (^ux,  79),  see  Pab 

(Becq  de  Fonqniires,  Jeax  dti  Ancient,  114-~ 
126;  Orasberger,  Enirhaaj,  i.  68  ff. ;  Mnr- 
quardt,  Pritatlebea,  839  f.)  [G.  E.  M.] 

NUDIPEDA'LIA.  This  name  was  given 
to  a  procession  of  barefooted  matron*,  at  an 
oiMCmliJ),  in  time  of  great  drought, "  cum  stDpet 
coelum  et  aret  annus  "  (Tertull.  de  Jejvn.  16; 
Apol.  40;  cf.  Petron.  Sal.  44).  The  magis- 
trates laid  aside  their  insignia,  the  (atces  were 

pie  of  Jupiter,  the  pontifieei  bearing  at  the  head 
of  the  procession  a  sacred  stone  called  the  lapit 
Hanalii,  from  the  temple  of  Mars  outside  the 
Porta  Capena.  (Non.  p.  547  ;  Fest.  pp.  2,  128  ; 
Uarqnardt,  Staatawra.  iii.  241.)        [O.  E.  M.] 

NUDUSCT»M«ii).  These  ivord^  besides  de- 
noting absolute  nakedness,  which  wu  to  be  ivtiii- 
^ix"^'  ■■>'  i^x''"''  (compare  Mosctiut,  ir.  98), 
were  applied  to  anyone  who.  being  without  an 
Amictub,  wors  only  his  tunic.  (Ariatoph. 
£cc/ci.409;  l.yiM.  150;  John  iiL  T.)  In  this 
state  of  semi-nadity,  the  ancients  perfiirmed  the 
operstioni  of  ploughing,  sowing,  and  reaping. 
(Het.  Up.  rt  Pies.  391 ;  Aristoph.  Luiiil.  1177  ; 
Verg.  Gtor3.  i.  299;  Aelian,  V.  H.  vi.  11,  liii, 
V7i  Matt.  xiir.  18.)  Thui  Cincinnatus  was 
found  nwftu  at  the  plough  vrhen  he  wai  called 


to  be  dictator,  and  sent  for  hia  toga,  thil  be 
might  appear  before  the  troste.  (Plin.  H.  H. 
iviii.  §  -iii :  Aur.  Vict,  de  Vir.  Ilttai.  17 ;  Lit. 
iii.  26.)    The  accompanying  woodcnt  is  taka 


Kan  ploughing  In  his  tnolc.    (Fmm  u  andoil  ena.) 

from  nn  antique  gem  in  the  Florentine  Collec- 
tion, and  shows  a  man  ploughing  in  histnaic 
only. 

This  term  applied  to  the  warrior  eiprosedthe 
absence  of  some  part  of  his  umoni.  Hence 
the  light-anned  were  called  •Yviwrp*!-    t^-  ^> 


.e  light-ai: 

NlTMERUB,  the  name  of  a  body  of  troops  ig 
e  imperial  period,  [ExKBCtrvB,  Vol.  Lp.  79J.] 
NUMMDLA'BU  or  NUMULA'Bli   [A»- 


NUMMUS  or  NtJMUS,  money.  The  his- 
tory of  Greek  money  being  set  forth  undtr 
POHDEOA,  and  that  of^  Roman  money  nnler  As, 
we  will  confine  ourselves  in  the  present  article 
to  the  following  points:— (1)  the  names  «f 
money  in  antiquity,  and  more  Mpecially  the 
usage  of  the  word  nnntmiu;  (2)  the  material! 
of  which  it  was  made;  (3)  the  inacriptiou  of 
ancient  coina ;  (4)  their  types  and  accessory  it- 
vices  or  symbols.  We  discus*  the  history  of 
the  right  of  coinage  in  antiquity,  and  the  re^- 
latiooi  and  organisation  of  mint*,  ander  Ho:<i:li. 

(1.)  JAf  ancimt  A'dtncs  o/ Jfoniy.— Tbe  term 
Xp^iiuwn  originally  stood  for  poueoiona  of  sny 
kind  ;  in  fact,  wealth.  And  hence  at  ■  liter 
time,  when  wealth  came  to  be  meaanred  br 
money,  nrtfiara  might  vaguely  be  cied  lur 
money.  Bat  in  spenking  of  money  as  distin- 
guished from  other  kinds  of  property,  the 
Greeks  would  call  it  either  i^fipigr  or  niiif- 
furrn.  Of  these  terms  the  fonner  came  into  nie 
nt  an  early  period  in  Ortect  proper,  where  silver 
rather  than  the  other  predomi  metals  wss  the 
standard  of  value.  Na/il<r>uiTa  (from  ri/au 
"Inw  ")  itands  fur  coin  which  was  legal  tender 
in  a  state,  and  so  for  all  moneys  coined  by  so- 
thorify  (Hdt.  i.  9i).  In  the  South  of  lUly  ud 
Sicily  the  word  riitat,  or  as  it  was  loolly 
written  i>aD^via(,  was  applied  to  coin,  and  in 

r-ticular  to  the  standard  coin  of  the  districL 
thus  corresponded  in  usage  nearly  to  the  term 
stater,  which  was  in  use  in  the  Last  [STaixs]. 
And  in  fuct,  in  the  transliterated  form  ixonFinii, 
it  is  frequently  used  by  the  Roman  wril«n  u 
equiralenl  to  ttater.  Thus  Plautus  (J'lW^  iii. 
2,  19}  uses  mimmut  for  didracbm,  and  in  otber 
places  {Trin.  i.  2, 115)  speaks  of  the  sUten  "f 
Philip  a*  nummt.  So  the  Roman  denanDI  wu 
sometimes  called  numnius;  but  the  term  "ii 
applied  in  a  special  and  restricted  sense  to  tbe 
Roman  sestertius.  The  reason  of  this  is  that 
the  sestertius  nearly  repreaented  in  aitver  Ihf 


of  I 


>pper. 


people*  of  Italf  and  Sidly  was  the  nnit  of  vs 


NUMMUS 


NUMMUS 


249 


ud  so  became  the  y6fios  or  standard  coin.  Tbe 
tens  mometa  is  only  equivalent  to  money  at  a 
Uxt  period  of  Roman  literature.  The  Roman 
uint  (liv.  tL  20,  13)  was  connected  with  the 
temple  cf  Jono  Moneta :  thus  the  word  moneta 
came  into  ose  in  the  sense  of  mint,  and  afler- 
wards  in  that  of  money  produced  by  the  mint. 
Among  the  Greeks^  whose  currency  (except  in 
.bia)  mostly  consisted  of  silrer,  the  ordinary 
Hord  for  money  was  regularly  i^y^piov ;  and  aes 
v^  sometimes  used  for  a  parallel  reason  in  the 
ismt  sense  by  the  Romans. 

It  ued  to  be  disputed  whether  the  Greek  and 
Btnian  coins  which  have  come  down  to  us  were 
actual  money,  or  rather  medals  issued  on  occa- 
»:cQi.  This  controversy  is  completely  closed. 
It  is  imiTersally  agreed  that  the  only  medals  of 
antiquity  are  the  Roman  so-called  medallions, 
\i«ct&  of  unusual  size  issued  at  Rome  to  coro- 
lotmorate  various  events,  which  may  be  distin- 
fished  among  Roman  copper  coins  by  the 
emission  of  the  letters  8.  C.  (senatus  conaulto), 
which  regularly  distinguish  these  latter;  as 
uell  u  a  few  pieces  of  the  Greek  Imperial  class, 
struck  in  imitation  of  the  Roman  medallions  in 
cities  of  Asia  Minor,  and  distinguished  by  a 
''pedal  formula  of  inscription.  Greek  coios  and 
the  regular  issues  of  Rome  frequently  contain 
aKosion  to  political  events,  but  they  were  never- 
theless fully  intended  to  pass  as  money,  as  the 
noiformity  of  their  weight  and  other  indications 
abattdantly  show. 

(2.)  MateriaU  of  Money  in  Antiqufty.^An 
important  di:»tinction  holds  between  money  of 
iairinsic  value  and  money  of  account.  Money 
f4  the  former  class  consisted  merely  of  ingots, 
the  weight  and  fineness  of  which  was  certified 
tj  the  state  or  the  ruler  who  stamped  them, 
%aid  which  passed  in  the  market  according  to 
their  actual  value.  Money  of  account,  on  the 
other  band,  might  consist  of  pieces  in  themselves 
a<arly  worthless,  made  for  instance  of  tin  or 
leather,  but  kept  in  circulation  at  a  fictitious 
Tslae,  either  in  consequence  of  their  being  at 
«ill  exchangeable  for  valuable  coin,  or  in  conse- 
<}iieBce  of  the  arbitrary  law  of  some  ruler,  who 
<Mig«i  people  to  accept  them  at  a  fictitious 
utae  under  some  penalty.  In  modem  phrase- 
■^^''gj  the  money  of  account  is  said  in  the  one 
("iK  to  be  convertible,  in  the  other  to  be  in- 
cf^Tertible.  We  will  speak  in  order  of  the  two 
classes  of  coin: — 

(a)  Money  of  intrinsic  value.     The  bulk  of 

thi.o  has  at  all  times  consisted  of  gold,  silver, 

ut!  copper,  or  rather  bronze,  pure  copper  not 

i-ring  been  used   by  the  ancients  except  in 

ore  cases.    As  to  the  use  of  these  three  sub- 

ituiccs  in  antiquity,  see  AuRUX,  Argextum, 

u4  Aes.    Klectrum  was  nlso  a  usunl  material 

f-r   money.    [Electrcu.]     In   addition,   iron 

i»  xud  to  have  been  used  as  money  at  Sparta ; 

u^l  although  no  specimen  has  come  down  to  us, 

vr  may  easily  account  for  this  fact  by  the  lia- 

*iitj  of  iron  to  rust  away  when  buried.     It  is 

^•}  noteworthy  that  Spnrta  had  no  coinage  in 

>tT  other  metal  until  the  reign  of  Areus.     Iron 

^aey  was  also  current  at  Byzantium  (Aristoph. 

'W>.  249).      Some    specimens  of   iron   money 

^T^<k  in  the  cities  of  Peloponnesus  are   now 

^I'aat    Greek  kings  in   India  issued  coins  of 

a*  k*l  {^wn.  Chrcn,  1868,  p.  305). 

{B)  Money  of  account.    The  smaller  denomi- 


nations of  coin  were  usually  among  the  Greeks, 
from  the  4th  century  onward,  issued  in  copper, 
but  for  the  convenience  of  the  people  these  coins 
were  seldom  of  such  weight  as  to  be  in  actual 
value  what  they  were  in  nominal  value.    The 
subject  is  a  ditticult  one.     Greek  copper  coins 
seldom  bear  marks  of  value,  and  it  is  nearly 
always  uncertain  in  regard  to  them  what  is  their 
real  denomination.   But  when  that  denomination 
is  fixed  by  type  or  inscription,  we  usually  find 
that  they  passed  at  a  nominal  value  greatly  in 
excess  of  the  intrinsic  worth  of  the  material. 
There  are  exceptions :  the  Ptolemaic  kings  o€ 
Egypt,  for  instance,  issued  copper  of  full  weight ; 
but  such  a  proceeding  was  as  unusual  in  the 
Greek  as  it  was  usual    in  the  Roman  world. 
The  light  copper  of  the  Greeks  was  thus  in  a 
sense  fiduciary ;  but  it  is  well  known  that  small 
change  may  be  fiduciary  without  affecting  trade 
or  credit,  and  the  English  bronze  coinage  is  now; 
strictly  speaking,  money  of  account  no  less  than 
was  that  of  the  Greeks.     Making  this  exception,, 
we  may  state  the  general  rule  that  the  Greeka 
seldom  made  any  attempt  to  pass  any  .of  their 
coin  at  a  fictitious  rate ;  usually  they  were  con- 
tented  to  let  it  find  its  own  level  in  trade  and 
pa^s  for  what  it  was.    The  reason  of  this  is  not 
so  much  the  commercial  morality  of  the  Hellenic 
race  as  their  keen  sense  of  business,  and  the 
incessant  competition  which  the  issues  of  various 
cities  had  to  keep  up  in  neutral  markets  and  on 
the  tables  of  the  money-changers.    A  few  im- 
portant exceptions  to  this  rule  should  be  noted. 
Thus  it  is  said,  though  the  story  is  open  to  doubt 
(Hdt.  iii.  56),  that  Polycrates  passed  off  as  gold 
on  the  Lacedaemonians  a  quantity  of  leaden  coins 
gilt.     We  are  informed  that  Dionysius  of  Syra- 
cuse issued  coins  of  tin,  which  he  compelled 
people  to  accept  as  tetradrachms,  though  they 
weighed  but  a  drachm  (Pollux,   ix.  79);   also 
that  Perdiccas  II.  of  Macedon  paid   his  mer- 
cenaries with  copper  coins-  plated  with  silver 
(Polyaen.  Strat  iv.  10,  2).     A  better  attested 
instance  than  any  of  these,  because  recorded  in 
an  inscription,  occurred  in  Boeotia  in  the  2nd 
century  B.C.,  drachms  of  copper,  not  even  plated, 
being  there  forced  into  circulation  as  the  equi- 
valent of  silver  pieces  of  the  same  size  and  types. 
The  frequency  in  certain  classes  of  Greek  coins 
of  plated  specimens  which  have  not  the  appear- 
ance of  being  the  work  of  forgers,  drives  us  to 
the  supposition  that  the  mints  of  Greece  may 
have  on  occasion  mingled  a  certain  proportion 
of  plated  coins  with  their  regular  issues.     Id 
fact,  that  this  was  done  in  Rome  openly,  and  in 
accordance  with  law,  has  been  completely  proved. 
There  were  even  stringent  laws  passed  at  that- 
city  to  compel  citizens  to  accept  these  plated 
pieces  as  legal  tender :  and  the  bad  custom  may 
have  spread  from  Rome  into  Greece.     Of  course 
there    existed,   in   Rome  and  Greece  alike,  a 
natural  tendency,  which  especially  showed  itself 
in  time  of  poverty  and  need,  to  diminish  the 
weight  and  the  fineness  of  current  coin.     But 
in  the  great  commercial  cities  of  Greece  this 
tendency  was   counteracted    by  circumstances^ 
and  the  classes  of  coin  most  used  in  commerce,, 
such  as  the  pieces  of  Aegina,  Athens,  and  Corinth^ 
retain  their  excellence  to  a  late  period.    This 
does  not  hold  to  the  same  extent  in  later  Greek 
days.      The  drachm  of  Rhodes,   for  instance^ 
which  weighed  in  the  4th  century  nearly  60 


250 


NUMMUS 


NUMMUS 


grains,  fell  in  the  eourse  of  the  2nd  to  half  that 
weight;  and  the  coins  of  the  later  Ptolemies, 
though  they  did  not  lose  in  weight,  were  made 
of  continually  haser  metal.  At  Rome,  as  was 
natural  from  the  imperious  and  uncommercial 
character  of  the  people,  laws  were  frequently 
passed  from  the  first  debasing  the  coin,  and 
attempting  to  substitute  worse  money  for  better 
in  the  public  issues.  More  than  once  in  Roman 
history  this  process  took  a  coarse  so  rapid  and 
violent  that  the  value  of  the  Tarious  denomina- 
tions of  state-coin  became  entirely  confused,  and 
all  coin  passed  only  by  weight.  [See  As.]  If 
Seneca  is  to  be  believed  (de  Benef.  v.  14),  the 
Laconians  used  pieces  of  leather  stamped  with 
the  state-mark  as  fiduciary  coins.  This  may 
have  arisen  from  the  weight  and  clumsiness  of 
their  iron>  currency.  We  hear  of  a  similar 
practice  among  the  Carthaginians.  The  subject 
of  the  mixture  of  metals  is  too  complicated  to 
be  here  treated  of.  Naturally  the  alloy  used  in 
coining  in  Greece  and  in  Italy  varied  greatly, 
both  in  quality  and  quantity.  The  best  account 
will  be  found  in  Lenormant's  Mtmnaie  dan$ 
rAntiqmte,  vol.  i.  pp.  187-206. 

(3.)  T%e  InacriptioM  of  Coins. — Greek  coins 
bear  several  kinds  of  inscriptions ;  the  name  of 
the  city  or  the  ruler  who  issued  them,  that  of 
the  monetary  magistrate  or  magistrates  who 
directed  their  production,  that  of  the  artist  who 
cut  the  die.  Sometimes  their  inscri|)tion  is  of 
another  kind  ;  stating  their  denomination  or 
value,  explaining  the  type,  or  occasionally  stat- 
ing the  occasion  on  which  they  were  issued.  It 
is  very  difficult  to  make  general  statements  as 
to  these  classes  of  inscriptions,  especially  as  this 
has  scarcely  been  before  attempted;  and  the 
present  sketch  must  be  considered  as  tentative. 

(a)  Names  of  rulers  and  cities.  The  earliest 
coins  bear  no  legends;  but  when  by  degrees 
these  make  their  appearance,  they  at  first  nearly 
All  contain  the  name  of  a  city,  whether  in  full 
or  in  abbreviated  form,  or  the  name  of  a  dynast. 
The  usual  civic  inscription  is  in  the  genitive 
plural  of  the  ethnic :  thus  the  coins  of  Syracuse 
are  usually  inscribed  SvpOKoWwr,  and  those  of 
Cos  Km/«v.  Sometimes  the  adjective  in  'Khp 
takes  the,  place  of  this  form,  as  in  the  cases 
*ApKaiui6y,  SoAuc^y,  IlayopfiiTiic^y,  &c.,  in  which 
case  we  must  understand  some  such  noun  as 
&py6piQ¥t  xS/i^Aa  or  v6fjLurfUL  Sometimes  the 
name  of  the  city  occurs  in  the  nomimitive  or 
genitive,  as  Tcipas,  'Aitpdyatnos,  More  often 
still  this  name  is  represented  by  a  few  letters  of 
it  only,  more  especially  in  early  times ;  the  coin 
of  Athens  bears  only  the  letters  A©E,  that  of 
Elis  only  FA,  that  of  Corinth  only  the  koppa. 
Kings  and  dynasts,  on  the  other  hand,  usually 
inscribe  their  names  in  full  in  the  genitive ;  the 
money  of  Alexander  I.  of  Macedon  is  inscribed 
''AK^^dyipo,  that  struck  by  Themistocles  at  Mag- 
nesia Btfuffrotc\4ot,  In  the  coin  of  Seuthes, 
king  of  Thrace,  we  have  the  genitive  2cMa,  but 
the  words  K^>ifta  and  iipy^piop  are  added  in  some 
specimens  to  explain  and  to  govern  the  genitive. 
Some  of  the  money  of  Alexander  of  Pherae  is 
inscribed  with  the  adjective  'A\c|ay8p€«or,  with 
which  we  must  understand  p6fjLos  or  some  such 
word,  and  a  parallel  form  is  not  rare  among 
civic  coins,  e.g,  NeoiroXfnjf,  Karayaiof.  Some- 
times, as  in  early  dedicatory  inscriptions,  the 
word  4fjLl  or  ct/il  is  added  for  explanation.     The 


earliest  of  inscribed  coins,  struck  probably  at 
Halicamassus  {Num,  Chrm.  N.S.  18,  261),  has 
the  legend  ^xofSt  ifu  crq/ia.  The  proprietary 
name  on  a  coin,  if  we  may  use  the  expression* 
is  sometimes  neither  that  of  a  city  nor  of  a 
ruler,  but  of  a  district  or  tribe,  as  AhrtiAMw, 
* AirmotnaVj  sometimes  of  a  religious  body  or  a 
temple,  as  in  the  case  of  the  coins  reading  *Au- 
^drri^Kcsy,  and  iK  AtBvfiAy  /cf>4,  the  latter  being 
the  mintage  of  the  temple  of  the  Branchidae 
near  Miletus. 

In  regard  to  the  comparative  frequency  of  the 
names  of  cities  and  those  of  rulers  on  coins,  it 
should  be  observed  that  despots  of  cities  in 
Greece  and  the  West  did  not  before  the  age  of 
Alexander  place  their  names  on  coin.  We  ha\e 
no  coins  stamped  with  the  name  of  Anaxilatls  of 
Rhegium,  Hiero  I.  of  Syracuse,  Pisistrmtua  ca* 
even  Jason  of  Pherae.  To  this  rule  Alexander 
of  Pherae  is  an  almost  solitary  exception.  Oo 
the  other  hand,  kings  of  Macedon  and  Thrace. 
despots  of  Asiatic  cities,  and  even  satraps  of  th« 
Persian  king,  very  usually  place  their  names  r« 
money.  Atter  Alexander  the  custom  spreail 
into  all  the  Hellenic  world  save  Greece  proper, 
and  even  there  was  adopted  at  various  times  by 
a  variety  of  rulers.  Areus  of  Sparta,  Arist<>- 
timus  of  Elis,  and  a  few  others  place  their  names 
on  coins;  so  do  Agathocles  and  all  the  subse- 
quent kings  of  Syracuse. 

(/3)  Names  of  magistrates.  The  period  at 
which  these  first  appear,  and  the  prominence 
given  to  them,  vary  in  a  most  marked  way 
from  city  to  city,  and  we  are  usually  without 
sufficient  historical  information  to  enable  us 
to  trace  the  reasons  of  the  variety.  At  Abdera 
in  Thrace,  almost  from  the  foundation  of  the 
city  (B.a  543X  we  have  on  the  coin  a  succes- 
sion of  magistrates*  names  in  the  genitive  pre- 
ceded by  the  preposition  M,  or  sometimes  in 
the  nominative.  These  were,  as  the  iwl  suffi- 
ciently prores,  the  eponymous  magistrates  of 
the  city,  and  it  mav  be  that  they  exercised  a 
stronger  rule  than  that  of  magistrates  in  other 
cities.  At  most  Greek  cities  before  the  middle 
of  the  4th  century,  magistrates'  names  occur 
only  at  intervals,  and  usually  in  an  abridged 
form.  Early  in  the  4tb  century  the  magistrates 
of  Boeotia,  whether  Boeotarchs  or  not  is  uncer- 
tain, begin  regularly  to  sign  the  coin  ;  and  about 
the  Rame  time  a  parallel  custom  began  to  obtain 

at  the  principal  cities  of  the    Asiatic   coast 

Ephesus,  Samos,  Miletus  ^^  others.      In    the 
regal  coinages  of  later  Greece  magistrates'  names 
seldom  occur,  or  arc  concealed  in  the  form  of 
monograms ;  but  in  the  Greek  cities  which  re- 
mained  free,   whether  in  Asia  or   Hellas,    the 
names   of  officers   begin   to   take  a  place  more 
regularly  and  with  more  evident  purpose.    Thus 
at  Athens,  during  the  later  days  of  her  inde- 
pendence, every  coin  bears  the  name  of  three 
distinct    magistrates,   whereof  two    have    been 
conjectured  to  be   hieh   functionaries   of  state, 
and  the  third   the  officer  specially  detaile*!  to 
control  the  mintage  of  the  money  which  bear» 
his  name.     The  later  coins  of  Rhodes,  Ephesus, 
and  other  cities,  as  well  as  the  copper  money  c'f 
the  Achaean  League,  and  the  coins  of  the  The^- 
salian  Epirote    and   Acamanian   Leagues,   be.ir 
the  name  of  a  single   magistrate ;  the  coins  rf 
Dyrrhachium  and  Apollonia  those  of  two  roagi^^- 
t rates.    The  most  important  works  on  the  sub- 


NUMMUS 


NUNDINAE 


251 


^^«cC  of  magistntei'  nameB  on  coins  are  BeuM's 
JfcAjKues  4fAthin£9  and  a  dissertation  on  the  coina 
«f  ApoUcnia  and  Dyrrhachinm  by  Dr.  Brandis, 
Zeitidirift  fmr  Numitmatik,  Yol.  i. 

(7)  Artarts*  names.  That  artista'  signatores 
in  occur  on  coins  is  rendered  certain  by  the 
occorrence  of  the  fall  phrases  Ncvorror  #ro«i  on 
coias  of  Cydonia  in  Crete  and  %to9&ros  iwou 
«  eoias  of  Claxomenae.  A  fall  list  of  supposed 
flgsatorea  vili  be  foand  in  Von  Sallet's  Kantt- 
lermtchrifUn  anf  gr,  MUnzen  (1871),  and  Lenor- 
Bsnt's  Mm.  de  CAsUiq,  iiL  p.  255.  Among  the 
more  certain  and  important  signatures  are  those 
of  Aristoxenos  at  Ueraclea  in  Lucania,  of  Ezaces- 
tidas  at  Camarina,  Herakleidas  at  Catana,  and  of 
Easenetos,  Kadeidaa,  Eomenos,  Cimon,  Sosion, 
ssd  Phrygillos  at  Syracuse.  It  is  to  be  obserred 
that,  sare  in  the  two  cases  already  mentioned 
of  Neoantos  and  Theodotus,  we  have  no  certain 
csgrarer's  name  oat  of  Italy  and  Sicily.  They 
are  by  far  commonest  in  Sicily ;  but  there,  as 
elievhere,  are  only  found  during  a  period  of 
about  sixty  years,  from  B.G.  410  to  350. 

(I)  Explanatory  inscriptions.     The  object  of 
thtat  is  to  aoqoaint  us  with  the  meaning  of  the 
types  of  a  coin,  with  its  value  or  denomination, 
«r  with  the  cimunstances  of  its  issue.   The  word 
Sertp  (2ivr4f  )  accompanies  the  figure  of  Zeus  on 
a  vtry  early  coin  of  Galaria  in  Sicily,  Niira  that 
of  Niite  at  Terina,  ScXirot^  and  *T^cs  those  of 
tbe  two  rircr-gods  at  Selinns,  AXas  that  of  a 
irarrior  at  Locnsy  ^^rttpa  that  of  Artemis  at 
Cf zicus,  and  ao  forth.    At  the  Italian  Locri  a 
^roBp  representing   a   standing  female  figure 
crowning  a  aeaftcd  one  is  explained  by  the  in- 
scription to  represent  the  crowning  of  Roma 
ihSia)  by  Good-faith  (Jlleru).    The  denomi- 
aation  of  a  ooin  is  seldom  stated  at  full-length 
on  it,  but  often  indicated  by  a  few  letters  or  a 
slight  Taiiety  in  the  type  (see  next  head).    AlO 
•ad  TPIH  occur  cm  the  diobols  and  trihemiobols 
of  Cotinth,  'O^A^r  at  MeUpontum,  'H/uofi4\ut 
St  Asgioflu,  Apdxpoil  nnd  AflpaxM^  a^  Epheous. 
Ob  the  Ute  coins  of  Chios  the  number  of  'Ar<nU 
/«  represented  by  a  eoin  is  regularly  mariced  on 
It   In  the  Peloponnese  in  early  times  a  single 
Wttcr  nsnally  sniSosd  to  mark  denomination,  H 
^Bf  placed  00  hemioboU,  T  on  tetartemoria, 
sad  so  forth.    The  drcnmstanoes  of  issue  are 
stated  in  the  inscriptions  of  many  coins  of  Im- 
perial times,  especially  those  which   bear  the 
nsmcsof  the  games,  Pythia,Actia,01ympta,  &c.f 
ia  e&ancxion  with  which  they  were  struck,  and 
thoM  with  a  legend  6  9wa  Ar^^ac,  followed  by 
tile  genitive  or  datire  of  the  name  of  a  city. 
Tbe  latter  class  are  supposed  to  be  the  result  of 
tbe  munificence  of  individuals  who  on  some 
^pKial  occasion  struck  a  quantity  of  coin  at 
their  own  private  cost,  but  for  general  use  and 
snjoyment.      Even  in  early  times,  however,  a 
&v  iascriptions  of  the  same  class  may  be  found, 
•»  a  the  case  of  the  archaic  coin  of  lletapontum, 
vbich  bears  the  legend  'Ax^Aoio  ftstfAor,  and 
w  clearly  issued  on  the  occasion  of  public 
Sutes.    The  coin  of  Locri  already  mentioned 
ttstains  in  the  words  Pi6^a  and  liUris  a  clear 
•Uuisa  to  the  circumstances  under  which  it 

v»  iasaed,  some  instance  of  good  faith  on  the 

pvt  of  the  Bomans   towardi    the  people  of 

The  inscriptions  of  Koman  coins  present  us 
vitb  less  variety  than  those  of  Greek.    The 


earlier  gold  and  silver  money  bears  no  inscription 
save  the  word  ROMA  or  ROMANO,  together 
with  a  mark  of  value.  About  the  time  of  Sulla 
(Mommsen,  B.  Jf.  p.  451)  the  name  of  the  city  and 
the  indication  of  denomination  alike  disappear. 
The  empire  of  Rome  by  that  time  was  so  widely 
extended  that  her  coin  was  known  on  every 
shore,  and  her  system  of  reckoning  in  nil  markets. 
The  place  of  these  simpler  legends  is  henceforth 
taken  by  the  name  of  a  monetary  magistrate, 
which  is  usually  that  of  one  of  the  triumvirs 
appointed  to  strike  the  money  of  the  Republic, 
la  a  more  modest  and  abbreviated  form  indeed 
we  find  such  names  as  early  as  B.C.  190,  but  they 
appear  more  prominently  as  time  passes  on. 
About  B.a  100  occurs  the  first  appearance 
(Mommsen,  p.  453)  of  such  formulae  as  8.  c. 
(Senatus  Consulto),  ARO.  PVB.  (Argento  Pub- 
lico). At  about  the  same  period  first  occur 
legends  explanatory  of  the  types  of  the  coins, 
which  first  consist  of  msre  initials,  as  i.  8.  M.  r. 
(for  Juno  Supes  Mater  Regina),  or  P.  p.  (for 
Penates  Pnblici).  Afterwards  we  have  inscrip- 
tions like  those  mentioned  under  (8)  above  in 
the  case  of  Greek  coins;  for  instance,  Numa 
Pompili  beside  a  figure  of  Numa  Pompilius,  and 
Salus  beside  a  head  of  that  deity.  In  the  case 
of  Roman  Imperial  coins  one  side  is  regularly 
occupied  with  the  name  and  titles  of  the  emperor 
accompanying  his  effigy;  the  other  side  bears 
sometimes  merely  a  date,  as  008  iii  TR  P  xx, 
which  indicates  that  the  piece  was  issued  in  the 
third  consulate  and  the  20th  tribunician  year  of 
the  emperor:  but  more  usually  an  inscription 
containing  allusion  to  a  historical  event  and 
accompanying  a  type  of  similar  allusion,  such  as 
Fides  Militum,  when  the  army  presented  a  loyal 
address ;  Fecnnditati  Augustae,  when  the  empress 
bore  a  child ;  Debellatori  Gentt.  Barbara(rum), 
when  the  emperor  reduced  a  refractory  tribe, 
and  so  forth. 

(4.)  Type$  and  i9ym6o/s.— In  the  language  of 
numismatists  the  term  type  is  applied  to  the 
principal  device  or  subject  of  either  obverse  or 
reverse  of  a  coin ;  the  term  symbol  is  applied  to 
any  subordinate  or  smaller  figure  which  accom- 
panies the  type.  In  the  later  coinage  of  Athens, 
for  instance,  the  type  of  reverse  is  always  an 
owl  standing  on  an  amphora,  but  the  symbol 
varies  continually,  changing  indeed  every  year. 
The  type  belongs  to  the  mint-city,  and  is  usually 
either  the  figure  or  head  of  a  deity,  some  object 
sacred  to  a  deity,  or  the  effigy  of  a  king  or 
emperor.  The  symbol,  on  the  other  hand,  belongs 
to  the  monetary  magistrate,  and  is  impressed  by 
him  to  indicate  his  responsibility  for  the  weight 
and  fineness  of  any  issue  of  coin.  It  is  usually 
supposed  to  be  copied  from  his  signet,  the  signet 
in  antiquity  anawering  in  many  points  of  use  to 
the  modem  signature.  [P.  G.] 

NUNCUPATIO.  (Testamehtum.] 
NU'NDINAE  (in  an  older  form  noundinae\ 
the  market  day^  a  regular  division  of  the 
Calendar,  and  hence  the  market  itself.  The 
Romans  had  a  system  of  eight-day  weeks,  which, 
like  our  seven-day  weeks,  ran  on  from  one 
month  to  another  and  from  one  year  to  another 
without  breaking,  and  starting  afresh  with  the 
new  month  or  year,  so  that  the  nundinae  was  a 
day  "  qui  nono  semper  ab  orbe  redit "  (Ov.  Fast. 
i.  54).  By  the  ordinary  inclusive  reckoning 
the  eighth  day  was  counted  ns  the  ninth  and 


252 


NUNDINAE 


called  nundinae;  the  whole  week,  or  period  of 
eight  days,  being  termed  inter  nundinumy  or,  in 
one  adjective,  intemundinum  (tempos).  The  days 
were  marked  in  calendars  by  the  letters  A,  B,  C,- 
D,  £^  F,  0,  Hf^nd  it  would  naturally  be  sup- 
posed that  H  would  always  be  the  letter  of  the 
nundinae;  but  this  was  not  so,  because  the  1st 
of  January  always  began  afresh  with  A,  while 
the  first  nundinae  of  the  new  year  was  in- 
variably the  eighth  day  after  the  last  nundinae 
of  December,  and  consequently,  unless  the  nun- 
dinae had  fallen  on  the  Slst  of  December,  was 
marked  by  a  different  letter,  which  belonged  to 
all  the  nundinae  of  that  year.  It  may  be 
obsenred  that  this  system  of  letters  cannot 
belong  to  the  earliest  times,  because  the  letter  G 
was  only  introduced  in  the  third  cent.  B.C. 
But  this  does  not  prevent  the  eight-day  division 
being  a  very  ancient  Roman  arrangement,  as 
Dionysius  (ii.  28)  and  others  describe  it.  (The 
Sabines,  however,  even  till  the  end  of  the 
Republic,  had  a  seven-day  week,  which  appears 
in  the  fasti  Sabini :  see  Marquardt,  Staatsvera, 
iii.  281.)  The  countrymen,  having  worked 
seven  days  in  the  fields,  came  into  the  towns  on 
the  eighth  for  the  market  (Macrob.  i.  16,  33 ; 
Verg.  Moret  80).  The  jus  nundinorumr^ihsit  is, 
the  exclusive  right  of  the  dwellers  in  a  parti- 
cular spot  to  hold  the  periodical  markets  for  a 
particular  district — was  granted  by  the  senate 
(cf.  Suet.  Claud,  12 ;  Plin.  £p,  t.  4).  As  to 
the  regulations  about  law  business  and  comitia 
on  the  nundinae,  see  DuiB,  Vol.  1.  p.  636,  and 
Comitia,  Vol.  I.  p.  506  6;  as  regards  school 
holidays,  LUDUS  Litterarius,  p.  97  6. 

The  expression  trinum  nundinum  (whence  an 
adjective  trinttndinuSf  trinundino  die,  &c.)  is 
disputed,  and  still  open  t-o  dispute,  both  as  to 
its  grammar  and  its  meaning.  The  usual  ex- 
planation is  that  it  is  a  genitive  from  trinae 
nundinae,  with  an  ellipse  of  a  word  signifying 
space  or  lapse,  and  this  is  agreeable  to  the  rule 
for  the  use  of  numerals  in  the  best  Latinity, 
though  the  rule  is  not  without  exceptions. 
That  Cicero  took  it  as  a  genitive  is  clear  from 
de  Dotn,  16,  41 ;  and  its  use  elsewhere  is  hot 
against  this,  if  we  take  trinundino  to  be  an 
adjective.  The  sense,  according  to  this  view,  is, 
such  a  period  as  to  include  three  nundinae  (i.e, 
seventeen  days),  from  the  1st  to  the  3rd  nun- 
dinae. That  Plutarch  and  Dionysius  so  under- 
stood it,  is  clear  from  their  rendering  it  by  4 
rpirji  iyopd  (Dionys.  vii.  58,  ix.  41;  Pint. 
Coriol,  18).  On  the  other  hand,  Mommsen 
brings  instances  which  seem  to  show  that  the 
period  was  longer  than  seventeen  days,  at  any 
rate  in  republican  times,  and  he  holds  that  it 
was  a  space  of  three  complete  intemundina,  i.e. 
twenty-four  days,  and,  if  a  genitive  at  all, 
stands  for  trinorwn  nundinorum.  He  does  not 
seem  to  us  to  overthrow  beyond  dispute  the 
usual  interpretation.  It  might  be  suggested 
that,  if  the  required  notice  had  to  extend  over 
three  nundinae,  it  was  originally  a  varying 
length,  extending  from  seventeen  days,  when 
notice  was  given  on  the  nundinae,  to  twenty- 
three  days,  when  the  notice  was  given  just  after 
a  "  market  day "  was  past,  and  therefore  the 
trinundinum  may  sometimes  come  before  us  as 
a  period  longA  than  twenty  days  (as  in  the 
cases  cited  by  Mommsen),  sometimes  as  a  con- 
Tentioual  term  for  exactly  seventeen  days.    For 


OBELISCUS 

the  notice  required  for  holding  CoMlTiA,  see 
Vol.  I.  p.  533  a. 

Nundinium,  a  later  form  of  nundinum,  is 
jfbund  =  nundinae  (C  7.  L.  viii.  408),  and  = 
intemundinum  (Macrob.  /.  c);  bat  a  us« 
specially  to  be  noticed  is  its  signification,  the 
period  of  consulship.  When,  under  the  £mpirtry 
several  pairs  of  consuls  were  created  in  one 
year  [Consul,  Vol.  I.  p.  537],  the  period  of  a 
single  consulship  was  called  nundiniwn  (Lam- 
prid.  Vit,  Alexand.  28,43;  Vopisc  Vit,  Tacit,  9). 
(Marquardt,  Staatsverwalt.  iii.  289  ;  Mommsen, 
Staatsrecht,  ii.  84,  iii.  375.)  [L.  S.]  [G.  £.  M.] 

NUNTIA'TIO.   [Opebis  No\ri  NumtiatioO 

NUPTIAE.    [Matbdioniuil] 

NYMPHAEXJM.    [Dovub,  Vol.  I.  p.  678-3 


o. 

OBAE.    [TBiBns;  Oebousia.] 

OBBA,  a  bowl  either  of  wood  or  earthen- 
ware,  apparently  broad  at  the  bottom  and 
narrowing  towards  the  top,  used  for  holding 
wine,  but  a  cheap  ware  for  common  wine  (Per^ 
V.  148).    It  is  said  by  Gellins  (xvi.  7)  to  be  a 

f>rovincialism  used  by  Laberius.  From  Tertul- 
ian,  Apol.  13,  it  appears  that  it  waa  used  also 
at  funeral  rites.  The  shape  cannot  be  regarded 
as  certain.  TertuUian  need  not  be  speaking 
precisely  of  the  shape  When  he"says,  '*  Quid 
differt  a  simpulo  obba?"  There  is  no  clear 
proof  for  Rich's  theory,  that  it  was  pointed  at 
the  bottom,  and  in  fact  Persins's  epithet  sessSis, 
i.e.  squat  or  dumpy  with  a  firm  base,  rather 
makes  against  it:  if  the  reading  ^^oibatae  caa- 
sides,"  in  Apul.  Met,  x.  234,  is  correct;  we  are 
none  the  wiser,  since  we  cannot  determine  the 
shape  of  this  particular  cassis  except  by  deciding 
that  of  the  obba.  (Marquardt^  Privatleben, 
p.  654 ;  Jahn,  ad  Pers.  I,  c.)  [Q.  £.  M.} 

0BELI8GUS  (ifi^KiffKos)  is  a  diminutive  of 
Obelus  (6$€\6%),  which  properly  signifies  a 
sharpened  thing,  a  skewer  or  spit,  and  is  the 
name  given  to  certain  works  of  Egyptian  art.**  A 
detailed  description  of  such  works  would  be 
inconsutent  with  the  plan  of  this  work,  but 
some  notice  of  them  is  required  by  the  fact  that 
several  of  them  were  transported  to  Rome 
under  the  emperors.  Ammianus  Marcellinna 
(xvii.  4)  says  that  ^  an  obelisk  is  a  very  rough 
stone  in  the  8ha})e  of  a  kind  of  land-mark  or 
boundary  stone,  rising  with  a  small  inclination 
on  all  sides  to  a  great  height ;  and  in  order  that 
it  may  imitate  a  solar  ray  by  a  gradual  diminn* 
tion  of  its  bulk,  it  terminates  in  a  prolongation 
of  four  faces  united  in  a  sharp  point.  It  is 
very  carefully  smoothed."  Most  ancient  writers 
consider  obelisks  as  emblematic  of  the  sun's 
rays.    (Comp.  Plin.  H.  N.  xxxvi.  §  64.) 

An  obelisk  is  properly  a  single  block  of  stone, 
cut  into  a  quadrilateral  form,  the  sides  of  which 
diminish  gradually,  but  almost  imperoeptiblr 
from  the  base  to  the  top  of  the  sbafl,  but  do 


•  Herodotos  (ii.  Ill)  uses  Ifithht  in  the 
obelisk. 


of  sn 


OBEX 


OBLIGATIO  LITTEBARUM     253 


Bci  termioatc  in  an  apex  upon  the  to|>,  which  is 
cromMd  bj  a  amall  pyramid,  consisting  of  four 
aides  terminating  in  a  point.  The  Egyptian 
obelisks  were  mostly  made  of  the  red  granite  of 
Sjae,  from  vhich  place  they  were  carried  to 
fhe  different  parts  of  Egypt.  They  were  gene- 
nllr  placed  in  pairs  at  the  entrance  to  a  temple, 
d»e  to  other  moniMnenta  of  proportionate  size. 
Bst  the  Romans,  as  Mr.  Bnm  remarks,  viewed 
tkem  only  as  trophies,  and,  except  those  at  the 
Ksosoieam  of  Aagnstus,  they  stood  i^>art  from 
aoTthing  of  equal  height,  presenting  a  nalced 
sod  forlorn  appearance.  {Rome  and  CampagnOj 
p.  ilir.) 

Obelisks  were  first  transported  to  Rome  under 
Aa^Qstus,  who  cansed  one  to  be  erected  in  the 
Ctrcos  and  another  in  the  Campus  Martins. 
(Plin.  xxxTL  I  71 ;  ifon.  Ancyr,  ir.)  The  for- 
mer was  restored  in  1589,  and  is  called  at 
present  the  Flaminian  obelisk.  Its  whole  height 
is  sbout  116  feet,  and  without  the  base  about 
76  ft«t :  it  now  stands  in  the  Piazza  del  Popolo. 
Tbe  obelisk  in  the  Campus  Martins  was  set  up 
bj  Aagnstns  as  a  sun-diaL  It  stands  at  present 
OB  the  Monte  CitoriO)  where  it  was  placed  in 
1792.  (Bom's  Rome  and  Campagna,  p.  333.) 
Its  whole  height  is  about  110  feet,  and  without 
(he  base  about  71  feet.  Another  obelisk  was 
broDght  to  Rome  by  Caligula,  and  placed  on  the 
Vatican  in  the  spina  of  the  Circus  of  Caligula. 
(Plin.  xxxTi.  §  74,  zri.  §  201.)  In  drawings  of 
the  I$th  century  it  is  represented  as  still  stand- 
ing in  its  original  place.  It  stands  at  present 
ID  front  of  St.  Peter's,  where  it  was  placed  in 
1586,  and  its  whole  height  is  about  132  feet, 
ukJ  without  the  base  and  modem  ornaments  at 
top  about  83  feet.  But  the  largest  obelisk  at 
Rome  IS  that  which  was  originally  transported 
fiwn  Heliopolia  to  Alexandria  by  Constantino, 
■ad  conveyed  to  Rome  by  his  son  Constantius, 
vko  placed  it  in  the  Circus  Maximus  (Amm. 
Xsrc  xrii.  4).  Us  present  position  is  before 
the  north  portico  of  the  Lateran  church,  where 
it  vai  placed  in  1588.  Its  whole  height  is  about 
U9  feet,  and  without  the  base  about  105  feet. 
(See  Gibbon,  Hist,  of  B<me,  rol.  ii.  p.  400.) 

Tiiere  are  nine  other  obelisks  at  Rome  besides 
^ose  mentioned  abore,  but  none  of  them  are  of 
historical  importance.  Three,  however,  which 
vere  found  under  and  near  the  church  of  S. 
^fano  del  Cacco,  one  as  late  as  1882,  are 
intertsttng  aa  remains  of  the  temples  of  Isis  and 
^^npis  on  that  site.  They  are  now  in  the 
fvttiA  delta  Rotonda,  the  Piazza  della  Minerra, 
^  the  Piazza  del  Collegio  Romano.  (See 
Xiddleton's  Rome,  p.  392.)  There  are  also 
^helisks  in  varions  other  places,  aa  at  Constanti- 
^1«,  Aries,  Florence,  Catana  in  Sicily,  &c., 
*«■»  of  which  are  works  of  Egyptian  art,  and 
^then  only  imitations. 

The  preceding  brief  aceonnt  is  chiefly  taken 
^Tom  Long's  EffypKan  AwtiqudHes,  vol.  i.  cc.  14, 

15.  rw.  s.]  ra.  E.M.] 

OBEX.     rjANUJL] 

OBLIGATIO  LTTTEBABUM.  One  of 
the  fonr  modes  in  which,  according  to  Gaius 
foi.  89),  contractual  obligations  could  be  in- 
'^vred,  was  HtterU.  The  contract  was  made  by 
the  creditor's  entry  ((Jains,  iii.  137)  of  so  much 
u^iMMMi  to  the  debtor  in  his  account  book 
(codrx  aooBpU  it  expenn).  The  debtor's  assent 
to  \^*  entry  was  neoetiary  (Cic.  pro  Ro$c,  Com, 


1,  5 ;  Val.  Max.  viii.  2,  2),  but  apart  from  that 
it  was  immaterial  whether  he  had  in  fact 
received  the  money  or  not.  For  the  practice  of 
accurate  book-keeping,  which  the  Romans  very 
possibly  adopted  from  the  system  of  the  bankers 
in  the  Greek  cities  of  Campania,  reference  may 
be  made,  in  addition  to  the  passages  last  cited, 
to  Cic  in  Verr.  i.  23,  60 ;  39,  99  ;— it  76,  186  ; 
— pro  QuitU,  4,  11;  pro  Font,  3,  15;  pro 
Ciaentio,  30,  82 ;  and  Pliny,  If,  N,  ii.  §  7.  The 
items  of  receipt  and  expenditure  appear  to  have 
been  entered  without  distinction,  in  the  order  of 
their  occurrence,  in  a  day-book  (adver9aria}f 
and  transcribed  at  the  end  of  each  month  into  a 
ledger  (talnUae,  codex  aooepti  et  expensi),  the 
precise  form  and  character  of  which  is  much 
disputed,  though  most  probably  it  was  arranged 
in  two  sides  or  columns  after  the  fashion  of  an 
ordinary  banker's  pass-book.  The  entry  in  this 
ledger  (nomen  jacere^  Cic.  tn  Verr.  i.  36,  92 ; 
39,  102  \—<td  Att,  iv.  18 ;  Seneca,  de  Benef,  iii. 
15)  made  the  contract,  and  bound  the  debtor  to 
repay  the  specified  sum:  it  was  not  merely 
evidence,  admitting  of  the  possibility  of  re- 
buttaL 

We  are  told  by  Gaius  (uL  131)  that  if  an 
entry  were  made  in  the  codex  of  an  actwil 
money  loan,  the  obligation  to  repay  it  arose  re 
(Mdtuum),  not  litteria,  and  the  debt  was  called 
specifically  nomen  arcanum^  the  written  record 
serving  merely  as  evidence.  It  follows  that 
wherever  a  genuine  money  debt  was  created 
litteris  it  must  have  been  under  the  fiction  of  a 
loan,  as  appears  to  have  been  the  case  in  two 
instances  of  debts  originally  incurred  in  this 
manner  of  which  we  have  a  record  (Cic.  ad  Att, 
iv.  18;  Val.  Max.  viii.  2,  2).  But  it  seems 
clear  that  the  moat  common  purpose  for  which 
Expensilatio  (as  the  contract  is  termed)  was  used 
was  that  of  novation  (m/.  p.  269) :  and  there 
were  two  modes  in  which  an  obligation  could  be 
novated  litteris.  By  the  first  (^  Transcriptio  a 
re  in  personam,"  Gaitis,  iii.  129)  a  debt  owine 
on  some  other  ground,  such  (e^g.)  as  consensual 
contract  or  legacy,  might  be  converted  into  a 
**  literal  '*  debt :  for  instance,  an  heir  might  be 
given  time  to  pav  a  legacy  on  the  condition  that 
the  legatee  should  be  allowed  to  enter  the  money 
as  expensum  to  him.  The  object  of  this,  beyond 
a  doubt,  was  to  subject  the  strict  action  known 
as  oondictio  certi,  with  its  penal  wager  of  a  third 
of  the  sum  in  dispute,  for  an  action  (usually 
bonae  fidei)  by  which  only  the  actual  sum  due 
could  be' recovered.  The  old  contract  and  the 
old  action  ceased  to  exist,  their  places  being 
taken  by  new  ones  more  favourable  to  the 
creditor.  The  second  form  of  novation  ('*  Tran- 
scriptio a  persona  in  personam,"  Gains,  iii.  130) 
was  employed  where  it  was  desired  that  money 
owed  by  one  person  to  a  second  should  be  owed 
to  him  by  a  third  instead :  thus,  if  A  owed 
money  to  B,  and  it  was  agreed  that  C  should 
enter  it  in  his  codex  as  expensum  to  A,  C  would 
l)ecome  A's  creditor  instead  of  B.  In  a  similar 
way  one  debtor  could  be  substituted  for  another, 
the  creditor  remaining  the  same. 

Whether  the  **  literal  "  contract  could  be 
entered  into  by  aliens  was  disputed  between  the 
Sabinian  and  Proculian  schools  of  lawyers.  The 
latter  held  that  it  was  too  peculiarly  ^tins  civilis 
to  be  available  to  them  at  all :  the  former 
thought  that  they  cotild  be  bound  by  it  a  rs  mi 


254    OBLIGATIO  LITTEBARUM 


OBLIGATIONES 


personam,  bat  not  otherwise  (Gaiiu,  iii.  133). 
fiat  Gaias  says  (t6.  134)  that  aliens  had  a  kind 
of  literal  contract  of  their  own,  differing  from 
£xpensilatio  materially  in  form,  but  similar  to 
it  in  its  operation.  This  was  a  S|)ecie8  of  bond 
(chirograpfiOj  Sf/ngraphae),  signed  by  the  debtor, 
and  acknowledging  the  debt,  of  Greek  origin,  as 
the  names  denote  ;  and  it  seems  clear,  from  the 
language  of  Gains,  that  the  bond,  like  the  debt, 
was  or  constituted  the  obligation :  it  was  not 
mere  evidence,  like  the  entry  of  a  nomen  or- 
carivan. 

Although  Gains  speaks  of  Ezpensilatio  as  a 
form  of  contract  actually  existing  in  his  own 
day,  there  can  be  little  doubt  that  it  had  gone 
out  of  use,  along  with  the  regular  keeping  of 
accounts,  among  the  generality  of  Roman  citi* 
zens,  and  was  still  in  vogue  only  with  bankers, 
who  kept  their  customers'  accounts  for  them. 
Perhaps  no  explanation  of  this  need  be  required 
beyond  the  general  decay  of  repnblican  manners 
under  the  ^pire ;  but  probably  the  disuse  of 
the  literal  contract  was  connected  with   the 
introduction  of  eonatiiutumj  which  secured  all  the 
advantages  of  Transcriptio  without  the  extino* 
tion  of  the  prior  obligation,  and  still  more  with 
that  of  the  exoeptio  doUy  which  may  be  attri- 
buted with  some  certainty  to  Qallus  Aquilius, 
who  was  Cicero's  oolle^ue  in  the  praetorship. 
The  action  for  breach  of  an  obligation  incarred 
Uiteria  was  stricti  juris,  and  the  law  waa*  that 
fraud  was  no  defence  to  an  action  of  that  kind, 
so  that  a  defendant  waa  helpless  whose  consent 
to  the  creditor's  entry  had  been  obtained  by 
misrepresentation,  or  by  an  unfulfilled  under- 
taking to  advance  money  or  give   credit    in 
consideration  of  that  promise  being  given.    An 
anecdote  told  by  Cicero  {de  Off.  iii.  14,  §§  5^- 
60)  puts  the  matter  in  a  strong  light.    Pythias, 
a  Syracusan  banker,  induced  Cainius  to  bay  a 
country-honse  from  him   by   fraudulently  in- 
ducing him  to  believe,  on  the  evidence  of  his 
own  eyesight,  that  the  estate  and  neighbourhood 
abounded    in    spoils    for  the  huqter  and  the 
fisherman.    Knowing  that  a  consensqftl  contract 
of  sale  would  be  radically  %ntiated  by  his  dis- 
honesty, he  produced  his  codex,  and  got  Canius 
to  assent  to. the  debt  being  transcribed  on  the 
spot.     Canius,  says  Cicero,  had  no  remedy,  for 
bis  col  league  Aquilius  had  not  yet  introduced 
his  formvUae  de  doh.     When  however  that  had 
been  done,  Expenailatio  had  virtually  ceased  to 
be  a  contract  binding  through  its  form  alone; 
and  whenever  there  had  been  anything  in  the 
nature  of  chicane  or  diiihoDesty  on  the  creditor's 
part,  he  could  not  but  fail  in  his  action. 

The  later  history  of  the  literal  contract,  and 
in  particular  of  the  so-called  **  literal  obliga- 
tion "  of  Justinian's  Institutes  (iii.  21),  is  inti- 
mately bound  up  with  that  of  Stipulation,  the 
contract  made  V0r6i>.  In  the  Greek  provinces 
of  the  Empire  the  old  oral  stipulation  of  Rome, 
and  the  provincial  chirographum  or  syngrapha, 
appear  to  have  become  merged  together  in  the 
written  and  signed  memorandum  {pautio,  inatru^ 
mention),  purporting  to  attest  a  stipulation 
actually  made  by  oral  qaestion  and  answer 
(Paul.  Sent,  rec  v.  7,  2 ;  Inst.  iii.  19,  17).  If 
such  a  oautio  were  obtained  by  the  promise  of  a 
pecuniary  consideration,  which  in  fact  had  not 
been  given,  it  could  when  sued  upon  be  met  by 
the    **exe6ptao    pecaniae    non    numeratae,"   a 


specific  variety  of  the  exceptio  doU:  and  it  wis 
enacted  in  213  A.D.  (Cod.  4,  SO,  3)  that  whea 
this  plea  was  entered   by  the  defendant,  Ute 
plaintiff  should  be  bound  to  prove  that  the 
alleged  consideration  had  actually  been  giveit, 
unless  a  certain  interval  of  time  had  elspwd 
from  the  date  of  the  document.    It  seems  th&t 
when,  in  compiling  the   Institutes,  Jostioiao 
found  that  he  had  no  genuine  literal  contrEct, 
corresponding  to  the  old  Expensilatio,  to  describe, 
he  thought  the  best  equivalent  would  be  this 
cautio  purporting  to  evidence  a  stipulation,  and 
the  kindred  topic  of  the  *'  exoeptio  pecaniae  noo 
numeratae."    That  this  is  the  true  significance 
of  the  very  difiicult  title  (21)  in  the  third  book 
of  the  Institutes  appears  clear  on  a  careful 
examination  of  the  passage  in  Gains  (iii.  1:U), 
apoa   which  it  is  obviously  modelled,  sn<l  in 
view  of  a  later  paragraph  (iv.  13»  2)  of  the 
Institutes  themselves.      But   between  the  old 
contract,  made  by  entry  in  the  codex,  aad  the 
oauUo  which  Justinian  put  in  its  place,  there  i» 
the  same  radical  difference  that  there  is  in 
English  law  between  a  deed  under  seal  and  a 
mere  written  memorandum  of  a  contract.    The 
entry  in  the  oodex  wu  the  contract ;  and  if  iu 
genuineness  was  not  disputed,  the  party  agaiost 
whom    it  was    made    was  technically  boand* 
though  he  might  escape  judgment  by  pleading 
the  exoeptio  doli.    That  the  oauHo  was  not  iuelt 
a  contract,  and  never  more  than  evidence  of  sn 
alleged  contract  made  (expresaly  or  impliedlr) 
by  stipulation,  which  coold    he  rebutted  by 
connter-evidence  that  the  alleged  contract  had 
never  been  made  at  all,  is  placed  beyond  sJl 
reasonable  doubt  by  the  passage  of  the  Digcit 
(44,  7,  1,  2)  in  which  the  sources  of  oontractaal 
obligations  in  Justinian's  time  are  enumerated. 
In  that  passage,  which  is  taken  from  another 
work  of  Gains,  we  read  *^  obligationes  ex  con- 
tractu aut  re  nascuntur  aat  verbis  sat  oon- 
sensa : "  and  the  **  aut  Uteris  "  which  Gaius  do 
doubt  originally  wrote  was  deliberately  sop* 
pressed  by  the  compilers  of  the  Digest,  so  ss  to 
bring   the    extract    into  agreement  with  th^ 
actually   existing  law   of  the  day.    (Sarignj, 
Verm,  Schriften,  1.  205  tq. ;  Gneist,  Die/ormeiUn 
VertrSge,  321  sq. ;   Rein,  Civiirechl,  p.  677  «?.: 
Voigt,  Jut  Naturaie,  iv.  74,  and  his  trestiw; 
£/e6fr  die  Bankiera,  die  BuchfOhrung  wd  d^ 
LittertUobligation  der  £6mer;   Keller,  fieitraf 
zu  der  Lehre  von  dem  rdm,  LUenU^ontracU  m 
Sell,  Jahrbiicher  1 ;  SchiUer,  Die  lUerarum  cUi- 
gatio  dee  dUeren  rdm,  Reckts,  1842 ;  Bnonamici, 
Sulle  literarum  dbligationea  in  dvitto  Bom(mo. 
Arch,  giurid.  xvi.  3  eg. ;   Padeletti,  ffistory  of 
JSaman  Law,  ch.  21,  note  6.)  [J.  B.  Mj 

OBLIGATIONES.  Obligatio  is  defined  br 
Justinian  {Tnet.  iii.  13,  pr.)  as  *' juris  vincnlom, 
quo  necessitate  adstringiraur  alicujns  solvendse 
rei,  secundum  nostrae  civitatis  jura : "  s  legsl 
bond,  with  which  we  are  boiud  by  a  necasity 
of  performing  some  act  according  to  the  laws  ot 
our  state.  It  is  thus  a  legal  relation  between 
two  ascertained  persons,  respectively  debtor  snd 
creditor  (using  these  terms  in  a  wide  sense),  in 
virtue  of  which  the  latter  is  entitled  to  a  certain 
act  or  forbearance  from  the  former.  Sometimes 
the  term  is  used  to  denote  specifically  the  right 
of  the  creditor  (e.g.  Inst,  iii.  28;  Dig.  ^*  ^' 
126,  2,  &c.)  or  the  duty  of  the  debtor  (/^* 
Dig.   12,  1,  6,  &Q.),  and  it  oocasionaUy  bear> 


OBLI6ATIONES 


OBLIGATIONES 


255 


ether  diTerg«nt  bot  cognate  meanings:  bnt  its 
prtiper  sagnitication  i&  that  which  has  been 
staud.  It  differs  from  the  legal  relations 
^itmplified  in  ownership,  servitudes,  or  posses- 
SMo.  in  that  it  inTolves  only  what  jurists  call 
rights  m  pertomam:  the  person  who  owes  the 
datT  is  specific  and  ascertained  from  the  outset, 
vb«reas  the  datj  owed  to  the  owner  of  property, 
frjt  to  interfere  with  his  proprietary  rights,  is 
cKvmbent  not  on  any  particular  person,  but  on 
ptnoDs  generally :  and  this  contrast  is  well  put 
bj  Pkuliu  in  Dig.  44,  7,  3,  pr. :  **  Obligationum 
whstantis  non  in  eo  consistit,  ut  aliquod  corpus 
nostrum,  aut  serritutem  nostram  faciat,  sed  ut 
alittm  nobis  obatringat  ad  dandum  aliquid,  vel 
bdeadom,  vel  praestandum/'  According  to 
tJM  Roman  riew,  the  relation  between  the  two 
ptrtias  is  strictly  personal :  the  right  is  the 
crtditor's,  and  the  duty  is  the  debtor's  only : 
a»ither  debtor  nor  creditor  can  be  really  changed 
vithoat  destroying  the  existence  of  the  oblig»- 
tioa  itself:  or,  as  has  been  said,  **  The  personal 
leUtaoo  in  an  obligation  according  to  the  Ko- 
mans,  is  so  essential,  that  its  active  or  passive 
trinsfcr — assignment  of  the  right,  assumption 
of  the  liability  by  another—cannot  in  any  way 
U  tiirectly  effected." 

The  result  of  an  obligatio  is  the  partial  sub- 
jection (in  law)  of  one  person's  will  to  another, 
the  dsbtor^s  freedom  of  action  being  partially 
limited  in  £sTour   of  the  creditor:    ** debitor 
mteiiigitnr  is,  a  quo  invito  pecunia  exigi  potest " 
(1%.  50,  16,  108>.    But  even  this  must  not  be 
taken  to  imply  that  the  creditor  can  in  all  cases 
«nforoe  his  light  by  action  at  law.     In  the 
Mrlier  period  of  the  Roman  legal  system  it  was 
otherwise:    obligation  and  actionability  went 
btad  in  hand ;  unless  there  was  an  action,  the 
obUgstion  had  no  legal  existence.     But  when 
the  ideas  of  equity  and  the  jw  getttnim  began  to 
giin  gnmad,  the  praetor  came   to    recog^e 
other  Ifgai  incidents  to  an  obligatio  than  action- 
ability, and  would  allow  the  creditor's  right  to 
ke  csfiDned  or  realised  in  other  ways.     Hence 
the  distinction  of  obligations  into  naturalet  and 
civUet:  advil  obligation  is  one  enforceable  by 
■ctioo;   a  natural    obligation    is    one  which, 
th<5i|h  not  actionable,  possesses  all  the  other 
*z»i  properties  of  obligationes  in  general.     For 
^cstsQce,  though  the  debtor  could  not  be  made 
V)  pay,  yet  if  he  paid  voluntarily,  even   by 
■istake,  he  could  not  recover  the  money  back 
00  the  ground  that  it  was  not  due  (Dig.  46,  1, 
16, 4X    So,  too,  a  debt  **  naturally  '*  owed  could 
be  set-off  against  an  actionable  claim  of  the 
^tor  agaiiMt  the  creditor  (Dig.  ib.  26^  and  it 
cbold  form  a  sufficient  basis  for  a  pledge,  a 
inuuintee,  or  a  novation  (of  which  something 
*^1  be  said  below).    The  causes  which  made 
obligations  natural  instead  of  civil  are  mainly 
two:  insufficiency  of  form   in  contracts,   and 
^^^vctave  capacity  of  legal  right  or  legal  action 
in  a  ptfty.    As  regar&  the  first,  agreements 
"pcordii^  to  Roman  law  were  actionable  only  if 
^^  were  expressed  in  a  definite  form,  or  else 
beUnisd  to  one  or  other  of  certain  specially 
^Toond  Hisses;  otherwise  they  were  called 
^'^  pacta ;  no  action  would  lie  on  them,  but 
T^  the  promiaee  might  get  and  retain  what 
vu  doe  to  him  in  other  ways.    As  regards  the 
^*^°Ad,  there  were  certain  classes  of  persons 
Wivfca  whom  thare  ooold  be  no  civil  obliga- 


tion. A  slave  could  not  be  bound  civiliier  to 
any  one,  but  was  capable  of  natural  obligation, 
and  similarly  no  one  could  be  bound  civUiUr  to 
a  slave.  So,  too,  between  pater-  and  filius- 
familias  there  could  be  natural  obligation  only. 
Lastly,  dcUis  obligatio  sometimes  became  noht- 
ra/is  by  operation  of  law  :  e,g.  through  the  rules 
as  to  limitation  of  actions,  or  capitis  deminutio 
(Dig.  4,  5,  2,  2). 

Another  division  of  obligations  is  based  upon 
the  character  of  the  legislative  organ  (so  to 
speak)  to  which  they  respectively  owe  their 
validity.  When  that  organ  was  the  mouthpiece 
of  the  civil  law  {e.<f.  the  comitia,  emperor,  or 
custom),  the  obligatio  was  said  to  be  dvilis  (in 
another  sense) :  when  it  was  the  praetor  or 
some  other  magistrate,  it  was  said  to  be  honxh' 
raria  or  praetoria.  And  sometimes  obligations 
are  classified  in  a  manner  more  proper  to  the 
actions  which  lie  upon  them,  as  either  atridi 
juris  or  bonae  fidei.  Personal  actions  of  the 
CoMDiCTio  class  were  atricti  juriSj  others  were 
bonae  fidei;  and  these  terms  were  transferred 
to  the  obligations  which  they  were  brought  to 
enforce.  Hence  the  contracts  which  were  as- 
cribed to  the  jtta  gentium  (with  the  exception 
of  mutwan)  are  sometimes  said  to  create  bonae 
fidei  obligations ;  e.g.  sale,  hire,  agency,  pledge, 
deposit,  and  others. 

Finally,  modem  writers  usually  divide  obli- 
gations into  unilateral  and  biiateral.  An  obliga- 
tion is  unilateral  when  only  one  of  the  parties 
is  bo  and,  as  where  A  lends  B  five  pounds :  the 
latter  alone  owes  anything.  It  is  bilateral 
where  duties  exist  on  both  sides,  as  in  a  contract 
of  sale,  where  the  vendor  has  to  convey  the 
thing  sold,  and  the  vendee  has  to  pay  the  price. 
But,  strictly  speaking,  every  obligation  is  uni- 
lateral, for  a  person  cannot  play  two  different 
r6le9  in  the  same  legal  relation:  so  that  the 
so-called  bilateral  obligations  are  in  reality  two 
separate  obligations  regarded  as  one  by  reason 
of  the  identity  of  their  origin. 

The  **obj<H:t"  of  an  obligation  is  always 
either  an  r  :t  or  a  forbearance ;  the  person  bound 
has  to  do  or  not  to  do.  If  A  agrees  to  sell  B  a 
horse,  B  has  in  law  no  right  to  the  horse  (for  in 
that  case  his  right  would  be  in  rem,  not  m 
personam) ;  all  he  has  a  right  to  b  a  conveyance 
from  A,  which  is  an  act.  Of  the  possible  objects 
of  an  obligation,  in  this  sense,  the  Romans  have 
no  scientific  classification  ;  the  nearest  approach 
to  one  is  that  suggested  in  the  passage  of  Paolus 
cited  above  into  ^tiones,  faetiones,  and  praestO' 
tiones.  But  this  originated  in  the  technicalities 
of  pleading  under  the  formulary  system,  and 
in  the  finished  law  of  Justinian  is  merely  a 
worthless  survival  of  an  older  and  obsolete 
procedure.  But  whatever  the  act  or  forbear- 
ance may  be  which  is  owed  under  an  obligation, 
it  is  subject  to  three  rules.  It  must  have  an 
appreciable  money  value  in  relation  to  the 
creditor:  **ea  enim  in  obligatione  consistere, 
quae  pecunia  lui  praestarique  possont"  (Dig. 
40,  7,  9,  2):  though  whether  this  rule  was  in 
force  under  Justinian  has  been  denied  by 
modem  writers  (e.g.  Windscheid,  Lehrbuch, 
§  251,  note  3 ;  Ihering,  Jahrbuch  fur  Dogmatiky 
xviii.  pp.  84-115).  It  must  be  liwfal,  and 
further  possible  both  in  nature  and  in  law :  and 
thirdly  it  must  be,  or  be  capable  of  being 
rendered,  aofficiently  definite ;   e^»  one  cannot 


256 


OBLIGATIONES 


OBLIGATIONES 


be  bound  to  do  jnst  as  much  as  and  no  more 
than  one  pleases  (Dig.  45,  1,  108,  1). 

Viewed  with  reference  to  the  facts  on  which 
the  law  operated  so  as  to  give  them  binding 
force,  obligations  arose,  according  to  the  Insti- 
tates  of  Gains,  from  Contract  and  Delict :  to 
these  he  adds  in  the  third  book  of  his  Aurei 
^Dig.  44,  7,  5)  *'variae  cansarnm  Bgurae,"  a 
source  which  in  Justiuian's  Institutes  is  repre- 
sented by  the  more  intelligible  heads  of  quasi- 
contract  and  quasi-delict.  Justinian's  enume- 
ration of  the  sources  of  obligations,  though 
hardly  exhaustive  and  not  scientifically  adequate, 
is  more  satisfactory  than  the  classification  of 
Modestinus,  who  in  Dig.  44,  7,  52  says  that 
obligations  arise  from  res,  verba,  consensus,  lex, 
jus  honorarium,  necessitas,  and  pecoatum.  To 
make  Justinian's  statement  at  all  a  good  one, 
the  term  contractus  must  be  taken  to  include  all 
agreements,  for  every  agreement,  if  Savigny  is 
correct,  gave  rise  to  at  least  a  **  natural "  obli- 
gation, though  by  Justinian  himself  it  is  used 
to  denote  only  certain  agreements  which,  owing 
to  their  form  or  nature,  were  actionable  under 
the  civil  law.  The  general  Roman  terms  sig- 
nifying '*  agreement "  are  conventio,  pactio, 
pactum:  "et  est  pactio  duonim  pluriumve  in 
idem  placitum  consensus"  (Dig.  2,  14,  1,  2). 
The  essential  element  here  is  the  consent  of  two 
^or  more)  wills,  but  this  was  not  enough,  in  the 
Roman  view,  to  make  a  contractus,  a  term 
differentiated  from  pactum  by  the  circumstance 
that  to  certain  agreements  (jpada)  a  ''civil" 
obligation  was  annexed  by  the  older  law  in 
virtue  either  of  their  nature,  or  of  their  being 
attended  by  some  other  fact  besides  the  mere 
fact  of  agreement.  An  unaccepted  promise,  or 
promise  without  agreement  {poUicitatiu),  gave 
rise  to  an  obligation  only  in  certain  cases  when 
made  to  a  municipal  corporation  (Dig.  50,  12, 
•3,  pr.),  and  where  vows  were  made  to  the  Deity 
or  pagan  gods  (Dig.  ib.  2,  pr.  and  1).  Action- 
able pacta  are  called  by  modern  writers  pacta 
vestita:  they  include,  firstly,  the  contracts 
recognised  by  the  older  law: — Nexum  (which 
is  not  treated  by  Gaius  or  Justinian),  and  the 
contracts  made  verbis  and  litteris,  re  and  con- 
sensu :  and,  secondly,  certain  agreements  which 
were  made  actionable  at  different  times  by  the 
edict  or  imperial  legislation  {pacta  praetoria 
and  legitifna).  Agreements  on  which  no  action 
lay  were  termed  by  the  Romans  pacta  nuda: 
''  nuda  pactio  obligationem  non  parit,  sed  parit 
oxceptionem  "  (Dig.  2,  14,  7,  4)  :  t>.  they  could 
be  relied  upon  in  defence,  e,g.  for  purposes  of 
set-off,  and  according  to  Savigny  possessed  all 
the  incidents  ofnaturalis  Migatio,  but  could  not 
be  sued  upon :  '*  ex  nudo  pacto  inter  cives 
RomanoB  actio  non  nascitnr  "  (Paul.  Sent,  rec, 
ii.  14,  1). 

Perhaps  the  oldest  of  the  Roman  contracts 
was  Nexum,  to  the  article  on  which  reference 
may  be  made.  But  there  were  two  other  very 
old  formal  contracts  which  had  a  longer  history, 
imd  of  which  we  have  far  fuller  knowledge, 
viz.  Stipulatio  and  Expensilatio  or  literal  con- 
tract. The  first  is  by  Gaius  and  Justinian 
identified  with  the  obligation  made  verbis,  which 
is  usually  taken  to  comprise  two  other  far  less 
important  formal  promises :  dotis  dictio  (Ulpian, 
£eg,  6,  2 ;  Cic.  pro  Flaoco,  35,  86 ;  pro  Caec, 
25,  72 ;  Terence,  Andr.  v.  4,  47 :  see  Doi)  and  j 


jurata  promissio  liberti  (Dig.  38,  1,  7:  see 
LiBERTUS).  Stipulatio  was  a  form  of  contract 
which  gave  rise  only  to  a  unilateral  obligation, 
the  promiscr  binding  himself  to  the  stip'ilator 
or  promisee  by  returning  an  oral  affirmatire 
answer  to  the  oral  question  of  the  latter  (Cic. 
pro  Caec.  3,  7).  Originally  the  only  terms 
which  could  be  used  were  spondesf  spondeo 
(Plant.  Capt.  iv.  2,  117),  and  the  strictest 
correspondence  between  question  and  answer 
was  insisted  upon :  moreover  in  this  form  no 
one  could  contract  except  Roman  citizens,  so 
that  peregrini  could  not  avail  themselves  at 
first  of  stipulation  at  all  (Gains,  iii.  93,  179). 
Later,  other  words  became  sanctioned  by  usage : 
e.g.  promittisi  promiito,  dabisf  faciesi  kc 
(Gaius,  iii.  93 ;  Inst.  iii.  15,  1),  by  employment 
of  which  the  form  was  made  accessible  to  aliens . 
and  in  Gaius*  time  Greek  equivalents  were 
permitted.  Similarly,  by  degrees  the  require- 
ment of  strict  and  literal  coiTespondence  between 
question  and  answer  was  dispensed  with,  and, 
owing  to  a  constitution  of  Leo,  A.D.  469  (Cod. 
8,  38,  10;  Inst.  1.  c),  the  law  allowed  in 
Justinian*s  age  the  use  of  any  terms  and  any 
language  whatever,  provided  the  parties  under- 
stood one  another:  by  which  time,  too,  it  had 
been  discovered  to  be  so  inconvenient  that  the 
proceedings  must  be  oral,  and  so  necessitated 
the  presence  of  the  parties,  that  the  original 
solemnities  of  stipulation  had  in  most  cases 
dwindled  down  to  a  written  memorandum  of  a 
promise  fictitiously  represented  as  having  been 
made  in  answer  to  a  preceding  question  (cautio% 
upon  which  an  action  would  successfully  lie 
unless  the  defendant  chose  dishonestly  to  rely 
upon  the  defence  that  the  contract  had  not  been 
made  (as,  strictly  speaking,  the  law  required) 
by  oral  question  and  answer  (^Inst.  UL  19,  17 
and  12).  The  value  of  such  cautiones  was 
merely  evidentiary :  oral  stipulations  were  pro- 
bably  always  made  in  the  presence  of  witnesses 
(Cic  pro  Rose.  Cotn.  5,  13),  which,  however, 
were  not  prescribed  by  law,  as  in  the  esse  of 
mancipations  and  nexum. 

Stipulation  is  not  so  much  a  peculiar  species 
of  contract  as  a  universal  contract  form :  a  form 
in  which  any  agreement  whatever  could   be 
concluded,  and  into  which  many  were  thrown. 
even  though  actionable  in  themselves  (e.g.  sales), 
on  account  of  the  superiority  of  the  remedy 
(condictio)  that  would  then  be  enforced.    Jus- 
tinian {Inst.  iv.  15,  7)  recommends  that  when- 
ever the  object  of  a  stipulation  is  other  than  the 
payment  of   a  sum   of  money,   it  should   be 
expressed  in  the  form  of  a  condition  to  a  bond : 
e.g.  **l{  you  do  not  do  so  and  so  for  me,  do  yon 
promise  me  so  much  ?  "    The  advantages  secured 
by  this  were  that  the  promisee,  if  the  condition 
was  not  fulfilled,  was  not  under  any  neoeisity  of 
proving  what  loss  he  bad  suffered  (Inst.  1.  c), 
which    perhaps  would  have  given    him  very 
inadequate  damages  ("  et  ad  exiguam  summ.ini 
deducitur,"  Dig.  46,  ^,  11),  and  that  the  grvnnd 
of  action  was  not  a  promise  to  do,  but  a  promise 
to  pay,  so  that  until  Justinian's  time  the  plain- 
tiff recovered  more  than  the  sum  actually  due 
by    means   of   the    penal  wager   involved  in 
condictio  ccrti  [see  Per  Condictiovex  Actio]. 

Various  grounds  are  stated  by  Gains  (iii< 
97-109)  and  Justinian  (Inst.  iu.  19)  on  which 
stipulations  were  void  (muiUes}f  some  of  whichy 


OBUGATIONES 

hovem,  ftflect  all  contracts,  and  not  stipulatioi^ 
<«]j.  Among  the  latter  are  impossibility  of 
perfonnanoe  (Gains,  iii.  97 ;  Inst,  iii.  19, 
1  aad  2),  impossible  conditions  (Gains,  iii.  98 ; 
IhsL  ib.  11),  and  the  elementary  principle  of 
law  tikst  a  contract  can  confer  rights  and 
b&pose  daties  only  on  those  who  are  parties  to 
it  (Guos,  iiL  103;  Inst.  ib.  3,  4,  19-21).  To 
ctipaUtion  alone  relate  the  rules  as  to  the 
correspoiidence  of  qaestion  and  answer  (Gains, 
;1 102 ;  Inst.  ib.  5),  to  the  incapacity  of  deaf  or 
dumb  penons  to  be  parties  (Gains,  iii.  105; 
Inst.  ib.  7X  and  to  the  necessity  of  the  parties 
UiBg  simoltaneously  present  with  one  another 
(<jaiQ8,  iii.  138 ;  Itut.  ib.  12).  Something  also 
B  Mid  upon  the  contractual  capacity  of  pupUli 
u4  ia/ontei,  as    to  which    see  Impubes  and 

LVFAXS. 

It  vas  not  nnnsnal  for  the  promise  to  be 
Bud«  on  the  stipulator's  behalf  to  a  second 
promisee  as  well  as  to  himself,  who  was  called 
tike  adsUpiUatory  and  was  a  kind  of  trustee  for 
ti^e  real  creditor.  He  could  ac<xpt  and  even  sue 
£»r  performance  of  the  promise  (Gains,  iii.  Ill), 
bat  could  be  compelled  by  actio  numdcUi  to 
delJTer  up  to  his  principal  or  the  latter's  heir 
ujrtkiDg  whidi  thereby  came  into  his  hands, 
aod  vas  liable  to  a  penal  procedure  under  the 
Ui  Aquilia  (Gains,  iii.  215)  if  he  fraudulently 
released  the  promiaer.  Some  peculiar  rules  as 
tj  sditipulatio  are  noticed  by  Gains  (iii.  114). 
Iti  object  was  to  facilitate  representation  of  the 
promisee  by  an  agent  in  an  action  at  a  time 
vka  attorneys  were  not  generally  allowed  for 
that  purpose,  and  to  enable  a  promise  to  be 
validly  made  of  performance  to  a  person  after 
ius  death,  which  otherwise  could  not  hare  been 
<2oae  till  the  time  of  Justinian  (Gains,  iii.  100 ; 
IvL  iiL  19,  13).  In  the  latter's  legislation 
^palatio  disappears,  both  of  the  purposes 
v'aith  it  had  serred  being  directly  attainable. 

Stipulation  was  also  perhaps  the  commonest 
tBode  in  which  the  contract  of  suretyship  was 
Bude.    [See  bTTEBCEflBlO.] 

for  Lxpensilatio,  or  literal  contract,  see  the 
uticle  on  Oblxgatio  Litterabux.  The  *^  real  '* 
(^^Btrscts,  those  in  which  the  obligation  is 
g«*nt*d  rc,  Le.  by  delirery  of  property  or 
P<>iseiiion,  are  four  in  number,  Tiz.  two  Tarieties 
"f  kan,  MirrnuM  and  Commodatum,  Deposit 
P^EnicrruM]  and  Pledge  [PiONUS].  Both  Gains 
aaj  Joitioian  also  speak  of  the  duty  of  a  man 
^  repaj  money  paid  to  him  in  the  mistaken 
Ulief  that  he  could  legally  claim  it  as  '<real," 
tiioogb  (Gains,  iii.  91 ;  Infit.  iu.  14,  1)  they 
^tat«  to  attribute  to  it  a  contractual  character, 
«ad  later  in  the  Institutes  (iii.  27,  6)  Justinian 
eamoerates  it  among  quasi-contractual  obliga- 
tions. 

^CoBsensuiil  Contracts,  agreements  on  which 
u  action  lay  in  rirtue  of  the. mere  consent  of 
t^  parties  (Gains,  iii.  136 ;  Inst,  iii.  22),  apart 
^  all  form,  are  sale  [EXPTIO  Venditio],  hire 
>Cjltio  OoNBUcno],  partnership  [Societas], 
wd  agency  [MA3IDATUM  ].  With  regard  to  the 
^  it'ihould  be  observed  that  where  an  agent 
^^  a  contract  on  behalf  of  his  principal,  the 
^joaft  Uw  nerer  allowed  the  latter  to  sue 
^i^«^ly  on  it ;  but  only  as  the  assignee  of  his 
'^  Heat  (Dig.  3,  3,  68;  41,  2,  49,  2>  The 
^^y  txoeption  to  this  was  where  the  agent  was 
^'  prioopars  fiUusfamilias ;  and  this  was  due 

VOU   IL 


OBLIGATIONES 


257 


to  the  rule  that,  as  persons  in  potestas  are 
incapable  of  proprietary  rights,  rights  acquired 
by  them  ex  contractu  vest  immediately  in  their 
dominus  or  paterfamilias.  The  dominus  could 
not  sue  on  contracts  made  by  his  slare,  for  they 
gave  rise  to  naturalis  obiigatio  only,  but  he  was 
entitled  to  any  adrantage  otherwise  derivable 
from  them ;  on  those  made  by  his  son  in  power 
the  paterfamilias  had  an  action:  the  modifica- 
tions of  this  principle  by  the  development  of  the 
doctrine  ofpeculium  are  described  under  Patria 
Potestas.  Manus  and  Mancipium  were  also 
conditions  which  vested  in  the  superior  the 
benefit  arising  from  contracts  made  by  the 
inferior:  see  Gains,  iii.  163-167,  and  Inst,  iii. 
titles  17  and  28. 

Among  the  agreements  which  were  actionable 
without  being  termed  contractus  by  the  Romans, 
the  first  place  is  to  be  given  to  the  so-called 
Innominate  Contracts,  which  were  a  development 
of  the  principle — in  reality  part-performance — 
involved  in  the  obligations  arising  re.  The 
simple  reason  why  the  borrower  in  a  Mutuum 
(e.g.)  or  the  pledgee  in  a  Pignus  was  bound  by  a 
civil  obligation  was  that  the  other  party  had 
first  done  all  he  had  engaged  to  do.  Apparently 
owing  to  the  influence  of  the  jurist  Labeo,  a 
more  general  application  of  this  principle  shortly 
after  the  fall  of  the  Republic  gave  a  great 
extension  to  the  Roman  contract  system;  and 
by  a  gradual  development  it  was  at  length  held 
that  every  agreement  (even  though  not  belong- 
ing to  any  of  the  hitherto  established  classes  of 
contract),  in  which  an  act  on  the  one  side  was 
the  consideration  for  an  act  on  the  other,  was 
enforceable  by  action  at  the  suit  of  that  party 
who  had  done  all  to  which  he  was  bound  under 
its  terms  (Dig.  2,  14,  7,  2).  Such  agreements 
are  by  modern  writers  termed  Innominate 
Contracts  because  they  have  no  specific  names, 
such  as  Sale,  Pledge,  itc\  their  characteristic 
marks  are  mutuality  and  part-performance : 
until  one  of  the  parties  has  done  what  he  has 
engased  to  do,  no  action  lies,  whereby  they  are 
clearly  distinguished  from  the  contracts  which 
are  actionable  in  virtue  of  the  mere  fact  of 
agreement  (Dig.  19,  4, 1,  2),  By  Paulus  they 
are  roughly  classified  according  to  the  possible 
acts  which  might  be  the  consideration  for  one 
another  respectively  (**  aut  enim  do  tibi  ut  des, 
ant  do  ut  facias,  aut  facio  ut  des,  aut  facio  ut 
facias,"  Dig.  19,  5,  5,  pr.):  but  the  most  usual 
clue  to  them  is  the  mention  of  the  actio  (civilis 
in  factum^  or  praescriptis  verbis)  by  which  the 
party  who  had  performed  could  exact  counter- 
performance  or  recover  damages  from  the  other 
(e.g.  Inst.  iii.  24,  1  and  2);  If  the  part- 
performance  had  consisted  in  conveyance  of 
property  (dare),  the  plaintiff  might,  as  alterna- 
tive to  the  actio  praescriptis  verbis,  redemand 
what  he  had  conveyed  by  the  older  remedy 
known  as  *'condictio  causa  data  causa  non 
secuta"  (Dig.  12,  14,  3,  2).  The  commonest 
examples  of  Innominate  Contract  are  exchange 
(Permwtatio,  Inst.  iii.  23,  2);  Aestimatum,  the 
acceptance  of  property  valued  at  a  certain 
maximum  under  the  condition  of  either  return- 
ing it  or  paying  the  price  at  which  it  is  valued 
(Dig.  19,  13,  1,  pr.) ;  Transactio,  or  compromise 
(Dig.  2,  15 ;  Cod.  2,  4) ;  and  Precarittm,  or  per- 
missive occupancy  (Dig.  43,  26,  19,  2).  But  the 
practical  value  of  the  actio  praescriptis  verbis  is 

8 


258 


OBLIGATIONES 


beat  realiaed  in  cases  which  cannot  certainly  be 
regarded  as  within  the  principle  of  any  named 
(i,e.  Real  or  Consensual)  Contract,  and  in  which 
the  jurists  say,  **iutiu8  esse,  praescriptis  verbis 
agere"  (Dig.  19,  3,  1,  pr.;  4,  3,  9,  3,  &c.). 
T^iis  extension  was  apparently  doe  to  juristic 
action.  Other  agreements,  as  has  been  observed 
above,  were  made  actionable  by  the  praetor  or 
by  the  emperor.  The  chief  pacta  praetaria  are 
Constitutum  [Intercessio],  Hypotheca  [PiQ- 
KUS];  Receptum  arbitrii,  the  agreement  to 
refer  a  dispute  to  arbitration  (Dig.  4,  8);  and 
Receptum  nautarum,  cauponum,  &c,  the  obli« 
gation  (qwisi  ex  contractu  rather  than  contrac- 
tual) of  innkeepers,  shipowners,  and  others  in 
similar  positions,  to  be  answerable  for  the  safe 
custody  and  restitution  of  property  put  under 
their  charge  and  control  (Dig.  4,  9,  1,  pr.,  &c.). 
Of  the  pac^  (egitima  first  made  actionable  by  the 
emperors,  the  chief  example  is  Dokatio  :  com- 
pare also  the  legislation  of  Zeno  on  the  subject 
of  EuPHTTBDSiS.  It  is  also  usual  to  enumerate 
among  pacta  vestUa  what  civilians  call  pacta 
adjecta :  subsidiary  conventions  annexed  to  an 
agreement  remedied  by  bonae  fidei  action,  and 
themselves  enforceable  by  that  action  if  entered 
into  substantially  as  part  of  and  at  the  same 
time  with  the  main  agreement  {ex  contm^nft), 
even  though  expressed  in  the  guise  of  a 
condition.  For  instance,  if  A  agreed  to  buy 
B's  house  on  condition  that  the  latter  put  it  in 
repair,  this  condition  would  itself  be  construed 
as  a  promise ;  and  an  action  would  lie  for  its 
breach,  the  contract  being  consensual :  had  the 
transaction  been  Stipulatio  or  Mutuum  (on 
which  the  action  was  stricti  juris),  it  would 
have  been  otherwise  (Dig.  2,  14,  7,  5 ;  ib.  7 ; 
19,  1,  13,  30 ;  19,  5,  6 ;  18,  1,  75). 

Obligationes  arising  quasi  ex  contractu  are 
illustrated  in  the  Institutes  (iii.  27)  and  in 
Dig.  44,  7,  5  by  Negotiorum  gestio  [Nroo- 
TioBUM  Qestorum  Acho],  the  relation  of 
guardian  and  ward  [Cubatob,  Tutor],  joint- 
ownership  arising  from  gift,  inheritance  or 
legacy,  &c  In  all  these  cases  the  partv 
or  parties  are  bound  by  an  obligation,  though 
not  under  any  express  agreement;  but  the 
circumstances  being  more  analogous  to  Contract 
than  to  Delict,  the  obligation  is  said  to  be 
quasi-contractual . 

Obligationes  arising  from  Delict  denote  the 
vincuium  juris  which  the  law  creates  in  certain 
cases  of  wrong-doing  between  the  injured  person 
and  the  delinquent.  As  soon  as  a  '*  delict,"  in 
the  Roman  sense,  is  committed,  the  wrong-doer 
is  '*  bound  "  to  the  man  he  has  wronged,  to  pay 
him  a  penalty ;  and  where  the  act  is  one  which 
causes  loss  of  or  damage  to  property,  he  is  also 
bound  to  indemnify  the  person  on  whom  such 
loss  or  damage  falls.  Such  delicts  are  four  in 
number,  viz.  Theft  [FurtumJ  Robbery  [Bona 
Vi  Rapta  or  Rapina],  Damage  to  property 
[Damnum  Injuria  Datum],  and  Assault,  Libel, 
Slander,  &c.  [Injuria].  Quasi-delictual  obliga- 
tions are  illustrated  in  the  Institutes  (iv.  5)  by 
instances  of  two  kinds:  cases  of  vicarious 
responsibility,  imposed  on  a  man  because  he 
employs  careless  or  dishonest  servants  (e.g.  Inst, 
iv.  5,  3),  or  because  it  may  be  difficult  to 
ascertain  the  real  offender  (ib.  1  and  2),  and 
wrongs  which  result  iiirectly  from  a  man's  own 
culpa  or  doiuSf  but  which  do  not  come  under  the 


OBLIGATIONES 

definition  of  any  of   the  foor  delicts  proper 
(t6.  pr.). 

Hitherto  obligations  have  been  spoken  of  as 
existing  between  two  parties  only;  bat  to  the 
same  obligation  there  may  possibly  be  two  or 
more  debtors,  or  two  or  more  creditors,  all  oS' 
whom  are  comprehended  under  the  general 
name  of  rei  (Cic  de  Orat  ii.  43,  183)l  Two 
distinct  forms  of  such  plurality  of  parties  are 
found  in  the  Roman  law,  called  b?  moderc 
writers  Solidarity  and  Correality.  Solidarity  U 
mainly  passive :  one  creditor  is  entitled  against 
two  or  more  debtors  by  different  obligaiion^T 
but  these  obligations,  though  different  from  ouf 
another,  have  one  and  the  same  act  or  forbear- 
ance as  their  object :  so  that  when  that  object 
is  once  attained  by  the  performance  of  one  of 
them,  all  the  rest,  having  no  longer  any  object, 
cease  ipso  facto  to  exist.  For  instance,  where 
two  persons  jointly  commit  a  delict — e.g,  break 
a  man's  windows — the  obligation  to  m&ke  com- 
pensation (though  not  that  to  pay  the  penalty 
prescribed  by  law)  is  of  this  nature :  as  aoon  35 
one  has  paid  for  mending  the  windows,  th*.' 
other's  liability  is  at  an  end  (Dig.  2,  10,  1,  4 ; 
4,  2,  14,  15,  &c.).  Other  examples  of  solidary 
obligation  are  found  in  the  liability  of  co-tutors 
for  dolus  and  culpa  in  the  discharge  of  their 
duties  (Dig.  16,  3,  1,  43^  and  in  those  cases 
where  two  or  more  persons  jointly  incur  duties 
ex  contractu  without  becoming  correi  (t.z- 
Dig.  17,  1,  60,  2;  16,  3,  1,  43 ;  13,  6,  5,  13). 
Correality  resembles  Solidarity  in  the  identitr 
of  the  obligation-object  which  is  owed  to  one 
creditor  by  several  debtors,  or  by  one  debtor  to 
several  creditors ;  but  it  differs  in  that  there  v^ 
also  but  one  obligation :  there  is  but^  one  sinele 
vinculum  juris  by  which  the  debtor  and  the 
creditors,  or  the  creditors  and  the  debtor,  are 
bound  to  one  another ;  so  that  any  act  or  erent 
which  extinguishes  that  single  obligation  be- 
tween the  creditor  and  one  of  the  debtors,  or 
between  the  debtor  and  one  of  the  creditors/ 
puts  an  end  to  it  between  them  all.  Correal 
obligation  arose  most  commonly  from  contrs(t, 
usually  stipulation  in  the  form  described  in 
Inst.  iii.  16,  pr. :  but  it  could  also  be  created  in 
a  testament,  by  the  testator  charging  a  bequest 
on  one  or  other  of  his  heirs  in  the  altematir^ 
(Dig.  30,  8,  1),  and  similarly  in  a  bankinc 
partnership  the  soon  were  liable  correaUin'  on 
all  their  business  transactions,  whether  entered 
into  by  one  or  all  of  them  (Dig.  2, 14,  9,  pr.). 

Of  the  modes  in  which  obligations  could  be 
extinguished  (which  extinction  is  commonly 
expressed  by  solvere  in  the  general  sense  of 
loosing  or  releasing.  Dig.  42,  1,  4,  7  ;  50,  16, 
47;  ib.  176),  the  first  to  be  notioed  is  per- 
formance (<*solutio  stricto  sensit").  So  far  as 
the  release  of  the  debtor  was  conoemcd,  it  was 
immaterial  from  whom  performance  proceeded-^ 
whether  from  himself  or  from  some  third  person 
(Gaius,  iii.  168).  Whether  he  was  equally  dis- 
charged by  what  is  called  datio  in  so/vIwh,  the 
acceptance  by  the  creditor  of  something  other 
than  what  was  really  owed  in  lieu  of  it,  had 
been  disputed  between  the  two  schools  of  iurists : 
the  Sabinians,  whose  view  was  eventually  coo- 
firmed  by  Justinian  {Inst.  iii.  29,  pr.),  answered 
in  the  affirmative,  while  the  Proculians  hell 
that  in  law  the  debtor  remained  bound,  thoueh 
1  if  sued  be  could  successfully  meet  the  creditor*i 


0BU6ATIOKES 

ictioi  bf  the  plea  of  fnud  (excepHo  doli  malt). 
Second! J,  oertain  obligations  could  be  properly 
dttcfatfged  only  bj  an  ^  ixnaginaria  solutio  per 
tes  et  libiam  "  (Gaiua,  iti.  173-175):  for  these 
nfereooe  maj  be  made  to  the  article  on  Nezum. 
A  third  mode  of  extinction  was  Acceptilatio,  a 
tVinntl  release  from  an  obligation  incurred  by 
ftipnktion  only  (Terence,  Adelph,  ii.  1,  10),  and 
exprmed  in  a  solemn  corresponding  form   of 
GQestioD  and  answer — **Quod  ego  tibi  promisi 
htbesne   aeoeptnm  ?        Habeo  :     oonsentaneum 
eoim  Tisnm  est,"  says  Gains  (iii.  170),  **  verbis 
fscUn  obligationem  posse  aliis  verbis  dissolri." 
Bat  though  Acoeptilatio  was  specialised  to  the 
discharge  of  obligations  created  eertu,  a  liability 
i&cured  in  any  other  way  whatsoever  could  be 
tnosfonned  by  Novatio  (of  which  below)  into  a 
Tcrbsl  obligation,  and   then  released    in  this 
mt&ner  (Gains,  iii.  170;  Inst.  iii.  29,  1):  and 
tli«  jarist  Gallns   Aquilius  devised  a  compre- 
iman  formula,  called  the  Stipulatio  Aquiliana 
{luL  ib.  2X  by  which  all  obligations  in  which 
one  sad  the  same  person  was  debtor,  and  another 
rA  the  same  creditor,  could  be  embraced  in  a 
.*iagle  wmcttio^  whereby  they  were  converted  into 
a  tingle  obligation,  which  could  then,  if  required, 
b*  discharged  by  Acceptilatio :  **  Quidquid  tibi 
holiemo   die    per    Aquilianam     stipulationem 
ap»p<mdi,  id  owne  habesne  acceptum?    Habeo, 
».Y«ptamqae  tuli  "  (Inst.  iii.  29,  2,  after  Floreu- 
tinv  in  Dig.  46,  4,  18,  pr.  and  1).     Novation, 
vhick  hss  already  been  more  than  once  referred 
t«,  is  the  extinction  of  one  obligation  by  the 
nbstitcition  for  it  of  another  (Dig.  46,  2, 1,  pr.). 
Originallr  this  could  be  effected  in  two  ways  :  by 
Tnascrip'tio  (Gaiaa,iii.  128-130:  see  Obuoatio 
LnTER^uif)  and  Stipulation  :  but  the  former 
M  gone  out  of  use  long  before  Justinian's  time, 
ni  perhaps  even   as  early  as  that  of  Gains. 
^  <ad  in  view  in  a  Novation  was  sometimes 
to  chiage  one  of  the   parties  to  a  subsisting 
cbH^tion,  is  where  A  stipulates  from  B  for 
ptyoent  to  him  of  a  debt  due  to  himself  from 
C  [change  of  debtor^  or  where  C  (with  B's  oon- 
<»t)  itipalates  from  A  for  pa\'ment  to  himself 
<d  I  debt  owed  by  A  to  B  (change  of  creditor) : 
^  more  commonly  perhaps  it  was  to  alter  the 
Bi^VR  of  a  subsisting  liability  by  converting  a 
ntl  or  eoBsensnal  into  a  verbal  obligation  (so  as 
^  substitute  a  siricti  juris  for  a  bonae  fdei 
vtion)^  or  by  modifying  ita  terms.    It  was  im- 
■aterial  whether  the  obligation  **  novated  "  was 
<^^  or  futtero/ts,  and  the  obligation  created  by 
th€*<iMfMttng''  contract  would  extingruish  the 
oH  one  even  though  itself  naiuralis  only  (Gains, 
iii^  176;  Inst,  ui.  29,  3).     Whether  an  absolute 
o^i^ttioB  was  extinguished  at  once  by  a  con- 
ditional novating  stipulation  was  at  one  time  a 
qocition:  the  great  jurist  Servins  Snlpidus  had 
^  that  extinction  ensued  even  though  the 
^^tioB  of  the  novating  contract  was  never 
fclfilkd,  but  Justinian  confirmed  the  view  up- 
teld  by  Gains  (iii.  179),  that  the  old  obligation 
'^'^'^t^  until  the  condition  of  the  new  one  was 
^Ikd,  but  that  if  the  creditor  sued  upon  it 
Wo«  such  fulfilment  he  could  be  repelled  by 
^^^n^doH  or  jMc«(Dig.  23,  3,  50;  Inst.  iii. 
•^T  3).    He  also  enacted  that  in  order  to  effect 
*  MTikioD  the  parties  to  the   contract  must 
«ip««ly  sUU  this  as  their  intention. 

^oa  Qt.  108)  tellA  us  that  under  the  old 
poetdue  by  l^gU  actio  no  second  action  could 


OBLIGATIONES 


259 


ever  be  brought  on  the  same  ground,  so  that 
obligations  were  extinguished  by  being  sued 
upon:  and  also  (iii.  180)  that  under  the  for- 
mulary system  of  procedure  the  same  result 
ensued  from  litis  contestatio  or  joinder  of  issue, 
if  the  action  belonged  to  the  class  of  Judicia 
legitima:  litis  contestatio  thus  having  a  quasi- 
novative  effect,  and  substituting  for  the  original 
obligation  a  new  liability  on  the  defendant  to 
be  condemned  if  the  plaintiff  proved  his  cose 
(Gains,  iii.  181) ;  though  according  to  Dig.  12,  6, 
60,  the  old  obligation  was  not  really  destroyed, 
but  continued  to  exist  nattiraliter.  The  judicia 
which  were  not  legitima  litis  contestatio  did  not 
destroy  the  obligation,  but  if  the  plaintiff  sued 
on  it  a  second  time  he  could  be  defeated  by 
exoeptio  rei  in  judicium  deductae  or  reijudicatae 
(Gaius,  iv.  106).  When  the  formulary  system 
was  superseded  (a.d.  294),  litis  contestatio  ceased 
to  have  this  operation  in  any  case,  though  if 
the  action  had  been  decided  on  its  merits  the 
exoeptio  rei  judicatae  was  as  powerful  to  repel  a 
second  suit  as  before  (Inst.  iv.  13, 5).  [See  the 
article  on  Litis  Contestatio.]  Justinian  also 
observes  (Inst.  iv.  29,  4)  that  the  obligation  of 
a  consensual  contract  could  be  extinguished  by 
oontraria  voluntas,  i.e.  by  the  parties  agreeing  to 
be  off  their  bargain,  provided  neither  had  done 
anything  in  execution  of  his  side  of  it  (re  tn- 
tegra):  such  an  agreement,  when  the  res  was 
no  longer  integral  had  not  the  same  effect,  but 
operated  as  a  new  contract,  which  bound  the 
party  in  whose  favour  performance  had  taken 
place  to  restore  the  other  in  statum  quo,  but 
which  was  unable  to  affect  injuriously  rights 
acquired  under  the  original  agreement  by  third 
persons  (Dig.  2,  14,  58). 

There  were  other  modes  in  which  obligations 
were  discharged,  and  of  which  no  mention  is 
made  in  the  Institutional  works  of  Gaius  and 
Justinian:  e.g.  physical  impossibility  of  per- 
formance arising  ex  post  facto  without  default 
of  the  debtor  (Dig.  46,  3,  92) :  in  some  cases 
CONFUSIO  (Dig.  ib.  95,  2);  and  sometimes  death 
of  one  of  the  parties  to  a  contract,  as  in  societas 
(Inst.  iii.  25,  5)  and  mandatum  (ib.  26,  10). 
The  obligation  to  pay  a  penalty  on  a  delict  was 
also  destroyed  by  the  delinquent's  decease,  and 
those  involved  in  the  actiones  furti  and  injuri- 
arum  were  dissolved  ipso  jure  by  "  pactum  de 
non  petendo  "  or  agreement  not  to  sue  (Dig.  2, 
14,  17.  1). 

A  few  words  are  necessary  on  the  transfer 
inter  vivos  of  the  rights  and  liabilities  in  an 
obligation.  The  latter  could  in  no  way  be 
transferred  without  the  creditor's  assent,  and 
then  only  by  means  of  a  novatio,  the  old  obliga- 
tion being  destroyed,  and  a  new  one  with 
different  parties  taking  its  place.  Similarly  the 
creditor's  right  could  be  transferred,  with  the 
debtor^s  co-operation,  by  substituted  agreement ; 
but  without  such  novation  he  had  no  means  of 
assigning  his  right  so  as  to  enable  the  assignee 
to  sue  in  his  own  name,  or  indeed  to  sue  at  all 
till  the  introduction  of  the  formularv  procedure. 
After  this  the  assignee  could  bring  his  action  as 
the  assignee's  agent  and  in  the  tatter's  name 
(Gaius,  ii.  39 ;  iv.  86),  but  subsequently  he  was 
enabled  to  sue  in  his  own  name  by  actio  uUlis 
(Dig.  3,  3,  55  ;-.Cod.  4,  15,  ult. ;  6,  37,  18). 
The  Roman  law,  however,  apparently  never 
recognised  a   genuine  assignment  of  rights  in 

8  2 


260 


OBOLUS 


personam,  by  which  the  assignee  simply  and 
actually  stepped  into  the  shoes  of  his  assignor, 
who  simultaneously  dropped  altogether  out  of 
the  matter. 

(Gains,  iii.  88-225;  Inst,  iii.  13— ir.  6;  Dig. 
2,  14;  44,  7;— Cod.  4,  10;  Savigny,  ObUga^ 
tionenrecht ;  Unterholzner,  Quellenmassige  Zuaam- 
menstellung  der  Lehre  dea  rSmischen  RechU  oon 
den  Schuldtferkaltnissen,  Leipzig,  1840.  Re- 
ference may  also  be  made  to  the  part  on  Obliga- 
tions  in  the  works  of  the  leading  modem  civi- 
lians, such  as  Vangerow,  Windscheid,  Ortolan, 
Thibaut,  Arndts,  Baron,  Puchta,  and  to  Dr. 
Brans'  article  on  the  modem  Roman  law  in 
HolzendorfiTs  Encyclopadie  (4th  edit.),  pp.  458- 
509.  Compare  also  for  some  points  only  slightly 
touched  on  in  this  article  Excursus  v.,  vii.,  viiL 
and  iz.  in  Mr.  Moyle's  edition  of  the  Institutes 
of  Justinian.)  [J.  B.  M.] 

O'BOLUS  (ifio\6s)  was  the  sixth  part  of  a 
drachm  [see  Pondera,  Drachma],  whether  as 
weight  or  coin.  As  a  silver  coin  the  obol  was 
in  circulation  in  Greece,  Asia,  and  the  West  from 
early  times,  as  well  as  its  multiples  the  tetrobol, 
triobol  (hemidrachm),  and  diobol.  In  the  sixth 
and  fifth  centuries  B.C.  the  fractions  of  an  obol, 
the  hemiobol,  tetartemorion,  &c.,  were  issued  in 
silver  at  Athens  and  other  cities.  About  B.c. 
400  copper  coin  began  to  be  in  use,  and  the 

obolus  and  its  parts  were 
issued  in  that  metal. 
As  an  instance  we  figure 
a  copper  coin  of  Meta- 
pontum,  identified  as  an 
^.   .      , ,.  obolus  by  its  inscription. 

""K'SSrr   The  meulralu.  of  th. 

obolns  varied  according 
to   the  standard   followed   in   its  striking;   it 
would  be  between  one  penny  and  twopence,    in 
Athens  the  obolus  contained  8  xa\ico(.    [P.  G.] 
OBSIDIONA'LIS  COB(yNA.    [Corona.] 
OBSCKNIUM.    [Opson.] 
OCCA'TIO.    [Aqricultura,  Vol.  I.  p.  63.] 
OGGUPATIO  U  the  advisedly  taking  pos- 
session of  a  thing  which  belongs  to  no  one  (rea 
nu//itt$),  with  the  intention  of  appropriating  it : 
the  property  in  it  is  thereby  ipso  facto  vested 
in  him  who  takes  possession  (Cic.  de  Off.  i.  7, 
21):    <*quod   nuUius  est,   id  ratione   natnrali 
occupanti    conceditur "  (Dig.    41,   1,  3,   pr.). 
Hence  (following  Gains,  ii.  66,  and  also  in  the 
passage  just  cited)  Justinian  enumerates  oocu- 
patio  in  his  Institutes  as  one  of  the  adqui^iones 
naturalea,  or  modes  of  acquiring  property  recog- 
nised practically  among  all  peoples,   as  being 
based  on  the  jtts  gentium  or  naturaie.    Among 
the  things  of  which  one  can  become  owner  in 
this  fashion  are  wild  animals,  birds,  bees,  and 
fishes  (Inst.  ii.  1,  12-16),  enemies*  property  on 
Roman  soil  (i6.  17),  stones  and  pebbles  found  on 
the  sea-shore  (»6.   18),   islands  which   rise  in 
the  sea  (i&.   22),   treasure   trove  (t6.  39),  and 
rea  dereiictacy  property  abandoned  by  its  former 
owner  (ib.  47).  [J.  B.  M.] 

OOHLOGRATIA  (ix^oKparia),  the  do- 
minion of  the  rabble,  or  mob-tyranny,  a  name 
of  later  origin  than  the  time  of  Aristotle,  and 
applied  to  that  perversion  of  a  democracy  which 
extends  the  idea  far  beyond  that  of  a  state 
where  all  have  equal  legal  rights  and  equal 
franchise,  so  that  the  natural  and  wholesome 
inequalities  of  society  were  removed  or  counter- 


OCBEA 

acted  by  the  introduction  of  devices,  inch  sr 
paying  citizens  for  attendance  in  the  popular 
assembly,  or  increasing  the  number  and  re* 
stricting  the  duration  and  authority  of  pobUc 
offices.  Hence  the  exercise  of  all  the  highest 
functions  of  government  came  to  be  practically 
in  the  hands  of  a  mere  faction,  consisting  of  the 
lowest  and  poorest,  though  most  numerous, 
class  of  citizens,  who  were  thus  tempted  t< 
adopt  as  their  avocation  that  which  they  wonlJ 
formerly  have  delegated  to  others;  and  the 
state  came  to  be  regarded  as  a  property  of  which 
each  citizen  was  entitled  to  an  equal  share.  In 
some  respects  therefore  it  most  nearly  represents 
the  modem  idea  of  a  socialist  state.  Thoogb, 
however,  as  was  said  above,  Aristotle  does  nc-t 
recognise  the  term,  we  may  find  perhaps  his 
conception  of  the  ochlocracy  in  his  **  extreme 
democracy"  (rtkwvreda  9iifAOKparia).  He  ssy^ 
of  this  that  it  corresponds  to  the  extreme  oli- 
garchy or  iwaartia  {Pol.  iv.  5,  p.  1292  b); 
and  he  defines  it  as  a  democracy  which  over- 
rides the  constitution :  itipiov  mXwoi  rh  vX^at 
Kcd  /i^  rh¥  y6fAo»  (whereas  in  hia  other  kinds  oi 
democracy  it  is  in  each  case  K^civ  ii  rhv  w6fur) 
rovTo  9k  ytyyrrai  t/roM  rd  y^n^lffiaaera  Kvpta  } 
AAAd  fiii  6  v6iior  ovftficdvMi  tk  rovro  9tik  rws 
Svifuiyttyovs.  Here  we  have  no  oonatituticn^ 
except  that  which  may  be  formed  and  re-formed 
from  hour  to  hour  by  the  hasty  legislation  of 
the  masses,  following  impulse  or  the  voice  of  the 
popular  leaders :  it  is  clear  that,  if  this  is  not 
exactly  the  6x?<oKpoTla  described  above,  it  woola 
soon  ws  into  it.  [C.  P.  M.]    [G.  E.  M.j 

O'CBEA  (Kwifils)t  a  greave,  a  legging.  A 
pair  of  greaves  (jcnf/u8«f)  was  one  of  the  sii 
articles  of  armour  which  formed  the  complete 
equipment  of  a  Greek  or  Etruscan  wsrrior 
[Arma],  and  likewise  of  a  Roman  soldier,  »$ 
fixed  by  Servins  Tnllius  (Liv.  i.  43>  The  gresTes 
were  sdways  'put  on  before  the  thorax,  which 
made  it  difficult  to  bend  the  body  (77.  iii  330. 
&c).  In  the  Homeric  poema,  ciicHi^uSff  is  ^ 
standing  epithet  of  the  Achaeans,  and  proves 
the  general  use  of  the  greave.  The  Homeric 
greaves  were  usually  made  of  bronze  (Ii  vii.  41, 
XoAKoiei^/uScs).  The  greaves  of  Achilles  (//. ' 
xviii.  613,  xxi.  592)  are  said  to  be  made  of  tii  | 
(icatf'WreAosX  <iDd  "  rang  terribly  "  (77.  izi.  5$3, 
a-fi€p9a\4o¥  icovd/iifo'cX  a  statement  which  hai 
caused  difficulty,  as  tin  does  not  resound  whea 
stmck.  Heibig  (Homeriachea  Epoa,  p.  1^) 
suggests  either  that  tin  was  an  unfamiliar  metal 
to  the  poet,  or  that  the  greaves  were  made  of 
bronze,  plated  with  tin.  The  Homeric  grearct 
were  sometimes  ^  fitted  with  silver  anklets " 
(iipyvp4ouraf  Irur^vploiSt  H.  iii.  331,  xi.  IcV 
&C.),  which  were  perhaps  the  ring-like  nurgios 
at  the  bottom  of  the  greave  (see  illoftrstioa 
below). 

In  historical  times,  bronze  was  the  s^^I 
material,  as  shown  by  the  specimens  discovered. 
In  poetical  passages  greaves  are  described  ss  of 
orichalc  (Hes.  Scut.  122),  silver,  electrom,  sa** 
gold  (Verg.  Aen.  vii.  634,  viu.  624,  xi.  488). 

Greaves  frequently  had  a  lining,  probsbly  of 
leather,  felt  or  cloth.  Traces  of  leather  were 
found  in  a  specimen  from  the  Crimea  {Antiq-  ^i 
Boap.  Ci'mm.,  pi.  xxviii.,  fig.  8;  i.  p.  l^^)i  *°^ 
many  specimens,  in  the  British  Moseam  sod 
elsewhere,  have  a  row  of  small  holes  round  the 
edge  for  the  attachment  of  the  liaiog  (c^-  "^ 


OCBEA 

m^riag  s.  v.  OlLBA).  Another  method  of 
:»iD);  Che  grave  10  the  leg  ao  u  not  to  hurt  it 
tu  bf  the  iDterpoeition  of  i  kind  of  ipooge 
<aX^^^>*lX  vhich  wmA  al»  tioed  for  the  LJDiDg 
vfhclmeti.  AiiiUtle  (Ifiit.  An.  v.,  xvi.)  de- 
luibaUu  of  lemaikable  fineneu,  closeness,  and 
looghiiai,  lud  *i  atti  for  the  jjurpoic  of  deiden- 
i.(.blow. 

Tat  groTet  were  iccanteif  modelled  to  flt 
liii  Itg,  the  tvo  <id«  meeting  eiactl]'  at  the 
ttct  tl  the  calf.  Id  order  to  put  them  oa  it 
■u  atttmtrj  forcibty  to  open  them.  How 
irmMtij  the  gmre  wu  intended  to  Bt  at  the 
Wdi  of  Uic  leg  maj  be  oburred  in  the  heroic 
iimue  fngmeot   of    which   a    view    ii    giTea 

OiEaret  thai  fitted  requirsd  in  maof  cuei  no 
'ttitr  futeniug  than  their  own  eluticitj.  Often, 
vitrthclm,  thej-  wen  farther  Kcnred  with 
lio  llnpi,  ■■  may  be  leen  in  the  woodcut  nt  Vol. 
L  p  189.  Their  form  and  appearance  will  he  heat 
.icientsdd  tram  the  accompaaymg  woodcut*. 


OENOPHOBUM 


26X 


L   Ciwt. 

Thii  voodcnt  repreKnta  the  interior  view  of 
1  oruiue  ihitid  and  a  pair  of  broDie  giearei 
"bi^  were  fonnd  by  Signor  Campuuri  in  an 
t'niKiE  tomb,  and  are  now  in  the  Britiah 
^■nun.     Tlwae  grarea  nre  mode  right  and 

Ih(  laneied  llluatntion  repreients  a  frag- 
ment of  a  bronie  atntne  of  heroic 
■iie.  found  ia  Magna  Gnecia,  and 
now  in  the  Dritiah  HuMnm.  It 
is  the  right  leg  of  a  warrior, 
"'         I   doeeljr- fitting  gpeavo, 

carefnilj  worked  Gorgoueion  of 
the  archaic  type.  {Joum.  of 
Htllen.  Stud.,  pi.  liii.)  The  top 
i>  seen  projecting 
e  the  knee.  The 
ill  nitration  ahowa  rery  clearly 
the  ankle-ring  {tria^ipiar :  aee 
the  eiplaoation  propcLsed  above). 
That  the  Qreeki  took  delight  in 


the  c: 


apecim 


■  elaborately  adorned  Greek 
re  ii  engraved  in  Antlq.  du 
Jiotp.  Cinun^  pi.  iiciii.  fig.  T 
(=  Banmeiater,  DenhaaUr,  fig. 
2221). 

The  modern  Oreeki  aind  Alba- 
nian* wear  greaTea,  in  form  re- 
aembling  thoee  of  their  anceston, 
bat  made  of  softer  material*,  aach 
■1  Ttlret  ornamented  with  gold, 


and  fastened  with  hooks  and  eyei  (cf.  Hobhonse, 
Travelt,  i.  p.  133). 

Among  the  Romans.  greiTes  made  of  bronie 
and  richly  embossed  were  worn  by  gladiators. 
Specimena  hare  been  found  at  Pompeii  (Over- 
beck,  p.  458  ;  Baumeister,  DetJonSkr,  fig.  2347- 
9 ;  Cell,  Pomptiana,  1817,  pi.  18).  In  the  time 
of  the  Empire  greavea  had  not  been  entirely 
abandoned  (Lamprid.  Alix.  Set.  40),  but  were 
a  dittinguiahing  mark  of  the  centurions.  Com- 
pare a  relief  from  Verona  (Lindenachmidt,  li-acU 
imd  Iltvafnung  dea  r6m.  Ileerei,  pi.  1,  fig.  6) 
and  the  relief  from  Petronell  (Baomeister,  DeaJt- 
maier,  fig.  2276,  and  p.  2060;  cf.  alio  Zoega, 
Baasinl.  pi.  ivi.).  At  an  earlier  period  the 
heavy-armed  wore  a  aingle  gisare  on  the  right 
leg,  aa  that  which  was  foremost  in  close  combat 
(Veget.  (fe  He  UH.  i,  20).  The  Roman  greavea 
were  further  distinguiihed  from  those  of  Greece, 
by  the  fact  that  thev  only  covered  the  front 
part  of  the  leg  (irpiwn!/if>,  Polyh.  vi.  23,  B). 

Leggings  of  oi-hide  or  Strang  leather,  pro- 
bably of  the  form  already  deicribed,  were  worn 
by  agricullQTal  labourer*  (Horn.  Od.  iiiv.  228  ; 
PUny,  H.  X.  xii.  5  7[  pHllfld,  ife  Re  Sustica, 
i.  43)  and'  by  hnntsmen  (Hor.  Sal.  ii,  3,  234). 
The  word  Krtifiii  wa*  also  nied  in  a  more 
general  sense  (cni/td-  ri  irilSiifiB,  Heaych. 
..<..).  [J.Y.]    [A.H,S,] 

OCTATTAE,    [Vectmaua,] 

OCTO'BER  EQUUS.  On  the  Idea  of  Octo- 
ber in  each  year  there  waa  a  race  of  bigae  in  the 
Campua  Uaitiua,  after  which  the  ofi'-horse  ot 
the  winning  biga  waa  sacrificed  by  the  fiameu 
Uirtialia  at  the  altar  of  Mait :  the  tail  was  cut 
(pfa  poiita,  lAmob.  vii.  24;  if.  Plant.  Jfif. 
alor.  iii,  1,  165;  and  airta  eqaa.  Prop.  v.  I,  20) 
and,  taken  to  the  Kegin,  the  blood  from  it 
sprinkled  on  the  hearth  of  V'eita:  the  blood 
from  the  sacrificed  horae  waa  kept  and  stored 
up  within  the  Regia,  for  future  sacred  rites 
[F,UII.ia].  For  the  head  of  the  victim  there 
was  a  struggle  between  the  inhabilanta  of  the 
Via  Sacra  and  those  of  the  Subura:  if  the 
former  got  it,  it  was  fiied  on  the  walla  of  the 
Regia;  if  the  latter,  oti  the  tum'i  Mamilia  in 
the  Subnia.  This  struggle,  repreaenting  a  com- 
petition between  two  halves  of  the  old  city, 
marka  the  featival  as  dnling  from  the  earliest 
beginning  of  Rome  (Mommsen.  Siit.  of  Some, 
i.  53;  Bum,  Botiu  and  Campagna,  p.  33). 
Jfarquardt  sees  alio  in  the  struggle  a  form  of 
lustration  or  eipiation,  comparing  Lobeck, 
Aglaopk.  680.  The  hone  was  clearly  the  ap- 
propriate sacrilice  to  Mora  (lu  whom  also  the 
EquirU  were  aacred),  and  the  fact  that  the 
blood  was  reserved  for  another  ancient  luatral 
rile  auf^esti  that  we  hare  here  the  original 
purely  Roman  laatration.  (See  also  Uarquardt, 
Slaateotnealtang,  iii.  334  f.)  [G.  £.  U.] 

ODE-UM.      'rTHEiTRUll.] 

OENOTHOKUM,  a  vessel  for  hohling  wine. 
It  had  two  handles,  as  is  clear  from  a  paaaage 
(cited  by  Uarquardt,  Frivallebm,  650)  from  the 
comedy  Ou*roit«.  where  among  dilapidated  good* 
we  have  "  oenophomm  eiauricolatum."  It  is 
deicribed  by  Isidore  (Or.  xx.  6,  1)  aa  "  vas 
ferena  vinnm  ;  "  much  larger  than  a  drinking- 
cnp  (Jnv.  vi.  425).  and  such  that  it  coald  be 
held    by  the  handlea  and  inverted,  i 


the 

Lud  Una,  "  T( 


I   the   ] 
nophori*  fnndna, 


262 


OFFBNDIX 


nobis  "  (cf.  "  inyertunt  allifanifl  Tinaiia  iota," 
Hor.  Sat.  ii.  8,  39).  It  is  clear  from  the  above 
passages  that  it  was  not  (as  has  often  been 
stated  by  commentators  on  Hor.  Sat.  i.  6,  109, 
and  Pers.  v.  140)  a  wine-basket  or  **  cellaret," 
but  a  large  wine-vessel.  The  slaves,  in  these 
passages  of  Horace  and  Persins,  carry  it  outside 
their  luggage,  ready  for  use.  The  word  "  oeno- 
phorum  '*  in  Plin.  xxziv.  §  69,  adduced  by  some 
as  from  oenophortu  and  meaning  *'  a  slave  bear- 
ing a  wine«basket,"  cannot  have  anything  to  do 
with  this  subject :  if  the  passage  is  so  read,  it 
is  merely  a  statue  of  a  wine-carrier  by  Praxi- 
teles— but  the  true  reading  seems  to  be  "  cane- 
phoram."  [G.  E.  M.] 

OFFENDIX.    [Apex.] 

OrKIAS  DIKE  (oIkIos  iliai),  an  action  to 
recover  a  house  (like  any  other  action  where 
property  was  the  subject  of  litigation,  as  x^P^ov, 
&K8pairo8«r,  vti&Sy  Xmrov  ^lierf),  belonged  to  the 
class  of  Siaiuccurltu,  ue.  actions  in  which  the 
dispute  was  5x^9  TpotrfiKu  fiaWo^y  Lex.  Seffuer. 
236  =  Etym.  M,  p.  267,  7),  e.g.  one  claiming  it 
because  he  had  bought  it,  the  other  because 
it  had  been  mortgaged  to  him.  Certain  speeches 
of  Lysias,  Isaeus,  Hyperides,  and  Deinarchus, 
which  dealt  with  this  subject,  are  all  lost ;  in 
some,  it  would  seem,  private  creditors  made 
claims  upon  a  confiscated  estate  by  this  action 
(Harpocr.  9.  v.  mpoKoerafioXii).  By  the  laws  of 
Zaieucus  (Polyb.  xii.  16)  possession  of  the 
property  in  dispute  was  secured  till  after  the 
action  to  the  last  bonae  fidei  possessor;  Attic 
law  directed  probably  the  same.  Such  actions 
belonged  to  the  jurisdiction  of  the  Forty  {Att. 
Process,  ed.  Lipsius,  pp.  674-81).  The  ivouclov 
Hkti  was  another  action  to  recover  a  house,  not 
merely  the  bygone  rents,  as  Hudtwalcker  (^Diaet, 
p.  143  n.)  supposed;  cf.  Thalheim,  Qriech. 
Rechtsaltert.  p.  84,  n.  2.  If  house-rent  was  not 
paid  by  the  tenant,  the  owner  might  evict  him, 
but  he  was  not,  it  seems,  assisted  by  the  authori- 
ties in  so  doing :  Ko^cCircp  ical  ^|  olKlaSy  ^cXw  d 
BluVy  4^oiKi(6fA€9a,  Zray  rh  4voIkiov  6  futrOdgaas 
oh  KOfu(6fi9VOi  r^v  06pa»  iuptKriy  rhy  K^pafMv 
^^A{7,  rh  ^p4ap  iyxKtlffV  (Stob.  I7onl.  v. 
67).  rC.  R.  K.]    [H.  H.] 

O'LEA,  OLI'VA  (ikaa,  or,  in  older  Attic 
and  Trag.,  iKala);  O'LEUM,  OLITUM 
(IXoiov)  ;  OLE'TUM,  OLIVE'TUM  (4\cu<&yy. 

That  the  cultivation  of  the  olive,  and  the  use 
of  its  oil  for  anointing,  for  light,  and  for  food, 
belonged  to  the  earliest  recorded  life  in  the 
south  of  Western  Asia,  is  clear  from  mention  of 
it  in  all  parts  of  the  Bible ;  but  there  is  con- 
siderable ground  for  thinking  (1)  that  it  was 
not  cultivated  among  the  Greeks  in  the  earliest 
times  of  which  we  have  record,  and  (2)  that 
after  its  cultivation  began  its  oil  was  used  at 
first  neither  for  light  nor  food,  but  only  for 
anointing  the  body.  The  wood  of  the  olive  is 
used  in  Homer,  as  a  hard  wood  readily  taking  a 
polish,  for  axe-handles,  clubs,  &c.  (77.  xiii.  612  ; 
Od.  ix.  320),  which  of  course  does  not  prove 
cultivation :  it  is  used  for  anointing  frequently 
in  the  Odyssey,  but  from  the  way  in  which  it  is 
spoken  of  (e.g.  Od.  vi.  79)  it  seems  to  be  even 
then  somewhat  rare  and  costly,  and  there  is 
still  more  indication  of  its  being  reserved  for 
gods  and  heroes  in  the  mention  of  it  in  It.  xiv. 
171,  xviii.  350,  xxiii.  186  (the  commoner  use 
in  the  Doloneia,  //.  x.  577,  belongs  to  what  is 


OLEA,  OLIVA 

now  generally  considered  the  latest  part  of  the 
Iliad):   the  same  perhaps  may  be  said  of  iu 
being  taken  to  express  the  sheen  of  garments  in 
the  idealised  pictures  of  the  divinely  wrought 
shield  (//.  xviii.  596),  whereas  the  commoner 
animal  fat  suffices  to  supply  the  usual  Homeric 
epithets  for  bright  (inyaXStis,  Amp^sX  ^*  *^ 
in  &iro<rr(\i3tfKrcf  oAcf^orot  {Od.  iii.  408) :  and 
the  KXator  is  iyphr  in  contrast  with  the  thick 
dAcc^op.    On  the   whole,  there  is  nothing  to 
exclude  Hehn's  theory,   that    in  the   earlieet 
Homeric  period  oil   was  an  imported  luxury, 
used  as  an  unguent  by  the  rich  instead  of  the 
ordinary  dAcii^op  of  fat.     The  question  when 
the  cultivation  of  the  olive  began  among  the 
Greeks  is  affected  by  the  sense  given  to  ^wA/q  in 
Od.  V.  476.     If  that  is  a  wild  olive  (oieasteri  it 
follows  that  the   iKalri  of   the  Odyssey  is  s 
cultivated  olea  Europaea.    Hehn  thinks  it  is 
not,  and  conjectures,  without  good  reason,  thst 
it  means  a  myrtle.    It  is  true  that  Hesychios 
himself  is  uncertain,  and  suggests  three  trees ; 
but  we  should  find  it  hard  to  oppose  the  direct 
statement  of  Eustathius  (Dios.  i.  138)  that  it 
was  the  older  name  for  wild  olive,  afterwards 
called    kStwos    and    ikyptiKeuoSf    with   which 
Pausan.  ii.  32, 10  agrees :  it  is  an  unsatis&ct^rr 
comment  of  Hehn's  that  this  opinion  maj  be 
based    solely  on  the  Homeric  line.    Bat  the 
evidence  of  cultivation  in  the  Odyssey  does  not 
depend  on  that  passage  ;  we  have  the  olive  as  i 
.garden  tree    in    Od.   vii.   16.      The  simile  in 
//.  xvii.  55  may  at  first  sight  seem  to  claim  the 
cultivated  olive  for  the  earliest  Homeric  poem : 
but,  apart  from  the  question  whether  the  simile 
is  a  later  introduction,  the  mention  of  a  solitarj 
tree  does  not  suggest  cultivated  olive-yards  for 
oil-making,  and  it  is  noticed  for  its  beauty  sod 
its  fiower,  not  for  its  fruit.     On  the  whole,  the 
reasonable  conclusion  is  that  in  the  time  of  the 
earliest  Homeric  writings  the  cultivation  of  the 
olive  had  not  reached  the  shores  of  Asia  Minor 
or  Greece,  and  olive-oil  is  rare  and  imported : 
in  the  later  part  of  the  Iliad  and  the  Odyssey 
the  cultivation  is  just  beginning,  and  oil  is  more 
widely  used  for  anointing,  though  not  for  light 
or  food  (that  the  berry  however  was  eaten,  is 
implied   by  the  description  of  Tantalus).    Ib 
Northern  Greece  it  was  certainly  later  than  the 
time  of  Hesiod,  who  does  not  mention  the  tree 
at  all  (Plin.  xv.  §  3  is  not  sufficient  evidence  to 
the  contrary),  though  he   describes  the  treat- 
ment of  vines.     When  it  took  so  firm  a  root  m 
Attica,  it  is  impossible  to  say,  but  probably  not 
much  later  than  700  B.a ;  for,  though  Chry- 
sostom  says  that  Peisistratus  first  introduced  it 
at  Athens,  the  statement  of  Plutarch  (Soi,  24)> 
that   Solon  excepted    oil   when  he  prohibited 
export  of   Attic   produce,   postulates  a  much 
earlier  date  for  the  beginning  of  the  industry. 
We  shall,  however,  no    doubt  rightly  beliere 
that    the   wise  measures    of   Peisistratus  en- 
couraged and  extended  the  cultivation  of  the 
olive  in  Attica.     Attica  was  possibly  its  earliest 
home  in  Greece,  though  not,  as  the  tradition  io 
Herodotus  v.   82   implies,  the  earliest  in  the 
world.     When  it  became  identified  with  the 
goddess  Athena  is  equally  open  to  question,  but 
the  legends  were  probably  in  consequence  of  the 
olive  becoming  a  source  of  wealth  in  Attica. 
The   epithet   Upd,  applied  to  the  olive  in  the 
Odyssey,  may  perhaps  imply  that  it  was  be- 


OLEA,  OLIYA 

comiag  known  as  a  benefactor,  but  there  is 
D<)«here  in  Homer  a  connexion  of  the  tree 
vitb  Athene.  (On  the  subject,  however,  of  the 
m^-thi  connected  with  the  olive,  see  B^tticher, 
Rimmailtw  der  Athen,  pp.  30,  107.)  That  the 
Gnfk  colonista  brought  the  cultivation  of  the 
miri  to  Magnn  Graecia  and  Massilia,  and  that 
It  fpnad  thenoe  over  Italy  and  Provence,  is 
[irobable:  we  have  mention  in  Amphis  (4th 
I  rfit  B.C)  of  the  oil  of  Thurii  as  famous.  Pliny 
(H.  y.  zv.  §  1)  cites  the  authority  of  Fenestella 
:'«.r  the  tradition  that  there  was  no  olive«tree  in 
lulj  nntil  the  time  of  Tarquinius  Prisons, 
which  may  very  well  mean  that  it  came  in 
with  the  Greek  colonists  aboat  the  year  600, 
isd  was  introduced  into  Latium  from  the 
Campaaian  Greeks  in  the  time  of  the  Tarquins. 
(S«c  Buchholsy  Homtriache  ^eoUien,  it.  §  19; 
a&d  espedaily  Hehn,  KuUurp/Utnzen,  pp.  88- 
1<4.) 

MoUAE  (jiAptoA  iXauu  or  futplcu).  Besides 
th«  Htm  iXauaij  which  were  private  property, 
there  were  other  olives,  growing  both  on  public 
and  private  lands,  which  were  the  property  of 
th«  state.  From  these  came  the  oil  which  was 
u^  for  prizes  in  special  jars  (Phot.  8.  v. ; 
PiSATHiHASA).  They  were  called  ftoplai  from 
th«  tradition  that  they  had  been  propagated 
{jufioftlfjpai)  from  the  sacred  olive  of  Athene 
in  tbe  Acropolis :  thev  thus  acquired  a  sacred 
character,  and  were  placed  under  the  control  of 
Ih*-  Areiopagusy  whence  monthly  inspectors  (^iri- 
MAirroQ  and  annual  commissioners  (ynifiovts) 
%tn  sent  to  visit  them.  Anyone  who  destroyed 
a  iQoria  was  punishable  with  banishment  and 
ecttfincation.  The  rooria,  or  stump  of  one  which 
Kal  been  cut,  was  guarded  by  a  fence  (ffrjicds), 
vhkh  word  sometimes  includes  the  tree  itself 
•  T  the  stump,  as  well  as  the  fence  (Lys.  ircpl 
nKoi,  Or,  7  ;  Jebb,  Attic  OratorSy  i.  289  f.  and 
•-•t*  on  Soph.  0.  C.  701). 

ViRiiTiES. — ^The  Olea  Europaea  is  the^nly 

${iec-.es  of  the  natural  family  of  Okaceae  which 

ndis  the  highly  valued  olive  oil,  but  many 

T&rieiies  are   produced   by   different  modes  of 

rutvre,  and  by  peculiarities  of  soil  and  climate. 

<''iiuaella  enumerates  ten,  and  this  number  may 

^  considerably   increased   from   the   n^rks  of 

ftber  ancient  writers.     The  following  seem  to 

^:ir«  beai  the  most  important: — 1.  Patuia  s. 

^'Xa;  2.  Btgia  ;  3.  Orchis  s.  Orchitis  s.  Orchita 

:  itrchas ;  4.  RatJUus ;   5.  Licinia  s.  Liciniana ; 

^  Sergid  s.  Serrjiana,    Of  these  the  berry  of  the 

htaaiay  according  to  Columella,  was  the  most 

pleanat  in  flavour  (Jucundiswna),  but    onlv 

vhile  it  is  green,  for  "  vetustate  corrumpitur : 

'Office  perlttps   the  apparent   contradiction    in 

Vir^l,  "amara   Pausia  bacca";    that  of  the 

lifqia  was  the   flnest;    while   both   of   these, 

t'^nkcr  with  the  Orchis  and  the  Radms,  and  in 

£«D«ra]  all  the  larger  varieties,  were  better 

*;ut«i  for  eating  than  for  oil.    The  Zicinio,  on 

^M  other  hand,  in  the  Venafrum  district,  yielded 

ta«  finest  oil;    the  Sergio^  the  chief  olive  of 

t«e  Sabine  district,  the  greatest  quantity.    (Cat. 

*  fi.  7 ;  Varr.  R.  R,  i.  24 ;  Columell.  v.  8,  de 

-Wnr.  17 ;  Plin.  H,  N.  xv.  §§  1-20.) 

Soo*  avdClucate.— Hie  soil  considered  most 
^'^^caial  was  a  rich  tenacious  clay,  or  a  mixture 
"f  cUy  and  g^Q^  1^  gravelly  subsoil  being  essen- 
^^  m  either  case  to  carry  off  the  water.  Deep 
itt  iM«ld  was  CBund  to  be  not  nnsoitable,  but 


OLEA,  OLIVA 


263 


any  land  which  retained  moisture  was  avoided, 
and  also  light,  stony  ground ;  for,  although  the 
trees  did  not  die  in  the  latter,  they  never  became 
vigorous.  Here  again,  however,  Columella  and 
Virgil  are  at  variance;  for  while  the  former 
observes,  "inimicus  est  ager  sabulo  maoer  et 
nuda  glarea,"  and  Columella,  followed  by  Palla- 
dius,  speaks  of  *'  creta  figuli  quam  argillam 
vocant "  as  unsuitable,  the  poet  declares : 

•<  DUBdles  primnm  tenae  oollesque  ™*"g««, 
Tennis  ubi  azigilla  et  dumosis  calcolaa  arvls» 
Palladia  gaodent  sUva  vivacis  olivae." 

((Teory.  ii.  1T9.) 

They  may,  however,  be  speaking  of  different 
varieties,  since  Cato  (approved  by  Varro,  i.  24) 
says  that  ''  ager  crnssus  et  calidus  "  suits  most 
olives,  but  the  Liciniana  may  be  planted  in 
ground  which  is  **  frigidior  et  macrior." 

The  olive  is  very  impatient  of  frost,  and 
scarcely  any  of  the  varieties  known  to  the 
ancients  would  flourish  in  very  hot  or  very  cold 
situations.  In  hot  localities,  it  was  expedient  to 
form  the  plantations  on  the  side  of  a  hill  facing 
the  north,  in  cold  localities  upon  a  southern 
slope.  The  Sergia  liked  a  colder  exposure  than 
most  olives.  Neither  a  very  lofty  nor  a  very 
low  position  was  appropriate,  but  gentle  rolling 
eminences,  such  as  characterised  the  country  of 
the  Sabines  in  Italy  and  the  district  of  Baetica 
in  Spain.  (Strabo,  iii.  p.  144.)  Under  ordinary 
circumstances,  a  western  exposure  lying  well 
open  to  the  sun  was  preferred.  It  is  asserted  by 
several  classical  authors  that  the  olive  will  not 
live,  or  at  least  not  prove  fruitful,  at  a  distance 
from  the  sea>coast  greater  than  from  thirty  tu 
flftv  miles,  and  there  is  no  doubt  that  the  shorea 
of  the  Mediterranean  best  suit  it,  but  the  shores 
of  the  Lago  di  Garda  must  be  mentioned  as  an 
exception  to  the  rule.  If  the  olives  of  Italy 
held  the  first  place,  and  especially  those  of 
Venafrum,  Baetica  and  Istria  came  next.  The 
partiality  of  Martial  (xii.  63)  alters  the  order : 

•*  Uncto  Cordnba  laetior  Venafro 
Histia  nee  minus  absolute  testa." 

(QsX^R.R.  6;  Varr.  i.  24;  Columella,  v.  8; 
Plin.  H.  N.  xvii.  §  30 ;  Pallad.  iii.  18 ;  Theophr. 
de  C.  P.\\,h\  Geopon.  ix.  4.) 

Propagation  and  Culture. — Previous  to 
the  formation  of  an  olive-yard  {pletwny  olivetum) 
it  was  necessary  to  lay  out  a  nursery  (semi- 
narium)  for  the  reception  of  the  young  plants. 
A  piece  of  ground  was  selected  for  this  pur- 
pose, freely  exposed  to  the  sun  and  air,  and  in 
which  the  soil  was  a  rich  black  mould.  It  was 
the  practice  to  trench  (pastinare)  this  to  the 
depth  of  three  feet,  and  then  to  leave  it  to 
crumble  down  under  the  influence  of  the 
atmosphere. 

The  propagation  of  the  olive  was  effected  in 
various  ways. 

1.  The  method  generally  adopted  was  to  fix 
upon  the  most  productive  trees,  and  to  select 
from  these  long,  young,  healthy  branches  (ramos 
noveUos)f  of  such  a  thickness  as  to  be  easily  em- 
braced by  the  hand.  The  branches  immediately 
after  being  detached  from  the  parent  stem,  were 
sawed  into  lengths  of  a  foot  and  a  half  each, 
great  care  being  taken  not  to  injure  the  bark  ; 
these  segments,  which  were  called  taUag  or 
cknolae  or  <ninci,  were  then  tapered  to  a  point 


264 


OLEA,  OLIVA 


at  each  end  with  a  knife,  the  two  extremities 
were  smeared  with  dung  and  ashes,  they  were 
buried  upright  in  the  ground,  so  that  the  top« 
were  a  few  fingers'  breadth  below  the  surface, 
and  each  talea  was  placed  as  nearly  as  possible 
in  the  same  position,  both  vertically  and 
laterally,  as  the  branch  had  occupied  upon  the 
tree.  During  the  first  year,  the  ground  was 
frequently  loosened  by  the  sarculum ;  when  the 
young  roots  (radictUae  seminum)  had  taken  a 
firm  hold,  heavy  handbrakes  (reutra)  were  em- 
ployed for  the  same  purpose,  and  in  the  heat  of 
summer  water  was  regularly  supplied.  For  two 
years  no  pruning  was  resorted  to,  but  in  the 
third  year  the  whole  of  the  shoots  (ramu/tT, 
with  the  exception  of  two,  were  lopped  off;  in 
the  fourth  year,  the  weaker  of  the  remaining 
two  was  detached,  and  in  the  fifth  year  the 
young  trees  (arirusculae)  were  fit  for  being 
transplanted  {habiies  translationi).  This  latter 
operation  was  best  performed  in  autumn  where 
the  ground  to  which  they  were  conveyed  was 
dry ;  but  if  it  was  moist  and  rich,  in  spring,  a 
short  time  befoi'e  the  buds  were  formed.  In 
the  field  which  they  were  to  occupy  permanently, 
pits  (^scrobes)  four  feet  every  way  were  pre- 
pared, if  practicable,  a  year  beforehand,  so  that 
the  earth  might  be  thoroughly  pulverised ; 
small  stones  and  gravel  mixed  with  mould  were 
placed  at  the  bottom  to  the  depth  of  a  few 
inches,  and  some  grains  of  barley  were  scattered 
over  all.yrhe  young  tree  was  lifted  with  as 
large  alSall  of  earth  as  possible  attached  to  the 
roots,  placed  in  the  pit  surrounded  with  a  little 
manure,  and  planted  so  as  to  occupy  precisely 
the  same  position,  in  relation  to  the  cardinal 
points,  as  in  the  nursery.  In  rich  com  land, 
the  space  left  between  each  row  was  at  least 
sixty  feet,  and  between  each  tree  in  the  row 
fortv  feet,  in  order  that  the  branches  and  roots 
might  have  full  space  to  spread ;  but  in  poorer 
soil  twenty-five  feet  each  way  were  considered 
sufficient.  The  rows  were  arranged  so  as  to  run 
from  east  to  west,  in  order  that  the  cool  breezes 
might  sweep  freely  down  the  open  spaces  in 
summer.  After  tne  trees  had  become  firmly 
fixed,  and  had  been  pruned  up  into  a  proper 
shape, — ^that  is,  into  a  single  stem  kept  without 
branches  to  the  height  of  the  tallest  ox, — ^the 
labour  attending  upon  an  olive-yard  was  com- 
paratively trifling.  Evey  year,  the  soil  around 
the  roots  was  loosened  with  hoes  {bidens),  or 
with  the  plough,  the  roots  themselves  laid  bare 
(ablaqueare,  ablaqueatioi),  the  young  suckers  cut 
away,  and  the  lichens  scraped  from  the  bark ; 
every  third  year,  in  autumn,  manure  was 
thrown  in,  and  amurca  poured  in  at  the  roots 
was  said  to  be  useful  for  destroying  worms ; 
every  eighth  year  the  trees  were  pruned.  The 
system  of  culture  here  indicated  was  followed  so 
generally  that  it  had  become  embodied  in  a 
proverb,  "  Veteris  proverbii  meminisse  convenit, 
eum  qui  aret  olivetum,  rogare  fructum;  qui 
stercoret,  exorare ;  qui  caedat,  cogere  "  (Colu- 
mell.  V.  9,  §  15).  Besides  this,  the  whole 
surface  of  the  ground  was  regularly  ploughed 
at  the  usual  seasons,  and  cropped  in  alternate 
years,  the  manure  applied  for  these  crops  being 
altogether  independent  of  that  supplied  to  the 
trees  specially.  Moreover,  since  olives  bore  I 
fruit,  in  abundance  at  least,  only  once  in  two  ' 
years,  matters  were  so  arranged  that  the  land  | 


OLEA,  OLIVA 

should  yield  a  crop  in  those  years  when  the 
trees  were  unproductive. 

2.  A  second  method  of  propagation  was  to  cot 
the  roots  of  wild  olives  into  small  pieces  in  such 
a  manner  that  each  should  contain  an  eye  or 
rudiment  of  a  lateral  fibre  (radicum  ocuiia  sUves- 
trium  olearum  hortuios  €xcoiere\  and  these  pieces 
were  treated  precisely  in  the  same  manner  as  the 
ialeae  described  above. 

3.  A  third  method  is  indicated  by  Virgil  in 
the  lines— 

*'Qnin  et  candidbns  secfcls,  mirablle  dicta, 
Trudltur  e  siooo  radix  oleaglna  llgno," 

(jOmrg.  iL  300 

and  is  still  pursued  in  some  parts  of  Italj, 
where,  as  we  are  told,  <'an  old  tree  is  hewn 
down  and  the  stock  cut  into  pieces  of  nearly  the 
size  and  shape  of  a  mushroom,  and  which  from 
that  circumstance  are  called  nonoU ;  care  at  the 
same  time  is  taken  that  a  small  portion  of  bark 
shall  belong  to  each  novolo.  These,  after  having 
been  dipped  in  manure,  are  put  into  the  earth, 
soon  throw  up  shoots,  are  transplanted  at  the  end 
of  one  year,  and  in  three  years  are  fit  to  form  an 
olive-yard."    (Cf.  Theophr.  Hist.  Plant,  ii.  2.) 

Grafting  or  budding  (inserere,  insitio,  oados 
inaerere)  were  also  resorted  to  for  the  purpose  of 
introducing  fine  varieties  or  of  rendering  barren 
trees  fruitful.  (Cat.  R,  R.  40,  42,  43, 45 ;  Varr. 
R,  i?.  i.  40 ;  Columell.  v.  9,  de  Arbor.  17 ;  Plin. 
Ji.  N.  xvii.  §§  125-140 ;  Pallad.  iii.  8,  18,  x.  1, 
xi.  8  ;  Geopon.  ix.  5,  G,  &c. ;  Blant*s  Vestiges  of 
Ancient  Manners,  ^c,  in  IteUy,  p.  215.) 

OUVE-OATHEBINQ    (O/tfltos,     0/t9t^).— The 

olive  usually  comes  to  maturity,  in  Italy,  about 
the  middle  or  latter  end  of  December;  hot, 
according  to  the  views  of  the  proprietors,  it  was 
gathered  in  various  stages  of  its  progress,  either 
while  yet  green  (oSm)^  or  when  changing  coloar 
(txzria),  or  when  fully  ripe  {mgra'),  but  it  was 
considered  highly  desirable  that  it  should  never 
be  allowed  to  remain  so  long  as  to  fall  of  its  own 
accord.  The  fruit  was  picked  as  far  as  possible 
with  the  bare  hand,  but  such  as  could  not  he 
reached  from  the  ground  or  by  the  aid  of  Udders 
was  beaten  down  with  long  reeds,  which  were 
preferred  to  sticks  as  less  likely  to  injare  tht 
bark  of  the  branches  and  the  young  bearers,  a 
want  of  attention  to  this  precaution  on  the  part 
of  the  gatherers  (jleguli)  being  in  the  opinion 
of  Varro  the  cause  why  olive-trees  so  seldom 
yielded  a  full  crop  for  two  years  consecntirely. 
(Varr.  R.  R.  i.  55 ;  Plin.  If.  N.  xv.  S  H  i 
Geopon.  ix.  17.) 

Different  Usbb. — The  chronological  order 
in  the  uses  of.  the  olive  appears  to  hare  bees^ 
1.  For  anointing  (from  the  Homeric  age  on- 
wards ;  see  the  beginning  of  this  article),  and  in 
this  use  frequently  as  the  vehicle  of  perfumes. 

2.  For  burning  in  lamps  (post-Homeric). 

3.  For  food :  (a)  as  a  fruit,  either  fresh  or 
preserved — ^the  eating  of  the  fresh  fruit  is  im- 
plied in  Od.  xi.  588 ;  (6)  oil  as  food  or  for  cook- 
ing purposes  seems  to  have  been  absolntelf 
unknown  in  Homeric  times,  though  afterwards 
a  staff  of  life  in  Greece  and  Italy.  On  this 
subject  see  Hehn  (cp.  cit  p.  125),  who  thinks 
that  wine  and  oil  have  long  been  slowly  snd 
gradually  spreading  from  South  to  North ;  that, 
though  the  use  of  the  vine  and  olive  beloBg«<l  to 
the  civilised  parts  of  the  Roman  empire,  it  wis 


OLEA^OUVA 

B«t  always  so,  bnt  that  oil  had  in  Italy  and 
Gre€ce  lapplanUd  animal  fat  alike  for  nngnenta 
and  for  food,  just  as  still  (in  his  opinion)  the 
jtta  of  wine  and  oil  are  gradually  extending 
Dorth wards  into  the  ooantries  of  beer  and  butter : 
and  it  may  be  remarked  here  that  butter, 
lAoagh  naed  by  the  Greeks  only  for  medical 
purposes,  was  known  not  only  as  fio^rvpov,  but 
aj  lAoior  iic  ydXeucros.  (Athen.  z.  p.  447  d; 
Blunner,  PrivatalL  228 ;  BpTYSUM.) 

PRESERVINO  OuYES.  {Condere  oleou,  oUva^ 
mm  conditura,  conditio^) 

Olires  might  be  presenred  in  varions  ways, 
either  when  unripe  (albae,  aoerbae)^  or  ripe 
{mgrae)f  or  half-ripe  (wtriae,  fuscae). 

Green  olives,  the  Fautia  being  used  principally 
for  this  purpose,  were  preserved  in  strong  brine 
(mcricz),  according  to  the  modem  practice,  or 
they  were  beaten  together  into  a  mass,  steeped 
in  water  which  was  frequently  changed,  then 
pressed  and  thrown  with  salt  into  a  jar  of 
rinegar,  to  which  various  spices  or  flavouring 
rondimeoU  were  added,  especially  the  seeds  of 
the  Pistachia  Lentiscns,  or  Gum  Mastich  tree, 
acui  fennel.  Sometimes,  instead  of  vinegar, 
nsptssated  must  {sapa,  defrutwai),  or  sweet 
vine  {paM9wrn)  or  honey,  were  employed,  in 
which  case  the  olives  were  preserved  sweet,  and 
sometimes  salt  pickle,  vinegar,  must  and  oil, 
lieem  to  have  been  all  mixed  together. 

Half-ripe  olives  (and  here  again  the  Pauaia 
%ts  the  &vonrite)  were  picked  with  their  stalks 
sad  covered  over  in  a  jar  with  the  best  oiL  In 
thii  manner  they  retained  the  flavour  of  the 
&tah  fruit  for  more  than  a  year. 

Hipe  olives,  especially  the  orchitis^  were 
^rii^ed  with  salt,  and  left  untouched  for  five 
Uji\  the  salt  was  then  shaken  ofi",  and  they 
vere  dried  in  the  sun.  Or  they  were  preserved 
svect  in  defrntnm  without  salt. 

The  peculiar  preparation  called  EpUyrum  was 
made  by  taking  olives  in  any  of  the  three  stages, 
extracting  the  stones,  chopping  up  the  pulp  and 
throwing  the  fragments  into  a  jar  with  oil, 
▼laegar,  coriander  seeds,  cumin,  fennel,  rue  and 
mint,  the  quantity  of  oil  being  sufficient  to  cover 
Qp  the  compound  and  exclude  the  air.  In  fact, 
it  was  an  olive  salad,  and,  as  the  name  imports, 
^en  with  cheese.  (Cat.  B.  R.  118,  119; 
Varr.  R.  R.  \.  60 ;  Columell.  xii.  49 ;  Geopon. 
»i.  3,  32.) 

OiL-MAKi3rG  {Oleum  amficere).— The  fruit  of 
the  olive-tree  consists  of  two  parts,  the  pulpy 
pericarp  (caro)  and  the  stone  (ntic/«iw). 

The  oaro  or  pulp  yielded  two  fluids :  one  of 

theK  of  a  watery  consistence,  dark  in  colour, 

hitter  to  the  taste,  flowed  from  the  olive  upon 

▼^slight  pressure;  it  was  called  V^PT^  ^7 

the  Greeks,  Amuroa  by  the  Latins,  and  was 

extensively  used  as  a  manure  and  for  a  great 

Bmnber  of  purposes  connected  with  domestic 

economy.    The  other  fluid  which  flowed  from 

^  pulp,  when    subjected    to    more    forcible 

pwure,  was  the  oil  (oleum,  o/ivicm),  mingled 

^werer  to  a  certain  extent  with  amurca  and 

^r  impurities  {fraoeSj  faeces)^  and  this  was 

^  different  qualities,  according  to  the  state  of 

the  fruit   and  the  amount  of  pressure.    The 

$>«st  oil  was  made  from  the  fruit  before  it  was 

follj  ripe,  and  frorn  this  circumstance,  or  from 

Its  greottsh  colour,  was  termed  Oleum  viride^ 

^  hf  the  Greeks  ifi^tvw:    the  quantity 


OLEA,  OLIVA 


265 


given  out  was  however  small,  and  hence  the 
remark  of  Cato,  '*  Quam  acerbissima  olea  oleum 
facies  tam  oleum  optimum  erit:  domino  de 
matura  olea  oleum  fleri  maxime  expediet." 

A  distinction  is  made  by  Columella  between 
the  oil  obtained  from  the  fruit  when  green 
(oleum  acerimm  s.  aestivum),  when  half  ripe 
(oleum  viride),  and  when  fully  ripe  (oleum 
mahirum) ;  and  while  he  considers  the  manu- 
facture of  the  first  as  inexpedient,  in  consequence 
of  the  scanty  produce,  he  strongly  recommends 
the  proprietor  to  make  as  much  as  possible  of 
the  second,  because  the  quantity  yielded  was 
considerable,  and  the  price  so  high,  as  almost  to 
double  his  receipts. 

Under  ordinary  circumstances,  the  ripe  fruit 
when  gathered  was  carefully  cleaned,  and  con- 
veyed in  baskets  to  the  farmhouse,  where  it 
was  placed  in  heaps  upon  sloping  wooden  floors 
(tn  tabulaio),  in  order  that  a  portion  of  the 
ctmurca  might  flow  out,  and  a  slight  fermenta- 
tion took  place  (ut  ibi  mediocriter  fraoeacat), 
which  rendered  them  more  tender  and  more 
productive,  and  exactly  the  same  system  is 
pursued  for  the  same  reason  in  modem  times. 
The  gatherings  of  each  day  (ooactura  unius- 
cujusque  diet)  were  kept  separate,  and  great  care 
was  taken  to  leave  them  in  this  state  for  a  very 
limited  period  ;  for  if  the  masses  heated,  the  oil 
soon  became  rancid  ( '*  Olea  lecta  si  nimium  diu 
fuit  in  acervis,  caldore  fracescit,  et  oleum  foeti- 
dum  fit ").  If,  therefore,  circumstances  did  not 
allow  of  the  oil  being  made  soon  after  the  fruit 
was  gathered,  the  olives  were  spread  out  and 
exposed  to  the  air  so  as  to  check  any  tendency 
towards  decomposition.  It  is  the  neglect  of 
these  rules  and  precautions  which  renders  the 
oil  now  made  in  Spain  so  offensive,  for  there  the 
olives  are  frequently  allowed  to  remain  in  cellars 
for  months  before  they  are  used.  Although 
both  ancient  and  modern  experience  are  upon 
the  whole  in  favour  of  a  slight  fermentation, 
Cato,  whose  great  practical  knowledge  entitles 
him  to  respect,  strongly  recommends  that  it 
should  be  altogether  dispensed  with,  and  affirms 
that  the  oil  would  be  both  more  abundant  in 
quantity  and  superior  in  quality :  "  Quam 
citissime  conficies  maxime  expediet." 

The  olives  when  considered  to  be  in  a  proper 
state  were  placed  in  bags  or  flexible  baskets 
(/sets),  and  were  then  subjected  to  the  action 
of  a  machine  consisting  partly  of  a  brubing  and 
partly  of  a  squeezing  apparatus,  which  was 
constructed  in  various  ways,  and  designated  by 
various  names :  Trapetum,  Mola  olearicij  Canalia 
et  Soleay  Turcular,  JHrelum,  Tudicula,  [Traps- 
TUM.1  The  oil  as  it  issued  forth  was  received 
in  a  leaden  pot  (cortina  j^umbed),  placed  in  the 
cistern  (laciui)  below  the  press.  From  the 
cortina  it  was  ladled  out  by  an  assistant  (capu- 
htor),  with  a  large  flat  spoon  (concha),  first  into 
one  vat  (labrum  fictile),  and  then  into  another, 
thirty  being  placed  in  a  row  for  this  purpose. 
It  was  allowed  to  rest  for  a  while  in  each,  and 
the  operation  was  repeated  again  and  again 
(oleum  frequenter  capiant)  until  the  amurca  and 
all  impurities  had  been  completely  removed. 
In  cold  weather  when  the  oil  remained  in  union 
with  the  amurca  notwithstanding  these  trans- 
ferences, the  separation  was  effected  by  mixing 
a  little  parched  salt  with  the  combined  fluids ; 
but  when  the  cold  was  very  intense,  dry  car- 


266 


OLIGARCHIA 


OUGABGHIA 


bonate  of  soda  (niYrttm)  was  found  to  anawer 
better.  The  oil  was  finally  poured  into  jara 
(doiia  olearid)j  which  had  been  previously 
thoroughly  cleaned  and  seasoned,  and  glazed 
with  wax  or  gum  to  prevent  absorption,  the 
lids  (pperculd)  were  carefully  secured,  and  they 
were  then  delivered  to  the  ovei-seer  {custos),  by 
whom  they  were  stored  up  in  the  vault  reserved 
for  their  reception  (celia  olearia). 

After  a  moderate  force  had  been  applied  to 
the  press,  and  a  considerable  quantity  of  oil  had 
flowed  forth,  the  bruised  pulp  (saanpsd)  was 
taken  out  of  the  bags,  separated  from  the  kernel, 
mixed  with  a  little  salt,  replaced  and  subjected 
to  the  action  of  the  press  a  second,  and  again  a 
third  time.  The  oil  first  obtained  (oleum  primae 
pressurae)  was  the  finest ;  and  in  proportion  as 
additional  force  was  applied  by  the  press-men 
(fadorea,  torcuhrii),  the  quality  became  gra- 
dually worse  (**longe  melioris  saporis  quod 
minore  vi  preli  quasi  lixivium  defluxerit"). 
Hence  the  product  of  each  pressing  was  kept 
distinct,  the  marketable  value  of  ench  being 
very  different  (''plurimum  refert  non  miscere 
iterationes  multoque  minus  tertiationem  cum 
prima  pressura").  The  lowest  quality  of  all 
(oieum  dbariwn)  was  made  from  olives  which 
had  been  partially  damaged  by  vermin,  or  which 
had  fallen  from  the  trees  in  bad  weather  into 
the  mud,  so  that  it  became  necessary  to  wash 
them  in  warm  water  before  they  could  be  used. 

The  quantity  of  fruit  thrown  at  one  time  into 
the  press  varied  from  120  to  160  modii,  accord- 
ing to  the  capacity  of  the  vessels :  this  quantity 
was  termed  Facttu,  the  amount  of  oil  obtained 
from  one  factus  was  called  Bbstits,  but  these 
words  are  not  unfrequently  confounded.  (Cat. 
J2.  B.  7,  64,  65,  66;  Varr.  B.  B.  i.  24,  55; 
ColumelL  xii.  52;  Plin.  ff,  N.  xv.  §  23; 
Geopon.  ix.  17 ;  Bliimner,  Technohgie,  i. 
348  ff.)  [W.  R.]    [G.  E.  M.] 

OLIGA'RGHIA  (hXiyatpxia),  the  gowmmerU 
of  a  fctOf  is  a  term  the  application  of  which  by 
writers  on  political  science  is  less  wide  than  its 
etymological  signification  might  have  warranted. 
(See  Polyb.  vi.  4;  Arist.  Poi,  iv.  4,  p.  1290, 
from  whom  we  learn  that  some  writers  used 
Oligarchia  as  a  generic  name,  including  Aristo- 
cratia  as  one  of  its  species.)  It  is  shown 
elsewhere  [Abistocratia]  under  what  con- 
ditions the  limitation  of  political  power  to  a 
portion  of  the  community  was  regarded  as 
a  proper  and  regular  constitution  (6pB^  iroXi- 
rcta),  whose  guiding  principle  was  the  common 
good,  not  the  private  interest  of  those  in 
power  (Arist.  Pol.  iii.  6,  p.  1279 ;  iv.  2,  p.  1289). 
The  term  Oligarchia  was  applied  to  that 
perversion  (TctpiKfiaa-ti)  of  an  Aristocratia  into 
which  the  latter  passed  when,  owing  to  the 
rise  of  the  demus  [Democratia]  and  the  vanish- 
ing of  those  substantial  grounds  of  pre-eminence 
which  rendered  an  Aristocratia  not  unjust,  the 
rule  of  the  dominant  portion  of  the  community 
ceased  to  be  the  exponent  of  the  general 
interests  of  the  state,  and  became  the  ascendency 
of  a  &ction,  whose  efforts  were  directed  chiefly 
towards  their  own  aggrandisement  and  the 
maintenance  of  their  own  power  and  privileges 
(Arist.  Eih.  Nicom.  viii.  12;  Polyb.  vi.  8,  §  4). 
The  preservation  of  power  under  such  cir- 
cumstances of  course  depended  chiefly  upon 
the  possession  of  superior  wealth  and  the  otiier 


appliances  of  wealth  which  were  its  concomi- 
tants. Thus  it  came  to  be  regarded  as 
essentially  characteristic  of  an  oligarchy,  that 
the  main  distinction  between  the  dominant 
faction  and  the  subject  portion  of  the  commu- 
nity was  the  possession  of  greater  wealth  on  the 
part  of  the  former.  (Arist.  Po/.  iv.  4,  p.  1290  b, 
8^/ios  fi4y  4<mv  trtuf  oi  4\€6d€poi  icvpioi  iirv, 
6KtyapxiCi  9h  trt»  ol  vKoi^toi.  A  little  further 
on  he  says :  iXsyapxio*  9^  irai^  ol  v\o{Krioi  ical 
€hyty4arfpoiy  i\lyoi  6rr§s,  xOpuoi  r^f  i^px^i 
iffiM,  Com  p.  iv.  6,  p.  1293;  Plat,  de  Rep.  viiL 
pp.  550  C,  553  A.)  The  case  of  the  wealthy 
portion  being  also  the  more  numerous  would  be 
a  very  rare  exception.  Their  dominion,  of  course, 
would  not  be  an  oligarchy ;  bnt  neither  would 
it  be  a  democracy  (Ariist.  Pol»  iv.  4,  p.  1290). 
When  an  aristocracy  passed  in  the  natural 
development  of  society  iuto  an  oligarchy,  the 
oligarchs  would,  of  course,  be  high-born  as  well 
as  rich.  But  high  birth  was  not  an  essential 
condition.  It  very  commonly  happened  that  the 
oligarchs  were  themselves  only  a  section  of 
the  old  nobility,  having  excluded  the  poorer 
members  of  their  order  from  the  possession  oi 
power. 

Aristotle  (JPci.  iv.  5,  p.  1292  b)  distinguishes 
various  species  of  oligarchy: — 1.  Where  a 
certain  large  amount  of  property  is  the  only 
requisite  for  being  a  member  of  the  ruling 
class:  2.  Where  the  property  qualification  is 
not  large,  but  the  members  of  the  government 
themselves  supply  any  vacancies  that  may  occur 
in  their  ranks  by  electing  others  t6  fill  them: 
3.  Where  the  son  succeeds  to  the  power  of  his 
father:  4.  Where,  besides  this  being  the  case, 
the  rulers  govern  according  to  no  fixed  laws,  bat 
arbitrarily.  (Comp.  Plat.  P6lit.  pp.  301,  302.) 
The  first  kind,  where  privileges  were  distribotcd 
according  to  certain  gradations  of  property, 
especiallv  when  the  rlfirifia  was  not  extrava- 
gantly high,  so  that  a  considerable  number 
shared  political  power,  thoueh  only  a  few  of 
them  might  be  eligible  to  the  highest  offices, 
was  sometimes  called  rt^uucpcerla  (Arist.  Eih. 
Nic.  viii.  12).  It  approximates  closely  to  the 
iroAiTf^o,  and  hence  Aristotle  {Pol.  iv.  II)  calls 
it  6\tyeipxui  voXtruHif  that  is,  an  oligarchy  so 
moderate  as  to  be  nearly  a  xoKer^ta:  where 
more  extensive  privileges  were  given  to  large 
property,  it  was  called  irXovToicparr/a(Xen.  Mnn. 
iv.  6,  22):  Plato,  in  Rep,  viii.  p.  547  D,  uses 
ripMKpartu  in  a  different  sense. 

To  the  conditions  of  3  and  4,  where  the  rule  of 
the  few  is  both  arbitrary  and  hereditary,  or,  in 
other  words,  where  arbitrary  power  has  come 
into  the  possession  of  a  few  ruling  families,  the 
name  Bvyeurrtla  is  given  (Arist.  PoL  iv.  5,  2, 
p.  1292  b):  this  is  described  as  the  extreme 
oligarchy  and  corresponding  {ian-Urpo^s)  ^ 
the  extreme  democracy  [Ochlocratia].  This 
9vyatmia  is  described  as  existing  in  Boeotia  at 
the  time  of  the  Persian  invasion,  and  in  Thessaly 
(Thuc.  iii.  62;  iv.  78)  and  sometimes  in  Crete 
(Arist.  Pol.  ii.  10,  p.  1272  b),  and  the  danger  of 
it  is  given  as  one  cause  for  ostracism  (Arift 
Pol.  V.  3,  p.  1302). 

The  term  Aristocraiia  is  not  unfrequentlr 
applied  to  what  the  more  careful  distinctions  of 
the  writers  on  political  scit^noe  would  tern 
Oligarchia.  (Comp.  Thuc  iii.  82;  Xen.  MeUen- 
V.  2,  §  7 ;  Aristoph.  Av.  125.) 


OLLA 

Bcnks   ttte  iDtharitiM   quoted    tbore,  the 

nkler  nuj  ooiunlt  Wscbunnih.  Selleiuacit 
iiUrdnButamili,  §J  36,  44,  47,  63,  64; 
Scaamiin,  AtUig,  of  Qirect,  f.  98;  Her- 
Bim.  Lehrbudi  ifar  gritch.  StaatiallcrtMimer, 
if  6«-61 ;  ThirlwiU,  Biit.  of  Qreta,  vol.  i. 
A.  10.  [C.  P.  M."i     [Q.  E.  M.] 

OLLA.  ant.  AULA.  (FUot.  Avivi.,  pworn), 
I  ■ord  uied  mach  ia  tbe  unH  kdu  u  onr 
nnl  *  jkT  "  or  "  pot,"  and  coneepoDdiog  most 
Lfuli  pcrfaip*  to  the  Oreek  jtlrtfoi,  x^f'  ' 
Tw  vhich  might  be  of  almcKt  onj  ehiipe,  bat 
iCucli,  irith  a  riew  to  capacity,  woaLd  no  doubt 
i.»tUj  be  of  a  wnnewhat  belljJDg  form. 

Tki  oUa  WM  nude  of  variooj  Eoaterials,  ac- 
r-nling  to  the  pnrpcae  for  which  it  wu  in- 
uidnj;  thai  of  etiae  which  were  deitined  for 
nuking  purpose*,  the  material  wonld  be  either 
l™z«  (oonan.  Grid,  Met.  vii.  318)  or  different 
liidt  sf  Rone  which  were  turned  apon  the 
Li'.ic.  At  Pleura,  a  Tillage  near  Chiareaoa  to 
lilt  north  of  the  Ijde  of  Como,  the  manufacture 
^t  THieli  from  the  potitoue  in  a  aeighbouring 
mooaUtn  it  itill  carried  on,  and  hai  pcobablf 
dined  tiwre  tmai  the  time  of  Pliny,  who  make* 
'ipmi  mention  of  it  (/f.  N.  Iixri.  fg  SS,  44). 
3dih  of  tlieie  Te**el*  ire  nearlj  two  f(«t  ia 
diimeter,  and,  being  adapted  to  bear  th 
in  nitj  for  cooking.  ("  Oculi*  ob*er- 
iin  olUm  pnltia,  oe  idaratnr,"  Varro, 
"  liarcelL  p.  543,  ed.  Uerceri ; 
T.  Jh/oi.) 
lu  matt  ordinarj  material  wat 
ctitli(iiware  (tcriaora);  and  in  this 
:cttertil  the  clla  would  be  adipted  to 
'iritm*  lue*,  prindpiUj  no  doubt  for 
Ml4iBg  lolid*  or  liquid)  and  keeping 
ibtai  in  *tort.  Thoi  we  read  of  an 
tit  filled  with  dfoarii  (Cic.  Fam.  ii. 
1«);  with  retin  (Uartial,  Ep.  12,  32) ; 
ul  with  oil  (Plin.  B.  N.  iiiviL  |  10> 
fniit  *a*  Id  thii  manner  prenerred 
(Via.  H.  N.  IT.  §  32))  and  from  tbii 
'imnRance  the  adjective  ollarit  cam* 
'-■>  nwin  "prewrTed"  {mae  (Alarei, 
Cihrn.  liL  43  ;  Martial,  viL  20). 

Tm  Bomani  ■*  well  a*  the  Greeki 
uej  pot*  for  holding  and  for  growing 
(««n  (Cato.  de  Ba  R.  b\  :  Mt  VaB): 
itoM  which  were  intended  for  groxfing 
laJi  wonld  hsTe  the  bottom  perfo- 
nW  {Plin.  H.  S.  itIL  %  10,  when  a 
w<l  of  [int  ie  lown  in  luch  a  perfo- 
nUdoO)). 

In  nrtaio  ucrifidal  rite*,  hand-DMde 
"Hm  ontinued  to  b«  Died  down  to  a 
W  period,  in  memory  of  the  primiti™ 
•i>aiirn<liqn  of  thote  of  the  old  cult. 
TIkj  lemiined  in  an  unchanged  farm, 
•  it  ihown  by  the  example*  which 
Ttn  found  in  the  sanctuary  of  the 
Fnirea  Arralei,  which,  though  of  a 
^ule  Uta  epoch,  are  itill  of  rongh  workmanthlp 
><>d  kud^nade.  (See  Qtornaie  Ara^ico,  Irlii. 
'"li^  1968,  Ut.  if.  Noe.  1-18.) 

inoUm  Twy  remarkable  n*e  of  thete  TesMla 
•I  anbtnware  among  the  Greekt  wa*  to  put 
jobita  inio  them  to  be  expoied  <Ariitoph.  Ron. 
IIH,  Sehol.  od  ioc  ;  Moeri*,  i.  t.  tyxyrfiV^O, 
"  i»  U  carried  anywhere  (Ariatoph.  Theam. 
'il^&lG;  SchoLod  foe).  Hence  the  eipoHre 
•I  ckiUra  wa*  oJled  4^c<"pl(,„  (H««ych.  i.  v.). 


OLLA 


267 


nnd  the  miierable  women  who  practiied  it  iy- 
XUTpiSTpfm  (Suidas,  ».  p.). 

lie   term   i*  also  uied  to  indicate  both  the 

put,  and  alio  the  niche  in  the  tomb  or  co/wn- 
Mjium  in  which  the  ttm  wu  placed.  After 
*ome  day*,  when  the  othes  had  been  dried  in 
the  aun,  the  nearest  rclHtiieB  of  the  deceaKd 
gathered  them  in  an  urn  of  clay,  glasl,  marble, 
aUbaeler,  other  kinds  of  itone,  bronze,  lilver,  or 
gold :  theae  neie  Cfilled  ollae.  In  the  Urge 
public  cemeteriei  in  Rome  a  poor  elave,  or  a 
person  of  limited  means  who  could  not  afford  a 
apecial  grsTe,  had  to  bny  a  niche  called  olta 
fur  hi*  nrn  :  theee  olhc  were  themaelt-ei  objecte 
of  pretentntion  which  tbe  poorer  claiaei  made 
amocgat  one  another,  a*  the  ioacriptioni  ihow. 
Below  the  smgte  olla  wu  placed  in  this  cue  & 
■mall  inicription  which  conlained  the  name  of 
him  whote  bonei  lay  in  the  um,  and  which 
would  be  drawn  up  on  the  occuicn  of  the  gift 
and  a*  a  record  of  the  gift  (uo  C.  I.  L.  i.  1047, 
Ac).  A  lepulchre  which  held  Mveral  of  these 
niches  i*  called  a  tchola  dlarvm  (Reines.  clul. 


I  In  the  year  1732  - 
I  the  right  of  the  At 
I  nnmber  of  ollat  of 


.  vineyard  on 
a  •epnichnu 


They  were  all  more  or  less  of  the 
•ame  *iiB,  capacity,  and  form.  Some  good 
apecimens  of  cinerary  ollae  are  preserved  in  the 
Briti*h  Museum  in  a  amall  apartment  in  the 
baiement,  so  conitructed  u  to  exhibit  accurately 
the  manner  of  urraagiog  them. 

Sometimea  the  ollae  were  buried  up  to  the 
neck  within  the  niches,  ao  that  the  only  part 
which  showed  wu  the  tile  or  lid  (ppercuium, 
irlttiiia),  on  which   the  aame   of  the  person 


268 


OLYMPIA 


whose  ashes  were  contained  inside  wns  engraved 
(see  Muratori,  1756,  7,  ollae  quae  aunt  operculis 
et  titulis  marmcreia).  This  lid  generally  corre- 
sponded in  the  material  and  the  style  of  orna- 
ment with  the  oUa  itself  (Herod,  i.  48  ;  Col.  de 
Re  Rust.  xii.  48).  Sometimes  it  was  so  arranged 
as  to  be  sliding  or  movable,  and  might  be  de* 
pressed  or  raised  so  as  to  cover  exactly  the 
contents  of  the  vessel  it  belonged  to,  like  that 
now  used  for  snuff  and  tobacco  jars;  thu  form 
of  lid  was  called  operculum  ambuiatorium.  The 
Romans  sometimes  covered  their  beehives  with 
lids  of  this  kind,  in  order  that  the  size  of  the 
honeycomb  and  hive  might  be  exactly  propor- 
tioned to  each  other  (Plin.  H,  N,  xxi.  §  47 ; 
Rich,  5.  v.).  From  OUa  we  have  the  word 
OUariOj  another  name  for  the  niches  in  the 
oo/ttm6arium  in  which  the  cinerary  urns  (pUae) 
were  placed.  [C.  S.] 

OLT'MPIA  (h\{tiirta\  usually  called  the 
Olympic  games,  the  greatest  of  the  national 
festivals  of  the  Greeks.  It  was  celebrated  at 
Olympia  in  Elis,  the  name  given  to  a  small  plain 
to  the  west  of  Pisa,  which  was  bounded  on  the 
north  and  north-east  by  the  mountains  Cronion 
and  Olympus,  on  the  south  by  the  river  Alpheus, 
and  on  the  west  by  the  Cladeus,  which  flows 
into  the  Alpheus.  Olympia  does  not  appear  to 
have  been  a  town,  but  rather  a  collection  of 
temples  and  public  buildings,  a  full  description 
of  which  does  not  come  within  the  plan  of  thu 
work.  The  whole  district  within  the  above- 
mentioned  bounds  was  holy  ground  (rifiwoi), 
sacred  to  Olympian  Zeus,  within  which,  on  its 
northern  side,  was  a  quadrangular  enclosure,  of 
peculiar  sanctity,  called  the  Altis.  The  latter 
was  in  historic  times  adorned  with  the  most 
exquisite  work  that  Hellenic  art  could  produce 
in  sculpture,  painting,  and  architecture.  Within 
it  stood  the  temples  of  Olympian  Zeus  ('OAvfi- 
7if<by),  of  H^ra  ('Hpatoy),  and  the  treasure- 
houses  of  many  Hellenic  states ;  while  in  the 
centre  rose  the  high  altar  of  Zeus,  in  sacrifice 
whereon  he  revealed  his  will  to  his  chosen 
priests,  the  lamidae  (Find.  Olymp.  vi.).  Many 
relics  of  ancient  art  have  been  recently  dis- 
.covered  in  the  Altis  and  the  surrounding  space, 
/<ind  much  light  has  been  thrown  on  the  topo- 
'  graphy  of  Olympia,  by  excavations  conducted 
I  according  to  the  agreement  made  in  1874 
between  the  Greek  and  German  governments. 
For  a  minute,  full,  and  highly  interesting  ac- 
count of  the  results  thus  obtained,  the  reader 
^  may  be  referred  to  the  work  of  Adolf  Boetticher, 
Olympia,  das  Feat  und  aeine  Stdtte,  2nd  edit., 
Berlin,  1886. 

The  origin  of  the  Olympic  games  is  buried 
tn  obscurity.  The  legends  of  the  Elean  priests 
attributed  the  institution  of  the  festival  to  the 
Idaean  Heracles,  and  referred  it  to  the  time  of 
Cronos.  According  to  their  account,  Rhea  com-* 
mitted  her  new-bom  Zeus  to  the  Idaean  Dactyl i, 
also  called  Curetes,  of  whom  five  brothers, 
Heracles,  Paeonaeus,  Epimedes,  lasius,  and  Idas, 
came  from  Ida  in  Crete,  to  Olympia,  where  a 
temple  had  been  erected  to  Cronos  by  the  men 
of  the  golden  age ;  and  Heracles,  the  eldest, 
conquered  his  brothers  in  a  foot*race,  and  was 
crowned  with  the  wild  olive-tree.  Heracles 
hereupon  established  a  contest,  which  was  to  be 
celebrated  everv  five  years,  because  ho  and  his 
brothers  were  five  in  number  (Paus.  r.  7,  §  4). 


OLYMPIA 

Fifty  years  after  Deucalion  s  flood  they  said  that 
Clymenus,  the  son  of  Cardys,  a  descendant  of 
the  Idaean  Heracles,  came  from  Crete,  and  <x\t- 
brated  the  festival ;  but  that  Endymion,  the  Ma 
of  Aethlius,   deprived  Clymenus   of  the  sove- 
reignty, and  offered  the  kingdom  as  a  prize  to 
his  sons  in  the  foot-race ;  that  a  generation  after 
Endymion  the  festival  was  celebrated  by  Pelo^is 
to  the  honour  of  the  Olympian  Zeus  ;  that  when 
the  sons  of  Pelops  were  scattered  through  Pelo- 
ponnesus, Amytbaon,  the  son  of  Crethens  and  a 
relation  of  Endymion,  celebrated  it ;  that  to  him 
succeeded  Pelias  and  Neleus  in  conjunction,  then 
Augeas,  and  at  last  Heracles,  the  son  of  Amphi- 
tryon,  after  the  taking  of  Elis.      Afterwards 
Oxylus  is  mentioned  as  presiding  over  the  games, 
and  then  they  are  said  to  have  been  di8<»utinaed 
till  their  revival  by  Iphitus.   (Paus.  v.  8,  §  1, 2.} 
Most  ancient  writers,   however,  attribute  the 
institution  of  the  games  to  Heracles,  the  son  oi 
Amphitryon  (Apollod.  ii.  7,  §  2  ;  Diod.  iv.  U ; 
compare  Strabo,  viii.  p.  355X  while  others  repre- 
sent Atreus  as  their  founder.     (Veil.  Pat.  i.  8 ; 
Hermann,  Pol,  Ant.  §  23,  n.  10.)     But  of  all 
the    ti*aditions   respecting    the   origin    of  the 
Olympic  games,  far  the  most  interesting  to  us 
is  that  which  Pindar  adopts.     Acoording  to  him 
(Olymp,  xi.  24-77;  iii.  14),  they  were  founded 
by  Herakles  Amphitryon iades  to  commemorate 
his  victory  over  the  Moliones  and  Augeas.    We 
translate   freely  a  passage   from   the   Elerentb 
Olympic  ode : — *'  Thereupon  did  the  valiant  sou 
of  2^us,  gathering  together  in  Pisa  all  his  host 
and  all  the  spoil  of  oxen  which  he  drave,  pro* 
ceed  to  measure  out  a  hallowed  precinct  ({iBfaf 
iKvos)  consecrate  to  2ieu8  most  mighty ;  and  in 
the  open  plain  with  a  fence  of  stakes  he  marked^ 
the  Altis  off,  and  appointed  the  space  aroand  it 
to  be  a  place  of  rest,  whereon  the  folk  might 
take  their  evening  meal ;  the  while  he  honoared 
Alpheus'  stream   in    union    with    the    twelre 
sovereign  gods.     Then  gave  he  to  Kronos'  Hill 
its  name ;  for  heretofore,  as  long  as  Olnomaoe 
reigned,  nameless  it  rose  and  wet  with  msar  s 
suowflake.     And  at  this,  the  birth-rite  of  the 
festival,  the  Destinies,  I  ween,  stood  by,  yea  and 
Time,  sole  test  of  what  is  good  and  true,  which 
as  it  onward  sped  did  manifest  in  what  wise  the 
hero  portioned  out,  and  slew,  and  sacrificed,  at 
first-fruits,  the  spoils  which  war  had  given  him; 
in  what  wise  too,  in  sooth,  with  this,  the  First 
Olympiad,  and  the  victories  thereat  won,  he 
ordained  that  henceforth,  as  each  term  of  four 
years  closed,  the  feast  should  be  renewed.**   The 
poet  goes  on  to  give  a  list  of  the  victors  at  tbi$ 
celebration  of  the  games,  and  it  is  worth  ob- 
serving that  his  record  differs  entirely  from  that 
of  Pausanias,  both  in  the  names  of  the  ricton 
and  in  the  other  particulars  (Paus.  v.  7,  p.  392). 
Strabo  (viiu  pp.  354,  355)  r«jecta  all  these 
legends,  and  says  that  the   festival  was  first 
instituted  after  the  return  of  the  Heraclidae  to 
the  Peloponnesus  by  the  Aetolians,  who  united 
themselves  with  the  Eleans.     It  is  impossible  to 
say  what  credit  is  to  be  given  to  the  ancient 
traditions  respecting  the  institution  of  the  fes- 
tival; but  they  appear  to  ^ow  that  religions 
festivals  had  been  celebrated  at  Olympia  from 
the  earliest  times,  and  it  is  difficult  to  oooceive^ 
that  the  Peloponnesians  and  the  other  Greeks 
would  have  attached  such  importance  to  this 
festival,  unless  Olympia  had  long  been  regarded 


OLYMPIA 


OLYMPIA 


269 


1$  a  hallowed  site.  The  first  historical  fact  con- 
nected with  the  Olympian  games  is  their  revival 
hj  Iphitiu,  king  of  Ells,  who  is  said  to  have 
accomplished  it  with  the  assistance  of  Lycurgus, 
th«  Spartan  lawgiver,  and  Cleosthenes  of  Pisa ; 
aad  the  names  of  Iphttns  and  Lycurgns  were 
inscribed  on  a  disc  in  commemoration  of  the 
rveat ;  which  disc  Pansanias  saw  in  the  temple 
of  Hera  at  Olympia.  (Pans.  v.  4,  §  4 ;  v.  20, 
§  1 ;  Pint.  Lye,  1,  23.)  It  wonid  appear  from 
this  tradition,  as  Thirlwall  {Hist,  of  Greece,  ii. 
p^  386)  has  remarked,  that  Sparta  concurred 
with  the  two  states  most  interested  in  the 
establishment  of  the  festival,  and  mainly  con- 
tributed to  procure  the  consent  of  the  other 
Peloponoesians.  The  celebration  of  the  festival 
may  have  been  discontinued  in  consequence  of 
the  troubles  consequent  upon  the  Dorian  invasion, 
and  we  are  told  that  Iphitus  was  commanded  by 
the  Delphic  oracle  to  revive  it  as  a  remedy  for 
iatestine  commotions  and  for  pestilence,  with 
vhich  Greece  was  then  afflicted.  Iphitus  there- 
Qpon  induced  the  Eleans  to  sacrifice  to  Heracles, 
vbom  tbey  had  formerly  regarded  as  an  enemy, 
B]>1  from  this  time  the  games  were  regularly 
celebrated.  (Pans.  /.  c.)  I'Mfferent  datM  are 
assigned  to  Iphitus  by  ancient  writers,  some 
pladng  his  revival  of  the  Olympiad  at  B.C.  884, 
lad  others,  as  Callimachus,  at  B.C.  828.  (Clinton, 
Fast,  HeQ.  p.  409,  t.)  The  interval  of  four  years 
between  two  succMsive  celebrations  of  the  fcs- 
tiral  was  called  an  Olympiad ;  but  the  Olym- 
piads were  not  employed  as  a  chronological  era 
till  the  victory  of  Coroebus  in  the  mot-race 
hJC  776.     [OLrUPIAS.] 

The  most  important  point  in  the  renewal  of 

the  festival  by  Iphitus  w^as  the  establishment  of 

the  Jnxcip^  i^^  ^^^  Eiean  dialect    Bipita  = 

iff/ii;  see  Mailer,  Dor,  i.  p.  252),  or  sacred 

tnsK^tice,  the  formula  for   proclaiming  which 

was  inscribed  in  a  circle  on  the  disc  mentioned 

above.    The  proclamation  was  made  by  peace- 

i^nlds  (oworSo^poiX  fint  in  Elis  and  after- 

vards  in  the  other  parts  of  Greece;  it  put  a 

itop  to  all  warfare   for  the  month    in   which 

the  games    were    celebrated,  and    which   was 

called  Itpoixnvia.    The  territory  of  Elis  itself 

was  considered  esjtecially  sacred  during  its  con- 

tiananee,  and   no  armed  force   could  enter  it 

without  incurring  the  guilt  of  sacrilege.     When 

the  Spartans  on  one  occasion  sent  forces  against 

the  fortress  Phyrcum  and  Lepreum  during  the 

existence  of  the  Olympic  truce  {tp  reus  *0\vfi- 

TwcoTt  tfvwp^aTt),  they  were  fined  by  the  Eleans, 

Actording  to  the  Olympic  law,  2000  minae,  being 

two  for  each  Hoplite.    (Thucyd.  v.  49.)    The 

Ueaas,  however,  pretended  not  only  that  their 

Isads  were  inviolable  during  the   existence  of 

the  truce,  but  that  by  the  original  agreement 

vith  the  other  states  of  Peloponnesus  their  lands 

v*R  made  sacred  for  ever,  and  were  never  to 

^  attacked  by  any  hostile  force  (Strabo,  viii. 

^  358) ;  and  they  further  stated  that  the  first 

n^ation  of  their  territory  was  made  by  Pheidon 

'^  Argoa.     But  the  Eleans  themselves  did  not 

^tain  from  arms,  and  it  is  not  probable  that 

*^  a  priwilege  would   have  existed  without 

>K|»iiag  on  them  the    corresponding  duty  of 

ftfnuBiog  from  attacking  the  territory  of  their 

aofhboiBrB.    The  later  Greeks  do  not  appear  to 

have  admitted  this  claim  of  the  Eleans,  as  we 

^  naay  caict  in  which  their  country  was  made 


I  the  scene  of  war.    (Xen.  ffelL  iii.  2,  §  23,  &c. ; 
vii.  4,  &c.) 

The  Olympic  festival  was  probably  confined  at 
first  to  the  Peloponnesians  ;  but  as  its  celebrity 
extended,  the  other  Greeks  took  part  in  it,  till  at 
length  it  became  a  festival  for  the  whole  nation. 
No  one  was  allowed  to  contend  in  the  games  but 
persons  of  pure  Hellenic  blood :  barbarians  might 
be  spectators,  but  slaves  were  entirely  excluded. 
All  pei*sons  who  had  been  branded  by  their  own 
states  with  atimia,  or  had  been  guilty  of  any 
offence  against  the  divine  laws,  were  not  permitted 
to  contend  (Lex  apud  Dem.  c.  Aristocrat,  p.  631, 
§  37).  When  the  Hellenic  race  had  been  ex- 
tended by  colonies  to  Asia,  Africa,  and  other  parts 
of  Europe,  persona  contended  in  the  games  from 
very  distant  places ;  and  in  later  times  a  greater 
number  of  conquerors  came  from  the  colonies  than 
from  the  mother  country.  After  the  conquest  of 
Greece  by  the  Romans,  the  latter  were  allowed 
to  take  part  in  the  games.  The  emperors  Tiberius 
and  Nero  were  both  conquerors,  and  Pausanias 
(v.  20,  §  4)  speaks  of  a  Roman  senator  who  gained 
the  victory.  During  the  freedom  of  Greece,  even 
Greeks  were  sometimes  excluded,  when  they  had 
been  guilty  of  a  crime  which  appeared  to  the 
Eleans  to  deserve  this  punishment.  The  horses 
of  Hieron  of  Syracuse  were  excluded  from  the 
chariot-race  through  the  influence  of  Themi- 
stocles,  because  he  had  not  taken  part  with  the 
other  Greeks  against  the  Persians.  (Plut.  Them. 
25;  Aelian,  V.  H.  ix.  6.)  All  the  Lacedae- 
monians were  excluded  in  the  90th  Olympiad, 
because  they  had  not  paid  the  fine  for  violating 
the  Elean  territory,  as  mentioned  above  (Thuc. 
T.  49, 50 ;  Pans.  iii.  8,  §  2)  ;  and  similar  cases  of 
exclusion  are  mentioned  by  the  ancient  writers. 

No  women  were  allowed  to  be  present  or 
even  to  cross  the  Alpheus  during  the  celebration 
of  the  games  under  penalty  of  being  hurled  down 
from  the  Typaean  rock.  Only  one  instance  is 
recorded  of  a  woman  having  ventured  to  be 
present,  and  she,  although  detected,  was  pardoned 
in  consideration  of  her  father,  brothers,  and  son 
having  been  victors  in  the  games.  (Pans.  v.  6, 
§  5*  ;  Ael.  V.  H.  x.  1.)  An  exception  was  made 
to  this  law  in  favour  of  the  priestess  of  Demeter 
Chamyne,  who  sat  on  an  altar  of  white  marble 
opposite  to  the  Hellanodicae.  (Pans.  vi.  20,  §  6  ; 
compare  Suet.  Ner.  c.  12.)  Women  were,  how- 
ever, allowed  to  send  chariots  to  the  races  ;  and 
the  first  woman  whose  horses  won  the  prize  was 
Cynisca,  the  daughter  of  Archidamus,  and  sister 
of  Agesilaus.  (Pans.  iii.  8,  §  1.)  The  number 
of  spectators  at  the  festival  was  very  great ;  and 
these  were  drawn  together  not  merely  by  the 
desire  of  seeing  the  games,  but  partlv  through 
the  opportunity  it  afforded  them  of  carrying 
on  commercial  transactions  with  persons  from 
distant  places  (Veil.  i.  8 ;  mercatus  Olympiacusy 
Justin,  xiii.  5),  as  is  the  case  with  the  Moham- 
medan festivals  at  Mecca  and  Medina.  Many  of 
the  persons  present  were  also  deputies  {Bfwpot) 
sent  to  represent  the  various  states  of  Greece ; 


1 


•  It  would  appear  from  another  passage  of  Pausanias 
that  virgins  were  allowed  to  be  present,  though  %nMrri«d 
women  were  not  (iropMrovv  U  ovk  tlpyav^^  BtaaavOait 
vl.  20,  ^  6);  but  this  statement  is  opposed  to  all  others 
on  the  sublect,  and  the  reading  of  the  passage  seems  to 
Se  doubtftiL  (See  Yalckenaer.  ad  Tbeocr.  ildon. 
pp.  196, 197.) 


270 


OLYMPIA 


OLTMPIA 


and  we  find  that  these  embassies  vied  with  one 
another  in  the  number  of  their  offerings  and  the 
splendour  of  their  general  appearance,  in  order 
to  support  the  honour  of  their  native  cities.  The 
most  illustrious  citizens  of  a  state  were  fre- 
quently sent  as  $€t»poL  (Thuc.  vi.  16 ;  [Andoc] 
c.  Ale  §  21.) 

The  Olympic  festival  was  a  Penteteris  (vcy- 
rwnipts)f  that  is,  according  to  the  ancient  mode 
of  reckoning,  a  space  of  four  years  elapsed  between 
«ach  and  the  next  succeeding  festival,  in  the  same 
way  as  there  was  only  a  space  of  two  years  in  a 
rpimiph.  According  to  the  Scholiast  on  Pindar 
(a(f  01.  iii.  35,  Boeckh),  the  Olympic  festival  was 
celebrated  at  an  interval  sometimes  of  49,  some- 
times of  50  months ;  in  the  former  case  in  the 
month  of  ApoUonius,  in  the  latter  in  that  of 
Parthenius.  This  statement  has  given  rise  to 
much  difference  of  opinion  from  the  time  of  J. 
Scaliger ;  but  the  explanation  of  Boeckh  in  his 
commentary  on  Pindar  Is  the  most  satisfactory, 
that  the  festival  was  celebrated  on  the  first  full 
moon  after  the  summer  solstice,  which  some- 
times fell  in  the  month  of  ApoUonius,  and  some- 
times in  Parthenius,  both  of  which  he  considers 
to  be  the  names  of  Elean  or  Olympian  months : 
consequently  the  festival  was  usually  celebrated 
in  the  Attic  month  of  Hecatombaeon.  It  lasted, 
after  all  the  contests  had  been  introduced,  five 
days,  from  the  11th  to  the  15th  days  of  the 
month  inclusive.  (Schol.  ad  Pind.  01.  v.  6.) 
The  fourth  day  of  the  festival  was  the  14th  of 
the  month,  which  was  the  day  of  the  full  moon, 
and  which  divided  the  month  into  two  equal 
parts  {Btx^fiTiPis  fi'fiy^  Pind.  OL  iii.  19;  Schol. 
ad  he.). 

The  festival  was  under  the  immediate  super- 
intendence of  the  Olympian  Zeu.%  whose  temple 
at  Olympia,  adorned  with  the  statue  of  the  god 
made  by  Phidias,  was  one  of  the  most  splendid 
works  of  Grecian  art  (Pans.  v.  10,  &c.).  There 
were  also  temples  and  altars  to  most  of  the  other 
gods.  The  festival  itself  may  be  divided  into 
two  parts,  the  games  or  contests  {iyitw  'OKvfi* 
irta«rds,  kiBKwp  ^l/iiAAcu,  npivis  i.40\»¥f  r90fths 
iidOKuPj  viKo^piai),  and  the  festive  rites  (iopHi) 
connected  with  the  sacrifices,  with  the  proces- 
sions and  with  the  public  banquets  in  honour  of 
the  conquerors.  Thus  Pausanias  distinguishes 
between  the  two  parts  of  the  festival,  when  he 
speaks  of  rhv  iy&va  ip  *0\vfari^  vavifytfplp  r< 
*0\vfiwiaKiiP  (v.  4,  §  4).  The '  conquerors  in  the 
games,  and  private  individuals,  as  well  as  the 
theori  or  deputies  from  the  various  states,  offei*ed 
sacrifices  to  the  different  gods;  but  the  chief 
sacrifices  were  offered  by  the  Eleans  in  the  name 
of  the  Elean  state.  The  order  in  which  the 
Eleans  offered  their  sacrifices  to  the  different 
gods  is  given  in  a  passage  of  Pausanias  (v.  14, 
§  5).  There  has  been  considerable  dispute  among 
modern  writers,  whether  the  sacrifices  were 
offered  by  the  Eleans  and  the  Theori  at  the  com- 
mencement or  at  the  termination  of  the  contests ; 
our  limits  do  not  allow  us  to  enter  into  the  con- 
troversy, but  it  appears  most  probable  that 
certain  sacrifices  were  offered  by  the  Eleans  as 
introductory  to  the  games,  but  that  the  majority 
were  not  offered  till  the  conclusion,  when  the 
fiesh  of  the  victims  was  required  for  the  public 
banquets  given  to  the  victors. 

The  contests  consisted  of  various  trials  of 
strength   and   skill,   which   were   increased    in 


number  from  time  to  time.    There  were  in  all 
twenty-four  contests,  eighteen   in  which  men 
took  part  and  six  in  which  boys  engaged,  though 
they  were  never  all  exhibited  at  one  festival, 
since  some  were  abolished  almost  immediately 
after  their  institution,  and  others  after  they  had 
been  in  use  only  a  short  time.     We  subjoin  a 
list  of  these  from  Pausanias  (v.  8,  §  2, 3 ;  9,  §  1, 2 : 
compare  Pint.  Symp.  r.  2),  with  the  date  of  the 
introduction  of  each,  commencing  from  the  Olym- 
piad of  Coroebus: — 1.  The   foot-rmoe  (9p6ftos% 
which   was  the  only  contest  during  the  Urtx 
13  Olympiads.    2.  The  9la»KaSj  or  foot-rsce.  in 
which   the  stadium  was  traversed  twice,  first 
introduced  in  OL  14.    3.  The  96Ktxott  a  still 
longer  foot-race  than  the  9la»XoSf  introduced  in 
01.  15.*     For  a  more  particular  account  of  the 
SfavXos  and  96Kixos  see  Stadium.    4.  Wrestlioi; 
(ircUii)  [Lucta],  and  5.  The  Pentathlum  (vcr- 
TaBKop)y  which  consisted  of  five  exercises  [Pen- 
tathlum], both  introduced  in  Ol.  18.    6.  Boi- 
ing  (mry/A^),  introduced  in  01. 23.   [Pugilatus.] 
7.  The  chariot-race  with  four  full-grown  hones 
(Xmrwp  rtKtUtP   9p6fios,   ^pfMt),   introduced  In 
01.  25.    8.  The  Pancratium  (rayKpdrtop)  [Pak- 
ORATIUm],  and  9.   The  horse-raoe  (Trrot  KiXtp), 
both   introduced   in  01.  33.     10    and  11.  The 
foot-race  and  wrestling  for  boys,  both  introduce  J 
in;  01.  37.     12.  The  Pentathlum  for  bo}^  in- 
troduced  in  01.  38,  but  immediately  afterwards 
abolished.     13.  Boxing  for  boys,  introduced  in 
01.  41.     14.  The  foot-race,  in  which  men  ran 
with  the  equipments  of  heavy-armed  soldiers 
(rwp  dwXirwp  9p6fAOs),  introduced  in  OL  66,  en 
account  of  its  training  men  for  actual  service  in 
war.     15.  The  chariot-race  with  mules  (^T^nj), 
inti-oduoed  in  01.  70;  and  16.  The  horse-race 
with   mares  (iccCXfni),  described    by   Pausanits 
(v.  9,  §  1,  2),   introduced  in  01.  71,  both  of 
which   were    abolished    in    01.    84.      17.  Th« 
chariot-race  with  two  full-grown  horses  (Inrwr 
rcAcIwr  oWMpfs),  introduced  in  OL  93.    18, 19. 
The  contest  of  heralds  (jefipviets)  and  tittrnpeters 
(vaKrrYmai),  introduced  in  OL  96.    (African. 
ap.  Euseb.  Xpop.  i.  'EAX.  6\.  p.  41 ;  Pans.  v.  22, 
§  1 ;  compare  Cic.  ad  Fam.   v.    12.)    20.  The 
chariot-race  with  four  foals  {w^kKmp  BpiuaiffiM)^ 
introduced  in  01.  99.     21.  The  chariot-race  with 
two  foals  (irtiAMif  avpttpii),  introduced  in  01. 12)$. 
22.  The  horse-race   with  foals  (v»Aof  Kikv\ 
introduced  in  01.  131.     23.  The  Pancratium  for 
boys,  introduced  in  OL  145.    24.  There  wss  also 
a  horse-race  (Tmrof  ir^Aiys)  in  which  boys  rode 
(Pans.  vi.  2,  §  4;  12,  §  1 ;  13,  §  6X  but  we  do  not 
know  the  time  of  its  introduction.    Of  these 
contests,  the  greater  number  were  in  existtece 
in  the  heroic  age.,  but  the  following  were  intro* 
duced  for  the  first  time  by  the  Eleans : — all  the 
contests  in  which  boys  took  part,  the  foot-rsc« 
of  Hoplites,  the  races  in  which  foals  were  em- 
ployed, the  chariot-race  in  which  mules  were 
used,  and  the  hone-race  with. mares  {ts6krti\ 


*  Some  words  appear  to  have  dropped  oat  of  the 
pass^^e  of  Psussnias.  In  every  other  case  be  nkentkw 
the  name  of  the  first  conqueror  in  each  new  contest,  bat 
never  the  name  of  the  conqueror  in  the  same  contest  in 
the  following  01.  In  this  passage,  however,  after  gl^iog 
the  name  of  the  flrrt  conqueror  In  the  DIanloa,  ^  add*, 
rn  M  c^^c '  Aj(cy«o«.  There  can  be  little  doabt  that  this 
must  be  the  name  of  the  caoqneror  In  the  DoUcboK; 
which  is  also  expresaly  stated  ty  Aftfeaans  (flptd  Ens. 
Xpoi'.  I.  *BAA.  hk.  p.  39). 


OLYMPIA 


OLYMPIA 


271 


The  coatesU  of  heralds  and  trumpeten  were  also 
probablj  introdaced  after  the  heroic  age. 

Paaaaiiias  (▼.  9,  §3)  says  that  up  to  the  77th 
Oijmpiad  all  the  contests  took  place  in  one  day ; 
bat  «s  it  was  found  impossible  in  that  Olympiad 
to  tmish  them  all  in  so  short  a  time,  a  new 
inaagement  was  made.  The  number  of  days 
is  the  whole  festival,  which  were  henceforth 
deroted  to  the  games,  aod  the  order  in  which 
thej  were  celebrated,  has  been  a  subject  of  much 
dupote  among  modem  writers,  and  in  many 
particulars  can  be  only  matter  of  conjecture. 
The  following  arrangement  is  proposed  by  Krause 
{Oiympia,  p.  106):— On  the  first  day,  the  initi- 
story  sacrifices  were  offered,  and  all  the  com- 
petitors classed  and  arranged  by  the  judges.  On 
the  isme  day,  the  c^ontest  ^tween  the  trumpeters 
took  place ;  and  to  this  succeeded  on  the  same 
4aT  end  the  next  the  contests  of  the  boys,  some- 
^ oat  in  the  following  order: — the  Foot-Race, 
Wrestling,  Boxing,  the  Pentathlum,  the  Pan- 
crstiom,  and,  lastly,  the  Horse-Bace.  On  the 
tiiird  day,  which  appears  to  hare  been  the -prin- 
cipal one,  the  contests  of  the  men  took  place, 
<4inewhat  in  the  following  order: — ^the  simple 
Foot-Bace,  the  Diaulos,  the  Dolichos,  Wrestling, 
Boxing,  the  Pancratium,  and  the  Race  of  Hoplites. 
Oa  the  fourth  day  the  Pentathlum,  either  before 
or  after  the  Chariot  and  Horse  Races,  which  were 
celebrated  oa  this  day.  On  the  same  day  or  on 
the  tilth,  the  contests  of  the  Heralds  may  have 
taken  place.  The  fifth  day  appears  to  hare  been 
deroted  to  processions  and  sacrifices,  and  to  the 
bsoqnets  giren  by  the  Eleans  to  the  conquerors 
in  the  games. 

The  judges  in  the  Olympic  games,  called 
Hellanodicae  ('EXXoroSdccu),  were  appointed  by 
the  Eleaas,  who  had  the  regulation  of  the  whole 
f<»ti?aL  It  appears  to  have  been  originally  under 
the  superintendence  of  Pisa,  in  the  neighbour- 
l^ood  of  which  Olympia  was  situated,  and  ac- 
cordingly we  find  in  the  ancient  legends  the 
iSBtfs  of  Oenomaus,  Pelops,  and  Augeas  as  presi- 
dents of  the  games.  But  after  the  conquest  o£ 
Peloponnesus  by  the  Dorians  on  the  return  of 
the  Heradtdae,  the  Aetolians,  who  had  been  of 
^nti  assistance,  to  the  Heraclidae,  settled  in 
iilisi  and  from  this  time  the  Aetolian  Eleans 
obtained  the  regulation  of  the  festival,  and 
sppoiated  the  presiding  officers.  (Strabo,  viii. 
p^357,  358.)  Pisa,  however,  did  not  quietly 
relinquish  its  claim  to  the  superintendence  of 
the  fintival,  and  it  is  not  improbable  that  at 
^  it  had  an  equal  share  with  the  Eleans  in  its 
administration.  The  Eleans  themselves  only 
reckoned  three  festivals  in  which  they  had  not 
M  the  presidency, — ^namely,  the  8th,  in  which 
Pheidon  and  the  Piseans  obtained  it ;  the  34th, 
vhich  was  celebrated  under  the  superintendence 
«rFsntaleon,  king  of  Pisa ;  and  the  104th,  cele- 
^ted  under  the  superintendence  of  the  Piseans 
^  Orcadians.  These  Olympiads  the  Eleans 
•'^>ed  knfiv^laZts,  as  celebrated  contrary  to 
Uv.    (Paus.  vi.  22,  §3;  4,  §  2.) 

The  Helianodicae  were  chosen  by  lot  from  the 
vliole  body  of  the  Eleans.  Pausanias  (v.  9,  §  4, 5) 
^  liren  an  account  of  their  numbers  at  different 
pen^ds ;  but  the  commencement  of  the  passage 
a  onfoitunately  corrupt.  At  first,  he  says, 
tbere  vcre  only  two  judges  chosen  from  all  the 
Eleaa^  but  that  in  the  25th  01.  (75th  OL  ?) 
use  Helianodicae  were  appointed,  three  of  whom 


had  the  superintendence  of  the  horse-races,  three 
of  the  Pentathlum,  and  three  of  the  other  con- 
tests. Two  Olympiads  after,  a  tenth  judge  was 
added.  In  the  103rd  01.  the  number  was  in- 
creased to  12,  as  at  that  time  there  were  12 
Elean  Phylae,  and  a  judge  was  chosen  from  each 
tribe ;  but  as  the  Eleans  afterwards  lost  part  of 
their  lands  in  war  with  the  Arcadians,  the  num- 
ber of  Phylae  was  reduced  to  eight  in  the  104th 
01.,  and  accordingly  there  were  then  only  eight 
Helianodicae.  But  in  the  108th  01.  the  number 
of  Helianodicae  was  increased  to  10,  and  re- 
mained the  same  to  the  time  of  Pausanias 
(Paus.  /.c). 

The  Helianodicae  were  instructed  for  ten 
months  before  the  festival  by  certain  of  the 
Elean  magistrates,  called  Nofto^^Aoiccs,  in  a 
building  devoted  to  the  purpose  near  the  market- 
place, which  was  called  *E\K»oBiKai^y.  (Paus. 
vi.  24,  §  3.)  Their  office  probably  only  lasted 
for  one  fesUvaL  They  had  to  see  that  all  the 
laws  relating  to  the  games  were  observed  by  the 
competitors  and  others,  to  determine  the  prizes, 
and  to  give  them  to  the  conquerors.  An  appeal 
lay  from  their  decision  to  the  Elean  senate. 
(Pans.  vi.  3,  §  3.)  Their  office  was  considered 
most  honourable.  They  wore  a  purple  robe 
(rop^p/r),  and  had  in  the  Stadium  special  seats 
appropriated  to  them.  (Pans.  vi.  20,  §§  5,  6,  7 ; 
Bekker,  Aiuxd.  p.  249, 4.)  Under  the  direction 
of  the  Helianodicae  was  a  certain  number  of 
&XIJTCU  with  an  iXuri^xt*  ^^  their  head,  who 
formed  a  kind  of  police,  and  curried  into  execu- 
tion the  commands  of  the  Helianodicae.  (Lucian, 
c.  40,  vol.  i.  p.  738,  Reitz ;  Etym,  M.  p.  72,  13.) 
There  were  also  various  other  minor  officers 
under  the  control  of  the  Helianodicae. 

All  free  Greeks  who  had  complied  with  the 
rules  prescribed  to  candidates  were  allowed  to 
contend  in  the  games.  The  equestrian  contests 
were  necessarily  confined  to  the  wealthy;  but 
the  poorest  citizens  could  contend  in  the  athletic 
contests,  of  which  Pausanias  (vi.  10,  §  1)  men- 
tions an  example.  This,  however,  was  far  from 
degrading  the  games  in  public  opinion;  and 
some  of  the  noblest  as  well  as  meanest  citizens 
of  the  state  took  part  in  these  contests.  The 
owners  of  the  chariots  and  horses  were  not 
obliged  to  contend  in  person;  and  the  wealthy 
vied  with  one  another  in  the  number  and  magni- 
ficence of  the  chariots  and  horses  which  they 
sent  to  the  games.  Alcibiades  sent  seven  chariots 
to  one  festival,  a  greater  number  than  had  ever 
been  entered  by  a  private  person  (Tbuc.  vi.  16), 
and  the  Greek  kings  in  Sicily,  Macedon,  and 
other  parts  of  the  Hellenic  world  contended 
with  one  another  for  the  prize  in  the  equestrian 
contests. 

All  persons  who  were  about  to  contend  had 
to  prove  to  the  Helianodicae  that  they  were 
freemen,  of  pure  Hellenic  blood,  had  not  been 
branded  with  atimia,  nor  guilty  of  any  sacri- 
legious act.  They  further  had  to  prove  that 
they  had  undergone  the  preparatory  training 
(wpcyvfirdfffwra)  for  ten  months  previously,  and 
the  truth  of  this  they  were  obliged  to  swear  to 
in  the  BovA-cvr^piov  at  Olympia  before  the  statue 
of  Zeus  *OpKios.  The  fathers,  brothers,  and 
gymnastic  teachers  of  the  competitors,  as  well 
as  the  competitors  themselves,  had  also  to  swear 
that  they  would  be  guilty  of  no  crime  (icajcot^p- 
Tiy^a)  in  reference  to  the  contests.    (Paus.  v.  24, 


272 


OLYMPIA 


§  2.)  All  competitors  were  obliged,  thirty  days 
previous  to  the  festival,  to  undergo  certain  exer- 
cises in  the  Gymnasium  at  Elis,  under  the  super- 
intendence of  the  Hellanodicae.  (Pans.  vi.  26, 
§  1-3 ;  24,  §  1.)  The  different  contests,  and  the 
order  in  which  they  would  follow  one  another, 
were  written  by  the  Hellanodicae  upon  a  tablet 
(\ciJicwfta)  exposed  to  public  view.  (Compare 
Dio  Cass.  Ixxix.  10.) 

The  competitors  took  their  places  by  lot,  and 
were  of  course  differently  arranged  according  to 
the  different  contests  in  which  they  were  to  be 
engaged.  The  herald  then  proclaimed  the  name 
and  country  of  each  competitor.  (Compare 
Plato,  Leg.  viii.  p.  833.)  When  they  were  all 
ready  to  begin  the  contest,  the  judges  exhorted 
them  to  acquit  themselves  nobly,  and  then  gave 
the  signal  to  commence.  Any  one  detected  in 
bribing  a  competitor  to  give  the  victory  to  his 
antagonist  was  heavily  fined;  the  practice  ap- 
pears to  have  been  not  uncommon  from  the 
many  instances  recorded  by  Pausanias  (v.  21). 

The  only  prize  given  to  the  conqueror  was  a 
garland  of  wild  olive  (ic^iyof),  which  according 
to  the  Rlean  legends  was  the  prize  originally 
instituted  by  the  Idaean  Heracles.  (Pans.  v.  7, 
§  4.)  But  according  to  Phlegon's  account  (Tlcpi 
rm¥  *OKufiwU»p,  p.  140),  the  olive  crown  was  not 
given  as  a  prize  upon  the  revival  of  the  games 
by  Iphitus,  and  was  first  bestowed  in  the  seventh 
Olympiad  with  the  approbation  of  the  oracle  at 
Delphi.  This  garland  was  cut  from  a  sacred 
olive-tree,  called  4\cda  tcaXXitrr^^ayor,  which 
grew  in  the  sacred  grove  of  Altis  in  Olympia, 
near  the  altars  of  Aphrodite  and  the  Hours. 
(Pans.  V.  15,  §  3.)  Heracles  is  said  to  have 
brought  it  from  the  country  of  the  Hyperboreans, 
and  to  have  planted  it  himself  at  the  ripfia  of 
the  hippodrome  outside  the  Altis.  (Pind.  OL 
ii.  14 ;  Miiller,  Dor,  ii.  12,  §  3.)  A  boy,  both 
of  whose  parents  were  still  alive  {iifAp^aK^s 
itais)f  cut  it  with  a  golden  sickle  (xpvo'^ 
iperdytfi).  The  victor  was  originally  crowned 
upon  a  tripod  covered  over  with  bronze  {rplwovs 
MxaXxos),  but  afterwards,  and  in  the  time  of 
Pausanias,  upon  a  table  made  of  ivory  and  gold. 
(Paus.  V.  12,  §  3 ;  20,  §  1,  2.)  Palm  branches, 
the  common  tokens  of  victory  on  other  occasions, 
were  placed  in  their  hands.  The  name  of  the 
victor,  and  that  of  his  father  and  of  his  country, 
were  then  proclaimed  by  a  herald  before  the  re- 
presentatives of  assembled  Greece.  The  festival 
ended  with  processions  and  sacrifices,  and  with  a 
public  banquet  given  by  the  Eleans  to  the  con- 
querors in  the  Prytaneum.     (Paus.  v.  15,  §  8.) 

The  most  powerful  states  considered  an  Oljrmpic 
victory  gained  by  one  of  their  citizens  to  confer 
honour  upon  the  state  to  which  he  belonged; 
and  a  conqueror  usually  had  immunities  and 
privileges  conferred  upon  him  by  the  gratitude 
of  his  fellow-citizens.  The  Eleans  allowed  his 
statue  to  be  placed  in  the  Altis,  which  was 
adorned  with  numerous  such  statues  erected  by 
the  conquerors  or  their  families,  or  at  the  ex- 
pense of  the  states  of  which  they  were  citizens. 
On  his  return  home,  the  victor  entered  the 
city  in  a  triumphal  procession,  in  which  his 
praises  were  celebrated  frequently  in  the  loftiest 
strains  of  poetry.  (Compare  Athletae,  Vol.  I. 
p.  239  a.) 

Sometimes  the  victory  was  obtained  without  a 
contest,  in  which  case  it  was  said  to  be  iucorirL 


OLYMPIA 

This  happened  either  when  the  antagonist,  who 
was  assigned,  neglected  to  come  or  came  to** 
late,  or  when  an  Athletes  had  obtained  sncfa 
celebrity  by  former  conquests  or  possessed  such 
strength  and  skill  that  no  one  dared  to  oppose 
him.  (Paus.  vi.  7,  §  2.)  When  one  state  con- 
ferred a  crown  upon  another  state,  a  proclama- 
tion to  this  effect  was  frequently  made  at  the 
great  national  festivals  of  the  Greeks  (Dcmosth. 
de  Cor,  p.  265> 

As  persons  from  all  parts  of  the  Hellenic 
world  were  assembled  together  at  the  Olympic 
games,  it  was  the  best  opportunity  which  the 
artist  and  the  writer  posslused  of  making  their 
works  known.  In  fact,  it  answered  to  somr 
extent  the  same  purpose  as  the  press  does  in 
modem  times.  Before  the  invention  of  printing, 
the  reading  of  an  author's  works  to  as  large  an 
assembly  as  could  be  obtained,  was  one  of  the 
easiest  and  surest  modes  of  publishing  them; 
and  this  was  a  favourite  practice  of  the  Greek» 
and  Romans.  Accordingly,  we  find  many  in- 
stances  of  literary  works  thus  published  at  the 
Olympic  festival.  Herodotus  is  said  to  bare 
read  his  history  at  this  festival;  but  tboQgb 
there  are  some  reasons  for  doubting  the  correct- 
ness of  this  statement,  there  are  numeroos  other 
writers  who  thus  published  their  works,  u  the 
sophist  Hippias,  Prodicns  of  Ceos,  Anaximenes, 
the  orator  Lysias,  Dio  Chrysostom,  &c.  (Com- 
pare Lucian,  Herod,  c.  3,  4,  voL  i.  p.  834,  Reitx.) 
It  must  be  borne  in  mind  that  these  reciutiooi 
were  not  contests,  and  that  they  formed  pro- 
perly no  part  of  the  festival.  In  the  same  way 
painters  and  other  artists  exhibited  their  work^ 
at  Olympia.     (Lucian,  /.  c.) 

The  Olympic  games  continued  to  be  oelebrsteJ 
with  much  splendour  under  the  Roman  emperors 
by  many  of  whom  great  privileges  were  awarded 
to  the  conquerors.  [Athletae,  Vol.  I.  p.  ^41] 
In  the  sixteenth  year  of  the  reign  of  Theodosin>, 
A.D.  394  (01. 293),  the  Olympic  festival  was  for 
ever  abolished ;  but  we  have  no  account  of  the 
names  of  the  victors  from  01.  249. 

Our  limits  do  not  allow  us  to  enter  into  the 
question  of  the  influence  of  the  Olympic  game» 
upon  the  national  character ;  but  the  reader 
will  find  some  useful  remarks  on  this  subject  in 
Thirlwall's  Hist,  of  Greece,  vol.  i.  p.  390,  and 
Grote's  Hist,  of  Greece,  iv.  pp.  75  ff. 

There  were  many  ancient  works  on  the  mb- 
ject  of  the  Olympic  games  and  the  oonq^er(>^^ 
therein.  One  of  the  chief  sources  from  whub 
the  writers  obtained  their  materials  Anst  have 
been  the  registers  of  conquerors  in  the  games 
which  were  diligently  preserved  by  the  Elean*. 
(*HAfffwr  is  robs  'OKvfartopiKOs  ypA/ittaTa^  Paus. 
iii.  21,  §  1,  V.  21,  §  5,  vi.  2,  §  1 ;  ri  *HKti<'r 
ypdfifwra  Vxa^a*  v.  4,  §  4.)  One  of  the  wcxt 
ancient  works  on  this  subject  was  by  the  Own 
Hippias,  a  contemporary  of  Plato,  and  waa  enti- 
tled h^aypa^  ^OKv/ariwucw  (Plut.  Nv»h  1> 
Aristotle  also  appears  to  have  written  a  work 
on  the  same  subject  (Diog.  LaCrt.  v.  26).  ^  There 
was  a  work  by  Timaeus  of  Sicily,  entitled  'OAwji- 
wtoinKai  9l  xP^vuch  irpo^iSio,  and  another  by 
Erastosthenes  (bom  B.C.  275),  also  called  'iMw- 
irioiTiKat  (Diog.  LaiJrt.  viii.  51).  The  Athrtnan 
Stesicleides  is  mentioned  as  the  author  of  an 
kvorypoA^  rwv  dpx<(*^»*'  *^^  'OAw^v^'**^ 
(Diog.  La«rt.  ii.  56),  and  Pliny  (H.  A',  viii.  §«-) 
speaks  of  Scopas  (?)  as  a  writer  of  d^mpioaicae. 


OLYMPIA 


OLYMPIA 


273 


There  were  also  manj  ancient  works  on  the 
Greek  fe^tirals  in  general^  in  which  the  Olympic 
gizoes  vere  of  course  treated  of.  Thus  the 
Tkoik  of  Dicaearchus  Tltpl  *Ky^vw¥  (Diog.  LaSrt. 
r.  47)  wntained  a  division  entitled  6  '0\vft- 
tacii  (Athen.  xir.  p.  620  d). 

Obc  of  the  most  important  works  on  the 
Oljmpk  games  waa  by  Phlegon  of  Tralles,  who 
bred  in  the  reign  of  Hadrian  ;  it  was  entitled 
XitfH  tm^Okv^imp  or  *0\viiitluv  koL  XpoviKwp 
Imepty^h  was  comprised  in  16  books,  and 
eitenied  from  the  first  Olympiad  to  01.  229. 
We  still  possess  two  considerable  fragments  of 
i:.  The  important  work  of  Julius  Africanns, 
'EJiXipw  '0\v/urid(5cf  iarh  r^s  wp^ory^Sy  &c.,  is 
preierred  to  ns  by  Euaebius ;  it  comes  down  to 
Oi.  249.  Dezippua  of  Athens,  in  his  xp^^^ 
iffT9piaf  carried  down  the  Olympic  conquerors  to 
UL262. 

In  modtfn  works  much  useful  information  on 
the  Olympic  games  is  given  in  Corsini's  Dissert. 
A;fomkioaey  and  in  Boeckh's  and  Dissen's  edi- 
tkns  of  Pindar.  Sea  also  Meier's  article  on  the 
(.4jmpic  Gamea,  and  Rathgeber's  articles  on 
<  -1  jmpia,  Olympieion,  and  Olympischer  Jupiter 
IB  Ersch  and  Gmber's  £ncychpadie ;  Dissen, 
i'^er  die  Anordnnmg  der  Olympiscfien  Spide^  in 
bit  Kievm  Schriften,  p.  185;  Kranse,  Olymph 
(-'ier  DanteUwig  der  grotsen  Oltfmpischen  Sjpiele, 
\Sm^  1838 ;  and  Boetticher,  Oiympia,  1886. 

la  coarse  of  time  festirals  were  established 
in  MTeral  Greek  states  in  imitation  of  the  one  at 
Oijmpia,  to  which  the  same  name  was  given. 
Some  of  these  are  only  known  to  us  by  inscrip- 
tk<os  tod  coins ;  but  othera,  as  the  Olympic  festi- 
raJ  at  Antioch,  obtained  great  celebrity.  After 
tncM  Olympic  festivals  had  been  established  in 
Mtfzal  places,  the  great  Olympic  festival  is 
si^cwtimes  designated  in  inscriptions  by  the  addi- 
tktt  of  *«  in  Pisa,'*  iw  ntlffp.  (Compare  Boeckh, 
hxr.  n.  247,  pp.  361,  362 ;  n.  1068,  p.  564.) 
^e  subjoin  fin>m  Krause  an  alphabetical  list  of 
these  smaller  Olympic  festivals.  They  were 
cHebratedat: — 

Aegae  in  Macedonia.  This  festival  was  in 
^xiiteBce  in  the  time  of  Alexander  the  Great. 
(ArnsD,  ilfiaft.  i.  11.) 

AlexoMiria.  (Gmter,  Inscr,  p.  cocxiv.  n.  240.) 
la  Uter  times,  the  number  of  Alexandrian  con- 
qoerors  in  the  great  Olympic  games  was  greater 
tfean  from  any  other  state. 

^naxarbui  in  Cilicia.  This  festival  was  not 
ittrodoced 'till  a  late  period.  (Eckhel,  Docir. 
^m.  iii.  p.  44.) 

Antioch  in  Syria.     This  festival  was  oele- 

Wued  at  Daphne,  a  small  place  40  stadia  from 

A&tioeh,  where  there  was  a  large  sacred  grove 

VAU-red  by  many  fountains.     The  festival  was 

'•r.piuWy  called'  Daphnea,  and   was  sacred  to 

Apollo  and  Artemis  (Strabo,  xvi.  p.  750 ;  Athen. 

T  (•.  194%  but  was  called  Oiympia,  after  the 

^^habitants  of  Antioch  had  purchased  ^m  the 

c^^caiu,  in  ▲.D.  44,  the  privilege  of  celebrating 

Oirmpie  games.     It  was  not,  however,  regularly 

'(^Wated  as  an  Olympic  festival  till  the  time 

*(  the  Emperor  Commodus.     It  commenced  on 

*'k^  fiftt   day   of  the    month    Hyperberetaeus 

f'Atober),  with   which  the    year    of   Antioch 

'■•^CUL    It  waa  voder  the  presidency  of  an  Alyt- 

•f'cbet.     The  celebration  of  it  was  abolished  by 

Jasthk,  A-Su  521.    The  writings  of  Libanius,  and 

'•  Chrysostom,  the  Christian  Father,  who  lived 


many  years  at  Antioch,  gave  various  particulars 
respecting  this  festival. 

Athens.  There  were  two  festivals  of  the  name 
of  Oiympia  celebrated  at  Athens,  one  of  which 
was  in  existence  in  the  time  of  Pindar  (Pind. 
Nem,  ii.  23,  &c. ;  Schol.  ad  loc,\  who  celebrates 
the  ancestors  of  the  Athenian  Timodemus  as 
conquerors  in  it,  and  perhaps  much  earlier 
(Schol.  ad  Thnc.  i.  126).  It  was  celebrated  to 
the  honour  of  Zeus,  in  the  spring  between  the 
great  Dionysia  and  the  Bendideia.  (Boeckh, 
Inscr,  pp.  53,  250-252.)  The  other  Olympic 
festival  at  Athens  was  instituted  by  Hadrian 
A.D.  131 ;  from  which  time  a  new  Olympic  era 
commenced.  (Corsini,  Fast,  Att.  vol.  ii.  pp.  105, 
110,  &c. ;  Spartinn.  Hadr.  13.)    [Olympias.] 

Attalia  in  Pamphylia.  This  festival  is  only 
known  to  us  by  coins.    (Rathgeber,  /.  c.  p.  326.) 

Cyzicus.    (Boeckh,  Inscr.  n.  2810.) 

Cyrene.    (Boeckh,  Explicat.  Find.  p.  328.) 

Dium  in  Macedonia.  These  games  were  insti- 
tuted by  Archelaus,  and  lasted  nine  days,  corre- 
sponding to  the  number  of  the  nine  Muses. 
They  were  celebrated  with  great  splendour  by 
Philip  II.  and  Alexander  the  Great.  (Diodor. 
xvii.  16;  Dio  Chrysost.  vol.  i.  p.  73,  Reiske; 
Suidas,  s.  v.  'Ayo^aySpfdij; .) 

Ephesus.  This  festival  appears  by  inscrip- 
tions, in  which  it  is  sometimes  called  'ASpioya 
*0\ifarui  ip  *£^^^y,  to  have  been  instituted  by 
Hadrian.  (Boeckh,  Inscr,  n.  2810;  compare 
n.  2987,  3000.) 

Elis,  Besides  the  great  Olympic  games, 
there  appear  to  have  been  smaller  ones  cele- 
brated yearly.  (Anecdat,  Gr.  ed.  Siebenk.  p.  95.) 

Magnesia  in  Lydia.  (Rathgeber,  /.  c.  pp.  326, 
327.) 

Neapolis,  (Corsini,  Diss.  Agon.  iv.  14,  p.  103.) 

Nioaea  in  Bithynia.  (Eustath.  ad  Dionys. 
Perieg.  pp.  172,  173,  in  Oeogr.  Min.  ed.  Bern- 
hardy.) 

Nicopolis  in  Epeirus.  Augustus,  after  the 
conquest  of  Antony,  off  Actium,  founded  Nico- 
polis, and  instituted  games  to  be  celebrated 
every  five  years  (&7^y  ir9vrtrripuc6s)  in  com- 
memoration of  his  victory.  These  games  are 
sometimes  called  Olympic,  but  more  frequently 
bear  the  name  of  Actia.  They  were  sacred  to 
Apollo,  and  were  under  the  care  of  the  Lacedae- 
monians.    (Strabo,  vii.  p.  325.)     [Actia.] 

Olympus  in  Thessaly,  on  the  mountain  of  that 
name.  (Schol.  ad  ApoU.  Rhod.  Argonaut,  i. 
599.) 

Pergamos  in  Mysia.  (Boeckh,  Inscr.  n.  2810  ; 
Mionnet,  ii.  610,  n.  626.) 

Side  in  Pamphylia.    (Rathgeber,  p.  129.) 

Smyrna.  Pausnnias  (vi.  14,  §  1)  mentions  aa. 
Agon  of  the  Smymaeans,  which  Corsini  {Diss. 
Agon.  i.  12,  p.  20)  supposes  to  be  an  Olympic 
festival.  The  Marmor  Oxoniense  expressly  men- 
tions Oiympia  at  Smyrna,  and  they  also  occur 
in  inscriptions.  (Gruter,  Inscr.  p.  314,  Ij 
Boeckh,  Inscr.  ad  n.  1720.) 

Tarsus  in  Cilicia.  This  festival  is  only 
known  to  us  by  coins.     (Krause,  p.  228.) 

Tegea  in  Arcadia.     (Boeckh,  Inscr.  n.  1513, 

P-  700.) 

Thesscdonioa  in  Macedonia.    (Krause,  p.  230.) 
7%yatira  in  Lydia.     (Rathgeber,  p.  328.) 
Tro/tea  in  Lydia.    (Krause,  p.  233.) 
Turns  in  Phoenicia.    (Rathgeber,  p.  328.) 
^  [W.S.]    [J.  LB.] 


274 


0LTMPIA8 


OLYMPIAS 


OLY'MFIAS  CO\vfi,inds\  the  most  cele- 
brated chronological  era  among  the  Greeks,  was 
the  period  of  four  years  which  elapsed  between 
any  one  and  the  next  following  celebration  of 
the  Olympic  games.  The  Olympiads  began  to 
be  reckoned  from  the  victory  of  Coroebos  in  the 
foot-race,  which  happened  in  the  year  B.C.  776 
(Pans.  v.  8,  §  3;  viii.  26,  §  3;  Strab.  viii. 
p.  355).  Timaeus  of  Sicily,  howerer,  who 
flourished  B.c.  264,  was  the  first  writer  who 
regularly  arranged  eyents  according  to  the  con- 
querors in  each  Olympiad,  with  which  he 
compared  the  years  of  the  Attic  archons, 
the  Spartan  ephors,  and  that  of  the  Argive 
priestesses  (Polyb.  xii.  12,  §  1).  His  practice 
of  recording  events  by  Olympiads  was  followed 
by  PolybiuSy  Diodorus  Siculus,  Dionysius  of 
Halicamassus,  and  sometimes  by  Pausanias, 
Aelian,  Diogenes  LaSrtins,  Arrian,  &c.  It  is 
twice  adopted  by  Thucydides  (iii.  8,  v.  49)  and 
Xenophon  {IfeU,  i.  2,  §  1;  ii.  3,  §  1).  The 
names  of  the  conquerors  in  the  foot-race  only 
were  used  to  designate  the  Olympiad,  not  the 
conquerors  in  the  other  contests.  Thucydides 
{IL  ccJ)f  however,  designates  two  Olympiads  by 
the  name  of  the  conquerors  in  the  Pancratium ; 
but  this  appears  ooly  to  have  been  done  on 
account  of  the  celebrity  of  these  victors,  both  of 
whom  conquered  twice  in  the  Pancratium. 
Other  writers,  however,  adhere  so  strictly  to 
the  practice  of  designating  the  Olympiad  only 
by  the  conqueror  in  the  foot-race,  that  even 
when  the  same  person  had  obtained  the  prise  in 
other  contests  as  well  as  in  the  foot-race,  they 
only  mention  the  latter.  Thus  Diodorus  (xi. 
70)  and  Pausanias  (iv.  24,  §  2)  only  record  the 
conquest  of  Xenophon  of  Corinth  in  the  foot- 
race, although  he  had  also  conquered  at  the 
same  festival  in  the  Pentathlum. 

The  writers  who  make  use  of  the  eras  of  the 
Oljrmpiads  usually  give  the  number  of  the 
Olympiad  (the  first  corresponding  to  B.  c.  776), 
and  then  the  name  of  the  conqueror  in  the  foot- 
race. Some  writers  also  speak  of  events  as 
happening  in  the  first,  second,  third,  or  fourth 
year,  as  the  case  may  be,  of  a  certain  Olympiad ; 
but  others  do  not  give  the  separate  years  ^f 
«ach  Olympiad. 

We  subjoin  for  the  use  of  the  student  a  list 
of  the  Olympiads  with  the  years  of  the  Chris- 
tian era  corresponding  to  them  from  the  begin- 
ning of  the  Olympii^  to  ▲.D.  301.  To  save 
space  the  separate  years  of  each  Olympiad, 
with  the  corresponding  years  B.C.,  are  only  given 
from  the  47th  to  the  126th  Olympiad,  as  this 
is  the  most  important  period  of  Grecian  his- 
tory ;  in  the  other  Olympiads  the  first  year  only 
is  given.  In  consulting  the  follgwing  table  it 
must  be  borne  in  mind  that  the  Olympic  games 
were  celebrated  about  midsummer  [Oltmpia], 
and  that  the  Attic  year  commenced  at  about 
the  same  time.  If,  therefore,  an  event  happened 
in  the  second  half  of  the  Attic  year,  the  year 
B.a  must  be  reduced  by  1.  Thus  Socrates 
was  put  to  death  in  the  1st  year  of  the 
95th  Olympiad,  which  corresponds  in  the  fol- 
lowing table  to  B.C.  400 ;  but  as  his  death  hap- 
pened in  Thargelion,  Uie  11th  month  of  the 
Attic  year,  the  year  B.C.  must  be  reduced  by 
1,  which  gives  us  B.a  399,  the  true  date  of  his 
death. 


B.C. 

OL 

B.O. 

01 

1. 

B.C. 

776. 

1.    1. 

647. 

2. 

456. 

772. 

2.    1. 

646. 

3. 

455. 

768. 

3.    1. 

545. 

4. 

464. 

764. 

4.    1. 

644. 

69. 

1. 

453. 

760. 

6.    1. 

643. 

2. 

452. 

766. 

6.    1. 

642. 

3. 

461. 

762. 

7.    1. 

641. 

4. 

460. 

748. 

8.     1. 

640. 

60. 

1. 

449. 

744. 

•.    1. 

639. 

2. 

448. 

740. 

10.     1. 

638. 

3. 

447. 

736. 

11.     1. 

637. 

4. 

446. 

732. 

12.     1. 

636. 

61. 

1. 

445. 

728. 

IS.     1. 

636. 

2. 

444. 

724. 

14.     1. 

634. 

3. 

443. 

720. 

16.     1. 

533. 

4. 

442. 

716. 

16.     1. 

532. 

62. 

1. 

441. 

712. 

17.     1. 

631. 

2. 

440. 

708. 

18.    1. 

630. 

3. 

439. 

704. 

19.     1. 

629. 

4. 

438. 

700. 

20.     1. 

628. 

63. 

1. 

437. 

686. 

21.     1. 

627. 

2. 

436. 

692. 

22.    1. 

626. 

3. 

435. 

688. 

23.     1. 

625. 

4. 

434. 

684. 

24.     1. 

624. 

64. 

1. 

433. 

680. 

25.     1. 

523. 

2. 

432. 

«76. 

26.     1. 

622. 

3. 

431. 

672. 

27.    1. 

621. 

4. 

430. 

668. 

28.     1. 

620. 

65. 

1. 

439. 

664. 

29.     1. 

619. 

2. 

428. 

660. 

30.    1. 

618. 

3. 

427. 

666. 

31.     1* 

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jJoif  of  tlie  Ancient  writers  did  not  consider 
^  to  be^B  till  the  Olympiad  of  Coroebuo, 
P^  regtrded  as  fabulous  the  events  said  to 
<t^n^"**  in  preceding  times.  (Censorinus, 
^  ^  Natal,  c.  21 ;  African,  apud  Euseb.  Praep. 
L^  ^'  ^^i    CUnton,  Fast  Hell,  vol.  ii. 

■•  oU  Olympiad  era  appears  only  to  have 


OPERIS  NOVI  NUNTIATIO     275 

been  used  by  writers,  and  especially  by  his- 
torians. It  does  not  seem  to  have  been  ever 
adopted  by  auy  state  in  public  documents.  It 
is  never  found  on  any  coins,  and  scarcely  ever 
on  inscriptions.  There  are  only  two  inscrip- 
tions published  by  Boeckh  in  which  it  appears 
to  be  used  {Corp,  Inscr,  n.  2682,  2999).  A 
new  Olympiad  eim,  however,  came  into  use 
under  the  Roman  emperors,  which  U  found  in 
inscriptions  and  was  used  in  public  documents. 
This  era  begins  in  01.  227.  3  (A.D.  131),  in 
which  year  Hadrian  dedicated  the  Olympieion 
at  Athens ;  and  accordingly  we  find  01.  227.  3 
spoken  of  as  the  first  Olympiad,  01.  228.  3  (a.d. 
135)  as  the  second  Olympiad,  &c  (Boeckh, 
Corp.  Inscr,  n.  342,  446,  1345). 

(Krause,  Olympian  p.  60,  &c. ;  Wurm,  de  Pond., 
&c.,  §  94,  &c.)  [W:  S.] 

ONYX.      [SCALPTURA.] 

OPA.    [Metopa.] 

OPAXLA,  a  Roman  festival  in  honour  of 
Opo  (or  Opis),  which  was  celebrated  on  the  14th 
day  before  the  Kalends  of  January  (Dec.  19), 
being  the  third  day  of  the  Saturnalia,  which 
in  popular  mtage  as  a  time  of  holidiiy  extended 
from  the  17th  to  23rd  December.  From  the  time 
of  Augustus  onwards  the  17th  belonged  especially 
to  Saturn,  the  19th  to  Ops,  the  wife  of  Saturn. 
(Macrob.  Sat  i.  12 ;  Varr.  Z.  L.  vi.  22,  ed.  Miiller ; 
Festus,  B.  V.  Opalia.)  The  worshippers  of  Ops 
paid  their  vows  sitting,  and  touched  the  earth, 
of  which  she  was  the  goddess  (Macrob.  /.  c), 
with  which  may  be  compared  77.  ix.  565,  Tcuw 
XCfNT^v  AXofo. .  .trpSxrv ica0€(ofihnfi :  the  method 
of  addressing  supplications  alike  to  the  Earth 
and  to  vipr^poi  dwl.  (See  Preller,  Rlhn.  Myth. 
pp.  416,  417.)  [L.  S.]    [0.  E.  M.] 

OPEHIS  NOVI  NTOTIATIO  was  a 
summary  extra-judicial  remedy  provided  by 
the  edict  against  a  person  who  was  making  an 
optis  novum,  by  which  is  to  be  understood  the 
building,  altering,  or  demolishing  of  some 
structure  attached  to  the  soil  (Dig.  39, 1,  1, 12); 
and  its  object  was  either  the  maintenance  of  a 
private  right,  the  prevention  of  damage,  or  the 
protection  of  the  public  interest  (Dig.  tft.  1,  16). 
The  right  of  making  the  nuntiatio  belonged  (1) 
to  the  owner  of  land,  *'qui  jus  aliquid  prohibendi 
habet : "  his  right  might  be  founded  either  on 
anticipated  injury  to  his  own  property,  on  some 
statutory  rule  (e.^.  those  relating  to  the  heiglit 
of  buildings),  or  on  a  contract  or  private 
disposition  of  his  neighbour ;  (2)  to  the  super- 
ficiarius,  pledgee,  emphyteuta,  and  bonft-fide 
possessor  of  the  land ;  (3)  to  any  one  else  who 
is  so  endangered  by  the  opus  novum  that  he 
could  demand  *'cautio  damni  infecti"  (Dig. 
ib.  1,  17) ;  and  (4)  to  any  full-gprown  citizen,  if 
the  opus  is  in  loco  sacro,  religioso,  or  publico 
(Dig.  ib.  3,  4).  But  a  lessee,  or  a  person  who 
merely  had  a  servitude  over  the  threatened 
property,  had  no  right  of  nuntiatio,  and  even 
the  usufructuarius  could  make  it  only  in  the 
name  and  on  behalf  of  the  dominus  (Dig. 
ib.  1,  20). 

In  form  the  nuntiatio  was  a  notice,  given  on 
the  spot  (Dig.  ib.  5,  4),  to  discontinue  the  opus : 
it  could  be  made  either  personally  or  through 
an  agent  (though  the  latter  would  have  to  give 
the  cautio  de  rato.  Dig.  ib.  5,  18),  but  must  be 
in  the  presence  of  the  person  responsible  for  the 
work  protected  against,  or  of  some  subordinate 

T  2 


276 


OPIMA  SPOLIA 


OPSON 


of  his  from  whom  he  could  receive  information 
of  it.  No  application  to  or  assistance  from  the 
praetor  was  requisite  (Dig.  ib,  1,  2),  but  it  was 
essential  that  the  notice  should  be  given  before 
the  opus  was  completed:  after  completion  it 
was  of  no  effect  (i6.  1,  1,  "futura  opera"), 
redress  being  then  obtainable  only  by  the 
interdict  **  Quod  ri  aut  clam." 

If  the  opus  novum  consisted  in  building  on 
the  complainant's  land,  or  inserting  or  causing 
anything  to  project  into  his  premises,  it  waa 
better  to  apply  at  once  to  the  praetor,  or  to 
prevent  it  per  manum ;  that  is  (as  it  is  explained) 
*^  jactu  lapilli,"  which  was  a  symbolical  resort 
to  force  for  self-protection  (Dig.  i&.  5,  10; 
43,  24,  20,  pr.). 

The  result  o.f  nuntiatio  was  that  any  conti- 
nuation of  the  work  was  unlawful,  so  that  the 
injured  person,  in  that  event,  was  entitled  by 
the  so-called  *Mnterdictum  de  demoliendo"  to 
be  restored  in  statum  quo  (Dig.  ib.  20,  pr.  and  4). 
It  could  be  extinguished  or  cancelled  in  a  variety 
of  ways:  e.g.  by  waiver  on  the > part  of  the 
nuntians,  unless  made  in  the  public  interest 
(Dig.  i6.  1,  10 ;  2, 14,  7,  14) ;  by  the.death  of  the 
nuntians  (ib.  8, 6),  or  by  his  parting  with  the  land 
which  entitled  him  to  raise  his  voice  against  the 
opus;  by  the  person  answerable  for  it  giving 
security  that  if  judgment  were  delivered  against 
its  legality  he  would  at  his  own  cost  restore 
things  in  statwn  quo  (Dig.  t6.  5,  17),  and  by  the 
nuntians  refusing  such  security  when  properly 
tendered.  When  the  cautio  was  given,  or  un- 
lawfully rejected  by  the  nuntians,  the  party 
was  entitled  to  an  **  Interdictum  prohibitorium  " 
for  his  protection  in  prosecuting  the  work  (Dig. 
»&.  20,  9  sqq.}.  Finally,  the  person  to  whom 
notice  was  given  could  take  legal  proceedings 
(extra  ordinem.  Dig.  ib.  1,  9)  to  obtain  permission 
for  carrying  the  work  on  (remissio:  **operis 
novi  nuntiationem  remiserit,'*  Lex  Oail.  Cis- 
alp.  X.),  on  the  ground  that  the  nuntiatio  was 
illegal  or  had  been  waived,  or  that  the  public 
interest  required  its  completion ;  but  such 
renussio  was  not  a  final  determination  of.  the 
rights  of  the  case,  which  could  be  attained  only 
by  a  real  action. 

(Dig.  39,  1;  43,  25;  Cod.  8,  11.  Besides 
the  account  given  of  the  law  on  the  matter  in 
the  usual  text-books  on  Koman  Law,  there 
are  express  treatises  on  the  subject  by  StOl- 
zel,  Reinhard,  Polis,  Hesse,  Burkhani,  and 
others.)  [J.  B.  M.] 

OPI'MASPOXIA.    [Spolia.] 

OPINATO'BES  were  officers  under  the 
Roman  emperors  who  were  sent  to  demand 
arrears  of  the  annona  militaris.  The  regular 
collector  was  termed  exactor ;  the  opinator  was 
an  extraordinary  official  sent  to  coerce  overdue 
supplies,  and  was  for  the  army  what  the 
oompuhor  was  for  other  tribute.  The  name  is 
probably  derived  from  opinari  in  the  sense  of 
aestimare,  because  they  assessed  what  the  due 
amounted  to.  (Cod.  12,  tit.  38,  s.  11 ;  Cod, 
Theod,  7,  tit.  4,  s.  26 ;  Symmach.  Ep.  ix. 
49.)  [W.  S.]    [G.  E.M.] 

OPISTHO'DOMUS.    [Templum.] 

OPISTHO'GRAPHI.    [Liber.] 

OPPIDUM,  originally  the  stronghold, 
commonly  overlooking  the  plain  (pb  pedvm)j 
which  served  as  a  refuge  in  times  of  danger,  for 
the    inhabitants  of   the    surrounding  district. 


(The  derivation  from  opus,  suggested  by  MomA- 
sen,  H.  H.  i.  39,  E.  T.,  is  impossible,  and  has 
been  abandoned  by  him  in  later  editiuos.) 
Hence  it  did  not  differ  essentially  from  urk 
But  while  the  latter  word  came  to  be  used 
especially  of  Rome,  oppidum  became  the  general 
name  for  country  towns,  including  muiuci)/ia, 
praefecturae,  and  ooloniae  [ColokiaI.  The 
term  is  also  commonly  used  of  the  towD» 
which  possessed  Latin  rights  (oppida  Latinn); 
for  the  organisation  of  these,  cf.  the  Lege$ 
Salpensana  et  Malacitana  in  C.  L  L.  ii.  pp. 
253  ff.  [A  S.  W.] 

OPSOK  (6^oy:    in  Latin  cbsonium  or  o/so- 
nium    corresponds    to    some    extent,   but  not 
entirely :    see   below),  by  etymology  the  non- 
farinaceous  part  of  a  meal  (that  which  vts 
cooked),  but  by  usage  almost  restricted  in  post- 
Homeric  times  to  fish.     It  must  be  remarked  that 
in  the  Homeric  age  fish  does  not  seem  to  hare 
been   regarded  as  a  proper  article  of  food  for 
those  who  could  get  anything  else,  even  when 
they  lived,  as  in  Ithaca,  close  to  the  sea:  thi» 
has  been  noticed  by  Plato,  Sep.  iii.  p.  404  B, 
and  Plut<arch  (de  Is.  et  Osir.  7 ;  cf.  Atfaen.  i. 
p.  9  d),  and  the  same  also  is  asserted  of  the  old 
Italians  (Ov.  Fast.  vi.  173).     It  cannot  be  eaid 
that   fish  was  unknown  as  food,  for  we  hare 
fishermen  (Od.  xii.  251 ;  xiz.  113,  where  it  ii 
cheap,  gratuitotu  food ;  xxii.  384 :  compare  the 
gruesome  simile  in  Od.  x.  124) ;  and  Odysseof 
and  his  companions  eat  fish  in  Thrinacia;  bat 
that  is  only,  aa  we  are  told,  **  under  stress  of 
gnawing  hunger,"  when  they  were  wind-bound 
and  had  eaten  all  their  provisions.    In  II.  is. 
489,  Od.  iii.  480,  &c.,  &^o¥  is  cooked  meat:  in 
Ii.  xi.  630  the  word  is  used  in  a  sense  more  like 
that  of  later  times,  of  an  onion  prepared  as  a 
"  relish "   or  seasoning,   in   or   with  wine.    In 
later  times,  at  any  rate  at  Athens,  it  is  easy  u> 
trace  its  acquired  meaning.     Those  who  could 
afford  nothing  better  had  bread  in  some  shape 
or  other  as  their  food  aAd  their  only  staff  of 
life,  but  all  who  had  the  meana  added  somethiof 
to  eat  with  it,  and  this  naturally  took  the  fono 
of  something  cooked,  ^oy  properly  so  called : 
the  term,  however,  became  so  far  conventional 
that  it   was  possible  to  use  it  for  any  daiutf 
which  helped  to  make  the  bread  more  palatable 
(and   for  which,  in  default   of  anything  else, 
Ktfihs  is  proverbially  nsed,  Xen.  Cyr.  i.  5, 12); 
so   Plato,  £ep.   ii.  p.  372  C,  in  describing  an 
imaginary  vegetarian  diet  of  a  simple  people, 
gives  them  "  salt,  olives,  cheese,  and  onions  **  as 
or^otf :  but  just  below,  when  he  returns  to  ordi- 
nary life,  he  uses  S^a  in  the  more  usual  sense  ot 
meat,   or   rather   fish.     What   we  should  call 
'*  butcher's  meat  "  played  a  comparatirely  small 
part  in   the  Athenian  diet;    it  was  of  coarse 
eaten  (in   early  times  chiefly  when  a  sacrifice 
had  been  offered :  A  then.  v.  p.  192  b ;  Jot.  Sat 
xi.  85);  and  birds  and  game  of  various  kinds 
(especially  thrushes  and  harei)  appeared  at  the 
dinner  table :  still,  however,  Professor  Hahaffr 
rightly  notices  (Social  Life  in  Greece,  p.  306) 
that   *<the   Attic   people   ate  little  meat,  and 
lived  chiefly  on  fish  and  vegetables."    Hence  it 
was   that   6^ov  is  used   almost  exduslvely  of 
fish,  and  the  derivatives  ^wrttr,  &&  of  bnying 
fish,   &c.,  so  that  in  the  words  of  Atheoaeos 
(vii.  p.  276  e ;  cf.  Pint.  Symp.  iv.  2,  p.  667  f.), 
itivrnv  rStp  Tpoaw^fidrMW  i^¥  KoKovfUrvv 


0P80N 


ORACULUM 


277 


unt  (ioUy)  othm  KaXMOoi.    The  in^o^yos 

;s  an  epicure  in  fish  (rhif  ov  Kpita  hX^Jk  B<&Kaff- 

cv  rtftmwn,  Anth.  Pal.  i.  287  ;  cf.  Plut.  /.  c.)  : 

lai   in  HelleaiBtic    Greek    ii^tow    (like    the 

aoden  Greek  4^0  '^'^y  ^  ^^^^  ^  absolutely 

=  tX^.    (At  Sparta,   however,   acconling  to 

ita^oaens,  iv.  p.  141  b,  the  in^ov  was  commonly 

osUeil  pork.)    As  regards  the  cost,  one  obol  for 

a  simple  dinner  of   fish    and   vegetables,  see 

Bocckli,  Stcutihaui.  i.>  pp.  128,  141.     As  to  the 

&ik  snpply,  the   commonest  were    the   iipiaiy 

caogfat  ofl'  their  own  shores,  which   were  so 

abtrndant  that  Athenaeus  (vii.  p.  285  b)  says 

tk&t,  though  a  delicacy  elsewhere,  they  were 

looked  down  upon  at  Athens  as  the  vif^or  of  the 

poor:  Lake  Copais  produced  the  eels,  regarded 

1*  the  greatest  of  loznries  (Aristoph.  Achcam. 

^^>J.  kc)i    otherwise    fresh-water    fish    were 

lesptjed  (Athen.  rii.  p.  228  f).     We  may  notice 

specially  the   great   consumption  of  salt  fish 

<ra^x*')»  whence  raplxovs  hl^tJtrtpow  became  a 

^rorerb.    Of  this  supply  the  Kuxine  was  the 

'jfiief  sooroe  (Athen.  iiL  pb  119  b):  there  were 

rofixiict  (establishments   for   curing   fish)  at 

BTzintinm  (Dem.  Lacrii,  p.  993,  §  32 ;  Strab. 

nt  p.  310;  cf.  ra^MX^wv^of  fi6<nropoSf  Athen. 

A\.  p.  116  b)  and  at  various  places  at  the  mouths 

of  Tixtn  running  into  the  Euxine,  and  as  far  as 

the  Sea  of  Aiot  (Strab.  xi.  p.  493) :  abundance 

<bo  came    from   Egypt,    Sardinia,    and   Spain 

(Poll  ri.  48;     cf.   Herod,    ii.    215;    Boeckh, 

"^taaithaiu,  i.  128).     From  these  places  the  salt 

n»h  was  sent  to  Athens  in  jars  (jctpdfLMf  Dem. 

iMTxt.  y,  934,  §  34,  or  kfi^fis).    The  most 

'i»fv\  fish  for   salting  were   various  sorts   of 

t^noBj;  the  drrcdeoiot   also  was  used,  whieh 

-^VM  to  be  a  sturgeon.     The  roe  was  made  into 

a  tort  of  caviare  in  early  times :  it  is  stated  by 

'j«U  {Pimp.  i.  178)  that  a  jar  containing  caviare 

VM  found  at  Pompeii :  fish  sauce  or  pickle  was 

^  principally  from  the   a'K6fi0pos.    A  long 

'.It  of  the  names  of  the  favourite  fish  will  bo 

rmd  in  Athen.  vi.  p.  281  f.,  which  need  not  be 

:iT»  kere:  and  indeed  translating  most  Greek 

isd  Lstia  names  for  fish,  like  Greek  and  Latin 

^^»B^  for  nearly  all  birds  and  fiowers,  is  very 

••vardoas  gncss-work.     (For  the  fish-market  at 

Athens,  see  Agora  ;  Macelluv.) 

As  regards  the  Latin   use  of  obsonium  (or 

t»»ivm)^  it  must  be  observed  that  among  the 

Mtsuat  there  was  no  such  common  abstention 

tiwfi  batcher's  meat  as  among  the  Athenians, 

^  comequently   no  such   limitation,   in   the 

ordifitry  use  of  the  word,  to  one  kind  of  food. 

la  the  sdapten  or  translaton  of  Greek  comedy, 

ve  oaturally  find  the  word  chlefiy,  though  not 

ndoiiTely,  in  the  Greek  sense  (e,g.  Ter.  And. 

)>.  2, 23  snd  32),  and  so  in  Plautns  and  Terence 

^^*'"<w  (or  oftsoRori)  is  to  go  to  market  to  buy 

Jat :  that,  however,  it  was  not  exclusively  so 

■^  even  in  these  writers,  is  clear  from  the 

^^kria  of  Plautns,  where  there  is  much  talk 

J«-V»HMi  and  obsonatoret^  but  in  Act.  ii.  8  the 

"^taocUmn^has  a  choice  of  fish,  veal,  lamb, 

K  sad   pork.      In  Horace,  Sat   ii.   2,  41, 

'"onan  probably  refen  to  the  fish  which  pre- 

<*^«ad  in  Jny.  iv.  64  it  certainly  does,  but  we 

^1  MBclude  that  in  Latin  the  word  could  not 

-  i»«l  by  itself,  apart  from  the  context,  to 

'^Jnfoiih  fish  from  proviiions  generally:    in 

^**^  xiT.  217  the  obtmator  is  clearly  the  slave 


sent  to  market  for  provisions  of  any  kind  re- 
quired for  dinner,  which  at  Rome  was  certainly 
not  by  rule  a  fish  dinner,  and  in  this  general 
sense   we   may   understand   obsonator  where  it 
occurs  in  inscriptions  (C.  /.  Z.  vi.  6246,  8753). 
In  Pliny,  xxxii.  87  and  xv.  82,  where  obsonium 
is  used  for  aait  and  figs,  we  have  the  Greek  idea 
of  it  as  something  added  to  give  a  seasoning  to 
the  bread,  for  which  sense  of  sauce  or  "  relish  " 
pulmerUariitm  is  the  correct  Latin  word,  and  is 
used  to  render  the  proverbs  **  hunger  the  best 
sauce,"  &c.  in  Latin,  which  the  Greeks  express 
by   jji^ov:    see  also  Cato,  H.   B.  58,  which  is 
wrongly  cited  sometimes  as  describing  Roman 
**  family  "  life.     Cato  speaks  of  the  economies  of 
the  slaves  {familia\  and  says  that  you  should 
pickle  for  them,  as  the  addition  to  their  bread 
(jnUmentarium  =  u^'ov),  the  wind-fallen  olives, 
and  then  those  which  will  not  yield  much  oil, 
used  very  sparingly :  if  these  too  are  all  used 
up  before  the  year  goes  round,  then  the  slaves 
must  have  the  dregs  of  fish-brine  (allex  or  allec  ; 
muria  being  the  clear  fish-brine).  (For  the  Roman 
fish  supply,  see  Piscina  :  for  further  discussion 
and   authorities  on   the   subject  of   i^oVf  see 
Becker-GOll,  CharUdes,  ii.   316;  Blumner,   Gr. 
Pnvatait  223  K  ;  Marquardt,  Privatieberiy  432 
ff.)  [G.  E.  M.] 

OPTIMATES.  [NoBiLES.] 
OPTIO.  [ExERCiTUS,  Vol.  I.  p.  801  6.] 
OBA'CULtJM  (ftayrctoy,  xp^^'^^P'^'O*  ^^ 
the  vast  and  varied  system  of  practical  religion 
which  prevailed  in  Greece,  oracles  took  the 
foremost  place.  An  oracle,  in  the  sense  in 
which  the  word  is  here  used,  is  some  special 
locality  supposed  to  be  chosen  by  a  supernatural 
power  (god,  hero,  or  shade  of  the  dead)  as  an 
abode  from  which  he  might  give  answers  to  his 
worshippers.  (The  answer  itself  is  also  known 
as  an  oracle^  alike  in  Greek,  Latin,  and 
English.) 

Difiicult  as  it  is  to  trace  the  exact  steps  by 
which  the  oracular  system  of  Greece  was 
formed,  it  is  not  difiicult  to  see  the  general 
causes  which  produced  it.  The  Greeks  were, 
excepting  the  Hebrews,  the  most  sincerely 
religious  race  of  antiquity;  but  they  differed 
from  the  Hebrews  in  this,  that  their  imaginative 
powers  were  far  more  vivid,  but  their  moral 
sense  was  less  strong.  Hence,  while  the  deep 
•  connexion  of  religion  and  morality  increases 
steadily  in  the  Greek  mind  from  Homer  through 
Aeschylus  and  Pindar  to  Socrates,  it  is  always 
overshadowed  by  a  set  of  feelings  and  concep- 
tions which  had  not  a  moral  but  a  naturalistic 
origin.  The  early  Pelasgian  (to  take  the  mo&t 
ancient  of  the  Greek  races)  would  look  with  a 
mixture  of  trembling  and  inquiry  upon  the 
great  features  of  nature  which  surrounded  him, 
— the  mountains,  the  rivers,  the  woods;  and 
while  he  instinctively  personified  the  powers 
inherent  in  these  (even  before  they  had  well- 
defined  names)  and  deprecated  their  anger, 
he  would  naturally  think  that  their  will  was 
ascertainable  through  some  external  feature, 
motion  or  sound,  especially  through  any  that 
might  be  more  than  usually  subtle  and  recon- 
dite. Places  of  impressive  aspect  would  be  to 
him  centres  of  religious  awe.  The  two  most 
ancient  and  powerful  of  the  Greek  oracles, 
Dodona  and  Delphi,  were  unquestionably  created 
by  the  operation  of  this  feeling;  and  it  will 


278 


ORACULUM 


OBACULUM 


be  well  to  beg^n  with  an  acconnt  of  these  two, 
before  approaching  thoie  of  later  origin  and 
inferior  importance. 

The  Oracle  of  Dodona  in  Epirus. — Here  Zens 
himself,  the  supreme  god,  was  believed  to  gire 
messages  to  men  through  the  rostling  of  the 
leaves  of  a  loftj  oak.  We  must  suppose  some- 
thing notable  in  the  special  tree;  but  the 
region  round  about  DkMlona,  besides  being 
mountainous,  is  said  to  be  the  most  stormj  in 
the  whole  of  Europe  (Mommsen,  Delphika^  p.  4), 
and  would  be  calculated  to  excite  the  primitive 
feelings  of  the  supernatural  in  a  high  degree. 

We  can  trace  the  oracle  of  Dodona  up  to  a 
time  of  extreme  primitiveness,  when,  it  is 
probable,  no  other  oracle  existed  in  Greece,  and 
before  any  of  the  refinements  of  experimental 
divination  had  been  systematised.  It  is  first 
mentioned  in  one  of  the  most  touching  passages 
in  Homer,  that  in  which  Achilles,  before  sending 
out  his  friend  Patroclus  to  the  battle,  prays  for 
his  safe  return.  The  invocation  runs  as  fol- 
lows (Horn.  //.  xvi.  233-235):— 

Zcv  ova,  AM&*vaic,  TLtXaoyuii,  ti|A<M(  mum*'* 

"O  king  Zeus,  Dodonacan  and  Pelasgian,  thou 
who  dwellest  afar  off,  ruler  of  Dodona  the 
place  of  wintry  storms ;  and  round  about  thee 
the  Selli  thy  interpreters  dwell,  they  of  un- 
washed   feet,    whose    couch    is    on    the    bare 

ground "    Achilles,  it  is  plain,  addresses 

Zeus  in  these  terms  because  he  was  believed  to 
stand  in  a  nearer  relation  to  men  at  Dodona, 
through  his  oracle,  than  elsewhere;  but  also 
the  passage  appears  to  intimate  a  difference 
between  the  Zeus  of  Dodona  and  that  more 
familiar  Zeus  who  quarrelled  with  Hera  on 
Olympus.  And  we  have  other  reasons  for 
thinking  that  the  Zeus  whom  the  Pelasgi 
worshipped  in  those  remote  times  was  some- 
thing far  vaguer  than  the  Zeus  of  Homer.  In 
the  first  place,  we  have  the  distinct  affirmation 
of  Herodotus  (ii.  52):  ''In  early  times  the 
Pelasgi,  as  I  know  by  information  which  I  got 
at  Dodona,  offered  sacrifices  of  all  kinds,  and 
prayed  to  the  gods,  but  had  no  distinct  names 
or  appellations  for  them,  since  they  had  never 
heard  of  any."  Herodotus  goes  on  to  say  that 
the  names  of  the  gals  were  introduced  from  , 
Kgypt,  and  that  the  oracle  of  Dodona  sanctioned 
their  use ;  statements  which  are  open  to  criti- 
cism. In  the  next  place,  Zeus  at  Dodona  was 
worshipped  under  a  peculiar  name,  Zeus  Naius 
(Nafof),  the  exact  meaning  of  which  is  un- 
certain ;  and  with  him  was  worshipped  a  goddess, 
Dione,  whose  name  (as  Bouch^Leclercq  suggests) 
is  probably  the  feminine  of  Zeus.  When  the 
worship  of  Dione  was  introduced,  we  do  not 
know ;  the  first  mention  of  it  appears  to  be  in 
Demosthenes  (c.  Meid.  p.  531,  §  53 ;  (fe  F,  L, 
p.  437,  §  299):  but  Strabo  (vii.  p.  329)  tells  us 
that  she  had  a  common  temple  with  Jupiter ; 
the  researches  of  Carapanos  at  Dodona  show 
that  votive  tablets  were  dedicated  to  her  jointly 
with  Zens ;  and  the  meaning  of  her  name  and 
antiquity  of  her  worship  are  testified  by  the  two 
quaint  verses  ascribed  by  Pausanias  (x.  12,  §  5) 
to  the  early  priestesses  of  Dodona : 

Zcivc  %¥t  Zmk  iaru  Zfv«  iinmi,  St  /uyoA*  Zcv. 


Though  Dione  is  not  mentioned  here,  it  is 
difficult  not  to  think  that  she  is  identical  witb 
the  earth  (ya)  mentioned  in  the  second  line; 
and  if  so,  Zeus  and  Dione  are  symbolical  of 
heaven  and  earth. 

We  may  then  in  all  probability  look  upon  the 
oracle  at  Dodona,  in  its  original  form,  u 
dedicated  to  a  Zeus  who  symbolised,  simplr. 
Heaven,  and  the  power  that  dwells  therein; 
and  cither  from  the  first,  or  at  all  events  at  s 
very  early  date,  a  goddess  symbolising  the 
Earth,  Dione,  was  associated  with  him.  Such  a 
worship  must  have  been  very  different  from 
the  elaborate  mythology  which  afterwards  pre- 
vailed; and  it  will  be  observed  that  the 
ceremonial  described  by  Homer  is  no  less 
simple  and  primitive.  Tne  interpreters  of  Zens 
are  the  "Selli  with  unwashed  feet,  whose 
couch  is  on  the  bare  ground ; "  and  if  one  is  to 
take  the  account  in  the  Odyssey  as  not  f&r 
removed  in  time  from  that  in  the  Iliad,  we  most 
suppose  that  they  listened,  aa  they  lay,  to  th*; 
rustling  of  the  oak-leaves ;  for  in  that  poem 
(xiv.  327-8,  xix.  296-7)  Ulyises  is  said  (in  a 
feigned  story)  to  have  gone  to  Dodona  to  hear 
the  counsel  of  Zeus  "  out  of  the  lofty  foliagcd 
oak : " 

iic  Spvht  v^uc6iiou»  Atoc  fiatv^v  hemKoiaai. 

Further,  these  Selli  appear  to  have  been  origin- 
ally not  a  caste  of  priests,  but  a  tribe :  Aristotle 
{Meteor,  i.  14)  speaks  of  them  as  such,  and 
brings  them  into  close  connexion  with  the 
original  Hellenes.  It  is  therefore  probable  that 
they  are  the  same  as  the  Helli  mentioned  br 
Pindar,  and  that  their  district  in  those  earlr 
times  was  called  Hellopia ;  for  **  at  the  end  of 
Hellopia,"  says  Hesiod  {Fragm,  ap,  Sciol. 
Sophocl.  Track.  1169),  ^'u  the  city  of  Dodona, 
which  Zeus  chose  to  be  his  oracnUr  seat,  and 
where  he  lived  in  the  trunk  of  an  oak-tree 
i^nyov)" 

So  far  the  accounts  of  Dodona  testify  to  a 
native  origin,  and  to  great  rudeness  of  character. 
But  the  next  step  in  its  history  brings  it  int'* 
contact  with  a  foreign  country ;  namely,  Egypt. 
Herodotus,  who  gives  the  account  referred  to 
(ii.  54-57),  professes  it  to  be  a  narrative  of  th^ 
foundation  of  the  oracle.  Few  will  think  this 
probable :  but  it  may  very  well  mark  a  period 
when  the  oracle  received  a  more  sptemstio 
form,  and,  above  all,  when  the  institotioo  of 
priestesses  began.  These  are  not  mentioned  br 
Homer;  and  though  they  might  have  risen  from 
a  native  source,  there  is  no  improbability  io 
their  foreign  derivation.  The  priests  at  the 
Egyptian  Thebes,  then,  told  Herodotus  that 
**  two  of  the  sacred  women  were  once  carried  off 
from  Thebes  by  the  Phoenicians,  and  they  had 
learnt  that  one  of  them  had  been  sold  into 
Libya  and  the  other  into  Greece;  and  th«e 
women  were  the  first  founders  of  the  oracles  io 
the  two  countries."  The  Dodonaean  story,  3]>o 
told  to  Herodotus,  is  the  exact  counterpart  ofj 
the  above,  except  that  the  women  are  repre- 
sented as  doves.  »*Two  black  doves,"  eaid  the 
priestesses  of  Dodona,  "flew  away  from  th»| 
Egyptian  Thebes,  and,  while  one  directed  its 
flight  to  Libya,  the  other  came  hither:  $hf 
alighted  on  an  oak,  and  sitting  there  began  to 
speak  with  a  human  voice,  and  said  that  on  tbi 


OBACULUM 


ORACULUM 


279 


ipot  vbtxt  she  wis,  there  should  henoefiorth  be 
4D  oxade  of  Zeiu ....  The  doTe  which  flew  to 
libjra  bade  the  Libyans  to  establish  there  the 
oncle  of  Ammon."  The  correspondence  between 
tk«M  namtivesy  current  in  localities  so  distant 
from  one  another  as  the  Egyptian  Thebes  and 
DiidooB,  is  too  great  to  have  come  by  chance ; 
ind  when  we  lind  from  Strabo  (vii.  Frogm, 
1  aai  2)  that  the  words  for  ''old  woman"  and 
kf  "doTc"  in  the  lioloesian  language  are 
similar,  and  firmn  Sophocles  {Trachm.  171-2) 
wi  Paosanias  (x.  12,  §  5)  that  the  priestesses 
a  Dodona  were  actually  called  *' doves,"  all 
fbjectioB  to  the  Dodonaean  story,  on  the  ground 
of  the  seeming  miracles,  surely  Tanishes.  And 
it  ii  a  further  confirmation  that  Herodotus 
(iL  57)  tella  us  that  the  Dodonaean  oracle 
resembled  in  character  that  at  Thebes ;  to  which 
maj  be  added  that  Strabo  (vii.  Fragm,  1)  tells 
as  ibat  the  oracles  of  Dodona  and  ijnmon  were 
aimilar.  HoreoTer,  the  quaint  verses  of  the 
I>odonaean  piriestesses,  quoted  above  from 
Panisnias,  must  remind  us  (fongo  wtervaUo)  of 
the  cclcbnted  inscription  on  the  temple  of  the 
reilsd  Isis. 

It  will  then  appear  that  at  a  certain  early 
period  of  the  Dodonaean  oracle,  an  important 
cbsage  took  place  owing  to  Egyptian  influence ; 
a  chaage  which  at  any  rate  involved  the  ap- 
poiatmeat  of  priestesses.  It  is  possible  that  the 
worship  of  Dione  was  introduced  at  the  same 
period,  and  so  Strabo  seems  to  imply  (vii. 
}\  329) :  but  this  is  altogether  uncertain.  When 
}«iesteiseR  were  once  introduced  as  ministrants 
«f  the  oracle,  the  male  interpreters  of  the 
dirine  will  sank  into  the  background.  Sophocles 
indeed  {TrwJi.  1167)  speaks  of  the  Selli:  but 
the  passage  applies  to  remote  antiquity. 

Herodotus  seems  to  have  met  with  none ;  and 
they  arc  ignored  by  Plato  (^Phaedr,  244  B). 
:>tnUM,  however  (iz.  p.  402),  tells  us  that, 
•wiag  to  a  certain  tragical  occurrence,  men  and 
&r>t  women  oommunioated  the  divine  messages 
to  Boeotians ;  though  all  other  nations  received 
*hem  ftom  the  priestesses.  At  the  same  time 
the  priestesses  were  under  the  control  of  a 
caoBcd  of  men ;  and  Carapanos  has  found  at 
l^^dooa  inscriptions  bearing  the  name  and  title 
ti  the  president  (rdkipx^O  ^^  ^^  council,  and 
of  oae  of  its  officers  (wpoordnyf )-  (Carapanos, 
^^dow,  pp.  50,  56.)  Strabo  tells  us  that  the 
pnests  referred  to  by  Homer  were  called 
^•^ifsi,  and  that  some  affirmed  this  to  be  the 
trae  reading  in  Hom.  Od,  zvi.  403,  in  place  of 

Certain  changes  in  the  method  of  divination 
fiaployed  by  this  oracle  must  now  be  noted. 
The  original  method  was  by  the  interpretation 
<^r  woads  (via.  the  rustling  of  leaves);  but  in 
Plato's  tioM  we  find  (Plat.  Phaedr,  244  B)  that 
the  priestesses,  like  those  at  Delphi,  prophesied 
>a  a  ftaU  of  divine  frenzy.  This  might  be  a 
direct  imitation  of  Delphi;  but  the  imitation 
voqU  probably  be  disguised  by  an  intermediate 
^^*S^  dream-inspiration.  Lycophron  tells  us 
(^.  £iistath.  ad  Iliad,  zvi.  233)  that  this  mode 
»f  4iriaation  ezisted  at  Dodona;  and  it  would  be 
^oiu  natural  for  the  priests  or  priestesses  to 
ivtcB  to  their  rustling  oak-tree  by  preference  at 
^fht  (and  Homer's  word  x<V<»<vrai  suggests 
t&i»>  Again*  we  learn  from  Cicero  (^IHcin.  L 
«>i)  76)  tlmt  divination  by  lots  was  practised  at 


Dodona  ;  it  was  an  ill  omen,  he  tells  us,  for  the 
Spartans  before  Leuctra,  that  a  monkey  over- 
turned the  vessel  in  which  were  the  lots  that 
they  had  sent  to  the  oracle.  In  later  times 
brazen  vessels  were  used  to  produce  sounds  of 
prophetic  import :  a  circle  of  such  vessels  was 
suspended,  which  being  moved  by  the  wind 
struck  against  one  another :  for  the  same  pur- 
pose a  present  was  made  by  the  Corcyraeans  of 
a  metal  basin  with  a  statue  of  a  man  placed 
over  it,  in  the  hand  of  which  was  a  brazen 
scourge  of  three  thongs,  from  which  small  bones 
(jkffro!kyaKiH)  were  suspended,  which  being  moved 
by  the  wind  struck  against  the  basin.  (Steph. 
Byz.  s.  V.  Aa*8iin}:  Suidas,  s.  o.  AMderraioy 
XoAicctor:  Philostr.  Imag.  ii.  p.  830;  Strabo, 
vii.  Fragm,  3.)  This  ** Corey raean  scourge" 
was  seen  in  the  early  part  of  the  2nd  century 
B.a  by  Polemon  the  geographer  (cf.  L.  Preller, 
PoUmonis  periegetae  fragmenta.  Lips.  1 838).  At 
a  still  later  date  we  have  mention  of  a  marvellous 
fountain  at  Dodona,  which  kindled  torches  when 
applied  to  it,  and  whose  murmurings  had  also  a 
prophetic  quality  (Plin.  ii.  §  228 ;  Serv.  adAen. 
Ui.  466). 

No  mention  has  been  made  above  of  a  mode  of 
divination  which,  in  times  when  Dodona  had 
fallen  into  decay,  was  thought  to  have  been 
formerly  practised  there;  namely,  by  the 
observation  of  the  flight  of  doves.  Dionysius  of 
Halicamassus  (i.  15)  mentions  this;  as  also- 
Strabo  (vii.  IVagm,  1),  who  however  regards 
it  as  a  misinterpretation  of  the  fact  that  the 
priestesses  were  called  **  doves."  And  a  misin- 
terpretation it  was,  no  doubt,  and  one  which 
would  very  naturally  be  caused  by  the  original 
narrative  of  the  foundation  of  the  oracle  in  Hero- 
dotus; or  by  the  ezpression  Zurffwy  vtX^idZwv 
in  Soph.  Track,  172.  But  it  had  a  hold  on  the 
imagination  of  the  Roman  poets,  which  waa 
increased  by  the  fact  that  Dione,  spoken  of  by 
Homer  as  the  mother  of  Aphrodite  (//.  v.  371), 
was  afterwards  identified  with  Aphrodite  herself 
(Theocr.  Idyll,  vii.  116 ;  Ovid.  Art,  Am,  iii.  3, 
769 ;  Fast,  ii.  461,  v.  309),  to  whom  doves  were 
particularlv  sacred,  whence  Servius  (ad  Aen,  iii. 
466)  actually  speaks  of  the  oracle  as  dedicated 
'^Jovi  et  Veneri,"  and  in  the  Clementine 
Homilies  (iv.  16,  v.  13)  Dodone  is  used  as 
synonymous  with  Aphrodite.  But  all  these  are 
late  and  inaccurate  representations,  and  receive 
no  support  whatever  from  any  author  con- 
temporary with  the  period  when  the  oracle  was 
flourishing. 

A  curious  phrase  may  here  be  mentioned, 
with  which  Ephorus  (op.  Macr.  Saturn,  v.  18, 
8)  tells  us  the  oracles  emanating  from  Dodona 
always  terminated — '*  Sacrifice  to  Achelous:" 
the  origin  and  ezact  meaning  of  the  injunction 
is  unknown. 

Dodona,  though  the  most  ancient  of  the 
oracles  (as  Herod,  ii.  52  says,  and  as  everything 
leads  us  to  believe)  was  of  course  very  inferior 
in  political  importance  to  Delphi,  during  the 
historical  period.  Croesus  consulted  it  (Herod, 
i.  46),  but  was  dissatisfied  with  its  answer.  The 
Athenians  were  unfortunately  encouraged  by  it 
in  their  Sicilian  ezpedition  (Pansan.  viii.  11, 
§  6;  Suidas,  s.  t>.  'Ayvifias).  On  the  other 
hand,  it  proved  itself  incorruptible  to  the  bribes 
of  Lysander,  when  he  wished  to  make  himself 
king  of  Sparta  (Plut.  Lytand,) ;  and  it  may  be 


280 


ORACULUM 


ORAOULUM 


that  Delphi  had  shown  itself  less  scrupulous 
(though  it  also  is  said  to  hare  refused  the  bribe), 
ibr  we  find  that  Agesilans,  when  meditating  his 
expedition  into  Asia,  gave  a  most  marked  pre- 
ference to  Dodona  over  Delphi  (Plut.  ApophtK 
Lacon.  AgeaU,  10).  Demosthenes  in  the  Meidicu 
(1.  c.)  appeals  to  the  two  as  equal  authorities ; 
in  the  de  Falsa  Legatwne  (I.  c),  however,  he 
refers  to  Zeus  and  Dione,  but  not  to  Apollo. 
We  read  of  honours  paid  hy  the  Athenians  to 
the  oracle  of  Dodona  at  a  still  later  date 
(Hyperid.  pro  Euxenippo^  §  35).  The  discoveries 
of  Carapanos  prove  that  the  official  documents 
of  the  Epirotic  assembly  were  kept  in  the  temple 
of  Dodona  {DodoM,  pp.  48-68).  But  in  B.C.  219, 
Dorimachus,  the  Aetolian  general,  razed  the 
temple  to  the  ground,  and  in  B.C.  167  the 
Roman  general  Paulus  Aemilius  devastated  and 
ruined  Epirus.  The  oracle  never  recovered  these 
blows.  Seneca  {Here.  Oet.  1623)  speaks  of  it  as 
deserted.  Hadrian  appears  from  the  inscriptions 
to  have  been  a  benefactor  to  Dodona  (Carapanos, 
op.  cit.  p.  171),  and  probably  even  rebuilt  the 
temple ;  but  the  restoration,  to  judge  both  from 
probability  and  from  the  testimony  of  Lucian 
{foaromen.  24),  had  little  vitality;  and  the 
oracle  may  be  said  to  have  died  under  the 
destructive  invasion  of  Dorimachus. 

The  actual  site  of  Dodona,  which  long  had 
been  unknown,  was  discovered  in  the  year  1876 
by  a  Greek  explorer,  M.  Constantin  Carapanos, 
in  the  valley  of  the  Tcharacovitza,  about  eleven 
miles  south-west  of  the  town  and  lake  of  Janina. 
Bp.  Chr.  Wordsworth,  however,  had  already 
iixed  upon  the  same  spot  {Greece,  p.  249). 
The  foundations  of  the  temple  and  of  the  sacred 
enclosure  were  laid  bare  ;  and  numerous  inscrip- 
tions on  leaden  tablets  render  this  one  of  the 
most  important  antiquarian  discoveries  ever 
made.  Out  of  the  mass  of  the  votive  tablets 
one  inscription  of  more  than  ordinary  historical 
interest  may  be  quoted  here  :  that  in  which  the 
distracted  Corcyraeans  beg  the  oracle  to  tell 
them  "  to  what  god  or  hero  they  must  pray  and 
sacrifice,  in  order  to  agree  together  for  the 
common  good." 

It  will  suffice  just  to  mention  the  fact  that 
a  line  of  Homer  (//.  ii.  750)  mentions  another 
Dodona  in  Thessaly,  which  has  been  by  some 
supposed  to  be  the  original  of  the  Epirotic  oracle. 
The  supposition,  however,  is  otherwise  entirely 
unsupported,  and  may  be  discarded  without  any 
great  risk  of  error. 

Special  works  on  Dodona  are  given  at  the  end 
of  this  article. 

The  Oracle  of  Delphu^lYit  site  of  Delphi — 
the  victorious  rival  of  Dodona,  and  the  centre  of 
Greek  religion — has  never  been  in  the  same 
doubt  as  the  site  of  Dodona.  The  remains  have 
never  been  so  completely  covered;  and  the 
natural  features  of  the  place — the  rocky  wall  of 
the  Phaedriades  overhanging  the  town,  the  foun- 
tain of  Castalia  issuing  from  a  great  cleft  iu 
this  wall,  the  double  peak  in  which  the  rocks 
culminate,  and  the  Corycian  cave  on  the  heights 
above  leading  to  the  summit  of  Parnassus — are 
too  striking  and  have  been  too  well  described 
by  ancient  authorities  for  their  identity  to  be 
mistaken.  But  for  a  complete  account  of  the 
geography  of  Delphi  reference  must  be  made  to 
the  Dictionary  of  Greek  and  Roman  Grotjraphy 
(art.    Delphi).      Anyone    who    considers    the 


position  of  Delphi  in  relation  to  the  Pelopon- 
nesus, Boeotia,  and  Attica,  will  aee  how  gre^it 
an  advantage  it  had  in  its  sttnation;  which, 
without  being  absolutely  under  the  role  of  snr 
of  the  chief  Greek  states,  was  yet  at  no  great 
distance  from  any  of  them,  and  was  at  oace 
isolated  and  accessible. 

If  the  Iliad  were  to  be  taken  as  a  poem  com- 
posed in  its  entirety  as  it  stands,  we  shouM  be 
compelled  to  say  that  Delphi  was  at  least  ss 
ancient  as  even  Dodona.  For  in  the  ninth  book, 
tw.  404-5,  Achilles  speaks  of  it,  under  the  nam« 
of  Pytho,  as  a  proverb  for  wealth ;  he  would 
not  barter  his  life,  he  says,  for  all  that  U  con- 
tained within  the  stone  threshold  of  Apollo  a: 
Pytho: 

Ou2*  oca  kaXvoi  wiht  iu^ufropot  ivrhf  iifytt, 
^o^iov  'AmUAaroc  UvOoi  crt  vvrpifiiov^. 

It  is  impossible   that  such   wealth   can  hsTif^ 
arisen  in   any  other  way  but   that  in  which 
history  tells  us  that  the  temple  of  Delphi  dii 
grow  rich ;  namely,  by  the  gifts  of  those  who 
consulted   the  oracle.      Henoe    the    oracle   of 
Delphi  was  in  full  vigour  when  the  ninth  booik 
of  the  Iliad  was  written.    But  that  book  wa« 
probably  not  part   of  the  original    Iliad;  the 
arguments  of   Grote  on   this   point  (ffitt.  of 
Greece,  vol.  ii.  pp.   240-246)   are   almost  im- 
possible to  controvert.     (See  also  Jebb,  ffomtr, 
pp.     155-170.)      And    if    Apollo,     when    the 
greater  part  of  the  Iliad  was  written,  had  been 
so  distinctly  the  Pythian  god  as  the  9th  book 
implies  that  he  was,  it  is  scarcely  possible  thxt 
more   trace   of  the   connexion   should    not  be 
found   in  the   poem.     It  is.  true   that  in  the 
Odyssey  (viii.  79-82)  there  is  one  mention  of 
the   Pythian    oracle;     but  the   passage  is  do 
doubt  later  than  the  Iliad  generally,  and  may 
be  much  later.     On  the  whole,  in  spite  of  the 
assumption  of  the  tragedians  that  the  Delphic 
oracle  was  the  source  of  spiritual  guidance  to 
Greece  from  the  remotest  past,  the  probabilitr 
is    that   it  was  still   in  its  infancy  when  the 
greater  part  of  the  Iliad  was  written.    It  mnst 
be  particularly  noticed  that  the  word  Delphi 
does  not  occur  either  in  the  Iliad  or  in  the 
Odyssey. 

To  trace  the  rise  of  the  oracle  is  a  problem 
of  equal  interest  and  difficulty.     The  persistent 
tradition  among  the  Greeks  was,  that  it  hs'i 
first  been  an  oracle  of  the  Earth  {yata) :  so  uf 
Aeschylus  {Eumen.    1,   2)  and  Euripides;  the 
latter  even  speakine   of  a  certain  conflict  for 
possession  between  Earth  and  Apollo  {Ipn.  m  '• 
1249,  and  1261-1283).    It   is  clear  how  the 
rocky  chasm  at  Delphi,  in  which  the  oracle  was^ 
believed  to  reside,  would  suggest  the  notion  ot 
Earth  as  a  supernatural  power  ;  and  though  it 
may  be  less  clear  to  us  why  a  close  association 
should  have  been  thought  to  exist  between  £srtn 
and  Themis    {i.e.    Law    or   Right    Order),  »- 
Aeschylus  (/.  c,  and  compare  Prom.  209)  inti- 
mates, still  there  is  a  meaning  in  such  siJiso<r<'| 
In  those  dim  early  ages,  the  divine  agent  wonil 
receive  various  names,  as  chance  or  the  character 
of  the  speaker  might  direct ;  and  henoe  we  ni»y 
consider  it  a  part  of*  the  same  tradition,  that 
Night  (NbQ  was  sometimes  thought  to  take  the 
place  of  Earth.    (Plut,  de  Sera  Huminis  rtndicta, 
c.  22 ;  Argum.  Pind.  PyM.)  But  how  and  whr  did 
the  transition  from  these  vague  powers  to  the 


OEACULUH 


OBAGULUM 


281 


cksirly  ctmceiTcd  and  radiant  god,  Apollo,  take 
place?  It  vould  be  idle  to  affirm  positively; 
but  it  seems  better  here  to  desert  our  oldest 
ftathohtj,  Aeschrlus,  who  {Eumen.  6,  7)  makes 
a  oertain  TitAoess,  Phoebe,  the  intermediary; 
which  sounds  like  a  poetical  contrivance.  There 
li  really  more  support  for,  and  more  probability 
1&,  the  riew  which  xvgards  Poseidon  as  the 
iQtennediary.  This  is  practically  affirmed  by 
P&isanias  (x.  5,  §  3,  and  24.  §  4),  by  Pliny 
(hi  §  2U3X  and  others ;  the  mention  of  Poseidon 
in  connexioD  with  Delphi  by  Aeschylus  {Eumen, 
il)  and  Euripides  (/on,  446)  adds  strength  to 
this  riew ;  still  more  does  the  fact  that  he  had 
*xk  altar  in  the  Delphic  temple  itself  (Pausan. 
/.  c.) ;  and  it  is  plain  how  Poseidon  in  his  quality 
«f  Ltrthsthaker  (iwwoaiyaios)  would  naturally  be 
thought  of  as  a  more  personal  ))ower  than  the 
ihstract  Earth,  especially  as  the  region  about 
Panassos  suffers  from  earthquakes.  The  prox- 
imitT  of  the  sea,  again,  would  suggest  Poseidon 
It  the  presiding  deity;  and  the  name  Delphi 
fsraishcs  another  ground.  But  this  brings  in 
tome  intricmte  points. 

What  is  here   affirmed  is  this:   that  when 

meo    first    desired    to    personify   the    Delphic 

dirinity  (more  than  by  the  rague  terms  Earth 

or  Sight),  Poseidon  was  the  deity  first  selected. 

The  dolphin   (ScX^ls)  would    manifestly  be   a 

sTmbol  of  Poseidon ;  and  consequently  an  altar 

with  the  figure  of  a  dolphin  sculptured  on  it 

(ttX^ies  fit^s,  Hffmn.  ad  Pyth.  Apoll.  319) 

voald  mark  the  first  site  of  the  city  of  Delphi, 

sad  would  be  the  reason  for  the  name  of  that 

fitj.   And  when  afterwards  the  votaries  of  the 

more  youthful,  more  splendid  Apollo— the  god  to 

Tbom  the  prophetic  art  was  assigned — succeeded 

in  expelling  the  rude  and  ungraceful  Poseidon 

<vho  was  not  specially  believed  to  be  a  prophet) 

frum  the  oracular  seat,  the  altar  would  still 

Imt  its  symbol,  the  dolphin,  and  legends  drawn 

irom  that  symbol  would  be  invented  appropriate 

t«  the  rictorions  deity.     Whereas,  if  the  worshfp 

<^t  Apollo  came  to  Delphi  without  the  previous 

worship  of  Poseidon,  it  is  not  easy  to  say  why 

there  should  be  any  connexion  between  Apollo 

ud  the  dolphin.     It  is  true,  we  find  the  temple 

«f  Apollo  Delphinios  at  Athens  (Plut.  Theseus) ; 

hot  that  is  likely  to  be  named  after  Delphi,  as 

the  temple  of  Apollo   Pythius  (in    the   same 

oci^bourhood)  after  Pytho.     And  we  find  that 

»t  Anticyra,  close  bv  Delphi,  Pausanias  (x.  36, 

§  4)  saw  a  temple  of  Poseidon  with  a  statue  of 

tlie  god,  in  which  he  was  represented  as  setting 

0Q«  foot  on  the  back  of  a  dolphin ;  which,  though 

it  OMT  be  a  mere  accident,  yet  in  such  a  locality 

»QgS«ts  a  reminiscence  of  an  old  tradition.     If 

Mphi  had  been  a  large  city,  we  might   have 

<xp«cted  more  evidence  than  we  have ;  but  for 

a  long  time  it  was  but  small :    hence  all  the 

*^rli«t  records  speak  of  Pytho,  the  district,  not 

*ii  Delphi,  the  town.     The  meaning  of  the  name 

Prtho,  and  of  the  celebrated  legend  of  Apollo, 

«o  htft  advent,  slaying  the  dragon  Python,  are 

^fficnlt  points;    it   may   even   be   that  some 

^^>ct  between  Apollo  and  his  predecessors  is 

•iiadowed  out  by  the  legend  (Eur.  Iph.  in  T. 

Whatever  may  be  thought  of  the  claims  of 
Poseidon,  the  principal  fact  is,  that  the  Delphic 
^"^le  had  a  complex,  and  not,  like  the  Dodo- 
^ctt  oracle,  a  single  origin.    The  aspect  of 


the  place  had  from  immemorial  time  suggested 
that  a  power  of  divine  prophecy  was  inherent  in 
it ;  and  this  in  the  course  of  ages  was  taken 
possession  of  by  that  god,  Apollo,  in  whom  the 
chief  prophetic  power  had  been  believed  to 
dwell,  even  before  any  definite  oracular  seat 
was  assigned  to  him.  Two  currents  of  strong 
religious  feeling  met,  and  produced  the  most 
powerful  religious  influence  that  Greece  knew. 

And  there  were  yet  other  currents  of  feeling, 
and  passionate  aspirations,  which  imprinted  on 
the  Delphic  oracle  its  exact  form.  The  peculiar 
influence  of  the  oracle  was  exerted  through  the 
frenzy  of  the  Pythian  prophetess.  The  g^  was 
believed  to  mould  her  accents,  to  speak  with 
her  voice  ;  an  awe-striking  phenomenon !  much 
more  than  when  the  devout  inquirer  listened  to 
the  rustling  of  leaves  or  to  the  rattling  of 
bronze  basins.  Such  inspiration  was  a  novelty  ; 
it  may  have  been  imitated  afterwards,  and  the 
idea  of  it  was  always  attached  to  those  im- 
palpable personages,  the  Sibyls  (Verg.  Aen,  vi. 
44  8qq,\  one  of  whom,  Herophile,  was  said  to 
have  been  closely  connected  with  Delphi  (Pausan. 
X.  12).  But  at  Delphi  it  was  more  than  an 
idea:  and  whatever  mav  have  been  the  exact 
dttto  or  manner  in  which  it  arose,  there  can  be 
little  doubt  that  it  was  but  one  form  of  that 
religious  exaltation  which  prevailed  so  strongly 
in  central  Greece  in  the  early  times,  and  which 
sent  the  Bacchanals  to  wander  and  rave  on  the 
heights  of  Parnassus  itself  (Eurip.  Ion,  714-718 ; 
Iph,  in  T,  1243,  4).  Indeed,  this  identification 
of  the  Pythian  with  the  Bacchic  frenzy,  this 
close  alliance  between  Apollo  and  Dionysus, 
has  the  authority  both  of  Aeschylus  and 
Euripides,  according  to  Macrobius,  Saturn,  i. 
18;  who  quotes  from  Aeschylus  the  line  6 
Kurcths  *Ar6}JMV  6  Kafiaios  (?  Baicxctor  or 
JUifieuos)  6  fidms,  *'the  ivy-crowned  Apollo" 
(/r.  383),  and  from  Euripides,  Aitnrora  ^iA(^ 
So^i'c  BlUxCy  ncuay ''AiroXAoy  *0Avpc  (/r.  480). 
Conversely,  Euripides  attributes  prophetic  power 
to  the  Bacchic  enthusiast :  rh  yiip  fioKx^wriftoy 
jcal  rh  fiawi&6§s  fuurriK^  woAA^i'  fx*'  i^occhae, 
298,  9).  We  must  indeed  not  quite  go  the 
length  of  these  expressions  ;  no  doubt  there  was 
a  difierence  between  the  worship  of  Apollo  and 
the  worship  of  Dionysus,  between  the  Pythia 
and  the  Bacchante ;  but  it  is  important  to  notice 
the  resemblance  too.  Delphi  and  the  region 
round  were  full  of  memorials  of  Dionysus  (Plut. 
Quaesi.  Oraec.  12  ;  Pausan.  x.  33,  §  5);  but  the 
traditions  do  not  go  so  far  as  to  make  Dionysus 
the  actual  possessor,  at  any  period,  of  the 
Delphic  oracle. 

Conjointly  with  these  religious  causes  of  the 
Pythian  frenzy  must  be  noticed  a  physical 
cause  supposed  by  all  the  later  writers  on  the 
subject  to  have  co-operated  or  even  to  have  been 
the  leading  agency  in  the  matter.  This  was  an 
exhalation  from  the  cavernous  chasm  over  which 
the  tripod,  or  prophetic  seat,  was  placed.  Now, 
an  attentive  examination  of  the  evidence  will 
show  that  in  all  probability  this  supposed  ex- 
halation was  a  mere  product  of  the  imagination. 
Had  it  been  a  real  smoke  or  gas,  it  is  incredible 
that  no  mention  of  it  should  be  found  in  those 
descriptions  of  the  temple  and  shrine  which 
Aeschylus  and  Euripides  have  given  us.  Whereas 
even  the  later  writers  generally  speak  of  it  as 
something    abstract    and    impalpable:    Strabo 


282 


OEACULUM 


(ix.  3,  §  5)  calls  it  vycOfM  iyBQv<naffruc6¥  i 
Cicero  (<fc  IHvin.  i-  36)  calls  it  terrae  vis,  Plu- 
tarch, who  uses  the  word  iufoOvfiioffts  to  denote 
it,  does  indeed  treat  it  as  material;  but  the 
single  sensible  quality  which  he  ascribes  to  it  is 
one  unlike  a  natural  product  of  the  eai-th :  he 
says  that  a  ravishingly  sweet  smell  was  sometimes 
perceived  by  visitors  to  the  oracle  to  proceed 
from  the  shrine  (^Defect.  Orac,  50).  These 
worthy  persons  had  doubtless  not  inquired  if 
the  burning  myrrh  to  which  Euripides  refers 
(/on,  89)  had  been  used  more  freely  than 
usual. 

It  is  of  course  not  to  be  questioned  that 
Aeschylus  and  Euripides  believed  that  an  in- 
fluence, causing  prophetic  frenzy,  did  ascend 
from  the  Delphic  chasm.  But  the  materialising 
of  that  influence,  so  as  to  make  it  definitely 
sensuous,  was  the  work  of  a  later  day.  The 
story  of  Diodorus  (xvi.  26)  and  others,  that  the 
oracular  power  was  first  made  known  by  the 
fact  that  some  goats,  on  ^preaching  the  chasm, 
became  intoxicated  in  a  marvellous  way — an 
intoxication  which  the  goatherd  afterwards 
experienced — forms  a  natural  transition  to  the 
more  material  view.  Pausanias,  who  when 
recounting  this  story  uses  the  very  n|aterial 
word  in-f^s  to  describe  the  influence  (x.  )L§  3), 
afterwards  (x.  24,  §  5)  says  that  it  is  the  water 
of  the  fountain  Cassotis,  flowing  through  the 
chasm,  which  *'  makes  the  women  prophetic" 

Special  solemnities  accompanied  the  promul- 
gation of  an  oracle.  Not  on  every  day  could  a 
consultant  inquire  of  the  god.  Plutarch  tells 
us  (^Quaest,  Qraec.  9),  on  the  authority  of  Calli- 
sthenes  and  Anaxandrides,  that  originally  only 
one  day  in  the  year  was  assigned  for  these 
deliverances,  the  7th  of  the  month  Bysius  (our 
March).  This  is  hard  to  believe  of  any  historical 
period ;  and  even  the  after-regulation  of  which 
he  speaks,  permitting  consultation  once  a  month, 
seems  hardly  adequate.  We  may  suppose,  in 
practice,  more  frequent  possibilities  of  consulta- 
tion, though  by  what  rule  we  do  not  know. 
That  there  were  unlucky  days  (&iro^pii8cf)  when 
no  consultation  was  permissible,  is  clear  from 
the  anecdote  about  Alexander  seeking  to  force 
the  Pythia  to  reply  on  such  a  day  (Plut.  Alex, 
14).  (Her  involuntary  cry,  '^  My  son,  thou  art  in- 
vincible," was  seized  on  by  him  as  a  true  answer.) 
But  a  powerful  and  friendly  state,  seeking  to 
consult  the  oracle,  would  hardly  be  left  very 
long  without  an  opportunity  of  doing  so.  No 
doubt  there  were  distinctions  made,  the  know- 
ledge of  which  is  quite  lost  to  us.  The  7th 
of  the  month  Bysius  was,  it  may  be  observed, 
regarded  as  the  birthday  of  Apollo. 

Three  days  before  the  day  of  oracular  utter- 
ance, the  Pythia  is  said  to  have  begun  her 
preparation  for  the  solemn  act  by  fasting  and 
bathing  in  the  Casta! ian  spring  (Schol.  ad  Eurip. 
Phoen,  223).  This  last  statement  has  been 
doubted,  but  hardly  with  good  reason ;  at  all 
events  to  bathe  in  the  fountain  of  Castalia 
would  seem  to  have  been  a  duty  for  all  who 
either  asked  for  or  who  assisted  in  giving  out 
the  oracular  reply  (Eurip. /on,  94-101 ;  Phoen, 
222-225;  Pindar,  Pyth,  v.  39,  and  compare 
iv.  290 ;  Heliod.  Aeth.  ii.  26>  It  is  just  possible 
that  the  fountain  of  Cassotis,  which  flowed 
through  the  actual  shrine  (Pausanias,  /.  c),  may 
have  been  included  under  the  term  Castalia; 


O&ACULUM 

but  it  is  not  likelv ;  and  the  remains  of  a  rock- 
hewn  bath  are  still  to  be  seen  near  the  Castalian 
spring.  The  Pythia  herself  was  chosen  frum 
among  the  virgins  of  Delphi  (Eurip.  /on,  1323); 
she  was  not  allowed  to  marry,  and  in  early 
times  was  always  a  young  girl ;  but  after  the 
Thessalian  Echecrates  had  seduced  a  Pythia, 
women  above  fifty  were  selected  for  the  office, 
though  they  were  still  dressed  as  young  maidens 
(Diod.  /.  c).  How  strictly  these  rules  were 
kept,  we  do  not  know.  In  early  times  there 
was  but  one  Pythia;  later  on  there  were  two, 
and  even  a  third  if  need  were  (Plat.  Defect. 
Orac,  8) ;  then  again  in  Plutarch's  time  a  single 
prophetess  suffic^  for  the  reduced  olienUk  itC 
the  oracle. 

When  the  day  arrived,  the  various  consultaats 
determined  by  lot  their  precedence  in  inquiring : 
except  in  the  case  of  certain  favoured  indivi- 
duals or  states,  to  whom  in  return  for  specie  1 
services  a  right  of  precedence  (wpo/iarrtia)  ha<l 
been  accorded;  as,  e,g.  to  Croesus  and  the 
Lydians  (Herod,  i.  54),  the  Lacedaemonian5 
(Plut.  Pericl,  21),  and  to  Philip  of  Macedou 
(Demosth.  PhU,  iii.  p.  1 19,  §  32).  That  a  certsm 
payment  was  made  to  the  oracle,  appears  frooi 
the  fact  that  &r^Acia  as  well  as  vpo/uantia  wa> 
granted  to  the  Lydians.  But,  however  pr>- 
pitious  in  itself  the  day  might  be,  it  vs^ 
necessary  that  the  omens  should  be  taken  before 
the  votary  could  actually  pat  his  qnestion  u* 
the  god.  In  the  earliest  times  it  is  probabl<r 
that  the  flight  of  birds  would  furnish  an  aognry 
(cf.  ffymn,  ad  Herm,  540) ;  but  in  the  histories] 
times  a  sacrifice  was  invariably  offered, — a  goat, 
an  ox,  a  sheep,  or  a  wild  boar  (Eurip.  /on,  229 ; 
Plut.  Defect,  Or,  49).  Extraordinary  pait» 
were  taken  to  see  that  the  victim  was  sound  in 
all  respects.  An  ox  was  fed  on  barley,  a  wiM 
boar  on  chick-peas,  to  see  whether  they  ate  them 
with  appetite ;  water  was  poured  on  the  goau. 
and  it  was  necessary  that  they  should  tremble 
all  over  (and  not  merely  move  the  head,  as  in 
other  sacrifices)  for  the  omen  to  be  good. 

If  the  omen  were  not  good,  to  consult  the 
oracle  was  dangerous ;  nor  was  this  a  mere  iJle 
fancy ;  for  Plutarch  (^Defect,  Orac.  51)  record* 
one  such  case  in  which  the  Pythia  (overwronght 
doubtless  in  the  highest  degree  by  the  imagins' 
tions  connected  with  her  office)  leaped  from  the 
tripod,  fell  into  convulsions,  and  within  a  fev 
days  died. 

But  if  the  omens  were  good,  the  Pythis,  alter 
burning  laurel  leaves  and  flour  of  barley  (Plu^* 
Pyth,  Orac  6),  or  perhaps  myrrh  (Eurip.  /"» 
89),  in  the  never-dying  flame  (Aesch.  Choej^h. 
1036)  on  the  alUr  of  the  god,  and  dressed  in  s 
costume  which  recalled  that  of  Apollo  Mus.v 
getes  (Plut.   ib,  24),  mounted  the  tripod,  the 
three-legged  stool,  which  was  suspended  orer 
the   chasm.      Close   beside   her  was  a  gol'^'O 
stetue  of  Apollo  (Pausan.  x.  24,  §  4).    Whftt 
are  we  to  say  about  the  state  of  frenxy  int<> 
which  she  then  fell  ?    Was  there  true  apii/tin^ 
of  the   spirit   in   it,  and   a    mixture  of  rr»l 
inspiration?     Was  the    question  put   to  her 
understood  bv  her,  and  did  her  mind,  how^w 
frenzied,  really  attempt  an  answer?    Or  w»« 
she  in  any  degree  instructed  beforehand?    Or 
was  the  whole  an  exhibition  of  pure  raring  non- 
sense ?    None  of  these  elemenU  would  probablr 
be  wholly  absent;  it  u  but  human  nature  that 


02ACULT7H 


OBAGULUH 


283 


tke  inferior  should  have  predominated ;  but  the 
higher  are  not  quite  to  be  ezdnded.  Of  coarse, 
th«  general  hittorj  of  the  oracle  must  guide 

cur  opinion. 

Bf  the  side  of  the  P}rthia  stood  the  prophet 
(HeitN].  viii.  36;  Plat.  Defect.  Orac,  51),  whose 
I'iSoe  was  to  interpret   her   vague   and   wild 
rhes,  snd  put  them  into  ordered  language.     His 
jirozimitj,  it  maj  be  noted,  is  clear  proof  that 
tMre  was  not  reallj  any  intoxicating  vapour  in 
tiie shrine;  else  he  must  inevitably  have  been 
iDfectcd  as  well  as  the  Pythia.    Sometimes  more 
thaa  one  official  of  this  sort  attended  (he  seems 
tA  have  been  called  ** prophet"  or   ** priest" 
inJiflerently — the  latter  is  the  general  term  in 
the  inscriptions  discovered  at  Delphi),  but  no 
doubt  the  duty  would  be  discharged  by  only 
one  at  one  time.    The  determination  of  those 
vho  were  to  serve  was  made  by  lot  (Eurip.  lon^ 
AlS}f  the  whole  number  of  the  noble  families  of 
Mphi  being  apparently  eligible.     Besides  these 
prophet-priesta,  another  band  of  functionaries 
most  be  noticed — the  "  Saints  "  (jifftoi),  of  whom 
there  were  five  in  number,  chosen  from  the 
most  ancient  (amilict  of  Delphi  who  claimed  to 
be  descended    from    Deucalion    (Pint.    Quaest. 
Oraee.  9).    The  victim  sacrificed  at  the  time  of 
the  sppointmeut  of  a  Bctos  was  called  Sautrfi^, 
It  is  not  quite    oerUin   that   these  **  Saints " 
were  not  identical  with  the  <"  priests,"  ''  Saints  " 
sad  '^prtesta"  being  alike  distinguished  from 
the  **  prophets " ;  but  in  any  case  the  two  (or 
three)  classes  assisted  each  other  in  the  whole 
cTcIe  of  duties  pertaining  to  the  oracle.    Three 
Bsmes  of  these  Deucalionic  families  are  known 
to  us:  Cleomantids,  Thrscids  (Diodor.  zvL  24; 
Lreurg.  c:  Leocr.  §  158),  and  Laphriads  (Hesych. 
s.  t.y   (It  has  been  ingeniously  conjectured  that 
toe  **  Saints  "  were  a  remnant  of  old  forms  of 
vonhip^  anterior  to  the  arrival  of  Apollo  at 
DelpkL) 

Before  proceeding  to  characterise,  as  fisr  as 
csB  be  done,  the  final  upshot  of  these  elaborate 
schemes  of  divine  guidance,  a  few  minor  points 
nay  be  noted.  The  responses  of  the  oracle,  as 
delivered  to  the  consultant  by  the  prophet,  were 
st  first  always  in  hexameters.  It  was  said  that 
thii  metre  was  invented  by  the  first  Pythia, 
Phcmoaoe;  but  Dodona  set  up  a  rival  claim: 
M  doubt  both  were  wrong.  The  verses,  com- 
imsed  on  the  spur  of  the  moment,  were  often 
rnogh  enough;  nevertheless,  when  the  oracle 
^took  itself  to  prose,  many  regretted  the 
ch.uige.  Plutarch  wrote  a  treatise  in  which  he 
tried  to  make  the  best  of  the  matter ;  but  it 
must  be  admitted,  that  the  main  cause  of  the 
liuage,  the  decline  in  the  dignity  of  the  ques- 
tions which  the  oracle  was  called  on  to  solve 
(*eeing  that  it  no  longer  had  high  points  of 
p^remment  to  deal  with),  might  well  excite  the 
regret  of  iU  votaries  (Pint,  I^yth,  Orac.  28). 

It  is  implied  in  various  ways,  and  especially 
in  the  accusation  against  the  Pythia  Perialla 
("f  having  been  bribed  by  king  Cleomenes), 
that  the  Pythia  was  not  a  mere  ifie  instrument 
ia  the  matter,  but  really  directed,  in  part,  the 
uiirers.  Some  have  thought  that  there  were 
Kcaas  of  divination  at  Delphi  independent  of 
the  Pythia ;  but,  in  spite  of  the  fftrnpet  (Eur. 
And,  1213)  and  the  dreams  {Iph.  Taw,  1263), 
>n  oraeultf  utterances  in  historical  times  seem 
^0  have  been  derived  from  prophetic  frenzy. 


The  presence  of  the  6/i^aXhs  or  sacred  stone 
in  the  temple  served  to  put  the  oracles  under 
the  highest  guarantee,  that  of  Zeus  himself; 
who,  it  was  believed,  had  determined  this 
stone  to  be  the  earth's  centre  by  sending  from 
the  remotest  east  and  west  a  pair  of  eagles; 
they  met  in  this  point  (Pindar,  Pyth,  iv.  131 ; 
iv.  3). 

What,  in  fine,  was  the  good  or  ill  of  the 
Delphic  oracle?  The  genenl  impression  that 
we  receive  from  history  is,  that  it  acted  for 
good  ;  and  that  in  the  freedom  of  its  own  action 
and  the  freedom  of  action  of  its  consultants,  it 
had  a  great  advantage,  enabling  the  Greek  race 
to  combine  the  sense  of  religious  mystery  in  a 
rare  degree  with  individual  energy ;  but  that  it 
failed,  when  the  Greek  race  had  reached  a  certain 
degree  of  development,  in  guiding  and  control- 
ling power.  The  causes  that  produced  this 
failure  were:  the  non-reality  of  the  creed  of 
Apollo,  whereby  intelligent  minds  were  alien- 
ated ;  the  attempt  on  the  part  of  the  oracle  to 
be  wiser  than  it  could  be,  and  the  consequent 
recourse  to  evasion  and  deception ;  and  the  lack 
(not  the  entire  absence)  of  positive  moral  force. 
In  private  life,  it  had  various  beneficent  func- 
tions, of  which  the  chief  perhaps  was  the  aid 
that  it  gave  in  the  manumission  of  slavea 
[LiBEBTUS] :  the  advice  which  it  gave  to  indi- 
viduals could  not  probably,  except  where  the 
moral  prindple  involved  was  clear  (e.g,  Herod, 
vi.  86),  rest  on  any  sure  grotud. 

In  treating  of  the  oracle  in  its  public  aspect, 
the  idea  that  it  had  any  extraordinary  prophetic 
power,  or  second  sight,  must  be  laid  aside ;  not 
that  there  are  not  some  things  in  the  history 
that  may  puzzle  us  as  regards  this,  especially 
the  first  oracle  given  to  Croesus ;  but  the  second 
oracle  to  Croesus,  being  plainly  an  evasion, 
demolishes  the  effect  of  the  first  oracle.  The 
miraculous  defence  of  Delphi  against  the  Per- 
sians (Herod,  viii.  37-39)  is  one  of  the  best 
attested  of  heathen  miracles;  the  similar  de- 
fence against  the  Gauls  (Pausan.  x.  23,  §  3  eqq.y 
has  less  evidence :  but  in  the  first  case  a  natural 
explanation  is  open  to  us ;  the  second  is  more 
frankly  legendary. 

The  real  good  which  the  oracle  did,  and  es- 
pecially in  the  earlier  days,  lay  in  the  courage 
which  it  imparted  through  the  supernatural 
blessing  of  which  it  was  believed  to  be  (and 
perhaps  was)  the  minister.  Sincerity  of  inten- 
tion, and  the  belief  in  a  presiding  divine  power, 
were  elements  of  value  which,  on  the  whole,  it 
impressed  strongly  on  society.  Whether  we 
can  rely  or  not  on  the  statements  that  it  sup- 
ported the  great  legislators,  Lycurgus  and 
Solon  (Herod,  i.  65;  Plutarch,  Solon,  148),  it 
unquestionably  directed  and  encouraged  the 
colonising  spirit  of  the  Greeks.  The  most 
remarkable  instance  of  this  is  the  case  of  Cyrene, 
the  foundation  of  which  appears  to  have  been 
entirely  due  to  the  Delphic  oracle  (Herod,  iv. 
150-159) :  "  King  Apollo  sends  thee,"  are  the 
words  of  the  oracle  to  Battus  (t6.  155).  But 
Syracuse  (Suid.  s.  e.  *Apxias)t  Crotona  (Strabo, 
vi.  p.  262),  Khegium  (t&.  p.  257),  Magnesia 
(Athen.  iv.  p.  173  e),  and  probably  Metapon- 
tium  (Strabo,  vi.  p.  264),  are  also  instances  in 
point ;  and  the  remark  which  Herodotus  makes 
(v.  42)  that  Dorieus  did  not  consult  the  oracle 
in  his  colonising  effort  shows  how  exceptional 


284 


ORACULUM 


OBAOULUH 


Buch  a  case  was.     There  is  indeed  some  likeli- 
hood in  the  supposition  that  the  Delphic  oracle 
had,  through  its  numerous  correspondents,  real 
information   of  the   state  of  foreign  countries, 
such  as  a  private  individual  could  not  possess 
(this  is  one  explanation  of  the  successful  reply 
to  Croesus,  Herud.  i.  47)  ;  if  so,  force  would  be 
added  to  its  spiritual  encouragement.     In  the 
internal  relations  of  Greeks  to  each  other,  the 
oracle  was  not  faultless   in  its  directions,  yet 
sometimes  beneficent :  e.g.  we  read  (Thucyd.  i. 
103)  that  it  sent  word  to  the  Lacedaemonians 
to  spare  the  captive  Helots  at  Ithome ;  on  the 
other    hand,   it    countenanced    the   futile   and 
rapacious  attempt  of  Cylon  (Thucyd.  i.  126). 
It  is  not  said  that  the  Amphictyonic  council 
(whose    laudable   intention   to   promote    peace 
among  Greeks  had  so  little  result)  was  founded 
from  Delphi ;  but  it  had  close  connexions  with 
the  oracle  (Strabo,  ix.  p.  420 ;  Pausan.  x.  8,  §  1 ; 
Aeschin.  de  Fals.  Leg,  §  121).      Undoubtedly, 
however,  the  most  important  act  of  the  Delphic 
•eracle,  as  regards  the   internal   affairs  of  the 
Greek  states,  was  the  command  which  it  issued 
to  Sparta  to  liberate  Athens  from  the  despot 
Hippias ;  a  command  issued  to  an  unwilling  but 
dutiful  agent,  and  successfully  carried  out  (510 
B.C.).    Few  deeds  in  the  world's  history  have  been 
more  fruitful  of  great  consequences ;  but  it  was 
too  great  a  service  to  be  rewarded  with  gratitude. 
The  Athenians  declared  that  the  Pythia  had 
been  bribed  (Herod,  v.  63),  and  falsely  attributed 
their  own  liberation  to  Harmodius  and  Aristo- 
geiton.      The  6th  century  B.C.,  in  which  the 
last-named  event  was  one  of  the  closing  scenes, 
is  that  which  shows  Delphi  at  the  height  of  its 
power.    It  begins  with  the  first  Sacz^  war,  in 
which  Delphi  was  delivered  from  the  rival  pre- 
tensions and  aggressions  of  Cirrha  and  Crissa; 
yet  the  severity  exercised  towards  those  cities  is 
a  blot  on  its  fair  fame.    In  the  middle  of  the 
6th  century  the  great  gifts  of  Croesus   were 
made ;  shortly  after  which  (548  B.C.)  the  temple 
at   Delphi  was  burnt  down,  but  rebuilt  with 
great  splendour  by  the  Alcmaeonidae.     Inside 
this  temple  the  sayings  of  the  seven  wise  men 
(of  which  yv&Bi  ffHiMT6v^  "  know  thyself,"  is  the 
most  famous)  were  inscribed  (Pausan.  x.  24,  §  1). 

The  Persian  wars  show,  though  almost  im- 
perceptibly, a  turn  in  the  tide  of  greatness 
of  Delphi.  The  oracle  perhaps  knew  too  much 
about  the  power  of  the  Persians ;  at  all  events 
its  tendency  wan  to  counsel  submission,  or,  what 
was  tantamount,  inactivity.  This  was  the  effect 
of  its  utterances  to  the  Cnidians  (Herod,  i.  174), 
to  the  Argives  (Herod,  vii.  148),  and  to  the 
Cretans  (Herod,  vii.  169, 171).  But  such  advice 
was  not  given  through  mere  cowardice ;  and  in 
the  romantic  history  of  the  Persian  war,  few 
things  are  more  interesting  than  the  clash  of 
sentiment  between  the  fiery  and  resolute  Athe- 
nians and  the  timid  but  clear-sighted  oracle 
(Herod,  vii.  140-143).  The  counsel  that  was 
hammered  out,  as  it  were,  between  these  two 
contending  (but  not  hostile)  forces — the  counsel 
that  the  Athenians  should  betake  themselves  to 
their  "  wooden  walls  ** — was  in  fact  the  very 
best  that  could  have  been  given ;  though,  had  it 
failed,  the  oracle  would  have  no  doubt  sheltered 
itself  under  the  ambiguity  of  the  term. 

The  disastrous  Pcloponnesian  war  marks  the 
first  point  in  Greek  history  in  which  the  Delphic 


oracle  sinks  below  the  level  required  by  the 
situation.    Not  that  it  was  unnatural,  or  wholly 
wrong,  for  it  to  support  the  Spartans  (Thucjd. 
i.  118,  123);  but  it  had  no  real  command  o?er 
the  combatants.    The  authority  of  Aelian  (  V.  H. 
iv.  6)  is  hardly  sufficient  for  what  we  would 
gladly  believe,  that  at  the  end  of  the  war  the 
oracle  pleaded  on  behalf  of  Athens.    After  the 
beginning  of  the  4th  century  B.C.  its  infiuence 
falls.      Agesilaus    (Pint.    Apophthegm.  Loam. 
AgesiL  10)  set  it  below  Dodona;  and  Epami- 
nondas  seems  not  to  have   consulted  it  when 
Messina   was    made  a    state    (Pausan.  iv.  27, 
§§  ^^)  •    though  he  made  it  gifts  after  the 
battle  of  Leuctra,  as  Lysander  had  done  at  the 
close  of  the  Peloponnesian  war  (Plut.  Lysander). 
As  the  first  Sacred  war  ushered  in  the  highest 
fame  of  the  Delphic  oi-acle  (B.C.  600-590),  m 
the  second  Sacred  war  (B.C.  357-346)  marks  the 
beginning  of  the  definite  decline,  alike  of  Greece 
and  of  Delphi ;  for  it  introduced  Philip  of  ^ace- 
don  into  Central  Greece.     Nor  only  that ;  but 
it  was   marked  by  the  dispersion  of  the  Ta»t 
Delphian  treasures  seized  by  the  Phodans.    In 
the  preceding  century,  such  a  sacrilege  woald 
have   been    impossible.      And   though    neither 
Philip  nor  Alexander  intended  harm  to  Delphi, 
yet  the  enormous  conquests  of  the  latter  dt>' 
persed   the  Greek  race   over  many  lands,  sdJ 
(what  was   perhaps  of   still  greater  moment) 
transferred  the  centre  of  public  interest  and  of 
power  away  from  Greece  altogether.     With  the 
saying  of  Demosthenes,  ii  nvSia  ^t\nrwl(9tf  and 
the  exclamation  extorted  by  Alexander  from  the 
Pythia,   '^My   son,  thou    art    invincible,"  the 
public  career  of  the  Delphic  oracle  may  be  said 
to  close. 

Yet  it  must  not  be  dismissed  without  one 
word  more.  When  it  declared  Socrates  "the 
wisest  of  men,"  it  not  only  uttered  the  mo&t* 
remarkable  of  its  deliverances,  but  alw  trans- 
mitted the  sign  of  its  great  authority  to  a  moral 
power  that  was  far  to  transcend  its  own,  and 
gave  the  greatest  of  its  vital  impulses  exactly 
when  its  own  apparent  force  was  beginning  to 
wane. 

For  the  names  of  special  works  on  Delphi,  see 
the  end  of  this  article. 

On  the  Oracular  System  generally,  —  Delphi 
and  Dodona  stand  apart.  These  having  been 
treated  of,  the  occasion  is  the  best  for  some  gene- 
ral remarks  on  all  the  oracles. 

It  must  not  be  forgotten  that  oracles  were 
only  the  most  highly  organised  form  of  the 
general  effort  to  obtain  supernatural  knowledge 
and  power ;  that  isolated  diviners,  unconnected 
with  any  oracle,  abounded  throughout  Greece: 
that  modes  of  divination  by  sacrifice,  the  flight 
of  birds,  the  casting  of  pebbles,  were  known 
and  practised  in  all  quarters ;  and  that,  even 
when  diviners  united  into  a  college,  there  was 
no  oracle,  properly  speaking,  unless  the  place 
itself  through  some  known  feature,  as  a  tree  or 
a  rocky  cleft,  co-operated.  For  lack  of  this, 
the  college  of  diviners  at  Telmessus  in  Lycia 
cannot  be  held  to  constitute  an  oracle  (Herod,  i. 
78).  A  scarcely  less  necessary  feature  of  sn 
oracle  was  that  it  should  have  an  organise  i 
body  of  ministers.  This  is  sometimes  wantinjr 
in  a  so-called  oracle,  but  never  in  an  oracle  ot 
importance.  Without  priests  and  sacrifice, 
there  could  be  no  solemnity  of  approach  to  the 


ORACULUM 


ORACULUM 


285 


divine  power.  In  an  oracle,  the  intercourse 
between  God  and  man  was  thought  to  be  at  its 
higiiest. 

A  cnrioQs  incidental  fact  is  the  excessire 
AbnDdance  of  oracles  in  Boeotia,  their  entire 
absence  from  Attica.  The  Attic  temperament 
▼as  too  keen-witted,  seeminglv,  for  an  oracle  to 
be  able  to  floxtrish  under  its  close  inspection ; 
tboogh,  at  a  distance,  the  Athenians  were  very 
reverential  to  oracles.  On  the  other  hand,  the 
Boeotians  were  not  content  unless  they  had  a 
dirinity  dose  by. 

The  fact  that  Apollo,  not  Zeus,  is  the  god 
vbo  generally  presides  oTer  oracles,  must  be 
Doted  and  understood.  It  was  not  meant  in 
disparagement  of  Zeus.  Zeus  was  so  great, 
tbst  the  human  mind  could  not  come  in  imme- 
diate contact  with  him;  an  intermediary  was 
Dceenary;  and  such  was  Apollo.  But  what 
Apollo  declared,  Zeus  had  first  conceived  and 
iatended.  (Aeseh.  Sum.  19,  616-618.)  Yet 
this  idea  was  not  invariable,  for  the  most  primi- 
tire  oracle,  Dodona,  belonged  to  Zeus  simply ; 
and  two  others  will  immediately  be  described. 

The  chief  distinction  of  class  between  oracles, 
as  respects  the  method  by  which  the  prophecy 
VH  procured,  was  this :  some  were  called  arti- 
ncial,  in  which  signs  of  future  events  were 
derired  from  external  appearances  intellectually 
interpreted;  others  natural,  in  which,  either 
through  dreams  or  through  a  prophetic  frenzy, 
the  dirine  intention  was  implanted  directly  in 
the  mind  of  the  seer,  and  uttered  by  him  (or 
genenilT  by  her)  in  involuntary  phrases. 
Dodona  originally  belonged  to  tlie  first  class, 
Delphi  to  the  second.  But  Dodona,  as  has  been 
aid,  resorted  afterwards  to  the  method  of  in- 
fpiration.  Oracles  of  Apollo  may  be  generally 
aainmed  to  have  some  tinge  of  the  prophetic 
frenxT,  though  often  softened  down.  Oracles  to 
Thich  the  sick  resorted,  generally  made  use  of 
dreams  (cf.  Tertnll.  de  Anim.  46);  the  patient 
slept  a  night  in  the  temple  (incubatio). 

The  two  most  important  oracles,  after  Delphi 
tod  Dodona,  are  the  oracle  of  Zeus  Ammon  in 
l^bva,  and  that  of  Apollo  at  Branchidae. 
Thoee  who  wish  to  know  the  experiences  of  a 
coQsnltant  of  the  minor  oracles  may  refer  to  the 
disGoones  of  Aelius  Aristides  (an  abstract  is 
$iren  by  M.  Bouch^Leclercq,  vol.  iu.  pp.  299- 

The  oracles  will  now  be  set  down  according 
to  their  several  classes. 

OracU$  of  Zeus  {other  than  Dodona), 

1.  Oracle  of  Zeus  at  Olympia.  This  is  an 
iastince  of  a  true  and  very  ancient  oracle, 
sWlr  metamorphosed  under  the  influence  of  a 
'Titem  of  divination  which  had  grown  up  under 
^  ihelter  of  the  oracle,  but  yet  was  not  strictly 
^''^c^ihtf.  Pansanias  saw  at  Olympia  an  enclo- 
nire  sscred  to  Zeus  the  Thunderer  (Z<6r  Karai- 
^ir^),  close  to  the  great  altar ;  and  also  an 
»tar  dedicated  to  Earth,  and  another  to  Themis, 
^»  by  the  month  (jrr6iuo¥)  of  a  hollow  chasm. 
°</«  we  have  something  that  sounds  like  the 
P^Bttry  form  of  the  Delphic  oracle ;  perhaps  a 
^  nearer  reminiscence  of  Dodona.  But  a 
f«aay  of  priestly  diviners,  the  lamidae,  whose 
^V^  b  far  removed  in  the  legendary  past,  in 
vhich  their  first  father  lamus  was  said  to  have 


been  a  son  of  Apollo  (Pindar,  Olymp.  vi.  47-121), 
introduced  methods  of  divination  unknown  to 
the  earliest  times;  by  the  observation  of  the 
entrails  of  victims  (Herod,  i.  59 ;  viii.  134)  and 
of  the  flames  of  sacrifices  (Pindar,  Olymp,  viiL 
4);  and  the  true  oracle  gave  way  before  the 
new-comers.  With  the  lamidae  were  joined 
the  Clytiades  (Pausan.  vi.  17,  §  6).  The  divina- 
tion, according  to  these  rites,  was  performed 
before  the  altar  of  Zeus  Olympius  (Pindar^ 
Olymp,  vi.  118,  119).  Yet  the  oracle  did  not 
cease  to  be  called  an  oracle;  Sophocles  (Octf. 
Tyr.  900)  assigns  to  it  a  high  dignity ;  and  the 
change  was  perhaps  not  distinctly  recognised  by 
most.  From  what  Strabo  says  (viii.  p.  353),  and 
Lucian.  Jcar.  24,  we  conclude  that  it  was  hardlv 
consulted  at  all  on  ordinary  occasions,  in  the 
historical  period;  this  impression  is,  however^ 
removed  by  the  interesting  story  in  Xen.  Sell. 
iv.  72. 

2.  Oracle  of  Zeus  Ammon,  in  an  oasis  of  Libya, 
in  the  north-west  of  Egypt.  This  oracle  came 
immediately  after  Delphi  and  Dodona  in  import- 
ance and  fame ;  and  there  is  this  point  of  great 
interest  about  it,  that  it  was  in  all  probability 
founded  by  Egyptians,  and  then  refined  and 
humanised  through  the  Greek  inhabitants  of 
Gyrene.  Two  distinct  national  cults  united  to 
produce  it. 

Zeus,  in  this  oracle,  was  represented  as  having 
a  ram's  head  (itptowp6a'»iroSf  Herod,  iv.  181,  ii. 
42).  Such  a  representation  cannot  rationally 
be  supposed  to  have  had  any  origin  but  one ; 
namely,  in  the  Egyptian  Thebes,  where  the 
chief  god,  Ammon  (Amun),  was  also  represented 
with  a  ram's  head.  The  derivation  of  the- 
oracle  of  Ammon  from  the  Egyptian  Thebes  has- 
already  been  spoken  of  in  treating  of  Dodona  ; 
and  though  the  story  of  captive  Egyptian 
women,  given  by  Herodotus,  could  not  fairly  be 
expected  to  have  left  any  trace  recognisable  by 
modem  research,  the  other  parts  of  the  account 
of  Herodotus  do  receive  confirmation  from 
recent  discoveries  very  remarkably.  What 
Herodotus  says  (ii.  42)  Ls,  that  the  inhabitanta 
of  the  oasis  of  Ammon  were  descended  from  a 
joint  colony  of  Egyptians  and  Ethiopians,  and 
he  implies  that  the  Egyptians  were  from  Thebes,, 
and  gives  a  fanciful  story  why  the  Thebans  and 
other  Egyptians  gave  their  chief  god  (whom  he 
calls  Zens)  a  ram's  head.  Now,  R.  Lepsius  (in 
the  Zeitschrift  fUr  aegyptischen  Sprache  und 
Mterthumskunde^  1877,  pp.  8-23)  has  shown 
from  the  monuments  that  it  was  precisely  under 
the  "Ethiopian  dynasty  that  the  god  Ammon  of 
Thebes  (Amun)  was  first  represented  with  a 
ram's  head,  he  having  been  previously  depicted 
with  a  human  head  surmounted  by  two  large 
feathers ;  and  that  it  was  under  a  king  of  that 
dynasty,  Teharqou  (692-664  B.C.),  that  the- 
oasis  of  Ammon  was  colonised  and  the  oracle 
founded,  a  short  time  before  the  colonisation  of 
Cyrene  by  the  Greeks.  This  fixes  the  origin  of 
the  Ammonian  oracle  very  precisely,  and  entirely 
in  accordance  with  Herodotus. 

The  Cyreneans  embraced  the  worship  of  Zeus 
Ammon  with  eagerness,  and  extended  it  among 
their  kindred  in  Greece,  the  Spartans  and  The- 
bans (Pausan.  iii.  18,  §  2  ;  ix.  16,  §  1).  Never- 
theless, there  was  always  some  little  hesitation 
among  the  Greeks  in  identifying  this  deitv  abso- 
lutely with  their  own  Zeus.    The  ram's  head 


286 


OBAGULUH 


OBAGULUM 


naturally  stood  in  the  way;  and  henee  some- 
times only  the  ram's  horns  were  attributed  to 
him,  the  head  and  face  being  those  of  a  man, 
and  this  would  appear  to  hare  been  the  case  in 
a  statue  of  him  at  Megalopolis  in  Arcadia 
(SyoX/ia  "A/ifxttPos,  K4para  4wl  r^s  Kt^oKris 
ixo^  icpioO,  Pausan.  viii.  32,  §  1).  We  may 
hope,  and  perhaps  believe,  that  it  was  so  also 
in  the  statue  of  Ammon  dedicated  in  a  temple 
of  the  god  at  Thebes  by  the  poet  Pindar  (Pausan. 
iz.  16,  §  1).  Pindar  completely  identifies 
Ammon  with  Zeus  (Pyth,  iz.  89),  and,  as  we 
learn  from  the  Scholiast  on  that  passage,  ad- 
dressed to  him  a  hymn,  hailing  him  as  **  master 
of  Olympus  " ;  which  hymn  was  engraved  on  a 
pillar  by  Ptolemy  the  First,  king  of  ii^gypt,  and 
seen  by  Pausanias  (/.  c).  On  the  other  hand, 
in  Plato,  Ammon  is  always  Ammon,  never  Zeus. 
Few  more  quaint  stories  are  preserved  than  the 
complaint  of  the  Athenians  to  this  oracle  as  to 
their  own  military  failure  in  spite  of  their 
splendid  sacrifices ;  while  the  Lacedaemonians, 
who  troubled  themselves  little  about  those 
things,  won  their  battles  ([Plato],  Alcib,  ii.  148, 
149).  It  is  scarcely  necessary  to  say>  that 
Alezander  the  Great  identified  Anmion  with 
Zeus. 

We  know  but  little  of  the  methods  of  divina- 
tion employed  at  this  oracle ;  but  from  Diodorus 
(zvii.  50,  51)  we  gather  that  one  was,  to  carry 
the  statue,  flashing  with  emeralds,  in  solemn 
procession,  and  judge  by  the  changing  appear^ 
ances  which  it  presented :  80  priests  joined  in 
this  ceremonial.  The  spring  of  water  in  the 
oasis  must  have  furnished  another  means ;  for 
when  the  oracle  had  fallen  into  decay,  the 
priests  provided  themselves  with  a  supply  of 
water  from  it,  which  they  carried  about  and 
sold  as  possessing  qualities  of  divination  (Juv. 
vi.  553-555).  The  oracle  had  been  nearly 
deserted  long  before  Juvenal's  time  (of.  Strabo, 
xvii.  p.  814). 

Oracles  of  Apollo  (ptXer  than  Delphi), 

The  oracles  of  Apollo  will  here  be  taken  in  a 
geographical  order:  namely,  first,  those  in 
Boeotia  and  the  neighbouring  parts  (Phocis  and 
Euboea);  next,  those  in  Asia  Minor  and  the 
adjacent  islands;  lastly,  the  few  (of  which 
Delos  is  the  most  important)  scattered  else- 
where. 

But  it  is  necessary  to  say,  in  a  few  words, 
the  order  in  which  these  oracles  actually  grew. 
The  peculiarity  of  the  case  is,  that  the  oracular 
impulse  first  came  to  birth  in  Greece,  while  the 
worship  of  Apollo  (as  appears  from  the  legends, 
from  Homer,  and  from  general  considerations) 
originated  on  the  coasU  of  Asia  Minor.  The 
prophetic  god  was  separated  from  the  chief 
oracular  seats.  But  gradually,  the  worship  of 
Apollo  crossed  over  the  Aegean ;  and,  at  Delphi, 
found  the  seat  that  fulfilled  all  that  the  imagi- 
nation required.  Then,  the  centre  having  been 
found,  the  oracular  impulse  was  flashed  back 
over  the  Aegean;  and  created  on  the  Ionian 
coasts  those  oracular  seats  which  could  not  have 
originated  there,  but  which  were  resorted  to 
.ind  honoured,  as  soon  as  their  pretensions  were 
understood. 

1.  Oracle  at  Abae,  in  the  N.E.  of  Phocis. 
This  oracle  is  first  mentioned  in  the  6th  century 


B.C.,  when  Croesus  Included  it  among  the  seven 
oracles  which  he  tested  as  a  preliminary  to  his 
intended  inquiry  concerning  the  ezpedtency  of 
making  war  on  Cyrus.  It  was  therefore  an 
oracle  of  distinction,  though  it  proved  unequal 
to  satisfying  the  test  imposed  by  Croesiu 
(Herod,  i.  46,  47).  It  pretended  to  great  anti- 
quity. Shortly  before  the  Persian  wars  it 
received  from  the  Phodans  a  great  number  of 
shields  and  other  booty  won  in  battle  from  the 
Thessalians,  an  equal  number  being  sent  to 
Delphi.  After  the  battle  of  Thermopylae,  the 
Thessalians  determined  to  take  their  revenge; 
they  led  a  Persian  army  into  Phocis,  and  de- 
stroyed among  other  places  the  temple  of  Aboe 
(Herod,  viii.  33).  Pausanias  (z.  35,  §2)  tells 
us  that  the  Greeks  passed  a  resolution  to  lesTe 
in  their  ruins  all  temples  that  had  been  destroyed 
in  this  invasion,  as  a  memorial  oi  nndyiag 
hatred.  But  this  cannot  have  been  carried  oot 
here  :  it  must  be  inferred  from  Sophocles  (Otd, 
Tyr.  899)  that  the  temple  of  Abae  was  fallr 
ezistent  in  the  latter  half  of  the  5th  centarr 
B.C.  Moreover,  we  find  it  predicting  victorj 
to  the  Thebans  before  the  battle  of  Lenctre 
(Pausan.  iv.  32,  §  5) :  in  spite  of  which,  those 
same  Thebans  burnt  it,  and  500  Phodans  in  it, 
in  the  Sacred  or  Phocian  War  (B.a  346).  And 
though  the  town  of  Abae,  at  the  end  of  that 
war,  was  exempted  from  the  ruin  that  fell  on 
the  rest  of  Phocis  (Pausan.  z.  3,  §  2),  the  temple 
and  oracle  were  irretrievably  gone.  Centarie» 
afterwards,  Hadrian  built  a  smaller  temple 
close  by,  and  the  Romans,  from  a  feeling  of 
piety  towards  Apollo,  allowed  the  people  of 
Abae  to  govern  themselves.  (Pausan.  z.  35, 
§2.) 

2.  Oracle  of  Tegyra.  This  lay  not  far  from 
Abae,  but  just  within  the  Boeotian  frontier. 
Plutarch  tells  us  that  it  flourished  chiefly  is 
the  Persian  wan,  when  it  had  a  high  priest 
Echecntes  (Pelopid,  16^  and  promised  tbe 
Greeks  the  victory  over  the  Persians  (Defect- 
Orac.  5).  Tegyra  was  on  one  occasion  deckrrd 
bv  the  Pythia  herself  to  have  been  the  birth- 
place of  Apollo  (Plutarch,  Pehpii.  16;  Defed. 
Orac.  5 ;  Steph.  Byz.  s.  v,  TtyCpa). 

3.  Oracle  of  Mount  Ptoon,  near  Acnephis,  in 
the  territory  of  Thebes.  Mythology  affirmed 
that  Tenerus,  son  of  Apollo  and  Melis,  was  tbe 
first  prophet  here  (Strabo,  iz.  p.  412).  More 
interesting  is  it  to  know,  on  the  same  authority, 
that  Pindar  sang  of  this  oracle.  When  Mrs  th^ 
Carian  was  sent  by  Mardonius  to  consult  it,  at 
the  time  of  the  Persian  wars,  the  prq>b^t 
answered  him  in  the  Carian  language,  lo  that 
the  Thebans  who  accompanied  him  could  not 
write  down  the  reply,  and  Mys  was  obliged  to 
do  this  himself  (Henxl.  viii.  135).  This  oracle 
also  was  consulted  by  the  Thebans  be^v* 
Leuctra  (Pausan.  iv.  32,  §  5),  but  was  destroyed  , 
in  the  general  ruin  of  the  Theban  territory  by 
Alezander  (Pausan.  iz.  23,  §  3).  In  the  tiir* 
of  PInUrch  the  whole  district  was  desolate 
(Plut.  Defect,  Orac.  8).  j 

4.  Oracle  of  Apollo  Ismenius,  south  of  Thebes  I 
This  was  the  national  sanctuary  of  the  Thebans. 
and  oracles  were  given  here,  as  at  OlynpiSfJj  | 
inspection  of  the  entrails  of  victims  (Herod, 
via.  134)  and  bv  the  shape  of  altar-flsmes 
(Soph.  Oed.  Tyr.  21).  A  stone  at  the  entranct 
of  the  temple  was  pointed  ont  as  the  seat  on 


ORACULUM 


0BACX7LUM 


287 


vbkh  lbat<v  the  daughter  of  Tirenas,  had 
prophesied.  In  this  oracle  a  hoj  of  good  iTainilj 
ud  handwRM  appearance  waa  selecteid  yearly  ae 
pheit  aad  termed  Bai^ini^6pos  (laurel-bearer); 
lad  if  in  moie  than  nenally  good  position,  dedi- 
ottd  a  tripod  before  his  year  of  office  was  over. 
(Pausn  tx.  10,  §}  2-4 ;  and  compare  Pindar, 
i^iA.  xi.  7-10.)  Herodotus  saw  three  such 
thpods,  inscribed  with  ancient  Cadmean  charac- 
texs  (r.  5ft-^lX  One  was  inscribed  with  the 
aime  of  Amphitryon,  and  Pausanias  (/.  c.)  says 
that  it  was  dedicated  on  behalf  of  Heracles, 
aad  WIS  the  most  remarkable  of  all  the  tripods 
be  bed  seen.  Possibly  it  was  from  this  collec- 
uoa  that  a  yearly  tripod  was  sent  to  Dodona 
(Stiabo,  ix.  p.  402).  Before  the  disastrous  con- 
diet  with  Alexander,  the  Thebans  are  said  to 
hsTe  asked  of  this  oracle  the  meaning  of  a  cer- 
tain cobweb  in  the  temple  of  Demeter,  and  to 
tore  receired  an  ambiguous  answer  (Diodor. 
ini.10). 

&.  Orsde  of  Apollo  Spodios,  also  at  Thebes. 
Here  diTmation  by  Toice-omens  was  practised, 
u  at  Smyrna.  (Pausan.  ix.  11,  {  5.)  This 
<mcle,  like  the  last,  was  of  course  destroyed  by 
Alexander. 

6.  Onde  of  Hysiae,  at  the  foot  of  Cithaeron, 
Bar  Attica.  The  temple  was  unfinished :  the 
made  of  inspiration  was  by  drinking  from  a 
sacred  well.     (Pausan.  ix.  2,  §  1.) 

7.  Onele  of  £utreBis,  between  Thespiae  and 
Platses,  in  the  neighbourhood  of  Leuctra. 
(Steph.  Byz.  t.  o.  E^-fni^is:  SchoL  od  //.  ii. 
502.) 

8.  Oracle  of  Apollo  Didymaeus,  usually  called 

the  ovacle  of  the  Branchidae,  in  the  territory  of 

Miletus.  This  oracle  was,  as  has  been  intimated, 

the  fourth  in  importance  of  all  in  the  Grecian 

vorid;  and  the  legends  respecting  its  founds- 

tioB  sre  highly  picturesque.      (Conon.  Narrat. 

33;  Varr.  opi  LuUt.  ad  SUt.  Thebaid,  viii.  19a.) 

The  antiquity  of  it  haa,  howerer,  been  much 

<toBbtcd,  and  C.  W.  Soldau  (in  the  Zeittchrift 

fh-  AUerthmnuvismHSchaft,   1841,  pp.  54^584) 

eadesTonrs  to  ahowthat  it  was  founded  some- 

vWie  about  the  last  quarter  of  the  7th  cen- 

turf  B.C.    But  bis   arguments,  though  highly 

mgenioas,  hardly  seem  to  countervail  these  two 

ivU:  first,  that  Herodotus  calls  it  **  an  oracle 

Moulded  in  ancient  time  "  (fiarr^tor  4k  woXoiov 

^W^»er,  I  157) ;  and,  secondly,  that  Pharaoh- 

Necbo  (who  died  in  bjc.  601)  sent  to  Branchidae, 

**»  aa  offering  to  Apollo,"  his  military  dress 

(Herod.  iL  159]^  which  lie  would  hardly  hare 

'^  to  a  quite  recent  institution.    It  is  true 

that  it  is  suggested  that  the  temple  was  more 

Aodc&t  than  the  oracle ;   but  no  one  supposes 

tliat  the  fSunily  of  the  Branchidae  were  more 

^iciait  than  the  oracle;  and  their  arrival  (in 

^  perM>n  of  the  head  of  the  family,  Branchus) 

eotld  hardly  have   been  a  fact    unknown  to 

Herodotus  if  it  had  taken  place  only  a  century 

^  a  half  before  his  own  time.     Branchus  ia 

pfobaUy  a  mythical  person ;  the  only  argument 

^  the  contrary  being  the  obscure  reference  in 

^^«oea  Laertius  (i.  3,  5  [72]),  in  which  he 

b  let  iHe  by  aide  with  the  sage  Chilon  as  a  per- 

*^  of  brief  terse  speech. 

Tfic  oracle,  however,  is  quite  unmentioned  by 
H«iner  or  Uie  Homeric  hymns,  and  various 
r«ita  in  the  myths  of  its  foundation  indicate 
^i  it  vas  an  oAhoot  from  Delphi ;  to  which 


conclusion  the  reference  in  Strabo  (xvli.  p.  814) 
also  leads.  But  at  the  beginning  of  the  5th 
century  B.C.,  the  sentiments  of  the  Delphic 
oracle  towards  Branchidae  were  the  reverse  of 
friendly  (Herod,  vi.  19).  It  was  the  oracle 
chiefly  consulted  by  the  Aeolians  and  lonians  of 
Asia  Minor ;  and  it  was  one  of  the  seven  selected 
by  Croesus  to  answer  his  test  question ;  and 
though  it  appears  not  to  have  solved  his  puzzle 
satisfactorily,  he  gave  it,  says  Herodotus  (i.  92), 
**  offerings,  as  I  learn,  equal  in  weight  and 
similar  to  those  which  he  made  to  Delphi." 
This,  under  all  the  circumstances,  may  be 
doubted ;  but  Croesus  must  have  been  liberal  to 
the  Branchidae,  to  render  such  a  statement 
possible. 

The  meaning  of  the  word  Didymaeus  (AiSu- 
/ituos  or  AiUvfitis)  is  not  quite  certain ;  but  if 
we  accept  the  statement  of  Stephanus  of  Byzan- 
tium (a.  V.  AiBvfAo)  that  the  temple  and  oracle 
were  dedicated  to  Zeus  and  ApoUo,  *Hhe  twin 
Apollo  "  (i,e.  twin  with  Zeus)  seems  the  natural 
interpretation  :  though  ^  twin  with  Artemis " 
cannot  be  discarded  as  impossible,  if  AiSvfte^s 
has  this  meaning.  In  any  case,  if  Stephanus  be 
right,  such  a  dedication  suggests  an  oraculai* 
foundation  (cf.  Aesch.  Eton,  19),  and  goes  some 
way  to  show  that  the  oracle  is  coeval  with  the 
temple. 

Of  the  constitution  of  the  oracle  of  Branchidae 
only  a  few  traces  are  left.  As  its  name  implies, 
it  was  administered  by  a  sacerdotal  family,  and 
this  appears  further  nrom  its  later  history ;  for 
in  the  unfortunate  close  of  the  history  of  the 
Branchidae,  far  away  in  the  Sogdiana,  we  find 
them  preserving  their  cohesion  and  identity. 
Other  families  are  also  mentioned  in  connexion 
with  this  oracle,  especially  the  Evangelides  (cf. 
Conon.  Narrat,  44);  but  what  their  relation  to 
it  exactly  was  we  do  not  know.  Perhaps  they 
only  entered  on  the  scene  after  the  Branchidae 
had  disappeared.  Though  Strabo  (f.  c.)  describes 
this  oracle  as  similar  to  Delphi,  in  the  fact  of 
its  replying  by  words  and  not  by  signs,  we  can- 
not certainly  infer  that  it  had  a  tripod  and  a 
prophetess  in  the  early  times ;  though  it  had  in 
the  times  of  lamblichus  (de  Myst.  iii.  2).  But 
it  had  a  sacred  spring  more  marvellous  than 
Castalia,  which  rose  in  the  promontory  of 
Mycale,  then  (it  was  said)  dived  under  the  sea 
and  reappeared  near  the  temple  of  Apollo 
(Pausan.  v.  7,  §  5 ;  and  cf.  Euseb.  Praep,  Ev. 
r.  15). 

The  Branchidae  failed  in  patriotism  (Schol. 
Aristoph.  Plut  1002 ;  Zenob.  v.  80) ;  yet  the 
impression  which  the  few  stories  that  have 
come  down  to  us  about  them  leave,  is  not  wholly 
unfavourable.  When  we  find  the  historian 
Hecataeus  proposing  to  take  the  treasure  of 
their  temple,  and  to  derive  thence  a  fund  for 
repelling  the  Persians  (Herod,  v.  36),  their  cool- 
ness for  the  Greek  cause,  if  not  admirable,  is 
intelligible.  About  the  beginning  of  the  6th 
century  B.C.  a  catastrophe  overwhelmed  them. 
Darius,  after  capturing  Miletus,  burnt  their 
temple  (Herod,  vi.  19,  20)  and,  we  must  infer, 
appropriated  its  treasures;  and  when  the  his- 
torian goes  on  to  say  that  Darius  ^  carried  away 
the  Milesians  to  Ampe  on  the  Tigris,"  we  should 
suppose  that  the  Branchidae  were  at  any  rate 
among  those  carried  off.  But  a  different  story 
was  current  in  Greece  in  later  days;  namely. 


288 


OBACULUH 


that  it  was  Xerxes,  not  Darius,  who   carried 
away   the   Branchidae;    that  they  volantarily 
surrendered  their  treasures  to  him,  bargaining 
for  a  safe  home  in  Persia,  since  they  dared  not 
dwell  among  the  Greeks,  and  that  they  were 
accordingly  settled  in  Sogdiana  (Curtins,  vii.  23 ; 
Aelian,  ap.   Said.   «.  v.  Bpayxi^ai :   Strabo,  xi. 
p.  518,  xiv.  p.  634 ;  Pint,  de  ser.  num,  vindicta, 
12) ;  and  Strabo  says,  finally,  that  it  was  Xerxes 
who  burnt  their  temple.    Amid  this  contradic- 
tory evidence,  it  is  impossible  for  us  now  to 
decide  how  the  case  lay  ;  but  the  easiest  supposi- 
tion is,  that  Herodotus  was  not  aware  of  the 
exact  place  to  which  the  Branchidae  were  trans- 
ported, and  that  on  this  point  the  four  later 
historians  are  right ;  that  the  four  historians, 
on  the  other  hand,  are  mistaken  in  saying  that 
Xerxes  had  anything  to  do  with  the  matter 
(since  Herodotus  could  hardly  have  erred  here) ; 
and  that    the  story  of  the  treachery  of  the 
Branchidae  was  the  exaggerated  shape  which  the 
sense  of  their  want  of  patriotism  took  in  the 
minds  of  after-generations.    Be  that  as  it  may, 
the  final  upshot,  as  reported  by  the  four  above- 
named  historians,  was  tragical.    Alexander  the 
Great,  in  his  wild  arrogance  regarding  himself 
as  the  avenger  of  the  past  wrongs  of  Greece, 
slew  the  descendants  of  the  Branchidae,  in  their 
peaceable  remote  retreat  in  Sogdiana. 

The  oracle  of  Apollo  Didymaeus,  no  longer 
the  oracle  of  the  Branchidae  (though  still  some- 
times called  soX  revived  from  the  ruins  in  which 
the  Persians  had  left  it ;  though  how  soon,  we 
do  not  know.  In  the  time  of  Alexander  we  find 
it  under  the  direction  of  the  authorities  of 
Miletus  (cf.  O.  Rayet,  Eev.  ArchSbl.  1874,  ii. 
pp.  100,  107) ;  the  priests  were  chosen  annually 
by  lot  from  among  the  principal  families  of  the 
city  (cf  a  I.  G.  2884,  2881) :  the  chief  of  the 
priestly  body  was  called  ffrtiptur/i^pos^  ^  crown> 
bearer,"  and  it  seems  possible  that  he  combined 
with  his  religious  office,  either  sometimes  or 
always,  the  position  of  chief  magistrate  of  the 
city,  for  we  find  him  in  one  case  admitting  cer- 
tain persons  to  citizenship  (0.  Rayet,  p.  108) ; 
besides  these,  there  was  a  prophet,  also  annually 
ordained.  The  temple  had  been  rebuilt,  but  on 
a  scale  so  grand  that  the  roof  was  never  put  on 
(Strabo,  xiv.  p.  634).  The  oracle  fiattered  Alex- 
ander, and  after  him  Seleucus  Nicator,  from 
whom  it  received  gifts;  and  from  this  time 
onwards  it  rapidly  became  rich.  In  the  year 
74  B.C.  it  was  pillaged  by  pirates,  yet  Strabo  in 
his  visit  still  found  it  in  a  condition  of  great 
magnificence.  It  seems  (like  the  other  Asiatic 
oracles)  to  have  been  less  affected  by  a  decline 
in  prestige  than  the  oracles  in  Greece  proper; 
and  the  Koman  senate  included  it  amone  those 
religious  institutions  which  it  was  legally  per- 
missible to  endow  with  inheritances  (ulpian, 
Fragm,  xxii.  6).  It  shared  in  the  oracular  re- 
vival of  the  3rd  and  4th  centuries  a.d.,  but 
after  the  death  of  Julian  fell  irretrievably  into 
ruin. 

9.  Oi'acle  of  Claros.  This  was  situated  north 
of  Miletus,  near  Colophon.  It  was  said  to  have 
been  founded  by  Cretans  under  Rhacius,  who 
were  joined  afterwards  by  a  Theban  colony  sent 
out  under  the  auspices  of  the  Delphic  oracle,  at 
an  extremely  early  date.  Manto,  daughter  of 
Tiresias,  was  among  the  Thebans ;  she  married 
Rhacius,  and  their  son  was  the  prophet  Mopsus, 


ORACULUM 

from  whom  the  prophets  of  Claros  maj  bare 
traced  their  descent;  but  this  is  doubtful. 
(Pausan.  vii.  3,  §§  1,  2.)  In  later  times,  the 
prophets  were  generally  taken  from  Hileto^ 
(Tac.  Ann,  ii.  54).  The  oracle  at  Claros  had 
its  centre  in  a  cave  with  a  beautiful  clear  pool 
in  it,  near  a  sacred  wood,  in  which,  it  was  said, 
there  were  no  serpents  (Aelian,  HisL  Anitr^ 
X.  49).  We  hear  but  little  of  this  oracle  in 
early  times :  Alexander  was  said  to  hare  been 
encouraged  by  it  in  a  design  he  had  of  rebuilding 
Smyrna  (Pausan.  vii.  5,  §  1).  A  prophet,  who 
drank  the  sacred  water,  was  the  revealer  of  the 
divine  will  (Tac.  /.  c.)  and  pronounced  oracles 
in  verse,  answering  the  questioner  without  even 
having  heard  the  question.  The  cynic  philoso- 
pher Oenomaus  of  Gadara  (in  the  2nd  oenturj 
A.D.)  was,  however,  by  no  means  impressed  with 
the  truthfulness  of  the  replies  (Oenom.  ap,  £useb. 
Praep,  Evang,  v.  2).  Germanicns  consulted  this 
oracle,  which  was  said  to  have  prophesied  his 
death  (Tac.  /.c);  it  was  sometimes  consulted 
by  letter  (Ovid,  F<ut,  i.  20) ;  and  it  was  patro- 
nised by  Apollonins  of  Tyana  (Philostr.  Vit. 
ApoU,  iv.  1)  and  Alexander  of  Abonotichos 
(Ludan,  Faeudom.  29).  Inscriptions  prove  that 
its  fame  extended  even  to  Britain.  Porphyry 
(ad  Aneb.  p.  3)  and  lamblichus  (Myst.  iii.  11} 
speak  of  it,  but  after  that  time  it  is  unmen* 
tioned. 

10.  Oracle  of  Patara,  in  Lycia.  The  storj 
(not  of  course  likely  to  be  approved  of  at  Delphi) 
was  that  Apollo  spent  six  months  of  the  yemr 
here  (the  winter  time)  and  the  six  summer 
months  at  Delos.  (Tzetz.  ad  Lyoophr.  401  ; 
Servius  ad  Verg.  Aen.  iv.  143:  cf.  Herod. 
i.  182.) 

11.  Oracle  at  Cyaneae,  in  Lyda.  (The  tovr» 
is  mentioned  in  Pliny,  v.  §  101.)  Here  was  an 
oracle  of  Apollo  Thyrxeus  (perhaps  =  BvaaZot : 
cf.  TertuU.  de  ooron,  mil.  354X  near  which  was 
a  well,  into  which  any  one  looking  saw  **all 
that  he  desired  "  (xdtfra  dwSira  9^Aci,  Paaaan. 
vii.  21,  §  6). 

12.  Oracle  at  Seleuda,  in  Cilida  (cf.  Steph. 
Byz.  8.  V.  2<\c^icfia).  Here  Apollo  was  invoked 
as  ^  Sarpedonlus  "  (from  the  neighbouring  pro« 
montory,  dedicated  to  the  hero  Sarpedon).  The 
people  of  Palmyra,  in  the  height  of  thdr  pride 
under  Zenobia,  asked  this  oracle  if  thej  could 
conquer  the  empire  of  the  East.  It  is  not  sur- 
prising that  they  were  repelled  (Zosim.  i.  57). 
It  would  seem  that  this  is  the  orade  called  by 
Strabo  the  oracle  of  Artemis  Sarpedonia  (xiv.  6. 
§9). 

13.  Oracle  at  Hybla,  near  Magnesia  (cf.  Athen. 
XV.  §  13).  Possibly  the  true  name  of  thi? 
oracle  is  Hylae  (Pausan.  x.  32,  §  6).  It  seems 
from  its  situation  to  be  the  same  as  that  of 
Hiera  Kome,  mentioned  in  Liv.  xxxviii.  13. 

14.  Oracle  at  Gryneia  or  Grynium.  The 
prindpal  oracle  among  the  Aeolic  cities  of  Asia 
Minor.  (Strabo,  xiii.  p.  622;  Verg.  Echg,  vT. 
72 ;  Aen.  iv.  345 ;  Pausan.  i.  21,  §  7 ;  Athen.  iv. 
p.  149  d ;  Hecat.  Fragm.  211.)  The  town  itself 
is  mentioned  in  Herodotus  (i.  149),  and  appears 
from  Strabo  to  have  been  dependent  on  Myrina ; 
and  as  Myrina  sent  tribute  to  Delphi  (Pint. 
Pyih,  Orac,  16),  the  Grynean  oracle  was  no 
doubt  an  ofishoot  fVom  Delphi.  (For  an  instance 
of  a  consultation  of  this  oracle,  cf.  C  L  G. 
3538.) 


ORACULUM 


OBACULUM 


289 


15.  Oradt  of  Apollo  Napaeiu  (Nomuos),  near 
Hcthymsft  in  Lesboi.  (Steph.  Byz.  s,  v.  Ndrq ; 
SdML  Arist.  NiA,  lii;  Macrob.  i.  17,  45 :  cf. 
Stnbo,  ax.  f,  426.) 

19.  Oracle  of  Apollo  Actaens  and  Artemis  at 
AdnstM%  in  tha  north  of  tlie  Troad.  (Strabo^ 
iiu.p.588.) 

17.  Onde  at  Zeleia,  in  the  same  neighbour- 
hood (Tzctz.  od  Ljcophr.  315). 

18.  Onde  at  Chalcedon  (Dion.  Byzant. 
Jbk^  Botpori^  Fngm.  67 :  cf.  C.  /.  Q,  5794). 

19.  Orade  of  Deloa.    The  singularity  of  this 
«nde  is  why  it  should  not  have  existed  in  times 
when  orsdea  were  most  important.    It  appeared 
to  have  erery  adrantage ;  the  Homeric  hymn 
Xa  tbc  Delian  Apollo  (o.  81)  shows  that  from 
the  first  it  was  designed  to  be  an  oracle ;  the 
islaad  itself  had  the  highest  celebrity  for  its 
acxedncsBy  and  the  religions  ceremonials  with 
«rhich  it  was  honoured  were  scarcely  surpassed 
b  Greece :  yet  an  oracle  it  was  not.    When  one 
a»ki  why  this  was,  the  answer  must  be  con- 
j«ctiinL    Probably  the  reason  was,  that  it  lay 
oQt  of  the  reach  of  those  Greek  races  who  had 
the  disposition  suitable  for  originating  oracles 
(the  Boeotians  and  Phodans),  and  was  peculiarly 
under  the  thumb  of  that  race  (the  Athenians) 
which  wss  devoid  of  any  such  disposition.  Under 
some  drcnmstanoes,  it  might  hare  been  a  re- 
ligions centre  for  the  lonians  and  Aeolians  of 
Aas  Minor ;  but  they  probably  found  the  sea- 
mi|e  a  deterrent,  and  they  had  their  own 
highly  celebrated  oracles  (see   above)  derived 
from  DelphL    Not  till  the  2nd  century  B.C.  is 
any  reference  made  (outside  the  brief  allusion  in 
the  Homeric  hymn)  to  an  orade  in  the  island. 
Then  Zeno  of  Rhodes  speaks  of  the  Bhodians 
ittTing  inquired  of  this  oracle  (cf.  Diod.  v.  58). 
Bat  Virgil  {Aen,  iii.  90-93)  gave  it  a  far  higher 
reputation;  though,  considering  the  looseness 
of  the  Soman  poets  in  such  points,  his  reference 
hst  hardly  any  historical  authority.    The  satiri- 
ol  allusion  in  Lndan  (Bia  accus,  1)  is,  however, 
i«U  eridence;  and  in  a  still  later  age  Julian  con-* 
•olted  it  (Theodorei.  Hist.  Eocl49,uL  16>  When 
^  ttb  whether  the  orade,  such  as  it  was,  was 
situled  in  the  temple  near  the  sea-shore  or  on 
the  top  of  Mount  Cynthus,  in  the  really  andent 
^hrise  discovered  by  M.  Lebigue  (fiScherche»  aur 
^H  the  testimony  of  Himerius  (prat,  xviii.  1) 
mm  to  decide  the  point  in  favour  of  the  latter. 
Tae  itory  that  Apollo  spent  the  six  summer 
BMQths  of  the  year  at  Delos,  has  already  been 
^(ani  to  under  the  head  of  the  Oracle  of 
Patara. 

20.  Orsde  at  Abdera.    (Pindar,  ap.  Tzetzes, 
Lyoophr.  445.) 

21.  Orade  of  Apollo  Deiradiotes,  at  Argos. 
I^ic  is  ftated  to  have  been  an  ofihoot  from 
I^lphi  (Pausan.  ii.  24) ;  but  in  one  point  the  cere- 
Bones  difiered  remarkably  from  those  of  Delphi : 
^  priertets  once  a  month  sacrificed  a  lamb  dur- 
H  ^  aight,  and  tasted  the  blood,  in  order  to 
^^^^  the  prophetic  ecstasy.  This  appears  to 
■^  that  the  oracle  had  a  higher  antiquity 
^  belonged  to  its  Delphic  origin,  and  was  in 
»e  fint  instance  an  oracle  of  the  dead.  It  was 
^^  alive  by  the  patriotism  of  the  Argives, 
vvafi  nundful  of  their  primseval  renown,  and 
*v  lUn  active  in  the  time  of  Pansanias. 

22.  Onttle  of  Apollo  Lycius,  also  at  Argos. 
The  prophetess  is  said  to  have  warned  Pyrrhos, 
▼01.0. 


just  before  his  death  (Plut.  Pyrrh.  31).  Pau- 
sanias,  however,  does  not  mention  this  oracle, 
and  some  doubt  consequently  attaches  to  it. 
Except  the  two  at  Argos,  there  was  no  oracle  of 
Apollo  in  Peloponnesus:  the  neighbourhood  of 
Delphi  overpowered  minor  establishments. 

23.  Oracle  of  Daphne,  near  Antioch  in  Syria. 
A  very  late  oracle,  and  of  no  good  repute.  The 
prophetic  fountain  had  here  the  name  of  Castalia, 
and  a  bay-tree  grew  close  by.  Hadrian  obtained 
from  this  oracle  a  prophecy  that  he  should  be 
emperor ;  but  on  his  biecoming  such  in  reality, 
he  destroyed  the  fountain,  lest  any  one  else 
should  draw  from  it  a  similar  augury.  Julian 
attempted  to  restore  it,  but  the  temple  was 
burnt  down  facddentally,  it  seems)  during  the 
struggle  which  he  waged  against  the  Christians, 
and  this  practically  meant  the  end  of  the  oracle. 
(Strabo^  zv.  p.  750;  C.  /.  0.  1693;  Sozom. 
Hist.  EccUi.  V.  19 ;  .Amm.  Marcell.  zzii.  12,  8.) 

Grades  of  other  Oods. 

Though  the  overwhelming  prestige  of  Apollo, 
as  the  revealer  ot  the  will  of  his  father  Zeus  to 
men,  tended  to  extinguish  the  prophetic  function 
of  other  divinities  in  the  eyes  of  their  adorers, 
it  could  not  quite  succeed  in  doing  so.  To  be  a 
god,  and  not  to  be  able  to  predict  the  future, 
was  to  fall  so  seriously  beneath  the  divine  level, 
that  the  worshipper  of  Athene  or  Hermes  would 
never  admit  that  the  object  of  his  worship 
was  reduced  so  low.  Hence,  scattered  through 
Greece,  though  few  in  number  by  comparison, 
were  the  oracular  seats  of  the  other  super- 
natural powers  of  the  upper  or  nether  world ; 
the  rites  by  which  they  were  approached  being 
sometimes  of  a  very  singular  nature. 

The  Earth,  as  has  appeared  already,  was  to 
the  primitive  populations  almost  the  chief  dis- 
closer of  the  future  (thus,  originally,  at  Delphi). 
The  oracle  of  Earth  (toZb)  at  Aegira  in  Achaia, 
mentioned  by  Pliny  (xxviii.  §  147),  may  be  a 
mistake  of  that  writer  (cf.  Pausan.  vii.  25, 
§  13);  but  at  Patrae,  not  far  from  Aegira, 
Earth,  associated  with  Demeter  (Le.  Tri  fi^r^p) 
and  Persephone,  gave  oracles  respecting  the  sick. 
A  mirror  was  let  down  by  a  rope  into  a  sacred 
well,  so  as  to  float  upon  the  surface.  Prayers 
were  then  performed  and  incense  offered,  where- 
upon the  image  of  the  sick  person  was  seen  in 
the  mirror  either  as  a  corpse  or  in  a  state  of 
recovery.    (Pausan.  ii.  24, 1 1.) 

A  vague  tradition  of  an  oracle  of  the  Nvmphs 
called  Sphragitides  existed  on  Mount  Cithaeron 
(Plut  Aristid.  11 ;  Pausan.  ix.  3,  §  9).  A 
tradition  of  an  oracle  of  Posddon  Hippies,  at 
Onchestus  in  Boeotia,  is  preserved  in  the  iiomeric 
hymn  to  Apollo  (230^238)^  with  which  compare 
Pausan.  ix.  26,  §  5,  and,  as  emphasising  the 
word  Hippies,  Hom.  IL  xix.  405-417.  An  oracle 
of  Ino-Pasiphae,  who  seems  to  represent  the 
moon,  existed  in  Laconia  between  Oetylus  and 
Thalamae;  the  revelation  being  made  through 
dreams  (Pausan.  iii.  26,  §  1).  The  other  oracle 
of  this  deity  mentioned  by  Pausanias,  at  Epi- 
daurus  Limera,  seems  hardly  rightly  so  called. 

pNOA.] 

There  was  an  orade  of  Pluto  and  Core  (Perse- 
phone) at  Acharaca,  between  Tralles  and  Nysa, 
in  Asia  Minor,  in  the  basin  of  the  Maeaader. 
A  lai^e  grove,  a  temple,  and  a  cave  called  the 

u 


290 


ORACULUM 


Charoniam,  were  the  seat  of  the  oracle.  ''  The 
sick  resort  thither,  and  live  in  the  village  near 
the  cave,  among  experienced  priests,  who  sleep 
at  night  in  the  open  air  and  direct  the  mode  of 
cnre  by  their  dreams.  The  priests  invoke  the 
gods  to  cure  the  sick,  and  frequently  take  them 
into  the  cave,  where  they  remain  in  quiet  with- 
out food  for  several  days.  Sometimes  the  sick 
themselves  observe  their  own  dreams,  but  apply 
to  the  priests  to  interpret  them.  To  others  the 
place  is  interdicted  and  fatal."  (Strabo,  xiv. 
p.  650,  abridged.)  The  singular  ceremony  which 
Strabo  proce^  to  narrate  has  no  direct  bearing 
on  the  oracle.  There  appears  to  have  been  an 
oracle  of  Pinto  at  £ana  in  Macedonia  (cf.  L. 
Henzey,  Mission  arch^,  de  Mac6loine^  Inscr.  K, 
120). 

Asi  oracle  of  Dionysus  existed  at  Amphicaea 
or  Amphicleia,  in  Phocis,  to  the  north  of  Par- 
nassns.  Like  the  oracle  at  Acharaca,  its  function 
was  limited  to  the  cure  of  the  sick,  and  its  mode 
of  operation  was  by  dreams  interpreted  by  an 
inspired  prophet  (Pausan.  x.  33,  §  11).  Another 
oracle  of  Dionysus  was  at  Satrae  in  Thrace,  and 
the  prophets  were  called  Bessi  (Herod,  vii.  111). 
The  oracles,  however,  were  given  by  a  pro- 
phetess, ''as  at  Delphi,  and  are  not  more 
recondite,"  savs  Herodotus.  The  oracle  of 
Dionysus  in  Thrace,  mentioned  by  Pansanias 
(ix.  SO,  §  9),  may  perhaps  be  the  same  as  the 
one  just  mentioned. 

Oracles  of  Pan  were  to  be  found  at  Troezen 
(Pausan.  ii.  32,  §  6),  and  in  the  cave  at  Paneas, 
one  of  the  principal  sources  of  the  river  Jordan 
(C  /.  (7.  4539) ;  the  oracles  were  given  through 
dreams.  An  oracle  of  Aphrodite  existed  at 
Paphos  in  C3rprus,  and  was  consulted  by  Titus 
(Tac  Hist.  ii.  3,  4).  An  oracle  of  Hera  Acraea 
-  (i,e.  the  goddess  of  the  hill-tops)  was  between 
Lechaeon  and  Pagae,  on  the  gulf  of  Corinth 
(Strabo,  riii.  p.  380). 

Hermes,  from  his  close  connexion  with  Apollo, 
was  a  god  that  might  be  expected  to  give 
oracles:  this  power,  however,  in  the  Homeric 
hymn  to  Hermes,  552  sqq.,  is  only  accorded  to 
him  in  a  limited  degree  by  the  more  exalted 
deity.  He  had  an  oracle  at  Pharae  in  Achaia, 
where  his  altar  stood  in  the  middle  of  the 
market-place.  Incense  was  offered  there,  oil 
lamps  were  lighted  before  it,  a  copper  coin  was 
placed  upon  the  altar,  and  after  this  the  question 
was  put  to  the  god  by  a  whisper  in  his  ear. 
The  person  who  consulted  him  immediately  lefl 
the  market-place.  The  first  remark  that  he 
heard  made  by  any  one  after  leaving  the  market- 
l^ace  was  believed  to  imply  the  answer  of 
Hermes  (Pausan.  vii.  22,  §  2).  This  mode  of 
oracular  disclosure  was  so  much  associated  with 
Hermes  that  he  received  the  name  of  KK9ifi6vios 
from  it ;  as  we  learn  from  an  inscription  found 
at  Pitane,  near  Smyrna  (Le  Bas  et  Waddington, 
Voyage  carcMol,  v.  1724»).  Hence  it  is  probable 
that  the  KXtjIfiSvwv  hphv  at  Smyrna,  mentioned 
by  Pansanias  (ix.  11,  §  7),  was  an  oracle  of 
Hermes. 

Athene,  the  goddess  of  rational  valour,  had 
scarcely  any  oracles ;  though  Plato,  identifying 
her  with  the  Egyptian  Keith,  says  that  she  in- 
troduced into  Greece  **  prophecy  and  medicine " 
(Plato,  T«m.p.  24C).  Characteristically  enough, 
the  onlv  oracle  attributed  to  her  is  to  the  effect 
of  **  Help  thyself,  and  heaven  will  help  thee." 


ORACULUM 

(Zenob.  Cent,  v.  93;  Diogenian.  Ceni.  viii.  11; 
Suidas,  8,  V.  r^v  x^'jp"*  ^»  Babr.  20.) 

Oracles  of  Heroes, 

Asclepius  (Aesculapius)  lies  ahnost  half-war 
between  gods  and  heroes ;  still  he  may  be  more 
properly  reckoned  among  the  latter.    And  the 
oracular  seats  where  he  was  believed  to  instruct 
men  are  of  peculiar  interest,  because  they  furnish 
the  meeting-point  between  religion  and  science^ 
as  those  were  conceived  in  the  classical  Greek 
world.    For,  on  the  one  hand,  he  was  thought 
of  as  the  god  of  healing,  the  son  of  Apollo^ 
begotten  by  Apollo  that  he  might  heal  bodily 
sicknesses    (Menand.    Ehet,    Epidiot.    p.    32?'; 
Olympiod.  Vit,  Flat.  p.  4,  42) ;  in  whoae  temples 
the  sick  would  spend  a  night  in  hope  of  being 
miraculously  relieved  by  the  morning  (Panaan. 
ii.  27,  §  2).    This  aspect  of  him  had  a  tendency 
to  gain  ground ;   to  Aeschylus  (Agam,    1022; 
and  Pindar  (PyM.  iii.  96)  he  is  a  faulty  man ; 
Aristophanes  {Plutus^   662  sqq.),  with   all   hia 
mockery,  treats  Asclepius  as  a  god.    Bnt,  on  the 
other  hand,  Asclepius  was  the  legendary  father 
of  a  crowd  of  descendants,  the  Asdepiadae,  who, 
in  whatever  degree  they  considered   religions 
communicationa  important  for  suocesa   in  the 
healing  art,   had  genuinely  scientific  qualities 
(Plato,  Bep.  iii.  p.  405  sqq. ;  Medicina).    These 
two  phases  of  the  doctrine  and  practice  con* 
nected  with  the  name  of  Asclepiua   were  so 
intermingled,  that  they  cannot  now  be  separated. 
Epidaurus  was  the  chief  seat  of  the  religious 
worship;  there  Asclepius  had  a  temple  and  a 
grove,  and  a  magnificent  gold  and  ivorr  atatue, 
and  innumerable  rotive  tablets  on   the  walls 
attested  the  cures  wrought  on  sick  persons  bv 
the  method  of  incubation  (Pausan.  iL  26,  27). 
But  nt  Cos  the  medical  school  culminated,  and 
there  Hippocrates,  the  first  great  light  of  medical 
science,  lived  and  wrote.    Yet  Epidaurus   and 
Cos  were  not  hostile  to  one  another,  and  we  rea*! 
of  an  embassy  sent  by  the  Epidaurians  to  th^^ 
Asclepius  of  Cos  (Pausan.  iii.  23,  §  6).       We 
must  assume  that  in  the  generality  of  the  shrines 
of  Asclepius   (of  which  nearly  a  hundred  are 
reckoned:  cf.  Th.  Panofka,  Ast^epios  wtd  die 
Asdepiaden,  pp.  271-361)  the  religious  element, 
the  prophecy  by  dreams  and  incubation,  greatly 
outweighed  the  scientific    It  is  a  question  of 
much  interest  why,  in  view  of  the  paucity  of 
oracles  of  ordinary  gods,  other  than  Apollo,  so 
remarkable  an  exception  should  be  fonxid  in  the 
case  of  Asclepius.     The   theory  was  (Menand. 
Bhet.  and  Olympiod.  /.  c.)  that  Apollo  committed 
to  Asclepius  this  part  of  his  functions ;  but  it  is 
impossible  to  suppose  that  persons  erecting  a 
temple  to  Asclepius  had  any  clear  theory  of 
delegation.    No  doubt  the  truth  is,  that   the 
worship  of  Asclepius  was  antecedent  to    the 
worship  of  Apollo,  and  his  emblem,  the  snake, 
had  an  origin  quite  distinct  from  the  Apolline 
worship ;  and  his  affiliation  to  Apollo  was  a  derice 
of  the  worshippers  of  Apollo,  in  order  that  they 
might  appropriate  a  power  that  they  could  not 
expel.      At  Pergsmus,  another  great  seat    of 
Asclepius,  the  celebrated  physician  Galea,  start- 
ing fiom  pure  faith  in  the  oracular  cures,  taught 
himself  principles  of  more  exact  medical  sdenoe. 
In  the  year  293  B.a  the  Sibylline  booka  com- 
manded   the  Romans  to  *'seek   Asclepius    at 


ORACULUM 


ORACULUM 


291 


Epidaom.**  They  did  so,  and  brought  away  a 
uTsterioiit  serpent ;  then,  on  the  spot  where  this 
xrpcBt  disappeared,  they  bailt  a  temple  to 
Atdepios  (AeseoUpius).  Oracles  were  given 
thexe  through  dreams,  and  miracles  performed 
{€.  L  6,  5977,  5980).  Serapis  was  joined  with 
AescoUpins  in  the  worship  at  this  temple  (Suet. 
damL  25).  This  also  was  the  case  at  Pergamns. 
F.  A.  Wolf  (FenmsdUtf  Schriften,  pp.  382  igq,) 
eadctTonn  to  show  that  mesmerism  was  used 
tD  the  coratire  rites  of  Asdepins ;  but  the  expe- 
riences of  Aelins  Aristides  hardly  bear  this  out. 
Oradet  of  Heracies.  One  was  at  Hyettns  in 
Bocotia  (Pansan.  iz.  36,  §  6);  another  at  Bora, 
in  Achaia.  Those  who  consulted  it  prayed  and 
pat  their  questions,  and  then  cast  four  dice 
psiated  with  figures,  and  the  answer  was  given 
according  to  the  position  of  these  figures  (Pausan. 
TiL  25,  $  6).  Another  oracle  of  Heracles  was  at 
Gades  (Dio  Gms.  Ixxvii.  20).  like  Asclepius, 
Heracles  was  almost  to  be  reckoned  as  a  god ; 
bad  he  been  merely  the  Greek  son  of  Zens  and 
AlcBMoa,  this  would  not  have  been  so :  but  he 
w»  identified  with  foreign  deities,  such  as 
Uelkart. 

Orade  cf  JVopAonuis  drf  LAcdea.    One  of  the 
most  odehratad  of  the  Greek  oracles,  and  in  a 
place  of  sonbre  and  impressive  aspect,  in  Boeotia. 
'Dun  were  different  Torsions  of  the  legend  of 
Tnphonins :  the  most  dignified  (found  m  Pint. 
Cmatd,  ad  Jpoa.  14)  tells  us  that  Trophonins 
ani  Agamedea  built  the  temple  of  Delphi,  and, 
opoa  desiring  a  reward  of  the  god,  he  told  them 
that  he  would  give  them  one  on  the  seventh 
day;  on  which    day  they  were  found   dead. 
ApQllo  made  Trophonius  a  prophet ;   and  the 
Boeotians  were  bidden  to  consult  him  at  Lebadea 
on  the  means  to  put  an  end  to  a  drought  that 
afflicted  the  land.    A  swarm  of  bees  led  them  to 
tke  lacred  cave,  and  the  oracle  was  established 
fPaaaan.  ix.  40,   1,  2).     The  rites  necessary 
iKfoie  consulting  it  were  complicated  and  ter- 
rifriag.    Fir»t,  the  oonanltants  had  to  purify 
theoMelves  by  spending  some  days  in  the  sano- 
tmry  of  the  good  spirit  and  good  luck  {'Ayet$ov 
AdfinfQs  nd  ijafiiit  Tdjcn^;  to  live  soberly 
aad  poroly;  to  abstain  trom  warm  baths,  but 
to  bsthe  in  the  river  Hercyna ;  to  offer  sacrifices 
to  Trophonius  and  his  children,  to  Apollo,  Cronos, 
uQg  Zeus,  to  Herfe  who  holds  the  reins  (Heni- 
oehaX  ^^  to  Demeter  Europe,  who  was  said  to 
^Te  ourscd  Trophonius ;   and  during  each  of 
theie  iscrificcs  a  soothsayer  examined  the  en- 
trails of  the  victim.    On  the  last  night,  the 
coBsoltant  had  to  sacrifice  a  ram  to  Agamedes. 
^\j  in  the  event  of  all  the  signs  being  favour- 
able VIS  admission  to  the  cave  granted.    If  it 
vere  granted :  two  boys,  13  years  old,  led  the 
ccfttnlts&t  again  to   the  river    Hercyna,  and 
Uthed  and  anointed  him.      The  priests  then 
Dttde  him  drink  from  the  well  of  Lethe,  that 
^  might  forget  all  his  former  thoughts,  and 
£r«n  the  well  of  Mnemosyne,  that  he  might 
rttBcmber  the  visions  he  was  about  to  receive. 
^  showed  him  an  ancient  statue  of  Tro- 
phonins,  which   he    adored;    led  him  to  the 
■octnary,  dressed  him  in  linen  garments,  with 
KiidUs  snd  a  peculiar  kind  of  shoes  (icpnwtSts) ; 
*od  hade  him  descend  a  ladder  into  the  cave. 
^OM  to  the  bottom  was  an  opening  into  which 
>f  put  his  foot ;  some  invisible  power  then  drew 
■*  vhele  body  through  the  opening.    In  each 


hand  he  held  a  honeycake  to  appease  the  sub- 
terranean deities.  The  vision  then  seen  by  him 
was  carefully  remembered,  and  told  to  the 
priests  on  his  remounting  to  the  light ;  and 
when  he  had  recovered  from  his  fears,  the 
priests  informed  him  of  the  meaning  of  the 
oracle.  (Pausan.  ix.  39,  §  3  iqq, :  cf.  Philostr. 
VU,  ApoU.  viii.  19.)  But  the  rision  sometimes 
left  men  melancholy  for  a  long  time.  Epa^ 
minondas  consulted  this  oracle  just  before  the 
battle  of  Lenctra,  and  received  from  it  the 
shield  of  Aristomenes,  the  Hcssenian  hero 
(Pausan.  iv.  32,  §§  5,  6).  It  preserved  a  certain 
reputation  even  down  to  the  time  of  Plutarch 
(de  Orac,  Defect.  5X  though  Sulla  had  plundered 
it.  It  was  much  consulted  by  the  Romans 
(Origen,  c.  OehuMy  vii.  p.  355).  Lebadea  is  the 
origin  of  the  modem  Livadia, 

Oracle  of  TirMtos   at   Orchomenua*     (Plut. 
de  Orac.  Defect.  44.) 

Oradee  of  Amphkaraua,  Thebes  and  Oropus 
(on  the  Euripus)  contended  for  the  honour  of 
possessing  the  spot  in  which  the  hero  Amphia- 
raus  was  swallowed  up  by  the  earth.  Hence 
there  were  two  oracles  at  which  he  was  invoked: 
one  between  Thebes  and  Potniae,  the  other  in  a 
narrow  valley  close  to  the  sea,  between  Oropus 
and  Psaphis  (Strabo,  ix.  1,  §  22).  The  first  was 
the  one  constdted  by  Croesus ;  it  was  among  the 
seven  to  which  he  proposed  his  test  question, 
and  it  was  even  said  to  have  given  an  answer 
not  altogether  wrong  (Herod,  i.  46,  49).  Hence 
the  Thebans  possessed  the  golden  shield  and 
spear  presented  by  Croesus  (Herod,  i.  52)  to 
this  oracle;  they  placed  these  gifts,  however, 
not  in  the  temple  of  Amphiaraus,  but  in  the 
temple  of  Apollo  Ismenius.  Moreover,  the 
Thebans  would  not  themselves  consult  this 
oracle ;  they  affirmed  that  the  hero  was  their 
ally,  and  that  they  would  not  disturb  his  im- 
partiality (Herod,  vui.  134).  This  looks  like  a 
pretext  to  cover  a  feeling  of  hostility ;  Amphia^ 
raus  had  fought  against  the  Thebans,  Pansanias 
(ix.  8,  §  2)  tells  us  that  the  grass  round  this 
temple,  and  the  columns  of  it,  were  the  scene  of 
a  perpetuil  miracle ;  cattle  would  not  crop  the 
one,  nor  birds  settle  upon  the  other :  doubtless 
as  a  proof  of  the  genuineness  of  the  tradition 
attached  to  the  spot.  The  oracles  were  given 
through  dreams  to  persons  sleeping  in  the 
temple  (Herod,  viii.  134) :  they  had  to  prepare 
themselves  for  this  incubatio  by  fasting  one  day, 
and  by  abstaining  from  wine  for  three  days 
(Philostr.  Vit.  AjMll.  ii.  37). 

At  the  other  oracle,  that  of  Oropus,  were  two 
sacred  wells  and  an  altar  of  elaborate  workman- 
ship (Pausan.  i.  34,  §§  2  eqq^  It  was  especially 
consulted  by  the  sick,  who  had  to  purify  them- 
selves and  sacrifice  a  ram ;  on  the  skin  of  which 
they  afterwards  slept  in  the  temple.  The  means 
of  recovery  was  then  supposed  to  be  intimated 
to  them  in  dreams.  If  they  recovered,  they 
had  to  throw  some  pieces  of  money  into  the 
well  within  the  sanctuary.  The  sacred  ground 
alleged  to  belong  to  this  oracle  was  the  subject 
of  a  curious  controversy,*  which  occasioned  the 
speech  of  Hyperides  pro  JSuxemppo. 

Oracle  of  Hemitheay  at  CasUbos  in  the  Carian 
Chersonese.    (Diodor.  v.  62,  68.) 

Oracle  cf  Mopeiu,  otherwise  called  the  orade 
of  Amphilochus,  at  Mallos  in  Cilicia.  The  two 
rival  seers,  Mopsus  and  Amphilochus,  had  slain 

u  2 


292 


OBAGULUK 


each  other,  and  their  oracles,  which  were  adja- 
cent, had  great  celehritj  in  times  succeeding  the 
commencement  of  our  era,  and  one  of  the  most 
curious  stories  connected  with  oracles  is  told  of 
that  of  Mopeus  by  Plutarch  ((fe  Orac.  Defect  45. 
See  also  Pausan.  i.  34,  §  3 ;  Ludan,  Paeudom, 
28 ;  Tertullian,  deAn.46;  Dio  Cass.  Ixxii.  7). 

Oracles  of  Calchaa  and  Podalirius,  on  Mount 
Drion,  in  South  Italy  (Daunia).  The  character 
and  ceremonial  of  these  oracles  were  similar  to 
each  other,  and  also  to  the  oracle  of  Amphiaraus 
at  Oropus  (see  abore).    (Strabo,  vi.  p.  284.) 

Oracle  of  Froteaihus^  at  £laeus,  in  the 
Thradan  Chersonese.  This  oracle  is  not  men- 
tioned  till  the  3rd  centurv  a.d.  by  Philostratus 
{Heroic,  ii.  6>  and  probably  was  of  recent  date 
then. 

Oracle  of  Autoiycus  (an  Argonaut,  and  tu^ 
the  celebrated  thief)  at  Sinope.  (Strabo,  zii. 
p.  545.) 

Oracle  of  Odysaeus^  in  Aetolia.  (Tzetz.  ad 
Lycophr.  799.) 

Oirtclc  of  MenestheuSy  the  companion  of 
Aeneas,  near  Gades,  in  Spain.  (Strabo,  iii.  p. 
140.) 

Oracles  of  Neryllinus,  in  the  Troad,  and  of 
Proteus  at  Parium  (Athenagor.  Supjpllc.  pro 
Christ.  26).  The  oracles  are  said  to  have  been 
localised  in  statues. 

The  oracle  which  Alexander  of  Abonotichos 
endeavoured  to  found  in  the  age  of  the  Anto- 
nines  can  hardly  be  reckoned  among  the  number, 
as  it  died  with  him. 

Oracles  of  the  Dead. 

It  was  thought  that  at  certain  places,  where 
deep  openings  were  seen  in  the  solid  earth,  the 
shades  of  the  dead  could  rise  from  their  sub- 
terranean abode,  and  give  answers  to  the  living. 
Such  a  place  was  called  rttevofttofTtToy  or  ^x*^ 
iro/iwuo¥.  The  most  ancient  oracular  seat  of 
this  kind  was  near  lake  Aomos  among  the 
Thesprotians.  (Herod,  v.  92,  §  7 ;  Diodor.  iv. 
22 ;  Pausan.  iz.  30,  §  3.)  Periander,  the  sage 
and  tyrant,  had  recourse  to  this.  Another  cele- 
brated Greek,  Pausanias  the  Spartan  king, 
sought  relief  for  his  troubled  spirit  at  Phigalia 
in  Arcadia,  by  summoning  the  shade  of  Cleonice 
(Pausan.  iii.  17,  §§  8,  9).  Taenarus,  in  the 
south  of  Laconia,  presented  in  its  cave  another 
such  oracular  seat ;  thither  the  slayer  of  Archi- 
lochus,  the  poet,  was  sent  by  the  Delphic  oracle 
(Pint,  de  sera  num.  vind.  17).  Heraclea  on  the 
rropontis  was  another  seat  of  the  kind  (Plut. 
CiVnon,  6).  As  at  other  oracles,  sacrifice  was 
necessary  before  the  shade  could  be  moved  to 
appear ;  and  abo  prayers  (Hom.  Od,  zi.  23-37). 

Italian  Oracles. 

Generally  speaking.  Oracles,  in  the  sense  of 
special  places  where  divine  answers  were  given 
to  men,  were  not  known  to  the  Italian  nations. 
Their  modes  of  divination  were  different.  (Of 
course,  such  oracles  as  those  of  Calchas  and 
Podalirius  mentioned  above,  or  that  of  Aescu- 
lapius at  Rome,  were  of  Greek  origin.)  Yet  if 
we  conld  trust  the  poets,  there  were  true  oracular 
seats  of  Faunus  at  Albunea  (Verg.  Aen.  vii.  81 
sqq,)  and  on  the  Aventine  (Ovid,  Fast.  iv.  650 
'??•)•    Virgil  was  so  imbued  with  Greek  models 


OBAGULUM 

that  his  historical  authority  on  snch  a  point  is 
very  small.  That  of  Ovid  is  better ;  but  on  the 
whole  there  is  no  suffident  proof  of  anytliing 
that  can  be  called  an  oracular  seat  of  Faunus. 
It  is  noticeable,  that  while  Virgil  makes  his 
oracle  complete  *by  bringing  in  a  priest,  this 
essential  mark  of  a  fized  place  of  revelation  is 
absent  in  Ovid.  Moreover,  in  the  somewhat 
similar  passage.  Fast.  iii.  295  sqq.,  Numa  sacri* 
fioes,  not  to  Faunus,  but  to  the  fountain ;  and 
certainly  here  it  can  hardly  be  thought  that  an 
oracular  seat  of  Faunus  is  indicated.  Similarly, 
the  tradition  preserved  by  Dionysins  of  Uali- 
carnassus  (i.  14),  that  at  Tiora  Matiene,  one  of 
the  aboriginal  dties  of  Italy,  a  woodpecker 
used  to  perch  on  a  wooden  column  and  pronoonoe 
oracles  given  by  Mars,  cannot  be  considered  as 
evidence  of  a  real  historical  oracular  seat. 

But  the  temples  of  Fortune  at  Praeneaite  and 
Antium  were  real  oracles,  and  the  only  instances 
in  Italy.  The  story  of  the  foundation  of  the 
Praenestine  oracle  is  told  by  Cicero,  de  Dw. 
ii.  41,  85.  A  noble  Praenestine,  Knmerius 
Suffucius,  was  bidden  by  a  dream  to  cleare  open 
a  rock ;  upon  his  doing  so  a  large  number  of 
wooden  **  lots "  {sortes)  fell  out,  inscribed  with 
antique  characters.  At  the  same  time  honey 
flowed  out  of  an  olive-tree  near;  and  at  the 
bidding  of  the  hamspioes,  the  olive-tree  was 
carved  into  a  wooden  boz,  and  the  Iota  were 
enclosed  in  it.  This  took  place  near  an  image 
of  the  infant  Jupiter,  who  was  reprwented 
(with  Juno)  as  sucking  the  breast  of  Fortune 
(who  must  be  regarded,  not  as  in  oar  sense  of 
the  word,  but  as  Primigenia,  the  origin  of  life. 
The  Romans  borrowed,  this  characterisation  of 
Fortune :  cf.  Liv.  zziz.  36,  xzziv.  58).  Once  a 
year,  in  the  month  of  April,  a  two-days'  festival 
wte  held  at  Praeneste  in  honour  of  Fortnne  and 
Jupiter,  the  boz  was  opened,  and  a  child  drew 
out  the  iots  at  random  (Cic.  /.  c. ;  Kal.  Praenest, 
iii.  Id.  April).  See,  for  further  mention  of  the 
"lots"  of  Praeneste,  Propert.  ii.  32,  3;  Suet. 
Ttb.  63,  Domit.  15 ;  Strabo,  v.  p.  238. 

The  temple  of  Fortune  at  Antium  has  been 
made  famous  by  Horace  (jOd.  i.  29, 1).  Two 
sister  Fortunes  wen  represented,  and  were  said 
to  give  the  oracles  by  bending  their  heads 
(Macrob.  Sat.  i.  23, 13 :  compare  Suet,  (kdvj,  57, 
and  Emesti's  note  on  the  passage).  Martial 
calls  them  veridicae  sorores  (v.  1,  3). 

At  Caere  (liv.  zzi.  62)  and  Folerii  (Liv.  xxii. 
1)  there  appear  also  to  have  been  **  lots  "  from 
which  omens  were  derived. 

On  the  Roman  oracles,  Niebuhr,  ffist.  of 
Rome^  vol.  L  p.  508,  &c ;  Hartung,  Die  Relig. 
der  POmerf  vol.  i.  p.  96  (besides  Bonchi- 
Leclercq's  work  mentioned  below)^  may  be 
oonsulteid. 

Egyptian  and  Syrian  Oracles. 

A  brief  mention  may  be  made  of  these,  in  so 
&r  as  they  touch  Greek  or  Roman  history. 

The  connezion  of  Serapis  with  Asclepins  has 
been  already  mentioned.  But  the  orades  of 
Serapis  himself  at  Alezandria  (Tac  Sist.  iv. 
81-84;  Suet.  Vesp.  7;  Dio  Chrysost.  OrcMt. 
zxxii.),  at  Canopus  (Strabo,  zvii.  p.  801),  and 
probably  at  Memphis  (see  Bonch^  -  Lecleroq, 
vol.  iii.  pp.  385-6X  had  great  fame.  So  had 
the  oracle  of  Apis  at  Memphis  (Diog.  Lacrt. 


OBACULUM 

till  90;  Anun.  Marcell.  xiii.  14;  Plin.  yiii 
§46;  Dio  ChrytotL  OnMt.  xzziL  13),  and  of  Iiis 
It  PbilM  (C.  /.  6.  4894-4947). 

Of  Synan  onMleg,  that  of  Heliopolis  (Baalbek) 
is  seaUoiied  by  Maarobiua  {Sat,  i.  23,  13,  and 
L  17,  66),  that  of  Hwrapolu '  by  Lucian  {Dea 
Syr.  36):  in  each  of  these  the  Son  was  the 
RTceliag  deity.  At  Nicephorinm  on  the 
EiphnSet  an  oracle  of  Zeus  w  mentioned  in 
tk  Angnstan  history  {ffadrianf  2) ;  how  far  the 
onele  was  Greek,  how  far  Syrian,  is  uncertain. 
It  vill  suffice  to  mention  the  oracles  at  Apamea 
(Dio  Cast.  IxzTiii.  8  and  40>  at  Gasa  (Steph. 
Bjx.  s.  9.  rJuCm,  and  Act,  Boilcmd,  Febniar.  iii. 
p.  654^  and  Aphaca  (2!^nL  i.  58).  A  reftrence 
to  the  singular  ctory  related  by  Gregory  of 
)ijiu  respecting  the  oracle  at  Neocaesarea  in 
Poatos  (Greg.  Nysa.  iii.  pp.  915,  916,  Migne) 
luy  oondnde  this  article. 

TIm  most  complete  work  on  the  subject  of 
oncles  is  Booch^Lederoq's  VMnatwn  dam 
FAntiqmU  (Paris,  1879-1882).  Great  use  of 
this  work  has  been  made  in  the  present  article ; 
tike  whole  subject  is  elucidated  W  it  in  a  very 
Rourkable  manner.  The  author  a  proofs  of  his 
news  are  sometimes  rather  scattered,  and  there 
arc  some  inaccuracies  in  the  quotation*references 
IB  the  notes.  His  disposition  is  to  be  somewhat 
too  MTore  on  the  Delphic  oracle ;  and  his  views 
ropectii^  the  origin  of  the  Peleiades  at  Dodona, 
ud  the  antiquity  of  the  oracle  of  Branchidae, 
bsTc  Bot  been  followed  in  this  article.  His 
vork,  howsTer,  must  always  be  an  authority. 

Other  works  on  oracles  that  may  be  mentioned 
se  Wschsmuth,  ffelUn.  AltertJtum,  ii.  p.  585, 
^ ;  Klaosen,  in  Ersch  and  Gruber's  Encydop, 
i.  T.  Onkel ;  A.  Maury,  Histoire  det  £eiigi<ma  de 
^  Griet  aKUquA,  rol.  ii.  ch.  xiii.  Paris,  1857 ; 
K.  F.  Hermann,  Ldkirhmch  der  griecMm^en  Anti' 
Tiiiaten,  ii.*  (1858),  §(  37-il  ;  £.  Curtius,  DU 
BdUniKke  Mmtik  (G5ttingen,  1864);  L  H.  de 
Ffataine,  j^  divimtati$  origine  gt  progretsvy 
Kvtock,  1867;  and  an  interesting  essay  by 
I  W.  H.  Hyers,  in  Beilenioa,  pp.  425-492, 
^^BdoD,  1880,  sinoe  republished  among  the 
tnthor't  essays. 

Ob  Dodona  specially,  the  important  works  of 
^Cuapaaos  {MOnoin  tur Dodone  et  le  CtUte  de 
•M^r  Jftnos,  1877,  and  Dodone  et  see  rutnes, 
^vtM,  1878)  take  the  first  place.  Besides  these, 
maj  be  mentioned  Cordes,  de  Oracido  Dodonaeo, 
^^agen,  1826;  J.  Ameth,  UAer  das  Tau&en- 
<'«Miwi/>Ktoia,Wien,1840;  L.  von  Lassaulz, 
^  Pelagische  Orakei  des  Zetu  »u  DodonOy 
Vuiborg,  1840;  L.  Preller,  Xkfdona,  1842,  in 
P^oly's  Seal-Encyehp.  ii.  pp.  1190-1195 ;  F.  D. 
^OB  Gerlach,  Dodona^  BaseU  1859 ;  G.  Perthes, 
^  P^eiaden  tu  Dodona,  Merseb.  1869;  H.  R. 
^«tow,  Die  OraktHMchiften  wn  Dodona,  in 
rlcckeisen's  Neye  JahrhOcker  fUr  PhOdogie,  for 
1^  pp.  30^-360.  This  last  work  is,  it  will 
^  woi,  sabsequent  to  the  disooreries  of  M. 

^pSBQS. 

Ob  Dtlphi  specially,  it  is  impossible  to  quote 
^  ^Barter  of  the  works  written  during  this 
^BTj.  But  these  may  be  mentioned :  C.  F. 
*[ikUr,  De  JUligkme  et  Oracuh  Apollwis 
*W*ci,  Hafniae,  1827;  H.  Piotrowski,  De 
^^'^^  Onadi  Ddphid,  Lipsiae,  1829;  R.  H. 
hUuea,  in  Ersch  und  Gruber's  Eneydopadie, 
^▼.  OraM;  D.  Hnllmann,  WUrduptn^  des 
^pkitd^  OnkdSj  Bonn,  1837  ;  W.  Gtttte,  Vas 


OBATIONES  PBINCIPUH       293 

Delphische  Orakei,  be,  Leipzig,  1839 ;  L.  Preller, 
art.  Delphi,  1842  (Panly's  Beat  Encydopdaie,  ii. 
pp.  909-919);  J.  Kayser,  Delphi^  Darmstadt, 
1855;  P.  Foucart,  Mimidre  stir  les  Muines  et 
VMstoire  de  Delphes,  Paris,  1865 ;  A.  Mommsen, 
Delphika,  Leipzig,  1878. 

Other  works  on  oracles  in  general,  and  the 
particular  oracles,  will  be  found  referred  to  in 
the  aboTO-mentioned  treatise  of  Bouch4-Le- 
dercq.  [J.  R.  If.] 

OBABIUM.    rSuDARiUM.] 

OBATiaNES  PBrNGIPUM.  Many  of  the 
orationes  of  the  Roman  emperors,  such  as  are 
quoted  by  the  Augtutae  historiae  scriptores,  are 
merely  communications  to  the  senate,  e.g,  the 
announcement  of  a  victory  (CapitoL  Maxim,  duo, 
12,  13),  but  those  which  are  the  subject 
of  this  note  relate  to  legislation  only.  Under 
the  earlier  emperors  the  orationes  were  prcjets 
de  loi  submitted  by  the  princeps  either  personally 
or  by  memorandum  {epistoh,  libellus :  e.g.  Dig. 
5,  3,  22 ;  24,  1,  32 ;  27,  9,  1)  to  the  senate, 
which  in  appearance,  though  not  in  reality,  still 
possessed  legislatire  power:  the  consuls,  as 
presidents  of  the  assembly,  would  then  open  a 
discussion  on  the  proposal  (e^.  Dig.  5,  3,  20,  6), 
which  we  cannot  doubt  was  invariably  embodied 
in  a  senatusconsultum  with  little  or  no  altera- 
tion, and  so  constitutionally  inrested  with  the 
force  of  law.  Instances  are  found  in  Gains 
(ii.  285),  **ez  oratione  diri  Hadriani  senatus- 
consultum factum  est ;  '*  and  in  Dig.  23,  2, 16 
(PaulusX  *'  oratione  diri  Marci ....  quam  sena- 
tusconsultum secatum  est." 

But  the  fact  that,  either  through  his  jtis 
edicendi,  or  in  virtue  of  the  Lex  Curiata  de 
Imperio,  the  emperor's  own  ordinances  had  the 
force  of  law,  and  the  ostentatious  unwillingness 
of  the  senate  to  make  even  a  false  show  of  inde- 
pendence by  pretending  to  discuss  his  legislative 
proposals,  graduallv  led  to  the  recognition  of 
the  oratio  as  itself  law,  apart  from  the  senatus- 
consultum which  was  founded  on  it :  so  that  the 
two  are  often  cited  indifferently  by  the  classical 
jurists — ^the  oratio  as  containing  the  reason  or 
grounds  of  the  law,  the  senatusconsultum  for 
its  particular  terms  and  provisions  (e^.  Dig.  2, 
15,  8;  23,  2,  60;  5,  3,  20,  22,  40;  11,  4,  3:  so 
too  *'  divi  Pertinacis  oratione  cautum  est,"  Inst. 
ii.  17,  7):  and  the  actual  consultation  of  the 
senate  gradually  sank  into  a  merely  formal 
acclamation.  As  to  the  mode  of  communication, 
unless  the  emperor  delivered  the  oratio  in 
person,  which  seems  not  to  have  been  very 
usual,  it  was  embodied  in  an  epistola  or  libellus 
(Dig.  5,  3, 20, 22),  which  was  read  to  the  senate 
by  one  of  the  quaestors  (Dig.  1,  13):  for  in- 
stance, Suetonius  {lU.  6)  says  that  Titus  some- 
times read  his  father's  orationes  in  the  senate 
**  qoaestoris  vice,"  and  the  practice  is  frequently 
referred  to :  e.g.  Suet.  Aug,  65 ;  Tac.  Ann,  iii. 
52,  xvi.  7 ;  Dio  Cass.  liv.  25,  Ix.  2.  The  mode 
of  proceeding  upon  the  receipt  of  one  of  these 
orationes  may  be  collected  from  the  preamble  of 
the  senatusconsultum  in  Dig.  5,  3 ;  and  when  it 
was  drawn  up  with  much  regard  to  detail,  the 
subsequent  senatusconsultum  was  clearly  a 
simple  reproduction  of  its  terms. 

It  is  not  quite  clear  when  the  practice  of 
formally  giving  the  force  of  law  to  orationes  by 
embodying  them  in  senatusconsulta  went  out  of 
use.    Senatusconsulta  originating  in  this  manner 


294 


OBATOB 


^re  found  in  the  reigns  of  Septimins  SeTemi 
und  hie  eon  Caracalla  {e.g.  Dig.  24,  1,  32)^  but 
under  the  Christian  emperors  the  oratio  appears 
simply  as  one  of  the  modes  of  publishing  or 
promulgating  emperor-made  law,  by  addressing 
it  to  the  senate  ('*  leges,  quae  missae  ad  venera* 
btlem  coetum  oratione  conduntur,"  Cod.  1, 14, 3 : 
cf.  Cod.  Theod.  4,  1,  1):  if  addressed  to  a 
magistrate,  it  would  rather  be  called  mandatum 
or  rescriptum ;  if  ^ad  populum  "  or  **  ad  omnes 
populos,"  an  edictum  or  edictalis  oonstitutio. 
Genuine  senatusconsulta  now  occur  only  in  rela- 
tion to  the  senatorial  games  or  other  burdens 
which  the  senate  had  to  bear  as  a  corporation 
(Symmach.  x.  28,  10). 

There  has  been  much  discussion  on  the  amount 
of  the  influence  exercised  by  these  orationes  on 
the  legislation  of  the  senate.  But  it  seems  to 
be  tolerably  clear,  from  the  eridence  that  we 
hare  and  from  the  nature  of  the  case,  that  the 
oratio  might  recommend  generally  some  legisla- 
tive measure  and  leare  the  details  to  the  senate, 
or  it  might  contain  all  the  details  of  the  pro- 
posed measure,  and  so  be  in  substance,  though 
not  in  form,  a  senatusconsultum :  and  it  would 
become  a  senatusconsultum  on  being  adopted  by 
the  senate,  which,  in  the  case  supposed,  would 
be  merely  a  matter  of  form.  [Senatdbcon- 
SULTUM.]  In  the  case  of  an  oratio  expressed 
in  more  general  terms,  there  is  no  reason  to 
suppose  that  the  emperor's  recommendation 
was  less  of  a  command:  it  was  merely  a 
command  in  more  general  terms.  (See  Dirk- 
sen,  Ueber  die  Reden  der  r(m.  Kaiser  wnd  deren 
EvnfivM  auf  die  Oetetzgebung,  in  Ehein.  Mua.  fur 
JuriiprudenZf  rol.  ii.,  and  Vermieohte  SahrifteHf 
part  i..  No.  vi.)  [0,LA    [J.  B.  M.] 

OBA'TOB.  Cicero  remarks  (Or.  Porf.  c.  28, 
100)  that  <*  a  certain  kind  of  causes  belong  to 
Jus  Civile,  and  that  Jus  Civile  is  conversant 
about  statutes  (lex)  and  custom  (mos)  apper- 
taining to  things  public  and  private,  the  know- 
ledge of  which,  though  neglected  by  most 
orators,  seems  to  me  to  be  necessary  for  the 
purposes  of  oratory."  In  his  treatise  on  the 
Orator,  and  particularly  in  the  first  book,  Cicero 
has  given  his  opinion  of  the  duties  and  requisite 
qualifications  of  an  orator  in  the  form  of  a 
dialogue,  in  which  Lucius  Licinius  Crassua  and 
H.  Antonius  ara  the  chief  speakers.  Crassos 
was  himself  a  model  of  the  highest  excellence 
in  oratory ;  and  the  opinions  attributed  to  him 
as  to  the  qualifications  of  an  orator  were  those 
of  Cicero  himself,  who  in  the  introductory  part 
of  his  first  book  (c.  6)  declares  that  ^  in  his 
opinion  no  man  can  deserve  the  title  of  a  perfect 
orator  unless  he  has  acquired  a  knowledge  of  all 
important  things  and  of  all  arts :  for  it  is  out 
of  knowledge  that  oratory  must  blossom  and 
expand,  and  if  it  is  not  founded  on  matter  which 
the  orator  has  fully  mastered  and  understood,  it 
is  idle  talk,  and  may  almost  be  called  puerile." 
According  to  Crassus,  the  province  of  the  orator 
embraces  everything :  he  must  be  able  to  speak 
well  on  all  subjects.  Consequently  he  must 
have  a  knowledge  of  the  Jus  Civile  (i.  44,  197), 
the  necessity  for  which  Crassus  illustrates  by 
instances ;  and  he  should  not  onlv  know  the  Jus 
Civile,  as  being  necessary  when  he  has  to  speak 
in  causes  relating  to  private  matters  and  to 
privata  judicia,  but  he  should  also  have  a  know- 
ledge of  the  Jus  Publicum,  whidi  is  conversant 


OBATOB 

about  a  state  as  such,  and  he  should  be  fsmilUr 
with  the  events  of  history  and  instances  derired 
from  the  experience  of  the  past.,^  Antonius 
(i.  49, 213)  limits  the  qualifications  of  the  orator 
to  the  command  of  language  pleasant  to  tlie  ear 
and  of  arguments  adapted  to  convince  in  causa 
in  the  forum  and  on  ordinary  occasions.  He 
further  requires  the  orator  to  have  competeot 
voice  and  action  and  sufficient  grace  and  ease. 
In  i.  58,  246,  he  contends  that  an  orator  does 
not  require  a  knowledge  of  the  Jus  Cirile,  in 
support  of  which  he  instances  himself,  for 
Crassus  allowed  that  Antonius  could  tatit£ic< 
torily  (induct  a  cause,  though  Antonius,  accord* 
ing  to  his  own  admission,  had  never  learnt  the 
Jus  Civile,  and  had  never  felt  the  want  of  it  in 
such  causes  as  he  had  defended. 

The  profession  then  of  the  orator,  who  vith 
reference  to  a  client's  case  is  also  called  jMiroattt 
(de  Orat.  i.  56,  237 ;  BraJt.  38,  143),  was  quite  ^ 
distinct  from  that  of  the  consulting  lavjer 
[JxTBiBOOHSULTi],  and  also  from  that  of  the 
advocatiUy  at  least  in  the  time  of  Cicero  (il  74, 
301),  and  even  later  (de  Orat  dial  34).  Tiie 
advocatus  assisted  a  party  with  legal  adTice,a&d 
accompanied  him  into  court,  though  there  iiis 
assistance  was  not  active,  being  limited  to  the 
effect  which  might  be  produMd  by  the  mere 
fact  of  his  raputation ;  but  after  the  fall  of  tiie 
Republic  the  functions  of  advocatus  and  pt- 
tronns  or  orator  are  oonfused,  as  the  greater 
jurists  ceased  to  go  into  court.  An  orator,  who 
possessed  a  competent  knowledge  of  the  civil 
law,  would  have  thereby  an  advantage,  as 
Antonius  admits  (i.  59,  251) ;  but  as  there  were 
many  (tssentials  to  an  orator,  which  were  diffi- 
cult of  attainment,  he  says  that  it  would  be 
unwise  to  distract  him  with  other  things.  Some 
requisites  of  oratory,  such  as  roioe  and  gestore, 
could  be  acquired  only  by  discipline :  whereas  a 
competent  knowledge  of  the  law  of  a  cue 
(jwit  utHitas)  could  be  got  at  any  time  from  a 
jurisconsult  or  from  books.  Antonius  thinks 
that  in  this  matter  the  Roman  acted  more 
wisely  than  the  Greek  orators,  who,  being 
ignorant  of  law,  had  the  assistance  of  low 
fellows  who  worked  for  hire,  and  wen  celled 
Pragmatici  (i.  45) :  the  Roman  onton  entnisted 
the  maintenance  of  the  law  to  the  high  charac- 
ter of  their  professed  jurists. 

So  far  as  the  profession  of  an  advocate  consists 
in  the  skilful  conduct  of  a  canse,  and  in  the 
supporting  of  his  own  side  of  a  question  br 
proper  'argument,  it  must  be  odmitted  with 
Antonius  that  a  very  moderate  knowledge  of 
law  is  sufficient ;  and  indeed  even  a  purely  legal 
argument  requires  not  so  much  the  accumnls- 
tion  of  a  vast  store  of  legal  knowledge  as  the 
power  of  handling  the  matter  when  it  hss  been 
collected.  The  method  in  which  this  consnm- 
mate  master  of  his  art  managed  a  cause  is  stated 
by  himself  (de  Orat.  ii.  72,  292) ;  and  in  another 
passage  (Brut,  37,  129)  Cicero  has  recorded  his 
merits  as  an  orator.  Serrius  Snlpicius,  who 
was  the  greatest  lawyer  of  his  age,  had  a  good 
practical  knowledge  of  the  law ;  but  others  had 
this  also,  and  what  distinguished  him  fiitnn  all 
his  contemporaries  was  something  else:  ^  Msnj 
others  as  well  as  Snlpicius  had  a  great  know- 
ledge of  the  law:  he  alone  possessed  it  as  an 
art.  But  the  knowledge  of  law  by  itself  woold 
never  have  helped  him  to   this  without  the 


OBATOB 


OBDO 


296 


pcfscnon  of  that  art  which  teaches  us  to 
dinde  the  whole  of  a  thing  into  its  parts,  by 
exact  defisitioB  to  derelop  what  is  imperfectly 
9«eD,  bj  explanation  to  clear  up  what  is  obscure : 
first  of  all  to  see  ambiguities,  then  to  disen- 
ttDgle  them,  lastly  to  hare  a  rule  by  which 
truth  and  falsehood  are  distinguished,  and  by 
which  it  shall  appear  what  consequences  follow 
from  premisses,  and  what  do  not "  {Brut.  41, 
152).  With  such  a  power  Sulpicius  combined  a 
knowledge  of  letters  and  a  pleasing  style  of 
>peaktng.  As  a  forensic  orator  then  he  must 
hvft  been  one  of  the  first  that  ever  lived :  but 
>ti]\  among  the  Romans  his  reputation  was  that 
•<f  a  jurist,  while  Antonius,  who  had  no  know- 
ledge of  the  law,  is  put  on  a  lerel  as  an  orator 
{patromus)  with  L.  Crassus,  who  of  all  the 
•  Icquent  men  of  Borne  had  the  best  acquaintance 
ivith  the  law. 

How  serious  a  study  oratory  was  among  the 
biinans  is  attested  by  Cicero,  who  {Brut,  91, 
&Q.)  tells  us  by  what  painful  labour  he  achieved 
eicellence.  Roman  oratory  reached  its  perfeo- 
tion  in  the  century  which  preceded  the  Christian 
4Ta:  its  decline  dates  from  the  establishment  of 
the  imperial  power  under  Augustus  and  his 
successors:  for  though  there  were  many  good 
sptalcers  and  more  skUfnl  rhetoricians  nnder  the 
Empire,  the  oratory  of  the  Republic  was  ren- 
d«i«d  by  circumstances  unsuitable  for  the  senate, 
{*7T  the  popular  assemblies,  or  for  cases  of  crime 
and  high  misdemeanour.  Upon  this  subject,  see 
Sari^y,  History  of  the  tUmuxa  Law  in  the 
Middie  Ages^  \,  p.  25. 

In  the  Dialogue  (fe  Orafon&trs.  which  is  attri- 
buted (no  doubt  rightly)  to  Tacitus,  Messala, 
«Be  of   the  speakers,  attempts  (c.  28,  &c)  to 
assign  the  reasons  for  the  low  level  of  oratory 
in  the  time  of  Vespasian  (when  the  Dialogue 
was  written)  compand  with  its  condition  in  the 
age  of  Cicero  and  his  predecessors.   He  attributes 
its  decline  to  the  neglect  of  the  discipline  under 
vhich  children  were  formerly  brought  up,  and 
to  the  practice  of  resorting  to  rhetoreSf  who 
professed  to  teach  the  art  of  oratory.     This 
gires  occasion  to  speak  more  at  length  of  the 
<^rly  discipline  of  the  old  orators,  and  of  Cicero's 
course  of  study  as  described  in   the   Brutus. 
Tbe  old  orators  (c.  34)  learnt  their  art  by 
constant  attendance  on  some  eminent  orator, 
and  by   actual    experience    of   business:    the 
craters  of  Messala's  time  were  formed  in  the 
schools   of   Rhetoric,  and    their  powers  were 
developed    by    exercises  on  fictitious  matters. 
These  however,  it  is  obvious,  were  only  secon* 
<iary  causes.    The  immediate  causes  appear  to  be 
indicated  by  Matemus,  another  speaker  in  the 
IHalogue,  who  attributes  the  former  flourishing 
condition  of  eloquence  to  the  political  influence 
which  oratory  conferred  on  its  possessor  under 
the  Republic,  and  to  the  party  struggles  and 
<Ten  the  violence  that  are  incident  to  such  a 
social   condition.      The  allusion  to  the  effect 
prodnced  by  the  establishment  of  the  Empire  is 
dear  enough   in  the  following   words,   which 
refer  both  to  the  Imperial  and  the  Republican 
periods:  **Cum  mlxtas  omnibus  et  moderatore 
<mo  earentibus,  tantnm  quisque  orator  saperet, 
qoaatiun  erranti  populo  persuaderi  poterat." 

The  memorials  of  Roman  oratory  are  the 
speeches  of  Cicero :  but  they  are  only  a  small 
V^tikm  of  the  great  noass  of  oratorical  litera- 


ture. The  fragments  of  tbe  Roman  orators, 
from  Appius  Oiecus  and  M.  Porcius  Cato  in 
Q.  Aurelius  Symmachus,  have  been  collected 
by  H.  Meyer,  Ztirich,  1  vol.  8vo,  2nd  edit., 
1842,  [G.  L]    [J.  B.  M.] 

OBBUS.    [Lbowb  Juuae,  p.  45  a.] 

OBCA.    [Sn-ELLA.] 

OBGHE'SIS  i6pxv<r»y    [Saltatio.] 

OBGHESTBA.    [Theatbum.] 

OBCFNUS  LIBEBTUS.    [Manumisbio.] 

OBCl'NUS  8ENAT0B.    [Senatus.] 

OBDINA'BIUS  JUDEX.  [Judex  Peda- 
irsus.] 

OBDINA'BIUS  SEBVU8.    [Sebvus.] 

OBDO,  ^*  properly  ^  the  row,'  appears  most 
dearly  in  its  original  concrete  signification  in 
the  banks  of  oars  in  a  ship,  in  the  tiers  of  tiles 
on  a  roof,  or  in  the  benches  of  a  theatre" 
(Mommsen,  Staatsrochty  iii.  p.  459). 

In  a  military  sense  the  word  ordo  (or  its 
Greek  equivalent  rdyfui,  Polyb.  ri.  24, 5)  is  used 
of  the  manipulus  of  two  centuries  (see  liv. 
viii.  8) ;  ordinem  ducere  means  **  to  be  a  centu- 
rion," two  of  whom  held  joint  command  in  each 
maniple  (Cic.  Fhil.  i.  8,  20  ;  of.  Liv.  xlii.  34^  5), 
and  ordinariua  is  said  (Festus,  s.  v.)  to  be  equi- 
valent to  manipularis  in  the  sense  of  **a  man  in 
the  ranks."  From  this  military  usage  is  doubt- 
less derived  the  phrase  in  ordinem  oogere^  which 
must  originally  have  meant  ^  to  reduce  a  man 
to  the  ranks,"  but  which  is  generally  used  of 
one  who  treats  with  contempt  the  person  or 
office  of  a  magistrate  (Liv.  xxv.  3,  19 ;  zliii. 
16,  9).  It  is  doubtful  whether  the  word  ordo 
in  Cicero's  descriptions  of  the  Servian  Comitia 
Centuriata  (**  pecuniae  aevitates  ordines  partinnto 
equitum  peditumque,"  *Mescriptis  ordinibns 
classibus  aetatibus,"  ^omnium  aetatum  ordi- 
numque  suffragiis")  is  to  be  explained  with 
Mommsen  {StaaUr,  iii.  p.  253,  n.  1)  as  meaning 
"century,"  or  whether  it  is  to  be  taken  (as 
seems  more  probable)  merely  to  indicate  the 
two  great  categories  of  horse  and  foot. 

In  a  lesto  technical  sense  the  word  is  used  of 
any  distinct  class  of  persons,  as  by  Cicero  (Verr, 
ii.  6,  17),  ''si  cuiquam  ordini  sive  aratorum 
sive  pecuarlorum  sive  mercatorum  probatus  sit," 
especially  when,  as  in  these  cases  (t6.  55,  137), 
the  class  has  a  common  interest  and  habits  of 
common  action.  But  it'seems  to  have  been  felt 
that  it  was  an  improper  use  of  the  word,  when 
the  category  so  designated  had  nothing  else  in 
common  save  the  single  characteristic  indicated 
in  its  appellation.  Cicero,  for  instance  (in  the 
passage  last  referred  to),  seems  to  deny  that  the 
term  can  be  correctly  applied  to  the  collective 
censors  of  the  Sicilian  states,  or  again  {Phil.  vi. 
5, 14)  to  all  the  persons  who  have  ever  served  as 
military  tribunes.  It  is  possibly  on  this  ground 
that  the  word  does  not  appear  to  signify  the 
Roman  magistrates  taken  collectively,  nor  the 
various  grades  in  the  senate,— consul  ares,  prae- 
torii,  &c. ;  though,  in  a  more  general  sense, 
Livy  (xxiii.  23,  4)  can  use  it  of  the  categories  of 
persons  chosen  into  the  senate  —  ''ut  ordo 
ordini,  non  homo  homini  praelatus  videretur." 
It  seems  improbable  that  we  can  speak  of  the 
Roman  priests  collectively  as  orcfo  Mcerdotum ; 
if  these  words  had  habitually  borne  any  such 
meaning,  Festus  (s.  v.)  would  hardly  have  used 
them  in  an  entirely  different  sense  ("  the  table 
of  precedence  among  the  priests").    The   in- 


296 


OBDO 


scription  (C.  7.  X.  vi.  2010)  in  which  ordo 
saoerdottun  ocean  merely  shows  that  oertAin 
officials  of  the  imperial  hoaaehold  formed  them- 
selves into  a  religions  gnild  which  thej  thought 
fit  to  call  by  this  name.  It  is  rery  rare  again 
to  find  ordo  designating  either  of  the  great 
classes  of  *'  patrician  **  imd  '*  plebeian,"  though 
there  are  exceptions,  as  where  Capito  (in  Aol. 
Gell.  X.  20)  implies  it  of  the  patriciate,  *'  quo- 
niam  in  populo  omnis  pars  civitatis  omnesqne 
ejus  ordines  contineantur,  plebs  vero  ea  dicitor 
in  qna  gentes  cirium  patriciae  non  insont,"  or 
where  Pliny  (H,  if.  xxxiii.  §  29)  says,  '*  anuli 
plane  tertium  ordinem  mediumque  plebi  et 
patribus  inseruere." 

On  the  other  hand,  the  word  is  constantly 
applied  to  the  two  great  dominant  classes  in  the 
Roman  state,  the  iSenate  and  the  £quites,  and 
likewise  to  the  corresponding  classes  in  the 
municipia,  the  ordo  decuriontun  and  the  ordo 
Auguttaliwn.  At  Rome  the  senate  and  equites 
are  not  unfrequently  called  tUerque  ordo,  just  as 
if  no  other  portion  of  the  state  had  a  claim  to 
this  designation.  The  senate  haring  no  fixed 
meeting-place,  a  Roman  senator  did  not  refer  to 
a  speech  made  therein  as  being  delivered  ^'in 
this  house,"  but  in  hoc  ordine  (Sail.  Cat,  52, 13> 
While  the  word  ordOy  as  applied  to  the  Roman 
senate,  requires  a  qualifying  pronoun,  as  Ate  or 
noster,  or  a  qualifying  adjective,  as  ampiissimuSf 
in  the  municipia  onto  written  alone  indicates 
the  town-council,  and  is  its  dutinctive  appella- 
tion as  contrasted  with  the  senatus  of  Rome,  just 
as  the  local  decurio  is  distinguished  from  the 
Roman  "  senator  "  (Mommsen,  Staattr.  iii.  p.  842). 

It  is  more  difficult  to  decide  what,  exactly,  is 
meant  in  each  passage  by  the  equeater  ordo.  It 
is  undoubtedly  used  in  some  places  of  the 
eighteen  centuries  of  Knights,  as  by  Cicero  in 
Phd,  vi.  5,  13,  ''altera  ab  equitibus  Romanis 
equo  publico,  qui  item  adscribunt  'patrono.' 
Quem  unquam  iste  ordo  patronum  adoptavit  ?  " 
Under  the  Principate  this  is  its  common  mean- 
ing; it  is  the  only  sense  which  will  serre  in 
any  passage  where  we  find  the  ordo  taking 
action  as  a  formal  and  legally  constituted  cor- 
poration {e.g.  Tac  Ann.  ii.  83,  5).  If  Mommsen 
be  correct  in  his  supposition  that  the  right  of 
sitting  on  juries  was  confined  to  these  eqvtites 
equo  jnMico  [see  Equites],  then  the  phrase  is 
very  frequently  applied  to  them  in  republican 
times,  for  the  jury-courts  are  repeatedly  said  to 
have  been  in  the  possession  of  the  equeater  ordo. 
This  interpretation  is,  however,  more  than 
doubtful.  In  very  many  cases,  on  the  other 
hand,  ordo  is  used  of  the  equites  Jtomani  in  the 
wider  sense;  of  all,  that  is,  who  not  being 
senators  possessed  the  qualifying  property  of 
400,000  H.  S.,  and  were  therefore  eligible  for 
the  eighteen  centuries.  We  know  from  Horace 
(Ep.  i.  1,  62)  and  from  Juvenal  (iii.  159)  that 
it  was  a  pecuniary  qualification  which  gave  a 
man  the  right,  under  Roscius  Otho's  law,  to  sit 
in  the  front  rows  of  the  theatre:  but  Cicero 
says  of  Roscius  (Mur,  19,  40X  *'  equestri  ordini 
restituit  non  solum  dignitatem  sed  etiam 
▼oluptatem."  The  wider  sense  is  also  far  more 
probable  in  passages  where  Cicero  speaks  of  the 
policy  or  temper  of  the  order,  as  (Verr,  iii. 
41,  94)  **  quum  aliquid  contra  utilitatem  ejus 
ordinis  fecisset,"  and  again,  "  qui  unum  equitem 
Romanum    contumelia    dignum    putasset,    ab 


ORDO 

uiliverso  ordine  malo  dignuB  judicaretur." 
Qnintus  Cicero  (de  I'd,  cSna.  8),  speaking  of 
the  young  men  who  composed  the  equestrian 
centuries,  distinguishes  them  froni  the  ordo  in 
its  wider  sense — *'  quod  equester  ordo  tuos  est, 
sequentur  illi  auctoritatem  ordinis."  (Se« 
against  this  Mommsen,  Staatsrecht^  iiL  pp.  484 
and  497.) 

The  other  classes  to  which  the  term  is  appli- 
cable can  be  ascertained  only  by  observing  the 
practice  in  books  and  in  inscriptions.  The  ex- 
pression is  yery  frequently  used  of  the  tri^iu 
aerarU,  of  the  lAertim  (e.g.  in  Cic  Verr,  I 
47,  124,  and  repeatedly  in  Iavj)  utd  of  the 
pMicani  (e.g.  Liv.  xxv.  3,  12).  We  have  like- 
wise occasionally  mentioned  an  ordo  Iktonan 
and  an  ordo  acribarum  in  Rome  (see  ret  in 
Mommsen,  Staatar,  i,  p.  342,  n.  4),  and  in  the 
municipia  an  ordo  Seviralium  (Orelli,  Inacr, 
2229).  In  later  times  men  of  any  calling  who 
choose  to  unite  themselyes  into  a  guild  seem  to 
adopt  this  appellation.  Two  such  guilds  are 
described  (C.  /.  L.  xir.  251  and  252)  with 
different  adjectives  of  uncertain  meaning  ((a&«- 
lariorum  and  j^eromarionmi),  but  both  as  *^  ordo 
corporatorum  lenunculariorum  auxiliahmn 
(lighter-men)  Ostiensinm."  In  C.  1,  L.  xir. 
2408  we  have  an  ordo  adSwtortun  at  Boviilsc, 
referring  apparently  to  the  adtedi  aoaenaej  who 
seem  to  have  been  **  licensed  "  or  "  certificated  " 
actors.  An  ordo  haru^ncum  u  mentioned  in 
C.  L  L,  vi.  216  L  and  2162:  from  the  first  of 
these  we  should  infer  that  the  order  was  not 
strictly  localised;  for  while  the  donees  appear 
to  be  at  Rome  (where  the  tablet  was  found)^  the 
donor  is  not  only  haruapex  AugustortiM  and 
magiater  publicua  haruapicunif  but  likewise  Pod- 
tifex  and  Dictator  of  Alba. 

It  remains  to  notice  some  peculiar  uses  of  the 
words  extra  ordinem.  **  Praeturae  extra  or- 
dinem "  are  said  by  Tacitus  (Ann,  ii.  32, 1)  to 
have  been  granted  to  certain  informers.  This 
may  mean  that  extra  praetorships  were  specially 
invented  to  suit  them,  or  more  probably  (as 
Nipperdy  supposes)  that  these  persons  were 
allowed  to  anticipate  their  regular  turn  for 
holding  that  office.  In  the  Lex  de  Imperio 
Vespasiani  we  find  that  the  recommendation  of 
candidates  by  the  emperor  is  made  effective,  by 
the  privilege  granted  them  that  *<  eorum  extra 
ordinem  ratio  habeatur ;  **  that  is  to  say,  they 
are  not  to  take  their  chance  among  the  geoeral 
list  of  candidates,  but  to  have  their  esse  con- 
sidered specially  and  first  of  all  [see  Nokinatio]. 
In  criminal  procedure,  a  trial  which  was  to  hare 
precedence  of  all  others  is  said  to  be  talcen 
extra  ordinem^  and  the  accused  in  such  a  case  is 
extntordinariua  reua  (Cic.  ad  Fam,  viii.  8,  1). 
In  civil  procedure,  judicia  ordinaria  are  those 
tried  under  the  formulary  system,  where  the 
points  at  issue  are  referred  to  a  single  joror 
subject  to  instructions  given  him  by  the  pnetor. 
When  the  praetor  himself  decides  without  this 
reference  to  a  judex,  we  hare  a  oognitio  extra 
ordinem  (Tac  Ann.  xiii.  51);  and  when  (as 
frequently  happened  under  the  principate)  such 
suits  became  too  numerous  for  the  personal 
attention  of  the  magistrate,  the  substitute  to 
whom  he  delegated  the  task  without  binding 
him  down  by  a  formula  was  called  judex  extra 
ordinem  datua,  (See  Mommsen,  Staatareckt,  ii .' 
p.  980,  n.  1.)  [J.  L  SL  D.] 


0B6AN0N 

(yBGAKOK.    [Hachika] 

O'BGIA.    [MrvrxRiA.] 

OBGYTA  (^yryvi^X  a  Greek  meatara  of 
!«Bgtk,  derive^  from  the  human  body,  was  the 
diftaaoe  from  eztiemity  to  extremity  of  the 
eitstietdiod  arms,  whence  the  name  from  hpiyu, 
(Icn.  Mem.  it  3,  19;  Pollux,  il  158.)     It  was 

=  6  wiUt  or  4  v^X*''*  ^^  ^^  its  ^^  ^^^ 
stsdiom  (Herod.  iL  149).  It  may  be  expressed 
Ktrly  enoagh  in  English  by  the  word /oMom. 
(Compare  MJSiraURA  and  the  Tables.)       fp.  S.] 

ORICHAL'CUH  (^lxa^^s>  Donngthe 
first  three  centuries  of  the  Roman  Empire,  and 
prubaUy  as  early  as  the  second  century  B.C., 
tan  word  appears  to  have  been  used  to  indicate 
bnsi — kc  an  artificial  alloy  of  copper  and  zinc 
The  chief  extant  objects  made  of  this  metallic 
cDnpoond  are  the  ie$terti%  and  dt^Kndii  (some- 
times known  by  coin-collectors  as  **  first  **  and 
"lecood"  brass  coins)  of  Augustus  and  the 
eirlier  empervrs.  Of  coins  of  this  class  Dr. 
Peity  {MetaUwrgyy  i.  521-523)  quotes  the 
fellowii^  analyses: — (i.)  Sestertius  of  Nero 
(Rome):  Copper,  81*07 ;  zinc,  17*81.  (ii.) 
Dopondiiis  of  Vespasian  (Rome):  Copper, 
81*97;  zinc,  18*88.  (liL)  Titus,  brass  coin 
(Rome):  Copper,  83*04;  zinc,  .15*84.  (ir.) 
Trsjaa  (Greek  imperial  coin  of  Garia) :  Copper, 
77*590;  zinc,  20*700.  (r.)  Hadrian,  brass 
coin:  Copper,  85*67;  zinc,  10*85.  (vi.) 
Csncalla  (Greek  Imperial,  large  size) :  Cbpper, 
74*24;  zinc,  14*42.  Most  of  the  abore  coins 
tko  contain  small  quantities  of  tin,  lead,  and 
iron.  (Cp.  Mommsen,  Jfomi.  rom,  iii.  37,  47 ; 
Lenonnant,  La  Monnaie  dan$  fJiU.  i.  p.  202 ; 
Plin.  H.  N.  xzxir.  2,  4.)  The  coins  of  the 
Roman  Repablic— other  than  those  in  gold  and 
alTcr — are,  on  the  other  hand,  not  of  brass,  but 
msinly  an  alloy  of  copper  and  tin,  ue.  bronze. 

Orichalcnm,  thongn  not  a  costly  metal,  had 
the  sppcaiancc  of  gold  (Oc  de  Off.  ilL  23,  92); 
^ee  the  mistaken    orthography  tturichalcmn 
and  the  derivation  from  auncm,  which  are  some- 
tio«s  fonnd  (cp.  Fest.  9,  4;  Isid.  zn.  20,  3). 
Oriehalcom  is  the  Greek  ipttxakitos,  apparently 
"copper  foond  in  the  mountains."    The  word 
offlxaAaof  first  occurs  |n  [Hom.]  Bytnn,  m  Ven. 
9>  where  earrings  of  it  are  mentioned.     It  is 
also  fonnd  in  Hesiod,  8e,  Here  122  («  greaves  "0 ; 
PUt.  OiUaa^  p.  114  E,  p.  116  B  (described  as  a 
BKtal  BO  longer  existent); — Ps.-Aristot.   Mir, 
«ac  58,  pw  834  B»  22 ;  49,  p.  834  A,  1 ;  62,  p. 
H35  A,  9 ;— Callim.  Lavacr.  PaO.  19  C<  mirror  'O ; 
Apoll  Shod.  971-978,  and  Schol. ;  Strsbo,  zUi. 
F  610;   Aaon.  Penjp/.  m.   Eryth.  6  (Muller, 
Geo^.  6r.  Mm.  L  p.  262);  Pans.  ii.  37,  3 ;  He- 
>jchius,PhotiQS,  Suidas,  s.  v.  ^pcfxaXaof ;  C  /.  0. 
Tol  L  p.  286;    'Aff^i^aior  (periodical),   Tii. 
(1879X  ^  87,  No.  2,  line  24  f.  (orAfryls  ^ci- 
X9>jdniy,    For  a  discussion  of  the  meaning  of 
«f«bc«A«0f  in  indiridual  passages,  the  reiuier 
But  be  referred  to  the  commentaries  and  to  the 
P«C«  of  Eoasignol  and  Blnmner.    Generally,  it 
nay  be  said   that    by  ip^lxctXKOS  the  Greek 
vriters  intended  a  bright  metal  resembling  gold 
B  appearance,  and  one   of   which  the  exact 
utme  was  uncertain   or  unknown  to  them. 
PfoUblT  in  some  instances  a  mixture  (whether 
vtifidal  or  natural  cannot  be  determined)  of 
copper  snd  zinc  (Cr.  brass)  was  indicated  by  the 

Is  the  Latin  writers,  from  Plautus  onwards. 


ORPHICA 


207 


the  word  orioK(dcum  is  frequently  fonnd  ;  gene- 
rally, it  would  seem,  with  the  meaning  of  brass. 
The  chief  passages  are  as  follows : — P&ut.  Cure. 
I  3,  46  (202) ;  Mil.  iii.  1,  69  (660) ;  Faeud.  ii. 
3,  22  (688);  Cic  de  Off.  iu.  23,  92(«Siqub 
aurum  vendens,  orichalcum  se  putet  vendere  ") ; 
Verg.  Aen.  zii.  87  (*'  Anro  squalentem  alboque 
orichalco  Circumdat  humeris  ").  Blumner  sup- 
poses this  "  white  oriohalcum  "  to  have  been  an 
alloy,  like  prince's  metal,  and  compares  the 
XoXi^f  \wKhs  of  Theoph.  JFV.  4,  71 ;  Etym.  M., 
p.  630,  51 ;  Tzetz.  ad  Hes.  Scut  122 ;  Hor. 
A.  P.  202  0' Tibia  non  ut  nunc  orichalco 
rincU");  Plin.  H.  N.  zxxrii.  §  126;  Stat. 
Thab.  X.  660  (arms  of  orichalcum);  Suet. 
Vitell,  5  (**  Proque  auro  et  areentum  stannum 
et  aurichalcum  supposuisse  "),  etc 

(For  copious  references  to  ancient  and  modem 
writers  on  the  subject,  see  Rossignol,  Lea 
M^taux  done  VAntiquUk,  Paris,  1863;  anct 
Blnmner,  Techw3iogi9f  ir.  p.  91 ;  p.  192,  note  4 ; 

and  p.  193  ff.)  [W K  W H.] 

OBIGINA'BII.    [COLOKI,  Vol.  I.  p.  472  a.7 
OBNAME'NTA  TBIVBIFHA'LIA.  [Tri. 

UMPBUS.] 

ORNATBIX.    [Coma.] 

OBNI'THON.  [Agbicultu&a,  Vol.  I.  p.  80.] 

(yBPHICA.  Whaterer  is  to  be  said  in  any 
summarr  of  the  Orphic  doctrines  must  start 
firom  Lobeck's  great  section  on  the  subject  in  his 
Aglaophamue  (233-1 104>  Like  the  Phanes  of 
the  Orphic  legend,  he  must  be  absorbed  by  any 
one  who  coming  after  him  essays,  howeyer  feebly 
and  imperfectly,  to  play  the  port  of  the  order- 
ing Zeus. 

1.  6rpA«iis.— In  early  times,  the  difference 
between  prophet  or  poet  and  priest  hardly 
existed,  so  that  it  is  not  surprising  that  the 
Thradan  Orpheus,  who  is  so  well  Iniown  as  a 
poet,  should  appear  also  as  a  priest.  An  important 
passage  of  Aristophanes  (fian.  1032)  says  that 
what  Orpheus  gare  the  Greeks  towanls  civilisa- 
tion  was  rcAcrol  ^rmr  r*  inrdxf^^M.  •  But  far 
more  in  later  times  came  to  be  attributed  to 
him;  riz.  the  inrention  of  writing,  music, 
medical  art,  oracles,  heroic  rersification,  and 
other  things  (Lobeck,  233-243).  But  it  was 
chiefly  as  the  founder  of  a  mystic  brotherhood 
that  he  was  known.  The  first  mention  of  him 
is  in  Ibycus,  530  B.C.  (Bergk,  iii.  p.  241);  but 
already  to  Pindar  {Pyth,  177)  he  was  of  older 
date  than  Homer,  and  from  the  position  assigned 
to  him  in  the  passage  of  Aristophanes  cited 
above  the  comic  poet  would  seem  to  hare  held 
the  same  opinion;  indeed  this  belief  was  so 
strong  that  Herodotus  (ii.  53)  felt  called  upon 
to  express  his  entire  dissent  from  it.  We  haye 
shown  in  £leus»ia  that,  during  the  seventh 
and  sixth  centuries  B.C.,  there  was  a  great  influx 
into  Greece  of  Thradan  and  Oriental  worships 
(cf.  Lobeck,  304  ff.),  consisting  of  purificatory 
and  mystic  rites — which  were  all  quite  foreip 
to  the  ordinary  Hellenic  ideas.  For  example,  the 
andent  Scholiasts  (see  Schol.  Venet.  on  IL  xi. 
680)  did  not  fail  to  notice  that  there  was  no 
trace  of  purification  for  murder  in  Homer.  The 
earliest  instance  of  such  is  in  the  Atihiofa  of 
Arctinus,  wherein  Ulysses  purifies  Achilles  for 
the  murder  of  Thersites  (cf.  Grote,  i.  25).  Now 
it  was  round  the  name  of  Orpheus  that  these 
Thracian  and  Oriental  ideas  clustered ;  he  was 
held  to  be  the  founder  of  the  sect,  and  as  time 


298 


OBPHIGA 


went  on  «nd  as  it  grew  in  importance,  iie  came 
to  be  considered  the  actual  author  of  the  rarioos 
works  written  by  the  members  of  the  sect, — in 
fact,  "eine  litterarische  CoUectiTperson,"  as 
Preller  puts  it ;  and  so  Aristotle  G^ic  N,  D,  i. 
38, 107)  and  a  grammarian  Dionysins  (Snid.  s.  o. 
'Op^6s)  could  boldly  declare  that  Orpheus 
never  existed  at  all ;  and  again  others  could  say 
that  there  were  two,  three,  or  even  six  Orpheuses 
(Lobeck,  351-357).  But  the  sect  continued  to 
exist,  and  did  not  fail  to  make  its  mark  in 
classical  Greek  times;  it  continued  during  the 
Alexandrine  era  on  into  Roman  times,  gradually 
gathering  round  it  all  sorts  of  accretions,  super- 
atitions  without  number,  and  erery  kind  of 
nonsense  in  its  speculations,  which  was,  however, 
allegorised  away  into  metaphysical  conceptions^ 
till  in  the  third  and  fourth  centuries  A.D.  it  was 
the  Orphic  theology  and  the  Orphic  life  that 
made  the  last  intellectual  struggle  against  the 
yictorioua  doctrines  of  Christianity.  It  was  a 
recognised  theory  that  all  the  philosophers  had 
derived  their  systems  from  the  Orphic  school, 
and  even  at  the  Renaiasanoe  there  were  the 
most  extravagant  views  held  of  this  fount  of 
original  wisdom  (Lobeck,  407-410).  Let  us  see 
then,  firstly,  what  the  Orphics  practised. 

2.  The  Orpfuo  Life.-^ThxX  this  was  the 
regular  expression  is  plain  from  Plato  {Legg*  vi. 
782  D).  It  enjoined  abstinence  from  certain 
foods, — ^meat,  fish,  beans  (Jvov  roi  KvdfAovs  re 
^oycXr  Kt^oKds  re  roic^wir,  as  the  precept  ran) 
— ^possibly  on  account  of  beans  being  used  at 
funerals,  and  on  the  same  ground  the  votaries 
appear  to  have  abstained  from  eggs  (Lobeck, 
254,  477) ;  they  used  to  wear  white  garments 
(Eur.  I^ag.  Cretens. — *'  luculenta  vitae  Orphicae 
descriptio,"  t&.  622),  but  were  not  allowed  to 
use  linen  clothes  either  during  religious  worship 
nor  as  a  winding  sheet  for  the  corpse — all  this 
on  account  of  certain  religious  reasons  set  forth 
in  the  Orphic  books  (c£  Herod,  ii.  81).  No 
bloody  sacrifices  were  allowed  (Plat.  L  c. ;  Plut. 
ConviVu  Sept  Sap.  159,  20),  for  transmigration 
of  souls  was  a  cardinal  feature  of  their  doctrine. 
They  believed  in  the  original  sin  of  man, 
sprung  as  he  was  from  the  ashes  of  the  Titans, 
and  that  the  human  soul  passed  from  one  body 
to  another — that  is,  from  one  charnel-house  to 
another  (^'A/ao,  (riy/ia) — till  the  ingrained  taint 
was  washed  out  and  the  purified  soiU  was  trans- 
lated to  the  stars.  We  can  hardly  help  feeling 
a  connexion  between  this  doctrine  and  the 
Buddhist  passage  iVom  Sansara  to  Nirvana. 
Besides,  there  was  specially  the  taint  of  guilt 
in  certain  families  (cf.  Plat.  Phaedr,  244  }t)\ 
purifications  were  absolutely  necessary  for  such 
<Diog.  Laert.  viii.  33),  and  purifications  accord- 
ing to  Orphic  rites  of  course  alone  availed. 
Here  came  the  scandal  in  the  eyes  of  the  ordinary 
Oreeks,  especially  as  a  certain  class  of  religious 
^gg^^nt  called  Orpheotelestae  or  Metragyrtae 
or  some  such  title  bespeaking  their  foreign 
ritual,  went  about  with  an  ass  carrying  their 
wcred  utensils  (tfrot  teymw  fAvmiiptaj  Aristoph. 
Hon,  159),  with  great  strings  of  books  (fii$Kanf 
6pfiaB6p)f  promising  expiations  from  crimes  both 
for  those  alive  and  for  the  dead  by  '<  certain 
sacrifices  and  pleasurable  amusements,"  and 
otherwise  trading  on  the  superstitious  feelings  of 
the  community  0*lat.  Bep.  ii.  364  B).  Paradise 
was  open  to  the  true  votary  if  he  performed  the 


OBPmCA 

true  ceremonial,  and  a  precious  paradise  It  some- 
times was — perpetual  drunkenness  (A.  363  C; 
Plat.  Comp.  dmon,  H  LvaUI.  I ;  Lobeck,  807). 
But  there  was  no  lack  of  votaries  among  the 
superstitions :  the  i^uriMalfamw  of  Theophrsstns 
(xvi.)  goes  with  wife  and  child  once  a  month  ta 
an  Orpheotelestes.  The  Phrygian  worship  of 
Sabazius,  too,  was  full  of  purifications  and 
superstitious  magic;  it  was  celebrated  with 
great  wiidness  both  of  grief  and  horror,  andtbns, 
highly  ecstatic  in  its  nature,  was  much  affected 
b^  women  and  the  lower  orders  (Aristoph. 
Zya.  388)-*in  all  which  points  it  isverysimihu' 
to  Orphic  rites  (LobedE,  695).  Priesteises 
appear  to  have  played  an  Important  pait(cf. 
Menand.  ling.  530, 21,  Kock) ;  they  were  called 
wpifuutrpUu  or  iyxfnpiarpltu  (SchoL  Aristoph. 
Vetp.  289).  A  priestess  called  Ninus  was  pat 
to  death  for  magic  (Schol.  on  Dem.  FoU.  Leg, 
431,  §  281) ;  and  Aeschines's  mother,  Glanoothea, 
ofliciated  at  moat  vulgar  Sabazian  oeremoniei, 
according  to  Demosthenes  (de  Corom,  313,  §  259; 
Lobeck,  646  ff.,  662  ff.).  Then,  too,  there  were 
the  Corybantes,  who  were  suppoeed  to  csuw 
madness  (Eur.  Bipp.  142)^  which  was  cured  hj 
exorcisings  and  purificationa  aooording  to  the 
rites  of  these  divinities  (SchoL  on  Aristoph. 
Vnp.  119),  rites  which  consisted  of  elabonte 
ceremonies,  with  ecstatic  dances  and  dashiag 
of  cymbals  round  the  patient,  who  sat  enthroned 
(9pora»tfif,  $poifurfi6s)  in  the  midst  of  thoM 
oflidating  (Plat.  JSuthyd.  277  E ;  Legg.  viL  790, 
791 ;  Lobeck,  116,  640  ff.).  The  anxious  cere- 
monial of  the  g^uine  Orphics,  their  abstincoces 
and  fastings,  their  scrupulousness  about  clothes 
and  so  forth,  made  them  appear  all  of  a  piecf 
with  these  pettifogging  impostors,  and  so  atterW 
contemptible  in  the  eyes  of  the  strong-minded 
Athenian  man  of  the  world  (cf.  the  speech  o( 
Theseus  in  Eur.  Hipp.  952).  This  geaoine 
Orphic  life,  however,  which  was  prsctbed  by 
an  ascetic  religious  brotherhood,  must  not  1« 
charged  with  all  the  excesses  of  tiie  inpcston 
who  traded  on  its  name,  nor  with  the  calumiues 
which  the  ordinary  pleasure-loving  Greek  wss 
only  too  ready  to  fling  against  it.  It  does  not 
appear  to  have  made  any  mark  that  we  can 
appreciate  till  the  Pythagorean  brotherhood 
broke  up  in  Italy.  This  was  an  ascetic  relipons 
society,  very  similar  in  some  points  to  the 
Orphics ;  and  accordingly  the  scattered  Pjrths- 
goreans  joined  naturally  to  the  OrphiOf  sad 
introduceid  into  their  doctrines  the  more  highlr- 
developed  speculative  principles  which  their 
master  had  taught  them :  and  we  take  it  thst 
it  was  this  influx  of  Pythagorean  memben  that 
gave  the  most  important  impetus  to  the  de- 
velopment of  Orphic  doctrine  and  iDcressed 
prominence  to  the  Orphic  life.  To  the  Orphic 
speculations  we  now  turn. 

3.  The  Orphic  Authors  generaUy.'-Won  the 
Pythagorean  league  was  broken  up,  during  that 
period  at  Athens  after  the  muider  of  Crion 
when  the  Athenian  people  were  a  pn.^  ^° 
religious  terrors  and  recourse  had  to  be  Uken 
to  various  foreign  methods  of  porification.  ^ 
was  only  natural  that  the  Orphic  religion  ahoald 
appear.  Onomacritus,  who  lived  at  the  court 
of  Pisistratus,  was  a  xpif^fioX^yor  and  ZtaSn^f 
(arranger  and  editor)  of  the  Oiades  of  Mossetis 
(Herod,  vii.  6).  He  performed  the  laoie  office 
for  the  works  attributed  to  Orpheus  (Tstiso* 


OBPHICA 

ait.  Gratoot^  xlL  275,  p.  885  liigne;  Clem. 
iicx.  Sirom,  L  332,  Pott),  but  at  the  same  time 
X  forced  sereial  works  and  attribated  them  to 
tiM  Dames  of  Orpheus  and  Mnsaens,  which  must 
'ur%  bees  Teneiable  at  the  time  (Herod.  /.  c. ; 
Pht  Pyti.  Jieap.  25 ;  Pans.  i.  22,  7 ;  Suidas, 
t,  r.  'Op^^y  So  Aristotle  always  speaks  of 
ri  taJiavfutwa  'Op^iws  ln|,  rk  *Op^tff&  Ka\o6- 
foa  Inp,  and  such  like  (Lobeck,  339).  A 
cdttoted  passage  in  Pansanias  (yiii.  37,  5) 
abows  that  we  are  to  attribute  to  Onomacritns 
the  iatrodoction  of  the  Zagrens  legend  (see 
beiov,  {  6)l  Pherecydes  of  Athens  (Snid.  a.  «.) 
is  also  ccedited  with  the  same  functions  as 
Osomacritnsu  Then,  after  the  Pythagorean 
isdumee  became  predominant,  we  hare  writings 
from  men  called  Cercops,  Brontinus,  Zopyms, 
Pemus^  from  a  woman  Arignote,  and  many 
other  Pythagoreans.  The  Orphic  poems  gained 
coosidenble  popularity  and  were  recited  by  the 
rkspiodists  at  the  public  games  (Plat.  lony 
536  BX  bat  it  was  specially  by  the  priestly 
^ily  of  the  Lycomidae  that  the  Orphic  ritual 
wst  aaed  (Pkna.  ijl  27, 2;  30, 5);  they  introduced 
Oiphic  speeulatioBS  and  rites  into  the  £leusinian 
vonhip  [Eleubikia].  The  Peripatetic  Eudemns 
did  good  serrioe  in  collecting  and  editing  an 
Orphje  theogonyy  and  we  hear  of  one  Epigenes 
•ccupying  himself  with  the  grammar  and 
ditid&m  of  the  Orphic  poems  (Lobeck,  340). 
For  the  long  aaocession  of  writers  who  busied 
tbemselTcs  with  Orphic  treatises,  it  will  be 
wfident  to  refer  to  Lobeck,  841-347,  and  to 
piixit  out  the  goodly  collection  of  them  there 
VM  in  Kao^Platonic  times.  Then  we  find 
Cksiax,  Syrianns,  and  Hierocles  occupied  chiefly 
in  **«TT^^yaiiPBg  Orpheus,  Pythagoras,  and  Plato^ 
•ad  one  Aiclepiadee  actually  writing  a  Harmony 
«f  All  the  Tlieologies  (rdr  BwKoytw  iamrmw 
rV  ni»i^mrtaw)f  though  this  was  mere  child's 
fkj  oompned  with  later  Byzantine  efforts 
(Lfiiwck,  346).  But  we  most  come  to  the  actual 
vzitaags  attribated  to  Orpheus. 

4.  The  Orphic  LOerahtre  tpedaUy, — Preller 
(in  Paaly,  ir.  999)  divides  the  Orphic  litentnre 
into  (1)  Theologi<ml,  (2)  Liturgical,  (3)  Theur- 
pal-^vk  excellent  dirision,  which  introduces 
order  into  the  chaos  of  the  catalogues  given  by 
ClMBcnt  (Strom.  L  397)  and  Suidas  (s.  v.  'Op- 
^tk).  This  classification  we  shall  follow,  giving 
«p  say  pretence,  except  in  a  very  few  cases,  of 
•ttfoptiag  to  discover  who  were  the  actual 
setiion  of  the  separate  works. 

i.  Tlmlogioai.^iV)  Tkeogonia  or    Tkeoiogia 

(lee  §  5>    (2)  Kpcrr^pt s  (there  were  two  works, 

a  greater  Crater  and  a  less) — a  title  taken  from 

tW  two  mixings  in  Plato  wherein  the  Deity 

nostnieted  the  universal  soul  and  the  individual 

Mils,  aeeording  to  Lobeck,  p.  736,  though  his 

Maofts  are  not  very  plain.    The  fragments  of 

tht  work  only  speak  of  the  Unity  of  the  Gods 

(&.  731,  735)1    (3)  ^trued,  attributed  to  both 

BvoQtinos  and  Chiomacritns,  treats  of  how  the 

iidivtdual  soal  is  breathed  into  or  inhaled  by 

tk  body,  after  having  been  carried  thereto  by 

t^  winds  (cf.  r^  ^^v)^r  itc  rov  ZKov  clo'i^rcu 

ifnwtiiFnmf  ^po§Urnr  M  r&r  iufiftmv,  Aristot. 

^  AsmL  L  5,  X3).    The  guardians  of  the  winds, 

^  the  winds  themselves,  are  called  Tritopatores, 

vluUever  be  the  true  interpretation  of  that 

void,  perhaps   that    they  are    our  ancestors 

itfkm  vdrepes,  proaia  in  the  general  sense  of 


OBPHICA 


299 


'*  ancestors  **) :  for  further,  see  Lobeck,  753-773» 
especially  763.    Here,  too,  may  have  come  in 
the  wide-spread  theory  of  the  transmigration  of 
souls,  of  the  circle  of  births  which  it  should  be 
our  aim  to  get  free  irom :  k^Kov  r*  ad  Aij^ai 
icol  &ycnnrtv0'cu  KOK^rffros  (t6.  800).    (4)  'Upoi 
A^i — besides  the  Theogony,  which  is  often  so 
styled  (i&.  508),  there  were  certain  treatises  under 
tlds  name  on  the   mystic  import  of  numbers 
in  Pythagorean  style.    Pythagoras  wrote  Upol 
\6yot  in  prose  on  this  su^ect,  but  he  acknow- 
ledges his  obligations  to  Orpheus  (t^.  717,  725, 
726).     (5)  Tpueffibs  may  bo  mentioned  here, 
a  work  on  the  number  Three,  in  prose,  and 
therefore  not  written  by  an  Orphic,  but  by  Ion 
the  tragedian,  or  perhaps  Epigenes  (t&.   388). 
(6)  Kord^oo'ir  sis  Al5ov — concerning  the  descent 
of  Orpheus  to  Hades  to  recover  Earydice,  ascribed 
to  Prodicus.    It  seems  to  be  older  than  Plat. 
Symp.  179  D;  Eurip.  Med,  557.     The  detailed 
description  of   Hades  attributed    to    Orpheus 
doubtless  came  in  here  (Diod.  i.  96 ;  Lobeck, 
811,  812).    (7)  Ata»riKai  (ct  Justin,  Cohort  15) 
was  the  testament  of  Orpheus  to  Musaeus.    It 
is  a  sort  of  palinode  in  that  he  reduces  the  360 
gods  he  had  formerly  allowed  back  to  one  god 
(Lobeck,  364).    See  an  extensive  fragment  on 
this  subject  in  Hermann's  Orphioa^  p.  447,  and 
much  the  same  poem,  only  lengthened,  on  p.450ff. 
It  was  written  by  Alexandrine  Jews,  as  the  plain 
allusions  to  Abraham  and  Moses  show.    On  the 
monotheism  of  the  mysteries,  see,  besides  Lobeck, 
460-5,  some  remarks  in  Mtsteria.    (8)  A(«c- 
rwnf  appears  to  have  had  reference  to  the  forma- 
tion of  the  human  frame,  which  is  compared  to 
the  weaving  of  a  net  (Aristot.  de  Oenerat.  Anim, 
iL   1  =  734  a.   20,  Lobeck,  381).    (9)  Krlerts 
K^tTfUfv :  geographical.    (10)  n^Aor ,  attributed 
to  Zopyrus  or  Brontinus  (Suid.  «.  o.  'Op^c^i), 
seems  to  have  been  a  treatise  on  cosmogony, 
werAas  being  the  heavens  (cf.   Psalm  civ.  2, 
"  who  stretchest  out  the  heavens  like  a  curtain ;" 
also  Pherecydes,  Zar  woUn  ^apos  iiiya  re  icol 
Kohhr  KoX  4¥  abr^  rou({AAci  yaw  re  ital  "QyfiPow 
KoX  'dy^pov  96fuera).    (11)  wtpH  er€urfu»,  also 
attributed  to  Hermes  Trismegutus;  but  as  a 
portion  of  a  verse  is  preserved,  it  is  best  to  give 
it  to  an  Orphic  source,  as  Hermes  wrote  In 
prose.     (12)   *Apyora»TUcit  (still  extant)  was 
written  in  late  Christian  times,  and  was  an 
effort  to  dress  up  Greek  mythology  on  Orphic 
principles.    (13)  TtKrrai,  compost  by  Onoma* 
critos  (Suidas,  s.  v,  *Op^6s).    Of  its  contents 
we  know  nothing  for  certain.      Schuster  (pe 
veUris  Orphioae  Theog<miae  indole  atque  origine^ 
p.  54)  thinks  that  it  was  probably  in  this  work 
that  Onomacritus  published  the  Zagreus  legend, 
ii.  Liturgical. — (1)  "Xiufoi  to  ^e  gods  (cf. 
Pans.  ix.  27,  2 ;  30,  5).     They  were  ^wrucoX 
(^firotj  ris  ^  rod  'Air^AAwyer  ^ais,  rls  if  rov 
£kths  irapaTi64ftitrotf  as  Menander,  de  Enccm.  ii. 
30,  says ;  and  he  justly  considers  them  liable  to 
parody  (cf.  Lobeck,  390,  745  f.),  and  they  were 
parodied  by  the  New  Comedy.    In  one  of  them 
the  Sun  is  said  to  be  father  of  everything 
(Macrob.  Sat.  i.  23,  22).     They  were  composed 
by  one  man,  in  late  Christian  times,  who  had 
some  knowledge  of  the  old  poets  and  of  mystic 
theology.    The  Neo-Platonists  do  not  use  them, 
thoush  they  might  have,  to  support  their  9eo- 
jcpmrla  and  extensive  allegorising.  These  hymns 
are  first  mentioned  in  the  12th  cent  ▲.D.     The 


300 


OBPHIGA 


elaborate  proof  of  thei e  condnsiooi  hj  Lobeck 
is  one  of  the  finest  arguments  in  the  Aglaophamus 
(389-410).  (2)  Bpotfurful  forrp^ntal  0aKxucd 
— ^prayers  and  hjmns  song  at  the  9p6ptt<ns  of 
votaries  in  the  worship  of  Cybele  and  Bacchns : 
similar  to  those  nsed  in  the  worship  of  the 
Corybantes,  |  2.  (3)  "Optcou  A  few  lines  of 
this  poem  referring  to  the  Moeaic  cosmogony 
are  found  in  Justin,  but  they  are  also  attributed 
to  Hermes  Trismegistus  (Lobeck,  737,  738). 
(4)  "Xmrfipia  —  prayers  and  thanksgivings  for 
safety,  attributed  to  authors  called  Timocles  or 
Perginus  (i&.  383).  (5)  'Omt/uurrucd,  lists  of 
names  of  the  gods,  sometimes  with  interpreta- 
tion, possibly  like  the  lists  in  the  Kpar^ip  (ib. 
731),  or  the  various  names  of  one  and  the  same 
god,  as  in  Ov.  Met.  iv.  11  ff.  (6)  Nfforevrriic^ 
forms  of  service  for  the  dedication  of  temples 
(ib.  375).  (7)  9tniwo\M6y,  This  was  perhaps 
one  of  the  kind  of  books  the  Orphic  impostors 
used  to  carry  about  (|  2). 

ill  Theurgioal,    (1)  "Eftya  irol  iffUpau    These 
were  really  separate  works  at  first.    That  called 
Kpya  is  also  called  vtpl  ytttpySat^  and  Lobeck 
(414-5)  quotes  some  verses  from  it.    This  poem 
has  been  supposed  by  Tyrwbitt  to  have  been  the 
same  as  the  vcpl  lurrafix^  of  Mazimus,  the 
preceptor  of  Julian,  but  the  £u!t  is  Maiimua 
plagiarised    from    it    (ib.    418-424).      To    it 
was  added  an  astrological  poem  called  Ai»8f- 
Kacn|p£8ff.     The  ^fi4pai  is  also  called  i^fu^ 
piS9Sy  a  kind  of  superstitious  astrological  diary 
(cf.  Juv.  vi.  569 ;  Plin.  JET.  N.  zxiz.  §  9),  treating 
of  what  days  were  lucky  and  what  unlucky, 
concerning  which  Lobeck  collects  a  vast  mass  of 
learning  (428-434),  and  also  of  the  days  on 
which  it  was  considered  that  the  gods  were 
born.      (2)  vtpl  ^urmwj  ^orordr,  ^ap/tdgui^'^ 
concerning    the    healing  properties  of  certain 
plants,  animals  and  drugs,  which  degenerated  into 
absurd  magic    We  also  hear  of  books  written 
by  Orpheus  called  vcpl  iir^ticmp  koI  /urxucwy, 
and  such  like — Orpheus  the  poet  and  minstrel, 
who  stayed  rivers  by  his  song,  and  with  his  lute 
made  trees  and  the  mountain  tops  that  freeze 
bow  themselves  when  he  did  sing,  being  trana- 
formed  into  Orpheus  the  magician  (ib.  751-2). 
(3)  Aitfucd,  on  the  magical  properties  of  stones. 
This  poem  is  still  extant  (Hermann's  Orphiooy 
pp.  359-442).    It  was  not  known  to  Proculns. 
Suidas  (s.  o.  *Op^^s)  says  that  a  poem  on  this 
subject,  called  'OY^jroyrdXitfof,  was  composed 
by  Onomacritus,  and  included  in  his  TcArrof, 
and  this  u  probable  enough,  as  the  virtue  of 
rings  is  a  very  old  superstition  (cf.  the  story  of 
Gyges  in  Plato;    yet  see  Lobeck,  377>     (4) 
*\9poirrQKumich  and    Kara^oHrriial,  concerning 
the  dress  and  especially  the  girdles  of  the  ini- 
tiates and  of  the  statues.     Purple  bands  round 
the  waist  were  essential  in  the  Cabirian  worship 
[Cadibia].    Some  verses  are  quoted  in  Macrob. 
Bat.  i.  18,  22,  describing  the  dress  as  having  sun 
and  stars  represented  on  it,  very  much  like  the 
dress  we  should  associate  with  a  magician.   Also 
some  verses  in  Eusebins  and  Nicephorus  (Lobeck, 
728  fil),  concerning  the  special  symbols  or  in- 
signia to  be  ppt  on  statues ;  e.g.  lizards  round 
the  statue  of  Hecate,  just  as  the  bow  was  the 
symbol  of  Apollo,  and  the  winged  sandals  of 
Hermes.    Such  a  statue  was  said  to  be  ov/u^o- 
Xucms  l9pvfi4wMf.    For  superstition  in  this  direc- 
tion, see  Lobeck  /.  c     (5)  'Afuwritowia  (or  Aye-  I 


OBPHIGA 

fu^Koiwia),  itovKtnrmi^  and  AsBwroA  treated,  u 
their  namee  indicate,  of  various  kinds  of  divi- 
nation  (ib,  410). 

5.  The  Orphic  Theogtmy. -—T^kt  multifarious 
theogonles  which  existed  among  the  Greeks  are 
very  confusing,  and  their  history  has  yet  to  be 
written,  especially  in  the  light  of  an  exteDsire 
knowledge  of  Oriental  litcratare.  The  philo- 
sophical value  of  these  theogonies  is  that  they, 
at  any  rate,  asked  the  queation  of  oosmogoay. 
The  not  very  definite  evidences  of  an  actual 
work,  called  Bceyoyla,  attributed  to  Orpheus,  is 
given  by  Lobeck  (367,  368>  Under  what  are 
called  the  Orphic  Theogonies,  we  hare  four, 
which  must  be  mentioned  separately. 

(1)  That  systematised   under  the   name  of 
Eudemus,  the  pupil  of  Aristotle.    It  began  with 
Night    (kfb    M  T^tf    NiMrrW    #woii^gwTo  t^v 
ifXh^f    Mys    Damascins,    ap.    Lobeck,   488). 
Further  than  this  we  cannot  go  with  certainty. 
We  can  neither  with  Zeller  (Die  PhOomphie  der 
GHechen,  L  99,  Eng.  trans.)  infer  from  Plato 
(TTia.  40  D)  that,  according  to  Eudemus,  *"  be- 
side Night  are  placed  Earth  and  Skv,  both  of 
which  apparently  proceeded  from  Night,  as  with 
Hesiod  the  Earth  came  forth  from  Chaos ;  Night 
being  here  substituted  for  Chaoa.     The  childicB 
of  Uranus  and  Gaea  are  Oceanua  and  Tethp"— 
this  would  be  to  beg  the  question  that  Plato 
used  the  Eudemian  theogony.    Nor  suppose  with 
Schuster  (op.  dt.  p.  16  ff.)  that  the  system  of 
Eudemus  which  posits  <me  first  principle  (d. 
Aristot.  Met.  zii.  6,  o/  999kSyot  ol  4k  nwrir 
Teyrfirrcf)  is  identical  with  that  referred  to  by 
Lydns  (de  Mens.  ii.  7)  which  posiu  three—^t. 
Night,  Earth,  Sky;  however  great  may  be  the 
resemblance  (cf.   Lobeck,  494).     This  is  well 
shown  by  Otto  Kern,  De  Orphei  J^rimeitidis,  Fhe- 
recydis  theogoniis  qiuieationes  critioaef  pp.  5^ 
55> 

(2)  That  given  by  Apollonins  Rhodius  (Arfion. 
i.  494  ff.),  where  Orpheus  is  introduced  as  sing- 
ing how   Earth,  Sky,  and  Sea  were  all  com- 
mingled together  in  the  beginnings  but  after- 
wards separated    *<by    nason    of  destractive 
Strife  ••  (ptimos  4^  i\oo7o);  how  sun,  moon,  and 
stars  got  their  fized  courses  in  heaven;  bow> 
mountains    arose    and    sounding    rivers   with 
their  nymphs,  and    how    all   creeping  things 
were  produced.     And  in   those  primeval  days 
did  Ophion  and  Eurynome  rule  in  heaves,  till 
they  were  cast  into  the  ocean  by  Kronos  sad 
Rhea,  who  ruled  for  a  time  over  the  happy  godi 
the  Titans  (fuucdp^cet  ^foTf  Trni^ir),  while  Zens 
was  still  a  child  and  did  not  wield  the  thunder- 
bolt.   The  first  part  of  this  cosmogony  is  no- 
questionably    derived    from    Empedodes:   the 
Sphairos  being  divided  by  Neikos  is  a  cardinsl 
point  of  his  doctrine.    But  to  whom  the  storf 
about  the  rule  of  Ophion  and  Eurynome  is  due 
is  not  yet  decided.  PnWer  (Amgewahite  Anftatxf, 
ed.  KShler,  p.  358)  says  Pherecydes,  but  this  is 
most  probably  not  the  case :  see  Kern  (cp.  cit 
pp.  57-61,  and  chap.  3  on  Pherecydes).    Prellcr 
(/.  &)  quotes  a  number  of  passages  wboe  sUosion 

is  made  to  this  dynasty  (Lyoophr.  AUz.  11^^ 
and  Tzetzes  <»d  loc;  SchoL  on  Aristoph.  i^« 
247,  on  Aesch.  Prom,  VincL  955 ;  Lndan,  TVti- 
ffopod.  99  ff.).  In  Claud.  SapL  Promp.  in-  ^ 
Ophion  is  a  KianU 

(3)  4  Kari  rhp  'lepcSrvfier  ^po/ihm  ««1  'EXAs* 
yucoK,  cifirep  fiii  koI  6  oirr6s  Meriw  (Dsmsse.  ap. 


OBPHICA 

Lobeck,  4M).  Zeller  (pp.  di,  p.  103)  shows  that 
tbii  Hiero&ymos  was  probably  the  Egyptian 
vho  vu  author  of  a  Phoenician  Antiquities 
(^X^'^'^^  foiruMac4)i  and  mentioned  by  Jose- 
pboi  {AmL  L  3,  6,  9>  not  the  Peripatetic  philo- 
isplicr ;  and  this  is  rendered  almost  certain  from 
the  (set  that  in  much  (e,g,  the  notion  of  water 
ind  primitive  slime  at  the  beginning)  this  theo- 
patf  agrees  with  the  Phoenician  cosmogonies 
(Schuster,  op,  cit,  90-98).  He  it  was  who  pro- 
kiUy  attributed  to  Hellanicus  a  work  of  his  own 
eaUed  tJefvrrtmKii  (Epictet.  Diu.  ii.  19,  14>— 
kt  there  ware  many  books  on  foreign  nations 
vbicfa  were  falsely  ascribed  to  Hellanicus — and 
both  is  the  Siyvrruutk  and  in  the  Phoenician 
intiqoities  he  nuiy  have  expressed  the  same 
Tiew  of  the  Orphic  theogony.  This  riew  posits 
vater  and  primitive  slime,  from  which  came 
Euth  by  solidification.  From  these  two.  Earth 
lad  Water,  comes  a  dragon  with  the  heads  of  a 
boll  lad  a  lion,  and  between  the  two  the  visage 
of  A  god,  and  he  had  upon  his  shoulders  wings, 
ud  his  name  was  Never-Aging  Time  (Xp^yof 
rfitft»t\  and  the  same  was  Uerades.  And  with 
him  did  consort  Necessity,  and  she  was  none 
other  than  the  inoorporttsl  Adrastea,  who  is 
tpresd  abrosd  throughout  all  space  and  reacheth 
to  the  ends  of  the  world,  and  she  is  both  male 
ud  female.  Then  did  Time  generate  a  gigantic 
^^,  and  filled  by  the  might  of  its  generator 
it  burst  ia  twain,  and  its  top  was  Heaven  and  its 
bottom  Earth  (Lobeck,  487).  Again,  there  is 
nention  of  another  god,  though  it  is  not  plain 
vhether  he  belongs  to  this  theogony  or  not  (t6. 
436),  and  he  was  incorporeal,  yet  he  had  golden 
viiij^  on  his  ahonldem,  and  to  his  flanks  were 
tnited  heads  of  bolls,  and  on  his  head  was  a 
■iifhty  dragon,  like  unto  the  manifold  forms  of 
^ts,  snd  his  name  was  Protogonos  or  Zeus  or 
Put  for  he  arranged  the  whole  world.  Not 
Terr  difierent  to  this  is— 

(4)  The  thec^ony  called  that  of  the  Rhapto- 

iiits,  which  was  the  one  ordinarily  in  vogue, 

ud  which  was  regarded  by  both  Christians  and 

Keo-Platonists  as  the  genuine  Orphic  theogony. 

Tftii  is  important  when  we  remember  that  they 

^ooiidered  Orpheus  aa  the  real   author  of  all 

the  Greek  mjthologies  and  disregarded  Hesiod 

O^^k,  466).    Orpheus  was  supposed  to  have 

^'^'Bcd  it  from  the  Sun.      According   to  it, 

Chnmat  is   the  first  of  all,  and  he  produces 

Aether  and  Chaoa,  by  the  agency  of  which  two 

he  produces  further  a  silver  eg^y  from  which 

hants  a  god  called  Phanes  or  Metis  or  Erica- 

pvot,  also  called   Protogonos  and  the  coamo- 

SoQie  Eros.    This  god  contains  the  germs  of 

(▼errthiag,  so  is  male  and  female,  has  the  heads 

«f  DUDcrmis  animals,  and  so  forth.    The  upper 

^  of  the  egg  becomes  Heaven  and  the  lower 

^'th.    Phases  then  proceeds  to  create  the  Sun 

«i  the  natural  world,  and  afterwards  the  Moon 

*>^  its  mountains  and  cities  and  palaces  (Lobeck, 

^^>    From  himself  Phanes  produces  Night, 

^  afterwards  a  horrid  monster  called  Echidna : 

^  %ht  Phanes  begets  Uranus  and  Gaea. 

^wa  follow  the  generations  of  these  two,  pretty 

^k  the  snme  as  in  Hesiod,--the  Parcae,  Cen- 

^^Cydopci,  TiUna,  till  Cronus  dethrones 

f^^nani  sad  later  Zeus  dethrones  Cronus.    Then 

||ii  that  Zens  devours  Phanes,  and  so  becomes 

™t  <n«  of  all  things,  but  only  that  he  mav 

^'^  Aore  nproduce  them  in  accordance  with 


OKPHICA 


301 


the  dictates  of  Justice  (aIkti).  Then  follow 
accounts  of  a  few  of  the  other  gods — Apollo, 
Athena,  Aphrodite,  and  others,  though  often 
with  considerable  blending  of  the  gods  together, 
— e.g.  Demeter  and  Rhea ;  Persephone,  Artemis, 
and  Hecate.  But  the  chief  story  in  this  part  of 
the  theogonv  is  that  of  Zagreus,  which  we 
reserve  for  the  next  section. 

It  would  be  trifling  to  inquire  whence  came 
the  very  obvious  idea  of  the  world-egg,  whether 
it  was  derived  from  the  Semites,  whether  it  was 
an  old  Aryan  idea  or  was  arrived  at  indepen- 
dently by  the  Greeks  (Lobeck,  476).  As  to  the 
derivation  of  the  name  Ericapaeus,  ^tio^  etymo' 
iogici  tot  sententiae.  Delitzsch  says  it  is  a  Se- 
mitic name,  ^n'A  Anpen  (P^K   T*?^)>  "  ^<>°5~ 

visaged,"  the  first  of  the  ten  Sephiroth ;  so  too 
Schelling,  that  he  is  £rek  Appayim  (D^BK   r(yf\ 

"long-suffering."  Zoega,  from  Egyptian  roots 
eri  and  keb,  and  that  it  means  ^  the  multiplier ; " 
for  Malela  interprets  him  as  (o0o96T7ip.  Gdtt- 
liog  thinks  of  Utp  and  irdwr,  the  breath  of 
vernal  winds ;  Yisconti,  of  ipt  and  icdwrciy,  the 
fierce  devourer  (though  it  is  he  who  is  devoured) ; 
while  Kern  (p.  22)  with  great  complacency 
assures  us  that  he  was  so  called  because  he  was 
devoured  in  the  morning,  just  as  Eos  is  odled 
^ory^eio,  because  she  is  early  bom.  Here  again, 
though  for  other  reasons,  we  think  quaerere 
ludicrum  e$ae.  Phanes  appears  to  have  been 
interpreted  by  the  Platonists  as  the  Sun  of  the 
intelligible  world,  creator  of  the  Sun  of  the 
natural  world,  and  so  the  name  of  Dionysus  is 
given  to  both  (Lobeck,  499).  We  pass  on  to 
Ni^t,  who  is  the  Orphic  Night,  a  venerable 
goddess,  the  nurse  of  Cronus,  a  prophetess,  the 
avenger  of  the  crimes  committed  by  Cronus, 
the  guide  of  Zeus  in  the  ordering  of  the  world, 
she  who  prompts  him  to  devour  Phanes,  &c. — 
quite  different  from  the  mere  personification  of 
the  time  of  darkness  in  Hesiod.  This  is  well 
developed  by  Kern,  pp.  17-19,  as  also  his  proof 
(29-31),  quite  certain,  that  Echidna  was  not,  as 
Lobeck  supposed  (493),  another  name  of  the 
Orphic  Night,  who  was  not  a  monstrous  divinity 
at  all,  and  had  no  likeness  to  a  serpent.  The 
swallowing  of  Phanes  is  the  great  feature  of  the 
Orphic  theogony:  it  leads  to  the  numerous 
pantheistic  hymns  in  the  Orphic  collection  (cf. 
Lobeck,  519  fll). 

The  lateness  of  the  theogony  *' according  to 
Hieronymus  "  is  proved  by  Zeller  (pp.  cit  p.  101) 
with  cogent  arguments.  It  must  be  later  than 
the  syncretism  of  the  Stoics.  The  symbolism  so 
highly  developed,  the  abstract  ideas  (Time,  Ne- 
cessity), the  distinction  of  corporeal  and  incor- 
poreal, the  spreading  of  Adrastea  through  the 
world,  like  that  of  the  Platonic  world-soul,  the 
pantheistic  conception  of  Zeus — all  point  to  a  late 
origin:  and  Kern  urges  that  it  is  much  later 
than  the  theogony  of  the  Rhapsodists  and  was 
borrowed  from  them.  The  latter  is  compara- 
tively plain  and  simple,  the  former  a  medley  of 
philosophical  and  theological  ideas,  collected 
from  all  sides  and  run  pell-mell  together.  Why 
has  Chronus-Heracles  his  multiform  attributes  ? 
— ^he  doesbut  produce  an  egg  (27) :  if  Earth  is 
solidified  from  mud,  why  is  tho  egg  introduced 
at  all  (28),  and  why  is  a  regress  made  from 
Earth  to  C^aos  (32)  ?  and  why  is  Adrastea,  who 
does  nothing,  given  as  a  consort  to  Chronus? 


302 


OBPHIGA 


The  simpler  legend^  Kern  says  (28),  is  obrionslT 
the  more  andent.  But  we  camiot  follow  Lobeck 
(611)  and  Kern  (35  if.)  in  supposing  that  the 
theogony  of  the  Rhapsodlsts  was  known  to 
Plato,  and  is  to  be  referred  to  the  age  of  Onoma- 
critns.  2^11er's  argoments  (op.  dt  105-108)  to 
prove  that  this  theogony  is  later  than  the  syn- 
cretists  appear  to  us  to  hare  great  weight.  He 
urges  against  Lobeck :  (a)  That  the  first  definite 
eridence  of  this  theogony  appears  in  the  Pseudo- 
Aristotelian  treatise  Dtf  Mundo^  c  7 ;  Plato, 
Legg.  It.  715  E,  proves  nothing  [see  Mtbtebia}. 
(6)  Plato  in  8ymp.  178  B  does  not  mention  Eros- 
Phanes  of  Orpheus  as  proof  of  the  antiquity  of 
Eros,  (c)  The  Aristotelian  evidence,  Met,  ziv.  4 
(Oi  8^  iroi^al  ol  ipxouot  rts^ry  Sfulms  f  fieuri' 
Xc^ty  Kol  fyx**'^  ^aurhf  ob  robs  irp^ovs  tJoy 
y^rra  acol  obptufhv  ^  vdos  f^  inuaifhy  &AAik  rhr 
Aia),  only  points  to  Eudemus's  theogony.  (d) 
ApoUonins  would  have  hardly  made  Orpheus 
sing  what  was  quite  different  to  the  ordinary 
received  theogony.  (e)  The  peculiar  Pantheism 
points  to  a  late  origin :  that  Zeus  is  the  ultimate 
origin  and  support  of  all  things  is  quite  dif- 
ferent from  supposing  him  the  complex  of  all 
things.  (/)  The  story  of  Phanes  is  an  attempt 
to  reconcile  the  idea  of  Zeus  as  the  com- 
plex of  all  things  with  the  mythological  idea 
that  he  is  the  founder  of  the  last  generation 
of  gods,  (g)  The  Hesiodic  myth  of  Zeus  swal- 
lowing Metis  is  used  in  such  a  way  that  Metis 
is  combined  with  the  Helios-Dionysus  of  the 
earlier  Orphic  theology,  with  the  creative  Erot 
of  the  Cosmogonies,  and  with  Oriental  divinities 
into  the  form  of  Phanes.  This  could  only  have 
happened  in  the  age  of  the  syncretists.  It  may 
be  perhaps  a  mere  imitation  of  the  theory  that 
the  Deity  from  time  to  time  took  all  things  back 
into  himself,  and  again  put  them  fortJi.  Preller 
(in  Pauly,  iv.  999)  sees  evidences  of  Egyptising 
Gnosticism  in  it.  Even  though  some  of  these 
arguments  may  be  overthrown--ai,  for  example, 
(c)  on  linguistic  grounds  by  Kern  (p.  56) ;  and 
though  such  lines  as  tht  well-known  ones  of 
Aeschylus  (or  EuphorionX  Zc^s  ^<rriy  <Mip, 
Ztbs  9h  yiif  Zcvs  8'  obpaM6sf  Zc^r  roi  rii  wdm-a 
X&Ti  rwV  bw4frr9pw,  have  as  pantheistic  an 
air  about  them  as  one  could  desire— still  the 
bulk  of  the  arguments  are  untouched;  and 
though  it  is  true  that  the  passages  of  Plato 
wherein  this  theogony  is  supposed  to  be  alluded 
to  (Crat.  402  B;  Tim,  40  D;  Zegg,  iv.  715; 
Phaedr.  248  C;  PML  66  C ;  Soph.  242  D)  are 
too  vague  to  guarantee  anything  more  than  the 
barest  probability,  yet  the  absence  of  all  allu- 
sion to  Chronns,  and  to  such  striking  features  as 
the  World  Egg  (though  this  may  be  alluded  to 
by  Aristoph.  Aves^  695  ff.)  and  to  Phanes,  makes 
us  pause  before  we  can  feel  quite  certain  that  Plato 
was  acquainted  with  this  elaborate  story. 

6.  The  ZagmU'legend  is  the  most  important 
feature  of  the  later  part  of  the  Orphic  theogony 
(Lobeck,  547-593).  Zeus  violates  Proserpina 
(his  own  daughter  by  Deo  or  Demeter)  under  the 
form  of  a  serpent.  She  bears  Zagreus,  "the 
great  hunter,"  a  mighty  god  with  a  bull's  head, 
destined  to  become  the  king  of  Heaven,  whom 
even  as  a  child  Zeus  seated  on  his  throne  and 
entrusted  with  his  thunderbolts.  He  appointed 
Apollo  and  the  Curetes  to  guard  the  chiM.  But 
Hera  in  jealousy  urged  the  Titans  against  the 
god ;  who|  after  beguiling  him  with  a  mirror 


OBPHIGA 

and  other  toys,  slew  him,  though  he  resisted 
violently,  cut  him  in  pieces,  boiled  him,  and 
finally  ate  him.  His  heart  alone  they  left  in- 
tact ;  it  was  taken  up  and  preserved  by  Pallas, 
Hecate  brings  news  of  the  murder  to  Zeus,  who 
strikes  down  the  Titans  with  his  thunderbolt, 
and  gives  the  heart  to  Apollo  to  bury  at  Delphi 
(cf.  Aesch.  iftim.  24).  It  was  buried  under  the 
tripod  (or,  according  to  other  accounts,  under 
the  omphalos),  and  from  it  rose  again  IHodjsus 
in  all  his  glory.  There  were  probably  mystic 
rites  to  Semele  and  Dionysus  at  Delphi  (Lobeck, 
619-20),  but  they  are  not  reconied  in  soy 
Orphic  book.  Other  accounts  tell  that  Zeus 
swallowed  the  heart  dissolved  in  a  drink,  or 
gave  the  drink  to  Semele,  who  thereby  oonceiTing 
bore  the  Theban  Dionysus.  From  the  blood  of 
the  Titans  who  ate  Zagreus  sprang  men,  who 
are  as  such  mainly  foes  to  the  gods,  bat  hsre 
also  something  Dionysiac  and  god-like  in  their 
nature,  even  as  had  the  Titans  (Dio  Chrys.  xxi. 
550  R.).  For  further,  see  Lobeck,  567-8,  iboagh 
he  thinks  (580)  that  this  may  have  been  merely 
a  poetical  representation  of  an  assumed  reU- 
tionship  between  men  and  gods. 

This  legend,  oertainlv  known  to  Callimachos 
(Etym.  M.  s.  v.  Zayptis),  is  attributed  by  Pso- 
sanias  (viii.  37,  5)  to  Onomacritns.  Nor  is  there 
any  reason  to  question  this  statement    Well 
acquainted  as  be  was  with  the  Pythagorean  phi- 
losophy, it  was  Onomacritus  who  did  much  to 
give  expression  and  a  kind  of  rational  order  to 
the  wild  and  coarse  fancies  and  practices  which 
had  been  invading  Greece  for  the  previous  cen- 
tury.   For  it  is  plain  that  this  legend  of  the 
passion  {vaB^/utra)  of  the  god  came  from  the 
East.    There  is  a  certain  similarity  between  it 
and  that  of  Soma  in  the  Rig  Veda  (Maury,  M- 
giona  de  la  Greoe  antique^  iii.  325X  that  of  Osiris 
in  Egypt,  of  Atys  in  Phrygia,  and  of  Adonis  or 
Thammux  in  Phoenicia.  Now  by  the  tine  of  the 
syncretists,  from  about  the  3rd  century  B.a,  all 
these  Eastern  religions  had  got  blended  together 
in  the  Greek  mind.    Clement  (op.  Lobeck,  588) 
says  that  these  Orphic  rites  of  Ziagreus  came  from 
Phrygia,  and  Lobeck  seems  to  agree  (cf.  665, 
''Itaque  omnia  eodem  nos  deducunt  vestigia 
sacra  Orphica  a  Phrygiis  nihil  di  versa  foisse  "> 
Diodoms  says  expressly  (v.  75)  that  the  Cretans 
were  the  first  who  gave  Dionysus  as  son  to 
Proserpina,  though  indeed  Cretan  and  Phrygian 
forms  of  worship  were  so  confused  in  his  miod 
that  he  actually  says  (iv.4)the  Cretan  Dionyras 
was  called  Sabazius  (Maury,  op.  cU,  328).    Vet 
confirmatory  evidence  of  its  Cretan  origin  can 
be  seen  by  the  Chorus  in  the  Cretant  of  Euri- 
pides (cf.  §  2).     Lobeck  (624)  is  perhaps  too 
cautious  in  thinking  that  ^is  is  no  eridence :  a 
poet  would  naturaUy  choose  the  chief  votaries 
of  a  dirinity  as  the  characters  into  whose  month 
to  put  an  account  of  that  dirinity's  ritual,  ^'ow 
the    Cretan    religion    was    mainly   Phoenician 
(Movers,  Die  Ph5niter,  I  27-32),  and  it  is  from 
them  that  we  may  principally  derive  the  story 
of  Zagreus.    For  further  evidence  on  this  point, 
see  Fr.  Lenormant  in  the  GazetU  Archdologiqft^ 
for  1879,  pp.  22,  23,  34.     But  the  ritea  of 
Zagreus  became  blended  with  ecstatic  ^^P^ 
Dionvsus,  introduced  from  Thrace^  where  the 
worship  of  Dionysus  was  indigenous  (Herod,  t. 
7,  vii.  Ill ;  Grote,  i.  23  ff.),  and  from  whence  the 
Dionysic  worship  originally  came  into  Greece. 


OBPHICA 

In  this  I«g«Qd  Zens  and  Zagreiu  are  considend 
as  Chthooian  gods,   Zagreus  being   sometimes 
itid  to  be  the  son  of  Hades,  sometimes  Hades 
himself  (Lobeck,  621).     Cicero  says  he  was  son 
of  Japiter  aod  the  Moon  (Aa^  Ikor,  iii.  23,  58) : 
cf.  Diodorns  (iiL  73),  who  says  Zeus  and  lo  were 
his  parents.    Lenormant  (op.  cit.  p.   19),  after 
lUnrr  (p.  323),  sees  in  him  a  personification  of 
the  vital  force   in    nature.      Hence    his  title 
fp»royarof  in  the  Orphic  Hymn  (xzx.  2),  his 
BUT  names,  and  many  forms  (zItL  xlrii.),  and 
that  be  unites  the  attributes  of  the  Hellenic 
Zens  and  the  Thracian  Sabazius.     But  we  must 
recollect  thai  he  ia  always  called  Dionysus,  never 
Sabazios,  in  Orphic  works  (Lobeck,  621).     As  to 
the  date  of  the  introduction  of    the  Zagreus 
kg«od  into  Greek  ritual,  Lenormant  (op.  cii.  23) 
pitctt  it  at  the  time  when  CUsthenei  substituted 
the  recitations  of  the  paasi^m   of  Dionysus  for 
that  of  Adrastus,  himself  an  heroic  personage, 
repTcsentUig  a  divine  Adrastus,  who  virtually  is 
idoitiiied  with  Adonis  (cf.  ApoU.  iiL  6, 1 ;  Hygin. 
M  69 ;  and  Maury,  iii.  327,  cf.  p.  197>    When 
the  Orphic  doctrines  insinuated  themselves  into 
the  Eleosinian  mysteries,  Zagreus  came  to  be 
identified  with  lacchns  [£lbd8inia].      A  car* 
dinal  feature  of  this  Zagreus  worsUp  was  the 
^wf«y(ai  (Eur.  Baxh.  139X  which    point  dis- 
tinctly to  savage  rites,  and  do  not    harmonise 
>t  all  with  the  purer  and  higher  drphic  life 
vhieh  abstained   from  all  live  creatures,  though 
toripides  (/.  c.)  and    Plutarch   (i%mp.  viii.  8) 
and  Porphyrins  (  K.  P.  ii.  28,  yever^fMrai  /i^ror 
fpif  h}^t[ar  &0farroi  rmv  Koixmif  t(tttf)  seem  to 
think  they  do  (Lobeck,  623).    That  the  sacrifices 
vere  originally  human  (cf.  Porphyr.  -468*.  ii.  55^ 
a&d  that  the  remembrance  thereof  was  not  en- 
tirely extinct  in  480  B.a,  is  proved  by  Themis- 
tocWs  sacrifice    of  three  Persian   prisoners  to 
lHoaj8QsOmestes'(Plat.  Them.  13), but  later  they 
vere  replaced  by  the  lower  animals.    Thus  Dio- 
ajiuwas  called   Tcnme^TOff  and  Woffx^^yos 
(Soph.  Firag.  602,  ed.  Nauck,  Schol.  ad  Aristoph. 
^357)^    Sacrifices  called  ufio^yleu  were  also 
celebrated  at  Chios,  Lesbos,  Tenedos,  and,  as  ori- 
?iialij,  at  Crete.     (Porphyr.  /.  c ;  Clem.  Alez- 
wlr.  Pnir,  ii  36,  Pott. ;  Ael.  V.  H.  iii.  42,  NaL 
^am,  xii  34;  Finnic  Matem.  p.  9.)    The  rite 
**9  rapposed  to  be  a  representation  of  2^reus 
Itimsel^  torn  in  pieces  by  the  Titans  (cf.  Schol. 
OQ  Clem.  Alex.  iv.  p.  119,  ed.  Klotz,  »M  7^f> 
^^^^  fff^  ol  fivovfitmi  AioHnry,  Sery^xa  tovto 
^*^fuw»i  ToS  ampayfiov  hff  inr4<mi  tktAvwros 
^  ^w  HaufJiSmv — ^tbe  last  words  showing  a 
*inop  ooufusion  of  Zagreus  and  Orpheus.    A 
^^se  from  Vulci  gives  scenes  from  the  Mfio^ayUu : 
ud  these  as  well  as  many  other  vase-pictttres 
^i^ving  on  the  Zagreus  legend  are  described  by 
Uormant  {op,  cit   24-37).      Plato  {Legg.  ii. 
^<2  D)  thinks  that  perhaps  the  whole  story 
9aj  have  arisen  from  the  natural  inclination 
*^the  nndeveloped  mind  to  excited  dancing,  wild 
(hooting,  and  generally  mad  behaviour,  and  as  a 
iihject  for  such  indulgences  feigned  the  passion 
•f  the  god.      This  is  a  very  prosaic   theory, 
^^  we  think  as  near  the  truth  as  the  unsatis- 
jictory  allegorising  and  symbolising  which  the 
^  Greek  authors  applied  to  the  whole  story ; 
^  (rationalists)  supposing  that  it  represented 
^  cnltivation  of  the  vine,  its  pruning^  and  the 
prosiag  of  the  grapes ;  others  (metaphysicians) 
'**hi|  therein  the  necessary  discerption  of  the 


OSCHOPHOBLAl 


303 


divine  element  when  it  enters  into  matter  (rijtr 
$€lay  i^vofuy  fupi(€tr0at  tls  rV  ^Ai}v);  while 
again  the  more  religious  section,  such  as  Plutarch, 
saw  in  it  a  symbol  and  a  testimony  of  the  re- 
birth of  the  soul  (jivOos  elr  r^if  waXryy^ytiriay) : 
cf.  Lobeck,  710-714. 

Besides  Lobeck,  the  following  are  a  few  of  the 
works  on  the  Orphic  doctrines: — ^Zoega,  U^>er 
den  uranfanglicKen  Oott  der  Orphikery  in  his 
Abhandlungenj  211-265;  K.  O.  Muller,  Prole^ 
gomena  gu  einen  toiseenechaftlichen  A/ythologie^ 
pp.  369-379  ;  Preller  in  Pauly,  s.  v.  Orpheus; 
SchSmann,  Qriechiache  AlterthUmer^  ii.  370- 
377;  Gerhard,  Ueber  Orpheus  und  die  Orphiker; 
Maury,  Les  Religions  de  la  Qrice  antique^  iii. 
300-337  ;  Zeller,  Die  PhUosophie  der  Oriecheny 
i.  83-108,  Eng.  trans. ;  P.  R.  Schuster,  Dtf  veteris 
Orphicae  Theogomae  indole  atque  origine ;  Otto 
Kern,  De  Orphei  JSpimenidis  Pherecydis  theo^ 
goniis  quaestiones  critioaey  1-61 ;  Fr.  Lenormant, 
in  the  Gazette  Archeologique^  1879,  18-37. 

[L  C.  P.] 

ORTHODO'KON.    [Mbnsuba,  p.  161.] 

OBCHOPHO'BLA  (6ffx*>^^*^o^^^^P^f^)* 
an  Attic  festival,  which  as  a  vintage  festival 
paid  honour  to  Dionysus  and  Athena,  the  givers 
of  wine  and  oil,  and  at  the  same  time  honoured 
the  memory  of  Theseus,  and  according  to  some 
of  Ariadne  abo  (Pint.  Thes.  23>     The  time  of 
its  celebration  was  the  7th  and  8th  of  the  Attic 
month  Pyanepsion  (Pint.  Thes,  22).    It  is  said 
to  have  been  instituted  by  Theseus.     Its  name 
is  derived  from  iffxos,  Hirx'^h  ^^  ^^^OC^*  *  branch 
of  vines  with  grapes,  for  it  was  a  vintage  festi- 
val ;   and   on   the  day  of  its  celebration   two 
youths,  called  haxo^potj  whose  parents  were 
alive,  and   who  were  elected  from  among  the 
noblest  and  wealthiest  citizens  (SchoL  ad  Kicand. 
Alexiph,  109)^  carried,  in  the  disguise  of  women, 
branches  of  vines  with  fresh  grapes  from  the 
temple  of  Dionysus  in  Athena,  to  the  ancient 
temple  of  Athena  Sciras  in  Phalerus.    These 
youths  were  followed  by  a  procession  of  persons 
who  likewise  carried  vine-branches,  and  a  chorus 
sang  hymns  called  wrxfi^opMh  iiiXti,  which  were 
accompanied  by  dances  (Athen.  ziv.  p.  681).    In 
the  sacrifice  which  was  offered  on  this  occasion, 
women  also  took   part;  they  were  called   9«i- 
%vo^poif  for  they  represented  the  mothers  of  the 
youths,  carried  the  provisions  (j^a  «ral  inria)  for 
them,  and  related  stories  to  them.    During  the 
sacrifice  the  staff  of  the  herald  was  adorned  with 
garlands,  and  when  the  libation  was  performed 
the  spectators  cried  out  ^AcAcD,  loir,  lo^  (Plut. 
Thes,  22).    The  ephebi  taken  from  all  the  tribes 
had  on  this  day  a  contest  in  racing  from  the 
city  to  the  temple  of  Athena  Sciras,  during 
which  they  also  carried  the  HirxVt  *^^  ^he  victor 
received  a  cup  filled  with  five  different  things 
(xivrdirXoos,  xtvrairXSaf  orwevrcnrA^),  viz.  wine, 
honey,  cheese,  fiour,  and  a  little  oil  (Athen.  xi. 
p.  495).   According  to  other  accounts,  the  victor 
only  drank  from  this  cup.    The  story  which  was 
symbolically  represented  in  the  rites  and  cere- 
monies of  this  festival,  and  which  was  said  to 
have  given   rise  to  it,  is  related  by  Plutarch 
{Thes.  22,  23)  and  by  Proclus  (p.  388,  ed.  Gais- 
ford).      (Compare  Bekker's  Aneodot   p.   318; 
Etymoi,  Magn.  and  Hesych.  s.  v.  '^CLtrxoi  \  Suidas, 
s.    V.    *Ciaxo^pta    and    ifaxo^6pos\     Preller, 
Orie<^  Myth.   i.  165 ;   Bdtticher,  Baumadtus, 
p.  399 ;  A.  Mommsen,  Heoriol.  p.  271.)   [L.  S.] 


8M 


OSCILLA 


OSCILLA.  VBTB  imtll  fignra  or  muki, 
npraenting  eithcT  the  whole  hamau  Sgaie  or  a 
pait  of  it,  genenll)'  ths  Tmn,  which  ii  no  doubt 
ill  origmil  meiniog,  far  wc  nuj  uaiunc  thi 
etymology  to  be  ■  diminotivo  of  o»,  "  ■  ice," 
thiongh  oaculwn,  A  ten  iccaptiblc  dariTatioD 
ia  tnggeittd  from  Otci,  an  tha  theory  that  tlio 
ctutoDi  wu  derircd  Inm  that  lutioD — &  theory 
which  hM  no  raloa  aicept  h  far  ai  it  ncordi  a 
belief,  that  the  cutom  wh  indiganoui  in  Italy. 
ThcM  figure)  or  matkt  were  hnog  np  u  offeiingi 
in  Tarioai  wayi,  and  in  conneiioD  with  Tiriooa 
rit«a.  We  may  notica  eapeciallT  (1)  the  Ggurei 
like  woollan  doll*  haag  ap  to  UBiiia  =  LaiiiDda, 
tha  Mother  of  tha  Larei  [aee  CoTtrrnLiiJ.  An 
account  of  thii  deity  ■•  giTen 'under  tha  name 
Hanla  in  the  Dictionary  of  Biograp/iy  and 
VgtAology,  but  it  mnet  be  ot«erved  that  there  it 
an  error  in  the  itatement  that  thcae  were 
Hgnm  of  Mania,  for  which  the  authority  of 
aiacrobina  (L  T)  il  cited.  Hanlaardt  ii  QD- 
doTibtsdly  right  in  layiag  that,  in  the  puiaga 
"effigiei  Maniac  anipenwe,"  Ifaniiu  ii  the 
dativt.  The  true  account  i*  that,  ai  Mania  and 
the  Lara  were  inroked  to  protect  the  hooeebold, 
imagei  of  thii  tort,  one  to  repreient  each 
mambar  of  the  family,  were  haog  np  aa 
firopitlatory  (or  expiatory)  offeringi  at  tha 
<rou  ways  and  at  tha  honie-doon  (Macrob. 
i.  T,  34).  Theae  imagea  were  alao  tfaemielTee 
■omatimaB  called  monw,  not  becania  they  were 
figursa  of  Mania,  hnt  iwvnse  they  were  uied  in 
her  wonhip.  In  tome  parti  of  Scotland  (per- 
bapa  of  England  also?)  there  i>  or  wu  not  long 
•go  a  cnitoin,  poaubly  of  limilar  origin,  of 
hanging  up  in  cottagea  wheat  and  oata  from 
tha  lait  harreat-loada,  tied  ap  with  ribboni  into 
aome  lort  of  doU^hape  and  called  *'  Maidena ; " 
it  may  perhapa  be  a  qneitian  whether  thi*  Duma 
■ignifiee  dedicated  to  the  Virgin,  or  figure!  of 
maideoa  like  ihepupat;  and  again  whether  the 
eostom  date*  aince  the  introdactioa  of  Chriati- 
auity  or  ia  an  older  pagan  aurrital.  One  fonn 
■ot  Koman  oadlla  wai  alao  called  pila,  aa  in  tha 
fn^^ent  op.  Non.  p.  538,  H,  "Sn»pendit 
Laribns  maniaa,  mollea  pita*;"  and  in  F^tue, 
"pilae  et  eSgiei  mnliebrea  ex  lana  conipitalibuj 


OSCILLA 

inapandebantur  In  oompitia,  qood  banc  diem 
featnn)  eaae  deomm  ■  inferomm,  qno*  Tooat 
Larea,  patarent,  qaibua  tot  pilia  qnot  capita 
aervorum,  tot  effigiea  qaot  esient  tibtti  pcH- 
bujtnr,  ut  Tivii  parcereat  et  aiwnt  hii  pilii 
et  limulacria  conteati."  Thia  paaiage  hai  im- 
portant healing  on  the  expiatory  aignlficancc,  of 
which  more  will  be  aaid  further  on,  and  it  alu 
auggoti  that  the  piiiv  were  not,  ai  Uaniairdl 
lya,  the  lame  a>  maiuu,  but  ware  a 


of  woollen  bundle,  perhap*  aignifyini 
being,   but   not   lo   carefniljr   ahapei 
:heaa  pilot  atnffsd  with  wool  in  the  a 


theatre  ia  well  known — in  tha  Compitalia  tbu 
the  membeia  of  the  family  are  rapnaentcd  by 
effgiti    aa    oedlU,  ttie   aUrti    by    the   mder 

(3.)  Oadlla  ware  hung  up  at  the  Feriit 
Latinae,  and  we  are  told  alao  that  ctaBatia 
(iwinglng)  waa  a  part  of  the  ceremony.  IV 
explanationa  giTen  are  rather  anapiciaas.  Id 
BcM.  Bob.  p.  85S  we  are  told  that  there  wu  • 
reminiacenoa  of  the  fact  that,  the  bodin  of 
Aeneaa  and  Latinua  being  undiiooTerable,  their 
antnuM  were  aought  in  tha  air.  Feetoi  (i.  r.) 
•ayi  that  twinging  waa  called  oidllatio  becaoH 
peraoni  who  indulged  in  "thia  aort  of  amue- 
.meat "  maaked  thenuelTaa  "  propter  *erKiui- 
diam."  We  may  lOrniiae  that  thia  wu  i 
comparatiTely  modem  addition,  and  that  tbe 
awiogJDg  of  the  old  religion  waa  not  of  tirio^ 
panont  amuiing  themMlvea,  bat  of  oialla, 
which  represented,  ai  ii  eiplained  below,  rit« 
of  expiation  and  purificalioti.  If,  howectr, 
from  the  firat  thoaa  who  partook  in  the  feillnl 
really  did  awing  thamaelTea  (aa  lome  auert  nf 
the  wholly  diatinct  Greek  ftatival  Aaou), 
we  may  aunme  that  the  aipiificaDce  wai  iliii 
that  of  purification  (at  in  Verg.  Atn.  Ti.  T40), 
and  not  that  of  a  tearch  after  the  bodiei  of 
Aeneaa  and  Latlnna. 

(3.)  The  oadlU  at  the  foattTal  of  SemenUne 
and  in  the  coantry  Paganalfa  are  perhapi  tbe 
beat  known,  from  the  famoat  linet  of  Virgil 
{Qtorg.  IL  3SS-306>  Theae  matkt  or  figoro, 
whether  in  honour  of  Bacchua,  Uber  pater,  or 
any  deity  connected  with    the  &uitt  of  the 


eognvedeop.    (BSUktar.] 


OSCILLA 


Hrth,  wn  fanDg  apoD  the  boaghi  of 
ajinri  the  ftnitfnl  vine  or  oliva,  for  Virgil 
ipdiit  (f  ■  ptD« — offcriagi  w«re  mwle  below, 
ud  MDn  were  mug,  like  thoM  of  tha  Ambar- 
niii.  Th*  whole  icene,  ■■  dcKTibed  in  Virgil, 
ippeui  Tery  well  ia  the  repreKntation  oq  thft 
uaji  mp,  G^red  iiboTB.  It  •hoold  be  oh«rTed 
ikat  Ihcngh  there  tan  ba  littt*  doubt  that  the 
iwUa  hen  aim,  ai  in  tha  fntivili  before 
mnlionHJ,  repretented  wcTiGcei,  jret  the  cui- 
tuD  bad  uiMii  of  making;  the  Duuk  >  face  of 
lilt  dtilf  hjmwlf  to  whom  it  wit  oSeied. 

(4.)  lA  the  Satamilia   preaenu  were 
li  little   pottery    tigurea   or    facea   (Hactob. 
i.  11,  1). 

Ai    regudi    the    ordinarj   material    of    the 
•Killa,  that  depended  do  doabt  on  the  wealth 
of  the  houKhald;    ucilla  la  marble  and 
fMtrj  maj   be  (ten  in   the  Britieb  Mi 


OSCILL& 


303 


the  I 


Letalloc 


■n  (th, 

ii  ancient  alio),  the  latter 
with  holei  at  tha  tides  of 
the  maik :  bat  theie  dnrable 


eat:   the  epithet  mo/fia 

Virgil  probkbtf  refers  to  t 

material.      Sarelj    wa   m, 

reject    the    Tiewi    cited    I 

Conington  ad  /oc.,  that  nuVj 

J^^?«       =™&(«,orth»t  it  i,"t 

mUiliMneinm.      **""  "^  **•*  beautifnl,  mi 

eipresiioD:"  the  eipreni< 

of  amj  of  the  oadlU  in  mutnina  i*  ceith 

one  nor  tha  otber.     Ladewig'tanggeitiDn  that 

doiabt  the  ordiitary  maik^hapea  were  of  wax, 
bat  minj  alao  were,  ai  haa  been  aeen  from  the 
patnge  of  Featni  qnoted  abore,  lignrei  of  wool 
ibe  word  moUia  woald  eiprcu  either;  it  ii 
iikelT   thai    wood    alio  wu    >    len    commoi 

The  tme  aigniScance  ii  i  more  important 
puu,  and  there  can  be  no  doubt  that  we  hare 
ia  tbeie  oacilU  ■  relic  of  hnmin  lacritict,  either 
tipiatorj  or  propitiatory,  or  both  togetbei 
Tii-j  ia  itated  diitinctlj  bj  Uicrobini  (/.  c' 
iho  nj,  that  in  tha  time  of  Tirquiniu 
>o^rbiu  (the  date  ii  immaterial)  bumiii  lacri 
atn  were  offered  to  the  Larea  and  Uania,  "  ut 
pro  ca|Hlibu  capiti' 


iidUt 


I  MiDiofl 


pnen 

Itae,  matri   Lamm;      ant. . j, 

thit  in  lat«r  timei  the  imagea  hong  np  at  each 
dwr  iuffie»d  initead  "parieulum  eipiare:"and 
ibt  worda  of  Fntna,  quoted  aboTe,  ahow  eren 
B»[e  clcarl;  the  appeuiDg  of  i  dreaded  power 
kr  a  nmoUted  atoning  merilice.  The  ume 
MitKlitntiou  for  hnman  lacrifiee  appean  in 
Uw  ruh  image)  of  the  Argei  thrown  from  tha 
thdie  [Aboei  ;  PoiIe]^  and  in  the  cottomi  and 
^ndiliou  coSMcted  with  tha  somewhat  limilar 
'inek  Aeon  [AeDu;^  where  no  donbt  the  imagee 
■nag  Tvpnaentad  atoning  hnman  ueriGca  of 
■vtier  time*.  (It  maj  be  donbted,  aa  in  the 
Fcne  Latioae,  whether  there  wu  reilly  ori- 
faalij  nj  "  iwinging  "  at  th«e  ritti  eicept  of 
tbttt  imgea.) 

A*  Dioamu  woi  in  the  older  timei  propitiated 
br  tbc  lenl  beditt  ncrificed,  life  oOered  for  life, 
M  Ik  wn  aftarwordi  b;  the  unreal,  and  thii  ia 
ytanlj  th*  Tkw  of  HacToblni  in  the  limilar 
nu  a. 


rite,  "nt  fanitis  lacrificiii  inlaivta  mntirent 
inlitrentei  Diti,  non  hominnm  capita,  led  oscilla 
ad  hnmantm  eSgiem  arte  limnliti." 

We  haTe  then  the  propitiation  bj  hnman 
aicrifice,  once  real  and  allerwirda  limulated,  at 
feitii-ali  of  Japiter  and  of  gods  connected  with 
death,  Saturn □■  (to  whom  human  lacrifice 
eapecialtj  belonged,  LocUnt.  Iml.  i.  SI,  6)  and 
the  Larea.  Farther,  in  the  lupplication  of 
country  or  ftnit^iTing  deitiai,  we  hire  a  com- 
blnatioQ  of  MTenl  lapentitioui :  we  hare  tha 
actual  tree  worahip  (on  which  aee  BBtlicher, 
Baumaultiu,  pouim)  and  the  wonhip  of  th* 
deitiei  who  presided  over  trees  and  crope  in 
general,  and  could  give  or  withhold  the  fruits; 
and  there  it  moreorer  a  double  tymboliim  in 
the  twinging  imagei,  not  only  the  lywiolical 
tacrificat  for  the  rtal  sicrilices,  mentioned  before 
(with  which  we  may  luppote  the  tree-dirinitiea 
aa  well  u  the  personal  deities  to  hare  once 
been  propitiated),  but  also  a  symbolical  purifica- 
tion by  air,  which  Is  the  doctrine  of  Verg,  Aen. 
vi.  640,  "aliae  panduntur  jnanet  tuspeniae 
■d  Tentos : "  on  which  StTTius  inya  that  there 
are  three  modes  of  pnriScation,  "either  bj  iir* 
or  water,  or  by  air,  which  was  the  mode  in  the 
sacred  rites  of  Liber;"  that  is,  by  the  oscilU. 
[See  also  LueraiTlO.]  Hence  the  twinging 
images  were  a  Inttration  of  the  crops,  at  well 
M  1  propitiation  of  the  Power*,  who  conld  gire 
fruitfulneit,  by  an  eipiatory  oflering.  If  tha 
actual  twinging  of  thoaa  who  partook  in  the 
feitiral  wts  originally  part  of  the  FeriiB 
I^tinae  and  the  Aeora,  then  there  wai  alto  ia 
them  a  sjmbol  of  purification  by  air ;  and,  at 
leait  iu  the  latter  case,  there  wsi  (at  BOtticher 
remark*,  dting  Serr,  ad  Verg.  Aen.  xiL  603)  a 
pamttatio. 

Whether  the  Italian  rite  wai  indigeiioat  or 
borrowed  from  Oreece,  must  b«  regarded  at 
DDcertain.  Frobni  (act  Vei^.  Oeorg.  T.  c)  layi 
that  it  came  from  Attioi;  kt  tha  aame  time 
there  is  so  much  snggeation  of  antiquity  in  tha 
expiatory  sacrifice  to  the  Larei,  that  one  is 
inclined  to  regard  both  thii  and  the  oSeriagi  to 
treea  and  godt  of  the  country  as  older  than  the 
introduction  of  the  Greek  ritei,  and  to  think 
that  the  ilmilirity  with  the  Aeora  it  accidental. 
The  hanging  up  of  propitiatory  ofieringt  or 
thank^Seringi  in  the  form  of  woien  limb*, 
figures,  &C.,  it  common  enough  in  many  religioni 
and  many  countries  to  allow  such  a  coincidence. 
The  chain  of  conneiion  afterward!  with  Liber, 
Bacchus,  and  the  Aeoni  ii 
be  recollected 
that  the  otrilla, 
which  we  haTC 
surriring,  repre> 

Baccbut,       bat 

deities.  It  should 
be  lUted  also 
that  in  the  os- 
cilla of  collactioni 
there  may  be 
some     conifaiion 

between   tha  oa-   OU*frtne  with  otdllt.  fli 
cilia  properly  so        pe*™-    (Ft™  an  eagraTed 
call«/ind  repre-  «^-' 

•tntaUoni  of  maiks  hung  np  by  playen  in  tt 
fettiT*),   not   a*   *   lymboLieil   ncrifiee,    bi 


306 


0SGIKE8 


merely  as  a  dedicatory  offering  along  with  other 
articles  usedysach  as  a  thyrsus  or  «yrinz:  we 
find  also  many  discs  with  figares  in  relief;  but 
though  BOtticher  treats  these  also  as  oscilla, 
it  must  be  a  question  whether  they  are  not 
merely  offerings  placed  on  the  walls  of  shrines. 
The  theory  that  the  name  o9cilla  could  be  applied 
to  the  heads  of  the  sacrificed  animals,  hung  up 
on  the  trees,  is  also  put  forward,  but  is  hardly 
consbtent  with  the  precise  definitions  of  the 
word  which  we  have :  we  see  them  so  hung  in 
ancient  works  of  art,  and  they  may  hare  been 
compared  to  oscilla  (as  in  a  passage  cited  by 
Bdtticher),  but  the  true  oscilla  were  probably 
always  manufactured. 

In  the  illustrations  given  (1)  is  from  an  onyx- 
cup  in  the  Paris  collection;  (2)  is  a  marble 
oscillum  of  Bacchus  in  the  British  Museum 
(described  in  Quide  to  Greek  and  Bonum  Sculp" 
iwref  1873,  Part  ii.  131);  (3)  is  from  a  gem 
(Maffei,  Oem,  Ant.  iii.  64).  (Marqu^t, 
Staatsveno.  iii.*  192,  200 ;  Preller,  Mm.  Myth. 
105,  &c ;  Btttticher,  Bawnadiut  der  HeUenen, 
pp.  80-91 ;  Hermann,  Qr,  Alt,  §  27.)  [6.  £.  M.] 

O'SOINES.    rAuGUR.] 

OSTIA'BIXTM^  one  form  of  Trifmtum  Capitis 
[see  Vbctioalia].  A  tax  imposed  in  Cilicia, 
Syria,  and  perhaps  some  other  provinces,  upon 
doorways,  whose  number  was  probably  regarded 
as  a  sign  of  the  value  of  the  property.  (Com- 
pare the  Englbh  window-tax.)  Nothhig  is 
known  of  the  amount.  The  word  ostiarium  is 
found  in  Osesar,  B.  C,  3,  32.  Oic  Fam,  iiL  8,  5, 
speaks  of  exacUo  ostiomm.  [F.  T.  R.] 

OSTIA'BIUS.    [Doifus.] 

O'STIUM.    [Jahua.] 

OSTBAGINDA  {^ffroaidvBa),  a  game  which 
Greek  boys  played  as  follows  : — ^Two  sets  stand 
opposite,  divided  by  a  line  drawn  on  the  ground : 
a  boy  throws  up  a  shell  or  a  dish,  white  on  one 
side  and  coloured  black  with  pitch  on  the  other, 
and  each  set  of  bo^s  has  one  or  other  of  these 
colours  allotted  to  them.  As  he  throws  the 
shell,  he  calls  ph^  i/i^pa :  and  if  the  white  (i.e. 
day)  side  falls  uppermost,  the  set  which  repre- 
sents the  day  pnrsnes,  and  the  other  set  runs 
away ;  if  the  "  night  **  side  falls  uppermost,  the 
fugitives  and  pursuers  are  reversed.  As  soon 
as  any  boy  is  caught  he  is  called  Ibws,  and  is 
out  of  the  game  (lb«ff  Kd^ox,  Plat.  Thnet. 
p.  146  A :  see  also  Basilinda).  It  is  not  pre- 
oiselv  stated  whether  the  game  went  on  until 
all  the  fugitives  were  caught,  nor  whether  there 
was  a  point  of  safety  to  be  reckoned,  but  it  is 
very  likely  that  the  game  was  played  with 
varying  rules  at  different  times  and  places.  It 
is  not  probable  that  then  was  the  slightest 
political  symbolism  in  the  game,  as  Becq  de 
Fonquiires  somewhat  too  fancifully  suggests. 
The  connexion  of  i<rrpaKip9a  and  htrrpoKifffisy  as 
in  Aristoph.  Eq,  855,  is  merely  verbal  punning. 

The  expression  hffrpdKw  vtpurrpo^  seems  to 
have  become  proverbial  for  a  turn  of  fortune : 
see  especially  Plat.  Sep.  vii.  p.  521  C;  where 
there  is  also  an  allegory  formed  from  the  idea  of 
y^  ilfAipeu  The  game  itself  supplies  an  allegory 
in  Plat.  Phaedr,  p.  241  B.  Our  authorities  for 
ioTpaxiif^a  are  Pollux,  ix.  Ill ;  Eustath.  ad  II. 
xvUi.  548 ;  Plato,  Com.  in  Meineke,  iV.  Oom.  ii. 
2,  664 :  see  also  Becq  de  Fouqni^res,  Jma  d$i 
AndmSf  p.  79 ;  Graaberger,  inti§hmg^  p.  57 ; 
Becker-GdU,  CharikUi,  iL  87.  [G.  B.  M.] 


OVATIO 

OSTBACISMUS.    [ExsnjXTx.] 
O'STRACON  iparpaicov).    [Fictile.] 
OYA'TIO,  a    lesser    triumph;    the   terms 
applied  by  the  Greek  writers  on  Roman  history 
are  wc^i  BpiofifioSf  tiwrHis  or  cfo  Bpiaitfim. 
It  was  distinguished  from  Tbiumphus  in  the 
following  particulars: — ^The    general   did  not 
enter  the  city  in  a  chariot  drawn  by  four  honci, 
but  on  foot ;  he  was  not  arrayed  in  the  gorgeous 
gold  embroidered  robe,  but  in  the  dmple  toga 
praetexta    of   a  magistrate;    his  brows  were 
encircled  with  a  wreath  not  of  laurel  bat  of 
myrtle;  he  bore  no  sceptre  in  his  hand;  the 
procession  was  not  heralded  by  trumpets,  headed 
by   the  senate   and   thronged   with  vietorioiu 
troops,  but  was  enlivened  by  a  crowd  of  flute- 
players,  attended  chiefly  by  knights  and  ple- 
beians, frequently  without  soldiers;  the  cere- 
monies were  concluded  by  the  sacrifice  not  of  a 
bull   but  of  a  sheep.    (Plut.  Marcell.  c.  21; 
Dionys.  v.  47  ;  Gell.  v.  6 ;  Liv.  iii.  10,  xxvi.  21.) 
We  must,  however,  reject,  alike  on  the  grounds 
of  form  and  probability,  the  theory  of  Plntarch 
(and  of  some  modem  writers)  that  the  word 
oeatio  is  derived  from  this  sacrifice  of  an  oris. 
It  cannot  be  said  that  the  etymology  is  certain, 
but  the  most  probable  is  that  (which  Fick  holds) 
from  a  root  ao,    which  appears  in  aSm^  *'to 
shout,"  &c. ;  hence  the  views  of  Festus  that  it 
came  from  saying  repeatedly  0 1  in  gladness,  and 
of  Dionysius  that  it  came  from  eiSbi,  have  at 
least  an  element  of  truth.     At  least  we  mav 
surmise  that  the  word  ovo  meant  *'  to  rejoice  *' 
before  it  was  connected  with   sacrifice  at  all. 
Dionvsios    is    mistaken  in  assigning  a  iaurel 
chaplet  to  the  conqueror  on   these   occasioos, 
since  all  the  Roman  writers  agree  with  Plntarch 
in  representing  that  the  myrtle  crown,  hence 
called  otfcUis  oorona^  was  a  characteristic  of  the 
ovation.    (Festus,  s.  v.   Ovalis  Corona;  Pliny, 
H.  N.  XV.  §  125 ;  Pint. ;  Geil.  U.  co.)     Compare 

COBONA. 

In  later  times,  the  victor  entered  upon  horse- 
back (Serv.  m  Yerg.  Ask.  iv.  543X  and  the 
ovations  celebrated  by  Octmvianus,  Druses, 
Tiberius,  &c,  are  usually  recorded  by  Dio 
Cassius  by  a  reference  to  this  drcumstaoce 
(Dio  Cass,  xl  viii.  31 ;  xlix.  15 ;  liv.  8, 33 ;  Iv.  2). 

Strictly  speaking,  neither  a  triumph  nor  sn 
ovation  was  granted  except  to  the  victor  in  a 
heUvm  justmn:  that  is  to  say,  it  could  not  be 
claimed  upon  the  defeat  of  revolted  dtixens  or 
slaves  in  a  bellwn  civile.  (Val.  Max.  it.  8,  7, 
"neqne  aut  ovana,  aut  cnrru;"  Dio  Cass.  xlii. 
18,  43 ;  Tac  ffist.  iv.  4.)  This  explains  Lncan, 
i.  12,  *<  Bella  geri  placuit  nullos  babitaia 
triumphos.'*  This  rule  held  with  regard  to 
triumphs,  but  was  relaxed  for  ovations  horn  an 
early  time,  so  that  Gellios  does  not  mention  this 
as  precluding  an  ovation  (v.  6).  Thus,  for 
instance,  M'.  Aquillius  had  an  ovation,  wit  s 
triumph,  after  the  Servile  war  B.a  100  (Cic.  de 
Orat.  ii.  47,  195);  see  also  the  instance  of 
Craisus  below,  and  Octavian's  two  ovations  for 
the  civil  wars.  Suet  Aug.  22.  (Cf.  Jfommses, 
Staattr^  L*  133.) 

An  ovation  was  granted  when  the  adrantage 
gained,  although  considerable,  was  not  sufficient 
to  constitute  a  legitimate  daim  to  the  higher 
distinction  of  a  triumph,  or  when  the  rictory 
had  been  achieved  with  little  bloodshed,  ss  in 
the    case   of  Postnmins  Tubertosy  who  first 


OVILE 

rtcdrad  this  honour  (Plin.  E.  N.  xv.  §  125) ;  or 
when  hostilities  had  not  been  regularly  pro- 
claimed (Festos,  Gell.  II.  cc.) ;  or  when  the  war 
had  not  been  completelj  terminated,  which  was 
(ne  of  the  ostensible  reaaona  for  refusing  a 
triumph  to  Marcellns  on  his  return  from  Sicily 
(Plat.  Lc;  Liv.  zxvi.  21);  or  when  the  contest 
kid  been  carried  on  against  base  and  unworthy 
fixs:  snd  hence  when  the  serrile  bands  of 
AtheDioD  and  Spartacui  were  destroyed  by  Per- 
}*UA  and  Crassusy  these  leaders  cele{>rated 
mtioDs  only  (Florus,  iii.  19 ;  Plin.  /.  c. ;  Gell. 
I  e.\  although  the  latter  by  a  special  resolution 
<f  the  senate  was  permitted  to  wear  a  laurel 
crown.  [W.  R.]    [G.  E.  M.] 

OYTLE.    [CJoMraA,  Vol.  L,  p.  508  a.] 
OU'SIAS  DIKE.    [Enoikiou  Dike.] 
OXT'BAPHUM.      [Acetabulum;    Ctm- 

IkWJL] 


PAEDAGOGUS 


807 


P. 

PA'CnO,  PACTUM.  [OBuaATiONEs.] 
PAEAN,  strictly  a  hymn  relating  to  relief 
from  plagues  and  sickness,  but  extended  also  so 
aa  to  refer  to  safety  from  danger  of  any  kind. 
Xo  doubt  it  was  originally  connected  with  the 
SBcknt  god  of  healing ;  in  epic  poetry  Ilcu^y, 
bat  transferred  to  Apollo,  who,  as  the  god  of 
light,  among  other  attributes,  took  to  Mmself 
the  espedal  function  of  healing — it  would  be 
oat  cf  pUce  here  to  discuss  that  point  further : 
Rference  may  be  made  to  the  Dukionary  of  My" 
t\dogy;  PreUer^s  Qriech.  Myth.  i.  212;  A. 
llomrosen,  DdphtcOy  &c.  In  fact  it  follows  the 
atended  meaning  of  the  personified  Paean; 
ccder  which  name  we  find  ApoUo  (Aesch.  Ag. 
U-J;  Soph.  0.  T.  154);  The  Sun  (Orph.  viii. 
1-);  Dionysfas,  and  even  Death  as  the  deliverer 
frm  paio  and  disease  (Eur.  Hipp.  1373).  It 
then  became  associated  with  victory,  tra- 
^uccally  because  it  was  the  song  of  triumph 
f  >r  the  victory  of  Apollo  over  the  Python, 
vbich  after  all  came  to  the  same  thing,  if  the 
^Hon  symbolised  deadly  maladies :  and  hence, 
^]j,  was  sung  before  or  after  victories  in 
^erttral.  With  this  agrees  the  statement  of 
iV<]ns  dted  by  Phot.  p.  321, 11,  tlios  t^iiis  cti 
^^ntu  WW  ypa^fitPOP  9eo^f,  rh  9i  waXet^p 
^taif  ianwifiMTO  r^  'Atr^AA«ri  Koi  r$  *Afn4fuSi 
^J'i  Jcaromri^i  \MfutP  icol  vicwv  iZ6fi§ros.  It 
nonld  be  noticed  that  the  paean  is  a  hymn 
(1)  of  supplication  or  propitiation  during  the 
paia  or  duiger ;  (2)  a  thanksgiving  after  it  is 
put  .Of  the  first  kind  is  the  hymn  in  II.  i. 
->'2,  Soph.  0.  T.  5,  and  also  the  paean  before 
t£«  battle  (Thuc  L  50,  iv.  96,  &c.) :  of  the 
*«^ed,  the  hymn  after  victory  or  deliverance 
(/^.ixiL  391).  Though,  however,  it  might  be 
'^ntially  a  prayer,  yet  words  and  tune  ex- 
KetMd,  as  Muller  says,  courage  and  confidence, 
*^'a  if  the  cnrc  or  the  victory  was  still  in  an- 
ttdpation.  ''AU  sounds  of  woe  (o^Atva)  cease 
*2«ii  le  Paean  is  heard"  (Callim.  Apoli.  20). 
it  vas  sung  by  several  persons,  one  of  whom 
P  'Ubly  led  (^l^pxO  ^«  others,  and  the 
*  liters  either  sat  at  table  (Plat.  Symp.  p.  176 ; 
^^n.  Symp,  iL  1 ;  Pint.  Conv,  5),  or  marched 
•avaidi  la  a  body,  as   the  Cretans,  after  a 


happy  voyage,  at  Delphi  (Hom.  Jlymn,  ApolL 
514).  Hence  the  term  among  the  Spartans  voi^ 
ififiariipMs,  of  the  paean  sung  by  those  march- 
ing to  battle  (Plut.  Lye,  22).  It  was  sung  at 
festivals  of  ApoUo,  especially  at  the  Hyacinthia 
(ell  rk  'ToKiydia  M  rhw  xcuwa,  Xen.  Bell.  iv. 
5,  §  11 ;  Ages.  ii.  17),  and  was  also  sung  from 
very  early  times  in  the  temples  of  the  god 
(Hom.  Hymn,  ad  Apoll.  514 ;  Eurip.  lonj  125, 
&c.). 

In  later  times,  paeans  were  sung  in  honour 
of  mortals.  Thus  Aratus  sang  paeans  to  the 
honour  of  the  Macedonian  Antigonus  (Plat. 
Cleom.  16) ;  a  paean  composed  by  Alexinus  was 
sung  at  Delphi  in  honour  of  the  Macedonian 
Craterus;  and  the  Rhodians  celebrated  Ptole- 
maeus  I.,  king  of  Egypt,  in  the  same  manner 
(Athen.  xv.  p.  696,  e,  f).  The  Chalcidians,  in 
Plutarch's  time,  still  continued  to  celebrate  in 
a  paean  the  praises  of  their  benefactor,  Titus 
Flaminius  (Plut.  Flam.  16). 

The  practice  of  singing  the  paean  at  banquets, 
and  especially  at  the  end  of  the  feast,  when  li- 
bations were  poured  out  to  the  gods,  was  very 
ancient.  It  is  mentioned  by  Alcman,  who  lived 
in  the  7th  century  B.C.  (Strabo,  x.  p.  482). 
(Muller,  Hist,  of  Greek  Literature^  p.  27  ;  Bode, 
Qesch.  der  lyriseh.  Dichtkunst  der  Hellen.  vol.  i. 
pp.  9ff.)  [L.S.]    [G.  E.M.] 

PAEDAGO'GIA.    [Paedagoqus.] 

PAEDAGO'GUS  (TaiSayaryifs),  a  slave,  to 
whose  care  in  an  Athenian  family  the  sons  of 
the  house  were  committed  when  they  reached 
the  age  of  six.  His  duty  was  rather  to  guard 
them  from  evil,  both  physical  and  moral,  than 
to  instruct  them,  though  it  is  probable  that 
before  they  went  to  school  he  gave  some  home 
instruction,  as  did  the  paedagogi  at  Rome :  this 
is  indicated  by  Plutarch,  when  he  calls  Phoenix 
the  paedagogus  of  Achilles  {de  Educat.  Puer.  7). 
His  chief  duty,  however,  was  to  accompany 
them  to  and  from  the  school,  the  gymnasium, 
and  out  of  doors  generally :  he  was  responsible 
for  their  safety  and  for  their  avoidance  of  bad 
company  (see  Plato,  Lysis,  p.  223 ;  Aeschin.  c. 
Timarch.  §  10).  It  is  probable  that  he  sat 
with  them  in  the  schools ;  and  though  it  is  not 
certain,  it  is  on  the  whole  most  likely  that  the 
seated  figiures  with  sticks  in  the  Duris  vase 
(shown  on  page  96)  are  paedagogi  (see  Blumner, 
Frivatl^)eny  p.  221).  Usually  they  are  repre- 
sented as  wearing  a  short-sleeved  chiton,  and  a 
small  rough  himation,  bearded,  and  holding  a 
walking-stick  with  a  crook.  (See  woodcut 
under  Fuirua,  Vol.  I.  p.  886.)  Further  accotmt 
of  their  duties  is  given  under  LuDUS  Litteba- 
Bius,  p.  95.  We  gather  from  Plutarch  (/.  c) 
that  in  most,  or  at  least  in  many,  households 
those  slaves  who  were  no  use  for  anything  else 
were  employed  as  paedagogi;  a  carelessness  of 
which  he  disapproves  as  much  as  Tacitus  does 
of  something  similar  at  Rome  {Dial.  29).  This 
was,  however,  perhaps  a  bad  fashion  of  later 
times.  We  should  gather  from  Plato's  manner 
of  speaking  about  them  that  they  were  tnxst- 
worthy ;  and  it  seems  best  to  assume  that,  in 
the  better  age  and  in  well-ordered  houses,  they 
were  trusted  servants  (cf.  Herod,  viii.  75),  who 
were  sometimes  retain«i  when  they  grew  old 
as  faithful  attendants  on  the  ladies  of  the  family. 
This  view  is  given  especially  by  Euripides,  who 
(as  Mr.  Yerrall  remarks  on  Med.  49)  assigns  a 

X  2 


308 


PAEDONOMUS 


more  conspicuous  and  honourable  part  to  slaves. 
(See  the  plays  Medea^  Phoenisaae^  Ion,  and  the 
BacchideB  of  Plant  us,  and  notice  especially  the 
expressions  in  /on,  853  ff.)  Being  slaves,  they 
were  of  course  foreigners,  Thracian  (Plato,  Alcib, 
i.  p.  122  B)  or  Asiatic,  and  therefore  speaking 
Greek  with  a  foreign  accent  {vwofiapfiapi^oyrts, 
Plato,  LysiSf  1.  c). 

At  Rome  the  custom  of  having  a  paedagogus, 
instead  of  only  a  custoSf  was  borrowed  from 
Greece  towards  the  end  of  the  Republic,  when 
it  became  common  to  teach  children  to  speak 
Greek.  For  his  duties,  see  Ludus  Lztterarius, 
p.  97  6.  An  early  instance  of  this  custom  is 
seen  in  the  Greek  Gorgias,  who  is  called  pe^i' 
sequus  puerontm  (Auct.  ad  Herenn,  iv.  52,  65). 
Anionius  has  an  attendant  called  naiZceftor/bs 
in  Dio  Cass.  zlvi.  5,  and  under  the  Empire  the 
office  was  common  in  all  houses  which  could 
afford  it.  The  care  of  the  paedagogus  lasted  till 
the  toga  virUis  was  assumed  (Stat.  SUv.  v.  2, 
68).  The  feminine  paedagoga  occurs  in  in- 
scriptions (C.  /.  L.  vi.  6631,  9758 ;  viii.  1506), 
and  was  (like  the  Greek  ancilla  of  Tac.  DiaJl,  29) 
a  teacher  of  Greek  to  the  very  young  children, 
and  perhaps  an  attendant  upon  the  daughters 
aA^rwards. 

A  different  meaning  attached  to  the  name  in 
the  further  development  of  the  slave  household 
in  imperial  times.  Young  slaves,  whether  bom 
in  the  house  or  purchased  as  boys,  were  trained 
up  under  slave  instructors.  Something  of  the 
same  sort  existed  of  course  in  earlier  times; 
e,g,  we  hear  of  the  elder  Cato  having  the  slave 
boys  taught  useful  arts  in  order  that  they 
might  be  sold  at  a  profit  (Pint.  Cat,  21) :  but 
the  term  paedagogus  as  applied  to  the  teaching 
of  slave  boys  belongs  to  a  later  time  than 
Cato's,  and  denotes  especially  the  trainer  of 
the  ornamental  attendant  boys,  cupbearers  at 
banquets,  &c.,  in  rich  houses,  under  the  Em- 
pire or  shortly  before:  the  earlier  date  may 
be  deduced  from  Cic  pro  Eo9C,  Am,  41,  120 ; 
pro  Mil,  10,  28.  Such  page  boys,  who  are 
sometimes  called  capillati  (Mart.  iii.  58,  29), 
lived  together  in  a  page's  room  or  hall  called 
paedagogium,  having  over  them  paedagogi^  9u&- 
paedagogif  and  decani  (see  Spartian.  Hadr,  2, 
and  numerous  inscriptions  cited  by  Marquardt, 
Privatl,  158):  hence  they  were  called  pueri 
paedagogiani  (Ammian.  zxvi.  6,  15  ;  zxix.  3,  3). 
The  name  of  the  place  in  which  they  were 
taught  was  transferred  to  the  boys  themselves, 
and  we  often  find  slave  boys  of  this  class  them- 
selves called  paedagogia  (Senec.  de  Vit.  beat  17 ; 
Ep,  123;  Plin.  If.  N.  xxxiii.  §40;  Dig.  33,  7, 
12),  whence  it  is  easy  to  see  the  development 
of  the  mediaeval  page  (see  Littr^  8,  v,).  (Becker- 
Gdll,  Charikles,  ii.  46;  GaUia,  ii.  80,  146; 
Marquardt,  Privail,  112.)    [J.  r.]  [G.  E.  M.] 

PAEDO'NOMTJS  (irai8oy<J/ios)  was  a  magis- 
trate  at  Sparta  (and  in  some  other  Doric  states) 
who  had  the  general  superintendence  of  the 
education  of  boys,  which  in  Doric  states  was 
concerned  with  little  else  besides  bodily  training 
[LUDUB  LiTTEBARlUS,  p.  94].  His  ofHce  was 
honourable ;  the  appointment  by  election.  He 
had  control  over  the  discipline  and  moral 
conduct  of  the  boys,  at  Sparta  after  the  age  of 
7 ;  he  inspected  them  and  punished  those  who 
were  negligent  or  disobedient.  For  this  purpose 
tiaaTtyo^6pot  wore  assigned  to  him  by  Lycurgus. 


PAENULA 

The  more  immediate  inspection  of  the  gymnastic 
exercises  belonged  to  magistrates  called  fiiZmot 
or  $i94oi  [BiDiAEi].  In  Crete  also  we  find 
Taiiop6fjLoi  (Strabo,  x.  p.  483 ;  Schttmann,  Antiq. 
p.  303),  but  boys  there  did  not  come  completely 
under  their  control  till  the  age  of  17.  At  Teos 
(see  inscriptions  in  Gilbert,  8taat$alterih,  ii. 
338),  the  vaiHovdfjLos  shared  with  the  yvfufvr 
ffiapxos  the  charge  of  education.  (Xen.  £q). 
Lac,  it  2,  iii.  10,  iv.  6;  Pint.  Lye,  17;  Kranse, 
Gymnastik  u.  Agon.  pp.  254,  677;  Gilbert, 
op,cit,i,e7,)  [W.S.]    rG.E.M.] 

PAEDOTRIBAE.    [Palaestra?] 
PAE'NULA.    [An  inscription  (Gruter,  646, 

5),    ON.   006SVTIVS    PAENYLARIVS,    shows   that 

this  is  the  correct  spelling.  The  derivation  of 
the  word  is  unknown ;  it  certainly  is  not  from 
^etuf6\fiSf  which  only  occurs  in  late  writers,  as 
a  translation  of  the  Latin;  /ua^hi  being  also 
used.]  The  paenula  was  a  sleeveless  duak  of 
thick  cloth,  'Wom  by  the  Romans  as  a  protectioD 
against  rain  and  cold :  hence  Horace  takes  a 
**  paenula  solstitio/'  an  overcoat,  during  the 
dog-dftys  as  a  telling  instance  of  discomfort.  It 
is  frequently  mentioned  in  the  literature  of  all^ 
periods,  from  Plantus  down  to  the  Fathers  of 
the  Latin  Church.  The  paenula  was  worn  by 
country-folk  who  did  not  wear  the  Toga  over 
their  tunics,  and,  although  not  so  fashionable  as 
the  Laoerna,  was  used  by  all  classes  when  on 
a  journey.  (Cic  pro  Mil,  10,  §  20;  ad  Alt 
xiii.  33 ;— Quint.  Inst.  vi. ;  Sen.  Ep.  87.)  It 
was  also  part  of  the  dress  of  slaves  (Plant.  Mcsi. 
iv.  2,  74),  and  at  times  did  them  good  serrice  in 
warding  off  awkward  blows  (PlauL  loe.  cit,). 
Under  the  Empire  we  hear  of  sedan-chainsen 
(kctioarn)  clad  in  what  seems  to  have  been  a 
livery  of  it  (Mart.  ix.  22,  9;  Suet.  Nero,  30; 
Sen.  de  Ben.  iii.  28,  5). 

A  paenula  mulionica  is  mentioned  by  Cicero, 
and  we  know  from  other  authors  that  it  was 
occasionally  used  by  soldiers  (Sen.  de  Ben.  v.  24, 
1;  Suet.  Galba,  6).  In  Imperial  times  its  use 
seems  to  have  been  much  extended,  and  it  was 
worn  in  Rome  as  a  protection  against  the  rain 
(Juv.  Sat.  V.  79).  Tribunes  (Spart.  Hadr.  3), 
orators  (Tac.  Dial.  39),  and  grammarians  tren 
went  so  far  as  to  adopt  it  as  their  special  garb 
in  cold  weather,  though  it  was  considered  below 
the  dignity  of  the  higher  magistrates  to  wear  it 
at  all.  Spectators  at  the  games,  especially  no 
doubt  those  who  could  not  afford  the  more 
expensive  Lacerna,  found  it  convenient  (Dio 
Cass.  Ixxii.  21),  and  TertuUian  takes  this  as  iU 
original  use,  accusing  the  Lacedaemonians  of 
inventing  it  to  satisfy  their  desire  for  theatrical 
performances  in  the  winter.  Women  wore  it  no 
less  than  men,  for  Ulpian  (Dig.  34,  2,  23,  2) 
speaks  of  it  as  a  commune  testimentwn  ;  and  that 
this  fashion  goes  back  as  far  as  Cicero's  time  is 
shown  by  a  jest  of  his,  recorded  by  Quintiiian 
(viii.  3,  54).  These  paemUae  matrim^es  (Tre- 
bellius,  de  quieto  Tyr.  14,  4;  cf.  Suet.  CaHg- 
52)  were  probably  of  a  special  cut.  The 
material  used  in  its  manufacture  was  thick 
woollen  stuff;  that  from  Tarentum  and  Cann- 
sium  and,  after  its  introduction,  Gafsape, 
being  preferred  (cf.  Plin.  H.  N.  viii.  §  193; 
Mart.  xiv.  145).  Leather,  or  more  probably 
fur  (for  scortea  may  mean  either),  was  also  used 
(Mart  /.  e.  130 ;  Sen.  Nat,  Quaest,  iv.  6,  21). 
Its  colour  was  dark  (rufa  or  fusoa),  as  one 


FA61IS 


309 


viHild  cipMt  1  doik  for  bad  weather 


diagjr 


ippciruiH  tbat  it  wu  worn  at  funerati 
inratd  part  of  the  munera  fvnAria  (Cic,  tn 
lotia.  12,  30  i  Dio  Cau.  liiii.  21,  I.  27  ;  Snet. 
Tt.  1,  Cla*d.  2> 

Die  DOticti  in  literal  nr«  do  not  gire  any  my 
Miite  iafbrmation  about  ita  ahap«,  or  the 
Banntr  of  utaring  it,  eicfpt  that  it  wni  ileeve- 
Icu,  fitted  doHlj  to  the  boJ)-,  wu  drawD  OTer 
tiu  head,  and  was  aonietiniei  proTided  with  a 
lad  (Plin.  B.  S.  Hir,  g  88).  [See  woodcnt 
rnaliT  ClICULL[ra.J  In  Chriatian  timet  it  WM 
aJopitdua  Teatment,  but  In  thii  nae  ii  better 
knonB  u  the  ooao&i  or  chainble  (lee  i)u^ 
CKritt.  Antiqq.  a,  T. "  CaBnln  "). 
Tit  pienoJs  vccora  bnt  seldom  on  moDomenta, 
cbieflj  no  doobt  became 
itt  ahape  doei  not  admit 
of  an  artietic  airange- 
ment  of  (blda,  but  alto 

garment  chancteriitic 
of  anr  calling  or  mode 
oflife.  Themonomenti 
ropresenting  it  were 
fint  collected  \iy  Bar- 
tholinui  in  his  admi' 
nble  Comineatariia  dt 
Paeaala,  and  compara- 

hare  been  dace  added 
0  kii  list  (see,  baw' 
»r,  HQbner  in  Pn>- 
gmm  zun  Winciel- 
monw/^rt,  Berli 
1666).  All  agne 
ahowiDg  a  cloak  com  ^ 
down  to  the  ktiees,  rery 
'  like  >  long  cape,  except 
that  it  ia  cloi  '  " 
raiad,  the  head  paaiing  throngb  ■  aljt 
<tn\n,  (lactly  in  the  eame  waj-  as 
pitcln  of   Spaaiab-Amcrica.      The  Tari 


1m  nufaiS  PMonla.  (FMn  Tnjtn'a  Cahmu.) 


shape  is  rery  coniiderable,  the  cloak  appearing 

imea  iqnare,  ■ometimet  round,  and  aome- 

of  a  bell-ahape.  In  most  cases  a  tnckered 
rnns  down  tbs  centre  in  front,  enabling 
the  vearet  to  hitch  op  one  side  over  hia  shoulder, 
and  to  keep  his  arm  free.  Howerer,  even  so, 
it  is  plain  that  the  psennln  conld  net  be  worn 
when  free  moremeut  of  the  armi  waa  aeceiaar; ; 
and  this  is  the  point  which  Cicero  makea  in 
Milo'a  favour,  when  he  pleads  that  he  was 
paenalatiU,  which  he  assumes  really  meant 
paenaia  irretitiu.  It  also  eiplains  why  it  is 
that  oat  of  tbe  aninarous  figures  of  soldiers  en 
Roman  relief  so  very  few  near  this  cloak. 
One  of  these  few  is  the  appiu  of  L.  Ducciot 
Rufiuus  Signifer  of  the  Ninth  Legion,  (band  and 
preserved  at  York.     (Wellbeloved,  Eboracum, 

evidence  for  Marqnardt's  theory  that  Cicero's 
eipreuion  icimUre pamuiam  {ladAU.l,  c)  refers 
to  a  coatom  by  which  the  host  unbuttoned  bia 
guest's  cloak  on  bis  arrival ;  none  of  the  repre- 
sentitiont  show  anything  like  buttons.  rBesides 
Bartholinna'  work,  above  mentioned,  the  best 
edition  of  which  is  that  contained  in  Oraevius' 
Thtiavna,  torn,  vi.,  aee  Uarquardt,  PrimtMm, 
ed.  2,  pp.  561  f. ;  and  Becker-Gsll,  Gallut,  iii. 
p.  125  £)  [W.  C  F.  A.] 

PAGA'NI,PAGANA'LIA.    fPiOtm.] 

PAGA-NICA,    [PiLi.] 

PAOUS,  a  canton.  The  meaning  of  this 
word  cannot  tie  given  in  precise  and  absolute 
terms,  partly  because  we  can  have  no  doabt 
that  its  significance  varied  greatly  between  the 
earliest  and  the  later  timet  of  Koman  history, 
partly  because  its  application  by  Latin  writers 
to  similar,  but  not  identical,  communities  out- 
side Italy  (especially  in  Ganl)  and  their  com- 
parison of  ju^' with  the  Greek  t^/ioi  tend  to 
complicate  the  question.  Ijitium  was  anciently 
divided  into  a  nnmber  of  clan-settlements  or 
villages  which  wen  an  aggregate  of  dwellinp 
gathered  round  a  central  enuoaed  or  fortified 
apace,  an  arx  or  eaitelimn  Tcf.  OFPIDtm],  Aa 
regards  the  terms  vicai  (olaai)  and  pagta  in 
refereoce  to  these  ancient  settlements,  we  may 

ttther  from  various  passages  that  ricui  meant 
ouses  cloaely  connected,  and  so  a  small  Tillage  or 
hamlet  of  a  continuous  street,  pagui  a  district 
including  scattered  houses  or  scattered  hnmleta 
(Varro,  £.  L.  v.  145 ;  Festus,  p.  371 ;  Amminn. 
mi.  2, 17 ;  Vicm).  Thia  will  hold  good,  whether 
we,  take  ila  etymology  {pango)  to  aignify 
"boildinga"  or  "filed  boundary  "  (cf.  Momm- 
sen,  Boman  Bat.  voL  L  p.  38,  with  SlaaltrKU, 
iii.  p.  116).  Old  writers  have  connected  it  with 
ir^rrtt  tli*  central  villsge  well,  or  with  niyos, 
i.e.  a  hilt-fort  (Festns,  t.  e. ;  Sarr.  ad  Oeorg.  ii. 
381;  Dionys.  iv.  15):  but  the  first  would 
nther  suit  the  viaa  or  hamlet,  since  tbe  pagtu 
would  have  many  wells,  and  tbe  second  would 
do  better  for  the  arx  than  for  the  district  round 
it.  In  speaking  of  clan-settlements,  we  mast 
guard  against  the  notion  that  tbe  gens  and 
pagoa  could  be  identified  the  one  with  tbe  other ; 
the  pagua  was  purely  local  and  would  remain,  if 
the  main  body  of  the  gens  dwelling  in  it  mi- 
grated elsewhere:  so  long  only  ns  they  dwelt 
there,  they  would  be  pagani  of  that  pagua.  We 
cannot  aven  assume  that  the  Inhabitants  of  a 
pagus  we 
historic  ti 


310 


PAGUS 


tAGUS 


probable  indeed  that  originally  they  were  so,  a&d 
that  afterwards  in  some  cases  two  or  more 
gentes  might  hare  joined  in  the  same  pagns ;  in 
others  some  portions  of  the  old  gens  or  gentes 
may  have  left  the  district,  and  their  places  hare 
been  filled  up  by  others.  Accordingly  we  find 
the  names  of  pagi  mostly  local  with  the  termi- 
nation -amis,  but  some  few  gentile,  as  pagtts 
Valerius,  pagua  Juihts,  or  the  Roman  pagus 
Lemonius  for  instance  (see  Mommsen,  Staatsr, 
iii.  113):  and  even  where  pagi  haye  gentile 
names,  we  cannot  always  say  whether  the  name 
belonged  to  it,  as  the  original  clan-settlement, 
or  was  given  in  honour  of  some  member  of  the 
gens  afterwards  connected  with  it. 

Politically,  as  both  Mommsen  and  Marqnardt 
are  careful  to  point  out,  the  pagus  did  not  form 
an  independent  community.  Here  again,  how- 
erer,  we  cannot  say  that  this  was  always  true, 
and  the  original  pagi  may  have  been  purely 
independent  clan-settlements:  such  an  opinion 
would,  after  all,  be  in  accord  with  a  dictum  in 
Mommsen's  J2omtf,  ^  AH  history  begins,  not  with 
the  union  but  with  the  disunion  of  a  nation." 
But  whatever  the  pre-historic  condition  of  these 
cantons,  we  know  them  as  only  single  members 
of  an  aggregate  state  called  civUas  or  populus, 
which  gathered  together  in  fora  or  concitiabula 
for  markets  or  for  legislation,  and,  as  one 
people,  combined  for  defensive  or  offensive  war- 
fare. This  is  indeed  clearly  indicated  by 
Isidore  (^Orig,  zv.  2,  11).  The  stages  were, 
probably,  first  the  pagus  with  its  own  centre  of 
refuge  and  its  own  sovereign  rights,  then  several 
pagi  gathering  round  a  common  centre  for 
refuge — such,  for  instance,  as  Tusculum,  which 
became  the  urbs  or  oppidum  of  the  combined 
pagi,  and  then  a  league  of  various  canton 
centres,  such  as  Alba. 

Though,  however,  the  pagus  was  not  (unless 
in  primitive  times)  an  .independent  state,  it  had 
an  orgajjisation  analogous  to  tnat  of  a  collegium : 
we  find  thiCt  magister  pagi=aedile$  pagi  (some- 
times a  single  magiater  pagi) — ^whom  ^onys.  ii. 
76,  ascribing  the  institution  to  Numa,  calls 
viffuv  6oxorras  —  are  annually  elected  with 
priestly  nmctions,  to  look  after  the  sacred  rites 
of  the  pagus,  with  some  police  control  also  of 
local  matters,  such  as  the  roads  (Siculus  Flaccns, 
p.  146),  and  perhaps  of  water-supply  (cf.  Festus, 
s.  V.  si/tis) :  a  power  of  fining  the  members  of 
the  pagus  appears  in  inscriptions  (C  /.  L.  iz. 
3513),  and  a  common  council  for  such  local 
business  (C  /.  L,  i.  571).  It  is  clear  that  their 
administrative  importiuice,  whatever  it  had 
been  once,  dwindled  to  almost  nothing, — to 
nothing  in  fact,  apart  from  the  religious  rites, 
but  what  necessarily  followed  on  the  pagus 
having  common  as  well  as  private  property, — 
but  to  a  late  period  it  remained  as  a  geogra- 
phical term  for  thfe  district  of  woodland  and 
tillage  outside  a  town  and  attached  to  it  for  all 
real  administration,  containing  within  itself 
villages  (otctTy  country  houses  (villae%  and  farms 
(fundi  or  pruedia) :  often  several  pagi  attached 
to  one  large  town,  as  for  instance  11  pagi  to 
Beneventukn  (see  Isid.  Orig,  zv.  2, 11 ;  and  the 
inscriptions  cited  by  Marquardt,  Staatsr.  i. 
p.  11). 

It  may  be  seen  from  the  above  description 
that  the  pagi  resembled  in  many  respects  village 
communea  or   Gemeindet  particularly  those  in 


Switzerland  [cf.  Demus],  and  they  have  often 
been  compared  to  the  Attic  irj/ios.  It  is  highly 
probable  that  the  primitive  9ii/ios  and  the 
primitive  pagus  were  essentially  the  same,  but 
it  would  be  misleading  to  regard  them  a» 
identical  in  historic  times,  as  may  be  readilv 
seen  by  comparing  the  accounts  in  the  separate 
articles.  One  salient  point  of  difference  was 
that  the  connezion  with  the  Zrifuts  was  retainei 
whether  the  members  of  it  dwelt  in  Athens  or 
not,  whereas  the  contrary  was  the  case  with  the 
pagus.  Hence  Mommsen  in  his  Siaatsrecht  de- 
precates the  comparison  with  the  Bnt^s,  and 
prefers  to  compare  the  pagus  with  the  Egyptian 
y^/xor  or  the  subdivision  rowapxia  (for  an 
account  of  which  see  Marqnardt,  J^aatnene.  i. 
pp.  447  f.) :  it  must  be  observed,  however,  that 
the  eztent  and  the  administrative  importance  of 
the  name  were  much  greater  than  those  of  the 
Italian  pagus. 

At  Rome  the  inhabitanta  of  the  old  city 
(for  which  see  SEPTiMOinnxTH)  were  called 
fnontani ;  the  accretion  of  other  settlements,  oi- 
pagif  later  included  in  the  city,  furnished  the 
pagam.  Hence  in  the  age  of  Uicero  menUani  et 
pagani  would  come  to  mean  all  the  inhabitants 
of  the  city,  as  in  Cic.  de  Domo,  27, 74 ;  Q.  Cic. 
depet.  Com,  8,  30  (if  the  reading  montttan  for 
omnium  is  adopted).  So  the  Capitol,  the  Avcn- 
tine,  and  the  Janicnlum  were  pagi,  not  tnoftUs; 
and  the  terms  pagus  JanicoUnsis,  pagus  Aten- 
tinensis  lasted  down  to  the  year  B.&  7,  when 
Augustus  re-arranged  the  city* 

The  Celtic  pagus,  at  the  time  of  the  Roman 
conquest,  had  at  once  a  gi-eater  eztent  than  the 
Italian,  and  a  greater  power  from  the  fact  that 
these  cantons  were  not  in  the  same  way  changed 
from  their  primitive  condition  and  absorbei 
into  a  regularly  constituted  state,  but  still 
retained  their  own  clan  government  with  gene- 
rally a  somewhat  loose  combination  in  the 
civitas  (closer,  however,  among  the  Belgae  than 
among  other  Gallic  tribes).  The  politi^  state 
to  some  eztent  represents  what  Aristotle  gives 
as  f$pos  in  contradistinction  to  w^Ait — a  people 
dwelling  Korii  kA/uu  icexwpur/yiiyei.  From  the 
direct  information  which  we  possess  about  Gad, 
we  see  that  a  certain  number  of  pagi  made  up  a 
civitas  (Liv.  JSp.  65) :  of  the  Helvetii  there  were 
four  pagi  which  made  up  the  civitas  Hdvetica 
(Caes.  B,  0.  i.  37) :  and  four  was  probably  the 
normal  number,  though  Caesar  (iv.  1)  telli  us 
of  the  nation  which  he  calls  the  Suevi  with  100 
pagi,  each  contributing  1000  warriors  in  a 
national  war.  The  most  powerful  of  the  Hel- 
vetic pagi  was  the  pagus  Tigurinus,  whose 
chief  place  was  Aventicum  (Avouches,  near 
the  Lake  of  Morat;  C.  I.  HdveL  159).  it 
would  seem  that  the  Pays  de  Vaud  to  some 
eztent  geographically  represents  the  pagus  Tf 
gurinus,  as  etymologically  pagus  is  represented 
by  pays.  After  the  Roman  conquest  and  the 
dissolution  of  the  Helvetic  dtitas,  the  political 
and  administrative  importance  of  the  pagu> 
ceases,  and  it  retains  only  its  religious  functions 
(inscr.  dt.) :  that  the  vid  subsequently  had  the 
power  of  making  decrees  is  seen  in  several  Hel- 
vetic inscriptions  (149,  241,  &c).  Perhaps 
some  indication  of  the  nature  and  origin  of  the 
Celtic  pagus  may  be  found  in  the  fact  thst 
Strabo  (iv.  p.  193)  calls  it  ^vXok,  and  Mommsen 
{Hermes,  ziz.  p.  316)  considers  that  it  resembles 


PA0U8 

>  RoDUD  tfUxa  in  iU  origuuJ ^ 

tht  (use  ultlcll  fti  ibom  that  the  cli 
rul  Ditara  ud  cDutitntian  of  thtte  UDtOEU 
mij  be  Iboad  in  the  account  of  the  Giilatin 
iiite  gtTGD  m  Stnbo.  The  T«rpap;i[fa  of  the 
<;iIatUm  u  ope-fourth  of  the  dtUaa  or  fflror  : 
tuli  titrarchj  had  for  matCen  of  jiiatice  or  for 
lonuuiid  is  war  a  bcod-maa  (Tfrpapxo') '  ''■s 
i£re  ii  for  life  and  hereditarjr  (Strubo,  xU. 
p.  M7,  guTjutu  TtTpafi;i;la  rSr  roXsTair ;  cf. 
p.  Ml,  Talt  Iri  r^raui  Trrpdpx'"')  >  under  the 
lelnrch  aic  officiali  called  0uTa<rH}F  and  arpa- 
TtfvXaf,  and  two  (voirr^aTo^^Aacii.  There 
(u  a  national  council  of  the  three  Hn)  or 
dnfiito  who  occupied  Aaia,  compoaed  of  the 
ivtin  tttrardu  and  three  hnndnd  unaton ;  but 
tiwpt  lor  caae*  of  murder  and  the  national 
connnu  of  peace  and  var,  the  tvelre  tetrar- 
tiUa  or  pagi  had  independent  local  gaTemment. 
Fh  iiitioaal  intemti  the  three  fSni  at  raiions 
feriodi  had  separate  princes,  whom  Strabo  calla 
Vftiiint  or  a  aingle  ifjtuiir  fur  the  three  com- 
HnHi  (Stnibo,  lii,  pp.  666,  567>  It  is  not 
impiobable  that  we  hsTe  here  an  organieation 
bekiBging  to  the  CelU  in  Oaal  ae  well  ai  iu  Alia. 
Tb(  fourfold  diTiaion  ma;  be  traced  iu  the  four 
''tiug>,''ortetnrch>,ortheCantii(Caei.  £.  G. 
T.  'i't\  vhom  we  lee  acting  together  in  a 
utwul  war  nndar  the  leadenhip  of  "Casai- 
TeHiEnua,"  but  apparently  haling  rule  orer 
tbtir  respectire  tetrarchio. 

Fagmalia. — The  Italian  pagi  had  their  tnte- 
laij  deitiea  and  aancti 


PALA 


311 


1  Chrial 


.(a. 


ilicrte  of  Conatantine,  Cod.  Theod.  iti.  10,  3). 
Hire  were  crlebrated  in  Jannar;  at  the  end  of 
vtd-time,  "lemente  peracta,"  the  country 
pigmuiia,  which  correaponded  to  the  feriae 
ifmtkat.  (Prcller,  howcTer,  belieTei  in  a 
ftttiTal  at  the  beginning  aa  well  aa  the  end  of 
Hcd'time:  the  eiidenca  for  hii  Tiew  ia  not 
utiilaclory.)  An  offering  waa  made  to  Tellua 
(ii  later  times  to  Ceres)  of  caket  of  meal  and  a 
prifnant  aow.  At  thia  featiral  also  maaks  or 
aaail  images  were  hung  np  [OsciLLA^i  and 
then  win  games  and  matic  aongi.  (Ov.  Ftat. 
L  661  ff. ;  Dionyi.  it.  15 ;  Verg.  Gwrg.  ii.  385  ; 
Hdt.  Ep.  I  1,49;  ii.  1,  ItO.)  The  luttratia 
faji  at  thia  feetival  wa*  a  matic  Amhorralia, 
i-liich,  betides  its  religiooa  sifrnificaDce,  had  the 
alrsntagea  of  filing  the  boundaries  of  the  pagus. 
[iKBiBTALia  ;  LpsraATiO.}  At  the  festival  of 
Uk  Paganalia  the  aiagiiter  jmgi  presided,  and 
his  vife  (nagittra)  aansted. 

Pagaai, — It  nmains  only  to  remark  oo  spednl 
seqnired  WDsea  of  thit  word,  which  strictly 
mtaat  onlj  tbcte  who  for  the  time  being  dwelt 
ii  agy  p^na.  We  find  pagani  uaed  in  coutra- 
<isitiBetion  to  lu/ita  or  to  armati  (Jut.  itI.  33; 
Mia.  £0.  »iL  S5, 1.  86 ;  Suet.  Aug.  27,  Soft.  19 ; 
-Tu-BitL  L53;  ii.  U,  88;  iii.  24,  43,  77; 
it.  20 ;  Dig.  48,  19,  14).  From  these  passages, 
ud  eapeoally  from  Tacitns,  taking  also  notice 
of  the  data  when  the  ntage  began,  itii  tolerably 
cW  that  the  originol  distinction  wat  between 
t^  reenlarly  enrolled  soldiers  and  the  irregnlar 
udiilled  half-armed  banda  of  rustics  who  in 

thoB  for  their  country  like  the  rustics  in  Verg. 
AtK  TiL  505  or  modem  francs-tirnirt,  some- 
tines  in  the  ranks  of  one  ttoman  army  against 
■wther  in  Umea  of   ciTil  war.    The  Camoni 


"  Vos  nisi  vincitis  pagani"  (Tac  ffijt  ill.  24)  Is 
not  the  same  as  Caesar's  use  of  "  Quirites  " :  the 
word  "  yokel "  might  be  used,  hot  "  militiamen," 
I.e.  rnitic  levies,  would  more  nearly  eipress  the 
tannt  which  Antooiui  Primus  addressed  to  his 
soldiers.  The  more  general  opposition  of  the 
word  to  milet  followed.  The  modem  use  of  the 
word  "(isgan,"  from  (he  fact  that  the  old 
religion  lingered  most  in  the  rural  districts, 
first  appears  in  a  law  of  Vnlentinian  a.d.  368, 
when  the  old  religion  is  called  religio  paganonmi 
(Cod.  Theod.  ivi.Ti,  18;  cf.  laid.  Tiii.  10). 

(For  the  pagua,  see  Mommsen,  Som.  Hitt.  i, 
37-40 ;  ataatsncht,  iil  pp.  112-119  ;  Marqnardt, 
StaaUatna^limg,  i.  pp.  i.  3-15; — for  the 
Gallic  pagi,  Uommsen  in  Hermei,  iti.  449  ff., 
lii.  316  ff. ; — for  the  paganalia,  Harquardt, 
Slaattvene.  iiL  193;  Preilei,  BBia.  Myth. 
404.)  [G.  a  M.] 

PALA  {probably  =  mccwirri,  rxa^lor),  a 
apode.  The  spade  wsi  compaiatiTcly  little  used 
in  ancient  husbandry,  the  implements  used 
besides  the  plough  for  breaking  up  and  cleaning 
the  ground  being  mostly  of  the  pick-aie  or  hoe 
shape  [tee  Bidcnb,  Lioo,  Misaa,  SAacuLDv]. 
The  pala  was  used,  like  our  spade,  for  digging, 
not  picking .-  it  was  of  iron  (Colum.  i.  45),  with 
a  broad  cutting  edge  carved  at  the  eiid.  Pliny 
(fl.  S.  iTiii.  S  46)  speaka  of  it  as  usef^il  for 
breaking  up  rushy  ground  (j'lmauin),  whereai 
he  recommends  the  bidem  for  atony  ground  and 
for  loosening  the  soil  before  planting  alipa  (iTii. 
§  123)  :  and  thia  was  probably  one  of  its  nsei 
in  the  olire-yard.  Cato  (R.  S.  10),  in  hia  list 
of  implementt  requisite  for  an  olive-yard  of  240 
jugera,  gives  only  4  palae,  but  6  aratra  iind 
8  sarcala :  it  was  used  too  for  digging  a  trench 
(IJT.  iii.  ae),  and  in  gardening  (Colom.  (.  c), 
The  woodcDt  below,  taken  from  a  fnuerHl  m 


Pala,  )Ux,  and  btdena.    (From  an  ancient 


ment  at  Rome  (Fabretti,  Iracripl.  Ant.  p.  5i4), 
eihihita  a  deceaaed  counUTman  with  hia  fall 
and  bidena,  and  also  with  a  pala,  modified  by 
the  addition  of  a  strong  cross-bar,  by  the  use  of 
which  he  waa  enabled  to  drive  it  nearly  twice 
aa  deep  into  the  groond  as  he  couid  have  done 
without  it.    in  thit  form  the  initmment  waa 


312 


PALAESTE 


PALAESTBA 


called  bipcUiumf  being  employed  in  trenching 
(^pa8tinatio\  or,  when  the  ground  was  full  of 
roots  to  a  considerable  depth,  in  loosening  them, 
turning  them  over,  and  extirpating  them,  so  as 
to  prepare  the  soil  for  planting  vines  and  other 
trees.  By  means  of  this  implement,  which  is 
still  used  in  Italy  and  called  vanga^  the  ground 
was  dug  to  the  depth  of  two  spades  or  nearly 
two  feet.  It  is  clear,  howeyer,  from  Columella, 
xi.  3,  10,  that  the  cross-bar  was  placed  higher 
when  a  deeper  spit  was  required  :  he  speaks  of 
digging  three  feet  deep,  but*  says  that  in  other 
cases  it  will  be  sufficient  to  dig  "  non  alto  bi- 
palio,  id  est  minus  quam  duos  pedes ;  '*  where 
the  various  reading  bipedalio  is  clearly  a  mis- 
conception from  the  **  duos  pedes."  (Plin.  H.  N. 
xviU.  I  230 ;  Cat.  £,  H.  vi-  45,  151 ;  Varro, 
M,  B,  i.  37 ;  Colnm.  B,  B,  v.  6.) 

Cato  (t&.  11)  mentions  wooden  shovels  {palcu 
Ugneas)  among  the  implements  necessary  to  the 
husbandman.  One  principal  application  of  them 
was  in  winnowing.  The  winnowing  -  shovel, 
also  called  in  Latin  vetUilabrum  (Varro,  B.  B,  i. 
52),  is  still  generally  used  in  Greece,  and  the 
mode  of  employing  it  is  exhibited  by  Stuart  in 
his  AntiqtUtiea  of  Athms.  The  com  which  has 
been  threshed  lies  in  a  heap  upon  the  floor,  and 
the  labourer  throws  it  to  a  distance  with  the 
shovel,  whilst  the  wind,  blowing  strongly  across 
the  direction  in  which  it  is  thrown,  drives  the 
chaff  and  refuse  to  one  side.  So  Isid.  Or,  xx. 
14,  10,  **  pala  quae  ventilabrum  vulgo  dicitnr,  a 
ventilandis  paleis  nominata"  (the  etymology 
need  not  be  accepted) ;  and  Tertnll.  Praetor.  3, 
"palam  in  manu  portat  ad  purgandam  arcam 
suam."  According  to  Schol.  ad  Aristoph.  Av. 
806,  this  was  called  ericd^tow  as  well  as  wr^y 
or  Kuc/irrnipls.  The  fruit  of  leguminous  plants 
Was  purified  and  adapted  to  be  used  for  food  in 
the  same  manner.  (Horn.  //.  v.  499-502 ;  xiii. 
588-592.) 

The  term  pala  was  applied  anciently,  as  it  is 
in  modem  Italian,  to  the  blade  or  broad  part  of 
an  oar.  [Remus.]  In  a  ring  the  broad  part, 
which  held  the  gem,  was  calleid  by  the  name  of 
pala.    [ANULua.]  [J.  T.]    [G.  E.  M.] 

PALAESTE.    [Palxus  ;  Mensuba,  p.  161.] 

PALAESTBA  (xaXaiffrpa).  The  upshot  of 
a  controversy  which  lasted  for  many  years  as  to 
the  difference  between  a  waXtdarpa  and  a  yvfi- 
pdfftov  is  that  as  a  general  rule  the  «xi\cu0TfNu 
were  the  ordinary  schools  kept  by  private  in- 
dividuals, where  boys  were  trained  and  got 
regular  instruction  in  physical  exercises :  while 
the  yviiMdffM  were  the  public  establishments  to 
which  the  grown-up  young  men,  and  even  adults 
(PUt.  Bep.  452  B;  Xen.  Symp.  2,  18),  resorted 
for  exercise,  but  where  there  was  no  regular 
instruction  given  except  to  those  who  were 
training  either  for  the  games  or  to  become  pro- 
fessional athletes.  This  distinction  was  made 
by  K.  F.  Hermann  in  his  additions  to  Becker's 
Charikles,  ii.  186,  189,  and  has  been  accepted  by 
Guhl  and  Koner,^  256-7,  Grasberger  {Erziehung 
und  Unterrichl,  i.  252),  GOll  {CharikUs,  ii.  239), 
Blumner  ^PriwUaltertMlmgr,  336,  and  in  Bau- 
meister's  DenkmSler,  s.  y.  Gymmasiik^  Hahaffy 
(Old  Greek  Education,  p.  25,  noteX  and  I  wan 
MtiUer  {Handbwih  der  klas*.  AlterthumsveU- 
seruchaft,  iv.  451  c,  1887> 

Becker  in  his  Chariklea  (Eng.  trans,  p.  294) 
had  maintained  '*that  the  Gymnasium  was  a 


place  including  grounds  for  running,  archery, 
javelin-practice,  and  the  like,  along  with  bathi 
and  numerous  resorts  for  those  who  only  sough: 
amusement ;  while  the  Palaestrai,  on  the  other 
hand,  was  the  regular  wrestling-school,  where, 
originally,  wrestling  (irdKyi)  and  the  pancraticn 
were  principally  taught  and  practised ; "  and 
that  **the  distinction  which   Kraose  had  at- 
tempted  to   establish  that  the  Palaestra  wss 
chiefly  for  the  use  of  boys  is  quite  untenable." 
He  bases  his  conclusion  on  Aristoph.  At,  140, 
vats  itpaios  iarh  yvfu^offiov:  on  Plat.  Legg.  vi. 
794  D,  who  wishes  for  yvfufdata  iral  SiSoo'JcaAf  ta 
for  girls  as  well  as  boys,  proving,  he  thinks,  that 
yvfufiffta  were  used  for  boys ;  on  Ludan,  Abr.  4, 
where  the  young  men  go  to  the  palaestra ;  and 
on  Theophr.  Char.  vii.  (Jebb),  which  speaks  of 
gymnasia  where  the    ephebi    practise,    which 
implies,  Becker  thinks,  that  there  were  gymnasiA 
where  the  boys  practised.    Bat  neither  in  this 
passage  nor  in  that  from  Plato  is  yv/wdata  used 
otherwise  than    generically    in    the    sense   of 
*'  places  for  exercise,'*  with  no  idea  of  any  dis- 
tinction from  waXcuarpai :  and  as  to  the  pass^ 
from  Aristophanes,  GoU  (pp.   cit.   234)  showi 
from  Theocritus  (Idyll,  xxiii.  60,  61)  and  Lncian 
(Amor.   26)  that  vcur  is  a  term  that  can  be 
applied  to  youths  up  to  twenty  years  of  age; 
while  the  passage  from  Lucian  represents  the 
young  men  as  setting  out  in   search  of  Adi- 
mantus,  who  had  gone  to  the  palaestra  to  look 
for  a  favourite  boy,  and  not  with  any  idea  of 
exercising.      But,   again,  there  is  the  much- 
discussed  passage  in  Antiphon  (Tefral.  ii.  2,  3; 
3,  6),  where  a  boy  (vaisX  answering  a  summons 
from  his  woiSorpi^^s,  crosses  the  range  and  is 
killed  by  a  spear  shot  by  a  youth  (jt,9ip6Ktov\ 
who  is  said   to  be  ^AfT*^  fieri  rwv  ^Aicwv 
ktcorridiaf  M  r^  yv/mol^.     Bnt  this  can  be 
explained  by  supposing  either  that  the  voTr  was 
a  spectator,  or  more  likely  was  practising  for  the 
games,  and  the   presence  of  the   wuScrpifiiif 
seems  an  additional  proof  of  this.    It  is  better 
to  explain  the  passage  thus  than  to  force  the 
sense  of  ^«i,  **  in  the  neighbourhood  of,"  with 
Grasberger,  i.  269. 

A  striking  passage  to  show  that  palaestrae 
were  for  boyg,  gymnasia  for  young   men,  is 
Theocritus  (Idyll,  ii.  80),  where  the  yonag  men 
Del  phis  and  Eudamippus  come  from  the  gym- 
nasium  (At  itirb  yvfufoffUHO  koA^  w^vor  ipri 
\nr6mmif),  compared  with    m.  8,   97,  where 
Delphis  is  represented  as   staying   about  the 
palaestra  of  Timagetus  to  see  his  boj  favourite. 
It  also  shows  that  the  palaestrae  were  called 
after  their  proprietor  (or  perhaps  their  founder) : 
compare  also  the  palaestrae  of  Taureas  (Plat 
Charm.  153  AX  Timeas  (CI.  A.  ii.  445, 1.  22), 
Antigenes  (&.  446, 1.  61),  Sibyrtins  (Pint.  Ale  3> 
The  master  of  the  palaestra  was  called  vaiSe- 
rpifitis :  he  was  regularly  paid  by  the  parents 
of  the  boys  he  taught,  and  the  conducting  a 
palaestra  was  an  ordinary  private  specnlstion. 
Sometimes,  indeed,  we  find  certain  quarten  of 
the  town  building  palaestrae  ([Xen.]  Bep.  Ath. 
2,  lOX  probably  by  subscription,  but  eren  these 
were  private  undertakings,  as  the  state,  assnch, 
had  nothing  to  do  with  them.    That  regular 
instruction  was  given  in  the  palaestrae  can  bo 
proved  from  Theophrastns  (Char.  xix.X  v^^'^ 
the  Loquacious  man  goes  into  the  wakaSarpoi 
and  prevents  the  boys  getting  on  with  their 


PALAKSTBA 


PALAESTBA 


313 


vork  by  hii  endless  gossip  with  the  vcuZorpifieu 
ud  MmrKokou 

ij  to  the  actual  hUlding^  a  palaestra  required 
for  irreftliog  and  jumping  a  smoothly-floored, 
tiirlj  large  room.  Throwing  the  spear  and 
diacns  and  numing  required  indeed  a  very  con* 
tiderable  space;  but  the  palaestra  in  a  strict 
seuc^  i.&  place  for  wrestling,  was  generally 
sepsrsted  from  the  course  for  running  (9p6/u>f) : 
ci  Herod,  vi.  128,  KAcidf^njs  icol  9p6fiop  koI 
nXairrfn^w  voaiadsupos  flxc-  ^^  ^^®  smaller 
psUettrae  there  probably  was  no  9p6fioSf  only  a 
eDBparatiTfly  small  room  for  wrestling.  This 
ns  doubtless  the  chief  exercise  practised  in  the 
pekestra;  since  instruction  would  be  more 
aecesiary  for  wrestling  than  for  running.  Besides 
ihis  main  school-room,  there  were  smaller  ad- 
jacent rooms:  one  for  holding  oil,  with  which 
tbe  wrestlers  rubbed  themselves ;  another  for 
undf  which  was  necessary  to  enable  them  to 
get  grips;  and  a  third  for  a  bath— -unless  a 
nrer  happened  to  be  close  by.  The  elaborate 
I'aUiestra  described  by  Vitruyius  (v.  11)  is 
reslly  a  Gyimuuhan^  and  is  fully  treated  of 
uader  that  head. 

There  are  many  vase-paintings  of  athletic 
fierctses;  a  good  example  is  in  Banmeister's 
DaJaiuUer,  fig.  671.  In  these  paintings,  besides 
those  actually  exercising  who  are  naked,  there 
is  geserally  a  clothed  bearded  figure,  who  carries 
a  rod  in  one  hand  and  often  a  staff  in  the  other. 
H€  is  the  woiSorp/i^r,  and  the  rod  is  used  for 
paDJibment  (cf.  Aelian,  Var.  Hist.  ii.  6). 
Corporal  pnniahment  was  much  resorted  to  in 
aacicat  schools.  Occasionally  a  statue  of  a 
betrded  Hermes  is  depicted  (cf.  Gerhard,  ^tisffr- 
UsfM  Voienbader,  Taf.  Ixvi.).  Along  with 
Apollo  (Lucian,  .^nocA  7),  Hermes  was  the  god 
who  principally  presided  over  athletics  (Hor. 
GtnLl  10,4;  cf.  Orelli,  Intcrijpi.  1417),  and 
be  was  said  by  mythologists  to  hare  been  the 
istber  of  the  goddess  Palaestra  (Philoetr.  Imagg, 
ii.  S2,  p.  433,  Kayser). 

The  wwMo/rpifi^s  was  the  ordinary  trainer  in 
n^ustics  (Plat.  Loch.  184  E ;  Aristoph.  Nub. 
973,  Eq.  1238),  just  as  the  ypofifugrtmit  was 
the  ordinary  schoolmaster  in  our  sense  of  the 
word ;  and  the  two  are  often  mentioned  in  con- 
Mxion  (Plat  Protag.  312  B ;  Dio  Chrys.  Or.  xiii. 
436,  fieishe).  He  trained  all  the  boys  who  did 
not  want  either  to  compete  in  the  games  or  to 
become  professional  athletes.  The  latter  were 
tfaioed  by  the  Yv^iMurr^r,  who  had  more  special 
Mieatific  knowledge,  and  who  also  possessed  a 
SRster  acquaintance  with  physiology,  which 
«Qibltd  him  to  tell  the  effect  on  the  constitution 
^  this  or  that  exercise  (Galen,  de  actniit.  tuend.  ii. 
12,  Tol  Ti.  pp.  156-7,  ed.  Knhn).  The  vcuSo- 
r^i^ff  was  not  expected  to  have  a  scientific 
^wledge  of  the  exercises:  he  had  just  the 
bsck  and  trick  (rV  dfottipUof  re  &tM  aol 
▼pi/H',  Galen,  op.  dt.  ii.  9  =  p.  143 :  cf.  Plat. 
<^.  463  A),  and  was  only  expected  to  know 
W  to  do  the  exercises  and  to  show  his  pupils 
bow  to  do  them,  but  not  to  determine  any  special 
oattses  to  be  assigned  to  each  separate  pupil. 
Jott  like  the  ordinary  preparatory  schoolmaster 
of  the  last  generation,  he  put  his  pupila  through 
s  tnditional  course ;  beliering,  like  the  pro- 
rerbial  unscientific  cook,  that  what  was  sauce 
^  the  gooee  was  sauce  for  the  gander.  Indeed 
the  cook  is  his  rery  analogue,  according  to  Galen 


(/.  c),  who  says  that  the  waiSorplfiris  is  to  the 
Tv/iFcurr^s  as  the  cook  (we  should  perhaps  say 
the  apothecary)  is  to  the  physician;  that  is, 
that  he  carried  out  the  directions  given  by  the 
yvfipavriis :  and  this  was  the  function  a  waiZo' 
rplfitit  performed  when  he  acted  in  concert  with 
the  yvfiPoar'^s.  However,  it  must  be  remem- 
bered, on  the  one  hand,  that  the  great  mass  of 
Greek  boys  were  never  subjected  to  the  training 
of  the  yvftiwrriis :  and,  on  the  other,  that  we 
are  not  to  suppose  all  waiiorplfiai  merely  gave 
routine  and  rule-of-thumb  instruction.  We  hear 
that  Herodicus  of  Selymbria  was  quite  scientific 
(Plat.  Jiep.  406  B).  But  in  Plato's  time  the 
distinction  of  waiBoTplfivis  and  yvfufcurr^s  was 
not  marked,  as  he  ranks  now  the  one,  now  the 
other,  on  a  level  with  the  physician  (ChY.  47  B ; 
Protag.  313  £).  It  gradually  grew  up  in  after- 
times  (there  is  a  hint  of  it  in  Aristotle,  JSth, 
Sic.  X.  9,  15),  owing  to  the  greater  number  of 
boys  who  wished  to  attain  first-rate  excellence 
in  athletics ;  perhaps  we  may  compare  the  in- 
creasing number  of  schools  which  with  us  hire 
cricket  professionals.  But  though  the  distinction 
was  certainly  made  and  is  much  insisted  on  by 
Galen  and  others,  still  in  all  the  Catalogues  of 
the  ephebi  coming  from  Roman  times  we  almost 
always  find  the  wcuSorpf^qs  given,  often  the 
dwovoiSorpf^qr,  but  there  is  no  mention  of  the 
yvfumtrrtis.  (See  the  Catalogues  of  the  ephebi 
in  a  I.  A.  iii.  1077-1275.) 

We  cannot  fix  with  certainty  the  details  of 
the  instruction.  For  example,  the  time  of  day 
at  which  the  physical  training  took  place, 
whether  all  the  boys  went  to  their  gymnastic 
exercises  in  the  afternoon,  as  Grasberger  (op.  cit. 
i.  292  ff.)  maintains,  or  whether  the  younger  and 
the  older  went  at  different  times — the  one  in  the 
momiuff,  the  other  in  the  afternoon — as  Stark 
and  GOil  hold.  The  arguments  on  both  sides 
rest  on  a  priori  grounds ;  Grasberger  insisting 
on  the  whole  tenor  of  ancient  life  being  to  work 
the  brains  in  the  morning  and  the  body  in  the 
afternoon,  and  that  such  is  the  natural  course, 
while  Stark  (notes  to  Hermann's  Privatalter^ 
thUmer^  §  36,  note  13)  is  satisfied  with  showing 
against  Grasberger  that  his  reference  to  Plato, 
LysiSf  223  A,  proves  nothing,  as  that  passage 
refers  to  the  special  occasion  of  a  feast.  Cer- 
tain it  is  that  children  went  to  some  sort  of 
school  very  early  in  the  morning  (Plato,  Legg, 
808  C ;  Thacyd.  viL  29 ;  LuDUS,  p.  95). 

The  actual  exercises  practised  in  the  palaestra 
were  running,  jumping,  wrrestling,  throwing  the 
spear  and  the  discus — which  formed  what  was 
called  the  PenUthlon  [Pemtatuloit]  ;  boxing 
and  the  pancration  were  mostly  confined  to  the 
gymnasium  (I.  MuUer,  /.  cX  though  in  a  milder 
form  they  were  perhaps  practised  by  the  boys 
too  (Blumner  in  Baumeiater,  /.  c).  But,  besides 
these  athletic  exercises,  the  wwJUorpi^s  was 
expected  to  train  the  boys  in  what  we  would 
call  calisthenics,  so  that  they  should  walk  pro- 
perly without  any  swaggering  (aofiw,  Dio 
Chrys.  Or.  xxxi.  651,  Reiske :  cf.  Alexis,  Frag. 
263,  Kock)  and  generally  have  a  graceful  car- 
riage. It  is  possibly  in  this  respect  that  we  are 
to  explain  what  Isocrates  says  (de  Antid.  §  181) 
that  yufu^eurruc^  is  a  part  of  waiter ptfiutfi.  The 
general  aim  of  the  exercises  was  that  the  boys 
should  be  fair  and  strong  in  body,  as  the  wcu8o- 
rpf/Sns  is  represented  as  saying  in  Plato,  Gorg, 


314 


PALUJA 


PALLA 


452  B,  T^  fpyop  /M^  i<m  koXo^s  rt  koI  urxvpobs 
voiclr  rohs  Mp^ovt  rk  trAfiaera.  There  is  a 
very  interesting  passage  in  Clement  of  Alex- 
andria {Strom,  pp.  823,  4,  ed.  Potter)  in  which 
he  tells  how  the  muZorplfifis  directed  each  several 
motion  of  beginners  {trxuv^^ff^*^  &Qd  ZiawXdff" 
ir%w  are  the  words  used) ;  more  forward  papils 
he  instructed  by  showing  (^wtZtuuf^t)  himself 
how  the  exercise  was  done,  while  to  the  most 
advanced  pupils  he  simply  told  (^potrrdrroi  i^ 
6y6fiaros)  what  exercise  was  to  be  performed. 

In  early  times  the  state  exercised  a  police 
control  over  the  palaestrae  in  the  interests  of 
morality,  Solon  enacting  that  the  schools  should 
not  be  opened  before  sunrise  or  kept  open  after 
sunset,  and  forbidding  grown  men  to  visit  the 
palaestrae  (Aeschin.  Timarch,  §§  9-12):  but 
this  law  soon  fell  into  abeyance,  as  may  be  seen 
from  the  Lysis  and  Charmides  of  Plato,  and 
from  Theophrastus's  account  of  the  Loquacious 
man. 

The  Greek  exercises  of  the  palaestra  never 
took  any  great  hold  on  the  Romans.  They  dis- 
approved of  them  as  leading  to  idleness,  and, 
owing  to  the  nakedness  of  those  who  toolE  part 
in  the  exercises,  to  immorality ;  and  besides,  they 
were  no  good  for  war  (Plut.  Quaest.  Bom,  40  = 
274,  25,  Reiske;  Senec.  Epist.  88,  18;  Plin. 
JSpist.  z.  40,  2).  But  still  they  were  practised 
a  good  doil  by  the  Romans,  sometimes  as  a 
preparation  for  the  bath,  but  generally  by  young 
men  who  wished  for  some,  but  not  for  very 
violent,  exercise  (Hor.  Sat.  ii.  2,  8  ff. :  cf.  Carm, 
L  8,  8;  m.  12,  7;  and  Strabo,  v.  236):  cf. 
Marquardt,  Privatkben  der  Rbmer^  120. 

But  the  word  '*  palaestra  *'  has  other  senses 
than  the  one  we  have  treated  of.  Haase  (in 
Ersch  and  Gruber,  s.  v.  Palaestra)  shows  that  it 
is  used  as  a  special  part  of  a  gymnasium,  as 
(at  least  in  Roman  times)  synonymous  with 
gymnasium,  and  also  in  a  metaphorical  sense. 
That  it  was  used  for  part  of  a  gymnasium, 
probably  the  part  where  wrestling  was  practised, 
can  be  proved  from  Hyperides  (Orat,  Att,  ii. 
p.  404,  ed.  Didot),  Plut.  (  Vit,  X  Oratt,  841,  27), 
and  perhaps  Lucian  {Parasit.  51).  That  it  was 
synonymous  with  gymnasium  in  Roman  times 
can  be  proved  from  Vitruvius  (v.  11),  who 
describes  a  gymnasium  and  calls  it  a  palaestra ; 
Plutarch,  too  (Syn^pos.  ii.  4  =  638,  21),  says 
that  the  place  where  all  the  athletes  exercise  is 
called  a  palaestra;  and  Pausanias  tells  us  (v.  15, 
8;  vi.  21,  2)  that  there  were  at  Olympia 
palaestrae  especially  devoted  to  athletes.  The 
wealthy  Romans  often  had  private  palaestrae  or 
gymnasia  added  to  their  houses  (Cic.  Att.  i.  10, 
3 ;  Verr.  v.  72,  185).  For  the  metaphorical  use 
of  "  palaestra,"  as  signifying  rhetorioal  academic 
oratory  as  opposed  to  real  public  speaking,  see 
Cic.  dff  Orat,  i.  18,  81 ;  and  for  elegance  in  com- 
position as  opposed  to  an  uncouth  and  unculti- 
vated style,  Cic.  de  Leg.  i.  2,  6. 

The  chief  works  to  consult  for  fbrther  in- 
formation on  the  exercises  of  the  Palaestra  arc 
Haase's  article  on  Palaestrih  in  Ersch  and  Gruber ; 
Krause  in  Pauly,  s.  v.  Gymnasium ;  Grasberger, 
op.  dt.  i.  244  to  end;  Hermann-Bliimner,  Or. 
PrivaialterthUmer,  341-351:  and  Mahaffy,  Old 
Greek  Education^  chap.  iii.  Detailed  accounts  of 
the  different  exercises  will  be  found  in  separate 
articles  summarised  in  the  Index.       [L  C.  P.] 

PALI'LIA.    [Pariua.] 


PALLA.  The/Ml/^  and  its  (vreek  counter- 
part, the  vc'vXof,  were  identical  in  shape  with 
the  pallivm'  or  Ifidrtow,  being  square  or  rect- 
angular shawls  or  plaids ;  but  while  the  pallnm 
was  worn  by  both  sexes,  the  palla  was,  originsllj 
at  any  rate,  confined  to  women.  It  was  worn  as 
it  came  from  the  loom,  generally  with  the  addi- 
tion of  embroidery,  but  without  any  alteration 
in  shape  at  the  hands  of  tailor  or  sempstress.  It 
is  usual  to  divide  the  modes  of  wearing  such 
garments  into  two  great  divisions :  first,  those 
in  which  they  are  loosely  thrown  round  th« 
body  [Amictus]  ;  and,  secondly,  those  in  which 
they  are  fastened  more  closely  and  securely  by 
means  of  pins  and  brooches  [Fibula],  and  at 
times  a  girdle  [Zona].  To  the  latter  class  u 
given,  with  somewhat  questionable  correctness, 
the  name  indumenta.  It  is  unwise  to  press  this 
division  too  far,  and  the  failure  to  perceive  that 
the  same  garment  might  be  worn  either  war 
has  led  to  much  needless  controversv  as  to  the 
use  of  words.  The  actual  modes  of  wearing 
dictated  by  fashion,  or  suggested  by  the  need> 
of  life,  were  truly  endless,  as  were  also  the 
differences  in  size,  material,  and  pattern  required 
to  suit  the  wants  of  woman  and  girl,  matron  sod 
maid,  rich  and  poor,  mourner  and  reveller,  in 
all  the  varied  pursuits  and  on  all  the  mao}- 
occasions  which  demand  a  special  dress.  Theie 
manifold  uses  are  reflected  in  language,  bat  the 
difficulty  in  determining  what  they  were  is  in- 
creased by  the  fact  that,  as  fashions  changed 
and  life  became  more  complex,  old  words  becsine 
obsolete  or  changed  their  meaning,  while  mw 
words  were  applied  to  garments  known  formerlr 
by  other  names.  In  no  case  is  it  so  truly  neces- 
sary to  bear  this  in  mind  as  in  that  o{  the 
wdwKos,  Its  derivation  is  uncertain,  bat 
Studniczka's  conjecture  that  it  is  a  redaplicsteJ 
form  of  the  root  seen  in  paUa^  pallimn,  and  jxUiSy 
is  at  once  plausible  and  satisfactory. 

In  Homer  it  is  used  of  the  chief  dress  of 
women,  which  is  also  called  ia^s  {H.  u\.  385; 
xiv.  178;  xxi.  507)  or  c/or^f  (i7.  xvi.  9);  bat 
from  their  use  in  other  passages  these  wonld 
seem  to  be  merely  epithets  (7/.  v.  734;  riii. 
385 ;   xviii.  352,  613 ;  xxiii.  254),  w^Xsf  being 
the  distinctive  name.     It  was  worn  next  the 
skin,  for  Hera  on  leaving  her  bath  put  it  on  first 
(77.  xiv.  178) ;  and  Athene,  when  she  dons  the 
shirt  ixn^^^)  t^i^d  armour  of  Zeus,  has  fint  to 
loose  the  brooch  at  her  shoulder  and  let  the 
wrrAot  fall  from  her  (77.  v.  734).    The  latter 
passage  shows  that  the  garment  was  not  a  sevn 
one,  like  the  shirt  which  the  men  wore  (x<^»f')> 
but  one  which  could  be  thrown  off  in  an  instant 
{Koerix^vty).    Everything  in  fact  goes  to  show 
that  it  was  worn  in  the  same  way  as  the  Doric 
shift  [Tunica],  but  fastened  below  the  shonlder 
just  above  the  breast  (cf.  xfMWfips  V  irrr^i 
Kork  arrjOos  weporoTo,  H.  xiv.  180);  a  mode  of 
wearing  which  is  admirably  illustrated  by  the 
figures  on  many  early  Greek  vases  («.  infra).  This 
method  of  wearitag  a  dress,  as  heavy  as  ones 
chief  garment  must  be,  has  the  obvious  defect 
that  it  throws  the  whole  weight  on  the  sbonlden. 
This  was  met  by  the  use  of  the  ginUe  [Z05a]. 
which  had  the  further  advantage  of  keeping  the 
open  side  of  the  ir^Aos  in  some  degree  closed. 
The  girdle  was  worn  universally,  and  is  sl^ip 
mentioned  when  details  of  the  toilet  are  given. 
£ven  such  apparent  exceptions  as  io  the  esse  of 


PALLA 


PALLA 


315 


Athena  (11  r.  784 ;  Tiii.  365)  do  not  imply  that 
it  wai  Bci  worn ;  nor  is  it  necessary  to  suppose 
that  when  Aphrodite  protected  Aeneas  from  the 
Greek  darts  with  the  wr^/ia  of  her  gown  that 
she  nceenarily  was  without  a  girdle  (//.  v.  315), 
for  wr^ypa  may  well  have  a  different  meaning 
(r.  ta/na).  In  many  cases  the  open  side  was  no 
4mibt  held  together  hj  a  row  of  brooches,  for  it  is 
inpoisihle  to  assume  that  the  twelre  golden  irtp^ 
pu  that  aoeompenied  the  wiwXot  which  Antinous 
presented  to  Penelope  had  any  other  use  {Od. 
zriiL  292).  Whether  the  irhrkos  still  further 
reMmUcd  the  Doric  shift  in  being  doubled  at 
the  top^  into  a  fold  falling  over  the  breast,  is 
net  clear,  though  this  is  rery  possibly  the  mean- 
is;  of  wr^jfM  in  the  passage  quoted  abore. 

What  little  knowledge  we  have  of  the  fashions 
of  the  ladies  of  Epic  times,  and  the  way  in  which 
they  W0I9  their  gowns  most  becomingly,  is 
giTcn  by  the  epithets  which  the  bard  applies 
to  fiur  women.  We  learn,  for  instance,  that 
erea  though  their  robes  were  long  and  swept 
the  ground  (lAjrc^iWa-Xoi,  JL  ii.  442 ;  x.  185), 
they  did  not  hide  the  charms  of  a  neat  ankle 
(tikfvpoty  Hesiod.  ITteogn,  254,  961;  Scut, 
Bert,  16,  86 ;— «aAX/(r^vpof ,  //.  iz.  557,  560, 
xir.  319;  Orf.  v.  333,  zL  603,  &c.;— and 
rvUfufot^  Hynuu  m  Cer.  2,  77)  any  more  than 
those  of  their  snow-white  arms  (AcwniAcyof, 
fossua).  Epithets  referring  to  the  nice  adjust- 
ment of  the  girdle  are  common,  but  are,  with 
the  exception  of  ci^o»ror  and  icaAAi(«ros,  very 
obscure,  and  those  cannot  be  said  to  give  us  any 
rcry  definite  information.  Bq06(»woi  is  difficult 
to  explain,  though  it  certainly  cannot  mean  that 
the  Homeric  ladies  wore  their  gowns  with  thick 
folds,  hanging  orer  a  low-girt  girdle,  in  the 
stjlc  of  a  kter  age  (best  seen  in  the  Parthenon 
marbles).  It  rery  probably  refers  to  slimness 
of  waist,  which  was  beyond  any  doubt  looked  on 
ss  beautiful.  (This  is  possibly  the  point  of  the 
eomparison  of  the  waist  of  Agamemnon  to  that 
of  Ares,  IL  it  479.)  Neither  does  /3d0^iroAiror 
refer  to  th«  fashion  mentioned  abore,  as  seen 
in  the  Pheidiac  statues,  but  rather  expresses  the 
poet's  admiration  for  a  well^moulded  bust  (//. 
rriii.  122;  xziy.  315,  &c).  The  wcrAor  was  some- 
times richly  embroidered  (//.  vi.  294;  Od.  xr. 
107);  indeed,  to  judge  by  the  frequency  of  the 
epitbets  toIcjAos  and  «am«Y»Jir<Aos,  it  was  seldom 
vithout  this  kind  of  ornament.  The  cloth  from 
vhich  it  was  made  seems  to  have  been  of  the 
brightest  colours, — saffron  (*H^f  Jcpoa^evAof, 
iZi  riiu  1  et  pauim),  purple  (^Hymn,  in  Cer,  182, 
360;  Hesiod.  Theogn,  406),  and  flaming  red  (if 
ve  may  trust  the  description  of  Aphrodite's 
lobe^  faittw^€po$  wiip6f  tiy^s.  Hymn,  in  Ven. 
36).  The  material  cannot  have  been  anything 
else  but  wool,  for  no  other  stuff  would  be 
sufficiently  warm  for  such  an  important  gar- 
meat,  neither  is  it  likely  that  linen  would  be 
embroidered  as  the  riwAos  was.  Besides,  if  we 
nwy  take  the  goddesses  Calypso  and  Circe  as 
examples  of  the  fashions  of  the  time,  the  linen 
ountle  (^^f),  which  the  men  of  Epic  times  wore 
ss  an  over-garment,  was  used  as  a  dress  girded 
round  the  waist,  and  probably  was  also  pinned 
*t  the  shoulders  in  the  same  fashion  as  the 
WvAm  {Od.  Y.  230,  X.  543;  cf.  Hesiod,  Op.  198). 
Etcd  if  this  passage  does  not  allow  us  to  argue 
thst  the  women  of  the  time  wore  the  ^apos,  we 
lisre  the  account  of  the  dancing  maidens  on  the 


shield  of  Achilles  (i7.  xriii.  597),  who  wore 
linen  raiment,  though  we  are  not  told  in  what 
way. 

Besides  being  a  lady's  garment,  the  w^vAof 
appears  in  the  Homeric  poems  as  a  covering  for 
chariots  (IL  y.  193)  and  seats  (Od.  vii.  96X  and 
also  as  the  purple  pall  in  which  the  golden  urn 
that  contained  the  ashes  of  Hector  was  wrapped 
(II,  xxiy.  795).  It  was  for  these  reasons  and  for 
the  richness  of  their  ornament  that  the  v4it\oi 
form  such  a  large  part  of  the  treasures  of  the 
household,  and  that  they  were  acceptable  pre- 
sents (Od.  xTii.  292 ;  cf.  //.  xir.  178X  forming 
part  of  Hector's  ransom  (77.  zxir.  229),  and 
being  the  choicest  gift  that  could  be  offered  by 
the  Trojan  women  to  the  patron  goddess  of  the 
town  (IL  ri.  90,  271).     [Donauia.] 

Of  the  changes  which  Greek  dress  underwent 
during  the  ages  which  followed  that  of  the 
Epic,  we  can  Team  but  little  from  literature. 
We  gather  from  the  occasional  protests  of  the 
lyric  poets  and  the  rigorous  measures  of  the 
lawgivers  that  the  influence  of  Oriental  luxury 
was  erer  on  the  increase.  It  is  not,  howeyer, 
until  this  luxury  had  given  way  to  the  healthy 
reaction  which  followed  the  Persian  wars  that 
we  can  get  contemporary  information  about  the 
costume  of  the  times.  Then  we  find  that  the 
v^irAor  was  no  longer  an  eyery-day  garment^ 
but  the  characteristic  robe  of  hero  and  god  on 
the  stage,  or  in  poetry.  It  occurs  yery  fre- 
quently in  the  Attic  tragedians,  but  always 
with  an  indefinite  meaning,  as  indeed  we  might 
gather  from  the  frequency  with  which  the 
plural  and  the  word  ir4w\»fia  are  used.  In 
Aeschylus,  for  instance,  we  find  that  not  only  is 
a  woman's  robe,  be  it  woollen  or  linen  (Choeph. 
25;  Suppl.  Ill ;  Fere.  125),  called  ir^Xos,  but 
that  men's  clothing  also  bears  the  name.  So- 
phocles uses  the  word  with  equal  laxity,  while 
Euripides  makes  it  a  word  for  clothes  in  general, 
using  it  for  the  oyer-  not  less  than  the  under- 
garments of  both  men  and  women.  In  all 
literature  subsequent  to  the-  tragedians  the 
word  occurs  in  the  same  loose  way,  with  one 
yery  important  exception ;  that  of  the  WirAor 
which  was  each  year  carried  in  the  Panathenaic 
procession  on  a  mast  to  the  Parthenon,  where  it 
was  solemnly  presented  to  Athena  Parthenos. 
[Arrhephoria  ;  Panathenaea.]  This  robe  waa 
embroidered  with  scenes  from  the  battles  be- 
tween the  gods  and  the  giants,  in  which  Athena 
took  a  prominent  part  (Eur.  ffec.  466-474,  cf. 
/on,  184  ff.).  There  can  be  no  doubt  whateyer 
that  this  robe,  as  is  usual  in  the  case  of  such 
ancient  cults,  went  back  as  regards  texture  to 
yery  early  ages,  in  fact  in  all  probability  prior 
to  the  Homeric. 

By  a  fortunate  coincidence  we  are  able  to 
date  approximately  the  disappearance  of  the 
viv?ios  at  Athens.  Herodotus  (y.  87,  88)  tella 
us  that  the  women  of  Athens  gaye  up  the 
archaic  dress  of  Greece,  which  resembled  the 
Doric,  and  adopted  the  Ionian,  in  order  to  be 
able  to  dispense  with  the  use  of  the  fibula.  The 
occurrence  which  brought  this  change  about  waa 
the  murder  of  the  only  man  who  returned  from 
the  disastrous  expedition  against  Aegina;  and 
as  this  took  place  in  the  first  half  of  the  sixth 
century  B.a,  we  haye  an  approximate  date  for 
the  change  in  question,  eyen  if  we  discard  the 
story  as  a  fiction.    This  rough  date  is  moreoyer 


FALLA 


3id 

tioioe  out  b;  the 

mcnta;  ithu  m  far  bten  impouible  to  ncagnin 
the  ir^Aoi  ID  anj  of  the  abject!  found  it 
Hisurlik,  Hyceiue,  Archomeaoi,  and  Tirynt; 
bnt  thi>  doe*  not  preclude  the  ponibility  at  its 
having  beca  worn  >t  that  age,  far  the  object* 
are  in  DUnt  catea  of  m  rortigo  origin.  The  fact, 
boveveT,  that  bo  fibulae  vera  Among  the 
Dumtroiu  ornameDti  round  in  the  grafei 
Ujcenae  wonld  teem  to  cut  a  donbt  on  iL 

In  the  cnTCt  of  a  later  date,  inch  ai  tboie  of 
the  Dlpjlon  and  Phalenm  at  Athena,  and  of 
Aasarlik  in  Carta,  fibnlae  have  been  found  in 
large  quantitief.  Unfortonatetf  tbe  tigar 
the  pottery  of  thii  age  are  too  mde  to  gii 
any  idea  of  the  coitnine  of  the  time  in  « 
the;  were  uied.  It  ii  In  fact  on  the  early 
"  bfack-lignred  "  ware  fh>m  Atheni  and  Corinth 
that  we  are  firgt  abla  to  find  a  garment  aniver- 
ing  to  tbe  Homeric  detcription.  Thii  ji,  per- 
faapa,  beat  aeea  on  the  ligurei  of  the  famous 
Fraa^ii  Tue  (now  In  Flonnee),  which  repre- 
■aot  the  women  ai  wearing  an  a  '  '  ' 
tbe  Doric  ihirt,  which,  in  moit 
onlj  garment.  It  ia  faatened  not  abore,  but 
below,  the  ihonldw  (laai  rrqfai)  with  a  large 
fibnla  of  ucbaic  pattern.    Thia  ii  well  ihonm 


*•<»  pA 


HtlTM.  (PniD  Fran9oIi  TMa.) 
hj  the  reprefentationi  of  Moirac.  Other  raiei 
prove  that  thii  garment  wai  open  down  the  tide ; 
for  initance,  a  Cflii  of  the  Taio-painter  Xenoclei, 
ahowipE  Palriena  ai  ihe  fllei  &om  Achillea, 
with  the  whole  leg  diiplaycd.  The  ityla  of 
theie  TBiai  proTo*  that  thii  OMtume  wai  at 
leait  ai  old  ai  the  ierenth  centurj  B.e.,  and  it 
continue!  to  appear  In  all  the  vue-paintingi  of 
the  "bhu^-figared"  ityle.  When  thia  itfle 
wai  gireanp  and  the  "  red  fignra"  wai  adopted, 
other  fbrmi  of  female  garment*  are  leen  in  the 
painting*,  and  thii  archaic  wiwftat  diuppean. 


FALLA 

If  the  lateit  iTitem  of  dating  i*  correct,  thii 
change  of  ityle  in  rawonuunentation  took 
place  not  later  than  tbe  middle  of  the  tilth 
centuiT  B.& ;  and  ai  thii  agreea  exictlj  with 
what  Uerodotui  tetli  u*,  we  majr  accept  it  aa 
certain  that  it  wat  then  that  the  *i*)ias,  or 
archaic  dre**,  wai  given  ap  by  the  women  of 
Athens.  The  itataet  of  the  latter  half  of  th« 
tilth  century  lately  discoTered  on  the  Acropolit, 
and  the  Tau-paintingi  of  the  tome  period,  show 
clearly  enough  bow  the  trantition  took  place. 
The  characteriitic  of  all  these  itatnea  and 
figure*  i)  that  they  wear  over  their  linen  chiton 
a  mantle,  which  ii  fanned  or  faatened  at  one 
thonlder  and  panea  nnder  the  left  arm.  H  fit* 
closely  to  the  form,  and  the  top  ii  donbled  OTer 
into  a  laid,  lO  that  it  la  nothing  bnt  a  IXorie 
ihift,  with  tbe  brooch  at  one  ihoulder  looeened 
and  the  aim  thored  oat.  It  i*  in  bet  the 
v^Aoi  worn  over  the  linen  or  Ionic  Aitt,  and 
without  a  girdle.  The  reaembUnc*  i«  made 
itill  greater  by  the  fact  that  it  i*  genervllj 
richly  emhioidered.  Uowerer,  in  this  form  it 
hai  lost  ita  old  name,  and  wu  known  aa  t/id- 
Tiov  [PaLLiim].  It  wai  noted  abore  that  the 
•wiwkos  of  Athena  wai  retained  In  tbe  original 
meaning  of  the  word  throngbout  tbe  whole  of 
antiquity,  and  thia  i*  *trikingly  borne  ont  by 
the  aitiitic  tradition  Men  in  the  itatue«  of 
Athena.  In  nearly  all  tbe  oldeet  repreMnta- 
tiont  (m.  in  the  metope  fVom  the  oldeet  temple 
at  Selinnt  and  on  the  Bnrgon  nie)  ihe  it 
clothed  Jn  the  garment  described  in  Homer  aod 
*ha«n  on  theTaaea.  The  nme  type  wa*  adopted 
by  Pheidiai  for  hli  Athene  ParthcDos,  an  we  tee 
by  the  numeroua  reprodactiaoi  of  it  tiiat  have 
come  to  light.  The  best 
of  these  is  the  itatuet 
foond  at  the  Varrakeiti 
near  Athens,  an  accurate 
Boman  copy  of  the  great 
original.  Even  in  Hel. 
leotitic  art  it  Is  often 
retained  as  the  charac- 
teristic garb  of  Athena 
(t.g.  "Minerre  an  col- 
lier** In  the  Umrny. 

[The  view  as  to  the 
nature  of  the  WrAm 
taken  abore  is  that  Gttt 

Sropounded     by      Frant 
tndniezka  in   his  Bei- 
trSgt  lur  OeacAwAt*  der 
attgntcAiKini       TVncU, 
p.  93  ae;.  (Wien,  1BS5). 
it  has  been  accepted  by 
UelhiginAu^OAWrwcAs  e 
£p«(I.eipiig,188T),and  V 
hy  Iwan  Hiilter,  Hand-  ' 
btiAdtrAIattiKAai  Alter-  ' 
IkuBwelutTi  Khaft,    Band 
IV.  (Nordlingen,  18a7>] 

P<dla,  tboagh  it  denotei  a  genuinely  Eomu 
garment,  is  lued  as  the  tranilation  of  Wvhtt 
(Serr.  ad  Am,  i.  4T9),  (or  peplui  and  peplum  are 
artificial  forms  which  wen  never  nstoraliied. 
Used  aa  a  translation,  It  ia  par  txedleitet  Ihe 
garb  of  heroic  penoniget  on  the  tragic  stage 
(cf.  Hor.  A.  P.  279,  "personae  pallaeqne  re- 
pertor  honeatae;"  Aeachylni;  and  Hilton,  It 
Ptntmto,  "  Tragedy  in  sceptred  pall  ">  Closely 
connected  with  Uiii  ii  iti  um  in  poetry,  when 


PALLA 

it  a  worn  Bet  (mlj  bf  godt  uid  goddtuo,  but 
ij  idjthieal  figam  ia  geaenl.  In  both  cas«i 
hi  mcuing  ii  quite  u  Ti^e  u  that  oT  wirkai 
m  Attic  tngedT  (■•  nipn).  Tb«  ganncDt  iticlf 
ni  I  netuignlar  piece  of  cloth  (liidor.  xii.  25), 
vUeb  conld  be  irom  either  u  k  dreu  or  a 
itnwl,  irhicb  at  timei  umd  the  parpoiei  of  a 
nrtvn  (Sen.  dir  /ni,  22,  2). 

Ibi  Dotiee*  in  lilenture  giro  tu  bat  little 
Miifkctozy  iufoniiBticni  u  to  the  TarJoas  wevi 
a  whiefa  it  wai  worn,  owing  to  the  bet  that  in 
Ttrj  many  cae«  (ef .  in  Plantue)  it  ii  impoul- 
Ht  lo  Bj  vhethcT  B  Greek  or  a  Roman  germent 
B  nniit.  Thii  ditScoltj  bai  given  tiie  to  a 
cmtroreny  which  hu  raged  aiuce  the  time  of 
BnUnios  and  Ferrarioi,  ind  caaaot  be  laid  to 
t>ii«  yet  come  to  an  tad.  Tbit  the  original 
ny  of  wearing  it  wai  practically  the  aame  ai 
tlkit  of  wearing  the  Doric  ehifl,  may  be  ngaided 
u  artaio,  far  Tairo  inclndei  it  among  the  gar- 
Dinti  fiui  maatia  ninl  (L  L.  t.  131),  and 
lien  a  good  Teaun  to  beliere  that  it  took  the 
plue  of  ■■  archaic  garment  of  eomewhat  the 
Bmi  dupe,  bnt  «f  a  imaller  aiie,  which  lut- 
TiTtd  nntil  daaaiad  timei  in  a  ceremsniil  dreu 
ailed  the  filciEllUM.  Whether  the  palla  con- 
tiantd  to  be  worn  ai  a  ihill  after  the  introdno- 
tioG  sf  the  tunica,  moat,  at  the  preKnt  itate  of 
our  knowledge,  remain  nndecided.  Uarqnardt 
{Priiatltiai,  p.  5T9)  maintuni  that  it  did, 
repporting  hia  Tiew  bj  an  appeal  to  the  phraiee 
tBKD-paUmm,  tuniau  pallium,  and  tuniaa  pal- 
Ma,  and  to  itatnei  found  at  Uercolnneum. 
The  Aatnea,  howcTcr,  are  Greek,  not  Roman, 
vkile  the  phniei  are  only  nied  by  late  com- 
DmUlan,  and  mnit  be  referred  to  paBtum  and 
set  to  palla.  Even  the  palla  pida  which  WR) 
wot  by  the  aenate  cum  amicvio  purpurea  (LiT. 


FALLA 


317 


ii.4)d«« 


It  that  ti 


I  an  undergarment,  for  it 
a  rtpwarpii  of  the  ityle 


n  underf 
ii  pnbable  that 

'  n  M>  fuhionable  at  Alexandria.  Howevi 
thii  may  be,  it  i>  ae  a  sliavi],  coTering  the  $tola, 
tbit  we  hear  of  it  in  clauical  timea,  wben  it 
look  the  lame  place  in  the  dreu  of  women  Aa 
Xhi  lo^  did  in  that  of  men.  When  thna  worn, 
it  wu  thrown  over  the  lefl  ihonlder,  drawn 
Krau  the  hack,  brought  either  OTer  or  under 
the  right  ihonlder,  and  tacked  round  the  body, 
ni,  meaner  of  wearing  it  ie  well  ducribed  bj 
Apnleiat  (Jfri.  li.  3):  "Palla  nigerrima  iplen- 

nb  dtitrum  latui  ad  nmernm  tiCTum  recur- 
ft™,  nnbiftiia  ricem  dejecta  parte  laciniae 
aoItipUci  contabutatione  dependnla  ad  ultima) 
■ra"  Dodalia  fimbriamm  decoriter  confiuebat." 
Von  Ihoa,  it  waa  practically  identical  with  the 
Wriu  [HaLUDN],  and  wai  the  outdoor  dreu 
"'i^  nipectBble  women  <Hor.  Sat.  i.  2,  ST; 
S™.  Tnad.  91:  cf.  Mart.  li.  104.7,  where  it 
i- oiled  paJJwm),  aj  well  ae  by  girli  (Tib.  iv.  2, 
'U  Ai  a  woman*!  ihavl  it  aeema  to  have, 
^^e  the  toga,  become  nn<aihioiiab1e  under  the 
"•Fif  i  and  we  find  that,  CTen  in  the  time  of 
liUriiB,  Ceecina  inveighed  againit  the  change 
(TtttsU.  de  Pall.  4).    In  the  third  century  it 

m,  for  it  ii  not  mentioned  by  Ulpian,  nor  i> 
|t  hi  the  lilt  giren  in  the  edict  of  Diocletian. 
^  pnnenle  whi  ' 


especially  the  portrait  itatnea  of  the  Empi^, 
it  frequently  appean  nied  ai  a  ihawl,  wrapped 
round  the  body  ae  described  aboTe.  Nowhere, 
however,  do  we  find  any  lupport  for  the 
auumplion  that  it  wa>  lometimeii  girded, 
which  lome  bate  on  the  nae  of  taccincla  in 
Hor,  Sal.  i.  8,  23 ;  Verg.  Am.  *i.  SS5,  On 
the  monumente  the  palln  ii  eaiily  recogniied 
in  the  mantle  wom  by  Roman  women,  though, 
eicept  in  the  caae  of  certain  portrait  itatuet 
and  relief),  there  muit  be  alnaye  a  doubt 
whether  the  garment  ii  Greek  or  not. 


The  model  of  wearing  it  are  ver. 
but  in  all  a  third  part  ii  thiown  over  the  left; 
ihonlder  from  behind,  and  the  garment  drawn 
>nnd  the    body,  coTcring  or  leaving  free     ' 


ight 


rapped 


ightly  round  the  body  that  the  end 
once  mora   orer     the    lefl   ihonlder    rrom    tne 

head,  to  eerrtf  either  as  a  veil  or  ai  a  protection 
againit  the  weather.  In  nearly  all  caie)  it  i)  a 
rectangular  piece  of  cloth,  the  dimeneion)  vary- 
ing very  coD)iderabIy.  In  tome  few  jnatancei, 
however,  it  ruemble*  the  toga  in  having  one  of 
its  eidea  cut  in  a  circular  fonn. 

Palla  ii  alio  oae  of  the  namea  given  to  the 
Xtrltv  ifBorrSiun  (tunica  (otorii),  which  with 
the  xKojtit  fbnned  the  convention  j  coitume  of 
the  Citharoedna  (cf.  Auctortu/  Bermn.  iv.  47, 
60  ;  Apnleiui,  Flori±  2,  15).  Thii  had  no  real 
connexion  with  the  pnJta,  being  a  long  sleeved 
tonio  girded  high  above  the  waiit;  it  wae  alio 
known  ai  atola  and  vipiia.  Statnei  and  ralief) 
repreeenting  dtharoedi  (eipecially  Apollo  Citha- 
roedna) are  clad  in  thia  robe.  The  beat  known  of 
theae  worka  ia  the  aUtue  of  Apollo  Citharoedna 
in  the  Vatican.  Uartial  (i.  93}  mentiona  a 
gallka  palla,  but  thia  ia  a  ebort  jacket  (>'  Dimi- 
diaiqae  natea  gallica  palla  tegit "),  which  leeais 
to  hsva  been  pecnliar  to  Gaul,  and  ia  deacribed 


bj  Strnbo,  iv.  p.  196,  (n^hTOi)  irrl  S)  xnAtwr 


ApoUadUuKHliB.    (Fnm  iha  VaUcu.) 

[RefercDces  to  th<  earlier  litentnro  will  be 
foaod  in  Marqurdt,  Pn'mtUm,  p.  576  if. 
A  critidtDi  of  Marqaardt  is  given  in  Goll') 
edition  (ISSS)  of  Becker'i  Qallu,,  p.  258  tf. 
The  belt  accoont  of  palia  =  x'tikv  ifitairrdlioi 
ia  Id  Stephani,  Comptt-Emiht,  1875,  pp.  102- 
153.  For  the  monumenti,  lee  Muller  in  Bau- 
welster's  Ltntmdier  da  UeuiiiiAen  Mtertiami, 
a.  r.  TwB.]  m.  C  F.  A.] 

FA'LLtmiL   At  all  period*  of  Greek  life  tBe 
charactarktic  outdoor  garment,  both  of  men  and 
voroen,  vat  a  mantle  or  ihawl,  cooiisting  of  a 
rectangular  pieco  of  cloth.    Sach  mantlei  Tere 
knowD  generally  ae  iwiB^Aiuera  or  wtfifittiiiora, 
or  more  ipedallj  aa  liub-ta.     'liidrar  it  derired 
fVom  the  root  Fit  or  is  (cf.  tieita).    The  cogna 
wordtlfiB  ii  uied  ia  Homer  of  cloEhei  in  genera 
and  Ftfia  oceun  in  the  celebrated  inifriptii 
flrom  Gortjm  in  the  sante  tenie.    The  carlj  form 
ttiidrior  it  found  in  an  ioKription  from  Andaoia 
(Kttenberger,  No.  388, 16\  nitli  which  tudi 
in  another  inicription  (Roehl,  I.  0.  A.  305  a) 
nuf  be  compared.    The  older  sen>e  of  the  word, 
meaning  "raiment,"  wai  retained  in  the  plural 
at  all  peHoda  of  Greek  literature. 

Apart  from  the  name,  the  use  at  the  cloak 
ihawl  i),  at  hai  been  ihown  in  the  article  Paixa, 
aa  old  at  the  art  of  wesTing.  The  garmenti  of 
men  no  leu  than  women  were  woTcn  on  the 
domeitic  loom,  TmjyiiJra  x'f^  yaniKmr,  and 
all  of  the  eame  rectangular  ehape.  Ai  a  conte- 
qaeace  the  sole  dilference  between  the  dreu  of 
men  and  that  of  women  laj  in  the  liie  and 
material,  but  not  in  the  ihape  of  their  garmenti. 
The  earliett  method  of  wearing  each  clothea  ii 
nndaubt«d1]r  at  a  cloak  faitened  round  the  body 
with  a  pin  or  claap  and  a  girdle.  Thii  wai  the 
dreaa  of  woman  in  the  Homeric  age  [PaLla], 
but  men  had  alraodj  at  that  time  adopted  the 


PALLIUM 

linen  ahirt  aa  an  nnder-garment.  Soma  attempt 
made  to  gather,  from  the  rapre- 
>bjectt  found  at  Ufocnic  and 
other  early  litea,  the  natnre  of  pre-Homeric 
dreit,  but  the  Greek  character  of  thsae  which 
are  clear  enough  to  gire  definite  informalioD  ia 
too  doubtful  to  allow  of  eren  the  moit  gcoersl 
codcIdhoui.  Other  altempla  to  tettle  the 
qaeation  by  an  appeal  to  %yptiaD,  Aityriao, 
and  Phoenidan  monumanta  haTe  been  made,  bat 
ha»e,  at  the  prewnt  atate  of  our  knowledge,  no 
terloni  conaideratioo.     In  Homer,  the 


r  man  it  a  mantle,  w 
■  ;  Tn- 


"(X" 


women,  on  the 
other  hand,  an 
clad  in  thev^Aai, 
but  the  reilt  whioh 
are  worn  orer  tbit 

■t  Ihai 

tlea.    There  ci 
no  doubt  tl 
the    x^iura 


it  that  both     / 
tMoia      and    \ 


angnlar  piecet   of 


ting  or  aewiog. 

Tlie  x^xuta  [La- 
EUa]  wai  of  wool, 
and  had  a  thick 
nap  (aCAi),  II.  i. 
134).  Thoae  worn 
by  great  folk  were 
dyed  red  (II.    loc 

■       "'     *  .  500, 


cit.;  Od.  li 
xxi.  118),  or  pur- 
ple (Ckl.   iT.  115, 
154ixix.S25),bnt 
it  waa  the  ditm  of 

ten  than  the  rich, 
for  it  wai  worn  bj 
the  swineherd  En- 
maeu.  (04  rir. 
529)  and  by  the 
aerranta  of  F*n*> 
lope'i  anitora  (OdL  i 
IT.  331).  It  wai 
faateued  round  (he 
neck  vrith  a  brooch  o 
at  the  brooch  it  not 
potiible  that  it  may  alas  hare  baea  worn 
without,  aimplf  wrapped  round  the  body.  Two 
fonni  of  it  are  mentioned,  the  lint  the  hrXot- 
let  x^B^w  (^-  ^liT.  329),  the  latteo'  the 
Y\a:m  tiw\^  ill.  I.  134;  Od.  ill.  225). 
There  can  be  little,  if  any,  doubt  that  th* 
latter  form  it  the  tame  aa  ibt  tfvAsf,  a  gar- 
ment often  mentioned  (II.  iii.  123,  iiii.  440; 
0±  lii.  245);  the  only  difference  between  tlie 
BIrAa{  and  the  vAwm  being  that  the  former  it 
the  latter  douhled.  That  the  older  commm- 
taton  were  wrong  fai  nndentanding  the  diSkr- 
ecce  to  be  one  of  pattern  it  ahown  1^  a  paaaag* 
in  the  Odytaey  (lili.  324),  when  AtheiM,  di>- 
guited  at  a  janlJ>nil  afaepherd,  b  deacribtd  aa 


a  (Od:  ill.  226),  and. 


AcvAaM  M/BftUkOiwif 


PALLIUM 

liTTwxo^  ^^^*  diuuffiw  tx»9  €V9py4a  K^mirf  \ 
nhich  showi  that  it  Uy  in  the  folding.  It 
mifht  he  thought  perhaps  that  the  Uttvxos 
Xmw^  is  a  diflFerent  garment,  hut  there  is  no 
raftsoD  to  snppoae  that  it  has  any  more  definite 
OttaiBg  than  the  later  Xmtos  :  it  is  in  fact  a 
general  woid  for  clothing.  The  HtKo^  may 
kare  been  larger  than  the  simple  x^culra :  but 
from  the  analogy  of  the  use  of  shawls  it  seems 
Riwoable  to  suppose  that  the  same  garment 
coold  be  used  either  way.  The  larger  size 
vedd  be  a  sample  explanation  of  the  fact  that 
tlie  UwXa^  was  occasionally  highly  ornamented. 
Tkos  Helen  (IL  UL  125) : 

Itryoy  lot^  v^euM 

aad  Andnnsache  (77.  xzii.  440)  wove  a  ZlvXa^ 
vith  a  pattern  of  9p6wa  roUtXa,  though  what 

these  were  it  is 
impossible  to  de- 
termine. 

^opofisaword 
of  disputed  ori- 
gin. Cnrtins  de- 
riTes  it  from 
^cp«,  but  Stud- 
niczka,  following 
Krall,  prefers  to 
derive  it  from 
the  old  Egyptian 
p(h)aarf  meaning 
''a  winding 
sheet,"  while 
Fraenkel  pro- 
poses the  Semitic 
root  a/or  (or 
dfar),  but  these 
are  from  the  na- 
ture of  the  case 
only  conjectures. 
Whatever  its  de- 


PALUUM 


319 


^M.    (Fhnn  Fnofols  vsse.) 


riratioB  may  he,  the  word  iB  used  in  Homer 
» t  geaeral  sense,  referring  to  a  textile  fabric 
kt  iromen's  garments,  swaddling  clothes,  wind- 
ing sheets,  and  as  a  substitute  for  sails  (and 
ia  a  more  special  sense  for  a  man's  garment). 
"ntcM  different  uses  lead  us  irresistibly  to  the 
^oBcInsion  that  the  material  was  of  linen,  not 
vool;  and  this  b  fully  confirmed  by  the  epi- 
theti  ifyi^s,  Xffvr^f,  nyy^rcof,  and  ifheKtfphs 
applied  to  it,  all  of  which  are  appropriate  for 
lioen,  but  not  for  wool. 

The  description  of  the  ^pot  which  Penelope 
^WH  (ML  xziT.  147)  is  also  only  applicable 
^  liacn.  As  a  man's  garment  it  was  worn  in 
pl*ce  of  the  xAA<i>a,  by  the  prin<xs  and  men  of 
ivik,  never  by  the  poor  or  ordinary  folk.  It  is 
^  vom  by  both  Oalypso  and  Circe,  and  it  is  a 
■Mt  point  whether  tlus  implies  that  ladies  ever 
*^  it.  The  epithet  /i^ya  would  seem  to  imply 
^t  It  wu  larger  than  the  x^o!u^^  It  does  not 
*>m  to  have  been  worn  double.  It  was  dyed 
Fwp»e  in  OdL  vuL  221. 

Of  the  way  in  which  the  mantle  was  worn  in 
^^  *t»  which  followed  the  Homeric,  literature 
p^  as  but  little  information.  The  garments, 
aewtrer,  mentioned  in  Hesiod  and  the  Hymns, 
vc  the  saoM  as  in  Homer,  and  there  is  nothing 
to  ]e«d  one  to  suppose  that  the  fashion  of  wear- 
ag  them  had  changed  in  any  essentials.    The 


sad  want  of  any  notices,  except  the  most 
general,  in  the  Lyric  poems.  Is  much  to  be 
lamented,  for  they  lived  in  an  age  when  great 
changes  in  costume  were  taking  place,  as  may 
be  learned  from  many  protests  against  the  grow- 
ing luxury,  and  from  the  repressive  enactments 
of  early  codes.  It  is  not  indeed  until  Thucydides 
that  any  clear  account  of  the  nature  of  this 
change  is  to  be  found.  He,  in  his  prefatory 
sketch  of  Greek  civilisation  (i.  6),  distinguishes 
broadly  three  periods :  (1)  that  when  weapons 
were  worn  in  ordinary  life  (rod  iri9ripo4>optiv) ; 
(2)  that  of  a  leisurely  mode  of  life,  when  ease 
and  luxury  were  possible  (rrjs  hvuiUvjis  9ud- 
^'))  (^)  ^^<^^  o^  moderation  in  dress  (rijr 
firrpiea  iffBrrros).  The  Athenians,  he  says,  were 
the  first  to  give  up  wearing  arms  and  to  adopt 
the  leisurely  mode  of  life,  while  it  was  the 
influence  of  the  Spartans  that  brought  about  the 
revolt  against  luxury  and  the  return  to  sim- 
plicity of  the  third  period, — a  reform  which  took 
place  in  the  middle  of  the  fifth  century ;  for  he 
adds  that  it  was  not  long  since  elderly  gentle- 
men in  easy  circumstances  gave  up  the  long 
linen  shirt  (which  the  Ionian  still  wore)  with 
the  archaic  head-dress — a  remark  which  is 
borne  out  by  the  mockery  in  the  Knights  of 
Aristophanes  (425  B.G.)  of  the  ancient  costume 
(Ar.  Eq.  1323  and  1331).  This  of  course  only 
applies  to  the  dress  of  men,  but  Herodotus 
(v.  87,  88)  informs  us  that  about  the  middle  of 
the  sixth  century  the  Athenian  women  gave 
up  the  old  woollen  shift  and  adopted  the  linen 
one. 

In  both  cases  it  is  very  important  to  remember 
that  the  changes  described  took  place  only  with- 
in a  restricted  area,  some  of  them  in  fact  only 
at  Athens.  Thus  the  old  irtirAos  of  wool  was 
still  worn  in  the  Peloponnese  in  the  sixth  century, 
and  that  of  linen  in  Ionia  during  the  fifth; 
while  in  the  more  out-of-the-way  parts  of  Greece, 
in  Aetolia  and  Thessaly,  the  costumes  were 
probably  almost  the  same  as  in  the  times  of 
Homer  and  Hesiod.  All  these  changes  can  be 
traced  with  the  greatest  distinctness  in  the 
monuments  of  the  art  of  the  seventh  and  sixth 
centuries  B.C. 

The  most  important  of  these  remains,  both  as 
being  the  most  numerous  and  as  giving  the  best 
representations,  are  the  vases  of  the  black- 
figured  and  early  red-figured  styles.  Next  to 
these  come  statuettes  of  bronze  and  teiTa-cotta, 
and  reliefs  in  stone  or  metal  plate.  Least  im- 
portant are  the  statues  in  the  round ;  for  these, 
if  male,  are  mostly  nude,  and,  in  any  case,  are 
of  a  too  conventional  type  to  be  good  evidence. 
In  the  earliest  of  these  monuments  we  find  the 
men  clad  either  in  a  long  shirt  with  a  mantle, 
with  its  ends  hanging  in  front  at  an  equal  length 
from  each  shoulder,  or  without  shirt  and  in  a 
mantle  folded  double  and  thrown  over  the 
shoul3ers  In  the  same  symmetrical  way.  The 
former  is  worn  by  old  men  generally,  and  by 
others  in  a  time  of  peace;  the  latter  is  the 
costume  of  youths  and  warriors. 

There  can  be  little  doubt  that  the  long  mantle 
u  the  xAcuro,  most  probably  worn  in  the  same 
way  as  In  Homeric  times.  The  doubled  mantle 
may  perhaps  be  the  8(vXa|,  but  this  is  by  no 
means  the  way  of  doubling  it.  The  Homeric 
X^UuiKs  was  fastened  with  a  brooch  or  clasp,  but 
nothing  of  the  kind  is   shown  by  the  vase- 


Tfais,  hmrcTcr,  doM  not  neMSurilf 
iliipron  Ita  ou,  for  it  ii  <rery  rare  to  find  thi 
fibila  of  a  womui'i  Wrkoi  ihown,  nod  yet  it 


Flgim  bom  Prl«M  af  Um  PuthBUD. 


Ira*  alxolutrlf  IndiipeDuble.  It  ii  beaide* 
difficult  to  «8  ID  what  other  vnij  than  bj  ■ 
clup  the  x^"  («»  biTC  been  kept  in  place  in 
thia  Bjmmetrical  atyle  of  wearing  it. 

The  womei]  oa  raiea  of  tbii  class  are  clad  ia 
the  WitAjK,  and  wear  a  veil,  which  falls  from  tha 
head  lymmetricallf  orer  the  ifaonlden,  and  down 
the  back  ii  pmcticaUy  ■  shawl.  Botb  this  and 
the  (fmmetrical  mantles  of  the  men  are  well 
■hown  on  the  Franfois  tbib  at  Florence. 

On  rasei  rather  later  than  these  one  finds  that 
the  women  aunm*  the  mantle,  probablj-  owing 
to  Ihe  adoption  of  the  linen  shift,  which  mada 
a  warm  ihawl  an  abtnlate  neceoitf.  The  way 
in  which  the  change  came  about  is  ihown  by  the 
characteristic  fiuhion  in  which  the  shawl  appears 
fastened  with  a  brooch  or  broochei,  bat  onLj  at 
one  shoulder,  leading  the  other  ihoalder  and  arm 
'  free  and  the  breast  bare ;  tha  mantle  being  in 
bet  a  wiwXot  with  the  broocb  at  the  closed  side 
loosened.  This  ie  bj  far  the  commoneit  coatuma 
on  archaic  itstaea  and  itatuettes,  in  marble, 
terra-cotta,  and  bronie  fVoiu  Rhodes,  Athens, 
H^na   Graecia,   Etrurin,   and   in    fact   all  tha 

t laces  where  objects  of  archaic  art  are  found. 
:  is  pecnltarly  well-iulCcd  for  the  formal  ele- 
gance of  the  period,  the  Ionic  shift  of  linen 
showing  at  the  bared  breast  and  shoulder,  in 
contrast  with  the  folds  of  the  woollen  ahawl, 
which  hangs  diagonally  down  in  artificially 
arranged  plalta.  It  is  well  eeea  in  many  of  the 
statuea  discorered  on  the  Acropolis  in  1886 
(Rhomaidis-OaTTadiai,  Zes  ifuMiti  <rAlhiiiei),on 
the  Athene  of  the  Aeginelan  Cast  Pediment,  and  in 
EOuntlesB  Tase-paintingi.  (Cf.  Furtwlingler  in 
Roscher's  Lexicon  of  Mythohfjtf,  s.  T.  Aphrodite.) 
In  Qraeco-Roman  times,  thia  costume  is  impor- 
tant, because  adopted  as  an  archaic  trait  by  the 
archaistic  artiste  of  that  time.  Instances  of  ita 
Die  in  this  way  are  very  numerous :  the  Artemis 
from  Pompeii  (cf.  Studniicka,  in  Bvlletau  del 
Inat.  188S),  the  Dresden  Pallas,  and  the 
Minerva  from  HercuUneum.  It  is  generally 
known  as  the  "Spee"  costume,  early  archaeo- 
logists having  wrongly  imsgined  that  It  was 
pecniiar  to  Roman  statues  of  that  goddess. 

Scarcely  leii  characteriatic  of  archaic  and 
archaistic  art  la  the  symmetrical  wearing  of 
the  x>^"-     '^''  '*  "^  ™  ''■«  Hermes  Krio- 

fhoros  of  Wilton  Honae,  (Nnomaos  in  the  East 
ediment  from  Ol^mpla,  on  the  figuTes  of  Athene 


PALLIUM 
on  late  Panathenaic  Tases,  and  of  FoaeidDD  on 

the  flying  statues,  and  reliefs  of  the  Hellenistic 
time,  and  ii  usually  wrongly  explained  aa  being 
a  x*W*»- 

Karly  in  the  aiith,  if  not  in  the  seventh  a 


r   of  n 


r   the 


which   prevailed    in   classicsl   time*    begins    \^ 
appear  in  works  of  art.    In  it  the  symmetrical 
fashion,  in  which  the  ends  are  thrown  over  the 
ahonlden,  has  been  given  np,  and  tha  cloak  is 
wrapped  round  the  body,  being  thrown  over 
the  left  ihoalder  acnsa  tlie  back,  and  ander  or  . 
over  the  right  ann,  according  to  the  desire  of  ! 
the  wearer  to  cover  or  keep  his  arm  fme.     At   | 
first  this  fashion  was  confined  to  men,  bat  by  I 
the  fifth  century  it  had  btomie  almast  nairersal 
for  women.    The  cloak  thus  worn  is  generally 
known  aa  the  tfi^iar:  but,  as  will    be  shown 
further  on,  this  Is  but  a  very  special  oae  of  the 
term,  the  sole  difference  between  cloaks  wrapped 
round  the  body  in  this  fashion  and  cloaks  worn    | 
in  other  fashions  (e^.  the  tfiBta)    being  the 
immaterial  one  ofaiie. 

At  this  period,  as  indeed  at  every  other,  anch   , 
a  I/idTum  was  the  indispensable  outdoor    dress 
of  the  Greek ;  and  to  appear  without  it  in  one's 
nuder-garment   was    indecent,   and   anyone    so 
dressed  was  spoken  of  as  naked  (yviirii).     In 
primitive    times   the  cloak  had  probably   been 
the  sole  garment  of  both  seies,  and  it  remained 
so  among  some  of  the  Dorians  nod  the  poorer 
working    classes  down   to  the   close    of  Greek 
history.     Ia  Homer's  time  men  of  quality  had 
alreadv  adopted  a  ahirt  (xmtr),  and  we    have    I 
seen  that  women  followed  their  eiample  some- 
whera  in  the  sixth  century.     By  the  bfth  ceu-    | 
tory,   however,   it   had    become  so   much     the    | 
eiception    to  wear  a  cloak  withont  an  nnder- 
garment  that  to  da  so  (to  be  dx'v*'  '^  WvIti    I 
l>iod.  it  2ti)  was  a  sign  either  of  great  porerty    I 
or  determined  asceticism.    This  of  coarse  does    : 
not  apply  to  warricn  or  hunters,  who  wore  the    I 
old  garb,  even  to  late  times.  I 

In  Athena  mncb  importance  was  attached  to  , 
le  nice  adjastment  and  elegant  wearing  of  the 
l^Tiiiv.  Indeed  the  way  in  which  it  was  worn 
was  regarded  as  an  infallible  guide  to  the 
character  of  its  owner.  To  leave  the  left 
shoulder  free  instead  of  the  right  was  a  trne 
sign  of  a  barbarian,  ai  can  be  seen  from  the- 
horror  with  which  Poseidon  in  Aristophanei' 
BinJs  (L'tST)  greeU  the  outlandish  god  TH- 
balloa,  who  had  put  it  on  tt'  ifwrr*^  insiesd 
of  M  »{«.  Even  Plato,  in  the  neaettlut 
(p.  175),  speaks  of  one  who  is  not  a  gentleman 
ns  iraBiJiXtatai  oiic  iwiaraiiim  M  Stfii 
JXrvd^t.  The  length  it  ought  to  be  worn  wa> 
considered  a  point  of  great  nicety  ;  and  though 
Quiutillao  (li.  3,  143)  says  that  it  was  cus- 
intiquity  to  wear  the  cloak  long 
touch    one'a    boots,   vet    Alcibades 


theophrastns  decides  that  it 
as  low  as  the  knee*.  In  the  time  of  the  early 
Attic  orators  it  was  apparently  the  cnstom  to 
keep  the  right  hand  wrapped  la  the  (blda  of  the 
Ifidriov  when  apeaking,  an  attitude  which  is 
seen  in  the  well-known  statue  of  Sophocles. 
Aescbinea  says  (c.  Timarvli.  %  27)  that  Ihe 
custom   had   disappeared  in  hil  tiUM;   Clean 


hill,  icooiding  to  PloUrch  (IKeiiu),  ths  fint 
lodur^ird  it. 

Wc  BUM  btirin  of  Mnming  that  tfae  l/idTwr 
ni  >  distinct  garmeat,  diS'criDg  ipeciKcallf 
from  the  xJialraaDd  other  formi  of  cloak.  The 
wwd  srixiBallT  «■■  perfectly  general,  denoting 
ciNha  erf  all  kind*  ;  and  eTeii  when  ita  meaniiig 
[n«  oort  Hstricted  in  danlcal  tini«,  it  onl; 
Dcut  a  dc«k  or  oTer-Einnent  u  oppoied  to 
lit  thirt  or  nndcr^armeDt.  Fuhion,  hoverer, 
■air  retogniied  one  pecoliar  mode  of  wearing  it 
«  worth;  of  ■  gentlemnD,  and  thi*  particular 
Bwlt  hia  is  the  DMfc  of  modem  timei  ninrpMl 

Amoi^  the  ipecilic  nrmenti  woni  at  thii 
liBK,the  )fAai>ti  ^LaesjIj  it  the  motC  impartant. 
It  au  atiU  made  of  thick  noollen  ituff  (Arirt. 
At.  4»3X  and  wa>  omJ  bi  a  wioter  oloak 
(wbier  x'f^f"''  Utafch.)  or  aa  a  blanket, 
tkngh  it  wai  fintr  than  the  auripa,  which  wai 
ibi  umJ  for  thit  parjMie  (Ar.  Ve>pa»,  113S  ; 
fouc,  1459).     it  ia  fnquentlf  mentioned  and 

T1»  xXmrit  wai  a  much  finer  garment  and 
ef  Uiltiian  wool ;  it  wai  worn  in  hot  weather 
tr  men,  at  other  times  hj  ladies,  old  men  (Arirt. 
tad.  MS),  and  efieminat*  perun*.  It  ii  fint 
DentioMd  b]P  Simooidea,  but  x^<'>^>a  ( =  X^a' 
ritii,  whkh  are  among  the  feitirai  robei  in 
Aiat.  I^t.  118S)  and  x^^ma  are  among  the 
leba  in  the  Komoa  of  the  Heraeum  at  ^mos 
<cf.  C.  Cnrtina,  Iiackrifien  vnd  Studim  lur 
GacUdite  KM  Samat). 

Hm  Aplilpo*  wai  alu  a  inmineT  garment,  at 
Tt  •«(  from  Aiiat.  Av.  715,  where  tne  awallow 
■1  (ud  to  auwDnce  in  xpj)  xAuvar  awAnr  val 
'tH^iit  wfiaatmi.  The  word  ii  a  diminutire  of 
4>«  (cf.  kifliar  In  an  Attic  iuacription,  C.  /. 
1W,*5). 

Tb  ((rrli  wu  alie  a  garment  of  fine  quality 
■on  bj  women  of  quality  at  featirali  (Ariit. 
i-ft.  1189),  which   wonld  ' 


e  than  to 
i.  74, 


Tibym 


d  aeemi  to  hare  been  uied 


m  the  itage  tor  the  attire  of  heroic  penonago. 

Tke  ^ftrrpl]  wai  nmswhat  limilar  to  the 
(vrrli,  and  alio  worn  by  both  man  and  women. 
Id  lea.  Sgnp.  4,  38,  it  ha*  the  epithet  iRi;(«Ta, 
f""  whidi  it  would  appear  that  it  waa  not  io 
liEht  u  the  {wrff . 

The  Ifwrrlt,  according  to  the  Scholiaet  on 
Clrmeia  AleLandrinui  (it.  128,  ed.  Kloti),  is  a 
aen  eottljr  form  of  the  x^ui^  «ai  uaed  bj 
butm  and  warrior*,  and  i>  reij  probably  tbe 
{•TBot  which  it  often  leen  wrapped  round  a 
"uler-e  arm.  Poljbin*  me*  it  (qnoted  by 
Athen.    m   0  u   a  tnuUtion  of  tbe    Utin 


The  ifonxerat  (Theocr.  i 


I,  iiatxiry). 


Ptllu  (rii.  47)  dirtdei  xAoTru  into  , 
T*t  and  lakntttt  (c£  C.  I.  Afr.  i. 
r«  nrietiei  of  the  litiriai'  hitherto  des. 
"»•  nnder  the  former  head,  while  undt 
■■««  arc  grouped  Tarietiei  in  which  the  n 
■ttworn  folded  double  and  pinoed  bj- a 


Btatoe  of  Sopbodca,  In  ibe  Lateran. 


aged  citiiena  went 
doabled  and  pinned 
(SnrAlk  ri  iliAtta 
iiactwnfrriiitrtiit). 
For  the  TaiBOK, 
lee  that  article. 
It  ii  only  necei- 


w*j  «i  the  Doric  ihift  or  nivXat  [TcNlca] 
wna  by  women,  only  being  much  ahorter,  barely 
reaching  to  the   knees.     The   right   arm,   how- 


322 


PALLIUM 


PALUDAMENTUM 


ever,  was  left  free  by  loosing  the  clasp  at  the 
shoulder.  On  this  account  it  has  been  generally 
described  as  a  x'^^''  irtpofida-xBi^oSy  in  contrast 
to  the  ordinary  x^^^f  which  was  afi^ifid' 
ax^i^f^s.  It  was  essentially  the  garb  of  servants 
(axviJM  oIk€t&¥  :  cf.  Arist.  Vesp,  444),  whereas 
the  X'T^i'  iifjt^/idffx^i^s  was  the  garb  of  fi*ee- 
men  (fx^Aui  iXwe^puif,  Poll.  viL  47).  An 
immense  number  of  i^wfd^s  were  exported  from 
Megara  (cf.  Bldmner,  Oeuerbliche  ThStigkeit, 
p.  71,  n.  4).  In  art  the  ^^w/tls  is,  after  the 
fourth  century,  the  characteristic  garb  of 
Odysseus,  Hephaestos,  and  Daedalus,  and  at  all 
periods  is  peculiar  to  handicraftsmen,  labourers, 
seafaring  folk,  and  beggars.  In  such  cases  the 
vcXof  is  generally  worn  with  it.    [£xomi8.] 

Other  names  for  mantles  denote  colour  and 
texture,  but  apparently  no  characteristic  differ- 
ence in  the  manner  of  wearing.  The  Kpoxmrhs 
is  a  good  instance  of  this ;  it  is  an  OTer-garment 
worn  exclusively  by  women  (Arist.  Thestiu  253 ; 
Ikxles,  1332) ;  and  when  it  is  adopted  by  men, 
as  by  Agathon  in  the  Frogs  (Arist.  San.  46),  a 
joke  is  always  intended.  The  fiarpaxih  <^  ^^^g' 
coloured  cloak,  was  on  the  contrary  a  man's 
garment. 

Of  the  cloaks  and  shawls  worn  in  the 
Hellenistic  age  but  little  that  is  detinite  can  be 
said,  for,  though  the  material  is  not  scant,  no 
writer  of  authority  has  treated  of  the  subject. 
The  old  Greek  x^**^*^  H^t'^^9  rplfiotv,  and 
XAo^^f  still  survived,  doubtless  in  much  the 
same  forms  as  before,  biit  they  were  no  longer 
fashionable,  except  perhaps  with'  philosophic 
Romans,  who  were  more  Greek  than  the  Greeks 
themselves.  The  cosmopolitan  spirit  of  the  age 
had  led  to  the  adoption  of  many  foreign  gar- 
ments ;  and  where  Roman  dress  was  not  worn. 
Oriental  was  to  be  found.  The  Greeks  had,  even 
in  the  tiine  of  Aristophanes,  a  liking  for  Persian 
dress,  but  it  was  not  until' the  third  century 
that  earments  like  the  Lydian  lua^^  or  the 
KawpFf  kttrtua  or  vapatrU  of  Persia  were 
adopted  wholesale  from  the  East,  and  nation- 
alised all  over  the  Greek  world.  With  the 
exception  of  the  terra-cottas  and  a  few  reliefs 
which  unfortunately  have,  as  yet,  not  been 
systematically  studied,  the  art  of  this  age  gives 
only  the  faintest  idea  of  the  costume  actually 
worn.  In  sculpture  the  love  of  the  nude  figure 
w^  continually  growing,  and, '  with  it,  the 
drapery  became  more  and  more  conventional. 
On  the  vases,  on  the  other  hand,  the  costumes, 
though  varied  and  elaborate,  are  only  too 
evidently  theatrical  or  idealised.  Next  to 
the  terra-oottasy  which  are  a  perfect  mine  for 
garments  of  every  conceivable  size  and  shape, 
worn  in  the  most  diversified  wavs,  the  Pompeian 
wall-paintings  are  perhaps  the  most  useful 
guides,  though  the  information  they  give  is 
rather  as  to  the  gaudy  colours  which  were 
regarded  as  tasteful,  than  the  actual  shape  of 
the  dresses.  In  Rome  itself  the  Greek  mantle 
never  became  naturalised,  though,  under  the 
name/>a//tuf7i,  it  was  well  known  to  them  as  the 
distinctive  mark  of  a  Greek.  Indeed  pcUliatuB  is 
used  as  meaning  Greek,  in  opposition  to  togatuSy 
meaning  Roman,  not  only  in  the  well-known 
division  of  comedies  into  pailiaiM  and  iogatae, 
but  apparently  in  ordinary  speech.  Conservative 
Romans  regarded  it  as  beneath  their  dignity  to 
wear  a  paiHum,  and  we  find  it  cast  up  as  a 


reproach  against  Scipio  Africanus  (liv.  xxix.  19) 
and  Rabirius  (Cic.  pro  Jiab.  9,  25)  that  they  did 
so.  Cicero  speaks  with^  indignation  of  Veires 
(in  Verreoif  v.  33,  86),  **  stetit  soleatus  praetor 
populi  Romani  pallio  purpureo  tunica  talari,*' 
and  even  under  the  Empire  Germanicus  offended, 
some  people  by  adopting  a  "  par  Graeds  amictus  *' 
(Tac.  Ann,  ii.  59). 

PaUiotwn  is  frequently  used  as  an  equivalent 
for  rptfitty  or  i^vfiisy  but  is  also  found  in  the 
more  general  sense. 

(See  Hermann  -  Blumner,  LehHmchy  Pt.  iiL ; 
Iwan  Muller,  Handbuchy  1887,  Pt.  iv.  p.  396 
ieq. ;  Baumeister,  Denhnaler,  s.  v.  Hhnation;  and 
for  Homeric  and  early  history  of  rabject, 
Studniczka,  Beitrage  zw  GeKhicMe  der  alt- 
tjriechischen  Trachiy  Vienna,  1886,  the  main 
results  of  which  have  been  incorporated  br 
W.  Helbig  in  the  2nd  ediUon  of  Ais  hmneriacKt 
Eposy  1887.)  [W.  C.  F.  A.] 

PAXMIPES,  i.e.  pen  et  palmuSy  a,  Roman 
measure  of  length,  equal  to  a  foot  and  a  palm ; 
or  a  foot  and  a  quarter,  or  15  inefaea,  or  20 
digits.    (Plin.  ff.  N.  xvii.  §  32 ;  Vitmv.  v.  6.) 

[MBH8DIU.]  [P.  S.] 

PALMUS  (also  palmoy  Plin.  viL  §  28^  pro- 
perly the  width  of  the  open  hand,  or,  more 
exactly,  of  the  four  fingers,  was  uaed  by  the 
Romans  for  two  different  measures  of  length : 
namely,  as  the  translation  of  the  Greek  wuKb^t^ 
or  9Spov  in  old  Greek,  and  awi$ei/iii  reapectively. 
In  the  former  sense  it  is  equal  to  4  digit%  or  S 
inches,  or  l-4th  of  a  foot,  or  l-6th  of  th«  cnbit. 
(Varro,  R,  M.  r.  1;  cf.  Colnm.  v.  1 ;  Frtmtia. 
Aq,  24.)  This  was  the  only  sense  in  Latin  of 
the  best  age,  but  a  later  senaa  appears  (first  in 
ecclesiastic  writers,  Jerome,  Execk.  40,  Im^X  in 
which  palmus=(nri#a^^,  a  span  of  9  ix&ches. 
It  is  a  mistake  to  suppose  that  this  measure 
existed  earlier  in  Latin  as  ^palmus  major/* 
The  Romans  had  no  special  word  in  earlier  times 
for  a*iBa/ifh  but  expressed  it  as  dodrans  ((  of  a 
foot):  '*temas  spithamas,  hoe  est  t«mo> 
dodrantes'*  (Plin.  vii.  §  26).  In  the  passage 
sometimes  quoted  from  Varro,  J2.  R.  iii.  7,  the 
ordinary  palmus  of  3  inches  is  meant.  (Haltsch^ 
Metrologie,  p.  15,  note.)      [P.  S.l    [G.  E.  M.") 

PALUDAMBNTUM.  The  root  of  this  word 
and  its  cognate  adjective  is  undoubtedly  that 
contained  in  pallium  and  palla,  though  it  is  not 
possible  to  trace  any  real  connexion.  Varro 
tells  us  that  Ennius  speaks  of  Minerva  a^ 
"  virago  paluda,"  but  does  not  explain  its 
special  meaning  (Z.  X.  vii.  37).  He  also 
remarks  that  patudarmntum  was  used  orig inaUy 
of  any  kind  of  military  decoration,  and  this 
statement  is  borne  out  by  a  passage  of  Veranias 
given  by  Festus  (s.  o.).  In  the  extant  literature 
it  is  only  employed  to  denote  the  Sagum  or 
military  cloak,  and  in  writers  of  the  best  age  is 
applied  only  to  the  aagwn  purpweum  worn  by 
the  Imperator,  as  distinguished  ttom  the  $agtun 
gregale  of  the  common  soldier.  The  oases  in 
which  it  is  used  in  the  former  and  more  genera] 
sense  are  rare.  Ludlios,  for  instance,  if  we 
may  trust  Nonius,  spoke  of  it  as  the  garb  of  the 
rorarUy  and  Sabtdius  (in  the  sehdimn  in  thv 
Veronese  MS.  on  Verg.  Aen,  x.  341)  gives  it  tt* 
the/M(ft<0S  no  less  than  the  eqwte»,  Livy  is  the 
author  who  uses  it  most  frequently  in  this  way, 
doubtless  from  his  love  of  archaeological  detail. 
Thus  we  find  that  as  the  survivor  of  the  Horatii 


PALUDAUENTUH 

ntarasfrom  tbt  tiiplc  dact  Lit  littir  rccognlHi 
UnfotudiMMHiinB  lb*  Iwd  imngfat  Tot  hii  iliia 
(<  (i.  26,  3)  i  10,  too,  whiD  Oncchna  pnpan* 
10  ist,  it  it  "  pdadHDtata  circnia  UcTiun 
bludiiam  intorto."  Two  other  passitgu  in 
•■bitk  LiTTipH^  ofa  cOBial  being  accampimad 
ki'pilDUtii  lictoribu"  (ili.  10,  T;  i\x.  39, 
'A)pn  Um  mmmanUton  mach  tnable,  but 
ottuilycipiunKi  by  compuing  Cie.  in  Pa.  23, 
U.  aith  8il.  lul.  ii.  420,  tht  fanner  telling  oi 
tku  tb*  Ikton  won  tiie  uguin,  the  latter 
liring  it  tha  epitbtt  miou.     [LiiTTOa.] 

Vilh  Hch  nni  uctptisiu  the  pahttameiituiH 
a  tliE  doak  which  WM  put  on  bf  the  Rooun 
(twnl  Than  leating  the  atj  inroUd  with  the 
rn^BiK,  ud  wu  doffed  when  he  re-entered 
lod  lH<uBe  oDcc  mefv  an  ordEnarj  oitben. 
(Vim,  tx.  til. ;  Caei.  B.C.  IS;  Ut.  ili.  10 ;~ 
<^V.  mfit.  13;  ad  AH.  it.  13;  ad  fan.  xt. 
17.)  Hrkc  we  find  that  the  ineignia  of  a 
"Bin]  which  the  lenMe  tent  u  a  preient  to 
Hitinisu  inelDded  "lagDla  parpurea:  duo" 
(Lii.  in.  17,  13>  and  that  «'    '  ' 


X 

mj  an  uUre  lerTiOe  (Oe.  Ferr.  ii.  7,  13; 
ht.  Ti.  309).  Bach  phruet  aa  "  togam  paln- 
iuonta  mntan,"  meaning  to  g«t  uaoe  for  wn 
(Sillut),  u*  tKit  luioommciD  (cf.  Plmj, 


P«-S. 


PALUDAM£!raUU  323 

(0  textili  une  alia  materia  '■'),  ud 
Tacitua  (Jon.  lii.  56)  deicribes  the  Ume 
nrment  u  "chlamji  aorata ; "  while  Dio 
CeMiot  haa  the  eiprtuian  xA^Mi  ti»xpiaif 
^KHTtMirs  (li.  33).  lb  ii  not  impouible  thit 
1 J  may  hare  made  a  ilipingiTing  Afiip|nna'e 
ik  the  ipacifio  name,  but  there  certainly  wen 
uiantcnta  embroidered  or  woTen  with  gold 
thread  In  the  later  dajs  of  the  Empire  (Aarel. 
Viet.,  Epit,  3).  It  wa«  prabably  tbli  form 
which  was  adopted  aa  a  vcitment  nt  Uilan, 
where  the  Biehop  wore  >  palafknaeniuM  tapta- 
male  (Unratori,  Antig.  It.  med.  an.  Iv.  897). 
The  monnmenta  which  repruent  it  are  generallj 
portrait!  of  the  emperora ;  and  theie  ihciw  that, 
while  there  via  no  diitlnction  in  ihape,  the 
paludamentvin  wai  larger  and  of  thicker  and 
better  material  than  the  ordinary  fogani.  It  i> 
freqnently  tringed,  and  ii  worn  ai  a  rale  with 
the  claip  It  the  right  thoulder,  thongh  cuaa 
oceai  Vhere  it  ia  at  the  leil.  In  the  famoni 
>f  AngnMna  in  the  Vatican,  it  ia  on- 
thrown  round  the  loins,  and  hangi  oTcr 


»  CBrtomi  doe*,  C.  Y  L.  liii.  408)  eoloBr, 
vt  tbi  only  one,  aa  ii  abown  by  the  ttory  told 
ly  Viltrioa  Uaiimaa  (t-  ^.  I'X  <>'  ^™  Craiani 
1  the  fata]  mom  of  Chanse  went  ont  in  i 
'■i^-colonred  and  not  in  a  pnrple  or  whitt 
KKtmentne.  It  waa  worn  rrgnlarly  by  the 
'^Feran  (Suet.  Claud.  31),  and  waa,  by  eoma 
■Ih  wne  earcfnl  to  obaerve  old  eonatitntion&l 
'■rat,  laid  aaide  on  entering  the  city  (Tac. 
Tof.  ii.  89;  Soet.  Vildl.  II).  Pliny  (#.  S. 
miii.  {  63)  aayi  that  at  the  great  lea-Gght 
ititiM  by  Clandina,  Anippinn  wore  a  f&t- 
i^Bienbim  ii  cloth  of  gold  (■*  iodntam  palnda- 


Boman  Emperor 

the  left  arm.    Th 
difficulty  of 


(Mifl^) 


of  conne  owing  to  tb« 
icb  a  one-sided  garment 
in  the  round,-—*  difficalty  which  the  HeDenittic 
■cnlpton  got  over  in  the  cue  of  tb«  ehlamya  by 
letting  it  hang  (lam  the  left  thoulder.  In  the 
cue  of  busts  a  compromiie  Is  made  by  hitching 
the  paludamtnlam  OTer  the  left  ahonldar  and 
leaTing  both  arrca  free. 

The  origin  of  thla  cloak  has  been  the  (abject 
of  lome  guesswork,  many  following  Floms  (i,  5, 
e\  and  deriviDg  it,  like  the  other  inaignia  of 
aathorily,  from  Etmris;  while  olhera  prefer  to 
connect  it  with  the  chlamyi,  which  ia  worn  In 
the  same  way.  There  it,  howerer,  anrely  no 
need  to  snppoie  that  the  Romans  required  to  be 
taught  the  nae  ofa  garment  which  is  so  obTionSr 
and  >a  uniTcraally  found  all  oTtr  the  world ; 
neither  ia  it  very  unsdentlfie  to  isaume  that, 
howerer  alike  in  ahape,  tKere  moat  alwaya  be  a 
diatinction  between  tbe  dnis  of  the  general  and 
thoae  under  him.  (Marqnirtt,  Piiiatlebe*, 
p.  M7.)  [W.  Bl}  {W.  C.  7.  A.] 


324 


PALUB 


PALUSy  a  pole  or  stake,  was  used  in  the 
military  eiercises  of  the  Romans.  It  was  stuck 
into  the  mund,  and  the  tiro,  armed  with  a 
heavy  wicker  shield  and  a  wooden  sword,  had  to 
attack  it  as  if  it  were  a  real  enemy.'  Vegetius 
(i.  11)  gires  a  full  account  of  the  drill.  This 
kiad  of  exercise  is  sometimes  called  palaria 
(S<wip.  Chaiis.  i.  p.  11).  It  was  uned  for  exer- 
cise (e,g.  before  the  bath)  as  well  as  for  military 
drill.  So  Martial  (vii.  32,  8)  speaks  of  "nudi 
stipitis  ictus  hebes,"  where  the  xtipes  :=  paJnSy 
and  the  'Mctns  Mbes**  expresses  the  toooden 
sword,  which  Jurenal  (vi.  247)  renders  by 
sudeiy  when  he  is  speaking  of  women  taking  to 
these  manly  exercises  (pulnera  pali).  See  Becker- 
G611,  fl'atfuf,  iii.' 185  f.        [W.  S.]    [G.  E.  M.] 

PAMBOECrTIA  (wofAfioUirta),  a  festire 
panegyris  of  all  the  Boeotians,  which  the  gram- 
marians compare  with  the  Panathenaea  of  the 
Atticans,  and  the  Panionia  of  the  lonians.  The 
principal  object  of  the  meeting  was  the  common 
worship  of  Athena  Itonia,  who  had  a  temple  in 
the  neighbourhood  of  Coronea,  near  which  the 
panegyris  was  held  (Strabo,  ix.  p.  411 ;  Paus. 
ix.  34,  §  1).  From  Polybias  (ir.  3,  ix.  34)  it 
appears  that  during  this  national  festival  no  war 
was  allowed  to  be  carried  on,  and  that  in  case 
of  a  war  a  truce  was  always  concluded.  This 
panegyris  is  also  mentioned  by  Plutarch  {Amat. 
Narni,  p.  774  f.).  It  is  a  disputed  point  whe- 
ther the  Pamboeotia  had  anything  to  do  with 
the  political  constitution  of  Boeotia,  and  with 
the  relation  of  its  several  towns  to  Thebes.  The 
question  is  discussed  in  Sainte-Croix,  D99  Oov^ 
vemsments  f^iUrat,  ^,2i\,  kQ.\  Raoul-Rochette, 
Sw  la  Forme  et  rAdmmiair,  de  PEtat  f6idratif 
dei  B^atieMy  in  the  Mim,  de  VAcad,  des  Intcript, 
vol.  viii.  (1827),  p.  214.  It  seems  probable  that 
its  object  was  religious,  not  political,  though, 
as  at  other  panegyreis,  there  were  no  doubt 
political  harangues  [Paneqtrib].  The  state 
and  constitution  of  Boeotia  is  discussed  under 
BOEOTABCHB8.  (See  also  Gilbert,  ^toatso/tsr- 
thumer,  \i,  53,)  [L.  S.]    [G.  E.  M.] 

PANATHENAEA  (ri  nayaHvuta)  was  a 
very  ancient  festival  in  honour  of  Athena  Polias 
and  Erechtheus  (A  Mommsen,  Heortologis  dor 
AthetuTf  14  ff.,  37  ff.),  said  to  have  been  founded 
by  Erechtheus  or  Erichthonius  729  years  before 
the  first  Olympiad  (C.  /.  G.  2374,  cf.  p.  325), 
called  at  first  Athenaea,  but  after  the  evroi* 
Kifffihs  by  Theseus  Panathenaea  (Plut.  Thes,  24 ; 
Suid.  s,  V,  IlayaBiimia),  Pisistratus  renewed  it 
with  increased  splendour,  and  attached  more 
especial  importance  therein  to  the  worship  of 
his  protecting  divinity,  Athena. 

1.  The  Greater  and  Leaser  Panathenaea. — ^The 
Greater  Panathenaea  was  a  vcyrtnyplf  cele- 
brated every  fourth  year,  and  was  merely  an 
extended  and  more  magnificent  performance  of 
the  Lesser  Panathenaea,  which  was  always  from 
of  old  held  every  year  (cf.  Hom.  H,  ii.  551). 
As  each  fourth  year  came  round  the  Lesser  was 
incorporated  in  the  Greater.  The  procession 
and  the  hecatomb  always  remained  the  basis  of 
the  latter,  but  the  chariot-race  also  appears  to 
have  been  considered  as  belonging  to  the  original 
festival.  Erechtheus  is  said  to  have  ridden  at  it 
himself  (C  /.  Q,  1.  c).  Pisistratus  may  be  vir- 
tually considered  as  the  second  establisher  of 
the  Greater  Panathenaea  (Schol.  on  Aristid. 
p.  323),  though  we  hear  that  the  performance  | 


PANATHENAEA 

under  the  Archon  Hippoclides  in  566  B.C.  was 
attended  by  a  large  concourse  of  strangen  s&d 
was  widely  celebrated,  especially  as  on  that 
occasion  gymnastic  contests  were  first  intro- 
duced. Indeed  Marcellinns  {ViL  Thic.%  3)  sajs 
the  Panathenaea  was  established  in  the  archoo- 
ship  of  Hippoclides.  The  increased  splendour  of 
the  Greater  festival  of  course  diminished  the 
importance  of  the  Lesser :  so,  though  the  adjec- 
tive iivyiKoL  is  often  found  attaching  to  the 
Greater  (C.  /.  G,  380, 1068 ;  Boeckh,  StaaUhooi^ 
halting,  u."  513),  still  generally  noya^ibwa 
alone  is  used  for  the  Greater,  the  Lesser  one 
being  styled  /ujcp^ 

The  sUtement  in  the  Arg.  to  Dem.  Mid.  510, 
that  the  Lesser  festival  was  a  trieteris,  is  dis- 
proved both  by  such  evidence  as  r&  VLvdHnmA 
ra  ic«r'  iwuaniw  (Rangabd,  814,  32)  and  also 
by  the  fact  that  inscriptions  on  vases  point  to 
Panathenaea  having  been  held  in  every  single 
Olympic  year  (Mommsen,  pp.  lid,  125).  Tht 
Greater  Panathenaea  were  celebrated  every  third 
Olympic  year  (e.g.  C.  /.  G.  L  251,  by  the  Archoo 
Charondas  in  110.  3;  Lys.  .^loosfrf.  Mun,  Def. 
§  1,  by  the  Archon  Glaudppns  in  92.  3 :  see 
other  confirmatory  arguments  in  Mommsen, 
pp.  120,  121) ;  therefore  they  were  held  in  the 
same  years  as  the  Pythian  games.  Solon,  we 
know,  took  a  Pythian  calendar  to  regulate  the 
Athenian  one,  and  Pisistratua  in  many  potnti 
followed  closely  in  Solon's  steps  (Mommscn, 
122). 

2.  The  date  of  the  Panathenaea. — Theprinciptl 
day  was  the  third  from  the  end  of  Hecatombaeoa 
(about  August  13th).  Proclos  (in  Plat.  Tvn. 
p.  9)  says  so  expressly  of  the  Greater :  and  this 
agrees  with  Schol.  on  Hom.  77.  viii.  39,  where 
Athena  is  said  to  have  been  bom  on  that  dar. 
But  Procltts  says  that  the  Lesser  Panathenaea 
came  immediatelv  after  the  Bendideia  [Bendi- 
deia],  accordingly  on  the  2l8t  of  Thargelioo 
(about  June  8th).  But  the  Greater  and  Lesser 
Panathenaea  are  undoubtedly  connected  in  that 
the  former  is  but  an  amplification  of  the  latter 
so  that  a  priori  there  is  a  presumption  that 
they  are  held  at  the  same  time.  Further 
C.  L  G,  157  obviously  follows  the  calendar,  and 
it  puts  the  Panathenaea  after  the  sacrifice  to 
Eirene  on  Hecatombaeon  16th.  According  to 
Demosthenes  (lYmocrofes,  p.  709,  §  28),  the 
Panathenaea  are  just  approaching  on  Hecatom- 
baeon 11th ;  but  these  are  certainly  the  LesMr 
Panathenaea  ^chaefer,  Demoith.  i.  334 ;  Wayt« 
on  Dem.  Tim.  §  26X  as  the  year  is  01. 106.  4. 
not  106.  3.  The  argument  that  the  list  io 
Lysias  (pp.  dt.  {  4)  is  necessarily  in  chronologicsl 
order  is  disproved  by  such  lists  as  Isaeos  (de 
Dioaeog.  hered.  §  36),  and  [Andoc]  contr.  Ak. 
§  42,  which  can  be  seen  from  comparison  to  be 
certainly  not  both  in  chronological  order. 

The  evidence  for  a  Panathenaea  in  the  sprioc 
is  Himerins,  who  gives  as  a  title  to  hb  third 
speech,  elf  Boo-Uctoy  Ilayadiiyafotf,  itpx'f^*'^" 
rod  Kaposi  cf.[Verg.]  Ctm,2l  ff.  (probably  com- 

g^sed  in  Hadrian's  time) ;  but  this  refers  to  the 
Oman  Quinquatria,  which  were  called  Pana- 
thenaea after  the  disappearance  of  the  older 
festival  (Dionys.  Hal.  ii.  70). 

3.  2%e  Musical  Oontest.-^Thv»  was  only  held 
at  the  Greater  Panathenaea.  Pisistratus  was 
of  the  gens  of  the  Philaidae,  who  lived  in 
Brauron,  where  there  was  a  contest  of  rhapsodes 


PANATHENAEA 

frnn  of  old  (SchoL  on  Aristoph.  Av,  873).  Hence 
b«  but  tnntfemd  to  the  capital  the  custom  of 
kis  Tillage.  He  introdnced  recitations  of  the 
Homeric  poems,  which  were  better  regulated 
by  Hipparchus:  cf.  Plat.  Bipp.  228  B;  Ael. 
y.  H,  nii  2.  (For  the  meaning  of  ^|  ifwofioKrii 
ud  i^  iiroKk^s^  see  Mahafi'y,  Hist,  of  Qnek 
LUeraturey  L  29,  note.)  The  poems  were  now 
inBg  in  much  longer  portions  than  before,  and 
probably  bath  the  Iliad  and  the  Odyssey  as  the 
.S«ieidae  are  especially  celebrated  in  the  latter 
(d  Mommsen,  p.  138>  In  later  times  other  poets 
{(Lg.  Choeiiltts  of  Samoa,  fl.  420  B.C.)  obtained 
tbe  phTilege  of  being  recited  at  the  Panathenaea 
(Soidss,  s.  fi.  XoiptXos), 

The  mnsical  contest  proper  was  introduced  by 
Pericles,  who  built  the  new  Odeum  for  the  pur- 
po«(PIut.  Fertd.  13).  PreTiously  the  recita- 
tifoos  of  the  rhapsodes  were  in  the  old  unroofed 
Oitum.  There  is  a  very  important  inscription 
{CIA.  ii.  965  =  Rang.  961)  concerning  these 
musical  contests.  The  part  referring  to  the 
rbpsodists  is  probably  lost.  Then  follow  fire 
phz«s  for  the  jcitfop^v^^.  For  the  first  an  olive 
cnwn  set  with  gold  (drr^^orof  teAXoD  xpwrovs\ 
nine  1000  drachmas  and  500  drachmas  in  siWer : 
for  the  second,  probably  a  crown  yalue  700,  for 
tbe  third  600,  for  the  fourth  400,  and  for  the 
bftb  300  (see  Rangab^  ii.  p.  673).  Neit  two 
prixes  Mpdai  ovA^ms  :  for  the  first  a  crown 
TiltM  300,  for  the  second  one  value  100.  Next 
^»ipin  B0apurrais:  for  the  first  it  appean  a 
crovn  Talned  at  500  drachmas,  or  300  drachmas 
in  moaey ;  for  the  second  probably  200,  and  for 
tb«  tliird  100.  The  fact  that  we  find  Modin 
•dded  proves  that  there  were  contests  of  ooys 
too  (cf.  C.  /.  G.  2758,  Col.  i.>  The  o&Airral  also 
sot  prices,  but  the  inscription  does  not  record 
«bst  they  were.  Note  that  the  prizes  in  the 
aoiicsl  contests  are  reckoned  in  money,  not  in 
tisd,  Bs  in  the  older  gymnastic  and  equestrian 
eontetts.  The  first  who  won  a  victory  in  these 
BQsical  oontesU  was  Phrynis  in  01.  83.  3 
(^  Bx.) :  see  Schol.  on  Aristoph.  Nvb,  971 
(alter  KaKXiw  to  KaWtfUxw),  PluUrch  ap- 
ptsn  to  have  written  a  treatise  on  the  Pana- 
tkouic  music  (de  Mus.  S),  There  were  not 
uj  drsmatic  representations  at  the  Panathenaea. 
^^  we  consider  the  long  recitations  of  the 
rbpiodes  and  the  musical  contests  proper,  we 
Bay  allow  perhaps  three  days  for  this  part  of 
tile  ceremony  on  a  liberal  computation,  certainly 
aot  less  than  one  and  a  half  days  (If  ommsen, 
^202). 

^*  7A«  Gymnaatio  Contett, — ^There  is  frequent 
Bcatioa  of  thu  contest  at  the  Greater  Pana- 
thenaea (C.  A  G,  251,  Rang.  849,  18;  Dem.  de 
Oar.  p.  265,  §  116 — a  passage,  bv  the  way,  which 
*^wi  that  proclamations  in  honour  of  bene- 
^on  were  made  at  the  Greater  Panathenaea 
tt  the  gymnastic  contest),  none  for  the  Lesser : 
»nlei,  it  bad  nothing  to  do  with  the  ritual ; 
|t  vus  purely  secular  and  late  addition,  said  to 
nve  bMQ  6rst  made  by  the  Archon  Hippoclides 
n  566  B.C.,  or  perhaps  Pisistratus  himself  (cf. 
\  !)•    The  inscription  referred  to  above,  C.  L  A. 
^  S6d  (;=:  lUng.  960),  also  gives  details  as  to 
uc  grnnastic  contests.    The  competitors  were 
■i^^i^  iato  voiSer,  iryhttoi,  and  Mp^s,  the 
^t  being  those  from  12  to  16  years  of  age, 
t««ik7^ioi  from   16   to   20,  and  the  iMpts 
^n  20.    Thus  neither  a  iratt  nor  an  iy4y€us 


PANATHENAJLA 


325 


could  compete  as  such  twice.  In  later  times 
(Rang.  964)  the  ircuScf  were  still  further  divided, 
e.g,  into  riis  trpd^ris  iiKacias,  rijs  Scvr^pos  (cf. 
C,  I,  G.  1590,  xalimy  rur  irpttrfivrdpoty,  iratiwp 
r&y  if€9tr4pwy)j  the  muS€s  rijs  rplnis  being 
doubtless  the  kyiv^iou  There  is  then  an  event 
U  wdrr»r,  which  means  an  all-comers*  race,  but 
for  boys,  as  is  plain  from  its  position  before 
hfZpas.  The  boys  and  striplings  had  their 
events  first :  then  there  was  an  interval  (if  a 
whole  night  did  not  intervene);  and  on  re-as- 
sembling the  men's  evenu  took  place.  Accord- 
ing to  C.  /.  A,  u.  965,  the  wsuScf  and  kyiv^ioi 
have  five  contests, — aridioy,  virroBKov^  vctXty, 
wv7/<^,  wayKpdriop.  According  to  Rang.  963 
(belonging  to  the  late  period  of  the  Diadochi), 
the  iroiScs  have  six,  while  the  i,y4w€tot  still  have 
only  five.  Perhaps  the  S^Xixos,  which  was 
added,  was  for  all  below  the  class  of  Mp«s. 
The  men's  contests  were,  according  to  C  /.  A. 
966  (=  Rang.  962),  of  190  B.C.,  S^Aixof,  orditor, 
9lav\oSf  tnrtof  (=  a  double  SfovXor),  ic4vrQBKoy^ 
ir<iXi},  m/^/t^,  vteyKpdrrtorf  ^X/njr  (=:  race  in 
armour).  Note  the  order  of  the  events,  though 
in  Plato's  time  the  ffrdXiov  came  first  (Legg. 
viii.  833  A) :  cf  C.  /.  A.  ti.  965.  The  races  were 
run  in  heats  (rd(cif)  of  four  each  (Pans.  vi.  13, 
4) ;  the  victors  in  the  heats  afterwards  running 
together.  There  were  prises  for  the  first  and 
second  in  the  deciding  heat  in  the  ratio  of  5 : 1 
(=  ox :  sheep,  cf.  Plut.  Sol,  23) :  see  C,  I,  A,  1.  c. 
The  prizes  consisted  of  oil  from  the  /lopitu  in  the 
Auademia  [Olea,  p.  263  a],^  given  in  special 
prize  amphorae,  which  were  called  hin^opus 
tlaiftdhivaSicot  (Athen.  v.  199).  The  oil  was 
meant  to  be  sold,  and  could  be  exported  free  of 
duty  {oifK  tart  Vi^aymyii  iKaiw  4^  *A$iipmp  cl  firi 
rots  vuc&fftj  Schol.  on  Pind.  JVm.  x.  64).  The 
number  of  amphorae  given,  according  to  the  in- 
scription referred  to,  was  about  1450,  and  the 
value  (1  amphora  worth  6  drachmas)  about 
1  talent  2700  drachmas  (see  Rangab^  ii.  p.  671). 
The  gymnastic  games  probably  lasted  two  days, 
certainly  not  less  than  one  (Mommsen,  202). 

5.  The  Equestrian  Cbnisst.— There  is  plenty 
of  evidence  for  an  equestrian  contest  at  the 
Greater  Panathenaea,  none  for  the  Lesser; 
though  there  may  have  been  a  kind  of  cere- 
monial race,  more  as  a  matter  of  worship  than  as 
a  contest  in  which  the  victors  got  substantial 
prizes.  None  of  the  evidences  for  Athlothetae 
(cf.  §  11)  at  the  Lesser  Panathenaea  are 
absolutely  conclusive,  yet  we  may  perhaps  sup- 
pose that  there  was  an  equestrian  contest  on  a 
small  scale  at  this  festival  (Mommsen,  124-127). 
To  understand  thoroughly  the  many  events  of 
this  division  at  different  tiroes,  the  reader  must 
study  the  inscriptions  in  C,  I.  A.  965  b=Rang. 
960  (380  B.C.),  966= Rang.  962  (190  B.C.),  968 
(166  B.C.),  969  (162  B.C.),  C.  I,  G.  1591  (250 
B.C.),  and  above  all  the  elaborate  table  of  the 
comparison  of  these  inscriptions .  in  Mommsen 
(Taf  rv.).  The  multifarious  details  can  only 
be  set  forth  in  such  a  table,  and  any  one  who 
wants  to  study  them  very  closely  must  be 
referred  to  it.  Here  we  can  merely  give  an  idea 
of  the  plan,  noticing  that  the  events  appear  to 
have  increasefl  in  number  as  time  went  on. 
The  first  and  chief  event,  the  one  which  legend 
said  Erechtheus  introduced,  was  that  of  the 
ixofidrrif  (cf.  rris  Mirris  ital  r^s  JcdXmir 
9p6fus  at  Olympia  in   Pans.  v.   9,   1  and  2). 


326 


PANATHBNAEA 


PANATHEKASA 


A  charioteer  (^rt^x^'  iyfitfid(mif  or  (<^< 
iyfiifid(o»p)  and  a  companioo,  ai  in  the  Iliad, 
QCcnpT  the  chariot.  The  companion  (here  called 
dTo/9an|fy  not  vapaiBirjis)  leaps  oat  (hence 
hia  name)  and  again  up  (hence  sometimes 
we  find  him  Also  called,  iva^dnis),  partly 
helped  by  the  driver  (who  thus  get*  his 
title  iyfii$d(my)t  V^^^J  ^J  ^i^^  of  wheeb 
called  kwofivrtKol  rpoxol  (Mommsen,  p.  154). 
The  son  of  Phedon  (Pint.  J*hoc.  20)  took  iMirt 
in  this  contest,  so  it  must  not  be  inferred  from 
its  absence  in  C,  I.  A.  ii.  965  that  it  did  not 
exist  in  380  b.c.  It  is  really  broken  off  the 
inscription.  The  second  division  in  Mommsen's 
table  is  ordinary  riding  and  driving,  without 
any  relation  to  ritual  or  war.  Here  the  horses 
are  divided  into  foals  and  full-grown  horses; 
they  are  yoked  either  singly,  or  two  or  four 
together ;  and  the  races  are  divided  into  9/av\oi 
and  ijedfuriou  Then  there  are  varions  permu- 
tations and  combinations  that  may  be  made  of 
these  (e.g.  avtmpdi  T«t\uep,  ndKirrt  TcX«(q», 
Sipftari  TcAf  ()» in  C,  I.  A.  ii.  968) :  but  there  is 
no  ^IcttfXof  ever  for  a  single  horse,  only  for  a 
yoke  or  a  pair,  and  not  even  for  these  in  the  case 
of  foals.  The  third  division  consists  of  what  we 
may  call  military  competitions,  and  they  are 
much  tbe  same  as  the  second  division,  only  there 
do  not  appear  so  many  combinations  (e.g.  ib, 
dpfueri  woKtyMmipl^f  Tinry  iroktfutnf).  There 
is  no  need  to  suppose  that  these  contests  were 
excl  naively  confined  to  the  cavalry  (Mommsen, 
161-2).  The  fourth  refers  to  the  procession  in 
honour  of  Athena,  and  always  consisted  of  four 
horses  (t^yti  TOftMUCif  S^avAoy  or  iucdnwtop.  The 
fiilb  was  of  javelin-throwers  from  horseback,  a 
oontest  which  soon'  disappeared.  Notice  further 
that  several  events  are  for  all  comers  (^jt 
vdurrwr) :  cf.  C.  /.  A,  968,  42  ff.,  as  opposed  to 
those  lor  Athenians  only  (r«r  irsAxrocdr). 

The  inscription  C  /.  A,,  ii.  965  b,  of  which 
the  beginning  is  lost  containing  the  iarofidriis, 
gives  the  following,  which  Mommsen  classifies 
thus: — 

1st  Class.    r&Toi9dnys.] 

2nd  Class.    WwmP  irmXut^  C«^*  (^  :  9)* 

Irvwv  Cc^ci  iJh^^  (140 :  40) ; 
i>.  TfAf^y  (see  Hesych.  ».  v. 
AS^^oTos);  was  probably  a 
slang  word  for  the  great 
eipease  such  splendid  race- 
horses entailed. 

3rd  Class.    TwW4»  ttiXtrn  vitcmm  (16  : 4). 
Uwmv  C<^«  vtummi  (30: 6). 
(It  is  specially  noted  in  the  inscription  that 
these  are  iroXfM<<rnipfois.) 

4th  Class.    C'vTfft  vottvucf  piKmm  (4 : 2, 

5th  Chiss.  ^*  twwmr  iueorriCom  (5:1). 
(In  brackets  we  have  given  the  number  of  jars 
of  oil  awarded  for  first  and  second  prizes.)  Tbe 
amateurs  who  took  part  in  the  contests  of  the 
second  class  are  the  best  rewarded ;  and  it  was 
to  encourage  them  to  spend  their  money  on 
keeping  horses  that  these  events  were  made  the 
most  distinguished.  In  C  7.  A.  ii.  966,  41, 
king  Ptolemy  Epiphanes  appears  as  victor 
among  them  in  the  SiouAof  with  a  chariot. 

The  place  for  both  the  gvmoastic  and 
equestrian  contests  was  perhaps  the  Eleusininm 
(Kohler  to  C.  I.  A.  ii.  2,  p.  392X  or  the  deme 
Gchelidae,  W.  of  the  Piraeus  (Steph.  Byz.  s.  «. 
'EX«A^S«t :  Etj/m,  M.  s.  v.  'Erfx<^>^  ^  ^3  > 


Mommsen,  152.  Yet  cf.  MilchhSfer  in  Ban- 
meister'a  DemkmSkr,  s.  v.  PeihAMiS,  p.  1200>. 
It  took  up  a  day  probably,  though  peesiUy  only- 
half  a  day  («.  202). 

6.  The  Smaller  CoiUe9ts,^(a)  That  called 
Euandria  (evorS^a)  was  a  means  by  which  the 
leaders  of  the  procession  were  chosen.  It  was  a 
AciToi^fo,  [iUidoc.]  M  Alcib.  §  42,  «nd  he  who 
performed  it  chose  out  of  his  tribe  a  certain 
number  — >  perhaps  about  twenty  -  fonr,  the 
number  of  a  chorus— «f  the  tallest  and  besst 
looking  members,  and  arrayed  these  with  proper 
festal  garments.  A  member  of  another  tribe 
did  the  same,  and  probably  only  tw<f  tribes 
contended,  as  no  second  prize  appears  in  C  7.  A. 
ii..  965.  From  this  oontest  strangera  were 
expressly  excluded  (Bekk.  Aneod,  257,  13). 
Sauppe  and  Kdhler  consider  that  there  were  two 
companies  who  contended  in  each  case  in  the 
Euandria,  one  of  seniors,  the  other  of  juniors  ; 
perhaps  the  contest  of  the  seniors  was  called 
f voySpIa  in  the  special  sense,  and  that  of  the 
junior*  c&oirA(a:  cf.  Bang.  964  and  Mommsen, 
168. 

(6)  The  Pyrrhic  dance  [PtrrhicaI  performed 
at  both  the  Greater  and  Lesser  raaatheiMca 
(Lys.  Aooept  Mun,  Def,  $§  1,  4).  With  the 
Euandria  and  the  Lampadedromia  it  belonged  to 
the  more  strictly  religious  part  of  the  festival 
(cC  Aristoph.  Nub,  988  and  Schol.).  Athena 
was  said  to  have  danced  the  Pyrrhic  danoe  after 
her  victory  over  the  Giants  (Dionya.  HaL  vii. 
72).  As  belonging  to  the  religions  part  of  the 
festival,  the  prize  was  an  ox  for  sacrifice,  and 
bore  the  special  title  of  yunynipioy  (cC  Xen.  Cyr, 
viii.  3, 83,  where  the  ox  alone  is  called  runrr^pior, 
not  the  goblets :  also  Mommsen,  163 ;  Bangabe, 
ii.  p.  671).  There  were  Pyrrhic  danoers  of  all 
three  ages — axuSfs,  iy4y9wty  and  ^vlpcf.  A 
Klief  published  by  Benl«  (L'AcropoU  dAthHen, 
ii.,  last  pUte  but  one)  presents  eight  armed 
youths  performing  the  Pyrrhic  dance.  A  fall 
body  of  Pyrrhicists  would  then  be  twenty-four, 
the  number  of  a  comic  chorus.  They  wear  a 
light  helmet,  carry  a  shield  on  their  left  arms, 
bnt  are  otherwise  naked.  How  the  victory  was 
gained  in  the  Prrrhic  dance  and  the  Euandria  is 
not  stated ;  probably  by  decision  of  a  judge.  Tlie 
figure  on  the  left  of  the  relief  may  be  perhaps 
the  judge. 

(o)  The  Laxpadedbomia,  the  prize  of  which 
in  C.  7.  A,  ii.  965  was  a  hydria  of  oil  (cf.  Schol. 
in  Pind.  Nem,  zv.  61),  value  30  drachmas. 

7.  The  PonnycAit.— This  was  the   night  of 
the  28th  (the  day  being  reckoned  from  auiset  to 
sunset).      The  Lamp^edromia  was   the    first 
event  in  it.    Then  followed  during  the  greater 
part  of  the  night  litanies  (^AaX^fMira)  by  the 
elder  priestesses,  which  were  originally  praycn 
and  thanksgivings  for  the  harvest,  and  subse- 
quently songs  of  joy  for  the  birth  of  Athena. 
Mommsen  (p.  171,  note)  thinks  that  possibly 
the    conclusion  of  the    E}tmtmde$  may  hare 
reference  to  the  ceremonies  of  the  Puiathenatc 
pannychis.     There   were    also   dances   by  tbe 
younger  priestesses,  and  towards  morning  songs 
by  cjydic  choruses  (cf.   Lys.  ep.  ciiL  §  2)  of 
vonths  and  men  {w4mw  r*  AoiScd  x'P^  ^*  pioXml^ 
ixLT.  Bitrad,  779.  a  passage  comprising  many 
features  of  the  Panathenaea,  which,  however, 
must  not  be  taken  as  expressing  the  order  ia 
time,  only  the  order  in  importance  of  the  seversl 


PAKATHEKAEA 


PANATHENAEA 


327 


eresU).  The  kind  of  songi  the  men  sang  may 
perhapt  be  partly  seen  in  the  dithyramb  of 
Lamproclee  in  Bergk  {Lyr.  Graec.  iii.  p.  554: 
cf.  Aristoph.  Nub.  967  and  Schol.)*  The  itporoiol 
get  next  to  nothing  for  the  expenses  of  the 
Pumychis,  only  50  drachmas,  and  this  had  to 
compensate  much  other  outlay  besides  (Rang. 
^U,  27-30,  and  his  note). 

8.  TAe  J*rooe8sion  and  Sacrifices. — ^The  proces- 
liea  wu  most  splendid.  It  comprised  the  victors 
ii  the  games  of  the  preceding  days,  the  wofiTtis 
«r  leaders  of  the  sacrifices,  both  Athenian  and 
those  of  strangers  (for  the  colonies  and 
clerachies  used  to  send  sacrifices  to  the  Pana- 
thenaea,  e.ff.  Brea,  C.  I.  A.  i.  31),  a  large  qnota 
of  cavalry  (for  Demosthenes,  P/a7.  i.  p.  47,  §  26, 
speaks  of  lintapxoi :  cf.  SchoL  on  Aristoph.  Nub. 
386),  the  chief  officers  of  the  army,  ra^iapxoi 
sad  crpoTtryoif  dignified  elders  (OoAAo^poi, 
X«o.  Sgmp.  4,  17),  bearing  oUtc  branches 
(MUAm),  doubtless  with  their  fiiroiKoi  as  trxa- 
f^^ifoi  following,  in  later  times  the  ephebi 
splendidly  equipped  :  while  of  women  there  was 
a  long  train  of  Korri^poi  [Canephoros],  with 
the  wires  and  daughters  of  the  fiiroucoi  as  their 
€Knhi^6poi  and  ii^ffo^poi  [Metoeci]  :  then 
the  Athenian  people,  generally  marshalled  ac- 
cordiag  to  their  demes.  Though  the  frieze  of 
the  Parthenon  reproduces  some  points,  especially 
the  genuine  Athenian  element  of  the  Panathenaic 
fefttiral,  still  it  must  not  be  supposed  that  it 
reproduces  all  the  details ;  e.g,  the  lUroucoif  of 
vbom  we  hare  most  specific  evidence,  do  not 
appear.  For  another  service  of  the  female 
/urotfoi  at  the  Panathenaea,  see  Hydria- 
raoRiA. 

One  of  the  most  striking  features  of  the  pro- 
cession was  the  Pepltu,  worked  by  ipyacrti^aif 
fuperintended   by   two    iipfni^6poi  and   certain 
priestesses,  which  was  destined  for  the  ancient 
statoe  of  Athena  Polias,  according   to  certain 
prescriptions  of  the  Delphic  god.      Pisistratus 
probably  intended  that  a  new  peplus  should  be 
brought  every  four  years ;   the  Elean  maidens 
wore  a  peplna  for  the  goddess  only  once  in  every 
ibor  yean  (Paus.  v.  16,  2) ;  but  in  republican 
Athens  a   new   peplus  was    made    each  year 
(Schol  Ariatoph.  Eq.  566).     In   the  time  of 
the  Diadochi   portraits  of  some  of  these  were 
pUced  where  the  figures  of  the  gods  should  have 
heen  (Plut.  Demetr.  10).     The  peplus  was  sus- 
pended like  a  sail  from  the  yards  on  the  mast  of 
the  Panathenaic  Ship  (Schol.  on  Horn.  H.  v. 
734),  which  was  an  actual  ship,  very  large  and 
heaatifttl    The  marvellous  appearance  of  a  ship 
(nag   through    the    streets  was   effected    by 
nbterranean  machines  (Philostr.  Vit.  Soph.  ii. 
1, 5,  D.  236  Kayser ;  Paus.  L  29,  1),  of  which 
ve  ihould  very  much  like  to  have    further 
information.     The  Athenians    had   become    a 
<ea&ring  people^  and  they  wished  to  signify 
it:   the    time    of   the    agrarian   Athena   was 
Passed  (Mommsen,  188).    On  the  peplus  were 
lepreieated  the  Apcffrcca  of  the  goddess,  especi- 
^ly  her  victory  over  Enceladus  and  the  Giants 
{Schol  on  Eur.  £tec.  466  ;  Suidas,  $.  v.  I14t\os). 
U  was  considered  a  great  sight  for  the  populace 
(PUut,  Mem.  prol.  67). 

^e  procession,  marshalled  mainly  in  the 
^vt«r  Ceramicus,  partly  inside  the  town,  passed 
throQgh  the  market-place  to  the  Eleusinium  at 
^be  east  end  of  the  Acropolis  (cf.  Schol.  to 


Aristoph.  Eq.  566),  turned  round  this  to  the 
left,  and  passed  along  the  Pelasgicon,  north  of 
the  Acropolis,  and  so  reached  the  Propylaea 
(Philostr.  /.  c. ;  cp.  Xen.  Hipp.  3, 2).  Then  some 
of  the  members  performed  the  sacrifice  to  Athena 
Hygiaea,  while  others  offered  a  preliminary 
sacrifice  on  the  Areopagus.  Prayers  accom- 
panied these  offerings,  and  we  hear  of  prayers 
being  offered  for  the  Plataeans  at  the  Greater 
Panathenaea  (Herod,  vi.  111).  On  entering  the 
Acropolis,  which  was  only  allowed  to  genuine 
Athenians,  there  was  the  sacrifice  of  one  cow  to 
Athena  Nike  (Ranz.  814,  20);  after  this  fol- 
lowed the  hecatomb  to  Athena  Polias,  on  the 
large  altar  in  the  eastern  part  of  the  Acropolis. 
In  earlier  times  the  hecatomb  was  offered  at  the 
Erechtheum.  After  the  procession  followed  the 
itrrlaats.  The  flesh  of  the  victims  was  given, 
according  to  demes,  to  a  certain  fixed  number 
out  of  each  deme.  The  aKo^ij^poi  supplied 
bread  and  cakes. 

9.  The  Boat-race  was  a  supplementary  event 
on  the  29th  of  Hecatombaeon,  the  day  on  which 
ships  are  to  be  drawn  down  to  the  sea  (Hes. 
Op.  815).  It  was  held  every  four  years  in 
the  Piraeus  in  honour  of  Poseidon  (identified 
with  Erechtheus)  and  Athena.  The  difference 
of  locality  forbids  our  associating  it  with  the 
Sunian  regatta,  thoush  this  was  also  held  only 
once  in  four  years  (Herod,  vi.  87 ;  Lys.  op.  cit. 
§  5).  In  connexion  with  this  part  of  the  fes- 
tival the  orator  Lvcurgus,  in  whose  family  was 
the  priesthood  of  Poseidon  Erechtheus,  estab- 
lished three  cyclic  choruses  (Westerm.  Biofjr. 
Min.  273,  50)  in  honour  of  that  god,  with  valu- 
able prizes. 

10.  The  Calendar  of  the  Panathenaea. — For 
the  Lesser  Panathenaea  (which  was  the  nucleus 
of  the  Greater)  the  chief  day  of  the  festival  was 
the  28th  of  Hecatombaeon;  it  comprised  the 
pannychis,  the  procession,  the  sacrifices,  and  the 
feasting :  and  the  27th  sufliced  for  the  horse- 
races (when  there  were  any),  the  Enandria  and 
the  Pyrrhic  dances.  At  the  Greater  Panathe- 
naea these  days  were  allotted  to  the  same 
events.  But  the  day  on  which  the  festival 
began  will  vary  according  as  we  allow  a  longer 
or  shorter  period  for  the  three  chief  contests : 
thus  the  Musical  contest  might  last  three  days 
or  1}  days,  the  Gymnastic  two  days  or  one  day, 
and  the  Equestrian  one  day  or  half  a  day. 
According,  then,  to  the  longer  period,  the  Pan- 
athenaea would  begin  on  the  21st ;  according 
to  the  shorter,  on  the  24th.  The  longer  period 
has  the  advantage  that  it  leaves  the  afternoons 
free  for  prelections  (K.  F.  Hermann,  Or.  Alt. 
54,  24)  or  dinner-parties  (Xen.  Symp.  init.). 
The  shorter  will  suit  Thucyd.  y.  47  better; 
cf.  Mommsen,  204,  205. 

11.  The  (Officials  of  the  Festival.^l)  The  ten 
Athlothetae,  one  chosen  from  each  tribe.  They 
held  office  for  four  years,  and  their  function^  as 
Pollux  says  (viii.  93),  was  to  arrange  the 
musical,  gymnastic,  and  equestrian  contests  at 
the  Panathenaea.  We  find  in  inscriptions  that 
they  received  subsidies  from  the  rofiias  of 
the  sacred  chest  of  Athena  (C  Z  A.  i.  188). 

(2)  The  Hieropoioi  [Hiebopoioi],  who  managed 
the  Lesser  Panathenaea  (Rang.  814,  32).  They 
appear  to  have  had  nothing  to  do  with  the 
specially  Greater  festival  {Etym,  M.  p.  469,  4). 

(3)  The    Qymnasiarchae    [GniHASiUM],    who 


328 


PANCRATIASTAE 


PANCRATIUM 


especially  superintended  the  Lampadedbomia. 
(4)  The  Danarchs  [Dehabcui],  who  marshalled 
the  people  in  demes  for  the  procession  and  for 
the  iffrlaait  (Schol.  on  Aristoph.  Nub,  37; 
Suidasy  8.  v.).  Concerning  those  who  hod  per- 
quisites in  connexion  with  the  festival,  such  as 
the  fidyrus  and  archons  in  the  Kptayofdeu,  see 
Rang.  814. 

12.  Panathenaea  outside  Athens  may  perhaps 
be  inferred  from  Uayadiiyeua  iv  *A$iiyeus  in 
C,  I.  G.  1068.  We  are  told  that  Themistocles 
established  Panathenaea  in  Magnesia  (Ath.  xii. 
533),  and  in  Teos  there  was  a  guild  of  Pan- 
athenaistae  (C.  /.  G,  3073).  The  cleruchs  no 
doubt  celebrated  the  festival  abroad. 

(The  principal  works  on  the  Panathenaic  fes- 
tivals are  Meursius,  Panathenaea,  in  Gronovius's 
Thesaurus,  vii.  p.  83  ff. ;  H.  A.  Miiller,  Pai^ 
athenatcoy  1837 ;  M.  H.  £.  Meier,  Panathenaea 
in  Ersch  and  Gruber,  iii.  10,  277-294;  K.  P. 
Hermann,  Gottesd,  Alt,  §  54,  pp.  358-367; 
Krause,  a.  v.  Panathenaea  in  Pauly,  v.  1105- 
1111;  August  Mommsen,  Hedrtologie  der 
Athenery  116-205;  and  Rangab^  ii.  pp.  667- 
696.)  [L.  C.  P.] 

PANCRATIASTAE.    [Pancratium.] 

PANCRATIUM  {TrayKp&nw)  is  composed 
of  itav  and  icpdroSf  and  accordingly  signifies  an 
athletic  game,  in  which  all  the  powers  of  the 
fighter  were  called  into  action.  The  pancratium 
was  one  of  the  games  or  gymnastic  contests 
which  were  exhibited  at  all  the  great  festivals 
of  Greece ;  it  consisted  of  boxing  ana  wrestling 
(rvyfiii  and  vdkri :  cf.  Schol.  on  Pla^.  Sep,  338 
C,  D),  and  was  reckoned  to  be  one  o£  the  heavy 
or  hard  exercises  (Jkywviviuera  $ap(^  or  fiapd- 
r€pa)j  on  account  of  the  violent  exertions  and 
great  weight  of  body  it  required,  anoNibr  this 
reason  it  was  not  much  practised  Vn  the 
gymnasia;  and  where  it  was  practised, \t  was 
probably  not  without  modifications  to  render  it 
easier  for  the  boys.  According  to  the  andent 
physicians,  it  had  very  rarely  a  beneficial  influ- 
ence upon  health  (H.  Mercurial,  de  Art.  Gymnast, 
V.  7). 

At  Sparta  the  regular  pancratium  was  for- 
bidden, but  the  name  was  there  applied  to  a 
fierce  and  irregular  fight  not  controlled  by  any 
rules,  in  which  even  biting  and  scratching  were 
not  uncommon,  and  in  which,  in  short,  every- 
thing was  allowed  by  which  one  of  the  parties 
might  hope  to  overcome  the  other.  In  Homer 
we  neither  find  the  game  nor  the  name  of  the 
pancratium  mentioned ;  and  as  it  waa  not  intro- 
duced At  the  Olympic  games  until  01.  33  =  648 
B.G.  (Paua.  V.  8,  §  8),  we  may  presume  that  the 
game,  though  it  may  have  existed  long  before 
in  a  rude  state,  was  not  brought  to  any  degree 
of  perfection  until  a  short  time  before  that 
event.  It  is  scarcely  possible  to  speak  of  an 
inventor  of  the  pancratium,  as  it  must  have 
gradually  arisen  out  of  a  rude  mode  of  fighting, 
which  is  customary  among  all  uncivilised  nations, 
and  which  was  kept  up  at  Sparta  in  its  original 
state.  But  the  Greeks  regarded  Theaeus  as  the 
inventor  of  the  pancratium,  who  for  want  of  a 
sword  waa  said  to  have  used  this  mode  of  fight- 
ing against  the  Minotaurus  (Schol.  ad  Pind. 
Nem.  y.  49).  Other  legends  represented  Heracles 
as  having  been  victor  in  the  pancratium  (Pans. 
▼•  8,  §  4),  and  later  writers  make  other  heroes 
also  fight  the  pancratium  (Lucan,  PharaaL  iv. 


613,  &c.);  but  these  are  mere  fictions.  After 
the  pancratium  was  once  introduced  at  Olympia, 
it  soon  made  its  way  into  the  other  great  games 
of  Greece  also,  and  in  the  times  of  the  Roman 
emperors  we  also  find  it  practised  in  Italy.  Id 
01.  145  =  200  B.G.  the  pancratium  for  boys  was 
introduced  at  the  Olympic  games,  and  the  first 
boy  who  gained  the  victory  was  Phaedimns,  » 
native  of  a  tow^  in  Troas  (Pans.  v.  8,  m  finS), 
This  innovation  had  been  adopted  before  in 
others  of  the  national  games,  e,g,  in  the  Nemean 
(Pind.  Nem,  v.);  and  in  the  6l8t  Pythiad  (OK 
108  =  348  B.G.)  we  find  a  Theban  boy  of  the 
name  of  lolaidas  as  victor  in  the  pancratinm  at 
the  Pythian  games  (Pans.  x.  7,  §  8).  At  the 
Isthmian  games  the  pancratium  for  boys  is  only 
mentioned  in  the  mythical  age  (Paus.  v.  2,  4y 
till  quite  late  times,  but  it  may  have  been  prao* 
tised  during  the  Greek  classical  period. 

Philostratus  (^Imag.  ii.  6)  says  that  the  pan> 
cratium  of  men  was  the  most  beantifdl  of  all 
athletic  contests ;  and  the  combatants  most  cer- 
tainly have  shown  to  the  spectators  a  vmriety  of 
beautiful  and  exciting  manoeuvres,  as  all  the  arts 
of  boxing  and  wrestling  appeared  here  united 
(Aristot.  Bhet.  i.  5 ;  Plut  Sympos.  ii.  4,  p.  638, 
27). 

The  first  person  who  is  said  to  have  fonght 
the    pancratium  artistically  was    Lencaroa   of 
Acamania  (Schol.  to  Pind.  yem,  iii.   27).     It 
was  partly  fought  standing,  partly  was  a  rough 
nnd  tumble  on  the  ground  (oA/i^d'ii,  ir^AMTts). 
This  twofold  nature  explains  why  the  term  ««y- 
KpoTidCtuf  is  used  somewhat  variously,  soone- 
times  for  simple  boxing  {rh  vaUof  iix^XjiPvr 
6p9oardifiPf  Lucian,  Anach,  8) ;  but  the  idea  of 
violent  combat  seems  to  be  generally  associated 
with  it  (cf.  Aeschin.  Tim,  §  26).    Boxinc  was 
certainly  considered  the  chief  element  (Imcian, 
Anach,  8,  24;  Pind.  Nem.  iU.  17;  Schol.  on 
Pind.  Isthm.  iv.  75 ;  Schol.  on  Dem.  Mid.  p.  537, 
§  7 IX  where  allusion  is  specially  made  to  the 
blows  received  in  the  pancratium.    The  fact  too 
that  the  **  successors  of  Heracles  **  had  to  win 
their  victory  in  wrestling  (not  boxing)  and  the 
pancratium  tends  to  show  that  boxing  most 
have  been  a  principal  part  of  the  latter,  for  we 
cannot   suppose  it   to  have    been  disregarded. 
But  still  the  a^Urhiais  on  the  ground  was  a 
highly  important  feature  of  the  pancratiam. 
It  is  to  be  noticed  that  the  fist  does  not  appear 
to  have  been  closed ;  the  usual  way  to  hold  the 
hands  was  with  the  fingers  curved  (see  the  cuts). 
The  caestus  [Caestus]  were  not  used,  for  Pan  - 
sanias  never  mentions  them  in  any  of  his  accounts 
of  the  pancratium,  nor  are  they  found  on  any 
statues    or  pictures;   further.  Pans.  vi.  15,  3 
seems  to  show  that  they  were  not  used,  for  no 
teounds  are  anticipated  from  the  pancratium : 
cf.  Artemid.  Oneir.  i.  64,  rh  M  wayitpvr&sw  ri 
tdrrh,  rfi  ^Kvyii^  <ni/iaiyu  irkiiw  fixdfiifs.    Kor 
were  the  lighter  gloves  called  futXlxtu  used,  for 
they  would  have  impeded  the  movements  of  the 
fingers. 

The  name  of  these  combatants  was  «wy«^a- 
riaoTol  or  Tdftfmx^  (Pollux,  iii.  150 ;  cf.  Plat, 
Euthyd.  271  D).  Other  predicates  anplied  to 
the  pancratium  are  Kfcoxof*  lUeivros,  kifrngnsy 
iiirp6<rfiaxoSy  Aovi'/^tfrros,  vcfNtftfcmff,  fuymrxh'  • 
cf.  Krause,  Gymnastik  und  Agonistikf  p.  536. 
The  combatants  fought  naked,  and  had  their 
bodies    anointed    and    covered  with    sand,  by 


PANCRATIUM 

vhidi  tliej  were  enabled  to  take  hold  of  one 
jaothcr  (Philoetr.  /.  c. ;  Aristoph.  Pax,  897). 

When  two  pancntiastae  began  their  contest, 
t&ej  stood  with  outstretched  arms:  and  the 
dnt  object  which  each  of  them  endeaTonred  to 
acoMDplish  was  to  gain  a  fa?oarable  position 
aad  grip,  each  trying  to  make  the  other  stand 
10  tiuit  the  sun  might  shine  in  his  face,  or  that 
other  inoouTeniences  might  prerent  his  fighting 
with  success  (cf.  Cell.  xiii.  27,  §§  3,  4).  This 
struggle  was  onlj  the  introduction  to  the  real 
cootest,  though  in  certain  cases  this  preparatory 
straggle  might  terminate  the  whole  game,  as 
oM  of  the  parties  might  wear  out  the  other  by 
a  aeries  of  stratagems,  and  compel  him  to  give 
op  farther  xaabtance  (Jhroyopf^ciy).  Soatratus 
of  Sicyott  had  gained  many  a  Tictory  by  such 
tricks  (Paua.  rt.  4,  §  1).  When  the  real  contest 
begin,  each  of  the  fighters  might  commence  by 
(Mxinff  or  by  wrestling,  accordingly  as  he 
lki)iigbt  he  should  be  more  successful  in  the  one 
than  in  the  other.  The  using  the  teeth  and 
bnttiag  with  the  head  were  considered  unfair 
fighting  (M(«afiAxe«r)  and  contrary  to  the  law 
of  the  gamea  (w6ims  ipoy^tos) :  cf.  Lucian, 
Demom,  49;  Philostr.  /.  c.  The  yictory  was 
not  decided  until  one  of  the  parties  was  killed, 
n  lifted  up  a  finger,  thereby  declaring  that  he 
vu  oaable  to  continue  the  contest  either  from 
pais  or  fitigue  (Philoatr.  /.  c).  It  usually  hap- 
pened that  one  of  the  combatants,  by  some 
trick  or  other,  made  his  antagonist  fall  to  the 
giooad,  and  the  wrestling  which  then  com- 
meaoed  was  called  dboicAivosrcUii,  and  continued 
oatil  oDe  of  the  parties  declared  himself  con- 
qTiered  or  was  strangled,  as  was  the  case  at 
Oljmpia  with  Arrhichion  or  Arrachion  of  Phi- 
^ia,  in  01.  54  (=  564  B.aX  who,  howcTer, 
■ras  declared  rictor,  as  his  opponent  gate  up  at 
*ilic  last  moment  from  the  pain  of  a  broken  toe 
(?ta«.  TiiL  40,  {  1,  &C. ;  Euseb.  C^roii.  p.  150, 
iScalig.).  A  lirely  description  of  this  struggle  is 
giTen  by  Philoetratus  (f.  c).  Sometimes  one  of 
t^  fighters  fell  down  on  his  back  on  purpose 
Ust  he  mi^t  thus  ward  off  the  attacks  of  his 
utagonist  more  easily,  and  this  is  perhaps  the 
trkk  called  &wrm^ft6t.  The  usual  mode  of 
oakiag  a  person  £dl  was  to  put  one  foot  behind 
Bis,  and  then  to  push  him  backward,  or  to 
•eixe  him  round  his  body  in  such  a  manner  that 
tbe  upper  part  being  the  hearier  the  person 
kat  his  baJanoe  and  fell.     Hence  the  expres- 


PANOBATIUM 


329 


ir^MllenintbaFlsncnthmi.   CKimeO 
Eoih.  CKfOH.  p.  48>    The  aWe  woodcut  re- 


presents two  pairs  of  pancratiastae ;  the  one  on 
the  right  hand  is  an  example  of  the  dnucAiyo- 
vdAiy,  and  that  on  the  left  of  the  ftMvoXafitiy, 
They  are  taken  from  Krause's  Gymnastik  und 
Agonistik  d.  Hellen.,  Taf.  xii.  b,  Fig.  35  b,  31  b, 
where  they  are  copied  respectively  from  Grivaud, 
Mec,  d.  Men.  Ant.  vol.  i.  pi.  20,  21,  and  Krause, 
Signorvm  vet.  ioones,  tab.  10. 

As  the  contest  was  in  a  large  measure  wrest- 
ling, many  of  the  tricks  of  wrestlers — &irpox«- 
ptiTfuds,  &7XCIV)  \tfyl(ti¥f  <rrp€fi\ow  or  trrpi' 
^» — were  often  used.  Violently  to  throw 
oneself  on  one's  opponent  {ip^XK^aihi)  was  a 
common  feature  (cf.  Pollux,  /.  c. ;  Philoetr.  /.  c). 
Many  of  the  recognised  figures  and  movementa 
of  the  pancratium  were  imitated  in  the  gymno- 
paedic  danoe  (Athen.  xiv.  631).  As  an  essen- 
tial  part  of  the  pancratium  was  a  struggle  on 
the  ground,  and  as  regular  battle  with  an  enemy 
was  a  standing  not  a  lying  combat,  Plato  ^Legg. 
▼iii.  832  £,  834  A,  B)  banished  the  pancratium 
from  his  State,  and  suhctitoted  the  contest  of 
light-armed  warriors  (veXraoruc^)- 

The  contests  of  pancratiastae  at  Olympia  took 
place  about  mid-day :  for  in  472  B.C.,  beginning 
rather  late,  they  continued  on  that  occasion 
into  the  night  (Paus.  vi.  24,  1:  cf.  v.  9,  3; 
Tiu.  40,  3). 

At  Rome  the  pancratium  is  first  mentioned  in 
the  games  which  Caligula  gave  to  the  people 
(Dio  Cass.  lix.  13,  9).  After  this  time  it  seema 
to  have  become  extremely  popular,  and  Justinian 
{Novell.  CT.  c.  1,  provided  wdytca^or  be,  as  some 
suppose,  a  mistake  for  wvyKp^ioy)  made  it  one 
of  the  seven  solemnities  (vp^oSoi)  which  the 
consuls  had  to  provide  for  the  amusement  of  the 
people. 

Several  of  the  Greek  pancratiastae  have  been 
immortalised  in  the  epinician  odes  of  Pindar, 
namely  Timodemus  of  Athens  {Nem.  ii.)^  Melissua 
and  Strepsiades  of  Thebes  {hth.  iv.  and  vii.), 
Aristoclides,  Phylacides  and  Oleander  of  Aegina 
(Nem.  iii.,  Jsth,  ▼.  and  vi.,  viii.),  and  a  boy 
Pytheas  of  Aegina  (Ifem.  v.).  But  besides  these 
the  names  of  a  great  many  other  victors  in  the 
pancratium  are  known.  (Compare  Fellows, 
Ditooverin  m  Lyda,  p.  313,  Loud.  1841.)  A 
victor  in  both  wrestling  and  the  pancratium 
on  the  same  day  at  Olympia  was  especially 
honoured,  and  considered  to  be  the  successor  of 
Heracles.  His  name  was  regarded  as  worthy  of 
being  recorded  for 
posterity.  The 
first  successor  o£ 
Heracles  (Paus.  t. 
8,  4)  was  Caprus 
of  Elea,  in  204 
B.C.  (A.  V.  21,  10, 
where  a  long  list 
of  similar  Tictors 
in  aftcT'times  is 
given).  They 

appear  to  have 
been  sometimes 
called  vopaSo^o- 
rocoi  (Plut.  Oomp. 
Cim.etLucuiL2). 
For  a  distin- 
guished pancra-  p^craUmn.  (Krauae.) 
tiast    to    wm    a 

victory  in  one  of  the  races  was  almost  unheard 
of,  the  training  required  in  either  caae  being  so 


N 


330 


PANDSGTAK 


verj  speoial  (c£  Epictet.  iii.  1 ;  Diod.  iT.  14),  yet 
the  pancratiast  Theagenes  won  the  long  race  at 
Phthia  (Pans.  vi.  11,  5).  Other  celebrated 
pancratiastae  were  Polydamas  (vi.  5,  4-6),  Pro- 
machus,  Timasithens  (vi.  8,  6-7})  Clitomachos 
(vi.  15,  3-5),  &C. 

The  diet  aad  training  of  the  pancratiastae 
were  the  «lme  as  those  of  other  athletae. 
£Athleta£.]  Thej  generally  wore  their  hair 
in  a  bunch. (ctrrus,  Suet.  i\r>ro,  45)  on  the  top 
of  the  head ;  see  the  preceding  cut  taken  from 
Krause  (opi  cit,  Taf.  zviii.  Fig.  68). 

(Compare  Hieron.  Mercurialis,  de  Arte  Gym' 
nastiaa ;  J.  H,  Krause,  Die  Oymnaetik  und 
Agonietih  d&r  Helh'nen,  vol.  i.  pp.  534-556 ;  also 
in  Pauly,  iii.  1019-1021,  s.  t.  Gumnaetica, 
sect.  xiT.)    .  \t,  S.]    [L.  C.  P.] 

PAKDEGTAE  or  DIGh£TA.  Justinian, 
having  determined  at  the  beginning  of  his  reign 
to  reduce  the  entire  bodv  of  Roman  law  to  a  new 
and  more  compendious  form,  first  caused  a  com- 
pilation or  codex  to  be  made  of  imperial  statute 
law  {lex)y  and  then  proceeded  to  the  more 
ambitious  project  of  digesting  the  law  contained 
in  the  writings  of  the  iurjsts  (/«<)•  The  diffi- 
culty of  ascertaining  the  law  from  this  latter 
aource,  owing  to  the.  number  of  books  to  be  con- 
sulted, the  scarcity  of  copies  of  them,  and  their 
want  of  agreement,  had  long  been  regarded  as  a 
great  practical  evil.  An  imperfect  remedy  for 
it  had  been  supplied  by  an  enactment  of 
Theodosius  II.  and  Valentinian  III.  A.D.  426, 
who  had  declared  that  only  the  writings  of  five 
€minent  jurists  and  of  other  jurists  cited  by 
them  should  have  legal  authority ;  and  they  at 
the  same  time  laid  down  rules  for  determining 
questions  upon  which  these  jurists  disagreed 
[JuBisoa&lsuLTl].  It  was  left  to  Justinian  to 
carry  out  a  complete  measure  of  reform,  though 
it  was  one  which  had  long  been  contemplated. 
In  the  last  month  of  A.D.  530,  this  emperor,  in  a 
constitution  called  from  its  first  words  Deo 
amtore^  addressed  to  Tribonian,  who  had  been 
employed  in.  preparing  the  Oodex  Constitu- 
tionum,  eropowereid  him  to  name  a  commission 
of  which  he  was  to  be  the  head,  for  the  purpose 
of  making  a  Digest  from  the  writings  of  those 
jurists  to  ^Jiose  works  legal  authority  had  been 
given  by  emperors,  e,g,  by  the  law  of  citations^  or, 
as  it  is  expressed  by  Justinian,  "Antiquorum 
prudentium  quibns  auctoritatem  conscriben- 
darum  interpretandarumque  legum  sacratisslmi 
principes  praebuerunt."  The  Digest,  however, 
contains  extracts  from  Henno^nianus  and 
Arcadins  Charisius,  and  po8sil>ly  from  one  or  two 
other  jurists,  who  were  subsequent  in  date  to 
the  classical  jurists.  The  compilers  were  not 
bound  by  the  rules  of  the  law  of  citations  for 
settling  cases  of  dispute,  but  had  full  power  to 
declare  the  law  as  they  thought  fit.  Many  con- 
troversies bad  been  previously .  settleJ  bv 
Justinian  in  his  qyUnquagifda  deciewnes,  which 
were  subsequently  embodied  in  the  Codex 
repetiiae  praelectkmit.  The  instructions  of  the 
Emperor  were,  ta  select  what  was  useful,  to 
omit  what  was  antiquated  or  superfluous,  to 
atoid  unnecessary  repetitions,  to  eet  rid  of  con- 
tradictions, and  to  make  such  other  changes  as 
should  produce  out  of  the  mass  of  ancient  j  u  ristical 
writings  a  useful  and  complete  body  of  law. 
The  work  was  to  be  distributed  into  fifty  books, 
and  the  hooka  were  to  bfs  subdivided  into  titles 


PANDEGTAE 

(UttJi).  The  compilation  was  to  be  named 
Digesta,  a  JLa^  term  indicating  a  ooUcction 
or  arrangement  of  the  works  of  an  author 
(Mommsen,  Zeiisoh,  /.  MeohtegeicK  viL  480>,  or 
Fandectaet  a  Greek  word  ej^preisive  of  the  00m- 
prehensiveness  of  the  work.  The  name  Di^Ha 
had  been  used  hy  Salvius  Julianus  for  the  title 
of  his  chief  wor^,  and  also  by  the  jurists  Celsos 
and  Maroellus,  The  word  Pcmdectae  had  also 
been  applied  to  eonpilations  which  contained 
various  kinds  of  matter  (Qell.,  Pnef.)  Thus 
the  Pandects  of  .Ulpian  and  of  Jlodestinos  are 
spoken  oL  Justinian  strictly  prohibited  any 
commentaries  being  written  on  the  Digest,  so  as 
to  prevent  his  work  being  buried  under  a  mass 
of  interpre^tionk  Permission,  however,  was 
given-  to  make  j»araii^  or  references  to  parallel 
passages,  with  a.  sh^ort  statement  of  their  oon- 
tents  (Oonst.  Deo  aw^tore,  s.  12:  cf.  Heimbach, 
Proleg,  ad  Basil,  vol.  yi.  p.  4).  It  was  also  pro- 
vided that  .abbreviations  (jngh)  should  zu>t  be 
used  in  forming  the  text  of  the  Digest.  The 
writings  of  the  jurisls  were  deprived  of  all 
independent  authority,  and  were  not  to  be  used 
for  th^  purpose  of  elucidating  the  meaning  of 
the  text.  Thus  the  Digest,  together  with  the 
other  parts  of  Justinian's  legislation,  was  to  be 
the  exclusive  source  oi  law.  The  work  was 
completed  in  three  yeai^,  as  appears  by  a  con- 
stitution both  Jn  Greek  and  Latin,  which  con- 
firmed the  .work,  and.  gave  to  it  statutory 
authority  {Conei.  Tanfek.  and  A^8«Mc«y).  It 
became  law  on  the  30^  .Dec,  A.IX  533w  The 
rapidity  with  which  the  compilers  completed 
their  work  is  remarkable,  though  in  estimating 
it  we  should  remember  that  they  had  not  to 
draft  a  code  of  new  rules,  but  were  mainly 
occupied  in  selecting  and  co-ordinating  ancient 
materials.  Besides  Triho^iatt,  who  had  the 
general  conduct  of  the  undertaking,  sixteen 
other  persons  afe  mentioned  as  having  been 
employed  in  the  work,  .among  whom  were 
Constantinus,  an  official  of  high  rank,  the 
professors  Dorotheas  and  AnatoTios,  who  had 
been  invited  for  that  purpose  from  the  law 
school  of  Berytus,  and  the  professors  Theophilus 
and  Cratinus,  who  taught  at  Constantinople. 
Besides  these,  there  were  eleven  practising 
lawyers.  The  vast  extent  of  the  work  of  the 
compilers  is  shown  by  the  statement  that  they 
made  use  of  nearly  2,000  different  treatises, 
which  contained  3,000,000  lines  (osrsiii^  9rixo*\ 
but  the  amount  inserted  in  thdr  compilation 
was  only  150,000  lines,  according  to  the  state- 
ment of  Justinian.  Tribonian  procored  this 
large  collection  of  treatises,  many  of  which  had 
fallen  into  oblivion,  and  a  list  of  them  with  the 
names  of  their  authors  was  prefixed  to  the  work, 
pursuant  to  the  instructions  of  Justinian  {QmsL 
Tanta,  &c.  s.  16).  Such  a  list  is  at  present  only 
found  in  the  Florentine  MS.  of  the  Digest, 
written  in  Greek.  Although  it  is  not  exact, 
containing  some  treatises  from  which  no  extracts 
were  taken  and  omitting  others  which  were 
used,  it  is  probably  a  copy  of  the  Index 
mentioned  in  the  CkmstiMio  Tanta,  The  Index 
comprises  381  authors,  207  treatises,  and  1544 
books.  Salvius  Julianus  and  Paplnian  head 
the  list,  otherwise  the  order  of  names  u  in- 
tended to  be  historical,  and,  as  a  general  rule, 
is  so. 
In  accordance  with  the  instructions  of  Jus* 


FAMBBOTAS 


PA3n>ECTAE 


S»l 


tiattDt  Um  Dig/ut  is  disiribatad  into  £fiy  bookit 
vbich  with  the  ezooption..  o£  three  books  an 
diriikd  inU  TitlM,  of  which  then  are  432.  The 
book!  30,  31,  and  32  are  not  divided  into  Titles, 
bit  have  one  common  title,  De  kgatk  et 
^iikmumitit  Under  each  Tide  are  placed  the 
extracts  firom  the  several  jnrists,  numbered  1, 2, 
3v  and  ao  on,  with  the  writer's  name  and  the 
aame  and  division  of  the  work  from  which  the 
extract  is  made.  These  extracts  amount  to 
^42.  No  name  corrcspoading  to  Liber  or 
Teniae  is  given  to  these -subdivisions  of  Tituti, 
which  are  formed  bj  the  extracts  from  the 
wveial  writen,  but  Justinian  (Const»  Tonto,  L 
7)  has  called  them  leges,  and  thej  are  often 
dnignaled  bj  thia  term ;  another  common  term 
oaed  to  denote  them  ia  fragmtnia.  The  fiftj 
books  di&r  materially  both  in  bulk,  number  of 
tides,  end  number  of  eztraots. 

Various   ways  of  citing  passages  from  the 

IKfast  have  been  in  use  at  dilTerent  times  and 

erantries.    The  Bysantioe  writers  gave  tot.  the 

aember  of  the  book  (fiissfiifiKtii)p  then  that  of 

the   title  (ri),    and  lastly  the  .extract  (8ry). 

The    Qlossntors   simply    gave    the    robrio    of 

the  title  awl  the  6r8t  words  of  the  extract, 

ss  alio  of  the  paragr^h  or  section*    Subse- 

qoeatJy  the  number  of  the  fragment  and  section 

wss  substituted  for  the  first  words.    Modem 

writers  frequently  give  the  number  of  the  book 

sad  title  as  well  as  of  the  fragment  and  para* 

gimph.     Among  German  civilians  it  has  been 

uoal  to  put  the  number  of  the  fragment  and 

psiagraph    before  the  rubric,  and  in  modem 

times  to  insert  after  the  mbric  the  number  of 

the  book  and  title :  e^.  1.  or  fr.  1,  §  5,  de  obli- 

gitionibus  et  actionibus,  44,  7.    It  has  become 

asnsl  among   English   writers  to  cite  in  the 

reverse  order,  and  to  leave  out  the  mbric :  e^. 

D.  44,  7,   1,  §  5.    The  Glossators  and  their 

isUoweia,  in  referring  to  the  Digest,  sometimes 

indicate  the  work  bv  P,  p,  or  v  (for  Pandectae) 

snd  sometimes  by  D  or  ff. — ^ff.  being  derired 

&WD  a  mode  of  writing  t  with  a  line  through 

it  (ZtitaGk.  f.  MechtegesGh.  xii.  300).    The  oldest 

piated  English  work  in   which  the  Digest  is 

dtad  is  Bracton*s    I^reaHee    on    the   Law   of 

Siigiaitdt  aadi  bis  mode  of  citation  is  naturally 

that  of  the  Glossators  firom  whom  his  knowledge 

of  Roman   law  was  derived.    (Too  Discowrtei 

by  G.  Long,  London,  1847,  p.  107.) 

Justinian  divided  the  whole  fifty  books  into 
seven  large  masses,  called  partee,  which  perhaps 
ocfresponded  with  the  seven  main  divisions  of 
the  works  on  the  Edict,  and  had  also  a  special 
ftfcrence    to    the   course  of  instmction    then 
ostabliihed.      (For    the    mystical    significance 
which  may  attach  to  the  numbers  adopted  by 
Justinian,  cf.   Conet.    Tanta,  §{   1,  2,  «*£t  in 
septan  partes  eos  digessimoa,  non    perperam 
ueque  sine  ratione,  sed  m  aumeroram  naturam  et 
vtcm  respidentes  et  oonsentaneam  eis  divisionsm 
paitinm   oonficientes;"   and  see  Hofmann    in 
ZeUteh^  f.    Becktegeech,  xi.   340,  6c.;    Roby, 
Introd,  p.  ixiz.)    The  first  part  (vpirra)  com- 
prises the  first    four   books;    the  second  (de 
JsdieuiX  >i^  i^-  fmm  the  fifth  to  the  eleventh ; 
the  third  (de  rebue),  seven,  U.  from  the  twelfth 
to  the  nineteenth;  the  fourth  (the  wnbUkue 
'oadsclanen,  or  central  part),  from  the  twentieth 
to  tbe  twenty-seventh ;  the  fifth  (de  tesiameniU), 
■me,  ie.  from  the  twenty-eighth  to  the  thirty- 


sixth  ;  the  sixth,  seven,  «>.  from  thirty-seventh 
to  forty-fourth ;  and  the  seventh,  five,  from  the 
forty-fifth  to  the  fiftieth. 

Tbe  number  of  writers  from  whose  works 
extracts  were  made  is  thirty-nine,  comprehend- 
ing those  jurists  from  whom  extracts  have  been 
erroneouiily  supposed  by  Gibbon  and  others  to 
have  been  made  at  secondhand,  as  G.- Mucins 
Scaevola,  the  Pontifex,  from  whom  four  frag- 
ments were,  and  Aelius  Gallus,  from  whom  one 
fragment  is  taken,  whose  name  is  omitted  from 
tlie  Florentine  index;  but  omitting  Servius 
Sulpicins  Rufus,  who  is  represented  by  his 
pupil  Alfenus,  distinguishing  Aelius  Grallus  from 
Julius  Aqnila,  Yenuleius  from  Claudius  Satur- 
ninus,  assuming  that  there  is  only  one  Pomponius, 
and  omitting  Sabinus,  whose  name  is  erroneously 
inserted  in  the  Florentine  Index*  (Zimmem, 
Oeach.  dee  r&m.  Privatrechts,  p.  224.) 

The  following  is  the  list  of  jurists  fromwiiose 
writings  the  Digest  was  oonstmcted,  as  it  was 
given  in  the  Faiingenesia  of  Hommel,  who  has 
arranged  the  matter  taken  from  each  writer 
under  his  name,  and  placed  the  names  in  alpha- 
betical order.  (The  new  PaOngeneeia  by  Lenel 
is  not  sufficiently  advanced  to  make  it  available 
for  this  purpose.)  The  dates  of  the  jurists  and  the 
other  fSscts  appended  are  to  a  great  extent  taken 
from  Mr.  Roby's  Introduction  to  the  Digeet,  The 
figures  in  the  third  column  indicate  the  pro* 
portions  contributed  to  the  Digest  by  each  jurist, 
estimated  in  the  pages  of  Hommel.  (a)  denotes 
that  the  contribution  is  under  one  page  of  the 
Palingenesia.  The  extracts  from  many  of  the 
writers  are  few  and  short:  those  from  Ulpian 
are  more  than  a  third  of  the  whole;  and  next 
to  these  the  extracts  from  Paulus,  Papinian, 
Jnlianus,  Pomponius,  Q.  Gervidlus  Scaevolay 
and  Gaius,  are  the  largest. 


DATS. 

Sextas  OsedUns  AMcsaus 

.  Hadrian     sod     the 

Antoalnes  .    .    .  isk 

Alfenos  Varan     *    •    « 

•  A  pupU  of  Servius 

. 

Snlpikius  and  oon- 

temporaiyofCloero   9 

Furius  Anthlsnns    •    . 

.  Unknown,  last    but 

two  in  Fkfrentine 

Index    .    .    .    .   (a) 

Julius  Aquila.    .    .    . 

.    In  Florentine  Index, 

Oallns Aquila;  un- 

known;   in  Index 

between  Maidanus 

and  Modestlnus     .  (a) 

AurelinaAroadlnsGharislnB  Oonstaotlns    .    .    .    2i 

OsUistntus    .... 

.  Sevens  snd  OsiacaUa  1ft 

Jnventlos  Celsas.    •    . 

.  Domitian  snd  Hadrian  li. 

Florentinus    .... 

•  Unknown,    but    cL 

r4g.  41,  1,  16 .     .    4 

Oslns 

.  Hadrian  snd  the  An- 

tonlnes  .          .     .63 

C.  Aelius  Osllns  .    .    . 

.  A    contemporary  of 

Cicero    •    .     .     .  (a) 

Claodius  Hsnnogenlsaus 

.  Conataatlne  the  Great  Sf 

Priecos  Ja^lenus    .    . 

.  Trajan  and  Hadrian  .  13 

p.  Sslvtuo  JuUsnus  .    . 

.  Hadrian     .    .    .    .  ev 

M.  AntlsUus  Labeo  .     . 

•  Augustus  ....  10 

AemiUasMsoer  .    •    . 

.  Alex.  Sevems.    .    •  10 

Lncios  Volusius  Maedsnus  Antoninus  Plus   .    •    T 

Lucius  Ulplus  Msroellus 

.  The  Antonines    .  • .  11 

Aelius  Mvcisnus     •    . 

.  Csrscalla  snd  Alex- 

ander Severos  .    .  sr 

Junius  Msuridanus .    . 

.  Antoninus  Plus  •    .  (a) 

ButUius  Maximus    .     . 

.  Unknown;    In     the 

Index  Isst  but  one.  (a) 

Anins  Menaadcr.    •    . 

•  GSiacalla   ....    a 

332 


PANDECTAE 


Qnlntus  Madns  ScmvoU 

Hexvnniiis  ModeBUnui  . 
Priacoi  Nentiiw  .  .  . 
L.  AemiliuB  Papinianiu 
jQBtQB  FtipfriaB  .  .  . 
JnlioB  Panlvn.  .  .  • 
SextuB  Fomponiiis    .    . 


Procului    ..•••• 

LtdnioB  Bnfinuf .     .    .  > 

GUadliis  SattiminaB .     .  . 

Q.  Oervidlns  ScMvola    .  . 

Fttteraiu  Tamoteniis    .  . 

Clemens  TerentioB    .    .  . 
Q.  Sept.  FloreDB  Tertallianus 

Clandins  Tryphoninui   .  . 
Sftlvina  Abonoi  ValcDS 

Vennletui  Seinminu     .    , 
DomlUus  UlpiADiw    .    .    . 


DATS. 

Pontlfex     Maximui. 

CoDsal  B.C.  95  .  .  (a) 
ApnpUofUlplui  .  40 
Tn^an  and  Hedzlea  .  U 
Sevenis  and  OAncalU  92 
Commodui.  ...  2 
Alex.  Sererat.  .  268 
Hadrton  and  the  An- 

teolnea  •     ■     >     .  70 
,  Tiberiua  and  hia  auc- 


•     «      •      I     V 

Caracalla    ....    1 
The  Antoninea     .    .    I 
The  Antoninea     .     .  74^ 
Gonunodns.     .     .     .  (a) 
Antoninoa  Plua   .     .    3i 
The  Antoninea    .     .    1 
Caracalla  ....  18 
Hadrian  and   Anto- 

ninnaPlna  .     .    •    S' 
The  Antoninea   .    .  10 
,  S.  SeveruB  and  Alex. 

Severoa ...      010 


It  follows  from  the  instractions  of  the  £inperor 
and  the  object  of  his  work  that  the  extracts 
from  the  jurists  are  not  always  given  in  their 
exact  words,  alterations  and  additions  being 
required  in  them  in  order  that  inconsistencies 
and  repetitions  might  be  aroided  and  the  law 
brought  up  to  date.  The  presence  of  these 
interpolations,  called  by  civilians  enMemata 
2Vi6ontans  is  not  indicated  by  the  compilers, 
and  hence  we  frequently  cannot  be  sure  of  the 
extent  to  which  extracts  represent  what  the 
jurists  to  whom  they  are  attributed  actually 
wrote  (cf.  Qradenwitx,  Interpolatumen  in  dm 
Pandekien), 

In  some  cases  we  have  the  means  of  comparing 
extracts  with  their  originals  (for  such  a  com- 
parison see  Roby's  Iwtrod,  ch.  v.),  but  for  the 
most  part  the  writings  of  the  Roman  jurists 
only  exist  in  the  form  in  which  they  were 
adopted  by  Justinian.  The  compilers  appear  to 
have  frequently  obscured  the  meaning  of 
passages  by  their  interpolations;  they  have  in 
some  cases  admitted  antinomies,  and  have  in- 
serted many  repetitions.  (On  the  latter  subject, 
cf.  Bluhme,  DisaertaUo  de  geminatU  et  riinil9iu$ 
quae  in  Digestif  inveniuntur  capUSbfiu.) 

But  the  chief  defect  of  the  Digest  consists  in 
its  want  of  svstematic  arrangement,  subjects 
belonging  to  the  same  department  of  law  being 
sometimes  separated  in  the  most  arbitrary  way. 
It  will  be  remembered  that  the  compilers  were 
fettered  bv  the  Emperor's  instructions,  which 
required  them  to  arrange  (digerere)  the  whole 
body  of  the  law  comprised  in  the  Digest  accord- 
ing to  the  Code  and  the  Edictum  Perpetuum. 
Thus  the  books  and  titles  of  the  Digest  were, 
generally  speaking,  arranged  after  the  pattern 
of  the  Edict,  for  the  Code  also  followed  the  Edict 
in  its  arrangement.  (For  the  probable  order 
of  topics  in  the  Edict,  see  Lenel,  Dot  Edichan 
Perpetwmu)  This  order  of  subjects,  though 
extremely  confusing  to  a  modem  reader,  would 
have  been  familiar  to  the  lawyers  of  Justinian's 
time  from  the  commentaries  on  the  Edict,  and  was 
no  doubt  regarded  by  them  as  a  convenient  one 
for  practicu  purposes. 

It  has  long  been  a  matter  of  dispute  whether 
the  compilers  of  the  Digest  were  guided  by  any, 
and,  if  any,  by  what  principle  in  the  arrange- 
ment of  the  several  extracts  under  the  respective 


PANDECTAE 

titles.  The  subject  is  examined  in  a  very  leaned 
essay  by  Bluhme,  entitled  Die  Ordiung  der 
Fragmeate  in  der  Pandektentiteln  {Zeitsckrift 
fur  Becntsgetch.^  vol.  iv.).  The  investigation 
is  of  course  founded  on  the  titles  of  the 
several  works  of  the  jurists,  which  as  already 
observed  are  given  at  the  head  of  each  extract : 
thus,  for  instance,  in  the  beginning  of  the  third 
book,  the  first  seven  eitracts  are  headed  as 
follows :  **  Ulpianus  Ubro  sexagesimo  quarto  ad 
Edictum;"  **Idem  Libro  primo  Fideicommi»- 
Borum;"  **Idem  Libro  quarto  ad  Sabinum;" 
'<Idem  Libro  quinto  ad  Sabinom;"  *'Panliu 
Libro  primo  ad  Sabinum;"  **Julianus  Libre 
trigesimo  tertio  Digestorum;"  <<Paulus  Ubro 
secundo  ad  Sabinum."  These  will  serve  s» 
samples  of  the  whole,  and  will  explain  the 
following  remarks  from  Bluhme,  whose  con- 
clusions are  these:— ** The  compilers  separated 
all  the  writings  from  which  extrmcU  were  to  be 
made,  into  three  parts,  and  formed  themseWes 
into  three  committees.  Each  committee  read 
through  in  order  the  books  thai  had  fallen  to  iU 
lot,  yet  BO  tha^  books  which  were  closely  related 
as  to  their  contents  were  extracted  at  the  same 
time.  The  books  were  compared  with  the  Code 
of  Justinian,  and  what  was  selected  for  the  new 
compilation  was  plaoed  under  a  title  taken 
either  from  the  Code,  the  Edict,  or  in  case  of 
necessity  from  the  work  itself  which  was  ex- 
tracted. What  came  under  the  same  title  wsf 
compared ;  repetitions  were  erased,  oontradictioos 
were  got  rid  of,  and  alterations  were  made,  when 
the  contents  of  the  extracts  seemed  to  require  it. 
When  the  three  committees  had  finish^  their 
labours,  the  present  Digest  was  formed  out  of 
the  three  collections  of  extracts.  In  order  to 
accomplish  this,  they  made  that  collection  the 
foundation  of  each  title  which  contained  the 
most  numerous  or  at  least  the  longest  extracts. 
With  these  they  compared  the  smaller  collections, 
striking  out,  as  they  had  done  before,  repetitions 
and  contradictions,  making  the  necessary  ad- 
ditions, and  giving  more  exact  definitions  and 
general  principles.  What  remained  over  of  the 
smaller  collections  without  having  had  an 
appropriate  place  assigned  to  it,  wan  placed  after 
the  first  collection,  and  iu  place  in  the  eerie 
after  the  first  collection  was  generally  deter- 
mined by  the  number  of  extracts." 

*<The  Digest  does  not  seem  to  have  been  sub- 
jected to  any  further  revision." 

Bluhme  remarks  that,  although  the  Consti- 
tutions Deo  Audore^  fmperatoriam^  TantOj  and 
Cordi  contain  much  information  on  the  ecooonf 
of  the  Digest  and  the  mode  of  proceeding  of  the 
compilers,  only  the  two  following  fitcts  are 
distinctly  sUted:— 1.  That  the  extracts  from 
the  writings  of  the  jurists  were  arranged 
according  to  the  titles  of  the  Code  and  the  Edict. 
2.  That  the  extracts  were  compared  with  the 
Code.  Accordingly  everything  else  most  be 
proved  from  an  examination  of  the  work  itself, 
and  thif  it  the  object  of  Bluhme's  laborious  esssr. 
He  observes  that  if  a  person  will  examine  the 
extracts  in  the  titles  De  Verborum  Significatione 
and  De  Regulis  Juris  (50,  tit.  16,  17),  he  wili 
find  a  regular  order  observable  in  the  titles  of 
the  juristical  works  from  which  the  eitracts  nre 
Uken.  Generally,  the  series  of  the  books  qaottn} 
shows  that  the  original  order  of  the  works  fVotn 
which  the  extracU  were  to  be  made  hat  not 


PANDIA 


PANEGTBIS 


333 


^een  attend ;  and  the  seyeral  works  generally 
follow  in  both  these  titles  in  the  same  order.  A 
similar  remark  applies  to  the  title  De  Verborum 
Obligationibns  (Dig.  45,  tit.  1),  though  there  is 
s  TariaUon  in  all  the  three  titles  as  to  the 
Rlatire  order  of  the  three  masses,  which  are 
prcsentl J  to  be  mentioned.  *'  In  the  remaining 
titles  of  the  Digest,"  adds  Blnhme,  « at  first 
sight  it  appears  as  if  one  oonld  find  no  other 
dtttinction  in  the  titles  of  the  extracts  than  this, 
that  one  part  of  them  has  a  certain  kind  of 
ooonezion,  and  another  part  merely  indicates  a 
notley  aaaemblage  of  books  oat  of  which  the 
extracts  have  been  made.  Bnt  on  a  closer  com- 
parison not  only  are  three  masses  clearly  dis- 
tiagnishabla,  bnt  this  comparison  leads  to  the 
certain  oonclnsion,  that  all  the  writings  which 
were  nsed  in  the  compilation  of  the  Digest 
may  be  referred  to  three  classes.  The  Com- 
msntariei  on  Sabinns  (Ad  SabinnmX  on  the 
E£ct  (Ad  Edictnm),  and  Papinian's  writings  are 
at  the  head  of  these  three  classes.  We  may 
accordingly  denote  these  three  mssses  respectively 
by  the  names  Sabinian,  the  Edict,  and  Fapinian. 
In  each  of  these  classes  the  seyeral  works  from 
which  extracts  are  made,  always  follow  in 
legnlar  order."  This  order  is  shown  by  a  table 
whidi  Blnhme  has  inserted  in  his  essay. 

This  article,  if  read  in  connexion  with  the 
srtieles  OODSX  and  laanrunoMES,  will  giro 
soaae  general  notion  of  the  Legislation  of  Jos- 
tiniaa,  the  objects  of  which  cannot  be  expressed 
better  than  in  the  following  words: — ** Jus- 
tinian's plan  embraced  two  principal  works,  one 
of  which  waa  to  be  a  selection  from  the  Jurists 
and  the  other  from  the  Constitutiones.  The 
first,  the  Pandect,  was  rery  appropriately  in- 
tended to  contain  the  foundation  of  the  law : 
it  was  the  first  work  since  the  date  of  the 
TwelTe  Tables,  which  in  itself,  and  without 
nippoeiag  the  existence  of  any  other,  might 
ferre  as  a  central  point  of  the  whole  body  of  the 
law.  It  may  be  properly  called  a  Code,  and  the 
fint  complete  Code  since  the  time  of  the  Twelre 
Tables,  though  a  large  part  of  its  contents  is  not 
Law,  but  oonsists  of  Dogma  and  the  inresti- 
gation  of  particular  cases.  Instead  of  the 
■toffident  rules  of  Valentinian  III.,  the  excerpts 
in  the  PUidact  are  taken  immediately  from  the 
writings  of  the  Jurists  in  great  numbers,  and 
arranged  aooordlng  to  their  matter.  The  Code 
also  has  a  more  oomprehensire  plan  than  the 
earlier  codas,  since  it  comprises  both  Rescripts 
sad  Edicts.  These  two  works,  the  Pandect  and 
the  Code,  ought  properly  to  be  considered  as  the 
completion  of  Justinian's  design.  The  Institu- 
taones  cannot  be  riewed  as  a  third  work,  inde- 
pendent of  both:  it  serres  as  an  introduction 
to  them  or  as  a  manual.  Lastly,  the  Norellae 
are  sii^le  and  subsequent  additions  and  altera- 
tioDs,  ttd  it  is  merely  an  accidental  circumstance 
that  a  third  edition  of  the  Code  was  not  made 
at  the  end  of  Justinian's  reign,  which  would 
bsTe  comprised  the  NoTellae  which  had  a 
permanent  application."  (Savigny,  Oetch.  d. 
rAa.  MtckU,  i.  p.  U.) 

For  the  editions  of  the  Digest,  see  Teuffel, 
Bid,  0/  Rem.  Lit,  {  480, 11,  12;  and  compare 
OOWTO  JtJRn.  [G.  L.]    [E.  A.  W.] 

PAinOIA,  a  festival  celebrated  at  Athens 
after  the  Dionysia,  in  the  middle  of  the  month 
Qapheboljon  (Dem.  Meid.  p.  517,   f  9).     lU 


origin  has  been  a  matter  of  dispute  even  among 
the  ancients,  as  may  be  seen  by  reference  to 
Etym.  M.  and  Photius  s.  r.,  where  three  origins 
are  assigned, — Pandia,  the  moon-goddess,  the 
Attic  king  Pandion,  and  Zeus.  Hermann  takes 
it  to  be  a  general  feast  of  the  old  tribe  Diaa,  and 
Welcker  as  an  ^*  all-Zeus  "  festival ;  but  proba- 
bly the  right  view  is  that  of  A.  Mommsen  and 
Preller,  that  it  was  a  full'tnoon  feast  in  honour 
of  Pandia,  an  equivalent  name  for  Selene,  or  of 
Artemis  when  her  worship  was  afterwards  iden- 
tified with  that  of  Selene.  It  is  not  impossible 
that  in  course  of  time  the  tribe  Pandionis  may 
have  regarded  themselves  as  specially  connected 
with  this  festival,  though  we  have  no  clear  evi- 
dence of  it,  nor  again  that  Zeus,  as  Preller 
thinks,  may  afterwards  have  been  associated  in 
the  worship.  The  exact  date  seems  to  be  the 
14th  of  Elaphebolion,  if  the  13th  ended  the 
Dionrsia.  (See  Diontbia,  Vol.  h  p.  640;  A. 
Mouunsen,  Hwrtol.  pp.  61,  389,  396;  Preller, 
Oriech.JHffth,UU7.)  [L  S.]    [G.  E.  M.] 

PANE'OYRIS  (vtaHfyvpu)  signifies  a  meet- 
ing or  assembly  of  a  whole  people  at  fixed 
periods,  varying  in  the  diflferent  cases,  for  the 
purpose  of  worshipping  at  a  common  sanctuary. 
But  the  word  is  used  in  three  ways : — 1.  For  a 
meeting  of  the  inhabitants  of  one  particular 
town  and  its  vicinity  [Ephesxa];  2.  For  a 
meeting  of  the  inhabitants  of  a  whole  district,  a 
province,  or  of  the  whole  body  of  people  belong- 
ing to  a  particular  tribe  [Cabneia,  Delia, 
Pambobotia,  Panionia];  and  3.  For  great 
national  meetings,  as  at  the  Olympic,  Pythian, 
Isthmian,  and  Nemean  games.  Such  in  its 
origin  also  was  the  great  Ainphictyonic  meeting, 
which  assumed  more  political  importance  than 
other  panegyreii.  Although,  in  all  panegyreis 
which  we  know,  the  religious  character  forms 
the  most  prominent  feature,  the  spectacles  and 
amusements  were  the  attraction  to  tho  larger 
number,  nor  were  political  discussions  and  reso- 
lutions excluded,  though  they  were  perhaps 
more  a  consequence  of  the  presence  of  many 
persons  than  objects  of  the  meeting.  As  regards 
theirs  religious  character,  the  panegyreis  were 
real  festivals  in  which  prayers  were  performed, 
sacrifices  offered,  processions  held,  &c.  The 
amusements  comprehended  the  whole  variety  of 
games,  gymnastic  and  musical  contests,  and 
entertainments.  Every  panegyris,  moreover, 
was  made  by  tradespeople  a  source  of  gain,  and 
it  may  be  presumed  that  such  a  meeting  was 
never  held  without  a  fair,  at  which  all  sorts  of 
things  were  exhibited  for  sale.  (Piaus.  x.  32, 
{  9;  Strabo,  x.  p.  486;  Dio  Chrysost.  Orat. 
xxvii.  p.  528.)  In  later  times,  when  the  love 
of  gain  had  become  stronger  than  religious 
feeling,  the  fairs  appear  to  have  become  a  more 
prominent  characteristic  of  a  panegyris  than 
before;  hence  the  Olympic  games  are  called 
meroaius  Olympkums  or  Ivdi  ei  meroatus  Oiym-' 
piontm.  (Cic.  2\t9C.  v.  3,  9 ;  Jastin.  xiii.  5 ; 
Veil.  Pat.  i.  8.)  Festive  orations  were  also 
frequently  addressed  to  a  panegyris,  whence 
they  are  cialled  KSyot  wcoffryvpatoL  The  Sophists 
made  this  the  occasion  for  epideictic  addresses 
(Quinctil.  Ui.  4,  14)  to  the  assembled  Greeks ; 
as  when  Gorgias  or  Lysias  at  Olympia  preached 
national  unity.  To  the  Greeks  the  speech  of 
Peter  the  Hermit  at  Clermont  would  have  been 
a  **  panegyric."    The  Panegyricus  of  Isocrates, 


334 


PANHELLENIA 


though  it  was  probably  never  delirered,  is  an 
imaginary  discourse  of  this  Icind.  (See  Jebb, 
Attic  Oratora,  i.  203  f. ;  ii.  150.)  In  later  times 
any  oration  in  praise  of  a  person  was  called 
panegyricusy  us  that  of  Pliny  on  'the  £mperor 
Trajan. 

Each  panegyris  is  treated  of  in  a  separate 
article.  For  a  general  acoount  see  Wachsmuth, 
mU,  Ait.  i.  p.  149,  &c;  Boeckh,  ad  Find. 
OL  yii.  p.  175,  &c.:  Hermann,  Staatsalterth, 
§10.  [L.S.]    [G-KM.] 

PANHELLE'KIA  (voycAA^ym),  a  fesUral, 
or  perhaps  rather  a  panegyris  of  all  the  Greeks, 
which  seems  to  have  been  instituted  by  the 
Kmperor  Hadrian,  with  the  well-meant  bat 
impracticable  view  of  reviving  a  national  spirit 
among  the  Greeks.  (Philostr.  Vit.  Soph,  ii. 
1,  5;  Boeckh,  Corp,  Intcrip,  i.  p.  789,  i^. 
p.  580.)  [L.  S.] 

PANIO'NIA  (wi»tAyia\  the  great  national 
panegyris  of  the  lonians  on  Mount  Mycale, 
near  Priene  and  between  Ephesus  and  Miletus 
(from  which  Grote  conjectures  that  these  towns 
were  the  primitive  centre  round  which  the 
other  Ionian  settlements  gathered,  forming 
gradually  the  confederation  of  twelve  cities), 
where  their  national  god  Poseidon  Heliconius 
had  his  sanctuary,  call^  the  Panionium  (Herod, 
i.  148 ;  Strabo,  viii.  p.  384;  Paus.  vii.  24,  §  4> 
One  of  the  principal  objects  of  this  national 
meeting  was  the- common  worship  of  Poseidon, 
to  whom  splendid  sacrifices  were  offered  on  the 
occasion  (Diodor.  .xv.  49).  As  chief  priest  for 
the  conduct  of  the  sacrifices,  they  always  ap- 
pointed a  young  man  of  Priene,  with  the  title 
of  king.  But  religious  worship  was  not  the 
only  object  for  which  they  assembled  at  the 
Panionium;  on  certain  emergencies,  especiftUy 
in  case  of  anv  danger  threatening  their  country, 
the  lonians  discussed  at  these  meetings  political 
questions,  and  passed  resolutions  (Herod.  L  141, 
170),  as  was  usual  at  an  amphictyonic  panegyris 
[see  Paneotius]. 

Diodorus  (xv.  49).  says  that  in  later  times  the 
lonians  used  ('p  hoM  their  meeting  in  t^jj^e  neigh- 
bourhood of  Ephesus  instead  of  at  Mycale. 
Strabo,  on  the  other  hand,  who  speaks  of  the 
Panionic  panegyris  as  still  held  in  his  own  time, 
not  only  does  not  mention  any  such  change,  but 
appears  to  imply  that  the  panegyris  was  at  all 
times  held  on  the  same  spot,  viz.  on  Mount 
Mycale.  Diodorus  therefore  seems  to  consider 
the  Ephesian  panegyris  [Epiiesia]  as  having 
been  instituted  instead  of  the  Panionia.  But 
both  panegyreis  existed  simultaneously,  and 
were  connected  with  the  worship  of  two  distinct 
divinities,  as  is  clear  from  a  comparison  of  two 
passages  of  Strabo,  viii.  p.  384,  xiv.  p.  639. 
The  truth  probably  is  that  the  more  splendid 
festival  of  the  Ephesia  attracted  a  larger  con- 
course than  the  real  Panionia  and  threw  it  in 
later  tiroes  into  the  shade ;  and  although  the 
old  festival  continued,  yet  as  early  as  Thuc. 
iii.  104  the  Ephesia  was  looked  upon  as  the 
representative  Pan-Ionic  gathering. 

(Compare  Tittmann's  Griech,  Staatsv,  p.  668, 
Lc  ;  C.  F.  Hermann,  Lehrb.  dcr  Gottesd,  Alterth. 
§  66,  n.  2,  3 ;  Grote's  HUt.  of  Oreec€,  iii.  p.  229 
ff.)  (X.S.]    [G.E.M.] 

PANOPLIA.    [Arma.] 

FANTOMrMUS  {ita»r6iuiios)  was  the  per- 
former in  that  kind  of  dramatic  piece  in  which 


PANTOMIMUS 

a  story  was  represented  by  mere  dancing  and 
rhythmical  movement  by  a  single  danoer.  The 
word  paxUamimM  is  never,  like  mumi%  applied 
to  the  piece  represented,  but  only  to  the  per- 
former. The  custom  of  pantomimic  dancing  w 
almost  entirely  confined  to  the  time  of  the 
Roman  Empire. 

When  the  public  lost  interest  in  the  fall 
acting  out  of  tragedies,  the  separate  parts  of 
those  dramas  used  to  be  acted,  especially  thoae 
parts  which  were  QanHoa^  i.e.  what  were  not 
mere  iambic  dialogues  (diMrUa),  and  among  the 
oantioa  chiefly  monolognes  and  cbomies.  Here 
by  increase  of  the  expression  in  two  direcUoBfi> 
the  action  became  dancing  and  the  speech  '^^it^t*^ 
song ;  with  the  necessary  result  that  the  two 
performances  could  not  be  combined  by  a  aingle 
actor,  but  had  to  be  separated  (Laciany  de  SaU. 
30).  The  result  was  artistically  absurd,  that 
one  person  should,  sing  and  the  other  dance  (not 
more  absurd,  however,  than  say  the  choma  of 
bathera  in  the  iTi^n^iots);  but  none  the  Uaa 
the  practice  became  fashionable,  especially  whan 
Pylttles  of  Cilicia  and  Bathyllns  of  AlenadriA, 
both  very  skilled  dancers,  about  22  BX.  (cf. 
Both's  SuBUmiM,  p.  301,  25 ;  Ludao,  qp^  oil.  3S> 
f  Qcoeeded  in  making  this  kind  of  daaciag  (called 
afterwards  'IroXoc^  l^x^**)  '^  ^^^7  recofniaed 
species  of  amusement  at  Rome.  It  was  hoDfeatly 
enjoyed  by  the  cultivated  of  all  dasacs:  the 
rhetorician  Seneca  {Contr,  4»eerpL  iiL  praef,} 
calU  it  bis  "  weakness  "  (morbtim  memii) ;  Lnciaa 
(if  it  is  Lncian)  haa  an  enthusiastic  enoomiuiD  on 
it  (op,  cit,  I  35  to  end)i  and  Libanius  haa  a  long 
treatise  on  it.  Lucian  finds  all  exoellcBoaa  in 
this  kind  of  dancing,  even  that  it  makes  the 
spectators  know  themselves  better  and  leare  the 
theatre  with  deareic  ideas  of  what  to  do  and 
what  not  to  do ;  in  fact,  altogether  moraUy  im- 
proved (op,  dt,  69,  72,  81)— but  thia  is  the 
judgment  of  an  advocate,  not  of  a  sober  critic 

We  hear  (Athen.  i.  20:  cf.  Plat.  Quatti, 
Convic,  vii.  8,  3  =  711,  44;  Seneca  I.  c)  thai 
the  s^le  of  Pylades  was  of  a  sedate  and  tmgic 
nature,  but  that  of  Bathyllus  more  joyful 
(2Aap«rr«/M),  representing  a  kind  of  ^vdpxiW** 
[Cho&cb],  which  was  a  generic  name  for  any 
expressive  danoe. (Athen.  i.  15;  xiv.  628):  and 
•0  not  without  reason  we  may  in  a  measure 
infer  with  Sommerbrodt  (De  tr^itUoi  getters 
pcmtomimorwnf  in  his  Soamioa^  p.  49)  that  the 
different  styles  of  dancing  in  the  Greek  theatre 
were  further  developed  by  these  perfonnara 
(Lucian,  op.  oU,  S$6  ff.),  the  tragic  iftfUKMm  by 
Pylades,  and  the  satyric  aUȴa  aad  poasiUy 
the  comic  K6p9a^  hj  Batbylhu ;  the  art  of  the 
latter  being,  as  Plutareh  </.  c.)  saya,  more 
commonplace  (W{av)  and  not  so  pretantioaa 
(^iri6Si|)  as  that  of  Pylades.  But  probably  the 
k6p^  was  not  acted  by  the  pantomimes;  it 
would  rather  belong  to  the  mimes,  for  the 
pantomimes,  though  very  licentious,  do  not 
appear  to  have  been  coane,  and  the  subjects  of 
the  art  of  Bathyllus  are  mostly  satyric  subjecta. 
Even  in  the  passage  from  Plutarch  the  aubjecta 
are  satyric,  and  he  only  says  that  the  comic 
stvle  of  dancing  is  rthUd  to  the  ooidax  (rev 
tcipioKos  iiwrofUtmiP).  The  striking  soanes  in 
the  dramas  came  then  to  be  acted  for  the  meat 
part  by  mere  dancing.  This  required  oa  the 
part  of  the  spectator  a  conaidatable  degree  of 
knowledge  in  the  first  place,  so  as  to  be  fairly 


PANTOHIMUS 


PANTOMIMUS 


335 


&zBi]iar  with  the  story  acted,  and  in  the  second 
pboe  a  certain  power  of  imagination  to  piece 
iht  scenes  together  and  a  fineness  of  taste  to 
appreciate  the  refinements  of  the  art,  which  was 
nothing  if  not  refined  and  fnll  of  delicate  points. 
So  that  thla  pantomimic  dancing,  and  especially 
tlie  Handug  if  snbjecta  from  tragedy,  became  the 
iitfhianable  exhibition  for  the  npper  and  more 
nlttvated  daasee  to  frequent,  the  lower  classes 
preferring  the  coarser  mimes  when  they  went 
to  the  theatre  at  alL  The  rage  for  exhibitions 
(f(  dancing  that  aioae  aboat  the  time  of  the 
impire  cannot  be  better  exemplified  than  by  the 
act  that  poena  of  Grid's,  not  written  for  the 
theatre  at  ail,  were  *' pantomimised "  (jnst  as 
ear  second-rate  norels  are  dramatised),  and 
sctoally  orations  were  set  to  music  and  adapted 
tiT  daadng  (Or.  Trtst  ii.  519,  v.  7,  25  \  Plin. 
foMff.  54;  Tac  Dial.  26). 

Sat'  the  beat  poeta  wrote  pieces  specially  for 
toe  paDtoBUBies^-/tiM!(i0  mUtieae,  as  they  were 
called;  «^.   Silo  (Staec  Sum.  ii.   19\  Lncan 
( »%  Kooeor,  m  Teofiel,  {  298,  4),  Statins  (Jut. 
rii  93X  which  artistically  were  probably  about 
on  a  ierel  with  the  libret^  of  our  Italian  operas. 
The  snbjecta  weta  ihost  Tarious,  but  were  gene- 
rally  lore  adTantures    Mars  and  Venus  (Lucian, 
op.  dL  63)»  Jufttter  and  Leda  (Jnv.  tL  63), 
CinyrM  a&d  Myrrha  (Joseph.  Aniiq,  lix.  1,  3), 
Phaedra  aod  Hlppolytos  (Lndan,  49),  Selencus 
lad  StiatoBioe  (t6.  5B) ;  but  sometimes  others, 
Herenles  Faras  (ib.  41),  Isis  and  Osiris  (t6.  59), 
Potjesafeea  (t&.  54^  Turnus  (Suet.  Nero,  54), 
GlaQcns  (Vail.  iL  83).     Lndtn  (37-61)  indeed 
ays  that  all  mythical  and  historical  subjects, 
fram  Chaos  to  the  death  of  Cleopatra,  were  fit 
^objects  for  pantomimes;  and  he  gives  in  im- 
mense detail  a  number  of  appropriate  stories. 
Toe  danctnf  was  performed  by  a  single  actor; 
it  was  only  rery  rarely  that  there  was  a  second 
^ef.  Qoint.  tL  3,  65).    The  actor  would  appear 
^oeeesstrely    as  (say)    Atreus,    Thyestes,    and 
Aegirthus   or   Aerope — all    in    the   one    piece 
(Lodan,  op.  etf.  67).    There  were  sometimes  as 
masy  as  five  eharacters  to  be  acted  (tb,  66).    A 
«-boras  sang  otmUca,  accompanying  the  rarious 
iiu«es.    The  text  to  bind  together  the  various 
scenes  coaaiatod  probably  in  a  sort  of  recitative 
(FriedJiader  aaya,  like  that  of  our  oratorios) 
>iifig  by  the  chorus,  while  the  actor  had  time  to 
change  Us  diass.    When  there  was  no  change  of 
<iresB,  the  actor  was    said  palliohUim  aeutare 
(Fnnto,  p.  157,  3,  ed.  Naber),  in  which  the 
<lsaecr  with  a  single  cloak  used  to  represent  the 
swit  varied  things  *•  caucknn  eygni,  eapiUum 
^etriB,  Fmriae  pi^tUmn,  kc.    Friedliinder  com- 
I'Sics  the  shawl-dancing  of  Lady  Hamilton,  as 
'i«ieribed  by  Qoethe  hi  his  ItalieMche  BeUe  (at 
Ciserta,  March  16, 1787).    The  accompaniment 
to  the  daadng  aad  the  chorus  was  performed  by 
» orchestra  (which  Pylades  introduced  instead 
'f  the  single  flute  accompaniment),  consisting  of 
^ipes  aad  cymbals,  harps  and  zithers  (Lucian, 
^d;  Ov.  Bern,  Asn.  753  ffl:  cf.  Macrobius,  Sat 
a.  7, 18,  whare  Pylades  is  said  to  have  declared 
tbat  the  music  suited  to  dancing  was  o&Afiy 
^YTBNr  T*  ipowiiv  kfiMv  T*  kifBpAwtw,  Horn. 
fl  X.  13)l,    The  music  appears  to  have  been  of  a 
floTid  aal  ahowy  description  (Lucian,  op.  ctf.  2). 
The  time  was  given  by  toobiUarii^  who  beat  with 
tHeir  feet  a  kind  of  wooden  or  iron  instrument, 
<'AUei  woMhm   or  toAeUvm  (itpoimtCa):   cf. 


Lucian,  tb.  2,  68,  83 ;  Suet.  Oal,  54 ;  Poll.  vii. 
87 ;  Liban.  iii.  385,  13.  There  is  a  celebrated 
statue  of  a  Satyr  with  cymbals  beating  the 
acabilium  in  the  Tribune  of  the  Uffizi  Gallery  at 
Florence.  In  the  absence  of  any  definite  evidence 
to  the  contrary,  we  may  assume  that  the  scenery 
of  the  pantomimes  was  much  the  same  as  that 
of  the  Greek  tragedies. 

•  The  real  charm  lay  in  the  performance  of  the 
dancer.  The  art  of  dancing  has  sunk  to  such  a 
low  level  with  us,  and  we  are  naturally  so 
incapable  of  appreciating  the  meaning  of  slight 
looks  and  gestures,  that  it  is  only  when  very 
forcibly  brought  before  us  that  we  can  get  a 
faint  idea  of  what  *Hhe  poetry  of  motion'^ 
means,  and  understand  what  the  Romans  implied 
by  '* speaking  hands"  {manus  loqnadsaimae, 
linguosi  digitif  Cassiod.  Var.  iv.  51 :  c£  Lucian, 
op,  cU.  63,  69)  aud  "  the  eloquence  of  dancing  " 
(8aUarc  diserU,  Tac  Dial.  26).  But  the  value 
of  action  is  great  to  the  Southern  nations ;  to 
them  it  dan  signify  most  things  without  words 
(Quint,  xi.  3,  65).  How  important  it  was  to 
the  orator  we  know  from  the  story  of  Demosthe- 
nes, who  said  that  action  was  the  first,  second, 
and  third  requisite  of  an  orator ;  and  Quintilian 
(/.  c.)  devotes  a  great  many  pages  to  the  subject, 
full  of  injunctions  which,  at  times  cannot  be 
appreciated  by  us,  though  we  are  not  on  that 
account  to  accuse  Quintilian  of  pedantry.  But 
the  pantomimi  in  some  cases  aimed  at  repre- 
senting even  the  very  words  of  their  texts,  a 
practice  justly  reprobated  by  Quintilian  (t^  88, 
89)  and  the  better  pantomimi  themselres  (cf. 
Macrob.  Sat.  ii.  7, 13  ff.>  The  whole  art,  how- 
ever, came  to  be  as  conventional  as  possible, 
neither  performer  attempting  nor  audience 
desiring  originality  of  treatment,  but  only 
excellence  of  execution.  This  is  shown  by  the 
story  in  Lucian  (op.  cit.  80)  of  an  actor  who  had 
to  dance  the  devouring  of  his  children  by  Cronos, 
and  danced  the  traditional  steps  of  the  eating  of 
the  children  of  Thyestes,  misled  by  the  similarity 
of  the  subject ;  another  danced  the  steps  for  the 
burning  t"^  Glance  by  Medea's  p  .soned  robe 
when  representing  the  burning  of  Semele.  But 
with  all  the  art&cialtty  the  effect  of  the  per- 
formances of  the  pantomimi  on  the  audience  was 
most  powerful ;  *'  so  fascinating  is  the  dancing,'* 
say^  Lucian  (op.  dt.  79),  a  passage  well  worth 
reading,  **  that  the  lover  seeing  the  bitter  end 
of  love  is  cured  of  his  passion,  and  one  who 
enters  the  theatre  in  depression  leaves  it  brighter 
and  happier  just  as  if  he  had  drunk  Homer's 
nepenthe."  Splendid  robes  (»&.  2, 63),  attractive 
masks  (which  had  the  month  shut,  not  the 
huge  gaping  things  the  actors  in  the  drama  had 
to  wear,  i&.  29 ;  see  illustration  in  Baumeister's 
i>Mibiid/er,  fig.  1351,  1352^  generally  splendid 
dress,  the  tunica  talaris  and  the  palia  (Suet. 
Col.  54),  all  the  grace  and  beauty  of  youth 
which  necessarily  attached  to  the  most  famous 
of  the  performers  (their  form,  says  Lucian,  op. 
cU.  75,  should  be  that  of  the  canon  of  Poly- 
cletus),  and  which  were  enhanced  by  careful 
training ;  the  movements  of  the  dance,  now  soft, 
delicate  and  voluptuous,  presently  rising  into 
wild  passionate  outbursts,  must  have  made  the 
whole  exhibition  most  sensuously  seductive  and 
intoxicating ;  and  we  can  well  believe  the  many 
stories  of  the  passions  inspired  in  the  Roman 
ladies  by  the  pantomimi,  and  of  the  disastrous 


a36 


PANTOMIMUS 


PABABOLON 


«ff«ct  the  exhibitions  had  on  the  morals  of  the 
«ommanitr  (cf.  Jar.  vi.  63  ff. ;  Plin.  H.  N. 
vii.  184 ;  Dio  Cass.  Ivu.  21).  The  introduction 
of  the  pantomimes  at  the  commencement  of  the 
Empire  was  the  beginning  of  the  moral  corrup- 
tion of  the  world,  according  to  Zosimus  (i.  6) ; 
ftnd  St.  Augustine  consider^  the  pantomimes  a 
far  more  insidious  and  destructive  disease  sent 
hj  Satan  than  the  more  savage  pest  of  the 
•circus  (dff  Civ,  Dei,  i.  32). 

But  it  was  not  on  this  ground  that  the  law 
generally  proceeded  against  the  actors,  though 
it  was  sometimes  (Dio  Cass.  /.  c.)  put  forward ; 
it  was  owing  to  the  disorder  caused  by  the  rival 
factions  of  the  different  performers.  The  actors 
{in  Imperial  times  hiatrio  virtually  means  one 
who  acts  pantomimes)  were  banished  from  Italy 
bj  Tiberius  and  Nero,  and  Domitian  only  allowed 
them  to  perform  in  private  (Suet,  lib,  37 ; 
Nero,  16 ;  Dom.  7).  But  for  the  most  part  the 
-emperors  were  wise  enough  to  let  the  people 
busy  themselves  with  the  actors  (Macrob.  Sat, 
ii.  7,  19X  aud  thereby  be  kept  clear  of  politics. 
As  to  the  legal  position  of  the  actors,  they  were 
always  infames  (Cic.  Sep.  iv.  10 ;  Nepos,  Proem, 
5 ;  Tert.  Spect,  22 ;  Vopisc.  Car,  16,  7  ;  Dig.  3, 
2,  1);  in  the  municipalities  they  were  not 
eligible  to  magistracies  (Lex  Jul.  Munic  L  125). 
Their  children  could  not  form  legal  marrii^es 
with  members  of  the  senatorial  families  (Dig. 
1S3,  2,  42,  44).  The  soldier  who  became  an 
actor  was  punished  with  death  (ib,  48,  19,  14). 
For  further  on  this  point,  see  Mayor  on  Juv. 
Tiii.  188 ;  Marquardt,  StaaUr.  iii.  516  ff.  Au- 
gustus only  allowed  the  magistrates  power  to 
scourge  the  actors  during  the  games  and  inside 
the  precincts  of  the  theatre  (Suet.  Aug,  45; 
Tac.  Attn,  i.  77),  though  any  violation  of  public 
morals  he  visited  on  them  most  severely.  The 
-actors  were  mostly  slaves  or  freedmen,  and,  if 
free-bom,  foreigners;  and  the  nominal  feeling 
of  the  age  as  to  the  meanness  of  their  calling 
may  be  seen  from  the  scathing  satire  of  Juvenal 
-(viii.  183  ff.)  on  the  Roman  nobles  who  became 
actors:  it  was  much  as  if  one  in  high  circles 
were  to  become  n  professional  jockey*  But  still 
the  celebrated  pantomimi  were  flattered  and 
petted  (Senec  Q,  N.  vii.  32,  3;  £p,  47,  17> 
Flowers  and  perfumes  were  strewn  over  the 
place  where  Paris  lay  murdered  (Dio  Cass. 
Ixvii.  3),  and  Martial  composed  (xi.  13)  a  beau- 
tiful epitaph  for  him.  They  became  men  of 
considerable  wealth  and  influence  (Pint.  Tran- 
quili,  Anim,  13  =  473,  10),  especially  when 
they  were  court  favourites  like  Mnester  (Suet. 
Cat,  56),  Paris  (Dig.  12,  4,  3,  5;  Tac.  Ann, 
Tiii.  19-22, 27X  another  Paris  (Juv.  vii.  87),  Apo- 
laustus,  and  PyUdes  (Dio  Cass.  Ixviii.  10).  A 
▼ery  noticeable  feature  about  the  name  de  tMeUre 
of  these  pantomimi  (and  indeed  of  maay  other 
kinds  of  artisu  also)  is  that  they  were  assumed 
from  those  of  famous  predecessors ;  see  Fried- 
l&nder,  ii.'  608  ff.  It  is  needless  to  say  that  in 
the  clubs  and  guilds  of  the  actors  celebrated 
performers  obtained  the  highest  positions,  and 
were  supported  at  the  common  expense  (Wil- 
manns,  2619  ff.) ;  but  also,  at  least  in  later  times, 
we  And  an  actor  made  a  decurio  (e.g,  Adlius  at 
Lanuvium  in  187  A.D.,  Wilm.  2625),  another 
set  over  the  army  in  Armenia  (Dio  Cass.  Ixxvii. 
21),  a  third  made  praefectus  praetorio  (Lampr. 
Heliog,  12,  I>~though,  to  be  sure,  this  was 


only  by  the  worst  emperors.  The  pay  given  to 
the  performers,  even  in  the  time  of  Tiberias, 
was  thought  too  high,  and  M.  Anrelios  had  to 
flx  a  maximum  (Capit.  M.  Aurd,  11,  4):  yet 
Pylades,  in  the  time  of  Tiberias,  made  so  much 
money  that  he  was  able  to  give  games  on  his 
own  account  (Dio  Cass.  Iv.  10,  II),  and  Plinv 
(H,  N.  vii.  §  128)  says  that  slave  acton  with 
their  gains  often  bought  their  liberty  for  con- 
siderably over  700,0(k)  sesterces  (more  than 
£7,000).  There  do  not  appear  generally  to 
have  been  regular  competitions  of  pantomimi, 
their  art  forsooth  being,  according  to  Lodaa 
(op,  cit,  32),  too  high  for  rivalry.  But  the 
jealousies  and  squabbles  of  the  actors  were  very 
great  (Tac.  Awn,  i.  54;  Dio  Caas.  IviL  14,  10).' 
The  wealthy  Romans  {e,g,  Quadratilla  in  Plia. 
Epiet,  vii.  24)  used  to  keep  troops  of  pandomini 
and  pantoimimae  (Senec.  ad  Helv,  12)  for  private 
exhibitions ;  but  pantommae  did  not  appear  on 
the  public  stage  till  later  timea,  e,g,  in  Jastinisn*« 
time  an  actress  Helladia  danced  the  Hector  (cf. 
Anthot,  Pal,  iv.  75,  ed.  Jaooba)^  though  even 
then  the  performance  was  mostly  by  men  (libaa. 
iii.  p.  372,  31,  ed.  Reiske). 

The  chief  works  to  consult  on  the  pantomimes 
are  Salmasius  on  Vopiscus,  Carmits,  c.  19 
{^Hisi,  Aug,  Script,  ii.  828-844);  Sommer. 
brodt  in  his  Soaenica,  35-50 ;  Arnold  in  Ban- 
meister*s  DenkmOler,  s.  v.  PoHtomimHty  pp. 
1158-1160;  and  especially  FriedUnder,  Dor- 
eteilungen  out  der  SittengeechicKU  Roms,  \\} 
427-442.  [U  C.  P.] 

FAB  IMPAB  LUDERE  {h^mrpity  i^idr 
{cty,  Aprta  4)  vcpcrri  or  (vy^  4)  ^V^n^  ^'  (^ 
p6pa  vo/^ciy,  wociM),  The  game  at  odd  and  even 
was  a  farourite  game  among  the  Greeks  and 
Romans.  A  person  held  in  his  hands  a  number 
of  astragali,  or  other  things  (Pollux,  ix.  101,  tap 
beans,  nuts,  almonds,  or  coins),  and  his  oppooeot 
had  to  guess  whether  the  number  was  odd 
or  even.  The  amount  to  be  won  or  lost,  whether 
merely  the  articles  played  with  or  money  staked 
upon  the  guess,  may  have  been  variouilj 
arranged :  but  probably  the  usual  practice  wss 
only  to  stake  what  was  played  with,  not  to  bet 
on  the  guess  besides.  Apolloniua  (iii.  115)  re- 
presents Cupid  and  Ganymede  playing,  and  the 
winnings  are  simply  the  astragali  of  the  oppo- 
nent :  hence  the  playing  with  coins  is  a  greater 
risk  (Aristoph.  Plut,  816) :  the  passage  in  Suet 
Aug,  71,  however,  implies  staking  a  sum  of 
money  on  the  guess  at  odd  and  even  as  well  ss 
on  the  tali.  The  game  xovUf^  differed  slightly. 
as  it  was  necessary  to  guess  the  number  held  in 
the  hand,  not  merely  whether  it  was  odd  or 
even  (Xen.  Eq,  Mag.  5,  10 ;  cf.  Aristoph.  PhU. 
1055).  For  further  mention  of  par  impart  see 
Plat.  Lys,  p.  206  £ ;  Lucian,  DiaL  4 ;  Hor.  Sat 
ii.  3,  248;  Nujt,  79 ;— Becker-Gdll,  ChariUei, 
ii.  40 ;  OaUut,  iii.  477  ;— Marquardt,  PritutUben, 
p.  849.  [W.  S.]    [G.E.M.] 

PARABA8IS.    [Chorus,  Vol.  L  ^  422,] 

PABA'BOLON  (wapdfioKop,  vapafiifiutr 
6i6Ktfuy  Tovroj  Phrynickua,  ed.  Lnbeck,  p.  23$)i 
a  fee  paid  by  the  appellant  party,  on  an  appeal 
(f^ffis),  as  Pollux  (viii.  62  f.)  states,  *^fnm  sa 
arbitrator,  or  a  magistrate  or  the  hiftSrai  to 
the  dicasts,  or  from  the  Senate  of  Five  Hundred 
to  the  popular  assembly,  or  from  the  popular 
assembly  to  a  Heliastic  court,  or  from  such  s 
one  to  a  foreign  court."     An  appeal  from  • 


PABACATABOLE 

public  arbitrator  wi«  allowable  in  all  cases 
eioept  when  i^  fi^  o^a  Zimi  had  to  be  resorted 
to ;  Le.  when  the  loeer  coald  prove  that  it  was 
not  owing  to  negligence  on  his  part  that  judg- 
BMBt  had  gone  by  de&alt.  Cf.  Harpocr.  s.  v. 
hatnfrlis :  (ot  SucaoTol)  Koi  rks  &irh  rw  8iai- 
fifTmr  i^ffifMovs  %Kpivo¥j  and  Dem.  c.  Boeot  de 
hoUf  p.  1024,  §  5o ;  (Meier,  Frivatadiiedsrichtery 
etc  p.  28,  n.  3,  reads  in  Pollnx,  viii.  127, 
til  niffTcif  iiifi*  £S.  imeripfttv  ris  re  rov  ^«^. 
col  rj^  rov  Sifl^jc  instead  of  rhs  i^^vs  ^/i/3cU 
Unn  Wi^  ittmrdpas  rov  ^€^yopros  ical  8ic6- 
nrrof.)  An  appeal  from  a  magistrate  might 
arise  when  the  iwifioX.^  imposed  by  him  was  ob- 
jected to  by  the  person  fined;  for  then  the 
Buipstrate  had  to  lay  the  case  before  a  court 
[Kpibole].  When  on  the  occasion  of  a  Sicn^- 
^«tt  a  person  was  stmck  off  the  lists  of  ^fxArau 
ud  wished  to  npset  snch  a  decision,  he  might 
appe^  to  a  conrt  (JUie^v  Xjoyx^^a^  ^^  'cou^^ 
TM^  9^fuTm^%  or  to  a  public  arbitrator  (Isae. 
frtj  fsyiAi/.  §  11 ;  SchSmann  ad  L  c.  p.  479). 
The  iiczt  two  kinds  of  appeal  referred  to  by 
Pftilax  sie  Tery  doubtful  indeed;  when  a 
matter  was  referred  to  the  popular  assembly  by 
tlw  Senate  of  Five  Hundred,  or  to  a  Heliastic 
eoart  by  the  popular  assembly,  because  the 
latter  were  either  unable  or  unwilling  to  decide 
it  thcniselTcs,  this  might  be  called  l^crif,  in- 
asmuch as  ^  fiovKii  Ipitiin  rh  wpayfui  c2f  rhw 
Hftaif  or  S  S^^ff  4p(iiai  rh  wpay/ia  cif  rovf 
ttftw^r^  but  in  that  case  l^<rif  is  not  used  in 
its  itrictly  technical  sense  of  appeal.  As  to 
appeals  from  an  Athenian  court  to  a  foreign 
coart,  cf.  Stxbolos  DiKAi  AFO.  We  are 
QBinfonned  as  to  the  amount  to  be  paid,  and 
as  to  the  occasions  when  snch  a  sum  was  to 
be  paid.  (Att,  Procest^  cd.  Lipsius,  pp.  986- 
J?91.)  [C.  R.K.]    ra.  H.] 

PABAGATA'BOLE  (wofwccerafioKfy  a  snm 
«f  noney  required  of  a  plaintiff  or  petitioner  in 
nrtain  cases,  as  a  security  that  his  complaint  or 
demsad  was  not   frivolous,  or  made  on  slight 
lad  insofBdent  grounds.     Such  was  the  deposit 
nsdc  in  certain  inheritance  causes,  viz.  not  only 
^J  s  person  who  claimed  an  inheritance  already 
»lj«lfed  ([Dem.]    c.  Macart.    p.   1054,  §  16; 
Iise.  Hagru  §§  1^  27  ;    Bnnsen,  de  jure  hered. 
•^ti  p.  9*2,   limits  the   paracmtabole   to  such 
OBscB,  and  Boeckh,  8ihh*  i.  p.  430,  explains 
^l^fpocr.  s.  V.  ia  the  same  sense),  but  also  by  a 
person  who  entered  a  SinfiopTvpfa  ij^  iw^utoy 
*l99i  rh  icxiipop  (Isae.  PMhst.  §  12,  etc.),  or  who 
daiiBcd  an  inheritance  as  having  a  better  title 
(^  others  by  having  been  adopted  (Dem.  c. 
^^och.  p.  1090,  {  34)  or  by  testament  (Isae. 
Xkottr.  J  4):  cf.  Pollux,  viii.  32,  &mf  ktm- 
A«7«i  ^f  tt^ht  9ueeu6T§pos  itv  fx'^  ^^^  icXripoy 
^i  ^iVTciat  1l  ZiaBnKWP.    The  amount  of  the 
deposit  in  such  causes  was  a  tenth  part  of  the 
^M  of  the  property  claimed :  it  was  returned 
to  the  petitioner,   if  successful;    otherwise  it 
v«at  to  the  opponent,  or  in  case  of  riral  claims 
te  aa  iaheritance  to  the  state  (Isae.  Nioostr, 
1 1 IX    In  the  proceeding  termed  iytxiffiaifiuaj 
*tkh  was  a  suit  instituted  against  the  public 
^rtarary  by  a  creditor  to  obtain  pavment  out  of 
ta  debtor's  confiscated  goods  ([Dem.]  c.  Timoth. 
Mld8,  §  46),  a  fifth  part  of  the  ralue  was 
«^t«d  (Harpocr.  s.   oc.   wapcucara^o^^  and 
*99niantt%  which  sum  went  to  the   state  in 
'^  the  petitioner  was  not  successful  (C  /.  A. 


PARACATATHECE 


337 


ii.  Ko.  777).  From  this  inscription  it  is  like- 
wise evident  that  the  term  iyyints  Kvra^Xh 
was  used  in  the  sense  of  wopoicarajSoX^  in  this 
proceeding  (cf.  Suid.  s.  o.  ivvKifTK^^naBtu  icai 
hy^^  KwrafiaKfiy=z£tym.  M.  p.  340,  38,  etc.). 
The  money  was  deposited  either  on  the  com- 
mencement of  the  cause  or  at  the  iydxpieris. 
The  word  wouMurara^oA^  signifies  both  the 
paying  of  the  aeposit  and  the  money  deposited ; 
and  being  a  word  of  more  general  import,  we 
find  it  used  to  denote  other  kinds  of  deposits, 
as  the  wptfroycm  and  wapdrroffis  (cf.  Isocr.  c. 
Leoch,  §  2) ;  it  is  probably  used  in  this  wider 
sense  in  Dem.  c.  Pantaen,  p.  978,  §  41,  in 
a  iUri  fixdfins.  (Att,  Process^  ed.  Lipsius, 
pp.  800,  814-822.)  [C.  R.  K.]    [H,  H.] 

PABACATATHE'CE  (wapoKceraHiaif  wa- 
paB^mi :  cf.  Rutherford,  New  PhrynichuSf  p.  367) 
generally  signifies  a  deposit  of  something  valu- 
able   with  a  friend  or  other  person,  tor  the 
benefit  of  the  owner.    Thus,  if  I  deliver  my 
goods  to  a  friend,  to  be  taken  care  of  for  me ; 
or  if  I  give  a  creditor  something  valuable  as  a 
pledge ;   or  if  I  deposit  money  with  a  banker 
(ii^pfiilf  Harpocr.  s.  v. ;  argum,  Dem.  pro  Phorm, 
p.  944),  to  receive  interest  for  it  and  to  draw 
on  him  (Dem.  c.  CaUip.  p.  1236,  §  4 ;  Bliimner, 
Oriech,  Privatalt.  p.  454  f.),  such  delivery    or 
haUiMnty  or  the  gods  bailed  or  delivered,  or  the 
money  deposited,  may  be  called  wofNuccrratf^ini 
(Herod,  vi.  86 ;  Dem.  pro  Phortn,  p.  946,  §  5  f., 
and  c.  Stephan.  i.  p.  1110,  §  'J9f.);  and  the 
word  is  often  applied  metaphorically  to  any 
important   trust  committed  by  one  person  to 
another  (Dem.  c.  Apkob,  ii.  p.  840,  §  15 ;  Aeschin. 
c.  2hn,  §7 ;  Dem.  c.  Mid,  p.  572,  §  177,  etc). 
As  every  bailee  is  bound  to  restore  to  the  bailor 
the  thing  deposited,  either  on  demand  (in  case 
of  a  simple  bailment)  or  on  performance  of  the 
conditions  on  which  it  was  received,  the  Athe- 
nians gave  a  we^NueaTa^jnis  Ziiai  against  a  bailee 
who  uniustly  withheld  his  property  from  the 
owner,  awttrripi^irt  rV  wapcucaro^icTiy  (Pollux, 
vi.  154 ;  Schol.  to  Aristopn.  Plui.  373,  etc.),  or 
who  used  it  without  the  owner's  permission  for 
his  own  benefit.    Examples  of  such  an  action 
are  Isocr.  Trapez.  and  c.  IikUhyn. :  a  subject  of 
Satyrus,  king  of  Bosporus,    sues    Pasion    the 
banker  for  money  alleged  to  have  been  placed  in 
his  hands  {Trapex.  §§11,  27,  etc.) ;  Nicias  had 
deposited  three  talents    with  Euthynus,  and, 
when  he  applied  to  him  for  the  money,  Euthy- 
nus repaid  only  two  and  disclaimed  knowledge 
of  the  third  (c.  Euthyn,  §§  3,  7,  9,  etc.).     A 
pledge  given    to   a   creditor  could  not  be  re- 
covered, except  on  payment  of  the  money  owed 
to  him ;  but,  after  selling  the  article  and  satis- 
fying his  debt  out  of  the  proceeds,  he  would  of 
course  be  bound  to  restore  the  surplus  (if  any) 
to  the  pledgor.   It  is  not  known  whether  beyond 
restoring  the  thing  deposited  any  penalty  waa 
inflicted  on  a  defendant  who  fraudulently  denied 
that  he  had  ever  received  the  deposit ;  so  much 
is  certain  from  Dem.  c.  Mid.  p.  528,  §  44,  that 
itri/jda  was  not   inflicted,  as    Heursius,   Thenu 
Attioa,  ii.  c  23,  p.  120  (rhy  fiii  itiro9iZ6yTa  riiy 
vaptutaraB^iKTiP  iriftoy    dyeu)   supposed  (Thal- 
heiro,  Griech,  Rechtaalt  p.  48,  n.  5).    The  difli- 
culty  of  procuring  safe  custody  for  money,  and 
the  general  insecurity  of  movable  property  in 
Greece,   induced  many   rich   persons    to    make 
valuable  deposits  in  the  principal  temples,  such 

z 


338 


PABADISUS 


as  that  of  Apollo  at  Delphi  (Plat.  Lyscmd.  Ig), 
of  Artemis  at  Epheeus  (Dio  Chrysoet.  xzzi.  54 ; 
cf.  Xenoph.  Anab.  t.  3,  6,  and  Plant.  Baoch,  ii. 
3,  78),  of  Hera  at  Samtts  (Cic  de  Legg.  ii.  16, 
41),  etc.  (Bachsen8(^atz,  Betitz.  u,  Ervoerh, 
p.  508  f. :  cf.  Posidon.  Apam.  /r.  48,  in  Fragm, 
Hist.  Graeo.  iii.  p.  48.)  It  maj  be  observed  that 
iro/MUcararftfcafai,  in  the  middle  voice,  is  always 
used  of  a  person  making  a  deposit  for  his  own 
benefit,  with  the  intention  of  taking  it  np  agsin, 
and  mpoxaraKMBag  of  the  thing  thus  deposited ; 
KofilitvOai  is  to  recoTer  jonr  property  (Isocr. 
c.  Euthyn.  §  4 ;  Trapez,  §  8,  etc).  (Xtt.  Process, 
ed.  Lipaius.  pp.  700  ff.)        [C.  R.  K.]    [H.  H.] 

PAKADi'SUS  {xapdZturos)  was  the  name 
giren  by  the  Greeks  to  the  parks  or  pleasure- 
grounds  which  surrounded  the  country  residences 
of  the  Persian  kings  and  satraps.  They  were 
generally  stocked  with  animals  for  the  chace, 
were  full  of  all  kinds  of  trees,  watered  by 
numerous  streams,  and  enclosed  with  walls. 
(Xen.  Ana6.  i.  4,  §  10 ;  Cyr,  i.  3,  §  14,  4,  §  5 ; 
ffeil.  iv.  1,  §  33 ;  Oec.  it.  13 ;  Diod.  Sic.  ztI.  41 ; 
Curt.  riii.  1,  §§  11,12;  Oell.  u.  20.)  These 
paradises  were  frequently  of  great  extent ;  thus 
Cyrus  on  one  occasion  renewed  the  Greek  army 
!n  his  paradise  at  Celaenae  (Xen.  Ana6.  i.  2, 
§  9),  and  on  another  occasion  the  Greeks  were 
alarmed  by  a  report  that  there  was  a  ffreat 
army  in  n  neighbouring  paradise  {Id.  ii.  4,  §  16). 
In  many  respects,  except  as  reganls  their  being 
larger  and  used  for  hunting,  they  were  like  the 
Latin  vSvarium,  which  was  a  park,  warren,  or 
preserve.  **  Vivaria  quae  nunc  rulgus  dicit, 
quos  wapa^titrovs  Graeci  appellant,  quae  lepo- 
raria  Varro  dicit,  hand  usquam  memini  apud 
▼etustiores  scripta. . . ;"  but  Scipio,  the  writer 
goes  on  to  say,  called  them  roboraria,  because 
they  were  fenced  round  with  wooden  palings 
(Gell.  ii.  20 ;  cf.  AaaicxTLTUBA,  Vol.  I.  p.  80). 
In  Greece  they  were  first  borrowed  fVom  the 
East  in  the  time  of  the  Diadochi  (Iwan  Miiller, 
ffandbvch,  iv.  p.  468). 

Pollux  (ix.  13)  says  that  irapdistffos  was  a 
Persian  word,  and  there  can  be  no  doubt  that 
the  Greeks  obtained  it  from  the  Persians,  whe- 
ther its  origin  etymologically  is  to  be  found  in 
Indo-European  or  Semitic  lans^uages. 

[W.  S.]    [G.  E.M.] 

PARAGAUDA.    [Vbstis.] 

PABA'GRAPHE  (wapaypa^).  This  word 
does  not  exactly  correspond  with  any  term  in 
•our  language,  but  may  without  much  impro- 
priety be  called  '*a  plea."  It  is  an  objection 
raised  by  the  defendant  to  the  admissibility  of 
the  plaintiff's  action :  **  exceptio  rei  ftdrersus 
actorem,  actionemre,  querentis  aut  de  foro  baud 
corapetente,  aut  de  tempore,  modore  procedendi 
illegitimo.'*  (Reiske,  Index  Gr.  in  Oratt.)  Sir 
William  Jones,  in  the  preface  to  his  translation 
of  Isaeus,  compares  it  with  a  demurrer.  But 
this  is  not  so  correct ;  because  a  demurrer  is  an 
objection  arising  out  of  the  adversary's  own 
statement  of  his  case:  whereas  the  wapaeypap^ 
was  an  objection  depending  on  facts  stated  by 
the  defendant  himself,  and  therefore  rather 
resembles  a  plea,  or  (more  strictly)  a  special 
plea.  This  appears  from  the  irapcrfpa/^utoX 
\iiyot  of  Demosthenes,  in  which  we  find  the 
defendant  introducing  new  allegations  into  the 
cause,  and  supporting  them  by  proof.  Thus,  in 
the  speech  against  Nauiimachus  and  Xenopithes, 


PABAGiBAPHE 

the  ground  of  objection  is,  that  the  father  of 
the  defendants  having  obtained  a  release  from 
the  plaintiffs,  it  was  no  longer  open  to  the 
plaintiffs  to  bring  an  action  for  the  same  cause 
(p.  984,  §  1 ;  p.  986,  §  5,  cf.  pro  Phorm,  p.  951, 
§  23;  p.  952,  §  25 ;— c.  Ponfaea.  p.  966.  §  1 : 
p.  972,  §  19).  But  the  first  mention  of  thii 
release  is  made  by  the  defendants  in  their  plea. 
In  the  speech  against  Zenothemis  the  deifendsDt 
objects,  that  the  ^/uvopucj^  Ziiai  does  not  lie. 
because  there  was  no  written  contract  between 
him  and  the  plaintiff;  and  this  (says  he)  appears 
from  the  declaration  itself  {iw  r^  ^KX^fiori, 
p.  882,  §  1  f. ;  cf.  c.  Apatw.  p.  892,  §  2 ;  tee 
also  c.  Pantaen.  p.  976,  §  35 ;  c.  Lacrit.  p.  939, 
§  45  f.).  As  parties  could  not  be  defeated  at 
Athens  by  a  technical  objection  to  the  pleadings, 
the  defendant  in  the  above  case,  notwithstandini; 
the  defective  statement  of  the  plaintiff  in  the 
declaration,  was  compelled  to  bring  forward  ht> 
objection  by  plea,  bud  to  support  it  before  the 
jury.  In  the  speech  against  Phormio,  the 
plaintiff  says  that  as  the  defendant  only  denies 
that  he  has  committed  a  breach  of  the  contn^i. 
there  was  no  occasion  for  a  vopcrypo^:  the 
question  merely  was,  whether  the  plamtiffs 
charge  was  true  (p.  908,  §  4  f.).  It  seems  that 
a  wapayfta/pii  might  be  put  in,  not  only  when 
the  defendant  could  show  that  the  cause  of  actios 
was  discharged,  or  that  it  was  not  maintainable 
in  point  of  law;  but  also  when  the  form  of 
action  was  misconceived,  or  when  it  was  com- 
menced at  a  wrong  time  (pro  Phorm.  p.  95*2. 
§  26  f.),  or  brought  before  the  wrong  magisttate 
(c.  Pantaen.  n.  976,  §  33  f.).  In  the  last  ca« 
the  xapaypa^  would  answer  to  our  plea  to  the 
jwisdicHon, 

The  waoeeypo/pii,  like  every  other  answer 
(iurrtypa^)  made  by  the  defendant  to  tb^ 
plaintiff's  charge,  was  given  in  writing,  as  the 
word  itself  implies  (Dem.  c.  Phorm.  p.  912,  §  1' : 
c.  Pantaen,  p.  976,  §  34 ;  w.  iwrtkctyx^^  '^^ 
Zowat,  or  Tapaypd^tff9ai).  If  the  defendant 
merely  denied  the  plaintiff's  allegations,  or  (as 
we  might  say)  pleaded  the  general  issve,  he  was 
said  sOBvUikI^  thrUvai  or  €ttr4pxfa9ai  (I-^e. 
PhUoct.  §§  3,43, 52 ;  Dem.  c.  Step^  i.  p.  1103, 
§  6 ;  tlMuciaif  ^laidvai  occurs  only  e.  Phorm. 
p.  908,  §  4,  and  ^  ed6<7a  instead  of  cvMur(a  is 
late,  argum.  Dem.  c  Zenoth.  p.  881).*  In  tbi«j 
case  a  court  was  at  once  held  for  the  trial  of  the 
cause.  If,  however,  he  put  in  a  mpaypa^ii 
(iraptypdi^o  fiii  eliray^^ior  eirai  r^r  9(icnv).\ 
and  the  plaintiff  acquiesced  in  the  ground  ofj 
objection  raised,  the  action  was  either  brought 
before  a  different  magistrate  or  in  a  different 
form  (i.e.  not  as  8(inr  iforoputh,  but  as  i'utn 
fi\d0rif  or  xp^ms),  or  it  was  dropped  altogether : 
if,  however,  the  plaintiff  did  not  acquiesce,  a; 
court  was  held  to  try  the  preliminary  question,! 
whether  the  cause  could  be  brought  into  court 
or  not.  Upon  this  previous  trial  the  defen«iant 
was  considered  the  actor  (Pollux,  viii.  58),  and 
hence  is  said  by  Demosthenes  (c.  Phorm.  p.  9(*^.i 
§  4)  Karriyop€v  rev  ZtAKOvros :  he  began  and 


*  Aeschylus  (JBkm.  433)  similarly  usee  the  um 
rvtfcMi  Uki^  as  opposed  to  the  oath  of  one  or  the  ccboij 
party  on  which  they  might  have  agreed  to  rest  th«  iswi 
(429) :  see  Aeech.  ^m.  ed.  MfllleT.  p.  iWf.  LinwonJ 
(Lex.  to  Aesch.  t.  v.)  ^Tongly  trualatec,  **p«»  n 
righteous  sentence." 


PABALU8 


PABANOMON  GBAPHE 


339 


hid  to  fflainUin  the  groQnd  of  objectioQ  which 
ht  relied  upoB  (Dem.  c.  Stephan,  i.  p.  1103, 
$  5£).  If  bo  succeeded,  as  Phormio  did,  by 
inogmg  witBesses  that  he  had  obtained  a  release 
from  the  plaintiff,  the  whole  canse  was  at  an 
end ;  if  however  the  objection  was  only  to  the 
bim  of  action,  or  some  other  such  technicality, 
tbe  cause  was  xeoommenoed  in  the  proper  manner. 
it  hoverer,  the  plaintiff  succeeded,  the  jury 
meicljr  decided  woyAyi/uuf  cZycu  riiv  Hktip,  and 
thea  the  original  action,  which  in  the  meantime 
std  l>een  saspended,  was  proceeded  with  (Dem. 
€.  ZauiL  p.  888,  §  22  f. ;  c.  Lacrit.  p.  939, 
§  45).  Both  parties  on  the  trial  of  the  mpa' 
Tpefi^  were  liable  to  the  i-wmfitXia,  on  failure  to 
obt^  a  fifth  part  of  the  Totes  (Isocr.  c.  CcUlim. 
i'yDem.  c  Stephan,  i.  p.  1103,  §  6).    [£fo- 

BEUA.] 

Tlie  course  of  proceeding  on  a  wupoypa^  was 
obvioasly  caleulated  to  delay  the  progress  of  the 
Guise,  and  was  therefore  not  looked  on  with 
&roar  by  the  dicasts.  'TwwfuwUu  Kot  wapaypa- 
«al  (cifidL  p.  541,  §  84}  and  ffo^iaftofra  irol 
tofceypo^  Ktd  vpo^cis  (c.  Lacrit  p.  924,  §  2> 
sre  dsssed  together  by  the  orator  as  being  the 
msDonirres  of  defendants  to  defeat  justice  (cf. 
<^  Eyierg.  H  Mnes,  p.  1151,  §  39  ;  p.  1153,  §  45 ; 
Lex,  Bhetor,  Cantabr.  p.  673  ff..  And  Meier  ad 
i-  c;  PoUni,  viii.  60).  Hence  we  find  in 
Ue  extant  gcyaypa^ol  A^toi,  that  the  defen- 
<isot,  in  order  to  remore  the  prejudice  of  the 
<jicasks  against  himself,  not  only  supports  the 
znmA  of  the  vupayptu^^  but  discusses  the 
genezal  merits  of  the  canse,  and  endearours  to 
4bow  that  there  is  no  foundation  for  the  plain- 
tif  s  complaint.  And  there  is  no  doubt  that  the 
<iicasts  were  materially  influenced  by  such 
^scossionf  howcTer  in  strictness  irrelevant  (ar- 
S*«^  pro  Pkorm.  p.  944 ;  c.  Zenoth.  p.  881). 

There  was  no  such  thing  as  this  proceeding 
^T  eo^oTipa^,  where  the  defendant  had  the 
^Jvaatage  of  beginning,  until  after  the  expulsion 
of  the  Thirty  Tyrants,  when  a  law  W)is  passed 
^  the  pmpMal  of  Archinus,  &y  rit  9uaifyrat 
*Bp^Te^t  ipKovs,  i^€tytu  r^  ^^yorri  vapa/Ypd" 
"^rtsi,  To^j  M  Spxorras  wtpl  ro^ov  itftSierQP 
^^Tf^Wf  Aiyt IT  S^  wp^tpoy  rhy  xapaypailfdftfyoyy 

«npia]ly  only  for  the  special  case  that  an 
action  was  brought  in  Tiolation  of  the  amnesty, 
bot  later  on  extended  t»  other  grounds  ef 
<iefence.  Before  the  time  when  this  law  was 
I^<Md,  all  special  objections  to  the  adyersary's 
f^\iT»  of  proceeding  seem  .to  hare  been  called 
^y  the  general  term  of  hyrrypa^ai  Thus  when 
Pindeon  was  summoned  before  the  polemarch 
^7  the  speaker  of  the  23rd  speech  of  Lysias,  as 
^t  a  resident  alien,  he  put  in  a  '^  plea  to  the 
iurudictiofn "  on  the  ground  that  he  was  a 
i'Utaean  by  birth,  and  that  therefore  the  action 
*H^i  not  to  have  been  brought  before  the 
t<Iea]arch:  (§  5,  ^u^cTpa^oro  fiii  tUraey^^fwy 
•'*ai,  cf.  §  10;  Jebb,  Att,  Oratt.  i.  p.  302,  gives 
*P^  "npoTfpm^^  as  title  of  the  speech,  but  it 
■  i;ht  to  run  vp^s  r^y  n.  Arrrxpo^);  and  in 
'^^  case  it  is  clear  from  the  tenor  of  the  speech, 
',^t  the  defendant  did  not  address  the  court 
•'fsl  [ef.  ExOMoeiAy  31  (A«.  Froce$8,  ed.  Lip- 
^«.  pp.  849-«54,  948.)      [C.  B.  K.  1    [H.  H.] 

PA^ALTJS.    [Theobis.] 

PARANOIAS  DIKE  (wapapoias  Ziicny 
^«  pSQceeding  may  be  compared  to  our  com- 


mission of  lunacy,  or  writ  de  lunatioo  inquirendo. 
It  was  a  suit  at  Athens  that  might  be  instituted 
by  a  son  or  other  relative  for  a  son  against  one 
who,  by  reason  of  madness  or  mental  imbecility, 
had  become  incapable  of  managing  his  own 
affairs.  The  intention  was  to  take  the  manage- 
ment of  property  out  of  the  hands  of  such  a 
person — hence  the  suit  might  only  be  instituted 
by  the  next  heir,  t,e.  sons  in  the  first  instance 
(Plat.  Zegg.  xi.  p.  928,  D  f.) — and  not  to  provide 
for  his  confinement  (Aristoph.  Nub.  845;  Xen. 
Menwr.  i.  2,  §  49 ;  Aeschin.  c,  Ctes.  §  251). 
Pollux  (viii.  89)  states  that  this  Zimi  came 
before  the  archon  (as  ijy^iiity  tiKaiirrriplQv\  which 
is  very  probable,  as  being  a  matter  connected 
with  family  rights,  and  from  other  sources  we 
learn  that  a  court  of  dicasts  decided  the  case. 
The  anon3rmou8  author  of  the  Life  of  Sophocles 
alone  states  that  the  decision  of  such  a  suit 
rested  with  the  phratores  of  the  accused  (icaf 
wore  4v  ^ip^ifMTi  dffiiyqyt  rhv  *lopvyra  avr^ 
^Sovovrra  Jcal  irp^s  rovs  ^pdropaSy  etc.) ;  yet  this 
story  of  a  prosecution  of  Sophocles  by  his  son 
on  account  of  mental  imbecility  is  extremely 
doubtful.  It  would  seefn  that  a.  comic  poet 
introduced  an  arraignment  of  the  aged  Sophocles 
by  his  son  before  the  phratores  in  a  contem- 
porary comedy,  the  name  of  the  poet  being  lost 
(G.  Hermann  conjectured  icoi  irorc  ^Apio-ro- 
^dirns  iw  ApdfMuriv  tlv^ayt^  etc).  This  in- 
vented trial,  Jebb  suggests  (Soph.  ed.  Jebb,  ii. 
p.  xl.  f.),  was  accepted  by  Satyrus,  a  collector  of 
biographies,  whence  Cicero  (de  Sen,  7,  22)  and 
later  writers  (Plut.  Moral,  p.  785  B;  Lucian, 
Macrob»  24),  directly  or  indirectly,  derived 
their  accounts.  (Att,  Process,  ed.  Lipsius, 
p.  .566ff.)  [C.  R.  K.]    [H.  fl.] 

PABA'NOMON  GBAPHE  {itapw6fMy 
ypeupi^).  An  indictment  instituted  against,  a 
.  person  who  had  proposed  or  carried  an  illegal, 
or  rather  unconstitutional,  psephisma  or  law. 
The  jillegality  might  consist  either  in  its  form 
or  in  its  contents,  or  in  both.  Thus  a  psephisma 
might  be  impugned  for  matter  of  form,  if  it 
was  iarpofio^Xtvroy,  \je.  had  not  been  submitted 
to  the  senate  :  such  was  the  proposal  of  Andro- 
tion  (Dem.  c.  Androt.  p.  594,  §  5),  to  award  a 
crown  to  the  outgoing  senators  as  usual  in  spite 
of  their  having  failed  to  build  the  necessary 
number  of  triremes  (/.  c.  p.  596,  §  10  f.),  of  Aris- 
togiton  against  Hierocles  ([Dem.3  c.  Aristog.  i. 
p.  767,  argvm.)j  of  Tbrasybulus  to  confer  citi- 
zenship upon  Lysias  ([Plut,]  Vit.  X.  Oratt. 
p.  835  F) ;— or  a  proposal  to  restore  an  irtfios 
or  release  a  public  debtor  or  admit  him  to  com- 
position with  the  state  was  illegal,  if  permission 
(&8cia)  had  not  first  been  granted  by  an  assembly 
at  which  not  less  than  6,000  Athenians  had  voted 
(Dem.  c.  Timocr.  p.  715,  §  46).  As  regards  a  law, 
it  was  illegal  if  the  rules  had  not  been  complied 
with  which  regulated  the  introduction  of  new 
laws :  thus  Timocrates  bad  not  put  up  his  law 
in  the  usual  way  for  public  perusal  nor  observed 
the  regulations  as  to  the  time  when  the  nomo- 
thetae  should  be  appointed  (Dem.  c.  Tinuxr. 
p.  708,  §  26:  cf.  c.  Lept.  p.  485,  §  94).  As  to 
the  contents,  a  psephisma  was  illegal  if  incon- 
sistent with  a  law,  for  4^iJ^«<r/ua  fi-ntlv  fifirt 
$ov\fit  fi^Tt  ^fuw  y6fiov  Kvpi^tpoy  elyoi 
(Andoc  de  Myst.  §  87:  cf.  Dem.  c.  Aristocr. 
p.  649,  §  87,  and  c.  Lept.  p.  485,  §  92,  iXXi 
ivaFTiirtpoi  [y€<&r«pot  MSS.]  ol  y6fA0i,  koB*  oti 

Z  2 


340   PARANOMON  GRAPHE 


PARANOMOX  ORAPHE 


rky^^ltrfxara  9u  ypd^trBcuyj  and  it  is  dear  that 
this  point  was  <uipable  of  verj  wide  interpreta- 
lion,  from  the  fact  that  a  proposal  to  confer 
citizenship  on  a  foreigner  might  be  irapus^ned  if 
the  deserts  of  the  foreigner  could  be  called  in 
question,  since  the  law  stipulated  that  this  hon- 
our should  be  bestowed  only  on  one  deserving 
it,  5i'  iySpoyaBiay  tls  rhv  9nfiov  rhy  'A^ya(»y 
([Dem.]  c.  Neaer.  p.  1375,  §  89).     A  law  might 
be  impugned  as  being  inconsistent  with   some 
other  law   that   had   not  been  repealed  (Dem. 
c.  jRmocr.  p.  711,  §  84;— c.  Lept  p.  485,  §  93 ; 
p.  486,  §  96) :  since  a  special  law  provided  that 
new  laws  should  come  into  operation  from  the 
day  on  which  they  were  pawed  (unless  a  date 
was  expressly  mentioned,  usually  the  beginning 
of  the  year  following),  Timocrates  should  have 
repealed  this  law,  Demosthenes  argues  (p.  714, 
§  43 ;  p.  723,  §  73),  before  proposing  his  own 
with  retrospective  action.    Some  writers  have 
maintained  that  the  yonpii  xape»6fiwy  lay  not 
merely  against  ttnoonatitntional  legislation,  but 
against  bad  legislation  in  general,  so  that  a  law 
or  psephisma  might  be  assailed  on  the  charge 
of  inexpediency  (Jt^  iwer^ttov,  Dem.  c  Timocr, 
p.  711,  $  33, 2«x;  of.  Pollux,  viu.  56  and  44). 
Hadvig  takes  a   different  view  (Kleine  phiL 
Schriftenf  p.  878  ffl).    In  his  opinion  a  ypa^ii 
wap9y6fut¥  only    lay    against  unconstitutional 
legislation,  i.0,  against  a  law  or  psephisma  in 
proposing  which  certain  regulations  had  not 
been  complied  with  (jbt  va^  ro^r  96fiovt  rh 
f^io-zia  fffjpiiTai,  Dem.  c.  Arittocr,  p.  626,  §  18  f., 
cf.  p.  653,  $  100 ;  c.  Timocr.  p.  721,  §  66 :  these 
laws  which  had  been  contravened  the  prosecutor 
wrote  in  parallel  columns  with  the  law  or  pse- 
phisma indicted,  frapaypd^ffBai,  Dem.  c.  AncM. 
p.  604,  §  34,  etc.,  cf.  Dem.  c.  AriMtocr,  ed.  Weber, 
p.  221),  and  any  arguments  as  to  the  expediency 
of  the  law  or  psephisma  in  itself,  which  in  prac- 
tice played  an  important  part,  were  beside  the 
legal  point  at  issue,  being  cited  merely  ••  addi- 
tional   reasons   for   rejection.      Lipsius  adopts 
Hadvig's  view,  only  separating  objections  based 
on  the  contents,  e.g.  that  a  psephisma  is  incon- 
sistent with  a  law,  from  objections  of  a  purely 
formal  nature :  cf.  Gilbert,  Handb.  d,  gr,  Staatsalt 
n.  284,  n.  1,  and  Busolt,  Stoats^  u.  SechtscUt 
§  193.     Wayte  (Dem.  c.  Androt,  and  c.  Timocr. 
p.  zxxv.),  on  the  other  hand,  holds  that  any 
law,    ^  however    carefully    all    constitutional 
forms  had  been  observed,  might  be  assailed  on 
the  vague  charge  of  inexpediency.    The  ypti^ 
waparifiwy  lay,  therefore,  not  merely  against 
unconstitutional  but  against  bad  legislation  in 
general ;    and  any  law  might   be   pronounced 
'  bad '  against  which  a  majority,  however  small, 
could  be  obtained  in  a  court  where  the   last 
thing  expected  of  the  jurors  was  to  leave  their 
politics  behind  them."    SchOll,  too  {Sitzungaber. 
d.  k.  b,  Akad.f  MOnchen,   1886,    p.   136  ff.), 
contends  that  a  law  (not  a  psephisma)  might  be 
impugned  by  means  of  a  ypapii  irapov6f»m9  on  the 

f  round  of  inexpediency,  relying  especially  upon 
oUux,  viii.  87,  ol  ftkif  Bta/jLoSireu ....  tlcrdyovffi 
Kot  rits  rw¥  irapa»f6ftm»  ypa^s  mU  cT  ru  /u^ 
^ir^cior  y6fwv  ypd^itp. 

Against  the  propoaer  of  a  paephisma  a  7pa^ 
frapw6fi»9r  might  be  preferred  either  before  the 
taking  of  the  votes  (€,g.  against  Aristocrates  and 
Ctesiphon :  hence  their  motions  are  called  xpo* 
BovAc^futro,  Dem.  c.  Arittocr.  p.  625,  §  14,  etc. ; 


de  Cor.  p.  228,  §  9,  cf.  Xen.  ffeilen:  I  7, 12),  or 
after  the  voting  had  taken  place  and  the  people 
had  approved  of  it  (Dem.  c.  Androt.  p.  594, 1 5, 
etc. ;  [Dem.]  c.  Neaer.  p.  1347,  §  5,  etc.).  Any 
citizen  might  prefer  this  indictment ;  if  he  de- 
clared in  the  popular  assembly  on  oath  (limfioffiaf 
{nrou^cacBaif  Xen.  ffellf  i.  7,  34,  and  Schttmann, 
de  Comit  p.  161  f.,  whose  explanation  of  the  pas- 
sage Grote,  Hist,  of  Or.  vii.  p.  445  n.,  does  not 
accept ;  Lex.  Khet  Caiita6r.  p.  665,  3,  etc)  that 
he  intended  to  proceed  against  the  proposer  by 
means  of  a  ypa/^  irapev6f»mv^  such  a  declaration 
necessitated  the  postponement  of  the  voting,  or 
had  the  effect  of  suspending  the  validity  of  the 
psephisma,  until  the  court  had  given  its  deci- 
sion. The  indictment  which  Aeschines  preferred 
against  Ctesiphon's  proposal  in  B.C.  3S6  was  not 
brought  to  trial  till  six  years  later ;  since  Cte$i- 
phon's  proposal  was  a  woofio^Kevfia  of  the  senate, 
it  remained  in  force  only  a  year  (^Wrcior,  Dem. 
c.  Arietocr.  p.  651,  §  92),  but,  as  Schaefer  (i^ia> 
u.  9.  Zeit^  iii.  p.  207  f.)  suggests,  it  was  renewed 
in  B.C.  330  (hence  Ctesiphon's  personal  responsi- 
bility), and  now  Aeschines  was  compelled  to 
proceed  with  his  indictment  to  escape  the  fine 
of  1000  drachmas  (Dem.  c.  Theocr.  p.  1323.  §6). 
The  same  proceeding  might  be  institut«i  against 
the  proposer  of  a  law,  not,  however,  whilst  the 
law  was  in  due  form  under  consideration  on  the 
part  of  the  nomothetae  (Schumann,  Ofmse.  i. 
p.  258  f.),  but  only  when  an  attempt  was  made 
to  rush  it  through  the  popular  assembly,  or 
when  the  law  had  been  approved  of  by  the 
nomothetafr  to  prevent  its  becoming  ic^ptos'. 
thus  Leptines'  law  had  not  come  into  opera- 
tion in  consequence  of  Bathippns*s  indictment: 
cf.  Dem.  c.  Lept.  p.  497,  §  134;  p.  499,  §  139; 
p.  501,  §  143  (Schumann,  Opuac.  i.  p.  239  f.> 

The  indictment  was  directed  against  the  monr 
personally,  who,  if  the  court  decided  against  , 
him,  incurred  more,er  less  punishment:  death  ^ 
(Dem.  e.  J^mocr.  p.  743,  §  138)  or  a  fine,  10 
talento  (c  Mid.  p.  573,  §  182 ;  c.  Theocr.  p.  1332,  > 
§  31),  1  talent  (instead  of  the  15  proposed  by  I 
the  prosecutor,  [Dem.]  c.  Neaer,  p.  1348,  §  8^  I 
25  drachmas  (Hvp.  pro  Eva.  col.  31) ;  and  the  | 
law  or  the  psephisma  was  repealed.    A  persoi 
thrice  so  convicted  lost  the  right  of  making' 
proposals  in  the  popular  assembly  io  fotursi 
(Dem.  de  Cor.  trierarch.  p.  1231,  §  12;  Meier,  | 
ck  Bon.  Jkannat.  p.  130,  n.  435).    Aristopbot 
was  seventy-five  times  indicted  for  having  more<l 
illegal  decrees,  and  every  time  acquitted ;  whilst 
Cephalns  conld  boast  that,  though  he  had  pre* 
posed  more  decrees  than  any  one  else,  he  hsd^ 
not  once  been  indicted  (Aeschin.  e.  Cte$.  §  194)* 
The  prosecutor  who  failed  to  obtun  one-fifth  of 
the  votes  at  the  trial,  as  Aeschines  did  (Plot 
Ikm.  24),  incurred  a  fine  of  1000  drachmas,  and 
lost  the  right  of  instituting  a  ypmp^  ^upwfifu^ 
in  future  ^eophr. ».  i^^^.  Lex.  Bhet.  CantM 
p.  677,  8).    After  the  expiratioQ  of  a  year  froiai 
the  day  when  the  psephisma  or  the  law^wr 
proposed  or  passed,  the  mover  was  free 

Crsonal  responsibility :  this  was  the  case  wi^ 
ptines  (Dem.  c.  Lepi.  p.  501,  {144; 
p.   453,  ¥o/»hs  yi^  fp  rhp  ypi^am  96i»»^ 
^^KT/itt  fierk   iriearrhf   /t^    elwu    Imv^v^ 
though,  as  we  learn  from  this  instance,  the  la« 
iUelf  might  still  be  impeached  before  a  jarn 
and  in  such  case  the  people  appointed  advoca^ 
to  defend  it  (five  <r^i^iiro(,  Leptines  himself  * 


PAEAN  YMPHUS 

t^   foar   luunedy  p.  501,  §    146;    cf.   Wolf, 
{A.  cxuri.). 

la  Grate's  opinion  the  ypnpri  Tapap6fMtp  ^  was 
probsblr  introdaced  by  Pericles  at  the  same 
tim«  as  the  fonnalities  of  law-making  by  means 
of  speeiallj  delegated  Nomothetae  "  {Bist.  of  Gr, 
r.  p.  430):  cf.  Gilbert,  Ilandb,  d.  gr,  StaaUalt. 
L  p.  150,  n.  2 ;  Bosolt,  Gr.  StaaU*  u.  Bechtsalt. 
fUd.  Hahafy  {Hermath.  vii.  1881,  p.  87  f.) 
).>Uoes  it  later:  '^ Though  it  may  have  long 
eiist«d  in  the  special  form  of  an  action  against 
direct  verbal  contradictions  of  particular  laws 
hj  new  enactments,  its  importance  dates  only 
Cnun  the  disuse  of  ostracism  (417  B.C.),  and  was 
ercn  a  direct  consequence  of  this  disuse."  In 
Bja  411  it  must  have  been  firmly  established  as 
a  bulwark  of  the  democratic  constitution,  or  the 
Four  Hundred  would  not  have  repealed  it  before 
proposing  their  revolutionary  changes  (Thuc. 
viiL  67 ;  Dem.  c.  Ihnocr.  p.  748,  §  154 ;  Aeschin. 
c  Ctet,  §  191).  {Att,  FroceaSt  ed.  Upsius, 
j>p.  428-437.)  [C.  R.  K.]    [H.  H.] 

PAEANYMPHXTS.     [MATauiONiuM,     p. 
136.] 
PABAPETA8MA.    [Velux.] 
PABAPHEBNA.    [Dos.] 
PA&APBK8BEIA  Xwuparptfffitta)  signifies 
any  corrupt  conduct,  misfeasance,  or  neglect  of 
<tatj  on  the  part  of  an  ambassador ;  for  which 
be  was  liable  to  be  called  to  account  and  pro- 
secuted on  his  return  home  (Dem.  F,  L,  p.  430, 
§  278  f.;  p.  342,  §  4  f.;   c.  Mid,  p.  515,  §  5). 
Ambasiadors  were  usoally  elected  by  the  people 
in  saembly  (C.  /.  A,  U.  No.  17,  1.  72  fi*. ;  iv. 
No.  27  a,  1.  45  ff. ;  Aeschin.  F,  L,  §  18  f.,  etc.), 
o«  rare  occasions  by  the  senate  (Heydemaun, 
de  Sen,  Athen.  p.  37 ;  cf.  Dpm.  F,  L.  p.  380, 
4 128).    At  the  time  of  the  Peloponnesian  war 
»9d  before,  only  men  above  fifty  years  of  age 
vere  eligible   as  ambassadors  (Plut.  Per*  17; 
CLA,  I  No.  40,  L  16;    cf.  Plat.  Zegg,  zii. 
p.  950  D) ;  later  on  this  restriction  was  removed, 
for  Demosthenes  had  not  reached  that  age  when 
be  was  sent  to  Philip  in  B.C.  346.     Persons  lit 
for  the  post  (jS^mwlrrws,  Aeschin.  F,  Z.  §  23 ; 
Aryfup  iwdfupw,  c.  Ctes.  §  139)  and  peraonae 
^atae  to  the  state  to  which  the  embassy  was  to 
be  sent  (/.  c.  §  138  f. ;  Thuc.  v.  44,  etc ;  usually 
the  s^cFoi,   Schubert,  de  prox,  Attic,  p.  78) 
w«re  proposed  by  their  friends  (Aeschin.  F,  L. 
4 18)  or  might  even  propose  themselves  (Din. 
c  Dem.  §  81 ;  Lys.  c.  Agcr,  §  9).     In  most  cases 
the  ambassadors  received  definite  instructions 
(C  /.  A.  L  No.  40, 1.  16  ff. ;  Dem.  F,  L.  p.  352, 
§  37 ;  p.  392,  §  162  ;  Aeschin.  F,  L.  §  98,  etc.) ; 
bat  sometimes  this  was,  from  the  nature  of  the 
<:vc,  not  pofsible,  and  they  had  to  act  according 
to  their  own  judgment.    Hence  such  instructions 
«  Aeschin.   F,  L,  §   104,    irpdrrtiy  5i  rohi 
vp^dfis  jcol   &\X*  i  Ti  ta^  ivvMinai  iyoBSy : 
<^  C.  I.  A,  ii.  No.  17, 1.  74,  and  as  an  instance 
<f  independent  action  on  the  part  of  ambassadors 
W  be  dted  the  steps  taken  by  Learchus  and 
Ameinisdes  against  the  Lacedaemonian  envoys 
(Tbuc.  ii.  67).      Ambassadors   who   were   em- 
V^tTtd  to  make  peace  or  conclude  an  alliance 
^tkout  further  reference  to  the  popular  assnm- 
Wy  were  called  avroKpdropts  (Andoc.  de  Pac. 
1 33,  abroKpari^as  yiu>w9 ft^fitfoi  us  AoKt^aifAOva 
^•a  Tovf ,  IpB  fiii  irdXtP  ^woya^cpw/uy,  as  con- 
tissted  with  Thuc.  v.  41,  ir^  re'Aor  t<  cdn&y 


PARAPBESBZIA 


341 


avrohs  t^ifyu  r^  wX^tfti,  xal  ^v  kpittKOPta  ^, 
f^Kuv  is  T&  "taidvQia  rohs  tpicoifs  woi'riffOfi4yovs) ; 
yet  such  ambassadors  hsd  no  power  to  settle  the 
conditions  on  which  peace  was  to  be  made,  etc., 
these  having  been  determined  upon  before  they 
were  despatched.  Egger*s  definition  {M^tnoire 
histor,  swr  les  Trail^a  Publics^  p.  8)  is  therefore 
too  wide :  ^*  Les  ambassadeurs  prenaient  quelque- 
fois  le  titre  4®  plenipoteutiaires,  quand  on  les 
dispensait  formellement  d'en  r^f^rer  i  leurs 
commettants  pour  la  conclusion  du  traits." 
That  the  power  of  the  irpia^fis  avroKpdropfs 
was  such  as  described  above  is  borne  out,  e.g.  by 
Lysias'  (c.  Agor.  §  8  ff.)  and  Xenophon's  {IJeli,  ii. 
2,  11  ff.)  accounts  of  Theramenes'  embassy  to 
Sparta.  The  Athenians  had  proposed  to  Agis  to 
become  allies  of  Sparta,  retaining  their  walls 
and  the  Peiraeus,  and  Agis  referred  the  am- 
bassadors to  the  ephors  at  Sparta.  This  they 
reported  to  the  popular  assembly,  by  whom 
they  were  despatched  to  Sparta.  On  the 
frontier  the  ephors  asked  what  their  proposi- 
tions were;  and  hearing  that  they  were  the 
same  as  those  made  to  Agis,  they  desired 
them  to  go  back  and  come  prepared  with 
something  more  admissible,  informing  them  at 
the  same  time  that  no  proposition  could  be 
received  w^hich  did  not  incliide  the  demolition  of 
the  Long  Walls  for  a  continuous  length  of  ten 
stadia.  With  this  answer  the  envoys  returned 
to  Athens ;  a  senator  advised  the  acceptance  of 
the  terms,  but  was  thrown  into  prison,  and  u 
resolutir^n  was  passed  forbidding  any  such 
motion  in  future.  Then  Theramenes  offered  to 
go  as  envoy  to  Lysander,  to  find  out  the  real 
intentions  of  the  Si^«rtans  as  regards  Athens ; 
and  when  after  three  months'  delay  Lysander 
referred  him  to  the  ephors,  Theramenes  returned 
to  Athens.  He  was  now  chosen  vpco'^Scvr^^s 
tAroKpdrtfp  to  Sparta,  together  with  nine  others, 
Le,  empowered  to  conclude  peace  if  the  Spartans 
accepted  the  conditions  which  he  was  prepared 
to  offer,  these  having  been  agreed  on  by  the 
people  (Bfipofityris  .  .  .  A^^ci  5ri .  .  .  voi^o-civ 
6<rrc  fifiTt  Tuv  Tffix«y  SieAciv  ju^rc  &AAo  r^v 
fr6Xi¥  iX.cprT&ffai  firfiivj  etc.  Lys.  /.  c.  §  9).  At 
Sellasia  these  envoys  informed  the  ephors  that 
they  were  abroKpdropts,  and  were  therefore 
permitted  to  come  to  Sparta;  but  when  the 
Spartans  insisted  upon  the  demolition  of  the 
Long  Walls,  etc.,  the  envoys  could  do  nothing 
but  refer  {iwayapiptiVf  Xen.  /.  c.  §  21)  these 
terms  to  the  Athenians ;  in  the  popular  assembly 
they  strongly  recommended  submission  to  Sparta, 
and  the  terras  were  accepted  by  a  large  majority. 
It  is  clear  that  if  Theramenes  and  his  colleagues 
had  been  plenipotentiaries  in  the  usual  sense  of 
the  word,  i.e.  emi)owered  to  make  peace  on  the 
best  terms  they  ecu  Id  secure,  they  would  have 
done  so  at  once  at  Spnrta.  See  also  Diod.  zii.  4, 
8i(^«/>  ol  ircpl  T^i'  'AprdfiaCov  Koi  MtydfiuCov 
((w€fi^aM  c(f  rks  'AOiivas  Tptefituriis  robs  8ia- 
kt^ofidvovs  rrtpl  avW^trtttS'  {nroKovadintey  8i 
T»y  *A$ri¥alwv  Koi  irtfir^faprwy  Tp4ff$€is  avroKpd' 
ropas  wy  ^ytiro  KaWlas  6  'IvwovIkov  iyivomo 
ffvv9rtKai  irepl  rris  cip^i^f,  etc.  In  Dem.  F,  L, 
p.  395,  §  173,  avroKpdrttp  has  of  course  a 
different  sense  (Schafer,  Ifem,  u.  s.  Zeit^  ii. 
p.  227,  n.  1). 

For  ambassadors  to  act  contrary  to  their 
instructions  (raph.  rh  t^^itrfia  irpco'/Bc^eiy,  Dem. 
F,  L.  p.  346,  §  17)  was  a  high  misdemeanour 


342 


PABAPRESBEIA 


PAKAPBESBEIA 


(Plat.  Legg.  lii.  tniU  p.  941  A).    On  their  return 
home  they  were  required  immediately  to  make 
a  report  of  their  proceedings  (&ira77^AAeiy  rV 
Tpttrfifiay),  first  to  the  senate  (/ir2  irc^oAafwK, 
Aeschin.  F,  L.  §  45)  and   afterwards  to  the 
people  in  assembly  (/.  c.  §§  17,  25,  45  if. ;  Dem. 
F.  L.  p.  342,  §  4,  etc.).*     If  the  report  made  to 
the  senate  seemed  satisfactory  and  no  complaint 
was  made  against  the  ambassadors,  a  member  of 
the  senate  moved  a  vote  of  thanks  to  the  envoys 
and  an  inyitation  to  dinner  in  the  Prytaneum, 
and  this  motion  was  afterwards  submitted  to 
the  popular  assembly.    Thus,  after  the  return 
of   the  first  embassy  to  Philip,   Demosthenes 
moved  in  the  senate  ffrt^cufwirai  $a\Kov  «rr%' 
«pay^   tKvurrov  koL  iraAcVai   M  8e?vvoy  tls  rh 
wpvTOfMP  cif  aCpioy,  and  in  the  popular  assem- 
bly   iT€U¥4erai    ical    Ka\4<rcu    ixl  Burvop,  etc. 
(Aeschin.  F.  Z.  §§  45,  53 ;  cf.  Dem.  F,  Z.  p.  414, 
§  234).     When  objections  were  raised  to  the 
conduct  of  the  ambassadors,  as  happened  after 
the  second  embassy,  no  such  vote  of  thanks,  etc. 
was  proposed  in  the  senate  (Dem.  F.  Z.  p.  350, 
§  31 ;  cf.  p.  355,  §  45,  etc.).    This  TOte  of  thanks 
had  in  course  of  time  become  a  mere  formality 
(rh  y6fUtJL0y  l0of  Tomy,  Dem.  F,  L.  p.  414,  $  234, 
and  argum.  p.  338 ;  cf.  Aeschin.  c.  Ctes.  §  178), 
and  to  judge  from  the  case  of  Timagoras,  a 
person,  though  thus  honoured,  might  later  on 
be    severely   punished   if   misconduct    in    the 
embassy  could  be  proved  against   hitn  (Xen. 
Ilellen.  vii,  1,  38;— Dem.  F.  L.  p.  400,  §  191 ; 
p.  383,  §  137).     Since  it  was  forbidden  by  law 
ffrt^ayouw  robs  iirtx/$i&vovs  (Aeschin.   c.    Ctes. 
§  11),  such  a  motion  probably  always  contained 
the  clause  ^irciS&y  rcb  €lf$uvaf  8^  (cf.  C,  L  A.  ii. 
No.  114  A ;  Rangab^  Ant.  Hdl  il.  No.  425). 
For  that  the  ambassadors  had   to  render  an 
official  account  of  their  conduct  m  the  embassy 
in  the  usual  way  [Euthtke]  is  clear  (Aristotle 
in  Harpocr.  s.  o.  §69woi:  Pollux,  viii.  45,  etc.). 
At  the  anakrisis  held  by  the  logistae,  their 
K^ipv^  asked,  if  any  one  intended  to  accuse  the 
functionary  who  was  rendering  his  account  (rls 
$o6Kercu  Jcariryopciy ;  Aeschin.  c.  Ctes.  §  23; 
cf.  Dem.  F.  Z.  p.  341,  §  2).     If  an  accuser 
appeared,  he  had  to  establish  his  complaint  and 


•  Boeckb  (AAA.  i.»  p.  3G3)  sUtea  that  the  state  paid 
the  ambassadoFS  their  c^ta  in  adwuue,  quoting 
C.  I.  a.  No.  107  =  C.  I.  A.  ii.  No.  311.  £fhem.  arch. 
No.  407= C.  /.  A.  No.  64  (C.  I,  G.  2566  ia  a  Cretan 
inscr.),  and  Friinkel  adds  (vul.  il.  p.  67,  App.)  that 
sometimes  the  ambassadors  received  their  pay  after 
their  return.  It  would  seem  that  to  about  the  middle 
of  the  fourth  century  the  ambaasadors  received  their 
i^iiia  oSUt  their  return  {€.  I.  A.  il.  No.  186,  p.  423; 
No.  64  =  Olymp.  106,  4 ;  No.  89  =  Olymp.  106.  No.  108 
c.  b.  L  24  =s  c.  Olymp.  I07, 4,  fifty  drachmas),  so  much 
per  day ;  Aristophanes  iAeham.  66,  cf.  602)  speaks  of 
two  draGhmaa,and  the  scholiast's  remarlc  Is  to  the  point, 
Ko^avTcTw  yap  rwi'  vfMvfitvritp  in  iwirifUf  XP<»^P«- 
fiwitrmv  i»  T«*«  rpcvjlcuuf  vwkp  tov  vActoi^  yua^w 
)Mit^d»€tv.  From  Dem.  F.  L.  p.  390,  $  158,  we  may 
conclude  that  the  amount  was  less:  each  of  the  ten 
ambassadors  received  a  hundred  drachmas  for  ninety 
days,  but  in  ftct  the  Journey  lasted  only  seventy  days. 
At  a  later  period  the  j^tf  ta  wei«  paid  in  advance :  thus 
for  a  Journey  to  Byiantium  fifty  drachmas  (C*.  /.  A.  Ii. 
No.  261  =  Olymp.  118-120),  cf.  (7.  /.  A.  U.  No.  311  = 
Olymp.  123,  3;  r^  wruyiUv9v\  and  the  Avaricious  Man 
in  Theophraatus  {Char.  26,  ed.  Jebb=30)  leaves  the 
money  allowed  to  him  by  the  state  at  home  and  borrows 
of  his  colleagues  In  the  embsasy. 


reduce  it  to  the  form  of  a  7pa^,  and  the  pro- 
secution would  be  conducted  in  the  usual  way, 
stopping  the  proceedings  of  the  cMvnu.    (This 
explains  why  Aeschines  had  not  rendered  his 
account  before   Demosthenes  brought  him    to 
trial,  Dem.  F.  Z.  p.  374,  f  104  f.)     We  do  not 
know  within  what  time  tbia  account  had  to  be 
rendered,  whether  ambassadors  were  bound  to 
render  it  thirty  days  after  their  return,  as  most 
magistrates  had  to  do  after  tha  eipiration  of 
their  term  of  office.    Thirlwall  (iTttf.  of  Qreece^ 
tI.  p.  31)  can  scarcely  be  right  in  saying  that 
the  time  for  doing  it  was  left  to  their  discretioo ; 
for  the    instance    from  which  he  draws  this 
inference  must  be  explained  difierently.    From 
the  way  in  which  Demosthenea  had  attacked  him 
on  his  return  from  the  second  embeasy  to  Philip 
both  in  the  senate  and  in  the  popular  aasembly, 
Aeschines  had  reason  to  fear  that  charges  would 
be  made  against  him  on  the  occauon  of  his 
rendering  his  account.     He  therefore  tried  at 
first  to  escape  it  altogether ;  and  with  a  view  to 
that,  when  Demosthenes  wished  to  render  his 
account  in  due  form,  he  presented  himself  before 
the    logistae    and  argued  that   there  was  no 
occasion   to   render  an  account  of  this  second 
embassy,  as  it  was  for  a  matter  of  form  onlj, 
viz.  to  receive  the  oath  of  Philip  (Aeschin.  F.  L. 

L123).      This   objection   was  orernUed,  and 
mosthenes  went  through  the  necessary  forms 
and  i*eceived  his  discharge,  no  one  complaining 
of  his  conduct,  and  probably  tome  other  envoys 
likewise  (Dem.   F.  L.  p.  377,  §  118;   Aeschin. 
F.  Z.  §   178).      Now    Aeschinet   changed  his 
tactics,  and  professed  to  be  eager  to  render  his 
account  (c.  Tm.  f  168),   and  Demoethenes  and 
Timarchus  brought  charges  of  neglect  of  duty 
against  him  (Dem.  F.  L.  p.  343,  $  8>   Aeschhies, 
however,   gained    time   by   proceeding  against 
Timarchus:   he   demanded  a  judicial  scrutiny 
into  Timarchus*  character,  and  thos  in  a  sam- 
marv  way    got    rid    of   one    of   hia  accusers 
(Miiuovw  OwaKO^trayrd  r»*  abrov  Karhyopofy 
Dem.  F.  Z.  p.  423,  {  257).     At  last,  more  than 
three    years  after   the   embassy  (Dion.   Halic 
Epist.  i.  ad  Amm.   10,   ipx^^  TIv$^otos^  t>. 
B.C.  343-2. .  .KoX  rhf  icar'  Al^x^you  cwrrd^o 
A^K,   tr9  rks  M^yas  iZiZov   r^s    9*vr4pas 
wp€ff$*iaM  r^r  M  robs  Spirovf),  Demosthenes 
brought  Aeschines  to  trial,  when  he,  it  is  said, 
was  acquitted   by  a  majority  of  only  thirty 
votes  fPlut.   Dem,  15;   [Pint.]  ViU.  X  Omtt. 
p.  840  B,  C).    The  ypupii  leapo^pMafisias  which 
might  be  brought  only  on  occasion  of  the  f  Mv9« 
was  a  TiMir^f  ayAy  (Aeschin.  F.  Z.  §  5,  etc.): 
and  as  it  might  comprise  charges  of  the  mo«t 
serious   kind,  such   as   treachery  and    treason 
against  the  state,  the  defendant  might  have  to 
apprehend  the   heaviest   punishment      Caliias 
(Dem.  F.  L.  p.  428,  §  273)  had  to  pay  a  fine  of 
fifty  talents  4y  reus  tMyrns  (on  his  embassy : 
cf.  Duncker,  Abh.  a.  d.  Griech.  Gesch.  p.  121  ff.\ 
Aelian's  story  (  V.  H.  vi.  5),  that  the  Athenian 
ambassadors  sent  to  Arcadia,  though  successfol 
in  the  object  of  their  mission,  were  condemned 
to  death  because  they  had  not  travelled  by  the 
prescribed  route,  wants  confirmation.    Besides 
this  ypa^f  an   cbroTTtX/a  might  be  brought 
against    an    ambassador  (Dem.  F.  Z.  p.  374, 
§104  f.),  e.g.  against  Epicrates  (Dem.  F  I. 
p.  429  f.,  §  276  flfi),  and  probably  against  Philra 
(Isocr.  c  CailwL  §  22 ;  M^txBirra  caa  icaroely  be 


PABASAKGA 


PABABITl 


343 


os«l  here  in  iU  technical  sense).  (Att,  ProossSf 
id.  LipNos,  p.  459  C,  p.  290.)  Aeschines  {F.  X. 
I  139)  says  that  Demosthenes  had  threatened 
to  bring  an  eisangelia  (jtiaayyttXai  vapecwpwC' 
fitivmoimt)  against  him  for  going  as  ambassador 
to  Philip  and  to  the  Amphictyonic  council^ 
without  being  appointed  as  such  (cf.  Dem.  F.  L, 
p.  379,  {  125  £);  it  ia  true  that  Aeschines, 
when  elected  to  go  on  the  third  embassy, 
^echoed  nndar  the  pretext  of  ilKhealth  (Dem. 
/.  L.  PL  379,  {  124),  but  the  election  was 
raiewed  by  a  decree  which  Demosthenes  passed 
•Tcr  (Aeschin.  1*.  X.  §  94,  iHfioyia  rh  /ti^p 
crryvwt,  scU.  Dem.  F.L.p.  381,  §  130,  rh  9k 
inp0tig:  cf.  Dem.  F.  X.  p.  395,  §  172,  M  r^ 
r^Tur  «p«c^c(ay  9is  put  Xf&p»ronnifdanmu  iftmw 
Stf  ^«yM#4^i|r) ;  cf.  Plat.  Zegg,  zii.  p.  941  A. 
Aattphan  aiid  Archeptolemns  were  proceeded 
a^aiost  by  an  tineyytAla  wpoioaias  ([Pint.]  Vitt. 
X.  OratL  p.  833  £,  F),  and  the  impeachment  of 
Pkilocratcs  was  not  vapcnrps^/Bfla  (SchOmann, 
de  Com.  p.  195),  bat  ^opa  tfrra  X^uf  ftii  ri, 
i^t9ra  rt^  S^H*  ^^  *Miiyalmw  (Hyper.  j)rv  Eux, 

t39).  raR.K.]  pf.H.] 

PASA8ANGA  (vofMNnfyTHf ).  Aconnling  to 
Hcrodotas,  the  parasang  was  the  name  giren  by 
the  Peniana  to  a  distance  of  30  stadee  (irmpv' 
9«ty7«s,  Tovf  mmXiovn  W  liifwoc  t^  rpKimtrra 
rriiaOf  ri.  42).     It  was  never,  properly  speak- 
iaf ,  s  Greek  measora,  bat  was  simply  employed 
by  Greek  writers  snch  as  Herodotus  and  Xeno-- 
phoa,  who  wrote  about  distances  from  one  place 
to  sBother  in  Asia,  just  as  Strabo  employed  the 
word  ^Uiar  when  describing  distances  in  Italy, 
aDJ  ss  the  Romans,  on  the  other  band,  nt  times 
nnployed  the  term  irrdSier  to  describe  distances 
la  Greece.    The  origin  of  the  measure  is  not 
my  dear:  some  have  sought  to  explain  it  as 
the  distance  trarersed  by  an  active  walkM*  in  an 
nanr  of  equinoctial  time,  during  which  the  eun 
trarcTMs  n  distance   in  the  heavens  equal  to 
thirty  times  hia  own  diameter.     According  to 
those  metiologists  therefore,  the  Persians  simply 
borrowed  tho  parasang  from   the  Babylonians. 
Bot  it  is  probable  that  it  had  a  much  more 
ninple  and  rude  oricin,  and  ii  rather  to  be  com- 
pered with  the  Gallic  Uuga  (league)  =1^  Roman 
Biles,  and  the  German  JSostossQ  Roman  miles. 
It  will  hardly  be  maintained  that  the   latter 
vere  based  on  astronomical  observations.    It  is 
BMfe  reasonable  to  suppose  that  the  parasang 
u  well  as  the  ievga  and  Hasia  were  multiples  <^ 
MOW  native  unit  of  land  measure,  such  as  the 
^gth  of  the  ftarrow  [Mensura].    This  view  is 
sspported  by  the  fact  that  the  Persians  used 
the  parasang  as^heir  unit  of  measurement  when 
<^aig  with  large  tracts  of  country.    (Herod. 
^  42,  aal  rks  x^fMu  cr^wr  p^irrp^ta  Kwrk 
^^mtirffOM^  K.   T.  ^.)     The  scientific  theory 
^its  origin  is  also  rendered  doubtful  by  the 
•Kt   that    the    parasaog    varied    cousiderably 
»  extent  in  different  times  and  places.    For 
ostsBoe,  Agaihias  (ii.  21),  who  quotes  the  testi- 
■0B7  ftf  Herodotus  and  Xenophon  to  the  para- 
^  being  30  stades,  says  that  the  Iberi  and 
Peniuis  in  his  own  time  (a.d.  570)  made   it 
^J  21  stades.    Strabo  also  sUtes  (xi.  p.  518) 
^  some  writers  reckoned  it  at  60  stades, 
o^en  at  40,  and  others  at  30.    The  evidence  of 
^ny  is  to  the  same  effect,  as  he   complains 
*f  the  difficulty  of  giving  accurate  statements  of 
^«ces  {B.  Jf,  vi.  §  30).    DUtances  in  Asia 


are  still  reckoned  in  paramnga  (Persian  fartang). 
Modern  travellers  variously  estimate  it  at  from 
3^  to  4  English  miles,  which  agrees  closely  with 
the  calculations  of  Herodotus.  [W.  Bl] 

PABA8EM0N  (wapdffiiifuv).  [iBsiaVB.] 
PABASI'TI  (rapdfftrot}  properly  denotes 
those  who  dine  with,  or  beside,  others :  of  whose 
position  Athenaens  (vi.  p.  34),  commenting  on 
the  later,  degradation  of  the  woid^  says  that  it 
was  formerly  Up6if  rt  x^A<a  *c^  ▼^  ^v^Botpi^ 
wapifUHoit.  .From  .  the  general  sense  of  **  dining 
beside,"  we  have  in  the  earlier  times  two 
senses  of  the  word,  civil  and  sacred,  and  later  a 
quite  different  sense.  It  must  be  observed  that 
wapdcrvros  differs  fh>m  a^vvrot  in  that  it  im* 
plies  a  difference  of  rank  and  status ;  ^  and, 
whereas  the  c^tnreroi  are  those  who  dine 
together  ex  nffidOy  the  rcdpaviiros  are  those  who 
are  invited  to  join  them.  .  Hence  in  the 
original  civil  meaning  the  ^apdtrtroi  were  those 
who  dined  in  the  Prytaneum  (or  in  the  Tholos) 
not  being  magistrates,  but  invited  guests ;  that 
this  was  originally  the  case  is  shown  by  the 
fact  that  Solon  forbade  the .  same  parasite 
atrturim  woWdiets  (Pint.  Sol.  25).  After  the 
separate  oflScial  dinners .  in  the  Tholos  were 
instituted,  the. terms  wi^mSs'itoi  included  those 
subordinate  clerks,  &c  (*' parasites "  of  the 
Prytaneis)  who  were,  some  time  after  the  Roman 
conquest,  termed  Ac^o'trsi.  [Pbttaneum.]  The 
wopdffcroi  of  the  priests  were  ministers  in  the 
temples  above  the  rank  of  mere  temple  servants 
whe  assisted  the  priests  in  thai  sacred  rites,  and 
dined  with  them  after  the  sacrifice ;  and  when 
the  word  is  used  to  denote  a  distinct  office,  it 
has-  this  mining.  Athenaens  (/.  c.)  in  his 
accoimt  quotes  various  laws,  and  decrees,  but  he 
is  clearly  not  quite  certain  of  their  meaning. 
From  the  obscurely-worded  law  on  p.  235  c,  we 
should  infer  that  the  mpdavrot  had,  besides 
their  ritual  duties,  to  collect  (as  if  sacred 
iKkayuM)  certain  dues  of  com  for  their  temple, 
that  they  stored  the  offerings  of  com  in  a  wapa- 
airMtcv  (which,  however,  from  analogy  we 
should  have  expected  to  mean  the  lodgings  of 
parasiti  in  the  tern  pie.  precincta),  that  they  were 
charged  with  providing  food  therefrom  for  those 
who  came  for  religious  purposes  to  the  temple, 
and  that  out  of  funds  committed  to  them  they 
had  to  pay  for  repairs  of  the  temple  buildings. 
What  the  sense  of  ix  rifs  fiavicoktas  iitXiyttv 
can  be,  it  is  impossible  to  say.  There  is  no 
warrant  for  giving  to  fiovtcokCa  the  sense  of  a 
^  country  district,"  attached  to  the  temple, 
whence  com  was  due,  which  might  give  an 
intelligible  meaning.  Schweigh&user's  emenda* 
tion  iterhs  fioiucoALu,  *' absque  dole  malo,"  is 
ingenious,  but  not  a  probable  expression. 
Various  deities  are  mentioned  in  the  passages 
dted  by  Athenaens,  in  whose  temples  there 
were  parasiti,  but  there  is  no  reason  to  suppose 
that  their  employment  was  limited  to  those 
temples.  When  it  is  said  that  the  archons  are 
to  choose  parasiti  from  the  demes,  the  civil 
parasiti  are  probably  meant  (as  in  tf^orrcr  aa' 
wapdirerot  m^tcrtty,  p.  234,  f.).  From  the 
analogy  of  wdpeSpoi,  the  assistants  of  magis- 
trates, we  may  imagine  that  the  priest  of  the 
temple  chose  his  vosoo'iroc. 

From  the  fact  that  the  priest  received  one* 
third  of  the  victim  and  the  vapdo'iTOi  the  same 
amount,  it  is  clear  that  there  was  always  mora 


344 


PABASTADES 


PABEDRI 


than  one  irapddrirof  in  a  temple,  since  the  prieat's 
share  would  certainly  be  larger  than  his  sub- 
ordinate's. 

Parasites  in  the  modem  sense  no  doubt  existed 
in  early  times:  the  comedies  of  Aristophanes 
testify  to  them,  and  Philippus,  who  is  intro- 
duced in  the  Symposium  of  Xenophon,  is  a  good 
specimen  of  the  class  (cfl  Epicharm.  ap.  Athen. 
tL  p.  235);  but  the  name  waodtrvros  was  only 
so  applied  in  writers  of  Middle  and  New 
Comedy  (the  first  who  so  used  it  is  said  to  hare 
been  Alexis),  upon  which  the  honourable  sense 
gradually  fell  into  disuse.  In  these  later 
comedians  (from  whom  numerous  passages  are 
quoted  by  Athenaeus,  vi.  pp.  236-248)  the 
parasites  are  standing  characters. 

The  features  common  to  all  these  parasites 
are  importunity,  love  of  sensual  pleasures,  and 
above  all  the  desire  of  getting  a  good  dinner 
without  pajing  for  it.  According  to  the  various 
means  which  they  emploved  to  attain  this 
object,  they  may  be  divided  into  three  classes. 
The  first  are  y^XMTowoioij  or  jesters  (cf.  Theo- 
phrast.  zi.  4 ;  Jebb  ad  loc.)j  who,  in  order  to 
get  an  invitation,  not  only  tried  to  amuse,  but 
endured  the  grossest  insults  and  even  personal 
maltreatment  (Alciph.  Ep.  iii.  6,  7,  49).  This 
profession  of  voluntary  enslavement  was  so 
systematic  that  they  had  note-books  with  a 
collection  of  jests  (Pint.  Stick,  iii.  2,  1 ;  Pers, 
iii.  1, 67).  Among  these  we  may  class  Philippus 
in  the  Sympotium  of  Xenophon,  Ergastilos  in 
the  Capticif  and  Gelasimus  in  the  StSihua.  The 
second  class  are  the  Jc^Aoicfs  or  flatterers  (see 
Athen.  vi.  p.  248  d),  who  by  praising  vain 
persons  endeavoured  to  obtain  an  invitation. 
Such  were  Qnatbo  in  the  EunuchuSy  and  Arto- 
tragus  in  the  MOea  Ghriosus.  The  third  class 
are  the  Btpawwrucoi,  or  the  officious,  who  by 
service  even  of  the  lowest  and  most  degrading 
description  tried  to  win  favour  (Plut.  ae  AM, 
23;  de  Eduoat  17).  Characters  of  this  cJass 
are  the  parasites  in  the  Asinaria  and  Menaechmi^ 
and  especially  Curculio  in  the  P^rsoe  and  Saturio 
in  the  Phorinio,  We  find  the  parasites  haunting 
the  marlcet,  the  palaestrae,  the  baths,  and  other 
public  places  in  search  of  a  patron.  Some 
examples  of  the  disgusting  humiliations  which 
parasites  endured  are  mentioned  by  Athenaeus 
(vi.  p.  249)  and  Plutarch  {Symp.  vii.  6 ;  cf. 
Diog.  Laert.  ii.  67;  Epictet.  iv.  1,  §  55;  Dio 
Chrys.  vi.  p.  602,  ^<art(6fi9voi  leal  aiaxff^  K4yoi^ 
Tff).  Under  the  Roman  empire  the  parasite 
seems  to  have  been  constantly  at  the  tables  of 
the  wealthy  Roman,  and  to  have  been  treated 
in  much  the  »ame  way.  (Hor.  Sat,  ii.  7,  102 ; 
Mart.  ii.  18,  53,  72 ;  Lucian,  de  ParasiL  58.) 
Their  position  i^  described  particularly  in 
Juvenal,  Sat  v.  (where  see  Mayor's  notes),  and 
Plin.  Ep.  U.  6.  (Becker-Ottll,  Charikles,  i.  157  ; 
Bliimner,  Pricatalt.  502;  Hermann,  Gr.  Alt 
u.«36.)  [L.  S.]    [G.  E.M.] 

PABA'STADES.    [Antae.] 

PABA'STASIS  (wapdaraffis),  a  fee  of  one 
drachm  paid  to  an  arbitrator  by  the  plaintiff,  on 
bringing  his  cause  before  mm,  and  by  the 
defendant,  on  putting  in  his  answer ;  likewise 
on  making  an  application  for  delay,  and  prob- 
ably also  on  making  a  counter-affidavit  (Pollux, 
riii.  39,  127  ;  Harpocr.  s.  v. :  cf.  [Dem.]  c. 
Timoth.  p.  1190,  §  19 ;  Photius  and  Etym.  M, 
s.  V.  wapaKardaraais),     Meier  {Privatschieda" 


riohter,  etc.  p.  13  f.)  is  of  opinion  that  the  state 
received  these  fees,  and  out  of  them  paid  the 
public  arbitrators  a  drachm  for  every  day  they 
were  engaged  in  their  official  duties ;  yet  boUi 
Pollux  and  Harpocration  use  the  expressioa 
XMftfiJuf^uf  of  the  arbitrator. 

The  same  name  was  given  to  the  fee  (prob- 
ably a  drachm)  paid  to  the  state  by  the  prose- 
cutor in  certain  public  canses.  Aristotle  (in 
Harpocr.  a.  e.)  mentions  as  7pa^  to  be  laid 
before  the  thesmothetae  those  in  which  this  fee 
had  to  be  paid,  viz.  (criar,  9wpo^{aSt  t^vSey- 
7/M^ifr,  ^ctiioKXfirefar,  fiovK^^tms,  ieypoi^iM 
and  ^ix«las :  and  from  Andoc  de  MytU  f  120, 
we  learn  that  vopdo^aaa  had  to  be  paid  by  one 
who  claimed  an  heii'eas  in  marriage  as  having  a 
better  title  than  another.  On  the  other  hand, 
this  fee  was  not  paid  in  an  curayycAia  ttmcivtms 
irueKfipttp  (Isae.  Pyrrk,  §  45X  nor  probably  in  a 
ypa^il  Sfipm  (Isocr.  LochH.  §  2).  (Att.  Proceu, 
ed.  Lipsius,  p.  813  f.)  [C.  R.  K.]    [H.  H.] 

PAJtA'STATAE.    [Henobca.] 

PABAZCVNIUM.    fZozrA.] 

PABE'DBI  (vcf^fSpoi),  atseawrt,  whom  we 
find  attached  to  the  three  superior  archons,  the 
euthyni,  and  the  Hellenotamiae.    Each  of  the 
three  superior  archons  was  at  liberty  to  have  two 
assessors  (irdpcSpoc)  chosen  by  himself,  to  assist 
him  by  advice  and  otherwise  in  the  performance 
of  his  various  duties.    (Aeschtn.  c  Tim.  J  158; 
Poll,  viii  92.)    That  the  magistrates  who  had  a 
right  to  irdip€9poi  appointed  them,  and  that  it  wu 
not  an  appointment  by  lot,  appears  from  Pollux, 
/.  c.  and  ch.  101,  on  which  see  fioeckfa's  comment 
QStaatscatsh.  i*  p.  245)  and  Phot.  s.  v.    The 
assessor,  like  the'  magistrate   himself,  hsd  to 
undergo  a  ZoKtfteuria  in  the  Senate    of  Fire 
Hundred  and  before  a  judicial  tribunal,  before 
he  could  be  permitted  to  enter  upon  his  labours. 
He  was  also  to  render  an  accoont  (cMvmu)  at 
the  end  of  the  year.    The  office  is  called  an 
Vx4  ([I>em.]  c.  Neaer,  p.  1369,  §  72).    The 
duties  of  the  archon,  magisterial  and  jodidsl, 
were  so  numerous,  that  one  of  the  principal 
objects  of  having  assessors  must  have  been  to 
enable  them  to  get  through  their  business.    We 
find  the  irdp€ipos  assisting  the  archon  at  the 
An|»  ^itait.    ([Dem.]  c.  Theoc.  p.  1932,  f  32.) 
He    had    authority  to    keep    order  at  public 
festivals  and  theatres,  and  to  impoae  a  fine  on 
the  disorderiy  (Dem.  o.  Mid  p.  572,  §  179). 
As  the  archons  were  chosen  by  lot  (irAqprre/X 
and  might  be  persons  of  inferior  capacity,  sad 
not  very  well  fitted  for  their  station,  it  mi^ht 
often  be  useful,  or  even  necessary  for  them, 
to  procure  the  assistance  of   clever   men   of 
business.    ([l>em.]  c.  Neaer,  p.  1372,  §  81.)   And 
perhaps  it  was  intended  that  the  wdptZpoi  should 
not  only  assist,  but  in  some  measure  check  and 
control  the   power  of  their  principals.    They 
are  spoken  of  as  being  fiofiBol^  oi^/i^vAsi  sol 
^^AoKff.     Stephanus  is  accused  of  buying  his 
place  of  the  "Apx^i^  BofftK^is  (c,  Neaer,  p.  1369, 
§  72).     It  was  usual  to  choose  relations  and 
friends  to  be  assessors ;  but  they  might  at  any 
time  be  dismissed,  at  least  for  good  caose  {i. 
p.    1373,   §   84).      The  Thesmothetae  had  no 
assessors:    if   they   chose    to    have   unoffidid 
advisers    (iT&fifiovKoi)  as   in  [Dem.1  c   Theoo, 
p.  1330,  §  27,  it  was  their  own  private  affiur, 
and    had    no   state   recognition.     (Sch5iQsnn. 
Antiq,  of  Greece,  p.  413.)    The  office  of  WfM- 


PARENGBAPTOI 
9fas  waa  ctUed  va^«8pia,  and  to  exercise  it 

Eadi  of  the  Hellenotamiae  had  a  wdptipos  to 
tntit  him  (C.  /.  it  i.  180-183 ) :  for  the  assessors 
of  the  cMmi,  see  Euthtne,  Vol.  I.  p.  763  6.  (Gil- 
hert,  Staataakerikihnerf  i.  p.  240  ff. ;  Boeckh,  op. 
oi<.;SehaiiiaBn,op.  ci<.)    (C.R.K.]    [0.  £.  M.] 

PARENGBAPTOI  (wapiyypcarTOi,  Aeschin. 
F.l.f  177,  or  nn^yypa^t,  Philoch.  /r.  90)  is 
the  term  applied  to  those  who  had  their  names 
caniled  in  the    register   of   citizens  without 
beiag  snch  either  by  birth  or  special  grant 
(^ci  or  >syig)L    Sach  a  one  was  liable  to  a 
ypmpii  {cyCai  which  any  Athenian  citisen  might 
tistitnte  against  hinr;  and  if  condemned,  his 
person  and  property  was  forfeited  to  the  state 
aad  he  waa  sold  for  a  slave  (Dem.  Epi$t,  iii. 
PL  1481,  f   28;   Schol.  on  c.  Timocr,  p.  741, 
§  131)  [Xsma  Graphe],  or  he  might  be  pro- 
ceeded   against     by    fifffyytAia   (Dinarch,    c. 
Agasid. :  ct  Hyper,  pro  Eux»  o.  19 ;  Dinarch. 
c  PyfA  etc).    Moreover  the  ZmiUrrai  might  by 
their  Sio^r^^urir  eject    any   person    who    was 
iUegally  enzolled  among  them.    If  he  acquiesced 
in  the  Teitlict,  his  name  was  simply  struck 
ftook  the  register,  and  he  himself  was  degraded 
to  the  rank  of  an  alien ;  if  he  did  not  acquiesce, 
bat  appealed  to  a  court  of  dicasts,  a  heavier 
pani4iaient   awaited  him  if  the  dicasts    con- 
firmed the  decision  of  the  Sqfi^ox :  he  was  sold 
ss  a  slave,  and  his  property  confiscated  by  the 
state  (Dem.  c.  EybiU.  p.  1317,  §  60  f. ;  Isae.  pro 
EMpki.  f  11,  and  orgHm,).     [Diafsephxsis.] 
Plotarch  (^Periot,  37)  savs  that  in  consequence 
•f  a  law  of  Pericles,  when  the  Egyptian  king 
Psammetachus  sent  grain  to  Athens  as  a  present, 
proceedings  were  taken  against  the  r69oty  and 
t^  nearly   5,000  were    sold    as  slaves.      In 
Daneker's  opinion  {Ber,  H,  d.  8Uz.  d,   BerL 
Mid,  1883,   p.  9.H5  KszAbhandl.  a.  d,  Qriech, 
<f«scA.  p.  124  ff.)  this  Peridean  law  is  a  mere 
mreation  of  the  rhetors,  and  was  confounded 
with  Pericles*  proposal  of  a  Sicnfr^^M'is  (Muller- 
Strabing,   Ariioph,   u.   d,  hist.  Kni.  p.   89), 
^ceasioiMid  by  the  distribution  of  grain  sent 
from  Egypt,    when   4760  were    found    to    be 
frtndulentiy  enrolled  as  citizens  (Philoch.  /r. 
^=schoL   Aristoph.    Vesp,  718).      As  stated 
above,  not  all  persona  struck  off  the  registers 
«ere  sold  as  slaves,  but  only  those  who  un- 
^aoccssfally   appealed  to  a  court    of   dicasts; 
Waoe  Plutarch's  statement  cannot  possibly  be 
<WRct.    The  larger  number  does  not  allow  us 
t»  think  of  7pa^  |fy^  (as  Philippi,  Beitr,  jr. 
Qack,  d,  AtL  BOrgerr.  p.  34  ff.,  suggests) ;   and 
apposing  that  a  Sia^f^urir  was  instituted,  it  is 
iscoDceivable  that  so  large  a  number  should 
bsve  appealed  unsuccessfully  to    the    courts. 
The  idea  of  such  a  large  number  of  persons 
bsviag  been  struck  off  the  registers  is  probably 
'ioe  to  the  following   calculation: — The  total 
wunber  of  citizens  was  taken  at  19,000 ;  accord- 
isg  to  Philochorus,  14,240  citizens  received  a 
Asie  of  the  grain :  thus  4,760  remained  over 
vho  were   looked  upon  as  vapiyypa^i.    Yet 
U,240  does  not  represent  the  total  of  citizens 
tW  remained  after  the  Sicnf^Knt  (Frankel, 
itt.  (r€9chworenger.  p.   3   ff.),    but    only    the 
ssiaber  of  those  who  received  the  grain,  and 
the   4,760    includes     not    only    the    spurious 
Qtizcas,  but  also  all   those   citizens  who  for 
i^sMBs  of  their  own  did  not  apply  for  a  share 


PABI£S 


345 


(Busolt,  Griech,  Qesoh.  iL  p.  574  ff.).  The  term 
Tape KTypo^^t  ittni  (Plut.  Amator,  l.'l,  p.  756  D) 
is  not  Attic.  {Att,  Process,  ed.  Lipsius,  p.  438  ff., 
1030  f.)  [C.R.K.]    [H.  H.] 

PABENTA'LIA.    [Funu8.] 

PA'BIES  (roixof),  the  wall  of  a  roofed  build- 
ing, in  contradistinction  to  Mubub  (rcixoi),  a 
fence  wall,  and  maceriaj  the  wall  of  a  small  en- 
closure, such  as  a  garden  or  courtyard.  For  the 
methods  of  construction  of  the  more  solid  sorts 
o(parietes,b9e  MuBUS. 

The  wall  of  the  primitive  huts,  used  by  many 
races  at  an  early  stage  of  development,  were 
formed  of  wattled  osiers  daubed  with  clay  {poariea 
cnOitiusy  (See  Crates:  also  cf.  Festus,  s.  ▼. 
soUa;  Pliny,  H,  N.  xxxv.  §  169;  Vitruv.  ii.  1 ;  and 
Ovid,  Fast,  iii.  183  and  vi.  261.)  In  later  times 
thin  party-wails  were  sometimes  made  of  wood 
framing  covered  with  i-eeds,  and  then  stuccoed, 
like  a  modem  lath-and-plaster  partition.  Walls 
of  sun-dried  bricks  {paries  laterititu)  have  been 
mentioned  under  Mubub:  a  variety  of  thia 
method,  used  for  humbler  purposes,  was  to 
make  the  wall  in  one  mass  of  beaten  earth, 
paries  fomutcetts :  see  Fobma.  In  some  districts 
where  timber  was  plentiful,  log  houses  were 
built:  very  curious  representations  of  these 
structures  occur,  carved  in  stone,  in  many  of 
the  tombs  of  Lycia  and  Lydia:  cf.  Herod,  iv. 
108 ;  and  Viturv.  ii.  1  and  9.  Many  of  these 
show  carpentry  of  the  most  elaborate  and  skilful 
kind,  with  long  carefully  formed  tenons,  passing 
through  the  mortises  and  secured  by  wooden 
pins  or  wedges.  Even  under  the  Roman  Empire 
wood  was  very  largely  used  for  the  upper  stories 
of  houses,  which  were  frequently  built  project- 
ing over  the  ground-floor,  like  a  mediaevsi  half- 
timbered  structure.  Many  examples  of  this 
have  been  traced  at  Pompeii,  though  in  most 
cases  the  charred  beams  &11  to  pieces  as  soon  as 
they  are  exposed  to  air.  In  one  instance,  how- 
ever, it  has  been  possible  to  prop  up  and  preserve 
an  example  of  this  overhanging  upper  story,— 
tahulaius  or  maetUanufn  pensile.  The  metro- 
politan building  acts  of  Nero,  Trajan,  and  other 
emperors  were  specially  framed  so  as  to  prevent 
the  use  of  these  highly  combustible  structures 
in  the  city  of  Rome,  where  constant  fires  com- 
mitted the  most  fearful  devastation  (Suet. 
Nero,  38 ;  Aur.  Victor,  Epit.  13 ;  and  Vitruv. 
ii.  8). 

The  paries  soiidus  was  a  wall  unbroken  by 
openings  for  doors  or  windows :  as  in  modem 
language,  it  was  also  called  <*  a  blind  wall " 
(Verg.  Jien.  v.  589).  The  •paries  communis  was 
the  party-wall  common  to  two  houses  (Ovid, 
Met,  iv.  66) :  the  icowhs  roTxos  of  Thucyd.  ii.  3. 
The  party-wall  was  also  called  intergerinus  or 
inUrgerivus  (see  Festus,  s.  o. ;  and  Plin.  H.  N. 
xxxv.  §  173);  and  in  Greek  /icir^oixof  or 
fittrdroixor  (Athen.  vii.  p.  281,  and  Ephes.  ii. 
14).  Cross  walls  for  separating  the  rooms  of 
a  house  were  called  parietes  directi,  Cicero 
i^Topica,  4)  distinguishes  four  kinds  of  wall — 
the  paries  soiidus  as  opposed  to  the  panes /om^- 
oatus,  a  wall  pierced  with  arches;  and  the 
oommimis  or  party-wall  as  distinguished  from 
the  diredus  or  private-room  wall. 

The  decoration  of  the  paries  was  very  varied 
and  elaborate :  for  painting  and  mosaic,  both  of 
which  were  very  largely  used  for  Roman  mural 
decoration,  see  PieruBA:   cf.  also  Donus  and 


346 


PARIES 


FABIE8 


MUBCS,  and  Encyc,  Brit  s.  t.  ^  Mural  Decora-t 
tion." 

Stucco  (fipua  tectorium)  was  very  largely  nted 
by  the  Romana,  both  for  exterior  and  istemal 
walls.  Great  care  and  skill  were  expended  in 
producing  a  hard  durable  subatance,  quite  unlike 
the  soft  friable  material  which  we  now  call 
stucco.  Vitruyius  (yii.  2-6)  gires  an  elaborate 
description  of  the  rorious  methods  of  preparing 
and  applying  stucco:  as  Pliny*s  remarks  on  this 
subject  are  copied  from  Yitrurius,  it  is  needless 
to  refer  to  what  he  says  about  it.  Existing 
examples  agree  closely  with  Vitmyius'  adyiee. 
For  internal  work,  three  to  fiye  coats  of  stucco 
were  laid  on.  If  the  wall  .were  thought  likely- 
to  be  damp,  it  was  often  covered  with  flanged 
tiles,  fixed  with  iron  T-shaped  cramps  (Vitruy. 
TiL  4).  Many  examples  of  thia  have  been  found 
in  Rome.  ■  Tkie  first  coat  was  of  lime  and  ooaxae 
poxxolana  (lapta  Putrafantis),  exactly  like  the. 
mortar  used  in  the  joints  of  brick  facings.  Oyer 
this,  another  rough  coat  was  spread,  frequently 
composed  of  lime,  sand,  and  pounded  pottery 
{Usiae  tunsae),  which  set  as  hard  as  rock,  and 
was  impenrioos  to  moisture.  The  third .  coat 
was  of  lime  and  coarsely  pounded  marble ;  the 
finishing  coat  was  of  pure  white  lime  or  gypsum, 
mixed  with  marble  ground  to  an  impalpable 
powder,  which  usually  had  some  glutinous  sub- 
stance, size  made  of  parchment  or  tree-sap, 
mixed  with  it.  The  earlier  coats  were  mixed 
with  water  only.  In  some  cases  one  or  more 
intermediate  coats  of  umilar  oomposHion  were 
added,  the  composition  always  growing  finer  in 
grain  as  it  approached  the  surface.  The  finished 
surface  of  this  stucco  set  to  a  yery  hard  con- 
sistency, and  had  a  beautiful  iyory-like  texture, 
capable  of  receiying  a  high  degree  of  mechanieal 
polish.  The  final  coats  were  called  cpvt  al* 
barium  or  ooimaitum  marmoreum  (Vitruy.  yii. 
16> 

For  external  work,  the  same  beautiful  marble 
cement  was  used,  but  aaa  rule  with  fewer  under- 
coats. A  wall  so  treated  was  called  pariei  de^ 
tUbaiua.  Brick  and  concrete  boildings  were  in 
this  way  made  to  look  like  white  marble,  and 
the  deception  was  increased  by  the  common 
Roman  custom  of  forming  incised  lines  in  the 
stucco,  so  as  to  imitate  the  joints  of  the  blocks 
of  a  solid  marble  wall.  The  application  of  the 
coats  of  stucco  (truUissatiol)  was  managed  by  a 
small  square  board  at  the  end  of  a  long  handle, 
just  like  the  modem  plasterer's  **  float."  This 
is  shown  in  a  painting  from  Pompeii  represent- 
ing a  plasterer  at  work  (see  Ann,  Ingt.  Arch, 
Bom,f  yol.  for  1881).  The  use  of  iron.or  bronze 
nails  and  marble  plugs  to  form  a  *^  key  "  for  the 
stucco  is  mentioned  in  the  article  Muacs  (see 
also  Middleton,  Amnent  Bome^  pp.  36  and  412 
S0g.).  Reliefs  modelled  in  this  fine  stucco  were 
yery  largely  used  by  the  Ronums  as  a  decoration 
for  their  walls  and  vaults.  Some  examples  of 
extraordinary  beauty  were  recently  discovered 
in  a  house  in  the  Pamesina  gardens  by  the 
Tiber,  and  then  destroyed  by  the  works  carried 
on  during  the  formation  of  the  new  river 
embankment  in  Rome.  These  reliefs,  which 
dated  early  in  the  first  century  A.D.,  were 
modelled  with  marvellous  spirit  and  refined 
taste,  executed  rapidly  by  the  artist  in  the 
quicic-setting  wet  stucco,  which  he  applied  in 
lumps  to  the  flat  plaster  ground,  and  then 


rapidly,  before  it  had  time  to  harden,  moulded 
the  figures  into  shape  with  his  fingers  sod 
thumb,  aided  by  a  few  simple  wooden  tools. 
The  decision  and  unerring  skill  with  which  every 
touch  on  the  wet  stucco  was  applied  is  most 
admirable,  and  the  result  is  that  an  amount  of 
vigour  and  life  appears  in  these  haatily-exeented 
r^fs,  such  as  could  hardly^  have  been  equalled 
by  the  slower  process  of  chiselling  a  hard  svb- 
stance.  The  only  guide  which  the  acolptor  had 
to  help  htm  was  a  mere  sketch  in  outline,  incised 
on  the  flat  background,  on  to  which  he  was  ap- 
plying the  reliefs.  Scenes  of  very  gieat  beaotr 
occur  among  these  reliefs:  many  are  Dionysiac, 
with  iauns  and  nymphs  playing  And  singing. 
Some  figures  of  winged  Victories  are  marvds  of 
delicate  grace  in  their  pose,  floating  ligktlj 
on  large  winga,  with  their  onwmd  movement 
skilfully  indioted  .by  the  flowing  curves  of  the 
drapery.  The  modelling  of.  the  nude  is  very 
skilful,  showing  complete  knowledge  of  the 
human  form :  the  play  of  the  muscles  under  the 
supple  skin  being  rendered  with  perfect  teste, 
free  from  any  of  the  uaual  Roman  exaggeration. 
These  reliefs^  and  others  of  the  same  aass^  are 
of  pure  Hellenic  style,  and  most  probably  were 
executed  by  Greek  workmen  ;  in  fact,  one  Greek 
artist  had  signed  his  name  Scieukot  on  the  wallt 
of  the  Famesina  house,  and  other  Greek  artisu* 
names  occur  in  similar  cases.  Mouldings  ot' 
elaborate  character  were  formed  in  the  marble 
cement  by  the  use  of  long  wooden  stamps,  the 
work  being  finally  touched  up  with  the  modelling 
tooL  -  Not  only  comicea  of  rooms  were  made  io 
thia  way,  but  very  ofien  the  whole  wall-surface 
was  divided  up  into  panels  framed  with  enriched 
mouldings-^the  central  space  being  decorated 
by  figure  reliefs  or  by  painting  on  the  flat. 
Gold,  silver,  and  colours,  of  all  kinds  were  used 
to  increase  the  decorative  effect  of  the  reliefs, 
which  seem  very  rarely,  if  ever,  to  have  beeo 
lea  white. 

The  use  of  marble  for  decorative  purposes  in 
Rome  did  not  begin  before  the  first  centnry  B.C. 
Its  introduction,  especially  into  private  houses, 
was  at  first  regarded  as  a  thing  savouring  of 
Greek  luxury  and  unbecoming   the  stem  re- 
publican  simplicity  of  a.  Roman  citizen.    The 
earliest  example  of  the  use  of  thin  marUc  wall- 
linings  {crmtae),  according  to  Cornelius  5epos, 
quoted  by  Pliny,  K.  N,  zxxvi.  §  48^  was  in  the 
house  of  a  knight  named   Mamunra,  one  of 
Caesar's  oflidala  in  Gaul.    A  few  years  Ister, 
marble  became  vefy  common,  in  the  reign  of 
Augustus,  who  did  all  he  could  to  make  Rome 
magnificent  (Suet.  Awf,  29) ;  and  all  throughont 
the  imperial  period  immense  quantitiss  of  the 
most  varied  coloured  marbles  were  poured  into 
Rome  from  countless  quarries  in  Northern  Afrios, 
Greece,  Asia  Minor,  Arabia,  aud  other  countries. 
Immense  wall«-sur faces  were  covered  with  costly 
marbles,  and  in  some  cases  even  by  the  hard 
basalts  which  only  diamond  or  corundum  could 
work.    The  usual  scheme  was  to  have  a  moulded 
plinth,  a  dado  above  that,  and  at  the  top  of  the 
wall  a  richly-moulded  cornice ;  marbles  of  dif- 
ferent colours  being  used  for  all  the  various  parts. 
The  main  surface,  between  the  dado  and  the 
cornice,  was  often  divided  into  panels  of  different 
coloured  marbles,  each  panel  being  framed  with 
a  moulded  strip,  projecting  in  front  of  the  general 
surface  like  the  frame  of  a  pictursL     These 


FABILIA. 


347 


mirblt  Ijitiogiircrc  Gicd  with  gnat  can.  Thcf 
trst  lacked  with  >  thick  cuting  o(  cement  or 
[iir<rtii,  mufe  of  lima  uid  poiiulaaa,  and  enL-h 
pifCB  sfroarbte  wu  then  tied  to  the  wM  behind 
bi  iDDg  hook-likt  clmmpa  of  iroD  or  broiti*,  the 
ait  being  ran  with  melted  lead,  or  wedged  into 
jaetaof  the  brick  f*eiDg  of  the  well.  Eitn- 
•triiBirj  ikill  wu  ihoWB  bj  the  aitnme  thlDDeis 
la  which  Dunf  of  tbeie  marble  ilah*  were  uwn. 
Tbij  wu  done  with  iron  nwi  and  HUid  and 
■Iter,  or,  in  the  cue  of  the  herder  marble*,  with 
mnj  rrom  Huoe  [eee  Plinj,  H.  X.  iiirl.  $  SI). 
Tlif  oM  of  jewel-tipped  drilU,  both  nlid  and 
lebiiar,  wu  latrodnoed  iDlo  Rome  from  Egf  pt, 
liois  with  the  Egyptian  fnnitee  and  bualte 
tinhiBj,B.X.  iiiTii.§  200).  The  Temple  of 
>.'.Acord  ind  the  Hodw  of  the  VeaUlg  in  Rome 
itiU  hare  on  their  welli  well-preaeTved  eiamplea 
crtheee  elaborate  lining*.  A  lilt  of  the  variona 
■ruinental  marblu  need  for  the  walli  of  Rome 
u  pna  hi  UiddletoD,  Ancitnt  Some,  pp.  13-19 
lad  p.  39.    The  annexed  woodcBt  thowi  the 


Bb  ft(iaitheOallaoflb«Teiii|i)*of  Coocerd. 
a.  Buiiaef  FhinltB  bitM*. 

B.  rUalb  idhI&ic  of  Namldlu  fiallo. 

C.  Sbb  nf  clpol1<M>  (CiiTilkn  Batble}. 

D.  PaTlnc  oIlNjru  SiBU. 

K.F.  JTBdEuaiiilniibiiatoaanelebeddiDC. 

••  G.  Ina  cUnpi  nm  wtUi  lead  U  111  meiue  Ualnc. 

H.  BmBM  cUaip. 
J  J.  CCBKnt  b«JLhig. 

iMtbod  of  filing  the  marble  liningn  in  the 
Ttiaple  of  Concord,  which  waa  rebailt  in  the 
>ifnef  Angiutii  b^Tibertin  and  Druioi  (Snet. 
Til,.  20).  The  eUbi  need  in  thii  bnllding  and 
«iitn  of  the  eame  period  are  from  1  inch  to  1} 
adui  thick.     It  wai  not  till  later  time!  that  a 

■iiitk,  wu  lied. 

In  Italy,  where  the  qnarriea  of  Lana  iDpplied 
ulimitAt  qoantitiea  of  white  naTble,  the  wall- 
liiiaji  were  oeoallj  of  foreifa  colonred  marblei ; 
^Im  firitun  and  other  Roman  prorincn,  where 
»hil»  marble  wu  rare  or  abHOt,  we  find  it 
irotW  in  the  lame  economical  way.  At  Silchea- 
»aod  other  Roman  titei  wall-linlnga  of  whi 
"'''  '  '  "  '  nch  thick  have  been  foD 
a  make  a  great  ahow  w 


a  email  expenditure  leemi  la  hare  apeciallj  com- 
mended itsi^ir  to  the  degraded  taate  of  the 
Romana,  who  tored  ehame  of  every  kind,  and  in 
their  common  building  aaed  the  moet  iawdiT' 
and  meretriciou*  ityle  of  decoiation  that  can 
pouiblf  be  imagined.  Sham  marbling,  painted 
on  atuceoecl  walli,  wet  a  faTDui'ite  method 
of  decorating  ordinary  boaiea ;  and  even  pnhllc' 
building!  aud  templei,  not  in  Rome  itaelf, 
bat  in  the  proTincial  towns,  nich  aa  Pompdl, 
were  daubed  with  thii  traahy  atyU  of  decora- 
tion. [J.  H.  M.] 

PABI'LIA  or  PAUXIAia  f^tival  celebrated ' 
at  Rome  and  in  the  country  on  the  Slit  of  April, 
in  honour  of  I^lei.  A>  regards  the  form  of  the 
worf,  there  Ei  no  doubt  that  Purilia  ii  more 
correct  than  Palilia  {Marina  Viclorinu«,  p.  25-,. 
Prob.  orf  Verg.  0«)»7.  B,  J  ;  Calend.  Maff.;  iJAfm. 
Epigr.  iii.  7);  the  derlTalion,  howerer,  ii  not, 
u  (one  ancient  writer*  imagined,  from  panrt, 
a  parta  ptcorit,  bat  from  Palei,  the  iDbititation 
of  Parilia  for  PaKlia  being  br  "  diuimiUtioit " 
to  prerent  the  repetition  of  the  letter  I,  juat  a* 
populoni,  Ac.  are  written  iuiteaJ  of  -alii,  or  M 
ooemfciM  ia  formed  from  coelam.  (Roby,  Ltrlm 
Oratamar,  l  §  176;  Peile,  Lit.  EtyirKlog!/, 
p.  ISO;  CorMen,  Lai.  Bpraehe,  i.  80.)  The 
feitival  wu  a  Inatral  rite  at  the  opening  of 
•pring.  for  the  Initration  of  the  flocki  and  herda, 
oTer  which  Piilee  preaided.  The  21>t  of  Apnt 
waa  the  day  on  which,  according  to  tradition, 
Romulaa  began  the  bnilding  of  the  city,  and  the 
fertival  waa  therefore  alio  aolemnlaed  u  the  ditt 
nofo/ftiw  of  Rome  (Feat.  j.  c.  Parilibns  ;  Cic.  de 
Dtt.  ii.  47,  98;  Varro,  X.  S.  ii.  1 ;  Plin.  H.  If. 
iriii.  S  247  ;  I»onT>.  1.  88) ;  aud  tome  of  the' 
rilea  cnitomery  in  later  times  were  eaid  to  hare 
been  performed  by  Romuint  when  he  (iied  tha 
pemenum.  Ovid  (^Fatt.  it.  731-805}  gives  a 
deecription  of  the  rilea  of  the  Parilia,  which 
clorly  shawa  that  he  rrgnrded  it  aa  a  shepherd 
featlval,  u  it  mnst  originally  hnTc  been  when 
the  Romans  really  were  ihepherda  and  hotband- 
men,  and  still  continued  to  be  among  the  country 
people  (Dionys.  (.  c. ;  Varro,  ap.  Schal.  Pert,  i. 
72),  for  in  the  city  (taelf  it  must  have  come  to 
h«  regarded  principally  u  the  birthday  feaat  of 
Rome  (cf.  Or.  Fiat.  ir.  106> 

The  eacred  rites  were  in  old  times  direct«d  by 
the  king,  who  mad*  oBeringi  for  the  people: 
afterwards  hi*  place  wu  taken  by  the  I^intifax 
Haiimus.  The  fint  part  of  the  lOlemnlties,  u 
described  by  Ovid,  wu  a  public  pDrification  by 
fire  and  smoke.  The  thing*  bnrnt  in  order  to 
produce  this  pnrifying  amoka  were  the  blood  of 
the  Odoier-Aorse  [OcTOnea  EgoDSj  the  uhea  of 
the  calres  tacrificed  at  the  Fordicidu,  and 
bean-straw,  which  were  all  fetched  from  th* 
Atrium  Vestae.  The  people  were  alto  eprinVled 
with  water  ;  they  washed  their  hands  in  spring- 
water,  and  drank  milk  mixed  with  must.  (Orid, 
Fiat.  1. 1 ;  compare  Propert.  t.  1,  20.)  When 
lODardi  the  evening  the  shepherds  had  fed  their 
Rocke,  tanrel-brnnche*  were  need  as  brooma  for 
cleaning  the  stables,  and  for  sprinkling  water 
through  them,  and  lastly  the  atabiea  were  adorned 
with  laurel-baugh*.  Hereupon  the  ahepherda 
hnmt  anlphnr,  rotemary,  fir-wood,  and  inc«nse, 
and  made  the  smoke  pan  through  the  slabica  to 
purify  them;  the  flock*  themselTps  were  like- 
wise pnrilied  by  this  smoke.  The  ucrificei 
which   were   ofiered  on   thi*  day   eon>itl«d  of 


348 


PABMA 


PARTHEKIAE 


cakes,  millet,  and  milk.  The  shepherds  then 
offered  a  prayer  to  Pales.  After  this  heaps  of 
hay  and  straw  were  lighted,  and  the  sheep  were 
more  e£fectaally  purified  by  being  compelled  to 
run  through  the  fire,  and  the  shepherds  them- 
selves did  the  same.  The  festival  was  concluded 
by  a  feast  in  the  open  air.  (TibuU.  ii.  5,  87  ; 
compare  Propert.  r.  4,  75.) 

The  ludi  circenses  on  this  day  (mentioned  in 
the  Calendars)  were  not  properly  a  part  of  the 
Parilia,  but  were  instituted  in  honour  of  the 
battle  of  Munda,  fought  on  March  17th,  D.C.  45, 
the  news  of  which  reached  Rome  on  April  20th : 
these  games  were  discontinued  (Dio  Cass.  xly.  6), 
and,  having  been  re-institut«d  by  Hadrian,  were 
held  annually  till  the  fifth  century  (Mommsen, 
C  /.  L.  i.  391).  On  this  day  also  Hadrian 
dedicated  the  temple  of  Rome  and  Venus,  and, 
as  it  was  more  than  ever  connected  with  the 
birthday  of  the  city,  we  find  the  festival  called 
'Pmfuua  (Athenaeus,  viii.  p.  36  L  f ). 

There  is  to  this  day  in  Rome  a  ceremony  of 
blessing  the  animals  and  sprinkling  them  with 
lostral  water;  but,  though  there  is  a  certain 
resemblance,  it  would  be  an  error  to  treat  it  as 
a  survival  of  the  Parilia.  The  Christian  cere- 
mony is  on  St.  Anthony's  Day,  in  the  middle  of 
January,  nor  is  there  any  trace  of  continuity, 
such  as  has  been  noticed  in  the  case  of  the 
Lupercalia.  PL.  S.]    [6.  E.  M.] 

PABMA,  dim,  PA'BMULA  (Hor.  Carm,  ii. 
7,  10),  a  round  shield,  three  feet  in  diameter, 
carried  by  the  velUea  in  the  Roman  army.  Though 
small  compared  with  the  Clipeus,  it  was  suffi- 
ciently large  and  strong  to  be  a  very  effectual 
protection  (Polyb.  vi.  22).  This  was  probably 
owing  to  the  use  of  iron  in  its  framework.  In 
the  Pyrrhic  dance  it  was  raised  above  the  head 
and  struck  with  a  sword  so  as  to  emit  a  loud 
ringing  noise  (Claud,  de  VL  Cons.  Honor.  628). 
The  parma  was  also  worn  by  the  Equites 
(Sallust.  Frag.  Hist,  iv.);  and  for  the  sake  of 
state  and  fashion  it  was  sometimes  adorned  with 
precious        stones 

' ' "  ^  We  fi  nd  the  term 
5  panna  often  ap- 
plied to  the  target 
=  [Cetra],  which 
was  aUo  a  small 
round  shield,  and 
therefore  very 
similar  to  the 
parma  (Propert.  v. 
10,40;  Mela,  i.  5, 
§  1;  Verg.  Aon.  x. 
817).  Virgil,  in 
like  manner,  ap- 
plies the  term  to 
the  clipeus  of  the 
Palladium,  because, 
the  statue  being 
small,    the    shield 


j^sgx^isex^ 


•JLU 


■  i-L^ 


da 


was  small  in  pro- 
Parma.  (From  a  terw-cotta  relief  PO'"**®'*    i^^^    "• 
in  the  Louvre.)  175). 

The  annexed 
woodcut  shows  a  votive  parma,  suspended  in  a 
portico,  represented  on  a  terra-cotta  relief  in 
the  Louvre.  [J.  Y.]    [A.  H.  S.] 

PA'ROGHI  were  certain  people  who  were 
paid  by  the  state  to  supply  the  Roman  magis- 


trates, ambassadors,  and  other  ofiicial  persons, 
when  they  were  travelling,  with  those  neces- 
saries which  they  could  not  conveniently  carry 
with  them.  They  existed  on  all  the  principal 
stations  on  the  Roman  roads  in  Italy  and  the 
provinces,  where  persons  were  accustomed  to 
pass  the  night  But  as  manv  magistrates  fre- 
quently made  extortionate  demands  from  the 
parochi,  the  Lex  Julia  de  Repeiundis  of  Julias 
Caesar,  b.c.  59,  defined  the  thinn  which  the 
parochi  were  bound  to  supply,  of  which  hay, 
fire-wood,  salt,  and  a  certain  number  of  beds 
appear  to  have  been  the  most  important.  (Hor. 
Sat.  i.  5,  46;  Cic  ad  AH.  v.  16,  xiiL  2;  Hein- 
dorf,  ad  Hor.  /.  &;  Marquardt,  PHnatUhen^ 
199.)  [W.  S.] 

PAROPSIS.      [CATINU8.1 

PABBIOI'DA,    PABBICI'DIUH.      [Lex 
Cornelia,  Vol.  I.  p.  38 ;  Lex  Pompeia,  p.  50.] 

PABTHE'NIAIE  (vYiptfcyOu)  are,  according 
to  the  literal  meaning  of  the  word,  children 
born  from  unmarried  women  {irapBiwun,  Horn.  H, 
xvi.  180).     The  partheniae,  as  a  distinct  cLiss  of 
citizens,  appear  at  Sparta  after  the  first  Mes- 
senian  war  and  in  connexion  with  the  foundation 
of  Tarentum ;  but  the  legends  as  to  who  they 
were  differ  from  one  another.     Hesychius  stp 
that  they  were  the  children  of  Spartan  citizens 
and   female  slaves;   Antiochns  (op.  Strab.  vi. 
p.  278)  states  that  they  were  the  sons  of  those 
Spartans  who  took  no  part  in  the  war  again»t 
the  Messenians.      These  Spartans   were  made 
Helots,  and  their  children  were  called  parthenise, 
and  declared  ftriftoi.     When  they  grew  up,  and 
were  unable  to  bear  their  degrading  position  st 
home,  they  emigrated,  and  became  the  founders 
of  Tarentum.     Hphorus  (ap.  Strab.  vL  p.  279X 
again,  related  the  story  in  a  different  manner. 
VVhen  the  Messenian  war  had  lasted  for  a  con- 
siderable number  of  years,  the  Spartan  women 
sent  an  embassy  to  the  camp  of  their  husbands, 
complained  of  their  long  absence,  and  stated 
that  the  republic  would  suffer  for  want  of  sn 
increase  in  the  number  of  citizens  if  the  wsr 
should  continue  much  longer.     Their  husbands, 
who  were  bound  by  an  oath  not  to  leare  Che 
field  until  the  Messenians  were  conquered,  lent 
home  all  the  young  men  in  the  camp,  who  were 
not  bound  by  that  oath,  that  they  might  cohabit 
with  the  maidens  at  Sparta.    The  children  thos 
produced    were    called    partheniae.      On   the 
return   of  the  Spartans  from  Messenia,  these 
partheniae  were   not  treated  as  citizens,  snd 
accordingly  united  with  the  Helots  to  wage  war 
against  the  Spartans.     But  when  this  plan  wss 
found  impracticable,  they  emigrated  and  founded 
the  colony  of  Tarentum.    (Compare  Theopomp. 
op.  Athen.  vi.  p.  271 ;  Epbunactae.)    Modem 
writers  have  differed  in  their  preference  for  one 
or  other  of  these  accounts.     Grote  prefen  to 
follow  Antiochus,   while    Gilbert    gives   more 
weight  to  the  narrative  of  Ephorus,  remarking 
with   truth  that   the  action  of  the  husbands, 
shocking   to  our   ideas,   would   be  less   so  to 
Spartans  of  that  age  (see  Matbimoniux,  p.  132). 
No  doubt,  as  he  says,  Ephorus  stands  higher  ss 
an  authority  than  Antiochus;  but,  in  dealiof: 
with  an  ancient  tradition,  this  does  not  go  for 
much.    Aristotle  {Pol.  vui.  7),  who  is  s  better 
authority  than  either,  does  not  enter  into  the 
circumstances  of  the  birth  of  the  partheniae  at 
all.    His  statement,  however,  that  they  were 


PASCUA  PUBLICA 


PATERA 


340 


lorn  im  rSm  6^coW  would  lead  vs  to  reject 
Antiochas't  Ttniou ;  but,  on  the  other  hand,  it 
faronn  the  simpler  story  of  Hesychiaa  rather 
than  that  of  Ephonu.  It  may  be  added  that 
the  aomewhat  similar  acconnt  of  degrading 
marriage  in  the  colonists  of  Locri  Epizephyrii 
(Polyb.  zii.  5)  might  incline  us  to  snspect  the 
tiaditions.  Thus  much  seems  certain  that  the 
partheniae  at  Sparta,  whether  illegitimate  or 
not,  were  debarred  from  the  rights  of  fiiU 
dtitcns,  probably  from  the  land-portions,  by 
tlie  ezclnsire  Spartiatae,  and,  as  they  formed  a 
dangerous  faction,  were  forced  into  an  emigra- 
tioo,  which  proved  suooeasful  and  of  con- 
sderaUe  historical  importance.  (See  Histories 
of  Oreeot:  Thirl  wall,  i.  p.  332;  Grote,  iii. 
p^  519;  Curtins,  i.  218,  £.  T. ;— Schomann, 
SmtiqmUety  p.  200;  GUbert,  Slaatsalterthiimer^ 
119.)  [L.S.]    [0.  E.M.] 

PA'SCUA  PU'BLICA.    [Scripturi.] 

PAS8U8  (from  /xmdo),  a  measure  of  length, 
which  ffmsisted  of  fire  Roman  feet.  (Colnm. 
T.  1 ;  ViimT.  z.  14.)  [Mbnsura.]  The  pastw 
was  not  the  single  step  (gradus),  but  the 
double  atep;  or,  more  exactly,  it  was  not  the 
distance  from  heel  to  heel,  when  the  feet  were  at 
their  otmost  oidinaiy  extension,  but  the  distance 
from  the  point  which  the  heel  leares  to  that  in 
which  it  is  set  down.  The  milk  paasmmif  or 
thoosand  paces,  was  the  common  name  of  the 
Roman  mile.  [Milxjare.]  In  connecting  the 
Greek  and  Roman  measures,  the  word  pastua 
WIS  sometimes  applied  to  the  extenaion  of  the 
arms, — ^that  is,  the  Greek  Ipyvtd,  which,  how- 
erer,  differed  £rom  the  true  pasnu  by  half  a 
foot ;  and,  oouTersely,  the  gradus  was  oUled  by 
Greek  writers  3^/ib,  or  rh  $^im  th  kttXow^  and 
the  poMmtM  Th  ff^fJM  rh  SnrAoib^.  [P.  S.] 

PAfiniiLUS,  PABTILLUH,  strictly  a 
small  round  cake  of  fine  meal  (Plin.  J7.  N.  xviii. 
S  102Xused  in  sacrificial  offerings  (Fest.  p.  250). 
Pectus  (p.  222)  takes  it  to  be  a  diminutive  of 
foUs.  For  the  making  of  these  there  was  a 
SuUd  9tpaMlari%  (C.  /.  X.  ri.  9765,  9766).  In 
the  mancoline  form  the  word  was  used  for  small 
round  losenges  (rooxf^oiX  compounded  from 
kerbs  or  fruits,  and  usied  for  medicines  (Plin.  xx. 
S  3)  or  sweetmeats  (Id.  xU.  §  131);  and 
especially  scented  losenges  of  aromatic  herbs, 
eaten  to  make  the  breath  sweet.  (Hor.  Sat, 
L  2,  27;  L  4,  92;— Mart.  i.  87;  Becker- 
6511,  GaUwtj  iii.  367;  Blumner,  Technologies 
i.  86.)  [G.  E.  M.] 

PASTOTHORI  were  Egyptian  priests,  so 

called  because  they  carried  in  processions  small 

ikriaes  (wsvtoI)  of  their  deity.    They  formed  an 

inferior  order  of  the  priesthood:  according  to 

Dwdorus   (i.  29),   the   Egyptian    Upus  oorre- 

spooded  in  rank  to  the  Eumolpidae,  the  wa<rro- 

Pipei  of  Isis  to  the  mhpwcei  of  the  Eleusinian 

wonhip.    They  were  introduced  into  Italy  along 

with  the  worship  of  Isis,  and  formed  into  collegia 

ia   various    towns.     Apuleius    {Met,  xi.   17X 

•peiki&g  ef  pastophori,  says,  '*  quod  sacrosancti 

collcgii  nomen  est."    In  an  inscription  (C  /.  L, 

V.  2806)  the  tablet  seems  to  be  dedicated  by  a 

**  perpetuus   saoerdos    Isidis    Augustas   pasto- 

phorus;"  and  in  another  ((7.  J,  L,  t.  7468) 

we  have  a  tablet  of  Industria  in  the  plain  of 

tkc  Po,  dedicated  to  their  patronus,  the  Curator 

calcndsrii  in  that  town,  by  the  **  Collegium 

hstophonun  Industriensium.'*    Their  lodgings, 


attached  to  the  temple  which  they  served, 
were  called  Twrro^ptov,  whence  this  name 
was  sometimes  given  by  the  LXX.  and  by 
Josephus  to  the  priests'  apartments  attached 
to  the  Jewish  temple.  (Jer.  xxv.  4  ;  Joseph. 
B,  J.  iv.  12.)  [J.  Y.]    [G.  E.  M.] 

PATELLA  (XcicdyioF,  Kwwis,  Xcirar(8ioy^ 
Xffcoy/crici),  AowdSior),  a  small  dish  or  plate. 
The  word  is  a  diminutive  of  Patina  :  a  sup- 
posed connexion  with  patera  has  been  a  source 
of  error  to  some  writers  [Patkra].  1.  The 
patella  was  used  for  holding  solid  food,  meat  or 
vegetables,  either  in  oooking  (Plin.  H,  N,  xix. 
§171,  XXX.  §  68),  or  for  serving  up  at  table 
(Hor.  Ep.  i.  5,  2;  Mart.  v.  78,  xiii.  81 ;  Jut. 
V.  85).  It  was  usually  of  earthenware  (Mart. 
xiT.  114),  but  sometimes  of  metal  (Jut.  x.  64). 
Marquardt  {Privaileben,  p.  651)  takes  the  patella 
used  for  oooking  to  be  identical  with  the 
aartago:  it  seems  more  probable  that,  thoucrb 
of  the  same  flat  shape,  it  was  smaller.  [For  the 
deeper  cooking  Teasels,  see  Aenum,  Lbbeb, 
Olla.]  2.  The  patella  was  also  a  sacred  Tessel 
of  the  same  shape  as  the  ordinary  patella,  but 
resenred  for  domestic  sacred  rites,  especially  for 
the  offering  of  food  to  the  Lares,  lances  being 
used  when  a  larger  dish  was  needed  [Lanx]. 
Hence  it  is  called  aUtrix  foci  {Fen,  iii.  26 ;  cf. 
Or.  Fiut  Ti.  310) ;  and  hence,  too,  sTery  house- 
hold ought  to  haTe  one  kept  solely  for  religious 
uses,  and  Cicero  {de  Fin,  ii.  7,  22)  notes  it  as  a 
mark  of  profanity,  ^  ut  edint  de  patella,"  mean* 
ing  of  course  the  patella  osed  for  offerings. 
This  sacred  dbh  was,  if  possible,  of  silTer ;  cTen 
in  comparatiTely  poor  households  it  was  cus- 
tomary to  haTe  at  least  a  patella,  patera, 
salinum,  and  censer  of  siWer  (Cic.  Verr,  It.  21, 
46);  and  in  li.a  410,  as  is  mentioned  by  Lit. 
xxtI.  36,  in  the  general  contribution  of  silTer 
plate,  it  was  proTided  that  the  householder 
should  retain  a  salinum  and  patella  of  siWer 
"deorum  causa"  (cf.  Plin.  ff,  N.  xxx.  §  153; 
Val.  Max.  It.  4,  3 ;  Marquardt,  PrivaU.  p.  318). 
Of  this  offering  V arro  says,  '*  Quocirca  oportet 
bonum  ciTem  legibus  parere  et  decs  colore,  in 
patellam  dare  fuicp^F  ttpias  "  [see  further  under 
Larariith],  and  the  Lares  are  thence  called  by 
Plautuspate/ftirM  dii  {Cist  ii.  1,46).  [G.  E.  M.l 
PATEB  FAMILLAK  [Patria  Potettas.] 
PATEE  PATEATU8.  [Fetiales.] 
PA'TEBA  (^idXn),  a  round  shallow  Tessel 
like  a  large  saucer,  but  somewhat  deeper  than 
our  ordinary  saucer.  Varro  (Z.  X.  t.  122)  and 
Macrobius  {Sat,  t.  21)  deriTe  its  name  from  its 
flat,  expanded  shape  ('*  planum  ac  patens  ").  It 
had  neither  the  foot  and  stem  nor  the  two 
handles  which  belonged  to  the  cylix  [Calix; 
Vas].  It  must  be  obserTed  that  idike  in  sacred 
and  common  use  it  served  only  for  liquids,  and 
those  writers  who  haTe  described  it  as  also  used 
for  solids  haTe  confounded  it  with  pateUa,  which 
they  haTe  erroneously  taken  to  be  a  diminutiTc 
of  patera.  Another  error  to  be  aToided  is  the 
confusion  of  the  Homeric  ^idXi}  with  the  later 
^mUi?,   which  was  identical    with   the    Latin 

Eitera.  As  Curtius  points  out  {Etym.  498),  the 
omeric  ^idAiy  was  not  used  for  drinking,  but 
as  a  kind  of  smaller  \4fifis  or  kettle,  which 
could  be  placed  on  the  fire  (whence  the  epithet 
iar^pmros  for  a  new  ^mUi},  /7.  xxiii.  270),  and 
also  as  an  urn  for  a^es.  Aristarchus  teaches 
this  in  the  words  6ti  ^idXi^r  (of  Homer)  ob  rh 


350 


PATEBA 


^ir^oAsr.  From  thnc  wordi  mnd  rnm  iti  uk 
in  Hamer  we  mij  conclndu  thmt,  though  ihal- 
lowei  thui  tha  A^fii)i  siid  probablj  nniUcr,  it 
vas  itill  ■  dwp  Ttaaet  anil  not  af  Ihit  wnccr 
ihKpe  '  which  beloop  to  the  ftmiliar  pattrs. 
The  epithet  itiplBtroi  of  the  Homrric  f  i^q  was 
■  puiile  to  Atheuaeui,  a  MlutioD  of  which  can- 
iiDt  now  be  giren  with  confideDos.  It  it  not 
pouibla  in  etymology  to  accept  the  view  that  it 
meaiu  raund,  nor  the  inggeBtton  of  Atiienaeiu 
himMlf  tbatJt  may  mean  "eTcallentlj  made." 
We  are  left  with  the  view  of  Ariitarcbue  that  it 
wai  a  Tcuel  irhioh  could  atand  on.  eitlier.  end. 
Heyne  andentsndi  thii  to  mean  a  double  cup  of 
the  hour-glaH  or  dica-boi  ihape  :  more  probably 
it  wai  lo  called  becauae,  whereai  the  ordinary 
Homeric  \dBvi  wu  rounded  at  the  bottom  eo 
that,  if  otherwiu  uninpparted,  it  cenid  only 
■land  inveited,  the  Homeric  fiiUq  bad  a  flat 
Iwttoin,  uid  could  stand  either  way  (for  the 
diicuuion,  Me  Athen.  li.  p.  501). 

The   poit-Homeric  9>ui|    nai   of  the  ihape 
deecrlbed  at  the  beginning   of  tbil  article;    it 

nerer  had  a  handle  (differ 

from  ona  form  of  the  Jtalii 


niplei  give 


belov,  a  low  h 


which 


lobi  or  inpport*, 
were  called   iripiyaXiii:  the  ^^q  with  these 
liDohi  at  the  bottom  waa  trailed  ^oAatwrl)  or 
■opiwni  (Athen.  li.  502  b),  the    iinobi    being 


in  ficLUu  and  paterae  waa  the 
JI^i^oi.  Tiiit  was  a  hollow  bou  in  the  centre 
«f  the  interior  or  npper  aide,  u  ihowo  in  the 
.  woodcut.    AtbeEiBeDS  dbtiagniihei  fiikai  i/ipa- 


AbtoI,  and  giTes  an  equivalent  Dame  ^ari. 
The  fidAi)  or  patera  was  uiualiy  held  in  the 
flat  of  the  hand  (though  not  always,  as  may  be 
seen  in  the  lamoai  Soaiaa-cylii,  Baumeiater, 
Tnf.  icii.),  and  it  is  easy  to  understand  that  the 
iM^aAoi  gave  a  better  hold,  the  fineen  catching 
in  the  hollow  of  the  bou  Dndemeath.  The 
material  was  either  earthenware  or  metal, 
bronze,  aiWer  and  gold  (ipyvpU  and  xp""^')'- 
the  piiJioi  In  Plat.  Cril.  120  A  are  of  gold. 
(Examples  of  gold  and  ailrer  paterae  (band  in 
Cyprus  are  giren  in  Cesnols,  pp.  .116,  337.) 
The  fii\ri  of  poit-Homeric  times  was  used  for 
drinking  (Plat.  Symp.  223  0;  Find.  Xfm.  ii. 
121),  nnd  so  classed  among  JinrdfuiTa  (Herod. 
li.  BO) ;  bat  ita  most  characteriitic  use  was  for 


PATEBA 

ponrinfrlibstiooi  (Herod.  iLlSl;  Plat.  CMt.  I.  c 

lie).  The  f^ir  for  Ubalioni,  held  bj  the 
ofGciating  person,  waa  osoally  Blled  by  u  i 
attendant  from  an  oiVs;^^ ;  in  the  passage  citpt 
from  Plato't  Cril.  the  wine  imid*  to  be  dipped  in 
the  ^li^Ti  from  the  Hpor^ 

The  utual  Italian  patera  was  identical  with 
the  *idA,i|  in  shape,  [see  SmniLOM].  One  of 
white  marble  found  at  Hadrian's  villa  ii  now 
in  the  British  Uuaeuni.  It  ii  14  inches  in 
diameter  and  1]  high.    It  it  cut  with  skill,  the 


Paten,  from  H 


■•  Tills. 


marble  being  not  much  more  than  a  qnarter  af 
an  inch  thick.  In  the  centre  ii  a  femile  bac- 
chante with  a  long  tunic  and  a  scarf  floaliDg 
over  her  head,  encircled  by  a  wreath  of  irj. 
The  decorations  indicate  a  patera  dedicated  lo 
Bacchus.  Some  paterae,  howerer,  had  one 
handle  (which  the  ^ulAq  never  had),  at  in  (he 
woodcut    beiow,    a    bronie    patera    fonnd    at 


Fs(en.froai  nmpett. 


.■eii.  Thii  seemt  to  hire  been 
Etruscan  paterae,  of  which  there  are 
in  brooie  and  terracotta  in  the  Brititb 
with  the  tingle  handle.  An  Etrotean  : 
Inghirami,  Xok.  Etna.  vi.  pi.  M,  thaws 
bringing  for  libation  the  two  TesHls,an< 


PATIBULUM 


FATBIA  POTESTAS 


351 


and  a  patera^  tlie  latter  hariiig  a  haiufle.  It  ia 
pofliibU  that  the  addition  of  the  handle  'may  he 
ao  Etmacan  inrention.  The  material  wait  often 
<mlj  earthenware  (Hor.  8ai.  ri,  116) ;  but  often 
alto  airer  (Ifart.  iii.  41,  ri.  13,  riii.  33; 
PUd.  xiztii.  $  156);  sometimes  gold  (Mart, 
nr.  95 ;  Jqt.  ▼.  39i--4n  both,  the  word  phiata 
u  used;  Verg.  Aen,  i.  729).  It  was  originally 
used  aa  a  drinking  cup  (Varro,  L,  X.  t.  122), 
but  afterwards  especially  for  libations  (Hor. 
{fd.  i  31,  2;  iT.  5,  34;— (hr.  MeL  iz.  160), 
whence  it  beoune  the  vmqne  of  the  Epulonbs, 
tkoagh  often  it  served  both  purposes,  as  in 
the  passage  cited  from  VirgiL  A  representa- 
tion of  the  libation,  from  Trajan's  Ck>lumn,  is 
gliven  under  Paenula.  [For  libations,  see 
SACRznciCM.1  £J.  Y.]    [G.  E.  M.] 

PATI'BUJLUM,  from  patere,  seems  to  have 
oiigiaally  denoted  any  beam  placed  horizontally ; 
u  the  croas-bar  of  a  door  (Titin.  ap.  Non.  p. 
366, 16X  or  of  a  trellis  for  vines  (Plin.  H.  N. 
rriL  §  212),  or  the  transverse  beam  of  the  cross 
(Cavx,  p.  568  a\  The  word,  however,  is  almost 
always  used  of  sn  instrument  of  punishment, 
and  looselj  as  an  equivalent  to  crux  or  /urea. 
According  to  Marquardi  (Privail.  183),  it  was 
a  wooden  collar  in  two  pieces,  opened  to  receive 
the  neck  of  the  culprit  and  then  closed  upon  it, 
while  his  hands  might  be  bound  or  nailed  to  its 
eztremitiea.  This,  he  admits,  is  nowhere  ex- 
pressly stated;  it  is  rather  an  inference  from 
the  etymologv  of  the  word ;  and  he  has  produced 
no  passage  which  does  not  point  more  clearly  to 
the  fwva  than  the  patibulam.  (Compare  the 
acoounta  of  the  slave  driven  through  the  Circus, 
whereby  the  gamea  were  profaned,  in  Dion.  Hal. 
Tii.  69,  aad  Plut.  CoHoi,  24.)  Others  ezplam 
the  "  opening  "  as  a  fork-shaped  pieoe  of  wood, 
such  as  was  undoubtedlv  used   for  the  same 

• 

purposes,  as  a  prop  for  vines  and  a  pillory  for 
the  necks  of  criminals  [Fukca].  It  is  scarcely 
necessary  to  prove  that  patere  is  often  applied 
to  simple  lateral  eztcnsion,  to  stretch  or  spread 
as  well  aa  to  be  open  (**  Holvetiorum  fines  . .  . 
paUbant,"  Caea.  B.  0,12;  •'qua  terra  patet," 
Or.  Met.  i.  241);  and  on  the  whole  it  seems 
likely  thnt  the  patibulum  was  a  straight  piece 
of  wood,  an  ezplanation  which  covers  all  its 
varieties  of  meaning.  [W.  W.l 

PATINA  (r^fikiap)j  a  deep  dish  used  alike 
for  cocking  (*'patinariu8,"  ttetced^  opposed  to 
'^assos,"  roatt,  Plant.  Asitk  i.  3,  27)  and  for 
•erring  up  food,  as  is  seen  from  Plant.  Pseud. 
iii.  2,  51,  whence  we  gather  also  that  it  was 
MDietimes  a  covered  dish:   probably  this  was 
generally  the  case  when  the  food  was  brought 
op  ia  the  patina  in  which  it  had  been  cooked 
(ct  Hor.  Sat.  iL  8,  43).    The  patina  was,  how- 
ever, often  the  dbh  for  serving  up  what  had 
been  cooked  in  other  vessels.    This  is  clear  from 
our    finding    silver    patinae,    e.<^.    a    **  patina 
srgentea    hederata"    (with    ivy-leaf    chasing: 
cf.  fUioatd)  in  Trebell.  Poll.  Clnud.  17,  and  the 
lAtina  of  Aesopus  valued  at  100,000  sesterces 
(Plin.    H.    H.    zzzv.   f   163).    Among    costly 
patinae  that  of  Vitellius  holds  the  first  place ; 
^  however,  from  its  material,  as  it  was  of 
^vthenware,  but  because  it  was  so  large  that  a 
special  oven  had  to  be  built  for  it  at  a  cost  of 
SQiUion  sesterces  (Plin.  /.  c;  3uet.  Vitell.  13). 

Ai\  regards  the  Greek  equivalents,  the  rp^ 
^Aiwi  perhaps  comes  nearest  in  shape  and  use 


(Aristoph.  Av,  77) :  it  was  of  earthenware  (Id. 
Eod.  252)  and  also  of  silver  (Athen.  vi.  230  e): 
the  kinriu  was  used  both  for  cooking  and  serving 
food,  but  it  waa  flatter  and  more  like  the 
pat^la:  the  x^P^  ^'^  the  other  hand,  was 
deeper  and  (serving  also  both  purposes)  is  equiva- 
lent to  Olla.  T^  Xfjcdni  is  often  given  as  the 
equivalent  of  patina,  and  it  was  probably  of 
much  the  same  shape,  but  its  uses  were  different : 
a  basin  fm  4^9tMwn  (Poll.  z.  76;  cf.  Ar. 
^ii6.  907);  a  trough  for  brick-makers  (Later, 
p.  8).  [J.  y.]    [G.  E.  M.] 

PATBES.  [PATRicn;  Sekatus.] 
PATBIA  POTESTAS.  Potestas  in  its 
original  meaning  siraified  *' mastery,"  *Momi- 
nion  "  (Curtins,  Or,  £tym,  iii.  265),  and  hence  it 
came  to  mean  a  legal  power  or  authority  to 
which  a  person  was  entitled.  **  Potestas,"  says 
Paulus  (Dig.  50,  16,  215),  **  has  several  signifi- 
cations: when  applied  to  magistratus,  it  is 
imperium;  in  the  case  of  children,  it  is  the 
patria  potestas;  in  the  case  of  slaves,  it  is 
dominium."  AocoMing  to  Paulus,  then,  potes- 
tas, as  applied  to  magistratus,  is  equivalent  to 
imtoerium.  Thus  we  find  potestas  associated 
with  the  adjectives  praetoria,  oonaularts.  But 
potestas  is  applied  to  magistratus  who  had  not 
the  imperium  [Imperium],  as,  for  instance,  to 
quaestors  and  tribuni  plebis  (Cic  pro  CHnent.  27, 
74);  and  potestas  and  imperium  are  often 
opposed  in  Cicero.  Both  the  ezpressions  trihuni' 
cium  jus  and  tribumicia  potestas  are  used  (Tac. 
iinn.  i.  2,  8).  Thus  it  seems  that  this  word 
potestas,  like  many  other  Roman  terms,  had  both 
a  wider  signification  and  a  narrower  one.  In  its 
wider  signification  it  might  mean  all  the  power 
that  was  delegated  to  any  person  by  the  state, 
whatever  might  he  the  eztent  of  that  power. 
In  its  narrower  signification,  it  was  on  the  one 
hand  equivalent  to  imperium,  and  on  the  other  it 
ezpressed  the  power  of  those  functionaries  who 
had  not  the  imperium. '  Sometimes  it  was  used 
to  express  a  magistratus  as  a  person  (Sueton. 
CUmd,  13;  Juv.  z.  100);  and  hence  in  the 
Italiaft  language  the  word  podesta  signifies  a 
magistrate.  Potestas  is  also  used  to  express  the 
authority  of  the  head  of  a  family  over  his  children 
and  slaves,  which  was  an  authority  analogous 
in  some  respects  to  that  of  a  magistrate.  The 
potestas  is  cfommtca,  as  ezhibited  in  the  rela- 
tion of  master  and  slave  [Servus]  ;  or  patria, 
aa  exhibited  in  the  relation  of  father  and 
child. 

The  earliest  and  most  comprehensive  term  for 
the  patriarchal  power  of  the  head  of  a  Roman 
family  appears  to  have  been  numuSf  which  came 
to  be  more  specially  applied  to  express  the  power 
to  which  a  married  woman  might  be  subject  in 
her  husband's  family.  The  manci/num,  or  power 
over  persons  in  a  semi-servile  state,  was  framed 
after  the  analogy  of  the  dominica  potestas.  The 
tntela,  in  its  oriein  an  offshoot  of  the  patria 
potestas,  was  itself  a  kind  of  potestas  (Inst.  i. 
13,  1 ;  Cic.  pro  Mur.  12,  21,  "mulieres— majores 
in  tutorum  potestate  esse  voluernnt ").  Patria 
potestas,  then,  signifies  the  power  of  a  Roman 
paterfamilias  over  his  children  and  descendants 
through  males  in  his  familia  {jUiifatnUias,  jUiae- 
familias),  [Familia.J  It  is  to  be  borne  in 
mind  that  grown-up  children  were  subject  to 
this  power  ns  well  as  those  who  were  of  tender 
years.      The    government    of  the   family  was 


352 


PATRIA  P0TESTA8 


PATRU  P0TE8TAS 


coDoentnted  in  the  hands  of  ito  head,  whose 
powers  were  originally  more  like  those  of  a 
supreme  magistrate  than  of  a  father  at  the 
present  time.  Thus  the  paterfamilias  had 
originally  absolute  power  over  the  persons  of 
filiifamiliaSf  having  the  right  of  inflicting  on 
them  the  punishment  of  death  (jus  vitae  necisque) 
or  any  lesser  punishment.  It  was  customary 
for  him  only  to  inflict  capital  or  other  serious 
punishment  on  a  filiusfamilias  after  the  latter 
had  been  condemned  by  a  family  tribunal  (juaU' 
chtm  domesticum),  (Cf.  Miinster,  de  domestic, 
famUiartan  judicio;  v.  Walree,  de  antiq,  juris 
parricidi,  &c. ;  Geib,  Cr.  Pr.  82,  &c. ;  Zumpt, 
Crim.  Recht,  i.  349).  F.  Voigt  {Zwdlf  Tafeln, 
ii.  94)  enumerates  the  following  instances  of 
persona  being  punished  in  this  way  : — 

a.  245  ▲.u.O.  L.  Junius  Bmtus  put  his  sons 
to  death  (Pint.  Popt.  6,  7). 

6.  531-536  A.U.C.  M.  Fabius  Bruteo  put  his 
son  to  death  as  a  punishment  for  theft  (Oros. 
iv.  13> 

e.  651  A.U.C.  Q.  Fabius  liaximus  Ebumus 
punished  his  son  by  sending  him  into  exile  (Oros. 
V.  16;  Val.  Max.  vi.  1,5). 

d,  691  A.n.o.  A.  Fulvius  Nobilior  inflicted 
the  punishment  of  death  on  his  son  for  taking 
part  in  the  Catiline  conspiracy  (Val.  Max.  v.  S, 
5;  Sal.  Cat.  39 ;  Dio  Cass,  xxxvii.  36). 

0.  Julius  Amus  banished  his  son  for  attempted 
parricide  (Sen.  de  Clem,  i.  15, 2\ 

/.  Pontius  Aufidianus  put  his  daughter  to 
death  for  immorality  (Val.  Max.  vi.  1,  3);  as 
did  also 

g,  P.  Alilttts  Philiscus  (Val.  Max.  vi.  1,  6). 

h,  A  father,  named  TVicho,  put  his  son  to 
death  (Sen.  de  Clem,  i.  15,  1). 

•'.  752  A.n.c.  Augtutus  punished  the  im- 
moralitv  of  his  daughter  JuUa  by  sending  her 
into  exile  (Suet.  Aug,  65 ;  Dio  Cass.  Iv.  10). 

The  paterfamilias  was  not  criminally  re- 
sponsible on  account  of  the  abuse  of  his  powers. 
But  though  the  power  of  the  father  over  the 
persons  of  his  children  was  almost  unlimited  in 
early  law,  the  nota  oensoria  and  religious  censure 
being  the  only  sanctions  to  prevent  its  tyrannical 
exercise,  custom  and  public  opinion  kept  it 
within  due  bounds.  As  has  been  frequently 
remarked,  it  would  be  a  mistake  to  infer  from 
the  legal  absolutbm  of  the  head  of  a  Roman 
family,  that  his  children  were  treated  like  slaves. 
The'  fact  of  the  long  continuance  of  the  patria 
potestas  without  complaint  seems. to  show  that 
this  could  not  have  been  the  case. 

Under  the  Empire  the  occasional  cruelty  of 
fathers  was  punished,  and  the  powers  of  the 
father  over  the  persons  of  hia  children  were 
curtailed.  Thus,  in  112  A.D.,  Trajan  compelled 
a  father  who  had  treated  his  son  with  cruelty  to 
emancipate  him  (Val.  Max.  v.  8),  and  Hadrian 
banished  a  father  for  killing  a  son  out  hunting, 
who  had  committed  adultery  with  his  step- 
mother Q*  patria  potestas  in  pietate  debet  non 
in  atrocitate  consistere  "). 

It  became  the  rule  that  a  father  could  not 
kill  his  son  unleu  the  latter  had  been  tried  before 
the  praefectus  or  praeses  and  convicted  (Dig.  48, 
8,  2).  Under  Constantine  a  father  was  punished 
for  killing  a  son,  as  if  he  had  committed  parricide. 
The  power  of  the  father  was  limited  in  the  later 

?eriod  of  Roman  law  to  moderate  chastisement, 
he  father  might  sell  his  son  into  slavery  or 


mancipium  (Cic.  de  Or.  i.  40,  181 ;  pro  Caec.  34, 
98).     The  provision  of  the  Twelve  Tables,  that 
a  son  sold  by  his  father  three  times  should  be . 
free,  was  directed  against  the  abuse  of  this  power. 
The  sale  of  children  was  obsolete  in  the  time  of 
the  classical  jurists,  except  as  a  mere  formality, 
and  in  the  case  of  children  surrendered  by  the 
paterfamilias  on  account  of  their  delicts  {naxae 
datio) ;  for,  in  the  case  of  delict  bya  filiusfamiliaay 
noxales  actiones  were  allowed  against  the  father 
(Oaius,  iv.  75).     But  Justinian  abolished   the 
noxae  datio  in  the  case  of  a  flliua-  or  filialkmilia& 
(Inst.  iv.  8,  7  ;  Dig.  43,  29,  3,  §  4).    According 
to  early  custom,  the  father  had  the  right  of 
repudiating  a  new-bom  child.    The  child  was 
placed  at  the  feet  of  the  father  immediately 
after  birth ;  and  if,  instead  of  being  lifted  up  by 
the  father  (libenun  toUere,  meoipere,  r&ciperej, 
he  was  left  on  the  ground,  he  was  excluded  from 
the  familia  (Voigt,  §  97).      Even   under   the 
legislation  of  Justinian,  it  was  lawful  to   sell 
new-bom  children  **  propter  nimiam  paupertatem 
egesUtemque  "  (Cod.  4»  43,  1,  2).    The  &ther 
was  a  party  to  the  betrothal,  marriage,  or  divorce 
of  his  children  in  early  times,  and  the  consent  of 
the  father  was  always  an  essential  condition  of 
a  valid  marriage  [Matruonium].    If  a  marriage 
was  accompanied  with  the  in  memwn  concfniib, 
his  wife  came  into  the  power  of  the  &iher  and 
not  into  the  power  of  the  son.    Tlie  father  oonld 
substitute  another  person  as  heir  to  hia  aon, 
if  the    latter  died   before  attaining    puberty, 
[Hebgb],  and  he  could  by  his  will  appoint  him 
a  tutor.    The  father  could  give  his  child    in 
adoption  and  emancipate  him.    The  father  oooid 
recover  possession  of  the  person  of  his  son  by      ' 
tindicatio  inpatriampotestatem,  or  by  mterdieium 
de  Itberis  exhSbendis, 

The  patria  potestas  did  not  interfiBre  with 
the  public  rights  and  duties  of  filiifamilias. 
Thus  a  son  could  vote  at  the  Comitia  Tributa  ; 
he  could  fill  a  magistratus ;  and  he  could  be  n 
tutor,  for  the  tntela  was  considered  a  part  of  jaa 
publicum  (Dig.  6,  9 ;  Liv.  xxiv.  44 ;  Gell.  iL  2y. 

The  child  had  conubium  and  commerdnm  like 
any  Roman  citizen  who  was  stujwriSy  but  these 
legal  capacities  brought  to  him  no  power  or 
ownership.  Thus,  although  he  had  commerciumy 
and  so  could  be  witness  to  a  transaction  per  aes 
et  Ubram,  he  could  not  hold  property,  being  a 
mere  instrument  of  acquiring  for  his  paterfami* 
lias.  A  conveyance  to  him,  or  an  inheritance 
acquired  by  him,  or  an  obligation  in  his  favour, 
would  give  rights,  not  to  himself,  but  to  the 
person  who  had  potestas  over  him,  just  as  in  the 
case  of  a  slave.  The  property  of  which  the 
filiusfamilias  had  actual  enjoyment  was  hi» 
peculium,  and  of  this  the  psterfimiilias  was 
owner.  Having  no  property,  the  filina&milias 
could  maintain  no  actions  a'hich  implied  thsit 
he  was  owner  of  property,  e.g.  mndioatio ;  there 
were,  however,  some  exceptions  to  this  rule, 
probably  introduced  by  the  praetor  under  the 
form  of  actiones  in  factum  [Acnoj.  Bat  a 
filiusfamilias  could  maintain  actions,  such  as  the 
oc^to  injuriarum,  which  were  not  based  on  pro- 
prietary claims.  A  filius  pubes  could  incur 
obligations  and  be  sued  like  a  paterfamilias, 
though  perhaps  this  was  not  so  till  aboi.t  the 
time  when  the  principle  of  giving  him  indc- 
pendent  rights  in  his  peculium  was  first  estab- 
lished.   Between  the  paterfamilias  and  filius*      ' 


I 


PATBIA  POTESTAS 


PATBICn 


353 


haAm,  or  between  filiifamilias  of  the  lame 
familia,  no  actionable  obligations  conld  exist; 
neither  of  tbem  could  hare  a  right  of  action 
^aiost  the  other.  Bat  natural  obligations  could 
be  established  between  them.    [Obuoatio.] 

The  role  as  to  the  incapacity  of  a  filiuafamilias 
hi  acquiring  property  wai  first  varied  about 
tke  time  of  Augustas,  when  the  son  was  allowed 
to  dispose  of  by  will  whaterer  he  had  acquired 
II  aetire  military  senrice,  and  after  a  time  to 
treat  such  acquisitions  as  his  own  for  all  pur« 
poMi.  This  was  the  castrense  peculium,  with 
rapect  to  which  the  son  was  treated  as  a  person 
mjvrit  (Jut.  xvi.  51 ;  Gains,  ii.  106).  But  if 
tbe  filimnmilias  died  without  making  any 
<iUp«eitioa  of  this  peculium,  it  came  to  the 
father  ss  peculium,  t.^.  as  his  own  property, 
aad  Bot  as  inheritance :  this  continued  to  be  the 
Uv  till  Jostinian  altered  it  (Nov,  118).  Tbe 
fnnleges  of  a  filius&milias  miles  as  to  the 
«r<iaiiition  of  property  were  extended  under 
C«nstaDtitte  to  his  acquisitions  made  during  the 
discharge  of  ciril  and  ecclesiastical  offices ;  and 
&•  this  new  pririlege  was  framed  after  the 
analogy  of  the  cartrmue  peculiwn,  it  was  de- 
«CDsted  by  the  name  qwui-^aatrense  pecuiiwn. 

By  changes  in  the  law  carried  out  by  Con- 
euatine  and  his  successors,  a  filiusfamilias 
ixecame  capable  of  acquiring  property  for  himself 
in  ordinary  cases.  It  was  first  enacted  that  a 
£lias£umuis  should  acquire  the  inheritance  of 
his  mother  (6oiia  matena)  for  himself  and  not 
for  his  father;  this  rule  was  then  extended  so  ns 
t"  apply  to  property  derived  from  the  maternal 
•me  (bnia  maiemi  generis^  and  finally  under 
Jiistiniaa  to  property  derived  from  any  one 
except  the  paterfamilias  himself,  which  was  not 
it'^Hum  ocuirenae  or  quati-castrense.  According 
to  thtt  new  law,  property  which  a  filiusfamilias 
tierired  from  third  parties,  called  bona  adventicia^ 
^loQged  to  him,  but  his  paterfamilias  had  a  life* 
utereat  (nMs/nicf  hi)  in  it,  and  tbe  administration 
*^  it  The  tilinsfamilias  could  not  dispose  of  it 
by  will,  and  thus  his  rights  in  bona  advtnticia 
^ere  subject  to  restrictions  which  did  not  apply 
^  ptadmm  castrtfue  and  quafi^castreiue.  The 
iTion  from  whom  the  filiusfamilias  acquired, 
^'fbt  exclude  the  paterfamilias  from  the  usu- 
^et  and  administration  of  his  property  by  an 
tipnas  provision  to  that  effect.  In  property 
^^rired  from  his  paterfamilias  (ex  re  patris),  the 
t^Uoaiunilias  had  no  independent  rights;  such 
(rnperty  is  called  pecuiiwn  profectitium, 

TbQs  by  the  imperial  legislation,  and  espe- 

ciaily  by  that  of  the  early  Christian  emperors, 

^«  eitent  of  the  patria  potestas  was  much 

^•'Kcd.    The  patria  potestas  was  acquired  by 

^e  birth  of  a  child  in  a  Boman  marriage  (justae 

*^iiae).    Children  bom  of  parents  who  had  not 

'-'aabitim,  ue,  the  capacity  of  entering  into  a 

i-Q»n  marriage  with   one  another,  were  not 

'"'Inject  to  patria  potestas;  but  in  the  time  of 

tEe  claisieal  jurists,  if  a  Roman  had  by  mistake 

^UTHd  a  woman  with  whom  he  had  no  conu- 

^^ai,  thinking  that  conubium  existed,  he  was 

•-*»eii  to  prove  his  case  (causae  erroris  pro- 

^■X  apon  doing  which  the   child   that   had 

'^^  born  -and  the   wife  also  became   Roman 

^^>>«as,  and  from  that  time  the  son  was  in  the 

y^v  of  the  lather  (Gains,  i.  67).    Other  in- 

suiceaof  tht  cautOft  probatio  are  mentioned  by 

▼OLn. 


Patria  potestas  could  be  acquired  by  either  of 
the  modes  of  adoption  [Adoptio].  Patria  po- 
testas could  be  acquired  under  the  Christian 
emperors  by  legitimation  of  children  bom  out  of 
lawful  wedlock. 

1.  Per  stAeequena  mafn'monium.— Constantino 
introduced  the  rule  that  children  bom  in  con- 
cubinage [Concubina],  whose  parents  might 
have  been  lawfully  married  at  the  time  of  the 
birth  of  such  children,  should  be  legitimated  by 
the  subsequent  marriage  of  the  parents.  Even 
at  an  earlier  time  it  seems  to  have  been  the 
fashion  for  the  emperor  as  an  act  of  grace  to 

{>lace  such  children    on    the  same  footing  as 
egitimate  children. 

2.  Per  obiationem  curiae, — ^In  the  time  of 
Theodosius  II.  the  rule  was  established  by  which 
a  child  was  legitimated  who  was  made  a  member 
of  a  municipal  senate  by  hb  father  [Decurio]. 

3.  Per  rescripium  prmcipis, — ^To  these  two 
modes  of  legitimation,  Justinian  added  that  of 
imperial  rescript. 

The  patria  potestas  was  dissolved  in  various 
wavs.  It  was  dissolved  by  the  death  of  the 
father,  upon  which  event  the  grandchildren,  if 
there  were  any,  who  had  hitherto  been  in  the 
power  of  their  grandfather,  came  into  the  power 
of  their  father,  who  was  now  sui  juris.  It  could 
also  be  dissolved  in  various  ways  during  the  life 
of  the  father.  A  maxima^  media,  or  minima 
capitis  deminutioj  either  of  the  pater-  or  filius- 
familias, dissolved  the  patria  potestas ;  though 
in  the  case  of  either  party  sustaining  a  capitis 
deminutio  by  falling  into  the  hands  of  an  enemy, 
the  relation  might  be  revived  hy  postlaninifnn, 
A  father  who  was  arrogated,  and  consequently 
sustained  a  minima  capitis  demin*UiOf  came, 
together  with  children  who  had  hitherto  been 
in  his  power,  into  the  power  of  his  adoptive 
father.    [Adoptio.] 

The  commonest  mode  of  dissolving  the  patria 
potestas  was  by  emancipation,  which  was  a 
capitis  deminutio  minima,  having  the  efiect  of 
making  the  emancipatus  the  head  of  a  new 
familia  distinct  from  that  of  his  father's.  It  is 
probable  that  in  early  Roman  law  the  emanci' 
pation  of  children  was  not  possible,  but  In 
course  of  time  a  circuitous  mode  of  effect- 
ing it  was  established  by  the  ingenuity  of 
lawyers.  For  an  account  of  the  forms  of 
emancipating  a  filiusfamilias,  which  consisted  of 
three  mancipations,  followed  by  vindicta,  see 
Gaius,  i.  132.  The  process  was  simplified  by  the 
law  of  Justinian  (Inst.  i.  12,  6).  The  parent 
could  emancipate  his  child  at  his  pleasure,  and 
thus  deprive  him  of  the  rights  of  agnation  with- 
out his  own  consent ;  but  the  law  in  this  respect 
was  altered  by  Justinian  (Nov,  89,  c.  11),  who 
made  the  consent  of  the  child  necessary.  The 
child  had  no  means  of  compelling  his  father  to 
emancipate  him. 

(Savigny,  System^  ii.  49,  tie, ;  Mommsen,  POm. 
Gesch,  i.  59,  lie. ;  Ihering,  Geist  des  P6m, 
Pechts,  ii.  1,  151-155;— Voigt,  Jus  Naturale,  ii. 
228;  Zusdlf  Tafeln,  ii.  §  93;— Mandry,  Fam. 
Oaterrecht ;  Rossbach,  POm,  Ehe,  1-41 ;  Lange, 
POm,  AlterthUm,  §§  29,  30;  Kuntze,  Inst.  i. 
f§  741-747,  ii.  §§  505-507 ;— Maine's  Andcnt 
Lave,  ch.  V. ;  Early  Law  and  Custom,  ch.  vii.  and 
p.  122,  note  a.)  [G.  L.]    [E.  A.  W.] 

PATBrCII.  The  authorised  version  of 
Roman  History,  as  given  in  the  narrative  of 

2  A 


354 


PATRICII 


PATBICn 


Livy  and   Dionyuus  and  by  Cicero  in  the  de 
Republican  represents  the  state  as  divided  from 
the  first  into  ordinary  citizens  and  a  privileged 
class  who  are  generally  described  as  patricii. 
These  are   further   stated    to    have   been    the 
families  of  one  hundred   persons  selected    by 
Romulus  for    his    senate:     **,Patres    certe  ab 
honore,  patriciique  progenies  eorum  appellati " 
(Liv.  i.  8,  7).    On  the  other  hand^  we  find  in 
Festus  a  second  tradition:    '^Patricios  Cincius 
ait  in  libro  de  Comitiis  eos  appellari  solitos,  qui 
nunc  ingenui  vocentur."    It  is  connected  with  a 
strange  etymological  guMS,  that  the   patricii 
were  originally  those  **qni  patrem  ciere  pos« 
sent ;  '*    that   is  to  say,   all   freeborn  person^ 
(Liv.  z.  8,  10).    The  word  has,  of  course,  really 
no  cmmezion   with  ciere,  but   is.  simply    the 
adjectival  form  of  pater.     NeverthelessJt  is 
certain  that  the  explanation  of  Cincius  isri 
in  referring  pairicius  to  pater^  not  in  its  sen; 
senator,  but  in  its  original  meaning  of  fat! 
and  head  of  a  family.     On  no  other  suppositi 
can   we  account  for  the  fact  that  the  wo 
patre*-  is  sometimes  used  of  the  whole  order  sls 
synonomous  with  patricii  (so  In  Liv.  iv.^4,  5; 
<*ne  conubium.  patribus    cum    plebe  esset"). 
The  true  explanation  b  gummed  up  by  Mopim- 
sen  {Staaltvncht,  iiL  p.  13):  *<  Thei^  ac^fldled 
either  jxiires,  inasmuch  as  they  and 
are  or  can  be  fathers,  or  else  in  adje 
patnciif  inasmuch  as  they  and  they  nl 
father."    If  there  ever  were  a  time 
when    the    word   poMciHS    was    strictly 
etymologically  significant,  ao  that  no  one  but  a 
patricius  had .  a  Uwful  father  or  could  himself 
become  a  paterfamilias,  then  at  that  time  the 
patricii  were  the  only  real  citizens  of  Rome.    It 
is  impossible  to  count  as  a  full  burgess  anyone 
who  is  incapable  of  becoming  as  paterfamilias  a 
person  of  the  civil  law,  able  to  hold  prop^ty 
and  to  sue  and  be  sued  in  his  own  right.    The 
old  story,   which  represents  the  patricians  as 
from  the  first  a  nobility  among  their  fellow* 
citizens,  appears  however  in  a  somewhat  different 
light,  when  we  read,  that  Romulus  assigned  the 
whole  of  the  plebs  as  clients  to  one  or  other  of 
the  patres.    According  to  this,  there  would  be 
in  the  state  as  originally  constituted  no  one  but 
the  patricii  and  their  clients ;  as  a  client  was  at 
first  in  a  position  hardly  distinguishable  from 
that  of  a  slave,  this  brings  us  round  again  to 
the  proposition  that  ^patrician"  and   ** free- 
bom  man  "  were  originally  synonymous. 

The  development  of  the  rights  and  capacities 
of  citizens  outside  the  patriciate  will  be  dis- 
cussed elsewhere  [see  Plebs].  It  is  siifficient 
here  to  say  that  in  process  of  time  certain  out- 
siders won  their  way  to  the  position  of  patres- 
familias.  By  analogy  these  persons,  or  at  any 
rate  their  children,  should  have  been  able  to 
claim  the  title  of  patricii.  But  this  logical 
conclusion  was  never  drawn.  The  word  patri- 
cttis  survived  as  a  token  of  an  arrested  develop- 
ment: it  was  confined  to  the  descendants  of 
those  who  once  exclusively  possessed  the  qualifi- 
cations on  which  the  title  rested.  From  the 
moment  when  plebeian  patresfamilias  come  into 
existence  the  patricii  must  be  counted  as  a 
nobility  among  their  fellow-citizens.  It  is 
possible  that  the  power  to  vote  in  the  assemblies 
[see  PoPULUS]  was  for  a  time  a  privilege  re- 
served to  these  nobles.    But  such  a  situation,  if 


it  ever  existed,  did  not  last  long  enough  for  the 
patricians  to  consolidate  into  a  corporation  with 
a  general  assembly  and  officers  and  powers  of 
separate  action.  The  patriciate  as  a  body  never 
gets  free  from  the  body  of  the  Ronmn  people. 
^'^Magistratus  patricius"  and  *'auspicta  patri- 
ciorum "  are  always  precisely  the  same  as 
*'  magistratus  "  and  '*  auspida  Populi  Roman! '' 
[see  Maoistratcs].  It  may  be  noticed  that 
this  fact  in  itself  gives  us  strong  reason  to  con- 
clude that  the  patricii  were  the  original  stock 
on  which  the  other  branches  of  the  Roman 
people  were  grafted. 

For  a  long  time  the  patricians  alone  were 
elie^ble  to  the  great  offices  of  the  state.  Th*^ 
'WSS)^  over  this  question  of  eligibility  lasted 
oSjito  historical  times.  When  it  finally  closed 
about  '^e  year  300  B.C.,the  members  of  the  two 
orders  were  not  left  in  a  position  of  absolute 
equality.  The  patrician  was  weighted  in  ih*- 
ace  for  oflice  with  certain  disjualifications, 
hich  had  been  originally  imposed  as  a  means 
•of  breaking  the  ancient  monopoly  of  the  order. 
Both  places  in  the  consulship  and  the  censorship 
were  open  to  plebeians,  but  only  oneto  patricians. 
The  patri%ins  were  likewise,  as  a  matter  of 
course,  excluded  from  the  oflices  of  tribnne  and 
plebeian  aedile.  On  the  other  hand,  the  great 
colleges    of    pdNii^s,    augurs,    and     decernriri 

IS  fadtmdi^  were    divided    as    equally    a» 

possible  between  the  two  orders  (in  favour, 
therefore,  of  the  chances  of  a  member  of  the 
loss  numerous  f  ne),  and  certain  other  fnnctions 
still  remained  for  which  patricians  alone  weie 
qualified.  The  best  list  of  these  is  derived  from 
Cicero's  dest^fiption  (pro  Domo,  14,  38)  of  what 
will  happen  if  the  patriciate  suffers  extinction 
(a  description  closely  ibllowed  by  Liv.  ri.  41)  : 
**  Ita  papulus  Romanus  breyi  tempore^  xkeqn<e' 
Regem  sacrorum,  n^ue  flamines,  neqve  aalios 
habebit,  nee  ex  partqpimidia  reliquos  saeerdotes, 
neque  auctores  centuriatorum  et  cnriatoram 
comitiorum  :  auspiciaqne  Populi  Romani,  <i 
magistratus  patricii  creati  non  sint,  intereant 
necesse  est,  qunm  interrex  nullus  sit,  quod  et 
ipsum  patricium  ease  et  a  patriciis  prodi  noces^«* 
est." 

There  are  other  passages  which  casually  con- 
firm what  Cicero  here  says  about  the  exclusively 
patrician  character  of  the  interregnum.  For 
instance,  in  Liv.  vi.  41,  Ap.  Claudius  says,  **  sed 
nos  quoque  ipsi  sine  sufiragio  populi  auspicato 
interregem  prodimus ; "  and  again  we  have  in 
Liv.  ir.  43,  ''prohibentibus  tribnnis  patrlcioii^ 
coire  ad  prodendum  interregem,"  and  in  later 
times  in  Asconius  (ad  Cic  pro  Mil.},  **  Tiibani 
plebis  referri  ad  senatum  de  patriciis  convocan* 
dis  non  essent  passi."  On  the  other  band,  the 
elaborate  descriptions  of  the  first  interreg^am 
by  Livy  (i.  17)  and  Dionysius  (ii.  57)  attribfit»« 
the  whole  proceeding  to  the  senate,  and  tl&^ 
same  is  distinctly  stated  by  Appian  (Beii.  Cir.  i . 
98),  Tp  Bk  fiovK^  9poir4ra^  iK4ff$ai  r^r  iraXo^*~ 
fuyop  Mcra^^  0aat\4ai  and  above,  iBovXcvr^s- 
tripos  trap*  Irtpob  M  Wrrs  ^ft4pas  ^px^^t  ^^o 
There  seems  no  way  of  reconciling  these  very 
clear  statements  on  either  side  except  by  adopt- 
ing Mommsen's  hypothesis  that  the  powers  of 
the  interregnum  were  vested  in  the  patrician 
members  of  the  senate,  who  met  on  such  occasion.^ 
nnsummoned  and  without  the  co-optration  of 
their  plebeian  brethren. 


PATRICn 


PATMCn 


355 


The  sane  theory  must  serve  to  explain  the 
patr%m  <mctoritas.  The  words  are  sometimes 
used  in  a  general  sense  for  the  approral  or 
r>H»mmeiidatiMi  of  the  senate  (e.g.  Liv.  Tii.  15, 
13;  17,9;  xxxiii.  24,  4;  xxxv.  7,  5),  and  the 
»iagle  word  OMcforitos  likewise  bears  the  meaning 
U  a  rcs<dution  of  the  senate  which  has  been 
retoed  bj  a  magistrate.  Bnt  patnim  auctoritcu 
» rts  tedinkal  sense  is  quite  distinct  from  this 
later  oaage.  it  is  a  confirmatory  act  necessary 
to  five  legal  Talidity  to  the  decrees  and  elections 
made  by  Uie  popnins  Romanus,  and  it  survived 
a>  a  form  down  to  the  Augustan  age.  Livy 
(l  ny,  in  speaking  of  the  election  of  king 
Xoma,  attributes  the  confirmation  to  the  senate 
which  had  just  oonducted  the  interregnum ;  and 
ve  may  trust  him  here,  for  he  appeals  to  the 
practice  of  hk  own  time:  ^Hodie  quoque  in 
i^gibns  magiatratibusque  rogandis  usurpatur 
id<'ni  jns  vi  adempta ;  priusquam  populus  sufiva- 
pvm  ineat  hi  incertum  eventum  comittorum 
patres  anctorea  fiunt."  Cicero  likewise  {Eep.  ii* 
3'iX  after  beginning  with  the  words  ^'Tenuit 
i^ftor  in  hoc  statu  aenatus  reropublicam/' 
proceeds  to  adduoe,  amongst  other  points, 
"qnodqve  erat  ad  retinendam  potentiam  oo- 
biUam  vel  maximum,  veheroenter  id  rettnebatur 
P"pTili  comiti*  ne  essent  rata  nisi  ea  patrum 
a^'probavisset  auetoritas."  On  the  other  hand, 
we  have  pass^es  in  which  the  established  phrase 
**  patres  auctores  fiunt  '*  is  altered  into  ^  patri- 
cii : "  tjg.  Lit.  vi.  42,  **  quia  patricii  se  auctores 
fotaros  negabant ; "  and  Sallust,  Fragm.  82,  15, 
"libera  ab  auctoribus  patriciis  majores  vostri 
sD^r^ia  paravere" — and  Cicero,  as  we  have 
scvo,  distinctly  says  that  the  ouctoritaB  will 
Lpie  with  the  patriciate.  The  difficulty  then 
i->  precisely  th«  same  as  in  the  oase  of  the  inter- 
repmn,  aiad  may  be  solved  by  the  same  hypo* 
the&ia  of  a  **  patrician  senate." 

Since  the  auetoritas  patrwn  was  reduced  to  a 
Ki«re  form  by  being  put  before  instead  of  after 
Uie  Todng  (as  was  ordered  by  the  Lex  Publilia 
vf  ac.  339  and  the  Lex  Maenia),  it  can  never 
bre  amounted  to  the  power  of  rejecting  a 
EKaiore  on  its  merits :  such  a  power  could  be 
aerised  as  easily,  perhaps  moi*e  easily,  on  a 
tU  before  it  came  to  the  assembly.  If,  however, 
tke  patrvm  auetoritas  was  limited  to  a  eon- 
iinaatory  certificate  that  the  law  had  been 
F3««d  in  due  form,  it  would  be  rendered 
Bu*atory  if  it  had  to  be  given  before  any  objec- 
ti>iDs  could  possibly  be  raised  to  the  procedure. 
{i'vT  Mommsen's  view,  which  differs  slightly 
from  this,  see  Bdm.  Forsch.  i.  p.  242,  and  Stoats- 
n-A^iil  p.  1041.) 

la  ffttte  of  the  decay  of  their  political  privi- 
U(rcs,  the  patricians  retained  to  the  end  of  the 
^poblic  the  dignity  which  attached  to  the 
'de^t  and  purest  blood  in  Rome.  The  number 
':  tamllies  known  from  the  lists  of  magistrates 
'^  the  later  Republic  amounts  to  about  30 
Ole&RDsen,  Staatsr,  iii.  p.  12).  Dionysius, 
^*««rrer,  gives  50  as  the  number  of  "Trojan 
'snilies  **  which  remained  to  his  day.  It  would 
**^  to  follow  that  outside  the  ranks  of  the 
^^itj  of  office  there  remained  a  certain 
^ber  of  patricians  in  equestrian  station, 
&«af  h  their  ancient  birth  was  fully  recognised. 
\^ir  position  would  somewhat  resemble  that  of 
*^  more  obscure  Soottish  peers  in  -our  time. 
^t  the  Seottish  peerage,  the  patriciate  could 


not  be  recruited.  With  the  doubtful  exception 
of  the  Claudii,  no  instance  is  known  in  Repub- 
lican times  of  any  man  or  family  attaining  the 
patriciate. 

When  Caesar  as  Dictator  wished  to  increase 
their .  numbers,  there  appears  to  have  been  no 
machinery  by  which  the  patricians  could  act  as 
a  body  in  admitting  fresh  members.  This 
admission  was  accomplished  by  a  special  law 
(Lex  Cassia)  of  the  sovereign  people,  whose 
mandate  was  of  course  absolute  in  all  matters. 
The  same  precedent  was  followed  by  Augustus, 
who  was  authorised  by  the  Lex  Saenia  to  create 
a  fresh  batch  of  patricians.  Claudius  seems  to 
have  made  such'  creations  on  the  strength  of  his 
pow«r  as  censor  (T^  Ann,  xi.  25),  and  after 
him  the  emperors  conferred  the  rank  fireely. 
[Mommsen's  view  of  the  patrician  senate  {Bihn, 
Forsch,  vol  i.  p.  218  seq,;  StaatsrscH,  'ni, 
p.  1037  ssq.\  which  is  maintained  in  this.article, 
is  disputed  by  Willems,  Sinat  de  la  S^pubiiqtte, 
voL  ii.  i.  §$  1-5.]  [J.  L.  S.  0.] 

Period  from  the  time  of  ConstatUine  to  the 
Middle  Age$,'^¥Tom  the  time  of  Constantine  the 
dijpiity  of  partricius  was  a  personal  title,  which 
conferred  on  the  person  to  whom  it  was  granted 
a  very  high  rank  and  certain  privileges.  Hither- 
to patricians  had  been  only  genuine  Roman 
citizens,  and  the  dignity  hod  descended  from  the 
father  to  hia-  children ;  but  the  new  dignity  was 
created  at  Constantinople,  and  was  not  bestowed 
on  old  Roman  families;  it  was  given,  without 
any  regard  to  persons,  to  such  men  as  had  for 
a  long  time  distinguished  themselves  bv  good 
and  faithful  services  to>the  Empire  or  the  em* 
peror.  This  new  dignity  was  not  hereditary, 
but  became  extinct  with  the  death  of  the  person 
on  whom  it  was  conferred;  and  when  during 
this  period  we  read  of  patrician  families,  the 
meaning  is  only  that  the  head  of  such  a  family 
was  a  patrioius.  (Zosim.  ii.  40;  Cassiodor. 
Variar,  vi.  2.)  The  name  patridus  during  this 
period  assumed  the  conventional  meaning  of 
father  of  the  emperor  (Ammian.  liarcellin* 
xxix.  2;  Cod.  12,  tit.  3,  §  5),  and  those  who 
were  thus  distinguished  occupied  the  highest 
rank  among  the  iUustrcs;  the  consuls  alone 
ranked  higher  than  a  patricius.  (Isidor.  ix.  4,. 
1,  3;  Cod.  3,  tit.  24,  s.  3 ;  12,  tit.  3,  s.  3.)  The 
titles  by  which  a  patricius  was  distinguished 
were  m<i^i)!c«n^ta,  celsitudo,  emineniiay  and 
magniiudo.  They  were  either  engaged  in  actual 
service  (for  they  generally  held  the  highest 
offices  in  the  statie,  at  the  court,  and  in  the  pro- 
vincesX  and  were  then  called  patrieii  praeseti' 
tales,  or  they  had  only  the  title  and  were  called 
patricii  oodicUlares  or  honorariL  (Cassiod.  viii. 
9;  Savaron.  ad  Sidon.  ApoU.  i.  3.)  All  of  them, 
however,  were  distinguished  in  their  appearance 
and  dress  from  ordinary  persons,  and  seldom 
appeared  before  the  public  otherwise  than  in  a 
carriage.  The  emperors  were  generally  very 
cautious  in  bestowing  this  great  distinction, 
though  some  of  the  most  arbitrary  despots  con- 
ferred the  honour  upon  young  men  and  even  on 
eunuchs.  Zeno  decreed  that  no  one  riiould  be 
made  patricius  who  had  not  been  consul,  prae- 
fect,  or  magister  militum.  (Cod.  3,  tit.  24, 
s.  3.)  Justinian,  however,  did  away  with  lome 
of  these  restrictions.  The  elevation  to  the  rank 
of  natricins  was  testified  to  the  person  by  a  writ 
called  diploma.    (Sidon.  Apollin.  v.  16;'Suidas, 

2  A  2 


356 


PATBIMI  ET  MATBIMI 


PATBONUS 


s.  0.  rpa^^MtrcfSioy ;   compere  Caasiodor.  ri.  2, 
Ttii.  21,  &c.) 

ThU  new  dignity  was  not  confined  to  Romans 
or  subjects  of  the  Empire,  but  was  sometimes 
granted  to  foreign  princes,  such  as  Odoacer,  the 
chief  of  the  Heruli,  and  others.  When  the 
popes  of  Rome  had  established  their  authority, 
they  also  assumed  the  right  of  bestowing  the 
title  of  patricius  on  eminent  persons  and 
princes,  and  many  of  the  German  emperors 
were  thus  distinguished  by  the  popes.  In 
several  of  the  Geimanic  kingdoms  the  soTe- 
reigns  imitated  the  Roman  emperors  and  popes 
by  giving  to  their  most  disttnguished  subjects 
the  title  of  patricius,  but  these  patricii  were  at 
all  times  much  lower  in  rank  than  the  Roman 
patricii,  a  title  of  which  kings  and  emperors 
themselves  were  proud.  (See  Gibbon,  vols.  ii. 
109,  vi.  158 ;  Bryoe,  Holy  Roman  Empire^  p.  40 ; 
Rein,  in  £rsch  und  Gruber's  Encyclopadief  s.  v. 
Patrider.)  [L  S.l 

PATBI'MI  ET  HATBI'MI,  also  called  Pa- 
trimes  et  Matrimes,  were  those  children  whose 
parents  were  both  alive  (Festus,  s.  w.  Fiammiaf 
Matrmea;  called  by  Dionysius,  ii.  22,  i^^i6ln- 
X(ff),  in  the  same  way  as  pater  patrimus 
signifies  a  father  whose  own  fatner  is  still 
alive  (Festus,  p.  234).  Servius  (ad  Verg.  Georg, 
i.  32),  however,  confines  the  term  patrimi  et 
matrimi  to  children  bom  of  parents  who  had 
been  married  by  the  religious  ceremony  called 
canfarreatio,  and  who  were  still  alive ;  it 
appears  probable  that  this  is  the  correct  use  of 
the  term.  We  know  that  the  flamines  majores 
were  obliged  to  have  been  born  of  parents  who 
had  been  married  by  oonfarreatio  (Tac.  Amu  iv.  16 ; 
Gaius,  i.  112) ;  and  as  the  children  called  pa^rimt 
et  matrimi  are  almost  always  mentioned  in  con- 
nexion with  religious  rites  and  ceremonies  (Cic. 
de  Ear,  reap,  11;  Liv.  xxxvii.  3;  Gell.  i.  12; 
Tac.  Hist,  iv.  53 ;  Macrob.  Saturn,  6 ;  Vopisc. 
Avrel,  19  ;  Grelli,  Inscr.  n.  2270),  the  statement 
of  Servius  is  rendered  more  probable,  since  the 
same  reason  which  confined  the  ofiice  of  the 
fiamines  majores  to  those  bom  of  parents  who  had 
been  married  by  confarreatiOf  would  also  apply 
to  the  children  of  such  marriages,  who  would 
probably  be  thought  more  suitable  for  the  service 
of  the  gods  than  the  ofispring  of  other  marriages. 
If  this  restriction  ceased  when  con/arreatio  fell 
into  disuse,  it  was  at  least  still  necessary  that 
the  mother  should  not  have  been  divorced :  in 
such  a  case  the  children  would  obviously  cease 
to  be  patrimi  et  matrimi.  There  is,  however, 
reason  to  think  that  the  rite  of  confarreatio  was 
retained  so  far  as  to  provide  persons  qualified 
for  priestly  office  [Matrimonium,  p.  140  6], 
and  so  the  patrimi  et  matrwii  of  late  times  may 
.«till  have  been  born  from  parents  so  married, 
though  it  is  clear,  from  the  statement  of 
Macrobius  (I.  c.)  that  after  the  3rd  century  b.o. 
the  service  was  no  longer  restricted  to  patrimi 
et  ma^'mt,  since  the  children  of  libertini  served 
also.  For  the  religious  functions  which  required 
Attendance  of  patrimi  et  matrimi,  see  Camillus  ; 
ABTALE8;  Matbihonium,  p.  143  6.  (Rein,  Das 
rffm,  Privatrechty  p.  177;  Gtfttling,  Ge9ch.d.r(hn. 
Staatsverf,  p.  90;  Marquardt,  Staatsverw,  iii. 
227 ;  Ptiv'ttieben,  p.  70.)    [W.  S.]    [G.  E.  M.] 

PATRONOMI  (ir«Tpoy6fioi)  were  magis- 
trates established  by  Cleomenes  III.  at  Sparta 
in  his  reformed  coDstitution,  when  he  abolished 


both  the  y^povala  and  the  ephorate,  and  Mt  ap 
the  varpovoftoi  to  exercise,  as  it  were,  a  paterasl 
control  over  the  whole  state  (Pausao.  ii.  9,  l)i 
His  constitution  came  to  an  end  after  the  battu 
of  Sellasia,  B.C.  221 ;  and  we  find  ephon  na^ 
y^powria  again  (Pansan.  iii.  11,  2),  but  wttfa 
diminished  powers;  for  the  Tarpoi4fioi  wer^ 
retained  as  the  chief  magistrates  (called  «rw^ 
Xorrts  r^f  raTpovofdaSy  C,  I,  0,  1356).  Api 
parently  they  were  six  in  number ;  the  chief,  o 
'K'p4(r$vs  rw¥  varpop6f»»yf  was  the  iwAwftos  o: 
the  state, — that  is,  he  gave  his  name  to  th 
year,  which  the  first  ephor  had  formerly  done] 
(Compare  Philostr.  Vit,  ApolL  iv.  32;  PlutiM 
aetU  sit  resp.  ger.  24;  Gilbert,  Btaatsaltertk.  i^ 
24,  26.)  [W.  S.]    [G.  E.  M.] 

PATBO'NUS.  The  act  of  manumission  gar^ 
birth,  as  it  were,  to  a  free  person,  and  created « 
new  relation  between  the  manumissor  and  UmI 
slave,  which  was  analogous  to  thst  betveeq 
father  and  son.  In  respect  of  this  new  relstioq 
the  manumissor  was  called  patrcnus  (from  pater 
and  the  manumitted  person  liberius  or  I 
If  the  manumissor  was  a  woman,  she  becsmi 
patrona;  and  the  use  of  this  word  instead 
matnma  appears  to  be  explained  by  the  want 
a  special  word  to  distinguish  her  position 
respect  of  her  freedmen.  Viewed  with  refer 
to  the  early  ages  of  Rome,  this  patronal  rel»^ 
tion  must  be  considered  a  part  of  the  andeod 
cHentela;  but  from  the  time  of  the  Twelrel 
Tables  at  least,  which  contained  legislative  pro-' 
visions  generally  on  the  subject  of  patrooil 
rights,  we  may  consider  the  relation  of  patronai 
and  libertus  as  the  same  both  in  the  case  oi 
patrician  and  plebeian  manumissores. 

The  libertus  was  attached  to  the  familr,  and 
adopted  the  gentile  name  of  his  msnamissor 
(Lactant.  Inst.  iv.  3,  ^  servus  liberatas  f^trooi 
nomen  accipit  tamquam  filius  ").  Cicero's  freed* 
man  Tiro  was  called  M.  Tullius  Tiro.  [Noxek.] 
The  patronus  and  libertus  owed  reciprocal  dnties 
to  one  another,  the  one  being  bound  to  afford 
protection  and  support  (cf.  Twelve  Tables.  "  Ps' 
tronus  si  clienti  fraudem  fecerit,  sacer  est "),  the 
other  to  show  loyalty  (pbsequium  et  recerentia) 
to  and  render  such  other  services  as  were  dae. 
In  early  times  it  is  probable  that  the  libertni  was 
represented  by  his  patronus  in  courts  of  jostice,! 
suits  being  maintained  by  the  latter  on  his 
behalf.  The  patron  was  the  statutory  gaardisn 
(tutor  legitimus)  of  his  freedman  who  was  under 
age.  It  was  the  duty  of  the  patron  to  fupport 
his  freedman  in  case  of  necessity,  and,  if  he  did 
not,  he  lost  his  jiatronal  rights  :  the  conseqaeocc 
was  the  same  if  he  brought  a  capital  chsreej 
against  him. 

The  libertus  owed  respect  and  gratitade  to 
his  patron,  and  had  to  perform  all  aerrioes  which 
were  regarded  as  tokens  of  this  duty  (oper<ie 
officiates).  In  ancient  times  he  was  subject  to  a 
kind  of  domestic  imperium,  and  might  be 
punished  in  a  summary  way  by  his  patron,  who 
frequently  made  a  tyrannical  use  of  his  sntho* 
rity.  In  later  times  the  patron  had  the  power 
of  relegating  an  ungrateful  freedman  to  a  certsia 
distance  from  Rome,  under  a  law  probably  paeed 
in  the  time  of  Augustus  (Tac.  Ann,  xiii.  26; 
Dio  Cass.  Iv.  13).  In  the  time  of  Nero  it  was 
proposed  to  pass  a  senatnsconsultam  which 
should  give  a  patron  the  power  of  redocin^  hu 
freedman  to  slavery,  if  he  misconducted  himscl/ 


PATBONUS 


PATBONUS 


357 


toiwvd«  his  patroiL  The  metfure  was  not 
eaacted.  but  thu  power  was  given  by  a  consti- 
tuticD  of  Commodns,  A.D.  180-192.  (Dig.  25, 
3,  6.  §  1 :  **  Cam  probatum  tit,  ooDtumeliis  pa- 
traoos  a  Iiberti«  esse  riolatos,  rel  illata  maau 
atroci  ose  palsatos,  aut  etiam  paupertate  vei 
corporu  valctiidine  laborantes  relictos :  primnm 
eos  u  potcstatem  patronoram  redigi  et  minis- 
teriam  dominis  pracbere  oogi ;  sin  autem  nee  hoc 
nKiio  sdmoneantor,  rel  a  Praeside  emptori  addi- 
onitor,  et  pretium  patronis  triboetur.")  The 
rirkt  of  a  patron  to  prosecute  his  freedman  for 
i:k|ratitude  (ut  inffratvm  accuaart),  and  so  to 
leroke  bis  mannmission,  appears  to  have  been 
recofniscd  by  the  Lex  Aelia  Sentia  (Dig.  40,  9, 
SO:  cf.  Inst.  i.  16,  1).  An  ingratns  was  also 
called  ttberUu  impitUj  as  being  deficient  in  pietas. 
It  the  Ubertns  brought  an  action  against  the 
patroDos  («  jut  vooavit)  without  the  leave  of 
the  praetor,  he  was  himself  liable  to  a  special 
action  on  the  case ;  and  he  could  not,  as  a  general 
nle,  institate  a  capital  charge  against  his 
patron.  Disputes  between  patrons  and  freed- 
■»B  were  subject  to  the  extraordinary  juris- 
diction of  the  praetor.  [JuBisoicno.]  The 
hbertuB  was  bound  to  support  the  patron  and 
kis  children  in  case  of  necessity,  and  to  under- 
take the  management  of  his  property  and  the 
tatela  of  his  children ;  if  he  refused,  he  was 
mgratm  (Dig.  37,  14,  19).  If  a  slave  were  the 
property  of  sereral  masters,  and  were  manumitted 
br  all  of  them  and  became  a  Roman  citizen,  all 
cf  them  were  his  patroni. 

In  early  times  freedmen  were  instruments 
ef  acquiring  property  for  their  patrons,  like 
fliTcs.    P.  Rntilius  Rufus  provided  that  in  cases 
•f  dispute  between  them  as  to  property  they 
ikevld  be  regarded  as  co-proprietors  of  it  (Dig. 
3^,  2,  1);  but  the  oath  of  a  freedman  by  which 
k«  bound  himself  to  share  his  property  with  his 
BsaumiiBor    was  subsequently  declared    void. 
The  maaomiaaor  oould,  however,  secure  to  him- 
self certain  rights  over  his  libertus  by  taking 
u  oath  from  him  (see  H.  Brocher,  de  Operit 
LUrtontm^  pp.   38-42),  and  by   stipfUaiionea, 
Tbe  subjects  of  such  promises  were  gifts  from 
tW  Ubertns  to  the  patronus  {dona  et  munera) 
lad  lerviocs  (pperaa).    The  oath  was  not  legally 
nhd,  unlesa  the  person  was  a  libertus  when  he 
too(  it.    If  then  he  took  the  oath  as  a  slave,  he 
M  to  repeat  it  as  a  freeman,  which  seems  to  be 
the  meaning  of  the  passage  of  Cicero,  in  which 
it  fpMks  of  his  freedman  Chrysogonus  (ad  Ait, 
vii.  2;  compare  Dig.  38,  1,  7).    These  cperae 
vcre  of  two  kinds :  officiates^  which  consisted  in 
nstoBuuy  tokens  of  respect  and  affection,  which 
*^re  due   apart   from   contract;  and  fitbrilee, 
v&ich  are   explained   by  the  term   itself,  and 
*)ucb  required  an  express  stipulation.      The 
Hb^«s  determined  by  the  death  of  the  patronus 
^sloB  there  was  an  agreement  to  the  contrary ; 
^  the  fahrUety  being  of  the  nature  of  money 
cr  awney'a  worth,  paued  to  the  heredes  of  the 
fstnaiii,  like  any  other  property.  The  patronus, 
*'ta  he  commanded  the  operae  of  his  libertus, 
*u  aid  ei  cperat  mdkxre  or  imponere  (Gains, 
"162;  Dig.  38,  2,  29). 

Tbe  patron  could  not  command  any  services 
*^k  might  have  the  effect  of  imposing  a 
**r4«&  OB  th«  liberty  of  the  slave  (Dig.  38,  2, 1, 
f  I ;  38, 1,  2,  f  1),  or  any  services  which  were 
d^raoefiil  (fmrpee)  or  dangerous  to  life,  such  as 


prostitution  or  £ghting  in  the  amphitheatre; 
but  if  the  libertus  exercised  any  art  or  calling 
(artifidwn),  even  if  he  learned  it  after  his  manu- 
mission, operae  in  respect  to  it  might  be  reserved 
for  the  benefit  of  the  patron.  The  Lex  Julia 
et  Papia  Poppaea  released  fHedmen  (except 
those  who  followed  the  are  ludicra^  or  hired 
themselves  to  fight  with  beasts)  from  all  obliga- 
tions as  to  gifts  or  opero/e  (imposed  Hbertatis 
caifsa),  who  had  begotten  two  children  and  had 
them  in  their  power,  or  one  child  five  years  old 
(Dig.  38,  1 ;  de  Opens  Libertorum,  i.  37). 

If  liberty  was  given  directly  by  a  testament, 
the  testator  was  the  manumissor,  and  his 
patronal  rights  would  belong  by  the  law  of  the 
Twelve  Tables  to  his  children ;  if  it  was  given 
indirectly — ^that  is,  per  fdetcommisvan — the  per- 
son who  performed  the  acb  of  manumission  was 
the  patronns.  In  those  cases  where  a  slave 
obtained  his  freedom  under  the  S.  C.  Silanianum 
for  having  discovered  his  master':}  murderer,  the 
praetor  could  assign  him  a  patronus;  and  if  this 
was  not  done,  that  person  was  the  patron  of 
whom  the  libertus  had  last  been  the  slave 
(Dig.  38,  16,  3). 

The  patronal  rights  were  somewhat  restricted, 
when  the  act  of  manumission  was  not  altogether 
the  free  act  of  the  manumissor.  For  instance, 
a  person  under  a  trust  to  manumit  [Fidei- 
coMHKsnM]  had  all  the  patronal  rights,  except 
the  power  to  prosecute  for  ingratitude,  the  right 
to  be  supported  by  the  libertus,  and  to  stipulate 
for  munera  and  special  operae  ;  his  rights  against 
the  property  of  the  libertus  were,  however,  the 
same  as  those  of  any  other  manumissor.  (Frag, 
Vat.  §  225;  Dig.  38,  2,  29.)  If  a  slave  had 
given  money  to  another  person  in  order  that  this 
other  person  might  purchase  and  manumit  him, 
the  manumissor  had  no  patronal  rights,  and  he 
lost  even  the  name  of  patron,  if  he  refused  to 
perform  the  act  for  which  he  had  received  the 
money,  and  allowed  the  slave  to  compel  him  to 
perform  his  agreement,  which  the  slave  could 
do  by  a  constitution  of  M.  Aurelius  and  L.  Varus 
(Dig.  40,  1,  4  and  5).  If  a  master  manumitted 
his  slave  in  consideration  of  a  sum  of  money,  he 
retained  all  patronal  rights,  but  he  could  not 
stipulate  for  special  operae,  A  person  who  pur- 
chased a  slave,  and  on  the  occasion  of  the 
purchase  agreed  to  manumit  him,  had  all 
patronal  rights,  except  the  right  of  prosecuting 
for  ingratitude,  in  case  the  slave  compelled  him 
to  manumit  pursuant  to  the  constitution  of 
M.  Aurelius  and  L.  Verus  (Dig.  40,  9,  30). 

A  capitis  deminutio^  either  of  the  patron  or  the 
libertus,  dissolved  the  relation  between  them 
[Caput].  (See  Tac.  Hist,  ii.  92,  where  "jura 
libertorura  "  means  jura  patronorwn  or  jura  in 
libertos,)  The  relation  was  dissolved  when  the 
libertus  obtained  ingemUtat  by  the  nataihun 
restitutio^  but  not  when  he  merely  obtained  the 
jus  aureorum  anulorum  [Inoenuus].  Justinian 
gave  jus  cMuhrum  and  the  natedium  restitutio  to 
all  freedmen  (Abo.  78,  1,  2,  5.)  The  children 
of  a  freedman  were  ingenuL 

The  most  important  of  the  patronal  rights 
related  to  the  property  of  liberti  who  died 
intestate  or  having  made  a  will.  The  subject, 
so  far  as  concerns  the  ante- Justinian  period, 
may  be  distributed  under  the  following  heads : — 

1.  The  rules  of  the  old  civil  law  (Jus  Civile) ; 

2.  The  rules  of  praetorian  law,  comprehending 


358 


PATR0NU8 


PATB0NU8 


4- 


the  bonomm  poasessio  iniestati  and  the  bononun 
potsesth  contra  tabulaa  ;  and  3.  The  rules  of  the 
Lex  Papla  Poppaea  relating  to  the  rights  uf 
patrons. 

1.  By  the  law  of  the  Twelve  Tables,  if  a 
freedman  died  intestate,  without  9ui  heredes^  the 
patronus  was  his  heir.  A  freedman  could  hare 
no  agnates  except  children,  but  his  patron  was 
in  the  position  of  an  agnate  as  regards  his  suc- 
cession. The  legitinva  patronorwn  tiUela  was  not 
expressly  mentioned  in  the  Twelre  Tables,  but 
it  was  a  legal  consequence  of  the  rule  as  to 
inheritance  (dip.  Fragm,  xi.  3).  In  the  case 
of  an  intestate  liberta,  as  she  could  not  have  a 
8uu$  Keres,  the  patron  was  her  heres  in  any 
event.  The  Senatusconsultum  Oifitianum, 
which  was  passed  after  Gains  wrote  his  In- 
stitutes (iii.  51),  and  in  the  last  year  but  one  of 
the  reign  of  Marcus  Aurelius,  made  an  alteration 
in  this  respect,  since  it  gave  children  a  right 
to  the  succession  of  their  mother,  whether  the 
latter  was  ingenua  or  libertina  (Dig.  38,  17,  1). 
These  patronal  rights  belonged  both  to  a 
patronus  and  a  patrona,  and  to  the  liberi  of  a 
patronus  (Ulp.  xxvii.),  whether  natural  or 
adoptive.  It  seems  that  the  children  of  a 
patrona  had  not  by  the  Twelve  Tables  the  same 
rights  as  the  children  of  a  patronus,  since  they 
were  not  in  her  power;  but  the  Lex  Papia 
Poppaea  probably  made  some  change  in  this 
respect  (Unterholzner,  Zeittch.  f,  R.  0.  p.  43, 
&c.).  The  succession  to  the  property  of  a 
freedman  belonged  to  the  liberi  of  a  patronus 
according  to  proximity  of  degree,  as  in  the 
agnatic  order  of  succession.  Thus  a  son  of  a 
patron  excluded  a  grandson.  If  there  were 
several  patroni  or  patronae,  they  divided  the 
inheritance  equally,  though  their  shares  in  the 
libertus,  when  a  slave,  might  have  been  unequaL 
These  patronal  rights  resembled  a  joint  tenancy 
in  English  law,  for  the  survivor  or  survivors  of 
the  patroni  had  all  the  patronal  rights  to  the 
exclusion  of  any  children  of  a  deceased  patronus. 
If  the  patroni  were  all  dead,  leaving  several 
children,  the  hereditas  was  divided  among  all 
the  children  equally  (tn  capita),  pursuant  to  the 
law  of  succession  in  the  case  of  agnation  (Gains, 
iii.  16,  59,  &c.).  If  the  patron  left  no  liberi, 
and  the  freedman  died  intestate  without  sui 
heredes,  the  inheritance  of  the  latter  probably 
devolved  on  the  gens  of  the  patronus.  A  freed- 
man had  free  power  of  disposing  of  his  property 
by  will,  according  to  the  Twelve  Tables,  and  so 
of  excluding  his  patron  from  the  succession 
(Gaius,  iii.  40).  A  patron  could  not  transfer 
his  interest  in  the  patronatus  by  will  or  other- 
wise, except  that  by  a  senatusconsultum,  which 
was  passed  in  the  time  of  Claudius,  he  was 
entitled  to  assign  his  patronal  rights  to  the 
inheritance  of  a  libertus,  to  any  of  his  children 
he  hod  in  his  power,  to  the  exclusion  of  the  rest 
(Dig.  38,  4,  de  assignandis  libertia).  In  order 
that  the  above  patronal  rights  should  exist,  it 
was  necessary  that  the  libertus  should  have  been 
made  free  by  a  Roman  citizen,  and  have  become 
a  Roman  citizen  by  the  act  of  manumission. 
Accordingly,  if  a  free  person  obtained  the  citizen- 
ship, it  was  necessary  that  he  should  have  a 
special  grant  of  the  ji»  patronatus^  in  order  that 
he  might  have  these  patronal  rights  against  his 
freedmen  who  had  been  previously  manumitted, 
and  it  was  necessary  that  they  should  have 


become  Roman  dtiaens  at  the  time  of  mann^ 
mission  (Plin.  Ep.  x.  6).  A  capiHs  deminutixi 
loss  of  citizenship  or  change  of  familia,  either  oi 
the  patron  or  the  libertus,  destroyed  the  patronaj 
rights  to  the  inheritance,  as  already  obserre<| 
(Gaius,  iii.  51). 

2.  The  law  regulating  the  sncceasion  to  tfail 
property  of  deceased  freedmen  was  supplemented 
and  amended  by  the  edict  of  the  praetor,  whj 
extended  the  rights  of  patrons.  The  edict  calle^ 
to  the  succMsion  (hononan  posaeuu))  of  libertj 
who  died  intestate:  (1)  the  liberi  of  thj 
deceased  freedman  (bonontm  possestio  wtde  iibert\ 
[but  if  the  deceased  only  left  adoptive  children 
or  a  wife  tn  manu^  the  patron  had  bonortm 
possenh  to  one-half  the  property  i^ainst  thes^ 
8U\  heredea] ;  (2)  the  patron  and  his  agaati<: 
descendants  (6ofiortafi  poaaeasio  unde  legitimi)\ 
(3)  the  cognatic  descendants  of  the  decease<| 
freedman  {bononun  poaaeaaio  unde  oognati)  ;  (4] 
the  agnates  of  the  patronus  and  patrona  (bonorusi 
poaaeaaio  tanyiuam  ex  famiUa) ;  (5)  the  patronu^ 
patrona,  liberi,  et  parenUa  patroni  patrtmattqtiei 
i.e.  the  patron  of  the  patron,  in  case  the  patroij 
was  himself  a  freedman,  the  children  of  th< 
superior  patron,  and  the  parents  of  the  im^ 
mediate  patron,  if  the  latter  had  been  manuH 
mitted  from  their  mancipium  ;  (6)  the  husband 
or  wife  of  the  freedwoman  or  freedman  (wide  riv{ 
et  uxor') ;  (7)  the  cognates  of  the  patronus  oi 
patrona  to  the  sixth,  or  in  one  case  to  th^ 
seventh,  degree  (bonorum  poaaeaaio  unde  coyna^ 
manumiaaoria), 

A  manumissor  of  a  person  ex  oauaa  manciiii 
was  quasi-patronns  of  the  manumissus  and  had 
the  same  rights  of  succession  to  his  property  u 
a  patronus ;  but  if  a  filinsfamilias  was  manui 
mitted  by  an  extraneus  manumissor  in«t,ead  oi 
by  his  own  father,  the  praetor  poctponed  th< 
claims  of  the  manumissor,  giving  a  prefer<nic^ 
to  the  father  and  certain  other  near  relations  <^ 
the  manumissus  (bonorum  poaaeaaio  unde  deceni 
peraonae),    [Mancipii  Causa.] 

We  have  seen  that  by  the  law  of  the  Twelve 
Tables,  if  the  freedman  made  a  will,  he  could 
pass  over  his  patron  altogether.  But  hj  th^ 
edict,  unless  he  left  his  patron  as  much  as  halj 
of  his  property,  the  patron  or  his  male  children 
could  obtain  bonorvMi  poaaeaaio  contra  tabulas  oi 
one-half  of  the  property,  from  any  persons 
instituted  heirs  by  him,  other  than  children  oi 
his  own  blood  (nciwralea).  An  adopted  child  oi 
the  freedman  or  his  wife  in  his  nanus  conld  no^ 
defeat  this  claim  of  the  patron.  The  patroq 
was  not  excluded  if  the  children  of  the  freedman 
were  exheredated  (Gaius,  iii.  40 ;  Dio  Caaa^  li 
15,  and  the  note  of  Reimarus). 

3.  The  Lex  Pltpia  Poppaea  further  extended 
the  rights  of  patrons  by  providing  that^  if  s 
freedman  had  a  property  amounting  to  a  hundred 
thousand  sestertii  and  fewer  than  three  children^ 
the  patronus  should  have  an  equal  share  with 
the  children,  whether  the  freedman  died  testate 
or  intestate.  A  patrona,  before  the  Lex  PapU 
was  passed,  had  only  the  same  rights  as  a 
patronus  under  the  Twelve  Tables,  not  havin| 
been  allowed  by  the  praetor  the  bonorum  pours i  i/j 
dimidiae  pariia  contra  auoa  noa  natHralta  in  cna^ 
of  intestacy,  or  the  bononan  poaaeaaio  contrti 
tabuiaa.  By  this  lex  a  patrona  ingenua  wh^ 
had  two  children,  or  a  patrona  liberthia  having 
three  children,  were  given   nearly  the    same 


PATBONUS 


PAUPEBIES 


359 


rig,hu  as  a  patron  had  under  the  edict ;  and  a 
(•atrona  ingenna  having  three  children,  was 
fiven  the  same  phTileges  as  belonged  to  a 
f4tron  under  the  statute.  The  lex  also  gnre  to 
pttrona  filia,  mother  of  three  children,  the  same 
rights  as  the  patron  had  by  the  edict ;  that  is,  a 
hglittohalftfae  property  of  the  freedman  against 
a&r  heirs  except  naturaies  li)ero8.  The  son  of  a 
patrona  who  had  a  child  was  put  in  almost  the 
iime  position  as  a  patronus  (Gaius,  iii.  42,  &c.). 
According  to  the  old  law,  as  the  liberta  was 
in  the  legitima  tutela  of  her  patron,  she  could 
m%kt  no  disposition  of  her  property  by  will 
v:thoat  his  sanction  (^patrono  acuctore).  The 
Lex  Papia  freed  a  liberta  from  this  tutela,  if  she 
had  four  children,  and  she  could  consequently 
tii«i  make  a  will  without  the  sanction  of  her 
pttTonus,  but  the  law  provided  that  the  patronus 
^b>>ald  haTe  an  eqoal  share  (jxirs  vt'rtVis)  with 
her  snrnring  children.  In  the  case  of  a  liberta 
living  intestate,  the  Lex  Papia  gare  no  further 
rights  to  a  patrona  who  had  children  (liberis 
k':noratae)  than  she  had  before ;  and  therefore 
if  there  had  been  no  capitis  deminutio  of  the 
patrona  or  the  liberta,  the  patrona  inherited  the 
property,  eren  if  she  had  no  children,  to  the 
exclusion  of  the  children  of  the  liberta.  If  the 
li^rta  made  a  will,  the  Lex  Papia  gave  to  the 
patrona,  who  had  the  number  of  children  re- 
qniied  by  that  law,  the  same  rights  which  the 
edict  gave  to  the  patronus  contra  tabiUas  Uberti. 
It  is  to  be  noticed  that  though  rights  of 
patrooatus  nnder  the  Twelve  Tables  were  pul 
an  end  to  by  capitis  deminutio,  this  was  not  the 
case  with  rights  giren  by  the  Lex  Papia  Poppaea 
(loit.  iii.  4,  2). 

By  the  actio  Fabiana  or  Faviana  and  actio 
Calrisiana  the  claims  of  patrons  to  the  succession 
of  their  freedmen  were  protected  against  aliena- 
tijo  nUer  vivot  on  the  part  of  freedmen.  Under 
the  later  emperors  the  above  rules  as  to  the 
SQccessioB  of  freedmen  were  considerably  changed, 
vMre  especially  by  Justinian.  According  to  his 
Illation,  if  a  needman  or  freedwoman  died 
latestate,  their  natural  children  succeeded  to 
tne  entire  exclusion  of  the  {latron.  In  default 
of  children  of  the  freedman  or  freedwoman,  came 
(I)  the  patron  or  patroness,  (2)  their  children, 
(3)  their  collateral  relations  to  the  fifth  degree. 

If  a  &«edman  left  a  will,  and  had  property  of 
!««  valae  than  100  anrei,  his  power  of  passing 
OTer  his  patron  was  unrestricted.  If  he  had 
property  of  this  amount  and  was  childless,  or 
h«d  distnheritad  hb  children,  the  patronus  or 
F*trasa  and  their  descendants  to  the  fifth  degree 
^  a  right  to  a  third  of  his  property. 

The  rules  of  law  as  to  the  succession  of  the 

patroDos  to  the  property  of  Latin!  liberti  differed 

iQ  Tirioas  respects  ftrom  those  that  hare  been 

explained  respecting  liberti  cires.     Their  pro- 

r^rty  was  regarded  as  peculium  on  their  death, 

^  10  belonged  to  the  patron  as  if  he  had  pre- 

yioQily  been  owner  of  it,  and  not  by  title  of 

la^eritanoe.      Hence    it  came  to  his  extranei 

^^nAtt,  not  to  his  exheredated   children,  who 

^o^ld  hare  taken  it  if  the  freedman  had  been 

^ntRomaaus.    If  there  were  sereral  patrons, 

;t  came  to  them  in  proportion  to  their  interests 

^  the  former  slare,  and  it  was  consistent  with 

^><  doetrine   that   the   share    of   a    deceased 

patroniit  should   go   to  his  heir.     A   Latinus 

Jauaaos  oould  not  make  a  will  (tamquatn  aermu 


moritur).  The  Senatusconsultum  Largianum, 
which  was  passed  in  the  time  of  Claudius,  assimi- 
lated to  some  extent  the  devolution  of  the  pro- 
perty of  Latin!  with  that  which  took  place  in  the 
case  of  cires  liberti.  It  enacted  that  the  property 
of  Latini  should  go  first  to  those  who  had  manu- 
mitted them  ;  then  to  their  liber!  who  were  not 
expressly  disinherited,  acrording  to  proximity ; 
and  then,  according  to  the  old  law,  to  the  heredes 
of  the  manumissor.  The  only  effect  of  this  sena- 
tusconsultum was  to  prefer  liberi  who  were  not 
expressly  disinherited  to  extranei  heredes. 

As  to  the  lowest  class  of  freedmen,  called 
dedUidif  there  were  two  rules.  The  property  of 
those  who  on  their  manumission  would  have 
become  Roman  citizens  but  for  their  baring 
suffered  some  infamous  punishment,  came  to 
their  patroni  as  if  they  had  been  Roman  citizens. 
The  property  of  those  who  on  their  manumis- 
sion would  hare  become  Latini  but  for  the  im- 
pediments thereto,  came  to  their  patroni  as  if 
they  had  been  Latini.  In  the  time  of  Justinian 
all  freedmen  were  cires  Roman!. 

As  to  the  other  meanings  of  patronus,  see 
Cliens,  Colonus,  Orator.  (Gaius,  iii.  39-76 ; 
Ulpian,  Frag,  xxrii.,  xxix. ; — Dig.  87,  14,  15 ; 
38,  1,  2,  3; — Institutes,  iii.  8;  (Jnterholzner, 
Ueber  das  patronaiitche  Erhrecht.  Zeittch. ; 
Huschke,  Studien  des  ROm,  RechUy  i.  59,  and  in 
Rhein.  Mtu.  ri.  95,  &c. ;  A.  Schmidt,  Leu 
Pfiichttheilsrecht  des  Patromu^  &c. ;  Walter, 
Geschichte  des  R6m.  Rechis,  §§  494-500 ;  Rein, 
t>  Iku  Rdm.  Privatrechtf  597,  &c. ;  Kuntze,  Cursus 
des  R9m,  Rechts,  i.  §§  801-805,  ii.  §§  531-533 ; 
Keller,  Inst.  §  254;  Puchta,  Inst.  ii.  §  215,  iii. 
§  296.)  [G.  L.]    [E.  A.  W.] 

PAVIMENTUM.  [Domus,  Vol.  I.  pp.  656, 
685;  PiCTURA.] 

PAVONA'CEUM.    [Tegula.] 

PAUPE'RIES  was  the  legal  term  for  damage 
to  property  done  to  a  person  by  a  domesticated 
animal  belonging  to  another  person,  contrary  to 
the  nature  of  the  animal  causing  the  damage 
and  without  any  fault  of  its  owner.  According 
to  the  law  of  the  Twelre  Tables,  the  animal 
must  be  a  quadrupes  pecus,  to  be  able  to  giro 
rise  to  pauperies ;  but  a  Lex  Pesulania  extended 
the  law  to  dogs,  and  the  praetorian  law  com« 
prised  under  this  head  all  domesticated  animals. 
If  the  damage  done  by  such  animal  wns  due  to 
the  fault  of  the  owner,  it  was  not  pauperies,  but 
unlawful  damage  to  property  [Damnum  in- 
juria datum].  Pauperies  excluded  the  notion 
of  unlawful  conduct ;  it  is  defined  as  **  damnum 
sine  injuria  fadentis  factum,"  for  an  animal 
"  quod  sensu  caret "  could  not  be  said  to  hare 
done  a  thing  injuria.  It  was  required  that  the 
damage  should  be  contrary  to  the  ordinary  nature 
of  the  animal :  thus,  if  a  horse  was  incited  by 
some  one,  as  by  his  striking  it,  or  kicked  by 
another  animal,  the  damage  it  did  to  a  person  in 
consequence  was  not  pauperies  on  its  part.  In 
case  of  pauperies  arising,  the  law  of  the  Twelre 
Tables  gare  the  injured  person  an  action  against 
anyone  who  was  owner  of  the  animal  at  the 
time  of  action  being  brought,  the  liability  pass- 
ing to  a  transferee  if  the  animal  was  alienated 
after  it  had  done  the  damage  (noxa  caput 
sequitur).  The  right  of  action  ceased  if  the 
animal  died.  By  this  action  the  owner  of  the 
animal  was  required  either  to  gire  up  the 
animal  to  the  injured  party  (noxae  dare)^  or  to 


360 


PAU8ABIUS 


PECULATUS 


pay  the  full  amount  of  damages.  Thus  the 
actio  de  pauperie  belonged  to  the  class  of  noxales 
adumes — such  as  were  brought  against  a  house- 
father on  account  of  the  delicts  of  his  sons  and 
slaves.  (There  was  probably  a  special  action  of 
pauperies  called  actio  de  pattu  pecoris,  on  account 
of  cattle  grazing  on  a  neighbour's  crops.)  The 
actio  de  pauperie  and  other  nozal  actions  seem 
to*  have  been  first  given  in  order  to  prevent  an 
injured  party  taking  the  law  into  his  own  hands, 
as  he  was  likely  to  do  if  he  had  no  other  remedy. 
Nozal  surrender  originated  in  an  archaic  state 
of  society,  and  traces  of  it  are  widespread.  (Cf. 
the  Greek  $\d$ii  rerp«r^«y  icol  ArSpoirtfSify, 
Meier  and  Schumann,  Att,  Proc.  477;  PJatner, 
Proc,  ii.  371 ;  Voigt,  ZioOlf  TaMuj  U.  $  143, 
n.  2  ;  and  see  Holmes's  Conunon  Law,  Lecture!., 
as  to  the  suggestion  that  noxal  liability  arose 
out  of  a  primitive  notion  of  vengeance.) 

Wild  animuls  could  not  make  their  owner 
liable  for  pauperies,  but  an  owner  of  such  animal 
was  liable  under  the  'Aquilian  law  for  any 
damage  it  caused  owing  to  his  negligence,  while 
in  his  custody ;  but  if  a  wild  animal  got  away 
from  his  master,  he  was  not  liable  according  to 
Jus  Civile,  because,  when  the  animal  got  away, 
it  ceased  to  be  his  property.  The  aedile's  edict, 
however,  made  a  person  liable  to  an  actio  popn^ 
laris  for  damage  done  in  a  place  of  public  resort 
to  a  free  person  by  a  dog,  boar,  wild  boar,  bear, 
or  lion,  which  he  had  neglected  to  keep  under 
proper  control  (Inst.  iv.  9 ;  —  Dig.  21,  1,  40, 
§  1;  41,  42,  deaeJ.  Ed,), 

(Inst.  iv.  9 ;  Dig.  9,  1,  si  qtutdrupes  pauperiem 
fedaee  dioatur ;  Thibaut,  Versuche,  ii.  8;  Zim- 
mem,  System  der  r6mischen  Noxalktagen,  79- 
117 ;  Gesterding,  Zeitach,  f.  Cioilrecht  w%d  Proc. 
iv.  261-288  ;  Vangerow,  iii.  §  689 ;  C.  Sell,  Aua 
dem  Noxalrechte  der  Bdmer  ;  Voigt,  Ztrd/  Ta/ein, 
i  143.)  [G.  U]    [E.  A.  W,] 

PAUSA'RIUS.    [PoRTiacuLus.] 

PEOTEN  (icTfffi).  The  use  of  the  comb  Is 
almost  universal,  for  it  is  known  to  all  tribes  who 
have  learnt  to  weave.  It  is  of  pre-historic  origin, 
since  combs  have  been  found  in  the  cave-dwell- 
ings of  the  early  Stone  Age  (Boyd  Dawkins,  Early 
Man,  p.  267);  while  specimens  made  of  bone, 
horn,  and  wood  turn  up  in  coosiderable  numbers 
in  the  remains  of  the  Swiss  lake-villages  (Keller, 
Lake  DweUings,  pp.  119,  385,  and  638,  £.  T.). 
Most  of  these  early  combs  seem  to  have  been 
used  for  weaving,  or  for  the  subsidiary  processes 
of  carding  wool  or  heckling  flax,  and  it  would 
seem  that  they  were  employed  for  such  purposes 
at  least  as  soon  as,  if  not  sooner  than,  for  dress- 
ing the  hair.  For  its  use  in  weaving,  see  Tela. 
It  was  also  used  for  carding,  a  process  which 
is  mentioned  by  Homer  (cljpta  (cuytiF,  Od,  xzii. 
423  ;  and  §1pia  m/icffiy,  Od.  xviii.  316),  as  one  of 
the  ordinary  household  occupations.  Naturally 
enough,  mention  of  such  menial  every-day  work 
is  not  common  in  literature,  but  there  can  be  ntf 
doubt  about  the  use  of  the  comb  for  these  pur- 
poses throughout  the  whole  of  antiquity.  Thus 
Pliny  says  that  it  was  used  for  working  flai 
(ff.  X  xix.  §  17)  and  silk  {ib.  xviii.  $  297),  and 
from  inscriptions  (Gruter,  648,  2)  we  learn  of 
the  existence  of  a  guild  of  peciinarii  ianarU 
eodales.  Elsewhere  the  heckler  or  carder  is 
called  pei^iwUor  (icrcKitfT^s),  or  oarminator. 

Combs  used  for  heckling  and  carding  do  not 
seem  to  have  been  as  yet  discovered  in  Greece  or 


Italy,  but  iron  heckling  combs  with  a  Isr^ 
number  of  sharp  teeth  have  been  found  ia 
Egyptian  graves  (Wilkinson,  iiL  140,  No.  537). 
Much  more  common  are  the  combe  for  hair- 
dressing,  which  have  been  found  in  considerable 
numbers  on  almost  every  ancient  site.  Liters* 
ture  gives  but  little  information  of  their  use. 
except  that  it  was  considered  a  mark  of  boorish- 
ness  to  go  about  with  uncombed  hair  (Juv.  zir. 
194).  The  elaborate  head-dresses  shown  on 
works  of  art,  both  Roman  and  Greek,  are,  how- 
ever, in  themselves  quite  sufficient  to  prove  that 
the  comb  was  an  indispensable  article  of  tb« 
toilet,  especially  in  early  times,  when  both  mea 
and  women  wore  their  hair  long  and  carefully 
dressed.  For  the  Spartan  custom  of  combing 
their  hair  before  a  battle,  see  Herod.  viL  208. 

Combs  are  not  often  shown  on  the  monuments, 
but  appear  on  tome  Roman  portrait  4>usts  of 
ladies  stuck  as  an  ornament  into  an  elaborate 
head-dress  (Kurz  and  Weisser,  LebaMder^ 
pi.  ix.  fig.  17).  On  a  sepulchral  slab  in  Gori. 
Inscript.  pi.  L  p.  10  (Banmeister,  Denkmaler, 
fig.  827),  a  double  fine-toothed  comb  b  shown 
along  with  other  toilet  articles.  Such  combs 
have  been  fonnd  in  great  numbers  in  Greece 
proper,  the  Crimea,  Etruria,  Pompeii,  &c.,  msde 
of  wood,  bone,  and  ivory,  all  of  the  same  pattern, 
being  precisely  similar  to  those  found  in  i^pU 
and  to  those  used  in  the  present  day.  Bozwwd 
was  a  favourite  material,  and  the  comb  is  fre- 
quently spoken  of  as  buxwn  simply  (Ovid.  Fast. 
vi.  229  ;  Juv.  /.  c).  Ivory,  however,  and  bronze 
were  also  used ;  but  this  latter,  at  any  rate,  in 
most  cases  only  for  combe  with  one  rowof  teetK, 
which  had  highly-decorated  handles,  and  were 
evidently  intended  to  be  worn  in  the  hair.  These 
are  not  unlike  combs  used  for  the  same  pnrpoie 
now,  but  have,  as  a  rule,  triangular  or  semi- 
circular handles.  Barbers  were  in  the  habit  of 
cutting  hair  per  pectinem,  to  er  sure  its  not  being 
too  short  (Plant.  Capt,  ii.  2,  18). 

Dictionariea  will  supply  some  other  mesniags 
of  the  words  rrclt  and  pecten  which  need 
not  be  specified  here.  (See  also  Marqnsrdt, 
Privatieben,  p.  601;  Banmeister,  DenkmSler, 
p.  775;  Coma.)  [W.  C  F.  A] 

PEOUA'BU.      [SCBIPTURA.] 

PECULA'TUS  is  the  misappropriation  or 
theft  of  public  or  sacred  property,  whether  it 
was  done  by  a  public  functionary  or  by  a  privste 
person.  Labeo  (Dig.  50,  9,  2)  defines  it  thus: 
**  pecuniae  publicae  ant  sacrae  furtum,  non  sb 
eo  factum  cnjus  pericnlum  est,*'  the  qualifyinj^ 
part  of  the  definition  meaning  that  there  conld 
not  be  peculatus  in  respect  of  property  entrasted 
to  an  official  to  hold  at  his  own  risk.  The 
person  guilty  of  this  ofience  was  peculator. 
Cicero  (de  Off.  iii.  18, 73)  enumerates  pecMom 
with  eioarii,  venefcif  tedameniarii  (forgers  of 
willsX  and  /tires.  Peculatus,  derived  from  peao* 
a  term  which  originally  denoted  that  kind  of 
movable  property  which  was  the  chief  sign  of 
wealth  [Pecuxia],  seems  to  have  signified  in 
early  times  the  theft  of  cattle,  peculatus  pablica» 
having  been  the  offence  of  stealing  cattle  from  a 
magistratus  which  he  had  taken  as  mnUa  or  ss 
poena  sacramenti  (Voigt,  Ztrdlf  Tafeln,  ii.  §  137, 
n.  17 ;  cf.  Varro,  L.  L.  r.  19,  95,  •*hinc  [i.«.  » 
pecude]  pecnlatum  publicum  primo  turn,  cam 
pecore  diceretur  multa  et  id  esset  coactnm  ni 
publicum,  si  erat  aversum ;  '* — Fcstns,  S37  s,  13; 


FECULIO,  ACTIO  DE 

ill  3,  18;  303  b,  13;  — Pml.  Ksc.  75,  11). 
ffctilata*  wu  puDiibcd  id  early  timei  by  tbs 
uflictiao  or  a  bttrj  tnuita  on  ttie  oficndeT  (Lit. 
L  3;.  uv.  37,  lUTii.  58 ;  Qell.  viL  19).  Origia- 
ill  J  brul*  for  pecnUtai  wtrc  before  tbe 
(•polu  ST  before  tbe  Hute  (Lit.  t.  32,  iixvii. 
5],  iiiTiii.  M).  Id  tba  time  of  Ciaro  mmttera 
(f  pecnUtiu  were  oneofthe  quatitumei  perpetuat 
(jra  Cbum.  53,  U7 ;  pm  Mw.  20,  42),  which 
implie*  tome  Lei  d«  recaUtu,  thoagh  there  ii 


of  11 


E  lei  ii 


T>o  legH  relaliog  to  pecuUtDI  ire  cited  in 
Itt  Digcit,  Lei  Jnlii  |KcnUtai  and  Lci  Julia  de 
midaii,  but  these  may  perbapi  be  two  chaptera 
at  tbe  lame  lei,  juat  li  tbe  Lei  Jnlja  de  adal- 
ttnu  eomprued  aprovbioD  dtfuttdo  dotali,  which 
(tiipur  i*  ofteD  quoted  a*  if  it  were  a  aeparote 
III.  Tbe  Lei  de  reeidoia  applied  to  those  who 
iud  recaived  pnblic  mone;  for  pablio  purpoaee, 
ud  had  retained  it  when  they  ought  to  hare 
vni  it  over  ("apnd  quem  pecunia  pnblica 
raeidit").  The  offence  diften  from  ordinary 
ptcnlitu  in  that  it  ii  t»Drtitnt«d  by  a  mere 
vmmias.  The  penalty  onder  thii  lei  on  con- 
rinicti,  borrowad  from  the  Lei  Siila,  waa  a  third 
part  of  the  sum  niaiaed  besides  liability  to 
nslitation.  Saoilegiam  is  treated  as  a  kind  of 
perolatos  under  tba  Lex  Julia,  a  ■acrilega*  being 
•ne  who  plnnden  aacred  property  of  a  public 
kind  (so  eiclnding  tacm  privata).  For  an 
tccDnot  of  the  >p«ial  puniibmenta  with  which 
tkii  oEfrnce  was  risited,  see  art.  SACKiuniUM. 
Tbe  Let  Jolia  pecalatos  embraced  or  wu  ei- 
teaJed  by  iBtarpretation  to  Tarioni  ipeciei  of 
pblic  frauda,  some  of  which  alto  belong  to  the 
"van  /sJm,  as  certain  coinage  offences,  blsi- 
batioo  of  public  lerounta  or  of  documenU  of 
Utie  to  poblic  land,  be.  The  punishment  for 
peeniitDs,  which  noder  tbe  Lei  Julia  wu  agvae 
It  ijiiu  vUefthctio,  waa  snbseqoetitly  ctiui|[ed 
iits  drjarlalio:  the  property  of  the  olTender 
m  Ibrfcited.  Special  punishment!  were  in- 
&(tcd  in  the  case  of  particnlir  species  of  pecu- 
Istu.  (Dig.  48,  13,  adligtm  Juiiam  ptculatut 
tl  dr  socri^i  (t  de  rmVfius ;  Cod.  9,  28  ;  Inst. 
>T.  la,  9 ;  Panl.  Sent.  5,  27 ;  Kain,  Dot  Crinimal- 
ncU  de-  BSmtr,  p.  672 ;  Rndorff,  SSmiKlit 
SitUigfekicUe,  ii.  %  118;  Walter,  Btmitche 
KiciUqaMeUt,  S  813.)  [O.  L]  [E.  A.  W.] 
PECU1JO,  ACTIO  DE.  [Servus,] 
PECUIilDM.  [Sbbcus.] 
PECUXIDM  CABTBESSE.  [Patbi*  Po- 
Tnrii.] 

PEOIinA.  In  the  use  of  this  woH  for 
"nxHMy,'  we  hare  a  record  of  tbe  fact  that  in 
pnmitiTB  time*  in  Greece  and  lUly  values  were 
nlnlated  in  aheop  and  aien.  Stamped  money 
■M  introdnccd  into  Asia  Minor  and  Greece  in 
""  7tb  tcntnry ;  into  Rome  in  the  5th.  For 
*t  htitory  of  Greek  coins,  see  PoNDBRa;  for 
"at  ef  Roman  coini,  tee  As;  while  a  few 
pDtnl  remaib  ai  to  the  ose  of  money  in 
utiqoitr  will  be  found  under  NnMCa.  [P.  O.] 
PBCU'NIA  GEHTA.  [OBLTatTiONEs.] 
PSCTTNIAB    BEPETUNDAE.      [Repb- 

PEDA-NEUS  JUDEX.     [Jcdbx    Peda- 

mctl 
PKDA'Rn.    [SMiTta.] 

PEDrBEQUi;  a  class  of  sIstss,  whose  duty 
■«  te  (rilow  their  master  when  he  went  out  of 
u  bow,  whiU  the  utaambolo  preceded  him. 


361 

Tbe  peJise^ui  seem  to  have  furmed  a  spei:ial 
class  ofilaTes,  which  wiu  almost  tbe  lowest  of 
all  (Nep.  Attic.  13 ;  Pliut  Mil.  Qlor.  ir.  'i, 
18 ;  Ter.  A<vir.  i.  1,  9S;  Cic.  ad  Att.  ii.  16). 
There  was  n  nmilar  class  of  female  ilarei,  called 
ptditeqaae  (Plant.  Am.  i.  3,  31).  Sereial  in- 
scriptions bearing  on  this  point  are  cited  in 
Marquardt,  iViont/eim,  p.  HB  ;  compare  Becker- 
GOII,  Ofl/Iui.  ii.  154.  [W.  S.]    [G.  E.M.] 

PEDUU  (jtQpirn,  Theoc.  Tii.  43),  a  crod. 
The  accompanying   woodcnt 


PedBiD.   (From  a  peintln|. ) 

C'nting  foQnd  at  Citita  Vecchia  (.inf.  d^Eroa^ 
a.  Tol.  iii.  tav.  53).  It  showi  the  crook  in 
the  band  of  a  shepherdess.  (See  alio  woodcut  to 
OKILLUa.) 

The  crook  is  continually  seen  in  works  of 
ancient  art  in  tbe  hands  of  Pan  (Sii.  lUI.  Fu%. 
liil.  334),  and  ia  also  tbe  usual  attribute  of  Thalia, 
a*  the  Hose  of  Pastoral  poetry.  The  \a!YM0i\ov 
(Theoc  It.  49,  vii.  ISS,  prob.  =  aaAai^,  11. 
iiiii.  841)  was  a  stick  thrown  to  collect  cattle 
(oHginally  to  kill  hares,  lic>  somewhat  like  a 
"boomemng"  (Stepbani,  Compie  Smdu,  1867; 
Fritiache  ad  Theoc  ;.  c).     [J.  Y.]    [G.  E.  M.l 

PBGMA  (woYfu).  *  structure  of  planka 
joined  together,  and  so  in  it*  simplest  form 
shelres  in  the  atrium  for  inxi^iKS  (Anson,  Epigr. 
26, 10)  or  book<shelre*  (Qc  ad  AU.  iv.  8) ;  but 
in  a  special  sense  the  origin  of  onr  word 
pagaanl,  an  edifice  of  wood  consisting  of  two  or 
more  stages  {pegmata  of  four  atages  appeared  in 
the  triumph  of  Titus :  Jos.  B.  J.  rii,  5,  5), 
which  were  nised  or  depressed,  eipanded  or 
closed  at  pleasure  by  means  of  weights  sctinr 
with  rope*  and  pnllep  ("ponderibu*  reduclis, 
Claadian,  dc  Mall.  TheoJ.  Omi.  3£3— 328; 
Senec.  Ep.  39;  Prudeot.  npl  Xtc^.  x.  1016). 
These  great  machines  were  used  in  the  Roman 
amphitheatres,  and  for  spectacles  in  general,  and 
to  aome  eitent  resembled  the  contriraDces  for 
transformation  scenes  in  a  modern  pantomime 
(Jut.  iv.  121;  Mart.  i.  2;  Suet.  Claud.  34). 
They  were  moved  on  wheel*:  sometimes  they 
were  richly  decorated ;  oTtrlnid  with  silTer 
(Plin.  H.  If.  iiiiil.  $  63).  At  other  times  they 
eihibiled  a  magnificent,  though  dangerous,  dis- 
play of  fireworks  (Claudian,  I.e.;  Vopisc.  Carin. 
15).  Gladiator*  or  other  performers  were  bom« 
aloft  upon  them,  and  some  editors  give  ptg- 
mfirtf*  aa  signifying  hence  giadiatort ;  bqt  in  the 
passage  of  Suetonios  (Calig.  26),  where  alone 
the  word  is  sappoted  to  occur,  the  reading 
paegnian't  ia  more  probabl*.       Stnbo  aaw   in 


362 


PELANOB 


PELLIS 


the  fonun  a  Sidlian  brigand-chief  placed  on  a 
pegma  representing  Aetna.  The  machine  was 
«o  constructed  as  suddenly  to  fall  asunder  and 
precipitate  him  among  the  wild  beasts  (Strab. 
vi.  p.  273;  Mayor  on  Jut.  /.  c).  Phaedrus 
{r.  7,  7)  mentions  an  accident  to  a  tibicen  on  a 
pegma.  [J.  Y.]    [G.  E.  M.] 

PE'LANOB  (wdXtofop)  is  mentioned  by  Hesy- 
chius  (s.  V.)  as  a  coin  in  use  at  Sparta,  equivalent 
to  four  x^*^^^  ^^  ^^^^  ^°  Attic  oboL  Plu- 
tarch {Apophtheg.  Laoon.  p.  903)  says  that  it 
was  an  iron  coin  of  the  weight  of  an  Aeginetan 
mina  (20  Troy  ounces).  These  cumbrous  coins 
seem  to  hare  constituted  the  coinage  of  Sparta 
down  to  the  time  of  Alexander  the  Great ;  at 
least,  no  gold,  silver,  or  copper  coins  of  Sparta 
of  an  earlier  date  than  B.O.  310  are  extant. 
(Brit,  Mua,  CatcUogue  of  Coins^  Peloponnesus, 
p.  xlvii.)  [P.  G.] 

PEliATAE  (TffXdraO  are  defined  by  Pollux 
(iii.  82)  and  other  authorities  to  be  free  labourers 
working  for  hire,  like  the  0^cs,  in  contradis- 
tinction to  the  Helots  and  Penestae,  who  were 
bondsmen  or  serfs,  having  lost  their  freedom  by 
conquest  or  otherwise.  Aristotle  (op.  Phot.  s.  v. 
ncXch'cu)  thus  connects  their  name  with  T«A.as : 
ncA^roj,  he  says,  from  irtAas,  oXov  fyyttrra  iiii 
W9via¥  wpoatom^s :  ue.  persons  who  are  obliged 
by  poverty  to  attach  themselves  to  others. 
Timaeus  {Lex,  Plat.  s.  v.)  gives  the  same  ex- 
planation. n«Airi)i,  i  iurrl  rpo^w  ihn}pcT«r  koI 
'rpoowcA^^Afv.  Its  origin  is  therefore  something 
like  that  of  UdrriSf  but  it  has  more  complete- 
ly the  notion  of  dependence^  for  sustenance  as 
well  as  for  protection.  This  will  explain  how 
some  later  Greek  writers  came  to  use  it  to 
translate  the  Latin  dienSf  though  the  relations 
expressed  by  the  two  words  are  by  no  means 
similar  (fiknys,  i.  83;  Plut.  Rom.  13).  The 
work  of  the  vcXctnff  was  probably  as  a  rule,  if 
not  always,  field  labour :  whether  a  groom  who 
was  fu<riir6st  not  a  slave,  as  in  Plat.  Lys, 
p.  208  A,  could  rightly  be  called  vtA^nji,  cannot 
be  determined.  In  Plat.  EtUhyphr,  p.  4,  we 
find  a  vcAtinjf  working  in  the  fields  along  with 
the  slaves,  and  the  word  diyrt^ta^  is  applied 
more  than  once  in  that  dialogue  as  the  proper 
term  for  his  labour  [cf.  Thetes].  Its  proper 
sense  of  free  labour  was  not,  however,  always 
preserved  in  later  Greek.  Plutarch  (Ages.  c.  6) 
also  uses  the  word  rather  loosely  for  Helots, 
and  we  are  told  of  a  nation  of  Illyrians  (the 
Ardiaei)  who  possessed  300,000  prospelatae, 
compared  by  Theopompus  (rip.  Ath.  vi.  p.  271, 
d,  e)  with  the  Helots  of  Laconia.  (Miiller,  Dor. 
iii.  i,  §  7 ;  Wachsmuth,  Hellen.  Alterthumsk. 
vol.  i.  pp.  361,  811,  2nd  ed. ;  Hermann,  Qriech. 
Staataalterth.  §  101,  n.  9 ;  Becker-Gtfll,  Chariklm^ 
iii.  46.)  [R.  W.]    [G.  E.  M.] 

PELLEX.    [CoKcnsiNA.] 

PELUS.  There  can  be  no  doubt  that  the 
oldest  inhabitants  of  Italy  and  Greece,  no  less 
than  those  of  the  rest  of  Europe,  were  clad 
mainly,  if  not  entirely,  in  skins.  The  period, 
however,  when  skins  were  thus  universally  worn, 
though  the  ancients  assumed  its  existence  just 
as  we  do  (cf.  Varro,  B.  B.  ii.  11,  11;  Propert 
V.  1,  12),  has  left  no  trace  in  literature  or  art, 
except  perhaps  in  the  costume  of  certain  gods, 
who,  like  Herakles  with  his  lion-skin,  remained 
true  to  primitive  fashion.  In  Homeric  times 
skins  were  worn  as  a  mantle  over  the  shirt  by 


the  poor, — Odysseus,  for  instance,  dons  a  hair- 
less deer-flkin  over  the  rags  of  a  beggar  (Otf.  xiiL 
436;  cf.  Hesiod.  Op.  545), — ^by  archers  (Paris, 
Ii.  iii.  16),  and  by  warriors  when  reconnottring, 
as  by  the  Greeks  in  the  Doloneia  (/if.  x.  23, 
29,  197,  334).  The  manner 
in  which  such  skins  were 
worn  is  very  possibly  shown 
by  the  figure  of  Hermes  on 
the  Fran9oi8  vase,  where  he 
wears  a  skin  fastened  cloiely 
and  symmetrically  on  hia 
body  by  two  clasps,  the  fore- 
legs at  his  shoulders,  the 
hind-legs  hanging  down  hia 
thighs. 

Besides  their  use  as  gar- 
ments, skins   of  wild    and 
domestic  animals,  especially 
fleeces,  were  used    as    rugs 
and   bedding.    Leather,  too, 
of  some  kind  or  other  was     Figure  of  Hennei.^ 
employed  for  the  mannfac-  (From  Fiaogob  vase.) 
ture  of  shoes,  caps,  harness, 
armour,  and  the  other  manifold  nsea  to  which 
leather  is  put. 

The  picture  given  by  the  literature  of  classical 
times  is  not  fkr  difieroit  from  the  Epic,  for 
there,  too,  the  use  of  skins  aa  garments  is 
confined  to  shepherds  or  folk  in  ont-of-the-waj 
parts.  Pausanias  tells  of  people  in  Enboea  sod 
Phocis  who  wore  tunics  of  pig-skins  (viii.  1,  2\ 
and  says  that  the  Ozolian  Locrians  owed  their 
name  to  the  evil  smell  of  the  undressed  akins 
which  they  wore  (x.  38,  2). 

A  number  of  the  o'ik^imu  ^o^jfre i  are  cata- 
logued and  described  by  Pollux  (vit.  68, 70).  The 
best  known  are  those  which  are  menti<Hked  in  Ari- 
stophanes, where  they  occur  as  the  nrments  of 
the  poor,  or  as  bed-dothes  and  rugs.   They  are  :— 

(1)  The  iif$4pa,  which  was  a  shepherd's  cloak 
or  coat  of  goat-skins  sewn  together  (Aristopli. 
Nub.  71 :  cf.  Ecd.  80 ;  PUto,  Crit,  p.  51), 
According  to  Pollux  (vii.  70),  it  had  a  hood  and 
could  be  pulled  over  the  head.  The  garroeot 
worn  by  the  shepherd  in  the  Ifuaeo  Pio  Gem. 
iii.  34  seems  to  answer  to  this  description  and 
to  be  a  Zi^ipa. 

(2)  The  aurifpOf  acconiing  to  Pollux,  wss  a 
tunic  with  sleeves  of  skins,  with  the  hair  turned 
inwards  (eiavpn,  x""^  ck&tipos  ivrfix^s 
XnptZteris).  It  seems,  however,  to  have  been 
more  of  a  cloak  than  a  tunic,  and  was  worn  for 
warmth  (Arist.  Ban.  1459),  but  was  apparently 
even  more  frequently  used  to  sleep  in  (Id.  ^r. 
122)  as  a  blanket  (Id.  Ecd.  421)1  The  thir%, 
the  cloak  of  shepherds  in  Sicily  (Theoc  iii.  25; 
V.  15),  and  elsewhere,  seems  to  hare  been 
practically  identical  with  the  Attic  919^  (cf* 
Schol.  ad  Arist.  Vesp.  738X  both  being  doobt- 
less  of  goat-  or  sheep-skin.  In  late  aothort  the 
term  vtcdpa  may  possibly  mean  a  piece  of  cloth 
(Lucian,  Bhet.  Praec.  16 ;  Longus,  Past.  ii.  3). 

(3)  Tbe  Ktermititcn  was  a  coarse  tunic  trimmed 
with  sheep-skin,  and  was  worn  by  slaves  sod 
labourers  in  the  country  ( Arist.  Xys*  1151* 
1155;  Athen.  vi.  p.  271).  Slaves  at  Sicyon 
went  by  the  name  of  tnfrmwtuco^opoi  (Theopomp. 
Hist.  195). 

(4)  The  ciroXks  was  a  leather  jerkin  won  by 
slaves  over  their  tunic  (tfiSpo^  Ac  tfyfuirft  «flri 
ro^ff  AfUfvs  i^arr6pLtms^  Pollux*  vii*  70;  cf. 


PELLI8 

.Ixist.  Av.  ftSa,  935,  944).    It  was. also  worn  by 
:Mldien  (Xen.  Anab,  iiL  3,  20 ;  ir.  1,  18). 

Besides  these  gannents,  Dio  Chrysostom 
mcnitona  (ii  382)  the  icoaff^/i0n  as  a  shaggy 
shepherd's  coat,  and  Hesychios  says  ic6wo9  was 
ased  with  the  same  meaning. 

Greek  art  gires  Tery  little  information  about 
the  use  of  skins.  Herakles  appears  in  early  art 
closely  enTeloped  in  lus  lion-skin,  in  later  art 
wearing  it  hanging  from  his  arm  or  shoulder, 
and  Dionysus  and  his  train  are  represented  in 
»potted  &wn-ekins  [Nebbis];  but  there  is 
nothing  in  either  case  to  lead  one  to  suppose 
that  the  eostume  represented  is  one  of  ordinary 
use.  In  the  same  way  the  skins  which  coTer 
chairs  in  mythological  scenes,  like  the  assembly 
•f  the  gods  on  Uie  Sosias  cyliz  of  the  Berlin  ' 
Mnseom  (Jfon.  <L  IniL  i.  25)^  do  not  seem  to 
occur  in  representations  borrowed  from  actual 
life.  In  fact,  the  only  articles  of  dress  of  this 
material  which  may  reasonably  be  considered 
actual  are  the  fox-skin  caps  which  some  of  the 
hders  on  the  Parthenon  frieze  wear,  and  the 
huntii^-boots,  which  show  the  paws  and  tail  of 
the  skin  from  which  they  were  roughly  made. 

In  Roman  literature  garments  made  of  skins 
an  not  rery  often  mentioned.  Yet  the  shep- 
herds and  goat-herds  wore,  as  they  do  to  this 
day  (pnrticnlarly  in  the  malarious  regions  of  the 
Cunpagna),  skin  coats  with  sleeves  (peiles  mani- 
oatae^  Colum.  J7.  J7.  i.  89).  The  specific  names 
of  such  garments  hare  not  surrived  except  in 
the  case  of  the  mattruca,  a  sheep-skin  ooat  worn 
in  Sardinia  (Quinct.  i.  5,  8). 

Keller  has  collected  sereral  passages  illus- 
tiating  the  use  of  bear-'ikins.  They  are  worn 
by  Arcadian  auxiliaries  in  the  first  Messenian 
war,  and  by  the  ngniferi  in  the  later  Roman 
army  (Veget.  u.  16,  borne  out  by  many  monn- 
menU) :  in  SUtius  {Theb.  iv.  304)  the  Arcadians 
hare  a  bear's  head  on  their  shields:  in  Silios 
ItaLir.  558,  an  Apulian  horseman  in  the  Second 
Pumc  War  wears  a  bear-skin  instead  of  a  cuirass ; 
'io,too,  Ancaeus  the  Arcadian  (Orph.  Argon.  199 ; 
ctAceatas  in  Verg.  Aen,  t.  37):  according  to 
:$trabO|  xrii.  p.  S9S,  the  people  of  Mauritania 
wore  ikina  of  lions,  panthers,  and  bears :  for  beds 
we  hare  bear-skins  mentioned  in  Verg.  Aen,  tUI. 
;)68,  Or.  Met,  xii.  319. 

One  of  the  most  important  uses  of  skins  at 
Rome  was  as  a  covering  for  military  tents 
[TABBurACULUX],  whence  sti6  pellibus,  *<under 
canvas"  (Caes.  B.  G.  iii.  29,  &c.).  The 
pctfwfMs  (Plant.  Men,  ii.  3,  54,  400),  peUiarii 
(Varre,  L.  L,  viii.  55%  and  pettionarii  were 
iaiportant  enough  to  form  guilds,  for  a  oottegium 
ptUkmariormm  is  mentioned  in  an  inscription 
(Beincs.  L  283;  Donat.  p.  235,  2).  These 
crtftsnun  probably,  even  in  early  times,  pre- 
psxed  furs  as  well  as  goat-skins  and  sheep-skins. 

The  custom  of  using  furs,  both  as  rugs 
^drofffOa  peiiicia^  Dig.  3^  2,  25)  and  as  articles 
of  diess  ipdU9  kidutoriae),  though  furriers'  shops 
«e  spoken  of  by  Varro  (X.  L.  viii.  55^  did  not 
become  customary  until  the  time  of  the  Empire, 
vhea  oontact  with  fnr^wearing  peoples,  such  as 
the  Germans  (cf.  rheno,  a  German  coat  of  rein- 
deer skin  afterwards  adopted  at  Rome:  Cnes. 
B.  G.  vi  21)  brought  them  in.  They  speedily 
vers  recognised  as  ordinary  articles  of  dress 
("vcstisetenim  ex  pellibus  constabit,"  Dig.  34, 
2;  23|  1 3)^  and  the  growing  demand  for  them 


PBLTA 


363 


supported  a  lively  trade  at  the  factories  in 
Southern  Russia  (e.  g,  Tanais  on  the  Don,  Strab. 
iL  p.  493),  as  well  as  in  Cappadoda  {Tat.  Orbia 
Deacr,  §  40).  The  importance  of  furs  as  an 
article  of  commerce  is  shown  by  the  Edict  of 
Diocletian,  in  which  skins  of  oxen,  goats,  sheep, 
lambs,  deer,  wild  sheep,  stags,  martens,  beavers, 
bear,  wolves,  foxes,  leopards,  hyaenas,  lions,  and 
seals  are  enumerated,  as  well  as  Morocco  leather 
of  different  kinds.  Tanning,  or  at  any  rate  the 
careful  dressing  of  skins,  was  known  as  early  as 
the  Homeric  age,  when  we  find  various  kinds  of 
leather  in  use  for  harness,  armour,  and  clothing. 
Even  in  the  case  of  skins  used  as  bed-clothes  it 
was  apparently  the  exception  to  have  any  not 
tanned,  for  the  iMi^^jfros  ^ci;  on  which  Odysseus 
slept  (^Od.  XX.  2,  142)  was  used  by  poor  folk. 

Among  the  common  people  many  doubtless, 
like  Eumaeus  (^Od.  xiv.  34:  cf.  Hes.  Op.  519), 
made  their  own  shoes  and  garments  fh)m  raw 
hide,  dressing  them  roughly  with  oil  to  render 
them  soft.  However,  there  were  even  at  this 
period  professional  workers  in  lei^ther,  such  as 
was  Tychios,  iTKVTorSftanf  Apurros  (i7.  vii.  322), 
who  nuuie  Ajax's  shield.  Shoe-making  and 
tanning  seem  to  have  been  carried  on  by  the 
same  man  even  in  classical  times  (Aristoph.  Eq. 
314,  869;  Theophr.  Char.  16).  [For  the 
process  of  tanning,  see  Goriariub.] 

Literature. — Bliimner,  Technologies  i.  p.  254  eq. ; 
Hermann-Bliimner,  Lehrbuch,  iv.  pp.  175-6; 
I  wan  Miiller,  ffandbuch,  iv.  pp.  396,  806,  880, 
931 ;  Albert  Muller,  SiihnenalterthSmer,  pp.  237» 
250,  252  ;  Becker-Gall,  Charikles,  ui.  260.  f. ; 
Marquardt,  PrwaUtben^  p.  587 ;  Keller,  Thiere 
des  klaae.  Alterth.  1887.  [W.  C.  F.  A.] 

PEL(yBIA  (vffAcipia),  a  festival  celebrated 
by  the  Thessalians,  which  is  compared  to  the 
Roman  Saturnalia.  Its  origin  was  traced  to 
the  ancient  Pelasgian  times.  Sacrifices  were 
offered  to  Zeus  Pelorios;  and  to  the  splendid 
banquets  any  strangers  were  admitted,  prisoners 
were  set  free,  slaves  enjoyed  the  greatest  liberty 
and  were  even  waited  upon  by  their  masters. 
(Athen.  xiv.  p.  639 ;  cf.  ranofka,  Abhandl,  der 
Berlin.  Akad.  1839,  p.  35.)  [L.  S.] 

PELTA  iw4\T7f),  a  small  shield.  Iphicrates, 
observing  that  the  ancient  CuPEUB  was  cumbrous 
and  inconvenient,  introduced  among  the  Greeks 
a  much  smaller  and  lighter  shield,  from  which 
those  who  bore  it  took  the  name  of  peltaetae 
[ExERCiTUS,  Vol.  I.  p.  776].  It  consisted  prin- 
cipally of  a  frame  of  wood  or  wickerwork  (Xen. 
Anab.  ii.  1,  §  6),  covered  with  skin  or  leather, 
without  the  metallic  rim.  [Antyx].  (Timaens, 
Lex,  Plat.  s.  V.)  Light  and  small  shields  of  a 
great  variety  of  shapes  were  used  by  numerous 
nations  before  the  adoption  of  them  by  the 
Greeks.  The  roand  target  or  cetra  was  a 
species  of  the  pelta,  and  was  used  especially  by 
the  people  of  Spain  and  Mauretania.  [Cetra.] 
The  pelta  is  also  said  to  have  been  quadrangular 
(Schol.  in  Thuc.  ii.  29).  A  light  shield  of 
similar  construction  was  part  of  the  national 
armour  of  Thrace  (Thuc.  ii.  29 ;  Eurip.  Aloes. 
498,  Bhee,  410;  Max.  Tyr.  Diss.  xix.  1,  xxiii.  2) 
and  of  various  parts  of  Asia,  and  was  on  this 
account  attributed  to  the  Amazons,  in  whose 
hands  it  appears  on  the  works  of  ancient  art 
sometimes  elliptic,  as  in  the  bronzes  of  Siris 
(woodcut,  p.  79),  and  at  other  times  variously 
sinuated  on  the  margin,  but  most  commonly 


394  PELTASTAE 

with  ■   MtnidrcnJu  indcDUtion  on   mu 
C  Innatii  peltia,"  Verg.  Am.  i.  499,  li.  663), 
VuTo,   L.   L.   Tii    43,  coDipiim  thii  ti      ' 
iinci/«.      [Salii.]      a  Tue    fragnmit    ii 


Brillih  Mtueum. 


.  E  793)  thowt  cl»rlr 
1  and  coaatniction  of  th«  /mala  jxlta ; 
two  Pfniin.  cMbit  the  two  >idn  of  the 
"hidd.  [W.  S.]    [A.  H.  S.1 

PELTASTAE.  [EXEUcmrs,  Vol.i.  p.  776.1 
PELVIS  (nHorirrV),  ■  reml  fur  wuhing 
th«  r«et.  Thu«  miich  ii  clrsrrram  Varrn'i  dcri- 
vation,  "  pedetri)  n  pednm  IsTxtioDe  "  (£.  i.  t, 
119),  though  etvmologicillj  th«  word  ihsoU  b« 
lonnectw!  with  rAA<i;  to  which  PaUai  (i.  78) 
K>T«  much  the  umi  mmDing  (•»  L«iicoiu.  (.  c. 
t/aAs).  It  w«  lometimet  of  Mrlheowiirf 
(Sohul.  ad  Jnv.  iii.  377),  but  probibly  more 
oltta  of  bronze  (Jut.  i.  64) ;  also  of  the  taoit 
coatly  Corinthiui  broDie  (Orel!.  3B3B;  >H  Aes, 
1>.  39):  in  Pelron.  TO  we  linl  ■  iliTer  pelvii; 
but  that  »  for  holding  ointment.  The  wordi 
pellmia  and  peffun'uni  are  other  name*  for  the 
ume  Teasel  (Feit,  p.  161;  Id.  A^t.  207);  bnt 
the  poilu'inuH  was  nied  either  for  hands  or  feet : 
in  Feit.  p.  247  it  =  pelTis;  in  Urio*  And.  aod 
Fabius  Plot.  (ip.  Non.  544)  it  U  used  to  eiprea 
the  Qreek  xff*«¥  (■>'  xW**')  «nil  =  tratltaoK, 
a  basin  for  waihing  the  hands  (Hen.  547);  no 
doDbt,  liJce  the  Greek  \t^i  (  Od,  i.  137,  lii.  :t86), 
it  might  be  need  for  either  purpose.  It  must 
be  obierTed  that  in  both  cases  the  water  was 
ordinarily  poured  from  the  jng  infixtm,  vre«i>. 
tat)  orer  the  feet  or  hands  into  the  Usin.  Ai  a 
special  name  for  th*  wash-hand  basin,  we  have 
the  malUaiam  (Feit.  p.  16!)  =  x^firrrrinv 
(Poll.  1.  90).  The  pelTis  was  also  nsed  Sat 
washing  op  cops  and  dishes  (Non.  544).  As 
regards  the  ordinary  shape  of  the  pelris,  we 
may  gather  from  the  patulae  ptlmi  of  Jut. 
iii.  167  that  it  wa*  wide  and  shallow.  The 
relief  of  the  washing  of  Ulysses'  feet  (Baa- 
inei»ter,Z)ni*ma/n-,  iig.  1357)  shows  a  somewhat 
deeper  vessel.  The  iHoUaBitua  in  the  Aldobmndini 
marriage  picture  (ift.  S46)  is  like  a  washing- 
basin  of  the  present  day.  (Becker-Gell,  Qallut 
iL  371  i  Mayor  op  Jot.  i.  64.)  [0.  E.  M.] 

PENATES.  See  Dicl.  of  Gr.  and  Som. 
Biogr.  and  Ityth. 

PENESTAE  (nriarai),  Thessallan  serfs. 
The  word  is  no  doubt  Irom  the  root  of  Wrufuu, 
rdivf,  wir^i  (Dionys.  ii.  9 ;  Curxiuj,  Gr,  Etym. 
273X  and  we  must  reject  the  ancient  deriration 
quoted  bolow.  The  Penestae  ofThessaly  wen  old 
inhsbitiints  of  the  lend  conquered  and  rednced 
to  Tillenags  by  the  Theiprolians :  according  to  | 


PBNTATHLOS 

Theopompos,  they  ware  Perrhsebian*  and  Uag- 
netes  (Athen.  ti,  p.  265);  bat  Aristotle  (Ptl. 
ii.  9,  it)  distinguishes  tbew  tribes  ftom  the 
Penestae,  speaking  of  them  rather  as  Perioed 
than  a*  serfs.  Others  call  thtm  Petasgi,  or,  ia 
other  words,  regarded  them  as  the  primiiin 
indigenous  people  of  Thrasalj ;  while  Arche- 
machns  (ap.  Athen.  »i,  p.  264)  gives  the  bllowinc 
acconxt  of  them :— "  The  Aeoiiao  Boeotians  who 
did  not  emigrate  when  their  country  Thesssly 
-as  conquered  (compare  Thuc  i.  12),  bnt  fiom 
love  of  home  surrendered  themselTes  to  serre  Iht 
Tictors.  on  condition  that  they  sbonld  not  be 
carried  out  of  the  country  (whence,  he  adds, 
tbey  were  formerly  called  Kaiarai,  but  after- 
wards nsr^irru),  nor  be  put  to  death,  bnt  ihonld 
caltivate  the  land  for  the  new  owners  of  the 
soil,  paying  by  way  of  rent  a  portion  of  the 
produce  of  it ;  and  many  of  them  are  richer 
than  their  Dusters."  It  appears,  then,  that  they 
occapied  un  intermediate  position  bet  wen 
purchased  slaTes  and  freemen,  being  radnced  to 
serfdom  by  conquest,  and  they  an  generalle 
conceiTed  to  hare  stood  in  the  same  relation  t* 
their  Thessallan  lords  as  the  Helots  did  to  the 
SpaMiatae  ;  bnt  this  is  not  exactly  the  case,  lor 
they  were  apparently  not,  like  the  Helots,  serb 
of  the  state,  but  belonged  each  to  some  fsnuly 
for  whom  the  personal  serrice  was  perfbnntd. 
for  which  reason  they  were  sometimes  called 
eeTToAjuiSTai  (Athen.  ri.  p.  264  a).  They  wer* 
very  numerous,  for  iostanos,  in  the  families  oFIhe 
Aleuadacand  Seopadae  (Theoc.  it!.  35;  Holler. 
Dor.  iii.  4,  5  6),  but  they  were  not  only  lillsn 
of  the  soil;  they  formed  the  retuoers  of  these 
great  families,  and  served  under  their  masters 
as  cavalry;  a  body  of  300  Penestae  nader 
Uennn  of  Pbarsalna  assisted  the  Athenians  in 
he  Peloponnesian  war  (Dem.  c.  AriiL  p.  687, 
S  199 ;  [Dem.]  >«pl  Xurrof.  p.  173,  {  23). 
They  rcMmbled  the  Helots,  hawerer,  in  the  &ct 
that  they  often  rose  against  tbeir  masters 
(Arist.  Po/.  I.  c>  (See  also  Onite,  J7M.  9" 
Qretot,  ii.  pp.  373-376  ;  Gilbert,  StaaUaiUrlkl- 
-!r,  ii.  16f.)  [R.W.]     ra.  K.M.] 

PEN1CILLU8.    rPionrSA.] 
PBNTACOSIOMEDIMNL    rCwtfci,Vol. 

I.  p.  40SJ  ■■ 

PENTADO'HON.    [lATRft.1 
PENTAETEM8    (mraeripl.).     [Oltm- 

PENTA'LITHUS.  rT*Lr™.l 
PENTASPASTON.  [Micmsit  p.  108.1 
PENTATHLON  (w/m«Aor,  ;iw>7usrtw>). 
The  penUtblon  was  one  of  the  competilitr 
gamee  of  the  great  festirals  of  Hellas,  in  which, 
as  the  name  denotes,  the  competitors  cntend 
for  a  group  of  five  contests.  These  fire  were 
leaping  (JU/ia),  the  fooUraa  (fip6pin\  throwing 
the  quoit  (I/irmi),  throwing  the  spear  (lavs  or 
ojtiinmr),  and  wrestling  (rdAq).  They  are  in- 
cluded in  the  compact  and  conrenient  peats- 
meler  of  Simonides : 


in    tnese    lines   the   nmtests  are    placed    Id  s 
slightly  diOerent  order,  the  foot-race  bung  Isit 


PENTATHLON 


PENTATHLON 


365 


bat  one,  iattead  of  Mcond.  This  is  also  the 
order  gifoD  by  the  Scholiasts  on  Pindar  (ad 
Idhm.  i  35)  and  on  Sophodes  {ad  Elect.  691), 
irho  are  not  tfmramelled  by  metre.  We  may 
tbereloR,  and  for  other  reasons  to  be  touched 
«■  later,  suppose  this  order  to  be  the  riffht  one. 

Of  these  fire  contests  the  9(fffcof,  ipifAos,  and 
«Ui|  are  described  elsewhere  (see  Discus, 
^TAsnnc,  and  LacrA},  The  leaping  (Aa/m) 
was  what  we  call  ^  the  long  jump/'  measured  by 
distance  on  the  ground,  and  not  by  height.  The 
jamper  habitually  aided  himself  by  holding  in 
Us  hands  aA.T%Ms,  weights  of  metsl  or  stone, 
something  like  our  dumb-bells  (see  art.  Hal- 
TKREB),  which. he  dropped  when  he  took  off, 
thereby  gaining  additional  impetus.  But  even 
if  we  take  these  hkriipts  into  account,  and  even 
imagine  the  further  assistance  of  a  spring-board 
(for  which  there  is  no  authority),  we  can  never 
feel  abaolutely  satisfied  as  to  the  enormous 
leaps  mentioned  by  Greek  writers.  The  greatest 
is  that  attributed  to  Phaj^Uus  of  Kroton,  who  is 
ssid  to  have  cleared  a  distance  of  fifty-five  feet. 
The  Scholiast  on  Lucian  (ad  Somn,  a.  OalL  6) 
writes :  tAw  vp^  o^ov  9K«wri¥rmv  if  w69as  tud 
rwArmn  wqddfipTipv,  d  ^dDAAos  Mp  ro^s  /  vdrv 
Mihiav.  Among  modem  athletes  the  longest 
jumps  recorded  scarcely  attain  to  even  half  this 
dirtance  (the  Hellenic  foot  differing  little  from 
oars :  see  Mb2I8URA),  without  the  use  of  arti- 
ficial aid.  With  the  assistance  of  weights 
(iArii^ffX  '^  ^P  of  29  ft.  7  in.  was  made  at 
Chester  in  1854.  We  are  almost  driven  to 
think  that  the  iXf$a  must  have  been  rather  a 
taocession  of  bounds  than  a  single  one — ^possibly 
such  a  oonteet  as  that  known  in  modem  sports 
u  **  the  hop,  step,  and  jump,"  where  each  foot 
touches  the  ground  once  between  taking  off  and 
alighting  finally.  The  best  *^hop,  step,  and 
jvDp "  on  record  is  49  it.  3  in.,  which  closely 
approaches  the  feat  of  Pha^llns.*  But  this  u 
of  course  a  purely  conjectural  inference,  and  a 
somewhat  bold  one,  though  not  without  con- 
siderable plaosibility. 

In  the  passage  quoted  above  from  the 
Scholiast  on  Lucian  the  word  OMOMrirrwr  will 
be  obsenred.  So  Pindar  (Nem,  t.  19,  ed.  Boeokh) 
writes: 

mmmmtkU   MA< 


It  will  hardly  do  to  say  with  the  Scholiast  on  this 
psssage  that  rk  4<rKafifi4ra  are  the  scratches  on 
the  ground  marking  the  length  of  the  other 
competitors'  leaps,  for  it  would  seem  that  they 
are  to  be  made  before  the  leaps  are  taken — as 
indeed  the  words  of  the  Scholiast  on  Lucian 
imply:  rjk  4^ieafifi4pttf  then,  were  probably  a 
space  of  broken-up  soil  prepared  in  order  to 
break  the  shock  of  alighting,  besides  giving  the 
jtimpers  a  mark  to  jump  towards,  and  facili- 
tstiag  the  after-measurement  of  the  distance 
cleared. 

The  hUrriaWf  a  spear  or  javelin,  was  probably 
thrown  at  a  mark,  but  definite  details  of  this 


*  TUs  sonestion  wss  made  to  the  writer  of  this 
«tkls  by  Mr.  J.  B.  BCsrtln,  tben  President  of  the 
I^ndon  llUetie  Club.  According  to  a  recent  traveller, 
tbs  **bopk  step,  end  jump'*  is  praetissd  by  modem 
Gieckroalte. 


contest  are  wanting.  In  vase  representations 
the  weapon  is  thrown  by  a  thong  (see  figure  in 
article  Habta),  which  gave  it  a  rotatory  motion 
and  thus  increased  the  steadiness  of  its  flight, 
on  the  principle  of  our  rifled  guns. 

There  remains  the  perplexing  question  of  how 
the  total  competition  of  the  pentathlon  was 
regulated  and  decided ;  and  with  this  b  con- 
nected the  question,  already  touched  on,  of  the 
order  of  the  five  distinct  but  component  events. 
We  may  sav  with  some  confidence  that  the 
order  was  that  accepted  above, — viz.  leaping, 
throwing  the  quoit,  throwing  the  spear,  the  foot- 
race, wrestling.  Thu  order  is  supported  not 
only  by  the  authority  of  Custathius  and  the 
Scholiasts  already  quoted,  but  also  by  the  follow- 
ing most  important  passage  in  an  ode  of  Pindar 
(Nem.  vii.  70-73),  written  in  honour  of  a  boy 
who  had  won  the  prise  in  this  competition  at 
the  Nemean  Games.  The  passage  contains, 
according  to  a  habit  of  Pindar's,  a  simile  allusive 
to  the  victory  celebrated.    He  writes : 


luH  r4piia  wpnfiim  flLcov^  Art  x«^o*'^>P«ov  opvoA 
ovX^  *^  irMrof  aSiavToy,  t&9mv%  vplr   mXi^  yvZoK 

('^  I  swear  that  without  overstepping  the  bound 
I  have  sent  forth  the  swift  speech  of  my  tongue 
as  it  were  a  bronse-headMl  javelin,  such  as 
saveth  from  the  wrestling  the  strong  neck 
sweatless  yet,  or  ever  the  Umbe  be  plunged  in 
the  sun's  fire.")  This  seems  plainly  to  imply 
that  if  a  competitor  proved  himself  the  best  man 
in  the  three  first  contests  he  was  then  exempt 
from  contending  in  the  two  last  (which  would 
also  naturally  be  the  most  exhausting  of  the 
five).  Of  two  matched  competitors,  therefore, 
the  winner  was  the  one  who  **  scored  the  odd 
event."  This  leads  to  the  further  conclusion 
that  at  the  beginning  the  competitors  were 
drawn  in  ties— A  against  B,  C  against  D,  £ 
against  F,  and  so  on.  Then  suppose  A,  C,  and 
E  each  to  have  won  three  out  of  nve  contests  in 
their  respective  matches ;  these  winners  would 
be  drawn  again.  Suppose  A  to  be  drawn 
against  0 ;  then  £  would  be  an  l^eSpos,  or  bye, 
rad  would  be  matched  with  either  A  or  C  for 
the  final  heat  (or  rifyt).  This  is  illustrated  by 
the  story  in  Pausanias  (iii.  2,  6)  of  Tisamenos,  a 
descendant  of  the  £leian  seer  lamos,  who  settled 
among  the  Lacedaemonians.  Misinterpreting  an 
oracle  which  promised  him  success  *Mn  five 
glorious  contests,"  he  thought  himself  destined 
to  win  the  pentathlon,  and  trained  and  entered 
for  it  accordingly,  but  &wi)A9sy  ^m|9e/r*  icoiroi 
rk  Zito  y%  ^v  wpAror  icol  yitp  ip6fi^  re  ^irpdrci 
fcol  wifS^/urrc  *l§pArvfuop  '^AySpioK,  jroronraXcu- 
<r0elf  9k  irir*  o^ov  ical  i^utpritrrrit  rUnis — ^he  came 
to  understand  that  the  oracle  had  foretold  his 
success  not  in  games,  but  in  battles.  Here  it  is 
implied,  though  Pausanias  thinks  it  needless  to 
say,  that  though  Tisamenos  won  in  the  leap  and 
the  foot-race,  he  was  beaten  in  the  two  throw- 
ing competitions,  and  therefore  lost  the  total 
match  by  being  finally  beaten  also  in  the 
wrestling  (aarenroXfluo^iff). 

Of  course,  if  there  were  many  entries  for  the 
pentathlon,  the  labour  for  the  best  competitors 
would  be  very  great,  and  also  the  successive  ties 
would  take  a  long  time.    Probably,  however. 


866 


PEKTEC06TE 


PER  CONDICTIONEM 


th«  iirst  ooBttderfttion  would  make-  the  field 
small,  and  the  second  accounts  for  the  fact  that 
in  the  Oljmpias  games  three  Hellanodikai  were 
appointed  to  judge  in  the  pentathlon.  Thus 
three  matches  could  be  going  on  at  once. 

The  pentathlon  was  highly  esteemed  in  Hellas 
for  its  influence  on  both  health  and  comeliness, 
as  promoting,  a  completer  development  of  the 
body  than  any  of  the  single  oontests;  and  it 
was  in  especial  favour  among  the  Spartans,  whe- 
disapproved  the  injuries  and  disfigurements 
incidental  to  boxing  and  the  paacration.  [A  full 
and  able  .discussion  of  most  of  the  points  here 
touched  .on  will  be  found  in  an  article  by  Prof.- 
P.  Gardner  in  the  Journal  of  HeUemc  StucUea^ 
vol.  i.  p.  210.  Some  /urther  remarka  by  the 
writer  of  •  the  pvesent  article  occur  in  the  next 
volume  ,of  the  Journal^  vol.  ii  p.  217.  For- 
explanations  differing  from  those  here  given,  see* 
A.  .  Holwerda's  Zwn  Pentathlon.  {Ardimol, 
Zeitung^  1881,  p.  206);  and  Fedde's /7^  Ain/'*' 
kampf  der  HdletL  may  be  consulted.]     [£.  M.} 

PENTECOSTE  (w^rrjiKwrrii),  a  customs- 
duty  of  2  per  cent,  levied  probably  upon,  all 
exports  and  imports  at  Athens  (Harpoc.  s«  t7.). 
It  is  kttovrn  to  have  been  levied  on  wc^Uen  cloth 
and  other  manufactured  goods  (Demosth.  Maid. 
p.  558,  §  133),  on  ruddle  (C.  /.  A,  2,  546  = 
Hicks,  No.  108),  on  cattle  <C.  ./.  A.  2,  8Ua, 
A39  s  Dittenberger,  No.  70;  Bioks,  Ho.  .82X> 
and  on  com  [Demosth.]  'Ihaer.  p.  1353,  §  27. 
Corn,  however,  .^jould  4>nly  be  imported,  ex* 
portation  being  prohibited  (Pint.  Sohm^  24). 
On  imports  the  duty  waa  payable  on  the  un<- 
loading  (Demosth.  LaoriL  p.  932,  §  20) ;  on 
exports,  probably  when  the  goods  were  sUpped. 
In  paying  the  duty  the  merchant  was  said  myriy* 
Kwri^^fhi  (Dcmofith.  /.  c).  The  cnatomawere 
fanned  out,,  probably  from  year  to  year.  They 
were  let  to  the  highest  bidders  by  the  vmAsito^ 
[PoLETiJs]  acting  under  the  authority  of  the 
senate.  The  farmers  were  called  rtkShmi 
[TfiLONSS],  and  were- said  ianfttcBwi  rj^r  9§rnf 
Ko<n"f\v,  The  chairman  or  principal  of  a  com- 
pany of  r^Kiveu  was  called  kpx^*^^  (Andoc 
17.  Boeckh,  Staatahaushaitui^,  is  apparently 
wrong  in.  Bk.  iii.  6  about  the  4px^*^  ^^ 
irffrn}KO(rr^  in  this  passage  -of  Andocides ;  the 
vtrrtiKoirTii  meant  must  be  the  import-4uty,  aa 
Bk.  iiL  4  takes  it).  Whether  the. customs  on 
different  articles  of  merchandise  wese  farmed 
together  or  separately  does  not  appear.  The 
corn-duty,  at  least,  was  kept  distinct(|[Demo8th.] 
Neaer,  1.  c).  But  Andocides  speaks  (p.  17)  as  if 
all  the  w§prTiKi&<rr^  was  farmed  at  once.  The 
collectors  of  the  duty  (vemiffeoToX^c)  kept 
books,  to. entries  in  which  (diroypo^)  Demo- 
sthenes appeals  {Phorm.  p.  909,  §  7).  For 
calculations  i^  to  the  amount  of  revenue  derived 
at  Athens  from  this  source,  or  in  Macedonia, 
Thrace,  or  Rhodes,  the  reader  may  consult 
Boeckh,  vol.  i.  pp.  384-7.  Pollux  (viii.  132) 
appears  to  identify  the  wtmiKoarii  with  a 
charge  called  the  4K\tft4ifiop  \  but  it  is  more 
probable  that  the  latter  waa  merely  a  duty 
paid  for  the  use  of  the  harbour.  Another  tax 
at  the  Piraeus  waa  the  ^waroffT^,  or  1  per  cent, 
(cf.  Xen.  £ep,  Ath.  i.  17),  but  it  is  impossible 
to  discover  what  the  tax  waa.  It  may  have 
been  identical  with  the  cXAift^rior,  but  there  is 
no  proof.  For  the  speculations  on  its  nature  of 
Boeckh  and  of  his  editor  Fraakel,  see  the  3taat9' 


hauahaitwtff,  edit.  31,  voL  L  p.  890,  and  vol.  ii. 
p.  77^.  Aristophanes  (  Feqiue,  ^8)  mentions 
many  taxes  of  1  per  cent.  Smuggling  wss 
practised  in  Attica  at  the  ^atfwr  Aifi^r  (Demosth. 
£acr.  p.  932,  §  28):  see  DiaL  Gtag.  i  S25b. 
[Elumsniobi;  Tbuonxs.] 

Nothing  seems  to  he  known  of  eostsmsHlttttes 
imposed  ^ihe  Atheniaoas  by  land.     [¥.  T.  B.] 

PENTE0O6TY8  (vfrnfaofrr^).     [£x£R- 
CITU8,  VoU  I.  p.  769  o.] 

PEPLU8.    [Paiuuh.] 

PEB  CONDICTIO'NEM.  This  form  of 
statute  process  (Ugit  actio),  says  Gains  (iv.  18), 
was  so  called  because  the  plaintiff  gave  notice  to 
the  defendant  to  be  present  in  court  on  the 
thirtieth  day  after  the  notice^,  im  mtder  that  a 
judex  might  be  appointed  (**  eomdioeie  aotem 
denuntiare  est  prisca  lingua:"  odmpare  CScU. 
X.  24;  Paul,  ex  Fetto,  s.  v.  condioert;  Brass, 
p.  23fii).  It  was  a  form  of  personal  ndiini,  that 
is,  an  action  founded  on  an  oUigajkion  bctwetn 
the  parties  to  it,  and  Apjdicable  in  those  cases  in 
which  the  plaintiff  claimed  that  the  defcndaat 
was  bound  to  transfer  *  to  him  owncMhip  of  a 
thing  .{qui  intgndii  dan  opotiere).  This  Isgii 
actio  was  introduced  by  a  Lex  SilU,  the  date  of 
which  is  uncertain  (according  to  Voigt  it  was 
between  325  and  329  A.UX3. ;  see  on  this  subject 
Mairhead'a  Itdr.  1,  §  40,  u.  d),  in  the  esse  of  s 
money  debt,  and  by  a  Lex  <^a^iixiiia,  the  date  of 
which  is  also  uncertain,  in  the  ease  of  any  other 
definite  thing  (perta  res).  Gteius,  who  wrote 
long  after  the  legis  actio  had  oeued  to  be  tii^ 
ordinary  prooedore,  uhaerves  tiwt  it  does  net 
appear  why  this  Ibrm  of  action  was  needed,  for 
in  the  case  of  an  obligation  to  transfer  (dM 
oportere)  there  were  the  forms  of  action  by 
sacramentum  and  per  judida  postdalioam. 
The  best  conjectural  explanation  of  this  difficulty 
seems  to  -be  that  the  judids  postnlalio  wss  ovly 
applicable  to  particular  obligations  defined  by 
statute,  and  was  mot,  liks  the  legis  actio  per 
oondactionem,  a  general  action  for  the  reoovsiy 
of  a  debt,  and  that  the  process  of  oondictio  was 
1ms  formal  and  more  conrvenient  to  suitors  than 
that  by  sacramentnmi 

According  to  Keller  {Cw.  Proa,  2^  $  18,  ed. 
Wach)  and  some  other  modem  writers  (cf. 
Eisele,  Except,  p.  158 ;  Bekker,  Act.  1,  75),  the 
notice  in  condictio  was  an  informal  proceeiing 
executed  out  of  court,  the  parties  being  thus 
saved  the  preliminary  appearance  before  the 
magistrate,  and  the  necessity  of  using  solemnta 
verba.  But  that  the  notice  did  not  require  the 
presence  of  the  magistrate  seems  improbable, 
considering  the  formal  character  of  the  legis 
actio,  and  the  statement  of  Gains  (iv.  29)  that  in 
all  legis  actiones  except  pignoris  capio,  the  pro- 
ceedings took  place  "  apnd  praetorem  praeseote 
adversarto"  (for  other  reasons,  see  Keller,  cp. 
ctY.,  note  by  Wach).  The  denuntiatio  would, 
however,  be  a  summary  proceeding ;  and  when 
the  parties  reappeared  on  the  thirtieth  'day  lo 
receire  a  judex,  the  plaintiff  would  limply  state 
that  he  claimed  certa  pecunia  or  cexta  res  frev 
the  defendant  without  giving  the  ground  of  bis 
daim  at  this  stage,  and  thus  the  ac^on  wosM 
be  allowed,  not  only  an  account  of  money  lent 
(j)ecunia  credita),  but  in'  all  cases  where  the 
property  of  the  defendant  had  been  unjastiiiBbly 
increased  at  the  expense  of  the  plsAStiff  (m^ 
Baron,  Die  Condictionemt  and  Huiihead,  M^* 


P£B  JXJDIOIS  P06TULATI0NEM 


PER  PIGNORIS  OAPIOKEM    367 


p.  3&4>  Bat  it  was  Decenary  tlMt  certa 
pecuia  or  oeita  na  ahould  be  claimed,  and  thns 
the  pUiatiir  ran  the  risk  of  plus  petitio.  [Acno, 
Vol.  L  p.  19.] 

A  party  to  ooadictio  escaped  the  liability  of 

ksring  to  pay  a  onmma  saeramenti    to    the 

BafistntaB    [SACRJiafBimm] ;    but   it  seems 

probable  that  a  sponsio  and*  restipnlatio,-  a  kind 

•f  judicial  wager,   had  to  be  entered  by  the 

parties  when  they  came  to  reoeiTe  a  judex,  at 

itMSt  in  the  case  of  pecnnia  eredlta;  the  sum 

lUhed  was  m  third  part  of  the  object  of  conten- 

tksL    Sir   Henry  Maine  {Earhf  Imt.  LeoCnre 

ix>)  regarda  the  sponsio   and   restipulatio  as 

the  easeniial  •ftetore   of  condietio,    and    the 

tpenslo  and  restipulatio  as-  a  means  adopted  by 

UtigsDta  of  settling  disputes,  instead  of  baring 

recourse  to  violence.     Acoording  to  hb  riew  of 

the  eondiotio,  the  wager  was  entered  into  by  the 

parties  tttmadiately  on  notice  being  given,  and 

Bot,  ss  is  generally  supposed,  on  the  appeai*anoe 

of  the  partica  before' the  magistrate  to  reeeive  a 

jadex.    The  action  ^led  condietio  under  the 

fennalary  procedure  dereloped  out  of  the  legn 

Ktio  per  ooadiotionefB,  hot  the  notice  whence 

the  icgis  aetio  took  its  name  was  discontinued. 

The  condietio   was  either   an    actio  do-  certa 

p^eania  with  a  sponsio  tertiae  partis,  or  an  actio 

de  certa  re^  called  ixfMUcHo  trUkariOj  an  ex- 

preflsioa  probably  in    use    in  the   legis  -  actio 

period,  or,  wUch  was  an  extendon  of  the  action, 

eoadictio  inctrti,  t>.  where  'the  obligation  was 

not  ia  respect  of  certa  pecunia  or  certa  res< 

The  eondietio  was  the  orcUnary  personal  action 

when  the^fommlsflry  system  was  established,  and 

w»«  considered  in  later  times  as  the  typrcal- 

antio   in  'peroonam.  •  As    actio    strieti    joris, 

^1ldietio  waa   opposed   to   actio    bonae    fidei. 

(KeHcr,  Der  rdm,   OtUproons,  ed.  by  Waoh; 

bctfanftniHHoUweg,  •  D^     fOm.     CMiprooesi ; 

Karlswa,   J>er  Hfm.    ChUprocesa   rur  Zeit  A 

l^  octdMMS  ;  Baron,  JHe  Condictionem ;  Muir> 

h«ad,  InirrKhKHm  t»  the  Private  Zaw  of  Home, 

^  40,  41.)  [E.  A.  WO 

PER  JU'DICIB  POSTULATIO'KEM  was 

we  of  the  legis  actiones.    The  passage  in  Gains 

(ir.  17)  is  wonting' in  which  this  form  of  action 

isdsscribed,  and  the  only  direct  reference  to  it 

M  the  following  note  of  Valerius  Probus  (iv. 

8):— *T.  PR.  L  A.  V.  P.  V.  D. ;  "  that  is— te, 

pnetor,  jodioem  arbitrumre  postnlo  uti  des ;  I 

pray  yon,  praetor,  to  appoint  an  arbiter  or 

jadge  (for  the  technical  meaning  of  postulare, 

»<♦  art.    Acno).      The    prooedure   probably 

<i«riTed  its  name  from  the  fact  that  when  the 

puties  to  it  first  appeared  before  the  praetor 

th«y  might  request  the  immediate  appointment 

of  s  jodex,  imtead  of  having  to  wait  till  the 

thirtieth  'day  for  such  appointment,  as  the  Lex 

I^iBsna  required  in  the  proeess  of -sacramcatum 

(Gains,  iv.  15),  and  the  Lex  Silia  in  that  of  per 

C'lodietioaem  (Gaius,  ir.  18). 

Jsdids  postulatio  must  hare  been  used  in 
sctioQs  under  the  Twelve  Tables  to  which  sacra- 
BKntam  was  inapplicable,  as  would  be  the  case 
'*^  irbitria  as  opposed  to  judioia,  e.g.  actio 
runiliaeereiscusdae,  de  arboribus  suodsis,  actio 
fiHocise.  We  may  infer,  however,  from  a 
^nsrk  of  Gains  (ir.  20)  that  it  was  to  some 
extent  aa-  aHemative  proceeding  to  the  actio 
"^^^^nmenti  in  personam.  Its  application  was, 
l^^pS|  limited  by«totiite  to  certain  cases  of 


contract  and  delict.  [Per  CoxDicnoiTEV.] 
(Keller,  Der  r6m,  Civilprocess,  §  17 ;  Bethmann- 
HoUweg,  Der  rlhn.  CivUprocesSf  i.  p.  62; 
Bekker,  Die  Aktionen,  &c  i.  pp.  18-74 ;  JECarlowa, 
Der  rihn,  CivUprocesa  xw  JSeit  d.  Legis  Actiones  ; 
Schmidt,  in  ZeUxh.  der  Sav,  Stift,  2,  155,  &c.; 
Vosgt,  Zwdif  Taf,  1,  §  62 ;  Mnirhead,  intr.  to 
Private  Homan  Law,  §  35.)  [E.  A.  W.l 

PER  PI'GNOBIS  GAPIO'NEM.  Thislegia 
actio,  or  form  of  statute  process,  was  a  legal 
mode  of  self-redress,  by  which  certain  privi- 
leged creditors  could  distrain  on  the  property  of 
their  debtors  who  were  in  defiiult.  The  obliga^ 
tions  mentioned  by  Gaius  (iv.  27,  28)  as  being 
enfoBoeable  in  this  way,  were  of  a  religions  or 
public  character,  and  probably  did  not  give  rise 
to  any  civil  action  (foi*  a  Greek  parallel  ,to 
pignoris  capio,  see  Plato,  Legg.  xii.  p.  54 ;  Poste's 
Gains,  iv.  §§  26*29,  comm.). 
•  Pignoris  capio,  Gaius  savs,  depended  in  some 
cases  on  custom  (moribus)^  and  in  others  on 
statute  {lege),  1.  It  was  founded  on  custom  in 
obligations  relating  to  military  service.  A 
soldier  might  seixe  as  a  pledge  {pignut  capere) 
anything  belonging  to  his  paymaster  or  person 
who  had  to  ftinish  the  aes  milltare  (qui  siiper^ 
diwn  jdUMbuebat),  in  case  he  did  not  make-  the 
proper  payments  (Geli.  vii.  10;  cf.  Brans, 
Csssion,  p.  36 ;  Karlowa,  Der  Civiiprot.  p.  206  f. ; 
Hnschke,  Mnita,  401  f.)  :  he  might  also  make  a 
seizure  in  respect  of  the  money  due  to  him  for 
the  purchase  of  a  horse  (oes  equeetre)  (Fest.  s.  v. 
Equesire;  Liv.  i.  43 ;  Cic  Sep.  ii.  20,  36),  and 
also  in  respect  of'  the  allowance  for  the  food  of 
hia  horse  (aes  Aonfeartum,  Fest.  s.  v.  Hordearivrnn) 
upon-  what  belonged  to  the  person  whose  dnty  it 
was  to  make  tiie  payment.  Ori^nally .  such 
payments  were  fixed  upon  particular  persons, 
and  not  made  'OUt  of  the  aei'arium  (Lir.  i.  43 ; 
Gaius,  iv.  27). 

2.  The  law  of  the  Twelve  Tables  made  liable  a 
to  pignoris  capio,  on  default  of  payment,  the 
buyer  of  a  victim  (Aostta),  and  the  hirer  of  a 
beast  of  burden,  when  the  hire  money  was 
intended  for  a  sacrifice  (jm  dapem)  (Buschke, 
Mtdta,  p.  402).  By  a  lex  oensoria  the  publicani 
had  the  right  pignoris  capionis  in  respect  of 
vectigalia  publica  which  were  due  by  any  lex. 
(Cic.  Verr.  iii.  11,  28;  cf.  Degerkolb,  Lex, 
Jffieronicay  93 ;  Karlowa,  212,  &c.) 

Some  modern  writers  think  that  pignoris 
eapio  was  also  the  process  in  the  case  of  damnum 
infectum  (Gaius,  iv.  31 ;  Bethmann>Hollweg,  i. 
204,  Anm.  13 ;  Karlowa,  p.  216).  The  thing 
was  seized  with  certain  formal  words  (as  to  the 
importance  of  the  formalities  by  which  the 
right  of  distraint  had  to  be  carried  out  and  the 
wide  extent  of  distress  in  primitive  law,  see 
Maine's  Early  Inst  Lecture  ix.),  and  for  this 
reason  pignoris  capio  was  generally  considered 
to-be  a  legis  actio;  but  Gaius  adds,  that  some 
doubted  whether  it  was  so,  since  it  was  per- 
formed out  of  court  (*' extra  jus  id  est  non 
apud  praetorem  "),  and  in  most  cases  in  the 
absence  of  the  debtor,  and  moreover  it  could 
take  place  on  a  dies  nefastus,  or  day  on  which 
a  legis  actio  could  not  be  carried  on. 

T^us  the  distress  itself  was  not  an  action  in 
the  ordinary  sense,  but  a  kind  of  self-redress ;  it 
must,  however,  have  very  frequently  given  rise 
to  an  action  in  court,  where  the  right  to  distrain 
was  disputed.    Ihering  even  suggests  that  the 


368 


PERA 


PEBGULA 


distrainer  was  bound  in  all  cases  to  justify  his 
proceeding  before  the  praetor.  Thus  it  is 
possible  that  this  subsequent  action  in  court 
may  hare  been  the  actual  legis  actio  per 
pignoris  capionem,  and  not  the  preliminary 
distress. 

There  is  no  statement  in  Gaius  or  elsewhere 
as  to  the  rights  of  the  distrainer  in  the  thing  he 
had  taken  as  a  pledge.  Most  modem  writers 
suppose  that  if  the  debtor  did  not  redeem  the 
pignus  (^reluere)  within  two  months  (Dig.  42,  1, 
31)  it  became  the  property  of  the  distrainer,  or 
that  the  latter  had  the  right  to  sell  it  (caedere 
pignus,  Cic  de  Or.  iii.  1,  4;  Tib.  iy.  13,  17). 
This  right  of  distress  came  to  an  end  with  the 
abolition  of  the  legis  actio  procedure.  The 
pignus  in  causa  Judicati  captum  of  later  times 
was  a  means  of  execution  carried  out  by  officials 
under  an  order  of  the  court.  (Gains,  iv. 
§§  26-29,  32;  Keller,  Der  rdm,  CivilprocesSy 
^  20 ;  Bethmann-Hollweg,  rol.  L  95 ;  Karlowa, 
Der  r(hn,  Cmilprocess,  201,  &c.;  Bekker,  AMt 
1,  44;  Voigt,  Zwdlf  Taf,  i.  502 ;  Ihering,  Geist, 
4.  r.  J7.  1,  §  11  c;  Muirhead,  Intr^uction, 
Ac  S  37.)  [E.  A.  W.] 

PEBA  (iHipa),  a  wallet  for  carrying  prori- 
uions  and  a  drinking  cup,  worn  either  slung  over 
the  shoulder  and  under  one  arm,  or  hanging 
from  a  belt.  It  was  used  by  travellers  and 
<ountry-folk  (Hom.  Od.  xiii.  437,  xrii.  197,  &c.), 
and  was  part  of  a  beggar's  outfit  (par^  of 
the  gash  of  Telephus,  Arist.  Nub,  923).  In 
later  Greek  times  it  was  adopted,  along  with 
the  beggar's  staff  (/3am|p(a)  and  rags,  as  their 
professional  costume  by  the  Cynics  (Mart.  iv.  53, 
3,  **  cum  •  baculo  peraque  senex : "  cf.  Diog. 
Laert.  vL  13 ;  Brunck,  Anakct,  i.  223, 11.  22, 28 ; 
Auson.  Epig,  53).  A  similar  wallet  was  worn 
by  the  sower,  who  slung  it  over  his  right 
shoulder  and  under  his  left  arm  (Brunck,  Anal, 
it.  215);  though  a  basket  (pophinus)  hanging 
from  the  left  arm  (cf.  vase  of  Nikosthenes  in 
Berlin  Museum :  Blumner,  L^ben  und  SUtenj  iii. 
p.  150)  was  used  for  this  as  well  as  the  other 
purposes  which  the  wallet  served. 

In  art  the  pera  is  most  often  seen  in  repre- 
sentations of  Perseus  slaying  the  Gorgon  (cf. 
British  Museum  Vases,  Nos.  548  and  641*).  The 
wallet  he  wears  was  given  him  by  the  daughters 
of  Phorcys,  and  b  called  by  Hesiod  (^Scut,  224% 
Pindar,  and  other  authors  icifiurts,  meaning,  ac- 
cording to  Apollodorus  {BibHoVi,  ii.  4,  2,  4), 
ir^pa :  the  word  being  explained  as  Cypriote  by 
Hesychius.  [W.  C.  F.  A.] 

PEBDUELLIO.    [Majeotas,  p.  114.1 

PEBDUELUCNra  DUOVIBI  (or,  as 
Mommsen  shows,  more  correctly  called  duoviri 
perdutUioni  judicandae)  were  two  officers  or 
judges  appointed  for  the  purpose  of  trying 
persons  who  were  accused  of  the  crime  of 
perduellia,  Niebuhr  held  that  they  were  the 
same  as  the  quaestorea  parricidii;  but  this  riew 
is  undoubtedly  erroneous,  arising  from  the  mis- 
taken view  that  the  latter  term  was  the  title  for 
an  office  distinct  from  the  ordinary  quaestorship, 
whereas  it  was  really  only  the  full  official  title 
of  that  magistracy  (Mommsen.  Staatar.  it  525). 
But  while  the  quaettorea  were  elected  annually, 
the  duoviri  perduellionia  were  appointed  only  for 
a  special  occasion.  We  have  rery  little  infor- 
mation as  to  the  duoviral  process :  only  three 
cases  of  its  employment  are  recorded ;  and  there 


are  difficulties  attaching  to  all  of  them.  In  the 
first,  the  trial  of  P.  Horatius  under  Talltus 
Hostilius  (Liv.  i.  26),  while  Livy  expressly 
mentions  the  nomination  of  <fi«>  viri  by  the  king, 
the  account  given  from  Ulpian  in  the  Digest 
(i.  13)  assumes  that  they  were  quaestors,  named 
by  him  after  a  vote  of  the  people ;  while  Festus, 
8.  V.  aororium,  p.  297  M.,  agrees  with  Livy.  In 
the  second,  that  of  M.  Manlius,  in  B.C.  384, 
Livy  (vi.  20),  while  describing  it  as  a  prosecution 
by  the  tribunes  before  a  comnlium  pMia^  adds, 
"sunt  qui  per  duoviros  qui  de  pczdnellioDe 
anquirerent  creatos  auctores  sint  damnatum.** 
Lange  (i.  278)  proposes  to  reconcile  the  accounts, 
by  supposing  that  the  tribunes  were  elected  to 
prosecute.  Mommsen  (^Hermeaf  ▼.  253)  assumes 
that  Livy's  second  alternative  rests  on  the  older 
tradition.  In  the  third  case,  the  prosecution  of 
C.  Rabirius  in  B.C.  63  for  the  murder  of 
Satuminns,  thirty-six  years  before,  we  have  an 
attempt  to  revive  a  long-disused  procedure,  in 
the  interests  of  the  democratic  party,  led  by 
Caesar.  Other  cases  of  perduellh  were  con- 
ducted by  tribunes  or  quaestors,  but  it  is  not 
expressly  mentioned  that  they  acted  as  duo  viri 
Whether  duo  vflri  were  appointed,  appears  to 
have  been  determined  in  each  instance  by  a 
special  resolution  of  the  people  (Mommsen, 
Staatar,  ii.  599).  Sometimes  they  were  elected 
by  the  people  (cf.  Dio  Cass,  xxxrii.  27) ;  but  ia 
the  case  of  Rabirius  the  praetor  appointed  two 
taken  by  lot,  but  from  what  body  we  are  not 
told,  doubtless  bv  the  direction  of  the  lav 
specially  enacted  (Cic.  pro  £ab.  perd.  reo,  4,  12). 
The  duo  mri  received  a  commission  to  try  the 
case  of  perduelliOy  and  to  pass  sentence  if  tbev 
found  the  prisoner  guilty :  both  Livy,  and  stiU 
more  strangely  Cicero,  seem  to  think  that  this 
commission  assumed  the  guilt  of  the  accused, 
and  excluded  the  possibility  of  an  acquittal, — sn 
impossible  view.  But  the  sentence  passed  was 
liable  to  an  appeal  to  the  people,  and  in  this  case 
the  duo  viri  appeared  to  support  their  decision, 
viz.  virtually  to  act  as  prosecutors. 

Trials  for  perduellio,  if  not  previously  obso- 
lescent, as  Mommsen  thinks,  in  consequence  of 
the  growing  practice  of  the  tribunes  to  impeach 
before    the    centuries,  certainly  became  qoite 
obsolete   after    the    more    convenient  quaestio 
perpetua  dealt  with  offences  of  the  same  nature, 
under  the  more  precise  definition  of  fnajeatat. 
But  the  term  perdudiio  is  found  even  in  the 
Digest,  though  as  a  loose   expression  for  the 
more  serious  kinds  of  majeataa.    (Cf.  Mommsen, 
Siaatar.  ii.  598  ff. ;  Clark,  Eariy  Homan  Lax, 
§  12,  and  especially  Cicero's  oration  pro  Oaio 
Bdtnrio  perduellionia  reo,  with  Heitland's  intro- 
duction and  notes.)  [A.  S.  W.j 
PEBEGBI'NUS.    [Civita«,  Vol.  I.  p.  449.] 
PE'BGULA  was  a  kind  of  annexe  to  a  house, 
whether  at  the  top  or  the  side.      We  find  it 
therefore  resembling  (1)  our  verandah,  roofed 
but  open  at  the  sides :  hence  used  as  a  painter's 
studio  (Plin.  H.  N.  xxxv.  §  84 ;  Lactant.  I  22, 
13;   Cod.  Theod.  xiii.  4,  4).    Being  not  very 
different  Arom  a  UAema,  or  booth,  it  was  also 
used  to  express  the  same  things,  vis. :  a  shop  for 
selling  wares  (Auson.  Epiat,  iv.  6)  and  a  school 
(Jnv.  xi.  137 ;  Suet,  de  Oram,  18X  both  being 
in  open  sheds  or  verandahs;   and  so  we  Bnd 
^^  magiatralea  pergulae"   (Vopisc  Saturn.  10). 
But  (2)  the  pergula  was  also  raised  above  the 


PEBIACTOS 

pBnniUoeit,  like  ■  ninrcd  balcoD^,  retting  on 
ihr  Up  of  the  tabeime  ("  tabeniM  cnni  pti^ulia 
aa,"  C.  I.  L.  IT.  138 ;  or  quite  on  the  top  of 
Ui«  liosw,  not  u  an  npixr  room,  bat  an  erection 
■nil  nwf  and  open  nde*  on  the  house-top,  and 
ml  for  painting  (Tertnll.  adt.  Vi^tnt.  7  ;  Dig. 
ii,  3,  8,  5  12),  or  ■■  an  obtervatory  where 
utnliipn  tanght  (Saet.  Avg.  B4).  (:i>  An 
otov  ar  tnllited  walk  with  open  amU  (Plin. 
£  .V.  lir.  §  11,  lix.  %  69;  Colugi-  it.  21); 
vkran  the  niDdera  Italian  pergtia.  Thii  khh 
B  iUnstrated  bj  tbe  won)  ptrgaUsiia  (a  vine 
tniMd  orer  ■  tnllit;  Cotnm.  iii.  2.)  (O'^the 
srStt  btfunaria,  partly  open  to  the  itreet  (Plaat. 
;>H>f.  i.  2,  78).  All  tbeu  naea  prabablf  came 
ipoB  ftrgo,  in  the  kdh  of  aomething  eontinned 
dtpTojediBg  forward  train  tht  main  building. 
(Hirqiiardt.  frwot/.  93.)     [L.  3.]     [G.  E.  M,] 

rEBIAOTOS.    [TuEi-miTil.T 
PEBIDBIPNON.     [Foitos.] 
PERIDBO^IDEB.     [irsiDi.] 
PEEIMEKI'DU,    or    PAEAMERI'DIA 

(npUiil^iA,  Arrian.  Tact.  4;  vofHvtqpilia  more 
uullf).  armoar  for  the  thigh*,  cuiiMi.  Tbeu 
iitidu  of  armoar,  though  not  in  common  use 
IB  the  ordinary  Oreek  panoply,  are  ihown 
iiScieiitly  aftCD  on  tiie  moanmeuta  u  occa- 
scBally  employed  by  Greek  warrion  at  leait  ai 
lir  back  at  tha  Gtth  century  H.a  Tbe  accom- 
[■njing     illnatrationt     ahoir     what     may    b« 


QaMflwAun     (T^om. 


m™™.) 


£ither«d  ai  to  their  geoeial  form.  They  leem 
'"  ban  been  ad^tted  to  the  ahapa  of  the  thigh, 
iluping  it  ronod  in  tbe  aame  way  as  the  greare 
luped  the  leg.  The  tower  edge  ii  in  lome 
<3Hi  cnmd  ont  in  Incfa  a  way  ai  to  allow 
r^^na  for  that  part  of  the  greare  which  pr<^ 
UiM  the  knee  (lea  fig.  I).  Like  tb«  gruTs. 
IM,  the  panuneridis  anm  to  bare  betn  con- 
r.tiKtcd  of  metal,  ai  ii  probable  both  from  the 
'-kincter  of  tbe  decoratioiu  traced  upon  them 
t°  the  Tue  pictorei,  and  alio  from  the  fact  that 
'bt;  are  oanally  thee*  coloured  like  the  gieave. 
in  the  British  Unieum  ii  a  bronae  object  which 
(■ua  iti  form  iroold  be  adapted  to  the  paramc' 


PEBIOBCI  369 

ridioB,  and  may  have  been  aetuslly  intended  for 
thii  purpoee. 

For  inslancei  of  its  occurrence  in  vaae-paint- 
ings,  aee  brit.  Mat.  Cat.  of  Vases,  No?.  473,  557, 
591,  SOS;  raie  in  Brit.  Mna.  B  50;  Gerhard, 
Aui.  Vat.  ii.  pi.  ciiii. ;  ifon.  laid.  ii.  78)  and 
Jfu5.  Grtg.  ii.  liii 


(Ftom  Jba.  Ortg.') 


All  thoM  inatancea  occdt  upon  black-figured 
Taaei;  at  preient  no  illaatratton  of  theie 
weapont  it  known  in  art  later  than  the  fifth 
ctntnry  B.C  In  Greek  writert,  however,  of 
the  third  century  B.C.  and  downwarda,  they  ar« 
frequently  mentioned,  but  here  almost  eiclu- 
tixely  as  employed  by  caralry,  both  for  the 
rider  and  hit  hone.  Xenophon  (Anoi.  i.  S,  6} 
deicribes  the  aimoar  of  the  600  hoiaemeu  with 
Cyrut  aa  coniiiting  of  thoiai,  parameridia,  and 
helmet.  Tha  aame  writer  {dt  Se  Eq.  12,  B  and 
10)  apeakt  of  them  aa  among  tha  neceuary 
tquipment  of  a  cavalry  soldier :  cf.  ttpecially 
Id.  Vi/r.  Irat.  vii.  1,  2,  where  they  are  detcribed 
at  of  hronie,  alike  for  hone*  and  riders;  and 
Arrian,  Toel.  4,  where  the  riders  have  mpifot- 
pifliBf  the  borsea  wafvwtitvpliia.  For  parameridia 
at  part  of  the  protectiTa  armour  ol'  the  bora* 
in  action,  a«e  alto  Xen.  da  Et  Eq.  12.  8,  and 
Pollni,  i.  1*0.  XfEopbon  (Cjr.  Intt.  vi.  4) 
makea  a  farther  distinction  of  wapawhfvfISM  for 
horsca  driven  in  chariots  and  wapaiaiiAtut  for 
those  ridden  by  tbe  cavalry.  [C.  S.] 

FEBIOECl  C«pfo«oO-  Thitword  primarily 
denotes  the  inhabitants  of  a  district  l;ing  around 
some  particular  locality,  bnt  ia  generally  used 
t«  describe  a  dependent  popalation,  living  with- 
out the  walls  or  in  the  country  provinces  of  a 
dominant  city,  and,  althongh  peraonally  free, 
deprived  of  the  enjoyment  of  citiienihip  and  the 
political  rights  conferred  by  it.  The  words 
ainauni  and  fi^siasi  an  in  tome  degree  ana- 
logoua;  like  Ttplswoi,  they  imply  co-residence 
with  B  population  of  higher  position  and  gene- 
rally of  different  nationality.  Of  the  three 
worda,  howerer,  )UTauiti,  meaning  "resident 
alient,"  hat  the  moet  definite  cotmotation 
attached  to  it,  while  r^ixoi  is  the  most  inde- 
terminate [UoT>ECi].  It  was  probably  from 
the  Spartan  use  of  the  term  Perioeci  that  tbe 
2  B 


370 


PEBIOECI 


PEBIOEGI 


notion  of  subject  population  "  became  so  closely 
attached  to  it.  We  have  no  evidence  to  show , 
that  this  word  was  employed  by  any  other  state 
than  Sparta  to  denote  its  local  dependencies,  a 
great  deal  to  show  that  it  was  not.  But  the 
Lacedaemonian  system  of  Perioeci  was  so  much 
the  most  marked  in  Greece,  that  writers  often 
translated  the  titles  given  to  other  subject 
populations  into  thb  Lacedaemonian  nomen- 
clature. 

A  political  condition  such  as  that  of  the 
Perioeci  of  Greece,  in  some  measure  resembling 
the  vassalage  of  the  Germanic  nations,  could 
hardly  have  originated  in  anything  else  than 
foreign  conquest;  and  the  Perioeci  of  Laconia 
furnish  a  striking  illustration  of  this.  The 
question  of  their  origin  as  a  subject  population 
is  intimately  connected  with  the  question  of 
their  nationaiit? ;  and  as  the  two  main  accounts 
of  the  origin  of  the  Perioeci  w^hich  have  come 
down  to  us,  that  of  Ephorus  and  that  of  Lio- 
crates,  differ  both  in  the  description  of  the 
causes  of  their  subjection  and  in  the  statements 
as  to  their  original  nationality,  we  most  be 
content  to  accept  the  modified  conclusions 
which  scholars  have  supposed  may  be  drawn 
from  such  accounts,  from  other  chance  notices, 
and  from  the  probabilities  o^  the  case.  Ephorus 
(ap.  Strab.  viii.  p.  364)  states  that  they  were 
the  original  Achaean  inhabitants  of  the  terri- 
tory, which  the  Lacedaemonian  branch  of  the 
I>orians  had  invaded;  that,  during  the  first 
generation  which  followed  on  the  invasion,  they 
not  only  remained  possessed  of  all  private  rights, 
but  even  shared  the  political  franchise  of  the 
invaders.  In  the  next  generation,  however, 
these  political  privileges  were  taken  from  them  ; 
they  were  made  into  a  dependent  population, 
and  even  forced  to  pay  tribute  to  the  dominant 
Dorians.  Isocrates  (Pcmath.  §  177)  draws  no 
such  distinction  of  race  between  the  Spartans 
and  the  Perioeci.  On  the  contrary,  he  repre- 
sents the  Perioeci  as  in  their  origin  the  irj/tas 
of  the  Spartan  state,  which,  expelled  after  a 
period  of  ffrd<rtSi  was  reduced  to  the  grade  of  a 
subject  population  by  the  victorious  oligarchy, 
and  scattered  through  the  many  small  town- 
ships of  Laconia.  These  accounts  aeree  in  re- 
presenting the  condition  of  the  Perioeci  as 
having  been  originally  better  than  It  was  in 
historic  times.  The  different  accounts  of  their 
nationality  also  give  us  a  clue  to  the  fact,  which 
Grote  has  so  strongly  insisted  on,  that  in 
historic  times  there  was  no  recognisable  differ- 
ence between  the  nationality  of  the  Perioeci 
and  that  of  the  Spartans  themselves.  The 
suggestion,  however,  that  the  Perioecic  popu- 
lation was  in  a  large  degree  tinged  with  the  old 
Achaean  element  is  more  than  probable;  and 
perhaps  the  safest  theory  to  accept  as  to 
the  origin  of  this  people  is  that  stated  by 
£.  Cnrtius  in  his  Historif  of  Qreeoe  (bk.  ii. 
ch.  1) ;  namely,  that,  on  the  first  Dorian  immi- 
gration into  Laconia,  the  Dorians  mingled  with 
the  original  Achaean  populations,  with  whom 
they  continued  to  live  for  some  time,  the  original 
Uexapolis  which  they  established  in  Laconia  not 
being  peculiarly  Dorian.  The  second  stage  of 
Dorian  history  is  marked  by  two  of  the  ruling 
families  (the  originators  of  the  double  Spartan 
kinship)  "  succeeding  in  gaining  over  to  their 
side  the  central  body  of  the  Dorian  people^  in 


eliminating  it  from  its  intermixture  with  thr 
rest  of  the  population,  collecting  its  scattered 
elements  at  one  point,  and,  supported  by  the 
power  of  the  Dorians,  establishing  this  point  as 
the  centre  of  the  district  and  the  seat  of  their 
government"  (Curtius,  /.  c).  With  this  re- 
action to  pure  Dorism  the  Perioeci  originate,  and 
their  nationality  would  thus  be  a  mixed  one, 
their  civilisation  in  particular  being  affected 
by  the  strongly  impressive  character  of  Dorian 
life,  precisely  in  the  way  in  which  Herodotus 
tells  us  that  the  original  population  of  Cynuria, 
which  was  Ionian,  had  been  ^*  Dorised  by  the 
Argives  and  by  time "  (Herod,  viii.  73).  Thf 
Perioeci  of  Laconia  in  historical  times  were  of 
still  more  varied  nationality  than  this  mixtare 
of  race  implies.  Amongst  them  we  must  class 
the  Cynurians,  and  possibly  the  Sciritae,  the 
inhabitants  of  the  mountainous  country  of  South 
Arcadia  (Hesych.  s.  v.  eK§tpa:  Arnold,  in  Thuc. 
T.  67) ;  and,  although  the  latter  are  sometim«5 
called  ffififULXoi  of  the  Spartans,  and  thus  dis- 
tinguished from  the  Perioeci,  perhaps  they  wer« 
only  distinguishable  from  the  main  body  of  thr 
Perioecic  population  as  a  higher  from  a  lover 
grade,  and  would  have  been  included  in  the 
widest  meaning  of  this  term,  which  is  a  de- 
pendent population,  not  sharing  in  the  political 
rights  of  the  state  on  which  it  is  dependent. 

After  this  redaction  of  the  larger  part  of  the 
population  of  Laconia  from  freedom  to  partial 
dependence  on  the  central  state,  we  are  told 
that  it  was  forced  to  pay  tribute  to  Sparta 
(Ephorus,  ap.  Strab.  /.  c,  owrcAeir  t$  Iwdpri)). 
Of  the  nature  of  this  tribute  we  know  nothing: 
but  a  reference  of  Aristotle's  to  the  tle^opeH  or 
property  taxes  of  the  Spartaosy  which,  though 
understood  to  exist,  were  not  paid  by  the  por^ 
Spartans  themselves,  has  been  interpreted  a> 
meaning  that  the  tax  which  the  Perioeci  paid 
was  merely  of  this  nature,  a  land  tax  to  the 
state,  also  understood  as  affecting  the  Spartans 
but  evaded  by  them,  and  not  therefore  a  tribute 
paid  in  token  of  subservience  by  a  dependent 
population  (Arist.  Pol,  ii.  6,  23).  Sir  0.  C. 
Lewis,  on  the  other  hand,  held  that  this  tax  was 
based  on  the  theory  of  territorial  sovereignty ; 
that  the  land  was  supposed  to  belong  to  the 
Spartans  by  right  of  conquest;  and  that  the 
Perioeci  paid  a  revenue  to  them  for  the  right  of 
posseasio  (Phil.  Mua.  vol.  ii.)-  Other  tokens  of 
dependence  were  the  absence  of  all  ciric  privi- 
leges in  the  central  state,  and  the  fact  that  no 
jtu  convbU  existed  between  them  and  Spartan 
citizens.  So  entirely  were  they  regarded  ai 
something  external  to  the  Spartan  state,  that  it 
is  even  said  that  the  Ephors  could  pnt  Perioeci 
to  death  without  trial  (Isocr.  PonoM.  §  181). 
This  is  on  the  whole  what  we  should  expect 
from  the  characteristic  disregard  of  the  Spartans 
for  rights  other  than  civic,  but  the  ststenent  is 
rendered  improbable  from  the  difficulty  of 
reconciling  it  with  their  general  treatment  of 
this  subject  population.  For  it  does  not  appear 
that  the  Perioeci  (espedaliy  in  historic  times) 
were  generally  an  oppressed  people,  thoo^h 
kept  in  a  state  of  political  inferiority  to  their 
conqueron.  They  served  in  the  Spartan  armiw 
as  heavy-armed  soldiers  of  the  line,  and  not 
like  the  helots,  as  light-armed  only;  while  st 
the  battle  of  Plataea  we  find  each  of  these 
Perioecic  hopUtes  furnished  with  an  sttendsnt 


PEBIOEGI 

htlai  (Herod.  tiiL  61).  Again,  at  Sphacteria 
*J92  prwoneis  were  taken,  of  whom  120  were 
Spanaas,  and  the  rest  in  all  probability  wtpl' 
«tfcd(  (Thac  IT.  38).  We  also  read  of  koXoI 
KikyaBoi,  or  ^  accomplished  and  well-born  " 
gentlemen,  amongst  the  Perioeci  serving  as 
Tolanteen  in  the  Spartan  service  (Xen.  Heil.  v. 
3,  9)l  We  occasionally  find  a  Perioecus  in  high 
command  (Thac  riii.  6),  and  on  one  occasion  we 
isd  one  filling  the  responsible  post  of  admiral, 
»>  highly  esteemed  by  Spartans  as  a  source  of 
power  daring  the  closing  years  of  the  Pelopon- 
a^&isn  war  (Id.  viii.  22).  But  we  never  find  a 
Pehoecos  in  command  of  a  Spartan;  in  the 
ahoTt  cMe,  for  instance,  in  which  the  Perioecus 
hiU  a  high  naval  command,  the  fleet  he  com- 
nuaded  was  not  a  Spartan  but  an  allied  fleet 
fruZD  Chios.  Bnt,  in  spite  of  these  possibilities 
ci  attainmg  to  high  position  within  their  own 
circle,  it  was  not  to  be  expected  that  men  com- 
petent to  the  discharge  of  high  functions  in  a 
»ut«,  and  bearing  its  hardens,  should  patiently 
submit  to  an  exclusion  from  all  political  rights. 
Accordingly  we  find  that  on  the  rising  of  the 
Helots  in  B.C.  464,  some  of  the  Perioeci  joined 
t^em  (Thnc.  i.  101).  When  the  Thebans 
invaded  laconia  (B.G.  369),  the  Perioeci  were 
retdy  to  help  them  (Xen.  Bell.  vi.  5,  25).  In 
coonexion  with  the  insurrection  of  Cinndon  we 
are  told  that  the  Perioeci  were  most  bitter 
azsinst  the  raling  Spartans  (Id.  iii.  3,  6).  From 
ti«se  and  other  facts  (Clinton,  F,  H,  Append. 
^)  it  appears  that  the  Perioeci  of  Laconia,  if 
not  an  oppressed,  were  sometimes  a  disaffected 
snd  discontented  class;  though  in  coses  of 
stroQg  excitement,  or  of  general  danger  to  the 
whole  of  Greece,  they  identified  themselves  with 
their  conquerors.  The  very  relation,  indeed, 
which  subsisted  between  them,  was  sufficient  to 
produce  in  Sparta  a  jealousy  of  her  subjects, 
with  correspoiiding  feelings  on  their  part.  Nor 
can  we  suppose  that  the  Dk>rians  would  willingly 
ptnait  the  Perioeci  to  acquire  strength  and 
opolence,  or  eren  to  settle  in  large  towns.  In 
^t,  it  IS  sUted  by  Isocrates  (Panath,  §  177) 
thst  the  Spartan  Dorians  intentionally  weakened 
toe  other  inhabitants  of  Laconia  by  dispersing 
them  over  a  great  number  of  hamlets  (jwepol 
▼^oi)  which  they  called  w6kftt,  though  they 
were  less  powerful  than  the  country  parishes  of 
Attica,  and  were  situated  in  the  most  unpro- 
dactire  parts  of  Laconia,  the  best  land  of  which 
wu  reserved  for  the  Spartans.  This  last  state- 
iMDt  probably  has  some  reference  to  the  land 
diithbation  of  Laconia  attributed  to  Lycurgns 
(Plat.  Lye  8).  The  30,000  allotmenU  which, 
we  sre  told,  were  made  to  the  Perioeci,  are  prob- 
ably as  mythical  as  the  9,000.  eqnal  allotments 
«^d  to  have  been  made  to  the  Spartans  (Grote, 
SitL  6r,  db.  6) ;  but  Isocrates'  statement  points 
to  the  lact  that,  while  the  Spartans  possessed 
the  rich  plateau  of  the  interior,  the  lands  of  the 
Perioed  were  mostly  in  the  rugged  territory 
thit  fringed  this  plain. 

Still,  the  grievances  of  the  Perioeci  were  not 
*^r  all  intolerable,  nor  do  they  seem  to  have 
'^^cn  treated  with  wantonness  or  insolence. 
The  distance  at  which  many  of  them  lived  from 
Spsits  mast  have  rendered  it  impossible  for 
then  to  share  in  the  administration  of  the 
state,  or  to  attend  the  public  assemblies :  a 
circnmstaace  which  must  in  some  measure  have 


PERIOECI 


371 


blunted  their  sense  of  their  political  inferiority : 
nor  were  they  subjected  to  the  restraints  and 
severe  discipline  which  the  necessity  of  main- 
taining their  political  supremacy  imposed  upon 
the  Spartans  (Sosib.  ap.  Athen.  xv.  p.  674). 
By  way  of  compensation,  too,  the  Perioeci  en- 
joyed many  advantages  (though  not  considered 
as  privileges)  which  the  Spartans  did  not.  The 
trade  and  manufactures  of  the  country  were  ex- 
clusively in  their  hands,  and  carried  on  by  them 
with  the  more  facility  and  profit  as  they 
occupied  maritime  towns.  Similarly  the  island 
of  Cy thera,  the  nucleus  of  the  maritime  trade  of 
Laconia,  and  the  port  at  which  the  merchants 
trading  from  Egypt  and  Libya  usually  touched, 
was  a  Perioecic  settlement  (Thuc.  iv.  53 ;  vit. 
57).  The  cultivation  of  the  arts,  also,  as  well 
in  the  higher  as  in  the  lower  departments,  was 
confined  to  the  Perioeci,  the  Spartans  consider- 
ing it  beneath  themselves ;  and  many  dis- 
tinguished artists,  such  as  embossers  and  brass- 
founders,  were  found  in  the  Laconian  schools, 
all  of  whom  were  probably  Perioeci  (Miiller, 
Dor,  iii.  2,  3).  Nor  is  there  wanting  other 
evidence,  though  net  altogether  free  from  doubt, 
to  show  that  the  Spartan  provincials  were  not 
in  the  least  checked  or  shackled  in  the  develop- 
ment of  their  intellectual  powers  (Miiller,  /.  c). 
Moreover,  it  seems  natural  to  suppose  that  they 
enjoyed  civil  rights  in  the  communities  to  which 
they  belonged,  and  which  otherwise  would 
scarcely  have  been  called  w6\us :  but  whether 
or  no  these  cities  had  the  power  of  electing 
their  own  chief  magistrate  or  magistrates,  what 
was  the  form  of  their  constitution  or  whether 
it  was  in  all  cases  uniform,  can  only  be  a  matter 
of  conjecture.  It  has  been  thought  possible  that 
the  20  harmosts  mentioned  by  the  Scholiast  on 
Pindar  (0/.  vi.  154)  were  Spartan  governors  sent 
to  preside  over  Perioecic  districts  (Schumann, 
Antiq.  jw.  publ.  Gr,  iv.  1,  5).  [Harmootes.] 
From  the  single  instance  of  Cythera,  to  which 
we  know  a  magistrate  was  sent  from  Sparta  with 
the  title  KvBiipdilKris  (Thuc.  iv.  53),  no  general 
conclusion  can  be  drawn ;  but  in  any  case  it  is 
probable  that,  if  governors  were  appointed  from 
Sparta,  they  were  governors,  not  of  the  several 
w6\uSf  but  of  districts  amongst  which  these 
v^Xffts  were  distributed  for  administrative  pur- 
poses. Sach  a  theory  does  not  necessarily 
imply  that  the  internal  administration  of  each 
w6\ts  was  not  in  the  hands  of  its  Perioecic 
inhabitants  themselves. 

The  number  of  Laconian  (as  they  are  called) 
or  subject  cities  is  said  to  have  formerly 
amounted  to  100  (Aaicff8af/M«v  licart^/iiroAis, 
Strab.  viiL  p.  557 ;  Steph.  Byz.  s.  w,  AtSala 
and  AiTttfAfa).  Several  of  these  lay  on  the 
coast,  as  Gythium,  the  port  of  Sparta,  whence 
the  whole  coast  of  Laconia  is  called  ^  wtpioucts 
(Thuc  iii.  16).  Many,  however,  lay  more 
inland,  as  Thyrea,  the  chief  town  of  the  Thy- 
reatid  as  it  is  often  called,  a  part  of  Cynuria, 
which  was  a  comparatively  late  acquisition  of 
the  Spartans,  not  having  been  finally  wrested 
from  Argos  until  about  the  year  550  B.C.  It  was 
a  long  and  fertile  strip  of  territory  east  of  the 
Eurotas,  extending  down  to  Cape  Malea,  and  in- 
cluding the  island  of  Cythera  (Herod.  1.  82). 
But  besides  the  fact,  known  to  historic  times,  of 
the  late  acquisition  of  Cynuria,  there  is  a  great 
deal  of  evidence  to  show  that  the  possession  of 

2  D  2 


372 


PERIOECI 


PERIOECI 


the  Perioecic  territory  br  Sparta  was  a  slow 
and  gradual  process.  It  has  been  noticed  that 
some  of  the  towns  mentioned  by  Strabo  as 
belonging  to  the  Lacedaemonian  iKar6iA,iro\is 
were  in  Messenia,  and  cannot  therefore  have 
been  settled  until  after  the  conquest  of  that 
territory,  about  635  B.C.  (SchOmann,  /.  c). 
When  we  remember  further  that  it  was  not 
until  the  reign  of  king  Teleclus,  about  three 
centuries  after  the  original  foundation  of  Sparta, 
that  such  towns  as  Amyclae,  Pharis,  and  Geron- 
thrae  on  the  Eurotas  were  conqxiered  (Pans.  iii. 
2,  6),  it  is  impossible  to  believe  that  the  distri- 
bution of  the  Perioecic  territory  was  such  a 
rapid  and  easily  completed  process  as  the  state- 
ments of  Ephorus  and  Isocrates  would  lead  us  to 
believe. 

Connected  with  the  accounts  of  the  conquest 
of  the  Perioecic  territory,  there  are  some  state- 
ments which  would  lead  us  to  conjecture  that 
there  was  some  difference  of  status  amongst  the 
Perioecic  towns  themselves.  Amyclae,  Pharis, 
and  Geronthrae,  for  instance,  are  said  to  have 
been  colonised  from  Sparta  (Paus.  iii.  22,  5). 
Boeae,  which  Curtius  supposes  to  have  been  one 
of  the  cities  forming  the  original  Hexapolis  of 
Laconia,  was  said  to  have  been  founded  by  a 
Heracleid  chief  (Strabo,  viii.  p.  364).  Whether 
such  considerations  led  to  a  difference  of  political 
status  in  the  case  of  such  towns,  it  is  impossible 
to  say ;  but  still  it  seems  probable  that  a  town 
like  Amyclae,  in  which  was  the  temple  of  the 
Hyaciuthian  Apollo,  and  which  was  one  of  the 
great  religious  centres  of  Dorian  worship  (Thuc. 
iv.  18),  would  claim  a  preference,  based  on 
religious  sentiment,  over  other  Perioecic  towns ; 
and  there  is  some  evidence  to  show  that  the  in- 
habitants of  such  towns  received  more  con- 
siderate treatment  than  the  general  mass  of 
Perioeci  (Xen.  ffell.  iv.  5,  11). 

The  number  of  the  Perioecic  population  of 
Laconia  is  not  known ;  but  an  attempt  has  been 
made  by  Clinton  to  determinate  it  approxi- 
mately at  one  stage  of  its  history :  namely,  at 
the  time  of  the  Persian  war  (F,  H,  App.  c.  22). 
He  says,  "  At  the  battle  of  Plataea  in  B.C.  479, 
the  Perioeci  supplied  10,000  men.  If  we  assume 
this  proportion  to  be  the  same  as  that  which 
the  Spartan  force  bore  to  the  whole  number  on 
the  same  occasion,  or  five-eighths  of  the  whole 
number  of  citizens,  this  would  give  16,000  for 
the  males  of  full  age,  and  the  total  population 
of  this  class  of  the  inhabitants  of  Jjiconia  would 
amount  to  about  66,000  persons."  It  will  be 
seen,  however,  that  this  conclusion,  somewhat 
doubtful  in  itself,  is  based  on  the  supposition 
that  the  10,000  Lacedaemonians  who  served 
with  the  Spartans  at  Plataea  were  all  Perioeci. 
It  seems  more  probable,  however,  on  a  com- 
parison of  two  passages  in  Herodotus  (ix.  11 
with  61X  that  the  5,000  whom  it  is  so  diflScult 
to  account  for,  and  who  are  only  mentioned  as 
making  up  the  total  sum,  were  Helots,  and  that 
each  Perioecic  hoplite  was  attended  by  one  light- 
armed  helot,  just  as  each  Spartan  hoplite  was 
attended  bv  seven  of  the  same  class. 

In  the  later  times  of  Spartan  history,  the 
Perioecic  towns  of  the  coast  {Latxmioae  orae 
oatteUa  et  vtci)  were  detached  from  Sparta  by  T. 
Quinctius  Flaminius,  and  placed  under  the  pro- 
tection of  the  Achaean  league  (Muller,  Dor,  iii. 
2,   1;    Liv.   xxxiv.   29,   30,   and  xxzviii.   31). 


Subsequently  to  this  the  Emperor  Augostos 
released  24  towns  from  their  subjection  to 
Sparta,  and  formed  them  into  separate  rem- 
munities  under  laws  of  their  owto.  They  vere 
consequently  called  Eleuthero-Lacones  (Paus.  iiu 
21,  6).  But  even  in  the  time  of  Pausaniss  some 
of  the  Laconian  towns  were  not  ovr^M/cot,  but 
dependent  upon  Sparta  {trvrrtXowrcu  cis  jvcip- 

From  the  account  given  above  of  the  probable 
origin  of  the  Perioeci  of  Sparta  we  should 
naturally  expect  to  find  a  subject  population  of 
this  kind  existing  in  most  Greek  states,  which 
are  known  to  have  experienced  immigrations  not 
resulting  in  a  total  change  of  population,  but  in 
a  combined  residence  of  populations  of  different 
nationality.  Immigrations  of  this  kind,  which 
resulted  in  combined  settlements,  were  in  a 
high  degree  the  characteristic  of  Dorian  move- 
ments ;  and  accordingly  we  should  expect  to 
find  a  Perioecic  population  as  the  l>asis  of  the 
early  Dorian  states.  This  is  in  the  main  verified 
by  facts.  In  Argos,  for  instance,  we  have  an 
undoubted  Perioecic  population;  and  although 
no  true  Perioeci  can  be  identified  in  cities  Uke 
Sicyon  and  Corinth,  or  most  of  the  later  Doriao 
colonies,  this  is  easily  explained  by  the  fact  that 
these  states  were  created  after  the  movement  of 
the  great  Dorian  migration  was  over.  The 
Perioeci  of  Argos  were  called  Omeatae  from  the 
town  of  Omeae,  apparently  the  first  or  the  rooit 
important  town  reduced  to  this  condition  by  the 
Argives  (Herod,  viii.  73).  These  Omeatae  are 
called  tr^fifuixot  of  the  Argives  by  Thncydide* 
(v.  67,  and  Arnold's  note),  and  with  them  are 
classed  the  inhabitants  of  Cleonae;  but  that 
they  were  Perioeci  appears  from  the  passage  of 
Herodotus,'  in  which  he  is  evidently  translati&g 
the  less  familiar  Argive  term  Omeatae  into  tbe 
more  familiar  Spartan  one  Perioeci,  to  show  tbe 
status  of  the  Cynurian  population  he  is  de- 
scribing. How  large  the  Perioecic  population 
of  Argolis  was  we  do  not  know.  A  large  part 
of  it,  Cynuria,  was  taken  by  the  Spartans  (Herod, 
i.  82) ;  and  the  two  great  Achaean  townshipi, 
Mycenae  and  Tiryns,  were  certainly  not  Perioecic 
towns  at  the  time  of  the  Persian  war  (Id.  vii. 
102,  ix.  28).  After  their  destruction  by  Argos 
about  468  B.C.  (Diod.  xi.  65%  they  may  possibly 
have  been  reduced  to  this  condition. 

Amongst  Dorian  states  outside  Greek  proper, 
we  find  Perioeci  on  the  largest  scale  connectHl 
with  the  cities  of  Crete,  which  resembled  Sparta 
in  having  a  large  subject  population.  But 
whether  the  so-cslled  ^  Perioeci  '*  of  Crete  were 
closely  analogous  to  those  of  Sparta  is  an  opn 
question.  [See  CofiXi.]  Amongst  the  later 
Dorian  foundations  there  is  some  evidence  of  tbe 
existence  of  Perioeci  in  Leucadia  and  Anactorinm 
(Thuc.  ii.  81,  ol  fitriL  roiurmf^  Arnold) ;  and  in  a 
non-Dorian  country,  but  one  that  resembled  a 
Dorian  state  in  its  foundation,  namely  Elis,  we 
have  evidence  of  a  Perioecic  populati<Mi  (Thuc. 
ii.  25). 

There  were  various  other  classes  of  de- 
pendent communities  in  Greece,  which  we  find 
described  as  Perioeci;  and  others  that  bear  a 
strong  resemblance  to  the  Perioeci  of  Laconia  in 
being  permanent  dependencies  on  other  statei: 
but  neither  of  these  are  we  quite  justified  in 
calling  "  Perioeci  "  in  the  Dorian  sense.  Of  the 
former  class,  for  instance,  are  the  native  pt^jiulA* 


PERIPOLI 

Udu  larriHiniJiDg  Gr«b  colonies  like  Cyreoe 
(Html.  ir.  159))  aad  among  depeadent  popaln 
LOU  «f  the  latter  kind  we  may  cliu  many  o 
ihr  lUItt  of  Theawl}-.  Thus*  are  ailed  M<c" 
(Thnc.  iv.  78 ;  Ari>t.  Pirf.  ii.  9,  3),  and  includ 
ibf  pupnlatioD)  of  what  wu  io  historical  time 
Tifbitr.  inch  ai  the  Perrhaebi,  Maguelei,  am 
Ai.iaeaai  (of    Phlhiotii),    which   were  lubdaed 

[BEfrmces  for  fuller  particnlan  on  this 
qiiMtioD  maj'  be  made  to  Arnold'i  Thncrdidea, 
T^i  i.  (pp.  ii.,  "Ob  the  Conititntion  orS|inr(a," 
uJ  [  j  a  nview  of  thi«  work  hy  Sir  0.  C.  LewU 
ID  liie  Kcond  Tolume  of  the  PUiological  ifufnin, 
p.  13.  The  mut  eihauiliTe  tleattnent  of  the 
nbJHt  will  be  found  in  O.  Uiillei'i  Hiatorj,  of 
lit  itoriani,  bk.  iii,  S««  also  SchOmann, 
AUi/idl.  Jurit  Pub.  Graec.  it.  1,  5  5i  A.  Kop- 
lUdl,  De  rtmm  Lacmicanim  CotuiilutioHit  Ly- 
■x-^tof  Origate  it  Indolt ;  Gilbeit,  StaaUaltertA, 
i  i7.  The  Dationalitr  of  the  Perioeci  la  dil- 
cu»d  cbitflf  ia  Cnrtius,  Hiit.  of  QreiBe. 
ik.  ii.  ch.  1,  abd  Grotc,  Hut.  of  Oretce.  part  ii. 
d.  6.1  [R.  W.]    [A.  H,  O.] 

PEHITOIX    [Ephebub.} 

PEBI'PTEEOS.    [Templuk.] 

PERI'SCELIS.  Greek  and  llomaD  women, 
Uk(  thoM  in  the  Eait  of  to-dsy,  wore  ankleta 
jdJ  hiDglei.  Theie  are  frequently  ihov^  on 
ilw  DiDnanieut!,  appearing  not  only  on  rate-  and 
■ill-painting>  (cf.  the  fuEiowing  illustration 
fniE  a  Pompcian  w^l-psinting,  Jfum  Boihanieo, 
Ti.  Ut.  iiiiT.),  but  on  itaCnettei  (cf.  two  hronie 


PERPESDICULUM 


a73 


iiitsHleaoftbe  Portici  Collection,  Barri,  Here. 
■"dTomp.  Ti.  pt.  13).  In  literature  the  cuitom 
if  Truing  them  ii  ipoken  of  by  the  Scholiast 
°iiB^ncc,  fp.  i.lT.&6,and  by  Uidorai(iii.  31, 
"cnimm  onumetita  tnulieram  quo  greaeui 
nrjmemantnr");  while,  ai  late  u  the  third 
wiiiury  after  Chriit,  Cyprian  inteighi  againit 
H  (Hib.  ny.  le). 

Pliay  {S.  K.  iiiiii,  ff  39,  152)  aayi  that  the 
plFtmui  women  urore  ankleli  of  eilrer,  whereas 
>b>  !»triaau  wore  them  of  gold.  Suoh  nnklete 
•'Tt  lometimn  railed  copip^a  (Plin.  {.  c),  but 
<kt  nomani  borrowed  alio  the  Grrek  name  wrpi- 

P"t  of  the  catalogue  of  the  jewellery  of  a 
■nrplf  (Ktlenb.  Koi.  367-401),  a.  well  in  in 
Hmudtt  {liicfrt.  405)  and  other  paiugee 
(U-pii,  i.  5  .  Plat.  ii.  145  C).  PeriKctia  i> 
BnUuntd  in  Horace  {Ep.  \.  17,  56)  and  Hetro- 
*■"  («7.  *)v  and  ptTi$ctliwn  in  Tertullian  (* 
"■^ti  Fern.  ii.  13).     A  certain  amount  of  ci 


canaed  by  the  uae  of  the  kindred  wordii  npmtAq 
and  r^puTKiXtOy  which  were  interpreted  by  the 
leiicographera  oi  being  fipiiaia  fe/iir^ia,  u. 
drawers  reaching  from  the  narel  to  the  knee  (cf. 
Hieron.  Epiit.  ad  FtAiol.),  a  um  nhich  ii  fonnJ 
in  the  Septuagint  (Eiod.  ixriii.  42,  iiiii.  ilS; 
LeTit.  vi.  10,  iTi.  4).  but  the  two  worda  are 
distinct  in  meaning.  These  omamenta  are  alio 
called  wtpia^ipm  (Clem.  Al.  Paed.  ii.  12,  122; 
cf.  Herod,  ir.  176),  but  elsewhere  are  referred  to 
by  more  general  namei,  luch  ai  wt'loi  (Arittoph. 
Fragm.  320,  1 1  K.\  or  it^-piUai  (Hetych.  ».  r.). 
[Cf.  Iwan  Htiller,  ffjndhuch,  iv.  p.  435;  Mar- 
iioardt,  P,-iiallrbm,  p.  705  ;  Hiibner  in  Herma, 
i.p^  354.1  [W,  lU     [W.C.F.A.] 

PEEISTY'LIUMorPEElSTY'LUM.  The 
Greek  adjective  wipiirrvKiit  ia  applied  either  to 
a  court  aurroanded  by  colonnadei  on  the  inaide, 
or  to  a  building  anrronnded  by  them  on  the 
outiide,  at  a  temple.  It  ii  then  used  alone,  in 
(II  three  gotden,  with  a  anhetantiye  ander- 
■tood,  for  s  court  with  colonnadei;  hence  the 
Latin  perati/lum,  or  more  commonly  the  sub- 
BtaatiTe  form  ptrittylmn.  It  in  eipeciatly 
used  fur  the  courts  of  a  Greek  dwelling- 
bouee,  and  for  that  introduced  into  Roman 
boiues  in  imitation  of  them.  [Doml'B,  Vol.  I. 
p.  671 J  [E.A.  G.] 

PERO.  The  hoota  worn  by  ehepherdi  and 
labouten  in  rough  nnd  mnddy  weather  were 
usually  of  untaaned  leather  and  made  at  home. 
The  Greek  if$iXi,  wai  of  thia  kind,  for  the 
epithet  njAoiraTlr  it  giren  to  it  (Hipp.  Art.  828), 
and  it  via  uied  by  trnTellen,  hunleri,  nnd 
country-folk.  It  wai  apparently  a  low  boot,  or, 
at  anr  rate,  not  ao  high  na  the  twSpoiiiiit,  wiiich 
wereVom  by  horaemennnd  hnutera  and  covered 
the  calVet.  The  ifBi\„  in  Eur.  Hippot.  1189  i> 
merely  a  boot  of  this  kind  (see  Uunk  ad  Ion.). 
The  Roman  ptn  w^  much  the  aame;  it  was  ot 
vntanned  leather  (criufus,  Verg.  Aeiu  vii.  690), 
worn  by  ploughmeu  (peronnjui  aral»r.  Pen.  v. 
102)  and  by  countrv-folk  in  geneml  (Sorr.  ad 
Verg.  I.  c).  Cato  (in  Feat.  p.  142)  laya  that 
they  were  Uaed  by  the  old  Romans.  Sidoniui 
Apollinaris  describe'  the  boots  worn  by  Siginner, 
a  royal  youth  of  Gaul,  aa  being  made  with  the 
hair  remniuing  upon  them  (£p,  ir.  20,  "primi 
pedes  perone  aetoto  taloi  aduaque  vinciehantur  "), 
hat  it  seems  unlikely  Chat  theae  were  identical 
with  the  ptrontM  of  claiaical  times.  On  the 
monument*,  among  the  many  varietiei  of  boot 
ahown,  eeveral  roughly  noiwer  to  the  deecrip- 
tian  giitn  above,  but  no  satiibctory  identifica- 
tion aeema  possible.  (Cf.  Daremberg  Bi 
Diet.  d.   Antiq.  a.  v.    •   -—•'      " 


16.) 


>d  Saglio, 

Mayor  on  Jar. 

[W,  C.  F.  A.l 

oAu^att, 


to  the  n< 


ling  of  the  trord  haa  been 


PERPENDrCULUM   (ailSrroi,   iu,Ku$ 

e-ritiai),  a  pluTnb-line,  a  itring  with  a  piece  of 
metal  attached,  used  by  muotii,  caipcnten,  &c. 
to  test  the  carreclneas  of  their  perpendicular 
lines  (VilniT.  vii.  3,  5;  laid.  Or.  lii.  18): 
hence  the  eipreuion  ad  perpendku/um  of  the 
correct  line  (Cic.  rerr.  i.  51,  133;  Caes.  B.  O. 
iv.  17,  Ac).  Cicero  <a<f  Qu.  Fr.  iii.  1,  2)  di(- 
lingaiihes  it  from  linra  (=iia^>),  the  line  for 
measnring  horiiontally.  This  linai  was  called 
In  Greek  nlso  (rxotrei  and  rnprler,  and.  from 
its  being  cotonrefl  to  make  a  mark,  puXrtiQr. 
BlSmner,  wrongly  we  think,  uclodei  OT^fiq 
from  this  sense,  and  makes  it  altogether  equiva- 
lent to  perprndictilam.    There  ia  no  doubt  that 


374 


PEBPBTUA  ACTIO 


PERSONA 


it  was  sometimes  a  plumb-line,  as  in  Anth.  Pal,  i 

vi.  103,  ffrdBfiriv  ftoKi^x'^^^*  ^^^  ^^^^  i^  ^^ 
also  (perhaps  more  commonly)  a  horizontal  line 
is  clear  from  its  use  to  make  a  straight  ri^pos 
in  Hom.  Od.  xzi.  121.  It  was  probably  a  line 
getting  the  true  direction  either  way  ;  and  the 
expressions  igapk  trrdBfAi^y,  M  irrdBfiTiv  would 
come  from  either  use.  We  hare  also  the  phra:3es 
vphs  KdBrror,  cty  KdB^roy  =  ad  perpendiculum. 
(Blumner,  Ttchnologie,  ii.  235.)         [G.  E.  M.] 

PERPE'TUA  ACTIO;  PERSECUTORIA 
ACTIO.    [Actio.] 

PERSO'N  A  (larva,  wp6<rvwop  or  ypoirsrirftoy), 
a  mask.  Masks  were  worn  by  Greek  and  Roman 
actors  in  nearly  all  dramatic  representations. 
This  custom  arose  undoubtedly  from  the  practice 
of  smearing  the  face  with  certain  juices  (Hor. 
ad  Pif.  277)  and  colours,  and  of  appearing  in 
disguise,  at  the  festivals  of  Dionysus  [Diokysia]. 
The  red  colouring  was  appropriate  to  that 
worship  (Pans.  ii.  2,  6;  vii.  26,  11).  But 
leaves  were  also  used  as  coverings  for  the  face 
before  masks  (Suidas,  s,  v,  Bpiofifios :  cf.  Athen. 
xiv.  622);  and  we  hear,  too,  of  masks  made 
of  tree-bark  (Verg.  Oeorg,  ii.  387).  Now,  as 
the  Greek  drama  arose  out  of  these  festivals, 
it  is  highly  probable  that  some  mode  of  dis- 
guising the  face  was  as  old  as  the  drama 
itself.  Thespis  (Suidas,  «.  v.  94<nrts)  is  said 
to  have  smeared  the  face  with  white  lead 
(^ifivBi^X  afterwards  <vith  purslane  (ii^pdxyjf) ; 
and  finally  to  have  introduced  the  linen  mask. 
Choerilus  of  Samos,  however,  is  said  to  have 
been  the  first  who  introduced  regular  masks 
(Suid.  8.  V,  Xoipi\os).  The  invention  of  masks 
is  elsewhere  attributed  to  Aeschylus  (Suid.  8.  v. 
Alaxv\os :  Hor.  ad  Pis,  278),  though  the  latter 
had  probably  only  the  merit  of  perfecting  and 
completing  the  whole  theatrical  apparatus  and 
costume.  Phrynichus  is  said  to  have  first  intro- 
duced female  masks  (Suid.  s.  v.  ^pvyixos). 
Aristotle  {Poet.  5  =  1449  b,  4)  was  unable  to 
discover  who  had  first  introduced  the  use  of 
masks  in  comedy.  Some  masks  covered,  like  the 
masks  of  modern  times,  only  the  face,  but  they 
appear  more  generally  to  have  covered  the 
whole  head  like  a  visor,  fastened  with  bands 
under  the  chin,  for  we  find  always  the  hair 
belonging  to  a  mask  described  as  being  a  part  of 
it ;  and  this  must  have  been  the  case  in  tragedy 
more  especially,  as  it  was  necessary  to  make  the 
head  correspond  to  the  stature  of  an  actor  which 
was  heightened  by  the  cothurnus.  The  terms 
for  having  a  mask  put  on  are  irtpiriBttrBat,  ^iri- 
KfT<r$m,  wfpuetiffBai :  for  putting  off,  iiwori$f<r0atj 
atp€\9ty  (Lucian.  Tim.  28,  Nigr.  11,  de  Salt.  27, 
jtro  Merc.  Cond.  5,  Icaromempp.  29).  The  masks 
were  made  by  CKtvoiroioL  Aristotle  (Poet.  6  = 
1450  b,  19)  notices  how  important  their  art  was 
for  the  stage  effect. 

I.  Tragic  Masks.  It  may  at  first  seem 
strange  to  us,  that  the  ancients,  with  their 
refined  taste  in  the  perception  of  the  beautiful 
in  form  and  expression,  should  by  the  use  of 
masks  have  deprived  the  spectators  in  their 
theatres  of  the  possibility  of  obser\'ing  the 
various  expressions  of  which  the  human  face  is 
capable,  and  which  with  us  contribute  so  much 
to  theatrical  illusion.  But  it  must  be  remem- 
bered that  in  the  large  theatres  of  the  ancients 
it  would  have  been  impossible  for  the  greater 
]>art  of  the  audience  to  distinguish  the  natural 


features  of  an  actor.  The  features  of  the  masks 
were  for  this  same  reason  very  strong  and 
marked.  Again,  the  dranuiia  pertomie  of  most 
of  the  ancient  tragedies  were  heroes  or  gods,  sad 
their  characters  were  so  well  known  to  the 
spectators,  that  they  were  perfectly  typical. 
Every  one  therefore  knew,  immediately  on  the 
appearance  of  such  a  character  on  the  stage, 
who  it  was,  and  it  would  hare  been  difficult  for 
a  Greek  audience  to  imagine  that  a  god  or  b«ro 
should  have  had  a  face  like  that  of  an  ordinarv 
actor.  The  use  of  the  cothurnus  also  rendered 
a  proportionate  enlargement  of  the  countenance 
al»olutely  necessary,  or  else  the  figure  of  an 
actor  would  have  been  ridiculously  dispropor- 
tionate. T^astly,  the  solemn  character  of  ancient 
tragedy  did  not  admit  of  auch  a  variety  of 
expressions  of  the  countenance  as  modem  tra- 
gedies; the  object  of  which  seems  to  be  to 
exhibit  the  whole  range  of  human  passions  io 
all  their  wild  and  self-devouring  play.  How 
widely  different  are  the  characters  of  ancieot 
tragedy !  It  is,  as  Miiller  {Hist,  of  the  LH.  of 
Anc.  Greece,  i.  p.  298)  justly  remarks,  perfectly 
possible  to  imagine,  for  example,  the  Orestes  of 
Aeschylus,  the  Ajax  of  Sophocles,  or  the  Medea 
of  Euripides,  throughout  the  whole  tragedr 
with^he  same  countenance,  though  it  would  be 
difficult  to  assert  the  same  of  a  character  ia 
any  modern  drama.  But  there  is  no  necessity 
for  supposing  that  the  actors  appeared  through- 
out a  whole  piece  with  the  same  countenance: 
for  if  circumstances  required  it,  they  might 
surely  change  masks  during  the  intervals  be- 
tween the  acts  of  a  piece.  Whether  the  open  or 
half-open  mouth  of  a  tragic  mask  also  contn- 
buted  to  raise  the  voice  of  the  actor,  as  Gelliu 
(v.  7)  thinks,  cannot  be  decided  here,  though  we 
know  that  all  circumstances  united  to  compel  a 
tragic  actor  to  acquire  a  loud  and  sonorous 
voice.  The  km^  vpivwita  appear  to  have  bad 
masks  (Lucian,  Taxar,  9;  de  Hist,  cfmxr.  4), 
also  the  chorus  in  Comedy  (Schol.  on  Ar.  >u6. 
344 ;  Theophr.  Char.  6),  and  most  probably  the 
chorus  in  Tragedy,  both  because  it  was  likelr 
that  all  the  performers  should  be  fairly  uniform 
in  appearance,  and  also  we  are  told  that  the 
Eumenides  in  Aeschylus's  play  had  masks  with 
snakes  in  their  hair  (Pans.  i.  28,  6).  Vet  io 
certain  illustrations,  such  as  in  Baumeister'$ 
Denkmaler,  fig.  910,  the  Mw^k  wp6ff9tva  appear 
without  masks. 

The  masks  used  in  ancient  tragedies  were 
thus,  for  the  most  part,  typical  of  certain  cha- 
racters, and  consequently  differed  according  to 
the  age,  sex,  rank,  and  other  peculiarities  of  the 
beings  who  were  represented.  Pollux,  from 
whom  we  derive  most  of  our  information  en 
this  subject,  enumerates  (iv.  133,  Ac.)  28  typical 
or  standing  masks  of  tragedy :  six  for  old  mM, 
eight  for  young  men,  eleven  for  females,  and  three 
for  slaves.  The  number  of  masks  was  indefiBit'. 
which  were  not  typical,  but  represented  certain 
individuals  with  their  personal  peculiarities,  soch 
as  the  horned  Actaeon,  the  blind  Thamyris  with 
one  eye  black  and  the  other  grey,  the  myriad- 
eyed  Argus,  Tyro  with  cheeks  all  bruised  from 
the  blows  of  Sidero;  the  represenUtions  " 
River  and  Mountain  Gods,  Centaurs,  Titans 
GianU,  Indians,  Tritons,  the  Minoteur,  kc. ;  and 
such  allegorical  figures  as  Justice,  Death,  Mad- 
ness, Drunkenness,  Deceit,  &c    See  Polloi,  ir. 


PERSONA 


PERSONA 


375 


141f  142f  who  mentiona  nuuiy  more  tnch  tie(nt€va 
Tp^arvo,  u  they  were  called.  The  only  example 
«(  an  fiC9K€vow  Tp6vmrcw  which  we  possess  is 
fivm  a  Terf  beantifal  wall-paintiDg  from  Pom- 
peii, reproduced  in  Baomeitter's  DenkmaUr^  fig. 
m?,  p.  1851.  It  is  Perseus  with  his  Cnp  of 
Itrkness  and  its  griffin  crest.  The  standing 
Ds&ks  of  tragedy  are  diTided  hy  FoUnz  (iv.  133- 
14<>)  into  five  classes. 

1.  Tragic  mouka  for  old  men  (133-135).— The 
nask  for  the  oldest  man  on  the  stage  was  called 
{«p(af  i^pt  from  the  circumstance  of  the  beard 
bting  smoothly  shared.  The  hair,  which  was  in 
most  cases  attached  to  the  masks,  was  white, 
and  fanng  down  with  the  exception  of  a  part 
aWe  the  forehead,  which  was  raised  by  a  pro- 
jection OB  the  mask.  This  projection  rose  either 
into  an  acute  angle  (\a3Soei8is  is  the  word 
PoUox  uses),  or  was  rounded  at  the  top.  It 
vas  called  ^iros.  The  size  of  it  varied  chiefly 
according  to  the  social  position  of  the  person 
represented.  The  chin  of  this  mask  was  close 
<haTed,  the  cheeks  flat  and  hanging  downwards. 
Tliis  would  be  the  mask  worn  by  Cadmus,  and 
perhaps  Priam  (Snidas,  s.  o.  vpio/iM^rai).  2.  A 
second  mask  for  old  men,  called  \tvKhs  Mip, 
had  grey  hair,  floating  around  the  head  in  locks, 
the  besird  fixed  to  the  mask  and  immovable 
{ytffww  gewifydy).  It  had  drooping  eyes  and  a 
palish  colour  (vapdAcvicot).  This  was  perhaps 
the  mask  Tlresias  would  wear  or  the  ^01807017^1 
io  Sophocles'  £Uctra  (43).  3.  A  third  mask, 
called  ffvoprow^Xiof,  haid  black  hair  interspersed 
with  ^y,  and  was  somewhat  pale.  It  probably 
represented  a  hero  of  from  40  to  50  years, 
perhaps  the  mask  of  Oedipus  (cf.  Soph.  0.  2*. 
742  i).  4.  The  fourth  mask,  fitKtu  Mip,  repre- 
KBted  a  hero  in  his  full  vigour,  with  dark  curly 
hair  and  beard,  strong  features  and  a  high  Hyitof. 
This  was  probably  the  mask  for  most  of  the 
trade  heroes  who  were  not  very  much  advanced 
ia  age.  5,  6.  For  a  secondary  class  of  heroes 
there  were  two  other  masks,  the  ^aa^Bhs  and  the 
{oi^cpos  h^p :  the  former  represented  a  fair 
nan  with  floating  locks,  a  low  ijKost  and  a 
1^  colour  in  his  countenance ;  the  second  or 
fairer  man  was  pale  and  of  a  sickly  appearance. 

2.  Tragic  maaka  for  young  men  (135-137). — 
Among  these  are  mentioned:  1.  The  ptitylcKos 
v^Tx^ffTof,  a  mask  intended  to  represent  a 
man  who  had  just  entered  the  age  of  manhood, 
and  was  yet  unbearded,  but  of  a  blooming  and 


>I^  of  a  joaag  nan.    (JTus.  Borh.  xl.  Tav.  xUi.) 

hrownish  ooro^exion,  and  with  a  rich  head  of 
hlack  hair.    Thia  is  the  mask  to  be  given  to 


such  a  character  as  Achilles  in  the  Iphigenia  in 
Auiis.  The  word  wd7xpi)<rrof ,  "  all-excellent,** 
is  used  possibly  for  the  virtuous  hero  of  the 
piece.  2.  The  vcoWiricof  oSAot,  a  fair  youth  of  a 
haughty  character;  his  hair  was  curly  and 
attached  to  a  high  iyxos:  his  character  was 
indicated  by  his  raised  eyebrows.  A  specimen 
of  the  oZ\os  vtayiiTKOs  is  given  above  from  a 
statue  of  Melpomene  (Jfus.  Borb.  xi.  Tav.  xlii.). 
3.  UtaytffKos  vdpovKos:  resembled  the  preceding 
mask,  but  was  somewhat  younger.  The  coun- 
terpart of  these  two  was  (4)  the  oroA^f,  a  young 
man  of  a  delicate  and  white  complexion,  with 
fair  locks  and  a  cheerful  countenance,  like  that 
of  a  youthful  god.  5,  6.  Utyap6s.  There  were 
two  masks  of  this  name,  both  representing 
younz  men  of  a  severe  appearance,  of  yellow 
complexion  and  fair  hair,  gloomy  and  squalid 
(kotii^s,  Svcnny^f);  the  one,  however,  was 
thinner  and  younger.  7.  *Cixp6fj  a  mask  quite 
pale,  with  hollow  cheeks  and  fair  floating  hair. 
It  was  used  to  represent  sick  or  wounded 
persons.  8.  The  wdpotxpos  might  be  used  for 
the  wd7Xpi}<rTos  if  this  character  was  to  be 
represented  in  a  sufiering  condition  or  in  love. 

3.  Tragic  masks  for  male  slaves,  —  Pollux 
(137,  138)  mentions  three-— viz. :  1.  The  Si^e- 
piasy  '*  leather  jerkined,"  which  had  no  ^icor, 
but  some  sort  of  a  covering  (^tpiKpayov)  round 
the  smoothly-combed  white  hair.  The  coun- 
tenance was  pale,  the  beard  grey,  the  nose  sharp, 
the  eyebrows  raised,  and  the  expression  of  the 
eyes  gloomy.  Perhaps  like  the  9tpAw»v  in  the 
Bacchae,  2.  The  atfniyoir^Wj  **  wedge-like- 
bearded,'*  represented  a  man  in  the  prime  of  life 
with  a  high  and  broad  forehead,  a  large  JSyxos, 
broad  and  rounded  inwards  at  the  top  (icoiAox- 
p6fi€Pov  iy  T^  vcpi^pf ),  hard-featured  and  red 
like  a  messenger.  3.  The  iofdaifioty  or  snub- 
nosed,  had  a  high  lyKot  {{nr4poyKos)  with  fair 
hair  rising  up  on  it ;  had  a  reddish  face  and  no 
beard.     He,  too,  acted  as  a  messenger. 

4.  Tragic  masks  for  female  slaves  (139). — Of 
these  five  specimens  are  giwn.  1.  IloAi^  Kord- 
leo/iot  (i.e,  with  long  grey  hair),  originally  called 
irapdxptftios  (with  altered  colour).  It  repre- 
sented an  old  woman  with  long  grey  hair,  a 
small  SyicoSf  pale  and  dignified  to  indicate  one 
who  had  seen  better  days.  2.  T^  i\t{f$9poy 
ypai^ioy,  an  old  freed-woman  with  fair  hair 
turning  grey,  hanging  over  a  small  Hyxos  down 
to  the  shoulders.  She  was  apparently  in 
mourning.  3.  T^  oiKtriithy  ypa^u>y  had  a 
covering  for  the  head  of  sheep-skin  instead  of  an 
tjKos^  was  very  wrinkled.  4.  Th  oUrrtKhy 
fit<r6Kovpoy  (''with  a  tonsure,'*  like  that  of 
monks)  had  a  small  SyKoSf  white  skin,  rather 
pallid;  was  not  quite  grey- haired.  5.  Ai^c- 
plris  represented  a  young  slave-girl  without  any 
iyicos. 

5.  Dragic  masks  for  free  women  (140,  141). — 
Of  these  seven  specimens  are  given.  1.  Kordiro/Aos 
uxp^  represented  a  pale  lady  with  long  black  hair 
and  a  sad  expression.  She  generally  shared  the 
sufferings  of  the  principal  hero  in  the  play. 
On  the  next  column  is  an  example  taken  from 
Baumeister,  op,  cit.  fig.  1945,  p.  1849.  2.  Me- 
<r6Kovpos  &XP^  resembled  the  former,  only  that 
she  had  a  tonsure  and  was  pale,  as  well  acquainted 
with  sorrow.  3.  Mco'tficovpos  wp^o-^oros  probably 
represented  one  who  was  just  new  to  some  great 
sorrow.    Hence  it  had  the  tonsure  for  mourning, 


OD  each  tide  el  the  liwd  with  a  little  cut  off  id 
front  (Jtal  Ppax'a  ir  i(vk*9>  rtfutiuaf^ai). 
Thii  wu  the  muk  of  Antigone  and  Electn  (kc 
Brnack,  Aaalecl.  ' " 


I,  like  the  other 


cept  tl 


D  them 


ling    girl, 


flMting  about 

grief.     S.  The   k6i»i. 

e.g.  ■  daughter  of  Darmu-. 

The  account  which  Pollui  givee  of  the  tragic 
ipaaki  CMnpreheudi  a  great  number,  but  it  is 
small  ID  compariaoD  with  the  great  rarietf  of 
miiki  which  the  Oreeka  mu«t  have  uied  in  their 
rariooi  tragedieai  for  the  distorted  maiks  with 
widely  open  montha,  which  are  aeeo  in  great 
nnmben  ddiod?  the  paiDtiDgi  of  Herculaneum 
and  Pompeii    (lee 


iOT*^^^^ 

Borion.  vol.  i,  tAl>. 

20),    would    give 

but  a  very  inade- 

quate   notion    of 

■SiS^ 

the  maiki  uied  at 
Atbeni  during  the 

"-•■C^tf— " 

period  of  the  arli. 
All  the  repreien- 

talione   of   tragic 

■Diak*  belonging  to  thi»  period  do  not  .how  the 

tlighteat  trace  of  eiaggerat 

the  featurea  of  the  coantens 

nee,  and  the  month 

i,  not  opened  wider  than  wo 

nld  be  neceuary  to 

enable  a  per«on  to  pronounc 

■uch  aoundt  at  oK 

or  ha.     In  later  tim«,  how 

ver,  dietorliona  and 

■Mggerationi    were    carricl 

10   a    very    great 

eitent,  bn 

t  more  particularly 

f^n^^^^  (Philoilr.  Vit.  Apotlon.  t.  9, 
M-i^^W'  P-  *3'  KaTMr;  Lucian,  ifr 
TF     U"  Saltat.^l/Anach.  23,  .Vuj,m. 


The  annexed  woodcut  n 


Fomptll.  tragic,  which    are    placed   i 

the  feet  of   the  choragui    . 

the  celebrated  mouic  found  at  Pompeii  (Jfits 

Jlwhnn.  vol,  ii.  (ab.    56;  Cell,  l-omp.    vol. 


pi.  45).  The  ffyut  ii  furly  welt  repre- 
nted. 

II.  CoXiC  UABsa.— Id  the  Old  Attie  Comedv, 
which  iiring  and  diitioguiihed  penou  wne 
often  brought  upon  the  itage,  it  waa  neceaiary 
that  the  maika,  though  to  acme  eitent  they  miy 
have  been  caricature),  ahoutd  in  the  main  poinli 
be  faithful  portrait*  of  tbe  indiridnalt  whan 
they  were  intended  to  represent,  ai  othtrniK 
the  object  of  the  comic  poets  could  not  hire 
been  attained  (Platon.  de  Diff.  Com.  p.  lir.  v.  80, 
Dubner ;  Aristoph.  Eq.  230,  and  Sehol.).  Wt 
know  that  no  octiwvoiii  ventured  to  nuke 
Clean'!  maik  ;  AeUan  (  V.  H.  iL  13)  aari  that  tht 
mask  of  Socrates  in  the  QimU  wai  a  (aithful 
representation.  Of  course,  the  chorus  of  Birds 
and  Cloud*  and  such  like  had  peculiar  masks  of 
their  own,  as  nlaosnchout-of-the-waj  chsrarten 
as  IVodartabu  in  the  Achamiant.  The  muki 
of  the  characters  in  the  Old  Attic  Comedy  were 
therefore,  on  the  whole,  faithful  to  life,  aod  frtt 
from  the  burlesqae  eiaggeratioDs  which  ve  <et 
in  the  masks  of  later  times.  A  change  was  nair 
in  the  comic  masks  when  it  waa  forbidden  to 
represent  in  comedy  the  archon  by  imitating  lii> 
person  upon  the  stage  (Schol.  ad  Aristoph.  A''•^ 
31);  and  still  more,  shortly  afler,  by  the  ei- 
tension  of  this  law  to  all  Athenian  dtitent 
(Schol.  orf  Aristoph.  jicA.  U50,  Av.  lW7;Soid. 

1.  V.  'Arrtfiaxoi).  The  consequeDce  ofanch  lari 
was,  that  the  masks  henceforth,  instead  of  in- 
dividuals, represented  classes  of  men,  i.r.  Ibtr 
were  masks  typical  of  men  ufcertaio  profeseiosi 
or  trades,  of  a  particular  age  or  (tation  in  lilt, 
and  some  were  grotesque  caricatnrei.  A  non- 
ber  of  standing  characters  or  masks  was  thu- 
introduced  iu  comedy.  In  the  Kew  Comedy  i 
they  were  very  ridiculous  and  unnatural -look-  , 
ing,  with  enormonily  wide  and  diatotted  moatlu 
(PUton.  de  Dig.  Com.  p.  liv.  83-91),  at  lessi 
for  the  characters  representing  the  lower  ord*n 
and  old  men.  Platonins  says  the  reason  'sa 
fear  of  caricaturing  any  influential  Uandoniss, 
Pollui  girea  a  liatofaucfa  >tsndiag  masks,  which 
are  divided,  like  those  uf  tragedy,  into  five 
classes. 

1.  Onicm(inb/oroU(nAl(143-U5>— N'ine 
masks  of  this  claas  are  mentioned.  The  mask 
representing  the  oldest  man  was  called  Tidrrfr 
Tpwros:  his  head  waa  shaved  to  the  akin,  he  had 
a  mild  eipression  about  his  eyebrows,  his  besid 
waa  thick,  his  cheeks  hollow,  and  his  ly 
melancholy.  His  completion  was  pale,  and  the 
whole  eipreaiion  of  the  coantenance  was  mild. 

2.  The  wdsrei  trtpat  w»s  of  a  more  emtdsted 
and  more  vehement  appearance,  *ad  and  [ale; 
he  had  hair  on  his  head  and  a  beard,  but  the 
hair  was  red  and  his  car)  broken  from  boiiag. 

3.  The  hy*!^'  rptir$imt,  likewise  an  old  min, 
with  a  thin  crown  of  hair  round  his  head,  aa 
aquiline  nOH,  and  a  l!at  countenance.  His  riiihl 
eyebrow  waa  higher  than  the  left.     (Cf.  QuinliL 


nrtoribns  moria  est  quod  cum  lis  quas^ajool 
pnrlibuseoDgro.il.")  An  eiample  of  the  frye^uff 
vftv$iTiii  la  girrn  below  from  Hiiller,  IJi.  ni- 1 
=  Baumettter,  Hg.  903  a.  4.  The  tfs6lrvi% 
liaKfot^ym*  hud  a  long  and  floating  beard,  sad 
likewise  ■  crown  of  hair  round  hia  head ;  his 
evebrows  were  raised,  but  his  whole  aipecl  "»' 
tiiat  of  a  dull  man.     5.  The  'tfii^nm  was  thai 


PER80XA 


377 


if  *  DUD  gitliog  bild  (In^aXarrfat,  different 
fnm  faiiwipit,  utually  bild,  Dekk.  Am    ' 
31),  but  it  bad  a  bawd  ind  rau«d 


"HjHpiir  »pw^ntt.    (Fnn  *  Mm-cvtlt  mwk 


■u  or  >  grim  ■ppcannce.  The  niiwe  of  the 
muk  WW  dcrirel  cither  from  an  actor  or  » 
niinvWi,  ■■  wRi  alio  that  called  Avko^^'obi. 
No.  7.  $.Tbtapiimiiymr,OTirtdge-\[ktbnadtd 
niuk.  wa*  likewiw  bald,  had  nised  cTrbrowi. 
and  looked  rather  ill-tempered  ^Irwoiia-rpiiTos'j. 
7.  The  AiND^tui  (cT.  No.  5)  had  >  thick 
loBi  beard  and  had  one  eyebrov  nued,  u 
if  ^Korfced  in  buiines*.  S.  The  Taproflixricii 
vu   eanMirhat   Lke    the    Utter,   but    his    iip 


torted 


hei 


either  bald  or  getting 
bald.  9.  The  tiirtpai 
'tptiAnai  had  a  pointed 
bewd,  bat  stherwise  no 
hair. 

The  uneied  comic 
DUsk,  repmenting  an  old 
man,  it  taken  from  the 
Miam    Borion.    Tnl.    i. 


%  Comic  noAtfor  young  ncn  (146-148).— 
Pollui  enumentea  eleven  muki  of  this  kiad. 
J.  The  w6rfj(finvroj  formed  the  transition  from 
thf  old  to  the  jonng  men ;  he  had  but  few 
nioklei  on  hii  forehead,  ahowed  a  muicnlar 
cBuiitDlion  (TufimoTucJi),  wai  rather  red  is 
the  face,  aikd  ilight);  lao-hnnit  ((nnxpoo'- 
fwrwi) ;  the  npper  part  of  hi)  head  wai  bild,  hi* 
hw  waa  red,  and  hie  eyebrows  railed.  2,  The 
Hv.Vni  itihas  wai  jouaga  than  the  preceding 


eJAot, 


:k-haired  jonng  mar 
hudiome,  and  of  ■  blooming 
errtrowa  were  eitended,  and  there  wi 
■riDkle  npon  hii  rorehead.  4.  The  veorl 
inA^i ;  his  hair  *ta  like  that  of  the  wiyxp^t 
^1  he  via  the  f  oungeat  of  ill,  and  repreu 
>  ItndeT  and  effeminate  joath.  5.  The  «• 
«  roitic  joung  man,  had  a  dnrk 
Imaii  lipa,  a  pog-noie,  and  a  crown  of  hair  round 
iu  bead.  6.  ^»  twiatirtot  ar/nrruiTijt  wai  of 
<ivk  compleiion,  and  had  long  dark  hair  waring 
tboiii.  Thia  would  be  the  maik  of  the  Hiln 
l^loriDtoa.  T.  The  iwifftumf  liirtpai  nai  the 
oiBt  te  the  preceding,  only  yonnger  and  of  n 


ti  young  and 


.mpieiion, 


f;iir  compleiion.  S.  The  iiiXai  or  the  flattem, 
and  9.  the  nytbrirai  or  pamsite,  were  dark 
(compare  Athen.  tL  p.  237),  abd  had  aqailino 
noses.  Both  presented  a  luiurioui  and  well- 
fed  appearance  (ebvoeerj);  the  partite,  ho* 


had  broken 


1  had  a 


wicked  eipreMion  about  hit  eyebrows.  10.  The 
tbcovwJi  (i.e.  like  a  utatue)  had  a  few  grey  hain 
apread  OTer  hii  head,  a  cloie-ibaTed  chin  :  the 
wearer  wia  got  up  in  splendid  attire  (tlrrclpv^t) 
and  represented  a  alntnger.  He  could  alio  act 
a  kind  of  paniite.  BOttiger  thinka  we  ihoald 
read  Smataads.  11.  ThaZwtAwti  wai  a  third 
kind  of  panuite. 

3.  Comic  nuuta  far  male  i7ai«i  (149, 150).— 
Of  thii  claii  MTSD  matks  are  mentioned.  1.  The 
mask  representing  a  very  old  man  wai  called 
vifmi :  it  had  grey  hair,  aud  indicated  that 
he  had  obtained  his  liberty.  2.  The  fiytn^r 
tipiirttr  had  hia  red  hsir  plaited,  raised  eye- 
browa,  and  a  contnctcd  forehead.  He  waa 
among  alaFn  the  ume  character  aa  the  Tpto-- 
Binit  among  freemen.  3.  The  xifta  T)N;if[af,  or 
xim  TiTpixt/iiriii,  was  half  bald-headed,  had 
red  hair  and  raised  eyebrows.  4.  The  stAot 
Btpiimr,  or  the  thick-haired  alare,  had  red  hair 
and  atadcODOtenance;  he  was  without  eyebrows, 
half-bald,  and  with  squinting  eyes.  b.  The  0ep(l- 
■wv  Malamf  was  bald-headed  and  had  red  hair. 
Molvvr  was  ■  character  in  a  farce,  like  Haccui 
in  the  Atellanae,  though  Athenaeos  (liv.  659} 
and  Feitus  (s.  v.  ifocion)  any  be  was  an  actor. 
6.  The  Stpiwiir  tJtti{  was  bald-headed  and  dark, 
but  had  two  or  three  slips  of  hair  on  his  head 
and  on  hia  chin,  and  he  also  had  aqninting 
eyea.  Why  he  nai  called  r^if  is  not  plain. 
Athenaeni  (/.  c.)  says,  UiXtvw  al  raXaial  riv 
fiAr  woAcTiic^r  fidyttpor  Kalmtrm,  rhp  fl*  iuriwiia/ 
Ttrrey^  T.  The  frCireHrrai  iiytiiJr,  or  the 
audacious  alare,  reaembled  the  ir/t^A*  Sipinr 
with  the  exception  of  the  hair. 

for  old  vomen  (150,  151).— 


Pullui 


I   thre. 


..  The 


hxr^  or  \uKairai  . 
who  wai  tall  with  many  but  email  wrinkles, 
pale,  and  with  squinting  eyes.  S.  The  n-^eui 
tfoui,  or  the  old  woman  with  large  wrinkles, 
Bad  a  band  ronnd  her  head  keeping  the  hair  to- 
gether. 3.  The  ypaituyr  oiKmipir,  or  the  domestic 
old  woman.  Her  cheeks  were  hollow,  and  she 
had  only  two  teeth  on  each  side  of  her  mouth. 

5.  Comic  maaki  for  young  viomen(15i-lbi).— 
Pollui  mention*  fourteen,  til:  1.  The  -yvrii 
Xecruri),  or  th'  talking  woman ;  her  hair  was 
smoothly   combed  down,   the  eyebrows  rather 


lised,  a 


1  then 


Ti  whit* 


I.  The  • 


otXii  was  distinguished  from  the  preceding  oaty 
by  the  way  she  wore  her  hair.  3.  The  tipv 
had  her  hair  combed  smoothly,  had  high  and 
black  eyebrows,  and  a  white  complexion.  4.  The 
i^evSacopii  had  a  whiter  coaipleiion  than  the 
former,  her  hair  was  bound  up  on  the  top  of  the 
head,  and  she  was  intended  to  repreaent  a  young 
woman  who  had  been  lately  mnrried.  5,  Another 
mask  of  the  same  name  was  only  distinguished 
from  the  former  by  the  fact  that  the  hair  wa* 
not  divided  {rf  AiianplTyi  t^s  ir^^Aql).  6.  The 
vwa^oriXiBt  AeicTurq,  an  elderly  woman  who 
had  once  been  a  proetitute,  and  whose  hair  was 

Cly  grey.       7.  The  va\Xait))  resembled   the 
ler,  but  had  abetter  head  of  hair(irfpJf(D^r). 
8.  The  riKnor  impinir  was  n^orc  red  in  the 


378  PEKSONA 

fux  thiD  tb«  i^isivK6pif,  and  hid  locka  about 
ber  on.  9.  Tbe  jipnTor  Iriupitior  wia  lex  gat 
np  (JbtsUthriirrai'],  and  wore  a  band  futcned 
round  h«r  bead.  10.  Tha  tiixjtoffos  tr^pa 
derived  the  snme  firom  the  gold  with  wbfcb  ber 
hair  VAA  adorned.  11.  The  tidfurpot  Jrofpa, 
from  the  v«ri«g«ted  band  wonnd  around  her 
held.  12.  Tbe  KofirjaiB*,  from  the  ciicum- 
stance  of  bet  hair  twing  dressed  in  auch  a  man- 
ner that  it  stood  npright  upon  the  head  in  the 
farm  of  a  lampat.  13.  The  iSpa  wipUovpoi 
represented  a  joung  female  slire  with  her  hair 
cut  round  (vipucdcapiienv),  wearing  onlj  a 
white  tucked-up  chiton.  H.  The  rapiiiFTiirTar 
(with  etnight  hair)  wax  that  of  ■  glare  die- 
tinguiahed  b;  her  hflir,  and  by  a  aomewhat  innb- 
noie;  she  wore  >  crocus-coloured  chiton  and 
represented  an  hetaera^a  servant. 

It  will  be  aeen  from  the  foirgoing  Ijat 
that  the  chief  points  of  dlstinrtion  in  the 
muks  lair  in  the  oolour  of  the  face,  in 
the  colour  and  arrangement  of  the  hair, 
in  the  size  of  the  t^iroi,  and  in  tbe  eye- 
brows. It  i<  to  be  noticed  that  the  iria  aa 
well  aa  the  whites  of  the  eres  must  hsTa 
been  represented  In  the  mask,  &s  t.g.  the 
Si^pCat  (i.  3,  1)  is  said  to  hare  had 
i^iSa^ltBbi  vitvipmiiit,  the  rinai  wpArat 
(ii.  1,  1)  to  hare  been  i^k  liu'  nrrq^t, 
the  tpaltiar  Ivx'ir  (il.  4,  1)  to  have  bid 
squinting  ejn,  Sco.  Also  it  ia  to  be  noticed 
that  the  l«eth  ire  verj  rarely  fonnd  in 
niaska,  and  odIj  once  mentioned  in  Pallni'a 
list  (the  7patSu>r  olumpir,  ii.  4,  3). 

Numeroua  as  these  maski  are,  the  list 
cannot  by  any  means  be  ooosideted  as  com- 
pleie,  for  we  know  that  there  were  other 
standing  muks  for  persona  following  par- 
ticular kinda  of  trade,  which  are  not 
mentioned  in  Pollai.  Maeson  of  Megan, 
for  eiample,  ia  aaid  to  have  invented  a 
peculiar  maak  called  aller  bia  own  name  fialnu*, 
another  Tor  a  slave,  and  a  third  to  represent  a 
cook  (Athen.  ilv.  p.  859).  Compare  Lucian, 
Sdl.  3?,  fur  reference  to  special  masks  for  cooks. 
These  were  ■  moat  prominent  dnas  in  the  New 
Comedy.  From  Athenaens  (I.  c.)  we  also  learn 
that  Stephanaa  of  Byzantium  wrote  a  work  npl 


111.  UjtSKS  DBED  II  THE  SlTTtllC  DlUHJk 
(141). — Tbe  masks  used  in  this  apecies  of  the 
Greek  drama  wore  intended  to  wpreaent  Satyrs, 


PEB80NA 

Silenus,  and  similar  companions  of  Dionjin, 
ice  the  eipreaaiona  of  tbe  countenancea  and 
the  form  of  their  heads  inaf  easilT  be  imtgined. 
~  other  characters  wore  tbe  ordinary  tragic 
mnaka.  Pollui  only  mentions  the  grey-beaded 
Satyr,  the  beardeU  Satyr,  the  onbeanled  Saltr, 
and  the  3ti\iirit  nhnrst.  The  latter  (who 
perhapa  occat*  la  the  Cuclopi)  repreacntei  an 
■ '  nan,  proUbly  bald  (Enr.  Oi/ct.  227),  rather 
a  brute  («t),>UftJ<rTtpor>  There  appear  Is 
been  more  than  one  kind  of  Silenst  (Xen. 
5yD>p.  4,  19).  All  tbe  Satyric  charactera  appear 
to  have  bad  the  ordinary  anob-nose  and  pginled 
ears  of  Satyra.  The  dress  of  the  Silenui  «M 
called  xopvaToi  (Poll.  iv.  116).  A  grotesque 
maak  of  a  Satyr,  together  with  ona  of  tbe 
finest  specimena  ofa  tragic  maak,  is  contained  in 
the  Townley  Gallery  in  the  British  Unseam, 
and  is  represented  here.  Another  Satyrie  mask, 
probably  that  of  the  Silentu,  is  ^  r 


Aa  regards  the  earliest  representations  of  the 

regular  drama  among  tbe  Romaaa,  it  iteipretslr 
stated  by  Diomedes  (i.  46!),  10  Keil),  that  muks 
were  not  used,  but  merely  the  galerns  or  wig. 
so  that  the  colour  of  the  hair  atone  indicated  ia 
a  way  who  tbe  character  was,  according  at  it 
was  whits  (for  the  old),  bUck  (for  the  yonng). 
or  red  (for  BlBves>  In  tbelime  of  Terence  llim 
appear  to  have  been  no  masks  used  [cf.  lock 
a  scene  as  Ter.  Phom.  i,  4,  32  IT.,  and  the 
numerous  passage*  in  which  a  remark  is  said  t* 
he  made  voitu  lotto  or  nioesto  (e.g.  Aiidr,  lii. 
3,  20)  given  by  Mofier.  lie  /vreonnnun  sin  ra 
Terenlii  Comocdiit,  23-30,  cf.  34] ;  and  it  wi> 
not  «11  about  110  B.C.  that  Eosciut,  is  he  wat 
not  good-Wking  and  had  a  squint,  and  hu 
mani^r  MinuFius  Protbymus,  introduced  Ihtm 
into  tragedy.  One  Cinrins  Faliscna  is  said  I* 
have  introduced  them  intocamedy(Diomed.(.  c: 
Donat.  dt  Com.  rf  Hvg.  p.  10,  1,  Reiff.);  i' 
was  some  time,  however,  before  they  met  witk 
approval  (Cic.  lie  Oral.  iii.  59,  221).  AsHpw 
sometimes  acted  without  »  mask  (Cic  di  A'v.  i. 
37,  SO).  It  should,  however,  be  remembered 
that  masks  had  been  used  long  before  that  timr 
in  the  Atellanae  (Fest.  s.  v.  Permmaia),  so  Ihit 
the  innoratioD  of  Roscins  must  bare  been  cee- 
iined  lo  the  regular  drama  ;  that  is,  to  tnfed!^ 
and  comedy.  Aa  for  the  forms  af  Roman  miiikt. 
It  may  be  presumed  that,  being  Introdnctd  from 


PEETICA 

Cntct  at  B  UU  ■  ptriod,  thej  bid  the  ttiat 
^tfccti  u  thoH  nud  Id  Greece  >t  the  time  when 

jnilkiD  U  confirmed  b?  *tt  work*  of  irt,  and 
Ibt  {aintingi  of  Hercnluieimi  and  Pompeii,  in 
■faKb  masks  ir«  rapreMiittd ;  fpr  the  maika 
tfpimi  uiuutanllj  diitorUd  lad  the  mouth 
iliriTi  vide  opeo.  The  eipreuians  of  RomsD 
vriten  alaaanpporttbii  mppoiition.  (Gelliiu,T. 
7;  Jot.  iii.  175.)  We  miy  mention  here  thit 
imr  of  the  aldnt  USS.  of  Terence  contain 
npnMDtationi  of  Roman  maika,  and  from  thtaa 
XSS.  tfaej  have  btta  copied  in  Mreral  modora 
rdilioQi  of  tbat  poet,  i>  in  the  edition  pabliibed 
U  UrbiDo  in  1726,  fol.,  ind  in  thil  of  Dicier. 
The  cut  annelid  contaios  repreieDtitioni  of  four 
ti  tbees  maaki  prvfind  to  the  A»Ma. 


^G^ 


FHALANQAE 


S7f» 


'"^m  m 


Wkn  acton  at  Rome  displeased  their  indience 
ud  were  hiued,  ttaef  were  obliged  to  tike  off 
tbor  masks  ;  bnt  thoK  who  acted  in  the  Atel- 
luM  were  not  obliged  to  do  so  (Feit.  u  t.  Ptr- 
tmatafabula  ;  Uicrob.  Sal.  ii.  7>  The  Romaa 
mime,  nmr  wore  mn.k..  [Ml«Ci.]  (Com- 
pat  FicoToni,  DUierlalio  de  LanU  seenicii  tt 
Figftrit  comicit  out.  Som.,  Rome  1T8S  in)  1750, 
ito :  Ft.  SticTe,  Ditttriatia  de  rri  toaucat  apud 
fiMuKU  Uridine  ;  Witischel  in  Paul;,  V.  1373- 
1380,  L  V.  Permma  ;  P.  WiieeltT,  TheattrgthSude 
^>d  DerJoMler  da  BSA»cniMMens  ;  Sommerbrodt, 
Smiai,  pp.  199-203;  A.  Hiillar,  J>ie  Qriaki- 
*Ae%  Bih»€nalterthamer,  3T0-28S ;  Bernini 
Arnold  in  BanrntiMer'i  DnimSter,  t.  vr.  Lust- 
ipid,  Sati/rtfM,  ScSmupieler  und  SiAaiupielkiaiit, 
ud  TrttueripM.)  [L  8.]    [L  C.  P.] 

PBBTICA.    [HcmnKA,  p.   162;   Decem- 

RDl.] 


PE88I  (» 

PE^iULUS.  [J*Hc*.] 
PETALCSMDS.  [ExaiLiuii.Tol.  I.p.  819.] 
PKTASUB.  [P1LLEC8.1 
PETAUBISTiE.  [Pettitodii.] 
PETAUBUM  (wdroopDr,  Wrtvpor)  w**, 
firillj,  a  poU  or  penh  apon  which  fowls  rooiMd 
(ntiK.  liii.  13;  PoUni,  i.  156);  henc*  the 
briter  known  nir,  a  tpritigJtoard  for  lerobiti 
ipfUpBistcu);  in  iti  limpteit  form  i  board 
MsDctd  like  1  jeenw.  from  which  the  per- 
(nnnen  threw  themselves  ("corpori  jactita 
prtinto,"  Jot.  air.  265;  cf.  Locil.  fr.  100); 
km  it  might  be  gmtl;  elaborated,  so  that  they 
ifmng  off  through  hoops,  ind  performed  na  on 
s  Irapcie.  The  hoops  were  tometimes  on  (ira, 
1°  mciHse  the  sensitionil  chancier  of  the  fvaC 
(Petion.  53).  On  Hanilina  r.  439-H3  Pro- 
fnaor  Hijor  uti,  "Perhaps  a  wheel  hingiDj 
>«se  in  the  air*,  ssnted  on  which  two  jugglets 
k«p  tbt  wheel  in  motion,  iltenutelj  riaing  and 
Uliag:  if  either  were  throvn  off,  be  mnit  leap 
UiioaEb  flasMs  and  bntning  hnopi."  This  doea 
■ot  (iTt  a  TBT^  plain  sense,  and  it  saenu  prttt; 


clear  that  the  petaoram  was  not  itself  ■  wheel. 
In  the  lines  referred  to  we  seem  rather  to  s«* 
two  icrdbits  springing  from  an  oscillating 
board,  IS  shore  described,  throngh  the  "flammi* 
orbosque"  {  =  the  "circnloa  Hammaales"  of 
Petronins);  when  one   has  thos  leapt  off,  the 

balance  him,  while  the  board  is  Just  swinging 
back,  uid  then  he  alio  leaps  off.  In  Mart.  li. 
21  one  end  of  the  springboard  rests  on  a  re- 
Tolring  wheel  ("rota  impocla  petanro"),  aw) 
the  acrobat  has  Rpparently  to  pass  on  to  the 
wheel,  which  may  be  the  "  gracllei  Tine  pe* 
lauri  "  of  Msrt.  ii.  88.  Pollui  ((.  e.)  seems  to 
compnre  the  ririuipar  to  the  contrivioce  in 
which  Socrates  appeared  aloft  in  the  Clowb  of 
Aristophanes.  This  will  faTour  the  conneiion 
SQggesttd  with  fUTiwpn.  (See  farther  anthori- 
ties  in  Major's  note  on  JnTenit,  I.  c. ;  Qras- 
herger,  Ertithiaig,  L  120.)    [W.  S.]   [«.  E.  M.] 

PETl'TOR.    [Acroii.] 

PETO'BBITDil  or  PETOBITIJM,  a  fonr- 
vheeled  carriaga,  which,  like  the  EwEDDM,  wu' 
idopted  b;  the  Romans  in  imitation  of  the 
Oanls  (Quint,  i.  5,  57 ;  Plin.  H.  S.  iiii».  §  163  ; 
Gell.  IT.  30).  lU  name  ia  with  probability 
deriTed  from  the  Celtic  pelvar  or  peticar, 
"fonr,"  and  rit,  "awheel,"  Festus  («.  c.)  ob- 
serres  that  pelor  meint  "  four  "  in  Oscsn  and  in 
Aeolic  Greek.  There  is  no  reason  to  qnrgtion 
this  lUleDient ;  but  it  ia  probable  tbit  Gellini 
is  right  in  saying  that  the  name  as  well  is  the 
fashion  cime  from  Giul.  OinirotI  (who  cnri- 
oudy  confosei  dvemda  witb  dueeya  in  Hor. 
Sal.  i.  B,  101)  asserU  tbit  the  TfOmbim  was  a 
two-wheeled  cnrriige,  on  the  ground  that  Aoso- 
nius  i^Ep.  8,  5)  uses  the  eipretsion  "impotta 
petoiTita:  "  be  omits  to  notice  that  the  same 
author  in  Ep.  5,  35  writes,  "  at^jaiieta  petor- 
rita."  In  truth,  the  carriage  can  be  said  to  be 
im^Kittuni  tfamagh  the  yoke  is  well  as  throngh 
the  shafli;  md  the  evidence  from  Pestus,  who 

differed  from  the  Reda  in  being  of  rougher  ind 

From  its  less  Ininrious  mike,  it  was  intended 
specially  (though  probably  not  eiclnrively)  to 
convey  the  household  of  semnls  on  journeys, 
while  the  maater  tnvelled  In  •  reds  (Schol. 
Craq.  ad  Hor.  Ep.  ii.  1, 192).  It  was  perhaps 
generally  drawn  by  a  pair  of  mules,  as  in  both 
the  passages  cited  from  Ausonius.  (Ginirot, 
Wofien  der  Alien  YdlluT,  I.  224;  Beeker- 
Gtlli,  Gailiu,  iii.  21;  llanjnardt,  PriBatltlm, 
734.)  [J.  y.]    [G.  B.  M.] 

PEZETAGRI  lwf(iraipci).       [Eiebcitus, 

FHAECA'BLA.  [CiLceta,  Vol.  I.  p.  333.] 
FHALANGAB  (piKarr^tX  any  long 
cyliudrical  {tfeces  of  wood,  anch  as  tmnka  of 
trees  (Herod,  iii.  97;  Plin.  H.  Jtf.  iii.  §  17), 
truncheons  (Plin.  H.  >f.  vii.  §  200).  Hence  it 
had  two  special  meanings:  (1)  poles  used  to 
carry  burdens,  being  supported  on  the  shoulders 
of  the  carriers  with  the  borden  hsn^ug  below 
by  ropea.  The  cirriers  were  called  phaiangarii, 
and  also  htxaphorif  tetmpbori,  &c.,  according  to 
their  number  (C.  /.  L.  vi.  1785 ;  Non.  p.  163, 
26;  Vitrnv.  i.  8).  (3)  The  word  also  aignilied 
rolleri  placed  under  ships  to  move  them  an  dry 
land,  so  as  to  drsw  them  np  on  shore  (suMucere) 
or  down  into  the  water  (dsduon-r).     They  are 


ami 


PHALASX 


.  SJ    [G.  E.  M, 

i,  Vol,  I,  pp.  76 


76B- 


tba  imeA/ikM  of  Hor,  Od.  i.  t.  3  (rf.  Savpirtm 
ti\irSp»i,  Brudck,  Anal.  lii.  ttU;  Apall.  Khod.  i. 
375-389).  Th*  roll«n  went  »idsd  by  leren 
(for  fhich  ihe  oan  were  ■ometimea  oied)  &ad 
rop«i,  often  doubled  >o  that  the  uilors  prencd 
with  their  breutt,  u  ia  ordioiry  towing  (Orph. 
Arg.  239-273).  Thtf  wen  emplofed  in  the 
ume  msaner  to  move  miiiUrf  eaginei  (Citu. 
Bdl.  Cie.  ii.  10).  [W.  Sr    '"'■"- 

PHALANX.     [Er " 

779.] 

PHALA'BICA.    [HiSTA.] 

PHA'LEBAE.  Tbe  Utin  word  in  probably 
derived  from  iti  Greek  eqairaieDt,  fiXofm  (ret). 
Oddly  enongh,  the  ungaUr,  bath  in  Latin  sod 
Qreek.  only  occun  once  in  literature,  pi^apor, 
ID  Afliihylus,  Peraae,  GBl,  and  p/uUera,  in  a 
qootatioD  from  an  old  annaliit  giTen  by  Pliny 
iH.  X.  iKiii.  S  S).  (Some  commenUton 
regard  it  ta  oeut.  plur. ;  othen  nmead  tb* 
teiL) 

The  oaly  pasuge  ia  Homer  where  rk  ^dxapa 
■re  mentioned  ii  ia  the  deicription  of  the 
Trajin  attack  oa  the  Achaean  ahipe  (//. 
"—     ' ia  helm     ' 


a  of  Ajai 


105).    The  poet   ■ 


^iKOfa   tlmtirra, — a     u>e    of    thi 

difierent  &om  that  of  clanical  Gi 

i>  odIv  uaed  of  the  omameata  of  hon«'  hameaa. 

The  old  grammnriauii  andentood  the  meaiuag  to 

interpreted  it  aa  denoting  diiki  worn  as  oma- 
meata on  the  riior  of  the  helmet.  Bnttmano, 
howerer,  maintained  that  they  oraimeateil  the 
atntp  of  the  helmet ;  but  thia,  ai  Helbig  ahowi 
(Dai  hamerixhe  Epoi,  ed.  1887,  p.  305),  auamei 
a  form  of  helmet  not  known  to  Homer.  Com- 
mentatora  aince  Buttmann  have  been  inclined  to 
<»nnect  the  word,  ai  lynonymoua,  with  fiXai, 
meaning  the  ridgea  to  which  the  creat  waa 
tiled  ;  bat  aa  the  aama  helmet  eould  be  rarpa- 
*aAi|^t  and  yet  itiflfa\ot,  thia  moat  he  wrong. 
Helhig,  from  the  analogy  of  ancient  Italian  and 
Phoenician  helmeti,  decides  (op.  d.  p.  307) 
that  they  were  ituds  or  bosies,  not  on  the 
viior,  aa  the  grammarians  said,  bnt  on  the 
lower  part  of  the  caaquc  near  the  cheek-piecea. 
There  may  poiaibly  be  a  reminiicence  of  thia  old 
meaning  in  Aeacbyioa  (,Pert.  661),  when  he 
apeaka  of  the  ^dxapor  of  the  tiara  of  the  great 
king.  With  these  eiceptiona,  the  word  is 
nlwaya  naed  of  the  metal  disks  or  creicentt  with 
which  a  horut's  hnmesa  was  oraamented.  Theae 
ornaments,  which  were  used  not  only  in  Greece 
bnt  all  over  the  ancient  world,  are  freqaentiy 
mentioned,  and  received  diSerent  aamea  accord- 
ing to  the  part  o(  the  hameaa  tu  which  they 
were  attached.  Thaa,the  rpo^imnlSta  (^/rvn- 
talia)  were  on  the  brow  (Xeo.  Cyrop.  vi.  4,  1 ; 
vii.  I,  2),  the  rap^Hi  (Horn.  II.  It.  Ill)  and  the 
wapayrxiSitu  on  tho  cheeks,  the  Arfi7Xu  and 
rapAwia  near  the  eres,  while  the  wfvmpriSia 
(Xen.  AhiA.  i.  8,7;ilt  Se  Eq.  12,  f)  and  rpo- 
(TTqASia  were  on  the  hreait.  They  «er«  occa- 
sionally nrorn  by  other  animals,  aa,  for  instaaoe, 
br  the  asses  and  bolls  in  the  great  pompa  of 
Piolemj  JJ.  and  by  the  elepbanU  of  Antiochus 
(Uv.  iiiTii.  40 ;  and  Plin.  ff.  S.  viii.  §  12). 
They  were  made  not  only  nf  bronie,  but  of 
Hilver  (Ut.  nil.  52),  and  eren  of  gold  (Herod,  i, 
-Jl,'.,  speaking  of  the  Scythians).  They  were 
Hiiiielimei  jewelled  (Appian,  AtMrad.  115),  and 


PHALEBA£ 

were  ai  a  rule  corered  with  moat  artbtic 
designs,  ao  that  they  were  often  of  great  ralne 
(cf.  Cic.  ia  Vt-r.  it.  12,  S9).  One  of  the  most 
JiToarite  omamentationa  vas  the  well-knovD 
Gorgon's  head  (Ear.  Bhemt,  306). 


PhalBae,  from  I 


(Kaplea  Uunns.l 


The  Romans  attached  eran  more  importance 
to  philerae  than  the  Greeks,  and  JaTenal  sar. 
castically  describes  the  soldier  of  the  old  >chool 
who  cut  up  masterpieeei  of  chased  work  "at 
phaleria  gauderet  ecus-'  (Sat.  xl.  103).  Thii 
was  no  doubt,  to  a  large  citent,  owing  to  tht 
Roman  custom  of  bealowicg  them  as  dona 
militaria,  not  only  to  the  caralrr,  but  also  to 
the  infantry.  Polybius  (ri.  29)  -ay*  that  «>J*ai 
vera  glTtn  to  the  infantry  and  pi^apa  to  (he 
cavalry,  the  difference  being  probably  that  the 
former  were  without,  the  latter  with  onurnieol. 
In  any  case,  though  there  is  no  dlsttndion  in 
Latin,  it  would  be  straining  Greek  nssge  (o 
apply  the  word  to  ornaments  worn  by  a  soldier. 
However  thia  may  be,  both  kinds  of  p/alcrae 
were  wom  by  the  aoldlera  themselres  along  witli 
the  torftKf,  armUlae,  entellat,  filmtae,  anil  other 
military  decorations,  and  as  Bach  are  men- 
tioned frequently  in  Latin  literatare  (\'a%.  Am. 
li.  359  1  Floras,  iii.  10,  26;  Lir.  ii.46):  Thw, 
like  the  Greek  ^iyapa,  were  made  of  gold  sad 
silver  no  less  than  bronie  (Polyb.  ix»i.  3  ;  PUa. 
H.  S.  iixvii.  S  74).  Necklaces  worn  bj  vooto 
were  alio  occasiontlly  oilted  pMenu  (P.  Symt 
qaoted  bv  Petronisa,  55),  as  were,  too,  those 
worn  by  the  alaras  of  rich  Romans  (Soet.  Srr. 
30).  In  later  writers  it  was  used  of  any  kiad 
Dfeitemal  oruament  (cf.  Pera.  iii.  21 ;  Symmacb. 
Ep.  init.  5  222). 

In  art  not  only  ire  #iUa^  and  pKale^t 
shown  on  monnments  of  all  ages,  but  the  actssl 
imamenta  have  been  IWjuentlv  found  all  mtt 
he  uac lent  world.  The  most  iinportant  of  thne 
indi  hare  been  made  in  the  Crimea,  where,  at 
}reat  Bliinitia  alone,  no  leaa  than  four  omplelt 
lets  of  hameaa  were  found.  Tbe  piuJerai  nn- 
listed  of  20  round  disks  {InJUnai,  PoUai  and 
iuidas),  fonr  lenticular  plate*,  and  icreral 
:reicenta.  All  are  of  the  aame  make,  couiiting 
>r  a  bronze  plate,  to  the  top  of  which  a  thio 
piece  of  metal  with  a  design  in  bammered  work 


PUALEEAE 

it  Hildind.  Id  (pile  of  tbtii  being  cnuhrd,  tht 
IkuIj  at  the  dtagm,  npreMDting  Gneka  and 
Amtioiu  mud  godi  and  giuiti  in  lingle  cgmtntt, 
a  TtTj  appirint.  Ai  a  mie,  however,  inch 
j^trnvaT«  ornamented  with  baits  of  Aphrodite, 
Atli«M,  and  otbtr  deitiei.  The  Gorgon't  head 
t<  the  moct  fiTOnritc  deiign,  and  is  interesting 
u  liiciriBg  that  the  Bgaitt  wera  intendtd  to  h« 
pn/Ai/laiA!  (iwerf^Ttia).  The  creicents  which 
■n  ^aeotly  fonnd  with  the  other  foRns  bare 
dcaHkM  tht  ume  porpoie.  One  of  the  most 
rurian*  Ttrittie*  it  that  in  which  two  boar'i  or 
ribcr  enrrad  tMth  arc  joined  together 


Thii 


L   only 


mtntioned  in  litemtnre,  ai  when  Siatius  (7M. 
II.  689)  speaks  of  "  niTeo  InnaM  moniiia  itate  " 
|f>'[  othtr  TeftRDces  les  Stephani,  CompU 
i'niAt,  1865,  p.  180).  These  cnaomU  of  teeth 
ire  i1m  leea  in  aotiqne  necklaces,  hare  bean 
luand  in  Saaon  gravel,  and  Kre  itill  iu  nse  lor 
the  Bma  pnrposa  in  parts  of  Europe,  Africa,  ind 
Asia.  The  monuments  show  that  the  jAaUrat 
■tre  worn  not  onlj  at  the  joints  of  the  haroeu, 
Int  in  long  Rrinp  round  the  breast  of  the 
hsfM.  Tbe  borM  of  the  celebrated  bronze 
t^oettriaii  atatoe  from  HercolaDenm  in  the 
Naples  UnacDtn,  generally  known  ai  Aleiander 
the  Great,  is  one  of  tha  beat  instances,  •bowing 
particalaily  wall  tb*  Gorgon's  head  at  the 
hone's  braaat.  There  is  a  fine  chain  of  peudetat 
pUffw  (ptniilia)  in  the  British  Masenm,  and 
a  TSTT  aimiUi  on*  id  Vienna  (see  Arneth,  Die 
aalOm  Qold  K.  SOtr  Jfonwiwite,  S.  1,  1 ; 
^1850). 


Strl^  o(  Hialene.    (Tmn  Britkh  Ifssenm.) 


Baman  phaUrae  as  worn  bj  soldien  are  ahowD 
01  manf  gr«T<stoiw*  of  Tcteraoa,  whoare  reprt- 
wnWd  ai  aeatcd  on  rearing  chargers  with 
tnonuous  pkalerat,  or  as  waaring  the  phaitrat 
<«  their  breast,  with  the  other  dona  miUtaria. 
Tbite  were  of  conaiderable 


baag  fror 


•ork  of  li 
inldera,  w 


ither 


IS  the 


the  jAokrat.  On  manj  coins  these  leather 
fmneworki  are  repreaented  without  a  wearer. 
'Hk  beat  tiauplea  of  inch  omameata  are  Ihoae 
r<iBul  Dear  I^erafbrt,  now  in  the  Maieam  at 
Berlin.     Like  the  areek,  they  consist  of  hi 


with  a  thin 


of  ban 


lerad 


•liver,  ornamented  with  beads 
itaii,  m  high  relief;  the  space  underneath  the 
Hlver  bnng  filled  up  with  bitumen.  On  tb* 
ivk  ia  a  atont  basp,  bj  which  the;'  were 
ittach«d  to  the  hameia  or  the  leather  frame- 
■erk  jott  mentioned.  In  maof  caiea  jAahmt 
if  this  description  have  pendants  in  the  shape  of 
^vca  hanging  from    them,   and   spccimena   of 


OppaaotRCWlDa. 


necklaces  of  so  limilar  a  deacription  that  there 
aeema  to  be  do  good  retaon  to  refuse  them  the 
name,  since  we  know  that  women  occasionally 
wore  them. 

The  custom  of  giving  phalcrae  as  rewards  for 
good  service  seems  to  have  been  discontinued 
ID  (he  time  of  Caracalla,  who  began  the  custom 
of  giving  large  gold  medals  with  the  em- 
peror's butt  in  relief  instead,  esgiecially  to 
(he    aemi-barbaroua   chieftaint   on    the  Danube 

SThe  best  account  of  fdxapa,  both  literary- 
monumental,  is  given  by  Stephani  in  the 
Con^  Kmda  de  la  CommiaitM  ImpAvile  for 
1865  (St.  Petersburg,  1866} ;  the  best  of  the 
RomaD  j>Ad/n'<itf  in  Otto  Jahn's  Die  Lanertforter 
Phalerai,  Uouo,  1860,  and  Marquardt,  Nandbuch, 
vii.  p.  655  foil.,  where  references  to  the  later 
literature  will  be  found.  The  bat  illuttratioDs 
are  in  the  Allot  of  the  Compie  Stndu  and  in 
Lindenschmidt's  TnuAl  wid  BenaffntMg  da 
rfrniKAeti  Heertt  v:3hrtnd  der  Kaiterieil, 
1882-1  [W.  C.  F.  A.] 

POABETBA  (faper^  ap.  Herod.  ^<- 
vpicirX  a  quiver.  A  quiver,  fnil  of  arrows,  was 
the  utaal  accompaniment  of  the  bow.  [Arcub.] 
It  waa  consequently  part  of  the  altire  of  every 
nation  addicted  to  archerjr.  Virgil  applies  to 
it  the  ajntheta  Crasaa,  Lycia  {Georg.  iii.  345  ; 
Atn.  Tii.  816);  Ovid  meDtioni  the  pharelratvit 
Geta  (Epitt.  de  Ponto,  i.  8,  6);  Htrodutut 
represents  it  as  part  of  the  ordinary  armour 
of  tbe  Peraiana  (vii.  61).  The  quiver,  Uke  the 
bow-case  (corydii),  was  principally  made  of 
hide  or  leather  (Herod,  ii.  141),  bat  also  ol 
wood  or  metal.  It  wni  adorned  with  gold 
(Anacr.  liv.  fi ;   Verg.  Ae«.  W.  138,  li.  858), 

tainting  (Ovid,  Epiit.  Her.  iii.  \li\  and 
raiding  (reAdf.pnTToi',  Theocr.  iit,  285).  It 
had  alid(»^Hom.;i.iT.116;  M.  ix.  314). 
Among  the  Scythiana  tbe  quiver  and  bow-case 
formed  one  object  (cf.  .Jitfi}.  du  Boip.  Cimm.  i. 
pl.33> 


382       PHARMAGON  ORAFHB 


The  form  of  the  Greek  quiver  ii  ihomi  in  the 
cut  below.  It  w*5  anapeDdtd  fnim  the  rigbt 
ihoulder  bj  a  belt  [Balteds],  ptuing  over  the 
breut  ud  behind  uie  back.  Iti  molt  codhdod 
potition  <raa  on  the  left  faip,  in  the  mail  place 


HuMm  i  liglit-lwiid  flfon  rma  *  Ortek  ti 

of   the    modem    sword,   and    cDoHquentl]', 
Pindar   lap,   "under   the   elbow  "  (£W.  ii.  151, 

1.  92)  or  "under  the  hthi"  (tmhirnr,  Theocr. 
ivii.  30).  It  wea  worn  thu»  by  the  Scythiana 
(Schol.  in  Find.  :.  c.)  and  bj  the  EByptioni.  and 
u  v  repreiented  in  the  preceding  £gare  of  the 
Amazon  Dinomachc,  copied  from  a  Greek  vane 
(Hope,  Cottume  of  the  Andmti,  i.  22).  The 
left-hand  Ggure  in  the  aame  woodcut  ia  fram 
one  of  the  Aegina  marblea.  It  ii  the  atatue  of 
■D  AiUtic  archer,  probably  Paris,  wfaote  quirer 
(fractured  in  the  original)  ii  anapended  equally 
low,  but  with  the  opening  towards  hit  right 
elbow,  »  that  it  would  be  neceuarj  for  him  in 
taking  the  arrowa  to  pass  hit  hind  behind  hii 
body  instead  of  before  it.  To  thii  faihioo  wai 
oppsaed  the  Cretan  method  of  carrying  the 
quiver,  which  is  eiemplified  in  the  woodcut, 
VoL  1.  p.  416,  and  ia  uuirormlj  aeen  in  the 
iDdentatatueiorAHemia  [J- V^.]  [A.  H,  S.} 
PHARMACON  OBAPHE  (^ap^uiin,.. 
rp*^    Dem.   c.    Arutver.  p.  62T,  §  23,  etc,; 


PHARMACOPOLA 

^offUweCw  Nanrynpla,  only  in  argim.  Antiph. 
c.  Xaverc.X  an  indiclment  against  one  Kho 
cauaed  the  death  of  another  by  poison,  girti 
either  by  himtelf  or  by  another  person  at  hii 
initigitioQ  (Oem.  c.  AritUxr.  p.  fiSH,  %  'H= 
p.  627,  %  22  lex,  and  Andoc.  Jfyit.  $  9t,  rtr 
BBliA*llffa>T«  ir  r^  atry  itixtvBai  aol  rif  tj 
X'v'  ipyturi/itn/w  \  it  waa  under  thii  latter  law 
that  the  charge  of  poisoning  waa  bronghl 
against  the  stepmother  (Antiph.  (>.  i. :  c£  $  20, 
q  Ki  orrfa  ifSq,  ml  ir8vtaj6itffa  aal  x'^"^ 
y^ffuro,  i^.  if  ir^fiif<aTa  t^  ipApnatrfrr  aal  aiAtif- 
nura  Jmlry  taOnu  wuv,  §  36).  It  wis  tried 
by  the  court  of  Areiopagus  (Dem.  '.  c,  lad 
Pollui,  Tiii.  117).  That  the  mtlicions  intent 
(vfi^ivu)  was  a  necessary  ingredient  in  the 
crime  foUowa  from  Arist.  Magn.  Mar.  L  17, 
p.  llBSb,  31,  whence  we  learn  that  the  Areio- 
pagus once  acquitted  a  woman  who  had  giieii  s 
love  potion  with  fatal  results  to  a  man,  (fi  t^t 
Si^ir  TOW  ^iXTpm  mi  nrrii  IiuwCoi  roi  knKietti 
Btrir  ^Sfiou  (the  woman  in  Antiph.  c.  Hot.  %  iO 
was  put  to  death  for  the  aame  oScnce,  but  ibt 
was  a  slare).  Hence  the  caae  in  Antiph.  np. 
Choreat.  ia  not  an  instance  of  the  iudictmcit 
under  discussion,  for  the  boy  Diodotus  wu 
poisoned  by  n  draught  given  him  to  improre  hit 
Toica  (tifHatlsi  X't"  '■"  ^ifffx'  i"i  "^ 
TiBirnK*v,  aryvm).  The  punishment  was  deith 
(Aelian,  V.  H.  t,  18;  ?lnt.  dc  Set.  iVonn. 
Brndic,  7,  p.  552  D).  Poiaonom  drags  were  fte- 
uuantly  administered  as  love  potions  or  for  othti 
"  ■  "ar  nature  (Alciphr.  Ep.  i  37). 
were  sBected  by  them  wtrt 


purposes 

Uen  whoi 


Will 


the   influence  of  drugs    (fcri    ^.^, 

void  at  Athens  (Dem.  c.  Steph.  p.  1133,$  IS). 
Women  who  practised  sorcery  were  called  ^ar 
luuciSts  or  ipapiiaiitiiTpUa  (Lucian,  Dial.  Mtr.  4 ; 
Theocr.  ii.).  Demoathenes,  as  we  lean  from 
PkiLochorna  (Harpocr.  s.  v.  Seapff),  hroDght  s 
7pa4i4  Ao'eAtliu  against  the  Lemnian  Theoris: 
she  was  put  to  death  (Plat.  Dem.  U;  [Deni.] 
c.  Ariitog.  i.  p.  793,  §  79),  and  Ninns  saBered  s 
like  fate  (Dem.  F.  L.  p.  431,  f  281)  on  a  charge 
brought  by  Uenecles,  Ai  pixrpa  ttiainit  tsii 
rioit  (Schol.  to  Dem.  /.  c;  cf.  c.  Botnt.  i. 
p.  995,  §  2;  ii.  p.  1010,  J  9) ;  see  also  Plat. 
Legg.  li.  p.  933  D.  {Att.  Prioea,  ed.  Lifsini, 
p.  3«2  f.)  [C.  R.  K,l    [H-  H.] 

PHABUAC0P0'LA(4Nwu«iw*>'?<).q<>^    < 
doctors  and  dru^-aellers  who  not  only  kept  shops    i 
or  booths  for  their  goods,  but  aJao  hawked  them     I 
about.     Lucian  (pro  Jfere.  Cond.  T)  describes  one     I 
as  banking  (Amaqp^rrwr)  his  congb-miitore  in     i 
the  streets,  and  promising  an  immadiale  cure  to 
til  anfferers  (cf.  Aristoph.   Thetra.  aOt).    Plu- 
tarch   (de  Prof,  in    Virt.  B)   distingniihes  iht 
Icerptiar,  oi  trained  physician,  from  the  men 
charlatan,    r^  ^d^i^iaaa  1)  ri  iiiyitan  n>^v>. 
From  Anttoph.  Nub.  76G,  and  Lncian.  Amat.  39. 
we  gather  that  they  sold  other  ware*  slio.    in 
Eome  there  were  many  quacks  of  thia  sort,  "-bo, 
besides    the   sate   of    drags,  professed   te  cure 
patienta   also,  whanoe  Pliny  complains  of  the 
want  cf  a  law  to  punish  ignorance  in  dodon 
{H.  N.  iiix.  g  18 :  Medico).     Regular  medi- 
cines under  the  Empire  were  sold  with  a  Isbd 
(iwoyyeAlo)  affiled,  wtiioh  ipecilied  the  name  of 
the  drug,  of  its  inventor,  the  illnesses  which  it 
cured,  the  component  parts,  and  the  nKlhod  of 
taking   it.      These   were    no    donbt.  genenllr 


PHABOS 

iritttD  in  ■  p«H>h>bU  fbriD,  but  wme  for  tjt 

mfJiciun,  cDgnTed  on  itoii*,  bm  been  pre 
xiTtd  (Hamuucn,  Epig.  ii.  460).  The  drugs 
for  compHinfljag  the  medicinet  wer*  often 
broDghl  from  ditUul  plicn  (tea  Mirquardt 
Pnt^kbut,  p.  TBI)  (nd  obUined  from  drug 
irUat  (whom  Cralen,  lii.  5S7,  calli  ^upoaaAw 
a  wtU  MM  ^vpfAuanrmkai^  liacti  a  greit  part 
«re  cacuMtio).  The  phyiiciuu,  hanem 
oiinnHtiilj  bought  uot  mereJj  the  miteruili  hat 
lU  diug*  rudf  eoiD pounded,  iml  Ch«  pbarmi 
ropoU  traded  on  hit  ova  ucouot,  leUing  to  the 
pnblic  but  own  compoandi,  oftea  no  doubt  coi 
Writit,  iaducing  the  credalogi  to  put  themw  1 
^Ddtr  hie  trutment  (Uor.  Sat.i.2  1  Gel) 
15,  9),  uid  aiTjiag  bit  drugi  about  to  country 
("vu  M  the  pAarmacopala  cirvumforaaau  of 
Licjini  Chwnl.  14|  40,  who  ii  not  tcrapuloui- 
iboQt  Mlliag  poiione  u  well.  (ficcker-Gell 
CiarMi*,  iii.  59;  Uuqa4rdt,  PrinalMin,  780 
iil5nD<r,  Tadmologie,  L  354;  Fnedliodtr, 
■i  C.  i.  317.)  [0  E.  M  ] 

PHABOS  or  PHABUB  (^>),  >  light- 
bouc.  Tba  mwt  cclebr*ted  ligbtlianH 
utiqaitf  wu  that  lituated  >t  the  eatnnce 
ihe  port  of  Aleundruu  It  wu  built  by  So*- 
Uitu  of  Cnidoi  ou  an  iiland,  which  bor«  the 
HUM  name,  by  command  of  one  of  the  Ptolemlei, 
ud  at  u  eipeuK  uf  600  UlenU  (Pltn.  H.  S. 
iiitL  S  83;  Sleph.  Bfi.  i.  t>.  *ipaii  Achill. 
Tat.  T.  6).  it  wai  aqnare,  coiuttucted  of  white 
luot,  aiid  with  admirable  art;  exceedingly 
lottf,  and  in  all  napecta  of  great  dimeniioai 
(Ucni,  BtU.  Civ.  iii.  112).  It  contained  manj 
'loiin  (nAvJpsfiii',  Strabo,  irii.  p.  701),  which 
diizuQiahed  in  width  trom  below  upvardt  (He 
coiiu,  ir.  3).  The  npper  itoriei  had  wjndowi 
Imkinf  acawanU.  and  toichea  or  Grei 
burning  iu  them  by  night  is  order  to  guide 
TMieli  into  the  harboar  (Val.  Fiacc.  -■  "■ 
w  Bartoli,  Luc  Ant.  iU.  13). 


many  otber  placet.  Tbey  arc  repn- 
Hled  on  the  medali  of  Apamea  and  other 
muitinu  citie*.  The  name  of  Phan*  via  given 
t»  them  in  alluaion  to  that  of  Alexandria,  which 
vai  the  model  for  their  eonetruction  (Herodiau, 
'.  ■: ;  IJiHton.  Claud.  ICO).  The  Pharoi  of  Brun- 
duiuBk,  for  example,  wa*,  like  that  of  Alexan- 
liiia,  an  ialaad  with  a  Ughthonae  upon  it  (Uela, 
ii.7,{13i  Steph.  Bjx. /.  c).  Suetonius  (Tilwr. 
7i)  meatioiu  another  pharos  at  Capreae.  Tra- 
ju'j  brwkwater  at  Cenlnm  Cellae  (Civita 
Vicchia)  had  a  lighthouse  at  each  end  (Plin. 
Ep.  Ti.  31),  to  which  Merirale  (/fitl.  rii.  253) 
"tmt  to  refer  the  "Phaioa  Tyrrhena"  in  Jut. 
ai.75.  This  is,  howerer,  probably  the  lighthouse 
^1  the  Paritu  Bamanui  or  Portia  Atigutti  fonned 
^j  Oandins  two  miles  N.  of  Oetia  and  improTcd 
tj  Tnjan  (Snet.  Claad.  20  ;  Dio  Casi,  Ii.  11 ; 
H'ror'i  not*  ad  Jot.  J.  c.). 

The  annued  woodcKt  sbowi  two  phari  re- 
Winini  in  Britain.  The  £nt  it  within  the 
pndncla  of  Dorer  Castle.  It  is  about  40  feet 
tugh,  getagonal  eitemallj,  tapering  from  below 
o|nranla,  and  boitt  with  narrow  coartet  of  brick 
ud  mnch  wider  connes  of  itone  in  alternate 
portioai.  The  space  within  the  tower  ii  square, 
Die  lidss  of  the  octagon  without  and  of  the 
""re  witbin  being  equal,  rii.,  each  15  Roman 
'^-  •  it  the  bottom  (Stnkeley, 


2tm  Cunoi  p  IB9)  A  i  milar  pharos  fonnerly 
existed  at  Boulogne,  and  is  tuppoied  to  hare 
been  built  by  Caligula  (Sueton.  Cattg  46  Uont 
'— -.n,  Su^em  vol  if  L.  ti  3  4>  The 
introduced  la  on  the  si 


■nUghtb 


of  a  hill   on  the  coast  of  Flinttbire  (Pennant, 
Par.  of  WiiUi/ord  and  EolgtceU,  p.  112). 

Bnumeiiter  {Donlaaaler,  tig.  168X)  shows 
a  relief  from  the  Torlonia  Museum  of  the 
lighthouie  at  the  Roman  Port,  a  round  tower 
It  the  edge   of  the  quaf   with    beacon    " 


:    from 


without 


fcet.    Tie  door  i 


(jfiris)  was  often  used  in  a  general 
lease  to  denote  anT  kind  of  information  (Pollui, 

riatii  TBI-  XarSarinitr  4Jofi|/iiTn»),  bnt  tech- 
nically it  waa  one  of  the  Fsrioua  inetboda  by 
which  public  offenders  at  Athens  might  be 
prosecuted  (Andoc.  dt  UyH.  §  BS,  1)  ^jm^iiI  f) 
^,is1iirttiitaflii*rrtrrtii:  cf.[Uem.]c.  iristog. 
I  p.  793,S7S,etc).  The  charge,  as  in  the  7pa^, 
was  made  in  writing  (alto  called  ^iait),  with 
the  names  of  the  prosecutor  and  defendant,  the 
proposed  penalty  (rlfiinui),  and  the  names  of 
the  iAit^j..!  affixed  (PoUux,  (.  e. ;  [Dem.]  c. 
nitocr.  p.  1323,  §  5  ff.).  The  peculiarity  by 
which  the  ^ii«ii  was  diatingaithol  from  other 
tnetbuds  of  prosecution  teems  to  have  been  tbiit, 
if  the  prosecution  was  one  of  a  purely  public 
nature,  i.e.  where  the  offence  immediately  alTected 
the  ttate,  the  proaccutor  received  half  the 
penalty  (tA  ilMlo^  tw'  ^vtirrair,  [Dem.]  c. 
Theocr.  p.  1325,  $  13  ;— C.  /.  A.  ii.  No.  203  b ; 
cf.  No.  IT,  I.  41  ff. ;  No.  546,  U.  18,  26 ;— PUt. 
Legg.  v.  p.  745  A>  According  to  Pollux  (/.  t.\  it 
might  be  brought  against  QTecIastcs  of  offenders: 
Til.  lit,  against  those  who  oommitted  offences 
against  the  mining  laws, — t^.  thote  who  en- 
croached In  their  mining  opentiona  on  the 
district  reserved  by  the  stuU  at  iU  own  (Jrrhs 
Ti*  nirpmr,  Hyper,  pro  Eux.  c.  44  f.  ;  Att. 
Pfoaa,  ed.  Lipsius,  p.  1020  f.),  those  working 
unregistered  mine*  (dnnr^pa^^^aAAa,  Hyper. 
I.  c  c.  43  ;  HeS^er,  AVtem.  QeriektwBtrf.  p.  IBS); 
cf.  Photiui,  1. 1. ;  Ltx.  Shet.  CantiAr.  p.  6T6,  23, 
emended  by  Ueier,  etc. ; — Sod,  against  those 
who  committed  oSencei  against  the  laws  and 
iitoms, — e.9.  those  who  conveyed  com  anywhere 
it  tn  Alheni.or  lent  money  for  any  other  mart 
it  Athens  ([Dem.]  c.  Lacr.  p.  S40,  S  50  f. ; 
am.  c.  Pkorm.  p.  818,  37  ;  Lye  c.  Leacr.  %  27  ; 
Dem.  c.  lAonytod.  p.  rJ84,  §  6,  ct  Platner,  Pmc 


384 


PHEIDITIA 


PHONOS 


tt.  Klag.  ii.  p.  358  ff.),  or  who  contravened  the 
regulations  of  import  and  export  (C  /.  A.  i.  Ko. 
31,  i.  A ;  ii.  No.  546)  by  importing  goods  from 
hostile  countries  (Aristoph.  Acham.  819  f.,  908  f. ; 
Isocr.  Trap.  §  42),  or  exporting  arms  and  ship- 
building material  to  the  enemy  (Dem.  F,  X. 
p.  433, 1 286 ;  Aristoph.  Eq.  278,  Ran,  362)  or  by 
defrauding  the  customs  (Aristoph.  Kq.  300) ; — 
3rd,  against  those  who  appropriated  state  pro- 
perty sine  justo  titulo  (Isocr.  c.  CcUiim.  §  6 ;  Zex, 
RheU  Cantabr,  p.  676,  23.  Harpocrution's  defi- 
nition is  too  narrow,  5ray  ris  iato^v^  r&v 
hifUHrUty  ^xovra  fi^  Tpidfitvoy:  see  also  Bekk. 
Anecd.  315,  16,  msrii  rw  iHuco^rrtay  x^P^'' 
fl  olKlay  ff  Ti  r£r  8iy/io<rW) ;— 4th,  against 
ffvKO^dmai — i.e.  those  who  brought  false  ac- 
cusations against  others,  not  in  general,  but  for 
the  offences  enumerated  above  (Schumann,  de 
Com.  p.  178,  n.  19): — 5th,  against  guardians 
who  wronged  their  wards  (Dem.  c.  Kaus.  et  Xen, 
p.  991,  §  23;  Harpocr.  8.  v.).  Pollux  (I,  c.) 
goes  on  to  say,  i^aXvovro  5i  ftf^s  rhp  ioxoyra : 
here  as  in  the  following  paragraphs  apx^^  u 
used  in  a  more  general  sense,  denoting  any 
magistrate  to  whom  a  jurisdiction  belonged. 
Before  the  archon  only  a  ^Acu  against  guardians 
might  be  preferred ;  but  the  aitf^ueoi  were  the 
presiding  magistrates  in  all  cases  of  appro- 
priation of  public  property  sine  justo  titulo 
[Syndikoi,  2\  and  the  ^vt/icAirral  rov  4fAfrop(ov 
in  all  cases  of  offences  against  the  import  and 
export  laws,  whilst  offences  relating  to  the 
mines  and  cnstoms  and  cases  of  false  accusations 
came  before  the  thesmotheCae.  All  ^datis  were 
rifiiiTol  iy&p€s»  In  prosecutions  against  fraudu- 
lent guardians  the  rifiJi/M  went  to  the  wards 
(Pollux,  /.  c.  rb  rinii$^y  iyiyytro  r&v  ASocov/i^- 
¥9ov  €1  teal  Tif  KXAos  6rip  ninw  ^ytttr :  Schd- 
mann,  Antiq.  Jur.  Publ,  p.  271,  n.  4,  the  prose- 
cutor probably  receiving  a  share  of  it) ;  in  other 
cases  it  was  shared  by  the  state  and  the  prose- 
cutor ;  sometimes  a  severer  punishment  than  a 
fine  was  inflicted  (Dem.  c  Phorm.  p.  918,  §  37, 
T^  i^Xaa-a  iirerCfita :  cf.  Lyu.  c.  Leocr,  §  27),  and 
the  cargoes  and  ships  of  those  contravening  the 
export  and  import  laws  were  confiscated  (Boeckh, 
Seeurk,  p.  230 ;  cf.  Dem.  c.  Mid,  p.  558,  §  133). 
The  prosecutor  was  probably  liable  to  the  pay- 
ment of  irptntufttOf  inasmuch  as  he  might  reap 
advantage  from  the  result ;  if  he  failed  to  obtain 
a  fifth  part  of  the  votes,  he  was  subject  to  the 
fine  of  a  thousand  drachmas  and  partial  dis- 
franchisement (Dem.  c.  Theocr.  p.  1326,  §  6; 
Lex.  Shet,  Cantabr.  p.  677,  10).  Pollux  (/.  c), 
it  is  true,  says  that  in  that  case  he  was  liable  to 
the  iwtffitKioy  but  he  very  probably  confounds 
the  two  fines.  We  have  no  speech  left  us  by 
the  Orators  on  the  subject  of  a  ^dais,  but  only 
mention  of  a  lost  speech  of  Lysias,  vpbs  rV  <p^i¥ 
rov  ip^oi^iKov  otieov  (Harpocr.  s.  v.  =  fragm.  203). 

The  proceedings  taken  against  those  who  cut 
down  more  olive-trees  than  the  law  permitted 
resembled  much  those  of  the  ^da-is :  the  offender 
had  to  pay  for  each  tree  a  fine  of  a  hundred 
drachmas  to  the  state,  and  a  like  sum  r^  Ift^rri 
T^  iT€^i6rrt,  and  the  prosecutor  had  to  pay 
ypvraycia  rod  abrov  fidpovs  ([Dem.]  c.  Macart. 
p.  1074,  §  71,  kx).  {Att.  Process,  ed.  Upsius, 
pp.  294-302,  812).  [0.  R.  K.]    [H.  H.] 

PHETDI'TIA.    [STHsrriA.] 

PHE'NACE  (*t>*ydic7i).  [Coma,  Vol.  I.  p. 
498  6.] 


PHERNE  (^cpWi).    [D06.] 

PHl'ALA.    [Patera.] 

PHONOS  i4^6ros)y  homicide.  The  feelings 
and  customs  of  the  Greeks  with  regard  to  homi- 
cide in  general  underwent  a  great  change  during 
the  early  historical  period.  From  the  Herou 
age  downwards,  two  primitive  notions  msy  be 
traced  at  work,  yielding  in  different  degrees  to 
more  modem  and  civilised  ideas :  the  right  asd 
duty  of  private  revenge,  passing  subseqaentlr 
into  public  prosecution  and  punishment ;  and  the 
feeling  that  all  homicide,  however  justifiable  or 
accidental,  required  a  ceremonial  purification 
(cf.  Antiph.  de  Coed.  Herod.  §  11 ;  DiCAffTE&io.s). 
Both  these  institutions  are  common  to  primitire 
societies  in  general ;  they  are  represented  hj 
the  ''avenger  of  blood"  and  the  ** cities  of 
refuge  "  in  the  Mosaic  law ;  and  the  former,  at 
least,  is  not  yet  extinct  where  society  fail*  in 
the  dnty  of  repressing  violence.  There  are  stil!. 
in  America,  **  parts  of  the  Sonthem  States  in 
which  homicide  goes  unpunished,  except  bj  the 
relatives  of  the  slain "  (Bryce,  Amer,  Com- 
momceo/M,  iii.  150).  The  parallel  between  esrlr 
Greece  and  early  Germany,  whether  as  described 
by  Tacitus  or  in  the  post-Roman  Teutonic  codes, 
is  instructively  worked  out  by  Grote  (pt.  i. 
ch.  20  =  i.  483  ff.). 

At  Athens  the  right  of  prirate  vengeance  wa» 
discountenanced  and  driven  into  the  backgroond 
as  early  as  the  Draconian  legislation.  It  sur- 
vived only  in  a  few  special  cases :  the  adulterer 
caught  in  the  act  might  be  put  to  death  by  thf 
injured  husband ;  and  personal  chastity  might 
be  defended,  even  by  bloodshed,  against  the 
worst  form  of  (f$pit.  The  kinsmen  of  the 
deceased  were  no  longer  allowed  to  take  the  Ist 
into  their  own  han<U,  but  they  were  the  legiti- 
mate and  authorised  prosecutors. 

By  the  Attic  law  of  historic  times,  homicide 
was  either  4«o^<rior  or  iuco6<rtos,  a  distinctioo 
which  corresponds  in  some  measure,  but  not 
exactlv,  with  our  murder  and  mansltnighter ;  for 
the  ^9os  iico^tos  might  fall  within  the  descrip* 
tion  of  justifiable  homicide,  while  ^vos  oicov- 
<rio5  might  be  excusable  homicide  {Att.  FrootsSf 
pp.  377-8,  Lips.).  According  to  the  different 
circumstances  under  which  the  homicide  was 
committed,  the  tribunal  to  which  the  case  was 
referred,  and  the  modes  of  proceeding  at  AtheBft, 
varied.  All  ^vurol  Slmat  belonged  to  the  joria- 
diction  of  the  ipx^''  fiaatXgbs  as  iry^ftinf  ^uca- 
crriplov.  He  was  anciently  the  sole  iudge  in  case> 
of  unintentional  homicide  ;  for  such  an  act  vas 
considered  in  a  religious  point  of  view,  as  beio^ 
a  pollution  of  the  city ;  and  it  became  his  dutr, 
as  guardian  of  religion,  to  take  care  that  the  poHn- 
tion  (Sryos)  was  duly  expiated.  On  the  4^^* 
by  whom  the  ISlpx»9  fia4rt\€hs  was  assisted,  see  | 
Ephetae  in  Vol.  I.  In  discussing  this  subject  | 
we  have  to  consider  the  various  courts  esU- 
blished  at  Athens  for  the  trial  of  homicide,  the 
different  species  of  crime  therein  respectirely 
prosecuted,  the  manner  of  proceeding  against 
the  criminal,  and  the  nature  of  the  panishment 
to  which  he  was  liable. 

Solon,  who  seems  to  have  remodelled  the 
court  of  Areiopagns,  enacted  that  this  coort 
should  try  cases  of  murder  and  malicious 
wounding,  besides  arson  and  poisoning  (Dem- 
c.  Aristocr.  p.  627,  §  22).  One  would  be  deemed 
a  murderer  who  instigated  another  to  commit 


PHONOS 


PHONOS 


385 


thedeedy  protided  the  purpose  were  accomplished 
(Dem.  c  Cbnon.  p.  1264,  §  25 ;  Matthiae,  de  Jud. 
Aih.  p>  148).    Besides  the  court  of  Areiopagus, 
(h«re  were  four  other  courts,  of  which  the  i^trcu 
vere  JTidges :  rh  HI  Ua\XaH<iff  rh  M  A€\^wi<iff 
rh  hi  Ufnnani^  and  rh  iv  ^ptarrol  (Harpocr. 
«t  Said.  s.  V.  'E^/ru).     To  the  court  iwl  IlaX- 
AoSiy  belonged  cases    of   accidental   homicide, 
Dttittlsaghter,  and  attempts  to  commit  murder 
{Bovktvmay     Such  a  case  as  that  mentioned 
br  Demosthenes  (c.  Ifieaer.  p.  1348,  §  9),  of  an 
uQlswfol  blow  followed  by  death,  would  be  man- 
«laaglitcr.    It  seems  also  that  this  court  had  a 
<»Qcurrent  jurisdiction  with  the  Areiopagus  in 
cfairges  of   murderous  conspiracy,  which   was 
carried  into  effect.     The  law  perhaps  allowed 
tbe  prosecutor  to  waiTe  the  heavier  charge,  and 
proceed  against  the  offender  for  the  conspiracy 
'<aiT.    (Harpocr.  s.  v.  BovAc^rcws :  Antiph.   Te- 
t'it.  iii.  ^  §  5  ;  Matt.  p.  150.)    As  to  the  sup- 
pi^^  origin  of  this  court,  see  Harpocr.  5.  v.  'Eirl 
noAAaBfy:  Polloz,  riii.  118.    To  the  court  ^irl 
A(X^9iy  were  referred  cases  where  the  party 
c<?Dfessed  the   deed,   but  justified  it;    i»  ris 
iftakoyy  fi^p  KTMot,  iww6futs  84  ^p  ZtZpOKivOL, 
Demostkenes  calls  it    ayiArarop  jcal   ^pucmZi- 
vrterw  {e.  Aristccr,  p.  644,  §  74 ;  Harpocr.  s.  v, 
'£n  AfA^urfy :  Pollux,  viii.  1 19).     In  the  court 
hi  Upvratt^i^  the  objects  of  prosecution  were 
inanimate  things,  as  wood,  stone,  or  iron,  which 
had  esQsed  the  death  of  a  man  by  falling  on 
kirn  (Apstcboh   DiKi ;  add  to  references  Att 
^^xwen,  p.  131,  Lips. ;  Suidas,  5.  v.  N(ic«y :  Aes- 
ciiin.  c  Ctes.  §  244).     Matthiae  (p.  154)  thinks 
t&ere  wu  an  ulterior  object  in  the  investiga- 
tioQ,  Tiz.  that,  by  the  production  of  the  instru- 
ment by  which  death  was  inflicted,  a  clue  might 
V  feond  to  the  discovery  of  the  real  murderer, 
i<^  mj.    The  ooort  4p  ^ptorroT  was  reserved  for 
>  pscoliar  case ;  where  a  man,  after  going  into 
«xile  for  an  unintentional  homicide,  and  before 
:>«  bad  appeased  the  relations  of  the  deceased, 
fis  charged   with  having   committed  roui'der. 
He  was  brought  in  a  ship   to  a  place  in  the 
tarbour    called   ^pcorrdi,    and    there    pleaded 
^a  cause  on  boftrd   ship,  while  the  judges  re- 
^isined  on  land.     If  he  was  convicted,  he  suf- 
^•^red  the  punishment  of  murder;  if  acquitted, 
b^  mffered  the  remainder  of  his  former  punish- 
Kent     The  object  of  this  contrivance  was  to 
fvoid  pollution  (for  the  crime  of  the  first  act 
caJ  not  yet  been  ezpiatedX  and  at  the  same  time 
^  bring  the   second  offence  to  trial.      (Dem. 
••  Arittocr.  p.  646,  {§  77-79 ;  Harpocr.  «.  v,  'Z¥ 
^pwrrtit:  Pollux,  viii.  120  ;  Matth.  p.  155.) 

To  one  or  other  of  these  courts  all  ^oyucai 
^«  were  sent  for  trial ;  and  it  was  the  busi- 
>•>!  of  the  tpx"**  fioffiX^s  to  decide  which. 
'be  task  of  prosecution  devolved  upon  the  near- 
^t  relatives  of  the  deceased ;  and  in  case  of  a 
^^v^e,  upon  the  master.  To  neglect  to  prose- 
^te,  without  good  cause,  was  deemed  an  offence 
'•^fist  religion ;  that  is,  in  any  relation  not  fur- 
tb^r  remov^  than  a  second  cousin  (oyc^iaSoGs). 
^ithin  that  degree  the  law  enjoined  the  rela- 
^•fiM  to  prosecute,  under  penalty  of  an  iurtfitiat 
7»ti  if  they  fsiled  to  do  so.  (Dem.  c.  AndroU 
t  5S3,§  2;  c.  MacaH,  p.  1069,  §  57  ;  c.  Everg,  et 
J^vi.  pp.  1160, 1161,  §f  68-73 ;  Antiph.  deoaede 
''^^§48,)  They  might,  however  (without 
>fewring  censure),  forbear  to  prosecute,  where 
^  murdered  man  had  forgiven  the  murderer 
voun. 


before  he  died  (Dem.  c.  Pantaen,  p.  983,  §  59) ; 
or,  in  cases  of  involuntary  homicide,  where  the 
offender  gave  the  satisfaction  which  the  law 
required  ;  unless  the  deceased  had  given  a  special 
injunction  to  avenge  him.  (Lysias,  c.  Agor, 
§§  41,  78;  Matth.  p.  170.)  The  meaning  of  the 
phrase  irrhs  iaft^uJi&¥  in  these  cases  has  been 
disputed,  some  thinking  that  the  limit  was 
drawn  at  a  first  cousin's  son,  or  what  is  usually 
called  a  first  cousin  once  removed.  It  is  simpler 
and  better  to  take  it  as  including  second  cousins, 
t>.  all  the  descendants  of  a  common  gr^at-grand- 
father.  The  distinction  is  not  noticed  in  L.  and 
S.  8.  V.  (Cf.  Thalheira,  Rechtaalterth,  p.  59  ;  Att. 
Process,  p.  199,  n.  10,  Lips.) 

The  first  step  taken  by  the  prosecutor  was 
to  give  notice  to  the  accused  to  keep  away  from 
all  public  places  and  sacrifices.  This  was  called 
Tp6ppriffis,  and  was  given  at  the  funeral  of  the 
deceased  (Antiph.  de  coed.  Her.  §§  10,  88;  de 
Chor.  §§  4,  34 ;— Dem.  c.  Lept.  p.  505,  §  158 ; 
c.  Aristocr.  p.  632,  §  38;  c.  Everg.  et  Mnes, 
p.  1160,  §  69).  After  this,  he  gave  a  public 
notice  in  the  market-place,  warning  the  accused 
to  appear  and  answer  to  the  charge :  here  he 
was  said  wpociwcii'  or  Tpoayop€^iy  A6yov  (Dem. 
c.  Macart.  p.  1068,  §  69;  [Dem. J  c.  Neaer. 
p.  1348,  §  9).  The  next  thing  was  to  prefer  the 
charge  before  the  king-archon.  To  such  charge 
the  term  4irtffic4iirr§<r$eu  or  4w€^i4yai  was  pecu- 
liarly applied  (Pollux,  viii.  33,  118;  Harpocr. 
8.  V.  *Eir*<nHi^cFro :  Antiph.  de  Venef.  §  1).  The 
charge  was  delivered  in  writing ;  the  prosecutor 
was  said  iareypd^€<r$cu  Bimiy  ^6vov  (Antiph.  de 
Chor.  §  36).  The  king-archon  having  received 
it,  after  first  warning  the  defendant  iatix^trBai 
T&9  fivarriplety  icol  r&y  &\X«y  vofil/itty  (Pollux, 
viii.  66,  90),  proceeded  in  due  form  to  the  iyd- 
Kpttris.  The  main  thing  to  be  inquired  into  was 
the  nature  of  the  offence,  and  the  court  to  which 
the  cognisance  appertained.  The  evidence  and 
other  matters  were  to  be  prepared  in  the  usual 
way.  Three  months  were  allowed  for  this  pre- 
liminary inquiry,  and  there  were  three  special 
hearings,  one  in  each  month,  called  iiaJSucatrtat, 
or  (as  now  read  after  Pollux,  viii.  24)  yrpoh' 
Koffiai  (Antiph.  de  Chor,  §  42) ;  after  which,  in 
the  fourth  month,  the  king-archon  ciir^c  r^y 
Zimiy  (Matth.  p.  160).  The  defendant  was 
allowed  to  put  in  a  ftaporfpcup4\f  if  he  contended 
that  the  charge  ought  to  be  tried  in  one  of  the 
minor  courts  (Pollux,,  viii.  57). 

All  the  ^vuih  ZiKCurr^pM  were  held  in  the 
open  air,  in  order  that  the  judges  might  not  be 
under  the  same  roof  with  one  suspected  of  im- 
piety; nor  the  prosecutor  with  his  adversary 
{KtXi^Yi.  de  coed.  Her.  %  11).  The  king-archon 
presided,  with  his  garland  taken  off  (Pollux, 
viii.  90 ;  cf.  Lycurg.  c.  Leocr.  §  122 ;  BoULi, 
Vol.  I.  p.  310  a).  The  parties  were  bound  by 
the  most  solemn  oaths :  the  one  swearing  that 
the  charge  was  true,  that  he  bore  such  a  rela- 
tionship to  the  deceased,  and  that  he  would  in 
conducting  his  case  confine  himself  to  the  ques- 
tion at  issue ;  the  other  declaring  the  charge  to 
be  false  (Antiph.  de  coed.  Herod.  §§  11,  90 ;  dff 
Chor,  §§  14,  16; — Dem.  c,  Everg.  et  Mnes. 
p.  1161,  §  73 ;  Matth.  p.  163).  The  witnesses 
on  both  sides  were  sworn  in  like  manner  (Antiph. 
de  coed.  Herod.  §§  12, 15 ;  Att.  Process,  pp.  884- 
7,  Lips.) ;  and  slaves  were  allowed  to  appear  as 
witnesses  (^Att.  Process,  p.  875,  Lips.).     Either 

2c 


386 


PHONOS 


party  was  at  liberty  to  make  two  speeches,  the 
prosecutor  beginxiing,  as  may  be  seen  from  the 
rrrpaXoyia  of  Antiphon ;  bat  both  were  obliged 
to  confine  themselves  to  the  point  at  issue  (Lys. 
c.  Simoru  ^  46 ;  Antiph.  de  Cfior,  §  16).  Advo- 
cates  (jrifyiyopoi)  were  not  admitted  to  speak  for 
the  parties  anciently,  but  in  later  times  they 
were  (Matth.  p.  164)1  Two  days  were  occupied 
in  the  trial.  After  the  first  day  the  defendant, 
if  fearful  of  the  result,  was  at  liberty  to  fly  the 
country,  except  in  the  case  of  parricide.  Such 
flight  could  not  be  preyented  by  the  adversary, 
but  the  pro))erty  of  the  exile  was  confiscated 
(PoUax,  Till.  117;  Dem.  c  Aristocr.  p.  634. 
§  45 ;  p.  643,  §  69 ;  Matth.  p.  167).  On  the  third 
day  the  judges  proceeded  to  give  their  votes ; 
for  which  two  boxes  or  urns  were  provided  (p9pitu 
or  ii4A^opus\  one  of  brass,  the  other  of  woiod ; 
the  former  for  the  condemning  ballots,  the  latter 
for  those  of  acquittal.  An  equal  number  of 
votes  was  an  acquittal ;  a  point  first  established 
(according  to  the  old  tradition)  upon  the  trial 
of  Orestes  (Aeschyl.  Surnan,  752;  Matth. 
p.  165). 

As  the  defence  might  consist  either  in  a  simple 
denial  of  the  killing  or  of  the  intention  to  kUl, 
or  in  a  justification  of  the  act,  it  is  necessary  to 
inquire  what  drcumstances  amounted  to  a  legal 
justification  or  excuse.  We  learn  from  Demo- 
sthenes (c.  ArUtocr.  p.  637,  §  54)  that  it  was 
excasable  to  kill  another  unintentionally  in  a 
gymnastic  combat,  or  to  kill  a  friend  in  battle 
or  ambuscade,  mistaking  him  for  an  enemy; 
that  it  was  justifiable  to  slay  an  adulterer  if 
caught  in  the  act,  or  a  paramour  caught  in  the 
same  way  with  a  sister  or  daughter,  or  even 
with  a  concubine,  if  her  children  would  be  free. 
(As  to  an  adulterer,  see  Lys.  de  coed*  Eratoeth. 
§§  25,  26;  Plut.  Sol.  23.)  It  was  lawful  to 
kill  a  robber  at  the  time  when  he  made  his 
attack  (tvBbs  iLfiw6fiMwoi),  but  not  after  (Dem. 
c  Aristocr.  p.  639,  §  60).  By  a  special  decree 
of  the  people,  made  after  the  expuUion  of  the 
thirty  tyrants,  it  was  lawful  to  kill  any  man 
who  attempted  to  establish  a  tyranny,  or  put 
down  the  democracy^  or  committed  treason 
against  the  state  (Lycurg.  c.  Leocr,  |  125; 
Andoc  de  liytt.  §  96).  A  physician  was  excused 
who  caused  the  death  of  a  patient  by  mistake  or 
professional  ignorance  (Aatiph.  Tetral,  §  5). 
This  distinction,  however,  must  be  observed. 
Justifiable  homicide  left  the  perpetrator  entirely 
free  from  pollution  (jtoBapOv).  That  which, 
though  unintentional,  was  not  perfectly  free 
from  blame,  required  to  be  expiated.  See  the 
remarks  of  Antiphon  in  the  Tetrahgia^  B.  §  11. 
(Cf.  Thalheim,  p.  42;  AU,  Proceu,  p.  377  C) 

it  remains  to  speak  of  the  punishment. 

The  courts  were  not  invested  with  a  discre- 
tionary power  in  awarding  punishment ;  the  law 
determined  this  according  to  the  nature  of  the 
crime.  Wilful  murder  was  punished  with 
death  (Antiph.  de  coed,  ffer,  §  10 ;  Dem.  c.  Mid, 
p.  528,  §  43).  It  was  the  duty  of  the  Thesmo- 
thetae  to  see  that  the  sentence  was  executed,  and 
of  the  Eleven  to  execute  it  (Dem.  c.  Aristocr, 
p.  630,  §  31 ;  Meier,  Att,  Proc  p.  84 ;  Schumann, 
Ani<  Jur.  P\M,  p.  246).  We  have  seen  that  the 
criminal  might  avoid  it  by  flying  before  the 
sentence  was  passed.  MaliciousVounding  was 
punished  with  banishment  and  confiscation  of 
goods  (Lys.  c.  iSifnon.  §  42 ;  Matth.  p.  148).    So 


PHONOS 

were  attempts  to  murder  (/SovXe^o'cis).  Hoi 
far  incitements  to  murder,  by  mie  who  did  nc 
strike  the  blow  himself,  were  liable  to  a  ^o 
ypo^,  is  a  point  of  some  difliculty.  Of  s  ess 
of  this  kind  Demosthenes  says  (c  Vcmtm,  p.  12tM 

The  usual  explanation  of  i^ifioKw  is  ^  banished 
(A.  Schaefer,  Dem,  u.  seine  Zeit,  iii.  2,  114n. 
Sandys  ad  lie  ;  Meier,  in  Att.  Prooeu)]  Lipsiii 
pronounces  this  a  mistake,  and  insists  that  tii 
word  means  only  *'  expelled,"  i.e.  not  from  ti 
country,  bnt  from  the  Areiopaguj.  Probability 
as  it  seems  to  us,  from  the  analogy  of  Atheais 
practice  and  its  well-known  aversion  te  cnmt 
of  violence,  is  all  in  favour  of  tlie  former  Ti«« 
Whenever  such  a  crime  was  treated  as  murd« 
it  might  be  punished  with  death,  at  least  if  ] 
was  tried  in  the  Areiopagus;  for  it  is  doubtfo 
whether  the  minor  courts  (except  that  t 
^pHtrroi)  had  the  power  of  inflicting  cspitj 
punishment  (Matth.  p.  150;  Schumann,  Am 
Jur.  PuU.  p.  294 ;  Att.  Proc  p.  386,  Lips.).  1 
the  criminal  who  was  baoished,  or  who  avoids 
his  sentence  by  voluntary  exile,  returned  t«  tb 
country,  an.Mci^is  might  forthwith  be  Isi 
against  him,  or  he  might  be  arrested  and  takes 
before  the  Thesmothetaei  or  even  slsin  on  tl» 
spot  (Suidaa,  s.  v.  "Ei^t^tsz  Matth.  pi  lt>^) 
The  proceedings  by  i.ways0yii  (arrest)  migii 
perhaps  be  taken  against  a  murderer  in  the  &n' 
instance,  if  the  murder  was  attended  with  nb 
bery,  in  which  case  the  proaecator  was  lisUe  t 
the  penalty  of  a  thousand  drachmas  if  he  fsilet 
to  get  a  fifth  of  the  votos  (Dem.  c.  Arido& 
n.  647»  §  80;  Meier,  AtL  PrwL  p.  278,  Lipi.) 
But  no  murderer^  even  after  oonvictioa,  cosl^ 
lawfully  be  killed,  or  evjsn  arrested,  in  a  foreig: 
country  (Dem.  c.  Aristocr,  p.  631,  §  35 ;  pi  ^-' 
I  38)b  The  Greek  notion  of  humanity  forH 
such  a  practice;  it  was  a  principle  of  inter 
national  law  that  the  exile  had  a  safe  sstIiud  ii 
a  foreign  land.  If  an  Athenian  was  killed  bvj 
foreigner  abroad,  the  only  method  by  which  U 
relations  could  obtain  redress  was  to  f«i 
natives  of  the  murderer's  country  (not 
than  three),  and  keep  them  until  the  murdi 
was  given  up  for  judgment.  [Ahdbolefsu.] 
Those  who  were  convicted  of  nnintentiii 
homicide,  not  perfectly  excusable,  were 
demned  to  leave  the  country  for  a  year, 
were  obliged  to  go  out  (i^ipx^ffdai)  by  s  cci 
time,  and  by  a  certain  route  (rorr^  ^'^}l 
to  expiate  their  offence  by  certain  rites.  *" 
term  of  absence  was  called  kmnsants^ 
which  probably  does  not  mean,  as  the 
marians  took  it,  banishment  for  a  year  only, 
for  a  longer  period,  [ExsiLiUii,  pw  817  aj. 
was  their  duty  also  to  appease  (oSUUrBei) 
relations  of  the  deceased,  or,  if  he  had 
within  the  prescribed  degree  (/vr^s  ^i''^ 
see  above),  the  members  of  his  dan  (i 
either  by  presents  or  by  humble  entrcstj 
submission.  If  the  convict  could  prevail 
them,  he  might  even  return  before  his  time 
expired.  The  word  oiScco^oi  is  osed  not  <mlj 
the  criminal  humbling  himself  to  the  relati 
but  also  of  their  forgiving  him  (Harpocr. 
*rwo^6r^a:  Demosth.  c.  Pantaen.  p.  983.  § 
c  Macart.  p.  1069,  §  57 ;  c.  Aristocr.  ^ 
§  72 ;— Matth.  p.  170).  The  property  of  sn( 
criminal  was  not  forfeited,  and  it  was  anlaf 
to  do  any  injury  to  him  either   on  his  le&i 


PH0B08 


PH0R08 


387 


the  country  or  during  his  absence  (Demostb.  c. 
Ariatocr.  p.  634,  §  44). 

Such  was  the  constitntion  of  the  courts,  and 
the  itatc  of  the  law,  as  established  by  Solon,  and 
DMrtlj'  indeed  by  Draco;  for  Solon  retained 
BMMt  of  Draco's  ^orucol  i^/ioi  (Demosth.  c.  Everg, 
p.  1161,  S  71 ;  c  Arisiwsr,  p.  636,  §  51).  Bat 
it  Appctn  that  the  jnrlsdiction  of  the  4ipirtu  in 
later  times,  if  not  soon  after  the  legislation  of 
intloB,  wss  greatly  abridged  [Epuktjus];  and 
that  most  of  the  ^wueai  fi/nccu  were  tried  by  a 
cwDmoo  jury.  With  the  progress  of  democratic 
id^as,  the  ordinary  method  of  trial  was,  as  has 
bea  aeen  under  £phetae,  preferred  to  the 
aicicat  aristocratical  constitution  of  that  court. 
In  an  iasmption  of  the  year  409-8  B.O.  we  find 
that  Xiadjcir  (here  meaning  the  4^funtla  Siira- 
miplmt)  is  the  function  of  the  /ScuriAci^s,  8ia- 
Tiwot  (Ce.  to  gtre-ft-verdict,  the  ordinary  sense 
p(  Imdita)  that  of  the  ifir<u  (C  /.  A,  i.  61 ; 
AtL  iHoesf,  ppi»  16, 17,  Lips.).  Their  jurisdic- 
ilktioB  m  the  courts  iw  ^ptterroi  and  M 
flprsMly  was,  no  doubt,  still  retained;  and 
thoe  seen  to  have  been  other  peculiar  cases 
ferrtd  for  their  oognisance  (Pollux,  viii.  125 ; 
Xuth.  p.  158 ;  Schttmann,  Ant.  Jur.  Fub,  p.  296). 
Wbetker  the  powers  of  the  Areiopagus,  as  a 
crimmai  court f  were  curtailed  by  the  proceedings 
of  Policies  and  Ephialtes^  or  only  their  adminis- , 
tratire  and  censorial  authority  as  a  ooundl^  has 
l)ecD  discussed  under  Asexopaoub.  The  strong 
Luagnage  of  Demosthenes  (c.  Arisioer,  p.  641, 
f  65)  inclines  one  to  the  latter  opinion.  See 
alw  Dinarchna  (c  .^nsto^.  init.),  from  which  it 
appeals  there  was  no  appeal  from  the  decision 
»f  thst  court  (Hatth.  166 ;  Platner,  Proe.  und 
ATo;.  i.  27 ;  SchOmann,  Ant.  Jur.  Pub.  p.  301 ; 
l^rluaU,  Gr.  Mist.  yol.  ui.  c  17,  p.  24> 

No  extraordinary  punishment  was  imposed  by 
the  Atkeaiaa  legislator  on  parricide.  Suicide 
vas  Dot  considmd  a  crime  in  point  of  law, 
thos^k  it  items  to  have  been  deemed  an  offence 
igaiaft  religicn;  for  by  the  custom  of  the 
CBustry  the  hand  of  the  suicide  was  buried 
iptrt  from  his  body.  (Aeschiu.  c  Ctes.  §  244 ; 
AriitoL  EtK  Nie.  r.  15  (11)  =  p.  1138  a,  12; 
Bccker^Sdll,  CkarikleMy  ill.  164  f. ;  Att  Procets, 
^  381,  Up*.) 

Little  is  known  as  to  the  ^pufX  »6fioi  of 
ether  atatea.  At  Sparta,  it  would  seem,  the  law 
«^  ^^rst  iumi&ios  was  more  severe  than  at 
Athens :  one  Dracontaus  is  mentioned  as  banished 
iof  life  for  an  inroluntary  homicide  committed 
»h9n  a  boy  (Xen.  ^ii<i6.  it.  8,  §  25 ;  c£  Orote, 
Ft.  i.  ch.  20,  p.  486  n.). 

(Tbalheim,  lUchtaalUrth.  pp.  42  f.,  106,  109, 
12^.  The  references  in  Att.  Ptxteesa  are  spread 
threagh  the  whole  work,  and  must  be  found 
f;«a  the  Index.)  [C.  R.  K.]    [W.  W.] 

PH0B06  (#^r),  the  tribute  paid  to  Athens 
^7  W  allies  in  the  5th  century  B.C.  Upon  the 
i  mution  of  the  Confederacy  of  Delos  in  B.G.  476, 
tie  Asiatic  and  insular  allies  undertook,  with  a 
Viev  to  carrying  on  the  war  with  Persia,  to  pay 
^  the  Confederaoy  *  a  fixed  amount  of  ships, 
^^y.  or  men,  as  settled  by  Aristeides.  It  is 
^  dear  whether  states  which  sent  ships  and 
^^  were  alio  to  send  money.  (Thuc.  i.  96  speaks 
^  if  some  were  to  supply  the  one,  and  some 
thf  other ;  so  in  tL  85,  rii.  57.  But  in  vii.  57  we 
^  states  which  supplied  money  also  sending 
^'-atingents  (compare  the  inscription  in  C  /.  A. 


suppl.  to  Tol.  i.  p.  10,  given  in  Mr.  Hicks' 
Manual  of  Greek  ffiatoriccU  InacripHonaf  No.  28) : 
and  if  the  important  states  which  at  first  cer- 
tainly supplied  ships  be  deducted,  how  could  the 
remaining  states  hare  made  up  so  large  a  sum 
of  money  as  Aristeides  imposed  ?)  Be  that  as  it 
may,  the  total  annual  ^^s  was  fixed  at  starting 
at  no  less  than  460  talents  (Thuc  i.  96) ;  and 
this  amount,  as  apportioned  between  the  allies, 
«eems  to  have  been  thought  a  fair  one  (Thuc  y. 
18.  Plut.  Arist.  24  says  that  the  allies  called 
the  ^6pos  so  arranged  tlnrorfda  ris  rijs  *£X- 
KdSos).  The  treasury  was  to  be  at  Delos  (an 
old  religious  centre,  Thuc  i.  104),  where  also 
the  delegates  of  the  Confederation  were  to  meet. 
But  the  delegates  soon  ceased  to  meet  anywhere ; 
the  League  was  kept  together  by  the  firmness 
of  Athens,  the  strongest  state  in  it;  and 
the  treasury  was  remoTed  to  Athens  on  the 
suggestion  of  the  Samians,  probably  the  next 
strongest  sUte  (Plut.  Aristid.  25;  Diod.  xiL  38). 
Delos  was  probably  not  thought  a  safe  place  for 
the  accumulation  of  bullion.  The  date  of  the 
remoral  is  said  to  have  been  461  (Justin,  iii.  6) ; 
but  it  seems  more  likely  to  have  been  about  454, 
when  the  stone  tables  of  accounts,  to  be  men- 
tioned below,  begin.  The  Hellenotamiae  and 
Logistae  took  charge  of  the  funds  at  Athens 
[Hellenotamiae']. 

Athens  now  of  course,  if  not  earlier,  charged 
herself  with  collecting  the  tribute.  Many 
states  were  now  sending  money  instead  of  their 
original  contingents  (Thuc  i.  99 ;  Plut.  Ofmon, . 
11).  The  League  was  complete  in  numbers  and 
in  organiaation  by  454;  and  the  only  states 
which  were  then  still  sending  contingents  of 
ships  and  men  on  the  original  footing  were  pro- 
bably Samos,  Chioe^  and  Lesbos.  We  may  fairly 
say  that  by  that  time  the  Confederacy  of  Delos 
under  the  hegemony  of  Athens  had  been  changed 
into  an  empire  of  Athens  (rvpuyvt^a  yhp  ^X^^ 
rV  ^^^xA^t  Thuc  iL  i^3).  Aristophanes  (  Vap. 
707)  speaks  of  1000  allies ;  the  names  of  states 
actually  learnt  from  inscriptions  or  other  sources 
only  amount  to  about  300;  but  many  little 
states  may  haye  been  grouped  into  evrrdXeuu. 
The  empire  pretty  well  enclosed  the  Aegean. 
It  included  more  or  less  completely  the  coasts  of 
Asia  Minor  (from  the  Propontis  to  Lycia),  Mace- 
don,  and  Thrace,  and  most  of  the  Aegean  islamds. 
Loosely  connected  with  it  were  the  Western 
islands  of  Cephallenia,  Corcyra,  and  Zacynthos 
(Thuc  yi.  85),  and  the  Peloponnesian  states  of 
Troezen  and  Achaia  (Thuc  i.  Ill,  115):  to  these, 
howeyer,  the  organisation  of  the  League  or 
empire  hardly  applies,  nor  does  it  seem  that 
they  paid  ^4pos, 

More  states  joined  the  League,  as  more  states 
were  set  free  from  Persia,  and  states  were 
presently  allowed  to  send  money  instead  of 
ships,  or  eyen  (as  Thasos)  compelled  to  do  so 
after  the  failure  of  attempts  to  secede.  In  these 
ways,  as  the  gross  amount  of  the  ^pos  re- 
mained the  same,  the  quotas  of  single  states 
fell,  till  a  re-assessment  in  442  cancelled  most 
of  such  abatements  and  so  raised  the  total. 
That  this  was  the  policy  of  Pericles  may  per- 
haps be  inferred  from  Plut.  Arist.  24. 

At  the  time  of  the  outbreak  of  the  Pelopon- 
nesian  War  (B.O.  431)  the  ^6pos  amounted  to 
an  average  of  600  talents  (Thuc.  ii.  13).  With 
this  fund  Athens  had  triumphantly  brought  the 

2  0  2 


388 


PHRATRIA 


Persian  wars  to  aa  end,  and  had  aince  expended 
a  great  deal  of  money  in  embellishing  the  city. 
The  money  was  at  first  brought  by  the  allies ; 
later,  probably  collected  by  iffyvpo\6yoi  y^cs. 
The  tribute,  for  such  it  had  now  become,  was 
no  doubt  thought  a  grievance  (Aristoph.  Pax, 
621)  :  but  (except  in  accidental  cases)  it  cannot 
really  hare  been  oppressive,  if  a  5  per  cent,  tax 
on  exports  and  imports  was  thought  likely  to 
produce  more  than  even  a  double  f6p9s  (Thuc. 
vii.  28).  In  425  the  sum  was  doubled,  and  the 
f6pos  raised  to  1200  talents  or  more  (Andoo.  de 
Pace,  §  9 ;  Aeschin.  F,  L.  §  175,  confirmed  by 
inscriptions ;  1300  talents,  Flut.  Ar'at.  24).  The 
assessments,  however,  of  each  state  do  not  seem 
to  have  been  uniformly  doubled;  some  were 
raised  more,  some  less. 

Certain  stone  tables  of  accounts,  found  in 
pieces  at  Athens  and  since  put  together,  give  us 
a  great  deal  of  information  on  the  constitution 
of  the  empire,  and  especially  on  the  ^pos.  They 
have  been  printed  in  the  C  /.  A^  and  edited 
with  explanation  by  U.  K5hler,  Urkunden  und 
Uhtersuchungen  zw  GeschichU  des  delisch-atti- 
8chen  BundeSf  1870 :  see,  too,  Mr.  Hicks'  Manual, 
The  accounts  only  register  a  percentage  of  the 
whole  amount  received,  which  percentage  was 
handed  over  to  Athene  Parthenos,  at  the  rate  of 
1  mina  per  talent :  but  we  can  reconstruct  from 
them  a  tolerably  complete  table  of  what  each 
ally  or  subject  paid.  The  League  or  Empire  was 
divided  into  five  financial  provinces,  and  we 
hear  of  the  Ionic  ^6post  the  Hellespontine, 
the  insular,  Carian,  send  Thracian.  (See  the 
language  of  Thuc.  ii.  9,  and  of  Plut.  Perikhs,  17, 
for  traces  of  this  arrangement.)  Thuc.  iii.  31 
speaks  as  if  the  Ionic  were  the  most  productive. 
The  tribute  was  re-assessed  every  four  years  (cf. 
Xen.  de  Rep.  Ath,  iii.  5),  with  elaborate  forms 
apparently  borrowed  from  the  process  of  legisla- 
tion, and  the  allies  affected  by  proposed  changes 
were  heard  in  defence  of  their  interests  (see 
Hicks'  Manual^  p.  79). 

In  B.C.  413  the  direct  tribute  was  turned  into 
an  indirect  on^,  and  an  ciicotrr^  or  tax  of  5  per 
cent,  was  imposed  on  all  expoi*ts  and  imports,  to 
be  collected  by  Athenian  agents  in  the  harbours 
of  the  allies.  By  this  the  Athenians,  then 
pressed  for  money,  expected  to  make  more  (Thuc. 
vii.  28) ;  but  the  arrangement,  if  ever  properly 
carried  out,  did  not  last  long.     [EioosTE.] 

When  an  Athenian  league  or  empire  was  re- 
vived about  B.C  378,  the  term  airra^ts  was  used 
instead  of  ^pos  for  the  contributions  of  the  allies 
(Harpocrat.  il^vra|(t).  The  necessity  of  enforcing 
these  again  made  the  empire  uopopnlar. 

'Evi^op^  was  an  extra  charge  which  could  be 
imposed  under  the  first  empire. 

(On  the  ^6pos  generally,  see  Boeckh's  Staats- 
haushalttmg  der  Athener,  edit.  3.)        [F.  T.  R.] 

PHRATRIA.     [CiviTAS;  Tribus.] 

PHTHORA  TON  ELEUTHERON  (ipBopk 
rS9¥  iKtvOipttv)  is  only  mentioned  in  a  spurious 
law  in  Aesch.  c.  Tim,  §  12,  according  to  which 
the  yvftya<ruipxBti  ^ho  did  not  keep  those  above 
the  age  of  boys  out  of  the  palaestra  at  the  cele- 
bration of  the  Hermaea  were  liable  to  this 
charge;  cf.  §  10  (^Att.  Process,  ed.  Lipsius, 
p.  411).  This  very  feast  was  the  occasion  on 
which  Socrates  was  introduced  to  the  young  Lysis 
(Plat.  Lys,  p.  206  D  f.).      [C.  R.  K.]     [H.  H.] 

PHTLARCHI   (^^Kapxoi,    <f>v\dpxai).     In 


PHYLOBASILEIS 

ancient  times  the  tribal  system  prevailed  every- 
where in  Greece ;  the  Dorians  having  s  three- 
fold, the  loniaas  a  fourfold,  division  of  this  kind. 
(Tbibus.]  This  institution  remained  till  the  latest 
period,  with  certain  modifications.  The  phylarciu 
seem  originally  to  have  been  the  chiefs  of  the 
various  tribes  IpvKat),  whether  in  peace  or  war. 
We  have  direct  proofs  that  they  discharged  cinl 
functions,  from  the  case  of  Epidamnus,  a  colony 
of  Corey ra.  The  latter  as  a  Dorian  citv  ha^ 
the  three  Dorian  tribes,  and  we  may  infer  that 
its  colony  retained  them  likewise.  In  earlier 
times  Epidamnus  was  oligarchic  in  constitatioo. 
The  strength  of  the  oligarchy  lay  in  the  phyl- 
archs  of  the  three  Dorian  tribes,  and  accord 
ingly,  when  the  revolution  came,  the  oligarchic 
phylarchs  were  supplanted  by  a  democratic 
boule  (Aristot.  Pol,  1301  b,  22).  They  probablr 
were  the  same  as  the  rp6fiov\ot,  whom  Aristotle 
(Pol,  1299  b,  31)  describes  performing  under  a 
oligarchy  the  functions  discharged  by  the  bonle 
under  a  democracy.  How  many  of  these  pbrl 
archs  there  were,  we  have  no  means  of  decidi&f. 
There  were  probably  several  from  each  tribe, 
possibly  the  representatives  of  the  yim  witbin 
each  tribe.  We  know  that  at  Ilion  each  tribe 
had  several  phylarchs  (C.  I,  0,  3599).  Whei^ 
the  phylarchs  in  the  change  from  oligarchy  td 
democracy  lost  their  important  civil  functionsJ 
they  not  unnaturally  retained  a  remnant  of  theifl 
military  importance.  As  they  were  oligarcu 
they  naturidly  represented  that  branch  of  t^ 
military  organisation  which  was  especially  cIm 
garchic,  and  thos  it  is  that  we  find  them  itd 
appearing  as  the  commanders  of  the  cavalrj  o 
the  tribes.  At  Athens  we  do  not  know  how  manj 
there  were  in  early  times,  but  probably  each  d 
the  four  old  tribes  had  originally  several  pbyl 
archs,  but  subsequently  had  only  one  each  nndd 
the  constitution  of  Solon.  When  Cleistheoe 
made  his  ten  new  tribes,  he  increased  the  narobe 
of  the  phylarchs  from  four  to  ten,  according  U 
Herodotus  (v.  19).  It  has  been  thought  tba 
the  historian  should  have  said  ten  phrlsrcU 
instead  of  the  old  phylobasileis,  who  were  fotu 
in  number,  one  for  each  of  the  old  tribes  (Tit^ 
mann,  Staatsv.  274>5).  Bnt  as  Herodotus  pr« 
bably  identified  phylobasileis  with  phjlarcU 
there  is  no  difficulty  in  the  passage.  (Jnder  th 
constitution  of  Cleisthenes  there  were  ten  pbj 
archi :  one  tribe  (Pollux,  viii.  94)  command^ 
the  cavalry  contingent  (100  men)  of  each  trlli^ 
(Cf.  a/  ^v\a\  r&v  Imrittv,  Xen.  Hipp.  3,  11 
They  were  under  the  control  of  the  two  bij 
parchi.  According  to  PoUnx  (viii,  94),  th? 
were  chosen  from  each  tribe  by  the  archons  c<) 
lectively.  This  can  hardly  be  regarded  as  cod 
elusive  even  on  his  great  authority.  It  is  mo^ 
probable  that  they  were  elected  by  Cheirot4)ni^ 
like  the  strategi,  hipparchi,  and  taxiarchi.  .\ 
the  cavalry  were  citizens  of  the  two  highe^ 
classes  (pentacosiomedimni  and  hippeis),  we  mS 
infer  that  the  phylarchs  always  belonged  \ 
either  of  these  classes.  The  office  also  existed  i 
Cyzicus  (cf.  Inscription  in  Rev.  ArdL  xxx.  93| 
and  is  mentioned  as  next  in  order  after  til 
strategi.  , 

At  Methymna    likewise    each   tribe  has  ii 
4»i;xapx^j  (inscript.  in  Bvll.  iv.  439).  [W.  Ri. 

PHYLOBASILEIS  (^l»Xo^«r«A•:»>  T 
origin  and  functions  of  the  Athenian  otEcia^ 
called    'Hribe-kings '*    are    involved    in   gTi\ 


S. 


PHTL0BA8ILEI8 


PICTURA 


389 


rbscDrity.  Unfortanately  the  data  are  ex- 
>^iingly  icaDty ;  all  that  we  know  about  the 
»i5v<  being  drawn  from  the  four  or  fire  meagre 
r-:'ereBces  here  giren.  Our  oldest  notice  is  that 
r^atanud  in  Plutarch  (&)/.  19),  who  quotes  the 
K -Tds  of  the  Thirteenth  Axon  of  Solon,  iwtri/iovs 
dm  w\ifp  Svoi  i^  'Apc(ov  Tldyov  1j  iaoi  iK  r&y 
l^ermv  %  4ic  TlpvTaytlov  KaraiiKaa64yT§s  ^irb 
rw  $affik4mp  iwl  ^y^  ^  M  ff^aytuffiv  ^  M 
rvptntSi  f^iryor.  Next  comes  the  i^^io'/ia  of 
I'itrocltidet,  quoted  by  Andoddes(</«  Myst  §  11), 
111*  vording  of  which  is  evidently  framed 
if^.-r  the  Solonian  law,  Ij  i^  *Ap€iov  ndyov  If 
riv  'E^»r  1^  itc  UpvTaM€lov  f^  A*\!piylov 
ilitoffhi  I)  iwh  Tww  $euri\4wy,  ^  iwl  ip6v^  rls 
im  fvy^  ^  9dumTOs  icar*ytfA<rOri,  f^  ff<payv<riy 
I  rvpamti.  There  can  be  no  doubt  that  the 
0aj(A«{f  mentioned  in  the»e  two  passages  cannot 
:titi  to  the  Archon  Basilens ;  for  in  the  same 
fa&$tg«  Plutarch  calls  them  by  the  name 
r|?vravf(j:  and  in  the  decree  of  Patrocleides, 
vun  reference  is  made  to  the  &pY»y  fiofftKtis, 
ke  is  called  in  the  singular  6  fieuriXtis.  That 
iktK  $a9iKfis  are  the  same  functionaries  as  the 
^\9^tKus  will  be  made  clear  by  Pollux, 
niL  llljolM  ^vKofiaaiXus,  i^t^arpMv  irrts, 
pd^urra  riv  UpAr  iwMfitKowrOf  <rwt9p€^ym 
i'  T^  pmJiXfi^  r^  wapik  rh  fimmoKtioy:  and 
farther  (riiL  120),  t^  M  ITpvraycfy  8iicd((pi  wtpi 
rvy  krorrttrdrrmyf  ic&r  4<r<y  A^oyctf,  icol  irtpl 
r«7  wjfvxon^  r&y  i/iw*ir6rrwy  ical  kwoicrtiydyrwy, 
vpwurH^np^  8^  ro^ou  rov  iuctumiptov  ^vAo- 
fcffAitSy  o6j  0«i  rh  ipantrhy  te^vxoy  inctpopitrau 
FiuJlj,  Hesychins  says,  ^KoficuriKur  4k  t&v 
pKiv  a^troi,  td  rks  Bvirias  Iwirf Aovn'f f. 

The  connexion  between  the  ^o^'iAcir  of  Solon 

a1  the  ^Xo/3affiAf  7f  of  Pollux  is  proved  by  the 

cQc&exion  of  the  fiaffiKth  in  the  one  case,  and 

ttatof  the  ^Ao^curiAfii  in  the  other,  with  the 

Prjtaneion.    We  hare  no  information  as  regards 

tbtir  aomber;  bot  as  they  existed  before  the 

t>n«  of  Cleisthenes  and  were  elected  from  the 

tnbtf,  and  as  the  name  itself  implies  that  there 

vit  only  one  for  each  tribe,  it  is  not  unreasonable 

to  infer  that  they  were  four  in  number.    As 

f^tv^  their  functions,  we  may  gather  something 

fno  the  lex  of  Solon  and  the  decree  of  Patro- 

(Ma.    In  the  former  three  distinct  tribunals 

*tt  mentioned — ^Areopagus,  Ephetae,  and  Basileis ; 

nd  ilso  three  distinct  crimes — ^murder,  man- 

fciQ((hter,  and  aiming  at  sovereignty.     As  the 

Aftfip^Qg  tried  murder  cases,  and  the  Ephetae 

(n.  the  conrts  called  Delphinion  and  Palladion) 

QM  of  manslaughter,  it  would  seem  that  the 

<-^iQe  which  specially  fell  under  the  jurisdiction 

^th«  Be^iXcjrs  was  that  of  attempting  to  become 

^  *i««poi    The  same  three  tribunals  and  the 

^"^  three  crimes  are  mentioned  in  the  same 

^er  in  the  decree  of  Patrocleides.    Solon  had 

^'t  to  the  Ephetae  the  duty  of  sitting  as  judges 

^  ceitain  ancient  courts, — the  Delphinion,  the 

*^Udion,  the  Court  at  Phreatto,  and  the  Prv- 

^*°<i<ni.    In  the  Prytaneion  the  Ephetae  solemnly 

tn«i  ioanimate  objects  which  had  taken  a  human 

'^ud  oTcr  the   EpheUe  in  this  court  the 

UTlobatileu  presided ;   and  if  the  object  was 

*-M  guilty,  it  was  their  duty  to  convev  the 

Httted  object  beyond  the   frontier.     This,  of 

"^^^^>  vas  much  more  a  religious  than  a  legal 

•a-tita.    Similarly,  too,  they  acted  as  assessors 

^  '^«  Archon  Basileus,  sitting  along  with  him 

^'  *^  BaaUeion.    Now,  as  the  Archon  Basileus 


dealt  with  all  cases  of  blood-guiltiness,  whether 
murder  or  homicide,  it  is  evident  that  the 
functions  of  his  assessors  would  be  priestly  rather 
than  judicial.  The  fact  that  the  Phylobasileis 
were  Hupatrids  is  of  importance,  when  we  recoU 
lect  that  in  cases  of  death  by  violence  members 
of  certain  Eupatrid  families  were  consulted  as 
i^rryriral  (cf.  Plato,  Euthyphro,  p.  4,  D).  From 
the  priestly  nature  of  their  functions  it  was 
natural  that  they  were  left  untouched,  both  by 
the  reforms  of  Solon  and  of  Cleisthenes. 
Whether  their  number  was  increased  to  ten  by 
Cleisthenes  when  he  made  his  ten  new  tribes, 
we  cannot  now  tell.  Hesychius  seems  to  refer 
merely  to  their  office  of  offering  sacrifices  on 
behalf  of  their  tribes.  That  such  sacrifices  were 
offered  on  behalf  of  the  tribe  (just  as  they  were 
offered  for  the  phratry  and  genos)  is  very 
probable.  With  reference  to  their  origin  we  ma'v 
suggest  that  just  as  the  Archon  Basileus  [cfl 
Rex  Sacbobum]  represented  the  religious 
functions  of  the  ancient  king  of  united  Attica, 
so  these  *'  tribe-kings  "  represented  the  priestly 
functions  of  the  ancient  chieftains  of  the  several 
separate  tribes  which  were  ultimately  fused  into 
a  single  community.  In  Homer  the  title 
fioffiKths  seems  given  to  the  chief  of  a  tribe  or 
clan ;  so,  for  instance,  Antinous  and  Eurymachns 
and  other  suitors  are  called  /Bao-iA^cs  {Od.  i.  394). 
Many  traces  of  these  ancient  chieftains  can  be 
found  elsewhere  in  Greece  as  well  as  in  Athens. 
For  example,  at  Elis,  there  were  magistrates  called 
/9a<riAocf  (/.  0,  A.  112),  who  had  plainly  judicial 
functions.  So  also  at  Cyme  there  was  a  body 
called  /3ao-iAfif  under  the  aesymnetes  with 
judicial  functions.  Similar  bodies  likewise  ex- 
isted  in  the  islands  of  Mitylene  and  Siphnos, 
but  as  regards  their  numbers  we  have  no  infor- 
mation. [W.  Ri.i 

PHYLON  (^GAok).    [Tbibus.] 

PICTU'BA  (ypai^,  ypeupuc^,  Crxpa^^a)f 
painting.  1.  Definition  of  terms, — ^The  won! 
ypdp^  originally  implies  the  engraving  of  signs 
of  any  kind,  and  from  this  it  came  to  be  used 
both  for  painting  and  writing :  as  in  Greece  the 
art  of  painting  was  known  long  before  the 
introduction  of  writing,  it  is  probable  that  the 
second  meaning  was  derived  from  the  first,  the 
pictorial  origin  of  writing  being  an  obvious  con- 
nexion. The  same  double  usage  was  applied  to 
ypei^fl  and  ypdfifia:  while  ypa^iic^  indicated 
painting  as  art  in  the  abstract.  As  the  repre- 
sentation of  the  living  thing  is  the  farthest 
removed  from  the  mere  signs  which  constitute 
writing,  painting  us  distinguished  from  writing 
came  to  be  called  (^paipla  {{^  ypd^ai)  or 
(arYpo^uc^i :  with  special  names  for  the  various 
branches  of  the  art,  as  /icyoAoypa^fa,  for  large 
subjects;  pmroypeupUif  for  trivial  or  miniature 
subjects ;  tbtoyaypa^la,  portraiture ;  and  vtaivo* 
ypapia,  scene-painting.  In  Latin  we  have  not 
these  distinctive  terms,  ptn^tf  and  its  deriva- 
tives (originally  applied  to  embroidery)  doing 
duty  for  all  requirements. 

It  is  evident  that  the  rooted  idea  of  the  word 
ypdupw  includes  both  the  elements  of  drauring 
and  also  that  of  colouring :  of  the  two  it  seems 
natural  to  suppose  that  drawing  is  the  earlier 
in  point  of  origin,  seeing  that  it  forms  the  basis 
of  painting :  and  this  abstract  idea  is  probably 
what  we  are  intended  to  understand  by  the 
ancient  legends  of  the  origin  of  painting  in 


390 


PICTUBA 


PICTUBA 


Greece.  These  legends,  to  which  we  shall  pre- 
sently refer,  seem  to  suggest  that  the  earliest 
'*  paintings  "  were  reall j  only  outline  drawings, 
— a  fact  which  is,  however,  not  borne  out  by 
the  evidence  of  the  monnments.  It  has  been 
suggested  that  what  Pliny  (xxiv,  15)  alludes  to 
as  the  earliest  form  of  art, — **  Monochrome 
painting/'  monochromatony — consisted  in  the  fill- 
ing in  of  such  outline  drawings  with  colour,  and 
thus  forming  a  silhouette,  similar  in  idea  to  the 
paintings  on  the  earliest  vases.  Donner,  on  the 
other  hand,  suggests  that  the  art  of  writing 
preceded  that  of  drawing ;  tablets  of  wax, 
pugUktre8f  and  the  stUus  may  be  traced,  he  says, 
back  to  the  time  of  Homer.  Pliny  states  (xxL 
§  85)  that  the  wax  was  coloured  black  with 
])aper  ash,  and  red  with  anchusa.  From  writing 
on  these  tablets  people  took  to  drawing:  this, 
in  Donner's  view,  is  the  explanation  of  the 
earliest  form  of  art,  Pliny's  monochromaton. 
This  explanation  is  obviously  untenable :  for  one 
thing  we  have  no  evidence  to  show  that  such 
red  and  black  drawings  existed  in  early  times : 
the  theory  that  writing  preceded  drawing  is 
contrary  to  all  our  preconceived  notions  of 
development ;  and,  besides,  another  statement  of 
Pliny  (xxxiii.  §  117  ;  xxxv.  §  64)  proves  that  in 
his  time  fntmochromaia  meant  something  quite 
different,  the  pictures  being  executed  in  various 
tones  of  the  same  colour.  Bliimner  suggests 
that  the  mere  outline  drawings  should  rather 
be  called  monogrammatcLy  because  /iOP^pafAftos 
is  the  term  for  a  very  lean  man. 

Another  word  which  indicates  outline  rather 
than  complete  drawing  is  wtpiypa^ :  and  since 
outline  must  to  a  certain  extent  be  said-  to 
underlie  all  design,  it  i^  further  called  Sioypa^ 
^cypoi^il,  Pollux  gives  ffKutypatplOf  but  in 
such  terms  as  to  leave  it  in  doubt  as  to  whether 
the  word  implies  the  actual  shadow,  or  merely 
the  outline  of  a  shadow :  in  some  instances  it 
means  certainly  the  outline  of  a  shadow ;  more 
usually,  when  referring  to  the  art  of  a  good 
period,  it  applies  to  painting  in  strong  light  and 
shade,  or  is  another  expression  for  maipaypo/pia. 
A  special  word  for  a  hasty,  inefficient  shadow 
outline  or  sketch  is  tririapi^iK/A^t.  What  we 
in  painting  call  the  ^  drawing "  as  opposed  to 
the  "  colouring,"  the  Greeks  called  ypati/i'^ : 
hence  yp€^ifiiis  iKK^tiv,  iarortv^w^  &c.  (Blum- 
ner,  iv.  pp.  414-24). 

The  importance  of  deciding  the  exact  applica- 
tion of  these  various  terms  will  be  seen  when 
we  approach  the  question  of  the  early  history  of 
painting  as  given  in  the  ancient  authorities: 
where,  as  we  shall  see,  there  is  good  reason  for 
supposing  that  the  various  stages  of  develop- 
ment as  described  by  Pliny  are  partly  at  least 
based  on  his  interpretations  of  the  terms  used 
in  the  Greek  authorities  which  formed  his 
sources  of  information. 

In  Latin,  the  art  of  drawing  in  the  abstract 
was  gnupkicay  and  the  practice  of  it  adumbrar€ 
or  delineare:  what  we  call  outlining  was  circum- 
Bcriberem  The  outline  of  a  picture,  or  even  the 
drawing,  was  Unea  (hence  lineas  duoere^  Hnea^ 
menta)\  outline  drawing,  linearU  pictwra. 

For  the  practice  of  drawing,  various  materials 
were  used :  the  most  general  would  be  the 
tablet  of  wood,  which  was  covered  with  wax, 
and  the  stiltu,  jpoip^t  or  Tpo^ipy :  7pa^lt  was 
also  used  for  a  fine  brush,  the  jMmct7/M,  which 


was  employed  either  on  wood,  such  as  boi  or 
cedar,  or  on  parchment :  the  silver  point  Menu 
alluded  to  in  Pliny  (xxxiii.  98);  and  the  OMg« 
of  red  pencil  and  of  charcoal  is  likewise  attested. 

By  the  addition  of  ootour,  drawing  becomes 
painting.  For  colouring  matter,  the  ancient« 
spoke  of  ^dofuucop,  medfOMiiaiivm,  jrigmeiUvm, 
as  distinguished  from  x^A^t  cohr^  the  sctoal 
colour  prepared  for  use.  Pollux  speaks  forthei 
of  &i^,  xpc^/MTTA  iufBupd :  a  further  duttactioa 
is  made  in  the  art  writen  between  ooUfm 
ftoridi  and  oohres  aust^ri.  The  laying  on  d 
colour  is  xp^C^^'^9  jcpaiv^w  (with  compounds); 
also  HufB^ai  ^hpi&wuif.  In  a  bad  sense  ol 
''daubing,"  icararoucIXXcir  and  ivuXti^w, 
inlmere:  the  Latin  word,  however,  need  not 
always  signify  the  derogatory  sense.  Graun- 
linere  is  the  working-np  of  the  background  from 
which  the  subject  stands  out. 

For  shading,  Pollux  gives  <ric(ar  iu^rumifut^ 
or  ffKidCtuf,  In  artistic  criticism  we  find  honn 
et  umbra  used  in  the  modem  sense:  iplendjr, 
probably  for  strong  gleaming  lights  or  reflexios : 
T^yot,  the  '*  assktanoe  of  light  and  shade,  per- 
haps the  general  ground  tone  of  the  picture :  ** 
apjity^f  commismtrae  et  iransitus  co^bnm,  tb« 
toning  of  one  colour  into  another.  These  terms 
will,  give  some  idea  of  the  kind  of  effects  whki 
an  ancient  art^-critic  would  probably  hare  had 
principally  in  his  mind. 

2.  TecAfu'fue.*— With  a  view  to  a  clearer  under- 
standing  of  the  usage  of  terms  in  the  descrip- 
tions which  follow,  it  will  be  well  to  define  fint 
of  all  those  terms  mentioned  in  connexioD  with 
the  various  classes  of  ancient  painting;  to 
describe  the  technical  procesMs  which  dittia- 
guish  these  classes;  aiid  to  enumerate  th# 
materials  used,  as  far  as  they  can  be  identified 
either  from  ancient  literature  or  from  the  sctwl 
monuments. 

The.  most  convenient  division  of  the  subject 
is  that  which  depends  on  the  ground  upon  which 
the  painting  is  laid :  the  principal  headings  will 
be  as  follows,  yiz.  Watt  Pamtktg,  Eattl  Paint- 
ing^  and  Enoaustic,  Of  these  the  first  two  msyj 
be  treated  together,  inasmuch  as  in  both  we 
have  the  employment  of  water-colour  snd  the 
brush.  The  subject  of  encaustic,  in  which  wax 
and  a  metal  tool,  the  cestrum^  are  the  distiB- 
guishing  materials,  involves  numerous  difficult 
and  complicated  questions,  and  will  be  be^t 
treated  separately  in  connexion  with  tbe  mona- 
ments  which  illustrate  this  branch  of  art. 

For  wall  and  easel  painting  the  materisU  oi 
the  artist  in  antiquity  were  very  much  th« 
same  as  those  of  a  modern  painter :  of  brashes, 
Tpo^cor,  7pa^(s,  penioiUus  (or  -«si),  he  would 
have  every  variety  at  his  disposal,  the  coarser 
ones  made  of  bristles,  scMid,  the  finer  of  a  ckM- 
textured  sponge;  a  larger  piece  of  spon^v 
would  serve  to  erase  errors  or  wash  ont  the 
brush :  a  palette,  or  set  of  palettes,  of  which 
the  existence  is  proved  by  numerous  represents- 
tions  of  ancient  studios,  but  of  which  the  anrient 
name  is  not  known ;  and  lastly,  an  easel  pr^ 
cisely  similar  to  those  of  to-day,  called  ^spiBsf 
or  KiKki0as:  the  Latin  equivalent  is  vwMm. 
but  this  word  is  also  applied  to  the  scaffold  on 

which  the  fVesco-painter  worked. 

3.  ira//Paiirfin^.— The  practice  of  decorstinj 

walls  with  coloured  designs  in  fresco  obtaiaed 
in  Greece  long  before  the  time  at  which  actosl 


PICTUBA 


'PICTURA 


391 


attthe&tic  records  maj  be  said  to  begin.  The  ez- 
cintJDns  at  Tutus  and  Myoenae,  which  illtutrate 
a  eiT:liiation  of  origin  probably  conaiderably 
<irUCT  than  the  poems  of  Homer,  have  brought 
to  ligkt  specimens  of  wall-painting  which  show 
» tikit  at  that  period,  whenever  it  was,  artists 
on  these  sites  were  worl^ing  in  a  technique  very 
simiiar  to  that  of  the  Egyptians.  The  walls 
were  plastered  with  clay,  and  covered  with  a 
casl'mg  of  lime ;  over  this  a  design  in  spirited 
f:««hind  has  been  drawn  al  fresoo,  Jn  the 
Tima  specimens  fire  colours  were  used,  as 
sftiast  six  which  are  fonnd  in  Egyptian  art; 
bat  tiie  omission  of  the  green  may  here  be 
merely  accidental,  and  in  point  of  fiict  the  use 
cf  freeai  seems  to  be  indicated  in  the  specimens 
fbtmd  more  recently  at  Mycenae.  Of  fresoo- 
piintiai  in  Greece  proper  we  hear  nothing  fur- 
ther until  the  time  of  Polygnotos :  that  it  was 
kept  up,  however,  in  Italy  at  least,  we  know 
from  the  wall-paintings  of  the  tombs  in  some  of 
the  early  Etruscan  sites,  such  as  Veii,  which 
most  date  from  the  end  of  the  seventh  century 
B^:  some  of  these  paintings  show  a  decided 
ooanexion  with  Mycenaean  art,  both  in  the  style 
sad  in  the  character  of  their  ornamentation. 
It  was  not  vnUl  the  fifth  century  that  the 
freat  historical  compositions  of  Polygnotos  and 
hu  conteisporarica  raised  this  art  to  its  highest 
level ;  so  that  in  this  era  we  hear  very  little  of 
any  other  kind  of  painting.  In  the  fourth  cen- 
tury, the  work  of  the  greater  artists,  such  as 
Zeaxii  sad  Parrhasios,  lay  almost  entirely  in  the 
eieeotioa  of  easel  pictures,  and  henceforward 
vail-decoration  was  reduced  to  a  subordinate 
postion,  firom  which  it  never  again  rose. 

la  the  literary  accounts  of  ancient  pictures  it 
u  often  extremely  difficult  to  decide  whether 
the  descrtpli<m  xeiers  to  a  wall-  or  an  easel- 
picture^  because  the  writers  have  no  system  of 
tenninology  to  distinguish  the  two  methods.  The 
▼ords  v<Mi|  and  tabiSa,  which  originally  applied 
to  in  easel-painting  on  wood^  came  in  course  of 
time  to  be  loosely  applied  to  the  genera]  mean- 
inf  of  **  picture,**  without  distinction  of  species ; 
ud  to  increase  the  difficulty,  we  know  that 
toe  ancients  both  himg  pictures  on,  and  also  let 
them  into,  their  walls:  so  that  ypd^v  ix\ 
^iXsv  or  M  rotx^  cad  and  certainly  does 
nteaa  any  of  these  methods;  on  the  other 
hand,  it  seems  probable  that  roixoypttpla  is 
strictly  only  applied  to  fresco.  The  real  dis- 
tisction  between  fresco  and  other  methods  is  in 
reality  the  fact  that  fresco  demands  a  *'  fresh  " 
or  wet  surlace ;  and  this  is  indicated  by  the 
expnssion  4^*  iypoit  ^trfprn^'iv^  udo  {teetorio) 
pingere  or  UUnere. 

The  following  account  of  the  preparation  of 
the  wall  and  of  the  method  of  fresco-painting  is 
Ukeo  from  Blumaer  (iv.  p.  432). 

The  groundwork  for  fresco-painting  is  formed 
hv  a  wet  stncoo,  Koytofta  or  tectoriwnj  laid  on 
the  wall.  This  stucco  for  fresco  was  specially 
prepared:  both  ancient  literature  and  modem 
'^A^xeh  show  that  the  ancients  expended 
ffttter  care  on  this  than  we  do  in  modern 
*iiB«s.  Pliny  says  that  three  layers  of  sand 
mrtar  and  two  of  marble  stucco  were  em- 
ployed;  but  Yitruvius  gives  the  process  in 
^Uer  detail  The  wall  is  first  treated  with  a 
roa^h-cast  of  coarse  mortar ;  then  follow  three 
Uyer$of  sand  mortar,  so  arranged  that  with  the 


aid  of  ruler,  plummet,  and  square,  the  due  level 
is  preserved;  each  fresh  layer  being  put  on 
when  the  lower  one  is  dry.  On  these  three 
layers  of  sand  mortar  foUow  three  of  marble 
mortar  (ue,  mortar  mixed  with  pounded  marble 
in  such  a  way  as  to  detach  freely  from  the 
trowel),  varying  in  degree  from  coarse  to  fine. 
This  is  pressed  down  and  smoothed  with  wood  ; 
special  care  being  taken  that  it  should  be 
durable  and  not  liable  to  crack,  and,  above  all 
things,  that  the  coloun  laid  on  it  while  wet 
should  bind  firmly  with  the  lime.  For  the 
adhesion  of  these  colours  depends  on  a  chemical 
process,  in  which  the  water  of  the  water-colours, 
combining  with  that  already  existing  in  the 
mortar,  releases  a  part  of  the  hydrate  of  lime 
(into  which  the  lime  in  the  mortar  has  changed 
by  slaking) ;  and  pressing  through  all  the  layers 
of  colour,  after  an  interval  returns  to  the 
surface;  here  it  attracts  to  itself  carbonic  acid 
from  the  air,  changes  again  into  carbotiic  acid 
lime,  and  is  deposited  over  the  colours  in  the 
form  of  a  thin  crystal  skin,  which  is  hard  to 
dissolve,  and  strengthens  and  protects  them  in 
such  a  way  that  washing  (without  friction) 
causes  no  injury. 

The  thickness  of  the  mortar  has  yet  another 
advantage.  The  modern  fresco-painter,  who 
works  on  a  much  thinner  layer  of  mortar,  is 
obliged  every  morning  to  have  only  just  so 
much  fresh  mortar  laid  on  as  he  expects  to 
cover  in  the  day :  when  he  breaks  off  his  work, 
he  cuts  away  all  that  he  has  not  painted  on,  and 
next  morning  the  mason  must  bring  his  new 
mortar  up  to  this  mark.  This  system  involves 
ail  sorts  of  inconveniences :  the  artist  cannot 
work  so  freely  as  on  a  large  space ;  the  seams 
remain  visible,  and  the  new  stucco  has  never 
the  same  surface  as  the  old.  The  ancient 
method  avoided  these  difficulties,  since  the  thick 
mortar  lasted  damp  much  longen^N^The  re- 
seorches  into  the  wall-paintings  or  Pompeii, 
where  fresco  is  certainly  used,  show  that  the 
walls  thera  ara  not  made  with  so  much  cara  as 
Vitruvitis  prescribes ;  but  they^^are  neverthriess 
generally  thicker  and  more  carefully  constructed 
than  the  modem  examples. 

On  this  surface  the  painting  was  laid  with 
a  brush  and  water-coloun.  Certain  colours, 
however,  do  not  suit  the  fresco  method ;  in  such 
cases,  a  binding  medium  was  necessary  which 
was  otherwise  not  employed  in  fVesco,  such  as 
milk  or  gum :  thus,  for  putpurissvm  it  is 
expressly  stated  that  the  ground  must  be 
painted  alfresco  with  red  sandy x  or  blue,  and 
the  purpurissum  is  laid  on  this  with  egg  as  a 
binding,  a  tempera.  Another  special  process 
for  cinnabar,  which  readily  sets  up  chemical 
action  and  changes  colour  in  sunlight,  was  the 
jvaSffif,  which  will  be  described  under  Encaustic. 
In  Pompeii  the  cinnabar  does  not  seem  to  have 
undergone  this  treatment,  and  consequently 
changes  colour  rapidly  in  the  sunlight.  A 
peculiar  process,  which  has  iK»t  been  rightly 
undentood,  is  attributed  by  Pliny  to  Panaenus : 
in  the  decoration  of  the  temple  of  Athene  at 
Elis  he  is  said  to  have  mixed  the  stucco  ground 
with  milk  and  saffron ;  but  whether  the  safiron 
had  also  binding  properties  does  not  appear. 

4.  Eaa^  Pictures. —  The  generality  of  easel 
pictures  Excluding  of  course  those  painted  in  the 
encaustic  method)  were  probably  executed  on  a 


392 


PICTUKA 


PIOTUBA 


dxy  ground  a  tempera  in  water-colours.  The 
materials  for  this  ground  were  varioas:  the 
most  usual  was  a  thin  slab  of  wood  (vlya^f 
•KtvdKtoVf  sometimes  o-o^fs,  tabuloy  tabella)j 
usually  of  box  or  cedar,  also  of  cypress,  pine,  or 
larch ;  this  was  carefully  dried,  and,  as  a  rule, 
constructed  in  several  pieces,  so  as  to  guard 
against  warping;  finally  it  was  primed  with 
whitening  (Af  Acvkm/x^i^os). 

Canvas  such  as  we  now  employ  was  pro- 
bably rare ;  but  that  the  ancient^  both  knew  of 
and  used  it,  we  see  from  the  mention  in  Pliny, 
xxxY.  §  51,  of  a  colossal  portrait  which  Nero 
ordered  to  be  painted  of  himself  on  *Minen" 
(pingi  in  linteo).  Blumner  suggests  that  this  was 
either  a  unique  instance,  where  the  unwonted 
size  of  the  portrait  rendered  some  such  material 
necessary,  or  that  the  portrait  may  have  been 
executed  in  embroidery,  to  which  the  term 
pingi  would  equally  apply.  We  have  however, 
among  the  mummy  portraits  from  the  Fayoum, 
which  were  executed  under  Greek  influence  and 
date  from  the  second  and  third  centuries  ^.D., 
undoubted  instances  of  paintings  executed  on 
canvas  :  in  these  cases  the  canvas  appears  to  be 
primed  with  whitening  of  a  similar  character  to 
that  which  was  used  in  preparing  the  wood. 
The  canvas  in  one  case  has  been  stretched  upon 
a  wooden  panel ;  in  another  case  it  is  formed  of 
several  sheets  stuck  one  over  the  other :  these 
instances  are  both  painted  in  tempera ;  but  the 
material  seems  also  to  have  been  in  requisition 
for  encaustic. 

Lastly,  we  have  stone  and  marble:  the 
colouring  of  architectural  mouldings  and  reliefs 
may  have  suggested  the  substitution  of  these 
members  in  colour  alone :  at  anv  rate  we  have 
instances  as  early  as  the  first  half  of  the  sixth 
centurv  B.C.,  in  which  the  decoration  of  a 
funeral  stele  is  indicated  in  colour  alone,  and 
consists  of  a  portrait  of  the  deceased  or  other 
scenes  which  would  otherwise  have  been 
chiselled.  That  this  work  was  not  always 
delegated  to  mere  handicraftsmen  we  see  from 
a  statement  of  Pausanias  (vii.  22,  6),  who  says 
that  the  painter  Nicias  executed  the  picture  on 
a  stele  which  in  his  time  was  to  be  found  at 
Triteia  in  Achaia.  The  Florence  sarcophagus 
from  Cometo  {H^lenic  Journal^  iv.  p.  354, 
pll.  36-38)  is  an  instance  in  which  painted 
scenes  are  introduced  in  lieu  of  sculpture ;  on 
the  sides  are  contests  of  Greeks  and  Amazons 
painted  with  great  beauty  in  tempera  directly 
upon  the  unsmoothed  surface  of  the  marble,  but 
with  only  a  plain  tinted  background.  Pictures 
on  marble  or  stone  were  used  in  the  decoration  of 
rooms,  where  they  were  either  hung  or  inserted 
in  the  walls :  and  to  this  practice  we  owe  some 
of  the  finest  examples  which  have  come  down  to 
us  from  Herculaneum. 

The  colours  of  the  ancients  were  kept  in  a  dry 
and  firm  condition,  and  when  required  for  use 
would  be  pounded  {^dpfULxa  rpifiuv^  coiores 
terere)  in  a  stone  mortar  by  the  assistants,  in 
preparation  for  the  mixing  (xpuftara  KtpdffaaBaty 
irufifA(^€ur$atf  coiores  miscere),  done  by  the 
roaster  himself  according  to  the  tints  he  re- 
quired.   [(Dolores.] 

A  binding  material  was  necessary  for  fixing 
the  colours*  for  this  purpose  they  employed 
gum  (Pliny,  xiii.  §  67,  **  Gummis  6t  e  sarcocolla 
•  •  .  utilibsima  pictoribus "),   glue  (i6.    xxviii. 


§  236,  "Rhodiacum  glutinum  fidelisslmun '*), 
and  egg,  which  was  also  used  in  fi'esco  for  the 
same  purpose. 

Undoubtedly  the  ancient  paintings  in  water- 
colour  lacked  durability,  so  that  we  meet  with 
frequent  complaints  in  literature  of  their  fiding 
and  destruction :  varnish  as  a  protection  of  the 
surface  was  unknown,  so  was  also  the  usr  of 
glass.  Pliny  tells  us  that  Apeiles  used  to  hj  a 
very  fine  coating  of  ^  atramentum "  over  bis 
pictures  after  their  completion :  this  lon^d 
down  the  over-bright  colours,  and  lent  refbxion 
to  the  outward  appearance  of  the  picture,  btsidcs 
protecting  it  against  diist.  What  exact  1;  this 
atramentum  was,  is  uncertain,  as  it  (annot 
imply  here  the  ordinary  sense  of  the  word, 
*'  lampblack  "  :  Pliny  says  that  it  was  a  secret 
of  Apeiles,  which  no  one  after  him  was  tble  to 
discover.  Possibly  he  is  merely  repeating 
studio  gossip,  as  he  certainly  is  when  he  lelates 
of  Protogenes,  that  this  aHist  paint«d  his 
celebrated  picture  of  lalysos  four  timet  ovcr,"io 
order  that  if  by  age  or  by  any  other  injury  one 
of  the  upper  strata  of  colouring  were  lost,  the 
under  stratum  would  replace  it ! "  Tht  odIt 
method  of  protection  for  pictures  wkich  i» 
known  to  have  existed  waa  the  practice  of  con- 
structing folding  doors,  which  fitted  ever  the 
picture  like  the  triptychs  of  early  Itafiao  art ; 
on  Pompeian  paintings  the  open  doors  of  such 
pictures  are  frequently  represented  in  per- 
spective. 

5.  Encaustic, -^U  the  brilliant  effects  and 
deeper  tones  of  our  modem  oil-paintings  were  be- 
yond the  sphere  of  the  ancient  artist  in  tempera 
and  fresco,  these  qualities  were  more  nearly  ac- 
cessible to  the  encaustic  painter ;  but  unfortu- 
nately it  happens  that  this  branch  of  ancient  art 
is  precisely  the  method  of  which  we  know  least. 
When  Donner  wrote  his  great  work  on  the  wall- 
paintings  of  Campania,  he  was  unable  to  point 
to  a  single  specimen  of  ancient  painting  which 
could  be  definitely  attributed  to  encaustic; 
while,  on  the  other  hand,  the  statements  of 
ancient  authors,  which  show  us  how  extensive 
and  developed  the  practice  waa,  leave  us  io 
doubt  as  to  important  details.  It  is  only  within 
the  last  two  years  that  a  considerable  series  of 
encaustic  mummy-portraits  of  the  Roman  period 
have  been  found  in  Egypt,  which  have  enabled 
us  to  examine  these  statements  with  some  hope 
of  solution. 

The  principal  sources  of  our  literary  authori- 
ties on  this  subject  are  two  passages  in  PliDT? 
H.  N.  XXXV.  In  the  first  of  these  (§  122)  he 
says,  **  It  has  not  been  ascertained  who  first 
devised  the  art  of  painting  in  wax-colours  and 
of  burning  in  the  painting"  (ao  picturam 
inurere),  Donner  takes  this  as  implying  two 
distinct  operations,  •>.  first  the  painting  with 
variously  coloured  wax ;  and  when  this  is  done, 
the  buming-in  of  that  which  has  been  painted, 
from  which  latter  process  originated  the  iMm« 
of  encaustic,  i.e.  bumed-in  painting.  If  this  is 
so,  then  heat  was  not  employed  in  the  artual 
painting,  and  the  wax  must  have  been  rendered 
ductile  by  the  admixture  of  some  solvent 

The  second  passage  is  in  §  149,  and  runs  ss 
fd^ows :  *'■  Encausto  pingendi  duo  fuere  anti- 
quitus  genera,  cera,  et  in  ebore,  cestro  id  tti 
vericulo,  donee  classes  {nngi  coepere.  Hoc 
tertinm  accessit  resolutis  igni  oeris  penicillo 


PICTURA 


PICTUKA 


393 


Qtcodi,  quae  pictnra  luiTibus  nee  sole  nee  tale 
Tentisqoe  comunpitur."  This  Donner,  in  keeping 
with  his  theory,  translates,  "There  have  been, 
time  oot  of  mind,  two  kinds  of  encaustic  painting : 
with  wax — also  on  ivory — by  means  of  the 
ctiintm,  i.e.  until  men  began  to  paint  also  the 
ships  of  war ;  then  was  adopted  the  third  kind, 
that  of  causing  the  wax  colours  to  melt  over  the 
Hn.  so  as  to  lay  them  on  with  the  brush/*  By 
this  he  understands  that  in  the  first  two  pro- 
cesses— ^ria.  (l)  on  wood  (the  ordinary  material, 
iad  therefore  not  here  specified),  and  (ii.)  on 
irorj^^uctile  wax  and  the  oestrum  alone  are 
rmplojed,  no  heat  being  required ;  also  that  in 
taese  the  brash  was  not  used,  because  he  thinks 
tiiat  Pliny  lays  special  stress  on  the  fact  that  it 
was  only'in  the  third  process  that  liquid  wax 
colour  melted  over  the  fire  was  employed  and 
Uiii  va  with  the  brush. 

The  waxpaste,  he  thinks,  is  laid  on  with  the 
outnan.  Tliifl  word  has  usually  been  described 
as  a  cutting  or  graving  instrument  (from  caedo^ 
*'to  cut"  or  " engrave ").  Donner,  however, 
ukes  it  as  the  Latinized  form  of  Kicrpov  or 
nrrposy  the  Oreek  term  for  the  betony  plant, 
Darned  by  the  Latins  terrattUa,  i.e.  "finely 
deDtated,  because  it  has  a  lancet-shaped,  den- 
tated  leaf  with  a  long  stalk.  The  alternative 
word  in  Pliny,  ver(ryiculumj  which  had  been 
interpreted  as  '^  a  small  spit "  (veruculum),  he 
derives  from  verro^  "to  furrow"  or  "scrape." 
The  cutrwn  ia  therefore,  according  to  him,  "a 
lancet-shaped  spatula,  with  a  finely  dentated 
edge  and  rather  long  handle,  the  point  some- 
what conred.  The  toothing  of  this  instrument 
eaahlcs  any  agglomeration  of  the  wax  pastes  to 
be  equaliaed  and  smoothed  by  furrowing  or 
•craping." 

Plioy  and  Yitruvius  (vii.  9)  both  describe  a 
process  which  Donner  thinks  has  some  bearing 
on  the  present  question,  viz.  the  so-called  icav^if, 
by  which  the  vermilion  fresco  paint  on  walls  was 
piDtectcd  from  damage  by  sun  or  air.  The 
painting  was  spread  with  a  mixture  of  olive-oil 
&ud  **  Punic  wax  "  melted,  and,  this  done,  the 
burning  (irauait)  took  place :  a  caift^riton,  filled 
with  hot  wood-ashes,  or  a  heated  metal  rod 
Oo^StorX  was  passed  over  the  surface  to  level  it 
{itt  peraequetur}. 

Here,  Donner  thinks,  we  have  the  key  to  the 
bonung-in :  it  is  merely  required  for  the  pur- 
pose of  levelling  down  the  surface  of  the  wax, 
which,  whether  laid  on  with  brush  or  ces^non, 
would  present  an  uneven  appearance ;  in  his 
ctttrvm  painting,  moreover,  it  would  soften  the 
tones  into  one  another.  What "  Piinic  wax  "  was, 
I'aoy  tells  us  (xxi.  §  84) :  it  was  obtained  by 
boiling  the  natural  yellow  beeswax  three  times 
in  sea-water  with  an  addition  of  a  little  m^rum, 
•  r.  natural  mineral  soda,  and  then  skimming  it. 
The  addition  of  the  olive-oil  prevents  the  wax 
from  too  rapidly  congealing.  But  here  comes  the 
•lifficolty :  too  much  oil  would  prevent  the  wax 
from  drying,  while  a  little  would  not  render  the 
vaz  sufficiently  ductile.  If  Donner's  theory  is 
t<>  hold  good,  there  must  have  been  something 
farther  added  in  order  to  make  the  wax  in  a 
cold  state  sofl  enough  to  lay  on  in  the  form  of 
l«st^,  while  possessing  at  the  same  time  tl^e 
Huality  of  hardening  in  a  given  time.  This 
^('latile  matter  he  assumes  to  have  been  balm  of 
<-'kj«s,  the  liquid  resin  of  the  Pistacia  UrebMhuSf 


well    known   to    the    ancients.     But  for  this 
assumption  he  can  adduce  no  proof  whatever. 

It  will  be  seen  that  Donner's  somewhat  far- 
fetched and  elaborate  explanations  arise  out  of  his 
supposition  that  Pliny's  statement  in  xxxv.  §  149 
precludes  the  use  of  the  brush  and  of  heat  in  the- 
first  two  processes  there  described  :  he  there- 
fore is  forced  to  imagine  a  kind  of  painting  in 
which  a  pasty  compound  is  laid  on  with  a  sort 
of  spatula,  a  clumsy  method  at  best.  Now,  it 
so  happens  that  the  evidence  of  the  mummy* 
portraits  goes  entirely  against  his  theory ;  for 
in  these  pictures  it  is  absolutely  certain  that 
the  brush  was  used,  and  that  the  wax  was  laid 
on  in  a  melted  condition. 

The  difficulty  is  surmounted  if  we  interpret 
the  passage  in  rliny  somewhat  differently.  The 
key  to  its  solution  seems  to  lie  in  another  state- 
ment of  the  same  author.  In  xxxv.  §  147,  or 
only  a  few  lines  previously,  he  has  been  discuss- 
ing the  works  of  the  lady  painter  Jala  (or  Lain): 
"  Et  penicillo  pinxit  et  cestro  in  ebore  imagines 
mulierum  maxume  et  Keapoli  anum  in  grandr 
tabula,  suam  quoque  imaginem  ad  speculum."* 
Here  there  is  no  question  but  that  the  words 
cestro  in  d)ore  are  to  be  taken  together  aa 
opposed  to  penicillo:  her  two  methods  of  por- 
trait-painting are  (i.)  with  the  brush,  i.e.  pro- 
bably in  tempera,  as  Pliny  elsewhere  uses 
pemcUlum  in  this  application ;  and  (ii.)  with  the 
cestrum  on  ivory.  It  seems  obvious  that  the 
usage  of  cestro  in  ebore  in  §  147  is  the  same  as 
that  of  iM  ebore  cestro  in  §  149,  and  that  Welcker 
was  so  far  right  in  supposing  that  these  words 
ha  both  cases  must  be  taken  together.  We  thus, 
in  the  two  passages,  have  three  methods  of 
painting  mentioned,  viz.  (i.)  cera,  i.e.  encaustic 
painting  proper;  (ii.)  cestro  in  ebore,  encaustic 
painting  on  ivory;  (iii.)  penicillo  or  tempera. 
Kone  of  these  terms  as  used  by  Pliny  can  pos- 
sibly be  taken  as  exclusive :  the  classification 
is  merely  popular,  according  to  the  prominent 
feature  of  each  method;  thus,  though  (i.)  is 
called  "  wax,"  it  does  not  necessarily  imply  that 
wax  was  not  used  in  Qi.},  just  as  the  ctttrum 
may  be  used  in  both  (i.)  and  (ii.),  and  so 
penicillum  may  equally  be  used  in  (i.)  and  (iii.)^ 

The  following  account  of  the  process  adopted 
for  the  Egyptian  portraits  is  given  by  Mr.  Petrie 
(JETatcara,  &c.,  p.  18)  as  the  result  of  close  ex- 
amination of  over  sixty  originals,  and  consul- 
tation with  various  experts  and  artists : — "  The 
colours  in  powder  were  ground  in  thoroughly 
with  the  wax  (which  may  have  been  bleached 
by  heating  it  to  boiling-point,  as  I  have  found), 
and  they  were  then  placed  out  in  the  sunshine 
when  required,  so  as  to  fuse  them,  or  a  hot- 
water  bath  may  have  been  used  in  cooler 
weather.       The   wooden    panel   was    of   cedar 


*  TUs  explanation  renders  nnneoessary  the  assump- 
tkm  of  Klein  ^MiWuiL  aui  Out.  1887,  p.  319)  that 
Pliny,  in  xxxv.  ^  149,  did  not  understand  his  own  state- 
ment. Klein  considers  **  with  wax  and  also  on  Ivory" 
aa  implying  only  one  method,  and  that  the  slmplifled 
mode  of  p»<nti^g  it  nothing  more  than  the  abandoning 
of  the  oesfniwi  and  therewith  of  the  tarda  piehiroA 
ratio  (Pliny,  xxxv.  ^  124).  He  Ukes  the  passage  about 
Jala  a4  meaning,  *■  Jala  painted  both  In  tempera  {ptni- 
eiXU)  and  also  In  encaustic  {cutro)\  In  encaustic,  she 
painted  both  In  ivory,  smaller  pictures,  and  also  larger  " 
(•n  grwndi  foMa,  l.e.  on  wood). 


394 


PICTUBA 


PICTUBA 


usually,  eometimM  of  «  pia«  wood,  and  about 
i{f  inch  thick,  or  occasionallj  as  much  as  }  inch  ; 
it  was  about  9  X 17  inches  in  size.  On  this  was 
laid  a  priming  of  distemper ;  then  a  grounding 
varied  in  tint,  lead  colour  for  the  background 
and  draperies,  and  flesh  colour  for  the  face ;  and 
then  the  surface  colour  was  worked  on,  some- 
times in  a  pasty  state,  more  usually  creamy  and 
free'flowing.  These  details  are  shown  by  an 
unfinished  attempt  on  a  panel,  which  was  after- 
wards .  turned  and  recused ;  now  at  South 
Kensington.  The  broad  surfaces  of  flesh  were 
often  laid  on  in  thick  creamy  colour  with  zig* 
zag  strokes  of  the  brush,  about  ^  inch  apart,  just 
joining  up  and  uniting  in  an  almost  smooth 
surface :  the  draperies  were  usually  laid  on 
freely  in  very  flowing  colour,  with  long  strokes 
of  a  full  brush ;  in  one  case  we  see  where  the 
fqll  drop  of  purple  wax  at  the  first  touch  of  the 
brush  thinned  out  as  it  went  down,  until  at  the 
e9d  of  the  long  stroke  the  brush  was  pressed 
flat  out,  and  erery  hair  has  left  its  streak  of 
wax  on  the  panel.  In  Egypt  one  sees  white  bees- 
wax not  only  softened,  but  fused  on  its  surface  by 
the  ordinary  sun  of  April  and  May  :  it  is  there- 
fore evident  that  the  wax  used  in  painting 
might  be  worked  in  a  flowing  state  without  any 
artificial  means  during  nearly  half  the  year,  by 
the  mere  heat  of  the  sun.  It  is  needless  to 
suppose  a  solvent  of  the  wax  to  have  been  used, 
such  as  turpentine  or  oils  :  and  the  perfect 
freedom  from  yellowing  in  the  well-preserved 
pictures,  or  indeed  of  any  change  in  the  tints 
beyond  superficial  decomposition,  makes  it  ap- 
parently impossible  for  any  changeable  organic 
materiu  to  have  been  added  to  the  wax." 

It  will  be  observed,  then,  that  in  these 
Egyptian  examples  both  the  brush  and  a  stump, 
possibly  the  cestrum,  are  used :  the  wax  is  laid 
on  in  a  fluid  condition ;  and  apparently  no 
solvent  or  drying  compound  is  added.  This 
method,  as  Mr.  Petrie  points  out,  would  answer 
in .  the  hot  sun  of  Egypt ;  but  for  the  cooler 
climate  of  Italy  and  Greece  artificial  substitutes 
for  the  sun's  heat  would  have  to  be  adopted. 
In  these  climates  it  was  necessary,  as  Varro 
{iii.  17,  4)  says,  for  the  encaustes  to  have  large 
boxes  divided  intp  compartments  (hculataa 
magnoi  arculas)  in  which  the  different  coloured 
waxes  were  kept,  doubtless  in  a  fluid  condition, 
as  Varro's  simile  of  the  fish-ponds  (ibid,)  shows. 
No  wonder  that  under  such  difficulties  encaustic 
painting  was  looked  upon  as  a  tedious  process 
(tarda  roftb),  that  only  small  pictures  were 
attempted  in  it,  and  that  the  portrait  of  a  boy 
by  Pausias  was  esteemed  as  a  wonderful  feat  and 
was  known  as  '*  Hemeresios,**  from  the  reason 
that  it  was  painted  in  a  sinele  day. 

The  fact  is,  that  thjs  technique  probably  ori- 
ginated in  Egjpt,  a  climate  where  it  presented 
little  difficulty ;  and  here  throughout  antiquity 
it  was  principally  practised.  The  Egyptians 
made  use  of  preparations  of  wax  at  least  as  early 
as  the  Eighteenth  Dynasty  for  preserving  paint- 
ings ;  and  so  we  find  that  the  names  of  most  of 
the  encaustic  painters  of  antiquity  may  be 
traced  to  Alexandria  or  an  Egyptian  origin. 
We  find  a  mention  of  the  process  in  Greece 
proper  in  the  ode,  of  doubtful  date,  falsely 
attributed  to  Anacreon :  **  Paint  me  my  mistress 
with  her  soft  black  tresses,  and,  if  the  vox  can 
do  it,  paint  them  breathing  of  myrrh."    Other- 


wise it  does  not  seem  to  have  been  mentioned  in 
literature  until  the  conquests  of  Alexander  had 
opened  a  closer  communication  between  Fast 
and  West.  The  practice  continued  in  use  late 
into  mediaeval  times:  in  Ensebius  it  is  called 
mip^xvTOf  yptap4ii  but  from  the  ninth  century 
downwards  its  usage  seems  to  have  declined. 

To  return  to  the  preparation  of  the  wax :  we 
saw  that  Pliny,  describing  the  application  of 
encaustic  to  walls,  spoke  of  "  Punic  wax  melted 
on  the  fire  and  mixed  with  a  little  oil.**  Whst 
was  this  oil  ?  Pollux  (Onom.  vii.  128)  describes 
the  implements  of  the  painter  as  consisting  ot 
wax,  colours,  ^dpfuucot  and  pigments :  this  word 
^dpftoKoif  is  described  by  Suidas,  «.  v.,  as  Srcf 
M^Soi  pAip9aif  KoXovo'i,  "EWiiPts  M  MifUUi 
IXaisr :  and  it  may  be  that  in  Greece  and  Italy 
it  was  usual  to  add  some  such  material  u 
naphtha  to  the  compound,  so  as  to  enable  the 
colours  and  wax  to  combine  more  readily. 

As  to  the  oolourt  ttaed,  Mr-  Petrie  found  in 
one  grave  at  Ha  wan  a  set  of  six  paint  saaoen, 
which  seemed  to  have  been  the  xp^iF'^t^'  ^  ^ 
artist,  and  are  now  in  the  British  Museum: 
although  these  are  water  colours,  it  b  prohsbk 
that  they  would  be  similar  to  the  pigments 
used  by  the  encaustic  painter  (ffawaroj  p>  H)- 
According  to  Dr.  Russell's  examination,  they 
consist  of  (1)  a  dark  red,  oxide  of  iron  with  i 
little  sand ;  a  good  burnt  sienna :  (2)  ftiloVf 
ochrs,  oxide  of  iron,  with  hardly  any  alu- 
mina ;  becomes  dark-reddish  brown  on  heating : 

(3)  tDhHOf  sulphate  of  lime,  amorphous  powder: 

(4)  pinkj  organic  colour  in  a  medium  of  sulphste 
of  lime;  probably  madder,  and  can  be  exactly 
matched  by  that:  (5)  blve,  glass  coloured  by 
copper:  (6)  red,  minium,  oxide  of  lead,  with 
apparently  some  alumina. 

In  some  of  the  Egyptian  pictures  Donner  notes 
that  a  process  is  adopted  which  is  a  mixture  of 
the  pure  wax-encaustic  and  egg-distemper:  here 
he  thinks  the  wax  has  been  mixed  with  the  yoik 
and  a  little  white  of  egg,  also  a  drop  oi  ofire- 
oil ;  and  this  enables  the  artist  to  add  finishing 
strokes  to  the  encaustic  by  means  of  the  ordinsry 
egg-distemper. 

As  regards  the  enocnttiic  painting  on  ioory^ 
our  knowledge  is  very  limited:  it  msy  be 
assumed  that  such  pictures  were  small,  sod 
possibly,  as  has  been  suggested,  in  the  nature  of 
our  mmiature  painting.  The  instance  already 
quoted  of  the  lady  painter  Jata  is  the  only 
mention  of  this  technique  in  antiquity.  There 
again  the  use  of  ivory  seems  to  point  to  Africs, 
imd  the  only  specimen  of  work  which  it  has  ss 
yet  been  proposed  to  identify  with  this  teohniqne 
is  an  ivory  box  from  Egypt  now  in  the  British 
Museum.  On  the  panels  of  this  box  are  designs 
which  are  formed  by  engraving  or  hollowing 
out  certain  portions  and  filling  in  the^e  spsces 
with  a  wax  paste  in  various  tones  of  coloar. 
The  specimen  is  rough  in  execution,  but  it  shov^ 
that  the  process,  if  well  treated,  could  be  nsde 
very  attractive.  Donner  thinks  that  this  esnoot 
be  called  encaustic,  but  that  the  second  en- 
caustic process  attributed  by  Pliny  to  Jaia  must 
have  been  something  of  which  at  present  we 
have  no  representation. 

The  use  of  encaustic  for  the  paintmg  of  sAi/m 
was  referred  to  in  the  statement  quoted  shore 
from  Pliny.  In  spite  of  the  late  date  thst  he 
assigns  to  its  use,  there  u  no  doubt  that  the 


PICTUBA 

coloariag  of  ihips  m  alluded  to  in  Homer'a 
frequent  epithet  of  sbipf  as  fAA\rowdfiffoi  i  a  frag- 
ment of  Hipponax  (Bergk,  Poet,  Lyr.  Or,  p.  519) 
alladea  to  a  eerpent  painted  along  the  whole 
Uogth  of  a  trireme;  and  in 'a  fragment  of  the 
Mjrmidons  of  Aeschylus  (130  Dind.),  according 
to  one  interpretation  of  a  corirupt  passage,  the 
poet  describes  how  in  the  burning  of  a  vessel 
the  sign,  a  Hippalektryon  painted  with  mnch 
troable  in  wax  colours,  drops  off.  The  wood  was 
probably  first  treated  with  pitch  and  tar,  and 
then  had  the  wax  colours  laid  on.  Pliny  states 
that  Protogenes  was  a  painter  of  ships  until  his 
fiftieth  year ;  whence  it  is  argued  that  this  was 
oot  a  mechanical  process :  but  see  p.  415. 

6.  Enoamtk  of  Statues, — After  the  marble 
statue  left  the  sculptor's  hands,  it  was  usually 
handed  oyer  to  an  assistant  or  another  artist  to 
oodergo  the  processes  of  waxing  and  colouring. 
In  the  description  of  the  process  for  protecting 
wall-painting  by  VitruTius  (vii.  9,  8)  already 
quotedy  the  remark  is  added  that  **  it  is  the  same 
process  as  is  adopted  for  the   presenration  of 
nude  marble  statues  (uti  a^na  marmorea  nuda 
cwwUmt),  and  which  in  Greek =7^y«<r<f.'*    As 
to  this  ymtffUj  PluUrch  {Quaest,  Horn,  ch.  98, 
p^  297  B)  remarks  that  the  first  duties  of  the 
Homan  Censors  were  to  provide  for  the  feeding 
of  the  sacred  geese  and  the  y4M9nra  of  the  statue 
in  the  temple  of  Capitoline  Jupiter :  ^  for  the 
rennilion  with  which  statues  were  anciently 
coloured  quickly  fades."     BlGroner  thinks  that 
the  process  of  waxing  is  therefore  separate  from 
that  of  colouring,  ami  intended  to  preserve  it ; 
or  in  cases  where  no  colour  is  used,  to  soften 
the  tone  of  the  marble :  the  word  nuda  imply- 
ing that  only  the  flesh  of  statues,  and  not  the 
dnpcry,  was  so  treated.    He  thinks  that  the 
colouring  of  the  flesh  was  a  habit  only  found  on 
the  older  statues,  or,  if  on  the  later  statues  at 
all,  only  in  isolated  cases :    while  Von  Rohden 
(in  Banmeister's   Denhndier,    p.   1345)  denies 
altogether  the  colouring  of  the  flesh.    With 
nrgard  to  the  mere  toning  of  the  marble  bv 
means  of  wax,  it  is  pointed  out  that  the  **  Punic*' 
wax  ordinarily  us«d,  as  Vitnivius  (vii.  9,  3) 
says,  for  the  y4ifmau  of  statues,  had  undergone 
a  special  bleaching  process ;   such  wax  would 
therefore  not  perceptibly  affect   the   gleaming 
whiteneM  of  marble.    Treu,  who  has  made  a 
special  study  of  the  subject,  considers  that  the 
toning  of  the  marble  by  wax  alone  is  out  of  the 
question;  that  the  alternative  lies  between  a 
dazzling  whiteness,  or,  as  is  more  probable,  a 
transparent  or  opaque  tone  of  colour  for  the 
flesh :  these  tones  may  be  sometimes  found  side 
by  aide,  or  even  one  over  the  other,  on  the  same 
statue.     We  shall  have  to  consider  this  question 
farther  under  the  head  of 

7.  Pdychromy  of  Sculpture,  —  The  question, 
formerly  mnch  discussed,  as  to  whether  the 
Greeks  coloured  their  statuary,  is  no  longer  open 
to  doubt :  it  is  generally  admitted  that  a  statue 
in  flawleas  white  marble  could  never  have 
suited  Greek  ideas,  and  that  the  chill  and  staring 
effect  of  modem  sculpture  is  mainly  due  to  the 
fict  that  the  ancient  originab  which  inspired 
the  art  of  the  Renaissance  had,  at  the  time  of 
their  diacovcry,  retained  no  evidence  of  their 
fonner  colouring.  But  while  the  Greeks  cer- 
tainly employed  colour,  this  was  only  done 
within  the  strictest  limits  of  artistic  require- 


PICTURA 


395 


ment,  and  never  with  the  idea  of  aping  nature 
o^r  a  wax  figure.  The  surface  of  marble,  as  they 
treuted  it,  presented  a  warm  transparency  of 
effect  which  recalled,  without  imitation,  the 
himian  skin,  a  slight  toning  indicating  the 
difference  between  the  various  surfaces  of  the 
body.  It  is  evident  that  the  prudent  application 
of  these  laws  demanded  an  artistic  sense  and 
experience  of  high  order.  Hence  we  can  under- 
stand the  point  of  the  remark  attributed  to 
Praxiteles,  who,  when  he  was  asked  which  of 
his  statues  he  most  admired,  answered,  **  Those 
to  which  Nicias  (the  great  painter)  had  lent  his 
hand  "  {^  quibus  Nicias  manum  admovisset ") ; 
so  highly,  says  Pliny  (xxxv.  §  133),  did  Praxi- 
teles esteem  the  circwniitio  of  that  painter. 
We  know  from  other  passages  that  this  word 
circuTnlitio  implied,  not  a  process  like  ydvttffis, 
the  mechanical  treatment  of  the  entire  surface 
alike,  but  the  decoration  of  details  such  as  the 
borders  of  dress,  &c  (Quintil.  i.  11,  6).  Plato 
(de  Rejpvbl,  iv.  p.  420  C)  speaks  of  ol  Mptdyras 
ypd/povrts,  '*the  statue  painters,". as  a  well- 
known  profession:  the  word  iui9pUts  no  doubt 
implied  originally  any  kind  of  portrait,  but  in 
the  time  of  Plato  it  could  only  have  meant  a 
statue ;  and  the  scope  of  the  art  is  yreW  defined 
in  the  remarks  which  follow  :  he  say^  that  it  is 
not  by  applying  a  rich  or  beautiful  colour  to 
any  particular  part,  but  by  giving  its  local 
colour  to  each  part  that  the  whole  is  made 
beautiful  (oAA*  &9pci  c2  t^  irpoo^JcoKra  iKdffrots 
awo9tS6irr€Sf  rh  Z\oy  Ka\hv  vofoD/icy).  The 
colouring  was  in  fact  applied  only  to  certain 
parts,  such  as  the  lips,  eyes,  hair,  and  decoration 
of  the  dress,  while  the  remaining  surface  of  the 
flesh  was  treated  with  a  toning  of  wax;  and 
this  is  borne  out  by  the  dialogue  in  Lucian 
(Jmag.  5-8),  where  it  is  clearly,  though  indi- 
rectly stated,  that  the  Cnidian  Aphrodite  of 
Praxiteles,  and  other  celebrated  statues,  were 
not  coloured,  although  they  were  ornamented  in 
parts  and  covered  with  an  encaustic  varnish. 
In  Awthol.  Pal.  viL  730,  Tpcnrr^s  r{ntos  evidently 
refers  to  a  painted  relief;  and  there  are  frequent 
passages  in  ancient  literature  in  which  certain 
parts  of  a  statue  are  mentioned  as  coloured. 

The  distinct  process  of  toning,  yifeMTiSy  is 
alluded  to  in  Plutarch  {de  Oloria  Ath,  6)  as 
ikyoKfidrup  fyKawrts:  where  it  is  expressly 
distinguished  from  the  colouring,  a^oA/idrcvv 
iyKowrrai  «eal  XP*'^^*'^^^  "^  /Bo^Tir,  %,e.  **  the 
waxers,  gilders,  and  painters  of  statues."  That 
a  sculptor  sometimes  did  the  waxing  himself  we 
see  from  the  inscription  of  an  artist  Aphrodisios 
(in  Loewy,  IneGhr.  Or,  Bildh,  No.  551),  who 
signs  his  name  as  itya\funowoihs  iytuatrr^s* 

Turning  now  to  the  monuments,  we  see  that 
the  earlieft  traditions  of  the  Greeks,  strongly 
influenced  as  they  were  by  the  gay  colouring  of 
the  East,  were  naturally  in  favour  of  a  system 
of  polychromy ;  and  further,  that,  the  meanness 
of  the  materials  in  which  the  earliest  sculptures 
were  executed,  such  as  wood,  terra-cotta,  and 
limestone,  rendered  necessarv  a  scheme  of  colour 
which  should  conceal  this  uferiority.  A  third 
important  reason  was  the  close  connexion  that 
existed  between  the  arts  of  the  sculptor  and  the 
architect.  Greek  architecture,  as  .  we  shall 
show,  was  invariably  coloured,  more  or  less; 
and  in  order  to  adapt  a  statue  or  relief  to  the 
temple   or    other   building   for   which  it   was 


396 


PICTUBA 


PICTUBA 


intended,  it  was  necessary  to  bring  it  also  into 
the  general  scheme  of  the  colouring  of  its 
surroundings.  One  result  of  thii  was  an  en- 
tirely  conventional  system  of  colour  for  sculp- 
ture, often  far  removed  from  that  of  nature : 
thus  in  the  early  pedimental  sculptures  in  poros 
stone  recently  discovered  on  the  Acropolis,  the 
beards  of  two  of  the  figures  are  coloured  a 
bright  blue«  and  the  iris  of  their  eyes  green. 
Herein  the  advantages  of  colour  were  manifold : 
thus,  for  figures  intended  to  stand  in  the  back- 
ground, painting  often  took  the  place  of  the 
more  detailed  modelling ;  and  on  reliefs  such  as 
the  frieze  of  the  Parthenon,  details  of  dress, 
weapons,  &c.,  could  be  indicated  in  this  method. 
The  sculptor  was  thus  enabled  to  dispense  with 
trivialities,  and  his  work  gained  proportionately 
in  breadth  of  style.  The  colouring  of  archi- 
tectural marbles  was  necessarily  subject  to  strict 
laws,  dependent  upon  that  of  the  architecture 
of  the  time :  in  these  cases  probably  even  the 
flesh  was  usually  coloured,  and  the  general 
effect  was  very  much  what  we  have  in  the 
terra-cotta  statuettes  of  Tanagra.  In  case  of 
independent  sculpture,  which  had  no  tectonic 
intention,  the  artist  had  freer  scope ;  and  here 
probably,  in  the  best  period  at  any  rate,  most 
sculptors  were  content  with  circvmlitio:  thus 
the  Hermes  of  Praxiteles,  when  it  was  first 
discovered,  showed  only  traces  of  red  and  gold 
on  the  sandals. 

The  scale  of  colours  employed  in  sculpture,  ori- 
ginally restricted,  became  enlarged  in  later  times, 
especially  when  under  the  Ptolemaic  rule  inter- 
course with  the  East  became  more  established ; 
and  in  Roman  times  it  was  no  longer  restrained 
by  the  prudent  reserve  of  the  Greeks.  In 
Etruria,  again,  where  from  the  earliest  period 
sculpture  had  principally  been  executed  in  terra- 
cotta, a  separate  scheme  of  colours  obtained; 
the  more  Oriental  tastes  of  the  Etruscans  lead- 
ing them  to  prefer  lively  primary  colours,  as 
we  see  in  their  wall-paintings  and  in  the  series 
of  sarcophagi  with  reliefs  which  have  come 
down  to  us  &om  them.  While  for  the  ydprnais 
a  wax  process  was  employed,  it  seems  clear  that 
the  colour  was  laid  on  usually  in  tempera ;  and 
this  probably  accounts  for  the  fact  that  so  few 
traces  of  it  have  survived.  The  surfaces  in- 
tended for  this  colour  were  generally  left  un- 
polished; thus  in  the  head  of  Athene  {Ant, 
Denhn.  Taf.  3)  the  white  skin  is  left  unpainted 
and  is  polished  smooth,  while  the  coloured  por- 
tions are  worked  with  the  tool  and  left  rough. 
Gilding  played  an  important  part  in  poly- 
chromy ;  some  have  gone  so  far  as  to  say  that 
in  the  Parthenon,  for  instance,  all  the  colour 
was  laid  on  a  ground  which  had  been  gilt. 
Probably  the  work  of  the  xpv0'a0T^s  (see  above) 
lay  principally  with  bronzes,  but  certain  por- 
tions of  the  marble,  such  as  jewellery,  as  we 
see  also  in  the  Tanagra  statuettes,  were  gilded  : 
the  Eros  of  Thespiae  by  Praxiteles  haid  gilt 
wings ;  and  we  read  frequently  of  the  renewal 
of  faded  gilding  on  cult-statues,  the  cost  of 
which  had  been  borne  as  an  ex  voto  by  some 
pious  devotee.  Polychrome  effects  in  bronzes 
were  produced  principally  by  this  method,  or 
by  inlaying;  and  here  only  to  distinguish  those 
parts  from  one  another  which  demanded  it,  such 
as  the  decoratiqn  of  dress,  the  lips,  and  the 
eyes.    The  stories  in  the  classics  bearing  on  this 


point  are  misleading ;  thus  we  cannot  credit  the 
statement  of  Plutarch  {Qu.  Conv,  v.  1,  2),  who 
says  of  the  statue  of  locasta  that  the  face  was 
rendered  so  as  to  represent  a  dying  person,  by 
the  admixture  of  silver  with  the  bronze :  such 
stories  were  probably  due  to  a  misunderstanding 
of  the  terms  applied  to  plating  or  inlaying.  In 
sculpture  also,  inlaying  was  sometimes  applied 
to  give  polychrome  effect :  the  chryselephantine 
statues  of  gold  and  ivory  had  early  given  the 
idea  of  a  mixture  of  materials,  and  we  find  in 
the  marble  statues  such  details  as  wings  and 
armour  sometimes  added  in  metal.  In  Roman 
times  Idealistic  effects  were  frequently  attained 
by  composition  in  marbles  of  different  colours ; 
so  that,  as  in  a  cameo,  the  helmet  of  a  figure 
might  be  in  one  marble,  the  flesh  in  a  second, 
and  the  drapery  in  a  third :  such  processes  did 
more  credit  to  their  ingenuity  than  to  their  taste. 

8.  Polydiromy  of  Architecture, — ^As  in  the  pre- 
vious subject,  so  here  also  the  main  difficulty 
lies  in  the  lack  of  material:   one   thing  only 
seems  certain,  that  while  no  Greek  temple  was 
left  uncoloured,  the  colouring  was  applied  only 
to  certain  parts  and  under  strict  laws  of  distri- 
bution.    As  in  sculpture  too,  the  usage  differed 
considerably  according  to  period  and  locality: 
in  the  best  period,  when  marble  waa  the  prin- 
cipal material  employed,  very  little  colour  was 
added ;   in  the  early  period,  and  again  in  the 
later  when  stucco  was*  freely  introduced,  colour 
was  necessary  in  order  to  conceal  the  poverty  or 
dissimilarity  of  materials.      Broadly  speaking, 
colour  was  reserved  throughout  for  thoee  mem- 
bers which  projected  from  the  surface,  such  as 
the  cymatium,  triglyphs,  &c.,  and   for    those 
parts  of  the  actual  surface  which  gave  a  back- 
ground for  the  sculptures :  the  background  of  a 
frieze  or  tympanum  of  a  pediment  being  usually 
either  red  or  blue.    In  the  interior,  the  wooden 
roof  was  certainly  coloured;   but  what  these 
colours  were,  we  cannot  now  judge,  except  from 
the  imitations  in  stone  which  have  come  down 
to  us,  principally  in  Athena.    Of  the  colouring 
of  Ionic  architecture  still   less  ii  known  than 
that  of  Doric ;  in  such  few  traces  aa  have  sur- 
vived, it  seems  to  accord  mainly  with  the  princi- 
ples of  Doric    The  colouring  serves  principally 
as  a  background  for  moulding;    and    as  the 
moulding  grows  richer  and  higher  in  relief,  the 
more  compensation  in  colour  is  demanded.    In 
Corinthian  architecture,  with  its  richer  capitals 
due  possibly  to  the  Egyptian  palm  capitals,  the 
colouring  is  still  further  enriched :  a  tendency 
which  In  Roman  architecture  shows  itself  in  the 
use  of  mosaics,  wall-paintings,  and   variously 
coloured  marbles.    The  colours  were  probably 
for  the  most  part  laid  on  in  the  encaustic  pro- 
cess:   in   the  inscription    from  Athens  which 
records  the  building  accounts  of  the  Erechtheioa 
(C.  /.  A.  i.  324  0,1.  42)  occurs  the  entry  of  a 
sum  paid  to  the  encaustic  painters  for  having 
painted  the  cymatium  on  the  epistyliom  of  the 
interior:    iyKovrais'  rh  KVftjirtop   iyxieafTt  r^ 

9.  i/bsaic.— This  subject  is  most  naturally 
included  under  the  head  of  Painting,  for  it  15 
upon  the  major  art  that  it  depends  for  its 
inspiration  as  well  as  its  intention,  which  is  the 
representation  of  decorative  and  pictorial  effects 
in  floors  and  walls  by  the  arrangement  in  them 
of  coloured  stones  and  glass. 


PICTUBA 


PICTUBA 


397 


in  Greek  we  meet  with  no  term  for  this 
branch  of  art  until  quite  a  late  period,  descrip- 
tions of  mosaics  in  Greek  authors  usually  show- 
ing, b^r  the  ronudabout  phrases  employed,  that 
there  was  no  such  term  known.  Jn  Roman 
writers  we  find  the  words  ffifiXii/ia  and  \i$6' 
vrp^roy,  which  they  seem  to  hare  adopted,  with 
the  process,  from  the  Greeks ;  but  it  is  a  ques- 
tion whether  these  were  not  specially  applied  to 
distinct  classes  of  mosaic. 

The  best  known  term  is  <^ms  musimtm  or 
pictura  dt  masino  (also  mujmim  or  miMiilm,  hence 
imcsidrii,  fntistearii,  and  our  **  mosaic ") ;  but 
this  does  not  appear  until  late,  and  its  deriva- 
tion is  unknown. 

Of  the  history  of  mosaic  little  is  known :  the 
Romans  certainly  borrowed  the  idea  from  the 
Greeks,  probably  in   the  time  of  Sulla;   but 
there  is  no  eridence  as  to  whence,  or  when,  the 
Greeks  themselres  adopted  the  process.     It  is 
natural  to  connect  it  with  the  brick  and  tile 
construct  ious  of  Egypt  and  Mesopotamia.     In- 
laying in  various  coloured  glazes  was  of  course 
known  to  the  Egyptians  from  an  early  period, 
as  the  tiles  of  Tell  el  Yahoudiyeh  show  (Birch, 
A%c*  Pottery^  p.  50) :  it  was  equally  familiar 
to  the  Assyrians  and  the  Persians.    The  recent 
researches  into  the  architecture  of  Persepolis 
hare  moreover  shown  that  the  bricks  in  these 
boildings  were  made  in  two  tones  of  colour,  and 
so  dispMed  as  to  form  a  literal  mosaic  pattern. 
In  all  probability,  then,  Greek  mosaic  was  in- 
spired  from   the  East,  after   the   conquests  of 
Alexander.    The  evidence  for    this  date  rests 
upon  the  fact  that  neither  in  literature  nor  the 
monuments  can  we  prove  the  existence  of  any 
mosaic  in  Greece  before  this  time.     The  earliest 
mosaic  as  yet  known  is  that  which  decorates 
the  floor  of  the  pronaos  of  the  temple  of  Zeus 
at  Olympia,  which,  as  has  been  shown  {Arch, 
ZeU.  1879,  p.  153),  cannot  be  earlier  than  the 
first  half  of  the  fourth  century  B.C.,  and  is  pro- 
bably considerably  later.    An  anecdote  of  the 
cynic  Diogenes  mentioned  by  Galen  (i.  p.  19  k) 
refers  to  a  floor  in  which  the  likenesses  of  gods 
were  represented  by  arrangements  of  different 
kinds  of  teneras  (no^or  4k  ^^p  ro\vT*\&y 
.  .  .  B^&¥   ffhu^Mst   ix^^   4^   avT&y   Starerviriv- 
jUfos);   but  probably  this,   in    common   with 
most  of  the  anecdotes  of  Diogenes,  is  a  late 
Invention.      On   the   other  hand,   most   of  the 
literary  notices  of  mosaic  point  to  the  period  of 
the  Diadochi :  we  hear  of  it  in  connexion  with 
the  names  of  Demetriu»Phalereus  and  Hieron  II., 
and  with  the  Pergamene  empire.      In  Greece 
proper  a  noted  instance  is  given  at  Delphi :  the 
Scholiast  to  Ludan  w§pl  ^px^irfwr,   38,  says 
that  beside  the  omphalos  at  Delphi  two  eagles 
were    represented    in    mosaic   (y^pdtpBcu  iarh 
avir04^9t»s  A(0a»r) ;  and  Wieseler  has  suggested 
with  great  probability  that  this  decoration  must 
have  originated  at  the  restoration  of  the  shrine 
after  the  Phocian  War,  when  the  golden  eagles 
that  formerly  stood  there  had  been  looted  and 
the  ground  torn  up  by  treasure-seekers.    Every- 
thing then  points  to  the  third  century  B.C.  for 
the  introduction  of  mosaic  into  Greece :  probably 
It  was  never  practised  to  any  great  extent  there; 
we  do  not  even  know  whether  the  Greeks  were 
familiar  with  the  various  classes  of  mosaic  which 
the  Romans  distinguished  from  each  other. 
The  only  artist  in  mosaic  whose  name  is  men- 


tioned in  ancient  literature  is  Sosos  of  Perga- 
mon  (probably  about  the  middle  of  the  third 
century  B.C. ;   Pliny,  xxxvi.  §  184),  who  made 
a  mosaic  which  became  famous   as  the   oIkos 
iLffdpvToSf  '*  the  unswept  house,"  representing  a 
floor  covered  with  the  remnants  of  a  banquet : 
several  reproductions  of  this  have  come  down 
to  us ;  one  of  these,  now  in  Rome,  is  signed  by 
the  artist,  *HpdK\uros  iipydffaro.    It  is  possible 
that  representations  of  the  objects  likely  to  be 
found  on  an  actual  floor  may  have  led  to  the 
imitation  of  figured  scenes  in  mosaic :  one  such 
mosaic  in  the  British  Museum  represents  strewn 
leaves.     On  the  other  hand,  it  has  been  sug- 
gested  that  these  -floor  pictures  were  due  to 
another  reason :  in  the  time  of  the  Diadochi  in 
Alexandria  the  practice  grew  up  of  decorating 
the  walls  with  marble  slabs  of  different  colours ; 
and  as  there  was  in  this  case  no  space  for  pic- 
tures on  the  walls,  these  were  supplied  in  the 
floor.    One  of  the  finest  Pompeian  mosaics,  signed 
by  Dioscorides  of  Samos,   reproduces  a  wall- 
painting  found  at  Pompeii ;  and  the  great  mosaic 
at  Naples  of  the  Battle  of  Issus  was  probably 
inspired  by  the  painting  by  a  Graeco-Egyptian 
lady  Helena.    The  Egyptian  origin  of  the  ai*t  is 
further  marked  by  the  occurrence  of  Egyptian 
landscapes  reproduced  in  ancient  mosaics:  the 
finest  is  the  Palestrina  mosaic,  ascribed  to  the 
first  century  a.d. 

The  connexion  between  wall-painting  and 
tapestry  hanging  is  obvious :  and  the  same  con- 
nexion may  be  traced  between  mosaic  and  tex- 
tiles ;  both  directly,  from  carpets,  and  indirectly, 
as  at  Pompeii,  through  wall-paintings.  This 
connexion  is  further  illustrated  when  we  examine 
the  Egyptian  textiles,  of  which  the  design, 
colouring,  and  even  the  treatment  are  often 
exactly  parallel  to  those  of  mosaic  work. 

The  successive  stages  of  the  development  of 
mosaic  are  well  illustrated  at  Pompeii:  the 
simplest  kind  is  that  in  which  different  geome- 
tric or  floral  patterns  of  white  rectangular 
stones  are  set  in  a  floor  of  pounded  brick  and 
lime;  gradually  the  inlaid  portion  becomes 
larger  and  richer,  the  tesserae  smaller  and  more 
coloured,  and  less  of  the  actual  floor  is  seen ; 
until  finally  the  ground,  as  well  as  the  design, 
is  constructed  also  of  mosaic  tesserae. 

The  simplest  kind  of  mosaic  consisted  in  lay- 
ing in  a  simple  pounded  cement  a  pavimentvm 
testaceum  or  opus  sk/nmwn,  i.e.  a  series  of 
patterns,  figures,  or  inscriptions  in  white  or 
coloured  tesserae  or  teeseUae,  These  tesserae 
are  in  later  Greek  called  ^^i,  i^^iSsr  (hence 
^^oX^yiffia,  a  mosaic  pavement ;  r^if^oSirjis^ 
a  mosaic  worker):  we  also  have  ik^attiaicoij 
which  however  seems  to  correspond  more  to 
abacvii  or  cmstaey  i.e.  slabs  of  marble  for  inlay- 
ing. They  were  made  of  all  kinds  of  material : 
besides  marble,  stone  of  different  kinds  and 
colours,  terra-cotta  of  various  degrees  of  baking 
and  mixed  with  other  substances,  glass  of  all 
shades  of  colour ;  the  gilding  of  glass  tesserae, 
frequent  in  Byzantine  work,  was  only  rarely 
employed  in  Roman  mosaic.  In  the  earlier  and 
simpler  kind  they  are  as  a  rule  square  in  form, 
but  the  imitation  of  elaborate  designs  made 
special  cutting  necessary. 

In  preparing  the  ground,  Vitruvius  recom- 
mends the  employment  of  three  layers,  viz. 
(i.)  the  lowest  foundation,  staiumen;   (ii.)  on 


898 


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this  a  rough  mass  of  mortar,  rudui ;  and  (iH.) 
topmost  of  all,  the  cement  proper,  nuc^enis,  of 
pounded  brick  and  lime,  in  which  the  Usaerae 
are  laid  :  this  seems  to  hare  been  mixed  further 
with  a  binding  material  such  as  bitumen. 

Of  the  ordinary  mosaic,  the  finest  kind  was 
the  opus  ternucuiatamj  so  called  probably  be- 
cause in  this  work  teuarae  of  the  minutest 
proportions  are  arranged  in  long  wavj  lines 
suggesting  the  morement  of  worms,  vermes. 
Possibly  the  Greek  XiBicrotrrop  corresponds  to 
this  finest  work,  inasmuch  as  the  passages  in 
whidh  it  occurs  invariably  refer  to  a  luxurious 
pavement.  It  was  used  not  only  for  floors,  but 
also  for  walls,  columns,  and  even  vaults,  where 
the  difficulty  of  attachment  made  special  pre- 
parations necessary. 

Opus  sectUe  was,  broadly  speaking,  a  mosaic 
made  of -slabs  of  different  coloured  marbles: 
these  slabs  were  of  different  sizes,  and  cut  in 
triangles,  shields,  squares,  and  other  geometric 
forms.  A  special  kind  of  this  class  was  the 
optts  ^/sawfMirimfaii,  in  which  only  two  kinds  of 
marble  were  used,  generally  speaking  red  and 
green,  porphyry  and  Lacedaemonian  marble. 
Thin  is  said  to  have  been  introdueed  by  Alex- 
ander Seterus,  and  to  hare  been  named  after 
him  ^  but  there  is  no  doubt  that  it  was  of  much 
older  origin :  probably  it  came  originally  from 
Alexandria.  Under  this  head  is  also  included  a 
process  of  mosaic  in  which  figures,  Jkc,  are 
imitated,  not  with  iesseraey  but  with  variously 
coloured  slabs:  the  flesh  for  instance  of  a  figure 
being  cut  out  in  one  stone,  the  clothes  in 
another,  and  the  hair  in  another.  A  notable 
instance  of  this  class  is  given  in  a  mosaic  repre- 
senting the  Rape  of  Hylas,  from  the  Basilica  of 
Junius  Bassus  (Consul  a.d.  317),  engraved  in  the 
ArchaeotogiOj  xlr.  (1880),  pi.  47. 

10.  MoBoic  reiiefi.  —  Rabul-Rochette,  in  his 
Peinttires  cmiiqueSf  pi.  xii.,  gives  a  specimen  of  a 
mosaic  figure  in  relief,  said  to  have  been  found 
at  Metapontnm  :  he  pronounces  it  to  be  of  pure 
Greek  style,  intended  for  insertion  in  a  wall.  A 
similar  specimen  is  in  the  Wilton  House  Collec- 
tion, of  which  Michaelis  {Ancient  JfarbfeSf 
p.  678)  remarks :  ^  After  the  thorough  dis- 
quisition of  R.  Engelmann  {Rhein,  Mas.  xxix. 
pp.  561-589)  it  can  no  longer  be  doubted  that 
mosaic  relief  is  an  invention  of  the  last  oentnxy 
only,  and  that  all  the  known  examples  are 
impostures,  forged  at  that  period.  Again,  the 
styie  of  the  setting  of  the  several  stones,  so' 
that  broad  white  seams  of  cement  are  to  be  seen 
between  them,  is  not  antique." 

11.  Vase  JPainting.— The  art  of  painting  fictUe 
yases  with  decorative  subjects  was  in  antiquity 
a  separate  art,  peculiar  to  the  Ghreeks ;  although 
the  idea  may  have  been  in  the  first  plMe 
borrowed  from  the  Egyptians,  it  was  never 
extensively  practised  except  among  the  Greeks, 
and  may  be  said  to  have  lived  and  died  among 
that  people.  The  Etruscans,  it  is  true,  were  large 
importers  of  Greek  vases,  and  produced  occasional 
imitations  of  their  ware ;  and  recent  evidence 
seems  to  show  that,  for  a  brief  period,  Latin 
(possibly  Roman)  artists  were  following  their 
example:  but  these  imitations  were  as  a  rule 
clumsy  or  vulgar,  and  can  be  readily  dis- 
tinguished from  the  ware  to  which  they  owed 
Uieir  origin.  The  figured  scenes  on  Greek  vases 
commence    towards    the  end   of  the    seventh 


century  B.C,  and  continue  down  to  the  first 
half  of  the  third  century  JkC  ;  and  within  this 
period  we  now  have,  scattered  in  the  different 
museums  and  private  collections,  many  tiiousandi 
of  examples,  which  form  a  most  important  run- 
ning commentary  on  every  conceivable  phase  of 
Greek  life  and  thought.  Of  the  mine  of  infor- 
mation thus  afforded,  much  yet  remains  to  be 
explored :  and  the  history  of  Painting,  in  the 
earlier  stages  at  any  rate,  looks  to  ceiamography 
as  its  principal  witness.  While  therefore  we 
must  fully  recognise  the  importance  of  this 
branch  of  the  subject,  it  must  not  be  forgotten 
that  vase-painting  among  the  Greeks  was  only 
a  subsidiary  art,  or  rather  a  handicraft;  sad 
that,  of  the  century  or  so  of  vaae-painters  whose 
signed  works  we  possess,  there  is  not  one  name 
mentioned  in  the  whole  field  of  clastic  literature. 
Their  works  were  mainly  intended  for  the 
temple,  for  sacred  or  semi-sacred  functions  such 
as  the  great  games,  and  for  the  tomb:  vase 
artists  and  psinted  vases  alike  were  a  class 
apart.  For  this  reason,  and  in  order  to  prevent 
overcrowding  this  article  with  a  separate  volu- 
minous subject,  Greek  ceramography  is  treated 
in  a  distinct  article,  Vab  ;  to  which  the  reader 
must  be  referred  for  the  numerous  allusions 
which  will  be  found  in  the  coutm  of  the  present 
article. 

12.  Vases  painted  in  Encatuiic, — There  is,  hor- 
ever,  one  class  of  vase-paintings  mentioned  in 
Athenaeus  (v,  200  b),  which,  if  the  passage  is 
rightly  understood,  seem  to  have  been  a  separate 
dass,  distinct  from  the  true  ceramography  of 
the  Greeks.  That  writer,  in  descming  the 
pompa  of  Ptolemy  Philadelphus,  says  that  among 
other  elements  of  the  procession  were  300  boyi 
carrying  iccpd^a  tctmipoypa/^/idpa  xp^^l*^^^  v"*^ 
rolois  (vessels  painted  in  wax  with  oolonn 
of  all  kinds).  It  does  not  seem  at  all  clear, 
however,  what  these  vessels' were.  Birch  {Bitt. 
of  Pottery,  p.  427)  proposes  to  identify  them 
with  a  fabric  of  whi<ih  specimens  were  found 
at  Centorbi  and  elsewhere :  the  specimen  be 
describes  is  of  terra-cotta,  ^the  colours  on 
which  are  prepared  in  wax  and  laid  upon  a  rose- 
coloured  ground :  it  is  ornamented  with  gilding, 
and  is  of  a  late  style  and  period.**  Raoul-Rodiette 
{Peintures  antiques^  p.  430,  pi.    ziiL)  gives  s 

'  specimen  of  this  fabric :  but  even  supposing  that 
this  process  is  really  encaustic,  it  is  not  likelj 
that  it  was  ever  extensively  practised,  nor  does 
it  seem  certain  that  these  examples  iUnstrste 
the  Mssage  in  Athenaeds :  the  '*  vessels  "  there 
alluded  to  are  probably  of  wood ;  ths  habit  of 
'painting  polychrome  decorations  on  vases  of 
Wood  was  common  in  Egypt  in  later  times,  snd 
the  encaustic  process  would  be   more  appro- 

Sriately  applied  to  wood  than  to  terra-cotts. 
•liimner  suggests  that  the  nrpffyT/ff  of  Msnetk. 
iv.  332  are  to  be  explained  as  the  painters  of 
such  vessels. 

13.  Drawings  on  other  Materials:  Bronze.^Tht 
outline  drawings  on  bronxe  must  be  referred  to 
here,  as  giving  important  evidence  of  the  ancient 
art  of  design,  although  the  subject  is  more 
fully  treated  under  ScaLPFUEA.  The  earliest 
examples  of  engraved  design  on  bronze  are  the 
celebrated  swords  found  at  Mjrcenae,  of  which 
the  blades  are  decorated  with  lion-hants  snd 
other  scenes  in  engraving.  These,  however, 
form  a  class  by  themselves,  being  inlaid  as  well 


PICTURA 


PIOTUBA 


399 


in  ▼Brioas  metals;  m  process  which  as  yet  is 
i&nkiiowa  in  snbieqaent  Greek  art.  Of  engraved 
design  pore  and  simple  we  hare  a  fine  specimen 
of  Greelc  work  of  the  sixth  eentnry  B.C.  in  the 
bronaa  cuirass  (^Bulietm  de  Car,  Hell,  vii.  pp.  1-^, 
pll.  1-3),  and  smaller  specimens  from  Olympia : 
there  is  no  doubt  that  the  art  flourished  in  Greece, 
although  very  few  examples  have  been  found 
there^  while  great  numbers  have  come  from 
Etmria.  These  Etruscan  specimens  consist 
mainly  of  mirrors  and  ciatae  dating  from  the 
foortli  century  B.C.  downwards ;  principal  among 
the  latter  being  the  Ficoroni  ciUa,  of  which  an 
engraTing  is  given  in  Vol.  I.  p.  440,  Vol.  II.  p.  213 : 
the  subjects  represented  on  these  mirrors  are  for 
the  most  part  of  Gredc  origin,  though  treated  in 
an  Einiacan  dress  and  accompanied  by  Etruscan 
inscriptions.  Probably,  if  more  specimens  of 
the  pore  Greek  engraving  had  survived,  we 
should  recognise  the  qualities  of  spirited  and 
linn  drawing  which  are  reflected  in  the  best 
Ktmacan  specimens,  and  which  ancient  critics 
admired  hi  the  works  of  the  great  Greek  artists. 

14.  BdxwoodL^Pliny  tells  us  that  the  great 
painter  Ptimphilus  gave  lessons  in  drawing  on 
boxwood;  and  the  words  mi^iw  (named  by 
PoUoz,  X.  59,  8m<Mig  the  implements  of  the 
painter)  and  wv^pmpw  (Artemid.  L  53)  are 
referred  to  as  further  evidence  of  this  process : 
bat  neither  of  these  words  in  themselves  neces- 
sarily imply  reference  to  a  distinct  art ;  they 
may  allude  merely  to  the  tablet  of  box  which, 
as  was  before  mentioned,  was  one  of  the  principal 
grounds  on  which  the  easel  painter  worked.  In 
a  tomb  in  the  Crimea  {AaU,  de  Beep*  Cimm, 
pi.  79)  certain  slabs  were  found  which  were 
engrared  with  fine  drawings  in  the  style  of  the 
early  part  of  the  fourth  century  BjC,  the  lines 
being  filled  with  colour.  The  material  of  these 
»lab»  was  supposed  to  be  boxwood,  and  they 
were  adduced  as  illustrations  of  the  process  of 
Pamphilus :  but  StephaAi  {Compte  Mendu,  1866, 
p.  6i  n.  2)  says  that  this  is  an  error,  and  that  they 
are  in  reality  slabs  of  ivory.  It  is  quite  possible 
that  the  Gneks  practised  the  art  of  engraving 
designs  on  boxwood,  just  as  they  did  graving 
upon  ivory  (see  also  above  under  incaustic)  and 
on  bronie;  but  it  does  not  seem  necessary 
at  present  to  oonsider  that  the  teaching  of 
Pampbilus  meant  more  than  the  rudiments 
which  every  easel  painter  would  have  to  know 
as  a  preliminary  to  painting  on  boxwood. 

15.  FtBThmtnt,  —  It  would  appear  from  a 
statement  of  Pliny  that  sketches  or  cartoons  for 
pictures  were  sometimes  executed  by  the  great 
masters  on  parchment,  and,  as  in  the  subsequent 
history  of  art,  were  handed  down  for  the  tuition 
and  profit  of  successive  ages  of  artists  (xxxv. 
§  68 :  *'  et  alia  multa  graphidis  vestigia  extant 
ia  tabuHs  ac  membranis  ejus,  ex  quibus  proficere 
dicuatur  artifices;"  see  infroy  p.  412).  Here 
also  bdongs  the  subject  of  illustrated  MSS. : 
uafortunately,  we  have  scarcely  any  illustrated 
classieal  MS.  which  does  not  date  from  a 
debased  age :  *'  although  we  know  that  doctors 
aad  architects  were  in  the  hsbit  of  adding 
explanatory  illustrations  to  their  scientific 
works,  and  that  M.  Varro,  for  instance,  adorned 
bis  grtmt  biographical  work  the  Imagines  with 
70O  portrait*  of  Greek  and  Roman  celebrities." 

16.  BttUtry.'^Tht  history  of  Painting  in  clas- 
*ical  antiquity  is  one  which  is  difficult  to  treat 


comprehensively  within  the  limits  of  an  article 
like  the  present,  on  account  of  the  wide  field 
of  speculation  which  it  oflers,  and  with  which  a 
close  student  of  the  subject  must  necessarily  be 
familiar.  As  in  the  case  of  Sculpture,  so  here, 
our  knowledge  must  be  based  upon  the  examina- 
tion of  the  statements  of  ancient  authors  in  the 
light  of  modem  remains :  but  whereas  in  the 
study  of  Sculpture  we  have  before  us  an  almost 
complete  series  of  the  works  of  the  greatest 
masters,  in  that  of  Painting  we  are  met  by  the 
fact  that  no  single  example  of  a  great  master- 
piece has  come  down  to  us;  nay  more,  that  of 
one  great  branch  of  the  art,  that  of  easel-painting, 
not  a  single  specimen  (if  we  except  a  few  late 
Roman  portraits)  has  survived.  And  yet  we 
have  every  reason  to  believe  that  the  Greeks 
achieved  as  signal  success  in  Painting  as  they 
had  done  in  t^e  sister  art:  the  art  critics  of 
antiquity,  whose  judgment  we  can  test  in  the 
light  of  the  actual  monuments,  are  no  whit  less 
enthusiastic,  nor  less  explicit,  about  their 
painting;  and  although  in  some  bi*anches  the 
ancient  painters  may  not  have  attained  to. the 
technical  perfection  of  modem  times,  yet  we  may 
be  sure  that,  within  the  limits  which  they  set 
themselves,  the  masterpieces  of  the  Greek 
painters  were  worthy  to  rank  beside  the  marblea 
of  Pheidias  or  the  bronzes  of  Lysippns. 

In  default  therefore  of  any  eridence  at  first 
hand,  we  are  forced  to  accept  such  other  monu- 
mental evidence  as  we  can  collect  of  objects 
which  illustrate  or  reflect  the  major  art.  Of  such 
fortunately  a  fairly  large  supply  has  come  down 
to  us.  This  secondary  eridence  consists  of 
painted  vases,  painted  works  in  stone  or  marble, 
mosaics,  and  principdly  the  large  store  of 
mural  paintings  which  have  been  rescued,  mainly 
from '-the  buried  cities  of  Pompeii  and  Hercu- 
laneum.  It  is  true  that  the  great  majority  of 
these  echoes  of  Greek  painting  are  of  a  late  date 
and  were  executed  under  Roman  influence ;  but 
as  both  in  sculpture  and  in  painting  the  art  of 
Uie  Romans  is  hardly  separable  from  that  which 
Greek  artists  had  taught  and  were  still  teaching, 
it  will  be  convenient  in  this  article  to  treat  the 
two  nationalities  together. 

With  regard  to  the  other  peoples  of  Italy,  such 
as  the  Etruscans,  the  same  system  will  equally 
hold  good.  If  Etruscan  painting  had  for  a  brief 
period  an  independent  existence,  it  was  never- 
theless subject  to  much  the  same  influences,  and 
exhibits  a  similar  development  during  this  period 
to  that  of  the  Greeks;  while  in  any  case  the 
time  soon  came  when  it  was  first  impregnated, 
and  finally  absorbed,  in  the  influence  which 
spread  abroad  from  the  Greek  colonies  in  Magna 
Graecia :  and  though  both  in  Italian  and  Etrus- 
can art  there  are  certain  local  elements  always 
separable,  these  are  not  of  sufiicient  importance 
to  demand  a  separate  treatment  here. 

In  studying  ancient  painting,  it  is  necessary 
to  keep  constantly  in  view  the  parallel  between 
it  and  sculpture.  The  problems  which  are 
involved  in  the  questions  as  to  which  was  the 
earlier  art  of  the  two,  and  as  to  how  much  the 
Greeks  borrowed  from  the  Egyptians  and 
Assyrians,  are  out  of  the  present  sphere,  and 
not  much  is  gained  by  their  elucidation.  It  is 
sufficient  to  know  that  the  Greeks  were  the  first 
people  to  raise  to  the  level  of  independent  arts 
what  had  previously  been  merely  descriptive  and 


400 


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PICTUBA 


decorative  processes;  and  thongh  in  Greece 
sculpture  may  be  said  to  have  reached  its 
culminating  point  more  than  a  century  sooner 
than  painting,  yet  both  are  throughout  closely 
allied,  and  are  constantly  acting  and  reacting 
upon  each  other.  In  reliefs  especially  painting 
plays  a  prominent  part,  and  in  statuary  even  of 
the  best  period  its  growing  influence  is  clear: 
painting  was  in  fact  of  the  sister  arts  that  which 
led  the  way  in  the  whole  history  of  Greek 
development ;  and  when  Winckelmann,  follow- 
ing Pliny's  statement  that  there  was  no  painting 
in  Greece  at  the  time  of  the  Trojan  War,  says 
that  sculpture  has  the  earlier  origin,  this  state- 
ment is  true  only  in  so  far  that  painting  did  not 
attain  its  full  development  until  the  end  of  the 
fourth  century,  whereas  the  bloom  of  sculpture 
is  assigned  to  the  middle  of  the  fifth  century  B.C. 

The  great  difliculty  of  oar  inquiry  is  that  of 
reconciling  the  literary  records  with  the  monu- 
mental remains,  and  of  establishing  accurately 
the  continuous  connexion  between  them.  The 
wealth  of  new  material  which  has  accumulated, 
especially  during  the  past  ten  years,  and  the 
more  scientific  methods  of  investigation  which 
have  thus  been  rendered  possible,  have  together 
produced  this  result — that  we  are  now  in  many 
respects  in  a  better  position  to  judge  of  Greek 
art  than  were  the  art  critics  and  historians  of 
antiquity.  The  literary  records  of  painting 
indeed,  scanty  as  they  are,  are  not  to  be  accepted 
without  the  closest  scrutiny:  thus  it  is  now 
generally  accepted  that  Pliny,  our  chief  in- 
formant as  to  the  early  history  of  Painting, 
adopted  without  criticism  and  often  without 
understanding  the  statements  of  his  authorities ; 
these  authorities  being  apparently  for  the  most 
part  certain  Greek  works  irtpl  t&frri/idTotp :  that 
he  seems  to  ignore  everything  but  easel  pictures : 
and  that  his  historical  arrangement  is  altogether 
untenable.  Pliny  connects  each  successive  im- 
provement in  the  early  history  of  Painting  with 
the  name  of  a  master :  even  when  these  names 
have  an  appearance  of  reality,  it  is  probable  that 
they  represent,  not  the  inventors  of  definite  steps, 
but  pictures  associated  with  their  names  which 
showed  the  first  instances  of  these  improvements. 

Under  these  circumstances,  it  is  obvious  that 
the  traditions  of  ancient  writers  as  to  the  com- 
mencement and  earliest  development  of  the  art 
of  painting  in  Greece  must  not  be  taken  as 
literal  contributions  to  the  history  of  our  sub- 
ject :  in  some  points,  indeed,  it  is  quite  impossible 
to  reconcile  them  with  the-  evidence  of  the 
monuments  of  this  period  which  are  before  us. 
The  principal  authority  is  Pliny  in  his  ff.  N. 
zxzv.  §  15  foil.,  who  himself  acknowledges  the 
uncertainty  of  his  subject.  **  The  Egyptians,"  he 
says,  "falsely  claim  to  have  invented  painting 
6000  years  before  it  crossed  into  Greece :  of 
the  Greeks,  some  ascribe  the  invention  to  Sicyon, 
others  to  Corinth,  but  all  agree  that  the  first 
step  consisted  in  tracing  the  shadow  of  a  man 
with  lines.  This  was  followed  by  the  introduc- 
tion of  single  colours,  so  called  Tnenochromaton ; 
and  even  after  the  art  had  advanced,  this  style  was 
still  carried  on.  Linear  drawing  was  invented  by 
Philocles  the  Egyptian  or  Cleanthes  of  Corinth, 
<and  was  first  practised  by  Aridices  of  Corinth 
and  Telephanes  of  Sicyon  :  even  these  made  no 
-use  of  colour,  but  scattered  lines  within  their 
paintings  (jspargenUa  iineas  intra),  and  attached 


the  names  to  the  figures  of  their  paintings.  It 
was  Ecphantus  of  Corinth  who  first  invented 
those  (pictures  ?)  of  the  colour  of  pounded  pots* 
herd :  this  was  not  the  Ecphantus  who  is  stid 
by  Cornelius  Nepos  to  have  followed  Demarstiu 
into  Italy." 

Painting  had  already  an  independent  footing 
in  Italy.  "  Even  to  this  day  there  are  pictures  in 
the  temples  of  Ardea  of  which  the  date  is  earlier 
than  the  foundation  of  Rome ;  also  at  Lanuviom 
are  two  pictures  of  Atalante  and  Helena  by  the 
same  artist ;  and  at  Caere  some  still  earlier :  so 
that  the  connoisseur  may  well  siiy  that  no  art 
was  more  speedily  brought  to  perfection  (am- 
summatd),  seeing  that  in  Trojan  times  it  appears 
to  have  bad  no  existence."  rliny  then  proceeds 
briefly  to  note  celebrated  painters  or  works  of 
art :  the  picture  of  Bularchus,  in  which  wss  a 
battle  of  the  Magnetes,  of  auch  merit  tkst 
Candaules  paid  for  it  its  weight  in  gold  (rcpen- 
sam  auro)  :  the  painters  of  monochrome  {mono- 
Chromatis)  Hygiainon,  Dinias,  Cfaarmadas,  who 
must  have  lived  shortly  before,  but  whose  period 
is  not  given :  Eumarus  of  Athens,  who  first  in 
painting  distinguished  male  from  female  and 
dared  to  imitate  every  sort  of  figure  ("  qui  primns 
in  pictura  marem  a  femina  dtscreverit, .... 
figuras  omnis  imitari  ausnm  ") :  and  lastly,  Cimoa 
of  Cleonae,  who  developed  the  inventions  of  hi* 
predecessor:  he  found  out  '* catagrapha,  hoc 
est  obliquas  imagines,  et  varie  formare  voltni, 
respicientis,  suspicientisve  vel  despicientis.  Arti- 
culis  membra  distinxit,  venas  protulit  praeterqne 
in  veste  rugas  et  sinus  invenit."  (The  difficulties 
of  this  passage  will  be  referred  to  later  on.) 

In  A  N.  vii.  §  205,  Pliny  nys  further,  thst 
painting  was  a  discovery  of  the  Egyptians,  bat 
was  in  Greece  invented  by  Eucheir,  kinsman  of 
Daedalus :  so  also  says  Aristotle  :  Theophrastos, 
however,  ascribes  it  to  Polygnotus  of  Athens. 
Athenagoras  (Leg,  pro  Chr.  14,  p.  59,  ed.  Dechsir) 
relates  how  in  the  days  before  sculpture  and 
painting  and  statuary  were  Saurias  of  Samoi, 
and  Craton  of  Sicyon,  and  Cleanthes  of  Corinth, 
and  a  Corinthian  maiden :  shadow-pictures, 
aKtayptuploj  were  invented  by  Saurias  of  Samos, 
who  traced  the  outline  of  his  horse  in  the  son : 
and  painting  (ypa^uc^)  bv  Craton,  who  smeared 
in  (iyaXfii^carrot)  the  shadow  of  a  man  and 
woman  on  a  whitened  slab  {iw  vufdKi  AcAcv- 
Kotfidytf).  The  legend  of  the  ^  Corinthian  maiden  ** 
is  referred  to  by  him  (ibid.)  as  the  origin  of  the 
koroplastic  art ;  and  Pliny  (H.  K  xxxv.  §  151) 
refers  to  the  same  story :  the  legend  related  how 
the  daughter  of  a  certain  Bntiules,  a  Sicyonian 
potter  at  Corinth,  struck  by  the  shadow  of  her 
lover's  face  cast  by  her  lamp  npon  the  wall, 
drew  its  outline  (wnbrcan  ex  fade  lin^  circHmr 
tcripsit)  with  such  force  and  fidelity  that  her 
father  cut  away  the  plaster  within  the  outline 
and  took  an  impression  from  the  wall  in  clay, 
which  he  baked  with  the  rest  of  his  pottery. 

The  main  difficulty  which  confronts  w  « 
these  various  descriptions  is  that  of  distingaich- 
ine  between  linear  (•.«.  outline)  drawing  snd 
sUhonette.  It  will  be  best  to  Uke  the  statements 
as  to  the  inventions  first,  and  afterwards  to  ex- 
amine in  detail  the  artists'  names.  We  may  for 
the  present  disregard  the  reference  to  Egypt: 
the  name  Philocles  being  a  Greek  and  not  an 
Egyptian  name,  it  is  suggested  that  the  author 
of  this  statement  had  seen  the  work  of  an 


PIOTURA 


PICTUBA 


401 


Zgj^Hiiing  Graek,  pottibW  that  of  an  inhabitant 
of  XaacratiA,  a  Greek  colony  founded  in  Egypt 
in  the  seventh  century ;  or  that  some  such  work, 
originally  painted  by  Philocles  in  Greece,  had 
been  exported  to  Nancratis,  and,  being  still  on 
rieir  there,  had  caused  the  mistake  of  describing 
Uw  artist  as  an  Egyptian.  We  may  also  dis- 
rejud  the  name  of  Polygnotus  in  this  connexion, 
vroiigly  introduced  here  by  Pliny :  Theophrastns 
oalj  meant  that  Polygnotus  was  the  first  who 
dereloped  monumental  painting.  The  remaining 
bt  of  inventors  points  almost  exclusively  to 
C&nnth  and  Sicyon :  this  is  in  keeping  with  the 
intimate  connexion  which  we  know  existed  be* 
tireen  these  two  cities,  and  the  importance  of 
their  art,  in  the  sixth  century  B.a ;  they  lay 
dose  together,  and  used  almost  identical  alpha- 
bets; uid  the  rule  of  a  powerful  dynasty  of 
trranni  in  each  place  gave  scope  for  the  artistic 
tctirity  of  the  '*  Daedal  idae ''  to  flourish  there. 
The  extensive  spread  of  this  Corinthian-Sicyonian 
art  may  well  account  for  such  legendary  wander- 
ings of  artists  as  that  of  Eucheir,  Cugrammus, 
Itjopus,  and  Ecphanttts  (Pliny,  H,  N,  xxxv.  §  152) 
icto  Italy :  on  the  other  hand,  there  is  no  reason 
why  these  artists  should  belong  wholly  to  legend : 
we  know  of  the  actual  existence  of  a  Eucheir  in 
antiquity;  and  the  other  names  present  no 
further  difficulty.  There  is  no  reason  to  suppose 
the  priority  of  either  city :  in  fact  the  Butades 
\igtDd  suggests  an  attempt  to  compromise  this 
qnestion,  by  making  him  a  potter  of  Sicyon 
vorkiog  at  Corinth. 

Phny  says,  ''All  agree  that  the   first  step 

cofisisted  in  tracing  the  shadow  of  a  man  with 

lines  " :  it  Is  evident  that  in  the  various  accounts 

no  distinction  is  intended  as  to  the  priority  of 

drawing  over  painting  or  vice  versa;  on  the 

f-tber  hand,  the  expression  umbra  Kneis  drcutn' 

dmta  certainly  teems  to  imply  outline  drawing  ; 

and  all  the  accounts  except  that  of  Craton  seem 

to  refer  to  the  priority  of  linear  drawing,  a  fact 

vbieh  is  not  borne  out  by  the  evidence  of  the 

DoBoments.     The  best  suggestion  for  the  ex- 

(4anation  of  this  difficulty  is  that  of  Klein,  who 

points  out   that   the  real   distinction   between 

tbese  various   ''inventions"   lies,   not  in    the 

oet\oJ,  bat  in  the  subject  adopted  by  the  legend- 

vj  artists ;  and  shows  that  each  legend  may  be 

respectively  traced  to  one  of  the  different  terms 

applied  in  Greek   to  ''painting."      Thus,  the 

existence  of  a  term  oKupypapia  would  suggest 

«  general  basis  for  the  rarious  shadow-theories : 

(^fypt/^lof  as  distinguished  from  ypa^uHi^  might 

oieaa  the  drawing  of  animals,  (im,  as  opposed  to 

tbe  drawing  of  the  human  figure,  and  hence  the 

l<|eads  of  Uie  horse  of  Saurias,  and  the  man  and 

Woman  of  Craton.    The  story  of  the  Corinthian 

n^en  is  really  more  connected  with  fictile  art 

tban  with  painting,  though  drawing  is  doubtless 

qoally  at  the  ba^  of  such  works  in  terra-cotta 

u  tte  here  referred  to :   the  elements  of  this 

^rad  are  all  supplied  in  the  term  for  terra^ 

^'tta   modelling,  icopowAcurruc^.      As  to    this 

<.oriatbian   maiden,  we    have    two   conflicting 

^cconnts :  Athenagoias  says  that  the  lover  was 

uleep,  and  that  the  terra-cotta  was  in  his  time 

*^  preserved  in  Corinth:  whereas  Pliny  de- 

»^Ua  the  lover  as  departing,  says  that  the  face 

<«lf  was  ontlined,  and  that  it  fell  a  victim  in 

^«  tacking  of  Corinth  in  B.C.  146  :  it  has  been 

^n^ht,  therefore,  that  the  source  of  Athena- 


goras'  information  must  have  been  earlier,  that 
of  Pliny  later,  than  B.C.  146 :  but  probably  there 
is  no  need  for  supposing  the  work  to  have  existed 
except  in  legend :  the  circumstantial  character 
of  the  narrative,  as  is  demonstrable  in  other 
similar  cases,  proves  nothing. 

With  the  names  of  Clean  thes,  Arid  ices,  and 
Telephanes,  we  come  to  more  definite  ground, 
apparently  of  the  seventh  and  sixth  centuries ; 
before  however  we  approach  this  fieriod,  wherein 
literary  and  monumental  evidence  are  both 
available,  we  must  first  go  back  to  the  far 
earlier  period  which  we  know  only  from  the 
actual  monuments. 

As  to  the  actual  origin  of  painting  in  Greece, 
various  theories  have  equally  been  advanced  in 
modem  times.  One  critic  argues  that  the  idea 
was  originally  suggested  by  polychrome  era- 
broidery  or  textile  work,  and  points  to  the  fact 
that  in  Homer  no  mention  of  painting  occurs, 
while  on  the  other  hand  mention  is  more  than 
once  made  of  scenes  woven  on  garments,  such  as 
the  robe  of  Helen  and  of  Odysseus,  and  the  veil 
of  Hera ;  and  that  two  of  the  earliest  recorded 
names  of  artists  are  those  of  Acesas  and  Helicon, 
weavers  of  Salamis  in  Cyprus.  In  this  con- 
nexion we  shall  see  that  the  influence  of  Oriental 
tapestries  is  largely  felt  in  the  Greek  paintings, 
especially  of  the  coast  and  islands  of  Asia  Minor, 
but  this  probably  did  not  take  eflect  until  the 
end  of  the  seventh  century  B.C.  [see  Vas]. 

Another  theory  is  that  of  Klein  and  Milch- 
hOfer,  who  suggest  that  both  sculpture  and 
painting  are  jointly  preceded  by  coloured  relief. 
Klein  says,  "  Sculpture  and  painting  are  in  the 
earliest  period  united  in  a  coloured  and  flat  style 
of  relief,  which  Greece  received  from  Asia  Minor 
and  developed  (€,j.  tbe  Cypselos  chest  and  the 
throne  at  Amyclae).  Painting  is  at  first  in- 
tended to  do  no  more  than  replace  the  actual 
colour  of  the  metal  or  wood  stuff,  in  the  charac- 
ter of  a  surrogate.  The  technical  process  of 
engraving  (where  this  is  unnecessary)  of  the 
painted  figure  and  its  surroundings,  points  still 
more  clearly  to  an  imitation  of  the  hammered, 
beaten  out,  and  inlaid  work :  and  this  explains 
the  striving  after  gaudiness ;  "  herein  referring 
to  the  class  of  "  Protocorinthian  "  paintings  in 
which  these  characteristics  occur,  and  which  he 
suggests  are  the  result  of  imitation  of  inlaid 
metal.  The  suggestion  may  be  perfectly  true 
of  this  particular  class  of  paintings :  but  these 
by  no  means  represent  the  first  beginnings  of  the 
art  in  Greece. 

Strictly  speaking,  the  subject  of  Painting 
embraces  every  material,  even  to  the  humblest, 
to  which  it  is  applied;  and  for  the  earliest 
beginnings  of  the  axl,  we  may  accept  the  evidence 
of  vases  where  other  evidence  fails.  The  earliest 
painted  vases  in  Greece  are  a  class  which  come 
at  the  end  of  the  Hissarlik  and  at  the  commence- 
ment' of  the  Mycenae  period  [V^AS].  These  show 
the  first  introiduction  of  painted  ornament,  at 
the  point  where  It  takes  the  place  of  the  primi- 
tive engraved  patterns  with  which  the  decora- 
tion of  Greek  pottery  begins.  First  it  occupies 
itself  with  decorative  devices  borrowed  from 
marine  fauna  and  flora ;  afterwards,  in  the  bloom 
of  Mycenaean  art,  a  wonderful  dexterity  is 
attained,  which  leaves  little  in  the  range  of 
nature  unattempted.  In  Mycenaean  art  we  see 
for  the  first  time  the  elements  of  that  artistic 

2  D 


402 


PICTUBA 


PICTUBA 


selection  and  dramatic  force  which  it  was  the 
mission  of  the  Greeks  first  to  introduce ;  we  see 
these  qnalitiesstrongly  marked  in  the  scenes  inlaid 
and  engraved  on  the  famous  bronze  swords  found 
at  Mycenae :  especially  on  one  which  represents  a 
scene  of  panther-like  animals  chasing  birds  by  a 
riTer-side ;  although  executed  in  metals,  this  is 
A  complete  picture  of  animal  life,  of  winch  even 
the  requisite  colours  are  indicated  by  the  various 
metals  employed.  But  the  more  recent  exca- 
vations at  Tiryns  and  Mycenae  have  given  us 
still  clearer  evidence  of  the  pictorial  art  of  this 
period.  In  both  these  sites  fragments  have  been 
discovered  of  wall-paintings  which  seem  to 
have  formed  parts  of  extensive  compositions  in 
fresco.  The  largest  fragment  represents  a  bull 
charging,  coloured  white  with  red  spots  on  a 
blue  background :  above  the  bull's  back  u  the 
figure  of  a  man,  whose  peculiar  position  has  been 
explained  as  that  of  an  acrobat,  but  is  more 
probably  due  to  a  defect  of  perspective^  Besides 
this  are  on  other  fragments  part  of  a  friese  of 
figures  with  animals'  heads,  warriors,  female 
figures,  &c.  The  range  of  subjects  is  that  which 
we  are  accustomed  to  meet  with  on  the  so^atlled 
'Msland  gems"  which  begin  in  this  period 
[Scalftuba],  and  which  perhaps  more  than 
anything  show  us  the  connexion  between 
Mycenaean  art  and  the  art  of  later  Greece. 
These  subjects  are  marked  by  a  strong  native 
originality,  tinged  with  the  influence  partly  of 
Egypt,  partly  of  Asia  Minor:  in  the  bronze 
swords  and  the  wall-paintings  the  influence  of 
£gypt  is  especially  noticeable,  both  in  point  of 
technique  and  in  the  treatment  of  subject;  so 
that  perhaps  Pliny's  authority  was  unconsciously 
correct  when  he  asserted  that  the  art  of  painting 
bad  crossed  from  Egypt  into  Greece  ;  though  it 
is  certain  that  his  information  could  never  have 
extended  so  far  back  as  the  times  of  Mycenae 
and  Tiryns. 

With  the  downfall  of  the  Mycenaean  power, 
the  progress  of  art  in  Greece  doubtless  received 
A  check.  We  see  this  especially  in  the  vases : 
the  brilliant  ware  of  Mycenae  gives  place  to  the 
rude  Geometric  system  of  the  conquerors,  and 
survives  only  in  a  degraded  ware  which  repre- 
sents the  decadence  of  the  earlier  art.  In  Greece 
proper  the  heritage  of  Argos  and  Mycenae  was 
doubtless  passed  on  to  the  neighbouring  towns 
of  Corinth  and  Sicyon ;  a  process  which  is  re- 
flected in  the  legends  narrated  by  Pliny  and 
others  referred  to  above.  On  the  other  hand, 
the  traditions  of  Mycenae  had  passed  to  Asia 
Minor  and  the  islands:  the  early  pottery  of 
Rhodes  shows  that  late  down  into  the  seventh 
century  B.C.  vase-painters  were  still  employing  a 
floral  system  which  was  a  direct  survival  from 
Mycenae;  and  the  Euphorbus  pinax  found  at 
Camirus  in  Rhodes  shows,  in  the  Argive  in- 
scriptions which  it  bears,  a  direct  connexion  of 
this  style  with  Argolis.  Unfortunately,  we 
know  as  yet  very  little  of  the  early  painting  in 
the  Greek  cities  of  Asia  Minor;  but  the  little 
evidence  which  we  do  possess  seems  to  show  that 
in  the  seventh  century  B.a  this  style  of  painting 
was  practised  throughout  an  extensive  area  of 
Eastern  Hellas.  Probably,  as  the  early  Greek 
sites  of  Asia  Minor  become  more  thoroughly 
explored,  we  shall  see  that  the  painting  of  this 
period,  like  the  sculpture  and  the  poetry, 
centred  in  some  one  or  more  of  these  cities  of 


the  border.  Recent  excavations  at  Kaucratii,  s 
city  in  Egypt  colonised  principally  from  this 
district,  have  shown  us  what  the  conditions  of 
this  art  were  in  the  end  of  the  seventh  centorr ; 
and  we  have  still  further  important  evidence 
from  the  locality  in  question.  From  Glazomense 
has  come  a  series  of-  terra-ootta  sarcophagi 
painted  with  figured  decorations  in  the  ityle  of 
these  schools.  These  sarcophagi  are  of  various 
dates,  which  cover  a  considerable  period  \  the 
earlittt  was  probably  not  made  before  the  first 
half  of  the  sixth  century  B.C. ;  but  it  seemi  to 
represent  a  tradition  which  traces  its  origin 
bock  to  a  period  considerably  earlier.  In  these 
paintings  the  reddish  clay  u  first  covered  with 
a  yellowish  wliite  pigment,  upon  which  the 
design  is  first  outlined,  and  afterwards  filled  in, 
in  a  brownish  Mack.  The  subgeets  are  for  the 
most  part  friezes  of  animals,  combats  of  war- 
riors, and  hunting  scenes. 

The  technique  of  the  sarcophagi  corresponds 
with  that  of  the  earliest  class  of  the  so-cslled 
Protocorinthian  and  Corinthian  vases,  in  which, 
if  their  attributions  to  Corinth  are  correct,  we 
may  trace  an  unbroken  line  of  connexion  between 
the  art  of  Corinth  and  that  of  Mycenae.  The 
most  important  evidence  of  tha  art  is  afforded 
by  the  painted  pmakes  found  at  Pentesknphii 
[Fictile].  Here  we  have  a  series  of  sctnsi 
picture  painted  as  pictures  and  not  as  mere 
decoration,  which  throw  an  interesting  light  on 
the  various  branches  of  art  in  the  seventh 
century,  and  illustrate  the  close  connexion  then 
existing  among  them.  These,  dedicated  priac:* 
pally  to  Poseidon,  are  the  combined  prodact  of 
the  painter  and  the  potter ;  one  of  them  is  signed 
by  an  artbt  already  otherwise  known  to  ns  ss  a 
vase-painter ;  some  of  the  plaques  have  moulded 
decoration ;  and  the  scenes  represent  episodes  m 
the  arts  of  the  potter,  the  painter,  the  scnlptor, 
and  possibly  also  the  bronze  worker.  This  close 
connexion  is  very  much  what  is  reflected  is  the 
versatility  imputed  to  the  Daedalidae  in  the 
early  traditions  respecting  the  first  art-workers, 
wherein  the  members  of  one  family  furnish  the 
representatives  of  all  the  various  branches  of  art. 
The  range  of  myths  here  depicted  is  ss  yet 
small,  as  in  the  Hesiodic  shield ;  the  time  is  not 
yet  come  for  that  fulness  of  mythological 
material  which  is  set  forth  in  the  famoas  de- 
scription of  the  Chest  of  Cypselns  [StatcaMiJ 
equally  a  work  of  Corinthian  origin. 

With  the  end  of  the  seventh  century  we  retch 
a  more  definite  standpoint,  and  it  b  here  that 
we  seem  for  the  first'  time  to  find  a  historical 
background  for  the  early  artists  of  literary 
reco^.  Again,  in  the  absence  of  other  etWence, 
we  are  obliged  to  turn  to  vase-paintmgs ;  hut 
inasmuch  as  vase-painting  in  its  later  history 
certainly  reflects  the  influence  and  the  progress 
of  the  major  art,  we  may  take  this  analogy  as 
true  of  the  earlier  periods  also. 

After  the  invention  of  linear  dnwing,  Pl»aT 
mentions  Abidiceb  of  Corinth  and  TKLEPHAira 
of  Sicyon,  spargcntes  liMos  tntrts,  and  who  also 
attached  the  names  to  their  figures;  the  term 
Hneat  has  usually  been  misunderstood  as  an 
allusion  to  the  inner  markings  of  the  fig^rer 
giving  the  "drawing  of  the  eyes,  nostriMH  «» 
short  which  goes  beyond  mere  silhouette."  ^* 
cannot,  however,  suppose  that  all  prerious  artists 
Awtr  their  figures  as  blind;  and  it  is  obvioos 


PICTURA 

noRorer  firom  Tsset,  that  inner  markings  must 
bare  been  adopted  long  before  the  practice  of 
KTiting  in  the  names.  Klein  therefore  saegests 
that  this  expression  in  Pliny  refers  to  the  linear 
oruments,  borrowed  probably  from  the  imitation 
of  tatile  fabrics,  wbich  fill  in  the  background  in 
the  designs  of  the  end  of  the  seventh  and  be- 
ginning of  the  slith  centuries  B.C.  And  though 
this  explanation  npsets  the  chronological  se- 
quence of  Pliny's  statements,  we  need  not  reject 
it  on  that  ground,  for  in  this,  as  well  as  many 
ether  points,  Pliny  is  demonstrably  incor;rect. 

Next  comes  Ecphaittus  of  Corinth,  with  whose 
Btffie  are  associated  the  pictures  of  the  colour 
of  pounded  potsherd:  probably  this  expression 
mmlj  refers  to  the  deep  purple  colour  which  is 
added  in  the  earliest  Tase-paintings  of  Corinthian 
stjle,  and  which  to  Pliny*s  autlrarity  may  have 
seemed  their  most  striking  characteristic :  that 
writer  may  hare  seen  some  early  painting  signed 
hj  Ccphantns,  and  was  thus  Led  to  connect  this 
ifflprorement  with  his  name.  Like  Eucheir  and 
Ettframmns,  he  is  said  to  hare  come  out  of  Corinth 
T]th  Demaratua.  Pliny  tries  to  explain  away 
this  difficulty  bV  the  stock  method  of  imagining 
two  Ecphanti  j  but  while  the  journey  is  of  course 
legendary,  there  is  no  reason  why  we  should  not 
accept  Lcphantna  as  a  real  personality;  it  is 
eren  possible  thai  we  possess  a  monumental 
record  of  this  rery  artist  in  the  Columna  Kaniana 
(UwT,  Inschr,  Gr,  BUdh.  Ko.  5),  of  which  the 
inscription  nms  thus : — 

It  seems  likely  that  this  column,  which  was 
fotmd  at  tfeloB,  and  which,  from  its  inscription, 
d^tes  from  the  seventh  century,  supported  a 
punting ;  possibly  this  was  a  Melian  wase- 
psinting,  by  the  artist  Ecphantus,  who  thus 
dedi<ates  his  own  handiwork.* 

Cleasthss   of  Corinth  is  by  Pliny  ranked 

Ksosg  the  inventors  of  linear  drawmg;  but 

Pliny's  order  cannot  be  accepted   here,  for  it 

Kens  clear  that  the  place  of  Cleanthes  is  at 

^tast  posterior  to  that  of  Ecphantus.     In  this 

ctee  we  are  not  left  to  Pliny's  information  alone. 

^bo  (riiL  343)  notes  two  works  by  this  master 

in  the  temple  of  Artemis  Alpheiat  an  Iliupersis, 

lad  a  Birth  of  Athene.    Of  the  first  of  these 

^urea  we  know  nothing  more :  the  Birth  of 

Athene,    however,    is    fiurther    mentioned    by 

Athenaeus  (viii.  346  cX  who  describes  in  this 

pictare  the  figure  of  Poseidon  "  offering  a  tunny 

&h  to  Zeus  in  travail"    This  is  of  course  an 

«rror;  the  tunny  is  merely  the  attribute  of 

PoieJdoD,  whose  type   is  thus  distinguished  on 

^^  Pent«kuphia  pinakes ;  and  the  whole  de- 

option  seems  to  point  to  a  votive  pinax  of  this 

^^  dating  probably  from  the  seventh  century. 

h  all   probability  it  was  one    among  many 

a  thii  temple.     Strabo  couples  with  this  pic- 

t«re  another  from  the  same  temple  by  Abeqon, 

•^presenting    Artemis     on    a    Gryphon;    this 

^  however,  seems  inconsistent  with  what 

we  blow  of  tiie  methods  of  this  period,  and 

^  ^  likely  that  either  Aregon  was  of  a  much 

'at«r  date,  or   that  Strabo's  information  was 

^■rrect. 

*  ^«.  2S  M«.ia  the  fragment  of  a  flimilar  dedlcatioo 
^  ft  Xdiaa  (Taw}paiBt<r  Ka  -  - -r. 


PICTUBA 


403 


Cbaton  of  Sicyon  painted  a  man  and  woman 
on  a  whitened  pinax ;  we  ai*e  naturally  led  to 
think  of  the  vase-paintings  in  black  figures  on  a 
white  ground :  the  term  \t\tvKwfUyoSf  however, 
need  not  imply  more  than  the  practice  common 
to  all  the  paintings  of  this  period,  which  obtains 
equally  in  the  Penteskuphia  tablets  and  in  the 
Clazomenae  sarcophagi,  of  preparing  the  ground 
of  the  design  with  a  yellowish-white  pigment. 
The  *'  man  and  woman  "  of  Pliny's  statement 
suggests  the  symmetrical  pairs  of  figures  which 
are  commonly  mentioned  in  the  descriptions  of 
works  of  this  period,  such  as  the  Chest  of 
Cypselus  and  the  Spartan  basis. 

Of  Hyozainon,  DiNiA8,and  Charmadas,  Pliny 
tells  us  that  his  information  supplies  no  date; 
they  are  painters  in  "  monochrome,"  a  technique 
which  is  mentioned  nowhere  except  in  Pliny,  and 
which  he  himself  does  not  seem  to  understand : 
if  it  means  anything,  it  may  mean  that  the 
colouring  of  their  pictures  had  faded,  or  elselhat 
they  worked  in  one  colour  with  the  natural 
background,  as  in  the  vases  with  black  or, red 
figures.  In  the  latter  case,  these  a^sts  must 
necessarily  range  much  later  in  date. 

Among  the  painters  of  this  peripd  we  may 
now  include  those  whose  names  we  know  from 
monuments  which  they  'have  signed,  and  who 
are  apparently  Corinthian  artists  of  the  first 
half  of  the  sixth  century, — BjLAB,.  Chares  the  son 
of  Bias,  and  TuiOonDAS,  who  signed  one  of  the 
Penteskuphia  pinakes. 

EuMARUS  of  Athens  was  the  first  who  dis- 
tinguished male  from  female,  and  who  **  dared 
to  imitate  every  sort  of  figure."  On  the  vases 
with  black  figures  we  can  trace  the  epoch  at 
which  a  white  colour  is  gradually  introduced  to 
indicate  the  fiesh  of  female  figures.  It  is  not 
necessary  that  this  should  be  precisely  the 
change  initiated  by  Eumarus,  but  it  must  evi- 
dently have  been  something  analogous  t«  this.* 
The  two  facts  we  are  told  of  Eumarus  thus  lead 
us  naturally  to  think  of  the  early  Athenian  vases 
with  black  figures.  While  the*  Corinthian  and 
ChaJcidian  painters  probably  went  on  using  their 
creamy  white  background,  the  Athenians  used 
for  background  the  natural  brilliant  red  of  their 
clay,  and  laid  the  white  in  their  design  on  a 
surface  of  black  paint.  The  white  on  these 
vases  is  a  feature  sufficiently  striking  to  have 
attracted  Pliny's  informant;  and  the  wealth  of 
mythological  material  lavished  on  the  Francois 
vase  by  CuTiAS  and  Ebootzmub,  and  their  bold- 
ness in  attempting  difficult  motives,  may  well 
have  justified  his  expression  Ji^uras  cmnis.  Like 
these  two  artists,  Eumarus  was  also  an  Athenian ; 
and  in  the  recent  excavations  on  the  Acro- 
polis an  inscription  has  been  found  which  seems 
to  mention  his  name,  and  fixes  his  date,  if  this 
identification  be  correct,  at  the  Solonic  period  in 
which  Athenian  art  is  beginning  to  take  a  fore- 
most place.  The  vases  and  pinakes  show  ns  the 
influence  of  Corinthian  painting  on  Athens  at 
this  period. 

Pliny's  description  of  CixON  of  Cleonae  pre- 
sents grave  difficulties.  Most  critics  agree  to 
the  general  conclusion  that  the  inventions 
ascribed  to  him  are  represented  broadly  by 
what  we  see  in  the  red-figured  vases  of  the 

*  See,  however»  Horraj  in  HOUnic  Joum^  z. 
p.  243. 

2  D  2 


404 


PICTUBA 


school  of  Epictetus,  th«  date  of  which  is  now 
assigned  to  the  age  of  the  Peisistratidae.  With 
the  growing  popularity  of  the  athletic  exercises 
of  the  paUestra,  comes  in  the  preference  for 
representation  of  the  nude  figure,  in  attitudes 
and  movements  hitherto  untried;  the  innova- 
tions in  the  drawing  of  dress,  the  improved 
treatment  of  the  eye,  the  fine  inner  marlEings 
indicating  veins  and  moscles,  are  all  to  be  traced 
to  these  vases. 

Catagropha  in  this  connexion  is  .difficult  to 
explain.  Plinj's  interpretation,  which  repre- 
sents Oimon  as  the  inventor  of  profile  drawing, 
seems  altogether  untenable  ;  in  early  sculptures 
In  relief,  figures  which  would  naturallv  be  in 
profile  are  frequently  represented  in  full  face; 
but  there  is  no  evidence  of  any  such  priority  of 
full-face  treatment  in  Painting.  On  the  other 
hand,  it  is  probable  that  the  great  paintings  of 
this  time  must  have  consisted  of  outline  drawings 
with  washes  of  colour,  as  on  the  alabastos  of 
Pasiades  in  the  British  Museum.  One  explana- 
tion refers  it  to  linear  perspective,  or  what  we 
should  term  '*  projection ! "  The  most  generally 
accepted  interpretation  refers  it  to  the  practice, 
common  in  the  vase-paintings  of  this  period,  of 
indicating  the  outline  of  the  body  underneath 
the  dress,  which  adapts  itself  to  the  movements 
of  the  figure. 

A  notable  monument  of  this  period  is  the 
Stele  of  Lyseas,  an  inscribed  marble  shaft  of 
about  550-625  B.C.,  with  an  inscription  stating 
that  it  is  the  tombstone  and  portrait  of  Lyseas ; 
on  the  front  is  painted  the  full-length  figure  of 
the  deceased,  holding  in  one  hand  a  cantharus, 
in  the  other  the  twigs  of  lustration ;  the  chiton 
is  purple,  the  himation  white  with  a  coloured 
edge,  the  twigs  green,  the  cantharus  black. 
The  outline  was  first  drawn  in  a  dark  colour, 
and  the  background  is  red.  Below  is  a  minute 
figure  of  a  galloping  horseman.  The  similarity 
of  this  figure  to  the  carved  stele  of  Aristion 
shows  the  close  connexion  that  then  existed 
between  marble  painting  and  marble  relief. 
Probably  such  paintings  were  much  in  vogue, 
though  naturally  very  little  beyond  mere  frag* 
menu  of  them  have  come  down  to  us.  The 
technique  corresponds  most  nearly  to  that  of 
the  black-figured  vases.  Locschcke  has  tried  to 
show  that  the  change  from  black  to  red  figures 
in  vase-painting  was  brought  about  by  the 
influence  of  marbl6  paintings,  such  as  the  Stele 
of  Lyseas ;  but  this  suggestion  has  been  generally 
opposed  (see  Klein,  Euphronios^  p.  30,  and 
Arch.'Epig,  Mitth,  1887,  p.  209).  We  referred 
abote  to  the  statement  of  Pausantas  (vii.  22,  6} 
that  the  great  artist  Nicias  painted  a  sepulchral 
stele  at  Triteia:  this  is  important  as  showing 
that,  even  if  the  Stele  of  Lyseas  is  not  by  a 
great  master,  it  belongs  to  a  class  of  work  which 
was  not  beneath  the  dignity,  and  probably 
reflects  the  methods,  of  the  great  masters. 

Another  interesting  monument,  which  may 
prolwbly  be  referred  to  this  period,  has  recently 
been  discovered  in  or  near  Athens ;  it  !s  a  disk 
of  white  marble  pierced  with  two  bronze  nails 
for  attachment  to  a  wall ;  on  it  is  painted*  a 

*  Inthe'Apx-  AcXr^oy,1889.  p.  ISUthlsportraltls 
said  to  be  painted  In  encaiutCc,  bat  this  is  certainly  an 
«Ror ;  It  is  probably  painted  in  tempera,  like  the  Stele 
ofLrseaa. 


PICTUBA 

bearded  man  seated  in  a  chair,  and  around  the 
picture  b  an  archaic  inscription  recording  that 
this  is  the  monument  of  the  excellent  physician 
Aineos  or  Aineios.  The  name  is  an  uncommon 
one,  and  has  been  identified  with  that  of  the 
great  uncle  of  the  fiimous  Hippocrates  ;  assam- 
ing  this  to  be  a  contemporary  portrait,  the  date 
would  thus  fall  at  about  520  B.C. 

The  decoration  of  walls  by  designs  painted 
on  them  had  probably  a  direct  descent  in  Greece 
from  the  time  of  Mycenae;  unfortunately  we 
have  no  Greek  Pompeii  to  tell  us  in  what  this 
decoration  in  early  times  consisted.  There  have 
recently  been  found  at  Athens  two  fragments  of 
a  marble  painting  intended  for  insertion  into  the 
wall,  probably  of  a  tomb,  which  give  us,  per> 
haps  better  than  anything  else,  an  idea  of  the 
methods  employed  in  decorative  painting 
previously  to  Polygnotos;  it  also  offers  strong 
confirmation  of  the  close  connexion  between 
those  methods  and  the  methods  of  vase-painters 
The  groundwork  is  a  creamy  yellow,  on  which 
is  painted  a  warrior  charging;  his  figure  m 
drawn  in  outline,  and  filled  in  with  different* 
coloured  washes  for  the  various  parts  and  for 
the  drapery.  The  drawing  is  strong  and  spirited, 
though  still  retaining  traces  of  archaism ;  in 
the  field  is  an  inscription  which  seems  to  connect 
it  with  the  vase-painters  of  the  last  quarter  of 
the  sixth  century  CE^-  *Apx-  ^^7,  pL  6> 

But  if  wall-paintings  are  thus  seldom  found 
in  Qreece,  this  lack  of  material  is  in  some  degree 
compensated  for  when  we  turn  to  Italy,  it  ii 
true  that,  here  again,  the  actual  house*  and 
temples  of  early  times  have  not  surrived ;  hat 
the  Etruscans  were  accustomed  to  deconte  the 
chamber  of  their  dead  as  much  as  possible  to 
resemble  that  of  the  living ;  and  the  tombs  of 
Veil,  Caere,  and  Tarquinli  have  given  usvalaable 
series  of  early  wall-paintings.  These  paintings, 
if  not  always  the  work  of  Greeks,  are  the  living 
reflection  of  Greek  art.  All  internal  evidence 
goes  to  show  this,  and  it  further  enables  as  to 
control  the  statement  of  Pliny.  In  order  to 
show  that  the  Ecphantus  of  Cornelius  Nepo» 
cannot  be  the  same  as  that  early  painter  of 
Corinth,  he  says  that  already  (in  the  time  uf 
Demaratus)  painting  had  attained  an  independent: 
footing  in  Italy,  and  mentions  a  series  of  fullri 
coloured  paintings  at  Ardea,  Lanuvium,  aodj 
Caere,  which  existed  before  the  foundation  u^ 
Rome.  Pliny's  statement  is  here  affected  by  hi^ 
sense  of  patriotism;  the  vases  found  in  Italvj 
show  us  beyond  a  doubt  that  the  earliest  Italiaa 
paintings  were  executed  under  foreign  indaeDce. 
The  wall-paintings  of  Italy  are  the  only  class  oi 
remains  beside  vases  which  enable  us  to  trace 
the  development  of  the  art  continuously  throujrh 
all  phases;  allowance  being  of  course  made  fr 
the  time  which  must  elapee  before  each  innota- 
tlon  of  the  Greeks  could  make  way  among  the 
tomb  decorators  of  Italy. 

It  is  generally  accepted  that  the  cirliest 
examples  of  the  art  in  Italy  are  the  wall-paintings 
from  tombs  at  Veil ;  these  consist  princlpallr  o^ 
friezes  of  animals,  conventionally  or  fiuktastic^Ut 
drawn  with  long  bodies  and  long  slender  legs.-^ 
a  style  of  art  which  we  know  to  be  essentially 
Oriental,  and  which  is  doubtless  connected  witb 
the  tapestry  work  of  Meeopotamia.  In  keeping 
with  this  textile  idea,  the  groundwork  is  filled  ifl 
with  conventional  designs,  which  at  Veil  take  th< 


PICTDBA 

form  of  flonl  devicM :  these  floml  devices  are 
dnivik  in  many  respects  identical  with  the  flora 
of  Mycenaean  art;  it  seems  therefore  that  the 
art  of  Veil  represents  the  same  stage  as  that 
which  we  saw  in  the  vase-paintings  of  Eastern 
Hellas  at  the  end  of  the  seventh  century  B.c.y 
in  which  the  traditions  of  Mycenae  were  being 
combined  with  the  lessons  derived  from  Oriental 
Upestry.  The  presence  of  Mycenaean  elements 
stay  imply  that  this  form  of  art  traced  its 
cngin  to  a  much  earlier  date,  as  it  certainly 
dio  lasted  down  to  a  much  later  period  in 
Etraria,  In  the  Polledrara  tomb  at  Vulci  were 
foQDd  a  series  of  imported  objects  of  Egyptian 
duncter,  indnding  a  scarab  of  Psammetichus  I., 
vhich  probably  fixes  the  date  to  B.c.  656-611. 
Among  these  objects  was  a  large  amphora 
painted  in  a  developed  form  of  the  Veil  style, 
and  a  hydria  of  a  ware  which  is  apparentlv 
Graeco-^nrptian,  painted  in  red  and  blue  with 
a  Graeo^Egyptian  rendering  of  the  Minotaur 
legend ;  a  connexion  with  the  Egyptian  town  of 
Naacratis,  which  this  same  Psammetichus  gave 
to  the  Greek  traders,  seems  an  obvious  deduc- 
tion. The  Kancratian  traders  came  principally 
from  the  coasts  of  Asia  Minor ;  so  that  we  have, 
at  the  end  of  the  seventh  century,  evidence  of 
a  combined  Egypto-Asiatic  influence  on  Italian 
art.  It  is  this  influence  which  we  may 
suppose  reflected  in  Pliny's  statement  about 
Philodes  quoted  above,  p.  400L 

The  same  Influence  was  also  communicated 
through  another  channel,  that  of  Phoenician 
trade.  The  sit«  of  Caere  in  Etruria  marked  a 
Phoenician  settlement,  and  had  been  known  in 
earlier  times  by  the  Phoenician  name  Agylla ; 
And  the  general  character  of  Phoenician  impor- 
tations would  be  very  much  what  is  found  in  the 
Polledrara  tomb.  At  present  the  earliest  paint- 
iog«  vhich  we  have  from  Caere  are  certain 
terra-cotta  slabs,  of  which  a  series  of  five  is  in 
the  British  Museum  $  another  series,  somewhat 
later  in  date,  is  in  the  Louvre.  These  slabs 
»n-ed  as  the  wall-decorations  of  a  tomb,  so  that 
thej  may  be  considered  in  reality  as  wall-paint- 
ings. The  surface  is  covered  with  a  white  slip, 
on  which  the  design  is  laid  in  outline,  with 
vashes  In  reds  and  blacks  ^  the  white  ground  is 
left  to  stand  for  the  flesh  of  women,  while  that 
of  the  men  is  coloured  red.  The  technique  is 
tbns  very  much  the  same  as  that  which  we  have 
«o  the  Corinthian  vases  of  the  seventh  century. 
"^  subject  consists  of  a  frieze  of  figures  who 
Htm  to  represent  mourners,  and  carry  various 
offerings  to  the  dead.  On  each  sMe  of  the  door- 
war  itood  a  slab  painted  with  a  large  Sphinx, 
the  drawing  of  which  bears  an  analogy  to  that 
of  the  animals  of  Veil,  while  that  of  the  human 
^g^res  seems  to  show  the  artist's ,  want  of 
^iliarity  with  this  class  of  subject.  It  would 
Hetn  then  that  these  slabs  must  be  very  little, 
if  at  all,  later  than  the  Polledrara  hydria,  and  in 
puhlishmg  them  Mr.  Murray  suggests  B.c.  600 
»  an  approximate  date  for  them  {Hellenic 
J<»Tnal,  X.  pw  247).  This  date  brings  us  to 
^  period  when  Etruscan  art  may  have  been 
Emulated  by  the  advent  of  the  artists  escaping 
^om  the  rule  of  the  Cypsclidae  at  Corinth, 
ilvari  supposing  that  this  journey  hiid  any 
V'^  in  fact.  In  any  case,  these  artists  pro- 
^^if  chose  Etruria  as  being  a  district  already 
^Taocsd  in  art  \  and  this  would  be  some  ground 


PIOTUBA 


405 


for  crediting -Pliny's  statement  (xxxv,  §  17)  as  to 
the  antiquity  of  the  art  at  Caere.  In  the  details 
of  these  paintings  Mr.  Murray  finds  traces  of  a 
marked  Asiatic  influence,  which,  coming  pri- 
marily from  Assyria  and  Chaldaea,  was  commu- 
nicated either  by  the  Asiatic  Greeks  settled  in 
Egypt,  or,  more  directly,  from  the  Greeks  of 
Asia  Minor.  The  Etruscans  themselves  claimed 
a  Lydian  origin,  and  some  such  influence  is  at 
least  apparent  in  tlieir  early  art.  Dummler  has 
tried  to  establish  a  connexion  with  Aeolis  in 
the  early  pottery  of  Caere.  From  this  site  has 
come  a  series  of  vases  which  are  closely  related 
to  certain  fragments  from  Cyme,  and  which 
seem  to  have  been  imported,  possibly  from 
Phocaea;  in  Etruria  they  gave  rise  to  a  local 
fabric  [Vas],  which  represents  the  decadence  of 
this  imported  style. 

Though  Etruscan  art  u  everywhere  charac- 
terised by  a  certain  sturdy  realism  which  is 
unmistakable,  it  Is  always  based  upon  the  con- 
ceptions and  technique  which  it  borrowed 
principally  from  the  Greeks ;  it  has  justly  been 
compeired  with  the  art  of  the  Tuscan  School  of 
the  Renaissance,  *' which  sought  to  bring  its 
own  realistic  feeling  for  form  into  harmony  with 
the  results  of  a  renewed  study  of  classical 
antiquity,"  The  transition  from  native  realism 
to  Greek  idealism  is  especially  marked  in  the 
comparison  between  the  earlier  and  later  paint- 
ings of  Corneto  (Tarquinii),  the  best  of  which 
seem  to  point  to  a  period  corresponding  to, 
though  not  necessarily  contemporary  with,  the 
art  of  Polygnotus.  Of  thi^  painter,  and  of 
the  school  of  Greek  painters  who  followed 
him,  an  account  will  be  found  below  on  pages 
407  and  408. 

From  the  dawn  of  the  fifth  century  we  begin 
to  hear  the  names  of  painters  in  Italy,  but  at 
first,  at  any  rate,  these  are  exclusively  Greeks. 
In  the  time  of  the  kings  at  Rome,  painting 
seems  to  have  been  principally  in  use  for  the 
decoration  of  works  in  terra-cotta,  an  example 
of  which  has  been  already  mentioned,  the 
vermilion-coloured  Jupiter  of  the  Capitol.  The 
earliest  painters  named  in  connexion  with  Rome 
are  Damophilus  and  Goboasus  (Pltn.  ff.  A". 
xxxv.  §  154):  these  were  both  painters  and 
modellers,  and  decorated  in  both  branches  of 
their  art  the  temple  of  Ceres  at  the  Circus 
Maximus ;  this  temple  was  dedicated  in  493  B.C., 
and  this  date  has  consequently  been  assigned  to 
them;  Urlichs,  however,  thinks  that  Damo- 
philus  is  to  be  identified  with  the  teacher  of 
Zeuxis  (mentioned  ib.  §  61),  and  in  this  case  his 
date  would  be  about  460  B.C.,  or  contemporary 
with  Polygnotus.  Pliny's  description  leaves  us 
uncertain  as  to  the  nature  of  the  paintings  of 
Damophilns  and  Gorgasus:  he  says  that  when 
the  temple  was  restored  crustas  parieium  excitas 
tabulia  marginatis  mrJusaa  esse,  an  expression 
which  certainly  seems  to  imply  that  they  were 
wall-paintings  which  were  at  a  later  date  cut 
out  and  framed,  lliat  this  plan  of  preserving 
the  works  of  old  masters  was  not  unusual  in 
antiquity  we  know  from  examples  at  Pompeii 
and  elsewhere.  From  this  time  forward  we 
hear  little  of  painting  in  Rome :  there  were  no 
local  artists  of  any  importance,  and  communi- 
cation with  the  outside  world  was  cut  off  on  the 
one  hand  by  the  wars  with  Veii,  on  the  other 
by  the  Volsci.    Nothing  further  is  heard  of 


406 


PICTUBA 


Roixuri  minting  tiiitil  th«  middle  of  ihe  Ihtri 
century  b.c'. 

Returniog  now  id  the  hiitoiy  of  the  art 
among  the  Greeks  tiiemselres,  we  hare  seen  that 
in  the 'sixth  centary  B.C.  the  most  important 
centres  were  in,  or  bordering  iipon,  Asia  Minor, 
afad  that  it  was  ofaly  towards  the  end  of  this 
centary  that  Athens  began  to  talce  n  foremost 
part.  This  is  borne  ont'  in  the  little  that  we 
know  Arom  literary  sources  of  the  painters  of 
th^  sixth  century.  Candaules,  king  of  Lydia 
(died  B.C.  708),  is  said  to  have  purchased  at  a 
high  price  a'  painting  of  BuLA&CHns,  which 
represented  a  Battle  of  the  Magnetes  (xlj^r. 
§  55);  It  <  would '  appear  from  the  expres- 
sion of  Pliny  (rii.  §  126)  that  Candaules 
paid  the  painter  as  much  gold  as  would  corer 
the  picture  (repensam  cntro).  The  tradition, 
however,  is  very  -  doubtful :  it  was  probably 
borrowed  without  understanding  from  a  book 
by  Cornelius  Kepos,  and  is  mentioned  by  Pliny 
on  account  of  the  correspondence  between  the 
dates  of  the  death  of  Candaules  and  that  of 
Romulus. 

The  old  Ionic  or  Asiatic  painting,  the  *^  genus 
picturae  Asiaticum,"  as  Pliny  terms  it,  most  pro- 
bably flourished  at  the  same  time  lyith  the  Ionian 
architecture,  and  continued  as  an  .independent 
school  until  the  middle  of  the  sixth  century  B.C:, 
when  the  lonians  lost  their  liberty.  '  Herodotus 
(i.  164)  mentions  that  when  Harpagus  b^ieged 
the  town  of  Phocaea  (B.c.'548)  the  inhabitants 
collected  into  their  ships  all  their  valuables, 
their  statues    and  votive    offerings  from  the 
temples,  leaving  only  their  paintings,  and"  such 
works  in  metal  or  of  stone  as  could  not  easily  be 
removed,  and  fled  with  them  to  the  island  of 
Chios;  from  which  we  may  Conclude  that  paint- 
ings (probably  wall-paintings)  were  not  only 
valued  by  the  Phocaeans,  but  were  also  common 
among  them.     Long,  however,  before  the  con- 
quest of  Idnia,  Samos  seems  to  have  become  a 
prominent  seat  of  the  arts  (Herod,  iii.  60,  Iv. 
152).     We  know  that  a  school  of  sculpture  wns 
early  in  existence  there ;  and  although  the  so- 
called    ^invention**    of  Saurias  of   Samos    is 
legendary,  he  may  well  have  had  a  real  existence 
as    a  painter.      Paititing  and  sculptufe  -  went 
hand  in   hand  in  those  early  times,  and  the 
island  that  boasted  the  sculptor  Theodorus  would 
probably  have  made  its  mark   in  painting  as 
well.    Pausahias  indeed  twice  mentions  cursorily 
a  celebrated  Samiote  painter  CA.LLXPH02i,  who 
painted  the  Homeric  battle  of  the  ships  in  the 
Artemision   at    Ephesus :    the  terms   used   by 
Pausanias  clearly  point  to  the  art  of  the  first 
half  of  the  sixth  century  B.C.     In  the  temple  of 
Hera  at    Samos    was    the  celebrated    picture 
dedicated  by  Mandrocles,  a  native  of  the  place ; 
we  are  not  told   the  name  of  the  (doubtless 
local)  artist ;  it  T^as  painted  for  Mandrocles, 
who  had  constructed  for  Darius  Hystaspes  the 
bridge  of  boats  across  the  Bosporus,  and  repre- 
senteid  the  passage  of  Darius'  army,  with  the 
king  seated  on  a  throne  reviewing  the  troops  as 
they  passed.     Such  a  dedication  would  be  quite 
in  keeping  with  what  we  know  of  Samian  art 
tradition,   and    there    is    nothing   in  the  epic 
character  of  the  subject  which  would  make  it 
impracticable.     The  date  of  the  bridging  of  the 
Bosporus  must  fall  between  516-514  B.C.,  and 
the  picture  must  have  been  nearly  contemporary  | 


PICTUBA 

with  this  daM.  Another  palnt^T)  poMibVjr  also 
a  Samian,*  is  mentioned  by  Athenaeas  (v. 
p.  2106)^SiLLAX  OF  RHEQnnC)  w4ieae  pictnrs 
in  the  Stoa  at  Phlius  had  been  described  bj 
Polemo}  his  importance  is  marked  by  the  fact 
that  his  name  is  recorded  tn  the  poetry-  both  of 
Epicharmos  and  Simonides ;  and  this  fact  weald 
mark  his  dat^  at  about  B.a  470.  The  eonteia- 
porary  sculptor  Pythagortt  of  fitoos  (Rhegiao) 
is  stated  to  have  begun  life  at  a  painter  {(A 
initio  pictor) ;  another  Instance  of  the  close  con- 
nexion then  existiiig  between  the  crta.  We 
maV  <ionclude  the  list  of  Samian  painters  in  the 
fiftfk-  century  with 'the  name  of  AeAT&ABCHUSi 
SON  OF  £m>BMi7B :  unfortunately  of  thi«  tntster 
not  a  single  work  is  described  in  lit^ratare,  and 
we  know  no  more  of  hhn  than  what  can  be 
inferred  from  the  three  anecdotes  whiob  different 
writers  associate  with  hh  name.  ■  The  first  is 
given  in  Vitrurins  (vil.  praef.  10),  who  ssys 
that  Agatharchus  "  primnm  Athtenls,  Aescfayle 
(tbcente  tragoediam,  scaenam  fedt  et  de  ea  ood- 
meiitariiim  reliquit.**  From  this  it  has  beea 
'Supposed  that  this  artist  invented  soeae-paiat- 
ing,  and  that  from  him,  therefore,  dates  tU 
feeling  for  landscape  in  art  and  th%  strlvia; 
after  pictorial  illusion.  On  the  other  hand,  thb 
statement  does  not  coincide  with  that  rf 
Arntotle  (Poet.  4%  that  Sophodto  invested 
scenft-palnting ;  nor  with  What  we  know  of  the 
later  painter  Apollodorai.  Klein  proposes,  is 
thiei  light  of  recent  diacoveHes  as  to  ttie  history 
of  the  Greek  theatre,  to  refer  seiieMM  fecit  io 
the  innovation  brought  about  by  tlie  addition  of 
the  fftaipii  (the  stage  proper)  to  the*  old  dandBg 
ring:  this  dxpression  might  well  have  beea 
misunderstood  by  Vitravins,  whosd  references  to 
treatises  left  by  artists  and  architects  are  rarely 
to  be  trusted.  The  second  anecdote  representt 
him  as  aet  down  by  a  reply  of  the  oelebnUed 
younger  master  Zeuxis,  to  whom  he  had  boasted 
of  his  rapid  rate  of  work  (Pint.  Perid,  13> 
The  third  anecdote  relates  how  Agatharehns, 
refusing  on  the  score  of  overwork  to  decorate 
the  house*  of  Alcibiades,  was  locked  up  by  him 
until  the  decoration  was  completed ;  er,  aceord- 
ing  to  another  version,  until  the  artist  escaped. 
We  tlius  see,  at  any  rate;  that  Agfetharchn 
was  a  contemporary  of  AeschyTuA,  of  Zeuxis,  and 
of  Alcibiades ;  Aeschylus  dieKl  In  ^  11.0.  456,  sod 
the  speech  of  Andocides  redbrditig  the  Aleibiades 
story  wte  probably  delivered  in  B.Q  416.  It 
has  therefore  been  supposed  that  there  most 
have  been  two  Agatharchi  (see  Dkft,  Bio^.  s.  t.)» 
but  this  supposition  is  not  generally  accepted. 

Here  ibr  the  present  ends  onr  infi»rmstion 
about  the  Samian  School :  between  this  time  and 
the  period  of  the  DiadochI,  when  Theon  comes 
Wrward;  Samos  is  only  represented  by  one  or 
two  insignificant  names.  But  that  Samos  pre- 
served always  the  tradition  of  a  great  achool  of 
painting,  we  see  from  the  act  that  the  famous 
contest  between  Parrhasius  and  Tlmaathes  took 
place  there ;  moreover,  the  temple  of  the  Samisa 
Hera  was  a  perfect  storehouse  of  pictures,  which 
lasted  even  down  to  the  tin»e  of  Strabo(xiv. 
p.  637  C),  who  says,  "The  ancient  shrine  and 

•  Klein  iArck,'Spig.  mUk,  xii.  p.  $7)  Ctalmi  SOltf 
as  a  Samian,  but  on  no  very  strong  grooidB.  He  l«  con- 
temporary with  Pythaeons  and  Clesithiia,  bolh  of  whom 
axe  called  "of  Bhegtum,"  boi  are  in  nality  U^aam. 


PICTURE 


PICTURA 


407 


teri^  temple  of  Hera  is  now  a  pfcture  gallery 
[Pikaootseca];  and  besides  the  quantity  of 
pictnrei  here  exhibited,  there  are  also  other 
galleries  and  little  shrines  which  are  fall  of 
speeimeBs  of  ancient  art."  We  saw  that 
Agatharchns'  sphere  of  activitj  lay  in  Athens, 
aui  it  is  to  Athens  on  the  one  hand,  to  Colophon 
and  EphesQs  on  the  other,  that  the  heritage  of 
SamJao  painting  is  now  passed. 

The  art  of  Uie  sixth  century  at  Athens  has 
Bofortunately  offered  hitherto  but  little  direct 
mooomental  erridence  either  to  the  ancients  or 
oanelres.  The  recent  excarations  on  the  Acro- 
polis haTe  brought  to  light,  however,  monu- 
OKBts  which,  fragmentary  as  they  are,  yet 
Uirow  a  brilliant  light  upon  a  period  of  which 
the  ancienta  knew  but  little.  The  sack  of  the 
Acropolis  by  the  Persians  in  B.C.  480  must  have 
destroyed  most  of  what  would  otherwise  hare 
Mrred  for  the  art  history  of  pre-Pendan  times. 
Possibly  some  scattered  pieces  were  saved  from 
the  wreck,  and  may  have  been  set  up  at  the 
time  of  Gimon's  administration  in  the  pinaco- 
theca  of  the  Propylaea;  and  on  these  chance 
sanivals  the  knowledge  of  the  ancients  was 
principally  baaed.  '*  If  therefore  such  a  painter 
u  Clitiaa  is  not  named  by  Pliny  as  well  as 
Enmarns,  this  is  merely  owing  to  the  chance 
that  the  &ther  of  art  history  K>und  no  picture 
by  this  artist  on  the  Acropolis."  Art  -and 
hsDiiicraft  are  originally,  as  we  have  seen  at 
Corinth,  not  separated ;  and  probably  the  early 
red-fignied  vases,  made  at  Athens  and  exported 
theuce  to  varions  sites,  reflect  the  art  of  the 
psiaters  of  Peisistratid  times;  a  developed 
dnina  did  not  yet  exist ;  and  it  would  appear 
that  these  artists,  both  great  and  small,  drew 
their  inspiration  from  the  Cyclic  and  the  Lyric 
poets.  As  time  went  on,  the  gulf  between  art 
and  handicraft  gradually  widened;  and  the 
genius  of  PoLTGNOTUB,  in  the  middle  of  the 
fifth  century,  finally  raised  painting  to  a  level 
iir  above  that  of  the  handicraftsmen. 

With  Polygnotns  the  history  of  Greek  painting 
ss  an  independent  art  may  be  said  to  begin,  and 
in  this  sense  we  may  accept  the  statement  of 
Tbeophrastna  (ante)  that  this  artist  was  the 
"'inventor  "  of  painting.  It  is  the  period  of  the 
great  reaction  at  Athens  succeeding  to  the 
Persian  wara,  and  for  the  first  time  we  hear  of 
great  historical  compositions,  and  of  painters 
recognised  aa  public  characters.  The  limited 
s[«ce  of  this  article  necessarily  precludes  any- 
thing like  a  general  notice  of  all  the  various 
prodttctions  of  Greek  painters  incidentally  men- 
tioned in  ancient  writers.  With  the  exception, 
therefore,  of  occasionally  mentioning  works  of 
extnu>rdinary  celebrity,  the  notices  of  the 
Tsrious  Greek  painters  of  whom  we  have  any 
misfactory  knowledge  will  be  restricted  to 
those  who,  by  the  quality  or  peculiar  character 
•f  their  works,  have  contributed  towards  the 
establishment  of  any  of  the  various  styles  of 
pahkttiig  practised  by  the  ancients.  A  fuller 
^ceonnt  of  each  artist  will  be  found  under  their 
Rspeetive  names  in  the  Dtctionary  of  Greek  and 
imam  Biography. 

The  fiune  of  Polygnotns  u  chiefly  associated 
^th  Athens ;  he  was  bom  at  Thasos,  and  came 
«f  a  family  of  Thasiote  artists;  his  father 
Aglopfaon,  and  his  brother  Aristophon,  being 
M   recorded    as  painters  of  note.      Of  the 


details  of  bis  life  we  know  very  little  ;  just  as 
his  great  contemporary  Pheidias  started  life  as 
a  painter,  so  Poiygnotus  is  spoken  of  as  having 
had  some  experience  in  sculpture :  an  association 
between  the  two  arts  which'  is  deariy  reflected 
in  the  sculpture  of  the  time.  His  period  of 
activity  seems  to  have  lain  between  B.O.  475 
and  430.  Attracted  to  Athens  among  the 
artists  whom  Cimon  was  employing  for  the 
reconstruction  and  adornment  of  the  city,  he 
won  for  himself  the  freedom  of  that  city,  and  a 
special  honour  from  the  Amphictyons,  by  his 
gratuitous  work  at  Athens  and  at  Delphi.  He 
became  the  leader  of  a  school  of  painters  who 
worked  on  the  same  monuments,  and  probably 
much  in  the  same  manner,  as  himself;  principal 
among  these  were  Panaenus,  a  relation  of 
Pheidias,  and  Micon,  like  his  leader  both  sculptor 
and  painter,  and,  like  him  too,  of  Ionic  origin. 

Unfortunately,  in  many  cases  where  these 
artists  were  employed  conjointly,  we  cannot 
always  decide  which  subjects  to  assign  to  each 
of  the  respective  masters.  In  all  probability, 
the  earliest  works  which  can  with  certainty  be 
attributed  to  Poiygnotus  were  the  large  com- 
positions with  which  he  decorated  the  Lesche  or 
assembly  hall  of  the  Cnidians  at  Delphi,  repre- 
senting the  Sack  of  Troy  and  the  Vision  of 
Hades.  These  paintings  are  celebrated  in  an 
epigram  of  Simonides:  now  we  know  that  in 
B.O.  477  the  poet  went  to  Sicily,  and  that  in 
B.a  467  he  died ;  so  that  the  paintings  were 
probably  executed  at  least  before  B.a  470. 
rausanias  devotes  seven  chapters  (x<  25-31)  to 
their  description,  and  from  this  we  can  gather  a 
very  fair  idea  of  the  general  character  of  the 
compositions.  The  figures  were  arranged  in  an 
extended  form  of  frieze,  but  grouped  on  different 
levels,  and  lacking  that  pictorial  unity  which  a 
definitive  background  supplies  in  modem  paint- 
ing. Each  figure  had  the  name  written  over  it, 
and  the  wall  was  covered  \sith  distinct  groups, 
each  telling  its  own  storv,  but  all  contributing 
together  to  relate  the  tale  of  the  general  com- 
position. They  were  in  fact  painted  histories, 
and  each  group  was  no  further  connected  with 
the  contiguous  groups,  than  that  they  all 
tended  to  illustrate  different  facts  of  the  same 
story.  Intended  as  they  were  for  the  decoration 
of  architecture,  they  were  subservient  to  tectonic 
laws ;  as  in  sculpture  in  relief,  what  was  not 
absolutely  necessary  to  illnstrate  the  principal 
object  was  indicated  merely  by  symbolism :  thus, 
in  default  of  more  elaborate  scenery,  locality 
was  suggested  rather  than  expressed, — a  tree,  a 
house,  or  a  piece  of  water  representing  what  the 
knowledge  of  each  spectator  would  easily  supply 
for  himsdf. 

If  we  consider  the  narrow  limits  thus  imposed 
on  Polygnotos  by  his  obedience  to  aucient  laws 
and  canons  not  yet  broken  through,  we  shall 
expect  to  find  his  real  claims  to  the  advance- 
ment of  art  more  set  forth  in  the  details  of  his 
style  and  treatment  of  his  subject;  and  this  is 
precisely  what  is  most  noted  of  him  by  ancient 
writers.  While  he  inherits  the  strength  and 
firmness  of  his  more  archaic  predecessors,  he 
adds  a  breadth  of  style  and  an  sestbetic  beanty 
which  is  less  external  than  inherent  within  the 
character  of  his  subject.  This  is  what  Aristotle 
means  when  he  (Poet.  c.  6)  speaks  of  him  as  an 
ieyaBbs  ^Ooypd^r,  an    excellent   delineator   of 


408 


PICTURA 


PICTUBA 


moral  character,  and  assigns  to  him  in  this  respect 
a  complete  superiority  over  Zeuxis ;  and  again 
{ibid,  c.  2),  speaking  of  imitation,  when  he  re- 
marks that  it  must  be  either  superior,  Inferior,  or 
equal  to  its  model,  illustrating  his  point  by  the 
cases  of  three  painters :  *'  Polygnotus,"  he  says, 
"^paints  men  better  than  they  are,  Pauson 
worse  than  they  are,  and  Dionysius  as  they  are." 

Pliny  says  (zxzt.  §  58)  that  he  was  "the 
first  to  paint  women  with  translucent  drapery, 
and  to  decorate  their  heads  with  yarious  coloured 
head-dresses;  but  that  his  greatest  contribu- 
tions to  painting  were  those  of  opening  the 
mouth,  showing  the  teeth,  and  that  he  ga^^e 
expression  to  the  countenance  by  altering  its 
archaic  stiffness."  It  is  in  these  last  character- 
istics that  we  see  the  revolution  brought  about 
by  Polygnotus;  he  endeavours,  in  the  whole 
treatment  of  the  body,  to  impart  an  individual 
character ;  especially  in  the  face,  so  that  a  poet 
of  the  Anthology  (iln^A.  Or,  iii.  147  B)  might 
say  of  his  Polyzena  that  *'  in  her  eyelids  lay  the 
whole  of  the  Trojan  war."  It  is  probably  mote 
than  a  coincidence  that  in  his  works  we  have 
the  first  glimpse  of  portrait  painting  in  the 
modem  sense.  The  artist  loved  Elpinice,  the 
sister  of  the  great  Cimon ;  and  her  portrait,  as 
Laodice,  figured  among  the  Trojan  women  re- 
presented by  him  in  the  Stoa. 

With  Polygnotus  the  art  of  Painting  was  in 
point  of  conception  and  spiritual  beauty  at  its 
zenith;  but,  unlike  sculpture,  it  was  as  yet 
lacking  in  technical  power;  as  Woermann 
(p.  43)  says,  *'It  truly  entered  into  possession  of 
its  full  technical  means  in  a  later  generation, 
when  the  arts  of  Greece  were  no  longer  bent 
upon  their  Ideal  mission  in  the  same  high 
earnest  as  of  old."  The  range  of  colours  was 
scanty;*  and  though  we  hear  of  special  local 
tints  being  applied  (e.g,  the  £urynomus  in  the 
Nekyia  coloured  blue-black,  like  a  carrion  tiy, 
as  Pausanias  says),  there  is  no  suggestion  of  a 
transition  of  tones  or  of  local  light  and  shade. 
Indeed,  this  is  the  more  natural  when  we 
remember  that  no  determinate  background  was 
used,  but  probably  the  figures  stood  out  on  the 
white  ground  of  the  wall. 

If  we  wish  to  realise  the  spirit  of  Polygnotus' 
paintings,  it  is  principally  to  the  sculptures  of 
the  time  that  we  must  look ;  and  specially  to 
the  series  of  reliefs  upon  the  marble  lekythi 
and  sepulchral  stelae,  which  breathe  the  same 
qualities  of  pathos  that  underlay  the  paintings 
of  this  master,  and  the  bloom  of  which  art  falls 
Just  in  his  time.  Possibly  even  the  motives  of 
theso  sculptures  may  suggest  the  types  which 
Polygnotus  had  created  for  his  great  picture  of 
Hades.  The  influence  which  his  art  exercised 
upon  sculpture  is  best  shown  in  the  frieze  of 
the  Graeco-Lycian  monument  of  Gj5lbaschl, 
where  more  than  one  motive  (e.g,  the  Slaying  of 
the  Suitors  by  Odysseus)  is  directly  inspired  by 
the  painting  of  the  same  subject.  But  as  far  as 
mere  types  are  concerned,  much  is  probably  still 
to  be  obtained  from  the  study  of  vases.  The 
gulf  between  art  and  handicraft  is  widening,  and 
*Mhe  polychrome  rase-pain tings  (on  a  white 
ground)  are  a  last  attempt  to  keep  pace  with 
the  greater  art,  but  for  the  most  part  are  not 

*  Cicero  ssjs  be  used  only  four  colours ;  Plutarch 
luunes  wxP*'«  9-umwit,  uiKaSt  injKuK* 


worthy  of  the  simple  colouring  of  Polygnotus."' 
On  some  red-figured  rases,  howerer,  of  the  time 
of  Meidias,*  it  is  now  shown  that  the  scenes 
depicted  have  a  close  relationship  with  the 
painter, — a  fact  borne  out  by  the  inscriptions 
which  they  bear,  and  which  are  written  in  the 
Parian-Thasian,  and  not  the  Attic,  alphabet. 
Diimmler  has  collected  as  many  as  six  such  in- 
stances, and  more  will  doubtless  be  now  identified. 

For  a  list  of  the  various  works  of  Polygnotas 
and  his  contemporaries,  we  must  refer  the  reader 
to  Orerbeck's  Schriftqttelien.  It  Is  sufficient  to 
say  here  that  their  principal  sphere  seems  to 
have  been  Athens,  and  the  wealth  of  Athenian 
local  myths  supplied  them  with  the  most  varied 
and  extensive  themes.  It  was  a  time  when  the 
luxuriance  of  Ionic  art  was  taking  a  hold  upon 
Athens,  not  in  painting  alone,  bat  in  the  whole 
range  of  Attic  culture ;  and  this  movement  is 
continued  in  the  greatest  of  the  colleagues  of 
Polygnotus,  Micon  and  Panaenus. 

Both  had,  like  their  leader,  strong  instincts  in 
the  direction  of  sculpture.  Panaenus  was  of  the 
family  of  Pheidias ;  MioON  was  himself  a  sculp- 
tor. He  is  the  only  great  painter  of  whom  we 
have  as  yet  a  direct  monumental  record ;  and, 
curiously  enough,  this  record  is  concerned,  not 
with  a  picture,  but  with  a  statue.  At  Olympia  a 
square  base  was  found  (L5wy,  Tnadir.  Gr,  ^ildh. 
"So.  41)  which  had  supported  a  bronze  statue  ^ 
the  inscription  showed  that  this  statue  had  re- 
corded the  victory  in  the  pancration  of  **  Caliiax, 
son  of  Didymton,  an  Athenian  ; "  and  added 
MiKv¥  ixoiriirfy  *A07ivms.  This  very  statue  l« 
described  by  Pausanias  (vi.  6,  1),  who  gives 
further  in  another  passage  (v.  9,  8)  the  date  of 
Callias'  victory  as  the  77th  Olympiad  (RC.472- 
469) ;  the  statue  must  have  been  set  up  soon  after 
this  date.  Another  inscribed  base  (L5wy,  No. 
42),  found  at  Athens,  records  a  statue  made  by 
'*  Micon,  son  of  Phanomachus,"  thus  correcting 
the  form  of  the  name  (Phanochus)  given  in  the 
Scholiast  to  Aristoph.  Lysist.  679.  These  sUto^s 
of  Athletes  remind  us  of  Pliny's  statement  that 
Micon  was  specially  esteemed  for  this  class  of 
work  Q*  Micon  athletis  spectatur  "). 

Of  Micon*s  birth  and  life  we  know  otherwise 
very  little.  In  spite  of  the  evidence  afforded  by 
the  Olympia  base,  he  has  usually  been  considered 
as  of  un-Attic  origin,  on  account  of  the  Ionic 
character  of  his  writing.  But  the  evidence  of 
his  work  all  points  to  his  being  an  Athenian ; 
the  subjects  both  of  his  sculpture  and  of  his 
painting  are  Attic^  and  it  is  here  that  his  ac- 
tivity was  chiefly  displayed.  Six  of  his  works 
are  known  to  us,  viz.  (1)  Battle  of  Amazons, 
and  (2)  Battle  of  Marathon,  both  in  the  Stoa 
Poikile ;  (3)  an  Argonautic  scene,  possibly  the 
funeral  games  of  Pelias,  in  the  Anakelon;  (4) 
Battle  of  Amazons,  (5)  Battle  of  Centaurs,  snd 
(6)  The  Recognition  of  Theseus,  all  in  the 
Theseion.  In  describing  this  last,  Pausanias  go^^ 
on  to  relate  the  end  of  Theseus;  and  this  has 
generally  been  considered  as  the  description  of  a 
seventh  picture :  Klein,  however,  shows  good 
reason  for  the  opinion  that  this  is  merely  an 
excursus  of  the  garrulous  topographer,  and  must 
not  b^  included  among  Micon's  paintings.    The 

*  It  Is  worth  noting  that  one  vase-painter  of  ^}^ 
period  is  named  Polygnotus :  a  vase  signed  by  bha  ii  '^ 
the  British  Museum. 


PICTURA. 


PICTUBA 


409 


cIo$e  connexion  existiog  between  the  great 
trttstc  of  this  period,  and  the  probable  slmilaritj 
cf  their  style,  is  shown  in  the  fact  that  the 
Marathon  ascribed  to  Micon  (No.  2)  was  probably 
painted  by  Panaenns,  and  that  some  of  the  works 
in  the  Theseion  are  in  one  author  attributed  to 
Pdygnoins. 

Pasaekub,  if,  as  is  nearly  certain,  he  was 
the  brother^  of  Pheidias,  probably  in  that  case 
jvgan  his  training  under  their  father  Char- 
mides,  who  most  hare  been  also  a  painter. 
Hu  personality  is  overshadowed  somewhat  by 
tbe  snperior  claims  of  his  greater  brother ;  but 
the  fact  of  his  being  ch(wen  to  paint  the  Battle 
of  Marathon,  and  to  decorate  the  throne  rails 
snd  walls  of  the  great  temple  of  Olympian  Zens, 
show  the  high  esteem  in  which  his  art  was  held. 
From  the  description  which  Pausanias  gives 
(y.  II,  5)  of  hu  Olympian  paintings,  it  is 
fTident  that  his  method  corresponded  to  that  of 
nis  contemporaries  already  described.  With  him 
we  hear  for  the  first  time  of  those  contests  of 
f«iDters  which  seem  to  have  attracted  the  great 
muters  in  subsequent  times  to  exhibit  oompe- 
t;tiTe  works  usually  at  the  great  games  or 
religious  festiyals.  Panaenus  is  recorded  by 
Phny  (xxxT.  §  58)  as  having  been  defeated  in  such 
a  competition  at  the  Pythia  by  Timagoras  of 
Chalkis,  an  Ionic  master  who  is  otherwise  un- 
kiMwn.  Probably  Pliny  had  derived  this  story 
frum  a  copy  that  he  may  have  seen  of  a  metrical 
inscription  of  Timagoras,  and  this  would  explain 
tbe  "  Timagorne  vetusto  carmine  **  in  the  passage 
(iPlmyr 

Of  Arirophox  the  brother  of  Polygnotus,  and 
br  Plato  reckoned  as  his  equal,  some  well-known 
f-tctnres  are  quoted  in  Pliny  and  Plutarch :  of 
these  a  numeroaa  tabula  is  probably  to  be 
iilentified  as  the  principal  scene  of  an  Iliupersis, 
Q  which  Priamus,  Helena  and  TlciOii,  Ulixes  and 
Ay^ni,  and  Deiphobus  appear,  possibly  (as 
■^dmarosa  would  seem  to  implv)  as  an  excerpt 
:rom  a  large  composition.  resides  this,  we 
^laTe  an  Astypalaea  grieving  for  her  son  Ancaeus, 
vounded  by  a  boar  (suggestive  of  Adonis  and 
Aphrodite);  a  Philoctetes  (probably  the  same 
vhich  Pliny  saw  in  the  Pinacotheca  of  the 
FVopTlae*  at  Athens) ;  and  a  picture  commemo- 
rating the  agonistic  victories  of  Alcibiades.  This 
'Ut  subject  has  given  rise  to  much  discussion ; 
''Be  author  (Satyrus)  makes  of  it  two  pictures, 
t^e  one  representing  Olyropias  and  Pythias 
•  rowning  Aldbiades,  the  other  Nemea  sitting 
vith  Aldbiades  in  her  lap.  The  other  authority 
(Plutarch)  names  simply  Nemea  seated  with 
Aldbiades  in  her  arms,  and  adds  that  it  caused 
qaitea/icrore  in  Athens;  but  "the  elders  took 
>t  ill,  as  savouring  of  tyrannia  and  lawlessness 
(vapor^fiots)."  Klein  explains  the  TtapeofSfiois 
^^  referring  to  a  peephisma  of  the  Athenians 
^Jrbiddlng  any  one  from  attachmg  to  a  female 
iltre  or  hetaira  the  name  of  a  Penteteris.  The 
t^nns  of  the  description  make  it  clear  that  it 
v»  one  picture.  Satyrus  says  that  the  painting 
«u  *A7Xao^rTOf  ypi/^v :  if  this  is  so,  we  must 


*  Scnbo  calls  him  the  aStk^iiov^,  which  would  seem 
V  QMaa  "nephew."  of  Phetdias.  Pausanias,  Pliny,  and 
Hitaich,  OD  the  other  hand,  call  him  the  *•  brother ; " 
u^  this  would  seem  better  to  suit  the  chronology,  seeing 
thAt  be  psinted  in  tbe  Stoa  Poikile  contemporaneously 
*ith  Mygnotos  and  MIcon. 


imagine  an  Aglophon  the  second,  for  it  is  not 
possible  that  the  father  of  Polygnotus  could  have 
lived  so  long.  Probably  either  Satyrus  or  his 
quoter  (Athenaeus)  must  have  omitted  the  name 
of  the  son,  and  the  quotation  should  run 
'Apurro^KTOf  roS]  'A7Aao^vrof. 

Two  more  painters  must  be  named  here,  the 
tragedian  Euripides  (b.c.  480-406),  who  began 
life  in  this  profession,  and  whose  pictures  were 
to  be  seen  at  Megara ;  and  Pauson,  whose  name 
is  thrice  mentioned  by  Aristophanes  in  plays 
which  give  for  him  a  margin  of  date  between 
B.G.  426-389 ;  only  one  work  of  Pauson  is 
recorded,  a  horse  painted  to  order,  which  from 
one  aspect  appeared  to  be  galloping,  and  when 
inverted  seemed  to  be  rolling  in  the  dust ;  but  he 
Is  brought  by  Aristotle  into  comparison  with 
Polygnotus  in  the  passage  already  quoted  {Poet, 
2),  where  he  says  that  Polygnotus  painted  men 
as  better,  Pauson  as  worse  than  reality,  while 
DiONTSius  (of  Colophon)  represented  them  as- 
they  are.  Of  this  last  painter,  we  learn  from 
Aelian  (  Var,  Hist,  iv.  3)  that  he  imitated  the 
technique  and  style  of  Polygnotus  in  everything 
except  its  grandeur  (jUf7<f0ovr) ;  while  from 
Plutarch  (2ttno/.  36)  it  would  seem  that  his 
method  was  lacking  in  ease. 

With  Apollodorus  of  Athens  a  new  epoch  is 
commenced,  of  such  Importance  that  Pliny  says 
of  him  that  he  was  *Hhe  first  to  give  the- 
appearance  of  reality  to  his  pictures  {exprimere 
species),  and  to  bring  the  brush  into  just  repute." 
The  great  discovery  here  alluded  to  is  the  in-- 
vention  of  atrial  perspective,  the  treatment  of 
different  planes,  the  right  management  of 
chiaroscuro  and  the  fusion  of  colours  (Plut.,d^ 
gloria  Atk.  2,  4^€vpinf  ^op^  Ktd  iat^xp^^a^ 
(TKtas),  so  that  he  earned  the  title  of  ffKiaypdposn 
and  Pliny  can  say  that  before  him  no  easel 
picture  (tabttia)  had  existed  fit  to  charm  the 
eyes  of  the  spectator.  Doubtless  the  school  of 
Polygnotus  had  paved  the  way  for  this  chaise  : 
such  a  detail  as  that  in  the  **  Vision  of  Hades  " 
by  Polygnotus,  representing  the  river  of  Acheron 
with  fish  and  pebbly  bed  seen  through  the  water; 
his  practice  of  pladng  his  figures  on  different 
levels;  and  the  figures  on  upper  levels  half 
hidden  by  a  line  of  hill, — ^these  seem  to  bespeak 
a  step  immediately  preceding  that  of  true  per- 
spective ;  and  it  was  Apollodorus  who  took  this 
step.  The  scarcity  of  actual  records  of  his  workn 
prevents  our  knowing  whether  his  great  fame 
{6  Kk^tvhs  iy  'EAA<(8d  watrta^,  sap  Nicomachus 
the  painter-historian)  is  due  to  their  individual 
excellence  as  much  as  to  the  value  of  his  new 
discovery.  Two  of  his  works  are  recorded;  » 
priest  in  prayer,  and  an  **  AJax  struck  by  light- 
ning, at  Pergamon."  This  last  picture  has  been 
quoted  as  an  example  of  the  pictorial  treatment 
of  Apollodorus ;  as  if  it  had  shown  Ajax  in  his 
ship,  with  startling  effects  of  light  and  shade. 
Furtwilngler,  however,  is  probably  right  in 
suggesting  that  it  was  not  Ajax,  but  the  picture 
itself,  that  had  suffered  disaster;  the  same  thing 
had  happened  to  a  painting  of  Parrhasius :  Pliny 
records  (xxxv.  §  69)  that  a  painting  of  this  artist 
at  Rhodes  had  been  thrice  struck  bv  lightning 
and  not  consumed  (ww'roctifo).  Possibly  the  Ajax 
picture  also  contained  the  picture  of  Odysseus, 
of  which  the  Scholiast  to  77.  x.  265  says  that 
this  artist  was  the  first  to  represent  him  wearing 
a    seaman's  cap,  pihs  (wffSros    iypw^t  vtXo» 


410 


PICTURA. 


PICTUEA 


'Odvo'0'Ci).  His  date  is  specially  giren  by  Pliny 
(zxxv.  §  60)  as  the  93rd  Olympiad  (b.o.  408* 
405);  but  if  we  may  judge  from  his  relations 
with  Zenxisy  it  must  go  back  considerably  before 
that  time.  It  is  from  this  age  that  the  estab- 
lishment of  easel-painting  may  be  supposed  to 
date ;  for  although  paintings  on  slabs  of  marble 
and  terra-cotta  were  naturally  In  rogue  from 
early  timei,  it  is  only  now  that  they  begin  to 
occupy  the  front  piace,  hitherto  held  by  the 
monumental  paintings  of  Polygnotus ;  and  this 
is  the  meaning  of  Pliny's  statement,  '^neque 
ante  eum  tabula  ullins,"  &c. ;  apart  from  which, 
Pliny's  sources  of  information  seem  to  deal  with 
easel  pictures  alone,  and  to  practically  ignore 
the  great  epoch  of  monumental  painting. 

During  the  period  which  now  terminates, 
Athene  takes  the  lead  in  painting,  under  Poly- 
gnotus and  ApoUodorns,  as  she  had  done  under 
Pheidias  in  sculpture.  Though  the  artists  who 
brought  this  about  wei'e  not  all  Athenians  by 
birth,  Athens  was  the  chief  seat  of  their  in- 
dustry; and  even  afberwards,  when  by  the 
Peloponnesian  wars  Athens  had  lost  her  supre* 
macy,  she  still  continued  an  important  centre, 
although  the  art  of  painting  now  branches  off 
into  other  directions,  and  is  no  longer  so  cen- 
tAilised.  It  has  been  customary  to  consider 
the  sequence  of  the  new  schools  as  (1)  Ionian, 
^2)  Sicyonian,  and  (3)  Theban-Attic.  But  since 
Athens  continues  to  have  an  important  share,  it 
is  better  to  accept  two  main  branches  only,  riz. 
(1)  the  Hellodic,  of  which  Athens  is  the  centre, 
as  opposed  to  (2)  the  Asiatic. 

Chief  of  the  successors  of  Apollodorus  was 
Zeuxis  of  "  Heraclea."  Of  the  many  towns  of 
this  name,  we  cannot  be  sure  which  one  is  meant. 
Most  critics  have  explained  it  as  the  town  in 
Lncania,  on  account  of  the  subsequent  connexion 
of  Zeuxis  with  that  region,  the  pictures  he 
painted  for  Agrigentum  and  Kroton,  and  because 
his  teacher  is  named  Damophilus  of  Himera. 
Klein,  however,  points  out  that  this  Heraclea  was 
not  founded  until  B.C.  432,  whereas  Aristophanes 
already  in  the  Ax^arnians  (I.  991)  dames  a 
picture  by  Zeuxis ;  the  date  of  this  play  is.  B.C. 
426,  so  that  the  picture  mentioned  must  have 
been  painted  in  the  seventh  year  of  his  age. 
Klein  thinks  that  the  Heraclea  in  Pontus  is 
referred  to,  the  **  Heraclea  "  pew  excellence^  and 
that  would  account  for  his  being  taught  by  a 
Thasiao,  Neseas.  At  any  rate,  he  came  early  to 
Athens,  and  Xenophon  tells  us  of  the  warm 
interest  which  Socrates  felt  in  the  young  artist. 
In  the  Protagoras  of  Plato  he  is  spoken  of  as  a 
vccu^o-icor,  just  arrived  at  Athens  from  Heraclea ; 
this  would  give  us  a  date  for  the  youth  of  Zeuxis 
as  between  01.  89-90  (b.c.  424-417).  Pliny, 
following  some  chronological  authority,  says 
that  Zeuxis  **  entered  the  doors  of  art  which  had 
been  opened  by  ApoUodorns  in  01.  95.  4;  •  .  . 
others  assert  falsely  OL  89."*    It  is  evident  at 

*  The  same  Idea  in  a  poetic  fonn  is  expressed  in  a 
verse  of  Babrius  (see  Rhein.  Mtu.  1850,  p.  479).  Klein 
suggests  that  the  ApoUodorns  mentioned  in  the  second 
port  of  Pliny's  passage,  **In  eum  ApoUodorns  snpra 
scriptns  versum  fecit,"  was  not  the  painter,  bnt  the 
cfaronologist  of  that  name ;  this  does  awaj  with  the 
necessity  of  supposing  peieonal  relations  to  have  existed 
between  the  painter  ApoUodorns  and  Zeuxla,  and  dis- 
poses of  the  grave  difficulties  which  remain  In  the 
poassfle  even  if  we  accept  the  emendation  ipti  for  iftit. 


any  rate  that  he  belongs  to  the  last  years  of  the 
fifth  and  beginning  of  the  fourth  century.  That 
he  adopted  and  extended  the  improved  methods 
of  Apollodoms  Is  evident ;  and  that  he  won  for 
his  art  a  aoclal  standing  far^bove  what  had 
hitherto  been  attained.  Is  ^own  by  the  anecdotes 
recorded  of  him:  how  that  he  gave  away  his 
works  as  being  beyond  all  price  (osaaUy,  It  is 
true,  to  the  most  infinential  patrons) ;  how  he 
composed  an  epigram  ftm/gfietTei  vis  ^toXAer  ^ 
fii/i'ia'enuf  ''eaaler  to  carp  than  to  copy ; "  and 
how  he  acquired  so  much  wealth  ^  at  in  osten- 
tatione  eamm  (opum)  Olympsaa  aurais  litteris 
in  palliorum  tesseris  intextom  nomen  suam 
oftentaret."  This  has  usually  been  explained  ss 
implying  that  Zeuxis  wore  at  Olympla  a  robe  in 
which  his  name  was  woven  in  gold  letterk 
Such  an  interpretation  involves  a  difficolty,  both 
m  the  ablative  ostentatione  of  the  M8S.  (which 
must  then  be  altered  to  the  accnsativeX  and  also 
in  the  plural/M^IAiorKiii.  Kl<An*a  explanation  gets 
rid  of  this  difficulty :  Zeuxis  really  exhibited  lus 
treasures  at  Olympia,  and  the  palUa  allude  to 
the  curtains  hnng  in  front  of  his  pictures  there. 
That  curtains  were  thus  used  is  shown  by  the 
well'^known  story  of  the  curtain  painted  br 
Parrhasius,  and  by  the  passage  in  Lueian  where 
Zeuxis,  indignant  at  the  dull  comprehensioo  of 
his  picture  by  the  public,  tells  Sflcdon  his  papil 
to  draw  the  curtain  over  it  (wcpfjSaXe  #Sw  i^' 

Of  the  style  of  Zeuxis  we  have  one  excellent 
criterion  in  the  detailed  description  of  one  of  his 
pamtings  by  Lueian,  a  Oentauress  nursing  her 
young  upon  a  meadow :  the  Centaur,  iudf  seen 
Upon  an  elevation  overlooking  the  scene,  looks 
smilingly  down,  holding  in  his  right  hand,  np- 
lifted  above  his  head,  a  lion  cab  to  frighten  the 
children.  Two  monuments  have  come  down  to 
us,  which,  though  they  do  not  bear  out  the 
actual  words  of  this  passage,  yet  seem  no- 
doubtedly  inspired  by  the  style  of  Zeuxis,  and 
possibly  by  some  such  picture.  The  one,  i 
Centauress  suckling  her  young,  is  known  only 
from  the  description  of  Philostratus,  ii.  3 ;  the 
other  is  a  fine  mosaic  of  the  Alexandrine  tine 
from  the  villa  of  Hadrian  {Mw,  iv.  50).  This 
also  represents  a  scene  from  Oentaur  life,  bat  in 
this  case  we  have,  as  it  were,  the  antithesis  of 
Zeuxis'  picture :  a  lion  and  tiger  have  overthrown 
and  killed  the  Oentanress ;  the  Centaur,  rushing 
up,  has  killed  the  lion,  and  swii^  over  his  head 
with  both  hands  a  mass  of  rock  Co  strike  the 
tiger  which  growls  over  its  victim.  On  a  rocky 
ledge  above  the  scene  on  the  left  is  a  second 
tiger  couched  ready  to  spring.  The  mixtun  of 
idyllic  and  heroic  motive  combined  in  these 
pictures,  in  a  strikingly  novel  situation,  cor- 
responds perfectly  with  what  we  can  otherwise 
gather  of  the  method  of  Zeuxis. 

The  most  famous  perhaps  of  his  pdntings  was 
the  Helena,  executed  for  the  temple  of  Hers 
Lakinla  at  Croton;  )n  Cioero's  time  this  picture 
was  in  Rome.  Urlichs  thinks  that  Pyrrhos  most 
have  removed  it  from  Croton  to  Ambracia,  that 
Fulvius  Nobilior  brought  it  thence  to  Rome  (cf. 
Pliny,  XXXV.  §  66),  and  that  it  was  removed  from 
the  temple  of  Hercules  there  by  Philippus,  and 
placed  in  the  colonnade  (jporticus)  built  by  hin>, 
where  in  Pliny's  time  it  still  was  standing.  In 
Cicero  {de  Invent,  li.  1, 1)  we  have  the  story  in 
fulL    Zeuxis  wished  to  paint  a  coDsunmate  pic- 


PICTURA 


PIOTUfiA 


411 


tve,  and  asked  the  Crotoniates  for  the  five  most 
bcaattful  of  their  maidens,  in  order  that  he  might 
oomhine  the  faireet  qualities  of  each  in  his  pic- 
tureu    like  Rosalind,  his  Helena 

••cfmany  pazts 
Bj  beavoily  synod  was  devised  s 
Of  many  fiuxs,  eyes  and  hearts. 
To  have  the  touches  dearest  prized." 

He  was  therefore  allowed  to  choose  out  of  all 
the  maidens  the  fire  whose  names,  Cicero  says, 
« many  poets  have  handed  down  to  memory/' 
Id  Gleero^'s  acconnt  there  are  apparently  two 
fcnions  combined;  in  the  one  case  Zeuxis  in- 
spects all  the  maidens,  in  the  other  he  only  sees 
tiisir  brothers  in  the  palaestra.  Probably  both 
stories  are  legendary.  Klein  sogMsts  that  they 
nay  hare  arisen  in  this  way.  We  cannot,  he 
ssTS,  suppose  that  the  Helena  picture  was  a 
ioutaiy  figure;  no  one  woman,  howoTer  com« 
posed,  could  represent  her  adequately  to  the 
Greek  mind ;  in  the  Iliupersis  of  Polygnotus 
Helena  is  aooompamed  by  fire  women  (Pans.  z. 
25,  4);  and  on  a  vase-painting  from  Kertch, 
wliich  is  certainly  influenced  by  the  style  of 
Zeoxis  (Conq^  SimdUy  1861,  pi.  t.  1),  we  hnTe 
t  representsiiion  of  her  among  her  women,  who 
are  drawn  in  Yurions  stages  of  nudity.  *'If 
we  imagine  some  such  picture  painted  for  the 
peopJe  of  Croton,  if  we  think  of  names  written 
•Tcr  the  figures  of  the  maidens,  if  we  conceive 
them  clothed  air  in  the  Kertch  vase,  we  have  the 
elements  together  of  which  the  Crotoniate  legend 
aifht  be,  1  might  almost  say,  must  be,  com- 
posed."* 

it  seems  certain  thnt  there  existed  a  second 
Helena  by  Zeuzis,  which  stood  in  the  Com  Ex- 
change {orok  d^^rwr)  at  Athens  (Eustath.  ad 
2L  p.  868, 37) ;  and  it  is  difficult  to  say  to  which 
of  the  two  some  of  the  references  in  literature^ 
which  are  not  distinctly  specified,  apply.  It  was 
(ioiihtlctt  the  Athenian  picture  whioi  was  exhi- 
bited for  gate-money,  and  which  therefore  re- 
eored  the  nickname  **  Hetaira : "  such  an  exhi- 
^Hoa  w«>nid  certainly  be  better  suited  to  a  $toa 
than  to  a  temple ;  and  it  was  this  to  which  Plu- 
tardi  and  Aclian  must  allude  in  the  anecdote  of 
the  carping  critic  who  did  not  admire  the  pic- 
ton,  and  was  set  down  by  the  reply  of  Nioo- 
Dstehna,  ^Take  my  eyes,  and  the  godhead  will  be 
Bsaifested  to  yon."  Bninn  suggests  that  the 
Athcniaa  picture  was  a  copy,  or  else  a  replica 
by  Zeuxis  of  the  original  at  Croton }  at  any  rate 
we  have  no  means  of  deciding  whether  it  was 
di&rent  in  any  particular. 

In  Pltny,  xxxv.  §  62,  auAlcmene  is  mentioned 
which  the  nrtist  gave  to  the  people  of  Agri- 
Sentum ;  and  an  Infant  Heracles  strangling  the 
&iakes.  Most  critios  had  been  led  to  make  two 
distiftct  pictures  out  of  this  sentence,  especially 
en  the  strength  of  a  Pompeian  painting  of  the 
latter  subject  (Arch,  Zeit,  1868,  Taf.  4>  The 
question  seems  to  be  finally  settled,  however,  by 
a  Taae-painting  recently  acquired  by  the  Bntish 
Kuienm  (see  Murray  in  the  Claitioal  HevieWy 
1888,  p.  327),  which  represents  the  infants  and 
nskes,  the  Zeus  (tnagniiicus  Jvppiter)^  the  as- 
sembly of  gods  {ad$tantibu3  dU),  and  the  Alcmene 


*  A  Tiee  In  the  British  Museum  (EMI)  of  this  period 
^"^  EAENH  at  her  toUet  assisted  l^*  a  small  Eros 


who  throws  one  arm  around  the  neck  of  Zeus 
and  with  the  other  points  vigorously  down  to 
the  scene  below,  an  action  which  may  well  cor- 
respond with  the  maire  pavente  of  Pliny.  The 
moffnifiew  Juppiter  in  thrfmo  at  first  sounds  out 
of  keeping  with  the  homely  natural  touch  of 
Zeuxis;  but  in  the  vase-painting  the  Olympus 
b  treated  with  just  this  absence  of  stifihess  which 
we  may  well  imagine  is  inspired  by  the  painting 
of  Zeuxis. 

From  other  pictures  mentioned  as  of  Zeuxis, 
the  Pan,  Marsyas,  and  Eros  crowned  with  roses, 
Brunn  seeks  to  show  that  his  easel  pictures  seem 
to  have  been  confined  to  a  few  figures  and  isolated 
situations.  But  there  is  nothing  to  prove  that 
these  figures  are  not  merely  extracts  from  larger 
subjects ;  and  this  would  suit  better  the  method 
of  the  artist  as  we  know  it  from  the  few  pictures 
already  identified,  and  also  the  vase-paintings  of 
the  time,  in  which  as  a  rule  preference  is  shown 
for  elaborate  compositions.  When  Eeuxis  first 
reached  Athens,  the  traditions  of  Polvgnotus 
were  giving  place  to  the  more  purely  pfttorial 
technique  of  Apollodorus;  to  an  imaginative 
genius  such  as  his,  a  new  world  of  art  was  dis- 
closing itself;  it  was  natural  that  he  should  open 
up  new'  paths,  new  ways  of  looking  at  the  real 
and  at  the  unreal.  Lucian  says  that  he  did  not 
paint  rh  ^fMri  ital  r&  Kovh  iroyro,  such  as  his 
predecessors  had  done,  heroes,  or  gods,  or  wars, 
but  was  always  trying  some  new  creation,  Ad  tk 
Kcuvomtuv  hrtiparo,  Aristotle  sets  him  up  as 
an  instance  of  the  wtBayhy  ASvi^droy:  the  old 
fimtastic  creations  of  mythology,  which  had 
existed  as  little  more  than  abstract  ideas  either  in 
poetry  or  in  art,*  have  henceforward  imparted  to 
them  a  new  life  of  their  own ;  the  same  idyllic 
treatment  will  soon  be  applied  to  the  world  of 
gods  as  of  men ;  and  in  Zeuxis  wo  see  already 
the  germ  of  the  ideas  which  are  later  to  blossom 
out  into  the  art  of  the  Alexandrine  age. 

Beside  the  other  painted  works  of  Zeuxis,  Pliny 
mentions  specimens  of  his  work  in  two  other 
classes  of  art :  hb  monochromata  ex  cUbo^  which 
probably  simply  means  pictures  from  which  the 
colours  had  perished,  leaving  only  the  outlines 
sketched  in;  the  same  mbtake  had  been  made 
in  modem  times.  At  Herculaneum  were  found 
a  series  of  drawings  in  red  upon  stone,  the  finest 
of  which  b  signed  by  Alexander,  an  Athenian. 
It  was  always  supposed  that  these  represented  a 
special  technique,  but  in  1872  a  similar  slab  was 
found  at  Pompeii,  which  showed  within  red'  out- 
lines the  perfectly  distinct  remains  of  a  complete 
painting  in  colours:  these  colours  have  since 
almost  entirely  vanished.  Besides  these  mono* 
dironuxta,  Pliny  also  mentions  certain  plastic 
works  of  Zeuxb  (figlina  opera),  which  were  alone 
left  behind  in  Ambraclawhen  Fulvius  transferred 
the  other  art  treasures  thence  to  Rome  (cf.  Liv. 
xxxviii.  9,  and  xxxlx.  5).  Klein  thinks  that 
these  were  probably  paintings  on  terra-cotta 
slabs,  let  into  the  wall,  and  therefore  difficult  to 
remove.  They  may  have  been,  like  the  picture 
of  Pan,  painted  for  the  decoration  of  the  palace 
of  Archelaus  at  Pella,  and  taken  by  Pyrrhus  to 
Ambracia  when  he  became  master  of  Macedonia. 

The  greatest  rival  of  Zeuxb  was  Pabrhasius 
of  Ephesus.  It  is  true  that  some  late  authors 
represent  him  as  an  Athenian,  but  there  seems 
no  ground  for  supposing  that,  like  Polygnotus, 
he  obtained  the  freedom  of  Athens.    He  began 


412 


PICTUBA 


PIOTUBA 


life  at  Ephesus  under  his  father's  (Euenor's)  tni« 
tioD,  and  went  early  to  Athens,  which  was  the 
principal  sphere  of  his  activitj.  It  was  douht- 
less  here  that  he  came  into  contact  with  Zauxis ; 
their  rivalrj,  which  is  hj  some  authors  declared 
to  have  been  in  favour  of  Parrhasius,  appears  to 
have  been  based  principally  on  the  difference  in 
their  methods  of  art«  After  the  Peloponnesian 
wars,  he  seems  to  hare  left  Athens,  for  we  hear 
of  him  at  Rhodes  and  Samos.  About  twenty 
pictures  in  all  are  attributed  to  him,  among 
which  some  appear  to  have  been  of  the  character 
of  genre,  others  mythological ;  in  the  latter  class 
he  seems  to  have  come  under  the  influence  of 
£uripidean  tragedy  (Robert,  Bild  und  Lied^  35) ; 
as,  for  instance,  in  the  pictures  representing  the 
Healing  of  Telephus,  the  Madness  of  Odysseus, 
and  Philoctetes  on  Lemnos. 
'  In  the  personal  traits  recorded  of  Parrhasius, 
his  Ionian  character  is  strongly  marked.  His 
genial  self-consciousness  comes  out  in  his  love 
of  luxury,  in  his  purple  mantle  and  gold  crown ; 
his  wit,  and  his  gift  of  poetry  In  his  own  verse 
he  calls  himself  ^Spodloiror  u^p  i  which  is  turned 
J>y  a  contemporary  mto  fafiio9lairos,  '*  living  by 
his  pencil " :  and  he  says  that  he  Is  Apollinis  radice 
ortumf  that  is,  through  Ion,  founder  of  the  Ionian 
race,  sprung  from  the  god.  As  to  his  artistic 
style,  Brunn  thinks  that  he  can  trace  a  radical 
contrast  to  that  of  2U!Uzis :  in  Zeuzis  the  pic- 
torial element  had  predominated ;  Parrhasius  dis* 
played  a  treatment  of  form  highly  finished  in 
the  drawing  and  modelling.  Milchhbfer  draws 
attention  to  his  partiality  (or  subjects  depicting 
the  emotion  of  pain,  and  points  out  the  peculiar 
power  which  such  a  picture  as  his  **  Demos  of 
Athens "  must  have  demanded,  of  representing 
in  one  and  the  same  figure  the  most  contrary 
psychological  effects. 

In  Pliny,  xxxv  §  68,  it  is  stated  that  Par- 
rhasius left  behind  **  et  alia  multa  graphidis  ves- 
tigia in  tabulis  ac  membranis  eius  ex  quibus  pro- 
ficere  dicnntur  artifices."*  The  passage  has  given 
rise  to  much  discussion ;  that  traces  of  the  gra- 
phis  should  remain  in  the  easel  pictures  does  not 
surprise  us,  but  what  are  the  membrana  ?  Klein 
proposes  to  refer  them  to  the  sketches  which 
Parrhasius  is  known  to  have  made  for  works  of 
toreutic  art ;  from  Pausanias  and  Athenaeus  we 
learn  that  more  than  one  metal-worker  were  oc- 
cupied in  reproducing  in  his  craft  the  designs  of 
this  artist.  Athenaeus  further  gives  (xi.  p.  782  b) 
the  epigram  on  a  skyphos  of  Heraclea,  which 
represented  the  IllupersU ; 

Ikiov  otntrac  ij^  cAor  AuuctSoi. 

Moreover  Pausanias  (i.  28,  2),  in  describing  the 
work  on  the  shield  of  Athene  Promachos,  says 
that  it  was  executed  by  Mys  (ropft^o-oi  Mvy) : 
**  the  designs  of  Mys  for  this  and  all  other  of  his 
works  were  drawn  by  Parrhasius  son  of  Euenor." 
It  is  clear,  then,  that  there  was  a  close  connexion 
between  the  great  painter  and  the  toreutic  art, 

*  Brunn  thinks  that  this  was  the  reason  why  Pliny 
Snclades  Parrhasias  in  the  list  of  authors  which  he 
gives  fai  the  S5th  Book,  since  no  writing  by  him  is 
otherwise  alluded  to.  Klein  supposes  that  Plinj  must 
have  hsd  In  mind  the  venes  which  Parrhssins  wrote 
about  himself  and  his  works,  sad  for  this  reason  con* 
sidered  him  as  an  author. 


and  it  is  probable  that  the  emphatic  stress  laid 
on  the  excellence  of  Parrhasius'  drawing  is  mainlj 
due  to  the  existence  of  these  graphidU  vestigia, 
Pliny  especially  praises  his  skill  in  terms  which 
would  suit  drawings  of  this  nature,  and  quotes 
as  his  authority  two  writers  who  are  known  to 
have  published  books  on  the  toreutic  art.  It  if 
therefore  highly  probable  that  the  eulogta  be- 
stowed upon  Parrhasius  for  his  drawing  refer 
specially  to  this  branch,  and  are  not  to  be  taken 
as  detracting  from  his  merit  tn  the  other  branchts 
of  h!s  profession.  The  evidence  indeed  is  rather 
to  the  contrary.  Of  his  colouring  we  learn  from 
Diodorns  (xxvl.  1)  that "  Apelles  and  Parrhasiai 
In  the  skilful  mixing  of  colours  brought  Painting 
to  its  highest  point ; "  Parrhasius  is  in  fact  the 
immediate  predecessor  of  the  perfected  colouring 
of  Apelles;  not  yet  indeed  absolutely  perfect 
himself,  so  that  be  is  not  included  among  those 
m  qttSnu  iaan  perfecta  swit  onmia ;  but,  on  the 
other  hand,  not  to  be  classed  in  this  respect  with 
Zeuxis,  Polygnotus,  and  Timanthes,  ^'who  did 
not  use  more  than  four  colours  *'  (Cioero,  Bniiutf 
18,  70> 

Quintilian,  in  a  comparison  between  Zeuzii 
and  Parrhasius,  says  of  the  latter  that  **he 
so  circumscribed  everything  that  they  call 
him  the  Lawgiver,  because  the  types  which  he 
has  handed  down  of  gods  and  heroes  are  followed, 
as  of  necessity,  by  sll  other  artists.**  Klein  seeki 
to  show  that  gods  and  heroes  were  in  fact  his 
principal  theme ;  his  heroes,  in  the  mentions  of 
them  that  have  come  down  to  as,  appear  to  have 
been  mainly  single  portrait  figures;  of  his  god«, 
only  two  are  named,  a  Dionysus  with  Arete 
(the  artist's  favourite  patroness)  and  a  Hermes. 
Whether  or  no  this  Hermes  was  painted  by  the 
artist  from  his  own  portrait,  it  shows  us  at  snj 
rate  the  close  relation  which  obtains  now  between 
the  portrait  and  the  ideal  type. 

The  main  difficulties  of  technique  are  now 
overcome,  and  the  period  of  struggling  with 
materia]  is  well-nigh  past ;  with  the  new  faci- 
lities opening  out,  it  is  natural  that  we  shoold 
now  hear  of  a  number  of  new  claimants  to  fame : 
principal  among  these  stand  the  representatives 
of  the  Sicyonian  school.  We  saw  already  that 
Sicyon  had  1>een  one  of  the  earliest  afoot  in  the 
field  of  Painting ;  and  there  seems  no  doubt  that 
the  tradition  had  been  carried  on  there  uninter- 
ruptedly :  but  it  is  in  the  age  following  Zeuxis 
and  Parrhasius  that  its  sphere  of  activity  is  most 
strongly  marked.  The  great  sculptor  Polycleitns 
had  been  a  Sicyonian,  and  doubtless  had  left 
his  mark  on  the  character  of  the  induing  which 
was  imparied,  for  high  prices,  at  the  Sicyonisn 
school. 

In  this  school  we  may  include  the  name  of 
TiXAKTHEs,  who  is  indeed  expressly  called  ^the 
Sicyonian  painter  *'  by  Eustathius  (id  It,  p.  1343, 
60).*  Pliny  tells  us  that  he  successfully  com- 
peted at  Smuos  (doubtless  at  one  of  the  annnal 
art   exhibitions   already  mentioned)  with  Psr- 


*  Quintilian  (/luf.  Orat.  II.  13, 13)  speaks  of  blm  u 
Cjftkniut^  which  Brunn  and  others  have  taken  to  meia 
that  he  originally  hailed  from  Cythnos ;  Klein  sngge^ 
that  this  writer  misread  his  authority,  taking  IE- 

KY0NI02  for  KVeNIOX.  It  *•  !«-*"•  ^ 
the  painter  Timanthes  of  Sikyon  recorded  In  Plot  ^^f- 
32,  3,  and  who  must  have  lived  towards  the  cod  of  Ibe 
third  centnry  h.c^  was  a  descendant  of  this  artfiit. 


PICTUBA 


FIGTUBA 


4ia 


rKasius.  Pkrrhaaias*  picture  on  this  occasion  re- 
presented the  contest  between  Ajax  and  Odysseus 
for  the  arms  of  Achilles ;  and  when  beaten,  he 
complained  that  Ajax  had  again  been  defeated 
br  an  unworthj  opponent  (i,e.  in  Homer,  by 
(Mfsseus,  and  at  &unos,  by  Timanthes).  We 
are  not  told  what  was  the  subject  of  Timanthes' 
I»ctnre  on  this  occasion ;  but  it  is  clear  that  it 
ooald  not  have  been,  as  Brunn  supposes,  the 
same  as  that  of  Parrhasius.  Of  the  four  other 
pictures  ascribed  to  him,  the  Palamedes  is  un- 
certain, the  <*  hero "  in  the  temple  of  Pax  at 
Rnne  tells  us  nothing,  and  the  Sleeping  Cyclops 
b  probably  not  by  him :  Pliny  (xxxr.  §  74)  de- 
scribes it  as  **  a  Cyclops  sleeping,  a  tiny  picture ; 
to  bring  out  the  colossal  size  of  the  monster,  the 
artist  inserted  figures  of  Satyrs,  measuring  his 
thumb  with  a  thyrsos.'*  The  whole  idea  of  this 
picture  se<»ms  out  of  keeping  with  the  age  of  our 
artist,  and  to  belong  rather  to  that  idyllic  time 
which  treats  the  Cyclops  from  the  idyllic  point 
of  riew  as  the  lover  of  Galatea.  The  '*  Timan- 
thes "  therefore  who  painted  this  may  have  been 
some  much  later  artist  of  the  same  name. 

We  are  thus  left,  for  our  estimate  of  Timan- 
thes, to  the  most  famous  of  his  pictures,  the 
Sacrifice  of  Iphigeneia,  and  the  one  with  which 
he  overcame  in  competition  Colotes  of  Teos. 
The  maiden  was  represented  standing  before  the 
altar  on  which  she  was  about  to  be  offered  up, 
and  grief  is  exhibited  in  the  faces  of  the  by- 
standers. The  Intensity  of  emotion  is  graduated 
in  the  different  faces,  culminating  in  the  climax 
with  the  father  Agamemnon,  whose  head  is  veiled 
from  view.  More  than  one  monument  has  come 
down  to  us  which  seems  to  have  been  inspired 
by  this  picture  (see  Wiener  Voriegcbl,  v,  8-10 ; 
the  mosaic  in  Arch,  ZeiL  1869,  pi.  14;  and 
Overbeck,  Her,  Bildw,  p.  314  fol.) :  the  most 
important  of  these  is  the  Pompeian  wall-painting 
(Overbeck,  A.  pi.  xiv.  10),  which  agrees  in  most 
of  the  important  details  with  the  description. 
The  detail  which  appears  constant  throughout, 
the  veiled  grief  of  Agamemnon,  is  what  seems 
most  to  have  caught  the  fancy  of  the  ancients ; 
and  U  Is  possibly  this  fact  which  has  inspired 
Pliny's  estimate  of  his  ingeniumy  so  that  he  says 
of  Timanthes  that  in  his  works  the  spectator  sees 
more  than  is  actually  there  (inMligitur  plus  sem- 
per quam  pingitur).  Apart,  however,  fronv  ora- 
toriosl  gush,  we  may  obtain  a  real  idea  of  the 
grandeur  of  Timanthes'  conception,  which  would 
seem  to  place  him  on  a  level  higher  than  that  of 
his  contemporaries. 

EuPOMPUS  of  Sicyon  is  named  by  Pliny  as 
beloi^;ing  to  this  period  (hao  afetate)j  but  that 
he  was  later  than  Timanthes  we  see  from  the 
fact  that  his  pupils  belong  to  a  considerably 
later  date.  Of  his  pictures  we  know  scarcely 
anything ;  but  his  importance  is  emphasised  by 
the  statement  of  Pliny,  who  says  that  **  on  his 
account "  the  schools  of  painting  were  now 
reckoned  as  three — vif.  Ionic,  Sicyonic,  and 
Attic.  It  is  evident  from  what  has  gone  before 
that  this  cannot  mean  that  Eupompus  **  founded  " 
the  Sicyonic  school;  it  had  exbted  from  time 
immemorial;  it  merely  means  that  from  this 
time  the  Sicyonic  painters  bepn  to  raise  them- 
selves as  a  separate  class  above  the  level  of  the 
Rst  of  the  ^  Helladic  "  school  The  fame  of  the 
^cyonie  training  spread  so  much  that  under 
PaVFHiLUB  tb«  fee  was  raised  to  a  talent  for 


twelve  yeaiB*  instruction,  and  even  the  great 
Apelles  was  among  his  pupils.  It  is  difficult  to 
say  wherein  this  great  local  superiority  con- 
sisted, which  tempted,  moreover,  wealthy 
amateurs  like  Ptolemy  II.  and  Attains  to  pur- 
chase at  enormous  prices  galleries  of  specially 
Sicyouian  old  roasters.  Plutarch  uses  a  special 
term  for  it,  xp^^^oypa^ta,  which  is  usually 
explained  as  indicating  the.  reaction  in  art 
against  the  methods  of  Zeuxis  and  his  contem- 
poraries. Klein  thinks  that  the  special  revolu- 
tion effected  by  the  Sicyonic  masters  was  their 
development  of  the  encaustic  method.  It  is 
certain,  at  any  rate,  that  it  was  only  from 
the  time  of  Pamphilus  that  encaustic  took  its 
place  on  equal  terms  beside  the  ordinary  methods. 
We  have  seen  that  under  the  Ptolemies  the 
method  found  favour  in  £gypt ;  and  that  it  took 
a  lasting  hold  there  we  saw  on  p.  392  in  the 
large  series  of  such  pictures  whidi  have  been 
found  in  the  Fayoum.  It  is  thus  that  we  shall 
understand  the  tirade  of  Petronius  against  the 
aiudacia  of  the  Egyptians,  which  invented  a 
shortened  method  (compendtarkan)  of  obtaining 
the  effects  belonging  to  the  great  art  of  painting. 
This  shortened  method  Klein  understands  as  the 
abandonment  of  the  use  of  the  oestrum^  and 
therewith  of  the  tarda  pktvrae  ratio  which 
encaustic  had  hitherto  involved.  If  this  is  so, 
it  is  natural  that  the  fame  of  these  first  re- 
formers should  rest  more  upon  their  method 
and  their  teaching  powers  than  on  their  actual 
paintings.  Of  Pamphilus  we  only  know  four 
works,  and  these  only  by  the  barest  mention  of 
their  subjects. 

The  same  estimate  is  true  also  of  his  pupil 
Melanthius,  whose  superiority  in  composition 
is  said  to  have  been  conceded  by  his  fellow- 
pupil  Apelles :  of  him,  again,  we  only  know  one 
picture,  which  represented  Aristratus,  the  Tyrant 
of  Sicyon  in  Philip's  time,  standing  beside  the 
chariot  of  Nike «  when  under  Aratus  all  effigies 
of  Tyrants  were  subsequently  destroyed,  the 
figure  of  Aristratus  was  scraped  out,  and  a 
palm-tree  inserted  in  its  place. 

Another  of  the  pupils  of  Pamphilus,  Pausias, 
may  be  considered  to  have  done  most  to  develop 
the  capabilities  of  the  new  method  (Pliny,  xxxv. 
§  123,  *'primum  in  hoc  genere  nobilem"). 
Striking  effects  of  transparency,  such  as  the 
face  of  his  Methe  visible  through  the  glass  out 
of  which  she  drank;  of  gradations  of  single 
colours,  so  that  in  his  famous  Sacrifice  picture 
the  entire  body  of  a  bull  seen  in  foreshortening 
was  coloured  black :  such  were  the  features  of 
his  work  ;  which,  moreover,  seems  to  have  been 
limited  in  other  directions  by  the  tediousuess  of 
the  encaustic  method ;  so  tliat  his  pictures  were 
almost  all  on  a  small  scale^  and  occupied  with 
subjects  appropriate  to  the  size,  such  as  scenes 
of  child  life  ipueri)  and  even  (for  the  first  time) 
flower  subjects.  Pliny  tells  a  story  of  his 
restoring  the  mural  paintings  of  Polygnotus  at 
Thespiae,  and  adds  that  he  was  not  very  success- 
ful, **  quoniam  non  suo  genere  certasset."  We 
hare,  however,  seen  that  Pliny  neither  knew 
nor  cared  anything  about  the  great  mural 
paintings;  the  *'Toespiae"  here  is  a  mistake 
for  Delphi,  so  that  we  can  place  no  reliance  on 
this  evidence  of  Pansias'  practice  with  the 
brush. 

From  this  point  the  history  of  Painting  seems 


414 


PICTUBA 


to  branch  off.  Brunziy  and  most  critics  following 
htm,  have  thought  to  be  able  to  trace  a  new- 
school  existing  side  by  side  with  the  Sicyonian, 
of  which  the  name  of  Aristeides  stands  at  the 
head,  and  which  includes  Nicomaohus,  £uphra- 
ncc!,  and  Nioias.  This  school  was  termed  the 
**^Theban  Attic,"  for  this  reason:  Aristeides  is 
frequently  termad  Thebanus,  and  we  hear  of  a 
pieturt  by  him  in  Thebes ;  after  the  decline  of 
Xhebaxk'  power  tha  school  is  supposed  to  have 
taken  robt  at  Athens ;  and  a  contrast  is  drawn 
between  the  '^serefe  academic  exactness  and 
thoroughneas  "  (jcpn^rwypa^a)  of  the  Sicyonian 
school,  and  the  ^.greater  ease  and  Tersatility, 
and  invention  more  intent  upon  the  expression 
of  human  emotion  **  of  tho  Theban-Attic.  This 
eoaclusion,  which  -has  been  generally  accepted, 
flertainly  appears  to  rest  -on.  .rery  insufficient 
grounds,  and  it  leaves  ua  with  <an  impreasion  of 
the  narrowness  and  one-sidednass  of  the  Sicyo* 
nio  school  which  is  hardly  warrantable  in  fact. 
Klein,  who  haa  subjected  •oach  of  the  artists  of 
the  period  jiow  suoc^ing  to  a  searching  exami- 
nation, advanced  a  theory  which  seems  to  do 
away  with  the  difficulty.  He  traces  the  whole 
of  these  artists  back  in  two  pedigrees  to  the 
tutelage-  of  the.  two  artists,  Aristeides  and 
Pausias ;  he  finds  that  Aristeides  the  '^Theban  " 
belongs  no  less  to  the  Sicyonic  school  than 
Pausiaa  or  than  Pamphilus  ''of  Amphipolis;" 
that  most  of  these  artists  ean  be  more  or  less 
directly  aaaociated  with  Sioyon.  **  The  powerful 
reaetion  which  tradition,  intelligibly  enough, 
connects  withSicyon, .-. .  is  only  comprehensible 
by  the  knowledge  that  it  was  preceded  by  a 
fk'eshening:  and  permeation  of  the  ancestral 
parent  stock  with  Northern  Greek  blood.  From 
North  Greece  it  acquired  the  technique  of 
encaustic,  which  it  developed  to  the  highest 
perfection ;  and  thence .  arose  the  idea  that 
Aristides  and  Pamphilus  weire  the  first  artists  in 
encaustic."  From  what  we  know  of  these 
artists  it  would  appear  that  all  spheres  of  art, 
from  the  highest  to  the  lowest,  were  handled 
by  them ;  but  there  is  no  reason  to  suppose  that 
the  traditions  of  technique  and  style  which 
marked  the  Sicyonic  school  were  not  preserved 
in  painting  as  they  were  in  sculpture. 

The  most  important  figure  is  now  AlosiEiDEfl^ 
ITtebanus.  The  facts  which  Pliny  gives  point  to 
two  masters  of  this  name,  of  whom  the  one  is 
the  father  (formerly  read  as  AristiaeusX  the 
other  the  son,  of  Nioomachus.  The  statements 
in  Pliny  concerning  these  two  Aristeidae  are  so 
hopelessly  oonfused  that  it  is  impossible  to 
distinguish  between  them  with  any  certainty. 
If  the  grandfather  can  be  identified  with  the 
pupil  of  Polycleitus,  we  may  take  about  B.C.  330 
as  a  convenient  date  for  him,  and  about  B.C.  280 
for  that  of  his  grandson.  It  is  possible  that  the 
epithet  TMxmiu  is  intended  to  distinguish  the 
older  Aristeides;  but  even  here  Pliny  is  con- 
fused, for  he.  sometimes  calls  one  and  the  same 
person  Thebamu  and  contemporary  with  Apelles. 
The  same  ounfosion  is  probably  traceable  in  his 
estimate  of  style :  '*  is  omnium  primus  animum 
pinzit  et  sensus  hominis  exprtssit,  quae  vocant 
Graed  cthe,  .item  pertnrbationis  (vdBii)" 
Perhaps  we  should  assign  to  the  elder  the 
quality  of  ethos,  to  the  younger  that  of  irdBos 
and  of  being  durior  paulo  in  ooUnribus ;  and 
according  to  these  qualities  we  may  assign  some 


PICTUBA 

of  the  pictures*  The  Dionysus  was  probaUy 
painted  by  the  older  and  more  famous  of  the  two ; 
its  great  estimation  is  shown  by  the  fact  that 
Attalus  is  said  to  have  paid  100  talents  for  it, 
and  Mnmmius  afterwards  sent  it  to  Rome :  also 
the  picture  of  a  sacked  town,  which  Alexander 
acquired  at  the  looting  of  Thebes,  and  of  which 
one  episode  represented  a  dying  mother,  with 
her  infant  still  suckling  her  breast.  To  the 
younger  may  be  assigned  the  Battle  with 
Persians,  the  LetmUon  Epicuri  and  the  afiopaa- 
omene  (see  Arch,  Zeit.  1883,  p.  41>. 

Of  NiooMACHDB,  the  son  of  the  elder  Ari- 
steides, we  know  very  little.  He  painted,  like 
Melanthius  and  his  pupils,  for  the  Tyrant  An- 
stratus  of  Sicyon,  who  was  a  oontempoiary  of 
Philip  of  Macedon;  also  a  portrait  of  Anti- 
patros,  probably  about  Ql.  11&  Among  bis 
other  works  we  read  of  a  Rape  of  Persephone  \ 
a  Sleeping  Maenad  surprised  by  Satvrs(ircA. 
ZciL  1880,  p.  149);  a  Victory  driving  a  quad- 
riga heavenwards;  and  other  pictures  of  gods 
and  mythological  scenes. 

EuPH&ANOEt,  the  Isthmian,  is  mentioned  as  a 
pupil  of  Aristeides  (probably  about  B^  360), 
and,  like  others  id  his  predeoaasoia,  worked 
both  in  sculpture  and  painting ;  according  to 
Pliny  (xxxv.  §  128),  he  was  dtxUia  ac  kinnomf 
ante  omnts,  and  m  both  branches  of  art  excelled 
all  his  contemporaries.  Of  his  picturo^  we  hesr 
specially  of  thr^e  great  oompositions  for  a  stos 
in  the  Ceramicus,  representing  the  charge  of 
the  Athenians  against  the  Thebana  before  the 
battle  of  Mantineia,  pictures  of  the  twelve  gods, 
and  a  Theseus.  Of  this  last,  Pliny  says  in  fw 
di^pit  that  **  the  Theseus  of  P^rrhaaius  looked  ss 
though  fed  on  roses,  whi)e  that  of  Euphranor 
seemed  fed  on  beef."  The  diieU  is  osually  taken 
as  alluding  to  Euphranor  \  Klein  anggests  that 
it  was  a  remark  more  appropriate  to  Parrhasios ; 
the  same  confusion  of  Pliny  cornea  out  in  his 
attribution  of  a  ''madness  of  Odysseus"  to 
Euphranor  in  the  same  passage.  After  de- 
scribing the  three  works  in  the  Stoa,  he  adds, 
''  nolAlia  eius  tabula  Ephesi  est,  Ulixes  .  •  •"  Now 
we  know  from  Plutarch  that  Parrhaaius  painted 
a  picture  of  this  subject,  and  it  seems  absurd  to 
suppose  that  Euphranor  would  have  psinted  the 
same  idea  for  the  home  of  Parrhaaius,  Ephesos. 
The  0ttts  should  properly  refer  to  Parrhasins, 
who  alone  painted  this  subject,  and  the  whole 
passage  has  been  inserted  here  by  Pliny  in  erroi: 
Of  Ettphranor's  style  we  cannot  judge ;  we  only 
know  that  he  devoted  his  attention  to  the  canon 
of  proportions,  and  ia  said  to  hare  written  on 
thia  subject ;  but  it  remains  uncertain  whether 
or  no  he  is  to  be  oonndered  as  the  predecessor  of 
Lysippus  in  this  study. 

With  Nioias  of  Athegos  we  are  brought  fiillj 
into  the  Alexandrine  age.  Plntarch  narrstes  a 
stoi7  of  his  having  refused  to  sell  one  of  his 
pictures  (the  Nekyia)  at  sixty  talents  to  kiag 
Ptolemy ;  on  the  other  hand,  we  hear  of  him 
as  a  contemporary  of  Pnxiteles ;  so  that  his 
sphere  of  activity  must  have  lain  between  about 
B.O.  34(V-300.  From  a  statement  in  Domstr. 
Phaler.  ((/«  Ehcut,  76)  we  gather  that  he  tried 
to  bring  about  a  reaction  in  style  against  the 
foUles  of  contemporary  artists,  who  ''frittend 
away  their  art  in  painting  birds  and  flower 
pieces;"  and  laid  down  the  principle  of  the 
importance  of  choosing  a  fino  f  uhjact,  such  as  a 


PICTURA 

battl^pieoe.  Following  this  principle  hini3elf, 
we  find  him  occupied  with  more  thao  one 
Eobject  of  the  Polygnotan  school:  the  Nemea, 
probably  a  penonification  of  the  Nemean  games, 
whom  he  represented  bearing  a  palm  and  seated 
on  a  lion ;  and  a  Vision  of  Hades  (Pliny,  zzzt. 
§  132,  necyoKMoUea  ffomen),  the  picture  which 
he  refosed  to  Ptolemy  and  presented  to  Athens. 
It  is  interesting  in  connexion  with  this  last  to 
note  that  aa  ancient  treatment  of  this  subject 
has  come  down  to  us  in  the  famous  Odyssey 
landscapes  excarated  on  the  Esquiline  in  1848- 
50  (Woennann,  AnUken  Odysseelcmdschaften): 
these  six  pictures  are  almost  exact  illustrations 
of  the  Homeric  text  {Od,  x.  80  to  xi.  600),  and 
though  decorative  in  idea  are  examples  of  com- 
plete landsospe  painting,  showing  due  observance 
of  airial  perspective.  Their  execution  dates,  as 
the  masonry  of  the  walls  on  which  they  were 
roand  shows,  from  the  last  years  of  the  Be- 
poblie;  but  from  their  style  the  designs  may 
probably  be  referr^  to  the  Hellenistic  period. 
Among  theproncits  Udntlas  of  Nicias,  Pliny  men- 
tions an  lo,  a  anbject  of  which  several  replicas 
exist  at  Pompeii ;  it  is  probable  that  the  largest 
sod  finest  of  these,  fpund  on  the  Palatine,  repro- 
duces the  general  form  of  the  composition  of 
Nicias  (see  Woltmann,  p.  56).  Besides  his  large 
pictures,  principally  of  heroines  ("  diligentissime 
mnlieres  pinzit  *'),  he  teems  to  have  worked  in 
encanptic^  the  Nemea  was  a  specimen  of  this 
technique,  on  which  the  artist  inscribed  the 
statement  that  he  had  '*  burned  it  in''  (inuuisse) ; 
and  to  thin  style  we  may  perhaps  refer  his 
pictures  of  animals  and  dogs,  as  .well  as  the 
chiaroscuro  and  quality  of  relief  for  which  he 
is  praised.  Connected  also  with  his  encaustic 
vork  was  doubtless  the  circumiiUo  of  the  statues 
of  Praxiteles  which  has  already  been  dealt  with 
oa  p.  395 ;  mud  the  painted  scene  on  the  sepul- 
chral monument  at  Triteia  which  Pausanias 
deicribes  (viL  22,  6). 

We  now  enter  definitely  upon  the  new  phase 
of  Hellenisiic  life  in  Greece,  and  among  the 
many  painters  of  this  epoch  one  stands  unques- 
tionably at  the  head,  Apelles,  son  of  Pytheas 
of  Colo^on.    His  father  was  apparently  not  a 
painter,  for  he  was  sent  to  receive  his  first 
instruction  from  Ephorus  of  fiphesus ;  at  a  later 
age,  when  he  was  already   beginning    to    be 
£unous,  he  went  to  Sicyon,  attracted  there  by 
the  £ime  of  the  teaching  of  Pamphilus*     Under 
Philip  of  Maoedon  he  took  up  his  residence  at 
Peila,  and  continued  as  **  court  painter  '*  under 
Alexander;    when    Alexander    started    on   his 
Asiatic  campaigns,  he  returned  again  to  Ephesus. 
After  this  we  hear  of  him  at  various  times  in 
Khodes,  where  he  is  brought  into  contact  with 
Pn4ogenes;    at  Alexandria,  at    the    court  of 
Ptolemy    Soter;    and    possibly  at    Cos.      The 
numerous  anecdotes  and  sayings  attributed  to 
him,  such  as  numum  de  tabuh,  nulla  dies  $ine 
UtteOf  ne  tidor  ultra  crqaidam,  must  be  considered 
merely  as  indications  of  his  extensive  popularity 
nther  than  as  detailed  evidence  of  his  style. 
We  cannot  with  certainty  connect  any  picture 
1>T  him  with  the  material  that  has  come  down 
to  us,  10  that  we  are  left  to  the  scraps  of  art 
critidsm  in  ancient  authors  for  an  estimate  of 
his  style.    As  might  be  expected,  by  far  the 
niajority  of  his  works  seem  to  have  bieen  in  the 
sphere  of  portraiture.      Pliny  says  that  it  is 


PICTUBA 


415 


useless  to  try  and  enumerate  the  many  portraits 
by  him  of  Alexander  and  Philip :  besides  these 
we  hear  of  a  Cleitos  putting  on  his  helmet ;  an 
Archelaus  in  a  family  group;  an  Antigonus 
arranged  in  profile,  so  that  his  defective  eye  was 
not  seen;  besides  many  others,  principally  of 
people  connected  with  the  Maoedonifm  court* 
Perhaps  most  characteristic  of  him  were  the 
series  of  personifications  of  abstract  ideas  of  the 
mind,  represented  generally  as  female  figures  in 
action.  Such  a  picture  was  the  Calumnia^ 
which  he  painted  at  the  court  of  Ptolemy  in 
Alexandria,  in  punishment  of  his  detractors 
there,  and  of  which  we  have  a  detailed  descrip- 
tion  in  Lucian.  To  the  same  category  may  be 
referred  the  pictures  of  Charis  and  q{  Tyohe; 
and  the  allegorical  personifications  of  the  phe- 
nomena of  nature,  as  Bronte  (thunder),  Astrape 
(lightning),  and  the  thunderbolt,  Keraunobolia, 
His  mythological  pieces  are  comparatively  few  ; 
by  far  the  most  important  was  doubtless  the 
Aphrodite  Anady^mene  painted  for  the  peoplp  of 
Cos :  she  was  seen  rising  from  the  water,  a  type 
which  may  be  compared  with  numerous  marbles 
which  have  come  down  to  us.  Augustus  carried 
the  picture  to  Rome,  remitting  to  the  Coans  a 
hundred  talents  of  the  tribute  due,  as  compen- 
sation ;  by  the  time  of  Nero  it  had  suffered  so 
much  that  it  had  to  be  restored,  a  work  which 
was  carried  out  by  a  certain  Dorotheus.  As  we 
should  expect  from  an  ai^tist  whose  bent  lay  in 
portraiture,  his  talent,  lay  less  in  large  ^  or 
elaborate  compositions  than  in  Refinement  and 
the  complete  study  of  nature.  The  stories  that 
we  are  told  of  him  seem  to  point  to  a  great 
dexterity  and  lightness  of  touch,  with  the  charm 
and  grace  of  manner  which  was  the  natural 
outcome  of  his  period. 

His  greatest  contemporary  was  PEOroaEirES 
of  Caunus,  an  insignificant  town  on  the  Carian 
coast,  subject  to  Rhodes,  where  the  artist  took 
up  his  abode  (see  supra^  p.  395).  Mr.  Torr 
(jClatsical  Heview,  1890,  p.  231)  suggests  that 
the  ^rtist  had  been  accustomed  to  paint  pictures 
of  ships,  as  thank-offerings  fbr  escapes  at  sea. 
At  any  rate,  it  was  probably  mainly  due  to 
Apelles  that  his  work  came  to  be  known  and 
appreciated :  on  the  other  hand,  this  seems  in- 
consistent with  the  fact  that  Pliny  places  him 
among  those  who  practised  sculpture  as  well  as 
painting.  Besides  a  few  portraits,  of  Philiscus, 
Antigonus,  and  the  mother  of  Aristotlei,  and 
one  work  in  Athens,  his  chief  themes  seem  to 
have  been  drawn  from  the  local  traditions  of 
Rhodes ;  an  often  repeated  anecdote  records  his 
presence  at  the  sacking  of  Rhodes  by  Demetrius 
in  B.C.  304,  which  we  may  take  as  a  central  point 
of  his  chronology.  Demetrius  spared  the  town 
from  burning  in  order  to  save  the  picture  by 
Protogenes  of  the  Rhodian  hero  lalysus.  In  this 
picture  occurred  the  dog, -the  effect  of  whose 
foaming  mouth  was  said  to  have  been  attained 
by  Protogenes  throwing  his  sponge  in  despera- 
tion at  the  picture;  and  the  partridge,  which 
though  a  mere  detail  attracted  so  much  atten- 
tion that  the  artist,  in  annoyance,  erased  it.  To 
attain  this  high  degree  of  realism,  he  is  said  to 
have  worked  very  slowly,  and  it  was  against 
this  impression  of  laboriousness  that  the  criti- 
cisms of  Apelles  were  directed. 

Antiphilus  was  by  birth  an  Hellenistic 
Ef^rptian,  who  was  already  established  at  Alex- 


416 


PICTUBA 


PIOTUBA 


andria  when  Apelles  went  there.  Quintilian 
calls  him  facUitate  praeBtantiasmWf  and  hu 
venatiiity  is  shown  in  the  subjects  of  his  works : 
these  included  large  pictures  in  tempera,  genre 
pictures,  such  as  a  boy  blowing  the  fire  (pro- 
bably encaustic),  and  eyen  caricature.  The  type 
of  one  of  his  works,  a  Satyr  probably  dancing, 
with  a  panther-skin,  and  snapping  his  fingers 
{quern  aposoopeuonta  appellant),  is  probably  re- 
flected in  statuary,  for  example  in  the  bronze 
** Dancing  Faun"  found  in  the  *'Casa  del  Fauno" 
at  Pompeii  (Overbeck,  Pompeii,*  p.  550). 

The  principle  of  illusion  was  now  becoming 
an  end  in  itself,  and  the  higher  aims  of  art 
were  neglected  in  the  reproduction  of  ignoble 
and  unworthy  themes :  a  representative  of  the 
age  was  Theon  of  Samoa,  of  whose  phantasiea 
the  most  famous  is  described  by  Aelian;  it 
]*epresented  a  warrior  fully  armed,  charging  out 
of  the  panel ;  when  exhibiting  this  picture,  the 
artist  would  have  a  flourish  of  trumpets  sounded, 
and  then  draw  the  curtain.  Other  painters  of 
this  time  are :  Aetion,  who  painted  a  marriage 
•of  Alexander  and  Roxane,*  which  has  been  fully 
described  by  Lucian ;  in  this  picture  little 
Erotes  are  introduced,  playing  with  the  king's 
armour,  a  motive  thoroughly  characteristic  of 
the  Hellenistic  age; — ^Helena,  daughter  of 
Timon  the  Egyptian,  said  to  have  painted  the 
Battle  of  IssoB  which  has  inspired  the  famous 
Pompeian  mosaic )  and  the  school  of  painters  in 
little,  which,  like  the  Dutch  school  of  the  same 
kind,  occupied  itself  with  genre  and  still  life. 
Chief  of  these  was  PEiBA'fcas,  whose  speciality 
was  *' barbers'  shops,  cobblers'  booths,  asses, 
-eatables,"  and  the  like,  from  which  he  received 
the  nickname  rhyparographos  (i.e.  rag  and  tatter 
painter,  a  parody  on  rhopograpkos,  a  painter  of 
small  and  trivial  objects) :  in  spite  of  the  con- 
tempt felt  for  such  art,  it  seems  to  have  com- 
manded high  prices,  probably  on  the  score  of 
technical  finish. 

In  the  centuries  following  B.C.  300  few  artists 
stand  out  with  any  individuality  :  to  study  the 
ideas  of  this  time,  we  must  look  at  the  Hellen- 
istic reliefs,  and  at  the  wall-paintings,  as  they 
are  reflected  in  Roman  imitations.  The  only 
artist  of  the  period  who  won  considerable  fame 
is  TuiOMACUUS  of  Byzantium,  of  whom  Pliny 
says  that  Julius  Caesar  paid  a  large  sum  for  two 
-of  his  pictures ;  but  we  cannot  follow  Pliny  in 
making  Timomachus  contemporary  with  Caesar: 
^e  probably  belongs  to  an  earlier  century.  The 
most  famous  of  his  pictures  were :  the  Madness 
of  Ajax,  a  Medea  about  to  kill  her  children,  and 
his  Orestes  and  Iphigeneia  in  Tauris.  Of  the 
Medea  picture,  celebrated  in  antiquity  no  less 
than  the  Aphrodite  of  Apelles,  we  have  several 
suggestions  in  wall-paintings,  sarcophagi,  and 
elsewhere ;  perhaps  the  finest  is  the  picture  of 
Medea  herself  in  Mm.  Borb,  x.  21,  in  which  the 
conflict  of  emotions  in  the  mother's  mind  is  ad- 
mirably represented.  It  is  this  power  of  express- 
ing the  emotions  and  character  with  delicacy  and 
depth  that  seems  to  characterise  the  works  of 
Timomachus,  and  probably  earned  him  his  fame. 

*  It  ia  natuzal  to  think  of  the  so-called  "  Aldobrsndlni 
marriage/'  one  of  the  most  fkmous  of  the  ancient  paint- 
ings which  hare  oome  down  to  us ;  bnt  the  conception 
and  style  of  this  picture  seem  to  reflect  an  original  type 
betonging  to  a  time  tta  earlier  than  the  period  of  Action. 


With  Timomachus  the  history  of  Greek 
painting  proper  may  be  said  to  have  come  to 
an  end.  Under  the  successors  of  Alexander,  the 
art  had  become  cosmopolitan,  and  under  the 
Romans  the  chief  interest  was  finally  transferred 
to  Italian  soil.  During  the  last  years  of  the 
Republic,  and  under  the  Emperors,  the  art 
treasures  of  ransacked  Greece  poured  with  s 
steady  flow  into  Italy,  and  it  Is  here  that  we 
must  study  its  latest  developments.  Bat 
throughout  antiquity,  painting  continued  to  be 
an  essentially  Hellenic  art.  It  is  true  that  ve 
hear  occasionally  the  names  of  Roman  artists: — 
Fabius  Pictor  (B.C.  S04),  a  member  of  the 
illustrious  Fabia  gens  whose  wall-paintings  in 
the  temple  of  Salus  are  praised,  bat  whose 
profession  was  considered  to  have  degraded  hii 
caste  $  Pacuvius,  the  tragedian  (B.C.  219-129); 
Jaia  or  Lala,  whose  work  in  encanstic  has  been 
already  mentioned  (about  B.C.  100) ;  TURFiucs, 
who  painted  with  his  left  hand ;  T1TIDIC8  Labeo, 
a  former  praetor  and  proconsul,  who  made  him- 
self ridiculous  with  his  parvis  UAeUia;  Q. 
Pedius,  a  boy  of  good  family,  who,  being  born 
dumb,  was  put  to  learn  painting — he  becsme 
proficient,  but  died  young ;  and,  lastly,  Fabcl- 
LU8  (Amulius),  who  lived  in  the  time  of  Nero, 
and  whom  Pliny  describes  as  gravis  ao  Meterus 
idemqtte  fioridva  pictor.  But  even  in  Romso 
times  the  majority  of  the  names  are  Greek  in 
form,  and  it  is  quite  certain  that  the  majoritr 
of  the  subjects  painted  are  referable  to  pictorial 
originals  of  Greek  and  Hellenistic  art.  It  '\s 
true  that  in  only  a  very  few  instances  we  are 
able  to  trace  these  Italian  paintings  back  to  an 
original  described  in  literature;  but  Helbig'< 
researches  have  proved  beyond  a  doubt  that  sach 
an  origin  is  to  be  sought  for  them.  The  Greek 
creations  were  everywhere  circulated  and  repro- 
duced, in  the  form  of  cheap  frescoes,  and  occa- 
sionally as  the  leading  motiTe  in  works  of 
sculpture. 

The  large  number  of  scenes  from  daily  life 
which  occur  in  Italian  paintings  are  divided  br 
Helbig  into  two  main  classes,  the  Hellenistic 
genre  pictures  and  the  Romano-Campanlan  real- 
istic scenes.  The  Helleoistic  group,  the  most 
charming  of  all  these  pictures,  are  probably  the 
nearest  reflections  we  have  of  the  genre  spirit  of 
the  painters  of  the  Alexandrine  period.  The 
subjects  are  ideal  treatments  of  daily  life,  prin- 
cipally of  women,  youths,  and  children;  girls 
with  Erotes,  or  with  Pan;  toilet  scenes  snd 
love  scenes :  much  the  same  range  of  subjects 
in  fact  as  those  which  we  have  in  the  idyllic 
poetry  of  the  time,  and  in  the  terra-cotta 
statuettes ;  and  filled  with  the  same  fresh  and 
simple  beauty. 

The  other  class,  which  represent  more  directly 
the  art  of  the  time  to  which  they  belong,  vere 
subjects  apparently  inspired  by  the  fancy  <^  the 
handicraftsman ;  mechanics  at  their  oocupatioos, 
incidents  of  the  market,  bakers,  fishmongers, 
gladiatorial  scenes,  usually  appropriate  to  the 
locality  in  which  they  stand,  and  painted  with  s 
certain  rough  realistic  dexterity.  In  these  two 
classes  we  see  reflected  the  two  main  styles  of 
the  Alexandrine  painters,  the  ideal  sensual  style 
of  Action  and  the  rhyparograpky  of  Feiraictts. 

Of  mythological  scenes  in  Itsdian  painting  we 
have  not  many  examples.  The  most  important 
of  these  have  been  already  noted  in  connexion 


PICTURA 


PICTURA 


417 


Yith  the  Greek  artists  whom  thej  illustrate ; 
ve  vDAj  specially  mention  here  the  aeries  of  four 
fttintingi  on  marble  slabs  from  Hercnlaneum 
(Uelbtg,  WandgmL  Nos.  170  b,  1241,  1405, 
1464),  of  which  the  colours  have  faded,  but  the 
6n«  dnving  in  red  outlines  still  survives  (see 
ctttf,  p.  411).  On  the  finest  of  these,  which 
rtpreie&tf  fire  maidens  inscribed  with  mythical 
namo,  of  whom  two  are  Icneeling  at  the  game 
of  astragaliy  the  artist  has  inscribed  his  name, 
'AA^{aySpot  'A^nuor  (ypoi^p.*  Marble  paint- 
inga  sach  as  these  (and  possibly  also  paintings 
CD  rood)  were  at  one  period  of  Italian  art  used 
in  the  decoration  of  wails,  being  let  into  the  sur- 
face of  the  wall  amidst  the  other  purely  decora- 
tire  de»igiM ;  sometimes,  as  in  the  Roman  house 
03  the  Palatine,  with  the  object  of  imitating 
real  riews  seen  through  open  windows  in  the 
vaii. 

The  majority  of  the  mythological  scenes  now 
in  use  are  chosen  principally  from  the  point  of 
Ttev  of  their  affording  scope  for  the  insertion  of 
Inidtcape:  snch  as  Mount  Ida,  with  the  Judg- 
mtct  of  Psris ;  the  Cancaaos,  with  the  Freeing 
<>i  Prometheus ;  Ariadne  on  Naios ;  the  Icarian 
Nrt,  With  Daedalus  and  Icarus ;  and  the  Odyssey 
iandKspes  already  quoted.  The  gradual  growth 
fi  a  feeliDg  for  landscape  has  been  traceable 
through  the  history  of  the  Greek  painters.  The 
tfctoDJc,  semi-sculptnral  painting  of  Poljgnotus, 
«ith  its  anthropomorphic  ideas  and  formulae 
of  sQggecting  locality,  had  given  way  to  the 
mtrodaction  of  a  definitive  background,  until 
tinajlr,  in  the  Hellenistic  time  of  the  Diadochi, 
iutdacape  had  become  an  end  in  itself.  We  see 
buw  strong  this  growing  influence  was,  in  the 
efect  it  had  upon  sculpture :  from  the  pictorial 
•Koes  on  the  Gjdlbaschi  frieze  to  the  Hellenistic 
itiiefs,  sod  such  wall-decorations  in  sculpture  as 
th«  I)estniction  of  the  Niobides,  or  the  Apotheosis 
ef  Homer,  both  in  the  British  Museum  :  in  both 
the^  esses  the  side  of  a  mountain  is  represented, 
^th  the  figures,  of  diminntive  size,  placed  at 
▼arioos  levels.  The  art  of  landscape  painting, 
£rstmsde  possible  by  Apollodorns,  was  brought 
i^to  repute  by  Antiphifua.  Commencing  with 
iirh  mythological  subjects  which  easily  lent 
tUmselres  to  it,  it  soon  came  to  the  idyllic 
»^Q«s  of  mere  decoration  ;  shrines  in  the  open 
M,  from  the  nmple  tree  hung  with  dedications, 
^]  -gnti  temples  and  elaborate  buildings,  vistas 
rf  n\j  architecture  thronged  with  people,  village 
Wscspes  with  goatherds  and  sheep,  and  coast 
loeaea ;  smong  which,  as  a  reminiscence  donbt- 
^  of  the  originals  by  the  Greek  nainters  of 
AUuiuiris,  Egyptian  landscapes  also  occur. 
A4  an  instance  of  this  last,  we  may  quote  the 
^lebrated  Palestrina  mosaic;  here,  in  a  birdV 
<J«  view,  b  a  town  flooded  by  the  Nile,  with  a 
WkgTonnd  of  desert ;  negroes  hunting  fabulous 
i^Dtters,  islands  with  palms  and  cypresses,  and 
0  rerni  with  buildings  of  all  kinds,  hippopotami 
'^  crocodiles.  In  this  connexion  we  have  the 
cuie  of  a  Roman  painter,  contemporarv  of 
Atigostos,  in  an  intereating  paasage  of  Pliny 
(uxr.  {  116) ;  he  says  that  LuDiUB  (or  Sextus 

*  UclUg  points  OQt  that  this  sfgnarare  may  possibly 

'^r  to  the  ofrigiiMU  painter  who  designed  the  oompod- 

^:  It  b  desr.  st  saj  rate,  that  all  four  of  tbeM  paint- 

^vceopUsoT  eaxlier  pictures,  possibly  by  the  same 
Uad. 


Tadius?)  was  *'the  first*  to  bring  in  a  singularly 
delightful  fashion  of  wall-painting ;  villas,  colon- 
nades, examples  of  landscape  gardening,  woods 
and  sacred  groves,  reservoirs,  straits,  rivers, 
coasts,  all  according  to  the  heart's  desire ;  and 
amidst  them  passengers  of  all  kinds  on  foot,  in 
boats,  driving  in  carriages  or  riding  on  asses  to 
visit  their  country  properties;  furthermore, 
fishermen,  bird-catchers,  hunters,  vintagers; 
or  again,  he  exhibits  stately  villas,  to  which 
the  approach  is  through  a  swamp,  with  men 
ataggering  under  the  weight  of  the  frightened 
women  whom  they  have  bargained  to  carry  on 
their  shoulders;  and  many  another  excellent 
and  entertaining  device  of  the  same  kind.  The 
same  artist  also  set  the  fashion  of  painting  views, 
and  that  wonderfully  cheap,  of  seaside  towns  in 
broad  daylight."  The  name  of  Ludius  has  a 
special  interest  in  the  fact  that  he  is  the  only 
artist  mentioned  in  antiquity  of  whose  painting 
a  specimen  has  probably  come  down  to  us.  In 
the  Villa  of  Livin  at  Rome  were  found  in  1863 
the  four  walls  of  a  room  on  which  taken  to- 
gether the  entire  plan  of  a  garden  is  painted 
(one  of  the  walls  is  given  in  colours  in  Anti/:e 
DenkmSler,  i.  Taf.  11  ;  another  in  outline, 
i6.  Taf.  24).  **  As  this  kind  of  garden  piece 
is  emphatically  attributed  to  Ludius  by  Pliny, 
and  as  the  villa  belonged  to  the  imperial  family 
in  his  time,  and  would  doubtless  therefore  have 
been  put  into  the  hands  of  the  decorator  most 
in  repute ;  and  lastly,  as  the  technical  finish  of 
the  work  surpasses  that  of  all  other  existing 
antique  wall-paintings,  the  opinion  advanced  by 
Bmnn,  that  it  is  from  the  hand  of  Ludius  him- 
self, must  not  be  hastily  set  aside"  (Woltmann). 

If  we  examine  ancient  landscapes  in  the  light 
of  our  modem  knowledge,  the  great  difference 
that  strikes  us  b  the  ancient  lack  of  feeling  for 
the  charm  of  atmosphere.  As  a  rule  the  horizon 
was  placed  abnormally  high,  and  the  various 
parts  of  the  subject  were  distributed  over  the 
space  in  clear  and  equable  light :  this  is  generally 
toned  off  towards  the  sky-line,  but  special  effects 
of  light  are  rare.  In  an  Endymion  subject  we 
have  rays  of  moonlight ;  in  the  Odyssey  under- 
world a  special  ray  of  light  is  introduced  through 
an  aperture  in  the  rock;  and  in  one  case  we 
have  a  sunset  effect:  but  these  are  isolated 
instances.  Moreover,  the  perspective,  both 
aerial  and  linear,  is  seldom  perfect.  But  in  all 
these  cases  we  must  remember  that  the  specimens 
before  us  are  merely  the  work  of  decorators  and 
handicraftsmen,  usually  executed  in  fresco,  and 
that  possibly  in  the  works  of  the  great  Greek 
masters  these  criticisms  would  not  apply. 

It  will  be  seen  that  almost  all  the  paintings 
by  which  we  can  test  the  Hellenic  art  were 
executed  in  Italy.  Very  few  have  as  yet  been 
found  there  of  the  Republican  period.  In  Rome 
the  pictures  found  mostly  belong  to  one  style. 
In  Pompeii  the  majority  belong  to  the  last  ten 
years  before  the  destruction  of  the  city  in  a.d.  79, 


*  Pliny's  seal  for  the  honour  of  his  countrymen  has 
led  him  into  an  exaggeration  here :  Ludius  was  cerUinly 
not  the  first;  he  may  have  revived  the  art  in  Rome, 
and  perhaps  have  invented  some  of  the  motives  which 
Pliny  mentions  and  which  Vitmvius  (vll.  6)  does  not 
allude  to  as  belonging  to  the  "andent "  style  of  decora- 
tion. The  translation  of  the  Pliny  passage  Is  taken 
ftom  Woltmann  and  Woennann. 

2  E 


418 


PIC  I UBA 


bat  within  this  limit  of  date  there  ia  great 
variety  of  atyle.  Vitruvius  (vii.  5),  writing  at 
about  the  time  of  Augustus,  gives  a  sketch  of 
the  history  of  mural  decoration  from  the  Alex- 
andrian age.  Formerly,  he  saySi  the  ancients 
used  to  imitate  marble  incrustations*  in  com- 
bination sometimes  with  architectural  members. 
Later,  it  had  been  customary  to  paint  upon  the 
walls  imitation  buildings,  columns  and  pedi- 
ments, landscapes  and  mythological  subjecti: 
such  as  "  harbours,  promontories,  shores,  riyerB, 
fountains,  aqueducts,  temples,  grores,  mountains, 
herds  and  herdsmen;  or  in  some  places  speci- 
mens of  Megalographia,  such  as  mythological 
scenes,  Trojan  battles,  or  vsanderings  of  Odysseus 
arranged  in  panels  **  (see  the  Odyssey  landscapes 
above  quoted).  All  these  subjects  were  suit- 
able, '*  because  Painting  is  the  representation  of 
what  eiists  or  might  exist."  But  now  subjects 
taken  from  reality  are  despised.  **  We  see  upon 
our  walls  nowadays  not  so  much  copies  of  actual 
things,  OS  fantastic  monstrosities:  thus  reeds 
take  the  place  of  columns  in  a  design ;  ribboned 
and  streamered  ornaments,  with  curling  leaves 
and  spiral  tendrils,  take  the  place  of  pediments  ; 
diminntire  temples  are  supported  upon  can- 
delabra ;  vegetable  shapes  spring  from  the  top  of 
pediments  and  send  forth  multitudes  of  delicate 
stems,  with  twining  tendrils  and  figures  seated 
meaninglessly  among  them ;  nay,  from  the  very 
flowers  which  the  stalks  sustain  are  made  to 
issue  demi-figures  hisring  the  heads  sometimes  of 
human  beings  and  sometimes  of  brutes." 

Assisted  by  this  criticism  of  Vitruvius,  we 
are  able  to  trace  differences  of  style  in  the 
development  of  wall  decoration,  corresponding 
to  the  different  epochs.  (1)  The  regular  and 
stable  painted  semi -columns  and  pilasters,  the 
topia  of  Vitruvius,  like  the  Odyssey  scenes. 
(2)  Reed-like  supports,  which  are  gradually 
developed  until  (3)  a  network  of  these  con- 
structions coven  the  whole  intermediate  space, 
the  structural  idea  being  lost  sight  of. 

Taken  all  in  all,  our  direct  monumental 
evidence  of  Greek  painting  is  very  small ;  for 
our  literary  evidence,  we  have  mainly  to  rely  on 
Pliny,  who,  as  we  have  seen,  is  as  a  recorder  of 
bare  facts  often  untrustworthy,  and  as  an 
independent  art  critic  deplorable.  The  true  art 
critic  of  antiquity,  Lucian,  who  in  matters  of 
taste  and  understanding  shows  excellent  judg- 
ment, has  left  a  few  precious  descriptions  which 
give  a  real  insight  as  far  as  they  go.  If  Pliny 
had  been  gifted  with  the  critical  faculty  and 
insight  of  Lucian,  we  should  now  be  better  able 
to  decide  the  question  as  to  how  far  the  standard 
of  painting  of  the  ancients  was  worthy  to 
compare  with  that  of  their  sculptures.  If  in 
technical  correctness  they  were  imperfect,  we 
may  be  sure  that  their  artistic  instinct  would 
have  served  in  a  great  measure  to  cover  this 
defect,  and  that  in  drawing  and  compiwition,  at 
least,  they  did  not  fall  short  of  the  greatest 
masterpieces  of  modem  times. 

17.  Authorities.  —  The  principal  literary 
sources  of  information  upon  the  history,  methods, 
and  achievements  of  ancient  painting  are  Pliny 
the  elder,  in  his  NaturaOs  Historiaj  Pausanias,  and 
Qnintilian ;  the  writings  also  of  Lucian,  Plutarch, 

*  cyiMta«jMir<«tum;  the  marble  slabs  with  paintings, 
which  were  let  Into  walls. 


PICTURA 

Athenaeus,  Aristotle,  Aelian,  Cicero,  the  elder 
and  younger  Philostratus,  and  Vitruvius,  con- 
tain many  incidental  remarks  which  are  of  greit 
value  in  the  history  of  a  subject  like  Painting, 
in  which  so  little  has  survived  to  us  from 
antiquity. 

The  whole  of  the  akcient  PAfl&iOES  relating  to 
Painting  are  catalogued  under  the  names  of  the 
artistsorof  the  period  to  which  they  refer,  in  Over- 
beck's  Die  antiken  SchriftqueUen,  Leipzig,  1868. 

Of  the  numerous  tracts  which  have  beeo 
devoted  to  the  elucidation  and  emendation  of 
these  texts,  we  may  select  the  following:— 
Urlichs,  Chrestomathia  Pliniana,  1857,  and  the 
same  author  in  Rhein,  Mus.  xxv.  p.  507,  kc; 
Oehmichen,  PlinianiscKe  Studien,  Erlangen,  1880; 
Furtwiingler  in  Fleckeisen*s  JahH>6cher  fUr  d, 
Ph,  Spbd.  9 ;  Kroker,  QMchnamige  KvnstUr, 
Leipzig,  1883;  Robert,  ArchSohgische  Marchn^ 
Berlin,  1887;  Holwerda  in  Mnemosyne^  ''Ik 
Pictorum  historia  apud  Plinium,"  1888;  and 
especially  Klein's  two  articles  in  Arch.-£pig.  Mii' 
theilungen  aus  Oesterreich-  Unganiy  xL  pp.  193- 
233,  '*  Die  Sikyonische  Schule,"  and  xiL  pp.  86- 
127,  '<  Die  Helladische  und  Asiatische  Schale.** 

In  the  following  works  a  more  or  Icssoenesal 
TBEATVENT  of  the  subject  has  been  attempted : 
— Raoul-Rochette,  Peintures  aiUiques  Inediiet, 
Paris,  1836  (somewhat  out  of  date);  Brann, 
QeschichU  der  Griechischen  KOnstler,  2nd  edit, 
vol.  ii.,  1889 ;  Woltmann  and  Woermann,  Bi- 
tory  of  Painting  (English  edition,  edited  br 
Sidney  Colvin),  1880 ;  and  the  article  "  Malerei " 
in  Baumeister's  DenkmSler, 

For  the  study  of  individual  details,  see  the 
following : — 

Technique. — ^Blumner,  Technoiogie  und  7(rr> 
minologie  der  Gewerbe  wid  KunsU  bei  Grie-'h^ 
und  Bdmemy  1874-87,  esp.  iv.  p.  414  fol: 
the  article  in  Baumeister,  already  quoted ;  ac^i 
Helbig  und  Donner,  Oniersuchungen  uher  dii 
Campanische  Wandmalereif  1873. 

Encaustic. — ^Helbig  und  Donner,  loc.  cii.\ 
Blumner,  loc.  ciY.  iii.  p.  200  fol. ;  Cros  et  Henrr, 
L* Encaustiqua^  1884;  Donner  in  BeCaqe  sv 
Allgemeine  Zeitung  (Munich),  1888,  pp.  2641 -:>, 
Petrie,  Havoara^  Biakmu,  and  Arikkoe,  l^% 
pp.  17-21,  37-46. 

POLTCHBOMT  07  SCULFTDRE  AVD  ARCm- 

TECTURB.— Baumeister's  DenhnSler,s,r,  **PoIt- 
chromie;"  Boeckler,  Die  Polychromie  in  (Ur 
arUiken  Sculptur,  1882 ;  Tren,  Sollen  wir  wsfn 
Statuen  bemalenf  Berlin,  •  1884,  and  in  ArcL 
Jahrbuchy  1889,  p.  18. 

MosAia — Raoul-Rochette,  2bc  eit.  pp.  345-A ; 
Engelmann  in  Shein,  Mus,  xziz.  pp.  561-^9: 
Bliimner,  loc.  cit.  iii.  p.  323 ;  and  BanmeiiterV 
DenkmSlerf  s.  v.  **  Mosaik." 

HiSTORT. — Studniczka  in  Ardi  Jahrh.  18S7, 
pp.  135-168;  Dilmmler  in  the  same,  18S7, 
pp.  168-178  (on  Polygnotus);  Wiener  Vtyrleg^ 
bUUter  for  1888,  plL  x.-xii.  (for  restorations 
of  the  niupersis  of  Polvgnotus) ;  Schreiber,  />tV 
HellenisUsohen  JReliefbi'lder,  1890;  Wustmann, 
ApelUs*  Leben  und  Werke,  Leipzig,  1870;  Woer- 
mann.  Die  Landschaft  m  der  Kunst  der  ftntikrn 
Vdiker,  1876 ;  Helbig  und  Donner,  Wandgemaltk 
der  vom  Vesuo  verschitteten  Stadte^  1868;  Urlichs 
Die  Malerei  in  Sam  vor  CSsar^s  DictatuTj  Wflr*- 
burg,  1876;  Woermann,  Die  antiken  Odysf^' 
landschaften  (six  plates  in  colour),  Munich. 
1875 ;  Mau,  Gem^uMe  der  deooratken   Wof^- 


PIGNUS 


PIGNU8 


419 


maifrti  in  Pompeii,  1882 ;  Kiocolini,  Ze  Case  ed 
i  MomanetUi  eU  Pompeii^  1854,  fol. ;  Overbeck, 
Pompei,  4th  edition.  For  the  Galleries  of  the 
Philostrati,  see  Fleckeisen's  JaMOcher,  Spbd.  4, 
pp.  179-306,  and  Spbd.  5,  pp.  135-181 ;  Fhilo- 
Ifogus,  xxzi.  p.  585  ;  Boagot,  Philoatrate  Panden  ; 
aai  Magazine  of  Art,  t.  p.  371.  For  repro- 
(hctioDs  of  Mnrml  Paintings,  see  Monmnenti  delV 
luL  AreA.  throughout;  Baitoli  and  Bellori, 
Le  FiUwt  anticke  delta  Qrotta  di  BomOy  1706 ; 
Bartoli^  GliaidiohiSepohriy  1727;  Harriet  Rouz, 
Fmpei  et  Hercuhmewoiy  1840,  &c.  (7  toIs.). 

For  a  fuller  bibliography  of  the  subject,  see 
Bnmet's  Mamtel  du  JUltraire,  torn.  yi.  pp.  1688- 
9»  ud  especially  £.  Hubner's  Bibliographie 
der  kiattttcAen  AlterihwnswiuenKhaftj  Berlin, 

\m.  [c.  s.] 

PIGNUS.  A  thing  is  said  to  be  pledged  to 
a  man  when  it  is  made  security  to  him  for  the 
satisfaction  of  some  debt  or  obligation  due  to 
liiia,  the  creditor  acquiring  a  right  in  the  thing 
(Jedgsd  ayailable  against  third  parties  as  well 
«  agaiast  the  pledger,  thouffh  the  latter  remains 
vwatioi  the  thing.  Thus  the  right  of  pignus  or 
|*2edge  belongs  to  the  class  of  jura  in  re  ediend. 

The  progress  of  the  Roman  law  of  pledge  can 
U  dearly  traced.  In  the  law  of  the  l^elre 
Tablet  there  was  no  independent  right  of  pledge 
a&  distinct  from  a  right  of  ownership,  the  only 
mode  of  giring  security  in  early  times  being  by 
a  traufer  of  Quiritarian  ownership  of  the  thing 
tu  th«  creditor  by-  mancipation  or  m  jure  ceseio, 
«D  ooadition  of  its  being  re-conyeyed  when  the 
debt  was  paid  (jut  rcmandpetw,  injure  cedatur), 
[FiDCCiA.]  The  creditor  who  failed  to  re-conrey 
vben  the  debt  was  paid  might  be  sued  by  a 
personal  action,  called  actio  fiduciae,  for  breach 
<ii'aith;  but  as  the  debtor  had  parted  with  the 
cvnenhip  of  the  thing,  he  had  no  real  action 
*gamst  third  parties  in  respect  of  it.  The  first 
step  in  advance  from  this  clumsy  contriyance  of 
acoare^ance  and  a  re-conyeyanoe  was  the  es- 
Ublishmoit  of  pignus,  using  this  term  in  its 
>tnct  sense:  pignus  was  constituted  by  the 
*uDple  deliyery  of  a  thing  to  the  creditor  as 
securitT  for  his  debt  without  conyeying  the 
^'^ittrbhjp  of  it  to  him.  The  creditor  acquired 
^7  tbe  itliTtTj  legal  possession  of  the  thing, being 
(•rat«ctcd  by  possessory  interdicts,  but  he  had  no 
Ttii  action  (actio  in  rem)  against  third  parties ; 
i^reorer  he  could  not  dispose  of  the  pigrnus  to 
'•otaiD  satisfaction  of  his  claim,  nor  could  he 
^  ate  of  it  whUe  in  his  possession,  but  had 
amplj  a  right  of  retention.  It  was  a  common 
pri<tice,  howeyer,  for  the  parties  to  a  pledge  to 
»ake  a  condition,  called  Lex  Commissoria,  by 
V^  if  the  debt  was  not  paid,  the  thing 
P<^  the  property  of  the  pledgee.  It  will  be 
that  this  form  of  security  was  less  ad- 
^«ons  to  a  creditor  than  that  of  a  oonyey- 
witb  a  fiduda,  and  that,  on  the  other  hand,  it 
^'i  interfere  so  much  with  the  rights  of  the 
^'ty  since  he  remained  owner  of  the  pignus 
Uas  able  to  yindicate  it  Arom  any  third  party. 
Ultimately  the  praetor  made  a  great  reform 
^  law  of  pledge  by  allowing  a  pledge  to  be 
Stated  by  simple  agreement  (nuda  cou' 
/d\  thus  making  deliyery  a  matter  of 
j««  and  by  giriog  an  actio  in  rem  to  a 
^^  without  depriytng  the  pledger  of  his 
nhip.  This  change  was  first  instituted  to 
'  4  landlord  to  recoyer  the  property  (•»- 


vecta  et  Ulata)  of  his  farming  tenant  (cohnus) 
which  had  been  pledged  to  him  for  his  rent  (pro 
mercedSms  fundi),  the  remedies  for  this  purpose 
being  the  interdiotum  Salvianwn  [Interdictitm] 
and  the  actio  Sertfiana  in  rem.  The  latter 
remedy  was  extended  under  the  name  of  actio 
quasi'Serviana  or  hypothecariOf  generally  to 
creditors  who  had  things  pignerated  or  hypothe- 
cated to  them,  whether  by  deliyery  or  simple 
agreement.  The  creditor  also  acquired  the  power 
of  selling  the  thing  pledged  if  his  debt  was  not 
satisfied. 

The  term  pignus  may  signify  generally  a  thing 
pledged  in  any  way,  but  in  a  strict  sense  it 
means  a  thing  pledged  by  deliyery,  hypotheca 
being  the  proper  term  for  a  thing  pledged  by 
mere  agreement  (Dig.  13,  7,  9,  §  2 ;  Isid.  Orig. 
5,  25 ;  see  also  Cic  ad  Fam,  xiii.  56).  Gains 
(Dig.  50,  16,  238)  says  that  pignus  u  deriyed 
from  pugnus  *'  quia  quae  pignori  dantur,  manu 
traduntur."  This  is  one  of  seyeral  instances  of 
the  failure  of  the  Roman  jurists  when  they 
attempted  etymological  explanation  of  words 
[MuTUUic].  The  element  of  pignus  (pig)  is 
contained  in  the  word  pal^njgo  (Gr.  iHtyyvfii} 
and  its  cognate  forms. 

Haying  traced  the  history  of  pledge,  we  pro- 
ceed to  giye  some  account  of  the  law  on  the 
subject  as  it  appears  in  Justinian's  legislation. 
A  right  of  pledge  or  mortgage  cannot  arise  or 
continue  unless  there  is  some  principal  obligation 
to  which  it  is  accessory.  The  principal  obliga- 
tion may  be  of  any  kind,  as  for  money  borrowed 
(mutua  pecunid),  or  for  dos,  letting  and  hiring, 
mandate;  it  may  be  conditional  or  unconditional, 
for  part  of  a  sum  of  money  as  well  as  for  the 
whole  (Dig.  20,  1,  5).  It  could  be  one  not  en- 
forceable by  action,  but  only  binding  naturaliter 
(Dig.  20, 1, 14,  §  1>  [Obltoatio.]  The  amount 
for  which  a  pledge  was  security  depended  on  the 
agreement:  it  might  be  for  principal  and  interest 
or  for  either ;  or  it  might  comprehend  principal 
and  interest,  and  all  costs  and  expenses  which  the 
pledgee  might  be  put  to  on  account  of  the  thing 
pledged  (Dig.  13,  17, 8,  §  25).  Anything  could 
be  the  object  of  pignus  which  could  be  an  object 
of  commerce  (Dig.  20, 1,  9 ;  Dig.  20,  3,  **  quae  res 
pignori  yel  hypothecae  datae  obligari  npn  pos- 
JUnt"),  moyable  as  well  as  immoyable  things, 
eyen  things  which  are  consumed  by  the  use. 
It  might  be  a  thing  corporeal  or  incorporeal, 
a  single  thing  or  an  entire  property.  If  a 
single  thing  was  pledged,  the  thing  with  all  its 
increase  was  the  security,  as  in  the  case  of  a 
piece  of  land  increased  by  alluyio.  If  a  shop 
(tabemd)  was  pledged,  all  the  goods  in  it  were 
pledged;  and  if  some  of  these  were  sold  and 
others  bought  in,  and  the  pledger  died,  the 
pledgee's  security  was  the  shop  and  all  that  it 
contained  at  the  time  of  the  pledger's  death 
(Dig.  20,  1,  34).  If  all  a  man's  property  was 
pledged,  the  pledge  comprehended  also  his  future 
property,  unless  such  property  was  clearly  ex- 
cepted. A  man- might  also  pledge  any  claim  or 
demand  that  he  had  against  another.  It  is  to 
be  noticed  that  the  objects  of  pledge  were  much 
extended  by  the  establishment  of  the  principle 
of  hypotheca,  since  preyiously  only  such  property 
could  be  pledged  as  was  capable  of  deliyery. 
The  act  of  pledging  required  no  particular  form. 
Nothing  more  was  requisite  to  establish  the 
yalidity  of  a  pledge  than  proof  of  the  agree- 

2  £  2 


, 


420 


PIGNUS 


PIGNUS 


ment  of  the  parties  to  it.  It  was  called  oon- 
tradus  pigneratUiiu  when  it  was  a  case  of 
pignus;  And  pactum  hypotheoae,  when  it  was  a 
case  of  hypotheca:  in  the  foimer  case,  as  we 
have  seen,  delivery  was  necessary.  A  man  might 
also  by  his  testament  make  a  pignus  (Dig.  13, 7, 
26).  A  man  could  only  pledge  a  thing  when  he 
was  the  owner  and  had  full  power  of  disposing 
of  it.  If  a  man  pledged  a  thing  which  was  not 
his,  he  did  not  make  the  tiling  a  pignus,  but  the 
creditor  had  the  right  of  bringing  an  actio  Publi- 
ciana  for  its  recovery,  if  the  pledger  could  main- 
tain this  action.  If  the  pledger  afterwards 
became  owner  of  the  thing,  the  pledge  became 
a  valid  one  under  certain  circumstances  (Dig.  13, 
7,  20;  20,  2,  5:  cf.  Windscheid,  I'andekten,  1, 
§  230). 

A  pignus  might  be  created  by  law ;  that  is, 
there  was  among  the  Romans  an  implied  hy- 
pothec (tacita  hypothecoj  pignora  tacHe  con' 
tractd)f  which  existed  not  by  consent  of  the 
parties  but  by  rule  of  law  {ipso  jure),  in  respect 
of  particular  kinds  of  obligations  (Dig.  20,  2, 
**In  quibus  causis  pignus  vel  hypotheca  tacite 
contrahitur  ").  These  hypothecae  had  either  for 
their  object  some  particular  things  belonging 
to  the  debtor — special  hypothec;  or  his  entire 
property,  present  and  future — general  hypothec. 

The  following  are  instances  of  special  hypo- 
thecae:— 1.  The  lessor  of  a  building  or  land 
not  intended  to  be  used  for  agricultural  purposes 
had  a  hypotheca,  in  respect  of  his  claims  arising 
out  of  the  contract  of  hiring,  on  everything  which 
the  lessee  (inquUiwus)  brought  upon  the  premises 
for  constant  use  (invecta  et  illata),  2.  The  lessor 
of  agricultural  land  had  an  hypotheca  on  the 
farm  as  soon  as  they  were  collected  by  the  lessee 
{colonua)  for  claims  arising  from  the  lease 
(Dig.  20,  2,  7 ;  19,  2,  24.  From  this  rule  of 
Roman  law  the  old  Scotch  law  of  hypothec 
seems  to  have  been  derived).  3.  A  person  who 
lent  money  to  repair  a  ruinous  house  had  an 
hypotheca  on  the  house  for  the  amount  of  his 
money  which  had  been  laid  out  on  such  repair. 
(This  hypothec  was  established  by  a  senatus- 
consultum  under  the  Emperor  Marcus.)  4.  Pupilli 
had  a  hypotheca  on  things  which  were  bought 
with  their  money,  but  not  in  their  name.  (Con- 
stitution of  Severus  and  Caracalla.)  5.  A  legatee 
had  a  hypothec  on  any  property  which  the  person 
charged  with  the  legacy  had  derived  from  the 
estate  of  the  testator. 

The  following  are  the  cases  of  general  hy- 
pothecae : — 1.  The  fiscus  had  a  general  hypotheca 
on  the  property  of  its  debtors  in  respect  of  all 
claims  for  penalties.  (For  the  history  of  the  law 
on  this  subject,  seeDemburg,  i.  §§  41, 43.)  2.  The 
Emperor  personally  and  the  Empress  on  goods  of 
their  debtors  (Dig.  49,  14,  6,  §  1).  3.  The  hus- 
band on  the  property  of  him  who  promised  a  dos. 
4.  The  wife  on  the  property  of  her  husband  for 
recovery  of  dos  and  paraphema  in  her  husband's 
possession,  and  in  respect  of  claims  arising  from 
d<maiio  propter  nuptias,  5.  Minors  and  lunatics 
on  the  property  of  their  guardians.  6.  Children 
under  certain  circumstances  against  the  estates  of 
their  father  or  mother  (Windscheid,  Pawiekteny  ii. 
§  232).  7.  Churches  on  the  property  of  their 
emphyteutic  tenants  for  enforcing  liabilities  on 
account  of  waste  (Kov.  1,  c.  3,  2). 

Pignus  might  be  created  by  a  jndicisl  sen- 
tence,  aa  for  instance   by  the  decree  of  the 


praetor  giving  to  a  creditor  power  to  take  po» 
session  of  his  debtor's  property  (mtssio  crtdiUjri 
in  bona  debUoris) ;  either  a  single  thing  oral)  hit 
property,  as  the  case  might  be.  But  the  per 
mission  or  command  of  the  magistratns  did  no 
effect  a  pledge,  unless  the  person  actuallj  tool 
possession  of  the  thing.  The  following  an 
instances: — The  immitaio  damni  infecU  cau« 
[Daxkum  iNFBCTUlf];  legotorwn  teromdonu 
oatiso,  which  had  for  its  object  the  securing  of  i 
legacy  which  had  been  left  9ub  ooniuione  or  (£ 
(IHg.  36,  4);  missio  tentris  momine  in  poua 
sionsm,  when  the  pregnant  widow  was  allowe 
to  take  possession  of  the  inheritance  for  the  pro 
tection  of  a  postumus.  The  right  which  a  persa 
obtained  by  such  tmmissio  was  called  pign* 
praetorium,  Pignus  judicicUe  was  when  the  jude: 
ordered  the  goods  of  a  person  to  be  taken  t 
security  for  the  satisfaction  of  a  judgment  (ei 
causa  jtuUcatf), 

The  person  who  had  given  a  pledge  was  itil 
owner  of  the  thing  that  was  pledged.  He  coal< 
therefore  use  the  thing  and  enjoy  its  fntctvi 
if  he  had  not  given  up  possession.  Bat  t^i 
agreement  might  be  that  the  creditor  tboolt 
have  the  use  or  profit  of  the  thing  iiistead  o: 
interest,  which  kind  of  contract  was  csll« 
antichresis  or  mutua)  use :  if  there  »*ai  o< 
agreement  as  to  use,  the  creditor  could  not  nu 
the  thing  even  if  it  was  in  his  possession.  Th( 
pledger  could  also  sell  the  thing  pledged,  unles 
there  was  some  agreement  to  the  contrarj,  but 
such  sale  could  not  affect  the  right  of  th< 
pledgee  (Dig.  13,  7,  18,  §  2).  If  the  pIeJg«i 
sold  and  delivered  a  movable  thing  that  %m 
pignerated  or  was  specially  hypothecat«d| 
without  the  knowledge  and  consent  o(  th< 
creditor,  he  was  guilty  of  furtum  (Dig.  20, 1 
13,  2 ;  47,  19,  6 ;  66,  4).  If  the  pledger  al 
the  time  of  a  pignus  being  given  was  Dot  Uh 
owner  of  a  thing,  but  had  the  possession  of  it 
he  could  still  acquire  the  property  of  the  thinj 
by  usucapion,  while  it  was  in  the  pos&essiuD  oj 
the  pledgee,  for  the  pledging  was  not  an  inter 
ruption  of  the  usucapion  [PoaSBSSio].  Thi 
pledgee  might  either  have  possession  of  tb 
thing  from  the  first  by  delivery,  or  might  bar 
taken  possession  subsequently  on  account  of  tbi 
default  of  the  debtor.  In  either  case  he  va 
entitled  to  keep  possession  till  his  demand  wa 
fully  satisfied.  For  the  purpose  of  obtaini^ 
possession  of  the  pledge  he  had  the  actio  hj\ 
thecaria  or  actio  quasi-Serviana  against  eri 
person  who  was  in  possession  of  it ;  bis  ri| 
to  recover  in  this  action  was  derived  from  ( 
title  of  the  person  who  had  pledged  the  thiogj 
him.  If  a  pledgee  could  not  obtain 
of  the  thing  pledged,  or  was  evicted  on 
of  some  defect  in  the  title  of  the  pledi^er, 
only  remedy  was  a  personal  action  against 
latter-  A  creditor  who  had  a  pignus  had 
a  right  to  the  interdicta  rttinetdae  et 
randae  possessionis.    riNTERDiCTUM.] 

A  pledgee  could  pledge  the  thing  that 
pledged  to  him ;  that  ia,  he  could  transfer^ 
pignus  (Dig.  20, 1, 13,  §  2).  In  case  his  de 
was  not  satisfied  at  the  time  agreed  oo, 
pledgee  had  a  right  to  sell  the  thing  and 
himself  out  of  the  proceeds  (Jus  distraJktnd^ 
wndendi  pignus).  (Dig.  20,  5 ;  Cod.  8,  27, 
This  power  of  sale  might  be  quali^ed  by 
terms  of  the  agreement ;  but  the  creditor 


PIGNU8 


PELA 


421 


oot  b«  deprired  of  all  power  of  sale,  nor  could 
he  be  compelled  to  exercise  his  power  of  sale. 
Gaios  (il  64)  illustrates  the  proposition  that  a 
person  who  was  not  owner  of  a  thing  could  in 
aom«  cases  alienate  it,  br  the  example  of  the 
ri^ht  of  a  pledgee  to  sell  the  thing  pledged ; 
but  he  adds  that  the  right  of  sale  in  thb  case 
nosy  perhaps  be  referred  to  the  consent  of  the 
debtor  or  owner,  who  bj  entering  into  a  con- 
tnet  of  pledge  agreed  that  the  pledgee  should 
bre  such  right.  In  case  of  a  sale  tlie  creditor, 
socordiag  to  the  later  law,  must  give  the  debtor 
time  separate  notices  of  his  intention  to  sell ; 
aad  sfier  the  last  of  such  notices,  he  must  wait 
two  rears  before  he  could  legall  j  make  a  sale. 
If  anything  remained  over  after  satisfying  the 
creditor,  it  was  his  duty  to  gire  it  to  the  debtor  ; 
and  if  the  price  was  insufficient  to  satisfy  the 
cnditor's  demand,  his  debtor  was  still  debtor 
for  the  remainder.  If  no  purchaser  at  a  reason- 
able price  could  be  found,  the  creditor  might 
become  the  purchaser,  but  still  the  debtor  had 
a  ri^ht  to  redeem  the  thing  within  two  years 
QD  condition  of  fully  satisfying  the  creditor 
(Cod.  8,  34,  3). 

An  agreement  that  a  pledge  should  be  for- 
feited in  case  the  demand  was  not  paid  at  the 
time  agreed  on  was  originally  very  common ; 
bot  it  was  declared  by  Constantine,  A.D.  326,  to 
be  illegal.     [COMMISSOBIA  Lez.] 

A  pledgee  who  had  acquired  possession  of  a 
pigniu  was  under  an  obligation  to  i-estore  it  to 
the  pledger  on  payment  of  the  debt  for  which 
it  bad  been  giren  ;  and  up  to  that  time  he  was 
bf^ond  to  take  such  care  of  it  as  a  careful  person 
vuald  take.  On  paym  ent  of  the  debt,  he  might 
be  sued  by  the  pledger  in  a  personal  action  called 
^^io  pignoratUiOj  for  the  restoration  of  the 
tbittg,  and  for  any  damage  that  it  had  sustained 
tbroagh  his  neglect.  The  remedy  of  the 
[■Ifrlgee  against  the  pledger  for  his  proper  costs 
and  charges  in  respect  of  the  pledge,  and  for 
Anr  dolus  or  culpa  on  the  part  of  the  pledger 
relating  thereto,  was  by    an  actio  ptgnoratUia 

If  there  were  aereral  creditors  to  whom  a 

thing  was  pledged  which   was   insufficient  to 

atisfj  them  all,  he  whose  pledge  was  prior  in 

lime  had  a  preference  over  the  rest  ("  potior  est 

in  pigncre  qui  prius  credidit  pecuniam  et  accepit 

typothecam,"   Dig.   20,  4,   11).     There    were 

seme  exceptions  to  this  rule :  for  instance,  when 

a  AQbiequent  pledgee  had  lent  his  money  to  save 

the  thing  pledged  from  destruction,  he  had  a 

preference  oxer  a  prior  pledgee  (Dig.  20,  4, 

§$  ^<  6).    This  rule  has  been  adopted  in  the 

t^flish  law  as  to  money  lent  on  ships  and 

*<nired  by  bottomry    bonds.     Certain    hypo- 

tbecae  had  a  preference  or  priority  (privilegium) 

<Ter  all  other  claims.     Of  these  claimants,  the 

Tucns  came  first  in  respect  of  taxes  and  con- 

^cts;  then  the  wife  in  respect  of  her  doe ;  and 

^^  those  who  had  been  put  to  some  expense 

^  repairmg  or  restoring  a  thing.     In  the  case 

^  nnprivileged  creditors,  the  general  rule,  as 

^rcady  observed,   was  that   priority   in   time 

^^e  priority  of   right.       But    a    hypotheca 

•Jiich  could  be  proved  by  a  writing  executed  in 

^  certain  public  form  (instrumentum  publice  con' 

/^lon),  or  which  was  proved  by  the  signatures 

^^  three  reputable  persons  (instrumentum  quasi 

;«M»Kcwi/(0rfum),  had  a  priority  over  all  those 


which  could  not  be  so  proved.  If  several  hypo- 
thecae  of  the  same  kind  were  of  the  same  date, 
he  who  was  in  possession  of  the  thing  had  a 
priority.  The  creditor  who  had  for  any  reason 
the  priority  over  the  rest  was  entitled  to  be 
satisfied  to  the  full  amount  of  his  claim  out  of 
the  proceeds  of  the  thing  pledged.  A  !»i:bse- 
quent  creditor  could  obtain  the  rights  of  a  prior 
creditor  in  several  ways.  If  he  furuishi^d  the 
debtor  with  money  to  pay  off  the  debt,  on  the 
condition  of  standing  in  his  place,  and  the 
money  was  actually  paid  to  the  prior  creditor, 
the  subsequent  creditor  stepped  into  the  place 
of  the  prior  creditor  (Dig.  20,  3,  3).  Also  if  he 
purchased  a  thing  on  the  condition  that  the 
purchase  money  should  go  to  satisfy  a  prior 
creditor,  he  thereby  stepped  into  his  place.  A 
subsequent  creditor  could  also,  without  the  con- 
sent either  of  a  prior  creditor  or  of  the  debtor, 
pay  off  a  prior  creditor,  and  stand  in  his  place 
to  the  amount  of  the  sum  so  paid.  This 
arrangement,  however,  did  not  affect  the  rights 
of  an  intermediate  pledgee  (Dig.  20,  4,  16). 

The  pledge  was  extinguished  by  a  release  of 
it  on  the  part  of  the  creditor,  also  by  the 
destruction  of  the  thing,  for  the  loss  was  the 
owner's ;  it  was  also  extinguished  if  the  thing 
was  changed  so  as  no  longer  to  be  the  same, 
and  not  capable  of  being  restored  to  its  foi-mer 
state  (Dig.  13,  7,  18,  §  3);  further,  it  was 
extinguished  by  confusio  —  that  is,  when  the 
right  of  ownership  and  right  of  pledge  were 
merged  in  the  same  person,  and  lastly  by  a  pre- 
scription of  ten  or  twenty  years  under  certain 
conditions. 

(Dig.  20;  Cod.  8,  14-35;  Oesterding,  Die 
Zehre  vom  Pfandr&:htf  &c. ;  Sintenis,  HancRmch 
des  gemeinen  Pfandrechts ;  Bachofen,  Das 
rdmsche  Pfandrecht,  &c. ;  Dcmburg,  Das 
Pfandrecht  nach  den  Orundaatzen  des  keutigin 
rdmiachen  Mecht$;  Windscheid,  Pandekten, 
§  224,  &c ;  Puchta,  Inst,  i.  §  246,  &c  There  is 
an  English  treatise  entitled  Tfie  Law  of  Pledges 
or  Pawns  as  it  was  in  use  among  the  Romans^  &c., 
by  John  Ayliffe,  London,  1732,  &c)   [£.  A.  W.] 

PILA,  PILA  LUSOBIA  {(f<t^pa\  a  6a//. 
In  this  article  it  is  proposed  to  include  an  account, 
not  merely  of  the  different  kinds  of  balls,  but  of 
the  exercises  and  also  the  games  for  which  they 
were  used  by  the  Greeks  and  Romans.  The 
subject  has  been  somewhat  complicated  in 
modem  treatises  by  regarding  as  games  what 
what  were  merely  gymnastic  or  medico-gym- 
nastic exercises.  It  will  be  more  convenient  to 
keep  them  apart.  Exercise  merely  for  the  sake 
of  bodily  health  and  vigour  and  grace  of  move- 
ment was  more  commonly  sought  at  all  times  of 
life  among  these  nations  than  exercise  primarily 
for  the  sake  of  amusement,  whereas  the  converse 
is  now  the  case :  and  there  can  be  no  doubt  that 
the  majority  of  Greeks  and  Romans  who  in- 
dulged in  so-called  ''games"  at  ball  were 
practising  and  exercising  their  muscles,  not, 
as  we  should  say,  "  playing  " :  still,  there  were 
some  notable  exceptions,  which  will  be  classed 
as  games. 

As  regards  the  historical  view  of  these  exer- 
cises and  games,  we  find  the  earliest  mention  in 
two  passages  of  the  Odyssey  (▼»•  100;  viii.  370). 
In  the  former,  where  Nausicaa  is  playing  with 
her  attendant  maidens,  the  ball  is  merely 
tossed  from  one  to  the  other,  as  a  graceful  and 


422 


PILA 


PILA 


healthy  exercise,  while  (probably)  they  danced 
in  measured  time  (A  then.  i.  p.  14  d):  in  the 
passage  of  ApoUonius  (iv.  952),  who  no  doubt 
had  this  scene  in  his  mind,  he  speaks  of  maidens 
playing  tr^aip^  w^^aiyit,  where  Becq  de  Fou- 
qui^res  is  certainly  right  in  taking  the  adjective 
10  mean,  not  ronnd,  but  circulating  from  hand 
to  hand.  In  the  other  passage  of  the  Odyssey 
we  have  two  performers  dancing  rhythmically, 
throwing  up  a  ball,  and  catching  it  as  they 
danced :  in  fact,  they  may  be  classed  as  jugglers. 
As  far  as  we  can  trace  the  earliest  Greek  ball- 
play,  it  seems  to  have  been  of  the  nature  above 
described,  a  sort  of  adjunct  to  the  dance  and 
music,  forming,  in  fact,  part  of  what  we  may  call 
the  figures  of  the  dance.  According  to  Athe- 
naeuB,  the  practice  long  remained ;  for  he  cites 
(i.  24  b)  Carystius  of  Pergamum  as  saying  that 
it  was  still  in  vogue  among  the  women  of 
Corcyra.  It  seems  likely  that  the  name  /3a\- 
AaxpctScu,  applied  to  Argive  boys  keeping  festival, 
had  something  to  do  with  this  choric  ball-play 
(see  Erause,  Symnastik,  i.  p.  300;  Grasberger, 
JErziehung,  i.  p.  89).  It  is  useless  to  discuss  the 
question  whence  came  these  amusements  or 
exercises  to  the  Greeks:  various  opinions  are 
given  in  Herod,  i.  68,  Athen.  i.  14  d.  Without, 
however,  accepting  as  better  than  any  other  the 
theory  that  the  Spartans  invented  it  (Athen.  I.  c), 
we  may  notice  that  it  early  had  a  strong  hold, 
with  other  gymnastic  exercises,  at  Sparta.  This 
is  also  indicated  by  the  term  tr^eup^is  applied  to 
Spartan  youths,  i,e.  those  who  were  passing 
out  of  the  stage  of  lliprifioi,  and  were  not  yet 
reckoned  aa  Mf>ts.  The  name  was,  no  doubt, 
applied  to  them  because  the  ball-play  formed  an 
important  element  in  the  gymnastic  training  at 
that  precise  age,  probably  accompanied  with 
music,  aa  part  of  the  choric  exercise  of  the 
Spartans  (Pausan.  iii.  14;  C.  /.  G,  1386,  1432 ; 
Gilbert,  Staatsait  i.  68  ;  SchOmann,  Aniiq,  264). 
From  whatever  country  it  was  introduced  the 
exercise  was  highly  regarded  by  the  Athenians, 
who  recognised  the  value  for  general  bodily 
health  and  development,  afterwards  elaborately 
insisted  upon  by  Galen  and  other  medical 
authorities.  The  gymnasia  had  therefore  a 
special  room  (tripatptar^pioy)  for  the  purpose 
[Gymnasiuii]  ;  and  Athenaeus  (i.  19  a)  tells  of 
the  distinction  given  to  Aristonicus  of  Carystus, 
the  trvff<lHuptirrfis  of  Alexander,  who  was  made 
a  citizen  of  Athens  and  honoured  with  a  statue. 
The  fondness  of  Dionysius  of  Syracuse  fur  the 
exercise  is  noticed  by  Cicero  (^Tuac,  v.  20,  60). 

That  it  took  root  quite  as  strongly  at  Rome  is 
abundantly  shown  in  Latin  literature.  It  was, 
as  Kraose,  Becker,  and  many  others  particularly 
notice,  played  by  all  ages :  men,  and  even  old 
men,  as  well  as  boys,  '^  without  loss  of  dignity." 
This  fact  cannot,  however,  at  any  rate  now,  be 
made,  as. even  recent  writers  make  it,  a  point  of 
distinction  between  ancient  and  modem  customs. 
Among  notable  instances  we  may  mention 
Augustus,  who  took  exercise  with  the  piia  and 
folliculu8j  until  he  was  too  old  for  anything 
bnt  thcL  litter  or  a  gentle  walk  (Suet.  Aug.  83). 
(For  similar  record  of  other  emperors  cf.  Suet. 
Vesp,  20 ;  [Capitol.]  M.  Ant.  4 ;  Lamprid.  Alex, 
8ev,  30.)  Pliny  {Ep.  iii.  1,  8)  tells  us  of 
Spurinna,  who  made  this  exercise  one  of  bis 
careful  methods  for  preserving  a  green  old  age : 
Seneca  (de  brev,  Vit.  13)  complains  that  many 


made  such  exercises  the  main  object  of  their  life. 
In  the  well-known  line  of  Horace  (Sat.  i.  5), 
when  Maecenas  goes  to  play  at  ball,  Horace  and 
Virgil  do  not  join  him,  on  the  ground  that  "  piU 
lippis  inimicum  et  Indere  crudis."  It  is  a 
curious  comment  on  this  passage,  that  Gtlen 
specially  notes  that  those  who  use  other  gym- 
nastic exercbies  become,  *'like  the  Lita«  of 
Homer,  x"*^^^  '>'*  ^vcoi  re  wapetfiXwrts  t' 
i^daXfi^,  while  those  who  play  judiciously  at 
ball  escape  such  maladies."  It  is  necessary  to 
point  out  that  the  exercise  was  not  indigenous 
at  Rome.  The  old  Roman  followed  the  severer 
exercises  of  hunting  and  riding :  the  pUa  came 
in  with  Greek  customs  (Hor.  Sat  ii.  2,  10). 
The  Byzantine  emperors  combined  the  two  in  a 
sort  of  *'  polo,"  which  will  be  described  belov. 
The  Thermae  at  Rome  had  their  wphaeristeriam 
for  games  at  ball  [Balneae,  Vol.  I.  p.  283  a]: 
this  exercise  was  taken  before  the  bath  (Hor. 
Sat.  i.  6, 125 ;  Mart.  viL  32,  xiv.  163).  Attached 
to  large  country-houses  there  was  a  similar 
court  (cf.  Plin.  Ep,  iL  17,  v.  6 ;  Villa).  Where 
greater  space  was  wanted,  the  play  was  in  the 
Campus  Martins. 

2%e  Apparatus  for  playing. — In  OribasiuSf  i. 
p.  529,  we  find  five  kinds  of  balls  mentiooed, 
/wcpdj  fi4<ni,  ftcydXif,  tv/iey^B^s,  icei^.  Mistake> 
have  been  made  in  the  endeavour  to  construe 
the  description  which  is  there  given  of  the  a5es 
of  these  balls  as  though  they  were  games, 
whereas  they  are  merely  medical  gymnastics :  io 
many  cases  something  like  extension  exercise^ 
with  dumb-bells,  since  the  ball  does  not  leave 
the  hand  at  all.  It  is  probable,  however,  that 
we  may  assume  the  five  sizes  of  balls  to  hare 
been  used  in  different  games  as  well  as  for  ex- 
ercises, and  may  possibly  take  five  Roman  names 
for  balls — (i.)  harpastum,  (iL)  pUa  trigonalis  or 
trigon,  the  pila  par  excellenoef  (iii.)  arenaria, 
(iv.)  paganicOf  (v.)  follis  to  correspond ;  but  it  is 
more  probable  that  arenaria  is  only  another  name 
for  the  harpastumf  the  name  being  given  because 
the  rules  of  the  game  permitted  taking  it  at  the 
rebound,  which  was  not  allowed  in  trigoo. 
Martial,  in  the  Apophoreta,  mentions  only  the 
other  four  without  naming  the  arenaria.  The 
ordinary  ball  was  stuffed  with  hair;  see  Antk. 
Pal,  iv.  291 : 

Xujy  iyrptxot  ci/u  •  rcl  ^wAAa  2'  iftav  carcucpvm  i 
ris  fp«xav  *  4  ^  vpvni  ^aivrrauk  ovdof&MfV. 

cif  rh  fiaXup  o^viyf  lararmt.  tMrnp  orof . 

The  last  line  does  net,  as  some  writers  state 
refer  to  a  term  belonging  especially  to  e^at^ 
aruc^ :  the  word  6vos  is  used  of  the  vanquished 
in  many  trials  of  skill.  [Basilctda;  OsTtn- 
KINDA.]  The  "quarters"  or  lappeU  (here 
called  ^vAAa)  were  often  coloured  (Ov.  Met.  x. 
262,  pickte;  Petron.  27,  prasina}.  Seneca 
uses  the  woid  commissurae  for  the  seams  where 
they  were  sewn  together  (Q,  N,iv.  11).  The 
hair-stuffed  ball  was  no  doubt  either  of  the  two 
smallest  sizes :  the  fwcpii  v^pa  was  the  smallest 
and  hardest  of  the  bolls,  and  is  in  Latin  the 
harpastum  (Pollux,  ix.  105);  and  the  pila 
arenaria  probably  =  the  "pulverulentum  har- 
pastum." The  next  in  size,  also  a  hard  ball,  i^ 
the  espedal  pila,  the  pila  trigonalis;  and  then 
follows  the  paganioa  (probably  the  /toXixv  of 
Pollux),  which  waf  stuffed  with  feathers,  sod 


PILA 


PILA 


423 


» 


according  to  Martial  (zir.  45)  was  'lighter 
(ie.  hnrder  as  well  aa  smaller)  **  than  the  fottia 
and  less  so  than  the  pila."  Its  name  was 
probably,  as  Marqoardt  thinks,  derived  from  its 
being  nsed  at  games  between  the  country pa^/ant, 
though  it  wa5  not  confined  to  them  (Mart.  rii. 
32).  Lastly  we  have  the  follis,  the  letv^i,  or 
air-blown  ball,  in  its  construction  like  our  foot- 
bajl,  bat  not  so  nsed;  for  there  is  no  trace  of 
fcotball  among  the  Romans.* 

Beyond  the  balls  and  the  court,  or  the 
measured  space  out  of  doors,  and  perhaps  arm- 
gairds  for  the  follis,  neither  Greeks  nor  Romans 
hail  any  apparatus  for  ball-play,  as  far  as  we 
kaov,  until  the  late  Byzantine  age.  There  is 
BO  trace  of  any  sort  of  racquet  or  bat ;  for  in  the 
passage  of  Ovid,  Art  Am.  iii.  361,  the  reticulum 
ii  a  network  bag  holding  balls.  Galen  in  bis 
treatise  iref>l  tiis  Cfiucpas  c^pat  makes  a 
special  point  of  its  economy  as  needing  nothing 
vXi^r  a^oipas  i^rtiSf  and  in  contrasting  the 
amosements  which  require  more  apparatus  he 
does  not  mention  any  game  at  ball :  all  our 
acooonts  speak  of  striking  with  the  hand  or  arm ; 
and  Martial,  if  any  sort  of  bat  had  existed,  would 
hare  mentioned  it  in  the  Apcphoreta,  It  may 
also  be  noticed  that  the  game  of  tennis  was 
called  <<  lusus  pilae  cum  palma  **  in  1356  (Littr^ 
s.  r.  pmsmeX  whence  our  deduction  would  be 
that  the  use  of  the  racquet  is  later,  and  that  the 
name  {cvm  palma)  was  given  to  the  game  when 
"firing,"  or  striking  with  the  palm,  was  the 
only  stroke,  to  distinguish  it  from  those  in  which 
catching  was  allowed.  Possibly  the  arm-guards, 
before  referred  to,  may  have  been  the  genesis  of 
a  bat  in  later  times ;  but  whether  the  "  polo " 
which  existed  at  Byzantium  before  the  11th 
century  (see  below)  was  the  first  game  in  which 
the  ball  was  struck  with  any  implement,  it  is 
impossible  to  saj. 

TedmioaU  Words, — ^It  is  necessary^  to  explain 
shortly  certain  words  used  technically  of  these 
exercises  in  Greek  and  Latin,  and  the  more  so 
because  many  writers  have  imagined  separate 
Sames  in  woids  which  are  merely  descriptive  of 
tbe  method  in  which  the  ball  was  thrown, 
whatever  game  might  be  played.  Many  terms 
also  which  are  distinguished  should  really  be 
taken  as  synonymous.  Thus,  to  throw  a  ball  to 
another  is  hBopai,  iSdAAciy,  A^i/mu,  darff,  mittere, 
yKtare:  to  catch  it,  Xc^ds^cir,  94x*aOM,  ooci- 
fcre^  txeipere,  captare:  and  so  dcUatim  ludere 
means  «to  play-  at  catch,"  «>.  merely  toss 
backwards  and  forwards  (Plaut.  Cure.  ii.  13, 17 ; 
N'aer.  <^  Non.  96,  15).  The  words  remitterc 
ftad  re(Uere  (iurrvw4fAV€Uff  &rra^icVai)  mean  to 
throw  the  ball  back  to  the  sender.  But  there  is 
a  totally  different  stroke  when  the  ball  is 
*"  fired ; "  that  is,  is  struck  with  the  palm  of  the 


*  For  the  use  of  tbim  ball,  see  Foixis :  probably  Its 
Stuasfor  the  old  (Marl  xlv.  47)  depended  on  the  fact 
^  there  was  little  running  about,  and  no  grappling 
(tt  >a  the  barpastum),  and  not  so  quick  a  return  (since 
Uk  htU  was  much  leas  elastic)  as  in  the  trigon.  Though 
'^hne  proof  is  laddng,  it  Is  probable  that  the  game 
*M  pUyed  with  an  arm-guard,  as  shown  on  a  coin  of 
^^^''^UaQi  and  H  !s  a  fair  infierence  that  the  modem 
Pi^Ume,  idajed  with  sfanllar  tUnm  balls  and  with  arm- 
K^«.  is  a  descendant  of  the  foUii,  though  possibly 
*itb  altered  end  nM«e  eUboiate  rules.  For  an  account 
<^jaUow,  see  Story,  Jlote  di  .BWNO. 


hand  and  either  returned  or  sent  sideways,  with- 
out being  first  caught  and  then  thrown :  in 
Latin  this  ia  expressed  by  repercutere  (Sen.  de 
Ben,  ii.  17) ;  when  the  ball  is  ^  fived  "  back  to  the 
sender — (Marquardt  in  the  Privatleben  wrongly, 
we  think,  renders  it  turuckwerfcn) — and  when 
the  ball  is  struck  sideways  to  a  fresh  player,  by 
the  words  expuUare  (Mni-t.  xiv.  56)  or  expellere 
(Petron.  27).  Gne  would  naturally  suppose 
that  the  Greek  word  &w^ppa(ts  had  the  same 
meaning;  and  though  Pollux  (ix.  105)  and 
Eustathius  (ad  Od.  ix.  376)  limit  its  use  to 
making  the  ball  rebound  from  the  fioor,  it  seems 
to  us  that  there  can  be  little  doubt  that  the 
primary  technical  sense  was  striking  with  the 
hand  instead  of  throwing,  and  that  it  belonged 
to  that  sort  of  stroke  applied  variously  in  various 
games  or  exercises,  whether  making  the  ball 
rebound  against  floor  or  wall,  or  "  fiving  **  it  to 
other  players.  We  must  also  differ  from  other 
writers  who  limit  the  words  expulsim  ludere  to 
this  striking  against  a  wall.  (Johann  Marquardt 
is  still  further  from  the  truth  in  making  it = the 
fiaXu¥  tirroymt  of  Galen,  for  that  is  simply  a 
strong  throw.)  Expulsim  ludere  expresses  the 
stroke  with  the  palm  or  the  fore-arm:  in  its 
simplest  form  it  is  the  hitting  repeatedly  against 
a  wall  (one  sort  of  kx6ppal^is) ;  aa  in  the  picture 
given  by  Varro  ,(ap.  Non.  104,  27),  "videbis 
Komae  in  foro  ante  lanienas  pueros  pila  expulsim 
ludere  ** :  but  it  refers  to  the  method  of  the 
stroke,  not  to  the  game,  and  it  means  therefore 
to  strike  the  ball  in  that  way  of  which  the 
words  expulsare  or  expellere  and  also  repercutere 
are  used.  Similarly  **raptim  ludere"  merely 
expresses  the  method  of  play  adopted  by  one 
who  (like  the  medicttrrens  in  harpastum)  rapit  or 
a^wd^ct:  that  is,  catches  the  ball  while  it  is 
fiying  between  two  other  players.  Lastly,  the 
feint  of  pretending  to  throw  the  ball  to  one 
person  and  actually  throwing  it  to  another  is 
probably  expressed  by  the  word  ptyh9a  (which 
also  gave  one  name  to  a  game  :  see  below),  and 
also  by  iiacpo^tw  (Athen.  i.  p.  15  a),  and  in 
Latin  by  faliere  (Prop.  iii.  4,  5).  In  the  lines  of 
Saleius  Bassus  (?),  de  laud  Pis.  172  {Poet.  Lat. 
Min,  i.  233),  '*  volantem  aut  seminare  pilam 
juvat  aut  revocare  cadentem,  £t  non  sperato 
fugientem  reddere  gestu,"  the  geminare  must  = 
repercutere^  to  return  to  the  sender  bv  a  stroke 
with  the  hand  (cf.  Ter.  Ad.  ii.  I,'l9);  the 
'*  revocare  cadentem  "  to  catch  it  near  the  ground, 
and  the  last  line  to  tlirow  it  back  after  a  difficult 
catch  when  the  return  had  not  been  expected 
(nU  =  ^wly^yrhtr^mittereTtXYk^xXhAVi  reddere 
would  be  used). 

Ball'Cxercises. — ^Here  we  must  class(i.)  wpayloy 
datatim  ludere^  wHich  is  the  simple  practice  of 
''catch,"  and  has  its  name  because  the  ball  is 
usually  thrown  high  in  the  air  (Pollux,  ix.  106 ; 
Eustath.  /.  c. ;  Phot.  s.  o.),  just  as  a  high  throw 
is  now  sometimes  called  a  *'  skier  ** :  it  might 
or  might  not  be  made  a  rhythmical  exercise  by 
accompanying  music  and  dance,  as  often  is  the 
Greek  o^payla ;  (ii.)  various  forms  of  making  the 
ball  rebound  against  a  fioor  or  wall,  as  described 
above ;  (iii.)  various  kinds  of  posturing  with  the 
ball  or  throwing  it  forward  with  no  object, 
except  muscular  exercise  and  extension,  which 
Antyllus  describes  (ap.  Oribas.  i.  p.  528:  see 
Becq  de  Fouqui^res,  Jeux  des  Anciens,  195.) 

Sphaerom/ochiae  or  games  at  ball :  i.e.  those  in 


424 


PILA 


PIIA 


which  there  are  sides  which  win  or  lose, 
(i.)  The  game  called  Mtricvpos  (also  i^fiutii 
and  MKoiyos:  Poll.  ix.  104,  Eustath.  L  c).  .In 
this  game  the  ground  was  marked  bjr  two  base 
lines  (ypafifiai  Kar^tp)  and  another  line  drawn 
parallel  to  them  through  the  middle  of  the 
ground,  presumably  more  than  a  stone's  throw 
from  them,  which  was  called  mcvpos  or  XarWii, 
because  it  was  marked  with  finely-broken  stones. 
The  ball  was  placed  upon  this  line  (whence  the 
name  iwlffiewpos),  and  the  players  started  at  the 
same  moment  from  their  respective  base  lines. 
The  player  who  could  first  seize  the  ball  threw 
it  as  far  as  he  could  towards  the  enemy's  base 
line*:  the  object  was  to  force  the  line  of 
enemies  back  by  constantly  returning  the  ball 
further  and  further  over  their  heads  until  they 
were  driven  over  their  own  base  line.  Clearly, 
getting  the  first  throw  by  fast  rnnning  at  the 
start  must  have  been  an  enormous  advantage 
(cf.  Schol.  ad  Plat.  Legg.  i.  p.  633  C).  It 
is  not  improbable,  though  there  is  no  proof 
of  it,  that  the  contest  of  the  pagan!  (whence 
the  name  paganica  for  the  third-sized  Roman 
ball)  was  a  game  of  this  kind.  It  seems  to 
have  been  regarded  as  a  game  for  the  young 
(i<pfl$iK4i^  and  for  large  numbers  (^htlKotPOs). 
Nothing  can  have  been  less  like  golf,  to  which 
Becq  de  Fouquiferes  (p.  203)  seems  to  compare 
it,  when  he  says,  ''on  le  retrouve  encore  en 
£cosse." 

(ii.)  ffarpastum  (or,  by  the  older  name,  PA0- 
nhida ;  in  Athen.  and  Eustath.  ^aiviv^\  in  Clem. 
Alex.  ^cy/ySa;  in  Etym,  Mag,  ^vwls,  ^wipSOf 
^cymc/K8a). — ^'lliis  game  cannot  with  certainty 
be  reconstructed,  but  the  following  seems  to  us 
an  outline  most  consistent  with  our  authorities. 
(Galen,  ircpl  rris  tr/iutpas  ffipaipas  l  Sidon.  ApoU. 
y.  17 ;  Mart.  iv.  19,  vii.  32,  xiv.  48 ;  Athen. 
i.  p.  25  ;  EusUth.  /.  c. ;  Poll.  iz.  105.)  We 
have  clearly  two  sides  (i,e.  it  was  a  spKaeroma' 
ohia)t  for  Galen  lays  stress  on  the  fact  that  there 
is  emulation  (^(Xortft/a),  which  exercises  the 
^^vxhy  M  ^^^^  1^  movements  which  exercise  the 
limbs  and  the  eye :  there  are  presumably  base 
lines  as  goals,  without  which  it  is  hard  to  under- 
stand what  he  says  about  generalship  (arpor 
TTfyla^t  ^^^  positions  won  and  lost  (^vXarrctv 
rh  KvriBhp  1}  iya<r^(9i¥  rh  fit$9$4w).  The  ground 
was  then  probably  rectangular,  the  two  ends 
being  base  lines,  and  it  was  divided  by  a  line 
in  the  centre  (the  trames  of  Sidonins)  into  two 
equal  camps.  There  was  always  one  ''mid- 
dle pLayer,"  a  special  feature  of  the  game,  called 
medicwrens  (Sidon.),  or  6  ftrra^6  (Galen:  cf. 
vagus.  Mart.  vii.  32),  each  side  being  probably 
so  represented  in  turn :  how  the  "  innings  "  of 
the  medicurrens  ended,  we  do  not  know,  but  per- 
haps he  gave  up  his  place  to  one  of  the  other 


*  This  Is  clearly  the  sense  of  w^oe^tkiiupoi  ^tirravotr 
fn  Pollux,  which  Johsnn  Marquardt  mlsundenUnds ; 
he  is  also  in  error  when  he  says  thai  tbe  players  mlg^ht 
kick  the  ball  as  well  as  throw  it  (he  strangely  dtes  as 
bis  authority  Becq  de  Fouqulires,  thongh  thai  writer 
quotes  no  passage  to  prove  it).  We  mnst  repeat  that 
wo  cannot  discover  any  trace  of  **Yootball "  In  Greek 
or  Latin  writers ;  and,  further  than  this,  Qalen  speaks 
€<f  the  exercise  in  these  games,  to  the  muscles  of  the 
amu  by  throwing,  but  0/  the  legs  by  running:  had 
kicking  the  ball  been  within  the  rules,  he  would 
certabUy  have  mentioned  It. 


side  whenever  a  point  was  scored  against  bii 
side.  One  would  fain  im^ine  two  "middle 
players,"  one  for  each  side,  but  the  penbtent 
use  of  the  singular  both  in  Greek  and  Latin 
authorities  would  seem  to  preclude  this,  and  to 
necessitate  some  snch  explanation  as  is  here  at- 
tempted. It  is  probable  that  (as  also  in  the  quite 
distinct  modem  pallone)  a  ball  dropping  dead 
(Le.  falling  again  after  the  first  rebound)  was  a 
point  against  that  side  in  whose  camp  it  dropped, 
and  that  a  point  was  scored  by  that  side  which 
could  send  it  so  as  to  drop  over  the  base  line  of 
the  enemy :  whether  a  certain  number  of  points, 
or  the  highest  score  in  a  given  time,  decided  thf 
victory,  we  do  not  know.  That  the  ball  could 
be  caught,  either  as  a  volley  or  at  the  first 
rebound,  is  clear  from  Mart.  xiv.  48,  and  agrees 
with  the  epithets  ptdverulenta  and  aremrici. 
The  ball  was,  no  doubt,  started  from  one  of  the 
base  lines,  and  the  object  of  the  medicurrcsd 
was  to  catch  it  as  it  went  past  ("  praetervolanti>in 
aut  superjectam,"  Sidon.),  in  which  esse  he 
would  have  a  great  advantage  in  either  throw- 
ing it  over  the  enemies'  line  or  into  some  un- 
guarded spot  of  their  camp,  where  it  would  ikll 
dead,  or  throwing  it  to  some  friend  who  was 
advantageously  posted.  The  feint  of  throwing, 
expressed  by  ^y(y&^  would  clearly  often  be  em- 
ployed, as  also  the  ^vyii  (Eustath.)  or  cara- 
orpotbi^  (Antiphanes  and  Sidon.),  Le.  tnraio; 
hastily  back  after  an  advance,  so  as  to  defend  sn 
unguarded  spot ;  for,  as  seems  clear  from  Galen, 
the  rest  of  the  players  could  post  themselves 
forward  or  back  as  seemed  best.  They  were 
also  permitted  to  rush  upon  the  medicurrens,  and 
•grapple  or  wrestle  with  him,  or  one  another^  io 
any  way  they  chose,  one  side  trying  to  spoil  his 
catch,  the  other  to  protect  him  and  foil  hU 
assailants  (cf.  Galen,  trea^  wwurrifuvoi  vp^t 
AXX^Aovf  Jtol  iiwoK»\6e9n€S  ^^a^ndeai  r^ 
firra^^f  ic.r.A.).  For  this  purpose  they  may  as« 
rpaxv^iCfUsy  iarriK'^i^ts  waXatffrpucai,  &c  The 
rpaxn^o-fihs  [LuCTATio,  p.  84]  explains  Mar- 
tial's description  of  the  game,  "  grandia  qui  rano 
coUa  labore  facit."  The  view  here  proposed 
will  explain  Galen's  words  when  he  eologises 
this  game  for  all  ages,  on  the  ground  that  roa 
can  choose  what  sort  of  muscles,  and  to  what 
amount,  yon  wish  to  exert : — "  It  exercises  one 
set  of  muscles  in  the  advance,  another  in  the 
retreat,  another  in  the  spring  sideways. . .  o>\^ 
the  hands  when  they  try  in  various  postures 
to  catch  the  balls  ...  it  also  practises  the  ere, 
for  if  one  does  not  accurately  mark  tbe  coarse  of 
the  ball  one  must  miss  the  catch  . . .  while  in 
the  wrestling  part  of  it  the  9fl^pa(,^«ri^vs,&c., 
are  exerted,  or  you  can  take  rnnning ...  hat 
if  you  are  old  and  want  milder  exerdse  (rh 
wp^op)  you  may  exercise  your  arms  and  re^t 
your  legs  by  throwing  from  a  distance  "  (t/.  hy 
playing  back),  <*and  you  can  take  as  little  of  the 
wrestling  as  you  please."  The  c^ofy^aror* 
which  involves  throwing,  running  an^  wrest- 
ling, is  the  place  of  medicurrens ;  the  wrestling 
alone  is  the  part  of  those  wh^  try  to  thwart 
him:  for  the  rest  of  the  players  the  sdranee 
and  the  Kwravrpof^  supply  the  running,  with* 
out  much  thl-owing,  while  others  can  stand 
almost  at  rest  near  their  base  and  merely  throw 
when  the  ball  comes  to  them.  It  is  illastrst<!  i 
by  the  description  of  Sidonins,  where  a  by- 
stander at  the  side  is  jostled  into  the  middle  of 


PILA 

ttc  guat,  "  medknmntit  iinpiiUa,*'  and  th«n 

liMKked  oTcr  bj- 1  ruih  in  the  cataitrop/ia.  We 
hm  Trntund  to  diffti  altOfcether  on  thia  p<nat 
from  Joiuiin  Umrqauilt,  vho  imagines  three 
diiiJDct  guDw  for  thr«e  ^m  and  atrengthi: 
Galto'i  Imgiugc  poiati  to  one  gime  id  which 
difffRDt  jMrtt  ua  takes;  and  it  ii  clear  from 
PdIIdi  u.  105  and  fnim  Clem.  Alei.  Patd.  lii.  10, 
bO,  Lhat  -4  M'ap^  ff^iupn  a  regarded  aa  a  definite 
TeU'knoim  ^ame,  hdI  KTeral  garnet,  Ai  to  the 
ideDlitf  or  pheninda  with  harputum  we  have 
llw  poiitire  itatemcDt  of  ALhcnaeoa  that  it  wm 
tlw  old  name  of  harputam,  the  belief  of  Pollui 
Uat  it  wu,  and  the  fact  that  in  lome  places 
<atm.  Alei,,  I.  c)  it  itill  went  bjr  Ihat  name  ; 

u  distinct.  It  it  no  doobt  potuble  that  the 
haqaitom  which  Atheaatni  plaved  maf  have 
bnn  more  elaborate  in  its  rules  than  the 
pbcDinda,  of  which  he  qaotes  a  deecriptioa  ftom 
AaliphaBeB.  It  seams  sometimes  to  be  forgotten 
Ibit  the  interval  betwccD  these  two  writera  waa 
*t  long  aa  between  Chancer  and  our  own  time. 
The  play  in  Antiphanei   (eems  to  b*  aa  fol- 


Iknv  it  to  B,  which  he  eveDtoallj  does,  bat 
aesDlimt  he  slips  away  from  C  (rhr  i'  l^tuyt), 
aliletds  D  (T&r  r  iiigprnm),  and  calls  £'s  name 
u  a  feint  (rAs)wTaIn  fgnrwi),  though  he  has 
BO  intention  of  throwing  it  to  him :  the  last 
two  lines  express  the  flight  of  the  ball  passing 
flier  and  beside  the  meilieurrena,  and  the  verba 
ihould  probabiT  be  imperstivea,  giving  the  actnal 
cries  cf  the  players.  It  gives  only  a  fragmen- 
tary view  of  the  gnme,  but  so  far  aa  it  goes 
might  bt  describing  a  portion  of  the  harpaatnm 
of  later  anthon.  For  tba  apelling  ^rli>ta  and 
ill  conneilon  with  ^(mcl^ot,  see  Johana  Mar- 
qusrdt,  p.  15,  note ',  Eerma,  iii.  p.  455  j  Grai- 
*»^r. 

(lii.)  Tht  Trijm.—T:\iis  favonrite  Roman 
l^iiie  waa  not  atrictly  a  aphaeromachia  (cf. 
Sut.  Site,  pnef.),  since  there  were  not  ndn, 
but  esch  played  for  himself;  still  it  waa  a 
(efiliniate  ganie,  played  for  winning  und  loiing. 
Tbe  followiog  description  may,  as  it  seems  to 
lu.  beat  meet  the  ncconnta  which  we  have. 
Tbere  were  three  players  staodiag  in  the  form  of 
sn  eqailateral  triangle;  each  player  had  one 
l>all  t«  start  with,  and  played  for  hia  own  icore; 
he  Koald  with  both  hu  fellow-playen  to  misa 
ibtir  itrolces,  and  drop  the  ball  as  olien  aa  poa- 
>ible.  Ue  might  aend  his  ball  to  either  player 
(pntnmably  there  waa  tome  rale  aboat  leading 
it  Curly  within  their  reach),  and  he  might  do  ao 
(ithtr  by  catching  the  ball  which  csme  to  him 
inJ  throwing  it,  or  by  *■  fiving  "  it,  ao  aa  either 
loitrike  it  ^k  to  the  lender  (rtptraiten)  or 
lidewiys  to  the  third  player  (exf^dtart).  Ob- 
ti(.nsly  the  most  disastroua  poaition  would  be 
ifctiring  three  balls  nearly  at  Ihe  same  time — 
if,  for  instance,  hii  own  ball  is  smartly  "lived" 
buk  to  him,  and  almoit  aimDltaneonsly  the  two 
Mliert  have  been  sent  to  him ;  obrioualy,  alao, 
hb  essiett  position  was  to  receiTe  only  one  ball 
"»  lime  with  a  fair  interval  before  the  neit, 
rbii  msy  eiplain  the  reied  passage  of  Mart, 
lu.  82  about  the  flatterer  Menogenea— 
"diUMt  itpldBm  dtitra  Isevsque  Ubmnrm 


PILA 


425 


To  sav,  with  Becker,  that  Henogenes  was  ihow- 
ipg  o^Ui  otcn  skill  must  be  wrong ;  that  would 
be  the  worat  flattery ;  but,  by  catching  right  aui 
Ull  two  balls  (not,  of  course,  simultaneaoaly, 
but  as  nesrly  so  as  poasible),  instead  of  leturu- 
ing  them  sharply  be  conld  throw  them  gently  at 
certain  intervals  to  his  patron,  so  giving  him 
time  to  deal  with  the  stroke  of  the  third  player, 
without  dropping  any  of  them.  It  is  an  often 
repeated  error,  founded  on  a  miiconceplion  of 
Hart.  vii.  72,  liv.  16,  that  the  atroke  in  the 
trigon  waa  neceaaarily  lell-banded.  The  lell- 
handed  atroke*  are  merely  the  test  of  a  good 
player.  Probably  all  players  who  can  make  a 
good  stroke  lafl-hauded,  can  do  so  also  with  the 
right  band,  bat  the  converae  doea  not  hold  good. 
In  this  game  the  piUcrtpvi,  or  juggler  (see 
below),  waa  employed  somewhat  like  a  marker 
at  tennis  or  racquets,  to  connt  the  won  and  lost 
strokes  at  the  end  of  a  "rest"  or  "rally" 
("non  qnidem  eaa  quae  inter  maans  lusn  ei- 
pellente  Tibrabant,  aed  ens  quae  iu  terram  deci- 
debaut,"  Petroa.  £7).  The  inference  is  that  the 
catches  had  not  a  positive  value,  but  the  winner 
was  he  who  least  oflen  allowed  the  ball  to  drop. 
As  is  the  case  with  onr  marksra,  the  pilicrepus, 
whose  profession  led  him  to  eihibit  in  the 
Thermae,  often  gave  inatmction  to  the  inex- 
perienced ;  and  in  games  he  waa  probably  the 
umpire  of  doubtful  strokes.  This  la,  we  think,  ' 
the  true  eiplanation  of  the  cut  from  the  hatha 
of  TituB,  which  repreaenta  four  playeta  and  six 
balls.  It  is  not  a  game  at  all,  but  the  pilicrepus. 
who  alone  ia  a  bearded  man,  is  leaching  the  art 
of  playing  trigoa  to  three  young  players,  throw- 
ing in  balls  in  succeation,  to  practiae  hand  and 
eye  ;  one  of  hit  pupils  is  learning  to  catch  two 
Iwlls  "deitra  laevaque."  The  gnme  would  be 
much  falter  than  thia  lesson  to  tirones,  and  the 
pilicrepua  would  stand  aaide,  and  count  the 
failurea  aloud.  Seneca,  complaining  of  the  noise 
of  ball-pUy  at  the  baths,  says,  "Si  vera  pili- 
!pui  superrenit  et  nnmerara  cocpit,  actum 


game  played  on  horseback  by  the  Byuntiiie 
princes  dilTered  little  from  polo  as  it  is  now 
played.  The  Emperor  Uannel  Comnenus  (a.D. 
1143-1180}  plays  at  this  game,  "an  eierciae 
customary  for  emperors  and  ]>rmces  for  a  long 
time  put"  (JwiiaStri,  ia  which  a  nonibeT  of 


426 


PILA 


PILLEU8 


mounted  players,  divided  into  two  equal  sides, 
throw  down  a  leathern  ball,  '*  about  the  size  of 
an  apple,''  into  a  measured  ground.  The  ball 
is  placed  in  the  middle :  the  players  start  at  full 
speed  from  their  base  lines  towards  it,  *'  each 
holding  in  his  right  hand  a  long  stick  of  a  cer- 
tain length,  with  a  broad  curved  end  "  (jcofoHf) ; 
this  KOfitrii  has  a  network  of  catgut ;  the  object 
is  to  strike  the  ball  over  the  base  line  (Wpos). 
The  game  is  '*  dangerous,  as  the  rider  has  to 
stoop  low  (jhmd(€ip)  from  his  horse  and  turn 
quickly  according  to  the  turns  of  the  ball." 
Manuel's  horse  fell  and  rolled  upon  him,  and, 
though  he  tried  to  remount  and  continue  the 
game,  he  was  forced  to  take  to  his  bed  and  defer 
an  intended  campaign.     [See  also  FoLUS.] 

It  remains  only  to  speak  of  the  fnUcrepus,  or 
juggler  with  balls  (also  called  pUanu8%  who, 
as  shown  above,  also  acted  as  marker.  We  have 
many  representations  of  single  performers,  male 
and  female;  tossing  up  several  balls;  even 
throwing  and  catching  them  with  the  feet 
C^reddere  planta,"  Manil.  v.  165).  A  mis- 
understanding of  this  has  perhaps  caused  the 
utterly  erroneous  notion  that  the  Romans  played 
football.  Ursus  Togatus  (Momms.  Epktm.  JEpigr. 
i.  55)  was  a  juggler  of  this  kind  (**  vitrea  qui 
primus  pila  lusi  decenter ").  It  is  an  error  of 
Krause  {GymnasUk,  p.  303)  to  deduce  (with 
Burette)  from  this  passage  that  the  pilicrepus 
merely  =  **joueur  de  paume;"  and  a  still 
greater  error  to  suppose  that  the  games  of 
trigon,  &c,  could  be  played  with  glass  balls. 
Ursus  Togatus  (as  Marquardt  and  Becq  de 
Fouquiferes  rightly  point  out)  was  a  juggler 
who  introduced  glass  balls  in  his  performance 
as  a  novelty.  As  a  pilicrepus  he  telb  us  that 
he  not  only  showed  off  his  skill  in  the  Thermae, 
but  also  taught  the  art  of  playing  at  ball. 

[On  this  whole  subject  many  different  opinions 
may  be  found  in  Krause,  Oymnastiky  299-315 ; 
Grasberger,  Erxiekung,  88  ff. ;  Ifarquardt, 
Prwatleben,  841-847 ;  Becker-GoU,  GaUus,  iii. 
169-183 ;  Becq  de  Fouqui^res,  Jeux  den  Andens^ 
176-211 ;  Johann  Marquardt,  do  Sphaeromachiis 
Veterum  (1876).]  [G.  E.  M.] 

PILA.      [MORTARIUM.] 

PILENTUM,  a  sUte  four-wheeled  carriage 
with  cushions,  which  conveyed  the  Roman 
matrons,  flamineSf  and  Vestals  in  sacred  pro- 
cessions and  to  the  public  games  (Verg.  Aen,  viii. 
666 ;  Hor.  Ep,  ii.  1,  192 ;  Clandian,  de  Nupt, 
Hon.  285;  Isid.  Or.  xz.  12).  It  had  a  covered 
roof  (as  a  currus  arcuatus)  similar  no  doubt  in 
shape  to  that  which  is  represented  in  the  wood- 
cut of  Lectica  on  p.  15  (see  also  under  Car- 
PEKTUM  and  Camera);  but  it  was  open  all 
round.  The  well,  or  body  of  the  carriage,  was 
called  area  (Macrob.  Sat.  i.  6,  15),  or  capsus 
(Vitruv.  X.  9,  2 ;  Isid.  /.  c),  which  corresponds  to 
the  Gallic  word  ploxenum  of  the  small  Gallic 
carriage  [Cibium]  :  here  were  placed  cushions  for 
the  occupants,  and  also  any  sacred  vessels  which 
they  were  conveying.  This  explains  the  account 
in  Macrob.  /.  c,  of  a  boy  looking  at  the  pro- 
cession out  of  a  garret  window  and  seeing  how 
the  secreta  sacrorum  were  set  out  in  area  piienH, 
The  distinction  of  using  the  pilentum  was 
granted  to  the  Roman  matrons  by  the  senate  on 
account  of  their  giving  gold  and  jewels  to  the 
state  at  the  Ume  of  the  fall  of  Veii  (Uv.  v,  25 ; 
cf.  CARPEjm7M>    As  regards  the  use  of  it  by 


the  flamines,  see  Liv.  i.  21 ;  for  the  Vestals, 
Prudentius,  contra  Symm,  ii.  1089.  The  pilentum 
is  distinguished  from  the  carpentum  by  having 
four  wheels  (Isidore,  /.  c.)  and  by  its  not  being 
covered  in  with  curtains  at  the  iddes,  as  was,  at 
any  rate  sometimes,  the  case  with  the  carpentum. 
The  two-wheeled  carriage  drawn  by  lions  which 
Rich  gives  as  a  pilentum  from  a  medal  of  the 
Empress  Faustina  must  be  a  carpentum;  and 
its  explanation  may  be  found  in  the  fact  that 
in  the  pompa  circensis  the  figures  of  deceased 
empresses  were  taken  in  a  carpentum  (Mar- 
quardt, Staatmerw.  iiL  511).  Suetonius  (CZawf. 
ii.)  mentions  that  Livia  s  was  drawn  by  elephants. 
It  is  possible,  however,  that  the  lions  may  be 
merely  a  fanciful  emblem.  (Ginarot,  WageHjC^^, 
liv. ;  Marquardt,  PrivaUeben,  735  ;  Becker^dU, 
GaUus,  iii.  17.)  [J.  Y.j    [G.  E.  M.] 

PILrCRBPUS.    [Pila.] 

PILL'EUS  or  PILL'BftjM.  The  art  of 
making  felt  by  beating  hair  or  flocks  of  wool 
into  a  compact  mass  seems  to  be  at  least  as  old 
as  the  art  of  weaving.  It  was  practised  in 
antiquity  by  the  peoples  of  Greece  and  Italy,  and 
in  fact  seems  to  have  been  known  over  the 
greater  part  of  both  Europe  and  Asia.  No 
details  of  the  processes  of  manufacture  itself 
have  come  down  to  us,  though  the  products  are 
frequently  mentioned  by  Greek  and  Roman 
writers  from  the  earliest  time.  The  art  (^ 
wtKirrupfi,  Plato,  Polit,  p.  280  C ;  ars  coactUaria^ 
Capitol.  Pertm.  3,  3)  was  a  recognised  industry 
for  a  '<  maker  of  woollen  felt "  (kmarnu  ooadi' 
lariuB,  Orelli,  4206  [/.  B,  N.  6848];  kmarm 
ooactor^  Grnter,  648,  3)  and  ia  mentioned  in 
Roman  inscriptiona. 

Felt  was  put  to  a  large  number  of  different 
uses,  such  as  to  provide  not  only  a  covering  for 
the  sheds  of  military  engines  (Aen.  Tact  33X 
but  also  garments  (cf.  Plato,  PoiU. ).  c. ;  Pliny, 
K  N,  vUi.  §  191),  as  Caesar's  soldiers  did  when 
they  were  in  need  of  arrow-proof  jerkins 
(jB.  C,  iiL  44).  Boots  or  socks  [UDOifES]  were 
also  made  from  felt.  By  far  the  most  impor- 
tant use  of  it,  however,  was  to  provide  a 
covering  for  the  head  in  the  shape  of  hats  and 
caps.  Among  the  Greeks  and  Romans  of  the 
classical  period  it  was  most  unfashionable  to 
wear  anything,  except  perhaps  a  helmet,  when 
out-of-doors,  at  any  rate  in  a  town.  Doubtless 
thb  was  partly  due  to  the  prevailing  custom  of 
taking  a  siesta  or  remaining  in  the  shade  during 
the  hottest  time  of  the  day,  but  the  reason 
Ludan  puts  in  the  mouth  of  Solon  seems  still 
more  plausible.  Anacharsis  had  complained  that, 
wishing  not  to  appear  a  stranger  at  Athens,  he 
had  left  his  hat  at  home  and  was  feeling  the 
heat  {de  Gymn.  16,  rhy  yitp  «<X^r  /juu  kptXMv 
l8o(cr,  i»i  fi^  fUifOs  4v  i/uw  (crffoi/bu  rf  cx^ 
fiorc),  and  Solon  explains  that  it  was  their 
gymnastic  training  which  enabled  the  Greeks  to 
db  without  any  h^-gear. 

The  practice,  however,  of  going  bare-headed 
was,  as  we  shall  see,  fkr  from  universal,  and 
apparently  characteristic  of  the  well-to-do  and 
leisured  rather  than  of  the  labouring  classes, 
who  for  the  most  part  wore  caps.  Even  iht 
upper  classes,  when  hunting  or  travelling,  or 
otherwise  exposed  to  rough  weather,  resorted 
to  them,  as  did  sickly  or  delicate  folk.  The 
general  name  for  all  such  hats  was  wTXoi  or 
Kvnjf  both  words  being  Upplied  not  only  to  caps 


PILLEU8 


427 


af  ftltud  ikin  mpectinlj, bot  area  to  hclincti 
or  meUl. 

Id  Homer  irDuii  ia  uied  gf  the  felt  which 
lined  Uw  helmet  (nr^)  of  hide  which  OdjsHui 
ran.  Elwwhere  the  tvrhi  ii  of  bronie,  or,  if 
iwthing  elM,  ■trengthnunl  and  protected  with  it 
(cf.  Liddall  wd  Scott,  i.  c.) ;  but  in  the  Odyne^ 
we  fiikd  LuTte*  WMring  *  av^it  of  goatikia 
while  working  on  the  hnn  (Od.  hit.  231). 
Thii  wu  probably  not  fu-  different  from  the 
rtXot  ttFit^hs  which  Heuod  recommeEidA  for 
runy  wenther  (Op.  5i8),  aad  indeed  peuanti 
of  flrerr  period  wore  caps  of  thii  kind  oftcD  of 
•kin,  bnt  »Uo  of  felt.  (Cf.  Athen.  ri.  p.  274 : 
tlie  Bomuu  won  TrpoPariiir  Itf/utrotf  rlKHBi 

They  were  like  B  fei,  of  ■  conical  or  an^r- 
loif  (hape,  with  a  crown  like  the  eod  of  an  egg, 
and  were  Ioom  CDongh  to  be  dragged  orer  oiie'i 
ttn  to  keep  off  the  cold  or  rsin  (Ueiiod,  /.  «.). 
A  sower  in  the  painting  of  ■  cjlix  of  Micosthenei 
in  the  Berlin  Muienm  (Catalogne,  No.  ISOti; 
cf.  Oerhord,  Trinltac/iaim  ti.  QtfSne,  Taf.  1 ; 
BlomDcr,  ZeAem  «.  Stten,  iii.  fig.  48)  ii  repre- 
■enUil  in  ■  hat  of  thii  deK:riptioa.  The  cele- 
bnted  cjlii  by  Sosioi  in  the  ouni  collection 
(Catalogne,  No.  3378;  JTon.  d.  /.  i.  34,  35 ; 
Blnmner,  Si.  iii.  tig.  32)  obowa  the  wonnded 
Patrocloi,  wbo  haa  taken  oflT  his  belmet,  wearing 
a  iknll-cap  of  felt,  which  nnmiitakablf  acta  aa  a 
lining,  reminding  one  iireaistibij  of  the  -irtXai 
ni  the  Korin  of  Odjueoa. 

Thif  angar-loaf  or  fez-like  shape  of  felt  cap 
aecm*  to  bare  been  known  aa  the'  rAltiBi 
(=  piilaoiitM),  though  modem  archoeologiata  are 
in  the  habit  of  giring  it  the  name  wi^i,  which, 
when  we  coniider  the  rerf  general  way  in 
which  this  word  is  nied,  can  icarcelj  be  said 
to  have  claaiical  warrant. 

The  cap  it»lf  woa  worn  nniTenally  by 
irtiuna  and  aoilars,  along  with  the  '{Vfift,  and 
accordingly  appean  with  it  in  art  as  their 
eban«t*ri«tic   cogtnme ;   and.  In    the    csae   of 


mythological  persons,  is  worn  by  Hephnestna 
and  Daedalna  ai  craflsmen  and  by  Charon  and 
Odysseua  u  aeafarera  (of  preceding  cot  from  a 
atatuette  in  Winckalnunn'a  ifon.  ItKd.  ii.  t54> 
In  the  case  of  Odysseus,  we  are  told  by  Pliny 
that  Nicomachna  was  the  lint  to  gire  him  the 
■w7\BtiH.  S.  HIT.  I  109,  "Dliii  primus  addidit 
pilleum");  but  Schijue  maintains  (ffarmes, 
TI.  125)  that  thia  waa  to  represent  him  feigning 
to  be  mad,  and  not  necessarily  aa  a  sailor. 
HoweTer  thia  may  be,  it  is  diAicBlt,  with  the 
evidence  of  TOSe-pain tings  of  the  perfect  Attic 
style  before  no,  to  beliere  that  there  cui  have 
been  any  noTeltj  in  giring  him  a  cap  nt  aach  a 
late  date. 


fiallonwUi 


'.    (From  a  Tsae-polnllng.) 


The  wOdSar  or  fai-iliaped  irr\at  was  fre- 
quently worn  with  a  bend,  which  made  it  lit 
tighter  on  the  head.  Below  the  hand  there  is 
natnrally  a  piece  of  the  edge  left  free,  and  by  a 
perfectly  natnral  process  thia  becomes  a  brim. 
As  a  lualt  we  see  on  the  moanmenti  hats  with 
brims  of  arery  conceirable  width,  from  thoao 
that  ore  little  more  than  a  fei,  with  a  band  tied 
round,  to  the  broadest  of  wide-avakes. 

Those  with  the  incipient  brim  are  frequently 
seen  on  the  monuments  aa  worn  by  warriors, 
but  it  ia  in  most  coses  difficult  to  say  if  it  was 
really  of  felt  and  not  of  bronie.  Both  were 
wore,  for  we  hear  of  tiXdi  Aai»viiEDl  1)  'hftta- 
Saai,  vrhich  were  doubtless  of  felt,  as  were  the 
riXei,  which  protactad  the  Spartans  at  Pyloa  to 
badly  from  the  Athenian  arrows  (Thnc.  it.  34,  3 : 
cf.  Iwao  Uuller,  HandbiuA,  it.  p.  254);  while, 
on  the  other  hand,  aaiXoi  xo^eiii  ia  mentioned 
in  Ariatophanes  (Lyi.  5fl2).  A  good  instance  of 
a  'wtKat  worn  by  a  warrior  which  might  poasibty 
be  feh  is  the  relief  from  a  tomb  in  Bvitet.  de 
Corr.  Bdi.  pL  7  (cf.  Bliimner,  ib.  i.  fig.  6),  while 


Wairlor  In  nAoc  and  J{ij|>>Ii  ttom  s  nlleL    (BlDmner.) 

braien  wIXoi  are  worn  by  the  soldiers  on  the 
Irieie  from  Xanthuj  in  the  British  Uusenm 
(Not.  32  and  37). 


428 


PttLEUS 


The  wid«-iwak<  wm  knovn  by  the  dirtiDCIivi 
nnma  of  irirvras,  and  the  fMhion  of  wearing  i 
cune  fTDiu  Theualj  along  with  the  x^^f^' 
which  it  accompuiie*  almoit  as  intariibly  u 
the  iimiAi  does  the  nixltiar,  the  tno  faniiiDg 
the  ciuncteriitic  castume  of  the  Atbeniis  jrouth 
when  lerving  in  the  caralry.  Many  of  the 
f^SH  in  the  Pnnatheiuic  i> 


^aentljr  «nd  in  Eomen  >H   !tii 

earl)'  art  it  is  only  the  turhi 

PerBeni  that  ia  winged.     From  a  pnsuge  id  ina 

Otdipia  ColoMUi  of  Sophoclei,    when    lintena 

wean  a  9trra\lt  kvk^,  which  can  oalf  mean  a 

r^offoi,  it  would  aeem  a>  if  womea  occaiionalty 

wore  it  when  trareliing. 

The    rfVaroi,   a*    worn    bj-    traTellen    and 

hanlen,  had  not  oalf  a  band  which  faitenad  it 

tightly    ronnd    the    head,    but   a   strap   which 

puaed  under  the  chin,  sad  eusbled  the  wearer, 

who,  not  being  acciutomed  lo  it,  naturally  felt 

its  weight,  to  let  it  hang  down  hia  back.     This 

is  very  freqnent  in  works  of  art,  ollen  donbtleu 

because  it  enables  the  arliit  to  show  the  outline 

of  the  head  more  sharply. 

m  The  Hermes  on  the  cele- 

'  brnted  drum  of  a  column 

from  the  temple  of  Artemis 

Bt  Ephetus   i>  n   fatniliar 

instance  of  the  fashion. 

The  brim  of  the  w^BirDf 

■  nsually  not  eren  all 

roondibut  cut  into  Taiions 

^^y^.  conrenieDt    or    fantastical 

■^^l^__^^v        shapes,  of  which  eiamples 

T^V^TJ^^        from  ancient  Tan-paintings 

.  V.'-^  a«  here  given,  after  Bliini- 

■    ^  ner,    the     most     common 

being     one    of    qvatrtfoU 

ihnpe,   in    which    the  two 

side  leaves,  if  one  may  □■« 

the  term,  could  he  used  as 

lappcU  tied  onr  the  ean  by  a  chin  strap.     The 

brim  could  nlso  be  turned  iip  behind,  at  ooa  or 


^^ 


In  Hellenistic  times  a 
Macedonian  vanety  of  the 
wiraves,  called  Kanvla, 
was  worn,  but  chiefly 
as   an    emblem    of  power 

The  piUiut,  which  was 
practically  identical  with 
the  conical  viiUi,  wai 
worn  by  the  Etruscans, 
and      frequently     appears 

on  their  monuments.  (Cf. 
for  this  and  other  detailed 
iufonnation,  Helbig  in 
SUzMngAerichle  tier  ph  ii. 
CiaiK  der  MQiuJitiur  AKad-, 
1890,  pp.  487-554.) 

It  must  have  been  used 
in  very  early  time*,  at 
Rome,  for  it  was  the  cha- 
tacteriatic  headgear  of  the 
Pontifices,  famines,  and 
Sslii  on  solemn  occasions- 
It  is,  however,  even  better 
known  as  the  symbol  of 
Liberty,  occurring  as  such 
on  many  coins,  but  especially  on  the  denarins  of 
Biutui  and  L.  Plaetorius  Ceatianus,  where  it  is 


D  daggers. 


standingbetweent 
with  the  inscriptio 
below  (cf.  DioCas) 
This  use  must  n 
founded  with  the  pair  of  pillei 
surmo  anted  by  twin  stars 
which  also  appear  on  coins, 
but  as  the  attributes  of  Castor  and  FallDi 
(pilleali  fraira,  Catullus,  37,  2).  The  symbol 
is  douhtlast  derived  from  the  fact  that  it  was 
the  garb  of  slaves  who  had  been  fr»ed.  on 
leaving  the  temple  (cf.  Serr.  orf  J««.  viii.  56+ : 
"(Feronii)  etiam  llbertorum  dea  est  in  cuiu 
templo  capite  raso  pilleum  acdpinnt ").  Hence 
pilleam  capert  (Plautua,  Ampii.  483)  means  tfl 
gain  freedom.  Saturninus  raised  a  piOaft  » 
mod'im  wxilli  (Val.  itxx.  Till  6,  2)  as  a  sipal 
for  the  slaves  to  take  up  arms,  and  tnotre  ad 
piilmm  (Liv.  niv,  34,  8 ;  Sen.  Ep.  i7 ;  SoeL 
Tib.  4)  was  s  recognised  eipreeslon  for  nising  t 
revolt.  Glidiatori  on  being  difcharged  were 
given  the  pilltm,  two  years  after  they  bad 
received  the  mdis  (Ulpian,  Call.  leg.  mo:  tit.  II, 
teg.  T>  It  was  in  fad  so  well  anderstood  td  be 
a  symbol  of  recovered  liberty  thnt  foreign  Wap 
like  Prujilas  (Liv.  ilv.  44).  who  wished  lo 
display  themselves  aa  liberti  of  the  Ronas 
people,  appeared  in  public  with  shaven  hesil 
wearing  the  pUlaa  (cf.  Plot,  de  Ala.  fori.  2, 3), 
So  too.  after  the  death  of  Nero,  the  wh<de  ]>I(U 
wore  It  (Suet.  Aero,  57),  just  as  Ihey  were  SMiU' 
lomed  to,  during  the  Saturnalia 
liv.  1,  2).  Amoi 
with  the  pilhtu  ii 
slaves  whom  the  master  did  not  wuh  to  urarrsnt 
with  it  on  (Gell.  vii.  4,  1). 

The  meaning  of  pilleta  was  a  very  genertl 
one,  like  iraji,  not  confined  to  fell  raps  aloof. 
Thus,  Saetonios  (op.  Serv.  ad  Am,  ii.  683)  ty 
that  the  aptx  tuiuhH  aiMi  gatenu  von  by  ihe 


piscraA 


429 


priati  were  ill  pillti.  PBIailam,  hoimer,  like 
riAfSiw,  vu  ths  ipedlic  luimt  for  orJinary 
c»p».  [Apes.]  Ai  to  capt  of  ikin,  iipart  from 
the  gali^a,  Vegetiui  tdli  lu  that  loldlen,  vhen 
aot  ming  thtir  hiilmeti,  won  pillti  pataionici  of 
■km  (Miia.  i.  20),  and  Polybim  (i.  lupra  lac.  cit.) 
mentions  the  mnt.  Capi  of  cloth  made  from 
old  cloakg  (Stitiui,  Silc.  ir.  9,  13,  "luque 
(dcone  defueruDt  ca«it  pillea  iDtn  de  laceral*  "} 
ifcm  to  hare  been  the  pillei  worn  at  tbe  Satur- 
nalia; and  Uartial  lends  i  friend  one  at  a 
prt«*iit,  with  the  jocnlir  regret  tbit  he  cannot 
aflbrd  to  giT«  avaj  tbe  whole  cloak  fiir.  132> 

Tb*  Romatii,  like  tbe  Greeka,  icldoin  wore 
aaT  corering  on  the  head,  Choarh  tbii  ii  truer 
of  tbe  npper  than  the  lower  claHea.  Horace, 
fer  initance,  ipeaki  of  a  tribaiman  carrying  his 
ilipperi  along  with  bii  c:ip  on  the  way  to  a 
Itut  ("ut  cnm  pilleoio  loleaa  cddtIvi  tribnlia," 
Ep.  i.  13,  IS) ;  and  Nero  Qied  to  wear  one  at  a 
diigoiee  at  night  (Suet.  Nero,  26).  In  Imperial 
tioMi  the  cnitom  of  uiiag  hatt  became  much 
mare  GommoD;  and  Auguitus  in  hi)  later  life 
nerer  went  oot  of  doora  without  a  prtatut  (Saet. 
Aig.  83),  and  Caligula  allowed  tbem  to  be  worn 
ID  the  theatre  at  a  protection  againit  the  tun 
(Dio  CaM,  lij.  7).  E»en  in  Cicero'e  time  nee- 
(ea^r*  wore  the  Greek  petaitu  (ad  Fam.  it. 
IT,  1),  which,  t«  well  as  the  couna,  1>  mentioned 
In  Plantoa,  to  that  tbe  Greek  form*  mnit  hare 
been  well  known,  eten  if  not  worn,  at  Hnme, 

Then  doe*  not  leem  to  be  anything  to  show 
that  the  pillau  diflend  In  ibape  from  tbe 
viAiSter,  except  the  fact  thnt  thoee  shown  on 
Etmican  nionunieiiti  are  longer  and  more 
peaked  tbaa  tbe  Greek  form).  The  vaneUet 
MtQ  on  coina  with  the  mrga  and  chin-itrapt  are 
tbe  ctrtmonial  cape  of  prints,  rather  than  thaw 
worn  in  erery-daT  life,    [Apei.] 

(Becker-Goll,  Cliarikla,  iii.  262,  and  Gallia,  iii. 

t2?'l;  HennaDn-Bliiinner,J'r>Rita/fi»^A.p.  180; 
arqnardt,  PrimUebm,  p.  554;  Iwan  MQller, 
BmOndi,  IT.  pp.  Mb,  805,  STO,  and  329; 
Duemberg  and  Sagtio.arts.  Caasia  and  CSiaum; 
Htlbig  in  8itimg^erichtt  d.  Bayr.  AhaiS.  d. 
Witnuch.,  HItL  phU.  Slaste,  1880,  iv.  p.  487  ; 
BliUDDCT,  TmAnalogu!,  i.  p.211  f.;  Yates,  Tts- 
In'mra  Antiguomm,  pp,  388-411;  Blilmner 
in  Baameitter,  DenhnSler,  art.  Kopfbe- 
itdem,.-)  [W.  F.  C,  A.] 

PILCM.       [HAffTA.] 

PDIACOTHE'CA  (*v«oeitini,  Strib.  xit. 
p.  367),  a  pictaTt-gallery.  Marceliut,  after  the 
laptnfe  of  Syracoie,  first  ditplayed  the  workt  of 
Greek  paiDtera  and  scnlpton  to  hit  counlrynteD, 
whoee  tatte  for  the  line  aria  was  gradually 
Batured  by  the  coni]Desla  of  L  Scipio,  Flamln- 
inns,  and  !•  Paulina,  and  grew  into  a  paasion 
after  tbe  apoils  of  Acbaia  had  been  transported 
by  Hnmmius  to  Rome.  Objects  of  this  de- 
Kriptmn  were  at  first  employed  eiclusiTely  for 
the  decoration  of  temples  and  places  of  public 
rwrrt  (Cic,  Vtrr.  i.  21,  55);  but  private  col- 
lectiow  were  toon  formed,  and  townrds  the  close 
DftheRepoblicwefind  that  inthe  houses  of  the 

tcptisn  of  paintings  and  statues  (\'arTo,  R.  R.  i. 
!,5B;  ac  Tato.  T.  35,  103).  In  the  time  of 
^Bgnftns,  Vltrnvins  includes  the  pinacotheca 
■nwf  the  apartments  of  a  complete  ^ouie  for  a 
rich  man,  and  gives  dlreclions  that  it  thnald  be 
Uip  and  loftj,  facing  the  north,  In  order  thnt 


the  light  might  be  equable  and  not  too  strong 
(Vitrnv.  i.  2  ;  Ti.  6,  7  :  cf  Plin.  M,  S.  iiiv.  %  4). 
The  pictures  were  either  let  into  the  wall  or 
hung  against  it  (Cic.  T"wc  iv,  S5,  122;  Plln. 
HIT.  Sf  36,  118).  A  special  attendant,  called 
a  pinaaithtxa,  was  emptoyed  to  look  after  the 
collection  in  great  bousei  (C.  /.  L.  i.  692, 
6638).  (Becker-Goll,  GaUiu,  ii.  275;  Har- 
quardt,  Privatlebtn,  611;  Ftiedlilnder,  3.  O. 
ii.  168.)  [W.  R.]     [0.  E.  M.] 

PIPER  (Wirsfii)  was  used  as  a  seasoning  both 
by  Greeks  and  Romans,  though  not,  ns  far  aa 
our  evidence  goes,  among  the  larmer  before  the 
period  of  the  Uiddle  Comedy,  and  it  ia  unlikely 
that  «>  iboold  hear  nothing  of  it  in  Aristo- 
phanes if  It  wat  ia  common  nae  hi  bis  time. 
The  Romans  probably  began  to  use  it  alYer  their 
conquest  of  Greece.  It  was  brought  from  India 
(Plin.  3.  a.  III.  §§  26-29),  but  by  way  of 
Alaiandria,  where  it  was  transferred  from 
-camels  and  sent  by  aeii  to  Rome  (Peri.  r.  136  ; 
Mayor  on  Jut.  air.  393).  Tbe  two  kinds  of 
pepper,  black  and  white,  were  obtained  merelv 
by  different  treatment  of  the  berry  (Plin.  /.  e.'; 
cf.  Bor.  Sat.  ii,  4. 741.  Tbe  pepper-boi  (pipera- 
toHvm)  it  mentioned  by  Paulus  (Seal.  iii.  6,  S6) 
among  vata  ar^eniea.    The  woodcnt  repretenta 


PIperslorlnm.    (BrlUafa  Kusaarn.) 


a  tmall  tilrer  pi|>eratorium,  probahlT  of  the  2nd 
century  i.D.  (see  GaietU  ArckgaU^ipu!,  1885, 
p.  335)  found  at  Chaourse  in  Fiince,  and 
recenUy  (1889)  acquired  by  the  Britiah  Museum. 
It  is  formed  of  the  figure  of  a  negro  ilare  sind 
in  a  pamtda  with  a  hood,  having  amai!  holes 
drilled  in  the  head.  [G.  E.  M.] 

PIBCAT(yBII  LUDI.  [Ldot  Pjscatobh.] 
PieCPNA  (MKv^mp^  »i(«tif^>  is  pro- 
perly a  fish-pond,  either  of  salt  water  or  of  fresh  ; 
sea  the  passages  in  Forceliioi  and  the  Dictiona- 
ries. It  denotes  also  any  kind  of  leserroir,  espe- 
cially  thoae  connected  with  the  aqueducts  and 
the  baths  (AqcjtEDDcnrB,  p.  149  a;  Balseae, 


430 


PI8TILLUM 


PISTOB 


p.  275  bf  note).  ConTersely,  the  Greek  koKu/A' 
fi'f}0pa  was  by  no  means  confined  to  its  original 
meaning  of  a  swimming-bath,  but  included  the 
various  senses  of  piscina, 

Reserroirs  were  made,  as  in  modem  times,  by 
damming  up  the  lower  end  of  a  valley.  One  of 
the  largest  and  finest  was  constructed  at  Agri- 
gentum  and  is  described  by  Diodorus  (xi.  25), 
though  in  his  time  it  had  ceased  to  exist ;  it  was 
seven  stadia  in  circumference,  twenty  cubits 
deep,  an  ornamental  sheet  of  water  abounding 
with  fish  and  swans  :  he  calls  it  ia>\vfi$^0pay  a 
good  example  of  this  use  of  the  word.  The 
hollow  of  the  hill  which  this  reservoir  occupied 
is  still  plainly  to  be  distinguished,  especially 
from   the  Temple   of   Castor  and   Pollux  (cf. 

£mI88ABIUM). 

The  Romans,  with  their  unbounded  command 
of  water-tight  cement,  were  particularly  suc- 
cessful in  the  excavation  of  underground  reser- 
voirs; and  having  to  deal  with  the  highly* 
calcareous  water  from  the  Apennines,  they  had 
learnt  how  to  get  rid  of  the  sedimentary 
deposits.  In  the  so-called  Sette  Sale  on  the 
£squiline,  a  still  existing  reservoir  attached  at 
first  to  the  Golden  House  of  Nero,  afterwards  to 
the  Baths  of  Titus,  the  water  was  made  to  flow 
through  no  less  than  eighteen  subdivisions,  in  as 
devious  a  course  as  possible,  so  that  any  sedi- 
ment it  contained  might  be  deposited  on  the 
way  (Middleton,  Anc.  Borne  in  1885,  p.  352). 

An  unrivalled  work  of  this  description  is  the 
Piscina  MirabUe  as  it  is  now  called,  on  the  road 
between  Baiae  and  the  promontory  of  Mlsenum, 
and  still  in  perfect  preservation.  This  reservoir 
is  excavated  out  of  the  tufa  rocks  on  the  sea- 
coast,  and  was  used  for  watering  the  fleet  in 
days  when  the  naval  head-quarters  were  at 
Misenum ;  it  is  not  mentioned  by  Pliny  or  any 
other  Latin  writer,  but  it  is  referred  by  Winckel- 
mann  with  great  probability  to  the  time  of 
Augustus,  and  to  Agrippa  as  its  constructor.  It 
is  223  feet  long  and  83  broad,  with  a  vaulted 
roof  of  massive  masonry,  supported  by  48  large 
cruciform  pilasters,  arranged  in  regular  lines  of 
12  each,  and  forming  5  distinct  galleries  or 
compartments.  It  is  entered  at  the  two  ex- 
tremities by  stairs  of  40  steps  each,  one  of 
which  has  been  repaired  and  made  accessible. 
In  the  middle  of  the  piscina  is  a  depression  or 
sink,  extending  nearly  from  wall  to  wall,  for 
collecting  the  sediment  from  the  water.  The 
roof  is  perforated  by  square  openings,  which 
probably  served  for  ventilating  the  interior. 
The  walls  and  pilasters  are  covered  with  a 
calcareous  deposit  as  high  as  the  spring  of  the 
arches.  It  was  supplied  by  the  Julian  aqueduct 
from  I^ke  Serine  in  the  Apennines,  whose 
waters  have  within  the  last  few  years  been 
re-introduced  into  Naples;  the  traces  of  the 
aqueduct  entering  the  piscina  may  be  seen 
near  the  entrance. 

(Murray's  Handbook  of  Southern  lialy^  ed. 
1883,  p.  330;  Handbook  o/  Siciiy,  8.  v.  Agrigen- 
<ttm;  personal  observation.)  [W.  W.] 

PISTILLUM.     [MOBTARIUM.] 

PISTOB  iiLfnowoi6s),  a  baker.  Both  with 
the  Greeks  and  Romans  the  bread  was  originally 
prepared  and  baked  at  home.  In  large  house- 
holds this  practice  was  long  continued.  In  the 
Hellenistic  period  and  under  the  Roman  Empire 
there  were  numerous  slaves  skilled  as  bakers 


and  confectioners  (cf.  Athen.  iii.  112  c);  and 
several  of  the  private  houses  at  Pompeii  have 
baking-rooms  on  the  premises  (see  Overbeck- 
Mau,  Pompeii^  4th  ed.,  pp.  301,  385,  Casa  di 
Sallustio;  pp.  328  f.,  386,  Casa  di  Pansa;  p. 
343,  Casa  del  Laberinto)  There  is  no  mention 
of  the  baker's  trade  in  Homer.  The  flour 
mentioned  in  the  Homeric  poems  is  of  two  kinds: 
coarse  barley-flour  (&A^ira)  and  wheat-flour 
(&Xcfara=&Aevpa).  It  was  from  the  latter  that 
bread  was  generally  made  (see  Buchholz,  Die  horn, 
Beaiien^  ii.  pt.  1,  p.  108  f. ;  ii.  pt.  2,  p.  168  f. ; 
cp.  Riedenauer,  Handvoerk  in  den  horn.  Zeiten, 
§  5).  Schliemann  (TVo/o,  p.  44 ;  i^tos,  pp.  234, 
235)  appears  to  assert  that  grain  could  not  have 
been  made  into  bread  into  Homeric  times,  but  it 
is  difficult  to  see  the  grounds  for  such  a  view. 
The  Homeric  words  for  bread  are  o-frof,  tffrrof, 
and  w6pyop  (specially  wheaten-bread).  ^Aprot 
seems  to  signify  the  baked  loaves ;  ceroi  is  a 
more  general  term,  used  e^.  for  food  in  opposi- 
tion to  drink. 

At  Athens  as  early  as  the  5th  century  B.C. 
we  find  working-bakers  (ipTOK6woi)  who  sold 
their  wares  in  the  market  and  streets  through 
female  vendors  (dpromiAiSct),  who  enjoyed  a 
reputation  for  abusive  language  (Aristoph.  Ban, 
858 ;  Vesp.  1389,  &c.).  At  Rome  (according  to 
Pliny,  H  N.  xviii.  §  107)  there  was  no  baker's 
trade  till  about  B.C.  172.  Many  freedmen  are 
found  engaged  in  the  trade,  and  under  the  Re- 
public it  was  one  of  the  duties  of  the  aediles  to 
see  that  the  bread  was  properly  prepared  and 
correct  in  weight.  A  bakers'  guild  (porpua  or 
collegium  pistomm),  which  long  existed,  wss 
organised  by  Trajan,  and  this  body,  through  its 
connexion  with  the  cvra  annonaey  became  of 
much  importance  and  enjoyed  various  privileges. 
There  were  guilds  of  pistorea  and  clibanarii  at 
Pompeii  (Overbeck-Mau,  Pompeii^  4th  ed.,  p. 
470).  A  great  increase  in  the  number  of  bakeries 
Qnkrinaej  officinae  pistoriae)  afterwards  took 
place  at  Rome,  owing  probably  to  the  action  of 
Aurelian  in  introducing  a  daily  distribution  of 
bread  instead  of  the  old  monthly  distribution  of 
grain  that  had  been  usual  since  the  time  of  the 
Gracchi.  This  daily  distribution  also  took  place 
at  Constantinople.  The  businesses  of  the  miller 
and  baker  were  usually  combined :  cf.  Serv.  ad 
Aen.  i.  179  (pistoreSy  pinsores,  from  pineere^  to 
pound  the  grain);  and  authorities  in  Blumner, 
Technol.  i.  p.  16,  note. 

Confectioners  and  makers  of  the  finer  kinds  of 
bread-stuflf  are  distinguished  by  various  names, 
as  wAxuiOvprowot6s,  w9fjiftArovpy6sf  mmtannmisf 
pistorea  candidani  (Orelli,  4263),  sSiquiarii 
(C.  /.  L,  vi.  22),  clibanarii  (C.  J.  L.  iv.  677), 
(jnstor)  Peraiamu  (Orelli,  4264;  cf.  Plin.  H.  N. 
xviy.  §  105),  dtdciarii  (Mart.  xiv.  222,  &&), 
libariiy  cruatttlarii  (Senec  Ep.  56,  2),  fctorea 
(makers  of  sacrificial  cakes),  &c  The  cakea  and 
confectionery  of  the  pastrycooks  had  already  a 
literature  of  their  own  in  antiquity,  and  are 
described  in  Athenaeus,  xiv.  643  e,  f,  and  Pollux, 
vi.  75  ff".  Some  were  made  specially  for  religioos 
festivals  and  sacrifices  (see  Lobeck,  Da  Oraacontn 
placentia  aacria), 

A  Pompeian  painting  (Jahn,  Abh.  der  SScha, 
Qea,  der  Wiaaenach,  v.  pi.  3  =s  Banmeister, 
Def^maier,  <*  Bfickerei,''  fig.  225)  shows  us  a 
baker's  shop-table  or  counter,  and  shelves  behind 
piled  with  loaves  of  circular  form.    The  shopnaa 


PI8T0E 

(iU  niitd  Dp  behind  the  eonater,  giring  &  loaf 
to  «  CDitomer.  A  bakei'i  ihop  at  Pompeii  hu 
u  it*  lign  ■  lelieF  of  a  mill  tuioed  by  b  mule 
(Onib«k-Uiii,  op.  n't.,  p.  379,  fig.  186).  The 
pba  of*  bakery  at  Pompeii  is  given  in  Overbeck- 
Han,  I9>.  cit.,  p.  386,  Gg.  1B9  (cf.  alwi  the  view, 
A.  f.  385,  6g.  18S>  The  work^ng-roomi  are 
Uien  litoated  in  tl><  back  part  of  a  tolerably 
lug,  boilding.  Yoai  lugt  milli  hare  been 
foand  there,  and  on  the  rigbt  i*  thg  oTen,  cou- 
Dtcted  with  twe  roomi,  in  one  of  which  the 
kseadiag  of  the  doagh  probably  took  place. 
OtbtT  raomi  io  the  home  an  ihope,  ileeping- 
tpartmenta,  &c. 

Wheat  wai  the  grain  chiefly  oHd  for  bread 
by  the  Gneki  and  Bomooa.  Barley  woi  iIh 
Bled,  but  at  Borne  barley-bnad  (pant)  Aardtncnu) 
wu  the  food  only  of  Blare*,  lotdien,  and  bar- 
bariani  (cf.  Plin.  H.  S.  xviii.  §  74).  Spelt 
iinA,far)  wai  al*o  lometimea  need  for  bread, 
operiiUy  by  the  Romaoi  at  an  early  period  A 
coarar  bread  wai  made  from  aiica,  a  kind  of 
ipelt  (correaponding  to  the  Greek  xirSfioi),  which 
wu  grown  in  Verona,  Campania,  and  many 
fMU  of  Italy  (cf.  Plin.  B.  Jf.  ITUJ.  §  106). 
Gye  (*Fcaie)  «a*  coniidered  nnwholesom*  by  the 
Romana 

Aiwith  aa,wTeralk)Ddiafflonr  wereprodaced 
from  the  ume  grain,  diBering  according  to  the 
action  of  the  null  and  the  ate  of  aieve*  (mlvvm, 
•^^Jpai,  crff>ra)  of  greater  or  leu  fineneH. 
Bread  made  of  pure  and  finelr  aifted  wheat-aonr 
■rat  called  by  the  Greek*  lAfvpfTiii,  ytipimi, 
t^at^TTit,  Ac,  end  waa  deicribed  a*  "  whit«  " 
liread  (X(M^,  nftipjt)-  ^7  ^^'  Romani  the 
bread  made  of  pure  wheat-flour  {amila,  rim*- 
Ikjo)  waa  called  panit  tSigomu.  If  the  bran 
wu  miied  with  the  wheat-flour,  the  bread  wu 
•:illed  by  the  Greek*  wrnifurrJi,  ainiwvfos, 
rifrar  (or  nniflia  =  bread  of  bran  only),  and 
rii  (pohen  of  u  iLntfi^ai,  pawofii,  lie.  B; 
the  Romaik*,  bread  made  of  coatae  Sour  or  of 
floor  with  the  bran  was  called  paint  dbariat, 
fUMai,  cattmua,  tordidai,  nuHatt,  toimdia, 
Ivrfnma,  Ik. 

The  dongh  wu  prepared  by  moiatenlng  the 
flour  with  water  (Senec  Ep.  »U,  be),  by  adding 
•alt,  and  by  carefDl  kneading  (/uIttv,  ^vfim, 
'^^go,   dnao)   in    a    kneading-trough  (jiimfa, 

rally  made  of  wood,  but  ionietini«  of  atone  or 
IBlteij  (Phot.  p.  343,  17,  ».  ».  idmfa).  The 
kneading  aeein*  naoally  to  hare  been  done  with 
Ihr  hand,  though  from  *ome  monamental  repre- 
amUtion*  ((ee  BliimaeT,  Teekwii.  1.  p.  63)  it 
wanld  appear  that  a  limple  machine  worked  by 
men  or  by  an  animal  wu  aometime*  u*ed  for 
the  work. 

Both  fennentcd  and  tiDfermeat«d  bread  were 
known  to  the  ancient*,  bnt  the  fermented  wai 
the  kind  luually  made.  The  learen  iiiim, 
(ilutfiM,  fermentam)  for  miiiug  with  the  dough 
■u  produced  in  teTeral  wayi  (aee  Plin.  H.  N. 
irui.  S  t02,  Ac).  If  required  in  email  quantitie* 
r»r  immediate  uae,  it  waa  prepared  from  cakei 
"f  barley  and  water  which  were  rtuuted  on  the 
burth,  and  then  put  in  coTtrcd  Teasel*  till  the 
frmxntation  took  place;  or,  the  baked  dough 
frgm  the  preriou*  day'i  baking  was  taken  and 
kneaded  with  ult,  and  a  decoction  made  from 
it.  which  waa  allowed  to  itand  till  it  b«anie 
ftnneated.    LeaTeo  in  larg*  qnantiliei,  which 


PLAGIUM 


431 


could  be  kept  for  a  year,  wu  made  during  the 
Tintage  time  by  kneading  millet  with  must,  or 
by  kneading  wheat-bran  with  mait  and  drying 
it  in  the  aun.  The  dough  when  prepared  wai 
placed  on  a  board  and  ibaped,  generally  with 
the  hand,  but  •ometimea  in  mouldi  (orioptae). 
It  wu  then  by  meana  of  a  ihoTel  (pala)  placed 
in  the  oren  (iwr^i,  /iimiu.'  for  the  ihape  cf. 
an  oven  at  Pompeii,  Orerbeck-Uao,  4th  ed.,  flg. 
192;  Blilmuer,  TecAnoI.  i.  65,66).  The  doagh 
waa  occuionally  baked  on  the  hearth  among 
the  emiMn,  or  on  a  ipit;  or  it  wu  aometimea 
placed  in  a  Te*>el  (nKl^aiHit  or  Kpi^aros),  usually 
of  pottery,  provided  with  a  cover  and  pierced 
witJ]  imail  boleo.  Hot  embera  were  then  heaped 
up  round  it  till  the  heat  penetrated. 

The  loavsa  of  the  Greeks  and  Romans  were 
ninally  fiat,  circular,  and  indented  into  four 
or   more  part*  (Iproi  fiAci;u«>>i,  TtrpiiTpv^t, 


pania  quadratUM),  Loavea  were  atn  made  in 
Dthei  forms,  such  u  cnbei  (,iciBai).  The  shape 
of  the  Roman  loaf  is  well  known  to  ns  from  the 
Pompeian  paintings,  and  from  actual  specioiena 
discovered  at  Pompeii  (Baumeiater,  Denkmaler, 
"Backerei,"  fig.  2S5;  Orerbeck-Mau,  ep.  cit- 
p.385). 

A  representation  of  the  bread-making  pro- 
cesses i*  to  be  found  on  the  relief  of  the  tomb- 
*tone  of  Enrysaces,  a  large  baker  at  Rome  of 
the  AngDstau  periiNl  or  earlier  (Jfonum.  d.  Init. 
ii.  58 ;  0.  Jahn,  Annidi,  i.  p.  331  S. ;  C.  /.  L.  i. 
n.  1013-1017).  Hera  is  shown  the  grinding  of 
the  com,  the  silting  of  the  flour,  the  kneading 
and  ihaping  of  the  dough,  the  depoitting  of  the 
dough  In  the  oven,  and  finally  the  bringing  out 
of  the  loavei  in  basket*  to  be  weighed. 

(JutAorifiM. — Full  references  to  the  ancient 
authorities  are  given  in  an  eicetlent  chapter  of 
Bliimner's  Ticlmoiiigif,  i.  Iff.  ;  see  also  Momm- 
sen-Uarquardt,  RrnKlbuc/i  dir  rBm.  Alt.  rii. 
p.  39Sff.,  and  Blamner,  art.  "Btckerei  "  in 
Baumeiiter's  DmimSltr.)   [W E  W h.] 

PISTKI'NUM.    [Uou ;  Hortibidii.] 

PITHUB  (wMoi).    [DouuM.] 

PLAGA.    [RPTK.] 

FLA'GIUH.  This  crime  wu  the  snhject  of 
a  Lei  Fabia,  which  is  mentioned  by  Cicero  (pro 
Rabirio  Perd.  3,  8),  and  is  aiaigned  by  some 
writers  to  the  consulship  of  Quintus  Fabius  and 
If.  Claudius  Marcellus,  BJ^  183;  bnt  without 
sufGcIent  reuon.  Tbe  chief  proviiioDs  of  the 
lei  are  collected  from  tbe  Digest  (48,  15,  6: 
of  PauL  Smi.  Stc  v.  30, 13) :  "  If  a  freeman 
concealed,  kept  confined,  or  knowingly  with 
dolus  mains  purchased  an  ingeunua  or  libertinua 
against  hu  will,  ^or  participated  in  any  such 
acts;  or  if  he  persuaded  another  person's  mala 
or  female  slave  to  run  away  from  a  muter  or 
mistress,  or  witbont  the  conaent  or  knowledge 


432 


PLANETAE 


of  the  master  or  mistress  concealed,  kept  con- 
fined, or  purchased  knowingly  with  dolus  mains 
such  male  or  female  slave,  or  participated  in 
any  such  acts,  he  was  liable  to  the  penalties  of 
the   Lex  Fabia/'    The  penalty  of  the  lex  was 
pecuniary,  and   the   consequence  was  infamia ; 
but   this    fell    into    disuse,  and    persons   who 
offended  against  the  lex  were  punished,  either 
by  being  sent  to  work   in   the  mines  or  by 
cruciHxion    if   they  were  humiliores,  or   with 
confiscation  of  half  of  their  property  or  per- 
})etual  relegation  if  they  were  honeitiores.   These 
punishments  were  imi)08ed  by   the  praefectus 
urbi  and  the  praesides  provinciarum  (Paul.  /.  c. 
and  Coll.  xir.  2, 2 :  *'  Et  olim  quidem  hnjus  legis 
poena  nummaria  fuit ;  sed  trans! ata  est  cognitio 
in  praefectos  urbis ;  itemque  praesidis  prorinciae 
extra  ordinem  meruit  animadrersionem  ").    The 
crime  of  kidnapping  men  became  a  common 
practice,  and  required  vigilant  pursuit  (Suet. 
Aug,  32).      For  a  remarkable  instance,  which 
has   been   introduced  in  modem   romance,  see 
Socrates,  Hist.  Eod,  r.  8,  cited  by  Marquardt. 
A  senatusconsultum  ad  legem  Fabiam  did  not 
allow  a  master  to  give  or  sell  a  runaway  slare, 
which  was  technically  called  fvgam  vendere ; 
but  the  provision  did  not  apply  to  a  slave  who 
was  merely  absent.     A  bonA>nJe  possessor  of  a 
slave  or  freeman  could   not  be  made  liable  on 
account  of  plagium.  The  name  of  the  senatuscon- 
sultum by  which  the  Lex  Fabia  was  amended, 
does  not  appear.     The  word  plagiwn  is  said  to 
have  come  from  the  Greek  wKdytosj  **  oblique," 
''indirect,"    dolosus.       But    this    is    doubtful. 
Schrader  {Inst.  iv.  IS,  §  10)  thinks  that  the 
derivation  from  plaga  (a  net)  is  more  probable. 
He  who  committed  plagium  was  plagiariuSj  a 
word  which  Martial  (i.  53)  applies  to  a  person 
who  falsely  gave  himself  out  as  the  author  of 
a  book;   and  in  this  sense  the  word  has  come 
into  common  use  in  our  language.    (Dig.  48, 
35  ;  Cod.  9,  20  ;  Paulus,  II.  cc. ;  Geib,  Das  Bdn. 
Sira/recht,   p.   52;     Rein,    Das    Criminalrecht, 
p.   386;    Rudorff,    £om.   Bechtsg.   ii.   §   117; 
Mizerski,  de  Crimine  Plagii,  Berol.  1865 ;  Mar- 
quardt, PrivatMienj  i.  168.)    [G.  L.]  [E.  A.  W.] 
PLANETAE,  s.  Stellae  errantes  (irXa- 
y^ai  s.  irXoM^/Acyoi  iurr4p€$  as  opposed  to  rk 
iarKcani  tAp  ttrrpmy)..    The  popular  astronomy 
of  the  early  Greeks  was  chiefly  confined,  as  is 
pointed  out  elsewhere  [Astronomia],  to  a  know- 
ledge of  the  morning  and  evening  risings  and 
settings  of  the  brightest  stars  and  most  remark- 
able constellations,  since   upon    these  observa- 
tions the    formation    and    regulation    of   the 
primitive  calendars  in  a  great  measure  depended. 
No  single  star  was  more  likely  to  attract  atten- 
tion under  such  circumstances  than  the  planet 
Venus,  and  accordingly  The  Morning  Star  ('Ecm-- 
^6pos)  is  placed  first  among  the  stellar  progeny 
of  Erigeneia  in  the  ITieogony  (381) — 

rim  6i  lUt'  (sc  iofdiAmtt)  iunipa  rUrw  *E««^^por 
*Hpty/rcia 

while  both  the  Morning  Star  CZwr^pos)  and 
the  Evening  Star  CEcnrfpor)  are  named  in  the 
Homeric  poems  (//.  xxii.  318,  xxiii.  226 :  cf. 
Od.  xiii.  93),  where  they  are  evidently  regarded 
as  distinct  from  one  another,  and  there  is  no 
hint  that  they  are  unlike  the  other  stars  in 
their  nature.     According  to  ApoUodorus,  in  the 


PLANETAE 

second  book  of  his  work  Tltpl  $4mw,  Pythagoras 
(about  B.a  612)  was  the  first  who  surmised  that 
^t^^r^pos  and  'Etfvcpof  were  one  and  the  same, 
but  by  Favorinus  the  honour  of  this  discovery 
is  ascribed  to  Parmenides.    The  latter  certainly 
looked  upon  this  body,  which  he  called  both  'E^r 
and  *£(nrc/N>t,   as    altogether  different    in   its 
nature  from  the  fixed  stars,  for  he  placed  it  in 
his  highest  region,  or  aether ;  below  it,  bat  also 
in  the  aether,  was  the  sun,  and  below  the  sun, 
in  the  fiery  region  (^i^  r^  wvpci^u)  which  he 
calls  oipay6s,  were  the  fixed    stars.    Achilles 
Tatius  assigns  the  discovery  to  Ibycus  (circ.  B.& 
540).      The  term  9\atnrrai  seems,  if  we  can 
trust  Plutarch  and  Stobaeus  {Ed.  Pkys.  L  24), 
to  nave  been  recognised  as  early  as  the  epoch  of 
Anaximander,  according  to  whom  the  sun  stood 
highest  in  the  universe ;  next  below  was  the  moon, 
and  then  the  fixed  stars  and  the  planets  {{nth 
Si    oJbrohs  rk  ArXoi^  riv    &irrpttP   nd    rmn 
wKarfirasy,    Empedocles  supposed  the  fixed  stars 
to  be  imbedded  in  the  crystalline  sphere  which, 
according  to  his  system,  enveloped  all  things, 
but  the   planets  to  be  detached  from  it,  thus 
implying  the   necessity   felt    for  some  theory 
which  should  account  for  their  erratic  ooune. 
Democritus  wrote  a  treatise  Htpl  r&v  vKumiTm, 
among  which  he  reckoned  the   sun,  the  moon, 
and  ^tMr^6pos,  but,  as  yet,  their  number  had 
not  been  determined.     This  is  expressly  affirmed 
I  by  Seneca  {Quaest.  Nat  rii.   3),  *'I>emocritus 
subtilissimus  antiquorum  omnium  snspicari  ait 
se  plures  stellas  esse   quae    currant;   sed  oec 
numerum  illarum  posuit,  nee  nomina,  nondam 
comprehensis  quinque  siderum  cursabns.     En- 
doxus  ab  Aegypto  hos  motus  in  Graeciam  trana- 
tulit"      But,  although  Eudoxus  may  have  beeo 
the  first  to  communicate  scientific  details  with 
respect  to  the  orbits   and   movements  of  the 
planets,  Philolaus,  a  Pythagorean,  who  flonruhed 
more  than  a  centurv  earlier,  was  certainly  ac- 
quainted with  the  whole  five,  for  he  maintained 
that  there  was  a  central  fire  around  which  the 
ten  heavenly  bodies  (Seira  atifuLva  $€m)  revolved. 
Of  these,  the  most  remote  from  the  centre  was 
ohpaM6sf  that  is,  the  sphere  containing  the  fixed 
stars,  next  in  order  were  the  planets,  then  the 
sun,  then  the  moon,  then  the  earth,  and,  below^ 
the  earth,  the  Antichthon  (iurrix^^t  ^e  Ariit. 
de  Caelo,  iL  13),  thus  completing  the  number 
ten  if  we  reckon  the  planets  as  five.    In  the 
Timaeus  of  Plato  (p.  38),  the  planets  are  men- 
tioned specifically  as  five  in  number  (I^Aisf  m2 
fftX^ni  Koi  t4pt€  iWa  iarpa  iwiitXnP  txorn 
ir\«ri|rd(),  and,  in  the  same  passage,  we  for  the 
first  time  meet  with  the  name  Hermes  as  con- 
nected with  one  of  these  Q^m^^ipov  tk  la^  rhr 
Uphv  'Zpfiov  \ty6fi€Poy),      It  is  not,  however, 
until  we  come  down  to  the  Epinomis  (p.  987X 
the  work  of  some  disciple  of  Plato,  that  the 
whole  five  are  enumerated,  each  with  a  distio- 
guishine  appellation  derivod   from  a  god:  r^r 
rod  Kpopov,  rhp  rou  At^f ,  rhp  rov  *Ap*eSi  r^ 
r^f  *Afpo9initj  rhp  rov  'Zpftov.    In  the  trsct 
Tltpl  KOVfAOv,  found  among  the  writings  of  Aris* 
totle,  although  probably  not  from  hu  pen,  we 
are    furnished    with    a    second  set   of  nsmei 
(p.  392a,  23>— ♦aiWy  fdr  the  star  of  Kronos; 
♦a^tfv,  for  that  of  Zeus ;  Hup^ir,  for  thst  of 
Ares ;  ^mtrp6ooSf  for  that  of  Aphrodite ;  IriXfimft 
for  that  of  Hermes:    and  these  seem  to  hsre 
been  the  ordinary  designations  employed  by  men 


PLANETAE 

oT  tcinn.  It  ii  hen  itited  ■1m,  that  nupJtii 
ni  bj  Kme  tinned  the  itar  of  Heraklei,  Kad 
tbat  2rU£w  wu  bj  aoine  termed  the  itnr  of 
Apullo.  Plin;  giTH  additioiul  Tiriitioni,  for  in 
his  lin  th«T  arc  ciUIogued  u  Sidds  Sathrsi, 
JOVB,  UlBTU  >.  Uebcuus,  Vesebu  I.  Juhonu 
1  IsiDis  1.  AUtru  Deck  {l.vcifer,  Vnptr), 
SlERCimj  1.  AfolLihib;  and  theM  may  be  ttill 
forther    increurd    from    Achillea   Tatioi,    the 

Tbf  PTthagcruDi,  rf(;'nl>°g  the  earth  u  the 
<«itre  ofthe  uniTCTW,  uiumcd  the  place  of  the 
bte  pluwt*  to  be  between  that  of  the  (iied  itara 
en  the  cme  hand,  and  the  inn  and  moon  on  the 
Dibei,  a  doctrine  rollawed  bj  Plato  (cf.  Uartin, 
}Tn(c  dt  Ptaton,  ii.  p.  trt),  Eadoiaa  and  Arii- 
lulle  (cf,  ProclDi,  a  Tim.  p.  25T  F).  Archi- 
moJa,  howerer,  employing  a  fuller  knowledge 
of  mithcniBtica  (Uacrob.  in  Somn.  Scip.  i.  IE), 
§  !),  uagsed  the  following  order  :— 1.  Satum ; 
i  Jupiter;  3.  Man;  4.  The  Sun;  5.  Venna; 
6.  Hfrrnry  ;  T  The  Hoon;  and  thia  order  waa 
pserally  adopted,  t.g.  by  Cicero  (dt  Die.  ii.  43, 
91),  Maailiua  (L  803,  6).  Pliny  (ff.  if.  ii.  %  6), 
lit.  UacTDbiui  aaya  that  the  Pythsgoruuia 
lianil  their  doctrine  from  the  Egjptiana,  whereaa 
tlK  latter  waa  the  view  of  the  Chaldaeana  (cf. 
Levia.^  S46r.). 

Satnmoa  waa  believed  to  perform  a  complete 
RnilBtion  in  thirty  aolar  yeara,  Jupiter  in 
IxItc,  catcnlationi  approaching  Tery  nearly  to 
tlic  truth.  The  period  of  Man  waa  Ried  at  two 
jan,  a  deterroination  leai  accurate  than  the 
1*0  former,  bat  not  very  wide  of  the  truth. 
i»  to  Veniu  and  Mercury,  not  eren  an  approii- 
matioD  waa  made,  for  they  were  both  beliered 
to  perform  their  reTolutioa  in  exactly  or  very 
narlT  the  aamc  time  aa  the  enn  (cf.  Cicero, 
Sami.  Sap.  4^  Pliny,  who  aSecta  great  pra- 
dnOD  in  thia  nutter,  fii«  348  dayi  for  Venna 
ud  339  dayi  for  Mercnry,  the  true  period  being 
uarly  325  daja  for  the  former,  and  about  88 
■itiri  for  the  latter. 
Sitmaa  being  thai  remored  to  a  great  dia- 
t  of  heat  waa  naturally 
1  cold  and  icjr  charactw 
^>di»  oc  rk/eiitu  lutHrae;  fiigida  itdla 
^Sutviii) ;  Mara,  on  the  other  band,  aa  of  a  hot 
■ad  Stry  natare  ;  while  Japiter,  which  lay  be- 
l>Ki  tbem,  enjoyed  a  temperature  made  up  by 
Ibt  combination  of  the  eitremea.  The  aatrologen 
un^ht  Dp  theae  notiona,  and,  uniting  them  with 
the  lt{cnilB  of  mythology,  adapted  them  to  their 
■JWD  purpoae,  nsiformly  repreaenting  the  influ- 
nee  of  SatnrDQa  aa  malign,  and  that  of  Jnpiter 
u  propitiouB. 
"HiK  tamen  Ifnont,  qsMaUaa  triite  minetiir 

Sttuml."— <Jni.  t1.  M*.) 
-SODiniiDqa*  sraTeni  neelra  Jore  frangbnna  ud 

"Te  JmrlalBpIo 

Tnlcla  Saiama  refutgena 
Ertpnlt."— (Hot.  Carm.  II.  1«,  31.) 

U  nigft  he  nnderttood  that,  in  the  above  to- 
■itki,  we  hare  confined  ouraelve*  entirely 
tti  pcpnlar  notion!  which  prevailed  among  the 
■adentt,  without  attempting  to  trace  the 
""t  of  Bcientific  obaervation,  a  lobject  which 
Utagi  ta  a  formal  hiitor7  of  aatronomy,  bat 
>»<  not  fall  within  out  limita.  (Pint,  dt 
fWAii  PUIm.  u.  14-16 ;  Stob.  EU  Phy:  i.  33, 


PLAUSTRUM 


433 


tuu  fiom  the 


25,  §  1;  Diog.  Laert.  viii.  14,  ix.  23; 
Pham.  454;  Gemini,  Eleiamta  Aetrm. 
Achill.  Tat.  Itag.  ad  Arat.  Pham.  ivii. ; 
LyduB,  de  MtTia.  v.,  lie  \  Cic.  de  Xat.  Dtor.  ii. 
'20,  51-54,  with  Mayor'a  notea ;  Plin.  S.  X.  ii.  6, 
8;  Tac.  Bict.  v.  4;  Macrob.  Somn.  Bcip.  4; 
cf.  Lewii,  .ilstnniDRiif  o/  the  Jncientt,  pp.  62, 
1+4,  153,  345,  ic.)  [W.  R.]     [A.  S.  W,] 

PLANIPE8.    [MiMcs,  p.  172.] 

PLA'STICA.       [SlATDARli.] 

PLAUSTRUM  or  PL08TKUM,  a  cart  or 
waggon.  The  plauitmm,  alrictly  ao  called,  waa 
a  heavy  two-wheeled  cart  (laid.  Or.  ii.  12): 
the  four-wheeled  waggon  was  properly  dia- 
tinguiahed  aa  plotatram  inajiu  (Cato,  S.  Jf .  x.  2 ; 
Varro,  S.  S.  i.  20).  The  plauatrum  waa  of 
ainiple  conatroction— «  platform  of  boarda,  with 
a  atrong  pole  projecting  from  it,  faatened  upon 
the  pair  of  wheela  and  axle.  The  blocki  of 
atone  or  other  thinga  to  be  carried  were  either 
laid  upon  thia  platform  without  any  other 
lapport,  or  were  aecured  by  upright  board* 
forming  aidea  to  the  platform  (iiipTtpla,  Hom. 
Od.  ri.  TO;  Plat.  Theael.  p.  270  A),  or  open- 
work raila  (patae,  Varr.  L.  L.  v.  140);  or  a 
large  wicker  baaketwaa  fattened  on  the  platform 
{tdrpta,  vtlpvi).  The  annexed  woodeot  ahowi 
a  cart  the  body  of  which  ia  auppUad  bj  ■ 
baiket. 


FlaoatrBO,  frm  a  Boattn  baa-reUeC    (OinBtl) 

The  wheela  ordinarily  had  no  apokca  (Man  tmt 
radialae,  Prob.  oif  Verg.  Otorg.  \.  165),  bat  were 
Bolid,  of  the  kind  called  tympana  or  "drama," 
nearljr  a  foot  in  thickneu,  and  made  either  bj 
aawing  them  whole  from  the  trunk  of  a  tree  or 
by  nailing  together  boarda  ofthe  requiaite  thapea 
and  aiie.  Theae  wheels  were  fastened  to  the 
aile,  which  moved  within  wooden  riags  (flrt^tcu- 
lae,  ofUtf^aSet)  attached  to  the  nnder-side  oT  the 
platform  (Vitruv,  i.  SO,  14;  Varro,  B.  £.  iiL  5; 
Verg.  Oeorg,  \L  444>  Altbough  tfaeae  wfaeeta 
were  excellent  for  the  preaervatiDn  of  the  roada, 
they  turned  with  a  long  circuit,  and  advanced 
ilowly  and  with  a  creaking  aound  {liridcntia, 
ijemmtia,  Vtig.  Gearg.  iii.  538,  Aat.  li.  138). 
They  were  drawn  uaually  by  oien,  but  lome- 
timea  by  mnlea  (Opinan.  Sal.  v.  30).  They 
could,  of  coune,  npon  a  neceaaity,  be  used  for 
tranaporting  people  as  well  aa  goods,  but  we 
are  not  to  conclude  fVom  Ut.  t.  40,  that  it  wa* 
constructed  for  that  purpose,  nor  (as  Oinirot 
doea)  that  the  planatrum  there  mentioned  dif- 
fered from  the  ordinary  kind.  The  plamtnm 
majia,  or  fonr-wheeled  waggon,  had  sometimes 
solid  wheals,  aometimea  apoked  wheela,  and  some- 
times alao  a  body  of  open-work  rails  (poJoe),  aa 
ahown  in  the  cnt  under  Ahpiiosa,  npresenling 
part  of  a  plauatmm  majus  carrying  wine-akins. 

The  Qreck  lfui{a  corresponded   both  to  the 


434 


PLEBEII  LUDI 


PLEBE8 


plaustram  and  the  plaustrum  majat.  The  four- 
wheeled  Eua^a  ia  mentioned  in  Od.  ix.  241 ; 
Herod.  L  188 :  but  the  word  also  waa  lued  to 
ezpreas  a  vehicle  to  convey  people  (Herod,  i.  31, 
&C.).  [Habmamaxa.]  Probably  it  had  nsuallj 
four  wheels,  differing  little  from  the  &ir^n| 
[Apene],  used  for  travelling  (e.g,  Diog.  Laert^ 
viii.  73),  for  the  use  of  the  bnde  in  weddings 
(Poll.  z.  33,  &c.\  in  processions  [Diomtsia, 
Vol.  I.  p.  639].  Baumeister  (Denkm,  Taf.  xc) 
shows  boat-shaped  ifut^ai,  which  he  conceives  to 
have  been  used  at  some  time  in  processions. 
(Ginzrot,  Wagen,  i.  166,  228 ;  Guhl  and  Koner, 
277 ;  Marquardt,  Privatleben,  732 ;  Becker-G5ll, 
CharikUs^  ii.  16.)  [J.  Y.]    [G.  E.  M.] 

PLEBE'II  LUDL    [Ludi  Plebeil] 
PLEBES    or    PLEBS,  PLEBE'II.      The 
word  pU^  is  formed  from  the  same  root  as 

I  appears  in  compleo,  impleo,  plenus.  wKijBos,  &c.  It 
properly  signifies  '*  the  multitude,''  **  the  com- 
mon people,"  as  opposed  to  any  eminent  or 
privileged  classes.  This,  its  natural  sense,  was 
to  a  certain  extent  obscured  (as  in  the  case  of 
our  own  "  Commons  '*)  by  the  circumstance  that 
many  of  the  noblest  and  most  powerful  men  in 
Rome  belonged  to  the  plebeian  order,  in  its 
tegliDical  sense_of  non-patrician :  this  order  was 
indeed  in  lal;er  days  the  Whole  state  less  two  or 
three  score  of  families.  Nevertheless  the  natural 
sense  of  the  word  survives,  as  when  Livy  says 
(zzxiz.  17,  6)  that  certain  of  the  Bacchanalian 
ringleaders  were  *'  ez  plebe  Romana,"  or  when 
Cicero  speaks  of  Verres  as  '*  solitus  virgis  plebem 
Romanam  concidere  **  (in  Verr,  i.  47, 122).  Under 
the  Empire,  after  the  functions  of  the  plebs  as  a 
political  corporation  had  fallen  into  disuse,  the 
word  was  used  very  nearly  in  its  etymological 
sense  of  the  poorer  citizens  who  were  qualified 
to  receive  corn  largesses  {pMa  frumentarid)^  as 
when  Augustus  is  said  by  Tacitus  {Ann.  i.  8)  to 
have  bequeathed  money  *'  populo  et  plebi  "  (i> . 
partly  to  the  state-chest,  partly  to  the  needy 
citizens);  and  again  more  generally  of  the 
common  people  in  distinction  from  senators  and 
knights,  as  when  Pliny  (H*.  N,  zzziii.  §  29)  says, 
'*anuli  distinzere  alterum  ordinem  a  plebe," 
and  Horace  {Ep,  i.  1,  57),  **  Si  quadringentis  sez 
septem  millia  desunt,  Plebs  eris." 

The  origin  of   such   a    multitude    of   non- 
privileged    citizens    at    Rome    is    wrapped   in 

'  obscurity.    Our  ancient  authorities,  on  the  one 
hand,  give  us  a  plebs  as  coeval  with  Romulus, 

/  and,  on  the  other  hand,  represent  it  as  consisting 
wholly  of  the  clients  of  the  patricians.  Now 
the  term  pMfs  implies  citizens,  but  citizens 
ezcloded  from  a  privileged  class.  It  is  therefore 
not  applicable  to  the  days  when  the  word 
patrichu  actually  meant  what  it  says,  and*  a 
patricius  alone  was  capable  of  becoming  a  pater- 
familias. In  those  days  the  patricius  was  the 
only  citizen,  because  he  alone  could  ezercise  the 
rights  of  a  father  over  his  legitimate  child,  or 
of  a  master  over  his  property,  and  he  alone  was 
recognised  as  having  a  standing  in  the  Roman 
law-courts.  The  client  while  he  remains  in  his 
original  position,  though  he  may  be  protected  by 
religion  or  custom  from  the  actual  treatment  of 
a  slave,  is  not  really  a  free  man,  but  rather  to 
be  assimilated  to  those  informally  emancipated 
persons  who  in  later  times  were  said  ''domini 
voluntate  in  libertate  morari,  et  tantum  metu 
serviendi    liberiri "    (from    the    "Conaultatio 


veteris  Jurisconsulti,"  quoted  by  Ortolan,  Intt, 
Jtut.  ii.  §  55). 

The  subsequent  process  it  best  described  in 
the   words  of  Mommsen  {Siaatsr,  iiL  p.  66): 
"  Out  of  a  condition  destitute  of  righU  there 
was  developed  a  capacity  for  rights,  a  guaranteed 
freedom,  which  was  recogniied  by  the  state  and 
its  couits,  ordinarily  with  the  co-operation  of 
the  patron,  but  which  in  the  Last  nwrt  was 
enforced  even  against  him.    It  was  a  legal  status 
which,  though  at  every  given  moment  definite, 
seems  as  we  look  back  on  it  coatinually  in  flax. 
Even  though  we  had  fuller  knowledge  of  it,  we 
could  only  characterise  it  as  wavering  between 
two  eztremes,  so  that  the  element  of  serritude, ' 
the  clientshlp,  is  always  waning ;  that  of  free- 1 
dom,  the  plebeiate,  always  increasing ;  until  the  \ 
process  ends  with  the  conversion  of  the  half-fre«  \ 
into,  the  full  freeman."    If  we  reckon  up  all  the  ' 
legal   capacities    which    the  freeman  possesses 
while  they  are  denied  to  the  alave,  the  acquisi- 
tion of  each  will  serve  to  mark  a  possible  stage 
in  this  development.    The  freeman  lias  a  legal 
right  to   property,  whereas  the  slave  holds  a  ' 
peculium  merely  on  the  sufferance  of  his  lord. 
A  ooroUarylo  the  poesession  of  property  is  the 
power  to  alienate  it,  and  to  make  binding  con- 
tracts regarding  it.    The  next  step  is  a  recog- 
nised standing  in  the  law-courts,  the  power  to  ^ 
sue  and  be  sued  in  one's  own  person.  On  another 
line   we  have   the  power   to  contract  a  legal  | 
marriage;   from  this  would  follow  the  patria 
potestas  over  the  children  born  of  mch  a  mar- 
riage, and  from  thence  the  agnatic  relationship  and 
the  rights  of  succession  bound  up  with  it.    Next  \ 
comes  the  right  and  duty  of  aerring  in  the 
armies  of  the  state,  and  probably  in  dose  oon- 
nezion  with  this  the  right  to  rote  in  the  oomitis. 
Last  of  all  we  have  the  eligibility'  to  office.    It ! 
is  possible  that,  in  spite  of  the  hereditary  nature 
of  clientship,  these  rights  were  acquired  fint  of 
all  by  clients  who  had  been  bom  in  that  station, 
and  that  they  were  only  afterwards  claimed  hj 
those  who  had  been  themselves  released  from 
actual  slavery  or  who  had  placed  themselves  u 
homelesa  strangers  nnder  the  protection  of  a , 
citizen.     It  is  possible  likewise,  as  Mommsen 
suggests,  that  some  of  these  privileges  may 
have  been  exercised  fint  in  fact,  and  only  after- 
wards have  obtained  formal  recognition.   In  any 
case  it  is  difficult  to  draw  the  line,  and  to  lay 
down  that  here  a  man  ceases  to  be  a  client  and 
becomes  a  free  plebeian.    Perhaps  we  may  say, 
that  in  the  sphere  of  private  rights  the  most 
distinctive  characteristic  of  independence  is  the 
capacity  to  sue  and  be  sued  in  one's  own  person, 
and  that  of  public  rights  the  most  significant 
indication  of  citizenship  is  that  of  voting  ss  s 
member  of  the  sovereign  populus.    We  hare  no 
means  of  ascertaining  when  the  descendants  of 
the  clients  attained  to  the  first  of  these  priri- 
leges,  but  of  the  second  we  can  say  with  con- 
fidence that  it  was  assured  to  them  at  least  as 
early  as  the  era  known  by  the  name  of  Semos 
Tullitts,  when  the  Comitia  CenturiaU  with  its 
elaborate  grades  of  military  service  was  or- 
ganised.   The  arrangement  of  the  infantry,  at< 
least,  recognises  no  distinction  in  fighting  or  "^ 
voting  between  patridans,  plebeianv^ndcli^t^- 

Though  the  clienU  undoubtedly  won  th«ir 
wav  to  the  position  of  plebeians,  it  does  not 
follow  that  the  clienU  were  the  only  or  the 


PLEBE8 


FL£BES 


435 


most  iiDportaat  element  of  the  plebs.  We  find 
in  rery  earij  times  two  relationships  established 
amongst  the  kindred  commaniiies  of  Latium, 
the  jvs  oommercn  and  the  jus  exukmdL  The 
£nt  relates  to  the  priyileges  mutually  accorded 
to  the  citizens  of  the  contracting  states,  when 
trading  or  temporarily  sojourning  in  each  other's 
territory.  The  second  grants  the  right  of  per* 
manent  settlement  and  transfer  of  civic  alle- 
giance to  those  whe  wish  to  renounce  their  old 
state  and  to  migrate  to  a  new  home  (*'  solum 
T«rtere  exilii  causa '^.  The  legal  position  of 
juch  an  exul  after  his  transfer  of  domicile  is  a 
matter  of  dispute,  and  the  question  will  best  be 
coQadered  in  connexion  with  the  pririleges 
enjoyed  by  such  persons  before  their  migration. 
A  Praenestine,  while  he  remains  a  Praenestine, 
bas  the  full  right  of  commercium  with  Rome. 
This  right  is  explained  by  the  clause  in  the 
second  Treaty  of  Rome  with  Carthage  (Polyb. 
Ill  24, 12),  regarding  the  Romans  who  go  to 
trade  in  Sicily :  wdrra  kcU  woulrw  jcol  ir»A«iT« 
i(n  rol  rf  woXirv  l{e<rriy'  AaaOTots  9^  iral  6 
KofixiMtftot  iroiffrw  i¥  P16/117.  The  pririleged 
foreigner  then  has  the  same*  right  to  acquire 
property  and  the  same  standing  in  the  law- 
courts  as  a  citizen.  He  is  thus  in  a  different 
position  from  the  hosti$  in  the  old  sense  of  the 
word  (Varr.  L.  L.  y.  §  3),  **  peregrinus  qui  suis 
legibus  uteretur."  The  latter  has  a  status  only 
under  the  laws  of  his  own  country,  which  of 
course  are  not  enforceable  at  Rome  (see,  how- 
«Ter,  the  contrary  view  in  Mommsen,  Bdm, 
Ponch,  I,  p.  349):  he  is  incapable  of  using 
Bomaa  law,  and  if  he  is  wronged  can  sue  only 
in  the  name  of  some  citizen.  He  must  secure 
this  representation  either  by  entering  into  an 
eqna]  contract  of  hoctpitality  with  a  Roman,  in 
case  he  can  promise  him  in  turn  similar  assist- 
KBoe  in  his  own  home,  or  else  by  subjecting 
himself  to  the  protection  of  the  Roman,  if  he 
he  a  homeless  outcast  (see  Mommsen,  £ifm, 
f(^^ck,  i.  p.  357).  From  any  such  necessities 
the  pririleged  foreigner  who  has  an  independent 
standing  in  the  Roman  law-courts  is  free.  Now 
jet  ns  suppose  that  our  Praenestine  by  virtue  of 
^^  jtt*  commercii  has  acquired  land  in  Roman 
territory,  which  he  can  hold,  alienate  by  Roman 
methods,  and  defend  in  his  own  person  in  a 
l^vsnit.  Suppose  next  that  the  Praenestine 
afterwards  finds  it  convenient  to  exercise  his 
ja*  exviandi,  to  renounce  his  connexion  with 
PnieiMste,  and  to  settle  in  Rome.  Are  we  to 
^Uere  that  he  thereby  forfeits  all  his  previous 
^Z^U7  Mommsen  answers  the  question  in  the 
affirmative  {Staattr.  iii.  p.  58).  The  rights,  he 
<»ntends,  belonged  to  the  man  as  a  guest  of  the 
«^>mmTinity,  and  "a  domiciled  gnest  is  an  ab- 
*unlity."  What  the  ;t«  exulandi,  he  argues 
^^^0^  (p.  50,  n.  1),  guarantees  to  the  fugitive  is 
Bct  the  foil  citizenship,  but  protection.  This 
mr  he  true  in  the  sense  that  political  as  distinct 
^nm  private  rights  would  not  necessarily  accrue 
^  the  exul;  but  it  seems  difficult  to  uphold 
*wt  the  granting  of  protection  consisted  in  the 
^^thdrtwal  of  the  privileges  which  he  had  pre- 
'  ^^-wly  pouessed.    Mommsen  holds  (•&.  p.  64) 

'-^i  every  such  exHl  would  be  obliged  to  put 

I  ^u&self  under  the  protection  of  a  Roman  citizen 

*•  ^  dieat.    He  defends  this  view  (*.  p.  57) 

T  ^«  well-known  passage  from  Cicero,  de  Or. 

*•  ^%  177 :  **  quid  quod  item  in  centumvirali 


jndicio  certetum  esse  accepimus,  qui  Romam  in 
ezilium  venisset,  cui  Romae  exulare  jus  esset,  «i 
se  ad  aliquem  quasi  patronum  applicavisset, 
intestatoque  esset  mortuus  ....  nonne  in  ea 
causa  jus  applicationis,"  &c.  Now  this  passage 
shows  that  apj^icatio  was  possible  for  an  exut, 
not  that  it  was  obligatory.  ''Si  se  applica- 
Tlsset "  is  put  parallel  to  the  death  without  a 
will,  as  something  which  might,  not  which  must 
occur,  and  the  phrase  **  quasi-patronum  "  seems 
te  indicate  something  irregular  in  the  transac- 
tion. It  is  probable  that  the  legal  controversy 
in  this  case  turned  on  the  inconsistency  between 
exUium  and  applkaHo^  and  that  it  was  this 
which  made  the  patron's  claim  to  the  inherit- 
ance doubtful.  As  the  deceased  had  the  jus 
exulancUf  which  guaranteed  him  the  righte  of  a 
freeman  in  Rome,  was  not  his  act  in  placing 
himself  in  the  quasi-servile  position  of  a  client 
void  06  initio  f  or,  on  the  other  hand,  was  his 
voluntary  applicatio  to  be  taken  as  a  valid 
renunciation  of  his  rights  as  an  exul?  Cicero 
does  not  inform  us  what  was  the  answer. 

If  Mommsen's  view  be  correct,   the  extiles  ^ 
would  merely  swell  the  numbers  of  the  clients :  . 
if  the  opposite  theory  be  maintained,  we  have  j 
here  an  independent  and  more' honourable  source 
for  the  plebs.     While  the  mass  of  fugitives  who 
come  from  whence  no  man  knew,  would  arrive" 
in  Rome  without  rights,  and  could   gain  pro- 
tection  only  by  subjecting   themselves    to    a 
citizen,  those  who  were  openly  exercising  the 
jus  exuiandiy  secured  te  them  by  the  common 
law  of  Latium,  would  be  under  no  such  neces- 
sity.    They  might  set   up  at  once  as  patres- 
familias   on   their  own  account,  and  we  must 
consider  them  as  from  the  first  citizens,  though 
citizens  of  an  inferior  order.     It  is  obvious  that 
the  existence  of  such  a  class,  distinct  from  and 
yet  personally  independent  of  the  ruling  citizens, 
would  render  more  easy  the   acquisition  of  a 
similar  stetus  by  the  clients  of  the  latter. 

The  same  question  occurs  with  regard  to  the 
people  of  conquered  towns  deported  to  Rome. 
One  of  the  best  attested  facte  of  the  Regal 
period  is  the  destruction  of  Alba  and  the 
transfer  of  its  inhabitante  to  Kome.  Mommsen 
believes  (JSUxatsr.  iii.  pp.  57  and  67)  that  in 
such  cases  the  new  comers  would  necessarily 
undergo  an  applicatio  to  some  Roman  citizen 
of  their  choice.  This  seems  hardly  probable. 
The  existence  of  such  familiea  as  that  of  the 
Julii  shows  that  some  Albans  were,  as  Livy 
(i.  28,  7)  says,  admitted  to  the  patriciate,  and  it 
is  difficult  to  believe  that  the  civitas  which  he 
ascribes  te  the  rest  was  nothing  more  than  the 
choice  of  a  master. 

Cfosely  connected  with  the  question,  whether 
the  original  plebeians  were  all  clients,  is  the 
question  whether  a  plebeian  can  be  a  gentilis. 
According  te  Scaevola's  definition  (Cic.  Top, 
6,  29),  the  descendant  of  a  slave  (or  client), 
though  he  may  belong  to  a  gens  and  so  have 
gentiles,  can  never  himself  be  a  gentilis :  he  is 
excluded  by  the  clause  ^  quorum  majorum  nemo 
servitutem  serviret "  (see  Ortelan,  Inst,  Just, 
iii.  §  1038).  But  Scaevola's  definition  says 
nothing  about  the  patriciate  as  a  qualification 
for  gentilitas.  Many  of  the  later  plebeian 
families  could  trace  a  descent  in  which  there 
was  no  teint  of  servile  blood.  Marius  could 
never  (according  U>  the  definition)  attain  to 

2  F  2 


436 


PLEBES 


PLEBES 


gentilitasi,  because  his  family  had  been  clients  of 
the  Herennii  (Plut.  MariuSy  5) ;  but  there  is  no 
reason  why  Cicero  (who  claimed  to  spring  from 
a  Volscian  royal  family)  should  not  have  been  a 
gentills.  We  hare  the  undoubted  cases  of  the 
plebeian  Minucii,  who  had  a  right  to  gentile 
inheritances  (Cic.  in  Verr,  i.  45,  115),  and  of 
the  plebeian  Popillii,  who  supplied  the  leading 
case  (Cic.  de  Leg.  ii.  22, 55)  in  the  law  of  gentile 
sepulchre.  There  seems  no  reason  to  follow 
Mommsen  (^Staatsr,  iii.  pp.  66  and  74)  in  ascrib- 
ing only  a  quasi-gentilitas  to  these  plebeian 
houses,  and  in  asserting  that  they  had  only  a 
stir]^  and  not  a  real  gens  of  their  own.  If  the 
view  maintained  above  as  to  exilium  be  correct, 
the  descendants  of  the  first  exvl  would  satisfy 
every  point  of  Scaerola's  definition.  They 
would  therefore  have  a  gens  of  their  own ;  and 
if  their  house  ever  came  in  turn  to  have  its  own 
freedmen  and  clients,  its  pure-bom  members 
would  be  gentiles  to  the  descendants  of  these, 
and  have  rights  of  succession  and  guardianship 
over  them.  The  same  would  be  the  case  with 
those  patricians  who  had  renounced  their  birth- 
right and  had  been  admitted  as  members  of  the 
plebeian  order  (see  below).  When  Livy  (x.  8,  9) 
makes  Decius  Mus  say,  "Semper  ista  audita 
sunt  eadem  ....  von  solos  gentem  habere,"  he  is 
not  to  be  taken  as  admitting  the  claim,  but 
rather  as  illustrating  the  insolence  of  the 
patridans,  who  spoke  as  if  all  the  plebeians 
were  their  clients  and  ignored  the  more  respect- 
able origin  which  belonged  to  many  of  them. 
The  famous  lawsuit  mentioned  in  Cicero,  de  Or. 
i.  39, 176, "  Quum  Marcelli  ab  liberti  filio  stirpe, 
Claudii  patricii  ejusdem  hominis  hereditatem 
gente  ad  se  rediisse  dicerent,"  illustrates  an 
exception  which  proves  the  rule.  When  there 
was  a  patrician  and  a  plebeian  family  of  the 
same  name,  it  seems  to  have  been  the  legal 
presumption  that  the  latter  had  once  been  the 
clients  of  the  former.  The  Claudii  Marcelli  had 
of  course  long  ago  extinguished  their  clientship 
by  attaining  to  curule  office  (Plut.  Jfon'tw,  5), 
but  the  original  taint  in  their  blood  precluded 
the  possibility  of  their  ever  being  gentiles.  It 
is  obvious  from  Cicero's  statement  that  the 
!Marcelli  lodged  no  claim  to  succeed  patnmaius 
jure,  as  they  would  undoubtedly  have  done  had 
the  deceased  been  their  freedman.  The  right  of 
the  patron  to  inherit  extended  in  the  later 
Republic  only  over  the  actual  freedman  or 
applicant,  not  over  his  descendants  ^see  Ortolan, 
op.  cit,  iii.  §  1045).  The  inheritance  of  the  son 
of  a  freedman  would  therefore  be  determined  by 
the  iegiiima  snooesmo  of  the  Twelve  Tables,,  which 
provided,  "  si  agnatus  nee  sit  gentiles  familiam 
nabento."  The  patrician  Claudii  were  clearly 
the  only  persons  who  could  claim  gente,  but  the 
Marcelli  seem  to  have  maintained  that,  when 
they  attained  to  independence  of  their  patrician 
namesakes,  they  founded  a  atirpa  which  had 
rights  of  inheritance  similar  to  those  of  the  gens 
over  the  descendants  of  their  own  clients.  It  is 
not  known  whether  the  patricians  in  this  case 
made  good  their  claim ;  but  even  if  they  did,  it 
would  prove  nothing  against  the  gentilitas  of 
plebeians  in  whose  case  no  ancestral  clientship 
could  be  established. 

It  was  probably  owing  to  the  admixture  of 
servile  blood  in  their  older,  that  the  plebeians 
were  so  long  debarred  from  the  right  of  inter- 


marriage with  the  patricians.  The  prohibition 
of  conubium  is  first  mentioned  as  part  of  the 
law  of  the  Twelve  Tables ;  but  there  can  be  no 
doubt  that  this  law  only  formulated  and  cod- 
firmed  a  more  ancient  disqualification.  Marrisg<' 
between  the  orders  was  soon  afterwards  legalifled 
by  the  Lex  Canuleia  of  B.C.  445. 

The  struggle  of  the  plebeians  for  admission  to 
the  magistracies  of  the  Roman  People  occupies  a 
large  portion  of  the  internal  historr  for  thfr 
first  two  centuries  of  the  Republic  The  qaae>- 
torship  was  held  for  the  first  time  by  a  plebeisa 
in  B.C.  409,  the  consulship  in  B.a  366,  the 
dictatorship  in  B.C.  356,  the  censorship  in  B.C. 
351,  and  the  praetorship  in  B.C.  337.  The 
priestly  colleges  were  not  opened  to  plebeians 
till  B.O.  300.  From  that  time  onwards,  thou^^h 
certain  disqualifications  survived  on  the  od»: 
side  and  on  the  other  [see  PATBicn],  the 
members  of  the  two  oixiers  were  on  a  footing  of 
practical  equality,  and  the  distinction  between 
them  remained  only  as  an  historical  reminiscence 
with  the  smallest  possible  effect  upon  practical 
politics. 

But  in  the  meantime  the  plebeians  had 
formed  themselves  (on  their  secession  to  the 
Mons  Sacer  in  B.a  494)  into  an  exclusive  order, 
with  magistrates  and  assemblies  and  powers  of 
corporate  action  of  their  own.  From  that  time 
to  the  end  of  the  Republic  pleffs  generally  means 
not  so  much  the  vague  and  lowly  multitude  as 
this  clearly  defin^  body,  which  comprised 
families  as  honourable  and  powerful,  though  not 
as  ancient,  as  those  of  the  pur^t  patrician  stock. 
The  constitution  and  political  powers  of  thv 
plebs  in  its  corporate  capacity  will  be  more 
conveniently  discussed  in  the  articles  Plebi- 
sciTUM  and  Pofulus.  Here  it  will  be  sufficient 
to  say  a  few  words  on  the  qualifications  for 
membership. 

Every  Roman  who  was  not  a  patrician  be- 
longed to  this  order,  so  that,  unlike  the  patri- 
ciate, the  plebeiate  was  constantly  being  re- 
cruited. All  newly-made  citizens,  whether 
they  had  formerly  been  slaves  or  foreigners, 
passed  at  once  and  without  any  special  act  of 
admission  into  this  body.  A  person  bom  a 
patrician  became  a  plebeian  if  he  underwent  the 
«  minima  capitis  deminutfo  "  by  being  dismissed 
from  his  ancestral  house  by  emandpatio.  The 
same  result  would  of  course  occur  if  he  became 
by  adoption  the  son  of  a  plebeian.  But  besides 
these  indirect  methods  of  transfer,  the  plebeians 
had  (unlike  the  patricians)  a  corporate  assemblr 
of  their  own,  and  so  were  able  to  admit  new 
members  by  their  own  act.  This  is  the  procei^» 
properly  called  *'  transitio  ad  plebem,"  by  which 
a  patrician  renounces  his  old  order  and  sues  for 
admission  to  a  new  one.  It  is  best  describeti  hf 
Zonaras  (vii.  15),  ci  8e  rts  rh  rov  yivwt  i^Ufta^ 
i^ttfi6<raro  Ktd  vpbt  r^r  fov  irKi$ovs  furieni 
vifutriy,    i<rii4tfws     avrhp    w^ocMx^^re.     xtX 

€iy4¥uw  fpctri  rov  ^^ta  itnmfirirai  iced  &Hfii^ 
XV^oM.  JU  far  as  can  be  gathered  from  the 
somewhat  >obscure  notices,  Clodius  at  fint 
attempted  to  become  a  plebeian  in  this  way: 
but  finding  opposition  too  powerful,  he  after- 
wards effected  his  object  bv  thr  machinery  ot 
adoption.  Some  genealogi  '  •  •  t  the  time  cf 
Augustus  invented  for  the  ^  tUian  Octavii  a 
history  of  this  sort,  which  thf  ^rmperor  himself 


PLEBISCrrUM 


PLEBISCITXJM 


437 


was  sensible  enough  to  ignore ;  see  Snet.  Aug.  2 : 
**  £a  gens  a  Tarquinio  Prisco  rege  inter  minores 
{{[entis  adlecta  in  senatum,  moz  a  Serrio  Tollio 
in  petridss  tradacta,  procedente  tempore  ad 
plebem  se  contnlit." 

(The  best  modem  anthorities  on  the  points 
discnssed  in  this  article  are  Mommsen,  EHmiache 
Fonchuitaen,  vol.  L,  and  Staatsrechtf  toI.  iii. ; 
lod  OrtolaDf  £jeplioatio»  historique  des  InstiitUa 
de  PEmpertur  JtuHnien,  The  principal  refer- 
ences hare  been  giren  pcatm,')       [J.  L.  S.  D.'J 

PLEBlSCrTUM  is  the  name  for  the  decrees 
passed  bj  the  corporation  of  the  plebs  in  answer 
to  the  roffatio  of  one  of  their  own  magistrates. 
Wlien  in  later  times  these  decrees  acquired  the 
force  of  law,  the  term  iex  was  likewise  applied 
to  them :  so  we  hare  repeatedly  in  the  Agrarian 
Law  of  B.a  111  (C.  /.  L,  i.  p.  175),  <<ez  lege 
plebire  sctto  quod  C.  ^mpronius  Ti.  f.  tr.  pi. 
rog."  But,  though  sanctioned  by  official  usage, 
this  identi6cmtion  was  always  recognised  as  not 
strictly  correct :  '*  ne  leges  quidem  proprie  sed 
plebiscita  appellantnr,  quae  tribunis  plebis  feren- 
tibns  acoepta  sunt "  (Laelius  Felix  in  Aul.  Qell. 
XT.  27> 

The   plebs    as  a  self-goTemingi  corp6ration 

asserted  from  the  first  the  power  ^  pass  decrees 

binding  on  all  its  n^embers :  ^'  evenit  ut  plebs  in 

discordiam  cum  patribus  perveniret  et  secederet 

sibiqne  jura  constitueret,  quae  jura  plebiscita 

Tocantur  '^  (Pomponins  in  Dig.  1,  2,  2,  8).    The 

most  important  t>f  these  were  the  leges  scu^ratae 

bj  which  tbft  plebeians  affirmed  tBe>  sacrosanc- 

tUa»  of  their  officers,  and  bound  themselves 

erery   man  to  avenge  instantly  any  outrage 

directed  against  them.     Another  clause  of  the 

tiame  shows  that  the  plebeians   claimed  from 

the  first  a  reco^ition  from  the  whole  state  that 

obedience    to    these    rules  must   override  the 

ordioary  course  of  law:  *^am  lege  tribunicia 

prima  caretur  '  Si  quia  eum  qui  eo  plebiscito 

Ascer  sit,  occiderit,  parricida  ne  sit.' "    (Festas, 

p.  318,  s.  T.  Sacer,)      These   ordinances  were 

held  to  have  binding  force  down  to  the  last  days 

of  the  Republic,  for  Cicero  {post  Bed.  in  Sen.  13, 

33)  complains  that  Clodius  and  he  were  not 

nghting  on  equal  terms:    ^' tribuniciiqne  san- 

^uiais   ultores   esse    praesentes,    meae    mortis 

poenas  judicio  et  pesteritati   reserrari."     The 

plebeians  also  claimed  to  be  judges  in  their  own 

•{uanels  and   to  direct  the  rengeance  of  their 

order  against  its  enemies.    The  story  of  Corio- 

lanos  represents  the  tribunes  as  attempting  at 

Hrst  to  try  him  for  his  life  before  the  plebeian 

assembly,  and  there  are  several  instances  later 

')Q  where  consuls  who  have  opposed  its  interests 

are  fined  by  the  plebs  after  they  go  out  of  office 

(Lit.  ii.  52,  54,  61 ;  v.  12).     All  such  matters 

may  be  held  to  come   within   the  somewhat 

«la&tic  category  of  self-regarding  acts,  and  in 

the  earliest  times  the  plebs  seems  not  to  have 

gone  beypnd  this,  and  never  to  have  claimed  the 

ri^ht  to  legislate   in  matters  relating  to  the 

whole  nation. 

The  hutory  of  the  later  Roman  republic  pre- 
sents us  with  a  widely  different  picture.  We 
^od  that  by  the  time  of  the  Punic  wars  the 
whole  power*  of  sovereignty  has  been  delegated 
to  the  plebeian  assembly.  Side  by  side  with  the 
^Id  sovereign,  the  populus,  a  new  sovereign,  the 

plebs,  exercises  in  its  exclusive  concilium,  under 

(t^  own  magistrates  and  with  its  own  forms  of 


procedure,  precisely  the  same  powers  of  legisla- 
tion as  the  first :  **  et  ite  factum  est  ut  inter 
plebiscita  et  legem  species  constituendi  inter- 
esset,  )>otestas  autem  eadem  esset "  (Pomponius, 
•6.).  AH  the  legal  writers,  our  best  authorities 
on  such  a  point,  ascribe  the  delegation  of  these 
enormous  powers  to  a  la«^  of  the  dictator  Hor- 
tensius,  B.C.  287,  *'pro  legibus  placuit  et  ea 
observari  lege  Hortensia  **  (Pomponius,  t&.),  and 
"lex  Hortensia  lata  est,  qua  cautum  est  ut 
plebiscita  universum  populum  teneret,  itaque 
eo  modo  legibus  exaequatu  sunt "  (Gains,  Inst, 
i.  3). 

The  difficulty  is  that  Livy  gives  us,  beside  the 
Hortensian  law,  two  previous  enactments  to 
precisely  the  same  effect,  ^  ut  plebiscita  omnes 
Quirites  tenercnt,'*  or  ^*  ut  quod  tributim  plebs 
jussisset  populum  teneret  *'  (Liv.  iii.  55,  viii.  12). 
These  are  attributed  to  the  consuls  Valerius  and 
Horatins,  B.C.  449,  and  to  the  dictator  Publilius 
Philo,  B.C.  339. 

Mommsen  {Sdm,  Forsck.  vol.  i.  p.  211)  has 
sufficiently  disposed  of  the  theory  that  the 
decrees  of  the  plebs  were  equal  to  those  of  the 
populus  from  the  consulship  of  Valerius  and 
Horatins  onwards,  and  that  the  Lex  Publilia  and 
the  Lex  Hortensia  were  mere  re-enactments  of 
the  ordinance  of  B.a  449.  Mommsen's  own 
conjecture  is  that  the  laws  of  B.C.  449  and  of 
B.C.  339  should  be  struck  out  of  the  history  ot 
plebiscita  altogether :  he  thinks  that  they  really 
referred  to  the  *'comitia  populi  tributa,"  and 
were  applied  to  the  plebs  by  a  mere  blunder  of 
livy  [see  Comitia].  This  hypothesis  seems  very 
hazaxSous.  Such  a  blunder  on  Livy's  part  is 
'not  indeed  impossible,  but  there  is  not  a  particle 
/of  evidence  that  he  was  actually  guilty  of  it. 

Apart  from  the  respect  due  to  the  ancient 
authority,  we  should  expect  from  the  nature  of 
the  case  to  find  successive  enactments  on  this 
subject,  and  to  see  some  share  in  legislation  for 
the  community  allowed  to  the  plebs  under 
checks  and  conditions,  before  it  attained  the 
unlimited  power  conferred  by  the  Lex  Hortensia. 
This  opinion  is  confirmed  by  a  glance  at  the 
history.  We  find  numerous  laws  called  by  the 
names  of  the  tribunes  who  proposed  them 
(which  they  could  only  do  of  course  in  a  ple- 
beian assembly)  which  nevertheless  relate  to 
matters  obviously  of  national  concern.  Such, 
to  take  a  single  instance,  was  the  proposal  to 
remove  the  habitation  of  the  Roman  people  to 
Veil.  Most  of  these  laws  fall  in  the  century 
between  the  Valerio-Horatian  and  the  Publilian 
Law  (B.C.  449-339) ;  but  two— the  Terentilian 
proposal  de  legibus  conscribendis,  which  led  to 
the  codifying  of  the  Roman  law  in  the  Twelve 
Tables,  and  the  ^x  Icilia  de  Aventino  puhlicando 
— ^are  previous  to  the  earliest  of  our  three 
epochs.  The  protracted  contests  over  these  laws 
seem,  however,  to  point  to  some  power  possessed 
by  the  patricians  of  checking  and  limiting  the 
force  of  the  decrees  which  originated  with  the 
tribunes. 

The  "answer  to  the  riddle"  is  to  be  found, 
according  to  Mommsen  {Rdm.  Forsch.  i.  211),  in 
the  words  in  which  Appian  describes  Sulla's  law 
about  the  powers  of  the  tribunes  {Bell.  Cie.  i. 
59) :  «i<n}7oOrro  fiiiikv  Ifn  iwpofio^KMVTw  is  rhtf 
S^fioy  ia!^pta9aif  9wofiiffii4vo¥  fi^¥  oSru  koX 
w^8u  wapa\t\vfi4woy  V  iie  woWov.  He  takes 
this  to  mean  that,  in  forbidding  for  the  future 


488 


PLBBiSOITDM 


PLEBIBCrrUM 


any  meanires  to  be  brought  before  the  plebs 
vrithout  consent  of  the  senate,  Sulla  revived  a 
definite  law  which  had  existed  in  early  tiiiite ; 
that  is  to  say,  before  the  dictatorship  of  Hor- 
tensias.       *'It    is    probable/'    says    Mommsen 
{Staatsr,  iii.  p.  157),  ^that  (we  know  not  when, 
but  some  time  preWous   to     the    law  of   the 
Twelve  Tables)  it  was  enacted  by  a  decree  of 
the  populus  analogous  to  that  afterwards  car- 
ried by  Hortensius,  that  a  bill  brought  before 
the    plebs   with   the  assent   of   the  senate,   if 
accepted  by  the  former,  bonnd  the  whole  body 
of  the  citizens  just  as  if  the  populus  had  com- 
manded it  in  its  comitia."    This  view  is  accepted 
by  Soltau,  and  with    some    modifications    by 
Willems  and  Borgeaud.     It  seems,  however,  to 
rest  on  a  very  slight  foundation.    The  historical 
.  reference  in  the  passage  of  Appian  (vwoiMfffUvm* 
pukv  o8rc»  jcol  mUoi,  &c.)  applies  more  naturally, 
not  to  the  days  of  the  early  Republic,  but  to 
the  century  of  the  Punic  wars.     During  this 
period  the  senate  had  asserted,  not  by  positive 
enactments,  but  by  indirect  means,  a  customary 
and  constitutional  right  to  be  consulted  before 
any   magistrate   proposed   a  measure    for    the 
acceptance    of   the    popular    assemblies.      For 
generations  this  claim  was  enforced  by  means  of 
the  tribunician  veto ;  but  Sulla  had  been  taught 
by  the  record  of  Gracchus,  of  Saturninns,  and 
of  Sulpicius,  that  the  employment  of  the  veto 
was  an  insufficient  sanction.     It  had  repeatedly 
failed  to  guard  this  most  necessary  prerogative 
of  the  senate  against  the  attacks  of  a  popular 
tribune.     Sulla  therefore  naturally  wished  to 
establish  the  constitutional  claim  of  the  senate 
on  the  firmer  basis  of  definite  enactment.    Ap- 
pian's  reference  to  an  ancient  precedent  being 
thus  abundantly  justified  by  the  usage  of  which 
we  have  ample  independent  evidence,  it  seems 
wrong  to  invent  for  its  explanation  a  supposed 
legal   right  otherwise  unknown  to  us.      The 
silence  of  Cicero  in  the  psssage  of  the  de  Legihua 
(iii.  11,  26)  in  which  he  criticises  the  tribunician 
power,  is  a  strong  negative  argument  against 
the  existence  of  any  such  legal  right  of  the 
senate  over  plebiscita. 

Nor  does  the  assumption  of  the  modem  his- 
torians seem  to  be  necessary  in  order  to  explain 
the  historical  development  of  plebeian  legisla- 
tion. The  known  powers  of  the  sovereign 
populus,  of  its  officers  the  consuls,  and  of  their 
advisers  the  senate,  supply  sufficient  material 
for  a  probable  answer  to  the  question  how  the 
legislative  capacitv  of  the  plebs  may  have  been 
gradually  established. 

A  record  of  the  process  of  tribunician  legis- 
lation in  early  times  has  fortunately  Wn 
preserved  .to  us  in  a  single  case,  in  which 
Dionysius  has  followed  the  account  derived  by 
him  from  an  ancient  document.  The  case  is 
that  of  the  Lex  Icilia  de  Aventino  publicand^ 
(B.C.  456),  which  was  preserved  on  a  brazen 
column  in  the  temple  of  Diana  on  the  Aventine. 
*^Icilius,"  says  Dionysius  (x.  31),  <*  approached 
the  consuls  then  in  office  and  the  senate,  and 
requested  them  to  pass  the  preliminary  decree 
fur  the  law  that  he  proposed,  and  to  bring  it 
before  the  people."  By  threatening  to  arrest 
the  consuls  he  compelled  them  to  assemble  the 
senate,  and  Icilins  addressed  it  on  behalf  of  his 
bill.  Finally-  the  senate  consented;  iSo^e 
M6vai  T^  8^^  ^^>^  r690¥  (Dionys.  x.  82). 


Then,  after  auspices  and  sacrifices,  ''the  Isw 
was  passed  by  the  Comitia  Centuriata  which 
were  convened  by  the  consub."  VHiere,  then, 
does  the  vote  of  the  plebs  (Some  in  ?  It  is  not 
mentioned  by  Dionysius,  nor  is  there  any  place 
for  it  in  the  proceedings  after  IciUns  has  ap- 
proached the  consuls.  It  seems  to  follow  that 
it  must  be  placed  at  the  very  beginning  before 
the  detail  of  Dionysius'  story  begins.  Icilins 
must  have  been  armed  already  with  the  petition 
of  the  plebs  when  he  demanded  to  plead  their 
cause  before  the  senate. 

"  In  this  order  of  proceedings,  the  formal 
legislative  power  lies  solely  with  the  populus 
Romanus.  The  vote  of  the  corporation  of  the 
plebs  is  not  then  in  early  times  a  legislative  act 
at  all.  It  is  merely  a  strong  and  formal  petition, 
an  appeal  to  the  sovereign  assembly  to  grant 
their  reqtiest.  But  this  sovereign  asaemblv  can 
be  convened  and  the  question  put  to  it  omy  bj 
a  consul.  The  consul  may  refuse  to  put  anj 
such  bill  to  the  vote,  or  even  so  much  as  to 
entertain  the  question  as  an  open  one,  by  taking 
the  opinion  of  his  authorised  advisers,  the 
senate,  as  to  how  he  ought  to  act.  Thus  the 
consultation  of  the  senate,  not  as  a  legallj 
necessary  preliminary,  but  as  a  means  of  stimu- 
lating the  official  action  of  the  consul,  becomes 
a  point  on  which  the  reformers  are  bound  to 
insist ;  and  to  bring  it  about  the  tribunes  muit 
use  their  powers  of  compulnon  over  the  consal. 
After  the  matter  has  been  thus  forced  on  the 
consideration  of  the  senate,  an  adverse  vote  in 
that  body  would  of  course  justify  the  consuls  in 
their  resistance,  and  the  delay  might  be  pro- 
longed until  the  plebeians  were  reduced  to  their 
last  resort,  the  threat  of  seceaiiian.  In  practice 
the  senate  commonly  yields  before  this  criiis 
is  reached.  The  petition  of  the  plebs  is  backed 
by  the  recommendation  of  the  senate ;  and  the 
consuls,  though  under  no  legal  dbligation,  can- 
not, without  grave  responsibility,  now  refuse  to 
put  the  question  to  the  populus.  By  this  time 
the  controversy  has  been  long  ago  threshed  out 
All  the  powers  which  the  nobles  could  bring  to 
bear  against  the  carrying  of  the  proposal  in  a 
popular  assembly,  whether  by  tribunician  inter- 
cession, or  by  alarms  of  war,  or  by  violent 
interference,  or  by  their  own  influence  with  the 
voters  (Liv.  v.  30),  would  naturally  have  been 
exhausted  at  an  earlier  stage  of  the  proceeding 
while  the  proposal  was  still  before  the  plebeian 
assembly.  No  instance  is  recorded  of  the 
sovereign  populus  negativing  a  bill  so  brought 
before  it. 

The  chief  objection  to  our  accepting  this  as 
the  order  of  proceeding  is  that  Livy  seems  some- 
times (cf.  iv.  1,  6  with  6,  4)  to  represent  the 
conflict  over  the  tribunician  bills,  the  negotia- 
tions with  the  senate,  and  the  compromises 
frequently  arrived  at,  as  all  matters  which 
occurred  before  the  voting  of  the  plebs.  It 
may  be  replied  that  in  Liv.  r.  30  we  hare  a 
proposal,  which  had  certainly  not  received  the 
sanction  of  the  senate,  actually  brought  to  the 
vote  of  the  plebs  and  rejected  by  them;  in 
another  case  (iv.  49)  the  refusal  of  the  senate  to 
approve  a  measure  gains  effect  only  by  means  of 
the  inUrcessio  of  a  tribune.  It  may  also  be 
urged  that  Dionysius  repeatedly  speaks  of^^^^ 
efforts  made  to  induce  the  senate  wfiofiavXfvvai 
rhp  r6tiot^  (x.  26,  48,  52 ;  xi.  54,  59,  60)b  and 


PLEBISCITUM 

that  he  ca&Dot  be  understood  to  metin  that  soch 
a  Tfo6ovXcv/uK  was  to  be  followed  by  a  rote  in 
the  pleb^an  assembly,  because  he  has  clearly 
laid  down  (ix.  41)  that  no  wpo0o6\9VfJM  was 
necessary  for  that  assembly  as  organised  by 
PablilJiis  Volero  in  B.C.  471.  The  tmer  answer, 
bowerer,  probably  is  that  neither  Livy  nor 
DionTsinB  really  intend  to  commit  themselves 
at  all  definitely  regarding  the  legal  procedure. 
They  seem  rather  to  desire  to  reproduce  as  far 
as  possible  in  their  picture  of  these  early  con- 
tests a  copy  of  the  dissensions  between  optimates 
and  populares  which  rexed  the  later  Republic. 
This  tendency  may  hare  led  them  somewhat  to 
mix  up  the  order  of  events,  and  so  to  leave  it 
doubtful  whether  the  vote  of  the  plebs  was, 
or  was  not,  in  the  earlier  time  final  and  con* 
elusive.        *^ 

If  the  process  of  legislation  before  the  age  of 
the  decemvirs  were  really  such  as  has  been 
sketched  in  the  preceding  paragraphs,  it  is  not 
difficult  to  see  thai  it  might  be  assisted  by  a 
series  of  law*  which  rendered  one  or  other  of  its 
stages  more  easy.    Any  of  these  laws  might  be 
roughly  described  as  giving  legislative  power  to 
the  plebs.     What  precise  obstacles  were  removed 
by  each  law  can  only  be  oonjectnrally  deter- 
mined.    We  may  perhaps  say  that  the   mere 
right  of  petiticming  required  no  legal  sanction, 
and  that  the  powers  of   the  tribunate  were 
sufficient  (as  the  story  of  Icilius  makes  them)  to 
force  the  consuls   to  advise  with  the  senate 
about  the  petition.    Possibly  the  law  of  Valerius 
and  Horatius  formally  recognised  this  position, 
aad  laid  down  that  the  consul  must  so  consult 
the  senate,  or -it  may  even  have  forbidden  him 
arbitrarily  to  disregard  a  recommendation  of 
the  senate  (should  such  be  obtained)  that  he 
should  put  the  question  to  the  populus.    It  is  a 
rmonabl^  conjecture  likewise  that  the  law  of 
Poblilins  Philo  (B.C.  339)  may  have  struck  out 
the  intervening  consultation  of  the  senate,  and 
maj  have   required   the  consul   to   bring  the 
petition  of  the  plebs  at  once  before  the  populus. 
If  such  were  the  tenor  of  the  Publilian  law,  it 
would  be   only  a  very  slight    inaccuracy  to 
describe  it  as  conferring  legislative  power  on 
the  plebs.     The  majority  in  the  two  assemblies 
being    substantially    the     same     persons,    the 
reference  to  the    one    of   a  proposal   already 
aflirmed  by  the  other  would  be  little  more  than 
the  repetition  of  a  foregone  conclusion.    The 
Hortensian  law,  which  formally  transferred  the 
sovereign  power  to  the  plebs,  would  thus  be 
a  change  greater  de  jure  than  de  facto.    In 
formal  law  it  was  a  mighty  revolution.     It  was 
natural  and  even  necessary  that    the  jurists 
should  refer  to  this  law  as  the  source  of  the 
legislative  power  of  the  plebs.     On  the  other 
hand,  historians  and  politicians  might  with  equal 
Ra«on  refer  the  change  to  the  time  when  it 
practically  took   place — ^to  the  time,  that  b, 
when  a  vote  of  the  plebs  really  decided   the 
f&te  of  a  measure   beyond   the   possibility   of 
effective  appeal.      This   powe^   if  the   theory 
hew  put  forward  be  correct,  was  placed  within 
the  rsach  of  the  plebeians  by  the  law  of  Valerius 
and  Horatius,  and  was  fully  secured  to  them  by 
the  law  of  Publilins  Philo. 

(The  view  of  plebiscita  maintained  in  this 
article  is  more  fully  explained  m  the  English 
^*tMooU  SevieWf  Nos.  2  and  19.    The  question 


PLIJTEU8 


439 


is  fully  discussed  in  Mommsen*s  BGmiscke  For- 
achungen,  vol.  i.,  and  in  the  Staatsrecht,  vol.  iii. 
It  has  been  the  subject  of  special  treatises  by 
SolUu,  Q&tigheit  der  Fld>iscite,  and  by  Borgeaud, 
Bistoire  du  PUbimU.)  U.  L.  S.  D.] 

PLEOTBUM.    [Lyba.] 

PLEMCyCHOAE.  [Eleu8INia,  Vol.  I. 
p.  720J 

PLETHBON.    piENSURA,  p.  162.] 

PUNTHUSCwxTi^oj),  a  brick  or  tile  [Later], 
or  a  squared  stone  for  building ;  so  of  the  marble 
blocks  for  the  walls  of  the  Erechtheum  (C  /.  0. 
160,  1.  10).  The  word  is  especially  used  by 
Vitruvius  (also  piinthi$)  and  in  modem  archi- 
tectural works,  to  denote  the  square  block  that 
sometimes  forms  the  lower  member  of  the  base 
in  the  Ionic  and  Corinthian  orders.  In  the  best 
known  Attic  instances  of  the  Ionic  order  no 
plinth  exists.    See  Spira,  Coluxna.  [£.  A.  G.] 

PLUMAHII  were  understood  by  Becker 
(whom  Gtfll  now  corrects)  to  be  persdns  who 
made  stuffs  of  feather  embroidery,  presumably 
like  those  for  which  the  Aztecs  were  famous; 
but  Marquardt  has  shown  that  the  opusplttmatwn 
or  opus  plttmarium,  which  these  workers  made, 
was  embroidery  of  needlework  in  plain  stitch  as 
opposed  to  the  embroidery  of  the  Phrygionesy 
which  was  in  cross  stitch.  In  the  opus  piwnaium 
the  stitches  were  laid  lengthwise,  so  that  they 
seemed  to  overlap  one  another,  like  the  feathers 
in  the  plumage  of  a  bird :  it  might  therefore  be 
translated  ''feather-stitch  work  "  (Rock,  Textile 
FabncSy  116).  An  analogous  use  of  pluma 
appears  in  Verg.  Aen.  xi.  770,  of  the  lorica 
**  in  plvmam  squamis  auro  conserta."  The  idea  of 
Georges  {PMMoa.  xxxii.  530)  that  it  was  woven 
work  is  founded  on  certain  passages  where  the 
words  iexere,  textrina  are  used  loosely,  and  is 
disproved  by  an  edict  of  Diocletian  (xvi.  38), 
where  the  plumarius  works  at  stuffs  already 
woven,  obviously  embroidering  them  by  hand. 
The  work  is  mentioned  first  by  Varro  (ap.  Non. 
p.  162,  27):  it  was  often,  though  not  necessarily, 
in  gold  thread,  as  **  pars  auro  plumata  "  (Lucan, 
Phcurs.  z.  125;  cf.  Procop.  Just.  iii.  1,  p.  53). 
The  plumarii  (voiJciXr^f  %¥  \4yofU¥  wKovfidpiov^ 
Schol.  ad  Aeschin.  Tim,  §  97)  are  mentioned  in 
many  inscriptions  (C.  /.  Z.  vi.  9813,  kc),  (Mar- 
quardt, PrivatMen,  p.  538 ;  Bliimner,  Techno- 
iogie^  vol.  i.  p.  210;  Becker-GttU,  CharikUs, 
vol.  ii.  p.  338.)  [W.  S.]  .  [G.  E.  M.] 

PLUMBUM  ALBUM,  PLUMBUM  M- 
GBUM.    [Metallum,  p.  168  a.] 

PLUTEUS  signified  in  general  any  kind  of 
upright,  unroofed  protection  or  shelter,  and  was 
hence  used  in  the  following  special  significations. 
1.  A  fixed  breastwork,  whether  of  planking  or 
of  wicker  work,  and  sometimes  covered  with 
hides  to  prevent  it  from  catching  fire.  These 
breastworks,  manUetSf  or  blinds  were  used  to 
shelter  combatants  on  board  sA^(=irapapp^fiara), 
Caes.  Bell.  Civ.  iii.  24:  on  towers^  where  they 
sheltered  the  soldiers  in  the  various  tabuiata,  or 
stories,  the  battlements  or  shelter  on  the  top 
being,  strictly,  pinnae  (Caes.  B.  G,  vii.  25) :  on 
rcanpartSf  as  in  Caes.  B.  0,  vii.  41  and  72.  In 
the  latter  paraage  the  plutei  include  the  whole 
breastwork  of  loricae  and  pinnae  and  the  vallum 
behind  them,  the  whole  shelter  in  fact  placed  on 
the  agger,  and  the  commissurae  phUeorum  are 
the  points  where  this  work  of  wood  and  wattles 
rose  from  the  earthen  agger.     2.  A  movable 


440 


PLYNTEBIA. 


shelter  for  the  besiegers,  distingnished  from  the 
vmeae  and  mugcuii  by  being  unroofed  (Liv.  xxi. 
61,  xxxir.  17;  Fest.  s.  v.;  Ammian.  xxi.  11; 
laid.  Or.  xviii.  18).  It  is  particular! j  described 
in  Veget.  iv.  15,  as  being  semicircular  (in  the 
form  of  an  apse),  of  wicker  work  covereil  with 
hides,  and  with  three  wheels,  one  in  the  fore- 
part or  middle  of  the  curre,  and  two  at  the 
extremities :  it  was  thus  rolled  towards  the 
walls,  the  working  party  adrancing  under  its 
cover    (cf.    Marquardt,    StaaUverw,    ii.    530). 

3.  The  board  at  the  side  of  a  bed  [Lectus,  p.  18]. 

4.  Some  kind  of  shelf  for  holding  busts  and 
other  ornaments  (Jut.  ii.  7),  or  books  (Sidon. 
ApoU.  Ep,  ii.  9):  it  probably  had  a  high 
ledge  to  prevent  the  article  placed  there  from 
falUng  off,  and  so  gained  its  name.  Some 
refer  the  ^pluteum  caedit  **  of  Pers.  i.  106  to  a 
bookshelf  or  a  desk,  but  it  is  probably  merely 
the  ordinary  pluteas  of  the  reading  couch 
[Lectub^  p.  19j.  5.  A  low  wall  like  a  breast- 
work, closing  up  spaces  between  columns  (Vitruv. 
iv.  4).  rW.  S.]    [G.  E.M.] 

PLTNTETBIA  (wKwrhpia),  a  festival  cele- 
brated at  Athens  in  the  month  Thargelion,  in 
honour  of  Athena  (Phot.  s.  v,  Ka\XwrHipta :  Plut. 
Aldb.  34 ;  HarpocT.,  Suid.  s.  o.).     DoUwell  (de 
CycdSf  p.  349)  gives  tlie  22nd  of  the  month  as 
the  day :  A.  Mommsen,  with  more  probability, 
takes  the  Hitrif  ^yoirros  of  Plutarch  to  mean 
that  the  25th  was  the  great  day  of  a  festival 
which  lasted  several  days,  probably  from  the 
21st  to  the  25th,  as  the  20th  was  the  torch-race 
of  Bendis.    (He  conjectures  a  date  about  three 
weeks  earlier,  at  the  rising  of  the  Pleiads,  for 
the  prehistoric  Plynteria,  as  a  festival  for  the 
beginning  of  the  com  harvest:  Bleort,  p.  11.) 
The  festival,  traditionally  connected  with  the 
death  of  Agraulos,  who  had  durine  her  life 
performed    these  duties  for  the   goddess,  was 
really  a  rite  partly  of  purification,  partly  of 
expiation,  at  the  beginning  of  the  harvest,  to 
propitiate   the   favour    of   the    goddess.      The 
temple  (Erechtheum)  was  shut  off  by  a  rope 
(Poll.  viii.  141,  w9piarxoi¥l(rai)t  to  guard  it  from 
profane  entrance ;  the  sacred  image  of  Athena 
Polias  (rh  lra^JCuh¥  fip4ras  or  AyoA/AO,  rh  iipxfuw 
fSos,  Miiller,  Eum,  p.  171)  was  strippeid,  the 
vpa^t9pyt9ai  taking  off  the  helmet   and  spear 
(nesych.  s.  v.\  and  the  two  female  attendants 
called  KovTpl9u  or  vKuwtMms  (Phot.)  removing 
the  dress  (WirXos),  which  it  was  their  duty  to 
wash,  and  covering  over  the  statue  in  the  mean- 
time (cf.   Plut.   Alcib.  34,  where  the   vpa^u/h- 
7(801  have  the  general  direction  of  the  whole 
ceremony).     The  image  itself  was  bathed,^-«ome 
think  within  the   Erechtheum,  others   at   the 
fountain  of  Callirrhoe — ^but  against  this  we  have 
the  statements  of  Saidas  (s.  0.  t'o^io^vAAicft),  who 
says  that  the  nomophylaces  arranged  the  pro- 
cession 5rf  ieofti(oiTo  rh  ^6aP0¥  M  r^y  Bdkeunrav, 
of  Xenophon  {ffelL  i.  4,  12),  and  of  an  inscrip- 
tion {Ephem,  4098)  cited  by  Mommsen,  which 
gives  Phalerum  as  the  place.     The  statue  and 
the  clothes  were  taken  in  a  chariot  attended  by 
the  priests   and    priestesses    and    followed   by 
ephebi    and   the    general   crowd:    late   in   the 
evening  it  was  brought  back  by  torchlight.     In 
the    procession    strings    of   figs    were    carried 
(vakiBil    TTfi'nipia  or    irfuropia)^  which    may 
merely  symbolise  fruitfulness,  or  may,  as  Momm- 
sen thinks,  have  also  a  more  mystical  reference 


POENA 

to  an  ancient  sacrifice  of  maidens  to  Athena,  ss 
in  the  Thargelia  the  victims  were  garlanded 
with  figs.  The  pedestal  of  the  image  was 
washed  by  a  mrrarfvnff  {Etyvu  Mag,),  We 
hear  also  of  a  wkmrHipia  at  Paros  (C  /.  2265) ; 
and  we  may  compare  also  the  Argive  Kmnpk 
TlaWdJios  in  the  Inachus,  described  by  Callima- 
chns,  and  the  later  Roman  ceremony  of  the 
Megalesia.  The  day  of  the  procesnon  at  Athens 
was  one  of  the  iifiiptu  kwo^pdZts  (diet  ntfatti),  on 
which  no  legal  business  could  be  done,  as  though 
the  city  were  on  that  day  without  its  protectint; 
deity.  (A.  Mommsen,  Heart  436  f. ;  Preller,  Gr. 
Myth,  i.  166.)  [L.  S.]    [0.  E.  tf .] 

PNYX.     [EOCLESIA.] 

PCOULUM.    [Caux.] 

PCyDIUM  is  the  name  given  to  the  continuous 
base  that  forms  the  lower  part  of  a  wall  or 
building.  Thus  it  is  used  for  the  aide  of  the 
subttmcture  on  which  a  temple  is  raised  (Vitmr. 
iiL  3),  for  the  marble  panelling  or  *'dado  **  round 
the  lower  part  of  a  wail  (Yitrnv.  viL  4;  Plin. 
^  V.  6, 22),  for  the  lower  part  of  the  scena-wall 
in  a  theatre,  on  which  columns  rested  (Vitrar. 
y.  7),  or  for  the  wall  sorrounding  the  arena  in  sn 
amphitheatre,  and  forming  a  basis  for  the  seats  of 
the  spectators  ^mphitheatrux].     [E.  A.  G.] 

POENA.  The  original  sense  of  this  word, 
which  is  derived  from  the  Greek  murfi  (Curtios, 
(7r.  Etym.  No.  373),  seems  to  have  been  composi* 
tion  paid  by  a  delinquent  to  the  party  injured 
by  him,  or  to  his  kidkmen,  in  order  to  escape 
vengeance  (Dig.  50,  16,  131  pr.,  ''poena  est 
noxae  vindicta;"  cf.  the  expressions  ''poeoas 
solvere,  pendere").  (Rnbino,  Untemtckt»gen 
Uber  rim.  Verfoimmg^  p.  460;  Ihering,  66st  d, 
B.  B,  i,  126.)  When  crimes  came  to  be  visited 
with  punishment  by  the  state,  the  word  poena 
meant  a  penalty  or  punishment  threatened  by 
the  law  on  account  of  offences,  whether  such 
penalty  was  exacted  at  the  suit  of  the  injured 
party,  as  in  the  case  of  theft,  or  was  a  con* 
sequence  of  a  judicium  publicum. 

The  conception  of  poena  differs  from  that  of 
tnultOj  as  Ulpian  exclaims  in  a  well-known  pss- 
sage  of  the  Digest  (Dig.  50,  16,  131,  §  1).  Mtdta 
or  tntUcta  was  a  pecuniary  penalty  ('*  rujus  ani- 
madversio  hodie  pecuniaria  est "),  though  by 
the  law  of  the  Twelve  Tables  it  had  been 
pecnaria  or  a  certain  number  of  oxen  and  sheeps 
(Plin.  H.  N.  xviii.  §  12  ;  Festus,  a.  yy.  Mtdtam, 
Pecuhtus,)  It  was  one  of  the  modes  of  punl/ib- 
ment  by  which  the  higher  magistrates  enforced 
their  supreme  executive  authority,  but  the 
right  of  imposing  a  multa  on  offenders  wss 
extended  to  inferior  magistrates,  and  in  Ulpian's 
time  belonged  to  every  person  who  was  invested 
with  judicial  power  in  civil  or  adminutratire 
matters,  such  as  municipal  magistrates  and 
praeaides  provinciarum  ("  item  multam  is  dicere 
potest,  cui  judicatio  data  est ").  A  multa  was 
imposed  according  to  the  discretion  of  the  mngi- 
St  rate,  and  its  amount  was  determined  by  the 
pleasure  of  him  who  imposed  it,  unless  a 
maximum  amount  was  fixed  by  law.  On  the 
other  hand,  a  poena  was  only  inflicted  when  it 
was  imposed  by  some  lex  or  some  other  legal 
authority  {quo  alio  jure).  (Cf.  Paulns  in  Dig. 
50,  16,  244  (Lnbeo) :  "Si  qua  poena  est,ma)U 
est;  si  qua  multa  est,  poena  est."  (Paulas): 
'*  (Jtrumque  eorum  faUum  est ;  naroque  hamm 
rerum   dissimilitudo  ex  hoc   quoqoe   apparet. 


POLEMABGHUS 

qaod  de  poena  proTocatio  non  est.  £z  hoc  quo- 
que  earum  rerum  dissimilitudo  appareie  poterit, 
quia  poenae  oertae  singuloram  peccatorum  sunt, 
inultM  contra,  quia  ejus  judida  poteataa  est, 
qoantum  dicat,  nisi  cum  lege  est  constitatum 
qnantom  dicat.**)  A  poena  was  not  necessarily 
pecuniary,  but  might  affect  a  person's  caput  and 
ezistimaUo.  Cicero  enumerates  the  following 
kinds  of  poenae,  riz.  damnum,  vmculaj  verbera^ 
tolio^  ignominiaf  exUwmy  morsj  and  servitua  (Cic. 
(k  leg.  Aug.  CD.  ui.  12  ;  de  Or,  i.43, 194;  de 
0/.  iii.  5,  23;  ^pro  Caec,  34,  100).  A  poena 
might  be  inflicted  bj  any  one  whose  function  it 
wa$  to  take  cognisance  of  crimes.  When  no 
poena  was  impoMd,  then  a  mnlta  might  be  the 
punishment.  [G.  L.]    [£  A.  W.] 

POLEMABGHUS  (woA.^fuif>XoO-    1'h«r«  » 
prohabi  J  no  official  title  which  was  more  widely 

diffused  in  Greece  than  that  of  Polemarchus.    It 
is  Jcnown  at  Athens  as  the  name  of  the  third 
archon  [Abchosi],  among  the  Dorians  of  Sparta, 
the  AeoUan  peoples  of  Thessaly  and  Boeotia,  in 
Aetolia,  Arcadia,    and  Euboea.      It   does    not 
appear  to  hare  existed  (at  least,  we  have  no 
eridence  as  yet)  in  any  of  the  cities  of  Magna 
Graecia  on  the  one  hand,  or  in  those  of  Asia 
Minor  on  the  other ;  in  other  words,  the  title 
does  not  seem  to  haye  struck  root  in  colonies. 
As  its  name  implies,  it  originally  meant  a  leader 
in  war  (cf.  woKiiMpxos  'Axfumr,  Aesch.   Cho. 
1072) ;  and,  as  we  shall  see,  probably  was  an  off- 
shoot of  the  office  of  the  king  in  his  capacity  of 
commander-i&-chief  of  the  forces  of  the  state. 
Ererywhere  alike  we  see  its  original  military 
character  continuing  to  attach   itself   to    the 
office,  for  we  find  the  polemarchs  either  hold- 
ing actual  commands  in  war,  or  superintending 
the  military  organisation  and  defence  of  the 
state  in  time  of  peace.    As  the  polemarch  at 
Athens  was  the  sairiral  of  the  military  side  of 
the  ancient  kingly  office,  so  we  find  at  Sparta 
the  polemarchs  playing  an  important  part  in  its 
organisation.     When  we  first  hear  of  them,  they 
appear  as  forming  the  immediate  military  staff 
of  the  king.     They  haye  no  particular  body  of 
men  under  them;  for  the  xixos  is  under  its 
Aox^T^f  •    But  in  caaes  where  a  force  took  the 
field,  of  which  the  king  in  person  did  not  hold 
the  command,  one  of  the  polemarchs  was  ap- 
pointed to  lead  it  in  his  place.    Thus  the  Spartan 
force  sent  to  Tempo  before  the  advance  of  Xerxes 
was  commanded  by  Evaenetus,  one  of  the  pole- 
surchs   (iirrpoT^Mt     ik    r&y    AoKM^aifiwlttP 
^nLnros  6  Kop^rov,  4k  r&p  iro\9ftdpx^^  kpCMni' 
fti^oSf  y4p90S   pArroi    iitp  oh  rov    fieurtkrijov, 
Herod,  vii.  173).      From  this  passage  we  may 
likewise  infer  that  it  was  not  usual  to  appoint 
say  of  the  polemarchs  to  such  a  command  unless 
they  were  of  the  blood  royal,  and  at  the  same 
time  that,  whilst  the  polemarchs  were  usually 
members  of  the  kingly   house,  they  were  not 
necessarily  so.     It  was  natural  that,  when  the 
duties  of  the  kings  as  commanders-in-chief  in- 
creased, they  would  find  it  necessary  to  haye 
lieutenants  or  adjutants  to  aid  in  organising  the 
forces,  and  for  such  important  duties  they  would 
naturally  employ  persons  connected  with  them- 
selyes  by  the   close  tie  of  clanship.    The  pole- 
marchs continued  in  this  position  until  the  re- 
organisation of  the  Spartan  army  into  six  morae 
in  404  1L&       Thus  Thucydides  (y.  66),  when 
describing  the  organisation  of  the  Spartan  army 


POLEMABGHUS 


441 


when  in  the  field,  says  that  the  supreme  com- 
mand was  yested  in  the  king  if  he  was  with  the 
troops;  the  king  gaye  the  necessary  orders  to 
the  polemarchs,  and  they  in  turn  gaye  them  to 
the  lochagi.  Thus  they  eyidently  came  next  to 
the  king,  and  were  superior  to  the  lochagi^  oyer 
whom  they  were  placed  to  command  hchi  on 
important  occasions.  Thus,  at  the  battle  of 
Mantinea  (418  B.a),  we  find  two  polemarchs  in 
command  of  two  iochi,  doubtless  detailed  by 
king  Agis  for  this  special  occasion  (Thuc. 
y.  71).  From  this  occasional  supersession  of 
the  Aoxctyoi  by  the  polemarchs,  the  change  to 
the  new  organisation  (in  404  B.C.)  is  the  natural 
step,  when  the  polemarchs  are  now  made  the 
regular  commanders  of  the  new  morae  (six  in 
number)^  each  mora  containing  two  lochi  under 
lochagi.  Thus  we  find  the  polemarch  Praxitas 
with  his  mora  garrisoning  Sicyon  (Xen.  Bell.  iy. 
4,  7).  Xenophon  (Mesp,  Lac  12,  6)  speaks  of  a 
wpcrrot  woKtfutpxoSf  who  may  possibly  be  the 
same  officer  whom  he  calls  (op.  cU.  13,  7)  irpc<r- 
^^orof  r&¥  wtfA  dafioaiatf.  That  they  formed 
part  of  the  damosia,  or  king's  body-guard,  we 
may  perhaps  infer  from  Xen.  Hell.  yi.  4,  14. 

The  polemarch  was  assisted  by  officers  called 
<rvfi^op€is  (Xen.  I.  c.)  When  not  in  actiye  ser- 
yice,  the  polemarchs  had  to  superintend  the 
Phiditia  or  public  messes  at  home.  We  infer 
from  Xenophon  {Sesp,  Lac.  13,  6)  that  they 
were  six  in  number  under  the  organisation  which 
existed  in  his  time,  as  there  was  one  for  each 
mora.  As  the  Spartans  of  the  same  lochi  messed 
together,  we  may  infer  that  the  polemarch  ex- 
ercised a  general  control  oyer  the  commissariat 
of  the  men  who  formed  his  own  mora.  In  the 
yarious  cities  of  Boeotia  the  office  of  polemarch 
was  uniyersal.  There  were  usually  three  in 
number,  though  in  some  cases  two  only  appear. 
For  instance,  at  Thebes,  at  the  time  when 
Phoebidas  the  Spartan  general  got  possession  of 
the  Cadmeia  (482  B.a)  by  the  aid  of  Leontiades, 
one  of  the  polemarchs,  Xenophon  speaks  as  if 
there  were  only  two  (ToXc/iapx^vi^*'  M^*^  My- 
Xopov  'Icfitiplas  re  koL  AeoyriiBqf,  Sui^poi  m 
iXA^Aoif  Aral  iifix'iy^*  licdrcpot  rSp  iraipi&y, 
Hell.  y.  2,  25). 

We  can  infer  from  Xenophon  (ffell.  y.  4,  30) 
that  the  polemarchs  had  the  control  of  the 
military  organisation,  haying  under  them  the 
Aoxoyof,  who  commanded  the  \6xoif  into  which, 
as  we  know  from  Thucydides  (iy.  91),  the  army 
was  diyided.  The  woKiuapx^*  ^^  *  secretary 
(7pc^^ifurre^s,  6  ypofifiarlVittVf  Xen.  Sell.  y.  4, 2  ; 
Pint.  Pelcp.  7;  Larfeld,  Irucn'pt.  169).  At 
Thebes  the  polemarchs  had  the  power  of  arrest- 
ing any  one  who  had  done  an  act  worthy  of 
death  (Xen.  Hell.  v.  2,  30).  We  know  of 
the  existence  of  wo\4tiapxoi  at  Thespiae  from 
Plutarch  {Demetr,  39),  and  from  an  inscription 
(BuUet,  yiii.  413).  At  Acraephium  there 
were  three  woXt/uipx^'^*'  ^^^^  their  ypaftfM- 
rlSBrnp  (Larfeld,  184),  and  a  similar  board  at 
Hyettus  (Id.  144);  at  Copae  (Id.  170),  where 
there  were  only  two  in  number ;  at  Orchomenus 
(Id.  13,  17,  18,  21,  22);  Lud  at  Chaeronea 
iMiUheil.  yiii.  355).  They  seemed  to  haye  had 
certain  financial  duties  at  Orchomenus,  and  to 
haye  presided  in  the  popular  assembly.  They 
commanded  the  contingents  from  their  seyeral 
towns,  being  under  the  control  of  the  boeotarchs, 
who  were  the  highest  officers  of  the  League. 


442 


: POLENTA 


There  were  also  polemarchs  at  Aegisthena 
and  Megara,  at  the  latter  place  probably  repre- 
senting the  ffrparte/ol  of  an  earlier  date.  We 
likewise  find  three  woKdfiapxoi  at  Eretria  in 
£uboea  (C.  /.  G,  2144).  In  Thetsalj  the  League 
(rh  Koiibr  r&y  Berra\my)  consisted  of  four 
ancient  divisions  called  rcrpd^cs.  £ach  rrrfAs 
had  its  polemarchy  who  with  the  w4(apx^*^  under 
him  commanded  the  contingent  of  infantry 
which  his  rcrp^f  contributed  to  the  army  of  the 
League.  We  may  infer  the  existence  of  the 
office  of  polemarch  (or  polemarchs)  at  Phlius 
from  the  existence  in  that  city  of  a  iroXtfuCp- 
X«Mf  trrod  (Miiller,  Fyagm.  ff,  G.  iu.  133).  The 
office  also  existed  at  Phigalia  (rh  troK^fjidpx^totft 
Polyb.  IT.  79),  at  Mantinea  (Thuc.  t.  47)»  and 
at  Cynaetha,  where  their  functions  were  de- 
scribed by  Polybius  (iv.  189) :  leXtltuf  rks  w^ms 
icol  rhr  /leraib  XP^^^  irvpis^cu^  r&¥  irXcfSwy, 
iroif ur9«  Si  icol  rh  waJf  ^puipoM  r^p  9lmrap  M 
r&9  wvX^pttu),  In.  the  days  of  the  Achaean 
League  there  were  still  iroK4f»apxoi  at  Dyme, 
whilst  there  is  also  evidence  for  the  office  at 
Thnria  in  Messema.  That  there  was  a  pole- 
march  in  the  island  of  Paros,  we  know  from 
inscriptions  (C.  /.  G.  2374,  2379> 

Finally,  tlie  office  seems  to  have  existed  both 
in  Ambracia  (C  /.  G.  1797)  and  in  Aetolia 
(Polyb.  iv.  79).  As  in  many  of  these  places 
above  specified  we  find  mention  likewise  of  an 
archon,  we  may,  on  the  whole,  infer  that  the 
duties  of  the  polemarchi  corresponded  very 
closely  to  those  of  the  strategi  at  Athens,  and, 
in  fact,  we  saw  that  at  Megara  they  were  called 
ffTpcerceyol  at  an  earlier  period.  [W.  Kl] 

POLENTA.    [PuiA] 

POLBTAE  (TwXip>aO.  The  poletae  at 
Athens  were  a  board  of  ten  officials  or  magis- 
trates which  formed  one  of  the  departments  of 
the  Treasury.  They  were  chosen  by  lot,  one 
from  each  tribe  (Harpocration,  s.  v.'  mw^ifra/). 
They  were  under  the  supervision  of  the  Boule  of 
Five  Hundred,  and  its  ratification  was  required 
to  give  validity  to  their  proceedings.  It  was 
their  duty  to  let  out  to  farmers  by  a  kind  of 
auction  the  revenues  arising  from  all  tolls, 
customs,  and  taxes ;  to  let  on  Tease  public  lands, 
and  plots  of  ground  for  mining  purposes  at 
Lanrium.  They  superintended  the  Architecton 
in  giving  out  the  contracts  for  works  to  be  done 
for  the  state,  such  as  the  building  and  repairing 
of  the  walls  (CI  /.  A.  u.  167).  They  likewise 
put  up  to  public  sale  the  property  of  public 
debtors  who  had  failed  to  discharge  their  obliga- 
tions to  the  state  within  the  appointed  time, 
and  of, those  who  were  in  arrears  with  their 
income-tax  (clo-^opd),  as  well  as  the  property 
and  persons  of  such  aliens  who  had  been  con- 
victed on  a  ypa^  (cWas  of  usurping  the  rights 
of  citizenships  and  of  metoeci,  who  had  been 
convicted  on  a  charge  of  not  having  enrolled 
themselves  under  a  wpotrrJerfis  {ypa^  &irpo<rra- 
fflov),  or  on  a  charge  of  having  failed  to  perform 
their  obligations  to  their  irpoardrrit  (ypa^ 
kwo^rrturlw),  and  for  not  having  paid  the  resi- 
dent alien  tax  of  12  drachms  (rh  fierolKiop), 
[Metoeci.]  They  likewise  put  up  for,  sale  all 
property  confiscated  (8iyfU4(vpara,  bijfimfirwd). 
They  had  also  the  duty  of  setting  up  public 
inscriptions  (or^Aoi,  C  /•  A.  t  61),  and  under 
the  direction  of  tho  Archon  Eponymus,  who 
supervised  the  property  of  orphans^  let  oat  on 


POLTO 

leases  the  property  of  minors.  They  elecUd 
a  president  (vp^ayts) ;  and  their  office,  where 
they  put  up  for  auction  the  various  kinds  of 
property,  was  called  rh  TrnXifHiMOP  (cf.  [Don.] 
c.  Aristog,  787,  §  57,  r^  vwXirh|pior  rev  /lersi- 
irfov). 

We  find  the  office  of  wvXirr^s  in  other  ptrts 
of  Greece,  as,  for  instance,  at  Halicamsssiis 
(Bullet  V.  212),  where  there  seems  to  have  been 
but  a  single  poletes  instead  of  a  board ;  whilst 
at  Cos  we  find  on  an  inscription  a  board  of 
poletae  letting  out  the  contract  for  the  settinfr 
up  of  a  proxenia-decree  on  a  pillar  (Csaer,' 
160),  and  a  similar  board  of  poletae  givmg  ont 
a  contract  for  the  engraving  of  a  rimilar  pillar 
accords  to  the  agreement  drawn  up  by  the 
Architecton  (Cauer,*  181).  Finally,  we  find 
at  Epidamnus,  the  colony  of  Corcyra,  a 
functionary  called  poletes,  elected  annnslly. 
Plutarch  {Ouaest  Gr.  29)  says  that  the  Epi- 
damnians  being  neighbours  of  the  lUyriaDs,  and 
finding  that  their  citizens  became  corrupted  in 
their  trading  with  the  barbarians,  elected  a 
poletes  through  whom  all  bargains  and  barter- 
ings  were  carried  out.  [W.  Rl] 

POLITBIA,    POLI'TES    (woktriU,  «Ai- 

njf).      [CIVITA8.] 

POLITOPHY'LAGES.    [Taootl] 

POLLICITA'TIO.      [0BLIQATI0NB8.] 

POLLINCrrOR.    [Funds.] 

POLUS  (w^Xos),  a  word  of  various  meamog^ 
all  however  connected  in  some  way  with  a 
sphere  of  revolution,  the  root  of  the  word  bein^ 
the  same  which  appears  in  9o\4m  and  t4ktftMh 
which  implies  motion,  especially  motion  round  a 
centre.  It  Is  only  the  scientific  meanings  whicb 
will  here  be  noticed,  of  which  the  best  known  » 
that  which  has  reference  to  astronomy;  the 
other,  much  rarer  and  derived  from  the  former, 
referring  to  a  part  of  the  sun-dial  [HOBOLOonni]. 
In  astronomy,  again,  by  far  the  most  common 
meaning  otpolus  or  ir6\os  is  the  heavenly  sphere 
or  spheres,  or  vault  of  the  sky,  originally  con- 
ceived  of  as  solid :  thus  in  the  earUest  pasiaee 
in  which  tAKos  occurs  (Aesch.  Prom.  427)  At\» 
is  represented  as  supporting  this  sphere  on  his 
shoulders.  Probably  the  word  was  not  verr 
ancient  in  the  time  of  Aeschylus,  lor  in  Aristo- 
phanes (Av.  17d-182)  there  is  a  formal  explsna- 
tion  of  it,  and  it  is  in  his  contraiporary, 
Euripides,  that  it  first  becomes  frequent  {OrcsL 
1685;  lony  1154,  &c.>  The  account  of  the 
heaven  accepted  among  Greek  philosophers 
generally  (though  with  variations)  represented 
it  as  formed  of  concentric  spheres,  the  outside 
sphere  being  that  which  contained  the  fixed  stars, 
while  the  inner  spheres,  each  having  its  own 
proper  motion,  contained  the  sun,  moon,  and  fire 
principal  planets  (which  alone  are  visible  to  the 
naked  eye).  •  See  Plato,  TTmoeus,  pw  38,  and  the 
second  book  of  Aristotle,  de  CaUo;  in  which 
book,  especially  in  the  latter  half,  are  to  be 
found  acute  observations,  mixed  with  obscare 
reasonings.  But  it  is  to  be  remarked  that  both 
in  TimattUj  40  B,  and  <fe  Caeh,  ii.  14^  v^of  » 
used,  not  for  the  entire  heaven,  but  for  the  axb 
of  heaven  and  earth,  around  which  the  whole 
revolved.  Again,  in  the  de  Ctuio,  iL  2,  the 
w^Aoi  are  the  poles,  north  and  south,  in  onr 
sense  of  the  word;  and  the  same  meaning  i^*: 
common  in  Latin,  wheita  the  entire  heaven  if  not 
intended  (PUn.  J7.  if.  iL  §  <(3).    Another  mean- 


FOLYHITA 

mg  altogether,  the  crbU  of  a  star,  is  found  in 
[Plat]  Spin.  986  C.  (Cf.  [Plat.]  Axioch.  p. 
371  B ;  Alex,  ap,  Athen.  p.  60  a ;  Ukert,  G^, 
d.  Grieck.  h.  £5m.  vol.  i.  pt.  ii.  p.  115 :  and  for 
the  conception  of  heaven  amonz  the  Greeks, 
Whewell,  SitU  of  the  Inductive  Sciences,  vol.  i. 
ppL  153  egq, ;  Gomewall  Lewis,  Astronomy  of  the 
AncientSf  which  moreover  takes  notice  of  the 
point  next  to  be  mentioned.) 

Connected  with  the  most  common  astronomi- 
cal meaning  of  w^Aes,  the  revolving  heavenlv 
sphere,  is  the  nse  of  the  word  to  mean  a  diaL 
The  first  scientific  attempt  to  mark  the  time  of 
<Uy  with  exactitude  was  by  constructing  a  hollow 
hemisphere,  so  placed  as  to  catch  the  sun's  rays 
on  its  interior  surface,  the  axis  of  the  hemisphere 
being  parallel  to  the  polar  axis  of  the  heavens. 
Thai  on  this  interior  surface  the  path  of  the 
inn  was  marked  by  means  of  the  shadow  of  a 
bead  fixed  on  the  axis  of  the  hemisphere,  or 
(which  comes  to  the  same  thing)  by  the  ex- 
tremity of  an  index  (yrtcfjmw)  reaching  to  the 
same  point.  The  simple  index  or  yv^ijmv,  in  the 
seose  of  an  upright  rod,  had  no  doubt  been  used 
from  very  early  times  as  a  means  of  roughly 
meuuring  the  time  of  day,  by  the  length  and 
direction  of  the  shadows.  But  when  to  the 
fp^iutv  was  added  the  above-described  hemi- 
sphere, or  w^Xof  as  it  was  naturally  called,  from 
its  being  the  counterpart  of  the  heavenly  wiXjos, 
the  result  was  a  scientific  sun-dial.  Herodotus 
(ti.  109)  uses  the  two  words,  w^Aoy  iral  yp^/uMmf 
together,  to  describe  the  compound  instrument, 
sad  he  tells  ns,  no  doubt  correctly,  that  the 
Greeks  derived  it  from  the  Babylonians.  (See 
Ideler,  Haatdimch  der  Chromologie,  vol.  i.  p.  233, 
referred  to  by  Grote,  vol.  iL  p.  155,  in  editions 
sttcr  the  first;  also  Bahr's  note  on  Herodotus 
oi  loG^  with  his  references  to  BatUy,  Delambre, 
Letronne,  and  Cnuxer.)  Vitmvius  (ix.  9)  tells 
OS  that  this  form  of  sim-dial  (A«in»byc/riiiii)  was 
inrentcd  by  Berosus,  who  lived  at  Babylon  at 
the  cad  of  the  fourth,  and  during  the  first  part 
of  the  third,  century  B.C.  But  this,  considering 
the  pessage  in  Herodotus,  can  hardly  be  correct ; 
though  Berosus  may  no  doubt  have  improved 
the  instrument,  and  his  bust  is  represented  on 
the  base  of  a  dial  found  at  Palestrina.  Besides 
Herodotus,  Aristophanes  mentions  the  viXos  in 
a  fragment  of  the  Gerytades,  where  it  clearly 
means  a  sun-dial,  and  is  explained  as  such 
{JtpOjytmiy  by  PoUux  (ix.  46),  to  whom  we  owe 
the  fragment.  Lucian  {Lexiphan,  4)  speaks  of 
the  7w^|ia»r  as  overshadowing  the  middle  of  the 
v^f,  which  ahows  clearly  the  relation  between 
the  two.  (See  also  Alciphron,  Ep.  iii.  4.)  Some 
interesting  remarks  on  ancient  sun-dials,  with 
pictures  in  which  the  w6\os  and  its  hour-lines 
are  well  illustrated,  and  another  of  a  different 
make  of  dial,  will  be  found  in  Mrs.  Alfred 
Gattv's  Book  cf  Swurdials  (London,  1889),  pp. 
1-13,  391-404.  [P.  S.]    [J.  R.  M.] 

POLY'MITA.    [Tela.] 

POME'BIUM  or  POMO£rBIUM.  As  re- 
^rds  the  spelling  of  the  word,  the  latter,  which 
sccords  more  nearly  with  the  etymology,  is 
retained  by  Madvig,  but  most  modem  authorities 
hsTc  agreed  that  pomerium  is  the  more  correct 
(see  Hommsen  in  Hermes,  x.  40).  The  pomerium 
vas  a  space  left  vacant  on  the  inner  side  of  a 
citj  wall  (/Msi-nuwrivn) :  it  did  not,  however, 
Mccssarily  nm  panllel  with  the  line  of  fortifica^ 


POMERIUM 


443 


tion ;  where  it  did  not  do  so^  and  preserved  only 
a  religious  significance,  it  was  marked  by  a  line 
of  stone  pillars  {cippi  pomerU,  Yarro,  Z.  Z.  v. 
143 ;  lapides,  Tac.  Ann.  xii.  24),  whidi  indeed,, 
no  doubt,  were  placed  at  intervals  over  its  whole 
course.  The  original  pomeria,  it  may  be  con- 
jectured, followed  the  original  ring-walls  of 
associated  bodies  of  citizens :  hence  if  by  conquest 
or  federation  new  citixens  were  brought  in  and 
a  larger  urbs  became  necessary,  the  ring-wall,, 
and  with  it  the  pomerium,  was  enlarged.  It  is 
probable  that  the  first  intention  was  to  leave  a 
clear  space  immediately  within  the  walls  for 
military  reasons,  that  the  defenders  might  have 
freedom  of  movement:  and  that  what  had 
become  an  invariable  custom  in  the  builders  of 
walled  cities,  became  a  religion.  The  custom 
was  common  to  Latins  and  Etruscans,  and  a 
town  in  the  earliest  times  was  founded  as  follows : 
— a  bullock  and  a  heifer  were  yoked  to  a  plough,, 
and  a  furrow  was  drawn  round  the  place  which 
waa  to  be  occupied  by  the  new  town,  in  such  a 
way  that  the  clods  fell  inwards:  the  furrow 
marked  the  ditch,  the  mound  the  ring-wall 
within  it,  and  within  that  again  was  a  certain 
space  called  the  pomerium,  its  width  marked  by 
dppi,  upon  which  no  buildings  could  be  erected. 
It  is  true  that  Livy  (i.  44)  states  the  pomerium 
to  have  been  a  space  left  vacant  both  within  and 
without  the  wall;  but  Mommsen  has  shown 
good  reason  for  rejecting  this  view,  which  resta 
on  livy  alone,  and  for  imagining  that  author  to 
have  been  misled  about  a  point  of  antiquarian 
knowledge  (Mommsen  in  Hermes,  x.  40 ;  B6m. 
Forschmg.  ii.  23;  Staatsrecht,  i.*  63).  The 
language  of  Varro,  **  qui  (orbis)  quia  erat  post 
murum,**  &c.,  is  decidedly  against  Livy's  view; 
and  so  is  the  *'  per  totius  urbis  circuitum  pone 
muros"  of  Gellius,  xiii.  14:  the  word  itself  can 
be  only  naturally  explained  on  the  theory  that 
it  was  something  '*  behind  "  the  walls,  t>.  pro» 
tected  by-  them  (with  which  postliminium  is 
probably  to  be  compared);  and  moreover  the 
fact  that  the  Aventine,  though  within  the 
Servian  walk,  remained  outside  the  pomerium, 
can  hardly  allow  us  to  conceive  the  pomerium 
as  on  the  outer  side  of  the  fortifications. 

Whatever  may  have  been  its  first  intention,, 
the  aspect  in  which  the  pomerium  comes  before 
us  is  its  religious  aspect.  The  space  within  it 
was  called  ager  vffatus,  so  named,  according  to 
Varro,  vi.  53,  '*  because  the  augurs  have  declared 
thereby  where  the  limit  for  urban  auspices 
should  be  in  the  direction  of  the  fields  without 
the  city"  (such  is  Mommsen's  rendering),  t.e: 
beyond  what  point  the  auspices  would  no  longer 
be  whana  auspicia  (cf.  Gell.  xiii.  14 ;  Varroy  v. 
143).  The  distinction  is  seen  in  the  auspices 
for  Comitia  Curiata  being  within  the  pomerium, 
those  for  Comitia  Centuriata  outside,  because 
this  in  its  origin  was  a  military  levy:  the 
general  starting  for  a  campaign  must  take  them 
within  the  pomerium,  but  the  bellica  auspicia 
after  his  imperium  began  must  be  taken  outside, 
in  the  camp,  on  the  field  of  battle,  &c.  Croesing 
the  pomerium  did  away  with  the  effect  cf  the 
military  auspices;  hence,  if  he  came  back  to 
Rome,  he  must  take  the  urbana  auspicia  over 
again  for  his  return,  and  the  bellica  auspicia 
after  he  reached  his  army.  This  explains  the 
obscure  expression  in  Tac.  Ann,  iii.  19  (see 
Mommsen,  Stajtsrecht,  L*  99;  Auspicia).    The 


444 


POMEBIUM 


PONDEBA. 


pomerium  then  included  in  its  circle  the  dwell* 
ings  of  the  urbs  proper,  bat  practically  Rome  soon 
went  farther,  and  was  expressed  technically  by 
**  arbs  et  arbi  continentia  aedificia." 

The  antiquissimum  pomerium, — ^This  ran  within 
the  old  walls  of  the  Palatine  city,  taking  there- 
fore a  somewhat  square  form,  and  Mommsen  is 
of  opinion  that  this  shape  belonging  to  *  the 
tempi  urn  was  to  some  extent  preserved  in  the 
subsequent  pomeria,  from  their  connexion  with 
auspices ;  so  that,  when  the  Servian  walls  became 
more  circular,  the  cippi  left  wider  spaces  here 
and  there,  even  excluding  great  portions  (such 
as  the^Aventine),  and  gave  a  more  rectangular 
shape  to  the  ager  effatus.  Tacitus  (ilirn. 
xii.  24)  describes  the  pomerium  of  Romulus  by 
it>ur  points — Ara  Maxima,  Ara  Consi,  Curiae 
Teteres,  and  Sacellum  Larium :  the  first  three 
seem  to  mark  the  S.R,  S.W.,  and  N.E.  comers 
of  the  Palatine  (0.  Richter).  There  is  some 
difficulty  in  the  **  sulcus "  including  the  Ara 
Maxima  which  seems  to  be  outside  the  actual 
walls  of  the  Palatine  city  ;  and  it  is  also  strange 
that  if  Servius  extended  the  pomerium,  he  left 
the  old  cippi  standing.  Mommsen  inclines  to 
the  opinion  in  Jordan,  Tbp.  iL  26,  that  the  cippi 
which  Tacitus  describes  were  placed  later,  to 
show  the  boundaries  used  for  the  lustration  of 
the  Palatine  [Lupercalia],  Of  the  Servian 
cippi  we  have  neither  remains  nor  record,  except 
that  they  did  not  include  the  Aventine, 
though  his  walls  did:  Gellins  (xiii.  14)  says 
that  Remus  made  the  Aventine  unlucky  for 
auspices :  Varro  (v.  43),  that  on  this  hill  stood 
the  temple  of  Diana  common  to  Latins  and 
Romans:  Mommsen's  theory,  mentioned  above, 
suggests  another  cause. 

Enlargement  of  the  Pomerium. — The  jus  pro- 
ferendi  pomerii  belonged  to  the  king  who  had 
added  territory  lo  Rome,  and,  even  if  this  passed 
theoretically  to  dictator  or  consuls  who  ''auxe- 
runt  fines  imperii,"  it  was  never  exercised  after 
Servius  until  the  dictatorship  of  Sulla  (Dionys. 
iv.  13;  cf.  Liv.  i.  44).  It  is  true  that  some 
Latin  writers  speak  as  if  we  might  expect  it 
after  any  conquest  (Sen.  de  brev,  vit  3;  Tac. 
Ann.  xii.  23 ;  Gell.  xiii.  14) :  but  Tacitus  him- 
self in  the  next  chapter  mentions  Sulla  as  the 
only  conqueror  under  the  Republic  who  did  so. 
What  his  extension  was,  we  do  not  know. 
Caesar  professed  to  follow  his  example  (Cic.  ad 
Att,  xiii.  20),  but,  if  we  believe  Tacitus,  did  not 
do  so,  prevented  perhaps  l^y  death.  Detlefsen 
i^HermeSf  xxi.  513)  takes  Gell.  L  c,  and  Dio  Cass, 
xliii.  50,  xliv.  49,  to  show  that  he  carried 
out  his  proposal:  see,  however,  on  the  other 
side,  Mommsen,  Staatsrecht,  ii.'  738.  The  same 
writer  (ii.'  1072)  gives  good  reasons  for  holding 
that  Augustus  did  not  enlarge  the  pomerium : 
if  so,  it  may  have  been  from  reluctance  to  assume 
the  kingly  state ;  and  so  he  instead  constituted 
the  fourteen  regions.  Of  the  emperors : — 1.  Clau- 
dius, after  adding  Britain  and  Commagene  to 
the  Empire,  proceeded  to  enlarge  the  pomerium, 
including  within  it  the  Aventine,  probably  with 
n  view  of  determining  afresh  the  templum  of  the 
city  (cf.  Hulsen  in  Hermes,  xxii.  615).  Four  of 
his  cippi  have  been  discovered  ((7.  /.  L,  vi.  1231) : 
they  seem  to  bring  his  line  nearly  up  to  Mons 
Testaceus,  to  the  inner  border  of  the  Campus 
Martins,  and  to  the  Porta  Salaria.  An  inscription 
gives  his  claim  '*auctis  populi  Romani  finibus 


pomerium  ampliavit  terminavitque."  2.  Kero 
(Vopisc^urs/.  21).  3.  Vespasian  and  Titui,  two 
of  whose  stones  have  been  found  with  a  similar 
inscription  and  numbered  xxxL  and  xWii^  out 
beyond  the  Pincian  gate,  the  other  near  the 
PorU  Ostiensis  (C.  /.  L.  vi.  1232>  HadrUa 
did  not  extend  the  pomerium,  but  only  marked 
it  afresh  (C  /.  X.  vi.  1233) ;  one  of  his  cippi 
was  found  not  far  from  that  of  Claudius  on  the 
edge  of  the  Campus  Martins,  and  another  near 
the  Pantheon :  it  would  appear  that  the  Campas 
Martins  was,  at  least  till  after  Hadrian,  outside 
the  pomerium.  The  inscription  tells  us  that 
the  limits  of  a  pomerium  were  arranged  by  the 
college  of  augurs,  which  agrees  with  Cic  de 
mv.  ii.  35,  75.  It  will  be  seen  that  these 
extended  pomeria,  from  Claodins  onwards,  were 
an  ideal  unwalled  city;  their  limits  were  in 
some  places  beyond  even  the  site  of  the  later 
Anrelian  walls,  though  in  others  considerably 
short  of  it.  (Jordan,  Topog,  i.  323  ff. ;  Mommien 
in  HermieZy  x.  40  ff. ;  BSim.  Fonek.  ii.  23  ff. ; 
Staattrechty  U.  cc. ;  O.  Richter  in  Banmeister, 
Denkm&ter,  s.  v.  Rom,)  [L.  S.]  [G.  E.  M.] 
*  PO'NDEBA  ((rrct^/iof).  In  recent  yean  the 
subject  of  Greek  and  Roman  weights  has  received 
much  attention,  especially  in  connexion  with 
the  history  of  the  coinage ;  and  the  researches 
of  Boeckh,  Hultsch,  Mommsen,  and  Brandis  have 
thrown  light  over  what  was  before  their  time  s 
most  obscure  6eld.  The  method  of  these  inquiren, 
especially  ^at  of  the  two  latter,  has  been 
scientific  induction.  In  the  ancient  world  coios 
were  always  struck  on  one  or  another  of  the 
weight-standards  in  use  for  commercial  purposes, 
and  in  Greece  the  stater  of  gold  or  silver  alwsrs 
bore  a  simple  and  definite  relation  to  the  talent 
and  mina  in  use  in  the  state  where  they  were 
struck.  In  Rome  the  as  was  originally  merelr 
a  pound  of  copper.  Thus  it  la  by  weighing 
great  quantities  of  coins  that  we  are  oiabled  U 
recover  the  weights  in  use  in  Greece  and  Itslr, 
and  trace  the  historical  snooession  and  the 
derivation  of  the  various  standarda.  When  we 
hare  thus  reached  definite  results,  we  can  turn 
to  the  works  of  ancient  writers  on  metrology 
with  better  hope  of  understanding  them. 

Weights  of  Babylon. — It  is  known  from  the 
testimony  of  cuneiform  inscriptions  that  at  a 
very  remote  period  the  people  of  that  citr 
developed  an  elaborate  and  scientific  system  oi 
numerical  notation,  and  applied  it  to  the 
reckoning  of  time,  of  weights,  and  of  measures. 
The  basis  of  this  system  of  notation  was  neither 
decimal  nor  duodecimal,  but  sexagesimal ;  that 
is  to  say,  the  first  figure  in  the  line  represented 
units,  the  second  sixties,  the  third  60  X  60, 
three  thousand  six  hundreds,  and  so  forth.  The 
convenience  of  this  system  will  be  clear  if  we 
consider  that  aixty  is  divisible  by  both  ten  sod 
twelve. 

Of  the  sexagesimal  division  introduced  by  the 
Babylonians  into  the  reckoning  of  time,  traces 
remain  to  our  own  day :  still  sixty  seconds  make 
a  minute  and  sixty  minutes  an  hour.  We  also 
inherit  from  the  Babylonians  the  division  of  a 
foot  into  twelve  inches.  This  system  of  dirision 
was  used  by  the  Babylonians,  and  after  them  by 
the  Greeks  in  the  case  of  weights. 

For  the  rerification  of  Babylonie  standards, 
we  are  not  left  to  conjecture.  Mr.  Layarl 
brought  from  the  ruins  of  Nineveh  a  number  of 


PONDEBA 


PONDERA 


445 


wcighu,  tome  in  the  shape  of  a  lion  and  some  in 
that  of  a  goose  or  duck.  These  weights  bear 
spon  them  complete  and  satisfactory  legends, 
itsting  what  thej  are,  partly  written  in  the 
cuneiform  character,  and  partly  in  the  Aramaic 
character  which  was  commonly  used  in  Asia 
Minor  at  the  time  of  the  Assyrian  dominion.  The 
ume  of  the  king  in  whose  reign  they  were 
made  is  added,  so  that  onr  information  regarding 
them  is  of  the  most  definite  character. 

A  detailed  account  of  these  weights  is  given 
by  Mr.  £.  Norris  in  the  Journal  of  the  Royal 
Asiatic  Society f  vol.  xvL,  by  Dr.  Brandis  (pp.  43 
tqq.\  and  in  the  ninth  H^tort  of  the  Warden  of 
tie  Standards.  The  facU  established  by  them 
may  be  briefly  put.  They  show  that  under  the 
.Assyrian  £mpire  there  were  in  use  in  Mesopo- 
tamia, Syria,  and  Asia  Minor  two  principal 
ttaodards  of  weight.  The  minas  of  these  two 
ttandards  were  related  one  to  the  other  in  the 
proportion  of  2  to  1.  The  mina  of  the  heavier 
itasdard  weighed  about  1010  grammes  or  15,600 
grains  troy ;  the  mina  of  the  lighter  standard, 
605  grammes  or  7,800  grains.  Whether  the 
two  standards  had  different  origins,  or  repre- 
sent only  a  different  mode  of  calculation,  is 
obscure. 

It  can  scarcely  be  a  coincidence  that  the 
liitieth  parts  of  these  two  minae,  the  heavier 
ttxticth  weighing  260  grains  (16*8  grammes)  and 
the  lighter  weighing  130  grains  (8*4  grammes), 
were  the  weights  according  to  which  many  of 
the  earliest  gold  coins  of  Asia  Minor  were  struck. 
This  fact  seems  to  prove  that  the  weights  in 
question  had  long  been  in  use  in  that  district 
for  the  precious  metals,  before  coins  were  in- 
vented. According  to  the  view  of  Brandis, 
soceptcd  by  Mr.  Head,  the  heavier  sixtieth  was 
the  accepted  unit  in  Phoenicia;  whereas  the 
lighter  travelled  overland  to  Lydia,  and  thence 
reached  the  Greek  colonies  of  the  coast  of  Asia 
Minor. 

Ob  the  ground  of  Homer's  mention  of  the 
talent,  which  mention  proves  at  any  rate  that 
filed  standards  of  weight  for  gold  and  other 
metals  were  in  his  time  current,  Mr.  Ridgeway 
bat  maintained  (Journal  of  Hellenic  Studies^ 
▼iii.  133)  that  by  the  Greeks,  even  in  the 
Homeric  age,  gold  bars  of  the  weight  of  130 
grains  were  regarded  as  the  equivalent  of  an 
ox,  and  gold  bars  of  260  grains  as  the  equivalent 
of  a  yoke  of  oxen.  But  granting  the  probability 
of  the  fact,  it  seems  most  likely  that  the  Greeks 
did  not  arrive  at  the  gold  b«r  of  130  grains 
by  an  empirical  process,  but  derived  it  directly 
from  some  metrological  system  in  force  among 
tbeir  neighbours,  and  perhaps  arbitrarily  re- 
sided it  as  equivalent  to  an  ox  under  ordinary 
circumstances.  If  either  gold  or  oxen  became 
abnormally  scarce,  of  course  the  equation  would 
no  longer  hold  good. 

From  the  gold  shekel  of  130  or  260  grains, 
wbencesoever  the  weight  was  derived,  the 
peoples  of  Asia  Minor  and  of  Syria  seem  to 
bare  formed  metrological  systems.  By  multi- 
plying by  50,  they  formed  minae  of  6,500  and 
of  13,000  grains,  and  from  these  minae  again 
UlenU  of  sixty  times  those  weights.  All  this 
appears  to  hare  taken  place  before  coins  were 
in  oie,  while  the  currency  of  the  precious 
metals  consisted  only  of  bars  or  rings. 
U  is  clear  that  in  the  circulation  of  the 


precious  metals  two  plans  might  be  adopted. 
Either  bars  both  of  gold  and  of  silver  might  be 
current  of  the  weight  of  the  shekel,  which 
would  exchange  against  one  another  at  any 
time  or  place  according  to  the  proportion 
between  the  value  of  silver  and  that  of  gold ; 
or  else  different  standards  of  weight  might  be 
adopted  for  the  two  metals,  and  ban  of  gold  and 
of  silver  issued  of  such  weight  that  a  round 
number  of  the  silver  bars  would  exchange  for 
one  of  the  gold.  In  point  of  fact,  both  these 
courses  were  adopted  at  various  periods  in  the 
countries  of  Western  Asia  and  Europe. 

In  his  list  of  the  Persian  tribute  (iii.  89  aqq.), 
Herodotus  reckons  the  proportionate  value  of 
gold  to  silver  as  13  to  1.  lliis  proportion 
seems  to  have  been  fixed  by  custom,  and  not  to 
have  changed  during  the  Assyrian  and  Persian 
empires.  Mommsen  and  Brandis,  however,  agree 
that  the  relation  would  be  more  exactly  ex- 
pressed by  the  figures  13) :  1  or  40 : 3.  In 
practice  the  rule  of  Herodotus  might  be  main- 
tained in  small  transactions,  but  there  seem  to 
be  grounds  for  holding  that  in  dealing  with 
large  sums  the  fraction  was  taken  into  account. 
Had  the  fixed  proportion  been  12:1  or  10:1, 
bars  of  gold  and  silver  of  the  same  weight 
would  have  exchanged  conveniently  one  against 
the  other.  Indeed,  in  Greece  at  various  periods, 
this  did  take  place.  But  the  awkwardness 
of  the  relation  13  or  13J  to  1  necessitated*  in 
Asia  the  adoption  of  a  different  standard  for 
silver,  in  order  that  a  round  number  of  the 
current  bars  of  silver  should  exchange  for  one 
of  gold. 

According  to  the  theory  of  Brandis  the 
Phoenician  standard  for  silver,  which  was 
certainly  in  use  from  early  times  to  late  times, 
was  formed  on  this  principle  from  bars  of  gold 
weighing  260  grains.  Multiply  260  by  13},  and 
we  get  the  weight  of  the  silver  equivalent  of 
thb  unit,  3466  grains.  Dividing  this  again 
by  15,  we  get  a  convenient  bar  of  silver  of  the 
weight  of  231  or  230  grains  of  the  ralue  of  the 
fifteenth  part  of  a  gold  shekel.  Thus  four  gold 
shekels  would  be  equivalent  to  60  bars  of  silver 
formed  on  this  new  unit.  We  have  reason  to 
believe  that  the  silver  currency  in  Syria  and 
Phoenicia  before  the  invention  of  coining  wa«, 
in  accordance  with  the  standard  afterwards 
followed  in  the  earliest  coins,  composed  of  bars 
of  metal  of  about  230  grains  each,  of  which 
fifteen  went  to  a  gold  shekel. 

In  Asia  Minor  and  Lvdia.the  ordinary  unit  of 
value  in  gold  weighed  but  half  this  amount, 
130  grains.  Its  silver  equivalent  was  1720  or 
1730  grains.  This  sum  was  represented  in  the 
currency  by  ten  bars  of  about  172  grains  each, 
which  would  together  be  equal  in  value  to  a 
bar  in  gold.  From  this  new  silver  unit,  172 
grains,  were  formed,  by  multiplying  by  50, 
a  mina  of  about  8,600  grains  and  a  talent  of 
516,000  grains,  which  were  known  among  the 
Greeks  as  the  Babylonian  silver  talent  and 
mina.  Dr.  Brandis  tries  to  show  that  these 
were  in  use  in  Mesopotamia  as  early  as  the  16th 
centurv  before  our  era.  In  any  case,  it  is  clear 
from  the  testimony  of  Herodotus  that  they  were 
in  use  in  Persia  for  estimating  the  tribute  paid 
in  silver  by  subject  nations.  T^e  passage,  indeed, 
in  which  Herodotus  sums  this  tribute  (iii.  89)  is 
perplexing,  and   certainly    corrupt,    since   his 


U9 


PONDERA 


PONDERA 


totals  do  not  represent  the  som  of  his  items. 
As  the  passage  stands,  the  Babylonian  talent  is 
said  to  be  equivalent  to  70  Euboic  minae.  But 
Mommien,'  by  an  emendation  uniyersally  ac- 
cepted (jR/Km.  MUnzweseUf  p.  22),  alters  the 
figures  to  78,  so  making  Herodotus  consistent. 
78  Euboic  minae  give  a  weight  nearly  equal 
to  that  above  attributed  to  the  Babylonic  silver 
talent. 

In  Egypt,  in  early  times,  the  weights  used 
were  the  kat  and  the  ouien  or  ten,  which  was 
its  tenfold.  Various  metrologists  have  given 
different  values  of  the  kat;  and  as  existing 
Egryptian  weights  vary  considerably  in  force, 
no  accurate  determination  is  possible.  The 
generally  received  values  are,  for  the  kat  about 
9  grammes  or  140  grains,  and  for  the  ten  90 
grammes  or  1400  grains.  Various  attempts 
have  been  made  to  derive  from  these  Egyptian 


weights  those  current  in  historical  times  id 
Greece.  And  in  fact  the  tmallncss  of  the 
difierence  between  the  kat  and  the  lighter 
shekel  of  Babylon  seems  to  indicate  that  they 
had  either  a  common  or  a  parallel  origin.  We 
cannot,  however,  prove  that  Egyptian  weights 
were  used  out  of  Egypt,  while  the  Aramaic 
inscriptions  on  the  Assyrian  weights  prove 
that  they  were  in  use  in  countries  where  the 
Aramaic  writfng  was  used;  that  is  to  say,  m 
Asia  Minor  or  N.  Syria.  Brandis  also  hss 
argued  that  when  certain  weights  of  predoos 
metal  are  recorded  in  Egyptian  inscriptions  as 
paid  by  way  of  tribute  by  the  peoples  of  Syria, 
the  sum,  though  expressed  in  Egyptian  weights, 
almost  always  consists  of  a  round  number  of 
Babylonish  shekels.  So  far  therefore  as  re> 
search  has  at  present  gone,  it  would  seem  that 
the    monetary  systems  of  Syria,  Asia  Minor, 


L  Babjlonio  Talent  for 
weighing  goods. 

Talent 

MlM 

Sixtieth 

U.  Babylonic  OoU 
Talent. 

Talent 

Mtaia 

Shekel 


HSAVT  SVSTKM. 


Part  of 

Talent. '  Grammes. 


1 


60,600 
1,010 
16<83 


Grains. 


936,000 

15,600 

MO 


Avoirdnpois. 
lbs.      oz. 


133f 
2 


3| 
f 


LnwrSfBruc. 


Grammes. 


30,300 
506 
8-41 


Grains. 


468,000 

7,800 

130 


AvotidvpoBk 

lbs.        OK. 


1 


u 


1 


60,490 

T80.000 

841-6 

13,600 

16*83 

360 

lllf 

1      IS* 


25,248 
420*7 
8-41 


390.000 

6,500 

130 


55| 


14| 

A 


in.  Babylonic  Silver 

Talent. 

Talent     ,    •    •    •    . 

MIna 

Shekel 

rv.  Phoenician  Sflver 
Talent. 

Talent* 

Mina 

Shekel 


1 

ISoV 


67,330 
1,123 
22-4 


1 

IBOV 


44,700 
746 
14*9 


1033,000 

17,200 

344 


1475 

a      71 
I 


690,000 

11,500 

230 


98f 
1       10| 


33,880 

581 
11«2 


22,350 
373*5 
7-46 


618.000 

8,600 

172 


345,000 

5,750 

115 


49| 


'1 


*  Brandis  (p.  103)  reckons  the  Phoenician  talent  at  43,650  grammes,  remarking  that  the  Fboenidan  staadaids 
were  somewhat  debased  flrom  those  of  Babylon ;  but  as  a  matter  of  fact  the  coins  struck  on  the  Phoenlciia 
elandard  often  weigh  for  the  ahekel  230  grains. 


Greece,  and  Italy  were  derived  rather  from 
Babvlon  than  from  Egypt. 

The  silver  talent  in  use  among  the  Jews  was 
that  of  the  Phoenicians  in  its  heavier  form. 
To  quite  a  late  date  the  Jewish  mina  weighed 
11,500  erains  and  the  shekel  230.  This  is 
sufficiently  proved  by  the  statements  of  Epi- 
phanius  (Hultsch,  Metrohg,  Script  reliqq. 
p.  265)  as  well  as  from  the  testimony  of  a 
Jewish  stone  weight  with  the  legend  fondO  . 
czxy.  TALEKTYM  siCLORYH  III.:  whence  it 
appears  that  the  Jewish  talent  weighed  even 
in  Roman  times  as  much  as  125  Roman  pounds, 
637,500  grains,  which  is  but  a  little  below 
the  heavy  Phoenician  standard  (see  table) ;  and 
contained  3,000  shekels. 

We  have  reason  to  believe  that  the  Phoe- 
nician weight  was  m  use  also  at  Carthage; 
having  doubtless  accompanied  the  emigrants 
from  the  mother-country.  For  the  coinage  of 
Carthage,  which  does  not  however  begin  at  an 


early  period,  is  chiefly  struck  on  the  Phoe- 
nician standard,  and  slightly  heavier  than  the 
money  of  Tyre  and  Sidon.  And  no  doubt  the 
Carthaginians,  like  the  Phoenicians,  applied  the 
same  standard  they  used  for  money  in  weigh- 
ing other  articles. 

Derivation  of  Oreek  Monetary  Standards,^ 
We  have  already  seen  what  were,  before  the 
invention  of  coinage,  the  principal  monetary 
standards  in  use  in  Western  Asia.  These  we 
will  briefly  recapitulate,  and  assign  them  names, 
in  order  that  we  may  cite  them  with  more 
convenience  hereafter.  First,  there  was  the 
heavy  Babylonian  gold  standarxi,  with  its 
shekel  of  260  grains.  Kext  there  wm  the 
light  Babylonian  gold  standard,  with  its  shekel 
of  130  grains.  Next  there  was  the  Babylonian 
silver  standard,  of  which  the  imit  weighed  172 
grains.  Last,  there  was  the  standard  odled  by 
Brandis  Oraeco-Asiatfc,  but  which,  as  it  ori- 
ginally spread  from  Phoenicia,  we  shall  preftr 


PONDERA 


PONDERA 


447 


to  call  tlie  Phoettidan.  It  was  used  only^  for 
silver,  and  its  unit  weighed  about  230  grains. 
It  is  probable  that  ttom  one  or  other  of  these 
four  unita  all  monetary  systems,  except  those  of 
the  ancient  Chinese  and  the  modem  French, 
hare  been  derired. 

Considering  the  rigorous  commercial  activity 
of  the  Phoenicians  in  the  eighth  and  ninth  cen- 
tohes  before  our  era,  it  cannot  appear  sur- 
prising if  the  standards  adopted  by  them  spread 
more  rapidly  and  obtained  wider  currency  than 
the  standards  which  were  transmitted  by  land 
only.  In  particular  they  spread  to  the  Qreek 
dties  of  the  Asiatic  coast,  which  were  at  this 
time  far  superior  in  wealth  and  splendour  to 
ikt  cities  of  Greece  proper.  Ephesus  and 
Kiletus,  Phocaea  and  Smyrna,  learned  to  accept 
ai  units  of  Talue  the  heavy  Babylonian  gold 
&h«k«l  of  260  grains,  and  the  Phoenician  silver 
shekel  of  230  grains.  And  from  Ephesus  and 
Smrma  the  Phoenician  silver  standard  passed 
to  Sardis,  the  wealthy  capital  of  the  Lydian 
kings,  though  the  greater  part  of  the  Lydian 
money  was  minted  on  the  Babylonian  standard 
wbich  reached  the  country  by  land. 

The  credit  of  inventing  the  idea  of  money— 
that  is,  of  stamping  an  ingot  of  metal  of  fixed 
weight  with  an  official  die,  which  should  gua- 
natee  its  quality  and  value — belongs  to  the 
Lfdians.  Herodotus  (I  94)  states  that  this 
people  were  the  first  to  strike  coin  in  gold  and 
silver.  Bat  ptrobably  the  earliest  coins  were 
neither  of  gold  nor  of  silver,  but  of  electrum, 
which  is  a  natural  mixture  of  those  two  metals, 
foond  in  the  bed  of  the  Pactolus  and  other 
rivers  of  Asia  Minor,  and  reckoned  by  the 
Greeks  as  a  separate  metal.  [See  Electbum.] 
lIHiether  ingota  of  electrum  unstamped  had  pre- 
Tioulj  been  current,  we  cannot  say ;  but  it  is 
likely.  If  we  are  to  suppose,  with  Brandis,  that 
hf  s  fixed  convention  the  value  of  the  Lydian 
«lectmm  was  regarded  as  }  of  that  of  gold,  gold 
standing  ta  silver  in  the  relation  of  13|  to  1  as 
regsrds  value,  electrum  would  appear  to  have 
stood  to  silver  in  the  relation  of  10  to  1.  In 
this  proportion  recent  metrologists  have  found 
sa  esplttnation  of  the  fact  that  the  electrum  was 
<tnirk  upon  the  standard  used  for  silver  and 
sot  that  used  for  gold,  each  of  the  new  coins  of 
eUctmm  peasing  ror  ten  of  the  previously  used 
htn  of  silver.  We  must,  however,  observe  that 
the  proportion  of  value  between  gold  and  elec- 
tmm  cannot  be  regarded  as  ascertained  fact. 

The  claim  of  the  people  of  Lydia  to  have  in- 
vested money  is  uaually  allowed  by  numismatisto. 
The  mvention  appears  to  belong  to  the  seventh 
centnry,  when  Lydia  was  ruled  by  the  Mermnadae. 
it  spread  ta  the  towns  of  the  Ionian  coast,  and 
thenee  with  decreased  rapidity  south  and  west. 
The  great  bulk  of  the  early  electrum  coins  are 
^track  on  the  Phoenician  silver  standard.  In 
their  division  the  duodecimal  system  prevails; 
the  third,  fourth,  sixth,  twelfth,  and  twenty- 
ioorth  parts  of  the  stater  being  usual.  Some  of 
the  early  ooina  of  Lydia  are  on  the  Babylonic 
silrer  standard.  This,  however,  was  not  used 
out  of  Lydia.  Electrum  pieces  on  the  Phoenician 
^tsadaid,  on  the  contrary,  were  struck  in  a 
^  of  cities;  including  Sarde^Mjletus,  Chios, 
^*0K»,  Lampsacus,  and  even  tliflHtant  Aegina. 
-^Jcw  cities,  such  as  Samos  and  Eretria,  seem  in 
tl)e  earliest  timet  to  liave  struck  electrum  coins 


on  the  Babylonic  gold  standard.  For  further 
details  as  to  the  early  electrum  coinage,  see 
Electrum  and  the  authorities  there  cited. 

The  city  of  Phocaea,  which  enjoyed  great 
wealth  and  prosperity  during  the  half-century 
previous  to  ite  destruction  by  Harpagus,  the 
general  of  Cyrus^  issued  at  that  period  coins  of 
dark  electrum,  containing  a  considerable  pro- 
portion of  gold,  minted  on  the  heavy  Babylonian 
gold  standard, — coins  which  seem  during  the 
earlier  half  of  the  sixth  century  to  have  pushed 
their  way  on  the  Asiatic  coast,  and  in  many 
places  to  have  taken  the  place  of  the  Milesian 
electrum.  (Head,  NmniimatiG  Ckronicley  xv. 
272.) 

The  supersession  in  Asia  of  the  electrum  coin- 
age by  one  of  gold  and  silver  has  been  generally 
regarded  as  the  work  of  Croesus.  This  able  and 
wealthy  monarch  is  supposed  to  have  recog- 
nised the  fact  that  electrum,  in  consequence  of 
ite  varying  purity  and  value,  is  ill-fitted  to  be 
a  measure  of  value,  and  so  to  have  stopped  the 
issue  of  electrum  coins  in  the  mint  of  Sardes, 
and  in  the  place  of  them  to  have  substituted 
pieces  of  pure  gold  struck  on  the  light  Baby- 
lonian gold  standard  (126  grains)  and  pieces  of 
fine  silver  struck  on  the  Babylonian  silver 
standard  (168  grains).  Of  these  coins,  which 
bear  as  type  the  head  of  a  lion  and  the  head  of 
a  bull,  many  specimens  survive  to  our  day. 
Ten  of  the  silver  pieces  were  equal  in  value  to 
one  of  the  gold,  being  considerably  heavier.  It 
is,  however,  the  view  of  M.  Six  that  this  mone- 
tarv  reform  was  the  work  not  of  Croesus,  but 
of  his  Persian  conqueror,  Cyrus  (Head,  Sistoria 
Numonun,  p.  546).  Darius,  son  of  Hystaspes, 
regulated  the  internal  affiiirs  of  the  Persian 
Empire,  and  introduced  a  state  coinage  on  the 
model  of  that  of  Lydia,  which  continued  un- 
changed until  the  overthrow  of  the  Persian 
Empire  by  Alexander  the  Qreat. 

The  coinage  of  gold  he  claimed  as  his  own 
peculiar  pririlege,  and  insisted  on  his  exclusive 
right  in  this  matter  with  so  much  vigour  that 
it  became  a  settled  principle  of  Persian  rule 
that  no  power  in  Asia,  save  the  Great  King 
only,  had  the  right  to  issue  money  of  gold. 
The  staters  of  Darius  were  in  weight  identical 
with  those  of  Croesus  (128-130  grains).  They 
were  called  Darics,  perhaps  from  the  king  who 
instituted  them ;  also  rti&rai.  [See  Darxcus.] 
Darius  issued  also  silver  coin,  in  shape  and  type 
similar  to  the  gold.  He  adopted  as  his  mone- 
tary unit  the  half  of  that  of  Croesus,  at  the 
same  time  somewhat  raising  the  standard.  Thus 
the  silver  pieces  called  viyXoi  or  shekels  weighed 
about  86  grains,  and  twenty  of  them  were 
equivalent  in  value  to  a  Daric.  [See  SiaLCrs.] 
But  the  right  of  issuing  silver  money  was  not 
reserved  exclusively  to  the  king.  Satraps,  es- 
pecially when  in  command  of  military  expe- 
ditions, were  allowed  to  strike  in  silver,  to 
adopt  any  types  or  derices  they  might  think 
proper,  and  even  to  place  their  names  on  the 
coin.  The  cities  of  the  Asiatic  coast,  of  Lycia, 
and  of  Cyprus  were  allowed  to  have  coins  of 
their  own.  In  these  cases  the  standard  was 
the  same  as  that  of  the  siglos,  but  the  pieces 
issued  were  usually  of  the  weight  of  two  sigh 
(about  172  grains).  The  cities  of  Phoenicia,  on 
the  other  hand,  which  issued  silver  coin  in 
great   abundance,    retained,  Aradus   excepted, 


448 


PONDERA 


FONDEBA 


their  ancient  silver  standard.  Such  was  the 
general  nature  of  the  Asiatic  issues  of  coin 
until  the  Persian  Empire  fell. 

But  we  must  now  trace  the  rise  of  coining  in 
Greece  proper  \  and  for  this  purpose  return  to  a 
period  before  the  date  of  Darius.  We  hare 
already  mentioned  that,  probably  as  early  as 
the  seventh  century  B.C.,  the  cities  of  Euboea 
minted  electrum  on  the  Babylonian  gold  stan- 
dard (130  grains),  and  Aegina  on  the  Phoenician 
silver  standard  (230  grains).  At  this  period 
the  cities  of  Euboea,  together  with  Corinth  and 
Aegina,  were  the  great  commercial  states  of 
Greece.  So  it  is  not  surprising  that  with  these 
issues  in  electrum  all  the  coinage  of  Greece 
proper  took  its  rise.  A  coinage  in  electrum, 
however,  could  not  exist  long  in  Greece,  for  the 
substance  of  which  it  was  formed  had  to  be  im- 
ported from  Aaia  Minor.  Silver,  on  the  con- 
trary, was  abundant  in  Hellas,  being  procured 
in  large  quantities  and  many  places,  especially 
in  Thrace.  [See  ABOBNTnM.J  It  was  therefore 
natural  that  the  cities  of  Greece  proper  should 
have  adopted  silver  for  their  currencies.  But 
in  so  doing  they  adhered  in  the  main,  as  we 
shall  see,  to  the  standards  which  had  reached 
them  from  Asia. 

Herodotus  states  that  it  was  Pheidon,  king 
of  Argos,  who  regulated  the  measures  of  the 
Peloponnese  (Heroid.  vi.  127);  and  Ephorus, 
quoted  by  Strabo  (viii.  pp.  358  and  376)^  saya 
that  he  struck  pofucfut  rh  re  AkKo  jcoI  t^ 
iipyvpovif  at  the  island  of  Aegina.  Certainly 
some  of  the  earliest  of  the  coins  of  Greece 
proper  were  the  electrum  and  silver  money  of 
Aegina,  bearing  the  type  of  a  tortoise.  Accord- 
ing to  Herodotus  (vi.  127),  Pheidon's  son  was 
one  of  the  suitors  of  Agariste,  daughter  of 
Cleisthenes  of  Sicyon.  If  this  be  true,  his  date 
must  be  brought  down  to  that  of  Cleisthenes, 
about  600-680  B.O. ;  and  we  agree  with  linger, 
who  has  discussed  the  whole  question  of  the 
date  of  Pheidon  in  the  Phihhgua  (vols.  28,  29), 
that  there  is  good  reason  to  believe  that  there 
was  a  Pheidon  ruling  in  Argos  at  that  period. 
The  testimony  of  Herodotus  is  too  clear  and 
explicit  to  be  rejected.  And  this  king  it  must 
certainly  have  been  who  introduced  coins  into 
Greece.  It  is  contrary  to  all  evidence  to  place 
that  introduction  at  so  early  a  period  as  the 
eighth  Olympiad. 

Whether  it  was  this  Pheidon  who  also  regu- 
lated the  measures  of  the  Peloponnese  may  be 
considered  more  doubtful.  That  the  same 
ruler  regulated  the  weights  also  is  not  stated 
by  HenKlotus,  but  is  probable.  That  there 
was  an  earlier  Pheidon  is  proved  by  a  mass 
of  testimony ;  and  the  explicit  statement  of 
Pausanias  (vi.  22,  2)  that  he  presided  at  the 
eighth  Olympic  festival  appears  too  definite  to 
be  disputed.  The  conjecture  of  Weissenbom,' 
who  wuhes  to  substitute  twenty-eighth  for 
eighth,  is  rightly  rejected  by  Unger,  and  has 
indeed  nothing  in  its  favour,  besides  being  quite 
inconsistent  with  the  testimony  of  Her^otus ; 
and  it  may  be  this  earlier  Pheidon  who  regu- 
lated Peloponnesian  weights  and  measures. 

In  any  case  we  may  allow  the  truth  of  the 
tradition  that  silver  coin  was  first  struck  in 
Hellas  proper  in  the  island  of  Aegina.  Of  this 
very  primitive  coinage  we  possess  many  speci- 
mens.   Their  type  is  a  turtle,  the  emblem  of 


the  Phoenician  goddess  of  trade.    One  specimen 
in  the  British  Museum  weighs  211  grainSf  bot 
few  weigh  more  than  200  grains.    It  is  difficult 
to  determine  whence  the  Aeginetans  or  Argives 
derived  this  standard,  which  ia  tailed  the  Aegi- 
netan.      It    is   possible    that   it   is  merely  a 
slightly  degraded  form  of  the  Phoenician.  Argos 
had  been  from  early  times  in  constant  commer- 
cial intercourse  with  the  Phoenicians,  and  long 
before  the  invention  of   coinage  the  Argives 
must  have  been  in  the  habit  of  using  bsn  of 
metal    of   fixed  weight.     It   is  possible  that 
Pheidon,  in  regulating  the  weight  of  the  Aegine* 
tan  stater,  thought  best  to  adapt  it  to  the  Babj- 
Ionic  gold  standard,  which  was  already  in  use, 
as  we  shall  see,  in  some  parts  of  Greece  for 
silver.      The  Babylonic  stater  weighing   130 
grains,  he  may  have  lowered  the  standard  of 
Phoenicia  (supposing  that  to  have  been  in  use  at 
Argos)  so  that  his  new  staters  should  weigh  196 
grains,  and  two  of  them  exchange  for  three  of 
the  Babylonic  staters.    Of  late  years  attempts 
have  been  made  to  deduce  the  Aeginetic  miaa 
from  the  water-weight    of   the    cube  of  the 
Olympic  foot,  and  so  to  connect  it  with  Hellenic 
systems  of  metrology. 

These,  however,  are  speculations;  what  is 
certain  is,  that  the  scale  of  the  coins  with  the 
tortoise  on  them,  a  scale  henceforward  called 
Aeginetan,  spread  with  great  rapidity  over 
Greece.  It  was  in  the  sixth  century  used  every- 
where  in  Peloponnesus  except  at  Corinth,  aad 
was  the  customary  standard  in  the  Cyclades;  in 
Thessaly,  Boeotia,  and  the  whole  of  Northern 
Greece,  except  Euboea;  and  some  parts  of 
Macedon.    Its  weights  are  as  follows : — 

Grsmmes.  Oiaios. 

Talent  .               •    3T,800  606,000 

Mina    ...         630  6,150 

fitater  (didradun) .           12*60  196 

Drachm                              6*30  67 

Obol      .        .                     1*06  16 

It  will  be  seen  that  we  here  reach  new  terns, 
— stater,  drachm,  and  obol.  The  first  is  bat  a 
rendering  of  the  Semitic  word  ihekel  [iee 
Stater].  But  the  other  terms  are  of  Greek 
origin.  The  drachm  became  in  Greece  the  nnit 
in  which  calculations  of  weight  and  of  modey 
were  made,  and  the  obol,  which  was  the  sixth 
part  of  the  drachm,  was  the  coin  used  for  small 
payments.    [See  Drachma.] 

The  only  other  standard  in  use  in  Greece 
proper  before  the  time  of  Solon  was  the  Euboic 
This  was  identical  with  the  light  Babyloniao 
gold  standard.  The  silver  staters  struck  on  the 
Euboic  standard  at  Chalds  and  Eretria  weighed 
about  130  grains.  This  Euboic  standard  ob- 
tained currency  in  some  other  parts,  such  ts  the 
island  of  Chios.  Herodotus  in  his  aoooimt  of 
the  tribute  paid  bv  the  Persian  Satrapies  (iii.  89) 
states  that  the  gold  was  measured  by  the  Euboic 
standard,  clearly  identifying  it  with  the  Persian 
official  standard  according  to  which  the  Danes 
were  coined.  In  the  course  of  the  fifth  century 
B.C.  we  find  Cumae  in  Campania  and  other 
Euboean  colonies  striking  on  a  standard  which 
is  apparently  the  Euboic,  the  coins  weig:hing 
from  120  to  110  grains.  But  about  the  middle 
of  the  sixth  century  B.C.  the  Attic  standard 
arose,  and  it  is  impossible  to  distinguish  hence- 
forth the  history  of  the  Euboic  from  that  of  the 
Attic  standard. 


PONDERA 


PONDEBA 


44D 


la  the  time  of  Solon  the  itandard  used  at 
Athens  for  weighiDg  both  merchandise  and  the 
predoas  metals  was  the  Aeginetan.  Whether 
actasl  coins  were  minted  then  at  Athens  is  un- 
certain ;  at  all  events,  none  surrive  to  our  dav. 
It  M  probable  that  Athens  was  still  trading  with 
bars  of  silrer  of  Aeginetan  weight,  or  adopting 
the  rode  coins  issued  in  quantities  by  Aegina 
and  copied  in  all  parts  of  Greece.  Solon,  as  we 
are  told  hj  Plutarch  (JSolonf  15),  introducing  bin 
lavs  for  the  relief  of  debtors,  the  celebrated 
attffix^^  ordered  that  the  standard  of  the 
drachm  should  be  lowered  to  ^  of  what  it  had 
prerioaslr  been ;  that  is  to  laj,  that  the  weight 
vt'  the  drachm  should  be  lowered  from  95  grains 
to  (>8,  hot  that  debts  contracted  in  the  old  cur- 
rency might  be  discharged  in  the  new,  the 
«i<'btors  thus  gaining  27  per  cent.  The  Aegine- 
tan mina  was  still  retained  as  a  weight  for 
merchandise,  as  we  know  both  from  several 
Aurriving  specimens  of  Athenian  weights,  and 
frvm  the  testimony  of  a  popular  decree  of  later 
time  (Boeckh,  C.  I.  123)^  which  reckons  the 
commercial  mina  at  138  silver  drachmas.  Fur- 
ther, Priscian  states  the  larger  Attic  (eommer> 
cial)  talent,  which  was  of  course  equal  to  60  of 
iu  own  minae,  to  be  equivalent  to  83)  of  the 
oniinarj  minae.  These  three  testimonies  agree 
then  sccuratelj  as  to  the  relations  of  the  pre- 
^loQJc  and  the  Solonic  weights  of  Attica ;  and 
Ai  the  coins  of  Athens  of  the  Solonic  standard 
^arrive  in  great  quantities,  there  Is  nothing  in 
the  above  account  which  admits  of  any  doubt. 
It  may  Indeed  excite  surprise  that  Solon  should 
lure  lighted  on  so  strange  a  proportion  as  fjm  for 
the  redaction  of  the  coin.  Most  recent  writers 
hare  supposed  that  his  motive  was  to  assimilate 
the  new  standard  to  the  Eubolc,  which  it  only 
sli^htlj  exceeds  In  weight;  but  there  is  here 
room  for  doubt.  For  it  does  not  appear  why,  if 
such  were  his  intention,  he  should  not  have  at 
once  adopted  a  depreciation  of  33  per  cent.  If 
he  had  Issued  the  new  coin  of  two-thirds  the 
veigbt  of  the  old  coins  or  bars,  he  would  have 
girea  greater  ease  to  debtors,  have  lighted  oA 
Aft  easy  and  simple  proportion,  and  almost 
exactly  adopted  the  existing  Euboic  weight. 
Attention  is  due  to  an  ingenious  suggestion  put 
forth  by  Mr.  Poole  {Diet,  of  the  Bible,  art. 
^^ Weights  and  Measures")  that  the  new  Solonic 
^tand&rd  is  more  likely  to  have  been  borrowed 
t'rom  Egypt  than  from  Asia  Minor.  We  have 
already  seen  that  the  Egyptian  unit  of  weight, 
the  kst,  weighed  about  9  grammes  or  140 
((rains,  snd  the  Solonic  drachms  of  Athens  are 
thai  nearly  of  the  weight  of  half  a  kat. 
1'he  intercourse  between  Egypt  and  Attica  was 
la  Solon's  time  very  close ;  and  it  is  far  from 
improbable  that  in  departing  from  the  national 
Maadsid  of  the  Greeks  he  should  adopt  that  of 

The  wdghts  of  the  units  of  the  Solonic 
<Uttdard,  henceforward  known  as  the  Attic,  are 
*•  follows : — 


Talent 
XiBa 


Obd 


Orammes. 

Oimins. 

36,400 

405,000 

440 

0,710 

4>40 

67*6 

•73 

11*26 

THe  ordinary  coin  was  the  tctradrachm  of  about 

£>()  grams. 

The  only  remaining  standard  early  used  in 
VOL  IL 


Greece  proper  was  the  Corinthian.  This  has  the 
same  unit  of  value  as  the  Euboic;  namely,  a 
stater  of  130  grains,  the  weight  of  which  rises 
under  Athenian  influence  to  135  grains.  But  in 
the  subdivisions  of  this  stater  the  Corinthian 
mint  took  a  line  peculiar  to  it&elf.  With  it  the 
drachm  was  not  half  but  a  third  of  this  unit, 
and  the  obol  again  a  sixth  part  of  that : — 


Grammes. 

Grains. 

SUter  . 

8*80 

135 

Drachm 

2-93 

4ft 

Obol     . 

•40 

7-ft 

As  many  of  the  Corinthian  coins  bear  marks 
of  value,  this  fact  cannot  be  disputed.  Also 
Thucydides  (i.  27)  mentions  the  Corinthian 
drachm  as  a  thing  apart.  The  reason  of  this 
method  of  division  has  been  disputed.  Mommseii 
(p.  61)  is  inclined  to  see  in  it  a  reminiscence  of 
the  Asiatic  origin  of  the  weight.  But  it  is  not 
improbable  that  the  (^rinthiiin  drachms  or* 
45  grains  were  intended  to  pass  as  Aeginetan 
hemidrachms,  of  which  the  weight  was  about 
the  same.  The  money  of  Aegina  and  Athens 
would  naturally  meet  in  the  market  of  Corinth ; 
and  the  Corinthian  coin  seems  to  have  been 
specially  adapted  to  mediate  between  the  two. 

We  must  now  follow  the  course  of  the 
invention  of  money  westwards  to  Italy  and 
Sicily.  It  is  almost  certain  thnt  when  the 
people  of  Phocaea  migrated  to  Velia  in  Italy, 
about  B.C.  543,  they  took  with  them  the  art  of 
coinage.  But  at  about  this  period  the  Achaean 
cities  of  Southern  Italy — Sybaris  and  Poseidonia, 
Rhegium  and  Caulonia,  with  Croton,  Tarentum, 
and  other  towns — were  already  issuing  money 
much  of  which  still  remains  in  our  Museums, 
and  is  remarkable  for  bearing  the  same  type  on 
both  sides ;  on  one  side  in  relief,  on  the  other  in 
intaglio.  This  money  is  apparently  struck  on 
the  Euboic  standard  which  the  people  of  Chalcls 
and  Corinth  had  already  introduced  in  these 
regions.  At  some  cities  the  drachm  is  half  the 
stater,  as  in  Euboea;  In  some  a  third  of  it,  as 
at  Corinth.  Its  date  is  certain,  for  we  have 
specimens  minted  at  Sybaris  and  Siris,  which 
were  destroyed  not  later  than  B.C.  510.  At 
about  the  latter  date  Syracuse  as  well  as 
Zancle,  Naxos,  and  other  Chalcidian  colonies 
in  Sicily  began  to  issue  coin.  The  Chalcidian 
cities,  for  some  unexplained  reason,  began  by 
issuing  pieces  weighing  about  90  grains,  which 
must  therefore  either  be  drachms  of  the 
Aeginetan,  or,  more  probably,  didrachms  of  the 
Corinthian  standard,  but  they  soon  adopted — 
as  Syracuse,  Gela,  and  Leontini  did  from  the 
first — ^the  Attic  standard,  and  struck  coins  as 
follows  :— 


Tetiadnchm 
DIdracbm 
Drachm  . 
Hemldracbm 
Oiwl 


270 

13S 
67 -S 
33*75 
11*26 


grains 


tf 


If 


But,  in  addition  to  the  obol,  we  find  at  Syracuse 
a  litra  weighing  about  13|  grains.  In  order  to 
explain  its  relation  to  the  other  coins,  it  is 
necessary  to  give  some  account  of  the  systems 
of  weighing  rad  the  monetary  systems  of  Italy 
and  Sicily.  (See  below,  p.  455.)  Among  the 
purely  Greek  citief  of  these  regions  we  do  not 
find,  until   a   oomparatirely  late  period,  any 

2  Q 


450 


PONDERA 


PONDERA 


standards  in  use  for  monej  except  the  Euboic 
and  the  Attic. 

Monetary  Standards  of  Greece  at  the  time  of 
the  Fehponnesian  War. — If  we  attempt  a  jreneral 
survey  of  the  standards  employed  by  the  Greeks 
for  money,  say  «it  about  the  year  b.c.  420,  we 
must  confine  ourselves  carefully  to  generalities. 
The  monetary  history  of  each  city  is  a  study, 
sometimes  an  Intricate  one,  and  we  might  often 
fail  to  find  reasons  for  the  adoption  of  this  or 
that  standard  in  turn.  But  a  more  general 
survey  is  not  impossible.  In  Sicily,  as  has 
already  been  stated,  the  Attic  standard  was 
universal;  the  ordinary  coin  was  the  tetra- 
drachm;  didrachms,  hemidrachms,  and  obols 
were  in  use,  and  decadrachms  occasionally 
struck.  [See  Daxareteion.]  In  Italy,  that 
is,  the  Greek  colonies  of  S.  Italy,  the  Enboic 
standard,  appreciably  lower  than  the  Attic,  was 
in  general  use ;  but  the  standard  coin  was  not 
the  tetradrachm,  but  the  didrachm,  which  Is  said 
at  Tarentum  to  have  been  called  yovfifus.  [See 
Nttmmus.]  In  Hellas  proper,  including  Epims 
and  Thessaly,  the  Aeginetan  standard  was 
almost  universal.  The  exceptions  were  Athens, 
where  the  Attic  standard  prevailed ;  and  Corinth, 
together  with  the  Corinthian  colonies  in  Acar- 
nania,  which  minted  as  was  natural  on  the 
Corinthian  standard.  The  iron  money  of  Laconia 
was  of  Aeginetan  standard,  the  Tikavop  being 
of  the  weight  of  an  Aeginetan  mina.  Crete 
and  the  islands  near  the  European  coast  also 
used  the  Aeginetan  weights.  In  Macedonia 
several  standards  were  in  use.  The  kings  of 
Macedon  in  the  fifth  century  used  the  Persian 
silver  standard  for  their  coins;  but  the  cities 
of  Chalcidtce  mostly  used  the  standard  of  their 
Euboean  mother-city,  somewhat  raised,  in  fact 
raised  nearly  to  the  Attic  level ;  and  the  rude 
tribes  of  Mount  Pangaeum,  who  coined  very 
largely,  used  a  somewhat  degraded  form  of  the 
Persian  or  Babylonian  silver  standard,  their 
staters  not  weigliing  more  than  160  grams. 

On  the  shores  of  the  Black  Sea  the  Persian 
standard  was  almost  universally  in  use  ;  Sinope, 
Amisus,  and  other  cities  issuing  large  numbers 
of  coins  of  the  weight  of  the  Persian  siglus, — 
that  is,  of  about  86  grains.  Probably  three  of 
these  prices  went  in  exchange  for  an  Attic 
tetradrachm.  In  other  parts  of  Asia  Minor,  in 
some  of  the  Ionian  cities,  as  Colophon,  in  Lycia 
and  Cyprus,  the  same  Persian  standard  was  in 
use;  but  in  the  southern  district  the  double 
siglus  of  170  grains  or  thereabouts  was  more 
usual  than  the  single  one.  Some  of  the  great 
cities  of  the  west  coast  retained  the  Phoenician 
silver  standard,  which,  however,  varied  some- 
what from  place  to  place.  At  Ephesus  the 
stater  sometimes  exceeded  230  grains ;  at  Samos 
it  seldom  weighed  more  than  205  grains.  The 
Samian  standard  ruled  in  the  African  colony  of 
Cyrene.  The  cities  of  Phoenicia  about  this  time 
began  to  strike  coins  on  their  original  standard. 
At  this  time  no  gold  coin  except  the  Persian 
Darics  was  anywhere  current.  But  electrum 
coin  was  issued  in  great  quantities  by  the  city 
of  Cyzicus.  The  standard  used  by  that  city  was 
the  Phocaic  of  260-250  grains,  and  the  denomi- 
nations issued  were  the  stater  and  the  hecte  or 
sixth.  [See  Stater  and  Hecte.]  Lampsacus 
also  issued  electrum  coin. 

History  of  Coinage  in  the  Levant  after  B.C.  420. 


— ^In  408  B.a  the  city  of  Rhodes  was  founded. 
The  origin  of  this  city  coinciding  so  near))'  with 
the  humUiation  of  Athens  by  Lysaoder,  tbf 
commerce  of  Rhodes  spread  rapidly  over  all 
seas.  The  Rhodians  adopted  from  the  first  « 
standard  of  their  own,  which  seems  to  have  been 
a  variety  of  the  Phoenician.  Their  tetradrachm 
weighed  at  first  240  grains,  though  in  the  coofk 
of  a  century  it  sank  to  220  grains.  This  standani 
made  its  way  in  the  fourth  century  rapid  It 
among  Greek  states.  King  Mansolos  of  Caria 
adopted  it.  And  even  the  distant  OlynthuN 
head  of  the  Chalcidian  league,  struck  money  on 
the  same  standard :  thence  it  was  adopted  l>r 
Philip  of  Macedon  for  his  silver  coId. 

•  The  early  years  of  the  fourth  centnrr  saw  i 
copper  or  rather  bronze  cmnage  spring  op  in 
most  cities  of  Greece  proper  and  the  Greek 
colonies  in  Italy  and  Sicily.  Hitherto  for  small 
change  the  Greeks  had  used  minute  pieces  of 
silver.  Pieces  of  the  weight  of  two  grains  tror, 
representing  two  chaici  or  the  fourth  part  of  an 
obol,  were  commonly  used  at  Athens,  and 
survive  to  our  day.  Copper  money  was  at  first 
scouted,  as  we  see  from  the  language  of 
Aristophanes  {Eocles.  81 8)^  but  it  gradaallr 
made  its  way  by  its  superior  convenience.  At 
about  the  same  time  gold  was  first  minted  br 
Greeks.  Small  pieces  first  make  their  appearaott 
in  Sicily ;  but  before  the  middle  of  the  fourtk 
century  gold  staters  struck  on  the  Attic  standard 
were  issued  in  considerable  numbers  by  Olvnthas, 
Panticapaenm,  Athens,  Lampsacus,  Cias,  Rhodes 
and  other  cities,  eventually  driving  ont  cf 
circulation  the  electrum  money  of  Cyzicos  asd 
Lampsacus. 

When  Philip  of  Macedon  acquired  the  gold 
mines  of  Thraoe,  he  began  issuing  large  qoanti- 
ties  of  gold  coins  with  his  own  types.  And  as 
in  the  case  of  his  issues  in  silver,  so  in  those 
in  gold,  he  adopted  the  standard  already  corrent 
in  Chalcidice,  the  wealthiest  and  most  drilisH 
part  of  his  dominions.  That  is  to  say,  he  rointe«i 
gold  didrachms  of  the  Attic  standard,  those 
didrachms  which  soon  became  notorioas  all 
over  the  world.  They  opened  to  Philip  the 
gates  of  many  a  Greek  city»  they  constitute! 
the  greater  part  of  the  wealth  of  the  capitalists 
in  Greece  and  Italy,  and  they  were  copied  bj 
the  barbarous  nations  on  the  northern  frontiers 
of  Greece  and  even  by  the  remote  tribes  of  Gaol 
and  Britain. 

But,  as  in  other  departments  of  Greek  actiritr. 
so  in  the  coinage,  the  greatest  of  epochs  i> 
furnished  by  the  life  of  Alexander  the  Gr>>at, 
Alexander  adopted  throughout  his  vast  dominioDf 
the  Attic  standard  of  weight  for  both  silver 
coins  and  gold.  We  must  pause  for  a  morQert 
to  consider  his  objects  in  takmg  this  rooasarr. 
Hitherto  almost  all  cities  which  issued  b<>tb 
gold  and  silver,  Athens  excepted,  had  uaM  ^ 
different  standard  for  the  two  metals.  TK<* 
ratio  of  value  between  gold  and  silver  being,  i" 
we  have  above  seen,  as  13^  to  l,it  was  necesbary 
that  the  standards  should  be  different  in  order 
that  a  round  number  of  silver  staters  should 
exchange  for  one  gold  stater.  In  Asta  tht 
Euboic  standard  was  in  use  for  gold,  and  either 
the  Babylonic  silver  standard  or  the  Phoenicun 
for  silver.  Gold  was  seldom  minted  in  Enrol*' 
but  the  states,  such  as  the  Olvnthian  leaeof 
and  Macedon,  which  did  issue  gold  coiO|  minted 


FONDEBA 


PONDEBA 


451 


it  of  Attic  weight,  at  the  same  tim^  that  they 
adopted  for  their,  silver  one  of  the  Asiatic 
standaids*  This  procedure  was  obyiooslj  desir- 
ible  so  loof^  as  the  old  relation  of  valae  between 
gold  aad  lolTer  was  maintained.    But  in  the 


time  of  Philip  of  Macedon,  consequently  on 
the  actire  use  made  by  that  king  of  the  rich 
gold  mines  of  Thrace,  the  Talue  of  gold  in 
proportion  to  that  of  silver  fell.  Alexander 
seems  to  have  perceived  that  in  conseqaence  it 


Greek  Coinage. 

1 

DDdMsdraciim* 

No.  of 

dracbmsor 

putofa 

dnchm. 

Fhoenl- 

dan, 

Rhodian. 

BabyUmlc, 
Fenian. 

Ssmian. 

Aegine- 
tan,  a»- 
topboric 

Eaboio. 

Attic 

GoHn- 
thiao. 

r 

12 

690 

DMndncbm    . 

10 

675 

676 

Odadrarhm 

8 

460 

TcCndmdtm  , 

4 

230 

210 

260 

270 

1 

Mdnchm 

3 

136.. 

DidncluBi  .     . 

2 

116 

172 

106 

194 

130 

135 

iiukffludncom 

1| 

67*6 

IkMcfam     .    . 

1 

6r8 

86 

'    62*6 

97 

66 

67-6 

46 

TttnbfA    .     . 

i 

38*3 

67*3 

35 

43*3 

46 

Heaiidiachm  . 

28*7 

•   43 

26*2 

48*6 

32*5 

33'7 

22*6 

DIotot  .     .     . 

1 

16*2 

28-6 

17-6 

32-3 

21*6 

22'6 

16 

lYUwmidbol    . 

♦ 

14*3 

21*6 

13' 1 

24*2 

16*8 

11-2 

Obol     .    .    . 

9*6 

14-3 

8t 

16*1 

10 '8 

11-2 

7-6 

Tritartemorion 

1: 

7-2 

10*7 

12*1 

8-4 

Hemiobol  .     . 

g 

4*6 

7-1 

4-3 

8 

5*4 

6-6 

3-7 

TctartsBoriQn 

2*4 

3'6 

4 

« 

2-8 

-     1-8 

Attic  Standard, 

Gold. 

Blectmm. 

Silver. 

£     «.  d. 

A     $.   d. 

£     «.  d. 

Tikat .    •    . 

3376    0    0 

2631    6    0 

210  18    9 

Hiitt    .    .     . 

56    6    0 

42    3    9 

3  10    8| 

DNsdradun 

6  12    6 

4    4    44 

0    7    04 

Tktndndun  • 

2    6    0 

1  18    9 

0    2    9| 

DMncfaa  .     . 

12    6 

0  16  104 

0     1     5 

Dncbm     .     . 

0  11    3 

0    8    5i 

0     0    84 

Hanidnchm  . 

0    6    7i 

0    4    24 

0     0    44 

Obol     .    .    . 

0    1  lOi 

0    16 

0    •     14 

HecDiobol  .     . 

0    0  114 

0    0    84 

0    0    04 

4 

AeginOan, 

Phoenician, 

SUver. 

Slectrtim. 

Silver, 

£     s.   cL 

£     M.   d. 

£     9,   d. 

Ttlent  .  ..  .. 

303    2    6 

2156    6    0 

179  13    9 

IBu    .    .     . 

5    I    04 

35  18    9 

2  19  lOf 

Dttadncfam 

0  10    l| 

3  11  104 

0    6    Ol 

•vQ!SBM£OflA 

0    4    Oj 

18    9 

0    2    4fl 

Udnchin  « 

0    2    OJ 

0  14    44 

0    1    24^ 

0     10 

0    7    34 

0    0    74^ 

"WWyiyg^l^lH 

0    0     6 

0    3    7 

0    0    3« 

ow     .    .    . 

0    0    2 

0    1    24 

0    0    1« 

HaaioM  ;     . 

0    6    1 

0    0    74 

0   0   ofl 

Gold. 

Electrom. 

SUver. 

£     s.   d. 

£    «.   d. 

£     f.  d. 

Tikni.     .     . 

4300    0    0 

3226    0    0 

268  15    0 

Mtos    .     .     . 

71  13    4 

53  15    0 

4    9    7 

TkttdnOan    . 

7    3    4 

6    7    6 

0    8  114 

Tctndtaebm  . 

2  17    4 

2    3    0 

0    3    7 

DUndtm  .    . 

18    8 

1     1    6 

0    1    9< 

Dnchm     .     . 

0  14    4 

0  10    9 

0    0  101 

0    7    2 

0    6    44 

0    0    64 

OM     ,    .    . 

0    2    4f 

0    1    94 

0    0    1| 

Ucnigtel  .    . 

•    I    24 

0    0  10| 

0    0    0| 

was  impossible  to  maintain  a  double  standard 
aad  to  secure  that  a  certain  number  of  silver 
staters  should  always  pass  for  a  gold  one.  He 
therefore  minted  both  metals  on  one  standard, 
in  order  tbat  when  the  ratio  of  value  of  silver 
to  gold  was  1:12a  gold  didrachm  should  ex- 
change for  six  silver  tetradrachms,  when  the 
ratio  was  1  •  10  a  gold  didrachm  should  exchange 
for  5  tetradrachms,  and  so  forth.  It  was  no 
doubt  stated  or  else  implied  in  all  promises  of 
payment  whether  gold  or  silver  was  to  be  the 
metal  employed. 

Gold  continued  to  be  minted  in  the  name  and 
with  the  types  of  Alexander  in  many  cities  of 
Asia  for  many  years  after  his  death,  and  silver 
for  more  than  a  century  longer. 

The  successors  of  Alexander  coined  In  their 
various  cities  immense  quantities  of  money  in 
gold  and  silver.  The  Ptolemies  of  Egypt  used 
the  Phoenician  standard  for  both  gold  and  silver, 
but  the  Attic  standard  was  the  one  in  general 
use  by  the  kings  of  Macedon,  Syria,  Pergamus, 
Bithynia,  Bactria,  and  India,  as  well  as  by  the 
Parthians.  But  it  would  be  a  mistake  to  sup- 
pose that  all  issues  except  regal  ones  came  to  an 
end,  either  in  Asia  or  £urope.  In  Asia  we  find 
cities  like  Ephesus,  Miletus,  Colophon,  and 
Rhodes,  continuing  their  old  coinages,  with  types 
and  even  standards  unchanged.  In  European 
Greece  some  cities,  such  as  Athens,  Corinth,  and 
Elis,  continue  their  issues  as  of  old,  altering  the 
style  of  their  coins  to  suit  the  taste  of  the  age. 
But  a  new  feature  is  preoented  by  the  federal  coin- 
ages of  the  new  political  leagues.  The  cities  of  the 
Achaean  league  issue  a  uniform  series  of  coins, 
only  bearing  at  each  city  a  different  monogram 
or  mint-mark.  Their  silver  coins  are  Aeginetan 
hemidrachms,  or,  which  is  the  same  thing, 
Corinthian  drachms.  The  Acamanian  and  Aeto- 
lian  leagues  follow  the  Aeginetan  standard. 

The  only  great  innovation  which  takes  place 
after  this  in  the  coinage  of  Asia  Minor  is  the 
introduction^  of  the  coins  called  Cistophori,  on 
account  of  their  type,  which  is  the  data  mystica 
of  Dionysiac  worship.     These  coins  were  fii^st 

2  a  2 


452 


PONDERA 


struck  in  the  times  of  the  later  kiDgs  of  Per- 
gamtu,  and  were  peculiar  to  the  West  and  Inte- 
rior of  Asia  Minor.  They  follow  the  Aeginetan 
standard,  with  the  ranety  that  what  was  called 
ft  didrachm  in  the  case  of  the  Aeginetan  coins 
was  usually  called  a  tetradrachm  in  the  case  of 
the  Cistophori.  The  CJistophoric  drachm  was 
therefore  equivalent  to  an  Aeginetan  hemi- 
drachm,  or  a  Corinthian  drachm.  How  this 
standard  originated  is  not  known,  but  the  coins 
struck  on  it  formed  the  main  part,  together 
with  the  drachms  of  Rhodes,  of  the  currency  of 
Asia  Minor  during  the  first  century  B.C.,  and 
pieces  of  the  same  class  were  issued  eren  under 
the  earlier  Roman  emperors.  And  by  this  time 
the  drachms  of  Rhodes  had  sunk  to  the  weight 
of  the  quarter  of  a  Cistophoric  tetradrachm. 

When  the  Romans  conquered  Asia,  they  intro- 
duced a  tariff  acoordiug  to  which  the  various  coins 
in  circulation  exchanged  as^ainst  the  denarius. 

The  first  set  of  the  preceding  tables  gives  the 
approximate  weights  of  the  Greek  coins  iu 
general  use ;  the  others  give  the  values  of  those 
coins,  roughly,  in  English  money  ^  reckoning  gold 
at  the  vuue  of  2d,  a  grain  Troy,  silver  at  5s, 
an  ounce  Troy,  and  electrum  at  l^d,  a  grain: 
for  although  as  a  matter  of  fact  electrum  seldom 
contains  {  of  gold,  yet  it  is  supposed  that  the 
ancients  valued  it  on  that  basis. 

In  this  way  we  get  the  metal  equivalents  of 
the  ancient  coins.  Their  equivalents  in  purchas- 
ing power  cannot  be  determined.  We  can  only 
say  quite  roughly  that  in  many  respects  a  silver 
drachm  in  Greece  would  go  almost  as  far  as  a 
sovereign  with  us.  The  daily  pay  of  a  mer- 
cenary in  later  Greece  was  four  Attic  obols, 
equal  in  weight  to  a  sixpence.  The  younger 
Cyrus  gave  his  soldiers  a  daric  (£1  Is.  Sd,)  a 
month.  Probably  these  mercenaries  were  able 
after  a  few  years'  service  to  retire  on  a  com- 
petency. Any  attempt  at  closer  comparison 
between  ancient  and  modern  prices  can  only 
serve  to  mislead. 

Qreek  Systems  of  Weight  for  Commodities, — 
The  history  of  the  weights  used  by  the  various 
states  of  Greece  can  thus  be  established  by  in- 
duction. From  the  testimony  of  a  few  coins  we 
can  easily  discover  the  weight  of  the  talent  and 
mina  according  to  which  they  were  minted. 
And  as  a  rule  the  talents  and  minae  used  for 
coins  were  those  used  for  other  goods.  But  to 
this  rule  the  exceptions  were  very  numerous. 
There  is  no  reason  to  think  that  peculiar  mone- 
tary standards,  such  as  those  of  Rhodes  and  of 
Samoa,  were  ever  applied  to  the  weighing  of 
merchandise.  And  tliere  are  reasons  for  sup- 
posing that  whereas  the  standard  used  for  coins 
had  at  all  times  a  tendency  to  fall,  the  standard 
used  for  merchandise  had  often  a  tendency  to 
rise.  So  even  if  originally  at  any  place  money  and 
merchandise  were  gpmeBpfid  by  the  same  weights, 
a  process  of  differ(pti»ii0ii  would  soon  set  in. 

There  is  indeed^  fi^r  i}«itermining  the  weights 
in  use  in  the  Greek  viarkets,  a  mass  of  material 
available  in  the  shane  of  extant  Greek  weights 
of  lead  or  bronze.  But  hitherto  this  material 
has  not  been  used  in  a  sufficiently  methodical 
manner.  And  there  are  very  great  difficulties 
inherent  in  its  u|e.  Firstly,  weights  of  lead, 
unlike  gold  and  silver  coins,  lose  weight  in  the 
.course  of  ages  by  decay  or  gain  weight  by 
oxidation  or    accretion,  so    that    the  originnl 


PONDEBA 

weight  of  any  extant  specimen  is  very  kanl  to 
determine.  Secondly,  very  few  existing  weight* 
have  inscriptions  sufficiently  exact  to  detemiDe 
their  date,  locality,  and  denomination.  And, 
thirdly,  we  have  reason  to  believe  thst  the 
standards  which  prevailed  in  any  city  or  district 
were  not  carefully  adhered  to  by  the  shop- 
keepers, who  used  couMiderable  licence. 

The  statements  of  ancient  writers  on  metro- 
logy are  useful  to  us  in  the  case  of  two  cities, 
Athens  and  Alexandria.  But  they  are  of  litth 
authority  unless  we  can  verify  them  by  an 
appeal  to  extant  monuments,  since  the  antho> 
rity  of  these  writers  is  small,  and  numbers  an 
notoriously  liable  to  alteration  and  corruption 
in  the  MSS. 

Under  these  circumstances  we  shall  venture 
to  do  little  beyond  giving  a  sketch  of  the  metro* 
logical  systems  of  Athens  and  Alexandria.  Lists 
of  extant  weights  will  be  found  in  the  papers  of 
Schillbnch  (Annaii  deliWnstituto,  1865),MarnY 
(^Numismatic  Chronicle,  1868X  longp^er  {An- 
nali  deir  Inst,,  1847),  R.  S.  Poole  {Diet,  of  tk 
Bible,  art.  '*  Weights  '*),  and  elsewhere. 

Athens, — In  the  case  of  this  city  we  knov 
from  'existing  inscriptions  and  extant  weights 
what  standards  were  used  for  weighing  varioos 
articles. 

First,  there  was  the  usual  Attic  or  Solo&ir 
standard,  corresponding  in  use  to  our  Tror 
weight.  This  is  the  standard  on  which  all  the 
coins  of  Athens  from  first  to  last  were  struck. 
It  was  also  used  for  weighing  all  precious 
articles  of  gold  and  silver.  This  we  know  from 
the  lists  of  the  treasure  stored  in' the  Parthenon, 
which  are  still  preserved.  The  same  standar<i 
was  used  for  their  drugs,  not  only  by  the  phy- 
sicians of  Attica,  but  by  those  of  Alexandria 
and  other  cities.  In  the  writings  of  Galen,  for 
example,  the  weights  are  giren  according  to  ih^ 
Solonic  standard.  Of  the  extant  leaden  weights 
of  Athens,  many  conform  to  this  standard. 

Others  among  the  existing  weights  of  Atheoi 
are  regulated  according  to  a  standard  just 
double  the  weight  of  the  Solonic  One  of 
them  marked  iPlTH  weighs  4,440  grains 
one  marked  TETAPT  3,218  grains,  and  one 
marked  H  M ITETAPT  1770  grains.  These  are 
clearly  fractions  of  a  weight  equal  to  two  minae 
of  Attic  standard,  but  used  as  a  unit  for  certain 
purposes  (12,800  to  14,200  grains).  The  excen 
in  case  of  the  heavier  specimens  need  not  trouble 
us;  it  is  extremely  common  to  find  Grefk 
weights  somewhat  above  the  standard;  and^n 
inscription  quoted  below  may  partially  explain 
the  fact.  What  is  important  at  present  is  the 
use  at  Athens  of  a  standard  of  double  weight. 
Probably  it  was  used  for  certain  specified  kinds 
of  goods  only.  It  is  not  mentioned  by  writers 
or  in  inscriptions. 

The  third  standard  in  use  at  Athens  was  the 
Commercial  or  Emporic.  This  also  is  followed 
in  many  extant  weights.  It  was  identical  with 
the  Aeginetan  standard  for  coins  of  which  we 
have  already  spoken,  with  a  mtna  of  about 
9,700  grains  (628*5  grammes).  It  corrMponded 
in  use  to  our  weight  avoirdniwis,  being  the 
ordinary  weight  in  use  in  the  market.  There  is 
a  very  important  Athenian  inscription  {€,  LG 
123)  which  throws  much  light  on  the  use  tf 
the  Solonic  and  tte  Emporic  standaids  at  Athens 
as  w«ll  as  on  other  matters  connected  with 


PONDERA 


PONDERA 


453 


weights.  It  nms  thas: — ^''The  Emporic  mina 
(jun  ifxwopucii)  shall  weigh  182  drachms  of  the 
2>t«phanephoros,  according  to  the  weights  pre- 
scrred  at  the  mint,  and  there  shall  be  added 
(thrown  in)  twelve  drachms  of  the  Stephane- 
|>horos ;  and  all  bargains  shall  be  regnlated  by 
this  mina,  except  in  cases  where  silver-weight  is 
ipcciallj  mentioned,  the  scales  being  balanced  so 
that  the  rod  is  level,  against  a  weight  of  150 
dnchms  of  the  Stepbanephoros."  The  inscrip- 
tion goes  on  to  say  that  in  every  Emponc  «'crr«(- 
funvw  (5  roinae)  cne  Emporic  mina  shall  be 
thrown  in,  and  in  every  Emporic  talent  five 
minae. 

From  this  inscription,  the  date  of  which  is 
somewhat  donbtful,  but  must  be  as  late  as  the 
third  centary  B.c,  and  is  probably  not  later  than 
the  first,  we  learn  (1)  that  the  Solonic  mina  and 
drachm  were  called  rod  Sre^oni^pov.  The 
Stepbanephoros  was  an  Attic  hero  or  daemon  in 
whose  temple  the  mint  was  in  early  times 
placed ;  thoa  the  drachms  called  after  him  were 
dnchms  of  money :  on  the  weights  the  Solonic 
mina  is  called  fu^a  9fifUHrta :  (2)  that  the  pro- 
portion between  the  Aeginetan  or  Attic  commer- 
cial mina  and  that  of  the  mint  remained  at 
138*100  (Jnst  aa  it  had  been  fixed  by  Solon) 
throughout  Athenian  history:  but  (3)  that 
Greek  weights  were  sometimes  arbitrarily  raised 
hj  aathority,  at  least  in  democracies.  In  this 
case  it  ia  acknowledged  that  the  commercial 
mina  does  not  exceed  138  drachms;  yet  all 
tellers  are  ordered  to  act  as  if  it  weighed  150 
drachms.  This  will  account  in  part  for  the 
carious  fact  that  ancient  weights  so  often  exceed 
their  nominal  standard.  The  ^ov^,  or  weight 
thrown  in,  is  less  in  proportion  in  the  higher 
•lenominationa.  In  the  case  of  the  v^rrd/uwfp 
-0  per  cent,  is  to  be  added ;  in  the  case  of  the 
talent,  only  8  per  cent.  The  democratic  origin 
and  intention  of  this  distinction  are  obvious. 

That  the  Emporic  mina  was  also  called  the 
mina  of  the  Agoranomi  is  shown  from  the 
lascription  of  a  weight  found  at  Athens  which 
weighs  335  grammes,  HMl  ArOPANO  (Ann. 
<^/«s«.,  1865,p.  199> 

A  fourth  talent  of  quite  a  different  character 
vu  in  use  at  Athens  in  later  times.  It  is 
mentioned  by  the  poet  Philemon,  who  writes 
{Etjfm.  M.  s.  V.  rdKatrrO¥)j  A^'  «l  Kdfiot  rd\ayra, 
XP^ovt  l|  tx*"^  &ro(ircT«x.  From  which  it 
tppears  that  this  talent  was  made  up  of  three 
Attic  gold  staters  or  didrachms.  Six  drachms 
of  gold  may  rery  well  have  been  equivalent  to  a 
Ulent  of  copper  of  6,000  drachms. 


In  Greece  proper  it  is  very  probable  that  the 
Attic  and  Aeeinetan  standards  were  in  general 
use  from  early  times  to  late.  Indeed  the  Aegi- 
netan was  for  most  classes  of  goods  probably 
almost  universal.  But  as  we  have  few  or  no 
weights  bearing  marks  of  value  which  we  can 
with  certainty  attribute  to  cities  of  Hellas,  we 
are  unable  to  establish  this  by  the  satisfactory 
method  of  induction. 

Alexandria. — ^The  only  city  of  the  Levant 
besides  Athens  in  which  we  can  fully  trace  the 
systems  of  weight  in  use  is  Alexandria.  In 
this  case  our  guides  are  less  existing  weights 
than  the  statementa  of  late  writers.  As  these 
generally  use  for  their  standard  the  weight  of 
the  Roman  denarius,  which  is  certain,  their 
meaning  can  usually  be  fixed  with  accuracy. 
Bv  comparing  the  table  which  bears  the  name 
of  Cleopatra,  but  really  belongs  to  a  later  date 
(Hultsch,  Metrolog,  Script,  Religq,  p.  109^  with 
that  of  Galen,  the  eminent  physician  (Hultsch, 
p.  79),  and  with  others,  we  reach  the  following 
results : — (1)  The  standard  in  most  general  use 
at  Alexandria  seems  to  have  been  based  on  the 
Attic  mina.  In  the  prescriptions  of  doctors  this 
was  universal  until  a  late  time.  The  table  of 
Cleopatra  calls  it  4  M*^  pfu*  excellence.  Its 
weight  was  16  Roman  ounces  or  6,800  grains. 
(i2)  For  money  and  perhaps  other  things  the 
standard  usually  employed  was  the  Ptolemaic. 
The  Ptolemaic  mina  contained  the  weight  of  100 
Ptolemaic  drachms,  which,  as  we  have  seen, 
were  struck  on  Phoenician  weight.  After  the 
time  of  Nero  this  mina  was  sometimes  called  the 
Attic,  because  it  contained  100  of  the  denarii  of 
Nero,  which  were  commonly  considered  as  Attic 
drachms.  Its  weight  was  that  of  12^  Roman 
ounces  or  5,500  grains.  Besides  these  two 
minae  and  the  Roman  libra,  three  other  systems 
of  weight  were  in  use.  (3)  That  also  called  Ptole- 
maic, which  was,  as  Hultsch  points  out,  an 
Egyptian  weight  of  great  antiquity.  Its  mina 
contained  18  Roman  ounces,  7,650  grains,  and  it 
is  apparently  nothing  but  the  old  native  Egyp- 
tian standard.  (4)  That  called  Alexandrian.  Its 
mina  contained  20  ounces  (8,500  grains),  and  it  is 
identical  with  the  [Babylonian  or]  Persian  silver 
standard.  (5)  Tdkaarror  {vAuc^r,  used  for  wood 
only,  and  said  to  be  1  heavier  than  the  Ptolemaic 
standard.  It  was  a  local  weight,  rdKayrov 
iitix&ptiw.  It  was  very  nearly  equivalent  to 
the  Attic  weight. 

The  following  table  gives  the  values  of  the 
weights  thus  in  ordinary  use  in  Greece  and  in 
Egypt  during  the  age  of  their  autonomy : — 


Fart  of 

Mina. 

AttSo— Soloalan. 

Attic— Double. 

Aeginetan, 
Attic  commerciaL 

Ptolemaic, 
Late  Attic. 

Grammes 

Orslos 

Grammes 

OraiBB 

Qrammes 

Groins 

• 
Grammes 

Oraios 

TslcQt      .... 

60 

2e,43S 

408,000 

52,872 

816,000 

37,700 

582,000 

21,384 

330,000 

i%DtSflBBODA«       a 

ft 

2,203 

34,000 

4,406 

68,000 

3142-6 

48,500 

1,782 

27,500 

I>bBaa     .... 

2 

881*2 

13,600 

1762*4 

27,200 

1257 

19.400 

712*8 

11,000 

Utaa 

1 

440-6 

6,800 

881*2 

13,600 

628*6 

9.700 

366*4 

5,500 

Ucnimnaigii      •    . 

■  ■ 

220*3 

3,400 

440-6 

6,800 

314*3 

4.850 

178*2 

2.750 

Tiitemorieo  .     •    • 

.  , 

146*9 

2,266 

263-8 

4,632 

309*5 

3,233 

118-8 

1,833 

Tettrtemorioo    .     . 

f 

110*2 

1,700 

220-4 

3,400 

167-1 

2,425 

89*1 

1,375 

PnpCeinofflofi   . 
RcDlteUitenorkn 

88-1 
66*1 

1,360 
860 

176-2 
110*2 

2.720 
1,700 

125*7 
77*6 

1.940 
1,212 

71-2 
44*5 

1,100 

667 

TetradrMlaa     •    . 

i 

17*6 

272 

36*2 

644 

25*1 

388 

14*2 

220 

Inidnn    .    •     •    . 

4-4 

68 

8-8 

136 

6*2 

97 

3*6 

55 

Headdndim      .    . 

vis 

2  2 

34 

4*4 

68 

3*1 

48 

1*7 

37 

9xA 

^ 

•» 

12 

1*4 

23 

I'O 

16 

•« 

9 

454 


PONBEBA 


PONDBBA 


When  we  pass  from  Athens  and  Alexandria  to 
Asia  Minor,  Syria,  and  other  parts  of  the  Levant, 
we  iind  insurmonntahle  difficulties  in  the  way 
of  ascertaiidng  the  standards  of  weight  in 
general  nse.  The  number  of  published  weights 
coming  from  those  regions  and  bearing  inscrip- 
tions, sufficiently  clear  and  satisfactory  to 
enable  them  to  be  used  as  the  basis  of  induc- 
tion, is  very  small.  And  even  of  these  it  is 
very  difficult  to  determine  how  far  the  actual 
weight  has  been  diminished  or  increased  by 
burial  in  the  ground  and  consequent  chemical 
action.    It  is  probable  that  in  obscure  collec- 


tions and  museums  in  Ennme  and  the  Leraat 
there  may  be  many  unpublished  weights  which 
would  help  us  to  reach  a  securer  standing 
ground.  But  this  is  of  oourse  mere  nutter  of 
conjecture.  At  present  we  can  quote  little 
more  than  the  weights  mentioned  by  M.  de 
Longp^rier  (Ann.  delP  /fist,  for  1847X  by 
Brandis  (pp.  154--6Xand  bySchillbach  {Bednge 
zur  Qewvitskunde).  All  of  these  appear  to 
belong  to  the  period  subsequent  to  the  expedi- 
tion of  Alexander.  We  add  a  table  of  the  moit 
Important  specimens. 


Various  inscbibed  Gbbek  WEioflTS. 


jriM.           1 

Place. 

Date 

B.C. 

Inscriptions. 

Weight. 

Grammes. 

Grains. 

1.  Antioch  in  Syria, 

IM 

MNA   ANTIOXEIA 

498-6 

498 

7.700 

2.        » 

.     175-164 

MNA 

616 

616 

7,840 

3*          tt               t* 

ST 

MNA  AHMOZIA 

1068*2 

1,068 

14,490 

'•          i»               tt     < 

62-29 

HMIMNAION  AHMOZION 

635*1 

1,070 

16.530 

fi.  Seleucia    .    .    . 

TETAPTON 

199-4 

437 

6,740 

6.  Antioch  in  Gsria 

TETAPTON 

122 

486 

7,630 

7.  Chios  .    .    .    , 

AYO  MNAI 

1134*1 

6«a 

6,686 

8.       ,«       •     •     •     1 

MNA 

64T 

649 

8.460 

9.  Lompaacus    .    . 

HCMIJ 

SfO 

640 

8,340 

10.  Cyzlcos    •    .    , 

KYII    MNA 

466*6 

466 

7,900 

11.  Smyrna    .    .    , 

TE3TAPCTON 

180 

720 

11,110 

12.  Alexandria  Xroai 

1 

AAE   TIETAPTON 

99*8 

400 

6.980 

13.  Blsanthe  .     .     . 

1 

BIZAN    MNA 

566 

666 

8.SM 

It  will  be  at  once  seen  that  these  weights  fall 
into  different  categories  and  belong  to  various 
systems.  Nos.  3  and  4  giro  very  clear  and 
decisive  evidence  as  to  the  marlcet  weights  in 
use  at  the  Syrian  Antioch  at  the  period  when 
they  were  cast.  They  give  a  pva  9iifioffta  of 
about  1070  grammes,  or  16,520  English  grains. 
All  the  other  weights,  except  No.  11,  coming 
from  several  parts  of  Asia  Minor  and  Syria, 
appear  to  belong  to  the  same  system.  The 
mina  of  this  system  would  appear  to  have 
weighed  some  540-560  grammes,  and  therefore 
to  have  been  as  nearly  as  may  bo  half  as  heavy 
as  that  according  to  which  3  and  4  were 
I'egulated.  On  renrring  to  the  table  of  Baby- 
Ionian  weights  (p.  446),  we  shall  see  that  in 
the  Babylonian  system  for  weighing  silver  the 
two  minas,  according  to  heavy  and  light  stan- 
dard, respectively  are  1122  and  561  grammes. 
These  two  weights  are  certainly  strikingly  like 
those  which  we  have  just  reached.  Induced  by 
this  correspondence,  brandis  .(p.  155)  suggests 
that  the  mina  of  oni*  weights  is  that  of  the 
Babylonian  silver  standard.  This  standard  was 
adopted  by  the  Persian  kings  for  their  silver 
money,  as  has  already  been  mentioned.  After 
the  conquest  of  Persia  by  Alexander  it  ceased, 
except  in  some  outlying  parts  of  the  Empire, 
such  as  the  Euxine  Sea  and  India,  to  be  used  for 
money,  but  Brandis  supposes  that  it  still  per- 
sisted as  a  weight  for  goods.  As  in  many  parts 
of  the  Persian  Empire  it  was  somewhat  lowered, 
a  mina  of  1070  grammes  might  very  well 
belong  to  this  standard.  But  in  this  case  the 
term  A7ifi6ffios  would  still  remam  to  be  ex- 
plained ;  as  things  changed  very  slowly  in  the 


East,  it  is  scarcely  likely  that  the  Persian  silrer 
standard  which  belonged  in  an  especial  degree 
to  silver  coin  or  bars  should  so  have  superseded 
the  onginal  Babylonian  weights  which  wen 
used  for  the  weighing  of  goods  other  than  silver 
in  Mesopotamia  and  Syria,  as  to  beoome  the 
usual  or  normal  standard. 

Referring  again  to  our  table  (p.  446X  we 
shall  see  that  of  this  ordinary  Babylonian 
system  for  general  weighing  the  minas  weighed 
respectively  1010  and  505  grmmmes.  It  is  c 
priori  far  more  probable  that  a  mina  called 
9iifi9vla  should  belong  to  this  standard  thao  to 
another.  And  further  it  is  to  be  ofaservod  that 
although  weights  used  for  coin  have  a  strong 
tendency  to  fall,  yet  weights  used  for  other  pur- 
poses do  not  experience  tlds  tendency  in  anythio^ 
like  the  same  force.  Indeed,  the  instance  above 
quoted  from  the  laws  of  Athens  shows  thst  the 
interest  of  the  purcliaser  tended  sometimes  suc- 
cessfully to  raise  weights  in  market  use.  And 
further,  weights  of  lead  which  have  been  loo; 
buried  vary  decidedly  from  their  normal  strength. 
It  is  then  best,  on  the  whole,  to  leave  it  tm- 
declded  whether  the  public  mina  of  Antioch 
was  derived  from  the  Babylonian  system  for 
weighing  silver  or  that  used  for  other  articles. 

Weight  No.  11  in  the  Museum  of  Smyrna 
was  probably  in  use  not  far  from  that  city,  and 
appears  to  follow  the  Phoenician  standard. 

We  learn  from  an  anon3rmous  Alexandrian 
writer  (Hultsch,  IfHrohgid,  i.  p.  301)  thst 
wood  was  at  Antioch  weighed  on  a  system  of 
its  own,  by  a  ^uXuchr  rdKarrow^  which  appesn 
from  its  equivalent  of  375  Roman  librae  to  have 
been    considerably  heavier    than  any   of  the 


PONDERA 


PONDEBA 


455 


talents  above  menticmed.  HttlUch  reckoni  it  at 
12dy4O0  grammes  (Metrohgiey  p.  591).  The 
exutenee  of  this  weight  is  interesting,  as  show- 
tag  that  in  ancient  tiroes  bulkj  articles  were 
sometimes  weighed  on  a  different  scale  from 
lighter  goods  :  and  in  fact  this  custom  has  held 
in  most  countries. 

In  late  Imperial  times  most  of  the  weights  in 
ttse  in  the  Lerant  gave  waj  to  the  Roman  libra, 
uscTtbed  specimens  of  which  are  found  in  Asia 
Minor  and  Sjria. 

It  is  thus  clear  that  the  cities  of  Sjria,  Asia 
Minor^  and  Mesopotamia  did  not,  in  adopting 
the  Attic  system  for  their  coinage,  as  they  did 
mostly  in  or  soon  after  the  time  of  Alexander, 
odopt  the  same  system  for  weighing  goods,  but 
adhered  to  their  ancient  standards.  For  a 
general  review  of  the  systems  of  weighing 
actually  in  use,  materials  entirely  fail. 

Jialian  Systmu  of  Weight. — ^The  Roman  libra 
Ar  pound  wss  from  the  earliest  times  used  alike 
for  money  and  for  other  commodities.  It 
remained  unchanged  in  standard  to  a  very  late 
period.  At  first  pieces  of  copper  were  cast  in 
all  Roman  parts  of  Italy  of  the  weight  of  a 
pound,  and  of  the  various  fractions  of  a  pound, 
cioon,  ss  we  have  seen  (under  As),  ^^^  standard 
«f  the  coins  fell  rapidly.  But  the  weight  con- 
tinned  unchanged.    When,  at  a  far  later  period, 


the  coinages  of  silver  and  gold  were  introduced 
at  Rome,  the  gold  and  silver  pieces  were  struck 
80  many  to  the  pound.  Even  to  the  time  of 
Diocletian  and  Constantine  the  Roman  libra  as  a 
weight  remained  undiminished;  and  the  late 
metrologists  of  Alexandria  appeal  to  it  as  an 
unchangeable  standard,  testing  by  reference  to 
it  the  weight  of  the  various  Greek  talents  and 
minas. 

The  dominion  vthen  of  the  libra  as  a  weight  is 
as  durable  and  extensive  as  the  dcnninion  of 
Rome  herself.  Of  the  /i6ra  of  monev  we  have 
spoken  under  As,  The  weight  of  the  Roman 
libra  has  been  investigat-ed  by  Boeckh,  Moromsen, 
and  Hultscb.  The  materials  for  ascertaining  it 
are  threefold :  (1)  existing  weights,  (2)  copper 
coinage,  (3)  gold  and  silver  coinage.  It  is  the 
latter  alone  which  gives  consistent  and  satis- 
factory results ;  for  the  weights  vary  unac- 
countably, and  the  copper  coinage  very  soon 
sank  in  weight  to  a  lower  leveL  Letronno 
made  a  calculation  of  weight  on  the  basis  of 
gold  coin ;  and  his  results  with  slight  modifica- 
tion are  accepted  by  the  three  metrologists 
above  named.  We  may  safely  accept  their 
results.  They  fix  on  327*453  grammes,  about 
5050  grains,  as  the  true  or  normal  standard. 
The  weights  of  the  fractions  of  the  as^  with 
their  signs  in  Roman  notation,  are  as  follows : — 


Denomination. 

Part  of 
libra. 

Part  of 
vncio. 

Weight.  • 
Orammes. 

Weight. 
Oraios. 

Sign  in 
notation. 

libcm  or  As      

1 

12 

327*45 

5.050 

, 

Dennx 

H 

11 

300*16 

4.629 

8  =  ^  ** 

DexUns 

10 

272-88 

4,208 

8  ^  ^ 

Dodnuu 

. 

245*59 

3,787 

8  =  - 

Bw    .     . 

fr 

218*30 
191*02 

3,366 
2,946 

If 

Septnnz 

fitmli. 

^ 

163*73 
136*44 

2,525 
2,104*1 

|^_ 

Qaincanx     • 

THens 

109*15 

1,683*3 

=:  Si 

QoadTMis 

Sextans 

•  ' 

81-86 
54^58 

1,262*5 
841*6 

=  - 

Seicnoda 

"  , 

H 

40  93 

631*2 

-JC 

Unda 

A 

27-28 

420*6 

SeeaiaDcIa 

S 

13*64 

210*4 

JC.S 

SldUnis 

^ 

6*82 

105*2 

D 

Sexto)* 

^ 

X  • 

4-54 

70*1 

t.- 

Seripnlum 

Th 

1^ 

1*13 

17*6 

A.H 

The  only  modification  which  ever  took  place 
in  thb  system  occurred  in  connexion  with  the 
weighing  of  drugs  in  Imperial  times.  As  we 
bare  seen,  at  Alexandria  and  in  the  Levant 
gcoerally,  drugs  were  regulated  by  Attic 
weighL  But  under  Roman  infiuence  the  dena- 
rins  was  regarded  ss  the  equivalent  in  weight 


of  the  Attic  drachm.  The  denarius,  as  we 
have  shown  under  As,  weighed  jj  of  a  pound 
from  the  time  of  the  Punic  wars  to  those  of 
Nero,  and  ^  of  a  pound  after  that.  The 
Greek  divisions  of  the  drachm  were  applied  to 
the  denarius  as  a  weight.  We  thus  obtain  two 
systems  of  weight  for  drugs. 


Dsnominatlofn, 

FiBST  SrSTSM. 

Secon'd  Svstkm 

[. 

« 

PSTtof 

WeighU 

Weight. 

Part  of 

Weight. 

Weight. 

undo. 

Grains. 

ttfieia. 

Grammts. 

Grains. 

Unda 

1 

27*28 

420-8 

1 

27*28 

420*6 

SdUcos 

i 

6*82 

105*2 

i 

6*82 

1U5*2 

Diadima 

I 

3-90 

60^1 

i 

3*41 

52-6 

ocripulim     ...... 

Obohtt 

it 

•65 

10 

1'14 
•67 

17«5 

8*7 

Slttqu* 

QhIcus 

^w 

•08 

1^25 

1^ 

•19 

•07 

1 

2-9 
1*1 

i56 


PONDERA 


PONS 


It  is  a  remarkable  fact  that,  altbongh  at 
Rome  the  as  wan  probably  never  minted  of  the 
fall  weight  of  a  pound  of  twelve  ounces,  yet 
in  some  of  the  Roman  colonies,  such  as  Arimi- 
nnm  and  Hatria,  it  was  issued  of  the  weight  of 
14  ounces  (5,900  grains).  It  is  doubtful  how 
this  change  may  be  accounted  for.  But  it  is 
noteworthy  that  this  heavier  weight  comes  near 
the  standard  (5,750  grains ;  see  above,  p.  446) 
of  the  silver  talent  of  Phoenicia.  We  are 
inclined  to  think,  then,  that  the  Roman  pound, 
which,  as  Hultsch  has  shown,  was  not  in  its 
origin  in  any  way  connected  with  the  Roman 
measures  of  length,  was  derived  from  the  Phoe- 
nician mina,  as  was  probably  the  national  or 
Aeginetan  standard  in  Greece.  In  both  cases  a 
considerable  reduction  took  place,  before  the 
weight  was  fixed  for  all  future  time  in  Greece 
by  rheidon  of  Argos,  and  at  Rome  by  the 
IXBcemviri. 

Of  the  Roman  librae  which  have  come  down 
to  us,  many  are  considerably  above  standard. 
One  in  the  Museum  of  Smyrna,  for  instance, 
weighs  374  grammes;  others  as  much  as  390 
grammes.  After  what  has  been  above  observed 
as  to  the  tendency  of  weights  to  rise  in  use, 
thb  need  not  surprise  us. 

It  must  not  be  supposed,  however,  that  either 
in  earlier  or  later  times  the  Roman  libra  pos- 
sessed anything  like  a  monopoly  in  the  markets 
of  Italy.  There,  as  in  Greece  and  Asia,  local 
customs  largely  prevailed.  The  Greek  colonies 
in  South  Italy  used,  until  they  were  absorbed 
by  Rome,  the  weights  which  they  had  brought 
with  them  from  Greece,  the  standards  of  Phocaea, 
of  Athens,  and  of  Corinth.  At  a  later  time  we 
find  proof  of  the  use  of  various  Italian  minae 
(Hultsch,  Metrologie^  p.  672):— A  mina  of  16 
Roman  ounces,  436-6  grammes,  which  seems  to 
govern  the  extant  weights  of  Pompeii  nnd  Her- 
cttlaneum.  A  mina  of  18  Roman  ounces,  491*2 
grammes,  called  in  an  ancient  mecrological 
table  'IroAifcJ^  /ira.  A  mina  of  20  Roman 
ounces,  545*8  grains,  the  existence  of  which  is 
proved  by  a  Roman  inscribed  weight  found  in 
the  Danube.  A  mina  equal  to  two  Roman 
pound:},  mentioned  by  Vitruvius,  z.  21.  Com- 
pared, however,  with  the  libra,  these  minae  had 
but  little  hii^torical  importance. 

Sicilian  Weights, — In  Sicily  the  pound  of 
copper  was  the  unit  of  value  in  very  early 
times,  and  was  adopted  to  some  extent  by  the 
Greek  colonies.  These,  however,  as  we  have 
above  seen,  adopted  late  in  the  sixth  century  ac. 
the  Attic  standard  for  coinage,  and  struck  silver 
on  it  of  the  denomination  of  tetradrachm,  di- 
drachm,  drachm,  hemidrachm,  and  obol.  Into 
this  system  by  a  peculiar  process  they  incor- 
porated the  litra  or  pound  of  copper.  The  weight 
of  this  litra  is  not  known  from  direct  testimony. 
But  we  have  means  of  tixing  the  weight  of  its 
equivalent  in  silver.  The  silver  litra  was  a  coin 
in  use  at  Syracuse  and  other  Sicilian  cities ;  and 
its  weight  was  a  tenth  part  of  that  of  the  Corin- 
thian stater  (135  grs.),  which  was  called  8f  iciUi- 
Tpof  aror^p  (Pollux,  iv.  174),  and  a  fiftieth  part 
of  that  of  the  Damareteion  (7.  v.).  Hence  it  is 
safe  to  assume  that  the  weight  of  the  silver 
litra  was  13*5  grains.  Multiplying  this  amount 
by  250,  which  represents  the  proportion  in  Italy 
and  Sicily  between  silver  and  copper,  we  reach 
a  sum  of  3,387  grains.     This  is  just  half  the 


weight  of  the  Attic  silver  mina.  Momm!«n 
(p.  80)  concludes  on  this  basis  that  the  weight 
of  the  Sicilian  litra  was  3,387  grains  or 
217  *  5  grammes,  nearly  the  weight  of  8  Roman 
ounces.  And  since  he  wrote,  the  researcheic 
of  Deecke  (JEtnukiache  ForBcftungenj  Part  II.) 
have  made  it  probable  that  the  same  system  oi 
the  litra  in  silver  and  copper  passed  in  the  fifth 
century  from  Syracuse  into  Etmria,  and  is  the 
base  of  the  whole  of  the  later  Etruscan  coinage. 
The  Etruscan  silver  pieces  which  bear  marks  of 
value,  are  all  multiples  of  a  litra  of  the  Sicilian 
weight  (13-5  grains)^  and  the  Etruscan  ae$  grate 
is  of  the  standard  of  eight  Roman  ounces,  3,366 
grains.  This  latter  fact  seema  of  sufficient 
importance  to  finally  establish  the  theory  of 
Mommsen  as  to  the  litra.  The  Athenian  origin 
of  the  latter  is  more  than  probable.  It  wss 
divided,  like  the  Roman  libra,  into  twelve  parts ; 
but  the  names  of  the  parts  were  different,  a  fact 
which  must  have  caused  some  confusion  in  the 
minds  of  the  Italians.  The  names  of  these  parts 
are  given  by  Aristotle  as  quoted  by  Pollnx, 
iv.  174. 


CoRft- 

Grsmmee 

Orsins 

Written 

poods  to 

Boipsn 

Litis       .    . 

319-6 

S,S8Y 

Jdiptt 

Ubn 

Hemllltron  . 

109-7S 

1,693 

4luXiTp«r 

semis 

Pectundum 

91*6 

1,410 

qulnciuu; 

Tetras    .    . 

73*a 

1.126 

TtTpAf 

triens 

Trias  .    .    . 

84-9 

846 

qusdnni 

Hezas     .    . 

36*6 

664 

sexttnt 

Unda     .    . 

18*3 

282 

nnds 

Thus  the  tetras  corresponds  to  the  Latin 
triens,  and  the  trias  to  the  Latin  quadrans;  a 
most  confusing  correspondence.  The  talent,  if 
equal  to  the  Athenian,  contained  120  litne 
originally.  But  we  are  able  to  trace  its  rapid 
degradation.  For  Aristotle  (Pollux,  ix.  87) 
speaks  of  the  older  Sicilian  talent  (rh  fiif 
hpXMP)  as  equivalent  to  24  nummi,  and  the 
later  as  equal  to  12.  The  nummus  here  stands 
for  the  litra.  By  the  time  of  Aristotle,  then^ 
there  had  been  two  reductions  in  the  weight  of 
the  litra  as  applied  to  money,  and  it  had  fallen 
to  a  tenth  of  its  early  value.  But  analogy  bids 
us  suppose  that  this  reduction  did  not  affect  the 
litra  except  as  money.  [P.  G.] 

PONS  {yi^vpa\  a  bridge.  One  central  ides, 
round  which  many  curious  beliefs  and  pieces  if 
ritual  are  grouped,  is  that  the  erection  &f» 
bridge  is  an  impious  act — an  injury  done  to  tie 
god  of  the  river,  who,  by  the  substitution  of  s 
safe  method  of  crossing  instead  of  the  primitive 
fording  or  swimming,  is  robbed  of  a  certain 
number  of  victims — travellers  who  without  a 
bridge  would  have  been  drowned.  This  belief 
has  existed  among  many  different  races  at  an 
early  stage  of  their  religious  development,  and, 
vaguely  understood,  still  survives  in  many  psrU 
of  Europe  and  Asia.  In  Greece,  Albanis,  snd 
other  countries  traditions  even  now  exist  ot  the 
offering  of  human  sacrifices  at  the  founding  of  a 
new  bridge ;  and  in  many  parts  of  the  Moslem 
world  the  inhabitants  look  upon  the  erection  of 
a  bridge  as  an  extremely  impious  act.  Mr.  J.  G. 
Frnzcr,  in  the  Journai  of  PkUology,  xir.  pp. 
156-7,  has  collected  a  curious  list  of  examples 
of  thii  wide-spread  belief.  Thus,  in  Germanu 
when  a  man  is  drowned  the  people  isy,  **  The 


PONS 

riTer^pirit  is  getting  his  tnnual  yictim"  (see 
Grimm,  Z>nUche  MythologU,  p.  499);  and  in 
part  of  England  the  superstition  exists  that  the 
spirit  of  the  Ribble  receives  and  is  satisfied  with 
s  human  victim  every  seven  years  (see  Hender- 
Mo,  Fclkrlore  of  the  Northern  Covmties,  p.  265). 
Thai|  in  ancient  Rome,  the  most  primitive  duty 
of  the  pamtifex  or  bridge-bnilder  was  to  pro- 
}vitUte  Father  Tiber  by  regular  annual  sacri- 
fices ;  and  also  by  special  extra  sacrifices  when- 
ever the  one  early  bridge  of  Rome,  the  Pons 
Soblidns,  required  repairs  (see  Varro,  L,  L, 
T.  Id ;  Dtonys.  iii.  45 ;  and  Plut.  Nwn,  9).  In 
early  times  human  victims  were  offered  annually 
by  being  flung  mto  the  Tiber  from  the  Snblician 
bridge;  but  in  later  times  thirty  figures  or 
dammies  called  Aboet,  made  of  rushes,  were 
solemnly  thrown  into  the  Tiber  by  the  Pontifices 
and  Vestal  Virgins  on  the  Ides  of  May,  as  is 
recorded  by  Ovid  {^Fa$U  v.  622) : 

•«  Tunc  q[aoque  prisoonun  virgo  siiDulscra  virorum 
MIttcre  roboreo  sdrpea  ponte  solct.'* 

Another  notion,  connected  with  the  same  class 
of  kless,  is  that  a  light  and,  as  it  were,  tem- 
porary structure  is  less  offensive  to  the  river- 
^  than  a  more  permanent  bridge.  Hence  the 
primitive  reason  for  building  the  Subllcian 
bridge  of  wood,  not  fastened  together  with  iron 
ID  any  form,  having,  as  Pliny  records,  its  '*  con- 
tignatio  sine  ferreis  clavis  "  (iST.  N.  xxxvi.  §  100). 
Diony  tius  (iii.  45)  goes  further,  and  speaks  of  it 
as  T^  \vXlnpf  y4^vpay,  ^¥  &ycu  x^'^^^  f^^ 
^ipau  $4fus  W  «ttn&¥  BuucparMi<r$ai  rSow 
{^Aj»r;  but  in  sacred  matters  the  use  of  iron 
was  often  specially  prohibited,  as  being  a  more 
recent  invention  than  bronze,  and  therefore 
devoid  of  its  hieratic  associations  (cf.  Plutarch's 
Life  of  Numn).  Thus  the  college  of  the  Kratres 
Arvales  were  obliged  to  offer  an  expiatory  sacri- 
fice if  ever  an  iron  tool  were  used  within  the 
precincts  of  their  sacred  grove,  near  Rome  (see 
Marqoardt,  £6mi$che  Staatsvenoaiiung,  iii.  p. 
469  j  Akyalu).  In  a  similar  way  the  use  of 
Hint  knives  for  sacrificial  purposes  survived 
long  ages  after  the  Stone  period  had  passed 
avsy. 

It  should  be  observed  that  the  Romans  them- 
selves had,  by  the  first  century  B.C.,  forgotten 
what  appears  to  be  the  main  reason  for  the  rules 
and  ritual  connected  with  their  ancient  bridge, 
snd  explain  its  unsubstantial  character  by  the 
nsk  of  attack  ;  as  had  happened  when  Horatius 
Codes  with  so  great  difficulty  held  the  Etruscan 
army  at  bay  while  the  bridge  was  being  demo- 
lUhed.  And  this  may  possibly  have  been  at  one 
time  a  secondary  reason  for  the  same  thing, 
tbongh  not  the  chief  one. 

The  oldest  bridge  of  which  we  have  any  record, 
that  at  Babylon,  was  also  of  wood,  though  built 
on  stone  piers.  This,  according  to  Herodotus 
(i.  178-186X  ^M  ^uil^  across  the  Euphrates  to 
VDite  the  two  portions  of  Babylon  by  Queen 
Kitocris,  c.  606  B.C.  The  piers  were  of  large 
blocks  of  stone  fixed  with  iron  clamps,  run  with 
lead ;  and  the  river  is  said  to  have  been  tempo- 
trily  diverted  from  its  course  during  their 
construction.  The  superstructure  was  of  wood, 
part  of  which  was  arranged  so  as  to  be  removed 
vvery  day  at  nightfall.  The  same  queen  also 
built  a  massive  rirer  embankment  made  of  burnt 
brick. 


PONS 


457 


Temporary  floating  bridges  (^x*'^^)  ^^^  ^i\\' 
tary  operations  appear  to  have  been  used  in  very 
early  times,  boats  being  used  for  the  points  of 
support,  with  cables  of  twisted  flax  (AcvicoA(i'ov) 
and  papyrus  {fivfixUftpy,  tightly  strained  by 
the  help  of  windlasses,  to  support  the  inter- 
mediate planking.  A  bridge  of  this  kind  was 
thrown  across  the  Thracian  Bosporus  by  Darius ; 
its  engineer  being  a  Samiau  Greek,  named 
Mandrocles  (see  Herod,  fv.  83,  85,  87,  and  88). 
A  similar  bridge,  constructed  for  Xerxes  across 
the  Hellespont  between  Sestos  and  Abvdos,  was 
immediately  destroyed  by  a  storm  (Herod,  vii. 
34,  35).  Xerxes  decapitated  its  constructors,  and 
ordered  another  bridge  to  be  made  of  more  care- 
ful construction.  This  was  done  by  the  help  of 
674  triremes  and  penteconters,  moored  by  anchors, 
and  united  by  six  strong  cables  tightly  strained 
from  ship  to  ship.  On  these  cables  the  roadway 
rested,  made  of  thick  planks  covered  with  brush- 
wood and  earth  beaten  down.  On  each  side  was 
a  high  bulwark  to  prevent  the  horses  from  being- 
frightened  at  the  sea  (see  Herod,  vii.  36).  The 
Persian  army  crossed  safely  on  this  second 
bridge ;  and  thus  Xerxes  was  enabled  to  accom- 
plish, for  a  time,  his  projected  invasion  of  Euro- 
pean Greece. 

In  Greece,  partly  owing  to  the  insignificant 
size  of  the  rivers,  permanent  bridges  do  not 
appear  to  have  been  constructed  till  after  the 
Roman  conquest.  No  remains  now  exist  which 
can  be  attributed  to  the  period  of  Hellenic 
autonomy.  And  yet  it  appears  probable,  from 
the  mention  of  bridges  by  various  Greek 
writers,  that  in  some  form  wooden  structures 
for  crossing  streams  when  swollen  by  rain  were 
of  no  uncommon  occurrence.  Simple  trestles 
with  movable  boarding  are  even  now  used  in 
some  parts  of  Italy  for  temporary  emergencies ; 
and  most  of  the  Greek  bridges  were  probably 
structures  of  this  light  and  unsubstantial  class. 
The  religious  ideas  already  described  may  have 
tended  to  prevent  any  more  solid  structures 
from  being  erected  in  Greece  during  its  most 
flourishinz  period. 

ThrougDout  the  Roman  dominions,  especially 
during  the  Imperial  period,  stone  bridges  with 
wide-spanning  arches  of  the  most  massive  kind 
were  erected  in  great  numbers.  Many  of  these 
bridges  were  of  remarkable  size,  and  show  in  a 
very  striking  way  the  great  constructional  skill 
of  the  Roman  engineers.  The  bridge  over  the 
Acheron,  which  was  a  thousand  feet  in  length 
(Plin.  H,  N.  iv.  1),  and  that  which  united  the 
island  of  Euboea  to  the  mainland,  must  have  been 
striking  examples  of  this.  The  Roman  bridges 
were  as  a  rule  rather  narrow  in  proportion :  the 
central  roadway  for  horses  and  vehicles  was 
called  the  iter ;  at  the  sides  were  slightly  raised 
foot-paths  {decurtoria\  defended  on  the  outside 
by  a  low  parapet  wall.  In  the  more  handsome 
bridges,  such  as  the  Pons  Aelius  in  Rome,  pedestals 
for  statues  or  honorary  columns  were  set  at  regular 
intervals  along  the  ]mrapet.  The  main  arches 
were  decorated  with  simple  mouldings  adapted 
from  Greek  buildings ;  and  between  them,  over 
each  pier,  a  smaller  arch  was  very  frequently 
introduced  to  relieve  the  pressure  of  water 
during  flood-time.  Rows  of  corbels  were  verv 
commonly  inserted  at  the  springing  of  each 
arch,  the  use  of  which  was  to  support  the 
wooden  centering  while  the  arch  was   being 


458 


PONS 


PONS 


bailt;  thus  doing  away  with  tho  iiBceasity  of 
tall  supports  resting  in  the  water.  In  most 
cases  these  corbels  were  not  cut  away  at  the 
completion  of  the  bridge,  but  were  left,  so  that 
repairs  or  rebuilding  could  be  easily  carried  oat. 
This  very  useful  system  was  applied  not  only  (o 
bridges,  but  to  all  loftr  arched  structures,  such 
as  aqueducts  or  tall  palaceSf  like  that  of  Severus 
on  the  Palatine  hill  in  Rome.  In  many  cases  a 
gate-tower  was  built  as  a  defence  at  each  end  of 
the  bridge :  this  was  the  case  with  more  than 
one  of  the  bridges  in  Rome,  though  no  remains 
of  these  towers  now  exist. 

The  chief  Roman  bridges  were  built  either  of 
bricic  and  concrete,  or  of  solid  stone  masonzTf 
carefully  fixed  with  iron  clamps  and  lead.  In 
many  cases,  as  for  example  in  Rome  itself^  a 
hard  ^  weather  stone  "  was  used  for  the  &cing, 
the  inner  masonry  being  of  some  softer  and  less 
expensive  stone. 

Under  the  later  Roman  Empire  the  city  of 
Rome  possessed  the  following  bridses : — 

1.  The  Pons  Svi^tcius,  so  called  from  the 
sttblioae  or  wooden  beams  of  which  it  was  con- 
structed. Till  the  second  century  6.c.  this  was 
the  only  bridge  in  Rome:  some  of  the  sacred 
rites  which  were  connected  with  it  hare  already 
been  described.  According  to  tradition,  the 
Sublician  bridge  was  originally  erected  by  Ancus 
Martins,  its  special  purpose  being  to  connect  the 
main  city  with  the  long  walls  which  led  from 
the  right  baak  of  the  river  up  to  the  isolated 
fortress  on  the  Janiculan  hill,  where  the  church 
of  S.  Pietro  in  Montorio  now  standa.  The 
approach  to  the  bridge  on  the  other  side  was 
close  by  the  Porta  Trigemtna,  just  inside  the 
line  of  the  Servian  wall.  No  traces  of  it  now 
exist :  the  ruined  piers  visible  in  dry  summers 
by  the  Marmoratum,  under  the  Aventine  hill, 
belong  most  probably  to  the  ^  bridge  of  Probus," 
the  last  mentioned  in  the  Catalogue  of  the 
Curiosum.  The  epithet  roboreOf  used  by  Ovid  in 
the  passage  quoted  above,  shows  that  even  in 
the  time  of  Augustus  the  bridge  was  still  of 
oak.  In  ▲.D.  69  it  was  carried  away  by  a  flood 
(Tac.  Hist,  i.  86),  and  appears  not  to  have  been 
rebuUt.  The  mistaken  notion  that  the  Pons 
Sublicius  was  identical  with  that  known  as  the 
Pons  Lapideus  or  Aemilius  arose  from  the  mis- 
nnderstandiug  of  a  passage  in  Plutarch  (^N^wn. 
9),  and  from  the  statement  of  the  spurious 
Pnblius  Victor,  whose  catalogue  is  a  mediaeval 
forgery.  The  Roman  bridges  appear  to  have 
been  a  favourite  resort  for  beggars  (see  Senec. 
de  Vita  beata,  15):  hence  Juvenal  (xtv.  134) 
uses  the  phrase  aliquis  de  p&nte,  as  meaning  a 
beggar  (cf.  Juv.  iv.  116). 

2.  The  first  atone  bridge  in  Rome,  called  on 
that  account  the  Pons  Lapideus^  was  also  known 
as  the  Pons  Aemilius,  It  was  begun  in  179  b.c. 
by  M.  Fulvius  Kobilior  and  the  censor  M. 
Aemilius  Lepidus,  when  the  conquest  of 
Etruria  and  the  defeat  of  Hannibal  had  put  an 
end  to  all  fears  of  invasion.  It  was  not,  how- 
ever, completed  till  the  time  of  the  censors 
Publius  Scipio  Africanus  and  L.  Mommius 
(Achaicus):  see  Liv.  xl.  51  ^  Juv.  vi.  32;  and 
Plut.  Num.  9  The  Fasti  Capranici  describe  it 
as  being  ''ad  theatrum  Marcelh;*'  and  the  Cos- 
mographia  of  Aethicus  as  *'  ad  Forum  Boarium." 
These  indications,  and  the  recent  discovery  of  an 
ancient   basalt-paved  road  leading  up  to   the 


mediaeval  Ponte  Rotto,  show  that  the  last- 
named  bridge  occupies  the  site  of  the  Poos 
Aemilius.  The  three  arches  which  still  exist  of 
the  *' broken  bridge"  appear  not  to  be  older 
than  the  thirteenth  century ;  the  present  bridge 
having  been  mainly  rebuilt  after  its  destructioa 
by  a  flood  during  the  pontificate  of  Honorios 
IIL,  1216-1227.  In  1598  about  half  was  swept 
away  by  another  flood,  and  the  gap  is  dow 
bridged  over  by  a  modem  iron  structure.  The 
name  JPalaiinuSf  as  applied  to  the  Pons  Aemi- 
lius, appears  to  be  a  mediaeval  invention. 

3.  The  P<m8  Fabridus,  which  unites  the 
Insula  Tiberina  to  the  left  bank  of  the  river, 
was  built  in  62  B.C.  by  L.  Fabricius,  one  of  the 
curatores  vianun^  as  is  recorded  in  inscriptions 
deeply  cut  in  large  letters  across  the  face  of  its 
arches.  Part  is  now  illegible,  but  the  full  in- 
scription  (repeated  over  both  arches)  is  given  by 
Pirro  Ugorio  in  his  MS.  notes  on  Ancient  Rome, 
c.  1570  (Bodleian,  Cod.  CanoMciam  ltd,  138): 

L.    FABRICIVS    C.    F.     CVR.     VIAJt.     FACIYIfDVH 

COERAVIT  EIDEMQVE  PBOBAVTT ;  and  in  smaller 
letters  over  the  intermediate  arch  for  storm- 
water,  Q.  liEPIDVS  X.  7.  M.  LOLLIVS  )L  F.  00& 
8.  c.  PBOBAVfiBVNT.  This  last  inscriptioQ 
records  its  restoration  by  the  consuls  Q.  Aemi- 
lius Lepidus  and  M.  LoUius  in  21  B.a  Like  the 
other  existing  bridges  of  Rome,  this  is  built  of 
peperino  and  tufa,  faced  on  both  aides  by  massire 
blocks  of  travertine,  which  is  also  used  for  the 
corbels  at  the  springing  of  each  arch.  A  frag- 
ment still  exists  of  the  parapet  j  namely,  a 
marble  pilaster  crowned  by  a  quadruple  head, 
Janus  quadrifrons^  from  which  the  bridge  takes 
its  modern  name  of  the  Ponte  dei  quaUro  capi. 
The  pilaster  is  grooved  to  receive  an  opes 
bronze  screen  or  canodlus,  which  formerlv  filled 
up  the  intermediate  spaces  between  the  piiasten- 
This  bridge  is  shown  on  the  reverse  of  a  con- 
temporary denariui,  c.  62  B.C.,  with  the  Ugend 
L.  FABRICIVS,  and  a  snake  to  indicate  the  proxi- 
mity of  the  Temple  of  Aesculapius  on  the 
Tiber  island.  It  is  also  represented  on  a  bronze 
medallion  of  Antoninus  Pius  (see  Froehner,  Mtd. 
Bom,  p.  52 ;  also  Dio  Cass,  xzxviii.  45).  Daring 
the  Middle  Ages  this  bridge  Was  often  called  the 
Pons  JudaeuSy  from  its  proximity  to  the  Qhetto 
or  Hebrew  quarter. 

4.  The  Pons  Cestvus^  which  joins  the  Insuls 
Tiberina  to  the  right  or  Janiculan  side  of  the 
Tiber,  was  probably  built  by  L.  Cestins,  Praefect 
of  the  City  in  46  B.a  (see  Dio  Cass.  xxxviL  46). 
On  one  of  the  large  marble  slabs  which  form  the 
parapet  is  a  long  inscription  recording  the  re- 
storation of  the  bridge  in  A.D.  370  by  Valeo- 
tinianus,  Valens,  and  Gratian.  The  Pons  Cestius 
consists  of  one  arch  only,  with  an  opening  for 
flood-water  on  each  side  of  it.  At  present  it  is 
called  after  the  adjacent  church  of  S.  Bartolom- 
meo,  which  probably  stands  on  the  site  of  the 
Temple  of  Aesculapius. 

5.  The  Pons  iltf/Ms,  modem  Ponitfdi  5.  .i*^ 
was  built  in  A.D.  135  by  Hadrian  to  connect  his 
mausoleum  and  circus  with  the  Campus  Uartins 
(see  Dio  Cass.  Ixix.  28 ;  and  Spartian,  Badr,  19). 
It  is  shown  on  bronze  coins  of  Hadrian  dated 
from  his  third  consulship.  The  Einsiedeln  M3- 
gives  its  dedicatory  inscription,  which  is  nor 
lost,  IMP.*  CAESAR  DIVI  TRAIAHI  PABTBia 
FILIVB  DIVI  KERVAG  NEF08  TBAIAlffVS  Hl- 
DRIANYB    AVQ.    POXT.  HAX.    TRIB.    POT.  XTUU. 


PONS 


459 


(t.i>.lS5) 
th*  bridgt 


Th*  D 


>  d«iT«d  either  from  HRdri*n'i 
tliiu,  or  bIm  from  hii  ma  Aeltoi 
isd  b«ran  hia  father.  Tbe  five 
■nhn  of  th(>  noble  bridge  are  of  peperino  fkeed 
with  ti>T*TtiD«;  near  it,  along  the  Uft  bank, 
in  citeiwn  mnain*  of  th«  ancifnt  nnbank- 
mmt  mil,  bnilt  of  TiUuive  blocki  of  ptperioo, 
BBv  (tooDMd  to  dntructloD  for  the  lake  of  the 
WW  quT.  This  ii  the  bridge  mentioDed  bj 
Date,  Inf«r.  iriii.  28-33,  tu  being  thronged 
with  jiilgriDM  in  the  Jotdlte  jear  1300. 

6.  The  P(m3  Aiarlna,  taentioned  ia  tba 
JMfu,  *ai  probablj  od  the  lite  of  the  modern 
PoDte  Siato.  Tlie  date  of  ita  foniidBtion  1>  not 
huwD,  hot  Marlianiu  (Tb^o^r.  Sam.  cap.  ciii.) 
jtiTfa  u  ioacription  (dow  iMt)  which  recorded 
in  natantion  in  the  reign  of  Hadrian.  The 
aanei  Jtmiailarii  and  AHiomnlcmru,  which  are 
■oinetimM  firen  to  thii  bridge,  appear  to  be 
iBTralioBf  ofthe  mediaeral  topograpfaen.  Thii 
ii  poatibljT  the  bridge  irhich,  in  a  raceDtly  dia- 
»TFnd  hucriptlOD,  La  called  the  Fom  Agrippaa; 
•M  BtU.  Cam.  Arvh.  Son.  1888,  p.  S3. 

T.  The  Pom  SerOHimriu  or  Yatieaiiui  wu 
begun  hj  CaligriU  and  oompleted  bj  Nero,  to 
gJTt  accna  to  tlie  Sirti  Agrippmtt  and  the 
gmt  dicna  whinh  itood  bj  the  praatnt  Baalliai 


of  St.  Petar.  The  ibBtidatloaa  of  ita  piera  (till 
eiitt,  and  bt«  naible  ia  aammer  a  little  wajr 
below  the  Pona  Aaliiu.  It  la  probable  that  thia 
ia  the  bridge  to  which  the  title  Fata  tritmphaiU 
wai  tonetimee  applied, 

8.  The  Poke  Mvivita,  modem  Panle  Mollt.  ie 
about  a  mile  and  a  haH  ontilde  the  Anrelian 
vail  of  Rome,  higher  np  the  rirer,  where  the 
Via  FUroinia  crowes  the  Tiber.     It  waa  built  by 


miliui  ScaoroJ,  H 


;.(.«. 


tfae 

Aor.  Victor,  *  Vmiaimt.  iirii.  8). 

thia  bridge  that  Cicero  arrsated  tho  an 

of  the  GauUih  Allabrogee  daring  the  Catiline 

conapirac;  (Cic  M  Cat.  iii.  3).    And  in  *.D.  312 

it  waa  the  icene  of  the  otter  defeat  of  Uaientiaa 

b;  Conatantlna.      Ai  at    the   preieat   day,  ths 

Pone  MhIttui  wag  under  the  Empire  n  faTourilo 

pleaanre  reaort  for  th*  lower  daaaea  of  Rome 

(lee  Tac.  An<n.  lUl.  47), 

A  rery  large  number  of  fine  atone  bridgaa  atill 
exiat  throaghoDt  the  greater  part  of  the  Roman 
empire,  in  various  alatea  of  preeervatlon.  One 
ofthe  moat  perfect  in  llalj  is  that  at  Ariminum 
(moderu  Rimini),  conaisting  of  See  massiTe  atone 
arches,  aa  ia  ifaown  in  the  annexed  cut.  An 
inieription  on  it  i|ecorda  that  it  wa*  begun  by 
AnguBtns  and  completed  bf  Ttberini. 

The  bridge  orer  the  Nera,  at  the  raoitn  town 


BrtdfaatRlmlnl. 


<f  Naml,  ts  the  nortb.  of  Rome,  though  partly 
ibatrond,  IB  atill  a  Tary  noble  piece  of  engineer- 
'a%.  The  arches  are  more  than  100  feet  high, 
tad  thab  sptuia  are  of  annsual  width.  The  com- 
bistd  aqueduct  and  bridge  which  croaaei  the  rirer 
Oard  near  Ntmea  (Nemsatn*),  oomaonly  called 
the  Pant  dit  Oard,  ii  remarkable  for  it*  liie  and 
■tttely  height,  conaiiUng  of  three  luperimpcaed 
tieis  of  ar^Hf,  atill  well  preterred,  to  a  height 
of  1!W  feet.  Another  fine  Roman  bridge  still 
itisti  nw  Brionde,  orer  the  Allier;  it  consiaU 
of  one  arcb  with  a  tctt  wide  span,  and  70  feet 
ki;h  boa  the  water  to  the  tsait  of  tlie  arcb. 

Id  Spain  nniaina  aiiat  of  a  rery  magnificent 
kridg*  aeren  th*  Tagua  at  Alcantara,  which 
when  perfect  ooniiated  of  lii  archaa,  reaching 
aearly  300  feat  in  height  and  070  leet  in  length. 

The  tcmponry  bridge*  of  the  Romans,  built 
for  military  pnrpoaea,  were  no  lea  remarkable 
for  the  angiDearing  (kill  shown  in  their  constme- 
tiia.  Jvliw  Caaaar  daacribe*  (Bell.  Oail.  W.  17) 
a  wooden  bridge  which  be  conatructed  acroas  the 
Khina  in  tba  almoet  inoredibly  abort  apace  of  ten 
diTs.  It  waa  aupported  on  a  seriei  of  double 
pilea,  formed  tf  two'  baulks  of  timber,  each  1 8 
iKhaa  •qnara  (in  section),  pointed  at  one  end, 
sad  driran  into  the  bed  of  the  rirer  by  machine* 
miai  jlafiKiiM  ;  th*y  ware  set  In  a  sloping  direc- 
lim.  so  aa  to  rviit  the  fare*  of  the  current.  A 
nTTHpoBding  parallel  row  of  pile*  waa  driTeu 


TRANB VERSE  SECTION 


T  tree!  to  float  OflKD 


LONOITUDINAL  BEPTIOH 


uainittb* inpporti of thtbridg*.  FnGiocando 
of  Veroiw,  PalIidiD,'iDd  other  architect-acbolui 
or  the  lixtecnlh  cantnr;  hire  pabliihed  driv- 
ing of  thii  bridge,  deriied  from  Cacur'i  deicrip- 
tioD-,  bnt  not  u  ■  rule  with  much  lucccu  (te« 
Giocondo'j  tdition  of  the  CoiniMnlarMt,  dedicated 
to  Oialiano  de'  Utdici  Id  1510 ;  and  Pilladio, 
Archittttura,  Venice,  15T0,  lib.  iii.  cap.  6). 

Othet  temporarj  bridgca  were  topporled  on 
floating  c»ak<  (dolia  or  cnpat) :  m  Herodian, 
Tiii.  4,  S  ;  aud  Lucaa,  It.  420.  Vegetiiu  (iii.  7) 
itatu  that  it  wai  cuitomarj  for  the  Roman  amiT 


PONTIPEX* 

dotiu  of  DamaicuK,  whou  criticlim  od  Hadrias'i 
deiigu  for  the  Temple  of  Vesos  and  Rome  bi 
the  Sacra  Via  »  laid  to  ban  IrriUted  tJi*e 
tmperor  ki  muct  that  he  pot  the  cntic  to  dtuth 
(m«  Dio  Cut.  liii,  4). 

There  appean  to  b<  no  Irnlh  in  thia  Hon  : 
sn  the  coatrary,  it  ii  eTident  that  HadrluhiJ 
the  good  leaK  to  adopt  the  Bngceatlont  <t(  A\nii- 
lodorut.  According  (o  Dio  Cauiai,  Hadriia 
demoliihad  ApoUodorui'  bridge  op  Iht  pnttim 
tbat  it  might  OciliUlc  the  iacaniona  of  llie 
barbarian*  into  the  llornaD  pionncei,  but  niik 
from  jeaJoajT  at  the  incceii  of  lo  great  an  no- 
dertakisg.  Thii  latter  luppoaition  ia  probaLli 
quite  untme. 

The  rerenei  of  many  Jirit  brattti  of  the  Em- 
pire hare  reprewDtatioDa  of  Important  bridgii : 
u.  far  (iimpl*,  one  of  Gordiaoui  IIL  vith  the 
bridge  over  the  Maeaader  at  Antiochia  aJ  Jlaeai- 
dtnm  in  Caria  (lee  Head,  A'wa.  Hat  p.  aZO). 

The  vord  pout  wai  alio  applied  to  anj  »n  of 
troodeo  gingvaj,  iDch  ai  the  pout  tufragiomit 
hf  which  the  file  of  rotera  at  the  Comitia  paneil 
into  the  encloaare  (ptiit  or  taeptii} ;  and  alto  to 
the  morabla  gangwaj  naad  to  give  aoettt  lo 
the  deck  of  a  ihip;  henca  In  modern  llillu 
pmte  has  come  to  mean  the  deck  itaelf.  (Sn 
Ua;erhefer,  Du  BrUelxn  tm  alten  Bam,  \6Si-. 
Zippel,  JahriSdur /Sr  klau.  Phil.  18M,  p.  481 ; 
Becker,  De  Btmae  vrt.  murit.  Ice,  1843  ;  Jordan. 


0  carry  with  them  email  boati  or  "dug-oota" 
(moio.ry/i),  hollowed  out  of  a  Iree-trnnk,  together 
with  planke,  ropea,  and  naila  to  form  the  roadway. 
Daring  the  Mithriditic  war  Pompey  croued  the 
Ivuphratea  on  a  bridge  of  thii  kind  (Flomi, 
Hi,  S>    [B»tll] 

The  annexed  woodcat,  froma  relief  on  Trajan  a 
Column,  ehowB  the  conetruction  of  thii  lort  ol 


-■-^/■-/-^l 
^  ^.^i 


Bridge  on  boau.    (From  Tr^Jan'e  Colamn.) 

Soaliog  bridge.  Another  relief  on  the  eame 
column  ahowi  a  more  permanent  kind  of  mili- 
tary bridge,  nbich  waa  couitructed  b;  Trajan 
acrou  the  Uanaba  (Dio  Cau.  Iiriii.  p.  TTtt,  and 


„  ry  ikilfully  dt 
truuei  of  wood,  framed  like  a  lon-pitcheu  rooi. 
Mneh  ingenuity  is  ihown  by  the  way  in  which 
the  engineer  baa  spanned  wide  spaces  with 
abort  piacei  of  timber.  The  engineer  who 
deMgned  this  bridga  wu  the  celebrated  ApoUo- 


Stgionari/  Caialogaei,  with  liits  of  the  bridges  in 
Koma.  [J.  H.  H.} 

PO'NTtFEX  (le^tiidffKoAoi,  Ufuiyat. 
Ufo^i\ai,  Uft^irTJity  The  origin' of  ibu 
word  is  eiplained  in  tarioui  ways.  Q.  Scaemli. 
who  was  himself  pontifei  maiimns,  derived  ii 
from  posts  and  fikxre,  and  V'arro  from  pol. 
Ixcause  the  pontilfs,  he  says,  had  bnilt  the  Poqs 
Sublicius,  and  afterwardi  frequently  restored  il. 
that  it  might  be  possible  to  jierroriD  stcrificri 
on  each  aide  of  the  Tiber.  (Varro,  i.  i.  r  dX 
ed.  MiilUr;  Dionya.  ii.  13.}  This  tUtemeoI  a. 
however,  contradicted  by  the  tradttion  mbith 
atcribet  the  building  of  the  Pons  Suhlicios  i» 
AncuB  Uaitins  (Lit.  i.  33),  at  a  time  wheo  thr 
ponUHs  badrlong  eiitted  and  borne  this  larot. 
Guttling  (UescA.  d.  SSm.  Staattv.  p.  173)  tbinki 
thst  pondfei  is  only  another  form  for  poa/Hfti: 
which  would  chanetcriie  the  pontiflii  oaly  " 
the  manager!  and  conductors  of  public  proctauoni 
and  solemniliet.  Otfaen'have  tuggetlcd  (c|<. 
Plut.  Xum.  9)  that  the  word  is  tormsii  Ima 
poat  and  factrt  (in  the  siguiGcatiDO  of  iii« 
Oreok  ^i^tv,  to  perform  a  tacriGce),  and  thst 
consequently  it  aignifies  the  pHesta  who  iiftr|d 
tacrlSces  upon  the  bridge  The  indent  tscnii" 
to  which  the  name  in  this  view  allndrt,  i>  thjl 
of  the  Argeant  on  thi  aacred  or  Sublidan  hnd|e. 
which  it  described  by  INofiyBiDS  (t  3S:  rf. 
Aroei).  Bat  at  the  word  piMi  oriiinsllr 
meant  "way"  (Cnrtius,  PriiK.  Elym.  i  333J,  , 
it  IS  very  probable  tbat  pontt/tx  meant "  thoie 
who  make  the  roads  and  bii^ges  "  (cp.  Lsaie. 
SBm.  Alt.  i.'  371),  and  are  thenfot*  posses"' 
of  mathematical  and  engin**riagakili(Uoinm»'>. 
R.  II.  i.  17B  :  cf.  Jordan,  li>pog.  Sant,  1. 1, 39')- 
UaR)uardt  prefers  to  regard  the  namt  as  caois^ 
from  the  root  pu,  "to  pnrify,"  in  a  partidpit^ 
form.     No   eiplaoatioB    ia  antisbctory  wbidi 


PONTIFEX 

does  not  aoooTint  for  the  fact  that  the  title  was 
used  in  maay  other  Italian  towns  besides 
Home. 

The  Roman  pontiffs  formed  the  most  illos- 

irions  among  the  great  col  leges  of  priests.     Their 

institution,  tike  that  of  all  important  matters  of 

religion^  was  ascribed  to  Nnma.    (Liv.  i.  20; 

Dionys.    iL    73^    Cic    de    Orat.    iil.    19,   73.) 

According  to  lAxj  (z.  6),  the  original  number 

of  poDtilfs  were  (bur:   it  has  been  commonly 

assamed  that  this  was  eicluAire  of  the  po'ntifex 

maximus,  and  that  Cicero  [de  Bep.  ii.  14,  26)  is 

indudidg  him  when  he  says  that  ^'uma  appointed 

Hre  pontiflb.     But  it  seems  probable  that  there 

was  no  pontifez  maximus  under  the  monarchy, 

the  king    himself  disch'arzing    the   functions, 

which  afterwards  were  fulfilled  by  him.    Besides, 

the  n^^mber  three  seems  to  have  l>een  attached 

to  this  office  as  well  as  to  that  of  the  augurs, 

being  retained  in  the  case  of  colonies,  which 

often  keep  £iithful  to  the  earliest  type.    Hence 

we  must  assume  that  Livy  is  in  error  in  the 

account  which  he  gives  of  the  changes  m^de  by 

the  Ogulnian  law;   and  instead  of  supposing 

with  Niebohr  that  four  pontifis  represent  the 

two  earliest  tribes,  the  Hamnes  and  the  Titles, 

it  will    be    better   to  assume    that    the    six, 

'including  the  king,  represent  the  three  tribes. 

ikit  we  really  cannot  get  beyond  conjectures  on 

this  point.    In  the  year  B.C.  300,  the  Ogulnian 

law  raised  the  number  of  pontiffs  to  eight,  or, 

more  probably  according  to  the  researches  of 

Bardt,  to  nine,  and  four  of  them  were  to  be 

plebeians  (Lir,  x.  6).    The  pontifex  maximus, 

however,  continued  to  be  a  patrician  down  to 

the  year  B.a  25f,  when  Tib.  Ooruncanius  was 

the  lirat  plebeian  who  was  invested  with  this 

dignity  (Lir.  Epit,  xriii.).  This  number  of  pontiffs 

remained  for  a  long  time  unaltered,  until  in 

81  B.C.  the  dictator  Sulla  increased  it  to  fifteen 

{Liv.  Epa,  Ixxxix.X  and  Julius  Caesar  to  sixteen 

(Dio  Cast.  zlii.  51).     In  both  these  changes  the 

pontifex  maximua  is  included  in   the  number. 

During  the  Empire  ^he  number'  varied,  though 

on  the  whole  fifteen  *  appears  to  have  been  the 

regular  number. 

The  mode  of  appointing  the  pontiffii  was  also 
different  at  different  times.  It  appears  that 
after  th^ir  institution  by  Numa,  the  college 
had  the  right  of  coaptation;  that  is,  if  a 
member  of  the  college  died  (for  all  the  pontiffs 
held  their  office  for  life),  the  members  met  and 
elected  a  successor,  who  after  his  election  was 
inauguratad  by  ^he  augurs  (Dionys.  ii.  22,  73). 
Thik  election  was  sometimes  called  captio 
<GelIins,  t.  12 ;  cf.  Flamen).  But  at  some  time 
ia  the  course  of  the  thir^  century  B.C.  the  practice 
sprang  up,  we  do  not  know  mora  precisely  how 
or  when,  that  the  choice  of  the  pontifex  maximus 
from  the  other  members  should  be  made  by  the 
^^otes  of  Mventeen  of  the  tribes,,  a  minority  of 
the  whole  number,  determined  by  lot.  This 
wss  the  case  with  the  election  after  the  deaih 
of  L  LentuJns  in  B.C.  212  (Liv.  xxv.  2,  5),  and 
vith  other  later  instances  (Liv.  xxxix.  46,  1 ; 
xl.  42).  The  ordinary  pohtiffis  were  still  co- 
ated. An  attempt  to  deprive  the  college  of 
^ts  right  of  co-optation,  and  to  transfer  the 
power  of  election  to  the  people,  was  made  in 
^he  year  1U3.  145,  by  the  tribune  C.  Licinius 
^^nasns;  but  it  was  frustrated  by  the  praetor 
^  LaeUus.    (Cic  de  Am.  25,  96 ;  BnU,  21,  43 ; 


PONTIFEX 


461 


do  Nat,  Dear,  ill  17,  43.)  In  104  B.C.  the 
attempt  was  successfully  repeated  by  the  tribune 
Cn.  Domitius  Ahenobarbus:  and  a  law  (Lex 
Domiiia)  was  then  passed,  which  transferred 
the  right  of  electing  the  members  of  the  great 
Colleges  of  priests  to  the  seventeen  tribes;  that 
is,  the  people  elected  one  from  a  list  of  candidates 
approved  by  the  college,  who  was  then  made  a 
member  of  the  college  by  the  coopAaiio  of  the 
priests  themselves,  so  that  the  cooptatiOj 
although  still  necessary,  became  a  mere  matter 
of  form.  (Cid.  de  Leg.  Agr.  ii.  7,  18 ;  od  Brut, 
i.  5;  VeU.  Pat.  iL  12,3;  Suet..  Nero,  2.)  The 
Lex  Domitia  was  repealed  by  Sulla  in  a  Lex 
Cornelia  de  Sacerdotiis  (81  B.C.),  which  restored 
to  the  great  priestly  colleges  their  full  right  of 
cooptaUo.  (lav.  Epit.  Ixxxiz. ;  Pseudo-Ascon.  in 
Divmat,  p.  102,  ed.  Orelli ;  Dio  Cass,  xxxvii.  37.) 
In  the  year  63  B.C.  the  law  of  Sulla  was 
abolished,  and  the  Doroitian  law  was  restored 
by  a  plgbiscite  of  Labienus,  •  which  prescribed 
that  in  case  of  a  vacancy  the  college  itself 
should  nominate  two  candidates,  and  the  people 
elect  one  of  them  (Dio  Cass,  xxxvii.  37).  This 
mode  of  proceeding  is  expi*essly  mentioned  in 
regard  to  the  appointment  of  augurs,  and  was, 
no  doubt,  the  same  in  that  of  the  pontifis  (Cic. 
PhUip,  ii.  2,  4).  Julius  Caesar  modified  but 
slightly  this  Lex  Domitia,  but  M.  Antonius  is 
said  to  have  again  restored  the  right  of  cooptatio 
to  the  college  (Dio  Cass.  xliv.  53).  llommsen 
(Staatsr.  ii.'  29)  doubts  the  accuracy  of  thu 
statement.  Under  the  Empire  the  right  of 
appointment  belonged  formally  to  the  senate, 
but  virtually  to  the  emperor. 

The  college  of  pontiffs  had  the  supreme 
superintendence  of  all  matters  of  religion,  and  of 
things  and  pezsons  connected  with  public  as 
well  as  private  worship.  A  general  outline  of 
their  rights  and  functions  is  given  by  Livy 
(i.  20)  and  Dionysius  (ii.  73).  This  power  is 
said  to  have  been  given  to  them  by  Nnma ;  and 
he  also  entrusted  to  their  keeping  the  books 
containing  the. ritual  ordinances,  together  with 
the  obligation  to  give  information  to  any  one 
who  might  consult  them  on  matters  of  religion. 
They  hiul  to  guard  against  any  irregularity  in 
the  observance  of  religious  rites  that  might 
arise  from  a  neglect  of  the  ancient  customs,  or 
from  the  introduction  of  foreign  rites.^  They 
had  not  only  to  determine  in  what  manner  the 
heavenly  gods  should  be  worshipped,  but  also 
the  proper  form  of  burials,  and  how  the  souls 
of  the  departed  (memea)  were  to  be  appeased; 
in  like  manner  what  signs  either  in  lightning  or 
other  phenomena  were  to  be  received  and 
attended  to.  They  had  the  judicial  decision  in 
all  matters  of  religion,  whether  private  persons, 
magistrates,  or  priests  were  concerned ;  and  fn 
cases  where  the  existing  laws  or  customs  were 
found  defective  or  insufficient,  they  made  new 
laws  and  regulations  (decreta  pontificwn)  in 
which  they  always  followed  their  own  judgment 
as  to  what  was  consistent  with  the  existing 
customs  and  usages  (GeU.  ii.  28;  x.  15).  They 
watched  over  the  conduct  of  all  persons  who  had 
anything  to  do  with  the  sacrifices  or  the  worship 
of  the  gods ;  that  to»  oref  all  the  priests  and  their 
servants.  The  ferms  of  worship  and  of  sacri- 
ficing were  determined  by  the  pontifis,  and 
whoever  refused  to  obey  their  injunctions  was 
punished  by  them,  for  they  were  ^  rerum,  quae 


462 


FONTIFEX 


PONTIFEX: 


ad  sacra  et  religionea  pertinent,  judicea  et 
rindicea."  (Feat.  a.  t^  Maxmua  pontifex;  c£^ 
Oic.  de  Leg.  ii.  8,  12.)  The  pontic  themselvea 
were  not  aabject  to  any  court  of  law  or  punish- 
ment, and  were  not  responaible  either  to  the 
senate  or  to  the  people^j  The  details  of  their 
duties  aDd  functions  were  contained  in  books 
called  Itbri  poniificu  or  pontificalea,  commentarii 
taesrortun  or  sacrontm  ponUficcUium  (Fest.  s.  tt. 
Aliuta  and  Occftum),  which  they  were  said  to 
hare  received  from  Numa,  and  which  were  sanc- 
tioned by  Ancus  Martius.  These  were  preserved 
under  the  charge  of  the  pontifex  maximua  in 
the  regie.  Ancut  is  said  to  hare  made  public 
that  part  of  these  regulations  which  had  refer- 
ence to  the  sacra  pwblioa  (Liv.  i.  32)^  and  when 
at  the  oommenoement  of  the  Republic  the  wooden 
tables,  on  which  these  published  regulations  were 
written,  had  fallen  into  decay,  they  were  restored 
by  the  pontifex  mazimus  C.  Papiriua  (Dionys. 
iii.  36).  One  part  of  these  Itbri  pontifioales  was 
called  ^  Indigitamenta,*'  and  contained  the  names 
of  the  gods  as  well  as  the  manner  in  which  these 
names  were  to  be  uaed  in  public  worship  (Serv. 
ad  Yerg.  Oeorg.  i.  21).  A  second  part  must 
have  contained  the  fozmolas  of  the  ^'iis  fHmUfi" 
civm  (Cic.  de  Mep.  ii.  81,  M).  The  original 
laws  and  regulations  contained  in  these  books 
were  in  the  course  of  time  increased  and  more 
accurately  defined  by  the  decrees  of  the  pontiffs, 
whence  perhaps  their  name  commentarii  (Plin. 
Jf,  N.  xviii.  3  J  Liv.  iv.  3 ;  Cic.  Brut.  14,  55). 
Another  tradition  concerning  these  books  stated 
that  Numa  oommnnicated  to  the  pontiffs  their 
duties  and.  rlehts  merely  by  woi^  of  mouth, 
and  that  he  had  butied  the  books  in  a  stone 
chest  on  the  Janiculum.  (Plut.  Sum.  23 ;  Plin. 
B.  N.  xiii.  27 ;  VaL  Max.  i.  1,  12 ;  August,  de 
(Xvit,  Dei,  vii.  34.)  These  books  were  found  in 
181  B.C.,  and  one-half  of  them  contained  ritual 
regulations  andtheyus/70M^i)lcit«m,and  the  other 
luLif  philosophical  inquiries  on  the  same  subjects, 
and  were  written  in  the  Gre^k  language.  The 
books  were  brought  to  the  praetor  urbanua  Q. 
Petiliuft,  and  the  senate  ordered  the  latter  half 
to  be  burnt,  while  the  former  was  carefully 
preserved.  Respecting  the  nature  and  authen- 
ticity of  this  story,  see  Hartnng,  Die  S/dig.  d. 
£dm,  i.  p.  214.  The  amtaiee  maximi  were  recorda 
of  the  events  of  each  y^ar  kept  by  the  pontifex 
maximus,  from  the  commencement  of  the  state 
to  the  time  of  the  pontifex  maximus  P.  Muaus 
Scaevola,  B.a  133  (Cic.  de  Orat.  ii.  12,  62). 

As  to  the  rights  and  duties  of  the  pontiffs,  it 
must  first  of  all  be  borne  in  mind  that  the 
pontiffs  were  not  priests  of  any  particular 
divinity,  but  a  college  which  stood  above  all 
other  priests,  and  superintended  the  whole  ex- 
ternal worship  of  the  gods  (Cic.  de  Leg.  ii.  8,  20). 
One  of  their  principal  duties  was  the  regulation 
of  the  sacra  both  publioa  and  privatay  and  to 
watch  that  they  were  observed  at  the  proper 
times  (for  which  purpose  the  pontiffs  originidly 
had  the  whole  regulation  of  the  calendar :  see 
Calendarium,  Vol.  L  p.  342  6,  &c),  and  in  their 
proper  form.  In  the  management  of  the  aacra 
publico  they  were  in  later  times  assisted  in 
certain  performances  by  the  tres  viri  epulones 
[fiPULONKsl  and  had  in  their  keeping  the  funds 
from  which  the  expenses  of  the  sacra  pMica 
were  defrayed  [Sagba]. 

The  pontiffii  convoked  the  assembly  of  the 


curies  (Comitia  Calata  or  Curiata)  in  cases  where 
priests  were  to  be  appointed,  and  flamines  or  a 
rex  sacrorum  were  to  be  inaugurated ;  also  when 
wills  were  to  be  received,  and  when  a  deteitatio 
eacrorum  and  adoption  by  adrogatio  took  place. 
(Gell.  V.  19,  XV.  27 ;  Adofho.)  Whether  the 
presence  of  the  pontiffii  together  with  that  of 
the  augurs  and  two  flamines  were  necessary  in 
ihe  Comitia  Curiata  also  in  cases  when  other 
matters  were  transacted,  as  Niebuhr  thinks 
(i.  p.  342,  ii.  p.  223),  does  not  appear  to  be 
quite  certain.  The  curioua  drcnmatance  that 
after  the  decemvirate  the  pontifex  maximus  was 
commanded  by  the  senate  to  preside  at  the 
election  of  tribunes  of  the  people,  la  explained  by 
mebuhr  (ii.  p.  359 :  cf.  Schwegler,  iii  66,  and 
Mommsen,  BSm.  Staater.  ii.  34,  note). 

As  regards  the  jurisdiction  of  the  pontiffi^ 
magistrates  and  priests  as  well  as  private  iodi« 
viduals  were  bound  to  submit  to  their  sentence/ 
provided  it  had  the. sanction  of  three  members 
of  the  college  (Cic  de  ffarusp.  Resp.  6,  12).    is 
most  cases  the  sentence  of  the  ponti^  only  in- 
flicted a  fine  upon  the  offenders  (Cic  Philip,  n. 
8,  18 ;   Liv.  xxxvii.  51,  xL  42X  bat   the  person 
fined  had  a  right'  to  appeal  to  the  people,  who 
might  release  him  from  the  fine.     In  regard  to 
the  Vestal  Virgins  and  the  persons  who  com- 
mitted incest  with  them,  the  pontiiKi  had  crimi- 
nal jurisdiction  and  might  pronounce  the  senteoce 
of  death  (Dionys.  ix.  40)  Liv.  xxii.  57;  Fest. 
s.  V.  Probrtan).      A   man  who   had  violated  s 
Vestal  Virgin  was  according  to  an  ancient  lavr 
scourged  to  death  by  the  pontifex  maximus  in 
the  comitium,  and  it  appears  thai  originaUj 
neither  the  Vestal  Virgins  nor  the  male  offenders 
in  such  a  case  had  any  right  of  appcoL    inoeft 
in  general  belonged  to  the  jurisdiction  of  the 
pontiffs,  and  might  be  punished  with  death  (Cic 
de  Leg.  iL  19,  47).    In  later  times  we  find  tbst 
even  in  the  com  of  the  pontiflb  having,  passed 
sentence  upon  Vestal  Virgins,  a  tribune  inter- 
fered and  induced  the  people  to  appoint  a  quaestor 
for  the  purpose  of  making  a  frtth  inquiry  into 
the  case ;  and  it  sometimes  happened  that  alter 
this  new  tnal  the  sentence  of  the  pmitiffs  wis 
modified  or  annulled  (Ascon.  ad  Jiikm.  p.  46,  ed. 
Orelli).    Such  cases,  however,  seem  to  have  been 
mere  irregularities  founded  upon  on  abuse  «f 
the  tribunician  power.    In  the  early  times  the 
pontiffs  were  in  the  exclusive  possession  of  the 
civil  as  well  as  religious  law,  until  the  former 
was  made  public  by  C.  Flaviua.     [Acno.]    The 
regulations  which    served  as  a  guide  to  the 
ponttffii  in  their  judicial  proceedings,  formed  a 
large  collection  of  laws,  which  was  called  the 
jtte  pontifidumf  and   formed   part  of  the  /^ 
ponHficU.    (Cic.  de  Orai.  I  43,  193 ;  UL  3S»  134  ; 
pro  Doma,  13,  34:   Jus.)     The    new   decrees 
which  the  pontiffs  made  either  on  the  proposal 
of  the  senate,  «or  in  cases  belonging  to  the  eacra 
privatOf  or  that  of  private  individuals,  were,  ss 
Livy  (xxxix.  16)  says,  innumerable.    (Comptfc 
Cic  de  Leg.  ii.  23,  58  ^   Macrob.  SaL  ui.  S; 
Dionys.  ii.  73.) 

The  meetings  of  the  college  of  pontifis,  to 
which  in  some  instances  the  flamines  and  tk« 
rex  sacrorum  were  summoned  (Cic.  de  Hereap. 
Reap.  6, 12X  were  held  in  the  domm  regia  on  the 
Via  Sacra,  to  which  were  attached  the  oBoea 
of  the  pontifex  maximus  and  of  the  rex  sacro- 
rum.   (Suet.  Jul.  46;  Serv.  ad  Aetu  viii.  363; 


PONTIPEX 

Plin.  Epist,  \y,  11.)  Af  the  chief  pontiff  wa« 
obliged  to  lire  in  a  donvus  pubUca,  Augnstnt, 
'when  he  assumed  this  dignity,  changed  part  of 
bis  own  house  into  a  domus  yublica  (Dio  Cass. 
liv.  2« ).  All  the  pontiffs  were  in  their  appear- 
a.acc  distingnished  by  the  conic  cap  called  tutu- 
lus  or  golerusy  with  an  apex  upon  it,  and  the 
to|ra  praetexta. 

The  pontifez  mazimus  was  the  president  of 
the  college  and  acted  ii\  its  name,  the  full  rights 
of  the  king  in  religions  matters  having  descended 
to  him  (Mommsen,  R.  Staatsr.  ii.  17-70).     He 
'was  generally  chosen  from  among  the  most  dis* 
tingnished  persons,  and  such  as  had  held  a  curule 
magistracy,  or  were  already  members  of  the  col- 
lege (Liv.  zzzv.  5 ;  zl.  42).    Two  of  his  espe- 
cial duties  were  to  appoint  (capere)  the  Vestal 
#Virgins  and  the  flamines  [Vestales  ;  Flajien}, 
land  to  be  present  at  every  marriage  by  confat' 
^reatio.     When  festive  games  were  vowed  or  a 
dedication  made,  the  chief  pontiff  had  to  repeat 
uver  before  the  persons  who  made  the  vow  or 
the  dedication,  the  formula  with  which  it  was 
to  be  performed  (praeire  or  praefari  verbOf  Liv. 
IT.  27,  V.  41,  iz.  46).     During  the  period  of  the 
Republic,  when  the  people  ezerdsed  sovereign 
power  in  every  respect,  we  find  that  if  the  pontiff 
on  constitutional  or  religious  grounds  refhsed 
to  perform  this  solemnity,  he  might  be  compelled 
to  do  so  by  the  people. 

A  pontifez  might,  like  all  the  members  of  the 
great  priestly  colleges,  hold  any  other  military, 
civil  or  priestly  office,  provided  the  different 
offices  did  not  interfere  with  one  another.  Thus 
we  find  one  and  the  same  person  being  pontiff, 
aagur,  and  decemvir  sacrorum  (Liv.  xl.  42) ; 
instances  of  a  pontifez  mazimus  being  at  the 
same  time  codiul  are  very  numerous.  (Liv. 
xxviii.  33;  Cic.  de  Harusp.  Resp,  6,  12;  cf. 
Ambro5ch,  Studien  ttnd  Andeutungen,  p.  229, 
note  105.)  But  whatever  might  be  the  civil 
or  military  oflioe  which  a  pontifez  mazimus  held 
besides  his  pontificate,  he  was  not  allowed  to 
leave  Italy.  The  first  who  violated  this  law 
was  P.  Licinius  Crassus,  in  B.C.  131  (Liv.  Epit, 
59;  Val.  Max.  vili.  7,  6;  Oros.  v,  10);  but 
after  this  precedent,  pontiffs  seem  to  have  fre- 
quently transgressed  the  law,  and  Caesar, 
though  pontifez  mazimus,  went  to  his  province 
of  GanL 

The  college  of  pontiffs  continued  to  ezist  until 
the  overthrow  of  paganism  (Amob.  iv.  35; 
Srmmach.  Epit  iz.  128,  129);  but  its  power 
and  influence  were  considerably  weakened  as 
the  emperors,  according  to  the  example  of 
Caesar,  had  the  right  to  appoint  as  many  mem- 
bers of  the  great  colleges  of  priests  as  they 
pleased  (Dio  Cass.  zlii.  51,  zliii.  51,  li.  20,  liii. 
17  •  Suetw  Goes.  31).  In  addition  to  this,  the 
emperon  themselves  were  always  chief  pontiffs, 
and  as  such  the  presidents  of  the  college ;  hence 
the  title  of  pontifez  mazimus  (P.  M.  or  PON.  M.) 
appears  on  several  coins  of  the  emperors.  If 
there  were  several  emperors  at  a  time,  only  one 
bore  the  title  ,of  pontifez  mazimus ;  but  in  the 
year  A.D.  238,  we  find  that  each  of  the  two 
emperors  Mazimus  and  Balbinus  auumed  this 
dignity  (Capitol.  Maxim,  et  Balb.  8);  The  last 
traces  of  emperors  being  at  the  same  time  cliief 
pontiffs  are  found  in  inscriptiMis  of  Valentinian, 
Valensy  and  Gratianus  (Orelli,  Inscript,  n.  1117, 
1118).    The  last  formally  renounced  the  title 


POPLIFUGIA 


463 


in  A.D.  382.  From  this  time  the  emperors  no 
longer  appear  in  the  dignity  of  pontiff;  but  at 
last  the  title  was  assumed  by  the  Christian 
bishop  of  Rome. 

There  were  other  pontiffs  at  Rome  "who  were 
distinguished  by  the  epithet  minores.  Various 
opinions  have  been  entertained  as  to  what  these 
porUifices  minores  were.  Niebuhr  (i.  p.  302, 
n.  775)  thinks  that  they  were  originally  the 
pontiffs  of  the  Luceres ;  that  they  stood  in  the 
same  relation  to  the  other  pontiffs  as  the  patres 
minorum  gentium  to  the  patres  majorum  gentium  ; 
and  that  subsequently,  when  the  meaning  of  the 
name  was  forgotten,  it  was  applied  to  the  secre- 
taries of  the  great  college  of  pontiffs.  This 
supposition  is  contradicted  by  all  the  statements 
of  ancient  writers  who  mention  the  pontificet 
minores,  Livy  (zzii.  57 ;  compare  Jul.  Capitol. 
OpU,  Macrin.  7),  in  speaking  of  the  secretaries 
of  the  college  of  pontiffs,  adds,  '^quos  nunc 
minores  pontifices  appellant;"  from  which  it 
is  evident  that  the  name  pontifices  minores  was 
of  later  introduction,  and  that  it  was. given  to 
persons  who  originally  had  no  claims  to  it ;  that 
is,  to  the  secretaries  of  the  pontiffs.  The  only 
natural  solution  of  the  question  seems  to  be 
this.  At  the  time  when  the  real  pontiffs  began 
to  neglect  their  duties,  and  to  leave  the  principal 
business  to  be  done  by  their  secretaries,  it  became 
customary  to  designate  these  scribes  by  the  name 
of  pontifices  minores.  Macrobius  (Sat.  i.  15),  in 
speaking  of  minor  pontiffs  previous  to  the  time 
of  Cn.  Flavins,  makes  an  anachropism,  as  he 
transfers  a  name  customary  in  his  own  days  to 
a  time  when  it  could  not  possibly  ezist.  The 
number  of  these  secretaries  seems  to  have  been,  at 
least  after  the  time  of  Sulla,  three  (Cic.  de  Harusp. 
JResp  6,  12).  The  name  cannot  have  been  used 
long  before  the  end  of  the  Republic,  when  even 
chief  pontifi  began  to  show  a  disregard  for  their 
sacred  duties,  as  in  the  case  of  P.  Licinius  Crassus 
and  Julius  Caesar.  Another  proof  of  their  fall- 
ing off  in  comparison  with  former  days,  is  that 
about  the  same  time  the  luxurious  living  of  the 
pontiffii  became  proverbial  at  Rome  (Hor.  Carm. 
ii.  14,  26,  &c. ;  Mart.  zii.  48,  12 ;  Macrob.  Sat. 
ii.  9).  (Cf.  Bouch^-Leclercq,  Les  Pontifes  de  Pane. 
Rom^y  Paris,  1871;  Marquardt,  iii.  227-238; 
Madvig,  Verf,  u.  Verw.  ii  612-633 ;  Mommsen, 
R.  Staatsr.  ii.  18-70.)  [L.  S.]    [A.  S.  W.] 

PONTIFICA'LES  LUDL     [Lvdi  Ponti- 

FICALES.1 

PONTIFrCIUM  JUS.    [Jus.] 
POP  A.    [Caupona;  Sacbifxciux.] 
POPI'NA.    [Caupona.] 
POPLIPU'GIA  or  POPULIFU'GIA,  the 

day  of  the  people's  flight,  was  celebrated  on  the 
5th  of  July,  according  to  Varro  (X.  X.  vi.  18),  in 
commemoration  of  the  flight  of  the  Romans, 
when  the  inhabitants  of  Ficuleae  and  Fidenae 
appeared  in  arms  against  them,  shortly  after 
the  burning  of  the  city  by  the  Gauls;  the  tradi- 
tional victory  of  the  Romans,  which  followed, 
was  commemorated  on  the  7th  of  July  (called  the 
Nonae  Caprotinae  as  a  feast  of  Juno  Caprotina), 
and  on  the  nezt  day  was  the  VittJatio,  supposed 
to  mark  the  thank-offering  of  the  pontifices  for 
the  event.  Macrobius  (Sat.  iii.  2),  who  wrongly 
places  the  Poplifugia  on  the  nones,  says  that 
it  commemorated  a  flight  before  the  Tuscans, 
while  Dionysius  (ii.  76)  refers  its  origin  to  the 
flight  of  the  people  when  Romulus  disappeared 


464 


POPULABES 


P0PULU8 


-^ 


from  the  earth.     (Marqaardt,  StaiUverw.  iii. 
>»*325.)  [W.  S.]     [G.  E.  M.] 

POPULA'BES.    [NoBiLcs.] 

POPULA'RIA.  [Amphitueatruji,  ^[ol.  I., 
p.  112  a.]  V— 

PO'PULUS.  Populus  is  the  collective  name 
for  the  whole  citizens  of  Kome,  of  whatever  rank 
and  class.  There  was  probably  a  time  when  the 
ancestors  of  those  who  retained  to  the  end  the 
title  of  patricu  were  the  onlj-  persons  who  pos- 
sessed the  rights  of  citizens.  At  that  time  the 
assemblies  (comitid)  of  the  populus  would  consist 
wholly  of  patriciaoB.  It  is  possible,  likewise, 
that  the  outsiders,  after  they  had  attained  to 
the  rights  of  citizens  in  private  law,  were  fur  a 
time  excluded  from  active  participation  in  the 
assemblies  of  the  populus.  They  would  then  be 
in  the  position  of  the  cives  sine  suffragio  of  later 
days.  It  is  not  impossible  (though  here  we 
come  into  dangerous  collision  with  the  ancient 
authorities)  that  the  non-patrician  Romans  were 
admitted  to  a  vote  when  the  populus  assembled 
in  its  military  capacity  (comitia  csntnriatd) 
before  the  same  privilege  was  accorded  to  them 
when  the  populus  met  in  peaceful  fashion  within 
the  walls  (comitia  curiata).  But  all  this  relates 
to  pre-historic  times.  There  is  no  evidence  that, 
from  the  expulsion  of  Tarqufn  onwards,  the 
plebeians  were  ever  excluded  from  any  kind  of 
assembly  of  the  populus  Romanus.  In  all  the 
history  of  the  contest  of  the  orders,  we  never 
hear  of  this  privilege  as  a  thing  which  remained 
to  be  fought  for. 

The  populus  Romanus  is  in  theory  sovereign 
in  all  matters.  Every  difficulty  can  be  solved 
in  the  last  resort  by  its  interposition,  and  its 
command  is  law :  **  l^x  est  quod  populus  jubet 
atquc  constituit"  (Gaius,  i.  S).  It  cannot  be 
bound  even  by  its  own  previous  decisions  :  ^*  quod 
populus  postremum  jussisset,  id  jus  ratumque 
esto  '*  (Law  of  Twelve  Tables).'  It  may  ordain 
and  alter  what  it  pleases  in  its  own  constitution, 
or  in  the  powers  and  tenure  of  its  magistrates, 
or  in  the  delegation  of  rights  to  other  persons  or 
bodies,  or  finally  in  the  ordinances  of  religion 
itself.  This  very  omnijiotence  necessitated 
caution  in  the  use  of  such  unlimited  authority. 
Especially  the  Roman  people  must  be  careful 
not  to  oxdain  anything  which  is  likely  to  cause 
the  withdrawal  of  the  blessing  of  heaven  on 
their  actions.  The  populus  by  its  own  act 
(for  there  is  none  above  it)  protects  itself  against 
its  own  possible  mistakes  by  attaching  to  each 
decree  a  saving  clause,  *'  si  quid  sacrosanct!  est, 
quod  non  jure  sit  rogatnm,  ejus  hac  lege  nihil 
rogatur"  (see  for  references  and  explanation 
Mommsen,  Staatsr.  iii.  p.  43,  n.  3,  and  p.  335, 
n.  2).  In  order  to  determine  what  may  safely  be 
commanded  in  the  sphere  of  religion,  the  people 
naturally  takes  the  advice  of  learned  men, 
pontiffs  and  augurs,  who  are  supposed  to  have 
4])ecial  knowledge  in  these  subjects. 

In  order  to  utter  its  supreme  command  the 
people  must  be  properly  summoned  and  have 
the  question  properly  put  to  it  (<*  consul  popu- 
lum  jure  rogavit**).  The  Romans  always  recog- 
nised the  necessity  for  order  and  discipline : 
*^  ubicunque  multitudo  esset,  ibi  at  legitimum 
rectorem  multitudinis  censebant  debere  esse " 
<Liv.  xxxix.  15,  11).  The  magistrate,  selected 
hj  the  community  to  be  its  leader  and  to  consult 
the  gods  on  its  behalf,  is  the  only  person  who 


can  elicit  its  sovereign  will   by  putting  the 
question  with  the  proper  solemnities  (auspicextoX 
The  initiative  residing  in  the  magistrate  is  thus 
of  the  highest  practical  importance.    The  assem- 
bly can  only  answer  Ves  or  No  to  his  rogatio. 
But  while  fully  admitting  the  great  influence 
of  the  magistrate  in  the  comitia,  we  must  be 
careful  not  to  exaggerate  his  formal  attributes, 
or  to  forget  that  he  does  not  ordain,  but  only 
requests  the  people  to  ordain  ("  Velitis  jubeatis, 
Quirites").      We  can  hardly   bold  then,  with 
Mommsen  {Staatsr.  iii.  304,  312^  that  it  is  of 
the  essence  of  a  lex  rogata  to  be  an  agreement 
between  two  independent  powers,  the  magistrate 
and  the  people.   Other  writers  have  gone  further 
than  this,     borgeaud,  for  instance,  approves  the 
doctrine  that  sovereignty  legitimately  resides  in 
the  magistrate  rather  than  in  the  people,  and 
that  law  in  its  truest  conception  is  something 
imposed  on  the  people  from  above:  ^The  fact 
that  the  magistrate  of  ancient  Rome,  elected 
though  he  may  be,  does  not  hold  his  power  from 
the  assembly  of  the  people,  is  a  truth  which 
criticism  establishes  each  day  more  and  more. 
We  think  that  it  will  establish,  likewise^  that 
the  law   is  on  the  same   footing"  (HisL  dtt 
FlMxite^  p.    114).     ««In  the   time  when  the 
magistrate  and   the   law  are   by  divine  right 
there  is  no  other  sovereign  than  the  magistrate, 
consecrated  by  the  auspices  of  heaven  and  clothed 
with  the  imperium  "  (t&.  p.  167).    Snch  theories 
are  in  admitted  contradiction  with   the  ideas 
which  the  Romans  of  historical  timet  entertained 
as  to  the  basis  of  their  own  inatttutions.    These 
institutions  are  represented  as  given  indeed  by 
the  first  king,  who  was  also  the  founder  of  the 
state.     Before  Romulust,  the  Roman  people  did 
not  exist,   so  that  it  could  not  of  course  be 
depicted  as  electing  its  first  king  or  instituting 
its  own  senate  or  assembly.     But  with  this 
exception,   the  Roman  tradition  is  essentially 
republican  in  spirit.   If  the  Romans  had  believed 
in  the  divine  right  of  monarchy,  they  would 
certainly  have  enshrined  it  (as  did  the  Spartans) 
in  a  heroic  family.     If  they  had  imagined  that 
the  magistrate  was  inspired  to  dictate  laws  to 
them,  they  would  have  ascribed  to  him  and  not 
to  the   comitia  the  authority  to  override  the 
sentence  of  the  law  in  favour  of  a  condemned 
criminal,  and  to  undertake  an  offensive  war,  and 
to  enable  the  citizen  to  dispose  of  his  property 
to  persons  other  than  his  natural  hein.    it  ii 
just  in  such   extreme  cases  that  we  can  see 
where  sovereignty  really  resides.     Because  the 
power  of  the  magistrate  is  limited,  the  unlimited 
power  of  the  people  has  to  be  called  upon  to 
intervene  in  snch  circumstances. 

The  practical  activity  of  the  populus  is  at 
every  stage  of  Roman  history  hampered  and 
restricted.  In  early  times  there  was  little  to 
be  done  in  the  #ay  of  government  beyond  the 
command  in  war  and  the  administration  of 
justice,  both  of  which  were  included  in  the  im- 
perium of  the  magistrate.  The  authorised  body 
of  advisers  attached  to  the  magistrate  would 
likewise  make  the  frequent  consultation  of  the 
people  unnecessary.  Later  on,  the  difficaltirs 
in  the  way  of  a  magistrate  who  wished  to  put  a 
question  to  the  people  were  ever  on  the  increase, 
and  every  such  difficulty  might  be  an  obstsde 
between  the  people  and  the  ntteranct  of  its  will. 
In  the  presence  of  this  practical  nullity  the 


P0PULU8 

penitUnce  of  the  doctrine  that  the  People  U  the 
foant  of  power  and  the  ibnnt  of  law  becomes 
the  more  remarkable.  The  magistrate  (even  the 
king)  is  represented  as  having  not  a  co-ordinate 
bat  a  derived  power.  His  ministerial  functions 
are  necessary  for  the  proper  ntterance  of  the 
Toice  of  the  people,  bat  it  is  the  people  and  the 
people  alone  whose  commands  are  absolute.  The 
sk  tolo  tic  jtAeo  which  is  the  essential  charac- 
teristic of  sovereignty  is  to  be  found  here  alone, 
it  is  open,  of  oonrse,  to  the  critic  to  point  out 
thst  our  authorities  for  this  presentation  of  the 
Roman  constitution  are  of  late  time,  and  that 
ther  may  have  read  into  the  early  history 
ideas  which  belonged  to  a  subsequent  period. 
This  may  be  a  reasonable  ground  perhaps  for 
3ceptictsm,  but  hardly  for  setting  up  by 
eonjectare  a  system  of  doctrines  which  were 
nnkaown  to  the  Romans  themselves.  We  can 
only  present  the  Roman  constitutional  theory 
ss  it  appeared  to  the  Romans  of  historical 
times. 

The  assemblies  of  the  populus  Romanus  are 
oocsuonally  called  by  the  general  name  of 
coao/id,  but  their  distinctive  title  is  oomt^ta. 
Omdlium  is  more  appropriately  used  of  those 
aisemblies  which  have  no  right  to  the  more 
dignified  and  specific  title  of  oomitia.  The 
populus  Romanus  assembles  in  historical  times 
in  three  ways, — ^by  curies,  by  centuries,  and  by 
trihtLs  The  most  concise  account  is  that  of 
Laslios  Felix  in  Aul.  Gell.  xv.  27 :  ''Is  qui  non 
unirersnm  populum  sed  partem  aliquam  adesse 
jabet,  non  oomitia  sed  concilium  edicere  debet. 
Tribuni  autem  neque  advocant  patricios  neque 
^  COS  ferre  nlla  de  re  possunt ....  Cum  ex 
gencribus  hominum  suffingium  feratnr  curiata 
comitia  esse,  cum  ex  censu  et  aetata  oenturiata, 
<^ni  ex   regionibus  et    locis    tributa."     [See 

COMITU.] 

V  From  the  time  of  the  secession  to  the  Mons 
^uer,  the  populus  Romanus  has  side  by  side  with 
it  soother  great  corporation,  that  of  the  plebs. 
Ilie  two  corporations,  though  consisting  in  the 
main  of  the  same  persons,  remained  to  the 
«Qd  of  the  Republic  distinct  in  law.  But  the 
>iict  that  the  assemblies  of  both  are  popular 
Attemblics,  and  that  both  the  words  poputua 
Aod  pMf  may  be  used  in  a  loose  and  general 
^  well  as  in  a  technical  sense,  causes  much 
<'OQftuion  when  we  are  dealing  with  the  ex- 
pressions, not  of  lawyers,  but  of  politicians 
"f  historians^  The  confusion  may  best  be 
illustrated  by  a  passage  of  Livy  (xxvii.  6,  16) 
nbers  the  distinction  is  alternately  remembered 
^Bd  forgotten:  **I>ecrevit  senatus  ut  consul, 
f  rinequam  ab  urbe  discederet,  populum  rogaret, 
•)Qem  dictatorem  did  placeret,  eumque  quem 
WpuJus  jussisset,  diceret  dictatorem ;  si  consul 
oofoimet,  praetor  populum  rogaret:  si  ne  is 
^Bidem  vellet,  tum  tribuni  ad  plebem  ferreot. 
Qnnm  consul  se  populum  rogaturum  negasset, 
lood  suae  potestatis  esset,  praetoremque  vetu- 
^■«t  rogare,  tribuni  plebis  rogarunt  plebesque 
^avit,  ut  Q.  Fulvius  .  .  .  dictator  diceretur." 
^  &r  the  words  are  used  with  absolute 
^"irectsess;  but  immediately  afterwards  he 
loskes  the  senate  send  for  the  other  consul 
"vt  dioeiet,  quem  popnlua  jussisset,  dicta- 
torem." 

Bv  the  Hortensian  law  of  B.C.  287  the  decrees 
«f  the  plebe  received  equal  force  with  those  of 


POPULUS 


465 


the  populus  [see  Plebxscitux].  Those  writers*^ 
who  view  even  the  legislative  capacity  of  the 
populus  as  a  setting  aside  of  ancient  doctrine, 
and  as  an  usurpation  by  the  secular  power  in 
the  province  of  dirine  right,  consider  the  power 
accorded  to  the  decisions  of  the  plebs  as  a 
further  step  on  the  path  of  impiety.  *«  Reli  gioo," 
says  Borgeaud  {op.  cit.  p.  154),  "lends  its 
force  to  the  consular  or  praetorian  law,  made 
under  the  auspices  of  Heaven.  The  spear  makes 
the  plebiscite  equal  to  the  law."  *'  In  setting 
itself  up  as  equal  to  the  holy  Law,  it  a  lay 
and  profiine  thing,  the  plebiscite  secularises 
law ;  it  emancipates  it  definitely  from  religion ; 
it  makes  it  human  "  (t&.  p.  192).  There  is  little 
to  justify  this  contrast.  The  plebeians  were  ss 
religious  as  they  knew  how  to  be.  Their 
magistrates  are  not  indeed  qualified  to  take 
the  auspices  of  the  patricians  which  are  those 
of  the  Roman  people,  and  so  their  assemblies 
cannot  be  held  auaphato.  The  plebs  came  into 
existence  in  an  age  when  it  was  not  at  all  easy 
for  them  to  invent  auspices  of  their  own  and 
fresh  augurs  to  interpret  them.  But  they 
went  as  near  to  this  as  possible.  They  had 
their  consecration  of  the  Sacred  Mount,  their 
solemn  oaths  in  the  presence  of  Heaven,  the 
aacroBcmctUas  conferred  on  their  magistrates. 
These  rites  were  doubtless  acquiesced  in  with 
contempt  by  the  patricians,  much  as  Sudra  rites 
would  be  despised  though  not  disallowed  by 
Indian  Brahmins,  but  they  were  none  the  less 
religious.  Even  supposing  that  we  deny  any 
religious  sanctity  to  the  decrees  of  the  plebs  as 
such,  it  must  be  remembered  that  since  the  Lex 
Hortensia  they  could  claim  a  derived  right. 
The  law  of  Hortensius  was  an  enormous  act  of 
sovereigntv  on  the  part  of  the  populus  Romanus. 
The  populus  saw  fit  in  the  plenitude  of  its 
power  to  decree  that  an  alter  ego  should  be  set 
up  in  the  person  of  the  plebs.  Whoever  then 
denies  the  competence  of  the  plebs,  limits  the 
power  of  the  populus,  and  sets  at  nought  all 
the  sanctity  which  the  law  may  have  acquired 
from  the  regal  prerogatives  of  the  dictator's 
office,  and  fi*om  the  auspices  and  prayers  with 
which  doubtless  Hortensius  commenced  the 
business  of  the  day. 

The  equivalence  of  the  powers  of  the  two 
corporations  naturally  increased  the  tendency 
to  use  indiscriminately  the  technical  terms 
belonging  to  each ;  and  the  contrast  between 
populuSf  comitia,  lex,  jubere  on  the  one  hand, 
and  plebs,  concilium,  plebiacitum,  aciacere  on  the 
other,  is  practically  disregarded.  This  confused 
usage  has  led  in  one  instance  to  a  serious 
difficulty  of  interpretation.  The  corporation  of 
the  plebs,  which  before  the  law  of  Publilius 
Volero  in  B.C.471  probably  assembled  by  curies, 
after  that  date  assembled  by  tribes,  and  by 
tribes  only.  Thus,  while  in  the  case  of  a 
curiate  or  a  centuriate  assembly  we  know  at 
once  that  the  body  which  is  meeting  must 
be  the  populus,  in  the  case  of  a  tribute 
assembly  it  is  not  always  clear  whether 
the  populus  or  the  plebs  is  intended.  Some 
modem  writers  (e.g.  Madvig,  Verfasstmg  de$ 
rihn,  Staates,  3,  §  5)  have  imagined  that  not 
only  was  there  a  confusion  of  expression,  but  that 
there  was  actually  only  one  such  assembly.  The 
ancient  authorities  seem,  however,  conclusive  on 
this  point.    The  assembly  by  tribes  which  is 

2  H 


466 


P0RI8TAE 


PORTA 


called  together  by  the  tribunes  cannot  be  an 
assembly  of  the  popnlus  Romanns,  fur  **populi 
appellatione  nniversi  cives  significaDtar,  connu- 
meratls  etiam  patridis"  (Gains,  i.  3),  and 
**  tribuni  neque  adrocant  patricios  neqne  ad  eos 
ferre  uUa  de  re  possnnt "  (Laelios  in  Aul.  GelL 
XT.  27).  On  the  other  hand,  the  assembly  of 
the  plebs  cannot  be  that  tribute  assembly  which 
confers  the  lesser  auspicia  patriciorum  [see 
HAOiffTRATUB],  which  is  presided  over  by  a 
patrician  magistrate  (see  Cic.  ad  Fam,  vii.  30, 
*' Caesar,  qui  tributis  comitiis  auspicatus  esset," 
&c.),  and  which  passes  laws  on  the  rogaUo  of  a 
consul*  (See  the  preamble  to  the  law  in 
Frontinus,  ds  Aqvia^  ch.  129:  ''T.  Qninctius 
Crispinus  consul  populam  jure  rogarit  populus- 
que  jure  scivit  in  foro  pro  rostris  aedis  divi 
Julii  pri.  k.  Julias.  Tribus  Sergia  principium 
fuit,  pro  tribu  Sex.  L.  f.  Varro  primus  scivit.") 
There  seems  no  escape  from  Mommsen's  con- 
clusion that  the  two  corporations  remained 
distinct;  though  the  plebs  always,  and  the 
populus  sometimes,  assembled  by  tribes. 

£ach  of  the  two  corporations  had  of  course 
the  election  of  its  own  officers,  and  by  a  special 
regulation  of  the  Twelve  Tables  the  popnlus, 
and  the  populus  assembled  in  centuries,  was 
alone  competent  to  hear  an  appeal  from  the 
sentence  of  a  magistrate  affecting  the  life  of  a 
citizen.  With  these  exceptions  the  assembly  of 
the  populus  by  way  of  tribes  or  of  centuries  and 
the  assembly  of  the  plebs  were  equally  competent 
to  pass  sovereign  decrees  in  all  matters,  and  there 
are  both  leges  and  plebiscita  relating  to  all 
manner  of  subjects  of  legislation.  Even  in  the 
few  reserved  matters,  the  two  approach  each 
other  as  nearly  as  possible.  The  plebs  may  not 
indeed  elect  a  consul  or  a  praetor,  but  it  mav 
appoint  a  man  to  act  pro  praetore  or  pro  consvie 
(Liv.  xxxi.  50,  11).  It  may  not  deprive  a 
citizen  of  his  caputs  but  it  may  decree  that  he 
shall  be  held  to  have  deprived  himself  Q*^  videri 
eum  in  exilio  esse,"  Liv.  xxv.  4,  9X  or  it  may 
authorise  the  senate  to  try  him  (Liv.  xxvi.  33, 12), 
or  it  may  itself  pronounce  a  capital  sentence 
against  him,  conditionally  on  the  finding  of  a 
jury.  It  is  a  tribune  of  the  plebs,  Fufius,  of 
whom  Cicero  {^Paradox,  iv.  2,  32)  says  to 
Clodius:  **  Familiarissimus  tnus  de  te  privi- 
legium  tulit,  ut  si  in  opertum  Bonae  Deae 
accessisses  ezulares." 

The  distinction  between  populus  and  plebs, 
all  important  for  the  antiquarian  and  the 
constitutional  lawyer,  was  practically  of  no 
significance  for  the  statesman.  Polybius  in  his 
elaborate  account  of  the  working  of  the  Roman 
constitution  does  not  so  much  as  mention  it. 
The  practical  effect  of  doubling  the  sovereignty 
was  merely  to  commit  the  initiative  to  the 
tribunes  as  well  as  to  the  consuls  and  praetors. 
This  parcelling  out  of  power  was  probably  a 
convenience  as  long  as  the  senate  kept  a  firm 
hand  over  all  the  magistrates;  it  added  one 
more  element  of  anarchy  when  this  constitu- 
tional control  was  set  aside.  [J.  L.  S.  D.] 

FORISTAE  (TopMrroQ.  Very  little  has 
come  down  to  us  concerning  the  constitution 
and  functions  of  this  magistracy.  All  that  we 
know  is  that  it  was  at  Athens  a  sort  of  financial 
board,  appointed  probably  only  from  time  to 
time  when  necessary  for  the  purpose  of  raising 
extraordinary  supplies  {ii6paus  wop((*ty).    The 


ofiice  is  thus  described :  vptarat  tUrv  o^  rtt 
*K9iiintffw  Irrn  w6omn  iC^rru  (Bekker,  Ajteod 
294,  19).  From  this  we  may  infer  that  thejr 
were  a  kind  of  committee  wlio  discussed  kovr 
the  money  requured  for  a  special  purpoie 
might  best  be  raised  (by  some  special  means). 
They  were  evidently  regarded  as  belonginf  to 
the  Treasury  department,  as  we  find  the  term 
united  with  ta^oi  in  Demosthenes  {^PkSUpp,  i.  49, 
§  38),  and  in  like  manner  Antipkon  classes  them 
with  the  poletae  [Poletab]  and  practorei 
[FRACiOBis].    (JM  Chor.  §  14.) 

They  were  probably  a  committee  of  wavi 
and  means  appointed  to  deal  with  such  an 
emergency  as  that  which  forms  the  subject 
of  the  First  Philippic  Hence  it  is  that  Deroo> 
sthenes  urges  the  Athenians  to  become  their 
own  poristae  and  treasurers.  If  such  an  in- 
stitution no  longer  existed  at  Athens,  tlirre 
would  have  been  no  force  in  the  allasioD. 
We  may  also  infer  from  an  allusion  in  Aristo- 
phanes (jRan.  1505)  that  the  office  existed  in  hi$ 
time.  It  is  likewise  not  improbable  that  the 
assumption  by  robbers  of  the  euphemistic  name 
poristae  arose  from  an  allusion  to  an  scttui 
official  body  of  that  name  (Arist.  RheL  iii.  2, 10, 
ol  X{7rral  abrt^s  mpurris  —  commissioners  of 
ways  and  means— -icoAiwrt  i^).  Hitherto  no 
record  of  the  exsstence  of  a  like  board  eliewhm 
in  Greece  has  reached  us,  either  in  the  ancient 
texts  or  inscriptions.  [W.  Hl] 

POBNAE  (w^pMu).    [HErABRAa] 

POBPE  (v^pmr).     [FiBUi«a.] 

PORTA  (w^Kfi),  the  gate  of  a  city,  ettsd«I, 
or  other  open  space  enclosed  by  a  wall,  in  con- 
tradistinction to  Jahua,  which  was  the  door  of 
a  house  or  any  covered  edifice.  The  word  vvAv 
is  often  found  in  the  plural,  even  when  spplicd 
to  a  single  gate,  because  it  consisted  of  two 
leaves  (Thuc  iL  4^  &c> 

In  tracing  out  the  walls  of  an  Italian  city 
with  the  ceremony  described  under  POMBRinif 
the    plough    was    lifted    and    carried    scnMi 
the  openings  to   be   left  for   the  gates.    Tb« 
number  and  position  of   city  gates  In  ancient 
Greece  and  Italy  naturally  varied  according:  to 
circumstances.    The  old  £trascan  custom  wss 
to  give  three  gates  to  a  walled  city,  dedicated 
to  the  thi«e  chief  deities  of  the  Etruscans :  tiie 
same  custom  may  possibly  be  seen  in  the  three i 
gates  of  Roma  Quadrata  (Plin.  ff,  N.  ui.  §  66, 
where  an  alternative  tradition  of  four  gates  is 
mentioned):    two    of   these    were    the  Ports 
Hugonia  and  Porta  Bomannla  (Varro,  L  t-i 
V.    164>      The    ancient    walls    of    Psestoin,! 
Sepiannm,   and  Aosta   enclose   a    squsre:  in 
the  centre  of  each  of  the  four  walls  vas  s 
gate ;  the  arrangementf  however,  was  obrioosir 
affected  by  the    nature- of   the    groand,  and 
the  size  of  the  city.     Thus  Megara  ksd  Hre 
gates;   Thebes  seven;   others,  as  Borneo  manf 
more. 

The  gates  in  ancient  Greek  walls  were  formed  | 
in  various  wa3rs,  showing  progressive  srt  in  | 
building.  We  may  give,  from  Reber  {Getckd. 
Baukwut^  231),  four  distinct  methods:—!.  The 
simple  straight  lintel,  consisting  of  a  looe  *ni 
massive  block,  as  in  the  "  Lion  •*  Gate  of  Mycenas 
(see  woodcut  on  p.  185).  2.  Stones  projecV 
ing  one  beyond  another  in  a  step  form  from  ea<Ji 
side,  and  so  gradually  approaching  till  ther  >  at 
be  topped  by  a  flat  lintel :  an  example  is  atfordei 


POKTA 


467 


gitc  il  I^igtlis.   3.  A  gable  ihape,  formed    Orchoi 


OauulMw 

Ko.  1,  wien  the  atoae*  approach  graduallf ,  cut 
inle  ihape,  lometirae*  with  i  ilight  curve,  till 
titj  jitin  It  the  apei :  they  lODietiDiei  begin 
'Kar  itopF  Trom  the  ground,  as  in  the  gatei  of 
Mioolonghi  and  Thoricoe,  ihown  bf  Baumeiiter 
(DaJm.rar.  ir.},  or.  In  a  more  deTeloped  foTm, 
itifj  irt  rtraight  in  their  lower  part,  as  tha 
Mt  of  Epheau.      When  the  arch  wai  intro- 


ilia- 


^•"ti  [Abcui|1  the  conitruetiOD  of  the  gate 
■Wir  Tiried  onlj  aa  rej^rda  ita  aize  :  but  there 
*trv  manj  differencea  and  ttcproTenieTita  aa  re- 
nrfi  ita  defence.  From  early  dayi  the  impart- 
"rt  of  Sanliing  baatiooi  had  been  teen;  these 
^^n  It  Rrat  siaiple  projectioDi  of  the  wait  at 
li^bt  aoglta  (aee  an   eiampla   of  the  gate  at 


in  Guhl  and  Koner,  p.  94),  from  the 
■uuiinii  m  which  the  defenders  could  thoot,  and 
this  developed  into  battieni  fomied  by  circular 
swellinga  of  the  wall  on  each  side  of  the  gate, 
and  thence  into  regular  flanking  towen,  round 
or  square  [TuKxis],  often  with  additional  de- 
fences, such  OS  are  ahown  in  the  gate  of  Poti- 
donia,  Dr  PoaatDin  [Ml'&UB,  p.  186].  An  addi- 
tional security  to  the  entrance  was  given  by  a 
double  gateway,  having  an  outer  uii  inner  gate 
with  a  apace  between.  At  Uaaaene  the  space 
between  was  circular,  lo  that  the  wall  at  that 
part  had  the  ahape  of  a  round  tower  pierced  by 
two  opposite  openioga  (see  plan  in  Quhl  and 
Koner,  p.  63).  This  syslem  of  double  gates  waa 
very  early,  as  in  the  second  and  third  gatewaya 
of  the  fortress  at  Tiryns  (see  Plan,  Vol.  1.  p.  655)  ; 
and  it  is  instructive  alco  in  this  early  fortiesa 
to  see  how  the  beaiegera  were  exposed  to  fire 
,  when  they  forced  one  gateway  and  passed 
,, ,  round  to  the  next  Care  was  taken  here,  and 
^  elsewhere,  that  the  right  or  unshielded 
side  should  be  towards  the  wall  in  their 
11?   approach. 

At  Como,  Verona,  and  other  ancient  cities 
of  Lorn  bard  y,  the  gate  containa  two  passages 
close  together,  the  one  designed  for  carriages 
entering,  and  the  other  for  carriages  leariag 
the  city.  The  same  proviaiou  ja  observed  in 
the  magnificent  ntn  of  a  gate  at  Tritvea. 
(See  wrMdcut.)  In  other  instances  we  find 
only  one  gate  for  carriages,  but  a  smaller 
one  on  each  aide  of  it  (avpartiAfi,  Heliodor. 
^  Tiii.  p.  394)  for  foot-passengera.  i^ch  of  the 
line  gates  which  remain  at  Autun  has  not 
oulf  two  carriage-waya,  bat  exterior  to 
them  two  sideways  for  pedestrians.  (Millin, 
Vof/agi  doTU  la  Difpartemms,  &c.,  vol.  i. 
ch.  Sa ;  ^tlas,  PI.  IB,  fin.  3,  4.)  Such  side- 
ways are  well  seen  in  th«  Porta  d'Ercolano  of 
Pompeii,  of  which  there  ia  a  woodcut  in  Vol.  I. 
p.  384.  When  there  were  no  sideways,  one 
of  the  valves  of  the  large  gate  sometimes  con- 
tained a  wicket  {portula,  wu\h:  piniri\ii), 
targe  enough  to  admit  a  single  person.  The 
porter  opened  it  when  any  one  wished  to  go 
in  or  out  by  night.  (Polyb.  viii.  20,  24;  Uv. 
ixr.  9.) 

The  contrivancei  for  fastening  gatea  were  in 
general  the  same  as  those  used  fordoora  [Junra], 
but  larger  in  proportion.  The  wooden  bar  placed 
across  them  in  the  inside  (f^x^O  was  kept  in 
its  poaition  by  the  following  method.  A  hole, 
passing  through  it  perpendicularly  (fia\atvSiKn, 
Aen.  Tact.  IS),  admitted  a  cylindrical  piece  of 
iron,  called  ^dAnni,  which  also  entered  a  hole 
in  the  gate,  so  that,  until  It  was  taken  oat,  the 
bar  could  not  be  removed  either  to  the  one  side. 
or  the  other  (Thuc.  il.  4;  Aristoph.  Vtip.  200;. 
$i0aXiintT<u,  Ates,  1IS9).  Another  piece  of 
iron,  litted  to  the  ^dXnni  and  called  Sa^At^ypa, 
was  used  to  eitract  it  (Aen.  Tact.  I.  c).  When 
the  nccomplicei  within,  for  want  of  this  key,  the 
PiAardjpa,  were  unable  to  remove  the  bar,  they 
cot  it  through  with  a  hatchet  (Thuc  iv.  Ill; 
Polyb.  Tiii.  33,  24),  or  set  it  on  fire  (Aen.  Tact. 
19).     [For  the  portcullia,  see  CaTARICIA.] 

The  gateway  had  commonly  a  chamber,  either 
on  one  aide  or  on  both,  which  served  as  the 
residence  of  the  porter  or  guard.  It  was  called 
iru\>^  (Polyb.  viii.  20,  23,  24).  Its  situation  Ih 
shown  in  the  following  plan.    (See  woodcut,) 


468  PORT^TUH; 

Th*  Porta  Ostienui,  the  Gneit  ao'I  beft-preWTTsd 
of  the  gats  in  tha  Anrelian  will,  itTgrdB  an 
iiutuico  of  the  toon  rlibontt  kind: — "The 
central  part  of  thsgata  with  it*>rchad  doorwn; 
ii  of  travsrtiae,  the  ont«r  arch  ii  groored,  to 
recaire  a  portcollii  [CATasin'A],  and  rroni  tha 

project,  which  nceircJ  the  upper  pivot*  of  the 
doora,  tha  lover  onea  being  let  into  bolt*  in  a 
nuuaiTe  travertine  thraahold.  Abore  thii  itone 
archwaj  ii  a  battlemented  wail  of  brick- 
faced  concrete,  pierced  with  a  row  of  7  arched 
window*,  openiDg  into  a  gate  chamber  with 
lioiiUr  window*  on  the  inaide.  On  each  aide 
are  two  brick-facad  towera  with  aemicircular 
projection*  on  the  oataide."  (Hiddleton,  Bomi, 
p.  194.)  In  the  gate*  of  Coma  and  Verona  the 
gatehonia  ii  three  atoriea  high.  At  Trtrei  it 
wa*  fonr  atoriea  high  in  the  flanki,  although  tha 
fonr  atorie*  remain  itanding  in  one  of  them 
oa\j,  a*  may  be  obaerrad  in  the-anneied  wood- 
cat.    The  length  of  thii  boilding  1*  115  faet; 


«r  Tni. 


ented  ij 
colnn 


s  gateway* 
14  feet  wide.  The  entrance  of  each  appear*  to 
hare  been  guarded,  aa  at  Pompeii,  firat  b7  a 
portcnili*,  and  then  by  gate*  of  wood  and  iron. 
[CATAKacTA.]  The  barbican,  betwaen  the  double 
portcnili*  and  the  pair  of  gatea,  waa  no  donbt 


.  (Compare  alao  Onhl  and  Koner,  I.  6S, 
ii.48j  Banmeitter,  Dimkm.  SOI;  Reber,  mtt.cf 
AHde*t  Ari,  189,  S.T.)       [J- T.l    [O.  K.  M.l 

POBTENTCM.    [Pbodioicx.] 

PO^TIOUB  (n-oi)  ii  a  bnUdmg  of  which 
the  nwf  ia  mpported  at  leait  on  one  aide  by 
cDlamni;  it  i*  thni  open  to  tha  air,  bat  pro- 
tactad  rron  inn  and  rain.    TIm  dinplMt  totm 


FOBTOBIDH 

of  portico  baa  one  row  of  colnmn*  on  the  ovi- 
■Ida,  and  a  watt  at  the  back  ;  in  thb  form  rr.*! 
frequently  aarronnd  temple*  or  encloae  an  opn 
apace,  auch  aa  an  irrafi :  eapeclally  in  lomi 
taeae  porticoea  lurroonding  the  Ats)*!  wen 
erected  with  great  magnilicenee.  A  rrei  migbi 
alio  have  one  or  two  interior  row*  of  colamu 

eiten»iTe  covered  apace  wa*  provided;  io  Ihii 
cate  it  wa*  luual  for  the  interval*  tietween  thi 
interior  calumn*  to  be  double  that  between  Iti 
ei tenor  one*.  Another  form  wa*  divided  b;i 
wall  inetead  of  a  row  of  column*,  and  thai  tn 
■ingle  porticoea  were  produced,  let  back  to  bad 
(Pani.vi.  24>  Xrool  were  frequently  adoms 
with  paintinga,  either  on  the  back  wall  or  aSiiH 
to  it ;  bence  the  name  wsucfAi)  ia  applied  lo  on 
at  Athene,  and  another  at  Olympia :  thii  tan,  ■ 
well  aa  one  at  Hermione,  had  alao  th*  name  o 
the  Echo-atoa  from  iti  acouitic  propcrtiei  (Piu 
V.21;  Ii.  S5).  Stataea  were  frequently  pla» 
in  front  of  porticoea,  and  aometimea  were  placed 
to  adorn  th*  portico  itaelf,  above  tbe  colniaiii 
BO  figure*  of  Peruana  at  Sparta  (Pana.  iiL  ill 
Qreek  atoaa  were  named  from  tbair  chantkr, 
TOialAit,  lumfiit  nipna^i  or  from  thair  pBi^nit 
^oo-fAiur,  where  the  archon  baaileu*  held  lui 
court,  ili^rriTMlia,  probably  at  the  Pinni 
(Schol.  Ar.  Adi.  MT);  laUc  atao  from  Ihw 
who  erected  them,  aa  thoae  of  Enmenta  aoJ 
Attain*  in  Athene.  Beaide  tbur  official  or  ooii>- 
mercial  uees,  amal  in  Athen*  alao  lerved  u 
covered  reaort*  for  meeting  and  conventtioo: 
thoa  Zeno  freqnentwl  th*  Stoa  Fondle,  ilbt 
which  hi*  follower*  were  called  the  Slain 
Particoe*  were  alao  attached  to  gymnaaia  uJ 
to  bath*. 

The  numeroD)  porticoe*  in  Bome  were  trefleJ 
in  imitation  of  tbe  Oreak,  and  aarved  *iiiiiUi 
porpo*ee,  both  public  and  private.  Some  ■trr 
already  erected  daring  the  later  centnrin  i( 
the  Bepnblic  (e.g.  OcMrIa,  168  BX.;  Heltiii. 
US  B.C.).  But  capecially  in  imperial  I'lao 
they  were  conatmctad  of  eitraordioary  iilea' 
and  richneaa.  They  were  alio  a  favourite  Mf 
tion  to  the  private  honaea  of  rich  Roduai 
Porticoea  in  Rome  were  naually  named  ifui 
their  foander,  the  temple*  or  other  buildiaji 
they  were  near,  their  D*e  (e.g.  aryintaria)  « 
their  decoration  (argenmtanm).  When  ll<i1 
iDrrounded  a  fbmm,  Titrnvina  obaervi*  (•.  V 
that  tbe  intercolumniation  ahould  be  wider  Ihu 
in  Greek  eiamplea,  for  facility  in  aeeing  ip«i^ 
cola.     [SeeAoou;  DOHTO.]  [E.  A.  G.] 

PORTI'SCULUS,  a  hammer  or  tmndw* 
with  which,  aa  well  a*  with  U*  vokt,  <bi 
«\«wTi)t}  ragnlated  the  m<*i" 
oare,  and  made  tha  power*  adranci  « 
*top  rowing.  So  Enniot  (op.  Nan.  l&l,  -<^)- 
"  tonwmque  tenenta*  Parerent,  obaemrfrt, 
porti)cnIa*  aignum  qnum  dare  coapiiaet.''  T^ 
paniariu*  ia  2k>  called  kortator  fPiaut.  Jfcrc.  iv, 
3,3;  of.  Or.  Met.  ii 
■tation  in  the  itern  ol  the  ihi| 
by  Siliua  Italicn*  (ri.  360) : 

-  Mediae  itat  marili)*  poppii 
Qd  voce  altenua  naMarUD  waiiaK  toat 

^"'^'"^"""^[W-S.]    [fi.L«.L 

POBTITO'BES.   rP0RTORnn<;P0BLHy>tJ 

POBTOTtrUM.     1.  TraMit^ue.  er  Ull.  " 

good*  carried  tbroagb  a  country  ororera  bndj^ 


POBTORIUM 


P06SE88IO 


469 


or  a  toll  on  tnTellen  (Suet.  VH,  14;  Seneca,  cfe 
Const.  Sap.  14:  Digest.  19,  2,  60). 

2.  Datiet  paid  on  goods  imported,  and  no 
donbt  on  goods  exported  too.  (Our  evidence 
here  is  very  defectire ;  bnt  see  Cic.  Verr,  ii.  74, 
1^  and  perhaps  pro  Leg.  Jianil.  6,  14.)  Ac- 
cording to  legends  the  duty  was  levied  under  the 
kiogi,  and  removed  by  T.  Valerius  Poplicola  as 
a  means  of  attaching  the  plebs  to  the  new  order 
of  things  (Lit.  it  9;  Dionys.  v.  22;  Pint.  Popt, 
11).  It  most,  however,  have  been  restored  before 
long,  and  in  a  more  historical  age  the  censors  of 
ux.  179  instituted  poriwia  et  vectig<Uia  multa 
(Ut.  xl.  51).  G.  Gracchus  extended  the  system 
further  (VelL  Pat.  ii.  6).  It  was,  of  course, 
spread  over  Italy  by  Roman  conquest ;  see  e.4/. 
lir.  xxxii.  7  for  dues  paid  at  Capua  and  Puteoli 
in  B.C.  199.  In  B.&  60  all  portoria  were  done 
away  with  in  Italian  harbours  by  a  Lex  Caecilia 
of  the  praetor  Q.  Metellus  Nepos  (Dio  Cass. 
xzxviL  51 ;  Cic  Att,  ii.  16, 1) ;  bnt  Caesar /wyvf^m- 
anun  merchtm  portoria  inxtiiuH  (Suet.  Jul.  43), 
apparently  for  foreign  goods  only,  t.e.  goods 
imported  from  outside  the  Empire.  The  trium- 
virate introdnced  new  rcXiy  (Dio  Cass.  xli.  34), 
which  may  mean  portoria  (but  see  under  Vecti- 
GAUiX  <uid  Augustus  introduced  further  new 
ones  and  increased  some  of  the  old.  The  subse- 
quent emperors  increased  or  diminished  this 
branch  of  the  revenue  as  necessity  required. 

like  other  vectigalia,  the  portorium  was 
fanned  out  by  the  censors  to  the  publicani,  who 
employed  portitores  to  collect  it  [VEcnaAUA; 
PUBUGAHi].  Later,  we  hear  of  imperial  pro- 
curatores  for  portoria  [see  Stationes  Foci]. 

As  a  rule,  the  Romans  took  over  in  the 
proTincesthe  existing  import  (and  export?)  duties ; 
bat  they  tended  to  group  the  provinces  into 
more  or  less  natural  unions  each  of  which 
reckoned  as  one  customs-district,  on  whose 
frontiers  duties  were  paid.  The  following  dis- 
tricts (among  which  Sicily  and  Asia  were 
ipedally  productive,  Cic.  Verr.  ii.  75,  185 ;  pro 
Leg.  Man.  6, 14)  are  known  to  us — Italy,  Sicily, 
Gaul  (includine  Alpes  Cottiae  and  Alpes  Mari- 
timae),  Spain,  Britain,  Illyricum,  Asia,  Bithynia 
(with  Pontua  and  Paphlagonia),  Africa,  and 
%jpt  In  some  few  cases  the  Romans  allowed 
a  town  or  island  to  raise  portoria  for  its  own 
benefit,  stipulating  that  Roman  citizens  and 
t^i  Latini  should  be  exempted  from  payment ; 
tjj.  Ambracia  (Liv.  xxxviiL  44)  and  Rhodes  (Cic. 
<^.  F.  i.  1,  33);  cf.  C.  /.  L.  i.  204  on  Termessus. 
Bat  this  is  perhaps  rather  to  be  looked  on  as  an 
•ctnn  than  as  a  customa-duty. 

At  regards  the  articles  subject  to  duty,  the 
nle  was  that  all  commodities  (including  slaves) 
vbich  were  imported  to  be  sold  again  paid  the 
fArtorium;  whereas  things  which  a  person 
brought  with  him  for  his  own  use  were  exempt. 
A  list  of  taxable  articles  is  given  in  the  Digest 
(id,  4,  4,  16  ;  cf.  Cic.  Verr.  ii.  72,  176).  Many 
tfamgs,  however,  which  were  rather  luxuries 
^ban  necessities,  such  as  eunuchs  and  handsome 
T'mths,  had  to  pay  import-duty,  even  though 
tbej  were  imporUKl  by  persons  for  their  own 
a«e  (Suet,  de  dor.  RheU  1;  Cod.  4,  42,  2). 
^Wgs  imported  for  the  use  of  the  stat«  were 
utmpt.  But  the  governors  of  provinces,  when 
tbev  sent  persons  to  purchase  things  for  the 
OK  of  the  public,  had  to  write  a  list  of  the 
t^gs  for  the  portitores,  to  enable  the  latter  to 


see  whether  more  things  were  imported  than 
were  ordered  (Dig.  39,  4,  4).  Respecting  the 
right  of  portitores  to  search  travellers  and 
merchants,  see  PuBLiCANl.  Such  goods  as  were 
duly  stated  to  the  portitores  were  called  scripta, 
and  those  which  were  not,  vMcripta,  The  latter 
were  confiscated  on  discovery  (Dig.  39,  4,  16). 

As  to  the  amount  of  the  duty  we  have  but 
few  statements  in  ancient  writers.  The  Sicilian 
portorium  in  the  time  of  Cicero  was  5  per  cent. 
(vicesima)  of  the  value  of  the  taxable  articles 
(Cic.  Verr.  ii.  75,  185);  and,  as  this  was  a 
familiar  rate  in  Greece  (see  Eioocte,  and  Boeckh's 
Staatshaushaliung  der  Athener,  ed.  3,  bk.  3,  6),  it 
may  have  been  the  sum  levied  in  other  provinces 
too.  But  the  amount  may  have  varied  with  the 
place  and  time.  We  hear  of  2  per  cent,  (quinquo' 
gentna)  in  Spain  (C.  /.  Z.  2,  5064X  2}  per  cent. 
Xquadrageaimd)  in  Gaul  (Wilmanns,  Exempla 
Inacriptionum  Latinanmiy  1295,  1398)  and  Asia 
(Suet.  Vesp.  1).  There  are  traces  also  of  a  fixed 
tarifi*  for  single  wares  (Wilmanns,  2738,  for 
Africa).  At  a  late  period  the  exorbitant  sum  of 
one-eighth  (Cod.  Just.  4,  42,  2)  is  mentioned  as 
the  ordinary  import-duty,  but  it  is  uncertain 
whether  this  was  the  duty  for  all  articles  of 
commerce,  or  merely  for  some  (possibly  for 
articles  of  luxury  or  for  articles  imported  from 
or  exported  to  places  beyond  the  Roman  empire). 

The  nature  of  the  portorium  circtunvectionis 
(Cic.  Att.  ii.  16,  4)  is  not  clear.  [F.  T.  R.] 

PORTUNA'LIA  (a  more  correct  spelling 
than  PortumwUia^  a  festival  celebrated  in  honour 
of  Portunus  on  the  17th  of  August.  It  is  called 
also  Tiberinalia  (Fast.  Philocal.),  and  Mommsen 
thence  deduces  that  Portunus =Tiberinus  (C  /.  L. 
i.  p.  399) ;  bnt  Marquardt  is  probably  right  in 
taking  Portunus  not  to  be  the  River  God,  but 
the  protecting  deity  of  the  wharves  on  the  Tiber 
at  Rome  and  of  those  at  Ostia.  He  was  ^  deus 
portuum"  (Cic.  de  Nat.  Deor.  ii.  26,  66;  cf. 
Yerg.  Aen.  v.  241).  The  festival  was  cele- 
brated in  two  places:  at  Rome  by  the  Pons 
Aemilins  {CaL  AmiL),  and  at  Ostia  (Varro, 
L.  L.  vi.  19).  The  connexion  of  Portunus  with 
Tiberinus,  the  son  of  Janus,  and  therefore  of 
his  worship  with  that  of  Janus,  may  explain 
his  being  also  termed  ^'dens  portarum  "  (Fest. 
-&/>.  p.  56,  6).  [L.S.]    [G.  E.  M.] 

POSGA,  vinegar  mixed  with  water,  was  the 
common  drink  of  the  lower  orders  among  the 
Romans  (Suet.  ViUll.  12),  of  slaves  (Plant. 
Mil.  iii.  2,  23),  and  of  soldiers  on  service  (Spart. 
Hadr.  10).  As  to  the  theory  that  the  celebrated 
acetma  of  Liv.  xxi.  37  was  posca  (see  Capes  ad 
/be.),  it  is  well  known  that  some  rocks,  as  lime- 
stone, can  be  split  by  any  cold  liquid  poured  over 
them  when  they  are  hot,  and  so  more  easily  cut 
into  a  roadway  (see  Bliimner,  Technol.  iii.  71). 
Hennebert  (Annibal,  ii.  p.  253;  Paris,  1878) 
tries  elaborately  to  establish  an  explosive  pro- 
perty for  some  composition  called  6^os  or 
acetum.  [W.  S.]    [G.  E.  M.] 

POSSE'SSIO.  Paulus  (Dig.  41,  2,  1)  gives 
the  following  account  of  the  etymology  of  this 
word : — **  Possessio  appellata  est  a  sedibus,  quasi 
positio,  quia  naturaliter  tenetur  ab  eo,  qui  ei 
insistit.*'  We  shall  probably  be  right  in  taking 
as  the  elements  oiposiOere  the  Latin  equivalent 
of  the  preposition  wporX  (.itphs)  and  aedea  (see 
Corssen,  Beitr.  87 ;  Curtius,  Gr.  Etym.  286). 
Possessio,  in  its   primary  sense,  is  the  control 


470 


F088ESSIO 


POSSERSIO 


which  a  man  has  over  a  corporeal  thing,  so  that 
he  is  able  to  deal  with  it  at  his  pleasure,  and  to 
exclude  other  persons  from  meddling  with  it. 
Such  possession  becomes  possessio  in  a  juristical 
or  legal  sense,  when  it  is  protected  by  certam 
legal  remedies  in  case  of  interference  witli  it. 
Still  even  in  this  sense  possessio  is  not  in  any 
way  to  be  confounded  with  ownership.  A  man 
may  have  possession  of  a  thing  in  the  legal  sense 
without  being  the  owner;  and  a  man  may  be 
the  owner  of  a  thing  without  having  posses- 
sion (Dig.  43,  17,  1,  §  2  :  *<  separaU  esse  debet 
possessio  a  proprietate;  fieri  etenim  potest,  ut 
alter  possessor  ait,  dominus  non  sit,  alter  dominus 
quidem  sit,  possessor  vero  non  sit;  fieri  potest 
nt  et  possessor  idem  et  dominus  sit ").  Owner- 
ship is  the  legal  right  to  exercise  control  over  a 
thing  according  to  a  man*s  pleasure,  and  to  ex- 
clude everybody  else  from  doing  so ;  but  though 
the  owner  has  the  jus  posaidendi  or  right  to  the 
possession,  he  has  not  possession  unless  he  is 
actually  exercising  his  right.  Whether  control 
of  a  thing  gives  a  person  possession  in  the  legal 
sense  depends  on  the  intention  of  the  person  ex- 
ercising it.  If  his  intention  is  to  hold  the  thing 
for  himself  (animus  sibi  habendi),  then  ax  a  rule 
he  has  such  possession ;  but  if  he  intends  to  hold 
for  another,  as  is  the  case  with  a  person  who 
borrows  a  thing,  and  with  one  who  holds  a 
deposit,  he  has  not  possessio  but  only  detention 
(Dig.  41,  2,  18  pr. :  **  Nee  idem  est  possidere  et 
alieno  nomine  possidere ;  nam  possidet,  cujus 
nomine  possidetur,  procurator  alienae  possession! 
prnestat  ministerium  ").  The  Greek  expression 
signifying  the  intention  of  a  possessor  to  hold 
the  thing  for  himself  or  as  owner  is  ^vxh 
Z€«rK6{ovTO$  (Theoph.  ad  Inst.  ii.  9,  4,  iii.  29,  2 ; 
Basil.  50,  2, 7),  for  which  animui  domini  has  been 
used  as  an  equivalent  by  later  commentators. 

To  have  possession  in  the  legal  sense,  the 
animus  domini  is  generally  required,  though 
*'in  certain  exceptional  cases  a  person  who 
held  a  thing  for  another,  and  who  therefore 
had  not  the  animtu  domini^  was  possessor  in 
the  legal  sense  (see  mfrd).  A  possessor  who 
has  a  thing  ni^er  his  control  exercises  a 
right  of  ownership,  whether  he  is  entitled  to 
exercise  such  right  or  not.  The  legal  notion  of 
possession  implies  a  thing  which  can  be  an  object 
of  ownership,  and  it  also  implies  that  the  pos- 
sessor has  a  capacity  of  ownership,  which 
explains  why  a  person  in  the  power  of  another 
could  not  possess  on  his  own  account  (Dig.  41,  2, 
49,  1 :  ^  Qui  in  aliena  potestate  sunt,  rem  pe- 
culiarem  tenere  possunt,  habere,  possidere  non 
poesunt  quia  possessio  non  tantum  corporis,  sed 
et  juris  est'').  Actual  control  being  involved 
in  the  notice  of  possession,  it  follows  that  only 
one  person  at  a  time  can  possess  a  thing  as  a 
whole,  but  a  number  of  persons  can  hold  a  thing 
in  common,  sharing  the  advantages  of  possession, 
though  not  the  possession  itself. 

Though  incorporeal  things  are  not  strictly 
speaking  capable  of  possession,  yet  the  actual 
enjoyment  of  them,  as  for  instance  in  the  case  of 
servitudes,  is  sometimes  equivalent  to  possession 
of  a  corporeal  thing,  and  is  called  juris  quasi 
possessio.  The  objects  of  this  juris  quasi  pos- 
sessio are  certain  real  and  personal  servitudes 
and  some  jura  in  re  aliena^  which  do  not  belong 
to  the  class  of  servitudes,  of  which  SUPERFICIES 
is  the  only  proper  instance. 


A  man  who  has  possession  or  even  the  bare 
detention  of  a  thing  has  the  advantage  attached 
to  the  position  of  a  defendant  (poaanudum  pos- 
sessoris)  in  being  free  from  the  bnrden  of  pruot, 
and  in  being  entitled  to  retain  the  thing  ss  « 
lien  for  certain  claims.  Thus  in  a  vindicatio 
the  defendant  is  named  poaMssor,  though  he  haa 
not  necessarily  possession  in  a  legal  sense,  the 
plaintiff  being  called  petitor.  The  procedure  by 
the  vindicatio  was  also  adapted  to  the  case  oi 
an  hereditas ;  and  here  also  the  term  possessor 
was  applied  to  the  defendant. 

The  rights  attached  to  possession  in  the  legal 
sense  were  the  following : — 

(1)  Such  possession  gives  a  right  to  the  pos- 
sessor to  the  protection  of  the  possessory  inter- 
dicts (mterdicta  retinendae — recuperandae  posses- 
sionis)  against  interference  with  his  possession 
and  dispossession.  The  right  to  these  interdicts 
is  simply  founded  on  legal  poasctsion,  in  what- 
ever way  it  may  have  originated,  as  even  by  an 
act  of  theft,  except  that  it  ibost  not  hare 
originated  vi,  dam,  or  preoario  with  respect  to 
the  person  against  whom  the  interdict  is  claimed. 
[Intebdictuh.]  Thus,  simply  by  virtue  of  beio^' 
possessor,  the  possessor  has  a  better  right  than 
anyone  who  is  not  possessor,  and  is  only  obliged 
to  surrender  the  thing  to  the  owner  who  proTe.<s 
his  superior  title  in  the  proprietary  action  called 
vindioatio.  In  the  pcasessory  interdict  itself  tht 
owner  was  not  allowed  to  set  up  his  title  ss  a 
defence,  and  hence  an  interdict  might  be  succest- 
fully  maintained  against  him.  The  protection 
of  the  interdicts  is  ^so  extended  to  juris  qtuti 
possessio, 

(2)  Possession  for  a  certain  time  may  give  a 
title  to  ownership  by  uiucapion,  but  usucapion 
requires,  besides  possessio  in  a  legal  sense  (ie. 
interdict  possession),  other  eircnmitanoes  to  be 
present,  as  that  the  possession  must  have  been 
bond  fide — that  is,  acquired  by  a  person  without 
knowing  that  any  one  else  has  a  better  right  to 
possess  than  himself — and  that  it  must  have  bees 
justa  oaaaa.  He  who  buys  a  thing  from  a  msn 
who  is  not  the  owner,  but  whom  h«  believes  to 
be  the  owner,  and  obtains  possession  of  the  thing, 
is  a  bond  fide  possessor  with  a  justa  oamo. 

[USUCAPIO.] 

'yt»i^)  Possession  of  a  res  nullius  gives  rise  to 
Ownership  at  once  by  title  of  occupancy. 

The  term  possessio  occurs  in  legs^  writings  is 
various  senses.  There  is  possessio  generally  sod 
possessio  civilis  and  possessio  naturaJis.  Posi^ii^ 
civil  is  is  possession  when  it  has  the  conditions 
necessary  for  acquiring  ownership  by  nsucspioot 
and  all  other  possessio  as  oppcaed  to  ctst/tf  is 
naiuralis.  Hence  possession  as  the  foundation  ot 
the  interdicts  is  possessio  naturalis  in  this  senae, 
as  well  as  mere  detention,  which  is  not  protected 
by  any  possessory  remedies.  Interdict  poaseaaioD 
is  always  expressed  by/»saessio  simply :  and  this 
is  the  meaning  o(  possessio  when  it  is  osedslooe 
and  yet  in  a  technical  sense.  There^is  therefore 
a  twofold  possessio  in  the  legal  sense :  possesno 
civilis,  or  possession  for  the  purpose  of  nsncspao ; 
and  possessio  or  possession  for  the  purpose  of  the 
intenlicts.  Possessio  is  included  in  possessio 
civilis,  which  only  requires  more  conditions  than 
possessio.  If,  then,  a  man  has  possessio  cirili»> 
he  has  also  possessio,  that  is,  interdict  passesaiont 
but  the  convene  is  not  true.  Possesio  nstnnlis 
has  two  significations,  but  they  are  both  negative, 


,  POSSE88IO 

and  mcrelf  express  in  each  cBse  a  logical  oppo- 
sition ;  that  is,  the j  are  respectively  not  possessio 
cirili«  or  possessio  (ad  Interdicta).  The  Tarioui 
«zprescions  used  to  denote  bare  detention  are 
'^tcnere,"  ''esse  in  paasessione,"  " corporaliter 
pcesidere."  Some  eminent  modem  writers  reject 
the  abore  explanation  of  the  terms,  which  is  that 
of  Sarigny.  Thus,  according  to  Vangerow  and 
Windscheid,  possessio  ciTilis  and  possessio  are 
identical  in  meaning,  signifying  interdict  pos- 
fWMion  as  opposed  to  naturalia  possessio,  which 
is  mere  detention  (Vangerow,  i.  §  199,  Anm. ; 
Windscheid,  i.  §  149,  n.  12). 

We  hare  next  to  consider  how  interdict 
possesion  is  acquired  and  lost.  In  order  to 
acquire  possessio,  apprehension  (porpus)  and  in- 
tention (animus)  are  necessary  (Dig.  41, 2, 3,  §  1 : 
''adipiacimnr  possessionem  corpore  et  animoneque 
per  se  animo,  aut  per  se  corpore  **).  The  appre- 
hension of  a  corporeal  thing  is  such  a  dealing 
with  it  as  enables  the  person  who  intends  to 
aoqoire  the  possession  to  exercise  control  oyer 
the  thing  to  the  exdnsion  of  all  other  persona. 
Actual  corporeal  contact  with  the  thing  is  not 
ncceaaary  to  apprehension ;  it  is  enough  if  there 
is  some  act  on  the  part  of  the  person  who  intends 
to  aoqvire  the  posMision,  which  gives  him  the 
phyaieal  capacity  to  control  the  thing  at  his 
ploaure.  Thus  in  the  case  of  a  field  he  who 
«ntert  upon  part  is  considered  to  have  entered 
upon  the  whole.  A  man  may  acquire  possession 
of  what  is  contained  in  a  warehouse  or  granary 
by  delirery  of  the  key  which  gives  him  access  to 
the  contents  (Dig.  18, 1,  74).  The  delivery  of 
the  key  is  not  a  symbolical  delivery,  as  some 
have  supposed,  but  it  is  the  delivery  of  the 
means  of  getting  at  the  thing.  (Compare  Lord 
Hardwicke's  remarks  on  this  matter,  Wcard 
T.  IWmt,  2  Ves.) 

The  question  whether  there  is  sufficient  to 
constitute  apprehension  can  only  be  determined 
by  reference  to  particular  drcnmstances,  which 
vary  in  dilfcrent  cases.  If  a  thing  is  in  the 
poasesBJon  of  some  one,  possession  of  it  can  be 
aoquixed  either  by  his  voluntary  act  of  delivery 
ijtraditio)  or  by  depriving  him  of  it  against  his 
wilL  It  was  a  positive  rule  that  possession  of 
land  in  the  legal  sense  was  not  acquired  by  a 
secret  act  of  dispossession.  The  animus  consists 
in  the  will  to  treat  as  one's  own  the  thing  that 
is  the  object  of  apprehension  (ammtis  domairi). 
But  persons  who  are  legally  incompetent  to 
will — such  as  infantes,  furiosi,  and  juristic  persons 
—could  acquire  the  rights  of  possession  by  means 
of  their  representatives.  If  a  man  has  merely 
detention  of  a  thing,  he  can  acquire  the  possessio 
by  the  animus  alone,  for  the  other  condition 
has  been  already  complied  with.  Possessio  could 
be  acquired  without  the  aftimw  domini,  so  that 
a  person  holding  properly  from  another  was 
entitled  to  the  possessory  interdicts,  in  the 
following  exceptional  cases : — 

1.  When  a  thing  was  deliveted  to  a  creditor 
as  security  for  his  debt. 

2.  When  a  person  held  a  thing  at  the  leave  of 
another  (praaifssm). 

d.  ¥nien  a  thing  was  deposited  with  a  person 
to  hold  as  mqmnter, 

4.  When  a  person  held  land  as  emphyteutic 
tenant  {jaw  in  agro  vecUgali^  emph}ftevAa\ 
though  this  esse  is  a  doubtful  one. 

In  these  cases  of  derivative  possession  the 


POSSESSIO 


471 


usucapion  possession  belonged  to  the  person  for 
whom  the  interdict  possessor  held  the  property, 
except  in  case  of  sequestration,  which  inter- 
rupted possession.  In  all  the  cases  of  jurit 
quasi  possessio,  the  acquisition  and  the  con- 
tinuance of  qnasi-possessio  depend  on  the  corpus 
and  animus ;  and  the  animus  is  to  be  viewed  in 
exactly  the  same  way  as  in  the  case  of  possession 
of  a  corporeal  thing,  though  the  intention  here 
is  not  to  control  the  thing  as  a  whole,  but  only 
in  certain  limited  respects  (Randa,  Der  Besittf 
§§  24-36).  A  person  might  acquire  possession  by 
means  of  those  who  were  subject  to  his  power 
(potesktsy^  what  was  delivered  to  such  persons 
being  considered  as  delivered  to  their  superior, 
since  they  were  incapable  of  possessing  for 
themselves. 

An  extraneous  agent  acquired  possession  for 
his  principal,  if  the  agent  did  the  necessary  acts, 
and  with  the  intention  of  acquiring  the  possession 
for  the  other,  and  not  for  himself,  but  there  had 
always  to  be  the  animus  on  the  part  of  the 
principal  to  acquire  possession.  In  oider  to  show 
such  animus  it  was  not  necessary  that  the  princi- 
pal should  expressly  commission  the  agent  to  take 
possession  of  a  thing,  or  that  he  thould  know  of 
the  fact  of  possession  having  been  taken  on  his 
account.  It  was  enough  that  the  agent  took 
possession  for  the  principal,  and  that  his  act  was 
within  the  scope  of  his  commission  (cf.  Inst.  il. 
9,  5:  ^per  procuratorem  etiam  ignoranti  ao- 
quiritur;"  Windscheid,  i.  §  155).  A  person 
who  is  already  the  representative  of  another, 
and  has  the  possessio  of  a  thing,  may  by  the 
animus  alone  cease  to  have  the  possessio  for 
himself  and  have  it  for  that  other,  retaining 
only  the  bare  detention. 

Every  possession  continues  so  long  as  the 
corpus  and  the  animus  continue.  If  both  cease 
or  either  of  them  ceases,  the  possession  is  gone 
(Dig.  41,  2,  44,  §  2).  The  animus  or  the  corpus 
can,  however,  only  be  put  an  end  to  by  a 
contrary  act  (Dig.  50,  17,  153:  ''iU  nulla 
amittitur,  nisi  in  qua  utrnmque  in  contrarium 
actum  [est]  ").  Hence  possession  may  continue 
under  circumstances  which  could  not  have  givoi 
rise  to  its  acquisition.  As  to  the  corpus,  the 
possession  is  not  lost  because  there  is  not  the 
present  and  immediate  possibility  of  operating  on 
the  thing  at  pleasure,  but  only  by  the  existence 
of  some  circumstance  which  prevents  any  further 
operating  on  it :  e.g.  possession  of  land  is  not  lost 
by  the  possessor  having  ceased  for  a  time  to 
exercise  acts  of  ownership  over  it,  but  only  by 
adverse  possession  on  the  part  of  some  one  else. 
In  the  case  of  land  there  was  also  a  positive  rule 
of  Roman  law  that,  if  in  the  absence  of  the 
possessor  another  occupied  his  land  without  hb 
knowledge,  he  was  not  to  use  possession  till  he 
had  knowledge  of  the  occupation,  and  did  not 
thereupon  put  an  end  to  it. 

In  the  case  of  movable  things,  the  possession 
is  put  an  end  to  when  another  person  has  got 
hold  of  them,  either  by  force  or  secretly,  or  if 
they  are  lost.  In  the  case  of  possession  being 
lost  by  the  animus  only,  there  must  be  a  de- 
termination on  the  part  of  the  possessor  no 
longer  to  hold  the  thing  for  himself.  This 
determination  may  either  be  expressly  declared 
or  it  may  be  implied  from  conduct.  *  The  pos- 
session is  lost  corpore  et  animo,  when  the 
possessor  gives  up  a  thing  to  another  to  possess 


472 


F08SES8IO 


as  his  own  or  when  he  abandons  it  (dertUctum}, 
In  the  case  of  a  jttrie  quaai  posaessiot  as  well  as 
in  that  of  possessto  proper,  the  oontinnanoe  of 
the  quasi-possessio  depends  on  the  oorpos  and 
animus  together.  There  can  be  no  such  possessio 
without  the  animua  p08$idendi ;  and  if  there  be 
merely  an  animua  pouidendi,  the  jiim  quari 
possessio  must  cease.  Possessio  can  be  lost  by 
means  of  a  person  who  represents  the  possessor. 
It  may  be  thus  lost  either  by  the  person  repre- 
sented ceasing  to  have  the  intention  to  possess  or 
by  the  representative  ceasing  to  intend  to  hold 
the  things  for  the  person  he  has  previously  repre- 
sented, or  by  his  ceasing  to  have  the  thing  under 
his  control.  It  was,  however,  ultimately  settled 
by  Justinian  after  some  question  that  the  mere 
abandonment  of  a  thing  by  a  representative  did 
not  deprive  the  person  he  had  previously  re- 
presented of  the  possession. 

It  was  necessary  that  the  intention  of  the 
representative  to  hold  the  thing  for  himself  or 
for  some  one  else  should  be  expressed  in  some 
way,  in  order  to  change  the  possession.  Ac- 
ooiding  to  a  prevalent  opinion,  the  possession  of 
a  movable  thing  was  not  affected  unless  there 
was  a  handling  of  the  thing  (ponireciatio)  on  the 
part  of  the  representative  Tor  himself  or  another. 

Possession,  as  a  legal  relation  concerning 
objects  of  ownership,  has  a  close  connexion  with 
proprietary  relations,  and  so  in  many  of  the 
systematic  treatises  of  Roman  law  is  properly 
treated  as  introductory  to  the  theory  of  owners 
ship.  [DOKIMIUH.]  ^vigny  regards  possession 
both  as  a  fact  and  a  right — a  fact  in  so  far  as 
de  facto  control  of  a  thing  apart  from  any  right 
to  possess  is  the  foundation  of  it,  a  right  in  so 
far  as  rights  are  connected  with  the  existence 
of  such  control;  the  only  right  arising  from 
bare  possession  is  a  right  to  the  interdicts.  On 
what  ground,  he  asks,  is  bare  possession  pro- 
tected by  the  law,  when  the  possessor  has  not  a 
right  to  possess  ?  .  The  answer  he  gives  is,  that 
possession  cannot  be.  disturbed  except  by  force, 
and  force  is  not  allowed.  The  fundamental 
notion  tlien  is  this:  a  violent  disturbance  of 
possession  is  an  attaclE  on  a  man's  personality, 
on  his  freedom ;  hence  engendering  an  obligatio 
ex  delicto, 

Another  explanation  is,  that  possession  is 
presumptive  ownership,  tL«.  the  Jaw  protects 
the  possessor  because  he  is  probably  owner. 
Ihering  in  an  exhaustive  treatise  on  the  subject 
tries  tu  prove  that  the  ground  of  the  possessory 
interdicts  is  the  proper  protection  of  ownership. 
As  a  rule,  he  says,  the  possessor  is  owner,  and 
possessory  remedies  are  more  beneficial  to  an 
owner  than  proprietary,  since  in  malting  use  of 
them  he  is  not  called  on  to  prove  his  title,  often 
a  difficult  matter  to  prove ;  but  this  benefit  of 
possessory  remedies  cannot  be  given  to  a  pos- 
sessor who  is  owner  without  uso  being  given 
to  a  possessor  who  is  not  owner. 

Again  the  protection  of  possession  by  inter- 
dicts is  often  based  on  the  general  ground  that 
it  is  a  consequence  of  the  freedom  of  the  will, 
each  man  being  entitled  to  exercise  his  will  as 
he  pleases  in  respect  of  external  objects  without 
interference,  until  it  is  shown  that  his  indi- 
vidual will  is  in  conflict  with  the  general  will, 
t.tf.  with  the  law,  (For  an  examination  of  these 
and  other  theories  on  this  subject,  see  especially 
Ihering,  Ueber  den  Grund  dcs  Jiesitzesschutzes.) 


POSTLIMINIUM 

It  is  shown  in  the  article  Aobabiab  Lsoia^ 
that  the  origin  of  the  Roman  doctrine  of  pos- 
session may  probably  be  traced  to  the  possessio 
of  the  ager  publicos.  J*ossessiQ,  possessor^  aad 
possidere  are  the  proper  technical  terms  osed 
by  the  Roman  writers  to  express  the  possession 
and  enjoyment  of  the  public  lands.  A  person 
who  occupied  such  lands  by  lease  of  the  state 
had  not  quiritarian  ownership,  the  owaeiship 
being  in  the  state ;  but  it  is  proimble  that  be  was 
maintained  in  his  possession  against  third  parties 
by  interdicts.  The  Interdicta  nti  possidetis 
and  undo  vi,  which  relate  only  to  land,  may 
have  been  first  established  in  respect  of  such 
powession. 

The  nature  of  the  precariam  is  explained, 
when  we  know  that  it  expressed  originally  the 
relation  between  the  patronus  and  the  cliens 
who  occupied  the  possessio  of  the  patronus  as  a 
tenant  at  will,  and  could  be  ejected  by  the 
Interdictum  4e  precario  if  he  did  not  qmt  on 
notice.  Property  in  provincial  soil  came  to  be 
called  possessio;  such  property  was  not  qniri- 
tarian  ownership,  bat  it  was  a  right  to  the 
exclusive  enjoyment  of  the  land  [Pbovixcia]. 
Thus  the  word  possessio,  which  properiy  mcsns 
the  fact  of  possession,  sometimes  signifies  a  right 
to  the  possession  of  land,  ie,  a  right  of  pro- 
jierty ;  it  is  also  used  to  signify  the  object  of 
the  right :  ager  was  a  piece  of  land  which  was 
the  object  of  quiritarian  ownership,  aad  pos- 
sessio was  of  land  that  could  not  be  the  object 
of  quiritarian  ownership,  soch  aa  provincisl 
land  (Javolenus,  Dig.  50, 16,  115)  and  the  old 
ager  publicus.  The  expression  bonorum  jkw- 
sessio  does  not  mean  the  actual  possession  of 
property,  but  the  peculiar  character  of  the  prae- 
torian as  opposed  to  the  civil  inberitaaoe.  [HjcB£- 

DITA8.] 

(Dig.  41,  2  ;  Cod.  7,  32;  Savigny,  Das  Becht 
dcs  Beaitzes ;  Bmns,  Das  Becht  des  BesOzes  tm 
Mittelalter  vnd  in  der  Gegenteari;  Lena,  Das 
Becht  des  Besitzes  und  seine  Gryndlagen  ;  Pnchts, 
art.  BesUz  in  Weuke*s  Becktslexioom;  Wind- 
scheid,  Pandekten,  L  |  148;  Bochel,  Ueber 
die  Jfatur  des  Besitzes;  Ihering,  IMer  den 
Qrund  des  BezitzesachUzes,  and  Der  Besitx- 
wUie,\.)  [G.  U]    r£.A.W.] 

POSSE'SSIO  GLANDESTrNA.    [Ixtxb- 

DIOTUM.] 

POSTI'OUM.    CJanua.] 

POSTLIMrKIUM,  JUS  P06TLIMI'Nn. 
**  There  are,"  says  Pomponius  (Dig.  49,  15,  14, 
pr.),  **two  kinds  of  Postliminium,  for  a  man 
may  either  return  himself,  or  recover  some- 
thing;"  and  similarly  Paulus  says  (Dig.  i6. 19, 
pr.)  that  Postliminium  ^  is  the  right  of  recover- 
ing a  lost  thing  from  an  exirancus  and  of  its 
being  restored  to  its  former,  statua,  which  right 
has  been  established  between  us  (the  Romans) 
and  free  peoples  and  kings  by  usage  and  statates 
{moribus  ac  legUnu);  for  what  we  have  lost  in 
war  or  even  apart  from  (citra)  war,  if  we 
recover  it,  we  are  said  to  recover  poaiiimi»io  * 
and  this  usage  has  been  introduced  by  natural 
equity,  in  oi^er  that  he  who  was  wrongfully 
detained  by  strangers  should  recover  his  former 
rights  on  returning  to  his  own  territories  (m 
fines  suos)i"  and  Paulus  adds,  ^'A  man  seems 
to  have  returned  by  postliminium  when  h^ 
returns  into  our  territory,  just  as  he  is  lost 
when  he  leaves  it;  and  even  if  he  has  come 


POSTLIMINIUM 


POSTLIMINIUM 


473 


into  a  state  in  alliance  or  friendship  with  Rome, 
or  to  a  fnendly  or  allied  king,  he  appears  to 
have  at  onee  returned  by  poetluniniam,  because 
he  then  first  begins  to  be  safe  nnder  the  name 
of  the  state."  These  extracts  are  given  in  order 
to  clear  np  the  etymology  of  the  term,  which 
was  deriTcd  by  Scaevola  from  post  and  tttnen,  a 
derivation  accepted  by  Festas,  Boethias,  and 
Ifidonis,  but  questioned  by  Servius  Snlpicins: 
for  "what  has  been  lost  by  us  and  has  come  to 
sa  eaemy,  and  as  it  were  gone  from  its  own 
iimem,  and  then  has  afterwuds  (post)  returned 
to  the  same  Omen,  seems  to  have  returned  by 
poitliminium  "  (Cic.  Top,  8,  36;  Inst.  i.  12,  5). 
According  to  this  explanation,  the  Hmen  was  the 
boandary  or  limit  within  which  the  thing  was 
under  the  authority  of  Kome  and  her  law: 
nmilarly  Senrius  (on  Verg.  Aen,  xi.  267)  speaks 
of  the  Umen  imperii  Mr.  Poste  (in  his  note  on 
Gains,  i.  129)  suggests  that  the  word  is  derived 
from  poiy  the  root  of  potegtaa  or  posaettio^  and 
iimem  or  aiiimen  =  Uffmnen^  and  therefore  would 
denote  the  bridging  over  of  the  interval  of 
captivity  by  a  fiction  of  continued  capacity  or 
possession,  as  a  doorway  is  bridged  over  by  a 
Intel  Qimen)i  but  this  begs  the  question  as  to 
the  derivation  of  Umen  itself,  and  we  cannot 
discover  that  this  etymology  is  favoured  by  any 
consensus  among  modem  scholars.  There  is  a 
fsacifnl  explanation  of  the  subject  by  Plutarch 
{Quant.  Mom,  5)  in  his  answer  to  the  question, 
Why  thooe  who  have  been  falsely  reported  to 
bave  died  m  a  foreign  land  are  not  received  into 
the  lioose  through  the  door  in  case  of  their 
return,  but  are  let  down  through  an  opening  in 
the  xoof  ? 

As  a  principle  of  law,  postliminium  seems  in 
origin  to  have  been  derived  from  the  Jus  feciale, 
u  indeed  is  suggested  by  the  passage  of  Paulus 
in  Dig.  49,  15,  19,  cited  above.  Speaking  gene- 
rally, it  relates  to  the  rights  of  Roman  subjects 
vho  were  captured  in  war  and  subsequently 
rttumed  to  their  own  country,  and  to  owner- 
■hip  (or  analogous  rights)  over  things  or  persons 
who  after  similar  capture  were  recovered  from 
the  enemy.  As  Pomponius  remarks,  it  has  two 
aspects— one  active,  and  the  other  passive. 

As  regards  the  former— if  a  Rioman  citben 
dnring  war  came  into  the  power  of  an  enemy, 
he  anderwent  capitis  deminntio  maxima^  and  all 
his  civil  rights  were  in  abeyance,  because  he 
thereby  became  a  slave.  But  if  he  returned  to 
bis  own  country,  he  was  held  (subject  to  certain 
conditions)  to  recover  by  poetliminium  all  the 
rights  which  belonged  to  him  at  the  time  of 
his  capture  or  whi<^  had  accrued  to  him  since ; 
s  doctrine  which  was  based  on  the  fiction  that 
he  hsd  never  been  absent  from  home :  *'  perinde 
omnia  restituuntur  ei  jura  ac  si  captus  ab 
hostibus  non  esset "  (Dig.  49,  15,  5,  1>  Thus 
he  recovered  his  freedom  and  civitas  (Cic  pro 
J^olbo,  11,  12,  27-30;  de  Orat.  i.  40,  181),  his 
own  property  and  rights  over  the  property  of 
others,  and  his  potestas  over  children  who 
wonld  have  been  in  his  power  had  he  never  been 
captured.  If  he  died  a  captive,  it  was  a  question 
in  Gains'  time  (i  129)  whether  the  filiifamilias 
elated  their  release  from  power  from  the  capture 
or  the  decease:  Justinian,  following  Ulpian, 
<l«cided  In  favour  of  the  former  (Inst.  i.  12,  5). 
Originally  marriage  was  dissolved  by  the  capture 
of  either  party,  and  it  oould  not  be  restored  by 


postliminium,  a  fresh  consensus  being  required 
if  the  captive  returned  (IHg.  49,  15,  14,  1),  but 
eventually  captivity  was  regarded  as  in  no  way 
dilTering  from  ordinary  absence,  proof  being 
required  of  the  absent  party's  death  before  the 
other  oould  lawfully  marry  again  (^Nov.  117, 
11).  These  rights,  however,  were  none  of 
them  recovered  by  a  retumeid  captive  unlesa 
he  had  been  taken  with  arms  in  hb  hands,  or  if 
he  returned  during  an  armistice ;  and  their  re- 
covery must  ha%'e  been  intended  (Dig.  49, 15,  5^ 
3).  Finally,  if  a  man  made  a  will  before  he 
was  taken  prisoner,  and  afterwards  returned, 
the  will  was  upheld  by  postliminium  notwith- 
standing his  intermediate  slavery  :  if  he  died  in 
captivity,  it  was  held  good  by  the  fictio  of  the 
Lex  Cornelia,  a  statute  passed  by  Sulla  B.C  80, 
which  imposed  penalties  on  those  who  forged 
wills  of  persons  who  died  in  captivity,  and  thua 
implicitly  recognised  their  validity  (Inst.  ii.  12, 
5 ;  Dig.  28,  1.  12).  If  a  Roman  was  ransomed 
by  another  person,  he  became  free,  but  he  was 
in  the  nature  of  a  pledge  to  the  ransomer,  and 
the  juspostiimimi  had  no  effect  till  he  had  repaid 
the  ransom  money. 

Sometimes  a  man  was  given  up  bound  to  an 
enemy  by  an  act  of  the  state ;  and  if  the  enemy 
would  not  receive  him,  it  was  a  question  whether 
he  had  the  ^'tis  poatliminii.  This  was  the  case 
with  Sp.  Postnmius,  who  was  surrendered  to  the 
Samnites,  and  with  C.  Hostilius  Mancinus,  who 
was  given  up  toNumantia:  the  latter  was  restored 
to  his  civic  rights  by  a  lex,  so  that  the  better 
opinion  was  that  postliminium  had  no  operation 
(Cic  dg  Orat.  i.  40,  141 ;  de  Off.  iii.  30,  109 ; 
Top.  8,  36 ;  pro  Caec.  34,  98 ;— Dig.  49,  15,  4 ; 
50,  7,  18). 

The  Rmnans  acknowledged  capture  in  war  as 
the  source  of  ownership  in  other  nations,  as 
they  claimed  it  in  their  own  case.  Accordingly 
things  taken  by  the  enemy  lost  their  Roman 
owners :  but  (in  its  passive  aspect)  postliminium 
operated  to  subject  certain  things  and  persons 
to  the  dominion  and  power  under  which  they 
had  been  at  the  time  of  capture  if  recovered. 
Thus  free  persons  in  potestas,  if  they  returned 
from  captivity,  fell  again  under  the  power  of 
their  paterfiunilias  (Dig.  49,  15,  14,  pr. ;  Inst, 
ii.  1,  17);  and  the  same  principle  was  applied 
to  land,  slaves,  ships,  horses  and  mules  (Cic. 
Ibp.  1.  c.  i  Dig.  49,  15,  2,  3 :  cf.  Festus,  s.  v. 
Postliminium'),  Arms  were  not  included,  for  it 
was  a  maxim  that  they  could  not  be  honourably 
lost  (Dig.  /.  c).  In  analogy  with  a  rule  already 
stated,  the  owner  of  a  thing  (e.g,  a  slave)  which 
was  ransomed  b  v  another  person  was  not  entitled 
to  it  till  he  had  repaid  the  ransom ;  but  there 
may  seem  to  be  some  difficulty  in  adjusting  the 
rights  of  the  parties  if  we  sup|K»e  that  one 
ciris  recaptures  property  subject  to  the  rule  of 
postliminium  which  had  belonged  to  another 
Itoman  citizen.  But  this  may  be  solved  by  the 
observation  that  in  time  of  war  no  civis  could 
individually  be  considered  as  acting  on  his  own 
behalf  nnder  any  circumstances;  whatever  he 
did  was  the  act  of  the  state.  The  rule  of  the 
jus  gentium  that  enemies*  property  is  res  nullius^ 
and  belongs  to  him  who  first  seizes  on  it,  only 
applied  to  hostile  property  within  the  territory 
of  the  other  belligerent  (Dig.  41,  1,  51) :  what 
was  taken  from  the  enemy  on  his  own  soil 
belonged  to  the  state,  and  vested  in  individuala 


474 


P0ST8IGNANI 


PRAEGO 


only  by  sale  or  grant  (Dig.  49,  15,  28 ;  Dionjs. 
vii.  63).  From  this  principle,  however,  the 
things  subject  to  poatliminiam  which  have  been 
enumerated  aboTe,  were  excepted  (Liv.  v.  16 ; — 
Dig.  49,  15,  19,  10;  ib.  2S,  30);  the  actual 
taker  was  regarded  as  the  agent  of  the  state, 
and  the  state  itself  restored  them  to  their 
previous  owners. 

The  law  of  Postliminium  applied  to  times  of 
peace  as  well  as  of  war,  when  the  circumstances 
were  such  that  the  person  or  thing  could  become 
the  property  of  another  nation  (Dig.  49,  15,  5), 
as,  for  instance,  of  a  nation  which  had  neither 
an  amict/iVi,  hospUium,  or  foedua  with  Rome :  for 
it  might  be  thus  related  without  being  hostis ; 
for  a  nation  was  not  hostis^  in  the  later  accepta- 
tion of  the  term,  till  either  it  or  Rome  had 
declared  war  against  the  other.  Robbers  and 
pirates  were  not  hostes,  but  they  had  no  political 
organisation,  so  that  capture  by  them  did  not 
change  the  legal  position  of  the  person  or 
property  seized:  the  persons  continued  free  in 
law,  and  the  property  never  ceased  to  belong  to 
its  rightful' owners,  so  that  no  occasion  arose  for 
the  application  of  postliminium. 

[The  best  treatises  on  this  subject  are  those 
of  Hase  (Halle,  1851)  and  Bechmann  (Erlangen, 
1872X  both  called  Daa  jus  Postlimmu  und  die 
Fictio  Ugia  Comeliae.  For  the  influence  of  the 
principle  in  International  Law  the  reader  may 
refer  to  an  article  on  the  subject  by  F.  Brockhaus 
in  HoltzendorfPs  Rechtstexuxm."]  .     fJ.  B.  M.] 

POSTSIGNA'NI.  rExERcrrus,  VoL  1.  p. 
807  6.] 

PCRTUMUS.      [HBBE8.1 

P0TBSTA8.  [Patria  POTEBTis.] 
PRA'CTORES  (wpdKTOfMs),  officers  who 
collected  the  fines  and  penalties  (iwifioXiii  and 
Tifi'HfutTa)  imposed  by  magistrates  and  courts  of 
justice,  and  payable  to  the  state.  There  seems 
little  doubt  that  at  Athens  there  were  ten  irpdiC' 
roff t,  chosen  by  lot,  one  from  each  tribe.  It 
has  been  objected  that  an  inscription  of  Imbros 
gives  three  as  the  number  (Kirchhoff,  Monatsber, 
iL  Berl.  Akad.  1865,  121) ;  but  Friinkel  justly 
] Mints  out  in  his  note  on  Boeckh  (StaaiAaush, 
ii.*  39*)  that  this  refers  to  a  deruokia,  which 
was  Athens  on  a  reduced  scale,  with  fewer 
officials,  just  at  it  had  only  three  proedri.  The 
Athenian  wpdKTop§s  were  not,  as  seems  to  be 
implied  by  roUuz,  viii.  114,  mere  subordinates; 
for  they  formed  an  i^xh*  (Arist.  Pol,  vii.  8 ; 
Bekker,  An.  190,  26.)  The  magistrate  who 
imposed  the  fine,  or  the  4fytfiitw  dinumipfov, 
gave  noUoe  thereof  in  writing  to  the  wpdKTop€$. 
He  was  then  said  iwtypApuw  r^  rl/iiifut  retf 
vpiutropaiv^  and  the  debtor's  name  vi^KiSotf^vac 
Toif  TpdicTopira^.  If  the  fiSie  or  any  part  thereof 
was  to  go  to  a  temple,  the  like  notice  was  sent 
to  the  rc^oi  of  the  god  or  goddess  to  whom  the 
temple  belonged.  (Aesch.  c.  Timarch.  §  35; 
Andoc  de  Myst.  §  73 ;  [Dem.]  c.  Theocr,  p.  1328, 
§  20 ;  1337,  §  47 ;  Dem.  c.  Maoart.  p.  1075, 
§  71.)  The  name  of  the  debtor,  with  the  sum 
which  he  was  condemned  to  pay,  was  entered 
by  the  wpdm-op^s  in  a  tablet  in  the  Acropolis. 
Hence  the  debtor  was  said  to  be  iyytypofifUros 
T^  9vifio<rlqf,  or  iw  rp  iutpow^Ktu  It  was  the 
business  of  the  wpdxropts  to  demand  payment  of 
thu  sum,  and,  if  they  received  it,  to  pay  it  over 
to  the  iLwMierm,  and  also  to  erase  the  name 
of  the  debtor  in  the  register  (^{oXc^^ir  or  1 


AvttXcC^ij^).  Such  erasure  usually  took  place 
in  the  presence  of  some  members  of  the  senate. 
An  Mti^ts  lay  against  any  man  who  made  or 
caused  to  be  made  a  fraudulent  entry  or  erasure 
of  a  debt.  (Harpoc  and  Suidas,  a.  v,  kypt^ou, 
6,in94ieTat,  ^v^ryypa^:  Andoc.  L  c;  [Dem.] 
c.  Aristog.  i.  p.  778,  §  28 ;  c.  Theocr.  p.  1338, 
§  52.)  The  collectors  took  no  steps  to  enforce 
payment ;  but  after  the  expiration  of  the  ninth 
vpvroreia  of  the  year  [i.e.  during  the  tenth] 
(or  in  case  of  a  penalty  imposed  on  a  ypo^ 
C>/3pf  fl»f ,  after  the  expiration  of  eleven  days),  if  it 
still  remained  unpaid,  it  was  doubled,  and  in 
entry  made  acooniingly.  (Aesch.  c.  Timarch. 
§  16;  Dem.  c.  PaiU.  p.  973,  §  22;  [Dem.]  c. 
Theocr,  p.  1322,  §  1 ;  c  Neaer.  p.  1347,  {  7.) 
Thereupon  immediate  measures  might  be  taken 
for  seizure  and  confiscation  of  the  debtor's  goods; 
but  here  the  wpdieropts  had  no  further  duty  to 
perform,  except  perhaps  to  give  information  of 
the  default  to  the  senate.  There  were  no  doubt 
in  many,  if  not  most,  Greek  states  offioen  bearing 
this  title  with  similar  duties.  We  find  them  ia 
inscriptions  at  Tenos,  Sikinos,  and  los.  (C  /. 
G.  202,  2447 ;  N.  Mem.  Mus.  xxU.  p.  294.) 
In  the  Phodan  cities  Medeon  and  Stiris  the 
form  of  the  word  to  wpaKT^p€$,  {Butt,  Cor. 
HeU.  y.  45.)  (Gilbert,  StaaUalU  I  228; 
Boeckh,  Staatshauih.  i.*  189.)  [EpibOLB; 
TiMEMA.1  [C.  R.  K.]    [G.E.If.] 

PRAEGI'NCrriO.  [AMPHrrHEAXRUM, 

Vol.  I.  p.  110  6.] 

PRAECO,  a  crier.  Of  these  there  were  two 
distinct  kinds — those  in  private  employnient, 
and  those  employed  and  paid  by  the  state  as 
subordinate  attendants.  The  praeoonet  of  the 
former  kind  were  (1)  criers  of  lost  goods  (Plaat 
Merc  ui.  4,  78 ;  Petron.  97),  and  (2)  especially 
auctioneers :  they  were  not,  it  is  true,  the  chief 
superintendents  of  the  auction  [see  Aucno]; 
but  besides  advertising  the  time,  place,  and 
conditions  of  sale,  they  also  acted  the  part  of  a 
modem  auctioneer  so  fiir  as  calling  out  the 
biddings  and  amusing  the  company,  thoogh  the 
property  was  knocked  down  by  the  tnagitter 
auctioms,  (Rot.  Are.  Poet.  419  ;  Cic  ai  Att. 
ziL  40 ;  deOf.iL  23, 83.)  The  official  praeoouet 
were  those  whose  duty  it  was  to  attend  (tgh 
parere)  certain  magistrates,  for  pnrpoees  men- 
tioned below.  We  have  evidence  from  inscrip- 
tions of  a  ooUegium  with  three  deeuriae  of 
praeooneSy  to  attend  on  consuls  and  censors  (the 
first,  or  **  Julian,"  decnria  for  consuls) :  also  for 
curule  aediles,  quaestores  aerarii,  and  tribunes 
(C.  /.  L.  vi.  1944,  194.5,  1869,  1847 ;  cf.  Ut, 
zliii.  16 ;  Auct.  ad  Hereim,  iv.  55,  68) :  perhaps 
also  for  other  magistrates,  since,  as  liommsen 
remarks,  their  low  status  may  account  for 
slighter  mention  of  them  in  inscriptioos.  They 
attended  the  same  magistrates  in  the  proviocet 
(Cic.  in  Verr.  iL  10,  27;  Liv.  xlv.  29). 

Their  duties  were  to  act  in  all  cases  required 
as  the  voice  through  which  the  magistrate  on 
whom  they  attended  conveyed  his  orders  or 
remarks  to  the  people :  therefore  (1)  to  summon 
the  people  to  comitia  or  contiones  (Liv.  i.  59 ; 
vii.  4 ;  zxiv.  8,  &c);  (2)  to  proclaim  silence  (Auct 
ad  Herenn,  1.  c. ;  Uv.  zxvUi.  27,  iltc);  (3)  to 
annouuce  the  bill  which  was  to  be  vot«i  on, 
when  the  scri&a  dictated  [smMciI]  the  words 
already  written  down  which  the  praeoo  was  to 
announce  aloud  (promnUiarv :  Ascon.  m  Comei. 


PRAECONIUM 


FBAEDIUM 


475 


58):  we  often  6nd  the  scribe  alone  mentioned 
as  reading  (Appiuu,  B.  C.  i.  11),  but,  according 
to  Mommsen,  we  are  to  understand  that  he 
reads  through  the  voice  of  the  praeco;  (4)  to 
annoance  the  Totes  of  different  aectioua  at  an 
election  (Cic.  de  Leg.  agr.  ii.  2, 4)  or  the  decision 
of  the  majority  (Cic.  pro  Mil,  35,  96 ;  Gell.  zii. 
8,  6);  (5)  to  summon  the  senaton  to  the 
senate-house  (Liv.  i.  47 ;  Suet.  Claud,  36) ;  (6)  to 
make  known  the  orders  of  the  magistrate,  the 
A&^Mjn  being  ''spoken  out "  bj  the  praeco^  and 
so,  for  instance,  in  ordering  slaves  to  quit  the 
theatre  or  foreigners  the  city  (Cic.  di  Haruap. 
Retp.  12,  26 ;  Lir.  ii.  37).  (7)  In  trials  they 
snmmoned  the  accuser,  the  accused,  and  the 
witnesses  (Suet.  7t6.  11 ;  Liv.  viii.  82 ;  Cic.  pro 
Flacc.  15,  34):  they  announced  the  conclusion 
of  the  pleadings,  gare  the  dismissal  of  the  judices 
(by  the  word  iiicei%  and  ordered  the  executioner 
to  do  his  office  (Lir.  zxri.  15).  (8)  At  the 
]mblic  funeral  (/imt»  mdicUvum)  they  summoned 
those  who  were  to  take  part  with  the  formal 
words:  *'011us  Quiris  letodatua:  exsequias  ire, 
cai  commodam  est,  jam  tempus  est.  OUus  ex 
aedibtts  effertur.**  It  is  dear  that  the  pratco 
comes  in  here  because  it  is  a  siate  funeral,  by 
order  of  the  senate  and  arranged  by  a  qnaestor 
or  praetor.  (See  Feat.  p.  106 ;  Cic  de  Leg.  iL 
24;  fiecker-Gdll,  iii.  496;  Marquardt,  PrivatL 
351.) 

The  official  dress  of  the  praeco  was  marked 
by  the  angusttu  davus  (see  liommsen,  Siaate' 
richi,  iiL  218).  The  praecones  were  of  a  low 
grade,  with  little  education  (Mart.  r.  56, 10),  as 
far  as  can  be  gathered  from  inscriptions,  of  th« 
frecdman  class:  and  the-  contempt  in  which 
their  office  (praeoonitim)  was  held  is  seen  not 
only  from  such  passages  as  Jnv.  iii.  33,  vii.  6 
(cf.  Klipm^f  Theophrast.  xvi.  10,  and  Jebb's 
note),  but  also  -from  the  law  (Lex  Julia)  for- 
bidding those  who  had  exercised  it  to  hold  office 
in  the  mnnidpia  (Tab.  Heracl.  54  =  C.  i.  X. 
i.  206;  Cic.  ad  Fam.  vi.  18,  2).  NeTerthelesa 
the  offlice  (probably  the  auctioneering  part  of  it) 
wu  often  vary  profitable,  and  made  it  possible 
for  the  praeco  to  become  a  rich  man:  for  in- 
stances, •  see  Mayor's  note  on  Jut.  tU.  6 ; 
among  them  the  Gallonius  mentioned  in  Hor. 
Sat.  iL  2,  47.  (Mommsen,  &aaUreohtf  L*  pp. 
363-366.)  [W.S.]    [G.  E.  M.] 

PRAECCyNIUM.    [Praboo.! 

PBAEDA  signifies  morable  things  taken  by 
^  enemy  in  war :  when  captured  by  a  Roman 
vmy,  they  were  either  distributed  by  the 
general  among  the  soldiers  (Lir.  ii.  42,  tL  13 ; 
j^lloat,  Jug.  68),  or  sold  by  the  quaestors,  the 
proceeds  being  paid  into  the  Aerarium : — 

<*  istoe  oaptlToe  dooa. 
Here  quos  eml  de  praeda  de  qnaesioribas." 

(Plant.  Capt.  i.  a,  1.) 

Property  so  acquired  was  regarded  by  the  early 
Boinans  as  lielonging  to  the  individual  who  laid 
purchased  it,  or  to  whom  it  had  been  awarded, 
by  the  highest  and  most  indefeasible  of  titles : 
"Maxime  sua  esse  credebant,"  says  Gaius  (iv. 
16),  *<quae  ex  kostibus  cepissent." 

The  difference  between  Praeda  and  Manubiae 
is  explained  by  GelHus  (xiii.  24)  to  be  this: 
Praeda  denotes  the  things  themselves  that  are 
taken  in  war,  while  Manubiae  is  *'  pecunia  per 
qnaestorem  popnli  Romani  ex*  praeda  rencUta 


contracta:"  nor  can  any  objection  to  this  ex- 
planation be  derived  fi'om  the  words  of  Cicero 
(de  Lege  agrar.  ii.  22,  59).  The  etymology  of 
praeda  may  perhaps  be  prae-hida  from  prae- 
hendere,  prindere  (root  AmQ,  which  would  form 
a  connecting  link  between  the  term  and  many 
other  primitive  Roman  legal  words,  such  as 
mancipium  :  see  Pott,  Etymologische  Forachungen 
auf  dem  Oebiete  der  JndO'Germaniachea  Sprachen^ 
i.  pp.  142,  199. 

When  prisoners  were  sold,  they  were  said  to 
be  sold  atth  corona;  the  true  explanation  of 
which  expression  is  probably  that  given  by 
Gellius  (viL  4).  The  mode  of  sale  of  other 
things  than  slaves  was  at  first  probaBly  in 
detail,  but  afterwards  in  the  lump :  that  is,  the 
whole  praeda  might  be  sold  to  the  highest 
bidder,  or  it  might  be  sold  in  large  lots  or 
aggregates  which  contained  a  great  number  of 
Bep:irate  things,  in  which  cases  the  whole  or 
minor  aggregate  would  pass  to  the  purchaser  as 
a  universitas,  and  he  might  retail  it  if  he  chose. 
This  mode  of  sale  was  called  sectio  (Cic.  de  Invent, 
i.  45,  85),  and  the  purchaser  was  called  eedor. 
It  was  the  practice  to  set  up  a  spear  at  such 
sales,  which  was  afterwards  used  at  all  sales 
conducted  by  a  magistratui  in  the  name  of  the 
people  [Sectio]. 

Corresponding  to  the  acquisition  of  movable 
things  in  warfare,  and  their  becoming  private 
property,  is  the  transfer  of  ager  Pnblicus,  which 
was  acquired  in  war,  to  individuals,  by  a  Lex 
Agraria  de  Coloniis  dedncendis,  or  by  a  sale  by  the 
quaestors  (ager  quaeHoriue).  [G.  L.]  [J.  B.  M.] 
PRAEDLATOR.  [Praes.] 
PRAEDIATO'RIUM  JUS.  [Praes.] 
PRAE'DIUM  etymologically  seems  to  be 
derived  from  the  root  hed  (Praeda),  through 
either  praee  or  praeda:  with  the  first  it  is 
connected  by  Varro,  who  says  that  it  originally 
signified  any  property  which  was  made  security 
to  the  state  by  a  praee  (''praedia  dicta,  item 
nt  praedes,  a  prnettando,  quod  ea  pignori 
data  publico  mancupis  fidem  praestent,**  L.  L, 
V.  40):  by  others  it  is  brought  into  relation 
with  praeda:  ^quod  antiqui  agros  quos  hello 
ceperaiit  ut  praedae  nomine  habebant "  (Gromnt. 
Voter,  ed.  Lachmann,  i.  p.  369).  Subsequently 
the  term  was  limited  to  signify  land  generally, 
being  used  in  contrast  with  fvmdits  or  eoium 
especially  when  the  situation  of  the  land,  or  the 
purpose  for  which  it  was  used,  was  ip  contem- 
plation :  thus  praedh  mstioa  are  parcels  of 
land  devoted  to  tillage  or  pasture,  even  though 
they  may  be  partly  built  upon,  while  praedia 
urbitna  are  those  which  are  not  used  for  the 
production  of  the  fi^uits  of  the  earth,  but  for 
residence  and  commercial  ends:  though  from 
different  points  of  view'  a  piece  of  land  might  be 
considered  at  once  both  urbanum  and  rusHomn 
(Dig.  20,  2,  4,  1 ;  50,  16,  198).  Rights  over 
land  which,  though  less  in  orbit  than  do- 
minium, are  yet  real  in  thair  nature  (e.g.  righta 
of  way),  were  mostly  called  Jura  prcidionan: 
see  Sertruteb. 

Provincialia  praedia  were  called  either  atipen^ 
dUtria  or  iK6utoria,  because  the  land  tax  was 
termed  stipendium  in  those  provinces  which 
were  considered  to  belong  to  the  populus,  and 
trSmtum  in  the  provinces  of  the  emperor  (Gaius, 
ii.  21 :  cf.  Dig.  50,  16,  27,  1).  This  distinction, 
however,  was  merely  nominal  even  in  Gains' 


476 


PRAEFEGTUBA 


PBAKFEGTUS  PBAETOBIO 


time,  and  ceased  entirely  about  the  end  of  the 
second  century.  [J.  B.  M.] 

PRAEFEOTU'BA.  [Colohia,  Vol.  L  p.. 
483.] 

PHAEFEGTUS,  a  title  given  to  Tarions 
ofKcials,  appointed,  not  directly  by  the  people, 
but  by  the  delegation  of  some  magistrate,  to 
discharge  special  functions.  Hence  the  prat* 
fectiu  was  not  included  in  the  lists  of  magis- 
trates, although  in  certain  cases  he  enjoyed  the 
insignia  of  a  magistrate.  The  most  imjportant 
are  as  follows.  [A.  S.  W.l 

PBAEFEGTU8  AEGYPTI.  £gypt  was 
not  included  by  Augustus  either  in  the  senatorial 
or  in  the  imperial  proTinces,  but  was  reserved 
for  his  more  immediate  ccmtroL  None  of  the 
senators  or  equites  illustrts  were  allowed  to  set 
foot  in  it  without  the  special  permission  of  the 
emperor  (Tac.  Ann.  ii.  59 ;  Dio  Cass.  li.  17);  it 
was  governed  for  him  by  a  procurator  of  eques- 
trian rank,  who,  however,  as  holding  a  superior 
position  to  that  of  an  ordinary  procurator  and 
an  imperium  ad  skmiitudinem  proootuulia  (Dig.  1, 
17,  1),  was  entitled  praefedui  Aegypti  (Tac 
//is^  ii.  74^  &«.,  and  often  in  inscriptionsX  or  in 
Qreelc  ^Tt/ufty.  His  staff  consisted  of  freedmen 
of  the  emperor.  £verything  but  the  fixing  of 
the  revenues  and  the  right  of  appointment  to 
certain  posts  was  in  his  hands :  the  administra- 
tion of  finance,  the  judicial  authority,  and  the 
supreme  military  command.  He  reported 
directly  to  the  emperor,  and  the  tenure  of  his 
office  depended  on  the  emperor's  pleasure.  Thus 
Seius  Strabo,  the  father  of  Seianus,  held  this 
post  for  only  a  few  months,  but  his  sucoestior, 
Vitrasius  Pollio,  for  sixteen  years.  (Mar- 
(junrdt,  lidni.  Staatn.  i.  285.)  This  praefectus 
held  rank  second  in  the  scale  of  the  non-sena- 
torial dignities,  coming  after  the  praefectus 
praetorio,  but  before  the  praefectus  annonae. 
(Mommsen,  Staatsr,  ii.  997,  2.)         [A.  S.  W.] 

PB AEFEGTUS  AEBA'BIL   [Aekarium.] 

PBAEFEGTUS  AUMENTOBUM.  [Au- 

MEKTARII.l 

PBAEFEGTUS  ANNCKNAE.  Livy  fiv. 
12,  13)  relates  that  in  B.C.  440  L.  Minucius 
was  appointed  praefectus  annonae  to  deal  with 
the  difficulties  arising  in  a  time  of  scarcity, 
either  for  a  year,  being  re-elected  the  next,  or 
for  an  indefinite  period:  ** Nihil  enim  constat, 
nisi  in  libros  linteos  utroque  anno  relatum  inter 
magistratus  praefecti  nomen."  Nothing  more 
is  heard  of  such  an  appointment  under  the 
Republic,  and  hence  it  has  been  not  unreason- 
ably argued  that  Licinius,  from  whom  Livy  is 
here  drawing  (IfenneSf  v.  266),  introduced  the 
title  by  mistake. 

The  superintendence  of  the  oom-market 
throughout  the  whole  Republic  was  at  a  later 
period  entrusted  to  Pompey  for  a  period  of  five 
years  (Dio  Cass,  xxxix.  9 ;  Cic  ad  Att,  iv.  1 ; 
liv.  JBpit,  104);  and  in  accordance  with  this 
example  Augustus  took  the  same  8U|)erintend- 
ence  upon  himself,  and  commanded  that  two 
persons  who  had  been  praetors  five  years  before 
should  be  appointed  every  year  for  the  distribu- 
tion of  the  com.  (Dio  Cass.  liv.  1 ;  euram  fru- 
tnenti  populo  dividundi,  Suet.  Aug,  37.)  Subse- 
quently Augustus  assigned  this  duty  to  two 
persons  of  consular  rank  (Dio  Cass.  Iv.  26,  31). 
But  he  also  created  an  officer  under  the  title  of 
praefectus  annonae  to  take  charge  of  the  more 


important  duty  of  seeing  to  the  due  supply 
of  the  oom-market.  Under  him  worked  pro- 
C'Jtratores  in  the  provinces  and  at  Ostia,  and 
a  large  staff  of  clerks  (jUjAularu)  and  snperin> 
tendents  of  granaries  ^horrearii),  This 
office  was  a  permanent  one,  and  only  held 
by  one  person  at  a  time :  he  had  jurisdiction 
over  all  matters  appertaining  to  the  corn- 
market,  and,  like  the  praefectus  vigilnm,  waa 
chosen  from  the  Equites,  and  was  not  reckoned 
among  the  ordinary  magistrates.  (Tac  Ann. 
i.  7  ;  Dio  Cass.  lii.  24;  Dig.  1,  2,  2,  33 ;  14, 
1,  1,  18;  14,  5,  8;  48,  2,  13.)  The  praefectna 
annonae  continued  to  exist  till  the  latest  times  of 
the  Empire :  respecting  his  duties  in  later  times, 
see  Walter,  Oesch.  des  rdm.  RechU,  %  360,  2nd 
ed.  Cf.  Frumentariab  LuaKS,  and  Hirschfeld 
in  Phihlogus,  xxix.  1-96.     [W.  S.1    [A.  S.  W.] 

PBAEFEGTUS  AQUA'BOL  [Aquae 
Ductus.] 

PBAEFEGTUS  GASTBO'BUK,  prmefect 
of  the  camp,  is  first  mentioned  in  the  reign 
of  Augustus.  There  was  one  to  each  legion. 
Hence  there  were  often  more  than  one  in  a 
camp.  (Veil.  Pat.  ii.  112;  Tac  Ann,  i.  20, 
xiv.  37.)  We  leara  from  Vegetius  (ii.  10)  that 
it  was  his  duty  to  attend  to  all  matters  con- 
nected with  the  making  of  a  camp,  such  as  the 
vallum,  fossa,  &c,  and  also  to  the  internal 
economy  of  it.  He  seems  to  have  taken  rank  be- 
tween the  tribunes  and  the  centurions.  (Cf.  Wil- 
manns  in  £M.  J^pi^.  i.  81  ff.)  fW.S.]  [AS-W.] 

PBAEFEGTUS  GLASSES.  This  title 
was  frequently  given  in  the  thnes  of  the 
Republic  to  the  commander  of  a  fleet  (Liv.  xxvi. 
48,  7,  xxxvi.  42,  1,  as  contrasted  with  praefecti 
navium,  the  commanders  of  the  several  ships) ; 
but  Augustus  appointed  two  permanent  officers 
with  this  title,  one  of  whom  was  stationed  at 
Ravenna  on  the  Adriatic  and  the  other  at 
Misenum  on  the  Tuscan  sea,  each  havine  the 
command  of  a  fleet.  (Suet.  Aug.  49;  Veget. 
iv.  32 ;  Tac  Ann.  iv.  5,  Hist.  uL  12.)  These 
were  also  of  equestrian  rank,  in  some  cases 
even  freedmen  (Tac  Ann.  xiv.  3;  HisL  ii. 
100).  [W.  S.]    [A.  S.  W.3 

PBAEFEGTUS  FABBUM.    [Kabri.] 

PBAEFECrrUS  JUBE  DIGUNDO.  [Co- 
LONIA,  Vol.  I.  p.  483.1 

PBAEFEGTUS  PBAETO'BIO  was  the 
commander  of  the  troops  who  guarded  the 
emperor's  person.  [Praetorxani.]  ThU 
office  was  instituted  by  Augustus,  and  wna 
at  first  only  military,  and  had  comparatively 
small  power  attached  to  it  (Dio  Cass.  lii.  24, 
Iv.  10;  Suet.  Aug.  49);  but  under  Tiberius, 
who  made  Seianus  commander  of  the  prae- 
torian  troops,  it  Wcame  of  much  greater 
importance,  till  at  length  the  power  of  these 
praefects  became  second  only  to  that  of  the 
emperors.  (Tac.  Ann.  iv.  1,  2;  Aurel.  Vict. 
de  Caes,  9.)  The  relation  of  the  praefectus 
praetorio  to  the  emperor  is  compared  with  that 
of  the  magister  equitum  to  the  dictator  under  the 
Republic  (Dig.  1,  11.)  He  was,  as  the  officer 
of  highest  rank,  always  present  at  court,  the 
natural  medium  through  which  the  emperor 
issued  his  orders  and  carried  out  his  decisioDs, 
although  his  actual  influence  would  naturallv 
depend  mainly  on  his  personal  character.  From 
the  reign  of  Severus  to  that  of  Diocletian,  the 
praefects,  like  the  vixirs  of  the  East,  had  the 


PRAEFECTUS  SOCIOBUM 

soperintendence  of  all  departments  of  the  state, 
the  palace,  the  army,  especially  in  Italy,  the 
finances,  and  the  law :  they  also  had  a  court 
in  which  they  decided  cases  (Dig.  12,  1,  40), 
mainly  as  the  representatire  of  the  emperor  in 
appeals  from  the  prorinces.  (Mommsen,  Staatsr. 
iL  932.)  Hence  the  office  of  pniefect  of  the 
praetorium  was  in  later  times  not  confined  to 
military  officers ;  it  was  filled  by  Ulpian,  Papi- 
nian,  Panlus,  and  other  distinguished  jurists. 

Originally  there  were  two  praefects  (Dio 
Cass.  Iv.  10);  afterwards  sometimes  one  and 
aometimes  two;  from  the  time  of  Commodus 
aometimes  three  (Lamprid.  Commod,  6),  and 
even  four.  (Mommsen,  Staattr,  ii.  831,  3.) 
They  were  as  a  regular  rule  chosen  only  from 
the  equites  (Dio  Cass.  lii.  24 ;  Suet  Tit  6 ; 
Lamprid.  Commod.  4);  but  from  the  time  of 
Alexander  Severus  the  dignity  of  senator  was 
always  joined  with  their  office  (Lamprid.  Alex. 
JSev.2i). 

Under  Constantine  the  praefects  were  deprived 
of  all  military  command,  and  changed  into 
^remors  of  provinces.  He  appointed  four 
such  praefects:  the  one  (praefectus  Oricntis) 
who  commonly  attended  on  the  imperial  court 
had  the  command  of  Thrace,  the  whole  of  the 
East,  and  Egypt ;  the  second  (pr.  lUyrici)  had  the 
command  of  Illyricum,  Maceidonia,  and  Greece, 
and  usually  resided  first  at  Sirmium,  afterwards 
at  Thessalonica ;  the  third  (pr.  Italiae)  of  Italv 
and  Africa,  residing  usually  at  Milan ;  the  fourth 
(praefectns  Galliarum),  ^l^o  resided  at  Treves, 
of  Oaul,  Spain,  and  Britain,  (i&osimus,  ii.  33.) 
These  praefects  were  the  proper  representatives 
of  the  emperor,  and  their  power  extended  over 
all  departments  of  the  state :  the  army  alone  was 
not  subject  to  their  jurisdiction.  They  were 
co-ordinate  with  the  praefects  of  the  two  capital 
cities  of  Bome  and  Constantinople.  (Walter, 
Gem:h.  dn  rdm.  JZdcAts,  §§  269,  341 ;  Gibbon, 
J>eciine  and  Fail,  c  17.)     JW.  S.]    [A.  S.  W.] 

PRAEFECTUS  SCCIOltUM.  (Exebci- 
Tua,  Vol.  L,_p.  786.] 

PRAEFECTUS  YI'GILUSL  [Exercitus, 
Vol.  I.,  p.  795.] 

PRAEFECfrUS  URBI,  the  title  giren  to 
the  deputy  who,  under  the  kings,  was  named  to 
represent  the  supreme  authority  during  his 
absence  in  war,  or  for  any  other  reason:  Lydus 
ide  Moffistr,  i.  34,  38)  says  that  he  was  ori- 
^nally  called  custos  tir&is;  but  this  name  is 
inappropriate  to  the  office  in  its  earlier  stages, 
and  is  probably  incorrectly  applied  (Mommsen, 
Staattr,  i.  639).  The  office  is  said  by  Dionysius 
Ai.  12)  to  have  been  held  along  with  that  of 
Princeps  Senatns,  and  the  same  statement 
appears  in  a  still  more  incorrect  form  in  Lydus 
(d€  Ment,  i.  19),  but  is  quite  erroneous. 
Whether  he  had  the  right  to  convoke  the 
asaembly  of  the  populus,  is  doubtful,  but  on 
any  emergency  he  might  take  such  measures  as 
lie  thought  proper;  for  he  had  the  imperium 
in  the  dty.  (Tac.  Ann.  vi.  11 ;  Li  v.  i.  59,  iiL 
24.)  Romulus  is  said  to  have  conferred  this 
dignity  upon  Denter  Romulius,  Tullus  Hostilius 
apon  Numa  Marciua,  and  Tarquinius  Snperbus 
upon  Sp.  Lucretius.  The  statement  of  Lydus 
<c/«  Magisir.  i.  38)  that  in  487  B.C.  it  was 
elevated  into  a  magistracy,  to  be  bestowed  by 
election,  is  wholly  to  be  rejected ;  his  evidence 
ia  worthlessi  and  such  a  notion  is  foreign  to  the 


PRAEFECTUS  URBI 


477 


very  nature  of  the  office.  All  good  authorities 
speak  of  the  praefectus  as  nominated  by  the  consul 
who  last  left  the  city  (Liv.  iii.  3,  5,  24 ;  Dionys. 
vi.  13,  viii.  64,  x.  23,  24;  Tac.  Ann,  vi.  11). 
Persons  of  consular  rank  were  alone  eligible; 
and  down  to  the  time  of  the  Decemvirate  every 
praefect  that  is  mentioned  occurs  previously  as 
consul.  The  only  exception  is  P.  Lucretius  in 
Livy  (iii.  24),  but  recent  editors  here  read  L. 
Lucretius,  holding  the  MS.  reading  an  error  for 
this  verv  reason.  (Cf.  Niebuhr,  ii.  p.  120,  note 
265.)  In  the  early  period  of  the  Republic  the 
praefectus  exercised  within  the  city  all  the 
powers  of  the  consuls,  if  they  were  absent :  he 
convoked  the  senate  (Lir.  iii.  9 ;  Gell.  xiv.  7, 
§  4),  held  the  comitia  (Lir.  iii.  24X  and,  in 
times  of  war,  even  levied  civic  legions,  which 
were  commanded  by  him. 

When  the  office  of  praetor  urbanns  was  insti- 
tuted, the  wardenship  of  the  city  waa  swallowed 
up  in  it  (Lydus,  di  Mens,  19,  ds  Magistr.  ii.  6), 
or  rather  became  needless,  as  in  the  absence  of 
the  consuls  the  praetor  acted  for  them.  Momm- 
sen believes  that  the  right  of  nominating  a 
praefectus  pHn  was  expressly  taken  away  by 
the  Licinian  law  (i.  644).  But  as  the  praetor 
himself  was  absent  during  the  Latin  festivals, 
which  lasted  for  several  davs,  a  praefectus  urbi 
feriarttm  Latmarum  was  still  annually  appointed, 
solely  for  this  period,  and  thus  held  a  mere 
shadow  of  the  former  office.  This  praefectus 
had  neither  the  power  of  convoking  the  senate 
nor  the  right  of  speaking  in  it;  as  in  most 
cases  he  was  a  person  below  the  senatorial  age, 
and  was  not  appointed  by  the  people,  but  by 
the  consuls.  (Cell.  xiv.  8.)  when  Varro,  in 
the  passage  of  Gellius  here  referred  to,  clsims 
for  the  praefectus  urbi  the  right  of  convoking 
the  senate,  he  is  probably  speaking  of  the  power 
of  the  praefect  such  as  it  was  previously  to  the 
institution  of  the  office  of  praetor  urbanus.  Of 
how  little  importance  the  office  of  praefect  of 
the  city  had  gradually  become,  may  be  inferred 
from  the  facts,  that  it  was  always  given  to 
young  men  of  illustrious  families  (Tac.  Ann. 
iv.  36),  and  that  Julius  Caesar  even  appointed 
to  it  several  youths  of  equestrian  rank  under 
age  (Dio  Cass.  zlix.  42 ;  zliii.  29,  48).  During 
the  Empire  such  praefects  of  the  city  continued 
to  be  appointed  so  long  as  the  Feriae  Latinae 
were  celebrated,  and  even  assumed,  though 
perhaps  hardly  seriously,  some  kind  of  juris- 
diction. (Tac  Ann.  vi.  11;  Suet.  Aero,  7, 
Claud.  4;  Dio  Cass.  liv.  17 ;  J.  CapitoL  Antonin. 
PhU.  4.)  On  some  occasions,  however,  no  prae- 
fectus urbi  was  appointed  at  all ;  and  then  his 
duties  were  performed  by  the  praetor  urbanus. 
(Dio  Cass.  xli.  14,  xlix.  16  ;  comp.  Marquardt, 
Staatnerw.  iii.  285;  Mommsen,  Staattr,  i. 
638-649.) 

An  office  very  different  from  this,  though 
bearing  the  same  name,  was  instituted  by 
Augustus  on  the  suggestion  of  Maecenas  (Dio 
Cass.  lii.  21 ;  Tac.  /.  c. ;  Suet.  Aug.  37),  and 
because  a  permanent  post  of  great  importance 
under  Tiberius.  This  new  praefectus  urbi  was 
a  regular  magistrate,  whom  Augustus  invested 
with  all  the  powers  necessary  to  maintain 
peace  and  order  in  the  city,  which  he  exercised 
even  when  a  praetor  or  indeed  a  consul  was 
present  at  Rome.  But  his  functions  were 
inactive  when  Augustus  was  in  Italy.    It  waa 


478 


PRAEFECTU8  UBBI 


only  daring  the  long  absence  of  Tiberius  dnring 
the  last  eleren  years  of  his  reign,  that  the  prae- 
fectos  urbi  became  a  permanent  official  of  great 
power.  He  came  to  be  included  among  the 
magistratns,  and  even  imperium  was  accorded 
to  him  (Dig.  2,  4,  2).  None  but  consulars  were 
appointed  to  tJie  office,  and  it  was  often  the 
crowning  point  of  a  distinguished  political  career, 
answering  somewhat  to  the  censorship  of  the  Re- 
public He  had  the  superintendence  of  butchers, 
bankers,  guardians,  theatres,  &c. ;  and  to  enable 
him  to  exercise  his  power,  he  had  distributed 
throughout  the  city  a  number  of  milites  sta- 
tionarii,  whom  we  may  compare  to  a  modem 
police.  These  composed  the  cohorts  x.,  xi.,  and 
xii.  of  the  oohories  urbaTUie,  their  number  being 
afterwards  increased.  He  also  had  jurisdiction 
in  cases  between  slaves  and  their  masters, 
between  patrons  and  their  freedmen,  and  over 
sons  who  had  violated  the  pietas  towards  their 
parents  (Dig.  1,  12,  1,  5-14 ;  37,  15,  1,  2). 
His  jurisiiiction,  as  being  based  upon  a  general 
duty  of  looking  after  the  peace  and  prosperity 
of  the  city,  thus  became  gradually  extended ; 
and  as  the  powers  of  the  ancient  republican 
praefectus  urbi  had  been  swallowed  up  by  the 
office  of  the  praetor  urbanus,  so  now  the 
power  of  the  praetor  urbanus  was  gradually 
absorbed  by  that  of  the  praefectus  urbi;  and 
at  last  there  was  no  appeal  from  his  sentence, 
except  to  the  person  of  the  princeps  himself, 
while  anybody  might  appeal  from  a  sentence 
of  any  other  city  magistrate,  and,  at  a  later 
period,  even  from  that  of  a  governor  of  a  pro- 
vitice,  to  the  tribunal  of  the  praefectus  urbi. 
(Vopisc.  Florian.  5,  6;  Suet.  Aug.  33;  Dio 
Cass.  liL  21,  33 ;  Dig.  4,  4,  38.)  His  jurisdic- 
tion in  criminal  matters  was  at  first  connected 
with  the  quaestiones  (Tac.  Ann,  xiv.  41,  with 
the  note  of  lapeius),  and  to  avoid  collisions  with 
the  praetor  it  was  decided  that  that  court 
should  hear  a  case  before  which  it  might  first 
have  been  brought ;  but  from  the  third  century 
he  exercised  it  alone,  and  not  only  in  the  city  of 
Rome,  but  at  a  distance  of  one  hundred  miles 
from  it,  and  he  might  sentence  a  person  to 
deportaiio  m  insuhnu  (Dig.  1,  12,  1,  3  and  4.) 
During  the  first  period  of  the  Empire  and  under 
good  emperors,  the  office  was  generally  held  for 
a  number  of  years,  and  in  many  cases  for  life 
(Dio  Cass.  Hi.  21,  24,  Ixxviii.  14;  J.  Capitol. 
Antonin,  Ptus,  8 ;  Lamprid.  Cwnmod.  14 ; 
Vopisc.  Cartft.  16) ;  but  from  the  time  of  Vale- 
rian a  new  praefect  of  the  city  occurs  almost 
every  year. 

At  the  time  when  Constantinople  was  made 
the  second  capital  of  the  Empire,  this  city  also 
received  its  praefectus  urbi.  The  praefects  at 
this  time  were  the  direct  representatives  of  the 
emperors;  and  all  the  other  officers  of  the 
administration  of  the  city,  all  corporations,  and 
all  public  institutions  were  under  their  control. 
(Cod.  1,  tit.  28,  s.  4 ;  Symmach.  Epist  x.  37, 
43  ;  Cassiod.  Variar,  vL  4.)  They  also  exercised 
a  superintendence  over  the  importation  and 
the  prices  of  provisions,  though  these  subjects 
were  under  the  more  immediate  regulation  of 
other  officers.  (Cod.  1,  tit.  28,  s.  1 ;  Orelli, 
Inscripi,  n.  3116.)  The  praefects  of  the  dty 
had  every  month  to  make  a  report  to  the 
emperor  of  the  transactions  of  the  senate  (Sym- 
mach. Epist,  x.  44),  where  they  gare  their  vote 


PRAEJUDIdUM 

before  the  consulares.  They  were  the  medium 
through  which  the  emperors  received  the  peti- 
tions and  presents  from  their  capitaL  (Sym- 
mach. Epist,  X.  26,  29,  35;  Cod.  12,  Ut.  49.) 
At  the  election  of  a  pope  the  praefect  of  Rome 
had  the  care  of  all  the  external  regulations. 
(Symmach.  ^jM^.  X.  71-83.)  [L.S.]  [A.aW.] 

PBAEFEBI'CULUM  was  clearly  some  sort 
of  brazen  dish  or  bowl  used  in  sacrifices,  our 
only  definition  being,  *'vas  aeneum  sine  ansa 
patens  snmmum  Telut  pelvis  quo  ad  sacrifida 
utebantur"  [perhaps  in  the  original  ututUur] 
(Fest.  Ep.  p.  248) :  it  was  part  of  the  apparatos 
for  sacrifice  belonging  to  the  state-priests,  and 
was  kept  in  the  Regia  in  the  Sacrarinm  of 
Ops  (Pest.  p.  246 ;  cf  Jordan,  Topog,  i.  p.  427). 
It  is  strange  that,  in  spite  of  the  distinct  sine 
ansa,  many  should  identify  it  with  the  jug  tpitk 
a  handle,  used  for  pouring  wine  into  the  patera, 
as  shown  among  the  sacrificial  ntenails,  on  a 
relief  from  the  Areas  Argentariorum  (so  Gahl 
and  Koner,  ed.  5,  pp.  721,  733).  We  think 
Baumeister  rightly  doubts  this  CDenbn,  p.  1109), 
and  suggests  that  the  shield-lUce  object  on  the 
same  relief,  which  is  combined  with  the  axe  [see 
cut  under  Securis],  is  more  probably  the  prae- 
fericulnm.  [The  same  writer,  p.  1384,  how- 
ever, interprets  the  similar  jug  (probably  the 
Capib),  which  appears  on  a  coin  of  Pompey 
with  an  augur's  staff  opposite  it,  as  being  a 
praefericulum.]  It  may  be  suggested  that  its 
connexion  with  ferculum  indicates  its  use, 
whether  for  offering  the  firstfruits  or  the  cakes 
(Jercta;  cf.  Fest.  85,  **ferctumy  genos  libi 
dicitnr  quod  ad  sacra  ferebatnr,  nee  sine  stroe 
....  quae  qui  afferebant  strufertarii  appelts- 
bantnr  "),  or,  lastly,  to  carry  the  mola  salsa  for 
the  sacrifice  of  the  victim  at  a  state  festival 
(cf.  the  formula  '^  Jupiter,  macte  isto  ferto 
esto,"  Serv  ad  Aen,  ix.  641).  It  may  be  con- 
jectured that  the  '^niger  catinus**  of  Kama 
(Juv.  vi.  343)  was  an  ancient  earthenwsre 
praefericulum.  [6.  £.  M*] 

PRAB'PIGAB.    [FUNOT.] 

PBAJaPU'BNIUM.      [BAiafKAB,    Vol   L 
p.  273 ;  Fornax.] 

PBAEJUDI'(3roBI.    This  word,  as  appesrs 
from  its  etymology,  has  a  certain  relation  to 
Judicium,  to  whi<m  it  is  opposed  by  Cicero  (^<1« 
quo  non  praejudicium,  sed  plane  jam  judicium 
factum,"  JHo.  in  CaecS,  4,  12)  and  P.  Syras, 
248,   249:    "grave   judicium   est,  quod  prae- 
judicium non  habet:    grave  praejudicium  est, 
quod  judicium  non  habet.*'    The  commentator 
who  goes  by  the  name  of  Asconius  observes  on 
the  words  cited  from  Cicero,  that  a  praejodicinm 
is  something  which  when  established  becomes  an 
exemplum  for  following  judges  (Judicaturiy  to  ^ 
guided  by) :  but  this  leaves  us  in  doubt  whether 
he   means  something  established  in  the  sane 
cause,  by  way  of  preliminary  inquiry,  or  some- 
thing  estisblished   in    a    different  but  similar 
cause,  which  would  be  what  we  call  a  precedent 
Quintilian  {Inst.  Orat.  v.  1,  2)  states  that  the 
word  is  used  in  two  senses :  in  that  of  a  pre- 
cedent, in  which  case  it  is  rather  ezemp/wn  thsn 
praejtuhdum  ("  res  ex  paribus  causis  jadiests  } ; 
and  in  that  of  a  preliminary  inquiry  and  deter- 
mination about  something  which  belongs  to  toe 
matter  in  dispute  ("judiciis  ad  ,ipsam  canssm 
pertinentibus  **),  whenoe  also  comes  the  ta-xoi 
Praejudicium.    This  latter  signification,  which 


PBAEJUDIOIUM 


PBAE8 


479 


is  in  eonformity  with  the  meaning  o{  praeju* 
didaiiB  actio  or  formula  (Inst.  iv.  6,  13 ;  Gains, 
ir.  44X  appear*  to  be  that  which  the  term  pro- 
perly bears  in  Roman  legal  language.  A  "  pre- 
jndicial"  action  was  one  whose  object  was 
merely  to  judicially  ascertain  facts  which  were 
of  le^  importance,  or  the  existence  of  alleged 
legal  relations,  and  whose  formula  (in  the 
formulary  period  of  Roman  civil  procedure) 
omsisted  consequently  simply  of  an  Intentio,  by 
which  the  judex  was  instructed  to  inquire  into 
the  truth  of  the  alleged  fact,  or  the  existence  of 
the  alleged  legal  relation  (Gaius,  /.  c.) :  there 
was  no  condemnation  or  absolution,  as  in  other 
actions,  but  the  judge  simply  declared  his  con- 
clusion on  the  matter  in  a  promuntiatio  (e.g.  Dig. 
40,  12,  27,  1):  cf.  Aurel.  Victor.  Art  rhet,  iii. 
5,  **  dmplex  petitio,  cum  quaeritur,  in  quo  jure 
sit  res  aut  persona."  The  name  of  the  action 
was  derired  from  the  fact  that  the  decision  of 
the  judge  formed,  or  might  form,  the  basis  of 
subsequent  litigation  {e,g.  it  haring  been  ascer- 
tained by  praejudicium  that  So-and-so  is  the 
illegitimate  child  of  A,  the  mother  can  proceed 
by  action  against  A  for  its  maintenance) ;  as  to 
its  legal  diaracter,  the  lawyers  seem  to  hare 
doubt«L  Justinian  says  (Inst.  iv.  6,  13X 
"  praejudidales  actiones  in  rem  esse  yidentur  "  : 
they  are  real,  not  personal,  because  there  is  no 
cbhgaUo  between  the  person  who  sets  the  law  in 
motion  and  his  adyersary,  or,  as  Gaius  would 
perhaps  hare  said,  because  the  latter  is  not 
named  in  the  Intentio:  but  in  Dig.  6,  1,  1,  2; 
44,  7, 37,  praejudicia  are  opposed  to  wndicationes 
or  real  actions,  and  in  Dig.  3,  3,35, 2,  to  actionea 
in  general. 

Among  the  questions  which  were  raised  in 
the  form  of  a  praejudicium  were  whether  a  man 
was  free  or  not  (Inst,  loc,  cit.),  or  a  libertus  or 
not  (Gaius,  ir.  44;  Dig.  2,  4,  8,  1):  whether 
he  was  the  child  of  So-and-so  (Dig.  25,  3,  3,  2): 
whether  he  had  giren  to  the  sureties  he  was 
taking  for  such  and  such  a  debt  the  information 
required  by  the  Lex  Cicereia  (Gaius,  iii.  123): 
what  was  the  amount  of  So-and-so's  dos,  &c. 
Some  praejvdiciaie$  actiones  belonged  to  the 
ciril  law,  though  Justinian  says,  in  the  para- 
gr^h  already  referred  to,  that  perhaps  the  only 
one  in  kia  time  which.  h»d  KUgitima  causa  was 
that  in  which  a  man's  freedom  was  in  question, 
and  which  we  know  (from  Dig.  1,  2,  2,  24)  was 
older  than  the  Twelve  Tables :  the  rest,  accord- 
nu^  to  htm,  were  praetorian  in  origin. 

The  pronuntiaiio  of  the  judge  in  a  prejudicial 
action  waa  binding  on,  and  conclusive  against, 
not  merely  the  person  who  in  it  played  the  rdle 
of  defendant,  but  on  all  persons  generally  (Dig. 
1,  5,  25 ;  25,  3,  2,  3,  pr.) :  but  (at  any  rate  in 
those  relating  to  status)  the  decision  could  be 
disputed  by  any  one  within  five  years  on  the 
ground  of  collusion  (Dig.  40,  16),  and  by 
persons  actually  wronged  by  it  at  even  a  longer 
mterval  of  Ume  rDig.  40, 12,  42). 

The  reason  why  praejudicium  is  sometimes 
opposed  to  actio  is  probably  that  sometimes  the 
term  was  used  in  the  sense  of  a  defence,  the 
defendant  pleading  that  the  suit  ought  not  to  be 
proceeded  with  because  its  decision  would  pre- 
judge a  more  important  cause.  Such  a  plea  was 
originally  expressed  in  the  form  of  a  PRAE- 
KBipno  (pro  rso),  but  later  was  formulated  as 
an  exeepiio  (Gains,  iv.  133).    Examples  may  be 


found  in  the  allegation  that  a  single  judex  is 
trying  a  suit  which  ought  to  go  before  the 
centumviri  (Cod.  3, 31, 12,  pr.),  or  recuperatores 
trying  a  matter  which  ought  to  be  made  the 
subject  of  a  criminal  prosecution  (Cic.  ch  Invent. 
ii.  20,  59;  in  Verr,  iii.  65,  152;  Dig.  47,  10,  7, 
1) :  cf.  also  Plin.  Ep.  vii.  6.  This  seems  to'be  the 
signification  of  the  term  j>ra«;Wicit<m  from  which 
has  arisen  our  own  legal  phrase  *'  without  pre- 
judice to  other  matters  in  the  cause."  (Gnius, 
iii.  123,  iv.  44 ;  Paul.  Sent,  rec,  v.  9,  1 ; — Dig. 
22,3,8;  43,  30;— Inst.  iv.  6,  13;  and  Theo- 
philus,  Paraphr,)  [G.  L.]    [J.  B.  M.] 

PRAELU'SIO.      rGLADIAT0BE8.T 

PKABNO'MBN.  [Nomen.] 
PRAEPETE8.  [AuauR,  Vol.  I.  p.  250.] 
PRAEPO'SITUS,  which  means  a  person 
placed  over,  was  given  as  a  title  in  the  later 
times  of  the  Roman  Empire  to  many  officers :  of 
these  the  most  important  was  the  Fraepositus 
Sacri  Ctdncuiiy  originally  a  freedman  (cf.  Suet. 
Ihm,  16),  but  afterwards  of  high  rank  as  chief 
chamberlain  in  the  emperor's  palace  (Cod.  12, 
tit.  5 ;  Cod.  Theod.  6,  tit.  8).  Under  him  was 
the  Primicerius,  together  with  the  Cubicularii 
and  the  corps  of  Silentiarii,  commanded  by 
three  decurlones,  who  preserved  silence  in  the 
interior  of  the  palace.  (Cod.  12,  tit.  16 ; 
Friedltnder,  &  G.  i,  54;  Walter,  Oeach,  des 
Hhn,  Rec/tts,  §  340,  2nd  ed.)  [W.  S.] 

PBAEBOGATI'VA.  [Comitia.] 
PRAES*  According  to  Ausonius  (Idyll,  xii. 
9),  Vas  was  one  who  gave  security  or  went  bail 
for  another  in  a  causa  capitalis,  and  he  who  gave 
security  for  another  in  a  civil  action  was  called 
Praes :  similarly  Festus  (s.  v.  Vadem)  says  that 
Vas  is  a  sponsor  in  a  res  capitalis.  But  the 
application  of  the  word  Vadimonium  in  civil 
causes  (e^g.  Gains,  iv.  184-187)  shows  that  this 
distinction  is  not  perfectly  accurate,  and  Varro 
(Z.  L.  vi.  74)  defines  Vas  as  any  person  who 
promised  Vadimonium  or  security  for  another 
in  any  legal  proceeding:  so  that  possibly  Vaa 
may  have  both  a  general  and  a  specific  sense,  in 
the  latter  of  which  it  is  occasionally  (as  by 
Ausonius  and  Festus)  contrasted  with  Praes  (cf. 
Sallost,  Jug,  85,  61;  Hor.  Sat.  i.  1,  11,  and 
Heindorfs  note).  Praes  really  seems  to  be  a 
contraction  of  prae^fxts  (Rivier,  Untersu(^ungen 
Hber  die  cautio  praedibus  praediisque,  p.  14),  and 
Vas  itself  may  relate  to  the  freedom  which  the 
party  obtains  by  means  of  the  security  given 
("  Vades  ideo  dicti  quod  qui  eos  dedit  potestatem 
vadendi  id  est  discedendi  habet,"  Acrou  ad  Hor. 
loc,  cit, :  cf.  Gellius,  vii.  19),  or  more  probably, 
as  Rivier  holds,  it  is  connected  with  the  old 
Norse  ved  and  high  German  w^tti,  words  denot- 
ing "  pledge,"  so  that  vaa  would  mean  a  surety,, 
and  prae^vas  perhaps  a  surety  who  besides 
pledging  his  person  pledges  his  property 
[Praeda;  Praedium]  for  the  discharge  by 
another  of  his  obligations,  or  his  appearance  in 
court.  Another  but  very  dubious  etymology  of 
the  word  is  given  by  Festus  (s.  v.  Manceps),  who 
says  that  Ifanceps  signifies  him  who  buys  or 
hires  any  public  property,  and  that  he  is  also 
called  Praes  because  he  is  bound  to  make  good 
his  contract  (praestare  quod  promisii)  as  well  as 
he  Who  is  his  Praes  (see  also  Varro,  I,  c),  so 
that  according  to  this  Praes  is  a  surety  of  one 
who  is  under  some  liability  to  the  state.  The 
passage  of  Festus  explains  some  lines  in  the  life 


480 


PKAESCRIPTIO 


PBAESCBIPTIO 


of  Atticus  (Cornelius  Nepos,  6),  in  which  it  is 
said  that  he  never  bought  anytliing  at  a  public 
auction  (ad  hastam  publicam),  and  never  was 
either  Manceps  or  Praes.  The  use  of  Praes  as  a 
.surety  in  a  civil  action  occurs  under  the  Legis 
actio  as  well  as  the  formulary  procedure :  in  the 
Sacramentum  the  defendant,  to  whom  interim 
possession  of  the  property  in  dispute  was 
awarded,  had  to  give  **praedes  litis  et  vin- 
dicianim  "  (Gains,  iv.  16) ;  and  under  the  later 
formulary  system,  when  a  real  action  was  tried 
per  sponsionem,  the  security  given  by  the 
defendant  was  called  **  pro  praede  litis  et 
vindiciarum"  (Gains,  iv.  91,  94  a):  so  too  in 
some  MSS.  of  Dig.  10,  3,  6,  7,  the  reading  is 
praedibu9  or  profits  cavere,  but  in  the  latest 
edition  of  Kriiger  and  Mommsen  pro  dedibut  is 
adopted  as  correct.  According  to  the  Pseudo- 
Asconius  (in  Verr.  i.  54,  142)  the  goods  of  a 
Praes  were  called  Praedia  (see  Praediuh),  and 
in  Cicero  (/.  c.)  and  Livy  (xzii.  60)  **  praedibus 
et  praediis  "  come  together  (Rivier's  treatise  Ai 
the  topic  has  beefi  already  referred  to) :  but  it  is 
clear  from  Varro  that  this  use  of  praedia  is  con- 
fined to  the  case  of  a  debtor  to  the  state,  whoae 
sureties  were  liable  both  in  their  persons 
(praedibus)  and  their  property  (praediis).  If,  in 
such  a  case,  the  debtor  did  not  pay,  the  property 
of  the  surety  was  sold  by  auction  under  the 
authority  of  the  state,  and  the  purchaser 
(praediator,  Gains,  ii.  61)  became  owner  ex  jure 
Qttiritium,  though  the  surety  might  recover  it 
by  an  anomalous  form  of  usucapio  (Gains,  /.  c). 
The  chief  authority  on  the  jus  praediatorhun  is 
now  the  Lex  Municipalis  Malacitana,  cap.  63- 
65.  [J.  B.  M.] 

PBAESCnftlTTIO.  In  its  original  significa- 
tion, as  a  legal  term  of  art,  this  word  seems  to 
denote  a  component  part  in  the  formulae  of 
some  Roman  actions  at  law,  the  name  being 
derived  from  the  fact  that  this  part  stood 
first  and  before  all  others  :  **  praescriptiones 
appellatas  esse  ab  eo  quod  ante  formulas  prae- 
scribuntur  plus  quam  manifestum  est  **  (Gains, 
Iv.  132).  Such  praescriptiones  might  be  inserted 
in  a  formula  in  the  interest  either  of  the 
plaintiff  (actor)  or  of  the  defendant  (reus). 
**  Praescriptiones  pro  actore "  occur  in  the 
formulae  of  actions  in  which  the  plaintiff  is 
entitled  from  the  defendant  to  a  number  or 
variety  of  acts  prima  facie  hanging  together, 
^ut  of  which  one  only,  or  at  least  not  all,  are 
claimed  in  the  present  suit :  and  by  the  prae- 
scriptio  beginning  '*  ea  res  agatur,  let  the  present 
trial  relate  ezclasively  to  so  and  so,"  the 
plaintiff  reserved  his  right  of  action  upon  the 
other  acta,  or  those  subsequently  to  fall  due,  it 
being  a  presumption  of  Roman  law  (capable, 
however,  of  being  rebutted  by  the  insertion  of  a 
praescriptio  in  the  formula)  that  when  a  man 
instituted  an  action,  it  comprised  all  his  claims 
against  the  defendant,  prospective  no  less  than 
present,  so  far  at  least  as  they  related  to  the 
present  ground  of  action,  and  already  had  at 
least  a  potential  existence.  Two  examples  are 
given  by  Gains  (iv.  131).  In  the  one,  a  man  to 
whom  an  annuity  is  payable,  say  every  six  months, 
sues  for  a  half-year's  instolment,  using  the 
praescriptio  "ea  res  agatur  cujuB  rei  dies  fuit" 
(cf.  Cic.  de  Orat.  i  37,  168) ;  in  tike  other,  the 
purchaser  of  an  eitate,  claiming  its  conveyance 
to  him  by  the  form  of  Mandpatio,  reserves  to  I 


himself  the  right  of  subsequently  demanding  its 
bare  traditio  by  a  praescriptio  in  the  form  **  ea 
res  agatur  de  fundo  mancipando."  Such  **  prae- 
scriptiones pro  actore  "  seem  to  have  been  in  use 
throughout  the  formulary  period  of  Roman  ciril 
procedure,  from  circ,  170  B.a  to  294  A.D. 

**  Praescriptiones  pro  reo  "  were  the  mode  of 
expressing  in  the  formula  of  an  action  oeruia 
defences    against    the    plaintiff's  case.      Thes« 
defences  resembled  exceptiones  in  that  they  were 
not  allowed  to  be  urged  at  the  bearing  of  the 
cause  unless  they  had  been  embodied  in  the 
formula  of  the  action,  and  also  in  their  nature  as 
the  allegation  of  a  countervailing  right,  vested  in 
the  defendant,  not  a  direct  traverse  or  denial  of 
the  plaintiff's  argument :  they  resembled  "  prae- 
Bcriptiones  pro  actore  "  in  being  prefixed  to  the 
formula,  and  also  apparently  in  always  being 
introduced  by  the  same  words  **  ea  res  agatur  " 
(Gains,  iv.    133-137).    Among  them  were  the 
pleas  that  the  suit  in  question  ought  not  to  be 
tried  at  all,  because  its  decision  would  prejadge 
a  causa  mofor^  Gains,  iv.  133  rPBAEJUDicum], 
and  that  the  action  was  beyond  the  jurisdiction 
of  the  court  ('<  praescriptio  fori,"  Dig.  2,  8,  7, 
pr.),  or  barred  by  lapse  of  time  (''  praescriptio 
temporis").      It    is   difficult    to    see  why  the 
Roman  law  required  some  defences  by  way  of 
countervailing  right  to  be  stated  in  the  form  of 
a  praescriptio  and  others  in  that  of  an  exceptio. 
The  difference  between  them  was  partly  formal, 
partly  material.     An  exceptio  was  placed  in  the 
formula  between  the  Intentio  and  the  Condem- 
natio :    a  Praescriptio,  as  Gains   observes,  wss 
prefixed  to  and  stood  at  the  head  of  the  formuls, 
its  object  being  to  indicate  to  the  judex  that  \\e 
was  first  to  examine  into  the  truth  or  falsehood 
of  the  defence  advanced,   and    if  he  found  it 
well  grounded    to  suspend  the   hearing  either 
altogether,  or  at  any  rate  (e.g.   in  praescriptio 
praejudldi)  until    the    obstacle   was  removed. 
Consequently  in  practical  result  an  exceptio  wa<( 
more  favourable  to  a   defendant  than  a  prae- 
scriptio ;  for  if  a  defence    so   formulated  was 
established,  the  defendant  was  entitled  to  judg- 
ment in  his  favour,  and  the  plaintiff  oooM  not 
sue  again  (Gains,  iv.  123),  whereas  in  the  case 
of  a  praescriptio  the  trial  of  the  action  was  only 
suspended,  so  that  the  defendant  might  possibly 
be  condemned  after  all.     But  even  as  early  as 
the  time  of  Cicero  (de  Invent,  ii.  20,  59),  the 
practice  had  commenced  of  expressing  in  the 
form   of  an  exceptio    defences  which  strictly 
should  have  been  formulated  as  praescriptiones, 
the  praetor  perhaps  himself  favouring  the  change 
because  *'  facilius  reis  succurrit  quam  actoribos  '* 
(Gains,  iv.  57) ;  and  Gains  says  (t&.  133)  that  in 
his  time  ^  praescriptiones  pro  reo"  were  entirelr 
obsolete :  **  in  speciem  exoeptionis  deducuntar." 
The  result  was  that  the  original  difference  in 
meaning  between  the  terms  exceptio  and  prae- 
scriptio was  gradually  forgotten,  so  that  they 
came  to  be  used  as  practically  synonymous,  and 
in  the  Corpus  Juris  of  Justinian  this  is  shown 
by  Savigny  to  be  the  case  (see  e,g*  Dig.  5, 1,  52, 
3;  31,  34,  3;  44,  2.  29;  46,  3,  91;  48,  5,  15, 
7),  though  for  some  defences  one  of  them  was 
more  commonly  and  consistently  employed  than 
the    other.      (See   Savigny,  Sytiem,  iv.  309; 
V.  163.) 

One   of   these    praescriptiones,  the  original 
nature  and  history  of  which  have  thus  been 


PRAESCBIPTIO 


PBAETOR 


481 


briefly  sketched,  has  fornished  general  jaris- 
prndence  with  one  of  its  most  famous  terms, 
riz.  the  Praescriptio  temporis,  or  plea  by  the 
defendant  that  an  action  is  barred  or  prescribed 
br  lapse  of  time.  Under  the  older  Roman  law 
ul  luits  were,  as  it  was  said,  perpetvae ;  there 
being  no  Statute  of  limitations,*  to  use  an 
English  phrase,  or  other  rule  of  law  providing 
that  rights  of  action  should  be  barred  unless 
sued  upon  within  a  definite  period  from  their 
accmal.  The  praetor,  however,  ordained  that 
many  of  the  new  actions  which  he  introduced 
throagh  the  Edict  should  lie  only  within  an 
annus  utilU  from  the  moment  at  which  the 
right  of  bringing  them  first  accrued  (Gains,  iv. 
110;  Justin.  ImL  iv.  12,  pr.).  Far  the  most 
important  of  these  awnaiea  actiones  were  the 
praetorian  penal  actions,  with  the  exception  of 
that  on  fwrtwn  manifestum  [FaRTUM]^  which 
wss  perpetua  because  it  substituted  a  pecuniary 
penalty  for  capital  punishment  (Gains,  iv.  Ill): 
thoQg^  even  these  were  perpetuae  so  far  as  they 
were  rei  perteaUoriae,  i.e.  were  brought  only  to 
deprire  the  delinquent  of  any  benefit  he  had 
derived  from  his  wrong  (Dig.  44,  7,  35,  pr.). 
Praetorian  actions  which  merely  compensated 
the  plaintiff  at  the  cost  of  the  defendant's 
pocket  (e^.  the  ttcUo  doli)  were  prescribed  in  a 
year  if  ountra  ju$  citSe  (Dig.  /.  c.) :  interdict^ 
50  far  as  they  were  penal,  were  similarly 
limited:  actions  for  the  recovery  of  property 
which  had  been  for  a  defined  time  in  the  hands 
of  a  bonft-fide  possessor  with  Justus  tituius  with- 
out being  acquired  by  usucapio  were  barred  in 
ten  or  sometimes  twenty  years  [Usucapio],  and 
certain  actions  on  sales,  which  were  introduced 
through  the  Edict'  of  the  curule  aedile,  had  a 
prescription  of  twelve  or  six  months  (acticnes 
redhibiti/ria  and  aestimatona :  see  Emfho  Ven- 
miio).  In  course  of  time,  too,  a  period  of 
prescription  was  fixed  by  disconnected  legisla- 
tion for  other  suits,  espedally  one  of  five  years 
for  the  querda  inoffickm  testamenti  [Testamen- 
tum]  (Cod.  3,  28,  36,  2);  and  in  Gaius'  time 
(iv.  110)  actions  which  fell  under  the  original 
rale  of  non-limitation  were  called  peq[>etuae, 
those  which  were  limited  by  any  of  these 
periods  Umporales, 

More  systematic  legislation  upon  the  subject 
commenced  with  Constantino,  who  enacted  that 
ill  real  actions  which  were  not  already  limited 
might  be  repelled  by  an  exceptio  unless  brought 
within  forty  tmni  ooiUinui  (Cod.  7,  39,  2),  which 
subsequently  seem  to  have  been  reduced  to 
thirty  (Symm.  Spist,  v.  52).  Theodosius  II. 
(a.i>.  424)  subjected  to  this  same  thirty  years' 
limit  all  actions  whatsoever,  with  a  few  excep- 
tions, which  had  hitherto  been  perpetuae  (Cod. 
i^>-  3) ;  and  his  law  was  retained  by  Justinian, 
the  only  actions  of  importance  which  were  not 
l^ovemed  by  it  being  vindicaiio  in  libertatem 
(Cod.  7,  22,  3),  fiscal  claims  for  unpaid  taxes 
(Cod.  7,  39,  6),  and  the  actio  hypothecaria,  to 
which  last  an  additional  ten  years  only  was 
allowed.  Consequently,  in  Justinian's  compila- 
tions actio  perpetua  means  not  what  it  did  in 
Gaios*  time,  but  an  action  which  is  barred  in 
Bot  less  than  thirty  years. 

For  the  history  of  the  ''Praescriptio  long! 
temporis,"  which  gradually  developed  into  a 
mode  of  acquisition,  and  so  gave  rise  to  our 
term  **  Prescription"  as  a  title  to  property  and 

vou  n. 


*'  real  "  rights  less  than  ownership,  see  Usucapio. 
(Savigny,  System,  v.  §§  237-255 ;  Puchfe«,  In- 
stitutionen,  §  208.)  [J.  B.  M.] 

PR AE6E8.    [Peovincia.]       . 

PRAESUL.    TSalii.]    r 

PRAETE'RITI  SENATO'RES.     [Sena- 

TUB.] 

PRAETEXTA.    [T<»a.] 

PRAETOR.  This  title,  which  Cicero  (de 
Legg,  ill.  3,  8)  connects  with  praeire,  is  found 
among  the  Latin  races,  and  is  used  by  Livy  as 
equivalent  to  that  of  strategus  with  the 
Achaeans.  ^mong  the  Romans  we  first  read  of 
it  immediately  after  the  expulsion  of  the  kings : 
for  a  single  hereditary  ruler  they  substituted 
two  annually  elected  magistrates,  first  known 
as  Praetors,  and  only  later  as  Consuls ;  whence  * 
Cicero,  in  the  passage  referred  to,  represents  the 
title  as  properly  descriptive  of  the  Consuls  as  * — 
leaders  of  the  armies  of  the  state;  and  the 
familiar  use  of  "  Praetorium  "  in  connexion  with 
military  command,  and  the  meaning  which  it 
bears  in  livy  of  the  period  and  powers  of  the 
consular  office,  are  also  indicative  of  the  original 
character  of  this  magistracy. 

As  distinct  from  the  consulship,  the  praetor-  - 
ahip  proper  is  said  by  Livy  (vi.  42,  vii.  1)  to    . 
have  been  instituted  B.a  366,  though  the  truth 
Would  seem  to  be  that  so  long  as  the  military 
tribunate  was  in"*  existence  two-  consuls  were 
from  time  to  time  elected  in   li^u  of  tribnni  '.' 
militares,  and  that  when  this  was  the  case  a 
third  magistrate  was  always  appointed,  called  . 
praetor,  to  assist  them  in  their  dnties.    How- 
ever this  may  be,  the  praetot,  probably  even  at , 
this  period  called  praetor  whanus  in  allusion  to 
the  older  magistracy  of  the  custos  urbis  whom 
he  superseded  (Joan.  Lydus,  de  Mens,  19 ;  (fs 
Magistr,  ii.  6Y,  was,  as  soon  as  the  office  became  \ 
permanent,  elected  annually  from  the  patricians 
only,  who  secured  a  monopoly  of  the  new  office  | 
as  a  compensation  to  themselves  for  being  com-  i 
pelled  to  share  the  consulship  with  the  plebeians  j 
(Uvy,  /.  c.)»  none  of  the  latter  attaining  the 
praetorship    till    B.C.    337;     he    was    termed 
"  collega  "  of  the  consuls,  and  was  elected  with 
the  same  auspices  at  the  Coniitia  Centuriata 
(Liv.  vii.  1,  xlv.  44;    Gellins,  xiii.^15).     Hisy 
chief  functions  were  judicial  {jus  in  urbe  diceivf 
Liv.  vi.  42 ;  jura  reddere,  ib.  vii.  1),  it  being  to 
relieve    the    consuls  (who    according    to    the 
passage  of  Cicero  referred  to  were  called  judices 
a  jvdicando)  of  this  class  of  business  that'  his 
office  was  established;  but  the  consuls  in  the 
earlier  Roman  history  being  so  constantly  en- 
gaged on  active  military  service,  hs  .frequently  ■ 
hadJot^S£4^eirj^laceidthejaty  (Liv.  xxiv.  9 ; 
Cic.  ocf ^^roi.  xTl?';  IHo'^Pub,  xlvi.  14,  cix.  24), 
in  the  senate  (Gell.  xiv.  7 ;  Liv.  viii.  2,  &c.), 
and  in  the  Comitia  (Liv.  i^xii.  33,  xxv.  27),  and 
in  some  cases  of  emergency  even  commanded  the  t 
Roman  armiei.     He  was  a  curule  magistrate  \ 
and  had  the  imperium,  though^in  a  less  degree  y 
than  the  consuls  (GeU.  xiii.  15;  Liv.  xliii.  14;^ 
Val.  Max.  ii.  8,  2 ;  Cic.  ad  Att  ix.  9),  to  whom 
he  owed  obedience  and  all  the  external  marks  of 
reverence  (Liv.  x.  25,  xxvii.  5 ;  Dio  Cass.  xxvi. 
24;    Polyb.  xxiiL   1;    Aurel.    Victor,  de  Vir. 
illust.  72).      His   insignia   of   office   were    six 
lictors  (Appian,  de  r£,  Syr,  15),  whence  he  is 
called  by  Polybius  ifyt/Jiitr  or  trrfwrtiyhs  l|aW- 
XcKvf,  and  sometimes  simply  J^cnr^Acicvr.     PlxP" 

%        2  I 


482 


PBAETOB 


I 


PRAETOR 

the  praetors  urbanns  and  peregriniu  had  tlie 
oontroi  of  the  whole  system  of  Roman  ctvtl 
judicature,  in  connexion  with  which  their  work 
it  tufficiently  described  under  other  articles, 
^eepeciall^  those  on  fioicrnif.  Judex,  and  Juris- 


tarch  (^Sulla,  5)  uset  the  expression  trrpoTfryta 

wo\eruefi»    At  a  later  period  the  praetor  had 

only  two  lictors  in  Home  (Ceneorinus,  c.  24). 

As  appears  from  litry,  the  praetorship  was  at 

first  given  to  a  consul  of  the  preceding  year,       ,         ^  ,  , 

and  L.  Papirius  was  praetor  after  being  consul  iDicno.      Sometimes,    howerer,   extraordinary 


(Ut.  X.  47). 

Unlike  the  consulship,  the  office  was  one  to 
the  number  of  whose  holders  additions  might  be 
constitutionallv  made  as  circumstances  required 
(Cic  ch  Legg,  1.  c),  and  acoordinely  in  B.a  246 
a  second  praetor  was  created,  wao  for  distinc- 
tionTsaCewas  called  Praetor  Peregrinus,  for 
/the  administration  of  justice  in  all   disputes 
'  between  peregrini  or  peregrin!  and  cires  (Dig. 
'  1,  2,  2,  28 ;  Joan.  Lydus,  de  Magisir,^  i.  38,  45 ; 
liT.  ^fit,  19),  and  from  this  time  onward  the 
ytwo  omces  seem  to  hare  been  regularly  divided 
w  between  the  patricians  and  plebeians  (Niebuhr, 
I  JRihn.  Ge^ichte,  iii.  177),  it  being  determined 
by  lot  which  ^of  the  two  should  be  nrbanus  and 
which  peregrinus,  though  if  either  was  required 
for  military  command  the   functions  of  both 
within  the  city  were  discharged  by  the  other 
(Lir.  xxiv.  44,  xxv.  3,  xxvii.  36).    When  the 
territories  of  Rome  were  extended  beyond  the 
V  limits  of  Italy,  new  praeton  were  created  for 
the  goremment  of  the  provinces :  two  in  227 
^  B.C.  for  the  administration  of  Sicily  and  Sar- 

^  dinia  (Liv.  Epii.  20 ;  Dig.  1,  2,  2,  32)  and  two 

thirty  years  later  for  the  Spanish  provinces 
(Uv.  xxxii.  27) :  it  being  settled  by  lot  which  of 
the  praetorian  provincte  each  of  the  four  prae- 
tors who  went  abroad  was  to  govern.  Later  it 
became  common  for  the  praetor  urbanus  or 
peregrinus,  after  he  had  discharged  his  judicial 
functions  for  one  year,  to  be  sent  to  govern  a 
"^  province  for  another ;  a  period  which  in  many 
cases  was  prolonged  -until  by  the  Lex  Julia  of 
Caesar  it  was  provided  that  no  governor  should 
administer  a  praetorian  province  for  mora  than 
one  year  (Cic.  PAi7.  i.  8,  19).  In  connexion  with 
the  institution  of  quaestiones  perpehuw  for  the 
trial  of  crimes,  Sulla  increased  the  ^umber  of 
praetors  from  six  to  eight,  all  of  whom  as  a  rule 
exercised  judicial  functions  at  Rome  durinj; 
their  proper  year  of  office,  becoming  propraeton 

iin  the  provinces  for  the  following  year :  under 
Caesar  the  number  was  raised  snccettively  to, 
ten,  twelve,  fourteen,  and  siiteen  (Sueton.  JtU, 
41 ;  Dio  Cass.  xUi.  51,  xliii.  47,  49,  51 ;  Dig.  1, 
2,  2,  32),  and  by  Augustus  reduced  to  twelve 
and  earlier  to  ten  (Dio  Cass.  liii.  32,  Ivi.  25) ; 
but  under  Tiberius  there  were  as  many  as  six- 
teen (Dio  Cass.  Iviii.  20,  lix.  20).  Subsequently 
additional  praeton  were  created  for  special 
departments  of  legal  business :  two  by  Claudius 
(reduced  by  Titus  to  one)  for  all  suits  relating 
to  fideicommissa,  when  the  business  in  this 
department  of  law  had  become  considerable 
(Dig.  /.  c. ;  Sueton.  Claud,  23),  and  one  by 
Nerva  for  the  hearing  of  actions  between  the 
fiscus  and  subjects  of  the  Empire  (Dig.  t&.) :  so 
that,  as  Pomponius  (speaking  of  his  own  time), 
says  in  Dig.  1,  2,  2,  34,  "  eighteen  praeton  jut 
dicunt  in  the  state."  Acconling  to  Capitolinus 
(Marc.  10),  M.  Aurelius  added  a  nineteenth 
praetor  for  matten  ralating  to  guardianship, 
upon  whose  duties  Ulpian  wrote  a  liber  singuiaris 
(Dig.  27,  1,  3,  5,  9). 

fit  will  be  clear  from  what  has  been  said  that 
the  main  business  of  the  praeton  was  judicial ; 


duties  wera  imposed  on  them :  e^,  in  Bwa  144 
the  praetor  peregrinus  was  oommisnoned  bj  a 
senatusconsuitum  to  look  after  the  repair  of 
certain  aqueducts  and  prevent  the  improper  ixs« 
of  the  water  (Frontinus,  de  AquaedttcL  Ub.  i.) : 
so  too,  though  the  appointment  of  guardians 
was  no  constitutional  part  of  the  praetor's  pro- 
vince (Dig.  26,  1,  6,  2),  it  was  conferred,  withixi 
the  city  of  Rome,  on  the  praetor  urbanus  and 
the  majority  of  the  tribuni  plebis  by  a  lex 
Atilia  (Gaius,  i.  185).  It  was  part  of  the  same 
magistrate's  duties  to  superintend  the  Lndi 
Apollinares,  and  so  close  an  application  to  btiai- 
ness  was  required  from  him*  that  he  m'ss 
permitted  to  leave  the  city  for  only  ten  days  at 
a  time.  With  criminal  prosecutions  he  had 
originally  no  more  to  do  than  any  other  magis- 
trate ;  but  when  in  149  B.C.  (Cc  Bnd.  27, 106) 
L.  Calpurnitft  Piso  established  the  first  quasstio 
perpetua  for  the  trial  of  extortion  (repeiimdae), 
one  of  the  praeton  was  permanently  entrusted 
with  its  supervision,  and  the  same  practice  was 
followed  with  the  quaeetianes  iostitoted  by 
Sulla  and  othen  for  the  trial  of  Ambitus, 
Majestas,  Peculatus,  Falsum,  Parrictdxum,   &c. 

? hough  a  praetor  prasided  over  the  criminal 
rocc«dings  in  these  cases,   the   judges    were 
selected  ^m  the  senators,  knights,  or  tribani 
aerarii  at  different  periods  of  history,  the  con- 
.demnation  or  acquittal  of  the  accused   being 
'determined  by  a  majority  of  their  votes.    [Ju- 
dicium.] 

Any  place  in  which  the  praetor  might  by 
law  or  custom  exercise  his  magisterial  functions 
was  called  jiu  (Dig.  1, 1, 11).  Some  of  these, 
however,  could  never  be  performed  elsewhere 
than  pro  tribwiaii,  when  his  curule  chair  was 
set  upon  the  comitium,  the  patrician  portion  of 
the  Forum,  and  when  he  sat  with  his  frieods 
and  assesson:  contrasted  with  the  tribunal 
were  the  3ab$eUia,  or  part  occupied  by  the 
judices  or  other  persons  who  were  present 
(Cic.  Brut,  84,  290). 

Other  judicial  acts,  howeter,  oould  even 
tolerably  early  be  performed  by  him  anywhere 
(Qaius,  i.  20),  viz.  acts  of  the  voluntaria  Jmris- 
dicHOf  such  as  legitimation  of  manumissions,  ia 
jure  cessio,  &c  In  such  cases  he  was  said  to 
exercise  jurisdiction  deptana^  and  the  volume  of 
business  so  transacted  incraased  so  steadily  that 
at  length  regular  s^sstows  de  piano  were  held 
(fragm.  Vat.  161),  at  which  the  praetor  some- 
times heard  and  adjudicated  upon  disputes: 
the  rule  as  to  what  occasions  required  him  to  sit 
pro  tribwialij  and  for  what  a  de  piano  jurisdic- 
tion sufficed,  may  be  gathered  from  Dig.  38,  1, 
3,8;  38,  15,2,  1;  1,  16,9,  1. 

The  office  of  the  praetor  continned  to  exist 
throughout  the  imperial  period,  though  his 
activity  in  the  issue  of  annual  edicts  must  have 
.slaclcened  considerably  at  the  fall  of  the 
^Republic,  and  ceased  altogether  on  the  publica- 
tion of  the  Edictum  jperpetuum  of  Salrius 
Julianus  [Edictum].  In  the  Eastern  Empire 
there  were  at  fint  two  praeton  only,  which 
number  was  gradually  raised  to  eight,  and  then 


PRAETOBIA  COHOBS 

redaoed  to  three,  each  of  whom  was  distingoished 
bj  a  special  name,  e^.  Conatantinianus,  trium- 
phalis  (Cod.  Theod.  6,  4,  5,  13,  &c.) ;  they  were 
Mlected  by  the  senate,  but  the  selection  had  to 
be  coDfirmed  by  the  emperor  (Cod.  Theod.  6,  4, 
^,  9, 10,  4c.).  They  still  possessed  juriscUcHo, 
though  their  importance  in  the  earlier  imperial 
period  was  greatly  diminished  by  the  derelop- 
ment  of  the  emperor's  own  jurisdiction  and  of 
a  regnlar  system  of  appellate  courts:  under 
Justinian,  and  in  fact  from  the  abolition  of  the 
fonnala(A.D.  294)  onward,  the  office  seems  to 
be  merely  that  of  a  judge  of  first  instance. 

A  person  who  had  been  ejected  ft'om  the 
senate  could  recover  his  rank  by  being  made 
praetor  (Dio  Cass,  xxxrii.  30 ;  Pint.  Cicero,  17). 
Sillosttus  was  made  praetor  M  r^  rV  fiov^iiy 
^raAailctr  (Dio  Cass.  zliL  52).  [J.  B.  M.j 

PBAETOBIA  (X)HOBS.  E^xebcitus, 
Vol.  I.  p.  791 J 

PBAETOBIANL  rEzEBCZTUS,  Vol.  I. 
p.  793.] 

PBAETCVBIUM  in  its  primary  sense  was 
the  test  of  the  general  (praetor),  the  head- 
qnsrtcrs  in  the  camp  (Mommsen,  Staatsrecht, 
ii.'  74)  [Castra,  Vol.  1.  p.  373].  Hence  we 
find  it  used  for  the  palace  of  a  prorincial  governor, 
not  only  when  his  official  title  was  praetor 
(si  in  Cic.  Verr.  iv.  28,  65),  but  also  when  the 
residence  of  a  proconsul  or  even  of  a  procurator 
is  meant  (cf.  John  zviii.  28):  for  the  palace  of 
s  foreign  prince,  as  Prusias  (Juv.  x.  161),  or 
Herod  (Acta  zzviiL  35).  It  was  used  also  for 
any  large  eonntry-house  (Juv.  i.  75;  Mart.  x. 
79 ;  Suet.  Aug  72,  T^,  39,  Caiig,  37),  but  it 
would  not  rightly  be  used  of  a  house  at  Rome, 
however  '^jMilaUal"  it  might  be.  It  is  no 
doubt  the  case  (as  Professor  Mayor  poiiubs  out 
ia  his  note  on  Juv.  /.  c)  that  the  origiijil  idea 
of  head-quarters  on  active  service  is  xitained. 
Hie  tUla  was  the  whole  property,  dwelling- 
hottic,  gardens,  farm,  &c. ;  the  house''  itself,  as 
the  head-quarters  of  the  owner,  was,  the  prae- 
toriam.  The  word  may,  however,  also  be 
applied  (as  Bishop  Lightfoot  shows,  on  Ep,  ad 
Ph^.  pp.  101  ff.)  to  a  body  of  men  forming 
the  council  of  war  which  met  in  the  general's 
|«ot  (Liv.  zzvi.  15 ;  zz^.  5),  and  later  to  the 
imperial  body-guard,  the  attendants  on  the 
holder  of  the  imperium,  who  represented  the 
pnetor  or  general  of  an  earlier  period  (Tac. 
Sist.  ii  U  $  Suet.  Xer,  9).  A  legionary  is  said 
to  serTe  m  legume,  a  guardsman  in  praetorio 
(PUn.  H,  N.  XXV.  §  17  ;  Tac.  ffist.  i.  20,  iv.  46). 
These  praetoriani  or  praetorian  guardsmen 
[£X£BCITU8,  Vol.  I.  p.  793]  were  by  Tiberius 
concentrated  in  a  camp  outside  the  CoUine  gate 
(Tsc  Jbm,  iv.  2 ;  Merivale,  J?om.  ffist,  v.  221) ; 
^t  this  camp  was  not,  as  has  sometimes  been 
stated,  called  praetorinm,  but  caetra  praetoria, 
«*^  praetorianorum,  or  castra  praetorii  (Tac. 
Sitt  i.  31;  Plin.  ff.  M  ui.  §  67).  These 
quarters  of  the  praetorian  guard  were  destroyed 
br  Constantine,  when  he  disbanded  the  guard 
it^lf ;  but  he  left  the  outer  walls  of  the  camp, 
^use  they  had  been  made  part  of  the 
Aureiiaa  Wall  (Bum,  Borne  and  Campaqna, 
P-^l).  rW.S.]    [G.  E.  M.]' 

•    ,  PRAEVABICATOB.  [Senatusoonbultum 

PRA'NDIIJBf .    [Cesta,  Vol.  I.  p.  395.] 
PBECA'BIUM.*   [iNTERDicruM.] 


PBINCEPS 


483 


PBELUM,  part  of  the  oil  and  wine  ■  press 
[Tobcular].  The  name  is  also  given  to  ot)ier 
presses,  as  (1)  that  used  in  making  paper  (Plln. 
xiii.  §  77;  cf.  Libeb):  (2)  the  press  for  clothes' 
used  at  the  end  of  the  fuller*s  process  [FuLLO],  ^v^^ 
when  the  clothes  were  sprinkled  (Sen.  Q,  N,  i. 

3,  2)  and  laid  in  presses,  whence  they  were 
taken  out  ready  to  send  home  (Aroroian.  xxviii. 

4,  19).  The  prela  in  Mart.  ii.  46,  3 ;  xi.  8,  5 ; 
Claud.  Epithad.  Pal,  101,  are  similar  presses  in 
the  houses  for  keeping  the  clothes  smooth  and 
ready  for  wear.  The  Qreek  name  was  Tror 
(Poll.  X.  135 ;  cf.  vii.  41) ;  and  a  later  synonym 
was  preuorivm  (Ammian.  /.  c. ;  Bliimner,  Tech' 
nologie,  i.  173).  [L  S.]    [G.  E.  M.] 

PBIMICE'BIUS,  a  name  given  to  various 
officers  and  dignitaries  under  the  later  Roman 
empire,  is  explained  by  Suidas  (s.  t.)  to  be  the 
person  who  holds  the  first  rank  in  anything. 
The  etymology  of  the  word  is  doubtful :  it  is 
supposed  that  a  person  was  called  Primiceritu 
because  his  name  stood  first  in  the  wax  (oera), 
that  is,  the  tablet  made  of  wax,  which  con- 
tained a  list  of  persons  of  any  rank. 

The  word  Primicerius  does  not  seem  to  have 
been  always  applied  to  the  person  who  was  at 
the  head  of  any  department  of  the  state  or 
army,  but  also  to  the  one  second  in  command  or 
authority;  as,  for  instance,  the  Primicerius 
Sacri  Cubiculi,  who  was  under  the  Praepositus 
Sacri  Cubiculi,  [Pbaefositus.]  Various  Pri- 
micerii  are  mentioned,  as  the  Primiceriua  Dome&' 
Ucorum  and  Pratectorum  (Cod.  12, 17, 2),  Fabricae 
(Cod.  11,  9,  2),  Jf^nsonmi  (Cod.  12,  28,  1),  No- 
tariorum  (Cod.  12,  7),  &c  [W.  S.] 

PBIMIPILA'BES.  [ExERCiTUS,  Vol.  I. 
p.  800.] 

PBIMIPI'LITS.    [ExERCiTU8,Vol.I.p.799.] 

PBIKOEPS  (Gk.  rrr^fif&y:  Mon,  Anc,  Or, 
vii.  9,  ifjLov  i^e/u^yos),  the  title  of  courtesy 
customarily  given  to  the  Roman  emperors  of 
the  fint  century,  and  less  commonly  to  those  of 
the  second  and  third.  The  use  of  the  term,  as 
one  which  conveniently  expressed  the  pre- 
eminence of  a  single  citizen,  was  familiar  to 
the  writers  of  the  later  Republic,  and  the 
term  itself  b  thus  applied  to  both  Pompey 
and  Caesar.  [The  ideal  **  princepa  dvilatis " 
sketched  by  Cicero  (Augustin.  de  Civ,  Dei, 
vi.  13),  in  a  lost  book  of  the  de  Republica,  was 
evidently  drawn  with  a  direct  reference  to 
Pompey:  cf.  ad  Att,  viii.  11.  Comp.  also  ad 
Att.  viii.  9,  ''nihil  malle  Caesarem  quam 
principe  Pompeio  sine  metu  vivere**;  Sallust, 
ffist,  iii.  fr.  81,  ed.  Kritz,  <*Pompeium  malle 
principem  volentibus  vobis  esse,  quam  illis  do- 
minationis  socium."  And  for  Caesar,  Cic.  ad 
Fam,  vi.  6, ''  esset  hie  quidem  clarus  in  toga  et 
princeps  '';  Suet.  Jul,  26,  .Hdiffidliusse  (Caesar- 
em) principem  civitatis  a  prime  ordine  in  secun- 
dum detrudi."]  Its  significance  as  accorded  by 
popular  consent  to  Augustus  and  his  successors 
was  the  same.  It  was  not  an  official  title,  and 
formed  no  part  of  the  official  designation  of  the 
emperors.  It  did  not  connote  the  tenure  of  any 
special  office  or  prerogative,  nor  was  it  conferred 
by  any  formal  act  of  senate  or  people.  It  was  a 
title  of  courtesy  pure  and  simple ;  marking  out 
its  bearer  as  the  "first  citizen'*  (princeps citfium, 
Mommsen,  Staatsr.  ii.  733,  note  3),  or  rather  as 
the  "foremost  man  of  the  sUte"  (princeps 
civitatis;  see  the  passages  quoted  above),  and 

2  I  2 


4d4 


PBINCEPS 


PRINCEPS 


implied  not  only  a  general  pre-eminence,  as 
distinct  from  a  specific  magisterial  authority 
(Tac.  Arm,  iii.  53,  ^  non  aedilis  ant  praetoris  aut 
consulis  partes  sustineo,  majus  aliqnid  et  ex- 
celsius  a  principe  postulatur "),  but  a  consti- 
tutional pre-eminence  among  free  citizens  as 
opposed  to  despotic  rule.  (Tac  IfiaL  iv.  3, 
'*  ceterum  ut  princeps  k>quebatur,  cirilia  de  se, 
de  republica  egregia ; "  Plin.  Paneg,  55,  **  sedem 
obtinet  phncipis  ne  sit  domino  locus  ;*'  Dio  Cass. 
Ivii.  8,  tt<nc6'rns  r&r  ^oiXmv,  airoKpdrwp  r«y 
<rTpoTitn&»,  ri»¥  8i  8^  Xovir&v  wp6Kpir6s  fl/iu) 
For  the  objections  to  the  view,  once  commonlj 
held,  that  the  title  is  only  an  abbreviation  of 
'*  princeps  senatus,"  see  Mommsen,  Staatarechtj 
ii.  733,  notes ;  Pelham  in  Joum.  Phil.  viii.  p. 
323.  This  view  is,  however,  restated  in  a  modi- 
fied form  by  Herzog,  Gesch.  «.  System  d,  r6m, 
Verfass,  ii.  p.  133. 

Principaiua. — ^The  title  princeps  exactly  ex- 
pressed the  characteristic  features  of  the 
position  occupied  by  the  emperor,  under  the 
Augustan  system — a  position  which  depended, 
not  on  the  tenure  of  any  one  great  oflSce,  still 
iess  of  any  newly-created  office,  but  on  the  fact 
that  certain  powers  had  been  conferred  upon  an 
individual  citizen  by  senate  and  people,  in  virtue 
of  which  he  was  for  the  time  raised  above  the 
heads  of  his  fellows.  It  was  moKover  a  position 
created  by  constitutional  means  for  each  holder  in 
turn,  and  involved  an  explicit  recognition  of  the 
continued  existence  of  a  free  commonwealth. 

The  principate  dates,  properly  speaicing,  from 
January  B.C.  27.  The  summer  of  B.a  29  found 
Octavian  the  undisputed  master  of  the  Roman 
world  {Mon.  Amcyr.  vi.  14);  nor  probably  by 
any  section  of  Roman  society  was  it  consi- 
dered either  desirable  or  possible  that  he  should 
literally  resign  the  wide  authority  he  wielded. 
But  while  the  experience  of  the  last  fifty  years 
had  amply  shown  that  some  concentration  of 
the  executive '  authority  was  imperatively 
necessary,  if  the  empire  was  to  hold  together, 
it  was  scarcely  less  important  in  the  interests 
of  peace  and  order  that  this  authority  should 
be  legitimised,  and  as  far  as  possible  harmonised 
with  republican  institutions  and  traditions. 
After  twenty  years  of  anomalous  or  pro- 
visional rule,  public  opinion  demanded  a 
government  which  should  be  not  only  strong, 
but  outwardly  at  least  regular  and  constitu- 
tional. The  first  step  towards  satisfying  this 
demand  was  taken  by  Octavian,  when  in  his 
sixth  consulship  (b.c.  28)  he  put  an  end  by 
edict  to  the  provisional  ri^gime  of  the  triumvi- 
rate, laid  down  the  extraordmary  authority  he 
had  held  since  B.C.  43,  and  formally  gave  back 
the  government  of  the  Commonwealth  to  the 
senate  and  people  (Afon,  Ancyr,  Lai,  vi.  13; 
Tac.  Ann,  iii.  28;  Dio  Cass.  liii.  2;  cf.  Suet. 
Auy.  28).  This  restoration  of  the  Republic  was 
followed  in  Jan.  B.C.  27  by  a  settlement  of 
Octavian's  own  position,  a  settlement  planned 
unquestionably  by  himself.  By  a  vote  of  the 
senate  and  people,  he  was  legally  re-invested 
with  the  essential  elements  of  his  former  autho- 
rity. He  was  given  a  command,  limited  indeed 
both  in  area  and  duration,  but  which  yet  in 
both  points  was  unprecedented!  y  wide.  The 
<*  province  '*  now  assigned  to  him  included  with 
one  exception  the  important  frontier  provinces. 
It  carried  with  it  the  sole  command  of  all  the 


armies  of  Rome,  and  the  exclusive  right  of  levy- 
ing troops,  of  concluding  treaties,  and  of  making 
war  and  peace  (Dio  (^ss.  liiL  12,  17;  Saet. 
Aug,  47,  ''provincias  validiores  ipse  susccpit, 
ceteras  proconsulibus  permisit ; "  Lex  Vespasiani, 
Wilmanns,  917 :  cf.  Strabo,  p.  840 ;  Provincu). 
Finally,  it  was  given  to  him  for  a  period  of  ten 
years,  at  the  expiry  of  which  it  was  rcnevable 
(Dio  Cass.  liii.  13,  16).  But  had  Octavisn 
rested  content  with  this  **  consulare  imperiam  ** 
alone,  he  would  have .  been  merely  a  powerful 
proconsul,  with  wider  powers  indeed  than  even 
those  held  by  Pompey  under  the  Gabinian  an^ 
Manilian  laws,  but  still  only  a  proconsul.  As 
such  he  would  have  had  no  tocus  standi  m  Bome^ 
and  would  have  been  only  the  equal  and  not  the 
superior  of  the  proconsular  governors  of  the 
provinces  not  included  within  the  area  of  his 
own  imperium.  Kor  could  the  old  difficulties 
arising  from  the  separation  between  the  chief 
military  command  abroad  and  the  highest 
magistracies  at  home  have  failed  to  reappMr. 
(The  proconsul  lost  his  imiierium  on  re-entering 
the  city,  Cic.  ad  Fam,  i.  9;  Dig.  1, 16, 16;  cf. 
also  Yell.  Pat.  ii.  31,  of  Pompey's  imperiam  is 
B.a  67,  *<  imperium  aeqwen  in  omnibos  pr»- 
vinciis  cum  proconsulibus.*')  These  disadvan- 
tages and  difficulties  Octavian  escaped  br 
retaining  the  consulship,  and  by  wielding  his 
imperium  as  consul.  As  consul  he  was  chief 
magistrate  of  the  state,  with  precedence,  not 
only  over  all  other  magistrates  at  home,  bat 
over  all  proconsuls  and  propraetors  abroad  (Cic. 
Phil.  iv.  4,  9;  od  Att,  viu.  15);  while  nnliice 
any  consul  of  later  times,  excepting  only  Pompey 
in  B.a  52,  the  province  of  his  imperium  was 
not  confined  to  Rome  and  Italy,  j^nt  extended 
over  a  great  portion  of  the  Empire.  It  was  a 
return,  in  a  sense,  to  the  practice  of  the  earlf 
Republic,  when  the  consuls  were  at  once  the 
highest  civil  and  the  highest  military  suthi^ 
nties  of  the  state.  His  control  of  the  adminis- 
tration at  home  was  further  confirmed  by  bis 
retention  of  the  tributUcia  poieHat^  granted  to 
him  for  life  in  B.G.  36  (Dio  Cass.  xlix.  15X 
though  it  is  doubtful  what  use,  if  any,  he  made 
of  the  prerogatives  attached  to  it  at  this  stage 
(Tac.  Ann,  i.  2,  ''posito  iiiviri  nomine,  con- 
sulem  se  ferens,  et  ad  tuendam  plebem  tribnnicio 
jure  contentum")*  Finally,  in  recognition  of 
his  great  services,  and  to  mark  his  pre-eminent 
dignity,  he  was  invested  by  senate  and  people 
with  the  cognomen  of  Augustus  {^M<m.  Aitcyr. 
Lat.  vi.  16;  C.  /.  Z.  i.  p.  384;  Ov  FatL  i.590). 
For  four  years  Augustus  continued  to  exercise 
the  primacy  at  home  and  abroad  assigned  to 
him  in  the  restored  Republic,  under  the  old 
constitutional  form  of  the  consulship.  Bat  in 
B.C.  23  a  change  was  made  which  gave  to  the 
principate  a  somewhat  different  shape,  and  one 
which  in  the  main  it  retained  down  to  the  time 
of  Diocletian.  (See  esp.  Henog,  op*  dt,  ii. 
p.  141 ;  Pelham,  In  Jotcm.  Pha,  xvii.  p.  37.) 
On  June  27  in  that  year  AugustuB  laid  down 
the  consulship  which  he  had  held  year  after 
year  since  B.a  31  (Dio  Cass.  liii.  32 ;  C.  I.  L. 
vi.  2014).  His  **  consulare  imperiam,"  with  its 
wide  province,  he  still  retained,  but  he  now  held 
it  only  pro-contule;  and  it  therefore  ceased  at 
once  to  be  valid  in  Rome  and  Italy,  ie.  within 
the  sphere  assigned  to  Uie  actual  consuls.  He 
further  lost  both  the  precedence  (mo/w  in^- 


PRINCEP8 


PRINCEPS 


rium)  orer  all  other  magistrates  and  pro-magis- 
tratef  which  a  consal  enjoyed,  and  the  yarious 
rights  in  connexion  with  senate  and  assembly 
attached  to  the  consulship.  He  had,  lastly,  no 
further  claim  to  the  consular  dignity  and  in- 
signia. These  losses,  which  would  have  seriously 
impaired  the  reality  and  completeness  of  his 
''primacy,"  were  now  made  good  by  the  follow- 
ing messures : — (a)  He  was  exempted  from  the 
(iissbility  attaching  to  proconsular  tenure  of  the 
imperium,  and  was  allowed,  though  no  longer 
consul,  to  retain  consular  imperium  in  Rome 
(B.a  23)  as  proconsul.  (6)  His  imperium  was 
to  rank  as  "majus"  over  that  of  proconsuls 
abroad  (9.0.  23).  (c)  He  was  given  the  consul's 
prior  right  of  convening  the  senate  (B.a  22), 
and  of  introducing  business  (B.C.  23)^  though 
the  latter  extended  only  to  one  *'  relatio," 
*fp)  h6s  ripos  (Dio  Casa.),  '*  jus  primae  rela- 
tionis.'*  (cf)  He  was  granted  (B.a  19)  equal 
rank  in  Rome  with  the  actual  consuls  by  the 
bestowal  of  the  twelve  fasces,  and  by  the  per- 
mission given  him  to  sit  between  the  consuls  on 
an  officUl  seat  (Dio  Cass.  liii.  32  ;  Liv.  iii.  10 ; 
Lex  Vespasiani  (Wilm.  917),  11.  4  sqq, ;  Dig. 
1, 16,  8).  But  Augustus  seems  to  have  been 
unwilling  openly  to  rest  his  position  in  Rome  on 
that  **  proconsular  imperium  "  which,  until  the 
exemption  made  in  his  own  favour,  had  only 
been  exercised  abroad,  and  was  associated  with 
the  sbsolute  methods  of  rule  prevalent  in  the 
camps  and  the  provinces.  Hence  he  brought 
^  forwsrd  into  special  prominence  his  tribunicia 
poUttas.  This  now  appears  for  the  first  time 
snkong  his  titles,  and  appears  sometimes  alone 
(**  snmmi  fastigii  vocabulum :  qua  cetera  imperia 
praemmeret ;  "  Tac.  Ann.  iiL  56 ;  Dio  Cass.  liii. 
32 ;  Cohen,  M^daiUeSy  L  Nos.  342  8qq, ;  Momm- 
scn,  StaaUr.  iii.  752).  A  number  is  sppended 
indicating  for  how  many  years  it  has  been  held, 
sad  the  thirty-aeven  yean  of  the  tribunician 
power  of  Augustus  are  reckoned  from  B.a  23 
(ifon.  Ane.  Lot,  i.  29;  Tac.  Ann.  i.  9).  On 
this  power  Augustus  declared  that  he  relied  for 
carrying  out  the  administrative  reforms  pressed 
for  by  the  senate,  and  on  this  ground  refused 
the  extraordinary  offices  which  were  offered  him 
(Jfoa.  Ancyr.  Or.  iii.  19).  Henceforward  the 
tribunician  power  ranked  highest  among  the 
prerogatires  roted  to  the  princeps;  higher  even 
than  the  imperium  itself  (Mommsen,  St€uit8r, 
ii.  1050 ;  Dio  Cass.  liii.  32,  liv.  12).  To  sum  up 
the  results  of  these  changes.  The  ^  consulare 
imperium  **  voted  in  B.C.  27  gave  Augustus  the 
immediate  and  exclusive  control  of  the  frontier 
provinces,  the  troops,  and  the  foreign  relations 
of  the  Empire.  From  B.C.  27  to  B.C.  23  he 
wielded  this  imperium  as  consul,  and  thus 
onited  with  this  military  command  that  general 
primacy  in  the  state  which  belonged  of  right  to 
tke  consuls.  From  8.0.  23  onwards  he  held  it 
not  as  consul,  but  pro-^amsuie ;  and  hence  the 
<leagnation  of  it  afterwards  current,  as  imperium 
pwonsulare.  But  he  was  nevertheless  allowed 
to  hold  it  in  Rome,  and  was,  moreover,  specially 
granted  the  consul's  rights  of  precedence  over 
other  magistrates.  As  if,  however,  to  conceal 
the  startling  fact,  that  there  was  now  in  Rome, 
by  the  side  of  the  annual  consuls,  a  holder  of 
consular  imperium,  fully  their  equal  in  rank 
end  power  at  home,  and  vested  besides  with  a 
vide  command   abroad,  the   tribunicia  potestas 


was  put  forward  as  the  outward  u^  and 
sj'mbol,  at  least  in  Rome,  of  the  pre-eimnence  of 
the  princeps.  The  new  form  thus  ^ven  to  the 
principate  it  retained  as  long  as  it  lasted :  for 
the  future  the  position  of  princeps  is  only  occa- 
siq^ally  and  accidentally  connected  with  the 
tenure  of  what  continued  to  be  In  theory  the 
chief  magistracy  of  the  state ;  and  the  princeps 
is,  strictly  speaking,  not  a  magistrate  at  all ; 
he  stands  by  the  side  of  the  consuls  and  over 
the  heads  of  all  other  magistrates,  with  a  definite 
province  of  his  own,  but  vested  also  with  a  pre- 
eminent authority  in  all  departments  of  state. 
One  more  result  of  importance  may  be  assigned 
to  this  resettlement  of  the  principate  in  B.C.  23 : 
the  prerogative  of  Augustus  was  now  deter- 
mined by  a  series  of  grants  conferring  upon  him 
various  powers,  privileges,  and  exemptions ;  and 
so  in  the  case  of  each  succeeding  princeps,  the 
question  was  not  one  of  electing  him  to  an  esta- 
blished ofiice  with  well-understood  prerogatives, 
but  of  conferring  upon  him  certain  powers.  Of 
these  a  customary  list  was  gradually  formed ; 
and  embodied  in  a  single  statute,  under  the 
terms  of  which  the  citizen  designated  for  the 
principate  received  from  the  hands  of  the  senate 
and  people  the  powers,  honours,  and  privileges 
once  voted  to  Augustus,  and  after  him  to  each 
successor  in  turn.  (Of  this  statute  a  fragment 
sur^'ives  in  the  so-called  Lex  Vespasiani:  see 
Pelham  in  J(mm.  Phil.  xvii.  pp.  45-51.) 

This  *'  Augustan  settlement "  was  in  form, 
possibly  in  intention,  a  compromise,  which  aimed 
at  securing  the  needed  centralisation  of  the 
executive  authority  with  the  least  possible  dis- 
turbance of  the  traditional  machinery  of  the 
Republic.  But  it  was  a  compromise,  which 
was  from  the  first  unreal.  The  powers  vested 
in  Augustus  were  too  wide  to  make  the  exist- 
ence of  any  other  substantial  authority  possible, 
and  the  independence  of  consuls  and  senate  was 
even  in  his  own  lifetime  a  fiction,  which  it 
became  increasingly  difficult  to  respect.  Though, 
however,  there  is  from  the  first  a  gravitation  of 
all  administrative  work  towards  the  princeps  as 
the  one  real  power  in  the  state,  yet  even  in  the 
latter  half  of  the  third  century  the  original 
theory  of  his  position  was  not  entirely  discarded. 
The  princeps  of  the  time  of  Ulpian  was  still  in 
strictness  only  a  citizen  invested  by  senate  and 
people  w^ith  certain  powers.  His  position  re- 
mained always  extra-magisterial,  and  was 
created  only  for  each  princeps  for  his  life.  No 
constitutional  provision  was  ever  made  for  the 
transmission  of  his  powers  to  any  successor,  nor 
was  any  one  method  of  selecting  a  successor 
legally  recognised.  The  principate  died  with  the 
princeps :  necessity  alone  determined  that  some 
citizen  must  be  selected  to  fill  the  position 
first  given  to  Augustus :  accidents,  such  as 
kinship  by  blood  or  adoption  to  the  last  prin- 
ceps, military  ability,  or  popularity  with  the 
senate,  determined  the  selection;  and  even  the 
invitation  ^'suscipere  imperium"  might  come 
indifferently  from  distant  legions^  from  the 
praetorian  guards,  or  from  the  senate.  Once, 
however,  selected  and  designated,  the  citizen 
received  the  powers  which  legally  made  him 
princeps,  from  senate  and  people,  according  to 
the  form  handed  down  from  the  days  of  Augustus 
(Mommsen,  StaaUr,  ii.  1038 ;  Vita  ffadr,  6, 
*'  esse  respublica  sine  imperatore  non  potest ; " 


486 


PRINCEP8 


Vit  Tacitif  3,  'Mmperator  est  deligendnt  quia 
cogit  necessitas:"  cf.  Tac  Itiat  i,  16;  Momm- 
sen,  /.  cJ  1039 ;  Joum,  PhU»  zrii.  47). 

But,  althoagh  the  principate  remained  so  far 
true  to  its  original  character,  it  underwent  in 
other  respects  important  changes  during  the 
three  centuries  which  separated  the  accession 
of  Augustus  from  that  of  Diocletian.  "These 
changes  may  be  convenientlir  summed  up  under 
the  following  heads : — (1)  The  enlargement  of 
the  area  placed  directly  under  the  control  of 
Caesar:  (2)  the  transformation  of  his  majva 
imperium  into  a  direct  control  even  over  those 
departments  of  administration  not  properly  in- 
cluded within  his  province :  (3)  the  subordi- 
nation to  him  of  the  originally  co-ordinate 
authority  of  the  regolar  magistrates  and  the 
senate :  (4)  the  increasingly  monarchical  cha- 
racter not  only  of  the  methods  of  government 
employed  by  Caesar,  but  also  of  the  outward 
accessories  of  his  position.  Of  these  changes 
the  first  two  were  mainly  brought  about  by  the 
necessities  of  administration,  and  are  sufficiently 
explained  by  the  words  of  Ulpian  when  describ- 
ing the  institution  of  the  praefectura  nigiliam. 
Dig.  1, 15, "  Salutem  reipnblicae  tueri  nuUi  magis 
convenire  .  . .  nee  alinm  sufficere  ei  rei  quam 
Caesarem.'*  The  two  last  were  the  inevitable 
result  of  this  process  of  centralisation  which  at 
once  rendered  impossible  the  existence  of  any 
independent  authority  by  the  side  of  that  pos- 
sessed by  Caesar,  and  elevated  Caesar  himself  to 
a  position  where  the  limitations  imposed  by 
republican  usage  and  tradition  fell  away  of 
themselves. 

To  the  *^  consulare  imperium "  as  held  by 
Augustus  was  assigned,  according  to  established 
custom,  a  definite  area  or  province,  within  which 
he  was  as  exclusively  supreme  as  Cicero  in 
Cilicia,  or  Pompey  in  Asia.  It  included  (a)  the 
command-in-chief  of  all  the  forces  of  the  state, 
and  with  this  the  sole  right  to  levy  troops  and 
promote  or  discharge  soldiers.  [That  the  taking 
of  a  census  in  the  provinces  was  from  the  first 
a  prerogative  of  Caesar  is  almost  certain 
(Mommsen,  Staaisr,  ii.  945),  and  it  was  pro- 
bably directly  connected  with  the  levying  espe- 
cially of  auxiliary  troops  (ib.  ii.  393 ;  Henzen, 
6453  ;  Plin.  ff,  N.  iii.  §  28).]  (6.)  The  sole  right 
to  declare  war  and  peace,  and  to  conclude 
treaties,  (c.)  The  right  to  coin  gold  and  silver. 
((/.)  The  "jus  edicendi":  Lex  ds  Imp,  Vesp.  6. 
(c.)  The  government  of  certain  specified  pro- 
vinces. 

The  distinction  between  the  department  pro- 
perly belonging  to  Caesar,  and  those  left  to  the 
care  of  other  authorities,  had  not  wholly 
disappeared  even  by  the  close  of  the  third 
century:  but  Caesar^s  province  from  the  first 
steadily  increased  in  extent.  After  the  trans- 
ference of  Illyricum  to  Augustus  in  b.c.  11,  and 
the  separation  of  Numidia  from  the  ]>roconsular 
province  of  Africa  in  37  a.d.  (Strabo,  p.  840 ; 
Dio  Cass.  liii.  12,  lix.  20;  Tac.  HisU  iv.  48), 
even  the  immediate  command  of  regular  troops 
passed  absolutely  into  the  hands  of  Caesar's 
ofEcers.  The  senatorial  provinces  are  with 
Tacitus  the  '<  provinciae  inermes."  In  the  time 
of  Dio  Cassius  the  proconsuls  were  even  forbidden 
to  wear  the  military  paludamentwn  (Dio  Cass, 
liii.  17),  and  Gallienus  finally  excluded  senators 
from  all  posts  in  the  army  (Aurel.  Vict.  Caes. 


PBINCEP8 

33).  There  is  some  reason  for  thinking  that 
under  the  earlier  emperors,  a  census,  though 
ordered  by  Caesar,  was  in  provinces  other  than 
his  own  carried  out  by  the  proconsul ;  but  aflcr 
Hadrian  there  is  no  trace  of  this  distinction,  and 
the  whole  work  throughout  the  Empire  is  in  the 
hands  of  Caesar's  servants.  The  unimportance 
of  the  copper  coinage  was  probably  the  reason 
why  in  this  case  the  limits  originally  imposed 
upon  the  emperor  were  retained  until  the  time 
of  Aurelian  (Schiller,  GckK.  d.  Kamrzeit,  I 
867). 

The  number  of  provinces  originally  assigned 
to  Caesar  was  eight.  But  inasmuch  as  all  pro- 
vinces created  subsequently  were  also  placed 
under  his  authoritv,  the  number  rose  rapidljr. 
At  the  close  of  the  first  century  there  were 
already  twenty-five  provinces  of  Caesar,  in- 
cluding the  most  populous  and  wealthy  districts 
of  the  Empire,  and  stretching  in  an  almost 
unbroken  line  along  its  frontiers.  Outside  this 
area,  in  the  so-called  senatorial  provinces,  and 
in  Rome  and  Italy,  Caesar  laid  his  hand  on  ooe 
department  after  another.  In  the  case  of  tbf 
former,  Caesar  possessed  from  the  first  exclosire 
control  over  the  troops,  over  foreign  reUtioos, 
and  over  the  census.  But  the  proconsul's  area 
of  authority  was  further  limited  by  the  appro- 
priation to  Caesar  of  a  certain  portion  of  the 
revenues  drawn  from  his  province;  and  the 
amount  of  these  steadily  increased  [Fisccs]. 
Their  collection  and  management  were  entrusted 
to  imperial  procuratores  [pROCaiUTOR],  who 
from  being  at  first  merely  private  agents, 
with  no  official  status  or  'powers,  gradually 
came  to  form  a  distinct  financial  executive,  vir- 
tually independent  of  the  proconsul,  with  which 
he  is  recommended  by  Ulpian  (Dig.  1,  16,  9)  to 
have  as  little  as  possible  to  do.  To  Caesar 
lastly  belonged  the  right,  even  in  senatorial  pro-> 
vinces,  of  founding  colonies,  of  granting  charters 
of  incorporation  to  communities,  of  raising  or 
lowering  their  status,  and  of  conferring  both 
Latin  rights  and  the  Roman  franchise.  (See 
CiViTAS,  and  Mommsen,  Staatir.  ii  828  tqq. 
That  in  the  first  century  questions  affectine  the 
status  of  communities  had  not  yet  passed  wholly 
into  Caesar's  hands  may  be  inferred  from  the 
occasional  mention  of  senatusconsulta  and  of 
discussions  in  the  senate  respecting  them :  Suet. 
Tib.  37 ;  Tac.  Am.  xi.  23,  xii.  58,  61.) 

Rome  and  Italy  lay,  like  the  senatorial  pro- 
vinces, outside  the  proper  province  of  Caesar, 
but  here  too  one  department  of  administration 
after  another  was  brought  within  the  area  of  hi^ 
authority,  at  the  cost  either  of  the  magistrates 
in  Rome  or  of  the  municipal  oflicials.  In  sotr*' 
cases  the  transfer  was  made  directly,  in  others 
the  change  was  broken  by  the  creation  in  tho 
first  instance  ex  tenatusconstdto  of  senatorlil 
curatores.  But  these  curatores  were  all  soooer 
or  later  either  replaced  by  imperial  praefecti 
and  procuratores,  or  made  so  dependent  upon 
Caesar  as  to  differ  only  in  name  from  his  actual 
servants.  The  care  of  the  com  supply  (A  2f  7705 A ; 
Hirschfeld,  Verwaltwng^gescK  139),  of  the  aque- 
ducts (Id.  164),  of  the  public  buildings,  the 
banks  of  the  Tiber,  and  the  cloacae  (Id.  149-161). 
had  all  by  the  time  of  Claudius  passed  into 
Caesar's  hands.  The  praefectura  vigitum  [Prak- 
FECTUS]  dates  from  A.i>.  6.  The  far  more  im- 
portant praefectura  urbis  became' a  permanent 


PfilNCEPS 

office  in  the  reign  of  Tiberias ;  and  as  early  aa 
the  reign  of  Domitian,  iU  holder  exerciaed  a 
-wide  criminal  jurisdiction  in  Italj  as  well  as 
within  the  city  [PsAErBCrus  Usbi]. 

In  Italy  the  area  of  direct  Imperial  government 
widened  more  slowly  than  in  Rome.  The  ez- 
clnaiTe  military  authority  rested  in  Caesar  from 
the  firat  made  him,  it  is  true,  responsible  not 
only  for  the  lerying  of  troops  (Mommsen,  Staatsr, 
u.  797)  and  for  the  protection  of  the  Italian  coasts 
and  harbours  (the  fleets  atMisenomand  Rarenna 
date  from  Augnstns,  and  Ostia  and  PuteoU  were 
special  objects  of  imperial  care:  Snet.  (^aud. 
2b\  but  also  for  the  suppression  of  such  dis- 
orders as  required  the  intenrention  of  military 
force.  (Cf.  militea  staiionariif  Suet.  Aug.  32, 
Tib.  37;  Tac  Ann.  xiv.  17.)  But  Septimius 
Seyerus  first  quartered  a  legion  (II.  Parthica) 
in  Italy;  and  the  imperial  oorr^ctores^  for  the 
maintenance  of  order  in  the  various  districts  of 
the  peninaola,  do  not  appear  as  a  regular  insti- 
tation  before  the  reign  of  Aurelian.  [For  further 
details  on  this  subject,  see  Provincia.]  Closely 
connected  with  the  maintenance  of  order  in  Italy 
was  the  care  of  the  main  roads  [Yiae],  the  lands 
of  Caesar,  and  other  revenues  accruing  to  him 
[Fisccb;  Pbotingia]:  as  regards  his  control  by 
means  of  the  curatory  reipwdicae  over  the  local, 
government  of  Italian  towns,  see  Pbovincia  and 

OOLOHIA. 

Enoogh  has  been  said  to  show  how  enormously 
the  area  assigned  to  the  direct  imperium  of 
Caesar  had  expanded  since  B.G.  23.  Outside  the 
limits,  wide  as  they  were,  of  the  imperial  pro- 
vinces, in  the  provinces  of  the  senate  and  people, 
and  in  Rome  and  Italy,  there  were  prerogatives 
reserved  exclusively  for  Caesar,  and  departments 
of  adniinistration  controlled  absolutely  by  him- 
self and  his  own  officials. 

The  settlement  of  B.C.  23  declared  that  the 
imperium  of  Augustus  should  rank  as  majus  over 
that  exercised  by  all  other  holders  of  imperium  ; 
excepting  only,  it  is  probable,  the  consuls ;  and 
the  use  made  of  this  majus  imperium  did  even 
more  than  the  extension  of  Caesar's  own  proper 
domain  to  make  him  absolute,  and  to  render 
little  more  than  nominal  the  distinction  between 
Caesar's  department  and  those  of  the  regular 
magistrates  of  the  state.  The  possession  of  this 
"  greater  authority  "  entitled  Caesar  to  claim 
from  the  praetors  and  lower  magistrates  in 
Rome,  and  from  the  proconsuls  abroad,  the 
deference  due  in  republican  times  to  the  consul ; 
and  as  Caesar  became  stronger,  and  the  need 
for  administrative  unity  increased,  this  de- 
ference was  easily  transformed  into  a  complete 
subordination,  which  placed  praetors  and  pro- 
consals  almost  as  entirely  under  Caesar's  control, 
as  his  own  legat4»,  prefects,  and  procurators. 
The  effectiveness  of  this  weapon  is  best  illus- 
trated by  the  relations  between  the  emperor  and 
the  proconsular  governors  of  the  senatorial 
provinces.  The  proconsul,  as  holding  an  inde- 
pendent magisterial  authority,  derived  ultimately 
from  senate  and  people,  was  in  theory  and  at 
firs^.in  practice  in  a  wholly  different  position  to 
the  imperial  legate.  In  particular  he  was  respon- 
sible not  to  Caesar,  but,  like  Caesar  himself,  to 
the  consuls,  senate,  and  people  of  Rome.  And 
there  are  instances  in  which  the  earlier  emperors 
almost  ostentatiously  abstain  from  exercising 
authority  over  proconsnls  and  proconsular  pro- 


PSIKCJSPS 


487 


vinces  outside  the  limits  of  the  rights  specially 
reserved  to  them.  Deputations  from  such  pro- 
vinces sent  to  Caesar  are  by  him  referred  to 
consuls  and  senate  (Suet.  Tib.  31).  Administra- 
tive questions  affecting  them  are  discussed  in  the 
senate,  and  decided  by  senatusconsulta  (Tac  Ann, 
ii.  47,  iii.  60;  Plin.  Ep.  ad  Traj.  72;  Momm- 
sen,  StaaUr,  iii.  1211).  Nero  declared  that 
appeals  from  these  provinces  should  go  to  the 
judgment-seat  of  the  consuls  (Tac.  Ann.  xiii.  4). 
A  proconsul  charged  with  extortion  was  as  late 
as  the  reign  of  Trinan  ordinarily  tried  by  consuls 
and  senate ;  and  nnally  the  instances  in  which 
the  maladministration  of  a  proconsular  province 
led  to  its  transference  to  Caoar,  or  to  the  sending 
thither  of  a  special  imperial  legate,  indicate 
that  down  at  least  to  the  end  of  the  1st  century 
Caesar's  control  over  these  provinces  was  less 
absolute  and  direct  than  over  his  own  (Mommsen, 
Staatsr.  u.  227 ;  Plin.  Ep.  8,  24 ;  C.  /.  L.  iii. 
567 ;  Wilmanos,  Exempla^  874).  But  in  the 
course  of  the  second  century  the  distinction, 
though  retained  in  form,  gradually  ceased  to 
have  any  practical  importance ;  and  on  the 
strength  of  his  majus  imperium  Caesar's  control 
over  proconsuls  was  virtually  as  complete  as  his 
control  of  his  own  legates.  The  appeal  to  consuls 
and  senate  disappeared  in  favour  of  the  appeal 
to  Caesar.  Instances  of  the  trial  of  a  proconsul 
before  the  senate  are  rare  after  the  time  of  Trajan 
(Mommsen,  Staatsr.  ii.  110).  Dio  Cassius  re- 
presents the  exercise  of  this  jurisdiction  by  the 
senate  as  a  concession  on  the  part  of  the  emperor 
(Dio  Cass.  Ixxi.  28;  Vita  Marciy  10).  Under 
Commodus,  a  proconsul  of  Sicily  was  tried  by 
the  imperial  praefectus  praetorio.  Septimius 
Severus  heard  such  cases  himself  (  Vit.  Set,  4, 8), 
and  Ulpian  clearly  contemplates  Caesar's  tribunal 
as  the  only  one  in  question.  It  is  no  less  certain 
that  at  least  after  Hadrian  the  proconsul  was, 
equally  with  the  imperial  legate,  controlled, 
directed,  and  instructed  in  the  work  of  adminis- 
tration by  the  rescripts,  edicts,  and  constitutions 
of  Caesar.  The  right  to  do  so,  derived  from  the 
majus  imperium^  and  confirmed  apparently  by  a 
special  clause  of  the  Lex  de  Imperio  (see  Lex  de 
Imp.  Vespas.  6;  CI,  L.  vi.  930;  Mommsen, 
Staatsr.  ii.  843  sqq.\  was  both  possessed  and  ex- 
ercised by  Augustus ;  but  while  by  the  earlier 
emperors  it  Was  sparingly  used,  in  the  second 
and  third  centuries  there  is  a  marked  and  rapid 
increase  in  the  numbers  of  imperial  edicts,  and 
in  the  Digest  they  are  the  authorities  mainly 
quoted  on  points  affecting  the  government  of 
senatorial  no  less  than  imperial  provinces  (Dio 
Cass.  Ixx.  3 ;  Euseb.  Hist.  Eccl  4,  8 ;  Dig.  1, 
16,  4,  6,  10;  48,  6,  5,  8,  4,  &c).  For  the 
recognition  in  earlier  times  of  the  quasi-inde- 
pendent authority  of  the  proconsul,  see  the 
decree  of  Norbanus  (Joseph.  Awt.  xvi.  6,  6). 

The  increasing  intensity  and  force  of  Caesar's 
majus  imperium^  coupled  with  the  rapid  extension 
of  the  area  placed  directly  under  hu  authority, 
told  with  equal  effect  upon  the  regular  magit- 
tratus  Qvm  imperio  in  Rome.  Their  degradation 
from  their  original  position  as  the  chief  executive 
officers  of  the  state  to  that  of  municipal  officials 
of  the  city  of  Rome  began  under  the  Republic, 
with  the  practice  of  assigning  the  commands  of 
legions  and  provinces  to  proconsuls  and  pro- 
praetors, and  was  only  completed  by  the  trans- 
ference to  Caesar  of  one  department  of  adminis- 


V 

\ 


488 


PBINCEP8 


tration  after  another  even  in  Rome  and  Italy. 
But  this  process,  the  conrerse  of  that  which 
gradually  raised  Caesar's  private  servants  to  the 
rank  of  state  officials,  scarcely  involved  so 
marked  a  departure  from  the  ancient  constitution, 
or  even  from  the  principles  of  the  Augustan 
system,  as  the  virtual  transformation  of  these 
theoreticallv  independent  colleagues  of  Caesar 
into  subordinate  officials.  The  two  changes 
were  indeed  closely  connected;  for,  with  the 
incresising  restriction  of  consuls  and  praetors  to 
unimportant  or  purely  departmental  work,  while 
the  general  administration  and  to  a  great  extent 
the  higher  jurisdiction  both  in  the  city  and  in 
Italy  was  transferred  to  Caesar  and  to  his  officers, 
the  theory  of  their  supremacy  and  even  of  their 
equality  with  Caesar  became  an  untenable 
fiction. 

The  Augustan  system  left  the  consulship  still 
the  supreme  magistracy  of  the  state,  and  this 
pre-eminence  was  formally  recognised  throughout 
the  first  century  (Tac  Ann,  iv.  19,  ^  consulis, 
cujus  vigiliis  niteretur  ne  quod  respublica  de- 
trimentum  caperet : "  cf.  Suet.  Tib.  31 ;  Plin. 
Pan,  59,  !*  summa  potestas  ").  Even  in  the  third 
oentury  there  was  no  appeal  to  Caesar  from  the 
jurisdiction  of  consuls  and  senate  (Ulpian,  Dig. 
49,  2,  1),  and  one  right  at  least  attaching  to 
their  old  position,  that  of  giving  their  names  to 
the  year,  remained  with  the  consuls  (i,e.  with 
the  oonsules  ordmarii:  see  COHSUL,  and  Momm- 
sen,  Staattr,  ii.  86)  in  post-Diocletian  times. 
But  the  Augustan  system,  in  placing  by  the 
side  of  the  consuls  a  holder  of  consular  imperium, 
brought  the  nominal  supremacy  of  the  consuls 
into  unequal  conflict  with  the  wide  authority  of 
the  princeps.  The  course  of  events  robbed  the 
consuls  of  all  but  purely  domestic  duties,  while 
it  entrusted  to  the  princeps  the  general  guardian- 
ship and  government  of  the  Empire.  Even 
Tiberius  could  claim  for  the  princeps  r  general 
control,  distinct  from  the  limited  sphere  belong- 
ing to  the  consul  (Tac.  Ann,  iii.  53).  In  Pliny's 
panegyric  the  older  and  newer  views  of  the 
relative  position  of  the  two  are  both  represented. 
On  the  one  hand,  the  consulship  is  still  regarded 
as  the  ** highest  authority"  and  as  on  a  level 
with  that  of  Caesar  {Pan.  59) ;  on  the  other, 
it  is  merely  the  highest  post  open  to  a  private 
citizen  (Pan.  64;  Ep.  ii.  1)  as  distinct  from 
the  sovereign  dignity  of  the  principate,  and  the 
limited  and  domestic  character  of  its  duties  is 
contrasted  with  the  wider  imperial  sphere  be- 
longing to  Caesar  (Pan.  79).  Rather  more  than 
a  century  later  in  the  Digest  the  subordination 
of  the  consulship  is  complete.  The  consuls  have 
only  specific  departmental  duties  to  perform, 
and  the  duties  are  not  infrequently  spoken  of  as 
assigned  to  them  by  the  emperor  (Mommsen, 
Staatmr,  ii.  96  ;  CONSUL),  while  not  only  Caesar, 
but  Caesar's  prefect  of  the  city,  ranks  above 
them  (Ulpian,  Dig.  49,  1,  1,  3;  cf.  Dig.  5, 1, 12; 
Pbaefectus).  In  the  case  of  the  praetorship 
there  was  from  the  first  no  question  of  equality 
with  Caesar,  for  to  the  consular  rank  and  im- 
perium of  Caesar  the  praetor  owed  deference  as 
to  the  actual  consuls.  We  consequently  find 
the  praetors,  even  under  the  early  emperors, 
filling  a  strictly  subordinate  place.  Their  juris- 
diction was  gradually  restricted  to  certain  well- 
defined  departments  marked  out  for  them  by 
Caesar     (Mommsen,    Staatsr,    ii,     204,     206*; 


PRINCEPS 

PiuusTOB) ;  and  such  titles  as  praetor  tutehrU 
and  praetor  hattarius  clearly  indicate  the  purely 
departmental  nature  of  their  duties. 

This  transformation  of  the  originally  supreme 
<<  magistratus  cum  imperio"  into  subordinate 
officials,  with  limited  and  almost  entirely  muni- 
cipal duties,  was  assisted  by  the  control  which 
the  emperors  obtained  over  their  appointment, 
and  which  reduced  them  to  the  position  of 
imperial  placemen.  This  control,  based  as  it 
was  on  the  right  of  nomination,  which  the 
emperor's  consular  imperium  gave  him  co-ordi- 
nately with  the  consuls  (Tac  Ann„  i.  81),  and  on 
that  of  **  commendation "  (tb,  i.  15.  It  was 
formally  granted  to  Vespasian,  Lex  de  Imp,  4 ; 
whether  it  was  ever  used  in  the  case  of  the 
consulship  is  doubtful:  Mommsen,  Staatsr.  ii. 
865  »qq.),  was  already  well  established  and 
frankly  recognised  in  the  time  of  Trajan.  [Plin. 
Pan,  77,  ''ipsum  (sc  Caesarem)  qui  consules 
facit : "  cf.  Id.  Ep,  iv.  15,  ad  Trey'.  12.  The 
election  of  the  lower  magistrates  was  still 
something  of  a  reality,  and  involved  canvassing 
(Id.  Ep,  ii.  9),  corruption  (Id.  Ep,  vi.  19),  and 
even  disorderly  contests  (Id.  Ep.  iiL  20).]  In 
the  third  century  the  whole  business  of  appoint- 
ing the  ^  magistrates  of  the  Roman  people  '*  is 
treated  by  (Jlpian  as  one  which  concerned 
Caesar  alone  (Dig.  48,  14). 

The  final  change  by  which  these  magis- 
tracies were,  with  the  exception  of  the  consnl- 
ship,  robbed  of  all  imperial  significance,  by 
losing  their  value  as  qualifications  for  high 
provincial  and  military  commands,  was  not 
completely  carried  out  until  after  Diocletian. 

For  the  gradual  change  in  the  relations  of  the 
emperor  and  the  senate,  see  Senatus:  by  the 
end  of  the  second  century  the  senate  had  lost  all 
importance  as  Caesar's  partner ;  by  the  end  of  the 
third  it  was  virtually  discarded  even  as  an  in- 
strument of  his  government. 

The  changes  described  above,  the  extension  of 
the  area  of  government,  assigned  directly  to 
Caesar,  and  the  complete  subordination  to  him 
of  all  other  constituted  authority  within  the 
state,  brought  about  a  corresponding  change  in 
his  personal  position.     The  more  absolute  he 
became   in  fact,  the  more  difficult  it  was  to 
treat  him  as  anything  but  a  monarch.    This 
natural  tendency   to    clothe  Caesar  with   the 
attributes  and  surround  him  with  the  accessories 
of  a  legitimate  monarchy  shows  itself  even 
under     Augustus;    but     it    was    undoubtedly 
strengthened   by  a   growing  feeling   that  the 
exceptional  and  provisional  nature  of  his  autho- 
rity  was  a  real  source  of  weakness,  both  at 
home  and   abroad.      The  organisation  of  the 
principate  as  a  regular  and  permanent  office,  with 
a  settled  mode  of  succession,  was  desirable  not 
only  in  the  interests  of  good  government,  bat  ss 
a  check  upon  the  ambition  of  pretenders ;  while 
in  the  East,  at  any  rate,  it  was  important  thst 
the  Roman  Caesar  should  be  able  to  challenge 
comparison  in  personal  splendour  and  majesty 
with  the  kings  of  Parthia  or  Persia.    To  secure 
the  first  of  these  ends  was  the  aim  of  the  ablest 
emperors  of  the  second  century.    The  endeavour 
to  secure  the  second  lies  at  the  root  of  much  in 
the  policy  of  Aurelian  and  Diocletian.    It  was  a 
policy  so  far  similar  in  its  motives  to  that  which 
created  the  Queen  of  England  Empress  of  Hin- 
dostan,  and  it  was  encouraged  not  only  by  the 


PBINCEPS 

langnagt  and  maxims  of  lawjars,  like  Ulpian,  of 
JuBtern  birth,  but  by  the  erer-increasing  in- 
flnenoe  of  Oriental  habits  and  beliefs  in  the 
imperial  court  and  in  Roman  society.     / 

The  original  theory  that  the  princepe  is 
nothing  but  a  citizen  on  whom  definite  powers 
hare  been  conferred  by  senate  and  people  for  a 
limited  time,  was  one  never  strictly  carried  ont 
in  pnctioe;  and  by  the  close  of  the  third 
century  little  remained  to  witness  to  it,  but  the 
Ibnnal  *'  lex  de  imperio  "  and  the  absence  of  any 
lecqpitsed  mode  of  succession.  The  history  of 
this  change  it  is  impossible  to  follow  in  detail, 
and  only  the  main  outlines  can  be  traced  here. 

The  limitation  of  time,  obeerved  in  form 
throughout  the  reign  of  Augustus,  disappeared 
st  his  death.  Tiberius  and  his  successors  re- 
ceiTed  the  imperium  for  life,  and  only  the  cele- 
bration of  the  decennalia  preserved  the  memory 
of  the  original  arrangement  [Imperium].  The 
distinction  between  the  Tarious  powers  and 
privileges  granted  to  the  prinoeps,  as  well  as 
the  purely  individual  nature  of  the  grant,  were 
esaily  obacured  when,  as  was  done  first  in  the 
esse  of  Gaius,  they  were  not  only  conferred  en 
bloc  at  one  time,  but  transforred  with  little  or 
no  alteration  from  one  emperor  to  another 
(Mommsen,  SUuUsr.  ii.  744,  and  the  references 
given  there).  The  notion  thus  developed  of  a 
single  and  permanent  authority  wielded  by  each 
emperor  in  turn,  and  consequently  of  a  preroga- 
tive inherent  in  the  principate,  was  strengthened 
when  the  functions  of  the  censorship  were, 
after  the  time  of  Domitian,  exercised  in  virtue 
only  of  the  general  authority  belonging  to  the 
prinoeps  (Mommsen,  Staatsr.  ii.  1013 ;  Censok). 
The  authority  conferred  upon  Augustus  was  not 
only  built  up  out  of  various  distinct  powers,  but 
WIS  limited  by  the  extent  of  these,  and  was 
subject  to  the  laws,  except  where  its  holder  had 
been  specially  exempted  from  their  operation. 
In  this  latter  respect  also  a  change  took  place. 
At  any  rate  at  the  close  of  the  second  and  in 
the  third  century  the  authoritv  of  the  prinoeps 
was  regarded  not  only  as  single,  but  as  plenary 
and  abaolate.  The  emperors  are  exempted  from 
the  laws  (Dio  Cass.  liiL  18),  and  it  is  their 
privilege  to  give  laws,  not  receive  them  ( Vit 
CariKaii.  10) ;  a  view  springing  naturally  both 
from  the  virtual  irresponsibility  of  Caesar  as  a 
life  ruler  and  from  his  monopoly  of  the  work  of 
law-making,  and  which  was  finally  and  autho- 
ritatively adopted  in  the  fifth  century  (Justin. 
Xo€.  lObf  4;  Monmisen,  Staatsr,  ii.  714,  note. 
It  appears,  however,  as  early  as  Pliny,  Paneg. 
65,  **  ipse  te  legibns  subjecisti,  quas  nemo  priu- 
dpi  scripeit "). 

Bat  it  is  not  only  in  this  unrepublican  theory 
of  hie  prerogative  that  the  tendency  to  transform 
Caesar  into  a  monarch  is  observable.  It  is  as 
clearly  seen  in  the  elevation  of  his  family  and 
friends  abore  the  level  of  private  persons,  and 
of  his  personal  servants  and  agents  to  that  of 
state  officials.  These  changes,  which  involved  a 
complete  departure  from  republican  principles, 
commenced  with  Augustus  and  were  completed 
ia  the  fourth  century.  'The  &mtly  of  Caesar 
{domMM  CcuMaria)  had  not  properly,  any  more 
than  that  of  an  ordinary  magistrate,  any  public 
nnk  or  privileges.  Augustus  set  his  face 
against  attempts  to  pay  them  honour  as  a  royal 
boose ;  and  though  provincials  even  in  his  reign 


PBINCEPS 


489 


coupled  with  Augustus  himself  his  wife,  chil- 
dren and  family  (Wllm.  Ex,  104),  there  was  no 
regular  public  recognition  of  the  domui  Caesaris 
till  later.  That  in  the  time  of  Nero  the  prae- 
torian guards  already  took  the  oath  to  the 
"  whole  house  of  Caesar,"  is  implied  by  Tacitus 
{Ann.  xiv.  7).  Under  the  Flavian  emperors  the 
domut  is  associated  with  Caesar  in  the  oofei 
pubiioa  (Mommsen,  Staatsr,  ii.  776).  The 
phrase  **  domus  Augusta  "  occurs  in  an  inscrip- 
tion of  the  year  159  a.d  (Orelli,  4092).  *<  I^. 
mus  divina"  appears  fiM  under  Commodus 
(Wilm.  120),  and  is  frequent  afterwards  (see 
Orelli-Henzen,  Indices^  p.  57).  A  similar  ten- 
dency is  observable  in  the  treatment  of  the 
individual  members  of  Caesar's  house.  In  the 
case  indeed  of  the  males,  republican  usage  was 
so  fisr  adhered  to,  that  for  the  most  part  they 
have  only  the  rank  which  followed  legitimately 
from  the  tenure  of  public  office,  though  per- 
mitted to  hold  these  offices  at  an  earlier  age  and 
in  more  rapid  succession  than  ordinary  citizens 
(Mommsen,  Staatar,  ii.  772  nqq,).  To  the 
females,  for  whom  these  more  legitimate  marks 
of  distinction  were  out  of  the  question,  honours 
of  a  distinctly  royal  character  were  given.  The 
title  of  **  Augusta,"  first  given  to  Livia,  was  by 
the  end  of  the  first  century  commonly  granted 
not  only  to  the  wife  of  the  reigning  prinoeps, 
but  to  his  sisters  and  daughters.  The  *' empress," 
as  she  now  became,  was  in  the  second  century 
further  distinguished  by  the  appellation  **mater 
castrorum,"  first  borne  bv  the  younger  Faustina. 
Julia  Mammaea  in  the  third  century  u  ^  mater 
castrorum  et  senatus  et  patriae  et  universi 
generis  hnmani"  (Wilmanns,  1005).  The 
honour  of  deification,  for  which  also  the  first 
precedent  was  set  in  the  case  of  Liria,  was 
freely  granted  in  the  second  century  (Momm- 
sen, Skuftsr.  ii.  780,  781),  and  after  the  time  of 
Domitian  the  heads  of  the  wife  and  even  of  other 
female  members  of  Caesar's  house  appear  fre- 
quently on  the  coins.  (For  other  marks  of 
honour,  tf.0.  the  special  body-guard,  the  torch- 
bearers,  sc.,  see  Mommsen,  StaaUr.  i.  346, 
ii  775.) 

More  significant  is  the  manner  in  which  not 
only  blood-relationship  with  Caesar,  but  even 
the  tie  of  friendship  came  in  time  to  confer  a 
definite  public  status,  and  ultimately  official 
authority.  Augustus  himself  was  obliged  to 
check  the  tendency  to  place  his  ^  friends  "  above 
the  laws  (Suet.  Aug.  56 :  cf.  Tac.  Ann.  ii.  34, 
of  Urgulania,  ''supra  leges  amicitia  Caesaris 
extulerat").  Under  Tiberius  the  ''cohors 
amicorum"  assumed  a  definite  shape.  It  was 
divided  into  classes,  with  varying  privileges ;  ad- 
mission to  it  was  a  formal  act  O^ac.  Ann.  vi.  9), 
expulsion  from  it  a  penalty  equivalent  in  its 
consequences  to  exile  (Suet.  1V>.  56 ;  Tac  iinn. 
iii.  12,  24).  At  Rome  it  constituted  a  court, 
with  a  regular  ceremonial  and  scale  of  prece- 
dence (Plin.  II.  N.  xxxiii.  $  41 ;  Sen.  de  Bene/. 
vi.  34,  de  Clem,  i.  10).  From  this  body  were 
usually  chosen  the  travelling  companions 
(coTnites)  of  Caesar,  to  whom  fixed  allowances 
were  given  (Suet.  JV6.  46),  and  also  the  trusted 
advisers  with  whom  Caesar  took  counsel  (Suet. 
TA.  53,  TU.  7).  Val.  Max.  ix.  15  uses  the  phrase 
**  cohors  Augusta : "  the  office  a  cura  amioomm 
existed  as  early  as  A.D.  51  (Orelli,  1588).  In  the 
second  century  the  term  amid  denoted  broadly 


490 


PBINCEPS 


PR1KCEP8 


the  regular  frequenters  of  the  imperial  court,  and 
more  speciallj  the  innermost  circle  of  these, 
whether  chosen  confidants  or  high  dignitaries 
whom  the  emperor  honoured  with  this  title.  A 
more  definitely  official  position  was  acquired  hy 
the  comites.  These  ^companions"  were  care- 
fully selected  for  each  expedition ;  distinct 
quarters  were  assigned  them  in  the  camp,  and 
in  rank  they  stood  above  the  proTincial  gover- 
nors To  have  been  selected  as  a  comes  was  an 
honour  duly  recorded  on  inscriptions  along  with 
the  legitimate  honores,  such  as  the  consulship. 
Finally  not  only  Caesar  himself,  but  other 
members  of  his  family  had  also  their  circle  of 
** friends,"  and  their  retinue  of  chosen  "com- 
panions." (See  for  a  full  discussion  of  the 
question,  Friedlaender,  Sittengeschichiey  i.  118 
9qq,\  Mommsen,  Hermes,  iv.  120  sqq,)  The 
oomUes  of  post-Diocletian  times  no  doubt  differed 
widely  in  position  from  thoee  of  the  second  and 
third  centuries ;  bat  the  fact  that  high  state 
officers  bore  this  as  their  distinctive  title  signifi- 
cantly marked  the  complete  identification  of  the 
service  of  the  state  with  the  personal  service  of 
Caesar. 

The  monarchical  tendency  shown'in  the  eleva- 
tion of  Caesar's  family,  friends,  and  companions 
from  a  private  to  a  public  and  quasi-official 
poeition,  reappears  in  the  similar  promotion 
which  awaited  both  his  household  servants  and 
hb  subordinate  agents.  The  household  service 
of  Caesar  was,  like  that  of  private  persons, 
limited  at  first  to  slaves  and  freedmen.  But 
even  under  the  early  emperors,  and  especially 
under  Claudius,  some  at  least  of  the  household 
offices  rose,  as  regards  the  extent  and  importance 
of  the  duties  connected  with  them,  to  the  level 
of  the  highest  magistracies  of  state  (e.g.  the 
liberti  a  rationibuSf  a  iibellis,  a6  epistulis:  see 
FriedL  Sittengesch,  i.  160 ;  Hirschfeld,  Vericalt,' 
gesch.  30).  In  the  second  century  the  freedmen 
are  replaced  in  the  principal  of  these  ministeria 
prindpatus  by  free-bom  Roman  knights  [Pbo- 
curator]  ;  while  among  those  which  still  con- 
tinued to  be  filled  by  <<  Uberti,"  one  at  least,  the 
post  of  chamberlain,  acquired  an  importance, 
savouring  strongly  of  Eastei-n  monarchies ;  and 
which  grew,  as  Oriental  fashions  gained  a  greater 
hold,  till  it  reached  its  highest  point  in  the 
*'  praepositus  sacri  cubiculi "  of  the  later  Empire 
[PBAEP08ITD8].  (Friedl.  i.  99  sqq,)  But  no 
change  did  so  much  at  once  to  consolidate 
Caesar's  power,  and  to  invest  his  rule  with  a 
genuinely  monarchical  character,  as  the  gradual 
organisation  and  diffusion  throughout  the  Empire 
of  a  strictly  imperial  service,  (Ustinct  from  that 
of  the  state,  and  which  finally  ousted  the  latter 
from  all  but  an  insignificant  share  in  the  admi- 
nistration of  the  Empire.  The  history  of  the 
growth  of  this  new  official  hierarchy  has  been 
traced  elsewhere.  (PBOCURAToa :  see  also 
Hirschfeld,  Venoalt^gesch.  passim,  esp.  pp.  240 
sqq. ;  Liebenam,  Die  Zau/bahn  d,  Procuraturm^ 
Jena,  1386.)  But  the  fact  must  be  noted  here 
that  by  the  close  of  the  second  century  we 
find  spread  over  Rome,  Italy,  and  the  provinces 
an  army  of  officials,  who  are  in  the  strictest 
sense  the  servants  only  of  Caesar.  From  this 
service  senators  were  excluded :  its  members, 
except  in  the  lowest  ranks,  were  "  equites  Ro- 
mani."  There  was  a  regular  system  of  promotion 
upwards  from  the  less  important  proGuraticmes 


to  the  procuratorship  a  mtumSnu^  and  finally  to 
the  coveted  prefectures  of  Egypt  or  the  prae- 
torian guard ;  and  throughout  promotion  came 
from  Caesar  alone.  This  theoretically  private 
service  constituted  the  really  effective  part  of 
the  machinery  of  government.  It  attracted  the 
ablest  men ;  and  even  emperors,  at  for  instance 
Pertinax,  rose  from  its  ranks  ( ViU  Pertin,  1,  2). 

It  only  remains  to  notice  how  even  the  out- 
ward attributes  and  accessories  of   monarchy 
were  gradually  assumed.    The  designation  of 
the  early  emperors  adhered  tolerably  closely  to 
republican  usage,  except  that  the  gentile  nomen 
was  dropped  by  Augustus,  Tiberius,  and  Gains. 
But  from   the  Flavian  emperors  onwards  the 
case  was  otherwise.   On  the  one  hand  the  personal 
majesty  of  Caesar  was  magnified  by  the  gradual 
multiplication  of  high-sounding  cognomina ;  and 
on  the  other  there  was  an  evident  attempt  to 
disguise  the  real  nature  of  the  principate  uid  to 
give  it  the  appearance  of  a  permanent  office, 
handed  on  in  legitimate  succession  from  one 
holder  to  another,  partly  by  the  convcision  of 
originally  proper  names  into  official  titles  (ejg. 
Caesar,   Pius),  partly  by  the  recitation  of  a 
fictitious  descent  through  several  generations 
Under  the  Flavian  emperors  *'Imperator  Caesar" 
took  the  first  place,  and  the  only  official  cog- 
nomen was  that  of  Augustus.     Trajan  set  the 
precedent  of  assuming  cognomina  commemora- 
tive  of  his  victories;   ''Pius,"    originally  the 
proper  cognomen  of  Antoninus,  was  subsequently 
adopted  as  part  of  the  permanent  titnlature. 
^  Felix  "  was  added  by  Commodus.     *^  Inrictas  " 
first  appears  under  Septimius  Severna.     By  the 
middle  of  the  third  century  the  regular  form  was 
''Imperator  Caesar — ^Pins  Felix  Invictos  Ao- 
gustus."    **  Semper  Augustus  "  is  found  on  sa 
inscription  of  Claudius  Gothicus,  and  towards 
the  dose  of  the  third  century  **  dominnanoster  " 
frequently  preceded  *^  Imperator  Caesar ; "  while 
the  addition  of  complimentary  epithets,  such  as 
''pacificator    orbis,"    "restitutor   orbis,"   &c.f 
became    more    common.      The    recitation    of 
descent  from  preceding  emperors  began  with 
Trajan,  the  adopted  son  of  Nerva,  and  had  s 
basis  in  the  fact  of  adoption,  in  the  case  of  the 
Antonine   Emperors.      It  was   continaed  as  a 
useful  fiction  by  Septimius  Severus  and  Can- 
calla.     [With  the  simple  "Imperator  Csesar 
divi  filius  Augustus,"  compare  the  lengthy  titles 
of  Caracalla  (Wilmanns,  994) :    "  Imp.  Csessr 
(M.  Aurelius    Severus   Antoninus)   pins   felix 
Augustus  Parthicus  maximus,  Britannicus  mail* 
mus,  Germanicus   maximus  .  .  .  divi    Septuni 
Severi  ,  .  .  filius  divi  M.  Antonini  nepos  divi 
Antonini   Pii  pronepos  divi  Hadriani   abnepos 
divi  Trajani  et  divi  Nervae  adnepoa  doniism 
noster  invictissimus  Augustus."]     In  the  list 
of  honores  the  only  change  of  importance  was 
the  significant    insertion,  dating  from   Septi- 
mius Severus,  of  the  title  "  proconsult"  which 
occurs  occasionally  in  inscriptions  of  Trajso, 
Hadrian,    and     Marcus    Aurelius    (Mommsen, 
Stcuxtsr.  il.  736,  notes):  Diocletian  first  used  it 
on  coins :  it  emphasised  the  extraordinary  dis- 
meter  of  Caesar's  imperium  as  distinct  from 
that  of  the  regular  magistrates,  and,  as  used  in 
Italy,  implied  that   tUs  imperium  was  psia- 
mount  there,  as  in  the  provinces. 

The  language  used  in  addressing  the  emperor, 
or  in  speaking   of  him,  departed  even  more 


PBINCEPS 


FBOAGOGEIAS  GBAPHE      491 


TaiMdly  and  widely  from  republican  practice. 
The  use  of  the  term  '*  dominns  "  as  a  mode  of 
address,  against  which  Augustas  and  Tiberius 
protested,  was  rapidly  becoming  common  in  the 
time  of  the  younger  Pliny.  It  first  found  its 
way  into  official  documents  under  Sererus,  and 
its  nse  was  definitely  sanctioned  by  Aurelian 
(Monunsen,  Staaisr,  ii.  721,  722).  By  Greek 
writers  and  on  Greek  inscriptions  the  emperor 
is  not  on&equently  styled  ^ao'iXc^r,  as  early  as 
the  commencement  of  the  second  century.  The 
Graeeo-Oriental  training  of  Ulpian  and  a  century 
later  of  the  Scriptores  Hist.  Augustae  intro- 
duced such  epithets  as  ''regia,"  **  regale  "  (im- 
perinm)  into  Latin  literature  (Mommsen,  •&. 
724,  note  3).  The  influence  of  Caesar-worship 
is  seen  in  the  phraseology  eren  of  the  time  of 
the  Antonines.  Trajan  is  described  as  *'  sacra- 
tissimtts  princeps"  (Wilm.  693).  Rescripts 
of  Antoninus  Pius  are  *'  caelcstes  literae " 
(Wilm.  693).  Somewhat  later  we  find  *^  indul- 
gentia  sacra"  (cf.  Severus  Alexander,  C  L  X. 
T.  1837),  •'anctoritas  sacra"  (Wilm.  100, 
^0.  244>  ''appellationeM  sacrae"  (Wilm.  1220, 
▲.D.  253).  But  not  until  the  time  of  Aurelian 
waa  the  emperor  directly  and  officially  styled 
**  deos  "*  (**  dens  et  dominus  "  on  coins :  Eckhel, 
Til.  482  ;  Mommsen,  Staatsr.  ii.  720,  and  note). 

Eren  in  the  ceremonial  and  general  arrange- 
ments of  the  conrt  the  emperors  at  least  of  the 
third  century  approached  very  nearly  to  the 
semi-Oriental  state  of  the  age  of  Constantino. 
While  the  households  of  the  earlier  emperors 
difTered  from  those  of  great  Roman  nobles  mainly 
by  their  greater  numbers  and  magnificence,  and 
the  best  emperors  at  any  rate  eschewed  the 
elaborate  ceremonial  with  which  Eastern  mon- 
archs  fenced  round  their  persons,  the  courts  of 
Cancalla,  of  Elagabajlus,  and  eyen  of  Seyerus 
Alexander  are  genuinely  Oriental  in  character. 
We  hare  already  the  host  of  court  officials, 
chamberlains,  cup-bearers,  keepers  of  the  im- 
perial robes,  &c.,  the  jealously  guarded  royal 
chamber,  with  its  hanging  curtains  and  atten- 
dant guards,  and  eren  the  prostration  of  the 
subject  before  his  royal  master.  (Elagabalus 
suffered  himself  '*adorari  regum  more  Persa- 
nunt'*  ^*^*  '^*  •^^^-  18.  It  is  mentioned  as  a 
proof  of  Sererus  Alexander's  moderation  that  he 
allowed  himself  to  be  saluted  '*  quasi  unus  e 
aenatoribus  patente  veh  admisskmalibus  retnoti^,*' 
ib.  4.  He  also  limited  the  extraragance  of  the 
imperial  establbhment,  ib,  41 :  cf.  generally 
Friedlaender,  i.  chap.  .11,  and  the  Appendix, 
pp.  177  ff.) 

The  dress  and  insignia  of  the  emperors  of  the 
first  two  centuries  are  all  of  republican  origin, 
and  only  became  distinctive  in  so  far  as  the 
emperor  was  exempted  in  the  use  of  them  from 
the  restrictions  which  bound  the  regular  magi- 
strate»  or  as  their  use  was  reserved  for  him 
alone.  The  consular  chair  and  lictors  were 
granted  to  Augustus  in  B.C.  23.  The  right  to 
wear  the  ordinary  magisterial  toga  was  probably 
conferred  at  the  same  time,  and  down  to  the 
close  of  the  second  century  this  was  the  res;nlar 
dress  of  the  emperor  when  in  Rome  or  Italy. 
(ViL  Hadr.  22.  In  this  point,  as  in  others, 
Serema  Alexander  returned  to  the  practice  of 
earlier  times:  Vit.  Set.  Aiex.  40.)  On  the 
other  hand,  the  triumphal  robes  which  Augustus 
was  authorised  to  wear  in  Rome  on  special 


occasions  (Dio  Cass.  liii.  26)  became,  with  the 
right  of  celebrating  a  triumph,  the  monopoly  of 
Caesar,  and  were  commonly  worn  by  later 
emperors  at  public  festivals  and  games  in  the 
capital.  Domitian  wore  them  in  the  senate 
(jAo  Cass.  Ixvii.  4).  The  purple  pcUuitsmentum 
belonged  from  the  first  to  Caesar,  in  virtue  of 
his  exclusive  and  supreme  military  authority; 
and  this  '* imperial  purple"  was  in  the  first 
century  distinctive  of  the  emperor.  In  the 
third  century  it  was  frequently  worn,  even  in 
Rome  and  Italy,  and  its  assumption  was  the  re- 
cognised symbol  of  accession  to  the  prindpate 
rHerodian,  ii.  8 ;  Eutrop.  9,  26 ;  Mommsen, 
StacUsr,  i.  349).  The  laurel  wreath,  of  the 
otr  trkunphaliSf  was  possibly  from  the  first 
reserved,  like  the  triumphal  robe,  for  Caesar 
alone;  and  only  he  had  the  right  to  wear  in 
Rome  and  Italy  the  sword  and  dagger  of  military 
authority.  But  not  until  the  close  of  the  third 
century  did  the  Roman  Caesar  openly  copy 
in  his  dress  the  fashions  of  Eastern  monarchs. 
The  corona  radiatcu,  occasionally  found  at  an 
earlier  period,  regularly  appears  on  coins  after 
the  time  of  Aemilianus  (a.d.  249).  The  more 
distinctively  Oriental  diadem  was,  according  to 
Victor  {Epit,  35),  first  worn  by  Aurelian 
[Diadema].  Mommsen,  however,  Siaatsr,  i.  345, 
rejects  the  statement :  Caligula,  the  Elagabalus 
of  the  first  century,  is  credited  with  a  premature 
attempt  to  introduce  both  the  ctfrona  radiata 
and  the  diadem  (Suet.  Co/.  22).  Gallienus 
anticipated  the  Eastern  splendour  of  the  Byzan- 
tine emperors,  by  appearing  in  Rome  with  a 
barbaric  display  of  gold  and  precious  stones 
(Ftt.  Gall,  16,  ''gemmatis  fibulis  aureisque, 
tnnicam  auratam,  caligas  gemmeas  **)y  and  much 
the  same  is  said  of  Aurelian  (Victor,  Epit  35). 
By  Eutropius,  however  (ix.  26),  the  introduction 
of  these  unrepublican  and  un- Roman  novelties  is 
ascribed  to  Diocletian :  ^  Omamenta  gemmarum 
vestibus,  calceamentique  indidit,  nam  prius 
imperii  insigne  in  chlamyde  purpurea  tantum 
erat."  [H.  P.] 

PBINCEPS  JUVENTU'TIS.    [EQurrEg.] 
PBINCEPS  8ENATUS.    [Senatus^ 
PBINCIPA'LIS  POBTA.    [Castea,  VoL 
I.  p.  372.] 
PBrNCIPES.    [ExBECiTUS,  Vol.  I.  p.  784.] 
PBINCI'PIA.    [ExERcrrus,  Vol.  I.  p.  784.1 
PBIVILB'GIUM.    [Lex,  Vol.  IL  p.  33  a.] 
PBOAGOGEIAS  GBAPHE  (wpiHrr^^ias 
7pa^4),  a  prosecution  against  those  persons  who 
performed  the  degrading  office  of  pimps  or  pro- 
curers (wpoaymyoii  cf.  Plat.  TheaeL  p.  150  A). 
By  the  law  in    Aeschin.  c.  Tim,  the  heaviest 
punishment  (rk  fA^yttrra  iinrlfua,  §  14),  viz. 
death  (§  184),  was  inflicted  on  such  a  person  (idy 
ris  4\9v$€po¥  voiS*  fj  ywaiKa  vpooyaryc^).   Ac- 
cording to  Plutarch  (^Sol,  23),  Solon  imposed  a 
penalty  of  twenty  drachmas  for  the  same  ofienoe. 
To  reconcile  this  statement  with  that  of  Aeschines, 
Platner  {Proc.  u,  Klag.  ii.  p.  216)  supposed  that 
the  law  mentioned  by  Plutarch  applied  only  to 
prostitutes.    This  is  very  unlikely ;  more  pro- 
bably the   punishment  wns  at  a  later  period 
made  more  severe,  as  in  the  Stmi  fitalwy  (Pint. 
Sol,  25,  a  hundred  drachmas ;  but  Lys.  de  coed. 
Erat,  §  32,  StvX^K  r^r  fixd0n»  6^l\9tp;    cf. 
Dem.  c.  Mid,  p.  528,  §  44).    A  prosecution  of 
Patrocles  M  wpoteyvy^itf,  by  Hvporides  is  men- 
tioned in  Pollux,  viii.  27 ;  cf.  Hyp.  ed.   Blass,* 


492 


PBOBOLE 


PBOBOLE 


fr,  141-8.  The  charge  brought  aniiut  Aspasia 
by  Hermippns  in  his  prosecation  for  iur40€ia,  of 
getting  freebom  women  into  her  house  for  the 
use  of  Pericles,  was  wpoaymy^la  (Plut.  Per.  32  : 
cf.  Aristoph.  Acham,  527),  and  probably  also 
that  against  Euthymachus,  who  was  put  to 
death  for  taking  an  Olynthian  girl  to  a  brothel 
(Din.  c.  Dem,  $  23).  {Att.  Prwiess,  ed.  Lipsius, 
p.  410  f.)  For  the  low  state  of  morality  amongst 
the  Byzantines,  cf.  Aelian,  F.  IT.  iii.  14,  and 
Athenaeus,  x.  p.  442  c.        [a  R.  K.]    [H.  H.] 

PBO'BOLE  (wpofioX4i)j  an  accusation  of  a 
criminal  nature,  preferred  before  the  people  of 
Athens  in  assembly,  with  a  Tiew  to  obtaining 
their  sanction  for  bringing  the  charge  before  a 
judicial  tribunal.  It  may  be  compuwl  in  this 
one  respect  (viz.  that  it  was  a  preliminary  step 
to  a  more  formal  trial)  with  our  application  for 
a  criminal  information;  though,  in  regard  to 
the  object  and  mode  of  proceeding,  there  is  not 
much  resemblance.  The  wpofioKif  was  reserred 
for  those  cases  where  the  public  had  sustained 
an  injury,  or  where,  from  the  station,  power  or 
influence  of  the  delinquent,  the  prosecutor  might 
deem  it  hazardous  to  proceed  in  the  ordinary 
way,  without  being  authorised  by  a  vote  of  the 
sovereign  assembly.  In  this  point,  it  diflfered 
from  the  ^InryytAia,  that  in  the  latter  the 
people  were  called  upon  either  to  pronounce 
final  judgment  or  to  direct  some  peculiar  method 
of  trial;  whereas  in  the  vpo/SoX^,  after  the 
judgment  of  the  assembly,  the  parties  proceeded 
to  the  trial  in  the  usual  manner.  The  court 
before  whom  they  appeared,  however  influenced 
they  might  be  by  the  praejudicium  of  the  people, 
were  under  no  legal  compulsion  to  abide  by 
their  decision ;  for  the  view  of  Libanius  (argum. 
Dem.  c.  Mid.  p.  509),  whom  Baice  (8chol. 
Hypomn,  iii.  p.  43  ff.)  and  in  a  modified  form 
Hermann  (Quoest,  de  prob.  p.  8ff.)  follow,  viz. 
that  the  court  merely  fixed  the  penalty  (wcpl 
^oti/u40'«cm),  is  proved  to  be  erroneous  by  pas- 
sages like  Dem.  c.  Mid.  p.  546,  §  97,  p.  578, 
§  199,  p.  580,  §  204  ff.,  which  speak  of  the  pos- 
sibility of  an  acquittal ;  and  by  p.  562,  $  151, 
which  distinguishes  the  two  votes  of  the  court 
(Karw^^CtoBcu  and  rifiay).  The  complainant 
was  not  bound  to  follow  up  the  judgment  of  the 
popular  assembly  by  proceeding  to  trial ;  this 
is  evident  from  Aeschin.  c.  Ctes.  §  52 :  on  the 
other  hand,  it  seems  doubtful,  though  Platner  is 
of  a  different  opinion  {Proc.  u,  Klag.  i.  p.  382), 
whether,  if  the  people  refused  to  give  judgment 
in  favour  of  the  complainant,  he  might  still 
proceed  against  his  adversary  by  a  ypai^  or  a 
private  action,  according  to  the  nature  of  the 
case. 

The  cases  to  which  the  vpofioK^  was  applied 
were  complaints  against  magistrates  for  official 
misconduct  or  other  wrong-doings  (Harpocr.  s.  v. 
iraTax«poToWa;  Bekk.  Anecd.  p.  268,  27 ff.); 
against  those  public  informers  and  mischief- 
makers  who  were  called  o'vico^drroi  (Isocr.  de 
Permut.  §  314 ;  Aeschin.  F.  L.  §  145,  and  Schol. 
adl.c.\  Pollux,  viii.  46),  and  against  those  who 
outraged  public  decency  at  certain  religious 
festivals.  This  probably  does  not  exhaust  the 
list  of  cases  in  which  the  vpo/SoX^  might  be 
resorted  to ;  however,  the  beginning  of  Pollux's 
(viii.  46)  paragraph,  wm/BoX^  4i  kX^ii  cif  Zitcnv 
Kvnk  r&¥  KwSpwt  vpdt  r^v  9^fAw  hioK^tfiiytnt^ 
cannot  be  taken  to  mean  that  disaffection  to  the 


state  was  one  of  the  cases,  as  the  following  words 
show,  wpo/SoXal  hk  ytyrovrat,  etc.,  and  Lex. 
WiH.  Omtabr.  p.  676,  24  f.,  nork  rw  rh,  9fiM^*a, 
fidroKKa  ivopvrT6vTmiff  etc.,  refers  to  ^d^is 
(Meier  ad  L  c). 

With  respect  to  magistrates,  Schomann  (de 
Omit.  p.  231  f.)  thinks  that  the  vp^/BoXol  could 
only  be  brought  against  them  at  those  #vtx«- 
poTovitu  which  were  held  at  the  first  jcvpfa 
^jcjcXiio'Ca  in  every  prytany,  when  the  people 
inquired  into  the  conduct  of  magistrates,  with  a 
view  to  continuing  them  in  office  or  depoatng 
them,  according  to  their  deserts.  An  example 
of  magistrates  being  so  deposed  occurs  in  QDem.] 
c.  Iheocr.  p.  1330,  §  27  f .  The  people  (says 
SchOmann)  could  not  proceed  to  the  hetx^^or^- 
vla  except  on  the  complaint  (t/m/SoX^)  of  aome 
individual ;  the  deposed  magistrate  waa  after- 
wards brought  to  trial,  if  the  accuser  thought 
proper  to  prosecute  the  matter  further.  Platner 
(/.  c.  p.  385)  objects  to  limiting  the  wpo^oX^ 
against  magistrates  to  these  particular  oocaaions. 
It  seems  more  probable,  however,  that  this  kind 
of  wpo/SoX^  against  magistrates  never  existed 
at  all,  there  ^ing  no  need  for  it  by  the  side  of 
the  iwix^tpoTovioL,  and  the  grammarians  who 
mention  it  in  all  probability  use  the  term 
inaccurately. 

An  example  of  a  wpo/SoX^  against  sycophants 
is  that  which  the  people,  discovering  too  late 
their  error  in  putting  to  death  the  generals  who 
gained  the  battle  of  Arginusae,  directed  to  be 
brought  against  their  accusers  (Xen.  HM.  i.  7, 
f  34 ;  cf.  Fr&nkel,  AU.  Get^worenger.  p.  88). 
Another  occurs  in  Lys.  c  Agar.  §  65,  where  the 
words  icol  i¥  r^  ^^/im  koI  ir  ry  itmt^rrtpC^ 
mmo^KurrUu  drrov  icarryysrrc  describe  the  course 
of  proceeding  in  this  method  of  prosecution. 

But  the  wpo/SoX^   which   has  become  most 
celebrated,  owing  to  the  speech  of  Demosthenes 
against  Meidias,  is  that  which  was    brought 
against  persons  who  had  been  guilty  at  certain 
festivals  of  such  an  offence  as  would  fall  within 
the  description  of  ASuctir  srcpl  r^w  ioprHiw  (p.  514, 
§  1,  less  technicallr  ^c/lc«r,  p.  578,  §  199; 
p.  587,  §  227  ;  and  Schol.  Aeschin.  F.  L,  §  145 : 
cf.  the  instances  in  Dem.  c.  Mid.  p.  571,  §  175  ff. : 
p.   584,  §  218).     The  «^/3oXa2  were  enjoined 
against  such  persons  by  special  laws :  thus  the 
vifMt  wcpl  rmv  Atowwrimi^  was  not  yet  in  force  at 
the    time  when  Alcibiades  acted  as   choregus 
(p.  562,  §  147),  and  the  same  enactment  was  later 
on  extended  to  the  Mysteries  (p.  571,  §  175X  and 
probably  to  other  festivals.     (Pollux   savs  in 
general,  wtp\  rAr  i^v0pt<rd>^t0r  ff  krtfiniaijnw 
mp\  rks  kooris.)    The  law  inserted  in  p.  517, 
§  10,  which   Foucart  (fiWr  r Authenticity  de  la 
Lot  ^EvegoroBj  Bemu  de  PhUol.  1877)  defends 
as  genuine  against  Westermann's  (de  litit  inttrwn. 
qtute  extant   m   Dem,  or,  m  Mid.)  criticisms, 
enumerates  rk  Aior^<na  4r  Ilci^aic^  rk  AhtnuM, 
rk  Ator6irm  4v  (i<rrc<  and  t&  OopT^Xio,  thus  omit- 
ting the  Anthesteria  from,  and  mixing  up  the 
Thargelia  with,  the  w6ijms  wcpl  rw  At^rvalmv 
(cf.  Philippi,  Adnot.  ad  leg.  form,  qwte  ca  Dem. 
Mid.  extant).    A  riot  or  disturbance  during  the 
ceremony,  an  assault,  or  other  gross  insult  or 
outrage,  committed  upon  any  of  the  performers 
or  spectators  of  the  games,  whether  citizen  or 
foreigner,  and  even  upon  a  slave,  much  more 
upon  a  magistrate  or  officer  engaged  in  super- 
intending the  performance ;  an  attempt  to  im- 


PROBOULEUHA 

prison  by  legal  proceM,  and  eren  a  levying  of 
execntion  upon  the  goods  of  a  debtor,  during  the 
continuance  of  the  festlral,  was  held  to  be  a 
profanation  of  its  sanctity,  juid  to  subject  the 
offender  to  the  penalties  of  these  statutes. 

The  complaint  was  made  (wpofidW^ffBai 
TimX  probably  in  writing,  to  the  Proedri,  who 
bad  to  bring  forward  the  charge  as  soon  as  pos- 
sible at  an  assembly  of  the  people  (that  of  mis- 
behavionr  at  the  Dionysia,  at  an  assembly  held 
in  the  theatre  of  Dionysus,  /itrii  r^  Ilcb^ia, 
Dem.  c  MitL  p.  517,  f  9  ;  C.  L  A.  it.  No.  554b; 
T^  I«Tflfa(f  r«»y  XlcvS/wr,  lex  in  Dem.  /.c  $  8 ; 
cf.  also  Aeschin.  F  L,%  61%  those  cases  excepted 
for  which  the  senate  was  empowered  to  impose 
a  fine  (Zvai  &»  piii  iitrtTifffAdpai  d^ty,  lex  I.  c). 
Both  parties  were  heard  (Dem.  c.  Mid.  p.  580, 
§  206),  and  then  the  people  proceeded  to  vote 
by  show  of  hands.  Those  who  roted  in  favour 
of  the  prosecution  were  said  iurrax«<poToirfiv: 
tbose  who  were  against  it  &voxciporovf  ly.  The 
people  hnving  given  their  sentence  for  the  pro- 
secution, the  complainant  might  either  drop  the 
prosecution,  if  content  with  having  gaiD^  his 
point  before  the  popular  assembly,  or  bring  the 
case  into  the  court  of  Heliaea.  In  certain  cases 
of  a  serious  nature  the  defendant  might  be 
required  to  give  bail  for  hU  appearance,  or  (in 
default  thereoQ  go  to  prison  (Xen.  Mdl,  i.  7, 
34).  The  persons  on  whom  the  i^/ioy(a  Suca- 
vriipimt  devolved  were,  according  to  Pollux 
(riii.  87),  the  Thesmothetae :  that  this  informa- 
tion is  correct  is  evident  from  Dem.  c.  Mid, 
p.  524^  §  32  (rw  B9fffta9tTAy  roirwp).  The 
dicasta  had  to  pronounce  their  verdict  on  the 
guilt  of  the  party,  and,  after  this,  probably  the 
complainant  proposed  a  penalty  (death  or  a 
fine),  which  they  had  to  assess.  The  trial, 
it  seems,  was  attended  with  no  risk  to  the 
prosecutor,  who  was  considered  to  proceed 
under  the  authority  of  the  popular  decree. 
{Att,  Process^  ed.  Lipsius,  pp.  335-344 ;  p.  229, 
n.  81.)  [C.  R,  K.]    [H.  H.] 

PBOBOULEUMA  (wpSi<»^fv/ia).  [Boule, 
Vol.  L  p.  3116.) 

PBOBOUO  (wp6fioukoiy,  a  name  applicable 
to  any  persons  who  are  appointed  to  consult  or 
take  measures  for  the  benefit  of  the  people. 
Thus,  the  delegates  who  were  sent  by  the  twelve 
Ionian  cities  to  attend  the  Panionian  council, 
and  deliberate  on  the  affairs  of  the  confederacy, 
were  called  vp^/SovXoi  (Herod,  vi.  7).  So  were 
the  deputies  sent  by  the  several  Greek  states  to 
attend  the  congress  at  the  Isthmus,  on  the  occa- 
sion of  the  second  Persian  invasion  (Herod,  vii. 
172);  and  also  the  envoys  whom  the  Oreeks 
agreed  to  send  annually  to  Plataea  (Plut.  Arist, 
21).  The  word  is  also  used  to  denote  an  oligar- 
chical body,  which  in  oligarchies  performed  the 
functions  discha^^  by  the  fiovXif  in  democra- 
cies, being  a  sort  of  committee  for  initiating 
measures.  Where  it  co-existed  with  the  fiovxf^ 
it  was  established  as  a  check  upon  it  to  prevent 
more  democratic  tendencies.  (Arist.  Pol,  vi.  15, 
11  =  p.  1299;  vii.  8, 17  =  p.  1322.)  Such  was 
the  government  at  Corinth  after  the  fall  of  the 
Cypselids  (If  uHer,  Dr,  Hist,  Or.  iii.  394>  A 
body  of  men  called  wp^/SouXoi  were  appointed  at 
Athens,  after  the  end  of  the  Sicilian  war,  to  act 
as  a  committee  of  public  safety  (Thuc.  riii.  1 ; 
Aristoph.  Lytist,  467;  Lys.  c.  Erat.  §  65). 
Thocydides  calls  them  k^ipf  riwa  wpterfivT4pwy 


PROCJONSUL 


493 


Mp&pf  otrwts  w€fA  rmtf  wap6irr«o¥  As  hv  jcaip^r  f 
irpofhvXt^own,  They  were  ten  in  number 
(Suidas,  s.  o.  Hp^/SovXai).  Whether  their  ap- 
pointment arose  out  of  any  concerted  plan  for 
overturning  the  Constitution,  is  doubtful.  The 
ostensible  object  at  least  was  different ;  and  the 
measures  which  they  took  for  defending  their 
country  and  prosecuting  the  war  appear  to  have 
been  prudent  and  vigorous ;  it  is  clear,  however, 
from  the  words  of  Lysias,  that  their  appoint- 
ment was  regarded  by  him  as  tending  to  oli- 
gnrchy.  Their  authority  did  not  lut  much 
longer  than  a  year ;  for  a  year  and  a  half  after- 
wards Pisander  and  his  colleagues  established 
the  council  of  Four  Hundred,  by  which  the 
democracy  was  overthrown.  (Thucyd.  viii.  67  ; 
Wachsmuth,  vol.  i.  pt.  2,  p.  197.)  There  is 
no  sufficient  ground  for  the  conjecture  that 
the  ^vyypcu^s  atrroicpdropts  were  the  same 
persons  as  the  wp60avKot,  (See  Qrote,  ffist. 
of  Greeccy  viii.  46;  Gilbert,  Staataalt  ii.  90, 
315.)  [C.  R.K.]    [G.  E.M.] 

PBOGHEIBOTO'NIA  (wpox^iparowla}. 
[BouLE,  Vol.  I.  p.  312.] 

PBO'CHOUS  {wp&xovs),    [Urceus.] 

PBOGLE'SIS  (wpSicXiftru).  [Diaetetae, 
Vol.  I,  p.  622.] 

PBOCOKSUL.  The  office  of  proconsul  was 
one  resting  on  the  theory  of  delegated  authority. 
Delegation  of  the  powers  exercised  by  the 
supreme  magistracy  of  Rome,  for  certain  specific 
purposes,  was  a  theory  always  recognised  by 
the  Roman  commonwealth ;  although,  after  the 
supreme  magistracy  had  been  limited,  such 
delegation  was  not  permitted  within  Rome 
itself,  the  imperium  domi  being  always  vested  in 
a  duly  elected  magistrate.  Without  the  walls, 
however,  this  principle  did  not  extend,  and 
consequently,  for  purposes  of  administration 
outside  Rome  itself,  the  full  consular  imperium, 
on  the  condition  that  it  did  not  extend  to 
administrative  duties  within  the  city,  might  for 
a  temporary  purpose  be  conferred  on  an  indi- 
vidual, who  was  then  said  to  act  in  the  consul's 
stead  {pro  consule).  But,  although  the  theory  of 
the  proconsulate  was  one  of  delegated  authority, 
iu  practice  this  delegation  usually  assumed  the 
form  of  a  prolongation  of  existing  command 
(prorogaUo},  Such  a  prolongation  was  really  a 
dispensation  from  the  existing  term  of  office 
recognised  by  the  constitution;  nnd,  although 
such  a  dispensation  was  not  permitted  within 
the  city  walls,  outside  the  walls  the  consul's 
imperium  might,  for  some  purpose,  be  regarded 
as  indefinitely  prolonged :  and  the  proconsulate 
was,  as  a  rule,  such  an  indefinite  prolongation 
of  a  pre-existing  consular  imperium  (prwvgare 
imperiwn)f  recognised  by  the  powers  of  the  state, 
and  extended,  as  regards  its  exercise,  to  the 
world  outside  the  Roman  pomerium  (Mommsen, 
Bist.  Pome,  i.  pp.  261,  326).  It  is  true  that 
the  earliest  instance  of  a  magistrate  with  the 
title  pro  console  shows  us,  not  a  prolongation, 
but  a  direct  delegation  of  office  by  its  possessor. 
It  is  applied  by  Livy  (iii.  4)  to  the  commander 
of  the  reserve  of  the  Roman  army  as  early  aa 
the  year  464  B.a ;  and  Dionysius  (iz.  12),  who 
calls  this  magistrate  itifTtrrpariiyiis,  says  that 
the  appomtment  was  in  the  hands  of  the  consuls 
for  the  year  (viii.  64).  This  is  probable  enough, 
but  Niebnhr  {Hist,  Jiome^  ii.  p.  123)  supposes 
that  the  title  pro  consule  as  applied  to  this 


494 


PROCONSUL 


PROCONSUL 


office  is  an  anachronism,  and  that  the  real  pro- 
consulate did  not  commence  until  many  yean 
later.  The  first  instance  of  the  proconsulate  as 
a  delegation  of  the  fall  consalar  powers  outside 
Rome  that  we  meet  with  was  effected  by  the 
prolongation  of  the  consular  imperium.  In 
327  B.C.  at  the  commencement  of  the  second 
Samnite  war  the  consul  Q.  Publllius  Philo  had 
his  imperium  prolonged,  in  order  that  he  might 
continue  the  conduct  of  the  war,  after  he  had 
ended  his  usual  term  of  office  (Liv.  viii.  23,  12). 
As  a  mere  recognition  of  imperium  existing  in 
his  person,  the  office  was  not  conferred  by  the 
usual  electire  oomitia,  but  by  the  really 
sorereign  body,  the  comitia  trSbuta  pMns  (loosely 
called  populua  by  Liry),  on  the  motion  of  the 
tribunes,  who  themselves  acted  on  the  advice  of 
the  senate.  This  was  the  usual  constitutional 
procedure,  originally  observed  in  the  prorogaiio : 
but  in  the  very  next  instance  of  the  proconsular 
command  that  we  meet  with,  that  of  the  consul 
L.  Fabius  Maximus  in  308  B.C.  (Liv.  ix.  42,  2), 
the  senate  alone  is  mentioned  as  giving  its 
sanction  to  the  prorogation  without  a  plebis- 
citum :  and  Mommsen  regards  this  as  having 
been  the  constitutional  practice  from  this  time 
forward  (Hist,  Romcy  i.  p.  326).  Subsequently 
to  this,  however,  when  the  proconsulate  was 
conferred  on  L.  Volumnius  in  296  B.C.,  the 
plebiscitum  and  the  senatusconsultnm  are  both 
mentioned  as  having  been  employed  for  the 
purpose  (Liv.  x.  22).  It  is  possible,  therefore, 
that  the  proconsulate  of  308  B.a  was  the  first 
in  which  the  senate  had  definitely  taken  the 
initiative,  and  that  the  plebiscitum  was  passed 
80  entirely  as  a  matter  of  course,  on  the  advice 
of  the  senate^  that  Livy  regards  the  case  as 
practically  a  prolongation  by  the  senate  alone. 
The  senate  was,  no  doubt,  constitutionally  the 
proper  body  for  taking  the  initiative  in  this 
matter,  as  in  all  matters  of  foreign  administnt' 
tion ;  but  during  the  second  Macedonian  war 
(197  B.C.)  we  find  a  tribune  interfering  with  the 
senate's  provisions,  insisting  that  a  new  consul 
should  not  be  sent  out,  and  getting  the  consul's 
imperinm  prolonged  (Liv.  xxxii.  28). 

A  proconsul  thus  appointed  had  only  the 
military  imperium,  which  was  incapable  of 
exercise,  and  therefore  of  recognition,  within 
the  city  walls.  But  for  a  Roman  commander 
to  triumph  he  must  be  invested  with  the  im- 
perium domi :  otherwise  he  has  no  legal  status 
as  a  magistrate  within  the  walls.  For  the 
consul  to  triumph,  during  his  year  of  office,  a 
simple  decree  of  the  senate  was  sufficient,  recog- 
nising his  full  possession  of  the  imperium  with 
which  he  was  already  invested.  But  the  pro- 
consul had  no  imperium  within  the  walls ; 
consequently,  for  him  to  triumph,  a  special 
decree  of  the  people  was  necessary,  conferring 
the  imperium  on  him  for  the  occasion.  The 
constitutional  procedure  in  this  case  was  for  the 
senate,  on  recognising  the  proconsul's  claim  to  a 
triumph,  to  ask  the  tribunes  of  the  people  to 
propose  the  matter  to  the  concilium  plebis,  and 
get  a  plebiscitum  sanctioning  the  arrangement 
(Liv.  xxvi.  21):  this  was  done  ex  attctoritate 
aenattu;  and  sometimes  the  senate  committed 
the  duty  of  making  the  request  of  the  tribune 
to  one  of  the  other  magistrates,  such  as  the 
praetor  (Liv.  xlv.  35). 

Previous  possession  of  the  consular  imperium, 


however,  was  not  necessary  to  qualify  a  man 
for  the  exercise  of  proconsular  powers.  In 
theory  it  was  a  delegated  authority;  and  al- 
though the  system  of  prorogtxtio  was  usually 
adopted  and  had  become  the  constitntioDsl 
manner  of  creating  a  proconsul,  it  did  not 
exclude  the  procedure  of  delegation.  When 
this  office  was  delegated  to  a  penon  who  did 
not  possess  the  imperium  at  all,  the  procedure 
was  one  of  election.  Thus,  in  the  first  known 
case  of  the  proconsnlare  imperium  being  vested 
in  a  person  who  had  exercised  no  prerions  im- 
perium, the  pro<^nsul  was  elected  in  the  Comitis 
Centuriata,  the  regular  comitia  for  consular 
elections.  P.  Cornelius  Scipio  w^as  created  pro- 
consul in  this  way,  in  211  B.C.  (Liv.  xxvi.  18); 
the  case  was  altogether  exceptional  (^extrsor- 
dinaria  cura  ^eligendum  esse,"  Liv.  #.),  con- 
stitutional precedent  was  set  aside,  and  a  definite 
election  to  the  proconsulship  was  made  by  the 
populus.  The  extraordinary  nature  of  the 
imperium  so  conferred  was  felt  especially  wheo 
a  triumph  was  to  be  decreed  to  a  proconsul 
elected  in  this  manner,  ''quia  neminem  ad  earn 
diem  triumphasse,  qui  sine  magistratn  re^ 
gessisset,  constabat "  (Liv.  xxviiL  38 :  cf.  xxxi. 
20).  These  difficulties  were  not,  however,  felt 
when  the  proconsulship  was  conferred  on  a  ms- 
gistrate  who  was  not  a  consul^  but  had  yet  exer- 
cised the  imperium  as  praetor,  of  which  there 
are  several  instances ;  among  them  that  of  31. 
Marcellus  in  216  B.a  (Liv.  xxiii.  30)  and  Ti. 
Claudius  in  177  B.C.  (Liv.  xli.  12).  At  a  later 
period  of  the  Republic  we  find  a  n^praetor,  in 
the  exercise  of  provincial  duties, nnV^ted  with 
the  title  of  Proconsul,  because  he  governed  a 
proconsular  province,  as  in  the  case  of  Q. 
Hetellus  Celer,  governor  of  Cisalpine  Gaul  in 
62  B.C.  (superscription  to  Cic.  ad  ram.  v.  1). 

Proconsular  appointments,  such  as  those  men- 
tioned above,  were  originally  created  only  for  s 
temporary  purpose,  such  as  the  necessity  of 
prolonged   command  in  war.      But  with  the 
creation  of  the  Roman  provinces  outside  Italy 
the  prolongation  of  proconsular  command  be- 
came a  definite  constitutional  necessity.    Special 
administrators  (^praetorea)  were   appointed  for 
the  first  four  transmarine  provinces  of  Borne: 
but  no  more  were  created  for  this  purpose ;  and, 
when  the  number  of  provinces  increased,  their 
administration  was  divided   between  the  four 
home  offices,  the  two  consuls  and  the  two  city 
praetors.    But  such  a  combination  of  home  snd 
foreign    functions    was    impossible   without  s 
regular  prolongation  of  their  imperium  for  the 
purpose  of  foreign  administration ;   and  so,  in 
the  interval  between  the  second  Punic  war  sod 
the  reforms  of  Sulla,  we  find  the  proconsulship 
becoming  an  annual  institution,  created  for  the 
purpose  of  administering  thoee  provinces  where 
the  largest  military  forces  were  required,  but 
with  no  definite  legal  rules  to  regulate  it,  either 
in  defining  the  length    of  its  tenure,  or  in 
establishing  any  complete  separation  between 
home  and  foreign  commands.    \nth  the  institu- 
tion of  the  proconsulate  as  a  regular  magistrscr^ 
the    right    of  the  senate  to   Confer  it  and  to 
assign  its  functions  became  unquestioned,  snd 
the    necessity    for    the  plebtKttnm  originsHy 
required  to  sanction  its  creation  had  entirely 
disappeared.    (For  the  arrangement  of  procon- 
sular provinces  and  for  proconsular  administra- 


PBOCOKSUL 


PROCONSUL 


495 


lion  within  the  proriaees,  see  Provincia.)  Bat 
there  had  always  been  a  formal  sanction  on  the 
part  of  the  whole  people,  required  for  the  con- 
ferring of  this  kind  of  imperiam,  which  still 
continued  in  force.  This  was  the  Lex  Cnriata, 
a  law  passed  in  the  assembly  of  the  curies: 
which  was  originally,  as  Cicero  believed,  in  the 
nature  of  a  row  of  allegiance  tendered  to  the 
**  magistratus  cum  imperio,"  when  entering  on 
their  office,  as  it  had  been  tendered  to  the  king 
(Cic  de  Bep,  ii.  13,  25);  it  was  thus  required 
fay  formal  law  as  a  recognition  of  the  imperium 
Tested  in  the  proconsul,  as  well  as  in  any  of  the 
other  magistrates  who  possessed  the  imperium 
<ac.  d$  LegeAgr.  ii.  11, 26 ;  ii.  12, 30 ;— Momm- 
sen,  StaatSrecktf  i.  pp.  51,  54,  55,  notes).  It 
has  been  aupposed  from  a  passage  in  Cicero's 
letters  (ad  Fool  i.  9,  25)  that  the  law  of  Sulla 
de  proviaciis  ordiiumdis  dispensed  with  the 
necessity  of  this  law  in  the  case  of  proconsular 
appointments  confirmed  by  the  senate.  The 
proconsular  proTinces  were  always  fixed  by  the 
senate  preriously  to  the  election  of  the  consuls 
who  were  to  fill  them  by  a  Lex  Sempronia  (C. 
Oracchi)  passed  in  123  B.a  (Cic.  de  Froo,  Cans. 
2,  3).  Sulla  confirmed  this  enactment;  and 
although  he  did  dispense  with  the  necessity  of 
a  Lex  Curiata  where  the  proconsular  prorinoes 
were  so  conferred,  he  did  not  do  away  with  its 
amstUutional  advisability  (**  legem  curiatam 
coQsnli  ferri  opus  esse,  necesse  non  esse,''  Cic. 
ad  Fam,  i.  9,  25).  As  the  formal  popular  re- 
cognition of  the  imperium,  it  still  continued 
down  to  the  end  of  the  Republic ;  although  its 
necessity  seems  to  hare  been  still  further 
diminished  by  the  senatusconsultum  of  52  B.C. 
(Dio  Casa.  xL  30  and  46),  by  which  a  proconsul 
was  not  assigned  a  province  until  five  years 
after  be  had  held  office  at  Rome  (Caes.  Bell, 
dv.  1,  6). 

The  proconsular  imperium,  since  it  was  exer- 
cised without  the  walls,  was  unlimited  by  any 
of  the  restrictions — such  as  the  rieht  of  appeal, 
the  veto,  and  even  the  definite  limit  of  time 
— that  were  imposed  on  it  within  Rome  itself. 
Oatside  the  walls  it  maintained  all  its  original 
regal  character  (Cic  de  ttep,  i.  40,  63 ;  de  Leg, 
iiL  3,  6)l  It  was  necessarily  limited  in  the 
proconsul'a  provincial  administration  by  the 
definite  rights  of  the  cMtaies  with  which  he 
came  into  contact  (Cic  ad  Att,  v.  11,  2 ;  Tac. 
Akl  ii.  53,  3).  But  in  the  field  it  was  un- 
limited, and  hence  the  extreme  severity  of  the 
old  martial  law,  from  which  there  was  no 
appeal  (Cic  de  Leg.  iii.  3, 6).  But  between  the 
time  of  the  Second  Punic  War  and  the  war 
with  Jugurtha,  a  considerable  mitigation  of  this 
martial  law  is  known  to  have  taken  place ;  the 
right  of  appeal  (jjrowoatio)  seems  to  have  been 
extended  to  Roman  citizens  on  service  (SalL 
Jug.  69):  and  it  is  not  improbable  that  this 
limitation  of  the  summary  military  jurisdiction 
of  the  proconsul  was  brought  about  by  the 
direct  extension  of  the  law  of  C.  Gracchus,  "  ne 
de  capite  dvis  Romani  injussu  populi  judicetur," 
to  Roman  citixens  on  military  service. 

After  the  creation  of  the  provinces,  the  dura- 
tion of  the  proconsulate  had  been  fixed  generally 
at  one  year,  for  the  purpose  of  provincial 
government :  and  so,  although  there  was  no 
definite  regulation  respecting  it  before  the  time 
of  Sulla,  the  usual  separation  of  command  had 


been  one  year  in  Rome  as  consul,  a  second  in 
the  provinces  as  proconsul.  Sulla  (in  81  B.C.) 
defined  this  arrangement  by  law  (Lex  Cornelia 
de  provinciis  ordinandis),  and  so  established  a 
complete  separation  betweeen  home  and  foreign 
commands.  Another  constitutional  rule  that 
had  settled  itself  was  that  a  provincial  governor 
should  retain  his  command  until  relieved  by 
his  successor ;  this  was  also  recognised  by  Sulla's 
law,  with  the  additional  enactment  that  he 
should  leave  his  province  within  thirty  days 
after  the  arrival  of  his  successor,  and  that  he 
should  retain  his  imperium  until  he  re-entered 
Rome  (Cic.  ad  Fam.  xii.  4, 2 ;  i.  9,  25).  Really, 
however,  at  this  time  Italy  itself  was  the 
boundary  of  a  proconsul's  exercise  of  his  im- 
perium, through  the  large  extension  of  the 
Roman  franchise.  Pompey,  coming  from  the 
East,  disbanded  his  army  as  soon  as  he  reached 
Italy,  and  Caesar's  crossing  the  Rubicon  with 
an  armed  force  was  practically  a  declaration 
of  war. 

The  duration  of  proconsular  government  was, 
after  Sulla,  annual  (Cic  ad  Fam.  ii.  7,  4) ;  this 
rule  continued  until  the  time  of  Caesar,  who 
fixed  the  tenure  of  consular  provinces  at  two 
years  (Cic.  FMi.  i.  8,  19;  B.C.  46).  Augustus 
restored  the  original  limit  of  one  year  (Tac. 
Ann.  iii.  58),  and  this  rule  remained  in  force. 
The  date  at  which  the  proconsul  entered  on  his 
office  during  the  Republic  is  uncertain :  Caesar's  • 
second  command  in  Gaul  began  on  March  1st  ^^ 
(Cic  de  Frov.  Cons.  15),  and  this  may  have  been 
theoretically  the  proper  date  for  a  proconsul  to . 
go  to  his  province,  l^ing  regarded  as  the  com-  ^ 
menoement  of  the  official  year,  "ilie  date  of 
the  actual  commencement  of  his  official  func- 
tions never  really  corresponded  to  this  date; 
but  depended  partly  on  the  time  at  which  he 
quitted  the  consular  office  at  home,  which  from 
the  year  153  B.C.  ended  with  Dec  3 1st,  partly  on 
the  time  at  which  he  chose  to  go  out  within  the 
year  after  his  consular  office  had  expired  (Cic. 
ad  Att.  V.  16, 4) ;  for  the  previous  governor  had 
to  retain  the  command,  or  delegate  it  to  an 
officer  within  the  province,  until  his  successor 
arrived  (Dig.  1,  16,  10;  Cic  ad  AH.  vi.  6,  4). 
Before  the  year  51  B.C.  the  two  consuls  never  , 
went  out  to  the  provinces  assigned  them  before  "^ 
their  election,  until  ten  months  after  their  ^ 
nominal  tenure  of  them.  For  instance,  in  the 
ordinary  course  of  things  the  proconsular  com- 
mand which  commenced  on  March  Ist,  49, 
would  be  assigned  to  the  consul  designate  for  49 
(elected  in  50) ;  he,  however,  could  not  actually 
011^  on  the  province  until  his  year  of  office  as 
consul  had  come  to  an  end,  that  is,  until  Jan.  48 : 
his  predecessor  meanwhile  holding  the  province 
until  his  arrival.  Hence  arose  Caesar's  dispute 
with  the  senate.  After  the  senatusconsultum 
of  52  B.C.  by  which  proconsular  governorships 
were  not  filled  up  until  five  years  after  the 
consulship  was  held,  a  proconsul  might  be  sent 
out  at  any  time :  Cicero's  government  of  Cilicia 
began  on  July  31st  (ad  Att.  v.  16,2);  and  from 
thu  power  of  filling  up  proconsular  governments 
at  the  earliest  date  at  which  they  were  legally 
vacant,  Caesar  would  have  had  to  resign  his  . 
province  before  March  1st,  ^9,  instead  of  before 
Jan.  Ist,  48  6.0.1  wliich  he  refused  to  do, 
appealing  to '  the  pre-existing  constitutional 
custom  (Caes.  Bell.  Civ.  1,  85 ;   Cic.  de  Frov. 


496 


PB0C0N8UL 


PROOURATOB 


Com.  15).  Under  the  Empire  the  date  varied 
from  time  to  time,  bat  there  was  a  fixed  date 
for  the  filling  up  of  such  commands.  Under 
Hberius  this  date  was  June  1st,  under  Claudius 
April  1st  (Dio  Cass.  Ivii.  14, 60, 11 ; — Mommsen, 
JJist.  Rom,  It.  p.  350 ;  StaaUreckt^  ii.  p.  255). 

With  the  Empire,  and  the  new  division  of  the 
provinces  into  senatorial  and  imperial  that  ac- 
companied it  [Pbovincia],  ther6  came  certain 
alterations  in  the  mode  of  appointment  and 
powers  of  the  proconsul.  The  regulation  as  to 
the  five  years'  interval  between  home  and 
foreign  commands,  originating  in  52  B.C.,  was 
enforced  by  Augustus  (Dio  Cass.  liii.  14),  but 
not  strictly  adhered  to.  Some  consulares  were 
set  aside  by  the  senate,  others  by  the  emperor 
(Tac.  Ann.  iii.  71;  ui.  32),  while  the  "jus 
liberorum"  gave  the  preference  to  some  over 
others  (Dio  Cass.  liii.  13,  2).  Proconsuls  were 
now  confined  to  the  senatorial  provinces,  and 
the  governors  of  these  provinces  had  the  title, 
even  though  they  may  only  have  been  praetors 
(Dio  Cass.  Uii.  13,  3).  This  title  carried  with 
it  in  one  respect  only  a  formal  prooontuiare 
imperium,  because  the  provinces  were  non- 
military,  but  within  the  province  they  had 
majus  imperium  over  everyone  except  the  prin- 
ceps.  The  two  great  senatorial  provinces,  Asia 
and  Africa,  were  always  given  to  consulares, 
and  hence  the  title  prooonsul  consularis;  the 
other  proconsuls  were  only  praetorii.  In  Africa, 
as  one  of  the  corn-supplying  provinces,  the 
senatorial  proconsul  had  a  legion,  sometimes 
two;  but  when  real  military  power  was  to  be 
conferred  on  him,  the  appointment,  instead  -of 
being  regulated  as  usual  by  allotment  among 
the  senior  consulares,  was  thrown  on  the  prin- 
ceps  (Tac.  Ann,  iii.  35,  74).  Each  senatorial 
proconsul  had  three  legati  pro  praetore,  nomi- 
nally chosen  by  himself,  but  approved  by  the 
emperor  (Dio  Cass.  liii.  14,  7) ;  he  had  a  salary 
from  the  treasury  (jKilariwn  proconsuhre,  Tac. 
Agr.  43, 3),  first  given  to  provincial  governors  by 
Augustus ;  he  was  attended  by  lictors,  and  had 
the  other  insignia  of  his  rank,  but  "did  not 
wear  the  sword  nor  the  military  dress  "  (Dio 
Cass.  liii.  13,  3),  to  show  that  his  command  was 
not  a  military  one,  and  in  deference  to  the  fall 
proconsular  imperium  vested  in  the  emperor, 
although  technically,  ais  the  possessor  of  the 
proconsular  imperium,  he  was  the  colleague  of 
the  emperor. 

Subordinate  command  is  incompatible  with 
the  idea  of  the  proconsular  imperium.  A 
praetor  may  have  this  imperium,  in  republican 
times,  as  in  the  cases  quoted  above,  or  in  im- 
perial times,  if  sent  to  govern  one  of  the 
minor  senatorial  provinces ;  but  never,  in  either 
case,  when  he  goes  as  a  subordinate  to  another 
official.  For  this  reason  the  consulares  who 
governed  the  imperial  provinces  were  never 
called  proconsuls,  but  legati  pro  praetore,  because 
their  command  was  not  an  independent  one. 
The  only  exception  to  this  rule  is  where,  for  a 
special  purpose,  a  proconsul  is  granted  imperium 
majus  over  other  proconsular  governors  (Cic. 
ad  Att.  iv.  I,  7 ;  Tac.  Ann.  ii.  43,  2).  Hence, 
under  the  Empire,  a  commander  gifted  with 
proconsular  imperium,  together  with  foil  power 
to  exercise  jt  in  a  military  capacity,  was  a 
coUeagae  of  the  emperor  (oollega  imperii),  and 
the  conferring  of  this  honour  was  one  of  the 


most  distinctive  modes  of  nominating  a 
to  the  principate.  The  proconsular  imperiam 
was  the  legitimised  basis  on  which  the  emperor'« 
position  as  commander  of  the  military  forces 
rested;  but  it  was  more  or  less  legitimate 
according  to  the  way  in  which  it  was  assumed. 
As  conferred  by  the  senate,  it  was  a  atrictlj 
constitutional  power :  it  was  so  conferred  on 
Tiberius,  and  on  his  colleagues  in  the  EmfAre, 
Oermanicus  and  Drusus  (Tac.  ^sii.  iL  43,  2  ; 
i.  14,  4),  and  Vitellius  also  dated  his  diet  imperii 
aocepti  from  the  date  at  which  the  toiiti  honores 
were  conferred  on  him  by  the  senate  (Henzen, 
Act.  Fr.  Arv.  p.  64).  As  conferred  by  the  legions, 
it  was  less  legitimate.  Vespasian,  for  instance, 
dated  his  dies  imperii  from  the  day  of  his  saluta- 
tion by  the  legions  as  Imperator  (Suet.  Ve^.  6), 
which  was  equivalent  to  a  recognition  of  his 
right  to  this  imperiam.  The  proconsular  im- 
perium of  the  emperor  was  uniquey  in  that  it 
did  not  lapse  from  the  fact  of  his  presence 
within  the  walls  (Dio  Cass.  liii.  17,  6;  32,  5). 
But  this  privilege  did  not  extend  to  his  col- 
leagues: Germanicus,  who  had  held  it  in  Ger- 
many, had  to  have  it  conferred  again  before 
going  to  the  East,  because  be  had  been  within 
the  city  walls  (Tac  Ann.  ii.  43,  2 ;  cf.  L  14^  4X 
and  Drusus  could  not  hold  it  while  he  wa& 
within  the  walls  as  consul  designate  {Ann.  i. 
14, 5).  (Mommsen,  BSmisches  StaaUredtt^  iL>  90, 
233,  238-246, 257 ;  ii.'  811  sq. ;  Die  BaohUfroife 
zwiachen  Caesar  und  dem  Senat.)        [A.  H.  G.] 

PBOGUBA'TOB.  The  term /rocwnatorsig^i. 
fies  agent,  and  is  used  to  denote  the  transactiom 
of  agency  of  almost  any  description.  It  was 
applied  chiefly  to  the  managing  agents  of  pro- 
perty at  Rome,  and  is  often  used  in  a  sense 
almost  equivalent  to  vUicus  or  cakutatcr  (Senec. 
Ep.  14,  16) ;  although  the  procurator  had  more 
freedom  of  action  than  the  former,  and  more  ex- 
tended functions  than  the  latter.  Whije  one  en- 
trasts  a  commission  to  a  procurator,  one  g^ves 
direct  commands  to  a  bailiff^  or  ffilieus  (Cic.  de 
Orat.  i.  58,  249).  It  is  used  especially  of  the 
managers  of  the  landed  property  of  a  dominus  or 
owner,  who  transacts  business  with  others^ 
manages  his  slaves,  and  directs  his  agricultural 
operations  through  a  procurator ;  such  an  agent 
had  the  management  and  control,  subject  to 
direction,  of  one  or  more  estates  (Plin.  JSp.  iii. 
19,  2).  They  were  generally  freedmen,  or  even 
favoured  slaves,  and,  if  slaves,  might  be  trans- 
ferred to  another  party  with  the  sale  of  the 
house  or  estate  to  which  they  were  attached 
(Cic.  ad  Att.  xiv.  16). 

As  a  term  denoting  a  legal  personality,  in  the 
civil  law  of  Rome,  procurator  is  a  parallel  term 
to  oognitor ;  and  is  almost  equivalent  to  the 
modem  attorney  [Actio]*  Like  the  oognitor, 
he  was  the  person  through  whose  agency  a 
legal  action,  not  primarily  his  own,  might  be 
undertaken ;  the  appointment  was  simple,  only 
depending  on  the  expression  of  will  on  the  part 
of  the  procurator  so  appointed.  The  presence 
of  neither  of  the  parties  to  the  dispute  was 
necessary  to  his  taking  up  the  case ;  and  he  was 
thus  able  of  himself  to  represent  the  persona  of 
an  absent  litigant,  and  to  become  an  actor  in 
the  legal  sense  (Festus,  s.  v.  oognUor), 

The  political  sense  of  the  word  proatrator 
originated  with  the  Empire,  and  the  personal 
government  that  it  brought  about.     In  that 


PBOCUBATOB 


PBOCURATOB 


497 


diTisioB  of  State  ftdministntion  wbich  was 
managed  by  the  princeps,  he  himself  was  the 
one  sopreme  head;  certain  state  functions  he 
delegated  to  praefecti;  moat,  howerer,  were 
managed  hj  the  imperial  agents,  the  procura' 
tores  Cauaria,  They  were  in  a  strict  sense  t-he 
servants  of  the  emperor,  with  no  independent 
bat  only  representative  authority,  appointed  to 
{terform  the  lesser  administrative  duties  of  the 
J-Impire  (mimsteria  principatus,  Tac.  Hist,  i.  58, 
1).  Like  other  parU  of  the  emperor's  hoase- 
hold,  they  were  originally  slaves  or  freedmen, 
generally  of  the  latter  class,  as  is  shown  by 
Tacitns  (Ann.  iv.  6,  7X  and  especially  by 
inscriptions.  The  holders  of  offices  about  the 
emperor's  person,  such  as  are  described  in  the 
expressions  a  liMliSf  a  raiionibuSf  auditors  and 
ncconntftnts,  would  be  procurators.  Pallas, 
for  instance,  one  of  the  favourite  freedmen  of 
Clandiua,  was  his  procurator  a  rationUms, 
Ormdnally,  however,  as  the  administrative 
daties  of  the  princeps  extended,  these  posts 
came  to  be  of  more  importance,  and  there  came 
to  be  gradations  of  ranlc  connected  with  them. 
The  more  responsible  procnratorships  were  sub' 
»eqaently  given,  not  to  freedmen,  but  to  equites: 
and  this  change,  due  in  the  first  instance  to  the 
Emperor  Vitellius  (Tac.  Hist,  u  58,  1),  was 
more  thoroughly  carried  out  by  the  Emperor 
Hadrian  (Hirschfeld,  Untersuch,  i.  p.  32).  The 
lower  grades  were  held,  without  distinction, 
either  by  eqnites  or  freedmen  (Dio  Cass.  Hi.  25). 
The  filling  of  the  higher  procnratorships  gra- 
dually beome  one  of  the  marks  of  a  permanent 
equestrian  career:  so  much  so,  that  Tacitus 
expressly  calls  this  office  the  equestris  nobiiitas, 
So  senator,  or  man  who  had  a  senatorial  career 
■n  vieWy  could  be  a  procurator;  for,  in  the 
Roman  world  of  the  Empire,  there  were  two 
distinct  patents  of  nobility.  The  quaestorship, 
and  certaizi  lower  offices  that  led  to  it,  formed 
the  road  to  senatorial  nobility:  a  procnrator- 
ship  in  the  emperor's  household  was  the  step- 
ping stona  to  a  prefecture,  which  was  the  crown 
of  equestrian  nobility.  The  original  powers 
with  which  the  procurator  Caesaris  was  sup- 
posed to  be  invested  are  well  defined  in  the 
woida  of  Tiberius  (Tac.  Ann.  iv.  15,  3),  that 
**  his  procurator's  rights  only  extended  over  his 
slaves  and  personal  property."  This  reference 
is  only  to  the  emperor's  private  pecuniary 
agent  in  a  senatorial  province ;  but,  as  no  real 
distinction  can  be  <^rawn  between  the  original 
legal  relations  of  the  fiscus  and  patrimonium 
respectively  to  the  emperor,  so  the  distinction 
between  the  emperor's  private  agent  and  one 
conaeeted  with  nis  public  concerns  is  a  differ- 
ence more  of  position  and  importance  than  of 
fact  or  law.  It  was  found  impossible,  however, 
to  confine  the  imperial  agents  to  the  limits  of 
authority  that  Tiberius  thus  lays  down.  Dis- 
putes sprang  up  between  them  and  the  sena- 
torial or  other  authorities,  in  the  provinces; 
and  it  is  given  as  an  instance  of  Claudius's 
moderation  that  he  requested  all  decisions  to  be 
confirmed  that  his  procurator  had  awarded 
(Suet.  Claud.  12).  This  points  to  the  judicial 
authority  that  the  procurators  soon  gained.  As 
there  was  no  convenient  court  of  arbitration  in 
the  provinces  that  could  decide  on  the  rights  of 
the  procurator,  he  was,  without  being  recog- 
nised as  a  proper  court  for  the  trial  of  private 

YOU  IL 


claims,  empowered  to  settle  disputes  that  might 
arise  from  the  exercise  of  his  financial  duties 
(Cod.  1,  13,  1).  His  duties,  as  regards  the 
emperor,  were  strictly  limited  and  defined ;  he 
was  altogether  accountable  to  him  for  the  uso 
he  makes  of  his  finances  or  any  portion  of  his 
property  ;  he  could  not  give,  sell  or  transfer  it, 
and  his  duties  •are  defined  as  careful  manage- 
ment of  it  (diligenter  gerere)  within  the  pre- 
scribed bounds  (Dig.  1,  19,  2) ;  but,  while  he 
keeps  within  these  bounds,  his  nets  have  all  the 
authority  of  those  of  the  emperor  himself  (i6. 
1,  19,  1). 

There  were  several  classes  of  procurators; 
most  of  them,  however,  being  purely  finance 
officers,  may  be  classed  under  the  head  of  procu- 
ratores  fisci.  The  officer  connected  with  the 
fiscus  at  Rome  was  originally  a  procurator,  as 
well  as  the  agent  for  collecting  the  Roman  or 
Italian  dues  for  the  fiscus.  A  prootmtor  sum- 
marum  is  found  in  an  inscription  of  Nero's  time 
(Henzen,  6525),  who  was  a  freedman ;  officials 
may  also  have  been  of  this  class,  called  pro^ 
cwratores  rationum  summarumf  their  position 
being  that  of  keepers  and  auditors  of  the 
imperial  accounts,  although  the  latter  title 
seems  later  to  have  had  a  restricted  signification. 
They  were  originally,  perhaps,  the  highest  offi- 
cers connected  with  the  fiscus;  later  we  find 
a  praefectus  of  the  fiscus,  and,  under  Nerva,  a 
praetor  fiscalis.  We  find  other  names  given  to 
officials  of  this  class  who  may  be  identified  as 
procurators,  such  as  rcUionalis  summae  ret  (Cod. 
3,  2,6,  7),  dispensator  or  dispensator  summarwn 
(Suet.  Vesp.  12 ;  Henzen,  6396)  and  vilicus  sum' 
marum  (C.  /.  L.  5,  n.  737).  We  find  from  a 
Greek  inscription  a  procurator  {Mrpowos) 
appointed  for  the  collection  of  Roman  and 
Italian  dues  to  the  fiscus,  such  as  the  vicesima 
hereditatium  (C.  /.  G.  2980). 

It  is  difficult  to  determine  the  precise  im- 
portance attaching  to  the  various  offices  held  by 
the  procurators  whose  titles  we  know  from  in- 
scriptions ;  and  this  is  especially  the  case  with 
the  agents  of  the  fiscus  at  Rome,  the  officers 
attached  to  it  and  their  titles  varying  with  each 
reconstruction  of  the  imperial  system  of  finance. 
It  seems  certain  that  from  the  time  of  Claudius 
the  title  a  ratkniUms  was  reserved  for  the 
central  director  of  the  fiscus.  After  Hadrian  it 
became  regularly  an  equestrian  post  (Hirschfeld, 
Untersuch.  i.  p.  32),  while  the  members  of  this 
central  bureau,  which  was  now  completely 
organised,  had  a  higher  standing  than  their  pro- 
vincial colleagues.  The  title  procuraiw  rationum 
summarum^  belonging  to  the  second  century  a.d., 
undoubtedly  denotes  some  high  official  connected 
with  the  fiscus.  As  it  does  not  seem  to  be 
identical  with  the  title  a  rationSms,  it  has  been 
supposed  to  represent  a  subordinate  director 
of  the  fiscus,  perhaps  established  for  the  first 
time  by  Marcus  Aurelius  (Hirschfeld,  /.c.  p.  35). 
The  title  rationalis,  which  often  in  the  earlier 
imperial  times  was  used  indiscriminately  with 
procurator,  and  still  had  this  wide  sense  In  the 
third  century  A.D.  (Dig.  1,  19,  tit.  **  De  officio 
procuratoris  Caesaris  vel  rationalis "),  seems  at 
some  period  within  this  century  to  have  sup- 
planted the  title  a  rattonib^u  as  the  designation 
of  the  chief  officer  of  the  fiscus  (Hirschfeld,  op. 
cit,  p.  37 ;  Liebenam,  Beitriige  xur  VerwaitungS" 
gesA.  p.  32). 

2  K 


498 


PROOURATOB 


PEOOUBATOE 


Another  class  of  procurators  were  confined 
to  the  imperial  provinces  alone ;  they  were  the 
iiaance  officers  in  these  provinces,  like  the 
quaestors  in  the  senatorial  provinces.  Thev 
were  connected,  therefore,  with  the  branch  of 
the  imperial  treasury  in  the  province  (Jiscus 
procin(Mi8)j  and  managed  the  collection  of 
taxes  due  to  it  as  well  as  their  disbursement. 
There  was  another  treasury  connected  with  the 
military  station  in  such  a  province  (Jiscus  ens' 
trenaia%  with  a  corresponding  agent  (procurator 
caatrensis)^  who  superintended  the  payments 
made  to  the  soldiers  in  the  district  (Strabo,  liL 
p.  167)  and  military  expenses  in  general:  the 
title  a  oopiia  vnilitarlbus  is  found  in  inscriptions 
(Orelli,  2922,  3505) :  and  an  agent  of  the  mint 
(procurcdor  monetae)  is  found,  in  connexion 
apparently  with  the  provincial  fiscus  (C  /.  L. 

2,  n.  4206).  Other  provincial  procurators  are 
found  for  the  collection  of  the  imperial  dues 
that  were  imposed  on  all  the  provinces  alike. 
The  vectigalia  with  which  the  provincial  fiscus 
was  supplied  were  collected  by  various  means; 
some,  such  as  the  portoria,  were  in  the  hands  of 
the  publicani,  others  were  directly  collected: 
and  amongst  these  were  certain  perquisites 
which  belonged  exclusively  to  the  imperial 
exchequer,  whether  thdy  were  collected  in  an 
imperial  or  a  senatorial  province:  such  were 
lapsed  legacies  (bona  cachicd)  and  the  property 
of  condemned  persons  (bofta  damnatonah):  others 
were  the  vioesimae  manumiasionum  and  heredita- 
Hum,  after  the  latter  had  been  extended  to  the 

?rovinces,  and  the  centeaima  renan  venalium. 
hese  dues  were  aH  collected  by  the  imperial 
procurators,  and  accordingly  we  iind  in  inscrip- 
tions such  titles  as  procurator  a  caducit  {C.  L  Z. 

3,  n.  1622),  and  other  procurators  connected 
each  with  the  collection  of  a  separate  kind  of 
imperial  revenue.  Agents  of  this  kind  were  by 
the  nature  of  their  functions  not  confined  to  the 
imperial  provinces :  and  we  find,  in  senatorial 
provinces,  frequent  evidence  of  dues  that  fell 
to  the  emperor,  and  of  the  presence  of  his 
agents  as  their  collectors  (Tac.  Awn.  ii.  47,  3 ; 
iv.  15,  3).  These  imperial  revenues,  that 
extended  over  the  provinces  generally,  may  be 
divided  into  three  classes.  Firstly,  there  were 
the  dues  mentioned  above,  the  hoina  caduea  and 
the  like,  that  fell  of  right  to  the  fiscus.  Secondly, 
there  were  dues  that  went  directly  to  pay  for 
certain  responsibilities  (curae)  undertaken  by 
the  emperor  for  Rome  and  all  the  provinces, — 
such  was  the  annona  or  corn-supply  for  Rome ; 
the  supervision  of  this  duty  was  at  Rome  dele- 
gated to  a  praefectus  of  the  emperor :  and,  con- 
sequently, in  the  provinces,  the  business  con- 
nected with  its  supply  must  have  been  in  the 
hands  of  an  imperial  agent  or  procurator. 
Again,  the  military  defences,  and  the  expenses 
consequent  on  them,  the  cost  of  the  transport  of 
troops  and  the  like,  fell  entirely  on  the  imperial 
exchequer :  and  the  revenues  necessary  for  the 
defraying  of  such  expenses  were  managed  by 
procurators  in  the  provinces,  whether  senatorial 
or  imperial,  that  were  directly  benefited  by 
such  administration.  Lastly,  among  the  impe- 
rial dues  that  affected  all  the  provinces  alike, 
comes  the  patrimonium  of  the  emperor.  The 
mention  -of  a  procurator  patrimonird^  patrimonn 
privaii  is  found  in  inscriptions  (Orelli,  3180). 
They  would  have  the  management  of  the  vast 


imperial  estates  in  the  provinces ;  and  together 
with  the  procurator  patrimcnu  we  find  a  prv- 
curator  rertun  privatantm  of  the  emperor.  At 
first  sight  they  appear  identical,  and  originally 
they  were  so.  The  institution  of  the  .twofold 
procuratorship  does  not  arise  until  the  time  of 
the  Emperor  Severns  (Marquardt,  Staatscerw.  it 
p.  311).  There  had,  in  all  probability,  always 
been  a  distinction  between  the  res  privatag  and 
the  patrimonium ;  tiie  former  consisting  mainly 
of  legacies  that  had  been  left  to  the  emperor. 
Hence  the  duties  of  the  imperial  procurators  as 
regards  inheritances  (Dig.  1,  19,  2;  Orelli,  2921, 
"servus  exactor  haereditatum  legatorum  pecu- 
liorum  *^ ;  but  in  the  early  Empire  this  distinc- 
tion  between  res  privatae  and  patn'monnoa  was 
not  recognised  by  any  formal  division  of  th^^ 
office  of  procurator,  and  in  inscriptions  (Orelli. 
3180)  the  two  are  found  combined.  There 
were  several  ether  unimportant  posts  recorded 
in  inscriptions  as  being  held  by  procarators, 
such  as  the  posts  of  librarians,  managers  ot 
spectacles  and  stores,  of  daily  household  expenses, 
and  the  like. 

Besides  the  nnmerovs  procuratares  fisci  there 
was  another  class  of  procurators  connected  with 
the  imperial  administration  of  the  provinces. 
These  were  the  procuratores  Caesaria  pro  legato. 
who  were  governors  of  outlying  and  compara- 
tively unimportant  districts,  that  were  clashed 
with  the  imperial  provinces.  Such  a  district 
was  Cappadoda  in  the  reign  of  Tiberina  (Tac 
Aim.  ii.  56  ;  Dio  Gass.  Ivii.  17,  7),  which  was 
at  first  put  under  the  govenunent  of  an  eques 
as  procurator ;  and  Judaea,  which  was  similarlv 
under  the  government  of  Pontius  Pilate,  its 
procurator  pro  legato.  These  procurators  were 
more  or  less  under  the  control  of  the  nearest 
imperial  legate  (Ugatua  pro  praationi)\  Jndaea, 
for  instance,  was  attached  to  the  larger  province 
of  Syria,  and  Pilate  was  deposed  from  office  by 
Vitellius  the  governor  of  Syria  (Jos.  Aniiq.  Jui. 
xviii.  4,  2). 

Other  provinces  that  are  known  to  have  been 
placed  at  various  times  under  imperial  pro- 
curators are  the  Alps,'Raetia,  Noricum,  Thnoe, 
and  Mauretania  (Liebenam,  /.  c.  p.  26). 

The  imperial  procurators  were  continoed  n 
office  for  terms  of  indefinite  length;  and  had 
fixed  salaries  from  the  treasury  (Dia  Cass.  liii. 
23,  1).  The  words  treoenariua,  duomaritaj  and 
oentcnariua  denote  the  value  of  these  posts, 
according  as  the  salary  varied  from  one  hundred 
to  three  hundred  sestcrtia  (Orelli,  946;  Suet. 
Claud.  24).  The  salaries  of  the  civil  pro- 
curators at  Rome  were  probably  higher  than 
those  of  the  same  grade  in  the  provinces.  Thns 
the  procwatio  ratioma  privatae  was  probaUy  in 
Rome  a  trecenaria ;  in  the  provinces  a  ducenaria : 
in  Italy,  where  it  would  be  merely  a  branch- 
office  from  Rome,  a  centenaria  procuratio  (Lie- 
benam, /.  c.  p.  55).  The  grades  of  rank  through 
which  the  various  procurators  passed,  their 
position  in  the  imperial  organisation,  and  the 
status  of  the  individuals  chosen  for  these  ofiSces. 
cannot  be*  expressed  with  any  certainty.  The 
scale  of  rank  was  often  broken  through  by 
sudden  and  extraordinary  promotions,  which 
were  made  through  the  favour  of  the  princep5 
or  the  personal  fitness  of  the  individual  pix^ 
moted.  Thus  we  find  in  one  instance  a  pro* 
curator  a  fnemoria  promoted  to  a  praefccturt 


PBODIGIUM 


PRODdSIA 


499 


(Ser^.  Aug,  J^igr.  7).  A  more  regular  pro- 
motion b  that  of  Tl.  CI.  Bibianns  TertuUus,  who 
rose  from  the  procuratorship  ab  eptstulia  Graecis 
to  that  a  rationRnaf  and  was  from  this  second 
post  pttmioted  to  th^  praefectura  vigiium  (C  /.  G. 
iii.  6374);  or  that  of  Sex.  Var.  Marcellus,  who 
7096  through  the  snooessire  grades  of  procurator 
aqtietrwn  and  procurator  Britanniae  to  the  post 
oi  procurator  a  ratkmUbuSy  and  was  then  pro- 
moted to  be  vtoe-praefcctus  praetorio  (Orelli, 
946).  The  political  influence  of  the  procurators 
at  various  periods  of  the  Empire,  and  the  classes 
from  which  they  were  chosen,  changed  with  the 
chssging  conditions  of  imperial  gorernment. 
The  Empire  began  by  being  a  strictly  personal 
mie  marked  by  undivided  responsibility  on  the 
part  of  the  prinoeps.  At  this  time  the  pro- 
curaton  were  naturally  freedmen,  acting  as 
mere  serrants  of  the  central  head  of  the  Roman 
fetate;  and  eren  after  the  change  initia(ted  by 
Vitelliusy  a  return  to  this  principle  of  selection 
might  be  made,  as  it  was  by  the  Emperor  Domi- 
tian  (Suet.  Dom,  7).  But  with  the  develop- 
ment of  the  Empire,  the  political  organisation 
itself  began  to  replace  iu  part  the  personal 
responsibility  of  the  princeps ;  and  we  get  the 
order  of  the  equestrian  aristocracy  61Iing  these 
pnsta.  The  definite  political  routine  lessened 
the  personal  influence  of  these  agents,  which 
had  been  very  great  under  a  weak  prince  like 
Claudius,  in  the  half-organised  earlier  Empire. 
In  the  later  period  of  the  Empire  we  find  a  new 
influence  arising — ^that,  namely,  of  the  emperor's 
personal  household.  In  the  fourth  and  fifth 
centnries  freedmen  of  the  household,  such  as  the 
chamberlain  (cabkulariuB),  had  the  power  whioh 
n  the  time  of  Claudius  was  possessed  by  the 
freedmen  fflling  the  great  fiscal  offices  (Fried- 
ISnder,  SUtengeach,  i.  p.  67). 

(Mommsen,  Staatsrechi,  ii.>  pp.  336  ff.,  934; 
Vsrquardt,  StaaisvenBaltung^  v.  p.  296  ff.; 
Hinchfeld,  Untenuchungen  auf  dem  GSbiete  der 
riftnuehen  VervaUungsgeachicMe,  i.  p.  30  ff. ; 
Uebenam,  BeitrSga  zur  VgrwailungagescMohte 
dei  rdmisehen  Kaiaerreicha^  i.  p.  52  ff. ;  Fried- 
liiiider,  Satrngeachkihte^  1.  p.  59  ff.)   [A.  H.  6.] 

PRODFGJlUM  in  its  original  meaning  differs 
little  from  osfenhtm,  monstnaitj  portentum. 
''Qnia  enlm  ostendunt,  portendunt,  monstrant, 
praedieunt,  ostenta,  portenta,  monstra,  prodigia 
dicuntur  "  (Qc.  de  Div,  i.  42,  93).  [It  should 
be  obterved,  however,  that  pridigium  cannot  be 
derived  i^om  praedico.']  In  its  widest  accepta- 
tion the  word  denotes  any  sign  by  which  the 
gods  indicated  to  men  a  future  event,  whether 
good  or  evil,  and  thus  includes  omens  and 
SQguries  of  every  description  (Verg.\4en.  v. 
^•38 ;  Servius  ad  loc. ;  Cic  in  Verr,  iv.  49,  107). 
It  is,  however,  generally  employed  in  a  more 
restricted  sense  to  signify  some  strange  incident 
which  was  supposed  to  herald  the  approach  of 
misfortune,  under  such  circumstances  as  to 
a&noonce  calamities  impending  over  the  nation 
rather  than  orer  private  persons. 

Hence  the  distinction  of  ^  prodigium  quod  in 
privato  loco,"  or  "quod  in  peregrine  factum 
e^t"  (Liv.  zliii.  13):  the  rites  and  offerings 
vhich  would  in  his  judgment  afford  a  procuratio 
ffivati  porienti  depended  upon  the  owner  of  the 
boTi«e  where  it  occurred  (Liv.  v.  15) ;  so,  too, 
as  r^rds  the  Roman  senate  a  prodigy  in  a 
colonia  would  be  looked  upon  as  in  peregrino  loco. 


and  left  to  the  magistrates  of  the  town  where 
it  occurred.  A  common  instance  of  private 
procuration  was  when  anything  in  private  pro- 
perty was  struck  by  lightning  [see  Bidental]. 
Such  prodigies  were  viewed  as  manifestations 
of  the  wrath  of  heaven  and  warnings  of  coming 
vengeance;  it  was  believed  that  the  wrath 
might  be  appeased  and  the  vengeance  averted 
by  the  proper  rites  and  sacrifices.  Although 
it  was  impossible  to  provide  for  every  contin- 
gency, rules  for  expiation  apftlicable  to  most 
cases  were  laid  down  in  the  sacred  books  of  the 
Etruscans  (Cic.  de  Div.  i.  33,  72);  and  when 
the  prodigy  was  of  an  unprecedented  character, 
recourse  might  be  had  not  only  to  the  haru- 
spioes,  but  to  the  Sibylline  books  or  even  the 
Delphic  oracle  [Habcspices  ;  Sibtllini  Libri]. 
When  the  senate  received  information  of  a  pro- 
digy happening  t'n  pMico  foco,  the  first  process 
was  either  themselves  to  examine  witnesses 
(Liv.  zxii.  1).  or  to  commit  the  examination  and 
decision  to  the  pontifices  (Liv.  i.  20).  If  the 
fact  was  proved,  and  also  judged  important  to 
the  state,  then  they  were  said  suacipere  procura- 
tionem :  when  the  wrath  of  heaven  was  clearly 
connected  with  some  known  crime,  the  first 
necessity  was  atonement  by  punishing  the 
criminal  (cf.  Liv.  ii.  42 ;  Dionys.  ix.  40) :  the 
next  point  was  to  settle  what  deities  were 
pointed  out  by  the  prodigy  as  needing  appease- 
ment :  e,g.  when  the  spears  of  Mars  are  shaken 
in  the  sacrarium  regiae,  then  sacrifices  of  hostiae 
majorea  to  Jupiter  and  Mars  are  indicated  (Cell, 
iv.  6) — where  no  god  was  specially  pointed  to, 
there  was  a  sacrifice  in  general  terms,  **deo 
aut  deae  "  (Gell.  ii.  28) :  finally,  when  the 
offended  deity  was,  if  possible,  ascertained, 
it  remained  to  determine  what  claim  {postilioy 
for  atonement  he  made.  (See  Cic.  de  Jffaruap. 
Reap,  10,  20;  14,  31;  Varro,  X.  L.  v.  148; 
Arnob.  iv.  31,  who  instances  poatilionea  for  neg- 
lect, perhaps  accidental,  of  duties  and  cere- 
monies.) An  edict  then  declared  how  the 
expiation  should  be  made,  by  hoatiae  majorea  or 
Mn/endiale  aacrum  or  cbaecratio ;  and  the  matter 
was  entrusted  to  the  consuls.  Marquardt  gives 
abundant  instances  of  these  cases  (Staataverw, 
iii.  p.  260),  but  he  gathers  from  Philarg.  ad 
Verg.  Georg.  iL  162,  that  the  carrying  out  of 
the  atonement  was  sometimes  committed  to  the 
Pontifices  instead  of  the  consuls.  When  in 
doubtful  and  difficult  cases,  as  mentioned  above, 
the  haruspices  or  the  Sibylline  books  were  con- 
sulted, it  usually  followed  that  a  greater 
solemnity,  a  SUPPUCATIO  or  a  jejunium, 
was  ordered  (Liv.  xxxvi.  37).  (Muller,  Die 
Etruaker,  ii.  191;  Hartune,  Die  Religion  der 
Romery  i.  96;  Bouoh^LecIercq,  Hiat.  de  It 
Divination,  p.  181 ;  Marquardt,  Staataverw.  iii.' 
pp.  259-264.)  [W.  R.]    [O.  E.  M.] 

PR0TX)MU8.  [DoMUs;  Templum.] 
PROIXySIA  (irpoSoirfa).  Under  this  teim 
WAS  included  not  only  every  species  of  treason, 
1)ut  also  every  such  crime  as  (in  the  opimon  of 
the  Greeks)  would  amount  to  a  betrayal  or 
desertion  of  the  interests  of  a  man's  country ; 
especially  thi6  attempt  to  subvert  the  constitu- 
tion (KcrrdXu(rtf  rot;  9^ftov)  and  to  establish  a 
despotism  4[rvpaia'fs).  Thus  Lycurgus  (c.  Leocr. 
§  127)  spealEs  x>£  the  psephisma  of  Demophantus 
(irreyw  ....  5s  &y  KoeraXitqf  r^y  hifAOKpariay 
riiv  'AMi^i^'i,  Koi,  i^  Tij  ip^if  rw^  i^PX^^  Koera- 

2  K  2 


500 


PBODOSIA 


\t\vfihniis  T^s  Ih/ifAOKparlas  rh  Xoiit6¥,  icol  ^(£f 
Tif  rvpQMvuif  iweamtrrf  ^  rhv  rifpwpov  ovyica- 
raoT4o|7f  Andoc  de  Myst.  §  97)  as  directed 
against  traitors  (^rhv  r^v  irarpfSa  vpoStS^rra), 
yet  there  is  no  instance  recorded  of  an  attempt 
to  subvert  the  constitution  ever  having  been 
dealt  with  as  vpoioaioj  and  the  y^/iot  tlaaj' 
ythruchs  clearly  distinguishes  between  the  two 
crimes.  In  the  eye  of  the  law  only  the  betrayal 
to  the  enemy  of  the  state  or  part  of  the  state, 
such  as  a  town,  a  watch-post,  a  gate,  a  dock- 
yard, a  fleet,  an  army  (Lys.  c.  Phikn,  §  26 ; 
Lye.  c.  Leocr,  §  59 ;  Dem.  c.  Lept,  p.  481,  §  79 ; 
Aeschin.  c.  Ctes,  §  171 ;  Hyp.  pro  Eux,  18),  or 
\he  entering  into  any  kind  of  treasonable  com- 
munication with  the  enemy  (cf.  the  case  of 
Antiphon  and  Archeptolemns,  [Plut.]  Vitt  X 
Orat,  p.  833  £),  amounted  to  vpoioffia  [£18- 
anoelia]  ;  unless  when  a  special  decree  of  the 
people  extended  the  meaning  of  vpoiotrlci,  e,g, 
to  the  leaving  the  state  in  time  or  danger  (as 
after  the  battle  of  Chaeroneia,  Lye  c.  Leocr. 
§  53 :  4y^ovs  cTyot  rp  vpo9offiq,  robs  ^^yorras 
rhp  Mo  T^t  wrpl9os  xiifivpoy),  or  when  it  was 
resolrea  on  the  motion  of  Critias  to  prosecute 
Phrynichus,  who  had  been  murdered  bv  ApoUo- 
doms  and  Thrasybulus  (rhv  pticphp  Kflv^iw  vpo- 
8o<r(af),  and  also  to  subject  his  defenders  to  the 
punishment  of  traitors  in  case  of  a  conviction 
(Lye.  c.  Leocr,  §  112  ff.). 

The  ordinary  method  of  proceeding  against 
those  who  were  accused  of  treason  or  treason- 
able practices  was  by  ^UroYytXta  (only  Pollux, 
viii.  40,  speaks  of  a  ypai^  irpo9oirlas)y  as  in  the 
case  of  Gylon,  the  maternal  grandfather  of  De* 
mosthenes  (vpoiohs  roTs  woAe/ilou  N^fi^oioi', 
Aeschin.  c.  Ctes.  §  171),  Timomachos  (wpo^hs 
K&ntt  r^f  Xtf^»6v7iffop,  Schol.  Aeschin.  c.  Tim, 
§  56),  Leosthenes  (Diod.  Sic.  xv.  95),  Philon, 
Theotimus  (6  ^nffrhp  arokitras^  Hyp.  pro  Eux. 
18),  Chabrias  and  Callistratus  (Schol.  Dem. 
c.  Mid,  p.  535,  §  64;  Aristot.  Rhet,  tii.  10, 
p.  1411,  B  6,  and  i.  7,  p.  1364,  19),  etc. :  cf. 
rlut.  Cariol,  14,  "Avirros  vpo9oaias  wcpl  n^Aov 
Kpu^6fuifost  etc.  and  Diod.  Sic.  xiii.  64.  Leo- 
crates,  who  left  Athens  after  the  defeat  at 
Chaeroneia,  was  prosecuted  by  Lycurgus  seven 
years  later  for  desertion  of  his  country.  The 
defence  of  the  accused  was,  that  he  did  not 
leave  Athens  with  a  traitorous  intention  (^irl 
«poSoo'/f),  but  for  the  purposes  of  trade  {iwl 
ifiwopl^  §  55  and  argumentitrn) ;  he  was  ac- 
quitted, the  votes  being  even  (Aeschin.  c.  Ctes. 
§  252).  A  special  decree  of  the  people  pro- 
nounced those  traitors  who  fled  from  Athens 
after  the  battle,  and  empowered  the  council  of 
Areiopagus  to  bring  them  to  justice  by  a 
summary  method  (Lye.  c.  Leocr,  §  52  ff.) :  thus 
we  read  in  Aeschin.  c.  Ctes.  §  252,  that  they 
seized  and  put  to  death  on  the  same  day  a 
person  that  tried  to  sail  away  to  Samos. 

The  regular  punishment  appointed  by  law  for 
treason  appears  to  have  been  death,  refusal  of 
burial  within  Attic  territory,  and  confiscation 
of  property  (Xeu.  Hellen.  i.  7,  22 :  cf.  Dem.  de 
Cor.  Trier,  p.  1230,  §  8  f.) ;  and  when  we  find 
instances  of  treason  being  punished  by  a  fine, 
we  must  either  suppose  that  the  Athenians 
distinguished  between  high  treason  and  less 
heinous  kinds  of  -irpd^offia  (the  latter  rtfATtT6s}, 
or  that  the  writers  employ  the  term  in  the 
respective  passages  not  in  its  proper  technical 


PROEISPHOBAS  DIKE 

sense  (Dem.  c.  Timocr,  p.  740,  §  127 ;  c.  Theocr. 
p.  1344,  §  70).  The  sentence  passed  on  Anti- 
phon and  Archeptolemns  is  preserved  in  FPlut.] 
Vitt,  X,  Oratt,:  <<that  they  be  delivered 
to  the  Eleven;  that  their  property  be  confis- 
cated, and  the  goddess  have  the  tithe;  that 
their  houses  be  razed  and  boundary-stones  be 
placed  on  the  sites  with  the  inscription  A.  sol 
A.  rotp  wpeS^oiy ; — that  it  shall  not  be  allowed 
to  bury  A.  and  A.  at  Athens  or  in  any  land  of 
which  the  Athenians  are  masters ;  that  A.  «ad 
A.  and  their  descendants  shall  be  ftri/ioi,  and 
he  who  adopts  any  one  of  the  race  of  A.  and  A. 
shall  be  irifjkos :  that  this  decree  be  written  on 
a  bronze  column,  and  put  in  the  same  place 
where  the  decrees  about  Phrynichns  are  set 
up"  (cf.  Lye.  c.  Leocr.  §  117  f.;  Journal  of 
PhUol,  viii.  1-13).  The  bones  of  Themistodes, 
who  had  been  condemned  for  treason,  were 
brought  over  and  buried  secretly  by  his  friends 
(Thuc.  i.  138, 6 ;  MarcelL  Vit.  Thucyd,}.  Traiton 
might  be  proceeded  against  even  after  their 
death,  as  we  have  done  in  modem  times.  Thus, 
the  Athenians  resolved  to  prosecute  Phry- 
nichus ;  judgment  of  treason  was  passed  agaloist 
him,  his  bones  were  dug  up  and  cast  out  of 
Attica.  (Att.  ProoesSf  A.  Lipsius,  pp.  419- 
424.)  [C.  R.  K.]    [H.  H.T 

PROEDBI  (wpMpoi),  *  [BouLEj 

PROEFSPHORA.    [EnPHORA.] 

PROEI'BPHORAS  DIKE  (wpoei<r^p«5 
Hkti),  At  first,  after  the  institution  of  the  new 
census  and  the  introduction  of  the  ^v/tfiopiai  in 
the  archonship  of  Kausinicus  in  B.a  378-7 
(Harpocr.  s.  v,  av/ifiopla\  the  state  collected 
the  M^opii  directly  from  those  liable  to  it,  and 
those  who  fell  in  arrear  were  proceeded  against 
in  the  same  way  as  all  debtoi^y  to  the  state 
(Lvs.  c.  Philocr.  §  9  ;-rDem.  c.  AndroL  ]».  609, 
§54;  p.  615,  §  70;  c.  Tmocr.  p.  752,  §  166> 
To  avoid  the  delay  necessarily  arising  from  this, 
the  wpo9iff^piL  was  introdnced,  viz.  certain 
individuals  had  to  pay  the  whole  tax  at  once 
and  to  recover  the  sum  advanced  afterwards 
from  the  others  liable  to  the  tax.  Frankel 
(Boeekh,  Sthh,*  ii.  p.  123,  App.  n.  838)  sapp<wcs 
that  at  first  each  demus  appointed  one  of  the 
^ilfUrtu  and  iyieeienifitwoi  to  pay  the  whole  lax 
at  onoe  for  the  demus ;  that,  to  save  time,  in 
B.C.  362-1,  it  was  resolved  that  the  senate 
(instead  of  the  demi)  should  return  the  names 
of  those  who  were  to  pay  the  taxes  in  advance 
(Dem.  c.  Polyd.  p.  1208,  §  8 ;  cf.  §  6,  9»k  rd- 
X^vs),  and  that  after  this  date  the  first  class  ot 
the  census,  the  300  richest  men,  had  to  make 
this  advance  (Dem.  c.  Phaenipp.  p.  1046,  §  25  ; 
cf.  SchoL  Dem.  Olynth.  ii.  p.  26,  §  29,  ^4^pw 
yhp  ol  vKovtruir^pQi  tvip  avrwv  ical  vfWfr/Xovr, 
Koi  iZixorro  ravra  Sorepoy  Kara  irxa^ift' .... 
o^oi  th  ^trop  ol  fptaxwnoi  ol  stbv  w\o6^wi  ol 
wp&Totj  olrivft  "wpotiffi^povj  etc.  Dem.  de  Cor. 
p.  285,  §  171).  By  this  means  the  possibility 
of  taxes  falling  into  arrears  was  prevented.  To 
recover  money  thus  advanced  was  called  wpe* 
c«r^p&y  KOfii(tff$ai,  tlffirpdrreo^BM  (Dem.  c. 
Pantaen,  p.  977,  §  37  ;  c.  Polyd,  p.  1209,  §  9), 
and  all  actions  arising  from  it  belonged  to  the 
jurisdiction  of  the  strategi.  Eoehler  (MUtk. 
d.  d.  a,  Inst.  Ath,  Tii.  1882,  p.  98  ff.)  discnsses 
an  inscription  dating  from  the  first  half  of  the 
4th  century,  referring  to  the  actions  (SiaSi- 
KOffltu)  brought  to  decide  who  were  liable  to 


PB0EB08IA 

the  «poc«tf\^<MM( :  th«  names  are  arranged  ae* 
cording  to  demi,  and  the  sanctoariet  of  the 
demi  are  not  exempted  (cf.  C  7.  A.  ii.  No.  947). 
The  fatim  that  the  "wpotur^opk  waa  introduced 
some  time  after  the  archonship  of  Nannnicos 
(it  is  fint  mentioned  in  Dem.  c.  Polycl.  p.  1208, 
§8;  t>.  BX.  362-1)  throws  a  new  light  on 
Dem.  c.  Amirot.  p.  606,  §  44,  l/u^  wq^  T&t 
tie^opiis  r&f  Aw^  Nov^iyiwou,  wop*  ttrtts  rdXarra 

Kol  3^«a  4erl  r^Jiwfrtu  Grote  (^tf^  o/  (rr.  ix. 
!>.  333)  is  of  opinion  that  **a  toUl  sam  of  300 
talents  or  thereabonta  had  been  leiied  by  all 
the  Tarions  property^taxes  imposed  from  the 
archonship  of  N.  down  to  the  date  of  the 
speech,"  a  period  of  abont  twenty-three  years ; 
but  Lipsins  {Jahrb.  f.  c/.  Phil.  1878,  p.  297  ff.) 
points  out  in  the  first  place  that  the  sum  of 
300  talents  is  too  small,  as  the  aggregate  of  all 
property-taxes  imposed  for.  twenty-three  years; 
and,  secondly,  that  since  the  introduction  of  the 
wfMtfffopa  arrears  could  not  possibly  accrue. 
Hence,  he  concludes,  the  commission  appointed 
tt  the  instigation  of  Androtion  to  collect  all 
outstanding  arrears  could  only  collect  such 
srrears  as  had  accrued  between  the  archonship 
of  N.  and  the  introduction  of  the  irpotifffopa, 
sod  the  snm  of  300  talents  represents  the  total 
sam  of  taxes  called  for  within  that  period  only. 
Boeckh  {SiMh,  L'  p.  607)  thought  that  the  300 
ttleats  here  mentioned  were  leried  in  the 
single  year  of  N. ;  yet  ioA  Novtrcrdrov  cannot 
bare  this  meaning.  Frinkel  (ad  L  c.  ii.  p.  120, 
^PP')i  ^^  accepting  Lipsins*  explanation,  sus- 
pects that  the  rnding  of  the  passage  is 
corrupt.    [Stmhoria.]      [C.  B.  K.]    [H.  H.] 

PBOEBCrSIA  (wpoifp^m),  called  also  wpo- 
s^s^pui  (Paus.  X.  15),  a  festival  in  the  month 
Boedromion,  celebrated  by  a  procession  to  Eleusis 
and  offerings  there  to  Demeter  It  was  held  by 
the  Athenians  on  behalf  of  all  Greece,  before 
the  land  was  ploughed  for  sowing,  to  entreat 
for  a  plentanil  harrest,  (Suid.,  Hesych., 
Etym,  Mag,  s.  v. ;  Arriao,  m  EpicUt,  iii.  21 ; 
Mommsen,  MeorM.  218,  Preller,  Gr.  Myth, 
•.608.)  PLS.]    [G.aM.] 

PBOFESTI  DIES.    [Dies.] 

PBOGAHEIA  (wpoyd^9ia%  [Hatrxmo- 
XIU3I,  Vol.  II,  p.  136  a.] 

PBOIXOrpeie).    [Dos.] 

PBOLETA'BII.  The  state,  according  to 
the  Serrian  constitution,  was  divided  into  those 
vho  bad  property  (lucupUtet)  arranged  in  classes, 
and  those  who  had  not  and  were  outside  these 
duMs;  these  undassed  citizens  were  called 
^piU  cetui,  i.e.  *'  reckoned  by  heads,**  or  pr<h 
^^tarii,  i.e.  **  begetters  of  children  "  (Cic  de  Itep. 
ti-  22, 40 ;  GelT.  xri.  10).  These  included  all 
vho  were  assessed  at  not  more  than  1500  asses : 
the  distinction  in  civil  matters  is  marked  by  the 
^w  of  the  Twelve  Tables,  thnt  for  a  proletarius 
toy  one  might  act  as  tmdeXy  while  for  the 
i^tidma  (or  locuple$)  an  adsiduus  was  required 
[Acno].  As  to  their  military  service,  see 
UEBcrrus,  Vol.  I.  p.  781.  (Mommsen,  Bom, 
^«<.  i.  196 ;  Staaitrecht^  iii.  238.)    [G.  E.  M.] 

PBOHETHEIA   (wpo/i^ta).    [Lampadb- 

UbOMU.] 

PB0MI880B.    [Obliqatioxes.] 
PBOHNE'STBIAE  (wpofiHarpuu),    [Ma- 
TWMowiuii,  Vol.  II.  p.  136  a.] 
PBOMULSIS.    [Cem A,  Vol.  I.  p.  396.] 


PfiOPBAETOR 


501 


PBOMTJS.    [Cella.] 

PBONA'OS.    [Templum.] 

PBCKNUBA.  [Matbimonium,  Vol.  II.  p. 
143  a.] 

PROPHETES.    [Oracclum.] 

PBOPLASliA  (irp^?aurf»a),  the  first  sketch 
for  a  work  in  clay,  preparatory  to  its  execution 
in  bronze,  marble,  or  other  materials.  We  are 
told  that  the  proplasmata  of  Arcesilaus,  an 
artist  of  the  end  of  the  Koman  republic,  were 
sold  to  artists  for  higher  prices  tnAn  others' 
finished  works ;  and  Pasiteles  spoke  of  '*  plasticen 
matrem  statuariae,"  &c.  This  was,  however,  a 
late  practice.  It  was  after  the  time  of  Lysi- 
stratus,  the  brother  of  Lysippus,  that  it  was  so 
general  that  **  nulla  signs  statuaeve  sine  argilla 
tierent."  £ven  then,  however,  the  artist  did 
not,  as  in  modern  times,  leave  the  execution  of 
the  statues  themselves  to  skilled  workmen. 
(Plin.  XXXV.  §  45.)  [E.  A.  G.] 

PROPNIGE'ITM.  [BALNBAE,Vol.I.p.279.] 

PBOPRAETOB.  The  propraetorship  was, 
like  the  proconsulate,  technically  a  delegation  of 
the  praetorian  imperium  where  alone  such  dele- 
gation waa  constitutionally  allowable — ^that  is, 
outside  the  pomerium ;  but,  instead  of  the 
delegation  of  a  new  unpfrnwi  miliiiaef  the  course 
usually  adopted  was  the  prolongation  of  an 
imperium  already  existing  (prcrogatio).  The 
title  pro  praetore  seems  really  to  be  an  older 
title  than  that  of  pro  consule.  As  the  title 
praetor  belonged  originally  to  all  magistrates 
who  demanded  obedience  from  the  army  in 
virtue  of  their  imperium  (P8eud.-Ascon.  in 
Verrin.  p.  168 ;  Festus,  p.  161),  so  the  title 
pro  praetore  was  applied  to  an  officer  who 
had  this  authority  delegated  to  him;  and 
accordingly  Dionysius  (ix.  12)  calls  the  military 
delegate  appointed  by  the  consuls  for  the  com- 
mand of  the  reserve  force  iarriarMtrrfy6t  (pro- 
praetor), which  is  more  likely  to  have  been  the 
original  title  than  proconsul,  given  by  Livy  (iii. 
4).  This  view  of  the  propraetorship  as  a  delegated 
military  imperium  never  died  out.  When,  for 
instance,  the  military  imperium  was  to  be  con- 
ferred on  an  individual  who  had  held  no 
magistracy,  or  only  a  minor  one,  it  is  generally 
conferred  with  the  title  pro  praetore,  M. 
Antonius,  while  still  tribune,  had  this  title 
granted  him  by  Caesar,  for  the  purpose  of 
military  command  in  Italy  (Cic.  ad  Att,  x. 
8  a) ;  and  Octavian,  who  had  held  no  magistracy, 
had  the  title  propraetor  conferred  on  him  by 
the  senate  for  the  purpose  of  acting  against 
Antony  (Suet.  Oct.  10). 

But  the  propraetorship,  as  a  standing  office, 
originated  with  the  necessities  of  provincial 
government.  When  the  number  of  the  Boman 
provinces  increased  beyond  the  four  original 
provinces,  for  which  (special  praetors  were 
appointed,  the  prolongation  of  the  imperium  of 
the  two  city  praetors  became  usual.  Provincial 
government  was  subsequently  divorced  from  the 
administration  of  the  praetort>,  and  the  provinces 
divided  between  the  past  consuls  and  praetors, 
the  propraetors  obtaining  those  provinces  where 
least  military  forces  were  required.  As  pro- 
vincial governors  they  were  invested  with  the 
imperium  with  the  same  ceremonies  with  which 
the  imperium  for  military  service  had  been 
confirmed :  among  which  were  especially  the 
religious  ceremonies  of  the  vota  and  auepicia 


502 


PBOPRAETOB 


(Cic.  in  F«T.  V.  13,  14;  Festus,  /.  c)  and 
the  Lex  Cariata,  or  popular  Banction  for  all  the 
magiiirains  cum  mperio((^,4e  Lege  Agr.  IL  11, 
26).  The  tenure  of  his  imperium  bj  the  praetor 
was  now,  as  a  rule,  biennial,  one  year  being 
spent  in  office  at  home,  the  other  as  governor  of 
a  province ;  this  separation  of  commands  was 
first  formally  recognised  by  Sulla  (Lex  Cornelia 
de  provinciis  ordinandis),  and.  the  limit  of  the 
propraetor's  government  of  a  province  fixed  at 
one  year.  (For  the  administration  of  the 
provinces  by  propraetors,  see  PBOYINCIA.)  The 
senatosconsttltum  of  52  bX!.  affected  the  pro- 
praetor as  it  affected  the  proconsul  [PBOOOiiBaL]. 
The  propraetor  did  not  now  leave  Rome  to  talce 
command  of  a  province  until  five  years  after  he 
had  ended  his  period  of  office  at  home  (Dio  Cass, 
xl.  30,  1 ;  46,  2).  Although  the  division  of  the 
provinces  between  the  propraetors  and  the  pro- 
consuls was  regulated  by  constitutional  usage, 
and  the  interval  between  home  and  foreign 
commands  regulated  by  law,  yet  the  senate 
might  by  a  decree  interfere  with  the  ordinary 
arrangements.  In  51  Bi.c.  a  senatusconsultum 
was  passed  by  which  the  senate  commanded  that 
all  the  praetorii  who  were  qualified  for  foreign 
command  should  be  sent  to  provinces,  and  that, 
if  there  were  not  sufficient  praetorii  of  five 
years'  standing,  those  of  less  standing  should  be 
sent  out  in  the  order  of  seniority  (Cic  ad  AU, 
viii.  8, 8).  The  effect  of  this  decree  was  to  debar 
from  goyemment  consulores  duly  qualified  by 
the  five  years'  interval  (Caes.  Beil.  Cio»  1,  6). 

When,  under  the  Empire,  the  proyinoes  were 
divided  into  senatorial  and  imperial,  the  re- 
publican system  was  reversed;  the  military 
provinces  were  given  to  governors  with  the  title 
pro  praetore,  ine  non-military  to  proconsuls, 
in  the  latter,  however,  we  find  the  senatorial 
proconsuls  accompanied  by  iegoH  proconeuiis  pro 
prattore.  They  were  assessors  (mlpcSpof,  Dio 
Cas4t  liiL  14,  7)  of  the  senatorial  governor,  imd 
were  all  alike  called  propraetors,  though  some 
might  be  consulares.  For  a  senatorial  province 
of  the  higher  class,  such  as  Asia  and  Africa, 
which  were  governed  always  by  consulares, 
three  such  legati  pro  praetore  were  selected ;  to 
one  of  the  lower  class,  such  as  Sicily  and  Baetica, 
which  were  governed  by  a  proconsul  who  had 
been  praetor,  one  such  legatus  accompanied  the 
governor.  They  were  selected  by  the  pro- 
consuls themselves,  subject  to  the  approval  of 
the  princepe :  in  the  lower  senatorial  provinces 
these  propraetors  might  be  praetorii;  in  the 
higher  they  might  be  consulares  (Dio  Cass.  t^.). 

The  title  qwxeetor  pro  praetore  U  connected 
with  senatorial  government.  It  may  mean  one 
of  three  offices.  During  the  Republic,  a  magis- 
trate with  this  title'was  either  (i.)  one  who 
replaced  an  absent  or  dead  superior  in  a  province 
for  the  purpose  of  temporary  gorernment  (Sail. 
Jttg.  103 ;  cf.  i>.  36),  and,  from  the  instances 
referred  to,  we  see  that  the  quaestor  took  this 
title,  although  he  might  be  commanding  in  the 
room  of  a  proconsul ;  or  (ii.)  one  who,  though 
still  only  a  quaestor,  was  appointed  to  an  inde- 
pendent command  by  senate  or  people.  Cato 
bore  this  title  when  sent  to  annex  Cyprus  in 
58  B.C.  ( VelL  2,  45 ;  cf.  C.  /.  X.  i.  4, 598) ;  and 
(iSi.)  in  a  senatorial  province,  during  the  Empire, 
the  quaestor,  who  is  the  finance  officer  in  such 
a  province,  had  this  title,  as  we  know  from 


PBOPTLAEA 

*  inscriptions,  in  which  the  title  qmmttor  pn 
praetore  appears  by  the  Ade  of  that  of  his 
superior  the  proconsul  (Orelli,  151).  Tvo 
explanations  of  this  are  possible.  He  may  hare 
been  adteottu  inter  praaUnrin  because  the  other 
leading  members  of  the  staff,  the  legati,  were 
propraetors :  or,  more  probably,  the  title  was 
giren  him  because  he  was  the  provincial  repre- 
sentative of  the  finance  officer  of  the  atrariom 
at  Rome,  which,  under  the  Empire,  was  ia  the 
hands,  not  of  a  quaestor,  but  of  a  praetor. 

The  goremon  of  the  imperial  provinces,  ucder 
the  Empire,  were  all  legati  Cateaarie  pro  prattore. 
Their  government  was  not  an  iadepeDdent 
command;  they  were  legati  of  the  Emperor: 
hence  they  oonld  not  havv-ihe  prooonsoUrc 
imperium,  which  was  Tested  in  toe  prince^ 
and  could  not  therefore  be  proconsuls.  The 
imperial  provinces,  like  the  senatorial,  were 
divided  into  a  higher  and  a  lower  class.  To  the 
higher,  such  as  Syria  and  the  two  Germanics, 
oonaolares  were  sent;  to  the  lower,  such  u 
Aquitania  and  Qalatia,  praetorii;  bot  the 
govemo»  of  both  were  called  propraetors  (Dio 
Cftsa..  liii.  13,  5X  those  who  had  been  consuls 
adding  the  title  vtir  canwukarie  or  eoaunkra 
legaiuB,  These  propraetorial  gorenorships  had 
xko  definite  limit  of  time,  uA  their  teanic 
depended  on  the  emperor's  discretion  (Di« 
Cass.  lui.  IS,  6;  Tac  Ann,  L  80),  their 
holders  having  fixed  salariea  from  the  imperial 
treasury  (Dio  Cass.  lii.  23,  1).  The  imperial 
provinces  all  inrolved  military  commanHs ;  sad 
hence  the  legati  Caesans  wore  the  aiUtair 
dress  and  sword  (Dio  .Cass.  liii.  13,  6),  which 
w^re  not)  worn  by  the  proconsuls  of  MDatorinl 
provinces.  [A.  H.  G.l 

PBOPTIiAEA  (w^ov^Aoia:  alsooccasiooaUy 
in  the  singular,  wpovvAoioyX  profwrl/  ^^  >P*^ 
before  the  gate,  is  the  name  nsnally  applied  to  a 
porch    or  entranoe  •of  elaborate   aichitectnral 
construction.    Thus  it  is  ai^lied  by  Herodotus 
to  the  «< Pylons"  of  Egyptian  temples  (u.  101. 
12  It  &c.).    The  name  is,  howeyer,  by  andeiit 
writers  used  almost  exclusively  withxebrcooeto 
th0  great  entrance  of  the  Acropolis  at  Athcnif 
built  by  the  architect  Mnesidea  under  Pericks 
(Pint.  Pericles,  X3  ;  Snidas^  s.  «.  6c.)  ^  tbU  was 
begun  in  437  B.C.,  and  was  provisionally  coin- 
pleted  in  five  years,  though  Jta  original  plan  was 
never  fully  carried  out,  and  though  ^12  talents 
wen  spent.    The  Propylaea  of  Maetides  toolc 
the  place  of  an  earlier  building,  of  which  the 
foundations  and  part  even  of  the  walls  nay  still 
be  seen.    The  kernel  of  the  whole  structore  is  a 
wall .  pierced  by  five  doors.    Of  these  the  ceatral 
is  largest,  and  admits  a  carriage-way ;  the  two 
on    each   side    are  raised  upon  five  steps,  s« 
approached  from  the  west ;  thoae  at  the  extreme 
sides  ^re  smallest.    The  wall  is  of  white  Psntelic 
marble,  with  a  base  of  black  Elensiaian  marble, 
such  as  may  also  be  seen  beneath  other  wslls» 
columns,  and  windows  in  the  Propylaea.    Od 
the  east  of  this  Central  wall,  fiicing  the  Acropolis, 
was  a  Doric  portico  of  six  columns,  projecting 
from  two  antae  which  terminate  on  the  east  tbi 
two  walls  which  bound  the  eatranoe-way  on  the 
north  and  south :  to  the  west  of  the  five  doois, 
there  is  between  these  two  walls  a  rectaagalar 
courts  of  which  the  roof  ia  borne  by  six  loaic 
columns  in  two  rows  parallel  to  the  north  a&d 
south  walls;  to  the  west  of  .this,. again,  is  a 


PBOPYLAEA 


PEOSCRIPTIO 


503 


portioo  of  fix  Doric  eolvmiu,  oorrenpoiiding  to 
that  upOB  the  e«tt  face :  this  west  portico  is 
ftukcd  upon  the  north  md  south  by  wings, 
fronting  one  another  with  a  face  of  three  smaller 
Doric  <»iiimns  between  antae.  The  north  wing 
is  complete,  consisting  of  a  small  hall  behind  the 
colamns  and  a  large  chamber  opening  by  a  door 
and  two  windows  into  the  hall.  This  chamber 
contained  pictures  by  Polygnotus  and  others 
{Hans.  i.  22)|  and  is  therefore  sometimes  called, 
ia  modem  works,  the  Pinncothece ;  no  trace  of 
appliances  for  fixing  pietnrea  to  the  wall  has 
been  fonod.  The  south  wlnr  was  originally 
intended  to  matdi  this,  being,  nowever,  open  to 
tlie  west,  to  face  the  bastion  with  the  temple  of 
N<Ki|:  bnt  for  some  reason,  probably  priestly 
objcctidis  to  infringement  on  the  temenos 
of  Artemis  Branronia,  the  plan  was  curtailed. 
The  north  face  was  loft  as  originally  designed, 
bnt  the  N.W.  comer  anta  with  its  architmve 
wss  left  isolated,  and  the  roof  only  continued  as 
Auras  the  third  column  towude  the  west:  the 
sontheilb  portion  also  was  omitted,  and  a  wall 
built  to  ancloae  a  portion  ohly  of  the  intended 
hall.  The  |»rincipal  west  portico  was  crowned  by 
a  pediment ;  above  this  rose  a  second  pediment, 
resting  on  thtf  central  wall,  of  the  same  height 
as  that  oTer  the  east  front.  The  north  and 
south  wings  of  the  west  front  were  covered  by 
hip  roofs  running  down  to  the  western  comer. 
These  winga  on  Uie  west  were,  in  the  original 
ifittation,  to  be  overlapped  by  two  great 
porticoes  facing  the  east,  and  occupying  the 
vhde  breadth  of  the  hill :  part  of  the  founda- 
tions of  these,  as  well  as  the  antae  to  face  their 
columns  and  the  arrangements  for  their  roofing, 
nay  still  be  traoed,  bnt  they  were  never  erected ; 
nor  were  the  blocks  left  rough  in  the  stones  of 
the  completed  waifs,  to  facilitate  transport  and 
fixing,  ever  worked  off. 

Chancier  of  worA.—- The  completed  parts  of 
the  Aropylaea  offer  perhaps  the  most  perfect 
example,  for  execution  and  finish,  of  Doric 
arehitectnre  of  the  best  period.  The  architrave 
k  slightly  curved,  as  usual ;  not  so  the  stylo* 
bate,  because  it  is  cut  in  the  middle  of  the  two 
pnadpal  ihmts  by  the  road,  which  also 
necessitates  an  exceptionally  broad  intercolum- 
fltttion  in  the  middle.  The  Ionic  colnnnu  of 
the  eentral  hill  have  the  most  perfect  specimens 
of  tiie  Attic  Ionic  capital,  and  served  as  a 
psttera  for  later  Examples.  Thev  are  of  a  quite 
Afferent  chanusterf^m  those  of  the  Erechthenm. 
The  Propylacu  are  entirely  without  architectural 
seoipture.  They  contained,  hdwever,  the  statue 
of  Hermes  Propylaeus  and  the  Charites  of 
Urates. 

Approach,  —  The  sacred  way  led  from,  the 
ttuth  side  of  the  Acmpolis  close  under  the 
bastion  on  which  stands  the  little  temple  of 
Nhnf  ttrrc^f :  thenbe  in  the  earliest  times  in 
« tigaag  track  first  to  the  S.W.  comer  of  the 
sorth  wing  (where  the  pedestal  of  Agrippa  was 
sfterwards  erected^  and  thence  to  the  central 
gtte.  la  Pericles'  time  the  direction  was  still 
tike  same,  though  the  road  was  terraced  up  to  a 
higher  level.  A  broad  flight  of  steps,  with  a 
AHighed  path  for  beasts  in  the  middle,  was  added 
in  later  Roman  times.  The  present  steps  are 
modem,  and  at  a  lower  level.  Probably  the 
sppreach  waa'  shut  off  on  the  west  by  a  wall, 
vhich  Ibnaid  the'real  barriei^  at  the  foot  ef  the 


slope ;  that  now  visible  in  this  position,  with  a 
gate,  is  of  late  construction. 

ImitcttioH.  —  A  work  of  auch  wide  fame 
naturally  gave  rise  to  imitations;  the  best 
known  are  the  two,  the  smaller  and  the  greater, 
at  Eleusis.  Pausanias  (ii.  3)  also  mentions  one 
at  Corinth. 

(Bohn,  Die  Propylaen  du  Akropoiis  zu  Athen, 
Berlin  and  Stuttgart,  1882,  where  earlier 
authorities  will  be  found;  Dt^rpfeld,'  in  the 
Miitheiiungen  d.  deutschen  Inetitut  zu  Athene 
1885,  X.  38  ff.,  131  ff.,  where  the  original 
plan  of  Mnesides  is  discussed;  Penrose,  Prin» 
ciples  of  Athenian  Architecture^  London,  1688 ; 
a  good  short  account  in  Baumeister's  Denk- 
maier  dee  khssitehen  Aitertums,  pp.  1414^ 
1422,  with  plans  and  elevations  after  Bohn  and 
DOrpfeld.)  [JL  A.  G.] 

PRdSCE'NIIJM.     [THBATBUM.J 

PBOSGLfi'818.    [LnKE.] 

PB06CBITTI0.  The  word  proicmptioy 
signifying  primarilv  the  ^  writiiig  up  **  of  any- 
tiling,  was  generally  used  to  denote  a  written 
pubfic  notice  of  sale;  protcriptio  bcnorum  was 
thus  applied  to  the  notice  of  property  sold  by 
auction :  and  amongst  goods  disposed  of  in  this 
way  would  be  the  confiscated  goods  of  jjersons 
who  were*  declared  public  enemies  by  the  state. 
It  was  -this  last  meaning,  that  of  the  sale  of 
goods  forfeited  by  the  outlawry  of  their  pos- 
sessors, that  became  specially  attached  to  the 
word  after  the  occupation  of  Rome  by  Sulla  in 
82  B.C.  Since,  however,  a  decree  of  outlawry 
by  the  state  included  not  only  the  forfeit  of 
property,  but  the  forfeit  of  life  (*'de  cipite 
dvis  et  de  bonis  proscriptio,"  Cic.  pro  8est.  80, 
65),  the  word  involved  both  significations ;  and 
the  Special  connotation  that  attached  to  it  was 
thiat  of  the  absence  of  all  protection  to  the 
lives  of  persons  so  outlawed,  who  were  them- 
selves called  proBcripti,  Sulla  was  the  first  to 
'*  proscribe "  in  this  new  sense,  and  to  make  a 
declantion  of  outlawry  against  political  enemies 
a  deBnite  political  measure  (Veil.  ii.  28,  3; 
App.  Bell.  Civ,  i.  9o>  The  form  which  the 
measure  took  was  the  potting  up  of  a  list 
setting  forth  the  names  of  the  victims,  with 
certain  decrees  necessary  for  its  execution  at- 
tached. Thus  this  notice  did  not  merely  give 
the  passive  permission  to  take  the  lives  of  the 
persons  so  outlawed,  which  was  recognised  by 
the  Roman'  law  (Festus;  s.  v.  Jocer),  bnt  offered 
rewards,  both  for  inlformation  which  might  lead 
to  their  death,  and  for  their  execution  at  the 
hands  of  either  dtisens  or  slaves ;  while  it  im- 
posed penalties  on  those  who  should  seek  to 
protect  them  (App.  Belt,  Oiv.  i.  95).  This  pro- 
scription of  large  numbers  of  Roman  citizens  by 
Sulla,  although  an  act  of  individual  policy,  and 
in  part  perhaps  an  act  of  vengeance,  was  yet 
supported  by  a  political  pretext.  This  was  a 
declaration  that  they  were  hostes,  or  enemies  to 
the  state,  through  their  eomplidty  with  its 
foreign  foes;  and  enemies  besides  that  had 
forfeited  all  claims  to  protection,  through  the 
breach  of  the  covenant  thnt  Sulla  had  made 
with  the  consul  Scipio,  and  which,  he  main- 
tained, bound  all  the  Marian  party.  All  coa- 
nirance  with  his  enemies  subsequent  to  the 
date  of  this  treaty  was  suffident  to  place  a 
man's  name  on  the  list  (App.  »b.),  and  the 
confiscation  of  property  was  applied  not  only 


504 


PEOSCBIFriO 


PROSTATES  TOU  DEMOU 


to  those  proscribed  at  Rome,  bat  to  all  who  had 
fallen  in  the  ranks  of  his  opponents  (Cic  pro 
Ro9C,  Amer,  43,  126).  The  fact  that  those 
proscribed  were  regarded  as  hostes  natvrally 
affected  the  status  of  their  children  and  de- 
scendants who  suffered  a  oapitia  deminutia.  This 
loss  of  status  was  not  rigorously  carried  out, 
however,  and  they  were  only  disfranchised  for 
certain  purposes  which  were  speciBed  (Plut. 
Sulhy  31).  They  were  debarred  from  all  public 
offices  in  the  state,  but  yet  not  entirely  de- 
graded from  their  social  position,  for  one  of  the 
ordinances  declared  that  the  sons  of  senators, 
while  excluded  from  the  privileges  of  their 
order,  should  yet  undertake  its  burdens  (Veil, 
ii.  28,  3).  They  seem  also  to  have  been  for- 
bidden certain  private  rights,  such  as  the  ac- 
ceptance of  legacies ;  and  the  spirit,  if  not  the 
letter,  of  the  law  that  sanctioned  Sulla's 
arrangements  seems  even  to  have  cut  them  off 
from  «11  active  assistance  at  the  hands  of  their 
fellow-citixens  (Cic  in  Verr,  i.  47,  123).  The 
effect  was  to  debar  them  as  far  as  possible  from 
all  chances  of  a  public  career  (*'a  republica 
snmmoveri,"  Cic  ap.  Quinct.  ii.  1,  85X  which, 
considering  the  hereditary  policy  of  Roman 
houses,  was  no  doubt  the  deliberate  design  of 
Sulla,  to  further  the  permauence  of  his  consti- 
tution. The  authorities  on  the  SuUan  pro- 
scriptions agree  generally  that  the  proscription 
list  was  published  before  the  dictatorial  power 
was  conferred  on  Sulla  (Plut.  SMla,  32 ;  App. 
Dell,  Cio.  i.  97).  When  it  was  conferred,  a 
retrospective  sanction  was  given  to  his  acts, 
and  a  special  clause  granted  him  the  power  to 
adjudicate  on  the  lives  and  property  of  the 
citizens  (Plut.  ib, ;  Cic.  de  Leg.  Agr,  iii.  2,  7). 
The  law  which  conferred  these  powers  on  Sulla 
was  the  Lex  Valeria,  passed  by  the  interrex  L. 
Valerius  Flaccus  (App.  BM.  Civ,  i.  98) :  a  law, 
however,  which  was  so  entirely  the  work  of 
Sulla,  and  so  intimately  bound  up  with  his  own 
subsequent  legislation,  that  Cicero  calls  it  in- 
differently the  Lex  Valeria  or  Cornelia  (Cic  in 
Verr,  i.  47,  123).  These  acts  may,  however, 
have  received  a  farther  legal  sanction  from 
Sulla  himself,  and  Cicero's  language  rather  im- 
plies that  they  did  (Cic  ap,  Quinct.  ii.  1,  85). 
The  legality  of  these  regulations  was  never 
questioned;  Cicero,  while  affirming  their  in- 
justice, never  doubts  their  legality  (de  Leg,  i, 
15):  and  the  disabilities  imposed  on  the 
children  of  the  proscribed  still  remained  m 
force  after  many  of  Sulla's  laws  had  been  re- 
pealed, and  was  the  one  point  in  his  legislation 
which  neither  the  democratic  nor  the  moderate 
aristocratic  party  ventured  to  assail.  The 
number  actually  put  to  death  in  the  Sullan 
proscriptions  is  variously  given :  subsequent 
additions  were  continually  being  made  until  the 
list  was  complete  (App.  i.  95  ;  Plut.  SuUa,  31), 
but  the  total  of  4,700,  that  is  given  by  Valerius 
Maximus  (ix.  2,  1),  of  which  2,000  were 
senators  and  equites,  is  probsbly  not  above  the 
mark.  This  proscription  of  Sulla  was  merely 
the  legalised  form  of  the  massacre  and  confis- 
cation which  his  opponents,  the  Marians,  had 
conducted  in  a  hardly  less  destructive,  though 
more  informal,  manner.  It  was  no  donbt  re- 
l^arded  by  its  author  aa  necessary  to  his  work 
of  re-organisntion ;  and  was  almost  an  inevitable 
x«snlt  of  the  first  use  of  the  military  power  for 


this  purpose.    So  far  as  it  was  a  neeeseity  of 
the  times,  it  was  rendered  so  by  the  absence  of 
the  punishment  of  death  in  Roman  law,  and  br 
the  growing  extent  of  the  Roman  Empire,  which 
rendered  the  exiling  of  opponents  uselea  and 
even  dangerous.    In  Sulla's  case  it  was  rendered 
more  desirable  by  the  necessity  he  was  under  of 
raising    revenues  to  recompense    bis   soldiers. 
After  Sulla  it  waa  regarded  as  the  natural,  and 
almost    necessary   consequence,  of  any  riolent 
restoration.     Had  Pompey  been   rictorioas  ia 
the  civil  war,  his  victory  would  almost  certainly 
have  been  followed  by  a  proscription  (Cic.  ad 
AH,  ix.  10,  6;  xi.  6,  2);  while  the  same  fesrs 
were  entertained,  by  the  moderate  party  at 
Rome,  of  the  probable  conduct  of  Caesar,  if  he 
became  master  of  the  city  (Cic  ad  Alt.  ix.  7, 5; 
X.  8, 2).    The  assassination  of  Caesar  by  those 
whom  he  had  spared  gave  an  impetus  to  the 
next  proecription,  and  a  plausible  excuse  for  iu 
advisability  (App.  Bell,  Civ.  it.  8).    The  prece- 
dent set  by  Sulla  was  taken  up  with  still  more 
vigour    by  the  triumvirs    Antony,   Octavisa, 
and  Lepidns,  in  43  ac.  (Saet.  Oct  27 ;  App. 
Civ,  Bell,  iv.  5).     The  number  of  the  upper 
classes  now  proscribed  exceeded  that  of  Salla. 
For  the  party  chiefly  aimed  at  by  the  triumvirs 
waa  that  of  the   optimatez  (o2   Sviwref,  ^pp. 
iv.  5),  the  strict  constitutional  party,  whose 
power  it  was  necessary  to  break  down;  and 
accordingly  2,000   equites    and    300   senators 
were  m  the  list.    The  proscription  was  carried 
out  from  motives  of  personal  hatred,  except 
perhaps  on  the  part  of  Octarian,  quite  as  much 
as  from  such  considerations  of  political  necessity 
as  were  recognised  by  Sulla.    The  motive  of 
raising  money  by  confiscation  was  still  more 
present    in    this    proecription,    while   private 
enmity  and  private  greed  played  a  large  part 
in   it  (App.  Bell,  Civ.  iv.  5>      But  in  other 
respects  this  second  proscription  was  directed 
by  stricter  adherence  to  the  forms  of  law.  It  did 
not  definitely  commence    until   the  triumrirs 
had    been    invested    with  their    extnordioary 
powers  reipublioas  constituendae  (Liv.  £p,  20, 24 ; 
App.  Bell.  Civ,  iv.  7),  although  a  prelimiosr>' 
proscription  of  sixteen  persons,  amongst  whom 
was  Cicero,  had  been  carried  out  by  the  consul 
Pedius,  on  a  mandate  from  the  triumvira    In 
other  respects  the  proecription  resembled  thst 
of  Sulla,  and  waa  directed  by  the  same  snppoMd 
necessities,  but,  in  that  It  aimed  more  definiteir 
at  the  dissolution  of  a  speci6o  party  in  the 
state,  its  effects  were  more  permanently  f«U; 
it  assuted  in  destroying  a  section  of  the  com- 
munity that  had  united  interests  opposed  to- 
those  of   the  rising  monarchy  (Tac  An^  i- 
2,1).  •  [A.H.a] 

PR0STA8.  [DOMOT,  Vol.  I.  p.  662  6.] 
PROSTATES.  FLiBERTUS;  UwtOtCL} 
PBO'STATEB  TOU  DEBCOU  (wpeininir 
rou  9^iftJ0v)  *'  denotes  the  leader  of  a  popour 
party,  as  opposed  to  an  oligarchical  party  {^ 
Thuc  iii.  70  [82],  iv.  66,  vi.  Sb\  in  a  form  of 
government  either  entirely  democratical,  or  st 
least  in  which  the  public  assembly  U  freq^f!"^ 
convoked  and  decides  on  many  matters  ot  im- 
portance." (Grot'e,  Hist,  ef  Gr.  vii.  p.  304  n.) 
Its  meaning  is  practically  the  same  u  hi*' 
y»y6s  (Stephan.  Byx.  <i|^««s*  hni/^jf^^  * 
wpocimyK^t  9iftw :  cf.  Plat.  Mep,  riiL  p.  56a  t. 


PBOSTATES  TOU  DEMOU 

wpoiar€ur0m  imnov :  thus  Pericles,  whom  Thu- 
tfjdides  (i.  127)  describes  as  Svysn^orof  r«y 
M^  4avr2r  mi  Aymw  riiv  voAircioy,  is  called 
^^MrywT^f  by  Isocntes  (de  Pace,  §  126;    de 
Permut.  §  234X  and  vpotfrinff  ri)f  ir({Ac»s  by 
Xenophon  {Memor.  i.  2,  40).  Thucydides  applies 
the  word  to  Theramenes  (riii.  89 ;  cf.  viii.  65, 
'Ar^pSKX^A — rod  9i|jHOU  fulUurra  "wpowrirroy  and 
Ti  28»  'AAiri^Mt^  i/iMoMnf  vtrri  vipifft  fiii  airrois 
Totf  lift/iMf  jlc^oMff  wpoff0T<ivai),  Xenophon  to 
Archidemiu  {BMen.  i.  7,  2 ;  cf.  Aristoph.  Ban. 
417X  Aristophanes  {San,  569)  to  Cleon,  Pla- 
tarcy  (Cim.  15)  to  Kphialtes,  Aeschines  (F.  X. 
1 176)  to  Thrasybulns  and  Archinus,  etc.    And 
just  as  the  person  who  had  placed  himself  at 
the  head   of  the  people  was  called  wpoerdnis 
rev  H^iMK,  the  most  inflnential  member  of  the 
lenate  might    be   said  to  be  wpoorJaiis   r%s 
$nXns  (Dem.  c.  Afidrot,  p.  591,  ar^tn,), — In 
0.  Mailer's  opinion  {Dorians,  ii.  p.  149)  w/m* 
oT^nrt  was  also  the  title  of  a  particular  roagis- 
trscy  which  existed  in  all  the  Dorian  states  in 
which  the  gorenunent  was  democratical,  and 
6.  C.  HiiUer  (<k  Corcyr,  Btp.  p.  49  ff.)  considers 
•s  pnblic  oflioers  the  wpotfrircu  rov  S^/cov  in 
Corcyra  (Thac  iiL  70,  75 ;  iv.  46X  in  Megara 
(Thnc  iv.  66^  in  ElU  (Xen.  BdUn,  iii.  2,  27, 
30X  in  Mantineia  (tWtf.  r.  2,  3X  in  Argos  and 
Heradea  (A«n.  Po/.  11),  in  Syracuse  (Thuc.  vi. 
35).    Wachsmnth  {HdL  Altert.  i.  2,  p.  435  ff.), 
on  the  other  hand,  thinks  that  the  term  is  a 
general  one,  sometimes  implying  a  particular 
office  and  sometimes  not,  but  that  even  in  the 
former  case  the  title  of  the  magistrate  was  not 
Hfiov  trpoffrdniSf  but  something  else,  such  e.g, 
u  ^fimvpy6s,  which  is  lost  to  us  in  the  general 
appellation.     Wachamuth  is  no  doubt  right  in 
denying  that  the  term  always  denoted  a  par- 
ticular oliicer ;  thus  Athenagoros  was  evidently 
iwt  one,  as  the  connexion  shows :  4p  t^  wop^m 
nfoMrrarof  rots  in\kois  (Thuc.  vi.  35);  but 
be  goes  too  far  in  saving  that  irpotrrdriis  rov 
Hliov  was  not  the  official  title  where  a  magis* 
trate  waa  denoted.    That  this  was  the  case  is 
evident   from    inscriptions;  thus  in  a  Tegean 
decree  conferring  proxenia  there  occur  wpo<rri- 
roi  rev  Sc^v,  three    in    number,   trrpttroiyoi 
(elevenX  fm^X'^'t  ypaftfuer^^s^  and  Upths  rift 
'Mn^h  (Dittenberger,  Syli,  /.  Or.  No.  317), 
and  Sanppe  (Cbmm.  de  Itt  Tegeat  p.  4)  ex- 
presses an  opinion  that  in  Argos  too  it  was  the 
title  of  a  magistrate.      Tlpomdrfit    was    the 
official  title  of  functionaries  of  the  most  dif- 
ferent kinds.    The  Chaonians,  whom  Herodotus 
(il  56,  V.   127)  considers  aa  Hellenic,  whilst 
Thucydides  (ii.  80)  calls  them  fidpfiapot,  had  in 
the  tine  of  the  Pelopounesian  war  two  presi- 
dents ( j«r  ifyovpro  kw  iniiri^  wpotrreurl^  4k  rov 
^umo  T^PMw  ♦.  Kol  N.,  Thuc.  /.  c,\  whilst 
other  tribes  of  Epirus,  such  as  the  Molossians, 
had  kings;  when  afterwards  these  tribes  were 
uited  probably  by  Tharypas  {^  primus  leges  et 
Knatam  annnosque  magistratus  et  rei  publicae 
fonnam   composuit,*'  Justin.    17,  3;   cf.  Plut. 
fyrrk,  1).  wpearcfrrai  were  the  annual  mngis- 
trates  of  the  single  tribes  under  the  king,  €.g, 
of  the  Molossians :  ^irl  wpovrdra  Atvxdpov  .... 
^(c  To7f  MoXo<r<rors  (Dittenberger,  Ko.  322) ; 
M   $nriA/os    NcovtoA^/aov    'AAc(<{i'8pov,    M 
vporrira  A4pKa  VioXxHromp  (/.  c.  No.  324),  and 
yl^eie  itpoardroi  continued  even  after  the  abo- 
lition of  royalty,  e.^.  arparayovrros  'Airci^errojr 


PBOSTATES  TOU  DEMOU  .  505 

AiMTtw^a  Kap«^v  "wpwrcrortioarros  VLoXotrvmr 
'ExcAdov  U9^Apw  (/.  c.  No.  442;  cf.  No.  443). 
— ^The  symmories  of  Teot  (which  were  analogona 
rather  to  the  gttUes  than  to  the  phratries  of 
Athens,  as  Grote  suggests,  Uiai,  cf  Or.  iii. 
p.  186)  had  each  four  «po<rrdrai,  who  held  office 
one  year  (C  /.  G,  No.  306). — In  some  statea 
the  rfNKTrdrai  seem  to  have  been  a  kind  of 
executive  of  the  ^X4,  analogous  to  the 
Athenian  irpirrdre u,  who  drew  np  the  decrees  r 
thus  in  Calymna  the  decreet  of  politeia  are 
usually  headed,  ISo^c  rq,  fiovMf  koL  r^  Hp^t 
yv^fM  mpoorwrav  {Brit,  Mus,  Gk.  Inter,  ii.  No. 
232,  233,  235,  etc.) ;  a  decree  of  the  people  of 
Cnidus  which  appears  to  relate  to  the  purifica- 
tion of  a  temple  of  Dionysus  begins,  loo^c  Kpi^ 
8loi[r  yr}Afut  wpoffraT[or]  (Newton,  BcUicam., 
Cnid.  and  Branck^  p.  753,  No.  36);  yp^/ta 
vpoararap  stands  in  the  heading  of  a  decree 
of  Cos  about  the  public  proclamation  of  a 
crown,  etc  (Cauer,'  No.  165).  In  Calymna  the 
wpoardrai  were  charged  with  inscribing  decreet 
and  setting  them  up  {Brit,  Mus.  Inscr,  ii.  No. 
242);  they  had  to  assign  by  lot  the  new 
citixens  to  the  phylae  and  demi  {ind.  No.  242, 
253),  and  kept  the  public  seal  {Urid.  No.  299), 
just  iiB  the  4wun'4fnis  rm»  9pvrap4wy  at  Athens. 
In  the  decree  of  lulls  concerning  the  export  of 
red  ochre,  denunciations  of  those  contravening 
were  to  be  made  to  the  wpofrrdroi  (C.  /.  A.  ii. 
No.  546  =  Hicks,  Manual,  No.  108X  just  as  the 
impeachment  against  the  corn-dealers  was  in 
the  first  instance  laid  before  the  wpvrdvus  at 
Athens  (Lys.  adv,  Fnanent.),  In  other  states,, 
however,  the  irpoardrtu  had  apparently  different 
functions.  Thus  in  lasus,  where  wfwvdycif  were 
the  executive  of  the  senate,  they  were  in  Hicks' 
opinion  **  a  board  concerned  with  the  admission 
of  strangers  to  the  citizenship,  and  the  keeping 
of  a  register  of  citixens  "  {Joum,  Ne(L  Soc,  viii. 
p.  107).  Hence  the  wpo^r^ai  were  enjoined  in 
a  decree  {yvAfiri  wpvroptmp)  to  bring  a  proposal 
before  the  $ovKii  for  the  admission  of  certain 
strangers  of  Priene  to  citixenship  {Brit,  Mta^ 
iii.  1,  No.  420 ;  cf.  the  lasian  decree  in  Joum. 
Hell,  Soc.  viii.  p.  112,  where  the  w^oordrm  and 
o'TpariiTol  together  propose  the  grant  of  honours, 
to  Teleutias),  and  were  charged  in  another 
decree  {C.  I.  G.  No.  2676)  to  select  the  place 
where  a  decree  of  politeia  should  be  inscribed 
(cf.  C.  L  G.  No.  2008= Hicks,  Manual,  No.  98,. 
Amphipolitf) ;  hence  they  had  to  seal  the  boxes- 
supplied  to  the  six  ycervoMU  (one  from  each 
tribe),  who  collected  the  vouchers  of  those  who 
attended  the  popular  assembly,  the  wpoardrai 
at  the  close  of  the  meeting  examining  the 
vouchers  and  authorising  the  |iayment  of  the 
ecclesiaetioon.  In  a  Thasian  decree,  too,  a  vpo- 
orifnis  is  mentioned,  who  is  evidently  concerned 
with  the  restoration  of  outlawed  members  of 
the  oligarchical  party  to  civic  rights  upon  their 
return  (Joum.  Bell,  Soc.  viii.  p.  401  ff.),  and 
Newton  {Brit.  Mus.  ii.  p.  114)  sees  in  the  wpo^ 
erdrai  vol  ahp  Xapipp  in  a  Rhodian  inscription 
a  board  **  whose  function  was  to  take  care  of 
strangers  and  of  those  who  had  no  civic  rights," 
and  similarly  explains  the  fifteen  wpotfrdrai  in 
the  epigram  on  the  base  of  a  statue  of  Hermes 
found  by  him  at  Cnidus  {Halkofn.,  Cnid,  and 
Branch.,  p.  749,  No.  31),  though  the  Cnidian 
inscription  Ko.  36  (referred  to  above)  would 
rather    point    to   wpoardfra^    having  had   the 


506 


PB08TIMEMA 


fanction  of  the  Athenian  vfyv-r^it.— A  decree 
of  Dyme  conferring  citizenship  mentions  a  $o^ 
Xapxoiy  a  nrpoarinraa,  and  a  ypofi^Atertariis  8a/A0- 
tfio^AidUwr  (Dittenberger,  No.  316sCauer,* 
No.  267) :  here  wpoardroi  teems  to  denote  the 
president  of  the  popular  assembly,  just  as  two 
fpo&rort^Qrrts  r^s  ^KicAi}<rfat  occur  in  an  in- 
scription from  Hrpata  (Khangab^  No.  748). 
Two  vpoordra*  presided  orer  the  council  (trwi^ 
8pioy)  of  the  AcFtolian  league  (Rhangabi^  No.  692 
sCaner,*  No.  239  si«6  >{n.).  (Gilbert,  Staatt- 
attm-th,  ii.  p(u$im.)  _[H.  H.] 

PBOSTIME'MA  (wftwrrtftiffta).    [Timeili.] 
PROSTO'ON.    [DOMUS,  Vol.  I.  p.  662.] 
PROBTY'LOS.    [Templum.] 

•  PBOTHBSIS.    |TuKD8,] 
PBOTHE'SBUA  (wpodtirfiUt)  means  gene- 

rallj  an'  appointed  time :  thus  in  Aeschio.  o, 
f^nu  §  39,  A  r»r  ikKri  inhere  rwa&nii  yiyort 
i^poHtrida,  the  scholiast  explains  the  term  kotci- 

XpnitrttK&s  AktI  rov  xp^^^^  "^^^  ^i*™  ^ 
specially  applied  (1)  to  the  time  which  was 
allowed  by  law  to  a  defendant  for  paying 
damages,  after  the  expiration  of  which,  if  he 
had  not  paid  them,  he  was  called  ^mp^fi§pas 
(Harpocr.  s.  v. ;  or  Oirwffwp69*(rfi»Sf  Suid.  s.  v. ; 
or  iicwp69^&fioif  Schol.  Dem.  c.  Mid.  p.  540, 
22);  the  accuser  might  allow  the  defendant  * 
longer  time  than  the  law  fixed  (iufafidA\mr0tu 
T^y  ^tpnifupiaiff  [Dem.]  c.  Everg,  p.  1154, 
f  49  f.,  etc). 

(2)  Prothesmia  denotes  the  term  limited  for 
bringing  actions  and  prosecutions  at  Athens. 
In  all  systems  of  jurispmdenoe  seme  limitation 
of  this  sort  has  been  prescribed  for  the  sake  of 
securing  possession,  ^nd  preventing  ▼exatious 
litigation  (cf.  Isocr.  Arcktd,  §  26,  rks  ttHi<r€t9 
ttul  rhs  liiat  Kol  riis  Kotwisj  i»  irty4r9iTat 
'tohhs  xp^^h  icvpUa  irol  v«rp^$af  B,waFT9s  efycu 
iwii(Qwrtp),  The  Atheninn  rtif  'rpo$t<rfMlas 
popuos  corresponds  to  our  Statute  of  Limitations. 
The  time  for  commencing  actions  to  recover 
debts,*  or  litigation  with  guardians,  appears  to 
have  been  limited  to  fire  years  at  Athens  (Dem. 
pro  Phorm,  p.  952,  §  26  f.,  in  a  Mkh  h^itSis^ 
<k  NausmL  p.  989,  §  17  f. ;  p.  993,  §  27  ;  cf. 
Plat.  Legg.  xi.  p.  928  C,  fi4xpi  W^re  4t&¥  4^ 
tto6fffif  rrit  iwtrp&w^s  l<rr»  Sfmyy  Aaxtu'  ^t- 
rpovfoi).  Inheritance  causes  stood  on  a  peculiar 
footing.  When  an  estate  had  been  adjudged  to 
a  party,  he  was  still  liable  to  an  action  at  the 
suit  of  a  new  claimant  for  the  whole  period  of 
his  life  fisae.  Dioatog.  §§  7,  35,  etc.)  and  his 
heir  for  fi?e  years  afterwards  (Isae.  Pyrrh.  §  58, 
and  SchSmann  ad  /.  A  p.  257  and  p.  432  *,  cf. 
Dem.  c.  Maeart,  p.  1055,  §  16,  lex).  We  do  not 
know  the  limit  of  time  for  claiming  an  MicXij- 
por  who  had  been  already  adjudged  by  the 
archon,  but  CaiHemer*s  suggestion  is  very 
piDbable  that  she  could  not  be  claimed  after 
having  given  birth  to  a  son  (Le  Droit  de  Sue- 
casioH  LTjit.  p.  42).  The  liability  of  ball 
continued  only  for  a  year,  according  to  Dem. 
a  Apahur  p.  901,  §  27  (rks  irY^  iw^rtlous 
clirai);  Gaillemer  (^La  PreaonptUm,  etc.  p.  18  ff.) 
Ittoits  this  law  to  commeroial  transactions,  and 
Thalheim  (ReckUalteri,  p.  92,  n.  2)  quotes 
.C.  /.  A,  ii.  No.  565,  1.  3,  No.  1056,  No.  1058, 

*  In  king  Antlgonus*  letter  to  the  TeUns  one  year  is 
flxed  as  limit  (DIttenberBcr.  SyU.  I.  Gr.  No.  126, 
1.  38  ir.  ( Hicks,  jranuol.  No.  149  A,  ^  f ).  • 


PBOVINOA 

1.  20,  to  show  that  the  liability  of  sufHies  for 
leases  continued  longer.*  It  is  doubtful  whether 
any  period  was  prescribed  for  bringing  criminal 
prosecutions,!  *t  least  for  offences  of  the  more 
serious  kind,  though  of  course  there  would  be 
an  indisposition  in  the  jury  to  convict,  if  a  long 
time  had  elapsed  since  the  offence  was  com- 
mitted.  A  oharge  of  wounding  with  intent 
was  brought  four  years  afler  the  affiur  (Lys. 
e,  Sim,  $$  19,  39) ;  Lycargus  proceeded  against 
Leocrates  nearly  eight  years  after  the  latter^s 
flight ;  we  know  from  Lys.  pro  Sacra  OUoj 
$  17,  that  there  was  no  fixed  time  after  which 
the  liability  of  one  who  had  uprooted  a  moris 
ceased,  but  on  the  other  hand  Lipsius  condudei 
Ikrom  Dem.  c.  Ariskior,  p.  646,  {  60,  that  there 
was  a  limit  of  time  in  a  ypmp^  i^wou.  The 
Tpo^  wupo96im¥  could  only  be  brought  against 
the  proposer  of  a  law  or  psephosma  within 
a  year  after  the  propounding  of  it  (Dem. 
c.  Lept.  p.  501,  §  144;  cf.  argum^  p.  453); 
and  tho  eMirwu  against  magistrates  were 
limited  to  a  cerUin  peiiod  (Pollnx,  vui.  45X 
viz.  thirty  days  according  to  Boockh,  Stkh.  i.' 
p.*  242.  {AU,  P^rvcess^  ed.  Lipnus,  p.  963  ff., 
p.838ff.)  rC.  R.  K.]    [H.H.] 

PBOTHYBON.    [Domus,  Vol.  L  p.  661.] 

PBOTBYGAEA  (w^fi^a)»  a  festiral 
oelebmted  in  honour  of  Dionysus  and  Poscidoa 
(Hesych.  s.  o. ;  Aelian,  V.  B.  tii.  41 ;  cf.  M 
uporp^TOiOi,  Poll.  i.  24).  The  origin  and  mode  d 
celebration  of  this  festival  at  Tyre  are  described 
by  Achilles  Tatius  (U.  tme.).  On  the  assodatioa 
of  Poseidon,  see  Plut»  Symp.  5,  1 ;  Preller,  Gr. 
JfyM.  i.  554.  [LS.]    [G.  £.11.] 

PBOVrNCIA.  ThU  term  had  originaUy  no 
geographical  signification,  but*  denoted  the 
ftmctions  prescr&d  for  a  Rom«a  magistrate  by 
law,  custom,  or  agreement  (e.g.  vrbcma  promncia, 
lav.  xzxi.  6).  Whether  it  is  derived  from  pro- 
vineef^  (as  is  suggested  by  Festns)  or  is  sa 
abbreviated  form  of  protidmtiOj  is  a  moot  point 
among  scholars  and  need  not  be  *^tf»wtf— J  here. 
Naturally  enough  it  was  employed  to  express  s 
hostile  district  or  territory  assigned  to  a  Roman 
general  as  the  field  of  his  operations,  and  thence 
acquirod  its.  special  geographical  iauBaning  as  a 
oountry  outside .  Italy  under  Roman  dominion 
and  governed  by  a  magistrate  of  Rome. 

The  Roman  State,  in  its  com|^te  development, 
consisted  of  two  parts  with  distinct  oiyaniMtions, 
Italy  *and  the  Provinces.  Its  pro^iacial  do- 
minions commenced  with  Sicily,  which  beeasie 
a  Roman  province  B.a  241  (Cic'  m  Verr.  ii.  1, 
2) :  Sardinia  was  added  six  yean  later,  and  the 
two  Spains  ac  179:  by  the  thne  at  nrhich  tbe 
Bepublic  gave  place  to  the  fimpire  the  Aomaa 
sway  had  been  extended  over  Omal,  lUyricam, 
Macedonia,  Greece,  parts  of  AlUca,  and  most  oi 
Asia :  in  B.a  50  there  were  fbi^^n  provincise, 
a  list  of  which  is  given  by  Mr.  Watson  in  his 
edition  of  Cicero's  LettMS,  p.  287^  nste*    The 


*  For  ^hesQs.  see  l>iUeabei«er,  S9U.  1,  Or,  No.  344, 
1.  42  ff. ;  d  the  Letasdesn  teildlng  cooftract,  Md, 
Ko.  353. 1. 25  ff.  In  Hetsclea  bail  Is  renewed  ewtrj  five 
years  (C.  /.  G.  No.  5Y74, 1. 140=Csuer.*  So.  4«,  L  UO). 

f  In  a  Teian  Inscription  (PIttenb.  No.  S4B,  1.  M  ff.) 
mLBappropristion  of  certain  pnbllc  moocTs  Is  pot  oo  s 
level  with  tfpoavX«a,  and  consequently  #^po0«7/i«f  M 
fii}M   aXXtf   rpAmf   fAi|drrl   t^VTM  fw  Buat9 


PBOVINCIA 


PROVINCIA 


607 


ori^sBtfatMB  of  a  tmw  tenitoiy,  oa  its  oonqueit, 
did  not   proofed  upon  uiiiform  and  inflexible 
lines.    The  conquering  general  as  a  rule  sketched 
its  Hiain  prinoiplesy  subject  to  the  approval  of 
the  senate  (Pint.  McarceU,  23;  Appian,  de  Bell 
Ci9,  ii.  9X  though  in  Tery  unportaut  esses  the 
latter  sent  a  commission  of  its  own  members, 
usually  ten  in  number,  with  instructions  for  his 
guidance  (Lit.  zIt.  17 ;  Appian,  de  reb.  ffitp,  99, 
dt  nL  Ftm,  135 ;  Sallust,  Jug.  16 ;  Pint.  LvcuU. 
35,  36)b     The  forma  praomcfae  was  thus  given 
cither  hj  a  magisterial  decMe  issued  by  the 
commaiiding  consul  or  other  magistrate  in  virtue 
of  hia  Imperium,  or  by  a  senatusconsoltum, 
which  In  both  cases  was  loosely  known  as  a  iejc 
and  named  after  its  immediate  author.    The 
fint  regolatioBs  for  Sicily,  for  instance,  were 
made  by   Marcellus  (Lit.  zxt.  40),  but  more 
compreh«HiTe  and  .minnte  proTisions  were  laid 
down  BJO.  131  by  P.  Bupilius  (Cic  m  Verr.  li. 
1(»,  39;  Val.  Max.  Ti  9,B):  similarly  we  read 
of  a  Lex  Ponpcia  in  Pontns  and  sBithyaia  (Plin. 
Ep.  z.  83,  ko.)f  a  Lex  Lentnli  in  Cyprus  (Cic 
ad  Film.  xiiL  48X  and  a  Lex  Mnmmia  in  Aohaia. 
The  atrangementa   made  by  such    ordinances 
coaoemed  prunarily.  the  fields  of  finance  and 
jodioature,  and    inrariably  eompriaod  a  Tery 
minute  diTisioa  of  the  country  into  districts  for 
purposes  tff  taxation.     But  when    they   had 
seeaiad    themselTes   agamst    rebellion  by  ex- 
tingnishing    leagnea   ud    combinations  which 
might  en£inger  tfaeiz  supremacy,  and  providad 
for  the  collection  of  the  revenne,  the  Komana, 
ao  fiur  aa  they  found  it  possible,  left  preexisting 
iastitutions  intact.    In  Sicily,  for  instance,  the 
Lex  Uiexonicai  the  judicial  and  financial  regola- 
IstioBs  established  by  Hiero  the  ally,  of  I&me, 
were  maintained  m  their  entirety,  and  no  Roman 
goTemor,  according  to  Cicero  (m  Verr.  iii.  6, 
12^ 5X  was  koown  to  riolate  them  till  the  time 
of  Verres^     [DconitAfi.]    The  same  policy  was 
followed  in  figypt  (Marquardt,  £9m,  Stcutner^ 
wdtmg^  i.  279-296)  and  in  the  Greek  East.    It 
is  of  the  organisatioD  of  Sicily  that  .we  haTe  the 
fnllesi  knowledge,  £rom  the  large  notices  of  the 
subject  in  the  Verrine  orationa  of  (Cicero.    The 
ialsad  was  diTided  into  an  eastern  And  a  western 
district,  ,wiUi  Syracuse  as  the  capital  of  the 
former  and  Lilybaemn  of  the  latter :  a  quaestor 
resided   at    ei^sh,  receiTxng    from  the  Roman 
.Peranum  the  sums  necessary  for  the  admini- 
stration of  his  district,  and  collecting  tha  taxes, 
except  thoae  which  were  .lot  out  by  the  oensors 
St  fisme.    The-  towns  weie  not  all  treated  in 
ths  ssme  manner. :  Messaoa,  Tanromenitun,  and 
Netnm  waxe  made  FoxDSRMTAe  Civftates  and 
ntained  their  land.     Five  other  cities,  among 
thsm  iPanormua  and  Segeeta,  were  **  Libefae  et 
Imssanes," — that  is,  thay  paid  no  tithe ;  >  but  it 
(kiss  jM»t  appear  whether -they  .were  free  fh>m 
the  bhrdens.  to  whieh  the  foedervdat  cimtatei.nM 
suck  were  sabject  byvirtae  of  their /octfas  with 
Rome.     Serenteett   cenqnered  towns  forfeited 
their  land,  which  was  restored  (as  Posseaaio,  not 
in  sbsolote  ownership)  on  cotidition  of   thsir 
paying  the  decumae  and  scriptutxu    The  towns 
vhich  paid  tithe  were  called   bv*  the  general 
vsme  of  Stipendiariae.    The  settlement  of  the 
monidpal  constitutions  of  the  towns  was  gene- 
rsliy  left  to  the  eitixens ;  but  in  some  instances, 
ss  in  th^  of  C.  Clandius  Marcellus  and  Alesa,  a 
esnstitation  was  given  hy  some  Roman*  at  the 


request^  as  it  ai^>ears»  of  the  tovm.  The  Senate 
and  the  People  still  continued  as  the  component 
parts  of  the  old  Greek  cities.  Cioeio  (m  V^rr, 
ii.  55,  137.  &C.)  mentions  a  hodj  of  130  men, 
called  Censors,  who  were  appointed  to  take  the 
census  of  Sicily  overy  five  years  after  the  Roman 
fashion.  The  Isknd  was  also  bound  to  furnish 
and  maintain  soldiers  and  sailors  for  the  service 
of  the  state,  and  to  pay  tributum  for  the  carrying 
on  of  wars ;  and  B<«ne  also  appropriated  the 
Portoria  or  harbour  dues,  which  were  let  out  to 
persons  in  the  metropolis  to  farm.  -  The  goTornor 
might  take  provisiona  for  the  use  of  himself  and 
his  oohors  on  condition  of  paying  for  them.  In 
the  condition  of  the  two  Spanish  provinces  there 
was  greater  diTersity.  Pliny  (2r.  iV*.  iiJ.  §  7) 
mentions  Calonlae,  Municipia  or  Gppida  Cirium 
Romanorum,  Latini  veteres  or  -  towns  *'  Latio 
antiquitus  donata,V  Foederati,  and  Oppida  Stipen- 
dtaria*  The  dtstcibution  of  ths  proTincial  terri- 
tory into  fara  or  conoentua  for  judicial  purposes, 
which  is  spoken  of  below,  seems  to  haveeome- 
times  caus(Bd  great  confusion,  especially  in  the 
East.  Stnbo  remarks  (xiii.  p.  629)  that  the 
boundaries  of  Phrygia,  Lydia^  Caria,  and  Myaia 
were  confused,  and  that  the  Romans  had  added 
to  the  complication  by  not  attending  to  the 
subsisting  national  divisions,  but  making  the 
administrative  divisloaa  (jitout^fftis)  different, 
in  which  are  the  Fora  (iyopds^  MS.)  and  the 
administration  of  justice^  The  word  iyopit  pro- 
bably represents  oonveniuB  (as  to  the  i^iag, 
see  Casattbon*s  note). 
.  The  first  provincial  goTemors  were  praetors 
specially  created  for  the  purpose,  in  addition  to 
the  two  praetors  who  administered  justice  at 
Rome  (Liv.  JSpit  20).  They  held  office  for  a 
year  only,  except  in  Spain,  where  a  Lex  Baebia 
for  some  while  extended  their  tenure  of  it  to 
two  years.  Between  the  settlement  of  Spain 
and  the  Sullan  reforms  Ave  new  proTinces  were 
created,  riz.  MacedoiM^  Africa,  Asia,  Narbon- 
ensis,  and  Cilicia,  and  the  goTetnroent  of  these 
was  proTided  for  by  *'  proroguing  '*  for  a  year  • 
the  imperium  of  the  consuls  and  the  two  prae* 
tors  whose  functions  properly  lay  in  the  city, 
two  ex-consuls  and  two  ex-praetors  being  thus 
annually  available  for  prorincial  command.. 
The  *^  prorogation "  was  efiected  by  a  special 
plebisoituBi.  The  Lex  Sempronia  ofC.*  Gracchus 
(Cic  de  Jtoo,  Com.  2  and  7  ;  pr»  Bcdb,  97,  61) 
enacted  that  the  senate  should  each  year  deter* 
mine  befo];e  the  electioa  of  the  ceosnis  what 
proTinces  they  were  to  gOTern,  the  object  of  this 
being  to  preTent  intrigue  and  faronritism. 
Sulla  added  two  praetors  to  the  six  already  in 
existence,  and  enacted  that  all  of  them  should 
administer  justice  in  the .  city  during  their 
proper  year  of  office :  the  provinces,  of  which 
there  were  now  ten,  were  thus.in  future  governed 
by  proconsuls  and  propraetors,  the  two  former 
aa  a  rule  obtaining  those  in  which  the  largest 
number  of  troops  was  required  (Liv.  xli.  9). 
The  exact  province  of-  each  was  determined  hy 
lot,  though  the  distribution  was  sometimes 
arranged  by  agreement  among  the  persons  en- 
titled to  them.  Sulla's  statute  made  these 
governorships  strictly  annual,  and  required  the 
holder  to  leave  the  proTince  within  thirty  days 
after  the  arrival  of  his  successor  (Cic  ad  Fam, 
iii.  6);  but  the  first  of  these  mies  waa  practi- 
cally infringed  by  the  extraordinary  oommanda 


508 


PKOVINOIA 


PBOVINCIA 


conferred  sucoesBiTely  oh  Pompey  and  Caesar, 
and  by  the  failure  of  the  senate  to  provide  a 
successor  in  time :  thus  Verres,  Fonteius,  and 
Q.  Cicero  were  three  years  each  in  Sicily,  Gaul, 
and  Asia  respectively  (Cic.  Div.  in  Caec,  4,  11 ; 
pro  Font.  10,  32  ;  ad  Qu.  Frat.  1,  1).  A  law  of 
Pompey  (Sueton^  Jul,  28 ;  Dio  Cass.  zl.  56), 
passed  B.a  52,  enacted  that  provinces  shonld  be 
given  only  after  an  interval  of  five  years  from  a 
man's  original  tenure  of  office  in  Rome:  this 
was  re-enacted  by  Augustus  after  its  repeal  by 
Julius  Caesar  (Dio  Cass.  zlii.  20,  liii.  14),  who 
also  ordained  that  a  consular  province  should  be 
held  for  two,  a  praetorian  for  one  year  only 
(Cic.  Phil,  i.  8,  19 ;  u.  42,  109,  &c. ;  IMo  Cass, 
zliii.  25).  The  governor  might  not  leave  Rome 
imtil  he  had  been  invested  with  the  imperium 
in  the  ordinary  manner,  and  had  offered  the 
usual  prayers  and  sacrifices  (Cic.  ad  Fam,  i.  9, 
25;  in  Verr,  v.  13,  34;  Caesar,  Beli  dv,  i.  6): 
he  could  display  the  insignia  of  his  rank,  espe- 
cially the  fasces,  as  soon  as  he  was  outside  the 
city  gates  (Dio  Cass.  liii.  13),  but  might  not 
exercise  any, actual  powers  until  he  reached  his 
province  (Dig.  1,  16,  1,  4,  6).  When  once  he 
had  arrived  there,  he  united  in  his  single 
person  both  civil  and  military  authority.  The 
first  thing  he  did  was  to  issue  his  edict,  by 
which,  lilie  the  praetor  at  Rome,  he  stated  the 
rules  of  law  which  he  intended  to  apply  and 
enforce  during  his  year's  administration.  To  a 
large  extent  this  was  based  on  the  Ux  by  which 
the  province  had  received  its  original  constitu- 
tion and  on  the  edicts  of  the  governor's  prede- 
cessors (Cic  ad  Ait,  v.  21,  11,  vi.  1,  2 ;  otf  Fam, 
iiL  8,  4);  but  large  portions  of  the  £dictum 
Urbanum  gradually  crept  into  the  provincial  k 
edicts,  and  the  law  of  the  provinces  was  thus  ' 
slowly  but  steadily  Romanised,  ^^cero,  foir 
instance,  when  proconsul  of  Cilicia,  savs  that  as 
to  some  matters  he  framed  an  edict  of  his  own, 
and  as  to  others  he  referred  to  the  Edictum 
Urbanum,  on  which  he  proclaimed  that  he 
should  base  his  decisions  where  no  regulations 
of  his  own  hod  been  made  (ad  Att,  vi.  1,  15) ; 
so,  too,  he  observes  {in  Verr,  i.  46,  118)  that 
the  rules  established  by  the  praetor  urbauus  aa 
to  inheritance  had  been  regularly  transferred 
into  their  annual  edicts  by  the  governors  of 
Sicily  long  before  the  time  of  Yerres.  Other 
topics  with  which  the  edict  of  a  provincial 
governor  dealt  were  the  position  of  the  pub- 
licani,  and  the  law  of  civil  procedure,  debt,  and 
usury. 

So  far  as  we  can  judge  from  Cicero's  Letters 
and  from  CaoMir's  work  on  the  war  in  Gaul,  the 
former  of  which  in  particular  are  a  storehouse 
of  information  upon  the  affairs  with  which  a 


provincial  governor  was  occupied,  he  was  prin- '  ^  Lex  Rubria  de  Gallia  Cisalpina  the  m 


cipally    engaged    with  matters    military    and 
judicial.  \  At  one  time  1^  was  administering 

i'ustice  at  various  centre^  at  others  he  was 
lusy  with  an  army  extenninating  bands  of 
robbers  or  reducing  a  rebellious  population. 
Even  when  the  province  was  in  profound  peace 
he  would  find  enough  to  do,  as  commander-in- 
chief,  in  filling  up  his  legions  with  fresh  leviets 
or  directing  the  arrangements  for  billeting  his 
troops  daring  the  winter.  But  the  less  he  was 
occupied  with  active  military  operations,  the 
more  time  could  he  give  to  the  administration 
of  justice.    For  judicial  purposes  each  province 


was  divided  into  a  nnmber  of  departments  called 
Fora  or  Conventus,  which  latter  term  als6 
denoted  the  chief  city  oc.  place  **  rn  quern  oon- 
veniebant "  as  well  as  the  assize  or  court  over 
which  the  governor  presided,  and.  which  wa» 
attended  by  the  Romans  who  resided  in  the 
district,  and  generally  by  all  persons^who  bad 
any  business  to  settle  there.  It  may  perhaps  be 
doubted  whether  this  organisation  was  at  all 
precise  dnrrog  the  republican  period,  though 
even  then  certain  towns  seem  to  have  becik 
regarded  as  centres  where  the  governor  might 
conveniently  spend  some  time  and  hold  a  court 
(/orum  or  o(nivenium  agere^  Liv.  zxzi.  22 ; — Cic 
in  Verr,  v.  11,  28;  ad  Att,  v.  16).  Before  the 
time  of  Gaius  coniwiUttS  had  also  acquired  the 
meaning  of  the  time  during  which  the  assize  ^ 
lasted  (Gains,  L  20).  In  Cilicia,  during  Cicero'* 
administration,  Tarsus  and  Laodicea  were  oon- 
oen^tis ;  in  Baeiica  there  were  four,  in  Lusitaaia 
five.  The  procedure  in  civil  causes  seems  to 
have  been  much  the  same  as  that  in  vogue  at 
Rome  during  the  formulary  period  [Actio]  ;  at 
least  the  governor  appointed  a  judex  or  jndioe» 
to  try  each  cause,  usually  from  the  Roman 
citizens  who  attended  the  assize;  for  him  to 
hear  and  decide  the  case  in  person,  so. &r  as  we 
can  judge  from  the  instance  of  VerxM,  was 
consider^  improper  or  unconstitutional  (Cic.  in 
Verr.  v.  9,  22).  Within  the  free  and  allied 
towns  the  governor  had  not  strictly  any  civil 
jurisdiction ;  they  had  their  own  law,  their  own 
courts,  and  their  own  municipal  magistrates, 
though  it  not  unfr^uently  happened  that  the^ 
privileges  were  set  at  nought  For  instance, 
Cicero  tells  us  (in  Verr.  ii.  22,  53)  that  Verr» ' 
treated,  with  contempt  an  apparently  welJ- 
founded  claim  on  the  part  of  the  citizens  of 
Bidis  in  Sicily  to  hav«  their  legacy  cases  deter- 
mined by  their  own  municipal  law.  The  rsls- 
tions  between  the  jurisdiction  of  the  governor 
and  that  of  the  local  magistrates  were  usually 
dtf  ned  by  the  Lex  Provinciae :  by  the  so-called 
lex  of  Rupilius,  Sicilians  who  belonged  to  the 
same  town  had  their  disputes  settled  accordiag 
to  its  laws:  citizens  of  differ«|{|  towns  h$d 
theirs  decided  by  jndices  appointed  by  iht 
governor:  in  case  of  differences  between  an 
individual  and  a  community,  the  senate  of  any 
Sicilian  town  might  act  as  judices,  if  the  parties 
did  not  choose  to  have  as  judioes  the  senate  of 
their  own  town  ?  if  a  Roman  sued  a  Sicilian,  s 
Sicilian  was  judex ;  if  a  Sicilian  sued  a  Roman, 
the  judge  was  a  Roman :  but  no  one  could  be 
judex  who  belonged  to  the  governor's  cohort. 
Disputes  between  the  lessees  of  the  tithe  and  the 
Aratores  were  decided  according  to  the  Lex 
^ieronica  (Cic.  in    Verr,  ii.  13,  32).    By  the'v 


of  the  mnnidpia  were  authorised  to  decide  all 
civil  suits  in  which  the  sum  involved  did  not 
exceed  15,000  sesteices,  and  the  same  provisioD 
occurs  in  the  Lex  JnUa  munictpalis.  The 
governor's  judicial  assistance'  was  also  largely 
needed  for  the  legitimation  of  certain  dispo- 
sitions, such  as  manumissions,  adoptions,  soii 
emancipations  (jtujiadiGtio  voiwntarid).  His 
criminal  jurisdiction  was  in  the  nature  of  that 
exercised  under  martial  law:  he  decided  in 
person  on  the  guilt  or  innocence  of  the  accused, 
though  under  the  advice  of  a  consilium  formed 
from  the  leading  Roman  citisent  of  the  neigh- 


PROVINCIA 


PBOVmCIA 


509 


tourhood  (Cic.  m  Verr.  i.  29,  73;  ii.  29,  71; 
T.  21,  55X  ftod  orer  a  condemned  criminal  he 
had  power  of  life  and  death,  though  if  he  were 
a  Roman  citizen  he  enjoyed  the  right  of  provo- 
caHo  to  the  triSnni  plebis,  which  enabled  him 
to  remojre  the  matter  to  Rome  (Plat.  Cdesotr,  4). 

The  natnre  of  the  taxes  paid  by  the  provincial 
subjects  of  Rome  has  been  alluded  to  in  speaking 
of  the  organisation  of  Sicily,  but  this  subject 
cannot  be  understood  without  some  knowledge 
of  the  tenures  by  which  land  in  the  provinces 
was  held.    The  gener&l  principle  was  that  pro- 
vincial aoil  belonged,  as  a  whole,  to  the  Roman 
state  (ager  pubiiaui),  and  could  not  be  owned  ex 
Jfire  QuirUium  i>y  individuals,  but  only  'i  pos- 
sessed "(Cic.  ad  Att,  vi.  1,  12;  Gains,  ii.  7). 
The  great  bulk  of  the  taxes  was  levied  on  these 
**•  possessions  "  in  the  hands  of  the  provincials, 
who  from  this  point  of  view  are  termed  Stipen" 
diarii;  though  some  of  the  cyer  puMious  was 
differently  treated,  being  either  sold  outright 
by  the  state,  which  imposed  a  nominal  tax  in 
order  to  show  that  it  did  not  waive  its  right  of 
property  in  the  soil  (ager  privatus  vectigaliaque\ 
or  let  out  by  the  censors  at  Rome  to  tenants 
for  life,  who  paid  both  decumae  and  scnjphcra 
<graaiiig  tax,  Yarro,  dt  Me  Rust.  ii.  1,  16).    The 
tax  levWd  OIL  the  Stipendiarii  was  either  tithe 
(decHotae)  or  stipendium.     The  first  was  not 
4:ommon,  being  found  only  in  Sicily  and  Sardinia, 
and  for  some  little  while  in  Asia.    The  second- 
was  charged  both  on  the  land  {tributwn  so/t), 
in  which  case  it  was  sometimes  paid  in  money, 
as  in  Macedonia;    sbmetimes  in  kind,   as   in 
Pontua  and  Cyrene;  and  on  persons  (tributwn 
otpdw),  who  were  taxed  on  account  of  their 
iooomei,  trades,  and  professions.    Besides  these 
sources  of  income,  the  Romans  derived  large 
«Qm8  from  the  customs'  dues  Iportona}^  ship- 
cnoney,  mines,  ttc    No  taxes  were  paid  to  the 
state  by  the  free  and  allied  towns,  but  this 
exemption  does  not  seem  to  have  extended  to 
the  Roman  colonies  and  municipia  or  the  **oppida 
Latio  donnta." 

The  practice  of  letting  out  the  taxes  to  publi- 
csni  to  fann  is  well  known,  and  it  often  happened 
that  a  firm  of  these  capitalists  engaged  to  pay 
the  state  a  fixed  sum  per  annum  for  five  years 
in  exchange  for  all  the  taxes  of  a  province— 
vectigaly  dedmae,  scriptura,  portoria,  &c.  In 
sneh  cases  it  would  seem  that  the  publicani  paid 
the  money  over  directly  to  the  quaestors  at 
Rome:  but  all  taxes  which  were  not  farmed 
were  collected  by  |ind  paid  to  the  quaestor  of 
the  province  or  its  dbtricts,  an  officer  who  was 
assigned  to  his  province  by  lot,  and  not  appointed 
by  the  governor.  In  theory  the  quaestor  had 
the  entire  management  of  financial  matters, 
though  he  was  often  largely  interfered  with  hf 
the  governor,  who  decided,  according  to  his  o^tt 
view  of  the  local  requirements,  what .  stlttil 
should  be  transmitted  to  Rome,  and  who  hid 
power  to  remit  taxation  (Cic.  in  Verr.  iv.  9,  20  ; 
^  Fam.  iiL  7).  Though  properly  a  financial 
officer,  he  had  jurisdiction  in  jnatters  which  fell 
under  his  official  cognisance,  like  the  aediles  at 
R<Htte  (Gains,  i.  6)  and  the  early  Exchequer 
author- ties  in  England;  and  he  had  to  give  a 
fnW  aeooont  of  his  receipts  and  expenditure  on 
his  return  from  the  province  (Cic.  in  Verr.  i.  14, 
d^X  After  the  passing  of  a  Lex  Julia  (b.c.  61) 
^t  governor  was  bound  to  deposit  two  copies  of 


his  accounts  in  the  two  chief  cities  of  his 
province,  and  to  forward  one  (totidem  verbis)  to 
the  Aerarium  (Cic  ad  Fam.  ii.  17,  v.  20;  ad 
Att.  vi.  7).  The  governor  might  even  delegate 
his  own  powers  to  a  quaestor,  either  in  toto  (e,g. 
Cic.  ad  Att.  vi.  6,  3)  or  for  a  special  purpose, 
such  as  the  administration  *  of  justice  (e.g. 
Suet.  Jul.  7). 

The  personnel  of  a  provincial  administration 
comprised  also  (1)  kgati^  of  whom  there  were 
usually  three  in  a  consular,  one  in  a  praetorian 
province:  th^y  were  appointed  by  the  senate, 
very  often  on  the  nomination  of  the  governor, 
who  would  entrust  them  with  minor  military 
commands  or  assign  them  a  district  to  look  after, 
with  civil  jurisdiction;  (2)  eomites,  appointed 
by  the  governor  himself,  and  maintaineid  at  the 
public  charge,  presumably  on  the  supposition 
that  they  discharged  secretarial  functions  and 
employed  their  time  in  learning  the  business  of 
administration ;  (3)  praefectif  three  in  number, 
whom  the  governor '  seems  to  have  employed 
principally  as  military  lieutenants;  and  lastly 
a  large  miscellaneous  body  of  lictors,  praecones, 
scribae,  <  haruspices,  &c,  whose  duties  are  too 
unimportant  to  be  here  detailed. 

Those  who  have  read  the  Yerrine  orations  of 
Cicero  will  remember  what  a  gloomy  picture  he 
draws  of  the  condition  of  the  provinces  under 
Roman  rule.  '*  It  is  difficult,"  he  says  in  his 
speech  for  the  Lex  Manilla  (c.  22),  **  to  describe 
into  what  hatred  we  have  been  brought  by  fhe 
wrongdoing  and  lust  of  the  governors  whom  wc 
have  sent  among  foreign  peoples  during  these 
years."  Pay  was  first  attached  to  the  office  of 
proconsul  or  propraetor  by  Augustus  (EKo  Cass, 
liii.  15 ;  Sueton.  August.  36),  so  that  under  the 
Republic  the  governor  had  to  pay  himself  as 
best  he  could  during  his  tenure  of  power;  and 
the  boast  of  Yerres  recorded  by  Cicero  (in  Verr. 
iv.  1, 14)  is  ample  proof  that  a' magistrate  whose 
conscience  was  not  over-tender  found  numerous 
opportunities  of  filling  his  own  pockets.  The 
old  rule  that  a  governor  and  his  retinue  must 
pay  for  their  lodging  and  entertaiment  was 
seldom  observed,  and  his  progresses  through  the 
province,  to  say  nothing  of  the  Legationes  liberae, 
entailed  vast  expenditure  on  its  inhabitiHits : 
the  extortions  practiMd  by  himself  and  his  sub- 
ordinates were  even  outdone  by  those  of  the 
publicani,  who  fiirmed  the  taxes,  and  the  nego- 
tiatores  or  roonev-lenders ;  and  in  manv  of  the 
provinces,  especially  in  Greece  and  Asia,  pro- 
tracted wars  had  inflicted  miseries  on  the  people 
from  which  they  could  hardly  hope  for  recovery. 
Practically  no  remedy  for  all  these  evils  was 
afforded  by  the  nominal  control  of  the  senate, 
which  had  the  right  of  deciding  on  the  number 
of  troops  which  a  governor  should  have  under 
his  command,  and  of  altering  or  overriding  his 
telicy,  and  which,  if  he  did  not  follow  its 
instructions,  could  refuse  to  sanction  his  arrange- 
ments, or  to  grant  him  a  triumph  or  supplicatio 
even  after  a  successful  war.  But,  towards  the 
end  of  the  Republic,  it  is  patent  that,  so  fiir^ 
from  controlling  the  prorincial  governors,  the 
senate  was  itself  ruled  by  such  men  as  Sulla, 
Pompey,  and  Caesar.  The  strongest  check  upon 
the  misconduct  of  a  governor  ought  in  reality 
to  have  been  found  in  statutory  enactments.  A 
number  of  these  (a  l^x  Yaleria,  a  Lex  Julia, 
and  Leges  Porciae)  were  designed  to  protect 


»v 


610 


PBOTINCIA 


Roman  citizens  residijig  in  the  provinces  from 
ill-treatment  bj  him.  The  Lex  Calpurnia 
(b.c.  149)«  the  nrst  statute  against  repetwndae 
or  extortion,  was  followed  by  a  Lex  Aoilia 
(B.a  125)  and  a  Lex  Serrilia  (B.a  111)  dealing 
with  the  same  offence,  the  former  of  which  was 
especially  severe ;  and  the  Lex  Julia  defined  the 
requisitions  which  a  governor  might  make  upon 
the  inhalntants  of  his  province  without  pay- 
ment. The  laws  on  the  subject  of  Majestas 
and  Peculatus  were  also  weapons  which  on 
occasion  might  be  turned  «gainst  governors  who 
abused  the  trust  confided  to  them.  But  when 
we  consider  the  condition  of  things  described  to 
us  by  Cicero,  we  cannot  but  be  struck  by  the 
smallness  of  the  result  obtained  by  prosecutions 
under  these  statutes.  There  can  be  little  doubt 
that  this  is  to  be  explained  by  the  political  use 
which  was  made  of  the  judicia.  Between  the 
times  of  C.  Gracchus  and  Sulla,  while  the 
knights  were  sole  judges  in  crimiBal  trials,  their 
sympathies  with  the  pnblicani  would  prejudice 
them  against  the  cause  o£  the  provincials :  the 
venality  of  the  senators,  whom  Stilla  substituted 
for  the  knights,  was  shameless  and  notorious, 
though  according  to  Appian  (de  BeU.  Cm,  122) 
not  more  so  than  that  of  the  knights  themselves : 
in  any  case  the  senate  would  do  its  best  to 
screen  a  governor  for  whom  it  was  itself  mainly 
TCsponsible,  and  whose  condemnation  would  in  a 
way  condemn  itself.  Some  improvement  was 
^rhaps  effected  by  the  Lex  Aurelia  (B.c«  46), 
which  divided  the  judicia  between  the  senators, 
knights,  and  tribuni  aerarii :  but  it  was  in  the 
Empire  that  the  provincials  first  fcund  relief 
firom  oppression,  and  redress  for  wrong  inflicted 
on  them  by  Roman  magistrates. 

In  the.  year  43  B.O.  (^lia  Cisalpina  ceased  to 
be  a  provinoe :  it  was  incorporate  with  Italy, 
though  the  term  Italia  was  sometimes  im« 
properly  used  to  describe  it  even  before  this 
date  (Caesar,  Bell,  Qall,  i.  54»  v.  1,  vi.  44,  &a ; 
Gic.  Phil,  v.  12,  31),  and  a  ziew  organisatien 
was  given  to  it  by  the  Lex  Rubria,  by  which  in 
particular  jurisdiction  in  certain  classes  df  suits 
was  conferred  on  the  municipal  magistrates 
[Rubria  Lex].  With  the  estabUshroent  of 
the  imperial  power  under  Augustus  «  consider- 
able change  was  made  in  the  administration  of 
the  province^,  the  control  of  some  of  which  he 
reserved  absolutely  to  himself,  while  the  rest 
remained  under  the  nominal  management  of  the 
senate ;  this  being  the  origin  of  the  distinction 
drawn  by  Gaius  (ii.  21)  and  others  of  the  older 
jurists  between  those  provinces  which  are  *'pro- 
priae  populi  Romani "  and  those  which  are 
**  propriae  Caesaris."  The  division  was  modelled 
in  principle  upon  the  older  one  between  con- 
sular and  praetorian  provinces:  the  '* Imperial '* 
provinces  were  those  in  which  the  chances  of 
invasion  from  without  or  rebellion  withm  ne- 
cessitated the  presence  of  considerable  forces, 
especially  those  which  formed  the  frontiers  of 
the  Empire ;  those  in  which  peace  was  assured 
were  ostensibly  left  to  the  senate  (Sueton. 
August,  47 ;  Dio  Cass.  liii.  12,  14,  liv.  4;  Strabo, 
xvii.  p.  840).  Subject  to  frequent  interchange 
of  provinces  (Tac.  Ann,  i.  76,  SO ;  Sueton.  Claud. 
25;  Dio  Cass.  Ix.  24;  Capitol.  Marc,  22X  these 
arrangements  subsisted  until  the  third  century. 
Strabo,  in  the  passage  referred  to,  gives  the 
division  into  provinces  (^iro^xW  '^  constituted 


PBOVmCIA 

by  Augustus.     The  provinces  of  the  Populos 
(i^fi/os)  were  two  consular  (6irariical)  and  ten 
praetorian  provinces  (irrpanryncaO;  the  rest  of 
the  eparchies,  he  says,  belong  to  the  Caesar. 
Lusitania  is  not  enumerated   among  the  epar- 
chies of  the  Popnlua,  and  if  it  was  a  distinct 
provinoe  it  must  have  belonged  to  the  emperor. 
The  list  of   provinces  in  the   *' Demo&strstio 
Provindarum  "  (Mifthog,  VtU^  Bode)  mentions 
the  provinoe  of  Asturia  et  Gallaeca  Lusitania. 
Dio  Cassius  (liiL  12)  states  the  distribntion  of 
the  provinces  by  Augustus  thus :  the  prorinces 
of  Africa,  Numidia,  Asia,  Hellas  (Achaia),  with 
Epirus,    Dalmatia,    Maeedonia,    Sidlia,  Crete 
with    the   Cyrenaica,  Bithynia    with   Pontns, 
Sardinia  and  Baetica,  belonged  to  the  senate  and 
people  (5^r  and  ys^oiwia).      Tarnux>neosis, 
Lusitania,  all   Gallia,  Coele   Syria,  Phoenice, 
Cilicia,  Cyprus,  and  Egypt  belonged  to  Augustas, 
who  afterwarda  took  Dalmatia  from  the  senate 
and  gave  it  Cyprus  and  Gallia  Narbonensit  in 
exdiange,  while  Tiberius  appropriated  Achais 
and  Uaoadonia  without  any  oompensatien  (Tsc 
Ann.  i.  76),  though    they   were  restored  by 
Glandiua  (Sueton.  Vknid,  25).    Bithynia  became 
.defipittly  imperial  under  Hadrian.    The  pro- 
vihciae  populi  were  administered  for  one  year 
aooording   to    usage   (Dio  Cass.   liii.   12,  14; 
Strabo^  ioe.  oU,;    Sueton.  Augu$$.  4)  byjthe 
dd.  ispublican  magistrates ;  two  of  then,  tix. 
Africa  and  Asia,  by  ex-eonsuls;  and  the  rest  by 
ex<^xaetors.     The  two  oldest  consulares  csst 
lots  fori  the    consular,  the   praetors  also  by 
seniority  for  the  praetorian  provinces,  thongh 
the  tit^e  of  proconsul  brionged  generally  to 
these,  govemon  ^thout  reference  to  the  offices 
which  they  had  actually  held  at  Rome  (Dig.  L 
16).     They,  enjoyed  itoperivm,  including  nn- 
limited  jurisdictio,  and  the   administrstion  of 
justice  must  have  been  their  main  bnsinessy  ss 
owing  to  the  nature  of  the  case  their  military 
duties  must  have  been  quite  inconsiderable.    In 
the  ^provinciae    Osesaris"  the  emperor  was 
himself  proconsul,  but  conducted  their  govcra- 
Dient  thffough  lietitenanta,  a  <«legatus  Angniti 
pro  praetore  "  having  in  effect  the  same  power 
and  authority  here  as  a  prooonsol  in  the  pro- 
vinces of  the  people  (Dig.  1, 18).    These  legati 
were  selected  by  the  emperor  from  those  who 
had  been  consuls  or  praetors  (when^  they  were 
called  coiunlarsa  or  praetorit)  or  sometimes  from 
senators  of  leas  rank  (e,g.  Dio  Cass.  liii-  13: 
Appian,  de  rtb,  Eisp,  102 ;  Sueton.  Avgnxt-  23): 
they  held  their  office  at  the  emperor's  plessnie, 
bemg  mere  delegates  of  his  authority.    Tbss 
Agrioola  governed  Aquitania  for  three  ycarst  >b 
accordance  with  Maecenas'  advice  to  Aogostss 
(Dio  Cass.  liii.  23);   but  Galba  was  Jn  Spsio 
eight  years  (Pint.  Gaiba^  4),  Sabinus  in  Moens 
seven,  and  Silius  in  Gaul  apparently  at  lesst  ten 
(Tac  Awn,  i.  31,  iv.  18).     The  theory  of  dele- 
gated authority  was  not,  however,  coosistenllf 
observed ;  the  jurisdiction  of  a  legatus,  for  is- 
stance,  not  being  regarded  as  mandai^h  ^^  f1 
belonging  to  him  independently,  &o  that  he  cosld 
himself  delegate  it  to  one  of  his  mbordiastes 
(Dig.  1,  21,  5,  pr.).    These  imperial  geT«J»" 
are  in  the  inscriptions  always  dengnstw  s* 
" legati  pro  praetore; "  but  when  not  ▼»*^^**  ** 
the  emperor  s  agents,  they  were  tsrowd  "  f^ 
vindarum  praesides"  (Snetoh.  jla^-  2^,  i^- 
42 ;  Vopisc  Pre*.  13 ;  Dig.  1, 18,  8,  20, 1,  "i 


PBOVmCIA 


PBOVINCIA 


511 


9, 6);  like  the  pnefectns  urbi  or  practorio,  they 
were  mAgistr&tef,  bat  magistrates  of  the  prin- 
c«ps,  not  of  the  popnJns  (Dig.  4,  2, 3, 1%  though 
it  is  tmo  that  as  all  the  pzovinoes  tended  more 
and  mon  to  fail .  under  the  emperor's  direct 
control  the  term  praeses  came  to  be  applied  also 
to  the  governors  of  senatorial  provinces  (Dig.  1, 
19,  1 ;  Sueton.  Claud,  17;  Lamprid.  Ahx,  &ver, 
46V  No  quaestors  were  sent  to  .the  Imperial 
proTinces,  in  vhich  the  fnnctions  entrusted  to 
these  oiBoers  in  districts  administered  on  the 
old  system  were  discharged  by  ^  procuratores 
Ckcaaris  "  (Dig.  1, 19),  selected  from  the  knights 
or  the  emperor^s  freedmen,  who  had  jurisdiction 
in  financial  matters  (Cod*  3,  13,  l)i  and  such 
procnntores  are  eren  found  in  provinces  of  the 
people  for  the  purpose  of  guarding  the  interests 
of  the  Fiscas  in  connexion  with  inheritances, 
legacies,  Ac.,  where  too  .they  had  in  such  con- 
cerns a  jurisdiction  concurrent  with  that  of  the 
proeonsuL  Sometimes  an  unimportant  province, 
or  an  ontlying  portion  of  a  considerable  one, 
was  governed  by  a  procurator  with  the  powers 
of  an  oidinary  governor,  as  e^.  Judaea  by  Pontius 
Pilate  (Joseph.  Ant  Jvd.  xvii.  13,  5 ;  xviii.  1, 
1.  &c).  Egypt  received  a  peculiar  organisa- 
tion from  Augustus  (Tac.  Ifiat.  i.  11;  Dig.  1, 
17%  He  i^aeed  it  under  the  government  of  a 
praeftctaa  AugustaHs,  who  took  the  place  of  the 
Egyptian  king  with  the  powers  of  a  Roman 
magistrate ;  but  the  old  division  of  tiie 
conntry  into  vofuii  administered  by.  native 
rApa^XP*  ^'^*'  retained  .(Plln.  ff.  If.  v«  §  4%), 
and  a  spedal  magistrate  for  judicial  purposes 
called  j'ttTKlicin,  with  the  powers  of  a  provincial 
governor,  was  assigned  to  Alexandria. 

Bat  notwithstanding  the  epithet  <<  Senatorial " 
applied  to  those  provinces  which  were  governed 
by  A  prooonsul,  they  wera  in  reality  hardly  less 
under  the  control  of  the  emperor  from  the 
beginniDg  than  those  which  were  ^  propriae 
Caesaris-:  "  from  him  the  proconsub  as  well  as 
the  "  legati  pro  praetore  "  received  instructions 
and  mandata  as  to  the  administration  (Dio  Cass, 
liii,  15 ;  PHn.  Ep,  x.  64),  and  in  all  important 
raatteis  not  already  provided  for  they  had  to 
apply  to  him  Ibv  advice.  Their  position  in  fact 
was  so  difiennt  from  that  of  a  provincial 
govenor  under  the  Republic  or  of  a  legate  in 
«n  imperial  province  that,  according  to  Tacitus 
(Aim.  vi.  27),  rifaerius  found  itydifficult  to  get 
competent  men  to  accept  the  office,  which  was 
one  of  great  responsibility,  and  could  be  valued 
only  on  account  of  the  salary  which  ^  Augustus 
attMhed  to  it. 

The  **■  Romanisation"  of  the  law  of  the  pro- 
viaoes  centinned  to  be  carried  on  by  edicts, 
sutntes  (Ulpian,  Jleg,  xi.  18  ;^Gaius,  i.  183, 
185 ;  iii.  122),  imperial  enactments  (Plin.  £p.  x. 
71,  72X  and  senatnsconsulta  (ib,  77);  and  even 
some  laws  passed  for  the  citizens  of  Rome  were 
expreuly  extended  to  the  provincials  (e.g.  Gains, 
1.  47;  Ulpian,  JHeff.- x.  20;  Dig.  30,  41,6;— 
Cod.  7,  d,  3;  7,  71,  4):  but  the  local  laws  still 
remained  outside  Italy  the  foundation  of  private 
rights  and  duties  until  the  celebrated  «iict  of 
Caracalla,  by  which  the  Roman  civitas  was 
early  in  the  third  century  bestowed  upon  all 
fn9  subjects  of  the  Empire.  With  the  fall  of 
the  Republic  more  substantial  alterations  took 
place  in  the  matter  of  taxation.  Julius  Caesar 
abolished  the  decnmae  in  Asia  and  probably  also 


in  Sicily,  and  under  Augustus  a  complete 
survey  was  made  of  the  provinces,  extending 
over  more  than  twenty  years,  and  a  census 
taken  of  their  inhabitants  ;  both  of  which  were 
of  the  greatest  value  in  adjusting  the  taxes  upon 
an  equitable  basis.  The  veetigal  of  the  ager 
puUicva  or  domain  land  was  paid  into  the 
Aerarium  or  the  Fiscus,  according  as  the  pro- 
vince belonged  to  the  senate  or  to  the  emperor, 
until  the  time  of  Vespasian,  who  took  the  whole 
of  the  domain  land  under  his  charge.  All  the 
provinces  seem  now  to  be  charged  also  with 
onaofux,  a  payment  from  the  land  in  kind, 
which  was  applied  to  supporting  the  civil  and 
military  officials  within  them;  in  this  form 
Africa  and  Egypt  supplied  in  addition  enough 
com  to  feed  Rome  during  one*third  of  the  year 
(Josephus,  BelL  JwL  ii.  16,  4)l  The  old  revenue 
from  poll-tax  (tribtUtim  eapitU),  mines,  and 
portoria  still  continued :  to  them  were  added 
under  Augustus  new  imposts  in  the  5  per  cent, 
duty  on  legacies,  though  this  was  paid  only  by 
Roman  citizens  in  Italy,  until  the  edict  of 
Caracalla,  the  oentedma  on  rti  venalea,  levied 
apparently  throughout  the  Empire,  and  a  tax 
of  4  per  cent,  on  all  purchases  of  slaves.  The 
srstem  of  farming  the  taxes  was  still  followed, 
tliough  with  most  of  its  abuses  corrected.  The 
emperor  also  derived  large  sums  fr^m  the 
*'  patrimonium  Caesaris,"  or  his  private  estates 
in  the  provinces,  which  were  of  vast  extent; 
Augustus  owned  all  Egypt,  and  the  Thracian 
Chersonese  belonged  to  the  emperors  up  to 
Trajan.  The  property  of  condemned  criminals 
was  in  some  cases  forfeited  to  the  Aerarium,  and 
later  to  the  Fiscus ;  and  the  same  was  done  with 
bona  vacantia  and  bona  caduca  under  the  Leges 
Julia  and  Papia  Poppaea.  But  the  Aerarium, 
though  nominal  ly  the  Senatorial  Exchequer,  was 
seally  under  the  control  of  the  emperor  (Dio 
Cass.  liii.  16 ;  cf.  Tac.  Aim.  vi.  2,  *'  bona  Sejani 
ablata  aerario  ut  in  fiscum  cogerentur,  tanquam 
rtferret "),  by  whom  its  officials  were  appointed ; 
and  when  the  distinction  between  imperial  and 
senatorial  provinces  ceased  to  exist  in  the  time 
of  Sevems,  it  became  the  treasury  of  the 
corporation  or  municipality  of  Rome.  The 
really  heavy  expenses  of  the  State  were  paid 
frvm  the  Fiscus,  which  bore  the  costs  of  the 
naval  and  military  forces,  the  civil  organisation, 
the  construction  and  maintenance  of  public 
works,  such  as  roads  and  aqueducts,  the  supply 
of  corn  to  Rome,  &c 

After  the  edict  of  Caracalla  (A.D.  215^  little 
reason  remained  for  preserving  the  old  distinc- 
tion between  Italy  and  the  provinces,  which 
now  entailed  a  grave  injustice  on  the  latter, 
which  became  liable  to  the  ricesima  on  legacies 
and  inheritances  besides,  hiring  to  pay  the  old 
land-tax.  Accordingly  within  half  a  century 
Italy  itself  was  subdivided  into  provinciae,  and 
had  to  pay  tribntum  equally  with  the  most 
distant  parts  of  the  Empire.  Towards  the  end 
of  the  third  century  Diocletian  completely  re- 
modelled the  provincial  organisation  by  dividing 
the  whole  Roman  world  into  twelve  fftour^ircit, 
each  of  which  comprised  a  number  of  provinces 
with  new  geographical  limits :  thus  in  the 
htolKfivts  of  Britain  there  were  four  provinciae, 
in  that  of  the  Oriens  sixteen :  the  total  number 
was  101.  Each  Zioimiffis  was  under  the  adminis- 
tration of  a  new  officer  called  Vicarina,  who  was 


;i2 


PBOVINCIA 


PBCA.SOIA 


ansirerable  only  to  the  praefectus  praetorio  as 
Uentenaat  of  the  emperor :  the  governors  of  the 
provinciae  were  proconsuls,  consulares,  or  prae- 
sidee,  and  enjoyed  different  ranks  in  the  hierarchy ' 
or  peerage  of  the  Empire.  The  administration 
of  justice  was  in  a  way  revolationised  by 
Diocletian's  abolition  of  the  formulary  pro- 
cedure in  civil  causes,  which  applied  to  the 
provinces  no  less  than  to  Rome,  the  magistrates 
being  directed  to  hear  and  determine  all  suits  in 
person.  The  Empire  was  resnrveyed  for  financial 
purposes,  and  all  taxation,  so  far  as  it  affected 
the  land,  being  based  on  a  division  of  the  soil 
into  jv^  each  of  which,  though  differing  in 
acreage  from  others  according  to  its  fertility, 
being  rated  in  the  same  value;  the  customs' 
dues  were  increased,  and  the  tributum  capitU 
was  taken  off  the  towns  and  levied  chiefly  on 
the  new  class  of  Coloni.  Constantino  made 
further  administrative  changes  by  completely 
separating  the  civil  and  military  powers,  so 
that  the  governors  of  provinces  evf»u  on  the 
frontiers  of  the  Empire  had  nothing  to  do  with 
the  troops  stationed  in  them,  which  were  under 
the  command  of  a  general  without  any  civil 
authority :  but  Justinian  re-united  the  two  sets 
of  functions,  at  any  rate  in  those  provinces  in 
which  Constantino's  arrangements  had  not 
worked  satisfactorily  (Nov,  'J tut,  viii.  2,  5; 
xziv. — xzxi.;  cii.,  ciii.). 

It  remains  to  give  a  short  account  of  the  con- 
dition and  organisation  of  the  provincial  towns. 
In  the  republican  period  the  vast  majority  of 
these  were  subjected  absolutely  to  the  power  of 
the  governor,  and  had  no  free  municipal  consti- 
tution or  independent  jurisdiction:  these  citizens 
were  under  the  same  authorities,  financial, 
judicial,  and  military,  as  the  purely  rural  popu- 
lation. Some  of  them,  however,  were  privileged, 
though  in  their  immunities  there  were  various 
degrees.  Foederatae  civitateSf  such  as  Messana 
and  Tauromenium  in  Sicily,  and  Gades  in  Spain, 
owed  no  duties  to  Rome  beyond  those  imposed 
on  them  by  their  treaty  with  her,  though  these 
were  often  oppressive  {e.g.  Cic.  in  Verr,  v.  19- 
24,  §§  48-61).  Some  towns  were  after  their 
•conquest  declared  free  again  by  a  lex  or  senatus- 
consultum  {populi  liberie  such  as  Termessus  in 
Pisidia,  Strabo^  zvii.  p.  839,  &c.),  whereby  their 
citizens  became  capable  of  owning  land  within 
their  territory,  and  acquired  rights  of  self- 
government,  especially  in  matters  of  tazation 
and  legislation :  others  were  liberae  et  tmmuntfs, 
being  released  from  the  tazes  usually  paid  to 
Rome,  and  from  the  liability  to  have  troops 
quartered  on  them  during  the  winter  months. 
In  many  provinces,  again,  there  were  colonies, 
either  Latinae  or  civinm  Romanorum,  for  whose 
relation  to  the  ordinary  provincial  administra- 
tion reference  should  be  made  to  the  article  on 
Colonia;  and  sometimes  towns,  without  being 
made  to  receive  a  colony,  were  endowed  with 
the  *' jus  Latii  '*  {e^g.  in  Gallia  Transpadana  by 
On.  Pompeius,  Strabo,  B.C.  89),  which  freed 
them  ^om  the  control  of  the  Roman  governor 
(Strabo,  iv.  p.  187)  and  gave  them  the  rights  of 
«elf-govemment  and  having  their  own  coinage, 
and  other  privileges  described  under  Colonia 
and  Latinitas.  Under  the  Empire  we  find  also 
numerous  municipia  in  the  provinces,  ue.  towns 
on  which  the  Roman  civitas  had  been  bestowed 
—€,g,  on  Gades  and  other  Spanish  towns  by 


Julius  Caesar  (Liv.  Ii  *      :. ;  Dio  Cass.  zli.  24, 
zliii.    39),   whose    c^    '^   '    was  followed    \>j 
Augustus  (Suet.  Avtg  4   :  Dio  Cass.  liv.  25)  and 
nb  successors.     Th-  '    ha-1   the  ordinary  fre^ 
municipal  constitution  of  Italian  towns,  with 
elected  duoviri  or  quattuorviri,  who  possessed  s 
tolerably  eztensive  civil  and  criminal  jurisdic- 
tion, aediles,  quaestors,  an  ordo  decurionum,  and 
assemblies  for  their  citizens :  in  &ct,  their  con- 
dition   was    much   the  same  as  that  of  the 
^  coloniae  dvium  Romanorum,"  except  that  the 
latter  ranked  above  them  in  dignity  (Gellius,  zvi. 
13).     Finally  there  were  towns  endowed  with 
the   *'jus  Italicum,"  the  conception  of  which 
arose  after  the  Social  war  and  the  statutes  it 
occasioned,  and  which  led  to  the  familiar  oppo- 
sition between  municipia,  coloniae,  and  pne- 
fecturae  of  Roman  citizens  in  Italy  and  all  other 
towns  whatsoever  {e^.  Lex  Julia  munidpallt, 
11.  142,  143).     It  does  not  aeem  to  have  b^n 
granted  with  any  great  freedom  (Plin.  if.  N.  iii. 
§  25 ;  Dig.  50,  15, 1,  6--8X  and  apparently  onir 
to  coloniae  and  municipia,  not  to  oppida  which 
were  merely  **  stipendiaria "  or  had  the  "jus 
Latii  "  only ;  though  this  is  a  disputed  matter, 
PuchU  (InxUtuiiMen^  §  95)  and  Zumpt  ((Tomm. 
Epigraph,   i.   pp.    477^91;     StwU^  Somana, 
pp.  337,  338)  denying  its  poesesaion  by  munici- 
pia in  any  case,  and  the  latter  maintaining  thst 
it  was  sometimes  given  to  mare  peregrinL    As 
to  its  nature  also  there  are  considerable  dif- 
ferences of  opinion.    Conceivably  it  affected  the 
soil,  the  municipal  constitution,  the  taxes,  and 
the  persons  of  those  who  inhabited  the  towns  oa 
which  it  was  conferred.    The  soil  would  be 
released    from   tributum,    and    subjected    to 
Quiritarian   ownership   with  all  its  legal  in- 
cidents.   In  relation  to  finance,  the  citizen  of  a 
town  possessed  of ''jus  Italicum**  would  hsre 
his  name  entered  in  the  local  centos  with  the 
formula  employed  at  Rome,  and  the  lists  would 
be  incorporated  with  those  of  Rome  herself  (Lei 
Julia   munic   U.   142-160;    Huschke,  Census, 
p.  62) ;  he  would  further  be  discharged  from 
the  payment  of  all  tazes  not  paid  in  Italy,  in- 
cluding tributum,  annona,  and  tbe  poll-tax  on 
trades  and  profiissions.     It  would  affect  th« 
person  of  the  citizen  by  giving  him\he  benefit 
of  certain  laws  which  applied  to  Italy  alone,  or 
at  any  rate  conferred  on  persona  domiciled  in 
Italy  advantages  over  those  domiciled  elsewhere 
{e.g,  the  rewards  given  to  those  who  contracted 
a  fruitful  marriage  by  the  Lex  P^pia  Poppaes, 
and  the  benefits  of  the  Lex  Fnria  de  spoBin> 
These  consequences,  and  these  only,  are  sscribed 
to  a  grant  of  "jus  Italicum  '*  by  SchwarU  {de 
jure  JtaiicOj  Exerc  Academ.  1783,  1-37)  snd 
WalUr  (Oeschichte  dea  Hm,  BechU^  {  319);  but 
Savigny  (  Ueber  das  Jua  ito/ictim.  Verm.  Scfarifien. 
i.  29-80)  and  PuchU  (/oe.  dt.)  deny  the  last  of 
the  three,  and  affirm  as  one  of  the  chief  eoase- 
quences  of  the  "jus  Italicum"  a  free  monicipsl 
constitution,  which,  according  to  Schwarti  sod 
Walter,    must    have    belonged    to   the   town 
already. 

Provincial  towns  which  belonged  to  none  of 
these  privileged  categories (civttofess^ip^M'K''^^) 
had  some  sort  of  municipal  constitution,  and  the 
Romans  as  a  rule  interfered  but  little  with 
arrangements  which  they  found  slresdy  e^ 
tabllshed,  provided  they  were  not  a  menace  to 
their  own  supremacy.    But  such  constitntions 


PBOVINCIA. 


PRYTANEUM 


613 


were  not  free :  they  did  not  ezclnde  the  juris- 
diction of  the  governor  of  the  province.  The 
towns  had  their  own  magistrates  of  various 
denominations :  in  Temnos  there  were  praetors, 
qaaestorsf,  and  mensarii  (Cic.  pro  Ptacco,  19,  44), 
names  which  doubtless  are  intended  to  represent 
Oreek  titles:  in  Thjatira  there  were  arponiyol: 
ID  fact  the  names  of  the  local  magistrates  are 
legion,  but  their  functions  are  regarded  as 
burdens  (munera)  nither  than  as  privileges 
{konoresy,  and  there  was  no  local  jurisdiction, 
the  administration  of  justice,  civil  as  well  as 
criminal,  being  in  the  hands  of  the  governor 
alone.  Most  provincial  towns  seem  to  have  had 
elective  senates  (curiae),  an  arrangement  en- 
couraged by  Rome  herself,  who  was  adverse  to 
democracies ;  but  to  be  a  '*  decnrio  "  or  senator 
WHS  burdensome  and  expensive,  and  the  citizens 
hid  to  be  expressly  rewai'ded  for  undertaking 
or  getting  others  to  undertake  the  oifice.  [For 
details  see  Decuriokeb  ;  Decem  Pbimi.]  Under 
the  Empire  the  electorate  was  controlled  from 
Rome,  no  one  being  permitted  the  full  local 
franchise  unless  his  income  reached  a  certain 
minimum ;  thus  Dio  Chrysostum  (ii.  43  R)  says 
that  at  Tarsus,  besides  the  /9ovA^  and  the  wAiJffor, 
''  there  was  no  small  multitude  which  stood,  as  it 
were,  outside  the  constitution."  The  provincial 
towns  had  no  Independent  right  of  legislation, 
even  in  relation  to  municipal  affkirs,  but  were 
obliged  to  resort  to  the  emperor,  as  is  shown  by 
the  number  of  Rescripts  on  the  subject ;  and  upon 
nearly  all  matters  which  with  us  are  transacted 
by  the  corporation  or  vestry  of  a  town,  such  as 
the  construction  and  maintenance  of  public 
works,  they  had  to  refer  to  the  govenior.  It 
does  not  Appear  that  the  religion  of  the  pro- 
Tincials  was  ever  interfered  with,  nor  had  it 
been  put  under  any  restraint  in  the  republican 
period. 

The  constitution  of  the  provincial  towns  was 
aifected  in  the  second  half  of  the  fourth  century 
by  the  establishment  in  all  of  them  of  a  new 
otfioe,  that  of  defensores  cititatiSy  plebis,  or  /oct. 
These  ma^strates  wei*e  chosen  for  five  years, 
which  Justinian  reduced  to  two,  by  all  the 
citizens  of  the  town  who  possessed  the  franchise, 
but  no  decnrio  could  be  elected :  their  chief 
function  was  the  protection  of  the  town  and  its 
citizens  against  oppression  and  injustice  at  the 
hands  of  the  imperial  officials,  as  to  which  they 
were  to  address  complaints  to  the  governor  of 
the  province,  or,  if  he  were  himself  the  offender, 
to  the  emperor  or  praefectns  praetorio;  by 
reason  of  their  independence  in  relation  to  the 
governor  they  ranked  above  all  the  other 
municipal  magistrates  (Cod.  i.  55,  de  Defenaori' 
^).  They  were  even  invested  with  a  limited 
jurisdiction  in  civil  causes,  which  Justinian 
extended  from  matters  of  the  amount  of  50  to 
tboie  of  300  solidi,  and  from  which  there  was 
an  appeal  to  the  praeus  (Nov.  15,  5);  and 
they  could  appoint  tutors  where  the  property 
of  the  ward  did  not  exceed  a  certain  minimum 
ID  value  (Inst.  i.  20,  5).  In  the  fifth  or  sixth 
century  they  also  acquired  a  small  jurisdiction 
in  criminal  matters  (Cod.  i.  55,  5 ;  Cod.  Theod. 
i.  29.  7  ;  Aav.  15,  6> 

The  most  complete  treatment  of  the  Roman 

provincial  organisation  and  its  history  is  that 

of   Marquardt,   Udmiache    StaaiwervBoitungy  i. 

pp.    90-425.      English    readers    wiU    find    a 

TOL.  IX. 


careful  and  accurate  account  of  the  matter, 
based  upon  the  best  authorities,  in  Mr.  W.  T. 
Arnold's  Rcmnn  Provincial  Admiaiatration  (Mac- 
millan,  1879),  which  the  writer  of  this  article 
has  found  of  the  greatest  service.  Reference 
may  also  be  made  to  Walter's  GeschichU  der 
rUmischen  Rechts,  §§  233-248,  308-320,  387- 
392;  Puchta,  Institutionen,  §§  66-69,  93, 
94,  122,  123;  Sigonius,  de  Antiquo  Jure 
Protinciarum,  lib.  i.-iii. ;  Savigny,  (Jeschichte 
des  rdm.  Rechts  im  Mitteiatter,  vol.  i. ;  and 
Goettling's  Geschichte  der  rSmiechen  Siants^ 
verfnssuruj.  ^  [J.  B.  M.] 

PROVOCATIO.    [Appellation     / 

PROVOCATUTIEJ*.      [GLADIATOREf] 

PROXE'NIA,PRO'XENUS.  [Hospitium.] 
PRUDENTE8.  [Jurisoonsulti.] 
PRY'TANES.  [bouLE,  Vol.  I.  p.  310.] 
PRYTANE'UM  (irpurayc<bif>  The  nearest 
approach  that  modern  usage  makes  to  the 
Prytaneom  of  a  Greek  state  nbay  be  found  in 
the  town-hall  or  hdtel  de  vilie ;  but  the  religious 
character  attaching  to  it  gave  it  a  much  higher 
significance,  and  it  had  also  state  purposes  which 
were  peculiar  to  cities  of  ancient  Greece,  being 
non-existent  even  at  Rome,  where,  as  will  be 
pointed  out,  we  have  a  near  parallel  on  the 
religious  side.  The  Prytaneum,  so  far  as  our 
evidence  goes,  was  a  requisite  for  every  Greek 
state  (Paus.  i.  43;  v.  15);  but  only  in  the 
capital,  not  in  demes  or  villages  attached  to  it. 
Its  archaic  history  appears  to  be  as  follows. 
Every  Greek  tribal  settlement  of  primitive  times 
(and  probably  the  same  holds  good  for  moi<t 
nations  of  the  world)  had  a  common  hearth  in 
the  chiePs  house,  where  the  fire  was  scrupu- 
lously pres.?rved,  because  of  the  difficulty  in 
those  days  of  procuring  fire  at  all.  To  pursue 
this  question  further  is  unnecessary  here :  any 
book  on  the  folk-lore  and  customs  of  almost  any 
primitive  nation  will  supply  examples :  nume- 
rous references  are  given  in  a  paper  on  the 
Prytaneum  by  Mr.  Frazer  {Journal  of  Philology, 
xiv.  28,  1885).  The  perpetual  maintenance  of 
this  fire  was  the  duty  of  the  chief,  but  delegated 
by  him  to  daughters  or  slaves ;  in  Rome,  no 
doubt,  to  daughters,  who  reappear  in  history 
as  the  Vestals  [Vectales].  If  the  settlement 
was  moved,  the  firebrand  was  taken  carefully 
from  the  hearth  and  carried  onward,  a  custom 
which  Parkman  has  particularly  noted  in  the 
Indian  tribes  of  America;  and  similarly,  if  a 
swarm  of  colonists  went  out  to  settle  elsewhere, 
they  took  fire  with  them. 

What  had  in  early  times  been  a  necessity  became 
afterwards  a  religions  ceremony,  and  accordingly, 
we  find  practically  the  same  usage— even,  as  it 
seems,  the  shape  of  the  primitive  chiefs  dwell- 
ing— surviving  in  civilised  Greek  and  Roman 
states.  When  one  state  or  ir6\it  absorbed 
others,  which  had  previously  had  separate 
wpvTaycio,  the  chief  town  alone  retained  a 
irpvTOPttoy  common  to  all:  that  is  to  say, 
a  single  /9a<riAc&f  replaced  the  many  chie£i, 
and  his  single  palace  contained  the  common 
hearth  for  the  sacred  fire.  That  this  is  not 
mere  surmise  may  be  seen  from  Thncyd.  ii.  15 ; 
Plut.  Thes.  24,  where  we  are  told  of  the 
abolition  of  the  separate  irpuroveio,  and  the 
establishment  of  the  common  wpvroreioy  in 
the  $,trrvi  and  though  the  single  ruler  at 
Athens  became  ^oo'iAcZf,  and  not  w^«yir,  yet 

2  l 


/ 


514 


PRYTANEUM 


PRYTANEUM 


eren  this  latter  title  in  some  states,  as  at 
Rhodes,  continued  to  be  the  title  of  the  chief 
magistrate.  It  is  reasonable  then  to  assume 
that  the  Prytaneum  in  Greek  states  was  origin- 
ally the  house  of  the  king  or  chief  magistrate, 
and  that  similarly  at  Rome  the  temple  of  Vesta 
was  once  part  of  the  king's  house  or  Regia  (see 
Middleton,  JRome,  p.  181 ;  Frazer,  op.  oit.). 

At  Athens  it  is  probable '  that  there  were 
sereral  changes  in  the  position  of  the  Prytaneuro 
before  the  building  which  Pausanias  knew  by 
that  name  under  the  northern  side  of  the 
Acropolis  (Pans.  i.  18).  Full  discussions  of 
these  migrations  of  the  state  hearth  will  be 
found  in  £.  Curtius,  Attische  Studieny  and  in  an 
article  by  Sch5ll  in  EermeSj  ▼.  340.  We  hsve 
little  doubt,  though  it  cannot  be  proved,  that 
the  original  Prytaneum  of  the  '^Cecropian" 
city  was  upon  the  Acropolis,  but  of  that  no 
trace  in  the  ground,  and  little,  if  any,  in 
literature,  has  been  discovered  (Pollux,  ix.  40, 
however,  seems  to  allude  to  this  Prytaneum). 
It  may,  we  think,  be  now  considered  as  fairly 
established  that  the  historical  Prytaneum  was 
in  the  old  Agora  of  the  "  Theseian  "  city,  •'.«.  of 
the  city  foimed  by  the  aggregation  mentioned 
above;  and  this  Agora  must  be  placed  to  the 
south  of  the  Acropolis.  Here  it  is  likely  that 
there  were  both  the  Prytaneum  or  state  hearth 
and  dining-place  for  those  state-guests  who  will 
be  descriM  hereafter,  and  also  an  original 
Thesmothesion  for  the  archons  to  dine  in. 

Later  on,  when  the  city  spread,  and  the 
Agora  was  shifted  (perhaps,  as  Curtius  thinks, 
by  Pisistratus),  the  Ceramicus  quarter  having 
become  the  centre  of  Athenian  life  and  business, 
the  66Kos  was  built  near  the  fiovXtm^iptov 
(Pans.  i.  57);  and  there  the  Prytanes  thence- 
forth dined,  for  the  obvious  reason  that  they 
could  not  quickly  pass  from  their  business  to 
their  meab;  and  in  that  neighbourhood  also, 
for  the  convenience  of  the  Archons,  was  their 
dining-place,  the  Thesmothesion :  here  too  was 
the  oTo^  /Soo'/Acios,  the  office  of  the  Archon 
Basileus,  which  to  some  extent  represented  the 
old  jBoirtAcToy  of  kingly  times.  A  very  fair 
inference  has  been  drawn  from  the  shape  of 
the  Tholus,  a  round  building  with  a  pointed 
*'  umbrella-shaped  "  roof,  that  it  preserved  the 
orthodox  shape  of  the  old  Prytaneum ;  and  so, 
further,  that  Tfnmurt'ia  represented  the  primi- 
tive circular  wattled  huts,  with  peaked  roof  and 
hearth  in  the  centre,  where  dwelt  the  chief  of 
the  tribe :  if  this  theory  is  correct,  it  will  apply 
also  to  the  circular  temples  of  Vesta.  At  a 
later  time,  probably  after  the  Roman  conquest, 
the  larger  building  was  constructed  which 
Pausanias  (i.  18)  describes  as  the  Prytaneum  on 
the  northern  side  of  the  Acropolis,  containing 
the  statue  of  Hestia,  to  represent  the  sacred 
hearth  of  the  state,  the  statue  of  Peace  and  the 
remains  of  Solon's  tables  of  law  [Nomob]  which 
denoted  its  sovereign  character,  and  some  other 
statues. 

There  were  then  probably  three  Prytanea  of 
different  dates:  (1)  the  oldest  in  the  Acropolis 
of  prehistoric  times ;  (2)  that  in  the  old  Agora, 
south  of  the  Acropolis,  which,  even  after  the 
Tholos  took  part  of  its  duties,  remained  as 
the  Prytaneum  of  the  classical  age,  and  was 
still  the  state  hearth  from  which  fire  was 
taken  for  colonies,  having  itself  supplied  the 


sacied  fire  kept  also  for  the  altar  in  the  Tholos  ; 
and  (3)  the  Prytaneum  of  Pausanias,  which 
seems  to  have  supplanted  the  older  Prytaneaiu 
(No.  2)  for  all  purposes,  unless  we  are  to 
conclude  firom  the  way  in  which  Pausanias 
speaks  of  rh  iy  irpvraycfy  KoXo^fUPOP  Siica- 
ffr^tey  (i.  28),  that  the  judicial  court  [see 
Phonos]  of  that  name  was  not  transferred  to 
the  new  building.  It  may  be  noted  that  in  this 
court,  as  well  as  in  the  general  term  of  wpv- 
ray§ta  for  court  fees,  we  seem  to  have  a  relic  of 
the  old  royal  or  palace  jurisdiction. 

At  Athens  the  wvp  ifffitaror  was,  according 
to  Plut.  Num.  9,  as  also  at  Delphi,  kept  up  not 
by  vestal  maidens,  but  by  aged  widows  (yuyauc^s 
wtrnv/Uyai  ydfutv),  who  perhaps  represented  the 
female  slaves  of  the  primitive  ciiief,  as  the 
Roman  Vestals  represented  the  daughters.  As 
regards  the  supply  of  sacred  fire  for  colonists 
sturting  to  found  a  new  state,  see  above,  and 
compare  Ck)LONiA,  Vol.  I.  p.  474. 

Sitens. — ^It  will  be  convenient  to  describe  here 
all  the  classes  of  persons  who  were  entertained 
at  the  cost  of  the  state,  though  it  must  i>e 
understood  that  it  is  entirely  erroneous  to 
suppose  that  they  all  dined  in  the  Prytaneum 
— at  any  rate  before  the  Roman  conquest ; 
whether  they  did  so  later  is  open  to  dispute. 
We  cannot  doubt  that  in  the  invitation  to  dine 
in  the  Prytaneum  we  have  a  relic  of  the  costom 
that  the  yipwrts  or  chief  counsellors  should 
dine  at  the  king's  table,  and  that  the  hospitality 
should  be  extended  to  other  honoured  citizens 
or  distingubhed  visitors.  This  custom  was  not 
peculiar  to  Athens;  for  we  have  record  of 
entertainment  in  the  Prytaneum  as  belonging 
to  various  Greek  towns.  Athenaens  mentions 
it  in  Thasos,  Naucratis,  and  Mitylene  (i.  p.  32  ; 
iv.  p.  149;  X.  p.  425):  we  hear  of  it  adso  at 
Tenedos  (Pind.  Hem,  xi.  8),  Rhodes  (Polyb. 
xxix.  5X  Cyzicus  (Liv.  xli.  20),  and  to  this  fist 
many  additions  can  be  made  from  inscriptions. 
In  fact,  we  are  brought  to  the  conclusion  that  if 
rpvraycia  as  state  hearths  were  probably  uni- 
versal in  Greek  capital  towns,  the  public 
entertainment  of  certain  officials,  citizens,  or 
foreign  guests  was  at  least  general. 

As  regards  the  regulations  of  this  entertain- 
ment at  Athens,  we  are  able  still  to  gather  a 
good  deal  of  evidence.  Plutarch  {Symp,  iv.  4,  1) 
tells  us  that  Celeus  first  had  a  daily  entertain- 
ment of  €v96Kifioi  Kol  iyoBol  ^vSpcs.  Looking 
to  the  connexion  of  Celeus  with  the  Eleasinian 
rites,  we  may  conjecture  that  this  tradition  is 
the  attempt  to  explain  the  right  of  the 
Eleusinian  priests  to  partake  in  the  vtni^ts. 
There  is  at  any  rate  little  doubt  that  the  early 
rulers  of  Athens  thus  entertained  three  classes 
of  persons,  viz.  magistrates,  priests,  and  un» 
official  guests,  aUke  distinguished  Athenians 
and  foreign  princes  or  envoys.  Those  who  6y 
right  of  office  dined  with  the  king  (or,  after  the 
end  of  the  monarchy,  dined  together)  were  vvwf 
roc  (also  IvtrcTOi):  those  unofficial  persons,  who 
were  invited  to  dine  besides,  were  srcipdtfiTo* 
(of.  Plat  Lack.  p.  179  C),  but  this  word  became 
limited  to  the  subordinstes  of  the  priests 
[pARAsm].  The  word  ^ctViroc  or  tiffvrot  is  of 
later  times  (see  below).  We  must  carefully 
notice  also  a  threefold  division  of  place  in 
historical  times:  I.  the  Prytaneum,  in  which 
the  unofficial  guests  dined;    U.  the  Thesmo- 


PBYTANEUM 


PBYTANEUM 


515 


th«sioo,  where  the  Archons  dined;  III.  the 
Tholos.  It  is  of  course  not  impossible,  as  Sch611 
thinks,  that  the  Archons  had  a  separate  Thesmo- 
thesion  for  dining  in  the  old  Agora  as  well  as  in 
later  times;  hot  on  the  whole  it  seems  more 
likely  that  before  the  alteration  of  the  Agora 
all  alike  dined  together  in  the  Prytanenm  ;  but 
when,  as  stated  abore,  the  government  offices 
were  teansferred  along  with  the  bosy  life  of 
Athens  to  the  inner  Ceramicos,  the  division 
of  meals  began,  and  the  Archons  dined  thence- 
forth in  the  fheflmothesion. 

L  The  meals  in  the  Prvtanenm  continued  as 
before,  for  (a)  foreign  princes  and  envoys  of 
other  states,  the  formula  for  whoee  invitation  is 
xakiaoi  robs  trpivfitts  4wl  ^^hryoif  (or  ^irl 
(«Via)  (IS  rh  wpvToyclby  c(s  ai^ioy,  i,e.  for  the 
day  following  their  audience  in  the  assembly^ 
and  as  the  conclosion  of  their  mission  (Poll. 
Tiii.  138 ;  Dem.  F.  L.  p.  350,  §  31 ;  [Dem.]  d/e 
Hcdon.  p.  81,  §  20):  the  invitation  ran  in  the 
name  of  the  senate,  ^  jBovA^  icciAci  (Aristoph. 
Ach.  124;  Pern.'/,  c.)  or  the  in/ios  (Dem. 
Poiycl.  p.  1210,  §  13):  Demosthenes  says  ixA" 
Xfffa  (/I  L.  p.  414,  §  234X  m  being  the  member 
of  the  senate  who  proposed  it :  (6)  citizens  who 
had  done  good  service ;  e.g.  who  had  returned 
from  a  snccessfnl  embassy :  (c)  citizens  honoured 
with  this  entertainment  for  life,  the  honour  to 
which  Socrates  refers  in  his  Apology.  Such 
were  (1)  Olympic  victors  (Plat,  de  Rtp.  v. 
p.  465  D ;  Plot.  Arist.  27 ;  Athen.  vi.  p.  237)  and 
fictors  in  the  other  great  games  (/fisc.  Ephem. 
29,  2).  Sch5il  appears  to  be  right  in  his  view 
that  this  honour  was  given  to  an  Athenian  who 
won  the  chariot-race  at  Olympia,  or  the  gymnic 
coBtest  at  any  of  the  four  games;  (2)  distin- 
guished generals  or  statesmen  (Aristoph.  Eg. 
7(*9;  Aeschin.  F.  Z.  §  80;  Dem.  Aristocr.  p.  663, 
§  130);  and  lastly  (3)  the  representatives  ot 
certain  families,  in  which  the  honour  was 
hereditary :  thus  we  find  it  a  privilege  for  the 
Dearest  representatives  for  the  time  being  of 
Harmodins  and  Aristogeiton  (Isae.  de  Die.  her. 
§  47) ;  the  nearest  representatives  of  Demosthenes 
(I'iut.  Dem.  31). 

SchOll  (in  Hermes,  xzii.  p.  561,  1887)  shows 
that  the  daughters  of  such  persons  were  dowered 
bv-  the  state. 

II.  The  meals  of  the  Archons,  as  mentioned 
above,  were  transferred  to  the  Thesmothesion  in 
the  Kew  Agora. 

UI.  In  the  Tholos  or  Skias^  for  the  same 
reason  which  made  the  Archons  dine  in  the 
Thesmothesion,  that  they  might  be  near  their 
business,  the  Prytanes  and  certain  other  officials, 
iving  their  tenure  of  office,  took  their  meals  to- 
gether, after  sacrifice  offered  at  the  state  hearth  ; 
for  the  sacred  fire  was  now  in  the  Tholos  as  well 
u  in  the  Prytanenm.  Who  these  officials  were 
Qty  be  gathered  from  the  account  of  the 
a({<rtTO(,  though  it  is  possible  that  the  number 
f{  offices  so  privileged  may  have  been  greater  in 
the  period  to  which  our  extant  lists  belong  than 
ia  earlier  times. 

The  imlfftroi  (or  aScirot)  are  not  found  under 
that  name  before  the  second  century  A.D. ;  and, 
tboagh  we  cannot  say  when  they  were  first  so 
calleil,  it  is  clear  from  Athen.  vi.  p.  435  that 
rofKuriTOf  was  used  in  that  sense  by  a  pupil  of 
Aristotle.  It  must  be  particularly  observed  that 
•c^riToi  does  not,  as  is  often  supposed,  mean,  those 


who  had  this  privilege  for  life  :  the  element  ^d 
in  the  word  means  for  the  time  of  his  office :  for 
example,  6  icl  ypofifiartvvp  was  itlairos.  No 
one  who  studies  the  lists  of  i^lfftroi  preserved 
in  inscriptions  can  doubt  this  for  a  moment. 
We  have  a  number  of  Prytany  lists  dating  from 
the  middle  and  latter  half  of  the  second  century 
A.D.  In  these  we  find  a  list  of  the  Prytanes, 
and  then  a  separate  heading  iLthtrotj  under 
which  came,  first  the  Eleusinian  priests,  icpo- 
^dyrjiSf  5f5ovxor«  6  M  /3a*fi^,  Upoxripu^t  wvp- 
^6^s  (for  these  offices,  see  Eleusuiia,  Vol.  I. 
p.  721);  then  the  lay  officials  connected  with 
the  Prytaneis,  viz.  the  clerk  of  the  /SovA^,  the 
clerk  of  the  Prytanes  {Mp  rh  fiyjfia),  the  keeper 
of  records  {iurriypa^it),  the  under-clerk,  the 
custodian  (or  priest)  of  the  Tholos  (4  M  rifs 
2ici(i5of)= apparently  the  priest  of  the  Phosphori, 
and  lastly  the  flute-player  at  the  sacrifices 
(Upa6\ris).  Now  in  these  lists  it  is  noticeable 
that,  whereas  the  Eleusinian  priests,  who  held 
office  beyond  the  year,  appear  under  the  same 
name  in  various  years,  this  is  not  the  case  with 
the  lay  &c(o'itoi.  Take  for  instance  the  inscrip- 
tions, C.  I.  A.  iii.  1029-1032,  which  range  from 
the  years  165  to  169  A.D.,  the  four  lists  being 
shown  to  fit  these  four  different  years.  The 
Hierophant  Flavius  of  165  appears  in  166;  a 
Julius  replaces  him  in  167  and  reappears  in 
168;  the  daduchus  and  hieroceryx  bear  the 
same  name  in  all  four  lists.  But  when  we 
come  to  the  various  clerks,  we  find  that  the 
same  name  never  appears  in  two  different  years 
— (the  inscriptions  1032  and  1034  are  for  the 
same  year,  168  A.D.).  The  same  holds  good  of 
the  sacred  officials  of  the  Prytanes,  the  M 
ffKuilios  and  Up<iii\rjs.  It  may  be  well,  however, 
to  say  a  word  about  the  former.  He  waa 
apparently  both  the  custodian  of  the  Tholos  or 
Skias,  and  also  the  priest  who  offered  the  daily 
sacrifice  at  the  state  hearth  for  the  Prytanes. 
In  an  inscription  of  180  A.I>.  (C.  /.  A.  ifi.  1042) 
he  is  called  Upths  r&y  ^c^Spotr  ical  iwl  rris 
2«ct(£5os.  Schml  explains  the  Phosphori  as  = 
Dioscuri,  but  surely  it  is  more  likely  that  the 
word  should  mean  the  Light  Deities  who  were 
honoured  in  the  torch-race  [LampabedbomiaJ, 
and  from  whom  the  sacred  fire  was  deriveii. 

The  only  point  remaining  for  consideration  is 
the  condition  of  things  in  the  newer  Prytaneuro 
which  Pausanias  describes  in  the  second  century 
A.D.,  the  larger  and  more  elaborate  building 
north  of  the  Acropolis,  of  which  we  have 
spoken  above.  Did  the  union  of  the  separate 
meals  follow  the  erection  of  this  larger  Pry- 
tanenm, so  that  those  who  were  fed  in  the  ol«i 
Prytaneuro  and  in  the  lliolos  thenceforth 
amalgamated  ?  Curtius  declares*  that  it  did  ; 
Kbhler  (in  Hermes,  v.  340)  denies  it,  and  refers 
to  the  lists  of  the  age  of  Pausanias,  which  seem 
to  imply  that  the  Prytanes  and  the  Acfo-irot  still 
dined  apart  in  the  Tholos.  It  cannot  be  said, 
however,  that  the  lists  distinctly  prove  this ;  and 
the  view  of  Curtius  may,  after  all,  be  correct 
In^other  words,  it  is  possible  that  the  Tholos  was 
still  a  sacred  place  for  the  offering  on  behalf  of 
the  Prytanes,  with  the  iirX  aKidSosj  as  before,  in 
charge  of  it,  but  was  no  longer  used  for  their 
meals.  (On  the  subject  of  the  Prytaneuro  and 
the  ffirnffity  see  Frazer  in  Journal  of  Philology, 
xiv.  28;  Curtius,  Att.  Stud.  ii. ;  SchSlI  in 
Hermes,  v.  and  zxii.)  [6.  £.  M  ] 

2  L  2 


516 


FSEPHISMA 


PSEPHUS 


PSEPHISMA     [BouLE ;  EocLESiA ;  NoMO- 

THETES,  p.  243.] 

PSEPHUS  i^<t>os).  In  votiog  by  ballot 
the  (Greeks  used,  according'  to  Pollux  (viiL 
16  f.,  123),  seaFshells  (xotpTvcu)  or  imitations  of 
sach  in  metal,  beans  {ippvicrot),  trwop^vKot  of 
metal  (tpaal  Bi  riyti  rSȴ  ihrynffofitwy  8rt  iarh 
Xoiptluy  hvrShf  aSrcu  iywopro,  SchoL  Dem. 
c,  Tim.  p.  747X  &nd  4^^i  of  metal  (rerpvwji" 
fiivax  and  itrp^nrrfoi).  At  Athens  in  early  times 
sea-shells  were  in  nse  (Aristoph.  Eq.  1332  and 
Schol.  on  1147 ;  Vesp.  332,  349),  and  probably 
also  beans  (Aristoph.  Eq.  41:  cf.  Schumann, 
Opusc,  i.  p.  269  ff.),  and  pebbles  (Aristoph.  Vesp* 
110;  black  ones  for  condemnation  and  white 
ones  for  acquittal,  Plut.  Alcib.  22,  cf.  Schol. 
Aeschin.  c.  TVm.  §  79);  in  the  times  of  the 
orators,  however,  the  dicasts  used  4^^oi  of  metal. 
These  were  not  balls  of  metal,  but  discs  with  a 
cylindrical  axis  {ahXlvKos)  running  through  the 
centre  and  projecting  on  either  side,  and  this 
cylinder  was  either  solid  (irA^pijf  ^^os)  for 
acquittal,  or  pierced  (rerfnnnifi4inii)  for  condem- 
nation (Aeschin.  c.  Tim.  §  79  ;  Arist.  in  Harpocr. 
s.  V.  rerpvwiifi4pri,  cf.  C.  I.  A.  i\.  No.  778). 
Rusopnlos  CApx*  *^^Vf^  1862,  p.  305)  gives 
the  following  measurements  of  the  two  speci- 
mens preserved  in  the  Collection  of  the  Athen. 
Arch.  Soc.  Of  the  pierced  one  the  diameter  of 
the  disc  is  0*062  French  met.,  thickness  0*001, 
length  of  cylinder  0*043,  diameter  of  cylinder 
0*013  at  one  end  and  0*012  at  the  other. 
The  measurements  of  the  solid  one  vary 
but  slightly:  diameter  of  the  disc  0*061, 
and  of  the  cylinder  0*01.  The  specimen  de- 
scribed by  Vischer  {Epigr.  w.  Archdol.  KUinigk. 
p.  16  ff.),  which  is  reproduced  "below,  has  a 
somewhat  smaller  diameter  of  the  disc  (0*060) 
and  shorter  cylinder  (0  *  0375).    The  disc  bore  on 

one    side    the    inscription 
^^pos  hifiQiria,  and  on  the 
reverse  a  letter  (in  the  speci- 
mens at  Athens  r  and  K), 
referring  to  one  of  the  ten 
sections     of     the    dicasts 
(Wachsmuth,  Archaol.  Anz, 
1861,  p.  223),  or  more  pro- 
bably to  the  court  (Arist. 
in    Schol.    Aristoph.   Plut. 
278).      Special  officers  (ol 
Ketx^yrts  M  ria  ^<povs) 
gave  to  each  dicast  one  of 
each   kind  in  sight  of  the 
parties,  when 
both  sides  had 
spoken  (Har- 
poc.  /.c),  and 
the      dicasts 
walked      up 
to   the  /S^jua 
(Dem,  F.  L. 
p.  441,  §311) 
where   two  * 
boxes  (icaSoi, 
KaHtvKoi) 
stood,       into 
each  of  which 
Ancient  ijr^^f.  they     placed 

•  Pollux  (vili.  123  =  Schol.  Aristoph.  Bi.  1160)  alone 
s))eaks  of  there  baring  been  one  kaSoc  into  which  the 
dicast  put  whichcTer  of  the  two  ^ny^t  be  pleased. 


one  ^^09  (the  remark  of  the  Schol.  Aristoph. 
Vesp.  750,  Tov  ic^ipwcos  t^p  KKiipmrplia  wpoa^- 
povros,  ffiaXop  (oi  Bueeurrai)  rks  44^«vf,  is  con- 
tradicted by  Aristophanes'  words,  ac&vurra(ify 
^irl  roif  mifJLois  i^^iCofUrwy  6  rtXnrtuos).  Of 
these  KoZlvKot  one,  called  icipios  (because  the 
dicast  put  into  it  the  r^rji^s  by  which  be  gare 
his  vote),  was  made  of  metal ;  the  other,  called 
Sxvposy  was  made  of  wood,  and  into  this  he 
dropped  the  second  ^^f.  In  this  way  that 
absolute  secrecy  was  secured  {KpvfiBriP  ^^vpi- 
(tffBuf  in  an  eisangelia.  Lye.  c.  Leocr.  §  146  ;  in 
a  ypa^ii  ^6yoVf  Lys.  c  Erat.  §  91 ;  in  a  ypa^ii 
iiarpoT^ias,  Lys.  c.  Alcib.  ii.  §  10)  whicli  was 
considered  a  guarantee  for  the  freedom  of  voting 
(Dem.  F.  L.  p.  415,  §  239).  For  since  the  old 
funnel-shaped  top  of  the  koBUtkos  made  of 
wickerwork  (ffx'^"^^^^'  1iBfi6st  Cratinus,  fr.  260 ; 
SchoL  Aristoph.  JS'^.  1147;  Bekk.  Anecd,  275. 
25;  and  Pliotius,  $.  v.  mifUs)  had  been 
replaced  by  a  top  of  lead  (Zex.  Rhet.  Cant.  a.  r. 
Krifi6s),  with  an  opening  filed  through  largp 
enough  to  admit  one  ^rj^nn  only  (Bupptr^/iirmt 

Schol.  Aristoph.  /.  c),  and  with  a  rim  nmnin^ 
round  {Lex.  Rhet.  Cant.  1.  c.  fier4wpa  efxc  X'^^ 
&ffrt  iwiffKOTuy),  it  is  evident  that  if  the  dicast 
held  the  ^<pos  sideways  by  the  two  ends  of  the 
cylinder  with  thumb  and  second  finger,  lowered 
it  to  the  opening  in  the  lid  and  pushed  it  in 
with  the  first  finger  (Hesych.  k^t^  ....  «al  riyr 
SuecurrtK^s  r^^^ou  ^X^^*  the  ^lAiyXio^ri^f  gets 
up  in  the  morning  rohs  rpcit  ^wdx^nf  tw  5a«- 
riKuy  through  being  accustomed  to  hold  the 
^ri^Sj  Aristoph.  Vesp.  94  f.),  it  was  not  possible 
for  anyone  to  see  if  he  nut  in  the  pierced  or 
the  solid  one.  After  all  had  voted,  the  Kvpws 
KoiiaKos  was  emptied  out  on  to  a  table,  and  the 
^^01  were  counted  (cf.  Aristoph.  Vesp.  331  f.).* 
Even  votes  amounted  to  an  acquittal  (Anttph. 
de  coed.  Her.  §51;  Aeschin.  c.  Cie%.  §252; 
Aristotle  in  Lex.  Rhet.  Cant.  s.  v.  laat,  ai  ^^4, 
etc.).  Euripides  {Elect.  1269;  /ph.  Taw. 
1470  f.)  connects  this  principle  with  the  trial 
of  Orestes  before  the  court  of  Areiopagnt,  wh«n 
Athena  proclaimed  vucf  8*  'Opdanis  Ar  1^^^- 
^s  KptOp  (Aesch.  Eum,  741).  As  Kirchhoff 
{Monatsber.  d.  K.  Pr.  Akad.  1874,  p.  105  ff.) 
shows,  in  trials  for  murder  the  fiatrikths  had 
a  vote  (Pollux,  viii.  90);  hence  Athena,  who 
acted  as  ^ytfjAv  in  Orestes*  trial,  having  taken 
off  her  crown,  voted  afler  the  eleven  dicasts,  and 
by  giving  her  vote  to  Orestes  brought  about 
evenness  of  votes,  and  thus  his  acquittal.  A 
heliastic  court  always  consisted  of  some  multiple 
of  a  hundred,  +  1,  to  prevent  even  votes  (Schol. 
Dem.  c.  Tun,  p.  702,  §  9):  thus  Pollux  (viii.  48) 
mentions  four  hundred  and  one,  two  hundred 
and  one,  as  the  numbers  of  dicasts  in  two 
different  cases  of  ^dffis  (cf.  Lex.  RKcL  Cant.  s.  v. 
Xoyiirraiy  Boeckh,  Seeur.  p.  464,  etc.) ;  the 
common  way,  however,  of  indicating  the  number 
was,  for  brevity's  sake,  to  mention  the  variable 
constituent,  omitting  the  invariable  one.  Even 
votes  could  therefore  only  come  about  by  the 
default  of  individuals  at  the  last  moment 
(Schumann,  de  Cam.  p.  153).  The  total  of 
votes  in  C.  L  A.  ii.  No.  778  is  four  hundred  and 

*  Hippodamns  suggested  a  dilllBreot  way  of  taktng 
the  verdict,  vis.  by  means  of  wupmm  (Arist.  P^  iL  6. 
3»). 


PSEPHUS 

ninetT-nine ;  on  the  voting  in  Socrates'  trial,  cf. 
Att  Proc.  ed.  Lipsins,  p.  169  n.  A  aimilar 
sjst^m  of  balloting  was  employed  when  the 
difoste  Toted  on  the  question  of  penalty  (Dem. 
c.  Aristocr.  p.  676,  §  167;  [Dem.]  c.  Neaer, 
p.  1347,  §  6) ;  hence  the  ▼erdict  on  the  question 
guilty  or  not  guiity  or  /or  the  plaintiff  or  defend' 
aU  is  called  vpini  ^ij^s  (Aeschin.  c.  Ctes, 
{  197;  Dem.  F.  L.  p.  434,  §  290;  [Dem.]  c. 
Aristug,  i.  p.  795,  §  83).  In  the  time  of  Ari- 
stophanes  a  curions  custom  was  in  rogue.  Each 
diciat  had  a  waxen  tablet  (viMUioy  rifiirriic^y, 
Aristoph.  Vesp.  167;  Pollux,  viiL  16),  on 
which,  if  he  awarded  the  heavier  penalty,  he 
drew  a  long  line  (Tertically  on  the  tablet);  if 
the  lighter  penalty,  a  short  line  (horizontally  on 
tiie  tablet) :  cf.  rifiay  r^v  fuuqfdtf,  sc  ypa/i/iiii^j 
Aristoph.  Vnp,  106,  and  Photius,  s.  o.  fjicucpiuf 
rifi^oLf  etc 

A  different  system  of  voting  was  in  use  in  the 
time  before  the  archonship  of  Eucleides,  and 
thiii  leems  in  some  cases  to  have  been  continued 
ilao  in  the  fourth  century  :  viz.  there  were  two 
boxes,  one  for  condemnation  and  the  other  for 
acquittal  (6  kwoWbt  acaSicricos  and  6  kroK^v  in 
Phrynichus,    Moinrcu,   B.C.   405;   rb  alfueniphy 
Tfvxof  and  rh  ipJumov  iclrroSf  Aesch.   Agam. 
788  f. ;   4  0ardrov  ac.  and  6  Mov,  Scholiast. 
Ari«toph.  Vetp.  985),  and  each  dicast  had  one 
i(r^s  only,  which  received  its  meaning  from 
the  box  into  which  it  was  pot.     The  two  boxes 
were,   we  must  suppose,  so    placed  that  the 
nearer  one  (^  wpcripa)  was  that   of  condem- 
BstioD,   the   further    one  (^    (nrrdpa)  that  of 
acquittal :    thus  in    Aristoph.    Veep,    987   ff., 
Pbilocleon  acquits  Labes  by  throwing  his  vote 
into  the  second  {iffrtpor)  cup  (cups  being  here 
tued  instead  of  urns,  855)  ;  cf.  also  Xen.  liell.  i. 
7f  9.    It  is  difficult  to  understand  how  secrecy 
was  possible  with  this  method  of  voting,  and  yet 
we  are  clearly  told   that  it  was  so.     Lysins 
(c.  Agor,  §  37)  complains  of  the  irregular  mode 
of  voting    introduced    by  the    Thirty  in  the 
senate :  the  i^^i  had  to  be  placed  on  the  two 
tables — ^this  at  once  makes  it  open   voting — 
in&tead  of  being  put  into  the  KoJUcKoiy  and, 
^irtber,  the  vote  of  condemnation   had  to  be 
placed  on  the  further  table,  i,e.  on  that  nearest 
the  seaU  of  the  Thirty.    The  voting  in  Orestes* 
trial,  too,  is  conceived  of  as  secret,  for  the  result 
is  not  known  before  the  counting  of  the  votes 
takes  place.     Schdmann  and  Sauppe  (de  Aihen. 
ratioae  tuffr.  in  iudic.  fer,  p.  9)  suppose  that 
lecrecy  was  secured  by  the  two  urns  bemg  so 
placed  that  the  people  standing  around  could 
not  see  into  which   of  them  the   if^^^s  was 
thrown;  but    this  explanation   is  insufficient, 
iusmach  as  voting  could  only  be  said  to  be 
Mcret  if  even  the  other  dicasts  did  not  know 
W  each  had  voted.     To  meet  this  difficulty, 
lipsios  suggests  that  each  dicast  had,  besides 
bis  tfrn^f,  some  other  token  to  put  into  the 
*«cond  box.     It  has  not  yet  been  fully  estab> 
li&hed  to  what  extent  this  mode  of  voting  con- 
tinued in  the  fourth  century.     Lipsius  quotes 
two  instances  of  it,  viz.  the  eisangelia  against 
Wrates  and  a  dlmi   !|rcv8o/iaf>Tvpi£y  in  Isae. 
^aearch,  ^  18.     As  regards  the   former,  the 
vords  of  Lycurgus  have  been  differently  ex- 
plained:   ^ft^    8*    %KwrTO¥  xph  yofilCfu^  f^y 
A(Mtpi(rovr  iwo^ni^iCt^/icyoy  wetrw  t^j  weerpl- 
«>t  aal  ii^pcnro^M^A^  it9frw^fi^l{9ff(ku  Keti  ivouf 


PSEPHUS 


517 


KoZUrKouf  K€HjAvot»  rhy  fitp  vpo^ocias  rhy  8^ 
fftrrripttu  cTycu  ical  r&r  ^^vs  ^4pt(r$«u  riis  ftiv 
irip  AycurrdirffWff  r^s  war^8os  rhs  8i  itw^p 
iktr^aXtlas  arol  TJ}r  ip  rp  t6\u  Meufiovias. 
Whilst  SchOmann,  whom  Lipsius  follows, 
identifies  the  irpoiocias  KoJita'Kos  with  the 
iwoAiWy,  and  the  catrripias  Koiiaieos  with  the 
kiro^iKvSf  Sauppe  supposes  that  the  orator 
alludes  to  the  ac^pios  ica8(o'icor  and  the  itcvpos. 
Directions  as  to  voting  may  be  given  in  two 
ways:  either  the  dica»t  is  told  which  of  the 
two  4^^i  he  is  to  put  into  the  K^piot  KMvitosy 
as  in  Aeschin.  c.  IVrn.  §  79,  viz.  the  pierced  one, 
if  he  thinks  Timarchus  guilty,  the  solid  one  if 
not ;  or  he  is  directed  into  which  of  the  two 
urns  to  place  the  pierced  one.  Thus  in  the  trial 
of  Leocrates,  if  he  places  it  in  the  idJpcor,  he 
condemns  Leocrates  and  votes  for  the  safety  of 
the  state ;  if  on  the  other  hand  he  places  it  'm 
the  &icvpor,  he  acquits  Leocrates  and  betrays  the 
state :  and  these  urns  may  thus  in  a  rhetorical 
manner  be  called  avniplas  KoiiffKos  and  wpo- 
hotrlas  respectively.*  As  for  the  second 
instance  (a  Sltni  ^9viofuiprvpt&p),  there  the 
dicast  had  clearly  but  one  ^^r.  For  when  on 
the  ^^01  being  taken  out  of  the  urns  it  was 
evident  that  the  defendant  bad  been  found 
guilty,  the  prosecutor  allowed  the  archon  firj 
avpapiOfi€7tf  dAX^  avyx^at  rks  ^n^^vr,  i.e.  to 
mix  up  the  ^iji^i  of  the  two  urns  (of  the 
plaintiff  and  the  defendant  respectively),  not  to 
count  those  in  each  ;  if  two  kinds  of  ^^i  had 
been  used,  and  therefore  some  of  each  had  been 
placed  in  the  ir^pior,  it  would  have  been 
rather  a  question  of  ItapiBfiuv  (Szanto,  Wiener 
Stud,  1881,  p.  28  f.).  The  same  system  seems 
to  have  been  regularly  in  use,  when,  as  in 
inheritance  cases,  there  were  several  parties 
before  the  court,  to  one  of  whom  an  estate  or 
some  other  thing  was  to  be  adjudged,  and  where 
it  was  customary  to  have  as  many  boxes  as 
there  were  parties,  or  at  least  parties  in  distinct 
interests  ([Dem.]  c.  Macart.  p.  1053,  S  10,  koX 
al  ^^01  6Kiyais  irdyv  iydporro  wXciovs .... 
ip  r^  BeowSfiTOv  KtMaKtp  ^  ip  r^  r^s  yvpaut6% : 
cf.  Isae.  Hagn,  §  21  f.).  {Att,  Procesi,  ed. 
Lipsius,  p.  934  ff.) 

As  regards  the  senate,  Pollux  (viii.  19)  says, 
1^  fiovXii  ol  irtPTatc6a'toi  ^^Wots  ianl  ^^p 
iXP^f^O'  This  refers  to  the  expulsion  of  an 
unworthy  member  by  this  body,  the  votes  being 
written  on  leaves  (Harpocr.  s.  v,  iK^vWo- 
^op^aeu),  it  was  followed  by  a  second  vote 
where  ^frji^oi  were  used  (Aeschin.  c.  Tim.  §  111  f. 
and  Schol.  ad  I.  c),  when  the  person  expelled 
might  be  restored  to  his  place  in  the  senate 
{Att.  Processj  ed.  Lipsius,  p.  246  f.).  The  Etym. 
Magnunij  s.  v.,  says  that  beans  were  used  at  first 
in  voting,  and  that  leaves  were  substituted  on 
account  of  a  fraud  practised  with  the  beans. 
When  an  eisangelia  was  laid  before  the  senate, 
they  gave  their  verdict  by  seci*et  ballot,  whether 
the  defendant  was  guilty  or  not ;  and  if  he  was 
found  guilty,  they  voted  on  a  second  day  by 
show  of  hands '  {Btax*ipoTOpla)  whether  they 
should  sentence  him  to  a  fine  of  500  drachmas, 
which  it  was  competent  for  them  to  impose,  or 
hand  him  over  to  a  court  ([Dem.]  c.  Euerg.  ct 

*  In  public  trials  It  would  seem  that  only  one  mctliod 
of  voting  was  in  use  alter  the  archonship  of  Encleldcs, 
viz.  tbat  with  two  ^^ij^. 


618 


P8EPHUS 


lines,  p.  1152,  §  42  f . ;  Aescbm.  c,  Tim,  §  35, 
lex).  Secret  voting  in  deciding  the  question 
guilty  or  not  guilty  was  here  the  rule,  and 
Lysias  complains  of<  the  irregularity  introduced 
by  the  Thirty,  viz,  that  the  votes  should  be 
placed,  not  in  boxes,  but  openly  on  tables  (c. 
Agar,  §  37).  Similarly  the  Thirty  introduced 
open  voting  in  the  popular  assembly  (Xen.  Sell, 
ii.  4, 9 :  of.  the  action  of  the  oligarchs  in  Megara 
in  B.C.  424,  Thuc.  iv.  74).  Here  the  usual 
method  of  voting  was  by  show  of  hands  (x*^P^ 
roWa) :  but  on  the  occasions  when  the  ballot  was 
employed,  it  was  deemed  important  that  the 
voting  should  be  secret,  and  that  the  numbers 
should  be  accurately  counted.  Thus  to  past  a 
psephisma  for  the  naturalisation  of  a  foreigner 
([Dem.]  c.  Neaer,  p.  1375,  §  89),  or  to  grant 
liberty  (&5«ia)  to  speak  concerning  a  dis- 
franchised person  or  a  state  debtor  (Dem.  e. 
Tim,  p.  715,  §  46),  it  was  necessary  that  6,000 
persons  should  vote  in  secret  (not  a  majority  of 
6,000).  The  same  regulation  applied  to  ostra- 
cism [Ezsiliuh],  both  as  regards  number  of 
voters  and  secrecy  of  voting  ((rrp^^yrcs  riip 
^iri7/ia^y,Philochoru8  in  Lex  Mhei.  Cant,  s.  v.). 
When  the  assembly  acted  in  a  judicial  capacity, 
the  proceedings  were  probably  the  same  as  those 
detailed  in  the  irpa$oi\€VfAa  concerning  the 
generals  in  Xen.  Hell,  i.  7,  9 :  iua^^laatrBai 
'ABtipoIovs  iwam-as  (i.e,  the  6,000  necessary  for 
p6fiot  iir*  iofipij  Friinkel,il^£.  Geschvcorengery^,  18) 
Kvrk  ^vA<if,  0c7i'cu  Be  tU  r^p  ipvK^p  iKOffn^v 
h^o  ^9ptas'  i<p'  iKdtrrn  9^  T^^vAp  tci^pvKa  icfip(rr-' 
rtiPj  Zr^  9oKovaty  aSac§ip  ol  (rrparrtyoi  .... 
els  r^p  irpfn4ptuf  ^it^laaffBai,  Sr^  th  /i^,  §ls  rV 
iffripw.  This  mode  of  voting  was  in  no  way 
irregular,  as  Litochcke  shows  {Jahrb,  f.  Philol. 
1876,  p.  755  f.);  the  irregularity  consisted, 
among  other  things,  in  the  fact  that  it  was 
proposed  to  vote  upon  the  case  of  all  the  accused 
persons  at  once  (jit^  ^^t  ^^^  '•  <^'  ^^j  ^^ 
ii0p6oi.  Plat.  Apol.  Socr,  23  B;  cf.  Lys.  c, 
Eratosth,  §  52),  not  icav^  Sva  tKcurrov  (Xen.  /.  c. 
23,  34).  This  was,  however,  not  specially 
ordained  by  the  psephisma  of  Cannonus,  as 
Grote  thinks  (^Hiet,  of  Or,  vii.  p.  438  n.),  but 
was  a  generally  recognised  principle  of  Attic 
law  (Bamberg,  Herm.  1878,  p.  509  ff. ;  Phib'ppi, 
M,  M,  1880,  p.  607  ff.). 

Secret  voting  was  also  practised  when  the 
members  of  a  phratry  registered  a  new-born 
child  or  an  adopted  son  in  the  ppartpiKhv 
ypafifMTtioy  (Dem.  c.  Macart,  p.  1078,  §  82 ;  cf. 
the  continuation  of  C,  I.  A,  ii.  No.  241  b,  pub- 
lished in  Berl,  Philol,  Wochentchr,  1889,  No.  7, 
p.  225);  when  the  demotae  entered  the  name  of 
the  youth  in  the  Xri^iapxuchv  ypof^ioTuoy  (Dem. 
c.  Eubul.  p.  1318,  §  61 ;  Eusitheus  learned  the 
fact  of  Eubulides  not  having  voted  against  him 
only  from  the  circumstance  that  all  had  voted 
for  him),  and  in  a  hwftfiipicts  (Suidaft,  8, v.; 
Dem.  c.  Eidnd,  p.  1302,  §  IS  f.  speaks  of  ^i^oi : 
Pollux,  riii.  18,  says  that  AiWa  were  used  on 
such  occasions) ;  cf.  also  C.  I,  A,  ii.  No.  578, 
1.  16  £f.,  r^  SJI  MvB^ivif  fiii  ^{ciVM  ^(cAciy  riiP 
€ti$way  4iuf  fih  rots  irXioauf  SJ^ci  T«y  5cica  r&v 
olptBdiTWP  liiw\rtri^i(ofi4»ois  Kpiti^tiv, 

The  people  or  senate  or  jury  were  said  i^^f- 
fcdrOoi,  ^^ipo¥  ^4pttp  or  ridtirOcu  or  iieuf>4ptip 
(Thuc.  iv.  74;  Xen.  Si/mp,  5,  8),  to  vote,  or 
gioe  their  vote  or  judgment  (j^pov  ri94ifat  in 
Dem.  de  Cor,  p.  304,  §  229,  is  to  cast  aooounts). 


.PSEUDENGBAPHES  GBAPHE 

Thd  presiding  magistrate  or  officer,  who  called 
on  the  people  to  give  their  rotes,  was  said  ivv^ 
^littp  or  r^y  ^f^y  hrdy^tp  or  iiMpot  (Lys. 
c.  Aldb.  ii.  §  2 ;  Dem.  c.  Mid,  p.  542,  f  82,  efc), 
the  people  iin}^^l{etr0eu :  f^ii^L(9^9cd  run 
(Isae.  Cleon,  §  38,  etc)  is  tententiam  ferrt  pro 
aliquo  =  r^y  y^^op  M6ym.  or  ^pttw  rud  (Dezn. 
c.  Mid.  p.  575,  §  188,  etc.).  Yiy<^<{c4r9ai,  to  vote, 
to  resolve,  &iro^^((e<r9ai,  to  acquit,  and  other 
derivations  from  4^^of,  are  often  used  meta- 
phorically, where  the  method  of  voting  'was 
Xeiporoi^  and  conversely  (SchQmann,  de  Com, 
p.  123  f.).  rC.  R.  K.]    [H.  H.] 

PSEUDE^GRAPHES  GRAPHE  (ifrcv- 
8c77pa^s  7^a^).  It  is  shown  under  Prao- 
TORES  that  the  name  of  every  state  debtor  at 
Athens  was  entered  in  a  register  by  the  prac- 
tores,  whose  duty  it  was  to  collect  the  debt, 
and  erase  the  name  of  the  party  when  he  had 
paid  it.  The  entry  was  usually  made  upon  a 
return  by  some  magistrate,  to  whom  the  incur- 
ring of  the  debt  became  officially  known;  as, 
for  instance,  on  a  return  by  the  nrmXttral,  thai 
such  a  person  had  become  a  lessee  of  public 
lands,  or  farmer  of  taxes,  at  sudi  a  rent  or  on 
sDch. terms.  In  case,  however,  the  authorities 
neglected  to  make  the  proper  returns,  any  indi- 
vidual might,  on  his  own  responsibility,  give 
information  to  the  registering  officers  of  the 
existence  of  the  debt ;  and  thereupon  the  officers, 
if  they  thought  proper,  might  make  an  entry 
accordingly,  though  it  would  probably  be  their 
duty  to  make  some  inquiry  before  so  doing.  If 
they  made  a  false  entry,  either  wilfully  or  upon 
the  suggestion  of  another  person,  the  aggrieved 
party  might  institute  a  prosecution  against 
them.  It  would  lie  also,  where  a  man  w.ns 
registered  as  a  debtor  for  more  than  was  really 
due  from  him.  In  the  case  of  debts  to  a  sacred 
fund,  where  the  penalty  for  non-payment  wa« 
tenfold,  the  like  remedy  would  doubtless  be 
open  to  one  who  was  falsely  recorded  as  a  debtor 
by  the  rapltu  r^i  0eoG.  Such  prosecution  was 
called  ypa^^  ^cviryTpo^f,  and  was  brought 
before  the  Thesmothetae.  If  the  defendant 
were  convicted,  the  name  of  the  complainant 
was  struck  out  of  the  register  and  that  of  the 
defendant  was  entered  in  his  stead,  as  debtor  for 
the  same  amount  (Boeckh,  P.  E,  p.  390  =5UA.' 
i.  460).  It  is  also  probable  that  he  bkd  to  pay 
a  like  sum  as  damages  to  the  plaintiff;  a  con- 
clusion- to  which  Boeckh  was  led  by  the  very 
precise  language  of  an  inscription  (C.  1,  A.M. 
811  c,  line  147;  cf.  Seewrk,  p.  537  ff.;  Friinkel, 
n.  607  on  Boeckh;  Thalhdm,  BsMsaitcrth. 
p.  46  n.). 

Some  questions  connected  with  this  action 
have  already  been  discussed  under  the  very 
similar  Bohleuseos  Gbaph^  (Vol.  I.  p.  314) : 

(1)  whether  the  atimia  of  the  state  debtor  was 
in  abeyance  while  this  action  was  pending ;  and 

(2)  against  what  class  of  persons  it  would  lie. 
The  conclusion  there  arrived  at,  that  it  lav  onlv 
against  the  public  officer  who  had  made  th« 
false  entry,  not  against  the  informer  who  had 
misled  him,  may  be  regarded  as  definitely  estate- 
lished  by  the  inscription  already  referred  to 
{Seevrk,  p.  538;  Platner,  p.  118;  Att,  Process^ 
p.  417  n.  Lips.).  We  may  presume  that  on 
such  a  charge  it  was  necessary  to  prove  fraudu- 
lent or  malicious  motives ;  but  it  is  reaaonabli> 
also  to  suppose  that,  in  any  case  of  grow  negli- 


PSEUD00LETE1A8  GBAPHB 


P»YCTBB 


519 


genoe,  fraud  or  malice  might  (as  matter  of 
course)  be  presumed  by  the  dicants.  (Pollux, 
viii.  40,  43;  Harpocr.  and  Suid.  s.  tv.  /SovAc^ 
<ruts,  T^fvityypop^f  i^tMYfpa/^s  Hkh  :  Boeckh, 
P.  E,  pp.  349,  390= ^M^.*  i.  419,460;  Platuer, 
Klagen  und  FrooeaSf  ii.  117  f.;  AtL  Proaess, 
p.  515  ff.  Lips.)  [C.  B.  K.]    [W.  W.] 

PSEUDOCLETEIAS    6BAPHK  (^rcvSo- 
KkitTflas  yptup-^yy  a  prosecution  against  one  who 
had  falsely  appeared  as  a  KXarriip  or  KX-fyrvp,  i.tf. 
a  witness  to  prove  that  a  defendant  had  been 
duly  summoned,  and  who  had  thereby  enabled 
the  plaintiff  to  get  a  judgment  by  derault.     To 
prevent  fraud  the  Athenian  law  directed  that 
the  names  of  the  witnesses  '(usually   two  in 
number ;  Cletebeb)  who  attended  the  summons 
should  be  subscribed  to  the  bill  of  plaint  or 
indictment  {(yic\fifui\  so  that  the  defendant,  if 
he  had  never  been  summoned  and  judgment  had 
nerertheless  been  given  against  him  by  default 
(ip^lfiil    5£jn|),  might  know   against   whom   to 
proceed.      A  good   example    of   the    practical 
necessity  for  legislation  on  this  point  occurs  in 
Dcm.  c.  yicostr,  p.  1251,  §  14,  where  we  read 
of  iacpiffKXtfrw  4^  4fupav&t>  Kctraarda'fws  iTi- 
/SoAi^y,  *^a  fine  for  non-production  of  property 
in  court  demanded  (and  even  registered)  without 
formal    citation "    (cf.    Sandys   ad    loc. ;    Ait, 
Process,    p.    976    Lips.).      The    false    witness 
(xXirrj)^)  was  liable  to  be  criminally  prosecuted, 
and  punished  at  the  discretion  of  the  court. 
Even  death  might  be  inflicted  in  case  of  gross 
conspiracy  (Dem.  op.  dt.   p.  1252,  §  18).    A 
person  thrice  convicted  of  this  offence  was,  as  in 
the  case   of   other   false   testimony,  ipto  jure 
disfranchised  ;  and  even  for  the  first  offence  the 
jary  might,  if  they  pleased,  by  a  irpoffrifiria'ts 
inflict  the  penalty  of  atimia  upon  him  (Andoc. 
de  Jlyst.  §  74 ;  Meier,  de  Bon,  Damn,  p.  125). 
Here  we  may  observe  this  distinction,  that  the 
proceeding  against  the  £slse  witness  to  a  stmi- 
mons  was  of  a  criminal  nature,  while  the  witness 
in  the  cause  (fuiprvs)  was  liable  only  to  a  civil 
action.     The   reason   may  have  been  that  the 
fonner  offence  was  more  likely  to  do  mischief. 
The    magistrates  before  whom  the  defendant 
neglected   to  appear,  when  by  the  evidence  of 
the  witness  it  was  shown  that  he  had  been  duly 
lommoned,  had  no  discretion  but  to  pronounce 
jadgment  against  him ;  whereas  the  dicasts,  to 
whom  the  witness  gave  evidence  at  the  trial, 
might  disbelieve  him  and    find  theiii  verdict 
according  to  the  truth.    If  the  fraud  was  owing 
to  a  conspiracy  between  the  plaintiff  and  the 
witness,  it  is  probable  that  an  action  at  the  suit 
of  the  defendant  would  lie  against  the  former  to 
recover  compensation;  for,  though  the  convic- 
tion of  the  witness  would  lead  to  a  reversal  of 
the  judgment,  still   he  (the  defendant)  might 
have  suffered  damage  in  the  meantime,  which 
the  setting  aside  of  the  judgment  would  not 
repair.     Such  action  might,  it  would  seem,  be  a 
iiicri  (rvMo^earrltu  (Ati,  Process,  p.  413,  Lips.)  or 
KMortxywp  (ib.  492-3).     If  the  name  of  the 
witness    had    been   fraudulently   used    by   the 
plaintiff,  and  tlie  witness    had    thereby   been 
brought  into  trouble,  there  is  evidence,  as  well 
as    probability,   that    he    had  a  8(ici}  fiKdfiris 
against  the  plaintiff  (»&.  415  ;  Dem.  c.  Aphoh,  iii. 
p.  849,  §  16).    The  ypo/^ii  ^€v9oK?<7tT*ias  came 
before  the  Theamothetae,  and  the  question  at 
the  trial  simply  was,  whether  the  defendant  in 


the  former  cause  had  been  summoned  or  not. 
Theopompus,  in  a  passage  which  is  perhaps  a 
libel  upon  the  Athenians,  says  that  Athens  was 
full  \vwo9uTW  ^tviofAOpT^pw^  jcal  vvKo^awrmp 
Kol  i^fvioK^firiipvy  (ap,  Ath.  vi.  p.  254  b). 
(Pollux,  viii.  40 ;  Harpocr.  s.  v. ;  Bekk.  Anecd. 
317 ;  Boeckh,  KL  Schriften,  iv.  120  ff. ;  Plainer,. 
Kiagen  u.  Process,  i.  417;  K.  F.  Hermann, 
Staatsalierth.  §  140;  Att  Process,  p.  414  f.. 
Lips.)  [0.  B.  K.]    [W.  W.] 

PSILO'THBUM  (ifr^»0poy),in  Utin  authors 
sometimes  spelt  psilotrum,  an  application  for 
removing  superfluous  hair,  a  depilatory.  The 
favourite  kind  was  made  of  heated  arsenic  and 
unslaked  lime  (Theophr.  if.  P,  ix.  20,  §  3) ;  the 
arsenic  is  mentioned  by  Pliny  {H,  N.  xxxiv. 
§  178).  The  roots  and  juices  of  various  pungent 
plants  were  also  used  ;  the  root  of  the  wild  vine, 
Theophr.  /.  c. :  on  the  other  hand,  lacrima  tntmnty 
Plin.  H,  N.  xxiii.  §  3 ;  lacrima  hederae,  id. 
xziv.  §  79  ;  other  vegetable  substances,  zx.  §  90, 
xxi.  §  118,  xxii.  §  134,  xxiv.  §  58,  xxvii.  §  72; 
animal  matters,  xxviii.  §§  46,  250,  255,  xxx. 
§  132,  x^^xii.  §  76.  Several  receipts  are  given 
{H,  K  xxxii.  §§  135-6),  with  the  remark 
appended  that  the  hairs  must  first  be  pulled  out 
[Volbellae],  when  psilothrum  will  prevent 
their  growing  again.  Pitch-plaster  (8pSira|) 
was  used  for  the  same  purpose  (Mart.  iii.  74,  x. 
65 ;  Phrynich.  p.  405  Lobeck=488  Rutherford). 

The  practice  of  getting  rid  of  hairs  from  the 
body  (iroporfAXiofai,  Ktait^taOeu)  was  at  first 
peculiar  to  women  (Aristoph.  JRan,  516,  Lysistr. 
82,  151 ;  a  Roman  lady's  toilet  in  Mart.  vi.  93), 
but  in  later  times  extended  to  men  of  effeminate 
habits.  (See  quotations  from  Theopompus  ap, 
Athen.  vi.  260  e,  xii.  518  a;  Clcarchus,  ih,  xii. 
522  d ;  Antigouus  of  Carystus,  i6.  xiii.  565  f ; 
and  cf.  Plin.  H,  N,  xxvi.  §  164.)  The  foppbh  and 
obscene  excesses  of  the  later  Romans  are  well 
known  (Suet.  Jul.  45 ;  Mart.  iii.  74,  viii.  47,  x. 
65 ;  Pers.  iv.  35-41 ;  Juv.  ii.  12 ;  Clem.  Alex. 
Paedag.  iii.  p.  261  P.).  Cf.  Alipilus  ;  Volbeluie. 
(Hermann-Bliimner,  Privataiterth.  p.  209  n.; 
Marquardt,  Privatl.  p.  581 ;  Becker-GkilU  Gallus, 
iii.  241.)  [W.  W.] 

PSYCTEB  (i^wcrtip),  a  vessel  for  cooling 
wine  or  water.  Wine  was  also  cooled  more 
simply  by  putting  it  in  wells  (Athen.  iii. 
p.  124  d ;  Pint.  Quaest,  Cohv,  6,  4),  or  mixing 
it  with  snow  (Athen.  iii.  p.  125  c),  or,  less 
commonly,  with  ice  (Sen.  £p,  78).  These  special 
wine-coolers  were  introduced  to  keep  the  snow 
separate  from  the  wine.  The  vessel  bore  various 
names,  in  Greek  usually  ^vatr^p  or  ^V7ci;r,  but 
also  /Sa^itaAis  (Anth,  Pal,  xi.  244)  and  K^XaBos 
(Hesych.);  in  Latin  calathus  (Verg.  Ed.  5,  71  ; 
Mart.  xiv.  107)  or  gUlo.  In  Plat.  Symp,  p.  214  A, 
the  ^rviCT^p,  which  Alcibiades  substituted  for  a 
drinking-cup,  contained  two  quarts,  but  this 
was  a  small  size ;  on  the  other  hand  the  enor- 
mous ^jcT^pcf  mentioned  in  ^then.  v.  199  as 
carried  in  a  procession  and  containing  from  18 
to  54  gallons  were  clearly  not  for  ordinary  use. 
The  material  was  metal  (silver  or  bronze,  Athen. 
/.  c.  and  iv.  p.  142  d)  as  well  as  earthenware, 
and  therefore  the  cooling  cannot  have  depended 
on  evaporation  through  a  porous  substance.  As 
regards  the  shape,  an  example  is  given  by  Ban- 
meister  {Denkm,  p.  1989),  but  it  is  not  likely 
that  they  were  nil  of  one  type.  Pollux  (vi.  99) 
says  that  it  was  a  STvor,  which  implies  that  it 


520 


PUBZS 


PUBUOANI 


was  rounded  at  the  bottom  (Schol.  Aristoph. 
Ati6.  1474,  Vesp,  618 ;  cf.  Athen.  iv.  p.  142, 
where  it  is  on  a  tripod),  and  he  adds  that  it  was 
distinguished  from  the  Acratophorus  by  haying 
no  pedestal,  but  standing  on  little  knobs  (iurrpa- 
yaXiffKoi),  with  which  Ussing  compares  a  vessel 
tigured '  in  Mua.  Borbon,  iii.  14.  It  is  not  im- 
probable  that  the  rounded  shape  was  found 
conrenient  for  the  inner  vessel  in  the  double 
^vtcT'iip.  The  name  caiaihua  also  may  be  de- 
scriptive of  one  of  the  shapes  which  it  took 
(perhaps  most  commonly),  like  the  ordinary  pail- 
shape,  larger  at  the  top  and  diminishing  towards 
the  base.    [Calatuus.] 

The  name  Psycter  might  probably  be  given  to 
any  vessel  in  which  wine  was  cooled,  even  when 
the  process  was  merely  putting  in  snow,  but 
the  contrivance  specially  so  called  consisted  of 
a  smaller  vessel  placed  within  a  larger  one. 
Sometimes  the  wine  (or  water)  to  be  iced  was 
placed  in  the  smaller  and  plunged  into  the 
larger  vessel  which  contained  snow-,  sometimes 
the  snow  was  placed  in  the  smaller  vessel  and 
let  down  into  the  larzer  vase  of  wine.  When 
the  wine  was  suflSciently  iced,  the  smaller  vessel 
was  no  doubt  removed,  and  the  wine  ladled  out 
with  a  cyathus  (Athen.  xi.  p.  503) :  we  have  no 
reason  to  suppose  that  a  tap  was  used,  as  seems 
to  have  been  sometimes  the  case  in  the  Au- 
TIIEF8A  for  hot  drinks.  A  contradiction  has 
been  imagined  between  Snidas,  who  derives  the 
name  itwh  rov  ^x*^^'^  ^^  aibr^  Barroy  r^v 
KpoffiVj  and  Pollux,  who  says,  iv  f  ^y  6  iKparos : 
but  there  is  no  difficulty  in  assuming  that  the 
wine  was  sometimes  mixed  before  it  was  cooled, 
and  sometimes  afterwards. 

Iced  water,  the  gelida  of  Juv.  v.  63  (Jriguh, 
Tac.  Ann.  xiii.  16X  which,  like  the  calida,  was 
>handed  round  to  mix  with  the  wine,  or  was 
used  as  a  drink  by  itself  (Athen.  iii.  p.  121  e, 
122  f),  was  prepared  in  a  ifo/xr^p  as  above 
described  (in  Mart.  xiv.  116,  lagona  nivaria),  and 
a  special  term  decxxta  belongs  to  it,  because  it 
wai  boiled  first  in  order  that  it  might  more 
readily  be  iced  aflerw^ards  (Plin.  xix.  §  55 ;  Juv. 
V.  50,  and  Mayor  ad  loc.).  Pliny  (xxxi.  §  40) 
says  that  this  deoocta  was  an  invention  of  Nero's 
(cf.  Suet.  Ner.  48),  and  that  the  water,  which 
bad  sometime  previously  been  boiled,  was  placed 
in  a  glass  vessel  and  so  plunged  into  a  larger 
vessel  of  snow,  that  it  might  escape  any  im- 
]>uritie8  (vitid)  of  the  snow.  l*he  word  BrtHStcra 
was  borrowed  by  some  Greek  writers  (Galen,  x. 
p.  467  ;  cf.  Athen.  iii.  p.  121). 

The  snow  for  this  purpose,  or  for  use  in  the 
colvu  or  saccus  ntean'us,  was  kept  through  the 
summer  in  pits  covered  over  with  chaff  and 
woollen  cloths  (Plut.  Symp.  vi.  6  ;  Angustin.  de 
Civ.  Dei,  xxi.  4):  compare  the  narrative  of 
Chares  (np,  Athen.  iii.  p.  124  c),  who  tells  us 
that  Alexander  preserved  snow  in  India  by 
putting  it  in  trenches  and  covering  it  with  oak 
boughs.  The  method  of  Autiochus  stated  below 
(p.  124  e),  when  69plat  Kepdfitat  were  placed  on 
straw  on  the  top  of  the  house  at  night,  seem»  to 
have  been  the  method  of  freezing  by  evaporation 
which  in  common  in  Persia  at  the  present  time. 
(See  also  Ussing  in  Annal.  d.  Tnst.  1849;  Beck- 
mann,  Hist,  of  Inventions,  iii.  322  ;  Bccker-Goll, 
Chariiles,  li.  346  ;  aallua,  iii.  430 ;  Marquardt, 
Privaaehen,  333.)  [J.  Y.]    [G.  E.  M.] 

PUBE8,PUBERTA8.  [Curator;  Impubes.] 


PUBUCA'NI.    The  name  was  applied  (o 
the  farmers-general  of  the  Roman  revenues ;  the 
word  publicum  denotes  both  stiite  revenue  and 
state  service  (Dig.  39,  4,  1;  Tac  Ann,  xiii.  51  ; 
Livy,   xxiit.  49,   1),   and    publicani,   which    is 
derived  from  it,  combines  both  these  ideas,  in  its 
meaning  of  persons  who  served  the  state  in  the 
collection  of  its  revenues.     The  mode  of  collec- 
tion is  shown  further  by  the  definition  of  publi- 
cani in  the  Digest  as  "  contractors  for  the  public 
vectigalia  "  (Dig.  39, 4,  12).    From  a  very  early- 
period  the  Roman  state  employed  a  peculiar 
mode  of  getting  in  a  very  large  amount  of  its 
revenues.     It  was  a  system  of  indirect  collection 
by  means  of  middlemen,  a  class  of  indiridoals 
intermediate  between  the  government  itself  and 
the  subjects  of  governmental  taxation.     Such  a 
system  was  probably  employed  for  the  collection 
of  the  old  port-dues  of  Ostia  on  goods  exposed 
for  sale  {promercale\  and    certainly   for    the 
working  of  the  salt  monopoly,  which  originated 
as  early  as  the  year  508  B.a  (Livy,  iL  9,  6). 
The  system  was  simply  that  of  the  purchase  or 
lease  by  a  publicanus  of  a  prospective  source  of 
revenue,  which  he  farmed  at  his  own  risk  and 
for    his    own    profit.      This  was  the    general 
principle,  as  illustrated   by  all  the  sources  of 
revenue  to  which  the  system  was  applied ;  but 
its  application  was  difierent,  as  the  sources  of 
revenue  themselves  differed  ;  and  we  can  distin- 
guish two  methods  of  tax-fanning,  which  were 
reganled  as  distinct   both  in  law  and  in  fact. 
In  one  of  these  the  publicanus  is  not  directly 
employed  in  working  the  source  of  revenue,  in 
the  other  he  is ;  in  the  one  case,  therefore,  the 
publicanus  is  not  the  posseiaor  or  occupant  of 
the  land,  or  other  source  of  wealth,  from  which 
the  revenue  is  derix^ed:   in  the  other  case  the 
possessor  and  publicanus  are  identical.     It  is  onl y 
to  the  first  of  these  two  classes  of  tax-farmers — 
to  those,  that  is,  who  are  regarded  as  collecting 
VTctigal  from  possessores  oiYi^x  than  themselves — 
that  the  name  piMioanus  is  strictly  applied; 
the   latter  class  are  regarded  in   law  not   as 
publicani,  but  as  pvhlicanorym  loco  (Dig.  39,  4, 
12,  13),  although,  in  the  current  literature  of 
Rome,  they  were,  equally  with  the  former  class, 
called  publicani. 

It  will  be  n)ore  convenient  to  treat  the  Utter 
class  of  publicani  first ;   their  relations  to  the 
state  were  simpler,  and  their  sphere  of  action 
more  limited.     To  this  class  belong  the  revenue- 
farmers  who  worked  certain    fixed  sources  of 
wealth,  such  as  mines,  salt-works,  fisheries  and 
the  like,  which  belonged  wholly  to  the  state, 
and  which  the  state,  for  purposes  of  revenue, 
leased  directly  to  the  publicanus  as  a  contractor. 
The  publicanus   is,  in   this  case,  a  contractor 
(conductor)  for  supplying  a  fixed  revenue  to  the 
state  irom  such   property.    The  terms  of  Hia^ 
contract  are  fixed  by  a  Ux  censoria  made  with 
the  censor  as  the  representative  of  the  state; 
and    the  lex  censori€^  besides   specifying    the 
revenue  that  the  state  requires  him  to  pay,  also 
states  certain  conditions  under  which  the  con- 
tract is  to  be  undertaken.     To  this  class  of  fixed 
sources  of  revenue  directly  contracted  for  br 
the  publicanus  belong  fisheries  (Dig.  43,  14,  7)^ 
amongst  which  the  right  of  fishing   in    the 
Lucrine  lake  was  a  monopoly  vetted  in  a  publi- 
canus ;    salt-works,  perhaps  the  oldest  of  this 
class  at  Rome  (Livy,  ii.  9,  6 ;  Dig.  50,  16,  17),. 


PUBUCANI 

the  monopoly  of  which  waa  continued  down  to  a 
very  late  period  of  the  Empire  [Salinae]; 
mines,  in  connexion  with  which  we  Hnd  certain 
conditions  stated  in  the  lex  censoriciy  as,  for 
instance,  that  not  more  than  five  hundred  work- 
men should  be  employed  in  the  gold  mines  of 
Vercellae  (Pliny,  If.  N.  uxiii.  §  78)  by  the 
4.-ontractor  who  worked  them ;  and  forest-land 
{sUva  caedua\  which  was  also  let  to  a  contractor 
who  paid  a  iizcd  revenue  to  the  state.  These 
were  all  in  the  nature  of  state  monoplies ;  either 
wholly  so,  as  in  the  case  of  the  mines  and  salt- 
works, or  partially,  as  in  the  case  of  certain 
iisheries  retained  by  the  state;  while  new 
monopolies  might  be  artificially  created,  as  were 
the  quarries  in  Crete,  by  forbidding  the  expor- 
tation of  such  goods  to  any  one  but  the  govem- 
metit  contractor  (Dig.  39,  4,  15).  The  reason 
of  their  being  worked  by  this  class  of  middle- 
men can  only  be  found  in  the  incapacity  of  the 
Roman  goyemment,  as  it  was  constituted,  to 
work  them  for  itself.  The  rapid  succession  of 
magistrates  and  the  singular  absence  of  perma- 
nent ofiicials  at  Rome  accounts  for  its  putting 
such  sources  of  wealth  into  the  hands  of  publi- 
cani,  to  the  equal  injury  of  the  consumer  and 
loss  of  the  state.  •  Before  the  powers  of  the 
senate  were  firmly  established  and  distinctly 
recognised  there  was  no  really  permanent 
administrative  body  in  Rome ;  and  when  the 
{towers  of  the  senate  were  established,  the  system 
of  middlemen- was  found  established  too.  But 
this  system  of  direct  farmine  was  not  applied  to 
remunerative  monopolies  only ;  it  was  applied, 
in  certain  exceptional  cases,  to  Roman  domain- 
land.  The  only  land  in  Italy  believed  to  luive 
been  so  dealt  with  was  the  Campanian  lahd^. 
which,  for  this  reason,  was  specially  exempted 
from  the  agrarian  legislation  of  the  Gracchi 
(Oic  de  leg.  Agr.  ii.  29,  81 ;  ad  Alt.  ii.  16,  1). 
Certain  lands  in  the  provinces,  which  had  been 
royal  domains  of  the  kings  whom  Rome  bad 
either  conquered  or  supplanted,  were  also  dealt 
with  in  this  way ;  such  were  the  royal  domain- 
lands  in  Bithynia,  the  lands  of  Attains  in  the 
Chenonnese,  those  which  had  been  the  private 
property  of  the  Macedonian  kings  Philip  and 
Perseus,  and  which  were,  in  Cicero's  time,  a 
cetuorSnu  locati  to  the  publicani  (Cic  de  leg.  Agr. 
iL  19,  50) ;  in  the  same  way  certain  portions  of 
confiscated  territory  were  leased  to  conductores, 
among  which  we  find  mentioned  the  territorv 
round  Corinth  (l^.  ii.  19,  51> 

But,  as  a  whole,  we  find  the  public  land  of 
Kome  (ager  publicus)  dealt  with  in  quite  a 
different  manner  by  the  state.  The  greater 
part  of  the  land  over  which  the  Roman  state 
claimed  dominion  was  either  tilled  land  (ager) 
or  pasture  {silva  pascua,  saltu%  Dig.  50,  16,  30 ; 
Vanro,  X.  L.  5,  36).  As  such  it  was  enjoyed,  if 
tilled  land,  by  the  possessor ;  if  pasture  land,  by 
the  pastor :  but  the  state  makes  no  fixed  bargain 
with  either  of  these,  it  only  tolerates  them,  and 
the  possessor  in  this  case  is  not  the  publicanus. 
The  publicanus  is  the  man  who  has  a  right  to 
collect  vecUgal  (ivo^opci,  App.  Civ.  Bell.  i.  7 ; 
Plut.  IVf.  Gracch.  8)  from  the  person  who  uses 
the  land.  The  revenue  to  be  paid  is  determined 
by  the  lex  dkta^  under  which  the  censor  sold 
the  right  to  the  publicanus  (Lex  Agraria,  §  85, 
ex  lege  didd,  qwxm  oen^jres  deixermU,  piMicano 
dare  ^nrtuit).    The  conditions  of  sale  with  the 


PUBLICAN 


publicanus  obviously  determine  wlhii  the  pos- 
sessor or  pastor  has  to  pay.  The  pe^essor 
according  to  Appian,  paid  one-tenth  oi 
produce  of  sown  land,  one-fifth  of  the  product 
of  planted  (Bell.  Cio.  i.  7),  although  the  vectigal 
actually  collected  seems  to  have  been  m  most 
cases  less.  The  pastor  paid  a  vectigal,  which  in 
this  case  was  called  scriptura  (Festus,  s.  v. 
scriptuarius  ager).  The  relations  between  the 
publicanus  and  the  occupants  of  the  land  were 
regulated  by  the  lex  dicta  of  the  censor.  The 
third  great  class  of  revenues  collected  in  this 
manner  were  the  custom-dues  (portoria),  which 
were  similarly  leased  to  the  publicanus  by  the 
censor,  who  fixed  the  conditions  under  which 
they  were  to  be  collected. 

A  very  great  extension  was  given  to  the 
system  of  tax-farming  by  the  adoption  of  this 
method  in  provincial  administration.  The  first 
province  to  which  the  system  was  directly 
applied  was  the  province  of  Asia.  In  Sicily  and 
Sardinia  it  had  been  found  already  in  force  on 
the  Roman  occupation,  and  by  the  Lex  Sem- 
pronia  (C.  Gracchi)  this  method  of  raising 
rereoues,  with  a  nearer  approximation  to  the 
Italian  system,  was  applied  to  Asia  (C.  Gracch. 
ap.  GeU.  xi.  10 ;  Cic.  in  Verr.  iii.  6,  12-14). 
The  theory  which  this  system  implied  was  that 
most  of  the  provincial  land  was  ager  publicttSf 
and  that  the  dominium  had  therefore  passed  to 
the  Roman  people ;  that  its  occupiers  were  only 
possessores,  and  should  therefore  pay  the  cus- 
tomary revenues,  the  decumae  and  scriptura  on 
the  land,  as  well  as  the  portoria,  all  included 
under  the  generic  name  vectigal  (Cic.  pro  lege 
Man.  6,  15),  which  were  paid  in  Italy  [see 
Provixcia].  While,  however,  in  Sicily  the 
existing  Lex  Hieronica  was  adhered  to,  and 
the  tenths  of  the  soil  (decumae)  were  sold  in 
Sicily  itself  (Cic.  i»  Verr.  ii.  25,  63;  ii.  60, 147; 
iii.  7,  16),  Asia  was  subject  to  a  lex  vendUionis, 
which  enjoined  that  the  Asiatic  taxes  should  be 
put  up  for  sale  for  the  province  as  a  whole  and 
in  Rome  (in  Verr.  iii.  6,  14).  ^ 

For  the  collection  of  such  provincial  taxes  the 
publicani  made  a  fixed  contract  with  the  state, 
and  then  farmed  the  taxes  at  their  own  risk, (Cic. 
ad  Quint.  Fr.i.  I,  11;  ad  Ait.  v.  13,  1);  some- 
times they  over-estimated  the  resources  of  the 
province,  with  the  result  that  they  farmed 
them  at  a  loss  (Cic.  ad  Att.  i.  17,  9;  ii.  1,  8). 
The  connexion  of  the  publicani  with  the  pro- 
vinces, especially  with  that  of  Asia,  was  much 
closer  than  that  of  being  merely  its  tax-farmers. 
They  invested  their  money  largely  in  the  pro- 
vince (Cic.  de  leg.  Man,  7,  17),  and  themselves 
carried  on  business  as  negotiatores  there  (Id.  i6. 
7,  18).  This  double  character  of  public  con- 
tractors and  private  investors  gave  them  an 
opportunity  for  unfair  exactions.  The  proviur 
cials  were  often  in  arrears  with  the  publicani, 
either  from  bad  years  or  the  peculations  of  their 
own  n^.agistrates  (Cic.  ad  Att,  vi.  2,  5),  and 
would  have  to  borrow  from  these  same  publicani/ 
in  their  character  of  bankers.  Another  source 
of  unfair  dealing  was  the  interest  provincial 
governors  sometimes  had  in  these  exactions. 
Interference  with  the  customary  modes  of  col- 
lection might  be  sanctioned,  and  more  or  less 
legalised  by  the  governor's  edictum  perpetuum. 
Thus  Verres'  edicts  in  Sicily  were  altogether  in 
favour  of  the  tax-farmers  (Cic.  tn  Verr.  iii.  10^ 


522 


PUBLICANI 


PIJBLICAXI 


24X  ft&cl  be  is  accased  by  Cicero  of  sharing  the 
profits  with  the  decumani;  and  although  it 
was  illegal,  or  at  least  considered  highly  im- 
proper,  for  a  Roman  governor  or  magistrate  to 
be  a  member  of  a  society  of  publicani  (»6.  iii. 
56,  130),  yet,  by  collusion  with'  a  decumanos, 
and  with  the  large  powera  a  governor  had  of 
making  new  rules  in  his  edict,  indirect  inter- 
ference and  profit  were  easily  possible  (t&.  iii. 
30,  71).  In  Asia  we  know  that  considerable 
Interference  with  the  conditions  of  the  lex 
dicta  was  permitted,  nominally  for  the  con- 
venience of  both  parties  (Cic.  cul  Quint,  Fr.  i.  1, 
12),  and  with  this  permission  it  is  clear  how  the 
publicani  could  increase  their  exactions,  when 
backed  up  by  the  representative  of  Roman 
Authority  in  the  province.  Instances  of  what 
the  additional  charges  of  a  provincial  publicanus 
might  be  are  given  by  Cicero  (in  Verr.  iii.  78, 
181).  In  this  case  there  were  charges  made  for 
the  examination  of  the  corn-dues  (pro  spectatione% 
for  discount  en  foreign  money  (pro  oollybo),  for 
writing  materials  and  stamp  (jpro  oerario),  four 
per  cent,  {binae  quinquagesimae)  for  the  secre- 
tary, and  six  per  cent,  (temae  quinquagewnae) 
for  an  additional  present  to  the  collector.  The 
difficulty  of  a  Roman  governor  was  to  be  in 
favour  hoth  with  the  publicani  and  the  provin- 
cials at  once  (Cic.  ad  Quint.  Fr,  i.  1,  12) ;  Cicero 
boasts  to  have  effected  this  as  proconsul  of 
Cilicia  (ad  Att.  vi.  25),  and  remarks  how  much 
«asier  matters  were  made  for  him,  on  his  arrival 
in  the  province,  by  the  fact  of  the  arrangements 
between  the  publicani  and  the  provincials 
having  been  already  concluded  (ad  Att,  v.  13, 1). 
Other  injuries  were  infiicted,  without  the  cog- 
nisance of  the  publicani  themselves,  by  the 
lower  officials  employed  for  the  actual  work  of 
collection,  especially  in  the  case  of  the  portoria 
(Dig.  39,  4,  12 ;  Cic.  ad  Quint  Fr,  i.  1,  11). 

With  the  Empire  came  a  great  restriction  of 
the  operations  of  the  publicani.  Tax-farming 
as  a  general  mode  of  raising  provincial  revenue 
had  ceased  [Provincia],  and  private  enterprise 
in  the  working  of  monopolies  was  also  largely 
restricted  (Suet.  Tib,  49).  But  publicani  are 
atill  found  employed  for  a  great  many  public 
purposes  in  the  reign  of  Tiberius;  for  the 
working  of  the  puhiici  fructus,  such  as  mines, 
forests  and  the  like,  and  for  the  supply  of  com 
to  the  ai*my  (Tac.  Ann,  iv.  6 ;  xiii.  61).  They 
atill,  in  Nero's  time,  collected  the  portoria  (ib, 
xiii.  50);  and  .we  find,  in  much  later  inscrip- 
tions, the  oonductorea  mentioned  by  the  side  of 
the  procuratoreSf  for  the  collection  of  different 
sorts  of  revenue  from  the  same  province  (Henzen, 
6648,  6650).  But  they  were,  from  this  time, 
subject  to  much  greater  scrutiny  than  formerly. 
Nero  issued  an  edict  that  the  laws  which  regu- 
lated their  several  contracts  should  be  formally 
published,  and  increased  the  powers  of  the 
praetors  at  Rome  and  the  governors  of  the 
provinces,  of  dealing  summarily  with  such 
matters  (Tac.  /.  c).  The  title  in  the  Digest 
that  treats  of  the  publicani  (Dig.  39,  tit.  4,  De 
piiblicanis  et  vecti^alibus  et  commissis)  shows  us  a 
number  of  laws  made  by  later  emperors  on  the 
subject,  the  object  of  most  of  them  being  to 
restrain  the  illegal  exactions  of  the  publicani : 
as,  for  instance,  that  the  penalty  for  illegal 
claims  was  double  the  amount  so  exacted ;  or,  if 
force  had  been  used,  quadruple  (Dig.  39,  4,  9, 


15);  and  that  the  publicanus  was  to  be  held 
responsible  for  the  misdeeds  of  his  slaves  who 
were  employed  in  collecting  the  revenue  (ib.  39, 
4,  12,  1). 

From  the  earliest  times  we  find  that   the 
publicani    do    not    undertake    their    contracts 
singly ;  the  extent  of  the  undertakings,  and  the 
amount  of  security  which   the  state  required 
them  to  deposit,  would  have  rendered  it  im- 
possible.   They  worked  in  companies  (aocietates 
publioanorum  or  wcii  pubiicorwn  vediffolhony^ 
which   were   composed  of  shareholders  (toeii), 
who  might  have  a  greater  or  smaller  share  in 
the  concern  (partes  or  particuiae}.    These  com- 
panies had  a  legal  representative  (mancepa}  who 
acted  for  the  aocietas  as  its  formal  bead  (prin" 
ceps  publioanorum,  Ps.-Asc.  in  £Hv,  p.  113).    The 
manceps  bid  for  the  contract,  agreed  to   the 
terms  imposed  by  the  censor,  saw  that  security 
(praedid)  was  deposited  by  the  sureties  (praedea 
or  fideju88ores,    P8.-Asc.    in    Verrin.  p.    196; 
Dig.  39,  4,  9),  and  undertook  the  risk  of  the 
contract  on  behalf  of  the  company.    Polybios 
(vi.  17)  mentions  three  stages  in  the  business  of 
a  company  of  publicani:  the  bidding  fur  the 
contract,  the  depositing  of  the  security,   and 
finally  the  handing  of  the  vectigal  due  into  the 
treasury.    He  mentions  the  manceps  and  praedes 
as  distinct  persons;  they  were  very  often  so  in 
fact,  but  the  manceps  himself  was  called  praesj 
inasmuch  as  he  was  equally  responsible  for  the 
fulfilment  of  the  contract  (Festua,  s.  v.  manceps). 
The  word  lustrum,  primarily  denoting  the  cere- 
monies  attending  the  taking  of  the  census,  was 
applied  to  the  period  during  which  the  contract 
ran  (Cic.  ad  Att.  vi.  2,  5),  which  was  usually  a 
period  of  five  years.    Fresh  contracts  were  made 
at  the  close  of  each  lustrum,  and  open  compe- 
tition invited ;  the  contract  was  purely  volun- 
tary,— no  state  contract  was  compulsory;  and 
consequently  any  company  that  outbid  all  the 
others,  when   the  vectigalia  were  put  up   to 
auction,  might  undertake  their  collection,  pro- 
vided it  could  find  sufficient  security  (Dig.  39, 
4,  9,  1,  2).     The  conditions  of  the  contract  were 
contained  in  a  lex  oensaria  or  lex  dicta,  of  which 
frequent  mention  has  been  made,  and  which  was 
also  called  a  lex  looationis  (Lex  Julia  Municip. 
1.   72).    Occasionally,  however,  the  people  or 
senate  modified  the  terms  fixed  by  the  census, 
in  the  interest  of  the  publicani  (Plut.  Fiamin,  19 ; 
Polyb.  vi.  17  ;  Li  v.  xxxix.  44),  and  in  some  cases 
even  the  tribunes  of  the  people  interfered   to 
effect  this  object  (Liv.  xliii.  16).     Each  company 
of  publicani  had  a  central  manager  and  bsinker 
at  Rome,  called  magister  societatis  ;  these  magistri 
were  appointed  annually,  and  handed  over  their  * 
accounts  at  the  end  of  each  year  to  their  suc- 
cessors   (Cic    ad   Att.    v.    16,    3;     m    Terr, 
u,  74,  182).     They  had  under  them  a  staff  of 
subordinate  officials  who  were  said  operas  dare 
publioanis  or  m  tyaeris  esse  publicanorum  (Cic.  ad 
Fam.  xiii.  65),  and  who  were  also  called  the 
familia  of  the  publicani,  this  term  including 
not  only  slaves,   but  all   subordinate  officials 
(Dig.  39,  4,   1).    Where  the  busmess  of  the 
publicani  was  extended  to  the  provinces,  they 
had  a  deputy  in  each  local  centre  called  pro 
magistro,  with  a  corresponding  familia  under 
his  direction  (Cic.  in  Verr.  ii.  70,  171 ;  de  leg, 
Man,  vi.  16).    There  was  an  organised  system 
of  communication  kept  up  between  the  provinces 


PUB]J.ICANI 

and  BomB  by  meaz»  of  letter-carriers  {iab0llarii)j 
of  whose  services  general  correspondents  fre- 
quently availed  themselres  (Cic.  ad  Att.  v.  15, 
3 ;  Ter.  Phorm,  L  2,  100).  The  companies  of 
poblicani  receiTed  their  names  from  the  respec- 
tiT«  daes  it  was  their  business  to  collect.  Thus 
the  collectors  of  decumae  were  called  decumani; 
ihej  ranked  highest,  and  are  described  by  Cicero* 
as  ''the  chiefs  and,  as  it  were,  senate  of  the 
pQblicani*'(m  Verr,  ii.  71, 173).  The  collectors 
of  9criphira  were  called  pecuarii,  acriptuani  or 
paaeuaru  (Ps.-Asc.  in  Divin.  p.  113);  and  the 
contractors  for  salt-works  and  the  collectors  of 
fnriona  were  termed  sociV  sahrii  and  portitoret 
reapectively.  There  is,  however,  some  doubt 
about  the  meaning  of  portitores.  The  Pseudo- 
Aaconios  classes  them  with  pascuarii  as  a 
diviiion  of  the  publicani  (in  hivin.  p.  113); 
elsewhere  they  are  spoken  of  as  though  they 
were  the  servants  or  lower  officials  of  this 
branch  of  the  publicani  (Plaut.  Ann.  i.  3,  7; 
Cic.  Off.  1,  42,  and  perhaps  Cic.  ad  Qttm^. 
JFr.  i.  1,  11).  It  is  not,  however,  impoMible  to 
reconcile  these  two  meanings,  and  to  suppose 
that  the  staff  (familia)  of  a  certain  company  of 
tax-farmers  might  themselves  be  called  by  the 
Dame  applicable  to  this  company.  Usually  each 
company  aeems  to  have  collected  but  one  kind 
of  revenue ;  but  we  find  an  instance  in  which 
two  kinds,  the  portoria  and  the  scripturaj 
were  farmed  by  the  same  company  (Cic  in 
Verr.  U.  70,  171). 

It  only  remains  to  touch  briefly  on  the 
political  position  and  importance  of  the  publi- 
cani. They  had  always  been  the  great  capitalists 
of  Rome,  and  whenever  capital  was  needed  for 
state  purposes  they  were  always  to  the  front. 
As  early  as  the  Second  Punic  War  we  see  them 
coming  forward  to  offer  their  assistance,  when 
the  state  was  in  pressing  pecuniary  difficulties ; 
after  the  battle  of  Cannae  (Liv.  zxiv.  18),  and 
again  in  215  B.a,  when  the  Scipios  wrote  from 
Spain  for  supplies,  which  the  state  was  unable 
to  afford  them  (Liv.  zziii.  48).  As  the  repre- 
s«itatives  of  capital,  Cicero  calls  them  the 
frmamentum  oeiercrum  ordinum  (pro  leg.  Man. 
7y  17),  and  mamtains  that  their  claims  should 
be  primsrily  regarded  in  any  act  of  state 
administration.  Their  political  importance  was 
heightened  by  the  organisation  of  the  capitalists 
of  Bome  as  the  body  of  Equites,  probably  brought 
about  by  C.  Gracchus.  In  one  respect  this 
]x>litical  organisation  reacted  on  the  administra- 
tion of  their  provincial  functions ;  for,  between 
the  times  of  C.  Gracchus  and  Sulla  (123  to 
81  B.C.),  the  Equites  formed  the  judicial  body 
at  Rome ;  and,  as  they  consisted  in  great  part 
of  publicani,  they  had  the  power  of  approving, 
by  their  treatment  of  provincial  governors 
accused  of  extortion,  the  regulations  of  these 
governors  connected  with  the  position  of  the 
provincial  tax-farmers.  In  Cicero's  letters 
publicani  is  used  almost  indiscriminately  with 
equites,  to  denote  a  fiolitical  power  in  the 
sUte  (ac.  ad  Att.  i.  17,  9;  ii.  1,  8).  Many 
political  actions  that  had  the  most  important 
consequences  were  brought  about  by  a  repre- 
sentation of  their  claims  backed  by  their 
ioflnenoe,  as,  for  instance,  the  passing  of  the 
Manilian  law  (b.c.  66):  and  in  one  instance 
the  neglect  of  the  claims  of  the  publicani  was 
the  cause  of  a  breach  between  the  equites  and 


PUBLICIANA  IN  BEM  ACTIO  623 

the  senatorial  government  (Cic  ad  Att.  ii.  1,  8), 
that  helped  to  accelerate  the  downfall  of  the 
Republic.  [A.  H.  G.l 

PUBLICIANA  m  REM  ACTIO  is  the 
action  granted  by  the  Praetor's  Edict  to  a  person 
who  had  commenced  the  usucapion  of  a  thing, 
and  by  which  he  was  enabled  to  recover  pos- 
session of  it  if  lost  before  that  usucapion  was 
completed.  Possibly  the  Publicius  by  whom  it 
was  introduced  was  the  one  who  was  praetor  in 
Cicero's  time  (pro  Cluentio,  45,  126).  The 
terms  of  the  Edict  are  given  in  Dig.  6,  2,  1,  pr., 
and  the  formula  of  the  action  by  Gains  (iv.  36), 
from  whom  it  appears  that  the  ground  upon 
which  the  recovery  proceeded  was  a  fiction 
that  the  period  of  time  required  for  a  complete 
usucapion  had  run  its  course :  **  dicit  (actor)  rem 
se  usucepisse,  et  ita  vindicat  suam  esse  "  (Inst, 
iv.  6,  4).  The  action  was  open  to  the  bonitarian 
owner  [Dominium]  as  well  as  to  the  bonA-fide 
possessor,  though  it  is  disputed  whether  this  was 
so  under  the  original  Edict  of  Publicius,  or 
whether  it  was  not  extended  to  the  former, 
with  a  distinct  formula,  by  a  later  edict;  it 
being  in  fact  a  moot  point  among  civilians 
whether  the  true  and  original  principle  on 
which  the  action  rested  was  inchoate  ownership 
or  bonft-fide  possession :  in  favour  of  the  former 
are  Huschke  and  Schirmer,  of  the  latter  Brinz 
and  Bruns.  Probably  the  first  view  is  correct, 
with  the  proviso  that  a  person  who  had  com- 
menced to  acquire  by  longi  temporis  possessio  (a 
merely  praetorian  title)  was  no  less  able  to 
institute  the  action  than  one  who  had  entered 
upon  the  civil  law  usucapion  (Dig.  6,  2,  11,  1 ; 
ib.  12,  2):  though  the  &ct  that  usucapio  extra- 
ordinaria  was  proceeding  (e.g.  of  a  res  fuitiva) 
was  not  sufficient  basis  for  it  (Dig.  ib.  9,  5). 
By  the  classical  jurists  it  was  disputed  (Dig. 
ib.  4;  ib.  7,  2;  41,  2,  16)  whether  the  action 
could  be  founded  on  a  tittdiu  putativtiSj  i.e. 
where  the  possessor  was  mistaken  as  to  the 
ground  on  which  he  had  acquired  possession 
(e.g.  Inst.  ii.  6,  11),  though  in  the  modern  civil 
law  this  is  generally  admitted.  But  in  no  case 
would  it  lie  against  the  real  owner  of  the 
property  in  question  (Dig.  6,  2,  16,  17),  unless 
the  latter,  had  he  brought  a  real  action  against 
the  possessor  for  its  recovery,  could  hare  been 
himself  repelled  by  a  justa  exoeptio  (e.g.  doli, 
rei  venditae  et  traditae,  or  rei  judicatae);  in 
this  case,  on  the  actio  Publiciana  being  met  by 
the  exceptio  justi  dominii,  the  plaintiff  could 
retort  with  replicatio  doli,  rei  venditae  et 
traditae,  &c.  Nor  could  the  Publician  action 
be  effectually  brought  against  another  boni-fide 
possessor  of  the  same  property,  unless  the 
latter  derived  his  possession  from  the  same 
*<  auctor  "  as  the  former,  but  by  a  later  act  of 
traditio  (Dig.  6,  2,  9,  4). 

Even  though  it  be  admitted  that  the  sole 
condition  of  the  action  was  usucapion  possession 
(civil  or  praetorian),  it  cannot  be  denied  that  it 
found  a  very  large  application  in  cases  of  bonitary 
ownership,  especially  where  a  res  mancipi  had 
been  merely  tradita,  so  that  ownership  in  it 
was  not  transferred.  Upon  Justinian's  abolition 
of  the  distinction  between  res  mancipi  and  nee 
mancipi,  it  became  useless  for  any  other  purpose 
than  a  case  of  bonft-fide  possession,  and  this 
seems  to  explain  why  the  words  **  non  a  domino  " 
appear  in  the  Edict  as  cited  in  the  Digest,  as  it 


The  action  wm  further  eitcaded,  from  the 
recovery  of  n  feigned  Dnaerahi|i,  to  the  eitmbliih- 
mtat  of  lerTituiTes  whii:ti  could  not  be  claimed 
by  >  civil   l»w  .ctio  ia  rem  (Dig.  6,  2,  11,  1), 

(Dig.  6,  Z,  1?,  2),  luperfideaCDig.  43,  18,  i,  3,  6) 
iiod  pigaai  (Dig.  20,  1,  18).  ^  too,  the  hoai- 
bdt  pcueuor  and  otber  p«r*oiu  who  could  bring 
the  actio  I'ablidank  directly  could  briag  an 
nctia  negiitorii  io  Pablician  form  agniuit  per- 
MDi  cUiming  letTitndei  orer  the  properly  in 

(Dig.  6,  i  i  Giiaa,  It.  36  ;  Inat.  ir.  8,  i  uiJ  31  -, 
Hnicbke,  llta  Sechi  dtr  pubUciaHiaclien  Elage, 
StDttgut,  1871 ;  Schlrmer  nad  Schulin,  Krit. 
V.  J.  ScKrlft.  iTiii.  pp.  3*7-382,  526-545; 
Brim,  Lihiiach,  i.  §§  178,  179;  Windscheid, 
ZeArtacA,  5  199;  Vingerow,  Pandekten,  §  3.15.) 

[J.  a  M.1 

FUQILA'TUS  (*vt,  TVVM^,  nyiia.xl», 
nyfuM^ni),  boxing.  The  fiat  being  the  nmpieat 
and  moat  nitoral  treipon,  it  muy  be  token  for 
granted  that  boxing  waa  one  of  the  earlint 
athletic  gimei  lunong  the  Greeka.  Hence 
eren  gods  and  aereral  of  the  earlieat  beroei 
are  deacribed  either  aa  viclora  in  theirvy>i^ 
or  u  diatingniahed  boiert,  inch  u  Apollo, 
Heraolea,  Tydeaa,  Poljdence*,  &c  (I'nua. 
V.7,  §  i;  Theocrit.  »iir.  113;  Apollod. 
iii.  6.  §  4  ;  Pans.  v.  8,  %  2).  The  Scholiaat 
on  Pindar  (^trm.  t.  89}  an;)  that  Theaeua 
vraa  believed  to  hare  invented  the  art  of 
holing.  The  Homeric  heroea  are  well 
acqaainted  with  it  (Horn.  H.  niii.  691, 
&c. ;  compare  Od.  Tiii.  103,  &c.).  The 
coaleat  in  boiing  nat  one  of  the  hardest 
and  moat  dangerons,  whence  Homer  gires 
it  the  attribute  il^rytiiii  (11.  iiiii.  653> 
Doling  for  men  waa  introduced  nt  the 
Olympic  gnme*  in  OL  23,  and  for  boys 
in  01.  37  (Pani.  v.  8,  g  3).  Conteata  In 
boxing  for  boys  are  alio  mentioned  in  the 
Ncmea  and  Itthmin  (Pana.  vi.  i,  §  6). 

In   the   earliest    timea   boiera  {pagSetf 
uttKTtu)  fought  naked,  with  the  exception 
of  a   fafia  r"and    their   loina   (Horn.  H 
ixiii.   683;  Verg.  Am.  v.  421);  but  thu 
waa  not  used  when  boiing  waa  introduced 
at  OlymfHn,  as  the  conteiti  in  wreatling 
.ind  racing  had  been  carried  on  here  h;  mmi 
jieraona  entirely  naked  aver  ^nc«  01.  IS 
[cf.  Ldi7T*tio,  p.  82  b\     Rnpecting  the 
leathern  thongs  wllh  which  pugilisti  snrronnded 
t^eir  liitt,  see  Caestus,  where  it*  Tariooi  forma 
are  illnatraled  by  woodcata. 

The  boiing  of  the  ancienta  appear)  to  have 
reaembled  the  practice  of  modem  times.  It 
waa  a  point  of  tkill,  we  are  told,  not  to  attack 
the  antagonist,  but  to  remain  on  the  defenaive, 
and  thua  to  wear  ont  the  opponent,  until  he 
was  obliged  to  acknowledge  himaelf  to  be 
conquered  (Dio  Cbrysost.  itelanc.  li.  orat.  29 ; 
Eustath.  ad  n.  p.  1322,  29).  It  waa  conridered 
a  merit  in  a  boxer  to  conqner  without  rtotiting 
any  wonndt,  ao  that  the  two  great  polnta  in 
ihia  game  were  to  inBict  blowa,  and  at   the 

(lAtrrt  nl  «v\utA,  Dio  Chryaoat.  Serm.  vii.  I  ; 
riot.  %iifM.  ii.  5;  compu*  Paua.  tu  12,  J  3). 


the  right  arm  gaarding  and  the  left  atrikin;. 


tsthei 


le  bloa 


re  dincU 


against  the  upper  parta  of  the  body,  and  the 
wound*  inflicted  on  the  head,  eapeoally  when 
the  nipiiTinj  [C*EeTl'S]  were  worn,  were  often 
aerere  (Horn.  Od.  xviii.  96;  Apollon.  Rhod. 
ii.  7fl5;  Theocrit.  ii.  Vli;  Verg.  Ae*.  t.  «9; 
Aelian,  V.  U.  i.  !9).  The  eara  eapaeially  were 
exposed  to  great  danger,  and  with  regular 
pngiliata  they  were  generally  mnch  mutilated 


ind     broken    (Plat,    Qorg.    f.    516;    iVotoj. 

alwaya  appear 
lepaita. 


p.  342  ;  Martial,  vii.  33,  5). 


beaten  flat,  and,  although  si 
are  yet  smaller  thnn  ears  uaunlly  arc.  in  oratr 
to  protect  the  eara  from  aexere  blowj,  little 
coren,  called  Vfc^liei,  wcrt  invented  (Pol- 
lux, ii.  82 ;  Etijmi.  Mag.  a.  r.).  But  these 
enr-coven  were  undoubtedly  never  u>ed  in  Ilie 
great  nubile  f:ames,  but  only  in  the  gymaaata 
and  paiaeitrae,  or  at  moet  in  the  pnblic  conteiti 
ofboiiugfbr  buii;  they  ht*  DCTar  aeao  in  any 


PngnWs,(ninatiraibatCblnd.    (Domla.) 

Two  pointa  of  distinction  belween  andeat  and 
modem  pngiliata  may  be  noticed:  (I)  that,  a> 
we  gather  from  vase- pictures,  the  fist  was  not 
constantly  doubled,  as  with  na,  but  the  linfm 
were  often  merely  curved  aver,  sometinm 
almoit  extended  ;  in  aoma  representatioae,  how- 
ever, the  Sata  are  fairly  clenched  :  probabk  the 
difference}  are  due  to  the  caeatni;-(2)  tbe 
InarticulalB  aounda  emitted  by  the  boxers, 
inttead  of  the  modem  ailence:  thia,  actordinir 
to  Cicero,  waa  to  add  force  to  the  blew  (  Tm- 
ii.  23,  54;  cf.  Sen.  Ep.  57). 

The  game  of  boxing,  like  all  the  other 
gymnastic  and  athletic  gamea,  waa  irgolalcd 
by  certain  rnlea.  Thus  pngiliata  were  nol 
allowed  to  take  hold  of  one  another,  or  to  sie 
their  feet  for  the  purpoae  of  makiag  ana  anothef 


PUGILLABES 

fiftll,  as  wat  the  case  in  the  pancratinm  ^Plat. 
Symp.  iL  4 ;  Ladan,  Anach.  3).  Cases  of  death, 
either  during  the  fight  itself  or  soon  after, 
appear  to  have  occnrred  rather  frequentlj 
(Sehol.  ad  Find.  OL  t,  34);  bnt  if  a  fighter 
wilfally  killed  his  antagonist,  he  was  severely 
puished  (Pans.  Tui.  40,  §  3 ;  vi.  9,  §  3).  If 
teth  the  combatants  were  tired  without  wishing 
to  give  up  the  fight,  they  might  pause  a  while 
to  recoTer  their  strength;  and  in  some  cases 
they  are  described  as  resting  on  their  knees 
(Apollon.  Rhod.  ii.  86;  Stat.  Th^.  vi.  796). 
The  contest  did  not  end  until  one  of  the 
combatants  was  compelled  by  fatigue,  woands, 
or  despair,  to  declare  himself  conquered  (Avoto- 
pt^tft  PiiiU'  ▼!•  10,  §  1),  which  was  generally 
done  by  lifting  up  one  hand  (Pint.  Lycurg.  19). 
The  loniana,  especially  those  of  Samos,  were 
at  all  times  more  distinguished  pugilists  than 
the  Dorians,  and  at  Sparta  boxing  is  said  to 
hare  been  forbidden  by  the  laws  of  Lycurgus 
<Paus.  vi  2,§4;  Pint.  Lycurg.  19;  Pancratium). 
Bat  the  ancients  generally  considered  boxing  as 
a  useful  training  for  military  purposes,  and  a 
part  of  education  no  less  important  than  any 
other  gymnastic  exercise  (Lucian,  Anach,  3; 
Plut.  Gat  Mai.  20).  Even  in  a  medical  point 
of  view,  boxing  was  recommended  (Aretaens, 
De  Morb,  diut.  cur,  i.  2). 

In  Italy  boxing  appears  likewise  to  have  been 
practised  from  early  times  (Liv.  i.  35 ;  Dionys. 
rii.  72).  It  continued  as  a  popular  game  during 
the  whole  period  of  the  Republic  as  well  as  of 
the  Empire  (Suet.  Aug,  45;  Cic.  de  Leg, 
ii.  15,  38;  Suet.  Caiig.  18).  We  gather, 
especially  from  the  passage  in  Suet.  Aug.^  that 
the  Greek  pugilists  were  regarded  as  much  more 
skilful  than  the  Latin.  Besides  the  <*legitimi 
pngiles,"  there  was  a  peculiarly  Italian  institu- 
tion of  catervarii  pugileBf  who  fought,  noCin  pairs, 
hut  in  a  general  mil^  (Suet.  /.  c. ;  C,  I,  L, 
X.  1074^  where  they  are  distinguished  from 
pydaey.  See  Krause,  Die  Gymnastik  und  Agon. 
4,  ffeHenen,  pp.  497-534;  Blumner  in  Bau- 
meister,  Denk,  p.  -523 ;  Grasbereer,  Erxiehung^ 
p.  205.  [L.  S.J    [G.  E.  M.] 

PUOILLA'BES.  [Tabuuie.] 
PU'GIO  Qidxaipa,  dim.  fAaxafptovi  ^X^'P'* 
itov),  a  dagger;  a  two-edged 
knife,  commonly  of  bronxe,  with 
the  handle  in  many  cases  vari- 
ously ornamented  or  enriched, 
sometimes  made  of  the  hard  black 
wood  of  the  Syrian  terebinth 
(Theojihr.  H.  P.  v.  3,  §  2).  Tlie 
accompanying  woodcuts  show 
three  ancient  daggers.  The  first 
was  found  in  Italy,  and  belongs 
to  a  primitive  period.  The  blade 
is  attached  to  the  handle  by 
eight  studs  (of.  the  Homeric 
epithet  of  a  sword,  itpyup6riXos), 
T^e  second  and  third  are  copied 
from  Beger  {Thes.  Brand,  iii. 
pp.  398,  419).  The  handle  of 
the  second  is  fitted  to  receive  a 
plate  of  wood  on  each  side, 
attached  by  three  rivets. 

In  the  Heroic  ages  the  Greeks 
sometimes  wore  a  dagger  sus- 
pended by  the  sword  on  the  left 
side  of  the  body  [Glaoius],  and 


PUL8 


525 


used  it  on  all  occasions  instead  of  a  knife  (Horn.* 
II.  ill  271,  xix.  252;  Athen.  vi.  p.  232  c).    The 


Ancient  Daggers. 

custom  is  continued  to  the  present  day  among 
the  Albanians,  who  are  descended  from  the 
ancient  Illyrians.  The  Romans  (see  woodcuts, 
Vol.  I.  pp.  3,  884)  sometimes  wore  the  dagger 
as  the  Persians  did  [Acinacbb].  on  the  right 
side,  and  consequently  drew  it  with  the  thumb 
at  the  upper  part  of  the  hilt,  the  position  most 
effective  for  stabbing.  The  terms  pugio  and 
iyX9tp(9u>y  denote  both  its  smallness  and  the 
manner  of  grasping  it  in  the  hand  (ir^|,  pugnus). 

On  some  of  the  Roman  monuments,  although 
the  arrangement  appears  to  be  inconvenient,  the 
long  sword  was  worn  by  the  right  side,  while 
the  shorter  dagger  was  by  the  left  hand.  (Cf. 
the  sepulchral  reliefs  of  Roman  Legionaries, 
Baumeister,  Denkmaler,  figs.  2266,  2267,  2269.) 
In  the  same  way  we  must  understand  **  the  two 
swords  "  {duoe  gladios,  Gell.  ix.  13)  worn  by  the 
Gallic  chieftain,  slain  bv  Manlius  Torquatus; 
and  the  monuments  of  the  Middle  Ages  prove 
that  the  custom  long  continued  in  our  own  and 
in  adjoining  countries.  (See  Stothard,  Moii, 
Effigies  of  Ot,  Britain.)  Among  some  of  the 
northern  nations  of  Europe,  a  dirk  was  con- 
stantly worn  on  the  side,  and  was  in  readiness 
to  be  drawn  on  every  occasion  (Ovid,  Driat. 
V.  7,  19,  20).  The  Chalybes  employed  the  same 
weapon,  stabbing  their  enemies  in  the  neck 
(Xen.  Anab,  iv.  7,  §  16).  For  the  Greek  horse- 
men the  dagger  was  considered  preferable  to  the 
long  sword  as  a  weapon  of  offence  (Xen.  de  Be 
Egveet,  xii.  11).  [J.  Y.]    [A.  H.  S.] 

PULLA'RIUS.    [AuouR.] 

PU'LPITUM.    [Theatrith.] 

PULS  was  a  thick  gruel  or  porridge  made  of 
spelt  {far,  ador):  as  regards  this  grain,  see 
AOSICULTURA,  Vol.  I.  pp.  64  f.  We  are  told 
that  this  porridge  formed  the  staple  of  Roman 
food  in  early  times  in  place  of  bread  (Varro, 
L.  L.  V.  105 ;  PUn.  Ii,  N.  xviii.  §  83) :  Pliny 
adds  that  for  this  reason  puis  was  still  used  in 
sacred  rites  (cf.  Juv.  xvi.  39 ;  Amob.  ii.  21). 
As  it  was  a  national  dish  of  the  early  Romans, 
we  find  pultiphagus  in  Plant.  Mostell.  818,  used 
to  describe  a  Roman,  or  **  barbarus  "  (cfl  Id. 
Poen.  prol.  54).  It  remained  a  common  food  for 
the  poorer  class  or  those  who  afiected  homely 
fare  (Juv.  xiv.  170;  Mart.  v.  78,  xiii.  8; 
Ammian.  xxv.  2,  2).  This  dish  of  puis  must  be 
distinguished  from  the  later  introduction  tx>- 
UntOf  which  was  made  of  barley-meal  (Plin. 
xviii.  §  72),  and  was  borrowed  from  Greece, 
**  videtur  tarn  puis  ignota  Graeciae  faisse,  quam 
lUliae  polenta  "  (Id.  ib,  §  84).  It  was,  in  fact, 
the  Greek  fiitt(a  in  its  more  fiuid  state.  The 
name  polenta  has  now  been  transferred  to  a 
different  substitute  for  puis.  It  is  a  stiff 
porridge  of  Indian  meal,  and  is  at  the  present 


North  hilly.     (M»ri!oanlt,  Prinatlehea,  p. 
Becker-GSll,    Oallus,    iu.     313  ^    Charililta,    ii. 
312.)  [G.  E.  M.] 

PULVI'NUS  (kUo  p^vmar.  crUcita,  irpor.t- 
9iXaiar),  ■  cushioa,  used  far  beds,  couchei,  and 
lilteri,  whether  ■  cervical,  to  support  the  head 
ia  beds,  or  a  cttbHalf  to  eapport  the  arm  on 
ivuchea.  The  itnfliDg  wu  aiiully  of  feathen 
rLEcrin,  p.  IB  A] ;  the  coreriiig  often  of  bright 
coloured  illk  (Hur.  £po(t.  8,  IS;  Mart.  tii.  82). 
The   pillow  wai  lapported  oa  a  raised  fiame- 

sometimei  being  merely  the  end  of  the  torua, 
or  mattreii,  pueed  over  thii  framevork.  Ur. 
Andenon  (_Clcai.  Reviea,  iii.  323}  haa  ihown  good 
reacod  for  thinking  that  ftUcnm,  fulcra,  ueually 
taken  to  meaD  lagt  of  the  bedatead,  really  meant 
this  lupport  of  the  pilloir,  otten  richlj  carred 
L.  B5:  of.  Prop.  iii.  5,  5  i  Oi.  ft    '     *■ 


therefore  conaecrated,  was  aonietimef  railed 
putal  [BiDENTAL ;  PBODiaiDM}.  At  Rome  we 
have  (withont  referring  to  the  Lacoi  Cartini) 
two  sacred  pntealia,  erected  over  places  struck 
by  lightDiDg,  one  in  the  Comitinm  (Cic  dt  Din, 
i.  17.  33  ;  LiT.  i.  36),  another  in  the  Vonm,  ef 
nhich  the  remaiDS  are  thonght  to  have  been 
diicoTered  between  the  temples  of  Vetta  and 
Castor.  This  was  the  Puteai  LOOM  or  Fateal 
^bnionionuni,  conncratcd  probably  by  L  Sen- 
bcniiu  Libo,  which  ii  often  ahown  on  ooiu  if 
the  Scribonlan  geos,  and  of  which  an  example  i> 
given  below.    The  pnteal  is  on  the  nnrse  of 


VT^Al- 


3,  14).      For  the  aacred  pnlrinar,  see  Lecti- 
ffTBRNIDK.  [J.  Y.]     [G.  E.M.] 

PUPA  (aJpq,  ri/i^),  a  doll.  Greek  and 
Roman  children  commonly  had  dolls,  made  often 
of  terra-cotta,   hot  aleo  of  other  snbatancea, — 


I  dolls  ' 


eby  n 


means  uncommon,  and  for  these  the  Greeks  had 
apecial  names,  Bityimni  or  Saytit  nnd  nXeryyAr 
(Phot.  a.  0.  wKayriy :  SchoL  ad  Theocr.  ii,  UO). 
They  were  frequently  made  with  movable 
limbs,  as  In  the  eiample  given  by  Banmeioter 
(Denim,  p.  778)  from  the  Crimen.  The  Greek 
girls  before  their  marriage  dedicated  their  dolli 
to  Artemis  (AnU.  fal.  vi.  280);  at  Rome  girls 
dedicated  their  dolls  to  the  Lsres,  as  boys  did 
their  b»ll<K,  or  to  Venus  (Pors.  ii,  70):  bat  if 
they  died  as  children,  the  dolls  were  burled 
with  them ;  many  have  been  found  in  tombs. 
Those  whose  limbs  were  moved  by  strings 
were  called  rmpiffnirro,  and  figures  so  con- 
structed were  eihibited  as  regular  marionettes 
OD  a  stage,  or  for  entertainment  in  private 
houaes.  (Xen.  Symp,  iv.  &f>;  Athen.  i.  p.  19; 
cf.  Hor.  Sat.  ii.  T,  82.)  [Becq  de  Fouqaitrei, 
Jeta  del  Ancieni,  p.  27  fil;  ^cksr-GsU, 
CAart'Un.  i.  282;  Gallut,  ii,  34;  BliSmnei, 
Technohgie,  it.  123.]  [Q-  &-  M.] 

PUPILLU8.  [iHPUBES;  Tutela,] 
PU'TEAI.,  the  stone  kerb  rouad  the  month 
of  a  well.  Thii  was  sometimes  nearly  flush 
with  the  ground,  a  flat  stone  nilh  a  circular 
opening,  of  which  then  is  an  example  in  the 
Capital  (figured  in  Baumeialer,  Z><nijin,  p.  5); 
It  iscarved  in  relief  ofa  late  period  with  scenes 
from  the  life  of  AchUles.  but  ia  moet  cues  it 
was  an  enclosure  surrounding  the  opening,  high 
enough  to  protect  persons  from  falling  into  it, 
about  three  or  four  feet  from  the  ground,  and 
either  round  or  square.  There  is  a  round  one  in 
tlie  Itiitish  Museum  made  of  marble,  which  was 
found  among  the  ruins  of  one  of  Tiberius'a  villaa 
in  Capri;  it  has*  lire  groups  of  fauns  and 
nymphs,  aod  on  the  edge  at  the  top  may  be  seen 
murks  of  the  ropes  used  for  drawing  water. 
Such  putealia  were  no  doubt  common  in  Romnn 
villas,  and  the  putealia  ligUltiia,  which  Cicero 
(ad  Atl.  I.    10)  wanted  for  his  Tnscnlan   villa, 

the  British  Museum ;  the  word  tigillala  refers' 
to  Its  being  adorned  with  ligares.  Frum  its 
resemblance  to  a  well-encloeare,  that  which 
snrroimded  a  place  struck   by    lightning,   and 


CCto  of  the  Sotbonlao  Gena. 


the  coin,  aad  is  adorned  with  laurel  wreaths 
and  two  lyres.  It  most  be  noticed  that  the 
pnteal  here  has  taken  distinctly  an  altar  shape. 
Tongs  have  been  traced  below 'the  wreaths,  inil 
are  undentood  to  symbolise  Vulcan  ai  Ihf 
maker  of  lightning.  Libo  erected  iu  tbc 
neighbourhood  of  this  puteai  ■  tribnnal  for  the 
praetor,  in  consequence  of  which  the  place  wsi 
frequented  by  those  who  had  lawsuits,  mener- 
lenders,  kc  (Comp.  Hor.  Sat.  ii.  6,  35;  Ep.'i. 
19,  8;— 0».  Benied.  Amur.  561 ;  Cic.  proSeil. 
S,  18;  O.  Richter  in  Baumeister,  DnJaa. 
p.  1468 ;  Burn,  JiorM  and  Campagim,  p.  86 ; 
Middleton,  Borne,  p.  178.)  [W.  S.J  [G.  E  M.] 
FYANETSIA  (irw^ia,  wnvjfio,  nri- 
ifio),  a  festival  celebrated  at  Athens  every  year 
on  the  ith  of  Pvanepsion  in  honour  of  Apollg 
(Harpocr.,  Hesych.,  Snidas,  t.  n.  nos^fu).  It 
was  said  to  have  been  instituted  by  Theseus 
after  his  return  from  Crete  (Pint.  TAil.  22 ;  c£ 
ElBESiOKE;  OscHOPHOaiA).  The  tme  aceoanl 
ii  probably  that  given  by  A.  Mommsen,  that 
the  old  Pyanepsia,  in  the  age  of  Solon,  wis  a 
festival,  at  the  close  of  the  vintage,  in  hoconr 
of  Apollo  and  Athena  Skiraa,  and  that  Ihr 
worship  of  Bacchus  aud  of  Thenns  was  a  lal» 
association  with  it  of  the  ceremonies  of  tlit 
OSCHOPHOBII  in  the  time  of  Camon,  when  tbe 
worship  of  Thesens  was  iatrodnced  at  Atbro!. 
The  festival  as  weU  as  the  mouth  in  which 
St  took   place    are  said   to   have   derived  theii 

U.  pulse  or  beans,  which  were  rooked  at 
this  season  and  carried  about  (Hai^joer.  sad 
Snid.  (.  c. ;  Athen.  i».  p.  408).  A  proceadon 
appears  to  have  taLea  place  at  the  Pyaoepsia, 
in  which  the  tipteiiini  was  carried  aboBt.  Tbi' 
tlptatiirti  was  an  olive-branch  snnonnded  with 
wool  and  laden  with  the  fruits  of  the  year ;  f^r 
Ihe  festival  was  in  reality  a  harvest  (e»t.  It 
wns  carried  by  a  bcv  whose  parents  were  itlll 
living,  and  those  who  followed  him  sangeertsio 
Tersee,  which  are  preserved  ia  PIntarch  ('-  '■  1 
comiare  Clem.  Alei.  Strom.  Iv.  p.  474;  Kostslh- 
ml  n.  iili.;  Suid.  s.  ir.  Eip«ritfni:  and  £tyni- 
itag.,  where  a  different  account  is  given).  The 
procession  went  to  a  temple  of  ApollD.  ssd 
the  olive-hnuicii  was  placed  at  iU  nilnncf. 
According  to  others,  every  Athtaias  planted,  en 


PYCNOSTYIX)8 

the  iIbjt  of  (h«  Pfuwpain,  inch  ui  olirf-brsnch 
before  hii  own  boDie,  where  it  wu  left  standing 
till  the  oelt  celebration  of  tbe  fntiril,  irben  it 
wsa  uchinged  for  b  fr«b  one.  (Schol.  ad 
Arwtoph.  Pbil.  1050;  comp.  Prellar,  Gr.  Myth. 
t.    303,  ii.  297 ;    A-  HonunHD,  Heart,   pp.  57, 

270.)  [I-  s.]  ro.  t  M.l 

PYCNOSTY'LOS.    [Tbhpldii.] 
PYELU8  (WfAot).    [FFNrs.] 
PYGMB,  PYGON.     [MekbORA,  Vol.  U. 
p.  161.] 

PYLA'OORAE    i-*VKayif«i).       [Ahfhio- 

TTOim,  Vol.  I.  p.  104  a  ;  UlEBOlINEHONEa.] 

PYBA.    [Fdhus.] 

PYBGUS  irin«i),  >  tower.  1.  The  towers 
o-sed  in  fortifiutioa  and  in  war  are  apoken  of 
under  TimUB  and  HlXEPOLU.  2.  tn  Homer 
■wiirYOt,  nayiflkv  are  nied  of  an  armjr  in  cloee 
rcluRin  (//.  iT.  434;  liii.  152;  rt.  618).  3.  A 
ilioe-boi,  10  called  {lara  iti  reaemblance  to  a 
lower  [I'&mu.UB].  4.  The  territorr  of  the 
town  of  Teoa  wa*  diitribnted  among  >  certain 
number  of  towers  (inipTai),  to  each  of  wbicb  cor- 
responded a  lymmorf  or  aectloa  of  the  dtiicDi, 
compared  to  the  Attic  demei  (tee  Boecbh,  Corp. 
Inscf.  So,  a064;  and  the  elacidationa  of  Grot*, 
Hitt.  of  Gma,  toI.  iii.  pp.  247,  248).  Scheffer, 
howBTer  (ifc  rebm  Teionm,  p.  35  B.\  takes  them 
to  be  region!  or  quarters  of  Uie  town  of  Teoi,  and 
Gilbert  U  disposed  to  agree  nitb  him  (Staatsalt. 
ii.  aS).  rW.  8.1     [G.  E.  M.] 

PY'RBHICA  <*vp)>Ix^)  »°<"<S  t)"  O"*^ 
viu  properly  tbt  military  dance  of  tbe  Locedae- 
moDians  anil  Cretani — dance,  that  is,  in  tbe 
KQiie  of  rhythmical  marchings  and  CTolutioni, 
which  became  etereotjped  afterwards  into  a 
kind  of  omameoial  parade.  Thtre  is  th« 
^rvatot  divergence  amoDg  the  anthorities  as 
to  tfai  inTentor;  n  Cr»tao  called  Pyrrbicos,  or 
Pyrrhui  son  of  Achilles,  ui'  the  Dioscuri,  or  tbe 
Curetes,  or  Athena,  being  aeiamed  by  diSereat 
aiilhon  (Kranie,  GymnaitiA  tmd  Ag<miitik,  ii. 
S^S'i).  Plato  layi  tbe  pyrrbic  dsnce  "  imitatei 
the  modes  of  aroidtng  biowi  and  darti  by 
dropping,  or  giving  way,  or  springing  aside,  or 
rising  up,  or  falling  down ;  also  the  opposite 
po^itnres,  which  are  those  of  action,  as,  for 
eiampU,  the  imitation  of  archery  and  the 
hurling  of  javelins,  and  of  all  sorU  of  blows" 
(tag.  Tii.  M15,  Jowelt's  translation).  Athe- 
naena  (lii.  631)  calls  it  Tpoji/n/iurna  Tou 
woK^fOti,  and  tliat  it  required  the  best  music 
and  most  stirring  itraini.  It  was  practised 
at   Sparta  by   children   wl 


PYBRHICA 


52- 


Eihibi 


.f  pyrr 


dancers  also  took  place  at  the  Panatbeui 
Athena,  and  it  was  a  common  Xttronpyia  to 
furnish  them  (Tsacns,  de  Bieaeixi.  hertd.  \  36  ; 
Lvsias,  Accept.  M«m.  Dtf.  j  1);  llag  at 
Apbrodiiuu  (C.  /.  G.  2T5B)  and  Teas  (30SS>. 
There  is  a  lively  account  of  a  nvfiplxv  tlanced 
by  a  woman  in  Xsnophon  (An.  vi.  1, 12).  Oras- 
berger  (S-ifcAmj  md  Unterricht,  iii.  2B7)  says 
that  the  youths  used  to  strike  the  shields  with 
their  daggers,  and,  forming  into  two  opposing 
lines,  uwd  to  strike  their  daggers  ngniust  the 
shield*   of  those  of  the    opposite    line.     The 


Trojse,  as  is  stated  by  Servius  (ad  Aen.  v.  602). 
But  with  the  Romans  pyrrhica  for  the  most 
part  bignilied  a  dramatic  reprcMntation  by 
several  dancers,  male  and  female,  like  our  ballet, 
with  all  kinds  of  marching,  evolutions,  and 
groupings  (Apul.  Met.  i.  29).  There  were  also 
kinds  of  sham  fights;  an  epigram  on  the  pyi- 
rhica  (Anthoi.  Lai.  959,  ed.  Meyer)  says,  "In 
spatio  Veneris  limnlantur  praelin  Hartis  Cum 
lete  advenum  seiut  uterque  venit."  The  sub- 
jects were  most  various :  the  Judgment  of  Paris, 
Icaroi  and  Pasiphae  (Soet.  Ser.  12) ;  but  a  verr 
common  one  was  something  connected  with 
Bacchic  worship,  ss  it  lent  itself  so  well  to 
picturesque  treatment,  the  dancers  bsing  got  up 
with  fawn-skins,  thyrsi,  ic,  Thns  we  hear  of 
the  invasion  of  India  by  Bacchus  and  Fentheus 
being  subjects  (Ath.  lir.  631).  Boy*  and  girl* 
for  this  kind  of  dance  were  iniported  from  Asia 
Minor  (cf.  Suet.  Cues.  39).  They  were  some- 
times free,  and  given  citiienships  if  they  gave 
satisfaction  (Snet.  Aer.  12),  but  generally  they 
were  slaves  (Wilm.  229).  The  pyrrbica  was 
sometimes  danced  by  orimimils  in  the  amphi- 
theatre (Dig.  4B,  19,  8,  11;  Pint,  de  tara 
N«minii  viad.  i.  9  =  554  ed.  Reiske).  The 
dancers  had  masks  and  splendid  purple  cloaks 
(ib.).  Pliny  (H.  X.  ■nii.  S)  tells  us  that  elephants 
were  taught  to  dance  the  pyrrhka,  and  Luciau 
(Piac.  36)  mentions  a  ballet  of  monkeys.  An 
elaborate  account  of  a  pyrrbica  representing  the- 
Judgment  of  Paris  is  given  by  ApuUiui  {Met.  i. 
30-34).  It  was  very  like  our  ballets.  We  may 
notice  especially  the  characteristic  music,  solemn 
with  the  entnnce  of  Juno,  the  martial  Doric 
mood  as  Minerva  appears,  and  voluptuous 
Lydiao  strains  accompanying  Venus  (c  31); 
also  the  elaborate  scenery.  Mount  Ida  with  real 
living  bushei  and  trees,  real  g'lata  browsing  on 
it,  nntl  real  water  in  its  many  li>antaius  (c  30). 
These  at  the  end  shot  up  a  stream  of  crDcns  and 
wine  just  before,  at  the  end  of  the  perfomuuice, 
the  moonMia  sank  (c.  34).  Tlie  machinery  used 
in  such  balleti  must  hsTs  been  most  elaborate  ; 
and  it  is  doubtless  to  a  pyrrbica  that  Jurenai 


hibitiona,  which  they  called  pt/rrhicae  tniVi'i 

(3p«t.   Hadr.  19;  cf.  Amm.  ivi,  5,  10,  \ g, 

7,  7  1  HflTodian.  iv.  9,  9).    It  is  a  mistake  to  ^ 
snppoic  that  thi*  is  the.  *ama  a*  tbe  Lndu* 


.CblnL    Cllennls.) 


528 


PYTHIA 


PYTHIA. 


(iv.  122)  allades  when  he  speaks  of  pegma  et 
pueros  inde  ad  velaria  raptoa  (cf.  Mayor  ad 
ioc). 

(Most  that  is  to  be  known  about  the  Roman 
pjrrhicae  is  given  in  Friedlander,  Sittengtachkhte 
Boms,  ii.»  443-445.)  [L.  C.  P.] 

PY'THIA  (»^io),  one  of  the  foup  great 
national  festirals  of  the  Greeks.  It  was  cele- 
brated in  the  neighbourhood  of  Delphi,  anciently, 
and  always  by  Herodotus,  called  Pytho,  in 
honour  of  Apollo,  Artemis,  and  Leto.  The 
place  of  this  solehinity  was  the  Crissaean  plain, 
which  for  this  purpose  contained  a  hippodromus 
«r  race-course  (Paus.  x.  37,  §  4),  a  stadium  of 
1000  feet  in  length  (Censorin  de  Die  Nat.  13), 
and  a  theatre,  in  which  the  musical  contests 
took  place  (Lncian,  adv.  Indoct  9).  A  gymna- 
sium, prytancum,  and  other  buildings  of  this 
kind,  probably  existed  here,  as  at  Olympia, 
although  they  are  not  mentioned.  Once  the 
Pythian  games  were  held  at  Athens,  on  the 
advice  of  Demetrius  Poliorcetes  (01.  122.  3 ;  see 
Plut.  Demetr,  40 ;  Corsini,  Fast,  Att.  iv.  p.  7V), 
because  the  Aetolians  were  in  possession  uf  the 
passes  around  Delphi. 

The  Pythian  games  were,  according  to  most 
legends,  instituted  by  Apollo  himself  (Athen.  xv. 
p.  701 ;  Schol.  Argtun.  ad  Pind.  Pyth.) ;  other 
traditions  referred  them  to  ancient  heroes,  such 
as  Amphictyon,  Adrastus,  Diomedes,  and  others. 
They  were  originally,  perhaps,  nothing  more 
than  a  religious  panegyris,  occasioned  by  the 
oracle  of  Delphi,  and  the  sacred  games  are  said 
to  have  been  at  first  only  a  musical  contest, 
which  consisted  in  singing  a  hymn  to  the  honour 
of  the  Pythian  god  with  the  accompaniment  of 
the  cithara  (Paus.  x.  7,  §  2  ;  Strab.  ix.  p.  421). 
Some  of  the  poets,  however,  and  mythographers 
represent  even  the  gods  and  the  early  heroes  as 
«ngaged  in  gymnastic  and  equestrian  contests  at 
the  Pythian  games.  But  such  statements, 
numerous  as  they  are,  can  prove  nothing ;  they 
are  anachronisms  in  which  late  writers  were 
fond  of  indulging.  The  description  of  the  Py- 
thian games  in  which  Sophocles,  in  the  Electro, 
makes  Orestes  take  part,  belongs  to  this  class. 
The  Pythian  games  must,  on  account  of  the 
celebrity  of  the  Delphic  oracle,  have  become  a 
national  festival  for  all  the  Greeks  at  a  very 
early  period;  and  when  Solon  fixed  pecuniary 
rewards  for  those  Athenians  who  were  victors 
in  the  great  national  festivals,  the  Pythian  agon 
was  undoubtedly  included  in  the  number,  though 
it  is  not  expressly  mentioned  (Diog.  LaSrt.  i. 
55). 

Whether  gymnastic  contests  had  been  per- 
formed at  the  Pythian  games  previous  to  01. 47, 
is  uncertain.  B<)eckh  supposes  that  these  two 
kinds  of  games  had  been  connected  at  the  Pythia 
from  early  times,  but  that  afterwards  the  gym- 
nastic games  were  neglected ;  but,  however  this 
may  be,  it  is  certain  that  about  01.  47  they  did 
not  exist  at  DelphL  Down  to  01.  48  the  Del- 
phians  themselves  had  been  the  agonothetae  at 
the  Pythian  games;  but  in  the  third  year  of 
this  Olympiad,  when  after  the  Crissaean  war 
th9  Amphictyons  took  the  management  under 
their  care,  they  naturally  became  the  agono- 
thetae (Strab.  ix.  p.  421;  Paus.  x.  7,  §  3). 
Some  of  the  aacients  date  the  institntion  of  the 
Pythian  games  from  this  time  (Phot.  Cod,  p.  533, 
ed.  BekkerX  ^^  others  say  that   henceforth 


they  were  called  Pythian  games.  Owing  to 
their  being  under  the  management  of  the  Am- 
phictvons,  they  are  sometimes  called  'A/t^urrvo- 
piKii  'iBXa  (HeUod.  Aeth,  iv.  1).  From  01.  48. 
3,  the  Pythiads  were  occasionally  used  as  an 
era,  and  the  first  ceiebration  under  the  Am- 
phictyons was  the  first  Pythiad.  Pausanias 
(/.  c.)  expressly  states  that  in  this  year  the 
original  musical  contest  in  ictBapttiia  was  ex- 
tended by  the  addition  of  avXjfSla,  ue.  singing 
with  the  accompaniment  of  the  flute,  and  by 
that  of  flute-playing  alone.  Strabo  (/.  c)  in 
speaking  of  these  innovations  does  not  mention 
the  d^AyS^o,  but  states  that  the  contest  of 
cithara-players  (jctBapurral)  was  added,  while 
Pausanias  assigns  the  introduction  of  this  con- 
test to  the  eighth  Pythiad.  One  of  the  mu«jcal 
contests  at  the  Pythian  games  in  which  only 
flute  and  cithara-players  took  part,  was  the  so- 
called  i^6fios  tlv0iK6s,  which,  at  least  in  subse- 
quent times,  consisted  of  five  juirts,  viz.  dard' 
tcpevfftSf  Afiwupa,  iccrrcureXcvcrfiiJff,  toftfioi  ttad 
SiUtrvAoi,  and  {rvptyyts.  The  whole  of  this 
y6fju>T  was  a  musical  description  of  tlie  fight  of 
Apollo  with  the  dragon  and  of  his  victory  over 
the  monster  (Strabo,  7.  c).  A  somewhat  different 
account  of  the  parts  of  this  w6fAOs  ia  given  by 
the  Scholiast  on  Pindar  (^Argum,  ad  Pyth,)  aui 
by  Pollux  (iv.  79,  81,  84). 

Besides  these  innovations  in  the  mnsical  con- 
tests which  were  made  in  the  fir»t  Pythiad,  such 
gymnastic  and  equestrian  games  as  were  then 
customary  at  Olympia  were  either  revived  at 
Delphi  or  introduced  for  the  first  time.     The 
chariot-race  with  four  horses  was  not  introducei 
till  the  second  Pythiad  (Paus.  x.  7,  §  3).     Some 
games  on  the  other  hand  were  adopted  which 
had  not  yet  been  practised  at  Olympia,  viz.  the 
i6\ixos  and  the  iiavXos  for  boys.     In  the  first 
Pythiad  the  victors  received  x^/'<'*'«  **  their 
prize,  but  in  the  second  a  chaplet  was  estab- 
lished as  the  reward  for  the  victors  (Paua.  an<I 
Schol.  ad  Pind.  /.  c).    The  Scholiasts  on  Pindar 
reckon  the  first  Pythiad  from  this  mtroductum 
of   the    chaplet,  and    their    system   has   been 
followed  by  most  modern  chronologers,  though 
Pausanias  expressly  assigns  this  institution  to 
the  second  Pythiad.     (See  Clinton,  F.  If,  p.  195; 
Krause,  Die  Pyth,  Nem,,  kc,  p.  21,  &c>    The 
aiXySio,   which   was    introduced    in  the   first 
Pythiad,  was  omitted  at  the  second  and  ever 
after,  as  only  elegies  and  BpipfOi  had  been  sun^ 
to  the  flute,  which  were  thought  too  melancholy 
for  this  solemnity.     The  rtdptwwos,  or  chariot- 
race  with  four  horses,  however,  was  added  in 
the  same  Pythiad.     In  the  eighth  Pythiad  (01. 
55.  3)  the  contest  in  playing  the  cithara  without 
singing  was  introduced  ;  in  Pythiad  23  the  foot- 
race  in  arms   was  added ;  in  Pythiad  48  the 
chariot-race  with  two  full-grown  horses  (irww- 
p(8or  tp6fios)  was  performed  for  the  first  time ; 
in  Pythiad  53  the  chariot-race  with  four  (mU 
was  introduced.     In  Pythiad  61  the  pancratium 
for   boys,  in   Pythiad  63  the   horse-race  with 
foals,  and  in  Pythiad  09  the  chariot-raoe  with 
two  foals  were  introduced  (Paus.  /.  c.).     Various 
musical  contests  were  also  added  in  the  coon>e 
of  time ;  and  contests  in  tragedy  as  well  as  in 
other  kinds  of  poetry,  and  in  recitatioas  of 
historical  compositions,  are  expressly  mentioo«<l 
(Philostr.  n^  Soph.  ii.  27,  2;  Pint.  Sympoe,  ii. 
4).     Works  of  BTif  as  paintings  and  scnlptores. 


PYTHIA 


PYTHIA 


529 


wcr«  exhibited  to  the  assembled  Greeks,  and 
prizes  were  awarded  to  those  who  had  produced 
the  finest  work  (Plin.  xxxv,  §  35).  The  musical 
and  mrtistic  contests  were  at  all  times  the  most 
prominent  feature  of  the  Pythian  games,  and  in 
thla  respect  they  eren  excelled  the  Olympic 
games. 

Preyious  to  01.  48  the  Pythian  games  had 
been  an  ippoimipls,  that  is,  they  had  been  cele- 
brated at  the  end  of  every  eighth  year ;  but  in 
Oi.  48.  3,  they  became,  like  the  Olympia,  a 
wtrr^nipts,  t.e.  they  were  held  at  the  end  of 
erery  fourth  year,  and  a  Pythiad  therefore,  ever 
atnce  the  time  that  it  was  used  as  an  era,  com- 
prehended a  space  of  four  years,  commencing 
with  the  third  year  of  every  Olympiad  (Pans. 
f.  c. ;  Diod.  xv.  60 ;  compare  Clinton,  F.  H. 
p.  195).  Others  have,  in  opposition  to  direct 
statements,  inferred  from  Thncydides  (iv.  117, 
c.  1)  that  the  Pythian  games  were  held  towards 
the  end  of  the  second  year  of  every  Olympiad. 
Respecting  this  controversy,  see  Krause,  /.  c. 
p.  29,  &c  As  for  the  season  of  the  Pythian 
games,  they  were  in  all  probability  held  in  the 
spring,  and  most  writers  believe  that  it  was  in 
the  month  of  Bysius,  which  is  supposed  to  be 
the  same  as  the  Attic  Munychion.  Boeckh  (ad 
Corp.  Ifucnpt.  n.  1688),  however,  has  shown 
that  the  games  took  place  in  the  month  of 
Bttcatins,  which  followed  after  the  month  of 
Bysius,  and  that  this  month  must  be  considered 
aa  the  same  as  the  Attic  Munychion.  The 
festiTal  was  probably  timed  to  coincide  with  the 
spring  meetings  of  the  Amphictyons  at  Delphi 
(Aeschin.  c:  Cte$.  §  254).  The  games  lasted  for 
several  days,  as  b  expressly  mentioned  by  So- 
phocles {^EUd.  690,  &c.),  but  we  do  not  know 
how  many.  When  ancient  writers  speak  of  the 
day  of  the  Pythian  agon,  they  are  probably 
thinking  of  the  musical  agon  alone,  which  was 
the  most  important  part  of  the  games,  and 
probably  took  place  on  the  7  th  of  Bucatius. 
It  is  qnite  impossible  to  conceive  that  all  the 
nameroas  games  should  have  taken  place  on 
xme  day. 

The  concourse  of  strangers  at  the  season  of 
this  panegyris  must  have  been  very  great,  as 
undoubtedly  all  the  Greeks  were  allowed  to 
attend.  The  states  belonging  to  the  amphic- 
tyony  of  Delphi  had  to  send  their  theori  in  the 
raoath  of  Bysius,  some  time  before  the  com- 
mencement of  the  festival  itself  (Boeckh,  Corp. 
Inter.  1.  c).  The  theories  sent  by  the  Athenians 
were  always  particularly  brilliant  (Schol.  ad 
Aris^toph.  An.  1585).  [For  the  meaning  of  the 
word  nvtfarsrro/,  Strab.  ix.  p.  404,  see  Theorz.] 
As  regards  sacrifices,  processions,  and  other 
solemnities,  it  may  be  presumed  that  they 
resembled  in  a  great  measure  those  of  Olympia. 
A  splendid,  though  probably  in  some  degree 
fictitious,  description  of  a  theoria  of  Thessalians 
may  be  read  in  Ueliodorus  (il^A.  iL  34). 

As  to  the  order  in  which  the  various  games 
were  performed,  scarcely  anything  is  known, 
with  the  exception  of  some  allusions  in  Pindar 
and  a  few  remarks  of  Plutarch.  The  latter 
(Symp.  ii.  4 ;  comp.  Philostr.  Ajx^l,  I)/an,  yi.  10) 
says  that  the  musical  contests  preceded  the 
gymnastic  contests,  and  from  Sophocles  it  is 
clear  that  the  gymnastic  contests  preceded  the 
horse  and  chariot  races.  Every  game,  moreover, . 
w^hich  was  performed  by  men  and  by  boys,  was 
VOL.  II. 


.always,  as  at  Olympia,  first  performed  ly  the 
latter  (Plut.  Symp.  ii.  5). 

We  have  stated  above  that,  down  to  01.  4ft, 
the  Delphians  had  the  management  of  the 
Pythian  games;  but  of  the  manner  in  which 
they  were  conducted  previous  .to  that  time 
nothing  is  known.  When  they  came  under  the 
care  of  the  Amphictyons,  especial  persons  were 
appointed  for  the  purpose  of  conducting  the 
games  and  of  acting  as  judges.  They  were 
called  'Eiri/AcXtrro^  (rlut.  Symp.  ii.  4,  vii.  5), 
and  answered  to  the  Olympian  Hellanodicae. 
Their  number  is  unknown.  There  must,  how- 
ever, have  been  at  least  three :  one .  for  the 
musical,  gymnastic,  and  equestrian  contests 
respectively  (Krause,/.  c.  p. 44).  In  later  times 
it  was  decreed  by  the  Amphictyons  that  king 
Philip  with  the  Thessalians  and  Boeotians  should 
undertake  the  management  of  the  games  (Diod. 
xvL  60),  but  Krause  thinks  this  was  a  purely 
honorary  office,  the  real  work  of  presiding 
remaining  in  the  hands  of  €he  Amphictyons ; 
and  afterwards,  even  under  the  Roman  emperors, 
the  Amphictyons  again  appear  in  the  possession 
of  this  privilege  (Philostr.  Vit  Soph,  ii.  27). 
The  iwifuXirrai  had  to  maintain  peace  and  order, 
and  were  assisted  by  ftaariyo^poi,  who  executed 
any  punishment  at  their  command,  and  thus 
answered  to  the  Olympian  &A^at  (Luc.  adv. 
Indoct  9,  &c.). 

The  prize  given  to  the  victors  in  the  Pythian 
games  was  from  the  time  of  the  second  Pythiad 
a  laurel  chaplet  (rh  ^vrhv  r^s  8<i^y9)f) ;  so  that 
they  then  became  an  ityitv  (rr§^ayirriSf  while 
before  they  had  been  an  kyifv  xfVf"in-lT7is.  The 
laurel  sprays  of  which  the  chaplet  was  composed 
were  brought  by  boys  whose  parents  were  both 
alive  (irou8cf  i^i^iBa\t7s)  from  the  Vale  of 
Temp(,  accompanied  on  the  way  by  a  flute- 
player  (Plut.  Tcpl  fjiova.  c.  14).  (Pans.  x.  7, 
I  3;  Schol.  in  Argum.  ad  Pind.  Pyth.)  In 
addition  to  this  chaplet,  the  victor  here,  as  at 
Olympia,  received  the  symbolic  pilm-branch, 
and  was  allowed  to  have  his  own  statue  erected 
in  the  Crissaean  plain.  (Plut.  Symp.  viii.  4; 
Pans.  vi.  15,  §  3,  17,  §  1 ;  Justin,  xxiv.  7,  10.) 
That  sometimes  apples  were  presented  to  victor:* 
in  the  great  Pythian  games  as  prizes  is  clear 
from  many  passages  in  later  writers.  (Cf.  Luc. 
Anach,  9,  10,  13,  16;  Liban.  Eloqu.  Mom.  t.  ii. 
716  R.;  Pans.  vi.  9,  1;  SchoL  Pind.  Pyth.  Arg. 
p.  298  B.) 

The  time  when  the  Pythian  games  ceased  to 
be  solemnised  is  not  certain,  but  they  probably 
lasted  as  long  as  the  Olympic  game?,  i,e,  down 
to  A.D.  394.  In  A.D.  191  a  celebration  of  the 
Pythia  is  mentioned  by  Philostratus  {Vit. 
Soph.  a.  27),  and  in  the  time  of  the  Emperor 
Julian  they  still  continued  to  be  held,  as  is 
manifest  from  his  own  w^ords  (Jul.  Epist,  pro 
Argiv.  p.  35  a). 

Pythian  games  of  less  importance  were  cele- 
brated in  a  great  many  other  places  where  the 
worship  of  Apollo  w^as  introduced ;  and  the 
games  of  Delphi  are  sometimes  distinguished 
from  these  lesser  Pythia  by  the  addition  of  the 
words  4v  AcA^ois.  But  as  by  far  the  greater 
number  of  the  lesser  Pythia  are  not  mentioned 
in  the  extant  ancient  writers,  and  are  only 
known  from  coins  or  inscriptions,  we  shall  only 
give  a  list  of  the  places  where  they  were  held : 
— Ancyra  in  Galatia,  Aphrodisias  in  Caria,  An- 

2  M 


530 


PYTHIA 


tiochia,  Carthaea  in  the  island  of  Ceoa  (Athen. 
X.  pp.  456,  467),  Carthage  (Tertull.  Scorp,  6), 
Cibyia  in  Phrygia,  Delos  (Dionys.  Perieg,  527), 
Emisa  in  Syria,  Hierapolis  in  Phrygia,  Magnesia, 
Hegara  (Schol.  ad  Pind.  JVtfm.  v.  84,  OL  ziii. 
155 ;  Philostr.  Vit  Soph,  i.  3),  Miletus,  Kea- 
polls  in  Italy,  Nicaea  in  Bithynia,  Nioomedia, 
Pergamns  ii\  Mysia,  Perge  in  Pamphylia,  Perin- 
thus  on  the  Propontis,  Philippopolis  in  Thrace, 
Side  in  Pamphvlia,  Sicyon  (Pind.  OL  ziii.  105, 
with  the  Schol.-;  Nem,  ix.  51),  Taba  in  Caria, 
Theasalonioe  in  Macedonia,  in  Thrace,  Thyatira, 
and  Tralles  in  Lydki,  Tripolis  on  the  Maeander 
in  Caria.  (Krause,  Vie  Pythiefiy  Nemeen  und 
IsthnUen,  pp.  1-106.)  [L.'S.]     [J.  I.  B.] 

PY'THIA.    [Oraoulum.] 

PY'THU  (irAioi),  called  also  nol0iot  (Phot. 
8,  vJ),  were  four  officers  at  Sparta  who  were 
chosen  by  the  kings,  two  by  each  king,  as  th^ 
assistants  in  their  religious  and  priestly  func- 
tions. Their  most  important  duty  was  to  go  as 
envoys  to  Delphi,  to  receive  the  oracles  com- 
mitted to  writing,  and  to  take  charge  of  them 
iwhen  they  had  been  delivered  to  the  kings. 
They  were  in  immediate  attendance  on  the 
kings,  and  messed  with  them,  boarded  at  the 
'public  expense.  [Dahosia.]  (Herod,  vi.  57 ; 
Pint.  Pehp.  21;  Xen.  de  Rep.  Lac,  xv.  5; 
Suid.  s.  V. ;  Schom&nn,  Antiq.  p.  246  ;  Gilbert, 
Staatealt.  i.  48.)  [W.  S.]    [G,  E.  M.] 

PYXIS  (irv|(ff),  a  caaket,  a  jewel-box  (Mart, 
ix.  38) ;  also  a  small  box  for  holding  drugs  or 
poisons  (Cic.  pro  Cael.  25,  61 ;  Quintil.  vi.  3, 
25).  Qnintilian  (viii.  6,  §  35)  produces  this 
term  as  an  example  of  catachresis,  because  it 
properly  denoted  that  which  was  made  of  box 
(T6\os)f  but  was  applied  to  things  of  similar 
form  and  use  made  of  any  other  material.    In 


Pyxis. 

fact,  the  caskets  in  which  the  ladies  of  ancient 
times  kept  their  jewels  and  other  ornaments 
were  made  of  gold,  silver,  ivory,  mother-of- 
pearl,  tortoise-shell,  &c  The  pyxis,  in  which 
Nero  dedicated  the  cuttings  from  his  beard 
to  Jupiter,  was  of  gold,  studded  with  pearls 
(Suet.  Ner,  12).  They  were  also  much  enriched 
with  sculpture.  A  silver  coffer,  2  feet  long, 
1}  wide,  and  1  deep,  most  elaborately  adom^ 

with  figures  in  bas-relief, 
is  described  by  Bdttiger 
(Sabina,  vol.  i.  pp.  64-80, 
plate  iii.).  The  first  wood- 
cut (from  Ant  d'Ercolano, 
vol.  ii.  tav.  7)  represents  a 
very  plain  jewel-box,  out  of 
which  a  dove  is  extracting 
a  riband  or  fillet :  the  second 
is  of  terra-cotta,  from 
Etruria.  The  word  is  also 
used  for  the  iron  cap  at  the  end  of  a  pestle 
(Plin.  ir.  iV,  xviii.  §  112).    [J.y.]    [G.  E.M.] 


Terra-cotte  Pyxis. 
(Dennis.) 


QUADRA^TTAL 


Q. 

QUADRAGE'SIMA.  (1.)  The  fortieth  Mrt 
of  the  imported  goods,  or  2(  per  cent.,  was  tlie 
amount  of  the  portorium  in  some  provinces 
[Portorium].  Separate  stationes  Jieci  seem  to 
have  looked  after  this  tax  in  each  province, 
under  the  Empire  (see  Wilmanns,  Exemp.  Inscr, 
Lat  1397,  1398 ;  and  see  Stationes  Fisci). 

(2.)  Quadragesima  lithtm  (Suet.  Cal.  4<));  a 
tax  imposed  by  Caligula  of  the  fortieth  part  of 
the  value  of  all  property  about  which  there  was 
a  lawsuit. 

In  what  sense  does  Tadtua  (Ann.  xiii.  51)  mean 
that  Nero  abolished  quadrageeimaf  Not  (I), 
for  that  tax  is  heard  of  later  (see  Symmachos, 
Ep.  V.  62  ;  and  perhaps  Suet.  Vesp.  1) ;  nor  (2), 
because  Claudius  had  already  abolished  the  new 
taxes  of  Caligula  (Dio  Casa.  Ix.  4;  though 
many  persons  think  that  the  quadragesima 
litium  was  not  abolished  before  Galba's  princi- 
pate),  and  also  because  a  Quadragesima  lUmm, 
could  not  well  be  farmed,  whereas  the  context 
shows  that  the  tax  spoken  of  bj  Tacitos  ma 
farmed.  It  is  therefore  probable  that  Tacitos  h 
speaking  of  charges  otherwise  unknown  to  as 
and  (as  o/io,  &c.  in  the  passage  would  show) 
illegal.  [F.  T.  R.] 

QUADRANS.    [Aa,  Vol.  L  p.  202;  Pox- 

DBRA.] 

QUADRANTAL,  or  AMPHORA  QUAD- 
RANTAL,  or  AMPHORA  only,  wis  the 
principal  Roman  measure  of  capacity  for  flaids. 
(Amphora  was  the  later  name  for  the  quadrants], 
and  is  not  found  as  a  measure  earlier  than  Cic 
pro  Font.  9,  19 ;  cf.  Fest.  p.  258,  ♦*  qnadrantal 
vocabant  antiqui,  quam  ex  Graeco  arophoram 
dicunt " ;  so  also  Volus.  Maecian.  Dist.  Part  79, 
*' quadrantal,  quod  nunc  plerique  amphorsm 
vocant."  This  was  in  the  middle  of  the  2nd 
century  a.d.)  All  the  Roman  measures  of 
capacity  were  founded  on  weight,  and  thus  the 
amphora  was  originally  the  space  oocapied  by 
eighty  pounds  of  wine. 

There  is  also  preserved  to  us  by  Festns  (s.  r. 
Publioa  Pondera,  p.    246)  a    plebiscitam  [Lis 
Silia]  of  unknown  date,  regulating  the  weights 
and   measures,  to  the  following  effect:— **£x 
ponderibus  publida,  quibus  hac  tempestate  popa- 
lus  oetier  (uti)  solet,  uti  coaeqnetur  sedahm,  nti 
quadrantal  vini  octoginta  pondo  siet:  congins 
vini  decem  p.  (i.e.  pondo)  siet :  sex  sextan  coo- 
gius  siet  vini ;  duodeqninquaginta  sextan  qoad- 
rantal  siet  vini : " — ^that  is,  that  the  quadranid 
should  contain  80  pounds  of  wine,*  and  the 
con^tu  10 ;    and  that  the  sextarnu  should  be  I 
l-6th  of  the  coruTtus,  and  l-i8th  of  the  f^-  ^ 
rantoL     The  quadrantal  was  subdivided  into 
2  vmae,  8  congii,  48  aextarii,  96  heminae,  192  , 
quartani,  384  aoetabuia^  576  eyathi,  and  23(4 
iigulae.      As   compared  with    the  Roman  dry  | 
measure,  the  quadrantal  was  three  times  the  i 


*  The  Romans  were  aware  that  there  ts  s  difference 
in  the  specific  gravity  of  wine  and  of  water,  sad  in  th» 
different  sorts  of  eedi,  bat,  for  tbe  sske  of  strnpUniy, 
they  regarded  them  as  the  seme  epedfic  gnjity :  wlm* 
however,  they  wished  a  very  exact  detennJnatlon,  H'<'T 
used  rsln-water.    (Boeckh,  c  3.) 


QUADBANTAL 

modtttf.  The  onlj  measure  larger  than  the 
quadrantal  was  the  ctUieus  of  20  amphorae,  which 
w&s  used,  as  well  as  the  amphora  itself,  im  esti- 
mating the  prodace  of  a  viDejard.  [Culleus  : 
com  p.  Amphora,  subfinJ] 

The  quadrantal  was  connected  with  the  mea- 
sures of  length,  by  the  law,  that  it  was  the  cube 
of  the  foot,  whence  its  name  quadrantal,  or,  as 
other  writers  gire  it  (using  the  Greek  x^jSor  in- 
stead of  the  Latin  quadrantal)  amphora  cvbus. 
(Cato,  B,  R.  57 ;  GelL  i.  20 ;  Auct.  Carm.  de 
Jfens,  et  Fond,  vr.  59-63 : — 

**  Fes  loogo  In  qwtio  latoqne  altoque  notetur: 
Ansnlne  nt  par  sit,  quein  claudit  linea  triplex 
Qoatnar  ei  medium  quodrls  cingatur  inane : 
Amphora  fit  euboSk  quom  lie  vioUre  lioeret« 
Saczavere  Jot!  Taipeio  in  monte  QuJrites."} 

A  standard  model  of  the  amphora  was  kept 
with  great  care  in  the  temple  of  Jupiter  in  the 
Capitol,  and  was  called  amphora  Capitolina 
(jCarm.  de  Mens.  L  c. ;  Capitol.  Maxirmn.  4).  It 
was  nnder  the  charge  of  the  aediles  (C  /.  X.  ▼!. 
1520,  X.  8067;  Polyb.  lii.  26;  cf.  Mommsen, 
Siaatsrtchty  ii.*  p.  500).  There  still  exists  a 
congiua  which  professes  to  hare  been  made  ac- 
coiding  to  this  standard.  [CONOIUS.]  For  a 
full  aoconnt  of  this  congius,  see  H.  Hase,  Alhandi, 
<L  BeH.  Akad.  1824. 

There  are  two  questions  connected  with  the 
Roman  quadrantai:  namely,  (1)  whether  the 
equality  to  the  cubic  foot  was  originally  exact, 
or  only  approximate;  and  (2)  whether  there 
was  any  exact  ratio  between  the  Roman  and  the 
Grecian  measures.  The  full  discussion  of  these 
questioiis  would  be  inconsistent  both  with  the 
limits  and  with  the  chief  object  of  this  work. 
A  general  statement  of  the  matters  in  dispute 
will  be  found  nnder  Mensura,  pp.  160,  161. 
It  may  here  be  added  that,  whether  there  was 
f*T  was  not  originally  any  precise  ratio  between 
the  Greek  and  Roman  measures  of  capacity, 
they  were  at  least  so  nearly  related  to  one 
another,  that,  when  the  two  systems  came  to 
exist  side  by  side,  it  was  found  easy  to  establish 
the  following  definite  ratios.  Of  the  liquid 
raeasnres :  the  Roman  amphora,  or  quadrantal, 
was  2-6tha  of  the  Aeginetan,  and  2-3rds  of  the 
Attic  amphora  or  metretes;  and  the  congius  of 
the  Roman  system  was  equal  to  the  xovf  of  the 
Attic  Again,  comparing  the  Roman  liquid 
with  the  Greek  dry  measures,  the  quadnmtal 
was  l-3id  of  the  Aeginetan,  and  one-half  of  the 
Attic,  medimnus.  Consequently,  of  the  dry 
measures,  the  modius  (which  was  l-3rd  of  the 
quadrantal)  was  l-9th  of  the  Aeginetan,  and 
l-6th  of  the  Attic,  medimnus.  The  connecting 
subordinate  unit  in  all  these  sets  of  measures  is 
the  Roman  sextarius,  or  simth  part  of  the  congius^ 
which  was  introduced  into  the  Greek  system 
under  the  name  of  |^<m|r,  and  which  stands  to 
the  seTeral  measures  now  mentioned  in  the 
following  relations: — 

1.  Liquid  Measures, 

The  Roman  ^odranlol      =     48  aextaril 
M    Attic  wutrttt*  =      72      ,. 

.,    Aeginetan  „  =    120 

2.  Dry  Measures, 

The  Roman  wutditts  s      16  seztorli 

„    Atttc  Medimniu         =      96      „ 
„    Aeginetan  „  s    144      ,. 


QUADRUPLATOR 


531 


The  ^4<miSf  or  Roman  sextarius,  is  not  to  be 
confounded  with  the  genuine  Attic  lirrcirf  or 
sixth  of  the  medimnus,  which  was  equal  to  the 
Roman  modius. 

From  the  preceding  remarks  it  will  be  seen 
that  the  only  safe  mode  of  computing  the  con- 
tent of  the  amphora  in  terms  of  our  own  mea- 
sures of  capacity  is  by  deducing  it  from  the 
▼alue  already  assigned  to  the  Roman  pound,  on 
the  authority  chiefly  of  the  coins.  That  value 
may  be  taken,  in  round  numbers,  at  5050  grains. 
[Pondera,  Vol.  II.  p.  455.]  Now  the  imperial 
gallon  contains  70,000  grains.     Therefore  the 

Roman  amphora  =  — ^^^      =5*77  imperial 

gallons,  i,e.  a  very  little  over  5  gallons  and 
6  pints.  It  is  clear,  therefore,  that  for  rough 
calculations,  at  any  rate  when  the  numbers 
dealt  with  are  not  very  large,  if  we  reckon  the 
sextarius  as  a  pint  (instead  of  *96  of  a  pint) 
and  the  quadrantal  or  amphora  at  &  gallons,  it 
will  be  a  close  enough  approximation.  (Boeckh, 
Mctrol,  167  ;  Hultsch,  Metrol,  pp.  112  ff.,  ed.  2, 
1882.)  [P.  S.]    [G.  E.  M.] 

QUADRI'GAE.    [Currus.] 

QUADRIGATUS.  (Denarius  with  quad- 
riga as  type.)    [A8,  Vol.  I.  p.  205.] 

QXJADRIRE'MIS.  [Navis,  Vol.  II.  p.  221  a.] 

QUA'DRUPES.    [Pauperies.] 

QUADRUPLArrOR,  a  professional  accuser 
in  cases  inrolTing  a  pecuniary  penalty  (Plant. 
Pers,  i.  2,  18;  Cic.  Verr,  ii.  8,  22;  Div.  in 
Caeca,  7,  24 ;  Lir.  iii.  72 ;  Fest.  p.  259).  The 
index  was  one  who  was  himself  involved  in  the 
crime  or  conspiracy,  and,  by  coming  forward  as 
informer,  gained  immunity  for  himself  and  a 
reward  paid  by  the  state  treasury  (Liv.  ii  5, 
iv.  45,  xxii.  33,  xxxii.  26,  xxxix.  19 ;  Cic.  Cat. 
iv.  5 ;  Suet.  Jvi.  17).  The  quadruplator  differed 
from  the  index  in  the  nature  of  the  cases 
involved,  in  the  fact  that  he  was  not  himself 
liable  but  took  up  the  accusation  as  a  means  of 
making  money,  and  thirdly  because  he  derived 
his  gains  from  a  share  of  the  penalty,  and  so 
from  the  property  of  the  accused,  not  from  the 
state.  [For  a  later  development  of  the  pro- 
fessional accuser  under  the  Empire,  see  Delator.] 
Several  emperors  tried  to  get  rid  of  quadru- 
platores  (Capitol.  Anton.  P.1\M.  Ant.  Phil.  11): 
in  the  later  Empire  the  term  disappears. 

As  to  the  origin  and  strict  meaning  of  the 
word,  there  is  some  controversy.  P8.-Ascon. 
(in  Cic,  1.  c.)  gives  two  opinions.  As  to  the 
first — that  the  quadruplator  received  one-fourth 
of  the  accused  person's  property — this  scarcely 
agrees  with  the  etymology,  which  should  mean 
fourfold,  and  is  probably  a  confusion  arising 
from  the  fact  that  the  later  delatores  received 
one-fourth.  So  far  as  we  know,  this  began  with 
the  Lex  Julia  de  majestate«  The  second  view  is 
probably  more  correct — that  the  quadruplator 
had  to  do  with  cases  where  the  penalty  was 
four  times  the  damage ;  as,  for  instance,  viola- 
tion of  the  laws  of  usury  (Liv.  vii.  28 ;  Cato, 
B.  B.  init. ;  Femus],  and  it  is  probable  that  thr 
condemnation  to  pay  fourfold  was  not  uncommon 
in  other  cases:  we  find  it  as  the  penalty  for 
provincials  who  kept  back  the  com  tribute  (Cic. 
Verr.  iiL  13,  34),  and  the  term  quadcuplator 
applied,  in  Sidon.  Ep.  v.  7,  to  one  who  farmed 
the  tolls,  is  perhaps  derived  from  his  exacting 
fourfold  from  defaulters.    Possibly,  as  Mommsen 

2  M  2 


532 


QUADKUPLICATIO 


thinks,  the  quadruplator  originally  received  the 
whole  penalty  (qtuuiruplus)  from  the  accused ; 
afterwards  only  a  proportion,  large  or  small. 
The  locus  classicus  in  Plant.  Pers.  i,  2,  18  does 
not  lay  down  the  actual  law,  but  only  what  the 
poet  wishes  to  be  the  law,  that  the  quadruplator 
should,  if  he  made  good  his  accusation  ["  si — 
dam  net "],  pay  half  the  penalty  to  the  treasury, 
receiving  only  half  for  himself ;  and  that,  on  the 
other  hand,  he  should  himself  be  condemned  in 
the  fourfold  penalty  if  he  failed  in  his  proof. 

[Geib,  Criminalprooess,  106 ;  Walter,  Gesch. 
d,  rdm.  Jtechts,  §  860;  Rudorff,  JidnL  Bechts- 
gesch.y  463  ;  Mommsen,  StaatsrecM,  ii.'  599 ;  and 
(for  the  passage  of  Plautus)  Gdtz,  in  BKein. 
Mus.  XXX.  167.]  [W.  S.]    [G.  E.  M.] 

QUADBUPLTCATIO.  [Actio,  Vol.  I. 
p.  20  a.] 

QUAESTIO'NES,  QUAESTIONES  PER- 
PETUAE.    [Judicium.] 

QUAESTOR,  the  name  of  a  class  of  Roman 
officers.  The  origin  of  the  quaestorship  is  some- 
what uncertain.  The  best  authorities  know 
nothing  of  it  in  the  time  of  the  kings.  Cicero 
(de  Bep,  ii.  35,  60)  mentions  it  in  connexion 
with  the  trial  of  Sp.  Cassius  in  B.C.  485.  Livy 
(ii.  41)  refers  to  it  first  on  the  same  occasion,.- 
and  in  a  chronological  enumeration  of  the 
magistrates  places  it  between  the  tribuneabip. 
of  the  commons  (b.<!.  493)  and  the  deccmvirate 
(ac.  451).  Dionysius  mentions  quaestors  inci- 
dentally in  speaking  of  the  sale  of  booty  in 
B.G.  507  (v.  34),  and  speaks  also  of  their  action 
in  the  case  of  Sp.  Cassius.  Tacitus  (^Ann.  xi. 
22)  ascribes  them  to  the  time  of  the  kings,  but 
on  grounds  which  plainly  do  not  bear  out  his 
view.  The  silence  of  our  earlier  authorities  on 
occasions  like  the  trial  of  Horatius  makes  it 
evident  that  there  was  no  good  reason  for 
believing  that  the  office  was  then  in  existence ; 
and  this  view  is  confirmed  by  the  fact  that  the 
'  quaestors  were  elected  in  the  comitiji  ^f  the 
;  tribes. '  It  cannot  be  upset  by  the  assertions  of 
lal^  writers,  such  as  Ulpian  (in  Dig.  1,  13, 
1  pr.)  and  Lydus  (de  Mag.  i.  24).  Further,  the 
quaestors  were  at  first  two  in  number  ;  and  this 
of  itself  makes  it  highly  probable  that  the 
office  came  into  being  along  with,  the  consul- 
ship, as  a  part  of  the  earliest  republican  consti- 
tution. When  the  consulship  was  suspended 
under  the  decemvirate,  tlie  quaestorship  ceased 
along  with  it. 

As  early  as  D.C.  421  the  number  was  raised  to 
four,  one  being  assigned  to  each  consul  for 
domestic  affairs  and  one  for  war.  In  B.C.  267, 
or  perhaps  not  until  B.C.  241, Tour  more  were 
added  to  take  part  in  the  administration  of 
Italy.  The  number  probably  steadily  increased 
with  the  addition  of  new  provinces ;  but  we  are 
only  told  that  Sulla  raised  the  annual  total  to 
twenty  (Tac.  Ann,  xi.  22;  cf.  C.  /.  L,  i. 
p.  108).  Julius  Caesar  incrensed  it  to  forty, 
but  there  is  reason  to  believe  (Mommsen,  Staats- 
rechtf  ii.  516,  note  1)  that  Augustus  reduced  it 
again  to  twenty. 

The  quaestorship  was  the  first  of  the  ordinary 
magistracies  to  be  thrown  open  to  the  plebeians : 
in  B.C.  421  it  was  agreed  that  patricians  and 
plebeians  should  be  eligible  without  distinction 
(Liv.  iv.  43),  and  in  B.C.  409  three  of  the  four 
were  actually  plebeians  (Liv.  iv.  54).  Tacitus 
asserts  {Ann,  xi.  22)  that  the  quaestors  were  at 


QUAESTOR 

first  nominated  by  the  coxisuls,  and  that  it  was 
only  sixty-three  years  after  the  expulsion  of  the 
kings  that  they  were  elected  by  the  people: 
that  is,  probably  in  consequence  of  the  Valeno- 
Horatian  laws  of  B.a  449.  This  is  at  variance 
with  the  view  of  Junius  Gracchanus  (in  Di;.  1, 
13,  1  pr.),  that  they  were  elected  by  popular 
vote,  even  under  the  kings ;  but  that  we  h.ir? 
already  seen  to  be  erroneous,  and,  though  Lny 
does  not  mention  the  introdaction  of  popuhr 
election,  the  probabilities  of  the  case  are 
decidedly  in  favour  of  the  statement  of  Tacit u>. 
The  quaestors  were  elected  in  the  comitia  of  the 
tribes  (Mommsen,  £d/n,  Forsch,  u  159  C),  aoii 
their  elections  came  off  last  in  the  annual  serie>. 
^The  office  was  held  for  one  year :  but  wlien  tht^ 
custom  sprang  up  that  the  consul  should 
govern  a  province  as  proconsal  in  the  year  after 
his  consulate,  it  came  to  be  usual  that  hi- 
quaestors  should  accompany  him  with  an  exten- 
sion of  powers  as  proquaestors.  The  qnaest^ri 
had  the  usual  insignia  of  magistrates,  but  a  sc/u 
which  was  not  curu/ts,  but  one  with  straigh: 
legs,  such  as  that  used  by  the  judex  quaesH^hn, 
if  he  was  not  a  curule  magistrate.  Ther  vfcu 
attended  by  scribae,  viatares,  and  praeames. 

The  provinces  of  the  various  quaestors  ver^ 
determined  by  a  resolution  of  the  senate  escn 
year,  before  the  new  quaestors  entered  n|>';t 
office.  The  number  of  the  posts  to  be  iillei 
probably  exceeded  that  of  the  new  quaest'r^ 
before  their  number  was  increased  by  Sul.u 
seventeen  being  known  to  ns.  Deficiencies  seen. 
to  have  been  made  good  by  continuing  some  m 
office  as  proquaestors;  perhaps  also  by  giTini; 
governors  of  provinces  the  right  of  choosing 
their  proquaestors.  Under  the  Empire  the 
number  of  posts  appears  to  have  exactly  equal  lei 
that  of  the  annual  appointments. 

When  the  provinciae  had  been  determined  br 
the  senate,  they  were  distributed  among  th>. 
quaestors,  partly  by  selection  by  the  superior 
magistrates,  to  whom  they  were  sererali;.' 
attached  (liv.  xxx.  33;  Cic.  ad  AU.  vi.  6,  4). 
confirmed  1^  the  senate,  partly  by  lot  (Cu. 
pro  Mw,  8,'  18 ;  Dit.  in  Caec.  14,  46,  and  cI.-'> 
where).  tMdsr  the  Empire  the  selection  wa* 
mad^  by  the  emperor  and  by  the  consuls  (Plic 
Ep,  iv.  15). 

The  duties  of  the  quaestors  will  be  best  dis- 
cussed under  the  head  of  the  various  prorinciy. 

1.  Quaestorcs  vrbani.  This  was  the  ofiidal 
designation,  frequently  occurring  in  inscrip- 
tions, of  the  two  quaestors  whose  duty  requm- : 
them  to  remain  in  Rome  during  their  year  » : 
office.  Their  primary  function  wias  to  l-* 
officials  subordinate  to  the  consols,  the  culy 
other  magistrates  in  existence  at  the  time  >  t 
the  creation  of  the  office.  Hence  sodu^nties  as 
the  latter  could  discharge  by  deputy  coramfuly 
fell  to  the  quaestors.  They  had  no  functions  ir. 
connexion  with  civil  jurisdiction ;  the  super- 
intendence of  this  naturally  lay  with  thr 
supreme  authority,  while  the  decision  of  det  »u^ 
was  committed  to  a  private  jwkx.  Bat  in 
criminal  jurisdiction  they  took  an  important 
part,  from  which  indeed  they  originally  deny"  i 
their  name.  The  title  quaeslor  is  only  another 
form  of  qmesitor  (cf.  sartor  by  the  siJc  >  i 
sarcitor  from  sarcire),  and  denotes  **inv.>sti- 
gator."  In  the  Twelve  Tables  they  ap^af 
under  the  full  title  of  quaestorcs  parriddti  (ct. 


QUAESTOB 

Pomponiofl  in  Dig.  1,  2,  2,  23 ;  FestcuB,  p.  221, 
**  parricidi  qnaeatores  appellabantur  qui  solebant 
creari  causa  renim  capitalium  quaerendarum  :** 
cf.  p.  258).  When  this  part  of  their  functions  fell 
into  d^uetude,  the   term  parricidiiy  at    first 
necessary  for  distinctireaess,  was  dropped,   or 
replaced  by  some  other  phrase,  a  fact  which  led 
some  late  authorities  into  the  error  of  supposing 
that  the  term  quaestores  parriciUu  denoted  an 
obsolete  office,  distinct  from  the  later  quaestor- 
ship.     That  this  is  an  error  is  proved  indirectly 
by  the  silence  of  Liry,  Dionysius,  and  Tacitus, 
and  explicitly  by  the  language  of  Varro  (Z.  L, 
▼.  81,  **  quaestores  a  quaerendo,  qui  oonquirerent 
pablicas  pecnnias  et  maleHcta").  Modem  scholars 
have  been  misled  by  the  statement  of  Pom  poo  i  us 
(Dig.  1.  c.),  which  must  certainly  be  rejected. 
But  the  quaestors  never  had  the  tmpertum,  nor 
the  right  of  convoking  the  centuries  on  their 
own  account.    It  is  therefore  necessary  that  we 
should  regard  them  as  acting  by  virtue  of  a 
mandate  from  the  consuls.    It  is  a  reasonable 
conjecture  that  under  the  kingship,  as  an  appeal 
from  a  capital  sentence  to  the  judgment  of  the 
people  was  allowed,  the  king,  in  order  to  avoid 
the     appearance    of    a    conflict    between    his 
authority  and  the  rights  of  the   community, 
exercised  his  jurisdiction  through  a  representa- 
tive :  and  that  the  consul,  after  the  institution 
v{  the  quaestorship,  was  bound  by  tradition  to 
choose  a  quaestor  as  his  representative.     Thus, 
through  the  action  of  the  right  of  appeal,  the 
]iower  of  criminal  jurisdiction  came  to  attach 
itself  to  the  quaestorship.     This  accounts- for 
the  fact  that  originally   this  jurisdiction  ex- 
tended   only   to    capital    offences,    whero    the 
accu:»ed  had  a  right  of  appeal,  if  condemned.     It 
did  not,  however,  include  the  offences  against  the 
state,  included   under  the  head   of  perdueilio : 
these  were  tried,  not  by  the  standing  magis- 
trates, the   quaestors,  but   by  special  .commis- 
sioners [Pebdueluonis  Duo  Viri]  appointed 
specially  for  the  purpose.    It  is  probable  that  in 
ones  of  less  gravity,  where  the  punishment  was 
not  capital,  the  quaestors  had  no  right  of  juris- 
diction, as  no  appeal  was  allowed  ;  but  when  an 
.ippeal  came  to  be  permitted  in  cases  of  fine 
above  a  fixed  maximum,  these  too  fell   under 
their  cognisance. 

We  hear  very  little  of  the  criminal  jurisdic- 
tion of  the  quaestors,  because  they  had  nothing 
to  do  with  political  prosecutions,  almost  the 
only  prosecutions  'of  which  history  takes 
notice.  A  formula  preserved  by  Varro  (vi.  91) 
proves  that  it  was  in  operation  in  the  latter 
part  of  the  third  century  B.C.  V/e  know 
further  that  there  was  no  authority  which 
could  have  taken  their  pla(»  until  n  century 
alter  this  date.  The  tribunes  prosecuted  only 
political  offences ;  the  nediles  only  offences 
against  special  laws  entailing  a  fine  for  their 
violation:  the  ires  viri  capitales  acted  as  police 
magistrates,  and  in  cases  of  ordimiry  offences, 
where  individual  citizens  were  the  complainants  J 
Hence  it  seems  clear  that  the  quaestors  mu4t 
have  tried  cases  of  murder  and  arson  until  these 
were  brought  under  the  jurisdiction  of  the 
quatsHones  perpetuae. 

The  second  main  branch  of  the  duties  of  the 
quaestors  likewise  devolved  upon  them  as 
subordinates  of  the  c(msuls.  The  same  consuls 
who  parsed  the  Valerio-Uoratian  law  of  appeal 


QUA^JUATBUS  3 

(provocjtio),     founded    t>«lound    in    the    ^ 
jRoniani ;    and   it  is    probabft^j^^r  the  na;firi 
quaestors  were    quaestores  aeraru  v^^^^    HI   i 
parricidii.    The  consuls  indeed  retainecl^abjei 
to  the  senate,    the    supreme    control    of    tl 
treasury,    "but    the  quaestors   had  the  actui 
charge  of  the  money  and  kept  the  accounts,  n 
ceiving  the  former  from  the  consuls  and  payii; 
it  out  on  their  order.     They  held  the  keys  i 
the  treasury  in  the  temple  of  Saturn  Xcf.  Poly 
xxiii.  14,  where  Scipio  threatens,  as  consul,  i 
take  the  keys  and  open  it  himself),  and   hi 
charge  of  all  that  was  in  it,  including  not  on! 
coin  and  bullion,  but  also  the  military  standavi 
(Liv.  iii.  69;  iv.  22  ;  vii.  23).     Sute  papers' 
all  kinds  were  also  preserved  there,  not  onl 
account-books,  contracts,   and  lists  of  persoi 
who  had  claims  on  the  treasury,  but  (after  tl 
institution  of  the  curnle  aedileship)  decrees 
the  senate,  and  (after  the  Lex  Licinia  Junia 
D.a  62)  all  laws  and  proposals  of  laws.    Lists 
magistrates  and  senators,  who  had  taken  the  oatl 
of  office,  of  jurymen,    and    of   other    offici 
appointments  were  also  preserved  there,  and 
seems  to  have  been  the  duty  of  the  quaestors 
satisfy  themselves  as  to  their  genuineness  ai 
accuracy  (Plut.  Cat.  Min.  17;  Cic  PhiL  v. 
12), 

it  was  further  the  duty  of  the  quaestors 
see  to  the  payment  of  Arrears  of  taxation  (Li 
xxxiii.  42),  probably  through  the  trifmni  aerar 
and  to  keep  lists  of  defaulters ;  to  receive  t] 
sums  due  from  i\it  pvibluxaii  (Cic.  pro  Fiacc.  3 
79),  the  balances  in  the  hands  of  ex-governo 
of  provinces,  fines  due  on  a  legal  sentence  to  tl 
treasury,  and  the  war  indemnities  exacted  fro 
a  conquered  enemy  (Liv.  xxxii,  2  ;  xlii.  6). 

In  cases  of  default  the  quaestors  had  the  rig 
to  proceed  against  the  debtor  per  manus  i 
jectionem;  but  we  hear  nothing  of  any  stnt 
debtors  being  sold  into  slavery,  or  serving 
nexi :  hence  it  seems  that  the  custom  of  pr 
ceeding  against  the  debtor's  property  and  n 
his  person  established  itself  earlier  here  than 
private  legal  actions.  The  property  was  seiz 
and  sold  by  auction  (sectio). 

The  quaestors  also  had  to  conduct  t 
ordinary  sales  of  state  property,  so  far  as  the 
were  not  managed  by  the  censors,  includii 
prisoners  of  war  and  booty,  and  also  estat 
coming  to  the  nation  by  will  or  by  confiscatioi 

We  know  very  little  about  the  details^  of  t 
receipt  of  taxes  and  payments  from*  the  e 
chequer :  but  there  is  evidence  that  there  we 
distinct  treasuries  attached  to  different  depai 
ments.  The  payment  of  the  soldiers,  i 
instance,  was  made  through  the  tribuni  aerari 
the  few  salaries  paid  under  the  Republic,  and  t 
cost  of  maintenance  for  the  public  slaves,  we 
defrayed  directly  from  the  treasury.  So  we 
the  expenses  of  entertaining  distinguish 
strangers,  in  connexion  with  whose  visits  i 
•ftcn  find  the  quaestors  mentioned  (Val.  Ma 
V.  1,  1 ;  Liv.  xlv.  13,  12 ;  44,  7,  &c.). 

Contracts  were  only  managed  by  the  quaestc 
in  comparatively  unimportant  cases.  Th 
naturally  took  a  part  in  discussing  financ: 
questions  in  the  senate,  like  that  of  our  Cha 
cellor  of  the  Exchequer  (Auct.  ad  Hcrenn,  i.  1 
21).  It  seems  strange  to  us  that  such  imp( 
tant  duties  should  lie  assigned  to  young  a 
inexperienced    magistrates,    changing    yearl 


^'\  QUADKU''    "^^ 

butV  .'  the  duty 

p^r^^fB,  the  quadi-nr  ^^^  ^^^  pcrma. 

our  ^PJJJVte  odices.     It  vrta  onl^ 
battle^T^ACtium  that  Augustus  gave  vi^ 


QUAESTOB 

C 
Ud  the  quaesiorium  was  an  important  centre  in 

^  oamp  [Castba].     In  case  of  the  death  o: 

\^  dcf  *  commander,  he  succeeded  to  the  racancy : 

e^^o^jd  if  the  former  left  the  camp,  it  was  usually 


of  the  treasury  to  two  ex-praetors  (called   "^^s^  ^c  quaestor  whom  he  chose  to  replace  him  p> 
^(cti  aerarii  Saturni),  elected  annually  b>-^  ^^praetore  (Cic.  ad  Fam.  ii.  15,  4).     Similarly,  in 


senate  (Tac.  Ann.  xiii.  29;  Sueton.  Au^.  36): 
subsequently,  to  avoid  the  excitement  of  elections, 
it  was  committed  to  two  of  the  praetors  chosen 
by  lot.  Claudius  in  A.D.  44  gave  it  back  to  two 
of  the  quaestors,  selecting  himself  those  who 
were  to  fill  this  office,  wliich  now  was  held  for 
three  years,  under  the  title  of  quaestorea 
aerarii  Satitmi,  Finally  Nero,  in  a.d.  56, 
restored  it  to  ex-praetors,  again  holding  the 
title  of  praefecti  aerarii  Satumiy  but  now  ap- 
pointed by  the  emperor  for  three  years  at  a 
time  (Tac.  Ann,  xiii.  28,  29),  sometimes  ex- 
tended, as  we  see  from  the  case  of  Pliny  (see 
IfermeSf  iii.  90).  Quaestores  urhani  continued 
to  be  elected  late  into  the  third  century; 
possibly  their  functions  were  restricted  to  the 
charge  of  such  state  papers  as  were  not  of  a 
financial  nature. 

C  The  duties  of  criminal  prosecution  and  of  the 
charge  of  the  treasury  were  the  main,  if  not 
the  sole  duties  of  the  quaestores  iir6ani.*  and 
they  were  both  of  a  nature  to  make  their  con- 
tinuous presence  in  the  city  necessary.  On  the 
other  hand,  the 

2.  QuaestoreSy  not  distinguished  as  ur&ant,  nor 
by  any  special  appellation,  were  regularly 
attached,  each  to  some  general  or  governor  of  a 
province,  as  his  adjutant.  The  dictator  alone 
was  not  required  to  have  any  such  assistant. 
Nor  were  quaestors  attached  to  the  praetora 
who  remained  in  the  city  to  preside  in  the 
courts.  But  the  magistrates  who  had  quaestors 
at  all,  always  had  them.  If  the  term  of  office 
of  the  quaestor  expired  before  that  of  his 
superior,  it  was  extended  by  prorogatio  :  if  the 
quaestor  died  or  left  the  province,  the  governor 
nominated  some  one,  usually  one  of  his  legatif  to 
be  pro  qtiaestore  (Cic.  in  Verr,  i.  4,  12).  It  was 
only  in  Sicily,  where  the  province  was  divided 
into  an  eastern  and  a  western  district,  that 
more  than  one  quaestor  was  ever  assigned  to  a 
governor:  in  that  case  there  were  two.  The 
praetor  was  supposed  to  hold  a  kind  of  parental 
relation  to  his  quaestor  (Cic.  pro  Plane,  11,  28 ; 
ad  Fam.  xiii.  10,  1,  and  often),  even  after  the 
term  of  office  had  expired. 

The  special  duties  of  what  may  be  termed 
(somewhat  loosely)  provincial  quaestors  were 
financial.  As  the  consul  could  only  draw  upon 
the  state  treasury  through  the  quaestores 
urbani,  so  the  generals  and  governors  were 
similarly  restricted.  Receipts  and  payments 
passed  through  his  hands,  and  he  seems  to  have 
been  in  charge  of  the  military  stores  (Polyb.  vi. 
31).  Even  when  coins  were  stamped  bv  a 
general,  the  quaestores  name  often  appears  alone 
upon  them  (Mommsen,  J^dm.  MUnztcesen, 
p.  374).  The  accounts  of  the  campaign  had  to 
be  given  in  by  him,  although  the  commander 
shared  the  responsibility.  But  the  booty  was 
disposed  of  by  the  commander  at  his  pleasure ; 
and  if  he  sold  it,  he  often  did  so  through  inferior 
officers,  especially  the  praefecti  fabrum. 

But  even  from  a  military  point  of  view  the 
quaestor  ranked  next  to  the  commander:  he 
had  three  sentinels,  and  the  legati  only  two, 


judicial  business,  as  the  governor  exercis<fd  the 
jurisdiction  of  the  praetor  in  civil  business,  thi; 
quaestor  exercised  that  of  the  aediles,  and  issue] 
the  appropriate  edicts  (Gaius,  i.  6).  Under  the 
Empire  no  quaestors  were  sent  to  imperial 
provinces  (t6.) ;  but  a  senatorial  proconsular 
governor  had  attached  to  him  a  qttaestor  pro 
praetore. 

While  no  quaestor  was  specially  attached  to  a 
consul  for  his  duties  in  the  city,  each  would 
receive  one  as  a  military  adjutant  when  he  took 
the  field,  and  doubtless  he  would  nse  his  serrict-^ 
also  in  the  citv  as  he  had  occaa ion  for  them :  fur 
instance,  for  the  organisation  of  a  consular  army. 
So,  at  the  time  of  the  conspiracy  of  Catiline, 
P.  Sestius,  the  quaestor  attached  by  lot  to  the 
consul  C.  Antonius,  was  sent  with  an  armed 
force  to  Capua,  to  remove  the  danger  of  a  rising 
there  (Cic.  pro  Sest.  4,  9).  When  the  custom 
came  in  for  a  consul  to  proceed  at  the  end  of  his 
year  of  leffice  to  govern  a  province  as  procoasul, 
it  was  the  regular  thing  for  his  quaestor  t> 
accompany  him  as  pro  quaestore  :  thus  Sestiu< 
followed  Antonius  to  Macedonia  in  B.a  OJ. 
From  B.C.  38  each  consul  had  two  quaestors, 
selected  by  himself  (Dio  Cass,  zlviil.  43),  wh  • 
assisted  him,  among  other  things,  in  his  duties  of 
presiding  in  the  senate.  Nothing  is  known  as  tc 
the  disuse  of  this  practice.  Under  the  Empire 
we  meet  with  quaestores  principis  or  Augtisti : 
they  were  two  in  number,  assigned  to  the 
emperor  as  holding  proconsular  power,  snl 
employed  by  him,  when  he  thought  fit,  to  real 
in  the  senate  anv  written  communication  t<> 
that  body  (Ulpian,  Dig.  1,  13,  1,  2>  But  the 
duty  did  not  necessarily  fall  upon  them: 
Augustus  in  his  later  years  employed  the 
services  of  Germanicus  (Dio  Cass.  Ivi.  26),  Nem 
the  consuls  (Suet.  NerOy  15),  and  Vespasian  one 
of  his  sons  (Suet.  Tit  6).     The 

3.  Qttacstores  dassici  were  four  in  number, 
established  after  the  reduction  of  Italy  in 
B.C.  267,  originally  subordinates  of  the  consuls, 
charged  especially  with  the  defence  of  the  coa>t. 
Their  stations  were  at  Ostia,  at  Cales,*  th*- 
oldest  Latin  colony  in  Campania,  and  doobtleM 
the  centre  of  the  Roman  administration  of  th.i' 
district  [Oi//«,  in  Tac.  Ann.  iv.  27,  can  be  hardlv 
anything  but  a  corruption  for  Cales'jt  in  ^^ 
alpine  Gaul  about  the  Po  (roftias  rris  wf pi  n^'"' 
Takarlasj  Plut.  Sert,  4),  probably  at  Ariminum, 
and  at  a  fourth  place,  nowhere  mentioned,  but 
possibly  Lilybaeum  in  Sicily.  Their  duties 
were  generally  those  of  the  provincial  quaestors ; 
but  as  they  had  no  resident  superior,  they  hai 
in  practice  more  independent  powers,  indudinj 
certainlv  military  authority,  as  we  see  from 
Tac.  Ann.  iv.  27.  They  had  also  the  doty  oi 
seeing  that  the  allies  furnished  the  proper  con- 
tingents for  the  fleet,  and  the  quaestor  at  (hv.\ 
had  important  and  onerous  functions  in  ov- 
nexion  with  the  com  supply,  which  made  it  an 
unpopular  office  (Cic.  pro  Mur,  8,  18).  K  t^* 
quaestorshipat  Lilybaeum  ever  belonged  to  this 


•  WlUeins.X«5Aw«,  U.  603,  r^ecU  this  view. 


QUAESTOBIA  MUNEBA 

group,  its  character  most  hare  been  changed, 
Atter  Sicilj  became  a  prorince;  and  that  at 
Cales  seems  to  have  been  suppressed  soon  after 
A.D.  24  (the  date  of  the  events  mentioned  by 
Tacitos,  /.  c),  for  when  Claudius  in  a.d.  44 
transferred  again  to  the  quaestors  the  charge  of 
the  treasury,  he  suppressed  the  other  two,  and 
none  were  then  left.  There  are  references  to  a 
prxrcmda  aquaria^  discharged  by  one  of  the 
quaestors  (Cic  tn  Vaiin,  5,  12),  which  had 
probably  reference  to  the  water-supply,  but  we 
know  nothing  of  it  definitely. 

The  quaestors,  as  a  body,  were  charged, 
probably  at  an  early  date  under  the  Empire, 
with  the  expense  of  paring  roads,  but  we  do 
not  know  to  what  extent :  this  seems  to  have 
been  a  device  for  making  them  '*pay  their 
footing  *'  when  entering  the  senate.  Claudius 
substituted  for  this  the  duty  of  giving  a 
gladiatorial  show  (Suet.  ClawL  24,  '^coUegio 
qnaestomm  pro  stratum  viarum  gladiatorium 
munus  injunxit :"  cf.  Tac  Ann.  xi.  22,  xiii.  5). 
This  is  the  only  instance  of  common  action  on 
the  part  of  the  college. 

(The  above  account  follows  closely  that  given 
by  Mommsen,  ^misches  Staatsrecht,  ii.' 
oll-537.  The  account  in  Becker,  Handbuch,  ii. 
2,  327-358,  is  confused  by  an  attempt  to  dis- 
tinguish two  different  kinds  of  quaestors  from 
the  first,  following,  as  usual,  the  theories  of 
Niebuhr.  Madvig,  Verf,  u,  VencalL  i.  438  ff., 
also  shares  this  view,  rightly  rejected  by 
Boucfa^Leclercq,  Manttelf  p.  75 ;  Willems,  Droit 
PvMic^  p.  303 :  cf.  Lange,  Bdm.  Alt  I*  881- 
897  ;  Herzog,  Gesch.  d.  Mm,  Verf,  i.  pp.  814- 
826.)  [A.  S.  W.] 

QUAESTO'RIA  MU'NEBA.  [Ludi, 
Vol.  II.  p.  87  aj 

QUAESTO'BIUH.  [CAflXBA,  VoL  L  pp. 
373,  381.] 

QUALuS.    [Calathus.] 

QUANTI  MtoO'RIS,  or  AESTIMATO'. 
BIA  A/OTIO.  A  seller  of  a  thing  was  not 
liable  to  the  buyer  by  the  rules  of  Jus  Civile  for 
any  faults  or  defects  in  the  thing  sold,  unless  he 
was  aware  of  such  defects  and  did  not  disclose 
them,  or  unless  he  had  warranted  their  absence. 
But  the  curule  aediles,  who  had  jurisdiction 
over  the  market,  promised  in  their  edict  to 
give  actions  to  buyers  against  sellers  on  account 
of  any  non-apparent  faults  or  defects,  even  if 
the  seller  was  not  aware  of  them. 

The  actions  which  the  aediles  framed  for  the 
purpose  of  thus  extending  the  liabilities  of 
sellers  were  the  actio  redhibitoria  [Redhibi- 
TORiA  Actio]  and  the  actio  quanti  minoris. 
The  object  of  this  latter  action  was  to  obtain  an 
abatement  in  the  purchase-money  proportionate 
to  the  decrease  in  the  value  of  the  thing  at  the 
time  of  the  sale,  owing  to  its  defects.  This 
action  was  to  be  brought  within  a  year  (annua 
utHisy.    [Esipno  ET  VEKDrrio.] 

(Cic.  de  Off.  iii.  16,  17 ;  Dig.  21,  1,  de  aedi- 
lido  edicto  et  redhibitoria  et  quanti  minoris  ;  Cod. 
4,  58,  de  aediliciia  actionibus;  Neustetel,  Jtom. 
Rechtlichey  Untersuchungen,  155,  &c. ;  Keller,  in 
Gcirs  Jahrb,  iii.  86,  &c. ;  Walter,  Gesck.  dcs 
rem.  SechtSf  §  602;  Windscheid,  Pandektui, 
iii.  §  393.)  [E.  A.  W.] 

QXJAKTA'IinJB,  a  Roman  measure  of  :a- 
padty,  one-fourth  of  the  textariuSj  and  cocse- 
quently  a  little  less  than  a  quarter  of  a  pnt 


QUINQUATRUS 


535 


\ 


imperial.  It  is  also  found  in  the  Greek 
system  of  liquid  measures  under  the  name  of 
riraprov.  [P.  S.] 

QUASILLA'RIAE.    [Calathus.] 

QUASILLUM.    [Calathus.] 

QUATUORVIRI JURI DICUNDO.  [Co- 
LONIA,  Vol.  I.  p.  482  6.] 

QUATUORVIRI  VIARUM  CURANDA- 
RUM.    [Viae.] 

QUEREXA     INOFFICIO'SI     TESTA- 

MENTI.      [TEffTAMENTUM.] 

QUINA'RIUS.    [Denarius.] 

QUINCUNX.    [Pondera,  Vol.  II.  p.  455.] 

QUINDECIMVIRI.  [Decemviri,  Vol.  I. 
p.  601  6.] 

QUINQUAGE'SIMA.  (1.)  A  tax  of  the 
fiftieth  part,  or  2  per  cent.,  upon  the  value  of  all 
slaves  who  were  sold ;  instituted  by  Augustus 
(Dio  Cass.  Iv.  31). 

In  A.D.  56  the  rate  was  l-25th,  or  4  per 
cent,  (rectigal  quintae  et  vicesimae  venalium 
mancipiorumy  Tac.  Ann.  xiii.  31).  Marquardt 
(Staatsveriffoltungy  ii.  270)  would  reconcile  the 
two  passages  by  reading,  with  Lipsius,  wcrrti- 
Koor^s  for  vcpnywHrr^s  in  Dio  Cassius. 

(2.)  Tacitus  (Ann.  xiii.  51)  speaks  of  Nero 
abolishing  a  quinquagesima.  But  the  charge  on  \ 
slaves  was  now  l-25th9  not  l-50th;  Nero, 
therefore,  must  have  abolished  some  different 
tax.  It  may  have  been  one  of  Caligula's  taxes 
(Suet.  Cal.  40),  though  Claudius  seems  to  have 
repealed  these  (Dio  Cass.  Ix.  4) ;  or  similar  to  the 
charges  of  quinquagesimae  mentioned  by  Cicero 
(Verr.  iii.  49,  78)  as  made  by  publicani  on  the 
aratores  of  Sicily;  or  it  may  have  been  some 
other  illegal  exaction  (see  under  Quad&aoebiha, 
and  Marquardt's  Staataveno.  ii.  184). 

A  duty  of  2  per  cent,  was  levied  at  Athens  on 
exports  and  imports  [Penteooste].     [F.  T.  R.] 

QUINQUATRUS  (fem.  plur.)  or  QUIN- 
QU ATRIA  (neut.  plur.)^  a  festival  which  was 
celebrated  on  the  19th  of  March.  The  word 
signified  the  fifth  day  after  the  Ides,  just  as 
triatrus,  texatrus,  teptimatruSt  deamaU^s  sig- 
nified the  third,  sixth,  seventh,  and  tenth  days.. 
(See  Varro,  L.  L.  vi.  14 ;  Fest.  p.  254 ;  Gell.  ii. 
21 ;  Roby,  Lat.  Gr.  §  902.)  A  false  etymology 
led  to  its  being  afterwards  regarded  as  a  five-days' 
festival  (Ov.  Fast.  iii.  809 ;  Triat.  iv.  10, 13;  liv. 
xliv.  20),  and  as  such  it  was  observed  under  the 
later  Republic  and  the  Empire  from  March  19-23. 
Strictly  it  was  (as  appears  in  the  Calendars,  and 
as  its  name  really  implies)  a  one-day's  festival, 
celebrated  originally  as  a  lustratio  of  the  arma 
ancUia,  when  the  arms  were  brought  out  to  be 
ready  fipr  the  campaigning  season,  just  as  the 
Armilustriuu  on  the  19th  of  October  was  the 
inventory,  so  to  speak,  before  they  were  put 
away  again  (Charis.  81,  20).  A  sacrifice  was 
offered,  and  there  was  a  dance  of  the  Salii  in 
the  Comitium,  the  ceremony  being  under  the 
direction  of  the  Pontifices  and  Tribuni  Cel. 
(<7a/.  Pram. ;  Varro,  L.  L.  v.  85>    [Saui.] 

The  day  acquired  a  fresh  significance  from 
being  selected  for  the  dedication  of  the  temple  of 
Minerva  on  the  Aventine,  and,  instead  of  being 
purely  military,  became  the  festival  of  various 
trades  (Ov.  Fast.  iii.  809-834;  artificum  diea, 
Cal.  Pracn.)  and  of  arts.  Hence  it  became  also  a 
holiday  for  the  schools,  extending  over  the  whole 
five  days,  which  now  became  included  under  the 
name  Quinquatrus  or  Quinquatria  (Hor.  Ep.  iL 


536 


QUINQUENNALIA 


2, 197 ;  Juv.  X.  115 ;  LuDfs  Litterarius,  p.  97): 
hence  alito  it  wu  a  daj  of  receipts  for  fortoae- 
tellers  (Plaut.  Mil,  Glor.  iii.  1,  98) ;  and  for  the 
same  reason  Domitian,  who  claimed  Minerra  as 
his  guide,  gave  prizes,  at  his  Alban  villa,  at 
this  time  to  orators  and  poets,  and  established  a 
collegiam,  the  members  of  which  should  exhibit 
venationes  and  stage-plays  (Suet.  Vom,  4 ; 
Din  Cass.  Ixvii.  1). 

The  first  and  regular  day  of  the  festival  was 
marked  by  the  offerings,  &c.,  as  above  men- 
tioned, and  the  commemoration  of  the  temple 
dedicated  to  Minerva;  on  the  other  four  days 
there  were  shows  of  gladiators,  and  a  season  of 
general  merrymaking  (Suet.  Aug,  71,  Ner,  34; 
Tac.  Ann.  xiv.  4).  On  the  fifth  day,  March  23, 
was  the  tubilitatrium  (Fest.,  Varr.  $,  v.\  sacred  to 
Mars  and  Nerio  (Lyd.  deMens.  iv.  42 ;  Porphyr. 
ad  Hor.  Ep.  ii.  2,  209),  for  whom  Ovid  {Fatt, 
iii.  849)  substitutes  Pallas.  On  this  day  the 
trumpets  used  in  the  sacred  rites  were  passed  in 
review,  and  purified  by  the  Salii  Palatini  and 
the  tubicines  aacrorum  popuii  Rcmani  (Gell.  i. 
12 ;  CLL.  ix.  3609,  x.  5394). 

There  was  a  festival  called  Quinquatms 
Minnsculae  on  the  13th  of  June,  when  the 
tibicines  went  through  the  city  in  procession  to 
the  temple  of  Minerva,  and  observed  a  sort  of 
carnival  for  three  days  (Liv.  ix.  30 ;  Ov.  Fast, 
vi.  651;  Varro,  Z.  L,  vi.  17;  Val.  Max.  ii. 
5,  4);  they  were  masked  and  gaily  dressed 
(Censorin.  xii.  2).  The  "collegium  tibicinum 
ct  fidicinum,  qui  aacris  publicis  praesto  sunt,"  is 
mentioned  in  several  inscriptions  (C  /.  L,  vi. 
3696,  3877;  ix.  3609;  x.  6101).  As  this 
festival  was  on  the  Ides,  it  is  clear  that  the  name 
was  not  given  on  any  etymological  principle, 
but,  as  Varro  says,  from  a  connexion  of  ideu 
with  the  greater  Quinquatrus. 

It  has  been  observed  that  the  March  school 
festival  reappeared  in  Christian  times  as  the 
festival  of  St.  Gregory  (Gregory  the  Great,  a 
founder  of  schools),  and  was  kept  in  some  places 
on  March  12th,  in  others  on  March  19th. 

(Marquardt,  Staatsvcrto,  iii.'  434 ;  Mayor  on 
Juv.  X.  115.)  [W.  S.]    [G.  li.M.] 

QUINQUEXXA'LIA  were  games  insti- 
tuted by  Nero  a.d.  60,  in  imitation  of  the  Greek 
festivals,  and  celebrated  like  the  Greek  tck- 
Tcn7/>(8cf  at  the  end  of  every  four  years  ;  they 
consisted  of  musical,  gymnastic,  and  equestrian 
contests,  and  were  called  Neronia,  or  Agon 
yeroneus,  (Suet.  Ner,  12;  Tac.  Ann,  xiv.  20; 
Dio  Cass.  Ixi.  21.)  Suetonius  and  Tacitus 
(//.  cc,)  say  that  such  games  were  first  intro- 
duced at  Rome  by  Nero.  The  Qmnquennalia, 
Avhich  had  previously  been  instituted  both  in 
lionour  of  Julius  Caesar  (Dio  Cass.  xliv.  6)  and 
of  Augustus  (Id.  Ii.  19 ;  Suet.  Aug,  59,  98), 
were  confined  to  the  towns  of  Italy  and  the 
}irovinc«s.  The  Quinquennalia  of  Nero  appear 
not  to  have  lasted  long,  but  they  were  revived 
byGordian  III.  (Friedliinder,  Sittengeschichte^ 
ii.'  436  f. ;  Marquardt.  StcMtanenc.  iii.*  566.) 
For  the  Agon  Capitolinus  of  Domitian,  see  Ludi, 
p.  85  6.  [W.  S.]    [G.E.  M.] 

QUINQUENNAXI8.  [Colonia,  Vol.  I. 
p.  483  a.] 

QUINQUEHE'MIS.    [Navm.] 

QUINQUE'RTIUM.    [Pentathlon.] 

QUINQUEVIRI,  or  five  commissioners,  were 
frequently    appointed    under    the  Republic  as 


QUORUM  BONORUM 

extraoniinary  magistrates  to  carry  any  measure 
into  efi*ect.  Thus  Qumqueviri  Mensariij  or 
public  bankers,  were  occasionally  appointed  io 
a  financial  crisis,  to  manage  loans  and  other 
banking  business  [Aroentabii,  V^ol.  I.  p.  181]; 
the  same^  number  of  commissioners  was  some- 
times appointed  to  superintend  the  formation  of 
a  colony,  though  three  {triumtirC)  was  a  movff 
common  numl^r.  [Colonia,  VoL  I.  p.  479  6.] 
We  find,  too,  that  Qainqueviri  were  created  to 
superintend  the  repairs  of  the  walls  and  of  the 
towers  of  the  city  (Liv.  xxv.  7),  as  well  as  for 
various  other  purposes. 

Besides  the  extraordinary  'commissionen  of 
this  name,  there  were  also  permanent  officers, 
called  Qvinqueviri  cis  7\berhn  (Lav.  xxxtz.  14); 
who  were  responsible  for  the  safety  of  the  city 
after  sunset,  especially  to  guard  against  fires,  s» 
it  was  inconvenient  for  the  regular  magistrates 
to  attend  to  this  duty  at  that  time :  they  were 
first  appointed  soon  after  the  war  with  Pyrrhns. 
(Dig.  1,  2,  2,  31.)  Mommaen  (^Staatsrecht,  ii. 
611)  suggests  that  these  were  originally  four, 
one  for  each  of  the  old  regions,  and  thst 
the  fifth  was  added  for  the  Transtiberine  region. 
The  title  ds  TS)enm  was  still  retained,  sod 
they  were  also  called  collectively  Cistibeivs 
(Dig. /.  c).  [W.  S.]    [G.  E.  M.] 

QUINTA'NA.  [Caotba.] 
QUIRIN  A'LIA,  a  festival  sacred  to  Quirinos, 
which  was  celebrated  on  the  17th  of  February, 
on  which  day  Romulus  was  said  to  hare 
been  carried  up  to  heaven.  (Ovid,  Fast. /li. 
4.'i7 ;  Kestns,  $,  v. ;  Varro,  L,  L,  vi.  13,  and 
Calendars.)  This  day  was  also  called  SifA- 
ioruin  Feriae,  for  the  meaning  of  which  see 
FORNACAUA.  (Marquardt,  Stcudnenc,  iii.  117, 
570.)  [W.  S.]    [G.  E.M.] 

QUIRINA'US  FTAMBN.  [Flamen] 
QUIRI'TES,  QUIRITIUM  JUS.  [Jus.} 
QUOD  JUS8U  ACTIO.  [Juasu  Qroo.] 
QUORUM  BONORUM,  INTERDICTUM. 
The  object  of  this  interdict  was  to  give  a  person 
who  had  a  prim&-facie  claim  to  an  iohfrit- 
ance  interim  possession  of  things  belonging  to 
it,  until  a  suit  respecting  the  inheritance 
was  determined.  Thus  it  was  an  interdict 
for  acquiring  possession  (adiphcendae  poaessvmis 
causa),  [INTERDICTUM.]  The  Interdictmo 
quorum  oonorum  was  originally  the  ouW 
means  by  which  the  bonorum  po8se5»<^r  or 
praetorian  heir  could  obtain  possession  of  the 
property  of  the  inheritance,  since  such  succf  ssor, 
not  being  heres,  could  not  claim  by  faereditatis 
{J^titio,  nor  by  vindieatio,  since  he  was  not  ciril 
owner;  in  course  of  time,  however,  whm 
bonitarian  ownership  (in  bonis)  was  established, 
this  kind  of  equitable  ownership  was  attriboted 
to  the  bonorum  possessor,  and  so  he  might  be 
able  to  maintain  vindicatio  utilis.  Moreover, 
if  the  bonorum  possessor  lost  possession,  be 
could  in  many  cases  recover  it  by  the  poseessorr 
interdicts,  if  he  continued  in  possession  for  the 
period  of  nsucapicn,  he  became  civil  owner. 
Only  property  of  which  a  person  could  bare 
possession  or  quasi-possession  w^s  the  object  of 
the  interdictum  quorum  bonorum,  but  in  the 
H'.atter  of  obligations  the  praetor  put  the 
bonorum  possessor  in  the  same  position  0 
the  heres  by  allowing  him  to  sue  in  respect  of 
the  claims  that  the  deceased  had,  and  allowing 
any  person  to  sue  him  in  respect  of  clalne 


QUORUM  BOXOBUM 

against  the  deceased,  in  an  actio  utilis  (Ulp. 
Fr.  28,  {  12 ;  Gains,  ii.  52-58).  Ultimately  the 
bonorum  possessio  was  pot  on  the  same  footing 
in  respect  of  actions  as  the  hereditas,  the  posses- 
soria  faereditatis  petitio  being  given  to  the 
bonomm  possessor,  corresponding  to  the  heredi* 
tatis  petitio  of  the  heres. 

The  new  form  of  procedure  co-existed  with 
the  interdict,  and  a  person  might  arnil  him- 
self of  either  mode  of  proceeding,  as  he  thought 
best,  the  two  remedies  differing  not  only  in 
their  extent  bnt  also  in  the  fact  that  the  one 
was  a  provisional  remedy  pending  an  action, 
while  the  petitio  was  an  action  definitively 
determining  the  right  to  the  inheritance.  Thus 
in  the  legislation  of  Justinian  we  find  both 
forms  of  procedure  mentioned.  Some  writers 
maintain  that  the  p.  p.  her.  was  recognised 
in  the  Edictnm  Perpetuum  of  Hadrian,  while 
others  think  that  it  must  have  been  of  later 
origin  (see  Leist,  i.  295 ;  Lenel,  Dca  Edidwn 
Perpctuumy  xv.  §  67). 

llie  name  of  the  Interdictnm  quorum  bonorum 
is  derived  from  its  introductory  words,  and  it 
runs  as  follows:  '^Ait  Praetor:  quorum  bo- 
norum ex  edicto  meo  illi  possessio  data  est: 
qaod  de  his  bonis  pro  herede  aut  pro  possessore 
possides,  possideresve  si  nihil  usucaptum  esset : 
quod  quidem  dolo  malo  fecisti,  uti  desineres 
possidere ,  id  illi  restituas."  ^  The  Praetor 
declares:  Whatever  portion  of  the  property 
f^ranted  in  pursuance  of  my  edict  to  be  possessed 
by  snch  and  such  a  one,  thou  possessest  as  heir 
or  as  unentitled  occupant,  or  wouldest  so  possess 
but  for  nsncapion,  or  hast  fraudulently  ceased 
to  possess,  such  portion  do  thou  deliver  up  to  such 
a  one.'O    (Poste's  Oaius,  iv.,  §§  138-170  comm.) 

Accordingly  he  was  entitled  to  this  interdict 
when  he  had  obtained  a  grant  of  bonorum 
possessio  from  the  praetor,  if  any  one  of  the 
following  conditions  applied  to  the  defendant: — 

1.  That  he  was  in  possession  claiming  to  be  heir. 

2.  That  he  was  in  possession  without  any  title. 

3.  That  he  had  acquired  ownership  by  usu- 
capio  pro  herede. 

4.  That  he  would  be  in  possession,  if  he  had 
not  fraudulently  made  away  with  the  property. 

The  third  condition  requires  some  explanation. 

According  to  the  old  law,  any  malA-fide 
possessor  could  acquire  the  ownership  of  a  thing 
belon^ng  to  the  hereditas,  in  the  interval 
between  the  death  of  the  deceased  person  and 
the  entrance  (aditio)  of  his  heres  on  the  inheri- 
tance. But  Hadrian  (Gaius,  ii.  57)  by  the  SC. 
Juventianum  changed  the  law  so  far  as  to 
protect  the  heres  against  the  usucapion  of  an 
improbus  possessor,  and  to  restore  the  thing  to 
him.  Hence  the  words  relating  to  usucapion 
were  Introduced  into  the  formula  of  the  inter- 
dict. In  the  legislation  of  Justinian  these 
words  have  no  meaning,  since  usucapio  lucratira 
pro  herede  forms  no  part  of  it ;  yet  the  words 
hare  been  retained  in  the  compilation  of  Jus- 
tinian, like  many  others  belonging  to  an  earlier 
age,  though  they  had  lost  their  practical  signifi- 
cance. According  to  another  explanation,  a  title 
by  lucrativa  usucapio  pro  herede  was  not  a  de- 
fence to  the  Interdictum  quorum  bonorum,  even 
before  the  enactment  of  the  SC.  Juventianum, 
the  effect  of  this  law  being  only  to  allow 
the  heres  to  recover  by  hereditatis  petitio 
from    a  person  who   had    acquired    property 


BATI0NIBU8 


53^ 


of  the  inheritance  by  such  usucapion.  THeres  ; 
Bonorum  Possessio.]  (Dig.  43,  2;  Gains,  iv. 
144;  Savigny,  in  Zeitsch,  fur  gesch,  Rechtsw, 
V.  1,  and  vi.  239;  Francke,  Das  Recht  der 
Notherhen,  c.  97,  &c. ;  Fabrieius,  Unprunj  nnd 
Entvo.  der  B,  P.  158,  &c. ;  Leist,  Bonorum  Pos^ 
Sffsstlo,  i.  342 ;  Huschke,  in  Richter*s  Jdhrg.  iit 
pp.  19,  20,  26,  &c)  [E.  A.  W.] 


R. 


BA'DIUS.  1.  A  straight  pointed  rod  used 
by  geometricians  and  astronomers  for  describing 
figures  on  their  abacus,  a  table  covered  with 
sand.  (Cic.  Tuac,  v.  23,  64,  '*a  pulvere  et 
radio,"  of  Archimedes;  cf.  Cic  N,  D,  ii.  18,  48, 
"  eruditum  ilium  pulverem,"  of  geometry ;  Pers. 
i.  131 ;  Aristoph.  Nub,  177.)  In  Verg.  Ed,  in. 
41,  Aen,  vi.  850,  it  is  probably  the  actual  rod 
(as  above)  used  for  the  actual  drawing  of  terres- 
trial and  celestial  globes  on  the  abacus,  rather 
than,  as  Conington  says,  a  mere  "phrase  for 
scientific  delineation."    [See  also  Abacus,  III.  0.3 

2.  Used  in  weaving.    (Tela.] 

3.  Of  a  wheel.    [CURRUS.]  [G.  E.  M.] 
BAMNE8.    [Patricii.] 

RAPI'NA.    [Furtum.] 

BASTRUM,BASTBf,BA8TELLUS.  In 
this  word  the  neuter  form  belongs  to  the  sin- 
gular ;  the  masculine,  as  though  from  raster^  to 
the  plural.  As  regards  its  use,  it  seems  to  u» 
necessary  to  make  a  clear  distinction  between 
(1)  the  rastrum  quadridens,  which  is  a  rake ; 
and  (2)  the  rastrum  bidens,  which  is  a  hoe  or 
mattock.  When  rastrum  stands  alone,  the 
quadridens  or  rake  is  usually  meant,  but  not 
always  in  poetry  ;  for  instance,  in  Verg.  Oeorg, 
i.  94,  Aen.  ix.  608,  the  bidens  is  to  be  under- 
stood. (1.)  The  quadridens  or  four-toothed 
rake  (in  Greek  probably  Xiirrpov)  was  sometimes 
of  iron ;  it  is  mentioned  by  Cato  in  his  list  ef 
ferramentOy  for  an  olive  garden  (Cat.  JR.  i?.  10), 
and  for  a  vineyard  (•&.  11);  but  in  Colum.  ii. 
11,  4,  /M/net  rastri  are  used  to  rake  the  earth 
over  seeds.  The  diminutive  rastellua  is  nearly 
always  a  rake,  and,  as  far  as  its  material  is 
stated,  a  wooden  rake,  for  raking  sown  ground 
(Colum.  ii.  12,  6),  for  raking  up  straw  (Yarr. 
B.  R.  i.  49).  In  Suet.  Ker»  19,  however,  the 
rastellus  is  a  light  bidens. 

(2.)  The  two-pronged  rastrum,  rastrum  bidens 
(nearly  always  bidens  alone),  was  used  as  a  hoe 
or  mattock  for  breaking  up  the  ground  (= Greek 
S^KcXXa  or  trfity^ni).  It  was  probably  always  of 
iron  (as  in  Pallud.  viii.  5),  so  as  to  be  driven 
forcibly  into  the  ground,  "  fossores  jactant  bi- 
dentes"  (Colum.  iii.  13):  the  farmer  uses  it  in 
the  vineyard,  turning  up  the  earth  "  vel  aratVo 
val  bidente  " :  "  fossor  qui  crebris  bidentibus  soli 
terga  comminuit"  (id.  iv.  14).  It  is  used  for 
stony  ground,  while  the  pcila  or  spade  suits 
marshy  ground  (Plin.  H  N.  xviiL  §  46).  The 
woodcut  under  Pala  shows  a  bidens  with 
curved  prongs ;  cf.  curvi  rastri  in  CatuU.  64, 
39.  [J-Y-l   n3.E.M.] 

BATIO'NIBUS    DISTBAHENDIS  A'C- 

TIO.     [TUTELA.] 


533  BATIS 

BATI8  (ffX«B(a),  a  raft.  Iti  nature  is 
roughly  deacribed  by  Fralus,  p.  136,  "  rstei 
vocantnr  tigna  coUigMa  quso  per  aquai  agnn- 
tur,"  tni  by  Ueijch.  iixa  i  avrSioviri  Kol  aSria 
whinuai:  it  vaa  used  id  early  timea  or  among 
primitive  people  for  voyagea  across  narrow 
■traits  or  from  iiland  lo  island  (Thuc.  vi.  2 ; 
Plin.  B.  X.  vii.  §  206;  compare  the  "cata- 
maran "  of  the  Pacilic  islaDdi,  in  the  Tarr« 
strait*,  and  off  the  coast  of  Sew  Guinea, 
McGitliTray,  Voyage  of  the  Batthmake.  ii.  256)  ; 
but  in  all  times  for  craning  riTeis,  whether  ai 
a  moving  raft  (Lit.  iii.  28),  or  as  a  Sied 
pontoon  bridge  (Liv.  iii.  37  and  47  ;  Herod,  ir. 
1)7),  or  as  a  bridge  of  boats,  ne  lind  ral^s  and 
axtilcu  mentioned.  We  hare,  in  Lucan  It.  420, 
H  deicription  of  a  large  moTable  raft  supported 
on  casks  (pipae),  such  as  were  used  alio  for 
pontoon  bridges  (Veget.  iii.  7).  The  aecoont  ot 
the  raft  in  Od.  t.  has  a  peculiar  interest  and 
value,  both  as  eiplaining  fully  the  construction 
of  the  iTX'Sfoi  luid  also  ai  throwing  light  on 
some  terms  of  the  ancient  ahipwright  t  art. 


UlTsses  was  to  leave  (^ygia  npoa  a  raft,  tul 
ffx'«1t  ToAol/oMou  (I.  33),  an  epithet  which 
recun  I.  338 :  the  "  many  fastenings  "  are  toe 
chiof  problem  of  the  oonstructioa  ;  cf.  Herod,  ii. 
^4,  mpX  yifupevt  m/Kyobt  ml  fioMpobs  rrpitipouai 
Ti  SmiX^  ii\iL  Calypso  had  pointed  out  the 
place  where  the  material  for  the  raft  was  to  be 
found  in  the  shape  of  treea,  standing  long 
withered  and  dry,  which  would  float  lightly. 

Of  those  named,  the  floating  jwiver  is  very 
different,  viz.:— 

Aider    'lO  specilJc(r«Tltj,  -SO 

Alder  is  a  very  heavy  wood,  and  not  fit  for 
shipbuilding.  U  might,  however,  be  used  for 
the  ffTotdffi  and  the  dowels.  Poplnr  and  lir, 
but  chiefly  the  Inlter,  would  furnish  the  floor  of 
the  raft.  Twenty  trees  are  thrown,  and  trimmed 
nith  the  aie,  the  branches  and  knobs  hewn  oif. 
Then  the  adie  comes  into  play,  and  the  skilful 
shipwright  makes  two  smooth  surfaces  which 
are  straight  to  the  line.  The  timbers,  thus 
shaped,  will  touch  all  along  their  inner  eaTfaceB 
when  laid  together  (irrffaa,  tide  infm). 

Next  comes  the  procen  of  tying  them  together. 
For  this  the  goddess  brings  him  borers,  or  angers 
(Wp(Tf«,plnr.),  doubtless  of  different  diameters. 


BATIS 

In  tying  heavy  timbers  together,  where  metal 
is  not  available  ot  suitable  fur  the  purpose,  two 
kinds  of  taataniugs  are  necessary,  commualy 
called  trenails  (y^^ei),  aod  dowels  or  cuaks, 
which  are  here  represented  by  the  offurloi. 
The  trenail  (tree-nail)  is  a  long  peg  of  toogh 
wood  tapering  from  an  inch  or  inch  and  a  half 
in  diameter,  to  three-quarters  of  an  inch  at  the 
thin  end.  The  holea  into  which  this  is  drives 
run  through  both  pieces  of  timber,  and  of  coiine 
they  must  correspond  exactly  on  the  inner 
surface  when  the  two  timbers  are  laid  alongside 
of  each  other.  Trenails,  however,  are  not  thick 
enough  in  diameter  to  stand  a  vertical  strain 
tending  to  wrench  one  timber  from  the  other. 
To  make  them  of  a  greater  diameter  would 
weaken  the  timbers  themselves  dangeTousIr; 
and  so  in  order  to  meet  a  vertical  strain,  such 
as  the  rise  and  fall  of  the  waves  under  the 
bottom  of  a  raft,  shipwrights  join  the  timben 
not  only  with  trenaila  but  with  doweU,  or 
Goaks,  aa  they  are  also  called.  These  are  short 
pieces  of  hard  wood,  from  three  to  four  inches  in 
diameter  and  four  to  live  inches  long,  according 
to  the  site  of  the  span.  These  mn  let  in  al 
intervals  between  the  trenails  with  sbillor 
holes  bored  to  correspond  in  each  timber.  BeiQE; 
short  and  of  hard  wood,  they  will  take  a  grrst 
vertical  strain,  as  long  as  they  renuis  fast. 
Hence  Ulysses  makes  up  his  mind  to  remain  oa 
the  raft— 

When  once  the  timbers  had  slipped  outiide 
the  dowels,  the  trenaila  would  not  be  of  much 
use  in  holding  the  raft  together.  ' 

As  for  ip/umUu,  the  word  ocean  in  Ar.  Eq.  | 
T£r  ff  apfuriit  Snxoiraoiwvv,  where,  if  a  flute 
is  the  instrument  spoken  of,  it  would  mean  tli<! 
Joints  gaping,  i.e.  the  sockets  opening  from  th« 
pieces  that  Ktted  into  them.  A  little  above  the 
eipressiou  v^KTOMf  it/raxAfuai  Ciamr  occnis,  f^ 
that  it  is  probable  that  the  metaphor  of  Jeinen' 
work  is  being  kept  np.     The  joints  of  the  dati 


word  kp/iht  is 


e  dowel 


The 


noticeable  in  this  conneiien, 
't°p:  tf-  Eir.  Fr.  ErecUt. 
Ofi^^t  tanipii  S<nrtp  ir  (i>Ay  wir^li. 

Ulysses  having  planed  his  spara  with  lit 
adze  and  bored  them  all  and  fitted  them  euctlc. 
then  (read  tpnsirtr:  cf.  Ap.  Rhod.  ii.  61^  'tri 
/iir  "hfyos  y6/t^tfftr  irvriipatfirffr,  with  Arislai- 
ehus)  knocks  them  together,  so  that  treaaUi 
and  dowels  £t  into  their  respective  holes  aaJ 
the  inner  surfaces  of  the  spars  meet  togelher. 
This  work  of  knocking  the  timbers  together  i> 
well  deacribed  by  Ap.  Rhod.  Arg.  iL  79:— 
in^an  tips  AffVjka  to<M  ArrifflA  yip^t 


The  raft  thus  constructed  is  compared  as  to 
aire  and  shape  to  the  setting  out  of  the  floor  of 
a  wide  merchant  vessel  in  design  by  a  skilled 
shipwright.  _ 

The  word  ropriarriu  seems  to  imply  th' 
curvature  of  the  lines  of  a  vessel  in  plan  rather 
than  of  those  in  section,  which  wonid  not  be  ^ 
applicable  to  a  raft.  The  breadth  of  the  raft  if 
that  to  which  attention  is  chiefly  (^led,  thoagb 
from  the  eipression  mffAvtrai  we  might 
perhapi  infer  the  rounding  off  of  the  ends  (c£ 
II.  uiiL  255). 


RECEPTA 

The  floor  completed,  the  neit  work  was  the 
raising  of  the  deck  according  to  the  goddess's 
suggestion.  This  was  a  matter  of  some  time 
and  labour,  as  the  imperfect  voici  implies.  First 
of  all,  he  had  to  set  up  his  <rra/Jycf,  many  in 
number  and  pretty  close  together.  The  r^ptrpa 
would  here  come  into  piny  again.  The  ffrofiiytty 
uprights,  would  be  let  into  holes  bored  in  the 
Door  of  the  raft,  and  the  deck  timbers  also 
bored  and  fitted  on  to  the  tops  of  them.  With 
regard  to  the  word  arofilst  there  can  be  hardly 
any  doubt  as  to  its  meaning.  Hesychius  gives 
T&  iwl  rris  ax^^'Hs  opdik  {uAo.  Eustathius,  oi 
ToAoiol,  4^jui}Xffvovrcs  imfi-fiicri  ^6\a,  riis  ffrofuivas 
^diraff  &  tmifUvw  rp6roy  l^^'*^^  wapwriB4fktva 
Tots  hcptois  iKdrtp6t¥  kardvat  alrriL  woiowrip. 

But  they  must  not  be  confused  with  the  ribs 
of  a  ship,  with  which  they  have  nothing  in 
common,  being  straight  and  not  curved.  Com- 
pare tmifUwtoy,  the  upright  sticks  in  wicker- 
work  round  which  the  osier  twigs  were  twined. 
Hence  Aristarchus  interpreted  arafdytt  as 
being  oftBii  (^Xa  oXor  <rHifiwriy  ioucSra. 

Upon  these  uprights  the  deck  timbers  were 
laid  and  fastened.  Inhere  can  be  no  doubt  as  to 
Xttpiu  meaning  *'  deck,  platform."  The  attempt 
to  translate  it  as  "  bulwarks,"  seems  perverse  in 
the  face  of  the  well-known  passage  of  Herod. 
T.  16.  Eustathius  gives  clearly  KardarpwfAa 
ycMs.  After  setting  up  his  platform  or  deck  by 
fitting  these  cross-beams  upon  the  uprights,  he 
finishes  off  and  makes  fast  his  Ixpia  by  long 
gunwales  (imiyKtytOti).  These  laid  lengthwise 
on  either  side  would  prevent  the  timbers  of  the 
deck  from  jumping,  and  would  so  finish  the 
deck  as  such  (rcXtiira).  The  interpretation  of 
the  word  given  in  Etym,  Mag,  rh  M  firiieos  irofw- 
r€Taft4yoy  luucphv  ^iXoy  is  misleading  if  taken 
to  imply  a  planking  alongside  of  the  arofdyts. 
The  ra^  is  open,  and  the  water  would  wash 
freely  through  the  front  and  sides  of  the  stage 
carrying  the  deck. 

The  carpentering  is  concluded  with  the 
&shioning  of  mast  and  yard  and  paddle  for 
steering.  There  still  remained  the  construction 
of  a  bulwark  to  protect  the  sailor  from  the 
wash  of  the  wave.  This  is  effected  by  a  wattle- 
work  of  osiers  set  up  on  the  tepia  as  a  fence 
all  roniKl.  Not  being  very  strong  in  itself,  it  is 
backed  by  piles  of  brushwood  (0Ai}),  which,  bound 
up  in  the  shape  of  fascines  or  faggots,  would  be 
light,  and  at  the  same  time  offer  a  good  resist- 
ance. The  idea  of  *'  ballast "  for  the  raft  seems 
absurd,  and  out  of  place  altogether.       [E.  W.] 

RECEPTA;  DE  RECEPTO  ACTIO. 
The  praetor  declared  that  he  would  allow  an 
action  against  nautae,  i.e.  against  exercitores  or 
shipowners  (Dig.  14,  1,2,4;  see  Exlrcitoria 
Actio),  cauponea  (innkeepers),  and  stabuiarii 
^ivery  stable  keepers),  in  respect  of  any  pro- 
perty which  they  had  taken  under  their  charge 
if  they  did  not  restore  it  (*'quod  cnjusque 
salrnm  fere  receperint,  nisi  restituent ").  At 
first  sight  there  seems  no  reason  for  this  special 
action  on  acconnt  of  the  receiving  of  goods, 
%vhich  is  called  actio  de  recepto,  as  a  person  who 
had  sustained  loss  would  either  have  an  <tctio 
locati  (in  case  a  whole  ship  were  let  for  trans- 
port it  would  be  actio  conducli)y  where  payment 
had  been  agreed  on,  or  an  actio  depoaitiy  where 
the  goods  were  received  without  any  promise 
of  payment;  but  the  reason  was  this,  as  ex- 


REDA 


539 


plained  by  the  jurist  Pomponius  (Dig.  14, 1, 3, 1). 
Under  a  contract  of  letting  and  hiring  (locatiOf 
condtictio}f  the  receiver  was  only  answerable  for 
loss  when  he  was  guilty  of  negligence  {cuipa^ ; 
and  under  a  contract  of  deposit,  only  when  he 
was  guilty  of  dolus  mains ;  but  a  nauta,  caupo, 
or  stabularius  who  received  goods  in  the  course 
of  his  business  was  liable  to  the  actio  dc  recepto 
if  the  thing  were  lost  or  injured,  even  without 
any  negligence  on  his  part,  and  he  was  only 
excused  in  case  of  damnum  fatale,  such  as  ship- 
wreck, piracy,  and  so  forth,  or  in  case  of  negli- 
gence on  the  part  of  the  person  from  whom  he 
had  received  the  property.  The  ground  of  im- 
posing this  special  liability  is  explained  to  be 
that  there  is,  generally  speaking,  a  necessity  of 
entrusting  property  to  the  care  of  the  classes  of 
person  in  question  (Dig.  14, 1,  1).  It  was  pos- 
sible to  exclude  this  liability  bv  special  agree- 
ment between  the  parties.  English  law  follows 
the  example  of  Roman  law  in  making  innkeepers 
and  common  carriers,  on  account  of  the  public 
nature  of  their  employment,  absolutely  respon- 
sible for  the  safety  of  property  which  they  are 
given  the  custody  of,  unless  the  loss  arises  from 
the  negligence  of  the  owner,  or  is  caused  by  via 
major  or  the  act  of  God. 

The  praetor  also  gave  a  penal  action  against 
nautae,  cauponea,  and  atabukurii  on  account  of 
any  property  which  he  had  received,  if  such  loss 
or  damage  was  due  to  the  dishonesty  or  negli- 
gence of  those  in  their  employment,  &c. ;  but  an 
innkeeper  was  not  responsible  in  this  action  for 
delicts  of  a  mere  traveller.  In  this  action  the 
plaintiff  recovered  double  the  value  of  the  pro- 
perty he  had  lost,  whereas  the  object  of  the  ac^ 
de  recepto  was  simply  the  recovery  of  damages. 
This  penal  action  could  not  be  maintained  against 
the  heir"  of  the  nauta,  caupoj  and  atabulariua. 
Both  the  actio  de  recepto  and  the  penal  action 
were  in  factum  conceptae  [ACTIO].  (Dig.  4,  9  ; 
47,  5  ;  Inst.  iv.  5,  3 ;  Arndts,  Pandekten,  §  289 ; 
Windscheid,  Pandekten,  §  384.) 

There  is  a  title  in  the  Digest  (4,  8),  <'De 
Receptis,  qui  arbitrium  receperunt  ut  sententiam 
dicant."  When  parties  who  had  a  matter  to 
litigate,  had  agreed  to  refer  it  to  an  arbitrator, 
which  reference  was  called  compromiaaum,  and 
a  person  had  accepted  the  office  of  arbitrator 
(aHntrium  receperit\  the  praetor  would  compel 
him  to  pronounce  a  sentence,  unless  he  had  some 
legal  excuse.  The  praetor  could  compel  a  pec- 
son  of  any  rank,  as  a  consularis  for  instance,  to 
pronounce  a  sentence  after  taking  upon  him  the 
office  of  arbiter;  but  he  could  not  compel  a 
person  who  held  a  magistratus  or  potestas,  for 
he  had  no  imperium  *  over  them.  The  arbitra- 
tion involved  a  judicial  inquiry  and  award.  It 
was  usual  for  the  parties  to  enter  into  mutual 
pen^L  stipulations  {poena,  pecunia  compronuasa : 
hence  the  term  oompromiaaum),  which  would 
secure  a  right  of  action  for  the  penalty  to  the 
successful  party,  but  effect  might  be  given  to 
an  arbitration  in  certain  other  ways,  so  as  to 
give  a  right  of  action  for  damages.  (Dig.  4,  8  ; 
Windscheid,  Pandehten,  §§  415-417;  Arndts, 
Pandekten,  §  270.)  [G.  L.]    [E.  A.  W.] 

RECI'NIUM.    [RiciNiuM.] 
RECISSO'RIA  A'CTIO.    [Intercessio.] 
RECUPERATO'RES.    [Judex.] 
REIDA,  a  large  carriage  with  four  wheels 
(Isid.  XX.  12 ;  Cod.  Theod.  viii.  5,  8,  where  it  b 


540 


REDEMPTOR 


distinguitbed  from  a  birotd):  used  as  a  trarelling 
carriage  (Cic.  pro  Mil.  10,  28;  20,  54;  ad  Att. 
y.  17 ;  Hor.  Sat,  i.  5,  86,  ii.  6,  42 ;  Heir.  Ciana 
op,  Gell.  xix,  13).  It  is  clear  from  the  above 
passages  that  it  was  tbe  carriage  commonly 
used  by  the  Romans  who  coald  afford  it  fur 
rapid  travelling,  and  that  it  held  several  persons : 
probably  it  had  several  seats  like  a  cAar-a-6anc9 ; 
it  also  carried  luggage  (Jar.  iii.  10;  Mart, 
iii.  47 ;  Cod.  Theod.  /.  c).  Like  the  CoviNOS 
and  EasEDUM,  it  was  of  Gh&llic  origin  (QuintiL 
i.  5,  §  68;  Caes.  B,  G.  i.  51):  bat  it  had  been 
completely  adopted  by  the  Romans  and  possibly 
modified  in  shape.  It  probably  had  a  cover.  It 
was  drawn  by  two  horses  usually  (or  mules, 
Varr.  B,  B.  iii.  17),  bat  sometimes  by  four 
horses  for  greater  speed.  Venantius  Fortunatus 
writes  in  the  6th  century — 

**  Curticali  genus  est,  memorat  quod  Gsllla  redam, 
MoUiter  incedena  orblta  sulcst  humom, 
ExBlllens  dupltd  tyugo  volat  axe  citato, 
Atque  movet  rmpldss  Juncta  quadriga  rotas." 

There  were  also  redae  as  hired  carriages  (redae 
meritoriaej  Suet.  Jul,  57);  and  in  the  later 
Empire  as  government  stage-coaches  (fisooUis 
redOj  Sulp.  Sever.  BkU,  ii.  4):  Cod.  Theod.  /.  c. 
speaks  of  these  as  carrying  1000  Iba.  of  goods. 
Upiredia  were  probably  traces,  though  the 
Schol.  on  Juv.  viii.  66  calls  them  '*omamenta 
redarum."  Quintil.  /.  c  mentions  the  word  as 
a  mixture  of  two  languages,  Greek  and  Gallic ; 
Professor  Mayor  (ad  loc*)  however  remarks  that 
p^Hoj  patJiiow  occur  in  late  Greek  (e.g.  Apoad, 
xviii.  13),  and  this  word  may  of  course  have 
been  compounded  after  it  became  a  Greek 
word  and  the  compound  borrowed  by  the 
Romans.  (Marqnardt,  Privatl.  733;  Becker- 
G911,  GaliuB,  iii.  19;  Baumeister,  Denkm. 
2082.)  [W.  S.]    [G.  E.  M.] 

REDEMPTOR.        [Locatio;      Manoeps; 

PtTBLIOANUS.] 

REDHIBITO'RIA  A'GTIO  was  an  action 
given  by  the  edict  of  the  curule  aediles  to  a 
buyer  against  a  seller  for  rescindiog  a  sale,  when 
the  thing  sold  turned  out  to  be  defective,  the 
seller  not  having  known  of  the  existence  of  the 
defect.  If  the  seller  was  aware  of  the  defect,  or 
if  he  had  warranted  the  thing  to  be  free  from 
defects,  he  was  liable  at  civil  law ;  but  in  case 
the  defect  was  unknown  to  both  parties  at  the 
time  of  the  sale,  and  there  had  been  no  war- 
ranty, there  was  only  a  remedy  under  the  edict* 
of  the  aediles.  *^  Hedhiberef*'  says  (Jlpian, 'Ms 
»o  to  act  that  the  seller  shall  have  back  what  he 
had,  and  because  this  is  done  by  restoration ; 
for  that  reason  it  is  called  redhibition  which 
is  as  much  as  to  say  redditio,"  The  effect  of 
the  redhibitio  was  to  rescind  the  bargain  and 
to  put  both  parties  in  the  same  position  as 
if  the  sale  had  never  taken  place.  The  time 
allowed  for  prosecuting  the  actio  redhibitoria 
was  *'sex  menses  utiles."  The  buyer  had  an 
alternative  remedy  to  the  actio  redhibitoria, 
viz.  the  actio  quanti  minoris,  for  an  explana- 
tion of  which  see  the  article  on  the  subject. 
(Dig.  21, 1 ;  Cod.  4,  58;  Windscheid,  Pandektejiy 
§393.)  [G.  L.]    [E.A.  W.] 

REDIMFCULUM.    [Mitba.] 

RE'GIA  (in  Greek  historians  rh  ^wriK^iov, 
pnyia)y  at  first  the  buildiug  in  which  the  king, 
as  hc»d  of  the  state  religion,  performed  the 


REGIFUGIUM 

functions  belonging  to  it :  after  the  overthrow 
of  the  monarchy,  when  the  continuity  of  the 
king's  religious  functions  was  preserved,  it  sup- 
plied the  offices  of  the  Pontifex  Maximus,  and 
perhaps  also  of  the  Bex  sacrorum  (Mommsen, 
StaaUr,  ii.'  15).  [For  the  apparent  connexion  of 
the  king's  or  chiefs  house  with  the  state  hearth, 
see  Pbytaneum,  p.  5L3  6.]  But,  though  many 
even  of  the  most  recent  writers  have  tboogfat 
otherwise,  there  appear  to  us  strong  reasons  for 
maintaining  that  the  Pontifex  Maximus  and  tbe 
Rex  sacrorum  had  each  his  official  dwclUng-bouie 
elsewhere  in  the  Via  Sacra.  The  Regia  was  said 
to  have  been  built  and  occupied  by  Kuma  (Ov. 
Triat,  iii.  1,  28 ;  F<ut.  vi.  263 ;  Tac  Arvn.  xv.  41) 
[but  the  words  of  Plut.  Num.  14  imply  that  it 
was  never  his  dwelling-house]:  it  wss  partly 
destroyed  by  the  Gauls,  391  ac,  and  again  in 
great  part  burnt  B.C.  210  (Li v.  xxvi.  27).  Julius 
Caesar  as  Pontifex  Maximus  had  his  offices  by 
day  for  religious  functions  in  the  Regis,  and  lire' I 
in  the  house  in  the  Via  Sacra  which  was  assigned 
to  the  Pontifex*  (Suet.  Jut.  48 ;  Pint.  Caa.  10> 
It  is  osoally  said  that,  when  Augustus  became 
Pontifex  Maximus  in  s.a  12,  he  gave  tbe  Regis 
to  the  Vestals  because  it  adjoined  their  house 
{tlUroixos  ^y,  Dio  Cass.  liv.  27) :  but  the  his- 
torian there  speaks  of  the  house  tov  fiaaikim 
tAp  Up&pj  and  we  see  no  reason  for  assuming 
that  he  mistook  the  Pontifex  Maximus  for  the 
Rex  sacrorum :  on  the  contrary  we  have  the 
express  testimony  of  Pliny  (Ep,  iv.  11)  that  tiie 
Pontifex  used  the  Regia  as  an  office  in  the  reign 
of  Trajan.  The  Vestals  pulled  down  mo»t  of  the 
buildings  given  up  to  them,  and  rebuilt  their 
house  on  an  enlarged  scale  upon  the  same  site. 

Besides  the  above-mentioned  use,  the  Kegia 
contained  a  sacrarium  of  Mars,  in  which  vere 
the  sacred  spears  (Gell.  iv.  6)  [but  not  tbe 
ancilia:  see  Salii],  and  a  sacrarium  of  Ops, 
containing  a  Pbaefebiculum  and  Sbcbbpita, 
perhaps  also  of  Janus  and  of  Jupiter  (Varro,  L. 
L,  vi.  21 ;  Marquardt,  Staataverw.  iii.  250).  In 
one  or  other  of  these  sacraria  were  preserved  the 
libri  pontificum  and  the  Calendars.  (For  the 
topography  and  the  construction  of  tbe  Regis, 
see  Middleton,  Borne,  p.  185 ;  Richter  in  Bao- 
nieister,  Denkm,  1465 ;  and  compare  Pontifex, 
Rex  Sacbobux,  Vestaleb.)  [G.  L  M.] 

REGIFU'GIUM,  an  annual  festivsl  at  Rome 
on  the  24th  of  February.  On  this  day  the  KeX 
Saobobum  offered  sacrifice  in  the  Comitium,  sod 


*  Tbe  view  here  expressed  is  mainly  that  folloved  by 
Jordan  {Vopog.  i.  426),  who  remarks  thst  the  Regis  b*i 
tbe  chsracter  of  a/atumi,  not  of  a  dwelling  for  moruU. 
We  may  add  to  his  argaments  tbe  following  coo^ldera- 
tlons :— 1.  A  priori.  It  is  unlikely  tbat  any  part  of  tbe 
Regis  could  be  altogether  given  over  to  tbe  costodrof 
women,  as  was  Oaeear's  boose  for  tbe  ritea  of  Bana 
Dea  (Plut.  Oaei.  10).  S.  Since  *in  all  LaUq  writen  the 
name  Regia  is  always  given  to  the  building  described  in 
ibis  article,  and  in  Plutarch  always  p1ryu^  it  is  rarely 
Impoeaible  that,  when  they  speak  of  tbe  bouse  whic:} 
Caesar  occupied  as  Pontifex  Max.,  tbey  should  nfttr 
mention  It  as  part  of  the  Regia,  if  rach  it  was,  bat  as 
"  domns  PonUflcls  Maxlml "  (ac.  pro  Ikm.  39.  lOi ;  dr 
Barusp.  Reap,  3,  4);  **domtis  publics  "  (Suet.  l.c.)\ 
«'domuB*'  (PliD.  jr.  Jf.  ziz.  ^  23) ;  i|  T«v  THaurvtoK  oUU, 
oucut  tuyi\yi(V\ut,  Cic,  28,  Cbet.  10>  The  ■*  vimun  in 
regia  "  of  dc  ad  AU.  x.  S  we  regard  ss  an  lrooic«I  ti9^ 
of  **  palace  "  for  Caesar's  bouse.  For  tbe  explsnslioo  of 
tbe  passsge  in  DIo  Csss.  siiii.  44,  see  8au(. 


REGILLA 


BEMULCUM 


541 


afl«r  the  sacrifice  hnstily  fled  from   the  spot 
(Plut.  Q.  B.  63;  cf.  Cal,  Praen,  March  24). 
That  this  was  a  symbolical  flight  is  plain  enongh, 
but  of  what  it  was  a  symbol  is  not  so  certain. 
The  convenient  interpretation  of  some  Koman 
writers,  that  it  commemorates  the  expulsion  of 
Tarqnin  (Ov.   Fast.  ii.  685;   Fest.   s.   o.),  we 
Khonld  probably  reject,  as  an  idea  started  by 
the  apparent  meaning  of  the  word.     It  is,  we 
think,  more  correct  to  assume  that  the  ceremony 
is  an   old  one   belonging  to  the  times  of  the 
monarchy,  and  that  the  offering  by  the  Rex 
sacromm  is  one  which  was  originally  made  by 
the  king  himself.     It  is  suggested  by  some,  not 
without  probability,  that  the  offering  was   an 
atonement  and  purification  for  the  city;  that 
the  rictim  receired,  like  a  scapegoat,  the  guilt 
upon  itself;  and  that  the  officiating  minister 
therefore  fled  from  it,  as  from  something  polluted 
(Hartang,  £el.  d,  BOimt,  ii.  35;   Marquardt, 
tStaatstenc,   iii.   324).     If  so,  there  may  be  a 
reason  for  this  sin  offering  near  the  end  of 
February,  as   the  month  of  purification,  and 
perhaps  as  marking  the  close  of  the  most  ancient 
year.      Mr.  Warde  Fowler  has  suggested  that 
we  should  seek  for  the  origin  of  this  custom  in 
the  connexion  of  Mars  with  Apollo  (see  Roscher, 
Lcxio(m)y  and  the  flight  of  Apollo  as  one  guilty 
of    bloodshed    [see    1)aphsephobia  ;    Tbeo- 
phania].      In  two  other  months,  March  and 
May,  the  24th  was  marked  by  an  offering  of 
the  Rex  in   the  Comitium.      These  days  are 
indicated  by  the   letters  Q.  R.  C.  F.  =  quando 
rex  comitiavit  fas  (Varro,  L.  L,  yi.  31 ;  Grid's 
first  conjecture  in  Fast.  v.  727  is  more  correct 
than  his  second).     They  were  probably,  as  Mar- 
quardt says,  the  two  days  for  making  wills  at 
the  Comitia  Calata  under  the  authority  of  the 
king,  the  day  inyolring  nefas  before  the  offering 
and  fas  after  it   (cf.  Gell.  xv.  27 ;  Mommsen, 
Staatsrecht,  ii.>  38;   Testamentch).     It  must 
be  obserred,  howerer,  that  the  name  Regtfu- 
gium   belongs  to  the  24th   of  February  alone. 
(Marquardt,  Staatswrto.  iii.'  323  f. ;  Mommsen, 
Staattrecht,  ii.»  4.)  [L.  S.]    [G.  £.  M.] 

BEOILLA.  [Tela  ;  M atbimoniux.  Vol.  11. 
p.  142  6.] 

RE'GIO.  The  topographical  description  cf 
Rome  and  Italy  does  not  belong  to  this  work, 
and,  for  the  definition  in  that  sense  of  the 
Roman  and  Italian  regions,  reference  may  be 
made  to  the  Dictionary  of  Greek  and  Reman 
Geography y  articles  RoMA  and  Itaua;  also  to 
Middleton,  Romey  pp.  243-246,  and  Richter,  in 
Baumeister's  Denkm,  s.  v.  Rdm.  It  is  only 
nepessary  here  to  point  out  generally  the 
different  meanings  and  purposes  of  regiones. 
The  word  regie  meant  merely  a  district,  or 
laalipoj  of  land,  and  signified  thus  the  territorium 
round  the  Italian  towns  and  subject  to  the 
same  jurisdiction :  ^  regiones  dicimus  intra  quas 
singnlarum  coloniamm  et  mnnidpiorum  magis- 
tratibns  jus  dicendi  ooercendique  est  libera 
potestas"  (Sic.  Place,  p.  135).  The  whole 
rpgio  so  attached  might  comprise  several  pagi. 
[Pagcb,  p.  309.] 

At  Rome  we  hare,  after  the  extension  of  the 
Palatine  city,  four  regions  which  dated  from  a 
period  older  eren  than  the  "Servian"  city, 
since  the  area  is  less  than  that  contained  by  the 
Servian  walls:  its  limits  correspond  with  the 
pomerium  of  republican  times  until  the  age  of 


Sulla  [Pomerium,  p.  444],  and  mark  the  settle- 
ment of  the  four  city  tribes.  For  the  adminis- 
tration in  early  times  of  these  four  regions,  see 
QuiNQUEViRi,  Tribunz  Aerarii,  and  Tribus. 
In  religious  observances  we  may  recognise  these 
ancient  districts  in  the  sacraria  of  the  Aroei 
(Vol.  I.  p.  179).  The  regions  of  Rome  with 
which  we  are  more  often  concerned  in  Latin 
literature  are  those  of  Augustus,  who  did  not 
enlarge  the  pomerium,  but  divided  the  whole 
inhabited  city  within  and  without  the  walls 
into  14  regions,  and  each  region  into  vici  of  a 
varying  number  according  to  its  size  [Yicctb]. 
These  regions  were  each  under  the  immediate 
control  of  a  magistrate  chosen  by  lot  from  the 
praetors,  aediles,  and  tribunes  (Suet.  Aug.  30; 
Dio  Cass.  Iv.  8) :  one  cohors  vigilum  was  assigned 
to  each  two  regions  [ExERCiTUS,  VoL  I.  p.  794  6]. 

Distinct  from  these  are  the  eleven  regions 
into  which  Augustus  divided  Italy  (Plin.  H.  N. 
iii.  §  46),  Rome  forming  in  this  category  the 
12th  region.  These  do  not  seem  to  have  been 
administrative  units,  but  only  intended  for 
convenience  of  denomination.  The  '*regio 
Aemilia,"  in  Mart.  iii.  4,  vi.  85,  is  one  of 
them.  The  regiones  annonariae  and  urbioariae 
were  a  later  division  under  Maximian,  who  in 
A.D.  286,  residing  himself  at  Milan,  made  a  regio 
annonaria  in  the  country  north  of  the  Rubicon, 
which  supplied  his  court,  and  regiones  urbicariae 
or  subwHficariM  to  supply  Rome.  The  disputed 
question  as  to  the  precise  limits  of  these  regions 
is  beyond  our  scope  here:  on  that  point  see 
Marquardt,  Staatsverwalt.  i.  231.      [G.  £.  M.] 

RE'GULA  (ironiy),  the  ruler  used  by  scribes 
for  drawing  right  lines  (Brunck,  Anal,  iii.  69, 87); 
also  the  rule  used  by  carpenters,  masons,  and 
other  artificers,  for  drawing  straight  lines  on 
plane  surfaces,  whereas  the  perpendiculum  or 
crdBfiri  was  used  for  a  vertical  direction 
[Perpendiculum].  (Aristoph.  Ran.  798;  Vi- 
truv.  vu.  3,  §  5;  cf.  Plat.  Phileb.  p.  56  B; 
Aeschin.  c.  Ctes.  §  199;  Plin.  M.  N.  xxxvi. 
§  188.)  That  it  was  marked  with  equal 
divisions,  like  our  carpenters'  rules,  is  manifest 
from  the  representations  of  it  among  the  **  Instru- 
ments fabromm  tignariorum,"  in  the  woodcut 
at  p.  243.  The  substance  with  which  the  lines 
were  made  was  raddle  or  red  ochre  (/ulXrof, 
Brunck,  Anal.  i.  221;  ^ofriiri  Ka»6wiy  Eurip. 
Here.  Fur.  925).  The  linea  (o-xM^of,  tntdproy, 
fAiXruoy,  Anth.  Fal.  vi.  103,  205;  Poll.  x.  186) 
was  a  line  or  cord  for  the  same  purpose,  either 
red  or  chalked  (Cic.  ad  Qu.  Fr.  iii.  1,  2; 
Vitruv.  vii.  3;  Pallad.  iii.  9,  10).  Regula  is 
also  the  thread  of  the  screw  [Ck)CLEA]:  see 
Vitruv.  X.  11,  2 ;  Bliimner,  Technologies  iv.  124. 
For  the  regula  of  a  wine  or  oil  press,  see 
TORCULAR.  [J.  Y.l     [G.  E.  M.] 

REI  UXO'BIAE  or  DOTIS  A'CTIO. 
[DoeJ 

RELATIO.      [SENATU8.] 

RELEGA'TIO.    [Exmuum.] 
REMANCIPA'TIO.    [Emanoipatio.] 
REMULOUM  ipvfia,  pvfiOv\M€7w  rits  ravt),  a 

rope  for  towing  a  ship  (''  Remukum^  funis,  quo 

deligata  navis  magna  ttahitur  vice  remi,"  Isid. 

Orig.  xix.  4,  §  8 ;  '*  Remulco  est,  quum  scaphae 

remis  nans  magna    trahitur,"   Festus,  s.  v.; 

comp.  Caes.   B.   C.  ii.   23,   iii.  40;    Hirt.  B. 

Alex.   11;    Liv.    xxv.    30,   xxxii.    16;    Polyb. 

i.  27,  28,  UL  46).    Looking  to  the  form  of  the 


542 


BEMUBIA 


BEPETUNDAE 


word  PvfjLov\Kuyf  and  the  frequent  use  of  fivfia 
for  the  tow-rope  (Poljb.  i.  26,  14,  &c.),  we  can 
hardly  doubt  that  the  word  remuhum  is  bor- 
rowed from  the  Greek,  and  that  the  connexion 
with  remua  is  false.  The  ships  were  no  doubt 
often  towed  by  boats  with  oars,  but  this  word 
would  be  used  whatever  might  be  the  method 
of  towing.  In  Latin  of  the  beat  age  it  is  found 
only  in  the  ablative.  [W.  S.]    [G.  E.  M.] 

BEMUHIA.    [Lemubia.] 

BEMUS.    [Navis,  Vol.  II.  pp.  212,  215.] 

BEPA'GULA.    [Janua.] 

BEPETUNDAE,  or  PECUNIAE  BE- 
PETUNDAE.  Repetundae  pecuniae  in  its 
widest  sense  was  the  term  used  to  designate  such 
sums  of  money  as  the  socii  of  the  Roman  state 
or  individuals  claimed  to  recover  from  magis- 
tratus,  judices,  or  public  curatores,  which  they 
had  improperly  taken  or  received  in  the  Pro- 
vinciae  or  in  the  Urbs  Roma,  either  in  the  dis- 
charge of  their  jurisdictio,  or  in  their  capacity 
of  judices,  or  in  respect  of  any  other  public 
function.  Hence  the  word  repetundae  came  to 
be  used  to  express  the  illegal  act  of  officials  in 
extorting  or  taking  money  from  those  subject  to 
them,  as  in  the  phrase  *'  repetundarum  insimn- 
lari,  damnari ; "  and  pecumae  meant  not  only 
money,  but  anything  that  had  value.  The  ex- 
pression which  the  Greek  writers  use  for  repe- 
tundae is  ilicTi  Zt&pw  (Plut.  Sulloj  5).  The 
crimen  repetundarum,  then,  is  the  crime  of  official 
corruption  and  oppression,  an  offence  which  be- 
came more  frequent  as  the  Roman  dominion  ex- 
tended, and  was  therefore  made  the  subject  of 
various  penal  enactments. 

It  is  stated  by  Livy  (xlii.  1)  that  before  the 
year  b.c.  173  no  complaints  were  made  by  the 
socii  of  being  put  to  any  cost  or  charge  by  the 
Roman  magistratus.  Subsequently,  when  com- 
plaints of  exactions  came  to  be  made,  an  ad- 
ministrative inquiry  was  instituted  into  this 
offence  by  extraordinary  commissions  of  the  senate, 
as  appears  from  the  case  of  P.  Furius  Philus  and 
M.  Matienus,  who  were  accused  of  this  offence  by 
the  Hispani  (Liv.  xliii.  2).  Regulations  respect- 
ing donations  to  governors  of  provinces  by  their 
subjects  were  prescribed  by  the  Lex  Porcia 
(Liv.  xxxii.  27),  but  the  first  lex  repetundarum 
was  the  Galpumia,  which  was  proposed  and 
carried  by  the  tribunus  plebii,  L.  Culpumius 
Piso  (B.O.  149),  who  was  distinguished  also  as 
an  historical  writer.  The  Lex  Calpumia  estab- 
lished for  the  first  time  a  perpetua  quaestio  to 
try  persons  charged  with  this  offence,  a  special 
praetor  being  appointed  to  conduct  the  trial 
(Cic.  de  Off.  ii.  21,  75 ;  Brut  27,  106).  The  lex 
only  applied  to  provincial  magistrates,  because 
in  the  year  B.C.  141,  according  to  Cicero  (de 
Fin,  ii.  16,  53),  the  like  offeuce  in  a  magistratus 
urbanus  was  the  subject  of  a  quaestio  extra 
ordinem.  It  seems  that  the  penalties  of  the  Lex 
Calpumia  were  merely  pecuniary,  being  re- 
covered by  the  actio  sacramenti,  and  at  least  did 
not  comprise  exsilium,  for  L.  Cornelius  Len- 
tnlus,  who  was  censor  B.C.  147,  had  been  con- 
victed on  a  charge  of  repetundae  in  the  previous 
year.  The  sum  to  be  restored  was  ascertained 
after  conviction  by  the  proceeding  of  litis 
aestimatiOy  or  taking  an  account  of  all  the  sums 
of  money  which  the  convicted  party  had  illegally 
received.  Various  leges  de  repetundis  were 
passed  after  the  Lex  Calpurnia.     The  Lex  Junia 


was  passed  probablv  about  B.a  126,  on  the  pro- 
posal of  M.  Junius  Wnuus,  tribunus  plebis.  We 
have  no  information  respecting  its  contents,  but 
it  may  possibly  be  the  lex  under  which  C.  Calo, 
Proconsul  of  Macedonia,  was  living  in  exile  st 
Tarraco  (Cic.  pro  Balbo,  11,  28 ;  VeU.  Pat.  ii.  8) ; 
for  at  least  exsilium  was  not  a  penalty  imposed 
by  the  Calpumia  Lex.  The  Lex  Servilia  Glands 
was  proposed  and  carried  by  C.  Servilius  Glaucia, 
tribunis  plebis  B.G.  100.  This  lex  applied  to  any 
magistratus  who  had  improperly  taken  or  re- 
ceived money  from  any  private  pers<m ;  but  s 
magistratus  could  not  be  accused  during  his 
year  of  office.  It  perhaps  only  included  pro- 
vincial magistrates,  being  extended  to  urban  by  a 
subsequent  statute  (Cic.  pro  JBabir.  Post  6, 13). 
The  Lex  Servilia  enacted  that  the  praetor  pere- 
grinus  should  annually  appoint  450  judices  for 
the  trial  of  this  offence :  the  judices  were  not 
to  be  senators.  The  penalties  of  the  lex  were 
pecuniary  and  exsilium ;  the  law  allowed  a  com- 
perendinatio  (Cic  in  Verr.  i.  9, 26).  Before  the 
Lex  Servilia  there  was  simple  restitution  of  what 
had  been  wrongfully  taken,  and  also  the  summs 
sacramenti  forfeited  to  the  state :  this  lex  leems 
to  have  raised  the  penalty  to  double  the  amount 
of  what  had  been  wrongfully  taken ;  and  &ab- 
sequentlv  by  the  Lex  Cornelia  it  was  made 
quadruple.  Under  this  lex  were  tried  M.  Agil- 
lius,  P.  Rutilius,  M.  Scaurus,  and  Q.  Metellos 
Numidicus.  The  lex  gave  the  civitu  to  any 
person  on  whose  complaint  a  person  was  con- 
victed of  repetundae  (Cic.  pro  BaUto^  23,  24). 

The  Lex  Acilia,  which  is  of  uncertain  date 
(probably  B.C.  101),  was  proposed  and  carried  br 
W.  Acilius  Glabrio,  a  tribunus  plebis.  It  made 
some  changes  in  the  procedure  of  trials  for  re- 
petundae, enacting  that  there  should  be  neither 
ampliatio  nor  comperendinatio.  It  is  oonjec- 
tuied  that  this  is  the  Lex  Caecilia  mentioned 
by  Valerius  Maximus  (vi.  9,  10),  in  which  pas- 
sage, if  the  conjecture  is  correct,  we  should  read 
Acilia  for  Caecilia  (Cic.  AcL  i.  m  Verr,  17,  50). 
It  is  a  subject  of  dispute  whether  the  Acilia  or 
Servilia  was  first  enacted,  but  it  appears  that 
the  Acilia  took  away  the  comperendioatio  which 
the  Servilia  allowed. 

The  Lex  Cornelia  was  passed  in  the  dictator- 
ship of  Sulla,  B.C.  81,  and  continued  in  force  to 
the  time  of  C.  Julius  Caesar.  It  extended  the 
penalties  of  repetundae  to  other  illegal  acts 
committed  in  the  provinces,  and  to  judices  who 
received  bribes,  to  persons  abetting  the  crime 
into  whose  hands  the  money  came  {qvo  ea 
pecuniapervenerit,  Cic.  pro  Bab,  Post  4, 7)^  *b^  ^ 
those  who  did  not  give  into  the  Aorariura  their 

?roconsular  accounts  (proconsulares  roiioMs). 
he  praetor  who  presided  over  this  quaestio 
chose  the  judges  by  lot  from  the  aenatois,  whence 
it  appears  that  the  Lex  Servilia  was  repealed  by 
this  lex,  at  least  so  far  as  related  to  the  con- 
stitution of  the  court.  This  lex  also  allowed 
ampliatio  and  comperendinatio.  The  penalties 
were  pecuniary  (litis  aestimatio\  and  the  form 
of  banishment  called  aquae  et  ignis  interdktio. 
Under  this  lex  were  tried  L.  Dolabells,  On. 
Piso,  C.  Verres,  C.  Macer,  M.  Fonteius,  and  L 
Flaccus,  of  whom  the  last  two  were  defended  bv 
Cicero.  In  the  Verrine  Orations  Cicero  com- 
plains of  the  comperendinatio  or  double  hearing 
of  the  cause,  which  the  Lex  Cornelia  allowed, 
and  refers  to  the  practice  under  the  Lex  AcUia, 


RESTITUTIO  IN  INTEGRUM 


RESTITUTIO  IN  INTEGRUM    543 


according  to  which  the  case  for  the  prosecution, 
the  defence,  and  the  evidence  were  only  heard 
once,  and  so  the  matter  was  decided  (in  Verr, 
I,  9).  The  last  Lex  de  repetundis  was  the  Lex 
Julia  passed  in  the  first  consulship  of  C.  Julins 
Caesar,  ac.  59  (Cic  in  Vat  12).  This  lex  con- 
sisted of  numerous  heads  (oopito),  which  hare 
been  collected  by  Sigonius  (Cic.  ad  Fam,  viii.  8). 
It  repealed  the  penalty  of  exsilium,  but,  in  addi- 
tion to  the  litis  aestimaHa,  it  enacted  that  persons 
convicted  under  it  should  lose  their  rank,  and 
be  disqualified  from  being  witnesses,  judices,  or 
senators.  This  is  the  lex  which  was  commented 
on  by  the  jurists,  whcMe  expositions  are  pre- 
served in  the  Digest  (48, 11)  and  in  the  Code 
(9,  27).  The  Lex  Julia  was  an  act  embodying 
provisions  that  existed  in  previous  laws,  as,  for 
instance,  that  by  which  the  money  that  had 
been  improperly  retained  could  be  recovered 
from  those  into  whose  hands  it  could  be  traced. 
It  contains  provisions  prohibiting  governors  of 
provinces  from  contracting  debts  and  entering 
into  other  legal  transactions  within  their  pro- 
vindae,  with  which  Mr.  Justice  Stephen  com- 
pares (Hist,  of  (}riminal  Law,  i.  p.  22,  lat  ed.) 
the  rules  prevailing  in  India,  which  prevent 
civilians  from  holding  land  in  their -own  districts 
and  from  receiving  presents. 

The  Lex  Julia  had  been  passed  when  Cicero 
made  his  oration  against  Puo,  B.C.  55  (^  Pis. 
21,  50).  A  Gabinius  was  convicted  undlsr  this 
lex.  Many  of  its  provisions  may  be  collected 
from  the  oration  of  Cicero  against  Piso.  Cicero 
boasts  that  in  his  proconsulship  of  Cilicia  there 
was  no  cost  caused  to  the  people  by  himself^  his 
legati,  quaestor,  or  anyone  else;  he  did  not 
even  demand  from  the  people  what  the  Lex 
(Julia)  allowed  him. 

Under  the  Empire  the  offence  was  punishable 
with  exile  (Tac.  Ann.  xiv.  28,  and  the  note  of 
Lipeios).  It  was  treated  under  the  Antonines  as 
a  crimen  extraordinarium,  except  in  very  grave 
offences,  when  it  was  punished  with  death. 
(Walter,  Osschichtt  d.  rCm,  BechU,  ii.  §  814 ; 
Kndorff,  GeKhichte  d.  r6m.  Beckts,  ii.  §  120; 
Kein,  Criminairtcht,  604,  &c ;  Geib,  ii.  40-42 ; 
Zumpt,  de  legg.  juiHcOsque  repetundarvm  in  re- 
jnMica  Bomana.) .  [G.  L.]    [E.  A.  W.] 

REPOTIA.  [Matrimonium,  VoL  II.  p. 
144  6.] 

REtUDIUM.    LDivORTiuM.] 

RES.    [DoMuriUM.] 

RE8CRIPTUM.    fCoJwrrrunoinBB.] 

RESTrrUTIO  EN  I'NTEGRUM  signifies 
the  rescinding  of  an  act  by  the  magistratus  in 
order  to  prevent  the  legal  consequences  which 
ordinarily  attach  to  such  act  from  taking  effect, 
the  parties  affected  by  it  being  restored  to  the 
same  position  which  they  occupied  before  it 
took  place.  Such  restitution  is  founded  on  the 
edict  and  given  by  the  magistratus  on  grounds 
of  equity  in  cases  of  contractual  and  other  re- 
lationa,  which  are  not  in  their  nature  or  form 
invalid :  for  if  they  are  such  as  not  to  be  valid 
according  to  the  Jus  Civile,  this  restitutio  is  not 
Deeded.  The  in  integrum  restitutio  is  an  extra- 
ordinary remedy  (extraordinarium  auxilium), 
available  in  cases  of  conflict  between  strict  law 
and  equity  (jus  striatum,  aequitas),  which  are 
determined  by  the  magistratus  in  accordance 
with  the  principles  of  the  latter  through  his  im- 
perium  as  distinguished  from  his  JuBiSDicno. 


In  order  to  entitle  a  person  to  the  restitutio, 
he  must  have  sustained  some  injury  in  conse- 
quence of  the  contract  or  act  in  question,  and 
not  through  accident  or  any  fault  of  his  own ; 
except  in  the  case  of  one  who  is  minor  xzv 
anaorum,  who  was  protected  by  the  restitutio 
against  the  consequences  of  his  own  carelessness. 
The  injury  also  must,  as  a  rule,  be  one  for  which 
the  injured  party  has  no  other  remedy.  Further 
it  was  necessary  that  there  should  be  som» 
ground  of  restitution  (justa  causa)  recognised 
by  the  equity  of  the  magistratus,  though  not  by 
strict  law.  The  grounds  of  restitutio  were 
those  expressed  in  the  praetor's  edict,  in  the 
case  of  restitutio  against  a  positive  act,  such  as 
entering  into  a  contract,  or  any  which  appeared 
to  the  praetor  good  and  sufficient,  in  the  case  of 
restitutio  as  a  remedy  against  the  consequences 
of  omissions :  '*  item  si  qua  alia  mihi  justa  causa 
esse  videbitur  in  integrum  restituam  quod  ejus 
per  Leges,  Plebiscita,  Senatusconsulta,  Edicts^ 
Decreta  Principum  lioebit  "  (Dig.  4,  6,  1). 

The  following  are  the  chief  grounds  on  ac- 
count of  which  a  restitutio  might  be  decreed  : — 
Vis  et  nuetus  (Dig.  4,  2  ;  Cod.  2,  20).  If  a  man 
were  induced  to  enter  into  a  legal  transaction  or 
act  through  duress,  the  proceeding  was  not  for 
that  reason  invalid,  since  his  assent  was  not 
considered  to  be  wanting  (Dig.  4,  2,  21,  §  5), 
and  his  motives  for  assenting  were  in  strict  law 
immaterial ;  but  it  was  coni^  bonos  mores  to 
allow  such  an  act  to  have  legal  effect,  and  so  it 
having  been  done  under  the  influence  of  force  or 
reasonable  fear  (*'  metum  non  vani  hominis,  sed 
qui  merito  et  in  hominem  constantissimum 
cadat")  an  in  integrum  restitutio  was  allowed* 
An  alternative  and  generally  preferable  remedy 
to  thb  mode  of  restitution  was  after  a  time 
established  by  the  praetor  in  the  actio  quod 
metus  causa,  by  which  restitution  or  a  fourfold 
penalty  could  be  obtained  against  the  party  who 
was  the  wrongdoer,  and  also  against  an  innocent 
person  who  was  in  possession  of  anything  which 
had  been  got  from  him,  and  also  against  the 
heredes  of  the  wrongdoer  in  so  far  as  they  were 
enriched  by  the  wrong  (quantum  ad  eos  pervenit). 
If  a  person  was  sued  in  respect  of  a  transaction 
which  he  had  entered  into  under  duress,  he  was 
allowed  to  defend  himself  by  an  exoeptio  quod 
metus  causa.  The  actio  quod  metus  was  first 
given  by  the  Praetor  L  Octavius,  a  contem- 
porary of  Cicero  (formula  Octaviana,  Cic.  in 
Verr.  iii.  66). 

The  case  of  dolus  (Paul.  1,  8 ;  Dig.  4,  3 ;  Cod. 
2,  21).  When  a  man  was  induced  to  enter  into 
a  legal  transaction  by  the  fraud  of  the  other 
contracting  pai*ty,  he  was  bound  according  to 
jus  strictum,  but  was  entitled  to  an  in  int^rum 
restitutio.  Redress  could  also  be  obtained  bv 
means  of  the  actio  de  dolo  malo  or  doli  against 
the  gailty  person  and  his  heredes,  so  far  as  they 
were  made  richer  by  the  fraud,  for  restitution  or 
damages.  Against  a  third  party  who  was  in 
boni-fide  possession  of  the  thing  obtained  by 
dolus,  he  had  no  action.  If  he  was  sued  in 
respect  of  the  transaction,  he  could  defend  him- 
self by  the  exoeptio  doli  mali.  As  the  actio  doli 
entailed  infamia,  it  could  only  be  brought  in 
case  the  injured  party  had  no  other  actio,  and 
even  the  extraordinary  remedy  of  m  integrum 
restitutio  would  frequently  be  given  by  the 
praetor  in  preference  to  it.    The  actio  doli  was 


644    RESTITUTIO  IN  INTEGRUM 


RESTITUTIO  IN  INTEGRUM 


instituted  by  C.  Aqailius  Gallus  in  688  A.U.C., 
when  he  was  praetor  (Cic  de  Off,  iii.  14,  60 ; 
de  Natwra  Deor,  iii.  30,  74). 

The  case  of  vninorez  zxy  annorum  (Paul.  1,  9  ; 
Dig.  4, 4;  Cod.  2,  22).  A  person  above  the  age 
of  puberty  could  bind  himself  by  a  legal  act, 
but  the  Lex  Plaetoria  imposed  a  penalty  «on 
account  of  the  overreaching  and  circumventing 
persons  below  the  age  of  twenty-five,  and  sub- 
sequently the  praetor  promised  in  his  edict  to 
give  th  integrum  restUutio  to  such  persons,  when 
the  circumstances  of  the  case  seemed  to  him  to 
require  this  remedy.  In  order  to  obtain  resti- 
tutio it  was  not  necessary  for  the  minor  to  show 
that  he  had  been  defrauded ;  it  was  sufficient 
that  an  improper  advantage  had  been  taken  of 
his  inexperience.  A  minor  was  not  prevented 
from  claiming  an  integrum  restitutio  by  the  fact 
that  his  curator  had  assented  to  the  transaction 
fn  question.  A  legal  transaction  which  a  pupil- 
lus  had  entered  into,  to  which  the  auctoritas  of 
his  tutor  had  been  given,  could  also  be  rescinded 
in  this  way  on  sufficient  ground  being  shown. 
If  the  auctoritas  of  the  tutor  had  not  been 
given,  and  the  act  of  the  pupillus  was  one  which 
required  it,  no  restitutio  was  necessary,  since  the 
act  would  not  be  legally  binding. 

There  were  cases  in  which  minores  could 
claim  no  restitutio :  for  instance,  when  a  minor 
with  fraudulent  design  gave  himself  out  to  be 
major  vigintique  annt's ;  or  when  he  confirmed 
the  transaction,  and  in  other  cases.  The  benefit 
of  this  restitutio  belonged  to  the  heredes  of  the 
minor.  The  claim  to  it  could  only  be  made,  as 
a  general  rule,  against  the  person  who  had 
circumvented  the  minor  and  his  heredes.  The 
time  for  making  it  was  limited.  The  praetor 
also  gave  restitutio  to  municipal  corporutions  on 
account  of  the  injurious  acts  of  their  representa- 
tives (Dig.  49,  1,  29  ;— Cod.  2,  54,  4 ;  1,  60,  1 ; 
11,  29,  3). 

The  case  of  capitis  deminutio  through  arro- 
gatio  [Adofho]  or  in  manwn  oonventio  [Matri- 
JCONIUX],  which  according  to  the  Jus  Civile 
was  followed  by  the  extinction  of  all  the  debts 
of  the  person  arrogated  or  brought  into  the 
power  of  her  husband.  On  account  of  the  in- 
justice to  creditors  thus  occasioned  the  praetor 
restored  them  to  their  former  rights,  giving 
them  actionesfictitiae  or  in  factum  (Gaius,  iii.  83 ; 
iv.  38). 

The  case  of  absentia  (Dig.  4,  6 ;  Cod.  2,  54). 
Owing  to  the  shortness  of  the  time  of  acquiring 
property  by  usucapion,  and  to  the  fact  that  the 
right  of  bringing  many  praetorian  actions  was 
limited  to  a  year,  it  must  frequently  have  hap- 
pened that  rights  were  lost  owing  to  a  person's 
absence  or  to  some  other  cause,  which  entitled 
to  relief.  In  such  cases  the  praetor  gave  in 
integrum  restitutio^  If  sufficient  cause  was  shown. 
Absence  of  the  plaintiff  on  account  of  metus  or 
on  state  service  (reipMioae  causa),  or  his  im- 
prisonment {in  vinculi8%  or  his  capture  by  the 
enemy  (in  hostium  potestate\  and  also  absence  of 
the  defendant,  arc  the  chief  causes  mentioned  in 
the  edict ;  but  there  are  others  referred  to,  as 
loss  of  action  owing  to  delay  in  appeal  from  one 
magistratus  to  another,  or  by  refusal  of  an 
action  within  the  time  prescribed,  and  also 
causes  not  specified  in  the  edict,  which  seemed 
to  the  praetor  sufficient.  If  the  absence  or  delay 
of  the  plaintiff  was  avoidable,  or  if  his  action 


could  have  been  maintained  by  a  procurator  on 
his  behalf,  and  he  was  blamable  for  not  having 
appointed  one,  he  could  not  claim  restitutio. 

The  doubtful  case  of  alienatio  judidi  ntutawU 
causa  facta  (Dig.  4,  7 ;  Cod.  2,  55),  which  «)ccars 
when  a  man  alienates  a  thing  for  the  purpose  of 
injuring  a  claimant  by  substituting  for  liimself 
another  against  whom  the  plaintiff  cannot  so 
easily  prosecute  his  right.  Though  the  alienor 
has  here  only  made  use  of  his  legal  right,  th« 
praetor  perhaps  at  one  time  granted  restitutio, 
if  the  exercise  of  such  right  operates  unfairly  on 
the  plaintiff;  though  this  may  be  questiooed 
(Windscheid,  Pandekteny  1,  §  116,  n.  2),  he  cer- 
tainly gave  an  actio  in  factum  for  damages  in 
such  case.  The  rule  that  a  vindicatio  would  lie 
against  a  person  who  had  fraudulently  parted 
with  possession  of  the  thing  claimed,  on  the 
fiction  that  he  was  still  in  possession,  had  a 
similar  object  with  this  actio.  If  a  man 
assigned  a  claim  or  right  with  the  view  of  in- 
juring his  adversary  by  giving  him  a  harder 
claimant  to  deal  with,  the  adversary  could 
meet  the  assignee,  when  he  sued,  with  an 
exceptio  judicH  mutandi  causa. 

The  case  of  alienation  by  an  insolvent  {nm 
sdvendo)  to  the  injury  of  creditors  (Inst.  ir.  6, 
6),  though  some  writers  would  bring  this  esse 
under  the  head  o{  restitutio  on  the  ground  of  fraud 
(Schrater, /.  c.  131-142;  Vangerow,  1,  §  177). 
The  praetor  gave  an  action  called  Pauliana 
against  alienees,  by  which  the  creditors  destroyed 
the  effect  of  an  illegal  alienation.  The  crediton 
were  also  entitled  to  an  Interdictum  Fraada- 
torium  in  order  to  get  possession  of  the  thin^ 
that  had  been  fraudulently  aliened  (Dig.  36,  h 
67 ;  42,  8). 

The  case  of  error  or  mistake.  A  person  who 
had  bound  himself  by  a  legal  act  might  some- 
times obtain  restitutio  in  respect  of  it  on  the 
ground  of  mistake.  Restitutio  was  principallr 
given  on  account  of  mistakes  in  procedure. 
Gaius  (iv.  57 ;  cf.  Suet.  Oaud,  14)  gives  an  ei- 
ample,  when  he  says  that  if  too  large  an  amount 
was  inserted  in  the  oondemnatio  of  the  formula, 
the  matter  is  set  right  by  the  praetor,  or,  in  other 
words,  ^  reus  in  integrum  restituitur  " ;  but  if 
too  little  was  inserted,  the  praetor  wonld  not 
make  any  alteration;  **for,^  he  adds,  "the 
praetor  more  readily  relieves  a  defendant  than 
a  plaintiff." 

It  b  thought  by  some  writers  that  restitutio 
was  sometimes  given  in  order  to  avoid  the  effect 
of  the  SO.  Yellelanum,  but  there  is  not  suffirient 
evidence  for  this  view.     (Vangerow,  1,  §  177.) 

The  application  for  a  restitutio  could  onk  be 
made  to  a  magistratus  with  imperiuro,  who  held 
an  inquiry  into  the  case  (ootua  cognitio^  snd 
decided  the  matter  by  his  decree  (decretum  sen- 
tentia).  Thus  the  proceeding  did  not  belong  to 
his  ordinary  jurisdiction  (cog^io  ordinaria),  but 
to  his  extraxfrdinaria  oogniHo,  by  which  he  de- 
cided certain  cases  himself  without  a  jndiciuro. 
Restitutio  could  be  sought  by  the  person  injnredj 
and  by  his  singular  or  universal  suceessors,  snd 
it  could  be  maintained  against  anyone  who  had 
immediately  benefited  by  the  act  which  had 
injured  the  plaintiff,  and  against  his  heres  or 
universal  successor.  It  could  only  be  nis»- 
tained  against  a  third  person  to  whom  the  right 
had  been  assigned.  If  he  had  notice  of  the  gro«M 
for  restitutio  at  the  time  when  he  acquired  bis 


BESTITUTORIA  ACTIO 

inttrcftt,  and  in  certain  other  cases  where  great  | 
injury  would  result  to  the  plaintiff  if  he  were 
not  allowed  this  remedy. 

When  a  restitutio  was  decreed,  each  party 
restored  to  the  other  what  he  had  reoeiTed  from 
hiro,  with  all  its  accessions  and  mesne  profits, 
except  in  so  far  as  the  mesne  profits  on  one  side 
might  be  set  off  against  the  interest  of  money  to 
be  returned  on  the  other  side.  If  the  object  of 
the  restitutio  was  a  right,  the  injured  party 
was  restored  to  his  right ;  or  if  h^  had  incurred 
a  duty,  he  was  released  from  the  duty.  When 
restitutio  consisted  in  the  recovery  of  a  right,  a 
judicium  might  be  granted  at  the  same  time  as 
the  decree,  which  is  called  judicium  reaciasorium 
or  actio  restitvtoria^  but  the  decree  itself  was 
always  the  act  of  the  magistratus.  The  appli- 
cation for  restitutio  must  as  a  general  rule  be 
made  within  four  years  (quadricnnium  coniinvtum) 
of  the  time  of  the  injury  being  dincoyered,  and  of 
the  party  being  capable  of  bringing  his  action ; 
in  the  case  of  minores,  the  four  years  were 
reckoned  from  the  time  of  their  attidning  their 
majority.  According  to  the  law  of  the  classical 
j  uri»ts,  the  application  had  to  be  made  within  an 
annus  utilis. 

In  the  imperial  times  the  term  restitutio  was 
also  applied  to  the  remission  of  a  punishment 
(Tac.  Ann,  xir.  12 ;  Plin.  Ep,  x.  64,  65 ;  Dig.  48, 
19,  27),  which  could  only  be  done  by  imperial 
grace.  (Paul.  1,  7,  8,  9 ;  Cod.  Gregor.  it  1-4 ; 
Dig.  4,  1 :  Cod.  2,  20-^3 ;  Burchardi,  Dm  Lehre 
nm,  der  Wiedereinaetxung,  &c;  SchrOter,  Ueber 
Wewen  vmi  Umfang  der  Jn  Integrum  JUititutio  in 
XcUachr.  fur  Civ,  und  Pr,  1R83,  vi.  3 ;  Schneider, 
Die  aUgemeiner  aubsidiSren  Kiagen,  kc, ;  Sarigny, 
iS'ys/em,  Tii.  §§  317-343 ;  Vangerow,  Pan^kkten, 

1,  §S  175-188;  Windscheid,  PofidriU^rit,  1,  §  114, 

lie)     ro.  L.i    [E.  A.  W.] 

RESTTTUTOTtlA  ACTIO.  [Iktebcessio.] 
RETE;  cKm.  K£TI'CULUM(drirrvor),anet. 
Nets  were  made  most  commonly  of  flax  from 
Egypt,  Colchis,  Spain,  and  some  other  places 
(Poll.  T.  26;  Artem.  Oneir,  iii.  56;  Plin.  H,  N. 
xix.  §  10).  Occasionally  they  were  of  hemp 
(Varro,  B.  It.  iii.  5;  Plin.  xix.  §  174): 
sometitnes  also  of  oird^ot  or  broom  (Xen. 
Cyn.  9,  13);  and  of  fibres  of  palm  leares 
(Theophr.  ir.  2,  7).  They  are  sometimes  called 
lina  (Aira)  on  account  of  the  material  of  which 
they  consisted  (Horn.  //.  v.  487 ;  Bninck,  Anal, 
ii.  494,  495).  The  meshes  (maculae^  Orid,  ffer. 
V.  19;  Cic  Verr,  v.  11,  27;  Varro,  J?.  JR,  iii. 
11 ;  Xemesianus,  Cyneg,  302 ;  fipixoi,  Xen.  Cyn. 

2,  5;  Eur.  //.  F,  729)  were  great  or  small 
according  to  the  purposes  intended ;  and  these 
purposes  were  Tery  various.  But  by  far  the 
most  important  application  of  net- work  was  to 
the  three  kindred  arts  of  fowling,  hunting,  and 
ii&hing :  and  besides  the  general  terms  used 
alike  in  reference  to  all  these  employments, 
there  are  special  terms  to  be  explained  under 
each  of  these  heads. 

I.  In  fowling  the  use  of  nets  was  one  among 
many  methods  (Aristoph.  Av,  528);  thrushes 
were  caught  in  them  (Hor.  Epod,  ii.  33,  34); 
and  doves  or  pigeons  with  their  limbs  tied  up  or 
fastened  to  the  ground,  or  with  their  eyes 
coTered  or  put  out,  were  confined  in  a  net,  in 
order  that  they  might  allure  others  into 
the  snare  (Aristoph.  At,  1083).  The  ancient 
I^yptians,  as  we  learn  from  the  piiintings  in 
▼ou  II. 


BETE 


545 


their  tombs,  caught  birds  in  clap-nets  (Wil- 
kinson, Man,  and  Cuat,  vol.  iii.  pp.  35-38,  45). 
[AUCEPS.] 

II.  In  hunting  it  was  usual  to  extend  nets  in 
a  curved  line  of  considerable  length,  so  as 
in  part  to  surround  a  space  into  which  the 
beasts  of  chase,  such  as  the  hare,  the  boar,  the 
deer,  the  Hon,  and  the  bear,  were  driven  through 
the  opening  left  on  one  side  (Aelian,  K  A. 
xii.  46 ;  Tibullus,  iv.  3,  6  sqr. ;  Plin.  If,  N,  xix. 
§  10).  This  range  of  nets,  which  was  called 
indagoj  was  flanked  by  cords,  to  which  feathers 
dyed  scarlet  and  of  other  bright  coloun  were 
tied,  so  as  to  flare  and  flutter  in  the  wind.  The 
hunters  then  sallied  forth  with  their  dogs, 
dislodged  the  animals  from  their  coverts,  and  by 
shouts  and  barking  drove  them  first  within  the 
formido,  as  the  apparatus  of  string  and  feathers 
was  called,  and  then,  as  they  were  scared  with 
this  appearance,  within  the  circuit  of  the  net». 
Descriptions  of  this  scene  are  given  in  some  of 
the  following  passages,  all  of  which  allude  to 
the  spacious  enclosure  of  net-work: — Verg. 
Oeorg,  iii.  372  ay.,  Aen,  iv.  121,  151-159, 
X.  707-715;  Ovid,  Her.  iv.  41,  42;  Lucan, 
iv.  435  aq, ;  Oppian,  Cyn,  iv.  120-123 ;  Eurip. 
Bacchaef  866-^76.  The  accompanying  wood- 
cuts are  taken  from  two  bas-relief  in  the 
collection  of  ancient  marbles  at  Ince-Blundeli 
in  Lancashire.    In  the  uppermost  figure  three 


Ssrvants  csrrying  net.    (From  ancient  relief.) 

servants  with  staves  carry  on  their  shoulders  a 
large  net,  which  is  intended  to  be  set  up  aa 
already  described  (Tibullus,  i.  4,  49,  50; 
Sen.  Bippoi.  i.  1,  44 ;  Propert.  v.  2,  33).  The 
foremost  servant  holds  by  a  leash  a  dog,  which 
is  eager  to  pursue  the  game.  In  the  middle 
figure  the  net  is  set  up.    At  each  end  of  it 


Indsgob 

stands  a  watchman  holding  a  staff  (Oppian, 
Cyneg,  iv.  124).  Being  intended  to  take  such 
large  quadrupeds  as  boars  and  deer  (which  are 
seen  within  it),  the  meshes  are  very  wide  (retia 
rara,  Verg.  Aen.  iv.  131 ;  Hor.  Epod,  ii.  33). 
The  net  is  supported  by  forked  stakes  (ordAiiccs, 
Oppian,  Cyneg.  iv.  67,  kc ;  Pollux,  v.  31 ; 
amitea,  Hor.  Epod.  ii.  S3;  anconeaj  Gratius, 
Cyneg,  87  ;  vari,  Lucan,  iv.  439).  To  dispose 
the  nets  in  this  manner  was  called  retia  ponere 
(Verg.  Oeorg.  i.  307),  or  retia  iendere  (Ovid,  Art, 
Amc^,  i.  45).  Comparing  it  with  the  stature  of 
the  attendants,  we  perceive  the  net  to  be 
between  five  and  six  feet  high.  For  deer  they 
should  be  somewhat  higher.  The  upper  border 
of  the  net  consists  of  a  strong  rope,  which  was 
called  tropin  (Xen.  Cyn.  6,  9).  This  ffaftiitr 
in  some  nets  had  loops  (irrp6il>ia)  or  rings 
(jcplicoi)  which  attached  it  to  the  w^piipofios  or 

2  N 


546 


BETE 


Mtptiai  (cr.  Plin.  J7.  If.  lii.  S  IIX  •>.  tbi 

dnwing  cord,  which  wm  itielf  inpported  on  the 
forked  stskea  (Follui,  v.  26-31).  Tlw  Rgmtt 
in  the  foUoviiig  woodcut  reprcHtit  two  men 
carrying  tlie  net  home  after  the  chue;  the 
>take>  far  lupportlng  it,  two  of  nbich  thtf  bold 


1   thsir 


:   the 


eipretaed  by  the  termi  fur  them  tlresdj-  quoted, 
anamet  and  vari,  and  tUcpei  in  Foltoi. 

Beiidea  the  aeti  uard  to  eDClote  voodl  lod 
corerti  or  other  large  tract*  of  coontrj,  two 
additional  kind*  are  mentiooed  bj  thoie  anthori 


bnnting.  All  the  ttre*  are 
id  together  by  XeDOphan  {Siimia,  iriSia, 
tipKiMi,  ii.  i),  and  by  Netneuaniu  (Cynm. 
2Sa,  300), 

The  two  additional  kindi  were  placed  at  in- 
terrala  in  the  ume  circait  witA  the  large 
hontine-net  or  have.  The  road-net  (jitaga, 
iriSiar)  wai  much  len  than  the  others,  nod  wu 
placed  acroM  roadi  and  narrow  openingi  between 
bnihes  (Poll.  J.  c).  The  pane-  or  tannel-net 
icattii,  Ipaui)  wa>  made  with  a  poach  (ntfi- 
^c\n,  Xen.  de  Venal,  ri.  T),  Intended  to  rectire 
the  nnlnul  when  chued  lowardi  the  eitremity 
of  the  enclosnre.  Within  thii  ponch  were 
placed  branchee  of  treea,  to  keep  it  expanded 
and  to  decoy  the  animala  by  making  it  inTiiible. 

lU.  Fishing-neU  (iXitvraii  sltTua,  mod. 
iTii.  43)  wen  of  >ii  direraut  klndi,  which  are 
enumerated   by   Opplan    {Hal.   iii.   80-82)   at 


Of  theie  by  far  the  most  common  were  the 
&li^l0yitrrpti',  or  outing-set  {fuada,  jaculam), 
and  the  arjiiryi,  i.e.  the  drag-net,  or  eenn 
(traipm,  bid.  Orig.  lii.  5;  (rnju/a,  Plin.  E.  N. 
xvi.  S  34;  verricvliaa  or  roemcu/tuo,  Ulp.  Dig. 
47,  10,  13,  §  7;  cf.  Cic  Verr.  ii.  14,  24). 
Costeqnently  thew  two  are  the  only  kiodi  meo- 
tlooed  by  Virgil  in  Georg.  1.  141,  142,  and  by 
Ovid  In  AH.  Amat.  i.  T63,  764.  Of  the  ica- 
\ililia  we  find  nowhere  any  farther  mention. 
We  have  jio  diitinct  infomiatlon  about  the  form 
of  the  YfM^i,  but  it  uems  that  it  wai  made  of 
rush-work,  and  therefore  probably  wai  lome- 
timei  a  fiahingH^reel,  but,  when  clawed  wilh 
neti,  «a>  a  eort  of  eel-pot  or  loUter-pot  =  the 
^■irxofiwr  AaA^pu^u  ofTheoRr.  iiii.  11.  It  ii 
ttiy  to  connect  the  aenie  of  riddle  in  yfi^t 
with  the  intricncie*  of  the  eel-pot  (cf.  Poll.-Ti. 
](JT),and  it  may  be  conjedared  that  tcirpw  and 
Kirpicidm*  correepond  to  all  three  meaainga  o( 
•nTi^t  (ef.  Plaut.  Capt.  iv.  %  36 ;  Cell.  lii.  B). 
We  know  no  more  of  the  fiyyv^iof  (Heeych. 
t.  E.  i  Aeschyl.  Agaa.  353) :  but  trom  the  fact 


REX 

that  the  word  wai  al»  oied  for  the  omentxim  of 
the  htiman  body,  it  may  be  ennnlsed  that  ii 
was  a  circnlar  net.  The  itaxh  was  a  landiDj;- 
net,  made  with  a  hoop  (jtitXai)  faatcaed  to  a  pole 
(Oppiaa,  ifo/.  iv.  251).  That  k^ifiXn^Tfo, 
denoted  a  caiting-net  may  b*  concluded  both 
from  ita  etymology  and  from  the  circunutincei 
ID  which  it  u  mentioned  by  Tarioui  inthon 
(Heaiod,  Scvt.  Ben.  213-215;  Herod,  i.  141; 
Is.  III.  8;  Bab.  i,  15-17,  LXX.  and  Volnte 
Tendoai ;  St.  Uatt.  ir.  18  ;  St.  Hark  i.  16). 

The  EnKlish  tenn  snin  (which  is  also  in  the 
sooth  of  England  prouoanccd  and  spelt  ttiitr,  as 
in  French;  cf.  Uttr*,  :  r.)  has  been  brooghl 
into  onr  language  by  a  corruption  of  the  Greek 
aaflirTi  through  the  Vulgate  Bible  (so^nvi. 
Eiek.  ixri.  5,  14,  ilrii.  10 ;  St.  Matt  liil.  47, 
48;  St.  John  iii.  6-11).  Tbit  net,  which,  u 
now  used  both  by  the  Arabians  and  by  oar  own 
flihermen  in  Cornwall,  it  eometimea  half  a  mile 
long,  waa  probobly  of  equal  dimennoiu  amDDii 
the  ancients,  for  they  speak  of  it  as  nearli 
taking  in  the  eompasi  of  a  whole  bay  (Horn.  06. 
~"  384-387 ;  Alciphron,  i.  IT,  18).  This 
natanct  well  illustrates  the  application  of 
the  term  to  describe  the  besieging  of  a  city:  te 
sweep  a  country  of  its  popiHatioa  by  an  nn- 
intermpted  line  of  soldien  waa  called  mtyir 
'ni»  (HeMd.  iii.  145,  Ti  31;'  Plato,  Lrsg. 
nbfin.).  The  use  of  corks  (^AAof,  aorticra 
luberini,  Sidon.  Apollin.  Epiit.  ii.  2  ;  Plin.  H.  S. 
iTi.  J  34)  to  anppoit  the  top,  and  of  lesdi 
OioAt^tflai)  to  keep  down  the  bottom,  it  fre- 
quently mentioned  by  ancient  writen  (0»id, 
Tritt.  iii.  4,  11,  12;  Aeiian,  H.  A.  riL  43; 
Pausan.  rilL  12,  §  1),  and  is  clearly  exhibited  ia 
some  of  the  palnlingi  in  Egyptian  tombs.  Lesdh 
and  pieces  of  wood  serving  as  floats  instead  ol 
corks,  still  remain  on  a  sean  in  the  colleclion  ef 
Egyptian  antiqnitiec  at  Berlin. 

The  aossa  (nuiJi,  n^Ii,  cv^Aq)  wis  e.pe- 
datly  used  for  catching  the  murei  oiied  for 
purple  dye.  It  waa  sametimes  a  amall  net  in 
the  shape  of  a  bag  with  thick  close  meshes  of 
cord,  but  apparently  mora  Dsually  a  sort  of 
basket  of  rutbei  or  oiiers.  Bait  waa  ptand  in 
it,  for  which,  according  to  seTeral  writen. 
biralces  were  used ;  these  closed  an  the  morti 
attacking  them,  and  so  kept  it  imprisoned  till 
the  net  or  basket  wai  draiA  up  (Ael.  A.  S.  < 
vii.  34;  Plin.  K  K.  U.  g  132  j  Uppian,  Bai.  r.  . 
600).  Otheri  describe  the  nassa  in  more  onii-  ' 
nary  faibion,  as  constracted  like  an  eel-pot, 
narrowing  after  the  entrance  and  then  widrnieg 
again,  with  the  rushes  or  oeiera  so  projecting 
inside  a*  to  make  the  return  more  difficult  than 
the  entrance  (Sll.  ».  43 ;  Poll.  L  47,  where  it 
is  called  Kir<f  Ai)).  Hesych.,  s.  c.  tiniit,  compare) 
the  shape  to  a  strainer  (ifiiiii).  (See  Vatet, 
Textiiniim  Antigavm,  Appendix  C ;  and,  tor  the 
material  of  nets,  Bliimner,  Tecimi.  i.  229,292  ff., 
ar  also  be  consulted.)         [J.  Y.j     [0.  E.  U.] 

ftETlA'BU.    [Gladiator Eg.]    . 

REUS.    [AoiOB  I  OBUQATiinrEa.] 

BEX  (BoBiXiii),  king.     1.  Oacu.    Derin- 

>n  possibly  root  fia,  "mski  to  go,"  aifd  Ae*- 

Au, "  people  "  (cr.*hewi>x(llqt).    OoTemmeBl 

by  a  single  king  waa  perhaps  the  mle  is  liie 

towns  of  pre-historic  Greece  (cf.  Dianys.  r.  74. 

dot'  ipxi'  f ''  1^  imn  ri\it  'EAAipw^  'S*- 

ffiAsirro,  rXtir  tAx  trntf  ri  fiaffiapuii  IM 


BEX 


BEX 


547 


rarplws).  VThere,  as  so  often,  sUte  and  town 
were  almost  synonymous  terms,  the  "  king " 
tvM  probably  no  more  than  the  senior  member 
of  the  most  distinguished  family,  and  these 
pettj  ficun\^9s  or  chieftains  must  hare  been 
rerr  nnmeroua.  Thus  we  Hnd  traces  of  kings, 
many  of  them  more  or  less  mythical,  in  Thebes, 
Athens,  Argos  and  Mycenae ;  in  Ohalcis  of  Euboea 
(Hes.  Op.  654  f.),  Phlius  (Pans.  ii.  13,  1), 
I'orinth  (Pans.  iL  4,  3),  the  towns  of  Achaia 
(PsTxs.  Tit.  6,  1 ;  Poiyb.  ii.  41),  possibly  Tegea 
(Pans.  Till.  45i,  1 ;  Herod,  ix.  26),  Orchomenus 
<Theoph.  in  Mull.  Drag.  Bist.  Or.  ir.  515),  the 
dodecapolis  of  Ionia  (Herod.  L  147 ;  Pans.  Tii. 
3, 10),  Samos  (Herod,  iii.  59),  Chios  (Pans.  vii. 
4,  9, 10),  Cyme  (Heracl.  in  Mall.  op.  dt,  ii.  216), 
Teoedos  (Ariatot.  in  MiilL  op.  cU.  it.  157,  213), 
lalrras  (Paua.  ir.  24,  2\  towns  of  Cyprus  (Diod. 
xri.  42;  Herod,  r.  109,  110;  Aristot.  in  Miill. 
op.  cU.  ii  166,  203),  and  Cyrene  (Herod,  ir. 
155),  besides  many  others.  In  other  cases  we 
Hnd  kings  of  a  district  rather  than  of  a  town, 
<X7<  Minoi,  king  of  Crete  and  the  Cyclades 
(Thuc.  i.  4) ;  the  Theban  kings  dominate  Boeotia ; 
the  Athenian,  Attica  ^  the  Spartan,  Laconia. 

According  to  Aristotle  (Po^.  1. 12),  the  relation 
of  a  king  to  hu  subjects  is  precisely  analogous 
to  that  of  Zeus  to  the  other  gods,  or  to  that  of 
a  father  to  his  children.  In  the  earliest  times, 
when  erery  action  of  life,  private  or  public,  had 
a  religious  significance,  his  sacerdotal  functions 
were  doubtless  the  most  important  part  of  the 
kin^s  duties.  As  the  house-father  was  priest 
in  bif  own  house,  so  the  king,  the  state-father, 
was  priest  of  the  greater  household — ^the  state ; 
he  offered  sacrifice  for  the  city,  his  virgin 
daoghters  tended  the  city's  iirrta.  The  king 
appears  to  hare  been  called  indifferently  tkpxu¥^ 
▼puroirts,  or  fioffUsMin.  See  Arist.  Pol.  rii. 
(vi.)  8,  kwh  T^f  tumnis  i<rrla9  Hx****^^  ''^  ti/a^it 
xoAotNTi  S*  ot  filripxoPTus  ro^oys  o1 8^/3«(riAe7f 
ot  tt  Tpard^ts:  Aesch.  Supp.  371,  rrp^rcu^is 
^Kpvros  4y  Kpaerirttf  ^fjubv  Itrriwf  x'^^^^^' 
<.'haron  of  Lampsacus  gave  to  his  treatise  on  the 
spartan  kings  the  title  "Apxorrts  koI  wfmrd' 

Absolute  monarchy,  in  the  modem  acceptation 
<'t  the  term,  appears  lo  have  been  imknown 
among  the  Greeks,  l^e  nearest  approaches  to 
it  were  the  Tvpayyis,  which  >was,  in  origin  at 
)«»t,  a  weak  imitation  of  Per8i(in  despotism, 
ui  the  Macedonian  military  kingship.  It  is 
trae  that  Aristotle  in  his  classification  of 
AviAcicu  (PoL  iiL  14-17)  discusses  what  he 
tenns  wuftfim^iXMia  or  /BcuriXefa  icvpfo,  but  h^ 
treats  the  question  rather  from  the  theoretical 
than  the  practical  point  of  view ;  such  a  ficuri' 
Af/a  is  only  justified  by  the  ^iperj^  of  the  indi- 
vidual or  family  being  far  in  excess  of  that  of 
my  other  individual  or  family  {Pol.  iii.  17). 

Aristotle  (Po/.  iii.  14)  classifies  fiaaiKtTdt  as 
follows:  (1)  the  heroic  (fi  itarh  ro2»f  ^^iKoirj 
Xf^povt),  (2)  the  barbanc  (^  0ap0apue4i),  (3)  the 
■•rvfirnTcts,  or  olective  tyranny  (alptrii  rvpav' 
*^X  (4)  the  Laconkatj  or  hereditary  life-generiil- 
■^p  (monry^a  imit^  y4wos  AlSiof). 

The  Jlmrrie  kmg,  the  king  as  represented  in 
Homeric  poetry,  is  far  from  possteing  absolute 
i"»ver.  £very  chieftain  bears  jthe  title  of 
BonXMCti  in  Phaeada  alone  ther^^are  thirteen 
BoifiAiff  (Ot  viiL  390).  pn  tfte  Iliad,  Aga- 
QBduion  is  ^o^iAff^arof  Qx.  69),  suierain  of  the 


rest,  only  as  commander  of  the  Trojan  expe- 
dition, not  in  virtue  of  any  territorial  sove- 
reignty.] The  obedience  of  his  people  is  volun- 
tary ;  his  rights  are  subject  to  definition  {iK6v- 
rwv  ii\v  M  ria\  V  &puyfi4pots,  Ar.  Poi.  iii.  14). 
Thucydides  defines  the  heroic  kingships  as  iirl 
jntToXs  y4pain  vorpcieal  /3a<riXffrat  (i.  13),  and 
Aristotle  is  expressing  the  same  idea  when  he 
calls  them  ^Koiirud  re  icol  wderpteu  ytw6fi9WM 
Korii  y6fioy  (ib.  iii.  14).  Sometimes  an  oath  was 
interchanged  between  king  and  subjects  (tovto 
8'  hrolovy  ot  fihy  obic  ofivvotrrts  ot  8'  6/iy6opTts, 
ib.  iii.  14 ;  see  also  below,  remarks  on  the  Mace- 
donian kings).  The  same  author  regards  the 
origin  of  the  kingship  as  a  gift  of  a  grateful 
people  for  services  conferred  ;  cf.  Id.  i6.  Hut  yap 
rh  robs  xpArovs  ^eWo^oi  toD  wA^0ovf  *btpy4Tas 
icar&  t/^mis  ^  w^Aff|tov,  ^  9tii  rh  tntvayaytir  ^ 
wopdrai  x^P^^*  ^^vo¥ro  0<urt\€ts  Myruy  Kal 
roif  mpaXetfifidjfOVin  irdrptoi. 

The  heroic  kingship  was  hereditary :  see  Thuc. 
and  Aristot.  above,  and  II.  ii.  1^6,  iric^wrpotr 
vorpcitoy,  H^iroy  alti.  Each  successor  was 
hailed  by  the  approving  voice  of  the  t\^$os. 
The  office  was  of  divine  institution,  and  the 
kings  are,  in  a  certain  sense,  children  of  Zeus, 
the  king  of  the  gods.  Thus  they  are  ZtorjM^is 
and  8io7frcif  (cf.  Hes.  Theog.  96,  ix  zi  Aibs 
iScufiA^cs),  and  even  0cibi,  as  partaking  of  the 
divine  nature  (Ocf.  iv.  691).  The  genealogies  of 
both  the  royal  lines  at  Sparta  are  traced  back 
to  Heracles,  son  of  Zeus  (Herod,  vii.  204 ;  viii. 
131).  Aeneas  was  son  of  Aphrodite,  Nestor 
grandson  of  Poseidon,  Ajax  Telamonis  and 
Odysseus  were  great-grandsons  of  Zens.  The 
king's  office  is  derived  from  2^u8  (rift^  8*  ix  Ai6s 
itrrif  II.  ii.  197) ;  he  is  king  to  whom  Zeus  grants 
it  (fff  fiatFtXtiSf  f  I8wicc  Kp^rov  voff  ityicvXo' 
/u^fw,  i6.  205);  the  sceptre  of  Agamemnon 
descends  from  Zeus  in  direct  line  (ib.  101).  The 
kings  in  Homer  are  characterised  by  personal 
beauty ;  vigour  of  body  and  mind  is  a  condition 
of  the  maintenance  of  the  office  (Od.  xi.  174, 
184,  495).  Manual  employments  are  often  part 
of  a  king's  accomplishments.  **  Odysseus,  in  the 
island  of  Calypso,  is  a  wood-cutter  and  ship- 
builder (Od,  V.  243,  261);  Odysseus  on  his 
throne  was  the  carpenter  and  artisan  of  his  own 
bed  (Od.  xxiii.  19&-201);  Odysseus  in  disguise 
challenges  Eurymachos  the  suitor  to  try  which 
of  them  would  soonest  mow  a  meadow,  and 
which  drive  the  straightest  furrow  down  a 
four-acre  field  (Od.  xviii.  .366-375>''  (Glad- 
stone, Jttvent.  Mundif  p.  420.)  Laertes  has  a 
passion  for  gardening  (Od.  xxiv.  226  f.),  Achilles 
and  Paris  for  the  lyre  (It.  iii.  54). 

The  king  succeeds  to  certain  royal  possessions 
and  goods,  termed  his  rj/AWos.  These  were 
granted  for  signal  services  m  war  or  elseii{here, 
and  passed  from  father  to  son.  Cf.  Ii.  ix.  578 
(of  Meleager),  vi.  193  f.  (of  the  Lycians  and 
Bellerophon) ;  Od.  xi.  184  (of  Telemachus), 
xvii.  299  (of  Odysseus),  xxiv.  205  (of  Laertes) ; 
//.  xii.  313;  Octvii.  150;  Herod,  vi.  161,  where 
a  corresponding  rcjueyof  is  given  to  Battus,  the 
founder  of  Cyrene.  It  is  thought  that  this  was 
the  solitary  instance  of  private  property  in  land, 
which  was  otherwise  managed  on  the  common- 
field  system,  held  in  temporary  tenure  (Ridge- 
way  in  JourtL  Heli,  Stud.  vi.  319). 

The  heroic  king  inherited  the  threefold  func- 
tions of  generaiy  jvdge,  and  high'priest  (trrpani' 

2  5  2 


548 


BEX 


BEX 


yhs  7&P  ^y  Kol  9iKturr^s  6  /ScuriAcirt  ical  r&y 
wf^s  Tovs  $€ohs  Kbpiosy  Ar.  Pol,  iii.  14). 

As  general^  he  had  supreme  control  of  matien 
in  the  fieU,  and  power  of  life  and  death  daring 
expedition^  4^9K$6¥Tmw  84  Kal  icrc7yat  Kvptos 
^y  *  X^ci  yovy  hy  ^4  k'  4yinf  iuwdytvOt  fUlx^l' 
.  .  .,  od  ol  ipKwy  4(r<rttTai  ^n/yttty  K^yas  iiV 
olwyo6s  '  iri^  yap  ifiol  Odyaros,  Ar.  Pol.  iii.  14, 
but  the  last  sentence  does  not  occur  in  the 
existing  texts  of  Homer  (//.  ii.  391  f.) ;  see, 
ho  we  re  r,  Hi  xv.  348.  As  Mgh^priett  he  per- 
formed, on  behalf  of  the  state,  all  such  functions 
as  were  not  specially  assigned  to  other  priests : 
Kvpioi  8*  ^ffoy  .  .  .  fcol  rwy  Bvirmy  tceu  fi^ 
UpariKol  (Ar.  Pol,  iiu  15) ;  cf.  also  77.  ii.  402  fl 
As  judge,  the  King  dispensed  the  $4fiurTts  or 
"dooms,"  which  were  divinely  suggested  to 
him  by  6^/us,  the  assessor  of  Zeus :  thus  it  was 
in  his  judicial  capacity  that  the  king  gave  chief 
evidence  of  his  divine  counexion  and  origin ;  cf. 
H.  Ix.  97  f.,  oSytKa  woWmy  KuSiy  icrl  &ya(  Kal 
roi  Zc^f  iyyvdKi^w  fficnwrpiw  r*  ^8i  B4fuaras, 
lya  iT^liri  /3ouA«op<r9a :  //.  i.  238,  Succunr^Xot, 
otrc  04fu(rrat  wpibs  Aihs  €lp6aT€u:  Hes.  Theog. 
85,  ol  8«  mt  Xaol  wdCrrcs  4s  aurby  Sp&iri  Zteucpi- 
yovra  $4futrTas  iBtijfffi  Slxpa-i.  The  regal  symbol 
was  the  cinfwrpoyf  which  was  transmitted  from 
father  to  son  (77.  ii.  100  f.) :  Odysseus  bears  the 
tfK^wrpoy  as  Agamemnon's  representative  (//. 
ii.  186  f.).  The  crown  is  unknown  in  Homer  as 
a  distinctly  regal  symbol,  and  only  becomes  so 
in  later  times,  because  worn  bv  the  king  in  his 
character  of  priest;  garlands  always  being 
associated  with  sacrifice  and  other  joyful  occa- 
sions. 

The  king  convoked  the  Council  of  the  Elders 
(iSouA^  ytp6yTmyf  II,  ii.  53)  to  deliberate  on  all 
matters  of  policy,  military  as  ,well  as  civil  (77. 
ix.  89;  vii.  382  f.).  There  seems  to'faave  been 
^0  obligation  upon  the  king  to  consult  the 
iSouX^,  or  to  take  its  advice  if  consulted,  but 
none  the  less  was  it  his  duty  to  do  so  (77.  ix. 
100-108).  The  decisions  of  the  king,  or  of  the 
king  and   council,   were  made   known   to  the 

feneral  assembly  of  adult  male  dtisens  (4rfopd, 
y^ty).  No  debate  was  allowed ;  the  multitude 
received  the  will  of  the  king  with  silence  or 
with  applause ;  olrjecti^ns  were  summarily  dealt 
with.  It  is  not  till  the  Odyssey  that  any 
special  regard  is  paid  to  the  S^/iou  ^fus  (cf. 
vi.  273 ;  xiv.  239) ;  though  promises  like  those 
of  Agamemnon,  to  give  seven  cities  as  his 
daughter's  portion  (7/.  ix.  149),  or  of  Menelaus, 
to  sack  one  of  his  own  cities  in  order  to  establish 
Odysseus  therein,  are  either  poetical  exaggera- 
tions or  proceed  from  those  who  are  fieuriKt^' 
Tcpoi  rAy  iW^y  ^afftK4mv, 

The  title  $moJ^  iu^ZpAy^  forty-four  times  applied 
to  Agamemnon  in  the  Iliad,  and  applied  also 
to  five  other  sovereigns — Aeneas  (//.  v.  311), 
Kuphetes  (xv.  532),  Anchiscs  (v.  268),  Au- 
geias  (xi.  701),  and  Eumelus  (xxiii.  288)— is 
regarded  by  Gladstone  (Juv,  Mundi,  p.  151)  as 
of  foreign  rather  than  Hellenic  colour,  patriar- 
chal rather  than  Greek,  savouring  of  serfdom 
and  absolutism.  Jebb,  on  the  other  hand 
{^Horner,  p.  47),  denies  this;  and,  regarding  Ara| 
merely  as  a  descriptive  epithet,  suggests  a 
metrical  reason  for  its  use  in  the  passages  quoted. 
Grote  (Greece^  ch.  zx.)  seems  to  incline  to  the 
former  view. 

The  alirvfunrrtta  or  alprrii  rvpayyls  is  stated 


by  Aristotle  to  have  existed  4y  rots  ofx*^'' 
'KWfioty,  It  differed  from  fiapfiapixh  /SoffiAcia 
not  in  being  constitutional  (cori  y^itow),  bot 
simply  in  being  not  hereditary.  The  offic* 
lasted  sometimes  for  life,  sometimes  fur  a 
specified  time,  or  during  the  performance  of  a 
specified  duty.  As  far  as  its  power  was  con- 
cerned, the  otiice  was  ^  tyrannical ;  '*  it  is  clsssi* 
fied  as  a  iScuriAelo,  as  being  olprr^  «al  4it4rrw 
(Ar.  P\A,  iii.  14).  Solon  was  practically  omtvm- 
W^f  of  Athens  during  his  revision  of  the 
constitution,  though  the  title  is  not  applied  U 
him  by  any  Greek  writer. 

The  Laoonian  kingship  is  defined  by  Aristotle 
(/.  c.)  as  CTpvnrfia  rts  ainompdrmp  ml  iOios. 
to  which  he  afterwards  adds  the  fact  that  it  is 
hereditary  (icar&  ydros).  The  king's  authority 
is  by  no  means  supreme  (plht  4<rrt  inpU,  riirrm)^ 
although  eminently  constitutional  (/liXirra 
rmy  Kork  y6fiow);  his  power  only  begins  when 
he  is  outside  Laconian  territory.  This  view  of 
the  Spartan  kingship  is  clearly  drawn  from  its 
position  in  times  nearly  approxiuiatii|g  to  Ari- 
stotle's own.  Weakened  by  the  encroachmenu 
of  the  TfpoiMrto,  the  l^opei,  and  the  yuuapx^ 
it  preserved  only  the  shadow  of  its  aaci«nt 
power.  Thus  the  Spartan  kingship  is  really  the 
'*  exception  which  proves  the  rule,"  that  kio?» 
disappeared  from  Greece  before  historic  timet. 
For  the  duties,  position,  kc^  of  the  Spsrtii 
kings,  see  Gebousia. 

&me  of  the  kingdoms  which  lay  outside  tit 
circle  of  Greek  politics  lasted  much  longer  thas 
those  within  it.  The  Moloasian  kingdom  of  tke 
Pyrrhidae,  which  derived  its  origin  from  ti" 
son  of  Achilles,  extended  its  sway  over  the  whol« 
of  Epirus  shortly  after  the  Pelopimncsian  Ws;: 
cf.  Thuc.  i.  136 ;  ii.  80.  It  was  no  doubt  dw 
to  the  strictlv  constitutional  nature  of  its  ml' 
that  the  Molossian  kingdom  lasted  until  tat 
latter  half  of  the  third  century  &a  (Ar.  P' 
viii.  (v.)  11  init).  The  kings  every  year,  after 
sacrificing  to  Zeus  Areins,  awore  to  gover. 
Epirus  according  to  the  laws,  and  the  people  i'^f 
their  part  swore  to  protect  the  kings  accordioc 
to  the  laws.  Transgression  oa  tJie  part  of  the 
king  relieved  the  people  from  their  oath,  aihl 
thus  we  find  that  the  king  was  sometime^ 
removed  and  another  appoint^  (Plut.  Pyrr,  ▼•  '^ 
Diod.  XV.  13). 

The  Macedonian  kings  traced  back  their  origin 
to  the  Heracleid  race  of  Argot.  Perdicoas  I 
was  the  founder  of  the  monarchy  (Herod.  Tili. 
137,  138;  V.  22).  Originally  esUblished  st 
Edessa,  the  dynasty  extended  the  area  of  it^ 
sway  by  the  conquest  of  the  Briges,  the  Pierisci. 
the  Bottiaeans,  and  the  inland  tribes.  Tb'^ 
succession  was  hereditary.  The  MaoedonUA 
monarchy  of  Philip  and  Alexander  approach^ 
more  nearly  to  the  military  imperialism  c> 
Rome  than  any  other  Greek  institutioD.  It  ><' 
true  that  Arrian  {Exp,  Alex,  iv.  11)  assertv 
that  UaxMyty  Apxoyrts  ei  $1^  JiXXi  v^u^' 
Sicr^Xco'ar:  but  this  was  probably  more  thf 
result  .of  a  prudent  p<Jicy  than  of  anydefinit-' 
circumscription  of  the  royal  power.  The  kinc 
and  the  army  appear  to  be  the  sole  instrmncoti 
of  government,  the  army  even  acting  as  s 
criminal  court.  (See  Quint.  Curt.  vi.  32,  'J\ 
'*  de  capitalibus  rebus  vetusto  Macedonuni  ddoiv 
inquirebat  exercitus;  in  pnce  erat  vul|n:  ^:i 
nihil  potestas  regum  valebat  nisi  prins  valuis^^ 


REX 


BBX 


549 


•Qctoritas.")  This,  however,  probablj  bean 
reference  only  to  military  offenceit.  We  hear  of 
a  Macedonian  aMembly  ("  ad  contionem  rocato 
popnlo,**  Just.  xir.  6%  but  it  '*  appears  to  hare 
been  summoned  chiefly  as  a  mere  instrument  to 
sanction  some  predetermined  purpose  of  the 
king  or  military  leader  predominant  at  the 
time."  There  is  ''no  evidence  of  co-ordinate 
political  bodies  or  standing  apparatus,  either 
arislocratical  or  popular,  to  check  the  power  of 
the  king  "  (Grote). 

See  G.  Gilbert,  Griechiiche  StaatmlterthlbMr ; 
Grote,  Greece^  part  i.  ch.  20 ;  Thirlwall,  Greece, 
chaps.  6,  8,  and  10;  Freeman,  Comparative 
Politicty  Lect.  iv.;  De  Coulanges,  2<i  Cit^ 
Aiitiquef  p.  203  tf  283  f. ;  Jebb,  Horner^  p.  46  f. ; 
Gladstone,  Jucentus  Mmndiy  p.  4 13  f. ;  Auerbach, 
da  Lacedaemomorutn  regibue  ;  Meier  and  Schi^ 
mann,  AtUeche  Frooees,  p.  6  f . ;  Busolt,  Griech' 
iache  Geschichte,  vol.  i.  p;  376  f. ;  SchOmann, 
Antiqmtiei  of  Greece,  tr.  by  Hardy  and  Mann, 
vol.  i.  p.  114  f. ;  Duncker,  History  of  Greece, 
tr.  by  Alleyne  and  Abbott,  vol.  i,  p.  469  f., 
ii.  p.  3'f. ;  Id.  Getch.  dee  AlUrthwm,  v.  (1881), 
p.  334  f.  [A.  H.  C] 

8.  BoMAV. — ^That  Rome  was  once  governed 
bf  kings,  and  that  the  later  republican  consti- 
tation  was    a   development,  traceable    in    its 
outlines,   of  an  original    regal   rule,  was  the 
onivenal  belief  of  Roman  antiquity  itself,  and 
has  never  been  doubted,  even  by  those  scholars 
who  have  expressed  most  disbelief  in  the  details 
of  such  accounts  of  the  kingship  as  have  been 
handed  down  to  us.    Some  consideration  of  the 
nature  of  the  evidence  on  which   the  Roman 
monarchy   rests    is    clearly   necessary    for    an 
appreciation  of  its  real  nature  and  character. 
Of  the  evidence  in  this  question  there  are  two 
raaia  li^i^s.    One  is  that  of  tradition;  for  the 
literary  acconnts  we  have  of  this  period  cannot 
be  considered  as  other  than  traditional,  since 
the  earliest  historical  records  from  which  our 
present  sources  were  derived  were  not,  so  far  as 
ve  know,  eomposed  until  some  300  years  after 
the  expiration  of  this  period,  and  there  is  little 
or   no    original    documentary    evidence    of    a 
credible  nature  on  which  we  can  suppose  even 
the  earliest  of  these  accounts  to  have  rested 
(Lewis,   Credibility  of  Early  Jtoman   ffittory, 
vol.  i.  ch.  iii.  p.  70 ;  Seeley,  Livy,  Introd.  p.  17). 
The  other  and  surer  line  of  evidence  is  to  be  found 
io  the  manifest  survivals  of  an  original  kingly 
rule  which  meet  us  everywhere  in  the  Roman 
republic,  and  which  enable  us  partly  to  supple- 
ment the  acconnts  of  tradition,  but  more  often 
to  oorrect  th«m  where  it  seems  likely  that  they 
hnve  transferred  to  this  early  period  the  consti- 
tutional usages  of  the  later  republic.    Some  of 
these  survivals,  such  as  the  rex  eacrorvm  and 
the  •aisrr««,  throw  considerable  light  on  some 
points  of  the  regal  constitution;  while  others 
are  merely  traces  of  the  past  monarchy  indelibly 
imprinted  on  the  later  republican  communitv. 
Such  are  the  existence  of  the  Reoia,  or  kingly 
palace,  on  the  Sacra  Via  (Becker,  Topogr.  §  223), 
the  festival  of  the   Regifugium  on   Feb.  24th 
(Festus,  t.v.  p.  137  and  p.  230;  Orelli,  Inecr, 
ii.  p.  384;   Ov.  Fasti,   2,  685),  and  the  days 
marked    by  the    formula   QBCF  [see    Reoi- 
FUOitTM].    Finally,  if  we  were  to  seek  evidence, 
beyond  tradition  and  such   survivals,  for  the 
original  existence  of  a  Roman  Rex,  it  would  be 


found  in  the  probabilities  of  a  constitution  such 
as  that  of  Rome,  so  peculiar  in  the  conception 
of  its  supreme  magistracy,  with  its  different 
personal  representatives,  each  possessing  in  theory 
a  siogle  indivisible  iifperium,  having  been  the 
development  of  a  constitution  ill  which  the 
imperium  was  really  indivisible  because  vested 
in  a  single  person.  That  this  form  of  constitu- 
tion was  in  no  degree  peculiar  to  Rome,  but 
that  in  this,  as  in  other  respects,  Rome  was 
merely  a  typical  Italian  community,  there  is 
every  reason  to  believe.  A  distinct  survival  of 
an  original  kingly  power  is  found  in  the  stand- 
ing dictatorship  of  certain  Latin  towns,  such  as 
Lanuvium  (Qc.  pro  Mil,  10,  27). 

The  theory  on  which  the  Roman  monarchy 
rested  is  not  quite  paralleled  in  any  ancient  or 
modern  state.  l*he  Roman  state  has  been  aptly 
described  by  Mommsen  as  a  *' constitutional 
monardiy  invei;ted"  {Hist,  of  Home,  i.  p.  84)  s 
that  is,  the  ultimate  sovereignty  resided  not 
with  the  king,  but  with  the  community  he 
represented,  and  the  constitutional  limitation 
was  not  that  of  personal  rule  by  the  people,  but 
of  the  people  by  persooal  rule«  The  Roman 
monarchy  rested  on  authority  delegated  by  the 
people ;  and  this  is  true  whatever  we  consider 
the  immediate  basis  to  have  been  on  which  the 
king's  power  rested,  whether  we  regard  it  as 
elective,  hereditary,  or  held  by  right  divine.  It 
is  shown  by  the  fact  that  the  sovereign  attribute 
of  pardon  rested  with  the  people  in  the  last 
resort  (Liv.  i.  26;  Cic.  de  Hep,  iL  31). 
Secondly,  by  the  fact  which  is  stated  by 
tradition,  and  rendered  probable  by  the  later 
theory  of  republican  legislation,  that  the  Roman 
people  was  the  sole  source  of  law,' which,  though 
elicited  by  the  king  through  his  sole  right  of 
initiative,  could  only  be  rendered  valid  by  the 
assent  of  the  burgesses  (Dionys.  ii.  14);  and 
finally  that  tradition  affirms  it  to  have  been  the 
source  of  honour.  We  are  told  at  least  that 
the  regal  insignia  of  Etruria,  which  the  Roman 
kings  adopted,  were  only  assumed  after  ratifica- 
tion bv  the  senate  and  people  (IHonys.  iii.  6,  2 ; 
Cic.  to.);  and  it  is  possible  that  the  appoint- 
ment of  special  officers  of  state,  though  in  theory 
they  were  merely  delegates  nominated  by  the 
king,  had  to  be  ratified  by  similar  leges  curiatae. 
Such  at  least  seems  to  be  implied  by  the  account 
given  by  Tacitus  of  the  institution  of  the 
earliest  quaestores  {Ann,  11,  22 ;  cf.  Dig.  1,  13, 
**quaestores  quos    ipsi  populi    suffragio  crea- 

renfO- 
To  such  a  personal  representative  had  the 

Roman  people  transferred    the  whole  of  the 

executive,  and  so  much  of  the  legislative  power 

as  is  implied  in  the  sole  right  of  initiative, 

without,   however,  forfeiting  certain    ultimate 

rights  of  their  own.     The  personal  head  thus 

constituted  possessed  a  variety  of  titles  which 

marked  the  various  aspects  of  the  collective 

authority  he  exercised;  and  which,  when  this 

administrative  authority  was  differentiated   in 

republican    times,    were,  applied    to    different 

individuab.    As  supreme  judge  he  would  be 

jvdex,  as    leader    in    wa>  praetor  {prae-itor: 

cf.  Varro,  L,  L,  v.  80);  while  the  title  dictator, 

which  signified  a  temporary,  though  incomplete, 

resumption  of  the  kingship  in  republican  times, 

and  the  title  magister  populi  which  was  applied 

to  this  office  (Festus,  p.  198),  were  probably 


550 


REX 


BEX 


originally  mere  appellatives  of  the  king,  applied 
according  to  the  aspect  in  which  his  power  was 
Tie  wed.  The  title  that  marked  him  out  as 
supreme  head  of  the  state,  and  summed  up  all 
his  other  powers,  was  that  of  Rex,  the  **  orderer  " 
of  the  state,  the  regulator  of  all  things  human 
and  di\'ine  (Mommsen,'  Staatar.  ii.'  p.  5) ;  and 
this  title  of  Rex,  when  it  had  ceased  to  apply  io 
civil  duties,  and  had  gained  the  connotation  not 
of  ordered  administration  but  of  absolutism,  was 
still  applied  to  the  Rex  sacrorum,  the  orderer  of 
religion,  who  had  inherited  that  branch  of  the 
kingly  functions.  Similarly  the  position  of 
the  Rex  as  supreme  head  of  the  state  was 
denoted  by  the  word  regnmn  (Cic  da  Rep. 
ii.  27);  but  the  powers  with  which  the  king 
was  invested  were  summed  up  under  the  word 
imperiwn.  While  regnum  denotes  the  position 
of  the  monarch,  imperium  denotes  the  powers 
on  which  this  position  was  based  (Mommsen, 
/.  c. ;  Cic.  de  Rep,  i.  26). 

The  unique  position  in  the  state  which  the 
Roman  king  thus  held,  and  which  has  been 
compared  to  the  position  which  the  Roman 
paterfamilias  held  in  the  family  (Mommsen, 
HisL  of  Rtnney  i.  p.  61),  was  expressed'by  certain 
special  marks  (insignia),  which  distinguished 
him  from  the  rest  of  the  burgesses.  The 
question  as  to  what  were  the  special  insignia  of . 
the  Roman  monarchy  is  rendered  difficult  b][ 
the  fact,  that  while  they  must  necessarily  have 
borne  a  close  relation  to  the  insignia  of  the' 
supreme  magistrates  of  the  Republic,  they  yet 
in  all  probability  differed  in  some  degree  from 
the  latter;  but  to  what  extent  it  is  almost 
impossible  to  determine,  for  the  tendency  of 
'  tradition  is,  on  the  one  hand  to  assimilate  the 
two,  on  the  other,  while  assuming  the  consular 
and  praetorian  insignia  to  be  an  inheritance 
from  regal  times,  to  attribute  to  the  monarchy 
other  special  marks  of  royalty  which  it  derives 
mainly  from  a  foreign  source.  The  chief  mark^ 
of  the  regal  as  of  the  later  consular  imperiunx 
were  the  fasces  and  liotores,  (As  regards  the 
number  of  the  king's  lictors,  see  LicrOB,  p.  65.) 
That  the  king  could  have  the  axe  borne  within 
the  fasces,  even  while  remaining  within  the 
Avails,  we  must  believe,  if  we  admit  that  he 
was  exempt  from  the  necessity  of  admitting 
the  provocatio,  and  could  exercise  the  same  full 
jurisdiction  dami  and  militiae.  Next,  the  we^ir* 
ing  of  the  purple  must  have  been  wholly 
reserved  for  the  king,  but  whether  merely  in 
the  form  of  the  later  consular  praetexta  (Liv. 
i.  8)  or  of  the  full  purple  robe  besides  the 
praetexta  attributed  to  him  by  Dionysius  (iii.  61) 
is  uncertain;  the  latter,  however,  is  more 
probable:  for  in  the  later  consulship  we 
probably  see  througho^t  a  limitation  of  the 
insignia  which  accompanied  the  limitation  of 
the  powers  of  the  supreme  magistracy.  The 
purple  robe  which  Dionysius  assigns  along  with 
the  toga  praetexta.  to  a  foreign  origin,  must, 
however,  be  identical  with  one  variety  of  the 
trabeOj  undoubtedly  one  of  the  insignia  of 
the  king,  and  said  to  have  had  a  purely  Latin 
origin.  It  is  connected  with  the  name  of 
Romulus^ Qtitrmo/is  trabea,  Verg.  Aen,  vii.  612), 
and  is  associated  in  the  later  Republic  chiefly 
with  the  officers  of  religion.  If  the  distinction 
between  the  three  kinds  of  trabea  (Scrvius 
in  Aen.  viL  612) — ^the  purple  one  for  the  priestly 


office,  that  of  purple  and  saffron  for  the  iugan 
and  of  purple  striped  with  white  for  the  king- 
existed  in  this  early  period,  they  must  have 
been  all  worn  by  the  king  for  the  perfonnaoce 
of  the  several  functions  of  his  office.  The  trsbea 
is  probably  an  inheritance  the  Roman  republic 
owed  to  the  kingship :  and  it  is  difficult  to  see  bow 
the  idea  could  have  originated  of  differences  in 
this  dress  being  appropriate  to  difference  ot 
functions,  had  the  distinction  not  originated  in 
a  period  when  all  these  functions  were  nnite<i 
in  the  king  (cf.  Serv.  m  Aen*  vii.  187.  xi.  334; 
Plin.  //.  N.  viiL  §  48,  ix.  §  39;  Ov.  Fast. 
ii.  503).  The  eagle-headed  sceptre  and  the 
golden  crown  tradition  also  attributes  to  the 
king,  as  well  as  the  soliwn  or  throne  (Cir. 
de  Fm.  u.  21,  69;  Dionys.  iii.  61,  $p6ww' 
iX€^i»rufO¥)  and  the  chariot  within  the  walh, 
from  which  the  sella  curulis  waa  derived  (Festos, 
p.  49).  Most  of  the  regal  insignia,  the  crown, 
the  toga  pkta  and  the  chariot  especially,  re- 
appear in  the  Roman  triumph,  and  render 
probable  the  statement  that  the  triumphal 
insignia  of  the  Roman  magistrate  were  bat  the 
revival  of  those  of  the  monarchy  (Diosys. 
iv.  74). 

Amongst  the  privileges  of  the  king  must  be 
counted  that  portion  of  the  public  domaio 
("arvi  et  arbusti  et  pascui  lati  atque  nberes;'* 
Cic.  de  Rep,  v.  %  3;  Liv.  ii.  5)  set  s^ 
exclusively  for  ini  king's  use.  Though  in  a 
sense  the  owner  of  the  whoiaiatate,  and  as  such 
capable  of  commanding  the  nmmora  of  the 
burgesses  (Liv.  i.  56),  he  waa  peculiarly  th# 
owner  of  these  royal  domains,  which  he  might 
employ  for  his  own  support ;  and  in  a  peculiar 
degree  also  would  he  be  roaster  of  the  serrices 
of  that  large  dientela^  the  body  of  half-free 
citizens  that  helped  to  make  up  the  pMts,  which 
were  only  connected  with  the  oommnnit^r 
through  him  its  personal  representative,  but 
which  he  might  make  more  closely  dependent, 
as  dienies^  on  other  leading  families  of  the 
community,  if  it  was  his  pleasure  (Cic  dc 
Rep,  1.  c.). 

The  mode  in  which  the  Roman  kings  enUnd 
on  their  position  in  the  state  is  one  of  the  most 
difficult  questions  connected  with  the  monarchv. 
It  is  true  that  traditinn  .is  nnaniiftons  in  repre- 
senting it  as  elective— depending,  that  i^  oQ 
free  popular  eleotion,  or  on  such  election  guided 
by  the  sefiiate  (LinjJ7 ;  Cic  de  Rep.  ii.  17, 31)— 
and  in  representing  the  procedure  as  being  con- 
ducted in  every  case  with  the  regular  formalities 
of  the  comUia,  the  auctoriia»  peUnm,  aod  the 
interregnum:  the  kist  of  which,  though  in  the 
republican  period  an  extraordinary  office,  i^ 
represented  as  having  been  a  part  of  the 
invariable  constitutional  procedure  in  the  trsos- 
mission  of  the  kingly  power  (Liv.  t  47).  Whw. 
however,  we  consider  the  manner  in  which  saw 
a  tradition  may  have  grown  up, — that  the 
conception  probably  arose  with  the  Bomao 
jurists,  who  had  before  their  eyes  the  mode  m 
which  the  consuls  and  other  curule  niagistrste> 
were  appointed  to  their  office ;  when  further  »<? 
consider  that  what  seems  the  aitemstire,  the 
hereditary  principle,  was  never  npttseni^  hr 
tradition  as  having  been  strictly  recognised  lo 
the  transmission  of  the  Roman  mouuvhr,  ^^ 
see  how  inevitable  it  was  that  they  should  bsve 
concluded  it  to  be  purely  elective.    Bat  there 


f 


BEX 

are  many  considerations  which  throw  doubt  on 
«uch  a  theory.  In  the  fint  place,  the  election 
WM  re^rded  as  free  in  a  far  wider  sense  than 
the  election  of  the  higher  magistrates  at  Rome ; 
»inee,  if  we  are  to  trust  the  traditional  accounts, 
Eoman  citizenship  was  not  a  necessary  qualifica- 
tion for  the  Monarchy.  Thua  the  non-burgess 
Numa,  the  foreigner  Tarquin,  the  slave's  son 
Serrius,  are  all  represented  as  having  been 
elected  kings  of  Rome  (Liv.  i.  18,  35,  42,  46): 
although  Roman  citizenship  must  have  been  a 
necessary  qualification,  even  if  patrician  descent 
waa  not;  and  it  is  nnlilcely  that  while  the 
interrex  had,  down  to  the  latest  republican 
times,  to  be  a  patrician,  the  king  might  h%ye 
been  not  only  a  plebeian  but  a  non-citizen 
(Mommsen,  Staatsr.  ii.  p.  7,  n.  2).  The  kh- 
sence  of  any  mention  of  a  qualification  for 
election  throws  suspicion  on  the  circumstantial 
accounts  given  of  the  king's  election,  and  the 
sospicion  is  increased  by  an  examination  of 
the  legends  of  Rome's  foundation  so  far  as  they 
refer  to  the  institution  of  the  monarchy.  To  ' 
bear  out.  the  juristic  theory  of  election,  we- 
should  expect  to  find  the  first  king  of  Rome  an 
elected  monarch.  But,  on  the  contrary,  we  find 
the  commnnity  organised  through  the  king 
rather  than  the  king  through  the  community. 
There  is  no  trace  in  the  best  tradition  of  a  first 
election  to  the  kingship;  for  the  account  of 
Dionysius,  that  Romulus  was  chosen  to  be 
the  supreme  head  by  a  rote  of  the  people, 
chiefly  through  his  character  of  founder  of  a 
colony,  belongs  to  Greek  sentiment,  not  to 
Roman:  and  the  ialutaiio  mentioned  by  Livy 
(L  7)  on  his  snocessfnl  taking  of  the  auspices, 
represents  merely  the  recognition  of  his  im- 
perium  as  favoured  by  heaven.  From  the 
traditional  accounts  of  the  earliest  kings,  which 
represent  Romulus  as  the  son  of  a  god,  as 
awaiting  the  verdict  of  heaven  before  he  assumes 
his  rule,  and  Numa  his  successor  as  insisting 
that  the  same  verdict  should  be  appealed  to 
(Liv.  L  7  and  19),  a  conclusion  might  be  drawn 
that  the  Roman  monarchy  rested  on  divine 
right  (cf.  Rnbino,  UnterBuchungen  aber  rOmiache 
V€rfa$gung^  p.  107);  but,  as  will  be  shown  in 
considering  the  question  of  the  inauguration  of 
the  king,  jthis  theory  raises  into  a  material 
what  was  probably  merely  a  formal  element  in 
the  monarchy :  and  there  is  nothing  in  Roman 
hiatory  or  sentiment  that  could  give  colour  to 
the  idea  of  such  a  pure  theocracy.  That  the 
monarchy  was  hereditary  is  contradicted  by 
the  facts  of  the  traditional  history  of  the 
period,  and  expressly  denied  by  other  authors, 
as  by  Cicero  {de  JRep,  ii.  12,  24)  and  Appian 
(^BeU.  Civ.  i.  98),  who  state  that  the  early 
Romans  in  the  choice  of  their  kings  had  more 
regard  to  merit  than  to  birth;  and  when  the 
hereditary  principle  is  first  realised  in  the  last 
king,  the  monarchy  comes  to  an  end.  i  On  the 
other  hand  there  are  considerable  difficulties, 
besides  those  mentioned  above,  in  the  way  of 
aasnnling,  as  the  Roman  constitutional  thinkers 
did,  that  the  king's  position  depended  on  free 
election  by  the  people;  for,  in  what  must  be 
regarded  as  definite  survivals  of  the  Roman 
monarchy,  such  election  was  not  recognised* 
The  Bex  sacronim  was  not  elected,  but  nomi- 
nated by  the  Pontifez  Maxim  us  (Dionys.  v.  1 ; 
lir.  xl.  42,  8) ;  and  it  is  probable  that,  at  the 


REX 


651 


close  of  the  monarchy,  when  the  religious 
functions  of  the  priest  were  first  separated  from 
the  secular  functions  of  the  magistrate,  the 
older  method  of  regal  appointment  would  have 
been  retained  for  the  former,  the  new  principle 
of  election  introduced  for  the  latter.  Again, 
the  Dictatorship,  which  was  practically  a  re- 
establisbment  of  the  klugship  for  a  temporary 
purpose  in  republican  Rome,  also  dispensed 
with  election.  Perhaps  another  piece  of  evi- 
dence against  the  theory  that  the  kingship  was 
purely  elective  is  to  be  found  in  the  fact  that 
the  king  was  not  bound  to  allow  the  provocatio 
any  more  than  the  early  dictator  was  (Liv.  ii. 
18  and  30 ;  Dionys.  v.  75 ;  Mommsen,  Staatsr. 
ii.'  p.  163).  Now  it  seems  to  have  been  a 
principle  in  republican  Rome  that  when  there 
Mtas  election,  then  the  provocatio  was  demanded 
as  a  right ;  and  if  we  consider  this  principle  to 
be  applicable  to  the  earliest  period  of  Roman 
constitutional  history,  the  fact  that  the  people 
had  no  standing  right  of  provocatio  against  the  - 
king  will  be  an  argument  against  their  having 
the  free  power  of  electing  to  this  office.  If  we 
are  led  by  these  considerations  to  regard  the 
monarchy  as  not  purely  an  elective  office,  we 
must  consider  that  it  was  the  right,  and  perhaps 
the  duty,  of  the  king  of  Rome  to  nominate  his 
successor;  that  this  nommathf  which  became 
only  a  form  under  the  Republic,  but  which  was 
again  revived  with  some  of  its  old  material 
force  in  the  election  to  office  under  the  princi* 
pate  (Dio  Cass.  liu.  21,  7;  IvuL  20,  3;  Tac. 
Ann,  t  14,  81),  was  the  chief  mode  of  trans- 
mission of  office  in  the  regal  period.  The 
survival  of  the  interrex  into  historic  times  as  a 
factor  in  an  elective  process  is  no  proof  that  the 
Roman  monarchy  was*  purely  elective  (cf.  Seeley, 
Livy,  Introd.  p.  56).  Had  there  been  no  due 
nominatio,and  consequently  no  distinctly  marked- 
out  successor  to  the  monarchy,  the  duty  of 
providing  such  a  successor  would  naturally 
have  lapsed  to  the  senate,  from  which  body  the 
interrex  was  appointed  (Liv.  i.  17 :  see  Intebbex 
and  Senatus);  and  it  is  probable  that  the 
Interregnum,  in  the  time  of  tne  monarchy,  as  in 
that*  of  the  Republic,  was  an  extraordinary 
measure,  only  resorted  to  when  the  regular  line 
of  suixession  had  been  broken  and  the  regular, 
procedure  interrupted,  through  some  unforeseen 
cause.  But  although  the  monarchy  cannot  be 
regarded  as  depending  on^fi'ee  election  on  the 
part  of  the  people,  th^e  are  certain  quasi- 
elective  processes  connected  by  tradition  with 
the  appointment  of  the  king,  both  on  the  part 
of  senate  and  people,  which  tHfere  is  no  reason 
to  discredit.  That  the  authority  of  the  senate 
(auctoritas  patrum)  was  constitutionally  neces- 
sary for  the  appointment  of  a  successor  to  the 
monarchy  is  stated  by  Livy  in  connexion  with 
all  the  transmissions  of  the  supreme  power 
(Liv.  i.  17,  22,  32,  41,  47) ;  and,  even  if  we  do 
not  hold  the  theory  of  a  definite  election,  will 
still  be  a  natural  outcome  of  the  constitutional 
necessity  the  king  was  under  of  consulting  the 
senate  in  all  important  measures  that  affected 
the  popular  welfare,  one  of  the  most  important 
of  which  would  be  the  nomination  of  a  successor. 
Such  a  procedure  would  not  spring  from  any 
theory  of  the  senate's  possessing  elective  power, 
but  simply  from  the  principle  that  underlay  the 
whole  Roman  community,  both  in  its  public  antl 


552 


REX 


private  relations,   that    no  man   in  authoritj 
should  act  without  taking  advice  of  his  conciiiwih. 
The  other  principle  is  that  of  the  formal  ratifi- 
cation of  the  king's  power  by  the  people,  which 
eontinaed  into  the  Republic  under  the  title  of 
the  Lex  Curiata ;  and  was  the  formal  sanction 
always    required    for     the    ratification    of   an 
imperium  already  assumed  (Cic.  de  lej,  Agr, 
ii.   10,  26;  ii.   11,  28;  ad  Fam,  i.  9,  25:  see 
Lex  Curiata  and  Prooonsul).    That  it  was  a 
merely  formal  ratification  in  the  time  of  the 
monarchy  is  stated  by  Cicero  as  being  shown  by 
the  fact   that   the  king  himself  proposed   the 
Lex   Curiata  which   was  to  sanction   his  own 
power  (Cic.  cb  Sep,  ii.  13,  25:   *'Numam — 
qui   quamqnam  populus  curiatis  eum  comitiis 
regem  esse  jusserat,  taroen  ipse  de  suo  imperio 
legem  curiataro .  tulit "),  as  was  indeed   neces- 
sary, since  no  other  power  but  the  king  had  the 
right  of  putting  the  question   to  the  people 
and  it  might  undoubtedly  be   legally,  though 
not  perhaps  constitutionally,  withheld  by  the 
king,  as  we  are  told  it  was  withheld  by   king 
Servius  during  the    early   part  of   bis    reign 
(Liv.  i.  42).     It  is  thus  carefully  distinguished 
from   the  election  to  the  monarchy,  and   the 
people  were  supposed  by  the  Roman  jurists  to 
have  performed  two  distinct  acts  in  the  creation 
of  a  king    first  in  the  way  of  election,  and  next 
in   the  way  of  formal  ratification  of  such  an 
election  (Cic.  de  Itep,  ii.  17,  31,  "  TuUum  Hos- 
tilium  populus  regvm,  interrege  rogante,  comitiis 
curiatis  creavit,  ilq'ue  de  imperio  suo — ^populum 
consuluit    curiatitn  '*).     That    such    a    formal 
sanction,  hower^r,  should   have  been  required 
where  free  popular  election  had  preceded,  seems 
unlikely;  and  the  Lex  Curiata  is  a  far  more 
explicable  procedure  if  we  suppose  the  king  to 
have  first  been  nominated  independently  of  Che 
l>eople,    and    then    to    have    challenged    their 
allegiance  in   this  manner:    and  although   in 
the  Republic  this  Lex  was  taken  by  magistrates 
already  elected,  as  a  necessary  preliminary  to 
the  exercise  of  the  full  imperium,  yet  there  it 
was  a  mere   constitutional  survival,  with   its 
meaning  partly  lost,  and  far  more  a  matter  of 
form  apparently  than  it  h.id  been  in  its  origin. 
That  an  exercise  of  the  regal  imperium,  which 
was  not  sanctioned  by  these  two  acts  of  fenate 
and  people,  the  expressed  will  of  the  one  and 
the    declared    allegiance    of    the    other,    was 
regarded  by  the  later  authorities  as  unconstitu- 
tional, is  shown    by  the  language  of  Cicero, 
where  he  says  {de  Rep,  ii.  24,  44)  that  the  last 
injustut  domintu  of  Rome  ruled  *'  neque  populi 
jussu  neque  auctoribus  patribus." 

But  the  king's  assumption  of  his  power  was 
regarded  as  incomplete  until  a  religious  act  had 
been  performed  which  showed  tluit  the  gods 
sanctioned  the  rule  which  he  had  assumed.  The 
ceremony  of  taking  the  auspices  which  had  this 
meaning  was  observed  by  magistrates  of  the 
Republic  before  entering  on  the  exercise  of  their 
office  [Auspicia;  Auqur];  but  the  religious 
act  performed  by  the  king  is  represented  by  our 
authorities  as  having  been,  not  merely  this 
taking  of  the  auspicest,  but  a  special  inaugura- 
tion. There  is  a  difference  between  these  two 
acts.  In  the  ordinarv  form  of  the  auspicia  the 
official  entering  on  oflice  had  himself  the  right 
of  spectto  which  belonged  to  Roman  magistrates 
as  suchf  was  never  regarded  as  a  merely  priestly 


function,  and  still  continued  to  bo  possessed  by 
magistrates  under  the  Republic,  even  when 
their  office  had  been  completely  divorced  froni 
that  of  the  priesthood.  In  the  special  inaugura- 
tion, on  the  contrary,  the  spectio  is  taken  by 
some  other  than  the  person  inaugurated ;  as  ia 
the  case  of  Numa,  the  first  who  is  represented 
as  being  thus  inaugurated,  a  specially  npjiointed 
augur  is  employed  to  watch  for  signs  (Liv.  1. 18, 
«<  de  se  deos  consul!  jussit ") ;  unlike  Romulu», 
who  is  represented  as  taking  his  own  auspices  on 
the  Palatine  (Liv.  i.  6).  This  ceremony  of  inaugu- 
ration by  one  of  the  priesthood  other  than  the 
person  so  inaugurated  is  represented  as  baring 
been  from  the  time  of  Noma  the  standing  pro- 
cedure in  the  act  of  entering  on  the  regal  office 
(Liv.  i.  18).  If  we  can  argue  in  this  case  from 
survivals,  some  support  is  given  to  the  assertion 
^y  the  fact  that  the  Rex  Sacrificulu*  had,  as  we 

ow,  a  special  inauguration  (Labeo,  ap.  GeU. 
XV.  27, 1 ;  Liv.  xl.  42,  8).  But  this  resulted  from 
the  fact  of  his  purely  priestly  character ;  and  if 
we  suppose  that  the  inauguration  aa  well  as  the 
taking  of  the  auspices  existed  for  the  early 
kings,  we  must  suppose  that  already  at  this 
period  there  was  a  separation,  in  idea  at  least, 
between  the  functions  of  the  king  as  priest  and 
his  functions  as  magistrate :  the  special  inaugu- 
ration through  the  spectio  of  another  attaching 
to  him  in  his  first  character,  the  taking  of  the 
auspices  through  his  own  spectio  belonging  to 
him  in  his  other  character  as  magistrste 
(Mommsen,  Staatsr,  iL  1,  p.  8);  but  that  so 
marked  a  separation  of  functions  existed  in  the 
regal  period  is  unlikely,  and  it  seems  more 
probable  that  the  inauguration  of  the  Rex 
Sacrorum,  wbo  represented  the  priestly  side  of 
the  king's  fanctions,  was  but  a  continuation  of 
the  first  act  of  taking  the  auspices  performed 
by  the  king. 

There  was  no  separation  in  fact,  and  probably 
none  in  idea,  between  the  position  of  the  king 
as  priest  and  his  position  as  magiltrate.-  The 
Roman  state  was  by  no  means  a  theocracy.  It 
united  the  civil  and  religious  powers  as  closely 
as  possible,  but  employ^  the  latter  not  as  an 
infallible  guide  to,  but  as  a  test  of  the  effective- 
ness of,  the  former.  Thus  in  the  personal  head 
of  the  state  the  two  were  indissolnblv  com- 
bined. The  king  was  first  pri«st  as  he  wss 
first  magistrate '(Dionys.  ii.  14,  iv.  74;  Plut. 
Tib.  Qracch.  15) ;  and  as  he  possessed  the  nomi ca- 
tion of  all  subordinate  magistrates,  so  he  possessed 
that  of  all  subordinate  priests.  Thus  tradition 
tells  us  that  the  three  great  Flamines,  the  Salii, 
and  the  Pontifex  were  instituted  by  Nums, 
although  moat  of  the  important  ceremonies  of 
religion  were  performed  by  himself  personslly 
(Liv.  i.  20),  as  the  augnrs  had  been  appointed 
bv  that  **best  of  augurs"  Romulus  (Cic.  de 
Rep.  ii.  9,  16;  de  Die.  i.  2,  3);  and  the 
appointment  of  special  individuals  to  fill  these 
priesthoods  must  have  been  likewise  a  part  of 
his  office  ;  as,  for  instance,  the  nomination  of  the 
flamines  that  belonged  to  the  Latin  dictator 
must  have  been  likewise  in  the  hands  of  the 
king  (Ascon.  in  Mil.  p.  32);  and  all  the  powen 
that,  with  the  secularisation  of  the  Roman  civil 
magistracy  passed  to  the  Pontifex  Maximns  as 
the  head  of  the  Roman  priesthood  may  without 
hesitation  be  attributed  to  the  king.  .  In 
republican  times  the  Rex  Sacrorum  himself  was 


REX 


BEX 


553 


nominated  bj  the  Pontifex  Maximus,  the  reason 
being  that,  since  the  theoi'y  of  nomination  was 
carried  on  in  hia  person,  he  could  onlv  be  nomi- 
nated by  the  greatest  member  of  the  priesthood ; 
but  the  nature  of  his  duties  gave  him  precedence 
even  over  the  Pontifex  Maximus  as  well  as  oyer 
the  three  great  Flamines  in  the  ordo  sacerdotum 
(Pectus,  s.  o.  p.  185 ;  Labeo,  ap,  Gell.  xv.  27,  1 ; 
Or.  Pasti^  ii.  21),  and  points  to  the  position  of 
the  king  as  priest,  while  his  regularly  recurring 
sacred  duties,  his  sacrifices  on  the  day  of  the 
new  month  and  at  the  festival  of  the  Agonalia 
(Yarro,  L.  L,  v.  3,  54 ;  Festus,  s.  t.  Agonium, 
p.  9X  point  to  the  fact  that  the  king's  sacred 
functions  were  a  regular  cultus^  not  the  oc- 
casional religious  duties  of  a  Roman  magistrate. 
[Rex  Sacbobum.] 

The  task  of  determining  what  were  the  civil 


of  the  Fetiales,  which  is  said  to  have  dated 
from  their  institution,  either  by  TuUus  Uos- 
tilius  (Cic.  de  Bep,  it.  17)  or  by  Aucus  Martius 
(Liv.  i.  32),  contains  the  clause,  **but  on  these 
matters  we  will  consult  the  elders  at  home,  how 
we  may  obtain  our  rights  "  (Livy,  /.  c.) ;  and,  as 
the  king  was  expected  to  consult  the  senate  in 
matters  affecting  the  international  relations  of 
the  state,  so  no  doubt  in  the  most  important  of 
these — in  declarations  of  war — it  was  the  custom 
that  the  people  should  be  consulted  (Dionys.  ii. 
14).  But  there  were  other  manifestations  of 
his  power  as  general  over  which  the  people 
would  have  no  control.  Such  was  the  disposal 
of  the  booty  taken  in  war  and  of  the  conquered 
lands  (Dionys.  ii.  28  and  62 ;  Cic.  de  Rep.  ii.  9, 
14),  a  right  which  belonged  subsequently  to  the 
Roman  imperator  in  the  field,  limited  only  by 


powers  possessed  by  the  Roman  kings  is  easier^^e  constitutional  necessity   of  consulting   his 

is«ppn4nViiim,  and  of  subsequent  ratification  by  the 


than  that  of  deciding  what  were  the  prec 
modes  of  their  exercise.  That  they  possessed 
the  sole  executive  power  of  the  state,  without 
any  of  the  limitations  with  which  the  magis- 
tratet  of  the  Republic  were  hampered,  appears  in 
the  traditional  accounts  of  the  kingship,  and  in 
the  more  general  notices  of  ancient-  writers. 
That  the  Roman  kings  possessed  vaaa  itpxh 
(Pint.  Tib,  Gracch.  15%  and  exercised  the  im- 
perium  at  their  own  discretion  (Tac  Awn,  iii. 
26),  follows  naturally  from  the  fact  that  we  can 
in  no  way  imagine  them  bound  by  the  definite 
restraints  which  shackled  the  Roman  consul  or 
praetor  in  the  exercise  of  his  ipiperium.  I  These 
restraints  were  the  limitation  of  office  by  time, 
and  the  collegiate  principle  which  carried  with 
it  ike  right  of  intercession.  The  king  hsid 
oflioe  for  life ;  he  had  no  ci»Ueague»  and  cculd 
therefore  be  trammelled  by  no  veto.  Again,  he 
was  freed  from  the  necessity  of  allowing  the 
appeal,  and  from  the  necessity  of  delegating  his 
power  to  other  officials  or  appointing  special 
standing  offices  for  special  purposes.  As  the 
dictatorship  could  suspend  for  a  time  the  free 
action  of  offices  at  Rome,  so  the  monarchy, 
which  was  a  standing  dictatorship^  was  not 
booiid  to  permit  such  otfices  to  exist.  The  regal 
imperium  being  thus  unshackled,  there  was  no 
room  for  the  distinction,  recognised  in  re- 
publican times,  between  its  exercise .  domi  and 
militiae ;  and'  the  fact  that  the  full  power, 
exercised  over  the  lives  and  persons  of  the 
ciiizms,  which  the  Roman  magistrate  possessed 
imtil  a  late  period  of  the  Republic  without  the 
walls,  was  possessed  by  the  king  within  them, 
waa  the  most  characteristic  aspect  of  the  kind's 
position  in  the  state.  But,  legally  free  from 
restraint  as  the  king's  power  undoubtedly  was, 
it  could  not  have  been  free  from  the  limitatiohs 
imposed  by  custom  and  constitutional  usage. 
The  acts  of  one  king  must  have  bound  the  acts 
of  his  successor,  and  the  assertion  of  Tscitus 
that  Servius  Tullius  was  the  author  of  laws 
'^ meant  to  bind  even  the  kings  themselves" 
(Amt,  iii.  26X  may  be  taken  in  its  least  sense  to 
mean  that  it  was  hardly  possible  for  a  king  to 
orerstep  the  constitutional  usages  of  his  pre- 
decessor. Such  usages  are  said  to  have  been 
those  embodied  in  the  leges  regiae  collected  by 
Papirius  (Dig.  1,  2,  2),  the  earliest  customary 
pnbUc  law  of  Rome.  Amongst  such  consti- 
tutional obligations  was  that  of  consulting  the 
senate  in  any  important  matter.    The  formula 


senate ;  the  first  of  which  may  also  have  been 
requisite  in  the  regal  period.  Such  also  was  the 
right  of  making  treaties  with  conquered  states 
(Joedus),  which  would  have  been  a  part  of  his 
administrative  duties  in  the  field,  over  which 
the  community  could  have  no  control.  Not 
only  was  the  senate  consulted  as  a  body  on 
matters  of  state,  but  the  special  ooiui/ia,  we  are 
told,  which  the  king  chose  to  advise  him  in 
special  matters,  as  in  the  exercise  of  his  juris- 
diction, were  taken  fi*om  this  body  (Dionys.  ii. 
14) ;  again,  wo  are  told  that  regular  delegates 
were  appointed  by  the  king  for  the  exercise  of 
special  functions,  and  that  some  of  the  names  of 
offices  we  meet  with  in  republican  or  imperial 
times  go  back  to  the  regal  period.  Of  these 
the  praefedus  ur&is  was  the  most  important ; 
he  was  an  aiter  ego  left  behind  bv  the  king  for 
the  control  of  the  capital,  when  himself  absent 
on  foreign  service ;  he  is  defined  by  Tacitus  aK 
one  *'  qui  jus  redderet  ac  subitis  mederetur  " 
(Jinn,  vi.  11 ;  Liv.  i.  59 ;  Dionys.  ii.  12),  and 
must  have  had  delegated  to  him  the  whole  of 
the  executive  power  of  the  king,  except  perhaps 
the  right  of  questioning  the  people.  This  office 
was,  from  its  hature,  merely  occasional;  but 
there  were  others  to  which  portions  of  the 
king's  power  were  more  regularly  delegated. 
The  collective  imperium  of  the  king  may  be 
described  by  its  three  sides — of  command  in  war, 
jurisdiction,  and  the/tis  rogandi.  That  assessors 
or  delegates  were  chosen  for  the  first  two  there 
(s  reason  to  believe;  but  that  the  last  power 
was  or  could  be  delegated  is  improbable, 
although  both  Livy  and  Dionysius  represent  the 
trUmnus  odervun  as  summoning  the  assembly 
(Liv.  L  59 ;  Dionys.  iv.  71).  For  military 
command  the  king  possessed  delegates  such  as 
the  trihuni  celervm  (Liv.  i.  59).  •  In  the  matter 
of  jurisdiction  there  are  abundant  statements  to 
the  effect  that  such  power  was  delegated,  but 
whether  to  standing  or  to  specially  appointed 
officials  is  uncertain.  We  are  told  that  a  dis- 
tinction was  made  between  cases  brought  before 
the  king,  the  more  important  being  tried  by 
himself  in  person,  the  less  important  transmitted 
to  judges  chosen  from  the  senate  (Dionys.  ii. 
12) ;  and  again  of  Servius  Tullius,  that,  while 
public  suits  were  tried  by  him,  private  suits 
were  entrusted  to  special  judges,  the  king 
giving  the  formula  (y^/xovf— -5povs  ical  Kaif6vaaf 
Dionys.  iv.  25)  under  which  the  case  was  to  be 


554 


BEX 


BEX  NEMOBENSIS 


tried.  In  the  only  detaile,d  instance  we  have  of 
a  public  suit,  that  of  Horatiua  for  perduellio 
(Jay.  i.  26),  delegates  were  appointed  in  the 
shape  of  dvntmviri  perduellioniSf  the  king  giving 
the  formula  within  which  the  case  is  to  be 
decided.  The  duumviri  mentioned  in  this 
passage  are  probably  to  be  identified  with  the 
quaestores  ('^  examiners  "  or  "  inquirers  "),  the 
institution  of  whom  is  ascribed  to  the  regal 
period  and  especially  to  the  reign  of  Tullus 
Hostilius  (Tac.  Ann.  xi.  22 ;  Dig.  1,  13,  "  iU 
Tullo  Hostilio  rege  quaestores  fnisse  certum 
est "),  and  who  are  said  originally  to  have  per- 
formed the  duties  afterwai^s  exercised  by  the 
triumviri  capitales  (Varro,  L.  L.  v.  11).  That 
it  became  the  duty  of  the  king  in  tne  more 
important  cases — ^those  especially  involving  the 
ca^fvA  of  a  Roman  citizen — to  employ  a  con- 
silium of  some  sort  is  stated  in  the  charge 
brought  by  Livy  against  Tarquinius  Superbus 
(Liv.  i.  49,  ^  cognitiones  capitalium  rerum  sine 
consiliis  per  se  solus  exercebat ") ;  but 
whether  such  a  consilium  is  to  be  identified 
with  the  judices,  such  as  the  duumviri,  to  whom 
the  king  relegated  a  case,  or  whether  they  were 
a  board  summoned  to  advise  him  when  he 
exercised  his  own  personal  jurisdiction,  cannot 
be  determined.  We  are  told  further  that  all 
civil  jurisdiction  was  performed  in  the  king's 
courts  (judiciis  regiis,  Cic.  de  Rep.  v.  2,  3),  and 
that  these  were  generally  relegated  to  judices 
along  with  a  formula  such  as  that  given  in 
criminal  jurisdiction  we  may  well  believe 
(Dionys.  iv.  25).  From  the  trial  of  Horatius 
given  by  Livy  (i.  26)  two  further  facts 
appear  which  have  been  noticed  already,  and 
are  important  as  showing  both  the  limits  and 
the  powers  the  Roman  jurists  assigned  to  the 
king  s  jurisdiction,  both  of  which  are  amply 
borne  out  by  such  revivals  of  the  kingly  power 
as  meet  us  in  later  Roman  history.  One  is  the 
fact  that  the  king  has  no  power  to  pardon; 
pardon  resides  with  the  people,  the  ultimate 
sovereign.  The  other  is  the  fact  that,  though 
the  provocatio  existed  in  the  regal  period  (Livy, 
/.  c. ;  Id.  viii.  33 ; — Cic.  pro  Mil.  3,  7 ;  (£?  Rep. 
ii.  31 ;  Festus,  s.  v.  aororium  tijillum,  p.  297),  yet 
the  citizens  have  no  standing  right  of  appeal 
against  the  king  like  that  secur^  by  the  Lex 
Valeria.  The  king  Tullus  Hostilius  allovts  the 
appeal  (Liv.  i.  26,  ^  Si  a  duumviris  provocavit 
provocatione  certato  ;*'  Id.  §  8,  '*  auctore  Tullo 
*  provoco '  inquit  **) ;  and  the  fact  that  the  appeal 
might  not  have  been  so  allowed,  and  was  a 
matter  not  of  law  but  of  constitutional  usage,  is 
shown  by  the  similar  freedom  of  the  early 
dictatorship  from  the  necessity  of  allowing  the 
appeal  (Liv.  ii.  18,  iii.  55 ;  Dionys.  v.  75.  In 
Liv.  viii.  33,  where  the  dictator  is  appealed 
against,  the  instance  of  Horatius  is  taken  to 
show  that  the  king  had  allowed,  and  therefore 
the  dictator  should  allow,  the  appeal).  The 
limitations  of  the  king's  power  came  here,  as 
elsewhere,  not  from  the  force  of  law,  but  from 
the  necessity  of  observing  formalities  once 
established.  The  existence  of  the  senate  and 
the  custom  of  the  provocatio  formed  the  two 
permanent  checks  on  the  capricious  exercise  of 
his  power.  His  rights,  too,  were  everywhere 
balanced  by  duties  which  precedent  had  estab- 
lished, and  which  are  especially  apparent  in 
matters  of  religion,  of  which   we  know  most 


from  the  survival  of  these  duties  in  the  person 
of  the  Rex  Sacb6rum  (bee  that  article). 
Although  in  the  civil  organisation  of  republican 
Rome  a  continuity  is  traceable  with  that  of  the 
monarchy  (and  indeed,  if  it  were  not,  we  could 
not  hope  in  any  degree  to  reconstruct  the 
latter),  yet  it  is  none  the  leas  true  that  the 
abolition  of  the  monarchy  was  an  act  of  revolu- 
tion not  justified  by  the  theory  of  the  consti- 
tution. The  justification  is  usually  found  by 
Roman  writers  in  the  character  of  the  last  king, 
who  had  broken  through  the  constitutional 
usages  of  the  monarchy  (Liv.  i.  49,  4),  and  abore 
all  had  never  challenged  the  allegiance  of  the 
people  (Cic.  de  Rep.  ii.  24,  44).  That  there  was 
some  fearful  abuse  of  the  kingly  power  by  one  of 
its  representatives  is  shown  not  merely  by  the  fact 
of  the  revolution,  but  by  the  associations  which 
immediately  gathered  round  the  words  rex  and 
regnum,  and  remained  connected  with  them  to 
the.  close  of  the  Republic  (Cic  de  Rep.  ii.  30), 
thes^  names  becoming  still  more  hateful  as 
contact  with  the  outer  world  made  the  Romans 
realise  in  single  rule  only  the  evils  of  Oriental 
despotism  (cf.  Liv.  iL  8;  Plat.  Poplic  12; 
Dionys.  v.  19).  The  mere  charge  of  regwum  adfeo- 
tatttm  often  proved  the  ruin  of  eminent  men  in 
Rome,  such  as  Sp.  Maelius  and  Hb.  Gracchus 
(Cic  ib.  27),  and  lastly  of  the  dictator  Caesar 
(Cic  ad  Fam.  xi.  27,  8 :  cf.  ad  Qu.  Fr.  u  2,  16 ; 
ad  Att.  viii.  11,  3). 

(Mommsen,  Staatsrecht,  iL  pp.  1-17 ;  Id. 
ffist.  of  Rome,  bk.  i.  ch.  iv.  pp.  66-70 ;  Walter, 
Gesch.  d.  rdm.  Rechtg,  §  17,  2nd  edit. ;  Becker, 
Handbuch  der  rdm.  AlterthOmer ;  A.  Schwegler, 
Romiache  Geachichte,  vol.  L  pp.  1-127  ;  Sir  G.  C. 
Lewis,  op,  cit,  voL  i.  cb.  iii. ;  and  Seeley,  Xtry, 
bk.  i.  Introd.)  [A.  H.  G.] 

BEX  NEMOBENSIS,  the  priest  of  Diana 
in  the  grove  by  the  lake  of  Nemi,  near  Aricia. 
Tradition  speaks  of  Virbius,  an  ancient  king  of 
Aricia  (in  legend  identified  with  Hippolytus),  as 
founder  of  this  priesthood  (Verg.  Ain,  vii.  761 ; 
Serv.  ad  loc. ;  cf.  Ov.  MeL  xv.  497,  Fast.  vi. 
756 ;  Pausan.  ii.  27>     The  peculiarity  of  the 
office  lay  in  the  fact  that  it  was  gained  by  kill- 
ing the  holder  of  it:  the  aspirant  must  be  a 
fugitive;  according  to   Pausanias,  a  runaway 
slave :  he  must  pluck  the  golden  bough  from  a 
tree  (the  oak  ?)  in  this  grove  (Serr.  ad  Aen.  xi. 
136),  and  then  fight  with  the  priest,  whom 
Strabo  (v.  p.  239)  describes  as  going  about  ever 
on  guard  with  a  drawn  sword.    If  he  wins  in 
this  duel,  he  takes  the  office  and  title  of  the 
slain :  if  he  falls,  the  priesthood  is  unchangeilr 
till  a  stronger  assailant  comes  (cf.  Suet.  Cai.  35). 
There  were  probably  vestal  attendants  on  Diana 
(for  she  is  spoken  of  as  ••  Vesta,**  OrelL  Jnscr. 
1453),  and  the  grove  was  sought  by  women  wish- 
ing to  bear  children,  who  hung  garlands  and  votive 
tableU  (Ov.  Fast.  iii.  266  ;  Stat.  SUv.  iii.  1»  ^6): 
at   an  annual   purification,  perhaps  a  harvest 
feast,  there  was  a  procession  with  blazing  torches. 
Over  all  this  the  Rex  presided,  perhaps,  ss  tome 
think,  in  early  times  with  human  sacrifices  akin 
to  those  of  the  Tauric  Artemis ;  perhsps  him- 
self, in  the  last  combal,  the  only  victim.    ^^' 
Frazer,  in  his  Ooiden  Bough,  has  with  gr&it 
learning  and  ingenuity  offered  an  explanation  ot 
the  myth.     He  conceives  this  Rex  not  to  hsye 
been  (like  the  Rex  Sacboritx)  the  surviral,  in 
priesthood  alone,  of  a  monarchy  both  temporal 


REX  8ACB0BUM 

and  priestlj;  but  to  have  been  originally  re-  | 
garded  as  divine,  the  incarnate  spirit  of  the  wood, 
whoce  office  and  fertilising  power  passed  by  a 
violent  death  to  his  snccessor,  because  his  death 
by  natural  decay  would  have  implied  the  wasting 
of  the  regetuble  world.  The  golden  bough  is 
taken  to  be  the  mistletoe  (cf.  Plin.  H,  N.  xvi. 
§  249),  therefore  pointing  to  this  grove  as 
the  seat  of  a  primitive  Aryan  worship,  like  that 
which  the  Dniids  of  Gaul  preserved.  Whether 
the  fugitive  slave  represents  the  flight  of  Orestes, 
or  some  older  symbolism  like  that  of  the  scape- 
goat, is  a  further  question,  as  also  whether  the 
conjunction  of  Diana  and  Virbius  is  to  be  oom- 
pax^  with  that  of  Jsis  and  Osiris.  For  full  dis- 
cussion, see  Fraxer,  The  QMcn  Bough  (1890) :  his 
arguments,  by  the  nature  of  the  case,  must  fall 
short  of  positive  demonstration,  but  at  least 
aflbrd  the  most  probable  explanation  which  has 
yet  been  presented.  [Q.  £.  M.] 

BEX  SACBCXBUM.  In  this  form,  or  as  rex 
9acHanf  the  title  is  always  found  in  inscriptions 
(C  /.  L,  vi.  2122,  &C.),  and  so  in  Plttt.  Q.  £. 
63,  r^  Ktikovfidt^  p^t  ffcucpuipoufij  and  in 
Diooys.  iv.  74,  /cpwv  Ba«ri\cvs.  The  title  rex 
aacrifiadui  is  used  in  some  post-Augustan 
writers  (liv.  iL  2,  xli.  9 ;  Qell.  x.  15,  &c);  rex 
sacrifictu  (lav,  xl.  42);  rex  sacrificiorum  (Liv. 
XX.  34)l  Cicero  speaks  of  him  aimply  as  rex 
(Mommsen,  8i4¥KUrecht,  ii.*  15). 

When  the  monarchy  came  to  an  end,  the 
chief  sacred  functions  of  Ihe  king,  and  all  that 
was  particularly  important  on  the  religious  side, 
passed  to  the  Pontifex  Maximus  [Pontifex]^  but 
a  certain  part  fell  to  the  Rex  Sacrorum,  a  priest 
who  preserved  the  name  of  king  much  as  the 
ficufi^^bs  did  at  Athens.  The  Komans  seem  to 
have  wished  to  preserve  a  continuity  in  religious 
matters,  and  not  to  deprive  the  gods  of  the 
service  of  the  king  by  their  change  of  constitu- 
tion, while  they  carefully  assigned  him  nothing 
that  could  give  him  political  weight,  and 
precluded  him  from  holding  any  other  office  in, 
the  state.  It  is  probable  that  the  ceremonies 
described  below,  which  fell  specially  to 'him, 
were  regarded  as  marking  particularly  the  royal 
priesthood.  The  office  was  not  peculiar  to 
Rome ;  there  was  a  Rex  Sacrorum  at  Tusculnm, 
Lanuvium,  Velitrae,  Bovillae,  and  perhaps  at 
other  places  (Orell.  2279;  C.  L  L,  vi.  2125, 
X.  8417 ;  Wilmanns,  1773> 

The  Rex  Sacromqx  belonged  to  the  collegium 
of  which  ihe  rontilex  Maximus  was  the  head, 
and  the  pontifices  and  flamines  were  also 
members  [Pokhfex].  (Ct  Cic  <b  Dom.  52, 
135 ;  de  hanup.  Besp,  6, 12 ;  Marquardt,  Skuita- 
verw.  iiL'  243.)  In  the  &rdo  eacerdoiwn  he 
stands  first,  above  the  three  chief  famines,  and 
at  the  priestly  banquet  he  sat  in  the  first  place, 
and  next  to  him  the  flaipen  dialis  (Gell.  x.  15, 
cf.  Fest.  p.  185;  Serv.  ad  Aen.  ii.  2;  Gell. 
XV.  27).  It  IS  probable  that  this  was  the 
place  originally  reserved  for  the  king;  and 
perhaps  also  the  appearance  of  his  wife  as 
assistant  in  the  sacrifices  which  fell  to  him, 
with  the  title  regina  saavrmn  (Fest.  p.  113; 
Macrob.  i.  15,  19;  C.  /.  L,  vi.  2123),  was  a 
remnant  of  the  king's  priestly  office  under  the 
monarchy :  the  wives  of  flamines,  however,  also 
took  part  in  sacrifices.  His  traditional  royalty 
appears,  too,  in  the  fact  that  the  pontifices 
received  the  febma  for  the  purification  from  the 


BHETOBICE  OBAPHE 


555 


Rex  and  the  flamen  dialis,  and  perhaps  also,  a» 
Mommsen  thinks,  in  his  official  residence  [see 
Reoia].  In  spite,  however,  of  these  shadows  of 
ancient  supremacy,  he  ranked  below  the  Pontifex 
Maximus  in  real  dignity  as  well  as  in  political 
importance  (Liv.  ii.  2)  [compare  Sacebdos],  and 
this  is  marked  by  the  mode  of  his  appointment ; 
and  indeed,  though,  as  was  s:iid  above,  standings; 
first  in  the  ordo  aacerdotum,  the  Rex  wns 
practically  only  a  subordinate  member  of  the 
College  of  Pontifices,  nominated  by  them, 
appointed  by  the  Pontifex  Maximus,  and  in- 
augurated by  the  augurs.  It  appears  that 
when  a  vacancy  occurred,  out  of  certain  persom^ 
nominated  by  the  College  of  Pontifices,  the 
Pontifex  Maximus  select^  the  Rex  Sacrorum, 
who  was  then  inaugurated  by  the  augurs  at 
the  Comitia  Calata  (Liv.  xl.  42 ;  Gell.  xv.  27  ; 
Marqnardt,  Staatsveno,  iii.  322,  note).  His 
office  was  for  life  (Gains,  i.  112;  Serv.  ad 
Aen,  viii.  646),  and  he  was  always  a  patrician 
(Cic  de  Dom,  14,  88 ;  Liv.  vi.  41). 

His  duties,  so  far  as  our  information  goes^ 
were  as  follows :  on  the  calends  of  eaeh  month, 
the  state  of  the  moon  having  been  announced  to> 
him  by  one  of  the  pontifices,  he  summoned  the* 
people  in  Comitia  Calata  to  the  Curia  Calabra 
on  the  Capitol,  and  announced  when  the  nones 
of  that  month  would  fall,  and  offered  sacrifice 
there  to  Janus,  while  his  wife  offered  in  the 
Regia  (Macrob.  L  15);  on  the  nones  the  people 
were  again  gathered  in  the  Arx  to  learn  from 
his  declaration  {edicttan)  what  festival  days  fell 
in  that  month,  and  he  oflered  the  aacra  nonalia 
in  aroe  (Varro,  Z.  L.  vi.  28);  on  Jan.  9 
[Aookia]  he  offered  a  ram  to  Janus  in  the 
Regia  (Fest.  p.  10;  Varro,  i.  L.  vi.  12;  0\'. 
Fast.  L  317).  For  other  ceremonies  specially 
attributed  to  the  Rex  Sacrorum  on  I  eh.  24» 
March  24,  and  May  24,  see  Reoifuoiuh. 

It  was,  as  has  been  said,  carefully  provided,, 
from  jealousy  of  the  royal  power,  that  the  Rex 
Sacrorum  should  be  cut  off  from  political  power 
and  incapable  of  holding  any  other  office  (Liv. 
xl.  42;  Plut.  Q.  S.  63;  Dionys.  iv.  74>  This 
disability  (which  did  not  exist  in  other  priestly 
offices)  was  not  always  maintained  under  the 
i^pire,  for  we  find  Cn.  Pinarius  Severus  Rex 
Sacrorum  and'  Consul  under  Trajan  (C.  I.  Z. 
xiv.  3604,  4246);  but  still  the  office  being,  as 
will  be  seen  from  the  above  account,  purely 
ceremonial,  and  regularly  divorced  from  power 
and  influence  in  the  state,  it  became  less  and  less 
coveted  (ct  Liv.  xxviii.  6 ;  xl.  42),  though  it 
remained  till  a  late  period,  at  any  rate  till  the 
middle  of  the  3rd  century  a.d.  (Trebell.  Poll. 
Vider.  duo^  6,  6).  (See  further  in  Marqnardt^, 
StaataveriB.  iii.'  321-324 ;  Mommsen,  Staattrecht^ 
ii.*  13-15.  A  general  survey  of  the  changes  in 
the  relative  importance  of  priestly  offices  will  be 
found  under  Sacerdos.)       [L.  S.]    [G.  £.  M.] 

BHETO'BICE  GRAPHE  (J^opuch  ypo^)- 
The  interpretations  of  this  expression  offered  by 
the  grammarians  differ  widely.  The  Lex.  Rhet. 
Caniabr,  p.  667,  14,  has  rits  yp^fias  (ypa^s, 
Sauppe,  Oratt.  Att.  ii.  p.  436)  &f  thrnyoy  tit  rh 
ZiKoffr^iOiov  furh  i^^lo'tun'os  *  ical  'tinplhts  iv 
r£  jcora  AiroKXiovs  irpo^aiasy  ^irropue^r  iK 
8^/Mv.  $im  yiip  Kot  iK  fiovKris  *  ofoir  c2  rk  airriL 
iio^t  r^  9^fi^  jcol  T$  fiovKn.  Meier  reads: 
(8i^  ra{^ttt)  ris  ytfi&fxaSf  hs  (cnrev  itf  r^  8^M^» 
^opu^w  ypwpiip)  thnrfoy  c2t,  t^  Zutwrriipiov 


56G 


RHETOBICE  (ViAPHE 


Ka2  'TwtptBr,s  iv  r^  Karii  AinoKKdovs  wpo9o(r(as 

{jiifurtiToi   ypct^s)    ^Tiropucfis    4k    i^ifiou,  etc. 

Har|x>cration,  a.  o.,  giyes  two  interpretations  of 

the  term:   either  it  is  a  ypa^^  iccrr^  ^opot 

ypd^airr6s  ri  ^  ^Mmos  4^  Tpa^ayros  irapd»oiM¥^ 

and  he  adds  by  way  of  explanation  Atnetp  \4y€' 

rat  K<d  wpvToifiKii  ^  Korib  wpurdi^ms  Kal  iwiaror 

riK^   il  KOT*  iwurrdrov  (cf.   Saidas,   8.  v.,  and 

Bekker,  Anecd,  p.   299,  21);  or  some  ypa^ 

were  so  called  8ti  jcot^  Bio^dpovt  v6fiovs  al  Kvrk 

^this  irarib  is  not  in  the  MSS.,  bat  was  inserted 

by   Petitus,   LegQ'   Attic,  iii.   2,   p.   347)  r&w 

Piit6pww  ypa^vd  ^tirdyoirrvu  (cf.  Suidas,  s.  v.). 

Saidas,  «.  v.,  offers  a    third    explanation:   V 

^vW^oi^o  ol  ^4frop€s  *  ov  7^  mUroj  ^iymvi(oirro 

rks  Hkos  r&p  voXoiwr  ol  p^op§s,  &^*  ^y(as, 

And  the  first  gloss  of  ^ifrnp  seems  also  to  bear  on 

the  term  in  question :   ical  voAAoif  ^plirfuuri 

irapaydypaimu  PirroptK^i  iK  fiovKfiSf  ci  <i<r^^pf  i 

Tif  yy^/aiw  itWh  fi^i  aurhs  i9tay  yr^fiiiif  ci(r- 

fiyo6fL§po$  (Bemhanly ;  r^x^"  ifyo^iupos^  MSS.). 

>Iodem  scholars  differ  as   widely:  in  Meier's 

opinion  the  ftfropucii  ypatpii  is  the  same  as  the 

irapatf6fiutf  ypa^  or  the  BoKifuurtas  iirayy€\ia 

^cf.    Wachsmuth,    Hdkn,    Alterth,    ii.    pt.    1, 

p.  294  n.) ;  Sauppe  supposes  it  to  be  the  same 

as  the  wpofioKilj  (this  is  not  likely  to  be  correct 

on  account  of  lori  7^  Ktd   4k  $«v\ris.  Lex, 

JtKet  Ccmtabr,,  1.  c) ;  and  Lipsius  (^Att  ProoeWy 

p.  248,  n.  123:  cf.  p.  325,  n.  358)  identifies  it 

with  the  clffoyycA/a:  all  however  freeing  in 

interpreting  the  term  as  meaning  a  proceeding 

lUfaitui    an  orator,  as  in  Harpocration's  first 

definition.    Yet  it  may  seem  strange  that,  if 

pirropucii  ypap^  b  merely  another  name  for  an 

titrayy^Kia  against  a  ^vrwp^  the  term   should 

not  occur  in  any  of  the  speeches  delivered  in 

such  a  trial,  and  that  the  expressions  Tpvrayiar^ 

and  4irurran'iKiif  which  Harpocration  quotes  by 

\vay  of  explanation,  are  not  found  anywhere  else. 

When    Socrates  as  ^irurr<(n}9  (Xenoph.  Mem. 

i.  I,  18)  refused  to  put  the  motion  to  the  vote, 

}ii.H  opponents  threatened  4if^%uc¥^v9i  jnd  iewdf 

yuv  (Plat.  Apol,  p.  32  B).    The  prytaneis  were 

frequently  charged  with  venality,  €.g,  Andoctdes 

is  said  to  have  bribed  them,  [Lys.]  c.  Athdoc, 

j    29 ;    cf.    Aristoph.    Pax,    905,    and    Schol. 

Thesmoph.  936,  etc. ;  but  nowhere  is  a  ypnp^ 

wpvrwnn^  mentioned.     A  different  meaning  of 

pifropik^  ypu^  may  be  deduced  from   Harpo- 

•cration's  second  explanation  (without  Petitus' 

icoT^  before  rfir  ffnrdpmp)  taken  in  connexion 

with  the  corrupt  gloss  (I)  of  Suidas,  s.  v.  f^vp, 

and  the  Lex,  Rhet,  CanUAr,^  1.  c,  viz.  that  by  it 

A  ypai^  (in   its  wider  sense  ** public    trial;" 

cf.  [Dem.]  c.  Stephan.  ii.  p.  1131,  $  9 ;  [Xenoph.] 

de  Hep,  Ath,  3,  2)  is  meant  which  was  brought 

before  a  court  (for  this  use  of  §i0'dy€ty  cf.  Dem. 

c.  Mid,  p.  527,  §  39)  by  p4rrop9s,  not  in  their 

private  capacity,  but  /icrA  i|^^(<rfiaros,  and  on 

that  account  Korii  9ta^6povs  p6fiovs.    The  ^^opcf 

were  not  a  distinct  class,  elected  and  invested  with 

a  kind  of  public  authority,  as  Petitus  supposed ; 

they  were  **  public  men  '*   who  made  it   their 

business  to  lead  the  deliberations  of  the  people, 

Ol  S^ft^  ervfifiouK^iotrr^s  koI  4w  rip  Z'Hii^  ieyop^ih- 

OKTcf  (Suidas,  s,  v, ;  cf.  Dem.  c.  Mid,  p.  575, 

§   189,  and  Schol.),  and  as    such    they  were 

distinguished    from    the    iSicvrcu,    e.g,    in    the 

»6iJMs  9Urayyt\Tue6s,  and  C,  L  A,  i.  No.  31, 1.  21, 

sic.    Sometimes,  however,  they  were  invested 


RHETBA 

with  a  kind  of  official  authority,  viz.  when  they 
were  elected  by  the  people  to  represent  them  in 
court  in  a  prosecution  of  impoilance,  wherein 
the  state  was  materially  interested  [Syneoobi}. 
Thus  when  the  Areiopagns,  by  command  of  the 
people,  instituted  an  inquiry  (fiircii^,  (kniauf 
woiutrBcu)  and  reported  (diro^j^ciy,  4Lw6^aa-iy 
woiuirBat)  to  the  popular  assembly,  the  people 
elected,  if  they  thought  fit,  men  to  bring  the 
case  before  a  court  (Dinarch.  c.  Dem.  §  51 ; 
Hyper,  c,  Dem,  col.  37);  and  that  such  miH^opot, 
or  KOT^Topof  (as  they  were  officially  styled), 
belonged  to  the  class  of  ^i^ropct,  •>.  men  skilled 
in  speaking  and  experienced  in  the  conduct  of 
lawsuits,  is  natural  (Suidas,  ^dirmp  •  mnfiyopot, 
9Mo\dyos  fcoi  6  rV  i8(ay  iaro^pmr  yr^fvnw), 
Pericles  was  chosen  for  this  office  (Plut. 
Per.  10),  Alcibiades  ([Andoc.]  c.  Alcib.  §  16 ; 
cf.  Dem.  c.  Mid.  p.  561,  §  145.  Af^ciy  Mk^l 
irritrrctfr,  &s  ^euruf^  cimu  Bcu^crrof),  Demosthenes 
(Plut.  Demosth.  10),  in  the  Harpalian  cause 
Hypereides,  Pytheas,  Menesaechmus  (Ps.-Plat. 
Vitt.  X,  Oratt.  p.  846  C),  etc  Now  the  question 
arises,  were  such  official  prosecutors  liable  to 
a  fine  in  case  they  did  not  obtain  one-fifth  of 
the  votes  at  the  trial,  as  waa  the  rule  in  all 
criminal  suits  (except  in  an  tlffepfynXia  nuc^ 
4r99tSt  and  for    a    time  in    an  tlcrayyfAla  for 

rlitical  offences;  cf.  also  Lys.  pro  Sacr.  Oieti^ 
37)?  and  this  case  did  occur:  cf.  Dinarch. 
c  Dem.  §  54,  in  ipa  woAXohs  4  /BovXJ^  4anr4' 
^tefKw  i^uttTp  rhv  9^fAO¥  ot  4tw9W9^^y»^t9 
cio'cXtf^rrcf  els  rh  ^ucarr/ipuMf  col  1^  fiovhii  iea^ 
4vim¥  rh  wifivrw  fidpos  oh  /trre/Aif^  t«p 
tfr^^y.  Demofthenes,  to  discredit  the  Aro^- 
trtis  of  the  Areiopagus,  on  which  the  popular 
assembly  relied  in  ordering  the  prosecution,  had 
emphasised  this  point.  Since  the  complainant 
in  a  wpofioK^^  who  had  merely  obtained  the 
praejiidiciwn  of  the  people,  was  not  liable  if  he 
did  not  obtain  one-fifth  of  the  votes  at  the  trial 
{Ait,  Prooeee,  ed.  Lipsius,  p.  344),^^op€t,  when 
chosen  to  act  as  public  prosecutors,  are  still  less 
likely  to  have  been  liable  to  a  fine  (/.  c.  p.  952X 
and  to  this  Harpocration  may  be  supposed  to 
point:  jcarj^  Bm^povs  wipuonn  al  rw¥  pifripmp 
ypa^  tlffdyorrai.  TC.  R,  K.]    [H.  H.] 

RHETRA  iHrpn).  This  word  U  variously 
explained  by  both  ancient  and  modern  writers. 
Hesychius,  s.  0.,  defines  it  (rv9>B^iuu  9tii  \4ytfw:  cf. 
Photius,  8.  V.  owtfiffcai,  A^i,  6ftoKoyiai.  Gilbert 
{Stud.  X,  altepart,  Oeach.  p.  140)  considers  this 
to  have  been  the  original  meaning  (e,g.  the 
covenant  of  the  nature  of  a  wager  in  Od.  xiv. 
393 ;  the  treaty  between  Eleians  and  Heraeans, 
R5hl,  Inacr.  Gr.  Ant.  No.  110  =  Hicks,  Manuaf^ 
No.  8;  cf.  /.  0,  A.  No.  118),  from  which  that 
of  '^  law "  was  deduced,  whibt  Wilamowitz 
{Homer.  Untermck.  p.  280)  looks  upon  "  cove- 
nant "as  its  only  meaning.  Yet  it  would  seem 
that  ^pa  meant  *^  law  "  {Etym.  M.  p.  703, 
^.  yap  Kterii  Amnus  6  if6fu>si  Photius,  s.  r. 
TapayT4>oi  Hh  yifiop  ical  iiXop  ilnt^irfurra)  in 
/.  0.  A.  No.  112  =  Cauer,*  No.  253,  regulating 
the  prosecution  for  witchcraft,  and  '*  decree  '*  in 
No.  113,  conferring  citizenship  on  Deucalion; 
in  Xen.  Anab.  vi.  6,  28,  it  means  a  **  revolution  " 
of  the  army  (cf.  §  2,  ^jiAffww  tio^w  eXvtu) ;  and 
king  Agis'  proposal  for  cancelling  all  debta  and 
making  a  new  distribution  of  lands  is  called  ^ifrpa 
by  Plut.  AgiSf  8,'  9,  as  well  as  that  of  Epitadeus 
for  changing  the  law  of  inheritance  (I.  ۥ  5X 


\ 


BHETBA 
la  Lye,  13    Plutarch   identifies    ^lyrpai    with 

MfT^t  U¥6fuur9pf  its  wapit  rov  $*ov  yofii(6fi9¥a 
iicofu{6fi€ifa?  cf.  6,  film  fmrrwaa^  ix  AiA^r 
KOfidiriu  w€ol  afrr^f,  ^v  f^pM^  jcaXoviriy)  icat 
XP^^f^^t  w>^o> :  <^f-  Photius,  s.  v^  wapii  Aoiecdac- 
iwpims  P^fTfa  'AvKo^pycv  vifjuos,  its  Ik  Xf^V^^ 
r*$4fU90s.  In  this  Plutarch  is  followed  by 
GiSttliog  (^Verh.  d.  Leipx,  Oes.  d.  Wittensch,  i. 
p.  136  fi:>  Oncken  iStaatsl,  d,  Aritt.  ii.  p.  332  f.), 
etc ;  since,  howerer,  oracles  were  usually  in  verse 
(Pint,  de  Pyth,  Orae.  19  specially  states  that 
these  were  given  KoraXoydhivyf  GSttling  restores 
the  verse  form,  whilst  Bergk  {FoeL  Lyr,  ii.^ 
p.  10  n.)  looks  upon  them  not  as  the  oracles 
themselves,  but  as  the  prose  explanations  of  the 
oracles  given  by  the  Delphian  priesthood. 
'Pifrpa  (from  root  ip,  F^p,  Curtius,  Gk.  Etym,  i. 
p.  428,  transl.)  may  easily  bear  all  these  mean- 
ings; in  NOMOS  instances  are  given  of  v6ijms 
being  explained  by  ffwf9liiciii  as  something 
agreed  on  by  a  community,  and  it  is  shown  how 
of  old  a  divine  origin  was  claimed  for  law  as 
•Sp^/ui  jcal  9mpo¥  Bt&if:  see  also  Grote  (^Biat. 
of  Gr.  ii.  p.  346  n.). 

Plutarch  (Lye.)  gives  four  fiifrpm,  the  first  in 
c  6,  the  other  three  in  c.  13  (but  see  Ages,  26, 
iff  rtus  KaXovfidvtus  rpitrl  Mrpoit,  and  de  Esu 
Cam.  p.  997  C,  iv  reus  fpicl  ^pats).  The  first 
runs:  Aihs  'EAAay(ov  (some  MSS.  "XvWatfiov: 
for  the  numerous  alterations  of  the  name,  see 
Thumser,  Staatsaiterth,  i.  p.  166,  n.  4)  ical 
'A9ifraf  *EAAaWas  Uphv  IZpwrd/jbtvWf  ^v\as 
^vXd^arra  leol  iffias  iffid^eoTOf  rpidKOpra  y^pov 
<riow  (rbr  iLpx^y^^^  KaratrHitrarraf  &pas  ^| 
<^ar  (tpais  i^  itp^Vt  Wilamowitz,  Jsyltos  v, 
Efid,  p.  10,  since  Isyllus  has  9ipaxs  i\  itpaw  in 
B,  1.  16)  ianXXi(uv  fura^b  Bafi^Kas  re  koI 
KmucmwoSf  o0r«f  eltrpipttw  re  md  iupteraaBof 
Mfi^  M  ri»  Kvpiay  ^fitv  (Sintenis,  9dfi^  9* 
ityopitw  el/iffv,  Coray,  etc.  MSS.  yofutZajf  yoputr 
rnnfip)  ical  Kpdros.  These  directions,  which 
Lycurgus  is  said  to  have  received  from  Delphi, 
are  fully  explained  by  Plutarch,  who  seems  to 
have  largely  drawn  on  Aristotle's  AoK^ieufioplenf 
VDAircfo.  They  are :  the  building  of  a  temple 
to  Zeus  Hellantos  and  Athena  Hellania;  the 
divbion  of  the  people  into  ^vXcU  (t,e,  the  local 
^  Pausan.  iii.  16,  9)  and  »/3ai  (0.  MuUer 
connects  rpvlacoma  with  itfids,  but  it  would  be 
strange  if  the  number  of  the  «/Bal  were  given 
and  that  of  the  ^vKel  omitted) ;  the  establish- 
ment of  the  y^povctOf  consisting  of  28  yipomts 
(cf.  c.  5,  SII&  fin.)  with  the  two  kings  (Ulrichs, 
Hhem.  Mut.  1848,  p.  210,  adds  wpeafivy^ytas 
after  rptdmrra  from  Plut.  eai  terie^  etc.  10:  9th 
r^¥  fUr  i¥  AamitUfAOVt  wopafirvxtfcicray  iiptaro' 
KpvrUuf  ro7s  /icuriXf  wriv  6  Tl^tos  wpte'fitrvwita, 
d  9k  Amcovpyos  itrriKpus  yipovras  wifuurtv. 
Gdttling,  /.  c.  p.  342,  and  Curtius,  Ch.  Gesch.  i.* 
p.  654,  n.  31,  consider  rptdjcotna  a  late  addition) ; 
the  catling  together  of  the  people  at  the  time  of 
the  full  moon  (Schol.  Thuc.  i.  67,  rhv  9l»06ra 
Xdyei  (^SAAoyov  9ri  i¥  weanrtkiwtf  iylyvtro  &el) 
between  Babyca  and  Cnacion  (Aristotle  and  the 
other  commentators  do  not  agree  as  to  the 
locality  meant;  but  see  E^cleti).  EiV- 
^pear  evidently  refers  to  the  function  of  the 
gerousia  **  to  bring  forward  proposals,"  but  the 
meaning  of  k^lffra4TBai  is  not  so  clear ;  G5ttling 
(/.  c  p.  339)  and  Ulrichs  (/.  c.  p.  231)  refer 
o^foraof  ai  too  to  the  gerousia,  and  translate  it 


BHETBA 


667 


''withdraw  a  proposal;'*  Grote  (/.  c  p.  346  n.^ 
takes  it  to  mean  "to  put  the  question  for 
decision ;"  Meyer  {Rhein.  Mw,  1887,  p.  84  n.), 
following  one  part  of  Plutarch's  explanation 
(SioA^ciy  rhp  9riiM¥)y  translates  it  *'to  dissolve," 
whilst  Gilbert  (/.  c.  135  f.),  accepting  the  other 
part  (ji^  nvpovw)^  explains  it  **to  refuse,"  so 
that  it  refers  to  the  function  of  the  &WAAa,  viz. 
to  their  {wwer  of  rejecting  the  proposals  of  the 
gerousia. 

Later  on  the  kings  Polydorus  and  Theopompus 
added,  according  to  Plutarch,  c2  8^  0-koAi^  b 
9apuos  ^Aorro,  ro^f  wptefivytwtas  tud  iipxoyiras 
iatwrrar^pas  ^Ifup,  and  managed  to  represent 
this  clause  as  likewise  ordained  by  the  god.  To 
prove  this,  Plutarch  quotes  three  distichs, 
which  he  ascribes  vaguely  to  Tyrtaeus  {As  wou 
Tvprmos  ^vi/i^^u^rai) ;  IHodorus,  who  follows 
Ephorus  (vii.  14, 5),  quotes  the  second  and  third 
of  them  with  slieht  verbal  discrepancies  (he  has 
edtfcftfy  ^peus  a.  instead  of  evOelais),  but  does 
not  assign  them  to  Tyrtaeus ;  besides,  his  first 
is  difTereot  from  the  one  given  by  Plutarch,  and 
he  adds  two  more.  There  is,  therefore,  very 
slight  reason  for  considering  these  three  distichs 
quoted  by  Plutarch  as  a  fragment  from  Tyr- 
taeus' EivofdOf  and  dating  so  far  back  the 
notion  of  the  Delphian  origin  of  the  Spartan 
constitution  (cf.  Herod,  i.  65). 

Triebner  {Fbrschungen  x.  epart.  Verfassungs- 
geach.)  declares  this  rhetra,  as  well  as  Aristotle's 
commentary  on  it,  to  be  a  late  forgery ;  but  that 
it  was  generally  known  as  a  genuine  document 
of  Lycurgus  in  the  beginning  of  the  third 
century  is  evident  from  the  allusion  to  it  in 
Isyllus  of  Epidaurus  (/.  c.  p.  23  E,  1.  14  f.) : 
when  Philip  marched  against  Sparta,  Asclepius 
promised  to  help  the  Lacedaemonians, 

ovmxa  rovf  ^ijftov  xP*l<nM>Vf  aw^onri  tutmims 
cXft  §uumvaatitrofS  tnpira^t  n6\^t  Avxovpyof . 

Grote  (/.  c.  p.  355  n.)  calls  this  rhetra  "  the 
primitive  constitutional  rhetra  of  Sparta,'* 
which  Lycurgus  brought  with  him  from  Delphi. 
Gilbert  (/.  c.  p.  140  if.)  sees  in  it  the  covenant 
made  by  the  three  communities — the  Agiadae^ 
Eurypontidae,  and  Aegidae— on  uniting  into  one 
community  (jmnwitiefies),  viz.  Sparta.  Wila- 
mowitz {Ifomer.  Unters.  p.  280  f.)  considers  it 
to  have  been  the  covenant  between  the  king 
(he  takes  *'  the  king,"  not  Lycursus,  as*  Plutarch 
does,  to  be  the  subject  of  /Spvcrd^cvoy,  etc.)  and 
the  8a/iOf,  t.e.  the  aristocracy.  Busson  (^Lyhir- 
go8  u.  d.  grosse  Bh,  p.  21)  connects  it  with  a 
constitutional  change  effected  by  Lycurgus, 
through  which  the  state  was  made  to  include 
all  those  of  Dorian  blood,  whether  of  noble  birth 
or  not.  Meyer's  view  (/.  c.  p.  85  f.)  seems  the 
most  probable,  viz.  that  this  rhetra  was  not 
the  basis  on  which  the  Spartan  constitution 
has  been  built  up,  but  was  simply  the  main 
features  of  that  constitution  reduced  to  a 
formula  about  half  a  century  before  the  time 
of  Aristotle. 

This  explanation  applies  also  to  the  other 
^nrpat,  which  were  merely  general  formulae,  and 
by  no  means  explicit  laws.  The  2nd  rhetra  runs, 
M^  XP^^^  r^fuM5  iyypd/^ts,  ue,  the  Lacedae- 
monians had  no  written  code  of  laws,  never 
going  beyond  the  stage  of  customary  law 
rKOMOfl];  the  3rd,  9wus  oUia  inura  r^r  /i^v 
opo^tf  eewh  TcA^KCWf  elpyoffpiiviiv  lx]?»  f^  '^ 


558 


RHOMBUS 


RHTTHHIGA 


6upas  iarh  wplovos  tUvov  ical  /it|8cy2»s  r£¥  ti\k»tf 
Vp7aA<W :  and  the  4th  forbade  iwl  rovs  a^ohs 
TcoKMftiavs  arpOTt^ty,  Xva  fiii  woWdxis  kfUvtirOai 
4rvvt0tC6fitvoi  iroXcfujcoi  yivwrrai,  [H.  H.] 

RHOMBUS.    rruRBO.] 

BHOMPHAEA.    [Gladius.] 

BHYTHMIOA.  The  sources  from  which  oar 
knowledge  of  Grvtek  rhythm  is  to  be  drawn  are 
the  following :  the  remains  of  Greek  poetrj  and 
music,  and  the  extant  Greek  and  Latin  writing 
on  rhythm  and  metre.  None  of  these,  however, 
are  altogether  trustworthy  or  complete.  The 
most  important  is  the  first  mentioned,  and,  in 
regard  to  the  simpler  kinds  of  metres,  the  form  of 
a  metricsil  composition  is  generally  sufficient  for 
the  determination  of  its  approximate  rhythmical 
value ;  but  with  lyrical  poetry  this  is  not  usually 
the  case,  for  the  same  combination  of  long  and 
short  syllables  may  be  capable  of  diflerent 
rhythms,  and,  even  where  the  feet  into  which  a 
metrical  composition  falls  are  sufficiently  obvious, 
there  is  still  a  further  question,  not  to  be  deter- 
mined by  the  metrical  form  alone,  as  to  the 
larger  groups  (*' sentences,"  *' periods,"  &c) 
formed  by  combination^f  the  feet. 

The  existing  remains  of  ancient  music  consist 
of  three  '*  hymns,"  none  of  them  probably 
earlier  than  the  middle  of  the  second  century 
A.D.,  and  a  few  fragments  of  instrumental 
music  (apparently  of  the  nature  of  exercises) 
preserved  by  an  unknown  writer  of  uncertain 
date  [see  MasiCA].  These,  though  they  furnish 
some  important  data,  are  yet  too  fragmentary 
and  too  late  to  throw  much  light  on  the  rhythms 
of  the  classical  period  of  Greek  music.  Of  the 
writers  on  rhythm  whose  works  have  been  at  all 
preserved,  the  first  in  order  of  time  and  im- 
))ortance  is  Aristoxenus  (fourth  century  B.C.). 
Though  he  lived  more  than  a  century  later  than 
the  time  at  which  Greek  poetry  and  music  at- 
tained their  highest  development,  he  was  still 
thoroughly  acquainted  with  the  music  of  that 
time ;  but,  unfortunately,  his  rhythmical  works 
are  preserved  only  in  a  fragmentary  condition. 
The  writings  of  later  theorists  are  chiefly  valu- 
able in  so  far  as  they,  are  based  on  Aristoxenus. 
The  writers  on  metre  (i.e.  that  species  of  rhythm 
which  is  exhibited  in  the  measurement  of  sylla- 
bles) are  all  of  late  date,  and  are  for  that  reason 
to  some  extent  untrustworthy.  They  are  not 
acquainted  with  the  music  of  the  classical  period, 
and  their  purely  metrical  point  of  view  is  in- 
applicable to  the  less  obvious  forms  of  metre  in 
which  the  long  syllable  is  not  invariably  equal 
to  two  short  syllables,  and  in  which  feet  of  appa- 
rently difi*erent  values  (tf.^.  trochees  and  dactyls) 
are  mixed  together.  The  most  important  of  the 
extnnt  treatises  on  metre  is  the  4yxftpt9u>y  of 
Hephaestion  (second  century  A.D.). 

Rhythm  in  its  strict  sense  consuts  of  a 
continuous  succession  of  short  equal  intervals 
of  time,  marked  off  from  one  another  as  sepa- 
rate groups  by  the  alternation  of  an  accen- 
tuated and  an  unaccentuated  element.*     These 


*  We  are  not  hers  concerned  with  the  more  general 
sense  of  the  word  (as  e.^.  when  we  speak  of  the  rhythm 
of  pTOM).  in  which  it  is  used  of  a  combination  of  longer 
and  shorter  sounds,  which  produces  on  the  ear  a  general 
impression  of  proportion  and  orderlj  arrangement.  It 
must  ftirther  he  noticed  that  the  word  "  accent "  is 
nrabiguouB.    It  is  here  applied  to  the  $tn$9  or  ictus 


intervals  may  be  marked  in  different  ways,  e^, 
by  musical  sounds,  or  by  syllables,  or,  as  in 
dancing,  by  the  motions  of  the  body  (appealing 
to  the  eye  rather  than  the  ear).  In  order  that 
a  sense  of  rhythm  may  be  produced  it  is  not 
enough  for  the  sounds  to  occur  simply  at  equal 
intervals:  thus  there  is,  strictly  speaking,  no 
rhythm  in  the  ticking  of  a  clock,  for  each  tick 
being  equal  in  intensity  the  ear  by  itself  does 
not  necessarily  divide  the  sonnds  into  groups  or 
rhythmical  divisions. 

The  groups  into  which  a  succession  of  sonnds 
fall  are  clearly  recognised  only  when  a  sound 
more  intense  than  its  neighbours  occurs  at  equal 
intervals  of  time.  This  accentuated  part  of 
each  group  is  called  by  Aristoxenus  fiifftSf  by 
the  earliest  writers  after  Aristoxenus  Bdtru. 
The  unaccentuated  part  is  called  ipa-ts.  Other 
names  are  for  the  *^  thesis,"  6  xdrw  "xpivos  or  rh 
Kdrw ;  for  the  "  arsis,"  ^  &rw  XP^'  ^^  ^^  '^'^ 
(so  in  Plato,  Bep.  3,  p.  400,  and  in  Anstoxenos, 
p.  288,  ed.  Hon).  All  these  terms  originated  in 
the  fact  that  the  accentuated  portion  of  the 
group  was  marked  by  setting  down  the  foot,  the 
unaccentuated  by  lifting  it  up.  Confusion  is, 
however,  caused  by  later  writers  using  the 
terms  **  arsis  "  and  "  thesis  "  in  different  senses. 
Sometimes  they  are  applied  to  the  raising  and 
lowering  of  the  voioey  so  that  *' arsis"  denotes 
the  accentuated,  and  thesis  the  *'  nnaooentoated  " 
beat.  This,  which  is  the  exact  opposite  of  the 
original  meaning  of  the  terms,  is  the  sense 
given  to  them  by  most  modem  writers,  fol- 
lowing the  example  of  Bentley.  In  Marina 
Victorinus,  p.  2482,  the  two  meanings  are  given, 
apparently  without  any  sense  of  their  incon- 
gruity, **  est  enim  arsis  suUatio  pedtia  sine  sono, 
thesis  positio  pedU  cum  sofi» :  item  arsis  elatio 
temporis  soni  voctt,  thesis  deposit io  et  qnaedam 
contractio  syllabarum."  Sometimes  a  wholly 
different  meaning  is  given  to  the  terms,  *^  arsis  " 
denoting  the  first  element  of  the  foot  in  order 
of  succession,  ^  thesis "  the  second ;  then  the 
"  arsis  "  of  the  iambic  is  the  short  syllable,  the 
"thesis"  the  long,  and  vioe  verm  with  the 
trochee  (so  e,g,  in  Marius  Victorinus,  p.  2487). 
In  this  article  the  words  are  used  in  their  original 
senses. 

The  Syllable,  —  Rhythm  when  applied  to 
language  is  marked  by  an  alternation  of  accen- 
tuated and  unaccentuated  syllables.  In  Greek 
and  Latin  there  is  a  further  distinction  between 
long  and  short  syllables.  The  rhythmical  groups 
or  **feet"  are  generally,  but  not  invariably, 
marked  by  an  alternation  of  long  and  short 
syllables,  the  **  ictus  "  falling  more  frequently 
on  the  long  than  on  the  short  syllable.  The  long 
syllable  in  its  normal  value  is  equal  to  two  short 
syllables,  but  there  is  evidence  that  this  was  not 
the  only  value  of  the  long  syllable.  The  anony- 
mous writer  wcpl  luvtrutrisy  who  has  preserved 
the  musical  exercises  already  referred  to,  states 
(§  1,  ed.  Bellermann)  that  the  long  syllable  has 
sometimes  the  value  of  three^  four,  and  even  five 


upon  a  syllable  or  sonnd,  which  is  produced  with  gresler 
force  or  intensity  than  its  neighbours.  Properly,  how- 
ever, the  term  denotes  fiUik.  The  6re^  accent  Is  a 
pitch  accent :  thus  the  acute  accent  marks  the  syllable 
on  which  it  is  placed  as  being  pronoonced  on  a  blgfafr 
pitch  than  the  other  syllables  In  the  wonL  The  ■*  Ictos  ** 
is  In  Greek  independent  of  the  plloh  accent. 


RUYTHMIGA 

r^hort  syllables,  the  symbols  of  these  values  being 
;i»  follows : — 

k-  ftyr  the  long  sylUble  which  =  three  short  sylUbles. 

=  four 
=  flve 


UUYTHlilCA 


\  559 


»• 


The  short  syllable  being  regarded  as  the  usual 
unit  of  time,  not  farther  divisible  (called  by 
Aristoxenus  XP^wos  irfmros,  later  cni/ueioy),  the 
long  syllable  may  be  either  Zixfiovos  (or  8(<n)juor), 
rpixpiifos  irpieiiiios),  rwrpdxpo^s  (Trrpcknifies), 
or  wtwrdxpi'os  (vtrrdtnifios).  According  to 
Pseodo-Eudid,  ^Itrmymyii  apftoyucfit  p.  22,  ed. 
Meibom.,  it  appears  that  the  name  rorii  was 
applied  to  the  prolongation  of  the  long  syllable 
ijeyond  its  nsoal  value  (roi^  84  i^  iwl  wXtlotm 
Xp^yor  fuu^  tearii  /ilta^  yiwofidrri  wpofopiuf  v^f 
<^r9f).  The  Anonymus  (§  3)  also  refers  to 
pauie9  (jttwiij  sc  xp6vot)  as  constituent  elements 
in  rhythm,  and  enumerates  four  kinds — ^viz.  the 

A,  Mv^  fipmx^  (or  A«M*fia«  Arlst.  Quint,  de  Mut. 
pp.  40,  41,  ed.  Meibom.=  one  short  syllable). 

;^,  mnht  |M«p6«  (or  vp^««wif,  iMd.  s  one  long 
8yUable> 

^,  K«^  ^Mp^  rpcxpo*«v  =  three  short  syllables. 

^t  Kttrht  it*uit>^  Ttrpaxpoffot  =  Ibur  short  syllables. 

Fnim  the  musical  notation  of  the  **  hymns," 
already  referred  to,  it  appears  that  the  long 
^rllable  equal  to  three  short  syllables  is  some- 
times noted  by  a  pause  ^  placed  after  the  note 
4;ii  which  the  long  syllable  falls. 

Aristoxenus  (p.  292,  ed.  Mor.)  also  speaks  of 
A  quantity  which  is  intermediate  between  the 
normal  long  and  the  normal  short,  which,  if  the 
Hhort  syllable  be  taken  as=l,  will  be  represented 
by   1^.      A  foot  in   which  the    thesis   is    to 
the  arsis   in  the    'Mrrational"   proportion   of 
'J  :  1|  ts  called  by  Aristoxenus  x^<«>'  ^^OTO^* 
.inl  is  probably  to  be  identified  with  the  spondee, 
which  is   often  found   in  trochaic  and  iambic 
inetnes  in  the  even  and  odd  places  respectively, 
if  this  be  so,  the  long  syllable  in  the  arsis  of 
trochaic  and  iambic  feet  is  of  abnormal  value 
=  1|  instead  of   2.      According  to    Bacchius 
{u^aymyii  r^x^^'  fiouirucnst  p*  23,  Meibom.)  the 
*-xtct  measurement  of   the    &\o7os  x^^^^  ^^ 
<iitiicult  to  determine,  but  it  is  shorter  than  the 
iiurroal  long,  and  longer  than  the  normal  short. 
The  Foot. — ^The  smallest  rhythmical  groups 
marked  by  alternation  of  thesis  and  arsis  are 
called  ^'feet"  (w^ff,  pede9).     These  feet  are 
divided  into  three  genera,  according  to  the  rela- 
tion between  the  thesis  and  the  arsis.     Feet  in 
which  thesis  :  arsis  : :  2  :  1,  as  e^,  the  trochee, 
})«long  to  the  7/^09  SiwAdo'ioy  or  iafA0uc6v ;  those 
in  which  thesis  :  arsis  : :  2  :  2.  as  e.g,  the  dactyl, 
to  the  y4¥os  tmnf  or  ZtuervKuciv ;  those  in  which 
thesis  :  arais  : :  3  :  2»  to  the  yipos  ii§iu6Ktow  or 
TOMMK^K.  t  The  genera  are  further  divided  into 
'>}>edes  according  to  the  relative  position  of  thesis 
and  arsis.    Thus  the  TfVai  texdcrjoy  comprises 
the  species  of  the  iambus  w  -  in  which  the  arsis 
)»reccdes  the  thesis,  and   the  trochee   i,w   in 
which  the  thesis  precedes  the  arsis ;  the  7ffVos 
Iffow   comprises    the   anapaest    w  w  ^   and   the 
•Isctyl  Iww. 

The  y4pos  nustriactfv,  according  to  Hephaestion, 
c.  13,  comprises  three  species — the  cretic  .  «#  •, 
the  bacchiac  w  • .., and  the  palimbacchiac  .  •  «#. 
The  latter,  however,  is  said  to  be  nnfitted  for  use 


in  music  (i»€wirii9u6p  iffri  wphs  /icXowo  Joi^,  ibid, ) 
Moreover,  as  will  be  seen,  the  scholiast  on  He- 
phaestion (page  125,  ed.  Westphal)  asserts  that 
the  paeonic  genus  was  not  subdivided  into  species. 
There  seems,  therefore,  to  be  some  confusion  and 
contradiction  in  the  doctrines  of  the  metricians 
on  this  subject.  As  to  the  relation  of  thesis  to 
arsis  it  appears  from  Marius  Victorinus  (p.  2483) 

that  the  thesis  was  to  the  arsis  sometimes  as 

thesis    arsis 
3  :  2,  sometimes  as  2  :  3,  t>.  either  "ZTZ  w  1  '^~Z 

arsis  theitls 
or  ";r;;w  I  Zli*  From  the  analogy  of  the  paeon 
epibatua  (see  belowX  and  from  the  fact  that  the 
paeon  is  sometimes  combined  with  the  trochaic 
dipodies,  it  may  be  inferred  that  the  foot  was 
sometimes  treated  as  if  in  compound  time  (see 
below),  Ctf.  £  ^  I  ^  ^ .  Baochiua  (p.  25,  Meibom.) 
says  that  the  jweon  is  cMwros  iit  x^^  (= 
trochee  .  w)  koI  7fytfi6pos  (=:pyrrich  w  w). 

Those  species  of  feet  which  conUin  an  equal 
number  of  units  of  time  are  classed  together, 
and  the  union  under  one  class  is  called  ^wiirXoic^ 
(Schol.  to  Hephaest.  p.  136,  ed.  Westphal,  iwt- 
*Kok4i  iim  rod  /lir/wu  rh  hf&rvTw  ydvos  4^ 
lis  rk  fi^pa  yimaiy.  Of  these  iwtwKoKoi,  ac- 
cording to  the  same  passage,  there  are  at  least 
three,  viz. : — 

(1)  The  4wiw\oKii  rpiffniios  9vaZue^  i-e»  that 
of  the  trochee  and  the  iambus  in  the  7^1^01 
8<ir\d<rioy,  called  rpi(nifios  because  each  foot= 
three  units  of  time,  and  8ua9iie^  because  the 
genus  contains  two  species. 

(2)  The  ^irisrAoarJ)  rwrpdffrifias  dvaBiK^y  ue,  that 
of  the  dactyl  and  the  anapaest  in  the  y4ifOS  Xffw. 

(3)  The  ^ircirXoic^  ^|d<ri|fiof  rtrpaSiic^.  This 
comprises  the  Uovuthv  lewh  /ulforos  ^-w,  the 
Xopici/Afiuchy  1  w  w .-,  the  UuftKhv  &r*  ixdaadwos 
wwX«,  and  the  iurrurweurruthv  w..-w.  The 
"  antispast "  is  due  to  a  mistaken  interpretation 
of  certain  metres,  founded  on  their  apparent 
metrical  value.  This  iwnrXoKii  may  be  regarded 
as  another  form  of  the  7^iros  SiwAiUriov,  the 
thesis  being  to  the  arsis  as  4  :  2  =  2  :  1. 

In  this  classification  of  the  /wirXoieal  the  y4iM>s 
woMvuchp  is  omitted,  and  this  omission  is  shown 
not  to  be  accidental  by  the  assertion  of  the 
Schol.  to  Hephaestion  (p.  125,  ed.  W.),  rh  9k 
itaufvuthy  iwiwXoKiiif  obx  lx<*- 

The  metres  which  are  combined  in  each  genus, 
as  e,g.  the  trochaic  and  the  iambic,  are  said  to 
be  opposed  to  one  another,  iamvaBii  (Schol.  to 
Hephaest.  p.  155,  ed.  W.).  Those  feet  which 
are  composed  of  two  or  three  syllables,  e.g, 
-V,  w.,  and  .WW,  WW.,  are  said  to  be  rris 
irpi&rfis  irrnraBtias :  those  which  are  composed 

of  four  syllables,  e,g. ww,  ww..,  rris  Bcv- 

r4pas  hyriroBtlas  (Schol.  to  Hephaestion,  p.  208, 
ed.  W.). 

As  to  the  notation  of  the  metres  which  fall 
under  these  genera,  it  must  be  observed  that  even 
those  species  which  begin  with  the  arsis  nre  in 
modem  books  often  noted  as  if  the  foot  began 
with  the  thesis,  just  as  in  modem  music  the 
**  bar  "  begins  with  the  accentuated  note.  Thus 
the  iambic  dipody  is  noted  w  |  .w  |  ..  In 
such  metres  the  'first  arsis  was  by  Hermann 
called  the  **  anacrusis,'*  a  name  which  has  been 
adopted  by  other  modem  writers. 

Some  of  the  feet  given  above  are  usually  com- 
bined in  couples,  the  ictus  on  one  foot  being 
stronger  than  the  ictus  on  the  other  with  which 
it  is  combined.    The  feet  wMch  are  usually  thus 


560 


RHYTHMICA 


RHYTHMICA 


combinexl  are  the  trochee,  the  iambus,  and  the 
anapaest:  ^^^^9  w-w-»  wwJtww^*  ^*c- 
tyls  were  sometimes  so  combined  (Schol.  He- 
phaest.  p.  174  W.),  but  more  frequently  treated 
as  single  feet.  The  combination  of  the  two  feet 
differs  from  the  single  foot  as  in  modem  music 
compound  from  simple  time.  Thus,  if  the  tro- 
chee be  regarded  as  =  the  ]  time  of  modern 
music,  the  combination  of  the  two  trochees  =  J 
time.  A  verse  which  is  scanned  in  double  feet  is 
said  Korit  <rv(vy£ay  fiaiwtffBatf  and  the  combina- 
tion of  two  feet  is  called  a  SnroSfo,  fidtrts,  or 
fiirpoy.  Hence  the  iambic  line  of  six  feet  is 
called  a  trimeter,  the  anapaestic  line  of  four 
feet  a  dimeter,  &c.  4¥hen  two  feet  are  thus 
combined,  the  strongest  ictus  may  fall  either 
upon  the  first  or  upon  the  second,  e^,  cither 

Iwlw  ^^  ilwt.w*  When  iambi  or  trochees 
are  thus  combined,  except  in  certain  cases  at  the 
close  of  a  line,  a  long  syllable  can  be  substituted 
for  the  short  syllable  at  the  end  of  each  couple 
of  feet  in  the  trochaic  verse,  at  the  beginning  of 
each  couple  in  the  iambic,  thus :  .w-3,  ~.w.. 
The  combination  .  ^  -  .  was  in  metrical  treatises 
called  iwtrpiTost  because  the  relation  of  the  second 
foot  to  the  first  appeared  to  be  in  the  propor- 
tion of  4  :  3  (iwlrptros  K^yos),  In  reality,  as 
has  been  seen,  it  is  probable  that  the  relation  was 
that  of  3^  :  3,  the  effect  of  the  long  syllable 
instead  of  the  short  syllable  being  that  it  w^as 
slightly  and  almost  imperceptibly  prolonged 
beyond  the  value  required  if  strict  time  was 
kept.  In  verses  intended  for  mere  recitation 
and  not  for  singing,  it  is  unlikely  that  in  any 
case  the  reciter  would  give  each  syllable  its 
exact  metrical  value. 

Besides  the  feet  already  enumerated,  there  are 
some  feet  of  rare  occurrence  which  are  of  longer 
duration.  These  are  the  <nrop9uos  fi€l(»y  or 
ZiTKovsy  ipBioSf  rpoxo^os  mifiavrSsf  and  irtuifU 
im^vr6s  (Aristides  QuintilianuSy  i.  pp.  36-39, 
ed.  Heibom.).  The  viroyZuos  fitiCwv  consisted 
of  a  thesis  =  4  and  an  arsis  =  4,  ue.  u  kj ;  the 
ipBios  of  an  arsis  =  4  and  a  thesis  =  8,  i.e, 
i-i  Lj  1^;  the  rpoxBuos  <nifiamhs  of  a  thesis 
=  8  and  an  arsis  =  4,  ue,  lji  k^  t^  and  the 
'wauitp  iwifiarhs  of  five  long  syllables,  viz.  a 
long  syllable  in  thesu  +  &  long  syllable  in  arsis 
+  two  long  syllables  in  thesis  +  a  long  syllable 
in  arsis,  i^,  £  .  ^  ^  .,  altogether  a  foot  in  ten 
time.  The  dialogue  irtpl  fAovffueris  which  bears 
the  name  of  Plutarch  (chapters  28  and  33)  gives 
some  information  as  to  the  originators  of  these 
long  feet.  The  waiity  iwifiarhs  is  said  to  have 
been  used  by  Archilochus  and  Olympus,  and  it  has 
been  conjectured  that  the  exclamation  iijirat^air 
is  an  instance  of  this  rhythm.  The  invention  of 
the  6p$ios  and  of  the  rpoxBuos  tniiuurrhs  is  attri- 
buted to  Terpander,  and  it  is  possible  that  the 
fragments  of  a  hymn  quoted  as  the  composition 
of  Terpander  and  of  two  others  conjecturally 
assigned  to  Terpander  by  Bergk  (Xyr.  Graec. 
frag.  1,  3,  4),  which  are  composed  in  long  sylla- 
bles alone,  may  have  been  sung  to  one  of  these 
rhythms.  It  appears  at  first  sight  that  the 
vpBios,  the  rpoxo^os  ffrniarrSst  and  the  nrovSriof 
yiti(otv  differed  from  the  ordinary  iambic,  trochee, 
and  spondee,  only  in  being  slower  in  tempo 
{aywyf]).  It  is,  however,  just  possible  that  each 
long  note  in  the  vocal  part  may  have  been  com- 
bined   with    an    instrumental    accompaniment, 


which  would  show  that  the   long  note  corre- 
sponded to  a  foot,  thus : — 

Vocal,  1^  uj 

Instramental,  £  w  w  .  w  w « ^* 

If  this  was  80,  these  long  feet  were  in  reality 
combinations  of  feet,  i.e,  KStKa. 

The  Sentence  (irwXoir).  —  A  series  of  feet 
recurring  without  a  break,  in  which  the  the&is 
always  had  an  ictus  of  equal  intensity  and  which 
did  not  form  larger  groups,  would  soon  become 
monotonous.  Hence  the  feet  are  combined  in 
larger  groups  called  kAKol  or  ^  sentences."  The 
structure  of  these  **  sentences  **  is  similar  to 
that  of  the  feet.  There  are  three  genera  of 
kSKo,  as  there  are  of  feet ;  like  the  feet,  thej 
fall  into  two  portions  bearing  a  definite  relation 
to  one  another,  and,  like  the  feet,  they  are  strictly 
limited  in  extent.  In  consequence  of  this  ana- 
logy they  are  sometimes  odled  t^s.  The 
single  foot  is  a  iro^i  axXovs  or  kirMtTot :  the 
kAKov^  or  combination  of  feet,  is  a  inAs  a^rStros, 
The  number  of  feet  combined  in  a  imAor  is  never 
more  than  six,  and  seldom  more  than  four.  A 
KvKoy  of  two  or  four  feet  belongs  to  the  ywts 
Xaoy  or  8airru\iictfy,  being  composed  of  feet  bear- 
ing  an  equal  relation,  viz.  either  1  :  1  or  3  :  2. 
A  KwAov  of  three  or  six  feet  belongs  to  the  ^cmor 
9iT\dffiO¥  or  tmfifiiK6yf  being  composed  of  feet 
bearing  the  relation  2  ;  1  or  4  :  2.  A  icrnXw  of 
five  feet  belongs  to  the  y4yos  i^/tuoAiov  or  raunn- 
K6y,  the  relation  of  the  feet  of  which  it  is  com- 
posed being  3:2.  As  to  the  extent  of  the  tcmXay 
it  is  stated  by  Aristides  Quintilianus,  i.  p.  35, 
and  by  Psellus,  irpo\afifiaif6titya,  §  12  (appareotly 
an  extract  from  Aristoxenus),  that  a  icmkop  of 
the  t<roy  yiyos  cannot  exceed  sixteen  units  of 
time;  a  iwAor  of  the  SnrAcb'ior  yiyos  cannot 
exceed  eighteen  units  of  time ;  and  a  umKoy  of 
the  yiiu6XMy  y4yos  cannot  exceed  twenty-five 
units  of  time.  In  these  calculations  the  short 
syllable  is  taken  as  the  unit  of  time.  Applriot: 
these  canons  to  the  different  w^ff  JbrAm,  it 
appears  that  the  iambic  or  the  trochee  may  form 
KwAa  of  two,  three,  four,  five,  or  six  feet :— 


}=    6 
}  =  12 

'  ycKoc  4^w. 

]  =    9 
}  =  18 

)  =  15 

yiros  iiui\iiW' 

The  dactyl  or  anapaest  may  form  iwAa  of 
two,  three,  four,  or  five  feet : — 


}=    8 

w  w  .-   I    w  w  •>  / 

" I ""}  =  !. 


Yvrof  t««r. 


J  =20  ytwv*****'' 


BUYTHMICA 


BHYTHMICA 


561 


The  paeon  or  cretic  may  form  KwXa  of  two, 
three,  or  five  feet : — 

•■www   I   »www\ 

I  J=10  ywoc  i(rov. 

MWWWa>WWW    I    ^WWW| 

I  i=lfi  Wmk  &irXa«tov. 

■■Ww.WmImWk' 


mwwWmWww^www  I  aawwwaawww  (ycMX 

-V w W-l-W W«  \f^^^^ 

The  ionic  or  choriambic  may  form  kwXm  of 
either  two  or  three  feet : — 


«'«'——  )=12  ytfroc  t9«r. 


=18  y6>««  3ivA«o%or. 


It  is  probable  that  the  nnity  of  the  k£\op 
WM  marked  by  its  haring  one  ictus  stronger 
than  the  rest  and  dominating  the  group,  and 
that  this  ictus  might  fall  on  any  foot  in  the 
KwXoir,  so  that  e.g.  a  trochaic  tetrapody  might  be 
accentuated  in  any  of  the  following  ways : — 


D 


HiW«-W^W^W    U 
■bW^WmWmW    II 

In  each  of  the  kSXu  hitherto  considered  the 
f«et  are  all  of  the  same  metrical  value,  ue.  all 
trochees,  iambics,  dactyls,  anapaests,  paeons, 
iomca,  choriambics,  or  their  equivalents,  «.</. 
tribrachs,  spondees,  cretics.  The  only  exception 
it  that  of  the  ^*  irrational  '*  spondee  in  trochaic 
and  iambic  metres,  e^.  .w..  for  .w.w. 
There  is,  however,  a  class  of  metres  of  very  fre- 
qoent  occurrence  in  which  feet  of  different  metri- 
ol  value,  via.  trochees  and  dactyls  (or  iambics 
and  anapaests),  e.<7.  -wl.ci.vwi.wl-wll 
are  combined  in  the  same  kmKop,  These  metres 
are  called  ^  mixed  "  (furr<(),  or  logaoedic  (Xoyooi- 
Sucd)L  The  latter  name  was  probably  given  to 
these  metres  because,  from  their  apparent  irre- 
gularity, they  seemed  to  be  intermediate  between 
prose  (A^yof )  and  poetry  or  song  (601^1).  The 
explanation  of  this  union  of  trochee  and  dactyl, 
and  the  rhythmical  relation  between  them,  is 
uncertain,  though  it  is  generally  admitted  that 
tbe  time  occupied  by  the  trochee  and  the  dactyl 
roust  have  been  equal.  The  popular  theory, 
adopted  by  J.  H.  H.  Schmidt  in  his  Kvnstformm 
der  griechi$chen  Poesie,  is  that  the  long  syllable 
and  the  first  short  syllable  in  the  dactyl  both 
l<>tt  something  of  their  normal  value,  the  long 
lyllable  being  in  this  cases  1 J  and  the  first  short 
^TlUble  =  I,  so  that  the  dactyl  =  1)  +  )  +  1 
=  3  =  the  trochee  =  24-1.  This  value,  which 
u  represented  in  modem  books  by  the  symbol 
-^  w,  is  supposed  to  be  confirmed  by  two  passages 
in  Dionysins  of  Halicamassus,  de  Comp,  TV6. 
chapters  17  and  20,  and  the  foot  is  usually  called 
the  «cvclic  "  dactyl,  because  Dionysins  (ibid.  c.  17) 
**T8  that  the  rapid  dactyl  of  which  the  long 
Byllablo  loses  something  of  its  normal  value  is 
parallel  to  the  anapaest  with  an  ^irrational " 

*  n  b  the  rymbol  for  tbe  end  of  a  kmAot,  ])  for  the  end 
«fa« period'*  (see below). 
VOL.  II. 


long  syllable,  which  is  called  k6k\os.  Westphal, 
however,  has  shown  that  the  passages  in  Dionysius 
cannot  be  used  in  support  of  the  so-called  ''cyclic" 
dactyl  in  logaoedics,  because  Dionysius  is  speak- 
ing of  mere  recitation,  not  of  singing.  The 
rhythm  was  probably  always  less  exact  in  the 
former  than  in  the  latter,  just  as  in  the  case  of 
modern  poetry  the  rhythm  of  recitation  is  less 
exact  than  that  of  singing.  It  is  more  probable 
that  the  long  syllable  and  the  short  syllable  in 
the  logaoedic  dactyl  retained  their  normal  rela- 
tion to  each  other,  viz.  that  of  2  :  1,  but  that 
the  long  and  short  syllables  were  each  pro- 
nounced more  rapidly  than  the  long  and  short 
syllables  in  the  trochee.  Jhis  may  be  expressed 
in  figures  as  follows ;  If  in  the  trochee  tne  long 
syllable  =  2  and  the  short  syllable  =  1,  then  in 
the  dactyl  the  long  syllable  =  ),  the  short 
syllable  =  |.  Then  the  trochee  =  2+1=3= 
the  dactyl  =  j4.f-|-f  =  y  =  3.  Possibly, 
however,  it  should  rather  be  supposed  that  the 
equality  between  the  trochee  and  the  dactyl  « 
was  not  thus  accurately  defined,  but  that  the 
ear  was  satisfied  if  the  time  occupied  by  the 
two  feet  was  approximately  equal,  the  difference 
between  them  being  imperceptible,  without  any 
obvious  violation  of  the  usual  proportion  be- 
tween long  and  short  syllables. 

The  limits  of  the  logaoedic  kwKov  seem  to  be 
the  same  as  those  of  the  iambic  or  trochaic.  It 
may  consist  of  either  two,  three,  four,  five,  or 
six  feet;  the  six-feet  jcwAa  are,  however,  ap- 
parently rare,  and  it  is  possible  that  what  seem 
to  be  six-feet  ic»Xa  are  a  combination  of  two 
jcdXa  of  four  feet  and  two  feet  respectively. 

If  the  account  of  the  logaoedic  k»\ov  here 
given  is  correct,  the  time  occupied  by  all  the 
feet  which  compose  it  is  the  same ;  but  there  is 
one  peculiar  metre,  the  dochmiac,  the  fcfiXa  of 
which  are  probably  composed  of  feet  which 
differ  from  one  another  in  duration.  The  normal 
form  of  the  dochmiac  is  w  «  -  w  -,  but  as  all  the 
long  syllables  admit  of  resolution  into  two  short 
syllables,  and  the  first  (as  well  as  occasionally 
the  second)  short  syllable  may  be  long,  it  as- 
sumes very  various  forms.  It  is  doubtful 
whether  the  chief  ictus  is  on  the  first  or  on  the 
second  long  syllable,  i.e.  ^  ^  _  ^  «  or  ^  « 1  w  -• 
The  dochmiac  seems  to  consist  of  a  union  of 
feet  in  which  there  is  a  real  change  of  rhythm, 
one  foot  being  in  three  time,  the  other  in  five 
time,  •>.  ^  »  I  «  ^  .  or  ^  _  .  I  w  -•  Westphal 
(Metrikf  ed.  3)  supposes  that  either  there  is  a 
pause  equal  to  one  long  syllable  at  the  end  of 
each  dochmiac,  or  the  final  syllable  is  lengthened 

by  Tov^,  i,e,  ^ w  -  /\  ^^  w ^  tj«     I**  this 

case  the  dochmiac  would  fall  into  two  equal  por- 
tions, each  containing  five  units  of  time  ^  £  2 . 
But  this  view  seems  inconsistent  with  the  fact 
that  occasionally  a  dochmiac  ends  with  two 
short  syllables  in  the  middle  of  a  word. 

A  KaiXov  may  be  either  completely  filled  by 
the  syllables  used  in  their  ordinary  metrical 
value,  or  it  may  require  for  its  completion  a 
pause  (XcI/ifM,  wp6tr$9a'is)  or  a  prolongation 
(toi^)  of  a  syllable  beyond  its  ordinary  value. 
An  instance  of  a  jcAXok  which  is  complete  with- 
out either  pause  or  prolongation  is  the  trochnic 
tetrapody-  w  |  -  w  |  -  w  |  .- w  |),  while  the  K&kot' 
.w|-w|-wl.f|  is  incomplete  and  requires 
either  a  pause  -w|-w|-.w|->\|1ora  pro- 
longation «.  V  I  «.  w  1  •  w  I  L.  II  for  its  completion. 

2  o 


562 


BHYTHMICA 


BHYTHMIGA 


When  the  k&Kop  ia  complete  without  these 
devices,  it  is  called  aoatcU^ic  (IkKoraKriKTucSw), 
1,0.  not  stopping  (icaraX^a»)  before  its  proper 
end ;  when  it  is  incx>mplete,  it  is  called  catcUectic 
(icaraKrfKTUtSv)*  When  a  ku\op  is  scanned  xarii 
irvivylavy  %je,  in  couples  of  two  feet,  if,  according 
to  the  metrical  form,  the  last  foot  is  wanting, 
as  in  .  w  I  «  w  I  .  w^  u,  it  is  said  to  be  6racAy- 
OQtalectic  (iSpaxvJcaT(£\i}icToy).  When  a  niiKoy 
which  is  scanned  icor^  (rv(tr/lap  has  one  appa- 
rently superfluous  syllable  exceeding  the  last  di- 
podj  in  the  k&Kop,  as  e,g.  inw-w.|w.w.|w, 
it  is  said  to  be  hypercataleclic  (pwrpKardKriKToif), 
Cases  of  this  latter  kind  are,  however,  probablj 
more  apparent  than  real.  A  K&Kor  of  the  ap- 
parent form  -  w  •  w  I  .  is  usually  a  trochaic 
tripody  -w-.wi-.or  -w  —  w-a,  and  a  icQKor  of 
the  apparent  form  w  -  w .  |  w  may  be  found 
where  the  next  kuXov  begins  with  a  thesis,  and 
where  therefore  the  arsis  of  the  preceding  icw^oi^ 
combines  with  the  thesis  of  the  following  kUKop 
to  form  a  single  foot,  or  where  the  kAKop  be- 
fore it  ends  with  a  thesis,  and  therefore  the  arsis 
of  the  apparently  hypercatalectic  kS\w  com- 
bines with  the  thesis  of  the  preceding  jc£\oy. 

It  is  not  always  possible  to  divide  a  metrical 
composition  into  its  KuKa  with  certainty.  In 
the  simpler  forms  of  metre  the  divisions  are 
usually  obvious,  but  in  the  more  elaborate  kinds 
of  lyrical  poety  this  is  not  so.  One  criterion  by 
which  it  has  been  sought  to  determine  the 
length  of  the  Kuka  in  such  doubtful  cases  will 
be  considered  under  the  next  head,  viz.  that  of 
the  "  period." 

The  Period. — ^As  a  combination  of  feet  forms 
a  K&XoVf  so  a  combination  of  K»\a  forms  a 
ircpfo9of.  it  has  been  seen  that  the  unity  of 
the  K&?iOP  was  probably  marked  by  its  having 
one  ictus  stronger  than  the  rest ;  the  unity  of 
the  period  was  marked  probably  by  the  modula- 
tion of  the  voice  varying  in  pitch  and  intensity 
with  the  beginning,  middle,  and  end  of  the 
period,  and  certainly  by  the  admission  of  a  dis- 
tinct pause  at  the  end  of  the  period,  separating 
it  from  what  follows.  This  pause  is  indicated 
in  three  ways.  (1)  Each  period  ends  with  the 
end  of  a  word:  a  word  cannot  be  divided 
between  two  periods  as  it  can  be  between  two 
icSAa  (Hephaest.  c.  4,  p.  16,  ed.  W.,  ray  /icrpor 
tls  rcXetay  mporovTM  \4^ip).  (2)  Hiatus  is 
allowed  at  the  end  of  a  period;  i.e.  a  period 
may  end  with  a  vowel,  and  the  following  period 
begin  with  a  vowel  without  elision  taking 
place.  (3)  The  last  syllable  of  each  period  may 
be  either  long  or  short  (^vAAo^^  ilitd^opos, 
eyllaba  anc^)  without  reference  to  the 
quantity  strictly  required  by  the  rhythm.  This 
is  explained  by  the  pause  at  the  end  of  the 
period.  As  there  is  a  pause,  it  does  not  matter 
whether  the  last  syllable  is  long  or  short :  if  it 
is  long  where  the  rhythm  otherwise  would  re- 
quire a  short  syllable,  this  is  immaterial,  because 
the  short  syllable  would  in  this  case  be  followed 
by  a  pause;  if  it  is  short  where  the  rhythm 
otherwise  woald  require  a  long  syllable,  the 
pause  makes  up  the  required  length.  Where 
the  same  period  recurs  fi*equently,  as  in  the 
odes  of  Pindar,  the  observance  of  these  three 
conditions  makes  it  possible  to  determine  the 
places  at  which  the  period  ends,  in  most  cases 
with  complete  certainty.  The  odes  of  Pindar 
were  first  divided  into  periods  by  the  help  of 


these  criteria  by  Boeckh,  in  his  edition  of  Pudar 
(Leipzig,  1811).  The  pause  may  occur  at  the 
end  of  a  single  icwXor :  in  this  case  the  kAKop  is 
a  period.  The  word  period  is  the  most  general 
term  for  a  kw\op,  or  a  combination  of  K»\a,  after 
which  a  distinct  pause  is  admissible.  There  are, 
however,  other  terms  which  are  used  (o  dis- 
tinguish certain  species  of  periods.  When  a 
KwAov,  or  a  combination  of  icifXa,  consirts  of  not 
less  than  three  trv(tr/ias.  (six  feet),  and  not  more 
than  four  trv(vyiai  (eight  feet),  it  is  called  a 
verse  {arlxos,  versus)  (Hepha^.  srcpl  wotfifia- 
Toj,  c.  1,  p.  64,  ed.  W.). 

On  this  principle  the  iambic  trimeter  (six 
feet)  and  the  dactylic  hexameter  (six  feet)  are 
both  called  arlxos.  Another  name  for  a  period 
not  exceeding  eight  feet  ia  fierpov.  The  fth^ 
must  not  exoMd  thirty  units  of  time,  acoordiog  to 
Hephaestion  (c.  13,  pp.  42,  43,  W.]^  where  it  is 
said  that  the  paeonic  fi4rpov  (of  which  each  foot 
contains  five  units  2121  ^  ^  w)  may  extend  to  six 
feet,  which  will  not  exceed  the  thirty  units; 
but  the  scholiast  on  this  passage  (p.  199,  ed.  W.) 
asserts  that,  according  to  other  metricians, 
the  fUrpoy  might  extend  to  thirty-two  onits. 
It  is  probable  that  the  anapaestic  tetrameter 


( 


I 


I) 


was  the  longest  verse  (trrixos  or  /lirpor)  re- 
cognised by  the  metricians,  and  that  this  wai 
regarded  as  containing  thirty-two  or  thirty 
X^yoiy  according  as  the  penultimate  syllable 
was  lengthened  by  royii  (=i«j)  or  not  A 
period  which  exceeds  thirty-two  xp^*^  ^  * 
dir^pficrpoy. 

The  commonest  form  of  the  "  verse  **  in  non* 
lyrical  poetry  is  that  which  is  formed  by  tw« 
jKwAa :  this  structure  is  illustrated  by  the  dactylic 
hexameter  and  the  trochaic  tetrameter: — 

.*  W  W  ..  W  W  M*    W  W   U    V  W  %/  M  w  w  «  .il 
V»w*  n  mW_w  —  w^Aj] 


.B    V    «    W    .B 


The  comma  and  the  colon  in  this  notation  indi- 
cate the  end  of  a  word.  When  a  verse  of  two 
K&\a  is  divided  in  such  a  way  that  the  arus  of 
the  first  K&?iov  is  formed  bj  the  beginning  of  a 
word  belonging  to  the  second  xAKoPf  it  is  said 
to  have  a  caesura  (rofiii) ;  when  the  end  of  the 
first  KuXop  coincides  with  the  end  of  a  word,  it 
is  said  to  be  divided  by  Zudpmns.  The  dactylic 
hexameter  has  caesura,  marked  by  the  comma; 
the  trochaic  tetrameter  has  diaeresis,  marked  bj 
the  colon. 

In  these  verses  the  icwXa  belong  to  the  same 
species;  there  are,  however,  verses  or  periods 
in  which  the  combined  icmKa  belong  apparentlj 
to  different  genera.  Sach  rhythms  are  called 
fiirpa  iinawHra  (Hephaest.  c.  15^  p^  56,  W^ 
and  Schol.  to  Hephaest.  pp.  201,  20^  W.).  Sach 
is  the  verse  _w  w-ww««  • -w-.w-w-"I» 
which  appears  to  be  a  combination  of  the  iciAa 
containcKl  in  the  dactylic  hexameter  and  the 
trochaic  tetrameter.  These  episynthetic  metres 
are  also  called  dactylo-4rochaic  or  dactyh^epitritic, 
according  as  the  trochees  are  pure  (e^.  .  w -««)r 
or  admit  the  ** irrational '*  syllable  (-w.-)' 
There  is  a  difficulty  in  determimng  the  rhythmi- 
cal value  of  these  metres,  similar  to  that  which 
has  already  been  discussed  in  connexion  witi 
logaoedics,  and,  as  in  the  former  case,  two  dif- 
ferent solutions  of  the  difficulty  have  been  pro- 
posed. The  popular  explanation  is,  that  in  the 
apparent  trochee  the  value  of  the  long  syllable  is 


BHYTHMIGA 

longer  by  half  than  its  nonnal  value,  t.0.= three 
instead  of  two  onits ;  then  .w  =k-w  =3  +  1 
=  4  =  the  dactyl  =  2  +  1  +  1.  The  more 
probable  explanation  is  that  in  the  trochee  the 
long  syllable  retains  its  normal  proportion  to 
the  short  syllable,  but  that  the  long  syllable 
and  the  short  syllable  in  the  trochee  are  each 
pronounced  more  slowly  than  the  long  syllable 
and  the  short  syllable  in  the  dactyl.  Thus,  if 
the  long  syllable  and  the  short  syllable  in  the 
dactyl  =  2  and  1  respectiyely,  the  long  syllable 
and  the  short  syllable  in  the  trochee  =  |  and  | 
respectively;  hence  the  dactyl  =  2  +  1  +  1=4 
=  the  trochee  =  |  +  }  =  ^  =  4.  In  the  third 
edition  of  Rossbach  and  Westphal's  Metrih,  vol.  3 
(1889),  it  is  argued  that  episynthetic  metres  are 
in  three  time,  the  spondee  being  **  irrational "  = 
2  :  1^,  and  the  dactyl  being  «  cyclic  "  =  3. 

There  is  another  term  for  certain  combinations 
of  irwXa  in  periods  the  meaning  of  which  is 
doubtful.  This  is  the  word  asynartttef  of  which 
Hephaestion  (c,  15,  p.  47,  W.)  gives  the  follow- 
ing explanation:  ylifrrtu  84  jcal  iurvydprriTaf 
imiraip  Z^o  K&Xa  fiii  9wdfLtya  iAX^Xoif  avyopni' 
^ycu  fkJiBh  ttmaof  Cx**^  ^^^  ^"^^  lUvw  wapa- 
>M4kfidinrrmL  orixnt.  He  then  proceeds  to  give 
instances  of  **  asynartete  "  verse,  and  his  account 
is  supplemented  by  the  Scholia  on  the  chapter 
(pp.  201  ff.  W.>  It  U  obvious  that  the  defini- 
tion given  by  Hephaestion  is  little  more  than 
verbal,  and  the  meaning  must  be  sought  by 
comparing  the  different  instances  which  he  gives 
■and  observing  what  thev  have  in  common.  The 
first  modem  scholar  who  brought  the  word  to 
lighty  and  attempted  an  explanation  of  it,  was 
Bcntley,  in  his  edition  of  Horace.  In  a  note  on 
the  11th  Epode  he  arrives  at  the  conclusion  that 
asynartete  verses  are  those  in  which  there  is  a 
combination  of  kAKu  belonging  to  different 
rhythmical  genera,  e,g.  dactylic  and  trochaic,  as 
in  the  verse  -^rS"- ir^-c-w-^w  I)  -w.w.7]], 
and  in  which,  although  the  two  KA\a  coalesced 
to  form  a  verse,  the  preceding  k&Kov  was  sepa- 
rated by  a  pause  from  the  following,  so  that 
hlatna  and  "sylUba  anceps"  were  allowable,  as 
in  the  lines  of  Horace : — 

argnlt  et  latere   pekitns  Imo  splrttas 
-*.w-*.M:iD  w-v w^JJ 

I^odLjL  10. 

ferrldlore  mero  (|  aicsns  promorst  loco 
-w. H..W   „-  w-D 

l^pod.  x!.  14. 

It  has,  however, been  shown  by  Westphal  that 
Bentley's  theory  is  applicable  only  to  one  of  the 
seventeen  asynartete  verges  quoted  by  Hephaes- 
tion. His  own  view  is  that  asynartete  verses 
are  those  in  which  there  is  catalexis  in  the  first 
of  the  two  iwKOf  as  €.g,  in  the  dactylic  penta- 
meter. 

The  rhythm  in  such  a  case  may  be  completed 
cither  by  rovif  or  by  a  pause,  thus : — 

xB -tjH 

This  explanation  is  applicable  to  the  majority 
of  the  asynartete  verses  quoted  by  Hephaestion, 
bat  it  is  certainly  not  applicable  to  all  the 
^episynthetic"  asynartetes,  of  which  Hephaes- 
tion quotes  seven  kinds,  and  it  cannot  be  applied 
to  any  of  them  without  the  unwarrantable  as- 


BHYTHMIGA 


563 


sumption  that  the  apparent  dactylic  tripody 
-ww.ww is  really  ^'brachycatalectic,"  t.^. 

=    .ww.wwk.lbJ    or     .ww.wwi-J.X.       It 

appears,  therefore,  that  the  meaning  of  the  term 
asynartete  cannot  be  determined  with  certainty. 

The  word  period  is  used  by  J.  H.  H. 
Schmidt  in  his  Kunstformen  der  griechischen 
Poesie  in  a  sense  different  from  that  of  the 
ancient  writers  on  rhythm  and  metre.  He  un- 
derstands by  it  a  combination  of  Ku\a  or  verses, 
which  are  bound  together  by  a  definite  principle 
of  arrangement  or  symmetry.  According  to 
this  theory,  in  the  majority  of  lyrical  composi- 
tions, every  kAXow  (with  certain  definite  ex- 
ceptions) corresponds  to  some  other  KvKoVf  and 
contains  precisely  the  same  number  of  feet  as 
the  kSKov  with  which  it  corresponds.  Any  set 
of  icwAa  which  is  bound  together  by  such  cor- 
respondences is  called  by  him  a  **  period."  These 
periods  are  variously  constructed.  The  simplest 
form  of  period  is  that  in  which  one  letSKoy 
is  followed  by  another  containing  the  same 
number  of  feet,  as  e.g.  in  the  dactylic  hexameter 
-;7;j-j-^«j-;i  11  ^;r^^;j-^^'lJli  the  period 
is  divided  into  two  jcmAo,  each  consisting  of 
three  feet ;  such  a  period  he  calls  '*  stichic."  A 
more  developed  form  is  that  in  which  a,  K£\or 
of  the  same  number  of  feet  is  repeated  more 
than  once,  e.g.  a  period  consisting  of  three 
dactylic  tripodies ;  such  a  combination  he  calls 
a  repeated  "stichic"  period.  A  "palinodic" 
period  is  one  in  which,  instead  of  a  single  fCtoAov, 
two  KcSXa  forming  a  group  are  answered  by  two 
KdiXa  forming  a  similar  group :  thus,  e.g.,  if  a 
group  of  two  KuKOf  consisting  of  six  feet  and 
five  feet  respectively,  were  followed  by  a  second 
group  consisting  of  a  hexapody  and  pentapody. 
If  the  group  were  repeated  a  second  time,  the 
result  would  be  a  repeated  "  pali- 
nodic"  period.  If  the  period  be 
such  that  the  correspondence  is 
between  the  first  kw\o¥  and  the 
last,  between  the  second  and  the 
last  but  one,  Schmidt  calls  it 
**  antithetic  " ;  such  would  be  a 
period  of  the  annexed  form,  where 
the  dot  denotes  the  end  of  a  verse, 
and  the  numbers  the  number 
of  feet  in  each  kSKop. 

The  first  verse  would  contain  two  icwAa  of  three 
and  four  feet  respectively,  the  second  verse  a 
single  K&Xop  of  five  feet,  and   so   on. 
If  in  a  period  of  this  kind  the  central 
K«i\oy    has    no    correspond 
called  "  mesodic."     A  sim 
of  such  a  period  would 
form. 

Such  arc  the  outlines  of  Schmidt's 
theory,  which  has  been  adopted  by  some 
modem  editors  of  Greek  dramatists  and  Pindar. 
The  general  principle,  which  demands  corre- 
spondence between  one  kwKov  and  another,  is 
called  by  Schmidt  "eurhythmy,"  and  it  is 
chiefiy  by  the  assistance  of  this  principle  that 
he  determines  the  division  into  KwXa  of  any 
lyrical  composition.  There  is  no  doubt  that 
there  is  often  a  correspondence  of  this  kind : 
the  elegiac  couplet,  for  example,  is  an  instance 
of  two  periods,  each  formed  by  two  tripodies, 
the  triixxiies  being  acatalectic  in  the  hexameter 
and  catalectic  in  the  so-called  pentameter.  But 
it  has  not  been  shown  that  such  "  eorhythmy 

2  0  2 


ondence,    it    is    ,^\ 
iimple  instance    ^     A 
be  the  annexed    .     J 


>» 


564 


RHYTHMIOA 


BHYTHMICA 


18  iavariably  present,  and  it  cannot  therefore 
be  accepted  as  a  criterion  for  determining  the 
length  of  the  ircSXa  where  it  is  not  otherwise 
obvious.  The  limits  of  this  article  do  not  admit 
of  a  detailed  discussion  of  the  theory,  but  some 
objections  to  it  may  be  pointed  out. 

(1)  The  ancient  writers  on  rhythm  and  metre 
do  not  show  the  slightest  acquaintance  with 
'*  eurhythmy"  of  this  kind. 

(2)  The  symmetry  produced  by  Schmidt's 
method  is  often  a  symmetry  for  the  eye,  not  for 
the  ear;  there  is  no  reason  to  think  that  the 
ear  could  take  in  the  rhythmical  structulre  of 
many  of  his  periods,  even  with  the  assistance  of 
a  musical  accompaniment  and  the  movements 
of  the  dance. 

(3)  Hodem  music  and  poetry  do  not  offer 
any  real  analogy  for  the  more  elaborate  forms 
of  his  periods,  although  modem  poetry  has 
in  the  rhyme  a  special  means  of  emphasising 
the  correspondence  between  jccSAo,  while,  on  the 
other  hand,  they  show  that  a  sense  of  rhyth- 
mical proportion  may  be  produced  without 
eiact  correspondence  between  the  icwXa. 

(4)  The  fact  that  Schmidt  has  been  able  to 
arrange  the  odes  of  Pindar  and  the  lyrical 
portions  of  the  great  dramatists,  in  such  a  way 
as  to  exhibit  *'  eurhythmy,",  is  no  proof  of  the 
truth  of  his  theory ;  for  as  soon  as  it  is  granted 
that  the  long  syllable  admits  of  different  values, 
that  e.g,  it  may  be  either  .  or  u.  or  k^,  it  is 
obvious  that  the  same  combination  of  syllables 
may  admit  of  being  interpreted  as  containing  a 
difierent  number  of  feet.  Thur  «  ^  .  w  -  w  may 
be  either  an  acatalectic  tripody  or  a  catalectic 
tetrapody  =  «  w  -  w  k*  ^.  Moreover,  even  if  the 
number  of  feet  in  a  series  be  determined,  it  may 
oflen  be  divided  into  ic»Aa  in  more  ways  than 
one.  As,  therefore,  the  same  metrical  form 
admits  of  different  interpretations,  it  is  not 
difficult  to  manipulate  it  so  as  to  produce  the 
assumed  "  eurhythmy." 

This  theory  of  "  eurhythmy  "  was  first  sug- 
gested in  the  first  edition  of  Rossbach  and  West- 
phal's  Metrik ;  in  the  second  edition  it  was  re- 
jected by  Westphal,  bnt  it  has  been  revived  by 
Kossbach  in  the  third  edition. 

TKe  Strophe. — When  either  a  single  rhythmical 
period  (in  the  ancient  sense  of  the  word),  ex- 
ceeding the  limits  of  a  **  verse,"  or  a  combination 
of  periods,  is  repeated  in  the  same  form,  such  a 
period,  or  a  combination  of  periods,  is  called  a 
strophcy  and,  if  it  is  repeated  only  once,  it  is 
called  on  its  recurrence  an  antistrophe,  A 
simple  instance  is  the  strophe  formed  by  the 
dactylic  hexameter  and  "  pentameter,"  a  strophe 
of  two  verses,  each  consisting  of  two  tripodies, 
which,  however,  are  different  in  form  in  the 
two  lines,  being  acatalectic  in  the  first  and  cata- 
lectic in  the  second.  Other  familiar  examples 
are  the  Alcaic  and  Sapphic  strophes,  each  con- 
sisting of  four  lines.  In  the  odes  of  Pindar  a 
further  development  is  found.  The  strophe  and 
antistrophe  are  here  usually  succeeded  by  a 
strophe  of  another  metrical  form,  which  is  then 
called  an  epode  (ifrifiB6s).  The  triad  formed  by 
strophe,  antistrophe,   and   e|>ode,  is    then    re- 

?eated.  The  metrical  structure  of  the  fourth 
ythian  ode  of  Pindar  is  formed  by  a  strophe, 
antistrophe,  and  epode,  each  of  which  occurs 
thirteen  times.  In  Pindar  and  the  dramatic 
poets  there  is,  as  a  rule,  an  exact  syllabic  cor- 


respondence between  strophe  and  antistrophe: 
and  where  the  correspondence  is  not  thus  exact, 
except  in  certain  limited  deviations  which  nre 
admitted  to  be  permissible,  it  has  been  in  ni(wt 
cases  supposed  that  there  is  some  corruption  is 
the  text.  It  is,  however,  possible  that  the  as- 
sumption of  exact  syllabic  correspondence  hii 
been  carried  too  far,  and  that  there  vas 
more  licence  in  this  respect  than  is  generally 
recognised. 

Metrical  compositions  are  either  xori  trixav 
or  fcora  irwHiitara  (^awrnifAeeruci^  and  in  the 
latter  case  they  fall  into  further  subdivisions, 
of  which  the  most  important  are  rk  itari.  ffxivtv 
and  rk  i^  d/ioUtv  (Hephaest.  wtfii  voi^^iore;, 
pp.  59  ff.  W.).  They  are  Kork  orlxov  when 
they  are  composed  in  ** verses"  of  the  same 
length,  which  do  not  fall  into  definite  groaps ; 
the  Greek  epics  in  hexameter  verse  are  aa 
example  of  this  form  of  composition.  They  <ir? 
Kork  ffx^ffiv  when  they  contain  strophes  sod  aoti- 
strophei,  as  the  odes  of  Pindar  and  most  of  the 
lyrical  portions  of  the  drama.  They  sre  <{ 
dfiolmw  when  they  are  composed  of  a  series  d 
jcwAa  of  the  same  metre,  forming  gronps  which 
are  unequal  in  extent,  and  each  of  which  excee<is 
the  limits  of  a  "verse."  Such  are  the  ana- 
paestic hypermetra  used  often  in  tragedj, 
consisting  mainly  of  groups  of  anapaestic  di- 
meters acatalectic,  e^,  ww-ww-ww-.v«-1 
terminated  by  a  catalectic  dimeter,  e.;. 
ww.vw.ww.-ll^  Sometimes  a  lyrical  p^tf- 
sage  is  composed  of  periods  of  different  metrio) 
form  and  length  without  antistrophic  responsi^Q. 
In  this  case  it  is  called  iaro\€\vtiimr.  1d- 
stances  of  this  may  be  found  in  melodies  sun: 
by  actors  on  the  stage  (rk  ivh  <racViVs)  i^  ^^' 
Greek  drama.  Sometimes  a  composition  cuo- 
tains  all  these  different  forms  of  metrici* 
structure  (as  e.g.  a  Greek  play),  in  which  case  1: 
is  called  fuirr^y. 

It  would  be  beyond  the  scope  of  the  present 
work  to  give  any  detailed  account  of  the  mctresi 
employed  by  the  Greek  and  Roman  poets;  oa 
that  subject,  as  well  as  on  the  general  principles 
of  rhythm  as  applied  to  language,  reference  mar 
be  made  to  the  following  authorities  among  the 
more  recent  writers : — Rossbach  and  Westphal, 
Metrik  der  Oriechanf  the  third  edition  of  which 
is  published  under  the  title  Theorie  dernmsitcktz 
KUnste  der  HeUenen^  Leipzig,  1885-1889;  J.  H. 
H.  Schmidt,  Die  Kwutformen  der  grietMsc^^ 
Poesie,  4  vols.,  Leipzig,  1868-1872;  ChrUt. 
Metrik  der  Qriechen  und  Udmery  2nd  edition, 
Leipzig,  1879;  Gleditsch,  Metrik  der  Grieeke^ 
undRdmer  in  Iwan  Miiller's  EmOmA  der  kioi- 
siachen  Alterihwnswitaenachafi,  rol.  U.,  N5id« 
lingen,  1885.  The  value  of  the  rhythmical 
principles  of  Aristoxenns,  in  their  applicatico 
to  modem  music,  has  been  very  ingenionsl; 
shown  by  Westphal  in  his  Allgememe  Thf^rJ 
der  mm^halischen  RkytkaUk  sett  J.  S.  ^**>« 
Leipzig,  1880.  The  remains  of  the  Greek 
writers  on  rhythm  have  been  collected  by  We>t- 
phal  in  Die  Fragmente  tmd  die  Lehrsatee  def 
griechischen  Rhytkmikery  Leipzig,  1861,  the  tesi 
of  which  is  reprinted  in  the  second  edition  < 
Rossbach  and  Westphal's  Metrik  der  Oriec: 
vol.  i.,  Leipzig,  1867.  The  rhythmical  frac 
ments  of  Aristoxenns  are  translated  and  ex 
plained  in  Westphal's  Aristoxenus  von  T<xr<%.'< 
Leipzig,  1883.    The  most  modem  edition  of  t 


BHYfOS 

tcit  of  Hepbtotioii  with  th«  Scholin  u  that  ol 
^^'ettphal,  Leipzig,  1BG6;  but  b  new  nlitiop, 
dlMirimiiutiDg  m  far  u  pouible  the  soarcea  of 
tb*  rarioui  (cholia,  u  much  reqoind.  The 
lo-ealled  "Siholis  A"  have  btea  edited  hf 
StDdemnDd,  in  hii  Axecdota  varia,  Berlin,  1886 
tb»  "Scbolia  B"  bf  Hoenchelnunn,  Dorpat. 
1882,  [C.  B.  H.] 

EHYTON  tf»T*), «  drinking-horn  («//«.), 
bT  vhich  name  it  wu  original  If  called  (Athen. 
li.  p.  497  b).  AthenUDB  addi  that  it  wu  intro- 
dartd  into  the  statues  of  AriinoB  by  Ptolemj 
rhilaJelphnt,  tnct  this  may  be  seen  on  the  coins  of 
AniaoniDiel.  ofBiogr.  AasiKOf.].  It  is  imponi- 
blethat  by  twb  wpAtav  [_Tai]*t)KisS4Mlm  nrokt- 
liaiav  Bavii-itri,  Athenaeus  can  hare  meant  to 
auert  tliat  Ptolemj  invented  the  fivrir,  aince  he 
hiiDHilf  cites  the  passage  of  Demosthenn  {_lteid. 
p.  585,  5  15B}  where  it  is  mentioned.  It  ii 
probable  that  the  word  wpiiniu  merely  dis- 
tingaiihes  the  eulier  Philadelphus  from  the 
liter  (Altaloi  II.).  The  oldest  aud  original 
furm  of  this  driakisg-hom  wai  probably  the 
iiom  of  the  oi,  but  one  end  or  It  wm  iftertrardi 
trouneBted  with  the  beads  of  various  animals 
and  birds.  We  frequently  find  repreeenUtioni 
('['  the  pvrir  on  ancient  rases  depictiu);  lyni- 
posia.  Several  ipedment  of  these  drinking- 
bonu  have  also  been  discovered  at  Pompeii 
<Jf>UM  BorhoKico,  vol.  viii.  14,  T.  20);  repre- 
sentationa  of  two  of  th«M  are  givan  in  ' 
aluieied  cDt. 


KICINIUM 


£65 


tbtKOirkfla.   (Dennto.) 


The  frriv  had  a  imnll  opening  at  the  bottom, 
which  Ibe  panon  who  drank  put  into  hit  mouth, 
nnd  allowed  the  wine  to  run  in:  hence  it  derived 
its  Dame  <£*Dfidff4ai  re  h-wl  r^t  ^iamt,  Athen. 
iL  p.  497  e).  We  tee  penons  using  tlie  ^urkr 
ID  this  way  in  ancient  paintings  {fitt.  <efinol. 
T.  Uv.  46  ;  Zahn,  Omam.  md  Wandgtin.  tjiC  90). 
Martial  (ii.  35)  ipeaks  of  it  nnder  the  name  of 
r.^Vftion.  (Becker-GStl,  Charikla.  vol.  iii.  p.  91 ; 
Gnhl  o.  Koner.  p.  164.)       [W  S.]     [G.  E.  M.] 

BICA.    [Ki^BE!.;  Mim™.] 
BICA-fRiciHinK,  ad  jSn.] 
BICINIUH.      Before  the   pallt   came   into 
«>e  at  Bome,  a  mantle  of  a  smaller  size,   the 


it  would  Kem  from  certain  ceremonial  niTvlvrUat 
by  men.  It  was  a  rectanBiiiir  piece  of  cloth 
(Feet.  p.  274  b,  32,  "  RkLnium  omne  vestimen- 
turn  quadratum  ii  qni  lii  interprelati  sunt  esse 
diieroDt"),  uud  (t bough  we  cunnot  doubt  iti 
conneiion  with  nsa),  according  to  Varro  and 
tho  grammariflDt,  it  got  its  name  from  the  fact 
thnt  it  was  worn  with  one-half  thrown  back 
over  the  shoulder  (Varro,  L.  L.  v.  132,  "Anli- 
quisaimlt  amictui  ricinium.  Id,  quod  eo  ute- 
binlur  duptici,  ab  eo  quod  dimldiam  partem  ' 
relroreum  jsciebont,  a  rejiciendo  ricininm  dic- 
tum." Cf.  ItiJ.  Orig.  til.  25,  4  j  Hon.  542,  1 ; 
Serv.  Off  Am.  \.  282).  The  word  occurs  at 
early  as  the  Twelve  Tables,  when  it  is  used  of 
the  cloth  with  which  funeml  pyres  were 
decorated  (SchBll,  Legit  III.  T.Aitiarum  Re- 
tiguiat,  p.  57  ;  cf.  Cic  de  Legg.  ii.  23,  59). 

In  clauieal  times  it  was  only  used  for  cere- 
monial purposes,  and  w»»  worn  by  the  magitltr 
of  the  Fintres  Arvalei  at  the  Lndi  Circensea 
(Heazen,  Actafr.  An.  p.  37),  by  the  boyi  who 
attended  them  (Id.  ib.  3S  i— Uarini,  Mtt  d.  fr. 
Arrali,  xiiv,  2,  9,  21;  nxiL  3,  12;  luvii.  1), 
and,  to  judge  from  the  monmnents,  by  the 
&imilU  in  general.  (Cf.  Henzen  fn  AmvUi  drC 
Imt.  111.  (1858),  p.  9  ;  DBremberg  and  Saglio, 
-   -   "— ■"■  p.  859.) 


The 


women  at  funerals  before 
the  burial,  whereas  after  it 
they  put  on  black  pallat 
(quoted  by  Konius,  p.  549, 
31,  "ut  dum  supra  terram 
esient  riciniit  Ingerent, 
funere  ipso  ut  puUis  pollis 

fllearlf  shows  Ihnt  there 
was  an  essential  diOerenee 
between  the  ri'ci'iiuni  and 
the  palla.  Of  the  material 
of  the  ricininm  nothiuf!  in 
known  except  that  Lucilios 
speaks  of  one  embroidered 
with     gold   (Lneil.   Frama.    BtcilDcUl    . 

^  n-  1     I.    .      ,.         the KWnlqniJ nan 

Owing  no    doubt    to   its       Anlitt.) 
having    dis«p|>eRrfJ     from 
■rdinary  nio  at  an  early  date,  the  monuments 
vomen.      On 


>lK 


give  n 

laroophagi,    however,   Camillj 

wearing  over  one  or  both  shoniders  a  piece  of 

cloth  fringed  and  with  a  long  nap  (cf.  Clarac,  ii. 

p.  218.  a.  310;  Dsremberg  and  Saglio,  /.  c.  and 

fig.  1053)  nre  >hown  ;  and  this  very  probably  ia 

-'Dsely   connected   with   the   ricinium,  but  not 

entical  with  it,  for  thejare  mentioned  together 

a  fragment  of  Kovius  ni  the  riciniiiHi  and  tba 

a  or  ricain  (cf.  Ribbeck,  edit.  2,  p.  265,  71), 

tiich  was  nlso  rectangular.    The  Flami.,iea,  or 

ife  of  the  FIsmenDialls,  wore  one  of  purple  and 

fringed,  apparently  not  at  a  cloak  (Fesl.  Epit. 

p.  288,  10),  for  the  garment  is  of  smaller  lize 

--id  woi-n  IIS  a  kerchief  on  the  head  (Id.  p.  277a, 

;    Flahek),    a   use  which   is   referred   to   in 

ulus  Qellins  (vi.  10),  and   would  seem  to  be 

:in  to  that  of  the  Flavveuv. 

[Marquardt,  PricatUben,  p,  575  ;  Becker-Gall, 

OallM,  lil.  p.  264;  Iwaa  MiilUr.  ^umftucA,  vol. 

'-  (Schiller),  pp.  80.i  and  807.    Many  referencea 

monuments    nher*  Camilli  wearing  nhat 


566  BOBIOALIA 

ie    almott   c«rUinIf    the    ricinuo 

found   in  Diremberg  tad  Saglio,  a.  t.  Camilli, 

p.  859,]  [W.  C.  F.  A.] 

BOBIGA'LIA,  s  pablic  f«tinl  id  nunani  oC 
the  god  Robigoi,  to  preserra  the  fieldi  from 
mildew,  U  Bald  to  have  been  in>titut«d  by  Numa, 
and  W41  celebnted  on  April  25th  (Vkiro,  L.  L. 
Ti,  16;  R.  R.  i.  1,  8;  Feit.  p.  267;  Plin.  H.  S. 
iviii.  §  285).  A  proceuian  wo*  made  t«  the 
grove  of  Bobignj  (or  Sobigo,  according  to  Ovid 
and  ColuQiella),  fire  miles  out  oC  Rome  on  the 
Via  Claudia  {Cat.  Praen.\  where  sitcrificea  were 
D9rred  hj  the  Flnmen  Qalrinalis,  a  iheep  and 
a  dog,  fancirullj  eipUined  as  nrerting  harm 
to  the  crops  fh)m  the  dog-itar  (Or.  Fast.  iv. 
907  3?.;    Colum.  i.  342;    Fcit.   p.  285).     It  i» 

Srobable  that  the  deity  Robigos  repreientt  Uars 
UBticns  (Cato,  B.  B.  14t ;  Tertall.  <U  Sptcl.  5 ; 
Slommsen,  C.  I.  L.  i.  p.  392 ;  Marqnardt, 
SUatrrtrie.iH*p.i7f),      [W.  S.]     [G.  t.  M.] 

EOBOBATtlUM.    rPABiDiaUB.] 

HOBUB,    [CAEceR.] 

BOQA'TIO.    [Lei,  p- 33.]- 

BOQATO'EES.    [DiRiBiTOaEa.] 

BOGUS,     [fftjscs.] 

B0BA3n.  [EjEECirns,  Vol.  I.  pp.  782- 
784.f 

BOSTRA  wu  the  name  applied  to  a  atagft 
OT  platform  at  Rome,  firat  between  the  Comftium 
and  Foram,  afterwardg  in  the  Foram,  friini 
which  orators  addressed  the  people  [COKTio]. 
Thia  platform  vbi  originallj  called  temptam  (Lii. 
ii.  56 ;  lii.  17  ;  xiii.  14),  because  It  wai  consecrated 
by  the  angors  (Cic  in  Vat.  10,  24)  (Templdb]  ; 
but  it  Teceired  the  name  of  Rostra  at  the  cod- 
dusioD  of  the  great  Latin  war,  nhen  C.  Maeniui 
adorned  it  with  the  beaki  (n»(ra)  of  the  ships 
taken  from  the  Antinte»  (Lir.  viii.  14;  Flor.  i. 
11 ;  Plin.  ff.  N.  iiilv.  §  21)).  The  Greeks  also 
mutilated  galley's  in  this  war  for  the  purpose 
of  trophies:  this  was  called  by  them  ijtpgrnj- 
fnifeiv.     [ACBOTF.KIDH.] 

From  the  mention  of  the  micaaat  ns  the 
speakers'  platform  in  early  times  (Dionys.  vi. 
67;  Tii.  17;  li.  39),  some  have  inferred  that 
the  Rostra  was  not  merely  adorned  with  ships' 
beaks  in  the  rear  B.C.  33tf.  hut  was  then  tirst 
built ;  the  fa 


BOSTBA 

lead  ui  to  cODclnde  that  it  was  an  older  struc- 
ture which  received  this  adornment  and  a  nnr 
name  in  the  4th  century.  TTie  language  of 
Livy  will  bear  either  interpretatlon- 

The  Rostra  lay,  as  has  been  said,  between  Ihe 
Coraitium,  or  place  of  meeting  for  the  curio, 
and  the  Forum,  or  place  of  meeting  for  the 
whole  people,  so  that  the  speaker  might  turn  to 
the  one  or  the  other.  No  doubt  the  CDSlon  of 
turning  towards  the  Comttium  and  addreisiDg 
the  curies  from  that  spot  originated  in  an  age 
when  that  assembly  was  of  importance  alike  in 
legislation  and  injudicial  ap|>ea]s,  and  it  became 
a  mart  of  democratic  principles  to  tarn  Ikt 
back  on  the  Comitium  and  spesk  tovardi  the 
Fotum.  According  to  Cicem  (iarf.  25,  98), 
C.  Licinios  Crassna  (tribnne  ac.  145)  lint 
began  "in  foram  versos  anra  cnm  populo;"  s 
practice  of  which  Ptntarch  makes  C.  GrBMhu 
the  originator  {(7.  Oraodi.  5).  Jnlini  Ciear 
transferred  the  position  of  the  Rostra  to  (he 
western  side  of  tha  Forum  (CIc  PhU.  ii.  2; 
Ko  Casa.  »liii.  49),  A  descriMioo  of  the  Koitrs 
wilt  be  fonnd  in  Hiddleton,  komt,  pp.  1S7-1U, 
and  in  still  greater  detail  in  O.  Bichter'i  Gadi. 
da-  rSm.  RtdnerUAne.  It  was  reached  by  steps 
from  the  back,  and  was  a  rectangular  platform, 
78  feet  long,  33  feet  broad,  and  11  feet  above 
the  pavement  of  the  Pomm,  With  end  and  side 
walls  of  tufa  blocks ;  the  iTpper  floor  was  ny- 
porled  on  travertine  piera;  along  the  fnrat. 
"   ■       the  Forum,  there  -wera  marble  railhip 


.ell.-),   , 


.    the 


itood  (ihe  marks  of  the  railings  bein; 
still  apparent):  in  thia  central  portion,  which 
occupied  one-^flh  of  the  whole  length,  it  Is 
probable,  as  Bichtor  thinks,  that  there  ni 
originally  a  lower  stage,  the  loaa  infrnor  (ttt 
below),  bi  feet  beneath  the  level  of  the  hi^htr  ' 
platforin,  or  Kostri  proper,  and  as  many^'t 
the  pavement  of  the  Forum.  At  each  end  wen 
coloasal  seated  figures,  as  apparently  wsi  also 
the  case  in  the  older  Rostra  (of  Qc  FU  i<. 
2,  5).  In  the  remains  of  the  Rostra  holei  ai:d 
metal  pins  may  itill  be  seen  where  the  ihipi 
beaks  were  filed,  19  in  the  lower  and  W  in  ii» 
upper  tier.  A  representation  of  the  empersr 
speaking  from  the  Rostra  is  given  on  the  Ani 
of  Consiantine. 


Rain,  from  the  Arch  of  ConitiaClDe.    (Hlddletcu'i 


The  posira  Julia,  so  called  to  distingnieh  them  Hoslra  and  in  the  rostra  Julio.     In  the  '•f*'^ 

from  the  Rostra  proper,  formed  the  proiecting  was   a   semicircnlnr   depression   in  the  cent™ 

podium    of    the    Aedes    Divi     Jnii,    built    by  porlinn.  reaching  back  to  half  the  wi'lth  of  tbe 

Augustus,  on  which    wen   filed  the  beaks    of  platform,  nnd  wa*  at  a  later  time  filled  np  to 

ahipa  taken  at  Actinm.     Tbe  lower  pUtform,  or  the  higher  level :  in  the  Rostra  the  depmiim 

loaa  Hi/snop,  is  traced  1^  Bichter  alike  in  the  was   a   square    piece    of   the    central    poitim 


B08THATA  COLUMNA 

remchid  hj  itapa  trota  *bon ;  bnt  thiA  iilio  vM 
filled  ud  I*veU«d  np,  to  that  on  the  Arch  of 
Courtiiitine  the  tocw  inferior  does  not  appe»i  at 
ill,  ud  in  tbii  liter  phue  of  the  Roetra  the 
entruica  wu  by  iteps  froio  the  Fanun  mateod 
of  rrom  the  back.  The  dlitinction  of  Reetra  and 
laeia  inftrior  uenu  to  correspand  with  the  dii- 
tinetlon    of  pince   ia   the   arraagcmeQt    of  the 


BUTBUU 


567 


^•). 


and  perhaH  wai  prironrily  deTieed  for  tht 
■tition  of  the  appellant  in  a  judicium  popnli 
[JuDiciDa^-  Aa  contraited  with  the  itatioD  of 
the  mafiitrate,  it  wat  the  place  whence  a 
jimatiu  could  iptak  in  the  inaalo  or  discnsrion 
of  a  rogatioii.  Thongh,  howerer,  men  of  migii- 
terial  rank  might  eipect  to  apeak  ft'om  the 
AoBtim,  it  waa  in  the  pover  of  the  lapeiior 
ougiitrBte  who  cocTcned  the  anemhlf  to  order 
anjone  to  speak  from  tbe  lower  plitfonn  (ix 
iaftriore  Itxo),  a>  did  Caeair  to  Catnlns,  poaaibly 
bj  way  of  a  Etndied  ilif  ht  to  the  optimate), 
while  to  Tetlini  on  another  occaiion  he  gave 
the  higher  pUea  (ui  rvttra  torn  produxif,  Cic.  ad 
Att.  ii.  U,3;  cf.  Sneton.yW,  15);  and  Papiriua 
•cnt  FabiDB,  aa  though  he  were  an  appellant 
and  Dol  a  magiitrate,  Into  the  tower  platform 
(Ut.  Tiii.  33>  In  ac.  dt  Or.  iii.  6,  23,  the 
contrait  of  tt  imftriort  ioco,  ex  iw^uo,  and  ex 
tuptritm  lecB  it  not  pieciselj  to  oar  point, 
becaoae  be  ii  apeaking  there  of  three  clanei  of 
ontoti,  TiZ'  pleaden  in  court,  aenaton,  and 
magiitntet  on  the  Koatra ;  hut  the  Roatra  with 
ita  lociii  itiftrior  stlached  waa  adapted  In 
primciple  for  the  firat  a>  well  aa  the  third  of 
tbeae  ctaite*.  When  the  judicium  populi  paaaed 
away,  thii  nia,  probably  the  original  purpoae, 
of  the  leau  oi/ervv  ceaaed,  and  ia  proceu  of 
time  the  Boatra  waa  altered  in  atructnre,  bo  aa 
to  hare  oolf  one  platform.  (See  on  thti  point 
Hommien,  Staattr.  iii.*  3B3,  and  note  on  p.  lii. : 
BDd,  for  tbe  locality  and  conatrnction  of  the 
Roatra,  the  writlni;!  of  Hiddleton  and  0.  Richter 
cit«d  above ;  Nichola,  Kotiii)  dfi  Sottri.) 

rw,  S.]    [G.  E.  M-l 
B08TEATA    COLUMNA.      [Colubn*. 
Vol.  I.  pp.  4M,  495.^ 

BOSTOATA  COEaNA.  [Cotoha,  Vol.1, 
p.  &*8  6.1 

EOSTBUM.  [K4TIS,  pp.  217,  220.] 
BOTA.  The  rarioua  klnda  of  wheel*  are 
deacribed  under  CcRilv'S,  Machika,  Uou,  Tvu- 
I'AHDM ;  and  the  rota  aquaria  for  raiting  water 
Bncicr  AwTLiA ;  but.  ai  regaide  the  laat,  it  ia 
III  1 1— aij  to  add  a  few  wordi  in  iiplanntlon  of 
tbe  cut  here  given,  ihowing  the  portion  of  an 
aetosl   Bomau   wat«r-wheel,  lately  (1SB9)  ac- 


quired br  the  Britiih  Umeam.  It  wai  found  in 
the  Rio  tinto  mine*  in  the  loath  of  Spain,  which 
were  worked  by  tbe  Romans  for  lilver  and 
oepper:  it>  cicellent  preeervation,  though  en- 
tirely of  wood,  and  perhaps  dating  from  the 
time  of  Nero,  ii  accounted  for  by  the  action  of 
-         ith  which  it       -      -       -    ■ 


The   y 


I  WB*  taken 


1  the  boie 


t  the 
red,   but 


imference  (which  i 
with  an  opening  at  the  aide)  anu  oiacnargea  into 
a  trough,  when  the  wheel  had  nearly  completed 
ita  half-ieiolution.  The  water  ia  then  lifted  into 
a  channel  abont  fifteen  feet  abore  the  original 
le*al :  another  wheel  (or  pair  of  wheels,  for  they 
are  fonnl  in  pair*)  then  niifi  it  to  a  higher 
channel,  and  >o  by  a  aucceuion  of  atagei  it  it 
removed  from  the  mine.  The  wheel*  were 
probably  turned  by  alavea  by  menna  of  ropea,  of 
which  some  remain!  have  been  found  attached 
to  the  wheels,  and  in  such  a  position  that  they 
Lould  tie  worked  with  tbe  feet,  a*  a  treadle,  ai 
well  aa  with  the  handa  (SteTenaon  In  Arc^aaiiogia 
Aeliaaa,  vii.'iig).  A*  waa  atated  under  Astua, 
VitruTiua  detcribea  three  kind*  of  water  wheel* 
(i.  4)  :  thi*  kind  ia  not  exactly  like  any  of  the 
three,  but  ii  an  improrament  upon  No.  2  (that 
with  the  modioli  attached),  becaase  that  wheel 
could  only  raiae  water  to  a  height  equal  to  half 
ita  diameUr,  whereas  the  wheel  ahown  in  thia 
article  could  r»i»e  it  to  a  height  nearly  equal  to 
the  whole  diameter,  which  in  this  eiample  ia 
little  short  of  fifteen  feet.  [0.  E.  M.] 

BUDENS.    [NiVlg,  p.  217.] 

EUDIA'Bn.      [aLADllTOHEa.] 
BVDIB.       [OLADIAtOREB.] 

EU'FULI.  [EiEBcmis,  Vol.  1.  p.  797  a.] 
EDNCl'NAOIiwcbij),  a  plane  (Terlull.  Apol. 
12  ;  Plin.  B.  X.  itI,  §  a25),  i*  delineated  among 
joiners'  tool*  (liutrumen,  Fabr.  I^nar.)  in  the 
woodCDt  at  p.  243.  Another  eiample  of  aimilnr 
form,  but  with  the  wooden  box  al*o  *bown,  may 
be  aeeu  in  Blumner ;  in  both  theae  we  see  two 
holes  for  the  passage  of  the  ahavings,  one  on 
each  side  of  the  handle,  instead  of  one,  a*  in 
modern  planes.  The  Latin  and  Oreek  name* 
for  thia  icsirument  gave  origin  to  the  corre- 
aponding  transitive  verbs  nincino  and  fivtarda, 
meaning  "to  plane."  (Varro,  £.  i.  v.  96  ;  Poll, 
I.  146;  AiitA.  Fai.  vi.  204;  Blttmner,  Technol. 
ii.  237.)  [J.  y.]    [G.  E.  M.] 

EUTILIATIA      ACTIO.  [Bohorom 

BUTBUM,  dim.  BUTELLUM,  a  kind  of 

hoe,  probably  of  iron  (and  ao  in  one  readinp:  of 
Coto,  R.  B.  11,  "inter  ferramenta "),  which 
had  the  handle  fixed  perpendicnlHrly  Into  the 
middle  of  the  blade,  thus  differing  from  the 
EAeTRUM,  It  wa*  u»ed  before  sowing  to  level 
the  ground,  by  brealtintr  down  anv  clod*  which 
adherfel  ti.n  long  together  (Nod. 'Marc.  p.  18). 
This  operation  is  described  by  Virgil  in  the 
following  lermi-.  which  also  asaga  the  deriva- 
tion of  the  name:  "Cnmnloique  rui(  male 
pingui*  arenne  "  (Geortj.  i.  105).  See  Fealua, 
a.  0.  i  Varro,  L.  L.  r.  p.  137.  The  aame  imple- 
ment, made  of  wood,  wai  need  in  mixing  lime  or 
clav  with  water  and  straw  to  make  ptiiter  for 
walls  (Cato,  Jt.  S.  128;  Pailad.  i.  15;  Plin. 
ff.  K.  iiivi.  23,  §  S5). 

The  word  rulalmlum  ought  to  he  considered  aa 
another  form  of  niirnm.  It  denoted  a  wooden 
hoe  or  rake  of  the  aanie  construction,  which  wu 


568 


SACCU8 


used  hj  the  baker  in  stirriag  the  hot  ashes  of 
his  oven  (Festus,  s.  v.),  A  wooden  rutabulum 
was  employed  to  mix  the  contents  of  the  vats  in 
which  wine  was  made  (Cofam.  xii.  20,  4;  cf. 
xii.  23,2).  [J.Y.]    [aLM.] 


S. 

SACGUS,  besides  being  the  general  word  in 
Latin  (as  in  all  other  Indo-European  languages) 
for  a  bag  of  any  material,  shape  or  size,  has 
special  significations  which  may  be  noticed  here. 

1.  A  form  of  head-dress.     [Com A,  Vol.  I.  p.  499.] 

2.  A  strainer,  saccua  vinarius.  This  was  a 
linen  bag,  and  often  appears  simply  as  linum 
(Hor.  Sat,  ii.  4,  54 ;  Mart.  ziv.  103),  or  lintea 
(t&.  104).  As  will  be  seen  from  these  and 
other  passages,  it  was  regarded  as  a  bad  sub- 
stitute for  the  COLUM,  because  it  gave  a  flavour 
of  its  own  to  the  wine.  In  Greek,  trdxitot 
was  thus  used  (Poll.  vi.  19).  The  saccus  was 
often  filled  with  snow  to  cool  the  wine,  though 
this  was  not  the  most  approved  method. 
[PbycterO  [W.S.]    [G.  E.M.] 

SAGELLUH,  a  diminutive  of  saoery  signifies 
a  small  place  consecrated  to  a  deity  with  an 
altar  in  it  (Trebon.  ap,  Qell.  vii.  12).  Festus 
further  defines  it  as  being  without  a  roof  (p.  318). 
Oflen  besides  the  altar  there  was  a  shrine 
[Aedicula],  as  in  the  line  *<aram  constitui 
signaque  parvadeum  **  (Ov.  Fast.  v.  130),  whence 
the  whole  would  ordinarily  be  spoken  of  as  a 
sacellum,  though  in  Fast,  U  275  the  ara  and 
sacellum  are  distinguished.  The  sacred  spot, 
whether  it  contained  merely  an  altar  or  an 
altar  and  a  shrine,  was  often,  and  probably  most 
usually,  protected  by  a  fence :  "  uti  locus  ante 
earn  aram  ....  stipitibus  robustis  saepiatur " 
(C.  /.  L,  xi.  1420 ;  cf.  ix.  6019).  This  fence 
was  called  oanceUi{jb.  vii.  8.i),  concameratio  ferrea 
(ib,  vi.  543),  maceria  {ib.  x.  2066),  according  to 
the  material  of  the  fence.  The  word  caulaep 
))roperly  used  of  sheep-hurdles,  is  used  often  as 
a  general  term  for  this  fence,  as  of  Janus :  "  quia 
bello  caulae  ejus  patent"  (Manrob.  Saturn,  i.  9, 
and  similarly  in  Serv.  ad  Aen,  vii.  610),  whence, 
in  Serv.  ad  Aen,  ix.  60,  **  in  sacris  aedibus  et  in 
tribunalibns  saepta  quae  turbas  prohibent,  ciu^ 
vocamus,"  is,  no  doabt  rightly,  altered  to  caulas. 
The  Greek  term  for  this  fence  is  fidt^pai  (Charis. 
p.  549),  or  simply  wtplfioKos,  These  sacella,  if 
they  were  publicly  consecrated,  were  strictly 
<iistinguished  as  sacella  pu6/ica — we  find  *'  cura- 
tor  sacellorum  publicorum"  (Ephem.  £p,  iv. 
863;  cf.  Maqister  Vioorux,  p.  110  &>— and, 
with  luci  and  deltdtra,  were  included  under  the 
general  term  fana  [FanumJ.  Such  was  the 
sacellum  of  Hercules  in  the  Forum  Boarium,  of 
the  Lares  (Tac.  Ann,  xii.  24),  of  Naenia  (Fest. 
p.  161),  Pudicitia  (Liv.  x.  23),  Ruminae  (Yarro, 
Ji.  S,  ii.  11),  and  we  may  suppose  that  they 
represent  tne  oldest  kind  of  consecrated  spots 
before  the  more  costly  aedes  or  templum 
was  built,  though  many  such  smaller  shrines 
were  of  recent  construction  also.  The  Romans 
dedicated  also  privata  sacella  on  their  own 
properties,   regarding    which  Festus    (p.   321) 


SAGEBDOS 

quotes  Callus  Aelius  as  saying,  ''quod  prirati 
suae  religionis  causa  deo  dedicent,  id  pontifices 
Romanes  non  exi»timare  sacrum."  That  is  to 
say,  its  sanctity  would  derive  from  the  feelin^ 
of  those  who  instituted  it  and  would  not 
depend  on  any  state  law  of  religion;  hence 
that  which  Cicero  dedicated  to  his  daughter  was 
not  really  conaecratum,  but  only  so  regarded 
by  him — ''quantum  fieri  poterat"  (Cic.  ad 
Att,  xii.  18).  (See  also  Marquardt,  StacAsvenc. 
iii.»152.)  [L.  S.]    [G.  E.  N.] 

SAGENA.      [DOLADRA.] 

SAGEKDOS,  SAGEBDOnUH.  A  priest 
among  the  Greeks  and  Romans  was  a  peri>oa 
whose  duty  was  to  perform  on  behalf  of  a  state, 
or  of  some  organic  group  within  the  state,  a 
certain  ritual,  the  object  of  which  was  to 
maintain  the  proper  salutary  relations  between 
the  state  or  group  and  the  local  gods.  Thii 
definition,  it  will  be  seen,  implies  a  fully  de- 
veloped state.  That  a  priesthood  did  indeed 
exist  before  the  state,  both  in  Greece  and  Italf , 
there  can  hardly  be  a  doubt ;  but  of  its  nature 
and  history  we  have  scarcely  any  knowledge. 
Xor,  indeed,  do  we  certainly  know  at  what  point 
in  the  development  of  a  people  the  priest  proper 
first  appears.  Roughly,  it  may  be  said  that  an 
organised  priesthood  is  found  wherever  the 
relation  of  God  to  man  is  believed  to  have  a 
cei'tain  stable  personal  character  on  which  the 
worshippers  can  calculate  and  act.  (See  W. 
Robertson  Smith  in  Encyd,  lirit,  s.  v.  Priest.) 
In  Greece  and  Italy  this  stability  of  relation 
seems  to  have  gone  with  a  corresponding  stability 
of  human  society,  i.e,  a  certain  amount  of  social 
and  political  development.  In  the  following 
sketch  of  the  priesthoods  of  Greece  and  Rome 
such  development  is  assumed,  and  no  attempt  is 
made  to  unravel  the  earliest  history  of  the 
fl^wth  of  a  priesthood. 

Priests  in  Greece, — The  moat  general  word 
for  a  priest  is  Up^^s  (for  a  priestess  /«pfia). 
This  word  is  found  in  Homer,  and  lasted  through- 
out Greek  history.  At  all  periods  its  meaning 
is  in  the  main  the  same ;  it  denotes  a  person 
charged  with  regular  and  permanent  duties 
towards  a  particular  deity  on  behalf  of  a  par- 
ticular community,  and  thoroughly  acquainted 
with  the*  traditional  mode  of  performing  those 
duties,  whether  they  consisted  of  prayer,  sacriHcf, 
purification,  prophecy,  or  all  of  these.  He  is 
one  "  skilled '  in  the  rules  of  sacrifice,  prayer, 
purification,"  &c.  (Stobaeus,  EcL  Eih,  vi.  5, 123; 
Gaisf.  vol..ii.  p.  562).  These  rules,  too  technical 
for  the  ordinary  individual,  by  which  the  gods 
could  be  in  a  sense  controlled  and  their  goodwill 
secured,  must  necessarily  be  in^he  charge  of  a 
specialist. 

The  word  icpcTr  also  implies  the  existence  of  a 
holy  place  to  which  the  person  so  denominated 
was  attached.  The  priest  was  in  Greece  es- 
sentially a  minister  in  the  service  of  a  temple ; 
this  is  his  true  differentia  (Plato,  Legg,  759  A). 
He  was  the  servant  of  the  god  (Plato,  Pel.  290 
C;  Eur.  /on,  94,  309;  Poll.  i.  14,  ol  8^  rmrMp 
e^fwwfvTal  hfM7f)  to  whom  the  temple  was 
sacred.  His  history  and  development  are  there- 
fore in  each  case  ixiseparcble  from  those  of  the 
temple  itself.  In  some  places,  we  may  suppose, 
which  had  become  famous  for  a  sacred  fountain, 
tree,  or  cavern,  it  became  convenient  to  build 
the  local  god  a  house  for  his  own  habitation, 


BACEBDOS 

ami  a  keeper  woald  be  assigned  to  the  house 
from  among  the  members  of  the  community 
interested  in  the  worship.  This  person,  who 
devoted  his  life,  or  a  certain  portion  of  it,  to  the 
care  of  the  god's  house  and  its  l§pdf  would  be  the 
itpt^.  He  would  thus  be  a  priest  of  a  simple 
deity,  for  each  temple  was  the  dwelling  of  one 
only.  To  the  Greek,  a  priest  was  not  a  priest 
in  a  general  sense,  but  the  priest  of  some  local 
Zeus  or  Apollo,  and  was  almost  always  so 
distinguished  in  Greek  literature.  (See  Ni&gels- 
bach,  Ifachhomeriiche  Theologie,  p.  207.) 

Thus  the  word  is  far  from  containing  the  idea 
of  a  sacred  caste,  and  suggests  no  settled  dis- 
tinction between  clergy  and  laity.  The  hpths 
was  indeed,  as  compared  with  the  ordinary 
Greek  citizen,  a  man  of  professional  knowledge, 
but  only  in  respect  of  the  ritual  of  his  own 
temple.  As  erery  temple  had  its  own  strict 
Tules,  there  was  no  opportunity  for  any  combined 
action  which  might  produce  a  common  pro- 
fessional interest.  Kor  was  there  at  any  time 
a  common  school  of  the  priesthood,  for  each 
priest  could  learn  his  duties  in  his  own  temple 
only.  And  it  must  be  borne  in  mind  that  the 
priests  were  by  no  means  the  only  persons  who 
exercised  priestly  functions ;  for  the  king  or 
other  magistrate  of  a  state,  as  well  as  the  heads 
of  families  and  gentes,  could,  and  did,  all  offer 
sacrifices  and  prayera  on  behalf  of  their  re- 
spectire  communities.  How  far  the  aid  of  the 
priest  was  necessary  in  any  such  sacrifice  is  an 
obscure  question  (see  Msrtha,  Let  Sacerdoces 
JM^Aseits,  p.  73  folL) ;  but  Aristotle  clearly  dis- 
tinguished between  those  sacrifices  which  were 
UpoThttal^  ie.  could  only  be  }>erformed  by  a  priest 
(probably  in  a  temple),  and  those  which  were 
undertaken  by  the  lay  head  of  the  community 
{Fol.  iii.  14, 12  =  p.  1^85  b,  10).  Thus  much  is 
certain,  that  the  Greek  mind  did  not  connect  the 
word  Icpc2rs  with  any  ezclusire  prescriptive  right 
of  exercising  liturgical  functions,  such  as  at  the 
present  day  we  are  apt  to  associate  with  the  word 
priest^  save  only  in  respect  of  those  which  he 
exercised  in  his  own  temple.  It  is  essential  to 
remember  this  in  studying  the  Greek  idea  of  a 
minister  of  religion ;  but  in  the  present  article 
It  is  necessary  to  limit  the  subject  by  confining 
our  attention  to  its  more  technical  aspect. 

Not  much  is  to  be  gathered  from  Homer  as  to 
the  position  and  duties  of  the  priest  in  the  age 
represented  in  the  poems.  Homer  describes  a 
state  of  war  and  disturbance  in  which  local 
priesthoods  would  naturally  play  no  part ;  and 
what  we  hear  of  them  is  chiefly  from  passages 
of  incidental  reference.  They  are  not  mentioned 
among  the  prophets,  poets,  physicians,  &c.,  in 
the  catalogue  of  hifu6€ffyoi  in  Od.  xvii.  382 
foil. :  and  this  may  dbow  (1)  that  they  were  not 
a  trained  professional  body  or  guild ;  (2)  that 
they  were  distinguished  from  the  /lirrsis,  or 
wandering  diviners.  Their  duties  seemed  to 
have  been  chiefly,  as  in  later  times,  those  of 
prayer  and  sacrifice;  hence  the  names  ii(niTiip 
(77.  i.  11 ;  V.  78)  and  $v6<ncoos  (It.  xxir.  221). 
They  were  held  in  high  honour :  of  the  priest 
of  Scamander  it  was  said  that  he  was  honoured 
as  a  god  by  the  whole  people  (//.  v.  78 ;  cf.  xvi. 
605).  On  one  occasion  only  do  we  hear  of 
insult  9ffered  *to  a  priest ;  i.e,  at  the  opening  of 
the  Iliad,  by  Agamemnon  to  the  priest  Chryses : 
aod  this  "was  so  startling  as  to  rouse  the  anger 


SACERDOS 


569 


of  the  army  and  bring  down  the  wrath  of 
Apollo  in  the  form  of  a  pestilence.  The  local 
priest  is  represented  in  i?.  v.  10  as  wealthy  and 
important,  a  fact  quite  in  keeping  with  the 
feeling  of  later  times  that  priests  should  be  of 
high  descent  and  substantial  means.  In  Od,  ix. 
200  we  hear  of  a  local  priest  dwelling  in  a 
house  in  close  proximity  to  his  temple,  with  his 
wife  and  children ;  a  glimpse  of  old  Greek  life 
which  is  confirmed,  as  we  shall  see,  by  the 
evidence  of  a  later  age.  But  further  details  of 
the  Homeric  priests  are  wanting,  even  in  the 
Odyssey,  and  it  cannot  be  assumed  that  they 
played  an  important  part  in  the  civilisation 
which  the  poems  represent.  (See  Buchholz, 
ffom.  Healienj  vol.  iii.  pt.  2,  §  178 ;  Gladstone, 
Homer  and  the  Homeric  Age,  iii.  279  ff.,  where, 
however,  the  Trojan  priests  are  wrongly  con- 
sidered as  belon)(ing  to  a  separate  civilisation.) 

Our  information  about  priests  in  historic 
times  is  not  only  scattered  about  in  a  great 
number  of  authors  and  inscriptions,  but  na- 
turally refers  to  a  great  variety  of  the  cities  of 
the  Hellenic  world,  in  which  the  usages  varied 
considerably.  It  extends  also  over  a  period  of 
several  centuries,  down  to  the  age  of  the  Roman 
empire ;  and  it  is  unfortunately  the  last  half  of 
this  long  period,  and  not  the  age  of  genuine 
Greek  civilisation,  which  has  yielded  by  far  the 
greater  part  of  our  results.  It  is,  therefore, 
difficult  to  present  a  consistent  picture  of  the 
position  and  duties  of  the  Greek  priest  in  the 
centuries  which  may  more  properly  be  called 
those  of  Greek  history.  Under  the  heads,  how- 
ever, of  the  qualifications,  mode  of  appointment, 
duties,  and  privileges  of  the  priesthood,  some 
account  may  be  given  of  certain  features  of 
special  interest. 

Qualifications, — In  the  first  place,  it  was 
essential  that  a  priest,  if  a  man,  should  be  a 
full  citizen  of  the  state  to  which  the  temple 
belonged  of  which  he  had  charge ;  and  so  ado, 
if  that  worship  were  the  peculiar  property  of  a 
gens  or  family  within  the  state,  he  must  be  a 
full  member  of  that  gens  or  family.  Thus,  at 
Athens,  no  fidroucos  could  hold  a  priesthood ; 
e.g,  in  the  case  of  the  priesthood  of  Heracles,  we 
learn  from  Demosthenes  that  no  foreigner  or 
metoec  could  qualify,  or  anyone  who  was  not  a 
member  of  a  phratria  (at  that  time  the  test  of 
true  citizenship) ;  and  he  speaks  of  the  priesthood 
as  under  the  same  conditions  as  the  magistracy 
(Dem.  Svbttl.  p.  1313,  §§  46-48).  In  general 
terms  Plato  expresses  the  same  necessity  (Legg. 
759  C),  when  he  lays  it  down  for  his  ideal  state 
that  the  priest  should  be  6k6kKi^pos  icol  yv^trtos^ 
i.e.  sound  in  all  respects,  including  birth.  So 
also  an  inscription  of  Chalcedon  (probably  of 
the  2nd  century  D.C.)  forbids  a  priesthood  to  be. 
sold  to  anyone  who  was  not  thus  sound  and  in 
full  possession  of  civic  rights  (Dittenberger,  Syll. 
Ins.  Gr.  369).  These  regulations,  however,  did 
not  exclude  women  from  priesthoods,  and  priest- 
esses are  met  with  in  all  parts  of  Greece.  At 
Athens  a  priestpss  seems  to  have  enjoyed  at  least 
some  rights  of  a  citizen ;  e.g.  she  could  plead 
before  the  council,  sign  documents,  &c.  (Martha, 
op.  cit.  p.  22).  For  priestesses  persons  of  rank 
and  substance  seem  to  have  been  preferred; 
thus  in  an  inscription  from  Halicamassus  we 
find  that  the  priestess  must  be  of  aristocratic 
descent  for  three  generations  at  least  (Ditten- 


670 


SACERDOS 


berger,  No.  371).  And  Aristotle  iDsists  that 
no  husbandman  or  mechanic  should  be  a  priest ; 
the  gods  should  receive  honour  from  the  citizens 
only  (Po/.  vii.  9,  8=p.  1329  a,  29).  The  Pythia 
of  Delphi  teems  to  have  been  an  exception  to  this 
rule,  as  she  was  chosen  at  large  from  among 
all  the  women  of  Delphi  (Eur.  /on,  1323 :  cL 
Pint.  Pyth,  Or,  22;  Hermann,  Gr.  Alterth,  ii. 
p.  256).  This  was  perhaps  for  reasons  of  state, 
or  because  it  was  difficult  to  procure  a  woman 
of  the  peculiar  temperament  required  by  the 
office. 

The  second  chief  qualification  was  that  of 
j^rity,  bodily  and  mental.  This  is  also  explicitly 
laid  down  by  Plato  in  the  passage  just  quoted 
ftrom  the  Laws,  and  is  partly  implied  in  the 
word  6K6KKiipot  already  mentioned.  As  all 
approach  to  the  gods  without  purification  was  a 
sin  even  in  the  ordinary  worshipper,  b  fortiori  it 
was  so  in  the  priest.  At  Athens  no  one  could 
hold  a  priesthood  who  had  led  a  vicious  life 
(Aeschines,  Timarch.  §  19),  or  who  had  neglected 
his  parents  (Xen.  Mem.  ii.  %  13).  Bodily 
purity  was  equally  essential.  Strict  regulations 
were  often  posted  at  the  doors  of  temples  for 
the  guidance  of  worshippers  in  keeping  them- 
selves  pure,  *whieh  applied  even  more  to  the 
priest ;  and  the  highest  state  of  purity  was  to 
have  a  healthy  mind,  free  from  guilty  con- 
science, in  a  healthy  body  (Newton,  Art  and 
Archaeologr/,  p.  156).  Ail  contact  with  a  dead 
body,  for  example,  defiled  a  man ;  and  if  a 
priestly  family  were  temporarily  defiled  by  the 
death  of  owe  of  its  own  members,  the  priest- 
hood was  sometimes  forfeited.  Thus  the  death 
of  a  child  of  a  priest  of  Messene  is  said  by 
Pausanias  to  have  caused  a  vacancy  (Pans.  iv. 
12,  4).  In  the  same  way  we  find  that  many 
priesthoods  could  only  be  filled  by  virgins; 
and  Pausanias  mentions  one  at  Calanria  where 
a  girl  must  resign  the  priesthood  of  the  temple 
of  Poseidon  when  of  age  to  marry  (ii.  33,  3). 
On  the  other  hand,  all  the  priests  of  the  Ephe- 
sian  Artemis  were  eunuchs  (Koscher,  Mi/th,  Lex. 
a.  V.  Artemis,  p.  501a);  and  the  priest  and 
priestess  of  Artemis  Hymnia  at  Orchomenus,  in 
Arcadia,  were  not  only  cut  ofi"  from  all  bodily 
impurity,  but  from  all  intercourse  with  the 
World  (Pans.  viii.  13,  1).  Such  exaggerated 
asceticism,  however,  was  not  truly  Qreek  in 
character,  and  was  undoubtedly  of  Oriental 
origin.  There  was  no  general  rule  against  the 
marriage  of  a  priest.  The  regulations  suggested 
by  Greek  thinkers  were  also  more  moderate; 
both  Aristotle  and  Plato  recommend  only  that 
priests  should  be  of  advanced  age  (Ar.  Pol.  vii. 
9,  9;  Plato,  Legg.  759  D).  Old  men  and 
women  actually  occur,  as  at  Delphi  and  Athens, 
instead  of  virgins,  for  the  care  of  the  perpetual 
fire ;  but  this  may  have  been  a  later  custom, 
arising  from  the  difficulty  of  getting  virgins  to 
serve  (Pint.  Num.  9).  Boy-priests  are  occa- 
sionally mentioned,  who  served  until  the  age 
of  puberty  (Pans.  vii.  24,  2,  where  the  boy 
must  be  of  remarkable  beauty ;  and  C.  I.  G. 
6206).  In  these  examples  of  priesthoods  filled 
by  persons  of  old  age  or  extreme  youth,  we  may 
also  perhaps  see  the  call  for  purity  combing 
with  the  Greek  feeling  that  a  man  in  the  prime 
of  life  was  required  for  the  service  of  the  state. 

Mode  of  appointment. — ^This  was  by  no  means 
uniform;   but  we  may  discern  three  principal 


6ACEBD0S 

methods,  which  in  rough  chronological  order 
would  be— (1)  by  hereditary  descent,  ie.  by 
devolution  or  selection  out  of  a  gens  or  family ; 
(2)  by  public  election,  either  by  means  of  open 
voting  or  the  lot ;  (3)  by  purchase. 

1.  As  regards  the  first  of  these,  we  have 
abundant  evidence  that  many  priesthoods  de- 
scended in  the  same  family  or  gens,  though  we 
know  little  of  the  method  by  which  the  priest 
was  chosen  from  among  its  members.  The 
reason  of  such  hereditary  right  is  not  far  to 
seek.  A  cultus  which  had  been  peculiar  to  a 
family  or  gens  before  its  absorption  in  a  state, 
retained,  even  after  that  absorption,  the  right 
to  be  served  by  a  member  of  that  minor  group 
only;  the  perfect  performance  of  its  ritual 
being  in  this  way  better  secured.  Thus  the 
family  of  Gelo  of  Syracuse  claimed  to  be  here- 
ditary hierophants  of  Demeter  and  Persephone 
in  the  city  of  Gela,  because  their  ancestor 
Telines  had  brought  the  sacra  of  that  worship 
from  Cnidos  (Herod,  vii.  153).  At  Athens  the 
Eumolpidae  held  the  office  of  hierophant  of 
the  Eleusinian  mysteries,  the  Eteobutadae  the 
priesthood  of  Athene  Polias,  the  Gephynei  that 
of  the  Achaean  Demeter,  the  Hesychidae  that  of 
the  Eumenides,  the  Phytalidae  that  of  Demeter, 
Poseidon  and  Theseus,  &c.  (see  for  these  and 
other  instances,  Maury,  Rd.  de  la  Oreoe,  vol.  ii 
387  foil.).  So  too,  at  least  in  later  times,  it 
was  not  uncommon  for  a  state  to  grant  a  here- 
ditary priesthood  to  one  who  had  been  a 
benefactor  of  the  cult  (C.  7.  <?.  2448;  Martha, 
op.  cit.  p.  38).  Maeandrius  of  Samos  proposed 
to  establish  in  his  family  a  perpetual  priesthood 
of  Zeus,  as  compensation  for  giving  up  the 
tyranny,  on  the  ground  that  he  had  built  the 
temple  of  the  god  (Herod,  iii.  142>  As  to  the 
mode  of  succession  to  the  office  in  these  cases, 
we  know  of  instances  in  which  the  eldest  son 
succeeded  (C.  /.  A.  ii.  410;  C  /.  G.  2448; 
Martha,  /.  c.) ;  and  a  Halicamaasian  inscription 
informs  us  of  a  priesthood  in  which  the  succes- 
sion was  not  from  father  to  son,  but  from 
brother  to  brother,  devolving  to  sons  of  the 
eldest  brother  in  order  of  seniority,  then  to  sons 
of  the  next  brother,  and  back '  again  to  the 
grandsons  of  the  eldest  brother  (Newton,  op.  cit. 
p.  152).  In  other  cases  the  lot  seems  to  have 
been  used.  Thus  in  the  femily  of  the  Eteobu- 
tadae a  priest  is  mentioned  as  kax^  ^"^  '''^v 
ytyovs  tV  Upt*<r^tniv :  in  this  case,  however,  he 
was  able  to  hand  on  the  office  to  his  brother, 
and  perhaps  too  much  stress  should  not  be  laid 
on  the  word  Kax^y  (Pint.  Vit.  X.  Graft.  38,  39, 
p.  843  F;  Schomann,  Gr.  Alt.  ii.  405).  But' 
our  knowledge  on  this  point  is  still  scanty. 

2.  Of  appointment  by  voting  we  hear  little. 
An  instance  seems  to  occur  as  early  as  Homer 
(cf.  //.  vi.  300,  tV  7^  Tp£fs  fBriKOif  *A&ipfaiiis 
Upttaitf  with  the  note  of  the  Scholiast  in  Cod. 
Venet.  Marc.  453).  Another  is  recorded  in 
C.  I.  G.  2270,  18,  from  Delos ;  but  this  seems 
to  have  been  a  preliminary  selection  of  candi- 
dates only,  and  not  the  final  election,  which  wu 
by  means  of  the  lot.  At  Athens,  as  elsewhere 
in  Greece,  the  commoneet  practice  seems  to  have 
been  to  elect  by  lot ;  and  it  is  recommended  by 
Plato  on  the  ground  that  the  lot  was  an  indica- 
tion of  he  divine  will  {Legg.  759  C).  Virgil 
WAS  aware  of  the  Greek  custom,  and  describes 
Laocoon  as  ''dtictta  Ntptnno  torte  sacerdos* 


8AGEBDOS 


SAGEBDOS 


571 


(Aen,  ii.  201).  Eiamples  are  fonnd  in  isscrip- 
tioDs  (see  t\  L  A.  352  b  and  567  b;  and  a 
paper  b/  Boeckb  in  Phil.  Museumy  vol.  ii.  p.  453 ; 
abo  Dittenberger,  No.  356,  9  =  C.  I.  A.  489  b.). 
In  some  cases  at  least,  this  sortition  seems  to 
have  been  preceded  by  some  kind  of  selection  of 
candidates  for  whom  the  lot  might  be  cast. 
Thus  in  the  case  of  the  priesthood  of  Hercnles, 
mentioned  in  Demosth.  Hubul.  1.  c,  it  was 
counted  an  honour  to  Enbulidea  to  hare  been 
among  those  so  selected.  A  somewhat  similar 
practice  is  mentioned  in  Pans.  Tii.  25,  13,  in  the 
caae  of  a  priestess  at  Aegae  in  Achaia  ;  and  the 
Delian  inscription  quoted  abore  (C  /.  G.  2270 ; 
Martha,  p.  32)  mentions  a  priest  of  Dionysus 
who  was  both  chosen  by  the  people  and  also  by 
lot,  and  points  therefore  in  the  same  direction. 
But  it  does  not  appear  whether  the  selection 
was  always  by  Toting,  or  in  some  other  way. 

3.  As  to  the  practice  of  purchasing  priest- 
hoods, we  hare  only  in  recent  years  gained  any 
adequate  information.  A  passage  of  Dionysius 
of  Ualicamassus  (ii.  21)  had  indeed  suggested 
it,  in  which  Romulus  is  described  as  appointing 
to  the  Roman  priesthoods  neither  by  putting 
them  up  for  boU  nor  by  the  lot,  but  In  another 
way.  In  1830  Boeckh  published  an  inscription 
from  Halicamassus  ((7.  /  0, 2656 ;  Dittenberger, 
No.  871)  which  contains  a  decree  affecting  the 
priestess  of  Artemis  Pergaea,  who  had  purchased 
her  priesthood;  and  it  became  evident  that 
Dionysius  was  alluding  to  a  practice  of  his  own 
city.  Since  that  time  several  other  inscriptions 
have  come  to  light,  which  show  that  Halicar- 
nassus  was  by  no  means  the  only  place  where 
priesthoods  were  sold,  and  the  practice  is  now 
prove<l  for  Chalcedon,  £ry three,  Andres,  and 
Hrconos  (see  Dittenberger,  Nos.  369,  370,  371 ; 
Le^Bas  Waddington,  Asie  Mmeure,  pp.  408  and 
457).  The  details  of  the  transaction  are  still 
imperfectly  understood,  and  further  light  is 
needed.  The  inscription  from  Erythrae,  how- 
ever (DHL  370),  is  an  extremely  interesting 
document,  giving  a  very  long  list  of  these  pur- 
chases, and  the  prices  paid  for  the  priesthoods, 
which  ran  as  high  as  4,600  drachmas  in  the 
case  of  that  of  Hermes  Agonios,  while  others 
fetch«i  comparatively  small  sums.  These 
prie&thoods  seem  to  have  been  put  up  for  sale  at 
the  same  time,  and  could  hardly  have  been  held 
for  life  (see  Lehmann,  Quo^st.  Souxrdot.  p.  52, 
Konigsberg,  1888  ;  cf.  also  Herbrecht,  du  Sacer- 
doti  apud  Oraecos  vcnditi&ne^  Strasb.  1885)  ;  but 
these  questions  are  still  under  discussion.  It  is 
to  be  noticed  that  the  practice,  so  far  as  we 
know,  was  confined  to  Asia  Minor  and  the 
islands  of  the  Archipelago;  no  instance  is 
known  at  Athens,  nor  nny  of  earlier  date  than 
the  3rd  century  B.c.  (Herbrecht,  p.  6).  It  is 
probable,  therefore,  thnt  the  custom  arose  under 
the  financial  pressure  caused  by  the  wars  among 
the  successors  of  Alexander  (Drovsen,  Hdlen- 
ismus,  ii.'  p.  355;  iii.  191  foil),  and  was 
found  a  sufficiently  lucrative  source  of  revenue 
to  spread  npidly  (Lehmann,  p.  53  foil.).  It 
points  not  only  to  the  material  advantages  of 
the  priest's  position  in  later  Greek  history,  but 
also  to  a  great  multiplication  of  priesthoods, 
and  to  a  serious  degeneracy  in  the  popular  esti- 
mation of  the  priestly  office.  (The  literature  of 
this  still  obscure  subject  will  be  found  quoted, 
up  io  dite,  in  Lehmann,  op.  cit,'^,  7.) 


DuHeB. — ^These  may  be  described  as  partly 
liturgical,  partly  administrative.  In  no  case 
did  they  include  education,  either  moral  or 
intellectual.  The  liturgical  duties  would  in- 
clude the  whole  of  the  temple-service :  viz.  the 
conduct  of  sacrifices,  both  those  which  were 
public  (i.«.  on  behalf  of  the  state)  and  those 
offered  by  individuals  on  their  own  account  (see 
SACBiFiCfUX  and  Dittenb.  Ko.  371),  including 
the  offering  of  the  proper  prayers  and  invoca- 
tions. How  far  the  priest  had  the  exduahe 
right  of  sacrifice  and  prayer  in  his  own  temple 
is  uncertain ;  but  there  is  no  doubt  that  it  waa 
usual  for  him  to  superintend  private  as  well  aa 
public  worship,  as  being  expert  in  the  proper 
ritual  and  formulae.  Thus  in  the  parody  in 
Aristoph.  Av.  864  foil,  it  is  the  priest  who  leada 
the  prayer,  selecting  the  proper  epithets  of  the 
supposed  gods.  (Cf.  Aesch.  m  Ctes.  §  18,  where 
the  proper  function  of  the  priests  is  described  as 
to  pray  to  the  gods  on  behalf  of  the  people ;  cf. 
also  Dittenberger,  369,  371.)  To  these  duties 
may  also  be  added  that  of  the  care  of  the  statue 
of  the  deity  to  whom  the  temple  was  dedicated, 
which,  in  some  cases  at  least,  had  to  be  con- 
stantly washed,  dressed,  and  served  with  repasts 
on  rpdirf(ai  (Martha,  op.  cit.  p.  45,  f<^l.),  in 
accoxdance  with  the  survival  of  the  primitive 
belief  that  the  god  actually  resided  in  the 
statue.  Thus  the  priest  was  essentially  the 
servant  of  the  god  (Serv.  ad  Aen.  i.  78,  **  dicatua 
est  numini,  hoc  est  ad  obsequium  datus  est"; 
cf.  Enrip.  /on,  131 ;  Poll.  i.  14). 

Under  the  head  of  administration  may  be 
included  in  the  first  place  the  charge  of  the 
fabric  and  contents  of  the  temple.  In  the 
Chalcedonian  inscription  already  quoted,  the 
priest  is  directed  Koaiinp  rhv  vahy  ica9'  iifiipav^ 
and  to  see  that  the  stoa  in  front  of  it  is  swept 
clean.  He  had  also  to  see  that  the  regulationa 
of  the  temple  in  respect  of  the  conduct  of  wor- 
shippers were  thoroughly  carried  out,  as  we 
learn,  e.g.^  from  an  inscription  of  Islysus  in 
Rhodes  containing  a  law  relating  to  the  sacred 
precinct  round  the  temple  of  Alectrona  (New- 
ton, Trans.  Royal  Soc.  Lit.  xi.  443).  From 
Athens  we  have  also  an  inscription  (JEpimn. 
Arch.  3139)  containing  a  proclamation  issued  by 
the  priest  of  the  temple  of  Apollo,  who,  in  con- 
junction with  the  demarch,  is  to  exact  a  fine 
from  anyone  taking  timber  or  firewood  from  the 
Up6¥  (Newton,  p.  156).  The  priest  was  thus 
in  this  case,  as  no  doubt  in  many  others,  joined 
with  the  civil  authority  in  the  protection  of 
the  temple  from  sacrilege.  But  with  him,  as 
with  the  dean  of  a  modem  cathedral,  lay  the 
immediate  responsibility:  thus  we  find  the 
priestess  of  Athene  on  the  Acropolis  •  personally 
withstanding  Cleomenes  the  Spartah  king  when 
he  tried  to  force  an  entrance  into  her  temple 
(Herod,  v.  73).  In  enforcing  these  rules  they 
were  m  larger  temples  assisted  by  vergen  and 
constables  under  various  names  (fiafiHo^potj 
K\ti9ovxoh  (dicopoif  wK6pOi,  &c. ;  see  Martha, 
op.  cit.  p.  88  foil.;  for  slaves  and  diaconi, 
Newton,  Essays,  p.  165).  With  the  more  impor- 
tant management  of  the  revenues,  repairs,  &c., 
and  the  general  administration  of  the  property  of 
the  temple,  the  priest  in  historical  times  seems 
to  have  had  little  to  do.  The  union  of  all  func- 
tions, liturgical  and  other,  survived  no  doubt  in 
smaller  temples  in  country  districts   (see  esp. 


572 


SAGEBDOS 


Arfst.  Pol.  Ti.  8,  18) ;  bat  in  all  large  cities  of 
which  wc  possess  detailed  information,  the 
management  of  sacred  property  had  passed 
almost  entirely  into  the  hands  of  the  state  by 
the  time  when  inscriptions  begin  to  be  instruc- 
tive on  this  subject  (i.f.  from  the  latter  half  of 
the  5th  century  B.C.).  As  the  temples  developed 
into  public  and  also  private  banlcs,  it  became  im- 
possible to  make  the  priests  responsible  for  their 
treasures;  under  various  names  (rofUai,  /e/>o- 
irotoi,  vaowoioi,  irifidKrircu,  &c.)  public  oflScers 
were  appointed  for  the  purpose  not  only  of 
taking  charge  of  the  treasures  and  other 
property,  executing  repairs,  &c.,  but  for  pro- 
viding victims  and  disposing  of  their  skins. 
[On  this  subject,  which  lies  outside  of  the 
scope  of  this  article,  see  articles  ARaEMTARii, 

DeRMATIOON,     SaCRIFICIUM,    and    VECriQALIA 

Temploruu;  Schumann,  Or.  Alth.  ii.  397; 
Homolle  in  Butt.  Correap.  Hell.  vi.  pp.  1-167 
(for  Delos);  Martha,  op,cit.  pp.  88-114,  and 
Hicks,  Or,  Hist.  Ins.  p.  88  foil,  (for  Athens) ; 
Dittenberger,  No.  294  (for  Delphi);  Newton, 
p.  154.] 

On  the  whole  it  may  be  concluded  that 
the  later  the  age  the  more  strictly  ritual- 
istic do  the  priest's  duties  become;  and  it 
is  significant  tliat  in  one  inscription,  of  a  date 
not  long  before  the  Roman  empire,  the 
conditions  under  which  the  priesthood  is  sold 
include  a  rule  that  even  the  fees  paid  in  by 
worshippers  in  the  temple  of  Artemis  are  to  be 
under  the  charge,  not  of  the  priestess,  but  of 
i^tTwrral,  i.e.  auditors  (Dittenb.  No.  371, 
line  30,  foil.). 

Privileges. — lo  return  for  their  duties,  the 
advantages  of  the  priests  were  considerable.  At 
all  times  they  were  held  in  high  honour,  and 
their  persons  were  deemed  inviolable.  Homer, 
as  we  saw,  describes  them  as  honoured  by  the 
people  like  gods  (//.  v.  78,  xvi.  605).  When 
Oleomenes  insulted  a  priest  at  Argos,  he  was 
considered  mad  (Herod,  vi.  81  and  84).  When 
Alexander  sold  the  Thebans  into  slavery,  he 
excepted  the  priests  only  (Aelixn,  Var.  Hist.  xiii. 
7).  At  Athens,  where  we  know  most  about 
their  position,  they  wore  reckoned  as  equal  to 
the  magistrates,  accompanied  them  in  public 
processions,  and  had  seats  of  honour  with  them 
at  the  dramatic  representations  (C  /.  A.  ii.  410, 
589 ;  Martha,  p.  128  f.) ;  facts  which  are  not 
astonishing  if  it  be  remembered  that  the  distinc- 
tion between  magistrate  and  priest  was  not 
clearly  conceived  in  the  earliest  times,  nor  at 
any  time  so  sharp  as  that  to  which  we  are 
ourselves  used.  Decrees  of  special  honours 
awarded  them  are  not  uncommon  in  inscrip- 
tions (<7.  /.  (?.  1063,  2270,  2462;  C.  I.  A.  ii. 
410,  589).  In  many  cases  they  enjoyed  a  house 
adjoining  the  temple  (0(/.  ix.  200;  I'aus.  ii.  11, 
6 ;  X.  34,  7) ;  whether  this  was  so,  however,  at 
Athens  and  in  large  cities,  may  be  doubted 
(Martha,  p.  119).  Lastly,  they  had  certain 
perquisites  arising  from  sacnfice^t,  which  must 
have  fonned  a  considerable  source  of  income. 
These  are  described  in  many  inscriptions  from 
various  parts  of  Greece,  and  show  a  great 
variety  of  usage  in  respect  of  the  portion  of 
the  victim  which  fell  to  the  priest ;  generally, 
however,  these  were  the  skin  and  Tegs,  and 
often  the  tongue  (Dittenb.  373,  876,  379; 
C.  I.  A.  610,  631 ;  Joum.  of  Hellenic  Studief, 


SAGEBDOS 

vol.  ix.  p.  328 ;  and  article  Sacsificium).    These 
perquisites  were    apparently  universal   in  the 
ciise  of  private  sacrifices,  and  fees  paid  on  these 
occasions  are  also  mentioned  (C  /.  0.  2656; 
Newton,  p.  158);  but  at  Athens,  when  public 
sacrifices  of  a  great  number  of  victims  were 
offered  at  one  time,  the  skins  were  sold  for  the 
state   (Martha,  p.  123  foil. ;   Boeckh/  Staatih. 
Appendix  viii.  and  viii.  b;  Debmatioon).    They 
were  also  enriched  by  the  offerings  of  fruits,  cakes, 
&c.,  constantly  brought  by  worshippers  for  the 
use  of  the  god,  which,  believed  by  primitive 
man  to  be  consumed  by  the  god  himself,  had 
gradually  come  to  be  regarded  in  Greece,  as 
elsewhere,  as  the  priest's  perquisite  (see  esp. 
Aristoph.  Plut.  676).     In  some  few  cases,  but 
apparently  only  in  later  times,  they  were  em- 
powered to  collect  money  (Dittenb.  369,  371, 
393 ;  for  the  priests  of  Cybele,  Cic.  de  Leg.  ii. 
9,  21).     They  must,  therefore,  have  had  ample 
means   of  amassing  wealth;    and  this  is  coo- 
firmed  both  by  the  monetary  value  of  priest- 
hoods noticed  above,   by  the    competition  for 
them,  and  by  the  evidence  we  possess  from  in- 
scriptions of  valuable  endowments  presented  by 
some  of  them  to  their  temples  (Newton,  p.  161). 
In  conformity  with  their  general  character  as 
a  part  of  the  community,  and  not  distinct  from 
it,  the  Greek  priests  wore  no  dress  that  can  be 
called  distinctive.    The  wreath   on  the  head, 
with  which  the  priest  always  appears  in  vase- 
paintings    and    sculptures,  was    worn    by  all 
persons  when  sacrificing,  and  was  as  much  the 
mark  of  the   magistrate  as  the  priest.    These 
wreaths  seem  to  have  been  often  taken  from  the 
tree  sacred  to  the  deitv  to  whom  the  sacrifice 
was   made ;   thus  the  laurel  was  used  in  the 
worship    of    Apollo    (BOtticher,    BaumhiltiUj 
p.    313).     The    hlerophant   and    daduchns   of 
Eleusis   wore    also    a  4rTp6^top  or    head-band 
(Arrian,  Epictet.  iii.  21,   16),  and  also  wore 
their  hair    long,  a  practice  which  seems   to 
have  been  not  uncommon  (Pint.  Ari^.  5).    On 
the  monuments  priests  generally  appear  in  a 
long  chitoo,  of  the  old-fasthioned  kind  discarded 
by  the  Athenians  in  the  Periclean  age ;  so  the 
priest  and   priestess  of  Athene  appear  in  the 
frieze  of  the  Parthenon.    Such  a  chiton  would 
seem  also  to  have  been  worn  by  the  Pythia  oi 
Delphi,  as  appears  from  a  vase-painting  of  which 
a  cut  is  given  in  Baumeister's  Denkm.  p.  1110. 
These  garments  were  certainly  as  a  rule  white. 
This  is  what  Plato  enjoins  in  the  Laws  (956  A); 
and  it  is  also  enjoined  on  the  initiated  in  the 
mysteries  of  Andania  (Dittenberger,  388,  17). 
Thus  PluUrch,  writing  of  the  son  of  Aratos 
offering  sacrifice  at  his  father's  ^irave,  mentions, 
as  an  exception  to  the  general  rule,  that  he 
wore  a  trrpSpior  which  was  not  entirely  white 
(Plut.    Arat    57;    Id.    Arist.    21).    A    more 
ornamental  dress,  both  as  t4>  colour  and  adorn- 
ment, seems  to  have  been  occasionally  worn  in 
later  times,  e.g.  at    the  Eleusinian  mysteries 
(Maurv,  op.  cit.  ii.  400),  and  purple  is  mentioned 
as  early  as  Aeschylus  (in  the  cult  of  the  dead : 
Eum.  982;   cf.   Schumann,  Or.  Alt.  ii.  412). 
But  in  most  cases  where  the  dress  is  peculiar, 
we  may  suspect  that  the  priest  or  priestess  is 
personating  the  deity   to  whom  sacrifices  are 
offered.    This  may  be  so  in  the  case  of  Iphigeneia 
as  priestess  of  Artemis  represented  on  a  vase 
(Baumeister,  p.  757;  cf.  Pans.  x.  24,  4>     The 


8ACEBD0B 


6ACEBD0S 


573 


Mgis  of  Athene  was  worn  on  certain  occasions 
hj  her  priestess  at  Athens  (Suidas,  s.  v,  aiyls). 
For  this  class  of  practices,  which  in  some  cases 
seems  to  have  a  totemistic  origin,  see  F.  Back, 
de  Qraeoomm  caerimoniia  in  quibus  homines 
deontm  vice  fungebantUTf  Berlin,  1883 ;  Hermann, 
Gr.  Alth.  ii.  sec.  35. 

There  remains  the  qaestion  whether  the  Greek 
priest  was  consecrated  to  the  service  of  his  deity  by 
any  kind  of  ceremony.  If  such  ceremony  existed, 
we  hear  nothing  certain  of  it.  Lucian,  indeed, 
mentions  the  itrlwris  of  the  hierophant  and 
dadachos  of  the  Eieosinian  mysteries  {Lexiph. 
10) ;  and  in  the  Chalcedonian  inscription  already 
quoted  the  word  iyOtcis  =  iufdBtais  indicates 
some  kind  of  dedication  of  the  priest;  either 
an  inauguration  only,  as  Dittenberger  thinks 
(p.  524  note),  or  a  dedication  to  the  god  of  the 
kind  by  which  slaves  at  Mphi  and  elsewhere 
were  made  over  to  the  service  of  the  temple 
(Herbrecht,  op,  cit,  p.  33).  Whatever  was  the 
ceremony  at  Ohalcedon,  it  is  at  least  significant 
that  the  word  tateeriBtyai  is  habitually  used  of 
dedicating  objects  by  way  of  gitl  in  the  temples, 
and  the  inference  would  seem  to  be  that  the 
priest  himself  was  reckoned  as  the  property  of 
the  god;  a  notion  which  falls  in  sufficiently 
well  with  the  other  facts  which  have  been 
already  mentioned  in  the  foregoing  account. 

Prievtb  at  Rome. — ^An  account  of  the  several 
Roman  priesthoods  will  be  found  in  the  articles 
on  PONTIFICES,  AueuRES,  Flauines,  &c  ;  it  will 
be  sufficient  here  to  give  a  brief  outline  of  the 
history  of  the  Roman  priesthood  generally,  in 
order  to  compare  it  with  the  Greek  sacerdotal 
system.  In  the  earliest  times  it  is  probable 
that  the  Roman  idea  of  a  priest  and  his  duties 
differed  but  little  from  that  of  the  Greeks ;  he 
was  assigned  to  the  worship  of  a  particular  god 
and  exercised  no  direct  politi^l  influence. 
The  general  name  for  such  priests  was  flamen 
(Le,  kindler  of  sacrificial  fire),  and  they  con- 
tinaed  in  existence  with  gradually  decaying 
importance  to  the  latest  times.  But  their 
influence  was  steadily  overshadowed  by  that  of 
those  great  colleges  which  we  always  associate 
with  religious  government  in  Roman  antiquity, 
especially  the  pontifices  and  augurs ;  and  thus  a 
new  element  was  introduced  which  is  qaite 
foreign  to  anything  we  have  met  with  in  Greece. 
It  is  a  curious  fact  that  at  the  very  time  (the 
end  of  the  monarchy  and  first  age  of  the 
Republic)  when  Rome  was  becoming  penetrated 
by  OreelE  religious  ideas,  the  simple  and  un- 
political priestly  system  which  survived  in 
Greece  was  giving  way  to  a  new  development 
which  was  distinctly  Roman  and  political.  It 
is  the  hbtory  of  this  change  which  we  must  be 
content  to  trace  here. 

Period  of  the  Monarchy, — Every  Roman  was 
the  priest  of  his  own  household  [Sacra],  and 
every  action  of  the  household  had  its  reli- 
gious aspect.  In  the  state  we  see  the  same 
leading  feature,  that  the  rex  was  priest  for 
the  wnole  people.  This  is  sufficiently  proved 
(I)  by  the  appointment  of  the  rex  sacrorum 
when  the  monarchy  came  to  an  end,  in  order  to 
keep  up  the  virtue  of  certain  sacrifices  which 
had  been  performed  by  the  king;  (2)  by  the 
position  of  the  pontifex  maximus  from  the  outset 
of  the  Republic:  his  office  was  in  the  king's 
house  [Reoia],  the  fiamens  and  vestals  were  in 


his  patria  potesUUf  and  it  was  he  who  succeeded 
the  rex  in  moiit  of  his  religious  functions. 

To  maintain,  then,  the  full  rights  of  the  god  as 
against  the  state,  i.e.  to  fulfil  in  the  minutest 
detail  the  state's  duties  towards  the  gods,  was  a 
most  important  part  of  the  king's  sphere  of 
action ;  and  here  we  get  at  once  the  germ  of  the 
whole  Roman  conception  of  a  public  cult,  which 
was  maintained  consistently  throughout  Roman 
history.  The  gods  are  always  in  direct  relation 
to  the  state  and  to  its  magistrates.  They  are 
regarded  as  interested  in  the  state  as  a  state, 
and  as  calling  for  the  fulfilment  of  duty  from 
the  state  in  the  person  of  its  appointed  rulers. 
(This  point  may  be  illustrated  by  reference  to 
the  significant  fact  that  the  property  belonging 
to  the  temples  was  not  managed  by  the  priests, 
but  by  the  magistrates.  See  Mommsen, 
StaaUrecht,  ii.'  1,  60  foil.) 

In  the  earliest  form  of  the  state  the  king  and 
his  household  may  have  sufficed  for  the  perform- 
ance of  these  duties.  His  unmarried  daughters 
were  the  vestals  who  attended  to  the  sacred  fire 
of  the  state  in  the  king's  house  (Frazer,  Journal 
of  Philology f  vol.  xiv.  154  foil.) ;  and  the  origin  of 
namines  may  be  traced  to  the  king's  sons,  whose 
duties  were  to  kindle  the  sacrificial  fire  for  the 
worship  of  particular  deities,  e.g.  Jupiter,  Mars, 
Quirinus,  &c  Such  at  least  is  a  fair  inference 
from  the  fact  that,  as  was  mentioned  above,  both 
fiamens  and  vestals  were  in  the  patia  potestaa  of 
the  rex,  as  afterwards  of  the  pontifex  maximus. 
This  was  the  earliest  form  of  state  worship  so 
far  as  we  can  guess  it ;  for  further  details  as 
to  the  religious  duties  of  the  king,  see  Rex. 

It  is  obvious  that  as  the  state  increased  in  size 
and  began  to  come  into  collision  with  its  neigh- 
bours, i,e,  as  the  judicial  and  military  duties  of 
the  king  grew  more  complex,  he  would  find  it 
more  difficult  to  fulfil  with  the  necessary 
precision  the  state's  duties  towaixis  the  gods. 
Thus  already  in  the  regal  period  we  hear  of  the 
introduction,  generally  ascribed  to  Numa  by 
the  Rofnans  themselves,  of  certain  colleges  of 
priests  besides  the  vestals  and  fiamens.  Dio- 
nysius  (ii.  64,  TO  foil.)  mentions  the  Augures, 
PoiiTiFices,  Salii,  Fetiales,  and  ^ribuni 
Celerum,  to  which  may  certainly  be  added 
the  Fratres  Arvales  and  Sodales  Titii.  He 
also  mentions  the  thirty  curion^s  or  priests  of 
the  Curiae  (see  Curia  and  Sacra),  but  these 
were  noi  state  priests  in  the  strict  sense  of  the 
word. 

None  of  these  priesthoods,  however,  had  any 
great  infinence  on  Roman  history,  or  contributed 
to  the  great  change  in  the  religious  system 
which  took  place  in  the  period  of  the  Republic. 
In  order  to  understand  this,  we  must  turn  to 
the  Pontifices  and  the  Augurs. 

It  is  not  possible  to  determine  with  certainty 
what  part  was  played  by  these  two  colleger 
under  the  monarchy,  or  to  what  extent  they 
were,  strictly  speaking,  aaoerdotes  at  all  (Momm- 
sen,  Hist.  i.  177).  They  may  have  formed  bodies 
of  advisers  of  the  king  on  religions  matters  of 
importance ;  and  the  king  was  probably  at  the 
head  of  each  of  them,  and  chose  them  himself 
from  the  patrician  gentes,  to  which  all  priest- 
hoods then  and  for  long  afterwards  were 
confined  (Marquardt,  iii.'  240  foil. ;  Mommsen, 
Siaatsrechtf  ii.'  24  foil.).  The  Augurs,  we  may 
I  presume,  advised  the  king,  or  acted  for  him 


674 


SAGEBDOS 


8AC£BD08 


in  all  the  minute  lore  of  the  old  Italian  ritual  of 
dedication  and  inauguration  [see  Templum  and 
Auspicia]  ;  the  Pontifices.  in  all  matters  of  the 
jus  divinunif  i.e.  of  the  laws  of  marriage,  burial, 
portents,  and  general  religious  supervision 
(Liy.  i.  20).  For  detailed  information  about 
these  colleges,  references  may  be  made  to  the 
separate  articles.  It  is  easy  to  see  how  with 
the  rapid  development  of  the  state  under  the 
last  two  kings,  and  with  the  admission  of  the 
Plebs  to  a  voice  in  the  government,  the  increase 
of  territory  and  the  consequent  admission  of  new 
cults,  the  administration  both  of  the  auspicia 
and  the  jus  divmum  must  have  tended  to  pass 
more  and  more  from  the  king  into  the  hands  of 
these  experts.  And  it  is  in  this  way  that  we 
must  explain  their  rapid  rise  to  power  when 
the  Republic  came  to  an  end. 

Ferid  of  the  Bepublic. — ^Three  great,  though 
gradual,  changes  are  to  be  noted  in  this  period. 
The  first  of  these  is  the  natural  development  of 
the  influence  of  the  Pontifices  and  Augurs,  which 
was  already  on  the  increase  towards  the  close  of 
the  Monarchical  period,  and  the  corresponding 
decay  of  the  purely  sacrificial  priesthoods.  So 
long  as  the  king  was  the  centre  of  all  state 
religion,  appointing  and  controlling  the  priests, 
and  being  himself  of  their  number,  it  had  been 
impossible  for  them  to  acquire  any  overpowering 
political  influence ;  but  when  the  state  came  to 
be  governed  by  yearly  elected  magistrates,  who 
could  not  be  specially  trained  in  religious  law 
or  lore,  a  great  opportunity  was  offered  to  the 
experts  both  in  the  jus  divinwn  and  in  the  ritus 
auspiciorumf  of  which  full  advantage  was  taken. 
The  Pontifices  became  the  advisers  of  the 
republican  magistrates  on  all  technical  matters 
relating  to  religious  law,  and  thus  gained  a 
permanent  hold  on  the  state  machinery  as  well 
as  on  the  private  life  of  individuals. 

Secondly,  we  have  to  note  the  rise  to  power 
in  this  period  of  a  third  great  priesthood, 
already  instituted  by  the  last  king,  which 
henceforth  ranked  with  the  Pontifices  and 
Augurs  as  one  of  the  three  great  religious 
collegia, — ^the  decemviri  (at  first  duocnn,  later 
quindedmvirf)  sacris  faciundis.  [See  DfiCEMVlSi, 
Vol.  I.  p.  601  ;  SiBTLLINI  LiBBI.] 

Thirdly,  the  decay  of  the  older  priesthoods  in 
this  period  is  hardly  less  striking  than  the 
gradual  development  of  the  power  of  the  three 
great  colleges.  So  long  as  the  Romans  retained 
something  of  their  native  religious  feeling,  these 
priesthoods  no  doubt  kept  a  certain  hold  on  the 
popular  mind;  but  as  new  forms  of  religion 
came  in,  as  the  pontifical  theology  adapted 
itself  to  them,  and  as  Rome  advanced  In  con- 
quest  and  the  absorption  of  foreigners,  they 
were  left,  as  it  were,  stranded,  and  void  of 
meaning.  Towards  the  close  of  the  Republic 
they  began  to  disappear  altogether,  and  we  have 
the  singular  historical  phenomenon  of  obsolete 
curiosities  like  the  Flamen  Dialis  and  the 
Fratres  Arvales  being  restored  at  the  beginning 
of  the  Empire,  when  once  more  the  general 
supervision  of  the  state  religion  was  concen- 
trated in  the  hands  of  a  monarch.  One  only  of 
these  priesthoods  retained  its  life  and  prestige 
almost  undiminished  throughout  the  whole  of 
Roman  history — that  of  the  Vestal  virgins ;  a 
fact  that  can  be  explained  partly  by  its  feminine 
character,  which  kept  it  out  of  all  competition 


for  political  influence,  and  still  more  by  the 
nature  of  the  worship  of  Vesta  as  the  religious 
focus  of  the  state-life,  and  the  legends  which  in 
the  popular  fancy  connected  it  with  the  founda- 
tion of  the  city. 

There  were  other  changes  of  a  more  technical 
character  in  this  period,  besides  those  which 
immediately  aflfected  the  relative  importance  of 
the  several  priesthoods.      While  the  offices  of 
Rex  sacrorum  and  the  older  sacrificial  priest- 
hoods were  always  confined  to  patricians,  the 
three   great  collegia   were  in   course  of  time 
thrown  open  to  plebeians  also.   With  the  gradual 
equalisation  of  the  orders,  it  was  found  that 
those  had  grown  too  politically  important  to 
escape  the  plebeianiaing  of  the  secular  magis- 
tracy.    The   democratic   changes   first  in  the 
number  of  members  in  these  collegia  and  the 
admission  of  plebeians,  and  secondly  iu  substitut- 
ing election  for  the  more  exclusive  cooptation, 
have    been   detailed    in    the    articles  Adoub, 
Decemviri,  and   Pontifex.    Thus  the  great 
.Roman  priesthoods  were  in  this  period  steadily 
carried  along  by  the  full  force  of  the  political 
current  to  which  they  owed  their  power,  while 
the  more  antiquated  ones  left  the  centre  of  the 
stream  and  were  gradually  stranded.    And  thus 
also  it  came  about  that  the  Roman  religion  and 
its    ministers,    though  having    to  ^eal    with 
matters  so  technical  and  a  sacred  Uw  so  minute 
as  apparently  to   offer  every  chance   for  the 
growth    of   a    powerful  priestly  caste,  never 
became  dissociated  from  the  state,  or  from  the 
public   life    and    interests    of   the    individual 
citizen ;  and  Cicero  could  boast  with  truth  that 
there  was  no  grander  principle  in  the  constitu- 
tion than  that  which  plac«l  the  best  men  in 
the  state  at  the  head  at  once  of  the  religious 
system  and  of  the  political  machinery  (de  Dom, 
1,  1).    And  this  in  spite  of  the  fact  that  the 
priesthood  and   the  magistracy   were  as  such 
entirely  dissociated  from  each  other  in  Roman 
constitutional  law ;  no  priest  having  by  virtoe 
of  his  office  any  direct   hold  upon  the  state- 
machinery,  and  no  magistrate  having  any  part 
in  the  state's   religious   functions  (Momnuen, 
op,  dt  pp.  17  foll.^    This  was  the  republican 
theory ;   and  though  towards  the  end  of  that 
period  there  were  signs  of  its  collapse  (as  in 
the  details  of  the  new  system  of  election),  it 
maintained  itself  on  the  whole   until  further 
great  changes  took  place  on  the  establishment 
of  the  Empire. 

(For  the  relation  of  the  haruspices  to  the 
priesthoods  during  the  Republic,  see  Marquardt, 
Staatsverw.  iiL  410 ;  they  were  not  properly  a 
priesthood,  and  are  here  omitted  from  consider- 
ation. For  what  little  is  known  of  the  ma- 
nicipal  priesthoods  of  Italy  in  this  period,  see 
the  same  work,  pp.  475  foil.) 

Penod  of  the  jFmp«r<?.— The  history  of  the 
priesthood  under  the  Empire  is  a  subject  of 
great  difficulty,  and  as  yet  imperfectly  investi- 
gated. It  must  suffice  here  to  give  a  brief 
outline,  which  may  partly  be  filled  up  from  the 
works  of  Mommsen  and  Marquardt  alresdy 
quoted,  Henzen's  Acta  Fratrwn  Aroo/iMffH  *n^ 
especially  from  a  tract  by  P.  Habel,  de  ponti- 
jicum  Romanorum  inde  ab  Augusto  usque  ad 
Aurelianum  condicione  publioa.  Popular  ac- 
counts of  particular  aspects  will  be  found  in 
Boissier,  Religion  Somamtf  yoL  i^  and  Fried- 


SAGEBDOB 

liindcr,  BUtengnchkhte,  rol.  iii.  Cp.  also 
Boneh^Leclercq,  Les  i'cntifes.  But  no  work 
can  be  done  in  this  period  without  constant 
reference  to  the  Corpus  Inacriptionumf  and  the 
best  works  on  coins  of  the  period. 

The  subject  falls  into  three  dirislons:  1.  The 
onion  of  the  existing  priesthoods  in  the  person  of 
the  emperor ;  2.  The  new  priesthoods  connected 
in  Italy  and  the  provinces  with  the  worship  of 
the  emperors ;  3.  The  priesthoods  of  the  foreign 
worships  introduced  in  the  period. 

1.  Jnlius  Caesar  was  already  pont.  max.  when 
he  attained  to  supreme  power.  Augustus 
waited  until  the  death  of  Lepidus,  who  had 
succeeded  Jnlius,  and  was  not  elected  till  B.C.  11 
(ifon.  Ancyr.  ed.  Mommsen,  p.  28).  From  that 
time  onwards  the  office  was  not  only  an  iuTariable 
accompaniment  of  the  imperium,  but  was  reckoned 
at  the  head  of  all  the  other  offices  (Mommsen, 
StatOsr.  ii.  19),  and  in  the  title  followed  the 
cognomina  immediately.  With  this  the  emperor 
also  held  the  augunhip,  and  was  a  member  of 
the  other  two  great  collegia  of  the  quindecimoiri 
and  the  epulones  (Harquanli,  222) ;  and  the  same 
policy  was  pursued,  in  a  greater  or  less  degree 
according  to  the  standing  of  the  individual, 
with  regard  to  his  sons  or  other  male  relatives 
(Habel,  Caesare$,  p.  60  f.).  In  his  hands  also, 
directly  or  indirectly,  was  the  power  of  filling 
up  vacant  places  in  these  colleges  (Dio  Cass. 
xUi.  51);  and  thus  it  may  be  said  without 
exaggeration  that  the  days  of  the  early  monarchy 
had  returned,  and  that  the  union  of  the  secuUur 
and  religions  powers  in  the  state  was  complete. 
It  must,  however,  be  remembered  that  these 
great  priesthoods  had  by  this  time  done  their 
work,  and  that  we  rarely  find  instances  of  their 
being  put  by  their  imperial  holders  to  any 
important  practical  use.  They  served  to 
increase  the  dignitaa  rather  than  the  potesicu 
of  the  emperor,  who  was  seldom  present  at 
meetings  of  the  collegia,  and  the  actual  work, 
sQch  as  it  was,  was  probably  done  by  substitutes 
{pnmagistrij  Habel,  90).  Even  in  the  case  of 
the  supreme  pontificate,  which  alone  might  be 
regarded  as  exercising  a  great  influence  over  the 
life  of  Roman  citizens  so  long  as  questions  of 
adoption,  sepulture,  &c,  could  arise,  it  is  hard 
to  prove  this  influence  by  actual  examples  (see, 
however,  Tac  Ann,  iv.  16,  vi.  12 ;  Plin.  Epp. 
ad  Traj.  68).  We  must  in  fact  regard  them 
as  little  more  than  useful  ornaments;  but  as 
ornaments  which  increased  their  prestige,  and 
earned  it  into  the  remotest  parts  of  the  Em- 
igre. In  the  same  way  the  right  of  filling 
up  the  coUegia  became  a  powerful  source  of 
patronage,  and  served  to  secure  the  goodwill 
and  allegiance  of  important  personages  and 
their  families,  without  giving  them  burdensome 
duties.  {Agrioolaj  e.g.,  was  many  years  absent 
from  Rome  after  his  appointment  to  the  ponti- 
ficate:  Tac  Agr.  9.)  Thus  it  was  an  object  of 
ambition  to  secure  one  of  these  priesthoods,  and 
we  have  the  evidence,  both  of  historians  and 
inscriptions,  that  they  were  valued  at  a  higher 
rate  even  than  magistracies  (Habel,  88,  and  reff.). 
Thus  the  greater  priesthoods  of  the  Republic 
were  absorbed  into  the  personal  equipment  and 
patronage  of  the  emperors,  and  so  continued, 
giadnaily  losing  more  and  more  of  their 
original  use  and  meaning,  until  Christianity 
became   the    sUte    religion.      Meanwhile  the 


8ACEBD08 


575 


more  antique  priesthoods,  which  we  left  in  a 
state  of  decay  at  the  end  of  the  republican 
period — the  Rex  Sacrorum,  Flamines,  Fratres 
Arvales,  Salii,  Sodales  Titii,  &c  [see  under  the 
separate  articles] — had  been  revived  indeed  by 
Augustus,  according  to  his  policy  of  renovating 
and  completing  the  religious  outfit  of  the  state, 
and  thus  satisfying  the  popular  feeling  for  a 
better  service  of  the  gods;  but  in  most  cases 
they  survived,  not  so  much  by  pursuing  their 
original  ritual  as  by  transforming  it  to  suit  the 
worship  ot  their  patrons  (Marquardt,  iii.  438), 
and  may  thus  be  better  noticed  under  the- next 
heading.  ^ 

2.  The  most  striking  feature  of  the  religious 
history  of  the  Empire,  vis.  the  deification  of  the 
emperor,  naturally  produced  new  priesthoods, 
the  importance  of  which,  both  in  regard  to 
society  in  the  capital  and  organisation  in  the 
provinces,  forms  a  complete  study  in  itself,  and 
can  only  be  very  briefly  alluded  to  here.  In 
Rome  and  Italy,  it  was  the  policy  of  Augustus  to 
discourage  his  own  worship  (Suet.  Od,  52 ;  Dio 
Cass.  Iii.  35);  but  inscriptions  show  that  in 
spite  of  this  there  was  an  unauthorised  cult  of 
him  even  in  his  lifetime  in  several  Italian  dties, 
presided  over  by  fiammea  or  aaogrdoUa  (flamen 
being  the  general  word  in  use  in  municipia), 
e.g,  in  Pisa,  Praeneste,  Pompeii,  Beneventum 
(Marquardt,  iii.  465,  note  1).  Later  on  this 
cult  was  organised  in  all  the  municipia  of  Italy, 
in  conjunction  with  that  of  other  empeiors, 
and  was  maintained  by  fiammn  together 
with  Augustaies^  a  kind  of  sacred  guild  be- 
longing chiefly  to  the  inferior  classes,  but 
invest^  apparently  with  a  certain  priestly 
character  (C.  /.  L,  v.  3386;  Auoustales). 
After  the  death  of  Augustus,  Tiberius  pursued 
the  policy  of  declining  divine  honours  for 
himself,  while  on  the  whole  he  encouraged  the 
worship  of  his  predecessor;  and  in  the  first 
year  of  his  reign  (a.p.  14)  was  established  the 
famous  priesthood  which  was  specially  intended 
in  Italy  to  maintain  the  cult  of  Augustus 
[Auau8TAi«Es],  which  reckoned  thenceforward 
as  one  ot  the  great  priesthoods,  and  received  as 
its  symbol  the  (tforantifm,  answering  to  the 
aimpulum  of  the  pontifices,  the  patera  of  the 
epttkmes^  &c.  In  its  sphere  was  included  the 
worship  of  Clandius,  the  next  emperor  who  was 
deified,  and  then  we  hear  of  Sodales  Augustales 
Claudiales ;  later  on  again  of  a  new  priesthood 
on  the  same  model  for  the  worship  of  Vespasian, 
and  afterwards  of  Titus  (Sodales  Flaviales 
Titiales),  and  so  also  with  that  of  Hadrian  "and 
Antoninus  Pius,  so  that  the  number  of  these 
priesthoods  became  eventually  four,  the  last 
established  serving  for  the  cult  of  later  emperon 
(Marquardt,  iii.  479  foil. ;  Dessau  in  Eph,  Epigr, 
iii.  205  f. ;  Desjardins,  in  Mevue  de  PhiMogief  iii. 
33  f.).  Thus,  even  in  Rome  and  Italy,  not  only 
did  the  emperors  absorb  into  their  own  persons 
and  families  the  dignity  and  prestige  of  the 
great  existing  priesthoods,  but  they  enjoyed  the 
advantage  arising  from  an  organised  priestly 
worship  of  their  predecessors,  with  the  anticipa> 
tion  of  the  same  honour  for  themselves  afterdeath. 
And,  with  the  same  object  as  was  mentioned 
under  the  last  head,  the  ancient  sacrificial 
priesthoods  revived  by  Auprustus  were  made  to 
contribute,  so  that  throughout  the  whole  range 
of  priestly  functions  the  new  political  system 


676 


SAGEBDOS 


SACEBDOS 


and  the  new  tarn  given  to  religion  were  alike 
everywhere  present.  Thus  the  name  of  Augustus 
was  inclnded  in  the  Saliare  Carmen  used  by  the 
Salii  {Men.  Ancyr,  p.  27),  and  this  honour 
was  also  piud  to  several  later  emperors  and 
members  of  the  imperial  families.  The  LUPEBCI 
had  a  new  collegium  gentilicium  added  to  them 
in  B.C.  44,  that  of  the  Luperci  Julii,  which  con- 
tinned  far  into  the  Empire.  The  Sodales  Titii 
numbered  Augustus  and  Claudius  among  their 
members,  and  were  under  obligations  to  Ves- 
pasian (Marquardt,  447).  But  it  is  from  the 
fortunate  discovery  of  the  inscriptions  of  the 
Arval  Brotherhood  that  we  gain  far  the  most 
insight  into  the  way  in  which  all  kinds  of 
religious  ceremony  were  pressed  into  the  service 
of  the  Empire ;  and  a  study  of  Henzen's  Acta 
Dratmm  Arvalium  is  perhaps  the  best  intro- 
duction to  a  study  of  the  new  system  [see 
ABVALE8  FratrebI  Thus  the  odour  of  sanctity 
adhering  to  the  oldest  rural  priesthood  of  the 

f primitive  Romans  was  made  to  contribute  to  the 
ustre  of  the  latest  imperial  system,  even  down 
to  the  time  of  Constantine  and  his  sons,  and 
after  Christianity  had  become  the  recognised 
religion  of  the  Empire  (Marquardt,  462). 

In  the  provinces  the  priesthoods  of  the  new 
worship  came  to  be  of  very  great  importance. 
It  was  here  the  policy  of  Augustus  to  associate 
his  own  cnltus  with  that  of  Ika  Boma  ;  and 
this  conjunction  was  steadily  retained  and 
systematised,  and  is  to  be  carefully  distinguished 
from  all  other  forms  of  the  apotheosis  which 
made  their  way  into  the  provinces.  (See  Des- 
jardins,  in  Bev,  de  Fhiht,  1879,  pp.  42,  63.) 
In  almcHt  every  province  we  find  a  sacerdoa 
(or  flamen)  Somas  et  Axigusti  provinciae ;  the 
priestly  title  is  found  in  numberless  inscriptions 
under  various  forms,  both  in  Latin  and  Greek 
(^X'*P*^')f  ^^^  occurs  in  a  shortened  form  as 
simply  sacerdos  provinciae.  This  great  priest 
was  elected  yearly  (in  most  provinces,  but  for 
Asia  see  W.  M.  Ramsay  in  Classical  Eeview, 
vol.  iii.  p.  175)  by  the  general  meeting  of 
representatives  from  the  various  cities  of  the 
province  (communia,  conctiia,  Koutd),  from  per- 
sons of  consideration  among  the  provincials,  and 
was  charged  with  important  duties,  such  as  the 
collection  and  management  of  the  funds  for  the 
temples  of  the  cult,  the  presidency  of  the  games, 
and  also  of  the  assemblies  of  legati  just  men- 
tioned [Neocx>ri].  Of  this  assembly  he  was 
also  the  immediate  representative  in  all  com- 
munications with  the  emperor,  and  was  thus 
independent  even  of  the  provincial  governor. 
His  importance  in  the  development  of  the 
imperial  system  can  hardly  be  over-estimated. 
(Desjardins,  /.  c. ;  P.  Giraud,  Les  AssenMees  Pro^ 
vincialeSj  Paris,  1888 ;  Marquardt,  Staatsv, 
L  366 ;  Epihem,  Epigr,  i.  200  f.) 

The  cities  of  the  provinces,  as  well  as  the 
commwfiia  or  jcoimC,  possessed  priests  of  the  wor- 
ship of  Rome  and  Augustus :  this  was  at  least 
the  case  in  the  African  provinces,  where  they 
constantly  occur  in  inscriptions  under  the  titles 
of  **  flamen  Augusti,"  **  flamen  Augusti  per- 
petuus,*' or  *'  flamen  "  simply.  As  these  appear 
to  have  been  elected  yearly,  it  is  probable  that 
the  epithet  **  perpetuus  **  indicated  an  honorary 
rank  conferred  in  some  cases  on  the  holder. 
Flaminioae  also  occur,  as  in  the  worship  of  the 
Diti  in  Italy.     The  word  mcerdos  is  also  found 


in  these  inscriptions,  but  it  is  uncertain  whether 
these  were  identical  with  the  flamines.  These 
municipal  priesthoods  may  be  considered  as  a 
subordinate  part  of  the  main  provincial  organisa- 
tion of  the  worship  of  Rome  and  the  emperors, 
and  distinct  from  that  of  the  Divi,  which  is 
found  in  the  provinces  also  (Desjardins,  cjp.  ct7. 
55  f. ;  Flamen). 

In  the  4th  century  A.D.,  after  the  establish- 
ment of  Christianity  by  the  state,  these  titles, 
under  the  forms  of  saeerdotaUs  and  jtamintt 
perpetuiy  constantly  occur,  though  their  original 
meaning  had  vanished ;  and  it  is  supposed  that 
they  indicated  some  dignity  or  honorary  ranlc 
in  the  Ordo  or  Senate  of  a  municipinm  (Des- 
jardins,  /.  c.) ;  i.e.  they  are  no  more  than  the 
civil  survival  of  a  once  living  religions  organisa- 
tion. It  was  in  fact  in  the  first  three  centuries 
of  the  Empire  that  these  priesthoods  were  work- 
ing realities  in  the  imperial  system ;  and  both 
the  nature  of  the  cult  and  of  their  duties  would 
enable  them  easily  either  to  survive  as  non- 
religious  titles  or  to  disappear  entirely.  But 
the  process  bv  which  these  changes  were  effected 
is  not  yet  fully  investigated. 

3.  Some  reference  must  be  made  here,  in 
general  terms,  to  the  priests  of  the  foreign  wor- 
ships which  found  their  way  to  Rome  and  Italy 
in  the  first  three  centuries  of  the  Empire.  In 
a  priesthood  are  usually  found  expressed  the 
leading  characteristics  of  a  religion,  as  we  hsTe 
already  seen  both  in  Greece  and  Italy ;  and  the 
success  of  a  new  form  of  priesthood  indicates 
the  presence  of  a  new  type  of  religions  feeling. 
The  Roman  world,  now  become  cosmopolitan, 
had  outgrown  the  narrow  formulae  of  the 
native  religion,  and  the  Roman  priesthood  had 
become  first  political,  then  imperial,  in  its  cha^ 
racter.  Ever  since  the  attempted  introduction 
of  the  Bacchic  rites  in  the  2nd  century  B.a,  it 
had  been  obvious  that  there  was  a  growing 
desire  in  Italy  for  some  more  emotional  form  of 
worship,  which  that  priesthood  could  not  supply, 
and  which  could  not  be  satisfied  even  with  the 
continuous  invasion  of  Greek  rites  under  the 
influence  of  the  Sibylline  books  and  their  keepers. 
The  Roman  priests  had  little  or  no  desire  or 
opportunity  of  inculcating  virtue ;  the  notions 
of  sin,  penitence,  regeneration,  brotherhood,  were 
wholly  foreign  to  their  worship,  or  at  best  were 
present  there  in  a  fossilised  form,  and  had  refer- 
ence to  the  state  rather  than  the  individual. 
These  were  exactly  the  ideas  which  ruled  in 
the  Oriental  forms  of  religion  which  the  Romans 
met  with  as  their  empire  extended  itself  in  the 
East ;  and  these,  transported  to  Italy  and  even 
further  west,  found  there  a  congenial  soil.  It 
is  the  tendency  of  all  such  worships  to  mi^^ify 
the  influence  and  mystic  power  of  the  priest- 
hood ;  and  thus  the  last  type  of  priest  which 
we  find  in  the  ancient  world  before  the  final 
victory  of  Christianity  was,  in  its  relations  with 
individuals,  the  most  powerful  and  efllcadous  of 
all  the  series.  8o  much  was  this  the  case,  thst 
the  priestly  defenders  of  the  old  religion  against 
Christianity  frequently  found  it  politic  to 
clothe  themselves  also  with  the  attributes  of 
one  of  these  more  effective  priesthoods  (Boissier, 
Religion  Romaine,  i.  445). 

Among  these  may  be  mentioned — 1.  The  priests 
of  Cybele  or  the  Magna  Mater,  whose  worship 
was  introdnced  as  early  as  208  &&,  bat  did 


SACBA 

not  take  its  moft  emotional  form  till  the 
period  we  are  now  dealing  with  [see  Mboauesia]. 
Of  the  lame  character  were  the  famous  Taubo- 
BOUA,  where  the  priest  (tauroMut)  underwent 
a  baptism  in  the  blood  of  the  yictim,  the  yirtae 
of  which  he  then  commnnicated  to  others. 

2.  Another  cult  in  which  the  priestly  power 
WM  great  was  that  of  the  Cappadocian  Beliona^ 
who  even  in  republican  times  had  usurped  the 
place  and  name  of  an  old  Italian  goddess.  The 
priests  and  priestesses  of  this  deity  walked  the 
city  robed  in  black  (Mart.  zii.  57%  wounding 
themsclrei  as  a  sacrificial  act :  *'  ipsi  saoerdotes 
DOD  alieno  sed  suo  craore  sacrificant ''  (Lact.  In»t. 
I  21, 16 ;  cf.  Tibull.  i.  6,  45). 

3.  But  the  most  striking  of  all  these  priest- 
hoods was  that  of  Isis  and  other  Egyptian  deities, 
especially  noticeable  for  the   important   share 
obtained  in  it  by  women  (one  of  the  characteris* 
tic  features  of  the  religion  of  the  age) ;  for  the 
licence  practised  in  its  rites,  as  described  by 
Juvenal  (ri.  522  folL) ;  and  on  the  other  h'^nd 
for  the  asceticism  it  preached,  and  its  doctrines 
of  conriction  of  sin  and  the  necessity  of  puriiica- 
tion  and  atonement.    There  can  hardly  be  a  doubt 
tiuit  these  priests  really  belioTed  their  initiations 
and  fsstinga  to  hare  a  real  power  of  bringing  the 
worshipper  nearer  to  a  knowledge  of  the  diTine 
nature,  and  of  leading  him  '*  ad  portum  quietis 
et  anun  misericordiae  "  (Apul.  Met.  zi.  15) ;  and 
it  is  only  thus  that  the  marvellous  spread  of  this 
cult  eren  to  the  western  provinoes  of  the  Em- 
pire can  be  accounted  for  (see  Marquardt,  iii.  77 ; 
Botssier,  £.  Ji.  i.  398, 418).    The  same  tendencies 
are  also  seen  in  the  cults  of  Jupiter  of  HeliopoUs, 
and  especially  in  that  of  the  Persian  sun-god 
Mithras,  so  famous  in  the  third   and  fourth 
centuries  of  tiie  Empire.    In  all  the  priests  are 
all-powerful  and  all-persuasire ;  working  pri- 
Tstely  and  independently  of  the  staU ;  having  a 
definite  yet    mystic    doctrine    to  preach,  and 
preaching  it  to  all  comers  without  respect  of 
persons;  and  lastly  with  a  graduated  pn>c«u  of 
initiation,  amounting  to  a  veritable  discipline. 
As  all  these  features  were  almost  wholly  absent 
from  the  Roman  notion  of  a  priesthocKl,  there 
arose  by  degrees  and  spread  over  the  whole 
Empire  an  entirely  new  idea  of  the  nriestly  office 
and  its  duties ;   and  this,  eventually  coinciding 
vith  the  old  Roman  idea  of  a  state  religion, 
pointed  out  earlier  in  this  article,  paved  the  way 
for  an  official  recognition  in  the  fc^urth  century  of 
sn  organised  Christian  hierarchy.    [W.  W.  F.] 

SACBA  (the  plural  of  •ocnims  anything 
dedicated  to  the  gods)  is  the  general  Roman 
term  for  worship,  including  the  ritual  obseired 
in  it,  the  utensils  used  in  it  (Ov.  Am.  Ui.  13f  28), 
and  even  the  documents  which  preserved  the 
memory  of  the  ritualistic  usages  prescribed  for 
it  (cf.  e.g.  Cic.  de  LegHmn,  li.  8,  19  and  20 ; 
Varro,  X.  X.  v.  50,  •*  in  sacris  Argeornm  scrip- 
torn  est  sic  "^ 

Roman  writers  distinguish  two  kinds  of 
Mcru  within  their  own  sUte,  viz.  aaera  pubiiea 
tod  jdcra  privaia.  As  the  limits  of  the  state 
became  extended,  many  foreign  worships  were 
iitroduced  into  Rome,  while  the  inhabitants  of 
'">M*cipM  retained  their  own  sacro  under 
B*n»n  protection  (Festus,  s.  w.  peregrina  tacra 
Md  mwncfjNi/ui  mcra) ;  but  as  all  these  were  in- 
dnded  in  the  tacra  pMica,  the  rapid  growth  of 
^  Empire  and  the  sodal  changes  accompanying 
VOL.  n. 


SACBA 

it  did  not  affect  the  validity  of  the  main  di 
tinction,  which  may  be  recognised  as  holding 
good  for  all  periods  of  Roman  religious  his- 
tory. It  may  be  succinctly  explained  in  the 
words  of  Festus  (p.  245  a),  which  were  probably 
themselves  drawn  by  Verrius  Flaccus  from  the 
books  of  the  pontificet:  **Publica  sacra  quae 
publico  sumptu  pro  populo  fiunt,  quaeque  pro 
montibus,  pagis,  curiis,  sacellis.  At  privata  quae 
pro  singulis  hominibus,  familiis,  gcntibus  fiunt.'* 
From  this  definition  it  seems  probable  that 
under  the  head  of  public  worship  were  reckoned 
all  rites  undertaken  by  the  state  as  a  collective 
whole,  or  by  such  divi^tions  of  the  state  as 
worshipped  collectively  (Marquardt,  Staataver^ 
waltungf  iii.'  120,  note  1  and  reff.) ;  while  private 
worship  was  understood  as  including  alt  other 
rites,  whether  on  behalf  of  individuals,  house* 
holds,  or  even  geniea.  The  iacra  gentilicia  have 
indeed  by  some  been  considered  to  belong  to  the 
public  worship  (Savigny,  VermimMe  Schr^ten,  u 
p.  173  foil. ;  but  cf.  p.  203,  where  this  view  is 
retracted) ;  but  the  worship  of  the  gens  must 
undoubtedly  be  taken  as  analogous  to  that  of 
the  fatnilia  (Liv.  v.  52,  4%  as  in  neither  case 
was  there  any  rite  in  which  the  whole  number 
of  familiae  or  gentes  took  part  at  one  and  the 
same  time.  It  will  be  sufficient  to  give  some 
illustrations  of  the  nature  of  the  rites  included 
under  the  two  main  divisions,  following  the 
indications  afforded  by  the  passage  of  Festus 
quoted  above.  We  begin  with  the  eacra  privata^ 
as  first  in  time,  though  not  in  importance. 

Sacra  I^vata.— Festus  distinguishes  three 
kinds :  pro  singttliB  AomtniAus^  pro  familiis^  and 
pro  gentibus. 

1.  Pro  aingulia  hominibus. — It  is  by  no  means 
clear  what  rites  are  to  be  reckoned  under  this 
category.  All  sacra  solennia  would  naturally  in 
earlv  times  have  as  their  object  the  welfare,  not 
of  the  individual,  but  of  some  organic  group  of 
individuals.  Of  prayers  and  sacrifices  however, 
performed  by  an  individual  for  his  own  benefit, 
we  have  examples  {e.g.  in  Verg.  Aen.  vi.  51,  viii. 
71 ;  Plin.  Jff.  If.  xxviii.  §  10 ;  cf.  Amobius,  adv. 
Nat.  iii.  43);  but  these  as  a  rule  refer  to  worship 
in  the  field  or  under  peculiar  circumstances,  in 
which  the  individual  was  temporarily  separated 
from  his  familv,-gens,  or  state,  and  the  remark- 
able prayer  of  Sdpio  in  Liv.  xxix.  26  is  of  this 
kind;  yet  it  is  to  be  noticed  that  he  is  here 
representing  not  only  himself,  but  his  army  and 
the  whole  Roman  people.  With  prayers  are 
constantly  associated  ooio,  as  in  Aen.  vi.  56-75 : 
these  are  more  natural  to  the  individual,  and 
may  be  illustrated  abundantly  by  the  votive 
tablets  of  the  later  Roman  age  (see  Wilmanns^ 
Exempla  Inscr.  Lot.  vol.  ii.  p.  498  folL). 

2.  Pro  /omi/iiM.— Each  family  was  a  religious 
unit  of  which  the  paterfamilias  was  the  priest, 
and  the  special  gods  were  the  Lares  (or  more 
properly  the  singular  Lar)  and  the  Penates ;  the 
former  probablv  representing  the  primeval  an- 
cestor of  the  family,  and  the  latter  being  the 
protecting  deities  o^  the  penus  or  store-room  of 
the  hous<mold.  To  these  daily  invocations  were 
offered  and  also  libations  at  meals ;  and  on  all 
feriae  privataef  such  as  the  anniversaries  of  births, 
the  kalends,  nones,  and  ides,  and  on  the  Saturnalia, 
their  images  were  adorned  with  garlands.  The 
family  also  had  its  festivals  of  mourning,  such  sa 
the  Caristia  and  the  ParenUlia  in  February. 

2  P 


578 


SACBA 


SAGBA 


when  the  tombs  of  deceased  memben  were  Tisited 
and  certain  rites  performed  there.  Lastly,  for 
the  benefit  of  the  family  and  its  property,  the 
greater  gods  were  invoked,  as  may  be  seen  in  the 
form  of  domestic  field  lustration  preserved  in 
Cato  (de  £a  Buttioaf  141),  where  Janus,  Jnpiter, 
and  Hars,  especially  the  latter,  are  besought 
to  protect  the  crops  and  herds. 

All  aacra  pro  famUUs  were  imperishable 
except  by  the  extinction  of  the  family :  hence 
in  Roman  law  the  inheritance  of  a  dead  man's 
property  inrolred  the  acceptance  of  his  sacra, 
and  the  phnse  hereditas  sine  aacris  became  a 
proverb  for  extraordinary  good  Inck.  Accorate 
rales  were  supplied  in  the  jus  pontifidum  for  the 
devolution  of  the  sacra  to  heirs  of  various 
degrees  under  various  circumstances  (see  Cic 
de  LegvbuSf  ii.  19-21 ;  Savigny,  op.  cit  p.  153 
foil.).  The  general  principle  of  their  succession 
is  thus  stated  by  Cicero  {Legg.  ii.  19):  ''De 
sacris  autem  ....  haec  sit  una  sententia,  ut 
conserventur  semper  et  deinceps  familiis  pro- 
dantnr,  et,  ut  in  lege  posui,  perpetua  sint  sacra." 

8.  Pro  gent8nu.-^ThovLgh  familia  and  gens 
are  words  loosely  used  and  often  interchanged 
in  Roman  literature  (cf.  Marquardt,  Staatsverw, 
vol.  iii.  ed.  2,  p.  130),  it  is  not  difficult  to  distin- 
guish the  sacra  genHlida  from  those  of  the 
family.  They  belonged,  however,  only  to  patri- 
cian g«ites  (Jjiv.  X.  8,  9),  which  were  the 
only  groups  properly  so  called;  and  as  these 
gradually  died  out,  their  sacra  disappeared  with 
them.  Thus  Gains  (iii.  17)  writes  of  the  whole 
jus  gentilicium  as  obsolete  in  his  day.  But 
there  is  little  doubt  that  in  early  times  each 
gens  had  its  own  particular  place  and  day  for 
the  performance  of  its  sacra :  e.g.  the  gens 
Fiabia  had  a  fixed  day  for  a  sacrifice  on  the 
Quirinal,  which  was  performed  by  a  leading 
member  of  the  gens  (poesibly  called  flamen)  m 
dnctu  gcAino  (LIv.  r.  46,  xxii.  18 ;  Dion.  Hal. 
9,  19 ;  Cic  ffarusp.  Besp.  15,  32).  Each  gens 
originally  no  doubt  had  also  a  common  burial- 
place  (ac  de  Leg&ma,il  22,  55;  Offic.  i.  17, 
55;  de  Domo,  13,  35>  It  should  be  added 
that  certain  gentes  had  special  worships  in 
their  charge  Q*  sacra  certis  &miliis  attributa  " ; 
Festns,  p.  253t  where  famiUis  is  used  for  ^«s- 
tSnu) :  thus  the  gens  Nautia  had  the  care  of 
the  sacrae  Minervae,  the  Potitti  and  Pinarii  of 
those  of  Hercules,  the  gens  Julia  of  that  of 
Apollo;  but  these  worships  were  rather  of  a 
public  than  a  private  character,  ue.  they  were 
state  worships  entrusted  to  a  particular  gens 
(Mommsen,  ataatsrechtf  iii.  19).  All  sacra  pri- 
vata,  it  should  be  noticed,  were  under  the  super- 
vision of  the  pontifices,  who  were  the  sole 
referees  in  all  questions  arising  out  of  the  jus 
familiare  and  the  jus  gentilicium  (Cic.  de 
Legibus,  ii.  12,  30).    See  Gens. 

Sacba  Publico. — In  the  passage  of  Festus 
already  quoted  these  are  defined  as  *'  quae  pub- 
lico sumptu  pro  populo  fiunt,  quaeque  pro 
montibus,  pagis,  curiis,  -saoellis."  In  this 
definition  we  see  a  twofold  division :  t>.  into  1. 
The  public  festivals  of  the  calendar,  conducted 
on  behalf  of  the  state  by  its  priestly  colleges ; 
and  2.  Those  in  which  the  local  communities 
which  had  at  one  time  formed  divisions  of  the 
city  took  part  as  a  collective  whole,  though 
worshipping  independently  of  each  other.  In 
each  case  it  should  be  noted  that  the  rites  thus 


called  sacra  publica  are  distinguished  from 
sacra  privata,  in  that  they  do  not  belong  to 
independent  gproups  united  by  real  or  snppoecd 
kinship,  but  to  political  divisions  of  the  state  or 
to  the  state  as  a  whole. 

1.  Sacra  pro  poptth.-^CX  these,  which  com- 
prise the  whole  cycle  of  the  religious  festivals 
of  the  year,  with  the  exception  of  one  or  two  to 
be  mentioned  under  the  next  head,  nothing 
need  be  said  here,  and  the  student  is  referred  to 
the  various  articles  which  treat  of  them  more 
particularly.  Their  distinctive  features  as 
compared  with  the  other  division  of  sacra  pub- 
lica are — 1.  That  they  were  maintained  at  the 
expense  of  the  state  {publico  tumpiu).  2.  That 
they  were  conducted  in  the  earli^t  times  by 
the  rex  or  by  the  minister!  of  religion  who 
acted  for  him,  and  in  later  times  by  the  rex 
sacrificulus,  the  flamines,  or  by  one  or  other  of 
the  four  principal  religious  colleges. 

2.  Satra  popularia  (Festus,  ii.  5,  3). — These, 
as  we  have  seen,  are  described  by  Festns  as 
being  "  pro  montibus,  pagis,  curiis,  saoellis."  A 
brief  account  may  be  here  given  of  the  sacra 
belonging  to  each  of  these  divisions,  so  far  ss 
their  nature  can  be  ascertained. 

a.  Pro  monObus.  —  One  of  the  ancient  and 
obscure  local  divisions  of  the  early  state  was 
that  into  Montes  and  Pagi,  i.e.  the  dwellers  in 
the  original  seven  hill  settlements  on  the  Pala- 
tine and  Esquxline,  and  the  dwellers  in  the  open 
country  belonging  to  the  state  (Cicde  DomOf 
28,  74;  Mommsen,  Staatsr.  iii.  112  f.).  The 
common  festival  of  the  former  was  called  Sep- 
timontium,  or  Septimontiale  sacrum  (Suet. 
DonUt.  4),  and  appears  in  the  ancient  calendari 
as  Agonalia;  it  took  place  on  Dec.  11  ((7.  /.  X. 
vol.  i.  407).  Of  the  sacrum  itself  we  onlj 
know  that  the  fiaroen  Palatualis  made  an  offering 
on  this  day,  doubtless  to  Palee,  on  the  Palatiae 
hill ;  and  according  to  Plutarch,  Quaesi.  Bcsn. 
69,  that  no  vehicles  were  allowed  to  be  used  in 
the  old  city  during  the  festival, — a  snrrirtl 
which  is  doubtless  explained  by  reference  to  the 
crowded  and  narrow  alleys  of  the  town  as  con* 
pared  with  the  open  character  of  the  pagi.  Ai 
festivals  of  the  Montani  may  perhaps  ber^onei 
also  the  Landia  or  feast  of  the  Lares  compitalfs 
(cf.  Lares)  and  the  Parilia  of  April  21,  the 
festival  of  the  foundation  of  the  Palatine  city : 
cf.  Festus,  p.  253. 

6.  Pro  pagis. — ^These,  as  might  be  expected, 
are  of  an  agricultural  character ;  but  it  should 
be  noted  that  what  we  know  of  sacra  pagaDslii 
is  derived  not  from  the  accounts  of  the  ancient 
Roman  pagi,  but   from  infonnation  as  to  the 
lUlian  pagi  of  later  times.    To  the  sacra  of 
these  belong  the   Sementivae^  varying  in  date 
according  to  the  season  (Ovid,  Fastif  i.  657  i) ; 
the  AmbarvaliOy  at  the  end  of  May,  otherwite 
called  Lustratio  pagi  (cf.  Axbaryaua  and  Lis- 
TRATio)  ;  and  the  Termmaiia  or  feast  of  boon* 
daries,  at  the  end  of  the  year  (Feb.  23).    There 
can  be  little  doubt  that  thew  festivals  or  their  j 
equivalents  were  among  the  sacra  of  the  ancient) 
Roman  pagi,  and  were  presided  over  as  in  Italy  | 
generally  by  a  magister  pagi,  together  with  h»«l 
wife  the  magistra  pagi  (cf.  Marquardt,  ^<wi»-l 
verw.  iii,  198).  I 

3.  Pro  citriis.— For  the  two  fcstivsls  whichl 
specially  belong  to  the  Curise,  sec  artioi«4 
FORDioiDiA  and  Fornagaua.  I 


8AGRAMENTUM 

4.  Pro  8aoeili$  [m€  Aboei]. — ^These  sacella 
csn  hardly  be  other  than  the  sacella  or  sacraria 
argeorom,  which  were  probably  twenty-four  or 
twenty-eeren  chapels  or  shrines  situated  at 
Tsrioos  points  in  the  four  Servian  regions  of 
the  city. 

That  these  sacella  were  the  centres  of 
ancient  divisions  of  the  dty,  possibly  for  re- 
ligions purposes,  is  highly  probable;  all  we 
know  of  them  is  in  the  form  of  dtations  by 
yarro(Z.  L.  bk.  ▼.  45  foil.)  from  the  « Sacra 
Argeorom,"  which  was  apparently  a  proces- 
sional itinerary,  and  probably  also  a  role  of 
ritual  performance.  What  was  done  at  the 
sacella  we  do  not  know:  a  procession  seems  to 
have  gone  round  them  on  March  16  and  17 ; 
but  it  had  become  so  obscure  by  Ovid's  time 
that  he  could  dispose  of  it  in  his  Fasti  in  two 
lines,  leaving  it  somewhat  uncertain  whether  it 
took  place  on  one  day  or  two.  Nor  can  we  be 
at  all  sure  as  to  the  relation  of  these  rites  to  the 
better  known  Argean  procession  of  May  15. 
(See  ABfiEi;  and  Mommsen,  Staaisre^f  iii. 
122 foil.;  Jordan,  TopograpMe  dtr  Stadi  Horn, 
a  237  foil.)  [W.  W.  F.] 

8ACBAMENTUM.    [Jubjuhaitduh  ;  Yin- 

DICUB.] 

SAOkAIUCUM  was,  according  to  the  defini- 
tion of  Ulpian  (Dig.  1,  8,  9,  §  I ;  cf.  Senr.  ad 
Aen,  xii.  199),  a  place  in  which  sacred  things 
were  deposited  and  kept,  whether  this  place 
>>vas  a  part  of  a  temple  or  of  a  private  house. 
(CC  Cic  Verr.  iv.  d,  5;  atf  Fam,  xiii.  2  ;  Suet. 
TH.  51.)  In  a  temple  it  was  probably,  as  Mar- 
qnardt  thinks,  directly  behind  the  wall  of  the 
celloj  and  only  the  priests  could  enter  it  (^Staata- 
UTwaHmg,  iii.  168).  Thus  in  the  sacrarium  of 
the  Capitoline  temple  the  ihenta  Joms  Opt,  Max, 
was  kept  (Suet.  Vesp,  5) ;  the  hastae  Martis  in 
the  nerariam  of  the  Beqia  ;  the  lituus  of 
Bottulns  and  the  ancilia  (probably)  in  the 
foerarwrn  Martit  or  curia  Saliomm  on  the 
Palatfaie  [Salu].  Sacrifices  also  were  offered  in 
the  sacrartnin  of  Ops  Consiva  Qn.  the  RegiaX  but 
they  were  not  open  to  the  public,  since  into 
this  as  into  other  sacraria  those  only  could 
enter  who  held  a  sacred  offioe.  We  may  perhaps 
attach  a  similar  significance  to  the  fact  that 
Varro  (L.  L.  ▼.  45)  calls  the  twenty-four 
ehapels  of  the  Argei  iacrarioj  not  moelku  They 
vera  chapels  covered  in  from  the  public  gaze, 
in  which  the  sacred  figures  were  kept,  and  into 
which  in  the  processions  ad  Argeos  the  priests 
alone  entered.  Livy  (i.  21)  gives  the  same 
name  to  a  shrine  of  Fides,  to  which  it  appears 
that  he  in  his  priestly  office  and  the  flamines 
alone  had  access :  Tacitus  alone  uses  it  of  the 
thrine  in  which  an  image  was  kept  for  the  cult  of 
Augustus  at  BovUlae  (cfl  SUt.  SUv,  r,  1,  240). 
H€specting  the  sacrarium  or  lararium  of  private 
houses,  see  LARABnyn.       [L,  S.]    [G.  E.  M.] 

SAGEuriUlUM  (ev0rra)=that  largest  p^ 
sf  andent  worship  which  usually  consists  in  pre- 
•enting  to  a  deity  some  object  on  which  human 
afe  is  supported,  or  even  human  life  itself. 
Both  the  Ureek  and  Latin  words  exclude  the 
idea  of  the  presentation  of  gifts  in  the  shape  of 
inanimate  objects,  however  valuable ;  the  reason 
for  this  probably  being,  as  we  shall  see,  that 
there  Is  in  this  latter  case  no  notion  of  com- 
panion between  the  eod  and  the  giver,  as  in 
ths  case  of  the  gift  of  a  meaL    It  will  serve, 


SACBIFICIUM 


579 


however,  to  clear  the  ground,  if  we  briefly 
indicate  the  nature  of  these  inanimate  votive 
offerings.  Such  were,  0.^.,  the  treasures  of  all 
kinds  deposited  in  Greek  temples,  and  including 
especially  the  objects  of  art  so  frequently 
described  by  Pausanias.  These  are  mentioned 
in  Homer  (Od,  xii.  347),  and  are  found  through- 
out Greek  history,  though  it  should  be  observed 
that  by  a  natural  process,  as  temples  became 
treasures  of  a  state,  they  lost  their  character  as 
the  property  of  the  god,  and  became  rather 
(except  in  the  temples  common  to  all  Hellas, 
e.ff,  at  Olympia  and  Delphi)  the  property  of  the 
state  under  the  god's  guardianship.  So  too,  at 
Rome,  the  word  aacrum  =  **  quidquid  est  quod 
deorum  habetur"  (Macr.  iii.  3,  2),  and  tacn- 
ficmm  in  its  widest  sense  meant  the  dedication 
of  such  objects  as  altar,  statues,  land,  money, 
utensils,  the  bodies  of  criminals,  &c ;  but  the 
word  generally  used  for  this  is  oomecraHo, 

In  the  same  category  may  be  reckoned  the 
dedication  of  human  beings  to  the  service  of  a 
god,  as  at  Delphi  and  D^los  (Sir  C.  Newton, 
EaaayBy  p.  '165X  or  of  models  of  parts  of  the 
human  body  in  which  disease  has  been  cured 
(C.  /.  Q,  497,  folL  2439,  6332);  of  coins 
dropped  into  wells  by  convalescent  persons,  or 
to  procure  rain  (Pans.  i.  34,  3;  cf.  Tylor, 
Primiiw  Culture,  ii.  195);  of  children's  hair 
(reff.  in  Hermann,  Oriech,  Alt  ii.  143;  cf. 
Tylor,  iL  364,  who  suggests  that  this  is  a  form 
of  substitution,  like  the  models  of  limbs).  Here 
too  may  perhaps  be  mentioned  the  Athenian 
£iresione  and  the  icxot  (vine-branches)  of  the 
OsCBOPHO&iA,  and  lastly,  though  these  approach 
more  nearly  to  the  real  nature  of  sacrifice,  the 
offerings  of  first-fruits  and  'tithes,  whether  of 
freewill  or  under  compulsion  as  a  fine  (see 
Hermann,  Griech.  Alt  ii.  142;  C.  I.  A,  191, 
482;  Newton,  115).  At  Rome  also  the  first- 
fruits  were  probably  offered  in  the  oldest  cults, 
e.g,  by  the  Vestals  (Marquardt,  Staatsverw,  iii. 
169).  All  these  various  gifts  are  made  the 
property  of  the  god  under  the  primitive  idea 
that  he,  like  kings,  could  be  pleased  and 
appeased  by  attention,  and  that  to  ask  him 
for  a  favour  without  a  gift  was  hopeless  (//. 
ix.  493 :  orpeirTol  S4  re  icol  $€o\  ainoC),  The 
motive,  therefore,  underlying  them  is  the  same 
as  in  the  sacrifice  proper;  but  the  idea  of 
communion  is  not  present  in  the  case  of  such 
gifts,  and  it  is  his  which  best  differentiates 
the  true  sacrifice  from  the  votive  offerii^. 
Only  in  the  case  of  piacular  sacrifices,  whidi 
closely  resemble  the  voUve  offerings,  though 
accompanied  by  the  idea  of  purification  or  atone- 
ment, does  the  idea  of  communion  appear  to  be 
absent. 

Turning  to  sacrifices  in  the  restricted  sense  of 
the  word,  we  find  it  difficult  to  arrange  them 
systematically,  so  as  to  give  the  student  a  clear 
view  at  once  of  their  various  objects  and  details. 
The  old  division  into  bloody  and  unbloody 
sacrifices  is  clearly  insufficient,  since  it  leaves 
the  object  out  of  view ;  and  it  should  be  noted 
that  in  the  last  few  years  much  progress  has 
been  made  towards  a  right  understanding  of  the 
inner  meaning  of  sacrificial  ritual.  The  best 
plan  is  perhaps  to  follow  in  the  main  the 
division  adopted  in  the  Encyclopaedia  Britatmioa 
by  Professor  Robertson  Smith,  as  being  itsalf 
based  on  a  wide  acquaintance  with  snch  ritual 

S  P2 


580 


SACBIFICIUM 


8AGBIFICIUM 


among  a  great  Tariety  of  peoples,  hj  which 
alone  the  ritual  of  indiTidual  races  can  be 
interpreted;  and  as  being  easilj  accessible  to 
English  readers.  We  will  therefore  treat  of 
sacrificing,  both  in  Greece  and  Italy,  as — ^A. 
ffonorifiCf  i.e.  meant  to  please  and  do  honour  to 
the  gods,  either  by  way  of  enforcing  a  petition, 
or  expressing  gratitude  (the  3(0-  and  Dank' 
Offer  of  Qerman  writers).  This  class  covers  by 
far  the  greater  part  of  the  field.  B.  Piacular 
sacrifices,  which  contain  the  idea  of  expiaHon 
and  include  most  cases  of  human  sacrifice 
known  to  us  in  classical  antiquity.  C.  SacrO' 
mental  or  mystical  sacrifices,  which  are,  how- 
ever, rare  and  obscure  both  in  Greece  and  Italy. 
An  account  of  the  ordinary  features  of  the  ritual 
obserTed,  especially  in  animal  sacrifices,  will  be 
reserved  for  the  conclusion  of  the  article. 

A  Honorific  Sacrifioeg, — These,  whether  their 
object  were  petition  or  thanksgiving,  were 
originally  regarded  as  a  meal  for  the  god  in 
which  the  worshippers  shared,  and  therefore 
included  edibles  only.  (For  general  evidence 
from  a  variety  of  races,  see  Tylor,  op.  dt  ch. 
zviiL)  That  the  older  Greeks  believed  that 
their  gods  did  enjoy  the  meal  is  quite  apparent 
in  Homer  (77.  iv.  48,  viL  201 ;  Od,  iu.  435, 
^K$€  r  'A»iyii  Ipmw  Arri^MTa),  and  is  illustrated 
in  the  vase-paintings  by  the  presence  of  the 
deity  at  the  sacrifice.  Even  then,  however,  it 
was  rather  the  sweet  savour  or  the  pleasant 
sight  (as  when  the  horns  are  gilt  to  please 
Athene,  OJ.  iii.  437)  that  they  enjoyed,  and  the 
savage  idea  that  they  actually  devoiued  the  food 
was  left  to  survive  among  the  wholly  rural 
populations.  (Cp.,  however,  Od.  vii.  201.)  Ari- 
stophanes, in  the  Pax,  could  still  ridicule  the 
popular  belief  which  is  seen  in  the  offerings 
to  the  dead  in  tombs,  and  in  Italy  also  to 
the  Lares  and  Penates  (cf.  also  Ludan,  de 
SacrifidiSf  14).  But  the  notion  of  the  com- 
munion of  god  and  man  in  the  meal  left  very 
distinct  traces  long  after  the  actual  belief  had 
faded;  and  from  the  Homeric  age,  where  a 
big  feast  and  a  sacrifice  are  almost  sjmonymous 
(e^.  in  Od.  iii.  1  foil.),  down  to  the  great  city 
festivals  of  later  times,  which  supplied  the 
population  with  food  at  the  expense  of  the  state, 
it  is  this  firmly-rooted  idea  that  governs  the 
whole  character  of  the  ritual. 

Honorific  sacrifices  might  be  either  occasional 
or  regularly  recurring.  In  Homer,  where  the 
undisturbed  life  of  family  or  city  i*  not  repre- 
nented,  the  sacrifices  are  occasional  and  with  a 
definite  temporary  object.  Such  too  are  found 
in  historical  times,  and  at  Athens  were  called 
Bwrloi  Kork  r^^icfwra  (Dem.  de  Cor.  p.  301, 
§  217):  they  were  often  suggested  by  an  oracle, 
or  sometimes  were  the  result  of  a  public  vow, 
as  before  Marathon  (Plut.  de  Malign.  Herod.  26). 
At  Rome  the  sacrifices  at  aupplicationee  would 
belong  to  their  class  [SUPPLICATIO],  and  also 
those  ex  voto  and  those  which  occurred  in 
family  life  on  birthdays,  at  admission  into  the 
phratria,,at  funerals,  &c  But  in  Italy  the 
extraordinary  sacrifices  were  most  commonly 
undertaken  for  the  purpose  of  divination  {hosliae 
con8ultaioriae)f  according  to  the  lore  of  the 
Etruscan  Haruspices  [DiTiNATXO].  These  are 
also  found  in  Greece,  but  far  less  frequently, 
and  it  has  been  doubted  whether  the  art  was 
naUve  with  the  Greeks  rSchomann,  Alt  ii.  275; 


Herm.  ii.  241  foil.)  or  whether  it  can  be  traced 
in  Homer.  The  idea  on  which  this  peculiar 
turn  ffiven  to  sacrifice  appears  to  be  based,  ii 
that  the  god  was  thought  to  show  his  goodwill 
in  the  vi^im :  we.  the  perfection  of  the  parts  of 
the  animal  was  a  sign  of  the  god's  satisfaction ; 
their  imperfection,  of  his  hostility — he  refuses 
the  gift.  The  same  idea  is  seen  in  tLe  scrupulous 
exactness,  to  be  described  later  on,  in  the  choice 
of  the  victim  for  ordinary  sacrifice,  and  in  the 
belief  that  it  was  a  bad  omen  if  it  came  im- 
wSUingly  to  the  altar. 

Where  honorific  sacrifices  are  regular  and 
recurring  on  fixed  days  of  the  year,  they  indicste 
a  higher  civilisation,  and  produce  a  regulated 
calendar  of  city  life,  such  as  we  are  pretty  follj 
acquainted  with  at  Athens  and  Rome ;  sacrifice 
foiming  at  all  times  the  chief  part  of  andent 
worship.  This  dty  sacrificial  system  is,  faow> 
ever,  itself  developed  out  of  the  resular  religiooi 
life  of  the  family  and  the  gens.  In  the  Bomsn 
family,  not  only  on  certain  days,  e.g.  on  kalends 
and  ides,  were  sacrifices  ofiered  to  Lares  end 
renates,  but  at  every  meal  some  portion  wss 
cast  into  the  fire  as  an  offering  [La&ibxum]» 
and  also  at  birth,  marriage,  and  funerals.  The 
same  was  the  case  with  the  agricultural  opera- 
tions of  the  family  and  gens  at  certain  seasoiu, 
e.g.  at  the  time  of  sowing,  ploughing,  tnd 
harvest,  and  especially  at  the  time,  as  at  Rome 
in  May,  when  the  crops  were  in  danger  sod 
needed  special  religious  care  (Luvnuno;  CatOf 
H.  R.  141),  and  at  the  summer  and  winter 
solstices.  Thus  the  ancient  sacrificial  oelebra- 
tions  corresponded  generally  with  the  lessoas 
and  have  left  their  mark  in  thia  respect  on  the 
modem  Christian  Calendar. 

This  regular  sacrificial  system  had,  we  msy 
note,  two  results,  which  are  important  for  the 
religious  history  of  antiquity : — 1.  The  neceuitr 
of  a  trained  priesthood  to  carry  on  the  trsditi<n 
of  ritual.  2.  The  gradual  destruction  of  the 
simple  and  primitive  ideas  of  sacrifice :  the  sge 
of  formality  sets  in,  and  the  formalism  of  the 
cult  gradually  destroys  its  original  meaning. 

These  honorific  sacrifices  consisted  either  of ; 
drink  offierings,  incense  offerings,  or  of  animal  and ' 
vegetable  food.    The  use  of  incense,  or  sweet- 1 
smelling  herbs,  may  have  been  a  oomparstirely  j 
late  introduction ;  but  of  the  rest,  there  is  oe  | 
sufficient  ground  for  supposing  one  to  be  older 
than  another,  though  some  ancient  authors,  sad 
many  modem  ones,  have  imagined  these  aniotl  | 
sacrifices  to  be  of  later  date  than  the  unbloody  | 
(Plato^  Legg.  vi.  782  C ;  Ov.  Faat.  i.  337;  Plia-i 
H.  N.  xviiL   S  7;   Plut.  Num.  8;  cf.  Psulfr, 
Real.  JSncyd.  toL  vi.  p.  658).     The  questiaa 
would  be  one  rather  of  the  practice  in  esck 
locality,  and  would  depend  on  the  wealth,  ani 
the  nature  of  the  wealth,  in    each;   e-g-  ^ 
Boeotia,  Copaic  eels  were  an  article  of  sicrifioi 
(Athen.  vii.  p.  297),  and  Spartan  poverty  was  it 
some  cases  content  with  fowls  (Pint.  Imt  ^sA.| 
25).    Anthropological  research  does  not  seem  ts, 
show  that  the  sacrifice  of  animals  b  of  latir 
origin ;  and  all  we  can  fairly  assume  is  thst  'm 
Greece  and  Italy,  as  wealth  increased  and  1>1<^ 
sacrifices  became  more  and  mors  syoonrnioai 
with  feasts,  these  tended  to  increase  both  il 
number  and  variety.    All  these  kinds  of  ofieriD^ 
it  should  be  noticed,  are  found  in  use  together 
as  well  as  separately. 


8AGBIFICIITM 


8AGBIFICIUM 


581 


IVtfU  ofdrmgs, — ^These  iDclade  libations  of  all 
kinds;  which  from  Homer  downwards  we  find 
performed,  at  meals  to  domestic  deities,  or  on 
special  occasions,  e../.  the  entering  into  any  treaty 
or  engagement  (//.  iii.  295 ;  cf.  ii.  341),  by 
throwing  a  few  drops  from  the  drinking  ressel 
on  the  hearth  and  the  ground.  So  also  the 
Greek,  before  going  to  rest,  poured  a  libation  to 
Hermes,  the  god  of  sleep  (Od,  vii.  136 ;  Buch- 
holz,  BomeriKhe  Sealien^  iii.  293).  Here  also 
belong  the  Greek  x®^  ^^  libations  to  the  dead 
{(ML  X.  518;  cf.  Verg.  Aen.  r.  77),  and  the 
Roman  practice  oiprofusiones^  i.e.  pouring  liba- 
tions on  the  grave,  of  wine,  water,  milk,  oil,  &c 
(Harquardt,  iii.  312X  on  stated  occasions,  such 
as  the  Parentalia  in  February.  Libations  con- 
sisted usually  of  unmixed  wine  in  historical 
times ;  but  when  wine  could  not  be  had,  water 
would  suffice,  as  in  Od.  xii.  363 ;  and  in  Greece 
some  deities  preferred  no  wine  (Aesch.  Ewn.  107), 
and  Hermes  liked  a  mixture  (Schol.  Aristoph. 
Plut.  1132).  The  oldest  libations,  e,g,  the  xoafi 
were  probably  of  milk  and  honey  mixed  (ucAi- 
jcporor)  or  of  milk  alone  (Eustath.  ad  Od.  x. 
519;  Soph.  EL  895),  or  of  oil,  if  the  anointing 
of  sacred  stones  can  be  reckoned  under  this  head 
(Pans.  X.  24, 5 ;  Theophr.  Char.  16 ;  Tylor,  U.  151). 
So  too  in  the  worship  of  the  oldest  Roman  deities 
milk  was  used,  i.e.  in  that  of  Rumina,  Cunina, 
the  Camoenae,  Kaunus,  Silranus,  Pales  (Schweg- 
ler,  Ji.  0.  i.  421,  note  and  reff.). 

InaeMe  o/miu^s.— Originally,  as  we  saw,  the 
gods  were  thought  to  be  pleased  by  the  sweet 
savour  of  the  sacrifice;  and  this  notion  was 
acted  on  as  early  as  the  Homeric  age  in  Greece, 
by  employing  sweet-emelling  wood  (Biow,  Od.  r. 
59 :  a  species  of  cedar  wood,  cf.  //.  vi.  269,  ix. 
495 ;  Hesiod,  Op.  338)  for  the  fire,  and  at  Rome 
by  the  burning  of  sweet-smelling  garden  herbs 
(Verg.  Ed.  viii.  65,  and  especially  Ov.  Fast.  i. 
339).  The  real  incense  offering  was  both  rare 
and  coatly.  Incense,  however,  became  an  object 
of  trade  in  later  times,  when  it  was  the  constant 
accompaniment  of  animal  sacrifices  (Amob.  vii. 
26).  It  is  said  to  have  come  from  Phoenicia  by 
way  of  Cyprus,  where  it  was  used  in  the  cult  of 
Aphrodite  Ourania  (Empedocles  in  Athen.  xii. 
p.  510 ;  Hesych.  $.  v.  $6a). 

Offerings  of  fruit*  and  cakes. — Fruits  wero 
offered  in  Greece  chiefly  as  tithes  or  toll  of  the 
harvest  of  some  crop  (ordered  by  a  Delphic  oracle, 
Theopomp.  fragm.  283),  not  only  to  Demeter  and 
DioDysQs  (Pans.  viii.  42,  5),  the  especial  deities 
of  corn  and  wine  culture,  but  to  others,  according 
to  the  local  belief  in  their  efficacy.  At  Athens, 
and  probably  elsewhere,  there  wero  in  most 
temples  tables,  near  the  statue  of  the  god, 
laid  ont  with  fruits  of  all  kinds,  as  well  as  with 
cakes,  honey,  &c  (Aristoph.  Plvt.  678  and 
Schol.^  Tlds  practice,  the  origin  of  the  Roman 
lactistcmia,  is  also  represented  on  monuments 
(Martha,  Les  Sacerdooes  AMniens^  p.  50 ;  Buil. 
Corr.  MM.  it  74).  Fruits  also  figure  conspi- 
CQonaly  in  some  Athenian  festirals,  e.g.  at  the 
OsCHOPHOBiA  and  the  Thaboeua,  and  boys  are 
seen  cftirying  baskets  of  fruits  and  cakes  in  the 
nortbexv  frieze  of  the  Parthenon  (Baumeister, 
Denkm.  1382:  hence  the  names  luanr^^opot^ 
K«pr4^opoi,  ftc.,  for  bearers  of  such  utensils  in 
varioas  rites ;  Lobeck,  Aglaoph.  26  foil.).  So  also 
at  the  PrAirsFSiA,  or  festival  of  beans  (the 
cheapest  food  at  Athens)^  not  only  were  these 


carried  about  in  pots  (x^pcuX  ^^^  &<i  olive- 
branch  (tlp^ctArnS,  laden  with  various  fruits 
hung  on  it,  was  carried  in  procession,  and  fixed 
at  the  door  of  the  temple  of  Apollo.  At  Rome 
fruits  are  less  often  mentioned  (for  ^  primitiae 
frugum"  in  a  general  sense,  cf.  Tibull.  i.  1,  13 
foil.),  but  at  least,  as  a  rule,  the  grain  or  fruit 
was  cooked.  Cakes  of  all  kinds  were  used  in 
abundance  both  in  Greece  and  Rome,  whether 
combined  with  animal  sacrifices  or  independently. 
In  Greece  these  were  called  WAoyoi,  and 
wd/jLftuera  or  w6waya  (Lobeck,  Aglaoph.  1050  foil.), 
and  were  especially  used  in  the  cult  of  Apollo, 
e.g.  at  Delphi  and  Delos  (Mtiller,  Dorians,  E.  T. 
i.  343)  j  also  in  that  of  Zeus  at  Athens,  at  the 
Erechtheia  in  the  Acropolis  (Pans.  L  26,  6X 
and  that  of  Trophonius  (a  honeycake,  /icXi- 
rovrra,  Ar.  Nub.  506;  Pans.  ix.  39);  and  at 
the  Athenian  Munychia  and  in  the  worship 
of  Artemis  a  special  kind  of  cake  was  used, 
which  was  surrounded  with  torches  called 
ikfi^i^thn-ts  (A.  Mommsen,  Ifsort.  404).  At 
Rome,  cakes  were  also  in  common  use,  especially 
in  the  form  of  the  mola  salsa — i.e.  salt-cakes 
prepared  by  the  Vestal  Virgins  from  the  first 
ears  of  each  harvest,  and  used  at  the  Vestalia, 
Lupercalia,  and  on  the  Ides  of  September  (Serv. 
ori  Ed.  viii.  82)~and  of  the  liba,  for  the  making 
of  which  under  various  forms  Cato  gives  receipts 
(R.  B.  75  foil.).  So  important  was  the  making 
of  these  on  the  right  method  that  special  fictores 
were  employed  for  this  purpose  under  the  orders 
of  the  pontifices  (Marquardt,  iii.  429). 

Both  in  Greece  and  Italy  the  practice  was 
common  of  making  substitutes  for  animal  sacri- 
fices out  of  dough,  paste,  wax,  &c.,  as  we  see  in 
the  worship  of  ^us  Meilichios  at  Athens  (Thuc 
i.  126),  and  in  the  Roman  maniae,  which  Aelius 
Stilo  (Fest.  p.  129)  described  as  '*  ficta  quaedam 
ex  farina  in  hominum  figures  "(Lobeck,  Aglaoph, 
1080  foil.).    These  will  be  referred  to  later. 

Offerings  of  animals. — These  were  of  great 
variety,  both  as  regards  the  animals  themselves 
and  the  ritual  us^.  It  is  not  necessary  to  do 
more  than  allude  at  this  point  to  human  sacri- 
fices, which  for  the  most  part  belong  either  to 
our  second  chief  division  of  piacular  offerings, 
or  to  our  thiixl  division  of  mystic  or  sacramental 
sacrifices.  To  this  latter  class  probably  belong 
those  rare  examples  which  seem  to  be  survivals 
of  cannibalism,  e.g.  in  the  worship  of  Zeus 
Lycaon  in  Arcadia  and  of  Dionysus  in  Chios,  and 
the  occasional  sacrifice  of  captives,  as  when 
Themistocles  sacrifices  Persian  prisoners  at 
Salamis  to  Dionysus  Gmestes  (Plut.  Themist.  13 ; 
Pelop.  21).  The  ordinary  honorific  animal  sacri- 
fices consisted  mainly  of  those  animals  which  had 
been  already  tamed  by  man,  and  used  for  food, 
e.g.  the  ox,  sheep,  goat,  pig,  and  fowl ;  thus 
bearing  out  the  theory  that  the  original  idea  of 
such  sacrifice  is  that  it  was  a  meal  shared  in 
by  god  and  man.  Where  the  victim  is  not  one 
eaten  by  man,  the  sacrifice  is  almost  sure  to 
be  piacular  or  sacramental.  The  local  customs 
as  to  the  choice  of  animals  were  of  endless 
variety,  and  are  hard  to  explain:  it  was  a  com- 
plete science  to  learn  the  predilections  of  the 
gods,  which  varied  even  at  particular  periods 
of  the  year.  As  the  temple-priesthood  developed 
[Saoerdob],  so  no  doubt  the  ritual  became 
more  complicated,  and  had,  in  larger  temples 
at  least,  to  be  fixed  in  writing :  of  this  we  have 


582 


SAGBIFICIUM 


8AGRIFICIUM 


\ 


traces  in  inscriptions  both  of  Italian  and  Greelc 
origin  (see  Dittenberger,  Sylloge  Inscr.  Grose, 
373,  388,  and  especially  the  sacrificial  calendar 
from  Cos  published  in  Journal  of  Hellenic  Studies, 
vol.  ir.  p.  323 ;  for  Italj,  the  great  ritoal  in- 
scription of  Igarinm,  ed.  Biicheler,  VmbrioOf 
and  the  Fcuti  diumi  in  C.  I,  L,  rol.  i.). 

The  following  general  principles  may  be 
traced  amid  a  crowd  of  details.  1.  As  to  tex. 
Male  victims  were  usually  sacrificed  to  male 
deities,  and  female  to  goddesses,  both  in  Greece 
and  Italy  (Amobius,  rii.  19,  "  Diis  feminis  femi- 
nas,  mares  maribus  hostias  immolare,  abstrusaet 
interior  ratio  est,  vulgique  a  cognitione  remota," 
&C.  This  rule  held  good  in  Qreeoe  so  widely 
(though  not  without  exceptions:  see  Stengel, 
Quaett.  Sacrif,  pp.  1-^)  that  an  exception  to  it 
at  Aulis  in  the  worship  of  Artemis,  which  often 
exhibits  abnormal  features,  gave  rise  to  an 
explanatory  myth  (Pans.  ix.  19,  5).  The  same 
Icind  of  symbolism  is  seen  in  the  kindred  custom 
of  sacrificing  a  barren  cow  to  the  dead  (Od  xi. 
30X  with  which  may  be  compared  the  offering  of 
a  pregnant  cow  to  Tellns  at  the  Roman  Fordi- 
cidia  (Ot.  Fast,  iv.  631),  and  of  a  pregnant  sow 
to  Demeter  at  Mykonos  and  Andania  (Ditt.  873, 
388).  2.  As  to  cohur.  White  animals  were 
offered  to  heavenly  deities,  black  to  those  of  the 
under-world  (Amob.  /.  o.).  Ilius  in  II,  iii.  103 
a  white  sheep  is  to  be  offered  to  the  Sun,  a 
black  one  to  Earth  (cf.  inscription  from  Mykonos, 
Ditt.  373):  in  OdL  xL  33,  to  Teiresias  in  the 
under-world,  black  sheep.  Black  victims  were 
offered  to  Poseidon  in  OdL  iii.  1  foil. :  but  we 
find  also  white  ones  offered  hin^  in  later  times 
(Ditt.  373).  So  at  Rome,  where  the  importance 
and  difficulty  of  getting  a  white  victim  for 
Jupiter  led  to  whitening  with  pipe-clay  (Juv. 
X.  65,  ''cretatum  bovem").  3.  As  to  soundness. 
This  was  always  demanded,  though  it  could 
not  be  always  complied  with.  It  is  expressly 
laid  down  in  one  of  the  most  valuable  ritnal 
inscriptions  we  have  (Ditt.  388,  from  Andania, 
line  70)  that  the  animals  are  to  be  ebttpa, 
KoBttpd,  6K6KKnpa  (cf.  Ditt.  373,  line  20,  and 
Pollux,  i  26).  Hence  the  elaborate  organisation 
in  some  cities  to  secure  the  proper  selection ;  of 
which  more  at  the  end  of  this  article.  4.  Ammcdy 
sacred  to  a  deity  were  not  usually  saerifioedio 
tKat  deity.  This  principle,  which  has  a  totem- 
istic  origin,  and  is  found  in  full  working 
order  in  many  antique  religions  (e,g.  the 
Egyptian  and  Mexican),  probably  was  a  ruling 
one  in  Greece  in  early  times,  but  can  now  only 
be  traced  in  survivals  which  are  often  obscure. 
One  or  two  exceptions  may  be  mentioned.  No 
pig,  in  some  places  at  least,  could  be  offered  to 
Aphrodite  (Hermann,  p.  150,  note  3;  Aristoph. 
Ach,  793):  at  Athens  the  goat  might  not  be 
offered  to  Athene  (Athen.  xiii.  p.  592^  whose 
aegis  or  goat-skin  points  to  the  goat  as  the 
totem  of  the  Aegidae  or  goat-dan,  which  had 
the  care  of  her  worship.  To  her  were  usually 
sacrificed  bulls  and  sheep,  to  Zens  bulls  or 
heifers,  to  Demeter  pigs.  For  a  list  of  the  pre- 
dilections of  Roman  deities,  see  Marquardt,  iii. 
173.  In  these  and  other  cases  of  predilections,  it 
is  probable  that  the  practice  arose  from  the  well- 
known  rule  that  a  totem-clan  did  not  kill  or 
eat  its  own  totem:  but  as  regards  Italy  and 
Greece  the  subject  needs  further  investigation 
(A  Lang,  Myth,  Hitual  and  ^eUgion,  iL  70  foil ; 


Robertson  Smith  in  Encyd,  Brit.  1.  c  p.  135). 
Instances  of  the  sacrifice  of  the  sacred  animal 
to  the  god  to  whom  it  is  sacred  are  probably  of 
the  mystical  order  of  sacrifioct,  aod  will  be 
mentioned  under  that  head. 

These  general  principles  may  be  said  to  hare 
held  good  both  in  Greece  and  Italy.  Before 
leaving  this  subject  we  may  notice  that  com- 
binations of  animals  for  saoifice  were  not  un- 
common. The  best  known  example  is  that 
of  the  SuoveTAinuLU.  at  Rome,  where  the 
ox,  sheep,  and  pig  were  combined  in  the 
worship  of  Mars  (Cato,  B,  B.  141):  with  thu 
may  be  classed  the  rperrhs  of  the  Greeks,  a 
combination  of  animals,  but  not  always  of 
the  same  three.  (See  Od,  xxiii.  277 :  ram,  bull, 
and  bear,  to  Poseidon ;  and  cf.  Enstath.  ad  Od. 
xi.  130;  Hermann,  §  26,  note  2.)  Lastly, 
where  the  proper  victims  could  not  be  hsd, 
substitutes  in  the  form  of  cakes  were  some- 
times used,  as  has  been  already  mentioned 
(Thuo.  i.  126,  and  Schol.:  cf.  Herod,  ii.  47). 
In  Thebes  apples  with  wooden  feet  and  horns  to 
imitate  sheep  were  used  in  the  cult  of  Apollo 
(Pollux,  i.  30),  and  a  like  practice  is  recorded 
of  the  Locrians  (Schumann,  219).  Such  substi- 
tution was  also  known  at  Rome,  and  is  enun- 
ciated clearly  by  Serv.  ad  Aen,  ii.  116, 
'*  Sciendum  est  in  lacria  limulata  pro  veris 
accipi;  unde  cum  de  animalibns  quae  difficile 
inveniuntur  est  sacrifidum,  de  pane  vel  ccra 
fiunt,  et  pro  veris  acdpiuntur : "  c£  Tylor,  ii. 
367.  But  these  substitutea  are  more  commoa 
as  survivals  of  human  piacular  sacrifice  (see 
below). 

B.  Piacular  Saarifioes, — ^The  general  ides  of 
the  honorific  sacrifice  was  that  the  gods  might 
be  propitiated  with  gifts,  without  any  sense  of 
sin  being  present  in   the   worshipper's  mind. 
From  these  must  be  distinguished  (though  the 
distinction  is  not  always  an  easy  one)  those  which 
have  as  their  object  the  expiation  of  some  no? 
generally  in  early  ages  blood-guilttness  WMm  « 
l/roiip  of  kin,  or  of  purification  from  pestilence, 
&c,  brought  about  by  some  sin  {Encyd,  Brit. 
s.  V.  aaerifiee,  p.   136;   lyior,  it  350).     The 
original  idea  was  that  this  was  inexpiable  for 
the  defiled  kin,  save  by  the  death  of  the  slayer. 
As  the  practice  of  substitution  was  extended,  it 
came  to  be  applied  to  such  cases,  and  tho>  re 
find  not  only  the  sacrifice  of  human  beincs  hj 
no  means  uncommon  both  in  Greece  and  Itslr, 
but  survivals  of  It  in  the  form  of  substitutes, 
either  of  animals  or  of  some  kind  of  pnpiwt,  or 
of  s]rmbolic  actions  whidi  indicate  an  origiasllr 
real  sacrifice.     Further,  piacular  sacrifices  for 
lesser  offences,  usually  a  part  of  a  ritual  of  lus- 
tration, are  found  in  later  times,  espedslly  is 
Italv.    Some  examples  must  be  given  of  esch 
of  these  classes  of  expiatory  sacrifice. 

That  the  idea  of  guilt  demanding  a  kumaa 
life  as  exniation  was  not  strange  to  the  Onek 
mind  is  plainly  seen  in  the  myths,  e.g,  in  ^* 
of  ThMeus,  Orcstea,  and  Iphieeneia  (cf.  »^ 
Eur.  PAosn.  914,  EL  1024;  Pint.  Psfcp.  «; 
Verg.  Aen.  ii.  118:  wheie  the  blood-goUtiaetf 
is,  however,  not  in  each  case  clear).  At  Athens 
we  find  it  surviving  in  the  TiluASLZA,  vhea 
two  men  called  ^fuatoi  (Harpocr.  s,  v.)  were 
driven  out  of  the  dty  and  stoned;  and  in  » 
rite  found  also  at  Ephesus  at  a  Thargebs  of 
that  neighbourhood  (et  Taetics,  CkH  r.  Tib 


SACBIFiaUM 


8ACRIFIGIUM 


583 


foil.;  Hipponax,  FVafftn.  4  foil.;   Mannhardt, 
Myth.  Forxh.  126  foU.>     At  Rhodes  a  pnblic 
yictim  was  sacrificed  at  the  begiiming  of  the 
month  Metageitnion,  for  whom  a  criminal  was 
afterwards  sabstituted  (Porph.  de  Ahat.  ii.  54, 
where  other    similar    cases   are    giren).      At 
Leucas  a  criminal  was  sacrificed  to  Apollo  by 
being  cast  from  a  rock:    an  age  of  greater 
bomsnity  supplied  him  with  feathers  to  break 
the  descent,    and   rags    to    fall    on    (Strabo, 
p.  452).    A  Tery  similar  case,  as  an  expiation 
lor   pestilence,  is  recorded   from  Massilia  by 
Serrius  {ad  Aen.  iii.  57 ;  Petron.  141).    In  this 
esse,  as  in  the  Mexican  and  other  savage  rites, 
the  victim  was  cherished  ("  alendas  anno  integro 
pablicis  et  pnrioribns  cibis ") ;  and  in  all  these 
examples  they  seem  to  have  been  adorned  with 
garlands,  &c.,  on  their  way  to  death.    Some- 
times an  animal  was  substitated  for  the  human 
victim,  as  at  Potniae,  where  a  goat  was  subati- 
tttted  for  a  boy  in  the  bloom  of  youth  (Pans, 
ix.  8,  1 ;  cf.  vii.  19,  2  and  3).    Occasionally  we 
meet  with  the  rite  surviving  only  in  a  symbolic 
act,  as  in  the  well-known  case  of  the  whipping 
of  Spartan  boys  at  the  altar  of  Artemis  Orthia 
till  the  blood  was  drawn.    With  this  may  be 
compared  the  striking  passage,  in  Eur.  Iph.  T, 
1458,  where  Ath«ne  orders  the  human  sacrifice 
in  expiation  for  the  death  of  Iphigeneia  to  be 
commuted  for  the  drawing  of  blood  by  a  sword. 
So  too,  at  the  Roman  Lufebcalza,  the  young 
men  were    smeared  with  tho  victim's  blood, 
which  was  then  wiped  off  with  wool  dipped  in 
milk  (ct.  a  curious  parallel  in  ApoUon.  Rhod. 
iv.  700  foil.,  where  purification  for  a  murder  is 
effected  by  smearing  the  murderer's  hands  with 
the  blood  of  a  young  pig,  and  then  wiping  it  off). 
Examples  of  the  substitution  of  puppets  are 
not  wanting,  especially   at  Rome,  where  the 
rush-puppets    cast    into    the    Tiber    in    May 
[Aroei]   are  described  by   Dion.  Hal.  as  re- 
sembling men  tied  hand  and  foot,  and  were 
generally  believed  to  be   substitutes   for  old 
men  (see  especially  Mannhardt,  Aniike  Wold" 
tt.    FeUUUiUej    265    foil.);    and   according   to 
Macrob.  i.  7,  34,  the  oscilla  or  *'  effigies  maniae 
sospenaae  "  were  substitutes  for  the  sacrifice  of 
boys  [Obcolla].    The  meaning  of  these  Roman 
rites  is  not,  however,  fully  ascertained. 

In  the  Roman  religion  proper  we  have  no 
trace  of  a  regularly  recurring  human  sacrifice 
without  substitution,  which  is  doubtless  partly 
owing  to  the  practical  sense  of  the  people,  to 
the  value  attached  to  human  life,  and  to  the 
bargaining  character  of  their  religion,  so  well 
illustrated  in  the  story  of  Numa  in  Plutarch, 
Numa^  15.  It  may  probably  be  traced,  however, 
in  the  ver  focrwnj  in  whicJi  the  first-bom  of  a 
tribe  were  devoted  to  a  god,  and  sent  forth  from 
the  city  (Nissen,  Tempi.  154;  Fest.  379);  in  the 
rite  of  devoHo  (Liv.  xxii.  57 ;  Maiquardt,  iu.  279 
and  re£);  in  the  spilling  of  the  blood  of  a 
gladiator  at  the  feriae  Latinae  (Tertull.  Apol,  9 ; 
Marquardt,  297);  in  the  oonsecratio  of  a 
criminal,  who  was  thus  made  Mcer  and  the 
property  of  the  gods  Qd.  257) ;  and  possibly 
in  the  rthu  hvmanus  of  the  Vejovis  cult 
<Preller-Jordan,  Jilhn,  Myth.  i.  265,  and  Macrob. 
iii.  9,  10,  where  it  is  noticeable  that  the 
formula  of  detotio  includes  Vejovis)  as  well 
as  in  the  examples  above  given.  In  Etruria, 
and  perhaps  in  other  parts  of  Italy,  human 


sacrifice  was  well  known:  see  MiiUex-Deecke, 
EtrtukeTf  ii.  20,  and  Dennis,  Citiea  cmd  Ceme" 
teries,  i.  422,  478,  ii.  506  ;  Gardthausen,  Maa- 
tama,  plate  at  end  of  volume. 

It  is  at  Rome,  however,  that  the  ordinary 
piacular  sacrifices  which  do  not  appear  to  re- 
present substitution  for  human  victims  are  best 
seen.  There  they  form  a  distinct  class,  and 
their  immediate  object  was  to  expiate,  even  by 
anticipation,  any  error  or  omission  in  the  per- 
formance of  ritual,  or  some  sacrilege,  however 
slight,  such  as  the  bringing  of  iron  into  the 
sacred  grove  of  the  Fratres  Arvales  (Henxen, 
Acta  Fratr,  An,  22,  136-140 ;  Abvaubb).  Of 
this  kind  were  the  ho§tiae  praecidane<ie,  offered 
before  the  main  sacrifice,  in  order  to  ensure  the 
efficacy  of  the  latter  (Gell.  iv.  6, 7 ;  Fest.  p.  223 : 
the  wpM^tM  of  Greek  ritual  seems  to  have  a 
different  sense).  Here  also  belong  the  piacula 
of  the  supplications  [StrppLiOATXO],  and  all 
sacrifices  ordered  to  be  performed  after  the  oc- 
currence of  prodigia.  It  is  difficult  to  say  how 
far  the  Italian  sacrifices  of  lustration  belong  to 
this  class,  e,g,  the  suovetaurilia ;  but  the  pHuJdu 
of  the  Iguvians  (Biicheler,  Umhrioa,  p.  314)  seem 
to  offer  a  parallel  and  to  bring  them  witlUn  the 
class  (compare  the  language  of  the  ritual  in 
Cato,  E,  R.  141).  Greek  examples  of  piacular 
sacrifices  not  substitutes  for  human  offerings 
are  the  x^'P^*^^*^  KaBa^iuA  of  Aesch.  Ewn, 
273 ;  the  Bouphonia  at  Athena,  of  which  more 
hereafter;  the  holocaust  to  Zeus  Meilichios 
in  Xen.  Anab,  7,  8;  and  many  others  may  be 
found  collected  in  Hermann,  ii.  §  23,  note  19  and 
folL,  and  §  28,  note  19,  and  in  SchSmann,  ii. 
239.  It  should  be  noted  that  the  piacular  sacri- 
fices can  in  general  be  distinguished  firom 
honorific  by  the  fact  of  the  victim  being  burnt 
10^0^  or  not  cooked  at  all,  and  at  Rome  l^ythe 
fact  of  its  not  being  used  fur  divination.  They 
did  not  constitute  a  meal,  but  were  whole  burnt 
offerings,  and,  unlike  the  honorific  sacrifices,  did 
not  always  consist  of  edible  animals,  but  in- 
cluded horses,  asses,  dogs  (to  Hecate),  &c .  See 
Stengel,  Qwust.  Soar,  pp.  23  foil. 

C  MytOo  or  Sacramentcd  Sacrifices, — ^This 
is  a  claM  which  it  is  hard  to  deal  with,  because 
the  sacrifices  here  had  in  historical  times  lost 
their  original  meaning,  being  survivals  from 
an  age  of  which  the  culture  is  only  to  be  studied 
among  other  races.  They  are  believed  to  have 
their  origin  in  the  age  of  totemistic  religion,  in 
which  g^  are  formed  out  of  the  totem  animals. 
In  that  age  we  find — 1.  That  the  totem  is  not 
sacrificed  to  the  god  out  of  which  it  was  de- 
veloped, except  on  certain  solemn  occasions. 
2.  That  on  these  occasions  the  sacrifice  is  of  the 
nature  of  a  sacrament,  the  totem  being  (as  in 
Mexico)  eaten  by  all  the  worshippers,  who  thus 
in  a  sense  partook  of  the  substance  of  their  god. 
(J.  G.  Fraxer,  Totemiemf  reprinted  from  Encyd, 
BriU\  W.  R.  Smith,  article  Sacrifice,  p.  137; 
A.  Lang,  Myth,  Situal  and  Religion,  passim.) 
Here  and  there  a  sacrificial  rite  in  Greece 
indicates  a  descent  from  this  age :  and  others, 
which  are  less  distinctly  to  be  referred  to  it, 
may  be  noticed  under  the  same  head. 

In  the  myth  of  Dionysus  Zagreus,  the  god 
when  captured  by  the  Titans  was  torn  asunder 
in  the  form  of  a  bull  (cf.  Pans.  viii.  37,  3.) 
This  myth  reflected  the  nature  of  his  sacrifices. 
In  these,  living  animals  were  torn  to  pieces 


^84 


8ACRIFICIUM 


8ACBIFICIUM 


^ttlla  or  fawns — and  eaUn  raw  by  all  the 
\Mlebranti  (Lobeck,  AgL  653  foil.).  The  god, 
Its  the  animal,  was  once  probably  the  totem  of  a 
tribe ;  and  the  worshippers  danced  about  dressed 
up  in  the  skins,  ue.  took  the  god*nature  upon 
them.  Cf.  for  a  similar  practice  of  tearing  to 
pieces  in  Chios,  Porph.  Abst,  ii.  55 ;  but  here  the 
victim  was  human,  and  the  origin  probably  can- 
nibalistic A  Roman  parallel  may  probably  be 
fonnd  in  the  Lupercalia,  where,  after  the  cere- 
mony of  smearing  above  alladed  to,  the  priests 
girt  themselves  with  the  victims'  wkins,  and, 
before  ranning  round  the  Palatine,  partook  of  a 
luxurious  feast,  which  may  be  a  snbstitutory 
survival  of  the  old  god-eating  rite.  Somewhat 
similar  in  character  is  the  well-known  worship 
T>f  2^us  Lycaon  in  Arcadia  (Paus.  viii.  2 ;  38, 5 ; 
Plato,  Bep.  505  D) ;  where  the  worshippers  tasted 
the  sacrifice,  but  he  who  ate  the  morsel  of  flesh 
contained  in  it  was  changed  into  a  wolf.  Cf. 
the  Hirpi  Sorani  of  Soracte  (Mannhardt,  Antike 
WtUd-  «.  Feldksau^  330X  where  another  totemic 
feature  is  apparent,  ue,  the  wolves  were  said  to 
have  carried  off  the  flesh  from  the  altar.  Again, 
in  the  Diipolia  at  Athens,  the  sacred  bull  was 
lAcrificed,  but  the  skin  was  sewn  up  and  stuffed, 
and  all  partook  of  it,  ^  the  life  of  the  victim  being 
renewed  in  those  who  ate  of  it "  (Porph.  Abet, 
II.  29).  This,  as  Prof.  R.  Smith  Q.  c.)  has 
pointed  out,  is  perhaps  a  relic  of  a  form  of  blood 
covenant;  for  the  legend  of  the  festival  con- 
nects the  origin  with  the  adoption  of  a  new 
family  by  the  Athenian  citixens. 

In  this  festival  of  the  Diipolia  we  notice 
another  feature  which  suggests  a  totemistic 
origin,  and  of  which  there  are  one  or  two  other 
examples  in  Greek  and  Roman  ritual.  Among 
totemistic  peoples  it  is  the  deadliest  crime  to 
kill  the  totediistic  animal.  Where  this  animal 
is  sacred,  the  slayer  would  pay  for  its  death  with 
his  life.  Thus  not  the  priest  indeed,  but  the 
axe  which  slew  the  bull  at  the  Athenian  Zens- 
feast,  was  solemnly  tried  and  condemned  (Paus. 
i.  24,  4).  At  Tenedos  the  sacrificer  of  the 
booted-calf  (Lang,  ii.  233)  was  stoned  and  driven 
into  the  sea  (Aelian,  H,  N.  xii.  34).  Perhaps 
with  this  curious  ritual  may  be  compared  the 
story  of  Apollo  flying  in  terror  after  slaying 
the  python  (Lang,  ii.  195).  Here  also  probably 
belongs  the  mysterious  ritual  of  the  Regifugium 
at  Rome,  which  has  been  so  strangely  confused 

by  many.    X^i^i'^^^'^^'O 

Another  mystical  totemistic  feature,  already 
alluded  to,  is  the  wearing  of  the  skin  of  the 
sacred  animal.  This,  which  is  a  very  common 
feature  among  totemistic  peoples,  has  %\io  left 
its  traces  in  Greece,  e.g,  in  the  Bacchic  rites, 
and  in  Rome  at  the  Lupercalia  at  least.  As  in 
Mexico,  the  priest  frequently  also  wore  the 
attributes  of  the  god :  examples  will  be  found 
collected  in  Back,  De  Oraeoorum  oaerimonue 
in  quibus  hominea  deomm  vice  funjebantur, 
Berlin,  1883. 

Ritual. — 1.  Oreek.  The  ordinary  ritual  of 
honorific  sacrifice  must  now  be  more  exactly 
described.  Unbloody  sacrifices,  it  should  be 
noted,  naturally  did  not  call  for  the  same  exact- 
ness of  observance  as  those  in  which  animals 
were  offered ;  while  piacular  sacrifices,  in  which 
the  victim  was  almost  always  a  whole  burnt 
offering,  or  at  least  was  not  shared  as  a  meal 
Xholocanst),  were  not  only  comparatively  rare, 


but  also  needed  a  simpler  ritual  than  the 
meal-sacrifice,  or  followed  the  ordinary  cere- 
mony, at  least  in  its  earlier  stages.  The 
process  to  be  described  is  found  in  all  it» 
main  features  in  the  Homeric  poems.  In  later 
times,  an  endless  variety  of  local  usage  arose, 
as  the  detail  was  developed  partly  through 
the  influence  of  the  temple  priesthood,  partly 
through  the  increasing  wealth  (and  consequent 
ceremonial)  of  cities  as  well  as  temples.  We 
will  first  describe  the  Homeric  ritual,  and  then 
indicate  some  points  in  which  its  leading  features 
became  afterwards  developed.  The  student  who 
desires  to  study  the  local  variation  must  refer 
to  the  works  of  Hermann,  SchOmann,  Maorr, 
and  Martha,  already  frequently  quoted;  but 
more  especially  to  Pausanias,  and  to  the  C.  I.  Q. 
and  C,  /.  A, 

In  Homer  (see  esp.  OtL  m.  418-463;   //.  i. 
446  foil.)  the  rite  is  as  follows.    The  victim,  for 
the  choice  of  which  there  seems  to  have  been  no 
precise  rule,  though  it  must  be  in  a  general 
sense  r4x§un  (//.  t  66 ;  Le.  free  from  blemish), 
and  of  a  kind  appropriate  to  the  god,  was  led  t«) 
the  altar,  where,  if  an  ox,  its  horns  were  or 
might  be  gilded,  to  gratify  the  eyes  of  the  deity. 
Then  follow  certain  preliminary  rites  of  conse- 
cration.     Water  fur  lustration  was  brought, 
together  with  a  basket  of  grain  (ovAof :  whether 
ground  or  not  is  uncertain) :  with  the  former  the 
hands  at  least  of  the  bystanders  were  sprinkled, 
and  the  latter  was  cast  on  the  victim  and  the 
altar  (jcwi^eanro  8*  Ivcira  ml  e^Aox^*^^  ^^ 
Xorro,  ll,  i.  449 ;  cfl  OdL  iii.  445).     When  thU 
was  done,  the  chief  sacrificer,  whether  priest  or 
not,  offered  his  prayer  (//.  i.  451),  and  at  the 
aame  time  cut  some  hair  from  the  victim's  bead 
and  cast  it  into  the  flame.    This  hair,  if  the 
sacrifice  had  relation  to  a  treaty  or  compact, 
was  divided  among  the  parties  concerned  (//.  iii. 
27 1).    Then  followed  the  slaughter  of  the  victim 
either  with  axe  or  knife  or  Iwth ;  it  was  killed 
kneeling,  as  it  is  often  represented  on  sacrificial 
vases,  with  its  head  turned  upwards  if  the  sacri- 
fice were  to  celestial  deities,  downwards  if  to 
those  of  the  under-world  (Otf.  iii.  453>    DurisjC 
the  act  of  slaughter  the  bystanding  women,  if 
any,  cried  aloud  (^xAv(ay)--for  what  reason  is 
not  very  clear;    perhaps  this  noise,  like  the 
flute-music  of  later  times,  was  meant  to  bide 
the  cries  of  the  animal,  all  unwillingness  on  \U 
part  being  held  of  ill  omen.     Lastly,  the  flesh 
was  cut  up,  the  thighs  were  sliced,  and  the 
slices  wrapped  in  double  layers  of  fat  and  placed 
on  the  altar  to  be  wholly  consumed  for  the  g«d, 
after  wine  had  been   poured   on  them.     The 
entrails  were  then  tasted,  and  arming  themselres 
with  long  spits,  such  as  are  often  seen  in  raie- 
paintings  (see  e,g,  Baumeister,  Denkm.  p.  1107), 
and  with  five-pronged  forks  (vtfMnS^eXa),  the 
sacrificers  set  to  work  to  roast  the  rest  of  the 
meat  for  their  own  enjoyment.    In  B.  t  472, 
this  feasting  is  accompanied  by  hymns  to  the  god. 

This  ritual  remained  practically  the  ssme 
throughout  the  history  of  Greek  religion.  In 
all  Greek  literature,  down  to  Lndan,  we  find 
the  same  notions  prevalent  about  the  part  taken 
by  the  god,  and  the  same  main  features,  t^^  the 
lustral  water,  the  grain,  the  clipping  of  the 
hair,  and  the  dutribution  of  flesh  between  deity 
and  sacrificers.  See  especially  Aristoph.  /*ar» 
820  foil. ;  Lnclan,  de  Saerificiie,  14.    The  mono- 


SACfitFICIUU 

mtoUl  iridcnoe  bnn  Uiu  out  fnllf  (u»  Uutha, 
p.  67,  Dot*  5).  Bnt,  apart  from  tha  gmt 
Tuict;  of  loctl  tinge  alrudf  rafimd  to,  m 
may  notfl  at  laAit  thrae  pcunta  in  which  &  gananl 
darelopmant  took  place  in  the  wa^  of  aIabormt« 
ngnlationi,  and  eipvciallj  u  reganli— I,  th« 
choica  of  Tictimi ;  2,  th«  c«rcmoDul  adarn- 
manti;  3,  the  ipportioiuDeDt  of  flaih  and  ikiat. 
A  brief  TefanDca  to  each  of  tli«aa  ii  all  for 
whidi  ipac*  can  h<Te  ba  faand. 

1.  Tlu  tandancy  of  tampU  -  worthip  and 
printly  influenca  vaa  to  cnotc  a  number  of 
artJGda]  nqninmniti  ia  iwMct  of  tba  eolonr, 
ni,  parity  and  pcrirctiMM  of  rletimo,  Mpadally 
on  gnat  public  oceaoiou.  Thli  ii  moit  nngu- 
larly  iUutratad  in  an  inocription  fnan  Cim, 
lalalr  di«»*ar«i,  and  «dittd  bj  Ur.  Hicki 
(/own.  BM.  ShdL  Tol.  ii.  No.  3,  p.  334  foil.). 
The  Klcction  of  tbe  ox  for  lacrilica  to  Zcut 
Poliana,  on  tha  19tb  day  of  tha  Coan  montb 
Batromina,  wai  a  matter  of  th<  ntmoot  aolemiiity 
and  diSculty.  A  hoiocanit  or  piacular  otfering 
of  a  [Hg  had  bean  made  on  the  previoai  day 
witb  a  view  to  good-lock  in  the  atlectioa;  bet 
it  ia  obriona  from  tha  iiucriptian  tfaat  tbe 
HierspMoi,  who  lat  at  a  table  with  the  priest 
aod  iupected  the  oieo  aa  they  were  driren  paat, 
had  often  great  ditScnlty  in  chooaing.  Wbaa 
a  Mooad  herd  waa  driren  in,  on  oi  waa  to  be 
•acriSced  to  Ueatia,  apparentiy  aa  a  fnrtbar  aid ; 
cfl  Dittenbacjer,  331j,  70,  wheaco  we  Itara 
that  at  Andonia  (and  probably  at  many  other 
plac«)  til*  Tictimi  nnderwent  an  examioation 
by  th«  priaet  or  other  official,  who  affiled  a  otal 
{niitMr)  to  them  if  approved  of.  On  the  other 
hand,  euch  elaborata  lelection  mnot  hare  bean 
wall-aigh  impoaaible  in  the  caee  of  the  great 
becatomba  at  Atheni:  there  the  chief  fnnction 
of  the  offidali  aeemi  to  bare  been  rather  the 
procuring  than  the  (election  of  lietima.  (for 
tha  dntic*  of  Awvai  and  tifowxuct  at  Athena, 
•*«  Dittenb.  388;  Martha,  pp.  70  aod  71; 
[Bookab;  Hubopou.])  la  tb<  caie  of  prirate 
•acriCoea,  aa  dktingniAwd  from  thoee  nndar- 
taken  by  the  itata,  it  wu  no  doobt  tbe  Imuneaa  of 
tbe  prieat  of  the  temple  where  the  wcrifica  waa  to 
take  place  to  eiamine  the  victim  ;  but  ao  long  aa 
it  waa  of  the  right  kind,  colonr,  lie.,  it  la  not  pro- 
babla  tlkat  further  rigidity  of  rale  waa  in-i-t-H  on. 

2.  Ia  regard  to  ceremooial  adornment,  ve 
find  a  deTclopnwDt  chiefly  in  two  particnlan^ 
ru.  tha  wearing  of  wreatha,  and  the  uie  of 
initnunental  muaic  Wreath*  and  garianJa, 
whicb  on  the  mouumenta  invariably  adom  the 
■acritioer  at  well  ai  the  victim,  are  not  men- 
tioned in  Uonwr  (SchBrnann,  p.  238).  A  few 
eicaptioni  to  thii  rule  are  mentioDed  in  Inter 
literstare,  e.g.  at  Paroa,  in  the  worahip  of  the 
Xifirn,  and  on  oceaaiooa  of  dometlic  grief 
(ApoUodorua,  iii.  15,  T;  DJog.  Laert.  ii.  54). 
The  place  of  the  wailing  of  the  women,  aa  rapre- 
ttnt«l  by  Bomcr,  at  the  moment  of  ilanghter,  la 
taken  by  the  playing  of  tbe  flnt«  (in  Argoa  of 
a  trumpet,  Pollni,  iv.  87),  aa  ia  often  to  be  oata 
on  aacrilicial  nae-pamtinp  (Uarlha,  p.  84). 
The  paoaaga  of  Apallodorui  jnit  quoted  ihowa 
plainly  that  the  abanice  of  thcee  acconpanimenta 
of  iBcrilice  at  Paro*  waa  a  very  anoaoal  feature, 
and  needed  a  legend  to  explain  It,  Other  datailo, 
BDcb  aa  the  uae  of  oil  and  honey,  the  apiin.'  " 
of  the  altar  with  the  blood  of  tha  victim, 
may  probably  ban  bccB  at  oil  timci  in  vogne  in 


BACBinCIUU 


685 


(he  templea,  though  nnnoticed  in  the  Honieric 
acconuti  of  aacribce.     For  the  development  of 
hymn-einging  and  dancing  in  relation  to  oocrifice, 
lee  Dnnckcr,  Hut.  of  6ma,  vol.  ii.  ch.  14. 
3.  Id   regard   to   the   apportionment    of  tbe 

waa  a  aimpla  matter,  we  have  in  later  timn, 
chiefly  from  inacriptiona,  ■  vaat  number  of 
detaila  and  regalationa,  ahowing  the  importance 
attached  to  it.  Uoat  of  theu  de£ne  tbe  porticn 
which  ia  the  perqulaite  of  the  prieat  (tnitaipta  : 
yiim  :  IfAam).  Tbia  differed  in  different 
wonbipa:  frequently  It  ii  the  laga  and  akin; 
■ometime*  the  tongue  and  ahoiUder  ;  in  Fragm, 
Com.  GroK.  p.  865  (DidotX  the  thigha,  Sank, 
and  left  aide  of  the  bead  are  mentioned.  (See 
INttenberger,  Mol  373,  37t>,  379,  and  388,  line 
85.  Alio  Jountal  of  HtU.  StvL  1.  c  p.  3!B  and 
note)  Slengel,ci}>.cit.  p.  15foll.)  Tbereatofthe 
animal  might,  in  tha  caie  of  private  aacrificei, 
be  taken  home  by  the  aacrlticer  to  be  nied  for  a 
meal  (the  aurvlval  of  the  Homeric  practice),  or 
even  lent  in  the  form  of  preeenta  to  frienda 
(ScbSmann,  S31>  Thia  waa,  of  courac,  im- 
poaaible in  the  caie  of  bolocaoate,  which  were 
rarely  bonorilic  aacrifieea:  e.jr.  it  ia  eipreotly 
forbidden,  in  the  ioacription  from  Coa  already 
quoted,  to  take  away  any  put  of  the  pig  which 
waa  Inimt  tbe  day  Iwfore  the  Zeni  (eativnl. 
But  in  public  aacrilicea  undertaken  by  the  atate, 
iht  diapoaal  of  the  carcase*,  which  at  Atheni 
at  leaat  were  aometimet  counted  by  hundred*, 
came  to  be  an  importaat  matter  of  public 
nvenoe,  about  wbich  fall  infbrmatioa  will  be 
fonnd  in  Boeckh-Frlnkcl,  ataaiahaiuhalliag, 
vol-  ii-,  appendlcea  viii-  and  viii.  b.  Dermaiiam 
waa  the  general  name  for  thia  lource  of  revenue ; 
the  akin  being  retained  aa  the  apecial  property 
of  the  itate,  while  tbe  fleab,  after  tbe  migiitratci 
had  received  their  portlgn*,  waa  diitributed 
among  the  whole  number  of  demca,  for  purpcaei 
of  faaiting  (C.  /.  A.  ii.  163,  305).  In  B.a  334 
the  revenue  ariiing  fl-om  the  aale  of  theae  ikina 
waa  no  leu  than  5,500  drachmae.  Thna  the 
ajinple  primitire  aacriGce,  with  ita  genuiaa 
meaning,  came  t«  be  developed  into  a  atate 
detail,  whoea  Importance  waa  much  more 
material  than  aplrilnal. 


i.Soman.  ThaintrodnctionofGreekreligioni 
piactica  at  an  early  period  overlaid  the  true 
Roman  colt,  and  by  degreii  almnt  eiUngniahed 
it,  tbongh  a  dialinction  waa  alwaya  maintained 
by  the  luiMd  between  tlte  rOiif  XOmmw  and 


586 


8ACEIFIGIUM 


the  rittts  Oraecus  (Marquardt,  iii.  186).  What 
featares  of  ritual  are  to  be  understood  hj  the 
former  term,  it  is  hard  to  say,  except  the  yeiling 
of  the  head  of  the  worshipper,  which  is  expressly 
mentioned  by  Macrobius  (i.  8,  2 ;  iii.  6,  17 ; 
Plut.  Q.  S,  10),  and  the  use  of  laurel  or  other 
wreaths  (Marquardt,  /.  c,  note  4).  It  may  also 
be  noted  that  the  use  of  music  and  dancing  at 
sacrificial  rites,  which  in  Greece  had  such 
momentous  literary  results,  never  dcTeloped  at 
Rome  into  more  than  the  mere  accompaniment 
of  t&ndnesy  the  object  of  which  was  to  preclude 
all  ill-omened  sounds  from  reaching  the  ears  of 
the  worshippers  (Plin.  M.  N.  xxviii.  §  11).  This, 
howerer,  need  not  exclude  the  supposition  that 
rude  hymns,  such  as  those  which  we  still  possess 
of  the  SALn  and  the  Fbatbes  Abvales,  were  at 
one  time  in  use  (R.  Peter,  de  Bomanontm  preoo' 
tionum  carmmUnu;  contained  in  the  CommerUa' 
fumes  Ml  honorem  JReifferscKeidU,  Breslau,  1884, 
p.  67  foil.).  But  we  know  enough  to  discern 
that  the  leading  characteristic  of  the  ritva 
RomanuB  was  its  solemnity  and  stillness,  especially 
at  the  time  when  the  prayer,  which  was  a  more 
essential  feature  of  it  than  with  the  Greeks,  was 
being  led  by  the  priest.  This  stillness  is  indi- 
cated, not  only  by  the  yelling  of  the  head,  but 
by  the  fact  that  the  prayer  was  often  not  spoken 
aloud,  but  only  muttered.  Thus,  in  the  elaborate 
and  genuinely  Italian  ritual  of  the  Fratres 
Atiedii,  at  Iguyiom,  we  meet  with  the  phrase 
''  tases  persnimu  "  =  tacitus  precator  (Bucheler, 
Umbricoy  p.  60,  note) ;  which  is  to  be  explained 
as  a  direction  to  the  priest  to  murmur  below 
his  breath.  (See  reff.  in  Marquardt,  178,  note  4, 
and  Biicheler,  /.  c.)  The  more  strictly  religious, 
if  not  spiritual,  character  of  the  worship  in  Italy 
is  also  shown  by  the  absence  of  revelry  after 
sacrifice ;  or  at  least  of  the  development  of  the 
rite  into  a  matter  of  public  feasting,  as  at  Athens. 
Another  characteriiitic  which  was  more  strongly 
marked  in  Italy  than  Greece  was  the  extreme 
and  superstitious  precision  required  in  the  whole 
rituaL  The  form  of  prayer  which  the  priest  led 
and  the  worshippers  repeated  after  him  must  be 
gone  through  without  the  slightest  error ;  if 
such  error  were  committed,  the  whole  had  to  be 
repeated  again.  The  same  rule  applied  to  the 
ritual  of  sacrifice  itself  (Bucheler,  /.  c.  p.  81 ; 
Amob.  iv.  31 ;  Plut.  Coriol.  25) ;  and  in  all  such 
cases  the  error  had  to  be  wiped  out  by  a  piacular 
sacrifice  in  addition.  The  same  precision  was 
observed  in  regard  to  the  posture  of  the  wor- 
shipper, which  differed  in  different  cults :  in  the 
ritna  Bomanua  it  is  likely  that  this  posture  was 
a  kneeling  one  in  the  act  of  prayer  (Marquardt, 
179,  note  4),  while  usually  the  person  praying 
atood  with  outstretched  arms,  and  looking  to  the 
east.  In  the  cult  of  Tellus  and  Ops,  he  touched 
the  earth  with  his  hands  (Macrob.  t.  10,  21 ;  iii. 
9f  12).  But  to  gain  an  adequate  idea  of  the  ex- 
traordinary lengths  to  which  this  precision  in 
all  respects  was  carried  by  Italian  custom,  and 
maintained  by  written  rules,  the  student  should 
not  fail  to  consult  the  Iguvian  inscription  so 
often  quoted,  with  the  translations  'and  com- 
mentaries of  Br^al  or  Biicheler  (Br^l,  Le$ 
Tables  Evgvbines ;  Bucheler,  Umbrioa,  The  first 
and  sixth  tables  afford  the  best  illustrations). 

A  succinct  description  of  an  ordinary  Roman 
sacrifice  may  be  given  in  conclusion ;  in  which 
it  will  now  be  easy  for  the  student  to  dis- 


SACBIFICIUM 

tinguish  some  at  least  of  the  Greek  and  Italian 
elements.  For  further  detail  be  is  referred  to 
Marquardt,  180  foil,  (in  the  new  French  trans- 
lation, vol.  i.  pp.  216  foil.) ;  and  for  an  immense 
collection  of  variety  of  detail,  which  u  however 
wrongly  used  as  if  belonging  to  a  single  act 
of  sacrifice,  to  the  article  in  Pauly'i  iSicyclo' 
pddiey  vol.  vi.  pt.  i.  pp.  671  foil. 

The  victim  (yictima  is  used  of  the  larger, 
hostia  of  the  smaller  animals)  was  led  to  the 
altar  adorned  with  fillet  and  ribbons  (mfuiae 
and  vittae) ;  the  gilding  of  the  horns  in  the  case 
of  an  ox  is  also  mentioned  (Hensen,  Act.  Fratr, 
An,  144).     On  great  occasions  of  lustration, 
e^.  of  an  army  by  a  general,  or  of  the  people  by 
a  censor,  the  leaders  of  the  victims  most  have 
names  of  good  omen.    The  Greek  rule  held  good 
here  also,  that  the  victim  must  come  willingly. 
Then  followed  the  immohtia,  also  a  counterpart 
of  the  Greek  ritual,  which  consisted  in  dedi- 
cating the  animal  by  strewing  on  its  head  the 
moia  saha  or  prepared  cake  (Sery.  ad  Aen.  iv. 
57) ;  wine  and  incense  were  also  used  for  this 
purpose,  and  in  Verg.  Aen,  vi.  245  the  Greek 
practice  is  alluded  to  of  cutting  hair  from  the 
victim's  head  and  castin|^  it  into  the  fire.    The 
beast  was  then  slain,  the  larger  ones  with  axe 
or  hammer,  the  smaller  with  the  knife:  this 
was  the  business,  in  public  honorific  sacrifices 
at  least,  not  of  the  priest,  but  of  assistants 
(ctdlrariiy  popaSj  vicHmarii),    When  the  victim 
was   dead,   the  most    important    part  of  the 
ceremony  began :  vix.  the  extraction  and  exs- 
mination  of  the  exta  and  the  preparation  for 
burning  them  on  the  altar.     By  esta  is  to  be 
understood  the   liver,  gall,  lungs,  and  heart, 
with  the  interior  skin.    These,  and  espedally 
the  liver,  were  in  all  sacrifices  except  piaculsr 
ones  subjected  to  a  careful  inspection,  with  a 
view  to  ascertain  whether  the  god  was  pleased ; 
the  idea  being,  as  has  been  already  pointed  out, 
that   he  showed  his  good  and  ill  will  in  the 
organs  of  the  victim.    (For  the  complicated 
science  of  augury  which  grew  out  of  this  idea  in 
Italy,  see  article  Diyinatio  ;  Bouch^Ledercq, 
Divination  dans  PAniiquUey  vol.   iv.)    If  the 
inspection    were    satisfactory    {litare    is    the 
technical  wordX  the  priest  proceeded  to  prepare 
the  exta  either  by  boiling  or  by  roasting  on 
spits ;  the  latter  practice  seems  to  have  been 
confined  to  the  sacrifices  of  sheep  and  lambs 
(Varro,  L,  L,  v.  98).    They  were  then  laid  on  s 
dish,  together  with  certain  other  parts  of  the 
flesh  (Amob.   vii.  24),  and  in  this  form  were 
called  prosecta  (for  other  forms  of  the  word  see 
Marquardt,  183 ;  in  the  Iguvian  inscription  it  is 
proseseto);  on  this  again  the  mola  salsa  wss 
sprinkled  and  wine  poured  (Cic.  Dw.  ii.  16,  37), 
and  it  was  then  ready  to  be  placed  on  the  altar 
{exta  ponicere   or   redders).    That  this  pre- 
paration of  the  exta  was  the  leading  featore  in 
the  rite,  is  well  shown  in  the  fact  that  on  the 
dies  intercisi  of  the  calendar,  the  slaughter  of 
the  victim  took  place  in  the  morning,  and  the 
placing  of  the  exta  on  the  altar  was  delayed  till 
the  evening.    The  additions  to  the  exta  from 
other  parts  of  the  victim  were  called  atigmenta ; 
the    magmetUa    (Marquardt,    184)   sometimes 
mentioned  appear  to  have  been  separate  dishes, 
also  placed  on  the  altar  for  consumption.    The 
rest  of  the  flesh,  or  viscera  (Serv.  ad  Aen.  vi. 
253),  was  eaten  by  thoae  offering  the  sacrifice  or 


8ACBILE0IUM 

b«  the  priett 

iii.  TJl),  when  (os  Ticum  wiu  ni 
(cp.  Abtaleh  ;  C.  I.  L.  tL  2104).  But  wc  heu 
T(rj  littla  of  prieBti'  portiona  or  of  ■scriSciil 
reuttug ;  tlig  Romans  were  uenr  ta  lavinh  ni 
tlwir  Tictinu  u  th«  Gnaki,  4nd  the  Bbieaca  of 
a  regular  temple-prieatboad  enabled  tliem  to 
diipeuie  with  perquiiite*  w  a  meaiu  of  aecuriiig 
tk*  ptietU  a  livelihood.  The  iDiwctian  «ud 
preparatim  of  the  txta  remained  the  chief 
object  uhI  festare  of  ucrifice;  and  tbut,  in 
iplte  of  the  predominance  of  the  Qneoa 
ritM,  the  peculiar  chaiBcteristia  of  the  Italian 
religious  temperameDt  were  prenrred  till 
late  timei  in  the  Roman  ceremonial.  (In  the 
foregoing  description  of  the  Roman  ritoil, 
Uarqnardt's  eicallent  account  hai  been  cloeety 
followed.)  [W.  W.  F.] 

SAOBILE'OIDM,  the  robber;  of  iscred 
tfaingi  (Sen.  de  But.  T,  7 ;  bid.  Ong.  v.  26\  la 
tliat  form  of  paculatus  w)ii(!h  aSects  lacred 
propeK;  not  in  prirate  handi :  i.e,  it  i*  the 
robbery  of  anjthing  pnbliclj-  dedicated  to  the 
■errica  it  the  godi.  Hence  the  theft  of  anr- 
thing  from  a  private  dwelling,  thoagh  it  might 
be  dedicated  to  the  gods,  wonCl  bi  a  furtim,  not 
m  (cf,  Cic  ii( /numt.  8,  11).  Aocord- 
o  the  Twelve  Tablw,  "Sacrum  lacroqne 
endatum  qui  cleperit  rapeitque  parricida 
eato "  (Cic  dt  Ltg.  IL  9,  23),  which  doee  not 
mean  that  It  wa*  reckoned  ai  p«rricidinm,  but 
that  the  aacrilegtu  waa  tried  bf  the  qoaeatoTei 
parricidii.  In  later  time*  there  were  cfauigei 
both  in  the  procedure  and  in  the  definition  of 
the  crime.  It  wai  tried  under  the  fwKitibHi 
perprtuae  [PsCCLaTUS;  cf  Cic  Vtrr.  i.  5,  U), 
and  the  crime  of  sacrilege,  beiidei  meaning 
robbery  of  temples,  was  eitended  to  include 
damage  or  iniult  to  anything  coniacrated,  and 
*o  wa*  made  to  refer  to  dnmage  of  the  city 
walls,  which  were  sacred  (Qc.  S.  D.  iii.  40,  94 ; 
Plat.  Jfon.  U)>  and  even  to  climbing  over  them 
(Dig.  1,  B,  11);  and  fbrtber,  under  the  Empire, 
to  irant  sf  respect  for  the  emperor  or  hi* 
appointmcnU  (Capit.  Aiit.  Fhil.  18;  Cod.  9,  21, 
1),  though  inch  ofltnce*  were  sufficiently  dealt 
with  onder  the  taw  of  Msjestas.  For  the  con- 
ception of  what  WIS  tacrmn,  see  Hacrob.  iii.  3, 
2  ;  IHg.  1,  8,  6,  S  3.  The  punishment  of  ucri- 
legium  nnder  the  Lex  Jnlia  wai  Interiiictio 
aqua  at  igni,  for  which  banishment  (lUportatio) 
waa  BuUtitated:  under  the  Empire  heavier 
penalties  were  ariiied — for  breaking  into  temple* 
by  night,  dammttii)  ad  batiai  or  burning  alive ; 
for  Um  aame  act  by  day,  laboor  in  the  mines  or 
bannhment  (Dig.  4S,  13,  6).  Compare  Rein, 
OimmoA-ecAe,  681 ;  Rein  in  Panly,  Stal  Ency- 
~     "    '     .    (For  sacrilege  among  the 

".£.«.] 

[Okhs, 

SAE'CULUVi.    [Lusi  Saecuubu,  p.  92.] 
SAGABa     [Saoim.] 

SAQtTTA  (iUrri,,  Us ;  Herod.  rdfeviM).  an 
arrow.  The  account  of  the  arrows  of  Hercalea 
(Hesiod,  Sxd.  130-134)  enumerates  and  de- 
scribes three  parts,  viz.  the  point,  the  shaft,  and 
the  feather.  Pollux  (i.  137)  says  that  the 
feathered  end  was  called  the  bead  at  the  arrow. 

L  Tha  point  wat  denominated  tftu  (Hwod.  L 


SAGITTA 


587 


215,  iv.  81),  whence  the  initrument,  need  to 
eitract  arrow-head*  from  the  bodies  of  tba 
wounded,  wo*  called  ipSmtiipa.  [Fobcefs.] 
Great  quantities  of  Hint  arrow-headi  are  found 
in  Celtic  barrow*  throughout  the  north  of 
Europe,  in  form  eiactly  resembling  those  which 
are  still  used  by  the  Indiani  of  Morth  America 
(Hoare's  Ane.  WaiMiin,  SautM,  p.  183).  Never- 
theless the  Scythian*  and  Uassagetae  had  them 
of  bronie  (Herod.  II.  «.). 

A  lai^e  number  of  fiint  arrow-heads,  some  of 
them  finely  shaped,  have  also  been  found  in 
Italy,  in  deposits  of  the  Stone  age.  Specimen* 
may  be  seen  in  the  prehiitoric  ^leries  of  the 
British  Museum.  The  Aethiopians  in  the  army 
of  Xeries  tipped  their  arrows  with  a  sharpened 
stone,  which  they  also  used  for  engraving  gems 
(Herod,  vii.  69).  Ur.  DodweU  found  black 
flint  arrow-bends  in  the  large  tumulu*  of  Usra- 
thon,  and  conulndes  that  they  had  belonged  to 
the  Feraisn  army  (Tbur  thnmgh  Grttct,  voL  ii. 
p.  159).  Those  used  by  the  Greeks  were  com- 
monly bronie,  as  is  expressed  by  the  epithet 
XoAjeqpifr,  "fitted  with  bronxe,*'  which  aomer 
applies  to  sn  arrow  (if.  liii.  650,  663).  Bero- 
dotns,  however  (vii.  6aX  *peak>  a*  if  iron  was 
the  natural  material  to  be  employed. 

The  Homeric  arrow-head  waa  "  three-tongned  " 
(rpry^XUf  i'-  ▼■  393)  and  bad  barb*  {tyZn,  II. 
ir.  151,  214).  Its  fom  is  ihown  by  the  a^ 
neied  woodcut*. 


AiRFw-heads  finnd  In  Attica.' 


The  two  smaller,  one  of  which  ifaowi  a  rivet- 
hole  at  the  side  for  fsiteniDg  it  to  the  ibaft,  are 
from  the  plain  of  Marathon  (Skelton,  lOutt.  of 
ArmMr  at  Qoodrich  Covrt,  i.  pi.  44),  The 
third  ipedmen  was  also  found  in  Attica  (Dod- 
well,  i.  c).  Some  of  the  Northern  nation*,  who 
could  not  obtain  metal,  barbed  their  arrow- 
heads with  bone  (Tao.  Otm.  46). 

The  use  of  poisoned  arrowi  (wnmaliM  ta- 
gittat)  is  always  represented  by  the  Greek  and 
Roman  authors  as  the  characteriitic  of  birharoui 
nations.  It  is  attribnted  to  the  Sanromatae  and 
Oetoe  (Ovid,  THit.  n.  10,  63,  64  ;  ii>  Fatto,  iv. 
7,  11,  12) ;  to  the  Scythian*  (Plin.  fl.  S.  li.  53, 

LUS),  and  to  the  Arabs  (Pollux,  i.  13B)  and 
OOTB  (Hor.  Od.  I.  22,  3>  When  Ulysses  wishes 
to  hsve  recourse  to  this  iosidiod)  practice,  he  ie 
obliged  to  travel  north  of  the  country  of  the 
Thesprotian*  (Hom.  Od.  i.  261-263);  and  the 
classical  author*  who  mention  it  do  lo  in  terms 
of  condemnstion  (Horn.  Plin.  U.  cc.;  Aalian, 
JI.  A.  r.  16).  The  poison  applied  to  the  tips  of 
arrow*  having  been  called  iaxicum  (rofaiir),  on 
account  of  its  connexion  with  the  use  of  the 
bow  (Plin,  3.  N.  ivL  10,  5  20;  Foitus,  ».  •.; 
DJoscor.  vi.  30),  tbe  signification  of  this  term 


588 


SAGMINA 


was  afterwards  extended  to  poisons  in  general 
(Plant  Merc,  ii.  4,  4;  Hor.  Epod.  xnu  61; 
Properi.  i.  5,  6). 

II.  The  excellence  of  the  shaft  consisted  in 
being  long  and  at  the  same  time  straight,  and  in 
being  well  polished  (Hes.  ScvA.  133).  The 
arrows  of  the  Carduchi  were  more  than  two 
cubits  long,  and  were  nsed  as  jsTelins  by  the 
Greeks  (Xen.  Andb.  ir.  2).  But  the  shaft  often 
consisted  of  a  smooth  cane  or  reed  {Arundo 
donax  or  phragmitea,  Linn. :  cf.  Plin.  ff.  N.  xvi. 
36,  §  65),  and  on  this  account  the  whole  arrow 
was  called  poetically  either  arundo  in  the  one 
case  (Verg.  Aen,  ir.  73,  t.  525 ;  Ovid.  Met.  riii. 
382),  or  calamus  in  the  other  (Verg.  Bite.  iii.  13 ; 
Grid,  Met.  ru.  778;  Hor.  Od.  I  15, 17;  Juv. 
xiii.  80).  In  the  Egyptian  tombs  reed  arrows 
have  been  found,  varying  from  34  to  22  inches 
in  length.  They  show  the  slit  (yXv^Sf  Hom. 
n.  iy.  122 ;  Od  xxi.  419)  cut  in  the  reed  for 
fixing  it  upon  the  string  (Wilkinson,  Mttn.  and 
Oust.  ^c.  vol.  i.  p.  309). 

IIL  The  feathers  are  shown  on  ancient  monu* 
ments  of  all  kinds,  and  are  indicated  by  the 
terms  aloe  (Verg.  Aen.  ix.  578,  xii.  319),  peti- 
natae  sagittae  (Prudentius,  Hamart.  498),  and 
VTffo^cKTft  hX^Toi  (Hom.  II.  y.  171),  but  it  is 
doubtful  if  the  Homeric  epithet  has  any  refer- 
ence to  the  feathers.  The  arrows  of  Hercules 
are  said  to  have  been  feathered  from  the  wings 
of  a  black  eagle  (Hes.  /.  c). 

Besides  the  use  of  arrows  in  the  ordinary 
way,  they  were  sometimes  employed  to  carry 
tire.  Xerxes  captured  the  Acropolis  in  this 
manner  (Her.  yiii.  52).  Julius  Caesar  attempted 
to  set  Antony's  ships  on  fire  by  sending  fiikti 
irvp^6pa  from  the  bows  of  his  archers  (Dio  Cass. 
1.  34 ;  cf.  Pollux,  i.  137).  A  head-dress  of  small 
arrows  is  said  to  have  been  worn  by  the  Indians 
(Prudentius,  I.  c),  the  Nubians,  and  the  Aethio- 
pians  of  Meroe  (Claudian,  de  Nupt.  Honor,  222; 
de  III.  Cons.  Honor.  21;  de  Laud.  Stil.  i.  254). 

In  the  Greek  and  Roman  armies  the  eagittarii, 
more  anciently  called  arquUes,  i.e.  archers,  or 
bowmen  (Festus,  s.  v.),  formed  an  important 
part  of  the  light-armod  infantry  (Caesar,  Bell. 
Civ.  i.  81,  iU.  44 ;  Cic.  ad  Fam.  xy.  4).  They 
belonged,  for  the  most  part,  to  the  allies,  and 
were  principally  Cretans.  (Abcus  ;  Cobytus  ; 
PhARETRA  ;  TORMEZTTUM.]    [J.  Y.]    [A  H.  S.] 

SA'GMINA  were  the  same  as  verbenae, 
sacred  herbs,  especially  those  which  were  torn 
up  by  their  roots  from  the  enclosure  of  the 
Capitol,  and  given  by  the  consul  or  praetor  to 
the  Fetiaies  when  they  went  to  demand  repara- 
tion or  to  make  a  treaty  [FETiALEsn.  They 
were  carried  by  one  of  the  body  called  Ver- 
benariuSf  and  served  to  mark  the  sacred  charac- 
ter of  the  ambassadors:  Vsrro  (ap.  Non.  528) 
compares  them  to  the  caduceus  or  tnip^Keiw 
(cf.  Plin.  H.  N,  xxU.  §  5 ;  Liv.  i.  24,  xxx.  43  ; 
^%*  If  8»  S  ^ ;  Festus,  9.  v.).  There  can  be  no 
doubt  that  any  herb  so  gathered  would  answer 
the  purpose  if  the  true  verbena  could  not  be 
procured:  indeed  Servius  (ad  Aen.  xii.  120) 
says,  **  abusive  verbenas  vocamus  omnes  herbas 
sacratas  ut  est  laurus  oliva  vel  myrtus."  The 
true  verbena  or  vercain  is  the  verbena  o/fkmafis, 
which  suits  Pliny's  description  of  the  plant  and 
his  comparison  of  the  leaf  to  an  oak-leaf  (xxv. 
§  105).  It  was  used  for  lustrations,  for  sweep- 
ing the  Ubles  of  the  gods  at  the  Epulum  Jovif 


8A6UM 

or  at  the  lectistemia  (Id.  t&.^ ;  it  was  nsed  sLpq 
for  decking  the  altar  ^er.  And.  iv.  3, 11 ;  Hor. 
Od.  i.  19,  14,  iv.  11,  7;  Ovid,  Met.  vii.  242>. 
The  Greek  name  seems  to  be  lepk  fivritn^  or 
mptarepe^w,  but  the  Greek  equivalent  for  lus* 
tration  or  for  decking  the  altar  was  rather  the 
myrtle:  cf.  Eurip.  /on,  120,  itvpeipos  Up^ 
^/3ar  1  ^^P^  94m99ow  9tov :  and  Serrins,  /.  c, 
notes  tnat  Terence  in  using  the  word  verbena 
translates  a  line  (quoted  in  a  corrupt  state  bj- 
Donatus)  where  it  is  a  myrtle  bough  (see  War- 
ner ad  Ter.  /.  c).  Lastly  we  find  a  cnrioualjr 
widespread  use  of  the  plant  in  divination  and 
magic:  for  this  purpose  it  is  burnt  in  Ver^. 
EcL  viii.  65,  and  Pliny  (/.  c.)  speaks  of  the  same 
use  among  Eastern  nations  (cf.  Suet.  Vesp.  7> 
and  among  the  Celts,  where  the  superstition 
lingers  to  this  day  (e.g.  in  Brittany). 

Whatever  the  etymology  of  sagmen  may  be, 
we  must  reject  the  connexion  with  sanetus  or 
soosr,  which  Festus  fiivours.  Corssen  (La#. 
8pr.  ii.  212)  proposes  a  conneiion  with  aeges  by 
the  root  sag  (irtverfiUwos),  but,  as  it  cerUunl j 
was  not  used  for  food,  this  is  not  satisfactory. 
Looking  to  its  use  for  divination  and  magic, 
which  we  may  judge  from  its  being  common  to 
so  many  nations  to  have  been  its  oldest  use,  we 
might  suggest  rather  a  connexion  with  saga  and 
aagire.  [W.  S.]    [G.  E.  M.] 

8AGUM,  a  thick  woollen  cloak  or  plaid 
fastened  round  the  neck  with  a  brooch,  was  the 
distinctive  garb  of  the  Roman  citixen  in  time  of 
war.  It  was  worn  not  only  on  the  field,  but  waa 
put  on  by  the  whole  male  population  of  the  city  on 
the  occasion  of  a  tumnUtus  or  other  sudden  alarm, 
the  consuls  alone  retaining  the  toga  (Cic.  Pk!L 
V.  12,  31 ;  viii.  11,  32 ;  xiv.  1, 1).  Hence  it  is 
contrasted  with  the  toga,  the  dress  of  peace,  in 
such  phrases  as  saga  swnere,  in  sagis  esse^  and 
ad  saga  ire.  As  one  would  expect  in  the  case 
of  militia  providing  their  own  equipment,  the 
sagum  was  in  no  sense  a  uniform,  and  was  worn 
by  country-folk  (Plin.  H.  N,  viii.  §  54)  and  slaves 
(Dig.  34,  2,  23,  §  2),  and  was  chosen  by  soldiers 
as  allowing  the  arms  full  play.  It  is  shown  on 
countless  monuments,  the  most  important  being- 
Trajan's  Column  and  the  many  grave-reliefs 
found  on  the  banks  of  the  Rhine.  These  show 
that  it  was  put  on  and  fastened  in  the  same 
manner  as  the  paludamentum^  which  was  in  fact 
the  special  sagum  which  the  Imperator  wore. 
The  word  sagum  has,  besides  this,  a  wider  and 
more  general  meaning,  and  is  applied  to  the 
varieties  of  cloak  known  as  birruSf  laenOf  lacema 
(cf.  Martial,  vui.  58 ;  Juv.  ix.  28%  and  cAolla 
(cf.  note  in  Mai^uardt,  PrivatL  p.  567).  Besides 
this,  the  national  dress  of  the  Germans  (Tac 
Germ.  17X  Gauls  (Caes.  B.  0.  v.  42^  Lignriaos 
(Strabo,  iv.  p.  202),  and  Spaniards  (Val.  Max. 
iii.  2,  21 ;  Liv.  xxix.  3,  5%  which  still  survives 
in  the  plaid  of  the  Scotch  Highlander  and  the 
cloak  of  the  Spaniard,  not  only  went  by  the 
same  name,  but  was  believed  by  the  Romans  to 
be  the  original  form  of  the  garment,  even  the 
name  being  borrowed  from  the  Celtic.  However 
this  may  ^,  cloaks  fastened  at  the  neck  with  a 
pin  are  known  all  the  world  over;  the  Greek 
X^a/u^  being,  for  instance,  as  much  akin  to  the 
sagum  as  the  German  varieties.  In  fact,  in 
later  Latin  cMamys  in  ordinary  use  supplanted 
the  old  word.  There  was  naturally  much 
variety  in  shape,  cut,  and  material  in  saga ;  and 


SALAMINIA 


8ALU 


589 


we  know  that  while  the  Gauls  preferred  cloth 
of  a  check  pattern  {^virgatis  nguHs,"  Verg. 
Aen,  riii.  660 :  cf.  Tec.  Jlist  ii.  20,  v.  23),  the 
SpanUrde  were  fond  of  hliick  (Stnho,  iii.  p.  155). 
Ia  the  late  Empire  the  excellence  of  the  Gallic 
and  Spanish  cloth  made  it  popular  at  Home,  and 
we  hear  of  saga  Atr§baiica  and  Nertica  even  in 
the  fourth  and  fifth  oenturiee  A..D.  It  would 
farther  seem  that  sometimes  the  sagnm  was 
worn  with  a  hood,  and  also  that,  as  in  many 
Gallic  instances,  the  fibula  was  occasionally  dis- 
pensed with  (cf.  TrebelL  XXX,  Tyr,  10). 

The  sagum  being  made  for  the  roughest 
usage,  was  of  stout  stuflT,  and,  like  all  cloaks 
which  are  fastened  with  a  pin,  senred  many 
other  purposes,  the  most  interesting  being  per- 
haps that  of  the  '*  blanket "  in  which  a  person  was 
*'  toesed,"  this  pastime  being  known  as  tagatio. 
(Marquardt,  PrivaUeben,  pp.  561-6 ;  Becker-Goll, 
OalhUf  iii.  220 ;  Baumeister,  DenkmSUr^  s.  rr. 
Toga  and  Waffen.)  [W.  F.  C.  A.] 

SALAMrXIA.  [THE0BI8.] 
SALA'BIUM,  allowance  of  salt  for  soldiers 
and  officers;  then  allowance  for  salt;  and  so 
Ohough  not  earlier  than  the  Empire)  =  sti* 
pendium  or  military  pay  generally  (as  in  Plin. 
B.  N.  xxzL  §  89),  though  the  word  still  in- 
cluded rations.  (Salt  was  once  more  supplied 
in  kind  later :  see  HUt.  Atig.^  Claud,  14,  Pro6.  4.) 
Augustus  instituted  in  B.C.  27  a  further  sala- 
rium  for  goTemors  of  prorinces,  senatorial  or 
imperial.  The  outfit  and  trayelling  expenses  of 
goremors  (casarmm)  had  preTiouslv  been  voted 
tiiem  by  the  senate.  But  though  the  supply  of 
outfit  and  necessaries,  in  money  or  kind,  by  no 
means  came  to  an  end,  Augustus  also  paid  a 
fixed  money-allowance  or  ** salary"  to  provin- 
cial governors  (Dio  Cass.  liL  23,  liii.  15 ;  Suet. 
Ang,  36).  The  amounts  varied  with  their  rank 
(Dio  Cass.  liii.  15),  but  are  not  known  to  us.  Dio 
Cassius  (Ixxviii.  22)  says  that  in  the  time  of 
Hacrinns  a  million  sesterces  were  paid ;  but  the 
provincial  governor  here  mentioned  was  never 
allowed  to  visit  his  province ;  and  the  million 
sesterces  may  therefore,  it  has  been  thought, 
have  included  compensation  for  the  honours  and 
advantages  lost,  and  consequently  may  be  much 
more  than  the  regular  amount.  Salaria  were 
also  given  by  various  emperors  to  other  persons : 
the  comites  of  the  emperor  (Suet.  2T6.  46); 
legal  assessors  (^Hist.  Aug,,  Alex,  8e^,  46); 
poor  senators  (Suet.  Nwro^  10);  rhetoricians 
and  philosophers  in  all  the  province  (^Hist, 
Aug,y  Ant,  Pius,  11 ;  cf.  Suet.  Vesp,  %&) ;  gram- 
marians, doctors,  haruspices,  engineers,  archi- 
tects {Hist,  Aug,,  Alex,  8ev,  44).  The  various 
euratores  and  procuratores  were  divided  accord- 
ing to  amount  of  salary  into  texagenarii 
(60,000  sesterces),,  oentenarii  (100,000),  duoe^ 
narii,  and  treoenarii.  Respecting  the  pay  which 
certain  classes  of  priests  received,  see  Sacerdos 
and  YBcmoALiA  Templorux.  [P.  T.  R.] 

8ALIENTE6.  [Fonb.] 
8ALn.  These  were  an;  ancient  guild  of 
priests,  traditionally  first  ijiatituted  by  Numa 
for  the  service  qi  Mars  and  .the  guardianship  of 
the  sacred  shields  <U v.  i.  20;  Cic.  de  Itep,  ii. 
14,  26;  Dionys.  iL  70;  nut.  Num,  13;  Ov. 
FoMt,  iii.  378;  Fest.  p.  13|1);  other  traditions 
represented  them  as  derive  ^  from  Greece  (Fest. 
p.  320;  Plut  /.  c, ;  Serv.  ad  Aen,  ii.  325,  viii. 
J285);  bat  we  should  rather  regard  these  rites 

I 


as  a  primitive  Italian  religion,  rery  possibly  a 
relic  of  superstitions  inherited  alike  by  the 
Greek  and  Italian  stocks,  but  not  borrowed 
from  Greece  after  the  Greeks  and  Italians  were 
separate  nations.  It  is  at  least  probable  that 
the  Salli  date  from  an  earlier  and  ruder  state 
than  the  age  of  Numa.  They  were  at  any  rate 
widely  spread  through  Italy,  for  we  find  them 
at  Alba,  Lanuvium,  Tibur,  Tusculum,  Anagnia, 
Verona  (Macrob.  iii.  12,  7  ;  Serv.  /.  c;  C.  I,  L,  i. 
150,  V.  4492,  vi  270,  x.  5925 ;  see  also  other 
inscriptions  cited  by  Marquardt,  SlaalUneryD,  iii. 
428) ;  nor  was  the  name  restricted  to  the  priests 
of  a  sinele  deity :  at  Tibur  they  belonged  to 
the  woruiip  of  |Iercules  Victor.  In  Rome  (tie. 
in  the  Palatine  city)  there  were  originally 
twelve,  formina  a  collegium  .with  officials,  a 
magister,  praesul,  and  vates :  they  assembled  at 
the  Curia  Saliorum  on  the  Palatine,  and  were 
called  jSh/n  Palatini  to  distinguish  them  from 
the  other  similar  guild  of  twelve  Salii  Collini 
(called  also  Agonaies  or  Agcnenses),  who  were 
supposed  to  have  been  instituted  by  Hostilius, 
and  had  their  sacrarium  in  the  Quirinal  (Liv.  i. 
27 ;  Dionys.  ii.  70,  iii.  32 ;  Serv.  /.  c).  We  can 
scarcely  doubt  that  these  two  guilds  existed  in 
their  separate  localities  when  the  Palatine  and 
Quirinal  were  distinct  communities,  and  the 
doubling  of  the  Salii,  like  the  doubling  of  the 
Luperci,  tells  of  the  amalgamation  of  the  Qui- 
rinal with  the  Palatine  city  (compare  Momm- 
sen.  Bom,  Sist,  i.  56 ;  StaatsrecM,  iiL  111  : 
Luperci). 

^  The  Salii  were  patricians  (Cic.  de  Dom.  14, 
38 ;  Lucan,  ix.  477 ;  cf.  Lucian,  de  Salt.  20), 
chosen  (by  co-optatjon  of  the  college)  from 
patritni  et  mairimi  in  early  youth,  but,  as  they 
held  the  appointment  for  life,  the  colleges  con- 
tained eeniores  and  iyniores  (*<hic  juvenum 
chorus,  ille  senum,"  Verg.  Aen,  viii.  285) :  if 
however  one  of  them  became  a  flamen,  auffur, 
pontifex  or  consul,  he  passed  out  of  the  college 
of  Salii  by  exauguratio  {C,  I,  L,  vi.  1978);  but 
the  assumption  of  the  praetorship  and  consul- 
ship did  not  necesearUy  vacate  the  Salian  priest- 
hood, as  may  be  seen  from  the  case  of  Scipio 
(Liv.  xxxvii.  33)  and  others  (Val.  Max.  i.  1,  9 ; 
Macrob.  iii.  14).  The  distinguishing  dress  of 
the  Salii  was  an  embroidered  tunic,  a  brazen 
breast-plate,  the  trabea  and  the  priestly  cap 
[Apex^  a  sword  girt  at  the  side,  on  the  left 
arm  the  ancile  or  sacred  shield,  and  in  the  right 
hand  a  short  staff  with  which  the  shield  from 
time  to  time  was  struck.  It  is  significant  of 
their  function  that  in  dress  they  were  half- 
priests,  half-warriors.  The  two  collegia  were 
distinct  not  only  in  name:  the  Palatini  had 
their  sanctuary  on  the  Palatine  hill  and  were 
consecrated  to  Mars;  the  Collini  had  their 
sanctuary  on  the  Quirinal  and  were  consecrated 
to  Quirinus  (Liv.  v.  52;  Stat.  Silv.  vi.  29), 
both  deities  alike  presiding  over  Roman  war- 
fare. Each  collegium  had  charge  of  twelve 
ancilia.  That  both  guilds  had  shields  is  not 
only  the  natural  view,  but  is  also  distinctly 
stated  by  Livv  (v.  52)  in  the  words  <<quid 
loquar  de  ancilibus  vestria,  Mars  Gradive  tuque 
Quirine  pater." 

The  great  festival  season  of  the  Salii  began 
with  March,  as  the  beginning  alike  of  the  cam- 
paigning and  the  agricultural  season,  and  occu- 
pied the  greater  part  of  the  month  (Dionys.  iL 


590 


SALn 


8ALn 


20 ;  Polyb.  xzi,  10, 12 ;  cf.  Hnschke,  Das  alte 
rSm.  Jahr,  p.  362).  On  the  1st  of  March 
they  were  said  arma  movere  (rh  tw\a  iciycti^, 
Lyd.  de  Mens,  iii.  15),  of  which  we  most  con- 
ceive the  meaning  to  be  that  they  brought 
forth  the  shields  from  their  sacraria:  then, 
equipped  as  abore  described,  they  went  throngh 
the  dty  in  a  procession  which  was  continued 
for  several  dayu.  They  were  preceded  by 
trumpeters,  and  they  themselves  as  they  walked 
beat  the  shields  with  their  staves,  the  praesvi 
leading  their  dance  in  tliree-time  (tripvdiwn) 
and  being  said  canptruare^  while  his  followers 
redamptruabantf  and  the  vates  leading  the 
Salian  chant  (see  below).  There  were  various 
stations  (matutones)  for  the  annual  prooesssion, 
at  each  of  which  successively  the  ancilia  were 
deposited  for  one  night  (C  /.  L,  vi.  2158),  and 
there  the  Salii  feasted  (Fest.  p.  329) ;  [for  these 
banquets  and  their  luxury  see  Hor.  Od.  i.  37,  2 ; 
Cic  ad  Att  z.  9;  Suet.  Ckntd.  33:]  on  the 
next  day  the  procession  passed  to  another 
mansio.  It  seems  to  us  possible  that  in  this  is 
to  be  fbund  the  explanation  of  the  f^ct  that 
^  arma  moventur "  is  stated  of  three  days, — 
March  Ist  (Lyd.  iii.  15),  March  9th  (Cal. 
PhilocX  and  March  23rd  (Lyd.  iv.  42):  we 
may  suppose  that  the  ceremonies  which  marked 
the  shields  being  brought  forth  from  the  Curia 
Saliorum  on  March  1st,  were  repeated  on  the 
other  two  days  when  they  were  moved  from 
two  special  mansiones,  one  probably  being  the 
sacrarium  of  the  Begia.  The  exact  progress  of 
the  procession  cannot  be  traced  out :  we  know 
that  they  offered  sacrifice  in  the  Regia  (Fest. 
/.  c),  where  the  Pontifex  Maximus  also  and  the 
Saliae  virgmes  officiated  (the  latter,  so  far  as  we 
know,  on  that  day  only);  they  visited  the 
Comitium  (Varro,  X.  L,  v.  85),  the  Capitol 
(Dionys.  ii.  70),  the  Pons  Sublicius  (Serv.  ad 
Aen,  ii.  165,  which  explains  the  allusion  in 
Catull.  17,  5),  in  each  place  with  the  charac- 
teristic dance  and  chant ;  probably  in  each  there 
was  a  mansio.  [For  the  special  March  festivals, 
in  which  the  Salii  officiated,  see  Eqxtibbia.; 
Agomia;  Quinquatbub.]  It  is  not  certain 
whether  we  are  to  understand  from  the  *'  30 
days  "  mentioned  by  Polybius  (xxi.  10)  that  not 
only  the  whole  month  of  March  was  religiosus 
on  this  account  for  the  Salii,  but  a  whole  month 
in  autumn  also.  The  24th  is  the  last  day  in 
March  on  which  their  functions  are  distinctly 
mentioned ;  and  either  immediately  after  this 
day,  or  at  the  end  of  the  month,  the  shields 
were  replaced  (conditd)  in  their  sacrarium.  As 
March  opened  the  campaigning  season,  so 
October  closed  it  (theoretically,  not  in  practice), 
and  this  was  marked  on  the  19th  by  an  anni- 
lustriam,  when  the  Salii  again  brought  out  the 
ancilia  (Varr.  vi.  22),  and  then  stored  them  in 
their  sacrarium  till  the  next  season.  It  is  clear 
from  a  comparison  of  Tac  Hist,  i.  89,  Suet.  0th, 
8,  Liv.  zxxvii.  33,  and  Polyb.  xxi.  10,  that  the 
words  arma  nwtentur  and  arma  condita  apply 
equally  to  the  spring  and  the  autumn  cere- 
monies :  the  first  two  passages  refer  to  an  expe- 
dition in  March,  the  lai^t  two  to  the  autumn ; 
in  each  period  for  all  the  days  (whatever  their 
true  number  may  have  been)  between  the  arma 
mota  and  the  arma  condita^  no  member  of  a 
Salian  college  could  rightly  travel  from  the 
place  where  he  was  for  any  expedition.    Thus 


we  find  Scipio  stopped  in  the  autumn,  and  Otho 
regarded  as  unconventional  because  he  refosed 
to  be  stopped  in  the  spring,  ''motis  necdum 
conditis  ancilibus."  We  have  no  precise  infor- 
mation as  to  the  parts  taken  in  these  ceremonies 
by  the  two  colleges  respectively :  we  should 
probably  be  right  in  assuming  that  the  24  Salii 
of  both  colleges  together  joined  in  the  processions 
above  mentioned,  which  signified  the  beginning 
and  ending  of  the  war  seasori,  with  which  both 
were  equally  concerned ;  on  the  other  hand,  we 
fan  have  no  doubt  that  on  certain  days  specially 
belonging  to  one  of  the  two  deities  or  one  of  the 
two  localities  the  chief,  if  not  the  sole,  part 
fell  to  one  of  the  colleges.  In  the  Equlrria,  for 
instance,  we  must  suppose  the  Salii  Palatini  to 
have  taken  the  lead  or  officiated  alone  as  the 
special  priests  of  Mars,  and  so  also  in  the  tubi- 
lustrium,  which  was  on  the  Palatine ;  but  the 
Agonia  on  March  17  would  naturally  belong  to 
the  Salii  Collini,  who  thence  derived  one  of  their 
names. 

Carmen    SaUare. — This  chant,  led   by   the 
vates  of  each  Salian  college,  belonged  to  a  very 
ancient  ritual,  and  was  m  Qnxntilian's  time 
scarcely  intelligible  (Quintil.  L  6,  40 :  cf.  Hor. 
Ep.  ii.  1,  86;  Varro,  X.  X.  viL  3  ;  Gc  de  Orat, 
ilL  51,  197);  the  surviving  portions  may  be 
seen  in  Wordsworth,  Fragmetds  of  JBariy  Latm^ 
564-566.     The  verses   were  called  axamenta, 
which  is  itself  a  word  of  disputed  origin,  pro- 
bably not^  as  some  have  said,  akin  to  oxw,  like 
the  Greek  K^i^f  y,  inscribed  tablets,  but  rather, 
as  Curtius,  Corssen,  and  Vani^ek  agree,  it  came 
from  the  root  ag,  to  which  belong  both  ^yX 
and  ato,  and  therefore  signified  tstUranoes.    In 
their  chant  the  Salii  sang  not  only  of  Mars,  to 
whom  they  seem  to  appeal  as  the  averter  of 
evil  influences  (perhaps  in  agriculture  as  well 
as  in  war),  and  Mamurius,  who  is  doubtless  the 
same  as  Mars,  but  also  of  Janus  (Janus  Quirinns), 
Jupiter  (Lucetius),  Juno  and  Minerva  (Macrob. 
i.  9,  14,    and  15,  14;  Varro,  L,  X.  vii  26; 
Fest.  pp.  3  and  122) ;  and  afterwards,  as  though 
it  weri  a  sort  of  "  state  prayer,"  they  included 
the  names  of  the  reigning  emperor  and  imperial 
princes  (Man,  Aneyr.  ii.  21 ;  Tac.  Ann,  ii.  83, 
iv.  9  i  Capitol,  if.  Anton,  Phil,  21).    [For  the 
efiectV  political  changes  and  developments  io 
the  pritothoods,  see  SAOEBDoe.1 

^nci/i^.— -These  sacred  shield  were,  according 
to  the  le^nds,  at  first  twelve,  viz.  the  shield 
which  fell  from  heaven  and  the  eleven  copies. 
It  is  clear  that  these  twelve  were  in  the  charge 
of  the  SalU   Palatini,  and,  though  some  (as 
Ambrosch  and  Preller)  have  said  that  they  were 
kept  in  the  siicrarium  of  the  Regia,  we  shonld 
rather  follow  Marquardt  and  Jordan  (Top-u. 
271)  in  holding  that  they  were  kept  in  the 
Curia  Saliorum  on  the  Palatine.     It  was  into 
this  sacraritan  Mortis  that  the  praetor  or  confo/ 
setting  out  for  war  entered,  when,  touching  the 
shields,  be  said,  «  Mars  vigiU."  With  this  corre- 
sponds the  custody  dif  the  other  twelve  shields  by 
the  Salii  Collini  in  the  sacrarium  on  the  Quirioal 
(Dionys.  ii.  70).    the  anoae  (for  ancid3e,am' 
oaedo,  i.e.  cut  on  $oth  sides)  was  an  oblong 
shield,  which  would  have  been  a  complete  oral 
but  for  a  curved  indenta^on  on  eadi  sid*  ('«^M* 
ypd/ififis  JXiJcociSoOr,  Plilt.  Nttm,  13 ;  cf.  vam), 
X.  X.  vii.  43,  «  ab  utraque  parte,  ut  Thracnm, 
indsa."    See  P£LTa).     It  is  probable  that  tiiK 


SALU 

» 

pattern  of  shield  was  handed  down  from  a  time 
-when  the  shields  were  slung  at  the  back,  as  is 
seen  in  yase-paintings  as  late  as  500  B.C.  The 
indentations  then  in  these  '* figure  of  eight" 
ahielda  were  to  allow  for  the  fne  movement  of 
the    anns,  when   drawn    back,    especially  in 

riding.  It  is,  we  think,  pro- 
bable  that  ancile  was  origi- 
nally an  adjective,  and  that 
the  fall  name  was  arma 
ancUiOj  as  in  the  calendar 
for  March  9.  The  shape  is 
clearly  shown  in  the  coin  of 
the  Licinii  representing  two 
ancilia  and  the  priestly 
cap  with  the  apex. 

A  representation  is  often  relied  npon  from  a 
gem   in  the  museum  of  Florence,  which  shows 
two    figures    bearing    ancilia  (of   the   correct 
shape)  hung  on  a  s^ff.    This  hat  an  Etruscan 
inscription,  and  may  safely  be  pronounced  not 
Roman;  eren  its  antiquity  is  now  questioned 
(see  If arquardt,  p.  481 ;  &iumeister,  Denk.  p 
1546),  but  it  is  likely  that  it  is  a  correct  repre- 
sentation of  what  did  happen — not  of  the  Salii 
in   proceHion,  for  they  carried  each  his  own 
shield,  in  warrior-fashion,  on  the  left  arm,  but 
of  two  attendants  (Dionys.  ii.  70)  bearing  on  a 
pole  the  shields  (which  probably  they  were  not 
allowed  to  touch),  to  deposit  them  either  in 
their  permanent  sacrarium,  or  in  one  of  the 
tnantUmea  for  the  night.     A  coin  has  been  found 
which   represents   a  round  shield.     This  may 
possibly  be,  as  Marquardt  suggests,  the  special 
form  of  the  shields  borne  by  the  Colline  Salii : 
his  other  suggestion,  that  it  was  a  later  form 
adopted  for  all  ancilia,  seems  to  be  negatived  by 
the  fact  that  the  coin  is  Domitian's,  and  therefore 
was  struck  at  the  time  when  Plutarch  was 
writing  of  the  shape  as  quoted  above.    The 
relief  at  Anagnia  which  shows  perfectly  oval 
ancilia  may  represent,  as  Benndorff  says  {Annal. 
d,  Intt,  1869),  a  local  variation  in  shape,  difier- 
ing  from   that  of  Rome.     The  common-sense 
view  seems  to  us  to  be  that  the  type  of  shield 
familiar  in  the  time  and  place  where  each  guild 
took  its  origin,  was  perpetuated  and  handed 
down  in  that  guild.    In  this  relief  the  staves 
are  about  as  high  as  a  man's  shoulder,  and  have 
a  knob  at  each  end.     We  cannot  agree  with 
Marquardt  that  Ovid's  words  (Fagt,  iii.  377) 
necessarily  imply  a  round  shield:   they  only 
exclude  an  angular  one ;  and  it  is  clearly  impos- 
sible that  Ovid  should  not  know  the  shape  of 
the  shield  carried  in  his  own  time  by  the  Salii. 

It  is  beyond  the  scope  of  this  work  to  discuss  at 
length  the  mythological  meaning  of  these  rites, 
but  it  will  be  useful  to  notice  briefly  one  or  two 
considerations  which  affect  the  date  and  order 
of  the  ceremonies  described  above,  and  also  to 
indicate  the  authorities  for  several  interesting 
and  some  verv  probable  theories  about  their 
origin  which  have  been  recently  put  forward. 
There  can  be  no  doubt  that  the  reason  why  the 
month  of  March  was  the  great  ceremonial  period 
for  the  Salii  was  that  it  was  regarded  as  the 
birth  month  of  Mars  and  the  time  for  resuming 
warfare;  but  we  may  notice  as  perhaps  more 
than  probable  the  view  that  this  Mars  was  in 
primitive  Italian  religion  regarded  not  only  as 
the  giver  of  victory  in  war,  but  also  as  the 
deity  who  drove  away  the  darkness  of  winter 


SALn 


591 


and  death,  and  who,  by  his  reappearance  with 
spring,  introduced  not  only  the  campaigning, 
but  also  the  agricultural  season.  Roscher,  in 
dwelling  on  the  connexion  of  Apollo  and  Mars, 
further  maintains  with  considerable  force  that  a 
parallel  is  to  be  found  between  the  singing  and 
dancing  of  the  Salii  and  the  songs  aind  dances  in 
the  worship  of  Apollo,  whose  birth-time  aUo  is 
in  spring:  he  comptres  the  ceremonies  of  the 
THEOPHAiaA  at  Delphi,  the  Curetes  at  Ortygia, 
and  their  dashing  of  arms  to  avert  a  hostile 
power  (cf.  Strab.  xiv.  p.  640),  and  deduces,  not 
of  course  that  the  Italian  rites  were  borrowed 
from  the  Greek,  but  that  the  idea  originally 
underlying  both  was  the  same — a  new  birth  of 
the  year  or  of  light,  the  averting  of  evil  influ- 
ence, and  protection  in  the  future.  Closely 
connected  with  this  is  the  &ct  that  the  Flami- 
nica  Dialia  showed  at  this  period  signs  of  mourn- 
ing in  her  attire,  just  as  she  did  at  the  cere- 
monies of  the  Argei  [Flah EH,  Vol.  L  p  866  a], 
and  also  that  it  was  pronounced  an  unlucky 
time  for  marriages ;  for  it  is  more  probable  that 
this  was  originuly  because  it  was  a  period  of 
striving  against  evil  powers,  than,  as  Ovid'sug- 
gests  {Fast,  iu.  S73),  from  associations  with 
war. 

We  cannot,  indeed,  accept  the  view  of  Usener 
that  the  twelve  ancilia  symbolised  twelve  new- 
bom  suns,  nor  the  less  puzzling^theory  that 
they  represented  twelve  moons.  These  theories 
arise  from  an  idea,  which  we  conceive  to  be 
erroneous,  that  the  Salian  priests  were  created 
for  the  shields,  and  were  twelve  because  that 
was  the  number  of  the  shields.  It  is  more 
likely  that  there  were  twelve  shields  for  each 
guild  because  each  guild  had  twelve  priests.  In 
the  Palatine  city  there  were  accordingly  only 
twelve,  but  in  historic  Rome  altogether  twenty- 
four.  As  to  the  number  twelve,  whether  of 
Etruscan  origin  or  derived  merely  from  three 
tribes  and  lour  regions,  we  need  not  here 
inquire. 

While,  however,  we  venture  to  dissent  from 
these  interpretations  of  the  ancilia,  we  think 
that  weight  should  be  given  to  the  interesting 
suggestion  of  Usener  that  ^  Mamurius  Veturius 
in  the  Equirria  or  Mamuralia  [see  EQtnSBiA], 
(when,  according  to  Lydus,  iv.  36,  a  man 
clothed  in  skins  was  driven  out  of  the  city  with 
^  peeled  rods,)  was  ^  old  Mars,"  and  that  the  rite 
symbolised  the  old  season  driven  out  by  the 
new.  It  might  rather,  perhaps,  be  said  that 
the  man  driven  out  represented  in  scapegoat 
fashion  the  darkness  of  winter  and  death,  who 
were  expelled,  not  Mamurius  himself,  and  that 
the  Salian  cry  to  Mamurius  is  merely  for  his 
aid  in  the  expulsion ;  but  in  any  case  there 
seems  good  reason  for  comparing  these  rites 
with  others  which  have  the  above  symbolical 
meaning.  (See  Grimm,  Mythol.  vol.  ii.  p.  764, 
E.  T.  For  the  references  on  the  mythology  in 
the  latter  part  of  this  article,  the  present  writer 
is  indebted  to  unpublished  notes  of  Mr.  Warde 
Fowler:  a  full  discussion  will  be  found  in 
Roscher,  Mars  und  Apollon,  pp.  25  ffl,  and  Usener, 
in  Bhein,  Mvs.  xxx.  pp.  215  ff.  For  the  history 
of  the  Salii  and  their  functions,  see  Marquardt, 
Staatsverv,  iiL  427-438 ;  Preller,  BSnu  Myth,  i. 
350 ;  Jordan,  Topog.  ii.  271 ;  and  for  the  ancilia, 
besides  the  above,  Baumeister,  Denkm,  p.  1546 ; 
Benndorff; /.  c.)  [W.  S.]    [0.  E.  M.] 


592 


BALINAE 


SALINAE,  sc.  fodinae  (oXof,  &Aoir^iorX  « 
salt-work.  The  ancients  had  many  ways  of  pro- 
curing salt,  of  which  Pliny,  H,  N.  xzxL  §§  73^ 
92,  gives  a  summary.  They  were  acquainted 
with  rock-salt  (Herod,  if.  181-185  ;  fiXci  hpvieroij 
Arrian,  Exped.  Alex,  3,  4;  so/  nativut).  They 
obtained  salt  also  from  inland  lakes  (Herod,  yii. 
SOX  fi^™  natural  springs  or  brine-pits  (Cic.  N, 
D.  ii.  53, 132),  and  from  coasts  where  the  sun 
dried  it  out  of  the  sea-water  (as  the  &\fff  ahri- 
fuerot  at  the  month  of  the  Borysthenes :  Herod,  iv. 
53  and  Dio  Chrys.  Or,  36;  Pliny,  /.  c).  But 
they  obtained  their  largest  supplies  from  works 
constructed  on  the  seashore  where  it  was 
adapted  for  the  purpose  by  being  low  and  easily 
overflowed  by  the  sea.  In  order  to  aid  the 
natural  evaporation,  shallow  rectangular  ponds 
(the  multifidi  hcM  of  Rutil.  Itin.  i.  478)  were 
dug,  divided  from  one  another  by  earthen  walls, 
and  probably  like  the  old  salt-pans  still  visible 
on  many  points  of  the  English  coast.  The  sea- 
water  was  admitted  by  channels  which  could  be 
closed  by  sluices  (Catabacta.;  Rutil.  L  481). 
As  the  water  flowed  from  one  evaporating-pond 
to  another,  it  became  more  stroi^gly  impregnated 
with  salt  (Rutil.  i.  475-490).  When  the  brine 
began  at  last  to  crystallise,  the  ii(iaker  (so/ina- 
tatf  kA^owjiyhs)  raked  out  the  salt  i^d  left  it  to 
drain  (Nicander,  Alex.  519).  Works  of  this 
kind  gave  the  name  of  'AXol  or  Saiina^  to  several 
places  in  Attica  (Steph.  Byz. ;  see  Boeckh, 
Staatshaushaltung  der  Atkener^  i.  126,  ed.  3X 
Britain  (Ptol.X  and  elsewhere.  Cato,  i^  M,  88, 
gives  directions  for  further  purifying  common 
salt. 

Brine  made  as  above  (poacio  AtcmofV,  Plin.  H, 
N,  zzxi.  §  73)  was  called  by  the  Greeks  i\fAfi,  by 
the  Latins  talaugo  or  taiailago,  and  by  the 
Spaniards  murta  (Plin.  zxxi.  §  83).  It  was 
used  by  the  Egyptians  to  pickle  fish  (Herod,  ii 
77),  and  by  the  Romans  to  preserve  olives,  cheese, 
and  meat  (Cato,  /.  c).  From  murui,  which  may 
be  connected  with  &X/ivp(i,  **  brine,"  victuals 
cured  m  it  were  called  iaUa  miwiatica  (Plant. 
PoCTi.  i.  2, 31). 

Under  Roman  government  salt-works  were 
common  public  property,  and  were  let  to  the 
highest  bidder.  Ancus  Martins  is  said  to  have 
established  the  first  salt-work  at  Ostia  (lav.  i. 
33 ;  Plin.  xxzi.  §  89>  In  Liv.  ii.  9  (b.c.  508) 
we  find  the  government  interfering  with  the 
price,  and  the  sale  of  salt  becoming  a  state- 
monopoly.  In  B.a  204  (Liv.  xxix.  37)  a  new 
vectigal  was  rabed  out  of  salt.  livy  apparently 
means  that  a  tax  was  put  on,  in  addition  to  the 
revenue  derived  from  the  manufacture,  but  he 
is  far  from  being  clear.  The  price  of  salt  was 
at  the  same  time  limited.  The  modiua  (abont  a 
peck)  was  to  be  sold  for  a  textasM  at  Rome ;  but 
dearer  in  other  parts  of  Italy,  no  doubt  to  cover 
the  oMt  and  risks  of  transport.  In  the  provinces 
salt-works  were  sometimes  left  to  their  former 
owners  (persons  or  townsX  who  had  merely  to 
pay  Rome  a  fixed  rent ;  but  the  commonest  plan 
was  to  lease  them  to  publioani.  The  Roman 
government  seems  to  have  been  anxious  to  keep 
the  price  of  salt  down;  but  still  its  monopoly 
was  maintained  under  the  Empire  (Cod.  Just.  iv. 
61,  11).  [F.  T.  R.] 

SALI'NnM,(ft'iii.  SALILLUlI,a  salt-oellar. 
Among  the  poor  a  shell  served  for  a  salt-cellar 
(Hor.  Sat  L  3,  14;  SchoL  ad  loc.)\  but  aU  who 


8ALTATIO 

were  raised  above  poverty  had  one  of  silver 
which  descended  from  father  to  son  (Hor.  Cam. 
ii.  16,  13 ;  liv.  xxvi.  36),  and  was  accompanied 
by  a  silver  patellaf  which  was  used  together 
with  the  salt-cellar  in  the  domestic  sacrifices 
(Pers.  iii.  24,  25).  These  two  articles  of  silver 
were  alone  compatible  with  the  simplicity  of 
Roman  manners  in  the  early  times  of  the 
Republic  (Plin.  H,  N.  xxxiU.  $  153;  Val. 
Max.  iv.  4,  §  3).  The  salt-cellar  was  no  doubt 
placed  in  the  middle  of  the  table,  to  which 
it  communicated  a  sacred  character,  from 
the  ofTering  of  the  mola  taisa  to  the  Lares. 
[Compare  Larariux;  Patella;  Becker-GdII, 
Oalhu,  iii.  398.]  In  shape  the  salinnm  was 
probably  in  most  cases  n  round  shallow  bowl. 
Probably  some  of  the  small  silver  bowls  from 
Montcomet  (Aisne),  in  the  British  Museum 
(referred  to  nnder  PipebatoriumX  are  salt- 
cellars. [J.  T.]    [G.  E.  M.] 

8ALTATI0  (<f^X^<rif X  dancing.  The  danc- 
ing of  the  Greeks  as  well  as  of  the  Romans  had 
very  little  in  common  with  the  exercise  which 
goes  by  that  name  in  modem  times.  It  may  be 
divided  into  two  kinds,  gymnastic  and  mimetic ; 
that  is,  it  was  intended  either  to  represent  bodily 
activity,  or  to  express  by  gestures,  movements, 
and  attitudes  certain  ideas  or  feelings,  and  also 
single  events  or  a  series  of  events,  as  in  the 
modem  ballet.  All  these  movements,  however, 
were  accompanied  by  music;  but  the  terms 
JlpX^<r»  and  aaltatio  were  used  in  so  much  wider 
a  sense  than  onr  word  ^^  dancing,"  that  they  were 
applied  to  designate  gestures  even  when  the 
body  did  not  move  at  all  (Plat.  X«^.  viL  pp.  814, 
816 ;  Ovid,  Ars.  Am.  i.  595,  ii.  305 ;  taitare 
9oli8  oculiSf  Apul.  Met  x.  p.  251 ;  cf.  Grote, 
Hist  of  Qreeoi^  vol.  iv.  p.  114X 

We  find  dancing  prevalent  among  the  Greeks 
from  the  earliest  times.  It  is  frequently  men- 
tioned in  the  Homeric  poems  (77.  ix.  186;  xiiL 
637):  the  suitors  of  Penelope  delight  themselves 
with  music  and  dancing  (fid.  i.  152,  421 ;  xviii. 
304);  Ulysses  is  entertained  at  the  court  of 
Alcinous  with  the  exhibitions  of  very  skilful 
dancers,  the  rapid  movements  of  whose  feet 
excite  his  admiration  (fid.  viiL  265);  and  from 
Od.  xxiii.  134  we  may  gather  that  the  dancing 
of  the  guests  was  then  an  ordinary  part  of  s 
wedding  festival. 

But  a  broad  distinction  must  be  made  between 
the  custom  of  the  heroic  age  in  this  particular  and 
of  later  times,  especially  as  regards  Attica.  In 
Sparta,  and  probably  in  Doric  states  genemllyt 
the  dance  was  regularly  taught  both  as  a  gym- 
nastic training  and  with  a  view  to  religions 
festivals,  and  boys  and  girls  danced  together  (see 
below,  8p^t) ;  but  even  in  Doric  states  we  do 
not  gather  that  it  was,  as  in  the  Homeric  poems, 
an  ordinary  amusement  in  domestic  lifei  or  that 
it  took  the  place  which  dancing  now  does.  At 
Athens,  in  the  age  of  Pericles  and  aflerwardi,  we 
find  dances  useid  in  certain  religious  festivals 
and  in  the  drama  [Dionybia;  Choros];  bnttf 
regards  dancing  for  amusement  in  private  houses 
the  custom  differs  altogether  from  that  of  U>« 
older  and  simpler  times  described  in  the  Homenc 
poems.  The  dancers  are  hired  to  amnse  tf  a 
spectacle,  and  when  the  guests  dance  themselvw 
it  is  a  sign  that  they  are  excited  by  ^^^ 
Alex.  op.  Athen.  iv.  p.  134  a;  Theophrast.  C^ff*. 
9;  Xen.  Bkr.  6,  2).    Social  dances  of  men  sad 


SALTATIO 

women  together  were  wholljr  precluded  by  the 
customs  regaUting  the  appearance  of  women  in 
society  [Matrimojiium,  p.  137];  and,  when 
Plato  advocates  the  dancing  of  young  men  and 
maidens  together  {Legg,  vi.  p.  771),  we  must 
notice  that  he  is  expressing  a  desire,  not  de- 
scribing what  existed.  It  seems,  however,  that 
women  in  private  houses  danced  together  at 
family  festivals  such  as  the  Amphidromia 
(Kabul,  ap,  Athen.  xf.  p.  668 ;  cf.  Aristoph. 
Jjys.  408).  Still,  there  was  even  in  this  re- 
stricted amount  of  dancing  a  difference  between 
Greek  and  Roman  habits,  which  is  noticed  by 
Cornelius  Nepos  {EfMm,  l\  and  moreoTer,  as 
time  went  on,  dancing  for  mere  amusement 
(thoagh  still  with  sepai-ation  of  the  sexes)  be- 
came commoner  again  in  Greece  than  it  had  been 
in  the  time  of  the  great  Greek  writers  (cf.  Athen. 
xir.  p.  628  c). 

The  lively  imagination  and  mimetic  powers  of 
the  Greeks  found  abundant  subjects  for  various 
kinds  of  dances,  and  accordingly  the  names  of 
no  less  than  200  different  dances  have  come 
down  to  OS.  (Meursitts,  Orchesir. ;  Athen.  xiv. 
pp.  627-630;  Pollux,  iv.  95-111;  Liban.  ^hp 
Twtf  opx.)  It  would  be  inconsistent  with  the 
nature  of  this  work  to  give  a  description  of  all 
that  are  known ;  only  the  most  important  can 
be  mentioned,  and  such  as  will  give  some  idea 
of  the  dancing  of  the  ancients. 

Dancing  was  originally  closely  connected  with 
religion :  Plato  {I^gg.  vii.  pp.  798, 799)  thought 
that  all  dancing  should  be  based  on  religion,  as 
it  was,  he  says,  among  the  Egyptians.  The 
dances  of  the  (jhorus  at  Sparta  and  in  other 
Doric  states  were  intimately  connected  with  the 
worship  of  Apollo,  as  has  been  shown  at  length 
elsewhere  [Chorus  ;  Htpobchema];  and  in  all 
the  public  festivals,  which  were  so  numerous 
among  the  Greeks,  dancing  formed  a  very 
prominent  part.  All  the  religious  dances,  with 
the  exception  of  the  Bacchic  and  the  Cory- 
bantian,  were  yetf  simple,  and  consisted  of 
gentle  movements  of  the  body  with  various 
tomings  and  windings  aroimd  the  altar :  such  a 
dance  was  the  ydpaifoSf  which  Theseus  is  said  to 
have  performed  at  Delos  on  his  return  from 
Crete  (Pint.  Thes,  21).  The  Dionvsiac  or 
Bacchic  and  the  Corybantian  were  of  a  very 
dxtfereut  nature.  In  the  former  the  life  and 
adventures  of  the  god  were  represented  by 
mimetic  dancing  [Diontsia];  the  dance  called 
BoKxucii  by  Lucian  (de  ScUL  79)  was  a  Satyric 
d.ince,  and  chiefly  prevailed  in  Ionia  and  Pontus. 
The  most  illustrious  men  in  the  state  dan^d  in 
i^  representing  Titans,  Corybantians,  Satyrs,  and 
husbandmen;  and  the  spectators  were  so  de- 
lighted with  the  exhibition,  that  they  remained 
sitting  the  whole  day  to  witness  it,  forgetful  of 
everything  else.  The  Corybantian  was  of  a  very 
wild  character:  it  was  chiefly  danced  in  Phrygia 
and  in  Crete ;  the  dancers  were  armed,  struck 


SALTATIO 


693 


Oorybiotes.  from  a  relie£.    (Krause.) 
VOL.  II. 


their  swords  against  their  shields,  and  displayed 
the  most  extravagant  fury ;  it  was  accompanied 
chiefly  by  the  flute.  (Lucian,  i&.  8;  Strab.  x. 
p.  473;  Plat.  Crit.  p.  54  D.)  The  preceding 
woodcut,  from  the  Museo  Pio  Clementino  (vol. 
iv.  pi.  2),  is  supposed  to  represent  a  Corybantian 
dance.  Respecting  the  dances  in  the  theatre, 
see  Chorus. 

Dancing  was  applied  to  gymnastic  pur)K)ses 
aud  to  training  for  war,  especially  in  the  Doric 
states,  and  was  believed  to  have  contributed 
very  much  to  the  success  of  the  Dorians  in  war, 
as  it  enabled  them  to  perform  their  evolutions 
simultaneously  and  in  order.  Hence  the  poet 
Socrates  (Athen.  xiv.  p.  628  f)  says : 

There  were  various  dances  in  early  times, 
which  served  as  a  preparation  for  war :  of  such 
dances  the  most  celebrated  was  the  Pyrrhic  (ij 
nv^lxn)j  of  which  wpvKts  was  said  to  be  the 
name  in  Crete.  For  a  full  account  of  the  Pyrrhic 
dance  in  Greece  and  at  Rome,  see  PrRRHiCA. 

Another  important  gymnastic  dance  was  per- 
formed at  the  festival  of  yvfiyoircuilM  at  Sparta, 
where  the  chief  object,  according  to  Miiller  {Dor, 
iv.  6,  §  8),  was  to  represent  gymnastic  exercises 
and  dancing  in  intimate  union.  Respecting  the 
dance  at  this  festival,  sec  Gvunopaedia. 

There  were  other  dances,  besides  the  Pyrrhic, 
in  which  the  performers  had  arms;  but  these 
seem  to  have  been  entirely  mimetic,  and  not  prac- 
tised with  any  view  to  training  for  war.  Such 
was  the  KapmaCa  peculiar  to  the  Aenianians  and 
Maguetes,  which  was  performed  by  two  armed 
men  in  the  following  manner :  one  lays  down  his 
arms,  sows  the  ground,  and  ploughs  with  a  yoke 
of  oxen,  frequently  looking  around  as  if  afraid; 
then  comes  a  robber,  upon  which  the  other 
snatches  up  his  arms  and  flghts  with  him  for 
the  oxen.  All  these  movements  are  rhythmical, 
accompanied  by  the  flute.  At  last  the  robber 
binds  the  man  and  drives  away  the  oxen,  but 
sometimes  the  husbandman  conquers.  (Xen. 
Anab.  ?i.  1,  §§  7,  8;  Athen.  i.  pp.  15  f,  16  a; 
Uaxim.  Tyr.  J)i98.  xxviii.  4.)  Similar  dances 
by  persons  with  arms  are  mentioned  by  Xenophon 
on  the  same  occasion.  These  dances  were  fre- 
quently performed  at  banquets  for  the  enter- 
tainment of  the  guests  (Athen.  iv.  p.  155  b). 
At  banquets  likewise  the  Kv0umiTrip§s  or  tum- 
blers were  frequently  introduced.  These 
tumblers,  in  the  course  of  their  dance,  flung 
themselves  on  their  heads  and  alighted  again  on 
their  feet  (fimrcp  ot  KvfiurrSrrts  md  cir  6p$hy 
rh  ffKdKii  w€pt^€p6fi€¥oi  Kvfiitrr&ai  ic^«\y,  Plato, 
Symp,  p.  190  A).  We  read  of  Kvfiiar7rnip€s  as 
early  as  the  time  of  Homer  (//.  xviii.  605 ;  Od, 
iv.  18).  They  were  also  accustomed  to  make 
their  somersault  over  knives  or  swords,  which 
was  called  Kvfiurray  cis  fiax^pc^s  (Plato,  Euthifd. 
p.  294  D ;  Xen.  Mem,  i.  3,  §  9,  Symp.  ii.  14 ; 
Athen.  iv.  p.  129  d;  Pollux,  iii.  134).  The 
way  in  which  this  feat  was  performed  is  de- 
scribed by  Xenophon,  who  says  {Symp,  ii.  11) 
that  a  circle  was  made  quite  full  of  upright 
swords,  and  that  the  dancer  us  ravra  ixufilara 
rt  Koi  i^€KvfiiaTa  6ir€p  air  Ay:  and  it  is  well 
illustrated  by  the  following  cut  taken  from  the 
Museo  BorbonioOf  vol.  vii.  tav.  58.  (Becker- 
G511,  Charikles,  i.  164 ;  Baumeister,  Denkmaicr, 
p.  584  f.)    We  learn  from  Tacitus  {Oerm,  24) 

2Q 


Tnmblar.   (ituMD  BottenHn.') 


Ad  even  more  remRrksble  p«rfciniiin(«  Ii 
reprewnled  on  s  rtue-painting  (Bull.  Xapol.  v, 
t»».  7  =  Baumeiiter,  fig.  631),  where  the  per- 
fornier  in  a  simiUr  fioeitlon  is  ehooting  an  nrrow 
irith  her  feet,  sad  another  (Tiichhem,  j.  60  = 
Baam.  633)  ia  filling  rrom  a  large  amphora  n 
cup  which  she  holds  in  her  foot  b?  meaoi  of  a 
cyathni  vhich  elie  hotdi  in  the  other.  It  oiaj 
be  noted  that  Krause  in  his  representation  of  thii 
last  wie-pninting  wrongly  girej  three  diilinct 
sci'nea  as  if  thev  were  connected  in  one  whole. 

Other  kinds' of  dancH  were  frequently  per- 
formed at  entertiiamenCi,  in  Rome  u  well  as  in 
Greece,  by  couitesani,  many  of  which  were  of  a 
very  indecent  and 'lasciriout  nature  (Macrob. 
Sat.  ii.  10  ;  Plant,  Stkh.  t.  2, 11).  The  dancen 
seem  to  have  frequsntly  lepreseatei]  Bacchanals : 
many  anch  dancers  occur  in  the  paiDtingi  found 
at  Herculnneum  and  Pompeii  in  a  variety  of 
graceful  attitudes.  (See  Miueo  flortonioo,  vol, 
vii.  t«T.  34-40 ;  vol.  li.  tsv.  17;  vol.  i.  Ut.  5, 
fi.  54.) 

Among  the  dancei  performed  without  armi 
one  of  tlie  moat  important  was  the  ifiioi,  which 
was  danced  at  Sparta  by  yonthj  and  maldeoi 
logetber :   the  youth   danced    first  some  move- 

the  maiden  followed  in  measured  etepi  and  with 
feminine  geiturei.  Lucian  Qk  Salt.  12)  says 
that  it  was  Bimilar  to  the  dance  performed  at 
the  Gfmnopaedia.  (Compare  Miiller,  Dor.  iv. 
d,  §  5.)  Another  common  dance  at  Sparta  waa 
the  Biiasit  (fiifiaait),  which  was  much  practiied 
both  by  mea  sod  women.  The  dance  consisted 
in  apringiag  rapidly  from  the  ground,  and 
striking  the  Teet  behind;  a  feat  of  which  a 
Spartan  woman  vD  Aristophanes  (Zysislr.  2S) 
prides  heraeif  {yvp*iiilJi>tiai  711  mil  nrt\  myhi 
i\Kaiim\  The  number  of  successful  strokes 
was  counted,  and  the  most  skilful  received 
piiies.  We  are  told  by  a  vene  which  has  been 
preMrved  by  FoUui  (iv.  102),  that  a  LaconiaD 
girl  had  danced  the  bibuii  a  thousand  times, 
which  was  more  than  had  ever  been  done  before. 
(Miiller,  Doriatu,  iv.  6,  %  8.) 

In  many  of  the  Greek  states  the  art  of  dancing 
WM  carried  to  great  perfection  by  ffmalei,  who 
were  frequoDtly  engaged  to  add  to  the  pleasures 
and  enjoyment  of  men  at  their  sympoaia.  These 
dancer*  alwayi  belonged  to  the  hetaerae.  Xeno- 
phon  (^Sj/mp,  ii.  2-7)  describes  1  mimetic  dance 
which  wai  repreaanted '  at  a  symposium  where 


SAMBUCA 

Socrata  wai  present.    It  wa*  performed  by  a 

maiden  and  a  youth,  belonging  to  a  Syncniao, 
who  is  called  the  ipxf'Tvf iSd^ceXai,  and  repre- 
sented the  loves  of  Dionysoa  and  Ariadne. 

Dancing  was  common  among  the  Romani  in 
ancient  timei  in  conneiion  wiUi  religioni  futi- 
vala  and  rites,  and  was  practised,  accoriing  to 
Sarviua  (ad  Terg.  Ed.  r.  73),  because  the 
aacteats  thought  that  no  part  of  the  body  should 
be  free  from  the  inBuence  of  religion.  The 
dances  of  the  Salii,  which  were  performed  by 
men  of  patridaa  families,  are  a|Kiken  uf  else- 
where. [Su.11.]  For  the  Fyrahic  dance  at 
Rome,  see  PrRnmct.  There  wa*  another  old 
Roman  dance  of  a  military  nature,  called  Btiti- 
crepi  Saltatio,  which  is  said  to  have  been 
instituted  by  Romnlns,  after  ha  had  carried  off 
the  Sabine  virgins,  in  order  that  a  like  mis- 
fortune might  not  heSall  his  sUt«  (Feitus. 
I.  c.}.  Dancing,  however,  was  not  performed  by 
any  Roman  citizen  except  in  conneiion  Kilb 
religion ;  and  it  is  only  in  reference  to  sncli 
dancing  that  we  are  to  understand  the  itate- 
menta  that  the  ancient  Romans  did  not  conuder 
dancing  disgraceful,  and  that  not  only  freemeo 
but  the  sons  of  aenaton  and  noble  mntreu 
practised  it  (Quintil.  Intt.  Omt.  L  11,  §  18; 
Macrob.  Sat.  ii.  10).  In  the  later  times  of  tbt 
Republic  we  know  that  it  was  cooaidered  highly 
disgraceful  for  a  freeman  to  donee :  Qcito  re- 
proaches Cato  for  calling  Murena  a  dancer  (sofAj- 
(or),  and  adds,  "Nemo  fere  saltat  sobriui,  niii 
forte  insanit "  (pro  Mum.  6,  13 ;  in  PisoiL  10, 
23  !  pn  Deict.  9,  26  ;  cf.  Hot.  Od.  iii.  621). 


The  n 


r   the    I 


carried  to  auch  perfection  under  tb« 
Empire,  are  described  under  FunOMnus. 
Respecting  the  dancers  on  the  tight-rope,  tet 
PDKAJ[BCi.nB.  (Ueursius,  Orcltatra;  Burcttt. 
De  la  Darat  da  Andetu;  Krauie,  Gymaaait 
und  Ag<m.  d  Bdl.  p.  807;  Schttmann,  Anti^. 
p.  58 ;  Backer-Gall,  CkarilUra,  I.  ISfl  ;  Blikniitr. 
iVitntUBn,  p.  505 ;  Uarquardt,  PraaU^iftL, 
p.  109.)  [W.  S.}   [G.  t.  M.] 

BALVIATJUM  INTEEmCTUM.  [Inter- 

BALtJTATIO,  the  name  given  to  one  of  tlie 
forms  of  attention  (oj^na)  expected  tnm  cliecti 
by  their  patrons    at  Rome.     The  client  would 

sven  before  daybreak  (cf.  Mayor  on  Jur. 

17  and  v.  19)  in  the  vestibule  until  tbt 
doors  of  the  atrium  were  opened.  There  1" 
attended  until  the  patron  appeared,  and  th( 
nomenclatoT  announced  the  name  of  the  depen- 
dent, who  brought  hia  morning  greeting  {are)- 
The  callers  were  commonly  divided  into  varioo" 
admiisimet,  according  to  their  rank  and  iati- 
macy,  and  even  men  of  good  position  fouod 
themaelves  in  the  number  (Juv.  i.  100;  Sen.* 
Ben.  vi.  33).  The  clients  who  were  invited  te 
do  ao,  acrNmpanied  the  patron  wherever  h* 
inii;bt  be  going.  Others,  after  receiving  ttf 
dole  [.Sportdu.]  at  one  house,  would  honr  nff 
to  another,  to  be  similarly  rewarded  there 
(Mart.  X.  74).  The  nane  iJulatorei  was  n»d 
of  the  clients  who  earned  their  living  by  the» 
attentions.  (CC  Friedliinder,  nun.  Silte<H.l'  , 
382  tr. ;  Becker,  Oallut,  li.»  15B  ff.)  [A.  S.  W,] 
SAMBU'GA.  I.  iniSiin,  or  v^in,  -^r- 
cadiua,  d«  Jocmt.  p.  !07),»harp.  The  preceding 
Latin  and  Greek  name*  are  with  good  reason  tv  | 
presented  by  Bochart,  Vosaiua,  and  other  ctilii'S.     1 


8AHBD0A 
to  bt  tb«  Hm«  u  the  BcbniT  K3aD  (ubbeo), 
th«  "uckbat,"  which  occnn  in  Daiiial  (iii.  S,  7, 
10).  Tbtftt{iiiraaa(Mt<i(tanilniciitriae{rati3vKi- 
«Tplai>  wtn  only  known  to  the  orly  Bomina 
u  )niuri«9  bronghl  ant  from  Alia  (PUut.  SlicA. 
ii.  3,  57  1  Lit,  mix,  e>  Th«  cAonJiu  oUiftMS 
irhich  Jnrenal  (it.  64)  meDtioni  among  Aiintic 
ioDoration*  it  Home  deaots  the  wunbuca.  The 
Athcniuu  considered  them  u  an  exotic  refine- 
Rienl  (PhilemoD,  p.  370,  ed.  Heineke)  ;  sod  the 
Khodiui  women  who  played  on  the  harp  at  the 
marriage-feuC  of  Cecaaus  in  Macedonia,  olothed 
in  rtrj  thin  tanici,  were  introduced  with  a  riew 
to  girt  to  the  entertainment  the  higheet  degree 
of  aplendonr.  Some  Gre*lt  author*  eiprewlj 
atlribated  the  iuTtntion  of  this  initrument  to 
the  Sf  nana  or  PhoeniciaDi  (Athen.  It.  p.  11 J  d). 
The  opaion  of  thou  who  aacribed  it  to  the 
lyric  poet  Ibycu  can  only  authorise  the  con- 
cloaion  that  he  had  the  merit  of  iaventing  aome 
modification  of  it,  the  inatrnmeDt  u  improTod 
br    him    being    called   'Ifiiiainr   (Athen.    I.e.; 


BASC0FHAGU8 


S»5 


'I^^IK 


•IfiuK6i,    Xofi^Sa 


Strabo, 

**barbaroDi 

LntA.] 

An  lUnitrotioD  I*  girell  below  of  an  Efyptian 
harp,  which  pcrhape  repreaenb  the  sambnca. 
It  ii  from  a  painting  on  an  Egyptian  tomb. 
Under  the  Roman  emperor*  the  harp  appcaia  la 
hnre  come  into  more  general  ue  (Pen.  t.  95; 
Spaitian.  Sa^.  26). 


GffpUan  harp.   (Bnce.) 


9.  £aaiuea  (sofifuicq  or  aariiitt :  ate 
Weschar,  Poliarcmt.  p.  61)  wai  also  the  name  of 
a  military  engine  uud  in  liegei.  For  ita  nie 
and  canriruction  the  authoritin  are  Polyb.  viii. 
2  ;  Veget.  ir,  17  ;  Plut.  MaroeU.  15  ;  Athen. 
liv.  p.  634  b ;  Onoiaad.  Stmt.  11 ;  and  an 
elaborate,  but  not  perfectly  dear,  deacriptjon  in 
Bito  (ed.  Weacber,  /.  c\  where  i  pUn  ii  gii-eu. 
It  wai  a  moTable  bridge  for  pasiiug  either  from 
the  ihip  or  the  towera  of  the  beaicgera  on  to 
the  wall*.  The  mrtCiat  of  Bito  waa  a  bridge 
with  abaltering  bulwarki  lupported  on  a  high 
ctlnmii  or  cyluider  made'as  a  tcraw,  which  waa 
tamed  in  any  direction  by  a  capitan  ;  the  whole 
being  fixed  on  a  platfonn  with  wheel),  ao  that 
it  combined  tower  and  bridge.  The  bridge  had  a 
veight  at  one  end  to  aieiet  in  keeping  it  horiioa- 
tal,  and  a  Udder  at  the  other  by  which  the  tol- 
dien  climbed  up  to  it;  it  waa  turned  with  the 
column  upon  iti  acrew  in  the  required  direction, 


and  raised  to  a  level  with  the  top  of  the  wall 
by  the  screw  (and  probably  al»  by  palleya). 
The  ismhuca  of  Vegetius  paued  fn>m  the  be-' 
•ieging  tower  to  the  walla,  being  raised  by 
pullayij  the  same  tower  might  have  a  ram  in 
iu  lower  story.  That  of  Polybius  piissd  on  to 
the  walls  froni  two  ships  anchored  together;  it 
was  raised  by  patleya  on  the  maita,  and  the 
soldiera  mounted  to  it  by  a  ladder  aheltored 
with  Ipipcuetn.  The  name  (ai  Vegelius 
Polybios,  and  AtheDaeus  notice)  waa  giveu 
because  of  a  fancied  resemblance  of  the 
machine,  with  its  upright  masts  or  supports 
and  the  rapes  from  its  pnlleya,  to  the  harp 
described  abore.  (See  alio  Riiatow  and  Kochly, 
Qr.  Sriegsw.  312;  Uaniuardt,  Staatneno.  ii. 
312;    A.    Uiiller    in    Banmeister,    Denba.    p. 

542.)  [J.  r.i    [O.  E.  M.T 

BAMNI'TES.  rOuuaiOREa,  Vol.  I.  p. 
918  6.1 
SAStDA'LIUM.  [Solea.] 
BANDATILA.  [Fcncs,  Vol.  I.  p.  9fl2  a,] 
8AP0.  Pliny  (fl:  S.  iTiii.  §  191)  mentions 
this  OS  a  Gallic  inveaticn;  it  was  not.  howeTer, 
OUT  aoap,  bat  a  sort  of  pomade  or  wash  ("  dnobua 
media  apluus  ac  liquidui"),  made  of  fat  and 
ashes,  and  Died  to  give  a  golden  tint  to  the 
hair.  Pliny  adds  that  it  was  oiad  in  Oarmany, 
and  eTen  more  by  men  than  women  of  that 
couDtry  (cf.  Tac.  Bist.  i».  61;  Jor.  liii.  161, 
and  Mayor  ad  foe)-  In  fact,  most  other  writers 
seem  to  connect  it  rather  with  the  Oennans 
than  the  Onuli:  Martial  calla  it  "spuma  Ba- 
tata "  (viii.  33  =  caiulka  ^mma,  iit.  26)  and 
"Hattiacae  pilae,"  i.e.  tialU  of  this  compoaition 
from  Mattiacura  in  Germany  (iit.  27).  Orid 
speaki  of  "Germaoae  herbae  "  for  dyeing  the 
hair,  where  the  word  herbat  may  be  applied  in 
ignonnce  of  the  material*  used  to  make  the 
dye.  The  fianua  cinii,  of  which  Serrins  {ad  Aen, 
ir.  69S)  says  that  Cato  makes  mention,  is  pro- 
bably thi$  aqpo.  For  the  equiralenta  to  our 
soap  used  by  Greeks  and  Romani,  see  FULLO, 
Vol.  I.  p.  161.  (Becker-OBli,  Oallia,  iiL  161; 
Marqaardt,  PrivaUeben,  7S7;  BlUmner,  Tcduio- 
logie,  i.  161.)  [G.  E.  M,] 

SA'BClNAE.  [ExHicmra,  Vol.  L  p.  807^ 
SABCXyPHAGUB,  properly  an  epithet  of 
lopi^a  flesh-eating  stone  from  Aisoi  in  the  Troatt, 
inwhichPliny(a.if.ii.S211;i«Ti.§lBl)say» 
bodiea  were  buried,  and  consumed  bU  but  the 
teeth  within  forty  days.  I'he  word  has  come  to 
be  commonly  used  for  any  coffin  {t.g.  Juv.  i. 
172),  and  especially  for  a  coffin  in  itone  with 
sculptural  decorations.  The  introduction  of 
these  into  Greece  and  Rome  wai  due  to  foreign 
influence ;  aud  they  are  not  found  in  either 
before  the  period  of  decline.  In  Egypt  they 
existed  from  the  earliest  period,  and  they  were 
thence  introduced  into  I'hoenicis.  But  the 
object  among  these  people,  as  well  ai  in  Greece 
and  Rome,  was  to  prestiTe  the  body,  not  to 
destroy  it;  hence  the  name  "sarcophagus"  is 
}>eculiar]y  inappropriate. 

We  may  distinguish  the  coffin  for  the  recep 
tion  of  the  body,  inside  the  tomb,  often  plain 
and  sometimes  cut  in  the  solid  rock,  &om  the 
ornamental  erection  of  a  similar  shape  placed  in 
a  conspicuous  position  to  serre  as  a  monument. 
But  the  ornamentation  of  the  one  waa  natnrally 
enongh  often  transferred  to  the  other. 
The  Egyptian  sarcophagus  was,  as  the  dwell- 
3  4  2 


8ABC0PHAQUS 


SABCOPUAQUS 


Fl^,  1.  Sumphigni  fitim  Oolgol  In  Qjfam.    (CMbU.) 


itfle  comei  from  CjpTUi;  btit  w<  >e«  the 
IDTtli  of  tha  Gorgon  and  b  hunting  Kitat,  on 
other  aidct  >  taDqaet  and  ■  chiriat  group. 
(Jnfortanatel)-,  there  ii  uo  trnstirorthf  record  of 
its  discorerj.     In  Lycla,  the  tomb  often  tmkes 

base  ;  acenei  of  life,  aucta  aa  lighta  and  banqueti, 
are  faTonrite  anbjecta.  lo  Greece  we  do  not 
find  aarcophn^  till  the  Helleniatic  period,  when 
foreign  inSueacea  were  commoK.  Thejr  were  at 
lirat,  like  those  of  Aaia  Minor,  intended  u 
Tiaible  nionuineata  outiidethetomh;  and  accord- 
ingly we  lind  that  the  reliefi  are  nerer  allowed 
to  interfere  with  the  linea  of  the  nrchitectural 
form  (fig.  S).  Tha  aubjecta  are  oflen  purely 
decontive ;  oftea  childreo  are  repreaented  In 
Tarloai  eoiplajmenta,  perhaps  beeanae  their 
■hart  and  plump  figarei  best  auit  the  field  1 
tilled.  Mythological  aubjecta  also  occur, 
III  the  ooDibat  with  the  Amaioni,  and  a 
other  acenea 


Sarcophagi  of  atone  with  architactuni  decora- 
tion were  made  to  Rome  aa  early  ai  the  thirif 
centarf  (t.g.  the  famona  anea  from  the  tomb  of 
Che  Scipioa);  bnt  tbe  marble  onea  with  acece* 
in  relief  belong  to  imperial  timea,  and  are  not 
common  till  the  second  ceatarr  A.D.  Theae  form 
by  far  the  mcit  noinerona  cfaai  of  aarcophagi. 
and  are  uiually  meant  when  the  word  ia  used. 
Parlly  becauie  they  were  oiuajly  inside  the 
tomb,  partly  from  want  of  artiatic  feeling,  the 
reliefii  are  leu  auhordioate  to  the  tEructuial 
form  ;  they  are  often  crowded  with  tigUKi,  Aod 
eren  the  comeri  are  not  dear  (lig.  3).  The 
back  ii  ninally  plain.  The  eiecution  of  tht^ 
variea  from  fiiir  GrMOO-Boman  work  ts  the  last 
and  wont  attempts  of  claaaical  art ;  but  the 
style  doei  Dot  rise  aboTc  that  of  handicraft, 
and  ligurea  and  groups  are  repeated  from  cod- 
ventional  models.  The  variety  of  subject  ia 
inch  that  it  can  onl}-  be  tonched  on  here.  A 
most  eitensire  gallery  of  mythological  icenes, 
DionTsiac  and  other  proceisioni,  Moaea,  luJ 
Cnpida  may  be  found  on  them  ;  also  scenes  front 
daily  life,  and  sometimea  a  succession  of  tetntx. 
often  representing  the  Tariou*  ages  of  man. 
Sometimea  tbe  same  is  repreaented  by  mytho- 
logical or  myatical  aymbolism. 

Uere  larcophagns  has  been  taken 'to  mean 
stone  coffin,  but  the  word  ia  often  looeelt  used 
for  a  coffin  of  other  material,  especially  of  lena- 
cottit.  l^ne  painted  terra-cotta  coffini.  of 
archaic  period,  hare  been  found  in  Asia  Minor; 
and  also  in  Etruria  tbey  are  ftvquent,  orna- 
mented with  paJutlne  or  nliefi.  A  fipirt  of 
the  deceased  often  reclines  on  the  top,  aa  in  the 
smaller  EtroacaD  urns  or  boiei  for  the  *shea  of 


th*  dead,  in  itoae,  which  miy  ilu  be  reftrdtd 
>i  ■  Tsrittj  of  wrcophigiu. 

(No  complcta  work  on  tha  mbjwt  uisU.  but 
one  hsi  twcii  andcrUkcn  by  tha  Oennui  loni- 
late.  Uamnwhila,  JKl>t*(l  articlei  tnurt  ba 
CDDiultcd.  t^.  Umti,  Arcs.  Zritmg,  1BT3,  p.  11 
tqq. ;  Ifilchhorer,  Anwdi  d.  Itut.  Ank.  1ST9, 
|i.  87  tqq-;  l>vcrb«ck,  QemMdiU itr grieckiickeK 
FtaOik,  ii.  pp.  «5  tqq.)  [E.  A.  G.] 

BA'BCUtUM  (a  wrrinKfo,  Vmrro,  X.  L. 
T.  31,  irntXd,  trnXirr^piev^  ft  hoa.  (Hot. 
ttf.  I.  1, 11 ;  Ovid,  ittt.  il.  3<i,  y-ut.  i.  69S,  ir. 
927;  Plaut.  True.  il.  2,  21-,  Cato,  d^  A*  £wt. 
10  1  Colomalli,  i.  21.)  It  vu  tighter  than  tha 
Mabu  (compare  Fllu.  H.  N.  xrii.  $  146,  lii. 
i  241),  KoA  *u  Hmetimca  a  limpla  blide,  »nie- 
timat  two-pronged  (Pallui.  i.  43).  It  whi  ■!» 
(Ufd  like  tba  RaSTBUM  to  coTar  tba  *eed  whan 
«owD  (Colnmclla.  ii,  11),  and  in  mouniaiaoui 
coDDtiie*  it  MTTad  iutasd  of  ■  plough  (Plia. 
H.  X.  iTiii.  IS,  i  ITS).  Dircctieiu  for  luing  it 
to  claar  the  anrfiuM  of  t)u  ground  (vitiAAtiv, 
Harod.  iL  14;  imXt^u',  Schol.  m  TbeocriL 
X.  14)  are  giTcn  bjr  Palladia!  (de  Et  Biat. 
ii.    9).     Sea    alio    Jar.    it.    16S,    and    Haror'i 

not«.  [J.  y.]  [0.  E.  h.] 

SABISflA.     [EiEKCiTU*,  p.  488  o.] 

SABCKNIA,  ■  latinl  celebrated  erarj  jraar 

■t  Troenn  In  banDnr  of  Artemii;  no  particolin 

are  known,   (Pliiu.ii.  32,  9;  Spauhain  on  CUIim. 

NyrnK.  in  Mwn,  42,  p.  4U.)  [L.  S.j 

BARRA'CUM,  a  kind  of  eommon  cart  or 
*'SE''»'  obich  wai  uied  bj  the  couDtrv  people 
of  lUlj-  for  conTejing  the  produce  of  their 
tieldt,  tree*,  anil  the  like  frrnn  one  place  to 
noothar  (ViltuT.  i.  1 ;  Jot.  iii.  254).  lU  name, 
n  well  aa  the  fact  that  it  vm  uied  ij  MTtral 
barlMroua  nationi,  ihowi  that  it  wni  introdaced 
from  them  into  Italv  (Sidon.  Epifl.  it.  18; 
Amm.  Marc.  mi.  2). '  That  partoni  alio  aome- 
timei  nit  in  ■  nrmcum.  I*  cleor  fram  ■  pauaga 
of  Cicaro  qaotui  by  Qalntilian  (riii.  3,  {  21), 

Tulgar.  Capilollani  (^.lalon.  Philoi.  13)  atatai 
that  during  a  plagsf  the  mortalit;  at  Kama  wai 
M  great  tliat  it  «r**  fuund  nectMurT  to  carry 
the  dead  bodiet  oat  of  tha  city  npOD  the  common 
urraca.  Serentl  of  tha  barbaroix  nationi  with 
which  tha  Romant  came  in  contact  mad  theu 
vaggone  alio  in  war,  and  placed  them  around 
their  cnmpa  oi  a  fortification  (Slienna,  ap.  Nnn. 
iii.  35).  and  the  ScTtbiaoi  nied  them  in  their 
wandariBgi,  and  apent  almoat  thair  whole  lirea 


with  their  wirei  and  children, 
lianu*  c«mpaT«k  inch  a  cararaa  of 
aarraca  with  all  that  wai  conreyed  upon  them 
to  a  wandering  dty.  Tha  Romini  appear  to 
bare  naed  th*  aamcum  for  ai!  parpoeu  for 
which  the  planrtmm  waa  employed  [PLatn- 
trumJ,  and  JaTcnal  (r.  22)  even  appliea  it  to  the 
conatellation  which  wae  ginerally  called  Plau»> 
tmm;  but  that  there  muat  hare  been  loma 
diflerence  In  the  bnild  ii  clear  from  the  flict 

together  in  Juvenal  and  Vitruriai.  What  tha 
difference  wai  cannot  be  poaitirely  decided ; 
both  alike  ware  formed  with  two  wheeli  ai  well 
ai  with  four  {Ed.  Diodti.  \h,  23-28);  from  • 
general  lurvey  of  the  pauagu  cited  it  may, 
bowerer,  be  nnrmieed  that  the  inrracnm  waa 
larger  and  hearier  than  the  planitrnm. 
(Scheffer,  dt  hi  I'lAic.  ii.  31 ;  Uarqoardt, 
Primti.  732.)  [L.  S.j     [O.  E.  M.] 

SABTA'OO  (-nbw">  TdTurst),  a  frying, 
pan  (Juv.  I.  33),  "  a  alTaoitu  loni  TOcatn  quaoda 
in  ea  aidet  oleum  "  (Utd.  ii.  8)  ;  the  oil  being 
need  for  frying,  ai  we  ate  butter  or  fat.  la 
Pliny  (/T.  m.  iri.  %  53)  it  ii  uied  for  melting 
reain.  The  shape  of  a  aartago  which  hsi  been 
found  at  Pompeii  ia  exactly  like  that  of  a  modem 
frying-pan  (lee  Mum.  Borhon.  ir.  Ur.  12  ;  Guhl 
and  Koner,  ii.  ISS).  For  the  Greek  equiralant, 
•ee  Athen.  ri.  pp.  22S,  229.    [L.  S.]  [G.  E.  H.l 

^A'TIBAorSATURA.  The  word, it  would 
appear,  originally  meant  a  mixture  or  medley. 
Vairo,  quoted  by  IKomedei,  p.  4S6  (Keil), 
defined  jalum  aa  a  diih  or  compound  of  varioua 

et  Ductei  pinei  muleo  conipeni ;  farcimeu  . .  . 
multii  rebut  rafeituni  satunim  dicit  Varro  roci* 
Utum."  Feitna,  p.  314  (Uiiller),  and  laidore. 
Orig.  II.  8,  8,  aay  much  the  lame  thing.  Th* 
phra*ef«r  anfuram  thui  meant  "  promiicuouily," 
"without  dittinctioD,"  "in  no  definite  order:" 
thai  Lactantioi  layi  (/nat.  t.  21, 13),  "Peicenniae 
Keitui  in  libris  hlitorianim  per  aaturam  refert," 
("  he  eaya,  among  a  number  of  otlaer  thinge, 
that,"  &c);  CharUioi,  p.  1»4  (Keil),  "  ad- 
rerbium  .  ,  .  omnia  in  le  capit  qnaii  collata  per 
aaturam  "("the  adrerb  containi  enrything  ia 
a  raiieellaneoui  collection ").  Aa  a  technical 
term  of  law,  pa-  atrfurom  or  in  aodimm  denoted 
a  bill  the  Tarioni  prorliioni  of  which  war* 
propoaed  and  roted  on,  not  leparately,  but  in  a 
lamp.  Thni  at  tha  rloee  of  a  Uz  the  worda 
were  added,  "nare  per  Mtnnm  abrogato  ant 


598 


SATIRA 


8ATIRA 


derogate  "  (Festus,  p.  314) ;  Fronto  says  (p.  212, 
Naber),  *'  non  sparsa  nee  sine  discrimine  agge- 
rata,  ut  quae  per  sataram  fernntur."  As 
applied  to  voting,  per  aaturam  seems  to  hare 
meant  **  promiscuonslj ;"  in  other  words,  that 
the  voting  was  taken  not  individually,  but  by 
show  of  hands,  acclamation,  or  some  other 
rough  and  ready  method.  C.  Laelius,  quoted  by 
Festus,  p.  314,  says,  *^  quasi  per  saturam  sententits 
ezquisitis."  A  number  of  other  passages  might 
be  quoted  to  the  same  effect. 

In  literature,  aatwra  perhaps  meant  $aittra 
fabuiay  a  story  or  piece  of  writing  of  miscel- 
laneous contents.  If  we  may  trust  Livy,  who  is 
probably  merely  reproducing  and  abridging  in- 
formation derived  from  some  older  authority, 
the  word  was  originally  applied  to  a  rnde  form 
of  drama  (perhaps  merely  a  scene)  without  a 
plot,  which  dealt  with  a  miscellaneous  variety 
of  subjects.  When  Livy  describes  the  origin  of 
dramatic  performamoes  at  Rome  (viL  2,  4),  he 
seems  here  to  have  meant  by  aakura  a  simple 
scene  without  a  plot,  acted  at  first  without,  but 
afterwards  (under  Etruscan  influence)  with, 
a  regular  musical  accompaniment  and  corre- 
sponding gestures.  This  scene  or  dialogue  with 
musical  accompaniment  never  developed  into  a 
play  with  a  regular  plot.  Livius  Andronicns 
was  the  first  artist  who  gave  up  aatwroBj  and, 
under  Greek  influence,  introduced  a  regular 
drama:  **ab  saturis  ausus  est  argumento 
fabulam  serere.'* 

The  fabula^  or  regular  play,  drove  the  aatura 
from  the  sphere  of  acted  drama,  and  the  word 
was  then  applied  to  a  literary  composition  not 
written  for  acting,  dealing  with  a  miscellaneous 
variety  of  subjects  or  characters,  and  composed 
.  sometimes  in  prose  and  verse,  sometimes  in  verse 
only,  but  verse  in  a  variety  of  metres.  (Dio- 
medes,  p.  485,  **olim  carmen  quod  ex  variis 
poematibus  constabnt  satura  vocabatur,  quale 
scripserunt  Pacuvius  et  £nnius ;"  cf.  Isid.  Orig, 
V.  16,  1,  '*saturas  scribere  est  poemata  varia 
condere.") 

ffiatory  of  the  literary  jSSsi^tira.— £nnius  (bom 
239  B.O.)  is  mentioned  by  Horace  as  the  founder 
of  this  form  of  composition  {Sat,  i.  10,  66, 
**  rudis  et  Graecis  intact!  carminis  auctor  ").  He 
wrote  several  books  of  saturae.  Six  are  men- 
tioned by  the  ancient  grammarians,  but  in  all 
probability  there  were  more,  as  some  are  quoted 
not  by  their  numbers  but  by  their  titles.  Of 
the  subjects  of  the  first  and  second  books 
nothing  is  known;  of  the  fragments  of  the 
second,  one  is  written  in  trodiaic,  the  other  in 
hexameter  verse.  The  third  boolc,  entitled 
Scipio,  may  have  been  dedicated  to  the  achieve- 
ments of  the  younger  Africanus.  Some  frag- 
ments of  it  remain,  written  in  hexameters, 
iambics,  and  trochaics.  The  titles  and  frag- 
ments of  some  of  the  other  saturae  may  give 
some  clue  to  their  contents.  The  ffedypkagetica 
must  have  treated  of  gastronomy ;  the  Epichar' 
mu8  and  EuKemartu  of  philosophy  and  mytho- 
logy. Aulus  Gellius  {Nodee  Attioaey  ii.  29,  3) 
preserves  a  notice  that  £nnius,  in  one  of  his 
mUutm,  versified,  with  great  success,  the  fable 
of  the  lark  and  its  young  ones ;  but  in  which 
book  he  did  this  is  unknown.  Scanty  as  they 
are,  these  fragments  clearly  show  what  the 
situra  was  in  the  hands  of  Ennius.  It  was  a 
literary    conversation    composed    ia    various 


metres,   the    epic  hexamete|>Bf^eIl    as    the 
ordinary  metres  of  the  comic  drama — ^whether 
with  an  admixture  of  prose,  we  do  not  know. 
Its  subjects  might   be  serious    or    otherwise, 
according  to  the  author's   fancy.      It  was,   in 
short,  a  talk  with  cultivated  society  at  Rome  on 
the  topics  of  the  hour.     Pacuvius  (about  220— 
132    B.C.)    wrote    saturae    of   which    nothing 
remains,  and  we  therefore  pass  on  to  the  author 
whose  name  was  inseparably  associated   with 
this  form  of  composition,  and  who  was  generally- 
accounted,    in    Latin    antiquity,    its    greatest 
master.     Lucilius  (180  or  167-108  B.a)  appears 
to  have  deroted  himself  exclusively  to  the  satura. 
He  wrote  at  least  thirty  books  of  saturae,  each 
of  which,   probably,  contained  several   piec^ 
Of  these  books  the  first  seems  to  have   been 
written   in    hexameters,    the    rest    partly     in 
hexameters  or  elegiacs,   partly  in  iambics    or 
trochaics.    Thus,  in  external  form,  the  saUtra 
of  Lucilius  did  not  difler  much,  if  at  all,  from 
that  of  Ennius.     It  was  still  a  brief  narrative  or 
picture  of  life,  with  an  element  of  dialogue.     So 
much  is  clear,  if  only  firom  the  remams  of  the 
third    book,    from    which    Horace    copies    his 
Journey  from  Home  to  Brundisium;  from  the 
scene  in  the  fourth  book  between  Aeseminna 
and  Pacideianus,  the  rustic  supper  in  the  filth 
book,  and  the  convivial  scenes  of  the  fourteenth 
and  twentieth.    The  range  of  his  subjects  is-  a 
very  wide  one :  philosophy,  philology,  literary 
criticism,  war,    contemporary    life   in  all    ita 
phases — all  find  a  place  in  his  saturae.    But  an 
important  point  of  difierence  must  be  noticed 
between  Lucilius  and  his  predecessors,   which 
had  not  escaped   the  notice  of  the  andents. 
Diomedes  (p.  485)  speaks  of  the  satira  which 
was  *'  carmen  maledicum  et  ad  carpenda  homi^ 
num  vitia  archaeae  comoediae  diaractere  com- 
positnm,  quale  soripserunt  Lucilins  et  Horatins 
et  Persius."    Lucilius  was  the  first  writer  who 
impressed  on  the  saiura  the  character  of  invec> 
tive  which  it  to  a  great  extent  preserved  in  the 
hands  of  Albucius  (**  cuius  Luciliano  charactere 
sunt  libelli,"  as  Varro  says,  L,  L,  lit.  2,  17), 
Horace,  Persius,  and  Juveiud.     With  Lucilius 
the  sohira  underwent  a  new  Greek  influence, 
that  of  the  Old  Attic  Comedy,  and  became  the 
instrument  not  only  of  personal  reflection  or 
advice   or  expostulation,  but  also  of  personal 
attack.    The  reason  of  this  must  be  sought,  no 
doubt,  partly  in  the  character  of  Lucilius  him- 
self, partly  in  the  drcumstanoes  of  his  age.   The 
period  of  corruption  among  the  ruling  classes  at 
Rome  had  begun,  and  was  to  continue  until  the 
end  of  the  Republic.    There  was  plenty  of  room 
for  a  preacher  or  a  satirist  or  a  comedian ;  bat 
Roman  feeling  would  not  allow  the  stage  to  be 
used   for  political  attack,  and  the  Roman  Ari- 
stophanes was  driven  back  to  his  ink  and  paper. 
The  remains  of  Ludlius's  satttrae,  whatever 
else  they  bear  witness  to,  attest  beyond  doubt 
an  extraordinary  vigour,    which    breathes   in 
almost  every  surviving  line.    This  was,  prob- 
ably,  the  main  source  of  his  popularity,  which 
never  waned  so  long  as  Latin  literature  was 
alive.      Even  in  the  time  of  Tacitus  {JUal,  de 
Orat,  23)  there  were  readers  who  preferred  him 
to  Horace.    He  makes  strong  protestations  of 
sincerity,  nor  does  there  seem  any  ruasea  to 
doubt  that  he  was  sincere.      Horace,  in  the 
fourth  and  tenth  satires  of  his  first  book^  finds 


BATIBA 


SATURNALIA 


599 


&iiU  with  his  style  as  sloTcnly  and  cardess. 
But  this  defect  was  either  not  discorered  or 
-WBA  passed  over,  not  only  by  Cicero  and  Varro, 
bat  by  Qnintilian.  To  Cicero  Lucilins  is  dociua 
and  perirbamis{de  Orat,  i.  §  72);  to  Varro  he 
was  graeiliSf  or  elegant  (Aulas  Geliius,  Nodes 
AUieae,  ti.  14,  6).  Qnintilian  altogether  refuses 
to  subscribe  to  the  censures  passed  upon  him  by 
Horace  (/nsi.  Or.  x.  1,  93)1  Fronto  (p.  62, 
Naber)  oalls  him  **  elegans  in  cniusque  artis  ac 
negetii  propriis."  It  is  probable,  then,  that  the 
hastiness  and  imperfection  of  his  workmanship, 
which  are  undeniable,  blinded  Horace  to  his 
merits. 

.The  original  form  of  tatura  was  adopted  by 
Marcus  Terentius  Varro  (116-27  B.C.)  in  his 
sahmM  Menifpeae^  or  saturae  in  the  style  of  the 
Cynie  philosopher  Menippus.  Qnintilian  (x.  1, 
95)  says,  '*  altentm  illud  etiam  prins  saturae 
genus,  sed  non  sola  carminum  rarietate  miitum 
condidit  Terentius  Varro;"  Probus,  on  Verg. 
EcL  Ti.  81)  **  Varro  •  .  .  Menippeus,  non  a 
magistro . . .  nominatus,  sed  a  societate  ingenii, 
quM  in  quoque  omuigeno  carmine  saturas  suas 
expoliTerat.''  Of  the.  aaiurae  there  was  a  rery 
large  number,  as  Qnintilian  says  (/.  cX  ^  plu- 
rimos  hie  libros  (i.e.  aatMrarwn)  et  doctissimos 
composuit,  peritissimus  linguae  Latinae  et 
omnis  antiquitatis  et  rerum  Graecamm  nos- 
trammque."  To  judge  from  the  scanty  frag- 
ments which  remain,  Varro's  saturae  seem  to 
hare  been  pictures  of  life  and  society,  tinged 
with  a  dash  of  common-sense  philosophy,  and 
embracing  almost  every  conceivable  point  of 
social,  moral,  religious,  or  literary  interest.  For 
the  ninety  titles  which  have  surrived,  see  the 
edition  by  Riese,  or  that  by  Bucheler,  at  the 
end  of  his  Petronius.  They  give. a  striking  idea 
of  the  variety  of  subjects  over  which  Varro 
ranged.  These  pieces  are  mixtures  of  pose  and 
verse.  Tlie  fragments  are  very  brief  and  in- 
adequate, having  been  in  most  cases  only  pre- 
served by  grammarians  as  giving  instances  of 
rare  woi^  or  forms  of  words ;  but,  even  so, 
they  give  a  vivid  idea  of  the  immense  loss  which 
Latin  literature  has  sustained  in  the  disappear- 
ance of  Varro's  saturae. 

Between  Marcus  Varro  and  Horace  comes 
Pubhus  Varro  of  Atax,  whose  works  are  lost, 
but  who,  according  to  Horace,  attempted  some- 
thing in  the  same  style  as  himstlf,  but  did  not 
succeed  {Sat.  i.  10, 46,  *«  hoc  erat,  ciperto  frustra 
Varrone  Atacino  Atque  qnibusdam  aliis,  melius 
quod  scribere  possem  "). 

The  satura  or  sermo  (for  so  he  calls  it)  is 
treated  by  Horace  in  a  way  of  his  own.  He 
does  not  like  the  rudeness,  as  he  thinks  it,  of 
Lucilins;  he  looks  for  more  polish  of  style, 
more  flexibility,  more  softness  of  tone,  to  suit 
the  compleiity  of  life.  But,  like  Lucilins,  he 
writes  in  hexameters,  though  often  preserving 
the  form  of  a  dialogue.  This,  so  far  as  it  goes, 
is  a  mistake,  for  the  hexameter  is  the  metre 
least  of  all  suited  to  dialogue.  In  all  other 
respects  the  sahtra  or  sermo  of  Horace  seems  to 
be  true  to  the  sound  tradition ;  it  is  a  conversa- 
tion with  the  age  on  the  topics  that  interest  it. 

We  now  come  to  the  age  of  Nero,  in  which 
the  satura  is  represented  by  two  writers  of  a 
very  different  character,  Persius  (34-62  A.D.) 
and  Petronius  (died  perhaps  66A.D.).  Persius 
is  ft  devoted  a^nircr  of  Horace,  but  he  his  not 


Horace's  geniality  or  lightness  of  hand.  Like 
his  master,  he  attempts  to  write  saturae  in 
hexameters;  but  he  only  succeeds  in  making 
his  natural  slowness  and  obscurity  of  utterance 
still  more  conspicuous.  His  subjects,  too,  are 
exclusively  serious :  he  is  not  at  home  out  of 
the  region  of  philosophy  and  religion ;  and  he 
is  a  young  student,  ignorant  of  the  world. 
Petronius  is  a  man  of  the  world  and  a  writer 
of  genius.  His  satura,  of  which  unfortunately 
only  fragments  remain,  is  constructed  in  the 
manner  of  Varro,  and  is  a  narrative  of  ad- 
ventures in  a  town  of  Southern  Italy,  so  con- 
trived as  to  introduce  a  number  of  leading  types 
of  character — a  poet,  a  freedman,  a  ship's 
captain,  and  others.  Each  character  is  so  con- 
ceived, and  represented  in  a  manner  so  lifelike, 
as  to  make  Petronius's  book  something  unique 
of  its  kind  in  classical  literature.  The  dra- 
matis perscnae  all  speak  in  appropriate  style 
and  idiom.  The  body  of  the  narrative  is  in 
prose,  but  it  is  interspersed  with  verse,  put 
mainly  into  the  mouth  of  the  poet  Eumolpns, 
and  intended,  it  is  nearly  certain,  as  a  parody  of 
Lucan  and  Seneca. 

In  the  hands  of  Juvenal  (about  47-130  ^.D.) 
the  sa<iira  almost  loses  its  original  character; 
indeed,  his  satires  might  with  more  propriety 
be  called  epistles,  as  the  element  of  dialogue 
has  vanished  except  in  the  third  and  ninth 
satires.  Juvenal  writes  in  hexameters  of  the 
most  conventional  form,  and  treats  his  themes 
in  the  tone  of  rhetorical  invective.  He  is 
entirely  dominated  by  the  angry  spirit  of 
Lucilins,  and  in  the  monotony  of  indignation 
forgets  that  humour  and  play  of  sympathy 
were  an  essential  element  of  the  genuine 
satura;  yet,  far  as  he  is  removed  from  Ennius, 
Varro,  and  Petronius,  nay  even  from  Horace, 
his  moral  force  and  mastery  of  his  chosen  style 
are  so  commanding  that  he  has  come  to  be 
regarded  in  literature  as  the  prince  of  Roman 
satirists ;  and  it  is  no  doubt  largely  owing  to 
his  influence  that  the  words  satire  and  satirical 
have  come  in  English  to  imply  severe,  if  not  ill- 
natured  raillery. 

The  proper  form  of  the  satura,  a  mixture  of 
prose  and  verse,  was  adopted  in  the  4th  century 
by  Martianns  Capella  and  in  the  6th  by 
Boetius  (died  525  A.D.)  in  his  de  Consolatione 
Phihsophiae,  of  which  an  ancient  biography 
(p.  xxxi.,  Peiper)  says :  **  Hos  libros  per  saturam 
edidit,  imitatus  scilicet  Martianum  Capellam, 
qui  prins  libros  de  Nuptiis  Philologiae  et 
Mercurii  eadem  specie  poematis  conscripserat." 

(See  Anton  Funck,  Satur  und  die  dawn  ab- 
geleiteten  Wdrter,  Kiel,  1888;  H.  Nettleship, 
The  Botnan  Batura,  Oiford,  1878;  Leo,  Varro 
und  die  Satire,  in  the  Hermes,  Berlin,  1889.  The 
author  of  the  latter  essay  is  very  sceptical  as 
to  the  independent  value  of  the  evidence  given 
by  Livy  and  the  Latin  authorities.)       [H.  K.] 

8ATI8DATIO.    [Actio.] 

SATURNAIjIA,  the  festival  of  Satumus, 
to  whom  the  inhabitants  of  Latium  attributed 
the  introduction  of  agriculture  and  the  arts  of 
civilised  life.  Falling  towards  the  end  of  De- 
cember, at  the  season  when  the  agricultural 
labours  of  the  year  were  fully  completed,  it  was 
celebrated  in  ancient  times  by  the  rustic  popu- 
lation as  a  sort  of  joyous  harvest-home,  and  in 
every  age  was  viewed  by  all  dasies  of  the  com- 


600 


8ATUBKALIA 


muBity  as  a  period  of  absolute  relaxation  and 
unrestrained  merriment.  During  its  con- 
tinnance  no  public  business  conld  be  transacted, 
the  law  courts  were  closed,  the  schools  kept 
holiday,  to  commence  a  war  was  impious,  to 
punish  a  malefactor  involved  pollution.  (Ma- 
crob.  Sat,  i.  10,  16;  Martial,  i.  86;  Suet.  Aug. 
3'2;  Plin.  Up.  viii.  7.)  Special  indulgences 
were  granted  to  the  slaves  of  each  domestic 
establishment;  they  were  relieved  from  all 
ordinary  toils,  were  permitted  to  wear  the 
pilleus  the  badge  of  freedom,  were  granted  full 
freedom  of  speech,  partook  of  a  banquet^attired 
in  the  clothes  of  their  masters,  and  were  waited 
upon  by  them  at  table.  (Macrob.  Sat,  i.  7 ;  Dio 
Cass.  Ix.  19;  Justin,  xliii.  1,  3;  Hor.  Sat,  ii.  7, 
5 ;  Martial,  xi.  6,  xiv.  1 ;  Athen.  xiv.  44.) 

The  public  festival  began  with  a  sacrificiwn 
publicum  in  front  of  the  temple  of  Saturn  in 
the  Forum  (Dionys.  vi.  1),  and  then  followed 
the  convivium  publicum,  at  which  senators  and 
knights  wore  the  dinner  dress  [Sitntiiesis].  In 
private  the  day  began  with  the  sacrifice  of  a 
young  pig  (Mart.  xiv.  70;  Hor.  Od,  iii.  17,  14); 
all  ranks  devoted  themselves  to  feasting  and 
mirth,  presents  were  interchanged  among 
friends,  and  crowds  thronged  the  streets,  shout- 
ing lo  Saturnalia  (this  was  termed  dnmare 
Saturnalia),  (CatuU.  14 ;  Senec.  k'p.  18 ;  Suet. 
Aug,  75 ;  Martial,  v.  18,  19,  vii.  53,  xiv.  1 ; 
Plin.  Ep,  iv.  9 ;  Macrob.  Sat,  t.  8,  10 ;  Serv.  ad 
Verg.  Aen.  iii.  407.) 

Many  of  the  peculiar  customs  exhibited  a  re- 
markable resemblance  to  the  sports  of  our  own 
Christmas  and  of  the  Italian  Carnival.  Thus 
on  the  Saturnalia  public  gambling  was  allowed 
by  the  aediles  (Martial,  v.  84,  xiv.  1,  xi.  6), 
just  as  in  the  days  of  our  ancestors  the  most 
rigid  were  wont  to  countenance  card-playing  on 
Christmas-eve;  the  wearing  of  the  tynthetU 
and  of  the  pilleus  (Martial,  xiv.  141,  vi.  24,  xiv. 
1,  xi.  6 ;  Senec.  Ep,  18)  may  find  their  counter- 
part in  the  dominoes,  the  peaked  caps,  and  other 
disguises  worn  by  masques  and  mummers ;  the 
cerei  were  probably  employed  as  the  moccoli 
now  are  on  the  last  nigh^  of  the  Carnival ;  and 
lastly,  one  of  the  amusements  in  private  society 
was  the  election  of  a  mock  king  (Tac  Ann. 
xiii.  15;  Arrian,  Diss,  Epictet.  i.  25;  Lucian, 
Saturn,  4),  which  at  once  calls  to  recollection 
the  characteristic  ceremony  of  Twelfth-night. 

Satumus  being  an  ancient  national  god  of 
Latium,  the  institution  of  the  Saturnalia  is  lost 
in  the  most  remote  antiquity.  In  one  legend 
it  was  ascribed  to  Janus,  who,  after  the 
sudden  disappearance  of  his  guest  and  benefactor 
from  the  abodes  of  men,  reared  an  altar  to  him, 
as  a  deity,  in  the  forum,  and  ordained  annual 
sacrifices;  in  another,  as  related  by  Varro,  it 
was  attributed  to  the  wandering  Pelasgi,  upon 
their  first  settlement  in  Italy,  and  Hercules,  on 
his  return  from  Spain,  was  said  to  have  re- 
formed the  worship  and  abolished  the  practice 
of  immolating  human  victims;  while  a  third 
tradition  represented  certain  followers  of  the 
last-named  hero,  whom  he  had  left  behind  on 
his  return  to  Qreece,  as  the  authors  of  the 
Saturnalia  (Macrob.  Sat.  i.  7).  Records  ap- 
proaching more  nearly  to  history  referred  the 
erection  of  temples  and  altars,  and  the  first 
celebration  of  the  festival,  to  epochs  compara- 
tively recent,  to  the  reign  of  Tatius  (Dionys. 


SATUBNAUA 

ii.  50%  of  TuUus  Hostiliui  (Dionyi.  iii.  32; 
Macrob.  Sat.  i.  8),  of  Tarquinius  Superbu» 
(Dionys.  vi.  1 ;  Macrob.  /.  c),  to  the  consul- 
ship of  A.  Sempronius  and  M.  Minucins,  B.C. 
497,  or  to  that  of  T.  Larcins  in  the  preceding 
year  (Dionys.  vi.  1 ;  Liv.  ii.  21).  These  con- 
flicting statements  may  be  easily  recondled  by 
supposing  that  the  appointed  ceremonies  were 
in  these  rude  ages  neglected  from  time  to  time, 
or  corrupted,  and  again  at  different  periods 
revived,  purified,  extended,  and  performed  with 
fresh  splendour  and  greater  regularity.  (Comp. 
Jordan,  Topog,  i.  360.)  The  festival  was,  no 
doubt,  an  old  Italian  rite  of  prehistoric  date, 
but  the  adoption  of  the  ritua  gritecus  in  its  cere- 
monies, as  shown  by  the  uncovered  head 
[SACRiriciuif ,  p.  586]  and  the  lectistemium,  was 
due  to  the  order  from  the  Sibylline  books  in  the 
vear  217  B.C.  (Liv.  xxU.  1,  19).  It  is  suggested 
by  Marquardt  that  the  f<»sting  of  slaves, 
which  the  Romans  took  to  be  a  tradition  from 
the  golden  age  when  all  were  equal,  may  have 
really  originated  with  the  lectisternium  in  that 
year ;  since  such  general  feasting  of  all  ranks 
was  part  of  the  lectistemia  (Macrob.  i  6,  13  ; 
Lectisternium). 

During  the  Republic,  although  the  whole 
month  of  December  was  considered  as  dedicated 
to  Saturn  (Macrob.  i.  7),  only  one  day,  the  xiy. 
Kal.  Jan.,  was  set  apart  for  the  sacred  rites  of 
the  divinity :  when  the  month  was  lengthened 
by  the  addition  of  two  days  upon  the  adoption 
of  the  Julian  Calendar,  the  Saturnalia  fell  on 
the  XVI.  Kal.  Jan.,  which  gave  rise  to  con- 
fusion and  mistakes  among  the  more,  ignorant 
portion  of  the  people.  To  obviate  tJ^is  incoa> 
venience,  and  allay  all  religious  scruples,  Aa<- 
gustus  enacted  that  three  whole  days,  the  17  th, 
18th,  and  19th  of  December,  should  in  all  time 
coming  be  hallowed,  thus  embracing  both  the 
old  and  new  style  (Macrob.  i.  10).  A  fourth 
day  was  added,  we  know  not  when  or  by  whom, 
and  a  fifth,  with  the  title  JuvenaliSf  by  Caligula 
(Dio  Cass.  lix.  6 ;  Suet.  Col.  17) ;  an  arrange- 
ment which,  after  it  had  fallen  into  disuse  for 
some  years,  was  restored  and  confirmed  by 
Claudius  (Dio  Cass.  Ix.  2). 

But  although,  strictly  speaking,  one  day 
only,  during  the  Republic,  was  consecrated  to 
religious  observances,  the  festivities  were  spread 
over  a  much  longer  space.  Thus,  while  Livy 
speaks  of  the  first  day  of  the  Saturnalia  (&i- 
tumalibui  primia,  Liv.  xxx.  36X  Cicero  mentions 
the  second  and  third  (tecundit  Satumaiimsj  ad 
Att,  XV.  32 ;  Satumalibus  tertUsj  ad  AtL  r.  20); 
and  it  would  seem  that  the  merry-making 
lasted  during  seven  days,  for  Novius,  the  writer 
of  Atellanae,  employed  the  expression  septcm 
Saturnalia^  a  phrase  copied  in  later  times  by 
Memmius  (Macrob.  i.  10),  and  even  Martial 
speaks  of  Scdttmi  aeptem  diet  (xiv.  72),  although 
in  many  other  passages  he  alludes  to  the  five 
days  observed  in  accordance  with  the  edicta  of 
Caligula  and  Claudius  (ii.  89;  xiv.  79,  141X 

Among  the  presents  of  all  kinds  which  were 
made  at  this  season  (Suet.  Aug.  75 ;  Plin.  Ep. 
iv.  9,  7 ;  Lucian,  Crcnoaol.  14-16 ;  Mart.  iv. 
46,  vii.  53,  and  all  book  xiv.),  we  must  notice 
especially  the  oerei  and  the  sigiBaria,  The 
cerei  were  wax  tapers  {funiculi  or  funaiet  oerei) 
and  were  the  most  ordinary  gift  (Macrob.  i.  7, 
33;  Varro,  L.  X.  t.  64;  Mart.  r.  18),  which 


SCABELLUM 

may  poctibly,  as  some  think,  hare  a  symbolical 
referenoe  to  the  festival  of  waning  light  in  the 
8«a8on  of  brmna ;  it  may  be  noticed  also  that 
candles  were  the  light  of  primitive  times  before 
oil  lamps  were  known  (Varro,  L,  L,  v.  119), 
aad  so  may  hare  belonged  to  a  primitive  fes- 
tival. The  sigUiaria  or  Btgilioy  which  were 
especially  characteristic  of  the  Saturnalia  (Sen. 
Sp.  zii.  3;  Saet.  Claud,  5;  Macrob.  i.  11,  49; 
Spartian.  Cbrae.  1,  Hadr,  17  ;  Mart.  xiv.  182), 
were  small  figures  of  terra«cotta  and  possibly 
sometimes  of  dough  baked  hard  (Lobeck, 
Agiaoph.  1079).  Some  regarded  them  as  relics 
of  a  human  sacrifice  to  Saturn  (Macrob.  i.  11, 
48 ;  compb  Owilla).  Hence  the  name  of  the 
street  Solaria  (Gell.  r.  4),  and  the  sale  or 
**  &ir  "  of  statuettes  which  lasted  for  four  days 
after  the  17th  of  December  was  called  sigiilaria; 
there  is  no  ground  for  the  supposition  that 
certain  of  the  festal  days  bore  that  name. 
(Marquardt,  Staatnerw.  iii.  586  ff.;  Preller, 
JUFm.  ifya.  p.  413.)  [W.  R.]    [G.  E.  M.] 

SCABELLUM.    [Ctmbalum.] 

8GALAE  (uKifutO-  1*  A  ladder.  These, 
whether  scaling-ladders  or  ladders  for  other 
purposes,  had  nothing  in  their  construction 
which  calls  for  comment.  %  (iofofioBfutC),  The 
staircase  of  a  house  [cf.  I>0MU8,  Vol.  1.  pp.  663  6, 
<>65  ^3*  l^^o  stairs  in  ordinary  houses  were  like 
lAdders,  except  that  they  had  flat  steps  instead 
of  mugs :  they  sometimes  led  directly  into  the 
strset  (Lir.  xzziz.  14).  Soaiae  graeoae  differed 
from  these  ladder  staircases  in  having  the  under 
side  of  the  step  enclosed,  so  that  the  feet  of  a 
person  going  up  them  would  not  be  visible  from 
below.  The  Klaminica  was  not  allowed  to 
ascend  a  high  flight  of  stairs  unless  they  were 
of  this  construction  (Gell.  z.  15 ;  Serv.  ad  Aen, 
iv.  646).  Compan  Becker-GttU,  Galluay  ii.  223 ; 
Kisscn,  Pompsn,  602.  [L.  S.]    [Q.  £.  M.] 

SGALPELLUM.    [Cbibuuoia.] 

8GALPBUM  was  the  name  which  might  no 
doubt  be  applied  to  any  instrument  which  could 
be  said  jcoipere,  and  so  it  includes  both  catting 
and  chiselling  tools.  Under  iiM  ibnaer  head 
we  have : — 

1.  The  shoemaker's  knife  for  cutting  leather 
=  the  Greek  ^fUXiy  or  afuXiw  (Hor.  SoLt  ii.  3, 
106;  Pollux,  TU.  83;  Plat.  Rep,  i.  p.  353  A, 
Ale.  L  p.  129  C).  There  is  a  distinction  between 
the  aidK%  which  has  a  straight  blade  like  an 
ordinary  knife  blade,  and  the  ro/is^f  or  wepi- 
ro/u^j  also  used  by  leather-cutters,  which  had 
a  crescent-shaped  blade  (Olympiodor.  p.  210). 
Blnmner  {Tecknol.  i.  273)  identifies  the  scalprum 
with  the  straight-bladed  a/iiKih  and  the  cutter 
crepidarku  with  the  rounded  rofu^, 

2.  Scalpnmi  iibrar6im(icaKafuyK^s),  tk  ^pen' 
knife  (Tac.  Ann.  r.  8 ;  Suet.  Vit  2)  =  aldXti 
ioimKeyKO^os  (Anth,  P.  vi.  295X  which  was 
used  to  -make  the  point  of  the  reed-pen. 
[Caiumos.] 

3.  A  grafting-knife  for  gardeners  (Plin.  JSf.  N. 
zvii.  f  119). 

4.  A  surgeon's  knife  (Cels.  viii.  3):  both 
eftlKil  and  ro/uhs  are  names  of  Ucr^mw  ipydKtta 
(Poll.  ir.  181).   [See  woodcut  under  Chibuboia.] 

Aa  a  chisel  we  have  the  eoaipnun  fabrile  (Uv. 
zzviL  49),  alike  for  wood  and  stone,  in  form 
resembling  a  modem  chisel  (see  cut  under 
CiBCiBro)  and  =  the  Greek  yK^^aio¥i  it  was 
•imck  with  a  mallet  (jnaUeue^  for  which  the 


SCALPTUBA 


601 


Greek  equivalent  is  icoAavr^p,  for  Rich  and 
Liddell  and  Scott  are  probably  mistaken  in  under- 
standing the  KohMTT^p  to  be  a  chisel.  (See 
Bltlmner,70cAfM>/oj/Mf,  ii.  211,  iii.  93.)   [G.  £.  M.1 

SCALPTUBA  (y>Mwru^  a^paytit^w,  Poll, 
rii.  209),  the  art  of  engraving  gems  or  hard 
stones  (for  the  uses  of  the  words  ^A^^iy,  xop- 
daa^tp,  ftoAdiTTciy,  aoalpere,  sculperef  &c.,  see 
Bliimner,  Technol,  ii.  167  ff.  and  Lezicons). 

The  present  article  deals  only  with  the 
methods  and  history  of  the  art  of  gem  engraving. 
Some  account  of  the  minerals  employed  will  be 
found  8.  V.  Gemma  ;  and  of  the  manner  in  which 
gems  were  worn,  s,  v,  Anulus. 

Tke  tec^nicai  Methods  cf  Oem  Engrafting. 

The  gems  first  employed  were  of  soft  materials, 
such  as  steatite,  and  could  be  engraved  either  with 
metal  tools,  or  with  pieces  of  harder  stones,  such 
as  obsidian.  The  Ethiopians  tipped  their  arrows 
with  a  sharpened  stone,  r^  icol  rckr  c^pifytBas 
7A^^ou^t  (cf.  Herod,  rii.  69).  But  nearly  all 
engraved  gems  were  too  hard  for  instruments  of 
metal ;  cf.  Pliny,  of  the  topaz :  **  sola  nobilium 
limam  sentit "  {If,  N,  xxxvU.  §  109).  Accord- 
ingly, the  different  methods  of  gem  engraving 
are  methods  for  applying  minute  fragments  of  a 
very  hard  material,  in  order  to  produce  the 
desired  effect  on  the  gem  to  be  engravell.  .  The 
ancient  modes  of  procedure  were  very  similar  to 
those  of  the  modern  engraver. 

The  diamond  was  sometimes  used  set  in  a 
pencil.  Thus,  Pliny,  IT.  N,  xzxvii.  f  60 :  minute 
diamond  splinters  **expetuntur  scalptoribus 
ferroque  includuntur  nullam  non  duritiem  ex 
fadli  cavantes."  So  also  Solinus  says  of  the 
hyadnth,  ^adamante  scribitur  et  notatur" 
(c  30,  p.  152).  Sometimes  minute  dust  of 
diamonds  or  Nazian  emery  powder  was  mized 
with  oil,  and  applied  by  friction  (cf.  Dioscor.  r. 
165,  fffL^piS  \iBos  4ariw,  f  riis  ifr^JN^vt  at  Soirrv- 
AioyA^^  vfi'^X*'*^*'  ^^*  Hesych.  s.  v.,  and 
Blnmner,  Technologies  iii.  p.  287). 

This  might  be  done  by  rubbing  the  mizture 
on  the  stone  either  with  a  blunt  metal  pencil 
worked  with  the  hand,  or  by  a  mechanically 
revolving  tool.  This  tool  might  either  be  a 
drill  worked  with  a  bow  (like  the  modem 
watchmaker's  drill ;  cf.  Cat.  of  Oems  m  the 
Britith  Mueewn,  PI.  E,  No.  305)  or  might  con- 
sist of  a  minute  revolving  wheel,  such  as  is  used 
by  the  modem  dentist,  but  fized  in  a  lathe. 
The  various  methods  are  briefly  indicated  by 
Pliny,  jr.  N,  xxxvii.  §  200,  '^tanta  differentia 
est  nt  aliae  (genunae)  ferro  scalpi  non  possint " 
(cannot  be  carved  with  a  metal  tool),  "  aliae  non 
nisi  retunso  "  (only  with  a  blunt  pencil,  to  rub 
in  emeir),  ^  omnes  autem  adamante  "  (with  the 
diamond  point);  ^'plurumum  vero  in  iis  tete- 
brarum  profidt  fervor  "  (the  use  of  the  drill). 

A  knowledge  of  the  different  methods  above 
enumerated  is  a  considerable  help  in  distin- 
guishing the  periods  of  gems,  as  different  kinds 
of  technique  prevailed  at  different  times.  The 
drill  is  much  used  in  the  early  '<  island  gems  " 
and  in  the  Etruscan  scarabs,  ftirther  described 
below.  It  had  either  a  pointed  end,  which  made 
hemispherical  depressions,  or  a  tubular  end  which 
produced  ring-like  grooves.  The  latter  form- 
only  occurs  in  the  gems  of  the  islands.  On  a 
larger  scale  it  may  be  traced  on  the  architectural 


M2  BCALPTUBA 

tcnlptarei   trom    Hjccbw.      (CL   ilw    CIoo. 
Sniaa,  1889,  p.  374.) 

In  genu  or  the  later  Greek  period  the  drill 
wu  rapplBnted  by  the  wheel,  which  bit  into  the 
itODe  with  its  cutting  edge.  At  the  beet  time 
the  whole  of  the  interior  of  the  deuga  wu 
■Aerwenli  carefully  worked  over  with  the 
blunt  point  (/rrruin  r«ttBuuiii)  and  emerr 
powder,  to  >j  to  oblilerate  the  tnwee  of  the  drill 
or  of  the  wheel.  In  late  Roman  genu,  executed 
hutily  with  the  wheel,  the  cute  are  verj 
apparent.  It  ia  often  poiuble  to  count  the 
Dumber  of  cnta  that  hare  been  taken  with  the 
wheel.  The  diamond  pencil  wu  only  need  (or 
the  fineet  work,  toch  ai  the  hair  and  for  the 
minute  final  touchee,  Splinten  of  oatradae,  a 
word  of  unknown  meaning,  ware  alio  employed 
like  the  diamond  point  (Plin.  B.  N.  iiirii. 
g  177).  For  a  Aill  aeoannt  of  the  gem  en- 
graTen'methoda,  With  iUnitrationi,  ice  Uariette, 
IVtnM'  ik>  Piama  gratfn,  toL  i.  p.  195  ;  Matter, 
JlittAodt  d*  gravrr  en  Pterrei  fiMt  j  Blamner, 
TechMOegii,  Hi.  p.  379. 

Sittay  of  Qtm  Eagraviiig. 


with  the  Mycenaean  period  of  culture,    thei 

11     1 i..^  ^^^  inappropriat 

s  ^*  (Gennau,  Iiuei 
t  Uycuiae  (Schlie- 

in  the  cloeely-allied 
>iita"of  Henidl  (tolling,  Sufmttgr,^  bei 
Mmidi,  pi.  t1.)  and  SpiU  (Ball,  dt  Orr.  UelUn. 
A.  lere,  p.  334).  They  are  alio  (band  in  the 
iilandi  of  the  Aegeu^  ai  Uel»  (iftlMoAmgen 
(be  Itat.  Athtn.  1886,  pi.  ti.)  aod  at  lalyui 
in  Rhodes  (Cat.  <^  Qemt  m  Oa  Brit.  JITtu. 
Noe.  104-«>  The  itonei  are  tor  the  moit  part 
of  one  of  two  forma,  either  lentiaUar  <•'.«.  bean- 
ahiped)  or  ^ndujar  (in  the  form  of  the  sling- 
bolt).  The  material  meet  frequently  Died  ii 
iteatite,  which 


I  and  3  are  from 
Henidi,  aad  repreient 
reipectirelya  iryphoa 
and  two  tione.  Fig.  3 
ii  from  Ueloa,  and 
repretent*  a  winged 
Triton  and  a  Gih. 

The  importance  of 
this  cUh  of  gems  lies 
in  the  fact  that  they 
show  a  continuity  of 
derelopment  between 
the  periods  of  Hy- 
oenaa  and  of  historical 
Greece.  On  the  one 
hand,  they  are  (bund 
U  Mycenaean  gntria, 


SCALPTUBA 

and  oecaaioaally  reprodoea  the  ebtrwiteriettc 
motlTea  of  Hycenaean  •cnlpture  (camp,  the  gemt, 
Srii.  Mia.  CaL  pi.  A,  106,  ud  '£^  tfx-  1B«^ 
pi.  10,  fig.  2,  with  the  Gftte  of  Liou) ;  an  the 
other  hand,  genu  of  the  mum  style  and  fDimi  as 
the  preceding  are  llam>d  with  Grsek  mythological 
typea,  whioh,  it  is  to  be  noted,  do  Dot  occur  at 
Uycenae.  (See  aboT«,  fig.  3,)  Among  the  typs 
that  occur  an  figurai  of  Pegaa«  (Brit.  Mut- 
Cat.  31-36,  pi.  A);  of  a  winged  Goreon  <Vit- 
IhtiL  ffej  Intt.  Atiita.  Abth.  188G,  pi.  tL 
fig.  13) ;  Ueraclea  and  Nereo*  (Brit.  ifiu.  Cat. 
pi.  A,  83);  a  CenUnr  (Brit.  Mttt.  Cat.  84; 
Arch.  Ztit.  1883,  pL  iri.  fig,  16);  and  ProiD»- 
theus  (?),  on  a  gam  of  the  Ute  Adxiintl  Spntt. 
MoreoTer,  theec  genu  are  feund  at  Meloa,  ia 
company  with  early  Greek  inscx^ioDS,  raaas, 
and  terra-cottas,  which  fii  the  date  of  the  tomba 
in  which  they  are  found  al  from  tha  te*eiith  la 
the  fifth  centDty.  Until  the  plaos  iaawwiaiiMd 
where  the  genu  in  queitJoD  ware  muuisciiired, 
the  question  muit  remain  somewhat  dottbtfnl ; 
but  it  seems  ponible  that  we  haTe  in  the 
"  island  gems  "  the  producti  of  an  art  which  was 
■Ue  to  resist  the  injury  commonly  auppaaed  to 
hare  been  earned  W  Dorian  iuTaden  to  the  more 
ambitious  arte  of  MjceDst.  It  is  to  be  obaerrad 
that  the  hardest  materials  are  mOat  fteqnent  >t 
the  earliest  period — a  fact  that  anggesta  an  art 
paating  through  a  period  of  decadence.  (Cf. 
Milchhoefer,  Die  Ait^ngi  <kr  f  unit  m  Grieelm*. 
land,  p.  39;  Fnrtwaengler  and  Lotsdicke, 
Jlyit7uaa/ia  Vosn ;  Dnemnxler,  in  JUtthtil.  da 
Init.  JiAfflt.  1886,  p.  170.) 

Though  the  class  of  gems  just  deaeribed  «■• 
contiDUons  till  historical  time),  yet  It  ■urriTed     ' 
ited  [dienomenon  ;  and  for  the  general 


history  of  Greek  a 


I  Etruscan 


Independent  origin. 

When  the  Greeks  and  Etmscans  in  hiitorical 
times  were  bronght  into  contact  with  Oriental 
cuitoma,  by  the  agency  of  the  Phoenidana,  they 
were  introduced  to  two  forms  of  gems  which 
were  of  great  antiquity;  namely,  the  cjrUnder 
of  Babj-lonia  and  Assyria,  and  the  ■earabaena 
of  £gypt.  The  cylmder  was  perfontwi  loagi- 
tadinallyfer  auspentlon  by  a  cord,  or  mora  rarely 
mounted  on  a  swivel,  and  had  a  darioi  engiarci! 
Toundit.  IthadbeeuDsedinBabyloniaaiainl 
from  time  immemorial ;  but  the  form  did  not 
attract  the  Greeks  or  Etruecani,  andlDatanceaan 
very  rare  in  which  it  oocun.  We  find  It  piino- 
pally  in  deposita  immediately  anbject  to  Oriental 
infiuencei,  ai  at  Camiros,  in  Bhods*  (Bnt  Mu. 
Cal.132);  In  Crpnu  CCe>nola,pl.iT.  1,  3)  ;  and 
at  Tharros,  in  Sardinia  (Brit.  Mm.  QO.  191).  Ke 
instance  can  be  qaoted  by  the  ptesent  writer  in 
nbloh  the  cylinder  iua  been  foDnd  in  ECmiu. 
The  only  Greek  example  known  to  him  was 
fonnd  atEartch,  in  a  grare  of  the  (bnrtb  century 
(CSnpte-reaifii,  1868,  pi.  1>  King  (AnHqm 
Oaiu  and  Singi,  i.  p.  48)  deacribes  a  cylinder  in 
the  Herti  Coll.  (Salt  Cat.  No.  407)  engisTed  by 
a  Greek  artist,  but  immediately  under  Perdan 
indnence. 

The  scarabMne,  on  the  .other  hand,  is  inti- 
mately cDUMcted  with  the  biitory  of  Greek 
gem  engTBTii^,  and  sUll  more  so  with  that  of 
Etruacan'gem  engraTii^.  It  owe*  ita  oririn  to 
Egyptian  theology,  in  which  theEgrptianbn^la, 
3eanAamu  metr,  with  a  ball  of  mud  ccntaining 
iU  eggi^  was  emUematic  of  the  delij  Khqicr, 


SGALFTUBA 


BCALPTUBA 


eo3 


wuriar*,  w  be- 
ing ODly  of  tho 
mil*  MX.  From 
ita  Kligioni  lig- 


ucnd  emblem 
•ad  amnlet,  uid  from 
euly  timei  vu  buried 
with  thaEaifptiui  dead, 


Mb,  in  Egypt, 


^'^^^^^BKf  kiuoglypUc  iiucrip- 
^^^^^S^  Use,  lodi  M  the  atmt 
ofskiug  OTof  k  pririte 
penon.  The  matcriali  moat  commanl j  OMd  were 
>t«atita  or  pomlun.  Bat  we  an  only  con- 
ceined  with  the  tttnb  when  it  had  been  adopted 
u  a  coDTeniesUy  ibi^ted  object  for  the  engTaver 
oattide  Egypt,  nod  when  all  idea  of  iU  aacred 
ligniGcanca  Lad  been  forgotten. 

When  worn,  the  scarab  wu  either  atniBg  od 
a  itring,  or  Mt  in  a  ring  with  a  iwirel  (cf.  cat, 
J.  E.  Andlui^  and  the  acconat  of  the  ring  of 
GygH,  Ptat.  Sip.  iL  359) ;  or  it  wae  xt  in  an 
immoTabU  boi-Htting  of  gold,  and  formed  part 
of  a  ring.  They  were  aUo  Kt,  in  Urge  nnm- 
ben,  in  Decklicei  and  jewellery. 

The  form  of  the  acaiab  wai  probably  commu- 
nicated to  tb*  Weatem  nation*  by  the  Phoeai- 
ciana,  althongh  recent  diicoveriee  at  HaDotatia 
niggtat  that  the  Greeka  urere  also  ageuta,  At 
Camiroi,  in  Rhodea,  a  conudenble  aamber  of 
acatabaei  have  been  diacoreiad,  pioUbty  of 
Phoenician  import.  They  aia  made  princdpally 
of  porcelain,  and  are  dittingoiihed  from  their 
Egyptian  prototypal  by  the  bluoderod  hiero- 
gly^ic*,  freqoantly  nuaaingleo,  and  by  remark- 
able inatancei  of  the  introduction  of  Aayrian 
cltmenta. 

The  aam*  characteriitio  indicatiou  of  Phoe- 
nidan  wrak  present  themaelTu  among  the 
■carabaM  of  Tharroa,  in  Sardinia ;  but  Uiere  the 
hien^lyphiea  are  fewer  in  number:  a  new  ma- 
terial, green  jaiper,  ia  intmdnced,  and  Or«k 
mythological  lubjecti  occar.  The  icarabi  of 
ThuTOt  are  therefore  of  Phoenician  (oi  rather, 
of  Carthaginian)  atyle,  combined  with  Oreek 
elnueata.  It  ia  moreoTer  probable  that  they 
belong  to  a  lata  date,  in  muy  inftancei  to  the 
•coond  cantwy  B.O.  {Bril.  Sfui.  Col.  Inlrod. 
p^  13).  When  the  acarabaeai  had  been  imported 
into  Etraria  by  the  Phoeniciani,  it  took  firm 
hold  of  the  national  taate  — for  what  pieciee 
reaaoni  canuat  be  eiplained,  bnt  probably  only 
became  the  form  waa  conreaient  and  ittractiTe. 
It  anten  largely  into  the  deiigiu  of  their 
jewellery,  c^.  necklaces,  and  ii  worn  on  rings. 
Thai  tha  recumbent  ligura  of  Seianti  Thaaunia 
in  the  British  Uaaeam  (Antits  DtBkmata;  i. 
^  SO)  haa  her  fingera  loaded  with  rings,  set 
with  icaraba,  ai  alnady  described. 

In  the  earlieet  Etrnscan  tombi  only  the  Im- 
ported Egyptian  or  Phoenician  icaTabaens  of 
steatite  or  parc«lain  occurs.  Thmlheceltbratad 
PalMnntamb(neaT  Vnld),  whose  content*  an 


now  in  the  Britieh  Mnaaam,  contained,  among 
other  Phoenician  warei,  lereral  porcelain  scara- 
baei.  One  Id  particular  haa  the  cartonch*  of 
king  Piammetlchoi  I.  (611  B.C.),  and  Giea  the 
earliest  posiible  date  of  the  tomb.  It  alio 
girea  a  date  earlier  than  the  Etniiean  acaraba 
proper,  which  were  not  represented  in  the  tomb. 
Etruscan  scarabs  are  mort  commonly  of  red  sard. 
The  beetle  form  of  tha  scarab  la  often  carrad 
with  care  and  nalistic  aamracy.  Tha  anbjects 
ara  umally  taken  from  Greek  mythology.  The 
inscriptions  are  in  Etmtcan,  and  genoriilly  give 
in  Etmscan  form  the  names  of  the  person*  repra- 
seatad,  though  not  always  correirtly.  The  name 
of  the  artist  never  occurs,  and  that  of  the 
owner  aeldom.  An  example  occur*  in  the 
British  Uusenm  (Cat.  No.  S41),  inscribed  TanA- 
■os  (Tarqninius).  Tha  Etnwon  scarabs  may 
ba  dJTidsd  according  to  their  technique  (see 
above)  into  two  claaees:  (I)  gema  principally 
engraved  with  the  blunt  tool  and  with  amary 
powdar,  often  with  much  refinement  and  deli- 
cacy. The**  work*  are  hard  t«  diatingniah, 
apart  from  the  inscriptlona,  from  early  Gr«ek 
work.    A  celabratad  early  Etmaean  gem,  now 


at  Berlin,  U  here  engraved.  The  design  r»> 
prcaents,  with  the  trne  flleling  of  archaic  art, 
a  council  of  Gve  of  the  heroes  who  fonght 
against  Thebes.  The  names  are  added,  tIi- 
Ph^liiiot  (Polynieee),  TnU  (Tydeiu).  AmpUian 
(Amphiaraos),  Atratki  (Adrastoe),  and  Pariha- 
tiapatt  (Fartbenopaios).  (Winckelmann,  SM.  is 
FArt,  book  iii.  chap.  1 ;  Toalken,  Preutt.  Qtta- 
memaanmlw^,  75,  76.)  (2)  The  second  kind  of 
EtrascBD  gems  is  eiecuted  almost  entirely  by 
Ihedrill  making  small  hemispherical  depression* 
in  the  inta^io,  or  boesy  projections  in  the  im* 
pression.  The  resalting  deaign,  DiusUy  some 
simple  subject,  such  as  a  hotse,  is  very  roogb 
and  is  often  hard  to  distinguish.  The  gems  are 
known  as  gems  a  globobi  tomio. 
As  we  lure  seen,  the  native  Etmaean  scarab* 


older  ha*  bean  a  subject  of  dispute;  but  tha  re- 
cord* of  tha  finds,  scanty  though  they  are,  seem 
to  show  that  the  gems  a  gMolo  tmde  are  the 
latest.  The  acnrab  carefully  ongrav»d  with  the 
point  is  found  ie  graves  with  vases  af  the  black- 
figsied  and  early  red-6gured  styles;  that  a, 
during  the  iifth  ceotnry.  The  rougher  genu  a 
glabolo  brndo  are  found  with  vases  of  the  fourth 
centory  and  later.    Thu^  at  Vnl«i,  a  pm  of 


604 


SCALPTUBA 


SCALPTURA 


this  style,  representing  a  satyr  with  a  hone's 
tail,  was  found  with  three  red-figared  vases  of 
the  fourth  century;  at  Tharros  a  similar  gem 
was  found  in  a  tomh  of  the  third  century. 

Gem  Engraving  in  Greece, — We  now  turn  to 
the  history  of  gem  engraving  in  hbtorical 
Greece;  and,  before  discussing  gems  actually 
extant,  we  nmy  review  the  meagre  information 
contained  in  ancient  literature. 

That  which  haa  given  the  strongest  impulse 
to  the  art  of  the  gem  engraver  has  always  been 
the  use  of  gems  for  seals.  We  have  already 
seen  that  gems  were  used  for  seals  by  Oriental 
nations  long  before  the  time  of  Homer,  and  also 
that  engraved  rings  and  stones,  such  as  might 
well  be  used  for  seals,  were  found  amongst  the 
Mycenaean  and  analogous  deposits.  But  it  had 
been  already  observed  by  Pliny  (IT.  N.  xxxiii. 
§  12)  that  the  use  of  seals  was  unknown  to 
Homer,  as  they  are  not  used  in  oases  where  they 
aeem  required,  as  in  77.  vi.  169,  Od,  viii.  447. 

The  question,  therefore,  when  the  Greeks  began 
to  use  seals  b  one  that  cannot  be  answered  from 
literary  sources,  which  are  also  silent  with  re- 
spect to  the  beginnings  of  gem  engraving.  There 
are  indications,  however,  that  in  the  ^ginning 
of  the  sixth  century  B.C.  a  considerable  degree  of 
proficiency  in  the  art  had  been  reached.  Thus 
Solon  is  said  to  have  made  a  law,  doubtless  as  a 
precaution  against  fraud,  that  no  engraver 
ifioKTvKioyX^fpos)  should  retain  an  impression  of 
A  ring  that  he  had  sold  (Diog.  Laert.  i.  57). 
It  has  been  suggested  [see  Anulus]  that  this 
regulation  referred  to  seals  carved  in  metal 
lings  (e,g.  Schliemann,  Mycenae,  fig.  530)  rather 
than  in  gems.  But  there  is  independent  evi- 
dence that  gems  were  in  use  about  the  time  of 
Solon  (cf.  fragment  of  Solon,  op.  Stob.  45,  9 ; 
and  Theogn.  Seateat.  1.  19). 

The  first  gem  engraver  known  bv  name  was 
Mnesarchos  of  Samoa,  father  of  Pythagoras. 
He  must  have  lived  about  580  D.a,  and  was  a 
gem  engraver  of  great  skill,  who  sought  credit, 
rather  than  wealth,  from  his  art  (Diog.  Laert. 
viii.  1;  Apul.  Florid,  ii.  15,  3).  Something 
may  be  inferred  as  to  the  character  of  subjects 
already  prevalent  for  engraving,  from  the  fact 
that  it  was  a  special  mark  of  the  followers  of 
Pythagoras  not  to  wear  a  god  in  their  rings 
(L>iog.  Laert.  viii.  17). 

The  second  gem  engraver  known  by  name  was 
Theodores,  son  of  Teledes,  an  artist  noted  for  his 
versatility,  and  author  of  the  famous  ring  of  Poly- 
crates.  Pliny  {H.  N,  xxxvii.  f  f  4,  8)  describes 
a  stone  which  had  been  placed  by  Augustus  in 
the  Temple  of  Concord  at  Rome,  and  which  was 
reputed  to  be  the  gem  of  Polycrates ;  he  states 
that  it  was  an  uncut  sardonyx.  According  to 
Herodotus  (iii.  41),  the  stone  was  an  emerald. 
It  has  been  maintidned  that  the  stone  was  uncut, 
and  that  the  value  lay  in  the  material.  This 
was  the  theory  of  Lessing  (An^  Brief e,  21). 
But  on  this  question  the  statements  of  Pliny  are 
obviously  no  authority,  as  he  was  merely  de- 
^ribing  a  stone  supposed  in  his  time  to  be  that 
of  Polycrates.  The  phrase  of  Herodotus,  a^prf 
yls  Xfrtf(r69eTos  (Her.  iii.  41 ;  cf.  I  195),  dis- 
tinetly -implies  an  engraved  seal,  mounted  in 
gold,  and  was  so  understood  by  Pausanias  (viiL 
14X  Tsetses  (CMi,  vii.  210),  and  Strabo  (xiv. 
p.  638,  Sflurr^Xiov  \i9ov  aral  yK^fifueros  wo\u- 
TtXovi>     Clemeot  of  Alexandria  (JPatiag.  iii. 


246;  p.  289  in  Potter's  ed.)  lUtes,  on  wbst 
authority  we  do  not  know,  that  the  subject 
was  a  lyre.  Theodores  seems  to  hare  been 
represented  as  a  gem  engraver  in  a  portrsit 
statue  made  by  himself.  It  is  stated  (Pliny, 
H,  K  xxxiv.  §  83)  that  in  this  statue  he  held 
in  the  right  hand  a  file,  in  the  left  hand  '*  qnscl> 
rigulam  tantae  parvitatis  ut  miraculo  pictsm 
(fictam)  eam,  currumque  et  aurigam  integeret 
alls  simul  facta  musca."  This  passage  has  been 
brilliantly  explained  by  Benndorf  (Zeitecftr.  fir 
Oest  Gymnasien^  1873,  p.  406)  to  mean  that 
Theodores  held  a  scarabaeus  in  his  hand,  with  • 
quadriga  and  charioteer  engraved  on  its  base. 
There  is  such  a  scarabaeus  in  the  Britiih 
Museum  (Cat,  of  Gemsj  pL  D,  254).  It  should 
be  observed  that  the  same  story  is  told  in 
almost  the  same  words  of  Myrmeddes — ^in  t 
context  which  suggesta  that  Pliny  himself  did 
not  understand  the  meaning  of  what  he  wu 
reporting :  **  Myrmecides  quidem  ....  inclsrnit, 
quadriga  ex  ebore,  quam  musca  intageret  alis  fab- 
ricata,  et  nave  quam  apicula  pinnis  abscondeict" 
(JSr.  N,  vii.  §  85,  xxxvi.  §  43 ;  cf.  Aelian,  Var, 
ffitt,  i.  17;  Pint.  adv.  iSMbos,  44>  Choero* 
boecos,  in  Bekker's  Anecd,  iL  p.  651,  tells  th« 
story  in  a  corrupted  form,  in  which  the  flj 
drew  the  chariot,  as  well  as  covered  it,  with  iu 
wings.  If  we  omit  an  uncertain  allusion  to  one 
Trausias,  in  a  fragment  of  a  speech  by  Ljtiss. 
wtpl  Tov  rvvev,  and  the  amateur  productioas  of 
Hippias,  the  sophist  (Apul.  Flor,  ii.),  there  u  a 
break  in  the  literary  history  till  the  time  of 
Alexander.  The  inscriptions^  however,  snflS- 
ciently  indicata  the  common  use  of  ringi  and 
seals,  and  the  practice  of  dedicating  theni  as 
worthy  offerings  to  a  deity.  Compare  the 
entries  in  the  treasure  list  of  the  Parthenoo  for 
398  B.C, :  <r^aylf  xpv^^vr  Soirr^AMr  Ixsv^s, 
Ad^iKXa  Ar^KC  . . .  o'^poyiSe  UiXUm  woudXa 
(coloured  glass  pastes),  wtpunxfy^tft^^*^  ^^ 

<rea   XP^^^'    Ix^vv"*    '^^    ^^p^h  ■(•^•^ 
(C.  /.  G.  151  B,  1.  50). 

The  employment  of  a  public  seal  also  makes  iti 
appearance.  So  in  the  Pkirthenon  inventon«, 
early  in  the  fourth  century,  Tpc^i^iorcier  iwhpt 
$ov\ns  r^s  i^  'Apcbv  wdTov  ^w^/tmefivor 
(Michaelis,  Parthenon,  p.  298).  Cf.  C.I.O. 
Addenda,  21526,  from  Carystus,  rW  rayder 
iLWoa[rtiKeu  dufTQypaipor  rovtc  rev  ^filfiff*'"^ 
ffflfjumw  r^  irifiooi^  tr^payeTBt.  So  also  C  1. 0. 
2265,  2332,  2347c,  2557,  3053.  The  public 
seal  seems  to  have  served  as  the  seal  of  an 
official  witness,  or  to  mark  an  official  copy  of  a 
document.  Such  a  seal,  with  the  design  of  a 
dolphin  and  a  club,  frequently  occurs  among  s 
large  deposit  of  clay  impressions  of  seals,  fonsd 
at  Selinus  {AtU  dei  lAnoei,  NoUxk  degii  Scati, 
1883,  pi.  vii.).  The  clay  seals  in  question  Ktred 
to  secure  wooden  tablets,  and  the  supposed 
public  seal  is  in  the  middle,  with  the  seals  of 
the  parties  at  each  side.  Before  the  thresd 
fastening  the  tablet  was  severed,  the  contract' 
ing  parties  admitted  the  authenticity  of  the  seal 
(Cicero,  in  Cat.  iiL  5, 10;  Paulns,  Sententiat,  ▼. 
tit.  XXV.). 

The  next  engraver  after  Theodoras,  of  whMi 
literary  record  is  preeerved,  is  Pywoteles.  H« 
was  chief  of  his  craft  in  the  time  of  Alexsader, 
as  that  king  issued  an  edict,  '<quo  vetuit  in  bsc 
gemma  (cmaragdo)  ab  alio  se  scalpi,  qo*n  * 
Pyrgotele,    non   dubie    clarissiao  artis  eies 


80ALPTUBA 


8CALPTUBA 


605 


(Pliny,  H.  N»  zjczvii.  §  8).  Pliny  also  states,  in 
more  general  terms,  that  Alexander  decreed  that 
Apelles  alone  should  paint  his  portrait  and 
Pyrgoteles  engrare  it,  and  Lysippos  cast  it  in 
bronze  (J/.  N,  Yii.  §  125).  It  may  be  con- 
jectured that  the  passage  Hrst  quoted  combines 
a  prohibition  and  a  command,  and  that  Alex- 
ander (if  there  was  any  truth  in  the  story) 
ordered  that  only  Pyrgoteles  should  engrave  his 
portrait,  and  that  Pyrgoteles  should  engrave  it 
on  an  emerald. 

The  remaining  engravers  known  to  us  are 
Apollonides  andOronius,  who  were  renowned,  in 
succession  to  Pyrgoteles ;  and  Dioscorides,  who 
made  an  ezcellent  portrait  of  Augustus,  used  as 
a  seal  by  Augustni  himself  and  by  his  successors 
(Pliny,  H.  N,  zzzvii.  §  8 ;  Suet.  Aug,  50). 

The  foregoing  summary  of  our  literary  in- 
formation sufficiently  shows  that,  in  writing  a 
history  of  gem  engraving  among  the  Greeks,  we 
are  obliged  almott  ezciusively  to  study  the 
gems  themselves,  and  get  little  help  from  the 
ancient  writers. 

Greek  Gem  Engraving  before  Alexander. 

Few  Greek  ezamples,  comparatively  speaking, 
have  been  discovered  of  the  scarab;  and  this 
form,  which  was  so  universally  employed  by  the 
Phoenicians  and  the  Etruscans,  seems  to  have 
been  but  little  used  by  the  Greeks.  As  regards 
the  archaic  period,  this  fact  should  probably  be 
interpreted  as  indicating  the  limited  practice  of 
the  art  among  the  Greeks  in  early  times,  rather 
than  as  showing  any  special  distaste  for  this 
particular  form:  for  if  we  except  the  gems 
dexcrihed  above,  which  seem  to  carry  on  the 
tradition  of  the  **  gems  of  the  islands,"  early 
Greek  gems  are  almost  unknown  in  any  form 
except  the  scarab,  and  its  immediate  derivative 
the  scaraboid. 

A  few  of  the  most  important  instances  of 
scarabs  proved  to  be  Greek  by  the  inscriptiona, 
as  well  as  by  the  fact  that  they  were  found  on 
Greek  soil,  may  here  be  quoted.  The  stones  in 
qoestion  are  inscribed  either  with  a  sentence 
that  admits  of  no  ambiguity ;  or  simply  with  a 
proper  name  m  the  nominative  or  genitive  case, 
which  may  be  either  the  signature  of  the  artist 
or  the  name  of  the  owner.  There  has  been 
much  discussion  as  to  the  distinction  between 
the  two  classes.  But,  while  some  cases  must 
remain  doubtful,  the  general  principle  is  clear. 
An  owner^s  name  is  naturally  almost  a  part  of 
the  design,  intended  readily  to  catch  the  eye,  in 
the  impression.  An  artist's  signature,  on  the 
other  hand,  is  usually  unobtrusive,  and  only 
visible  if  sought  for.  A  parallel  may  be  found 
in  the  contrast  between  the  conspicuous  legends 
and  the  minute  sign&tures  on  a  signed  coin  of 
Syracuse,  or  on  an  English  sovereign. 

Early  Stones  inscribed  with  the  names  of 
the  Owners, — 1.  A  stone  found  at  Aegina,  with 
an  intaglio  design  of  a  scarabaeus 
with  wings  spread,  and  inscribed 
KptoprtSa  tlful  (BtdL  delP  Inst. 
1840,  p.  140).  2.  Scarab :  Dolphin, 
and  inscription  Bdpvios  ^fti  o'Vt^ 
fi'^  fi9  iifotye :  from  Greece  {Arch. 
ZeU.  1883,  pi.  16,  fig.  19).  3.  A 
plasma  scarab  from  Pergamon  con- 
tains a   lioness  about  to    attack; 


above  is  the  inscription  *Api0TOTe(x^r.  Furt- 
waengler  takes  Aristoteiches  for  an  artist,  con- 
tempoi-ary  with  Semon  (see  below),  and 
working  about  500  B.C.  But,  according  to- 
the  principle  enunciated  above,  he  seema 
rather  to  have  been  the  owner  of  the  seal,  as 
the  inscription  is  very  prominent,  along  the 
top  of  the  field.  The  gem  is  of  fine  archaic 
work  {Jahrb.  des  Inst.  1888,  p.  194;  pi.  8^ 
fig.  2).  4.  An  agate  scaraboid  in  the  British 
Museum  (Cat.  of  Gems^  No.  482)  contains 
nothing  except  the  name  of  the  owner  Isagoras 
in  large  letters. 

Early  Gems  inscribed  with  the  names  of  the 
Artists. — ^The  gem  engravers  earlier  than  the 
time  of  Alezander  who  are  known  by  their 
works  have  been  recently  enumerated  and  dis- 
cussed by  Furtwaengler  (Jahrb.  des  Inst.  1888, 
p.  194).    We  quote  some  of  the  most  important^ 

(1)  The  oldest  gem  known  with  an  artist'a 
signature  is  a  modification  of  the  scarab  form, 
having  a  satyr's  head  engraved  in  relief,  in 
place  of  the  beetle.  The  stone  in  question  is  a 
steatite,  in  the  British  Museum  {Cat.  of  Gems^ 
pi.  F,  No.  479;  Jahrb,  des  Inst.  1888,  pi.  8, 
fig.  1).  On  the  base  is  a  draped  and  bearded 
citharist,  and  the  inscription  2vp(^f  (or  'Xupias'y 
iwoinff^.  Furtwaengler  (t6.  p.  195)  ascribes 
the  work  on  epigraphic  ground  to  Euboea,  and 
proposes  a  date  as  early  as  550  B.a,  t.^.  between 
Mnesarchoa  and  Theodores. 

(2)  The  true  scarab  form  is  preserved  in  a 
black  jasper,  found  near  Troy,  and  now  at 
Berlin.  A  nude  woman  kneels  at  a  fountain, 
with  a  spout  in  the  form  of  a  lion's  mouth,  fill- 
ing her  pitcher.  It  is  inscribed  X'hiMwos.  Semon 
has  been  taken  for  an  owner's  name  by  Stephani 
and  Brunn.  But  Furtwaengler  is  probably 
right  in  taking  it,  on  account  of  its  inconspi- 
cuousness,  for  an  artist's  signature.  The  stone 
is  a  fine  specimen  of  archaic  work  on  the  point 
of  gaining  full  freedom.  Furtwaengler  places 
it  about  500  B.a,  and  it  is  certainly  not  much 
later  than  this  date  (Jahrb.  des  Inst.  1888, 
p.  116,  pi.  3,  fig.  6). 

Among  the  Greeks  the  details  of  the  scarab 
were  abandoned  early,  probably  in  the  fifth 
century;  but  the  general  form  was  retained, 
which  is  known  as  the  scaraboid.  Scaraboidal 
gems  have  the  flat  base  and  convex  back  of  & 
scarab,  but  there  is  no  attempt  whatever  to 
suggest  the  details  of  the  beetle.  The  scaraboid 
form  already  occurs  amongst  Phoenician  pro- 
ducts at  Camiros. 

There  are  few  instances  in  which  it  seems  to 
have  been  adopted  by  the  artists  who  produced 
the  **  gems  of  the  islands "  (see  above).  The 
most  common  subjects  are  figures  of  animals, 
of  somewhat  archaic  style  but  worked  with 
great  study  of  detaU  {Brit.  Mus.  Cat.  pi.  B,  113, 
114,  &c.).  The  most  important  work  on  scara- 
boids  belongs,  however,  to  a  rather  later  period, 
some  of  the  finest  of  the  Greek  gems  of  the 
fifth  and  fourth  cen- 
turies being  also  en- 
graved on  scaraboids. 

The  scaraboid  form 
was  that  employed  by 
the  most  distinguished 
of  Greek  gem  engra- 
vers, known  to  us  from 
his    works,    namely, 


606  8CALPTUBA 

DcumenM  of  Chios.  Tbe  aiUnt  worti  of 
DfumeniM  are  (I)  Chalotdouy  wsraboul  from 
K«rtoh,  DOW  in  ibe  Usrmitigs.  Flfiag  herou. 
Inscribed,  AE^AMENOZ  EHOIE  XIOZ 
fCompU  rmdtL  1681,  pi.  B,  10 ;  Ja!trbach  dn 
Imt.  1888,  pi.  8,  fig.  9).  (3) 
B  Agate  ■cBTBboid  from  South 
f  Rouii,  no*  in  the  Hermi- 
Haron  ituidiLg  od  one 
uid  grouhopper.  In- 
J  ecriUd,  AEZAMENOZ 
I  (CompU  rendu,  1805,  pi.  3, 
I  %.  40;  JaKrirvcKdm  ImLi^ 
1  pi.  S,  fig.  7).  (3)  ChalcedoDj' 
'  scaraboid,  [^m  Oresca  (7), 
now  in  the  tltiwilliam  Uiueam  at  Cambridgt. 
D  soatod  at  ber  toilet ;  before  bar  an 
_  attendant  with  mirror 
)  mcath.  Inicribed, 
lAEXAMENOZ,  and 
I  with  the  owaer'i  aamB 
I  MIKHZ  {JaJirb.  dn 
I  Inst.  1888,  pi.  8,  6g.  3). 
'"  K  JafpoT  Karaboid, 
at  Athena.  Con- 
_j  a  mala  portrait 
I  head.  Inacnbwl,  AEEA- 

Imenoz       EnoiE 

'(Jahrb.  dtt  /nil.  1836, 
pi.  8,  fig.  8).  The  aDthinticlt;  of  thi>  gem 
hai  Iwen  denied.  Deiamenoa  appean  to  hare 
worked  towardi  the  cloae  of  the  fifth  caatniy. 
He  ongrared  animal  forms,  aa  shown  b;  the 
fint  two  in  the  above  list,  with  admirable 
delicacy  and  grace.  In  hi*  figures,  as  seen 
in  No.  3,  he  is  not  free  from  a  certain  degree 
of  archaic  itiSbeis.  His  period  therefore  ii 
that  of  tramition  to  complete  fraedom.  He 
is  fortnnate  Id  tbe  fact  that  three  at  least  of 
his  reputed  works  are  entirely  free  fromdonbt. 
The  remaining  artists,  known  to  ns  by  their 
signatures,  who  are  assigned  b;  Furtwaengler 
with  fair  probabilitf  to  a  period  earlier  thai 
Alexauder,  are  Atbenades,  Olpnpios,  Onatas  (7), 
Pergamos,  Phrjgiltos.  For  a  discussion  of  tlia 
worki  of  these  artists  s«e  Furtwaengler's  articles 
in  the  JahrimcS  da  /tut  18BB,  pp.  119,  197, 
Athenades  is  known  only  b;  an  Intaglio  in  gold 
from  Kerteh  (ib.  pi.  8,  fig.  8).  Olympioe  ie 
identified  by  pDrtwiengler  with  the  author  of 
certain  aigued  Arcadian  coina,  of  about  370  B.O. 
(Gardner,  Types,  pi.  riii.  fig.  93)  ;  and  Phrygillos 
With  tbe  author  of  certain  coini  of  Siracase  of 
the  end  of  tbe  dfth  century  (Weil,  Kumttterit- 
ichriflen  der  Sidiiichen  MSmm,  pi.  I,  figs. 
9,  10), 

ttiple  of  a  9ceraboid  insoribod  with 


one  characters  that 
the  name  of  an  artist. 

Towards  the  close  of  tbe  early  period,  forma 
for  gems  other  than  tbe  scarab  and  the  scarabold 
begin  to  come  Into  nae.    Thni,  one  of  the  fineat 


SOALPTUEA. 

t»x\y  genu  in  the  British  Miuanm,  with  a 
figora  <^  a  dthariat,  is  engrared  on  a  saction  of 
a  tnincatad  glaod  (Cat.  of 
Genu,  fJ.  F,  555).  By  the 
doae  of  the  filth  ceDtury 
tbe  Greeks  were  beginning 
to  discover  that  a  thin  iliu 
of  stone  produced  effects  by 
its  transincencf,  and  econo- 
miaad  material.  Tbe  scanb 
and  the  acaraboidal  funn 
were  therefore  a1 


reviewed  the  early  period  of 
Greek  gem  eugraring.  In  this  art,  more  than 
in  any  other,  those  characteriatica  are  seen 
which  attract  the  student  in  all  archuc  work. 
The  early  genu  are  diatingniahed  by  a  certain 
dainty  minntaneii  and  precision — not  beeaoss 
the  artist  is  trying  to  be  minute,  but  because  be 
is  taking  pains  with  his  work,  and  devoting 
patient  attention  to  every  detail.     }Ior  is  the 


orkn; 


n  theae 


e  that  tbe  a: 


conceal  his  metbodo,  and  to  obliterate  all  trace 
of  tbe  tool.  When  an  archaic  gem  ;ii  highly 
magnified,  it  is  seen  to  be  a  gem  enlarged  and 
not  a  group  of  sculpture.  Farther,  this  daiaty 
minuteness  ii  combined  with  a  meaiund  re- 
straint, cbaracteriitic  of  all  archaic  work,  bo( 
particularly  of  gema.  A  limittd  inbject  is 
concisely  rendersd,  and  Do  ragna  compoaitiuai 
are  attempted,  filled  with  floating  dnperld, 
landscapes,  and  dijecb  made  small  by  distanct. 

Gem  Engrming  fnm  the  ttrnt  of  AJexaaiir. 

Early  in  the  fonzth  century  the  engraver  hsd 
obtained  complete  maatery  orer  his  materials, 
and  those  charactatiitic*  which  clearly  dittii- 
guish  the  earUer  gems  are  henceforth  wanting; 
and  aooordingly  it  beoomes  difficult  (with  certain 
uotablc  eiMptiona)  to  awgn  genu  with  pre- 
oiiiim  to  a  definite  point  in  a  period  of  sctuiI 
csitnrie*.  Moreover,  in  Xhe  caaa  of  gems  ir> 
pnted  to  he  signed  by  the  artist,  the  matter  is 
complicated  by  diSenlt  qaestions  aa  to  tbe 
authenticity  of  the  gems  and  of  tbe  signatoni. 
The  coune  of  history  ia  marked  more  by  tbi 
introdoetton  of  new  featnres,  anch  aa  the  caim 
and  portreitnre,  than  by  a  marked  dcrelopmeot 
of  Btyle-  To  some  extent,  however,  the  gemi 
show  the  iuHuence  of  the  spirit  prevailii^  in 
the  greater  arts-  The  artist  Athsnion  is  wtU 
known  by  a  sardonyx  cameo,  now  at  Hsplts: 
Zens  advances  in  his  chariot,  draim  by  foai 
horses,  and  overwhelms  two  anake-lerged  giiuts 
with  the  thunderbolt.  .  Signatnre,  AOHNinN. 
[*>(«>)>(•>*]  (J'oAriL  d.  IiuL  1888,  pL  8,  fig.  19). 
Atheuion  may  well  have  worked  at  Pergatnna, 
and  have  shared  or  imiUted  the  spirit  vbidi 
inspired  the  gnat  Pergamene  friese.  This  is 
confirmed  by  another  work  of  Athenion,  fn- 
serred  in  two  copies  in  paste,  of  each  of  which 
only  a  fivgmeut  survives.  The  two  an  cam- 
blned  in  one  sketch  in  JahH).  iht  Int.  18B3, 
p.  85.  The  subject  may  be,  h  Fartwaenglei 
suggests,  Enmenea  II.  of  Pergamon  driven  in  a 
triumphal  chariot  by  Athena. 

Portraitt. — The  development  of  porliailme 
on  genu  was,  for  the  moat  part,  subsequent  to 
the  reign  of  Alexander,  thoogh  a  few  earlier 


BOALFTUBA. 


qnoted.      Far 


,   Ox 


disputed  gem  of  Dbik 
coDtaini  >  dur*cteriatic  nals  portnit  hesd. 
Alriaader  himself  preKlibed  the  manner  in 
vbiuh  hii  portrait  wa*  to  be  eDgrarKi  by  Pyr- 
gotelei  (we  tbore)-  But,  no  doubt,  tlie  cnitom 
of  cngraTing;  portnita  on  the  coini,  iotroducsd 
by  th«  eoTly  IMadochi  at  the  end  of  the  fourth 
century,  tended  to  dcTelop  the  art  of  portrait- 
arc.  In  later  times  we  btn  of  portrait!  uwd 
10  frequently,  and  for  inch  Tarions  parpotei, 
that  there  ia  no  occaaioB  for  aurpriae  at  the 
Diimber  of  auideDtified  portrait!  in  all  collec- 
tioDi  of  gama.  The  portrait  of  Alexander  »ae 
Died  u  ■  ligael  by  Aagnitiu  (Plin.  H.  if, 
iiirii.  {  10),  and  u  a  family  creat  cm  the  riasB 
and  other  pmpeitT  of  the  Uacriaai  ^reb.  PdII. 
de  Quieto).  A  man  might  have  a  portrait  en- 
^raTod  on  a  gem  aa  b^g  that  df  an  anceator 
(V'al.  Mai.  iii.  5  ;  Cie.  in  Cat.  iU.  5,  10),  or  of  a 
teacher  (Oc  de  fin.  t.  2,  4 ;  cf.  Jnr.  Sat.  i\.  6), 
or  of  a  kinglj-  patron  (Plln.  Ep.  ad  Traj.  li, 
ed.  Keil),  or  of  a  predeceaaor  (Plin.  B.  N. 
lUTii.  I  8),  or  of  a  friend  (Ovid,  TWrfm,  i.  7, 
6),  or  of  himaelf  (5net.  Aag.  60).  Tbe  fineat 
eiamplea  of  portrattare  were  not  engraied  In 
intaglio  tOt  leaiE,  bat  were  thoae  oecarriDg  on 
tbe  greit  cameos  deicribed  baloir. 

Camao*.  —  Cameos  are  irorki  engiaTed  in 
itlief;  intaglio!  bsTC  a  annk  deaign.  Early 
GrMk  cameoa  seldom  ocenr,  beoaose  tbe  tnain 
object  of  the  engnTcn  waa  to  produce  leak 
The  form  occaaionally  occiin,  boweTer,  in 
early  Btmican  work:  compare  certain  j^or^on- 
tia  and  figures  of  barpiea,  in  low  relief,  on 
sard  (^Brit.  Mai.  Cat.  244-S48 ;  King, 
QtBU,  i.  p.  117).  T)ia  cameo  fbrm  alao 
ocenis  in  the  latyr'!  bead  eDgrand  on 
the  back  of  the  scarab  eigned  by  Syriea 
(see  abore,  p.  60S).  The  large  aaji 
repreienting  a  tra^<IapAai,  wb  ch  u 
mentioned  in  the  Athenian  treanre 
lilt  of  398  B.C.  (C  /.  A.  iL  853  8, 12 
cf.  Gehsa)  was  probably  a  oameo 
Bnt  it  uaa  not  till  after  the  t  me  of 
Aleunder  that  cameo-cutting  became 
an  art  of  importnnce.  There  a  a  re- 
markable aeries  of  portrait  (ameoi 
which  mark)  tbe  rise  of  the  art  Un 
fortunately,  there  it  mnch  donht  aa  to 
the  powKugei  represented,  a  tbongb 
archacologiata  are  for  the  mo  t  part 
agreed  Chat  they  are  membere  of  the 
"     I   of  the   Seleucidae   and    Lagidae 


'  a  coDiid  arable 

ind  they  are  worked  in  fine  style,  with 
wulth  of  detail.  It  has  beea  suggeated 
by  C.  Lenormant  ( IVftor  dt  Sumiimatigjie,  pi. 
"i.)  that  they  are  the  prodnctions  of  a  echool 
eDgraveis  at  Aleiandria.  Snch  a  acbool 
aeemi  very  poiaible,  though  eridenct  b  wanting. 
We  have  aeon  aboTe  that  Athenion  was  an 
artiat  in  cameo  who  may  well  hsTe  worbod  at 
Pergamon  in  the  reign  of  EameDea  II.  (IBT- 
1595-  At  about  tbia  time,  alao,  the  aardonji 
was  introduced  at  Borne  by  Scifno  Af^canos 
(Plin.  a.  N.  iJiTii.  g  85). 


of  the  regal  cameoi  already  described.  The 
imperial  cimeos  are  dtitingniihed  by  their 
great  site,  and  by  tbe  admirable  skill  with 
which  tbe  artiat  employe  the  differently  rolDored 
strata  of  hie  material,  and  arrangea  bia  c«mpo- 
lition  10  aa  beat  to  liLl  the  space  at  his  diaposal. 
We  may  mention  some  of  tbe  finest  ejitant 
examples.  That  which  was  formerly  reputed 
the  largest  of  the  aeiies,  the  Carpegna  cameo, 
(bnnerly  in  the  Vatican  and  now  in  the  Louvre, 
bu  been  shown  to  be  made  of  glass  (Buonarroti, 
Mtdagliau,'p.  427  ;  Miiller-Wieseter,  Dtnlmaler 
dtr  alien  Smit,  ii.  No.  116,  and  text).  The 
next  largeit  cameo  is  that  of  tbe  Sainte- 
Cbapelle,  now  in  the  French  BibUothtque 
Nationale.  This  magnificent  gem  is  a  sardonyx 
of  three  layera,  and  meiaurta  12  in.  bj  10}  in. 
It  waa  given  by  Baldwin  11.  to  Louia  IX., 
■nd  paiud  into  the  traaiarea  of  the  Sainte- 
Chapella,  ftvm  which  it  waa  ttansfemd  to  lis 
pretMil  t«*tiiif>plM«  in  1791.     .The  subject. 


estioi 


300  ai 


1  150  B 


suallv 


ThecJ 


t  tbe  bnsta 
t  figure  p  esum 
lis  consort.     The 


and  fe 
ably  a  lovereign  and 
BOTereigD    is   uauall;' 
Among  tbe  best  examples  are — (1)  The 
OoDiaga  cameo,  now  at  St.  Petershu  g 
•object,     Ptolemv     Pbiladolphoa     and 
Atiinoe  (Viiconti);  or  Ptolemy  I  and 
Euirdike  (Miillar,   Dcnkm.  der   (dtea 
A"i™(,  i.  No.  !2i;a).     (2)TbeVenna 
cameo ;  labject,  Ptolemy  Pb   adelpboe 
•nd  Areinoe,  danghlor  of  Lysimachoa 
(Miiller,   i>m*m,    dtr   allm  Kimit,   1. 
No.  227  a).     See  also  tbe  Berlin  cameo  (MQlIer, 
i.  No.  238),  and  the  cameo  in  the  De  Luynes 
Collection  in  the  French  Bibliothique  Rationale 
(0«.  Anh.  1885,  pi.  42,  p.  386).    The*  regal 


Cameo  of  the  8ilnte.aia|ialle. 

I  interpreted  aa  Joseph  in  Egypt,  ia  ptobablr 
a  and  Tiberius  enthroned,  receliring  Oer- 
icns  on  his  return  Irom  his  campaign  in 
A-D.   17.    Above   ia   a  group  of 


608 


80ALPTURA 


deified  members  of  the  Julian  homey  and  below 
a  group  of  barbaric  captives.  Antonia  is  seen 
to  the  right  of  Germanicus,  Agrippina  and  Cali- 
gula to  the  left :  the  group  in  the  hearens  con- 
tains, according  to  Bernoulli,  the  figures  of  the 
older  Dmsus  (with  the  shield),  Augustus  (with 
the  sceptre),  Aeneas  (with  the  sphere),  and 
Germanicus,  led  by  a  genius  and  mounted  on 
Pegasus.  (Bernoulli,  Rdm,  Ikonogr,  ii.  pL  xxz. 
p.  275;  Miiiler,  DenJL  der  alien  Kunst,  i. 
No.  378;  Chabouillet,  Catalogue,  No.  188; 
Baumeister,  DenknuUer,  fig.  1794.) 

Next  in  importance  to  the  French  cameo  is 
the  Gemma  Auguttea  of  Vienna.  This  is  an 
onyx  of  two  layers,  measuring  8|  by  7}  inches. 
This  gem  was,  in  the  fifteenth  century,  at  the 
abbey  of  St.  Gemin,  at  Toulouse,  where  it  had 
been  placed,  according  to  tradition,  by  Charle- 
magne. Since  1619  it  has  been  at  Vienna. 
The  subject  is  the  Pannonian  triumph  of 
Tiberius,  12  A.D.  Augustus  and  Roma  are 
enthroned ;  they  obserre  Tiberius  stepping  from 
his  chariot,  which  is  driven  by  Victory.  Ger- 
manicus stands  beside  Roma.  Allegorical 
figures  complete  the  composition  on  the  right ; 
below,  Roman  soldiers  are  engaeed  erecting  a 
trophy  and  bringing  barbarian  pruoners.  (&r- 
noulli,  Bdm.  Ikonogr,  ii.  pi.  xxix.  p.  262; 
Miiiler,  Denkm.  der  aiten  Kurut,  i.  No.  377; 
Chabouillet,  Gaz.  Arch.  1886,  pi.  31;  Bau- 
meister, DenkmaleTy  fig.  1793.) 

The  cameo  in  the  British  Museum,  with  a 
head  of  Augustus  (Cbf.  of  Oems^  1560  and 
frontisp.),  is  somewhat  of  the  same  order, 
though  a  much  smaller  work  than  the  fore- 
going. This  gem  was  at  first  identified  as 
Constantine  the  younger,  and  has  a  considerable 
resemblance  to  the  bust  of  that  emperor  as 
treated  on  the  coins ;  but  the  work  seems  that 
of  the  early  Empire,  and  the  features  are  those 
of  Augustus. 

Akin  to  the  great  cameos  are  the  vessels 
carved  in  precious  stones  of  surprising  magni- 
tude, with  designs  in  relief  (Cic.  in  Verr.  it.  27, 
62 :  **  Vas  vinarium,  ex  una  gemma  pergrandi, 
trulla  excavata").  First  among  these  is  the  cup 
of  Oriental  ^ardonyx,  known  as  the  cup  of  Si. 
Denys,  or  cup  of  the  Ptolemies,  and  now  pre- 
served in  the  French  Biblioth^ue  Nationale. 
It  is  a  cup  4(  inches  high,  5J  inches  in  diameter, 
elaborately  carved  with  Dionysiac  emblems  and 
attributes  in  low  relief  (Chabouillet,  Catalogue 
No.  279;  Baumeister,  DenkmSler,  fig.  478). 
Another  famous  cup  is  the  Tazza  Famese,  now 
in  the  Museum  at  Naples.  This  is  a  large 
shallow  cup  of  onyx,  in  the  interior  is  an 
allegorical  design  relating  to  Egypt ;  on  the 
exterior  is  a  Gorgoneion  (Millingen,  Anc,  Ufi" 
edited  Monuments^  ii.  pi.  xvii. ;  Mus,  Borb.  xii. 
pi.  47).  On  a  vase  of  onyx  at  Berlin,  see 
Thiersch,  Abh,  d.  1.  CL  d,  k,  Bayer,  Akad.  ii.  1, 
p.  63. 

The  costliness  of  the  material,  and  the  diflS- 
culty  of  obtaining  the  effects  of  layers  on  difierent 
colour  on  any  other  than  a  plane  surface,  led  to 
the  production  of  the  toreumata  vitriy  of  which 
the  Portland  Vase,  exhibited  in  the  British 
Museum,  is  the  most  noted  specimen.  This 
is  a  specimen  of  true  cameo  engraving,  only 
distinguished  by  the  fact  that  the  material 
to  be  carved  is  glass.  This  \ase  was  found  in 
the  sixteenth  century  near  Rome.    The  material 


8CALPTUBA 

consists  of  a  ground  of  dark  blue  glass,  and  an 
upper  layer  of  opaque  white  glass,  in  which  the 
design  was  engraved,  as  in  a  sardonyx.  It  is 
supposed  that  the  subjects  of  the  scenes  are  tal(«a 
from  the  myth  of  Peleus  and  llietis  (Millingen, 
Anc  Unedited  JfonumentSf  p.  27,  pi.  A ;  Brit. 
Mus,  Cat  2312 ;  cf.  ViTBUM).  The  great  Car- 
pegna  cameo  mentioned  above  belongs  to  this 
class  of  objects.  It  closely  resembles  a  sardonyx 
cameo  of  five  layers,  and  represents  a  trium* 
phal  procession  of  Dionysos  and  Demeter,  in  a 
car  drawn  by  Centaurs.  It  measures  16  by  12 
inches.  On  such  glass  imitations  of  sardonyx, 
see  King,  Precious  Stones,  p.  308. 

Intaglios  of  the  Soman  Empire, 

For  the  first  two  centuries  of  the  Empire, 
intaglio-engraving  maintained  a  high  degree  of 
excellence,  especially  in  its  techniad  qualities 
and  in  its  power  of  rendering  portraits.  AtUr 
that  period  the  falling  away  becomes  coDspicuoa&. 
The  chief  indication  of  decline  is  a  continoatlr 
increasing  use  of  the  wheel  for  executing  the 
whole  of  the  design — a  method  of  working  which 
necessarily  implies  carelessness  and  want  of 
finish.  Pietramari,  an  authority  quoted  br 
King  (^Antigua  Gems,  i.  p.  28),  thought  he  had 
observed  indications  of  wheel-cut  work  for  the 
first  time  about  the  period  of  Domitiao.  It  t« 
very  obtrusive  in  a  gem  which  can  be  dated 
with  tolerable  accuracy  as  about  250  A.O.  {Brit. 
Mus.  Cat,  1106).  Another  symptom  of  the 
decay  of  gem-engraving  is  the  introduction 
of  gold  coins  set  in  jewellery,  in  the  place  of 
gems,  a  practice  dating  from  about  the  time 
of  Caracalla.  The  only  gem-engraver  of  the 
imperial  period  whose,  name  is  recorded  in 
literature  is  Dioscorides,  the  author  of  a 
portrait  of  Augustus,  which  succeeding  princei 
used  as  a  seal  (Plin.  U.  N.  xxxviL  §  8 ;  SaeU 
Aug,  50).  A  considerable  number  of  gems,  pur- 
porting to  be  signed  by  Dioscorides,  have  be«B 
preserved.  We  also  learn  from  the  gem  inscrip- 
tions, that  Dioscorides  had  sons  or  pupih  Dam«(l 
Eutyches  and  Herophilos.  A  large  number  of 
other  gem-engravers  are  also  known  from  their 
signatures.    The  subject  is  discussed  below. 

Inscribed  Gems. 

There  are  numerous  gems  extant  which  pv^ 
port  to  be  inscribed  with  the  names  of  the 
artists.  The  antiquity  of  nearly  all  these  in' 
scriptions  has  been  called  in  question,  and  it  if 
certain  that  in  a  great  number  of  cases  either  a 
modem  inscription  has  been  added  to  an  aocient 
work,  or  else  both  engraving  and  inscription  are 
equally  recent.  The  greatest  difficulty  thai 
attends  the  study  is  that  of  distinguishing  the 
difierent  classes  of  inscribed  gems.  And  since 
we  have  to  deal  with  the  frauds  of  toor 
centuries,  there  is  no  branch  of  archaeological 
study  where  it  is  more  important  to  know  some- 
thing both  of  the  history  of  taste  since  the 
revival  of  learning,  and  of  the  personal  charac- 
ters of  the  persons  who  have  been  collectors. 

With  the  fall  of  the  Roman  Empire,  gem- 
engraving  became  ruder  and  finally  died  out 
Like  many  other  arts,  it  only  live  J  on  at 
Byzantium  to  be  communicated  again  to  the 
West  at  the  revival.    Meanwhile  the  ancient 


BCALPTURA 


SCALPTUBA 


609 


gems  were  regarded  either  with  reverence  or 
sapentition;  the  best  were  preserved  in  re- 
liquaries, and  the  less  important  were  need  as 
seals.  (See  S.  Thompson's  Photographs  from  the 
CoUecUona  in  the  Brit,  Mus,  No.  1024.)  With 
the  reyiral  of  learning  the  art  was  again 
practised,  and  ancient  gems  became  objects 
of  interest  from  the  antiquarian  and  artistic 
points  of  Tiew.  The  first  beginnings  of  the 
reTiTal  date  from  early  in  the  fourteenth  cen- 
tury (King,  HandR>,  of  Engr,  OemSj  p.  121). 
Cyriac  of  Ancona  gave  attention  to  gems  as  well 
as  to  other  branches  of  antiquity.  In  1445  he 
describes  a  gem  with  a  half-length  figure  of 
Athena,  and  quotes,  not  quite  accurately,  the 
inscription  EYTYXHC  I  AlOCKOVPIAOV  i 
Air€AIOC  €nOI|€l  (Fnrtwaengler,  JahH>, 
des  Inst.  1888,  p.  304,  pi.  10,  fig.  3). 

Paul  II.  (1471)  and  Lorenzo  de'  Medici  were 
enthusiastic  collectors  and  patrons.  But  the  gem- 
engraying  of  the  Cinque  Cento  period  is  more 
easily  distinguished  from  the  antique  than  is 
that  of  later  times.  The  artists  adhered  less 
minutely  to  classical  models,  and  as  a  rule  their 
compositions  are  more  full  of  detail  and  more 
fanciful.  There  is  also  a  different  range  of 
subjects,  stories  from  Roman  history  being 
frequently  chosen  for  illustration. 

In  the  sixteenth  century  antiquarian  studies 
began  to  influence  the  subject.  In  1570  FuWius 
Ursious  published  at  Romer  the  first  edition  of 
Imagines  lUvstrium  ex  Bibliotheca  Fuivi  Ursini, 
This  work  contains  a  collection  of  portraits, 
supposed  to  be  authenticated  by  inscriptions. 
In  the  first  edition  it  contains  (pll.  21,  23,  53) 
gems  inscribed  with  the  names  of  Homer,  Hesiod, 
Plato,  and  also  (pi.  49)  a  head  now  called 
Maecenas,  and  inscribed  COACJNOC.  The 
second  edition,  published  at  Antwerp  in  1598, 
omits  the  gems  inscribed  with  the  names  of 
Homer,  Hesiod,  and  Plato,  and  contains  the 
above-mentioned  head  of  Maecenas,  and  also 
No.  64  (^'Antinous'^  inscribed  EAAHN ; 
No.  75  (female  head),  inscribed  YAAOY  {Jahrb, 
d.  TnsL  1888,  pi.  10,  fig.  1);  No.  87  (cameo 
with  head  of  Germanicus),  inscribed  Efll- 
TYrXAINOC  €nOI€l)  (Brit  Mus.  Cat  of 
Gems^  1859);  No.  141  (head  ,of  Themistocles, 
inscribed  0EMICT).  In  every  case  the 
names  are  explained  as  those  of  the  persons 
represented;  e,g.  No.  75  is  Hylas.  The  first 
edition  of  this  work,  with  a  commentary,  ap- 
peared at  Antwerp  in  1606 :  Faber,  In  Imng, 
Illusir.  ex  F.  Ursini  Bibl.  Commeniarius.  Here 
there  are  the  same  plates  of  inscribed  gems  that 
occur  in  the  previous  edition ;  also  a  mention  of 
a  portrait  by  Mycon  (pref.  p.  4;  cf.  Stosch, 
Gvmmae^  p.  58);  an  allusion  to  Epitynchanos 
and  Zosimos  as  artists  (p.  52),  and  a  discussion 
of  the  authorship  of  certain  unsigned  gems 
(Nos.  39,  79,  87).  There  is  also  (p.  52)  a 
mention  of  an  Augustus  with  a  radiate  crown, 
si^ed  by  Dioscorides,  of  which  nothing  is 
known.  On  p.  66,  the  Heracles,  signed  TN AlOC, 
is  referred  to  {Bnt,  Mus,  Cat  pi.  H,  No.  1281), 
and  on  p.  67  a  Cupid  and  butterfly  of  Aulos. 

During  the  dose  of  the  sixteenth  century, 
and  through  the  seventeenth  centniy,  numerous 
signed  gems  were  becoming  known,  besides  those 
already  mentioned.  A  list  of  the  most  impor- 
tant here  follows,  stating  summarily  the  date, 
the  subject,  the  artist,  the  best  publication,  and 

▼OL.  II. 


the  manner  in  which  the  gem  first  became  known. 
Jahrb,  1888  or  1889  refers  to  Furtwaengler's 
articles  in  the  Jahrbuch  des  Arch.  InstitiUeSf 
1888  and  1889. 

1585.  Artemis  of  ApoUonios  (JaAr6.  1888, 
pi.  10,  fig.  8),  and  Hermes  of  Dioscorides  (Jahrb. 
1888,  pi.  8,  fig.  22).  Seen  by  Montjosieu 
(jQallus  JRomae  Hospes,  in  Gronov.  Thes.  ix. 
p.  790).  The  Hermes  afterwards  formed  part 
of  the  collection  belonging  to  the  Duke  of 
Marlborough. 

About  1600.  Rape  of  Palladion,  by  Solon 
(Jakfh.  1888,  pi.  8,  fig.  29).    Seen  by  Chaduc. 

1605.  Maecenas  of  Dioscorides.  Seen  by 
Peiresc  (Gassendi,  Vita  Peirescii,  p.  90).  This 
was  prolMnbly  not  identical  with  the  stone  now 
at  Paris. 

1606.  Bearded  head  with  name  of  Action  (Jahrb. 
1888,  pi.  11,  fig.  12).  In  possession  of  Peiresc 
(Gassendi,  op,  dt  lib.  ii.  p.  95).  Probably  modem. 

1625.  Julia  Titi  of  Enodos  (Jahrb,  1888, 
pi.  11,  fig.  4).  Enumerated  among  the  treasures 
of  the  Abbey  of  St.  Denys,  where  it  was  attached 
to  a  reliquary  said  to  have  been  given  by  Charles 
the  Bald.     (Doublet,  Hist,  de  VAVbaye,  p.  335.) 

1627.  Medvsa  of  Sosos  (?).  (Jahrh,  1888, 
pi.  8,  fig.  18.)  Published  by  Stefanoni.  Now 
in  the  British  Museum  (Carlisle  Collection). 

Before  1646.  Rape  of  Palladion,  by  Felix 
(Jahrb,  1888,  pi.  10,  fig.  7).  A  part  of  the 
Arundel  Collection. 

1657.  Apollo  of  <' Allien"  (Stosch,  Gemmae, 
pi.  viii.^.  Published  by  Agostini  (ed.  of  1657,  i. 
pi.  32,  p.  6).  Correct  reading,  AAA  I  ON. 
Meaning  doubtful. 

1669.  Athena  of  Aspasius  (Jahrb.  1888, 
pi.  10,  fig.  10).  Published  by  Canini,  loono^ 
grafioy  pi.  xcii. 

1669.  Athena,  with  name  of  Apollodotus 
(Stosch,  Qemmaej  pi.  x.).  Published  by  Canini, 
op.  cit.  pi.  xciii.  This  is  probably  an  owner's 
name.  It  was  first  explained  as  an  artist's  sig- 
nature by  Baudelot  de  Dairval  (De  I  *  Utility  £s 
Voyages,  1686,  i.  p.  31 1). 

About  1680.  Achilles  of  Pamphilns  (Jahrb. 
1888,  pi.  10,  fig.  4).  Presented  to  Louis  XIV. 
(Mariette,  Traite,  ii.  p.  viii.). 

1686.  Eros  on  lion,  of  Protarchus  (Jahrb. 
1888,  pi.  8,  fig.  20);  and  Muse  of  Onesas 
(Jahrb.  1888,  pi.  8,  fig.  16).  Published  by 
Agostini  (ed.  of  1686,  ii.  pi.  55,  7). 

Before  1694.  Augustus,  by  Herophilus,  son 
(or  pnpil)  of  Dioscorides  (Jahrb.  1888,  pi.  11, 
fig.  2).  In  the  monastery  of  Echternach.  De- 
scribed in  the  Ltuemiurgum  Bomanum  of 
Wiltheim,  who  died  in  1694.  (See  Brunn,  Or. 
KUnstler,  ii.  p.  506.) 

Before  1701.  Heracles  and  Cerberus  of  Dio- 
scorides (Jahrb.  1888,  pi.  3,  fig.  1>  Published 
by  Beger,  Thes.  Brand,  iii.  p.  192. 

1709.  Portrait  head  of  Agathopus  (Jahrb. 
1888,  pi.  8,  fig.  15).  Pnblbhed  by  Maffei, 
Gemme  Antiche,  i.  pi.  6. 

1709.  Strozzi  Medusa  of  Solon  (BrU.  Mus. 
Cat  pi.  H,  1256).  Published  by  Maffei,  op.  cit 
iv.  pi.  28.     Inscription  probably  modem. 

1709.  Adonis  of  Coenus  (Jahrb.  1888,  pi.  10, 
fig.  20).     Published  by  Maffei,  op.  cit.  iv.  pi.  20. 

In  1712  Orleans  (afterwards  Regent)  suggested 
that  the  Solon  of  the  Strozzi  gem  was  its  author, 
and  that  it  was  he  who  had  engraved  the  gem 
of  Folvius  Ursinus  previously  known  as  Solon 

2  B 


610 


8CALPTUKA 


SCALPTUBA 


and  afterwards  as  Maecenas.  This  theory, 
published  by  Bandelot  de  Dairval  in  1717 
{^Lettre  8W  le  pr€tendu  Solon)^  attracted  much 
attention  in  France  to  the  subject  of  artists' 
signatures.  But  in  Italy  the  Florentine 
Andrcini  had  already  been  engaged  for  several 
years  collecting  gems  with  artists'  signatures. 
By  the  testimony  of  Gori  (^Columb,  Liviae,  1727, 
p.  154)  it  was  Andreini  who  first  brought 
signed  gems  into  high  esteem. 

In  1724  Philip  von  Stosch  published  his 
Oemmae  antiquae  oaelatae^  Scalptorwn  nominSnu 
insignitaef  giving  all  the  gems  which  he  con- 
sidered genuine,  inscribed  with  proper  names; 
all  of  which  he  claimed  as  artists'  signatures. 
From  this  time  onwards  there  was  a  great 
demand  for  gems  with  artists'  signatures ;  and 
it  is  certain  that  after  this  period  forgeries 
became  frequent. 

Bracci  {Memorie  degli  Antichi  Incisori,  1784) 
and  others  made  lists  of  artists,  whose  nnmber 
was  continually  increasing.  At  length  in  1830 
the  climax  was  reached  when  Prince  Poniatowski 
had  formed  a  collection  of  signed  gems  which 
had  been  manufactured  to  meet  his  order;  and 
so  brought  the  subject  for  a  time  into  contempt. 

The  tirst  critical  examination  of  the  accumu- 
lated material  was  that  of  H.  K.  £.  Ktthler, 
whose  essay  was  edited  by  Stephani,  in  Kohler's 
Gmmmslte  Schriften,  vol.  iii.  (1851).  KOhler's 
inquiry  was  carried  on  in  such  a  sceptical  spirit 
that  he  only  admitted  five  gems  as  having 
authentic  signatures  (KOhler,  iii.  p.  206).  The 
subject  has  since  been  reviewed  by  Stephani, 
Uitber  einige  angebliche  Steinachneider :  M€fn,  de 
VAoadimie  de  P^ersbourg,  vi*  s4r.  Sciences 
polit.,  vol.  viii.  p.  185;  Brunn,  Geeoh.  der 
griech.  Kunstler  (1859),  ii.  p.  441 ;  Chabouillet, 
Oax,  Arch.  1885--6;  and  Furtwaengler,  Jahrh. 
d.  Itut.  1888,  1889.  Stephani  and  Chabouillet 
are  sceptical,  while  Brunn  and  Furtwaengler 
admit  a  large  number  of  signatures. 

Having  completed  our  review  of  the  materials 
available,  we  make  the  following  observations. 

1.  A  certain  number  of  signatures  may  be 
accepted  without  the  least  hesitation.  These 
gems  are :— (a)  Early  Greek  gems  only  recently 
discovered  and  in  a  s^yle  quite  unknown  to  the 
forgers ;  as  the  gems  signed  by  Dexamenos  and 
Syries.  (6)  Gems  whose  history  can  be  traced 
back  beyond  the  revival  of  art ;  as  the  gem 
of  Eutyches  and  probably  that  of  Euodos. 
(c)  Cameos  of  certain  authenticity  where  the 
insonption  stands  out  in  relief,  as  in  the  Giganto- 
machia  of  Athenion. 

2.  A  considerable  number  may  be  rejected 
without  hesitation,  (a)  Where  the  inscription 
is  illiterate  or  impossible,  or  where  €nOI€l  is 
shortened  to  €11.  (6)  Where  the  gem  is  an 
exact     replica    of    another     already    famous. 

(c)  Where  the  material  is  one  to  which  the 
ancients  had  no  access,  e.g.  BriL  Mus,  Cat.  985. 

(d)  Where  the  work  appears  modem,  and  the 
motive  of  the  forger  is  manifest,  as  in  the 
Alexander  of  Pyrgoteles :  Brit  Mus.  Cat.  2307. 

(e)  (As  a  rule)  where  the  source  is  utterly  cor- 
rupt, as  in  the  case  of  the  Poniatowski  collections. 

3.  A  name  on  a  gem  may  be  genuine,  but 
may  be  supposed  not  to  represent  the  artist's 
signature— (a)  If  it  obviously  relates  to  the 
subject,  as  Hyacinthus  on  a  gem  with  a  disco- 
bolos :    Brit.  Mus,  Cat  pi.  G,  742.      (b)  If  it 


obviously  relates  to  the  person  represented,  ss 
Aristippus :  BrU,  Mus.  Cat.  pi.  I,  1518.  (c)  If 
it  is  found  on  a  late  and  rudely-cut  work,  si 
Thamyras:  Brit  Mus.  Cat.  660.  (d)  If  the 
conspicuousness  of  the  inscription  proves  it  to 
be  an  owner's  name :  see  above,  p.  605. 

4.  The  various  categories  above  enumerated 
include  a  large  number  of  gems;  but  man^ 
remain  to  be  considered.  They  are  of  the 
highly-finished  style  of  the  beginning  of  the 
Roman  Empire,  which  has  been  very  accurately 
imitated  by  modern  engravers;  and  it  is  is 
dealing  with  these  that  the  chief  difficulties 
arise.  It  must  be  confessed  that  much  depends 
on  the  opinion  of  the  critic,  which  has  to  be 
exercised  on  a  class  of  objects  as  to  which  it  in 
exceptionally  difficult  to  form  a  judgment  based 
on  style.  When  Furtwaengler  selects  six  gems 
as  genuine  out  of  nearly  forty  purporting  to  be 
signed  by  Dioscorides,  of  which  Kshler  and  Kia< 
accept  none,  it  is  obvious  that  certainty  !> 
unattainable. 

5.  In  this  state  of  uncertainty  it  would  be  a 
great  aid  if  we  could  feel  sure  that  forged 
names  were  very  rare  before  the  time  of  Stosch, 
and  that  a  gem  signature  known  before  17:i4 
had  a  strong  prima  fade  claim  to  be  considered 
genuine.  It  is  from  this  point  of  view  that  the 
list  of  gems  given  above  is  of  high  importance. 
Unfortunately,  however,  it  seems  to  hare  been  a 
practice  to    interpolate    names    of   illustrious 

Esrsons  on  gems  supposed  to  be  portraits.  Thns 
omer,  Hesiod,  and  Themistocles  occur  in  the 
first  ed.  of  the  Imagines  of  (Jrtinos.  Moreorer, 
a  motive  for  forging  artists*'  names  was  not 
wanting  from  an  early  time.  Already  in  1606, 
it  appears  from  Faber's  commentary,  quoted 
above,  that  the  question  of  authorship  excited 
interest,  and  the  discussion  had  begvn  whether 
unsigned  gems  could  be  attributed  to  the  uiiaU 
whose  names  were  current.  When  gems  are 
regarded  from  this  point  of  view,  the  temputios 
to  forge  a  signature  begins. 

In  1686  Baudelot  de  Dairval  (De  rmUiUdet 
VayageSf  i.  p.  399)  gives  a  warning  agsiost 
forged  gems,  though  without  specifying  the 
manufacture  of  inscriptions  in  particular.  The 
prevalence  of  fr^ud  in  the  first  half  of  the 
eighteenth  century  is  attested  by  statements  of 
Stosch  in  1724  (Oemmae,  p.  xxi.,  29),  of  Gori  in 
1727  (Cohtmb.  Lit.  p.  155),  of  Yettori  in  173» 
(Dissertatio  Glyptographicoj  p.  97),  and  of 
Bracci  (Memorie,  i.  p.  147).  In  1754  Nstter 
naively  confessed  (TVtnV  de  la  Mtthode  ant.  dt 
graver,  kc  p.  xxix.)  that  he  occasionally  mdded 
artists'  names  when  requested. 

6.  It  is  therefore  necessary,  even  with  geni 
published  at  an  early  period,  to  scnitiniw 
closely  the  forms  of  the  inscriptions.  This 
subject  has  been  most  recently  investigated  br 
Furtwaengler,  in  the  papers  quoted  above.  The 
main  results  of  his  investigations  are  the  foUov- 
ing.  The  present  writer  accepts  them  on  the 
whole,  though  occasionally  differing  in  opinion 
as  to  individual  gems. 

Genuine  inscriptions  (a) before  Alexander.  The 

strokes  are  usually  of  an  even  width ;  the  nom. 
form  is  more  frequent  than  the  genitive;  the 
earliest  inscriptions  follow  the  margin  of  the 
stone,  while  they  are  in  a  straight  line  after 
about  400  B.C.  (1}  Of  the  Hellenistic  period. 
The  inscriptions  are   rough  and  careless;   io 


8CAPHEPH0RIA 

ameoa  tbc  t(tt«n  an  in  relief; 

L.1  bvcoDM  nniTCTul  in  t1i«  next  p«riod.  (c)  Of 
.he  cloM  of  th«  Republic  iDd  bepnniD^  of  the 
Empire.  Tilt  iDKriptiona  an  minute  uid 
Elegant;  euneo*  arc  iiuu;Tib«d  is  intaglio;  the 
Ictten  mn  formed  with  imsll  cup-like  heiri- 
tpbcrical  depreuioai  >t  the  eudi  of  the  itrokea, 
the  cup«  beioE  producnl  with  ■  drill,  and  the 
!trok»  of  the  Tetten  with  the  diunoDd  point. 

This  method  of  work  wu  not  adopted  b; 
modem  eDgrsTcrt,  according  to  FnitwaengleT, 
before  the  time  of  Sirleti  (died  1T3T).  On  the 
operations  of  Sirleti,  cf,  Bnicd,  Memorie,  i. 
p.  147.  From  thli  the  important  rule  ii 
■ledaced,  that  if  the  inicription  hu  the  "cnpa," 
nnd  if  it  wa*  known  before  1730,  it  ii  genoine. 
I'aforttiiuttelj  thii  rule  ia 


waengleT,  thongh  the  nape  are  preient  {JaKrb. 
1889,  p.  IS). 

I.  From  the  *ear  1730  onwardi  thoae  gems 
which  do  iwl  fall  within  the  cat^orle*  giTea 
abore  can  onlj  be  judged  l^om  their  ityle. 
Here  there  ia  a  wide  lield  of  diRcreiice  of 
opinion  ainang  critic*,  and  the  lubject  i>  in  a, 
bewildering  atate  of  gncertainty.  It  ii  plain, 
however,  that  the  only  way  of  making  progresi 
ia  >;*tematica1l7  to  collect  certain!;'  anthentic 
and  certainly  fMae  apecimeni,  and  ao  bf  degreea 
to  citabliih  atandarda  on  which  a  roelbodical 
jadgment  can  be  baaed. 

Literatart. — A  full  critical  account  of  en- 
grared  g«ni  ha>  not  been  written.  In  addition 
to  the  worka  dealing  with  particular  parts  of 
tile  inbject,  qnoted  in  the  foregoing  pi^aa,  the 
Tollowing  ma;  be  mentioned ; — Hnriette,  fraxU 
del  Piemi  grmiei,  IT&O;  C.  W.  King,  Hand- 
hook  of  Etigrattd  Qena,  1868,  and  jlntijiM  Qtaa 
mdhngt,  1872;  A.  S.  Hurray,  art.  Gem  in 
EiKj/cl.  Brit.  9th  ed.,  to),  t.,  and  Introduction 
to  Cat.  of  Qtait  m  tkt  Bnt.  Mvt.  CaUloguta 
hiTa  been  publiahed  of  aoroe  of  the  chief  publi 
I'ollectioni :  namely,  of  the  Berlin  Colleciion  b 
Winckelroann,  Dtxr.  det  Pierrei  grmie*  du  ft 
Boron  de  8la»cA  (1760),  and  Toelken  (183^) ;  t 
Ihe  Britlih  Mnaeum  Collection,  by  A.  8,  Murray 
ind  A.  H.  Smith  (1888);  of  the  Collection  in 
the  Bibllothtqag  Kationale,  at  Paria,  by  Cha- 
booillet  (1858);  of  the  cameoa  at  Vienna,  by 
Eckhel  (1788)  and  V.  Ameth  (1849).  A 
tmmber  of  gama  in  Tarioua  collectiona  ai 
Kribed  by  R.  E.  Raape,  in  A  dttcriptitt 
'ana  of  Oemt  oatt  n  eolourtd  patttt  by  Jama 
r«.4;iT91.  [A.  H.  8.] 

eCAPHEPHCBIA.     [HTDBiiPHORiA.] 
SCA'PHTUH  (o-Kd^iDx),   a    ahallow   reaael 
ttithoDtahandle.iocalledbecanae  itwaa  ahaped 
Moiething   like   a   boat  (cf.  CYMBtCII  and  " 
Engliih  "aance-boat"),  naed  aa  ■  drinking 
(PUnL  mkh.  IT.  5,  11 ;  Bacck.  i.  1,  37)  ;  ae 
limee  earthenware,   aomelimea    metal;    e.g 
bnu  (Lncnt.  ri.  1045),  of  ailrer  (Athen. 
p.  143  d;  Cic.  rerr.   it.  17,  37).     It   wai  ■ 
alao  for  dipping  and  pouring    water   orer 
body  in  the  balh  (Athen.  li.   p.  501  a ;  PI 
Pnt.  1.3,43).  In  Plut.  JTum-S  a  braienffml. 
.  (°r  enptior)  it  m*A  to  relight  the  lacred  fire 
I  [E^TTtjmnt,  p.  5141  being  donbtlen  a  primi- 
liTe  nibatitnte  for  a  coneaTe  mirror  or  burning- 
g'aai,  and  retained  by  raligloui  conaarTatlsm. 


HfptctSai,  aee  Coxa,  Vol.  1.  p.  49S  a.    [G.  E.  H.l 
SCENA,      rTHBiTBClL] 

SCEFTBUM.    In  Homer  the  king  carriea  a 


badge  of  bia  |Mwer  (cf.  tl.  ii 
'laimnixoi  $ea\Xriii ;  ib.  206,  $aai\t\it  f  flaiin 
Ziir  aKtirrper  t"  ifti  eiimrraj),  but  it  ia  not 
diatingniahed  by  name  from  otiier  atsTea,  ainee 
^rrpar  ia  need  not  only  of  thoae  borne  by  men 
rank  and  beralda,  bnt  of  a  beggar'a  cudgel 
(cf.  Od.  iTii.  195  and  199,  where  it  la  lynony 
nu  with  /i^oAor).  The  king's  aceptre,  bow- 
.  9T,  waa  richly  omamentad,  being  corered  with 
gold  foil  (xpJinor,  A  L  15,  &c)  and  atadded 
with  gold  naila  (xpuvaliiii  liXotn  mwafiUror,  II. 
'.  245),  which  were  doubtlaa*  for  the  psrpoae  of 
ittaching  the  gold  plating  to  the  wood.  Among 
,he  objflcta  foand  at  Mycenae  are  the  head  and 
>ntt  of  a  ataff  of  thia  kind,  of  beaten  gold  and 
decorated  with  a    aplral    ud  a  leaf  pattern 


Sceptre*  of  all  ler 


I  goU.    (Schllemtnn'* 


(Schnchhardt,  ScMianaim't  Avtgrabungai,  Leip- 
lig,  1890,  p.  285,  fig.  S51>  In  claaiical  timea, 
when  kings  were  bat  little  known  in  Greece, 
the  chief  bearera  of  aceptres  were  the  gods, 
goddeesea,  and  heroea  in  works  of  art.  A  good 
inatance  ia  the  sceptre  of  the  Zeua  Olympios  of 
Pheidias,  which  waa  adorned  with  all  manner  of 
meUla,  and  surmounted  by  an  eagle  (rp  M 
Lurripq  ToE  flsoE  X'v'  '"•"'  '•nrrpar  *"t"- 
Ao.rTotiwir.KSnirfiff^Mi'.    4  W  (pni  i  W  t» 


612 


SCHOENUS 


OK^wrp^  K3li4iyi9vot  itrrXp  6  &cT^f,  Pans.  y.  11, 
1).  Flowers  and  fruit  are  even  more  common 
as  badges,  the  sceptres  of  the  gods  being  in  fact 
strangely  like  those  of  men  of  rank  in  Assyria 
described  by  Herodotus  (i.  195),  surmounted  by 
an  apple,  a  rose,  a  lily,  or  some  such  thing  (cf. 
Murray,  Journal  of  Hellenic  Studies,  1889,  vol. 
X.  p.  251). 

In  the  Tragedians  the  word  trKfj-rrpov,  though 
often  used  metaphorically  of  royal  power  (e.g. 
Soph.  0.  C.  426),  is  still  quite  general  in 
meaning,  the  old  man's  staff  or  the  wayfarer's 
stick  being  both  so  called  (Soph.  0.  7*.  456; 
0.  C.  84 ;  Aesch.  Agam.  75).  The  staff,  however, 
that  was  in  everyday  use  in  the  fourth  and  fifth 
centuries,  was  plain,  and  seems  only  in  such 
exceptional  cases  as  that  of  Parrhasius  to  have 
been  of  Homeric  magnificence  {vKiirttyt  re 
iarriplfrro  xpvo'al  tKueas  ifnr^mufffUv^  Athen. 
xii.  p.  543  c)« 

At  Rome,  even  more  than  in  Greece,  the 
sceptre,  whose  Latin  name  is  acipio  (a  word 
originally  borrowed  from  the  Qreek),  was  un- 
known except  as  a  relic  of  the  heroic  and  kingly 
age  (cf.  Verg.  Aen.  xii.  206)  and  an  attribute  of 
the  gods.  There  is  one  important  exception, 
that  of  the  magistrate,  who  appeared  in 
triumphal  costume  in  the  processus  consukiris  at 
the  games,  bearing  in  his  hand  a  sceptre  of 
ivory,  surmounted  by  an  eagle  (Juv.  x.  43; 
Prudent.  Peristepk,  148,  ^'aquila  ex  eburna 
sumit  arrogantiam  gestator  ejus  ac  superbit 
belluae  inflatus  osse,  cui  figura  est  alitis"). 
This,  however,  was  an  emblem  of  apotheosis, 
and,  unlike  the  other  ornamenta  triumphcUiaf  was 
never  worn  on  other  occasions  during  the  life  of 
the  triumphator,  nor  was  it  carried  at  his 
funeral.  Even  when  the  emperors  are  repre- 
sented on  coins  as  bearing  it  (cf.  Antoninus  and 
Volusian's  coins),  the  sceptre  is  the  token  of 
their  triumph  and  not  of  supreme  power. 

Livy's  story  (v.  41)  of  M.  Papirius,  the  senator, 
striking  the  Gaul  scipione  ehumeo,  is  held  by 
Mommsen  to  be  at  variance  with  the  usages  of 
afler-times  and  to  be  a  ppetic  exaggeration,  as 
are  the  many  descriptions  which  late  authors 
give  of  the  costume  of  the  early  Romans. 
(Buchholz,  Die  homdf.  Realien,  ii.  p.  8 ;  Helbig, 
Das  homeriache  Epos,  1887,  p.  378 ;  Daremberg 
and  Saglio,  Diet  Antiq.  art.  Baculum;  Mommsen, 
Stacdsreoht,  2nd  edit.,  i.  140 ;  Staatsverwaltung,  ii. 

S.  587 ;  Marquardt,  PHvaOeben,  2nd  edit.,  p.  742  ; 
[ayor  ad  Juv.  x.  35  foil.)  [W.  C.  F.  A.] 

6CHOEKU8.  [Mensura,  p.  163.] 
SCHOLA.  fLuDUS  LnTBRARius.] 
SCIBOPHO'RIA  (;XKipo^6pM),  a  festival 
celebrated  at  Athens  on  the  12th  of  Skiropho- 
rion,  at  which  the  priestess  of  Athena  and  the 
priests  of  Poseidon  and  Helios,  overshadowed  by 
a  large  white  umbrella,  proceeded  from  the 
Acropolis  to  a  place  called  Skiron.  According  to 
some,  the  solemnity  was  performed  in  honour  of 
Athena;  according  to  others,  of  Demeter  and 
Kore.  The  umbrella  was  the  symbol  of  the 
protection  of  the  Attic  soil  against  the  scorching 
heat  of  the  sun,  and  was  carried  by  the  priest 
of  Erechtheus  or  a  member  of  the  family  of  the 
Eteobutadae.  (Schol.  ad  Aristoph.  Sect.  18 ; 
Harpocrat.  pp.  168  and  270;  Paus.  i.  36,  §3; 
Suid.  s.  V.  At^t  kMio¥\  Clemens  Alex.  FrO' 
trept,  p.  11 :  cf.  A.  Mommsen,  HeorM.  p.  440 
fol.)  CL.  S.] 


8CRIBA 

SCFRPEA.      [PLAU8TRUM.J 

SCIBPrCULA.    [Calathus.] 

6GOBI8,  sawdust,  was  sprinkled  over  the 
floor,  especially  in  dining-rooms,  so  that  the  dost 
and  any  impurities  might  be  swept  up  with  it 
(Hor.  Sat,  ii.  4,  81 ;  Juv.  xiv.  67 ;  cf.  Plin. 
H.  N.  xxxvi.  §  184).  In  smarter  houses  the 
sawdust  was  dyed  with  saffron  or  vermilion 
(Petron.  68).  lieliogabalus  is  said  to  Kave  had 
his  portico  strewn  with  gold  dust,  or  gold  filings 
(sode  auri)y  and  to  have  regretted  that  he  could 
invent  nothing  more  cosUy  for  the  purpose 
(Lamprid.  Elagab,  81 ;  for  this  sootns=^tnifAa 
from  metal- working,  cf.  Plin.  H.  N,  xxxiv. §  111 ; 
Bliimner.  Tecknologiej  iv.  256).  [G.  E.  M.] 

8(X)PAE,  a  broom  {scopae  virgeae,  Cato,  /?. 
S.  156  :  cf.  Hor.  Sat.  ii.  4,  81).  These  brooms 
were  made  commonly  of  the  *'  wild  myrtle  "  or 
butcher's  broom  (ruacus)  and  of  the  tamarisk 
(Plin.  K  N.  xxiii.  §  166,  xr'u  §  108),  but  also 
of  myrtle  (Eur.  Ion,  121),  and  in  richer  bousea 
at  Rome  of  palm-twigs.  (Hor.  Sat.  ii.  4,  83 ; 
Mart.  xiv.  82 ;  cf.  Juv.  xiv.  60 ;  Becker-GeU, 
Oailus,  i.  35.)  [G.  E.  M.] 

800BDISCUS.    [Ephifpia.] 

SCORPIO.      [TOEMENTUM.] 

8CRIBA,  a  title  given  to  the  clerks,  or 
rather  secretaries,  who  formed  the  highest  class 
of  the  officials  attached  to  a  Roman  magistrate. 
The  scriba  was  much  more  than  a  mere  Tibrtxrius 
or  copyist ;  thus  Cicero,  pro  Suit.  15,  42,  44, 
distinguishes  sharply  the  librarii  who  copied  out 
the  confessions  of  the  Catilinarian  conspirators 
from  the  acrihae,  the  four  senators  who  bad 
taken  them  down.  The  compound  expression 
acriba  librarius  is  used  to  denote  a  superior  kind 
of  librarius:  hence  the  quaestorian  clerks  often 
appear  as  acribae  librarii.  These  were  divided 
into  three  decuries,  presided  over  by  the  aes 
primi  (Cic  de  Nat.  Dear.  iii.  30,  74 ;  Wilmanns, 
Jnecr.  1297,  1298,  1809),  and  had  as  their 
especial  charge  the  administration  of  the  trea- 
sury (whence  they  are  sometimes  called  ex  acra^ 
rio,  C.  I.  L.  vi.  1816)  and  the  keeping  of  the 
public  books.  Every  governor  of  a  province 
had  two  of  these  treasury-clerks  assigned  to 
him  to  keep  his  accounts  (Liv.  xxxviii.  55,  5)» 
and  to  draw  up  the  statement  which  he  had  to 
give  in  upon  his  return  (Cic  in  Pia.  25,  61). 
Besides  them,  he  would  naturally  have  his  own 
clerks  for  his  private  accounts.  As  the  treasury 
contained  the  state  archives,  all  the  business 
connected  with  them,  especially  the  regtstratian 
of  the  decrees  of  the  senate,  passed  through  the 
hands  of  the  tcribae.  There  is  no  definite  re- 
ference to  acrSbae  attached  to  the  consuls ;  but 
the  praetors  and  the  judicial  authorities  gene* 
rally  were  regularly  aided  by  9cri)ae,  who  read 
the  documents  laid  before  the  court  (Cic  ta 
Verr,  iii.  10,  26),  and  drew  up  the  dednoas  and 
sentences  in  due  form  (Cic  pro  Clueni.  53,  147). 
The  censors  especially  were  daring  their  term  of 
office  in  need  of  snch  clerical  assistanoe,  and 
sometimes  they  appear  as  the  anthoriticb  in 
charge  of  the  whole  body  of  public  derks  (lav. 
iv.  6, 4).  Most  of  the  clerks  may  have  belonged 
to  the  dass  of  public  slaves ;  but  others,  again, 
must  have  been  officials  holding  a  respectable 
.position,  for,  in  the  formula  of  Uie  oensus,  they 
are  mentioned  after  the  censors  but  before  the 
other  magistrates  (Varro^  vi.  87).  At  least  the 
more  important  of  the  derka  moat  hare  been 


SCBIPTUBA 

taken  from  the  decnriet  of  the  fcribae  quaestoru: 
the    nominations  were    neua^7    made   by  the 
'quaestor*,  but  here,  ae  always,'  a  superior  magis- 
trate  could  interfere   by  the  exercise    of   his 
oTeiTuling  powers  when  he  pleased.     We  learn 
from    the    case  of    Horace  tiiat  appointments 
could   be,  in  some  cases  at  least,  obtained  by 
purchase.      The    number    of  the    quaestorian 
clerks  was  27  before  the  time  of  Sulla,  and  was 
raised  by  him  to  36.    As  there  were  probably 
11  prorincial  governors  sent  out  after  SuUa^ 
re-arrangements,  this  left  14  for  duty  at  home. 
The  clerks  of  the  camle  aediles,  mentioned  by 
Cicero  (/>ro  Ctuent,  45,  126)  and  Livy  (xxz.  39, 
7Xnnd  often  in  inscriptions  (e.g,  Wilmanns,  1296, 
1300,    1302,   1303,  &c.},   formed  one  decuria, 
presided  over  by  10  head  clerks  (0.  I,  L,  ri. 
1 840).    They  were  not  much  inferior  in  standing 
to  the  former  class.    We  also  find  mention  of 
clerks  to  the  plebeian  magistrates,  the  tribunes, 
the  plebeian  aediles,  and  the  Cerial  aediles ;  but 
little  is  known  of  their  functions,  and  they  do 
not  appear  to  hare  been  important.    On  the 
other  hand,  the  first  two  classes  contained  men 
of  great  knowledge  of  business  and  even  of  law 
(C.  I.  X.  vi.  1819),  and  these  may  be  compar«>d 
to  the  permanent  officials  of  our  own  public 
offi(%s^       Their  services  must  have  been  quite 
necessary  to  the  annually  elected  magistrates, 
often  young  and  inexperienced.    They  formed 
collectively   an  ordo  (Qc.    Vtrr.  iii.  79,  184^ 
claiming   to   rank   with    that   of   the    equites 
(Schol.  in  Juv.  V.  3),  and  it  was  the  gradual 
establishment  of  a  claim  to  lifelong  tenure  of 
office  that  led  to  the  sale  of  posts   which  the 
incumbents  were  willing  to  vacate.    In  the  pro- 
A-iaces  they  ranked  immediately  after  the  staff 
officers  of  the  governor ;  but  the  fact  that  they 
received  pay  (under  the  Republic  called  merces, 
under  the  Empire  sc^rhun)  drew  a  sharp  line 
between    them  and  the  officers  who  were  not 
mTcenarii,      Hence,  as  in  the  well-known  case 
of  Cn.   Flavins,   a  9criba  was  not   allowed  to 
stand  as  a  candidate  for  office  until  he  had  laid 
down  his  tcriptta  or  official  position.    Cicero  {de 
Of,  u.  8, 29)  mentions  another  case  of  a  man  who 
had  been  a  clerk  under  Salla  becoming  pmetor 
urbanns  under  Caesar.     In  Horace  (Sat  ii.  5, 
56)  we  have  an  instance  of  an  inferior  magis- 
trate, one  of  the  quinqueviri,  turning  clerk ;  he 
also  speaks  of  the  older,  to  which  he   himself 
belonged,  in  Sat.  ii.  6,  36,  as  possessed  of  in- 
tiaence.    In  Tacitus  they  are  apparently  included 
in  the  decuriae,  which  were  largely  composed  of 
^iheriini  or  their  descendants.      (Cf.  MommMtn, 
RSm.  Staaisrecht,  i.»  331-339.)         [A.  S.  W.] 
SCBIPTU'BA,  the  oldest  form  of  rerenae 
from  ager  publiau  (according  to  Pliny,  ff,  N, 
xviii.  §  11),  was  that  portion  of  the  revenue  of 
the  Roman  commonwealth  which  was  derived 
from  lettine  out   part  of  the  affer  pidAicus  as 
pasture-land  (Cic.  pro  Fhcco,  8,  18).    *  Such 
parts  were  called  pofcua  publtca,  saltus,  or  silva 
<cf.  Verg.  Georg.  iii.  323),  the  last  name  point- 
ing to  the  feeding  of  swine  on  acorns.    They 
vere  let,  like  other  sources  of  vectigalia,  by  the 
censors    to   publicani ;    and    the  persons  who 
grazed  cattle  on  the  pastures  {pecuarit)  had  to 
pay  a  certain  duty  to  the  publicani  according  to 
the  Bomber  and  sixe  of  the  cattle.  \  For  fine* 
Uvied  on  the  pecnarii  who  evaded  this  payment, 
<ee  Lir.  x.  23,  xxxiii.  42,  xxxv.  10 ;  Ovid,  Fast, 


SCULPONEAE 


613 


V.  283-294.  The  leges  Liciniae  of  367  (App. 
B.  C.  i.  8)  and  the  agrarian  law  of  B.C.  111  set 
limits  to  the  number  of  cattle  which  any  one 
person  might  graze  on  the  public  land :  but  it 
is  hard  to  see  why  a-  limit  should  have  been 
imposed,  when  fees  were  regularly  paid  to  pub- 
licani, and  when  the  publicani  were  therefore 
able  to  pay  a  large  contract-sum  into  the  trea- 
surv ;  the  more  grazing,  the  higher  the  contract. 

The  amount  of  the  duty  is  unknown,  but  the 
state  revenue  hence  derived  through  the  publi- 
cani seems  to  have  been  verv  considerable. 
From  registering  the  cattle  on  tne  lists  of  the 
publicani  (scrihere)  came  the  name  of  the  duty 
itself;  the  land  itself  was  called  scnp^tirarius 
ager  (Festus,  «.  v,\  and  the  publicani  and  their 
servants  tcnpturarii.  Cattle  sent  on  the  pastures 
without  registration  (pecui  inscriptmn)  were 
probably  forfeited  to  the  publicani  (Plant.  Thtc. 
i.  2,  48 ;  Varro,  £.  R.  ii.  1).  Public  pastures 
were  found  in  Italy  (especially  in  Samnium, 
Lucania,  and  Apulia ;  Varro,  /.  c. ;  Liv.  zxxix. 
29)  and  in  the  provinces  (in  Sicily,  Cic.  Verr,  ii. 
3,  6 ;  »&.  70,  171 ;— in  Asia,  Cic.  pro  Leg.  Jfanil, 
6,  14 ;  ad  Fam,  13, 65 ;— in  Cyrene,  Pliny,  H,  iV; 
xix.  §  39). 

Scriptura  disappeared  in  Italy  as  the  pasture- 
land  was  assigned  by  agrarian  laws  to  individual 
owners,  and  the  treasury  thus  lost  a  great 
source  of  revenue.  Even  in  the  provinces  the 
scriptura  disappears  under  the  Empire,  the  em- 
perors taking  to  themselves  the  nearly  exclu- 
sive management  and  even  u«e  of  the  pascua 
(Cod.  Theod.  de  Pose.  7,  7 ;  de  Oreg,  Domin, 
10,  6).  [F.  T.  R.] 

8CBUTULUM,  or  more  properly  Scripu- 
LUM  or  SCRiPLUH  (ypdfifia\  the  smallest  deno- 
mination of  weight  among  the  Romans.  It  wns 
the  24th  part  of  the  Uncia,  or  the  288th  of  the 
Libra,  and  therefore  about  18  grains  English, 
which  is  about  the  average  weight  of  the 
scrupular  aurei  still  in  existence.    [Aurum.] 

As  a  square  measure,  it  was  the  smallest 
division  of  the  jugerum,  which  contained  288 
scrupuUu  [JuoERUM.]  Pliny  (H,  A',  ii.  §  48; 
uses  the  word  to  denote  small  divisions  of  a 
degree.  It  was  in  fact  to  be  applicable,  accord- 
ing to  the  use  of  the  As  and  its  parts,  to  the 
288th  part  of  any  unit. 

Though  the  scrupulnm  was  the  smallest 
weight  in  common  use,  we  find  divisions  of  it 
sometimes  mentioned,  as  the  cboius  =  }  of  a 
scruple,  the  9emi'-oboltu=i  of  an  obolus,  and  the 
8iiiqua=\  of  an  obolus,  s|  of  a  scruple,  which  is 
thus  shown  to  have  been  originally  the  weight 
of  a  certain  number  of  seeds.  (Carmen  de  Fond. 
V.  8-13:— 

**  Semtoboli  duplum  est  obolus,  quem  pondere  duplo 
Qnsmma  vocsnt,  scriplam  nostrl  dixere  priores. 
Semlna  sex  alii  sillqnls  Istltantia  curvis 
Attribnant  scrlplo,  tentisve  grsna  bis  octo, 
Ant  totldem  speltas  numerant,  tristesve  loplnoe 
Bis  duj.") 

[POXDERA,  p.  455.]  [P.  S.] 

SCULPO'KEAJB  (iKpo^cCai)  were  wooden 
shoes,  made,  as  the  name  implies,  each  in  one 
piece  and  hollowed  out.  They  were  worn  only 
by  peasants  and  slaves  in  country  work  (Cato, 
B.B.59,  135;  Plant.  Cas.  ii.  8,  59;  Trebell. 
Poll.  XXX.  Tyr.  22 ;  Isid.  Orig.  xix.  34).  It 
seems  ^  that  there  were  also  wooden  shoes  called 


ititi[D*ta,  puticaluly  bj  th<  Bocotiui 
pcuouU,  and  M  ailed  became  of  the  noue  whicb 
they  mads  (Poll.  Til  87,  x.  153).  Pholiui  <i.  i. 
Kpeiwa^n.)  layi  that  they  ner«  nud  far  treading 
out  oIlTei.  But  the  oame  beloag*  eepecisil;  to 
the  WDodeo  iaitrumeat  of  a  double  block  of  wood 
with  a  hiDge  fitted  to  the  feet  and  uied  hj  flute- 
playen  to  beattime=Latin  Kabelltim  or  acabillim 
[lee  under  CnCBAI^  and  for  illnitration  ice 
BauinetiUr,iJ«iUBi.  fig.  1350].  For  Greek  and  Ro- 
man ihoei  in  ffeseral,  Me  CaLOEUL    [G.  £.  M.] 

SCULPTU-BA-  ISaurm^:  (it  Kuipturt, 
we  StitOabia.] 

SCDTELLA  (CSc  Taic.  ilL  19, 46)  i>  rightly 
explained  by  Bich  ai  a  imall  tra^  or  laWer  on 
which  cup«  could  be  placed,  and  not  a  uacer  or 
diah  like  it)  Freach  derivatiTc  fciullt :  for  ia 
Ulp.  Dig.  34,  2,  20,  g  ID,  icutcllae  are  defined 
ai  "quae  aliqnid  sustinetut,"  sod  are  ipecially 
diatioguiahed  from  leaaeli  "quae  aliqujd  in  le 
recipiant  edendi  bibendiTt  cauaa  paratnm." 
(Cf.  Becker-G6l1,  Qallut,  iii.  365.)      [O.  £.  U.j 

SCUTICA.    [FLAannn.] 

BCCTUM  (fivftis),  the  Roman  ihield  worn 
by  the  heavy-armed  infaatry  after  340  B.a,  in- 
stead of  being  ronnii  like  the  Greek  Cupeus, 
wa>  adapted  to  the  form  of  the  human  body,  by 
being  made  either  oral  or  of  the  ihape  of  a  door 
(Bijpa),  which  it  alio  resembled  in  being  made  of 

quently  ita  Greek  name  was  derived.     Two  of 

ill  fonoa  are  abown  in  the  woodcut  at  p.  SO. 

That  which  ii  here  eihibited  ia  alio  of  tnqaent 

occurrence,    and 


fSCYBIA  DYKE  ' 

may  be  aeon  ttoja  ,the  woodcut  below.  It  ■» 
■aid  to  be  the  cup  of  Beiactei,  bath  at  mat 
nutic  in  form  titi  ai  holding  more,  while  tbe  i 
Caktbabds  i«  gi>en  to  the  more  nfioed  Dimyni 
(Uacioh.  Sai.  T.  21 ;  Athen.  li.  p.  500a;  Sen. 
ad  Am.  Tiii.  288;  cf.  Hnt.  Jiar,  75).  Tbii 
tradition  agree*  with  the  fact  that  it  ii  ecu- 
Biitently  atcribed  by  Greek  wrjteri  to  peuul 
life  and  the  nie  of  herdamen  and  ihephtlli 
(Athcn.  li.  p.  49e  f,  g;  Od.  lir.  112;  Eur.  Cy^ 
3B0;  Theocr.  L  143),  and  reprcaented  ai  orifi- 
nally  ofwood,/ii^aiu>(TibulL  L  10,8);  Sm^ 
Ttoi' (Atheu.  i.  c.),''ingena  lignenoi  pocQlnii]* 
(Serr.  L  c).  The  material  wai  changdl  U> 
earthenware  (Athen.  p.  500  a),  and  then  U 
■ilrer  (Varr.  ap.  Gell.  iii.  14 ;  Cic  Virr.  ir,  14. 
32),  or  even  gold  (A.  it.  24,  54),  and  in  Utin  » 
find  it  a  drinking  cup  at  the  teblea  of  Ibt  riii. 
haring  loat  iU  roatic  character  (Hot.  Od.  Ep.  l 
27,  JK.),  but  no  doubt  retaining  iti  ihape  ai  in  tk 


ir  Plutarch 
diatingnishei  the 
Roman  tuptht  from  the  Greek  Inii  in  hii 
life  of  T.  Flaminiui  (p.  688,  ed.  Steph.).  In 
Epk.  Ti.  16  St.  Paul  UMi  the  term  9<iftis  rather 
than  hrwis  or  trdirof,  because  he  !■  deacribing  , 
the  equipment  of  a  Roman  loldier.  Theie  | 
Roman  shields  are  culled  Kuta  ionga  (Verg. 
Am.  viii.  682;  Grid,  Faat.  tL  392).  Poiybius 
(Ti.  23)  Biyg  their  dimeuioui  were  4  feet  by  2^, 
or  alightly  more.  The  ahield  was  held  on  the 
left  aim  by  meana  of  a  handle,  and  covered  the 
left  shouMer,  [J.  Y.]     [A.  H.  S.l 

SCYPHUS  (ni^t),  a  drinking  cap  with 
two  straight  handles  on  the  rim,  much  deeper 
than  the  i[^Xi{  or  ootir  and  of  ruder  shape,  aa 


IdtafOnnitfSTpbua.   IDeasl*.) 


Dennii  gire*  aa  a  later  and  more  elaborale  fona 

a  acfphns  with  iucuirad  handles  (CiHa  <ni 
Cemiteria  of  Etrvria,  i.  di.).  [G.  £.  U] 

SCY'BIA  DIKE  (Xtupfa  tint)  is  thoi  a- 
plained  by  Pollui  (riii.  SI):  Xnpfw  On' 
OrafidfoiKTu-  si  K*i;iir9o)iSilir«iAai  ■ri/t  t^x**^' 
ftr  ol  ^vyotiKomna  iiiKitrmrra  (ti  livpor  f  •'< 
KtUU/ar  inji|fu7i'.  By  Tpox<ia  Ilaf  "  ""*"' 
one  beset  with  difficultiet,  in  which  the  pkiDUiT 
had  to  encounter  every  sort  of  tricktry  i^ 
evaaion  on  the  part  of  the  defendant.  On  Dw 
appointeil  day  of  trial  (^  ini^a  ToB  rtpai,  cm- 
monly  the  thirtieth  dayafter  the  eonunenceinni 
of  the  action,  Dem.  c  Jfi/.  p.  529,  §  47,  Stj  ;  '<■ 
e.  Timocr.  p.  720,  %  63,  fcr;  bnt  the  trial  mifht 
be  postponed  by  agreement  between  the  psrtiB 
[Dem.]  e.  Phamipp.  p.  1043,  j  13  [Eniiarai 
Uiea:])  both  parlies  were  required  to  be  presml 
in  conrt.  If  the  plaintiff  was  not  there,  be  «•• 
non-suited ;    if  the   defendant   did   not  ippe". 

i'odgment  was  given  agninet  him  bj  itUta- 
f,  however,  either  party  had  iome  good  """ 
to  oiTer,  such  as  illneat,  the  death  «f  a  relaim. 
or  mevluble  abvtnce  abroad  (Hyp.  fr.  204= 
Schol.  Aristoph.  PUL  725 ;  Schol.  Dem.  t.  JW 
p.  541 ;  PoUui,  Tiii.  60),  judgment  wa«  wt 
given.  Cause  was  ihown  by  seme  fritDd  oa  hi> 
behalf;  supported  by  au  affidaril  called  inl^* 


SGYTALE 


BECTIO 


615 


(Harpocr.  8.  e. ;  Dexn.  c.  Olymp.  p.  1174,  §  25  f., 
vwrnfMAadfju^a  ^fitts  rovrwl  *0\vfjnrt69atpor  81;- 
fAO€rUf,  AvcDkcu  ffrp€er€v6fiwoy,  etc.;  c.  Theocr. 
p.  1336,  §  43),  in  answer  to  which  the  opponent 
was  allowed  to  put  in  a  counter-affidayit  (&y0- 
tnrmfioiria,  Lex,  RheL  Cantabr,  s.  v.),  and  the 
CO  art  decided  whether  the  ezcose  was  valid. 
No  dvwfiocrfa  was  allowed  in  an  eisangelia  46^ 
Ti%  rhv  Z^iuv  rhv  *K9iti»xdmv  KWTaXv\f  (Hyp.  jn^ 
£ux.  col.  22).  It  seems  to  have  become  a  prac- 
tice with  persons  who  wished  to  pat  off  or  shirk 
a  trial,  to  pretend  that  they  had  gone  to  some 
island  in  the  Aegean  Sea,  either  on  business  or 
on  the  public  serrice ;  and  the  islands  of  Scyrns 
(Photios,  s.  V.  ^vpUiyiiiniy),  Lemnos,  and  Imbrus 
(Hesych. «.  w,'^ti0pios  teal  A^ifiyios :  Photins,  s.  0. 
l/ifipim)  were  particularly  selected  for  that 
purpose.  Shammers  of  this  kind  were,  therefore, 
nicknamed  Lemnians  and  Imbrians.  {Att,  Pro- 
cess,  ed.  Lipsius,  p.  908  ff.)  PC.  R.  K.]  [H.  H.] 
SGYTALE  l<ncvrd\fi,  siso  tcovrd^ri;  from 
tTKvros,  K&Tos,  leather  or  hide ;  see  Ourtius,  Or, 
Etym,  §  683)  is  the  name  applied  to  a  secret 
mode  of  writing  by  which  the  Spartan  ephors 
communicated  with  their  kings  and  generals 
when  abroad  (Pint.  LyscmcL  19 ;  Schol.  ad 
Thucyd.  L  131;  Gell.  zvii.  9;  Schol.  ad  Aristoph. 
Av.  1283 ;  Cornel.  Nep.  Pauaan.  3).  When  a 
king  or  general  left  Sparta,  the  ephors  gave  to 
him  a  staff  of  a  definite  length  and  thickness, 
and  retained  for  themselres  another  of  precisely 
the  same  size.  When  they  had  any  communica- 
tion to  make  to  him,  they  wound  round  their 
ataff  a  narrow  strip  of  leather  (whence  the 
name),  and  then  wrote  upon  it  the  message 
which  they  had  to  send  to  him.  When  the 
strip  of  writing  material  was  taken  from  the 
staff,  nothing  but  single  or  broken  letters  ap- 
peared, and  in  this  state  the  strip  was  sent  to 
the  general,  who,  after  haying  wound  it  around 
his  staff,  was  able  to  read  the  communication. 
Ausonius  (^Ep.  23),  after  suggesting  to  his  friend 
writing  with  milk  for  secrecy,  continues : 

**  Vel  I^Mdoemoniam  scytalen  Imltare,  libelll 
fiegmina  Pergamei  tereti  circnmdata  llgno 
Perpetuo  inscribens  verso,  qui  delude  solntos 
Non  respondentcs  sparso  daUt  online  formas." 

In  later  times,  the  Spartans  used  the  scytale 
sometimes  also  as  a  medium  through  which  they 
sent  their  commands  to  subject  and  allied  towns 
(Xcn. /Te//.  V.  2,  §  37).         [L.  S.]    [G.  E.  M.] 

SCYTHAE.    [Demosii.] 

SECE'SPITA,  an  instrument  used  by  the 
Roman  priests  in  killing  the  victims  at  sacrifices 
(Suet.  Tib.  25).  According  to  the  definition  of 
Antbtius  Labeo,  preserved  by  Festus  (p.  348,  ed. 
H filler),  and  Servius  (ad  Verg.  Aen,  iv.  262),  it 
was  a  long  iron  knife  (culter)  with  an  ivory 
handle,  useid  by  the  Flamines,  Flaminicae,  Vir- 


fiecesplta.    (IVoin  a  coin*) 

gincs,  and  Pontifioes.    On  the  annexed  coin  of 
the  Sulpicia  gens,  the  obverse  is  supposed  to 


represent  a  culter,  a  simpuvium,  and  asecespita. 
Its  proper  purpose  seems  to  have  been  for  open- 
ing the  body  of  the  victim  which  had  been 
slain — if  a  larger  victim,  with  the  aeatria  or 
malleus;  if  a  smaller,  with  the  culter.  It  is 
therefore  appropriated  to  the  higher  order  of 
priests,  to  whom  this  function  belonged,  but  who 
did  not  themselves  slay  the  victim  [SACfii- 
FICIUm].  The  sacrifical  implements  shown 
below  are  rightly  distinguished  (c£  Guhl  and 


SeoespiU  and  cnltri.   (From  the  Arcus  Argentarioram.) 

Koner,  ii.  320)  as  (1)  a  secespita  in  its  sheath, 
(2)  cu/tn  in  their  case.  [W.  S.]  [G.  £.  M.] 
SEGBETA'BIUM.  [Auditokium.] 
BECTIO.  **  Those  are  called  Sectores  who 
buy  property  ptMice  "  (Gains,  iv.  146 ;  Gellius, 
iii.  154;  Festus,  s.  v.  aectoret),  and  property 
was  said  venire  publice  when  a  man's  whole  be- 
longings were  sold  by  the  state ;  which  occurred 
when  he  was  condemned  for  certain  crimes  for 
which  forfeiture  was  part  of  the  penalty,  in 
cases  of  prascriptio  (Cic.  pro  Rose.  Am,  43,  125; 
Liv.  xzxviii.  60 ;  Cic.  in  Verr.  i.  20,  52),  and 
lastly,  when  the  state  had  an  unsatisfied  claim 
against  a  wrongdoer  (Liv.  xxxviii.  58,  60 ; 
Cic.  pro  Babirio  Post.  4,  8),  especially  for  pay- 
ment of  a  fine  inflicted  by  way  of  penalty.  For 
instance,  Livy  tells  us  in  the  passage  referred  to, 
that  L.  Scipio  was  condemned  to  pay  a  fine  for 
misappropriating  public  moneys,  and  that  the 

Eraetor  gave  notice  that  unless  the  fine  was  paid 
e  should  order  Scipio  to  be  imprisoned ;  upon 
this  a  tribune  put  his  veto,  and  the  praetor  was 
driven  to  put  the  quaestors  in  possession  of  his 
property  for  purposes  of  sale.  Upon  being 
put  in  possession  (for  which  the  expression  bona 
publioe  pomdere  is  used,  Lex  Acilia  repet.,  line 
9 ;  Lex  Servilia,  c.  17),  the  usual  course  was  for 
the  quaestors  to  give  notice  of  the  sale  {sectio\ 
which  took  place  svb  hasta  (Cic.  Phil.  ii.  26,  64) 
and  transferred  Quiritarian  ownership,  the  pro- 
perty being  sold  in  the  lump,  and  the  pur- 
chaser taking  it  with  all  its  liabilities  (Ascon. 
m  Verr.  ii.  1,  23,  61,  p.  177  Orelli ;  Dig.  48,  23, 
2,  3).  That  the  purchaser  here  became  Quiri- 
tarian owner,  whereas  under  a  private  bank- 
ruptcy iponorum  venditio)  he  merely  became 
bonorum  possessor,  is  probably  the  substance  of 
what  Gains  says  in  a  mutilated  passage  (iii.  80 : 
cf.  Varro,  B.  S,  ii.  10,  4;  Tac  Bist  i.  20). 
The  names  sector  and  sectio  are  explained  by 
the  subsequent  breaking  up  of  the  proj>erty  into 
lots,  by  the  sale  of  which  the  sector  made  his 
profit  (Pseudo-Ascon.  in  Verr.  i.  20,  52 ;  *.  23, 
61);  sometimes,  indeed  (e.g.  Tac.  Hist,  i,  90), 
the  things  sold  by  the  quaestor  are  called 
sectio  themselves.  The  sector  had  a  special 
interdict  (Interdictum  Sectorium,  Gains,  iv. 
146)  for  obtaining  possession  of  the  property. 
Inheritances  which  fell  to  the  fiscus  were 
sold  in  the  same  way,  and  the  sector  was  here 


616 


SECTOB 


tntitlcd  to  brinr  hirtditatit  petitio  <Cod.  4, 
39,1V  [G.L.]    [J.B.MO 

SBCTOa    [SectioJ 

SECTOBIUM  INTBBDICTUM.  [Ihtbe- 
DKJTOU;  Sbctio.] 

3ECU'EIB  (»/X«n.i,  ti(ri),  no  .».  Ond.r 
thii  heiid  are  tnclnded  (1)  the  trorkman'i  iic, 
(2)  the  batHe-MB,  (3)  uierifici»l  »ie,  (4)  the  iie 
af  the  llcton,  equlTiUent  to  the  hMulimui'i  u>. 

1.  The  wBrkman's  bib,  when  used  for  fell- 
ing treei,  U  ipoken  o(  in  general  tmnt  u  ri\t- 
■vt  in.  KiJL  Hi;  Xen.  Cyrop.  ti.  2,  36,  &c.) 
Mid  eemrii  (Vwg.  jlm.  vl.  180 ;  Plin.  S.  S. 
XTi.  §  192,  &C.)  ;  bnl  of  Ihtw  woodcatten'  aiet 
thera  were  two  pitteru,  the  elngle-beaded  and 


^" 


Srcoiii  iliiii^i.    (TnU*!!''  Coliunn.) 


Blpennli.  (Fms  a  Tas»-ptlDtlngO 
the  donble-headed.  Oftheiethe  romieT  (ohen 
the  diitlnctioo  wu  marked)  wa>  calle.1  ri\Hvt 
inpian^i  (Poll.  i.  137)  or  1,^wik>imr  (H. 
iiili,  851),  tiid  it  perhapa  diitingniihed  u  the 
ifcurw  timpltx  (Pallad.  i.  4:1);  the  double- 
headed  aie  wa*  called  ri\iim  V'P't'oftat  <" 
Ufn/iai  (Poll.  /,  c. ;  Enr.  fr.  53+)  or  if (nj, 
which  ii  itrictlj  nied  onl)'  of  the  douhla  ate 
(He*r<:b.):  in  Latia  it  i<  the  bipennit  (Hoi.  Od. 
iT.  4,  5T;  hid.  Orv;-  lii-  !»)■  [Bldmser, 
Technol.  ii.  202.] 

The  carponten'  or  ihipwrigbti'  aiai  are 
dittiugaiahed  in  Qreek  aa  the  hearj  Wa<kui  for 
roDgh-hewingthe  wood,  and  the  amall  miwafwar 
for  aftarwerdi  ihaping  it  man  finely  {Od,  It. 
391;  AKia).  The  following  cut  of  £gTptiaa 
•hipwrighta  it  worthy  of  solice,  sine*  the  fonu 
of  the  rjKttvt  there  depicted  explaiot  what  i> 
meant  by  "ihooting  throogh  the  aie-heads,"  in 
Od.  II.  574.  The  diflicultlei  which  commenla- 
tors  hare  found  under  the  idea  that  the  arrow 


EsTP>m*Upw'<<Ma,  wia  (be  an. 

that  the  W\«nrt  of  the  Odyaej  h»)  a  ritg- 
ihaped  head.  (3m  Dr.  Waire-i  Baft  of 
aijiutt,  in  JoiTK.  s<  fftUeti.  Stadict,  IS83.)  A 
•oroewhat  •imilar  aie,  but  with  two  drcnlar 
hole*  in  the  blade,  wu  foDud  in  18SS  ia  the 
Peloponueeui  (£pA™.  AnA.  1889).  [For  the 
Boman  carpenter'a  aie,  lee  Ascia  ;  Dolabu.] 

%,  The  nw  of  the  aie  in  war  waa  eipedilly 
an  Aalatlc  practice.  We  lind  the  Trojan  Pd- 
aander  (/7.  liii.  612)  Mined  with  a  double  aie 
(.it^rn),  and  again  in  the  fight  at  the  ahifa  Ih> 
camhitanti  fight  with  doable  and  aingte  batlle- 
■lea  {wtMKttrti  ical  ifir^at) :  it  i«  pouiblt  that 
Iher*  alio  it  ia  to  be  undentood  of  the  Tiojiiit 
alone.  In  agreement  with  tbii  wa  find  the 
bitttle-aie  regarded  ai  the  chamcteriitic  weapon 
of  the  Aaiatic  Amazona,  who  uk  both  the  lin^le 
and  the  doable  (or  Carian)  aie^  u  in  the  Keoe 
of  Pentheiilea'a  death  on  tba  urcopbagni  fiom 
Theiaalonica ;  and  ao  Horace  apraka  of  Ike 
Amaionian  battle-aie  (Od  ir.  4,  20),  and  Virpl 
eonaittently  repraienU  the  Italian  ahepherdi 
end  Camilla  u  fighting  with  thia  weapon  (An- 
Tii.  184;  >i.  696;  lii.  306X  whether  he  U 
merely  following  Homer,  with  Trojani  lubiii- 
Inted  for  Graeka  and  ItaliaDt  for  Aiiatici,  or  ii 
hilting  apon  the  truth  that  the  primitlre  nf 
both  in  Itnly  and  in  Northern  Earope  faeghl 
with  the  Hit,  which  wat  in  fact  a  weapon  which 
they  hid  ready  to  hand  for  other  purpOMa.  (See  A. 
Uilllar  in  Baumaiatar,  Dcnha.  p.  3043.)  Hmace 
Doticaa  it  ipedallr 


of  the  bariiaroiu 
tribca  in  Rhielia, 
ai  though  it  were 


Teutonic      tribet; 


DeaiLofPtBtheaUea.    (Belief  > 


able  that  on  Ika 
acabbard  of  the  »- 
called  ".word  "( 
Tibariui'  In  lb* 
Briliah  Mnaeam 
(figured  In  Vol.  I- 
p.  930  t),  which 
wei  diaconrfd  at 

a  relief  of  an  Aroi- 
ion  anned  with  a 
iiiptmit.   It  would, 


SEGUTORES 


SELLA 


617 


howeTer,  bt  prening  conjectures  too  far  (m 
A«  Mfiller  points  oat)  to  mj,  with  OrelU 
and  others,  that  this  figure  neoessarily  symbo- 
lises the  oonqnered  Vindelicia,  and  was  the 
sword  of  honour  of  Tiberius.  We  may  be  con- 
tent to  take  it  as  an  additional  eyidence  of  the 
^  Amasonian"  battle-axe  being  used  among  Ger- 
man nations,  and  regarded  as  cl\aracteri8tic  of 
them,  whereas  it  hid  long  before  been  disused 
in  Italy. 

8.  The  sacrificial  axe  (tecuris^  w4k€Kvs)  was 
used  by  the  attendant  ministers  (popaa)  for  the 
slaughter  of  the  larger  victims.  CI  he  distinc- 
tion, whether  always  preserved  or  not,  was  axe  or 
hammer,  malleuSy  for  slaughtering  cattle,  a  stone 

for  swine,  and  a 
knife  for  sheep: 
see  Marquardt, 
Staatsverw,  iii. 
181.)  The  sa- 
crificial axe 
figured  below 
is  from  the 
relief  on  the 
Arena    Argen- 

SacriOdalixe.  (From  the  Akus  tariomm,  and 
AiBeotarienun.)  ".  ^  combmed 

with  a  yessei 
n-hich  is  very  likely  the  Pbaefebiculuic. 

4.  For  the  axe  of  the  licton^^iBe  LicroR  and 
Pascex^  [O.  E.  M.] 

SECITTO'BES.  [Giadiatobxs,  Vol.  I.  p. 
918  6.J 

SEI8ACHTHEIA  ((rcurdx^eia),  a  disburden- 
ing ordinance,  was  the  first  and  preliminary 
step  in  the  legislation  of  Solon  (Plut.  Soi,  15). 
The  real  nature  of  this  measure  was  a  subject  of 
controversy  even  amongst  the  ancients.  Philo- 
chorufl  (fr,  57-;  Suid.  and  Photins,  s.  r.)  explains 
it  as  xpMvMvfa,  and  this  opinion  is  widely  held : 
Herad.  Pont.  ed.  Schneidewin,  p.  4,  9,  S^Xwr 
.  .  •  jca2  xf*^  iaroKowiis  #voli|ire  iH^y  v^urdx^tuuf 
XgyofUrfiwi    Dion.  Halic   Antiq.  Bom,   v.   65, 

— T«r  ffv/»fioKait»9  Ayo/peo'is:  Uio  Chrysost. 
xxxi.  69 :  Diog.  Laert.  i.  45 ;  Suid.  s.  v.  etc. ; 
cf.  also  Arist.  *A$iiP.  wok.  papyrus/r.  i.*  1. 14, 
T^y  [rmw]  XP*^  iaroKOW^y  evfAfi€fi^KU  yitp 
ahrols  y^p^aBai  rarfiyoii]  jcal  w^nfiriy.  Only 
Androtion  and  some  others,  whose  names 
Plutarch  does  not  give,  describe  it  as  a  mere 
reduction  of  the  rate  of  interest  (r6KW¥  fie- 
^pt6rris\  a  view  accepted  by  Boeclch,  Sthh.  L' 
p.  159 ;  Hermann,  Oriech,  Staatsalterth.  §  106 ; 
Curtins,  Griech.  Gesch.  I*  p.  318.  But 
such  results  as  Solon  claims  for  his  measure, 
viz.  that  the  mortgage  pillars  were  removed, 
and  that  the  debtors  were  liberated,  even  those 
.sold  to  foreign  countries  (/r.  36,  and  Arist. 
*A9i|r.  wo  A.  i.*  L  Tff.),  could  not  have  been 
brought  about  by  a  reduction  of  the  rate  of 
interest  (see,  moreover,  his  law,  rh  iipy^unt 
ffrdffiiMv  fffnu  4^*  &w6c^  &r  fio6\iirai  6  Sou^f  (- 
{fl*K,  Lys.  c.  Theomn,  i.  §  18),  even  when  coupled 
with  a  lowering  of  the  silver  standard.  To 
achieve  this,  all  those  contracts  in  which  the 
debtor  had  borrowed  on  the  security  either  of 
his  person  or  of  his  laud  had  to  be*  cancelled, 
and  to  prerent  the  recurrence  of  similar  social 
evils  it  was  forbidden  henceforth  M  rots  ffAiMri 
3ay€((fir,  and  a  limit  was  fixed  beyond  which 
no  one  was  allowed  to  buy  up  land  (Arist.  PoU 


ii.  4  (7  Bk.)  4).  This  measure  of  Solon  (6/bu>v 
fihiv  re  icol  ZitaiP  awapfi6aast  fr,  36)  seems,  no 
doubt,  hard  on  the  rich — yet  their  riches  were 
ill-gotten  (/r.  4) — but  it  was  demanded  by  the 
circumstances;  he  did  not  disturb  owners  in 
the  possession  of  the  land  they  had  bought,  and 
did  not  go  nearly  as  far  as  the  Megarians  on  a 
similar  occasion  (Plut.  Quaest.  Graec.  18,  p.  295  D, 
woXurmcia).  At  the  same  time  Solon  effected  a 
reform  in  measures  and  in  the  coinage  (Plut.  /.  c. 
If  Afta  To{rr^  yttn^Uni  rmw  9h  fidrpmr  hraC^iiau 
icoi  roi;  wo/Uvfutros  r^i^).  This  reform  was, 
however,  not  made  with  a  view  to  assisting 
debtors  by  reducing  their  debts  27  per  cent.,  since 
73  old  drachmas  were  worth  100  new  drachmas 
(Grote,  Hitt,  of  Greece^  iii.  p.  100  f.).  Solon's  object 
clearly  was,  as  KShler  shows  {Mitth,  d.  d,  arch, 
Inst.  1885,  p.  151  ff.),  to  open  up  new  fields 
for  Athenian  trade.  Hitherto  the  coinage  of 
Athens  had  been  on  the  Aeginetan  system,  which 
prevailed  on  the  mainland  of  Greece,  and  on  the 
Cydadea ;  now  the  Euboic  system  was  adopted, 
which  was  confined  to  that  island  and  Corinth. 
The  trade  to  the  Black  Sea  and  to  Egypt  was  in 
the  hands  of  Aegina  and  Megara,  and  with  these 
flourishing  towns  Athens  could  at  that  time  not 
compete.  The  Chalcidians  and  Corinthians,  on 
the  other  hand,  had  planted  colonists  north  of 
Chalddioe  and  in  Sicily,  and  thus  0|>eDed  up 
new  districts  to  Gre4*k  trade.  With  these  the 
Athenians  might  hope  successfully  to  compete, 
and,  as  the  result  showed,  their  hope  was  well 
founded ;  hence  their  coinage  system  was  adopted. 
From  these  districts  they  could  import  what 
Athens  stood  most  in  need  of,  viz.  timber  and 
grain ;  aod  thither  they  could  export  oil,«  which 
alone  of  all  produce  Solon  allowed  to  be  exported 
(Pint.  /.  c.  24),  and  manufactures,  which  he  en- 
couraged in  every  possible  way.  [L.  S.]  [H.  H.] 
SELLA.  The  customs  and  associations  which 
the  Greeks  and  Romans  connected  with  the 
attitude  of  sitting  were  so  different  from  ours 
that  any  account  of  the  seats  they  used  must 
involve  some  mentioD  of  the  ceremonial  meaning 
and  etiquette  which  had  grown  up  round  it. 
Most  strange  to  a  modem  is  the  religious  and 
ceremonial  use  of  the  posture.  To  sit  at  or  on 
a  sacred  spot  or  object  was  in  itself  an  act  of 
supplication  (cf.  Aesch.  Sttppl,  224,  265 ;  Soph. 
0,  T,  2),  not  merely  in  the  heroic  age,  but,  as 
we  see  from  the  storr  of  Themistocles  seating 
himself  on  the  household  hearth  of  Admetus 
(Thuc  i.  135),  in  classical  times.  In  art  it  is 
very  often  shown :  for  instance,  Priam  seated  on 
the  altar  of  Zeus  at  the  taking  of  Troy,  Tele- 
phos  on  the  hearth  of  Agamemnon,  and  Orestes 
at  the  omphalos  at  Delphi  (cf.  Baomeister, 
DenkmSkr,  arts.  IHupersiBj  Telephotf  and  Ores' 
teid).  So  too,  when  being  purified  from  the 
stain  of  blood,  the  sinner  sat  on  the  altar, 
possibly  on  the  skins  of  the  victims,  as  the 
novice  did  when  being  initiated,  and  the  sorcerer 
when  summoning  the  spirits  of  the  dead  (cf. 
Vase-painting  of  Odysseus  and  the  Ghost  of 
Teiresias,  Mon.  d.  Irut.  iv.  19).  In  Uking 
omens  from  birds,  the  seer,  both  among  Greeks 
and  Romans,  was  seated  (cf.  Soph.  Antig.  999 ; 
Serv.  ad  Aen.  ix.  4).  Chairs  also  formed  an 
important  part  of  the  sacred  furniture  in  many 
ceremonial  processions  (cf.  Aristoph.  Ecoi.  734; 
Av,  1552),  as  in  the  well-known  instance  of  the 
central  group  of  the  East    Parthenon   frieze. 


618 


SELLA 


SELLA 


where  the  priestess  w  attended  by  maidens 
carrying  chairs  on  their  heads. 

Of  the  place  seats  took  in  the  civil  life  of 
antiquity  it  is  needless  to  speak,  for  the  customs 
by  which  difference  of  rank,  dignity,  or  authority 
was  typified  by  the  prominence  and  magnificence 
or  the  reverse  of  seats,  are  easily  comprehended 
and  too  numerous  to  mention  [cf.  Thronub]. 
It  is  enough  to  point  to  such  words  as  cruyt Spfo, 
**  wpotHpiOf  cont698U8  praesidium,  or  sessio,  to  show 
how  deeply  such  ideas  had  sunk  into  the  national 
life  and  language.  Nor  again  does  the  contempt 
which  in  social  life  the  leisured  classes  felt  for  the 
artisans  and  others  who  pursued  a  sedentary  occu- 
pation (cf.  Xen.  Sep.  Lac.  i.  3,  ot  troWoi  t&p  rks 
rcxi'W  iX^'^^"  ^SpoTol  ciirii')call  for  explanation. 
The  etiquette,  too,  which  regulated  such  matters, 
was  not  unlike  our  own,  for  even  in  the  Homeric 
age  it  was  part  of  the  welcome  of  a  guest  to  bid 
him  be  seated  (e.g.  Od.  i.  130).  It  was  also  con- 
sidered an  act  of  necessary  politeness  to  rise  in 
the  presence  of  an  older  or  more  honoured  man 
(cf.  Cic.  de  Sen,  18,  63,  **  assurgi : "  cf.  Juv.  ziii. 
55 ;  Mayor  ad  he,) ;  and  Caesar  was  accused 
of  aiming  at  royal  power,  when  he  refused  to 
rise  in  presence  of  the  senate  (Liv.  Ep,  cxvi. ; 
Suet.  Caes,  78 ;  Dio  Cassius,  zlir.  8%  and  the 
emperors  showed  their  authority  by  sittinlg 
between  the  consuls. 

At  banquets  when  men  reclined  it  was  con- 
sidered becoming  for  boys  to  sit  (Xen.  Symp,  i. 
8 ;  Suet.  Claud.  32),  and  the  rule  for  women 
was  originally  the  same  (Val.  Max.  ii.  1,  2), 
though  disregarded  in  later  times.  In  art  even 
the  goddesses  are  represented  as  seated,  while 
the  g<)6s  recline  (cf.  Baumeister,  DenkmSler^  art. 
ZwolfgdttaTj  fig.  2401);  and  while  the  latter 
were  honoured  by  lectistemia,  the  former  were 
only  given  seliistemia.  Many  grave  reliefs 
representing  a  banquet  of  the  deified  dead  show 
the  same  custom,  which  was  by  no  means  con- 
fined to  the  Greeks,  for  it  may  be  seen  on  the 
Assyrian  bas-relief  of  Sardanapalus  feasting,  now 
in  the  British  Museum. 

On  the  monuments,  especially  the  vase-paint- 
ings, the  personages  in  a  mythological  scene 
who  are  merely  spectators  are  often  depicted  as 
seated,  especially  when  they  are  deities.  The 
most  familiar  instance  is  the  assembly  of  gods 
beholding  the  Panathenaic  procession,  on  the 
east  frieze  of  the  Parthenon.  In  genre  scenes, 
the  use  of  chairs  often  shows  that  the  scene 
takes  place  indoors,  and  in  many  cases  helps  us 
to  distinguish  the  mistress  from  her  maids,  or 
the  master  from  his  followers. 

Seats  in  antiquity  were  of  almost  as  many 
forms  as  nowadays,  but  for  practical  purposes 
it  is  sufficient  to  divide  them  Into  three  classes  : 

(1)  those  which  have  a  straight  back  and  arms ; 

(2)  those  with  a  back,  but  no  arms ;  and  (3)  those 
which  have  neither  a  back  nor  arms.  The  first 
class  is  described  under  Thbonus,  the  second 
under  Cathedra,  while  the  present  article  gives 
an  account  of  seats  in  general  and  the  third  class 
in  particular. 

In  Greece,  before  Homer,  seats  both  with  and 
without  backs  were  used,  as  is  shown  by  carvings 
on  ivory  which  have  been  found  at  Mycenae 
(cf.  *E4l>fifi9pts,  1888,  nli^a^  B.  3,  2,  and  4,  29). 
These  were  no  doubt  not  unlike  the  Assyrian  and 
^87P^>AQ  thrones  and  chairs,  which  are  plainly 
the  ancestors  of  those  used  in  Greece  in  historical 


times.  In  Homer  the  general  term  for  seats  of  all 
kinds  is  I8pi} :  but,  with  the  exception  of  the  $p6vos 
[Tubonub],  which  is  of  the  first  class  mentioned 
above,  and  may  be  assumed  to  be  identical  with 
the  thrones  on  which  the  gods  of  later  times 
were  seated,  there  is  no  information  given  aboat 
the  distinctive  shapes  of  the  difierent  varieties. 

The  icKi<r/JLi6s^  which  came  next  in  honour  to 
the  0p6vos,  was  apparently  used  for  ease  and 
comfort,  since  Penelope  sat  in  it  spinning  (Od 
xvii.  97),  and  Telemachus  rested  in  it  after  a 
bath  (Od,  xviL  90).  This  seems  to  imply  that 
it  had  a  back,  but  no  arms.  It  must  have  been 
of  some  height,  for  a  footstool  (fip^mn  =  later 
{»ror69iov)  was  sometimes  used  with  it  {Od.  iv. 
136).  The  KKuTfihs  was  decorated  with  metal 
plates  and  inlaying,  as  is  shown  by  the  epithets 
XP^ciot  in,  viii.  436)  and  wouclJ^s  (Od,  L  132^ 
and  was  only  used  by  people  of  rank. 

There  is  a  good  deal  of  difficulty  in  deciding 
whether  the  word  is  always  used  in  a  specific 
sense,  and  Helbig  on  account  of  Jl.  zxir.  515  and 
597  (cf.  n.  xi.  623,  645),  where  KXi^fths  and 
9p6vos  are  synonymous,  maintnina  that  the 
usage  of  the  word  is  not  consistent  throughout. 
This  would  account  for  the  fisct  that  Helen 
works  seated  on  a  ie\i0'(i|  {II,  iv.  123).  The 
jcXi0'/iy  is  exclusively  a  woman'a  chair,  and  is 
possibly  identical  with  the  icXirr^/», — an  easy 
chair  in  which  one  could,  like  Penelope  {Od,  xviiL 
189),  take  a  nap. 

The  commonest  kind  of  seat  was  the  Zippot : 
it  was  for  instance  given  to  Odysseus,  when  he 
appeared  in  beggar's  rags  {Od,  xix.  97),  and  it 
formed  part  of  the  furniture  of  the  Thakmos 
{IL  vi.  354),  being  meant  for  use,  not  omameDt. 
It  was  doubtless,  like  the  Zlp^t  of  classical 
times,  merely  a  stool,  without  back  or  arms. 
Owing  to  the  indefiniteness  of  the  mentions  in 
Homer,  it  is  impossible  to  identify  these  varions 
forms  with  those  shown  on  Aasyrian,  Egyptian, 
Phoenician,  or  early  Greek  monnmentj. 

In  the  classical  period  the  generic  name  for 
chairs  and  stools  was  xMZpa  (to  be  disUnguished 
from  the  Latin  Cathedra,  which  was  only  used 
for  one  kind,  the  ic\iirfiis).  For  the  difTereot 
varieties,  the  Homeric  names  remained  in  use, 
the  difference  in  meaning  being  expressed  ss 
follows  by  Athenaeus  (v.  192  e) :  6  y^  Bpipos 
edrrh  iUpop  4Xmv64^6s  iori  teoBiZpa  trbw  ^minilf 
,  ,  ,  6  i^  K\urf»hs  mpiTToripms  Ktida'fi'HTiu  &»«• 
it\(0'ci,  rodrtov  tk  §irr9\4artpos  ^y  6  Zippos.  Our 
information,  however,  on  the  subject  is  given  by 
the  monuments  rather  than  by  literature,  and 
on  them  we  have  the  great  variety  of  forms 
shown.  The  simplest  is  that  of  the  Zt^s,  which 
Is  of  the  third  class,  being  without  arms  or  back. 
It  was  besides  called  VKifiwovs,  though  this  name 
is  also  given  to  benches  {fid0pa  or  x<V^Ol^^ 
i.e.  Zlppot  xc^iof^iyXoi),  which  were  sometimes 
long  enough  to  serve  as  a  bed  (cf.  Plato,  Prot. 
p.  310  C).  These  chairs  are  seen  on  the  earliest 
monuments,  and  are  of  every  variety  of  make, 
from  simple  foui'-legged  stools  to  chairs  with 
richly-turned  legs,  ornamented  with  inlaying  and 
chased  or  embossed  metal  work.  They  were  a 
most  important  part  of  household  fomiturt, 
especially  in  the  women*s  rooms  (cf.  Pollux,  x. 
47),  wheie  they  were  used  not  only  for  sitting 
at  work  or  the  toilet,  but  as  a  substitute  for 
tables  and  shelves  on  which  to  lay  clothes. 
Teasels,  or  iostnunents. 


/ 


Af^pov,  from  a  ▼Ufr*palntiiig. 
(BKundaler.) 


SELLA 

This  was  also  one  of  the  uses  to  which  the 
chairs,  which  were  carried  in  sacred  proces- 
aions  with  the  holjr  vessels,  were  put  (cf.  the 

9i^po<p6poi  on  the 
east  side  of  the 
Parthenon  frieze, 
and  Aristophanes, 
Eccles.  734). 
The  Zi^poi  was 
also  used  much 
in  workshops  bj 
shoemakers,  car- 
penters, smiths, 
painters,  potters, 
and  others  of  a 
sedentary  em- 
ployment. [See 
cut  under  Fic- 
tile, VoL  I.  p. 
844  a.]  It  was 
also  part  of  the 
farniture  of  a 
school,  where  the  master  sat  on  a  higher  and 
more  dignified  seat  and  the  pupils  on  chairs 
or  benches  (/Siapa:  cf.  Plato,  Frot,  p.  315  C, 
and  see  cut  from  yase  of  Duris  in  Berlin 
Museum  on  page  96).  The  Zl^pos  was  also 
used  out  of  doors,  and  it  was  the  custom 
for  well-to-do  gentlemen  of  the  old  school  to 
hare  a  boy  carrying  one  in  attendance  as  he 
walked  about  (Arist.  Eq,  1384-6:  cf.  Athen. 
xii.  512  c).  For  this  purpose  a  camp-stool 
((ii^pos  hitXaMlas)  was  used.  The  shape,  how- 
erer,  was  a  favourite  one,  and  chairs  were 
often  made  in  it  which  could  not  possibly  fold  up 
and  were  meant  for  ordinary  use.  The  legs 
were  either  straight  or  curved  (Inscr.,  ffermes, 
T.  346). 

Chairs  of  all  kinds  were  covered  with  skins 
and  fleeces  is  the  Homeric  age,  and  at  all  periods 
with  shawls  and  coverlets.  Cushions  (kW^oAAo, 
r6Kcu)  were  also  used,  but  upholstery  was  un- 
known. 

The  manufacture  of  chairs  flourished,  es- 
pecially in  Thessaly,  Miletus,  and  Chios  (cf. 
Critias  quoted  by  Athen.  i.  p.  28  b).  Maple 
and  beech  were  the  woods  chiefly  used,  but 
harder  and  more  expensive  sorts  were  necessary 
for  those  which  were  inlaid  with  ivory.  Wicker- 
work  chairs  are  also  mentioned  (Theophr.  v.  3, 
4;  Plin.  ff,  N.  xvi.  §  174;  Cato,  B,  B,  33,  5), 
and  are  shown  on  some  monuments  (as  on  the 
sarcophagus  in  British  Museum ;  see  Baumeister, 
1610).  The  fixed  chairs  which  were  set  up  in 
theatres  or  other  public  places,  for  certain 
oflficials  or  as  a  special  honour,  are  described  in 
the  article  THBOirns. 

The  Romans  made  use  of  all  the  forms  of 
chair  known ,  to  the  Greeks,  and  do  not  seem 
to  have  had  any  peculiar  shapes  of  their  own. 
The  general  term  in  Latin  is  sedile  (=  KaB4Bpa) 
for  au  kinds  of  seats,  while  the  varieties  are  the 
scamnvm  or  subsellitsm  (=  fidOpoy^f  the  sella 
(  =  8/^pof),  the  cathedra^  and  the  solium. 
[Thronub.] 

The  sdla  was  th«  commonest  form,  and  was 
used  by  all  classes,  both  men  and  women  ; 
whereas  the  dathedra  was  specially  an  easy 
chair  for  ladies,  children,  and  sickly  folk.  It 
was  used  no  less  in  private  houses  than  in 
workshops  (Clc.  Cat  iy.  8,  17  ;  Verr,  iy.  25, 56), 
and  in  schools,  though  whether  the  pupils  were 


BELLA 


619 


allowed  to  use  it,  or  were  confined  to  the 
subsellia,  has  been  disputed:  Gttll,  in  Becker's 
Gallus,  ii.  p.  347,  maintains,  with  good  reason, 
against  Marquardt,  that  the  pupils  had  only 
subsellia.  [LuDUS  Ltitebarius,  p.  97.]  Like 
the  ii^pos,  it  might  be  plain  or  yery  highly 
ornamented,  and  was  covered  when  in  use  by  a 
cushion  (pu/oinus),  but  never  upholstered.  It 
was  made  not  only  with  four  upright  legs,  but 
in  the  form  of  a  campstool ;  and  this  shape* 
though  in  common  use  for  every-day  purposes^ 
is  best  known  as  peculiar  to  the  sellae  curules  of 
the  higher  Roman  magistrates,  the  office  they 
held  being  on  this  account  called  a  magistrahii9 
cundis.  The  derivation  of  curulis  is  uncertain,, 
but  that  from  currtw,  which  was  given  by  the 
ancients  (cf.  Gavins  Bassus,  quoted  by  Gellius,. 
iii.  18,  and  Festus,  Ep.  p.  49),  seems  best  to  ac- 
cord with  the  customs  connected  with  the  magi- 
strate's  chair,  which  was  originally,  it  would 
seem,  placed  in  the  magistrate's  chariot.  The 
actual  carrying  of  the  chair  is  not  mentioned 
in  historical > times;  but  the  underlying  idea,, 
that  the  right  of  moving  the  sella  curulis  be- 
tokened a  jurisdiction  that  was  not  confined  t» 
any  one  place,  like  a  tribunal,  but  extended 
wherever  the  magistrate  had  a  right  to  drive, 
is  clear  enough  (cf.  Liy.  iii.  11,  **consuIes  in. 
conspectu  eorum  positis  sellis  delectum  babe- 
bant'').  Even  out  of  Rome,  the  magistrate 
brought  with  him,  as  symbol  of  his  rule,  a 
seUa  castrensis  (Suet.  Galba,  18).  The  import- 
ance of  being  seated  when  acting  oflicially  runa 
through  the  whole  of  Roman  ceremonial  eti- 
quette, subordination  being  expressed  when  the 
people  stood  before  the  seated  magistrate,, 
equality  when  the  senate  sat  in  his  presence. 
The  same  was  the  rule  in  social  life;  for  the 
paterfamilias  receiyed  visitora  sitting,  and 
younger  people  or  those  of  lower  rank  rose 
in  the  presence  of  an  older  or  more  honourable 
man.  So,  too,  the  public  rose  when  the  magi- 
strate entered  the  amphitheatre  during  the 
games  (Suet.  Chud.  12).  The  difierence  in  the 
position  of  magistrates  was  also  shown  by  the 
fact  that  the  seUa  cundis  was  confined  to  the 
consuls  and  praetors,  all  magistrates  with  the 
consular  or  praetorian  imperium  (e.g.  decemviri 
and  tribnni  militares :  cf.  Liv.  iii.  44,  9,  iv.  7),. 
the  Dictator,  the  Magister  Equitum,  the  Censor^ 
and  the  Flamen  Dialis. 


Sellae  Curules,  from  Pompeii.  (JAM.  Borbon.  vl.  tav.  28.) 

The  sella  cttrulis  was  a  campstool,  which,  when 
open,  had  a  square  seat  and  was  without  a  back 
or  arms.    Its  legs  were  curved,  whence  it  is 


called  Sffpoi  irrmi3i6nvt  by  Greek  wriUn 
<PlDt.  Mar.  S\  a  fonn  vhich  u  iIiditd  oh 
nnmeroii*  ironomeiit*,  ««peciallj-  coin*;  cf.  a 
gnTetlone  in  tha  UuMum  kt  Arignon  (Cahi 


,   1868,  p. 

106),  iDd  it  of  (impln  ihape  with  atnigbt  Up. 

Tie  tella  mmlit  wu  alio  nod  hj  magittratM 

in  the  monicipin  (cf.   Mammien,    SlaattrteU, 

i.  384).     Other  magiitratei  hxd  chain  of  ofRc«, 

tbat  of  the  quMitor  hiring 

ir  iliaighC  len,  bnt   n<>t 

■rTangeil    fur    iliDttiiig  to- 

.    gether  (cf.  Lonfpetiei,  Rm. 

\    Arch.  1868,  p.  58  ;  called  bj 

bin)   tv^lUmi},  while  the 

tiibunet  aad  other  college! 

had  a  bench  (ntMlInun). 

The  biKllium  ii  not  ■  ma- 

glitrate'i  Hit,  and   iti    oae 

wai  conScnl   to    the  maiii- 

ci|iia,  IV here  it  nia  giren  at 

hoDoar  to  the  Augiutalei 


Itw 


in  thii 


a  double 


theatre  (Orelli, 
4044,  4046>  The  deco- 
riones  leem  to  hare  had  It 
by  Tight  of  their  office,  a* 
the  biielUatia  konor  ii  not 
given  among  their  titles  on 
inter iptions.  Some  of  the 
itucriplioni  are  accompanied 
by  a  repreientation  of  a  aest. 


it  more  like  a  leUa  curuHl  (.:f. 
Jordan,  Aanali  d.  Init.  lBe2,  p.  293  ;  and  Cistel- 
lani,  Bitllettino  delta  Commiaioiu  Arch.  Mank'p. 
1874,  p.  22).  In  any  caie  there  doe*  not  acem  to 
be  the  alightett  reaaon  (Varro,  L.  L.  r.  128,  i)  not 
definite)  for  giving  the  name  bitelliUm  to  a  clau 
of  lellaa  found  at  Pompeii,  and  reprcaented  in 
the  accompaDjing  cot,  taken  IVotn  the  ipecimen 
in  Itia  Hamilton  Collection  at  the  Britiib 
Mutenm,  in  which  it  ia  la  be  noted  that  the 
■npporU  on  which  the  cusbiona  retted  hare  been 
wrongly  reatored  ai  anpport)  below  instead  of 
above  the  teal.     [PiTLViKin.] 

Sedan  chain  were  known  aa  idlae  geibtioriat, 
portatariat,  or  ferleriae,  and  are  contraaled  with 
the  litter  (fectioa:  ef.  Mart.  i.  10,7;  li.  dS, 
10),  though  occuiooally  the  distinction  ia  not 
nbierred  (cf.  Mart.  it.  51,  where  the  itvjrns 
liexapAoron  can  only  be  a  Itctka,  and  yet  ia 
railed  idla}.  Theie  were  known  in  Greece  u 
an  Oriental  innovation,  and  were  at  Home  nted 
by  ladiea,  lenatora'  wiiei  haviog,  it  would  »eem. 


a  apeeial  aort  (Ko  Caaa.  Wii.  15),  bat  ander  the 
Empire  their  uae  beuame  common  with  men. 
Thu*  they  were  ua«d  by  Augoatui  (Suet.  Awj. 


Bella.    (BrHU  Uannm.) 
53)  and  aaadiui  (Dio  Can.  Ii.  2,  tlfptr^mrm- 
'r4yif    wpvrat    'Pitfiaiar    txfiinrrt},   and    in 

later  timei  almoat  unircraally.  Thar  were  often 
large  enough  to  hold  two  person!  (^lin.  Ep.  lii. 
5,  15),  and  were  either  open  (aptrbie)  or  covered 
over  (optrfoc),  and  could  be  ahut  cloae  (cf.  Jut. 
i.  124),  aometimei  with  window!  ar"buira-eye" 
glaai  (Jut,  ir.  21).  Another  variety  of  aedan 
-chair  i>  the  cathedra,  which  ii  probably  the  time 
as  the  itlla  vtuliebrii  in  Suetoniua,  OlA.  6,  and  in 
any  enie  was  covered,  For  Seneca  regarda  it  a! 
one  of  the  nanilati  of  hia  time  ihitf  women  went 
abont  in  open  chaira  (df  Bene/,  i.  9,  3).  The 
roof  of  the  ulla  wai  called  araa  (cf.  Tac  Ann. 
it.  57,  where  a  woman  hangi  herwlf  from  the 
arnu).  (Buchholi,  Die  Aoin.  Kaalien,  ii.  138  J 
Helbig,  Dot  horn.  Epo3, 18S7,  p.  118  ;  Hermann- 
Bliimner,  LehHmc/t,  p.  158; —  Becker  •  Gull, 
Lhariklet,  iii.  p.  82  ;  Galtia,  ii.  p.  347,  iii.  p.  7 ; 
— Mommaerf,  i^taaitredit,  i.  pp.  370  ff.,  380  ff. ; 
Marquardt,  Privalleben,  1886,  p.  725 ;  Blumner. 
TccKn.  V.  Indei,  a.  v.  Sttael;  JTuiu^einrrAc,  ii. 
p.  29  ;  Iwnn  MuUer,  Haadbucli,  ir.  pp.  379,381, 
380,  509,  519;  Darenibet|;  and  S^lio,  Diet. 
AnHq.,  art.  Bitellaua,  CiMtdraj  IWnmeiater. 
DentmaUr,  art  Snmt;  Mayor,  Juioemal,  not« 
on  i.  124,  IT.  31.)  rw.  P.  C  AJ 

BBLLAE  EQUE8TBES.    [£pKD'nim.J 

SEMENTI'VAE.    [Fkkiae.] 

SENATU^.  The  "aenate"  or  "coandl  of  I 
elden  "  (acniore!;  camp.  Ihe  Greek  -yifttiriii) 
ranked  with  the  kingthlp,  and  the  aasemblj  of 
bargeaaesamon^theoldealof  Koman  inrtitntiona, 
and,  like  the  two  latter,  eiisted  tio  among  the 
kindred  commanitiea  of  Latium  (Momnuei^ 
Staalsr.  iii.  836,  note  2).  It)  creation  i>  aacrihed 
by  tradltioQ    to    Romi^qa   (1-iT.  ~' 


memben 

colled 


of  the 
I  appellati 


t  tnaloHt.      The 


and  uaed  b>  equivalent  tr, ^    -- 

the  two  function*  inherited  by  the  niied  leoib 
f^om  it*  patriciao  predeceuor,  the  ajtpoini * 


nperally  agreed.     From  81  B.a  to  the  dio> 
t^hip  of   Caesar,'  the    nominal    maiimum 


\ 


BKNATU8 

of  the  interrez,  and  the  ratification  of  Totei  given 
by  the  assembly,  are  always  spoken  of  as  acts 
of  the  patre8,thoiigh  in  fact  performed  by  the 
senate  as  a  wfrole.  [For  this  and  for  M ommsen's 
rival  theory,  that  patret  in  these  cases  always 
meant  only  tbe  patrioian  members  of  the  senate, 
see  below.]  The  £ict  that  the  patriciah  patres  had 
once  formed  the  whole  senate,  and  that  plebeians 
were  not  admitted  until  a  later  time,  was  possibly 
commemorated  by  the  official  term  patres  con- 
9cripU;  the  amacripti  denoting  orlgini^Uy  the 
plebeian  members  called  up  by  the  magistrate 
(Featoa,  p.  254;  Liv.  ii.  1;  Momuaeflphaato'. 
iiL  839  ;  Madvig,  Yerfau,  i.  125.  Willems,  Le 
S^Hot^  L  37  aqq^  maintains  on  the  contrary 
that  the  term  means  simplv  **  assembled  father^." 
For  llommsen*s  view  of  the  inferior  position  of 
the  plebeian  conacripti,  see  below). 

I.  Number'  of  the  Senate. — Roinan  tra^itio^ 
repreeents  the  senate  as  consisting  originally 
of  100  members  (Liv.  i.  8),  and  as  having  been 
gradually  enlarged  to  300,  though  of  the  steps 
by  which  this  increase  was  effected  it  gives 
no  consistent  account.  That  300  remained, 
tha  normal  number  down  to  the  time  of  Soil 
is 

tat  ^ 

was  "^600.  Under  Caesar  the>  numbers  roM  to 
900  (bio  Cass,  zliii.  47);  under  the  triumvirs 
to  over  ^000.(Suet.  Aug,  35,  **  erant  enim  super 
mille : "  cf.  Mon.  Aneyr.  5,  6).  Augustus  re* 
duced  them  Quce  more  to  600  (Suet.  /.  c. ;  Dio 
Cass.  liv.  13) ;'  but  there  is  no  proof  that  either 
by  himself  or  his  successors  was  this  limit 
strictly  observed.  [The  advice  given  by  Maecenas 
to  Augustus  not  to  be  particular  as  to  the 
number  of  senators  (fUfSey  wcpl  rov  wX^ffour 
airmv  iutptfiokoyo^t^pos,  Vio  Cass.  Hi.  19)  may 
be  taken,  with  Mommsen,  to  represent  the 
practice  of  Dio's  own  time.  See  Mommsen, 
JStaatsr.  iii.  850,  note  3.] 

II.  Admission  and  expulsion  of  Senators,-:^ 
It  was  a  distinctive  peculiarity  of  the  Roman 
senate,  that  admission  to  its  ranks  was  always 
given,  not  by  popular  election  or  by  cooptation, 
but  by  the  act  of  the  magistrate,  who  has  for 
the  time  being  the  authority  legere  in  semUutn; 
and  though,  -as  •  will  be  shown,  his  freedom  of 
choice  was  under  the  later  Republic  so  restricted 
by  law  as  to  reduce  the  lectio  s^natus  to  little 
more  than  the  formal  enroliAent  oiViierftons  with 
a  legal  claim  to  be  enrolled,  yet  his  \tion  con- 
tinued to  be  indUpensable  (Val.  Maz.*H.  3,  1), 
and  vider  the  Empire  regained  much^^  its 
original  libertv.  The  two  principles  tba^he 
senate  was  only  a  council  of  advice  for  the  ina- 
giatrate,  and  that  the  magbtrate  selected/his 
councillora,  though  modified  in  practice  bv'  the 
anxiety  of  the  senate  to  assert  its  indepencObnce, 
were  never  fo^nally  abandoned^  and  were]  suc- 
oeasfttlly  re^asserted  b)-  the  Caesars.  [Prof. 
Mommsen  indeed  has  a  theory  that  in  pre-hidtoric 
times  the  case  was  oUjerwise,  and  tha»  the 
original  senate,  as  co&isnng  of  the  asseisbied 
heads  (patres)  of  the  patrician  gentes,  waA  in- 
dependent as  to  its  composition  of  the  authority 
of  the  magistrate  (Mommsen,  StaaUr,  iii.  m4, 
854).  That  the  early  senate  was  compoV«l 
ezdosively  of  patricians  may  be  safely  assum/ed. 
It  is,  moreover,  probable  that  from  this  origoial 
and  close  connexion  with  the  gentes  were  derived 
the  clainu  which  the  patrician  senate  bequenlmed 


8ENATUS  J21 

to  its  patficio-plebeian  lurwesnsr  tbtethe  special 
guardians  pf  the  auspicio,  and  of  the  ancient 
order  of  things  bound  up  with  them.  ^  But  of  a 
strictly  representative  gentile  councii  there  is, 
as  Mommsen  himself  confesses,  no  evidence. 
The  senate  as  first  known  to  us  appears  1u  a 
council  composed  of  patricians,  but  of  patricians 
selected  by  the  chief  magistrate  [Liv.  i.  8, 
**  Romulus  centum  creat  senatores."  Willems* 
theory  (Le  Senat,  i.  '26)  that'  the  senate  was 
originally  a  ^  reunion  de  tons  les  patres  fami* 
liaru/n  seniores  des  families  patriciennes,'*  and 
that  subsequently  **  le  chotz  royal  succdda  au 
droit  d'h^r^t^,"  is  an  equally  unfounded  and  a 
less  plausible  oenjecturel 

Starting  from  the  earliest  system  known  to  us, 
that  under  -which  the  senators  were  chosen  by 
the  jpagistrAe^e  havelto  consider,  (1)  to  what 
magistrates  thV  right  of  choice  was  successively 
granted;  (2)  bv  what  conditions,  legal  or 
customary,  the  choice  was  limited ;  and  (3)  the 
mode  in  which  the  lecUotenatui  ytSA  carried  out. 

(1.)  Qrhe  prerdgative  of  choibsiag  senators 
belohffed  atllTst  to  the  kii^^  From  the  king  it 
passecb  to  the  consuls,  and  was  during  a  brief 
period  granted  to  their  temporary*  substitutes, 
the  tribuni  miUtum  consuiari  potestate  (Festus, 
p.  246,  *'  ut  reges  sibi  legebant,  sublegebantque 
quoe  in  oonsilio  publico  haberent,  ita  post  exactos 
eos  consules  quoque  et  tribuni  militum  consuiari 
potestate  conjunctissimos  sibi  quosque  patrici- 
orum  et  deinde  plebeiorum  legebant").  The 
date  at  which  it  was  transferred  to  the  censors 
is  uncertain.  That  the  change  was  not  made 
before  387  A.U.C.  =  367  B.C.,  the  last  year 
in  which  consular  tribunes  were  appointed, 
is  implied  in  the  passage  quoted  above  from 
Festus;  and  it  was  not  therefore  coeval  with 
the  institution  of  the  censorship  itself  (443  D.c.)w 
According  to  the  same  passage,  it  was  effected 
by  a  Lex  Ovinia  tribunicia :  **  donee  ()vinia  tri- 
bunicia  intercessit  <|ua  sanctum  est  ut  censores 
ex  omni  ordine  optimum  quemque  curiatim  (sic} 
in  senatum  legerent ; "  and  may  be  assumed  to 
have  been,  as  such,  made  in  the  interest  of  the 
plebs.  We  may  consequently  place  it  after  the 
passing  of  the  Lex  Publilia  (339  B.C.X  which 
enacted  that  one  censor  must  be  i^  plebeian  (Liv. 
viii.  12),  since  a  tribune  of  the  pleU  at  that  period 
would  not  have  been  likely  to  entrust  the  choice 
of  senators  to  patrician  magistrates.  The  first 
recorded  kctio  senatus  by  censors  is  the  famous 
one  in  the  censorship  of  Appius  Claudius  Caecus 
(312  B.a ;  Liv.  iz.  29),  so  that  the  Lex  Ovinia 
and  the  transference  of  the  lectio  senatus  to  the 
censors  may  be  assigned  to  some  date  between 
339  II.&  and  312  B.G.  (Mommsen,  Staatsr.  it  395 ; 
Willems,  i.  155>  With  the  censors  the  duty 
remained  down  to  the  close  of  the  Republic, 
though  on  two  occasions  it  was  entrusted,  as  an 
eiceptional  measure,  to  a  dictator.  In  216  B.a, 
after  the  battle  of  Cannae,  M.  Fabius  Bnteo  was 
created  dicUtor  for  this  purpose  (Liv.  xxiiL  22, 
^  qui  senatum  legeret ") ;  and  Sulla  exercised  the 
prerogative  as  dictator  in  81  B.C.  (Appian,  B.  C 
i.  100).  Both  Julius  Caesar  and  the  triumvira 
*" selected  senators"  in  virtue  of  the  eztra- 
ordinary  powers  vested  in  them.  Augustus, 
true  to  his  general  policy,  made  a  partial  return 
to  the  old  practice.  Although  the  censorship 
proper  ceased  to  ezitt,  and  the  creation  of 
senators  devolvwi  upon  the  prinoepe,  the  old 


V 


622 


SENATUS 


SENATTJS 


conn<*iioii  between  this  act  and  the  censorial 
authority  was  not  entirely  lost  sight  of.  Of 
the  three  regular  Icctiones  senatus  held  by 
Augustus  {Mon.Ancyr.  ii.  1,  **senatum  ter  legi  "j, 
the  first  certainly  and  the  two  others  profcNfibly 
coincided  with  the  three  census  of  Roman 
citi2ens  taken  by  him  in  28  O.C.,  8  B.C.,  and 
14  A.D.  Moreover,  though  under  Augustus  and 
his  successors  both  the  calling  up  into  the  senate 
of  persons  legally  qualified  by  the  tenure  of 
the  quaestorship,  and  the  removal  from  the 
list  of  the  names  of  such  senators  as  had  died 
or  proved  themselves  unworthy,  took  place 
annually  and  quite  independently  of  any  cen- 
sorial authority,  the  direct  admission  (adlectio) 
of  men  freely  selected  by  Caesar  was  a  power 
only  occasionally  exercised  in  the  first  century 
and'  always  in  virtue  of  the  censorial  authority, 
€.g.  by  Claudius,  Vespasian,  and  Titus  (C.  I.  L.  v. 
3117;  Orelli,  3659;  Mommsen,  Staatsr.  ii.  877, 
iii.  857).  Domitian,  as  censor  for  life,  first 
«xercised  it  continuously.  From  his  time  on- 
wards the  right  was  possessed  and  used  by  all 
emperors  at  their  discretion,  and  without  any 
reference  to  censorial  authority  as  a  power  in- 
herent in  the  imperial  prerogative  (Mommsen, 
Staatsr.  iii.  857). 

(2.)  The  old  constitution  left  the  king  or 
consul  free  to  choose  as  senators  the  men  hC' 
thought  best  fitted  for  the  post,  f  Full  citizen- 
ahip,  free  birth  (ingentUta8)y  and  good  character 
were  no  doubt  always  indispensable  for  a  seat 
in  the  senate  as  for  a  magistracy ;  but  although 
custom  may  have  limited  the  choice  of  the  king 
to  patricians,  there  is  no  proof  that  he  was  pro- 
hibited by  law  from  admitting  plebeians ;  and 
the  adiAission  of  the  latter  is  represented  in 
tradition  as  the  free  act  of  the  king  or  consul, 
not  as  the  consequence  of  special  legislation.. 
[Liv.  ii.  1.  Mommsen's  theory,  that  originally 
a  seat  in  the  senate  was  an  exclusively  patrician 
privilege  (^Staatsr,  iii.  870),  must  stand  or  fall 
with  his  hypothesis  mentioned  above,  of  a  time 
when  the  senate  was  a  representative  council  of 
the  gentes.  As  he  confesses  himself,  no  traces 
are  discoverable  of  any  formal  representation  in 
the  senate  of  the  gentes  or  curiae.]  The  classical 
passage  in  Festus  describes  the  kings  and  consuls 
as  chocking  freely  :  >*  conjunctiasimos  sibi  quos- 
que  .  ^ .  legebant ; "  so  that  to  be  passed  over  in- 
flicted no  disgrace,  **  praeteriti  senatorea  in  op- 
probrio  non  erant  "  (Id.  •&.).  Even  by  the  Lex 
Ovinia  the  censors  were  directed  to  choose  *'  ex 
omni  ordine  optimum  quemqhe;'*  and  Cicero 
declares  (pro  Sest.  65,  137)  that  the  original  in- 
tention of  the  constitution  was,  that  the  senate 
should  be  open  "  omnium  civium  industriae  ac 
virtuti.*'  But  this  early  freedom  of  choice  was 
gradually  restricted.  It  is  probable  that  the 
consuls  at  the  end  of  their  year  of  office  had 
always  a  claim  to  be  enrolled  as  senators,  and 
we  may  assume  that  this  privilege  was  con- 
ceded from  the  first  to  praetores.  When,  owing 
to  the  transference  of  the  lectio  aenatus  to  the 
censors,  the  rension  of  the  senatorial  list  took 
place  not  annually  but  quinquennially,  the  ex- 
magistrates  who  had  a  claim  to  be  enrolled  were 
permitted,  after  the  end  of  their  year  of  office 
and  while  \Vaiting  for  the  next  quinquennial 
leciiOf  to  enter  the  senate-house,  and  though  not 
yet  senators  to  give  tht^'iT  senteiUiae  with  the  jest. 
Hence  the  distinction  drawn  between  **8enatores  " 


and  those  '*  quibns  in  sena  In  sententiam  dicere 
licet."      (Liv.  xxui.  32;  Feat.  p.  339;  Varro, 
ap.  Gell.  iii.  18,  **  qui  nondiim  a  oensoribus  in 
senatum   lecti,  senatores  non  erant,  sed  quia 
honoribuB  popali  usi  erant,  in  senatum  veniebant, 
et  sententiae  jus  habebanL")    The  number  of 
magistracies   carrying   this  privilege  increased 
as  time  went  on.    By  216  B.a  it  had  evidently 
been  extended  to  the  curiile   aedileship)    since 
Livy,  in  describing  the  lectio   of  that  excep- 
tional year,  plainly  includes  the  cnrule  aedile- 
ship  among    the  offices  which   entitled    their 
holders  to  a  seat  in  the  senate  (Liv.  xxiL  4i^, 
"  unde  in  senatum   legi   deberent,"   xxiii.  23 ; 
and  Mommsen,  Staatsr,  iii.  860,  note  3).    On 
the  other  hand,  the  minor   magistracies,  the 
plebeian  aedileship,  tribunate,  and  quaestoiship 
gave   no  such   right  as  yet;  although,  as  we 
might  expect,  former  holden   of  these  offices 
were  selected  next  to  ex-cnrule  magistrates,  and 
before  such  private  citizens  as  had  distinguished 
themselves  in  war:  '^primum  in  demortnomm 
locum  legit,  qui  post  L.  Aemilium,  C.   Flami- 
nium  censores  curulem  magistratnm  ceplssent, 
necdum  in  senatum  lecti  essent. .  .turn  legit  <{ui 
aedilea,   tribnni   plebis,   quaestoresve   fuerant ; 
turn  ex  iis  qui  magistratus  non  cepissent,  qui 
spolia  ex  hoste  fixa  domi  haberent  aut  dvicam 
coronam  accepissent "  (Liv.  xxiii.  23).  By  Sulla's 
time,  if  not  before,  the  customary  preference 
hitherto  given  to  ex-holders   of  the  plebeian 
aedileship  and  tribunesfaip  had  been  exchanged 
for  a  legal  claim  both  to  the  provisional  seat 
and  jus  sententiae  in  the  senate,  pendinc  the 
next  censorial  lectio,  and  to  formal  ^rolment 
as  senators  when  the  time  for  the  lectio  arrived. 
[These  privileges  were  apparently  given  to  the 
tribunes  by  the  plebiscitum  Atinium  (Gell.  xiv. 
8,  2,  **  senatores  non  essent  ante  Atinium  plebi- 
scitum "X  ^^^  date  of  which  must  fall,  according 
to   Mommsen,  between    123  D.C.  and  102  B.C. 
(Mommsen,   Staatsr.   iii.   862,  note  2)^     When 
the  plebeian  aediles  obtained  them  ia  nnccrtain. 
Mommsen  infers,  from  their  inclusion   in  the* 
Lex  Acilia  among  those  **  quei  in  senatn  sient/' 
that  they  had  done  so  before  122  ii.c.  (•&.  861, 
note  2).]  Finally,  the  same  rights  were  attached 
to  the  quaestorship  by  Sulla  (Tac.  Ann.  xi.  22, 
^*  viginti  quaestores  creati  supplendo  aenatni ''). 
But  these  rights  hod  long  lost  all  value  for  the 
hqUers  of  tHe  higher  officet-^' since,  owing  to 
thS^gradr^  establiahment  of  a  fixed  cider  of 
8uccessi'«Ato  these  posts,  a  man  was  prewtteabhr 
alreai*/  a  senator  by  the  time  that  be  reached 
evp;i  the    lowest    curule    magistracy.      After 
Sulla,  they  were  of  importance  only  for  the 
quaestorship,  which  was  then  legally  established 
as  the  first  step  in  the  ladder  of  promotion.    As 
a  rule  even  the  tribunate  was  taken  aftCT  the 
quaestorship,  and  its  holders  were  consequently 
already  senators.    The  effect  of  these  changes 
was    practically  to    destroy .  the    magistrate's 
freedom  of  choice.      He  still  created  senators, 
but  ^  as    a    rule    the  number  of   ex-quaestors 
awaiting  his  call,  and  with  a  legal  claim  to  be 
f:alled,  must   have    been  sufficient  to  fill  the 
vn</hncies,  and  have  left  no  room  for  otherx. 
Of  senators  admitted  by  free  selection  of  the 
magistrate,  there  is  no  trace  after  70  B.C.,  until 
we,  reach  the  dictatorship  of  Caesar.    The  votes 
of  the  people  in  Comitia  in  fact  gave  admi.<- 
8io7  to  the  senate.    (Cic.  pro  Cfy^U,  56,  1^'>3» 


^U^^     TTT^ 


SNATUS 


623 


« 


ana 
jy  in 
hich 

old 


judicio  popnli  Roman!  in  amplissimx! -:    >    fa 
perrenire.")    But  the  "  call "  of  the  n  . 
was  still  indispensable ;  and  with  the  i 
became  once  more  a  reality.    The  qu£ 
still  retained  its  right  to  gire  a  seat;   u-.     ' 
true  that  the  transference  of  the  eler^  «l^ 
the  quaestorship  to  the  senate  hj  Tibe-i'<     '  <\ 
that  body  in  appearance  a  complete  cor  *  • 
its  own  composition,  and  substituted  c  f 
both  for  the  free-ehoice  of  the  magis-  .-u*^' 
for  the  TOtes  of  the  people.     But  it  wi  s  •-•. 
appearance;  for, apart  from  the  infiuen  •    a 
his  control  of  the  qnaestorian  elections  g    • 
the  emperor  possessed  -and  exercised   *>.e 
right  of  direct  admission,  now  known  as  ^^'ctio, 
possibly  to  distinguish  it  from  the  old  periodic 
/gctionet  of  republican  times  (Mommsen,  Staatsr, 
ii.  877,  note).    This  right,'used  occasionally  (see 
abore)  by  the  earlier  emperors,  was  from  the 
reign  of  Nerva  onwards   constantly  exercised. 
The  person  so  admitted  was  assigned  a  definite 
place  on  the  roll,  usually  **  inter  tribunicios," 
oocaaionally  ^  inter  praetorioe,"  and  in  the  3rd 
century  even  'Mnter  consulares;"  this  titular 
rank  counting  as  equivalent  to  the  actual  tenure 
of  the  office  itself.     The  increasing  frequency  of 
these  adleciiones  indicates  the  use  of  the  method 
as  a  means  of  strengthening  the  emperor's  hold 
over  the  senate,  and  of  promoting  his  friends  and 
protSf€s  (Mommsen,  Staatsr.  ii.  877  sqq, ;   Vita 
Pert.  6,  **cum  Commodus   adlectionibus  innu- 
meris  praetorios  miscuisset ;  "    Vita  Marci,  10, 
**  mnltoa  ex  amicis  adlegit "). 
r  No  qualification  of  age  or  property  was  origin-' 
ally  fixed  by  law  for  a  seat  in  the  senate ;  but 
from  the  time  when  election  to  the  quaeHorship 
became  the  normal  mode  of  entry  into  the  senate, 
the  legal  age  for  this  office  became  practically 
that  for  the  senate  also.     Under  the  later  Re- 
public it   was   consequently  thirty;   from  the 
time  of   Augustus  onwards,    twenty-five  (Dio 
Cass.  lii.  20;   Quaestob).     A  property  quali- 
fication was  first  introduced  by  Augustus,  who 
fixed  it  at  one  million  sesterces  (Dio  Cass.  liv.  17  ; 
Suet.  Avg.  41 ;  Tac  Ann.  i.  75,  ii.  37).     Under 
Trajan,  all  candidates  for  office,  and  therefore 
for  a  seat  in  the  senate,  were  compelled  to  invest 
a  third  of  their  property  in  Italian  land  (Plin. 
Epp.  vi.  19).    This  proportion  was  reduced  to  a 
fourth  by  M.  Aurelius  iVit.  11). 

It  should  lastly  be  mentioned  that  in  the  early 
days  of  the  Empire  the  Roman  franchise  was" 
given  to  Gauls  (Tac.  Ann.  xi.  23),  and  pos- 
sibly to  other  provincials,  without  the  right  of 
standing  for  office  in  Rome  (jus  honorum) ;  and 
to  such  men,  therefore,  unless  directly  admitted 
by  the  emperor,  the  senate-hoifse  wos  closed. 
Bat  of  this  special  disability  no  trace  is  found 
after  the  reign  of  Claudius. 

With  the  right  of  creating  senators  was 
closely  connected  that  of  removing  them  (loco 
mocere\  or  omitting  them  from  the  revised  list 
{praeterire)*  Of  the  mode  in  which  it  was 
ex^cised  by  the  kings  and  'consuls  we  know 
nsthing  beyond  the  statement  in  Festus,  that, 
inasmuch  at  the  magistrate  then  drew  up  thej<''    (3.)  The  mode  in  which ^e  lectio  or  re\ 


list  as  he  chose,  no  stigma  attached  to  those 
whose  names  were  left  out  (Festus,  p.  246  :  see 
above).  It  is  easy  to  understand  that  the  senate 
would  resent  being  >•  •  >ix  pletely  at  th 
trate*s  mercy ;  and  t  •  ^  .  .  Ovinia,  carr 
was  when  the  sena'  lowly  establis 


ascendancy  (839-312  B.a),  seems  to  have  given 
greater  security  to  the  senator's  tenure  of  his 
seat.     By  transferring  the  **  revision  of  the  list " 
to  the  censors,  it  substituted  a  quinquennial  for  I 
an  annual  revision ;  and  though  the  removal  or 
omission  of  a  name  henceforward  inflicted  dis- 
I  grace,  this  was  probably  due  in  part  to  the  fact 
that  the  censors,  possibly  under  a  clause  of  the 
law,  were  obliged  not  only  to  be  ngreed  in  doing, 
so  (App.  i.  28  ;  Liv.  xl.  51 ;  Cic.  pro  Ciuent.  4.S, 
122),  but  to  state  in  writing  their  reasons  for 
inflicting  the  penalty  (Ascon.  in  tog.  Cand.  p.  84 ; 
Liv.   xxxix.    42,   **  adscriberent  notas ").      The 
power  was  no  doubt  abused  more  than  once  for 
party  or  personal  purposes,  but  in  the  main  the 
evidence    points    to    the    conclusion    that    the 
arrangement  gave  a  senator  fixity  of  tenure, 
unless  he  were  guilty  of  some  act,  or  had  in- 
curred some  public  disgrace,  which  by  law  or 
custom  disqualified  him  for  sitting  in  the  senate 
(e.g.  deprivation  of  his  office  for  misconduct,  loss 
of  civic  rights,  conviction  in  certain  case$  in  a 
court  of  justice,  gross  immorality,  extravagance, 
&c.).     After  70  B.C.,  when  the  censors  exj^dleda 
number  of  the  unworthy  members  placed  on  the 
list  possibly  by  Sulla,  the  power  of  expulsion  or 
omission  remained  in  abeyance ;  (Bull.,  Cat.  23, 
gives  an  instance,  belonging  to  70  B.C.),  though 
Cicero  in  the  Laws  advocates  its  revival  (^  pro* 
brum  in  senatu  ne  relinquunto,"  de  Legg.  iii. 
3,  7).      Under  the  Empire  it  came  again   into 
exercise.      The   thorough  **purgings"   of   the 
overgrown  senate  by  Augustus  in  29-28  b.Cm 
and  again  in  18  B.G.,  were  no  doubt  exceptional^ 
(Suet.  Aug.  35 ;  Dio  Cass.  lii.  42,  liv.  12),  as  war 
that  carried  out  by  Vespasian  after  the  civil 
wars  of  69  A.D.  (Suet.  Vesp.  9,  '*summotis  in- 
dignissimis  '*).    But  alike  at  the  periodic  lectiones 
held  by  Claudius,  Vespasian,  and  Titus  as  censors, 
and  at  the  yearly  revision  of  the  senatorial  list, 
not  only  were  the  names  removed  of  those  who 
had  vacated  their  seats  by  death,  by  loss  of 
the  necessary  property  qualification  (unless  the 
loss,  at  frequently  happened,  was  made  good  by 
the  emperor :  Tac  Ann.  i.  75,  ii.  37,  xiiL  3^ 
Suet.  Nero,  10),  or  by  condemnation  in  a  cou  * 
of  law ;  but  those  were  also  expelled  who  for  oi 
reason  or  another  were  held  by  the  emperor 
be   unworthy  (Ann.   ii.   48,   "prodigos    et  « 
fiagitia    egentes ; "  iv.  42,  **  quod  in  acta    * 
August!  non  juraverat ; "  xi.  25,  **  famoaos  ; 
Suet.  DomU.  8,  **quod  gesticulandi  saltanuiq^' 
studio  teneretur :  "  the  alternative  of  voluntai 
withdrawal  was  sometimes  given,  Ann.  iit.4^  i 
This  power  of  removal,  exercised  as  it  was  wi. 
increasing  freedom  and  even  arbitrariness  as  tit 
went  on,  combined  with  the  more  frequent  i- 
of  the  right  of  adlectio  completely  to  destr 
that  practical  independence  of  magisterial  conti 
which  the  republican  senate  had  gradually  w 
for  itself.      The  senate  under  the   Principa 
became  again  what  it  must  have  been  in  ear. 
days — a  body  «f  councillors,  largely  selected  )<" 
the  chief  magistrate  at  his  discretion,  and  r- 
tainiu:  their  seats  atihid  i[ood  pleasure. 


ini||g_t 
(SOTl 


the  list  was  carried  out  has  next  to  be  de 
Our  knowledge  of  t'  '  mences   v 

period  when  the  revi  *   the  senate 

the  hands  of  the  cens<  t  the  earli 

339  B.C.     Although  '  '  >  senatus  >. 

apparently  an  integra    ■        •  f  the  cen« 


624 


SENATU8 


\ 


SEXATU8 


V 


the  rtcogmtio  equitwn  (Motnmsen,  Staatsr.  ii. 
396,  «nd  80  Willeois),  it  seenu  to  hare  im- 
mediately preceded  it  (Liv.  xxir.  18;  xzvii.  11, 
&c.).  It  was  conducted  usually  by  both  censors 
jointly  (Ut.  zxzii.  7,  zl.  50 ;  Willems,  i.  241), 
though  on  one  occasion  at  least  it  was  decided 
by  lot  which  of  the  two  should  undertake  the 
work  (Liv.  xxvii.  11,  '<sors  legend! ").  The 
first  point,  down  to  81  B.&,  was  to  select 
the  senator  whose  name  should  stand  at  the 
head  of  the  list  as  ''princeps  senatus"  and 
enjoy  the  priyilege  of  giving  his  aententia  first. 
This  honour  belonged  by  ancient  custom  to  the 
oldest  patrician  ctnaorhts  (Liv.  /.  c. ;  Mommsen, 
Staatsr,  iii.  970).  After  209  B.C.  any  patrician 
censoriuB  might  be  chosen  irrespective  of  seni- 
ority. From  the  time  of  Sulla  onwards,  it  is 
not  clear  that  any  prmoepa  aenaiut  in  the  old 
sense  was  appoint«i  :  the  list  in  the  Ciceronian 
age  was  possibly  headed  by  the  senior  consular, 
and  at  any  rate  the  poet,  if  it  survived  at  all, 
must  have  been  deprived  of  most  of  its  import- 
ance by  the  change  made  in  the  order  of  taking 
the  sentenHaey  which  took  away  from  the  prinoeps 
the  privilege  of  being  asked  first  (Varro,  ap. 
Gell.  ziv.  7 ;  Willems,  i.  1 14,  maintains  not  only 
that  principes  setuUtis  existed  after  Sulla,  but 
that  they  were  no  longer  necessarily  patricians. 
Indeed,  the  three  whose  names  he  gives — 
Q.  Lutatius  Catulus,  P.  Servilius  Vatia,  and 
Cicero — ^were  all  plebeians.  But  his  arguments 
are  not  conclusive).  Under  the  Empire,  the 
emperors,  following  the  example  of  Augustus 
^AfM,  Anc.  Gk.  4, 2,  wpAroy  it^iAfAonts  r^irer  r^f 
irui^KX^ov)^  placed  their  own  names  at  the  head 
of  the  list,  though  only  in  the  «ase  of  Pertinax 
(Dio  Cass.  Izxiii.  4)  was  the  old  title  princeps 
senatus  revived.  The  prinoeps  senatus  chosen, 
the  old  list  of  the  senate  was  gone  .through, 
the  names  of  deceased  members  or  of  those 
legally  disqualified  struck  out,  those  who  had 
risen  to  higher  office  in  the  interval  placed  in 
their  proper  position ;  and  finally,  any  whom 
the  censors  judged  unfit,  struck  off  the  roll.  [In 
the  lectio  of  216  B.a  there  were  no  such  erasions, 
but  this  was  exceptional  (Liv.  xxiii.  23).]  The 
vacancies  were  then  filled  up  according  to  the 
order  described  above,  though  here  again  the 
censors  might  pass  over  one  or  more  of  the 
legally  qualified  claimants.  In  the  completed 
lit-t  the  senators  were  arranged  according  to 
their  official  rank,  from  the  dictatorii  taid  censorii 
down  to  the  quaestorii;  those,  if  there  wex^'wy, 
who  had  held  no  office,  being  no  doubt  placed 
last.  Down  to  the  time  of  Sulla,  the  patricians 
in  each  magisterial  category  took  precedence  of 
the  plebeians  ;  in  the  post-Sullan  period,  the 
members  of  each  category  were  arranged  simply 
by  official  seniority  (Mommsen,  Staatsr.  iii. 
968;  Willems,  i.  259).  Under  the  Empire  a 
senator  might  obtain  precedence  by  the  grant  of 
the  jus  trium  /i&erorttm,  and  earlier  still  by  the 
successful  prosecution  in  a  public  court  of  a 
senator  higher  in  rank  than  himself,  whose 
place  he  took  (Mommsen,  I.  c,  971;  sDio  Cass, 
xxxvi.  40).  Those  persons  directly  admitted 
(adlecti)  by  the  emperor,  amone  the  praetorii  or 
tribunicii,  were  properly  placed  below  the  genuine 
ex-praetors  or  ex-tribunes  (  VU.  Periin.  6)w  The 
list  when  made  up  was  in  Republican  times  read 
aloud  from  the  rostra  (Liv.  xxiii.  23) ;  under  the 
Empire  it  was  regularly  published  (Dio  Cass.  Iv. 


3).  It  held  good  until  the  next  revision,  i.^. 
under  the  Republic,  until  the  next  oeasois  came 
into  office.  Under  the  Empire  the  revision  was 
annual  (Dio  Cass.  /.  c).  The  official  name  for 
the  list,  **  album  senatorium,**  first  occurs  in 
Tacitus  QAnn.  iv.  42). 

- '"  III.  Composition  and  Character  of  tkt  Senate. — 
The  first  important  change  in  the  eomposition  of 
the  senate  must  have  been  effected  by  the  admis- 
sion of  plebeians — a  measure  ascribed  by  tradition 
to  Brutus,  and  certainly  anterior  to  their  admis- 
sion to  the  consulship.     With  the  opening  of  the 
magistracies  to    plebeians,   and    the   additions 
made  to  the  list  of  magistracies  giving  a  legut 
claim  to  a  seat,  the  plebeian  element  in  the 
senate  grew  in  strength ;  and  at  the  dose  of  the 
Punic  wars  largely  outnumbered  the  patrician. 
(See  the  calculations  made  by  Willemsi  i.  pp.  2^5 
sqq.)     The  question  then  arises,  how  far  any 
distinction  was    maintained  as   regards  rights 
and  privileges  between    these  two   elements? 
That  the    interrex   was    necessarily,    and   the 
prinoeps  senatus   customarily,   a    patrician,  ii 
certain  (see  above  and  art:  InterbkzX  ^  ^^ 
that  on  the  roll  patrician  senators  took  pre- 
cedence of  plebeian  senators   of  equal  officul 
rank.     But  on  two  points  there  is  a  division  of 
opinion :  (1)  Were  the  functions  of  appointing 
the  interrex  (prodere  inierregem)  and  of  ratify- 
ing votes  of  the  assembly  (patrwn  eaicioritas) 
reserved    exclusively    for    patriciim    senators? 
(2)  Were  plebeian  senators  at  any  time  witkoat 
the  right  senteniiamdioere?    The  first  question 
is  answered  in   the  affirmative    by   Mommsen 
{BSm,  Farschi^ngen,  i.  216;   Staatsr,   iii.  871) 
and    Madvig   (Verfass,  i.   233,  496);    in   the 
negative  by  Willems  (ii.  1  and  33.     See  r\so 
Interrex).      The  difficulty  in  the  way  of  a 
decision  is  increased  by  the  ambiguous  sense  io 
which  the  term  patres  is  used  by  ancient  writefN 
and  by  the  fact  that  while  the  appointment  of 
interreges   had   become  extremely  rare  during 
the  period  to  which  our  best  authorities  (Cicero, 
Livy)  belong,  the  pairuM  €mctarUas  had  long 
before  that  time  been  reduced  to  a  meaningle^ 
form  (by  the  Lex  Publilia,  339  B.a).    The  most 
probable  view  on  the  whole  seems  to  be  that, 
while  both'  acts  belongsd  originally  to  the  senate 
as  a  purely  patrioian  body,  they  were  in  later 
times  performed  by  the  patricio-plebeian  senate 
as  a  whole.    [Cf.  the  extension  of  the  term  patres 
to  cover  the  whole  senate,  and  the  retention  of  the 
phrase  pairidi  magistraius  for  the  carule  offices 
long  after  these  had  been  opened  to  plebeians 
(Cic.  ad  Bmt,  i.  5).     It  is  only  in  oonnexioo 
with  the   three  earliest  interregna  under  the 
Republic  that  Livy  speaks  of  pairioH  (iii.  '^\ 
iv.  7,  iv.  43 ;  421  B.C.).    On  later  occasions  he 
speaks  always  of  po^rss,  as  does  Ooero  thioafb- 
out.    The  pairum  emdorHas  is  never  expressly 
connected  with  the  patridi.      For  a  full  di^' 
cussion,  see  Willems,  U  c.,  and  iNTEBREauj    Tiie 
second   question  admits'  of   a  more   oonfideni 
answer.     It  is  agreed  on  all  hands  that  in  post- 
Sullan  times  no  distinction  is  traceable  between 
patricians  and  plebeians  $s  regards  the  rij^ht 
senteniiam  dioere,  and  that  the  term  pedarii  had 
no  legal  value,  but  merely  denoted  the  lover 
ranks  of  senators  (ije,  in  fact  the  wmF<»nles\ 
whose  names,  from  want  of  time,  were  rsielr 
reached  in  taking  the  sentemUae^  and  who  were 
therefore,  as  s  rnle,  obliged  ped9^  in  i^  f^ 


SENATU8 


SENATUS 


625 


iaUicanj  i.e.  to  cross  to  one  side  or  the  other  of 
the  senate-house.  [Gell.  iii.  18,  *'qaiin  alienam 
sententiam  pedibns  irent."  The  explanation  of 
the  term  quoted  in  the  same  passage  from  Gavius 
Bassns  (1st  century  A.D.),  **  Senatores  qui  magis- 
tratnm  cnrulem  nondum  cepissent  jpaI*^  itaviss^ 
in  cnriam,*'  though  in  fact  wm^cunUes  and  pedarii 
coincide,  is  a  bad  guess,  which,  strangely  enough, 
Willems  accepts  (op.  cit,  i.  137).  The  confusion 
•which  follows  between  the  pedarii  and  the  ex- 
cumle  magistrates  **•  nondum  a  oensoribns  lecti " 
b  probably  due  to  Gellius  himself.  The  latter 
class  were  not  senators,  but  had  the  jus  sm- 
ienUae  dicendae  ;  the  pedarii  were  senators,  but 
in  practice  were  unable  sententktm  dicere.  The 
confusion  is  repeated  in  Lewis  and  Shortt's  Latin 
Diet.  The  sense  of  inferiority  associated  with 
the  pedarii  in  the  senate  sufficiently  explains 
the  "  equites  pedarii "  of  Varro  (= common  or 
inferior  equites).] 

But  Hommsen,  while  agreeing  that  in  the 
Ciceronian  Agepfidarius  was  merely  a  conventional 
epithet  describing  the  actual  but  not  the  legal 
position  of  the  lower  senators,  holds  that  in 
earlier  times  the  term  had  a  statutable  meaning, 
and  denoted  *'  plebeian  senators  directly  admitted 
by  ooDsuls  or  censors,  as  distinct  from  those 
qualified  by  office" — a  class  which  ceased  to 
exist  after  81  B.G.  These  plebeian  senators  were, 
he  thinks,  legally  incapable  of  delivering  sen* 
tenHagf  tauA  only  allowed  to  Totf  (pedibua  ire). 
The  objections  to  this  theory  ar^ :  (1)  That  no 
such  distinction  can  be  drawn  between  the  right 
aententiam  dicere  and  the  right  to  vote.  For  the 
Roman  senator,  the  aenUntia  and  the  vote  were 
the  same  thing,  though  the  sententia  might  be 
given  in  different  ways,  of  which  the  pedSbus  ire 
was  one  [see  below  under  Procedure].  (2)  That 
though  there  were  certainly  at  one  time  men  in 
the  senate  with  the  jus  BerUerUiae  who  were  -not 
senators,  there  is  no  evidence  of  the  existence 
at  any  time  of  senators  without  this  right. 
(3>  There  is  no  proof  that  there  was  ever  a 
legally  distinct  class  oi  pedarii,  or  that  the  term 
had  ever  any  other  meaning  than  that  which 
it  bore  in  the  Ciceronian  age. 

The  admission  of  plebeians  has  been  assigned 
to  the  early  days  of  the  Republic ;  the  period 
from  the  Lex  Ovinia  to  the  dictatorship  of  Sulla 
witiMsaed  another  change  which  stood  in  close 
connexion  with  the  growing  ascendancy  of  the 
senate  in  the  political  system.  The  class  of 
senators  freely  chosen  by  the  magistrate  as 
distinct  from  those  whom  election  to  office  had 
given  a  legal  claim  on  his  caD,  gradually  dis- 
appeared (Cic  de  Legg,  iii.  12,  **neminem  in 
sominum  locum  nisi  per  populum  venire  ")»  *^^ 
the  senate  came  to  be  composed  entirely  of 
actaal  and  ex-officials,  to  the  exclusion  of  lay 
interests  and  opinions  -^  an  exclusiveness  inten- 
sified by  the  extent  to  which  from  200  B.C. 
onwards  the  official  class  was  recruited  from  a 
single  section  of  Roman  society,  that  of  the 
Holn'les,  In  Cicero's  day  the  only  working  classi- 
fication of  senators  was  classification  by  official 
rank.     ^ 

Further  changes  followed  under  the  Empire. 
The  class  of  those  who,  whn»  «iwaiting  the 
lediOf  were  permitted  t  .  the  senate 

give  eententiae  (see  abc         *•  i^-it  have   ce  . 
to  exist,  when  the  yeari.     .v«Mon  enabled 
emperor  to  call  them  i.     .:ni'.*'diately  on  r^ 
VOL.  u. 


expiry  of  their  year  of  office.  On  the  other 
hand,  though  the  official  classification  continued, 
and  even  those  directly  adiecH  by  Caesar  were 
placed  in  one  official  category  or  another,  and 
though  the  majority  of  senators  as  a  rule  entered 
by  the  old  official  door,  the  quaestorship,  the 
increasing  number  of  the  (uilecti  unquestionably 
served  not  only  to  strengthen  the  emperor's  con- 
trol over  the  senate,  but  to  widen  the  area  from 
which  its  members  were  drawn.  The  effect  of 
Vespasian's  admission  of  numerous  Italians  and 
provincials  is  specially  noticed  by  Tacit  as  (^Ann, 
iii.  55,  '*  novi  homines  e  municipiis  et  coloniis 
atque  etiam  provinciis— doraesticam  parsimoniam 
intulerunt."  Senators  from  the  eastern  pro- 
vinces are  very  rare  before  the  2nd  century). 
But  while  in  this  way  the  senate  became  in  its 
composition  more  representative  of  the  whole 
Empire,  a  narrowing  effect  was  exercised  by  the 
tendency  to  confine  the  senatorial  dignity  to  a 
particular  class,  by  making  it  hereditary.  The 
way  for  this  latter  change  was  prepared  in  the 
last  century  of  the  Republic.  In  the  time  of 
Cicero,  the  male  members  of  the  great  families 
passed  into  the  senate  through  the  quaestorship, 
almost  as  a  matter  of  course.  The  son  of  a 
senator  was  expected  and  as  a  rule  did  thus 
qualify  himself  for  senatorial  rank ;  and  Cicero 
contrasts  the  senatorial  and  official  career  proper 
to  young  nobles,  with  the  quieter  and  less 
ambitious  course  marked  out  by  custom  for 
members  of  the  equestrian  order  (Cic.  pro 
Cluent.  56,  153).  But  as  yet  the  son  of  a 
senator  had  no  legal  claim  to  be  himself  a 
senator,  nor  did  he  as  such  enjoy  any  legal 
distinctions  or  privileges.  Even  the  phrase 
ordo  eenatorius  is  usually  limited  in  meaning 
to  The'^acTual  senate  (Mommsen,  Staatsr.  iii. 
459).  Julius,  it  is  true,  extended  the  restric- 
tion on  foreign  travel  from  senators  to  their 
sons  (Suet.  JtU.  42) ;  but  from  Augustus  dates 
the  first  attempt  to  make  the  senatorial  dignity 
formally  hereditary,  and  to  give  the  ordo 
senatorius,  as  distinct  from  the  senate,  a  legal 
existence.  According  to  his  regulations,  the 
sons  of  senators  were  authorised  to  assume  the 
broad  stripe  (latus  clavus)  on  the  assumption  of 
the  toga  virilis,  and  to  attend  meetings  of  the 
senate  (a  rerival  of  an  ancient  custom,  Gell. 
i.  23).  They  entered  the  army  as  tribuni 
mUiium  or  praefecti  cdarum,  and  were  dis- 
tinguished from  other  young  officers  as  lati'- 
clctcii  (Suet.  Aug.  38,  '*  liberis  senatorum,  quo 
celerius  reipublicae  assuescerent,  protinus  a 
virili  toga,  latum  clavum  induere  et  curiae 
interesse  permisit,  militiamque  auspicantibqs 
non  tribunatum  modo  legionum,  sed  et  prae- 
fecturas  alarum  dedit . . .  binos  plerumque  lati- 
dlavios  praeposuit  singulis  alis."  The  ordinary 
trib.  mii.  were  angustichviif  Suet.  Otho,  10). 
From  military  service  they  passed  on  to  the 
quaestorship  and  a  seat  in  the  senate.  That 
under  the  earlier  emperors  this  career  was 
morally  incumbent  both  on  senators'  sons  and 
on  other  young  men,  to  whom  the  emperor  had 
granted  the  latus  clavus,  seems'  certain  (they 
are  described  as  honoret  petituri:  Plin.  I^^ 
viii.  14;  Dio  Cass.  lix.  10,  M  if  rtis  fiovXvf 
iXwfZi),  but  there  is  no  proof  that  in  the  1st 
^ntury  A.D.  it  was  legally  necessary.  \We 
bear  of  several  cases  in  which  a  man  either 
I  declines  to  assume   the  latus  clavus,  or  dis- 

2  8 


626 


SENATUS 


SENATUS 


cards  it  aftor  a  time.  Snet.  Vesp,  2,  **  latum 
clavum  dia  averaatus  "  (Vespasian) ;  Tac  Ann. 
xvi.  17,  **  Mela  petitione  honorum  abstinuerat ;  *' 
Hist  ii.  86,  **  prima  juyenta  senatorinm  ordinem 
exuerat ; "  Ovid,  IHst.  iy,  10,  35.  CUudiTia, 
however,  as  censor  took  a  strict  view  of  the 
obligation  (Suet.  Claud.  24,  "senatoriam  digni- 
tatem recusantibos  equestrem  quoque  ademit." 
Angostus,  at  the  Uctio,  in  B.C.  13,  compelled 
qualified  persons  under  35  ^*  fiovk§vffcu**  (Dio 
Cass.  liy.  26).]  A  farther  illustration  of  the 
same  policy  is  the  enactment  due  to  Augustus 
prohibiting  both  senators  and  their  sons  from 
marriage  with  libertinae  (Lex  Papia  Poppaea,  Dig. 
23,  2,  23).  The  development  of  the  policy  by 
the  emperors  of  the  2nd  century  cannot  be  traced 
in  detail.  At  the  dose  of  that  century,  however, 
we  find  the  two  orders,  senatorial  and  equestrian, 
clearly  and  sharply  distinguished.  Each  has  its 
own  privileges.  The  careers  appropriate  to  the 
members  of  each  order  are  different,  and  the 
passage  from  one  to  the  other  difficult  and 
rarely  made.  [£quiteb;  Principatus  ;  Pbo- 
GURATOB.]  Suetonius  already  'oontrasts  ^'sena- 
tpria  et  equestria  officia,*'  Galb,  15 ;  cf.  Vita 
Commodiy  4,  ''per  laticlavi  honorem  a  prM- 
fecturae  (so.  praetorio^  an  equestrian  office) 
administratione  summovit."  By  the  lawyers 
of  the  early  part  of  the  3rd  century  senatorial 
rank  is  treated  as  strictly  hereditary.  Not  only 
the  sons,  but  the  grandsons  of  senators  are  bora 
into  the  senatorUl  order,  and  caniiot  escape 
either  the  honours  or  the  burdens  attached  to 
the  dtgnitaa  senatoria.  Neither  posthumous 
birth,  nor  adoption  into  a  family  of  lower  rank, 
affects  their  position  (Dig.  7,  35,  9,  7);  As 
Mommsen  has  well  said  (^StQat$r.  iii.  467),  the 
senatorial  order  took  the  place  as  a  hereditary 
nobility  of  the  ncinUa  of  the  later  Republic, 
as  they  had  in  their  turn  superseded  the  patri- 
ciate. [For  the  distinctive  privileges  and  lia- 
bilities of  the  senatorial  order  as  thus  con- 
stituted, see  the  next  section ; — for  its  general 
position,  cf.  Mommsen,  Staatsn  ii.  865,  iii.  466 ; 
Madvig,  Verf,  i.  123  sqq. ;  Friedlinder,  BtUn- 
gesah.  i.  197  ggq."] 
/*■ '  IV.  Inaignia,  PrhSegea^  4^, — ^In  Repnblican 
I  times  the  senator  bore  no  dIstinGtiTQ  title,  for 
I  **  senator  Romanus  "  was  never  lik9  ^ equea  Roma- 
I  nns  "  in  official  use.  The  title  of  courtesy  clons- 
simuSf  though  not  unfVequently  applied  to  sena- 
tors at  an  early  date,  was  6nt  formally  assigned 
to  them  in  the  2nd  century  ▲.D.  (Mommsen, 
Staaisr,  ilL  565),  and  then  or  soon  afterwards  ex- 
tended not  only  to  their  sons,  but  to  their  wives 
and  daughters.  The  outward  insignia  of  the 
senator  were  always  the  broad  purple  stripe  on 
the  tunic  {Uiim  clanua)  and  the  red  sandals 
(catoe^  with  the  crescent-shaped  buckle  (/tnia), 
and  the  leathern  thongs  wound  round  th&^k^ 
(lora)*  The  former  of  these  insignia  was 
sibly  not  older  than  the  Gracchan  period  Qiero] 
Plin.  H,  iV.  xxxiii.  §  29) ;  the  latter  were  ori- 
ginally the  distinctive  mark  of  the  patrician. 
Under  the  £mpire  the  latus  clavus  was  assumed 
by  a  senator's  son  on  reaching  manhood ;  while 
the  red  sandals  were  worn  even  in  childhood 
(Stat.  8Uv,  V.  2,  28).  Separate  seaU  in  the 
theatre  were  first  assigned  to  senators  in  194 
B.a  (Lay.  zxxiv.  44),  and  4l  the  shows  in 
the  circus  by  Qaudius  (Suet.  Clavd,  21).  A 
variety    of   fresh    distinctioiis   were   conceded 


as  the  senatorial  order  under  the  Empire  in- 
creasingly assumed  the  character  of  a  bere- 
ditary  peerage,  e^»  the  right  of  tntrie  to  the 
imperial  presence  (Dio  Can.  IviL  11),  and  of 
banquets  at  the  public  cost  (Suet.  A^.  85),  the 
use  of  covered  carriages  by  their  wives  (Dio 
Cass.  Ivii.  15),  of  silver  plating  upon  their  ova 
vehicles  (Fit  Set.  Alex,  43),  and  of  running 
footmen  (cursores,  Vii^.  Anrd.  49).  In  the  3rd 
century  A.D.,  and  probably  earlier  still,  ther 
were  exempt  from  all  burdens,  though  still 
eligible  for  honoreg  in  their  own  maaidpia  (Dig. 
50,  1,  23,  *'municeps  esse  desinit  senatoriam 
adeptns  dignitatem,  quantum  ad  munera: 
quantum  vero  ad  honorem,  retinere  creditor 
originem;"  cf.  the  omission  in  inscriptions  ot 
senators  of  their  place  of  domicile ;  see  Momm- 
sen, Staatsr.  iiL  2,  887,  note  1).  Thoagh 
subject,  like  other  citizens,  to  the  ordinary  law, 
they  were  outside  the  jurisdiction  of  manici{)al 
authorities.  From  Hadrian  dated  the  custom 
for  the  emperor  to  summon  only  senatorial 
assessors  to  ait  with  him  in  judgment  on  a 
senator  {Vit.  Hadr.  8X  a  practice  revived  bj 
Severus  Alexander  {YU,  21,  ^'ne  quis  boo 
senator  de  Romano  senatore  jodicaret ").  But 
the  increased  outward  dignity  of  their  position 
under  the  Empire  brought  with  it  not  onlr 
increased  risk  under  the  worse  emperors,  bot 
increased  -liabilities  and  restricti<nis.  Their 
exclusion  from  trade  and  from  taking  stat« 
oontraeta,'as  also  their  liability  and  that  o^ 
their  sons  1|o  prosecntion  under  the  Uget  de 
rep^twudiSf.  date  frtfm  republican  times  (Ui 
Claudia,  Uv.  xxi.  63 :  cf.  Dig.  50,  5 ;  Lex  Acilia 
de  pec  repet.  2 ;  Brans,  FonUs  jvr.  Sam.  54 ; 
Cic.  pro  Queni.  55,  150).  In  addition,  Sevenu 
Alexander  forbade  them  to  lend  money  except  at 
a  low  rate  of  interest  (  Va.  ^6).  The  prohibition 
issued  in  Tiberius'  reign  against  intercourse  with 
stage-boflfbona  {Ann,  i.  77)  was,  like  that  against 
marriage  with  libertmae^  intended  to  preserve 
the  dignity  of  the  order.  But  Claudius's  edict 
forbidding  praetorian  guardsmen  to  attend  the 
morning  levees  of  senators  ^Snet.  dand.  25) 
was  no  doubt  provoked  by  the  same  jealousy  nt 
senatorial  interferenoe  with  the  army,  which 
finally  led  to  their  ezelaatan  from  militaiy  eom* 
mands  and  from  the  campe  by  GalUenus (victor. 
Caea,  33).  The  sqwrate  taxation  of  senston 
did  not  exist  aa  n  system  before  Dioeletiu 
(Mommsen,  Staaigr.  iii  2,  900  £>  The  ooctly 
obligation  of  providing  games  was  a  magisterial 
ratlur  than  a  senatorial  burden.  [Lnm;  Pfti^* 
TOft;  Q0AEBTOR.  For  the  privilege  originallj 
enjoyed  by  senators  of  voting  in  the  tqmtum  eoh 
iunae^  and  for  their  duty  of  serving  as  jodieei 
in  the  qmesiioneBperpetuaef  seeComTU ;  Judex  ; 

Qn4^ci<^v   •  --^-^ 

.  Proc«^i»^.— The  right  to  hold  a  meetingef 

enate  (senafwn  Aa£«nr),  to  censnlt  it  (cok- 

,  re/err^  rtiationem  faoare),  and  to  carry 

^  decree  (senahcsooiMu/ltan  /sosrv)  belonged  io 

the  Ciceronian  age  to  consuls,   praetqsFi,  *^ 

tribunes  of  the  pleba;  but  if  all  were  prtmni  is 

Rome  together,  they  could  onlv  exerdsc  it  in  tb« 

above  order  of  precedence.    The  ri^t  no  doabt 

attached  to  the  coaaulship  and  pnetusliip  fr<f^ 

the  moment  of  iheir  establiskoMni     it  va« 

acquired  by  the  tribunate  at  some  period  prerieos 

to  the  plebiscitum  Atinium  (?  before  133  B.c> 

The  right  waaalso^ven  to  the  dictator,  intencx, 


8ENATUS 


SENATUS 


627 


ind  pfsefectos  arbi.    [See  the  classical  passage, 

(Jell.  xIt.  7,  8,  ••  Primnm  ibi  ponit  (Varro)  per 

quos    more    majoram    senatas  haberi    soleret, 

eosque  Dominat,  dictatorem,  consnles,  praetores, 

tribnnoa  plebi,  interregem,  praefectum  urbi .  .  . 

tribonii  plebi  senatnshabendi  jus  erat  qnamqaam 

senatores  non  essent  ante  AUnium  plebiscitum.**] 

Any  one  of  these  magistrates  could  be  prevented 

from  exercising  the  right  by  the  interference  of 

a  eol league,  or  of  a  superior,  or  of  a  tribune. 

[l!fTEBCE88io ;  Tribunus.]    In  the  earlier  times, 

when  the  consols  were  frequently  absent  from 

Rome  in  the  6eld,  the  duty  of  convening  the 

senate  constantly  developed   upon  the  praetor 

urbanus  (Lir.  zzii.  7 ;  xzvi.  21 ;  xlii.  8,  *&c.). 

In  the  Ciceronian  age,  it  is  regularly  performed 

by  the  consuls  (Cic  ad  Fam.  xii.  28;  GOKSUL> 

Augustus  in  23  B.C.  was  specially  empowered  to 

hold  a  senate  as  often  as  he  would,  even  when 

not  coosnl  (Dio  Cass.  liv.  3),  and  the  power  was 

continaed  to  his  successors  (Lex  de  Imp.  Vesp.  2, 

"■  Qtique  ei  senatum  habere  ....  liceat,  ita  uti 

licuit  divo  Augusto,"  &c.    Tiberius  before  he 

was  formally  invested  with  this  power  convened 

the  senate  **  tribuniciae  potestatis  praescriptione 

sttb  Augusto   aoceptae,'^  Tac.  Ann.  i.  7).     But 

cTcn  under  the  emperors  it  was  usually  the 

consuls  who  convened  the  senate  and  presided  at 

its  meetings  (Plin.  £pp.  ii.  11,  '^princeps  prae- 

sidebet  erat  enim  consul ; "  cf.  Id.  Paneg.  76). 

The  magistrate  who  convened  the  senate, 
determined  also  the  pla^  of  meeting,  subject, 
however,  to  certain  conditions.  A  lawful  senate 
could  only  be  held  in  a  templwn^  and,  except  in 
special  cases,  within  the  pomerium  (Gell.  xir.  7, 
**  ID  loco  per  augurem  constituto,  quod  templum 
^  appellaretur : "  see  TBMFLtJii).  Among  the  ordi- 
nary meeting-places  of  the  senate  Jn  repub- 
licsa  times  were  the  Curia  Hostilia  and  the 
t«mplcs  of  GoncMd,  of  Castor,  of  Jupiter  Stator, 
and  of  Tellui.  The  senate  could  oe  convened 
rmtside  the  pon^erium,  but  *Mntra  milia  pa»- 
suum,"  if  either  embassies  from  states  not  in 
alliance  with  Rome  or  a  pro-magistrate  [PBO- 
coxBUL ;  Pbopraetob]  were  to  take  part  in  the 
proceedings  (Mommsen,  StaaUr.  iii.  930.  As 
neetiag-places  outside  the  pomerium,  the  tem- 
ples of  Apollo  and  of  Bellona  are  mentioned : 
Liv.  xxxiv.  43;  (Sc  ad  Fam,  viii.  4;  Pint. 
W/.  30). 

'  The  senate  could  not  Im  summoned  to  meet' 
before  sunrise  or  sit  after  sunset  (Gell.  xiv.  7). 
But  under  tlie  Republic  there  were  no  fixed  days 
&r  its  meetings  any  more  than  for  those  of  the 
Comitia.  Augostus  first  enacted  that  there 
lihould  be  two  regular  meetings  held  in  each 
l^tonth  (SueL  Ayg.  36,  «ne  plus  quam  bu  in 
A«Dse  legitimus  senatus  ageretur  Kal.  et  Idibns," 
I>io  GsM.  Iv.  3).  Nor  is  it  dear  that  in  early 
^nies  there  were  any  davs  on  which  a  senate 
«>ttld  not  be  Uwfnlly  h'eld.  But  by  a  Lex 
l^Qpis,  the  date  of  which  Mommsen  fixes  at 
*^Bt  15^^c.,  the  magistrates  were  apparently 
forbiddenrto  hold  a  senate  upon  any  day  actually 
^pviated  for  Comitia,  or  possibly  upon  any  of 
;  ^«  days  on  which  ComiUa  mi|^t  legally  be  held 
(tfw  comMaUM^  Cic  ad  Fam.  i.  4,  **  senatus  haberi 
ante  Kal.  Febr  j>er  legem  Pu  oiam . . .  non  potest ;  *' 
^  fd  Q.  Fr,  ii.  2,  "consecuU  sunt  dies 
«J«Mt5al«tf  per  quos  senatus  haberi  non  potest :  " 
cf  ad  gam,  viU.  8 ;  Kcmmaen,  Staattr.  iii. 
6^1-923V  •^ 


■923). 


\ 


The  usual  mode  of  summoning  the  senate 
(pogere  aenatum)  was  by  a  proclamation  issued  by 
one  or  both  the  consuls,  naming  the  date  and 
place  of  meeting,  and  occasionally  stating  the 
special  business  to  be  considered  (Liv.  xxviii.  9, 
**praemisso  edicto  ut  triduo  post  senatus  ad 
aedem  Bellonae  adesset ; "  Suet-  Caes,  28,  **  edicto 
praefatus  se  summa  de  republica  relaturum ; " 
Cic.  ad  Fam.  xi.  6, "  quam  edixissent .  . .  senatus 
adesset ").  'fhe  procedure  was  the  same  if  the 
magistrate  concerned  was  a  praetor  or  tribune. 
The  magistrate  was  empowered,  if  necessary,  to 
compel  the  attendance  of  senators  by  taking 
pledges  for  their  attendance,  or  by  fining  those 
who  failed  to  api)ear  (Gell.  xiv.  7  ;  Cic.  de  Legg* 
iii.  4,  PAtY.  i.  12) ;  but  this  power  was,  it  would  t 
seem,  sparingly  exercised  under  the  later  Be-  / 
public,  and  the  increased  numbers  of  the  senate  ' 
after  81  B.a,  added  to  the  fact  that  no  quorum 
was  required  by  law,  gave  little  occasion  for  its 
use.  Under  the  Empire  it  was  otherwise. 
Augustus  found  it  necessary  not  only  to  fix  a 
quorum  (Dio  Cass.  Iv.  3:  see  below),  but  to 
increase  the  penalties  for  non-attendance  (Dio 
Cass.  liv.  18),  and  Claudius  did  the  same  (Dio 
Cass.  Ix.  11:  cf.  Tac  Ann.  xvi.  27,  **patres 
arguebat  (Nero)  quod  publica  munia  desererent "). 

On  the  assembling  of  the  senate,  usually  in 
the  early  morning,  the  senators  took  their 
seats,  as  they  chose,  upon  the  benches  (sub* 
aellia)  rangld  in  rows  to  the  right  and  left  of 
the  curule  chairs  of  the  presiding  magistrates; 
the  latter  being  so  placed  as  to  face  the  door  of 
the  house.  [Mommsen,  Staatw'.  iii.  932,  has 
shown  that  undet  the  Republic  neither  the 
ordinary  senators  nor,  as  Willems  (ii,  173) 
maintains,  the  magbtrates  generally,  had  any 
special  or  fixed  seats.]  Undier  the  Empire  the 
emperor's  chair  was  placed  between  those  of  the 
consuls  (this  seat  was  first  assigned  to  Augustus 
in  19  B.C. :  Dio  Cass.  liy.  10) ;  and  separate  seats 
were  assigned  to  the  praetors,  tribunes,  and 
possibly  to  the  other  magistrates  (Mommsen, 
op.  cit.  p.  934).  The  pro^edings  opened  with 
a  sacrifice,  followed  by  the  inspection  of  the 
victim's  entrails  (Gell.  xiv.  7;  Mommsen^  opk 
cit.  p.  935). 

(^The  magistrate  who  summoned  the  senate 
also  presided  at  its  meetings,  and  it  is  he  who|  \ 
jiubjeict  to  certain  customary  rules,  determines  )  / 
what  business  shall  be  laid  before  the  house  and 
in  what  order.  It  was  his  duty,  in  the  first 
place,  to  communicate  to  the  senate  any  news 
of  importance,  to  read  despatches  received  from 
officials  abroad,  and  to  introduce  provincial  or 
foreign  deputations  (Caesar,  B.  C.  i.  2 ;  Cic.  ad 
Fam.  X.  12,  3;  Liv.  xliv.  20,  21).  On  his 
demand,  or  with  his  permission,  any  individual 
senator  might  similarly  read  letters,  communi- 
cate information,  or  make  a  statement  to  the 
house.  The  same  privilege  belonged  to  praetors 
and  tribunes,  as  having  the  right  to  consult  the 
senate,  even  when  not  actuallv  presiding. 

The  magistrate  might  follow  up  these  pre- 
liminary communications  by  referring  one  or 
m'^ri*  txf  the  points  raised  to  the  senate  for  its 
o{  '  .  )d  the  senate  not  unfrequently  de- 
ro    .  '•    \-^  acclamation  that  such  a  reference 

si I  '     made.     It  rested,  howerer,  with  the 

ni  >  ■  ■  t  .  to  decide  whether  or  not  this  further 
St  •;>  &..  .Id  be  taken  (Liv.  xix.  21,  <*  cott- 
er     I    :ti  ex  omni  parte  curiae  est,  uti  referret 

2  8  2 


628 


SBNATUS 


P.  Aelius  praetor;*'  i6.  xlii.  3,  "ex  omnibus 
partibus  postulabatur  ut  consules  earn  rem  ad 
senatam  referrent ; "  Cic.  ad  Fam,  x.  16  ;  Caes. 
B.  C.  i.  1,  "  ui  ex  litteris  ad  senatum  referretar, 
impetrari  non  potait  *'). 

The  formal  consultation  of  the  senate  (relatio) 
was  goYemed  by  a  variety  of  customary  rules. 
After,  usually,  an  explanation  of  the  business  in 
question  (**  verba  facere,"  Cic.  ad  Fam,  viii.  8  ; 
Fhil.  viii.  14,  &c.),  the  magistrate  asked  the 
senate  "  quid  de  ea  re  fieri  placet,"  without  him- 
self submitting  a  definite  proposition  (Sail.  Cat, 
30 ;  Cic.  Cat  i.  10,  iii.  13).  Occasionally  the 
magistrate  indicated  his  own  view  (Liv.  xxxix.39, 
'*  sibi  nisi  quid  aliud  eis  videretur  in  animo  esse 
.  .  .  comitia  habere/*  For  instances  of  a  definite 
proposition,  see  Suet.  Caes.  28,  "rettulit  ad 
senatum  ut  ei  succederetur ; "  Cic.  Phil,  i.  1, 
''  scriptum  senatusconsultum  quod  fieri  vellet 
attulit ;  '*  cf.  Cic  Phil.  x.  17).  It  is  significant 
of  the  more  dependent  position  of  the  senate  in 
relation  to  the  emperor  that  the  latter,  when 
consulting  the  senate,  usually  made  at  the  same 
time  a  definite  prop<»aI  (see  below).  The  refer- 
ence to  the  senate  might  either  be  general 
("  infinite  de  republica,"  Gell.  xiv.  7 ;  cf.  Liv. 
xxvi.  10,  "de  summa  republica  consul  tat  um '*) 
or  special  ("  de  singulis  rebus  finite,'*  Gell.  xiv. 
7;  Cic.  Phil,  rii.  1,  "de  Appia  Via  et  de 
Moneta'*),  and  the  senators  might,  in  giving 
their  aententiaef  express  a  wish  for  the  separate 
reference  of  some  particular  question  (Cic.  PAi/. 
X.  24,  "  de  M.  Appuleio  separatim  censeo  refer- 
endum," ad  Fotm,  viii.  8,  "  ne  quid  conjunctim 
referatur  '*).  Custom  again  prescribed  in  general 
terms  the  order  in  which  the  business  should  be 
taken :  "  de  rebus  divjpis  priusquam  humanis  ad 


SBNATUS 

and  confirmed  to  his  successors  (Lex  Vespas.  2. 
Bruns,  128),  invested  him  with  the  power  ot' 
making  the  first  relatio  (vepl  Ms  rtposy  Eho 
Cass.  op.  cit.)  at  each  meeting  of  the  senate, 
and  was  afterwards  extended  so  as  to  enable 
him  to  make  four  and  even  five  relationes  before 
the  regular  magistrates  took  their  turn  ("jus 
quartae  relationis,"  ViL  Pert.  5;  "quintan 
relationis,'*  Sev,  Alex.  1 ;  cf.  Pelham,  Journal  or" 
Philologyy  xvii.  pp.  41,  42^  At  first  at  any 
rate  the  emperor,  like  the  consul,  made  fai» 
relatio  in  pei*son ;  or,  if  unable  to  do  ao,  com- 
municated it  in  writing  through  the  consals 
(Tiberius,  Dio  Cass,  iviii.  11 ;  Nero,  Suet.  AVny, 
15).  But  from  the  close  of  the  first  century 
onwards  the  practice,  occasionally  adopted  b>y 
Augustus  (Dio  Cass.  liv.  25)  and  by  Claudius 
(Id.  Ix.  2),  of  employing  the  qwiestor  princij  ■;• 
as  the  emperor*s  mouthpiece,  became  the  regular 
one  {QuA£STOK:  cf.  Digest  1, 13,  1,  "qaaestorr- 
. . .  libris  principalibus  in  senatu  legendis  vacant ;" 
i6.  4,  "quique  epistula»  eius  in  senatu  legunt*^). 
The  relationes  of  the  emperor  thus  took  the  form 
of  written  "  speeches  "  (praticms)  or  "  letters  " 
(liiteraej  epistulae),  and  are  usnidly  referred  to 
M  such  (Suet.  Tit,  6 ;  Dig.  23,  2,  16,  &c.). 
V  The  formal  introduction  of  the  business  wa» 
followed,  not  by  a  debate,  in  the  modem  Meme 
of  the  word,  but  by  the  taking  of  the  senitTUi-i- 
{sententias  rogare^  perrogare)  of  the  individual 
senators  in  order.  Just  as  the  senate  was  in 
theory  only  a  council  of  advice  consulted  by  the 
magistrate,  so  the  senator's  one  duty  was  to  giv^ 
his  opinion  (sententiam  dioere\  and  technically 
in  this  one  act  both'  speech  uid  vote  were  in- 
cluded. But,  as  we  shall  see,  considerations  <>f 
convenience,  as  well  as  the  growing  'tendency 


senatum   referendum 'esse  **  (Gell.   xiv.  7  ;  cf.:   to  treat  the  senate's  expression  of  opinion  va^  a 
Liv.  xxii.  9,  "  ab  diisors'us — turn  de  bello  dequelipositive  decision,  developed  in  practice  a  proi-ess 
republica  **) ;  but  hei-e  again   the   practice   ntl  k>f  counting  votes  actually,  though  not  theoreti- 
least  of  the  later  Republic  allowed  a  certainH Jbally,  distinct  from  the  taking  ot  sentential, 
weight  to  the  wishes  of  the  senators  themselves,  l(     The  magistrate,  in  taking  the  sententiae^  w^« 


who  might  either  directly  demand  urgency  for 
a  particular  question  (Cic.  ad  Fam.  x.  16,  "  fiagi- 
tare  senatus  institit  .  .  .  ut  referrot  statim  '*), 
or  indirectly  force  the  magistrate's  hand  by 
refusing  to  give  opinions  u}X)n  any  matter  until 
the  desired  point  had  been  submitted  to  them 
(Cic.  ad  Ait,  iii.  24,  "  senatum  nihil  decemere, 
antequam  de  nobis  actum  esset ;  "  in  Pison.  13, 
29,  "quum  quacunque  de  re  verbum  facere 
cocpcratis  aut  referre  ad  senatum,  cunctus  ordo 
reclamabat,  ostendebatque,  nihil  esse  vos  ac- 
turos,  nisi  prius  de  me  rettulissetis  '*).  The 
right  of  reference  (jus  referendi^  consulendi  seno' 
tiatij  cum  patribus  agendi)  belonged,  exclusively  of 
extraordinary  magistrates,  to  consuls,  tribunes 
of- the  plebs,  and  praetors;  the  latter,  however, 
do  not  appear  to  have  exercised  it  except  in 
the  absence  of  the  consuls.  As  between  consuls 
and  tribunes,  the  consul's  business  took  pre- 
cedence, though  it  would  seem  from  Cic.  Phil, 
vii.  1,  that  if  the  questions  were  small  ones,  the 
references  of  both  consuls  and  tribunes  might 
be  put  conjointly  to  the  house  ("  de  Appia  Via 
et  de  Moneta  consul ;  de  Lupercis  tribunus  plebis 
refert").  To  the  emperors  a  special  right  of 
reference,  as  of  convening  the  senate,  was  granted 
by  statute,  in  addition  to  that  which  they  pos- 
sessed in  virtue  of  the  tribunicia  potestas.  This 
^g^^  granted  to  Augustus  in  23  B.a  on  his 
resignation  of  the  consulship  (Dio  Cass.  liii.  32), 


expected  to  follow  a  well-established  order 
precedence,  corresponding  in  the  main  to  that 
observed  in  the  official  roll  (see  above).  Down 
to  the  time  of  Sulla,  the  first  senteniia  tak«^ 
was  that  of  the  princeps  senatus.  In  the  Cicertv- 
nian  age  the  magistrate  might  select  fbr^  th:^ 
honour  any  consular,  subject  only  to  two  re- 
strictions, as  (1)  he  was  expected  to  adhere  t> 
the  order  adopted  by  him  on  his  first  day  cf 
ofiice ;  (2)  after  the  ooiUular  elections,  i,e.  during 
the  latter  half  of  the  year,  he  was  bound  to  give 
the  priority  to  the  consuls-designate.  The  oth'-r 
consulares  were  taken  next,  usually  in  order 
of  seniority ;  after  them  the  praetorii,  aedilir:^ 
&c.  [It  is  possible  that  in  earlier  times,  before 
senatorial  ascendancy  was  well  established,  the 
magistrate's  discretion  in  this  respect  was  widrr 
(Mommsen,  Staatsr,  iii.  974).  The  classical  fms- 
sageisB  the  ordo  senUmtianim  is  Varro,  op.  GtU. 
xiv.  7,  "  singulos  autem  debere  consuli  gradattm, 
incipique  a  consular!  gradu,  ex  quo  gradn  . . . 
antea  primum  rogari  solitum  qui  piinceps  m 
senatum  lectus  esset,  turn  autem  cum  haec  sen- 
beret  . .  •  ut  is  primus  rogaretnr,  qnem  rogare 
vellet  qui  haberet  senatum,  dum  is  tamen  ei 
gradu  consulari  esset;"  cf.  ib.  iv.  10:  Saet. 
Caes.  21,  "post  novam  adfinitatem  Pompeium 
primum  rogare  sententiam  coeptt "  (Cae&sr). 
For  the  consules  desutnati^  oomp.  SaU.  Cat,  .'n* : 
"Silanus  primus  sententitm  rogatua  quod  eo 


SENATUS 

tempore  consul  designatiis  erat;"  a.^d  Cic.  ad 
J-am.  viii.  4 ;  Tac  Awn.  iii.  22.]  The  right  to 
give  an  opinion, ji»  senieniiamdicendaey  belonged. 


SENATUS 


629 


tribnni  plebis. .  .de  alia  re  referrent,  totam  rem- 

pnblicam  sum  complexus  ").     It  was  indeed  the 

only  means  open  to  the  senator  of  forcing  upon 

to  all  senators,  excepting  only  the  magistrates  of^  the  attention  of  the  senate  subjects  which  the 


the  year;  the  latter  being  in  theory  the  con- 
sulting and  not  the  consulted  parties  (Liy.  viii. 
20 ;  Willems,  ii.  189).  It  was  only  when  the 
emperor  made  a  reiatio  in  virtue  of  his  special 


powers,  that  the  aententiae  of  magistrates  were  ^''siding  magistrate  could  not  compel  a  senator  to 

taken  (Tac  Ann,  in.  17;  Hist.  iv.  41).     But 

every  magistrate  oould  at  any  moment  interpose 

with  a  speech  on  the  subject  in  hand,     [\tomm- 

sen,  Sttiitar,  iii.  d43.    The  same  author  nolds 

that  in  earlier  days  plebeians  directly  admitted 

to  the  senate  by  consuls  or  censors,  without 

having   held  a  qualifying  magistracy,  had  no 

jus  saUentiae  dicendae  {Staatsr.  iii.  963),  but 

could  merely  take  part  {pedHms  eundo)  in  the 

final  dtfoesstb.    Of  this,  however,  there  is  no 

suliicient  evidence.]    The  question  was  put  toVj"  instance  only  is  recorded  in  which  the  presiding 


each  senator  in  turn  in  the  simple  form  ^  die  M. 
TuUi  (quid  censes) "  (Uv.  i.  32 ;  Cic.  ad  Att. 
vii.   1),  but  the  modes  of  reply  were  various. 


magistrates  were  unwilling  formally  to  bring 
before  it  (Cic.  Fhil,  vii.  1,  '*  parvis  de  rebus  con- 
sulimur  . . .  tamen  animus  aberrat  a  sententia, 
suspensus  curis  majoribus").      That  the  pre- 

.•Jl!  Six  11 A  1  <  .  ' 


speak  to  the  question  is  clear,  and  it  is  doubtful 
how  far  he  was  able  to  limit  the  duration  of  his 
speech.  According  to  Ateius  Capito  (Gell.  iv. 
10),  a  senator  could  say,  ^'quicquid  vellet 
. . .  et  qtioad  vellet ;  "  and  several  instances 
are  recorded  in  which  a  measure  was,  as 
we  should  say,  'Halked  out"  (Cic.  ad  Att. 
iv.  3,  ^  calumnia  dicendi  tempus  exemit ; " 
Gell.  iv.  10,  ^ezimebat  dicendo  diem;"  cf. 
Cic  ad  Att.  iv.  2,  ad  Q.  Fr.  ii.  1,  3).      One 


magistrate  exercised  his  authority  to  check  this 
abuse,  and  then  the  feeling  of  the  house  was 
decidedly  against  him  (Caesar's  arrest  of  Cato, 


(1)  The  senator  might  rise,  discuss  the  question  in  t  Gell.  iv.  10).    On  another  occasion  the  senates 
a  set  speech,  and  close  with  a  formal  statement  I  by  resolution  decided  that  the  speeches  should 
of  his  opinion,  so  worded  as  to  form  the  basis  Yhe  brief  (Cic  ad  Fam.  i.  2).    The  altercationes^ 


of  a  decree  (^  stantem  sententiam  dicere,"  Liv. 
xzvii.  -34;  Cic  ad  Att  i.  14,  ''surrexit,  oma- 
tissimeque  locutus  est."  For  the  form  of  the 
closing  statement  of  opinion,  comp.  PkU.  xiv.  29, 
**  decemo  igitur,"  &c ;  j&.  x.  25,  ^  quod  consul 
. . .  verba  fecit  de  litteris  de  ea  re  ita  censeo ; " 
•6.  V.  46,  ^  ita  censeo  decemendum  ").  It  was 
occasionally  drafted  in  writing  beforehand  {PhU. 
iii.  20).  This  method  was  that  which,  in  cases 
of  any  importance,  consulars  and  other  pro- 
minent senators  were  expected  to  adopt  (Liv. 
xxvii.  34).      (2)  He  might,  without  rising,  ex- 


press  his  agreement  with  some  previous  aen-^^li  is  also  possible  that  in  the  early  days,  when 


teniioy  either  «rrbo  (Cic  ad  AH.  vii.  3,  «<  die  M. 
Tnlli :  o^rrofM,  Cn.  Pompeio  adsentior  "),  or  by 
a  nod,  or  by  holding  up  his  hand  (^  verbo  assen- 
tiebatur;"  Liv.  xxvii.  34;  cf  Sail.  Cat.  52, 
^sedens  aasensi ;"  Cic  ad  Fam.  v.  2).  (3)  He 
might  cross  over  to  the  side  of  a  senator  with 
whose  opinion  he  agreed  (*'pedibus  ire  in  sen- 
tentiam,^ Liv.  xxvii.  34;  Cic.  ad  Q.  Fr.  ii.  1,  3; 
Vii.  Avreiianij  20,  **  interrogati  plerique  sena- 
tores  sententias  dixerunt  • .  •  deinde  aliis  manus 
{Mirrigentibus,  aliis  pedibus  in  sententias  eun- 
tibus,  plerisque  verbo  consentientibus ").  By 
this  method,  a  senator  who  had  already  given 
hia  tententia  at  length,  might  indicate  that  he 
had  changed  his  mind  (Sidl.  Cat.  50,  '^  Silanus 
...  primus  sententiam  rogatus  . . .  decreverat : 
isque  postea  permotus  oratione  G.  Caesaris 
pedibus  in  sententiam  Tiberi  Neronis  iturum 
se  dixerat "). 

In  strictness  this  orderly  taking  of  opimons 
on  business  introduced  by  a  magistrate  pre- 
cluded both  the  introduction  of  fresh  matter 
by  thoM  consulted,  and  also  any  debate' in  the 
modem  sense  of  the  word.  But,  in  the  Cicero- 
nian age,  custom  sanctioned  a  freedom  of  speech 
really  inconsistent  with  the  theory  of  the  pro- 
cedure. For  a  senator,  when  asked  for  his 
opinion  on  a  particular  point,  to  seize  the  op- 
portunity to  deliver  a  lengthy  oration  on  some 
wholly  irrelevant  matter,  was  a  privilege 
thoroughly  .weUL  recognised  and  frequently 
exercised  ^egredi  relationem,"  Gell.  iv.  10; 
Tac  Ann.  iL  38;  Cic  ad  Fam,  x.  28,  '<quum 


which  were  not  infrequent  in  the  Ciceronian  age, 
were  certainly  out  of  order,  but  were  as  certainly 
tolerated  (Mommsen,  Staatsr.  iii.  947 ;  Willems, 
ii.  191). 

The  theory  of  the  procedure  unquestionably 
implied  that  the  magistrate  took  the  sense  of 
the  house  on  the  matter  which  he  had  laid  be- 
fore them,  by  asking  each  senator  in  turn  tov  ^ 
give  his  opinion  (^perrogare  8entent%aa);  and 
there  is  no  evidence  that  he  could,  by  any  form 
of  closure,  abridge  the  process  (Mommsen, 
Staatsr.  iii.  983,  as-  against  Willems,  i.  194). 


the  senate  was  still  a  subordinate  and  purely 
consultative  body,  the  sense  of  the  house  as 
expressed  in  the  course  of  this  process  was  taken 
as  su&cient,  and  that  no  formal  division  (dig* 
cessio)  foUow'ed.  But  when  the  senate  became^ 
in  fact  the  governing  council,  the  business  before 
it  increased  in  amount  and  complexity,  and  the 
importance  of  its  decisions  increased  also.  These 
changes,  coupled  with  the  rise  in  its  numbers 
from  300  to  600,  modified  the  character  of  the 
perrogatio  aententiarumy  and  necessitated  a  more^ 
exact  method  of  **  taking  a  vote,"  i.e.  of  deter- 
mining where  the  majority  of  aententiae  lay. 
(But  the  ^  voting  "  ^ras  not  technically  distinct 
from  the  **  giving  an  opinion ; "  nor  is  it  con- 
ceivable that,  as  Mommsen  holds,  there  were 
senators  who  could  vote  but  who  were  legally 
unable  sententiam  dioere.)  The  accounts  we 
have  of  the  procedure  in  the  senate  during  the 
Ciceronian  age,  make  it  clear  that  sententiae^  in 
the  shape--of  formal  proposals  explained  and 
advocated  in  speeches,  were  as  a  rule  only  given 
by  the  highest  category  of  senators,  the  con- 
sulares  and  praetorii,  and  that  the  rest  contented 
themselves  with  a  brief  assent  {v€riio\  or  ranged 
themselves  behind  the  speaker" they  agreed  with 
(pedarii.  The  cases  of  Cato  in  63  B.C.,  who, 
though  only  tribunus  designatus,  gave  the  scti- 
teniia  which  was  ultimately  adopted,  and  of« 
P.  Servilias  Isauricus,  Cic  ad  Att.  i.  19,  were 
no  doubt  exceptional).  On  the  perrogatio 
followed,  at  least  in  Cicero's  time,  the  pro* 
nuntiatio  sententiarum :  where  only  one  definite 


C30 


8ENATUS 


SEKATUS 


proposal  bad  been  made ;  or  when  the  senne  of 
the  bouse  was  clearly  in  farour  of  a  particular 
sententiOy  the  case  was  simple.  Bat  where,  as 
in  the  debate  on  the  restoration  of  Ptolemy 
Auletes  (Cic  ad  Fam.  i.  1  and  2),  several  con- 
flicting sententiae  had  been  given,  and  there  was 
a  real  division  of  opinion,  the  difficulty  was  con- 
siderable. It  rested  with  the  magistrate  who 
had  made  the  relatio  to  take  the  division  on  such 
sententiae,  and  in  such  order  as  he  thought  best ; 
and  he  might  decline  to  put  such  as  seemed  to 
him  inexpedient  (Willems,  ii.  194 ;  Cic.  Phil,  xiv. 
22),  or  to  be  covered,  or  better  expressed  by  others 
(Cic.  ad  Att,  xii.  21,  "cur  ergo  in  sententiam 
Catonis,  quia  verbis  luculentioribus  et  pluribus 
rem  eandem  comprehenderat ").  As  a  ride,  how- 
ever, the  sententiae  were  put  to  the  vote  in  the 
order  in  which  they  had  been  given.  If  the  first 
was  carried,  the  rest,  if  inconsistent  with  it, 
naturally  fell  to  the  ground.  A  single  sententia 
might  lastly  be  divided  and  put  as  two  (Cic  pro 
MU,  14,  ^'divisa  est  sententia;"  cf.  ad  Fam, 
i.  2).  The  difficulties  involved  in  the  putting 
^  a  variety  of  sententiae  to  the  house  so  as  to  get 
a  clear  decision  are  well  described  by  Pliny 
{Epp.  viii.  14,  "quae  distinctio  pugnantinm  sen- 
tentiarum  quae  exsecutio  priori  bus  addentium," 
&&).  The  aententia  once  put  (^prmuntiata), 
the  magistrate  took^the  division  by  bidding  the 
'*  ayes  cross  to  the  side  of  the  senate-house  on 
which  its  author  sat,  the  "  noes "  to  the  other 
(Plin.  /.  c,  "  qui  haec  sentitis  in  banc  partem, 
qui  alia  omnia  in  illam  partem  itfi  •  •  •  in  banc 
partem,  id  est  in  eam  in  qua  sedet  qui  censuit ; " 
cf.  Cic.  ad  Fam.  i.  2,  "  freqnentes  ierunt  in  alia 
omnia;"  Festus,  p.  261).  He  then  declared  on 
which  side  the  majority  was  ("  haec  pars  major 
▼idetur,"  Senec.  de  Vit,  heat,  2.  There  is  no  ^^ 
evidence  of  any  actual  counting  of  heads,  anyt  '^th 
more  than  when  the  Speaker  in  the  English 
House  of  Commons  declares  that  the  "  ayes  " 
have  it :  Mommsen,  Staatsr.  iii.  993). 

Such  was  the  regular  order  of  procedure. 
But  in  certain  cases  the  perrogatio  aententiarum 
might  be  dis])ensed  with,  and  a  division  taken  at 
once  (senatuacontultvm  per  disoestionem  facere). 
This,  however,  was  only  allowable  where  the 
business  was  formal,  or  where  no  diflference  of 
opinion  existed  (Varro,  ap,  Gell.  xiv.  7, "  senatus- 
consultum  fieri  duobus  modis  aut  per  disoessionem 
si  consentiretur,  aut  si  res  dubia  esset,  per 
singulorum  sententiae  exquisitas ;  **  cf.  Cic. 
FhiL  iii.  24). 

The  republican  order  of  procedure  was  main- 
tained with  comparatively  little  change  through- 
out the  first  three  centuries  of  the  Empire 
(cf.  Plin.  Ej^.  viii.  14;  Vit.  Aurel,  20);  nor 
can  the  'Mex,  quae  nunc  de  senatu  habendo 
observatur  "  (Gell.  iv.  10),  possibly  the  work  of 
Augustus,  have  effected  many  alterations  of  im- 
portance. The  special  jus  referenda  granted  to 
the  emperor  has  been  mentioned  above.  He  had 
also  the  right  as  a  senator  to  give  his  aententia, 
and  to  give  it  when  he  would,  usually  either 
first  or  last  (Dio  Cass.  Ivii.  7 ;  Tac.  Ann,  i.  74. 
The  emperors  after  Tiberius  seem  never  to  have 
exercised  this  right :  Mommsen,  Staatsr,  iii.  977}. 
The  claim  of  the  consuls  designate  to  be  asked 
first  disappears  $arly  in  the  second  century  A.D. 
(»6.  iii.  976) ;  and  lastly,  by  Augustus,  a  certain 
quorum  was  fixed  as  nec^teary  for  a  valid  diS' 
eessio.    (The  exact  number  required  is  unknown : 


(e 


ib,  iii.  990;  Dio  Cass.  Iv.  3;  Suet.  A»»g.  35) 
In  practice,  however,  the  declining  independen 
of  the  senate  led  to  a  frequent  disregard  of  t/u* 
elaborate  routine  of  earlier  days.  A  body  which 
met  to  accept  submissively  an  imperial  propo«al, 
to  pass  a  complimentary  vote,  or  decide  some 
trivial  point,  willingly  dispensed  with  the  rou- 
tine of  the  perrogatiOj  and  its  place  was  taken  by 
tbe  undignified  adclamaticnea  [Plin.  £pp.  viii.  H, 
"  priorum  temporum  (sc  under  Domitian)  s«r- 
Vitus  .  .  .  etiam  juris  senatorii  obUvionem  qoan- 
dam  et  ignorantiam  induxit,"  cf.  Paneg.  54,  73, 
76;  '*  consult!  omnes  atque  etiam  dinumeruti 
sumus  "  (under  Trajan).  For  the  addamatiofic^, 
cf.  Mommsen,  op.  cit,  iii.  951,  note  2,  and  th«> 
Script.  Hist.  Aug.  passim,  especially  Vit,  Ahx. 
Sev,%l',  Vit,  Tadti,  5]. 

The  relationea  of  the  magistrates  once  disposed 
of  by  the  perrogatio  and  diaceaaio,  the  presidium 
magistrate  dismissed  the  senttte  with  the  word^ 
^  nihil  vos  teneo  *'  or  "  tenemus  patres  oonscripti " 
(Cic.  ad  Q,  Fr,  ii.  2,  or  <^  nihil  voe  moramur," 
Vit.  Marci,  10).  The  resolution  or  resoluticriN 
were  then  formally  drafted  as  senatnsoouaulta  Ky 
the  magistrate  who  had  made  the  rehUo  and  tak^'L 
the  division  ('*  senatosconsultum  perscrib«re/* 
Cic.  Cat,  iii.  6 ;  ad  Fmn.  viii.  8)  in  the  pFeseDc- 
of  two  or  more  senators  (^^scribendo  adfoerunt," 
Cic.  ad  Fcm.  viii.  ^',  ad  Att.  iv.  17).  If  th- 
interference  of  a  tribune  prevented  the  ^  making  " 
of  a  senatusconsultnra,  the  resolution  ua> 
nevertheless  drafted  as  a  '^senatua  aqctorit^i^'* 
(Cic.  ad  Fam.  viii.  8  ;  Tribusus).  The  regular 
form  of  the  senatusconsultum  ran  aa  follows : — 
^^Pridie  Kal.  Oct.  in  aede  ApoUinis  scnbend'^ 
adfuerunt .  . .  quod  consul  verba  fecit  de  pro- 
vinciis  consularibus,  de  ea  re  ita  censiiere,  uti." 
&c.  (Cic«  •&.).    The  older  decrees  commence  wit  in 

e  formula  '*  consul  (or  praetor,  tribunus  pi.) 
senatum  consuluit"  {e,g,  Senatnsoonsnltam  lir 
Bacchanalibua,  C,  I.  L,  i.  196;  de  TIburtibus, 
ib.  i.  201)^     Under  the  Empire,  if  the  propel 
carried  had  been  introduced  by  the  emperor,  th« 
words  were  inserted    ^'auctore  Claudio,"  &<.. 
(Senatusconsultum    Hosidiannm,  Orelli,   311.'>). 
Occasionally  in   the  second  century  a  prira;^ 
senator  is  named  as  the  author  of  the  9eniettt¥' 
on  which   the  decree  is  based  (Mommnen,  o/'. 
cit,  iii.  1009).    The  number  of  senators  pres«rnt 
at  the  division,  but  not  the  nambers  for  aoi 
against,  is  often  stated  (*Mn  senata  fuerunt  C." 
C.  /.  L.  viii.  p.  270),     The  senatuaconsultux 
thus  written  out  was  then  entrusted  to  trtf 
quaestors,  by  them  placed  in  the  aerarium  an*! 
entered  in  the  tabulae  pvbUcae  C^ad  aeraricra 
deferre,"  Tac.  Ann.  iii.  51 ;  Cic.  ctd  AtL  xiiL  X\ 
**  liber  in  quo  sunt  senatusconsulta,**  C  I.  L.  viii. 
p.  270 ;  ^  senatusconsultum  descriptnm  et  reco?- 
nitum  ex  libro  sententiarum  in  senatu  dictarantt'^ 
138  A.D.  [TABtJLARroM].    The  entry  of  spurioas 
senatusconsulta  was  not  uneommon  in  the  last 
days  of  the  Republic :  Cic.  Phil.  t.  *4^  xii.  o\ 
Although  the  terms  of  a  senatusconsultum  weir 
communicated  to  the  individuals  or  oommunitii^ 
interested,  and  occasionally  to  the  public,  by  tb« 
presiding  magistrate  (Liv.  xiv.  20 ;   Mommieiv 
op,  cit,  iii.  1014),  no  official  record  of  the  pro- 
ceedings   in  the   senate   was   published   until 
Caesar's  first  consulship  in  59  B.C     The  nrf'i 
aewxtm  instituted  by  him  on  «the  model  of  th«* 
acUx,  urhona  were  published  afker  each  sitting 
of  the  senate,  and  contained,  betides  the  decre«& 


SEN^ATUS 

passed,  some  acconnt  of  the  rarioixs  aenientiae 
giveOf  &c.  (Suet.  Caes,  20,  '*  at  tam  senatus  quam 
popali  dioma  acta  confierent  et  publicarentur." 
These  acta  were  distinct  from  the  ooni' 
tnentarii  or  notes  kept  by  magistrates  or 
private  senators:  Hommsen,  op.  cU.  iii.  1015; 
Hubner,  de  tenatus  FopuUqtie  R,  acUs,  Leipzig, 
1860).  Acta  aenatus  continued  to  be  regu- 
larly compiled  nnder  the  £mpire,  but  Augustus 
discontinued  their  publication  (Suet.  Avg,  36). 
The  dnty  of  compiling  them  was  by  him  en- 
trusted to  one  of  the  younger  senators  (curator 
aetoram  senatus,  later  ''  ab  actis  senatus ; " 
Tac.  Amu.  v,  4^  *' componendis  patmm  actis 
delectus  a  Caesare;"  Orelli,  5447,  «curat(or) 
actomm  senatus  (Domitian)  2273  ab  actis" 
(TrajanX  The  '* commentarii  senatus"  (Tac. 
Asm.  xr.  74)  are  identical  with  the  acta.  Ex- 
tracts from  the  acta  were  occasionally  published 
by  order  of  the  senate  (Plin.  Faneg.  75),  and  the 
acta  themselves  could  be  consulted  by  pririleged 
students.    Mommsen,  op.  dt.  iii.  1021). 

VI.  Powers  of  the  Senate. — The  patriclo-ple- 
beian  senate  inherited  from  iU  patrician  prede- 
cessor two  important  prerogatiyes,*^those  of  rati- 
fying Totes  of  the  assembly  (vairum  auctoritas)f 
and  of  appointing  an  interrexy  The  first  of  these 
had  been  reduced  to  a  meaningless  form  by  2d7 
B.C.  (Lex  Publilia,  339  B.0;  Lir.  riii  12;  Lex. 
Maenia,  B.C.  338 ;  Cic.  BnU.  xir.  55 ;  Lex  Hor-^ 
tenaia,  B.0.  387),  though  as  such  it  long  sunrived 
(Lir.  ^17).  Siie  second  retained  its  reality,  but 
the  op[Sortunitie8  for  its  exercise  became  rare  as 
the  number  of  the  magistrates  with  the  imperium 
increased,  and  the  neceisity  for  declaring  an 
interregnum  more  remote  [IntsbbezI  ^part^ 
from  these  prerogatives,  the  senate  naa  con- 
stitutionally no  right  or  duty  whatsoever  but 
that  of^ad^^dng  the  magist/ate  when  consulted 
by  him. ^  ^\S^ 

Its  menftSj^Kere,  strictly  speaking,  chosen 
by  him,  and  he  could  remove- them.  Subject  to 
certain  restrictions,  he  convened  it  when  aiid 
where  he  would.  He  determined  what  business 
should  be  laid  before  it,  and  the  duty  of  the 
senators  was  merely  to  give  their  opifkion  on 
the  point  submitted  to  them.^  The  ^''senatus- 
coDsoltum  '*  was  technically  nothing  more  than 
a  recommendation  to  the  magistrate  (comp.  the 
phrase  in  senatusconsulta  "  si  iis  videretur  "), 
and  its  force  depended  on  his  adoption  of  it  (so 
the  magistrate  was  said  "  facere  senatusoonsul- 
tnm ; "  cf.  Mommsen,  op.  at.  iii.  995,  for  the  older 
use  of  the  term  decretma  as  implying  a  magis- 
terial act).  It  is  clear,  in  short,  that  even  in 
Cicero's  time  the  senate  was  formally  dependent 
on  the  magistrate.  It  had  no  direct  relation 
with  any  department  of  administration(^nd  the 
extent  to  which  it  controlled  affairs  depended,  not 
upon  any  prerogatives  of  its  own,  but  upon  the 
readiness  of  the  magistrate  to  ask  its  advice  and 
to  accept  it  when  asked.^  The  result  was  that 
even  in  the  period  of  its  assured  ascendancy,  and 
still  more  in  the  days  of  Cicero,  the  area  of  its 
activity  alternately  contracted  or  expanded,  as  the 
attitude  of  the  executive  magistrates  was  friendly 
and  deferential  or  the  reverse.  (Comp.  Cicero's 
description  of  Antony's  change  of  front  in  44  B.C., 
FhSi.  LI:"  praeclara  tiim  oratio,  egregia 
voluntas ...  ad  hunc  ordinem  res  optimas  de- 
ferebat  ...•••  ce  .. .  Kalendis  Juniis  .  .  .  mutata 
omnia:  nihil  per  senatum,  multa  et  magna  per 


SENATUS  631 

populum.")  \We  may  safely  assume  (Mommsen, 
op.  cit.  iii.  1023)  that  under  the  monarchy,  and 
even  under  the  early  Republic,  the  dependence 
of  the  senate  upon  the  magistrature  was  as  great 
in  practice  as  in  theory,  and  its  control  of  affairs 
proportionately  limited.  )C3nt  throughout  the 
period  of  the  great  war8>(300-^146  B.0.)  the 
case  was  otherwbe.  It  was  oy  the  senate  that  the 
policy  and  the  administration  of  the  state  were 
really  directed ;  and  the(magi8trates  were,  with 
rariB  exceptions,  its  obedient  servants,  consulting 
it  at  every  step,  and  conceding  to  its  advice  the 
force  of  a  comman^(*'  quasi  ministr<vs  gravissimi 
consilii,"  Cic.  pro  Best.  65,  137).  CThe  causes  of 
the  change  were  various.  The  constant  wars  by 
keeping  the  chief  magistrates  constantly  in  the 
field  threw  the  responsibility  for  the  safe  con- 
duct of  affairs  upon  the  senate;  the  growing 
complexity  of  political  and  administrative  ques- 
tions rendered  the  senate  rather  than  either  the 
assembly  or  the  magistrate  the  fittest  authority 
to  discuss'  and  settle  them ;  the  increase  in 
the  numbers  of  the  magistracy,  while  it  gave 
the  senate  additional  importance  as  the  one 
body  which  could  so  organise  and  direct  them 
as  to  secure  effective  co-operation,  weakened  the 
power  and  diminished  the  self-reliance  of  the 
individual  magistrate.)  To  these  causes  must  be 
added  the  support  afforded  to  the  senate  by  its 
intimate  connexion  with  the  nobility  (Mommsen, 
S6m.  Qetch.  bk.  3,  cap."  11).  "fhe  precise  steps 
by  which  the  senate  gained  this  ascendancy 
cannot  be  followed  in  detaih  In  some  cases 
where  in  earlier  times  the  magistrate  had  con- 
sulted the  people  as  well  as  the  senate,  the 
reference  to  the  former  was  quietly  dropped,  and 
a  decree  of  the  senate  was  accepted  as  sufficient 
(jg.g.  in  the  case  of  the  prorogatio  imperii ;  see 
art.  Imperium,  and  Mommsen,  Staatsrecht,  iii. 
1091).  In  others  (e.g.  the  arrangement  of  the 
provinciae ;  see  Pbovincia),  a  point  originally 
settled  by  the  magistrates  among  themselveis 
was  regularly  submitted  to  the  senate  for  de- 
cision. '^Naturally,  too,  where  an  established 
custom  of  consulting  the  senate  grew  up,  the 
tendency  was  to  claim  for  the  senate  a  consti- 
tutional right  to  have  its  advice  both  asked  and 
followed.  A  conspicuous  instance  of  this  was 
the  assertion  confidently  made  by  senatorial 
advocates  that  no  measure  could  legally  be  in- 
troduced into  the  assembly  which  had  not. 
received  the  previous  sanction  of  the  senate. 
(Liv.  xlv.  21,  **  praetor  novo  maloque  exemplo 
rem  ingressus  erat,  quod  non  ante  consulto 
senatu  . .  .  rogationem  ferret ").  It  is  also  clear 
that  as  the  senate  grew  stronger,  and  the 
magistrates  weaker,  the  original  theory  of  the 
nature  and  force  of  its  senatorial  decrees,  as 
nothing  but  expressions  of  opinion  on  particu- 
lar cases,  was  lost  sight  of,  or  rather  was  put 
aside  in  favour  of  one  better  suited  to  the  facts 
of  the  case.  The  replacement  of  the  older  decre^ 
turn  by  senatuaconsuitunij  of  the  phrase  de  senatus 
senteniia  by  ex  senatusconsultOt  and  the  introduc- 
tion of  the  custom  that  the  magistrate  should  in 
making  h's  relatw  abstain  from  anticipating  the 
decbion  of  the  senate  by  any  definite  proposal, 
are  significant  illustrations  of  the  change  (see 
supra,  pp.  628  f. ;  Mommsen,  Staatsr.  iii.  994  fi*.). 
Not  less  80  was  the  tendency  to  regard  the  senate 
as  capat  le  by  decree  of  suspending  or  inv^li^^ljlng 
a  law  (Ag.  the  suspension  of  the  Republic,  1^^ 


L 


&  ^ 


I 


632 


SKNATUS 


SENATC8 


by  the  senatusconsultum  nltimam ;  cf.  Sallnst,  I  see  Imferidx  ;  Pbovincia.)  But  the  contro' 
Cat.  29),  or  of  enacting  general  regulations  for  J  of  the  senate  did  not  end  here.  It  had  also  t<> 
the  future  (Mommsen,  Staatsr,  ill.  2,  1230),  as)  determine  what  equipment  (omatici)  in  the  wa^ 
distinct  from  special  provisions  for  particular^  of  troops,  money,  staff,  &c.,  should  be  grantei 


cases.  Nor  is  it  surprising  that  the  growth  of 
senatorial  ascendancy  should  have  been  ac- 
companied by  attempts  formally  to  emancipate 
the  senate  from  the  magisterial  control  which,  if 
no  longer  effective,  was  yet  irksome.  Thus,  as 
we  have  seen,  the  magistrate's  fi*eedom  of  choice 
in  the  lectio  senatus  was  gradually  destroyed 
(see  supnt,  pp.  622  f.),  the  infliction  of  penalties 
for  non-attendance  fell  into  disuse  (Mommsen, 
Staatsrechty  iii.  2,  916),  and  the 'licence  egredi 
relationem  (see  suprc^  p.  629)  became  an  esta- 
blished privilege. 

"^ —  Xhe  limits  of  the  authority  of  tho  senate,  at 
the  period  of  its  most  complete  ascendancy  (circa 
300-133  B.a),  are  not  easy  to  define.  There  were 
indeed  certain  things  with  which  the  senate 
had  no  concern  (^.^.tbe  election  of  magistrates), 
as  falling  wholly  and  exclnsiirely  Within  the 
domain  of  the  people.  There  are  others  where 
its  interference  was  limited  properly  to  a  pre- 
liminary consideration,  while  the  final  decision 
rested  with  the  assembly  (e.g»  alterations  in  the 
constitution,  the  declaration  of  war,  the  ratifi- 
cation of  a  formal  treaty) ;  though  in  these  cases 
the  tendency  was  to  depreciate  the  importance 
of,  and  even  to  omit  the  second  stage  in,  the  pro- 
<:eeding.  Finally,  the  ordinary  routine  business 
of  each  department  was  as  a  rule  left  entirely  to 
the  magistrate  in  charge  of  it.  But  within  these 
limits,  there  were  hardly  any  administrative 
questions  which  the  senate  might  not  be  called 

>^  upon  to  discuss  and  decide.  In  the  first  place, 
the  growing  amount  and  variety  of  the  work  to 
be  done  necessitated  a  more  systematic  division 
and  assignment  of  departments  than  had  been 
required  in  earlier  days,  and  for  this  delicate 
business  only  the  senate  was  fitted*  Year  after 
year,  from  the  commencement  of  the  Second 
Punic  war  onwards,  the  consuls  consulted  the 
senate  de  provmciia  ;  and  the  senate  decided 
what  these  should  be,  which  of  them  should  be 
consular  and  which  praetorian.  [This  division 
was,  before  122  B.G.,  made  at  the  first  meeting 
of  the  senate  in  the  year:  Liv.  xxxii.  28  and 
xzxiz.  38.  The  Lex  Sempronia  de  provinciis 
consularibus  (122  B.C.)  enacted  that  the  point 
must  be  settled  before  the  consular  elections : 
Sallust,  Jug,  27 ;  Cic.  de  Prov,  Cons,  17.  In 
settling  what  the  provinces  should  be,  the  senate 
varied  the  arrangements  as  necessity  required : 
e,g.  Liv.  xlv.  16,  '*duas  provincias  Hispaniam 
rursus  fieri  quae  una  per  helium  Macedonicum 
fuerat,"  Willems,  cp.  cit,  ii.  544.]  It  decided 
further  in  what  cases  a  prorogatio  imperii 
was  desirable  (Liv.  xxvi.  28  and  passim) ;  and 
occasionally  not  only  determined  whether  a 
province  should  be  consular  or  praetorian, 
but  assigned  it  extra  sortem  to  a  pai-ticular 
individual  (apparently  only  in  the  case  of  prae- 
torian provinces,  Willems,  ii.  273,  545).  When, 
as  was  the  case  in  the  post-Sullan  period, 
all  the  provinces  abroad  were  taken  by  pro- 
magistrates,  whose  imperium  had  been  pro- 
longed, the  duration  of  each  command  was  also 
fixed  by  the  senate's  willingness  or  thd  reverse 
to  renew  the  prolongation  at  the  close\of  each 
y**  A,.  .(Cic  de  Prov.  Consul.,  passim  j  cf.  ad 
J  ^essio.  \^"ne  pruvinda  nobb  proroJetur:" 


to  each   magistrate    or  pro  -  magistrate    (Ci:. 
ad  Att.  iv.  18,   **in   omandis    provinciis  con- 
sularibus;" ad  Q,  Fr.  ii.  3,  **de  omandis  pra<- 
toribus;"  m  Piwn,  hi,  ''provinciam  senatu 
auctoritate  exercitu  et   pecunia  instructam  A 
ornatam  "),  a  right  of  supply  which  should  hare 
been  a  more  effective  check  upon  the  executive 
than  in  practice  it  proved  to  be.     Finally,  t 
may  be  noted  that  the  actual  administration  uf 
the  various  departments  was,  in  a  variety  of 
ways,  subject  to  senatorial  snpenrision.    Alie 
at  home  and  abroad,  not  only  was  the  frequent 
reference  of  special  points  to  the  senate  requiied 
from  the   magistrate  by  custom,   but  general 
regulations  were  made  by  senatorial  decree  for 
his  guidance.^n  three  cases  especially  the  c«D-y' 
trol  of  the  senate^was  of  great   importance: 
in    the  manaeement  of   the  finances,  in   the 
goveriunent  of  the  transmarine  pnvinoes,  9xA 
in  the  regulation  of  foreign  i^flairs.    (1)  T^t 
income  of  the  Koman  state  was  derived  partly 
from  the  state  property,  —  the   public  Ifnds. 
mines,    fisheries,  &c,  —  partly  from  taxatioo. 
As  regards  the  first,  although  the  alienation  ol 
public  land  by  assignation  required  the  sanction 
of  the  people,  its  management  was  under  the 
supervision  of  the  senate,  which  authorised  sar- 
<  veys  of  its  boundaries,  Uie  leasing  of  lands  or 
IminM  on  certain  conditions,  and  the  collection 
\of  the  dues  payable  by  the  lessees.    As  to  taia- 
*  tion,  the  imposition  of  a  new  tax  upon  Romao 
citizens  was  indeed  beyond  the  power  of  the 
senate;  but   inasmuch   as  after   167  B.C.  the 
burden  of  taxation  fell  on  the  provindals,  the 
restriction  was  unimport^t.      On*  the   other 
hand,  it  was  the  senate,  which  determined  what 
a  province  should   pay,  and    in  what  form ; 
which  granted  exemptions,  increaa|d  the  amount, 
or  altered  the  mode  of  collection^  (Comp.  the 
senatusconsultum  as  to  Macedonia  in  167  b.^ 
Liv.  xlv.  18:   see  also  Cic  Verr,  iii.  16,  42; 
ommsen,  op.  dt.  iii.  1120  S97.    The  Lex  Sea- 
ronia  de  provincia  Asia,   which  altered  the 
ode  of  collecting  the  tithes  of  Asia,  was  an 
nfringement  of  the  customary  rights  of  the 
jenate.)    The  case  was  much  the  same  with 
regard  to  the  public  expenditure.   ^  was  the 
senate  which  sanctioned  the  expenditure,  which 
directed  the  payments  to  be  made  from  the 
treasury — except  where  these  were  in  a  f«w 
cases  fixed  by  law, — and  which  ttthorised  tb^ 
striking  and  issue  of  coins  in  RomQ^  (lioauD£eD, 
op.  cit.  iii.  1126  aqq.;   Polyb.  vi.  13,  ml  y^ 
rijs  €l(r6Bov  rdurns  aStrri  Kpar^intai  riis  i^i^ 
irapmrAno-iMS ;    Cic.  in   Vat.    15,  36,  describes 
the  ^'aerarii  disp^nsatio"  as  a  prerogative  oi 
the  senate.)    (2)«Xhe  organisation,  in  the  first 
instance,  of  a  new  province  was  usually  carried 
out  by  a  commission  of  senators  in  accordance  ^ 
with  a  decree  of  the  senate  [Pw)Vi»ci a];  and 
it  was  by  the  senate,  as  a  rule,  that  any  snb- 
sequent  modifications   in  Its  constitnticn  were 
made,  and   regulations  laid    down   as  to  the 
methods  of  its  administrationVMonunaen,  op.  cU- 
iii.  2,  nil  sqq. ;  Liv.  xliii,  2 ;  Cic.  Verr.  ii.  39, 
ad  Att.  V.  21).     It  was  to  the  senate  that  the    . 
provincial   governor  addressed  hi4  de«ptt«*»**» 
and  before  the  senate  that  provinpsi  ^?^^ 


8BNATUS 

tions  appeared.^  (3)  In  foreign  relationa,  it  is 
not  easy  to  denne  exactly  the  functions  of  the 
senate,  as  distinct  on  the  one  hand  from  the 
constitntionai  rights  of  the  people,  and  on  the 
other  irom  the  authority  wielded  on  the  spot 
by  the  magistrate  or  pro-magistrate,  vested  with 
the  imperium  and  in  command  of  troops.  J^'t 
a  formal  declaration  of  war  against  a  previously 
friendly  power,  the  consent  of  the  people  was 
constitutionally  necessary ;  while  the  repulse  of 
invaders  and  the  chastisement  of  insurgents  were 
matters  within  the  authority  of  the  magistrate 
himself.  But  for  military  expeditions  on  any 
considerable  scale,  or  for  expeditions  outside  his 
province,  or  against  friendly  peoples  within  it^ 
he  was  expected  to  obtain  the  sanction  of  the 
senate  (Liv.  xxxix.  3,  55,  xliii.  1 ;  Appian„ 
Hisp,  81).  The  ratification  of  a  formal  and 
permanent  treaty  of  peace,  like  the  formal 
declaration  of  war,  was  properly  the  act  of  the 
people  [Polyb.  vL  14,  inckp  eip^inif  o8ro5  /3ol^• 
Xc^oi  mil  ir((Xt/tov.  Livy,  xxx.  44,  describes 
the  conditions  of  peace  with  Cai^thage  (201  B.C.), 
aiTanged  by  Scipio,  as  requiring  confirmation 
**  patrum  auctoritate  populique  jussu ;  "  comp. 
Id.  xxix.  12;  Sail.  Jvg,  39,  '*senatus  decernit 
sno  atqne  populi  injussn  nullum  potuisse  foedus 
fieri**];  the  arrangement  of  a  temporary  truce 
that  of  the  magistrate.  But  the  terms  of  a 
proposed  treaty  were  discussed  and  settled  in 
the  senate.  It  was  before  the  senate  that 
foreign  ambassadors  appeared,  and  by  the 
senate's  authority  that  Roman  legati  were 
'sent  out  (Polyb.  vL  13).  Of  the  numerous 
alliances  by  which  communities  were  admitted 
to  the  status  of  dependent  allies  of  the  Roman 
people,  the  majority  seem  to  have  been  ratified 
by  the  senate  only.  [Mommsen,  op,  cU.,  iii. 
1172.  The  ratification  by  law  of  Pompey's 
arrangements  in  Asia  (59  B.C.)  was  an  exception 
to  the  rule  (Dio  Cass,  xxxviii.  7).]  If  to  the 
senate's  control  of  the  finances,  of  the  adminis- 
tration of  the  provinces,  and  of  foreign  relations 
-we  add  its  general  supervision  of  matters  touch- 
ing public  peace  and  order  in  Rome  and  Italy 
(described  by  Polyb.  vi.  13),  the  justice  of  its 
claim  to  be  considered  the  actual  ruler  of  the 
Roman  state  will  be  evident. 

But  this  claim  did  not  pass  unchallenged  in 
the  last  century  of  the  Republic,  and  durii\2  the 
latter  half  of  that  century  (70-49  B.C.)  it  was 
weakened   by   the   growing   ineffectiveness    of 
senatorial  control  in  the  very  case  where  it  was 
most  needed,  in  the  government  of  the  provinces. 
The  attacks  made  upon  the  ascendancy  of  the 
senate  by  the  Gracchi,  and  by  the  leaders  of  the 
popular  party  after  them,  were  directed  in  the 
first  place  against  the  claim  put  forward  on 
behalf  of  the  senate   that  its  aucioritas  was 
necessary  for  any  measure  which  a  magistrate 
wished  to  bring  before  the  assembly.    The  ques- 
tion of  the  legality  of  this  claim,  raised  by  the 
opposition  which  the  senate  offered  to  the  Sem- 
pronian   agrarian  laws,  was  answered  by  the 
succetsfal  passing  of  those  laws  *'  contra  auctori- 
tatem  senatus.'*    Sulla  indeed  endeavoured  to 
reassert  thiv  claim  by  making  the  sencdus  atK- 
UfritoM  legatfly  necessary  (88  B.G. ;  Appian,  BeiL 
Civ,  L    59,  uiifSiy   thi    irpofioik^vroy  is  rhy 
^tu»  i€r^piM$at\  but  his  work  was  undone  in 
70  B.C.,  and  thXnceforward  the  independent  right 
of  the  magistrwe  to  propose  and  of  the  people  to 


SENATUS 


633 


pass  any  law,  though  denied  in  theory  by  sena- 
torial advocates  (Cic  de  Rep,  ii.  36 ;  de  Legg. 
iii.  12),  was  allowed  in  practice  and  was  re- 
peatedly exercised.  Similarly  the  summary 
condemnation  of  the  elder  Gracchus'  adherents 
drew  from  the  popular  party  an  emphatic  re- 
pudiation of  the  principle  that  the  senate  by 
decree  could  authorise  the  consuls  to  suspend  the 
law  of  appeal  (Pint.  C,G,b\  Cic.  pro  Rab.  perd. 
4,  12  ;  pro  Cluent.  55,  150),  and  the  execution  of 
the  Catiiinarians  in  63  B.C.  led  to  a  second  re- 
assertion  of  the  inviolability  of  the  law  by 
Clodius  in  58  B.C.  (Veil.  Pat.  u.  45 ;  for  a  state- 
men  of  the  senatorial  view  ofNthe  force  of  the 
decree  in  this  case,  comp.  SallusV  Cat  29). 

More  dangerous  to  senatorial  ascendancy  was 
the  policy  pursued  by  Gaius  Gracchus,  who, 
taking  his  stand  on  the  legislative  independence 
of  magistrate  aod  people,  invited  the  latter  to 
deal  by  law  with  a  variety  of  questions,  long 
left  by  custom  to  the  decision  of  the  senate,  such 
as  the  distributions  of  corn,  the  conditions  of 
military  service,  the  taxation  of  the  provincials, 
and  even  the  mode  of  assigning  the  provinces. 
[Leges  Sempboniae.]  The  precedent  set  by 
Uracchus  was  foUowea  by  his  successors,  and  in 
particular  the  interference  of  the  assembly  in 
the  assignment  of  provincial  commands  strucit  at 
the  very  roots  of  the  power  of  the  senate  (comp. 
Gabinian  and  Hanilian  laws,  67-66  B.C. ;  Lex 
Yatinia,  59;  Lex  Clodia,  58;  Lex  Trebonia,  55). 

But  the  ascendancy  of  the  senateSnight  nave 
survived  thes^  attacks,  had  it  been  able  to  retain 
its  hold  over  the  great  officers  who  led  the  legions 
and  governed  the  provinces  abroad.  While,  how- 
ever, the  senate  from  81  onwards  showed  itself 
increasingly  anxious  to  retain  in  its  own  hands 
the  control  of  the  provinces  and  of  foreign 
relations  (see,  for  instances,  Mommsen,  op.  cit. 
iiL  1171,  1222),  the  virtual  independence  of  the 
proconsuls,  and  the  impotence  of  the  senate  to 
enforce  the  observance  by  them  of  its  own  decrees 
or  of  laws,  became  daily  clearer.  And  this  was 
so  not  onij  in  the  case  of  great  autocratic  officers, 
such  as  Pompey  or  Caesar,  holding  important 
commands  by  the  direct  vote  of  the  people^  but 
of  the  ordinary  provincial  governor.  (Comp.  the 
advice  given  by  Cicero  to  Lentulus  Spinther  to 
restore  Ptolemy  Auletes  on  his  own  responsibsity : 
ad  Fam.  i.  7,  4.)  It  was  finally  in  a  conflict,  not 
with  the  popular  assembly  and  its  leaden,  but 
with  the  powerful  proconsul  of  the  Gaul^  that 
^^p  senate  was  decisively  defeated,  l, 

YIl.  The  Senate  urMer  the  Smperors.^The 
cnanges  effected  by  the  emperors  in  the  composi- 
tion and  procedure  of  the  senate  have  been  already 
described.  It  remains  to  consider  the  share  it  took 
in  the  work  of  government.  The  restoration  of  the 
Republic  professedly  accomplbhed  by  Augustus 
formally  replaced  the  senate  in  its  ancient  posi- 
tion as  the  recognised  council  of  advice  for  the 
executive  magistrates.  The  decay  of  the  comitia 
removed  an  ancient  rival ;  it  transferred  to  the 
senate  the  election  of  magistrates,  and  substituted 
senatorial  decrees  for  laws.  In  conjunction  with 
the  consuls  the  senate  exercised  throughout  the 
first  century  a  criminal  jurisdiction,  such  as  it 
had  only  claimed  before  in  exceptional  cases,  and, 
since  122,  only  under  protest  from  the  popular 
party.  The  growing  insignificance  of  the  old 
m^istracies  increased  its  prestige  as  the  sur- 
Tivicg  representative  of  the  old  Republic,  and 


V 


\ 


634 


SENATUS 


SENATUS 


\ 


the  one  constitutional  check  on  the  power  of 
Caesar.  And  when,  on  the  death  or  deposition 
of  an  emperor,  the  principate  for  the  moment 
ceased  to  exist,  it  was  to  consuls  and  senate 
that  its  powers  in  theory  reverted,  and  from 
them  came  constitutionally  the  proposal  to 
confer  them  anew  upon  a  snccessor.    [Pbinci- 

PATU8.] 

But  the  political  and  administrative  ascendancy 
of  the  senate  was  gone  for  ever,  and  even  the 
partnership  with  Caesar  in  the  government  often 
claimed  for  it  was  unreal  and  delusive.  [For  a 
different  view,  see  Mommsen,  Staatsrechtf  iL 
709 ;  as  to  the  supposed  Dyarchie  of  Caesar  and 
senate,  comp.  t6.  iii.  1252,  **  Der  sonverane  Senat 
des  Principats:"  see  also  Primcipatub.]  The 
period  of  its  real  supremacy  had  beeA  marked  by 
a  gradual  restriction  of  the  magistrates'  control 
over  its  composition  and  procedure.  How  far- 
reaching  on  the  other  hand  was  the  authority  of 
Caesar  in  these  respects  has  been  shown  above. 
Moreover,  under  the  system  established  by  Au- 
gustus, the  senate  had  a  double  part  to  play. 
On  the  one  hand  it  was  still  as  of  old  the  council 
which  advised,  instructed,  and  even  directed  the 
ordinary  executive  officials,  the  consuls,  praetoi's, 
&c.,  in  Rome,  and  the  governors  of  all  provinces 
other  than  those  of  Caesar  abroad.  Under  this 
aspect  it  had  a  sphere  of  activity  conterminous 
with  theirs,  covering  nominally  the  administra- 
tion of  affairs  in  Rome,  Italv,  and  the  public 
provinces.  Bat  in  the  first  place  this  sphere  of 
activity  was  not  only  restricted  by  the  wide  area 
originally  assigned  to  Caesar,  but  became  con- 
tinually narrower  as  Caesar  laid  his  hand  on 
one  after  another  of  the  departments  properly 
belonging  to  the  regular  magistrates  (see  for 
details  I^aincipatus}.  Even  within  these  limits 
the  power  and  influence  of  Caesar  made  them- 
selves increasingly  felt,  to  a  degree  which  de- 
prived the  action  of  the  senate  of  all  real  inde- 
pendence. In  the  discussion  of  matters  within 
this  sphere,  brought  forward  by  the  consuls  or 
other  magistrates,  Caesar,  if  present,  took  part 
as  an  ordinary  senator,  but  his  sententia  carried 
a  weight  which  was  usually  decisive.  (Tac. 
Ann.  i.  74 ;  ii.  36.  This  is  especially  clear  in 
the  case  of  trials  before  the  senate,  where 
Cae«ar*s  sententia  is  sometimes  treated  as  equi- 
valent to  a  judicial  verdict,  e.g.  Ann,  iv.  31.) 
In  virtue,  moreover,  of  his  tribunicia  potestas, 
Caesar  could  and  did  interfere  at  any  stage  of 
the  proceedings:  to  prevent  the  making  of  a 
I'^atiOf  the  taking  of  seritentiaef  or  the  passing 
of  a  decree.  (In  Tac.  Ann,  i.  13,  Tiberius  is 
thanked  **  quia  relation!  consulum  jure  tribuni- 
ciue  potestatio  non  intercessisset ; "  comp.  t&.  iii. 
70,  xiv.  48.)  It  is  evident  also  that,  even  under 
the  early  emperors,  the  consciousness  of  Caesar's 
overwhelming  strength  disinclined  the  senate  to 
discuss  or  decide  any  but  the  most  ordinary  and 
uu important  questions  except  at  his  suggestion 
or  with  his  approval,  and  made  it  anxious  to 
transfer  all  serious  responsibility  to  him.  (Tac. 
Ann.  ii.  35,  iii.  32,  52,  xiii.  26,  *'consule8  non 
ausi  relationem  incipere  ignaro  principe."  Plin. 
-Epp.  vi.  19,  ^^senatus  sententiae  loco  postulavit  ut 
consules  desiderium  universorum  notum  principi 
facerent ; "  ib.  vii.  6,  "  consules  omnia  Integra 
principi  servaverunt."  Tac.  /7t>^.  iv.  4,  "earn 
cu^Bui  consul  designatus  ob  magnitudinem  oneris 
.  .  .  principi    reservabat."      Nero   thought    it 


necessary  to  profess  his  intention  of  respecting 
the  supposed  division  of  labour  between  himselt 
and  the  senate.    Ann.  xiii.  4,  "teneret  antiqua 
munia  senatus  . . .  consulum  tribunaliboa  Italia 
et  publicae  provinciae  adsiaterent.**)    A  glance 
at  the  three  departments  of  finance,  of  provincial 
government,  and  of  foreign  relations,  over  which 
under  the  Republic  the  senate  exercised  a  real 
authority,  will  sufficiently  illustrate  its  altered 
position  under  the  emperork    In  that  of  finance, 
a  limit  was  at  once  placed  to  the  senate's  control 
by  the  existence  of  the  fiscus,  which  was  from 
the  first  wholly  under  Caesar's  management 
[Fisoub].    Over  the  old  state  chest,  <*  aerarium 
populi  Romani,"  the  senate  retained  a  nominjal 
supervision,  but  of  its  independent  management 
by  the  senate  there  is  little  trace.    The   ex- 
penditure of  money  from  it,  or  remissions  of 
payments  due  to  it,  were  indeed,  as  late  as  the 
second  century,  authorised  by  senatnsconsulta, 
bnt  on  the  initiative  of  the  emperor  (Tac  Ann. 
ii.  47,  iv.  13.      A  natural  exception  was  the 
occasional  outlay  on  temples  in  the  emperor *s 
honour).     Its  custody  was  by  Nero  transferred 
to  imperial  officers  (praefecti  aeraruj  Tac.  Ann, 
xiii.  29);  and  though  the  fiscus  and  aerariam 
remained  for  long  formally  distinct,  Dio  Casains 
pronounces  the  distinction  to  be  at  once  nnreal 
and  difficult  to  define  (Dio  Cass.  liiL  16,  22). 
As  regards  the  government  of  the  provinces, 
the  control  of  the  senate  was  similarly  at  once 
restricted  in  area,  and  shorn  of  all  real  inde* 
pendence    [Principatcs  ;    Pbovincia],     Over 
two-thirds  of  the  empire  Caesar  was  sole  master, 
and  over  the  rest  he  exercised  a  majus  impermm 
which  ultimately  gave  him  all  that  he  wanted. 
Of  its  old  duties  in  connexion  with  the  assign- 
ment even  of  the  so-called  *'  senatorial  provinces  ** 
all  that  remained  was  the  formal  selection  of 
the  same  two  provinces  each  yrar  as  *'  consular ." 
In  the  first  century  it  is  true  that  the  responsi- 
bility of  proconsuls  to  the  senate  rather  than  to 
Caesar,  and  the  right  of  the  senate  to  supervise 
their  administration,  was  recognised  in  theory 
and  occasionally  tn  practice;  but,  as  has  been 
shown  elsewhere  [Pbincipatub],  in  the  second 
century  even  this  partial  authority  disappeared. 
Over  foreign  relations  the  senate  retained  no 
independent  control   whatever,  even  in  name. 
Although  announcements  as  to  foreign  a&irs 
were  constantly  made  k|  the  senate  or  communi- 
cated to  it  by  the  emptor  (Tac  Afm.  i.  52,  iL 
52,  iii.  32,  47;   Mommsen,  op.  cit.  iii.   1107, 
1264),  and  though  foreign  embassies  were  some- 
times introduced  to  it  by  him  (Tac  Ann,  xil.  10 ; 
Hist,  iv.  51),  yet  the  exclusive  command  of  all 
troops,  and  the  plenary  authority  to  declare  war 
and  conclude  treaties  given  to  Augustus  and 
his  successors,  deprived  the  senate  of  all  real 
power  (Strabo,  xvii.  p.  840,  koI  woKipw   ml 
^Iftiirns  Koriani  icCpun,    Lex  Yespasiani,  Iknns, 
p.   128,  ''foedusve    cum   quibus   volet    facere 
liceat ").    It  is  lastly  significant  of  the  growing 
dependence  of   the   senate   apon  Cseiar,  even 
within  its  own  sphere,  that  by  the  close  of  the 
second  century  even  the  crimioal  jurisdiction 
seems  to  have  been  exercised  only  at  the  in- 
vitation or  by  direction  of  the  emperor  (Uomm- 
sen,  op.  cit,  ii.  110). 

But  the  senate  was  also  the  council  of  sdvice 
for  Caesar  himself,  who  poesessel  by  statute  a 
special  right  of  convening  it,  of  laying  matters 


/ 


SEXATUS 


8ENATUS 


635 


before  it,  and  «f  carryiiig  smatnseoiuulta 
(Lex  Yetpssiani,  ''atiqne  ei  seoatum  habere, 
relationem  £icere  remittere,  aenatuaconsalta 
per  relatioaem  disceuioneiDque  facere  liceat "). 
Here  there  waa  no  qnestioo  of  divided  attthoritj ; 
from  this  point  of  view  the  activity  of  the  senate 
waa  determined  hj  the  willingness  or  reluctance 
of  Caesar  to  consult  it,  and  to  nse  its  decrees,  as 
instruments  of  bis  own  government,  within  the 
sphere  assigned  to  him. 

Such  a  use  of  the  senate  had  obvious  advan- 
tages. It  was  in  accordance  with  republican 
tr^tion ;  it  gave  an  appearance  of  constitution- 
alism to  imperial  rule,  without  involving  any 
real  sacrifice  of  power ;  and  it  divided  respon- 
sibility. By  nearly  all  the  emperors  of  the 
first  and  second  centuries  the  usefulness  of  the 
Mnate  in  this  capacity  was  fully  recognised.y 
The  list  of  questions  submitted  to  the  senate^ 
by  Caesar  and  of  decrees  promoted  by  him 
(aucton  principe)  is  a  long  one ;  and  besides  non- 
political  matters,  such  as  changes  in  the  dvil 
law,  regulations  as  to  the  theatre  and  gladiatorial 
shows,  restrictions  on  luxury,  or  the  expulsion 
of  astrologers  (for  instances^  see  Haenel's  useful 
work,  entitled^  rather  inaccurately,  Corjnu 
legtan  ab  Jmperaionbiu  iatarwn,  Leipzig,  1857, 
and  art.  SenatusoohsultumX  it  includes  a 
variety  of  subjects  directly  connected  with  the 
general  administration  of  the  Empire.  (Suet. 
IV>.  dO,  '*  de  vectigalibus  et  monopoliis  • . .  etiam 
de  legendo  vel  exauctorando  milite  •  •  •  denique 
quibus  imperium  prorogari  aut  extraordinaria 
bella  mandari,  quid  et  qua  forma  regum  litteris 
rescribi  placeret;"  Tac.  Ann.  xi.  23,  grant  of 
jva  hononun  to  the  Aedui;  t&.  xii.  61,  grant 
of  mmunitas  to  Cos :  comp.  Haenel,  op.  dL) 

The  usefulness  of  the  senate  as  a  subordinate 
instrument  of  Caesar's  government  outlasted  its 
importance  as  an  independent  administrative 
authority :  but  even  in  this  capacity  it  ceased 
after  a  time  to  fill  any  but  a  quite  insignificant 
place.  By  the  time  of  the  younger  Pliny,  the 
emperor's  reiatume$,  whether  oral  or  written, 
were  assuming  the  form  of  definite  proposals, 
accepted  by  the  senate  as  a  matter  of  course, 
and  sometimes  without  even  a  formal  taking  of 
senietUiae;  and  the  imperial  cratm  or  crpts- 
tuia^  rather  than  the  senatasoonsultum  which 
followed,  is  quoted  aa  authoritative  (see  supra, 
under  Pbocbdure,  p.  628X  In  the  third  century 
even  this  purely  formal  reference  to  the  senate 
became  rare ;  and  from  the  reign  of  Septimius 
Severus  onwards,  government  by  imperial  edicts, 
constitutions,  axid  rescripts  is  the  rule.  (Even 
in  the  department  of  civil  law,  the  references 
to  orationes,  epistulae,  and  aenatusconsulta 
rapidly  dwindle  in  number,  .while  those  to 
constitutions  and  rescripts  as  rapidly  increase. 
See  Haenel,  op.  dt, ;  Rein,  Privatrechi^  p.  86.) 

On  two  or  three  occasions  during  the  third 
century,  accident  seemed  to  revive  the  impor- 
tance of  the  senate.  The  formal  investiture  of 
the  person  chosen  to  be  prmoepsj  with  the  cus- 
tomary powers,  had  always  been  accomplished 
by  deCTee  of  the  senate  followed  by  a  vote  of  the 
people  [Fbincipatub],  though  only  rarely  had 
the  senate  exercised  a  voice  in  the  selection 
itself.  But  both  Maximus  and  Balbinus  and 
Tacitus  were  actually  chosen  by  the  senate,  the 
responsibility  of  choosing  being  in  the  latter 
case  entrusted  to  the  senate  with  the  consent  of 


the  army.  It  is  clear,  however,  that  with  this 
delicate  and  hazardous  duty,  thrust  upon  it  by 
the  force  of  circumstances,  the  senate's  renewed 
activity  began  and  ended ;  and  in  spite  of  the 
magniloquent  language  used  in  the  senate  on 
the  accession  of  Tacitus,  and  of  some  trifling 
concessions  to  its  vanity  made  by  that  emperor, 
there  was  in  no  sense  any  revivnl  of  senatorial 
authority.  fSchiller's  phrase,  **  Senatskaiser- 
thum,"  is  misleading  {Gesch,  <L  Kaiser zeit^  i.  795, 
872),  as  also  is  his  description  of  the  reign  of 
Severus  Alexander  as  a  **  Rcstauration  der  Senat- 
herrschafL"  With  the  language  used  in  the 
senate  (FtY.  Tac.  \2\  ^in  antiquum  statum 
redisse  renmublicam,"  &c.,  compare  the  naive 
admission  of  the  consul  himself  (t6.  3X  '*  qnare 
agite,  patres  conscripti,  et  principem  dicite,  aut 
aocipiet  enim  exercitus  quern  elegeritis,  auty.si.  ■ 
TtfuUiverit^alteruttifaciBt:'^  N^      N/    Y     '' 

The  senate  of  the  Republic,  and  even  of  tne  ^ 
early  Empire,  was  emphatically  the  central  ^^ 
deliberative  council  of  the  Empire,  and  "sena- 
tors" are  the  members  i^  this  council,  with 
seats  and  votes  in  the  Curi^But  the  tendency  of 
imperial  policy  in  the  seeti^  and  third  centuries 
was,  on  the  one  hand,  to  exclude  the  senate 
from  any  effective  share  in  imperial  policy, 
and  limit  its  activity  to  local  Roman  or  Italian 
matters ;  on  the  other,  to  create  outside  it  a  sena- 
torial order  (see  suproj  p.  625).  This  policy  waa 
carried  to  its  extreme  point  by  Diocletian,  Con- 
stantine,  and  their  successors.  The  abandon- 
ment of  Rome  by  the  emperors,  and  the  creation 
of  a  second  Curia  at  Byzantium,  destroyed  the 
significance  of  the  senate  as  an  imperial  institu- 
tion ;  while  the  extension  given  to  the  senatorial 
order,  and  its  importance  as  a  numerous  class 
represented  in  every  part  of  the  Empire,  formed 
an  effective  contrast  with  the  quasi-municipal 
councils  which  at  Rome  and  Constantinople 
jointly  inherited  the  name  of  "  senate."  /^ 

Admission  to  the  order — ^that  is,  to  senatorial 
rank — was  gained  either  by  birth,  as  the  son  or  \l 
grandson  of  a  senator,  or  as  in  old  times  .by  elec- 
tion to  the  quae8torsbflp,'6r~}Bltly  as  under  the 
early  emperors  by  imperial  adUctio,  But  admis- 
sion by  adUctio  was  now  attached  to  the  tenure 
of  certain  offices  in  the  imperial  sendee.  The 
senatorial  order  of  the  fourth  and  fifth  centuries, 
is  in  consequence  a  numerous  body,  and  includes 
all  but  the  subordinate  officials  and  ex-officials 
of  the  Empire.  Within  this  body  further  degrees 
of  rank  were  gradually  established.  The  title 
dariasiiwus^  originally  common  to  the  whole 
order,  had  been  by  the  time  of  Justinian  re- 
stricted to  the  lowest  class  within  it,  and  above 
the  clarissinu  stood  the  spectabUes^  and  highest 
of  all  the  illuatren:  a  classification  which  was 
based  entirely  on  the  scale  of  precedence  esta- 
blished for  the  various  offices  of  state.  The 
members  of  this  order  enjoyed  certain  common 
privileges  (€.g.  the  right  of  being  tried  on  cri- 
minal charges  before  the  praefectus  urbij  and 
special  seats  at  games),  and  were  liable  to  cer- 
tain special  burdens, — a  liability  which  extended 
to  their  wives  and  children.  (See,  for  these, 
Kuhn,  Verf.  d.  tikn.  Beichs,  i.  204.)  But  of 
this  numerous  body  only  a  minority  actually  sat 
and  voted  in  the  senate-house  at  Rome  or  Con- 
stantinople, for  the  jits  sententiaey  once  the  right 
of  every  senator,  was  now  limited  to  the  highest 
class  in  the  senatorial  order,  that  of  the  iV/u^nn/ 


G36        8ENATUSC0NSULTUM 


SEN  ATUSCONSU  LTUM 


i.e.  to  the  holders  and  ex-holders  of  the  great 
offices  of  state,  including  ex-consnls,  conmUarea, 
[Mommsen,  Oatgothische  Studien,  pp.  487,  488. 
Schiller,  Qesch.  d.  Kaiserzeitj  ii.  41,  would  in- 
clude also  oonaulares  in  the  wider  and  later  use 
of  the  term  (see  Consul;  Conbularis),  but 
allows  that  the  point  is  doubtful.  Among  the 
lower  of  the  offices  which  gare  the  *' jus  sen- 
tentiae,"  ^  honorum  lege  "  (Cassiod.  Var,  v.  41), 
were  those  of  the  ^  comes  rerum  privatarum," 
the  **  quaestor  sacri  palatii,"  and  the  **  vicarius 
urbis  Romae."]  To  this  select  consistory  of  high 
officials  and  ex-officials,  all  appointed  by  the 
emperor,  were  still  entrusted  a  few  duties  which 
though  robbed  of  all  importance  served  to  con- 
nect them  with  the  great  past  of  the  senate. 
They  still  chose  the  consuUs  suffecti^  the  praetors, 
and  quaestors,— offices  of  purely  municipal  im- 
portance, but  their  choice  required  confirmation 
by  the  emperor.  They  still  passed  decrees  as  to 
the  public  games  and  the  schools  of  the  city, 
and  managed  an  aerarium  which  was  now  only 
a  city  chest.  On  rare  occasions  the  emperor 
submitted  to  them  an  edict  or  constitution,  or 
entrusted  to  them  the  trial  of  a  case  of  treason. 
But  nothing  more  clearly  shows  how  low  this 
later  senate  had  fallen  than  the  &ct  that  the 
official  president  at  its  meetings,  who  kept  the 
senatorial  roll,  admitted  new  members,  and  sub- 
mitted its  decisions  to  the  emperor,  was  not  one 
of  the  consuls,  but  the  imperial  prefect  of  the 
city.  (See,for  the  senate  of  this  period,  Cxf.  Theod. 
VI. ;  iVbo.  Jtut,  62  ;  Kuhn,  Verf.  d,  rOm,  BeichSj 
i.  174-226;  Schiller,  Gesch,  d.  KaiaerxeU^  ii. 
36-43 ;  Mommsen,  Ostgothiache  Studien,  pp. 
485-493 ;  L^rivain,  Ze  S^hat  Somam  depuis 
JJiociaim,  Paris,  1888.)  [H.  F.  P.] 

SBNATUSC0N8ULTUM.  The  powers  of 
the  senate  have  been  described  in  the  preceding 
article  (pp.  631-635),  and  it  has  been  seen  that 
the  senatusconsultum  under  the  Republic  ex- 
pressed the  advice  of  the  senate  to  the  magis- 
trate who  sought  advice :  the  carrying  out  of 
the  resolution  so  expressed  rested  with  the 
magistrate :  the  reference  to  the  senate  was  a 
matter  of  custom,  not  of  definite  obligation. 
The  binding  character  of  the  advice  embodied 
in  the  SC.  not  only  varied  according  to  the 
strength  or  weakness  of  the  magistrate  (though 
a  condict  was  rare),  but  was  greater  at  certain 
periods  (for  which  see  p.  632),  when  the  ad- 
ministrative power  left  in  the  hands  of  the  senate 
gave  to  its  resolutions  much  greater  weight 
than  mere  advice  would  seem  to  have ;  and  with 
the  change  of  the  constitution  under  Augustus 
(see  pp.  634,  635),  legislation  by  the  emperor 
through  the  senate,  as  expressed  in  SC*,  super- 
seded the  older  practice  of  enacting  leges  and 
plebiscita  in  the  Clomitia,  and  continued  for  about 
two  centuries.  Hence  senatusconsulta  came 
themselves  to  be  termed  leges  (Gains,  i.  83-86), 
though  Gaius  (i.  4)  indicates  the  constitutional 
controversy :  **  Senatusconsultum  est  quod  sena- 
tus  jubet  atque  constituit:  idque  legis  vicem 
obtinet,  quamvis  fuerit  quae>siium"  But  we 
must  guard  against  any  such  idea  of  their  legis' 
lative  force  for  republican  times,  and  must  cer- 
tainly reject  the  view  of  Theophilus  {Faraphr. 
Inat,  i.  5)  that  even  after  the  Lex  Hortensia 
SC*  had  the  force  of  law. 

The  senatusconsultum  differed  from  the  lex 
partly  in  its  scope,  but  especially  in  its  effect.  | 


As  regards  its  scope,  it  concerned  chiefly  ad- 
ministration, and  only  exceptionally  attempted 
to  regulate  public  and  private  rights,  as  for 
instance  debts  (Liv.  xxxv.  7;  Cic  o^  Att.  v.  21, 
13).  As  regards  its  effect,  whether  its  object 
was  administrative  or  partook  of  the  legislative 
character,  as  in  the  exceptional  cases  alluded  to, 
still  it  was  not  law,  for  its  execution  depended 
on  the  will  of  the  magistrate.  It  u  true  that 
it  was  not  as  transitory  in  historical  times  as  in 
the  early  period  mentioned  by  Dionysius  (ix.  37 ; 
see  Mommsen,  Staatar.  iii.  987);  for,  if  the  magis- 
trate neglected  to  execute  it,  it  remained  valid 
for  the  next  year  and  until  the  senate  repealed 
it  [Willems  however  thinks  that  a  fresh  relatio 
was  needed,  and  cites  Liv.  xlii.  10 ;  Cic.  in  Pis. 
2,  4]:  but  if  it  became  the  direction  for  the 
succeeding  magistrate,  it  equally  depended  on 
his  will,  and  if  SO  were  to  be  naade  obligatory 
they  were  transformed  into  laws  by  a  rogatio 
(cf.  (}ic.  act  iit^  i.  18,  3 ;  pio  Jf«r.  32,  67  ;  Liv. 
xxxix.  19).  The  Lex  (Cornelia  of  B.a  67,  **  ne 
quis  nisi  per  populum  legibus  solveretor  "  [Lex, 
p.  406],  is  sometimes  adduced  as  a  proof  of 
previous  legislative  power  in  the  SC.  which  could 
dispense  from  the  action  of  the  law:  but  this 
dispensation  without  the  sanction  of  the  people 
had  been  a  usurpation  by  the  senate  and  was 
checked  by  the  above-mentioned  law.  It  waa, 
as  Willems  remarks  {Le  SAutt^  ii.  117),  not 
exercised  till  after  the  time  of  the  Gracchi  (cf. 
Liv.  X.  13,  xxxi.  50;  Ep,  Ivi.).  Again,  the 
cases  of  a  resolution  ^populum  ea  lege  noa 
teneri,"  or  **  placere  legem  abrogari,"  alluded  to 
in  Cicero  (de  Legg,  ii  6,  14 ;  fr.  Com,  §11; 
Phil.  V.  4, 10,  xiL  5,  12 ;  d^  Dom,  16, 41),  are  not 
a  repeal  of  laws  by  the  senate,  but  merely  a 
declaration  that  the  law  in  quMtion  was  never 
rightly  passed,  either  because  it  contradicted  an 
existing  law,  or  as  contra  auspidaj  and  therefore 
to  be  referred  to  the  augurs  (cf.  Cic  tn  Vai,  6, 
14).  As  regards  Uie  effect  of  a  senatuscon- 
sultum on  the  magistrate,  the  obligation  to  carry 
it  out  was  moral,  not  legal;  yet  it  must  be 
noticed  that  the  senate  coald  bring  certain  in- 
fluences to  bear  on  the  magistrate,  who  either 
neglected  to  consult  them  man  wnajontmy  or, 
having  consulted,  refused  to  execute  the  resolu- 
tion. They  might  in  the  earlier  period  appoint 
a  dictator ;  they  might  invoke  the  interference 
of  the  tribunes  (liv.  xUL  21),  and  a  plebiscitum 
might  follow ;  they  might  inconvenience  him  by 
refusing  to  entertain  any  other  matters  until 
thU  was  settled  (Cic  m  Pia.  13,  29) ;  lastly, 
there  was  always  the  consciousness  that  his 
office  was  for  a  year,  theirs  for  life.  As  a  matter 
of  ih/d  conflicts  seldom  arose,  but  for  an  instance 
see  liv.  xlii.  9,  10.  The  following  instances  o( 
SC*  under  the  Republic  maybe  instructive :  a  SC. 
•<  ne  quis  in  urbe  sepeliretur ;  "  the  SC.  de  Baccha- 
nalibus,  hereafter  more  particularly  mentioned ; 
a  SC.  de  libertinorum  tribu  (Liv.  xlv.  15) ;  a  S<'. 
de  Macedonia  («&.  18);  a  SC.  relating  to  the 
costs  of  the  Ludi  Megalenses  (Gell.  ii.  24) ;  a 
SC.  **  ne  homo  immoUretur  "  (Plin.  H,  N.  xxx. 
§  12);  a  SC.  de  provinciis  Qnaestoriis;  a 
SC.  made  '<M.  Tullio  Cicerone  referente,"  to 
,the  effect  "ut  legationum  liberarum  tempus 
annuum  asset ;"  various  SC*  de  coUegtis  dissol- 
vendis ;  an  old  SC.  "  ne  liceret  Africanai  (heatias) 
in  Italiam  advehere,"  which  was  so  far  repealed 
by  a  plebiscitum  proposed  by  Cu.  Anfidioa,  tr. 


SENATUSCONSULTUM 


SENATU8C0NSULTUM    637 


pi.,  that  the  importation  for  the  purpose  of  the 
Oircenses)  was  made  legal  (Plin.  B,  N,  viii.  §  64) ; 
and  an  old  SC.  by  which  '*  quaeatio  (senrorum) 
in  caput  domini  prohibebatnr  "  (Tac.  Ann,  ii.  30), 
a  rule  of  law  whose  foundation  Cicero  {pro 
MUon.  22,  59)  refers  to  majores.  The  general 
character  of  these  senatusconsulta  shows  that, 
though  not  equivalent  to  laws  under  the  Repub- 
lic, thej  exercised  a  control  in  matters  which 
concerned  administration,  the  maintenance  of  re- 
ligion, the  rights  of  the  Aerarium  and  the  Pub- 
licani,  and  the  treatment  of  the  Italians  and 
Provincials  (cf.  Liv.  zxvi.  34 ;  zxzix.  3  ;  zli.  9). 

The  resolutions  of  the  senate  were  called  con" 
9ti/to,  because  the  magistrate  (Consul,  Tribune, 
or  Praetor)  summoned  it  to  consult  upon  some 
special  matter  which  he  wished  to  lay  before  it 
{referrtf  relaiio) :  thus  in  the  SC.  de  Bacchana- 
libus  we  have  ^  Marcius  L.  F.  S.  Postumius  L.  F. 
Coa  ^natum  consoluerunt,'*  and  in  the  SC.  de 
Philosophis  et  de  Rhetoribus  (Gell.  zv.  11)  the 
Praetor  '*  oonsuluit."  In  the  enacting  part  of  a 
lex  thepopulus  was  sMjvUbere,  and  in  a  plebi- 
scitum  scire;  but  in  senatnsconsulta  the  senate 
is  usually  said  cenaere  (e.g.  "ita  ezdeicendum 
censuere,"  SC.  de  Bacch.),  though  in  ordinary 
language  decemere  is  used  of  it  {e,g,  Cic.  ad 
Fam.  viii.  8 ;  ad  Aft,  i.  19),  and  the  words 
decretum  and  aenatvuconsultwn  are  often  used 
indiscriminately  and  with  little  precision  (Gell. 
ii.  24:  cf.  Aelius  Callus  op.  Fest.  s.  v«  senatua 
derretum,  and  the  article  on  DECRETtm).  On 
this  point  see  also  Mommsen,  Staatsrechty  iii. 
994  ffl ;  B.  Pick,  de  SenatueconsultiSf  ch.  i.  (Ber- 
lin, 1884).  The  view  of  Herr  Pick,  that  the 
clause  of  the  SC.  which  conveyed  the  actual 
resolution  was  sometimes  distinguished  as  the 
iiecrctum,  explains  Fest.  p.  339. 

For  the  procedure  in  consulting  the  senate  and 
obtaining  the  resolutions  thence  called  senatus- 
consttlta,  see  Senatus,'  §  v.  The  resolution  was 
not  reduced  to  writing  until  it  had  been  voted 
(cf.  Cic.  Cat  iii.  6,  13).  It  was  written  down 
{jperscriptvmy  less  often  scnp^tim)  in  the  place  of 
meeting  soon  after  the  vote,  always  on  the  same 
day,  by  the  teniae.  The  presiding  magistrate 
retained  witnesses  for  the  draft  to  prevent 
fraudulent  misrepresentation  (Cic.  Phil,  v.  4, 
12;  cuf  Att.  iv.  8).  These  were  usually  the 
avctor  aententiaef  some  of  the  supporters  of  the 
rote,  or  in  the  case  of  a  complimentary  vote  the 
friends  of  the  person  honoux^  (Cic.  ad  Fam,  zv. 
6,  2).  The  phrase  ezpressing  the  witnesses  is 
Bcribendo  adfverunt  (SC.  ARF.  in  the  de  Baccha- 
natibus),  in  Greek  versions  ypai^fi4y^  iro^o-oy. 
It  is  a  mistake  to  suppose  that  the  witnesses  were 
called  '*  auctoritates."  In  the  passage  relied 
on  (CSc.  ad  Fam.  viii.  8)  the  preliminary  words 
(which  Hommsen,  St,  iii.  1008,  needlessly  dis- 
credits), SC,  AuctoritateSy  are  descriptive  of  the 
two  classes  of  resolutions  which  follow:  the 
first  is  a  senatnsconsultum,  the  others  are 
auctoritates,  since  there  was  an  intercessio 
against  them.  It  is  natural  and  easy  to  give  the 
same  meaning  to  the  word  in  Cic.  de  Or.  iii.  2, 5. 
[For  the  tezt  of  the  former  passage,  see  Tyrrell 
and*  Purser,  ad  loc^  critical  note.] 

The  form  in  which  the  resolution  was  drafted  is 
as  follows :  1  (often  omitted).  SC.  (or  auctoritas, 
aa  the  case  might  be).  2  (up  to  B.a  47).  The 
prae$criptiOy  **ienatum  oonsuluity**  with  name 
of  the  rtiator.    3.  The  date.    4.  The  place  of 


assembly,  e.g.  'Mn  aede  ApoUinis.'*  5.  The 
witnesses,  **  scribendo  adfuerunt."  6.  The  relatioj 
as  a  preamble,  **  quod  verba  fecit "  so  and  so. 
7.  The  decree  ^  d.  e.  r,  i.  c."  (de  ea  re  ita  cen- 
suerunt)  '*  uti,'*  &c. ;  to  this  might  be  added  the 
reason  "  cum  ita  se  res  habeat."  After  the  time 
of  Augustus  the  number  of  senators  was  added. 
The  document  oft«n  concludes  with  C.  or  '*  cen- 
suere."  On  the  authority  of  Val.  Maz.  ii.  2,  7, 
some  (as  B.  Pick,  de  Senatusconaultis,  p.  21)  hold 
that  the  tribune  affized  the  letter  T  to  the  reso- 
lution against  which  there  was  no  intercession, 
when  it  was  drafted  and  about  to  be  deposited 
in  the  tabularium ;  and,  on  that  theory,  the 
disputed  letters  in  Cic.  ad  Fam,  viii.  8,  5, 
might  be  TR ;  but  Mommsen  takes  them  to  re- 
present C^ensucre'],  referring  to  the  senators,  and 
this  is  boi-ne  out  by  the  fact  that  in  Greek  ver- 
sions we  find  ISo^cy  so  placed.  The  view  of 
Willems  (op.  cit,)  seems  probable,  that  when  the 
SC.  was  not  voted  as  a  whole  in  one  disoessio, 
but  each  clause  {particular  Fest.  p.  339)  sepa- 
rately, we  find  *'  censuere  '*  or  ISo^cy  at  the  end 
of  each  clause  on  which  a  vote  was  taken  ;  but 
when  it  was  voted  as  a  whole,  the  words  d.  e.  r.  i. 
c  sufficed.  Lastly,  if  it  was  necessary  to  obtain  a 
law,  a  clause  was  added,  "  ut  de  ea  re  ad  populum 
ferretur  "  (Cic.  ad  Fam,  viii.  8,  5).  [For  the 
custody  of  the  document,  see  Tabularium,  and 
Senatus,  p.  6306.]  As  regards  the  title  of  the 
SC.  it  was  named  in  reference  to  its  contents, 
'*  SC.  de  Bacchanalibus,'*  '*  SC.  ne  quia  in  urbe 
sepeliretur,"  &c. ;  it  was  never  named  after  the 
relator  until  the  imperial  period  (see  ezamples 
below) ;  the  SC.  Sempronianum  in  Cic.  ad  Fam. 
zii.  29  is  probably =SC.  de  Sempronio. 

A  measure  which  it  was  proposed  to  submit 
to  the  senate  might  be  stopped  by  the  intercessio 
of  a  tribune,  who  could  put  a  veto  on  the  relatio 
(Polyb.  vi.  16)  :  and  not  only  tribunes,  but  any 
magistrate  of  higher  or  equal  rank  with  the 
referenSf  might  ezercise  the  right  of  intercessio 
at  the  voting  (Varro  ap.  Gell.  ziv.  7,  6;  Cic. 
de  Legg.  iii.  3,  10),  and,  though  they  could  not 
prevent  the  resolution  from  being  carried  (Val. 
Maz.  ii.  2,  7  ;  Tac  Hist,  iv.  9 ;  Cic  ck^  Fam,  z. 
12, 3),  might  deprive  it  for  the  present  of  admin- 
istrative force.  A  proposal  so  carried,  and  in- 
validated by  intercessio,  was  called  **  senatus 
auctoritas  "  (a  term  which  is  also  loosely  usec^  to 
deA6te  Any  expression  of  opinion  by  a  majority 
of  the  senate,  whether  it  became  a  senatus- 
consultum  or  not,  Cic  de  Legg.  ii.  15,  37;  de 
Orat,  iii.  2,  6;  ad  Fam,  i.  2,  7,  viii.  8).  In  Livy 
the  technical  distinction  disappears  (see  Momm- 
sen, St.  iii.  1033).  [For  the  totally  different 
patrum  attctoritaSy  see  p.  631.]  It  was  formally 
drawn  up  and  recorded,  in  the  hope  that,  thereto 
being  subsequently.  lemoved,  it  might  acquire 
valiaity  by  reference  back  to  and  confirmation  by 
the  senate,  but  without  being  rediscussed  (cf. 
the  clause  in  the  SC*  in  Cic.  ad  Fam,  viii.  8 : 
**St  quis  huic  SO"  intercessisset,  senatui  plaoera 
auctoritatem  perscribi  et  de  ea  re  ad  hunc 
ordinem  referri ; "  compare  also  ad  Fam,  i.  2,  4 ; 
i.  7,  4;  ad  Att.  iv.  16,  6;  Dio  Cass.  Iv.  3). 
This  right  of  intercessio  belonged  to  the  tribunes 
against  one  another,  the  consuls^  and  praetors; 
and  to  consuls  against  one  another  and  the 
praetors,  but  not  against  the  tribunes :  but  in 
the  later  period  of  the  republican  history  it 
seems  to  have  been  ezercised  by  tribunes  only. 


/ 


638 


SENATUSCONSULTUM 


SENATUSCONSULTUM 


If  the  SC.  referred  to  Latin-speaking  communi- 
ties, nothing  beyond  the  original  wording  was 
required ;  but  if  it  referred  to  Greeks,  a  version 
in  Greek  was  made.  The  style  shows  that  it 
was  translated  in  a  conventional  form  at  Rome 
and  sent  to  Greece  or  elsewhere :  no  pains  are 
taken  to  turn  such  Latinisms  as  4y  Kofivrt^  irph 
^fitp&y  cirra  tHui&y  *Oicr»/3(«y.  Of  the  S(> 
which  are  known  to  us  of  the  republican  period, 
some  have  come  down  in  the  original  form. 
They  may  be  classed  (following  Willems)  as  1. 
Those  of  which  the  Latin  text  remains,  wholly 
or  in  part,  engraved  in  bronze:  fragment  of  de 
BaccfiancUibuaf  in  a  letter  of  the  consuls  ''ad 
Teuranos,"  B.a  186  (C. .  /.  Z.  i.  43) :  part  of 
SC.  de  Tiburtibus,  in  a  letter  written  by  the 
praetor  to  the  Tiburtes  (C.  /.  X.  i.  201) ;  the 
date  of  this,  as  Mommsen  finally  decides,  is  B.C. 
159,  and  consequently  Niebuhr  erred  in  making 
it  the  oldest  document :  fragment  of  the  Latin 
text  of  the  de  Aaclepiade,  b.o.  87  (C.  /.  Z.  L  111). 

2.  The  Greek  engraved  versions :  fragment  of  the 
de  DeipMsj  b.c.  198 — the  oldest  existing  SC. — 
(Le  Bas,  8526) :  SC.,  or  rather  two  SC*.  de  Thisbis, 
11.C.  170  {Ephenu  Epig.  i.  278,  ii.  102):  a  frag- 
ment de  Prienensibus  et  ScuniiSj  B.G.  135  (Le  Bas- 
Waddington,  95, 196) ;  the  Greek  text  de  Asclepio 
((7.  I.  i.  112);  a  fragment  de  Aphrodisiensibiis, 
B.C.  56  (Le  Bas-Waddington,  1627);  de  Strata- 
nicensHms^  B.C.  39  {BulL  Corr.  Hell.  1887,  225). 

3.  Latin  texts  or  Greek  versions  preserved  in 
literature :  SC.  de  philosophis  et  rhetoribus,  B.C. 
161  (Suet.  Rhet,  i. ;  Gell.  xv.  11) ;  dc  hastis 
Martiis,  B.C.  99  (GelL  iv.  6) ;  de  provinciis  con- 
sularilms  (Cic.  ad  Ibm.  viiL  8);  three  SC*  de 
JudaeiSy  dated  B.C.  139,  133,  44  (Joseph.  Ant. 
xiv.  8,  xiii.  9,  xiv.  10).  Besides  this  we  have 
SC  about  aqueducts  in  Frontinus,  book  ii.,  and 
various  others  preserved  in  more  or  less  the 
original  form  in  the  Digest.    [G.  L.]  [G.  E.  M.] 

The  following  list  of  lenatusconsuita  con- 
tains, perhaps,  all  of  them  which  are  dis- 
tinguished by  the  personal  name  of  a  consul  or 
other  magistrate.  Numerous  SC*  passed  under 
the  Empire  are  referred  to  in  the  Latin  writers, 
for  which  we  find  no  distinctive  name,  though 
it  is  probable  that,  like  Leges,  they  all  had  a 
title ;  but  many  of  them,  being  of  little  import- 
ance, were  not  much  cited  or  referred  to,  and 
thus  their  names  were  forgotten.  Tacitus,  for 
instance,  often  speaks  of  SC*  without  giving  their 
names,  though  in  some  cases  we  are  able  to  affix 
the  titles  from  other  authorities. 

Afinianum  :  mentioned  in  Cod.  8,  48,  10,  3 ; 
Inst.  iii.  1,  14  (where  some  of  the  MSS.  read 
Sabinianum,  Papiniannm,  and  Fabianum).  Ac- 
cording to  the  paraphrase  of  Theophilus,  it 
enacted  that  when  a  man  gave  one  of  three 
sons  in  adoption  the  pater  adoptans  should  be 
bound  to  leave  the  adopted  son  at  least  a  fourth 
of  his  property. 

Apronianuh  :  probably  passed  in  the  time  of 
Hadrian;  it  enables  civitates  (t.^.  municipal 
corporations)  to  take  an  hereditas  bv  way  of 
fideicommissum  (Dig.  36,  1,  26;  cf.  Ulpian, 
Beg.  22,  5).  In  the  same  passage  Ulpian  says 
that  civitates  had  been  enabled  by  a  senatus- 
consultum  to  be  directly  instituted  heirs  by 
their  freedmen  (cf.  Dig.  38,  3,  1,  1).  Both 
enactments  were  occasioned  by  the  want  of 
testamentifactio  in  civitates,  as  being  incertae 
personae  (DlpUn,  I.  c;   Pliny,  Sp.  v.  7);  but  | 


there  does  not  seem  to  be  any  ground  for 
supposing  them  to  be  one  single  senatnsconsul- 
tum.  By  construction  they  were  held  to  entitle 
municipal  corporations  instituted  as  heirs  to 
demand  bonorum  possessio  secundum  tabulaa(JA%. 
38,  3,  1, 1).  Nerva  made  it  lawful  for  them  to 
take  legacies  (Ulpian,  Reg.  24,  28),  a  right  ex- 
tended to  lawful  collegia  by  a  senatuaoonsoltum 
under  Marcus  Aurelius  (Dig.  34,  5,  20). 

Articuleianum  (a.d.  101)  enabled  provincial 
governors  to  declare  a  slave  free  to  whom  liberty 
had  been  bequeathed  by  a  fideicommissum  when 
the  master  was  domiciled  in  a  different  provinoe 
(Dig.  40,  5,  51,  7). 

De  BACxmANALiBUB  (B.C.  186):  discovered  on 
a  bronze  tablet,  which  is  now  at  Vienna,  in 
Calabria,  A.o.  1640.  The  text  is  given  by 
Mommsen,  C  Z  Z.  i.  No.  196,  and  in  facsimile 
in  the  first  volume  of  the  inscriptions  edited  by 
the  Royal  Prussian  Academy,  1862,  Tab.  xviiL 
Its  main  enactment  was  the  prohibition  of  the 
Bacchanalia  throughout  all  Italy  (Liv.  xxxix.  18): 
see  the  article  on  Baoohanalia,  YoL  I.  p.  265. 
Bynkershoek  has  written  a  treatise  on  this  SC. 
(de  Culta  Religtonis  peregrmae  apvd  veterem 
BomanoSy  Opusc.  i.  412),  with  which  may  be 
compared  Senatusoonaulti  de  Bacchanaldms^  isc. 
ExplicatiOf  auctore  Matthaeo  Aegjrptio,  Neapol. 
1729,  and  Lewald,  de  Beligionibus  peregrinis  apud 
veteresBomanospaulaiimlntroductiSy  Heidelberg, 
1844.  There  appears  to  be  no  ancient  authority 
for  the  name  Marcianum  sometimes  given  to  this 
SC.,  for,  though  this  might  have  been  its  proper 
title  if  it  had  been  named  after  one  of  the 
consuls  of  the  year,  that  practice,  as  we  have 
seen,  first  came  in  under  the  Empire. 

Calvitianuv:  passed  under  Nero,  and  con- 
firming the  SC.  Persidannm  (q.  o.)  against  a 
presumption  based  on  a  senatusoonsultum  of 
Claudius.  It  enacted  that  neither  a  man  under 
sixty  years  of  age,  nor  a  woman  over  fifty,  who 
intermarried  with  one  another,  should  be  relieved 
from  the  disabilities  of  caelibatus:  see  Julia 
ET  Papia  Poppaea  Lex  (Ulpian,  Reg.  16,  3; 
Suet.  Claudiusy  23;  PUn.  J^.  viii.  28;  Cod. 
5,  4,  27). 

Clauoianxtx  :  this  enactment,  passed  by  the 
Emperor  Claudius  Ajy.  52,  introduced  certain 
exceptions  to  the  rule  of  the  Jus  Gentium,  that 
the  status  of  children  is  determined  by  that 
of  their  mother,  after  referring  to  which  Gains 
says  (i.  83),  "We  must  observe,  however, 
whether  the  law  of  nations  in  any  given  instance 
is  overruled  by  a  statute  or  ordinance  having  the 
authority  of  a  statute.**  These  exceptions  of  the 
SC.  Claudiannm  (in  addition  to  two  others  stated 
by  Ulpian,  Beg.  5,  8)  are  three  in  number : — 

(1)  If  a  female  citizen  of  Rome  cohabited  or 
had  intercourse  with  a  servus  alienus  with  the 
consent  of  the  latter's  master,  the  children  bom 
of  the  connexion  were  to  be  slaves  and  the 
property  of  the  father's  owner,  though  by 
agreement  with  tae  latter  she  could  remain 
free  herself:  such  agreement,  it  would  seem, 
might  be  inferred  from  the  master's  not  giving 
her  the  notice  referred  to  under  (3)  below.  Hiis 
exception  was  repealed  by  Hadrian  as  "  inelegans,** 
who  "  restituit  juris  gentium  regulam,  ut  cum 
ipsa  mulier  libera  permaneat,  libemm  pariat  ** 
(Gains,  i.  84).  It  appears,  however,  from 
Tac.  Awn.  xii.  53,  and  PauL  SenL  Rec  iv.  10,  1, 
that  the  woman  herself  was  degraded  firom  the 


8ENATUSG0NSULTUM 


8ENATUSC0NSULTUM   639 


status  of  ingcnua  (if  she  were  freebom)  to  that 
of  liberta.  Perhaps  we  should  connect  with 
this  the  anomalous  rule,  stated  in  the  Codex 
Theodosianus  (iy.  9,  3),  that  children  of  a  free 
woman  by  a  seryus  fiscal  is  were  bom  Latini. 

(2)  The  children  of  a  free  man  hj  a  slaye 
woman  whom  he  believed  to  be  free,  were  to 
bo  freebom  if  males,  slaves  and  the  property  of 
the  mother's  master  if  females.  This  exception, 
a^aio,  was  repealed  as  meleffans,  and  the  rule  of 
the  Jus  Gentium  restored,  by  Vespasian  (Gains, 
1.85). 

(3)  If  a  free  woman  cohabited  with  a  servus 
alieuua  (known  to  her  to  be  such)  without  the 
master's  sanction  to  the  connexion,  and  persisted 
in  the  interoourae  after  a  notice  (denunctatkl) 
thrice  repeated  to  her  to  withdraw  by  the 
master  (or  his  tutor,  curator,  or  agent,  and 
eyen  without  any  such  notice  if  the  slave 
belonged  to  a  municipal  corporation),  the  master 
could  have  h^  adjudged  to  himself  as  a  slaye 
by  the  magistrate,  along  with  the  children  bom 
of  the  intercourse,  whether  before  or  after  this 
adjudication.  Her  property  passed  with  her  by 
a  universal  succession  [SuoCESBio]  (Paul.  Sent. 
Hoc.  vL  21a;  Gains,  i.  86>  This  part  of  the 
senatusoonsultum  was  first  repealed  by  Jus- 
tinian, as  **  indignum  nostris  temporibus  **  (Inst, 
iii.  12,  1 ;  Cod.  7,  24).  It  appears  from  Gains 
(i.  91)  that  some  jurists  went  so  far  as  to  main- 
tain tliat  if  a  woman,  being  pregnant,  was 
reduoed  to  slayery  under  the  senatusoonsultum, 
tb«  child  became  a  slave  on  birth,  even  though 
actually  conceived  in  civil  wedlock  (justia 
iMftptns);  but  this  opinion  was  counter  to  the 
rule  stated  by  Gains  (i.  88,  92),  Ulpian  (Seg, 
5,  10),  and  Keratins  in  Dig.  50,  1,  9,  that 
children  born  of  juatae  nuptiae  took  the  status 
of  the  father  at  the  time  of  conception. 

There  b  some  doubt  whether  the  last  two 
exeeptioDs  (so  far  as  relates  to  the  status  of  the 
children)  were  established  by  the  SC.  Claudianum 
or  by  some  statute  whose  name  is  unknown  to 
us.  The  latter  riew  is  supported  by  Rein, 
Buschke,  and  Bethmann-HoUweg,  on  account  of 
Oalns'  language  in  i.  85,  86,  where  he  says, 
**ex  lege  ....  sed  ilia  pars  ejusdem  leffts."  In 
the  earlier  editions  of  this  work  this  unknown 
statute  was  assumed  to  be  the  Lex  Aelia  Sentia, 
which,  however,  does  not  seem  to  haye  dealt 
with  the  children  bom  of  intercourse  between 
free  persons  and  slaves,  but  rather  with  the 
subjection  to  patria  potestas  of  children  bom  of 
marriage  between  ciyes  and  Latinae  or  peregrinae, 
after  errwia  causae  probatio  (Gains,  i.  65,  75). 
But  there  seems  to  be  more  reason  in  the  view 
of  Ziramera  and  Rudorff,  who  held  that  the 
term  lex  is  in  these  paragraphs  loosely  used  by 
Gains  as  synonymous  with  senatusoonsultum, 
and  it  is  difficult  to  belieye  that  the  rules  stated 
under  (1)  and  (3)  were  not  established  by  the 
same  enactment. 

There  are  other  senatusconsulta  named  after 
the  Emperor  Claudius,  in  particular  one  which 
exempted  from  the  disabilities  of  caelibatus  men 
over  nxty  who  married  wives  under  fifty  years 
of  age  (ulpian,  Be*f.  16,  3;  Suet.  Claud.  23): 
poeaibly  also  his  enactments  relating  to  *'  reiro- 
catio  libertorum  in  servitutem  "  and  bestowing 
freedom  on  slaves  abandoned  by  their  masters 
<Suet.  ib.  ^)  were  made  through  the  senate. 
Upon  these  leas  known  senatusconsulta  of  Clau- 


dius, see  Jo.  Aagusti  Bachii  Historia  Jurispni' 
dentiae  Romanae. 

De  Collusionb  Detegexda  :  passed  in  the 
time  of  Domitian  to  restrain  fraudulent  acquisi- 
tion of  the  status  of  ingenuitas  by  collusion 
between  masters  and  slaves,  patrons  and  freed- 
men  (Dig.  40,  16,  1;  ib.  4).  It  is  sometimes 
called  the  SC.  Junianum. 

Dasumianuh:  passed  under  Trajan,  and 
enabling  the  magistrates  to  declare  free  slayes 
to  whom  liberty  had  been  bequeathed  by 
fideioommissum,  but  whose  masters  were  pre- 
yented  from  performing  the  act  of  manumission 
by  absence  on  reasonable  grounds :  in  thiH  case 
the  master  was  to  be  patronus  (Dig.  40,  5,  22,  2 ; 
*.  36,  pr. ;  ib.  51,  4-6;  cf.  Rudorff  in  Savigny's 
Zeitachrifty  xii.  pp.  307-311,  Das  Testament  des 
Daswnius). 

HADaiANi  Senatusconsulta.  Of  the  sena- 
tusconsulta made  on  the  proposal  of  Hadrian 
(e.g.  Gains,  i.  47,  ii.  285 ;  Dig.  5,  3,  20,  6,  &c.), 
and  of  which  a  considerable  number  are  enume- 
rated in  the  work  of  Bach  i  us  referred  to  at  the 
end  of  the  remarks  on  the  SC.  Claudianum,  none 
seem  to  have  been  called  by  the  name  Hadrianum. 

[See  JUVENTIANUX.] 

HosiDiANUM :  enacted  A.D.  47,  and  referred  to 
in  the  SC.  Volusianum  (see  Orelli's  Inscnptioncs^ 
No.  3115).  It  appears  to  have  prohibited,  under 
severe  pecuniary  penalties,  the  pulling  down  of 
houses  in  order  to  sell  the  site  for  more  than 
one  gave  for  it,  or  to  make  money  in  other  ways, 
and  is  well  explained  by  Bachofen,  Ausgew. 
Lehreny  pp.  185-227. 

JUNCIANUM  (A.D.  182)  related  to  the  manu- 
mission of  slaves  belonging  to  other  persons  than 
the  testator,  to  whom  the  latter  had  bequeathed 
liberty  by  a  fideioommissum  (Dig.  40,  5,  28,  4  ; 
ib.  51,  8 ;  cf.  Zimmem,  Qeackickte  des  rimisohcn 
Frivatrechts,  i.  §  203). 

Junianum  (Dig.  40,  16).     [See  De  Collu- 

SIONE  DETEGENDA.  ]  * 

JuTENTiANUM  is  the  title  given  by  civilians 
to  the  senatusoonsultum  passed  at  the  instance 
of  Hadrian  (a.d.  129)  after  the  name  of  one 
of  the  four  consuls  (two  orijiinarii  and  two 
suffecti)  mentioned  in  connexion  with  it  in  Dig. 
5,  3,  20,  6 ;  but  the  real  proposal  seems  to  have 
come  from  the  consoles  suflfecti,  who  wereTitius 
Aufidius  and  Oenus  Severianus.  It  enacted  that 
hereditatis  petitio  should  lie  for  the  recoyery 
not  merely  of  res  hereditariae  from  those  in 
whose  possession  they  were,  but  for  restitution 
of  fruits  and  accessions,  and  of  any  gain  which  a 
possessor,  whether  in  good  or  In  bad  faith,  had 
made  thereby  (e.g.  by  the  sale  of  a  res  here- 
ditaria) :  in  net,  its  main  object  seems  to  have 
been  to  settle  some  old  points  of  dispute  re- 
lating to  things  belonging  to  inheritances  which 
had  been  sold  by  persons  other  than  the  heir 
(see  Demburg,  Hereditatis  Petitio,  1852, 
p.  20  sq.):  ''post  senatusoonsultum  omne  lucrum 
auferendum  esse  bonae  fidei  possessori  quam  prae- 
doni  dicendum  est,"  Dig.  5,  3,  28.  Another 
result  of  the  enactment  was  to  make  usucapio 
pro  herede  reyocable  by  the  heir  [Usucapio: 
cf.  Gains,  ii.  57 ;  Cod.  3,  31,  7].  Hereditatis 
petitio  (to  the  article  on  which  reference  should 
be  made)  thus  became  a  species  of  "mixed" 
action ;  originally  ^  in  rem/*  it  now  lay  for 
**  praestationes  personales**  as  well  as  for  the 
recovery  of  property :  cf.  Cod.  3,  31,  12,  3. 


640 


SENA  TUS0ON8ULTUM 


SENATUSCONSULTUM 


Labgianum  regulated  the  succession  to  the 
property  of  Latin!  Jnniani  by  providing  that 
where  the  actual  manumitter  was  dead  it 
should  not  go  necessarily  to  his  heres,  but  to 
such  of  his  children  as  were  not  expressly  dis- 
inherited by  him :  "  eo  SO  actum  esse,  ut  manu- 
missoris  liberi,  qui  nominatim  ezheredati  non 
sint,  praeferantur  extraneis  heredibus "  (Gains, 
iii.  64-71;  Inst.  iii.  7,  4;  Cod.  7,  G,  pr.  and 
12  ;  Nov.  78 :  cf,  Patboxus).  The  date  some- 
times assigned  to  this  senatusconsultum  (a.d. 
42)  is  wrong ;  for,  though  a  Largus  was  consul 
in  that  year,  his  colleague  was  not  called  Lupus. 
It  must  necessarily  fall  later  than  the  Lex 
Junia  Norbana,  generally  supposed  to  hare  been 
enacted  A.o.  19,  and  not  later  than  the  death  of 
the  jurist  Cassius  (Qains,  iii.  71),  who  was 
consul  in  A.D.  29. 

LiBONiANUM  (A.D.  16) :  enacted  that  where  a 
man's  will  was  written  out  for  him  by  another 
person,  any  disposition  which  it  contained  in 
the  latter's  favour  should  be  void  and  taken 
pro  non  scripto :  for  illustrations,  see  Dig.  48, 
10,  6, 1  and  2 ;  ib.  22, 7, 6  and  7 ;  Dig.  26, 2,  29. 
It  was  added  by  an  edict  of  the  Emperor 
Claudius  that  such  person  should,  in  addition, 
incur  the  penalties  of  the  Lex  Cornelia  de  falsis, 
though  this  provision  is  ascribed  to  the  senatus- 
consultum itself  in  the  Collatio  Leg.  Mos,  et  Rom. 
yiii.  7,  1  (Dig.  48,  10,  15,  pr.).  See  Fauum  ; 
and  Dig.  48,  10 ;  Cod.  9,  23 ;  Suet.  Nero,  3. 

Dk  Ludis  Saecularibub  (b.c.  18).  See 
Gruter,  Inscr,  p.  326,  and  Haubold  (Spangen- 
berg),  Monumenta  LegcUia^  p.  163. 

Mackjx>nianum  :  passed  according  to  Tadtus 
{Ann.  xi«  13)  under  Claudius,  according  to 
Suetonius  {Vesp.  11)  under  Vespasian,  and 
enacting  that  no  action  should  lie  on  a  loan  of 
money  made  to  a  filiusfamilias.  It  seems,  how- 
ever, that  the  praetor  was  in  the  habit  of 
granting  an  action  where  the  facts  were  doubt- 
ful, leaving  the  defendant,  if  he  could  prove  his 
title  to  the  benefit  of  the  law,  to  repel  the 
plaintiff  by  exceptio  SC^  Macedonian!.  Theo- 
philus  says  that  the  name  of  the  enactment  was 
derived  from  one  Macedo,  who  committed  the 
crime  of  parricide  in  order  to  extricate  himself 
from  his  pecuniary  embarrassments,  a  story  to 
which  some  colour  is  lent  by  Inst.  iv.  7,  7 ;  but 
other  writers  affirm  that  Macedo  was  a  notorious 
money-lender  and  usurer,  though  Dig.  14,  G,  1, 
which  is  commonly  cited  in  support  of  this, 
makes  more  for  the  derivation  of  Theophilus. 
The  SC.  related  to  no  contracts  except  pecuniary 
loans,  and  to  these  it  applied  eyen  though  veiled 
beneath  some  other  transaction,  such  as  a  loan 
of  wine  which  the  borrower  immediately  con- 
verted into  money  by  sale  (Dig.  14,  6,  7,  3); 
and  the  rank  or  age  of  the  filiusfamilias  by 
whom  the  money  was  borrowed  was  immaterial 
(Dig.  t6.  2).  Such  loans,  however,  were  not 
declared  void  by  the  law,  so  that  the  '^  natural " 
duty  [Obuoatio]  to  repay  it  remained;  and 
if  payment  was  actually  made,  the  condictio 
indebiti  was  excluded,  unless  made  by  the  son 
with  money  of  the  father's. 

There  were  certain  aisds  in  which  the  opera- 
tion of  the  SC.  was  excluded:  as  where  the 
filiusfamilias  was  a  soldier  at  the  time  of 
borrowing  the  money  (Cod.  4,  28,  7,  1),  or  had 
a  peculium  castrense  or  quasi  castrense  of  his 
own  (Dig.   14,  6,  2)^  or  ratified  the  contract 


after  becoming  stu  jwrU  (Cod.  4,  28,  2) ;  or  if 
the  lender  had  reason  to  believe  the  filios&nailias 
to  be  indei>endent  (Dig.  14,  6,  3,  pr.  and  1). 
Even  the  father  could  be  sued  if  be  had  assent^l 
to  the  loan  either  expressly  or  by  implication, 
or  had  subsequently  ratified  it  (Cod.  4,  28,  2 ; 
ib,  7,  pr.),  or  so  far  as  the  money  had  been 
expended  in  his  interest  ("in  rem  patris 
versum,"  Dig.  14,  6,  7,  12  and  13),  (Dig.  14,6; 
Cod.  4,  28;  Inst.  ir.  7,  7;  Paul,  Sent.  Bee.  ii. 
10 ;  Loebenstem,  de  8C*,  ifooedloniiano,  Marburg, 
1828 ;  Dietzel,  Iku  SC.  Macedonktmtm,  I^ipzig, 
1856.) 

Memxianum;  the  name  usually  giren  to  a 
senatusconsultum  passed  in  the  time  of  Nero  to 
prevent  evasion  of  the  disabilities  of  orbitas 
[Julia  et  Papia  Poppaea  Lex],  by  adopting  a 
child  and  then  emancipating  him  immmiiaiely 
the  inheritance  or  legacy  had  been  acquired. 
It  appears  from  Tacitus  {Ann.  xr.  19)  that  the 
same  device  was  resorted  to  in  order  to  escape 
public  burdens  {eg.  tutela :  see  Inst.  i.  25,  pr.), 
and  that  this  also  was  in  future  put  a  atop  to 
by  this  enactment — ^^  ne  simulata  adoptio  in  nlla 
parte  muneris  public!  juraret.*' 

Nbronianux  de  Leoatib  (Gaius,  iL  197, 
212,  218,  220;  Ulpian,  Beg.  24,  11*;  Froffm. 
Vat.  85).    [See  Leoatuh.] 

Nebonianum  (Paul.  Sent.  Bee.  iii.  5,  5):  also 
called  Claudianum  (Dig.  29,  .5,  Ruhr.)  and 
Pisonianum  (Dig.  ib.  8,  pr.),  because  enacted  in 
the  consulship  of  Nero  and  L.  Calpumiua  Piso, 
A.D.  57.  Among  its  provisions  Tacitus  {Atui, 
xiii.  32)  states  the  following :  **  Ut  si  quia  a&uis 
servis  interfectus  esset,  ii  quoque,  qui  testa- 
mento  manumissi  sub  eodem  tecto  mansiasent, 
inter  servos  supplicia  penderent :"  to  which 
Paulus  adds  {Sent,  Bee.  iii.  5,  5  and  6X  "  fed 
et  hi  torquentur,  qui  cum  occiso  in  itioere 
fuerunt,"  and  ^^  ut  occisa  uxore  etiam  de  Hunilia 
viri  quaestio  habeatur,  idemque  ut  juxta  nxoris 
familiam  observetur,  si  vir  dicatur  occisns."  In 
Dig.  29,  5,  8,  pr.,  we  find  the  further  proiision, 
"ut  si  poenae  obnoxiua  servus  renisset,  quan- 
doque  animadversum  in  eum  esset,  renditor 
pretium  praestaret,  ne  emptori  injnriam  fecisse 
videatur  senatus." 

ORFiTiAifUM :  passed  under  M.  Aurelins  and 
Commodus,  perhaps  A.D.  178  (Ulpian,  Beg. 
26,  7;  Capitolinus,  Marc.  11),  and  relating  to 
the  right  of  children  to  succeed  to  the  property 
of  their  mother  on  her  decease  intestate.  Under 
the  law  of  the  Twelve  Tables  they  were  ex- 
cluded, as  a  woman  could  have  no  am  kerede^ 
and  in  the  sole  case  in  which  they  were  her 
agnates  {\.e.  where  she  was  in  matM  mariti)  she, 
as  a  rule,  could  leave  no  property  to  inherit. 
By  the  praetorian  bonorum  possessio  the  child- 
ren were  admitted  next  in  succession  to  agnates 
(Gains,  iii.  30X  but  by  this  senatusconsultum 
they  were  preferred  even  to  the  latter,  and  m 
succeeded  in  the  first  rank,  though,  if  the  mother 
had  been  a  freed  woman,  the  patron  was  entitled 
to  a  share  equal  to  that  taken  by  eadi  child 
(Dig.  38,  17,  1,  9>  The  illegitimacy  of  the 
children  was  immaterial  (Dig.  16.  1, 2  ;  Inst.  iii. 
4,  3),  nor  was  their  right  to  succeed  affected  by 
their  undergoing  capita  deminntio  minima 
(Inst.  ib.  2;  Dig.  %b.  1,  8>  It  is  uncertain 
whether  the  Senatusconsultum  Qzfitianam 
referred  to  by  Paulus  {Sent.  Bee.  ir.  14,  1)  is  the 
same  enactment.    This  explained  the  rule  of  the 


8ENATUS00NSULTUM 


SENATUSCONSULTUM    641 


Lex  Fttfia  Canlnia,  that  slaves  could  be  manii- 
xnitted  in  a  will  only  hj  name  (nouiinaim),  by 
allowing  the  same  effect  to  an  unmistakable 
description  :  *'  officiorum  enim  et  artium  appel- 
latio  nihil  de  significatione  nominnm  mutat,  nisi 
forte  plures  slot,  qni  eo  officio  designentur." 
(Inst.  iiL  4 ;  Dig.  S8,  17 ;  Cod.  6,  57  ;  IJlpian, 
Seg,  26,  7 ;  Paul.  Sent.  Rec,  iv.  10.) 

PsOASiANUM :  passed  under  Vespasian,  perhaps 
in  A.D.  73  (Gaius,  ii.  254-259 ;  Inst.  iii.  23,  5 
xmd  6 ;  Ulpian,  Rog.  25,  14-16).  Its  principal 
provisions  are  noticed  under  Fidbicx>]1HI88um 
and  Leoatuk.  Another  part  of  it  (or  possibly 
a  different  senatosconsnltum  passed  by  the  same 
consuls  Pegasus  and  Pusio)  modified  the  Lex 
Aelia  Sentia  in  reference'  to  the  capacity  of  a 
Latinos  Junianns  to  become  a  ciWs  (Gaius, 
1.31). 

Pebsiciakuh:  passed  under  Tiberius,  a.d.  34. 
It  took  away  the  exemption  from  the  penalties 
of  caelibatus,  without  exception,  from  all  males 
over  sixty  and  all  females  over  fifty  years  of 
age,  who  appear  till  then  not  to  have  been 
snbject  to  the  rules  of  the  Lex  Julia  et  Papia 
Poppaea  on  this  subject;  Suet.  Claudius,  23; 
Ulpian,  Beg.  16,  3  (where  the  reading  is  Pemi- 
ctanum). 

PiSONIANUX.      [NeBONIANUM.] 

Plancianxtm  :  assigned  by  some  writers  to  the 
time  of  Vespasian,  and  making  an  addition  to  a 
rule  of  law  either  contained  in  the  Lex  Julia 
et  Papia  Poppaea,  or  grafted  upon  it  by  con- 
struction or  some  amending  enactment,  that 
any  fideicommissum  which  a  heres  or  legatarius 
bound  himself  by  a  written  instrument  or  in 
any  other  secret  mode  to  pay  or  give  to  a  person 
who  was  legally  incapacitated  from  taking  it 
shoold  be  forfeited  to  the  fiscus  (Dig.  30,  103  r 
34^  9,  10  and  18;  49,  14,  3).  Such  a  fidei- 
commissum  was  called  **  tacitum,"  and  was  said 
to  be  'Mn  frandem  legis,"  as  designed  to  evade 
the  statute ;  but  if  the  promise  to  execute  the 
trust  was  made  openly  {jjaiam.  Dig.  49,  14,  3), 
there  was  no  fraua;  and  though  the  fidei- 
commissum  would  fail  by  reason  of  the  in- 
capacity of  the  fideicommissarius  to  take  it,  the 
rights  of  the  fiscus  would  not  necessarily 
attach,  other  persons  benefited  by  the  will 
being  preferred  in  such  a  case  of  lapse.  It 
would  seem  that,  even  where  a  "  tacit "  trust 
had  been  undertaken,  the*  fiduciarius  was 
entitled  to  retain  his  quarta  under  the  SC. 
Pegasianum  [FiDEiooMMmuM] ;  but  the  SC. 
Planciannm  altered  this  by  denying  him  the 
quarta,  and  also  disabled  the  i^udulent  fidu- 
ciarius from  claiming  the  fideicommissum  as 
ccuhicwnj  which  he  could  naturally  have  done  if 
he  had  children  [Lboatux;  Bona  Caduca]: 
Ulpian,  JUg.  25,  17 ;  cf.  Dig.  34,  9,  11 ;  35,  2, 
59  (where  the  name  of  the  senatusconsultum  is 
given,  and  where  it  is  added  that  the  fourth 
thus  forfeited  was  given  to  the  fiscus  by  a 
rescript  of  Antoninus  Pius).  The  penalty  for 
the  fraud  applied  only  to  that  part  of  the 
property  to  which  the  fraud  itself  extended ; 
and  if  the  heres  had  a  larger  share  in  the  in- 
heritance than  the  property  tainted  with  the 
fraud,  he  had  the  benefit  of  the  Lex  Falcidia  (or 
more  precisely,  of  the  SC.  Pegasianum)  in 
respect  of  the  residue :  or,  as  it  is  expressed  by 
Papinian  (Dig.  34^  9,  11),  *<sed  et  si  major 
modus  institationis  quam  foaudis  fuerit  quod  ad 
VOL.  n. 


Falcidiam  attinet,  de  superfine  quarta  reti- 
nebitur." 

There  was  a  senatusconsultum  which  enabled 
a  woman  who  had  been  divorced  to  establish  the 
status  of  her  child,  even  though  yet  unborn,  by 
a  judicial  denunciatio  addressed  to  the  father 
within  thirty  days  of  the  divorce,  and  which  by 
some  writers  (e.g.  Bethmann-Hollweg,  Civii 
Process,  ii.  p.  341 ;  and  Windscheid,  Lehrbuch 
des  PandektenrechtSf  ii.  §  520,  note  5)  is  called 
Planciannm  ;  but  there  seems  to  be  no  authority 
for  this  in  the  passages  (Dig.  25,  3,  1,  1  and  12) 
to  which  they  refer. 

RuBRiANUH  :  enacted  ctrc.  A.D.  101,  and  em- 
powering the  magistrate  to  declare  free  slaves 
to  whom  liberty  had  been  bequeathed  by  fidei- 
commissum,  but  whose  masters  attempted  to 
evade  the  obligation  to  manumit  them  by 
absence  (Dig.  40,  5,  26,  7  sqq. :  cf.  Savigny,  Ze^- 
schrift,  &c.  xii.  pp.  307-311). 

Sabinianum.    [Afikianum.] 

SiLANiAKUK.  The  first  senatusconsultum 
whidh  we  definitely  know  to  have  been  entitled 
after  its  proposer,  was  passed  under  Augustus, 
probably  a.d.  10,  in  the  consulship  of  P. 
Cornelius  Dolabella  and  C.  Junius  Silanus.  In 
a  way  it  made  slaves  answerable  for  their 
roasters'  lires,  by  providing  that,  where  a  man 
was  murdered,  all  his  slaves  who  were  in  the 
house  with  him  at  the  time,  or  with  him  else- 
where, should  be  examined  under  torture  as  to 
the  perpetrators  and  counsellors  of  the  crime, 
and  then  put  to  death  for  not  having  rendered 
him  assistance  (Dig.  29,  5, 1,  pr.  and  «;. ;  i^.  6 ; 
— Paul.  Sent,  Rec.  iii.  5,  passim).  It  would 
seem  from  Tacitus  {Awa.  xiv.  42,  in  his  note  on 
which  Lipsius  refers  to  Cicero,  ad  Fam,  iv.  12) 
that  this  was  merely  an  old  usage  which  the 
senatusconsultum  made  compulsory  in  all  cases 
of  murder ;  but  slaves  who  were  under  the  age 
of  puberty  did  not  fall  under  the  enactment,  by 
which,  too,  freedom  was  bestowed  as  a  reward  on 
any  slave  who  discovered  his  master's  murderer 
(Dig.  40,  8,  5;  38,  2,  4,  pr. ;  38,  16,  3,  4; 
Cod.  7,  13,  1).  It  was  further  provided  that,  in 
all  cases  where  it  wa»  suspected  that  a  man  had 
been  murdered  by  persons  belonging  to  his  own 
establishment,  acceptance  of  the  inheritance 
before  the  examination  of  the  slaves  should  cause 
its  forfeiture  to  the  fiscus  from  the  heres  as 
indignus  (Paul.  Sent.  Rec.  iii.  5,  1,  2  and  10 ; — 
Dig.  29,  5,  3,  29 ;  t6.  5,  2 ;— Cod.  6,  35,  3) :  the 
same  penalty  attached  to  merely  opening  the 
will,  or  applying  for  the  bonorum  poesessio,  and 
a  heavy  fine  was  inflicted  in  addition.  A 
senatusconsultum  passed  in  the  consulship  of 
Taurus  and  Lepidus  (a.d.  11)  enacted  that  the 
penalty  for  opening  the  will  of  a  murdered 
person  could  not  be  inflicted  after  the  lapse  of 
five  years,  unless  it  was  a  case  of  parricide,  to 
which  this  temporis  praescriptio  did  not  apply 
(PauL  Sent.  Rec.  iii.  5 ;  Dig.  29,  5 ;  Cod.  6,  35). 

TEBTULLiAinTif :  stated  by  Justinian  (Inst, 
iii.  3,  2)  to  have  been  passed  under  Hacbian, 
but  in  reality  enacted  in  the  reign  of  An- 
toninus Pius,  who  succeeded  Hadrian  A.2X  138, 
and  was  himself  succeeded  by  M.  Aureliua, 
A.D.  161 :  its  precise  date  seems  to  havo  been 
A.D.  158  (Zonaras,  xiL  1).  It  related  to  the 
succession  of  children,  on  their  dying  intestate, 
by  the  mother,  who  had  no  right  to  inherit  by 
the  Twelve  Tables,  and  whose  position  was  only 

2   : 


642 


SENATUSCONSULTUM 


SENATUSCONSULTUM 


partially  improved  in  this  respect  by  the 
Edict  (which  gave  her  a  title  among  cognates, 
postponing  her  to  all  agnati)  and  the  Lex 
Julia  et  Papia  Poppaea.  By  this  senatuscon- 
saltum  she  became  entitled  to  succeed  her 
issue  intestate  if,  being  freebom,  she  had  three, 
or  being  libertina  she  had  four  children  (Paul. 
Sent,  Bee.  iv.  9 ;  Ulpian,  £eg,  26,  8 ;  Inst.  iii. 
3,  2) ;  but  she  was  postponed  to  children  of 
the  deceased  (Inst.  ib.  3 ;  Dig.  38,  17,  2,  9 ; 
—Cod.  6,  67,  I,  4;  6,  55,  II),  to  the  father 
(Ulpian,  loc.  cit.),  and  to  the  frater  consan- 
guineus  (Inst,  ib.) ;  while  other  relations  were 
allowed  a  certain  share  in  the  inheritance 
with  her  (Inst,  and  Ulpian,  //.  oc.).  Justinian 
(Inst.  i6.  4)  did  away  with  the  necessity  of  the 
jus  liberonun  as  a  title  to  the  benefits  of  this 
enactment,  and  also  with  the  deductions  made 
in  favour  of  other  relations ;  he  preferred  the 
mother  to  all  other  persons  having  a  statutory 
title  (legitimi),  except  that  brothers  and  sisters 
of  the  deceased  shared  the  inheritance  with  her : 
if  there  were  brothers  only,  or  brothers  and 
sisters,  it  was  divided  in  equal  shares  between 
them  and  her;  if  sisters  only,  she  and  they 
took  in  moieties.  By  Nov.  22,  47,  he  modified 
the  rule  last  stated,  enacting  that  even  where 
there  were  sisters  only  the  division  should  be 
in  capittL  As  under  the  SC.  Orfitianuii,  the 
rights  of  the  mother  were  not  affected  by  her 
undergoing  capitis  deminutio  minima,  or  by  the 
illegitimacy  of  the  deceased  child. 

Xrebellianum  :  circ,  a.d.  62.  Its  provisions 
are  described  under  Fideioommibbum.  (Qaius, 
ii.  253-258;  Inst.  ii.  23,  4  8q.\  Ulpian,  Seg. 
14-16 ;  Paul.  Sent  Bee.  iv.  2 ;  Dig.  36,  1 ;  Cod. 
6,  49.) 

TuRPiLiANUH :  enacted  under  Nero,  probably 
in  A.IX  61,  for  the  purpose  of  preventing  prae- 
varicatio,  the  fraudulent  or  collusive  abandon- 
ment of  a  criminal  charge  once  preferred.  The 
penalty  is  described  by  Tacitus  (Ann,  xiv.  41) : 
**qui  talem  operam  emptitasset  vendidissetve, 
perinde  poena  teneretur  ac  publico  judido 
calumniae  [Caluxnia]  condemnatus."  [Dig. 
38,  2,  14,  2 ;  47,  15,  3,  3  ;  48,  16  (ad  Senatus- 
consultum  Turpilianum) ;    Cod.  9,   45  (ad  SC. 

Turp.).] 

De  Usufbuctu  earum  rerum  quae  usu  con- 
sumuntur  [Ususfructub]. 

Velleianuh:  enacted  according  to  Ulpian 
(in  Dig.  16,  1,  2,  1)  in  the  consulship  of  M. 
^ilanus  and  Velleius  Tutor.  There  was  a 
M.  Silanus  consul  with  Valerius  Asiaticus  in 
A.D.  46  (Dio  Cass.  Ix.  27),  and  one  of  the  same 
name  with  L.  Norbanus  Balbus  in  A.D.  19  (Tac. 
Ann,  ii.  59)  :  if  a  Velleius  Tutor  was  consul  at 
all  with  a  Silanus,  it  was  with  L.  Junius  Si- 
'lanus  in  A.D.  27  ;  but  this  would  seem  to  be 
too  early  for  this  senatusconsultum,  which, 
from  Ulpian's  language  in  the  Digest,  cannot 
well  be  placed  before  the  reign  of  Claudius,  so 
that  if  any  date  must  be  assigned  to  it  the  first 
of  those  given  is  apparently  the  most  probable. 
It  provided  that  no  action  should  lie  upon  any 
contract  of  suretyship  entered  into  by  a  woman 
as  protmssor ;  at  any  rate  this  was  its  main 
effect,  as  interpreted  by  responsa  of  the  jurists 
And  imperial  constitutions  (Dig.  16,  1,  1,  pr. ;  ib, 
2,  4).  It  would  seem,  however,  to  have  been 
the  common  practice  (as  in  the  case  of  the  SC. 
Macedonianum)  for  the  praetor  to  grant  the 


action  where  there  was  any  doubt  as  to  tb« 
facts  of  the  case,  leaving  the  defendAnt  U» 
protect  herself  by  a  plea  (exceptid)  based  on  the 
senatusconsultum,  which  is  frequently  men- 
tioned in  the  texts,  and  which  could  be  pleadeii 
against  execution  even  after  judgment  had  been 
delivered  adversely  to  the  woman  (Dig.  14,  6, 
11).  Unlike  the  SC.  Macedonianum,  this  enact- 
ment did  not  allow  of  the  creation  of  even  a 
**  natural  "  obligation  by  the  contracts  again&t 
which  it  was  directed ;  so  that,  if  a  woman  paid 
the  debt  of  another  person  for  which  she  had 
made  herself  answerable  in  ignorance  of  her 
rights  under  the  senatusconsultum,  she  could 
recover  the  money  back  by  conaUdio  indebiU 
(Dig.  12,  6,  40,  pr.).  There  were,  however,  a 
variety  of  cases  in  which  she  was  disentitled  to 
the  protection  of  this  enactment :  e.g,  where 
she  had  been  guilty  of  db/t»  towards  the  cre- 
ditor (Dig.  16,  1,  2,  3);  where  the  latter  had 
no  reason  to  believe  the  surety  to  be  a  woman 
(Dig.  t6.  12);  where  the  guarantee  was  given 
for  valuable  consideration  (Cod.  4,  29,  23,  pr.), 
or  for  a  liability  which  practically  was  the 
woman's  own;  or  where  the  creditor  was  a 
minor,  and  the  principal  debtor  ioaolvent  (Dig. 
4,  4,  12). 

As  to  the  history  of  the  principle  expressed 
in  the  senatascousultum,  there  are  two  views. 
According  to  one,  which  is  supported  by  the 
actual  terms  of  the  enactment  preserved  in  the 
Digest  C*tametsi  ante  vidctur  ita  jus  dictum 
esse,  ne  eo  nomine  ab  his  petitio  neve  in  eas 
actio  detur,  cum  eas  virilibus  officiis  fungi  et 
ejus  generis  obligationibus  obstringi  noa  sit 
aequum,"  Dig.  16,  1,  2),  women  had  been  for- 
bidden to  become  sureties  for  other  persons 
even  by  the  old  Jus  Civile,  whose  rules  on  thi« 
subject  had  ceased  to  be  operative,  and  were 
merely  re-enacted  by  the  senatusconsultum ; 
according  to  the  other,  the  law  was  no  older 
than  edicts  of  Augostus  and  Claudius,  pro- 
hibiting wives  from  becoming  answerable  for 
the  debts  of  their  husbands  (Dig.  16,  1,  2,  pr.X 
and  the  greater  stringency  and  extent  of  the 
senatusconsultum  were  due  to  the  reckleasnesa 
with  which  women,  after  Claudius  had  abolished 
the  tutela  legitima  of  agnati  over  them,  exer- 
cised their  rights  of  administering  and  disposing 
of  their  property  on  behalf  of  other  persona. 

[Dig.  16,  1;  C6d.  4,  29;  Bachofen*  Dom 
Velleianische  SenatusconwltfAuagemUtlte  Lekrtn^ 
pp.  1-58 ;  Hellfeld,  de  Interonskme  i/Wteru:;}  ei 
SenatusoonsiUto  Velleiano  (Op.  Min.  No.  4); 
Vangerow,  Lehrbuch  der  Pandektoit  §  581 :  see 
also  the  article  on  Iiitescessio.] 

Vitbabianum:  by  some  writers  assigned  to 
the  reign  of  Vespasian,  by  others  to  thai  of 
Hadrian;  but  without  any  very  substantial 
reason  in  either  case:  it  provided  that  if  the 
owner  of  a  slave  to  whom  a  third  person  had 
bequeathed  freedom  of  fideicommissom  was  an 
infans,  and  so  unable  to  manumit,  the  act 
might  be  performed  on  his  behalf  by  the  praetor 
(Dig.  40,  5,  30,  6). 

VoLnsiANUM  (A.D.  56) :  penalising  the  pulling 
down  of  houses  for  the  sake  of  profit  (Dig.  18, 
1,  52  ;  Orelli,  Inacript.  No.  3115 :  of.  SC.  Hosi- 
dianum).  Tacitus  {Awn.  xiii.  28)  mentions  a 
senatusconsultum  passed  in  this  year,  and  pre- 
sumably entitled  after  the  consuls  (Q.  Volusios 
Satuminus    and    P.  Comeliui  ScipioX  which 


SENIOKES 


SEPULCRUM 


643 


limited  the  powers  of  the  aediles  in  respect  of 
takin;;;   pi^roora  and  inflicting  fines.      Another 
SC.    Volusianum,   mentioned  in  Dig.  48,  7,  6, 
contained  a  rule  similar  to  the  English  law  of 
ohamperty,  that  persons  who  joined  in  the  snit 
of  another,  with  the  bargain  that  thej  should 
>hare   with  him  the  damages  awarded  by  the 
oondemnatio,  should  incur  the  penalties  of  the 
Li>x  Julia  de  vi  prirata.        [G.  L]     [J.  B.  H.] 
SENIO'BES.    [ComriA,  Vol.  I.  p.  505.] 
SEPTA.    rCoMiTiA,  Vol.  I.  p.  507,] 
SEPTXMONTIUM.    [Sacra,  p.  578.] 
SEPTUNX.    [As.] 

8£PUIX)BUM.  —  I.    Greek.      Sepulchral 
chambers   cut  in  the  rock   are  found    at   all 
periods   and  in  all  parts  of  the  Greek   world. 
The  so-called  ''prison  of  Socrates"  at  Athens 
is  a  well-known  example  of  this  kind  of  grave 
(Cortitts,  Ati(xs  von  Athen,  vii.  4).    The  form  and 
arrangement  of  these  rock-cnt  tombs  are  very 
various.      They-  consist  sometimes  of  a  single 
chamber,  sometimes  of  an  assemblage  of  cham- 
bers forming  a  small  catacomb.     Generally  one 
or  more  shelves  are  cat  in  the  rock,  at  the  side 
of  each  chamber,  for  the  reception  of  the  bodies, 
and  for  the  vases  and  other  objects  which  are 
placed  beside  them.     (For  accounts  of  rock-cut 
graves  in  Cypms,  at  and  near  Paphos,  /.  ff.  S. 
[jfjumai  of  HeUenic  Stvtdies^  1888,  p.  264  ff. ; 
at  Rhodes,  Ross,  Arch,  Ztg.  1850,  p.  209 ;  at 
Selinns  in  Sicily,  Cavallari,  B\dlet,  SicU.  v.  1872, 
p.    10  ff. ;   in   Karpathos,  Bent,  J,   H.   8,  vi. 
•236.) 

In  the  greater  part  of  the  Hellenic  world 
rock-tombs  are  rather  the  exception  than  the 
rule,  and  were  probably  a  luxury  of  the  rich ; 
but  in  Asia  Minor,  and  especisily  in  Phrygia 
and  Lyda,  they  are  found  in  enormous  numbers, 
and  often  of  elaborate  and  ornate  kinds. 

(1)  The  commonest  type  of  ornate  rock-tomb 
in  Lycia  is  a  very  close  imitation  of  a  wooden 
<itructure,  in  which  a  framework  of  beams,  the 
intervening  spaces    being   filled    with    wooden 
panels,  supports  a   flat   roof   with    projecting 
eaves.    The  minutest  details  of  wood-construc- 
tion are  reproduced  in  stone.     Sometimes  the 
fnvsde  only  of  such  a  house  is  cut  in  a  wall  of 
rock  ;  sometimes  it  stands  ooinerwise,  with  two 
>ides  free ;  sometimes  it  is  attached  to  the  rock 
at  the  back   only ;    and  sometimes   it    stands 
entirely  free  (Benndorf  and  Niemann,  Beiaen  in 
Lyfaen  und  Karien,  p.  95  ff.).     The  interior  con- 
sists of  a  small  low  chamber,  generally  furnished 
with  three  stone  couches  upon  which  to  place 
the  bodies.     In  some  caws  a  pointed  arch  is 
found  above  the  flat  roof,  similar  to  that  which 
forms  the  top  of  the  sarcophagus  tombs  (see 
below).    In  the  later  examples  the  whole  facade 
is  grvlnally  assimilsted  to  the  typical  fa9ade  of 
orthodox  Greek  architecture,  with  columns  and 
architrsve.    The  pointed  arch  then  becomes  con- 
verted into  a  pediment. 

(2)  The  sarcophagus  tombs  are  very  numerous. 
Benndorf  estimates  that  there  are  some  two 
thousand  of  them  in  Lycia.  The  following 
woodcut  of  a  tomb  at  Antiphellus,  taken  from 
Fellows'  Excursion  in  A&ia  Minor,  p.  219,  gives 
s  typicsl  example ;  and  two  specimens  may  be 
«een  in  the  British  Museum. 

In  the  earlier  examples  the  peculiarities  of 
wood  -  construction  are  very  closely  followed. 
The  sKhed  covering  seems  to  represent  a  tent> 


like  erection  upon  the  flat  roof  of  the  house. 
As  in  the  case  of  the  rock-t^mbs  already  men- 
tioned, there  is  some  assimilation  to  ordinary 
Greek  architecture  in  the  later  examples.    This 


Tomb  in  Lyda. 

assimilation  has  been  carried  some  way  in  the 
tomb  represented  in  the  woodcut. 

(3)  Tombs  in  the  shape  of  a  high  square 
column  or  pedestal,  with  a  projecting  cornice 
at  the  top,  are  found  at  Xanthos  and  elsewhere. 
Benndorf  (op,  cit,  p.  108)  enumerates  eleven  of 
them.  The  best  known  example  is  the  *'  Harpy 
Tomb  " — ^the  sculptures  from  which  are  now  in 
the  British  Museum  (Excursion  in  Asia.  Minor, 
pp.  126,  231  ff. ;  Discoveries  in  Lycia,  p.  168  ff.). 

In  Phrygia  many  rock-tombs  are  found.  In 
some  cases  the  fa9ade  is  architectural  in  cha- 
racter, and  ornamented  with  geometrical  patterns 
(as  the  <<  Midas "  tomb ;  Ramsay,  J.  H,  8,  ix. 
380;  Perrot  and  Chipiez,  Histoire  de  FArt  dans 
rAntiquiW,  v.  p.  82,  pi.  48) ;  in  other  cases  the 
ornament  is  sculptural,  as  at  the  '*  Lion  Tomb  '* 
and  the  "  Broken  Lion  Tomb  "  (/.  If.  8.  ix.  361, 
363,  368,  &C.  For  Phrygian  tombs,  see  Ramsay, 
J.  H.  8,  iu.  1,  256,  V.  241,  is.  39O,  x.  147  ;  and 
Perrot  and  Chipiez,  op,  cit.  pp.  61-147). 

Large  temple-tombs  or  hcroa  are  found  in 
various  parts  of  Asia  Minor.  A  central  chamber 
stands  upon  a  high  basis  or  podium,  and  is  sur- 
rounded by  a  colonnade.  The  '*  Nereid  Monu- 
ment" at  Xanthus  was  of  this  type,  and  was 
probably  sepulchral.  A  somewhat  similar  tomb 
at  Mylasa  in  Caria  is  represented  by  Fellows 
(Discoveries  in  Lycia,  p.  76).  This  type  found 
its  highest  development  in  the  Mausoleum  at 
Halicarnassns  in  Caria  [Mausoleum],  which 
was  so  widely  celebrated  in  the  ancient  world 
that  the  word  Mausoleum  was  used  by  the 
Romans  in  the  meaning  of  a  splendid  tomb. 
Large  stone  or  marble  structures  of  this  type 
are  seldom  found  in  Greece  proper ;  perhaps  to 
some  extent  on  account  of  the  sumptuary  laws, 
which  restrained  expenditure  upon  monuments. 
Thus,  at  Athens,  it  was  provided  by  one  of 
Solon's  laws  that  no  one  should  erect  a  monu- 
ment which  could  not  be  completed  by  ten  men 
in  the  course  of  three  days;   and   Demetrius 

2  T  2 


644 

Phaleit 


SEPULCBCM 


1  forbade  the  ereutioD  of  uij  fn 
mononieat  more  than  three  cablt«  io  h' 
(Cic.  ifc  I^g.  il.  28.  66). 

An  earl;  ind  very  renurkabla  form  of  tomb 
is  that  kaown  u  the  bee-hiTe.  or  domed  tomb. 
The  beet  koowu  eiajuple  of  this  type  i>  the  lo- 
called  "TresBDiy  of  Atreui"  at  Mjcenoe, 
which  ia  shown  in  uctioD  and  plan  below.  A 
larg*  circular  chamber  is  built  of  connee  of 
■tones,  whicb  gradiult;  orerlap  until  thef 
meet  at  the  apei,  so  us  to  form  a  dome-shaped 
building,  bat  not  a  true  dome.  The  space  for 
this  chamber  is  eicarated  in  the  aide  of  a  hill, 
so  that  the  whole  projects  rcrf  little  above  the 
lutaral  Ut«1  of  the  ground.  It  is  approached 
by  .1  ■tone-lined  paixaKe  or  tpiiios  cut  into  the 
slope  of  the  hill.  The  lintel  of  the  door  to 
which  the  Sp4iiai  leads  is  formed  of  a  lingle 
•Dormous  block  of  stone.  A  door  at  one  side  of 
tbe  domed  chamber  leads  into  the  unall  sepul- 


p.  53.) 

Other  gnns  of  a  similar  Ijpe  have  been 
found  at  Mjceaae,  and  at  many  other  places  on 
the  eastern  shores  of  Greece ;  for  example,  at 
Menidhi  (Achsmie)  (KbhJrr,  Lolling,  and 
others,  Dai  Kuppelgrab  bH  MeniH),  Spata  in 
Attica,  Orchomenos,  Nauplia,  near  the  Herseon 
in  the  neighboarhood  of  Ai^oi,  nnd  at  Volo  in 
Thes:alf.  It  seemi  probable  that  these  tombs 
represent  a  later  stags  of  the  same  ctnliintion 
which  produced  the  grares  eicayated  by  Dr. 
Rchliemun  upon  Ihe  Acropolis  at  Mycenae; 
but  It  is  impossible  here  to  discusa  the  quratinns 
which   arise   la   connsiion  with   them.      (For 


SEPULOBUS 

references  to  literature  upon  the  inbject,  n* 
Helbig,  I.  c.) 

The  Donnal  form  of  Greek  grave  may  be  coa- 
■idered  to  b«  a  hole  or  trench  in  tbe  gronsJ. 
whether  dag  In  earth  or  cat  in  rock.  Theic 
are  generally  found  in  groape ;  forming,  in  fad. 

monnment ;  and  they  contain  many  objacti 
beaidci  the  body.    We  have  therefore  to  couiiiti 

(1)  the  pcaition  in  which  gravea  were  placed : 

(2)  the  form  of  the  grave;  (3)  the  monnment 
placed  above  the  grave  ;  (4)  the  conteaU  of  tlie 
grave. 

I.  Plact  i>f  Biriai—ln  tbe  earliest  times  it 
was  the  cnstom,  in  Attica  at  any  rate,  for  the 
dead  to  be  buried  in  their  own  honacs  (Plat 
ifinoi,  315  D);  and  tracea  of  graves  iuidt 
houses  have  been  found  at  Athena  (Coitigii. 
Atba  ran  Athen,  p.  19).  At  Hycenae  the  veri 
early  graves  excavated  by  Dr.  Schliemani  an 
within  the  circnit  of  the  dtwlel  walls;  and  >l 
certain  places  the  buri^  of  the  dead  within  lb 
city  wns  not  forbidden  in  historical  times;  atll 
Sparta  (Pint.  Zyc.  27  :  [Lyeurgus]  ir  rf  wiXn 
eirrtir  roit  rttpoit  ml  irAilffior  fx*"  " 
firitiirra  tAw  Itpmr  olm  4iiAXm\  Htgiti 
(PaUB.  i.  43,  3),' and  Tarentum  (Polyb.  liii.  30> 
As  a  general  rnle,  however,  the  plaoes  of  burial 
were  outside  the  city  walls,  and  frequeDtly  by 
the  side  of  roads  and  near  the  gate*  of  the  city. 
Thus  at  Athens  the  place  of  bnrisl  for  th«  'bu 
had  fallen  in  war  was  the  outer  Kerameibtt. 
oatside  the  Dipylon  gate,  on  the  road  leadiig  to 
the  Academia  (Thuc.  ii.  34  ;  Aristoph.  At.  SH: 
Pans.  L  29,  4) ;  and  the  common  place  of  buiil 
was   outside   the    Itonian   Qt.lt,  near  the  md 


tils  was  strictly  forbiiUa 
3).  At  Tanagra  the  tdiub< 
ent  town  ;  the  Ihlve  chief 
the  E.,  N„  and  8.  (Hso.- 
souUiei,  Quomodo  Kpuicm  Tanagran  ilimn>- 
Terinl,  p.  3),  and  the  groups  of  tombs  duefli 
cluster  round  the  roads  (it.  p.  69). 

2.  I%e  Farms  of  Oram.— At  the  Necroptlii 
of  Myrina,  far  the  commoneat  form  of  grare  Ku 
an  oblong  trench  cut  in  the  tub,  correapaDdlBfiB 
siia  with  the  body  to  be  buried.  Thia  somrtima 
had  u  coveriag  of  stone  plaquei,  bnt  often  wu 
merely  filled  in  with  earth  (Reioach  and  Pettier. 
La  S^rapolt  da  Mi/rma,  p.  59).  This  foni  of 
grave  was  also  common  at  Tanagra ;  bnt  wit 
it  was  covered,  tiles  were  used  instead  of  sitae 
plaques,  sad  the  trenches  are  for  the  most  (vl 
dag  in  the  earth,  not  cut  in  rock  (HaBasoDliier, 
op.  cit  p.  60).  At  Tanagra  ronod  |Hta,  1 1- 
6  in.  to  5  ft.  in  diameter,  t,n  also  ibiiDd.     Al 

stone  slabs.  In  Cyprus,  in  the  beighboarbon 
of  Paphos,  the  tomba  consist  almost  entirely  oi 
vaulted  chambers,  cut  in  the  rock  or  (arts, 
sometimes  with  nichea  radiating  from  a  eentnl 
chamber.  The  cut  below  shows  one  of  tbe  mere 
elaborate  rock-tombs  (/.  f.  ^  ii.  p.  364  £,  (k 
a  description  of  the  different  varieties). 

There  are  varioni  rtalements  is  inaeal 
authors  as  to  the  orientation  of  tombs  (Pis'- 
SoioH,  c.  10;  Aetian,  F.  Hitt.  v.  14;  I*«- 
Loert.  L  S,  4S);  but  in  cases  io  whid  earefol 
obiervationa  have  beao  made,  no  unifiamity  *[ 
diroction  has  been  found.  (llni'»T  -^  JtoT*" 


di    Jr,   p.  57;    Tanagn,   Hanssoullicr,  • 
p.  69 ;  LeoDUri  Vauoi,  in  Cfprut,  J.  H. 


I       3.    Outer    Adornmetit    • 

earlJMt  kind  of  inark  plucod  over  b  gntve  wts 
I  prabablj  tha  simple  lomolus.     la  later  tim«a 


l^Mjat 

''{-■''  r- 

:  ■"^^- 

■itj^fe^^ 

^d^lS?! 

-_2^j^  j  '■|j^'^^^r^ 

^H 

■M 

i^W^ 

TomtB  u  FapboL    (Caoi^.) 


3  graTe^tone  of  HHne  kind  wm  generally  let 

up.  The  shapes  of  thase  fisTe-atonea  are  ex- 
tremely TBrions.  They  are  divided  by  Koamaa- 
«adci('A*Ti«^t  Jvi^pa^al  iiririii0toi, 
f.  18  a.;  ctVoa  Sjhtl,  Diti  Sculpturm  von  Aihen, 
i.  p.  ii.  ffi)  into  the  following  clawes:— (1) 
•avricKoi.  Small  Tonnd  columns,  often  with  a 
simple  moulding  near  the  top,  below  vbich  is 
the  iuicription.  This  is  the  commonest  shape. 
(3)  wximt,  rectangular  slabs,  lying  apon  the 
ground.  (3)  rrqXoi.  [See  Stela.T  (4)  Aedi- 
aiitu  or  shrine^ahaped  itoiiea.  The  top  is 
generally  of  pedimental  fonn,  supported  by 
pilaiten  oi  free  colnnini.  The  ipace  thus  en- 
doHsd  is  filled  by  a  sculptured  repre.ientatiDn, 
in  rery  high  relief  in  the  later  eiamples.  (5) 
Mauae  (a  term  used  by  Ciceio,  apparently  for 
monomeDU  of  this  cla«).  Large  rectangular 
blocks  of  stone,  with  nichitectnral  oraament  at 
the  base  and  on  the  ramice.  (6)  Hydriu.  Large  ! 
marble  vases,  in  the  shape  of  a  lekythns,  or  of  j 
a  tall  amphora,  of  the  kind  used  for  funeral 
purpOMS  [Fojfus},  were  sometimes  set  np  as 
funenl  Bianuments.  Eustathius  (ad  11,  xiiii. 
141)  fiays  that  ToTt  vpb  yijiov  TtKivrwaiv  if 
XeirrpD^poE,  ^aalVf  i-wrriOtTO  fcct^irii,  «Ir  tv- 
Stifur  TtS  iri  fiAeuToi  t4  ru^iicci  Hal  ftyom 
irtiai.  Koumauoudes  argues  from  this  pnsiage 
that  these  mnrbU  rases  were  KovTfoipipoi,  and 
marked  the  gnires  of  unmarried  persons,  and 
confirms  his  view  by  tbe  fact  that  oat  of  171 


4.  The  ConUnh  of  th»  Grate.— It  was  tha 
uniTeriil  custom,  at  all  periods  and  in  all  parts 
of  tha  Greek  world,  to  bury  objects,  of  a  great 
variety  of  kinds  and  often  in  great  numiwrs, 
with  the  corpse.  Oar  knowledge  of  the  minor 
Greek  aria — pottery,  vaae-piinting,  jewellerv, 
tem-eotta  work,  gem-engraving,  &c. — is  almcnt 

'*   ily  due  to   this  coitom.      The  scores  of 


thoui 


nds  of  Ti 


,  ofoB 


,Bllb 


p.  lose, 


paieages,  however  (Demosth.  adv.  Leoc.  ] 
§  18 ;  Pollni,  viii.  66  ;  Harpocr.  s.  «.},  i 
itbow  that  the  Xourpo^pot  wse  a  figure  bearing 
a  vaae:  aa.  indeed,  the  formation  of  the  word 
would  indicate.  (7)  S^khi,  stone  receptacles, 
for  the  ashes  after  cremation ;  round  or  square, 
with  a  lid.  (8)  Sarcophagi.  The  word  itt^Ai)  Is 
alio  Dsed  in  a  more  general  sense  to  include 
meat  kinds  of  funeral  nonQmenta ;  and  a  fuller 
ciiuussion  of  the  artistic  omament  of  funeral 
monnmente  will  be  found  in  the  artidea  StElA 
and  SiBOOPUious. 

This  claatilicatian  of  Attic  monuments  wilt 
apply  with  little  modlGcation  to  other  parti  of 
Greece  Thui  at  Tanagra  we  find  clasaea  <1), 
(3),  (4),  and  in  addition  tombetones  in  the  shape 
of  altars  (Baussonllier,  m.  cit.  p.  15  IT,  pll. 
ii.-v.).     Altar-tombs  are  alio  common  in  Deloa. 


Mnseamj  of  turope  were,  with  few  eicep- 
Liuiii,  discoTsred  in  tombs. 

That  the  custom  goes  back  to  very  early 
times  is  shown  by  the  rich  conUnti  of  the 
Mycenaean  graves,  now  in  the  Polytechnic 
Husenm  at  Athens.  These  include  gold  and 
silver  cups  and  omamenls ;  brona  caldroni 
and  other  vesieli ;  bronie  Bword-bladei  and 
other  weapODi,  sometimes  decorated  with  inlaid 
work  of  gold  or  other  metnjs ;  and  other  objecta. 

The  objects  usually  placed  in  tombs  may  be 
thus  classified  (Im  A'itrepole  de  ityrina,  p.  105) : 
—(.i)  The  vase  which  contained  the  aihei,  if  tha 
body  had  been  burnt.  This  was  most  often  of 
pottery,  but  somelimes  of  gold,  silver,  or  other 
preeiom  material.  If  the  body  had  not  been 
burnt,  a  cofBn  was  often  used.  This  was  either 
of  wood  (as  in  some  Greek  graves  in  the  Crimea, 
Slephani,  Compfe  Kaidu,  1865,  pi.  vi,  4,  5,  p.  9; 
1866,  pll,  i.  and  ii.  p.  6ff.;  1869,  p.  177  ff. ; 
1876,  pi.  i,  p.  5  ff.),  or  of  earthenware,  or  of 
stone.  Some  forms  of  earthenware  cofiins  are 
shown  in  the  accompanying  woodcut,  taken  from 


.    (SUckelberg.) 

Stackelberg,  the  GrSxr  HeOeaen,  pi.  7.  (b> 
Objects  which  apparently  belonged  to  the  dead, 
and  were  used  by  him  when  ativa:  such  ai 
striglls,  mirron,  perfume  bottles,  needles,  &c. ; 
rings,  brooches,  uid  other  personal  omamenti, 
including  wreaths  and  diadems,  which  wera 
often  made  of  flimsy  material  for  funeral  pur- 
pose!, (s)  Vessels  intended  to  hold  meat  and 
drink  for  the  dead.  Somelimes  remains  of  food 
are  fonnd  in  these  vessels.  The  number  of  them 
is  sometimes  very  large;  in  some  tombs  at 
Myrina  as  many  as  siily  or  serenty  earthenwara 


646 


8EPULCBCM 


bottle*  iind  tmb.  were  fonnd.  (d)  Smsll  terra-  | 
cotta  figur«s.  The  reason  Tor  placlsg  theM  in 
the  tomb  haa  been  much  discussed.  (Foe  reS".  I 
to  literature  upoD  the  subjecl.  see  La  Stcrople 
de  Xyriaa,  p.  lOT,  note.)  They  are  epeciall)' 
frequent  in  Boeotia,  and  art  usually  named 
after  Tanigrn,  the  place  where  they  were  first  ' 
found  in  large  numbers.  They  ivere  aometimes 
intentionally  broken  before  being  jilaced  in  the 
tomb  (HausFoullier,  op.  cU.  p.  79).  Some  coD- 
neiioti  ma;  be  tmced  tKtveea  the  subject  re- 
preiented  and  the  owner  of  the  gmTe.  Statuettes 

mon  in  the  grares  of  women ;  male  divinities, 
as  Dionyiua,  Heracles,  Atys,  in  those  of  men; 
anit  toys  in  those  of  children  {La  S^eropote  de 
Mgrina,  p.  107 ;  TEBRi-COTr*).  (f)  Charon's 
CDJD  £ne  FuNL's].  To  these  must  be  added  n 
variety  of  roUcellaneous  objects,  such  u  en- 
graved gems,  earthenware  lamps,  small  objects 
of  bronie,  glass  bottles  and  cups,  so  far  aa  they 
■re  not  ini:ludcd  under  the  lint  c«tegory. 

[The  more  important  bix>ks    hive  been   fre- 


SBPCLCBUH 

qneotly  referred  to  in  the  eoane  of  the  artiL^ 
For  Greek  graies  in  S.  Rnsiia,  Qmiple  ^.">. 
1965,  pp.  9  S: ;  1859,  pll.  t.  and  Ti.  For  i:. 
account  of  the  graves  st  Pali  tes  Chryeoebou  -.a 
Cyprus,  aec  Journal  of  HcUmia  Sialha,  lol.  ii. 
1.  For  a  general  account  of  the  sabj«t. 
Stackelberg.  Die  QrSbrT  der  Nellaiat ;  beci,r. 
Chariklea,  4th  English  edit.,  pp.  383-40::=  ! 
Becker-Giill,  iii.  114-167  ;  Uermann-Bliiimici.  I 
Privatait.  pp.  373-3^7.  where  will  be  foati 
references  to  the  litentnn  of  the  subject,  wbi. . 

II.  iTAUiH.  Among  the  nations  of  Iui> 
the  Etrnscans  are  remarkable  for  the  care  whic.i 
they  gave  to  their  graves.  These  graves  at 
almost  always  anbteiianean.     The  more  iam|- 


sented  iu  Dennises  Etniria,  and  the  accompsoT- 
ing  woodcut  of  the  Tomb  of  t)>e  Tarquuu  il 
Cervetri  is  taken  from  that  work  (i.  242> 


wood-constructiou 


e  the 


abodes  of  the  living.     Far 

Cometo  (Micali,  Aaiichi  Mon 

aUa    Storia,   kc.    liiv.  3  ;    Baumelstcr,    Deahn.  I 

p].  xi.  663)  has  iU  roof  cut  in  the  form  of  a  I 

catmediuin  dapltaiai-aia.      In    these    tombs    the 

accompnnied  by  numerous  vases  and  other  objects  | 
(see  below).  The  vails  also  an  frequently  ' 
adorned  with  paintings,  representing  scenes  of 
the  cnlt  of  the  dead,  and  of  daily  fife,  and,  in  , 
some  of  the  late  eiamptes.  scenes  from  Greek 
mytholo^.  (Banmeister,  Deakia.  p.  512,  and 
iig>.  551,  555;  Micali, op.  ci'f.  pll.  liv.-lii.) 
"    ■  '      "         ,    10  in    Italy,    rock- 


.    the 


Eiten 


:cavations  in  .the  neighbourhood  of 
linlogna,  at  KaletiL  tnd  in  other  places,  have 
given  us  full  koowjedge  of  several  Unlian  ceme- 
teries.    The  objecli  found  iu  graves  at  Bologna 


■re  admirably  uTasged  in  the  Uuseo  Grid  ir 
that  place.  The  reanlta  obtained  from  am 
parisoQ  of  them  an,  afaorlly,  as  foUan  (t. 
Briiio,  Guida  dd  Mtiteo  Cirica  di  Baloiia)- 
The  graves  may   be  divided  into  three  claSK 

(1)  Ujnbrian.  The  graves  are  oblong,  polyfcml. 
or  square  holes  lined  with  stone.  In  eacli  t«nt' 
is  a  Urge  earthenware  vaae,  containing  the  stlf 
of  the  bnmt  body.  In  a  few  of  the  Uler  tomk 
unburnt  skeletons  are  foDnd,  but  these  are  vtn 
rare.  Arms,  knives,  and  ornaiuents  ore  found  i^ 
great  nnmbcrs ;  in  the  earlier  tombs  of  bmE  ' 
only,  in  the  later  of  iron  also.  Vases,  spisdln. 
and  whorls  of  pottery  aI»o  occur  u  gnsi 
numbers.  In  the  lat«r  tomba  a  great  tiru^' 
is  ahown  in  the  skUl  with  which  the  polKT 
Toriei  the  forma  and  adornment  of  the  nir^ 

(2)  EtniKon.  The  earliest  Etruacaa  l«"^ 
appear  to  be  of  about  the  same  date  at  the  laiei 
Umbtian:  poaaibly  of  the-6th  century  B.C.  The) 
are  distinguished  from  the  L'mbrian  Un>bs 
partly  by  the  method    of  burial,  —  two-fhird^ 


SBPULCBUM 

or  the  bwlin  are  buried  vithoot  burning,  an> 
onr-third  Dulj  are  barnt, — partly  by  the  tomb 
stonea,  often  bearing  repreientatioiu  of  Etruaca' 
Teligioiu  tceUH,  which  are  placed  abore  th 
grarea,  and  partly  bj  the  conttnts.  The  shape 
of  tha  brnnie  object!  found  are  characteristi 
&ni]  raried;  and  the  pottery  is  almoit  all  of 
Greek  warkroaaihip,  or  imitated  from  Oreek 
modela.  The  Greek  Taiea  are  fur  the  most  part 
red-figured  ;  but  resjcli  of  the  **  Curiathiau  " 
style,  and  an  amphora  partly  blicll-figured  and 
partly  red -figured,  have  been  found  iu  the  eaillei 
tomb*.  {3)  aallic,  A  certain  nuinber  of  grarei, 
or  a  rather  late  period,  appear  U>  be  Gallic  in 

The  eonection  of  objecU  found  at  Falerii  is 
now  displayed  in  the  Dew  mnaeum  at  the  Villa 
Giulia,  outside  the  Porta  del  Popolo  at  Rome. 
An  account  of  it,  by  E.  Brizis,  ii  published  in 
tbe  Xaona  Antologa  (Dec  1889,  p.  419  ff.).  The 
grarei  at  Falerii  coniist  for  the  most  part  of 
cbamben  fnmiahed  with  a  nnmber  of  niches, 
and  ao  capable  of  receiving  the  remains  of  a 
number  of  perHiui.  Thia  peculiarity  makes  tbe 
iaTotigation  of  tbe  chronological  sequence  a! 
the  gravei  din7cult;  for  the  interments  in  each 
tharober  eitend  oTer  a  considerable  period.  11 
is  impassible  here  to  discuss  in  detail  tbe  quei- 

recuarkable  method  of  bnrial.  In  Eereral  cases 
coffins  hare  been  found  made  of  the  trunk  of  a 
tree,  cut  in  half  and  hollowed.  A  similar  coffin 
haa  been  found  ne.ir  Gabii ;  and  at  Rome,  be- 
neath the  agijtr  of  Serrins,  a  terra-cntta  sar- 
cnphagns  has  beun  discovered,  leiembling  in 
form  the  trunk  of  a  tree.  This  form  of  tree- 
colfin  appears  frequently  in  Northern  Europe, 
especially  in  Westphalia. 

At  Roin^  it  has  been  shown  by  rtcenl  eicava- 
tions  that  a  large  cemetery  lay  on  the  east  side 
of  the  city,  ouUide  the  Porta  Viminalia,  and 
that  it  was  still  In  use  in  the  latest  timea  of  the 
Republic.  This  was  the  place  of  burial  for 
alaves  and  poor  people  (Hor.  Sat.  i.  8,  8).  The 
graves  are  of  various  kinds ;  among  others  puli- 
culi  or  well-grai  es ;  that  is  to  say,  pits  whjch  I 


SEPULCBUM 


647 


served  as  a  common  grave  for  the  bodies  of 
thoso  who  could  not  afford  the  eipense  of 
separate  burial.  (Varro,  L.  /,.  5,  2b:  "a  puteis 
puticuli,  quod  ibi  in  pnteis  obroebaotur  homines, 
nisi  potius,  ut  Aelius  scribit,  puticulae,  quod 
putescebant  ibi  cadavera  projecta.  Qui  locus 
publicus  ultra  Eiqnilias."  Festus,  Ep.  p.  2ie  ; 
Com.  Cruq.  ad  Hor.  Sai.  I  8, 10, 4c.)  Here,  too, 
the  bodies  of  eiecnted  criminals  were  thrown 
uoburied  (Hor,  Sat.  i.  8,  17 ;  Epod.  5,  99  ; 
Dionys.  ii.  16).  This  cemetery  was  disuied 
from  the  time  of  Augustus  onwards,  and  was 
turned  into  gardens,  to  tbe  great  improvement 
of  the  sanitary  cnndition  of  the  district  (Hor. 
Sat.  i.  8,  U;  Pornhyrio  and  Com.  Cruq.  ia 
loa.y. 

Burial  within  the  city  was  forbidden,  trom 
the  time  of  the  Twelve  Tables;  but  eiceptions 
might  be  made  in  the  case  of  specially  dlt- 
linguished  persons — as,  for  example,  in  Ihe  cass 
of  C.  Fabricius  (Cic.  de  Ltgg.  ii.  23,  58)  and 
Valerius  (Pint.  Q.  S.  79),  and  generally  in  the 
case  oftboBe  who  had  celebrated  a  triumph  (Pint. 
ib.).    The  Vestal  Virgins  and  th 


a  tbe 


>    (orf 


205),  because  they  were  not  bound  br 

a,  but    Entropius   (B,  S)  tells    us  that 

was   the    only  emperor    for   whom    the 

privilege  was  used.     By  a  rescript  of  Hadrian, 


tbo» 


1  the 


liable  to  a  penalty  of  40  aurei  (Dig.  il',  12,  3, 
5  5).  The  practice  was  also  forbidden  by 
Antoninus  Pius  (Cauitol.  Aatm.  Pixa,  12)  an'l 
Theolosius  II.  (Cod.  Theod.  9,  17,  6).  A  similar 
prohibition  waa  in  force  ehewhere  (£<-£  Colmiae 
Gctuticas,  tiiili. ;  Ephem.  Ep.  iii.  p.  94). 

The  customary  place  for  the  tombs  cf  well- 
to-do  families  was  by  the  side  of  the  roads  leatting 
out  of  the  city.  Many  snch  tombs  are  still 
preserved  by  the  side  of  the  roads  leading  oat 
of  Rome,  especially  the  Appian  Way,  and  many 
more  have  been  destroyed  in  comparatively 
recent  times.  A  row  of  them  also  stands  out- 
side the  Herculanean  gate  at  Pompeii.  Part  of 
this  Pompaian  street  of  tombs  is  represented  in 
the  accompanying  woodcnt,  taken  from  Uaiois, 


The  Street  of  Tcantie  st  PompeUL 

near  Naples,  and  the  so-called  tomb  of  Anini 
or  of  the  Horatii  and  Curiatii  near  Albano. 
r  underground  This  laat  shape  seems  to  follow  an  Etiusoan 
chambers,  similar  to  those  foand  in  Etruria  ;  aa,  model,  for  eonital  turrels  are  the  chief  feature 
for  instance,  the  tomb  of  Ihe  Scipioe  on  tbe  Via  of  the  tomb  of  Porsenna,  aa  described  by  Plinv 
Appia.  But  generally  the  tomb  consist,  of  a  (ff.  A',  iiivi.  §§  91-9:! ;  Fergnsson, /.  H.  S.  vi. 
building  enclosing  a  chamber  ;  and  in  tbis  ,  207-232).  One  of  the  most  splendid  sepulchral 
chamber  are  placed  the  nrns  conlaining  the  edifices  w»  the  Mausoleum  of  Hadrian  (see 
a'ihei  of  the  dead.  Some  not  uncommon  forms  ;  pp.  149  ff.).  (For  an  enumeration  of  tombs  out- 
are  shown  in  ths  above  representation  of  lombs  '  side  Rome  and  for  references  to  literature 
at  Pompeii.  Other  forms  are  the  pvramid,  as  concerning  them,  aee  ilarqsardt,  PrivatlOien, 
in  the  ca-e  of  tbe  tomb  of  C.  Cestiui,  near  the  I  pp.  361,  362.) 

Porta   Oitiensia;    the    round    tower,  as   in   the  I       Another    form  of  grave   is  the  co/iBniarnini. 
well-known  tomb  of  Caecilia  Metella ;  and  the  |  This  is  found  not  un^equently  at  Rome,  but  ii 

'    re  ;  probablj  ' 


n  the  so-called  tomb  of  Virgil  I  hardly  known  elsewhere  ;  probably  becanae  la 


Bt  Rome  vai  mach  more  valnabls  thui  «t  my 
other  place.  It  conaitti  of  ■  building  provided 
on  the  ioiide  with  ■  tuge  Dumber  of  uicliei. 
Bat  at  tile  bottom,  arched  at  the  top.     Each 


nidie,  u  a  rule, 
[Ou.ae],  Id  which  the  athe*  weT«  placed.  The 
Dama  columianuin  waa  gireo  to  aoeb  graves 
beeanae  of  the  reaemblaace  which  thete  niche* 
bear  to  the  holo  of  a  pigeon-hooae.  The  geaeral 
arrangement  of  a  coiumbariam  ii  ihowu  in 
the  above  woodcut,  which  ntpteaenle  one 
foond  in  the  year  1S22  at  the  Villa  Rnani, 
•bout  two  milci  beyond  the  Porta  Pia.  Colum- 
baria were  wmetimei  provided  by  great  farailiea 
aa  a  bnrjing-placa  for  their  tlavea,  freedmen, 
and  dependeuti :  t^.  b;  the  Statilii  Tauri 
(£ilff.  delta  Cammittiimt  arch,  itumicip.  ISTfi, 
p.    131  E  i   C.  I.  L.  »i.   p.   eS4  ff.),  by  the 


8EFULCBUH 

Volnaai  (C.  /.  Z.  tL  p.  1D43),  and  by  Livii 
(Gori,  Coimnbarium  lAsiaa  ^u^wfof.  17^7; 
Ohiizi,  Camcrt  tepolerali  da'liberti  e  liberU  di 
Lhia  Auguala  e  iW  ojln  Caari,  173 ;  C  /.  £,  ri. 
p.  877).  But  moat  frequently  they  were  eieclnl 
by  burial  Bocietiee,  formed  by  peraoaa  whi> 
were  too  poor  to  purchase  a  place  of  burial  foi 
thenuelvee.  Cootiderable  light  baa  beau  thrown 
upon  the  constitution  and  arrangement  of  tbeie 
sacietiee  by  inicriptioni,  and  eipeciallj  by  thuK 
found  in  Che  year  185^  in  a  colnmhariom  upon 
the  Via  Appia,  not  far  from  the  tomb  of  the 
ScipioB  (C.  /.  L.  vl  p,  930  ff.  The  inM:riptioiis 
ure  given  in  full,  with  commenta  and  a  ducri[~ 
tion  of  the  columbaiium,  by  Wilmanoa,  pp.  135- 
146;  Haiqnardt,  PrivatltbtH,  p.  !I72).  Tht 
inacriptiona  from  columbaria  are  collected  in 
C.  I.  L.  Ti.  p.  B75  ff.  (cf,  Wilmanna,  p.  117  ff.,; 
and  farther  referencea  to  literature  upon  tht 
subject  are  given  by  Marquardt,  op.  cU.  pp.  13j, 
371,  372. 

An  account  of  Roman  tomba  would  not  le 
complete  without  adme  mention  of  the  C^u- 
comb) ;  but  aa  they  were  almost  eicluurclT 
used  by  the  Chriitians,  it  muit  suffice  hen  Id 
refer  to  the  Dietiiman/  of  Chrittian  Antijuiia 
and  the  suthoritiei  there  cited. 

Contentt  of  ronti).— If  the  body  was  bdi 
burnt,  it  wsa  placed  in  the  tomb  eithet  endovil 
in  a  coffin  or  inrcophagua  [SaACOFHAaua],  "r 
nnencloied.  In  the  latter  caae  in  Etruican  tumbi 
it  i>  generally  placed  upon  a  conch  of  ttooe,  ii 
is  shown  in  the  accompanying  repreaentalioa  «i 
atambatVeii(rromKrdi,.AiicPo«erf,  p.  HS). 
If  the  body  was  bnint,  the  aahea  were  [uacedui 
an  urn  or  pot  (antii,  aUa), 


ToBbatValL  (Bbch.) 


The  Drn  take*  ■OMtj  forma.  Hie  hut-ama 
found  at  Albanos  (we  cut  under  TraDRiCH] 
■re  made  of  earthenwam,  and  represent  a  pri- 
mitive hut,  with  a  peaked  straw  roof,  similar 
apparently  to  the  contemporary  dwellings  of 
the  living  (Ghirardini,  Natitie  degli  Soam,  1881, 
p.  354  ff.,  pi.  V.  J  Marquardt,  PritaOtbtn,  p.  216 ; 
Dennis,  Etniria,  i.  Iiii.).  The  urns  also  in  the 
Bolognese  cemeteries  and  in  the  columbaria  are 
generally  of  earthenware.    In  Etruria  a  favour- 


ite form  is  a  miniature  sarcoplugua  of  eartlia- 
ware  or  stone,  with  a  recumbent  figure  i>l»° 
the  lid.  Marble,  stone,  and  alahastu-  I" 
commonly  ased ;  and  the  next  woodcnl  rrpre- 
MuU  a  aepulchnl  urn  of  marble  in  the  Biit>>b 
■Museum,  The  inacription  abowi  that  il  con- 
tained the  ai>he>  of  Coaaatia  Prima.  It  ii  «| 
an  upright  rectanguUr  form,  richly  oraaoi»l« 
with  foliage  and  supported  at  the  sidt  t? 
pilasters.      lU    height  ia   21  incbo,  and   if 


SEBICDU 


S49 


width  about    15.       Other    matcriila    <ucd 
glmH,  ud  TuioDi  mctalt, — Itad,  broue,  >iW< 


gencnlly  plaod  in  tha  tomb,  spparentlT  with 
the  intention  of  lappljiDg  th«  dud  with  the 
ciutomarf  appanttu  of  lire.  Thui  in  the  enrlj 
tombi  KtipaiM  and  umoai  freqnentl;  occur. 
L«ter,  agricDlturol  implementi  nnd  ttuli  ire 
often  foaod;  and  in  the  cue  of  wumeo,  irticlei 
of  the  toilet,  ueut-bottiei,  □rnaaitDti,  and  *D 
forth.  Gothei,  money,  food  and  drink,  and 
ontuning  them,  were  often  added. 


The 


t  purpoM  n 


eiplaiu 


mber  of  raisi  which  are  often  found 
in  tomba.  Several  are  to  be  »en  in  the  picture 
of  a  tomb  at  Veii  given  abore.  Id  Ktruria 
Greek  vowi  and  native  Imitatiotu  of  Greek  vaaet 
were  luediii  very  large  numberafor  this  purposa; 
and  it  is  from  EtTOtcaa  tombi  that  the  majoritj 
of  extant  Greek  rasei  comes.  With  the  ei- 
ception  of  tboae  which  were  found  at  Pompeii, 
nearly  aU  the  objecU  of  daily  UM  in  out 
HoaeuDU  have  been  taken  from  gravel.  Wc 
muat  add  laitly  allara,  lampa  and  candelabra, 
■nt«iKled   for  ritual  p  '" 

on  thia    tubject,  aea 
p.  366  ff.) 

(Hnniuardt,  Privatltbm,fp.  340-385 ;  Becker, 
Oallus,  4th  Engliih  edit,  pp.  505-523  -  Becker- 
Goll,  iii,  481-5*7;  Raoul-Bochette,  Troi$iime 
iUaoin  tur  Iti  AtUvpuUs  chHtiema  da  CaUt- 
comU$,  in  iCAn.  di  rAoad.  dm  Inacriptiont,  vol. 
liii.  183B,  pp.  529-788  ;  Guhl  and  Koner,  Life 
of  the  Gretia  and  Homani,  pp.  375-387  ;  Bnu- 
tneiiter,  Oaiimdler,  art.  Graber.  for  Etnucau 
■tombi,  Dennii,  Etrvria.  For  Pompeian  tombs, 
Overbeck  and  Mau,  Pomptji,  4th  diit.,  pp.  396- 
422.  The  more  important  sepulchral  inacrip- 
tiont ar«  conveniently  collected  by  Wilmnnn!., 
Extmpla  I»»cripliomiin  Latinaram,  cap.  ii.  vol.  i. 

pp.  46-173.)    [Funds.]  [H.  B.  S.] 


SEQUESTfisa    [.^UBiTCKl 

SERA.   VJasda.] 

SBltlCDU  iT„p«6v,  Bo^Ua).  Silk  ap- 
peara  in  Koman  literature  under  three  different 
names — testes  Coae,  bombj/ciaae,  and  eericae — 
though  In  strict  usagg  only  the  last  was  what 
we  ahodld  recognise  a*  true  ailk.  For  tbe 
pasaagea  deacriptive  of  tbe  firat,  see  COA 
VESnn;  it  is  mentioned  by  no  writer  later 
than  Pliny,  and  we  may  suppose  this  industry 
to  have  died  oot  early  in  the  Empire.  Though 
Isidore  {Orig.  iLi.  22)  makes  the  Coae  and  bom- 
bycinae  identical,  there  can  be  no  doubt  that 
he  was  mistaken.  The  difference  was  not 
merely  that  the  ooe  was  manufactured  in  Cos, 
the  other  in  Aasyria  (Aristot.  N.  A.  v.  19, 
p.  651 ;  Plin.  H.  N.  ri.  $§  76-78 ;  Propert.  ii. 
3,    15,    where    At(Miu   it    loosely    used    for 

different.  The  bombyi  of  Cot  waa  ■  tpedes 
living  on  the  oak,  the  ath,  and  the  cypress; 
that  of  Assyria  was  tha  true  mulberry  lilk- 
wonn;  the  material  therefore  wat  originally 
different,  bat  was  treated  in  the  same  way; 
for  in  both  districts  the  insect  was  allowed  to 
develop  itself,  and  the  pierced  cocoons  were 
used.  These  were  impottible  to  Buwind,  be- 
cause the  continuity  of  the  threads  had  been 
broken ;  so  they  were  carded,  and  then  spun 
like  cotton,  and  gave  a  coarser  silk  which  is 
called  gidette.  Tha  fact  of  the  worm  being  left 
<□  its  wild  state  to  spin  on  trees  whence  the 
deserted  cocoon  was  gathered  (if.  Verg.  Geonj. 
ii.  121;  Petron.  119;  Plin.  H.  S.  vi.  S  54; 
Sil.  Ital.  vi.  4,  liv.  664;  Dionys.  Perieg. 
752)  gave  rise  to  the  notion,  which  we  find 
expressed  even  in  Strab.  iv.  p.  693,  that  the  silk 
grew  on  the  leaves,  and  was  scraped  oO'  them. 
Pausanias    (vi.    26),    however,   gives    the   true 

The  distinction  between  vestei  itncae  and 
bombghinae  is  marked  in  Uln.  J>ig.  34,  S,  23,  1 ; 
ApuL  Met.  viii.  27  (where  the  prieats  wear  hom- 
bycina:  the  image  of  the  goddeu  is  "sericu 
contccta  amiculo ").  As  will  be  teen  from 
ady    been    sold,    the    enential 


B   lay  r 


1   the  silkwi 


1  (sit 


:  the 


nnlberry  silkw< 
all  times  in  Indie,  Persia,  and  Auyria},  but  in 
the  fact  that  the  Chinese  alone  discovered  the 
method  of  unwinding  the  cocoon  while  it  was 
for  that 


ing  the   pierced  o 


This  trne  silk  was  therefore  imported  from 
China,  nanally  overlaid  through  Samanand 
to  the  Persian  Gulf,  thenc*  to  Phoenicia  or 
Egypt,  and  linally  to  Rome  (Procop.  Anfol. 
25 ;  [Arrian,]  Per.  M.  Eryth.  b6).  It  is  sUIed  bv 
moit  modem  writers  (Bliimner,  Harquardt, 
Becker-Gelt)  that  the  Chinese  silk  was  im- 
ported at  first  in  woven  pieces  (Mdria  «^pticd), 
that  these  were  laborioosly  unravelled,  and  the 
silken  thread  thence  obtained  le-woven  with 
an  admixture  of  wool.  We  must  confess  that 
this  theory,  which  is  antecedently  onlitely, 
seems  to  us  to  rest  on  rsry  slight  evidence. 
Pliny  (who  merely  translates  Aristotle),  when 
he  speaks  of  the  "  redordiri  rnrsaaqne  teiere  " 
(ti.  §  76)  and  of  the  "  geminus  feminit  labor 
redordiendi  fila  rnrsusque  teiendi,"  is,  like  Ari- 
stotle, speaking  only  of  carding  out  cocoona 
whence  to  spin  a  thread  and  then  to  weave. 


65U 


SEBIOUM 


The  theory,  then,  rests  on  the  lines  of  Lucan 
(JE.  140) : 

**  Candida  Sidonio  perlucent  pectora  filo, 
Quod  NUotte  acus  percnasam  pectlne  aeram 
Solvit  et  extenso  laxavit  stamina  velo," 

which  Marquardt  takes  to  mean  that  the  stuff 
was  woven  in  China,  dyed  at  Sidon,  and  then 
unpicked  and  re-woven  in  Egypt.  But  it  is 
dangerous  to  trust  in  so  technical  a  matter  to 
poetical  description,  and  moreover  the  version 
of  Mr.  Haskins  in  his  recent  edition  of  Lucan 
is  more  probable,  "loosened  the  threads  by 
stretching  the  fabric;**  i.e.  the  material  was 
close-woven  by  the  Chinese  and  thinned  out,  so 
as  to  be  transparent,  by  the  Egyptians  :  the 
word  acuSf  perhaps,  also  implies  embroidery.  If 
this  view  is  correct,  the  mixed  fabrics  which 
were  worn  under  the  earlier  Empire  must 
(when  made  of  Chinese  silk  as  smcae,  not  bom- 
bydnae)  have  been  made  of  the  silk  thread  (yrjfia 
fffipikhv)  or  of  the  raw  silk  (jiira^a)  interwoven 
with  flaxen  or  cotton  thread  into  a  cheaper, 
lighter,  and  more  transparent  dress  than  the 
Chinese  silk  stuffs.  This  material  became 
more  and  more  fashionable.  Even  men  dressed 
in  silk ;  and  hence  the  senate,  early  in 
the  reign  of  Tiberius,  enacted  "ne  vesti^ 
serica  viros  foedaret "  (Tac.  Ann,  ii.  33 ;  Dio 
Cass.  Ivii.  15).  In  the  succeeding  reigns  we 
find  the  most  rigorous  measures  adopted  by 
those  emperors  who  were  characterised  by 
severity  of  manners,  to  restrict  the  use  of  silk, 
while  others,  like  Caligula,  encouraged  it  (Suet. 
CcU,  52  ;  Dio  Cass.  lix.  12 :  cf.  Joseph.  B,  J.  vii. 
5;  Mart.  xi.  9,  27,xiv.  24). 

This  mixed  fabric,  based  on  Chinese  silk,  was 
generally  called  serioas  vesteSf  but  received  a  dis- 
tinct name  when  the  Romans  began  to  import  the 
pure  woven  silk  stuffs,  which  were  called  holosc- 
ricae  and  were  introduced  by  Elagabalus  (Lam- 
prid.  Heliog.  26) :  the  silk  flags  on  the  Parthian 
standards,  which  struck  the  eyes  of  the  Romans 
in  the  battle  of  Carrhae  more  than  two  cen- 
turies earlier,  w^ere  doubtless  of  this  material 
(Flor.  iii.  11).     The  expense  of  it  was  so  great 
that  the   successor    of    Elagabalus,   Alexander 
Severus,   never   wore  it  (Lamprid.  Alex.  Sev. 
40),  and  it  was  said  to  have  been  sold  for  its 
actual  weight  in  gold  (Vopisc.  Awelian.  45). 
Thenceforth,  though  the  general  name  sericum, 
or    sericae   testes,    included    both    kinds,    and 
naturally  more   often    means    the   less  costly 
mixed  silk,  there  was  strictly  the  distinction 
between  holoserioae  (pure  silk)  and  subsericae 
(or  tramosericae)^  in  which  the  woof  was  silk, 
and  the  warp  of  flax  or  wool  (Isid.  Orig,  xiz. 
22).     The    increasingly   common  use  of  both 
holosericae  and  subsericae  may  be  seen  as  time 
went  on    (Solin.  p.  202 ;    Vopisc.    Tacit,   10, 
Carin,   19;    Ammian.  zxiii.  6;    Symmach.  J^j?. 
iv.  8).     Christian  writers  condemn   it  (Clem. 
Alex.  Paedag.  ii.  10 ;  Tertull.  de  Pall  4) ;  St. 
Jerome  {ad  Marcell,)  says  that  those  who  did 
not  wear  it  were  taken  for  monks  :  actors  were 
forbidden  to  wear  figured  and  gold-embroidered 
silks,  but  were  allowed  plain  silks  (Cod.  Theod. 
15,  11,  7).     We  find  among  trades  the  sericarii, 
holosericopratae,  and  metaxarii  (C  /.  L,  vi. 
9678,  9893 ;  Cod.  Just.  8, 13,  27^  and  a  <ni^o- 
voi6s  (C.  /.  G.  5834). 

The  production  of  raw  silk  (fura^a)  in  Europe 


8EBHA 

was  first  attempted  under  Justinian,  a.d.  530. 
The  eggs  of  the  silkworm  were  conveyed  to 
Byzantium  in  the  hollow  stem  of  a  plant  from 
"Serinda,"  which  was  probably  Khotan  in 
Little  Bucharia,  by  some  monks,  who  hxd 
learnt  the  method  of  hatching  and  rearing 
them.  The  worms  were  fed  with  the  leaf  ot 
the  Black  or  Common  Mulberry  (trundfupos : 
Procop.  B,  Ooth,  iv.  17;  Glycas,  Atui.  iv. 
p.  209 ;  Zonar.  Ann,  xiv.  p.  69,  ed.  Du  Cange ; 
Phot.  Bibl.  p.  80,  ed.  Roth).  The  cultivation 
both  of  this  species  and  of  the  White  Mulberry, 
the  breeding  of  silkworms,  and  the  manufactorv 
of  their  produce,  having  been  long  confined  t" 
Greece,  were  at  length  in  the  twelfth  century 
transported  into  Sicily,  and  thence  extended 
over  the  South  of  Europe.  (Otto  Frisingen, 
Hist,  Imp,  Freder,  i.  33 ;  Man.  Comnenus,  ii.  8.) 
The  progress  of  this  important  branch  of  in- 
dustry was,  however,  greatly  impeded  even  io 
Greece,  both  by  sumptuary  laws  restricting  th*> 
use  of  silk  except  in  the  church  service  or  in 
the  dress  and  ornaments  of  the  court,  and  sl»i 
by  fines  and  prohibitions  against  private  silk- 
mills,  and  by  other  attempts  to  regulate  the 
price  both  of  the  raw  and  manufactured  article. 
It  was  at  one  time  determined  that  the  business 
should  be  carried  on  solely  by  the  imperial 
treasurer  (praefectus  thesauro),  Peter  Barsames, 
probably  a  Phoenician,  held  the  office,  and  cod- 
ducted  himself  in  the  most  oppressive  manner,^ 
that  the  silk  trade  was  ruined  both  in  Byzan- 
tium and  at  Tyre  and  Berytus;  whilst  Jus- 
tinian, the  Empress  Theodora,  and  their 
treasurer  amassed  great  wealth  by  the  monopoly 
(Procop.  Bist.  Arcan,  25). 

(The  best  treatment  of  this  subject  will  be 
found  in  Pariset,  Hist,  de  la  Soie,  vol.  i. 
pp.  1-90:  see  also  Marquardt,  PrimtlAfu, 
pp.  491-499  ;  Blumner,  Technol.  i.  192 ;  Becker- 
Gsll,  GaUus,  iii.  283 ;  Yatea,  Textrinwn,  p. 
160  ff.)  [J.  Y.]    rG.E.M.] 

SEERA,  dim.  SE'BRULA  (irpwr),  a  ss». 
It  is  not  improbable,  as  Virgil  says  (Georg.  I 
144,  a  line  rejected  by  some  critics),  that  it 
was  an  invention  which  superseded  the  primi- 
tive use  of  wedges,  but  it  is  at  any  raU  very 
ancient,  and  its  origin  is  lost  in  the  mythicsl 
ages,  being  attributed  either  to  Daedalus  (Plio. 
H,  N.  viL  §  188 ;   Sen.  Epist.  90),  or  to  hi* 
nephew  Perdix  (Hygin.  Fab.  274;  Ovid,  Mft. 
viii.  246)  [CiRCJiNua],  also  called  Talos,  who. 
having  found  the  jaw  of  a  serpent  and  dirided  a 
piece  of  wood  with  it,  was  led  to  imitate  the 
teeth  in  iron  (Diod.  Sic  iv.  76 ;  ApoUodor.  m. 
15).     Hyginus  and  Isidore  (Orig.  xix.  19)  mske 
the  backbone  of  a  fish  the  original  pattern.    la 
a  bas-relief  published  by  Winckelmana  (i«* 
Ined,  ii.  fig.  94),  Daedalui  is  represented  holdia^ 
a  saw  approaching  very  closely  in  fonn  to  the 
Egyptian    saw    delineated    below.     The    um 
blade  of  the  saw  was  called  rdp^os  in  Greek 
(0pp.   Hal,  V.   201),   lamina  in  Latin  (V«S' 
Georg,  i.  143) ;  the  teeth,  Mrrss  and  denia. 
The  form  of  the  larger  saw  used  for  cntting 
timber  is  seen  in  the  woodcut  below,  rhK*  »> 
taken  from  a  miniature  in  the  celebrated  yio- 
scorides  written  at  the  beginning  of  *^*  "*y: 
century  (Montfaucon,  PaL  Graec.  p.  203>   it 
is  of  the  kind  which  we  caU  the  frame^w, 
because  it  is  fixed  in  a  recUngular  fr*°t;^ 
was  held  by  a  workman  Qurrarins,  Sen.  £p^ 


8BRBA 

.'>7)  at  each  end.  The  Una  wu  uud  to  mark 
the  timber  in  order  to  gnide  the  t»v  (S«n. 
.£^9ul.  90};  nod  iU  moTement  wai  facilitated 
by  driTiDE  wedges  with  a  hunmei  between  the 
plaoka  ittnvet  tabulae)  or  rafters  (trabet}.  (Cd- 
ripput,  <fa  Zand.  Just.  i».  45-48.)  A,  aimilar 
repre»*[itation  of  the  use  of  the  frame-isw  is 
giren  in  a  painting  found  at  Herculaneum,  the 
operators  being  winged  genii,  sa  in  this  woodcut 
iAnl.  iTErcol.  i.  tar.  94);  but  in  a  bas-reUef 
puKliihed  b^MicBli  (Ai/.  av.  il  })om.  dii  Som. 
t»v,  49)  the  two  sawyers  wear  tunics  girt 
round  the  waist  like  that  of  the  ship-bailder 
in  the  woodcut  under  Ascii.  The  wowlcnt 
here  introduced  alio  shows  the  blade  of 
the  saw  detached  from  its  fiune,  with  a  ring 
>t  each  end  fot  filing  it  in  the  frame,  and  ex- 
hibited on  a  tomb-stone  published  bj  Grnter. 


SEBVITUTES 


651 


'A^li 


On  each  ude  of  the  last-mentioned  fignre  ia 
represented  a  hand-saw  adapted  to  be  used 
bj  a  single  person.  That  on  the  left  la  from 
the  same  monumant  aa  the  blade  of  the 
frame-saw ;  that  on  the  right  is  the  figure  of 
an  ancient  Egyptian  saw  preserved  in  tlie 
British  Uusenm.  These  saws  {serralai  mami- 
briatae)  were  used  to  divide  the  smaller  ohjecls. 
Some  of  them,  called  lupi,  had  a  particnUr 
shape,  bv  which  they  were  adapted  for  ampu- 
Uling  the  branches  of  trees  (Pallad.  de  Re  iuaf. 
i.  43).  It  is  not  unlikelT  that  these  were  aaws 
with  a  wide  "set"  to  the  teeth.  The  primitive 
aaws,  no  donbt,  had  teeth  running  in  the  same 
line  as  the  blade:  it  must  have  been  an  improve- 
ment to  have  what  is  called  a  "  set,"  i.a.  the 
alternate  teeth  bent  sideways  in  oppoiite  di- 
rections to  prevent  the  saw  from  getting 
jammed  in  its  passage,  and  the  Upi  for  sawing 

trees  would  nstarally  be  improved  by  havi 

wide  "set."     This  ia  what  Pliny  (ff.  S. 
§  227)  must  mean  by  altma  inclinalio. 

Pliny  (//.  K.  iiiii.  §  159)  mentions  th. 
of  Che  saw  in  the  ancient  Belgium  for  cutting 
white  building-stone :  some  of  the  oolitic  and 
cretaceous  loclia  are  still  treated  in  the  same 
macDer  both  in  that  part  of  the  Continent  and 
in  the  louth  of  England.  In  this  case  Pliny 
must  be  understood  to  speak  of  a  proper  or 
toothed  saw.  The  aaw  without  teeth  was  then 
used,  just  as  it  is  now,  by  the  workers  in 
marble,  and  the  place  of  teeth  was  supplied, 
according  to  the  hardness  of  the  stone,  either  by 
emery  or  by  various  kinds  of  sand  of  inferior 
hardness   (PliD.  N.  A'.   «ivi.  §  51).       '"  "■■- 


as  granite  porjibyry,  lapis-lazuli,  and  amethpt. 
[MOLi ;  Paries,]  The  lemila  in  Cic  pro 
"'  (.  64,  180,  with  which  the  bottom  of  a 
was  cat  out,  has  given  rise  to  some  dls- 
in.  Id  a  receut  number  of  the  Classical 
Review  (Oct.  1689}  Mr.  Owen  suggests  that  it 
u  "a  round  saw,  shaped  like  a  tes-cup  in- 
^rted,  which  worked  on  the  bottom  of  the  chest 
/  means  of  a  handle  moving  on  the  principle 
of  a  brace  and  bit."  A  drawing  of  such  a  tool 
_  ren  in  the  article  referred  to.  We  are 
assured  by  a  working  carpenter  that,  though 
nothing  of  the  kind  is  known  in  the  modem 
trade,  it  would  act  efficiently  and  also  more 
ailently  than  a  saw  drawn  backwards  and  for- 
wards, ssiumlng  that  it  has  a  pivot  to  work 
on ;  and  moreover  that  it  would  not  be  difficult 
to  make  aucii  an  implement  with  a  thin 
"ribbon "law.  We  think,  therefore,  that  the 
suggestion  is  plausible :  otherwiae  there  is  no 
difficulty  in  imagining  a  hole  lint  bored  in  the 
natural  way  with  a  centrebit  [see  TebebrumJ 
and  the  piece  cut  out  with  a  small  saw,  like  our 
"  key-hole  "  saw,  with  a  thin  end,  toothed  on 
both  sides  and  capable  of  being  turned  round. 
Cicero  was,  of  course,  not  deKiibing  anything 
that  he  had  seen :  the  only  necassary  condilion 
is  that  it  should  not  be  of  the  patteroa  is  miut 
ordinary  ose.  (On  the  general  subject,  see 
Beckmsnn,  Hist,  of  Inventions,  I  3S1 ;  Bliimner, 
Technologie,  ii.  216-221.)  [J.  Y.]  [G.  E.  M.] 
BEKRA'TUS.     Tacitna  says  of  the  Germans 

diu  notam,  serratos  bigatosi)ue."      These  were 
denarii  struck  under  tlie   Roman  Republic;  the 


I  able 


rocks,  which 

e  the  highest  polish,  > 


.■Uy 


Denailus  •erratns. 


serrati  having  a  serrated  edge,  the  bigati  bear- 
ing the  type  of  a  blga.  (Here  we  have  a  qn«d- 
riga.)  That  the  Germans  should  prefer  these 
coins  of  the  Republic  to  those  of  the  Empire, 
inferior  in  weight  and  purity,  was  natural;  and 
tieasures  found  in  Germany  have  confirmed 
Tacitm'a  testiraonr.  (Mommsen,  RSm.  MSnz- 
.,^p.7Tl.)  '       ,,        .„-.t''-'^-^ 

8EBTA.    [COKONA,  Vol.  I.  p.  5*5.1 

gEEVIATJA  ACTIO.    [Piosne.] 

SETtVITUS.     [SEBvns.] 

SEBVITU'TES.  Where  one  person  has  n 
right  over  property  of  another,  which  he  can 
assert  by  legal  remedy  against  any  one  who 
interferes  with  its  eiercise,  and  net  merely 
acainst  the  owner  of  the  property,  he  is  said  to 
have  a  juj  fn  «  aliena,  and  his  tight  beiongi  to 
those  which  sTt  "  real "  ist  in  rem.  By  the 
e.istence  of  such  a  right  the  legal  pos.l.on  of 
the  owner  ia  diminished  in  value :  his  owner- 
ship, which  otherwise  would  be  unrestricted,  is 
curtailed,  not  in  duratiou,  but  in  eitension. 
The  presumption  of  law  wss  in  favour  of  the 
freedom  of  property,  and  the  burden  of  provmg 
his  right  over  it  lay  on  the  other  party ;  hence, 
when  a  thine  was  sold  ss  oplma  mort'iii,  this 


652 


SBRVrrUTES 


SERVITUTES 


was  legally  understood  to  me&n  that  it  was 
warranted  free  from  any  real  rights  in  persons 
other  than  the  owner  (Dig.  50,  16,  90  and  169  : 
cf.  Cic.  de  Leg,  Agr.  iii.  2,  7).  Two  classes  of  snch 
jura  in  re  cUiena  are  known  to  Roman  law :  one 
recognised  hy  the  old  Jus  Civile,  and  termed 
servUutes;  the  other  of  praetorian  origin,  and 
known  hy  specific    names,  viz.  Emphyteusis, 

PiGNUS,  and  SUPEKFICIES. 

The  term  serviitu  properly  denotes  the  quasi 
non-free  condition  of  an  object  over  which  rights 
are  enjoyed  by  a  person  other  than  its  owner 
(Dig.  39,  1,  5,  9),  but  more  commonly  it  is  nsed 
to  express  the  deducted  right  itself.  As  to 
such  rights  in  general,  thei*e  are  a  few  funda- 
mental rules  admitting  of  very  brief  statement. 
No  one  can  have  a  servitude  over  property  of 
his  own  Q*  nuUi  res  sua  servit,"  Dig.  8,  2,  26), 
so  that  a  servitude  will  bo  extinguished  ipso 
facto  as  soon  as  the  person  in  whom  it  is  vested 
becomes  owner  of  the  property  over  which  it  is 
exercisable  Qre$  sercieru)  or  tfice  versa.  No  one 
servitude  can  be  the  object  of  another,  for 
**  servitus  servitutis  esse  non  potest "  (Dig.  33,  2, 
1);  but  there  can  be  servitudes  over  other 
incorporeal  things,  e.g,  over  an  emphyteusis  or 
A  superficies  (Dig.  43,  18,  1,  6,  7,  9).  Being 
created  solely  for  the  benefit  of  a  determinate 
subject,  servitudes  are  intransferable,  or  in- 
separable from  the  subject  itself  (Dig.  10,  2,  15 ; 
8,  4,  12);  and,  lastly,  a  servitude  most  not 
merely  limit  the  rights  of  the  owner  of  the  res 
serviens,  but  must  confer  a  positive  advantage 
on  the  other  party  (Dig.  8,  1,  15). 

These  rights  may  be  classified  in  various  ways. 
They  are  divided,  with  reference  to  the  owner  of 
the  res  servienSf  into  affirmative  and  negative. 
If  he  has  to  allow  the  other  party  to  do  some- 
thing from  which  otherwbe  he  could  legally 
hinder  him  {e.(j,  to  walk  across  his  field),  the 
servitude  is  affirmative,  and  is  said  to  consist  in 
patiendo  ;  if  he  is  obliged  himself  to  refrain  from 
doing  some  act  which  otherwise  he  would  be  at 
perfect  liberty  to  do  (e,g,  to  add  a  story  to  his 
house),  the  servitude  is  negative,  and  is  said  to 
consist  in  non  faciendo.  But  no  servitude  can 
consist  in  faciendo,  in  the  sense  of  the  owner  of 
the  res  serviens  being  compellable  to  perform 
some  positive  duty  :  for  to  this  would  correspond 
only  a  right  in  personam,  whereas  a  servitude  is 
a  right  in  rem  (Dig.  8,  1,  15,  1).  He  may  owe 
a  positive  act  in  respect  of  the  res  serviens  (e.g, 
to  keep  a  road  in  repair  over  which  his  neighbour 
has  a  right  of  way^  bat  a  violation  of  this  duty 
would  generally  be  redressed  by  a  personal 
action,  not  by  the  real  action  arising  from  the 
servitude.  Where  the  owner  of  a  wall  on  which 
his  neighbour  had  the  right  of  support  for  his 
house  (servitus  oneris  ferendi)  undertook  to  keep 
the  wall  in  repair,  this  duty  could  be  enforced 
(according  to  Servius  Sulpicius,  whose  view 
prevailed  over  that  of  Aquilius  Gallus)  by  action 
on  the  servitude;  but  the  legal  principle  last 
stated  was  so  far  observed  that  the  owner  of  the 
wall  was  able  to  release  himself  from  the  duty 
by  abandonment  (derelictio),  and  could  not  be 
compelled  to  support  the  house  by  other  means 
while  the  wall  was  being  repaired  (Dig.  8,  5,  6, 
25;  ib,  8,  pr.  and  2  ;  8,  2,  33). 

But  the  current  Roman  classification  of  servi- 
tudes is  into  praedial  and  personal  (Dig.  8,  2,  1). 
A  praedial  servitude  can  belong  to  a  man  only 


as  being  owner  or  tenant  of  a  parcel  of  land  or  « 
house  (praedium\  whereas  he  can  have  a  persoui 
servitude  without  any  such  restriction.  Again, 
the  latter  can  be  enjoyed  over  any  object  of  pro- 
perty ;  the  former  only  over  another  praedimi 
(Inst.  iL  3,  3)  adjoining  (Dig.  8,  3,  5,  1)  that  in 
whose  favour  it  exists,  and  to  which  it  is  appurte- 
nant. Thus  there  can  be  no  praedial  servitudv 
without  both  a  praedium  serviens  and  a  praedmui 
dominans.  The  right  must  be  of  such  a  nature 
that  by  it  the  use  and  enjoyment  of  the  latter  an; 
enhanced  or  rendered  more  complete  and  effectnal 
(Dig.  8,  2,  8,  pr. ;  sb.  15,  pr.) ;  it  is  conseqaently 
inseparable  therefrom,  passing  with  it  when 
conveyed,  and  its  extension  is  determined  only 
by  the  requirements  of  the  praedivm  donmans 
itself  (Dig.  8,  3,  5,  1).  But  the  latter's  owner 
must  exercise  his  right  with  proper  regard  for 
those  of  the  owner  of  the  praedium  sercioM 
(''civiliter  modo,"  Dig.  8,  1,  9),  who  most 
himself  permit  the  former  to  do  all  acta  necessary 
for  its  due  enjoyment  (e,g.  repairs.  Dig.  ib,  10). 
The  rule  *'  omnes  servitutes  praediorum  perpetoas 
cansas  habere  debent "  (Dig.  8,  2,  28)  signifies 
that  the  servitude  must  permanently  benefit  the 
praedium  dominans  (whence  *'neque  ex  laco 
neque  ex  stagno  concedi  aquaeductns  potest," 
Dig.  «&.,  and  *' servitutes  [praediorum]  ipso 
quidemjure  neque  extempore,  neque  adtempiu, 
neque  sub  condicione,  neque  ad  certam  condicio- 
nem  oonstitui  possunt,"  Dig.  8,  1,  4),  and  also 
that  DO  right  can  be  a  pra^ial  servitude  whoec 
enjoyment  necessitates  constant  action  oo  the 
part  of  the  owner  of  the  praedium  serdens. 

A  penonal  servitude  (servitus  persMontm, 
Dig.  8,  2,  1 ;  personalis  servitus^  Dig.  34,  3,  8, 
3)  is  one  which  belong  simply  to  a  man  as 
suchf  and  not  as  owner  or  tenant  of  this  or  that 
land  or  house  :  it  is  limited  in  duration  at  least 
by  that  of  his  own  lifetime,  and,  as  has  been 
already  remarked,  can  exist  over  any  object  of 
property  whatever.  All  servitudes  of  this  dau 
are  affirmative ;  praedial  servitudes  can  be 
either  affirmative  or  negative,  as  will  be  seen  by 
reference  to  those  of  which  an  account  is  gireo 
below. 

Personal  servitudes  are  four  in  number,  vix. 
Usus,  USUSTBUCTUB,  habitotio,  and  operas  aer- 
vi/rum  sive  anmfdium.     Whether  the  last  two 
were  distinct  rights  from  use  and  usufruct  was 
for  a  long  time  a  question  among  the  Roman 
jurists  (Dig.  7,  7,  6;  7,  8,  10;  Cod.  33,  S,  13: 
cf.  Gains,  ii.  82),  but  eventually  the  distinctioo 
was  admitted.     Habiiatio  is  the  right  of  lirin; 
in  another  person's  house,  and  diflers  from  usu 
aedium  in   the   person   who  possesses  it   being 
entitled  to  let  it  out  to  others  (Inst.  ii.  5,  5), 
and  from  both  use  and  usufruct  in  the  fact  thsi 
it  was  not  extinguished  by  his  capitis  deminntio 
or  by  non-user  (Dig.  7,  8,  10,  pr.).    If  created 
by  a  donatio  inter  vivos^  it  could  be  set  aiide  by 
the  heirs  of  the  grantor.     Operae  servorm  or 
animalium  consisted  in  a  man's  having  a  right 
to  the  use  and  services  of  another's  alsre  or 
beast,  so  long  as  he  or  it  lived.    It  differed  jrom 
a  mere  tistis  or  ususfmcttis  in  the  saaoe  ttspedi 
as  fuAitatio, 

Praedial  servitudes  are  either  rustic  or  orbsn 

Otira  praediorum  notftoomm,  tif6iiiionm);  * 
distinction  as  to  the  precise  rationale  of  wtuca 
there  are  difllerences  of  o|»nion.  It  i»  clear 
that  not  all  servitudes  in  towns  are  orbaa,  oor 


8EBYITUTE8 


SERVITUTES 


653 


sill  in  the  coantry  nutic,  for  ^  urbana  praedia 
omnia  aediHcia  accipimns,  non  solum  ea  quae 
snnt  in  oppidis,  aed  at  si  forte  stabula  sunt  Tel 
alia  meritoria  in  Tillis  Tel  in  vicis  rel  si  praetoria 
voluptati  tantum  deserrientia,  quia  urbauum 
praedinm  non  locus  facit  sed  materia  "  (Dig.  50, 
16,  198).  Many  of  the  praedial  servitudes  are 
referred  to  by  Cicero,  pro  Case.  13,  19  and  26. 
Of  the  urban  class  the  following  are  the  most 
important : — 1.  Oneris  ferendi :  the  right  which 
a  man  has  to  use  the  wall  or  edifice  of  his 
neighbour  as  a  support  for  his  own  (Inst.  ii.  3, 
1 ;— Dig.  8,  2,  33 ;  8, 5,  6,  2).  The  owner  of  the 
serrient  property  had  to  keep  it  in  repair,  but 
could  escape  this  liability  bj  derelictio.  2.  Tuf- 
ni  immittendi:  the  right  of  planting  a  beam  in 
or  upon  a  neighbour's  wall  (Dig.  8,  2,  2  and  6 ; 
8,  6,  18,  2 ;  8,  5,  8 :  c£  Tae.  Ann,  zr.  43 ;  Cic. 
de  OraL  i.  38, 173).  3.  Proiegendi  or  projicietuU : 
the  right  of  throwing  a  balcony  or  veraudah  out 
from  one's  own  house  so  as  to  project  over  one's 
neighbour's  land  (Dig.  8,  2,  2 ;  43,  17,  3,  5,  6, 
&c).  4.  StUlicidii:  the  right  to  have  the  rain- 
water drip  in  its  natural  course  from  one's  roof 
on  to  a  neighbour's  land.  A  sub-variety  is  the 
sercittu  flwninis  recipiendi,  immittendij  or  aver- 
tcndij  the  right  of  throwing  such  water  on 
adjoining  land  from  a  pipe  (Dig.  8,  2,  17,  3 ;  t&. 
20,  3-6;— Varro,  L.  L.  iv.  5;— Cic.  de  OraL  i. 
3«,  173 ;  Top.  4,  22  ;— Vitruv.  de  Architect,  ii. 
1,  vi.  3,  vii.  5).  5.  Cloacae  immittendae:  the 
right  of  emptying  a  drain  into  or  conducting  it 
through  a  neighbour's  premises  (Dig.  8,  1,  7 ; 
43,  23,  1,  4).  6.  /Vam  immittendi:  the  right  of 
sending  one's  smoke  through  the  chimney  of 
one  who  lives  above  or  next  door  (IHg.  8,  5; 

8,  5-7).  7.  Latrmae  tive  aterculinii:  the  right 
of  having  a  dung-heap  against  a  neighbour's 
wall  (Dig.  8,  5,  17,  2).  8.  Altius  non  tottendi: 
the  right  of  preventing  a  man  from  building  (or 
raising  buildings  already  standing)  above  a 
certain  height  (Dig.  8,  2, 2 ;  ib.  4  and  11,  &c.). 

9.  Ne  lum^ims  and  ne  prospectui  officiatw :  the 
right  of  having  one's  supply  of  daylight  and 
one's  view  nninterfered  with  by  any  act  of  one's 
neighbour,  such  as  planting  of  trees  or  erections 
of  any  kind  (Dig.  8,  2,  3, 12,  15-17,  &c ;  Cic 
eler  Orat.  I.  39,  179 ;  Gaios,  ii.  31).  10.  ServHus 
iatntnum  or  lumiruM  immittendi:  the  nature  of 
which  is  disputed,  but  which  probably  consisted 
in  the  right  of  making  windows  in  a  neighbour's 
wall  in  order  to  procure  oneself  more  daylight 
(Dig.  8,  2,  4,  40 ;  Cod.  3,  34,  8). 

We  Ttnd  in  the  authoritiea  also  of  a  sermtUM 
etHliddii  and  fiuminie  mm  redpiendi  (Intt.  iL  3, 
1 ;  Dig.  8,  2, 2),  a  aervitiis  altiue  toOmdt  (Dig.  A.), 
and  a  eervittu  officiendi  luminSna  vicini  (Gains, 
ii.  31,  iv.  3 ;  Inst.  iv.  6,  2,  &c.),  of  the  nature  of 
which,  however,  no  explanation  is  given.  Such 
rights  are  not  properly  servitudes  at  all,  but 
were  ordinary  incidents  of  ownenhip,  and  this 
treatment  of  them  has  caused  no  little  difficulty. 
According  to  Theophilus  and  others,  these  ex- 
pressions are  simply  intended  to  denote  the 
condition  of  a  praedium  after  the  extinction  of  a 
servitus  stilliddii,  &c,  to  which  it  was  previously 
subject.  Others  explain  them  bv  reference  to 
local  regulations  prohibiting  buildings  above  a 
certain  height,  &c.  (e.g.  Cod.  8,  10^  12  and  13), 
which  they  suppose  could  be  overridden  by  the 
establishment  of  servitudes  to  the  contrary ;  but 
this  hyjiothesis  seems  untenable  by  reason  of  the 


aphoriism,  "jus  publicum  privatorum  pactis 
mutari  non  potest."  A  third  school  holds  that 
the  object  of  a  grant  of  a  sermtus  altitta  iollendi, 
&c.,  was  partiaUy  to  extinguish  a  eervUus  altius 
non  tollendif  &c.  (cf.  Dig.  44,  2,  26,  pr.). 

Of  rustic  servitudes  the  following  are  the  most 
important: — 1.  Iter  (or  jus  ewidi,  Gaius,  iv.  3) : 
the  right  of  walking  or  riding  along  a  footpath 
on  another  man's  land,  and  of  being  carried  over 
it  in  a  litter  (Inst.  ii.  3,  pr. ;  Dig.  8,  3,  7  and 
12),''  though  either  of  the  latter  rights  might  be 
excluded  by  express  provision  (Dig.  8,  1,  4,  1). 

2.  Actus  (which  includes  iter') :  a  similar  right  of 
driving  cattle  or  vehicles  (Isidor.  Orig,  xv.  16 ; — 
Dig.  8,  3,  1,  pr. ;  ib,  7,  pr.  and  12,  &c.),  though 
the   last  could    be  excluded    (Dig.   8,   1,   13). 

3.  Via  (which  includes  both  iter  and  actus} :  the 
right  of  using  a  regular  road  (via  munita)  over 
another's  land  for  heavy  traffic  with  highly- 
laden  waggons  ("  hastam  rectam  ferre,"  Dig.  8, 
3y  7,  pr.),  so  that  the  owner  of  the  praedium 
serviens  must  lop  the  trees.  The  road,  in  the 
absence  of  express  agreement,  must  be  at  least 
eight  feet  where  straight,  and  sixteen  where  it 
curved  (Dig.  8,  3,  8:  cf.  Varro,  L.  L.  iv.  4; 
i?.  B.  i.  2,  14 ;  Isidor.  Orig.  1.  c).  4.  Aquae* 
ductus:  the  right  of  conducting  water  on  an- 
other's land  away  to  one's  own  in  pipes,  or  over 
another's  land  on  to  one's  own  by  a  leat,  e,g,  for 
the  purposes  of  a  mill  (Inst.  ii.  3,  pr. ; — Dig.  8, 
3,  1,  pr. ;  t6.  9).  The  exercise  of  this  serri- 
tude  might  be  limited  to  the  summer  or  the 
winter,  in  which  case  it  was  called  aqua  aestifM 
or  hibema  in  opposition  to  aqua  quotidiana  (Dig. 
43,  20,  1,  2  and  3) ;  or  it  might  be  restricted  by 
measure  or  time  (aqua  diuma^  noctumay  Dig.  t6. 
2  and  5,  pr.).  5.  Aquae  havstua :  the  right  of 
taking  water  in  vessels  from  another's  land  (Inst. 
H.  3,  2;— Dig.  8,  3,  1;  *.  3,  3 ;  ib.  9),  and 
admitting  of  the  same  limitations  as  those  just 
mentioned  (Dig.  8, 3, 2, 1).  6.  Pecoris  ad  aquam 
appulsus :  the  right  of  watering  one's  cattle  on 
the  land  of  a  neighbour  (Dig.  8,  3,  1,  1 ;  t&.  4 
and  6).  7.  Jus  pascendi:  the  right  to  pasture 
cattle  there  (Dig.  t&.  3,  pr.,  4  and  6).  Besides 
these,  there  are  mentioned  jura  silvae  oaeduacj 
cretae  eximendae,  lapidis  eximendij  arenas  fodi- 
endaSf  calcis  coquimdae,  and  other  rights  without 
specific  names,  in  Dig.  8,  3,  3,  1  and  2 ;  t&.  6 ; 
8,  1, 15,  pr. ;  43,  20,  1,  28.  If  a  locus  publicus 
or  via  pvMica  intervened,  no  servitus  aqtuxeductus 
could  be  imposed ;  but  it  was  necessary  to  apply 
to  the  emperor  for  permission  to  form  an  aquae- 
ductus  across  a  public  road.  The  intervention 
of  a  locus  sacer  or  religiosus  was  an  obstacle  to 
imposing  a  servitus  itineris  or  other  right  of  way, 
for  land  of  such  a  character  could  not  by  law 
become  **  servient." 

The  modes  in  which  servitudes  were  created 
or  acquired  are  six  in  number,  viz. : — 1.  A  dis- 
position inter  vivos  by  or  in  pursuance  of  a  con- 
tract. The  general  form  of  this  was  originally 
th  jure  cessio^  though  rustic  servitudes  over 
solum  Italkum  could  be  created  also  by  manci- 
patio  (Gains,  ii.  29,  30).  As  provincial  soil,  not 
being  in  oommercioj  could  not  be  conveyed  by  either 
of  these  methods,  so  neither  could  servitudes  over 
it  be  so  created  (Gains,  tb.  31) ;  and  its  occupier?* 
took  reftige  (Gains,  t6.)  in  formless  agreements, 
subsequently  expressed  in  a  solemn  contract 
(stipulationfs)y  by  which  the  owner  of  the  land 
over  which  the  right  was  to  be  created  bound 


€54 


8ERVITUTE8 


SEBVITUTES 


himself  to  allow  its  enjoyment,  or  in  default  to 
pay  a  penal  snm  (e.g.  Dig.  45,  1,  2,  5).  Such 
agreements  wonld  not,  however,  in  themselves 
bind  an  alienee  of  the  praedium  aerviens,  nor 
would  they  confer  any  right  on  one  of  the  prae- 
diwn  dominans;  but  the  praetors  introduced  a 
tttilis  actio  by  which  the  latter  owner  and  all 
his  successors  in  title  were  enabled  to  assert  the 
right  against  the  owner  of  the  praedium  serviens 
and  similar  successors  of  his,  so  that  in  this  way 
it  acquired  a  **  real "  character.  In  the  time  of 
Justinian  both  in  jure  cessio  and  mancipatio  had 
disappeared,  and  pactio  et  stipulatio,  having  ap- 
parently been  for  some  timo  used  for  this  pur- 
pose even  on  solwn  Itaiicumf  remained  the 
universal  mode  of  contractually  creating  servi- 
tudes (Inst.  ii.  3,  4).  It  is  contended  by  many 
iiTiters  that,  besides  the  contract  (^pactio  et 
8tipitlatio)f  a  quasi'traditio  or  figurative  delivery 
of  the  right  was  necessary ;  but  their  argument 
is  based  on  analogy  rather  than  on  any  real 
textual  authority.  2.  In  a  conveyance  of  land, 
whether  in  Italy  by  m  jure  oessio  or  mancipatiOf 
or  in  the  provinces  by  traditw,  a  servitude  over 
it  might  be  reserved  (deductio:  Gains,  ii.  33; 
Inst.  ii.  4,  1 ;— Dig.  8,  2,  34,  35  ;  8,  3,  30  and 
33),  and  the  same  might  be  done  when  the  land 
was  bequeathed  by  will.  3.  Testamentary  dis- 
position. An  owner  of  property  might  either 
directly  bequeath  a  servitude  over  it  (which  was 
a  very  common  mode  of  creating  thoee  of  the 
personal  class),  in  which  case  the  right  to  it  was 
acquired  when  the  *'  dies  legati  cessit  '*  [Leoa- 
tum],  or  he  might  direct  his  heir  duly  to  con- 
stitute it  in  favour  of  a  third  person  as  legatee 
(Paul.  Sent  Sec,  iii.  6, 17  ;  Dig.  8,4, 16 ;  Inst.  ii. 
4, 1).  4.  Adjudicatio :  the  judge  (a)  awarding  to 
one  party  in  a  judicittm  diviwrium  or  partition 
action  a  servitude  over  the  whole  or  a  portion  of 
the  property  which  he  adjudged  to  the  other 
(Dig.  7,  1,  6, 1 ;  10,  2,  22,  3);  or  (6)  declaring 
a  servitude  duly  constituted  as  against  a  contu- 
macious defendant  who  refuses  to  create  it  him- 
self; or  (c)  reviving  by  ^  in  integrum  restitu- 
tio "  (|Re8TITUTI0]  a  servitude  which  had  been 
lost  (Dig.  8,  5,  8,  4).  5.  Prescription,  or  en- 
joyment of  the  right  for  a  prescribed  period  of 
time.  Servitudes  could  not  properly  be  thus 
acquired  apart  from  the  praedia  to  which  they 
were  appurtenant  (Dig.  41,  3,  10),  though  it 
would  seem  that  this  principle  was  at  one  time 
not  fully  admitted  (see  Cic.  ad  Att,  zv.  26),  for 
a  Lex  Scribonia  of  uncertain  date  forbade  usu- 
capion of  servitudes,  except  the  anomalous  class 
(e.g.  altius  tollendi)  spoken  of  above  (Dig.  41,  3, 
4,  29).  Other  writers  hold  that  the  principle 
never  applied  to  urban  servitudes,  in  which  there 
is  a  greater  semblance  of  uninterrupted  posses- 
sion than  in  those  of  the  rustic  class,  and  that 
it  was  to  the  usucapion  of  the  former  that  the 
Lex  Scribonia  related.  Servitudes  over  pro- 
vincial soil  could,  however,  be  acquired  by  longa 
quasi'posaeasio-'-tMixial  exercise  of  the  right  for 
ten  years  if  the  owner  of  the  praedium  aerviens 
lived  in  the  same  province,  for  twenty  if  in 
another  (Dig.  8,  5,  10,  pr. ;  8,  6,  25);  and  this 
title  gradually  came  to  be  recognised  in  Italy 
also,  and  under  Justinian  was  in  full  operation 
(Cod.  7,  33,  12).  6.  Lex:  e.g.  the  acquisition 
by  a  paterfamilias  of  a  usufruct  in  the  peculium 
adverUicium  of  his  son  (Inst.  ii.  9,  pr.). 

The  following  are  the  chief  modes  in  which 


servitudes  were  extinguished: — 1.  Destruction 
of  the  res  serviens^  or  its  withdrawal  from  com- 
mercium  (Inst.  ii.  4,  1 ;  Dig.  7, 1,  2) ;  bat  if  it 
was  restored  the  right  revived  (Dig.  8,  2,  2o ; 
8,  6, 14).  Personal  servitudes  perished  also  it 
the  res  serviens  underwent  a  complete  and 
essential  transformation  (Dig.  7,  4,  5,  2  and  3). 
2.  Praedial  servitudes  were  extinguished  by  the 
destruction  of  the  praedium  dominans  or  by  its 
ceasing  to  be  in  commercium  (Dig.  8,  2,  20,  2), 
but  were  revived  by  its  restoration  within  the 
period  of  nsucapio :  e.g.  if  a  building  to  which 
a  servitude  was  appurtenant  was  pulled  down  in 
order  to  be  rebuilt,  and  was  rebuilt  in  the  same 
form,  the  servitude  revived  (Dig.  /.  c).  Siim« 
larly,  personal  servitudes  determined  with  the 
decease  of  the  person  entitled  (Inst.  ii.  4, 3;  Dig. 
7,  4,  3,  3),  and  under  the  older  law  ustts  and 
ususfructus  were  destroyed  also  by  his  capitis 
deminutio  (Gains,  iii.  83) ;  but  by  an  enactment 
of  Justinian  (Inst.  /.  c,  and  iii.  10,  1 ;  Cod.  3,  33, 
16,  2)  capitis  deminutio  nUnima  ceased  to  hare 
this  effect.  If  a  personal  servitude  belonged  to  a 
juristic  person,  it  perished  with  the  dissolution 
of  that  person  (Dig.  7,4,  21),  and  also  with  the 
lapse  of  100  years  from  its  creation  in  the 
alwence  of  express  provision  to  the  contrary  (Dig. 

7,  1,  56).  3.  Release  of  the  right  by  the  person 
entitled  to  the  owner  of  the  res  serviens  (Inst.  ii. 
4,  3),  in  the  form  either  of  bequest  (Dig.  30* 
86, 4)  or  of  contract :  for  the  latter  m  jure  cessio 
or  mancipatio  was  the  proper  form  nnder  the 
older  law  (Gains,  ii.  30 ;  Paul.  Sent.  Bee  iii  B, 
28,  32),  but  under  Justinian  a  bare  agreement 
(cessio  or  ooncessio)  sufficed  without  any  formal 
surrender,  and  in  some  cases  a  tadt  release  was 
presumed  from  conclusive  acts  (e.g.  Dig.  44, 4, 
4,  12  ;  8,  6,  8,  pr.).  There  is  some^  ground  for 
supposing  that  abandonment  (derelktio)  ex- 
tinguished  usufruct,  but  not  other  servitudes: 
its  real  effect,  however,  seems  to  have  been  to 
destroy  not  the  usufructuary's  rights,  but  onlj 
his  liabilities.  4.  Confuaio:  in  praedial  servi- 
tudes the  vesting  of  ownership  over  the  ra 
dominans  and  the  res  serviens  in  the  same  penon; 
in  personal  servitudes  a  similar  union  of  the 
dominium   and    the   servitus   (Dig.   7,  4,  17; 

8.  6,  1).  Where  the  right  was  a  usufruct,  this 
was  termed  specifically  oonsolidatio  (Inst  ii.  4. 
3).  If  the  separate  owners  of  two  separate 
estates  jointly  acquired  a  praedium  which  w»> 
servient  to  both,  the  servitudes  were  not  ex- 
tinguished; but  it  was  otherwise  if  the  joint 
owners  of  a  praedium  dominans  jointly  acquired 
the  praedium  serviens  (Dig.  8,  3,  27).  5.  Non- 
exercise  of  the  right  for  a  prescribed  time :  rostic 
servitudes  being  lost  by  non-exercise  for  two 
years,  personal  servitudes  by  non»nser  for  one 
year  or  two  according  as  the  res  sen^ens  wa» 
tnobilis  or  immobiiis  (Paul.  Sent  Rec  iii.  6,  30). 
For  the  loss  of  an  urban  servitude  mere  non-user 
was  not  enough,  it  being  necessary  that  th^ 
owner  of  tho  prrudium  serviens  should  do  some 
positive  act,  such  as  raising  his  house  or  building 
up  the  hole  in  which  his  neighboar's  beam  had 
rested  (Dig.  8,  2,  6).  For  the  loss  of  servitude* 
over  provincial  soil  the  periods  were  ten  yesn 
inier  praesenies,  twenty  year*  inier  abtentes, 
and  these  were  retained  for  aervitudes  of  all 
kinds  by  Justinian,  whether  over  movables  or 
immovables  (Cod.  3,  33,  16,  1;  3,  34,  13). 
HabitcUio    and    operac,   as    has    been  obserred 


SEBVITUTES 


SBBVITUTE8 


653 


above,  were  never  liable  to  extinction  by  non- 
exercise. 

As  possession  is  the  actual  exercise  of  the 
rights  of  ownership,  so  the  enjoyment  or  exer- 
cise of  a  right  of  servitude  may  be  conceived  as 
a  quasi-possession,  though  the  Roman  jurists 
sometimes  explicitly  deny  the  applicability  to 
them  of  the  conception  (e.g.  Dig.  43,  3,  8 ;  41, 
3,  4,  27 ;  8,  2,  32,  1),  and  sometimes  speak 
plainly  ot  possessio  or  quasi-possessio  jwis  (Dig. 
43,  26,  2,  3 ;  43,  19,  7 ;  46,  23,  2)  in  contrast 
^rith  possesno  corporis — the  possession  of  a 
tangible  thing — while  Javolenus  goes  so  far  as  to 
describe  specifically  the  exercise  of  serritudes  as 
a  taking  of  possession  (Dig.  8,  1,  20).  The 
extension  to  them  of  the  conception  of  possession 
was  important  when  we  consider  the  legal 
remedies  by  which  they  were  protected  :  for,  as 
an  owner  can  assert  his  dominium  in  its  legal 
aspect  by  an  action,  and  protect  its  actual 
exercise  (^possessw)  by  an  interdict,  so  servitudes 
came  by  analogy  to  be  the  subject  of  both  kinds 
of  remedies.  The  action  by  which  a  person 
entitled  to  a  servitude  was  protected  against  its 
infringement  by  any  person  whatsoever  was 
called  oonfesaoria  in  rem  (Dig.  8,  5,  2,  pr.),  its 
objects  being  judicial  acknowledgment  of  the 
plaintiff's  right,  removal  of  any  impediment  to 
its  exercise,  compensation  for  intexference,  the 
entering  into  by  the  defendant  of  a  **  cautio  de 
non  amplius  turbando  "  (Dig.  7,  6,  5,  6 ;  8,  5, 7). 
In  Publician  form  [Px7bliciana  Actio]  it 
could  be  brought  by  any  person  who  bond  fide 
|)oss«s6ed  the  praedium  dominanSy  or  in  whose 
favour  the  bond  fide  possessor  of  property  had 
in  good  fiiith  constituted  a  servitude  over  it.  If 
a  servitude  was  unjustly  claimed  over  property, 
its  owner  could  take  the  offensive  by  bringing 
an  €u:tio  negatoria  in  rem  against  the  claimant ; 
its  object  being  to  establish  the  freedom  of  the 
property  from  the  alleged  right,  damages,  and 
secarity  against  future  disturbance.  The  plain- 
tiff'had,  of  course,  to  prove  the  freedom  of  his 
property  (Gaius,  iv.  3  ;  Dig.  8,  5).  The  quasi- 
possessor  of  a  personal  servitude,  who  had 
^  detention  "  of  the  object  over  which  it  existed, 
could  use  the  interdicts  utrubi  and  de  precario 
(Dig.  43,  26,  2,  3)  in  their  original,  and  uti 
possidetis  and  de  n  in  their  tstUis  form  (Dig.  43, 
17,  4;  ib.  16,  3,  15-17).  So  far  as  rustic 
servitudes  are  concerned,  the  various  rights  of 
way  and  water  were  protected  by  special  inter- 
dicts— de  iHnere  actuqiie  privato  (Dig.  43, 19),  cb; 
aqua  (Dig.  43,  20^  de  rivis  (Dig.  43,  21),  de 
fonte  and  de  fonte  reficiendo  (Dig.  43,  22).  As 
to  the  application  of  interdicts  to  urban  servi- 
tudes, there  is  a  difference  of  opinion ;  but  the 
better  view  would  seem  to  be  that  only  affirma- 
tive rights  of  this  class  were  thus  protected 
(Dig.  43,  17,  3,  6  ;  43,  23). 

Some  limitations  were  im]x>sed  on  the  exercise 
of  ownership  at  Rome,  either  upon  religious 
grounds  or  in  the  interest  of  neighbours  or  of 
the  public  generally,  an<l  these  are  sometimes 
called  *' legal  servitudes,"  though  the  name  is 
inappropriate  because  the  property  can  hardly 
be  termed  **  servient "  in  the  sense  of  a  genuine 
servitude.  To  considerations  of  religion  were 
due  the  rules  relating  to  finis,  a  space  of  five 
feet  in  width  between  adjoining  estates,  which 
it  was  not  permitted  to  cultivate,  but  which 
was  held  sacred  and  was  used  by  the  owners  of 


the  adjoining  lands  for  sacrifice.  To  this  class 
aFso  belong  the  rules  that  if  a  man  had  buried  a 
dead  body  on  the  land  of  another  without  his 
consent,  he  could  not  as  a  general  rule  be  com- 
pelled to  remove  the  body,  but  was  bound  to 
make  recompense  (Dig.  11,  7,  2,  7,  8) ;  and  that 
the  owner  of  a  burial-ground  to  which  there  is 
no  other  access  may  demand  a  way  to  it  over 
adjoining  land  upon  paying  reasonable  compen- 
sation to  the  owner  of  the  latter  (Dig.  12,  7, 
12,  pr.).  Among  restrictions  imposed  upon  the 
exercise  of  ownership  in  the  interests  of  adjoining 
proprietors  are  the  following : — 1.  A  man's  duty 
to  fell,  at  his  neighbour's  request,  trees  which 
grow  in  his  own  land,  but  which  hang  over  the 
other's  house  or  other  building  (Dig.  47,  27, 

1.  pr.>6),  and  to  cut  branches,  less  than  fifteen 
feet  from  the  ground,  which  hang  over  any 
adjoining  land  which  is  not  his  own  (Dig.  ib.  1, 
7-9).  2.  The  rule  permitting  a  man  to  go  on 
his  neighbour's  premises  to  gather  the  fruits 
which  had  fallen  thereon  from  his  own  trees : 
with  this  limitation,  that  he  could  go  only 
"tertio  quoque  die"  (Dig.  43,  28).  3.  The 
limitations  described  under  the  head  of  Aqua 
Pluvia. 

"Legal  servitudes"  established  in  the  in- 
terest of  the  public  at  large  comprise : — 1.  A 
man's  obligation  to  allow  any  one  to  come  on 
his  land  in  search  of  or  for  the  removal  of  his 
property  fDig.  10,  4,  15  ;  39, 2,  9, 1 ;  19, 1,  25). 

2.  The  obligation  of  an  owner  of  the  bank  of  a 
navigable  river  to  allow  persons  in  charge  of 
boats,  &c  to  land  thereon,  make  fast  their 
vessels,  and  do  all  other  acts  required  by  their 
business    (Inst.    ii.  1,   4 ;    Dig.   1,   8,  5,  pr.). 

3.  According  to  the  Twelve  Tables,  every  owner  <*/ 
of  land  in  Rome  was  required  to  leave  a  vacant 
space  two  feet  and  a  half  in  width  round  any 
building  that  he  erected  (fegitimum  spatium, 
legitimus  modus) :  consequently  between  two 
adjoining  bouses  there  must  be  an  interval  of 
five  feet.  This  law  was  doubtless  often  dis- 
regarded, for  after  the  fire  in  Nero's  reign  (Tac. 
Ann.  XV.  43)  it  was  forbidden  to  build  houses 
with  a  common  wall  {cominunio  parietum),  and 
the  old  hgitimwn  spatium  was  required  to  be 
observed :  see  Dig.  8,  2,  14,  where  it  is  referred 

to  in  a  rescript  of  Antoninus  and  Verus.  4.  Rules 
as  to  the  height  and  form  of  buildings.  Augus- 
tus (Suet.  Aug.  89)  fixed  the  height  at  70  feet, 
and  after  the  great  fire  Nero  made  some  regula- 
tions on  the  same  subject:  by  Trajan  the 
maximum  height  was  fixed  at  60  feet.  5.  The 
owner  of  land  adjoining  a  public  road  must,  if 
the  latter  is  partly  destroyed  by  floods  or  other- 
wise, surrender  a  portion  of  his  estate  in  lieu 
thereof  (Dig.  8,  6,  14,  1;  43,  8,  2,  21). 
6.  Under  the  later  Roman  law  a  landowner  was 
compelled  to  allow  explorations  on  his  land  for 
minerals  in  consideration  of  a  royalty  of  one-tenth 
the  wealth  extracted  (Cod.  11,  6,  3,  6)  ;  and  the 
rule  declared  that  the  owners  of  lands  adjoining 
public  aqueducts  must  permit  materials  to  be 
taken  therefrom  for  these  public  purposes  upon 
receiving  proper  compensation.  7.  The  owner  of 
timber  which  another  had  built  into  his  house 
or  vineyard  (tignum  junctum  aedibus  vineaeve) 
could  not  claim  it  by  action  until  permanently 
severed,  though  when  severed  he  could  recover 
it,  and  in  the  meanwhile  was  entitled  to  demand 
double  its  value  (Inst.  ii.  1,  29 ;— Dig.  41,  1,  7, 


656 


SEBVU8 


SEBVU8 


10 ;  47,  3,  1).  8.  The  Twelve  Tables  forbade 
the  burning  or  burial  of  a  dead  body  within  the 
city ;  a  rule  which  was  enforced  by  a  Lex  Duilia, 
and  which  in  the  time  of  Antoninos  Pius  pre- 
vailed both  in  Rome  and  other  cities. 

(Gains,  ii.  28-33  ;  Inst.  ii.  tits.  3-5 ;  Dig.  7 
and  8 ;  Cod.  3,  33  and  34.  The  best  treatises  on 
the  subject,  apart  from  the  ordinary  Manuals  of 
Roman  law,  are  Luden,  Die  Lehre  von  den  Servi- 
tuten,  Gotha,  1837;  Hoffmann,  J)ie  Lehre  von 
den  Servituten  nack  rdm,  Hechte,  2  vob.,  Darm- 
stadt, 1838, 1843 ;  Zielonacki,  Kritisohe  Er&rter^ 
wngen  Uber  die  Servituteniehre  nach  rdm,  Beckte^ 
Breslao,  1849 ;  Elvers,  Die  rdm,  Servitutenlehre, 
Marburg,  1854-1856 ;  Schonemann,  Die  Servi' 
iuten,  1866 ;  Molitor,  La  Possession  ,,,  et  les 
Serviivtes  en  Droit  romat'n,  Gand,  1851,  pp.  291 
sqq.  For  the  so-called  Legal  Servitudes,  cf. 
Dirksen's  essay,  Ueber  die  gesetzliohen  BeschrSnk' 
wtgen  des  JBigenthumSf  &o.  in  the  Zeitschrift  fOr 
gesch.  Rechtswiss.  p.  16  s^.)  fJ.  B.  M.] 

SEBYUS,  1  (Greek).  The  Greek  SovAos,  like 
the  Latin  servus,  corresponds  to  the  usual  mean- 
ing of  our  word  "  slave."  Slavery  existed  almost 
throughout  the  whole  of  Greece ;  and  Aristotle 
(Pol,  i.  3=p.  1253  b,  4)  says  that  a  complete 
household  is  that  which*  consists  of  slaves  and 
freemen  (oficla  Z\  r^Xciof  iK  Zo^Kup  mil  ^Acv- 
B4pt»f)f  and  he  defines  a  slave  to  be  a  living 
instrument,  a  living  chattel  (6  SovAof  l/Kifoi- 
Xoy  6pya¥ov,  JSth.  Nio.  viii.  13= p.  1161  b,  4; 
6  ZovXos  KT^fui  ri  l/wffvxoy,  Pol.  i.  4=p.  1253  b, 
32).  None  of  the  Greek  philosophers  ever  seem 
to  have  objected  to  slavery  as  a  thing  morally 
wrong :  Plato  in  his  perfect  State  only  desires 
that  no  Greeks  should  be  made  slaves  by  Greeks 
(de  Rep.  v.  p.  469  CX  and  Aristotle  defends 
the  justice  of  the  institution  on  the  ground  of  a 
diversity  of  race,  and  divides  mankind  into  the 
free  (jKM^poi)  and  those  who  are  slaves  by 
nature  (ol  p^u  SovAoi) :  under  .the  latter  de- 
scription he  appears  to  have  regarded  all  barba- 
rians in  the  Greek  sense  of  the  word,  and  there- 
fore considers  their  slavery  justifiable. 

There  was  a  tradition  that  in  the  most  ancient 
times  there  had  been  no  domestic  slaves  in 
Greece,  but  that  the  women  in  all  ranks  did  the 
house-work  themselves  (Herod,  vi.  137  ;  Phere- 
crat.  ap,  Ath.  vi.  p.  263  b=/r.  5,  M.).  We  find 
them,  however,  in  the  Homeric  poems,  our 
earliest  evidence  for  social  conditions  In  Greece : 
usually  prisoners  taken  in  war  (fioptdKtcroi), 
but  also  kidnapped,  and  freely  bought  and  sold 
(Od.  XV.  483).  They  were,  however,  at  that 
time  mostly  confined  to  the  houses  of  the 
wealthy.  As  on  the  one  hand  there  were  then 
none  of  the  scruples  of  later  times  about  enslav- 
ing Greeks,  so  on  the  other  the  condition  of 
slavery  brought  no  disgrace  with  it.  The 
fortune  of  war  levelled  all  distinctions ;  men 
and  women  of  good  and  even  princely  birth 
accepted  slavery  as  part  of  the  chances  of  life ; 
there  are  indications,  however,  as  Prof.  Mahaffy 
has  pointed  out,  that  such  a  well-born  slave 
might  be  treated  as  **  socially  his  master's  equal 
...  a  member  of  the  same  caste  society " 
(Social  Life  in  Greece f  ed.  3,  p.  57).  Eumaeus 
the  swineherd  and  Eurycleia  the  nurse  of 
Ulysses,  with  their  loyal  adhesion  to  the  cause 
of  their  absent  master,  are  among  the  most 
charming  figures  in  the  Odyssey ;  at  the  same 
time  they  enjoy,  as  confidential  upper  servants, 


all  the  comforts  of  life :  the  inevitable  dark 
side  of  the  institution  is  shown  in  the  &te  of 
Melanthius  and  the  erring  handmaids  (Od.  xxli. 
433-477). 

PredisJ  slavery  does  not  seem  to  have  existed 
in  the  Homeric  age ;  the  O^s  was  in  all  pro- 
bability a  free  man,  though  a  poor  and  despised 
one  (Helotes,  Vol.  L  p.  940  a ;  Theteb>  But 
not  long  afterwards  we  find  serfs  ascripti  glAae^ 
mostly,  as  in  mediaeval  times,  the  result  of 
conquest  and  migration.  Such  were  the  Helots 
of  Sparta  [Helotbb],  the  Penestae  of  Thessalj 
[Penestae],  the  Aphamiotae  or  Clarotae  of 
Crete  (Cailistr.  ap.  Ath.  vi.  263  f ;  Coau).  To 
these  may  be  added,  although  they  are  little 
more  than  names  to  us,  the  Bithynians  at 
Byzantium  (Phylarch.  ap,  Ath.  vi.  271  b; 
called  wpovyucoif  Poll.  vii.  132^  the  Mariandjni 
at  Heradea  in  Pontus  (Posidon.  ap,  Ath.  ri. 
263  d ;  Strabo,  xii.  p.  542),  and  the  Cyllyrii  st 
Syracuse  (KvW6pioif  HezYid.  vii.  155;  Ka\Xt- 
Kiptoi,  Suid.  s,  v.,  Zenob.  Cent,  iv.  54;  KiXAi- 
K^ptoi,  Phot.  8.  v.y  Domestic  slaves  acquired  by 
purchase  (jStpyvpAnfrot  or  xpvoi^nfroi,  cf.  Isocr. 
Plataic.  §  18  ;  Cailistr.  ap,  Ath.  vi.  263  e)  were 
entirely  the  property  of  their  masters,  and  could 
be  disposed  of  like  any  other  goods  and  chattels: 
these  were  the  8oSXoi  properly  so  called,  and 
were  the  kind  of  slaves  that  existed  at  Atheu 
and  Corinth.  In  commercial  cities  slaves  were 
very  numerous,  as  they  performed  the  work  of 
the  artisans  and  manufacturers  of  modern 
towns.  In  poorer  republics  which  had  little  or 
no  capital,  and  which  subsisted  wholly  by  agri- 
culture, they  would  be  few :  thus  in  Phods  sod 
Locria  there  are  said  to  have  been  originally  do 
domestic  slaves.  (Timae.  ap.  Ath.  vi  p.  264  c; 
Clinton,  F.  H,  vol.  ii.  pp.  411,  412.)  The 
majority  of  slaves  were  purchased;  few  com- 
paratively were  bom  in  the  family  of  the  msst«r, 
partly  because  the  number  of  female  slaves  was 
very  small  in  comparison  with  the  male,  sod 
partly  because  the  cohabitation  of  slaves  vas 
discouraged,  as  it  was  considered  cheaper  to 
purchase  than  to  rear  slaves.  A  slave  horn  in 
the  house  of  a  master  was  called  ohcifrpt^,  in 
contradistinction  to  one  purchased,  who  was 
called  oU^s,  ([Dem.]  de  Synt  p.  173,  §  24: 
Ammon.  and  Suid.  s.  v,)  If  both  the  father  and 
mother  were  slaves,  the  offspring  was  called 
ifi^iHovXos  (Eustath.  ad  Od,  ii.  290):  if  the 
parents  were  o/«e^pi/3ci,  the  ofl&pring  was  called 
QiKorpifiatos  (Pollux,  iii.  76). 

It  was  a  recognised  rule  of  Greek  natioBsl 
law  that  the  persons  of  those  who  were  takea 
prisoners  in  war  became  the  property  of  the 
conqueror  (Xen.  Cgr,  vii.  5,  §  73),  but  it  wm 
the  practice  for  Greeks  to  give  liberty  to  those 
of  their  own  nation  on  payment  of  a  raosom. 
Consequently  almost  all  slaves  in  Greece,  with 
the  exception  of  the  serfs  above  mentiimed, 
were  barbarians.  It  appears  to  follow  from  • 
passage  in  Theopompus  (op.  Ath.  vi.  p>  265  b) 
that  the  Chians  were  the  first  who  carried  oo 
the  slave  trade;  and  there  the  slaves  were 
more  numerous  in  comparison  with  the  free 
inhabitants  than  in  any  other  place  except 
Sparta  (Thuc  viii.  40).  In  the  early  ages  of 
Greece,  a  great  number  of  slaves  was  obtained 
by  pirates,  who  kidnapped  persons  on  the  cossts, 
but  the  chief  supply  seems  to  have  come  fnan 
the  Greek   colonies  in  Asia  Minor,  who  had 


SEBYUS 


SEBVUS 


667 


abandant  opportunities  of  obt«ining  them  from 
their  own  neighbourhood  and  the  interior  of 
Asia.  A  considerable  number  of  slares  also 
came  from  Thrace,  where  the  parents  frequently 
sold  their  children  (Herod,  r.  6). 

At  Athens,  as  well  as  in  other  states,  there 
was  a  regular  slare  market,  called  the  k^kKos 
(Harpocrat.  s.  o.X  because  the  slaves  stood  round 
in  a  circle.  They  were  also  sometimes  sold  by 
auction,  and  appear  then  to  hare  been  placed  on 
a  stone  called  the  woteHip  XiSos  (Pollux,  iii.  78) : 
the  same  was  also  tne  practice  in  Rome,  whence 
the  phrase  Aomo  de  hpide  empiua,  [Aucno.] 
The  ilave  market  at  Athens  seems  to  hare  been 
held  on  certain  fixed  days,  usually  the  first  day 
of  the  month  (ravfti|Wa,  Aristoph.  Eq,  43,  with 
Schol.).  The  price  of  slaves  naturally  differed 
according  to  their  age,  strength,  and  acquire- 
ments. ^  Some  slaves,"  says  Xenophon  {Mem,  ii. 
5,  §  2),  ''are  well  worth  two  minas,  others  hardly 
half  a  mina ;  some  sell  for  five  minas  and  others 
e%'en  for  ten;  and  Nicias  the  son  of  Niceratus  is 
said  to  have  given  no  less  than  a  talent  for  an 
overseer  in  the  mines.**  Boeckh  (P.  E,  p.  67  ff.  = 
SthJL*  L  85  ff.)  has  collected  many  particulars 
respecting  the  price  of  slaves ;  he  calculates  the 
value  of  a  common  mining  slave  at  from  125  to 
150  drachmas.  The  knowledge  of  any  art  had 
a  great  influence  upon  the  value  of  a  slave.  Of 
the  thirty-two  or  thirty-three  sword-cutlers 
who  belonged  to  the  father  of  Demosthenes, 
some  were  worth  five,  some  six,  and  the  lowest 
more  than  three  minas ;  and  his  twenty  couch- 
makers  together  were  worth  40  minas  {in 
Aphch.  i.  p.  816,  §  9).  Considerable  sums  were 
paid  for  courtesans  and  female  players  on  the 
cithara ;  twenty  and  thirty  minas  were  common 
prices  for  such  (Ter.  Adelph.  iii.  1,  37,  iii.  2, 15, 
iv.  7,  24 ;  Pkorm.  iii.  3,  24) :  Neaera  was  sold 
for  thirty  minas  (Demosth.  c.  Neaer.  p.  1354, 
§29> 

The  number  of  slaves  was  very  great  in  Athens. 
According  to  the  census  made  when  Demetrius 
Phalerens  was  archon  (BX3.  309),  there  are  said 
to  have  been  21,000  free  citizens,  10,000  metoecs, 
and  400,000  slaves  in  Attica  (Gtesicles,  tm. 
Ath.  vi  p.  272  c).  This  statement  was  formerly 
criticised  on  account  of  the  immense  disproportion 
between  the  slave  population  and  the  free  (Hume, 
Essays^  i.  419,  ed.  Green  and  Grose ;  Niebuhr, 
Hist,  of  Homey  vol.  ii.  note  143).  It  is  now 
admitted,  with  Boeckh  (P.  E.  p.  36  =  Sthh*  i. 
47)  and  Clinton  (P.  if.  ii.  p.  391),  that  in  com- 
puting the  citizens  and  metoecs  the  object  was 
to  ascertain  their  political  and  military  strength, 
and  hence  the  census  of  only  males  of  full  age 
was  taken ;  while  in  enumerating  slaves,  which 
were  property,  it  would  be  necessary  to  compute 
all  the  individuals  who  composed  that  property. 
Boeckh's  estimate,  of  a  total  population  of 
500,000,  made  up  of  90,000  citizens,  45,000 
resident  aliens,  and  365,000  slaves,  is  regarded 
us  approximately  correct  (BHchsenschfltz,  Gttll, 
Frinkel).  During  the  occupation  of  Decelea  by 
the  Lacedaemonians  more  than  20,000  Athenian 
^  slaves  escaped  to  that  place  (Thuc  vii.  27). 
From  Hypereides  (/r.  33,  Sauppe,  ap,  Suid. 
9.  e.  iarwi^i^i^aro)  it  appears  that  there  were  at 
least  150,000  adult  male  slaves  in  Attica ;  we 
know  that  the  numbers  of  females  and  children 
were  relatively  small  (see  above);  and  these 
figures  are  not  inconsistent  with  the  estimate 
▼OL.  u. 


just  given  for  the  total  slave  population  (cf.  note 
in  Boeckh,  SthA,*  i.  38).  Two  other  statements 
in  the  same  passage  of  Athenaeus  must  be  pro- 
nounced far  more  open  to  criticism ;  that  of 
Timaeus,  that  Corinth  once  had  possessed 
460,000,  and  that  of  Aristotle,  that  Aegina 
had  contained  470,000  slaves  (Ath.  vi.  272  b,  d  ; 
Schol.  Pind.  OL  viii.  30).  These  numbers  can 
only  be  understood,  especially  in  relation  to 
Aegina,  of  the  early  times  before  Athens  had 
obtained  possession  of  the  commerce  of  Greece. 
Bursian  has  further  pointed  out  that  they  may 
include  the  crews  of  an  immense  fleet  of  ships, 
and  the  slaves  belonging  to  merchants  settled 
abroad  {Geogr.  von  OriechetU.  IL  13  and  79): 
nevertheless,  we  hold  that  Boeckh,  in  his  later 
editions,  is  right  in  pronouncing  them  exag- 
gerated {Sthh.*  L  51).  We  need  not  suspect 
corruption  in  the  texts  of  these  authors ;  but 
the  best  minds  among  the  Greeks  were  without 
the  evidence  which  statistics  now  afford  of  the 
limits  of  population  that  can  be  supported  on  a 
given  area.  The  Corinthian  territory  was  much 
smaller  than  Attica,  and  at  least  as  moun- 
tainous ;  while  that  of  Aegina  does  not  exceed 
42  English  square  miles,  only  half  of  which  is 
capable  of  cultivation.  No  doubt  slaves  were 
closely  packed  as  regards  space ;  but  they  would 
require  their  choenix  of  com  a  day  (at  Corinth, 
Xowiicofi4rp€u  was  a  name  for  the  slsves,  Ath. 
/.  c.) ;  and  with  the  supposed  numbers,  Aegina 
would  have  been  dependent  upon  importation 
for  almost  the  whole  of  her  food.  The  light 
soil  of  Attica  grew  about  •  five-sevenths  of  the 
com  required  for  its  population  [Siros] ;  and  it 
is  unlikely  that  the  subsistence  of  any  Greek 
state  was  on  a  more  artificial  footing  than  this, 
or  that  ancient  commerce,  particularly  in  those 
early  times,  was  sufiiciently  organised  to  be 
equal  to  the  strain. 

At  Athens  even  the  poorest  citizen  had  a  slave 
for  the  care  of  his  household  (Aristoph.  Plut 
init.)^  and  in  every  moderate  establishment  many 
were  employed  for  all  possible  occupations,  as 
bakers,  cooks,  tailors,  &c.  The  number  possessed 
by  one  person  was  never  so  great  as  at  Rome 
during  the  later  times  of  the  Republic  and  under 
the  Empire,  but  it  was  still  very  considerable. 
Plato  {de  Eep,  ix.  p.  578  D,  £)  expressly  re- 
marks, that  some  persons  had  fifty  slaves  and 
even  more.  This  was  about  the  number  which 
the  father  of  Demosthenes  possessed  (m  Aphob,  i. 
p.  823,  §  31) ;  Lysias  and  Polemarchus  had  120 
(Lys.  m  Eratosth.  §  19^  Philemonides  had  300, 
Hipponicus  600,  and  Nicias  1000  slaves  in  the 
mines  alone  (Xen.  de  VecL  4,  §§  14,  15).  It 
must  be  borne  in  mind,  when  we  read  of  one 
person  possessing  so  large  a  number  of  slaves, 
that  they  were  employed  in  various  workshops, 
mines,  or  manufactories:  the  number  which  a 
person  kept  to  attend  to  his  own  private  wants, 
or  those  of  his  household,  was  probably  never 
very  large.  And  this  constitutes  one  great  dis- 
tinction between  Greek  and  Roman  slaves,  that 
the  labour  of  the  former  was  regarded  as  the 
means  by  which  an  owner  might  obtain  profit 
for  the  outlay  of  his  capital  in  the  purchase  of 
the  slaves,  while  the  latter  were  chiefly  em- 
ployed in  ministering  to  the  wants  of  their' 
master  and  his  family,  and  in  gratifying  his 
luxury  and  vanity.  Thus  Athenaeus  (vi. 
p.  272  e)  remarks,  that  many  of  the  Romani 

2  u 


658 


SEBYUS 


8EBYUS 


possess  10,000  or  20,000  sUres  and  even  more, 
but  not,  he  adds,  for  the  sake  of  bringing  in  a 
revenue,  as  the  wealthy  Nicias. 

Slaves  either  worked  on  their  masters'  account 
or  their  own  (in  the  latter  case  they  paid  their 
masters  a  certain  sum  a  day) ;  or  they  were  let 
out  by  their  master  on  hire  either  for  the  mines 
or  any  other  kind  of  labour,  or  as  hired  servants 
for  wages  (iiwo^pd).  The  rowers  on  board  the 
ships  were  usually  slaves  (Isecr.  de  Face,  §  48) ; 
it  is  remarked  as  an  unusual  circumstance  that 
the  seamen  of  the  Paralos  were  freemen  (Thuc. 
viii.  73).  These  slaves  either  belonged  to  the 
state  or  to  private  persons,  who  let  them  out 
to  the  state  on  payment  of  a  certain  sum.  It 
appears  that  a  considerable  number  of  persons 
kept  large  gangs  of  slaves  merely  for  the  pur- 
pose of  letting  out,  and  found  this  a  profitable 
mode  of  investing  their  capital.  Great  numbers 
were  required  for  the  mines,  and  in  most  cases 
the  mine-lessees  would  be  obliged  to  hire  some, 
as  they  would  not  have  sufficient  capital  to 
purchase  as  many  as  they  wanted.  Generally 
none  but  inferior  slaves  were  confined  in  these 
mines :  they  worked  in  chains,  and  numbers 
died  from  the  effects  of  the  unwholesome 
atmosphere  (Boeckh,  On  tkt  Silver  Mines  of 
Lauriony,  We  cannot ,  calculate  with  accuracy 
what  was  the  usual  raie  of  profit  which  a  slave- 
proprietor  obtained.  The  thirty-two  or  thirty- 
three  sword-cutlers  beloi^ing  to  the  fisther  of 
Demosthenes  produced  annually  a  net  profit  of 
30  minas,  their  purchase  value  being  190  minas, 
and  the  twenty  couch-makers  a  profit  of 
12  minas,  their  purchsse  value  being  40  minas 
(Demosth.  inAphcb,  i.  p.  816,  §  9).  The  leather- 
workers  of  Timarchus  produced  to  their  masters 
two,  the  overseers  three,  oboli  a  day  (Aeschin.  in 
lim.  §  97) :  Kicias  paid  an  obolus  a  day  for  each 
mining  slave  whom  he  hired  (Xen.  df  Ved.  4, 
§  14).  The  rate  of  profit  upon  the  purchase- 
money  of  the  slaves  was  naturally  high,  as  their 
value  was  destroyed  by  age,  and  thoM  who  died 
had  to  be  replaced  by  fresh  purchases.  The 
proprietor  was  also  exposed  to  the  great  danger 
of  their  running  away,  when  it  became  necessary 
to  pursue  them  and  offer  rewards  for  their  re- 
capture (a&erpa,  Xen.  Man,  ii.  10,  §  1,  2 ;  Plat. 
Protag.  p.  310  C).  Antigenes  of  Rhodes  was  the 
first  who  established  an  insurance  of  slaves. 
For  a  vearly  contribution  of  eight  drachmas  for 
each  slave  that  was  in  the  army,  he  undertook 
to  make  good  the  value  of  the  slave  at  the  time 
of  his  running  away  (Pseudo-Arist.  Oeoon.  ii. 
35).  Slaves  who  worked  in  the  fields  were 
under  an  overseer  (Mrpowos),  to  whom  the 
whole  management  of  the  estate  was  frequently 
entrusted,  while  the  master  resided  in  tiie  city ; 
the  household  slaves  were  under  a  steward 
.  (rofUas),  the  female  slaves  under  a  stewardess 
(rattia).    (Xen.  Owm.  9,  §  11 ;  12,  §  2.) 

The  Athenian  slaves  did  not,  like  the  Helots 
of  Sparta  and  the  Penestae  of  Thessaly,  serve 
in  the  armies ;  the  battles  of  Marathon  and  Ar- 
ginusae,  when  the  Athenians  armed  their  slaves 
(Pausan.  i.  32,  $  3;  Schol.  ad  Aristoph.  JUm. 
33X  were  exceptions  to  the  general  rule. 

The  rights  of  possession  with  regard  to  slaves 
differed  in  no  respect  from  any  other  property ; 
they  could  be  given  or  taken  as  pledges  (D«n. 
c.  Aph,  1.  p.  821,  §  24 ;  e.  Onet.  i.  p.  871,  §  27  ; 
cFantaen.  p.  967,  §  4))  and  in  cases  of  distraint 


were  among  the  first  "cattle*'  or  *'chatteb' 
seized  (Dem.  c.  Amhr^t,  p.  610,  §  56 ;  c.  Tfinoer. 
p.  762,  §  197).  Nevertheless,  Greek  slaverr, 
above  all  at  Athens,  will  compare  iavourablj 
with  the  same  institution  at  Rome,  or  as  practised 
by  Christian  nations  in  the  New  World.  Pia- 
tarch  thought  the  Spartan  slaves  the  most 
unhappy  in  Greece  (Zyc.  28);  but  the  Helots 
were  by  many  degrees  better  off,  sod  more 
humanely  treated,  than  the  droves  of  slaves  who 
tilled  the  laHfundia  of  the  Romans,  or  psstaitd 
their  flocks  in  Calabria  and  Sicily  (d  Crux, 
Vol.  I.  p.  567  6).  At  Athena,  again,  they  were 
allowed  a  degree  of  liberty  and  indulgence  which 
seemed  surprisiug  to  other  Greeks.  There  wis 
no  slave  costume  regulated  by  law,  and  differini; 
from  the  dress  of  the  citizens ;  the  slaves  were 
not  to  be  distinguished  externally  from  the 
lower  class  of  citizens,  and  in  the  ridier  hooaes 
were  often  better  clothed  than  these ;  only  the 
wearing  of  long  hair  was  not  allowed  them, 
which,  however,  was  only  worn  by  a  few  of  the 
citizens.  They  did  not  make  way  in  the  street ; 
they  could  not  be  struck,  for  fear  of  asnnlt' 
ing  a  freeman ;  and  thev  enjoyed  a  sancy  free- 
dom of  speech  (iinryopM).  The  writer  of  the 
tract  on  the  Athenian  polity,  in  Xenophon's 
works,  notices  these  points  as  characteristic  of  « 
commercial  state:  the  slaves  were  often  em- 
ployed in  making  money  for  their  masters 
([Xen.]  Eep,  Ath.  1,  §§  10-12).  They  were  ex- 
cluded from  the  gymnasium  (Aesdiin.  cl  J^marck. 
§  138 ;  Pint.  Sol,  34)  and  the  eodeda  (Aristoph. 
Tkesm,  294;  Pint.  Phoc,  34);  but  they  were 
not  forbidden  to  enter  the  temples  and  shrioes, 
or  to  assist  at  sacred  rites,  whether  public  or 
private  ([Dem.]  c.  Neaer,  p.  1374,  §  85).  On 
the  reception  of  a  newly-purchased  slave  into  a 
house  at  Athens,  it  was  the  custom  to  scatter 
sweetmeats  and  nuts  (Korax^/iara)  over  him, 
to  be  scrambled  for  by  his  fellow-servants;  but 
this  was  rather  for  the  sake  of  a  good  omeD 
than  on  the  slave's  own  account  (Aristoph.  PM' 
768,  with  Schol. ;  Dem.  c.  Steph.  L  p.  1123,  §  74« 
with  Sandys'  note;  Hermann-Blttmner,  Prmit' 
alterth.  p.  82). 

The  denial  of  lesal  rights  to  a  slave  led  to  t 
state  of  things  **idmost  grotesque  in  its  slisord 
cruelty  "  (Mahaffy,  p.  241),  which  however,  at 
least  in  the  time  of  Demosthenes,  was  ooa- 
siderably  mitigated  in  practice ;  the  law,  namely, 
by  which  the  taking  of  slaves'  evidence  va$ 
regulated.  When  it  is  said  that  such  eridencc 
in  courts  of  justice  was  always  taken  vitk 
.torture,  this  does  not  mean  that  it  was  the  rule 
to  torture  slaves  who  gave  evidence  to  a  ftct, 
but  only  if  they  denied  any  knowledge  or 
appeared  to  suppress  it  in  the  interest  of  thdi 
master.  The  giving  of  independent  evidence  was 
a  personal  privilege  of  freemen,  whether  dtisew 
or  aliens,  but  excluding  women  and  infi^ 
[Mabttbia,  imt.ll ;  hence  the  testimony  of  sbres 
could  not  be  resorted  to  in  the  first  iostsace 
with  the  honest  desire  of  getting  at  the  ftcts  of  a 
case.  ¥n&at  happened  was  this.  It  was  sssum^d 
that  slaves  through  dread  of  their  mailer^s  to- 
geance  would  always  support  his  view  of  tw 
case,  but  that  the  truth  might  be  didtcd  if 
they  were  tortured  by  the  other  side.  Hence 
we  find  that  in  any  dUpnte  between  two  citiaeM 
about  the  most  trifling  sum  of  money,  or  if  (a* 
in  the  speech  of  Antlphon  dt  CSonrvte)  it  v» 


SEBYUS 


8EBYUS 


659 


Attempted  from  Tindictire  motiTM  to  import  a 
criminal  charge  into  a  case  which  was  primd 
Jade  accidental,  either  might  challenge  {yt^ 
jcoXcTrtfcu)  the  other  to  give  up  his  ilaTea  for 
torture,  or  tender  his  ovm  to  be  similarly  exa- 
mined,  on  the    mere   chance   that  something 
might  be  prored.    To  call  for  the  production  of 
•lares  in  this  way  was  i^pxtuvy  to  comply  with 
the  demand  itAtJUmu  (Dem.  c.  Onet,  i.  p.  874, 
§§    35,   36).    We  see  this  theory  in  its  most 
repulsiTS  shape  in  Antiphon,  the  oldest  of  the 
extant  orators  (cf.  Antiph.  cfe  OMdl  Herod.  §  49, 
4Me  Choreyi,  §  25 ;  Mahaffy,  /.  c) ;  in  the  pros- 
perous   days    of   the    Peloponnesian    war    the 
Athenians  seem  to  hare  been  harder-hearted 
than  they  afterwards  became  under  the  influence 
of  misfortune ;  and  in  the  time  of  Aristophanes 
the   torture  was  an  erery-day  or  at  least  ft«- 
qacnt  incident  in  the  law  courts  (0Tp«/9Xovr« 
ica2  ac«d((tr«,  Nvb.  620).    Afterwards,  though 
the  law  remained  the  same,  a  stronger  feeling  of 
hamanity  sprang  up,  which  finds  Ita  expression 
an  many  passages  of  Demosthenes  (e.g.  c  Nioontr. 
p.  1253, 1  22 ;  c  Odnon.  p.  1265,  f  27);  excuses 
were  made  for  not  complying,  though  the  other 
side  made  a  strong  point  of  the  reftisal;  the 
challenge  was  put  forward  as  a  manoeuyre  to 
gain  time,  or  with  the  hope  of  scoring  a  point 
with  the  jury,  but  with  no  serious  expectation 
that  it  would  be  complied  with.    The  Private 
Orations  in  general  leave  the  impression  that,  in 
thia   one  respect,  Athenian  practice  was  more 
humane  than  the  theory.    In  his  action  against 
hia  guardian,  Demosthenes  himself  demands  the 
tortnre  of  three  female  slaves   on    the  point 
whether  Onetor's  sister  has  really  (and  not, 
aa  he  contends,  coUusiTely)  been  divorced  by 
Aphobus ;  Onetor,  who  ultimately  lost  his  cause, 
haa  the  grace  to  refuse  the  demand  (Dem.  c.  Onet. 
1.   c  ;  for  another  example,  lee  Lysias,  Or,  4, 
wcpi   rev  rpo^/iorof,  §   12).      Other  questions 
connected  witli  the  torture  of  slaves  are  dis- 
cnaaed   onder  TORMEiiTUM.      In  his  relations 
with  hia  master  a  slave  might  naturally  expect 
corporal  chastisement,  which  was  the  last  mode 
of  pvniahment  inflicted   on  a  freeman  (Dem. 
c.  I%moer,  p.  752,  §  167);  but  in  the  case  either 
of  extreme  cruelty  or  of  outrage  against  his 
chastity,  he  could  take  sanctuary  in  the  temple 
of  Theseus  [Astlum ,  Vol.  I.  p.  235  6],  and  there 
claim  the  privilege  of  being  sold  away  from 
his   oppressor  (nSurtp  aSnitr,  Plut.   Thea.  36; 
PoUax,  vii.  13 ;  Aristoph.  Eq,  1312  with  Schol. ; 
AU.  Froceti,  p.  625  f.,  lipsius).     His  life,  unlike 
that  of  Roman  slaves  in  rejgublican  times,  was 
safe  even  from  his  master ;  he  could  not  be  put 
to  death  without  legal  sentence  (Eurip.  Heo.  291, 
292 ;  Antiph.  de  coed,  Herod.  {  34).    But  the 
barbarous  rule  that  if  a  master  were  murdered 
(even,  it  seems,  if  his  life  were  attempted),  and 
the  perpetrator  remained  undetected,  the  whole 
houMhold  should  be  executed,  previdled  also  at 
Athena  (Antiph.  op.  dt.  §  69 ;  Mahaffy,  p.  243). 
I  Against  assault  or  outrage  by  any  one  else  than 
,  his  master  the  slave  was  protected  by  law.  (See 
HrBttJB,  Vol.  I.  p.  983  6,  and  the  references 
there.) 

Notwithttafiding  the  oomparatively  mild 
treatment  of  slaves  in  Greece,  their  insurrection 
wss  not  Qnfreqnent  (Plat.  Legg.  vi.  p.  777  C) : 
but  in  Attica  these  insurrections  were  mostly 
confined  to  the  mining  slaves,  who  were  treated 


more  harshly  than  the  others.  On  one  occasion 
they  murdered  their  guards,  took  possession  of 
the  fortifications  of  Sunium,  and  fh>m  this 
point  ravaged  the  country  for  a  considerable 
time  (Ath.  vL  p.  272  f). 

Slaves  were  sometimes  manumitted  at  Athens, 
though  not  so  frequently  as  at  Rome;  but  it 
seems  doubtful  whether  a  master  was  ever 
obliged  to  liberate  a  slave  against  his  will  for  a 
certain  sum  of  money,  as  some  writers  have  con- 
cluded from  a  passage  of  Plautus  (Casin.  ii.  5, 
7).  Those  who  were  manumitted  (aTtXe^epoi) 
did  not  become  citizens,  as  they  did  at  Rome, 
but  passed  into  the  condition  of  metoecs.  They 
were  obliged  to  honour  their  former  master  as 
their  patron  (jvpwrrAnisyf  and  to  fulfil  certain 
duties  towards  him,  the  neglect  of  which  ren- 
dered them  liable  to  the  9(iai  iaroarofflov,  by 
which  they  might  again  be  sold  into  slavery 
[tiBBBTUB,  p.  62  a ;  Afo8TA8IOU  Diici,  Afbo- 
STASioa  DiKi,  in  Vol.  I.]. 

Respecting  the  public  slaves  at  Athens,  see 
Demosii. 

It  appears  that  there  was  a  tax  upon  slaves 
at  Athens  (Xen.  de  Ved.  4,§  25%  which  Boeckh 
(P.  JS.  pp.  331,  332  =  Sthh.*  i.  403)  supposes 
was  three  oboli  a  year  for  each  slave;  it  is 
more  probable,  however,  that  this  was  a  tax 
upon  the  import  of  slaves,  and  theit  transfer  by 
sale,  not  a  license  duty  paid  annually  by  their 
owners  (Friinkel,  n.  546  on  Boeckh). 

AtUhorities. — Boeckh,  book  i.  cc  7, 13,  book 
iii.  c  7 ;  K.  F.  Hermann,  Staataalterth.  §  114 ; 
Hermann-Blumner,  Pritatalterth.  §§  12,  13; 
SchOmann,  Antiq.  i.  348-^53,  £.  T.;  Gilbert, 
StaateaHertk  i.  163-169  ;  Mahaffy,  Social  Life 
in  Oreecey  ed.  3,  p.  240  ff. ;  and  esp.  Becker-Gtfll, 
C^ariklesy  iii.  pp.  1>47 ;  Buchsenschtits,  Besitz 
undErwerh,  pp.  104-208.       [W.  S.]    [W.  W.] 

SEBVU8,  %  (Roman),  SElttVITUS.  In  the 
writings  of  the  Roman  jurists  and  philosophers 
slavery  appears  as  the  chief,  if  not  the  only, 
instance  of  an  opposition  between  the  jut  ger^ 
than  and  the  jus  wxturaie.  That  it  was  contra 
naturam  is  repeatedly  stated^  as  by  Justinian,  m 
Inst.  i.  3,  2  (*'  servitus  ....  qua  quu  dominio 
alieno  contra  naturam  subjicitur  **),  following 
Florentmus  in  Dig.  1,  5,  4  (cf.  Inst.  L  2,  2 ; 
Athen.  vi.  pp.  263,  267  ;  Macrob.  Sabim.  i.  7  ; 
Augustin.  de  Cimtate  Dei,  xix.  15 ;  Dig.  12,  6, 
64;  Cod.  7,  24),  though  the  philosophers  had 
considered  some  forms  at  least  of  slavery  as 
natural  (Aristot.  Pol.  i.  2,  §§  15, 18 :  cf.  Cic  de 
Rep.  iii.  25,  37).  That  it  was  due  to  the  jue 
gewtium,  or  universal  practice  of  mankind,  is 
affirmed  by  Gains  (i.  52) ;  Ulpian  in  Dig.  1,  1, 
4,  pr. ;  Luctatius,  in  Stat.  Theb.  v. ;  Dig.  12,  6, 
64:  the  notion  being  perhaps  based  on  the 
hjrpothesis  of  a  tacit  compact  between  the 
peoples  of  the  earth,  as  is  suggested  by  Aris- 
totle— 6  yitp  p6fios  dfioXoyia  ris  Itrriy,  ir  f  rh. 
Kork  ir6KtfMP  Kpeere^pueva  rmw  Kparodrrttr 
etpoi  ^atruf  (Pol.  i.  2). 

The  relation  of  the  master  to  his  slave  is 
expressed  by  the  term  dominium,  as  in  the  pas- 
sage cited  above  from  the  Institutes :  cf.  Dig. 
50,  16,  215;  Aristot.  Pol.  i.  2,  4,  i  9ovKos 
oh  laAwoir  dctfV^Tsv  8evAof,  iAA&  ....  Zx»s 
iitAmn :  t&.  7,  4  /i^  tAro^f  ....  &XA'  JSlKKov  (cf. 
JBtk,  Niocm.  iv.  8) ;  Zeno  in  Diog.  Laert.  vii. 
121,  8ovAf  fc^  ffr4^iiffts  a^ompayias :  Dion  Chry- 
sost.  Or,  15.    The  master  is  domimit  of  his 

2  u  2 


660 


8EBVUS 


slare  jast  as  he  is  domimu  of  his  hones  or  any 
other  object  of  property,  among  which  he  is 
classified  as  a  res  mancipi  by  Ulpian  iSeg.  19,  1} 
and  Gains  (ii.  15):  the  slave  is  conceived  not  as 
a  periona,  bnt  as  a  res  [Caput  :  cf.  Dig.  50,  17, 
209,  **  servituteoi  mortalttati  fere  compara- 
mus"],  and  the  master  may  accordingly  deal 
with  him  jost  as  he  may  with  any  other  res  of 
which  he  is  owner ;  he  may  sell  him,  and  has 
jus  vitae  necisque  over  his  person  (Gains,  i.  52 : 
cf.  Dionys.  vii.  69  ;  Pint.  Caio  Major,  21 ; 
Appian,  B,  C,  i.  98).  But  there  are  points  in 
which  the  slave  stands  on  a  different  footing 
from  other  res.  The  master  is  said  to  exercise 
potestas  over  him,  a  term  properly  descriptive 
of  control  only  over  reasonable  beings  (*^  verbum 
potestatis  non  solum  ad  liberos  trahimns,  verum 
etiam  ad  servos,"  Dig.  24, 1, 3 :  cf.  Inst.  i.  8, 1) ; 
and  between  **  power  **  over  a  filiusfamilias  and 
^  power  "  over  a  slave  there  was  originally  per- 
haps little  difference,  though  in  other  respects 
the  former  always  occupied  a  very  superior 
legal  position  to  the  latter.  It  was  through 
this  potestas  that  the  slave  became,  as  it  were, 
a  member  or  limb  of  the  domwius,  whereby  he 
could  act  as  his  agent  in  commerce,  and  acquired 
capacity  to  be  heir  or  legatee  under  a  will.  But 
a  person  who  had  a  mere  nudum  jus  QuirUium 
in  a  slave  had  no  potestas  over  him :  he  must  at 
least  have  him  in  bonis  (Gains,  i.  54).  Again, 
unlike  a  mere  animal^  a  slave  could  become  free, 
and  thus  a  persona^  and  his  apts  and  dispositions 
tntail  legal  consequences  as  well  on  his  master 
ai  on  himself.  Lastly,  the  tie  of  kinship  is 
itcognised ;  the  respect  which  a  child  owes  to 
its  parents  is  due  even  between  such  relations 
who  have  been  manumitted  (Dig.  2,  4,  4,  SX  and 
who  are  also  debarred  from  intermarrying  if 
Within  the  degrees  prohibited  by  law  (Inst.  i. 
10,  10  ;  Dig.  23,  2,  14,  2). 

The  extreme  exercise  of  a  master's  strict 
right  to  deal  with  the  person  of  his  slave  iu  any 
way  he  pleased  was  in  practice  considerably 
restrained  by  usage.  In  the  older  times  slaves, 
were  well  treated,  and  ate  frequently  at  the 
■ame  table  with  their  masters  (Macrob.  i.  7,  10, 
11 ;  Cato,  S,  B,  5),  of  whose  children  they 
were  the  instructors,  nurses,  and  playmates 
(Pint.  Cor.  24;  Cato  Major,  3,  20,  21 ;  Macrob. 
/.  c;  Plin.  H.  N.  xxxiii.  §  26;  Sen.  Epist.  47); 
and  a  master  who  starved  or  otherwise  ill- 
treated  his  slaves  was  punished  as  a  bad  dtisen 
by  the  censors  (Dionys.  fragm.  xx.  ed.  Mai.). 
The  slaves  also  shared  with  the  free  in  many  of 
the  privileges  and  offices  of  religion  (Dionys.  iv. 
14;  Cato,  JR.  B.  57).  Still,  when  the  Roman 
national  habit  had  been  corrupted  by  the  luxury  ^ 
and  brutality  of  the  Empire,  it  was  found  neces- 
sary to  legislate  against  excessive  cruelty.  A 
Lex  Petronia,  enacted  perhaps  as  early  as  Augus- 
tus, and  a  number  of  amending  senatusconsulta, 
forbade  the  arbitrary  sale  of  slaves  for  combating 
wild  beasts  in  the  arena,  even  though  they  had 
done  some  act  deserving^punishment  (Cell.  v.  14; 
Dig.  48,  8,  11,  1  and  2;  18,  1,  42).  On  the 
other  hand,  the  old  practice  of  putting  slaves 
to  the  torture  for  the  purpose  of  discovering 
'  their  master's  murderer  was  about  the  same 
time  made  a  universal  statutory  rule  by  the 
Senatusconsultum  Silanianum,  which  also  pun- 
ished those  who  refused  assbtance  to  the  master 
(Dig.  29,  5).    Gaudius  bestowed  freedom  on 


SEBYUB 

slaves  whom  their  masters  exposed  on  aecoant 
of  ill-health,  and  threatened  penalties  for  killini; 
them  under  such  circumstances  (Suet.  Claud. 
25) ;  and  Hadrian  forbade  the  killing  of  ilsves 
in  any  case  without  judicial  sanction  (Spsrtian. 
Badr.  18;  Dig.  1,  6,  18,  2).  Antoninus  Piu» 
enunciated  as  a  general  principle  that  slsy«« 
should  be  entitled  to  make  complaints  to  the 
praefectus  urbi  or  praetorio  of  ill-treatmf nt  at 
their  masters'  hands  (Dig.'  1,  12,  1,  8)  and 
obtain  protection  therefrom  (Cb//.  Leg,  Mot.  iii. 
2 ;  Dig.  1,  6,  2),  the  master  beinff  compelled  u 
sell  them  to  some  person  more  humane :  if  he 
caused  their  death,  he  was  (apart  from  ceitain 
excepted  cases.  Dig.  48,  5,  24 ;  48,  8, 1, 4,  &c.> 
subjected  to  the  penalties  of  the  Lex  Cornelia  de 
sicariis  (Gains,  i.  53;  Inst.  i.  8,  2).  It  wss  aim 
enacted  that  in  sales  or  divisions  of  property 
slaves  who  were  nearly  related  should  not  ht 
separated  (Dig.  21,  1,  35;  Cod.  3,  38,  1 IX  and 
that  praedial  slaves  upon  whom  the  trilmtam 
capitis  was  paid  should  not  be  removed  from 
the  land  to  which  they  were  attached  (Cod.  lU 
47,  7).  Tet  these  enactments  must  not  be  sap- 
posed  to  have  conferred  any  legal  rights  upoo 
the  slave:  they  merely  limited  the  general 
rights  of  ownership  on  grounds  of  expediencr, 
and  their'rationale  is  well  expressed  by  Gaiuf, 
who  says,  ^  male  enim  nostro  jure  uti  non  de- 
bemus:  qua  ratione  et  prod[igis  interdidtor 
bonorum  suorum  administratio  **  (L  53).  Vet 
in  the  rule  stated  by  Justinian  (Inst.  ir.  4, 7X 
that  the  damages  for  an  injuria  to  a  slave 
should  vary  according  to  his  position  and  em- 
ployment, we  approach  very  nearly  to  the  cos- 
ception  of  a  slave  as  having  a persotia  or  caput: 
**  hanc  enim,"  it  is  said,  ^  et  servum  sentire 
palam  est."  If  a  slave  was  injured  by  a  third 
person,  the  master  had  his  remedy  in  vsrioos 
civil  actions  (Gains,  iii.  210,  217,  223;  PaaL 
Sent  i.  13,  6 ;— Dig.  47,  10,  15,  34  and  3o ; 
11,  3,  IX  and  if  he  was  kiUed  wilfully  could 
prosecute  the  delinquent  under  the  Lex  Cornelia 
de  sicariis. 

Slaves  were  incapable  of  marriage  (««» 
legali)  of  any  kind,  but  a  permanent  oonnexioa 
between  two  slaves,  or  a  slave  and  a  free  person, 
was  called  contubemium  (Paul.  SenL  iL  19,6; 
Cod.  5,  5,  3X  Here  the  natural  relation  of 
parent  and  child  was  to  some  extent  recognised* 
e.g.  as  a  justa  causa  manumissioms.  Gains,  L  19: 
see  Aeua  Sbntia.  Lex.,  Accordingly,  ss  ha» 
been  remarked  above,  when  slaves  had  become 
free,  and  so  acquired  capadty  of  intermarriage, 
they  were  held  to  be  within  the  mics  as  to  pro- 
hibited degrees. 

A  slave  was  as  incapable  of  proprietary  as  of 
other  rights,  and  everything  conveyed  to  him, 
whether  by  mancipatio  or  traditio,  became  ip»} 
facto  the  property  of  his  master  (**  etiam  inriti^ 
nobis  per  servos  adquiritnr  paene  ex  ooiniba> 
causis,"  Dig.  41,  1,  32):  a  rule  sometime^ 
supposed  to  be  attributed  by  Gains  (I  52)  and 
Justinian  (Inst.  i.  8,  1)  to  the  Jos  Gentinm,  bat 
instances  to  the  contrary  are  foood  in  the 
Helots  (Pint  Lycurg.  24)  and  among  the  Ger- 
mans (Tac.  Qerm.  25X  If  one  master  had 
over  him  a  fii«fiim  jus  Quiritium  and  he  vss 
in  bonis  to  another,  his  acquisitions  belonged  to 
the  latter  only.  If  a  man  bond  fide  po«esseJ 
another  man's  slave  or  a  free  penon  bomd  f^ 
Servians,  he  only  acquired  in  two  cases,  being 


8EBYUS 

entitled  to  all  that  the  other  gmined  bj  means 
of  the  posMfSor's  property  (ex  re  ejus)  or  by  his 
own  labour  (ex  operis  atue):  the  law  was  the 
same  with  respect  to  a  slave  in  whom  a  man 
had  only  a  nsnfmct.    All  other  aoqaisition  of 
such  slaves  or  free  men  bond  fide  eervientes 
belonged,  according  to  their  condition,  to  their 
master  or  to  themselves.     If  a  slave  were  insti- 
tuted hereSf  he  could  only  accept  the  heredUtae 
with   the  consent  of  his  master,  in  whom  it 
vested  inunediately  on  acceptance ;  bat  legacies 
i>eqiieathed  to  him  became  the  master's  without 
any  necessity  for  acceptance  at  all  (Gains,  ii. 
a?,  &c). 

A  master  conld  also  aoqnire  possession  throngh 
his  slaves,  and  nsncapion  would  begin  to  run 
from  the  moment  of  its  acquisition :  but,  unless 
the  master  possessed  the  slave  himself,  the 
latter  could  not  acquire  possession  of  other 
things  for  him ;  for  instance,  this  could  not  be 
^one  by  a  slave  who  was  in  pledge  [PiONUB]. 
*  A  botutfide  possessor,  t>.  one  who  believed  the 
slave  to  be  his  own,  could  acquire  possession 
through  him  in  the  same  cases  as  those  in  which 
he  could  acquire  ownership,  which  excluded 
acquisition  for  the  pledgee  by  a  slave  in  pledge : 
and  a  usufructuary  acquired  possession  through 
the  slave  in  the  same  two  cases  as  the  bond'fide 
possessor ;  but,  as  he  did  not  possess  the  slave 
himself,  he  could  not  acquire  him  by  usucapio 
^Gaius,  ii.  93 ;  Inst,  ii  9,  4 :  cf.  Savigny,  Pos- 
sessionj  p.  314,  ed.  5). 

An  almost  necessary  modification  of  the 
above-stated  principles  resulted  from  the  com- 
mon employment  of  slaves  by  their  masters  in 
every  variety  of  service  and  occupation— as 
mechanics,  artisans,  clerks,  stewards,  business 
managers,  actors,  surgeons  and  physicians, 
teachers,  &c :  in  which  avocations  they  might 
by  industry  and  economy  (Dig.  15,  1,  39),  and 
even  by  pecuniary  advances  which  the  roaster 
often  mside  them  in  his  own  interest  (Plut. 
Cato  Major,  21),  accumulate  no  small  wealth, 
which  they  were  usually  allowed  by  special* 
permission  (conc^stto,  Dig.  15, 1,  4,  pr.  and  2)  to 
administer  on  their  own  behalf  under  the  name 
of  pecu/tom.  The  peculium  technically  remained 
part  of  the  mastei^s  property  (Dig.  41,  1,  37, 1), 
and  could  be  resumed  or  appropriated  by  him 
at  pleasure  (Dig.  15, 1,  8);  but  this  does  not 
appear  to  have  been  commonly  done,  the  prac- 
tice being  to  promise  slaves  their  freedom  if 
they  could  accumulate  a  pecuiium  of  a  certain 
value  (Dionys.  iv.  24;  Tac.  Atm.  xiv.  42). 
<>enerous  masters  even  allowed  them  sometimes 
to  dispose  of  it  on  their  death-bed  (Piin.  £p, 
Tiii.  16%  and  on  manumission  a  slave  was  by 
law  entitled  to  retain  his  peculium  unless  ex- 
pressly reserved  by  the  master  (fragm.  VaU 
261 ;  Dig.  15,  1,  53 ;  Cod.  7,  23 ;  Inst.  ii.  20, 
20).  The  institution  of  peculium  made  it  pos- 
sible for  contracts  to  be  entered  into  between 
masters  and  slave  (Dig.  15,  1,  49,  2),  from 
which,  it  is  true,  no  right  of  action  arose  (Gains, 
iv.  78  ;  Sen.  de  Bene/,  iit.  19),  but  which  never- 
theless ereated  a  ''  natural "  obligation  [Obuoa- 
Tio] ;  so  that,  if  after  the  slave's  manumission 
the  master  paid  him  a  debt  which  had  arisen 
before  it,  he  could  not  redemand  the  money  on 
the  ground  that  it  was  not  owed  (Dig.  12,  6, 
64X  and  hSs  own  debts  to  the  master  were 
discharged  by  automatic  reduction,  so  to  speak, 


8BBVUS 


661 


of  the  peculium.  In  the  event  of  external 
creditors  demanding  the  peculium  for  distribu* 
tion  among  themselves  on  the  ground  of  the 
slave's  insolvency,  debts  owing  to  his  msster  by 
him  were  first  taken  into  account  and  deducted 
(Dig.  15,  1,  5,  4;  t6.  9,  2);  and,  if  a  free  man 
became  surety  for  the  debt  of  a  slave  to  his 
master  or  any  one  else,  a  right  of  action  arose 
and  he  could  be  sued  (Gains,  iil.  119  ;  Inst.  iii. 
20,  1).  ServipiMicif  who  belonged  to  the  state, 
had  the  special  privilege  of  disposing  of  half 
their  peculium  by  will  (Ulp.  Seg.  xx.  16). 

The  contracts  which  a  slave  made  with  third 
persons  gave  rise,  so  far  as  he  himself  was 
concerned,  only  to  "  natural "  obligations,  and, 
though  the  master  could  sue  upon  them,  it 
was  a  doctrine  of  the  Jus  Civile  that  in  no 
case  could  any  liability  attach  to  the  maste)r 
upon  transactions  entered  into  between  other 
persons  and  those  in  his  power,  whether  slaves 
or  children :  "  melior  condido  nostra  per  servoa 
fieri  potest,  deterior  fieri  non  potest  (Dig.  50, 
17,  133).  In  this  respect,  however,  a  change 
was  made  by  the  praetor,  though  the  extent  to 
which  the  master  became  suable  varied  with 
the  circumstances  of  the  case.  Where  he  had 
either  expressly  or  by  implication  directed  or 
subsequently  ratified  the  slave's  contract,  he 
was  made  as  fully  liable  in  person  as  if  he  had 
actually  been  the  contracting  party,  the  proper 
action  being  quod  jussu  [JuBSU  QcrOD  Actio], 
ExERcnoRiA,  Institoria,  or  quasi-inttitortu 
(Gains,  iv.  70,  71 ;  Inst.  iv.  7, 1  and  2).  Where 
the  slave  engaged  in  trade  with  a  peculium  with 
his  master's  knowledge,  and  became  so  em« 
barrassed  as  to  be  unable  to  satisfy  his  trade 
creditors  in  full,  the  latter  could  demand  a 
distribution  of  the  peculium  among  themselves, 
so  far  at  least  as  it  was  invested  in  the  business 
(merx  peculiaris),  in  the  ratio  of  their  several 
claims:  the  division  was  made  by  the  master^ 
who  was  here  treated  as  an  ordinary  creditor, 
and  consequently  could  not  deduct  in  full  debts 
owing  to  himself,  though  he  was  entitled  to  a 
dividend  on  all  his  own  claims  whether  arising 
out  of  the  business  or  not  (Dig.  14,  4,  5*7); 
but  if  any  creditor  was  dissatisfied  with  hitt 
conduct  of  the  liquidation,  he  could  get  it 
judicially  reviewed  by  instituting  an  actio  tribu'* 
t>/ria  against  him  (Gains,  iv.  72 ;  Inst.  iv.  7,  8 ; 
Dig.  14,  4).  If  the  slave  made  contracts  with- 
out the  master's  knowledge  or  against  bis 
orders,  the  latter  might  be  liable  to  an  actio  da 
peculio  et  in  rem  verso  (Gains,  iv.  73 ;  Inst.  iv. 
7,  4),  in  which  the  judge  had  firstly  to  inquire 
whether  the  master  had  himself  derived  any 
material  advantage  from  the  contract  in  ques- 
tion, as,  if  this  were  the  case  (in  rem  versio%  his 
own  means  were  liable  to  that  extent ;  and  the 
benefit  which  he  had  obtained  might  have  been 
so  great  that  the  creditor  might  conceivably  get 
full  payment  in  this  manner,  as  e.g.  if  the  slave 
had  borrowed  ten  sestertia  and  spent  the  whole 
of  it  in  paying  his  master's  debts.  But  if  the 
latter  had  derived  no  material  advantage  from 
the  slave's  contract,  or  at  least  not  enough  to 
make  him  liable  to  the  creditor  m  ioUdtmif  the 
judge  had  to  inquire  into  the  amount  of  the 
slave's  peculium  (deducting  the  master's  own 
claims  against  it)  and  to  condemn  the  master  to 
pay  the  creditor  from  it  what  was  due  to  him, 
so  &r  at  least  as  it  extended  at  the  date  of  th« 


/ 


662 


BEBYUB 


SEBYUS 


condemnation  (Dig.  15, 1, 30,  pr.).  In  deducting 
the  master's  own  claims,  any  debt  owed  by  the 
sla^e  to  another  slave  of  the  same  master,  bat 
who  was  part  of  the  debtor's  ovm  pecuiium  (as 
was  the  case  with  aervi  vicarii,  Dig.  15, 1,  17), 
was  not  considered  (Dig.  17,  1,  17)^  The 
master's  liability  to  the  <Ktio  de  peculio  lasted 
for  an  armits  vtilxs  after  the  slave  died,  or  was 
alienated  or  manumitted  (Dig.  15,  2,  1). 

The  benefit  attaching  to  a  slave's  contract 
belonged  entirely  to  the  master,  and  he  could  not 
enforce  it  by  action.  If  the  slave  was  bond  fide 
possessed,  or  held  in  use  or  usufruct  by  a  third 
person,  the  latter  derived  advantage  from  his 
contracts  only  so  far  as  they  involved  the  slave's 
own  labour  («v  operia  su,ii),  or  were  made  with 
reference  to  or  upon  the  credit  of  the  property 
of  the  bond-fide  possessor,  usufructuary,  or 
usuary  (Gains,  iii.  164^  165 ;  Inst,  iit  18,  1  and 
2).  The  benefit  of  a  contract  made  by  a  slave 
belonging  to  two  or  more  joint  owners  belonged 
to  them  pro  porlione  dbmmii,  unless  it  was 
entered  into  by  the  directions  or  in  the  name  of 
one  or  some  of  them  only  (Inst.  iii.  18,  3; 
t6.  28, 3> 

For  delicts  committed  by  a  slave  against  hts 
master,  the  latter  might  infiict  punishment 
himself  (Dig.  13,  7,  24,  3  ;  24^  3,  24,  5 ;  Cod. 
Theod.  9,  12,  1,  2),  though  after  Hadrian  he 
might  not  put  him  to  death  without  magisterial 
authority ;  but  such  delicts  in  no  case  gave  rise 
to  a  legal  obligation  (Gains,  iv.  78 ;  Inst.  iv.  8, 
6 ;  Dig.  47,  2,  17,  pr. ;  Cod.  4,  14,  6>  The 
effect  of  wrongs  perpetrated  by  slaves  against 


third  persons  is  discussed  under  Noxaus  Actio  i^  Digi4,  5,  5). 

for  those  pursuable  by  a  criminal  prosecution,  V    Of 'the  modes  in  which  free  persou  becsm^ 


they  were  su\>ject  to  the  ordinary  procedure, 
though  sometimes  the  execution  of  the  sentence 
was  entrusted  to  the  master  himself  (Pint. 
Cato  Mdjor^  21 ;  Monwn.  Ancyranumy  tab.  ii., 
11.  1,  2,  3). 

It  was  strictly  forbidden  to  receive  or  har- 
bour ^runaway  slaves  (fugitivif  Dig.  11,  4, 1,  1 ; 
Cod.  6,  1,  4,  7),  in  the  pursuit  of  whom  the  law 
co-operated  with  the  master  by  requiring  the 
authorities  to  render  him  every  assistance  (Dig. 
11,  4, 1, 2-8 ;  ib, 3  and  4;  Paul.  Sent  Sec.  i.  6a, 
3-5 ;  Cod.  6,  1,  2) :  penalties  were  also  imposed 
on  their  alienation  and  acquisition  (Paul.  /.  c. ; 
Dig.  48,  15;  Cod.  9,  20,  6),  and  a  special  class 
of  persons,  called  fugiUvarii^  nmde  their  pursuit 
and  recapture  a  regular  business  (Florus,  iii.  19 ; 
IHg.  19,  5, 18),  which  however  appears  later  to 
have  become  the  means  of  a  great  deal  of  fraud 
(Cod.  Theod.^10, 12, 1).  The  very  running  away 
of  the  slave  was  regarded  as  a  stealing  of 
himself  (Dig.  47,  2,  60),  so  that  he  became  a 
res  furtiva  and  could  not  be  acquired  by  Usu- 
CAPio  (Inst.  ii.  6,  1),  and  the  possession  of  him 
remained  in  law  vested  in  his  master  (Dig.  41, 

2,  50,  1).  The  kidnapping  or  enticing  away 
of  slaves  was  dealt  with   by  a  Lex  Fabia  de 

{>lagiariis  (Inst.  iv.  18,  10)  and,  apparently  at 
east,  two  senatusconsulta  (Floras,  L  c. ;  Varro, 
£.  R  iii.  14). 

Men  were  either  born  slaves  or  made  such 
by  law  (aervi  cait  naecuniur  aid  fiwit,  Inst.  i. 

3,  4).  It  was  a  general  rule  of  the  Jus  Gentium 
that  children  bom  out  of  lawful  wedlock  fol- 
lowed the  condition  of  the  mother,  whatever 
might  be  that  of  the  father  (Dig.  1,5,24): 
thus  the  children  of  a  female  slave  (anciila) 


were  slaves  themselves  (Gains,  L  83),  and  if 
bom  in  their-master's  house  were  called  venue. 
In  one  or  two  cases,  however,  the  general  pria- 
ciple  was  reversed  by  anomalous  rules  of  law,  it 
being  enacted  by  the  Senatusoonaultum  Claadis- 
num  (Gains,  i.  84-86)  (1)  that  the  children  of  a 
free  man  by  an  ancUla  whom  he  believed  to  be 
free,  should  be  free  if  males,  slaves  if  females : 
but  this  exception  to  the  rule  of  the  Jus  Gentinm 
was  repealed  by  Vespasian :  (2)  that  if  a  fr«« 
woman  cohabited  with  a  slave  with  his  master's 
sanction,  the  issue  should  belong  to  the  latter, 
though  she  remained  free  herself;  this  was 
repealed  by  Hadrian  (Gains,  L  84):  (3)  that  i( 
a  free  woman  knowingly  cohabited  with  a 
eervue  alienve  without  the  consent  of  the 
letter's  master,  and  persisted  in  the  interocmrw 
after  prohibition  by  him,  after  three  denun- 
ciations on  his  part  she  should  be  awarded 
to  him  as  a  slave  by  the  magistrate,  her 
children,  whether  bom  before  or  after  this 
award,  sharing  her  fate,  and  her  property  ^oin; 
with  her  person ;  this  was  not  repealed  till  the 
time  of  Justinian  (Inst.  iii.  12,  1).  The  status 
of  a  child  was  determined  by  that  of  the  father 
at  the  time  of  conception,  if  bom  of  lawfal 
wedlock;  otherwise  by  that  of  the  mother  at 
the  time  of  birth  (Gaina,  i.  89) :  but  the  latter 
rule  had  by  the  time  of  Paulus  (3m<.  Hec  ii  24. 
i-3)  been  altered  so  far  as  to  admit  the  freedom 
of  a  child  bom  of  a  slave-mother  who  at  th^ 
time  of  conception  had  been  free,  or  who  had 
been  free  at  any  moment  between  conceptioa 
and  the  birth  (Paulus,  /.  c. ;   Inst.  i.  4,  pr. ; 


slaves,  one  was  attributed  to  the  Jqs  Gentinm, 
the  rest  to  the  Jus  Civile.     The  former  wu 
capture  by  an  enemy  in  war  (Inst.  L  3,  4),  or 
capture  even  without  war  by  a  nation  between 
which  and  the  captive's  people  there  was  do 
friendly  treaty  or  interoourBe  (Dig.  49, 15, 5, 2). 
Prisoners  taken  by  the  Roman    armies  wen 
sold  as  slaves  by  the  aerarium  (Dionys.  iv.  24; 
Uv.  iv.  34,  vi.  4)  or  retained  by  the  sUte  tf 
asm  pubUci  (Polyb.  x.  17 ;  Liv.  xxvi.  47) :  v«tt 
rarely  they  were  distributed  among  the  soldiers 
by  lot  (Dionys.  iv.  24,  50;  liv.  iv.  34).    TTie 
practice  of  selling  prisoners  with  a  crovn  os 
their  heads  is  alluded  to  in  the  oommon  expre»- 
sions  stf&  oorona  venire  and  vendere  (Geli  viL  4: 
Liv.  V.  22 ;  Caes.  B.  G.  iii.  16).     Persons,  how- 
ever, who  had  become  slaves  by  capture  in  wir 
might  recover  their  freedom  by  Poenjiinfini. 
In  certain  cases  the  law  allowed  a  free  person  to 
be  sold  as  a  slave :   e.g.  those  who  attempted  to 
evade  public  burdens  by  not  having  their  names 
entered  on  the  census  (IkC£H8I  ;  Dionys.  ir,  K% 
V.  75,  xi.  63 ;  Cic  de  Leg,  iii.  3, 7 ;  7b6.  fftrod. 
11.  142-148),  or  who  shirked  mUitary  semce 
(Varro,  ap.  Non.  Marc.  i.  67 ;  VaL  Max.  rl  3, 4; 
Cic.  pro  Caec.  34,  99 :  but  cf.  Dig.  49, 16, 4, 10> 
and  the  insolvent  debtor  under  the  old  Isw  of 
execution  by  Mahub  iNJEcna    According  to 
the  old  law,  a  fur  mantfeetas  [Fubtuh]  was 
liable  to  a  oapUalis  poena  and  was  ^^J^^ 
(addicius)  to  the  person  whose  property  he  had 
stolen ;  but  it  was  doubted  whether  the  effect  (A 
the  addictio  was  to  make  him  a  aervus  or  to  pal 
him  in  the  condition  of  an  adjudimM  (Gw»*» 
iii.  189).    A  free  man  over  twenty  fean  of  «r 
who  coUnsively  allowed  himself  to  be  soM  »  * 


SEBYUS 


8EByUS 


663 


slare  in  order  to  secretly  share  the  purchase- 
money  with  the  yendor,  ^as  as  early  as  the  time 
of  Hncins  Scaevola  refused  his  procktmaiio  m 
liberiatem   by    the    praetor,  and    so  in  effect 
adjudged  a  slave :  a  usage  which  was  confirmed 
by  lenatusconsulta  (Dig.  40, 13,  3 ;  Inst.  i.  3, 4 ; 
Cod.  7, 18, 1).    This  kind  of  fraud  was  practised 
eren  in  the  time  of  Plautus  (Pers.  i.  3,  58; 
iJL  1).    The  mode  in  which  a  free  woman  might 
become  a  slave  under  the  SC.  Claudianum  has 
been    noticed    above.      By    an    enactment    of 
Claudius  also  (Suet.  Cknid,  25),  a  freedman  who 
had  misconducted  himself  towards  his  patron 
might  be  revocatut  m  iervitutem ;  but  this  was 
not  the  law  in  the  time  of  Nero  (Tac.  Ann,  ziii. 
27):  however,  in  the  time  of  Commodus,  and 
posaibly  earlier,  it  was  the  rule  that  a  freedman 
-who  had  been  convicted  of  gross  ingratitude  to 
his  patron  might  be  sold  as  a  slave  by  the 
latter,  or  (later)  subjected  again  to  his  owner- 
ship (Cod.  4,  10,  1).      Under  the  emperors  it 
was  established  that  a  free  man  who  was  con* 
demned  to  death,  to  penal  servitude   in    the 
mines,  or  to  fight  with  gladiators  or  wild  beasts, 
became  and  died  a  slave  (Inst.  i.  12, 3 ;  tb.  16, 1 ; 
— Dig.  48,  19,  8,  11,  12),  and  so  could  not  leave 
a  valid  will  (Dig.  28,  1,  8,  4 ;    28,  3,  6,  6,  7) : 
he  was  not  a  slave  of  the  state  or  the  emperor, 
but  a  ttrvus  Doenae,  and  had  no  master  (Dig.  34, 
8,  3),  so  that  mheritances  and  legacies  left  to 
him  were  taken  ^  noyp  acrioiu  (Dig.  29,  2,  25, 
2,  3;  34,  8,  8,  pr.).      The  condition   of  the 
children  of  those  condemned  to  the  mines  was 
ameliorated    by    Justinian's   enactment    (Nov. 
22,  8),  that  the  criminal's  marriage  should  not 
be  dissolved  by  his  condemnation.     Apart  from 
these  cases,  no  man    could    lose  his  freedom 
«ither  by  private  contract  (Oic.  pro  Caec,  34, 
99 ;   Dig.  40,  1,  2,  37 ;  Cod.  7,  16,  10)  or  by 
usucapio  (Gains,  ii.  48  ;--Cod.  7, 1^  6 ;  7, 22, 3). 
Of  the  modes  in  which  a  slave  might  become 
free,  the  chief  were  Manuhissio  and  Postu- 
MUViUM.     There  were,  however,  a  nun^ber  of 
other  ways  in  which  liberty  was  bestowed  by 
the  law,  without  the  master's  having  anything 
to  aay  in  the  matter.    Thus  by  the  SC.  Silani- 
anum  slaves  were  liberated  who  discovered  their 
master's  murderers  (Dig.  40,   8,  5),  and  the 
same  waa  done  by  later  enactments  as  a  reward 
for  the  detection  of  certain  other  crimes,  such  as 
abduction  (Cod.  7,  13,  3)  and  offences  against 
the  mint  (Cod.  t&.  2).    The  edict  of  Claudius 
giving  their  freedom   to    slaves    whom    their 
master  turned  out  of  doors  on  account  of  ilU 
health  (Suet.  Claud,  25;  Dio  Cass.  Ix,  29 ;  Dig. 
40, 8, 5 ;  Cod.  7, 6, 3)  has  been  already  noticed. 
An   enactment  of  Vespasian  did  the  same  for 
anciilae    who    were    exposed    to    prostitution 
against  the  terms    of   the    disposition    under 
which  they  were  acquired  (Dig.  37, 14,  7,  pr.), 
and  by  one  of  Marcus  and  Commodus  slaves  were 
declared  free  who  were  aliened  under  a  promise 
to  manumit,  which  the  alienee  failed  to  perform 
(Dig.  40,  8,  1):  thus  if  a  slave  saved  enough 
money    to    purchase    his    fireedom   through   ff 
friend,  who  refused  to  manumit  him,  he  became 
free  ^2ja^  (Dig.  40, 1, 4,  pr.-3).    A  number 
of  senatusconsulta  beginning  under  Trajan  (SC. 
Rubriannm,  Dasumianum,  Articuleianum,  Vitra* 
sianum,    Juncianum)    provided    in    the    same 
manner  for  the  enfranchisement  of  slaves  to 
whom  liberty  was  bequeathed  under  a  fidei- 


commissum.  Freedom  could  also  be  acquired 
by  prescription  (Dig.  40,  9,  16,  3 ;  Cod.  7,  22, 
1-3 ;  Cod.  Theod.  4,  8,  8,  5),  from  the  time  of 
Leo,  by  the  slaves  attaining  certain  high  offices 
at  court  {e,g.  becoming  a  cvbiculariuBf  Cod.  12, 
5,  3);  and  from  that  of  Justinian,  subject  to 
certain  conditions,  by  his  becoming  a  monk  or 
spiritual  person  (Nov.  5,  2,  1 ;  123,  7,  35).  In 
times  of  revolution  under  the  Kepublic,  it  was 
not  unusual  to  proclaim  the  liberty  of  slaves  to 
induce  them  to  join  in  revolt  (Pint.  Mar.  41, 
42);  but  these  were  irregular  proceedings, 
and  neither  justifiable  nor  examples  for  imi- 
tation. [J.  B.  M.] 

The  preceding  account  treats  of  the  legal 
condition  of  slaves  in  relation  to  their  matters. 
It  remains  to  give  an  account  of  the  history  of 
slavery  among  the  Romans,  of  the  sale  and 
value  of  slaves,  of  the  different  classes  into 
which  they  were  divided,  and  of  their  general 
treatment. 

Slaves  existed  at  Bome  in  the  earliest  times 
of  which  we  have  any  record ;  but  they  do  not 
appear  to  have  been  numerous  under  the  kings 
and  in  the  earliest  ages  of  the  Republic  Ac- 
cording to  Dionysius  (ix.  25),  in  B.C.  476  thev 
cannot  have  amounted  to  more  than  one-eighth 
of  the  population,  and  were  nrobably  much  less 
(cf.  Dureau  de  la  Malle,  J^on.  Pol.  i.  225)^ 
The  different  trades  and  the  mechanical  arts 
were  chiefly  carried  on  by  the  clientes  of  the 
patricians,  and  the  small  farms  in  the  country 
were  cultivated  for  the  most  part  by  the  labours 
of  the  proprietor  and  of  his  own  family.  But 
as  the  territories  of  the  Roman  state  were 
extended,  the  patricians  obtained  the  right  of 
occupying  large  portions  of  tne  ager  publicus 
(Mommsen,  i.  276).  These  estates  required  a 
Larger  number  of  hands  for  their  cultivation 
than  could  readily  be  obtained  among  the  free 
population;  and  since  the  free  men  were  con- 
stantly liable  to  be  called  away  from  their  work 
to  serve  in  the  armies,  the  lands  began  to  be 
cultivated  almost  entirely  by  slave  labour. 
(Cf.  Liv.  vi.  12;  Appian,  B.  C.  i.  7,  nrtwp- 
yois  xp^M*'*'*'^  tfc/MnroviTiy  iurrl  iktvBtpmy.y 
Through  war  and  commerce  slaves  could  easily 
be  obtained,  and  at  a  cheap  rate,  and  their 
number  soon  became  so  great  that  the  poorer 
class  of  free  men  was  thrown  almost  entirely  out 
of  employment.  This  state  of  things  was  one 
of  the  chief  arguments  used  by  licinius  and  the 
Gracchi  for  limiting  the  quantity  of  public 
land  which  a  person  might  possess  (Appian, 
B.  C,  L  7,  9, 10) ;  and  we  know  that  there  was 
a  provision  in  the  Licinian  Rogations  that  a 
certain  number  of  free  men  should  be  employed 
on  every  estate  (Appian,  B.  C.  i.  B\  Ihis 
regulation,  however,  waa  probably  of  little  avail: 
the  lands  still  continued  to  be  almost  entirely 
cultivated  by  slaves,  although  in  the  latest 
times  of  the  Kepublic  we  find  that  Julius  Caesar 
attempted  to  remedy  this  state  of  things  to 
some  extent,  by  enacting  that  of  those  persons 
who  attended  to  cattle  a  third  should  always  be 
free  men  (Suet.  Jul.  42).  In  Sicily,  which  sup- 
plied Rome  with  so  great  a  quantity  of  com, 
the  number  of  agricultural  slaves  was  immense : 
the  oppressions  to  which  they  were  exposed 
drove  them  twice  to  open  rebellion,  and  their 
numbers  enabled  them  to  defy  for  a  time  the 
Roman  power.    The  first  of  these  Servile  Wars 


664 


SEBYUS 


/ 


SEBYUS 


began  in  B.C.  134  and  ended  in  B.C.  132,  and  the 
second  commenced  in  B.a  102  and  lasted  almost 
four  years. 

Long,  hoirerer,  after  it  had  become  the  custom 
to  employ  largo  gangs  of  slares  in  the  cnltiya- 
tion  of  the  land,  the  number  of  those  who 
served  as  personal  attendants  still  continued  to 
be  small.  Persons  in  good  circumstances  seem 
usually  to  have  had  only  one  to  wait  upon  them 
(Plin.  B.  N,  xxxiii.  §  26^  who  yizs  generally 
called  by  the  name  of  his  master  with  the  word 
por  (that  is,  pver)  affixed  to  it,  as  Qaipor, 
LudpoTj  Marcipor,  Publipor,  Qumltpor,  &c. ; 
and  hence  Quintilian  (L  4,  26),  long  before 
whose  time  luxury  had  augmented  the  number 
of  personal  attendants,  says  that  such  names  no 
longer  existed.  Cato,  when  he  went  to  Spain 
as  consul,  took  only  three  slaves  with  him 
(Apul.  Afd.  p.  431,  ed.  Ouden).  But  during 
the  later  times  of  the  Republic  and  under  the 
Empire  the  number  of  domestic  slaves  greatly 
increased,  and  in  every  family  of  importance 
there  were  separate  slaves  to  attend  to  all  the 
necessities  of  domestic  life.  It  was  considered 
a  reproach  to  a  man  not  to  keep  a  considerable 
number  of  slaves.  Thus  Cicero,  in  describing 
the  mennness  of  Piso's  housekeeping,  says, 
'*  Idem  ooquus,  idem  atriensb :  pistor  domi 
nullus  "  (m  Pis.  27).  The  first  question  asked 
respecting  a  person's  fortune  was,  **  Quot  pascit 
servos  ?  "  (Juv.  iU.  141).  Horace  (Sat  i.  3, 12) 
seems  to  speak  of  ten  slaves  as  the  lowest 
number  which  a  person  in  tolerable  circum- 
stances ought  to  keep,  and  he  ridicules  the 
praetor  TuTlius  for  being  attended  by  no  more 
than  five  slaves  in  going  from  his  Tiburtine 
villa  to  Rome  (Sat,  i.  6,  107).  The  immense 
number  of  prisoners  taken  in  the  constant  wars 
of  the  Republic,  and  the  increase  of  wealth  and 
luxtiry,  augmented  the  number  of  slaves  to  a 
prodigious  extent.  The  statement  of  Athenaeus 
(vi.  p.  272  e),  that  very  many  Romans  possessed 
10,000  and  20,000  slaves  and  even  more,  is 
probably  an  exaggeration ;  but  a  freedman  under 
Augustus,  who  had  lost  much  property  in  the 
Civil  Wars,  left  at  his  death  as  many  as  4,116 
(Plin.  If,  N,  xxxiii.  §  135).  Two  hundred  was 
no  uncommon  number  for  one  person  to  keep 
(Hor.  Sat,  i.  3,  11),  and  Augustus  permitted 
even  a  person  that  was  exiled  to  take  twenty 
slaves  or  freedmen  with  him  (Dio  Cass.  Ivi.  27). 
The  mechanical  arts,  which  were  formerly  in 
the  hands  of  the  clientes,  were  now  entirely 
exercised  by  slaves  (Cic.  de  Off,  i.  42,  150) :  a 
natural  growth  of  things,  for  where  slaves 
perform  certain  duties  or  practise  certain  arts, 
such  duties  or  arts  will  be  thought  degrading 
to  a  freedman.  It  must  not  be  forgotten  that 
the  games  of  the  amphitheatre  required  an 
immense  number  of  slaves  trained  for  the 
purpose.  [Gladiatobes.]  Like  the  slaves  in 
Sicily,  the  gladiatores  in  Italy  rose  in  B.C.  73 
against  their  oppressors,  and,  under  the  able 
generalship  of  Spartacu.^,  defeated  a  Roman 
consular  army,  and  were  not  subdued  till  b.c. 
71,  when  60,000  of  them  are  said  to  have  Allien 
in  battle  (Liv.  Epit,  xcrii.). 

Under  the  Empire  various  enactments,  men- 
tioned above  (p.  660),  were  made  to  restrain 
the  cruelty  of  masters  towards  their  slaves; 
but  the  spread  of  Christianity  tended  most  to 
ameliorate  their  condition,  though  the  possession 


of  them  was  for  a  long  time  by  no  means  con- 
demned as  contrary  to  Christian  justice.  Tk« 
Christian  wnten,  however,  inculcate  the  dotr 
of  acting  towards  them  as  we  would  be  acted 
by  (Clem.  Alex.  Paedagog,  iii.  12) ;  but  down  to 
the  age  of  Theodosius  wealthy  persons  still  con- 
tinued to  keep  as  many  as  two  or  three  thou* 
sand  (Chrysost.  vol.  vii.  p.  633).  Justinian  did 
much  to  promote  the  ultimate  extinction  of 
slavery;  but  the  number  of  slaves  was  again 
increased  by  the  invasion  of  the  barbarians  from 
the  North,  who  not  only  brought  with  them 
their  own  slaves,  who  were  chiefly  Sdavi  or 
Sclavonians  (whence  our  word  Mlave;  cf.  Gibbon, 
c.  55),  but  also  reduced  many  of  the  inhabitants 
of  the  conquered  provinces  to  the  condition  of 
slaves.  But  all  the  various  classes  of  sIsfm 
became  merged  in  course  of  time  into  the  cd- 
tcripU  glebae,  or  serfs  of  the  Middle  Ages. 

The  chief  sources  from  which  the  Romans 
obtained  slaves  have  been  pointed  out  abore. 
Under  the  Republic  one  of  the  chief  supplies 
consisted  of  prisoners  taken  in  war,  who  were 
sold  by  the  quaestores  (Plant.  Capt.  ProL  34) 
with  a  crown  on  their  heads  (see  above,  p. 
6626),  and  usually  on  the  spot  where  thef 
were  taken,  as  the  care  of  a  large  number  of 
captives  was  inconvenient  (cf.  Liv.  x.  42, 46). 
Consequently  slave-dealers  generally  accom- 
panied an  army,  and  frequently  after  a  greet 
battle  had  been  gained  many  thousands  were 
sold  at  once  (Caes.  B,  0,  iii.  16),  when  the 
slave-dealers  obtained  them  for  a  mere  nothing. 
In  the  camp  of  Lucullua  on  one  occasion  slares 
were  sold  for  four  drachmae  each.  The  slsre 
trade  was  also  carried  on  to  a  great  extent,  sod, 
after  the  fall  of  Corinth  and  Carthage,  Deks 
was  the  chief  mart  for  this  traffic  When  the 
Cilician  pirates  had  possession  of  the  Mediter- 
ranean, as  many  as  10,000  slares  are  said  to 
have  been  imported  and  sold  th^  in  onedsy 
(Strab.  xiv.  p.  668).  A  large  number  came 
from  Thrace  and  the  countries  in  the  North  of 
Europe,  but  the  chief  iupply  was  from  Africa, 
and  more  especially  Asia,  whence  we  frequently 
read  of  Phrygians,  Lycians,  Cappadodans,  I'C^ 
as  slaves  (Cic  pro  Place,  27,  65). 

The  trade  of  slave-dealers  (nvmg<mei)  wu 
considered  disreputable,  and  expressly  dlstio- 
guished  from  that  of  merchants  (mangonet  mm 
meroatores  aed  tenaliciarii  appellantvr,  Di;.  50, 
16,  207;  Plant.  THn,  ii.  2,  51);  but  it  wsi 
very  lucrative,  and  great  fortunes  wen  fre- 
quently realised  from  it.  The  slave-dealer 
Thoranius,  who  lived  in  the  time  of  Angnstoi, 
was  a  well-known  character  (Suet.  Aiig.  69; 
Macrob.  Sat,  ii.  4;  Plin.  H.  If.  vii.  {  56^ 
Martial  (viii.  13)  mentions  another  celebrated 
slave-dealer  in  his  time,  of  the  name  of  Gar- 
gilianns. 

Slaves  were  usually  sold  by  auction  at  Rome. 
They  were  placed  either  on  a  raii^ed  stcne  (hence 
de  lapirfe  emptu$,  Cic  in  Pis.  15,  36;  PUat 
Bacch,  iv.  7,  17)  or  a  raised  platform  (catasla, 
TibuU.  ii.  3,  60 ;  Peiaiua,  vi.  77 ;  Casanboo,  ad 
loc,\  so  that  every  one  might  see  and  handle 
them,  even  if  they  did  not  wish  to  pnrchsse 
them.  Purchasers  usually  took  care  to  bare 
them  stript  naked  (Sen.  Ep.  SO ;  Suet.  ili^.  69X 
for  slave-dealers  had  recourse  to  as  msny  tricb 
to  conceal  personal  defects  n  the  horse-jockep 
of  modem  times:  sometimes  porchasera  called 


SEBYUS 

in   the  adrice  of  medical  men  (Clauduin,  in 
JStUrop,  i.  35,  36).    Slarea  of  great  beauty  and 
rarity  were  not  exhibited  to  public  gate  in  the 
common    slave-market,    but    were    shown    to 
purchasers  in  private  {aroanae  tainUata  catastaef 
Mart.  ix.  60).    Kewljr  imported  slaves  had  their 
feet  whitened  with   chalk  (Flin.  ff,  N,  xxxv. 
§  199;  Qvid,  Am,  i.  8,  64X  and  those  that  came 
from  the  East  had  their  ears  bored  (Juv.  i.  104), 
which  we  know  was  a  sign  of  slavery  among 
many  Eastern  nations.    The  slave-market,  like 
sdl  other  markets;,  was  under  the  jurisdiction  of 
the   aediles,  who  made  many  regulations    by 
edicts  respecting  the  sale  of  slaves.    The  cha- 
racter of  the  slave  was  set  forth  in  a  scroll 
(titulus.  Sen.  Ep.  47)  hanging  round  his  neck, 
which  was  a  warranty  to  the  purchaser  (Gell. 
It.   2;    Propert.   t.  5,  51):    the  vendor  was 
bound  to  announce  fiurly  all  his  defects  (Dig.  21, 
1,  1 ;  Uor.  Sat.  u.  3,  284),  and  if  he  gave  a 
false  account  had  to  take  him  back  within  six 
months  from  the  time  of  his  sale  (Dig.  21, 1, 
19,  6)^  or  make  up  to  the  purchaser  what  the 
latter  had  lost  through  obtaining  an  inferior 
kind  of  slave  to  what  had  been  warranted  (Dig. 
19,   1,   13,  4;  Cic  de  Off.  iii.  23,  91).    The 
vendor  might,  however,  use  general  terms  of 
commendation  without  being  bound  to  make 
them  good  (Dig.  18,  1,  43;   21,  1,  19).    The 
chief  points  which  the  vendor  had  to  warrant, 
were  the  health  of  the  slave,  especially  freedom 
from  epilepsy,  and  that  he  had  not  a  tendency 
to    thievery,    running    away,    or   committing 
suicide  (Cic  de  Off.  iii.  17,  71).    The  nation  of 
jt    slave  was  considered    important,  and    had 
to  be  set  forth  by  the  vendor  (Dig.  21,  1,  31, 
21).    Slaves  sold  without  any  warranty  wore 
at  the  time  of  sale  a  cap  (jtUleua)  upon  their 
head  (Gell.  vii.  4).     Slaves  newly  imported 
were   generally  preferred  for  common  work; 
those  who    had  served  long  were  considered 
artful  (veteraioresj  Ter.  Heaui,  v.  1,  16),  and 
the  pertness  and  impudence  of  those  bom  in 
their  master's  house  (vernae :  see  above,  p.  662) 
were  proverbial  (vemae  prooaoe$f  Hor.  Sat.  ii. 
6,  66 ;  Hart.  i.  42,  x.  3). 

The  value  of  slaves  depended,  of  course,  upon 
their  qualifications :  under  the  Republic  slaves 
were  not  dear,  and  Cato  never  gave  more  than 
1500  drachmae  for  one  (Plut.  Cat.  Maj,  4) ;  but 
under  the  Empire  the  increase  of  luxury  and  the 
corruption  of  morals  led  purchasers  to  pay 
immense  sums  for  beautiful  slaves,  or  such  as 
ministered  to  the  caprice  or  whim  of  the 
purchaser.  Eunuchs  always  fetched  a  very 
high  price  (Plin.  H.  N.  vii.  §  129),  and  Martial 
(iii.  62,  xi.  70)  speaks  of  beantifol  boys  who 
sold  for  as  much  as  100,000  or  200,000  sesterces 
each  (£885  8s.  4d.  and  £1770  16s.  .8<f.).  A 
morto  or  fool  sometimes  sold  for  20,000  ses- 
Urces  (Hart.  viii.  13).  [Nani.]  Shves  who 
possessttl  a  knowledge  of  any  art  which  might 
bring  in  profit  to  their  ownen,  also  sold  for  a 
large  sum.  Thus  literary  men  and  doctors 
frequently  fetched'  a  high  price  (Suet,  de  11/, 
Oram.  3;  Plin.  E.  N.  vii.  §  129),  and  also 
slaves  fitted  for  the  itaffe,  as  we  see  from  Cicero's 
sneech  on  behalf  of  Q.  Roscius  (10, 28).  Female 
slaves  who  might  bring  in  gain  to  their  masters 
by  prostitution  were  also  dear:  sometimes  60 
minae  were  paid  for  a  girl  of  this  kind  (Plant. 
J*€n.  iv.  4^  113).     Five    hundred   drachmae 


BEBVUS 


665 


(perhaps  at  that  time  about  £18)  seem  to  have 
b«en  a  fair  price  for  a  good  ordinary  slave  in 
the  time  of  Horace  {Sat.  ii.  7,  43),  and  the 
average  price  in  the  time  of  the  Antoninea  must 
have  been  about  the  same  (cf.  Wallin,  ii.  172). 
In  the  fourth  century  a  slave  capable  of  bearing 
arms  was  valued  at   25  solidi  or  aurei  (Cod. 
Theod.  7,  13,  13).    In  the  time  of  Justinian 
the  legal  valuation  of  slaves  was  as  follows : 
common  slaves,  both  male  and  female,   were 
valued  at  20   solidi  apiece   (about  £12),  and 
under  ten  years  of  age  at  half  that  sum ;  if 
they  were  artificers  they  were  worth  30  solidi, 
if  notarii  50,  if  medical  men  or  midwives  60 ; 
eunuchs  under  ten  years  of  age  were  worth  30 
solidi,  above  that  age  50,  and  if  they  were 
artificers  also  as  much  as  70  (Cod.  6,  4,  3,  3). 
Female  slaves,  unless  possessed  of  personal  at- 
tractions, were  generally  cheaper  than   male. 
Six  hundred  sesterces  (about  £5)  were  thought 
too  much  for  a  slave  girl  of  indifferent  character 
in  the  time  of  Hartial  (vi.  66) ;  and  two  aurei 
or  solidi  wore  not  considered  so  low  a  price  for 
a  slave  girl  (andlla')  in  the  time  of  Hadrian  as 
to  occasion  doubt  of  her  having  come  honestly 
into  the  hands  of  the  vendor  (Dig.  47,  2,  76). 
We  have  seen  that  in  the  time  of  Justinian  the 
legal  value  of  female  slaves  was  equal  to  that 
of  males ;  thb  may  probably  have  arisen  from 
the  circumstance  that  the  supply  of  slaves  was 
not  so  abundant  then  as  at  earlier  times,  and 
that  therefore  recourse  was  had  to  propagation 
for  keeping  up  the  number  of  slaves.    But  under 
the  Republic  and  in  the  early  times  of  the  Empire 
this  was  done  to  a  very  limited  extent,  as  it 
was  found  cheaper  to  purchase  than  to  breed 
slaves. 

Slaves  were  divided  into  many  various  classes : 
the  first  division  was  into  public  or  private. 
The  former  belonged  to  the  state  and  public 
bodies,  and  their  condition  was  preferable  to 
that  of  the  common  slaves.  They  were  less 
liable  to  be  sold,  and  under  less  control  than 
ordinary  slaves :  they  also  possessed  the  privi- 
lege of  the  testetmenti  factio  to  the  amount  of 
one-half  of  their  property  (see  above,  p.  661X 
which  shows  that  they  were  regarded  in  a 
different  light  from  other  slaves.  Scipio,  there- 
fore, on  the  taking  of  Nova  Carthago,  promised 
2000  artisans,  who  had  been  taken  prisoners  and 
were  consequently  liable  to  be  sold  as  common 
slaves,  that  they  should  become  public  slaves  of 
the  Roman  people,  with  a  hope  of  speedy  manu- 
mission, if  they  assisted  him  in  the  war  (Liv. 
XX vL  47).  Public  slaves  were  employed  to  take 
care  of  the  public  buildings  (compare  Tac.  Hist. 
i.  43),  and  to  attend  upon  magistrates  and 
priests.  Thus  the  aediles  and  quaestors  had 
great  numbers  of  public  slaves  at  their  com- 
mand (Gell.  xiii.  13),  as  had  lUso  the  triumviri 
noctumi,  who  employed  them  to  extinguish 
fires  by  night  (Dig.  1,  15,  1).  They  were  also 
employed  as  lictors,  jailors,  executioners,  water- 
men, &c.  (Cf.  Gessner,  de  Servia  £omanorwn 
pMieitj  Berlin,  1844.) 

A  body  of  slaves  belonging  to  one  person  was 
called  familia^  but  two  were  not  considered  sufH- 
cient  to  constitute  a  familia  (Dig.  50,  16,  40). 
Private  slaves  were  divided  into  urban  (JamUia 
tfr6ana)  and  rustic  (JamUia  ruatuxi)'.  but  the 
name  of  **  urban  "  was  given  to  those  slaves  who 
served  in  the  villa  or  country  residence  as  well 


666 


8EBVUS 


u  in  the  town  house;  so  that  the  words  ^ urban " 
and  '*  rustic  "  rather  characterised  the  nature  of 
their  occupations  than  the  place  where  they 
served  (**  urbana  familia  et  rnsUca  non  loco,  sed 
genere  dUtinguitur/'  Dig.  50,  16,  166).  The 
familia  wrbana  could  therefore  accompany  their 
master  to  his  yilla  without  being  called  ruatioa 
on  account  of  their  remaining  in  the  country. 
When  there  was  a  large  number  of  slaves  in  one 
house,  they  were  frequently  divided  into  decuriae 
(Petron.  47),  each  under  the  charge  of  a  decuriOf 
whose  title  often  occurs  in  inscriptions ;  but  in- 
dependently of  this  division  they  were  arranged 
in  certain  classes,  which  held  a  higher  or  a 
lower  rank  according  to  the  nature  of  their  oc- 
cupation. The  distinction  drawn  by  01pian 
(Dig.  47,  10,  15,  44)  between  bonas  fruffi, 
ordmariuSf  dispensatcr  on  the  one  hand,  and 
wHgariSj  mediaatinWf.  qualis-^ittalia  on  the  other, 
is  evidently  not  meant  to  be  technical,  but 
general  in  its  character;  and  it  is  doubtful 
whether  the  Utterati  or  literary  slaves  were 
included  in  any  of  these  classes.  Those  called 
vioort'i  are  spoken  of  above  (p.  662). 

OrdmarU  seem  to  have  been  those  slaves  who 
had  the  superintendence  of  certain  parts  of  tl\e 
housekeeping.  They  were  altfo  chosen  from 
those  who  had  the  confidence  of  their  master, 
and  they  generally  had  certain  slaves  under 
them,  often  called  tncarii  (Dig.  15, 1, 17).  To  the 
same  class  also  belong  the  slaves  who  had  the 
charge  of  the  different  stores,  and  who  corre- 
spond to  our  housekeepers  and  butlers :  they  are 
called  ceUariifpromif  oondifprocuratcres  penif  &c. 
[Cblla.] 

The  nrst  place  in  the  familia  urhana  was  held 
by  the  procurator,  a  term  applied  generally  to 
the  agent  of  another,  but  especially  to  the  slave 
who  was  placed  in  charge  of  the  household  (cf. 
Cic  ad  Att.  xiv.  16).  The  actor  in  the  famiiia 
ruatioa  was  almost  the  same  as  the  nilicus  or 
baiUff  (Ck>lom.  i.  8 ;  Plin.  Ep.  iii.  19).  The 
diBpensator  was  the  slave  in  charge  of  the  cash 
and  the  accounts,  usually  but  not  always,  in  the 
farnSia  wbana  (Dig.  1,  16,  166;  Suet.  Oaib,  12; 
Vgap,  22).  The  dispenaaioryKU  sometimes  under 
the  procurator,  but  at  other  times  was  directly 
in  relation  with  his  master.  In  earlier  times 
the  atrienaia  had  a  general  charge  of  the  money 
and  of  the  household  (Plaut  Pseud,  ii.  2,  15). 

Voigares  included  the  great  body  of  slaves  in 
a  house  who  had  to  attend  to  any  domestic 
duty,  and  to  minister  generally  to  the  wants  of 
their  master.  As  there  were  distinct  slaves  or 
a  distinct  slave  for  almost  every  department  of 
household  economy,  as  bakers  (pistores),  cooks 
(ooqu£)y  confectioners  (dvldarii),  picklers  (sal' 
mentariC)y  &c  it  is  unnecessary  to  mention  these 
more  particularly.  This  class  also  included  the 
porters  (ostiarO),  the  bed-chamber  slaves  [CuBi- 
COLARUJ,  the  litter-bearers  {lecticarii)  [Lec- 
tica],  the  pediseqWf  and  all  personal  attendants 
of  any  kind. 

Mediaatini    [Hediastikt.] 

Litteraii,  literary  slaves,  were  used  for  various 
purposes  by  their  masters,  either  as  readers 
[Anaonostae],  copyists,  or  amanuenses  [Li- 
BRARii ;  AnANUBNSiS],  &c.  Others,  again,  were 
employed  as  Medioi,  CHiRUBfli,  or  Iatraliftae. 

The  treatment  of  slaves,  of  course,  varied 
greatly  according  to  the  disposition  of  their 
masters;   but  they  appear  upon  the  whole  to 


SEBVUS 

have  been  treated  with  greater  severity  and 
cruelty  than  among  the  Athenians.  Originally 
the  master  could  use  the  slave  as  he  pleased: 
under  the  Republic  the  law  does  not  seem  to 
have  protected  the  person  or  life  of  the  slav«  st 
all,  but  the  cruelty  of  masters  was  to  some  ex> 
tent  restrained  under  the  Empire,  as  has  been 
stated  above  (p.  660),  and  the  legal  statos  of 
the  slave  was  gradually  improved.  The  general 
treatment  of  slaves,  however,  was  probablr 
little  affected  by  legislative  enactments.  In 
earlv  times,  when  the  number  of  slaves  wss 
■mall,  they  were  treated  with  more  indulgence, 
and  more  Uke  members  of  the  family:  they  joined 
their  masters  in  offering  up  prayers  and  thanks- 
givings to  the  gods  (Hor.  JSp/ iL  1,  142),  snd 
partook  of  their  meaus  in  common  with  their 
masters  fPlut.  Coriol,  24),  though  not  at  the 
same  table  with  them,  but  upon  benches  (ni^ 
aellia)  placed  at  the  foot  of  the  lectus.  Bnt 
with  the  increase  of  numbers  and  of  luiorj 
among  masters,  the  ancient  simplicity  of  manners 
was  changed :  a  certain  quantity  of  food  wss 
allowed  them  (dimensum  or  ddmauwn),  which 
was  granted  to  them  either  monthly  (menstntmy 
Plaut.  Stick,  i.  2,  3X  or  daily  (duinwn,  Hor.  Ep 
i.  14,  41 ;  Mart,  xl  108).  Their  chief  food  was 
the  com  called  far,  of  which  either  four  or  fire 
modii  were  granted  them  a  month  (Donat  tn 
Ter.  Pkorm,  i.  1,9;  Sen.  Ep,  80),  or  one  Bomsa 
pound  (libra)  a  day  (Hor.  Sat.  i.  5,  09>  Thej 
also  obtained  an  allowance  of  salt  and  ml :  Csto 
(i?.  B,  58)  allowed  his  slaves  a  sextarins  of  oil 
a  month  and  a  modius  of  salt  a  year.  They  also 
got  a  small  quantity  ot  wine  with  an  additioDs) 
allowance  pn  the  Saturnalia  and  Compitslia 
(Cato,  B.  B,  57),  and  sometimes  firuit,  but  sel- 
dom vegetables.  Butcher's  meat  seems  to  hsre 
been  hMdly  ever  given  them. 

Under  the  Republic  they  were  not  allowed  to 
serve  in  the  army,  though  afler  the  battle  of 
Cannae,  when  Rome  was  in  such  imminent 
danger,  8000  slaves  were  employed  by  the  stst« 
for  the  army,  and  subsequently  manumitted  oo 
account  of  their  bravery  (liv.  zxii.  57;  xxir. 
14-16> 

The  offences  of  slaves  were  punished  with  n- 
verity  and  frequently  with  the  utmost  barbsritr. 
One  of  the  mildest  punishments  was  the  remorai 
from  the  familia  urbana  to  the  nistSca,  where 
they  were  obliged  to  work  in  chains  or  fetters 
(Plaut.  MnL  i.  1,  18 ;  Ter.  Pharm.  il  1,  ^> 
They  were  frequentlv  beaten  with  stacks  or 
scourged  with  the  whip  (of  which  an  aooonnt 
is  given  under  PlaoruxX  but  these  were  soch 
everyday  punishments,  that  many  slaves  cesscd 
almost  to  care  for  them ;  thus  Chrytalns  ssys 
(PUnt.  Baochid,  ii.  3, 131): 

»81  illi  sunt  virgae  mil,  at  mlhi  tergnm  doni  est" 

Runaway  slaves  (fug&ivi)  and  thieves  (/tfv) 
were  branded  on  the  forehead  with  a  mark 
(stigma),  whence  they  are  said  to  be  itohti  or 
inscHoti  (Mart.  vii.  75,  9>  Slaves  were  sho 
punished  by  being  hung  up  by  their  hands  with 
weights  suspended  to  their  feet  (Plant  iss*.  ii* 
2,  31),  or  by  being  sent  to  work  in  the  Er^a- 
lum  or  Pistrinum.  [Eroastulum;  Mola.]  The 
carrying  of  the  furca  was  a  very  common  ro*d« 
of  punishment  [FubcaJ  and  slaves  were  often 
flogged  while  bearing  it.  The  cross  [CrcxI  w»» 
A  apedtlly  servile  tuppHdam.    The  toilet  of  the 


jCoiUi 


BESTEBTinU 

Romau  Udlci  wu  t  dmdfol  ordeal  to  tha  ftmala 
(Uth,  who  wna  oflen  barbarodsl;  punuhed  by 
th#iT  mutmiaa  for  the  ilightcit  mlgtaka  in  the 
arrasf  aroant  of  tha  hair  or  a  patt  of  tha  ditM 
(Orid,  Ain.  I  14,  15,  Ar.  Am.  iu.  335 ;  Hait.  ii. 
66  ;  Jdt.  Ti.  468,  Jk.> 

Mait«n  might  work  their  ilaTX  u  maDf 
hoDn  Id  tha  day  aa  they  pteaiod,  bst  thay 
oinally  Bllowad  them  holiday!  on-tha  public 
futirali.  At  the  feitiTal  of  Satuisai  in  par- 
licolar,  apodal  iadnlgnioei  ven  granted  to 
all  ilaTM,  of  which  an  account  is  giTen  nndar 

SiTVBMAUA. 

There  vai  do  diatinetiva  drau  for  daTea.  It 
WW  once  propoaed  Id  tha  aanata  to  giva  ilaTei  a 
diatlnctiT*  ooatnina,  but  it  waa  rejected  UDce  it 
waa  coiuidarod  daogeroua  to  ahow  tham  how 
namarooa  they  ware  (S«n.  <h  Clem.  I.  24). 
Male  ilarea  ware  not  allowed  to  wear  the  tog* 
«r  boUa,  nor  famalea  the  (tola ;  bat  otherwise 
they  ware  draaead  nearly  in  the  »me  way  aa 
poor  people,  in  tunica  and  cloaka  of  a  dark 
colooT  (jmlati)  and  ilippen  (_crtpidae),  or  In  the 
eoDntry  SciTLPOlfEaB  or  cli^  (iwiti'i  tercilii, 
C».  m  Pii.  38,  93). 

yrha  rit«  of  bnnal,  howoTer,  were  not  denied 
J)  alavea,  for,  aa  the  fiomana  regarded  aU'ery  u 
n  initltation  of  iodety,  death  was  conodered 
0  pot  an  end  to  the  diitiactios  between  alaTei 
and  free  men.  Slavnwere  lometiiaea  eren  bariad 
with  their  maatert,  and  we  lind  fonerai  iuserip- 
tiona  addraaaad  to  the  Di  Manea  of  slaTca  (Bit 
Himibiu).  It  aeema  to  have  been  conaidetad  a 
dnty  for  a  maiter  to  bury  hit  ilara,  aince  we 
find  that  a  penon  who  buried  the  alavea  of 
another  had  a  right  of  action  against  the  matter 
for  the  eipenwi  of  the  fnoeral  (Dig.  U,  T,  3l> 
In  1726  the  barial  TaalM  of  the  ilavet  lietoDgiDg 
to  Angnetua  and  Uvia  wen  ditroTeied  near  the 
Via  ApfUA,  where  uumarout  intcriptioDa  ware 
faond,  which  have  been  lUuatroted  by  Biaochlni 
and  Oori  and  gin  ni  onuiderable  information 
raapacttng  tha  diftreot  clauaa  of  alaToi  and 
thar  rariooj  oocnpationt.  Other  aepulchrM  of 
the  same  time  hare  been  aUo  diacOTeiad  in  the 
neiebbonrhood  of  Roma  (cp.  Wilnunn't  Ex.  Imer. 
lot.  i.  125  ff.). 

(KgnorioB,  de  Servit  tt  tonan  ofmd  Vtten$ 
Mmi^eriit ;  Popma,  de  Optrit  Servonm ;  both 
in  Poleni  Suppi.  ad  Otkb.  Thet.  Antt.  Bom. 
roL  iii. ;  Blair,  An  £»^ry  into  (Aa  3tatf  of 
Slavery  amoKgtt  the  Sommt,  Ediobn^h,  1833; 
B«cker-Oell,  Gallia,  vol.  Ii.  99-154 ;  Wallon, 
Hietoire  dt  FEi^avige  dmt  eAntiqmU,  2nd 
•d.  Paris,  1879;  Uarquardt,  PKnUMcx,  135- 
191.)  [W.  S.]    [A.  S.  W.l 

eESTirETnJM.  [Cac«,  Vol.  I.  p.  588  6.] 
SKSTEBTIUS.  Thu  term  ia  a  contractioD 
ibr  armia  trrtiai,  which  is  the  Latin  way  of 
•ipraaaing  3^.  It  may  ba  need  for  various 
waigbtaandmeaanrea:  for  eiampla, pi)  scsfcrtnu 
ia  2)  feet.  But  it  baa  becD  more  oauatlj  applied 
to  coin ;  the  namns  aoatertigs,  aeatertioa,  or,  as 
it  ia  rendered  in  Engliih,  sesterce,  waa  the  nnit 
according  to  which  anms  of  money  ware  reckoned 
by  the  Komana  almott  throighaat  their  history. 
It  wet  eipreaied  on  the  coins  themselres  nnd  in 
docDmeata  by  the  symbol  IIS  (two  units  and  a 
aenniaX  or  with  a  line  throngh,  H«,  a  form 
commonly  thsngh  incorrectly  printed  aa  1-18. 

According  )a  the  Tiew  of  Mommaan  {RBm. 
Jffaiu.   p.   392),   when   ailrer  coin  waa  firit 


667 

ivned  at  Borne  <Ka  369 :  As,  p.  205)  it  was 
baaed  on  the  equation  of  the  scrupla  of  ailrer 
(lT-5  grains)  to  one  libral  aa  of  10  onncet,  or 
3}  of  the  currant  reduced  aasea  of  4  onncea. 
Thus  the  denarius  (10  tnea)  was  equal  to  4 
aeatertli,  and  the  quinarint  to  2  seaterlii.  But 
thia  aquiralence  of  the  sestertius  to  3}  copper 
aaaea  as  current  did  not  laat  long;  In  tha  time 
of  the  Hannibalic  wan  it  wa«  decreed  that 
thenceforth  16  aaaea  shonld  go  to  tlie  denarius 
and  4  to  the  serlertina,  excepting  in  caae  of 
military  pay,  in  which  the  old  r&tioni  were 
preacrred.  Up  to  that  time,  as  the  aeatertins 
and  the  libra!  aa  had  been  equivalent,  money 
had  bean  reckoned  in  either  indiSarently ;  bttt 
thereafter  tha  aeatertins    became  tha  regular 

Shortly  after  its  issue  tha  aaatotiua  fall  in 
weight  hom  17^  to  15  giaina.  After  a  time 
it  ceased  to  ba  iaauad  aa  a  allver  coin,  though  as 
a  quarter  of  tha  denarius  it  remained  as  money 
ofaccaant.  U.  Antony  issued  sestertii  in  copper 
with  the  marks  of  value  HS  and  A;  that  is. 
And  Augnstua  oidalnad 


be  added)  or 
by  tha  sester- 
tius, which 
was  originally  the  equiralent  of  the  tihral  as. 

[A*3  .      , 

Sums  up  to  a  thousand  sestertii  were  smiply 
stated  in  sestertii.  But  sums  of  tarersl  thousand 
sestertii  were  aipresaed  aa  aa  many  milia  f€$ter- 
tiorum  numonm  or  lettertiam  numum.  Thua 
ihaem  milia  aesfartiwn  is  10,000  seaterlii ;  and 
the  same  amount  is  sometimes  eipreased  by  the 
formnla  decern  uatertia,  where  aeatertia  is 
ntnally  regarded  as  the  plural  of  a  neuter  fbrm 
aesterlinm  (:=  1000  aettertii),  though  to  thia 
Tiew  there  are  grammatical  objections.  Soma 
of  a  million  sestertii  and  upwards  are  eiprtasod 
by  a  uae  nf  the  numeral  idTerba  in  -in  ;  ceMtna 
mlia,  a  hundred  thousand,  being  eipreased  or 
underatood.  Thus  a  million  aeslertii  are  dedet 
cenf«M  nulla   tttterUiaa,  a  phrase  abridged  to 


668 


BEVIB 


cbcMtr  aestertium.  Similarly,  nicies  and  irhict  j 
sestertium  etand  for  two  and  three  million 
sestertii,  and  so  on.  As  an  example,  we  find  in 
Cicero  (^Verr.  Act.  Sec.  i.  39,  100)  2,235,417 
aestertii  thus  expressed :  **  vicies  ducenta  trin^inta 
qninqae  milia  qnadringentos  xvii  numoa"  (Le. 
sestertios).  The  distinction  between  units,  thou- 
sands, and  hundreds  of  thousands  of  sestertii 
is  conventionally  expressed  merely  by  adding 
lines  aboTe  or  beside  the  numeral :  thus  H8  X= 

10  sesUrtii ;  H8 X  =  10,000  sesUrtu  or  10  ses- 
tertia;  H8|X{=decies  sestertium  or  1,000,000 
Mstertii. 

The  English  equivalent  of  suma  stated  in 
sestertii  cannot  be  accurately  ascertained,  since 
different  ralues  will  be  given  according  to  the 
relation  presumed  between  the  value  of  silver 
and  that  of  gold ;  but  an  approximation  sufficient 
for  all  purposes  will  be  reached  if  the  metal 
value  of  a  sestertius  or  sesterce  is  taken  at  two- 
pence, and  that  of  a  sestertium  at  £8  sterling, 
what  was  as  regards  purchasing  power  the  equi- 
valent of  a  sestertius  in  modern  money,  is  a  dif- 
ferent and  an  insoluble  problem.  [P.  G.] 

SEYIB.  [AuonsTALESy  Vol.  I.  p.  259; 
Equitbs,  Vol.  I.  p.  757.] 

SEX  SUFFBAOIA.  [Equites,  Vol.  I. 
p.  754.] 

SEXTANS.    [Aa.] 

SEXTA'RIUS,  a  Roman  dry  and  liquid 
measure,  which  may  be  considered  one  of  the 
principal  measures  in  the  Roman  system,  and 
the  connecting  point  between  it  and  that  of  the 
Greeks,  for  it  was  equal  to  the  (^onyy  of  the 
latter;  and  there  can  be  little  doubt  that 
the  ^4ariis  was  not  an  original  Greek  measure, 
but  that  the  word  was  introduced  into  the 
Greek  svstem  f^om  the  Roman,  for  the  purpose 
of  establishing  a  unit  of  agreement.  [Quad- 
RANTAL.]  It  was  one-sixth  of  the  oongiuSf  and 
hence  its  name:  in  the  Greek  system  it  was 
one-sixth  of  the  x*'*''*  ^^  ^^  divided,  in  the 
same  manner  as  the  As,  into  parts  named  undo, 
fextantf  quadratu,  inetu,  quinctrnxy  smussis,  &c 
The  uncia,  or  twelfth  part  of  the  sextarius,  was 
the  Ctathds;  its  textana  was  therefore  two 
cyathi,  its  quadrans  three,  its  tnen$  four,  its 
quincwix  five,  &c.  (Wurm,  de  Pond,  &c.  p.  118 ; 
Hultsch,  Metrohgie,  p.  112 :  cf.  the  Tables  at  the 
end  of  the  volume.)  [P.  S.] 

SE'XTULA,  the  sixth  part  of  the  uncia, 
was  the  smallest  denomination  of  money  in  use 
among  the  Romans  (Varro,  L,  L,  v.  171).  It 
was  also  applied,  like  the  unda,  to  other  kinds 
of  magnitude.    [Uncia.]  [P.  S.] 

BIBYLU'NI  LIBRI.  The  books  known  by 
this  name  at  Rome  down  to  the  destruction  of 
the  temple  of  Jupiter  Capitolinus  in  B.G.  82, 
were  said  to  have  been  offered  to  Tarquinius 
Superbus  (or,  according  to  Varro,  to  Tar- 
<|uinius  Priscus:  cf.  Lactant.  Insi,  Div,  i.  6, 
10 ;  laid.  Orig,  viii.  8,  5)  by  a  Sibylla,  ue,  a 
prophetess,  who  presented  herself  before  the 
king  with  nine  books  for  sale.  Upon  his  re- 
fusing to  porchase  them,  she  went  away  and 
burnt  three,  and  then  returning  asked  the  same 
price  for  the  remaining  six.  Thinking  her  mad, 
the  king  again  declined  the  purchase ;  on  which 
she  retired  once  more,  burnt  another  three,  and 
still  asked  the  same  price  for  the  three  that 
remained.     Tarquin  now  consulted  the  augurs. 


SIBYLLINI  LIBBI 

who  urged  him  to  buy  the  books,  and  give  the 
full  price.  This  he  did,  and  the  woman 
vanished.  He  then  appointed  two  citizens  of 
rank  to  keep  the  books  in  the  temple  on  the 
Capiiol,  with  two  public  slaves  to  assist  them 
(wno  were  probably  Greek  interpreter^  ZfO- 
naras,  vii.  11).  This  is  the  account  given  by 
Dionysius  (iv.  62);  it  is  found  with  slight 
variations  in  some  other  authors  (>ee  Mar- 
quardt,  Staaiivene,  iii.  353,  and  notes);  Litt, 
however,  does  not  tell  the  story.  Whatever 
truth  there  may  be  in  the  details  of  the  legend, 
it  is  probable  Jihs*  i*  t'hi  ir*  ♦hg  T^ffH  **f  *|** 
"aecgnd  Tarquin  t^t  they  ^^^_  were  t*Tif  ^^y 
Inquired,      l^radition  is  unanimooa  in  i 


T9  thai  reign  changes  of  great  importance  in 
the  religious  history  of  Rome,  the  centre  point 
of  which  changes  is  the  Gapitoline  temple  of 
Jupiter,  where  these  books  were  stored.  That 
temple  expressed  the  union  in  a  religions  centre 
of  the  entire  populus  of  Rome,  comprising  both 
patricians  and  plebeians,  and  foreshadowed  the 
gradual  equalisation  of  the  two  orders  in  all 
matters  of  religion,  as  well  as  in  political  righta. 
(Cf.  esp.  Ambrosch,  Studien^  p.  196  foil. ;  Mar- 
quardt,  iii.  40.)  All  membiers  of  the  state, 
whether  Latin,  Sabine,  or  Etmscan,  might 
worship  in  it;  and  not  only  from  the  sacred 
triad  of  Jupiter,  Juno,  and  Minerva,  but  any 
god  might  be  the  object  of  worship  there.  To 
this  Tarquin,  then,  as  well  as  to  hb  two  pre- 
decessors, we  mar  ascribe  a  broad  and  catholic 
religious  policy,  in<8triking  contrast  with  the 
narrow  civic  traditions  of  the  Roman  patrician 
priesthood;  and  this  policy  was  recognised  by 
the  prevailing  Roman  tradition,  which  also  con- 
nected with  this  king  the  introduction  of  the 
Sibylline  books.  For  these  books  were  not,  like 
some  others  presently  to  be  mentioned,  of 
Roman  or  even  of  Italian  origin:  they  were 
beyond  doubt  Greek,  and  their  importance  in 
Roman  history  is  almost  wholly  concerned  with 
the  introduction  of  foreign  and  chiefly  Greek 
worship  into  the  Roman  religions  world. 

Whence  these  books  came,  and  how  they  were 
originally  compiled,  are  questions  of  great 
obscurity.  SUfylia  was  no  doubt  a  Greek  woid 
signifying  a  certain  type  or  ideal  of  that 
common  phenomenon  in  antiquity,  the  inspired 
prophetess.  [See  Diyinatio  ;  Oraoulum.]  The 
earliest  mention  of  a  Sibylla  is  in  a  fragment 
of  Heracleitus  of  Ephesns  (ap.  Pint.  PytlL  Orac. 
6;  Bywater,  fragm.  12,  and  noUi%  who  knew 
of  one  only ;  but  in  course  of  time,  as  in  the 
case  of  divinities  the  type  became  localised  in 
various  cities,  and  Varro  (op.  Lact.  L  c.)  knew 
of  no  less  than  ten  Sibyllae — Persica,  Libyca, 
Delphis,  CImmeria,  Erythraea,  Samia,  Comana, 
Hellespontica,  Phrygia,  Albunea  (or  Tibnr- 
tina).  If  we  look  on  these  local  Sibyllae  as 
merely  mythical,  but  at  the  same  time  as  sng^ 
gesting,  in  some  cases  at  least,  localities  in 
which  floating  prophecy  was,  as  it  were,  caught 
and  fixed,  we  cannot  be  very  far  wrong ;  and 
there  is  not  much  doubt  as  to  which  of  these 
places  it  was  from  which  the  books  came  to 
Rome.  The  mere  tradition  that  Tarqainios,  on 
his  expulsion  from  Rome,  took  xeAige  at  Cninae, 
would  in  itself  be  sufficient  evidenee  of  aa 
actual  connexion  between  that  Greek  dty  and 
the  Roman  tyrant  (Dionys.  vi.  21);  aad  the 
great  majority  of  ancient  authorities  directly 


81BTLLINI  UBBI 

derive  the  books  from  Camae  (cf.  Verg.*  JBd. 
iT.  4 ;  Aen,  ri.  42  ff.  ;—(>▼.  F<u<.  it.  15^  257 : 
other  references  will  be  found  in  Schwegler, 
JiOm.  Getck,  L  802,  note,  and  Marqaardt^  iii. 
352;  note  5).  Varro,  on  the  other  hand,  seems 
to  have  beiieved  that  their  origin  was  to  be 
found  at  Erythrae,  the  reputed  home  of  the 
most  renowned  of  all  the  Sibyllae  (cf.  Serr.  ad 
Aen,  Ti.  36  and  72),  arguing  that  a  prophetess 
who  was  consulted  hj  Aeneas,  according  to  the 
Boman  form  of  the  legend,  could  not  hare 
liTed  on  till  the  time  or  the  TarquiniL  The 
truth  seems  to  be  that  these  oracles  came  to 
Borne  from  Cumae,  but  had  preriously  found 
their  wav  thither  from  Erjrthrae,  in  the  neigh- 
bourhood of  which,  at  Gergis  in  the  Trojan 
Ut.  Ida,  we  seem  to  be  able,  since  the  re- 
searches of  Klausen  (Aeneaa  und  die  Penaten, 
p.  203  foil.),  to  discern  the  localisation  of  the 
earliest  collection  of  oracles.  This  collection, 
according  to  Heradides  Ponticus  (Lactant.  I,  c. ; 
SchoL  Plat.  Pktudr,  p.  315;  Isid.  Orig,  vui.  8, 
6),  was  formed  in  the  first  half  of  the  sixth 
century  B.G.,  a  time  when  oracles  were  in  great 
request,  and  when  also  the  conquest  by  the 
Lydians  and  Persians  of  the  Greek  cities  of 
Asin  Minor  was  causing  a  considerable  migra- 
tion from  those  parts  to  Italy  and  Sicily.  For 
further  information  on  this  difficult  subject 
the  student  may  consult  Klausen,  /.  c,  and 
Bouch^Lecleroq,  HkMre  de  la  IHwnaUon  dan$ 
rAntiqmU;  vol.  ii.  pp.  133  ff.  The  endenoe 
for  the  Erythraean  origin  of  the  Cumaean 
oracles  will  be  found  collected  in  Harquardt, 
iii  352,  note  7  ;  the  most  striking  fact  in  this 
connexion  being  the  selection  of  Erythrae, 
Ilium,  and  Samos,  among  other  places,  for  the 
search  for  a  new  collection,  after  the  burning  of 
the  Gapitoline  temple  in  83  B.G. 

It  is  naturally  impossible  to  determine  how 
and  with  what  motire  these  collections  were 
originally  formed.  At  all  times  in  Greece  it  is 
likely  that  there  were  wandering  prophets 
(XPV/M^^')  <uid  floating  prophecies,  in 
connexion  with  Dionysiac  and  Orphic  rites,  and 
distinct  from  the  ancient  and  localised  oracles 
of  Dodona,  Delphi,  and  others.  It  was  the 
theory  of  Klausen  that  these  were  at  the  height 
of  their  influence  in  the  sixth  century  B.G.,  and 
that  they  represented  a  kind  of  **  protestant " 
reaction  against  the  fame,  credit,  and  wealth  of 
the  local  oracular  shrines;  and  thus  came  at 
that  time  to  be  collected  and  arranged.  Of 
late,  Bouch^Lsclercq,  on  the  ground  that  the 
northern  coast  of  Asia  Minor  is  the  true  home 
of  the  Sibylla,  has  sought  to  show  that  the 
Sibylline  type  of  oracular  utterance  may  be 
traced  to  a  Trojan  origin  in  the  form  of  Cas- 
sandra and  Manto,  **both  victims  of  Apollo, 
and  both  attached  by  most  intimate  ties  to  the 
worship  of  that  god."  But  these  are  no  more 
than  hypotheses,  and  it  is  not  possible  to  arrive 
at  any  certainty  in  the  matter. 

As  little  can  be  determined  about  the  nature 
of  the  collection  which  found  its  way  to  Rome. 
Something,  indeed,  is  known  of  the  later  collec- 
tion formed  after  the  destruction  of  the  original 
one,  but  it  is  unsafe  to  argue  back  from  the  one 
to  the  other.  The  oracles  were  said  to  have 
been  written  on  palm-leaves  (Serv.  ad  Aen,  iii. 
444),  a  tree,  as  Bouch^Leclercq  remarks  (iv. 
289),  which  was  not  to  be  found  in  Campania  ; 


SIBYLLINI  LIBBI 


669 


and  it  is  quite  possible  that  this  may  be  meielv 
a  fragment  of  an  old  mythical  tradition  of 
which  the  substance  is  lost.  Virgil  makes  use 
of  it  when  he  makes  Aeneas  urge  the  Sibylla 
to  foretell  his  £ste  in  words,  instead  of  com- 
mitting them  to  leaves,  alluding,  however,  at 
the  same  time  to  the  Roman  collection  and  its 
guardians: 

"  Te  quoque  msgna  manent  regnls  penetnUa  nostrls : 
Hie  ego  nsmque  tuss  sortes*  sreanaqoe  fkta. 
Diets  mese  genti,  pooam,  lectosque  sacrabob 
Alma,  ▼Iras :  fblils  tantum  ne  cannlua  msnda: 
He  turbaU  volent  rspidis  Iwlibria  ▼entis.'* 

According  to  this  tradition,  it  has  been  sup- 
posed that  they  were  referred  to  in  the  same 
way  as  Eastern  nations  refer  to  the  Koran  and 
Haflx:  that  they  did  not  search  for  a  passage 
and  apply  it,  but  only  shuffled  the  leaves  and 
then  drew  one  (cf.  Niebuhr,  Hist,  of  Rome^  i. 
506  foil.).    But  it  is  probable  that,  owing  to 
the  secrecy  with  which  all  such  transactions 
were  guarded  by  the  Roman  priests,  the  method 
of  consultation  was  unknown  even  to  the  Romans 
themselves.    That  these  prophecies  were  in  the 
Greek   language  is  almost  beyond  doubt,  and 
probably  they  were  written  in  hexameters,  like 
other  Greek  oracular  sayings,  and  like  those  of 
the  later  collection  of  which  we  have  remains. 
Their  application  to  the  matter  inquired  about 
was  no  doubt  entirely  accidental,  or  subject  to 
the  arbitrary  dealings  of  their  interpreters ;  we 
may  perhaps  conjecture  that  it  resembled  that 
of  the  Biblical  and  Virgilian  «sortes"  of  the 
Middle  Ages,  a  verse  being  taken  at  chance,  and 
twisted  in  any  wav  so  as  to  suit  the  circum- 
stances.   [S0RTB8.J    And  there  need  be  little 
doubt  that  the  interpreters  frequently  invented 
not  only  the  application,  but  the  response  itself; 
as  when,  in  order  to  drive  Hannibal  out  of  Italy, 
the    Magna    Mater    Idaea  was  ordeied  to  be 
brought    to  Rome  (Uv.  xxix.  10,  5^  or  for 
party  purposes,  as  when  Cinna  and  six  tribunes 
were  to  be  expelled  from  Italy  in  order  to  restore 
peace  and  order.     (Granius  Licinianns,  p.  35, 
Bonn  ed.)  Another  instance  occurs  in  Liv.zxxviii. 
45,3. 

They  were  deposited,  as  we  have  seen,  in 
the  temple  on  the  Capitol,  and  placed  in  charse 
of  duo  viri  taarig  faciundiay  a  title  which  clearly 
implies  the  introduction  of  new  rites  (Liv.  v.  13, 
6).  These  officials,  or  priests,  were  self-electing, 
retained  office  for  life,  were  free  from  military 
service,  and  remained  petridan  until  by  the 
lidnian  rogations  (&a  367)  their  number  was 
increased  to  ten,  and  half  the  number  were 
thenceforth  to  be  of  plebeian  birth.  As  was 
natural,  they  were  the  first  priesthood  opened  to 
the  plebeians,  their  functions  having  no  con- 
nexion with  the  "  sacra "  of  the  old  patrician 
gentes  (Liv.  vi.  37, 12).  The  number  ten  held 
good  till  towards  the  end  of  the  Republic,  when, 
probably  under  Sulla's  government,  they  were 
again  increased  to  fifteen,  which  number  is  first 
mentioned  by  Cicero  in  51  B.a  (a(f  Fam,  8, 4, 1). 
[See  Drcemvibi;  Sacbrdos.]  This  college  of 
fifteen  lasted  until  the  time  of  Stilicho,  who  in 
A.D.  405  burnt  the  Sibylline  books ;  it  is  men- 
tioned frequently  in  inscriptions  of  the  Empire. 
(See  Marquaidt,  iii.  381,  note  7.) 

it  would  seem  that  the  decemviri  were  not 
competent  to  consult  the  books  on  their  own 


G70 


8IBYLLINI  LIBBI 


BIBYLLINI  LIBBI 


account,  bat  that  every  such  coosultation  was 
ordered  by  a  decree  of  the  senate.  The  books 
were  the  property  of  the  state,  the  decemviri 
only  their  gaardians  and  interpreters ;  and,  like 
the  pontifices  and  augurs,  they  were  in  consti- 
tutional practice  only  the  skilled  assbtants  and 
advisers  of  the  magistrates  and  senate.  (The 
strictly  state  character  of  the  oracles  is  well 
seen  in  the  story  that  Tarquin  himself  punished 
a  duumvir  with  the  death  of  a  parricide  for 
divulging  their  secrets  to  a  foreigner :  Dionys. 
iv.  62;  Val.  Max.  i.  1,  13.)  The  senate  ordered 
the  decemvirs  to  inspect  (adire^  in^noere)  the 
books,  and  to  interpret  the  oracle  they  found 
applicable,  which  was  rarely  if  ever  made 
public,  but  only  the  general  tenor  of  the  reply 
of  the  experts.  This  at  any  rate  seems  to 
have  been  the  case  down  to  B.C.  82,  with 
which  period  only  we  are  at  present  dealing ; 
after  that  time,  and  the  destruction  of  the 
original  books,  the  whole  system  may  be  said  to 
have  become  vulgarised.  (Marquardt,  iii.  382 ; 
Liv.  viL  27,  xxL  62 ;  Dionys.  iv.  62 ;  Cic.  de  JHv, 
ii.  54,  110.) 

It  was  not  on  any  ordinary  occasion  that  the 
senate  took  the  important  step  of  ordering  a 
consultation.  On  examining  the  passages  of 
Livy  in  which  such  consultations  are  mentioned, 
it  will  appear  that  the  books  were  only  had 
recourse  to  in  the  face  of  alarming  prodigies, 
pestilences,  and  other  such  disasters.  (Cp.  e.g, 
Liv.  ui.  10;  v.  IS;  x.  47;  xxi.  62;  xxii.  1,  9; 
xxix.  10 ;  xxxvi.  37 ;  xli.  21.)  Rarely  do  we 
hear  of  anything  like  a  definite  prophecy  (Liv. 
xxix.  10 ;  xxxviii.  45) ;  the  result  of  the  consul- 
tation is  almost  always  an  admonition  to  adopt 
a  certain  ritual^  in  oxtler  to  expiate  evil  or  avert 
calamity.  It  is  through  this  ritnalistic  au- 
thority, and  in  the  corresponding  introduction 
of  new  forms  of  worship  into  the  state,  that  the 
immense  influence  on  the  Roman  religion  of  the 
Sibylline  books,  and  their  interpreters,  made 
itself  felt;  and  it  will  be  necessary  here  to 
summarise  the  innovations  due  to  them. 

These  momentous  changes  will  be  better 
understood  if  we  recall  the  character  of  the 
purely  Italian  element  in  the  religion  of  the 
early  Romans.  Their  religions  ideas  were  sober, 
practical,  and  unimaginative.  Their  deities 
were  abstract  conceptions  rather  than  concrete 
forms :  they  were  not  worshipped  in  temples 
with  florid  ritual,  or  presented  to  view  in  the 
forms  of  statues.  All  worship  had  an  immediate 
practical  object,  and  the  complications  of  Roman 
ritual  were  occasioned  by  nothing  more  than  the 
intense  desire  to  make  no  mistake  which  might 
defeat  that  object.  All  warmth  of  religious 
emotion,  such  as  elsewhere  favoured  the  growth 
of  myth,  or  choric  song  and  danoe,  or  sacra- 
mental mysteries,  was  absent  from  the  Italian 
religious  mind ;  the  leff<ii  side  of  ritual  took  its 
place,  and  at  Rome  was  at  all  times  maintained 
by  the  paramount  authority  of  the  pontifioes. 
But  it  was  an  entirely  new  aspect  of  religion 
which  the  Sibylline  books  and  their  keepers 
introduced ;  and  though  the  pontifioes  were  wise 
in  their  generation,  and  antagonism  between 
the  two  colleges  is  rarely  apparent,  they  may 
be  regarded  historically  as  rivals — ^the  one  as 
championing  the  ritua  BomamUf  the  other  the 
rUu3  Qraecus — through  the  remainder  of  Roman 
history. 


First,  we  have  the  introduction  of  a  leriea  of 
new  deities :  either  entirely  Greek,  as  ApoUoy 
Latona,  Mater  Magna,  Aescnlapins;  or  Greek 
deities  attached  to  a  Latin  name  and  a  pre- 
existing Roman  idea,  as  Diana  (=Artemis)y 
Ceres  (=I>emeter),  Proserpina  (  =  Persephone), 
and  Hercules,  who,  originally  a  form  of  Jupiter 
(=Semo  Sancus),  or  possibly  the  Genius  of 
Jupiter,  now  absorbed  the  characteristics  of  the 
Greek  Hercules.  The  immediate  cause  of  these 
introductions  was,  as  we  saw,  the  oocurrenoe  of 
pestilence,  famine,  or  defeat  (Liv.  t.  13 ;  x.  47  ; 
xxL  62) ;  the  motive  was  the  fteling,  stimulated 
by  the  growing  intercourse  with  foreigners  and 
especially  Greeks,  that  where  the  home  deities 
did  not  suffice,  or  declined  their  aid,  stranger}^ 
whose  worship  would  be  open  to  all,  and  not 
only  to  patrician  gentes,  might  be  found  effi- 
cacious. Their  immediate  connexion  with  the 
Sibylline  books  may  easily  be  traced :  e^. 
Apollo  is  not  only  the  god  of  prophecy,  bnt  a 
god  o£ pestilence;  Aesculapius  comes  in  on  the 
same  ground;  Ceres  and  Persephone  may  be 
connected  with  the  fammes  and  diitresa  of  the 
first  half  of  the  sixth  century  &c.,  and  it  may  be 
noted  that  the  worship  of  the  former  Ikad 
always  a  plebeian  character,  which  illustrates 
the  anti-patrician  tendency  of  the  Tarquinian 
policy,  marked  as  we  saw  by  the  introduction  of 
the  iMoks.  Cybele  or  the  Magna  Mater  Ida«a»  the 
great  earth-deitv  of  the  original  home  of  the 
oracles,  was  invoked  to  Rome  in  order  to  secure 
the  expulsion  of  Hannibal  from  Italy,  and  so  end 
a  long  series  of  disasters.  C^e  new  cult  will  be 
found  examined  in  detail  in  Marqaardt,  iiL  358 
foil.,  of  which  Bouch^Lederoq's  account  is  only 
an  abstract.) 

Equally  important  was  the  change  in  ritual. 
This  may  be  traced  in  the  great  development, 
resulting  directly  or  indirectly  from  the  books 
and  the  decemviri,  in  the  Roman  institution  of 
ludi,  whether  droenaea  or  toenioi  [see  LuDi]: 
and  especially  noteworthy  are  the  two  sets  of 
Apolline  games,  the  Ludi  Apollinares  institnted 
in  time  of  pestilence  in  212  B.a  (Liv.  xrr.  12 ; 
Macrob.  i.  17,  29,  <«Bello  Punioo  hi  indi  ex 
libris  Sibyllinis  primum  sunt  instituti  *"),  and 
the  Ludi  Saeculares,  the  history  of  which, 
though  obscure,  can  be  distinctly  traced  to  the 
worship  of  Dis  and  Proserpina,  and  to  the  influ- 
ence of  these  oracles.  (Augustine,  Civ,  Dei, 
iii.  18,  writing  with  Varro  before  Imn,  so 
explains  their  origin.  Cf.  Marquardt,  iii  387.) 
The  importance  of  this  line  of  development  in 
the  social  and  religious  life  of  the  Romans 
cannot  well  be  exaggerated.  Bnt  the  ^aracter 
of  the  new  religion  is  best  seen  in  the  lediaterma, 
where  the  anthropomorphic  appearance  of  the 
gods,  the  emotionsi  and  individual  character  of 
the  cult,  and  the  comparative  abeenoe  of  legal 
restraint  and  orderly  procedure,  are  in  marked 
contrast  with  the  earlier  forms  of  Roman 
worship.  (See  LBCmTERNiuif ;  and  for  the 
details  of  the  Graecus  ritus  in  all  these  cere- 
monies, Marquardt,  iii.  44  foil,  186  foil.)  The 
student  who  wishes  to  undentand  this  oontrast 
fully,  should  study  the  aooonnts  of  the  Ucti- 
$tenda  carefully,  and  compare  them  with  the 
ritual  of  the  Fratres  Arvales  or  that  of  any  of 
thepurely  Roman  festivals. 

The  Sibyllme  books    had  foirlv  done  their 
work  when    they  were  destroyed  by  fire   in 


SIBYLUNI  LIBBI 


SICA 


671 


D.C.  83;  in  ootubination  with  other  tendencies 
and  circamstances,  they  had  wronght  a  revolu- 
tion in  Roman  religious  ideas,  in  morals,  as  well 
SIS  indirectly  in  literature  and  art.  The  history 
of  the  new  collection  formed  in  B.C.  76  is  far 
leas  interesting,  and  must  be  briefly  summed  up 
here. 

While  the  temple  of  Jupiter  Capitolinus  was 
rebnilding,  enrors  were  sent  to  various  towns 
in  Asia  Minor,  Cfreece,  and  Sicily  (and  especially 
to   Erythrae,  where  about    1000   verses  were 
collected),  to  gather  a  fresh  supply  of  oracles, 
which  were  deposited,  like  the  old  ones,  in  the 
vaults  of  the  temple  on  its  completion,  and  given 
into  the  charge  of  the  collegium,  increased  to 
fifteen    previously    bv    Sulla.     Whether    any 
fragments  of  this  collection  are  still  imbedded 
in  the  "  Oracula  Sibyllina "  which   have  come 
down  to  us,  is  an  exceedingly  difficult  question, 
and  b«yond  the  scope  of  this  article.    (Alexandre, 
Oracula  SAyllma,  ed.  2,  Paris,  1869,  with  Sibyl- 
line bibliography:  cf.  Bouch^Leclerq,  ii.  133, 
200 ;— Marquardt,  iii.  351,  note  10 ;  383,  note  9. 
According  to  Bwald,  the  earliest  extant  verses 
are  as  early  as  124  B.a ;  but  the  great  mass  are 
of  Jewish  and  Christian  origin.    The  collection 
is  a  strange  medley.     Cf.  also  Fabricins,  B&l, 
Crraec  i.  237  foil.)      Their  influence  may  be 
traced  here  and  there  in  subsequent  years,  as  in 
the  famous  oracle  (real  or  forged^  which  forbade 
Ptolemy  Anletes  to  be  restorea  to  Egypt  by 
force  of  arms  (Cic.  ad  Fam.  i.  7;  Dio  Cass, 
xxxix.  15),  or  that  which  prophesied  in  B.a  44 
that  a  rex  was  needed  to  overcome  the  Parthians 
{Suet.  JuL  79).      Augustus,  finding  spurious 
verses  in  circulation,  ordered  a  close  inspection, 
which  resulted    in   the  burning  of   2000  so- 
called  prophetic  books,  and  in  the  removal  of 
the  genuine  ones  to  the  temple  of  Apollo  on 
the  Palatine,  which  he  himself  had  dedicated 
(Suet.  Aug.  31 ;  Tac.  Ann,  vi.  12).    Dio  Cassius 
also  states  that  he  had  some  of  them,  which  had 
faded,  written  over  again  by  the  priests  (liv.  17). 
Others  were  rejected  in  the  time  of  Tiberius, 
who  also  refused  to  allow  a  new  volume  to  be 
added,  as  proposed  in  the  senate  by  Caninius 
Gallus  (Tac  /.  c).    This  later  collection  was 
certainly  written  in  Greek  hexameters,  and,  if 
we  interpret  Cicero  rightly  (de  Div,  ii.  54,  111 : 
cf.   Varro  qp.   Dionys.  iv.   62X   some  at   least 
of  the  verses  were  in  the   form  of  acrostics 
(iucpoffrtxii) ;  this  is  not  likely,  however^  to  have 
been  the  case  with  all. 

Under  the  Empire  the  books  ^  were  rarely 
consulted :  the  duties  of  the  quindecimviri  were 
confined  chiefly  to  the  superintendence  of  the 
Cybele-worship,  which  now  gained  ground 
rapidly,  especially  in  the  month  of  March 
(Lucan,  i.  599;  C.  /.  Z.  vi.  488  foil.);  and 
their  influence  was  lessened  by  the  arrival  of 
other  new  cults  in  which  they  had  no  official 
part,  and  by  the  personal  supervision  of  religion 
by  the  emperors.  Occasional  instances,  however, 
of  consultation  occur.  Tiberius,  in  spite  of  his 
proneness  to  ritual  and  superstition,  had  declined 
to  allow  an  inspection  of  the  t)ooks  during  an 
inundation  of  the  Tiber  in  A.D.  15  (Tac  i4ftn. 
L  76) ;  but  Nero  ordered  them  to  be  consulted 
after  the  great  fire  in  a.d.  64,  and  the  old 
ceremonies  were  gone  through  (ft6.  xv.  44). 
In  the  period  of  intelligent  government  which 
followed,  we  do  not  seem  to  hear  of  them; 


but  in  241,  under  Gordian,  certain  serious 
earthquakes  were  stopped  by  their  means 
(Capitolinus,  Oordian,  26).  Again,  under 
Aurelian  in  270,  when  the  Marcomanni  had 
crossed  the  Alps,  they  were  consulted  by  order 
of  the  emperor ;  and  Vopiscus  (Jbtrel.  20)  gives 
an  interesting  account  of  the  manner  of  this 
consultation,  which  shows  that  the  quindecim- 
viri were  no  longer  indispensable,  inasmuch  as 
the  senators  themselves  went  to  the  temple  of 
Apollo,  and  made  the  necessary  search.  Julian, 
as  might  be  expected,  was  one  of  the  last  to 
make  use  of  them  (Ammian.  Marc,  xxiii.  1,  7). 
They  were  in  existence  in  391  (Symmachus, 
Epist,  iv.  34,  who  was  himself  a  quindecimvir ; 
Claudian,  BM,  Oet  231) ;  but  in  the  year  400 
they  were  burnt  by  Stilicho,  and  Prudentius 
shortly  afterwards  alludes  triumphantly  to  the 
dead  superstition  of  paganism : 

**  Mortua  Jam  mutse  higent  oracula  Comae." 

Ajpoth.  439  ff. 

Lastly,  it  should  be  noticed  that  there  are 
other  collections  of  prophecies  mentioned  by  our 
authorities,  some  of  which  at  least  were  kept 
with  the  Sibylline  books  in  the  Capitoline 
temple,  and  may  have  been  included  in  the 
general  term  Sibyllini  libri.  This  was  the 
case  with  the  Etruscan  oracles  of  Begoe  or 
Vegoe  (Serv.  ad  Aen.  vi.  72),  and  with  the 
sortes  of  the  nymph  Albunea  of  Tibur 
(Lactant.  Jnst,  i.  6,  12).  In  B.C.  213  the  senate 
ordered  the  praetor  urbanus  to  investigate  a 
variety  of  current  prophecies,  with  the  result 
that  the  Carmina  Marciana  of  an  unknown 
Marcius  (or  of  two  brothers,  according  to  Cic 
de  Div.  i.  40,  $9;  50,  115;  ii.  55,  113)  were 
declared  genuine  and  given  into  the  charge  of 
the  decemvirs.  This  Marcius  was  probably  a 
mythical  or  ideal  personage,  the  name  being  con- 
nected with  Mars,  in  whose  worship  some  of  the 
oldest  traces  of  native  Italian  oracles  are  to  be 
found.  Livy  has  preserved  the  substance  of  two 
of  these  oarmina,  which  were  probably  written 
in  Satumian  verse  (Liv.  xxv.  12 :  cf.  Macrob. 
Sat.  i.  17, 28).  All  these  books  and  others,  such 
as  those  of  Yeii  (liv.  v.  15,  11 ;  Cic  de  Div,  i. 
44,  lOOX  are  included  in  the  general  expression 
'^libri  fatales,"  which  frequently  occurs  (Liv. 
/.  c. ;  xxii.  9,  8,  where  it  is  synonymous  with 
ItMSifyUini;  xxii.  57,  6;  and  other  passages). 
Libri  alone  is  almost  as  common  (iii.  10,  7 ; 
xxii.  1,  16) ;  and  thus  it  is  impossible  to  draw 
any  distinct  line  of  demarcation  between  Greek 
and  Italian  collections.  Even  in  regard  to  their 
usage  this  is  to  some  extent  so ;  for  while,  e,g.f 
the  Marcian  oracles  recommend  the  cult  of  the 
Greek  Apollo  (Liv.  xxv.  12),  that  of  genuine 
Roman  deities  as  well  as  Greek  is  found  pre- 
scribed by  the  Sibylline  books  (as  in  Liv.  xxi.  62 
and  xxiii.  1).  The  fact  seems  to  have  been  that 
the  overwhelming  prestige  of  the  latter  acted 
by  attraction  on  lesser  load  collections ;  and  as 
Rome  became  the  focus  of  all  Italy,  so  the 
temple  on  the  Capitol  tended  more  and  more  to 
become  the  centre-point  of  the  floating  Italian 
divination.  [W.  W.  F.") 

8ICA,  a  short  curved  sword,  a  weapon  of  the 
Thracians  (si'ca  Bptucuchv  |(^of  iTueofATis,  Gloss. 
L(Aib.:  cf.  Clem.  Alex.  Stnim,  i.  16,  75;  Isid. 
Orig,  xviii.  8).    It  was  used  therefore  by  the 


672 


SICABIUS 


SIONA  MILITABIA 


Thrtoei  in  the  gladiatorial  oombatB  (Saet.  CaL 
32 ;  Mart.  iii.  16) :  its  shape  explains  the  *^  falx 
stipina "  in  Jut.  viii.  201  (see  Maror  ad  he, ; 
Gladiatob,  Vol.  I.  p.   918  6).      The  annexed 

woodcut,   from  a  terra-cotta 

lamp,  shows  a  aica  held  bj 

a      Thradan       (Baumeister, 

Denhn,  p.   2099).    As  being 

smaller    than    the    ordinary 

sword,    and    therefore    more 

easily  concealed,  and  perhaps 

as    being  sharp  and  deadly 

for  a  stab,  it  was  the  favour- 

8lca«  ite    weapon   of   robbers    and 

murderers  (sMant),  thc/«mciii 

with  which  ''grassator   agit  rem"  (Jut.   iii. 

305 :  cf.  Cic  Git  iii.  3,  8 ;  pro  JUL  14,  37) ; 

and  hence,  as  a  legal  term,  inter  dicarios  comes 

to  mean  *'on  a  trial  for  murder."    [See  Lex 

Cornelia,  p.  39.]  [J.  Y.]    [G.  E.  M.] 

SICA'BuJS.    [SiCA.1 

SIGI'LIOUS.  This  was  the  fourth  part  of 
the  Roman  uncia.  For  its  value,  see  Pondera, 
p.  456.  [P.  G.] 

SIGLUS  (fflyXos  or  eUXos)  is  a  translitera- 
tion of  the  word  shekel  used  by  Semitic  nations 
of  West  Asia.  The  shekel  was  in  Syria  and 
Babylon  the  unit  of  coinage,  and  varied  in 
weight  according  to  locality :  see  Pondera,  od 
init.  The  ordinary  Persian  silver  siglos  weighed 
about  86  grains,  and  was  reckoned  by  Julius 
Pollux  as  equivalent  to  1)  Attic  drachms :  the 
heavy  gold  shekel  of  Phoenicia  weighed  nearly 
260  grains.  Thus  it  need  not  surprise  us  to 
find,  at  a  time  when  the  Greek  drachma  was 
the  universal  unit  of  currency,  that  the  siglos 
was  in  some  places  considered  as  a  tetradrachm, 
in  some  places  as  a  didrachm,  and  in  some  as  a 
drachm.  [P.  G.] 

SIDA'BEUS  (iriSapcos).  Julius  Pollux  (ix. 
78)  quotes  from  Strattis  a  mention  of  sidarei  as 
small  iron  coins  current  at  Byzantium.  None 
of  these  are  extant,  nor  of  the  celebrated  iron 
coins  of  Sparta  [Pelanor]  ;  but  we  have  several 
specimens  of  iron  coins  Issued  in  the  fifth  century 
B.C.  at  cities  of  Peloponnesus.  [P.  G.] 

SIGILLA'RIA.  [Satctrnaua.] 
SIGMA.  [TRrcLiNinM ;  Mensa,  p.  157  6.] 
8IQNA  MILITARIA.  We  shall  say  a  few 
words  first  on  the  troops  to  which  the  separate 
standards  belonged  and  the  function  they  ful- 
filled in  the  army,  and  afterwards  discuss  the 
form  of  the  standards.  The  exhaustive,  lucid, 
and  learned  monograph  of  A.  von  Domazewski 
(Die  Fahnen  wn  rdmischen  Heere,  1885)  must 
form  the  basis  of  any  such  discussion.  In  much 
of  what  follows,  points  have  been  taken  for 
granted  which  have  been  supported  by  evidence 
in  the  article  ExEBCrrus. 

Passing  over  the  bundle  of  hay  (manipulta) 
which  is  said  to  have  been  a  standard  in  the 
time  of  Romulus  (Pint.  Bom.  8),  the  principal 
kinds  of  military  standards  may  be  classed  as 
(1)  signa  (in  the  special  senseX  (2)  vexilla,  (3) 
imagines,  (4)  aquilae.  It  will  be  advisable  to 
treat  the  first  two  together. 

(1)  and  (2)  Signa  and  VexiUa.—ThB  chief 
distinctive  feature  of  Roman  warfare  was  that 
it  was  mainly  carried  on  with  the  sword,  and 
that  the  tactical  unit  was  a  small  one,  viz.  the 
maniple  (Varro,  Z.  L,  v.  88,  "  manipulos  exer- 
citus    minimas    manus    quae    unum    secuntur 


signnm:"  cf.  Serv.  on  Verg.  Aen,  zi.  463). 
Each  of  these  maniples  had  a  eigmun^  liv.  xzvii. 
14,  8 :  *'  ni  C.  Dedmius  Flavus,  signo  arrepto 
primi  hastati,  manipulum  ejus  signb  seqni  te 
jttssisset;"  but  there  appears  to  have  been 
generally,  if  not  always,  two  tigmferi  in  the 
maniple  (Polyb.  vi.  24,  S),  the  second  probably 
to  act  as  a  reserve  in  case  the  first  were  disabled 
or  killed ;  so  that  we  need  not  suppose  that  each 
century  had  a  standard.  From  thus  having  a 
separate  standard  of  its  own,  each  maniple  came 
to  be  called  aignmn,  di/ieUOf  e,g.  liv.  xxv.  23, 
16 ;  Polyb.  vi.  24,  5. 

These  s^na  preceded  the  column  on  the  march, 
but  stood  in  the  hindmost  rank  of  the  msniple 
during  the  fight.  The  term  anteeignani,  taken 
together  with  the  &ct  that  where  »»gna  are 
spoken  of  in  a  battle  without  any  qualification 
the  reference  is  generally  to  the  signa  of  the 
hastati  (Liv.  viii.  11,  7);  the  tnsufliciency  of 
the  evidence  for  the  existence  of  other  standards 
to  justify  the  title  antesignam  (e.g.  Plin.  H.  A*. 
X.  §  16);  the  probability  that  the  standard- 
bearers,  impeded  with  the  ezoeaively  heavy 
standanis,  would  have  been  almost  sure  to  hsre 
been  at  once  cut  down  if  they  stood  in  the  front 
rank  of  the  sword-fight,  and  so  the  rallying- 
point  of  the  maniple  gone  (whereas  the  lois  of 
a  standard  and  its  bearer  is  generally  spoken  of 
as  an  unusual  occurrence  and  a  sign  of  a  serious 
defeat  of  the  division);  the  fact  that  the  front- 
rank  men  could  be  recalled  by  the  trumpets  if 
they  pushed  away  from  the  standards — all  these 
points  tend  to  show  that  the  case  is  not  nude 
out,  though  argued  with  strong  conviction  by 
Domazewski  (pp.  10-12),  that  the  standards 
occupied  the  front  line  in  the  battle.  But  they 
undoubtedly  were  at  the  head  of  the  column  on 
the  march ;  and  their  great  importance,  as  the 
centre-point  of  the  tactical  unit,  may  be  shown 
from  the  number  of  phrases  in  which  the  word 
signa  occurs  (signa  toUerSj  eigna  moeere,  signa 
ferre,  signa  oonveriere,  signa  conatituere,  signa 
cbioere).  The  word  of  command  was  always 
directed  to  the  standard-bearers  (Liv.  v.  55, 1 ; 
vi.  8,  1)^  and  conveyed  to  them  during  the  fight 
by  the  ttdticines,  who  stood  near  the  general,  the 
ugnal  of  the  ivbicines  being  taken  up  by  the 
oomicines. 

The  signa   of   the  legions,  then,  were  the 
standards  of  the   maniples.      Even  after  the 
regular  introduction  of  cohorts  and  oentaria  ss 
administrative  units,  the  tactical  unit  remsioed 
the  maniple  OQpsisting  of  two  centuries.    Csessr 
often  mentions  the  maniple  and  always  io  con- 
nexion with  the  standards,  e.g.  SdL  Gall.  ti. 
34,  6,  **  si  continere  manipulos  ad  signa  vellet, 
ut  instituta  ratio  et  consuetude  exerdtns  Ro- 
mani  postulabat:"    cf.  ii.    15,   1;  vL  40,  1. 
Even  under  the  Empire  the  manipnlar  arrange- 
ment remained  in  force  as  far  as  the  standsnb 
were  concerned,  just  as  it  did  as  regards  the 
rank  of  the  centurions ;  and  so  Tadtus  makes 
mention  of  maniples  (Hist  iiL  22 ;  iv.  77, 78), 
and  Dio  Cassius,  not  having  a  woid  to  express 
"maniple,**  renders  it  by  8^  |jc«rsrra»x^ 
(xlviii.  42,  2).    In  the  battle  at  Forum  Oallo- 
rum  in  43  B.C.  there  were  22  cohorts  tatd  about 
60  signa  lost  (Galba  op.  Cic.  Fam.  x.  30,  5); 
the  numbers  show  that  the  signa  belong  to  the 
maniples.     In  the  coins  given  below  we  ^e 
the  legionary  signa  with  H(astati)  and  IXn** 


^ 


aiQNA  HtLTTABIA 

cipei)  on  thim.  But  during  the  Empire  the 
maDlpulftT  iTTftagement  gmduAlly  diBappcHred, 
and  Vegetiu*  i>  quite  right  in  ufing  that  in 
his  time  (380  AJ>.)  «*ch  century  hid  a  >^iiin. 

That  there  wu  no  ipeciil  signvm  for  the  co- 
horts may  be  proved  ftam  thtM  consiileratiDOi : 
(1)  that  it  would  hare  aerved  do  purpose,  (2} 
that  there  i>  Tirloallj  only  one  form  of  legion- 
arj  tigitmn  on  any  reprexntatlona  we  know  of, 
and  (3)  that  there  ii  do  certain  trace  whatso- 
ever in  the  iuicriptiaiw  or  authon  of  there 
being  two  kiudi  of  tigniferi.  When  Caesar  uy) 
iBell.Gati.a.  25, 1),  "qoartaecohortii  omnibus 
nntarionibui  occliii  aiguireroque  Interfeoto, 
signo  amisHo,"  he  ia  doubtleu  thinking  oF  the 
f'tandard -bearer  of  one  of  the  manipIeB,  probably 
of  that  of  the  hutatj:  cf.  Uommaea  in  Kpk. 
Epigr.  it.  360. 

VtjHltum  (dlminntiTa  of  Btliin,  Feitui,  p.  3TT  ; 
or  perhaps  nrlimi  may  be  a  contraction  of 
rexilliaa,  a*  Cicero  aayi,  de  Oral.  4S,  135)  wa> 
the  oldeit  standard  of  the  Roman  army.  It  was 
raised  on  the  Jmiculum  while  the  Comitia 
L'eDtnriata  were  being  held  (Liv.  xxiii.  15,  11 ; 
I>io  Case,  iiirii.  26,  I);  floating  OTcr  the 
Moeral's  tent,  it  gave  the  lignal  for  battle  (Pint. 
FiA.  15 ;  cf.  C^es.  BM.  Gail.  H.  20,  I) ;  it  was 
the  rally iDg-poiut  of  the  soldieia  in  the  case  of 
B  tumvltua  (Serr.  ad  Verg.  Aol  riii.  1).  The 
ligna  of  the  maniples  dnring  the  Republic  seem 
to  bare  had  a  txiilAtm  on  them  (see  the  coint 
below} ;  and,  indeed,  both  the  names  are  applied 
to  the  legionary  standards  by  Liry,  teaaidi 
haitati  tigmBa  (xivi.  5,  15),  texilla  [numpH- 
/orwn]  (viii.  8,  8),  for  vazttja  were  the  oldest 
liags  in  the  Roman  army.  It  is  probable  that 
the  new  form  of  signian  which  had  do  vxillum 
at  all  wai  introdiic«l  by  Augustus.  Bat  tcxSIa 
were  the  peculiar  standards  (I)  of  those  divisions 
of  infantry  which  were  separated  fl^m  the 
main  dimioa  for  soma  apeciat  duty,  (2)  of  the 
troops    of  discharged    Teterana    callad   out   for 

As  regards  the  staDdards  of  the  caralry, 
Domascwiki  (pp.  26,  27)  draws  a  distinction 
between  the  cavalry  of  those  dirbioos  which 
consisted  of  both  infantry  and  earalry,  such  as 
the  Legions  or  the  oAoriet  equitatae;  and  those 
troopa  which  ccnaisted  solely  of  cavalry,  such  aa 
the  aUu  or  the  eq\atei  lingularti.  To  the 
former  belonged  a  vexillum,  probably  because 
the  tigman  waa  appropriated  to  the  infantr;; 
to  the  latter  both  liytui  and  t!cx3ia — in  each 
case  one  afandard  for  each  tarma.  Where  both 
nigHi  and  vtxilla  appear,  it  ia  to  be  supposed 
that  the  MxUliaa  was  the  original  cavalry 
staodard,  which  waa  later  replaced,  when  no 
confnnon  was  likely  to  ensue,  hj  the  more 
splendid    ' 


but,  aa  the  praetorians  were  srrangedin  maniples 
<Tac.  Ann.  liL  56 ;  it.  33,  58),  we  may  readily 
luppoee  from  analogy  that  they  were  the  divi- 
sions to  aach  of  which  a  tigiwm  was  allotted. 

The  auxiiia  and  the  tuuneri  had  what  we  may 
call  tigrm,  and  we  shall  speak  of  these  below. 

(3)  Imagina. — In  the  early  Empire  imaginiftri 
are  found  belonging  to  the  legiona  and  to  the 
amiliary  cohorta ;  each  legion  and  each  luilliary 
cohort  had  one  imagmifer.  Ho  evidence  is  found 
to  prove  that  they  existed  among  the  auiillary 


8IGKA  MILITABU.  673 

cavalry  ;  yet  each  ah  of  the  latter  probably  had 


Church,  reproduced  by 
Dr.  Bruce,  Han^xok  to  the  Roman 
Wall,  p.  79.  Imagina  are  neve 
found  affiled  to  the  atandards  o 
the  tactical  units  eicept  in  the 
case  of  the  praetoriaas,  which  was 
a  special  body-gnard  of  the  em- 
peror. In  the  legions  the  anagi- 
mfer  belonged  to  the  first  cohort 
(C,  /.  L.  iii.  6178,  20  [  Veget.  ii. 
ti) ;  in  the  orAorin  eqvUtUoCt  to 
the  cavalry  of  that  body  (C.  /.  L. 
iii.  3256). 

(4)  Aouiiw.— From  the  time  of 
Uarios  the  ojuAi  was  the  standard 
of  the  legion.  It  of  course  had  no 
tactical  significance;  but,  besides 
being  thesignof  union  of  the  whole 
legion,  it  marked  where  the  a 
mauder  happened  to  be,  and 
cordingly  where  the  miia  body  of 
the  legion  was  stationed.  Dnring 
the  battle  it  was  in  charge  of  the 
priaua  pitta  (VaL  Viui.  i.  B,  1 1  ; 
Tac  Bitt.  iii.  22V  In  Ume  of 
peace,  during  the  Repnblic,  it  was 
kept  at  Rome  in  the  Aerarium 
with  the  other  standards  (Liv.  iii. 

in 'a  litUs  shrine  (Cic.  CSrf.  1.  9, 
21;  Dio  Cass.  il.  16,  1 ;— Hero- 
dian,  iv.  4,  5;  V.  8,  6);  for  the 
standards  were  held  aa  sacred  (Hin. 
H.  N.  liiL  §  23),  and  regaided 
as  constituting  aa  asylmn  (i6.  L 
§39). 

TKe  Farm  of  Us  Btwidards. 


lUftaot. 


lilarti 


nother. 


The 


at  the  lower  end  for  fixing  into 
the  ground  (oipfaxoii  App.  Bell. 
Cic.  ii.  62  ;  ctupes,  Snet.  Oiea.  S2) 
snd  a  cross-piece  of  wood  a  little 
aboTC  this  point  to  prevent  the 
pole  sinking  too  deep  into  the 
ground;  sometimes,  too,  the  pole 
had  a  handle.  The  pole  was 
plited  with  silTsr  (cf.  Deiippos 
ap.  Mnller,  Frag.  BM.  Gnee.  il' 
a82:  iwl  tiirrur  llpyv/m/iiimr 
Towards  the  top  of  the  pole  wi 
a  transverse  bar  with  ribands, 
sometimee  of  pnrple,  hanging 
from  it;  and  these  often  had  at 
their  ends  silver  ornaments  shaped 
like  ivy-leaves.  Along  this  trans- 
verse l>ar  there  appears  to  have 
been  placed  a  plats  containing 
the  name  of  the  legion,  cohort, 
and  maniple  to  which  the  fignum 
belonged.  Below  the  transverse 
bar  came  a  series  of  dista,  probably  of  silver  (Plin. 
B.  X.  iiiiii.  £  58X  like  tbt phalerat.  Hence  wo 
can  readily  bellere  the  statemenU  concerning  the 
3  r 


Titan's 


674 


BIGNA  MILITABLA. 


grsBt  weight  of  the  stanilinla :  «  rmr  erfOTOiit- 
hr  iriii$oXa  ....  iii\ij  &ri  rir  TtmusrclTotr 
irTfOTi^TSir  ftpSiitra  (HcnxtiBn,  iv.  7, 7).  Theie 
vien  military  orden  gtjtu  to  the  miniple  or 
century ',  for  we  kaov  from  Zoonru  (vii.  21)  that 
thou  orden  were  giTen  ta  vhole  troopi  as  well 
M  10  individiuls  (du  §aer'  ivSpa  fiiror  ipio-rtti- 
marrK  ravra  ^Iftora,  iAAi  Kal  ^^x""  '"^ 
irrpttTitwiioit  lAoii  TaptCxTo).  Thii  acconnti 
ibr  the   fut  that  the  number   of  disci  Tuiei, 

onlj  two.     We  hesr  that  in  early  times  a  ipii^n 

and  -piAafa  to  a  hone-Mldier  (Polyb.  ri.  39,  3) ; 
later,  that  ^i\apa  were  given  to  both  horse-  and 
foot-aoldiers ;  but  we  may  perhapi  auame  that 
the  ^lU^iii  giiea  to  the  infantry  were  of  the 
ihape  of  a  ^nhq :  and  justaa  the  afoeof  caialry 
got  tanpia  and  were  accordingly  «lled  torqaala 
<Oreii,  516 ;  C.  I.  L.  vi.  3538),  «o  the  (roopj 
of  infantry  got  uucer-ehaped  fAaUrae.  Theie 
dlici  cnnld  be  taken  afT  the  pote ;  and  pole> 
without  them  were  called  incompta  ngnoy  and 
appeared  ai  luch  at  military  fonerali  (Tac.  Ann. 
iii.  2>  Orture  ligna  (Suet.  Claud.  13)  wems  to 
have  been  the  expression  used  for  putting  thete 
discs  on  the  pnle,  though  in  this  pauage  it  it 
anid  of  the  tagle,  not  of  the  tipvi  properly  ao 
called.  Below  theae  discs,  generally  acting  ai  a 
support,  was  a  crescent  moon,  which  waa  probablv 
■  lilud  of  amulet  !«  avoid  Ill-luck  (cf.  Flaut. 
Epid.  r.   1,  38  {G38);    Heaych.  ».  e.    r,k„yl,). 

ouno,  wnnetinies  a  imall  shield— both  probably 
kinda  of  urdert,  thoagh  one  otnuot  feel  at  all 
sure  in  the  cnse  of  the  latter— sometimes  aimall 
ceiai-im,  which  waa  certainly  an  order  (Sail.  Jvg. 
85,  29),  ■ometimes  an  apstretched  hand,  the 
toicen  of  fidelity.  Again  beasts,  especially  the 
Capricorn,  are  sometimea  found  below  the  discs, 
chiefly  on  the  military  coins  of  Qallienna,  Vic- 
torinoa,  and  Carausius.  They  were  of  the  nature 
of  amulets  (cf.  Saglio,  Did.  dn  Anliq.  i.  253). 
For  further  detaib  on  this  point  seeDomazewiki, 
pp.  54-56. 

Two  representatives  are  given  above  of  legion- 
ary ligna.  The  first  is  from  a  tombitone  in 
-UByence<I>amaEewski,  fig.  12):  the  knobs  under 
the  crescent  have  no  special  significance.  The 
second  (ii.  (ig.  23)  is  a  signam  taken  from  Tra- 
jan's Column  :  note  the  hand  and  the  vfxSlam. 
The  two  coins  below  (A.  figs.  34,  35)  are  consular 


coins   of  aa  83    aul   Ti.C.  49,  with  an   aq<iiln 
between  two  tigna. 

The  standards  of  the  auxiliary  cohorts  are  fo 
very  like  Ihoie  of  the  maniples  that  (here  is  no 

The  standards  nf  the  nurn^'  are,  however, 
nolloeable,  ns  they  appear  to  have  had  fignres  of 
animals  on  the  top:  cf.  Tac  Hitl.  iy.  'i'i,  "hino 
Teteranomm  eohortlum  ligna,  inde  depromptae 


mONA  MILITABIA 

■ilvis  ludsqne  feramm  imagines  nt  cniqne  ge 
inire  proelinm  moa  eat."  Chie  tnnmnnted  b; 
bnll  taken  froin 
a  relief  In  the 
Uuieum  at 
Chesters(the  an- 
on the  Roman 
wall)  is  given 
by  Dr.  Bruce 
(_Lapidarivm 

=    Doma- 
ki,  fig.  90). 
The  standards 
of   the   prseto- 
had,   like 


FraeUrian  SUa^id  11). 
...   vaBam ;  see 

Cobonae)  tske  the  place  of  the  prUmir.  Is 
the  middle  of  the  pole  was  placed  a  medallin 
containing  a  portrait  of  the  emperor,  or  medst 
lions  if  there  were  more  emperors 
than  one ;  the  most  important  crown 
belonging  to  the  maniplea  was 
placed  between  the  medallioni  if 
there  were  two.  Above  and  below 
the  medallions  were  generally 
crowns.  Above  are  two  praetorian 
standards  from  Trajan*s  Column. 
On  the  top  of  the  nrat  is  a  lignre 
of  perhaps  Victory  before  a  axil- 
lam,   then  a  crown,  the  eagle  sor- 


«  quite  plain),  a  crown,  aaother 


aago,  ■ 


a  knob 


ipport.     On  the  lop  of  the  other 

the   point  of  the   lance,   neit  a 

ilium,  crown,  'eagle  sarronnded 

crown,  traniTerse  bar  with 

tbands,  crown,  nnngo,   oorvnti  mh 


nother 


a  cmwn,  and  a  knob. 

The  standards  of  th( 
as  fnr  as  we  can  make  them 
consisted  of  an  npright  hand 
a  crown  above  the  tnniverse  t 
had  peodent  ribands  and  ivy-li 


Sundtrds  of  Speenlttores. 


8IGNA  MILITABIA 

was   a  p^alera,  a  crescent*   and  the  roetrum 
of  a  ship:  the  latter  is  especially  noticeable. 

The  annexed  cut  is  a 
coin  of  Galba. 

(2)  FewYto.— The 
chief  feature  of  the 
vexiUa  was,  that 
hanging  down  from 
the  transverse  bar 
was  a  rectangular 
fringed  piece  of  cloth 
which  bore  the  name 
of  the  legion  and 
probably  that  of  the 
emperor.  The  cloth 
was  sometimes  white,  sometimes  red,  some- 
times purple  (Serr.  on  Aen,  viiL  1;  Capitol. 

Qord,  8,  3).  Occasionally  above 
this  piece  of  cloth,  which  was 
the  vexilium  proper,  is  found 
a  statue  of  Victory.  Annexed 
is  such  a  vexUhun  trom  Trajan's 
Column. 

(3)  Jmagmes.  —  These  were 
medallions  of  the  emperors 
affixed  to  poles  (wptnofihs  Ked- 
ffopost  c^  f^f  tnifiaiaa  wpotr^- 
ffcuff  Joseph.  Antiq.  xviii.  3,  1 : 
cf.  Dio  Cass.  Ixiii.  25,  1,  ciko- 
ms ;  IxY.  10,  3 ;  Tac.  ffiat,  iii. 
v^Tiiinm  ^m  ^^'  ^^^  though  probaWy  the 
SicitaSS     •''«^*»«  '^^'''^  ^«'«  destroyed 

in  a  revolution  are  not  merely 
those  on  the  standards,  but  also  the  statues  and 
busts  of  the  emperor  which  were  in  the  camp. 
That  medallions  of  other  emperors 
than  the  reigning  one — ^no  doubt 
those  of  the  divi  imperatorea — 
were  carried  on  the  standards,  is 
plain  from  Tac.  Jffist.  iv.  62 :  *<  re- 
volsae  imperatomm  imagines." 

(4)  AquUa,  —  The  eagle  was 
placed  on  the  top  of  a  long  pole — 
sometimes  immediately,  sometimes 
resting  on  a  metal  plate.  It  gene- 
rally held  a  thunderbolt  in  its 
claws,  and  had  its  wings  extended 
for  flight ;  we  know  that  it  was 
considered  a  good  omen  for  an 
army  when  starting  to  see  an 
eagle  in  flight  (Tac.  Ann.  ii.  17  ; 
Bist.  i.  62).  Occasionally  the 
eagle  was  represented  as  holding 
an  oak-leaf  in  its  beak.  It  was 
made  generally  of  silver  (Gic.  Cat. 
i.  9,  24),  sometimes  of  gold  (Dio 
Cass.  xl.  18,  1 ;  Herodian,  iv.  7, 
7).  The  pole  had  a  spike,  gene- 
rally a  cross-piece  of  wood  above 
the  spike  to  prevent  it  sinking 
too  far,  and  sometimes  a  handle 
in  the  middle  for  pulling  it  up. 
If  the  legion  as  a  whole  had 
gained  any  especial  distinction  or 

T  ornament,    that    ornament    was 

affixed  to  the  pole,  as  in  the  case 
of  the  aigna.  The  annexed  aquila 
from  the  relief  at  Verona  (Domaz. 
flg.  4)  gives  a  good  idea  of  the 
standard,  though  unfortunately 
the  eagle's  head  is  broken  off. 
Nearly  all  the  material  necessary  for  discuss- 


SIHPULUM 


675 


Aqoltat  flmn 

a  relief  at 

Terona. 


ing  the  ngna  is  given  by  Domazewski,  op,  cit. 
Bttides  that,  some  further  assistance  may  be  got 
from  articles  bv  Rein  in  Pauly,  vi.  1179-1182, 
2542-3,  and  Marquardt,  Staatsvericcdtnng,  ii.' 
345,  353-7,  438-9.  [L.  C.  P.] 

SIQNrNUM  OPUS.    [PicruRA.1 
8IGKUM.      [ExBRCiTUS,   Vol.  I.  p.  807; 
Stqna.1 
SILENTXA'RII.    [Praepobitus.] 
SILICEBNIUM.    [FuHus,  Vol.  I.  p.  893.] 
SI'LIQUA  {Ktpdrioy)  was  the  smallest  Roman 
weight,  being  the  sixth  part  of  a  scruple,  scri- 
pulum,  or  ^  of  an  ounce.     [Pondera.]    Tho 
siliqua  auri  is  spoken  of  as  a  coin  in  the  time  of 
Constantius  II. :  according  to  Mommsen  {E6m. 
MUnzweam^  p.  791),  it  is  represented  by  the 
silver  coins  of  the  period  of  the  weight  of  36 
grains,  which  may  have  been  equivalent  to  3  grs., 
the  weight  of  the  siliqua,  in  gold.  [P.  G.] 

SIMPU'LUM  or  SIMFU'VIUM,  a  ladle- 
shaped  earthenware  vessel,  like  a  cyathus,  but 
of  ruder  form.  Varro  (Z.  Z.  v.  124)  tells  us 
that  it  was  supplanted  at  the  dinner  table  by  its 
Greek  equivident  [Ctatuub],  but  retained  for 
sacrifices,  and  Pliny  {H.  N,  xxxy,  §  158)  notes 
that  it  was  still,  by  old  custom,  made  of  earth- 
enware. The  definition  of  Festus  is,  '^vas 
parvum  non  dissimile 
cyatho  quo  vinum  in 
sacrificiis  libatur : 
unde  et  mulieres  rebus 
divinis  deditae  simpu- 
latrices  dicuntur." 

The  cut  here  given 
is  from  the  relief  on 
the  Arous  Argenta- 
riorum,  and  shows 
the  sacred  simpnlum 
combined  with  the 
malleus  used  for  strik- 
ing certain  victims. 
[See  Seccris.] 

The  question  naturally  presents  itself.  What 
was  the  relation  of  this  vessel  to  the  patera?. 
Representations  in  Greek  art  show  the  wine 
poured  into  the  patera  from  a  jug.  Was  the 
jug  similarly  used  in  Roman  sacrifices,  and 
filled  by  means  of  a  simpnlum,  or  was  the  wine 
taken  from  the  crater  by  a  simpnlum  and 
poured  straight  into  the  patera  ?  Our  impres- 
sion is  that  neither  supposition  is  correct,  and 
that  the  patera  was  not  used  at  all  in  the  ritus 
Romanua  [see  SACRiFiCiUif,  p.  586],  but  was 
introduced  along  with  the  ritus  uraecuSf  in 
which  the  simpulum  had  no  place.  The  writer 
has  given  his  reasons  for  this  view  in  the 
Classioal  Bevietc,  vol.  iv.  p.  69.  It  may  be 
observed  briefly  here:  1.  That  the  patera  was 
the  emblem  of  the  Epulones,  a  comparatively 
recent  order  [see  Epulokbb],  while  the  sim- 
pulum is  the  emblem  of  the  Pontifex,  who 
belongs  to  the  old  Roman  religion  (cf.  Cic.  de 
Rep.  vi.  2,  11 ;  Marquardt,  Staatsveno.  iii.  221). 

2.  That  the  representation  of  sacrificial  imple- 
ments in  the  Arcus  Argentariorum  shows  a 
simpulum  but  no  patera,  which  will  be  intelligi- 
ble if  the  two  were  not  used  in  the  same  rite. 

3.  That  in  the  decree  relating  to  silver  articles 
retained  for  sacred  purposes  in  the  year  the 
patella  and  salinum  are  mentioned^  but  not  the 
patera  (Liv.  xxvi.  36 ;  Patella).  This  is  ac- 
counted for  if  we  assume  the  patera  to  have 

2x2 


Slmpnlom  and  MaUens. 


676 


8IPABIUH 


been  iotrodaced  Ut<r;  th«  limpalum  being 
■Iwaya  of  earthen  viirs  wonld  naturally  not  be 
meotioncd.  4.  The  wordi  of  Varra  and  Feitus 
cited  Hbo*«  tend  to  ihow  that  the  >impDtnm 
wa*  ■  fbrm  of  Roman  rttati  handed  down  from 
primitixe  timet  before  the  iatrodaction  of  Greek 
ihapee,  and  with  thia  agree*  the  mention  iq 
Jar.  vi.  343  of  the  ninpunum  and  nigtr  goMrui 


taken  ii  correct,  we  most  luppoia  that  the 
aacriliciftl  nrnpulom  wot  used  in  BBcrifics  ritH 
Banuiao  to  take  wine  from  the  la^er  vesael,  or 
crater,  and  either  tmnsfer  il  to  the  tapis,  or 
ponr  it  directly  in  libation,  u  appears  in  the 
pa>»ge(  of  Festoa  and  ?l)ny.  [0.  E.  M.] 

SIPA'RIUH.  [Thgitrdk,  p.  821  6.] 
SIBTBUH  (rtunpay),  a  myitical  instrament 
of  miuic,  nied  by  the  encient  Egyptians  is  their 
ceremonies,  and  especially  in  the  wonhlp  of  IhIs 
(Orid,  Xet.  ii.  7S4i  Amor.  ii.  13,  II,  iii.  9,  34; 
de  Fmto,  1.  1,  3B}.  It  waa  held  tn  the  right 
hand  (see  woodcut),  and  ihaken,  from  which 
circnnutance  it  derived  iti  name  (luni  rejmlaa 
maim,  Tibull.  i.  3,  24),  Iti  most  common  form 
19  leen  in  the  right-hand  figure  of  the  annexed 
waDdcat,  which  repreaent*  an  ancient  Ditnmi(cf. 
Hicali,  Jfbn.  mad.  Uv.  iTii. ;  Hnt.  dt  li.  et  On'r. 
Fp.670,671>    Apnleioi  (Ibt.  li.  pp.  119,  131, 


ed.  Aldi)  deecribei  the  liitrom  a>  a  bronie  rattle 
(aerfam  crepitaailum,),  cooiiating  of  a  narrow 
pUU  curied  Uke  a  iword-t>eIt  (batteai),  throagh 
which  paned  a  few  roda,  that  rendered  a  loud 
ahrill  Bound.  He  laji  that  theio  initrument* 
were  aometimet  nude  of  lUrer  or  eren  of  gold. 

The  introdQctioa  of  the  wonhip  of  laii  into 
Unly  ihortly  before  the  commencement  of  the 
Christian  era  made  the  Romana  familiar  with 
this  inatrument.  The  "linigeri  calvi.  aiitro- 
toque  turba  "  (Hart.  lii.  39),  are  most  exactly 
depicted  in  two  pointinga  found  at  Portici  (Ant. 
rFEreolano,  vol.  ii.  pp.  309-320),  and  contnining 
the  two  iigurei  of  a  prieit  of  iait  and  a  woman 
kneeling  at  ber  altar,  which  are  introduced  into 
the  preceding  woodcut.  The  use  of  the  aiitram 
in  Egypt  as  a  militan  inatrument  to  collect  the 
troops  il  probably  a  fiotion(Verg.,lBi,Tiii.fl9S  J 
Propert.  ill  11,43), 

Si3irum  is  lometimea  nied  for  a  child's  rattle 
(Martial,  liv.  S4;  PoUni,  U.  ia7>  [J.  Y,] 


BITOB  I 

SITELLA.    [SiTCLA.] 

SITCfNAB  (fftrfini).    [Srrae.] 

SITOPHY'LACES  (<r«^efiA«»),  i  boul 
of  officen,  choten  by  lot,  at  Atheu.  Thtii 
bnaineai  wa»  partly  to  watch  tb*  arrifol  of  Ih? 
com  ihipi,  tAke  account  of  the  quantity  im- 
ported, and  aee  that  the  import  laws  weredali 
obaerred  ;  partly  to  control  the  salea  of  com  in 
the  market,  and  take  care  that  the  pricei  were 
fair  and  reonsable,  and  none  but  legal  wdgliU 
and  meaaurea  used  by  the  farlon',  in  whicb 
respect  their  dntiea  were  mncb  the  sime  •« 
thoae  of  the  Aoobanomi  and  Hetbohomi  viih 
regard  to  other  oaleable  articlta.  Their  um- 
ber, according  to  the  moat  probable  cornrtiiffi 
of  the  words  of  Arittotle  lap.  Harpocnt  i,  i), 
was  the  same  oi  that  of  the  other  bodies  wilb 
analogous,  functions  ;  namely  ten,  fire  far  IIk 
city  and  Gre  for  the  Peimeui  (Vitmel,  ^ilnlr. 
/.  AltfiHoBiuK.  less,  p.  33 ;  Qilbett,  Siulf 
ailerth.  i.  247  ;  Fritnkel,  n.  145  «i  flo«Hi> 
Another  reading,  followed  by  Boeckh  and  ih; 
autbon  of  the  Att.  PnKMs  (p.  105  Lips.),  gito 
ten  for  the  city  and  fire  for  the  Peirocu,  « 
Sfleen  in  alL  The  notion  that  there  wen 
originally  only  three  rests  on  a  faUe  reading  la 
Lysiaa  (Or.  22,  tarii  rir  SmmiAft,  f  S.wbeie 
Scheibe  rightly  correcti  rfoirapef  (f)  for  iii: 
aee  hit  note,  and  Friinkal  I.  c).  Accordiiie  l» 
Lysiai  (ib.  §  16),  tbe  anof6\ian  had  o/tn  bttii  I 
pnniahed  with  death  far  mere  inability  to  du^ 
the  proceedinga  of  the  (riT»riXai,  bat  the  pu- 
uooats  unfitimcH  of  thi*  speech  indispoaei  utn 
accept  so  extraordinary  a  statement  on  iu  «l< 
authority. 

Demoithenei  refers  to  the  entry  in  the  bub 
of  the  Sttophylaces  <tV  np^  td?i  ffm^^^sf 


I')    1 


!    the 


entity   o 


imported  from  Pon' 
•qual  to  all  that  came  (rem  elsewhere,  owinf;  t' 
the  liberality  of  Lencon,  king  of  tbe  Botporai. 
who  allowed  com  to  be  exported  from  ThewiMi 
to  Athene  free  of  duty  (Dem.  c  Zijif.  p.*»" 
§  33).  Theoe  books  were  probably  kept  b;  Ik 
five  who  acted  for  the  Peiraeus,  whose  (sptcitl 
business  it  would  be  to  inspect  the  caigots  thit 
were  unladen.  (Harpocr.  >.  v.  Zmf^Aaan: 
Boeckh,  P.  E.  p.  83  =  SttA'L  105.) 

[C.  R.KJ  [W.ff.] 
glTOPO'LAE  (iTfTMwXiu).  fSma.] 
SIT08  (mTor),  com.  The  •ml  of  Mi\a. 
though  fBTouiable  to  tha  prodnctioo  of  lip. 
olives,  and  Erapes,  was  not  so  welt  tnileil  »' 
com  ;  and  the  population  being  very  ttmviii- 
able  in  the  fjouriibing  period  of  the  Athtnw 
republic,  it  waa  neceesary  to  import  eom  I'T 
their  sobaistence.  According  to  the  calcoi»iiai' 
of  Boeckh,  which  does  not  materially  di&r  inm 
that  of  other  writers,  there  were  135,000  !■««■ 
men  and  365,000  slaTes  residing  in  Attica.  Tbf 
conntry,  which  contained  on  an*  of  M,0<}'' 
stadia,  produced  aannally  about  2,400,000  mf 
dimni  of  com,  chiefly  barley.  The  nKdinu* 
was  about  1  bushel,  3  gallons,  and  5-75  jisU. 
or  48  Attic  xof™"i.  A  X""!  "■  a™''"'' 
a  fair  daily  ailowanca  of  meal  (^fupvria  ''^' 
for  a  alare.  The  consnmption  of  the  fhol' 
popnlation  was  abont  3,400,000  nMdiD1D^  re- 
quiring therefore  an  impottatim  of  at  Iml  ' 
million.  It  came  from  the  conntriea  bordennt 
on  the  Euiine  Sea  (Pontui,  aa  it  was  coUed  It 
the  OreeksX  and  more  etpsdally  &an  the  Cim- 


BITOS 

merian  Bosporus  and  the  Thracian  Chersonese ;  i 
also  from  Syria,  £gypt,  Libya,  Cyprus,  Rhodes, 
Sicily,  and  Euboea.  The  necessities  of  the 
Athenians  made  them  exceedingly  anxious  to 
secure  a  plentiful  supply,  and  every  precaution 
was  taken  for  that  purpose  by  the  government 
as  well  as  by  the  legislator.  Suniiim  was  forti- 
tied,  in  order  that  the  com  vessels  (atraywyol 
dXjcdScf)  might  come  safely  round  the  promon- 
tory. Ships  of  war  were  often  employed  to 
convoy  the  cargo  (vopaW^irciy  rhv  alrov)  be- 
yond the  reach  of  an  enemy  (Dem.  de  Cor, 
p.  251,  §  77  ;  c.  Po/yc/.  p.  1211,  §  17).  When 
Pollis,  the  Lacedaemonian  admind,  was  stationed 
with  his  fleet  off  Aegina,  the  Athenians  em- 
barked in  haste,  under  the  command  of  Chabrias, 
and  offered  him  battle,  in  order  that  the  corn- 
ships,  which  had  arrived  as  far  as  Geraestus 
in  Euboea,  might  get  into  the  Peiraeus  (Xen. 
HM.  T.  4,  §  61).  One  of  the  principal  objects 
of  Philip  in  his  attack  on  Byzantium  was  that, 
by  taking  that  city,  he  might  command  the 
entrance  to  the  Euxine,  and  so  have  it  in  his 
power  to  distress  the  Athenians  in  the  com 
trade.  Hence  the  great  exertions  made  by 
Demosthenes  to  relieve  the  Bysantines,  of  the 
success  of  which  he  justly  boasts  (de  Car, 
pp.  254,  307,  326,  §§  87,  241,  302). 

As  with  those  commercial  states  which,  in 
fnodem  times,  import  a  large  proportion  of 
their  food,  a  regularly-organised  com  trade  was 
a  matter  of  the  first  necessity  to  the  Athenians. 
What  we  learn  of  this  organisation  shows  the 
business  capacity  of  the  Greeks,  which  in  gene- 
ral was  greatly  inferior  to  that  of  modem 
Europe  or  even  of  the  Romans,  in  a  favourable 
light.  The  destination  of  corn-ships  was  fre- 
quently changed  by  advices  after  they  had 
sailed  (Dem.  c.  Dknytod,  p.  1285,  §  8ff.); 
which  could  not  have  been  done  without  a  good 
system  of  intelligence.  This  enabled  the  vendors 
to  sell  in  the  best  market,  with  the  natural 
effect^  not  merely  of  raising  prices  where  com 
was  cheap,  but  of  lowering  them  where  it  was 
dear.  Prices  were  thus  brought  to  an  equili- 
brium :  for  this,  the  true  sense  of  ewrifuaf  in 
the  passage  just  cited,  see  Class.  £ev.  i  14. 
This  natural  Sow  of  the  commodity  was  checked 
by  the  short-sighted  selfishness  of  governments  ; 
the  Athenian  in  this  respect  being  in  all  proba- 
bility not  the  worst  offender.  Athenian  legisla- 
tion aimed  at  an  artificial  cheapness  at  the  ex- 
pense of  speculators;  exportation  was  entirely 
forbidden ;  and  the  consignment  of  com  to  any 
other  port  than  Athens  (tririryety  AXAoo't  Ij 
*A9(ipa\9)  was  made  a  capital  offence  (Dem. 
c.  Phorm.  p.  918,  §  37  ;  Lycurg.  c.  Leocr.  §  27> 
This  was  the  rule  for  Attic  traders,  whether 
citizens  or  metoecs ;  while  of  the  com  brought 
into  Peiraeus  in  foreign  bottoms  two-thirds  were 
to  be  carried  up  into  the  city  and  sold  there 
(Harpocr.  s,  v.  'Eiri/MXifr^f  ifiwoplov).  No  one 
might  lend  money  to  a  ship  that  did  not  sail 
with  an  express  condition  to  bring  a  return 
cargo,  part  of  it  com,  to  Athens.  If  any  mer- 
ch&Dt,  capitalist,  or  other  person  advanced 
money  or  entered  into  any  agreement  in  contra- 
vention of  these  laws,  not  only  was  he  liable  to 
the  penalty,  but  the  agreement  itself  was  null 
and  void,  nor  could  he  recover  any  sum  of 
money,  or  bring  any  action  in  respect  thereof 
(Dem.  c.  Lacrit  p.  941,  §§  50,  51).    Informa- 


8IT0S 


677 


tion  against  the  offenders  was  to  be  laid  before 
the  liri/icXi|ral  rov  4/iiroplov  [Epimeletab, 
No.  3].  Strict  regulations  were  made  with 
respect  to  the  sale  of  com  in  the  market; 
and  the  proceedings  of  the  triron&Xcu  or  middle- 
men were  narrowly  watched  both  by  the  citizens 
and  the  importers  (Jift,-wooot,  Lys.  Or,  22,  §  21). 
Conspiracies  to  buy  up  tne  com  (<irvww^Tir$tu\ 
or  raise  the  price  (innfurrdtnu  rits  ri/ids^  were 
punished  with  death.  The  statement  that  they 
were  not  allowed  to  make  a  profit  of  more  than 
one  obol  in  the  medinmus  (tb.  §  8)  is  illogical, 
and  contradicted  by  the  whole  tenor  of  the 
passage:  the  true  reading  is  Scar  ^^  a^ohs 
K&y  ofiok^  lUvov  «wXc7y  rifu^tpoy  (Fx&nkel, 
n.  144  on  Boeckh).  It  was,  however,  unlawful 
to  buy  more  than  fifty  ^opfwl  at  a  time :  the 
size  of  this  measure  is  uncertain,  but  Boeckh 
supposes  it  to  be  nearly  the  same  as  a  medimnus. 
These  provisions  were  (or  were  supposed  to  be) 
carried  out  by  the  o'cro^^Xajcfx  [SitoputlacesJ. 
Offences  against  the  com  laws  are  mentioned  by 
Demosthenes  (c.  Titnocr.  p.  743,  §  136)  among 
those  for  which  no  bail  was  allowed  before 
trial;  whether  he  refers  to  the  o-irovwAoi  or 
<nro^6Keuc€S,  or  to  both,  is  not  clear.  These 
laws  were  systematically  evaded  in  the  pursuit 
of  gain  (Lys.  Or.  22,  KoriL  rwy  :Uroww?<myf 
passim ;  Dem.  c.  Dionysod,  L  c). 

In  this  interference  with  the  natural  course 
of  trade,  the  political  economy  of  the  Athenians 
was  scarcely  more  backward  than  that  of 
modern  Europe,  including  England,  until  quite 
recent  times.  Our  own  laws  against  '*  fore- 
stalling and  regrating  '*  were  not  extinguished 
until  the  end  of  the  last  century  (MK^ulloch, 
n.  on  Smith's  Wealth  of  Nations^  p.  237,  ed. 
1863);  in  Italv,  it  appears,  bakers  and  flour- 
dealers  are  still  liable  to  summary  punishment 
both  from  mobs  and  municipalities.  But  the 
wholesale  enactment  of  the  death  penalty 
brings  out  one  of  the  worst  features  of  the 
Athenian  character,  and  is  partly  to  be  ac- 
counted for  by  the  fact  that  the  trade  was 
mostly  in  the  hands  of  aliens,  who  might  be 
oppressed  without  remorse.  Boeckh,  who  draws 
largely  from  the  speech  of  Lysias  against  the 
ComJkalerSj  seems  scarcely  aware  of  the  im- 
policy as  well  as  cruelty  of  the  legislation  it 
describes :  an  English  scholar  has  criticised  it  in 
the  true  spirit  of  political  economy  (Mahafl^, 
Sociai  Xi/0  m  Greece,  ed.  3,  p.  403  f.). 

We  are  not  surprised  to  learn  that  scarcities 
(o-iToSciot)  frequently  occurred  at  Athens, 
either  from  bad  harvests,  the  misfortunes  of 
war,  or  other  accidental  causes.  The  state  then 
made  great  efforts  to  supply  the  wants  of  the 
people  by  importing  large  quantities  of  com, 
and  selling  it  at  a  low  price.  Public  granaries 
were  kept  in  the  Odeum,  Pompeum,  Long 
Porch  (ftoicpd  OTod),  and  dockyard  at  the 
Peiraeus  (Pollux,  ix.  45 ;  Dem.  c.  Fhorm.  p.  918, 
§  37,  where  see  Paley  and  Sandys).  SUonae 
IrirSvai)  were  appointed  to  get  in  the  supply 
and  manage  the  sale.  Demosthenes  was  &p- 
pointed  on  one  occasion  to  that  office  (de  Cor, 
p.  310,  §  248).  Persons  called  apodectae  (&vo- 
i4itrtu)  received  the  com,  measured  it  out,  and 
distributed  it  in  cerUin  quantities  (Pollux, 
viii.  114).  Public-spirited  individuals  would 
sometimes  import  grain  at  their  own  expense, 
and  sell  it  at  a  moderate  price,  or  distribute  it 


678 


SITOU  DIKE 


gratuitously  (Dem.  c.  Phorm,  p.  918,  §§  38, 
39).  We  read  of  the  Athenian  state  receiving 
presents  of  com  from  kings  and  princes.  Thus 
Leucon,  king  of  the  Bosporus,  sent  a  large  pre- 
sent, for  which  he  had  the  honour  of  Mh^ta 
(exemption  from  cnstomft-dnties)  conferred  on 
him  by  a  decree  of  the  people  (Dem.  o.  Lept 
p.  467,  §§  33,  34;  cf.  Isocr.  Ihipex,  §  57). 
Psammetichus,  an  Egyptian  prince,  sent  a  pre- 
sent in  Olymp.  83.  4,  Demetrius  in  Olymp.  118. 
2 ;  Spartacus,  king  of  the  Bosporus,  a  few  years 
after.  In  later  times,  that  made  by  the  Boman 
AtticuR  is  well  known.  On  the  whole  of  this 
subject  the  reader  is  referred  to  Boeckh  (P.  £. 
p.  77  S,  =  Sthh.*  i.  97  ff.),  where  also  he  will 
find  the  various  prices  of  meal  and  bread  at 
Athens,  and  other  details,  copiously  explained. 
As  to  the  duty  payable  on  the  importation  of 
com,  see  PEiTTEOOfiTE. 

liiros  is  strictly  xoheat-fioWf  ftx^ira  barley^ 
floury  irvpol  vsheaty  KptBaX  barley^  ttprof  wheat 
bread,  fjM{a  barley-hread.  STrot,  however,  is 
often  applied  to  all  kinds  of  com,  and  even  in  a 
larger  sense  to  provisions  in  general. 

[C.  R.  KJ    [W.  W.] 

SITOU  DIKE  {ffirov  Zlmi),  the  marriage 
portion  (irpol|)  being  intended  as  a  provision 
for  the  wife,  although  it  was  paid  to  the 
husband  by  her  father,  brother,  or  other  natural 
guardian  (ic^pios),  if  anything  happened  to  sever 
the  maiTiage  contract,  or  if,  after  a  contract  of 
marriage  and  after  the  payment  of  the  marriage 
portion,  the  intended  husband  refused  to  perform 
his  engagement  (Dem.  c.  Aphob.  i.  p.  811,  §  17  ; 
ii.  p.  839,  §  11 ;  iii.  p.  854,  §  3:)),  the  husband 
or  his  representative  was  bound  to  repay  it ;  or, 
if  he  failed  to  do  so,  he  was  liable  to  pay 
interest  upon  it  at  the  rate  of  18  per  cent,  per 
annum  (jw*  iw^  6fioXots  roKo^puv,  [Dem.] 
c.  Neaer.  p.  1362,  §  52;  12  per  cent.,  Dem. 
c.  Aphob.  i.  p.  818,  §  17).  When  the  property 
of  the  husband  was  seized,  the  wife's  dowry  was 
exempted  therefrom  [(Dem.]  c.  Everg,  et  Mnes, 
p.  1156,  §  57 ;  yet  see  Lys.  de  Bon,  Aristoph, 
|§  9, 32) ;  but  the  marriage  was  not  dissolved  on 
that  account,  as  Van  den  £s  (de  Jure  Farnil. 
p.  50)  supposes.  Caillemer  {La  Bestiiutioa  de 
kt  Dot  a  Athines)  gives  three  causes  for  the 
dissolution  of  marriage :  (1)  death,  (2)  civil 
death,  and  (3)  divorce.  1.  Upon  the  death  of 
the  husband  without  children,  the  wife  and  her 
money  went  back  to  the  natural  guardian ;  but 
if  he  died  leaving  children,  she  had  the  option 
of  staying  with  them  or  going  back  to  her 
ic6ptos4  If  she  did  the  latter,  the  children  (or 
their  guardian,  if  they  were  under  age)  were 
bound  to  pay  back  the  portion  to  the  jr^pior,  or 
18  per  cent,  interest  in  the  meantime  (Isae. 
Pyrrh,  §  8  f.,  §  78) ;  and  if  she  married  again, 
her  K6piot  was  bound  in  honour  to  give  the 
same  sum  to  her  new  husband  (Dem.  c.  Boeot 
ii.  p.  1010,  §  7).  If  she  did  the  former,  she 
renounced  thereby  her  right  to  her  portion, 
which  became  the  property  of  the  children,  who 
on  their  part  undertook  to  provide  for  all  her 
wants  (Dem.  e.  Phacn.  p.  1047,  §  27 ;  c.  Steph, 
ii.  p.  1135,  §  20:  cf.  also  Aeschin.  c.  Ihn.  §  28). 
Upon  the  wife's  death  without  children,  her 
portion  went  back  to  her  guardian  (Isae.  Pyrrh, 
§§  36,  38);  but  if  she  died  leaving  children, 
and  these  were  of  age,  their  father  had  to  hand 
over  to  them  their  mother's  portion,  and,  if 


SITOU  DIKE 

they  were  not  yet  of  age,  he  kept  it  for  them 
until  then  (Dem.  c.  Boeot,  il  p.  1023,  §  50  f.). 
2.  The  law  ordains  that  a  person  ransomed 
from  the  enemy  shall  become  the  property  of 
the  ransomer  if  he  fails  to  pay  the  ransom  (Dem. 
c.  Nioostr.  p.  1250,  §  11);  such  a  person  would 
become  a  slave,  and  there  could  be  no  marriage 
between  a  slave  and  a  free  woman.  There  ar«, 
however,  no  instances  recorded  of  this  law 
being  set  in  force  and  of  a  marriage  being 
dissolved  for  that  reason.  3.  The  portion  of 
the  wife  had  to  be  restored  to  her  xiptos  or 
interest  paid  upon  it  as  stated  above  in  caae  of 
divorce,  both  when  her  husband  sent  his  wife 
away  (dir^tju^if,  [Dem.]  c.  Neaer,  p.  1362, 
§  52;  Isae.  PyrrL  §  28:  SchSmann,  Gr. 
Alterth,  i.'  p.  546,  is  wrong  in  supposing  that 
the  husband  might  keep  her  portion  if  sJae  had 
committed  adultery),  and  when  the  wife  left  her 
husband  (&ir^\c4if,  Isae.  Pyrrlu  §§  8,  35,  78  ; 
Dem.  c.  Onet,  i.  p.  866,  {  8).  Upon  the  transfer 
of  a  woman  from  one  husband  to  another,  which 
was  not  uncommon,  the  vpol{  was  trazisferred 
with  her  (Isae.  Mened,  f  9),  or  the  fonner 
husband  had  to  pay  interest  upon  it  so  long  as 
he  retained  it  (Dem.  c.  Onet,  i.  p.  866,  §  7  :  10 
per  cent.). 

A  woman's  fortune  was  usually  secured  by  a 
mortgage  of  the  husband's   property  [HoRi] ; 
but  whether  this  was  so  or  not,  her  gnardian, 
in  any  of  the  cases  above  mentioned,   might 
brinff  an  action  against  the  party  who  unjustly 
withheld  it — Hlmi  wpouchs  to  recover  the  princi- 
pal, iUcii  (tItov  for  the  interest.     The  interest 
was  called   &irot    (alimony    or    maintenanc(>>. 
because  it  was  the  income  out   of  which    thf 
woman    had    to    be    maintained;    4    SiSo^cn? 
irp6(rotot  els  rpo^p  rtus  yvwai^iPf  etc  (HariK>cr. 
s.  t. ;  cf.  Pollux,  viii.  33).     In  earlier  times  it 
was  probably  customary  to  pay  in  kind,  t>.  is 
com  or  some  other  sort  of  provisions  (cf.  the 
expression  in  [Dem.]  c  Stephan.  ii.   p.    1135, 
§  20,  rhp  airov  fitrp^u^  rp  fitirply  of  the  son  of 
an  iwiicKripos  who  had  come  of  age  and  taken 
possession  of  her  inheritance) ;  but  it  was  soon 
found  to  be  more  convenient  to  commute  this 
for  a  money  payment.      The  Ztieri   cirav  wa< 
tried  before  the  archon  in  the  Odeum  ([Dem.] 
c.  Neaer,  p.  1362,  §  52 ;  Pollux,  viii.  33 ;  Bekk^ 
Aneod,   p.   317;     Photius,   s.   «.);    in    which, 
according  to   Boeckh  (^Sthh,  i.'  p.   110),  corn 
stores  were  kept,  though  the  passage  he  quotes 
(Dem.  c  Phorm,  p.  918,  §  37)  scarcely  bears 
out  this  opinion.      It   is  a  matter   of    doubt 
whether  the    building    of   Pericles    is    meant 
(Hiller,  Herm,  1872,  p.  391  ff.),  or  the  older  one 
near  the  spring  Enneakrounos  (Pausan.  L  14,  1) 
built  by  Solon  or  Pisistratus  (Bursian,  Geogr,  r. 
Griechenl,   i.   p.   299X   the  existence  of  which 
Wilamowitz  denies  {Henn.   1886,   p.   602   n.). 
This  cause,  like  the  Zliai  wpQuc6sy  seems  to  hare 
belonged  to  the  Hfifiiipot  Stiroi,  as  it  was  pr>^- 
sumed  that  the  woman  could  not  wait  long  for 
the   means  of  her  daily  subsistence.      It   was 
MfifiTos,  for  the  damages  were  clearly  liqui- 
dated,  being    a    mere    matter  of    calculation, 
when  the  payment  of  the  marriage  portion  was 
proved  (Att.  Process,  ed.  Lipsius,   pp.    177  L, 
510-527> 

The  regulations  about  marriage-poKions,  etc. 
were  different  in  Gortyna.  Whilst  at  Athens 
giving  a  portion,  though  very  Yisaal,  was  not 


8ITULA 

nececsarj  to  eatablUh  marriage  u  luch  (u 
distinguiihed  fnim  coDcubinige),  ud  wiiilat 
there  the  unonnt  of  the  portion  wu  not  fixed, 
we  find  that  at  Qartjiu,  II  the  Tuhar  vw 
willing  to  giiB  B  portion,  its  amonnt  wb>  regu- 
lated by  tlie  law  of  Inhentaiux,  viz.  it  vu  bllf 
a  son's  ah*r«  (f  qirt  I"  larlr,  ir  ditX^l  i<n,  ib 
4A<>r»  T^i  Tov  ilt>i.pai  ^HpfSoi,  Strab.  i.  4,  20), 
and  »  daaghtsi  thus  endowed  had  no  further 
clum  on  the  ioheritaiicB.  During  mirriags  the 
wifc'a  property  wat  regarded  throughout  ai  a 
■eparmtc  and  iodiTidual  poueisioo.  In  cau  of 
diTorcc  the  wife  received  her  own  property 
brought  to  the  marriage,  half  of  the  produce 
of  bar  property,  half  a(  what  ihe  had  "  woTen," 
aod  five  ataten,  if  the  tarn  waa  the  caiue  of  the 
dirorcs  (ofriot,  ii.  L  47  ffl).  We  do  not  know 
what  the  law  waa  if  the  wife  waa  the  cansi', 
e-9-  if  ahe  had  been  unfaithful ;  ahe  can  acftrcely 
hare  forfeited  her  property.  There  ia  no 
THuoa  to  anppoae  it  wai  M  at  Atbeaa,  though 
it  M*i>u  from  DiCtenberger,  Syll.  I.  Or.  No.  344, 
L  59  l^  that  at  Epheaui  in  aome  caa«  the 
portion  remained  with  the  huahand  (yiuiarrti 

ptirat  AraMrevi  mri  rb-  rijiar).  Upon  her 
death  without  children,  the  huabaud  had  to 
giTc  to  her  Telativea  the  ume  aa  in  a  caae  of 
divorce,  except  the  £ie  atalera  (iii.  I.  31  «.)  ;  if 
there  were  children  they  inherited  her  property 
[ElEBES,  II.}.  Upon  the  huihand'a  death  with- 
out children,  ihe  received  her  own  property, 
half  of  what  ahe  had  >*  woven,"  ■  portion  of  the 

trodncc,  and  vhatever  her  huabaud  had  giren 
er  (iii.  1.  24  ff);  but  if  there  were  children 
and  ahe  Durried  again,  >he  received  her  own 
property  only  and  her  huibaud'a  gjfta  (iii. 
I.  17  S.).  Canful  provisiont  were  made  againiC 
her  carrying  off  anythiug  belonging  to  her 
hnibwid  or  children.  fc.  K.  K7]    [H.  H.j 

SI'TULA,  dim.  8ITELLA  (Mplii),  a  bucket 
for  drawing  wa(«r  from  a  draw-well  (Dig.  18, 1, 


60CCUS 


67S 


water  we. -e  either  of  earthenware  (aa  in  Egypt) 
and  earned  two  together  by  it  yoke,  or  of 
bronze  (see  Marquardt,  Privatiebeit,  p.  656).  In 
Flaut.  Cai,  ii.  4,  17,  it  wu  a  votiDg-um ;  but 
in  tliia  KDre  we  nanally  find  the  diminutive 
form  titclla  (Plant.  Cos.  u.  6,  II ;  Llr.  iiv.  3, 
ili.  IBX  M  ilao  uma  and  orca  (Verg.  Am.  ri. 
431;  Val.  Uai.  vi.  3,  4;  Lncan,  v.  384; 
Vopiac  Fnb.  8).  It  aeema  that,  aa  among  the 
Greeka,  the  um  in  which  the  lota  were  placed 
waa  (itied  with  water;  and  when  tbia  waa 
poured  out,  the  lot  which  appeared  firat  float- 
ing on  it  WM  decisive:  hence  in  Plant.  /.  c„ 
"  Situlam  hue  tecum  aflerlocvm  agtiatt  toilet:  " 


emergtret  "  and  "  Probi  n 


Cit 


Virr.  ii.  5 


127;    i 


Vatin. 


"(of. 
,  34; 


irquardt,  Pricatl.  p.  548).  For  the  difference 
between  liUlla,  the  um  from  which  the  oamea 
of  the  tribes  or  crnturiea  were  drawn  to 
determine  the  order  of  voting,  and  citla  the 
voting-boi,  we  Carl.         [W.  S.]    [G.  E.  IJ.l 

8MINTEIA  (Vrfu),  a  festival  celebrated 
at  Rhodes  (and  perhaps  etaewhere)  in  honont  of 
Apollo  Smintheui  (Athen.  iii.  p.  74  S;  i. 
p.  445  a  :  cf.  Hermann,  OoUeid.  Alt.  g  67,  note 
10).  Ai  regards  the  places  where  Apollo  was 
so  named,  K*  Strabo,  x.  466,  xiii.  604;  Schol. 
ad  It.  i.  3S  ;  Ael.  H.  A.  xiii.  5,  wlio  speaka  of  a 
mouse  fed  in  the  temple  of  A|k>1Id  Sminthetig. 
It  U  beyond  our  Bca[>e  to  dii>cuss  whether  the 
name  aigniliea  "mouse-destroyer,"  and  therefore 
"protector  of  crops,"  or  whether  the  monse 
symbolised   a  destroyer  of  enemies,  or  whether, 

totem  :  see,  however,  Lang,  Cmtam  and  Myth', 
p.  103;  Baumeisler,  DerJan.  p.  1670  (a.  v. 
Scopai),  where  the  subject  ii  illuittated  by  a 
tepreaentolion  on  a  coin.      [L.  S.l    [0.  E.  M.] 

SOCCUS,  dim.  80'CCULUS,  denoted  a 
alipperor  low  shoe,  which  did  not  lit  closely,  and 
was  not  fastened  bv  any  tie  (laid.  Orig.  xii.  33). 
Shoea  of  this  deacription  (_e.g.  the  iri^uEai  and 
ttifioBpev :  aee  Calceub)  were  worn,  more 
eapecially  among  the  Greeka,  together  with  the 
Pallidm,  both  by  men  and  by  women.  We  find 
"aocci  viriles  et  muliebrea"  diatinguiahed  in 
Ed.  Diod.  0,  25 :  the  latter  seem  to  be  oiutlly 
more  oroamented 
(Plin.ff.A'.iiivli. 
I  17  ;  rf.  Suet.  C'l. 
52).  In  the  time 
of  the  Republic  it 


CioTHUKNUa  fOv.  Bern.  Am.  376;  Uart.  viii. 
3,  13 ;  Plin.  H.  S.  vii.  %  111).  The  actor  of  Ihe 
Mums  wore  neither  buskin  Dor  slipper,   end 


680 


SOGIETAS 


BOGIETAS 


was  therefore  called  planipes  (Teuffel,  §  7 ; 
Mayor,  ad  Jut.  riii.  191).  The  preceding 
woodcut  is  taken  from  an  ancient  painting  of  a 
comic  actor,  who  is  dancing  in  loose  yellow 
slippers  (luteum  aoccunij  Catull.  EpHhal.  Jm,  10). 
Cf.  Marquardt,  Privatleben,  595 ;  Becker-Gdll, 
GaUua,  in,  229.    [SOLEA.]    [J.  T.]    [0.  £.  M.] 

SOCrETAS,  *'  partnership,"  is  the  name  of 
a  contract  which  arises  when  two  or  more 
persons  agree  together  to  conduct  for  their  joint 
account  any^  lawful  business,  or  to  share  the 
profits  and  loss  of  any  single  piece  of  business, 
or  even  of  all  their  havings  and  doings.  Accord- 
ing to  agreement,  the  pai'tners  may  contribute 
differently  either  in  property  or  services,  and 
may  have  different  shares  in  the  result.  In 
default  of  agreement,  the  shares  will  be  equal. 
As  a  rule  the  share  of  profits  determines  also 
the  share  of  loss,  and  vice  vend ;  but  this  also  is 
subject  to  agreement,  only  all  partners  must 
have  some  share  in  the  profits.  Otherwise,  it 
would  be  as  Cassius  used  to  call  it,  with  an 
allusion  to  the  fable  (cf.  Phaedr.  L  5),  a  ^  lion- 
like **  partnership  (aocieiae  leonind),  and  invalid. 
Mucins  (i.tf.  Q.  Mucins  Scaevola)  held  that  the 
shares  of  loss  must  be  the  same  as  the  shares  of 
profit,  but  Servius  (t>.  Serv.  Sulpicins  Rufus) 
held  that  this  was  not  necessary,  and  his  opinion 
prevailed  (Dig.  17,  2, 11.  29,  30). 

Partnership  rests  on  consent,  and  may  either 
be  formed  by  particular  words  or  inferred  from 
facts  C'  et  re  et  verbis  et  per  nuntinm  coiri,"  Dig. 
1*6. 4).  It  ceases  on  the  death  of  a  partner  or  on  his 
bankruptcy,  or  on  the  extinction  of  the  thing  or 
conclusion  of  the  business  which  is  the  object  of 
the  partnership,  or  on  the  occurrence  of  the 
time  or  condition  agreed  to,  or  by  notice  given 
by  any  partner  to  the  others.  Civil  death 
(papitit  deminutio)  in  this  as  in  other  matters 
was  originally  equivalent  to  natural  death  ;  but 
the  later  law  confined  such  effect  to  the  loss  of 
liberty  or  citixenship,  while  it  preserved  the 
theory  bv  holding  that  in  the  case  of  a  mere 
change  of  status  (mtn.  cap.  dem.)  a  new  partner- 
ship arose  by  the  consent  of  the  partners  as 
often  as  the  existing  one  was  dissolved.  Notice 
of  retirement  is  good  only  if  the  other  partners 
are  not  unfairly  put  to  a  disadvantage ;  other- 
wise the  retiring  partner  has  to  compensate 
them,  and  loses  his  share  in  the  profits  (Gains, 
iii.  151-154;  Dig.  t&.  63,  10-65,  14  sg.). 

A  partner  must  account  for  all  profits  made 
by  him  in  partnership  matters,  and  manage  the 
business  as  carefully  as  he  does  his  own.  He  is 
liable  for  losses  occasioned  by  his  negligence,  and 
cannot  set  off  against  them  any  profits  produced 
by  his  exertions  (Dig.  t6.  25,  26).  He  can 
recover  from  his  partners  any  expenses  in  the 
conduct  of  the  business  which  he  has  properly 
incurred  (Dig.  •&.  52,  10-15 ;  60,  61 ;  67,  2  ; 
72-74).  The  rights  and  responsibilities  of 
partners  were  enforced  by  a  special  action, 
actio  pro  socio;  i.e.  a  suit  brought  in  the 
character  of  a  partner.  It  could  be  brought 
not  only  by  a  partner  against  his  fellows,  but 
by  or  against  a  partner's  heir,  without  the  heir 
being  himself  a  partner  or  being  made  so  by 
this  action  (Dig.  t6.  35-38 ;  63,  8 ;  65,  9).  It 
was  an  action  bonae  fidei,  i.e.  it  took  account  of 
equitable  considerations  on  both  sides.  Hence 
the  judge  was  called  arbiter  (Cic  pro  Roac.  Com. 
6,  24,  25 ;  Dig.  ib.  38>    Condemnation  in  such 


a  suit  made  a  man  infamous  (Gaius,  iv.  182 ; 
Dig.  3,  2,  1),  but,  as  in  other  cases  of  dosa 
relationship,  was  not  to  be  executed  with,  such 
stringency  as  to  deprive  the  defendant  of  the 
necessary  means  of  subsistence  (''in  id  qnod 
faoere  potest  oondemnari  oportet,"  Dig.  17,  2, 
63  pr.,  3).  Other  rights  of  action  were  not  ex- 
cluded, but  their  effect  was  limited  to  satiafacti«n 
in  excess  of  what  had  been  already  won  by  thu. 
It  differed  from  the  actio  oommutU  dividmndo  by 
being  confined  to  partners  in  the  strict  aenae  of 
the  term,  ix.  persons  to  whom  a  oommvnity  of 
goods  has  come  by  their  own  choice  and  purpose, 
and  not  merely  by  accident  or  legal  dovolataon, 
and  by  its  scope  embracing  not  merely  oorporcftl 
things,  but  debts  and  all  kinds  of  matnal  claims 
and  equities  (Dig.  ib.  43 ;  10,  3,  1-3). 

Partnership  did  not  make  its  memben  into 
one  legal  body :  its  effects  were  confined  to  the 
members  themselves ;  outsiders  wore  in  no  way 
concerned.  As  a  rule  a  partner  bonnd  hioiaelf 
only  to  third  parties;  and  he  could  aiioBAte 
only  his  own  share  of  the  partnership  property 
(68,  pr.).  But  some  toideBcies  towaHa  a 
different  rule  are  found.  From  ad  Mateiu  iL  13, 
19,  it  would  appear  that  solidarity  among  the 
partners  of  a  bank  was  sometimes  customary 
(« id  quod  argentario  tnleris  expensnm  ab  socio 
eius  recto  petere  possis  "),  and  the  cooTviuoncc 
of  the  public  is  given  as  the  cause  of  a  aimilar 
joint  liability  in  the  case  of  companies  of  slare- 
dealers  (Dig.  21,  1,  44,  1)  and  of  shipmasters 
(Dig.  14,  1,  1,  25,  1-4).  And  when  partaen 
appoint  a  captain  of  a  ship  or  a  manager  of  a 
shop,  his  action  makes  each  and  all  liable  to  a  suit 
at  the  hands  of  third  parties.  Of  course  a  peiaoti 
thus  singled  out  would  have  claims  to  be 
imbursed  proportionally  by  his  partner. 

As  examples  of  partnerships  may  be 
tioned :  between  neighbours  to  buy  a  field  for 
profit  (Dig.  ib,  52,  pr.,  31);  between  an  owner 
of  cattle  or  of  land  and  a  farmer  to  pasture  the 
cattle  or  till  the  land  (2);  trading  in  cloaks 
(eagaria  negotiatiOf  4);  letting  chambers  (10); 
building  a  common  wall  (13);  contributing 
horses  to  make  up  a  team  for  sale  (58,  pr.); 
teaching  grammar  (71,  pr.),  &c  One  of  the 
Transylvanian  wax  tablets  (a.Dl  167)  is  a  record 
of  an  agreement  for  partnership  in  a  banking 
business  (danistaria)  concluded  by  stipulation 
(C  /.  L.  iiL  p.  950;  also  in  Bmns,  Pontes). 
Two  of  Cicero's  early  speeches  deal  more  or  less 
with  partnerships,  l^at  pro  MoBdo  Comoedtt 
relates  to  a  slave  belonging  to  Fannius,  whom 
Roscius  agreed  to  train  as  an  actor,  the  alave 
thus  trained  to  be  employed  for  their  common 
profit.  The  speech  pro  Quinctio  relates  to  a 
partnership  in  a  grasing  farm. 

Two  special  forms  of  partnership  reqoiie 
distinct  mention. 

1.  Societas  univeraorum  hoiwfim  is  often 
spoken  of,  and  may  very  probably  have  ori- 
ginated in  the  position  of  brothers  who  were 
coheirs  (cf.  Dig.  ib,  52,  8 ;  10,  2,  39,  3;  31,  89, 
1),  a  relationship  to  which  the  name  of  ooa- 
eortium  seems  to  have  been  specially  applied 
(Dig.  27.  1,  31,  4;  cf.  GeU.  i.  9,  $12),  In  this 
case  all  the  corporeal  property  of  each  partner 
becomes  at  once  without  specific  delivery  com- 
mon to  both,  and  their  future  acquisitions  by 
trade,  inheritance,  gift,  damages  for  bodily  hurt, 
&C.  fell  into  the  common  stock  (Dif«  Aw  l<-3). 


Boon 

2.  Soeietatea  puMicanorum,     The  companies 
-vrho    fiumed    the    public     taxes     stood    from 
their   magnitude   in  a  different  position   from 
ordinary  partnerships;  but  little  is  known  of 
their  legal  character.     An  heir,  however,  became 
It  partner  if  accepted  by  the  others,  and,  if  not 
Accepted,  still  shared  in  the  profits  and  loss 
^Dig.  f&.  59 ;  63,  8).     Such  interested  persons 
may  be  meant  by  the  term  adfines  (Lit.  xliii. 
16, 2  ;  Kuntze,  Cars.  §  697).  The  shares  (jpartes) 
in  these  companies  were  sold  and  rose  and  fell 
in  price  (Cic.  pro  Bab.  Post.  2,  4;  in  Vat  12, 
29).     Some  account  of  their  proceedings  is  given 
in  Cic.  Verr.  ii.  70-77,  §§  170-190.    [H.  J.  R.] 
soon.    The  term  socti  is  the  most  general 
of  the  many  terms  used  to  denote  a  class  of 
states  which,  though  in  partial  dependence  on 
Rome    and    acknowledging    to    the    full     the 
Koman  hegemony,  were  yet,  through  the  pos- 
session of  certain  political  privileges,  not  re- 
garded as  subject  states,  and  were   therefore 
strictly  outside  the  circle  of  provincial  adminis- 
tration.    It  was  the  most  general  term,  since 
it  denoted  the  only  common  bond  which  united 
these  states  with  one  another  and  with  Rome. 
The  separate  relations  that  Rome  might  have 
with    these    states    were    manifold,    but    the 
basis  of  this  union  was  the  idea  of  an  armed 
alliance,  of  which  Rome  was  the  head.    This  is 
expressed  in  the  word   sociiu,  and   still  more 
clearly  in  its  Greek  form  of  tr^fifiaxot-    The 
sodi  of  Rome  were   those  who  were  regarded 
as   having  entered   into  a  perpetual   military 
alliance  with  the  ruling  state;   but  the  term 
socius    hardly   extends  so   far  as  the   alliance 
itself.    The  original   nucleus  of  this  alliance, 
which  embraced  the  whole  of  Italy  and  many 
states  outside  Italy,  was  the  Latin  league.     But 
the  liitins  were  as  a  rule  distinguished  from 
the  sodi,  chiefly  on  account  of  the  peculiar 
privileges   they   enjoyed   in   relation  to   Rome 
[Latinitab],  which  were  not   shared  by  the 
other  allied  communities.      This  distinction  is 
shown  in  such  expressions  as  sodi  ac  nommia 
Laimi  (Liv.  xli.  8,  9),  soctt  et  Latnan  (Sail. 
Hist,  i.  17),  and  perhaps  in  soctt  Zatini  nominis, 
if    this   is  to   be   regarded    as    an    asyndeton 
(Mommsen,  Staatsr,  iii.  p.  661,  n.  2  and  3).     At 
the  other  end  of  the  scale  we  find  sodi  some- 
times used  loosely  to  describe  purely  subject 
states.      Such  usage   naturally  gained  ground 
after  the  Social  war  had   merged  the  Italian 
Rtates,  the  original  socii,  in  Rome,  and  caused 
a   sharp  distinction  to  be  drawn  between  Ro- 
manised Italy  and  the  mainly  dependent  outer 
world  :  but  the  usage  is  incorrect,  and  down  to 
the  end  of  the  Republic  we  find  the  distinction 
drawn  between  the  sodi,  whose  alliance  with 
Rome  necessarily  implied  some  degree  of  inde- 
pendence, and  the  purelv  subject  states  which 
fell  under  provincial  rule  (Cic  in  Caecin.  3,  7, 
''sodi  stipendiariique."    Suet.  Caet.  25,  **om- 
nem  Galliam  praeter  sodas  civitates  in  pro- 
vinciae  formam  redegit  "\ 

The  earliest  political  union  under  Rome, 
which  formed  the  type  of  future  unions,  was 
the  Latin  league.  The  circle  of  alliance  was 
subsequently  extended  outside  the  bounds  of 
Latium  by  the  break  up  of  confederacies  such  as 
the  Hemican  and  the  Samnite,  and  the  reception 
of  the  states,  as  well  as  of  the  Greek  towns  of 
the  south  of  Italy,  into  the  Roman  confederacy ; 


soon 


681 


while  the  mixed  nationalities  of  these  new 
acquisitions,  and  the  definite  military  burdens 
imposed  upon  the  states  so  received,  gave  the 
alliance  a  purely  military  and  political  sig- 
nificance, in  which  the  older  bonds  which  drew 
these  states  together,  community  of  blood  and 
language,  were  wholly  lost.  The  effect  of  this 
extension  was  to  present  Italy  (Greek,  Latin  and 
Oscan)  as  a  united  whole,  and  to  create  a  new 
nationality,  of  which  the  geographical  and 
political  significances  were  coincident,  that  of  the 
Italici.  This  term  was  at  first  coincident  with 
the  expression  soctt  nominisque  Latini ;  but  as  the 
socii  soon  came  to  include  favoured  states  in 
the  extra-Italian  world,  such  as  Athens  and 
Rhodes,  it  soon  ceased  to  denote  an  exclusive 
political  status,  and  became  merely  a  descriptive 
expression.  To  the  similar  connexion,  into 
which  Rome  entered  with  states  outside  Italy, 
the  already  organised  Italian  alliance  gave  the 
form  in  all  its  main  outlines;  there  was  the 
same  recognition  of  independence  and  autonomy 
which  was  necessary  to  constitute  alliance, 
although  of  necessity  certain  elements  which 
entered  into  the  Italian  were  less  strongly 
marked  in  the  extra-Italian  union.  This  was 
particularly  the  case  as  regards  the  fixed 
military  duties  of  the  allies.  In  Italy  such 
military  requisitions  were  fixed,  regular,  and 
frequent,  and  the  Italians  furnished  the  large 
portion  of  the  land  forces  which  were  Rome's 
chief  source  of  power :  the  Greek  states,  on  the 
contrarv,  like  Neapolis  and  Rhodes,  were 
generally  requisitioned  to  furnish  ships;  and 
as  the  marine  of  the  Romans  attained  nothing 
like  the  permanent  importance  of  their  land 
army,  fixed  requisitions  on  the  extra-Italian 
allies  were  less  frequent,  and  far  less  of  a 
ruling  element  in  the  bond  that  connected  them 
with  the  Romans.  But  the  power  to  make 
requisitions  always  remained  an  essential  part 
of  the  theory  (Liv.  xlv.  25 ;  Polvb.  xxi.  1,  4), 
and  this  condition  was  the  same  for  the  Italian 
and  the  non-Italian  socii ;  it  carried  with  it 
the  idea  of  subjection  as  clearly  as  that  of 
partial  independence. 

But  the  notion  of  subjection  was  expressed 
more  in  the  fact  than  in  the  legal  theory.  It 
was  shown  most  clearly  by  that  intermediate 
position  in  which  the  state  in  question  stood, 
before  the  terms  of  alliance  were  definitely 
concluded  with  it.  This  was  the  condition  ex- 
pressed by  the  word  deditio.  A  community  that 
as  yet  had  no  definite  status  in  the  Roman 
Empire,  and  yet  sought  such  a  status,  had  first 
to  surrender  itself  to  the  power  (in  dicionem, 
Liv.  xxxvii.  45,  2 ;  in  potestatem,  Liv.  xxxix. 
54,  7),  or  the  honour  (tn  fdem,  Liv.  viii.  2,  13) 
of  the  Roman  people,  for  the  expressions  **in 
fidem"  and  "in  dicionem,**  though  they  are 
sometimes  distinguished,  according  as  the  ex- 
pectations and  desires  of  the  conquered  people 
are  considered,  express  the  same  condition 
(Polyb.  XX.  9,  12,  irap&  'Pw/Aotoir  lo'oSura^c?  t6 
T«  us  r^v  irlcnv  oibrhv  iyxttplffai  Kol  rh  r^y 
iirnpowiiv  Sov^oi  irepl  aJbrov  t#  Kparovyri),  ^  A 
community  that  had  come  into  this  condition 
had  no  legal  rights  to  be  considered,  and  no 
legal  claims  to  urge.  If  an  alliance  was  sought 
and  accepted,  the  terms  of  this  alliance  were 
dictated  by  the  Romans;  if  such  autonomy 
continued  to  be  possessed  by  the  state  as  was 


682 


Bocn 


80cn 


necessar/  to  constitute  it  a  aoda  civUaSy  such 
aatonomy  was  restored  to  it  by  the  Romans. 
The  international  relations  that  followed  this 
condition  of  temporary  subjection  were  mani- 
fold :  and  the  various  relations  towards  herself 
that  Rome  imposed  on  such  communities,  as 
expressed  by  the  ttYm.%  foedus^  libertas,  ahrth' 
yofjdof  cannot  be  sharply  distinguished.  These 
terms,  though  they  may  be  used  to  denote 
different  sides  of  the  same  status,  yet  express 
an  ascending  scale  of  rights,  ainovoida  inrolving 
least,  foedvu  most.  A  state  is  self-goveming 
(tArSm/ws)  in  virtue  of  the  enjoyment  of  its 
own  laws:  free  (iib^rd)  in  viiine  of  the 
nominally  soveraign  independence  it  enjoys  in 
relation  with  Rome.  Lastly,  foedus  existed 
between  Rome  and  any  state  that  had  a  sworn 
and  therefore  binding  compact  with  Rome ; 
but  the  term  foederaU  was  apparently  not 
applied  to  all  states  that  had  such  a  treaty. 
It  was  not  usually  applied  to  the  Latin  com- 
munities, although  strictly  speaking  they  were 
foederati  (ac.  pro  BalbOj  24^  54,  «*Latinis,  id 
est  foederatis  "),  for  the  same  reason  that  they 
did  not  come  under  the  generic  title  socsi, 
because  their  poeition  was  higher  than  that  of 
the  ordinary  socii  or  foederati.  Again  the 
term  foederati  was  not  employed  to  denote  the 
dependent  kingdoms  or  dynasties  that  had 
terms  of  alliance  with  Rome.  The  standing  re- 
lations between  Rome  and  these  reges  tocii  being 
only  regarded  as  binding  during  the  lifetime  of 
the  ruling  prince  and  having  to  be  renewed 
with  his  successor,  these  communities,  though 
regarded  as  members  of  the  armed  alliance,  and 
therefore  as  sociV,  were  not  regarded  as  having 
their  position  secured  by  a  lasting  and  irre- 
vocable alliance,  and  were  not  therefore  spoken 
of  BA  foederati :  and  thus  we  find  the  reges  not 
included  in  but  classed  by  the  side  of  the  populi 
liben  and  the  foederati^  in  the  enumeration  of 
the  different  kinds  of  states  that  stood  in  any 
degree  of  permanent  relationship  with  Rome 
(Aelius  Gallus,  ap.  Fest.  s.  v.  postiimmiwUf 
p.  218,  '*  cum  populis  liberis  et  cum  foederatis 
et  cum  regibus  postliminium  nobis  est  ita  uti 
cum  hostibuB*').  The  distinction  between  iiberi 
and  foederati  is  the  distinction  between  states 
that  were  independent  of  any  other  sovereign 
power  (Dig.  49,  15,  7,  1,  ^  liber  populus  ^est  qui 
nuUius  alterius  populi  potestati  est  subjectus  "), 
and  states  the  independence  of  which  was  re- 
cognised by  a  binding  treaty.  Every  foederata 
was  of  necessity  also  a  libera  civitas,  since  no 
treaty  could  be  concluded  with  a  state  that 
did  not  possess  the  sovereign  power  expressed 
in  liberias:  but  a  state  might  be  libera,  and 
have  all  the  advantages  which  the  recognition 
of  independence  conferred,  without  having  what 
was  in  this  case  merely  a  permitted  indepen- 
dence, recognised  by  a  treaty  the  observance  of 
which  was  guaranteed  by  the  community  that 
dictated  it,  without  being,  that  is,  a  foederata 
civitas  {iwl  avyd^iuus  ivofucotf  App.  Bt^,  Civ,  1, 
102),  or  as  it  was  sometimes  more  fully  called 
a  iibera  et  foederata  dvitaa  (Plin.  JEp.  92 ;  Suet. 
Co/.  3 ;  Niebuhr,  Hiet.  of  Borne,  iii.  p.  616 ; 
Mommsen,  Staatar,  iii.  pp.  656,  657).  In  the 
terms  of  the  foedus  concluded  between  Rome 
and  an  Italian  or  non-Italian  state,  there  was 
always  practically  a  recognition  of  lemi-depen- 
dence  in  the  latter,  and  an  assertion  that  the 


fullest  hegemony  was  vested  in  the  oeutrtl 
state ;  but  in  some  of  these  treaties  there  was 
a  formal  recognition  to  the  same  effect  oontaiQitl 
in  the  clause  that  the  state  to  which  the  treat  r 
was  granted  **  should  respect  the  majesty  o( 
the  Rioman  people."  A  treaty  containing  thi» 
clause  did  not  technically  diminish  the  libertas 
of  the  state  with  which  it  was  concluded,  but 
merely  asserted — what  in  every  foedus  wss 
tacitly  implied — ^the  superiority  of  the  state 
which  dicUted  the  treaty  (Dig.  49,  15,  7,  1, 
^  hoc  adjicitur,  ut  intellegatur  alterum  popu- 
lum  superiorem  esse,  non  ut  intellegatur  al- 
terum non  esse  liberum."  Cic  pro  Baibo,  16, 
35,  *'  ille  in  foedere  inferior  cum  alterius  populi 
majestas  conserrari  jubetur  **).  Vague  as  the 
expressions  foedus  aequum,  foedus  iniquum  are, 
yet,  when  strictly  employed,  they  appear  respec- 
tively to  denote  a  treaty  the  character  of  which 
was  determined  by  the  absence  or  presence  of 
this  restrictive  clause  (Dig.  L  e.:  **  is  foederttos 
est  item  sive  aequo  foedere  in  amicitiam  venit 
sive  oomprehensum  est  ut  is  populus  alterius 
populi  majestatem  comiter  conservaret  'T* 

Every  alliance  implies  the  sacrifice  of  some 
rights  on  the  part  of  the  contracting  states. 
The  nature  of  the  rights  sacrificed  on  either 
side  shows  the  equality  or  inequality  of  the 
alliance:  and  the  real  dependence  of  the  socii 
on  Rome  was  strongly  marked  by  the  perpetual 
sacrifice  of  certain  rights  on  their  psirt  which 
were  inconsistent  with  the  hegemony  of  Rome. 
Such  was  the  renunciation  of  the  free  right  of 
declaring  war,  which  was  accompanied  by  the 
loss  of  the  parallel  right  of  making  independent 
treaties ;  the  sole  exceptions  are  to  be  found  in 
the  case  of  the  more  distant  reges  socii,  such  u 
those  of  Mauritania  and  Cappadocia,  who  exer- 
cised the  right,  which  was  perhaps  not  formally 
denied  to  them,  of  conducting  border  wan  on 
their  own  account.    The  Roman  principle  of  the 
separation  of   interests  also    insisted   on   the 
breaking  up  of  the  standing  national  confeders^ 
tions  within  the  allied  states.    The  merging  of 
the  Latin  confederacy  in  Rome  had  been  fulowed 
by  the  break-up  of  the  Hemican  and  Etruscan 
leagues,  and  no  hegemony,  such  as  that  exercised 
by  Rome  over  her  socii,  was  permitted  to  anj  of 
these  allied  states  over  others,  the  *'  octo  oppids 
sub  dicione  Praenestinorum  *'  mentioned  by  Utj 
(vi.  29)  being  probably  an  exceptional  diesitU 
entered  into  for  the  purposes  of  revolt  (Momm- 
sen,  Staatsr,  iii.  p.  658,  n.  1).    In  the  prorinccs 
also  the  ancient  trvft^uMxiai  were  broken  up. 
This  was  the  case  with  Athens,  whose  depen- 
dencies when  retained  became,  as  the  island  of 
Delos   did,  her  actual  possessions,  which  msr 
have  been  regarded  as  deruchles,  and  which 
were  governed  directly  by  Athenian  hnfuX^sl 
(Gilbert,  Staatsalterth.  i.  p.  425>     Similarly, 
with  the  entrance  of  Rhodes  into  direct  wcicUa 
with  Rome,  her  hegemony  over  Lyda  and  Csris 
was  lost  (Polyb.  xxx.  5,  12 ;  Liv.  xliv.  15, 1> 

The  most  distinctive  duties  performed  by  the 
allies  of  Rome  were  those  connected  with  par- 
poses  of  war.  The  idea  of  the  alliance  presup- 
posed warlike  service,  and  the  position  of  Boine 
with  respect  to  her  allies  no  doubt  carried  with 
it  the  right  to  an  indefinite  demand  for  such 
service  whenever  occasion  required.  As  regards 
the  Italian  allies,  theiv  were  definite  regulations 
as  to  the  amount  of  the  contingents  they  were 


\ 


> 


8ocn 

expected  to  famish.  The  same  was  the  case 
w^ith  the  Greek  states,  the  usual  requisition  on 
which  was  ships  of  war.  The  amount  of  the 
contingent  was  definitely  fixed,  and  in  some 
cases,  as  in  that  of  the  Rhodians,  was  changed 
from  time  to  time  (Dio  Chrysost.  Or.  31,  p.  620), 
while  to  some  of  these  states  a  special  exemption 
from  regular  service  was  granted  (Cic.  m  Verr* 
▼.  19,  50).  But  it  was  from  the  land  army  of 
the  Italians,  the  togaiif  or,  as  the  Roman  formula 
more  fully  expressed  it,  the  "socii  nominisve 
Latini,  quibns  ex  formula  togatorum  milites  in 
Italia  imperare  aolent "  (C.  /.  L,  i.  200X  that 
the  main  strength  of  the  auxiliary  forces  was 
deriTed.  The  number  of  troops  required  was 
decreed  erery  year  by  the  senate  (Lir.  xli.  5,  &c.), 
and  the  consuls  fixed  the  amount  which  each 
allied  state  was  to  send,  in  proportion  to  its 
population  capable  of  serrice.  The  names  of 
persons  so  liable  were  contained  in  the  formiUae 
of  the  several  states  (Liv.  xxii.  57,  xxvii.  10, 
'^ milites  ex  formula  paratos  esse"),  service 
being  regulated  by  the  census,  which  was 
modelled  on  that  of  Rome  (Liv.  xxix.  15,  ''cen- 
snmque  in  iis  ooloniis  agi  ex  formula  ab  Romania 
censoribus  data "),  and  under  the  conditions  of 
the  special  exemptions  from  service  granted  bv 
the  treaty  (^'vacatio  rei  miUtaris  ex  foedere, 
Lex  Jul.  Munic  1.  93 ;  C  L  X.  i.  n.  206).  The 
consuls  appointed  the  place  and  time  at  which 
the  troops  of  the  sodi  were  to  meet  him  and 
his  legions  (Polyb.  vi.  21,  4 ;  liv.  xxxiv.  56, 
zxxvi.  3,  &C.).  The  contingents  of  the  several 
states  remained  together  in  separate  cohorts, 
each  under  its  own  commander,  and  each  fur* 
nished  with  its  own  quaestor  (Polyb.  vi.  21,  5). 
The  commander  was,  probably,  in  most  cases 
the  magistrate  of  the  state,  as  the  praetor  of 
Praeneste  (Liv.  xxiii.  19,  7)  and  the  soldiers  of 
the  separate  states  took  the  Mcramantum  to 
their  own  commander  (Polyb.  /.  c).  Besides 
these  separate  officers,  the  consuls  appointed 
twelve  prefects,  apparently  Roman,  as  com* 
manders  of  the  whole  body  of  the  socii,  and 
their  power  answered  to  tnat  of  the  military 
tribunes  in  a 'consular  army  (Polyb.  vi.  26,  h% 
the  whole  staff  of  officers  acting  in  obedience  to 
the  consul.  These  prefects  selected  }  of  the 
cavalry  and  J  of  the  infantry  of  the  socii,  who 
formed  a  select  body  called  the  extraordinarii. 
The  remainder  were  then  divided  into  two  large 
divisions,  called  the  right  and  the  left  wing 
(Polyb.  /.  c. ;  Liv.  xxxv.  5) ;  each  of  these  alMf 
composed  of  cohorts  and  commanded  by  six 
praefecti,  closely  resembled  a  Roman  legion,  and 
we  find  the  socii  on  one  occasion  organised  as 
legions  (Liv.  xxxvii.  39).  The  infantry  of  the 
allies,  on  the  occasion  of  a  single  levy,  was 
usually  more  numerous  than  that  of  the  Romans ; 
their  cavalry,  which  was  divided  into  iurmae^ 
generally  tnree  times  more  numerous  (Polyb. 
▼i.  26).  Pay  and  clothing  were  given  to  the 
allied  troops  by  the  states  to  which  they 
belonged,  the  quaestors  who  accompanied  eacn 
contingent  being  appointed  for  this  purpose; 
but  Rome  furnished  them  with  provisions  at 
the  expense  of  the  Republic,  the  allied  infantry 
receiving  the  same  as  the  Roman,  the  cavalry 
somewhat  less  [Stipendiuh].  The  right  of  the 
allies  to  share  in  the  distribution  of  the  spoils 
of  war  and  of  ccmquered  lands  was  fireely  recog- 
nised, and  on  some  occasions  they  received  an 


80CU 


68S 


equal  share  with  the  Romans  (Liv.  xxxix.''^; 
xl.  43).  But  that  they  had  no  standing  right 
to  such  an  equal  distribution,  such  as  that  said 
to  have  been  possessed  in  ancient  times  by  the 
Latin  and  Hemican  confederacies  (Dionys.  vi  95  ( 
viii.  77),  is  shown  by  the  fact  that  on  sonye 
occasions  these  proportions  were  not  maintaii^ 
(Liv.  xli.  13).  The  contingents  of  the  Italian 
socii  are  sometimes  called  auxilia  (Sail.  Ju^.  89), 
those  of  the  allies  outside  Italy  being  described 
as  auxUia  externa  or  prownciaiia  (Liv.  xxii.  37, 
7 ;  xL  31,  1).  After  the  Social  war,  however, 
which  merged  the  Italian  allies  in  Rome,  the 
Italian  auxilia  or  togati  disappear,  and  the  word 
auxilia^  during  the  later  Republic  and  the 
Empire,  always  signifies  non-Italian  contingents, 
chiefly  those  which  made  up  the  light-armed 
troops  of  the  Roman  forces. 

Although  the  furnishing  of  regular  contin- 
gents was  not  held  inconsistent  with  the 
autonomy  of  the  states  in  alliance  with  Rome, 
the  furnishing  of  a  regular  tribute  was.  It  is 
true  that  some  of  the  dependent  kingdoms  paid 
a  tribute  (Polyb.  ii.  12,  13)  which  was  in  the 
nature  of  a  war-indemnity ;  but  during  the 
early  period  of  the  Roman  Empire  liability  to 
tribute  was  a  token  of  subjection,  and  neither 
the  Italian  allies  nor  the  liberae  or  foederatae 
Givitate$  in  the  provinces  were  subject  to  it; 
foedua  implies  Hbertat,  and  liberias  (ix,€v0€pia)  is 
invariably  conjoined  with  tnimiintitos  (ftr^Xcto, 
Pans.  viii.  43,  iXwOtploM  col  dr^Xciay.  Strabo, 
p.  595,  4\€vO€pitu^  KM  iiKtiTovpyjic-iatf,  Cic.  m 
Verr,  iii.  6, 13,  ''liberae  et  immunes").  Although 
this  principle  was  modified  to  some  extent  in  the 
later  Republic  [limuNiTAS],  yet  stipendiatrii  was 
ever  the  main  antithesis  to  socii  (Cic  pro  Balbo^ 
9,  24;  Marquardt,  Staatswrw,  p.  346).  This 
general  immunity  of  the  allied  states  was 
accompanied  by  an  assertion,  such  as  that  con- 
tained in  the  Lex  Antonia  de  Termessensibus  of 
71  B.C.,  that  their  territory  was  under  their 
own  control,  and  that  such  public  revenues  as 
were  raised  from  it  should  be  raised  by  their 
own  governments  and  for  their  own  local  pur- 
poses (Lex  de  Term.  C,  I.  L.  i.  n.  204,  {  L  10, 
^  quel  agri,  quae  loca,  &c.,  utei  antea  habeant 
possideant."  Cf.  C.  /.  G,  2737,  lx«Mriy  uparwrw 
XpAiToi  Kaffwl^rnvral  rt  wdirrwtf  wpayfidruv 
drcXfftf  6rr9s)f  and  it  is  on  this  right  that  the 
exemptions  from  the  quartering  of  troops  recog- 
nised in  the  law  of  Termessus  ^i.  5)  is  based. 
Rome,  however,  claimed  of  her  own  right  to 
confer  exemptions  from  local  burdens  on  the 
citizens  of  such  states  (Liv.  xxiii.  20,  2 ;  CI,  L. 
i.  n.  206,  1.  93)  and  to  claim  exemptions  for  her 
own  citizens  from  local  dues  (Lex  de  Term.  i. 
35).  The  enjoyment  of  the  control  of  their  own 
territory  by  the  allies  was  necessarily  accom- 
panied by  the  fullest  permission  of  local  admin- 
istration both  in  respect  to  jurisdiction  and  the 
power  of  living  according  to  local  ordinances  or 
of  making  local  laws,  provided  these  did  not 
conflict  with  the  terms  oi  the  treaty  or  the  con- 
ditions expressed  in  the  lex  data  (Lex  de  Term, 
i.  10,  *<suis  legibus  utei  liceto,  quod  advorsus 
banc  legemnon  fiat ").  As  regards  jurisdiction, 
the  allied  state,  if  in  Italy,  was  outside  the 
authority  of  the  Roman  magistrate ;  if  without 
the  bounds  of  Italy,  of  the  provincial  adminis- 
trator; and  the  exercise  of  jurisdiction  by  such 
aii  official  was  improper  (C^c.  di9  Froo.  Ccna.  3, 6, 


684 


BOCn 


SOLEIA 


^  omitto  jurisdictionem  in  libera  civitate  contra 
legis  senatusqne  consulta ; "  cf.  pro  Domo,  9,  23). 
An  important  fact  in  the  histoir  of  the  allies  is 
the  extent  to  which  they  were  affected  bj  Roman 
legislation.  A  great  distinction  was  obsenred 
in  this  respect  between  the  nearer  and  the  more 
distinct  socii.  Circumstances  demanded  that 
the  near  neighbours  of  the  Romans,  the  Italici, 
should  be  brought  into  closer  conformity  with 
Roman  customs  than  the  more  distant  allies : 
and  many  institutions  of  the  Roman  civil  law  as 
well  as  many  legislative  acts  were  extended  to 
tne  former.  With  regard  to  the  laws  mentioned 
by  Cicero,  of  inheritances,  testaments,  and  "  in- 
numerabiles  aliae  leges  de  civili  jure"  which 
were  accepted  by  the  allies  (^quas  Latini 
roluemnt  adsciverunt,*'  Cic.  pro  Balbo,  8,  21), 
there  is  no  di  faculty,  but  many  others  are 
mentioned  as  having  bound  the  Italian  allies, 
such  as  the  plebiscitum  regulating  the  jua 
credUae  pecuniae  (Liv.  zxxv.  7)  and  the  sump- 
tuary Lex  0idia  which  was  an  extension  of  the 
Lex  Fannia  to  the  Italic!  apparently  against 
their  will  (Macrob.  Sat,  iii.  17,  6),  in  which 
there  is  no  mention  of  the  usual  formula  of 
acceptance,  "fundi  (t.^.  auctores,  Fest.  p.  89) 
iacti  sunt."  Formal  acceptance,  however,  there 
may  have  been  in  these  cases,  and  this  was  most 
distinctly  recognised  in  the  important  matter 
of  the  conferring  of  the  oivUcit  [Foedebatae 
Ci  vitateb].  As  regards  this  right  of  acceptance 
or  rejection  there  was,  m  accordance  with  the 
principle  already  mentioned,  no  distinction 
drawn  between  a  libaxi  and  Afooderata  cnitoB 
(Cic.  pro  Balbo,  8,  20,  '*  foederatos  populos  fieri 
fundos  oportere  non  magis  est  proprium  foedera- 
torum  quam  omnium  liberorum").  By  far  the 
most  striking  instance  we  possess  of  the  direct 
interference  of  Rome  with  the  allied  states  is 
the  Senatusconsultum  de  Bacchanalibus,  which 
extended  penalties  to  the  members  of  the 
Bacchanalian  conspiracy  all  over  Italy  (Liv. 
xxxix.  19 ;  C.  I.  X.  i.  n.  190).  This  was  an 
exceptional  assumption  of  the  senate's  power 
even  for  Rome,  and  their  power,  as  exercised  in 
this  case,  was  based  on  their  actual  control  of 
the  Romui  world,  and  does  not  afifiect  any  legal 
theory  of  autonomy.  The  general  position  of 
the  Roman  senate,  as  regards  the  allies,  was 
that  of  a  uniting  and  controlling  power.  It 
might  revoke  grants  which,  as  not  being  held  by 
a  tixed  treaty,  were  terminable  at  pleasure  (Lex 
de  Term.  ii.  5,  '*ne  quis  magistratus  milites 
introdueito  nisi  senatus  nominatim  decreverit "), 
<nu'i  it  adjusted  the  conflicting  claims  of  states 
both  within  and  without  the  bounds  of  Italy 
(Liv.  xlv.  13;  Dittenberger,  n.  240):  some- 
times referring  questions  respecting  the  internal 
difficulties  of  these  states  to  the  decbion  of 
Roman  patronif  with  whom  they  had  entered 
.  into  relations  of  cUentship  (Liv-  ix.  20  ;  Cic.  pro 
SuOoy  21,  60).  The  senate's  control,  as  it  was 
usually  exercised,  did  not  conflict  with  the 
amount  of  autonomy  implied  in  the  fact  of 
alliance,  since  this  did  not  extend  to  independent 
international  relations.  The  tenure  of  indepen- 
dence by  a  foederata  cmtas  lasted  theoretically 
as  long  as  the  conditions  of  the  foedus  were 
observed :  the  autonomy  of  the  states  that  were 
merely  liberae  was  always  from  its  very  nature 
of  a  precarious  tenure ;  but  the  notorious  abuse 
of  self-government  by  a  foederata  civitas  might, 


during  the  principate,  cause  a  foedui  to  be 
rescinded,  and  the  direct  provincial  government 
to  replace  the  misused  autonomy  (Suet.  Avg. 
47;  Ciaud,  25;  Veep.  8).  The  tendency  of  the 
imperial  administration  was  towards  an  equali- 
sation in  the  position  of  prorincial  states,  and 
even  when  libertas  was  not  taken  from  the 
states  which  possessed  it,  yet  the  supervision  of 
these  by  the  iiopBtrrai  or  impop$9tral  (cor^ 
rectores)  and  the  ?u>yurreti  (curatoree)  appointed 
by  the  emperor  (Mommsen,  Siaatsr.  ii.*  p.  858 ; 
Marquardt,  SiatUsverw,  i.  p.  358)  rendered  their 
position  but  little  different  from  that  of  the  pro> 
vincial  subject  towns :  and  the  libertas,  which 
was  the  necessary  condition  of  societas,  practically 
disappeared ;  but  the  name  Uberae  still  continued 
to  be  applied  to  certain  states  even  after  the 
extension  of  the  civitas  by  Caracalla,  and  down 
to  the  time  of  Constantine  (Marquardt,  Stoats- 
veruj,  i.  p.  359). 

(Mommsen,  StaatdrecHt,  iii.  pp.  645-715; 
Marquardt,  Staatsverwaltung,  i.  pp.  18-89  and 
pp.  345-353 ;  Walter,  Oeschichte  des  rmmscken 
JRechts,  p.  192  ff.)  [A.  H.  G.] 

SCyClUS.    [Societas.] 

SODA'LES.    [CoLLBaiUK.] 

SODAU'TItlBI. '  [AMBITUS.] 

SOLA'RIUM.    [Hobologium;  Doxu&] 

SO'LEA.  1.  The  most  primitive  form  of  foot- 
gear is  the  sandal.  It  consists  simply  of  a  sole 
of  matting,  leather,  felt,  or  wood  bound  to  the 
foot  by  thongs  and  straps.  It  was  not  onlj 
worn  by  the  Greeks  and  Romans  of  all  periods, 
but  still  survives.  In  studying  its  use  in  classical 
times,  there  is  great  difficulty  in  distingmshiog 
it  from  the  various  forms  of  boots  and  shoes 
which  were  used  side  by  side  with  it.  Even  if 
we  were  able  to  identify  the  rarious  shapes 
mentioned  in  literature  with  those  shown  on  the 
monuments,  the  question  would  not  be  settled, 
for  the  transition  frt)m  one  class  to  another  is 
represented  by  so  many  intermediate  forms  that 
a  hard  and  faat  line  cannot  be  drawn. 

In  the  Homeric  age  the  vc^aXo,  which  were 
worn  by  men  (i7.  ii.  44,  &cX  are  doubtless 
sandals,  for  they  are  called  bwoiiifuera  (Otl  viii. 
368)  and  bound  to  the  foot  (/7.  xxiv.  340,  Ik.> 
Whether  women  used  them  or  not  is  doubtfol, 
though  goddesses  wore  them  out-of-doors  (/^ 
xiv.  186>  The  epithets  Kokdj  XP^*^  A^^ 
ffta,  given  to  them,  convey  no  infonnatioa  as  to 
their  shape  and  make.  Those,  however,  won 
by  common  folk  must  have  been  simplicity  itself 
for  we  are  told  how  Eumaens,  when  setting  wi 
for  the  city,  made  himself  a  pair  out  of  a  well- 
dressed  ox-hide  (Od  xiv.  23).  Such  sudsls 
remained  in  use  in  the  country,  being  mentioned 
by  Sappho  (Frag.  98,  Bergk,  rk  Ik  d^t^oAa 
W€fjar€fi6na)t  and  Hesiod's  advice  to  have  them 
lined  with  felt  (Op.  541)  auggvsts  that  they 
were  of  the  same  kind  as  the  sandals,  worn  over 
very  thick  stockings  by  the  peoples  of  the  lower 
Danube,  the  form  adopted  by  the  Bnlgaiisn 
army  being  the  best  known.  Sach  ssodils 
were  made  in  extremities  even  out  of  nv 
hide,  and  were  known  as  Kopfiarivai  (Xen.  AMb. 
iv.  5). 

In  classical  times  it  was  not  unusual  among 
the  Greeks  to  go  barefoot.  With  the  Spartsns 
this  waa  indeed  part  of  their  discipline  (Xcp. 
Eep.  Lac.  ii.  3,  and  passages  on  hnmh^i^  "> 
Becker-GoU,  CharikleM,  ilL  267),  and  philoiopheis 


80LEA 


SOLEA 


685 


and  others  of  an  ascetic  tnm  adopted  the  custom 
of  Athens  and  elsewhere  (cf.  Theocr.  ziv.  5, 
TlvBayopucriLs  &xp^'  Kianiir69fiTot),  Tet  even 
Socrates,  the  best  known  of  the  barefoot  philo- 
sophers (Aristoph.  JVtifr.  103),  though  he  wore 
no  shoes  in  the  snow  and  ice  at  Potidaea,  pat  on 
slippers  when  going  to  Agathon's  supper  (Plato, 
8ymp,  174),  as  was  the  fashion  (Aristoph.  Eq. 
B89).  The  cut  and  fit  of  his  sandals  and  shoes 
was  indeed  not  one  of  the  least  of  the  Greek 
dandy's  anxieties  (Plato,  Phaedo,  p.  64  DX  and 
many  are  the  jokes  at  ill-fitting  boots  (Aristoph. 
Eq.  321),  which  were  the  sure  mark  of  a 
boor  (Theophr.  Chcar,  4).  The  general  name  for 
all  sandals  is  hw6ZifiiAa,  the  word  frw^iXtw  or 
crdMoAor  being  also  used  in  the  same  sense  (the 
old  distinction  between  these  words  is  due  to  « 
mistake  of  Salmasios ;  cf.  Pollux,  yii.  84,  ed. 
Knhn). 

The  sole  of  the  sandal  (ircA^io,  icdrrv/ua)  was 
of  one  piece  or  several  layers  of  leather.  One, 
for  instance,  discovered  in  the  Tauric  Cher- 
sonnese  and  now  at  St.  Petersburg,  has  a  sole 
made  of  eleven  or  twelve  layers  of  leather,  the 
upper  surface  being  ornamented  with  gold 
(Stephani,  Compte  Rendu,  1865 ;  cf.  1881,  p.  142, 
and  Taf.  iii.  4  and  5).  Thick  soles  were  in 
fact  worn,  like  modern  high  heels,  to  give  ladies 
greater  height  (cf.  Xen.  Oec.  10,  2).  Wood  was 
used  as  well  as  leather,  not  only  for  coarse 
cheap  clogs  (icpo^c^ai,  iculponeae),  but  for 
expensive  and  delicate  sandals  for  ladies'  wear 
(rvppi)yiffd.  Poll.  vii.  93 ;  Clem.  Alex.  Paed.  ii. 
11,  116).  A  specimen,  which  however  probably 
belongs  to  Roman  times,  was  discovered  in  1876 
near  Kertsch  in  the  Crimea.  It  is  formed  of 
three  layers,  joined  together  by  pegs,  the  top 
layer  being  painted  red  and  covered  with  leather. 
Round  the  edge  are  a  number  of  pairs  of  holes 
for  attaching  strings  or  thongs  {Compte  Rendu, 
1881,  p.  1^,  with  fig.).  Cork  was  abo  used 
for  soles  (cf.  Alexis  ap.  Athen.  xiii.  p.  566). 

The  most  characteristic  feature  of  the  sandal 
was  the  (vy6s  or  fvy^y,  a  strap  which  ^passed 
across  the  toes  and  held  it  on  the  foot  (Arist.  ^s. 
416,  and  Schol.  ad  Ux.).  (In  Strabo,  vi.  p.  259, 
however,  Ajfirya  o'ayS.  certainly  means,  as  Becker 
takes  it  in  opposition  to  B(Stticher,  odcf  sandals, 
i.«.  not  a  pair.)  To  the  (vyhs  was  attached  a 
thong,  which  passed  between  the  great  toe  and 
the  second  toe.  This  and  the  other  straps  which 
held  the  other  parts  of  the  sole  were,  as  a  rule, 
kept  tight  by  a  latchet  Qingvia)  over  the  instep. 
This  was  of  metal,  and  of  a  heart-  or  leaf-shape. 
It  was  part  of  Parrhasius's  magnificence  to  have 
had  latchets  of  gold  on  his  slippers  (jcpvaoXs  re 
it^eunraffrois  mir^tyy§  rmv  fiXavr&y  robs  hm- 
ywyiai,  Athen.  xii.  543  f).  The  network  of 
straps  and  thongs  was  sometimes  so  thick  as  to 
make  the  sandals  practically  a  shoe,  and  often 
reached  as  far  as  the  calves.  Such  were  doubt* 
less  the  palZta,  which  Pollux  (vii.  64)  explains 
as  voXv/xucroy  5ir($8i};ia. 

Of  the  different  varieties,  for  the  fiKavrm  see 
Calceub,  Vol.  I.  p.  332.  The  /3avic(5ff,  which 
were  also  fashionable  and  expensive  (Poll.  vii. 
94),  were  probably  somewhat  the  same,  but 
only  worn  by  women.  Aristophanes  also  men- 
tions W9pi$apl9€t  as  a  luxurious  form  of  sandal 
(Zys.  45,  47,  53),  though  Pollnx  says  that  it 
was  only  worn  by  slaves.  [For  the  Kpjfwts,  see 
Cbipida.] 


As  we  have  said,  tmHifuera  is  a  word  used 
vaguely,  and,  though  generally  meaning  san- 
dals, stands  sometimes  for  shoes.  Thus  in 
the  Edict  of  Diocletian  we  have  6vo9^fiaera 
BtifivXwvtKd,  the  Latin  equivalents  being  soleae 
Babylonicae  (ix.  17)  and  socct  BabyUmici  (ix.  23). 
Again,  the  trtpciieai,  a  favourite  woman's  shoe  at 
Athens  (Arist.  ITiesm.  734;  Ecci.  319),  must 
have  had  a  close  upper  (cf.  Id.  JVu6.  151). 

At  Rome  it  was  not  the  custom  to  go  about 
barefoot,  and  all  freemen  wore  boots  or  shoes 
when  out  of  doors.  Sandals  and  slippers  were 
reserved  for  indoor  use ;  and  to  wear  them  out- 
side, in  Greek  fashion,  was  considered  effeminate. 
Indeed,  this  was  the  favourite  gibe  which  the 
Romans  of  the  old  school  cast  at  those  who 
found  the  palihan  and  crepidae  more  comfortable 
than  the  toga  and  calceua.  Scipio  the  elder 
(Liv.  xxix.  19, 12),  Verres  (Cic  in  Verr,  v.  33^ 
Antony  (Cio.  Phil.  ii.  30),  Germanicns  (Tac. 
Ann,  ii.  59),  and  Cnligula  (Suet.  Col.  52) 
scandalised  the  sticklers  at  propriety  in  this 
way,  and  the  prejudice  lingered  on  even  until 
the  age  of  Hadrian  (Gell.  xiii.  22, 1). 

The  wearing  of  sandals  or  slippers  when  going 
out  to  supper  was,  however,  quite  a  reco^iised 
one;  for  as  it  was  the  custom  to  have  one's 
slippers  taken  off  by  the  slave  on  reclining  at 
the  table  (^soleas  demere^  Plant.  IWicu/.  367; 
aoleas  deponere.  Mart.  iii.  50,  3),  sandals  were 
much  more  convenient  than  boots.  Hence  the 
phrase  soUob  posoere  (Hor.  Sat  ii.  8,  77,  &c.), 
*^  to  prepare  to  take  leave."  Most  guests  came 
in  a  litter,  but  those  who  could  not  afford  this 
walked  in  boots  and  carried  their  aoleae  under 
their  arm  (Hor.  Epp.  i.  13,  15).  The  general 
name  for  sandals  in  Latin  is  sofea,  sawkUium 
being  a  transliteration  which  never  became 
naturalised  at  Rome.  [For  Cbepida,  see  that 
article.]  Of  other  varieties  the  gallicae  are  the 
best  known  and  were  longest  in  use.  The  Edict  of 
Diocletian  mentions  a  number  of  different  kinds 
for  men  and  women  with  single  or  double  soles, 
for  travelling  or  country  wear  (gatticae  virilea 
rueticanae  6isofes,  gallicae  tiriles  numosoleaj  gal' 
lioae  curaoriaef  taurinae  muliebree  bieolee  and 
mono8ole8f  ix.  12),  which  shows  that  their  use 
must  have  been  popular  and  very  extended. 
Of  other  sorts,  those  from  Patara  and  Baby- 
lon and  the  Tyrrhenian  (v.  ante)  were  not 
peculiarlv  Roman,  but  worn  all  over  the  Hellen- 
istic world. 

The  monuments  showing  Roman  sandals  do 
not  differ  in  any  important  respect  from  the 
Greek  shapes.  (Becker-Goll,  Chcarikiee,  iii.  267, 
281;  QaUu$y  iii.  227  ;  —  Hermann-Blumner, 
Lehrhuch,  181  foil.,  196;  Guhl  and  Koner,  p. 
225 ;  Iwan  Mtiller,  ffandbuch,  iv.  pp.  404,  409, 
427. 432, 806,  880, 930 ;  Marqnardt,  PrivaUeben, 
1886,  pp.  322,  595, 705 ;  Baumeister,  DenkmSler^ 
art.  Fiad)ehleidmhg ;  Daremberg  and  Saglio,  Diet, 
d*Antiq.f  arts.  Blautai^  Cnpida^ — -Bliimner, 
Techndogie,  i.  276 :  Lebenu,  Suim,  i.  60 ;— Buch- 
senschiitz,  ffauptstatte,  p.  91.)      [W.  C.  F.  A.] 

2.  Soleiij  a  shoe  for  horses  or  mules.  It 
is  a  roatt«r  for  dispute  at  what  date  horses 
were  shod  for  ordinary  use  in  Europe ;  and  a 
further  and  different  question,  when  horse-shoes 
were  first  attached  by  nails.  In  Greek  literature 
of  a  date  before  the  Roman  conquest  there  is  no 
trace  of  any  shoe  for  animals  at  all,  except  'in 
the  case  of  camels,  who,  according  to  Aristotle 


iH.  A.  ii.  6  =  p.  499  «>. 
«ort  of  slim  {nafPa^tni)  bound  b«neath  tha  foot ; 
but  hi*  renurk,  that  tliii  wu  done  becauie  the 
camal'i  foot  wu  mtt  (trBfur^Sqi),  malcet  thii 
iHtMage  in  u-gameDt  sgftinit  the  eiltteacs  of 
hone^ou  in  Gicect>  at  that  dnt«.  It  ii  perhapi 
hArdly  necuBary  to  point  out  thnt  the  Homeric 
epithet  x'>^^'<"  (-"■  ""■  ^^)>  'i^'  x<'^«"'P<'Tai 
in  Ariatoph.  Bq.  5.S1,  merely  refen  to  the  noif« 
of  the  faorsea'  hoofa,  and  ia  no  more  nn  Brgumeut 
■s  Co  material  thin  x'*J"i^""-  Further  than 
tbii  we  hire  in  Xenophon's  de  Re  Equestri  not 
only  the  argument  of  his  lilenca  about  ihoea,  but 
alio  the  fart  that  he  giiea  (ch.  4)  direclioni  for 
the  sort  of  uavemeat  in  the  itable  or  itahle-yard 
which  nanld  b«tt  harden  the  hoofa.  In  the 
AmAatia  (ir.  b,  36)  he  deacribet  a  practice  iu  the 
n  hill-coantry  of  binding  baga  (i 


abielda)  nndpr  the  feet  of  hon 


>,  like  I 
and  mules : 


...  1  only  in  the  (now,  , 
ainking  :  aome  kind  of  "  bog-ahoea  "  ie  aimilarly 
naed  for  horsea  to  thia  day  in  Holland  and  in 
parU  of  Scotland  (Fleming,  HorK-thoei,  p.  319). 
Laitlf,  the  evidence  of  ancient  art  pointi  the 
•ame  way.  We  hare  no  representation  of  shoes 
on  horses,  though  an  the  frieie  of  the  Farthc 


hould  I 


ahoea  had  they  eiiated, 
ia  c|nite  poatible  that  with  all  their  methoda  for 
hat^ieniDg  the  hooft,  they  may  have  worn  ont 
quickly  on  roada;  and  as  a  fact  hiatoriaiu  note 
that  thii  happened  (Thuc  vii.  27  ;  Diod.  irii.  94). 
In  Roman  literature  we  lind  a  very  alight 
mention  of  ahoea  for  mules  :  the  ferrta  aolea  left 
in  the  mnd  (CatuU.  viii.  23) :  the  shoeing  of 
Vaapaaian'a  males  (Suet.  Veap,  23) ;  the  silver 
shoes  of  Mero'a  male*  (Id.  ifer.  30),  and  the 

riden  ahoea  of  Poppaea^  (Plin.  H.  S.  iiiiiL 
140;  cf.  IHo  Casl.  Iiii.  28).  Upon  these 
paasages  it  muat  be  remarked  (1)  that  all  refer 
to  maiea,  (2)  that  they  are  probably  eieeptional 
caaei,  either  for  male*  with  wesk  or  injured  feet, 
or,  aa  in  the  last  two  caaes,  for  oatanUtion.  We 
can  hare  little  doubt  also  that  theae  sboei  were 
not  nailed,  but  bound  on  aa  will  be  described 
below ;  Arrian  (in  Epicl.  3)  speaki  of  SroSqfulna 

The  use  of  ahoes  or  sandala  made  of  hemp 
(spuriei),  bound  on  injured  hoo^  is  noticad  by 
Colamella  (ri.  12),  Galen  (dt  Aim.  i.  9),  and 
Vegetiua  0.  26),  who  give*  precise  instructiont 
that  in  caae  of  tender  or  injured  feet  they  ihoold 
be  oakeati,  the  shoes  being  either  iron  or  hempen 
and  attached  by  lemniici  or  fatcMae.  It  is  dear 
that  these  writers  are  apeaking  of  nie  for  ei- 

73,  we  lind  a  recommendation  that  atables  should 
hare  oak  Qoora,  "nam  hoc  genua  ligai  equomm 
ungulaa  ad  saioram  inslar  obdurat,"  which 
implies  that  he  did  not  mean  the  bones  to  be 
shod.  The  same  deduction,  that  shoea  were  only 
for  eieeptional  caaea,  m:iy  be  made  from  their 
absence  in  the  liat  of  Imici  o'ictui?  given  by 
Folla;c,  i.  56. 

As  regards  nailed  shoes,  though  the  lines  of 
TryphiodoruB  ('IAl«v  IXsHrif,  66)  afi  yAr  inX 
■r^flNrir  hxaiutht  t\*xai  JsAoI,  &c.  loema  to 
show  that  in  his  time  (?  Sth  century  a.d.)  it 
was  customary  to  ehoe  horses,  yet  it  is  impossible 
^  say  whether  he  meant  nailed  shoea  or  eandals, 
Becbmann,  in  the  peasage  which  he  cite*  from 


SOUIA 

Leo  (Tiicttca,  t.  4),  ia  probably  right  in  retting 
down  aa  the  earliest  mention  of  nailed  hone- 
shoes.     The  words  there  (describing  put  o[  the 

cavalry  equipment)  are  e%Ktir<m  vitifpa  >ut1 
(opfW,  >■<.  "iron  horseshoes  with  nailf." 
That  thia  mention  in  the  9th  century  i.D. 
mark*  the  eorjiut  uae  of  nailed  horse-ahots 
shaped  M  they  are  now,  ia,  we  think,  a  wroiii; 
eonclasioD.  hot  only  have  we  the  relief  fnui 
Gaul  (see  Baomelster,  Dmkm.  fig.  2322)  of  a 
curnua  drawn  by  horses  with  nailed  shoes,  but 
also  nnmbenof  ancient  horses' shoes,  notdiflcring 
in  ahape  from  those  now  in  uae,  have  been  di^ 
covered  in  France,  Switierland,  and  Germany, 
and  a  few  in  thia  connln-.  A.  descriptioa  ol 
them  with  illustration  will  be  round  in  Fleming 
[up.  cil.  ch.  3-6).  That  they  an  of  a  high 
antiquity  there  lb  no  doubt,  but  we  think  him 
wrong  in  making  some  of  them  aa  old  as  the 
time  of  Julius  Claraar.  The  evidence  from  poaitim 
ia  not  so  clear  M  to  necesiilate  any  aucb  belief 
and  had  they  been  then  in  use  in  Ganl  we  can 
hardly  doubt  that  they  would  have  been  idapttit 
at  least  to  aome  actent  in  Italy ;  and  in  thit 
case,  though  it  ii  quite  poaaible  that  there  might 
be  no  mention  of  them  in  general  literature,  wt 
should  eipect  it  in  Vegetius  ;  and  atill  more  wt 
thonld  certainly  find  a  forge  at  Pompai.  It 
would  besides  be  strange  that  Caesar  doe*  not 
notice  them.  We  should  rather  condnde  thit 
the  Ganls  began  to  nail  hoise-shoeis  considerably 
later  than  Caeanr's  time,  perhapa  after  the  date 
of  Vegetius,  and  that  the  invention  spread  thiDce 
to  Italy  and  Greece.  Whether  OrvMe  had  then, 
at  now,  the  practice  of  nailing  on  iron  plam 
with  merely  a  hole  in  the  centre  ia  uncertain: 
but,  inaamnch  at  it  it  the  Turkish  syitem  now, 
we  4onld  judge  that  thia  pattern  of  shoe  uu 
brought  into  the  Horea  by  tbe  Tarki,  and  that 
the  true  horse-shoe  shape  it  marked  by  Leo'i 
word  fl-sAiiFtun.  The  object*  Ggored  below  re- 
present what  are  often  called  "  Roman  hone- 
ahoes."  They  are  found  in  Franceandeltewhm: 
aeveral  are  in  the  Moaenm  of  Betanfon:  6g.  I. 


BOLmUB 

p.  416,  u  a  lunp-aUnd.  Fig.  2  (fhim  Fleming) 
shorn  oni  pruerrnl  »l  Beun^n.  Ur.  Fleming 
(ch.  T)  thinka  chat  thsT  an  ilipptra  «r  ikidi  for 
a  wheel  [SufflahenI;  but  manr,  if  not  all, 
are  ill  adapted  for  tnat  pnrpoce.  W«  tbink 
that  the  more  correct  view  i>  to  accept  them 
as  "  horae-aandali,"  attacbeJ  aa  repreKnM  in 
fig.  3,  but  Died  only  eieeptiDnnlly  for  injured 
or  cracked  hoofs.  Thli  will  accoudt  foTtheir 
not  being  found  more  frequentlj,  and  alao  for 
the  hiA  that  thej  have  been  diicoTered  clou  to 
andcDt  nailed  hoT*e->hoe>.  (See  al»  Becbmaan, 
Ifiai.  of  /nventiotu,  ii.  270  «.;  and  for  itili 
fuller  detaila,  Fleming,  Harit-ihoei  and  Botk' 
afutins,  ch.  1-7.)  [Q.  E.  U.l 

SCTLIDUS  (piiuiriuii-  The  aurei  or  gold 
coina  iuaej  by  the  Roman  emperon  anderwent 
from  the  time  of  Nero  onwards  a  gradual  bat 
irregular  reduction  in  weight,  nntil  the;  practi- 
cnlly  eeued  to  be  a  meaanre  of  valne,  and  gold 
coin  went  only  bj  weight.  To  remedy  this 
•tate  of  thing!,  Cooatantine  introdnced  a  new 
gold  coinage,  of  which  the  pieces  weighed  ^  of 


s  Roman  librft,  about  TO  Englitb  gniiiu.  The 
Importance  of  thia  inne  and  it*  graduall;  de- 
bawd  incceuora  ii  ahown  b;  the  nie  in  oar  own 
time  of  luldi/,  KtM.  and  cognate  termi.        [P.  G.] 

SOLITAUKIflA.       [SL'OVETAURILIi.] 

SOLIUM.  JThrosub.] 
BOPHRONlBTAE.  [Gtknabium.] 
BOBTES.  Iota.  Among  the  modes  of  divina- 
ticin  practiced  by  the  Italinn  oationa,  the  draw- 
ing of  Iota  wai  Due  of  the  most  common  and 
moat  eharacteriitic  We  do  indeed  tind  it  alio 
in  Greeoe  (Cic.  de  Div.  i.  M,  T6X  but  there  it 
wai  entirely  oTenhadowed  bj  the  prophetii: 
freniy,  and  inspiration  through  dreams,  Jn 
Italy  we  mn»t  distinguish  between  the  lortea 
which  were  localised  in  •pcc:ia1  temples,  and 
which  ccrreiponded  mgre  or  leu  to  the  Grecian 
onclea  [OracOLUM,  p.  292],  and  tho«!  which 
could  be  drawn  by  an;  penon  and  in  any  place. 
Of  the  former  kind,  we  hear  specially  of  the 
■DTtea  at  Pracnote  (Cic  de  Die.  ii.  11,  BS,  the 
loctu  c/oMKut  on  the  subject :  cf.  Propcrt,  ii. 
.32,  3 ;  Saet.  7i».  S3),  at  Caere  (Lir.  xil.  62),  at 
Faterii  (Id.  iiii.  1),  at  the  temple,  celebrated 
alierwarda  by  Byron,  on  the  Clitnmnns  (Plin. 
Ep.  TiiL  8),  and  at  the  foos  Apoaoi  near 
Patavinm  (Suet.  7%.  U).  It  is  probable  that 
thera  were  also  sorfes  al  the  emcular  seat  ot 
Fortuna  at  Antium,  but  the  CTidence  ii  not 
i|uite  clear  that  thia  mode  of  diTinfltioii  wai 
practised  there.  The  sortet  were  little  tablets 
or  cDunten,  made  of  nood  or  other  materials: 
nfler  they  bad  been  miied  together,  a  boy  would 
draw  one  at  random,  which  then  was  taken  as 
an  omen.  Some  rough  rerse  or  prorerb  was 
in  each,  such  a*  the  one  mentioned  bj 


out  from  the  other  lota  at  Falerii  when  Hannibal 

prognostication  of  mialurtune,  the  tots  are  eaiii 
to  have  become  miraculously  smaller  in  eiie 
(Id.  0.).  Serenteen  lots  in  bronie,  oblong,  and 
pierced  with  a  hole  (n  that  they  could  be  strung 
together)  have  been  discoiered  near  Fadua  (and 
so  not  far  ttota  the  fons  Aponus  above  men- 
tioned) :  the  lines  written  on  them  are  girea  by 
Th.  Uommien  (C.  I.  L.  i.  267-270).  As  a 
specimen  take  the  following; — "Eat  equos  per- 
puloer,  sad  tu  vehi  aon  potei  ittoc"  A  pecijiar 
way  of  drawing  the  lots,  common  when  more 
chance  was  appiealed  to  (without  any  thoaght 
of  a  prophetic  intimation),  will  be  found  men- 
tioaed  under  the  article  SiTDLa.  It  is  not 
clear  whether  the  dice  mentioned  in  the  passage 
referred  to  from  Suetoniut  (lU.  U)  would 
themselrei  have  been  called  torlea  or  not.  The 
bv  tbcL.  __„ 
ipplication 

often  doubtfal ;  hence  we  cannot  be  snrpriaed 
at  what  Cicero  tells  us  (/.  c),  that  this  kind  of 
divination  was  in  bis  time  obsolete,  except  at 
Praeneate.  It  had,  however,  been  lafiiclently 
famous  in  it*  time  for  the  term  aorlci  to  lie 
a  customary  name  fbr  any  kind  of  oracular 
deliverance  (cf.  Cic  dt  Die  ii.  56,  115;  Verg. 
Am.  iv.  346,  377.  In  Am.  vi.  72  the  word  is 
applied  t«  the  Sibylline  books).  The  aarUa  of 
the  fons  Aponns  had  a  reviral  in  later  time* 
(see  the  AuguiUn  hiitory,  Claud.  10 ;  /Irmut,  3). 
While,  however,  the  sortti  aa  a  branch  of 
official  religion  died  out  more  rapidly  than 
perhaps  any  other  kind  of  divination,  as  an 
irregular  superstition  they  were  the  most  long- 
lived  of  all  the  elements  of  heathenism,  and 
Listed  far  into  Christian  times.  The  Sorteg 
Vergilianae  were  famous  (Lamprid.  Alex.  Seccr. 
1* ;  Spartian.  Hadr.  S).  Just  in  the  aeme  war 
in  which  the  heathens  used  Homer  or  Virgil, 
and  as  the  Hnssnlmen  of  the  present  day  use 
the  Koran  and  Hafii,  to  did  Christians  use  the 
Bible  and  Psalter,  by  opening  them  at  random, 
and  tsking  the  first  line  on  which  the  eye  fell 

Angnstin.  CoHfea.  iv.  3  ;  and  the  very  curious 
sermon  tfs  Aagvriu,  numbered  cclixviiL  in  the 
appendix  to  the  sermons  of  Angusline,  bnt 
probably  by  Csesarins.)  Even  the  very  form  ot' 
tablets  was  borrowed  from  heathenism ;  they 
were  made  either  of  wood  or  bread,  as  we  tre 
from  their  prohibition  by  the  conucil  held  at 
Auierre  (AutiiaiodDrum)  about  A.D.  578.  These 
sort«  sancfonun  (of  which  we  learn  that  a 
volume  existed)  were  frequently  a 
the  councils  ;  bnt  so  natural  was  the  I 
that  even  a  conference  oforthodoi 
not  help  drawing  o 
occurrence  of  passage!  in  the  lesion*  for  thi 
day,  and  recording  them  in  their  minutes  (sei 
Acta  Canciliorum,  vol.  ii.  p.  965.  A  referena 
to  the  words  Sortei  and  Sartilegi  in  the  indei  ti 
these  Acta  will  show  a  number  of  interesting 
paasagss  on  the  subject;  cf.  also  Gibbon,  Dtclint 


the  tendency. 
.  bishope  could 


d  fiUI,c 


Thet 


Livy  ((.  c),  "Mav 


caragi  or  airagii  apparently  is  used  aa  more  or 
less  equivalent  to  nrtikgi). 

The  Sortes  Cooviviales  were  tablets  sealed  up, 
which  were  sold  at  entertainments,  and  upon 
being  opened  or  unsealed  entitled  the  purchaser 


688 


SPECHTLUM 


to  things  of  very  unequal  valae;  they  were 
therefore  a  kind  of  lottery.  (Suet.  Afig»  75; 
Lamprid,  Heliogabal.  22.)    [W.  S.]    [J.  R.  M.] 

SPECULUM  (Kdrmrrpoy^  iirowrpw,  iyo- 
irrpoi)f  a  mirror.  The  mirrors  of  the  Greeks, 
Romans,  and  Etruscans  consisted  almost  inya- 
riably  of  small  circular  disks  of  metal,  which 
could  be  placed  upright  on  a  table  or  held  in 
the  hand.  Mirrors  of  glass  are  mentioned  by 
Pliny  {ff.  N.  zxrvi.  §  66)  as  being  made  at 
Sidon,  and  from  a  later  source  (Alex.  Aphrod., 
ProbL  i.  132  in  Ideler,  '*  Physici  et  medici  Graeci 
minores,"  i.  p.  45)  we  learn  that  glass  mirrors 
were  coated  with  tin,  not,  as  with  us,  with 
quicksilrer  (5i^  ri  rit  64kiya  mdn-cvrpa  \dftwov- 
(TIP  taioM ;  8r<  Mo^cy  ainw  j^iowri  Ktur<nir4p^)<, 
No  remains  of  such  mirrors  exist,  however,  and 
they  were  evidently  little  used.  The  usual 
material  was  bronze,  t.e.  an  alloy  of  copper  and 
tin,  composed,  as  the  analysis  of  Tarious  Roman 
mirrors  has  shown  (Blumner,  IbcAno/og^,  iv. 
p.  192),  of  from  19  to  32  per  cent,  of  the  latter 
metal.  In  Imperial  times,  the  best  alloy  for 
mirrors  was  made  at  Brundisium  (Plin.  H.  N, 
xxxiii.  §  45;  xxxir.  §  48).  The  majority  of 
extant  mirrors  are  of  bronze,  but  some  made  of 
silver  have  also  come  down  to  us :  see  e.g.  Buil, 
d,  lagL,  1885,  p.  180,  a  mirror  found  at  Pompeii, 
and  the  silver  mirror  in  the  tomb  of  Seianti  Tha- 
nunia  (Brit.  Mus.).  Silver  mirrors  came  into 
fashion  under  the  Roman  Republic  (Pliny,  ff,  N, 
xxxiii.  §  45,  says  in  the  time  of  Pompey  the 
Great),  and  in  Imperial  times  were  frequently 
used,  even  it  is  said  by  maid-servants  (Piin.  J7.  N, 
xxxiv.  §  48 ;  cf.  xxxiii.  §  45).  They  are  often 
mentioned  in  the  Digest  (33,  6,  3;  34,  2,  19, 
§  8).  A  better  reflexion  was  supposed  to  be 
given  when  the  plate  of  silver  was  thick 
(Vitruv.  vii.  3).  At  flrst,  the  silver  was  very 
pure,  but  metal  of  inferior  quality  was  after- 
wards employed  (Plin.  JET.  N.  xxxiii.  §  45). 
Cheap  imitations  were  manufactured,  and  some 
extant  mirrors  having  the  appearance  of  silver 
are  in  realitv  only  plated  with  that  metal,  or 
are  composed  of  a  mixture  of  copper  and  lead 
(Friederichs,  BerL  anL  Bildte.  ii.  p.  86). 

There  is  no  mention  of  mirrors  in  Homer,  and 
the  earliest  Greek  mirrors  extant  are  not  earlier 
than  circ.  B.a  500.  The  prototype  of  the  Greek 
mirror  must,  on  our  present  evidence,  be  looked 
for  in  Egvpt.  The  Egyptian  mirrors  now  extant 
consist  of  bronze  disks  of  oval  or  oblate  form, — 
a  shape,  therefore,  nearly  the  same  as  that  of 
the  Greek  mirrors,  though  somewhat  less  ele- 
gant. They  have,  like  many  Greek  mirrors, 
ornamented  handles  (of  wood,  stone,  or  metal), 
some  in  the  form  of  the  papyrus-sceptre  or  of  a 
figure  of  a  goddess  (see  Uie  illustrations  in 
Wilkinson,  Ancient  Egyptians,  ed.  Birch,  vol.  ii. 
pp.  350,  351).  From  the  time  of  the  Attic 
tragedians  onwards  mirrors  are  frequently  men- 
tioned in  literature  (Aesch.  in  Stob.  Serm.  xviii. 
13;  Eurip.  JVoad.  1107;  Medea,  1161;  Onet, 
1112 ; — Xen.  Cyr.  vii.  1,  §  2,  &c.),  and  they  are 
often  represented  on  the  monuments.  On  the 
vase-paintings  female  attendants  are  seen  hold- 
ing them  before  their  mistresses,  and  among  the 
Greek  terra-cottas  are  figures  of  women  hold- 
ing circular  mirrors  while  arranging  their  hair 
(Cfazette  aroh.  1878,  pi.  10  =  Baumeister, 
Dmkk,  art.  «*  Spiegel,"  fig.  1775 ;  Oax.  arch. 
1880,  p.  39).      On  the  Etruscan  terra-cotta 


SPECULUM 

sarcophagus  of  Seianti  Thanunia,  in  the  British 
Museum  (from  Chiusi),  is  a  reclining  female 
figure  holding  a  mirror.    Bafore  deaUng  with 


Haod-mlrvor.    (From  a  relief  In  the  British  Museiim.) 

the  special  characteristics  of  Greek,  Roman,  end 
Etruscan  mirrors  respectively,  it  should  be 
stated  that  wall-mirrors  were  little  used  in 
antiquity.  Large  metal  mirrors  were  suspended 
in  barbers'  shops  (Lucian,  adv,  Ind,  29 ;  Vitmr. 
ix.  9,  2) ;  and  we  hear,  under  the  Roman  Em- 
pire, of  mirrors  large  enough  to  reflect  th« 
whole  person  (Senec.  Quaett.  not.  L  17,  8, 
*^  specula  totis  paria  corporibus ;  **  Ulpian,  Dig. 
34,  2, 19,  §  8,  '^  speculum  —  parieti  adfizom ; " 
cf.  Plin.  ff,  N.  xxxvi.  §  196). 

Grsek  Mibrobs. — ^Examples  of  mirron  of 
Greek  workmanship  and  prooenance  were  no- 
known  till  recent  years,  and  the  number  st 
present  discovered  (at  Corinth  and  elsewhere)  is 
comparatively  smalL  like  other  articles  of  the 
toilet,  mirrors  were  buried  by  the  Greeks  with 
the  dead.  They  have  two  forms :  (i.)  the  diik- 
mirror  with  a  handle  or  a  stand,  (it)  the  box- 
mirror. 

(i.)  The  disk-mirrors  have  one  side  (nsnall; 
slightly  convex)  left  plain  and  polislied  for 
reflexion.  The 
other  side  is 
engraved  with 
a  design,  or  is 
left  plain.  The 
handle  is  often 
ornamented,  or 
consists  of  a 
statuette — fig* 
ures  of  Aphro- 
dite being  pre- 
ferred. Many 
of  these  mir- 
rors have  a 
pedestal  at- 
tached to  the 
statuette,  to 
enable  them  to 
be  stood  up- 
right on  the 
table.  Some  of 
the  early  ex- 
tant mirrors 
are  furnished 
with  these  sta- 
tuette -  stands, 
and  sometimes 
Erotes,  animals, 
or  other  orna- 
ments are  attached  to  the  lower  psrt  of  thew- 
A  good  example  is  figured  in  the  Arck,  Zeti^gt 


Dtsk-mlznr  on  s  pedsrt*! 


SPECULUM 


SPECULUM 


irroT)  and  the  mgnred  dciigni  ronod  both  on 

e  bdi-  uid  the  disk-in irrora  are   unong  the 

Ht  besatifal  and  intereatiag  remaini  of  Oreek 

I  art.     The  b«>t  ipecinieiis  majr  ba  attributed  to 

I  the  4th  cenlorj  B.C.     Good  eumplea  maj  be 

T«1itf.  and  iti  interior  ii  poliibed  for  reflexioD.  '  The  relief)  naoallj  coniiit  of  inbjecti  relating 
Th«  lower  dUk,  or  box  itteir,  ii  adorned  iniide  to  the  cjcle  of  Aphrodite  and  IHonfiioa.  The 
witb  eagravad  figurea.    The  rellela  dd  the  bar-    relief  of  "  Gan  jmede  carried  away  b;  the  eagle  " 


sxirii.   pL   12  =  Baomeiiter,  DenJanSler,  art.  ' 
"  Spiegel,"  fig.  1773, 

(ii.)  The  tai'mirror  coiuiHtf  of  two  circular  | 
diska  ihattiDg  into  one  another,  and  i 
united  ij  a  hinge.    Tbe  upper  diak  o 


TTo™,  which  were  pctl^pi  etched  aa  well  aa 
mimii  are  the  Korlnthoa  and  Lencai  mirror  I  engrsTed,  les  Blomner,  Techtiol.  it.  pp.  266, 
engr»v»d   in   Sev.    areA..   N.  S.,   xxiii.  (187S),     267.) 

pi.  li.  p.  79,  and  in  Jfomimflid  grec*  dt  rAiaoc.  |  BrBOWiS  MiaaoRS.— The  eilant  eianiples, 
da  £tvdet  greomt*,  1873,  pi.  iil. ;  the  Geniui  of  .  manj  of  which  are  figured  in  Gerhard'i  Etna- 
the  Cock-6([hU  mirror  in  the  Lyoni  Muuom  *i'«Aj  Spitgit  (coDtinued  by  Klugmann  and 
(&B.a«A.,N.S.,iTii.C186e),pl.iiii.p.372ff.>;  KBrte),  are  eitrtmely  numeroua.  Thej  have 
and  the  Kymph  and  Pan  playing  with  aatr^l,  i  been  faund  in  toniba  in  Etrnna  and  Latiuin, 


690  SPECULUM 

Kime  ID  ciltae,  otben  placed  on  the  top  of  vuti, 
or  lying  aeparalclj'.  Tb«y  reMmblt  the  Greek 
mirron  in  form,  Boi-mirron  oecar,  bnt  moet 
of  the  eitint  ipecimFiu  an  umple  diaki  with 
the  conTei  aide  poliabed  for  icfleiloD  u 
ooncsTe  side  engraved,  and  havfog  b 
which  wai  made  in  one  piece  with  the 
and  ■ometima  inicrted  in  an  enter  handle 
often  mining — of  bone  or  wood.  The  Etruican 
mirror*  that  hare  come  down  to  ui  are  maialf 
of  the  fonrth  and  third  nnturi**  B.C.  T' 
■nbjecte  repreeented  are  munlv  drawn  fr 
Greek  ID  jthologj' (upedall  J  the  Trojan  legmdi), 
anch  aa  the  Birth  or  UinerTa,  the  Birth  of 
Bacchna,  Tenna  and  Adonla,  AchiUei  and  Thetit, 
Caitor  and  J'ollui,  Ik.  Variana  Bc«aei  from 
dwl;  life  (the  toilet,  the  bath,  and  the  polaotra) 
are  alio  repreeented.  The  nam«  of  the  per- 
aonagea  depicted  are  Dearly  alwaya  nritten  near 
them  in  Etnuoin  cbaraetera  {e-g,  Apnl= Apollo; 
Achlr^Achillei;  Atnnis=Adonia}.  The  deeigni 
are  nearly  alwaja  the  prodaction  of  Etrntcan 
copyiata  of  Greek  modeta,  eapeciallj  the  vaae- 
paintingi.  The  work  ii  often  rongh  and  carelen, 
and  the  apace  generall;  oTercrowded  with 
Ggnrea.  The  reuefa  on  the  boi-mirrora  are 
mnch  inferior  to  thoie  on  the  Greek  boi-mirror*. 
1  the  Etmacau 
long  which  maj' 
be  noticed  Ganymede  carried  off  by  the  Eagle, 

Praeneato  (Afon.  deS' Iiai.  arcK  vili.  pi,  47, 
Eg.  2).  Among  the  engraved  mirron  aome 
elegant  and  delicately  treated  deugna  occaaion- 
ally  occar,  inch  aa  Semele,  &c  on  a  mirror  at 
Berlin  (ifoH.  diff  Itut.  i.  56  =  Banmeiater,  Dmltm. 
■rt.  "  Ktmrien,"  fig.  5S7);  the  Healing  of  Tele- 
phu  (Gerhard,  Elnut.  ^iagal,  pL  228=Baa- 
meiater,  i)«iUin.,  art.  "Spiegel,"  fig.  lT74);aDd 
the  meeting  of  Helen  and  Menelaua  after  the 
taking  of  Troy  (in  the  Brit.  Hna. :  ifott.  d  Iiat. 
arch.  viii.  pL  33). 

ROHUI  MiBHOBS. — Theae  are  of  little  artiitic 
importance,  and  are  neuallv  diik-mirrori  pro- 
vided with  an  ornamented  hajidle,  which  ii 
aometimea  in  the  form  of  a  figure.  The  back  of 
the  disk  (t'.e.  the  aide  not  u>ed  for  the  reflexion) 
ia,  if  engraved,  nanally  ornamented  with  decora- 
tive pattema  and  not  with  a  aubject-deaign. 
Typiul  eiampln  of  rarioni  hand-mirron  found 
~~    Pompeii    may    be    *een   In   Overbeck-Man, 


ii.  IS  S. ;  Bliimner,  TboAikA^,  iv.  pp.  192, 194, 
2S5ff.,403;  Bliimner,  art.  "Spiegel"  in  Ban- 
meieter'a  DetJmakr ;  De  Wiite,  Let  Miroirj 
diet  la  AttciMt,  Bmiellea,  1873;  Stepbui, 
Compta  renda,  1870-71,  p.  37;  Hermann,  Lehr- 
buch  (ad.  Bliimner),  iv.  pp.  170,  171 ;  Collignon, 
Mm.  iTArdi.  grecque,  p.  146  If.;  Ujrlonaa, 
'EXKijrini  K^TSTTpo,  Athena,  187S,  8°, 
reviewed  in  BulL  Oorr.  heB.  i.  (1S7T),  p.  lOg  f. ; 
Bull  Corr.  heU.  vlii.  pp.  398,  3S9  (.with  refer- 
encea  to  earlier  publicstiona) ;  Sev.  arch.  IS68, 
pL  liii. ;  Collect.  Catttlhmi,  Paria,  1 884,  No.  4.10 ; 
CalUcl.  Onfni,  Pari),  1885,  No.  580.  Other 
Greek  mirrora  have  been  publiihed  in  the  Bull. 
Corr.  hell.  ;  in  the  GoMtfe  archiologiqae  and 
other  peiiodicali;  E.  Gerhard'i  Etnakache 
^litgel,  Berlin,  1843,  Ac,  cootinned  by  Kliig- 
mann  and  Kerte;  Marquardt  -  Uommaen, 
RanHmch  Ar  rflm.  .Ait.  viU.  668,  693,  736;  ' 


8PBCUS.    rAwAKWicna."! 

SPHABBIBTB'EIDH.  [GTmAfira;  Ptu.] 

SPHAEROMA'CHIA.    fPn^l 

SPBYB£XATUS  <<r^i>tMtWMi   or  tome- 

timea,  aa   a  noun,  (rfup^Aaror,  *c  (ro^ai  "' 

IfTfor),  *'baten  out  with  the  hamnier,"eainple 

method  of  working  metal,  which  wai  nied  befiite 

the  invention  of  caatine,  and  alu,  in  liter  tiaitt, 

apeciallyfor  gold.    All  the  worka  to  which  Ibt 


the  Cypaelidt 
p.I36B),artatM 
made  of  one  of  hia  vivei  by  Dnrini  (Herod.  TiL 
69),  and  the  doee-fitting  gold  coveriog  nude  lei 
the  body  of  Alexander  the  Great  (Diod.  iviii.  16). 
And  for  ao  lOft  a  material  thit  proceu  >u 
doabtleii  the  beat  adapted.  Hence  the  compui- 
aon  bv  the  PBendo-Theocritni  (uii.  47)  of  "ino 
mnacle*  "  to  a  fff  irptiXoroi  KoAoovh  ii  peculiarly 
nohappy,  and  dae  to  an  aaioeiation  with  vftft' 
Aarei  wAoi,  Ac  ThoQgh  the  name  r^ufii>^n 
waa  aeldom  or  never  applied  to  broiue  ttilaa 
(L.  and  S.  qnote  x''^  f'^m  ^"^  ^-  ^*'  ^ 
where  the  US.  reading  ii  xf""!^  Paoaniu 
(iii.  17,  6)  deecribe*  a  aUtna  at  SparU  nude  d 
beaten  platea  of  broiue  and  riveted  bjgetbei  by 
Clearchna  of  Rh^nm.  Hia  atatement  that  il 
wa>  the  earlieit  of  all  bronie  atatnii  ii  mort 
coniiatCDt  with  the  aaaertion  that  Clearchu  cw 
the  pnpil  of  soma  primitive  artiita,  inch  u 
Dipoenns  and  Scyllia,  than  with  another  tbil 
he  wa*  the  matter  of  Pythagoraa  of  fihegisni. 
Tlere  ia,  however,  no  claaiical  Buthorilj  for 
giving  the  name  rftmiAaTa*  to  a  work  of  Ibii 
deacHption.  [E.  A.  G.J 

SPI'CULUM.    [HMTi.! 

8PmA  (<nrtv»>,  <«'»■  SPI'BULA  (SerrioJ 
in  Veig.  Am.  ii.  317),  the  bue  of  a  coIudl 
The  word  n-iilpa  ie  need  in  thit  sigidGcation  ia 
Greek  inaciiptiona,  being  applied  to  the  buad 
the  colnmni  of  the  Erechtheam  and  of  1^ 
temple  of  Zeutat  Labranda  (C7.  /.  Q.  1^0,  L  M> 
2713,  3714).  Spin  ia  the  term  regalarly  aial 
by  Vitrnvina  and  other  Latin  wiiten  ia  tit 
aame  aignification  (aee  eip.  iii.  5,  when  (he  fonu 
and  proportiona  are  preicribed). 

The  baae,  which  ia  abient  in  Doric  ocloiiioa 
bnt  alwaya  preaeot  in  thoaa  of  the  leaic  « 
Corinthian  order,  may  be  either  Attk or  tc^'. 
il  may  be  oted  either  with  or  without  a  p/^U 
beneath  it.  The  Attic  form  rATncOBoa]  om-  I 
liata  of  an  nppei  and  a  lower  Icru  {l/ru  ^ 
wpcnor,    inferior'},    with    a   teotia  (t^X***) 


\ 


8PITHAME 

Athens,  whether  they  hare  the  Ionic  ot  Attic 
form  of  the  capital.  The  example  given  ie 
from  the  Erechtheum  (see  right-hand  part  of 
cat).  The  Ionic  consiets  of  an  upper  tonia,  and 
of  a  lower  memher  and  two  trochilif  with  doahle 
astragali  ahoTe,  hetween,  and  helow.  It  is  seen 
in  the  temple  of  Athena  at  Priene  (see  left  half 
of  cut)  and  elsewhere.  That  this  is  the  original 
Ionic  base  is  shown  by  the  base  of  the  primitive 
Ionic  column  from  Nancratis  (Petrie,  Naukratis^ 
i.  pi.  3X  where  the  lower  part  of  the  base, 
though  not  showing  the  two  trochilif  is  of  the 
same  general  character,  and  quite  different  firom 
an  Aitic  base. 

The  upper  toru$  is  sometimes  fluted  (^40- 
9mT6sy,  as  in  the  left-hand  part  of  the  cut,  som^ 
times  ornamented  with  a  plaited  ornament,  as 
in  the  right-hand  part ;  both  treatments  of  the 
torus  of  the  Attic  base  may  be  found  even  in 
the  same  building,  in  the  Erechtheum. 

In  Etruscan  columns  the  base  consists  simply 
of  a  tones  resting  on  a  plinth  ;  in  Roman  build- 
ings the  plinth  is  almost  always  present,  and  all 
the  Greek  forms,  but  especi8[ily  the  AttiCy  are 
imitated.  [E.  A.  G.] 

SPI'THAHE  (aviBuftfOt  a  span,  a  Greek 
measure  equal  to  3-4ths  of  the  foot.  There 
was  no  proper  Roman  measure  corresponding  to 
it,  bat  the  later  writers  used  poUmus  in  this 
sense ;  the  early  writers  express  the  Greek  span 
properly  by  dodrans*  [Meisbuba,  p.  1616; 
Palm  us.]  HP.  S.] 

SPO'LIA.  Four  words  are  commonly  em- 
ployed to  denote  booty  taken  in  war,— ^f^tMtfti, 
tncuuibiaej  exwoiae^  ipolicu  Gf  these,  praeda 
bears  the  most  comprehensive  meaning,  being 
used  for  plunder  of  every  description  [Pbabda] 
Manubiae  was  the  money  which  the  quaestor 
realised  from  the  sale  of  those  objects  which 
constituted  praeda  (Gell.  xiiL  24;  Gic.  de  Leg, 
Agr,  ii.  22,  59).  The  term  exuviae  indicates 
any  thing  stripped  from  the  person  of  a  foe, 
while  9]^ia^  properly  speaking,  ought  to  be 
confined  to  armour  and  weapons,  although  both 
words  are  applied  loosely  to  trophies  such  as 
chariots,  standards,  beaks  of  ships,  and  the  like, 
which  might  be  preserved  and  aisplayed.  (See 
Doederlein,  Lot.  Syn,  vol.  iv.  p.  337 ;  Bamshom, 
Lat,  Syn,  p.  869 ;  Habicht,  Syn,  HandwifrteHnichj 
n-  758.) 

In  the  Heroic  ages  no  victory  was  considered 
complete  unless  the  conquerors  oould  succeed  in 
stripping  the  bodies  of  the  slain,  the  spoils  thus 
obtained  being  viewed  (like  scalps  among  the 
North  American  Indians)  as  the  only  unques- 
tionable evidence  of  successful  valour ;  and  we 
find  in  Homer  that  when  two  champions  came  for- 
ward to  contend  in  single  combat,  the  manner  in 
which  the  body  and  arms  of  the  vanquished 
were  to  be  disposed  of  formed  the  subject  of  a 
regular  compact  between  the  parties  (Hom.  77. 
viL  77,  iic ;  xxii.  258,  &c.).  Among  the  Ro- 
mans, spoils  taken  in  battle  were  considered  the 
most  honourable  of  all  distinctions;  to  have 
twice  stripped  an  enemy,  in  ancient  times, 
entitled  the  soldier  to  promotion  (Val.  Max.  ii. 
7,  $  14);  and  during  the  Second  Punic  War, 
Fabins,  when  filling  up  the  numerous  vacancies 
in  the  senate  caused  by  the  slaughter  at  Cannae 
and  by  other  disastrous  defeats,  after  having 
selected  such  as  had  borne  some  of  the  great 
offices  of  state,  named  those  next  **  qui  spoUa  ex 


SPOLIA 


691 


hosts  fixa  domi  haberent,  aut  civicam  coronam 
accepissent "  (Liv.  xxiii.  23).  Spoils  collected 
on  the  battle-field  after  an  eng^ement,  or  found 
in  a  captured  town,  were  employed  to  decorate 
the  temples  of  the  gods,  triumphal  arches, 
porticoes,  and  other  places  of  public  resort,  and 
sometimes  in  the  ,hour  of  extreme  need  served 
to  arm  the  people  (Liv.  xxii.  57,  xxiv.  21 ;  Val. 
Max.  viiL  6,  §  1 ;  SiL  Ital.  x.  599),  but  those 
which  were  gained  by  individual  prowess  were 
considered  the  undoubted  property  of  the  suc- 
cessful combatant,  and  were  exhibited  in  the 
most  conspicuous  part  of  his  dwelling  (Polyb. 
vi.  39),  bmg  hung  up  in  the  atrium,  suspended 
from  the  door-posts,  or  arranged  in  the  vesti- 
bulum,  with  appropriate  inscriptions  (Liv.  x.  7, 
xxxviii.  43 ;  (^c.  Phaipp.  ii  28,  68 ;  Suet.  Nero, 
38 ;  Verg.  Aen,  ii.  504,  iii.  286  ;  Tlbull.  i.  1.  54 ; 
Propert.  iii.  9,  26 ;  Ovid,  Ar,  Am.  ii.  743 ;  Sil. 
Ital.  vL  446).  They  were  regarded  as  peculiarly 
sacred,  so  that  even  if  the  house  was  sold  the 
new  possessor  was  not  permitted  to  remove 
them  (Plin.  ff.  N.  xxxv.  §  7).  A  remarkable 
instance  of  this  occurred  in  the  ^rostrata 
domus "  of  Pompey,  which  was  decorated  with 
the  beaks  of  ships  captured  in  his  war  against 
the  pirates ;  this  house  passed  into  the  hands  of 
Antonius  the  triumvir  (Cic.  PhSipp,  1.  c),  and 
was  eventually  inherited  by  the  &nperor  (3or- 
dian,  in  whose  time  it  appears  to  have  still 
retained  its  ancient  ornaments  (CJapitoIin.  €hn^ 
dian.  3).  But,  while  on  the  one  hand  it  was 
unlawful  to  remove  spoils,  so  it  was  forbidden 
to  replace  or  repair  them  when  they  had  fallen 
down  or  become  decayed  through  age  (Pint. 
Quaest,  Bom.  37),  the  object  being  doubtless  to 
guard  against  the  frauds  of  false  pretenders. 

Spolia  Opima, — ^This  term  applied  only  to 
spoils  which  were  won  in  the  field  of  battle  by 
a  Roman  soldier  from  the  leader  of  the  opposing 
army.  It  is  usually  (though,  as  will  be  seen, 
not  invariably)  further  limited  by  the  condition 
that  the  Roman  who  thus  slays  and  strips  the 
chief  opposing  general  must  himself  be  the 
actual  commander-in-chief  of  the  Roman  army 
(having  the  atispicKi).  These  conditions  were 
only  fulfilled  on  three  occasions  (Plut.  MarcelL 
8;  Propert.  v.  11):  first,  when  Romulus  took 
the  spolia  opima  from  Aero,  king  of  the  Caenln- 
enses ;  secondly,  when  A.  Cornelius  Cossus  won 
them  from  Lar  Tolumnius,  king  of  the  Veientes ; 
and  thirdly,  when  Marcellus  won  them  from 
Viridomarus  (or  Bpir^/iopTos,  as  he  is  called  by 
PlutarchX  king  of  the  Insubrians  (Liv.  i.  10, 
iv.  20,  ^pH.  XX. ;  Propert.  I.  c ;  Plut.  Rom.  16, 
Mareell  8 ;  Sil.  Ital.  i.  133,  ui.  587 ;  C.  7.  Z.  x. 
809).  We  have  to  notice,  however,  that  Festus, 
s.  v.,  while  he  confirms  the  above  limitation,  as 
generally  recognised  in  the  use  of  the  term, 
quotes  Varro  as  saying,  **  Opima  spolia  esse 
etiam,  si  manipularis  miles  detraxerit,  dum- 
modo  duel  hostium  [sed  prima  esse  utique,  quae 
dux  dud.  Vetari  enim  quae  a  duoe  recepta] 
non  sint,  ad  aedem  Jovis  Feretrii  poni.'*  (The 
reading  of  Hertzberg,  De  Spoliis  Opimis  in 
Philohgusy  I  331,  is  here  followed.)  The  quota- 
tion from  Varro  goes  on  to  distinguish  the 
offerings  made  by  the  winners  of  prima,  eecunda^ 
and  tSrtia  spolia  opima  respectively:  and  we 
gather  that,  though  the  spolia  opima  when 
spoken  of  without  qualification  meant  rightly  the 
prima,  i.e.  those  won  by  general  from  general, 

2  T  2 


692 


SPONDA 


SPOBTULA 


jet  there  were  also  the  secunda,  when  they 
were  won  by  a  Roman  officer  slaying  the  hostile 
commander-in-chief,  and  the  tertian  when  a 
common  soldier  performed  the  same  exploit. 
In  the  first  case  alone  could  they  be  dedicated  in 
the  temple  of  Jupiter  Feretrius :  in  the  other 
two  cases,  though  dignified  by  the  special  name, 
they  were  bo  doubt  preserved  only  in  the  same 
way  as  other  tpdia.  This  view  obtains  further 
support  from  a  comparison  of  Florus,  i.  33, 11, 
with  Val.  Max.  iii.  2,  6 ;  and  the  probable 
meaning  of  Dio  Cass.  li.  24  is,  that  when 
Crassus  slew  Deldo,  king  of  the  Bastamae,  not 
being  aitroicpdrcfp  <rrpanrx^$)  he  could  not 
dedicate  the  spoils  to  Jupiter  Feretrius,  though 
they  toere  opima  (&s  Kol  ivifiei).  It  should  be 
observed  in  conclusion  that  the  term  was  also 
used  loosely  in  voting  the  '*spolia  opima"  to 
Julius  Caesar  (Dio  Cass.  xliv.  4),  and  by  Livy  in 
speaking  of  the  spolia  provocatoria  won  in  single 
combat  with  a  subordinate  in  the  hostile  army 
as  though  they  were  ^poiia  opima,  but  in  this 
latter  case  it  is  probably  adopted  as  the  ex- 
pression of  a  braggart.  The  question  of 
spolia  opma  is  discussed  by  Perizonius,  Aniinad. 
Hist,  c.  7,  and  more  recently  by  Hertzberg, 
in  PhUolog.  i.  331 :  see  Marquardt,  StcuMtswrw, 
ii.  579.  »      [W.  R.]    [G.  E.  M.] 

SPONDA.    [Lbctdb.] 

SPO'NDEO.    [Oblioationes.] 

8PO'NQIA(^wrf77ot),  a  sponge.  The  use  of 
sponges  has  come  down  from  very  early  times, 
fdr  the  cleansing  both  of  the  body  (Hom.  H. 
xviii.  414)  and  of  tables  (Od.  i.  111).  For  the 
latter  purpose,  •>.  cleaning  furniture,  walls,  and 
floors,  it  is  more  especially  noticed  in  Latin 
literature  (Mart.  xiv.  144 ;  Ulp.  Dig.  32,  7, 12) : 
as  regards  the  use  of  sponges  by  invalids  in 
Roman  baths,  see  Balneae,  Vol.  I.  p.  279. 
Small  sponges  were  often  fastened  on  a  stick, 
and  were  then  called  peniciili  (Ter.  mm.  iv.  7,  7 ; 
cf.  Mart.  xii.  48;  Plant.  Stick,  ii.  2,  23),  and 
were  then  used  not  only  with  long  sticks  for 
cleaning  walls,  &&,  but  also  with  short  handles 
for  cleaning  boots  (Plant.  Menaechm.  ii.  3,  40 ; 
Fest.  p.  230).  The  peniciUus  used  for  painting 
was  no  doubt  generally  a  brush  made  with  hair 
[Pictuba],  but  for  laying  on  colour  broadly  and 
coarsely  a  peniciUus  made  with  sponge  was  also 
used  (Plin.  ix.  $  148;  Bltimner,  TechnoL  iv. 
429).  For  its  use  to  obliterate  writing,  see 
Mart.  iv.  10 ;  Liber,  p.  59  a ;  Marquardt, 
Frivatl.  824 ;  and  to  this  use  also  we  must  refer 
Aesch.  Ag.  1283.  Pliny  {ff.  N.  ix.  §§  148-150) 
mentions  especially  the  neighbourhood  of  Torone, 
the  Syrtes,  the  Hellespont,  and  Malea  as  hunt- 
ing-grounds for  sponges,  and  the  coasts  of  Lycia 
for  the  softest  kind.  Three  kinds  are  dis- 
tinguished— the  hard  and  coarse  rpdtyos,  the 
softer  fu»6tf  and  the  fine  &x^^*'o>'  [<^^*  Ocbea]. 
In  this  he  is  following  Aristot.  H.  A.  v.  16, 
p.  548.  The  searcher  for  sponges  is  called 
<riroyyo$^peut  mroYyoKokvfAfiririis  or  cnroyyc^s 
(Poll.  i.  96,  vii.  137;  Athen.  vu.  p.  282  c; 
Becker-GOlly  QalhtSj  L  36 ;  Hermann-Bliimner, 
iv.  p.  31).  [G.  E.  M.] 

6P0NSA,  SPONSALIA,  8PON8US. 
[Matrimonium.] 

SPONSOR.      [INTER0E8BIO.] 

SPO'RTULA,  the  diminutive  from  sporta^ 
aiKvpis,  a  wicker  basket.  In  the  days  of  Roman 
freedom  clients  were  in  the  habit  of  testifying 


respect  for  their  patron  by  thronging  his  atrium 
at  an  early  hour,  and  escorting  him  to  places  nf 
public  resort  when  he  went  abroad.  As  an 
acknowledgment  of  these  courtesies  some  of  the 
number  were  usually  invited  to  partake  of  the 
evening  meal.  After  the  extinction  of  liberty 
the  pr^ence  of  such  guests,  who  had  now  lost 
all  political  importance,  was  soon  regarded  ss  an 
irksome  restraint,  while  at  the  same  time  manj 
of  the  noble  and  wealthy  were  unwilling  to 
sacrifice  the  pompous  display  of  a  Dumerous 
body  t>f  retainers.  Hence  the  practice  wss  in- 
troduced under  the  Empire  (probably  as  early  ss 
the  time  of  Nero)  of  bestowing  on  each  client, 
when  he  presented  himself  for  his  morning  visit, 
a  certain  portion  of  food  as  a  silbstitate  and 
compensation  for  the  occasional  invitation  to  a 
regular  dinner  (cena  recta) ;  and  this  dole,  being 
carried  off  in  a  little  basket  provided  for  the 
purpose,  received  the  name  of  sportitla.  Hence 
also  it  is  termed  by  Greek  writers  on  Roman 
affairs  itiirrow  itirh  nvpfZoSf  which  however 
must  not  be  confounded  with  the  Sclwvor  ori 
trrvpiZos  of  earlier  authors,  which  was  a  sort  of 
picnic.  [CfiNA,  Vol.  I.  p.  393  a.]  For  the  sake 
of  convenience,  it  soon  became  common  to  gire 
an  equivalent  in  money,  the  sum  established  br 
general  usage  being  a  hundred  quadrantcs  (Jar. 
i.  120;  Martial,  x.  70,  75).  Martial  indeed 
often  speaks  of  this  as  a  shabby  pittance  (centwn 
miselli  quadrantes,  iii.  7  ;  compare  i.  60,  iii.  14, 
X.  74),  which,  however,  he  did  not  scorn  himself 
to  accept  (x.  75),  but  at  the  same  time  does  not 
fail  to  sneer  at  an  upstart  who  endeavoured  to 
distinguish  himself  by  a  largess  to  a  greater 
amount  on  his  birthday  (x.  26).  About  the  year 
87  the  practice  of  inviting  ^ents  to  the  ccm 
recta  appears  to  have  been  revived  under  the 
influence  of  Domitian  (cf.  Martial,  book  iii.  7. 
14,  60,  &c.);  but  the  change  was  disliked  both 
by  patrons  and  by  clients :  and  a  return  was 
generally  made  to  the  money  dole.  The  donation 
in  money,  however,  did  not  entirely  snpersede 
the  sportula  given  in  kind,  for  we  find  in  Jarenal 
at  a  somewhat  later  date  a  lively  description  of 
a  great  man's  vestibule  crowded  with  dependents, 
each  attended  by  a  slave  bearing  a  portable 
kitchen  to  receive  the  viands  and  keep  them  hot 
while  they  were  carried  home  (iiL  249).  If  the 
sketches  of  the  satirist  are  not  too  highly  coloured, 
we  must  conclude  that  in  his  time  great  nambers 
of  the  lower  orders  derived  their  whole  suste- 
nance and  the  funds  for  ordinary  expenditure 
exclusively  from  this  source,  while  even  the  high* 
bom  did  not  scruple  to  increase  their  incomes  bf 
taking  advantage  of  the  ostentatious  profnsioD 
of  the  rich  and  vain  (Juv.  i.  95).  It  is,  however, 
a  natural  conjecture  of  Friedliinder's,  that  the 
small  sums  of  money  (less  than  a  shilling  a  head) 
so  received  were  regarded  by  the  wealthier  as 
merely  formal  presents,  given  by  them  in  tarn 
to  their  dependents.  The  custom  of  rich  men 
receiving  such  gifts  is  not  mentioned  before  the 
death  of  Domitian.  A  regular  roll  was  kept  at 
each  mansion  of  the  persons,  male  and  female, 
entitled  to  receive  the  allowance;  the  aames 
were  called  over  in  order,  the  individuals  were 
required  to  appear  in  person,  and  the  almoner 
was  ever  on  his  guArd  to  frustrate  the  rogoery 
of  false  pretenders  (Juv.  /.  c),  whence  the  proverb 
quoted  by  Tertullian  (c  Mardon^  iii.  16),  v^xris- 
km  furunculus  capiat.    The  morning,  as  we  have 


V 


STABULABIUS 


STADIUM 


693 


seen  aboTe  (Jnv.  i.  128),  was  the  usual  period  for 
these  distribationa,  but  they  were  sometimes 
made  in  the  afternoon  (Martial,  x.  70). 

Nero,  perhaps  imitating  the  custom  of  private 
persons,  ordained  that,  instead  of  a  place  at  the 
public  banquets  {pvblioae  cenae)  giren  to  the 
people  on  certain  high  solemnities,  the  poorer 
citizens  should  receive  a  portion  of  meat,  after- 
wards commuted  for  a  sum  of  money ;  but  this 
unpopular  regulation  was  repealed  by  Domitian 
(Suet.  Ner.  16,  Dom.  7  ;  Martial,  viii.  50). 

When  the  Emperor  Claudius  on  one  occasion 
resolved  unexpectedly  to  entertain  the  populace 
with  some  games  which  were  to  last  for  a  short 
time  only,  he  styled  the  exhibition  a  sportula 
(Suet.  Ciaud,  21),  and  in  the  age  of  the  younger 
Pliny  the  word  was  commonly  employed  to 
signify  a  gratuity,  gift,  or  emolument  of  any 
description  (Plin.  Ep,  ii.  14^  x.  118). 

(Compare  a  dissertation  on  the  Sportula  by 
Buttmann  in  the  KHtmihe  Bibliothek  for  1821 ; 
see  also  Becker-G5ll,  Oallmy  ii.  204  ff. ;  Marquardt, 
Fricatait  i.*  207-212 ;  Friedliinder,  Sittetigesch. 
i.  438-442.)  [W.  R.]    [A.  S.  W.] 

STABULA'RIUS.    [Rbcepta  Actio.] 

STA'DIUM  {ardZiw,  pi.  in  prose  most  often 
ardZtoi :  Doric  ewdJiiov ;  cf.  Lat.  spatium).  1.  The 
foot-race  course  at  Olympia  and  the  other  places 
in  Greece  where  games  were  celebrated.  It  was 
originally  intended  for  the  foot-race,  but  the 
other  contests  which  were  ^dded  to  the  games 
from  time  to  time  [Oltxpia]  were  also  exhibited 
in  the  Stadium,  except  the  horse-races,  for  which 
a  place  was  set  apart,  of  a  similar  form  with  the 
stadium,  but  larger :  this  was  called  the  Hippo- 
DBOMU8  (hrr6ipOfws). 

The  plan  of  the  Olympic  stadium,  as  discovered 
by  recent  excavations,  was  rectangular.  This, 
however,  is  exceptional,  for  most  others  known 
to  us  were  terminated  at  one  end  by  a  straight 
line,  at  the  other  by  a  semicircle  having  the 
breadth  of  the  stadium  for  its  base.  Round  this 
area  were  ranges  of  seats  rising  above  one  another 
in  steps. 

It  was  constructed  in  three  different  ways,  ac- 
cording to  the  nature  of  the  ground.  The  sim- 
plest form  was  that  in  which  a  place  could  be 
found  which  had  by  nature  the  required  shape, 
as  at  Laodicea.  Most  commonly,  however,  a 
position  was  chosen  on  the  side  of  a  hill,  and  the 
stadium  was  formed  on  one  side  by  the  natural 
slope,  on  the  other  by  a  mound  of  earth  (yijs 
Xw/ta),  as  at  Olympia,  Thebes,  and  Epidaurus 
(Paus.  ii.  27,  §  6 ;  vi.  20,  §§  5,  6  ;  ix.  23,  §  1). 
Sometimes,  however,  the  stadium  was  on  level 
ground,  and  mounds  of  earth  were  cast  up  round 
it  to  form  seats,  and  covered  with  stone  or 
marble.  We  have  two  celebrated  examples  of 
this  construction  in  the  Pythian  stadium  at 
Delphi  and  the  Panathenaic  at  Athens.  The 
former  was  originally  constructed  of  Parnassian 
stone,  and  afterwards  covered  with  Peutelic 
marble  by  Herodes  Attlcus  (Paus.  x.  32,  §  1), 
who  adorned  in  the  same  manner  the  stadium  at 
Athens,  which  had  been  originally  constructed 
on  the  banks  of  the  Ilissus  by  the  orator  Lycur- 
gus.  The  marble  covering,  which  took  four 
years  to  complete,  has  now  disappeared,  but  the 
area  is  still  left,  with  some  ruins  of  the  masonry 
(Paus.  i.  19,  §  7 ;  Leake's  Topography  of  Athens), 

The  stadium  sometimes  formed  a  part  of  the 
buildings  of  the  gymnasium  [Gyhnasiuu],  at 


other  times  it  was  placed  in  its  neighbourhood, 
and  often,  as  at  Athens,  stood  entirely  by  itself. 
That  at  Olympia  was  just  outside  and  slightly  to 
the  N.£.  of  the  sacred  enclosure  called  Altis. 

The  size  of  the  Grecian  stadia  varied  both  in 
length  and  breadth ;  but  this  variety  is  possibly 
in  some  cases  to  be  understood  of  the  size  of  the 
whole  enclosure,  not  of  the  length  of  the  part 
marked  out  for  the  race ;  the  latter  would  natu- 
rally have  been  fixed,  while  the  former  differed 
according  to  the  accommodation  to  be  provided 
for  spectators,  or  the  magnificence  which  the 
builder  might  wish  to  confer  upon  the  structure. 
The  length  of  the  course,  between  the  pillars 
which  marked  the  beginning  and  the  end  of  the 
race,  was  always  600  (Greek)  feet,  but  the  foot 
unit  varied  in  size  [vide  Mensura].  There  was 
a  tradition  that  Hercules  measured  it  out  at 
Olympia  originally  by  his  own  foot.  It  is  not 
improbable  that  Pheidon,  who  claimed  to  be  a 
descendant  of  Hercules,  and  who  presided  as 
agonothete  at  the  Olympic  games,  may  have 
fixed  the  length  of  the  stadium  according  to  the 
standard  of  measure  which  he  established. 

The  accounts  left  by  ancient  writers  of  the 
arrangement  of  the  parts  of  the  stadium  are 
scanty,  but  from  a  comparison  of  them  with 
existing  remains  of  stadia  we  may  collect  the 
following  particulars. 

At  one  end  a  straight  wall  shut  in  the  area, 
and  here  were  the  entrances,  the  starting-place 
for  the  runners,  and  (at  Olympia)  an  altar  of 
Endymion.  At  the  other  end,  at  or  near  the 
centre  of  the  semicircle,  and  at  the  fixed  distance 
from  the  starting-place,  was  the  goal,  which  was 
the  termination  of  the  simple  foot-race,  the  run- 
ners in  which  were  called  <rradioSp^fioi :  the  race 
itself  is  called  mrdJitw  and  ip6fuos :  in  the  litav?^f 
9p6/ios  the  racers  turned  round  this  and  came 
back  to  t^  starting-place.  The  starting-place 
and  goal  nad  various  names :  the  former  was 
called  i^tais,  ypa/ifiifif  SowXi}^,  and  0a\^s :  the 
latter  rtpfia^  /Scrr^f),  r4\os,  KOforriipf  and  vifffva. 
The  term  ypofi/jiii  is  explained  as  the  line  along 
which  the  racers  were  placed  before  starting ; 
(f(nrAi7(,  which  means  the  lash  of  a  whip,  is  sup- 
posed to  have  been  a  cord  which  was  stretched 
in  front  of  the  racers  to  restrain  their  impatience, 
and  which  was  let  fall  when  the  signal  was  given 
to  start ;  the  name  Ko/iwr^p  was  applied  to  the 
goal  because  the  runners  in  the  i(au\os  and 
i6\txos  turned  round  it  to  complete  their  course. 
These  terms  are  often  applied  indifierently  to  the 
starting-place  and  the  goal ;  probably  because 
the  starting-place  was  also  the  end  of  all  races, 
except  the  simple  trrdJitop.  The  starting-place 
and  goal  were  each  marked  by  a  square  pillar 
(oT^Aoi,  icior^s  Kv/Socidcis),  and  half-way  between 
these  was  a  third.  On  the  first  was  inscribed 
the  word  ip^<rrcvc,  on  the  second  dwci^e,  on  the 
third  Kdfi^¥.  The  Zo\ixo9p6fioi  turned  round 
both  the  extreme  pillars  till  they  had  completed 
the  number  of  stadia  of  which  their  course  con- 
sisted, which  appears  to  have  been  different  on 
different  occasions,  for  the  length  of  the  96Kixos 
9p6fios  is  variously  stated  at  6,  7,  8,  12,  20,  and 
24  stadia  (Schol.  ad  Soph.  £lectr,  691). 

The  semicircular  end  of  the  area,  which  was 
called  <r^cr8or^,  and  was  not  used  in  the  races, 
was  probably  devoted  to  the  other  athletic  sports. 
This  <r^¥9op^  is  still  clearly  seen  in  the  Ephesian 
and  Messenian  stadia,  in  the  latter  of  which  it  is 


$94  STADIUH 

iDTCOUDdedbr  IGTowioruaU.  The  are*  of  the 
■tadinm  wm  luirounded  by  the  ntU  for  ipecU- 
ton,  which  wets  sepuited  from  it  bf  ■  lev  wall 
OT  podium. 

OppMitt  to  the  goal,  on  oni  tidt  of  the  >ta- 
dimn,  were  the  lesti  of  the  HellmodlcBe,  for 
whom  there  wu  ■  aecnt  entrtknoe  into  the  ita- 
<tinm  (Kpurr j)  frrsSot),  and  on  the  other  lide  wu 
an  alter  of  white  maible,  on  which  tbepriestesMa 
of  Demeter  Chamjne  ut  to  Tiew  the  games. 
The  area  wai  geaemlly  adorned  with  attan  and 

Such  were  the  general  form  and  arrangement 
of  tbe  Oreelc  atadlnm.  Alter  the  Roman  con- 
queat  of  Oreec«  the  form  of  the  etadium  waa 
often  modified  lo  u  to  reumble  the  amphi- 
theatre by  making  both  ita  enda  aemiciiculBr, 
and  by  aurrannding  it  with  seats  anpported  by 
Tauitaj  masonry,  at  in  the  Roman  ainphi theatre. 
The  Ephesian  stadium  still  haa  auch  seats  round 
a  portion  of  it.  A  rattoration  of  this  stadinm  it 
eivaQ  la  the  ioUowing  troodcnt,  copiad  from 


A  is  the  bonndarr  wall  at  the  Aphasia,  77  feet 
deep,  B  C  the  aides,  and  D  the  aemidrcalar  end, 
of  the  same  depth  as  A ;  F  P  tbe  area,  including 
therr^rSor^;  6i  pieces  of  masonry  jutting  out 
into  the  area;  te  the  entraneee ;  from  o  top  is 
the  length  of  an  Olympic  stadium ;  from  q  to  g 


STADIUH 
the   range  of  amphitheatrical  aeata  mcDtionnl 

The  stadiom  at  Olympia  (as  diilinct  from  th« 
area  which  formed  the  conise}  was,  as  baa  bHo 
already  mentioned,  rectangular,  with  s  bttadtb 
of  about  32  and  a  length  of  21L  netits.  The 
foot  of  the  embanlimenU  which  euctned  tbe  tru 
waa  bordered  bv  a  ledge  of  atoae.  The  arts  il- 
self  lay  at  a  depth  of  about  three  metres  below 
the  level  of  the  adjoining  Altis.  We  uuy  lien 
mention  a  few  details  respecting  the  Oljtopic 
etadiom  restored  to  riew  by  recent  eiesTstioiu. 
In  the  simple  coorae— the  anSX^or  or  tpijot — 
the  runners  merely  ttareraed  once  the  ipact 
from  the  atarting  line  to  the  goaL  Bat  in  the 
double  CODIW,  or  IlouUi,  they  tisTenrd  tbii 
space  twice.  The  judges  were  statioDsd  at  the 
end  whore  the  goal  stood.  Hence  ranacii  is 
the  SfouAoi — and  also  in  the  t^ixN,  which 
always  consisted  of  an  CTcn  number  of  rrUie— 
must  be  supposed  to  have  started  fnim  thii  ai, 
in  order  to  faniah  in  the  immediate  preaenK  oi' 
tbe  judges.  Thus  the  arraogemenU  for  euitia; 
wereofnecesaityaUkealbotheada.  AtOlympii, 
accordingly,  a  row  of  flaga,  reaching  across  the 
coarse  at  either  end,  formed  the  common  baili 
on  which  the  competitors  took  tbeii  places  before 
starting.  Standiog  here  in  a  line,  they  *tre 
separated  from  one  another  hj  posts  inserted  jxt- 
pendtculirly  in  the  atone.  The  aocketa  in  which 
these  poets  stood  are  still  Tisible.  Each  it  sbaat 
four  Olympia  feet  distant  from  the  one  neil  It 
it,  thus  allowing  ample  room  for  that  play  of 
arms  cDstomary  among  ancient  Greek  ronnen. 

Stadia  were  in  Uter  times  used  for  other  pur. 
poses  than  running,  e.j.  fo^  wild-beait  shows  or 
hunts  (itiiniytirlai).  Hence  (as  appears  frsm  the 
ruins  of  the  stadiam  at  Epbesua,  and  from  two 
inscriptions  found  in  the  ruins  of  the  stadium  st 
Laodicea)  an  amphitheatre  was  sometimei  bnilt 
in  conneiion  with  the  stadium.  The  podicu 
was  built  round  the  course,  and  furnished  rilb 
iron  rails  as  a  protection  against  the  sili 
animals. 

Stadia  were  late  in  appearing  at  Rome.  Juliu! 
Caesar  erected  s  stadium  for  athleta  npoo  the 
occasion  of  his  firefold  triumph  (Suet.  Jal.  3i/). 
Augustas,  too,  seems  to  have  bitilt  a  stadium  in 
the  Campus  Martiui  (Id.  Aug.  43, 45>  Domitiu 
also  is  named  as  baring  founded  a  stadium  in 
which  yoang  women  competed  for  prists  in  nui- 
ning  (Id.  Domil.  i  and  5).  But  the  eierdia  «( 
the  stadium  nerer  attained  at  Rome  tbe  uise 
degree  of  popularity  as  those  of  the  clrcns  saJ 
amphitheatre. 

^rauae,  Bit  QymnattH  wuf  AggniatUt  dir  lU- 
ImcTt,  p.  131.  g  14 ;  Hiiller,  ArdiaoL  (far  fwH, 
S  300 ;  Olticfu.) 

8.  The  word  also  ugnifis  the  chief  Greek 
measure  for  itinerary  distaocei,  which  was 
adopted  by  the  Romans  also,  chiefly  for  naulictl 
and  astronomical  measurements.  It  was  equal 
to  600  Greek  or  635  Roman  feet,  or  to  I'ii 
Roman  paces;  and  the  Roman  mile  contsuwd 
8  stadia  (Herod,  ii.  149;  Plin.  £,  AT.  ii.  23, 
g  21 ;  CoIumelL  B.  S.  r.  I ;  SIrabo,  rii.  p.  ««')■ 
This  standsrd  prevailed  thntDghoot  Greece, 
under  the  name  of  tbe  Olympic  stadium,  so  cslltd 
because,  as  abore  stated,  it  waa  the  eiact  Itn^ 
of  the  stadium  or  Ibot-race  cmuM  at  Otympis, 
measured  between  the  pillars  at  tbe  two  ei- 
tretnities  of  the  conne. 


8TAHNUS 

As  to  th(  leugtli  of  the  Oljrmpic  stadinm, 
actoal  meuarenieDt  iuu  now  put  an  end  U  «U 
dupntt.  From  storttog-poiDt  to  goiil  the  dis- 
tanee  is  t93-aT  metro.  Diridad  bf  600,  tbii 
giTC*  -3305  metre  u  the  Irngtb  of  the  Olympic 
loat.  Ai  the  Attic  and  Olympic  fbot-loDptie 
watt  consideriiblr  leu  thin  thii,  we  can  uudei- 
stand  hair  the  fable  obtained  cradanoe  that  the 
Olympic  itadium  vas  oiigiiull;  meaaond  oat 
bj  the  foot  of  H^nkleL 

Raipccting  the  oiigio  of  the  atadium  a*  unit 
of  meaauiemeat,  differeot  opinioni  h&re  been 
adranced.  A  recBLt  riew  propounded  by  Prof. 
Ridgevay  [for  which  aee  Memsuka,  p.  161]  bidi 
fair  to  become  generaklj  accepted-  Accc^ding 
to  thii,  the  itadium  it  timplj  the  ancient  fnmw- 
length.  He  traces  the  inttitution  of  this  unit 
back  to  the  time  when  the  Arjau  peoples  had 
not  jet  separated.  ( Vide,  in  addition  to  the 
anthor*  abore  referred  to,  Buttichsr,  Olfpnpia,' 
and  OeniniSltr  dei  klaaaiKlun  Alttrtmu,  Noa. 
28,  29,  29*.) 

There  wera  moltiplei  of  the  maaanta,  corre- 
aponding  to  the  longer  laeei ;  thna  the  tfovXai 
was  2  rrdiia,  and  Uie  Uaixm  6  or  more.  (See 
abore.)  The  Iwwaihii  of  i  stadia  we  maj  pre- 
aume  to  hare  bean  the  length  of  one  double 
conraa  in  the  chariot-race,  which  would  give 
2  atadia  for  the  diitance  between  the  pillars 
■D  the  hippodrome.  In  mathematical  geo- 
graphj,  the  ordinary  computation  waa  600 
■tadia  to  a  degree  of  a  great  circle  of  the  earth's 
anrfai*.  [P.  S,]    [J.  L  B.] 

STAUNaB  (nifins,  vro^Cor),  an  earthen- 
ware jar,  often  with  red  tigures,  nsed  to  hold 
wine  or  oil  (Ariitoph.  Ly:  196,  cf.  Ran.  *!  ; 
Athen.  iL  p.  49S  e).  The  word  ia  still  so  Dsed 
la  Qreece.    It  ia  snfficientlj  described  by  Dennis 


STATES 


6t)o 


[  and  a  bull,  and  weighing  about  130  grains. 
These  were  called  orarq/Mr  Kfolriioi:  they 
were  succeeded  by  the  Persian  gold  coini  of  the 
same  weight,  caUed  Danes  or  irrarqfXi  Aapti- 
■al.  Abont  BX.  400  Athena,  Khodes,  Olynthus, 
and  other  citiei  began  the  iisne  of  gold  statera 
of  nearly  the  same  weight  (about  133  grains), 
and  this  weight  was  also  preserred  ia  the  gold 


Oold  StatR  of  Alexander. 


I  staters  of  Philip  and  Alexander  of  lfa(*don  and 
the  ancceasors  of  Aleiander.  Thna  the  gold 
stater  waa  almost  inTariably  in  antiquity  an 
Attic  or  Euboic  didrachm  [PONDEaAJ  and  of  the 
metal  Talua  of  about  23  ihiUinn.     Mr.  Ridge- 


waa  originally  regarded  a 
the  value  of  an  oi. 

Silver  Sudan. — Aa  in  Greece  proper  silver, 
□ot  gold,  was  the  staple  of  the  currency,  the 
sUter  was  in  the  dtiea  of  that  district  of  sitver. 
Among  the  Aeginetaos  the  stater,  mariip  A171- 
roioi,  was  the  didrachm  of  abont  194  grains; 
and  among  the  Corinthians  the  tridrachm  of 
135  grains,  which  waa  termed  in  Sicily  StrnLu- 
Tp<n  irrariiPf  beoanse  it  was  eqnal  in  *alue  to 
ten  Sidliau  litrae.  But  the  litra  (7.  u.)  waa 
also  in  Sicily  called  a  stater,  as  being  a  local 
value.      In    Italy  the    coin*  which 


would  elsewhere  have  been  termed  ataten 


were    called    ntonj;    aa    the   Tarentine 

d   the  Roman    denariua   and 

At  Athens   the  term  atater 

was  applied  not  only  to  the  gold  didrachm. 


but  also  to  the  ai 


(Dennis.)  ApoUan SUmnoa.    (Dennla.) 

W  "  ■  kigh-ahontdered,  short-necked  plethoric 
rase  with  two  small  handles."  The  same  writer 
gives  also  an  "Apnlisn  stamnca,"  a  amall  and 
later  variety  with  a  lid,  probably  intended  to 
hold  honey  or  aweetmeats.  [0.  E.  U.] 

STATER  (oTOTJlp)  waa  the  sUndard  unit 
both  of  weight  and  (mora  eapecially)  of  money, 
corresponding  to  the  Oriental  word  lielul.  Ai 
the  coina  which  were  the  standard  anits  ia 
various  districta  varied  in  metal  and  in  weight, 
the  term  ttaier  waa  applied  in  antiquity  to  a 
great  variety  of  piecea  of  money.  The  Greeks 
would  have  called  the  aovareign,  the  dollar,  and 
the  rupee  all  stater*. 

Oold  Staters. — The  earliest  coina  struck  in 
gold    were    the    Lydian    piecea    attribntad 


Croasua,  stamped  with  the 


later  times;  and  as  in  the 
Roman  age  the  Attic  dmchm  was  re- 
garded as  equivalent  to  the  denarius,  and 
the  denarius  waa  the  eighth  part  of  a 
Roman  ounce  in  weight,  the  stater  or 
tetradrachm  was  stated  to  be  of  the 
weiaht  of  half  an  ounce.  Similarly  the 
Ptolemaic  and  Hebrew  aUters  were  tetra- 
drachm* of  silver. 


)  the  Oreek 

cities  of  Asia  Minor  were  commonly  spoken  of 
aa  sUters.  Thus  we  frequently  read  in  Attic 
inscriptions  entries  of  in-irrmi  fcwaljral,  Asfi- 
ifoKDMf,  and  Kv^unirel,  and  Demosthenes  speaks 
of  a  Cyaicene  stater  as  equivalent  in  value  to  28 
Attic  drachms  (orfo.  Phorm.  p.  91*):  there  are 
reaaons  for  thinking  that  it  was  of  the  same 
value  as  a  Daric  (Gardner,  Numitmalic  CArtmtcle, 
1887,  p.  135}.  Cyilcene  and  Lampsacene  slaters 
(weight  248  gmina)  still  eilat  ia  great  abund- 
ance,  but  few  Phocaic  statera.  Some  electrum 
staters  are  ligured  under  Elbctsuk. 

It  has  been  impouible  in  this  slight  sammary 


eaychiua,   t 


oToHip  in  the   ledei 


I   which    the    above 

But    by    turning    to 

a  UuLtach'a  Jletr^id 


696 


STATEBA 


STATUABIA  ABS 


ScripioreSj  authority  will  be  found  for  all  of 
them.  The  common  notion  that  the  stater  is 
necessarily  a  didrachm  is  erroneous.        [P.  6.3 

BTATE'BA,  a  steelyard.  This  seems  to  have 
been  an  invention  of  Italy :  according  to  Isidore 
(^Orig.  ztL  24),  it  was  first  used  in  Campania, 
and  was  called  tnttina  campana  ;  and  it  may  be 
remarked  that  in  Roman  remains  generally  the 
steelyard  is  the  commonest  form  of  weighing 
machine  discovered.  There  can  be  no  doubt 
that  the  balance  [Libra]  was  a  far  older  con- 
trivance than  the  steelyard :  Bliimner  (in  Ban- 
meister's  DenkmSler,  p.  2078)  conjectures  as  the 
primitive  fond  a  simple  bar  of  wood  placed 
through  a  ring  or  loop  with  the  articles  to  be 
weighed  against  each  other  hung  at  the  two 
ends.  The  more  elaborate  balance  was  a  natural 
improvement  on  this,  but  the  steelyard  clearly 
involved  more  ingenuity  and  calculation. 

An  account  of  the  steelyard  will  be  found  in 
Vitmvius,  z.  3,  4.  The  parts  defined  are  the 
beam  or  yard  (acapus)  suspended  by  a  hook  or 
chain  which  is  called  the  handle  (anaa) ;  in  this 
is  the  point  of  revolution  (eentritm),  and  near 
it  is  the  ccqmt^  from  which  depends  the  scale 
(kmculd);  on  Uie  other  side  of  the  oentrwn  the 
aoapua  is  marked  with  points  (pmctaX  which 
express  the  weight  of  objects  in  the  scale  as  the 
tuquiponcUumf  or  hanging  weight,  moves  along 
the  beam.  This  aequipondium  was  generally 
adorned  with  a  head  divine,  human  or  animaL 


Statenu    (From  Museum  at  Bome.) 

The  example  here  given  is  from  the  Museum 
of  the  Capitol  at  Rome.  Others  differ  in  having 
less  ornament ;  and  it  is  common  also  to  find 
a  hook  attached  to  the  shorter  arm  between  the 
oentrwn  and  the  caput,  which  was  intended  to 
hold  articles  whose  size  and  shape  made  it  con- 
venient to  hang  them  on,  instead  of  putting  them 
in  the  scale,  and,  as  this  altered  the  leverage, 
there  was  a  double  set  ofpuncta  on  the  beam  to 
suit  either  arrangement.  A  third  kind  is  shown 
in  Baumeister  {Denkm,  fig.  2316),  where  a  weight 
hangs  on  one  arm  of  an  ordinary  balance,  this 
arm  being  marked  with  puncta.  It  is  clear  that 
this  was  intended  for  use  either  as  libra  or 
atatera :  in  the  former  case  the  weight  would  be 
detached;  in  the  latter  one  scale  would  be 
detached  (or  allowance  made  for  it  in  the  puncta\ 
and  the  other  would  be  used  as  in  the  steel- 
yard. 

It  must  be  observed  that,  though  atatera  is 


strictly  the  steelyard,  it  is  often  used  for  a 
weighing  machine  of  any  kind:  ejg,  in  Suet. 
Vesp.  25,  the  atatera  of  the  dream  is  clearly  a 
balance  with  two  scales;  so  also  the  aurificit 
atatera  is  doubtless  a  balance  of  a  peculiarly 
delicate  kind  contrasted  with  iktpoputariatnUina, 
or  less  carefully  adjusted  balance ;  for  instina 
is  used  for  any  weighing  machine,  without  di»- 
tinction  of  form.  (An  illustration  of  thu  gold- 
smith's balance  from  an  ancient  relief  is  shown 
in  Blumner,  Technoiogie^  iv.  312.) 

The  engraving  in  this  article  shows  various 
weights  (aequ^iondia,  ariic^futra%  inch  as  may 
be  seen  in  many  museums,  and  of  which  a  large 
collection  may  he  studied  in  the  British  Museum. 
There  was  at  Rome  a  special  guild  of  Saoomariif 
or  makers  of  weights  ((7.  7.  L.  z.  1930 ;  Mar- 
quardty  PrivaU,  713).  For  a  marble  altar  set 
up  by  a  guild  of  Saoomarii  at  Oitia,  see  Lan- 
ciani,  Ancient  Some^  p.  34,  London,  1889. 

[G.  E.  M.] 

BTATIO'NBS  FI8CL  The  Fiscus  (q.  v.) 
was  divided  into  various  departments,  called 
atatiimeaf  according  to  the  different  revenues  or 
business  belonging  to  it  (Cod.  4,  31, 1 ;  8,  43, 
2 ;  10,  5,  1).  Thus  we  hear  of  a  atatio  heredUa- 
tium  (Wilmanns,  Exempla  InacripOonum  Lattm" 
mm,  1272) ;  a  atatio  xx,  heredUaUmn  (Wihnaniu, 
1272,  1889);  a  atatio  qmdrageahna  Gallianm 
(Wilmanns,  1397, 1398 ;  see  Quadraoesixa)  ;  t 
atatio  ferrariarum  (Wilmanna,  1408);  a  alath 
tir6ana  (Wilmanns,  2810);  a  atatio  marmontM 
(Wilmanns,  1377);  a  atatio  annonae  (Orelli,  Inscr. 
4107=4420).  We  meet  also  with  a  atatio  pri^ 
vatarwn  (Wilmanns,  1277),  and  a  atatio  patri- 
monii AwruU  rWilmanns,  1353,  2811).  Officiils 
connected  with  a  static  are  mentioned  in  the 
above  inscriptions  under  the  names  o{  procurator, 
praq)oaitua,  oontraaoriptor,  primeepa  taimlariut, 
optio  tabeUarionanj  pedUaequua.  [F.  T.  B.J 

STATIOT^ESMUNICIPIOllUM.  [Grab- 
006TA8IS.I 

STATOR    [ExEEOiTUB,  VoL  L  p.  794  6.] 

STATUA'BLA  ABS.  This  title  wiU  be 
used  in  the  present  article  in  its  widest  inter- 
pretation, including  in  &ct  all  that  we  call  bj 
the  name  *<  scnlptnre,"  whether  in  relief  or  io 
the  round,  and  whatever  be  the  material  in 
which  it  is  ezecuted.  For  details  in  vsrioiM 
branches  of  the  subject,  special  articles  must 
be  consulted ;  and  fi>r  information  as  to  the  life, 
works,  and  style  of  the  various  artists  men- 
tioned, see  the  articles  under  their  respectire 
names  in  the  Dictionary  of  Biography  and  My- 
thology, HereTwill  be  found — I.  a  description 
of  the  materials  and  technique  of  ancient 
sculpture ;  and  II.  a  historical  sketch  of  it« 
development  and  decline,  with  special  reference 
to  the  relations  and  periods  of  the  varioos 
schools,  and  to  eztant  works  of  sculpture. 

I.  Materiala  and  Techniqye* 

As  to  materials,  we  may  distinguish  (a)  itone 
and  marble ;  (6)  bronze  ioA  other  metals,  inch 
as  silver ;  (c)  wood,  sometimes  inlaid  and  gilded, 
or  with  portions  in  marble  (acrolithi)  or  gold 
and  ivory  (chryaelq^ihaHtina) ;  (d)  terra^ootts. 
The  technique  must  be  considered  in  each  case 
separately. 

(a)  Stone  or  Marble,— Thia  is  the  most  im- 
portant to  us,  because,  from  the  nature  of  the 


STATUAEIA  ABS 

materials,  nearly  all  the  statues  still  preserved 
are  of  this  class.  Bat  it  mast  always  be  re- 
membered that  this  material  had  no  such  pre- 
ponderance orer  the  others  in  ancient  times  as 
it  has  in  modem  mnseuma.  But  it  was  at  all 
times  Tery  extensiyely  used,  and  consequently 
-we  possess  examples  of  all  periods  in  stone  or 
marble,  firom  the  shapeless  dolls  which  show 
the  fiist  rude  attempts  to  represent  the  human 
form,  through  the  rise,  finest  period,  and  decline 
of  sculpture,  to  the  last  decadence  of  Roman 
work* 

The  **  invention "  of  sculpture  in  marble  is 
traditionaUy  attributed  to  If  elas  of  Chios  and 
his  family,  in  which  Archermus  is  the  best- 
known  name.  Like  other  traditions  of  ^  inven- 
tions," this  must  not  be  insisted  upon. 

In  the  earliest  period  of  sculpture,  the  square- 
ness of  the  form  of  the  body  has  often 
been  noticed.  Some  have  wrongly  attributed 
this  ito  an  influence  of  wood  technique.  It  is 
doubtless  due  to  the  fact  that  the  early  sculp- 
tors, like  beginners  of  to-day,  traced  first  the 
full  aspect  or  profile  of  a  figure  on  the  front  or 
aide  of  their  block,  and  then  worked  through  at 
right  angles  to  the  surface :  traces  of  this  pro- 
ceeding are  clear  on  some  unfinished  statues, 
which  have  the  flat  surfaces  and  comers  pro- 
duced by  it  not  yet  rounded  off. 

Much  confusion  exists  in  the  opinions  of 
archaeologists  as  to  the  extent  to  which  pointing 
from  a  finished  clay  model  was  used.  In  some 
cases  points  are  still  visible,  not  completely 
worked  off  the  statue.  But  this  is  only  in  the 
case  of  late  Hellenistic  or  Roman  works,  and 
it  may  be  seriously  doubted  whether  any  such 
practice  prevailed  in  the  best  times  of  Greek 
sculpture.  Unfinished  Greek  statuea— of  which 
several  exist  in  Athens — show  no  sign  of  it. 
The  block  is  worked  away  in  successive  layers, 
more  delicate  instruments  being  used  as  the 
sculpture  progressed.  For  the  probable  facts 
as  to  the  use  of  clay  models  (proptcumatd)  see 
tub  voc.,  and  also  section  (d)  bel(jw.  The  tools 
mostly  used  were  the  punch,  with  a  mallet,  and 
various  chisels ;  in  a  more  advanced  stage  of  the 
statue  a  claw  chisel  was  used;  it  was  then 
finished  with  an  ordinary  chisel.  Traces  of  all 
these  processes  are  clear  in  unfinished  statues. 
The  drill  seems  to  have  been  used  in  earlier 
times  only  for  fixing  ornaments,  &c.  Callima- 
chufl  is  said  to  have  been  the  first  to  make 
sculptural  use  of  it.  Later  it  was  extensively 
used  for  the  hair  and  the  deeper  folds  of  the 
drapery,  and  in  careless  work  its  marks  were 
never  worked  off.  A  very  highly  polished 
surface  is  characteristic  of  works  of  the  Hel- 
lenistic '  period,  and  especially  of  the  Perga- 
mene  schooL  The  application  of  colour  is  a 
question  of  great  importance,  which  can  now 
be  decided  with  regard  to  archaic  works,  though 
there  is  still  some  difficulty  as  to  statues  of 
later  periods.  Where  rough  stone  was  used, 
colour  was  applied  to  all  parts,  more  or  less 
conventionally — ^red  for  the  nude  parts,  and 
blue  for  hair,  clothes,  &c.,  being  the  colours 
most  used.  But  as  marble  came  to  be  more 
extensively  and  afterwards  almoet  exclusively 
used,  the  beauty  of  the  material  and  its  ex- 
quisite rendering  of  the  texture  of  the  skin 
naturally  precluded  the  use  of  colour  on  the 
nude  parts:  this  was  especially  the  case  with 


8TATUARIA  ABS 


697 


female  statues,  the  white  colour  for  the  skin 
of  women  being  already  prevalent  on  archaic 
vases.  In  the  best  preserved  series,  the  archaic 
female  statues  on  the  Acropolis  at  Athens,  we 
find  the  skin  and  the  whole  mass  of  the  drapery 
left  uncoloured  ;  red  is  applied  to  the  hair,  lips, 
and  eyes,  in  the  last  case  with  touches  in  dark 
purple  or  brown,  and  other  colours ;  and  the 
drapery  has  borders  and  scattered  ornaments 
painted  on  it  in  red,  blue,  green,  and  dark 
purple  or  brown.  A  garment  is  completely 
coloured  only  when  but  a  small  portion  of  it 
shows;  €.g,  the  breast  and  sleeve  of  a  chiton 
when  an  outer  garment  is  worn  that  conceals 
the  rest  of  it.  To  judge  from  this  evidence,  it 
seems  impossible  that  in  the  finest  period  it  was 
customary  to  apply  colour  to  the  whole  or 
great  part  of  the  sur&ce  of  a  statue.  (We  are, 
however,  told  that  Praxiteles  considered  those 
works  to  be  his  best  which  were  improved  by 
the  "  circumlitio  "  of  the  painter  Nicias.)  Sur- 
viving examples  of  tinted  statues  of  later  period 
—one  or  two  are  known — ^may  possibly  be 
either  experiments  or  imitations  of  terracotta 
or  other  materials.  But  it  is  impossible  to  be 
certain  until  we  have  as  complete  and  well- 
preserved  a  set  of  statues  surviving  from  some 
later  period  as  those  on  the  Acropolis  from  the 
time  preceding  the  Persian  wars — a  discovery 
perhaps  beyond  hope. 

In  the  earliest  times  all  kinds  of  local  marble 
were  used ;  that  of  Paros,  sometimes  called 
lychnites,  came  early  into  common  use  from  the 
fame  of  local  artists,  and  its  excellence  made  it 
always  remain  the  favourite.  Pentelic  marble 
was  extensively  used  at  Athens  during  and 
after  the  fifth  century;  Hyraettic  only  for 
inferior  work,  except  in  the  earliest  time.  In 
the  Roman  period  the  quarries  of  Luna,  the 
modem  Carrara,  were  worked  very  extensively. 

(6)  Bronze^  4^c, — Bronze  was  probably  the 
material  most  used  by  the  great  artists  of 
antiquity,  but  the  ease  with  which  it  was  de- 
stroyed and  melted  down  into  useful  metal  has 
spared  us  but  few  examples.  Beside  statuettes, 
which  are  innumerable,  only  a  few  life-size  or 
larger  statues  remain ;  among  the  most  impor- 
tant are  the  archaic  bearded  head  found  on  the 
Acropolis  at  Athens  in  1887,  a  seated  statue 
of  a  boxer  found  in  Rome  in  1886,  and  the  head 
of  Aphrodite  in  the  British  Museum.  Various 
mixtures  of  bronze  were  known,  and  preferred 
by  different  artists ;  the  Corinthian  and  Aegi- 
netan  were  the  best  known  [see  Abb]. 

The  most  primitive  method  of  bronze-working 
implies  no  knowledge  of  casting,  but  merely 
hammering  plates  into  the  required  %hape  and 
then  riveting  them  together.  Bronze-founding 
is  said  to  have  been  "invented"  by  Rhoecus 
and  Theodorus  of  Samos,  about  th^middle  of 
the  sixth  century ;  the  nature  and  extent  of 
this  *'  invention  "  are  not  clear ;  a  colossal  bowl 
of  bronze  is  said  to  have  been  made  in  Samos 
long  before  their  time.  It  is  doubtful  at  what 
period  hollow  casting  of  complete  statues  be- 
came usual.  This  was  probably  done,  as  it  is 
now,  by  the  cire  perdue  process.  In  this  process 
the  modelling  is  finished  on  a  layer  of  wax  over 
a  fire-proof  core.  A  casing  is  added,  and  the 
wax  is  then  melted  out  and  bronze  poured  in. 
On  a  vase,  probably  of  the  fifth  century,  is 
represented  a  bronze  founder's  workshop,  where 


698 


8TATUABIA  ABS 


8TATUABIA  ABS 


the  body,  head,  and  lixnbg,  cast  separately,  are 
being  finished  and  inserted  into  their  places  by 
workmen.  The  final  polishing  and  finish  of 
detail  took  place  after  casting,  and  on  the  same 
rase  are  some  workmen  employed  in  these  pro- 
cesses, which  properly  belong  to,  Ca£LATURA, 
q.  V,  Caelatwa  also  includes  all  purely  deco- 
ratiye  work  in  metal,  sach  as  was  frequently 
applied  to  the  details  of  great  statues. 

Silver  and  gold,  as  well  as  bronze,  were 
occasionally  used  for  statues;  ejg,  a  gold 
sphyrehUum  of  Zeus  was  dedicated  by  the  Cy- 
pselidae  of  Corinth  at  Olympia.  Such  a  work  is 
quite  distinct  from  the  chryaelephanHnOf  which 
probably  are  a  development  of  the  next  material. 

(c)  Woody  often  gilt  and  enriched  with  other 
materials.  This  material  was  extensiTely  used 
in  early  times,  but  naturally  has  not  been  pre- 
senred :  the  primitire  |^a^  were  frequently, 
but  not  ezclusiyely,  of  wood ;  the  influence  of 
wood  technique  on  early  sculpture  has  probably 
been  exaggerated.  The  development  of  this 
material  is  seen  in  the  works  of  Dipoenus  and 
Scyllis  of  Crete,  and  the  school  they  founded  in 
Sparta.  First  comes  the  use  of  ivory  and 
ebony ;  then  the  wood  is  coated  with  gold,  and 
BO  the  transition  is  easy  to  the  great  chrysele- 
phantine works,  in  which  gold  and  ivory  only 
are  seen.  Of  course  such  statues  must  have  had  a 
core  of  wood  when  small  (at  Megara  the  wooden 
portions  of  an  unfinished  gold  and  ivory  statue 
were  preserved):  this  was  replaced  by  an  in- 
ternal framework  when  on  a  large  scale.  Aoro^ 
Uthi,  in  which  the  ivory  is  replaced  by  marble, 
and  the  gold  by  gilded  wood,  wore  a  cheap 
substitute  for  ckryselephantina. 

(d)  Terracotta  was  very  little  used  for  monu- 
mental purposes  by  the  Greeks,  though  it  is  said 
to  have  b€«n  used  for  temple  sculptures  at  an 
early  period  in  Italy.  But  the  use  of  day- 
moulding  is  a  question  of  great  importance  and 
difficulty.  Figurines  in  terracotta,  mostly 
made  for  dedication  in  temples  or  burial  in 
tombs,  are  preserved  in  very  large  quantities  in 
all  museums.  They  supply  the  models  of  the 
earliest  and  rudest  art;  they  reproduce  the 
masterpieces  of  all  periods,  and  many  artists 
devoted  great  skill  and  originality  to  their 
manufacture  [Tebraootta].  These  terracottas 
can  only  be  referred  to  here  for  the  information 
they  give  us  as  to  the  larger  and  more  monu- 
mental works  which  form  the  subject  of  the 
present  article.  But  in  connexion  with  thb 
material  and  the  process  of  modelling  it,  must 
be  also  considered  the  use  of  finished  clay 
models  in  making  statues  of  marble  or  bronze. 
The  clearest  passage  concerning  this  is  in  Pliny, 
XXXV.  §  156 :  *'  Pasitelen,  qui  plastioen  matrem 
caelaturhe  et  statnariae  sculpturaeque  dixit, .  • . 
et  nihil  umquam  fecit  antequam  finxit;"  and 
he  makes  similar  statements  as  to  Arcesilaus. 
We  thus  see  that  the  practice  was  used  by  the 
chief  artists  of  the  first  century  B.a  We  do 
not  know  for  certain  how  much  earlier  it 
began.  Juit  above  (§  153),  but  in  confused 
context,  Pliny  seems  to  state  that  after  the 
time  of  Lysistratus,  the  brother  of  Lysippus, 
no  statues  were  made  without  the  use  of  clay 
models.  Thus  it  seems  to  be  implied  that  a 
universal  use  of  finished  clay  models  came  in 
after  the  end  of  the  fourth  century.  On  the 
other  hand,  the  famous  remark  of  Polycleitus, 


who  worked  mostly  in  bronze,  xaKnrArarw  t^ 
Ipyof,  Sroir  4y  6wxi  i  iiA^f*  seems  to  imply  a 
use  of  finished  clay  models,  at  least  in  the  case 
of  bronze  works,  at  a  conatderBbly  earlier  date 
Great  works  in  gold  and  ivory  also  seem  U 
imply  a  finished  clay  model  after  which  the 
scales  could  be  worked.  And  we  hear  of  one 
such  work  (by  Theooosmus  at  Megara)  in  which, 
the  materials  failing,  the  body  was  supplied  with 
plaster  and  clay— doubtless  the  model  prepared 
for  the  work.  But  at  least  in  the  case  of  marbU 
we  have  seen  that  execution  was  more  or  less 
free  hand  in  the  best  period,  and  that  pointing 
from  a  finished  day  model  waa  certainly  oot 
universal  till  Koman  times,  if  even  tben.  it  is 
at  any  rate  certain  that  the  practice  of  makiDC 
first  a  claj  model,  whatever  was  to  be  the  ficuu 
material,  and  leaving  the  rest  to  copying  bj 
more  or  less  medumical  means,  was  not  in  uie 
among  Greek  sculptors,  who  always  carried  oat 
the  details  of  practical  execution  in  the  fiosl 
material  as  far  as  possible  with  their  ovs 
hands.  On  unfinished  works  of  Greek  or  eres 
Hellenistic  period  (e.g.  the  i  small  hitze  of  Pei> 
gamus)  puntdli  are  not  usually  to  be  found; 
they  occur  on  works  of  the  Roman  period. 

IL  Historiced  Sketch. 

The  beginnings  of  Greek  sculpture  may  be 
assigned  to  about  the  year  600  B.C.  What  ait 
exbted  before  in  Greece  was  either  parelj 
decorative,  or  entirely  subordinate  to  foreitrn 
influences.  It  will  bp  well  to  divide  the  whole 
history  into  periods,  for  greater  facility  in  its 
consideration. 

1.  Before  600  B.a  Earliest  traditions ;  foreign 
influences. 

2.  600  B.C.— 480  B.C.  Greek  archaic— Cariy 
schools. 

S.  480  ac— 400  B.a  Greek  fifth  century^ 
Phidias,  Polydeitus. 

4.  400  aa— 320  B.G.  Greek  fourth  centoiy— 
Praxiteles,  Scopes,  Lysippus. 

5.  320  D.&— 150  B.C.  Hellenisti<>— Asiatic 
schools. 

6.  150  B.C.— 300  A.D.  Graeoo-Boman  sod 
Roman. 

1.  J3e/ortf  600  ac.  Ecariieat  tradiiims ;  foreign 
influences. — Before  considering  Greek  tradition, 
we  must  first  recall  the  state  of  foreign  aru  at 
this  time,  and  the  channels  by  which  they  ooold 
influence  the  nascent  art  of  Greece. 

Egyptian  art  had  in  the  seventh  centnrr 
reached  a  low  ebb^  having  declined  since  the 
period  of  colossal  works  which  accompanied  the 
national  revival  under  the  Rameasid  dynasty. 
But  another  revival  took  place  under  the  pros- 
perous rule  of  Psammeticnns,  marked  more  br 
delicacy  of  execution  than  greatness  of  con- 
ception. Psammetichus  seems  to  have  fiivoored 
foreign  intercourse,  and  the  first  Milesian  coloor 
at  Naucratis  was  founded  in  his  reign.  The 
direct  influence  of  Egyptian  art  on  Greece  mot, 
however,  been  less  than  the  indirect,  convered 
chiefly  through  the  Phoenicians.  Tlie  asaoe 
people  probably  conveyed  to  Greece  the  iofloeixK 
of  Assyrian  art,  which  had  passed  through  all 
the  stages  of  its  development  before  scolpture 
can  be  said  to  have  begun  in  Greece.  But  at  a 
time  when  no  copies,  casts,  or  diawings  of 
foreign  works  of  art  existed,  and  when  artists 


8TATUARIA  AB8 


8TATUABIA  ABS 


699 


cannot  often  have  travelled  to  stndy  foreign 
masterpieces,  the  only  possible  means  for  con- 
veying foreign  influence  must  have  consisted  in 
small  and  portable  articles,  anns  and  utensils, 
reliefs,  statuettes  and  carvings  in  ivory,  wood, 
metal,  &c,  such  as  could  easily  be  made  articles 
of  traffic.  Such  objects  might  either  be  Phoe- 
nician imitations,  or  might  be  genuine  products 
of  the  art  they  represented.  With  the  arts  of 
Asia  Minor  the  case  is  different.  The  numerous 
Greek  colonies  here  superseded  any  need  of 
Phoenician  intermediaries,  and  intercourse  with 
Phrygia,  Lydia,  Caria,  and  Lycia  is  to  be  in- 
ferred both  from  tradition  and  extant  remains. 
Various  rock-cut  sculptures  of  Asia  Minor,  such 
as  the  Niobe  of  Mount  Sipylus,  were  known  to 
the  Greeks  from  early  times.  Above  all,  several 
of  the  islands  served  as  centres  where  Oriental 
and  Greek  art  met :  the  position  of  Cyprus  in 
tkis  respect  is  often  misunderstood;  the  Greek 
element  there  was  always  subordinate,  and  all 
arts  seem  to  have  lingered  and  died  out,  but 
never  to  have  devebped.  To  Rhodes,  on  the 
other  hand,  may  be  traced  many  of  the  most 
fruitful  influences  in  early  Greece ;  and  it  seems 
probable  that  a  similar  position  was  held  in  the 
earliest  times  by  Crete,  though  this  cannot  be 
certainlv  known  till  extensive  excavations  have 
taken  place  in  that  island. 

Some  vague  tradition  of  the  influences  just 
mentioned  may  be  traced  in  the  myths  of  such 
creatures  as  the  Cyclopes,  Idaean  Dactylic  and 
Telchinea — ^monsters  or  daemons  of  superhuman 
strength  and  skilL  The  Cyclopes  are  usually 
said  to  come  from  Lycia ;  they  are  usually 
represented  as  the  builders  of  colossal  walls. 
such  as  those  of  Mycenae  and  Tiryns ;  but  works 
of  sculpture  are  attributed  to  them — a  head  of 
Medusa  at  Argos  and  the  Lions  over  the  gate  at 
Mycenae  (which  really  belong  to  a  P^ygian 
series)w  The  Idaean  Dactyliy  or  Fingers  from 
Mount  Ida,  are  attributed  sometimes  to  Ida  in 
Phrygia,  sometimes  to  Ida  in  Crete;  besides 
possessing  skill  in  magic,  they  are  said  to  have 
invented  the  working  of  iron.  The  TelchineSy 
oflen  in  later  times  confused  with  the  Dactvli 
even  in  names,  seem  to  belong  to  Rhodes  (dv. 
Met.  vii.  365),  but  are  also  connected  with 
Crete  and  Cyprus.  They,  too,  work  in  iron  and 
bronze,  and  also  practise  magic.  To  these 
mythical  workmen  are  attributed  such  objects 
as  the  Trident  of  Poseidon,  the  thunderbolts 
of  Zeus,  the  Sickle  of  Cronus.  It  is  obviously 
absurd  to  look  for  historical  races  or  persons 
in  such  stories ;  bnt  the  countries  to  which  they 
are  assigned  may  indicate  the  belief  of  the 
Greeks  as  to  the  quarters  whence  were  derived 
the  technical  appliances  of  art  in  the  earliest 
tiroes. 

The  next  step  in  tradition  brings  us  to  Dae- 
dolus  and  other  names  of  what  is  sometimes 
called  the  Heroic  period  of  art.  Late  writers 
describe  the  improvements  made  by  Daedalus  in 
sculpture,  by  opening  the  eyes,  separating  the 
legs,  and  freeing  the  arms  from  the  body,  and 
ascribe  extant  works  to  him,  as  if  he  were  a 
historical  person.  But  these  statements  are 
obviously  mere  eufaemeristic  or  rationalistic  ex- 
planations of  old  tales  of  magic ;  Plato,  Euri- 
pides, and  Aristotle  ascribe  to  him,  not  onlv 
sculptural  attainments,  but  feats  of  magic,  such 
as  are  ascribed  also  to  Hephaestus.    It  is  also 


obvious  that  statues  with  eyes  shut  probably 
never  existed,  that  the  legs  are  separated  in  the 
conventional  stride  in  Egyptian  and  other  im- 
ported statuettes,  and  that  the  arms  remained 
close  to  the  body  far  later  than  any  period  that 
could  be  assigned  to  Daedalus.  In  Homer  he  is 
only  referred  to  as  devising  a  x^P^^  (^^*  ^  dance 
or  dancing-place)  for  Ariadne— not  necessarily 
as  a  sculptor ;  a  late  misinterpretation  identified 
the  actual  relief  he  made  with  one  extant  at 
Cnossus  in  Crete.  But  there  is  no  more  reason 
for  attributing  historical  truth  to  his  inventions 
in  the  art  of  sculpture  than  in  that  of  flying. 
By  the  earlier  Greeks  he  was  regarded  as  a 
mythical  inventor  and  magician,  from  whom 
families  in  Athens  and  in  Crete  claimed  descent ; 
he  became  later  the  personification  of  early 
Greek  art,  and  hence,  naturally  enough,  statues 
of  Greek  origin  and  unknown  antiquity  came  to 
be  attributed  to  him. 

One  or  two  other  names  of  artists  belong  to 
the  heroic  period.  As  the  maker  of  the  Trojan 
wooden  horse,  Epeius  has  more  claim  to  being 
mentioned  as  a  sculptor  in  Homer  than  Dae- 
dalus has ;  later,  at  least  one  extant  statue  was 
attributed  to  him ;  but  his  character  seems  no 
less  legendary.  So,  too,  statues  said  to  have  been 
dedicated  by  various  heroes  were  probably  either 
imported  or  native  works  of  unknown  antiquity. 
Even  Pausanias  notes  that  a  bronze  statue  said 
to  be  dedicated  by  Ulysses  was  cast  in  one  piece, 
and  so  could  not  go  back  to  his  time.  Two  or 
three  of  the  earliest  Greek  sculptors  may  perhaps 
belong  to  this  period  before  600  B.a ;  but  there 
are  as  yet  no  schools,  and  no  regular  succession. 
Some  works  of  decorative  relief  must,  however, 
be  noticed,  which,  though  not  properly  works  of 
sculpture,  are  usually  included  in  all  books  upon 
the  subject.  The  Shield  of  Achilles  is  the  first 
of  this  series.  It  is  not  to  be  imagined  that  the 
description  in  Homer  (which,  though  probably 
an  interpolation,  is  still  as  early  as  700  b.c.)  is 
derived  from  any  single  shield,  or  even  that  its 
individual  scenes  describe  actual  reliefs  seen  by 
the  poet.  But  though  the  arrangement  is  his 
own,  the  detailed  description  of  such  a  work 
seems  to  imply  that  the  poet  had  seen  similar 
subjects  simiUrly  treated,  though  not  necessarily 
by  a  Greek  artist ;  the  nearest  analogy  is  to  be 
found  in  Phoenician  bowls :  with  these,  too,  the 
arrangement  in  five  concentric  zones  corresponds. 
The  scenes,  as  in  Oriental  reliefs,  are  all  from 
ordinary  life.  In  the  Shield  of  Heracles^  wrongly 
ascribed  to  Hesiod,  the  same  arrangement  in 
zones,  but  more  complicated,  is  described;  but 
the  scenes  are  already  partly  mythological. 

We  may  compare  these  poetical  descriptions 
of  imaginary  works  with  the  CheSt  of  Cypselus, 
dedicated  at  Olympia,  which  Pausanias  describes. 
[Abca.]  Cypeelus  reigned  in  Corinth  657- 
629  B.C. ;  and  as  the  chest  was  dedicated  by  his 
descendants  the  Cypselids,  it  may  probably  be 
assigned  to  the  end  of  the  seventh  century.  (Moat 
authorities  place  it  much  earlier,  saying  that 
it  is  the  identical  chest  in  which  Cypselus  was 
hidden  when  a  child ;  but  even  if  it  were  so,  the 
decorations  were  probably  added  just  before 
dedication,  as  their  character  and  the  added 
inscriptions  show.)  Here  the  scenes,  which  were 
arranged  in  five  friezes  along  the  chest,  and 
were  carved  in  the  wood  with  additions  in  ivory 
and  gold,  are  taken  entirely  from  mythology. 


700 


STATUARIA  ARS 


STATUABIA  AB8 


The  nearest  analogy  to  this  work  is  seen  in  the 
Corinthian  vases  of  the  sixth  century ;  being  a 
decorative  work,  it  can  only  be  here  quoted 
incidentally,  to  show  the  standard  attained  both 
in  subjects  and  technical  facility  at  the  time 
when  sculpture  was  first  beginning  in  Greece. 
It  is,  however,  recorded  that  certain  images  of 
the  gods  existed  even  in  this  earliest  period. 
The  only  apparent  exception  to  the  statement 
that  sculpture  is  unknown  to  Homer  is  offered 
by  the  figure  of  Athena  in  Troy,  upon  whose 
knees  the  matrons  lay  a  robe.  But  this  need 
not  imply  a  completely  finished  statue;  those 
covered  in  later  times  with  votive  drapery  were^ 
of  the  rudest  and  most  primitive  description. 
The  golden  youths  bearing  torches  in  the  palace 
of  Alcinous,  like  the  golden  maidens  of  Hephaes- 
tus, belong  to  magic  rather  than  to  sculpture. 
Doubtless  some  of  the  representations  of  the 
gods  dated  from  a  very  remote  period ;  thev  are 
described  as  mere  logs  or  rough  stones,  ioKtiya 
or  ?d$oi  itpyoif  and  in  some  cases  are  said  to 
have  fallen  from  heaven :  these  were  often 
ornamented  in  various  ways ;  often  they  were 
wrapped  in  drapery ;  sometimes  they  were  plated 
with  bronze :  the  Apollo  of  Amydate  was  a  bronze 
column,  with  helmeted  head  and  hands  and  feet 
attached.  Such  rude  images  of  the  gods  exist 
among  all  primitive  peoples ;  but  it  was  not  the 
development  of  these  images,  of  which  the  type 
was  fixed  by  religious  conservatism,  that  led  to 
the  rise  of  Greek  sculpture.  Statues,  whether 
of  the  worshipper  or  the  god,  dedicated  in  temples, 
offered  freer  scope  than  the  temple  statue  itself; 
and  these  were  rather  enlarged  imitations,  at 
first,  of  imported  foreign  models,  than  repetitions 
of  the  sacred  image. 

(For  more  detaib  as  to  this  period,  see  ACBO- 
LiTHi,  Daedala,  Dokana  in  Vol.  I.,  and  Did. 
Biog.  4t  Myth. :  Cyclopes,  Dactyli,  Telchines, 
Hephaestus,  Daedalus,  Epeius.) 

2.  600  B.C. — 480  ac.  Qreek  Archaic — Early 
Schools. — ^During  the  rise  of  Greek  sculpture, 
the  artists  recoiled  by  literature  belong  to  local 
schools  or  even  families,  which,  while  they 
influence  one  another,  preserve  a  character  of 
their  own.  It  is  not  always  easy  to  associate 
these  schools  with  extant  works.  Tradition 
assigns  various  schools,  working  in  various 
materials,  to  the  islands :  Chian  marble  workers, 
the  family  of  Melas,  MicciadeSy  Archermw, 
BupaluSf  and  Athenis;  Samian  bronze-founders, 
Rhoecusj  TheodonUf  and  Tekcles  ;  Cretans  work- 
ing in  marble  and  wood,  D^poenua  and  Scyllis^ 
the  '*  Daedalids,"  who  worked  also  in  many  cities 
of  the  mainland,  and  had  scholars  in  Sparta  and 
elsewhere.  Generally  we  notice  the  importance 
of  the  islands,  and  not  the  same  islands  as  in  the 
previous  period,  except  Crete  with  its  tradition 
of  Daedalid  masters.  Naxos  and  Paros  with  their 
marble  quarries,  Samos  and  Chios,  in  close  touch 
with  the  art  of  eastern  Asia  Minor,  and  Thasos, 
are  all  conspicuous  either  for  recorded  artbts  or 
actual  works  that  they  have  yielded. 

Among  the  most  primitive  statues  extant  is 
that  of  Hera  from  &mo8,  in  Paris  (fig.  IX  which 
is  merely  a  round  column  below,  with  elaborate 
drapery.  Parts  of  two  similar  figures  are  on 
the  Acropolis  at  Athens. 

From  various  indications,  we  are  led  to  believe 
that  what  we  may  best  call  the  Ionic  style  was 
in  early  times  of  great  influence  and  importance. 


Several  works  are  still  preserved  horn  A&La 
Minor:  the  seated  statues  from  the  sacred  war 
at  Branchidae  near  Miletus ;  the  earlier  temple 
of  the  Ephesian  Artemis, 
with  sculptured  columns, 
some  of  them  dedicated  by 
Croesus  (specimens  of  both 
these  are  in  the  British 
Museum) ;  the  frieze  from 
the  temple  of  Assos  in  the 
Troad  (now  mostly  in  the 
Louvre).  A  similar  cha- 
racter may  be  noticed  in 
some  early  Lycian  sculp- 
tures, probably  under  Ionic 
influence  —  especially  the 
Harpy  monument  (in  the 
British  Museum),  and  also 
in  works  found  in  some  of 
the  islands,  and  even  the 
N.  W.  of  Greece.  Instances 
are  a  tombstone  relief  of 
a  man  and  a  dog  (in  Na- 
ples) from  Asia  Minor  or 
an  island;  another  tomb- 
stone, with  a  seated  lady, 
a  child  and  attendant 
(called  Ino  Leucothea^  in 
the  Villa  Albani  at  Rome), 
also  from  the  same  region; 
a  relief  with  Apollo,  Her- 
mes and  the  nymphs  from 
Thasos  (in  the  Louvre), 
and  various  tomb  reliefs 
from  Thessalv  (mostly  in 
Athens).  All  these  works 
have  some  characteristics  in  conmum,  which 
may  be  shortly  described  as  softness  and  laiitr 
of  style,  as  opposed  to  the  hard  and  precis 
sculpture  of  the  Peloponnesian  schools.  Perhsps 


F%.  1. 
Hen,  IhimSiaM. 
(Loayre.) 


Flf.2. 

Winged  flgore  by  ArchcRnns.   (Athena) 


8TATUABU  ARS 

ire  may  aee  alio  the  indasncc  of  puDting  Id  the 
eicellcncg  ar  cenipoaition  ud  geaeralimpreuion, 
combined  with  manj  inulequaciea  ouJ  flvea 
<-jtTe1euDn«  in  detulA,  vhicb  a  oftfn  foand  in 
the  ECuJptnn  of  Northern  Oiceco  and  the  iilinds. 
The  artiiti  of  tb«  Ionic  cout  and  i>Und<  doubt- 
less trsTcUed  and  cxercixd  a  wide  influence.  It 
is  recorded  tbit  the  Chian  Archermia  vorked 
at  Deloi,  and"  a  pedeatal  baa  been  diicorared, 


BTATUABIA  ABS 


701 


with  hii  ns 

me  and  tha 

of  hl>  fatl 

er,  Hicciada, 

to  which  b 

oaga  almas 

certainly. 

femaie  flying 

figure  of  T 

•XES 

e  .tyle  (tig.  2).     It  i.  re- 

corded  tha 

waa  the  firet  to  Kpn«nt 

Victory  w 

th  wing^  and  here  ia 

proha&ly  the 

Tery  eUtii 

in  which  he  did  thli. 

The  name  of 

AnAermw, 

inacribed 

n   a   differ 

ent   alphabet, 

occurs    alao    on    a    ha 

»   on    the 

Acropolii    at 

Atheni;  in 

the  ume  p 

ce  the  nam 

eaof£hdo»>. 

and  many 

other   art 

laU,   probably 

lonians,  have  been  found.  The  Ionic  influence 
in  Athena  ii  clearly  viiible  in  aome  early  archi- 
tectnrsl  acalptDrea  found  on  the  Acropolis, 
cut  in  rough  atoue  and  entirely  coleured- 
Theae  are  mostly  the  pedlmenti  of  eariy  temple*, 
and  lapreeent  In  low  or  high  relief  the  combata 
of  Heracles  or  Zens  vrith  fish-tailed  or  snake- 
tailed  mongters — Triton,  aa  at  Auos,  Tjpbon. 
the  Hydra,  Ik.,  whose  Ulla  convenienlly  ^11  the 
angles  of  the  pediment,  while  tha  bodies  show 
the  heavy  and  aometimea  grotesque  forma 
characteristic  of  Asiatic   Ionic  srt.     The  most 

a  »et  of  female  figures  (similar  to  others  found 
in  Deloa  and  elsewhere),  most  of  whiuh  were 
found  in  a  position  where  they  moat  hsTe  been 
buried  juat  after  the  Persian  inrasion,  and  there- 
fore date  from  the  period  immtdiately  preceding 
it,   say    about   550-180  B.C       In    these    it    is 


Bewl  otsutnc  on  AoupoUa,  Athena. 


poauble  to  trace  the  gradual  derelopment  of 
Attic  style,  from  the  md*  figure*  with  stiff 
drapery  and  grimacing  smile  inherited  from 
Ionic  art,  to  the  graceful  drapery  and  "  nn- 
conscious"  smile  noted  by  Luciao  as  chnracter- 
istica  of  Caiamis^  the  representative  of  this 
Ionic-Attic  school  in  the  fifth  century.  (The 
most  adranced  head  of  this  type  is  represented 
in  fig.  3.)  Such  female  statuea,  often  dedicated 
in  sacred  precincts  and  representing  either  a 
goddesa  or  her  worshipper,  are  the  ultimate 
development  of  the  type  first  seen  in  the  primi- 
tive draped  female  statuettes  found  on  early 
Greek  aitea,  and  often,  doubtless,  of  foreign 
origin.  A  corrssponding  nude  male  type  was 
dsveloped  into  the  series  of  statues  commonly 
called  "  Apollo^"  and  known  by  tjie  place  where 
they  wer<  found,— the  ApoOo  of  Thera,  of  Ttaia 
(fig.  *>.  *c 

Diacnasiana   have   arisen   whether  then  are 


statues  of  that  god,  or  portraita  of  the  deceased 
erected  on  grave*,  or  athlete  statue* ;  the  fact 
u  that  they  simply  repreaent  tha  common  male 
type,  and  that  without  special  indicationa,  such 
as  attributes  or  circumstances  of  finding,  it  is 
impossible  to  decide  what  waa  the  artist's  iD- 
tention  in  making  them.  Hers  may  be  quoted 
especially  the  ApoUo  of  Then,  which  may  be 
attributed  to  an  island  school.  Hie  stela  of 
.drisloc^  also  shows  the  tradition  of  the  Ionic 
school  in  Athens.  The  pictorial  and  harmonious 
composition  and  eipression,  with  the  notion  of 
power  and  rest  they  convey,  offer  the  greatest 
contraat  to  Aeginetan  and  Peloponnisian  works, 
lively  and  excellent  in  muacular  detail,  but 
angular  and  forced  in  attitude. 

In  the  art  of  tha  Peloponnese  various  infiueaces 
maybe  traced;  some  esrly  grave  reliefs  from 
near  Sparta,  which  show  the  deceased  as  a  hero, 
with  worshipper*,  are  in  fiat  plant*  with  square- 


702 


STATUARIA  ABS 


STATUABIA  ABS 


Pig.  4. 

Apollo,  from 

Tea«a.  (Munich.) 


cut  edges,  perhaps  a  reminiscence  of  wood 
technique.  The  earliest  Spartan  artists  are 
said  to  have  been  scholars  of  the  Cretans  JH^ 

poenus  and  SoyUU^  and  to 
hare  developed  the  combina- 
tion of  wood-carving  and 
inlaying  into  chryselephan- 
tine sculptnre.  The  works 
of  this  nature  by  Theocles^ 
Dontas,  and  Dorydidaa  were 
preserved  in  the  treasury  of 
the  Megarians  and  in  the 
Heraenm  at  Olympia,  and 
some  of  them  were  extensive 
groups.  Even  into  Laconia 
Ionic  influence  also  pene- 
trated; Bathydea  of  Mag- 
nesia was  employed  to  make 
a  "  throne  "  for  the  Apollo  of 
Amydaej  already  referred  to. 
This  throne  must,  from  the 
description,  have  been  a 
kind  of  carved  screen  sur- 
rounding the  statue,  orna- 
mented with  mythological 
scenes  and  statues,  including 
"portraits'*  of  the  artist 
tmd  his  assistants.  OUiadas 
of  Sparta,  whose  date  rela- 
tive to  the  other  artists  just 
mentioned  is  uncertain,  made 
the  statue  and  decorated  the 
temple  of  Athena  Chalcioe- 
cus  at  Sparta ;  its  walls  were 
covered  with  bronze  reliefs  of 
mythological  subjects.  Per- 
haps he  may  represent  the  Doric  style  of  such 
decoration,  as  iathydes  does  the  Ionic;  both 
were  to  be  seen  in  the  treasury  of  the  Sicy- 
onians  at  Olympia.  CUtiadaa  made  also  statues 
of  Aphrodite  and  Artemis  '*  under  tripods," 
corresponding  to  another  made  by  OaUon  of  Elis, 
and  this  fact  is  of  importance  for  his  chronology. 
Another  artist  who  worked  in  Sparta  was 
Clearchut  of  Bhegium,  also  a  pupil  of  Dipoenus 
and  ScylUs,  who  made  a  bronse  statue  or  Zeus, 
beaten  in  plates  and  riveted.  He  was  the  master 
of  Pythagoras  of  Samoa  and  Bhegium. 

Two  allied  styles,  those  of  Mftgara  and  its 
colony  Selinus  in  Sicily,  are  known  to  us  by 
architectural  sculptures  still  preserved.  The 
pediment  of  the  Treasury  of  the  Megarians  at 
Olympia  represents  a  gigantomachy,  which  both 
in  subject  and  style  strongly  resembles  the 
metopes  of  a  Selinus  temple  of  middle  period. 
There  is  another  temple  at  Selinus  considerably 
older,  and  probably  not  much  later  than  the 
foundation  of  the  colony,  and  so  belonging  to  the 
beginning  of  the  sixth  century.  Its  metopes,  in 
high  and  round  relief,  but  with  thick  ungainly 
forms  and  grotesque  subjects  and  treatment, 
represent  Pei-seus  slaying  the  Gorgbn,  Heracles 
with  the  Cercopes  slung  on  a  stick  across  his 
shoulders,  and  a  chariot,  the  last  apparently  of 
a  more  advanced  art.  There  is  also  a  third  and 
much  later  temple  at  Selinus,  in  which  the  style 
of  the  metopes  is  graceful,  but  softer  and  weaker 
in  composition  and  execution.  In  them  the  nude 
parts  (faces  and  arms)  of  female  figures  are  in- 
serted in  white  marble,  the  rest  being  of  coarse 
stone.  (All  the  Selinus  sculptures  are  now  in 
Palermo.) 


Fig.  & 
ApolH  ftvm  OrdxHDenin. 
(Athess.) 


Many  examples  of  archaic  sculpture  have  been 
discovered  in  Boeotia,  mostly  showing  the  cha- 
racteristics of  a  local  school ;  but  a  grave  relief 
of  a  draped  man, 
signed  by  Alienor 
of  Naxos,  shows 
that  here  also  the 
influence  of  Asia 
Minor  and  the 
islands  was  not  un- 
known; it  shows 
pictorial  treat- 
ment and  remark- 
able foreshorten- 
ing. But  other 
works  seem  to 
show  an  indepen- 
dent local  style, 
developing  from 
the  most  primi- 
tive types,  as  seen 
in  the  grace  relief 
of  Dermys  and 
CityluSf  two 
roughly  -  shaped 
male  figures,  with 
long  hair  and  no 
drapery,  standing 
with  their  backs 
against  a  slab  and 
their  arms  round 
one  another's 
necks.  The  moet 
impoi-tant  Boeo- 
tian works  are  a 
set  of  nude  male 
statues  of  the  so-called  "Apollo"  type;  the 
Apollo  of  Orchomenut  (fig.  5)  has  a  stolid  ex- 
pression and  careful  but  exaggerated  surfsc« 
rendering  of  muscles  and  skin.  Several  otl^r 
statues  showing  similar  but  more  advanced  style 
have  been  found  in  the  temple  of  Apollo  Pt<n». 
These  all  show  a  roundness  of  waist  and  cooieal 
shape  of  chest  that  contrast  with  Ionic  statues. 
The  latest  of  them  has  a  grimacing  smile,  perhspe 
due  to  Attic  or  Aeginetan  influence,  and  tb« 
forms  of  the  body  abo  approach  the  Aegiaetan 
style.  Similar  characteristics  may  be  seen  in 
the  Strangford  Apollo  in  the  British  Haseois. 

In  the  development  of  the  rendering  of  the 
nude  male  figure,  the  influence  of  the  vsriou 
athletic  games,  and  of  erecting  statues  of  ricton 
in  the  contests,  can  hardly  be  overestimated. 
The  first  portraita  of  this  sort  are  said  to  hare 
beendedicated  at  Olympia  about  540  hjC^  bntsoise 
are  recorded  earlier  elsewhere,  e,g.  of  Arrsdiiw 
at  Phigaleia,  who  was  victor  about  560  ao,  of 
a  most  primitive  type  from  its  dcscriptioo  by 
Pansanias.    But  of  coarse  the  statue  need  not 
in  all  cases  be  as  old  as  the  victory.   These 
statues  were  doubtless  at  first  mere  reprodoo- 
tions  of  the  conventional  male  type,  not  to  be 
distinguished  from  the  "  Apollo  "  sUtues,  bat  a 
specialisation  of  the  type  for  various  k»«^^' 
athletes,  and  even  individual  portraits  followed: 
PUny  says  that  the  last  were  only  permitted  to 
those  who  had  been  thrice  victors.    Throofhoot 
the  coune  of  Greek  hUtory  the  class  of  athletic 
statues  was  especially,  but  not  excloaiTely,  tf- 
sociated  with  the  schook  of  Argos  and  Sicyon.  Jo 
the  later  archaic  period  Sicyon  is  represented  by 
Canachta,  who  made  the  bronze  stslue  of  AH'^ 


BTATUABIA  AfiS 


8TATUABIA  ABS 


703 


at  Branchidae,  carried  off  by  Xerxes  (or  Darius). 
Cicero  qaotes  his  works  as  '*  rigidiora  quam  at 
imitentur  Teritatem,"  and  harder  than  those  of 
CcUamis,  Canacku^  brother  Arvtodes  founded 
A  school  of  sculptors  of  athletes  that  lasted  seven 
generations. 

At  Argoe,  Chrysothemis  and  Evteiidcu^  who 
made  athlete  statues  about  520  B.O.,  assert 
in  an  inscription  that  ther  belong  to  a  regular 
school.  But  the  best  known  early  Argire 
artist  was  Agchdaty  famous  as.  the  master 
of  Phidias,  Polycleitus,  and  Myron.  He  made 
-statues  of  gods  as  well  as  of  athletes :  his  artistic 
activity  was  prolonged  over  an  extensive  period, 
from  the  end  of  the  sixth  to  the  middle  of  the 
iifth  century  or  even  later ;  but  his  style  we 
•can  only  Infer  from  his  influence  on  others. 
The  Argive  type  was  transmitted  to  and  per^ 
fected  by  Polycleitus ;  but  Phidias  seems  to  have 
added  under  this  influence  a  Doric  earnestness 
to  the  Ionic  grace  of  Attic  sculpture,  and  Myron 
to  hare  developed  a  different  athletic  ideal. 
Other  Argive  artists  are  Olaticw  and  Dionysius, 
who  made  some  great  groups  at  Olympia,  in- 
cluding an  allegorical  one  of  the  founder  of  the 
games  amidst  a  group  of  deities  and  personifi- 
cations. 

The  place  of  Aegina  in  sculpture  seems  to  be 
like  its  geographical  position,  intermediate  be- 
tween Argos  ajid  Athens.    Its  artists  were  of 
wide  reputation  in  early  times,  and  worked  at 
Olympia,  Athens,  and  elsewhere,  as  well  as  in 
their  own  island.    Their  fiivourite  material  was 
the  Aeginetan  bronze.    SnUUs  C^the  carver"), 
the  earliest  Aeginetan  artist,  is  by  many  .re- 
garded  as  a  purely  mythical   character,  like 
Daedalus,  with  whom  he  is  sometimes  associated; 
bat  others  regard  him  as  a  historical  character, 
quoting  the  name  of  Stesichorus  as  analogous: 
The  Xoanon  of  Hera  at  Samoa  was  attributed  to 
him.     In  historical  times  CaU<m  and  Onatas  are 
the   most  prominent  names.     They  flourished 
about  the  beginning  of  the  fifth  century.   Gallon 
is  said  to  have  been  a  pupil  of  Tectaeus  and 
Anqeiion,  who  themselves  were  pupils  of  the 
Cretan  Dipoenus  and  ScylliSj  and  who  made  the 
statue  of  Apollo  at  Delos.    Thus  we  have  two 
traditional  connexions  with  the  primitive  sculp- 
ture of  Samos  and  Delos.    Gallon's  style  is  said 
by  Quintilian  to  be  harder  than  that  of  Galamis. 
Onaias  worked  in  many  places,  and  several  im- 
portant statues  of  divinities  by  him  were  known 
to  Pausanias.    At  Olympia  he  made  a  group  of 
the  heroes  before  Troy  casting  lots ;  and  another 
of  the  fall  of  the  lapygian  king  Opis,  for  the 
Tarentines.    This  last  is  very  similar  in  subject 
to  the  pediments  from  Aegina  now  in  Munich. 
Other    distinguished    artists  of   Aegina    were 
Glaukiai  and  AnajDoyoraaf  both  of  whom  worked 
at  Olympia,  the  former  for  Gelo  of  Syracuse  and 
others,  and  the  latter  for  a  common  dedication  by 
the  Grreeks  after  the  battle  of  Plataea.     Even  in 
ancient  times,  some  writers  note  the  distinction 
between  the  Aeginetan  and  Attic  styles,  as  the 
two  best    known  types   of  archaic  sculpture. 
The    pediments    from    Aegina,  though    archi- 
tectural works  and  so  of  marble,  not  of  bronze, 
supi^y   the  most    certain  evidence  as  to  the 
Aeginetan  style.    The  composition  is  not  adapted 
to  fill  the  given  field  by  decorative  means,  as  in 
the  much  earlier  pediments  of  the  Ionic  style, 
but  by  a  symmetrical  and  graduated  arrange- 


ment of  the  figures.  Both  pediments  are  of 
similar  composition,  portraying  the  fight  over  a 
fallen  warrior  in  the  centre,  by  warriors  standing 
and  kneeling,  the  comers  being  filled  with  other 
wounded  men  (fig.  6).    The  admirable  and  sculp- 


Flg.  6. 
Fallen  warrior,  from  Aegina. 

turesque  rendering  of  all  details  and  the  careful 
study  of  the  nude  mal^  form  recall  the  athletic 
schools.  The  remains  of  the  east  pediment, 
though  more  scanty,  are  the  better  finished  both 
in  details,  such  as  the  rendering  of  veins  and  in 
expression  of  &ce,  the  conventional  smile  being 
retained  but  modified;  it  has  been  suggeste<l 
with  probability  that  it  was  executed  by  a 
younger  artist,  who  had  to  carry  out  the  original 
design.  The  names  of  both  Ca/Zon  and  Onatcuh&ye 
been  found  on  bases  on  the  Acropolis  at  Athens. 

Thus  it  is  easy  to  trace  the  influence  other- 
wise probably  of  Aegina  upon  some  classes  of 
Attic  sculpture.  The  influence  of  athletic 
sculpture  was  felt  also  in  Athens,  where  there 
was  another  set  of  sculptors  representing  a 
different  tendency  from  the  development  of  the 
•Ionic  style  already  mentioned.  These  are 
Antenor  and  Critvus  and  Nesiotea,  Antenor  was 
emploved  to  make  the  statues  of  the  Tyranni- 
cides Harmodius  and  Aristogeiton  which  were 
carried  off  by  Xerxes,  and  replaced  by  others  by 
Gritius  and  Nesiotes.  These  statues  have  been 
identified  on  Athenian  coins  and  reliefs,  and 
•hence  in  two  marble  statues  at  Naples.  It  is 
uncertain  whether  these  reproduce  the  originals 
by  Antenor  or  those  later  made  to  replace  tiiem ; 
but  both  may  probably  have  represented  the 
same  motive.  The  very  fine,  but  dry  and  sinewy 
treatment  of  the  body  is  remarkable,  and  more 
advuiced  than  the  treatment  of  the  face  (in  the 
one  remaining  head),  drapery,  and  hair— exactly 
the  reverse  of  what  we  find  in  the  Ionic-Attic 
style.  Here  may  be  mentioned  also  ffeyuu,  said 
to  have  been  the  first  master  of  Phidias ;  he  is 
coupled  by  Quintilian  with  the  Aeginetan  Gallon, 
as  harder  in  style  than  Galamis. 

After  these  names  follow  those  of  the  imme- 
diate predecessors  of  Phidias,  who  belong  to  the 
next  period.  In  all  the  great  centres  of  art 
local  styles  and  predilections  as  to  subject  had 
already  been  produced ;  and  it  was  their  rapid 
development  that  led  up  to  the  great  sculpture 
of  the  fifth  century. 

The  year  480  B.C.,  here  adopted  as  the  con- 
clusion of  the  archaic  period,  forms  a  convenient 
boundary.  On  the  one  hand,  the  Persian  wars 
mark  the  beginning  of  a  new  era  in  Greek 
art  as  in  Greek  history ;  on  the  other  the 
expedition  of  Xerxes  has  in  its  material^  results 
afforded  us  the  most  certain  criteria  for  fixing 
the  age  of  later  archaic  and  transitional  works. 
On  the  Acropolis  at  Athens  he  defaced  all  works 
of  art,  and  the  fragments  that  remained  were 
buried  by  the  Athenians  on  their  return,  and 


704 


STATUARIA  ABS 


STATUABIA  ABS 


replaced  by  new  works,  thus  affoniing  scope  to 
the  artists  of  the  time.  But  the  buried  frag- 
ments have  been  recovered,  and  when  pieced 
together  give  us  an  excellent  notion  of  the  con- 
dition of  sculpture  immediately  before  the  Persian 
wars.  The  sUma.  discovery  may  well  be  made 
on  other  sites  that  suffered  a  similar  fate. 
Thus  the  circumstances  of  our  knowledge  as 
well  as  the  historical  crisis  make  this  a  fit  point 
at  which  to  review  briefly  the  archaic  period, 
and  afterwards  to  notice  the  advances  that  im- 
mediately followed. 

We  have  seen  that,  according  to  tradition, 
sculpture  took  its  rise,  so  fhr  as  Greece  is  con- 
cerned, among  the  islands,  Samos,  Chios,  and 
Crete ;  and  that  it  spread  on  the  one  hand 
through  Asia  Minor,  the  Aegean  Islands,  Northern 
Greece,  and  Attica,  in  what  we  may  conveniently 
name  the  softer  or  Ionic  style ;  while  on  the 
other  hand  the  Cretan  artists  had  scholars  in 
the  Peloponnese,  Central  Greece,  and  elsewhere : 
in  most  of  these  regions  we  find  a  harder  style, 
which  may  be  named  Doric ;  but  even  here  we 
sometimes  find  Ionic  artists  employed.  The 
two  styles  concentrated  themselves  in  Argos, 
Sicyon,  and  Aegina  on  the  one  hand,  and  in 
Athens  on  the  other.  Towards  the  close  of  the 
archaic  period  they  seem,  while  retaining  their 
essential  characteristics,  to  have  influenced  each 
other  to  a  considerable  extent. 

(For  details  as  to  artists  of  this  period  and 
their  works,  see  Did,  Biog,  and  Myth, : — Corinth 
—  Butades  (Dibutades).  Samos  —  Rhoecus, 
Theodorus,  Telecles.  Chios — Melas,  Micciades, 
Archermus,  Bupalos,  Athenis.  Crvfo— Dipoenus, 
Scyllis ;  their  scholars,  Tectaeus  and  Angelion. 
Athens-— SimmitiSy  Endoeus,  Aristion,  Aristocles, 
Antenor,  Amphicratcs,  Critius  and  Nesiotes. 
Magnesia — Bathycles.  Sparta — Hegylus,  Theo- 
cles,  Dontas,  DorycKdas,  Gitiadas.  Shegium — 
Clearchus.  Sicily — Perillus.  A^yma— -Smilis, 
Gallon,  Onatas,  Glaucias,  Anaxagoras,  Calliteles. 
Argos — Eutelidas  and  Chrysothemis,  Ageladas, 
Aristomedon,  Glaucus  and  IMonysius.  Sicyon — 
Canachus,  Aristocles.     Elis — Gallon.) 

3.  480  B.C. — too  B.C.  Greek  Fifth  Century.— 
From  this  period  onward  it  is  less  necessary  to 
give  any  connected  account,  because  the  style 
and  works  of  individual  artists  are  far  more 
prominent  and  better  known ;  and  for  all  such 
matters  the  articles  in  the  J>ict,  of  Biog.  and 
Myth,  must  be  consulted.  Here  will  be  found 
only  such  facts  of  this  kind  as  serve  to  indicate 
relation  or  connexion  of  different  artists  and 
schools,  and  such  notices  of  extant  works  as 
concern  more  than  the  individual  artists  to  whom 
they  are  assigned. 

During  the  previous  period  we  found  all  styles 
of  sculpture  nearing  the  perfection  of  technical 
development ;  and  we  also  found  that  all  the 
artistic  centres  of  Greece  had  already  adopted 
their  own  speciality.  Hence,  in  the  fifth  century, 
though  Aegina  disappears  in  art  as  in  history, 
Argos  and  Sicyon  remain,  as  before,  noted  for 
athlete  statues  in  bronze,  Athens  for  the  variety 
of  its  artists  and  for  the  use  of  marble.  It  was 
now  possible  for  great  artists  to  express  their 
ideas  without  the  subordination  to  the  difficul- 
ties of  technical  execution,  or  the  constant 
struggling  with  those  difficulties,  that  had 
hitherto  been  visible  even  in  the  highest  at- 
tainments of  sculpture.    The  attainment  of  a 


complete  mastery  over  material  difficulties  pre- 
pared the  way  for  the  highest  attainments  of 
Greek  art.  Among  the  works  of  this  period  we 
meet  for  the  first  time  with  statues  that  are 
spoken  of  with  unqualified  admiration  bj 
classical  writers,  as  of  the  highest  excellence, 
and  not  merely  interesting  for  their  aocient 
period  or  the  advance  they  show  on  prerious 
attempts.  This  rapid  advance  in  sculpture 
corresponds  with  a  similar  advance  in  literature 
and  in  thought  and  feeling,  which  leads  op  to 
the  great  centnir  of  Greece.  The  expeditions 
and  defeat  of  the  Persians  had  completely  altered 
the  relation  of  the  Greeks  to  neigbbooriiig 
peoples.  For  the  ancient  nations  of  the  East, 
vaguely  heard  of  as  of  unknown  power,  skill, 
and  wisdom,  were  substituted  the  Persiaos, 
whom  the  Greeks  hated  and  could  conquer. 
Hence  the  feeling  of  Panhellenic  unity,  and  of 
the  conscious  superiority  of  the  Greeks  ss  s  nee 
above  all  other  people  known  to  them.  The 
numerous  monuments  erected  from  the  spoils 
of  the  Persians  or  in  commemoration  of  their 
defeat  gave  a  new  stimulus  to  all  the  arts,  and 
the  contest  itself  afforded  subjects  for  both 
historical  and  allegorical  representation.  And 
in  Athens,  at  least,  the  constitution  wu  pe- 
culiarly favourable  for  the  production  of  the 
greatest  works ;  the  democratic  form  of  gorem- 
ment  encouraged  that  idealisation  of  the  people 
without  which  ita  exploits  could  not  be  wortby- 
of  the  highest  artistic  commemoration,  while 
the  actual  predominance  of  such  men  as  CimoD 
and  Pericles  gave  the  originality,  greatness, 
and  continuity  of  design  which  a  purely  popuUr 
government  could  not  attain.  Moreover,  the 
combination  of  the  Greeks  in  common  dedica- 
tions, and  the  successive  supremacy  of  rarioos 
cities,  made  larger  sums  available  for  artistic 
expenditure  than  could  have  been  afforded  bj 
isolated  states  or  individuals. 

The  fittest  places  for  common  national  dedi- 
cations were 
the  great  re- 
ligioua  cen- 
tres, Olympia 
and  Delphi. 
Olympia  was 
also  noted  for 
the  great  tem- 
ple of  Zeus, 
built  by  the 
Eleana  them- 
selves ;  both 
its  architectu- 
ral forms  and 
historical  evi- 
dence show 
that  it  was 
probably  com- 
pleted about 
460  B.C. ;  and 
the  extant 
architectural 
sculptures 
must  be  as- 
signed to  this  -.  y 
period;  they  ApoIlo,ftOTiTeiivle«rZ«a 
consist  of  me-  ((Xynv***) 
topes  over  the 

internal  columns  of  the  front  and  back,  repre- 
senting the  laboun  of  Heracles  (partiy  u  the 


STATUABU  ABS 


8TATUABIA  ABS 


705 


Loavre,  partly  at  Oljmpia),  the  east  pediment 
with  the  preparations  for  the  chariot-race  of 
Belops  and  Oenomaus,  and  the  west  pediment 
with  the  battle  between  the  Lapiths  and  Cen- 
taurs. Pausanias  ascribes  these  two  pediments 
to  FoMtmu  and  Alcamenes  respectively;  and, 
JM  Alcamenes  is  said  to  have  been  a  pupil  of 
Pkkiiagj  difficulties  have  arisen,  both  as  to 
«hi«nology  and  as  to  style.  Alternative  ex- 
planations are  that  Pausaniss  was  mistaken,  or 
that  the  pediments  were  early  works,  before 
Alcamenes  came  under  the  influence  of  Phidias. 
All  the  sculptures  of  the  temple,  beside  certain 
defects  of  detail  that  may  be  due  to  local 
execution,  show  a  peculiar  style,  which  is  per- 
haps due  to  a  combination  of  various  influences. 
They  show  a  breadth  and  freedom  of  pictorial 
composition  that  contrast  strongly  with  the 
strict  symmetry  of  the  Aegina  pediments ;  but 
in  the  execation  there  is  none  of  the  precision 
and  delicacy  that  mark  those  groups.  The  un- 
certainty ot'  line  and  carelessness  or  awkward- 
ness of  details  must  have  been  remedied  to  some 
extent  by  colour;  and  the  distant  effect  was 
more  considered  than  sculptural  accuracy. 
Archaic  hardness  is  thus  avoided,  and  a  softness 
and  laxity  takes  its  place.  In  composition, 
the  pediments  are  symmetrical,  but  not  mono- 
tonously so ;  they  show  in  many  ways  an  advance 
tewards  the  perfection  we  see  in  the  Parthenon; 
the  front  or  east  pediment  is  quiet,  the  back  or 
west  one  full  of  groups  in  contorted  motion: 
they  have  been  to  a  great  extent  recovered,  and 
are  now  at  Olympia. 

Before  considering  the  great  architectural 
sculptures,  made  under  the  direction  of  Phidias, 
which  are  the  most  characteristic  surviving 
specimens  of  the  art  of  the  fifth  century,  three 
artists  must  be  mentioned  who  are,  as  it  were, 
the  forerunners  of  the  highest  period, — Caiamis 
and  Myron,  who  both  belong  to  Athens,  and 
Pythagoras  of  Khegium  (previously  of  Samos). 
Calamtt,  as  has  been  said,  seems  to  represent  the 
highest  development  of  the  grace  and  delicacy 
of  treatment  properly  belonging  to  the  Attic 
development  of  the  Ionic  style,  and  he  is  chosen 
out  by  Ludan  for  the  expression  of  face  (a^iufhw 
seal  AcXifd^f  fifi8(afia,  in  which  we  may  perhaps 
•ee  the  last  relic  of  the  archaic  smile)  and  for 
the  treatment  of  drapery.  Copies  of  statues  by 
him  have  been  recognised  on  an  altar  at  Athens. 
Myron  inherits  the  vigour  of  the  athletic  Attic 
school  of  Critius  and  Nesiotes ;  but  as  a  pupil 
of  Agetadas  he  also  fell  under  Argive  influence. 
Several  extant  statues  after  Myron,  reproductions 
of  the  famous  Diaoobolua  (see  Vol.  I.  p.  644)  and 
the  Martyaa,  show  how  completely  he  had  mas- 
tered the  difficulties  of  technique.  His  works  even 
transgress  the  bonds  of  sculpturesque  treatment 
in  their  choice  of  momentary  attitudes  and  even 
of  contortions, — a  natural  reaction  against  the 
rigidity  of  early  works  in  the  first  consciousness 
of  artistic  freedom.  Myron  had  scholars  in 
Athens,  who  seem  to  have  carried  these  tenden- 
cies still  farther,  and  to  have  selected  subjects 
for  the  sake  of  the  difficulty  or  interest  of  the 
execution, — the  first  appearance  of  '* genre" 
sculpture.  The  cow  by  M^ron  himself,  one  of 
the  most  famous  statues  of  antiquity,  seems  to 
belong  to  the  same  class  of  works. 

FythagoraB,  like  Myron,  was  fond  of  repre- 
senting figures  in  vigorous  movement ;  he  also 

YOU  IL 


excelled  in  athlete  portrait  statues.  He  is 
praised  by  Pliny  for  symmetry  and  variety,  and 
he  also  sought  truth  to  nature  in  details  such 
as  the  veins  and  muscles  and  hair :  his  limping 
Philoctetes  was  famous  for  the  indication  of  the 
effect  of  his  wounded  foot  on  all  parts  of  the 
body  and  limbs.  Except  on  gems,  no  certain 
C4>py  of  a  statue  by  Pythagoras  survives,  though 
the  attribution  to  him  of  extant  works,  such  as 
the  **  Choiseul-Gouffier  Apollo  "  in  the  British 
Museum  (an  athlete  statue),  has  been  sug- 
gested. 

Athens  was  at  this  time  the  chief  centre  of 
artistic  work,  and  the  beautifying  of  the  city, 
first  by  Cimon  and  afterwards  by  Pericles, 
attracted  foreign  artists  and  encouraged  native 
ones.  The  delicacy  and  grace  of  the  Attic* 
Ionic  style  was  carried  to  its  highest  point 
by  Cakunia  ;  but  Myron  and  Phidiaa  both  studied 
under  Agelndas  of  Argos,  and  we  find  the  in- 
fluence of  the  Doric  schools  working  strongly 
in  Athens ;  e,g.  in  a  marble  head  of  an  athlete 
and  in  one  of  a  girl,  both  on  the  Acropolis  at 
Athens.  It  has  been  suggested  that  Polygnotus 
of  Thasos,  who  made  many  paintings  in  Athens, 
may  have  renewed  the  N.  Ionic  influence. 

The  architectural  sculptures  of  Athens  give 
a  good  notion  of  the  state  of  art  at  this  period ; 
they  are  still  to  be  seen,  partly  on  the  Parthenon, 
the  Theseum,  the  Erechtheum,  the  temple  of 
Wingless  Victory,  Partly  in  the  Museums  of 
Athens  and  London.  The  sculptures  of  the 
Parthenon  fall  into  three  divisions — the  metopes, 
the  pediments,  and  the  continuoas  inner 
frieze,  which  runs  round  the  outside  of  the 
cella.  It  is  probable  that  these  three  were  put 
up  in  the  order  mentioned;  and  the  style  is 
consistent  with  this  supposition.  The  metopes 
are  of  uneven  merit,  and  some  of  them  are  the 
least  advanced  of  the  Parthenon  sculptures, 
though  others  are  of  the  most  spirited  design. 
The  east  pediment  represented  the  birth  of 
Athena ;  the  west,  her  contest  with  Poseidon  for 
the  land :  the  surviving  statues  of  these  pedi- 
ments are  perhaps  the  finest  works  of  sculpture 
extant.  The  continuous  frieze  is  in  very  low 
relief,  and  shows  the  most  perfect  mastery  of 
composition  and  technique;  it  represents  the 
Panathenaic  procession,  horsemen,  chariots,  men, 
and  women,  advancing  to  the  assembly  of  the 
gods  above  the  east  door.  There  is  no  especial 
reason  for  attributing  the  architectural  sculp- 
tures of  the  Parthenon  to  Phidias,  who  is  known 
to  have  made  the  chryselephantine  statue 
within  the  temple,  except  that  he  is  said  to  have 
had  the  general  superintendence  of  the  works  of 
this  period  in  Athens ;  the  Parthenon  sculptures 
sho^  the  excellence  of  those  who  worked  under 
him.  The  Theseum  sculptures  consist  of  ten 
metopes  at  the  east  front  and  four  on  each  of 
the  sides  adjoining;  they  show  an  angular, 
athletic  style  which  may  probably  be  attributed 
to  the  school  of  Myron ;  they  resemble  some  of 
the  earlier  metopes  of  the  Parthenon.  The 
other  two  friezes  of  the  Theseum,  over  the 
second  row  of  columns  at  the  back  and  front, 
though  continuous,  seem  to  divide  themselves 
into  groups  derived  from  the  Parthenon  metopes. 
Thus  the  Theseum  and  Parthenon  seem  to  be 
almost  contemporary ;  the  Parthenon  was  pro- 
bably built  between  447  and  434  B.a  The 
Erechtheum,  as  it  now  stands,  was  later;  we 

2  z 


706 


BTATUABIA  ABS 


know  from  iDflcriptioni  that  it  wa»  still  im« 
finished  in  409  B.O.  i  a  great  feature  of  this 
building  is  the  portico  borne  by  six  Carifotids ; 
the  Ionic  frieze  was  of  white  marble  iigares 
attached  to  a  background  of  black  Eleusinian 
marble  —  a  substitute  for  a  coloured  back- 
ground. The  temple  of  Wingless  Victory  is 
most  famous  for  its  balustrade,  with  figures  of 
Athena  and  winged  Victories  erecting  trophies, 
ftc ;  they  must  belong  to  the  close  of  the  fifth 
century,  and  show  the  most  beautiful  studies  of 
flowing  draperies  as  an  accompaniment  and 
background  to  the  figures.  But  it  was  not  only 
in  temples  and  public  monuments  that  the  per^ 
fection  of  sculpture  showed  itself  at  Athens* 
The  influence  spread  eren  to  the  workmen  who 
made  tombstones;  so  that  early  in  the  fourth 
century  we  find  numerous  graye-reliefs,  rotiTe 
offerings,  headings  of  decrees,  &c^  that  recall 
by  their  style  the  great  period  of  sculpture  of 
the  end  of  the  fifth  century. 

Outside  Athens,  Athenian  artists  were  some- 
times employed  at  this  time ;  thus  the  temple 
of  Bassae  near  Phigalela  was  built  by  Ictinus, 
the  architect  of  the  Parthenon;  and  so  we 
may  probably  see  in  the  frieze  of  that  temple 
(now  in  London)  the  work  of  his  associates.  The 
subjects  are  the  combats  with  Amazons  and 
Centaurs ;  but  the  execution  shows  an  inequality 
partly  due  to  provincial  style ;  and  there  is  a 
striving  after  effect,  especially  in  the  treatment 
of  drapery,  that  seems  transitional  to  the  next 
period. 

Similar  characteristics  may  be  seen  in  several 
other  works  of  this  period  or  slightly  later — the 
acroteria  of  the  temple  at  Delos,  the  earlier  of 
the  temple  sculptures  at  Epidaurus  (both  in 
Athens),  the  so-called  Nereid  montimmt  from 
Xanthus  in  Lycia  (now  in  London),  and  the 
reliefs  of  a  tomb  at  Djttlbaschi  in  Lyda  (now 
in  Vienna);  but  in  the  pictorial  and  effective 
treatment  of  these  works  some  prefer  to  see  the 
continuous  Ionic  tradition,  rather  than  Attic 
influence.  (A  similarity  is  also  visible  in  the 
Victory  at  Olympia  by  Paeonius,  of  the  Ionic 
colony  of  Mende  in  Thrace.  If  he  also  made 
the  eastern  pediment  at  Olympia,  it  must  have 
been  under  very  different  influence.) 

So  far  works  of  architectural  sculpture  have 
been  considered,  because  they  alone  survive  to 
show  us  the  style  of  the  Phidian  school.  But 
these  are  only  indirectly  to  be  assigned  to  the 
master  himself  or  his  most  distinguished  pupils. 
The  great  works  of  which  they  most  carefUly 
superintended  the  execution  were  the  colossal 
temple  statues  of  gold  and  ivory  fseeCHBTBELE- 
fhantina],  such  as  the  Zeus  at  Olympia  and  the 
Athena  Parthenos  at  Athens  by  Phidias,  always 
regarded  in  antiquity  as  the  highest  attainments 
of  sculpture  [see  cut  on  p.  316  a].  These  rich 
materials  were  in  the  fifth  century  regarded  as 
the  most  fitting  for  the  execution  of  great 
statuM  of  divinities,  which  embodied  a  national 
ideal.  The  difficulty  of  technique  as  well  as  the 
expense — the  gold  alone  of  the  Athena  was 
worth  £155,0(K) — prevented  the  possibility  of 
such  works  except  under  favourable  circum- 
stances, and  in  the  fifth  century  alone  we  find 
an  art  with  a  mastery  over  material  difficulties 
adequate  for  the  production  of  such  colossal 
works,  and  also  possessing  so  noble  an  ideal  of 
the  gods  it  strove  to  represent. 


8TATUABU  ABS 

Though  the  Attic  school  had  so  wtde-spraad 
and  so  varied  an  influence,  that  of  the  Argive 
Polydeihu  was  also  of  the  utmost  importance ; 
and  the  narrower 
and  more  definite 
nature  of  his  attain- 
ments made  them 
more  open  to  the 
imitation  of  subse- 
quent artists  than 
the  lofty  ideals  of 
Phidias.  Many  ex» 
tant  works  have 
been  recognised  as 
copies  of  known 
works  of  Polydei- 
tus,  the  Diadumemu, 
the  VorffphonUf  the 
wou/ided  Amazonf 
&c  It  is  chamc- 
t^nstic  of  the  defi- 
nite nature  of  his 
attainments  that  he 
fixed  a  canon  of 
bodily  proportions, 
which  he  also  em- 
bodied in  a  statue, 
probably  the  diory- 
pkonu ;  and  this 
canon  was  accepted 
by  the  athlete 
sculptors  of  the 
schools  of  Argos  and 
Sicyon  as  fixing  a  Ylg.8, 

type,  till  afterwards   Doryphorus.  after  Myddtni. 
modified     by     Eu-  (Naples.) 

phranor  and  Lysip- 

pus.  In  details  of  execution,  and  espedally  in 
the  treatment  of  bronze,  his  fiivourite  msteriai, 
Polydeitus  is  said  to  have  excelled  even  Phidisa; 
but  there  was  a  certain  monotony  in  the  con- 
ception and  even  the  pose  of  his  works.  Thoagh 
his  athletic  statues  and  his  canon  are  hit  bat 
known  works,  and  most  important  for  their  in- 
fluence on  later  art,  it  must  not  be  forgotten 
that  Polydeitus  fixed  the  type  of  Hera  by  bis 
chryselephantine  statue  in  the  Heraeum  at  Argot, 
just  as  Phidias  did  those  of  Zeus  and  Athena.  His 
school,  in  Argos  and  also  in  Sicyon,  numbered 
many  important  artists,  who  seemed  to  bare 
followed  their  master  dosely,  and  to  have  held 
to  their  traditions  with  more  tenadty  tfasn  my 
other  school  in  Greece. 

(For  this  period,  see  Did.  Biog.  and  Myth.: 
CSalamis,  Myron,  Pythagoras ;  Paeonius  of  Mende, 
Phidias,  Cimon,  Pericles,  Polygnotns,  Mjs. 
School  of  Calamia  —  Praxias,  Androstheoes. 
Sohool  of  Phidias  —  Alcamenes,  Agoracritns, 
Colotes,  Thraaymedes,  Theocosmus.  School  of 
ifyron— Lydus,  Styppax,  Creeilas,  Strongf  Hon. 
Athens  —  Callimachus,  Demetrius,  Pyrriios 
Socrates,  Nioeratus,  Phyromachns  (PyrMnschuX 
Dinomenes.  Argos  and  Sicyon — Polyclettus, 
Aristides,  Ganachus,  Peridytus,  Antipbsoei, 
Patrodes,  Daedalus,  Naucydes,  Alypos,  Poly- 
deitus (youngerX  Phradmon.  Pelopsnnese^ 
Apellas,  Nicodamus,  Cleoetas,  Aristodes.  Mf- 
gara — Callicles,  Telephanes.) 

4.  400  B.C.-320  B.O.  Greek  Fmih  Cenhtry. 
—During  this  period  we  find  that  much  more 
depends  on  the  individual  charscter  and  pre- 
dilections of  the  vmrious  artists;   there  is  * 


8TATUABU.  ABS 

ttudaaj,  both  in  diekc  of  tubject  tai  in 
eiccDtlon,  ntbar  to  giTa  fna  Kopa  to  th> 
inM|liutioii  and  *kjtt  nf  the  utiit  than  to 
emplof  him  toambodj  in  bii  work>  injutinutl 
idoili  or  uplntloua.  Tha  artitt  wai  thai  more 
fre«  fram  aof  cdnddantioni  or  iniaCDcai  not 
pQralj^BTtiitic ;  bnt  already  id  the  fifth  centnij 
art  bad  rtMn  above  tha  trammeli  of  prieatcrafi, 
evca  in  tha  caae  of  rtligiooa  acnlptora ;  and  it 
wai  not  aa  nnmiied  adrautage  for  the  iculptor 
to  i>e  bra  to  work  li-om  hit  own  imaginatioii, 
rattar  thu  &oia  thoH  ideiln  vhich  1»Idd^  to 
tfas  rata  or  the  dtr.  Thni  in  tha  plaoa  of 
great  worki  like  the  Olfmpian  Zan*,  tha  Athena 
Parthenoa,  or  the  Hera  of  Argoi,  we  meat  in 
Iha  fanrth  eenturr  with  aabtlf  diitingniihed 
imperaoDatlona  audi  aa  the  Er«,  Pothoi,  and 
Himena  of  Seopat,  or  the  half-hanuu]  beings  of 
the  ejela  of  Utanfana.  Eren  groups  of  inbor- 
dinat*  divinitiu  befim  repreiented,  like  the 
Oracea,  aa  ambodjing  wnna  attribatea  of  Zeni  or 
other  gcsat  diTioitiea,  ara  changed  to  ittenduiti 
of  tha  cycle  of  Aphrodite,  and  traatad  accord- 
fnglj.  Again,  initead  of  truly  Kulptaretqne 
Teprwantationa  of  permuent  character  (^fei), 
wa  notiea  rendaringi  of  more  truuiant  panioni 
or  eidtaiaenta  («d<^>,  aa  in  the  raring  Maanad 
of  Seopai — anbjecta  ohviooal  j  not  ao  wall  adapted 
to  Bcniptara,  though  perhapa  exhibiting  more  tha 
■kiU  of  tha  aiiiat. 

Aa  might  1m  aipacted  from  tha  freedom  and 
importance  of  indiridnal  artiita,  wa  find  lea* 
limit  tikan  before  in  the  niunbtr  of  tha  Mthoola 
whore  artiit*  ware  trained,  and  of  the  cantrea 
of  Uteir  actiTitf.  Athena  and  Argoi  or  Sicyon 
■tiil  reniain  important,  bat  than  are  many 
notable  artiita  who  belong  to  neither ;  and  the 
itatnaa  produced  ara  Battered  all  orar  the 
Hetlenic  world.  Thoa  Scopas  waa  a  natire  of 
Paraa,  and  worked  in  hia  aarly  fean  in  the 
Peloponneae,  and  later  in  many  parti  of  Ana 
Minor.  The  two  greateit  artiita  oC  thii  period 
ware  Scepai  and  Praiilalaa.  Scopaa,  who  waa 
OTDbablj-  of  Parian  origin,  and  worked  in  the 
Pelopoimaae  in  hia  youth  and  in  Aaia  in  his  later 
years,  intrcdneed  the  representation  of  panion- 
atc  snbjaeU  which  sftarwarda  waa  deTtlopad  in 
Pergamu  and  Rhodea. 

I^»iita1es  represents  the  highest  attainment 
of  the  Attic  school  of  marbla  icalpture,  and  ia 
fomon*  lot  the  most  beautiful  forma,  as  Phidias 
for  the  noblest 
ideab,  of  Greek 
acniptnre. 

From    the  na- 
ture of  the  period, 
-\!'j    it    follows    that 
U-'  'i    —at  of  the  scnlp- 


STATUABIA  AKS  707 

for  the  templa  of  Athena  Alea  at  Tegea,  and  tha 

basis  of  the  ilatne  of  Apollo  at  Mantinaa  br 

PnusMn,  with 

a  relief  of  Apollo 

Uarijas        and 

the  Uniei,  and 

above     all    the 

St  Olym- 

Tbeae  are 
original  works, 
and  ao  snpatior 
to  thennmarons 


(One  of 
these,  a  oopy  of 
the  Faun  of 
Prailteles,  is  n- 
producvd  in  fig. 
"■)      For   the 

maotetisi 

Iptures,  by 
Scopas  and  other 
aitiati  (now  in 
London)^  ace  tab 
Toc-  In  London 
also  are  aoma  of 
the    scnlptnied 

EphaSBS,  ona  of 

hich  is  Tscor-  '  '        CipiuL) 

id  to  have  l>acn 
carrad    by   Scopes,  and  the  seated  itatoe  of 
Daaitttr  froai  Cnidiu,  the   Mstet   Doloraaa   of 
ara.    The  group  of  the  Nlobids  of 
exist  in  norence  and  elsewhere 


Utad  br  Scopas,  fto 

there  are  in  Atbeni  two  heads  (fig.  9)  and  other 
fragments  from  tha  pediments  made  by  Scopaa 


which  copies  a 


(Flonoce.) 


(fig.  11)  belong  to  tbl«  period.  Pliny  mentioni 
a  doubt  whether  thay  ware  by  PiaiitelaB  or 
Scopes ;  this  probably  means  merely  that  Bo- 
man  tradition  aadguM  them  to  the  age  whea 
these  two  masteii  flonriihed. 

iyt^piu  of  SlcyoD  oontinned  the  traditions  of 
the  schoolof  Polyclitiu;  he  modified  the  "canon," 
■o  as  to  m^ke  the  head  snuller  in  proportion, 
and  the  body  more  slender.    These  character- 

a  B  2 


STATUARIA  ABS 


■Ito  tttributod 

tioD*  that  iniplr  ■  ten- 
dcncj'  toward*  nalinn 
on  thi  ODC  tidt,  and 
purely  Bcademio  work 


the     otbar 


-th« 


making  of  cuti  fi 
stitaei,  and  alto  the 
n-orkiag  ap  of  cs*ts 
m&do  from  the  lirlng 
modrl,  both  attributed 
to  Lyiiiirahu,  brother 
of  Lyiippui. 

Tocerdi  the  clow  of 
thii  period,  the  per- 
•onality  of  Aleisnder 
begin*  to  dominate  the 
art  of  aculpture.     But 


culptor 


ere».r7 

and    the 


complicated ; 
fODDger  Atti 
carried  the  »ftne«  of 
Praiitelet  to  an  ex- 
treme, while  elaewhere 
athletic  worki   tended 

tomical  (tudle*  ;  but 
all  thne  tendencie* 
only  dsTeloped  dnring 
the  incceedJDg  pevlod. 
Bat  baidei  theM 
tendenciei,  which  nlti- 
mntelf  led  to  the  de- 
cline of  art,  we  End 
0  retain  the  higher  ideali 
the  moet  notable  li  Da- 
lo  leeiiie  in  hit  choice  of 
■ubjecta  and  of  mHtEriali  to  beinSnenced  by  the 
achool  of  Phidiu.  Thui  he  may  aleo  b«  re- 
garded aa  the  fint  iutance  of  a  great  artiat  who 
coiuciouily  imitated  the  iityle  of  an  earlier  period. 
Fr^menta  of  a  groap  by  him  have  been  fonnd 
at  ^cwan  in  Arcadia,  and  are  now  in  Athena. 
(For  detaili  concerning  aculpton  of  thi> 
period,  lea  JhcL  Bing.  and  Iti/IK,  Pant — Xeno- 
phon,  Scopai ;  Mmuolewn,  Leocharea,  Bryaiis, 
Timothena,  Pythia.  Alieiu  —  CephiiodotBs, 
Pcdyclea,  Eudidea,  Praiitelei,  Cephiiodotni 
the  younger,  Timarcbni,  S(benni),  Silanion, 
Zenijades,  ApollodorDa,  Polycratei,  Euphranor, 
Polymnestui,  and  Cenchnuaui.  5i<^oii— Ly- 
iippui, Lyiiitratus,  Dajppns,  Enthycratea,  Tiii- 
<Tat«,  XenocntM.  Metteiu  —  Damophon. 
ZM<*— Hypat«dorui  and  Arlitaglton.) 
5.   320  B.C.-150    B.C.      Jlellmitti:;    Asiatic 


upon  the  hiitory  of  art  ai  of  literature.  The 
oonqaesta  of  Alexander  and  their  subaequent 
diTiiion  opened  up  the  Eait  to  Greek  eaterpriie ; 
and  it  ii  the  new  and  flonriehing  citiee  which 
thni  anae  into  prominenca  that  form  the  great 
art  centru  of  the  oeit  period,  —  Pergamui, 
Rhodes,  Tnltes,  Epheiui,  Ateiandria,  Antioch  : 
aome  of  theie  were  not  of  courie  new  citlei,  but 
■  now  era  began  for  all  of  them  with  the  age  of 
Alexander.  In  the  csie  of  acnlpture,  the  in- 
fluence of  Alexander   wai  In   part   direct   and 


direct.        The    i 


portiaiti  of  Alexander   bj   Lyiipptu  and    hi* 


BTATUABU  AE8 

followera,  in  all  eharacten  aad  ■ 

led  to  a  modification  of  the  cnatomary  type  of 
face  aa  remarkable  that  many  headi  of  thii 
period  hais  been  miinamed  Aleiander  from 
their  reiemblance  to  him,  thongh  the  artiit  pri>- 
bably  wa*  merely  representing  the  Drdrniry 
type  of  hii  ichoal.  And  other  personilitiei, 
mostly  of  the  sncceaun  of  Aleiander,  came  U 
hare  almost  as  great  an  inflnencs  for  a  time. 
The  coarta  of  these  Griwk  kingi  in  Ana  and 
Egypt  formed  the  chief  centrei  of  Uleratore  and 
art,  and  icalptora  as  welt  as  others  worked 
nnder  their  patronage.  Under  auch  inSntncs 
art  strove  to  make  np  by  the  eoloaial  sole  of 
Ita  works  and  the  dramatic  eOect  of  iti  eiprcnen 
for  the  grandeur  and  simplicity  that  were  lost; 
and  academic  study  led  to  eclecticism,  so  tint 
we  recognise  in  worki  of  thii  period  methodi 
and  characterietica  of  varioni  earlier  sckooK 
nnited  or  confused.  On  the  other  hand,  tht 
artificial  life  of  courta  and  cities  induced  a 
craving  for  primitive  simplicity,  which  fouad 
eipresiion  on  the  one  hand  in  paitcral  lilen- 
ture,  and  in  same  reliefi  with  country  sceno, 
under  pictorial  influence ;  on  ths  other  in  ttpre- 
sentationa  of  child  life,  which  now  an  more 
frequently  rendered  with  trnth  to  nature,  ai  in 
the  statue  of  a  boy  struggling  with  a  gooM, 
by  £aeljliu. 

It  ii  an  indication  of  the  time  that  tit 
Rhodians,  when  they  had  repelled  an  innrirHi. 
did  not  aeek  to  honour  their  god  by  a  italu 
expressing  the  national  ideal,  but  to  glorify  hia 
by  erecting  the  biggest  itatae  known— tie 
coloBsus  of  the  Sun-god  by  Chara,  a  pupil  ef 
Lyiippus,  who  thus  is  associated  with  the  new 
tendencies.  A  great  itatae  of  VkOij  fnm 
SamofArace  (in  Paris)  wai  erected  by  Demelrias 
Poliorcetes  abont  300  B.C. ;  it  ihowa  a  spirited 
treatment,  but  all  the  itraining  after  eflect  that 
marki  the  Hellenistic  period.  But  Pergamoi 
wai  the  moit  important  art  centre,  iikL  tke 
victories  of  the  Greek  kingi  over  the  Gauli  (or 
Gaiatian))  afforded  occuiona  and  lUbjecU  for 
great  dedicatory  gronpa.  To  the  periid  tf 
Attalui  I.,  241-197  B.C,  are  to  be  assipt^ 
several  atatuca  and  groapa  of  Gauls,  dying  or 
killing  thcmaelvei;  the  best  known  b^ng  the 
Dying  QaiU  of  the  Capitol  at  Rome.  Attains  I. 
also  dedicated  itatnei  in  bronie,  half  lilt-iiie.  or 
conteiti  both  between  Greeki  and  Ganli,  Ptr- 
■iani,  or  Amaions,  and  gods  and  giants  on  tJw 
Acropolia  at  Atheai,  of  which  marble  cojas 
exist  in  many  muieama.  Dndar  Enmenei  lU 
197-159  B-C  was  erected  the  gnat  altar  el 
Pergamus,  ornamented  with  nliefi  of  the  biltit 
of  godi  and  giants  (now  in  Berlin):  this,  with 
its  strngglei,  contortions,  and  dranutic  eipna- 
noni  of  (icitement  or  pain,  ii  the  great  example 
ofthiistyl(((ig.l3),  InthepatheUcanddtamitic 
rather  than  sculpturesqne  natnre  of  subject  avi 
style  in  all  these  works  we  may  ae*  the  uttimitt 
development  of  the  eipreasion  of  possioa  uit 
emotion  in  marble  which  Scopas  intnidiind  inla 
Asia  Minor.  An  even  more  extreme  instance 
may  be  leen  in  the  Lochooh,  made  by  Agr^ 
dm  of  Rhodes  and  his  companions;  soother 
fimoni  group  ii  the  Fanute  hull,  or  punishment 
of  Dirce,  by  ApoUomui  and  Tauntcat  of  Tnlln- 
Pine  specimen*  of  the  development  of  athlete 
iculpture  in  the  Hellenistic  period  msy  be  tea 
in  the  bronie  itatae  of  a  b<uer  fonitd  recently 


STATUAEIA  AEB 


8TATUABIA  AQSi 


•calptnrc,    tboagh    tha    ulKtion    of   inbjccti 
mark!  ■  period  of  dccidcoce.     But  ■amt  BTtitti 
■till  atroira  to  retain  tha  noble  ideala  and  lim- 
plicitj  and  breadtb   of  treatment  of  an  earlier 
time  ;  and  the  remit  may  be  Men  in  the  ApAro- 
lUte  of  Mtlolt  which  jnoat  b«  auigned  to  thii 
period.    SomctiRlei  the  Hme  tendeoc;  led  to  a 
cold  and  academic  treatment,  at  may  b«  >ten 
in    irorka    like   tbe   Apollo   Belvedere   and    " 
jirfsmig  of  the  Lounre.      The  tendency  to  1 
penoniGcatiou  miut  alio  be  noticed ;  the  iint 
and  beat  knowD  inatanca  ii  tha  statue  of  Aru 
bj  Svtj/Mda,  another  acholar  of  Ljaippua. 

The  neit  period  it  aiaigned  to  Graeco- Roman 
art,  bat  mom  of  the  artitta  who  belong  to  it 


710 


BTATtTABU  ABB 


■rtUti  of  abont  100  B.0,,  veil  kDoini  for  their 
itatoH  of  fighting  wBirioni,  upMiallf  the  *o- 
call«d  Borglme  Qtadialor  (in  Paiii)  bf  Agatiat, 
which  U  niuurpuud  u  an  uutomiisl  (tudy, 
•nd  a  ttatae  from  D«1(w  br  MenephSia.  TheM 
mar  be  regudcd  ai  thft  laat  prodncti  of  the 
athletlfl  Khool  of  Lyiippae,  though  already 
eoDtemparary  with  the  haginnlngi  of  Gruo 
Soman  acalpture. 
(S«e  Dictionary  of  Biog.  ^  Mylk. :  Alexander, 


AthcDodorai,  Alia  aExcr — ApolloDioi,  Taarii- 
cnu,  Apollodonu,  Umophilni,  Doaitheiu,  Aga- 
■iaa.  Other  ortiMi  —  Entrchidst,  Caathanu, 
Boathu.  Other  namst  in  thu  and  the  luccced- 
ing  pariod,  for  the  moit  part  awodated  only 
with  iaoIatBd  irorlu,  DMd  not  be  qaoted  here) 

150  B.C.-312  u>.  Qraaea-Boiaa*  <n\d  Samiat. 
—The  lack  of  Corinth  146  b-C— or,  roogbly , 
the  middle  of  the  weond  centarr — may  h«  re- 
garded aa  the  beginning  of  the  Qrawo-Roman 
«ra;  the  era,  that  it,  when  Qreek  artiiti  no 
Bore  worked  either  for  their  art  or  for  their 
«WD  people,  bnt  in  order  to  pleaaa  the  tait« 
af  their  conqaerora.  Bnt  it  «■■  not  only 
the  art  of  the  time  that  wai  affected ;  for 
from  the  beginning  of  thii  period  all  the 
beat  known  worka  of  art  already  exiiting 
were  ooUeEted  at  Rome  -tHaa  all  qoartera, 
«od  at  the  end  of  it  traiiafeA«d  to  Conitan- 
tjnople  Id  gT«at  nnmtiera ;  and,  thoi  collected 
together  in  great  cantrea,  they  were  more  liable 
Co  aeeldeati  or  to  wholeaale  deitraction  than 
if  (cattered  in  qniet  local  centre*  of  wonbip. 
Obrionaly  no  great  or  original  achool*  are  to  be 
looked  for  in  Miia  period  ;  bat  among  the  nnrae- 
rona  independent  Qreck  artiita  who  worked 
either  in  Qracoe  or  Borne  for  the  Roman  market, 
I    few  atand    out  a*  of   wida   iadoencc. 


a.  b7  Stcphuna.    (Niplea.) 

lODE  theae  ate  Arcttilaiu  and  PatiUht,  who 
b  llred  in  the  6nt  oentory  VJi.    Aroailaia 


STATUABIA  ASS 

li  nid  t*  ban  aoU  hie  pieplamHta  at  lumber 
pricea  than  finiihed  woiki  by  otheia  com- 
manded. Of  Pamtdm  and  hi*  icbDlan,  8t»- 
pAomu  and  Menelaiu,  we  poaaeaa  aome  extaat 
worki  (fig.  16)  whioh  ahow  that  he  at- 
tempted to  imiUte  the  aenn  ityle  of  the 
athlete  acnlpton  of  the  fifth  cntory.  Bat 
the  majority  of  iculpton  dnring  thit  period 
were  employed  in  meeting  the  eDormou 
demand  lor  ecnlptore  to  decorate  bathe, 
gymnaiia,  Tillxa,  ftc,  by  the  pmdaetion  nol 
ao  mach  of  original  worki  ■■  of  c»;ua  of  all 
the  faToDiite  itatnei  that  had  been  made  by 
Greek  artiita  of  all  preTiooe  perioda, — a  proc™ 
of  the  ntmoit  importance  to  nt;  fbr  now  that 
nearly  all  the  originala  hate  been  loit  or  de- 
etroyed,  it  b  thie  clau  of  copiei  that  now  Gilt 
the  moMama  of  Europe,  and  more  cfpadally  of 
Italy.  In  addition  to  copiea  of  itatnea,  icalp 
ton  of  thi»  age  alto  reprodoced  at  leparatt 
worki  Ggnrsi  from  well-known  gronpt  or  re- 
lief*, and  even  algned  theae  aa  the  artUt,  u  ii 
the  cata  of  the  "  Farnci*  "  Hcraclea  by  Ol'/tm, 
a  type  originally  belonging  to  the  HelleDtitic 
age.  Only  one  branch  of  aenlptnra  can  be  niii 
to  bare  had  an  independent  deTelopmenI  nndtr 
Bomaa  inflnenee.  Indiridnal  and  natnnliiiie 
poTtraitt  had  been  made  in  the  tchool  of  L^sip 
pot,  and  were  oontlnned  tfarongh  the  Hflleniftic 
age ;  euch  commeiDantini  of  the  indlitduil 
waa  pecatiarly  pleaiing  to  Roman  taite,  mi 
Roman  portrait  atatnei  and  bnata,  eapedally  of 
the  great  hiatorical  charactoa  of  the  AngoHin 
age  and  of  the  earlier  emperora,  are  of  v,o- 
eqnalled  excellence  in  their  UTe-like  eiecntiei 
and  portrayal  of  penooal  chancter- 

In  the  age  of  the  £m|>«rt>r  Hadrian,  whs  wai 
a  great  patron  of  the  aita,  aome  reririal  may  be 
noticed ;  tbli  ii  npecialiy  MrccUted  with  the 
portraitt  of  ADtinDiu,ythe  favoarite  of  tin 
emperor,  whoie  type  of  face  and  figure  domliuta 
the  art  of  Ihii  period  almost  at  those  of  Alti- 
ander  dominated  that  of  the  Helliniitic  age 
But  after  thit  brief  rsrifal,  tbe  decline  of  Ibc 
art  of  lenlptnre  wat  even  more  rapid  Ihu 
before,  nntil  it  began  a  new  era  in  Byianiiix 
timet.  Dnder  the  emperors,  tcnlpton  wu 
called  upon  to  commemorate  bittorial  trtitt, 
and  especially  Tictoriea  over  the  barliariani. 
The  Tellefs  of  the  Column  of  Tiajan  an  U» 
finatt  of  these,  and  represent  with  ipiril  ud 
tmth  to  fact  the  inddeol*  of  a  Raman  cun- 
pugn.  The  Colnmn  of  Antonion*  k  alm^f 
Tory  inferior  in  conception  and  eiecntin.  Tbt 
Tirjoiu  trinmphal  archei  in  Rome  ottered  a  ■I'l' 
field  for  decorations  of  thit  natnre,  and  in  Uhw 
which  still  sanriTB  it  it  eiay  to  trace  tbe  decIiK 
of  tcalptore  from  the  age  of  Angnstai  to  tkit 
of  CoTutantine.  Another  ATOoHte  Sili  for 
decoration,  in  Soman  timea,  waa  offioed  by  th' 
•cnlptnred  Sanophagi,  which  were  coTired  ci>b 
reliefi  of  hiitorical  and  mythical  tnbjects.  Tbe 
earlier  among  these  show  good  design  and  voit- 
manihip  ;  bnt  in  the  later  we  can  tee  the  com- 
plete decay  of  all  artlatie  power  and  Ming. 

A  few  wordi  may  be  added  at  lo  tba  piatm- 
tion  and  larTiTa!  of  eiamples  of  andeat  tnlr- 
tare,  and  tbe  olassei  into  which  thty  nuy  t* 
dlTided.  When  there  wat  no  <«•  for  Ur  pre-  i 
serration  of  works  of  art,  either  ■>!■;  tai- 
baront  inndars  or  among  these  in  whose  pBW" 


STATUASU  ABS 

don  tl»j  Tamunad,  it  ii  obrioiu  tlut  only  an 
■cddtnt  coald  prsMrre  tay  «Mtu«  which  wm  of 
an  intriuiicallj'  ralmble  to&UrUl,  auch  u  bronia 
or  other  metal ;  and  though  marbla  Btatuei 
wen  not  viposed  to  so  great  dangsr,  thoj  wara 
ooutaiitlj  bornC  for  lima  or  brokan  np  and 
lued  for  building  matarial.  Wa  niaj  roughl; 
aaaert  that  the  itataas  that  aurTira  ow*  thair 
prcurTBtian  to  oca  of  thna  eauui — eithar  thaf 
wan  puipo«lj-  aetreted  bj  their  worihippan  or 
adniran,  ■*  wu  tha  cate  with  tba  Htrmei  of 
PraxUtUi  aX  Olympia  imd  tha  AphnidiU  of 
Jteht ;  or  tba*  ware  accidantallj  buiied  amidit 
tha  ruin*  of  tba  bnildiiiga  that  cautaiDed  tham, 
wbethec  hj  ■  aoddan  deitrBction,  or  a  gradual 
decaj, — thia  ia  tha  chanoe  that  ha«  preurrad 
moit  of  tha  atatnea  tbat  ara  recoTcrtd  bf  ai- 
caratioD ;  or  thef  faare  remained  ia  a  coupieu- 
«DB  poiitloD,  aad  hava  bean  protected  by  aoma 
raTartnoa  or  aupentition,  probably  miitaken  in 
iU  origia :  thoa  tha  bronie  ttataa  of  Marco* 
Aurallui  on  the  Capitol  wu  nligiuulj  pra- 
•erred  through  the  dark  aget  bacauia  it  waa 
auppoied  to  repreaeot  Cooitautina.  In  atodj- 
iog  the  hi(tai7  of  anciant  iculpture,  it  ia  nrj 
important  to  aitlmata  corractlf  the  value  of 
tha  mcnamental  eTidaace,  and  to  nndentand 
tba  aiBct  relation  of  aitant  aUtnaa  to  tha 
artiat  or  achool  with  whicb  they  ara  aiaociated. 
In  thia  aapact  we  mij  dirida  all  tha  worka  of 
ancient  aeulptura  that  aurTira  into  four  claaaaa, 
■a  followa : — 

(I)  Origrnali:  that  ia  to  nj,  atatnea  actually 
made  bj  tilt  artiet  to  whom  they  art  auigned ; 
but  we  may  here  dtatlngniah  —  (a)  OHginal* 
from  the  band  of  known  artiata ;  auch  worka 
of  art  aa  they  aiacatad  thamaelTea,  and  which 
thua  abow  the  perfection  of  their  atyle  and 
eiecntion.  Sncb  worki  are  very  rare:  tha 
Jlema  of  PnaiUle*  ia  tha  finert  eumpla. 
(6)  Worka  aach  u  architectoral  acalptorea, 
which  wara  doubtlaaa  designed  by  aoma  great 
acolptor,  but  of  which  tha  axacDtion  moat  hare 
been  left  to  ataiatants ;  Id  thaaa,  of  csane,  giaat 
inequality  of  eiecutioD  may  be  eipected. 
(c)  Worka  made  in  the  period  and  by  the  artiiU 
of  tha  fchoot  to  which  they  mnat  ba  uaigned ; 
but  mtraly  raprodudng  the  ordlnarr  cbaraclar 
and  typaa  of  that  acho^  by  the  hand  of  infarior 
acnlpton  or  mere  aitiaaDt:  tbtea  may  vary 
from  Tery  high  ueclteuca  to  careleia  and  in- 
ferior work.  Tha  beat  ciampla  ia  offered  by  tha 
Attic  grave  raliefa. 

rS)  Copiti,  u  faithful  aa  tha  artiat  could 
make  them,  from  original)  by  earlier  aculpton : 
to  tbii  clai*  belong  the  great  majority  of  tha 
•tataaa  in  Enropatn  muKuma,  and  aapeciall*  in 
Rotna  and  Italy.  Theie  vary  very  much  both 
in  tba  carefuluen  of  thair  eiacution  and  in  their 
faithfnlaeia  to  the  original  from  which  thay  ara 
derived.  A  great  dnl  dapendi  on  the  period 
and  achool  of  the  copyist;  if  he  ia  not  far  re- 
moved in  period  or  atyle  from  tha  artist  who 
made  hia  original,  hia  copy  may  very  aoca lately 
reproduce  iu  character:  a  Oreek  copyist  la 
more  likely  to  reproduce  the  atyle  and  apirit  of 
bia  original,  while  one  of  Koman  times  li  mora 
likely  to  be  accurate  in  the  reproduction  of 
dataila  and  acceaaoria*.  Thoa  tha  diaracteiiitica 
of  tba  ichool  and  period  to  which  the  copy  must 
be  jtHignad  muat  alwaya  ba  taken  carefully 
Into    cu^aratlon    before    " —   '"'" — 


STATUABIA  ABS 


711 


drawn   ■■  to   the   origiut  from   which  it  is 

(3)  Warktof  Artatiahottiidiedorimitateitke 
liyle  of  on  aarlier  period.  If  these  artists  succeed 
completely  in  catching  the  apirit  and  style  of 
the  period  they  atudy,  their  works  may  ba  diffi- 
cult to  diatiuguiih  from  those  of  an  earlier 
period  ;  but  in  most  coat*  they  citnuat  entirely 
free  themiatvaa  from  the  iuSuences  that  lur- 
round  them:  thna  though  ia  the  Ap/trodite  of 
Ualta  wa  lea  the  noble  form*  and  broad  treat- 
ment of  the  fifth  centory,  in  tha  artificial 
arrangement  of  tha  drapery  tha  apirit  of  tha 
Hellenistic  i^  betraya  ileelf.  Sometimes  we 
liad  later  artiils  not  merely  seeking  inapiratioo 
from  the  ideals  of  an  earlier  age,  but  imitating 
the  charactaristio  of  particu^r  achools,  aa 
waa  the  cua  with  PatiUUa  and  bis  aaaodatea, 
who  lometimM  even  made  copiea  that  mnat  b* 
asaignad  to  the  aecond  class. 


DadleatlmtoApoUoCHhsniadui.    (Berlin.) 

(4)  ArcKaiitic  vorltt !  that  la  to  aar^  woi 

that   imiUta   tha'  manneriima    and    deUlta   of 

aiecutiou  of  tha  archaic  period  ;  it  ia  of  eouna 

Kible  for  thia  claaaiu  some  casta  to  overlap  the 
:  bat  the  name  "archiiitic"  is  commonly 
applied  to  more  mechanical  works,  made  with  as 
atfectation  of  primitive  characteriitica.  Thia 
aSectatioD  ia  introduced  either  f^om  hlaratla 
iaflnenca  for  dedications ;  or  on  decorative  prin- 
eiplas,  tha  archaic  atifTneaa  supplying  a  conven- 
tionality auitable  to  auch  use;  or,  at  a  lata 
period,  n-om  a  mere  aaeking  after  the  quaint  or 
uncouth.  Archaiitic  works  most  ba  carafhily 
diatingniibed  from  aatheutic  copies  of  archaic 
works  of  art,  thongh  aometimei  they  show  the 
same  characteriatlca  aa  these.  In  a  few  caaca 
it  ii  pouibia  to  doubt  whether  a  work  ia  really 
archaic  or  archaistic,  but  it  la  rare  to  find  an 
arcbalstlc  work  so  free  from  exaggeration  of  the 
mannrrltiDa  and  qnaintnasaes  of  srcbaic  worka 
that  any  confuaion  ia  pouible.  Thus,  in  archa- 
istic works  the  ligares  walk  on  tiptoe,  and  the 
floating  ends  of  dnpery  are  worked  into  the  stiSast 
of  coavenlional  ligiaga,  and  even  curved  ap  in 
an  impossible  maaner)  while  in  really  archala 
worka,  though  in  some  details  conventionality 
may  big  aeen,  yet  we  can  also  see  the  attempt  of 
the  artist  to  render  nature  ao  far  aa  is  posaibU 
within  the  limits  of  his  power  of  eipreaaion. 
Tha  maker  of  an  arcbaiatic  work  alao  batraja 
hinuelf  often  by  a  later  treatment  of  soma 
detaila,  a*  in  tba  Athena  at  Dresden,  in  which, 
thoagh  the  folda  of  the  drapery  are  atiff  and 
conveutionsl,  the  daaigne  on  the  border  ara 
worked  with  peiftct  fnadom.    But  tha  dtatlne- 


712 


BTBLE 


tiaa  klwiji  titends  bej-ond  detaili,  ukd  the 
<un*tt  nttempt  of  an  early  nrtiit  to  da  hii 
b««t  ia  totallr  diflerent  rroin  the  •fiectHi  maji- 
oerisms  of  a  liter  imititor. 

EOn  specUl  period!  or  iirtisls,  the  worki  pnb- 
ed  ere  too  nomerou.  to  quote,  but  the  fol- 
lowing  boaki  cDoUin  ■  g^nenl  treatment  of  the 
enhjeot; — Brunn,  GcKltkhie  der  gHaMK/ien 
SBmUer,  Bruniirkk,  1853,  uid  Stattfcut, 
1S59  (the  Becoad  edition,  Stuttgnrt,  1889,  ii 
a  mere  tvpriot) ;  Overbeck,  Die  anUkm  Schrift- 
quellat  tar  OodiiehU  der  bildendan  ESnile, 
Leipiig,  1868  (claiiaical  nuthoritiei  have  oot 
been  quoted  in  thii  article,  as  thej  may  all  be 
found  in  thii  book);  Ov«rbeck,  QachkUa  der 
griec/iiichen  Plaitii,  3id  edit.,  Leipiig,  1881-2  ; 
Mitchell,  Niitof!/  of  Aticimt  Seulplarr,  London, 
1883  (eicelleot  fur  reference)  to  the  literature 
of  the  (Object);  Miirnjr,  History  of  Greet 
Sculpturt,  London,  1880-3;  Perry,  BMory  of 
Greek  Scidptare,  Loodon,  I88S ;  Parii,  La  8t^}'- 
tiire  antiqiu,  Parii,  1BB8;  Loewy,  Irudiriflen 
gnechinJier  Bildhauer,  Leipiig,  1885,  See  ■!» 
the  articlei  on  Sculptor)  and  Sculpture  iu  Bau- 
meister,  De:^an^er  dea  cbuMcAm  Alierthumi, 
Leipiig,  1885-8.]  [E.  A.  G.] 

8TELE  ((ttiIaii)  Ii  the  name  giran  to  any 
block  (uiuilly  of  itona  or  marble)  Kt  up  for  a 
monumental  purpoi*;  thua  it  i«  cODitantly 
applied  in  inicriptioiii  to  the  block  on  which  a 

Eublic  docament  la  to  be  iociied.  But  the  but 
nova  UM  of  the  term  ia  to  denote  a  monainent 
aet  up  over  a  tomb,  either  plain  or  with  manlj 
oiuameutal  decoratlona,  or  contaiaiug  a  com- 
memorative inicriptioD,  or  a  portrait  of  the 
deceaied,  painted  or  in  Telief,  alone  or  grouped 
with  other  ligarea ;  comhiuitioui  of  theae  cha- 
racteriitica  ai-e  commou.  The  aimpleit  form  of 
atele  couiiata  of  a  plain  marble  alab  or  [nllar 
aurmonnted  by  an  authemios,  aod  inacribed  with 
the  name  of  the  deceiiied ;  often  two  roaettei. 
tide  by  aide,  are  added — poaiibly  a  aarTival  of 


anthrDpouiorphic  repreMDtation,  The  moat 
mmoD  lubjecta  repreaentcd  on  graya  reliefa 
\J  bt  thna  claadfied : — 


(1)  SimpUreprttentatiomof  Oiedei:»a»td,<Aen 
in  aome  common  employment  of  daily  life. 
Thua  the  warrior  appean  fully  armed,  atandin^ 
aa  if  on  parade  (Ariition),  or  on  honrbick 
■lariug  a  proatrate  foe  (Deiileoi).  An  athlete 
holda  hii  itrigil  or  eierciaea,  and  ia  attended  by 
hii  trainer  or  hia  alare ;  a  lady  aiti  playing 
with  her  jewels,  alao  accx>mpnnied  by  her  atteo- 
.  (tig.  1).     A  man  or  child  ii  often  rapre- 


.ted,  lakea  leave  of  hia  or  her  relatirc 
frienda  ;  family  acenei  ere  uinaliy  depicted.  In 
later  and  more  elaborate  deatgni  a  horse  appear), 
na  if  the  dcc«aa<d  were  about  to  atari  on  a 
Journey,  and  a  aerpeoc  alao  is  aeen  ai  a  aymbol 
'■'■"'  lymboiie  jitruna  ar». 


if  the  d. 


.  in  the 


in  parting  acenea  of  the  beat  period  the  inbject 
i>  only  indicated  by  the  appearance  of  roelmt- 
:holy  in  the  facea  and  attiludea  of  the  peraona 
■      (fig.  2). 


(3)  Banquet  tetnet.  —  Three  aeem  to  bare 
originated  in  a  kind  of  ancaator»woiihip,  aa  b 
aeen  in  the  rery  early  atelae  Irom  Sparta:  in 
them  the  decaaied,  aa  a  "  hern,"  holdi  ont  a  cnp 
ai  if  to  require  a  drink-offering ;  hia  wife  li 
(cated  on  another  throne  Iiahind  him,  and  nnall 
worshippera  approach  with  offeringa.  In  later 
timei  we  Gad  aome  similar  eiamples ;  on  the 
painted  atela  of  Lyaiaa  at  Athens  the  deceaaed 
standa,  holding  a  cap  in  hit  hand.  In  tb« 
Spartan  reliefa  a  great  serpent  coila  orer  the 
back  of  tbe  throne,  repreientin;,  probably,  the 
deceued  a*  the  inhabitant  of  his  tomb.  In  the 
typical  banqnet  aeeoe  of  later  timei  the  deceaaed 
reclines  on  a  conch,  and  hia  wife  aits  on  tbe  foot 
of  the  couch  or  on  a  chair  beside  it;  beibre 
them  ia  a  feait,  of  which  they  partake^  and 
serfanls  with  cnpi  or  Tiandl  take  tbe  place  ■( 


tiM  vonhlppcn;  a  anak*  ■nd  a  dog  arc  often 
preaeut;  aod  a  bona'a  h«ad,  a*  a  aynibol  of  a 
jonnwf,  ofteti  appean  in  a  •qnara  at  th«  nppir 
conxr  (6g.  9).  It  ha*  Iwen  iDggaited  tliat  w« 
ihoDld  Ma  ben  the  fnnfril  banquet  idealised,  sr 


STILUS 


7i3 


H  wUb  bsaqort  •«».    (JfUm.  Ova.} 
th«  aBJDfmanti  of  the  deccaaed  in  another  life  : 


Hriee  sf  Greek  itelae  vhich 
■till  larrire  ii  of  great  value,  not  onlf  for  tbeit 
inbjecti  bat  alio  for  their  eiecution ;  the;  were 
inaatlj  the  work  of  inferior  arliita  or  mere 
artiuna,  bat  reflect  the  itjle  of  the  greaUr 
artiita  of  the  place  or  period  to  which  thtjr 
belong.  The  meet  important  are  thoae  fonnd  in 
Atbeoa,  and  praerTed  either  m  litu  in  the 
Outer  Ceruniciu  or  in  the  Matlanal  Museum  at 
Athens. 

The  inscription  on  a  srave  itele  nsoallf  gives 
merely  the  name  of  the  deceased,  with  hii 
father  i  Dime  and  his  coQnti7  or  deme,  and  her 
husband'!  also  in  the  ease  of  a  woman :  this 
simplicity  wai  almost  nniveraal  is  Attica,  bat 
simple  metrical  inacriptiona  containing  the  same 
informalion  are  fonnd  from  the  earlieat  times. 
Lliewhere,  and  mmniODly  later,  xa<P'  or  xjrnirri 
XoifH  ■■  added ;  bnt  elaborate  enlogies  are 
■itremely  rare,  at  least  before  Roman  times. 

(A  complete  collection  of  ancient  graTe-stelaa 
ia  now  being  published  by  theOennan  Institute, 
i>w  naJtten  amhrelit/t,  Berlin,  1890.  See  alao 
Le  Baa,  AntiqialA  figuriet,  p.  85;  Welcker, 
Alte  Dmkmaier,  iL  p.  332;  Stephani,  Der 
ausruAenda  Ha-aJda  ;  Perranogln,  DoM  Familicn- 
nuM  mf  altgriechitdu^  QrabtUlm;  HolUnder, 
De  operibu*  anagliiphii,  be. ;  Setinaa,  ifmnunmti 
Apo/cro/i;  MitlJteilnngtn  da  dtaticlte*  Inati- 
tutt  M  Alhfn,  ii.  p.  459,  It.  p.  161,  Tii.  p.  IBO, 
&c. ;  Jau-nal  of  Hellmic  Studitt,  1 884, 
p.  105;  Pottlar,  Let  Ltcslhn  blma 
antr^s ;  FnrtwiLngler,  Die  Samm- 
lung  SiAiiiamff.  A  diacuaaion  by  P. 
Gardner  and  references  to  previoua 
authoritiea    may   be    found    in    the 


STHE'NIA  (e9i,»\  a 
with  conteita  celebrated  by  the  Ar- 
gires  in  bonotir  of  Zeus  enmaraed 
stheniua,  who  had  an  altar  conslsliag 
of  a  large  rock  in  the  neighbonrhiwd 
of  Hennione  (Hesych.  s.  v.  SMnat 
compare  Paua.  IL  32,  $  7  ;  34,  f  6> 
Plntarcii  (da  Jfiu.  p.  U40c>  autea 
that  the  nUq  or  wreatling,  wbicti 
formed  a  part  of  the  conteats  at  this 
festiTal,    was    accompanied   by    the 


JiaU; 


alio 


Harble  Stele,  tbond  at  Sparta.  (Tmm  Hnnay,  .tiu^cat . 
preaenta  in  atiotber  life  ia  douhtleia  included. 
The  type  of  theae  reliefa  ia  often  repTodncvd  in 
dedicationa  to  Aaclepiua  and  Hygieia  or  other 
minor  dirinitiea  ;  and  thus  we  receive  a  confir' 
mation  of  the  view  that  the  deceased  la,  origin- 
ally at  least,  to  be  regarded  as  a  deified  hero. 


according  to  which  the  featival 
had  originally  been  held  In  honour  of 
Danana,  and  that  it  waa  afterwards 
consecrated  to  Zeus  Sthenina.  [L.  S.] 
STIBA'DIUH.  rMR]ma.f 
BTILUCrDIUM.  (SEBvmnag, 
p.  6S3.] 

STILDS  (Tpoffl,  Tpofewr,  in 
late  writer*  btuAsi).  There  can  be 
no  doubt  that  whatenr  the  origin 
of  the  word  the  correct  spelling  l> 
fit'ftu,  not  *tyl<a,  and  it  la  highly 
probable,  if  not  certajn,  that  the  con- 
iiJiit«™i  ""'™  "  •tI'n*'''>eT  with  TEAof 
iMpmn.-)  (whence  the  spelling  f(j,(ui)  ia  mis- 
taken  also:  the  quantity  of  the  two  worda  is 
always  different,  and  the  root  rret,  whence 
inii<t,  ttimidta,  kc.  (Cotaien,  Qr.  Etgm.  214). 
aaita  the  meaning  better.  Since  oriAoi  ia  used 
In  thia  aenaeonly  by  lata  writers,  it  ia  not  impro- 
bable that  they  took  it  by  a  &lse  reaaoning  to 


714 


STIPSIHDIABn 


repr«9<Dt  the  Idtin  word.  For  tfaa  true  Greek  ) 
wordi  ypa^i  uid  Ypo^iii'i  ""  FUt.  Pntag. 
p.  336  D ;  Atben.  p.  563  c,  nracUB  nl  Tpoffwr 
4iiipTiiiiiiiar  (■  line  of  Hicho  in  Srd  cent.  S.C.) ; 
Ariel.  PItyi.  ylLi,*;  PoUni,  x.  58.  The  itiloi 


t  (Orid,  iftt.  ii.  531 ; 
Uartial,  lir.  31X  ruemblisg  ■  peDdl  in  ilie  and 
ihapr,  lued  for  writing  npea  wued  tablet* 
(PlBQt.  SaecA.  W.  4,  63;  Plia.  H.  X.  iiiir. 
1 139>  At  one  end  it  wu  alurpened  to  ■  point 
for  acntching  the  cbancten  npoD  the  wui 
(Qntntil.  i.  I,  %  37),  while  the  other  end  bung 
Ast  and  eircolar  terred  to  render  the  Barface  of 
the  tablet!  imooth  again,  and  eo  to  obtitenta 
what  had  baea  written.  Thni,  cfrlerv  ttitwn 
meaiu  "  to  erase,"  and  hence  "  to  correct,"  aa  in 
the  well-known  praccpt  aoajM  ttilvn  tertat  (Hor. 
fill.  i.  10,  72;  Cic  Vtrr.  ».  41,  101).  The 
■tiliu  wa*  alao  tanned  gr<^Mim  (Orid,  Amor.  i. 
11,  33;  Saet.  Jul.  S3),  and  the  caH  in  which  it 
waa  kept  gngAiaritm  (Uartial,  lir.  31)  or 
graphiaria  tiitca  (Suet.  Claud.  35),  The  aiuieud 
cut  ii  from  a  picture  fonnd  in  Hercnlananm. 


3.  A  •harp  etake  or  apikc  placed  in  pitfalla 
before  an  entTeBchment  to  erobarran  the  progreu 
of  an  attacking  enemy  {Bttl.  African.  31 ;  Sil. 
Ital.  I.  415).  It  waa  intended  to  answer  the 
aame  purpose  aa  the  coDtiinncea  tailed  cifpi, 
ma,  and  itmnih  bj  Caesar  (B.  0.  rii.  73). 

3.  A  bronze  needle  or  rod  for  picking  worms 
off  frait-tres  (Pallad.  iv.  10,  j  90^  also  a  wooden 
probe  emplojed  in  gardening  operations  (Cota- 
melt.  li.  3,  j  53). 

Stili  were  made  also  of  bose  or  irorj  (Isid. 
Orig.  Ti.  9,  2) :  a  bronie  stilus  elaboratelf  carved 
tram  Orrieto  is  figured  in  Baumeister,  Denhik. 
ISaS.  Saea]>oSni.d^C;nn<iit.l,14',AuguBtiD. 
tie  Vet.  Sd.  39.  The  passages  dted  from  Plinj 
and  Snetonina  show  the  poasible  nae  of  a  large- 
aiied  sUlos  as  a  weapon.     VS.  R.1    [Q.  E-  U.I 

BTIPENDIA'BII.  (1)  Psraons  who  re- 
ceived a  filed  paf  or  aatarj,  as  Hmndiariat 
colarUt  (Blrtiua,  BM.  Afr.  43 ;  e£  Lry,  viii. 

(3)  Those  peoples  In  tha  Boman  provinos 
were  so  called  who  had  to  par  a  fiiMl  monej 
tribute,  itipmdium,  in  contriidutinction  to  the 
vmtignles  (CIc.  Yerr.  ir.  60,  134),  who  paid 
deaonat,  at  a  iiied  peicentage  of  the  produce  of 
their  lands  or  other  income  [see  VeCtiOAMA; 
PbOVinciae],  The  word  itipn>4inK  was  used 
for  "tribnte,"  Iwcaase  it  was  originally  appro- 
priated to  tba  purpose  of  furnishing  the  Roman 
soldiers  with  pay  (atuwMli'tm,  IJTy,  It.  36,  60  ; 
Tac  RM.  It.  74).    All  prorincea  paid  itipen- 


BTIPBNDIUH 

dioni,  except  Sicily,  aad  axatpt  Asia  between 
BJi.  133-48.  The  money  was  for  the  most  part 
raiaed  and  paid  over  by  ead  township. 

I«ter,  the  lawjen  of  the  Empire  dittingnitbtd 
itiptndiitBi  from  Iriiutain,  making  both  intaas 
laod-tai  of  fixed  amount  i  but  the  tanner  wsi 
raised  in  senatorial  proTiDces,  the  latter  in  Im- 
perial province*  (Qains,  iL  21). 

(See  also  under  TECnOALLa,  Ko.  13.) 

[F.  T.  R.] 

STIFE'NDIDH  (contracted  for  etipi-pnt- 
daaa)  is  derived  from  itipt  and  pnuto,  fnm  the 
bet  of  original  payments  for  servioe  hariag 
been  made  by  weight  (Varro,  L.  L.  v.  36.  50, 
"  Milites  stipeadia  ideo  i^aod  cam  ilipnn  ptmle- 
bant;"  c£  Plin.  H.  N.  jiiiii.  §  43):  ili>B,of 
which  only  the  oblique  cases  are  fonnil,  meu- 
iog  a  donation  in  small  coin  (Dig.  55,  W,  li, 
"  (tipendlum  a  stipe — quod  per  stipes,  id  eit 
modica  aera  colligatar ; "  cf.  Feitus,  pp.  £H, 
297).  Its  aarlint  meaning  appean  to  be  Cblt 
of  pay  for  the  army,  from  which  two  kindted 
meanings  are  derived :  that  of  military  serrioe, 
as  in  the  phrases  faceri  ttipendia,  nunri 
itipendia;  and  that  of  a  campaiga,  as  in  Die 
eipreasionj  fmettria,  oaiuu  sbjDandia.  The 
sense  of  a  tax  or  impost  is  probably  a  secondary 
Dse  of  the  word  derived  from  its  primary  mtaii- 
ing  of  military  payment,  the  origioil  Uisi 
being  those  leviea  to  defray  military  eipensct. 
(For  this  meaning.  He  Tamirroit.) 

Id  B.C.  406,  at  the  beginning  of  the  Ttien- 
tine  War,  a  regular  payment  (^Miipendi%t*n)  wsl 
first  made  to  tha  army ;  previously  to  this  then 
had  been  no  provision  made  for  the  foot-ioldim 
(militet),  bat  each  had  served  at  hu  own  cett 
(Uv.  T.  4,  "moleate  aatem  ferabat  mils  dt 
suo  sumptn  operam  reipublicste  praebert  i " 
Zonaras,  viL  SO,  ifuvtl  yiip  iiixf  ^^  '^ 
alxiarrat  iaTfOTtierTo),  although  Diouy^oi 
sayi  of  the  year  B.C.  4SS  that  a  snwsln  $ii- 
patdium  had  been  given  to  the  army  for  tbi 
■apply  of  ptovisions  (sis  Jfvriavfiiis  Dionyi.  r. 
47).  The  more  probable  date,  however,  is  tbtt 
of  the  siegs  of  Veii;  the  ten  years' cam psigiud 
the  necesaity  of  remaining  in  winter-qosttcn 
making  it  imposuble  fur  the  legionario  is 
famish  their  own  support  (Floras,  i.  13,  "  torn 
primum  hismatum  sub  pellibus;"  Lydni,  df 
Mag.  L  46).  Previousij  to  this  some  proriKBo 
had  been  made  for  the  equites,  not  in  the  "sy 
of  famishing  them  with  necessaries  daring  tkc 
campaign,  bat  only  for  the  purpose  of  supplyiai 
and  maiutaioing  tlieir  horses  [Aes  EqdE«tKI 
and  Ae*  HoKDEAKitm] ;  but  a«ne  yean  sfltr 
the  stipendiutD  had  iwen  granted  to  the  iafsstrj 
we  find  the  eqaites  also  reeeiviDg  a  amilu 
support  (Ut.  v.  T,  "equiti  cartas  numeral  stn 
eat  assignatus;*'  Zonaras,  vii.  20).  This  ori- 
ginal stipendium,  however,  waa  not  s  ngolsr 
payment  for  services  (jufftii),  but  aa  iodeBUuly  i 
for  the  expenses  of  the  soldiers  duriig  a  caio- 
paiga ;  it  is  described  by  the  exprnwou  Ifita 
(Diodor.  iv.  18),  aeruinim  (Lydas,  d)  3laf- 
i.  45),  Afiwmr/i^i  (Dionys.  T.  47);  bat  that  it 
left  WMD*  margin  over  as  a  reward  for  serrict  | 
aeema  shown  by  the  words  of  Livy  (t.  4,  "aiW  ■ 
gaadet  nunc  fructni  aibi  rempabiieaai  ose"). 
as  in  the  time  of  Polybius,  when  the  stipeodian  I 
waa  still  regarded  as  an  if«r<*r,  the  daily  psf- 
ment  certainly  eiceedsd  the  oost  sf  the  pre- 
visions supplied  (Polyb.  vL  3>>    The  paymeaU 


STIPENDIUM 

wm  made  either  half-yearly  (Dionya.  ix.  59 ; 
XT.  17,  xp^t*""'^  *^f  itftufttuTfj^p  l|  ftifvcvr)  or 
yearly  (Diodor.  xir.  16),  according  as  the  cam- 
paign lasted  under  or  orer  six  months.  Hence 
the  transference  of  stipendinm  from  its  meaning 
of  "pay"  to  that  of  "length  of  service  or 
campaign.'*  The  year  of  war  service  began  on 
March  1st,  the  old  official  New  Year's  day,  and 
the  six-months'  service  (s^mesirv  stipendium) 
ended  with  the  close  of  August  (Mommsen, 
Becftttfrage  Mwitchsn  Castor  vmd  dem  SnuU^ 
p.  15  $q.).  Before  the  creation  of  the  standing 
army  for  the  purpose  of  provincial  control,  a 
period  of  service  over  six  months  was  unusual ; 
bat  eventually  military  duties  extended  over 
the  whole  year,  a  period  of  service  over  six 
months  or  two  periods  of  six  months  being 
regarded  as  an  ajHtMfm  ttipencUum  (Lex  Julia 
Munic.  C,  /.  L.  l,n.  206, 1.  92,  '«quae  stioendia 
majorem  partem  sui  quoj  usque  anni  Mcerit, 
ant  btna  semestria,  quae  ei  pro  sii^leis  annueb 
prooedere  oporteat ").  The  usual  mode  of  pay- 
ment before  the  time  of  the  dictator  Caesar  was 
probably  half-yearly;  during  the  Empire,  as 
will  be  seen  in  discussing  the  reforms  in  the 
rate  of  payment,  the  troops  were  paid  every 
four  months. 

The  effect  of  the  regular  stipendium  was 
that  the  cost  of  the  provisions  given  to  the 
Roman  soldiers  was  subtraoted  from  their  pay 
by  the  quaestor ;  while  the  toci'i^  who  were  not 
paid  by  the  state,  had  such  advances  made  to 
them  free  of  charge  (Polyb.  vi.  39).  The  allow- 
ance for  the  allies  in  Polybius'  time  was,  for 
the  infantry  ]  medimnus  of  wheat  a  month,  for 
the  cavalry  IJ  medimni  of  wheat  a  month  and 
five  of  barley.  The  allowance  for  the  infantry 
soldier  of  Bome  was  the  same  as  that  for  the 
infantry  soldier  of  the  allied  states,  but  the 
Roman  equitea  received  two  medimni  of  wheat  a 
month  and  seven  of  barley.  The  expenses  for 
fresh  supplies  of  uniform  and  arms  were  de- 
ducted, like  the  cost  of  provisions,  from  the 
Roman  soldier's  pay  (Polyb.  /.  c),  and  this  was 
still  the  case  in  the  early  Empire.  We  find, 
indeed,  that  C.  Gracchus  passed  a  law  which 
gave  to  the  soldiers  their  uiUforms  free  of  charge 
(Pint.  C,  Gracch,  5);  but  even  if  this  law  was 
passed,  it  could  not  have  been  permanent,  since 
we  find  from  the  complaints  of  the  legionaries 
in  the  reign  of  Tiberius  that  the  cost  of  uniforms, 
weapons,  and  tents  was  taken  from  their  pay 
(Tkc  Atm,  i.  17).  It  is  conjectured  from  two 
passages  in  Suetonius  (Jul.  26  and  68)  that  in  the 
later  Republic  com  was  sometimes  supplied  by 
the  state  free  of  charge  to  the  troops,  and  this 
certainly  seems  to  be  the  case  in  the  earlier 
Empire,  since,  on  the  meeting  of  the  legions  in 
the  reign  of  Tiberius,  they  count  among  their 
grievances  the  fact  that  the  expenditure  for 
arms  and  uniforms  was  deducted  from  their  pay, 
but  do  not  mention  the  frumetUum,  which,  if  it 
had  not  been  supplied  gratis,  would  have  been 
quite  the  largest  item  deducted  (Tac.  Ann,  i.  17). 
The  praetorian  cohorts  were  first  supplied  with 
free  com  in  Nero's  reign  (Tao.  Atm.  xv.  72; 
duet.  Jfer.  10),  and  during  the  later  Empire  it 
is  known  to  have  been  supplied  free  of  charge 
to  the  whole  army  (Lamprid.  Alex.  8n.  52). 
The  same  was  eventually  the  case  with  arms 
and  tmifona,  and  under  the  later  Caesars  the 
legionary's  pay  was  nnbnrdenad  by  any  military 


STIPEKPIUM 


715 


expenses  (Dig.  49,  16,  14,  1;  Lamprid.  /.  c. 
**  non  contra  eum — ^Alexandrum— qui  annonam, 
qui  vestem,  qui  stipendia  vobis  attribuit "). 

As  regards  the  rate  of  payment,  there  is  no 
evidence  to  show  that  there  was  a  fixed  rate 
when  the  stipendium  was  first  introduced.  We 
first  hear  of  regular  proportions  of  pay  in  the 
time  of  Polybius,  who  tells  us  that  the  legion- 
aries received  two  obols,  the-  centurions  four 
obols,  and  the  equites  a  drachma  a  day  (Polyb. 
vi.  39,  12).  The  drachma  is  equivalent  to  the 
denarius,  which  was  originally  worth  ten  asses ; 
the    foot-soldier    received    two    obols,   that  is 

i  denarius,  or  3}  asses  a  day,  which  Plautus, 
saving  out  the  fraction,  calls  tret  nununi 
(Plant.  MosteU.  ii  1, 10).  For  the  year  of  360 
days  this  makes  for  the  oiinuiifii  Hipendium  of 
the  foot^oldier,  1200  asses  (360  X  3));  of  the 
centurion,  who  received  double  this  amount, 
2400  asses ;  of  the  eques,  who  received  a  full 
denarius,  3600  asses.  In  B.C.  217  the  new 
uncial  measurement  was  introduced,  and  the 
denarius  is  from  this  time  forth  worth  sixteen 
instead  of  ten  asses.  Pliny,  in  his  aoooant  of 
this  lowering  of  the  copper  standard,  saya,  **  In 
militari  tamen  stipendio  semper  denarius  pro 
deoem  assibus  datus  "  {H,  N.  xxxiiL  §  45) :  tnat 
is,  where  ten  asses  (the  old  denarius)  had  been 
given  before,  the  new  denarius  (sixteen  asses) 
was  given  now,  and  *'the  soldiers  received  m 
silver  as  mach  pay  as  before  "  (Boeckh,  Meirol, 
Uniers.  p.  425).  The  pay,  therefore,  was  still 
120  denarii  a  year,  but  tiiis,  instead  of  being 
1200  asses  a  year  (120  X  10)^  was  1920  asses  a 
year  (120  x  16),  or  5}  asses  a  day  instead  of 
3|  asses,  the  former  rate  of  payment.  Till  the 
time  of  Caesar  the  daily  pay  of  the  legionaries 
was  5}  asses ;  Caesar  is  said  by  Suetonius  to 
have  doubled  the  pay  (Suet./u/.  26,  ^legionibus 
stipendium  in  perpetuum  duplicavit ").  If  this 
were  strictly  true,  the  pay  should  have  been 
raised  to  lOf  asses,  but  we  find  from  Tacitus 
that  it  was  only  raised  to  ten  asses  (Tac.  Ann, 
i.  17,  "  denis  in  diem  assibus  animam  et  corpus 
aestimari  ")i  The  true  nature  of  Caesar's 
reform  is  explained  by  Marquardt  by  reference 
to  a  passage  in  Suetonius,  who  tells  us  that 
Domitian  ''addidit  et  quartum  stipendium  mlliti 
aureos  temos."  A  stipendium  is  here  said  to 
be  three  anrei;  the  aureus  was  twenty-five 
denarii,  and  three  aurei  would  be  seventy-five 
denarii  or  1200  asses  (75  x  16).  This  shows 
that -1200  aases  were  still  counted  a  stipendium 
in  the  new  coinage  as  it  had  been  in  the  old ; 
and  since  Domitian  is  said  t6  have  added  a 
fomih  stipendium,  Caesar's  reform  consisted  in 
giving  the  soldiers  three  stipendia,  reckoned  as 
a  stipendium  had  been  in  the  old  coinage  (1200 
asses)  instead  of  one  stipendium  reckoned  as  it 
had  been  in  the  new  coinage  (1920  asses).  The 
soldiers  now,  instead  of  1920  asses  a  year, 
received  3600  asses  a  year  (1200  x  3) ;  that  is, 
as  Tacitus  says,  ten  asses  a  day ;  or,  reckoning 
the  stipendium  in  denarii,  the  soldiers  from  the 
time  of  Caesar,  instead  of  receiving  120  new 
denarii  (1920  asses)  a  year,  received  225  new 
denarii  (3600  asses).  Domitian  increased  the 
pay  by  three  aurei,  that  is  seventy-five  denarii, 
so  that  after  Domitian  their  pay  would  have 
been  300  new  denarii  a  year  (225  +  75)  (Mar- 
quardt, StaaUverw,  v.  p.  93).  That  Caesar,  in 
raising  the  pay  to  three  atipendia  a  year,  had 


716 


HTIPENDIUM 


STOLA 


made  the  payments  erery  four  months,  and  that 
Domitian,  although  he  added  a  fourth  stipen- 
dium,  still  retained  this  mode  of  payment,  is 
shown  by  the  passage  of  Zonaras  in  which  he 
speaks  of  Domitian's  increase  of  the  pay :  koL 
ToTs  ffrpceri^us  iinii^fitr§  r^v  fuir$o<ffopdif  * 
ir^rrc  yhp  icai  ifiiofiiiianrra  8paxM^  iKatrrov 
XafifidyovToSi  iKorhif  iK4\tv<rt  BlioffBai  (Zonar. 
xi.  29):  that  is,  as  Caesar  had  divided  the 
whole  year's  pay  of  225  denarii  into  three 
stipendia  of  sercnty-fire  denarii  each,  so  Do- 
mitian divided  the  increased  year's  pay  of  300 
denarii  into  three  stipendia  of  100  denarii 
each.  What  the  amount  of  the  stipendium  was 
in  the  time  of  the  old  libral  as  is  unknown ; 
but  it  has  been  conjectured  that  it  was  240 
of  these  libral  asses,  which  wonld  be  about 
equivalent  to  1200  of  the  later  asses,  at  their 
Talue  before  the  year  B.a  217;  five  of  these 
asses  sextantarii  being,  according  to  Boeckh, 
equivalent  to  one  libral  as  (Boeckh,  Metrolog, 
Unters,  p.  458 ;  Mommsen,  Die  rdmische  3W&i», 
p.  43).  We  find  in  Gaius  the  mention  of  an  old 
custom  permitting  the  Roman  soldier,  in  case  of 
his  not  receiving  the  stipendium  due  to  him,  to 
distrain  on  the  goods  of  the  officer  whose  dnty 
it  was  to  administer  the  pay  (Gains,  iv.  26). 

Qnder  the  Empire  the  Roman  forces  were 
divided  into  four  parts — the  legionaries,  the 
home  troops  (consisting  of  the  urban  and  prae- 
torian cohorts),  the  auxilia,  and  the  fleet.  Of  the 
strength  and  rate  of  payment  of  these  last  two 
branches  of  the  force  we  know  nothing.  That 
the  soldiers  of  the  praetorian  cohorts  received 
two  full  denarii — that  is,  thirty-two  asses  a  day 
— is  implied  in  the  passage  of  Tacitus  {Ann, 
i.  17 ;  cf.  26),  where  the  legionaries  claim  a  full 
denarius  or  sixteen  asses  a  day,  alleging  that 
the  praetorians  received  6ini  denarii^  although  it 
is  elsewhere  stated  that  they  received  double 
pay  (Dio  Cass.  liii.  11,  5),  which,  as  the  legion- 
aries received  ten  asses  a  day,  would  be  twenty 
and  not  thirty-two  aises ;  and  it  is  possible  that 
this  latter  statement  is  strictly  tfue,  and  that 
Tacitus  makes  the  legionaries  purposely  ex- 
aggerate the  rate  of  pay  of  the  praetorian. 
The  gross  annual  amount  expended  on  the 
legionaries '  and  the  home  troops  in  the  reign 
of  Tiberius  is  estimated  by  Marquardt  at 
186,840,000  sesterces  {Staatsverw,  v.  p.  94),  so 
far  as  the  common  soldiers  are  concerned:  for 
the  pay  of  the  higher  officers  in  the  period  of  the 
early  Empire  is  not  known ;  that  of  a  tribune 
seems  to  have  been  high  (Juv.  iii.  133),  and  we 
find  in  the  third  century  that  it  was  as  much 
as  250  aurei  or  25,000  sesterces  (Mommsen  in 
the  Berkhte  der  Kaiserl.  Oesellschaft  der  Wissen- 
schaften,  1852,  p.  240).  Th^  historians  of  the 
later  Empire  furnish  us  with  instances  of  very 
large  annual  grants  furnished  by  the  emperors, 
both  in  money  and  in  kind,  to  tribunes  of  the 
legion  (Trebeli.  Poll.  Chud,  14,  where  the  grant 
is  called  scUarium  ex  nostra  prioato  aeroario: 
cf.  Vopisc.  Pro6.  4) ;  but  these  were  rather  in 
the  nature  of  private  grants  made  to  distin- 
gnished  officers,  such  as  Aurelian  the  future 
emperor,  to  enable  them  to  maintain  more  state 
than  their  ordinary  pay  permitted  (Vopisc 
Aurel  9). 

(Marquardt,  StaaisvenDoliungj  v.  p.  90  sq. ; 
Boeckh,  Metrologisc/ie  Untertuchvngen^  p.  423  sq. ; 
Durean    de    la  Malle^  ^otmomie  poluiqve  des 


MomainSj  i.  p.  134  9q, ;  Mommsen,  Die  rfimiscke 
Tribus,  p.  31  sq.)  [A,  H.  G.] 

STIPULA'TIO.  [OBUGATiOHia,  p.  256.] 
8T0LA.  The  stola  was  a  garment  peculiar 
to  the  Roman  matron,  and  was  worn  as  a  badge 
of  lawful  marriage  (cf.  Val.  Max.  vi  1;  Hon 
Sai.  i.  2,  94).  It  was  a  tunioa  put  on  over  the 
shift  or  tunica  intorior,  and  reached  down  to  the 
ankles.  There  is  reason  to  believe  that  it  was 
identical  with  the  tunica  recta  or  regHh,  which 
the  bride  wore  at  the  marriage  ceremony  (cf. 
Becker-GOll,  Oallus,  ii.  27).  It  was  bordend 
below  with  a  flounce  or  hem  called  instita  (Hor. 
Sat.  i.  2,  29)^  and  seems  from  certain  monuments 
to  have  also  had  a  purple  stripe  as  a  border 
round  the  neck.  This  has  been  identified  with 
the  patagiuaij  perhaps  correctly,  thongh  the 
passages  in  which  it  is  mentioned  speak  of  the 
patagium  as  being  of  gold  (Nonius,  p.  540,  4 ; 
Tert.  de  PalUo^  3 ;  Tooa),  not  purple.  It  had 
sleeves,  reaching  down  to  the  elbows,  fastened 
with  a  row  of  clasps,  and  not  sewn.  If,  however, 
the  tunica  interior  had 
sleeves,  the  stola  was  with- 
out them,  as  in  the  well* 
known  statue  of  Livia, 
shown  in  the  accompanying 
cut. 

like  the  corresponding 
Greek  garment,  the  stola 
was  girded  (cf.  Ennius,  ap. 
Non.  p.  198,  **et  quis 
illaec  est  lugubri  succincta 
stola ;"  though  this  is  not 
conclusive)  as  is  shown  be- 
low) generally  high  above 
the  waist,  forming  m  clus- 
ter of  folds  (cf.  Martial,  iii. 
93, 4).  This,  too,  is  shown 
by  the  monuments  on  which 
it  appears.  The  word 
stofa,  as  derived  from  the 
Greek  oroX^,  had  originally  a  quite  gsMral 
meaning  (Nonius,  p.  537,  24:  •<  Stolam  veterei 
non  honestam  vestem  solnm  sed  etiam  omncn 
quae  corpus  tegeret  '*),  and  in  Ennins  it  is  oted 
of  men*s  as  wei]  as  women's  clothes  (Frag.  td. 
Ribbeck,  w.  285,  287,  345).  There  is  no  record 
of  the  date  at  which  it  was  adopted  hj  the 
Roman  women,  but  one  cannot  bs  wrong  in 
connecting  the  change  with  the  traasformstioii 
which  the  Palla  had  undergone.  That  is  to 
say,  when  the  palla,  which  was  originally  worn 
like  the  Doric  shift,  was  used  as  a  shawl  or 
mantle,  another  undergarment  besides  the  tonics 
interior  became  necessary,  and  that  adopted  hj 
the  matrons  was  the  stola.  The  disuse  of  the 
Tooa,  which  was  in  the  earliest  times  worn  hr 
women  as  well  as  men,  is  probably  not  nnoen- 
nected  with  this  change.  However  this  msy  he, 
the  longa  vesti^  is  mentioned  as  early  **^^ 
Second  Punic  War  as  the  privilege  of  married 
women  (Macrob.  Saturn,  i.  6,  13;  cUCL'*- 
i.  1194,  »*ite  leiberUte  illei  me,  hie  me  decor- 
a[r]at  stola  ").  It  remained  in  use  as  the  garb 
of  the  matronae  (Cic.  PhU.  ii.  18,  44 ;— Varro, 
L.  L.  8,  28;  9,  48;  10,  27)  nntil  the  time  «f 
Tiberius,  when  it  ceased  to  be  fashionaUs.  Be- 
ferences  to  it  in  literature  are,  however,  nose 
the  less  frequent  in  post-Angustan  writsri 
(Mart.  i.  35,  8,  Ac),  and  in  Ulpian  it  is  one  of 
the  mulieMa  vestimenta:  **  qnaa  matris  famihsf 


SutneofLiTU. 


8TBATEGU8 

caasa  lunt  comparata"  (Dig.  34,  2,   23,   2). 
Under  the  £mpire,  as  iU  use  in  actnal  life  be- 
came leu  oommon,  it  was  apparently  given  a 
symbolic   meaning,  and  bestowed  on  matrons 
vrho  had  the  jus  Uberomm.    Sach  at  least  is  the 
most  probable  explanation  of  the  title  Mtolaia 
/ewiinOf  which  occurs  as  a  name  of  honour  on 
inscriptions,  chiefly  of  the  2nd  and  3rd  centuries 
A.D.  (Orelli-Henzen,  3030,  7190,  note  2 ;  C  /.  L. 
iii.    5225,   5283,  6155,    p.   998:    cf.    Hubner, 
Ilcrmetj  1878,  xiii.  p.  425  S0g.,  and  Comm.  phU, 
in  Aon.  IT^ea.  Mommseniif  p.  104  ss^.).    Such  a 
atola  was  doubtless  distinguished  in  some  way 
from  that  in  ordinary  use.    (Marquardt,  Priwst- 
Ubenj  pp.  60, 573-575, 581 ;  Iwan  Miiller,  Hand' 
byehj  pp.  803,  876-77  ;   Becker-GoU,  QaUus^  ii. 
27,  iii.  253 ;  Banmeister,  DenkmSieTy  art.  Toga^ 
p.  1841.)  [W.  C.  F.  A.] 

8TRATE'GUS  {Trparyy^s)  was  the  title 
applied  to  the  chief  military  commanders  in 
most  of  the  constitutional  goyemments  of 
Oreece;  as  a  rule  they  had  the  direction  of 
foreign  affairs  as  well  as  the  leadership  in  war : 
and,  as  the  control  of  external  relations  was  the 
most  important  part  of  administration  in  a 
Greek  state,  the  arpaeniyia  was  practically  the 
chief  magistracy  in  the  communities  in  which 
it  is  foand. 

Strategi  were  set  up  in  the  Ionian  states  of 
Asia  Minor  after  the  despotisms  had  been  over- 
thrown in  504  B.C.  (Herod.  ▼.  38) ;  at  Argos  we 
find  ol  ir4rr§  arpwnryol  who  commanded  the 
^xe  Argire  lochi  (Thuc.  t.  59,  72):  similar 
mag^rates  are .  also  met  with  at  Syracuse 
(Thuc.  vi.  72),  in  later  times  in  Boeotia  (Keil, 
Jhscrip.  Boeot,  p.  114),  and  in  Amorgus  (Gilbert, 
Staatsalt.  ii.  p.  209).  They  are  also  found 
frequently  at  the  hetA  of  leagues;  after  the 
founding  of  Megalopolis  we  find  a  orpwnryhs  at 
the  head  of  rh  icoiphv  'Apitdl^p  (Xen.  HelL  vii. 
3,  1),  and  in  the  third  century  trrpanryol  at  the 
head  of  the  leowhp  r&p'AKopvdtwp  (Polyb.  t.  6; 
lir.  xxxtL  11)  and  the  KOtphy  rw  'AwtipctrAif 
(Dittenberger,  n.  211).  They  were  also  the  chief 
military  officers  of  the  Achaean  and  Aetolian 
leagues  [AOHAICUM  and  Aetolicux  Foedub]; 
and  after  the  reconstruction  of  the  Thessalian 
alliance  in  196  B.O.,  a  strategns  appointed  yearly 
is  found  at  the  head  of  this  confederacy  [TaousJ. 
In  Egypt,  under  the  Ptolemies  and  under  Roman 
rule,  the  orpanryol  were  the  governors  of  the 
nemes ;  over  these  were  the  Ururrpdfniyot,  the 
governors  of  the  three  great  districts  of  the 
Delta,  HeptanomiB,  and  Thebais:  both  these 
classes  of  officers  being  under  the  authority  of 
the  Praefectus  Aegypti  (Kuhn,  Verfaawng  des 
r9tm$Gkm  Seichs^  pp.  481-493). 

The  arpanryia  at  Athens,  according  to  the 
tmanimous  verdict  of  ancient  writers,  was  the 
highest  political  office  in  the  state.  Its  im- 
portance was  due  to  the  great  extent  of  the 
duties  of  administration  which  it  involved,  and 
to  the  speciiA  power  of  initiative  in  legislation 
with  which  its  holder  was  invested ;  while  the 
centinuity  in  the  office,  due  to  the  possibility  of 
indefinite  re-election,  rendered  possible  a  a)n- 
tiauity  of  policy  on  the  part  of  its  holder.  That 
this  power  of  permanent  administration  was 
actually  realised  in  the  history  of  Athens,  there 
can  be  no  doubt;  whether  it  was  definitely 
contemplated  in  the  theory  of  the  constitution 
will  depend  on  the  view  that  is  taken  as  to  the 


STBATKGUS 


717 


mode  in  which  the  functions  of  this  office  were 
distributed ;  but  in  any  case  it  may  be  asserted 
that  in  the  arpeenrfia  we  have  the  central  point 
of  Athenian  administration,  and  any  opinion  as 
to  the  position  of  the  strategus  must  inevitably 
affect  our  views  as  to  the  whole  system  of 
executive  government  at  Athens.  The  strategi 
formed  a  college  of  ten,  based  on  the  ten  tribes 
of  theCleisthenean  constitution :  and  the  number 
seems  to  have  continued  unaltered,  as  long  as 
the  collegiate  principle  was  observed;  it  was 
not  until  a  late  period,  falling  between  the  years 
52  and  42  B.O.,  that  the  college  of  generals  wss 
replaced,  probably  through  an  act  of  the  dictator 
Caesar's,  by  a  single  magistrate  bearing  the  title 
6  <rrpeerffy6sf  6  erpani^s  iw\  rk  iw\a  or  iw\  rohs 
^Airor  (C.  /.  A.  ii.  n.  481,  iii.  n.  248;  Gilbei-t, 
Staaisait  i.  156,  n.  3). 

Amongst  the  powers  of  the  strategi,  the  most 
distinctive  was  that  of  summoning  the  assembly. 
The  debate  in  the  assemblies  thus  specially 
convened  ((r^TicXifroi) seems  to  have  been  limited 
strictly  to  the  proposal  put  before  them  by  the 
general ;  and  such  assemblies  took  precedence  of 
all  other  meetings  of  the  4iacKfi<rta  (C  /.  A.  i. 
40, 1.  57,  &XXo  9h  wpoyfn^fAoriffu  roirwp  fi-fl^df 
iiip  ft^Ti  ol  ffrp9fnrtoihitnrrojC) ;  yet  it  seems 
that  in  convening  them  the  generals  could  not 
omit  the  formality  of  consulting  the  wfyvr^tis, 
and  that  their  motions,  though  standing  first  on 
the  orders  of  the  day,  could  only  be  introduced 
through  the  regular  standing  committee  of  the 
/3ovX^  (Thuc  iv.  118,  iKkXJiaieof  9h  woi^o-orrar 
rovr  OTpaniyobs  ical  robs  wpvr^cir,  icrA.).  An 
important  power,  which  resulted  from  this  right 
of  convening  the  assembly  on  matters  of  foreign 
administration,  would  have  been  the  setting 
forth  of  the  estimates  of  the  military  budget 
for  the  year,  together  with  proposals  for  raising 
the  requisite  supplies.  Foreign  administration 
and  finance  must  necessarily  have  gone  closely 
together  during  the  greater  part  of  the  history 
of  Athens,  and  have  been  united  in  the  same 
person ;  but  the  power  of  the  generals  was  not 
limited  to  initiating  measures  for  such  grants ; 
they  had  the.  control  of  the  details  of  expenditure : 
the  moneys  voted  from  the  treasuries  of  Athens 
for  military  purposes  were  placed  in  their  hands 
((7.  /.  A»  n.  273X  and  there  were  other  extra- 
ordinary sources  of  revenue,  such  as  those  from 
booty  (Lys.  c.  Ergoct,  §  5)^  from  the  payments 
made  by  merchant-ships  convoyed  in  time  of 
war  (wfl^  rStv  wmtttK^pttv  koI  iftM6fMtyf  Id.  de  Bon. 
Aridof^  §  50)  and  from  fines  imposed  at  their 
own  discretion,  over  which  they  would  probably 
have  had  entire  control.  As  minister  of  finance 
for  foreign  affairs,  it  was  the  strategns  who 
nominated  to  the  trierarchy,  in  the  4th  and 
probably  in  the  5th  century  TDem.  adv.  Boeot. 
p.  997,  §  8),  and  who  had  the  tu^fiopia  8(ica0Ti)- 
piov  in  suits  arising  from  it  (Suid.  s.  v.  itY^/i. 
SueaoT.),  as  well  as  a  similar  presidency  in  the 
court  constituted  for  the  settlement  of  disputes 
arising  from  the  tUr^opd  (Suid.  /.  c).  Amongst 
the  special  military  duties  that  devolved  on  the 
strategi  at  home  were  the  distribution  and 
command  of  the  home  forces,  including  the 
wcf>fwoAo<,  and  the  control  of  the  home  defences 
(^Attcol  Korii  yiiP  xol  icark  BdXMraaPf  Thuc.  ii. 
24) ;  duties  which,  after  different  functions  were 
distributed  amongst  different  members  of  the 
college,  devolved  on  the  general  who  bore  the 


718 


BTBATEQU8 


title  tfrpcmrr^f  M  •nyf  x<^  (PlJiiL  Pkoe.  32> 
In  the  case  of  certain  levies  the  generals  exerdsed 
the  right  of  personal  selecUon  (Philostr.  VU, 
iSbgaA.  i.  23,  1;  Lys.  c.  Alcib.  i.  $  6;  Qilbert, 
Siaaiaalt.  p.  303,  n.  1).  They  also  had  juris- 
diction in  militaxy  matters ;  the  appeals  ^^ainst 
the  lerj  were  made  to  them  (Lys.  de  Mil.  §  4), 
and  they  had  the  iiytftM^la  Zummiplov  in  the 
case  of  the  military  charges  known  as  the  Tpo^ 
iiaToeerttaSj  Knnra^fov  and  SeiAiof  (Lys.  c. 
AUA.  i.  {  21),  which  they  either  undertook  in 
person  or  remitted  to  the  nt^ia^oi  (Denu  odb. 
^oeot.  p.  990,  §  17).  Besides  this  jarisdicUon 
at  home,  the  general  seems  to  have  had  the 
power  to  pnnishjwith  death  the  most  serioos 
offences,  such  as  treasonable  negotiations  with 
the  enemy,  and  to  confer  military  hononrs  for 
bravery  in  the  field  (Lys.  c  Aldb,  i  §  22 ;  Pint. 
Akib.  7) ;  while  the  public  funeral  for  dtixens 
who  had  fallen  in  battle  (9i|/A^ier  rd^r)  was 
proposed  by  him  (Aristoph.  ^oss^  395  s^.).  The 
initiative  in  cases  of  treason  seems  also  to  have 
been  amongst  his  duties  ([Pint.]  Vit.  Antiph. 
23);  and  one  of  his  chief  rssponslbiUties  was 
the  corn-supply  of  Athens  (r^  vuptgrofififp  rod 
trirou,  Boeckh,  8ee%ark,  ziii.  p.  423 ;  cf.  C.  /.  A, 
ii.  n.  331).  The  duties  of  the  mnerals  as  regards 
foreign  administration  must  uve  involred  the 
introduction  of  most  of  such  business  to  the 
assembly ;  questions  arising  irom  treaties  or  the 
details  of  foreign  policy  miut  have  been  usually 
brought  forwu^  by  them ;  while  we  find  that 
they  were  responsible  for  the  execution  of  a 
treaty,  saw  that  the  oath  was  taken,  an4  that 
the  proper  sacrifices  were  offered  on  the  occiuion 
(C.  /.  A,  Suppl.  vol.  i.  p.  10, 11. 67  and  19).  The 
existence  of  the  Athenian  Empire  also  added 
to  the  sphere  of  the  general's  powers;  they 
must  have  been  the  oommanders-in-chief  of  the 
^poupopx^^  and  the  ^tpovpaiy  which  we  find  in 
the  subject  states,  as  in  £rythrae  (C.  I.  A.  i.  9)^ 
They  saw  to  the  exaction  of  the  tribute  when  it 
was  in  arrears,  by  commanding  the  iuiyvpok6yoi 
yqcf  (C.  /.  A.  iii.  19);  and  probably  had  the 
levying  of  contingents  from  the  allies  in  ships 
and  men  (Droysen,  Hermes,  ix.  p.  12). 

It  will  be  seen  from  this  enumeration  of  their 
functions  that  the  generals  at  Athens  were  at 
once  leaders  in  war,  minbters  of  war,  foreign 
ministers,  and  to  a  g^eat  extent  ministers  ot 
finance.  It  is  difficult  to  see  how  such  powers 
could  have  been  exercised  collectively  by  a 
college.  Distributed  they  must  have  been,  even 
in  the  5th  century  B.O.,  where  we  as  yet  meet 
no  trace  of  the  subsequent  difierentiation  of 
functions ;  but  it  is  not  easy  to  say  how  this 
distribution  was  effected,  whether  by  agreement 
amongst  the  members  of  the  college,  or  by  lot, 
of  the  use  of  which  some  traces  are  found  (Thuc. 
vi.  42,  62 ;  viii.  30),  or  finally  by  the  presidency 
of  [one  of  the  members  of  the  college  who  as- 
signed the  duties  of  the  others.  It  is  not  until 
the  close  of  the  4th  century,  about  the  year  325 
B.C.,  that  we  find  the  practice  arising  of  assigning 
different  spheres  of  action  to  the  generus  on 
election.  As  late  as  the  year  306-^05  B.a  we 
find  several  generals  elected  for  the  performance 
of  the  same  function  (erpeeniyoi  ol  iw\  rV  toS 
voKifaov  tropa<rjrcv^9  Krx^ipvrornfihfot,  C.  I.  A» 
ii.  n.  2733);  but  as  early  as  349  B.a  a  mention 
is  traced  of  a  general  with  a  special  competence, 
the  supervision  of  the  nhr^opi  (Dem.  Olynih,  ii. 


STBATEGUS 

p.  26,  §  29 ;  Gilbert,  BeiMtge^  pp.  35-97%  and 
at  a  later  period  we  find  the  functioBS  assigned 
to  the  several  generals  distinctly  expreaacd  in 
the  titles  borne  bv  each.  Such  titles  are  {b 
arparnyhf)  6  iwl  rtir  Hevpvxfup  jcol  rh  rsiftpig  - 
6  hrX  ri»  De ipuS  •  6  hrX  i^  X^pea^ '  ^  ^X  r^ 
X^par  r^r«apaA.(ar  •  6  M  'E^«u9'cP0f  *  6  M  rkt 
evftfiopfas*  6  iwl  T^r  wapamnvkp  •  6  M  rein 
l^yovr  *  dMrh  vauruciw *  6  M  rk 8«-Aa or 4 iwl 
robf  foXirof,  this  last  title  being  borne  by  the 
general  who  stood  at  the  head  of  the  college 
and  was  elected  to  the  first  place  by  the  people 
(Xtyrowitfclf  iwl  rk  9w?ia  wp&res  ^ih  rov  9iffaMfj 
C.  L  A,  ii.  331 ;  Gilbert,  SUtaUaU.  u  pp.  221, 
222). 

Tlie  only  known  insignia  of  the  general  were 
the  chlamys  or  militwy  cloak  (Ael.  V.  H,  zir. 
10;  Pint.  Qmnt.  Qmtiv,  i.  4,  2)  and  the 
ffrifainn  which  was  worn  by  all  Athenian 
magistrates.  They  had  specially  reserved  seata 
in  &e  theatre  (Theophr.  Char,  21),  and  conducted 
the  military  processions  at  the  Panathenae* 
(Dem.  PhiL  i.  p.  47,  §  26).  Their  place  of 
business  was  the  9rp€cniyu»  (Pint.  Hie  5,  15  ; 
Per.  37 ;   Phoc,  8),  where  they  dined  at  the 

Sttblic  cost  (Dem.  de  fais.  Leg,  p.  490,  §  190). 
pedal  honours  were  sometimes  confenvd  on 
sucoessftil  generals,  which  took  the  form  of 
sUtues  ([Andoc]  c.  Aldh,  §  31),  of  pnblie 
dinners  in  the  Prytaneum  (Aristoph.  Eq.  709), 
or  q{  wpoe9pta  (t&.  575,  702).  There  is  aomo 
evidence  that  the  generals  received  payment  on 
foreign  service,  aid  it  has  been  concluded  from 
a  passage  in  Aristophanes  (Aeham,  602)  that 
the  rate  was  three  drachmae  a  day,  which 
was  perhaps  given  as  a  vtnipiffu^  rather  than 
as  a  fAur06s. 

Then  are  some  difficulties  connected  with  the 
date  at  which  the  generals  were  elected ;  but 
there  is  almost  a  consensus  of  opinion  tn  hrour 
of  the  view  that  during  the  greater  part  of  the 
5th  century  and  onwards  they  were  elected 
towards  the  close  of  Munyehion,  at  the  beginning 
of  the  ninth  prytany,  and  entered  office  on  the 
first  of  Hecatombaeon,  the  beginning  of  the 
Attic  year  (Gilbert,  BeUrUge,  p.  7;  Belocb, 
AUieeke  Politik  eeit  Pendee^  pp.  271-273; 
Droysen,  JHermee,  ix.  p.  16  ff. ;  K.  F.  Hermann, 
Oriech.  Staatealt  §  148,  71.  They  would  thus 
have  been  elected  in  April  or  May,  and  entered 
office  in  July,  the  interval  between  the  two  mtU 
being  employed  no  doubt  for  the  purpose  of  the 
9oKtfmritu  But  in  time  of  war  a  general's 
conunand  might  be  prolonged  beyond  hia  term 
of  office,  even  though  he  were  not  re-elected  ; 
thus  Laches,  who  was  oTponfybs  during  427- 
426,  was  first  replaced  by  Pythodorus,  wre/onfykf 
for  426-425  in  the  winter  of  that  year  (Thuc  iii. 
86, 115 ;  Gilbert,  L  c.  p.  14).  The  generala  gave 
in  their  names  before  the  nine  archons  (Poll.  riii. 
87),  and  the  elections  were  conducted  by  them 
on  the  Pnyx  (Hesych.  j.  v.  IIf^:  dection 
seems  to  have  been  preceded  by  canvassing  (Plat. 
Phoe,  8),  and  was,  in  the  4th  century,  not 
unfrequenUy  tainted  by  bribery.  The  generals 
took  an  oath  on  comine  into  office,  a  special 
clause  in  which  was  ro9s  ktrrparwWovs  koto- 
A/|cfy(Lys.  df  ifi/.§15).  Besides  the  ordinary 
qualifications  required  for  Athenian  mnglstntes, 
the  special  qualifications  required  for  the 
generals  wen  that  they  should  be  married  axid 
have  children,  and  possess  property  within  the 


STBATEGUtt 

bovDtb  of  Attica  (IHnarch.  tii  DetMsth.  $  71). 
There  was  apparently  no  qnaliHcation  of  age, 
but  the  arpmniyia  was  not  usually  held  before 
the  age  of  forty  (Gilbert,  L  c.  p.  25).  Reflection 
to  the  oiBoe  in  successive  years  was  frequent ; 
Pericles  was  general  for  fifteen  years  and  Phocion 
forty-fire  times  (Pint.  Per.  15;  Phoc.  8).  A 
general  might  be  deposed  from  office  in  the 
4th  century  at  the  ^ixc<poror^  held  at  the 
beginning  of  each  prytany,  and  at  the  close  of 
his  office  was  snbjeci  to  the  usual  audit  (sMiwoi), 
which  in  his  case  was  conducted  before  a  heliastic 
jury  under  guidance  of  the  thesmothetae  (PolL 
TiiL  88).  This  was  mainly  concerned  with  the 
account  of  the  moneys  which  had  passed  through 
his  hands;  it  was  probably  on  a  charge  of 
malTexaatton  of  funds  that  Pericles  was  con- 
▼icted  and  fined  (Thuc.  iL  65;  Pint.  Per.  23 
and  35),  but  a  special  Tpo^  icXovqff  might  be 
preferred  against  him,  either  at  the  Mwif  or 
alter  the  SanxftptToiUif  together  with  other 
charges,  such  as  the  ypnpii  wpoioffta$  or  Tpo^ 
ZApmif  [see  £OTHTKS ;  £pichk[botoiiia]. 

The  question  as  to  what  was  the  precise 
process  of  election  to  the  ffTpcmfyCa  is  at  once 
the  most  important  of  those  connected  with 
the  office  and  the  most  difficult  to  answer.  It 
is  equally  doubtful  who  the  electors  were,  and 
from  what  body  the  elected  were  chosen ;  and 
according  to  our  decision  on  these  points  must 
depend  to  a  large  extent  our  estimate  of  the 
position  of  the  crptmiy^s  in  the  state.  In  the 
early  period  of  Athenian  history  the  ten  generals 
bore  a  dose  relation  to  the  ten  tribes;  at 
Marathon  each  general  commanded  a  tribe 
(Plot.  AritL  5),  and  Plutarch's  language  in  this 
pnsMge  and  in  another,  where  he  describes  the 
emplojrment  of  Cimon  and  his  nine  ooHeagues  as 
judges  in  the  theatre,  tends  strongly  to  the 
Tiew  that  the  general  belonged  to  the  tribe 
which  he  commanded  (Pint.  Om,  8,  iar^  ^vK^s 
fuas  htaarowi  but  see  Gilbert,  Be^rSge^  p.  28, 
who  points  out  that  Miltiades,  who  belonged  to 
the  tribe  Oeneis,  probably  commanded  the 
Aeantis).  This  was,  howsTer,  certainly  not  the 
case  at  a  later  period :  Pollux  tells  us  that  the 
generals  were  chosen  out  of  all  the  citizens  (4^ 
oMdrrmw,  Poll.  Tiii.  86);  ssTeral  instances  are 
found  of  two  generals  in  the  same  year  belonging 
to  the  same  tribe;  and,  as  Gilbert  says,  <<lt 
would  haye  riolated  all  considerations  of  political 
expediency  if  the  Athenians,  through  the  con- 
dition that  a  general  must  be  taken  from  each 
tribe,  had  robbed  themselYes  of  the  possibility 
of  employing  two  gifted  and  experienced  men, 
because  they  happened  to  belong  to  the  same 
tribe"  (BeitrSge^  p.  24).  Yet  it  is  known  that 
at  the  close  of  the  5th  century  the  generals 
offered  themselves  as  representatives  of  special 
tribes  (Xen.  Mem,  iii.  4,  1) ;  and,  as  they  were 
chosen  out  of  all  Athenian  dtisens,  two  modes 
of  election  have  been  suggested :  either  that  the 
generals  were  elected  out  of  all  the  Athenian 
people  by  the  special  tribes  and  for  the  special 
tribes,  or  the  view  which  is  held  by  Droysen, 
that  they  were  elected  for  each  tribe  from  all 
the  Athenians  by  the  whole  people  (JSennes,  ix. 
p.  8).  The  first,  though  in  accordance  with 
modem  ideas  of  representation,  is  thought  to  be 
inconsistent  with  ancient  ideas  on  the  subject 
(Beloch,  /.  e,  p.  279),  while  the  second  is  con- 
trsry  to  all  the  analogies  of  tribal  election  in 


STBATEQUS 


719 


Athens  (Pastoret,  ffisMre  d$  la  Legielation,  vL 
p.  290).  A  modified  view  has  been  put  forward 
by  Beloch,  which,  while  it  gives  a  theory  of 
election,  contains  a  definite  suggestion  as  to  the 
distribution  of  powers  within  the  college.  He 
holds  that  the  college  consisted,  not  of  ten  equal 
members,  but  of  a  vp/drtofis  and  ewdftxoi'rtSf  on 
the  analogy  of  the  treasurers  of  Athens  and  of 
the  Hellenotamiae :  the  expression  6  telVa  aal 
irwm^omn  being  found  applied  to  the  CTfwnryia 
in  an  inscription  (arptmrrois  'IvwoKparc? 
XoXopTfi  Kol  ifvi^xowruf^  C,  I.  A.  n.  273). 
This  president,  he  considers,  was  elected  by  all 
and  out  of  all,  but  his  nine  colleagues  each  by 
his  own  tribe  and  from  his  own  tribe,  one  of  the 
ten  tribes  each  year  giving  up  its  right  to 
election.  Consequently  ^  in  nine  cases  out  of 
ten  a  general  must  have  belonged  to  a  phyle 
that  was  alreadv  represented,  or  conversely, 
when  two  generals  are  found  to  belong  to  the 
same  phyle,  one  of  them  must  be  the  prytanis  " 
(Beloch,  I,  c.  p.  287).  This  seems  confirmed  by 
the  £ict  that  between  the  years  4il~0  and  356-5 
there  are  nine  certain  instances  of  two  generals, 
but  no  certain  instance  of  more  than  two,  be- 
longing to  the  same  tribe  in  the  same  year 
(Beloch,  I.  c  p.  276 ;  Droysen,  ffermet,  ix.  pp. 
3  and  4) :  this  occurs  twice  when  Pericles,  once 
when  Inches  is  general,  and  one  of  the  names 
is  usually  of  sufficient  eminence  for  us  to 
consider  its  bearer  a  possible  president  of  the 
college.  The  Tpvraycfa  of  the  college  he  also 
thinks  to  be  signified  bv  the  expression  <rrpa- 
rny^s  Zdicaros  aMf,  which  is  twice  used  in 
reference  to  Pericles  (Thuc.  L  116;  ii.  13). 
Gilbert  had  thought  that  the  additions  vd/iirrot, 
r4rapros  tdnht  to  a  general's  name  signified 
some  superiority  of  power  possessed  by  that 
general  over  his  colleagues,  and  that  this  power 
is  the  same  as  that  expressed  in  the  words  trrpor 
Tugybs  ttbroKpdrmp:  thus  6  Zttwa  w4fiirres  abrhs 
would  mean  that  the  general  possessed  au- 
thority over  his  four  coUeagnes  who  went  on 
the  expedition  with  him ;  6  9ta^  UKteros  aibrhf 
would  signify,  not  necessarily  that  the  general's 
nine  colleagues  went  with  him  on  an  expedition, 
but  that  he  possessed  the  power  of  an  uhrwtpdrwp 
over  the  whole  college  (Gilbert,  Beitrdge,  p.  42 
9q.y,  It  is  certain  that  a  general  was  appointed 
ajbroitpdfrmpf  not  at  the  elections,  but  with 
reference  to  a  definite  service,  although  it  is 
possible  that,  in  the  face  of  a  pressing  danger, 
a  general  might  be  elected  with  autocratic 
powers  at  the  archaeresia  (Pint.  Ariat.  8, 
XeyevonfOcb  a^oK^Jermp).  Only  the  most 
general  instructions  were  given  to  such  a 
commander :  he  was  freed  from  the  necessity  of 
consulting  the  /SovA^  and  the  iKKkiiffia  on  the 
details  of  administration,  could  raise  supplies  at 
his  own  discretion  (Thuc.  vi.  26),  and  had 
perhaps  authority  over  his  other  colleagues; 
three  generals  were  so  appointed  for  the  Sicilian 
expedition  (Thuc  /.  c. :  ot  'A^tiycuoi  h^^varro 
ff666f  vbroicpdfrQpas  thai  mil  w§pl  orpwrias 
wKlfiovs  Kol  srspl  rov  vwrhs  irXov  rohs  orp»- 
rnyohf  wpdiffvtiy  f  hv  mrrois  Zote^  Apt^ra  wai 
'Aenvaiotsi  cf.  Pint.  Arist.  8  and  11),  and 
Alcibiades  in  408  B.C.  was  iardi^ttv  i^/i^y 
airaKpdrmp  (Xen.  Bell.  i.  5,  20).  Beloch's 
theory,  on  the  other  hand,  is  that  the  vpira^ts 
differed  from  the  oSbrw^rmp  in  that  a  general 
was   appointed    xpvraifts    at  the    ipx"^^^*'^ 


720 


BTBATOB 


alnoKpdrmp  with  reference  to  a  definite  service ; 
tl^at  the  one  had  a  standing,  the  other  onlj  a 
temporary  superioritj  oyer  his  colleagues ;  and 
that  the  two  expressions  would  have  coincided 
only  when  one  frrpontyhs  atnoKpdrttp  was  ap- 
pointed, in  which  case  the  president  of  the 
college  would  undoubtedly  hare  been  selected  as 
the  general  on  whom  these  special  exemptions 
were  conferred.  If  Beloch's  theory  is  valid,  this 
president  of  the  college  was  the  first  minister  of 
Athens;  and  it  is  no  anachronism  to  speak  of 
**  party  "  government  in  the  sense  of  *^  minis- 
terial "  government,  when  we  are  dealing  with 
Athenian  politics. 

That  this  **  ministerial  '*  power  was  realised 
in  later  times  is  shown  by  an  inscription  of  a 
crparrtyhs  M  rh,  SirXo,  who  records  that 
vtpurrdrrwp  rn  w6\€t  icaip&v  9tMnc6Kw  8ic- 
^A.a|€i^  riiv  vfy^piiy  rf  x^P?  iaro^auf6fU¥os 
idfi  rii  icpdrurra  —  koI  t^v  v6XMf  iKw$4pap 
Ktd  9iifiOKparovfi4vriy  abr6voiMv  itapifimKW  kcX 
rhs  wofiiit  Kvpiovs  ro7s  /te9*  kavrSv  (C  /.  A.  ii, 
n.  331).  For  the  earlier  period  of  Athenian 
history,  it  is  difficult  to  establish  a  constitu- 
tional basis  for  this  power :  yet  that  it  existed 
cannot  be  doubted.  It  is  shown  by  the  language 
in  which  Pericles'  position  is  described  (Thuc. 
ii.  65,  <rrpeenryhw  €X\orro  koI  wdtrra  r&  irpdy- 
fwra  iwirpt^w:  of.  Diod.  xiii.  42):  he  was 
atone  responsible  for  the  conduct  of  affairs,  and 
had  the  power  to  prevent  the  iiacXiiffla,  from 
assembling  (Thuc.  ii.  23,  2).  It  is  true  that 
the  expression  6  BtTya  kaU  (rvripx^*^**  ^^7 
only  denote  a  changing  presidency ;  and  the 
expressions  rplros^  riraprosy  and  even  S^Koror 
ttirrhs  may  be  explained  of  specially  conferred 
powers,  yet  something  more  seems  to  be  de- 
manded for  a  position  such  as  that  of  Themi- 
stocles  at  Salamis  (Plut.  Arist.  8),  of  Pericles 
during  the  last  fifteen  years  of  his  life,  and  of 
Nicias  in  425  B.C.  (Thuc.  iv.  28) :  in  these  cases 
a  definite  leadership  of  the  college  seems  to  be 
implied,  however  vague  and  conjectural  may  be 
the  powers  which  we  are  enabled  to  attribute 
to  such  a  presidency. 

(Gilbert,  BeitrSge  xw  itmem  Geachichte  AtUcus 
im  Zeitalter  des  Pekpormesiachen  Krieges,  pp. 
1-72 ;  ffandbuch  dsr  grieckixhen  SUuxUalUr' 
thumer^  i.  p.  220  ff.  ;~Beloch,  Die  Aitiaohe  Politik 
aeit  Periklesy  Anhang  i.  pp.  265-330 ;  Droysen, 
HermeSy  ix.  1875  (Bemerkungen  Hber  die  Atti" 
schen  StrategeiC) ;  K.  F.  Hermann,  L^arbvch  der 
griechischen  AnUquUSten,  i.  Die  Staatealter^ , 
tkHmer  (funfte  Auflage),  §§  123, 2 ;  129,  9 ;  148 ; 
152 ;  166.  On  minor  points  see  Mdller-Strubing, 
ArieiophaneSy  pp.  484  ff. ;  Muller,  de  tempore  quo 
helium  Pelop,  inUium  oeperit^  p.  44.)   [A.  H.  G.] 

STBATOB.    [EXEBCITUS,  Vol.  I.  p.  804  a.] 

STBENAE  (whence  the  French  Hrennes) 
were  presents  given  on  the  1st  of  January,  as 
Festus  says,  ''ominis  boni  causa"  (cf.  Plaut. 
Stick.  V.  2,  24,  and  the  precisely  similaf  French 
proverb  ^  k  bon  jour  bonne  <$trenne  ^.  The 
custom  was  supposed  to  be  connected  with  the 
goddess  Strenia,  who  brought  good  luck  to  the 
household  ''  ab  ezoriu  fere  urbis  strenanim  nsus 
adolevit  auctoritate  Tatii  regis,  qui  verbenas 
felicis  arboris  ex  luco  Streniae  anni  novi  auspices 
primus  acoepit"  (Symmach.  Ep.  x.  35):  these 
verbenae  are  defined  as  laurel  leaves  (Lyd.  de 
Mms.  iv.  4).  The  custom  is  described  in  Ovid 
(^Faet,  i.  185  ff.).    Some  of  the  actual  presents 


8TB0PHIUH 

still  exist :  a  cup  with  the  inscription,  **  Anno 
novo  faustum  felix  tibi "  (Orelli,  4306);  a  lamp 
with  the  same  (Id.  4307).  Coins  also  were 
given,  and  a  gold  coin  was  the  best  of  omens  in 
0vid*8  time  iFaet,  i.  221):  the  poorer  client 
brought  a  copper  coin,  and,  to  represent  the 
gold,  a  gilded  date  (Mart.  viiL  33,  zui.  27). 

New  year's  gifts  were  presented  to  Augustus 
in  the  CapitoC  even  when  he  was  absent  (Suet. 
Aug.  57;   cf.  Dio  Cass.  liv.  35).     (ToiORnM 
NuNCUPATio.]    The  person  who  reoeired  such 
presents   was   accustomed    to  make   otbezs  in 
return   {strenarum  commerdum);  but  Ttbezins, 
who  did  not  like  the  custom  on  aoooont  of  the 
trouble  it  gave  him,  and  also  of  the  expense  in 
making   larger  presents  in  return,  frequently 
left  Rome  at  the  beginning  of  January,  that  he 
might  be  out  of  the  way  (Dio  Cass.  Ivii.  8),  and 
also  forbade  any  such  presents  to  be  offered  him 
after  the   1st  of  January,  as  he   used   to   be 
annoyed  by  them  during  the  whole  of  the  month 
(Suet,  m,  34;  Dio  Cass.  Ivii.  17).   The  cnstom, 
so  far  as  the  emperor  was  concerned,  thus  seems 
to  have  fallen  almost  entirely  into  disuse  during 
the  reign  of  Tiberius.    It  was  revived  agaim  by 
CaliguU  (Suet.  Col,  42 ;  Dio  Cass.  Uz.  24),  but 
abolished  by  Claudius  (Dio  Cass.  Iz.  6);  it  must, 
however,  have  been  restored  afterwards,  as  we 
find  it  mentioned  as  late  as  the  reigns  of  Theo- 
dosius  and  Arcadius  (Auson.  Ep.  zviii.  4;  Cod. 
Just.  12, 48 ;  Gothofred.  ad  Cod.  Tkeod.  7, 24,  I). 
The  festival  is  inveighed  against  as  pagan  by 
Christian    writers    (Augustin.    Serm,    198,   2; 
Tertull.  de  Idol.  10.      Other  passages  will  be 
found    in    Graevius,   Theeaur.    zii.   p.  409  ff., 
etrenanim  kiaiona)\  but  it  lasted  long,  and  still 
existed  to   be  condemned  by   the  (^inisextaa 
Council     at    Constantinople    C^  Concilium    in 
TruUo"),  A.D.  692,  if  indeed  we  should  not 
say  that  the  French  itremies  preserve  the  custom 
ss  well  as  the  name. 

On  the  strenae,  see  also  Marqnaidt,  StaatS" 
veruxUt.  iii.  266;  PrivatL  251. 

[W.S.]  [G.E.M.] 
8TBIAE.  rCoLUMKA,  Vol.  I.  p.  490  6.] 
STBIGA.  [Castra,  Vol.  I.  p.  381.] 
8TBIGIL.  [Balneae,  Vol.  I.  p.  278.] 
STBOTHIUM.  Greek  women  wore  in 
place  of  a  conet  a  large  variety  of  bands  and 
straps,  which  were  bound  round  the  breast 
either  under  or  over  the  shift.  The  names 
<rrp6^io¥y  i^vtWf  &ir^«<r/tioff,  and  even  roaria 
and  ylrpOf  were  given  to  these ;  but  in  all  the 
meaning  is  general,  and  has  no  reference  to 
their  special  purpose.  Even  orp4^tw  u  used  by 
Athenaeus  (xii.  p.  543  f.)  of  the  band  which 
Parrhasius  wore  round  his  head.  Roman  ma- 
trons seem  to  have  used  a  kind  of  oorset,  the 
capitium  (cf.  Varro,  L.  I*,  v.  §  131),  which,  from 
Juvenal's  reference  to  it  (v.  143)  as  a  tkerax 
viniiSf  must  have  been  stiff.  Younger  ladies  wore 
bands  and  belts,  like  the  Greek,  for  the  same 
purpose  (Ctftull.  64,  65).  To  these  the  names 
anUctarium  (Mart,  ziv,  149),  taenia  (Apuleiua, 
Met.  z.  21),  mcanittare,  stroj^uum  (Qc  de  ffar. 
Beap.  21,  44),  and  faecia  pectoralis  (Ovid,  A. 
A,  iii.  274)  were  given.  From  Martial  (ziv.  65) 
one  may  infer  that  they  were  usually  of  leathei. 
The  monuments  show  not  only  bands  girt  round 
the  breast  of  women,  but  in  toilet  scenes  women 
bathing  are  often  represented  in  a  ritort  dose- 
fitting  vest,  which  seems  to  be  the  ca^pitimut. 


BTRUOTOB 


SUCCESSIO 


721 


A  8tata«tte  from  Herculaneum  shows  a  nude 
iNemale  figure  patting  the  fascia  (roiWa)  over 
the  breasts  {AnL  di  Eroolano,  yi.  tar.  17,  3  = 
Baumeister,  Denkm,  fig.  390). 

On  many  female  statues,  especially  those  of 
the  later  periods,  banJs  are  shown  which  are 
not  to  much  for  the  purpose  of  supporting  the 
bust,  but  to  keep  the  folds  of  a  voluminous 
ander-garment  from  shifting.  They  pass  over 
the  shoulders,  cross  at  the  breast,  and  are 
brought  behind  and  fastened  at  the  waist. 
What  they  were  called  is  not  known. 

(fiecker-G«n,  CKariklea,  iii.  226 ;  GaU'u.  iii. 
251 ;  Hermann  -  Blumner,  PricataHerthUmer ; 
Baumeister,  DenkmSler,  art.  "Busenband,"  p. 
366 ;  Marquardt,  Privatlfhen,  p.  484 ;  Iwan 
Mnller,  Ham&wohy  pp.  431,  876;  Bttttiger, 
SiAina,  \u  114.)  [W.  F.  C.  A.] 

STRUCTOB.    [Cena.] 

STULTOTRUM  PE'RlAE.   [Kornacaua.] 

STUPRUM.    [Adultebiuic  ;  Inccstuh.] 

8UBLIG A'CuLUM.  A  piece  of  cloth  tied  or 
wrapped  round  the  waist  and  worn  as  an  apron 
or  loin-cloth  is  one  of  the  most  primitive  of 
garments,  and  is  found  in  some  form  or  other  all 
the  world  over.  That  it  was  worn  in  Greece  in 
)ire-hi8toric  times  is  shown  by  the  hunters  on  the 
inlaid  sword-blade  from  the  fourth  grave  at 
Mycenae  (cf.  Schuchardt,  SchHemnn*8  Ausfjrab- 
Hn^en,  p.  263,  fig.  227;  Hilchhoefer,  Anfdr^je, 
p.  145)  and  other  monuments  of  the  same  age. 
In  later  times  it  is  found  frequently  on  archaic 
bronzes,  and  on  early  black-figured  vase-paintings, 
as  the  dress  of  smith*  and  other  craftsmen,  as 
well  as  of  labourers  (cf.  the  olive-gatherers  on 
a  black  •  figured  vase,  in  *  Baumeister,  Denkm, 
\K  1017).  It  was  also  worn  by  warriors  below 
their  armour,  but  only  in  early  times,  for  in  later 
times  it  was  supplanted  bv  the  linen  shirt  or  x""^*' 

There  is  some  difHcuIty  in  tracing  the  use  of 
the  garment  in  literature.  In  Homer,  for  in- 
stance, Euryalus  the  boxer  in  i7.  zxiii.  683  wears 
H  (SafULf  which  is  undoubtedly  a  loin-cloth,  taking 
perhaps  the  shape  of  bathing  drawers ;  but  else- 
where the  use  of  the  word  is  not  consistent 
(beins:  sometimes  evidently  a  kind  of  belt :  cf. 
Studniczka,  Beitrage^  p.  67  foil.).  The  fact  of 
the  matter  seems  to  bo  that,  owing  to  the  com- 
parative severity  of  the  Greek  climate,  it  was 
never  used,  as  in  the  East,  as  a  man's  sole  gar- 
ment, except  where  he  was  engaged  in  very 
violent  exercise.  Thus,  in  early  times,  Ziaf^pLara 
were  worn  at  the  Olympic  games  (Thuc.  i.  6). 
The  custom,  however,  fell  into  disuse  afler 
Orsippos  (Pans.  i.  44,  1),  who  was  victor  in  01. 
15  (720  B.C.),had  run  without  (cf.  C.  /.  Q.  1050). 
In  classical  times  the  apron  is  better  known  as 
the  characteristic  garb  of  cook  (Hegesipp.  'A8.  i. 
7),  the  general  name  being  rtpitttfAa  or  w§ptC(&' 
<rrpa  (see  LUCTATIO,  and  the  woodcut  on  page 
82  6> 

At  Rome,  as  in  Greece,  the  apron  or  loin*  cloth 
seems  to  have  been  an  older  undergarment  than 
the  shirt  or  Tunica.  It  was  worn  not  only  by 
men,  but  also  by  women  (Mart.  iii.  87,  4),  and 
was  known  as  the  siMigaculum  (Non.  p.  29,  20), 
subligar,  or  campeatre.  In  the  Twelve  Tables  it 
goes  by  the  name  of  liciwn  (Gains,  iii.  192, 198). 
its  use  in  imperial  timea  was  chiefly  confined  to 
servantt  {tuocincti  linteo.  Suet.  Cat,  26),  and  it 
was  indeed  generally  regarded  as  the  character- 
istic garb  of  the  early  Republic.    Thus  Horace 

VOU  11. 


speaks  of  cinctuti  Cethetjl  as  models  of  heroic 
simplicity  (il.  P.  50;  cf.  Porphyrion  ad  ioc,). 
So,  too,  candidates  for  election  had  it  as  part 
of  their  old-fashioned  costume  (Plut.  Coriol,  14 ; 
Quaest,  Bom.  49,  p.  340),  while  ascetics,  like 
Cato  the  younger,  adopted  it  as  a  protest  against 
luxury  (Plut.  Cat  Min,  6 ;  Val.  Max.  iii.  6,  7). 
One  form  of  the  apron,  the  campestre  (cf.  Isid. 
Orig,  xix.  22,  5),  was  especially  used  by  soldiers 
(=  vcl>f(wM<^  Dionys.  Hal.),  though  it  was 
scarcely  sufficient  to  compete  with  the  tunica  as 
a  protection  from  cold  (cf.  Hor.  £p.  i.  11, 6),  and 
was  doubtless  soon  given  up  for  the  shirt. 

Of  much  the  same  shape  were  the  drawers 
worn  by  actors  (Cic.  de  Off.  i.  35,  129)  and 
dancers,  which  were  also  used  by  bathers,  especi- 
ally ladies  (Mart.  /.  c).  An  illustration  is  given 
under  Saltatio,  p.  594.  (Furtwangler,  Arcfuxeo- 
logische  Zeitung,  1882,  p.  329 ;  1884,  p.  167  ;— 
Daremberg  and  Saglio,  Diet,  d'Ant,,  s.  v.  Cinctus, 
p.  1172;  Marquardt,  PrivaJtMien^  pp.  282,  484, 
580;  Iwan  MuUer,  ffandbuoh,  pp.  803,  927; 
Voigt,  Zwdlf  Tafeln,  §  169, 31.)    [W.  F.  C.  A.] 

SUGGE'SSIO  is  a  term  employed  by  the 
Roman  jurists  when  speaking  of  the  modes  in 
which  legal  rights  are  acquired  and  lost.  The 
relation  of  person  and  right,  or  of  right  and  its 
subject,  varies  with  the  nature  of  the  right 
itself.  In  respect  of  many  rights,  what  is 
essential  and  permanent  is  the  person  in  whom 
they  reside:  the  rights  themselves  are  merely 
transitory  attributes.  But  in  respect  of  property 
(using  that  term  in  its  widest  sense)  this  re- 
lation is  reversed.  Rights  of  property  can  as  a 
rule  pass  from  subject  to  subject :  so  far  as  they 
are  concerned  it  is  immaterial  in  whom  they  are 
vested  for  the  time  being,  or,  as  Dr.  Bruns  has 
remarked,  "  as  the  coat  changes  its  wearer,  but 
itself  remains  the  same,  so  can  the  right  to  the 
coat  change  its  subject  without  being  changed 
itself."  Successio  is  the  acquisition  by  one 
person  of  a  right  or  rights  hitherto  vested  in 
another,  but  not  every  such  acquisition :  it  is 
in  fact  a  species  of  what  jurists  call  "derivative 
acquisition,"  of  which  there  are  two  kinds.  In 
the  one  a  person  tranfers  to  another  a  portion 
of  his  own  rights,  as  where  an  owner  constitutes 
a  jtu  in  re  aliena  [Sebvitutes],  such  as  a  usu- 
fruct or  a  right  of  way,  over  property  of  his 
own  in  favour  of  another :  here  the  right  of  the 
latter  is  acquired  derivatively,  but  there  is  no 
successio,  the  owner  carving  as  it  were  a  right 
differifig  in  orbit  from  his  own  out  of  his  own 
dominium.  In  the  other,  which  is  successio,  the 
right  of  the  one  party  passes  in  its  integrity  to 
the  other,  of  whom  it  is  said,  **  Sucoedit  in  locum 
ejus."  Here  a  legal  relation  is  presupposed 
'  between  the  two  persons,  the  one  of  whom  ceasei 
to  be  invested  with  the  right  eo  instanti  that  it 
becomes  vested  in  the  other;  and  to  the  latter 
it  cannot  be  (in  the  eye  of  the  law)  a  higher, 
larger,  or  more  valuable  right  than  it  was  to 
the  former :  *'  non  debeo  melioris  condicionis  esse 
quam  auctor  mens,  a  quo  jus  in  me  transit," 
Dig.  50,  17,  175;  **nemo  plus  juris  ad  alium 
transferre  potest,  quam  ipse  haberet,"  Dig.  •&.  54. 
Thus  in  the  case  of  the  transfer  of  ownership  by 
tradttio,  the  new  ownership  begins  when  the 
old  ownership  ceasei,  and  it  only  arises  in  case 
the  former  possessor  of  the  thing  was  also  owner ; 
that  is,  prior  ownership  is  a  necessary  condi- 
tion of  subsequent  ownership.    Without  a  legal 

3  a 


722 


SUCCESSIO 


SUCCE8SI0 


relation  between  the  two  parties,  the  one  of 
whom  intends  to  transfer  his  right  to  the  other, 
there  can  be  no  saccessio.  For  instance,  if  A 
acquires  ownership  in  property  hitherto  belong- 
ing to  B  by  usncapio,  B  ceases  to  be  its  owner, 
but  there  is  no  legal  relation  between  A  and  B, 
and  therefore  no  succession :  the  acquisition  by 
A  is  original,  not  deriTative.  So,  too,  if  B 
abandons  property  (derelictio)  of  which  A  takes 
possession  with  the  intention  of  appropriating  it, 
it  becomes  A's  without  more  ado  (Inst.  ii.  1,47) : 
but  here  again  the  acquisition  is  original,  and 
there  is  no  succession.  The  requirement  that 
the  right  should  Test  in  the  successor  contempo- 
raneously with  its  divestment  from  the  other 
party  is  sometimes  satisfied  by  a  fiction,  as  in 
the  succession  of  a  heres:  for  though  there 
might  be  a  considerable  interral  between  the 
death  and  the  aditio  of  the  inheritance,  yet  the 
latter,  when  once  made,  had  by  a  legal  fiction 
relation  back  to  the  moment  of  decease :  "  heres 
quandoqne  adeundo  hereditatem  jam  tunc  a 
morte  successisse  defuneto  intelligitur,"  Dig.  29, 
2y  54 ;  **  omnis  hereditas,  quamvis  postea  adeatur, 
tamen  cum  tempore  mortis  continuatur,"  Dig. 
50,  17.  138. 

Of  sucoessio  there  are  two  kinds.  A  man 
either  succeeds  to  a  single  right  or  a  number  of 
single  rights  by  themselves,  which  is  called 
** singular  succession:"  or  he  succeeds  to  the 
whole  property  or  proprietary  relations  of 
another,  whereby  the  individual  rights  pass  also, 
which  is  called  ''universal  sncoession."  The 
Roman  phrases  are  somewhat  different.  It  is 
said  in  Dig.  43,  3,  1,  13  (cf.  Gains,  ii.  97),  <«in 
locum  successisse  acdpimus  sive  in  universitatem 
sive  in  rem  sit  successum : "  so  too  we  have  *'  in 
eam  duntaxat  rem  succedere"  (Dig.  21,  3,  3), 
**  in  singularum  rerum  dominium  snccedere  " 
(Dig.  29,  2,  37),  "in  rei  tantum  dominium 
succedere  "  (Dig.  39, 3,  24)  ; ''  in  universum  jus, 
in  universa  bona  "  (Dig.  23,  3,  3,  1 ;  39,  2,  1). 

In  singular  succession  the  person  from  whom 
the  right  passes  is  called  the  other's  auctor 
(Dig.  50,  17,  175,  cited  above :  *'  auctorum 
Buccessio,"  Dig.  1,  2,  2,  13).  As  to  the  rights 
of  which  a  singular  succession  U  possible,  some- 
thing is  said  below ;  but  the  succession  requires 
an  act  between  the  parties  capable  of  transferring 
the  right,  whether  it  be  mancipatio,  tradttio,  or 
mere  grant.  The  object  of  universal  succeeaion 
is  a  man's  whole  property,  so  far  as  it  exceeds 
mere  life  interests,  comprising  res  in  corporaies 
(e.g.  what  we  term  "  choses  in  action  ")  no  less 
than  res  corporaies,  and  in  most  cases  his  liabili- 
ties as  well  as  his  rights :  the  notion  upon  which 
it  is  based  being  usually  a  fictitious  identity  of 
person  between  the  party  hitherto  entitled  and 
the  successor,  so  that  the  former,  in  relaticm  to 
the  object  of-  succession,  is  not  (as  in  singular 
succession)  opposed  to  the  latter  as  a  disconnected 
person,  and  consequently  is  not  here  as  a  rule 
termed  his  ctuotor,  though  an  instance  of  this  (in 
inheritance)  occurs  in  a  constitution  of  Diocletian 
in  the  Codex  Hermogenianus.  The  universal 
successor  qiay  very  properly  be  regarded  as  and 
termed  successor  to  a  part  of  the  whole,  but 
only  because  it  is  such  a  part :  he  succeeds  to  the 
part  because  he  succeeds  to  the  whole.  Of  univer- 
^  sal  succession  there  is  a  variety  of  forms,  of  which 
*  the  most  important  is  sacoession  upon  death. 
On  a  man's  decease,  his  heir  or  heirs,  whether 


tney  took  by  civil  (heredes)  or  by  praetorisB 

law  (bonorum  po8sessores%  took  his  propertv  ss  an 

ideal  whole :   **  bona  autem  hie,  at  plerumqae 

solemus  dicere,  ita  accipienda  sunt :  naiversitatis 

cujusque  snccessionem,  qua  succeditur  in  jii> 

demortui,  suscipiturque  ejus  rei  commodam  et 

incommodum.      Nam  sive  solvendo  sunt  bona 

sive  non  sunt,  sive  damnum  habent  sive  lucrum, 

sive  in  corporibus  sunt  sive  in  actionibus,  in  boe 

loco  proprie  bona  appellabuntur  "  (Dig.  37, 1, 3, 

pr.).     After  the  Senatusconsulta  TrebellianttiD 

and  Pegasianum,  the  same  occurred  where  aa 

heir  transferred  the  whole  inheritance  to  another 

under  a  trust  [Fideioqhxibsux].    In  the  other 

cases  of  universal  succession  the  so-called  pa««ita 

of  the  person  succeeded  (Le,  his  liabilities)  did  not 

by  the  civil  law  pass  to  the  successor:  bnt  br 

the  Edict  this  was  generally  so  far  modified  that 

the  latter  became  answerable  for  the  passiw  so 

far  as  the  activa  (assets). went.    They  compiiie 

the  following : — (1)  The  passing  of  a  woman  at 

mamtm  mariti:   ''Cum  raulier  viro  in  mannm 

convenit,  omnia  quae  mulieris  foerunt  viri  6ant 

dotis  nomine," Cic.  Top,  4,  23: /'cum  mulier  io 

manum  convenit,  omnes  ejus  res  inoorporales  et 

corporaies  quaeqne  ei  debitse  sunt  ooemptioDatori 

adquiruntur,  exceptis  his  quae  per  otitis  de- 

minutionem    pereunt . ...  ex    diverse  quod  ea 

debuit  quae  in  manum  convenit  non  transit  id 

coemptionatorem  . . .  nisi  si    hereditarium  ae« 

alienum  fuerit :  tunc  enim,  quia  ipse  coemption- 

ator  heres  fit,  directo  tcnetur  jure  "  (Gains,  ill. 

83-4);  and  Galus  goes  on  to  explain  thatthoagh 

by  the  civil  law  no  liability  attaches  after  tiie 

coemptio  for  debts  contracted  by  the  woman 

before  it  either  to  herself  or  the  husband,  yet  the 

praetor  granted  utUes  acUones  against  her  to  the 

creditors,  who,  unless  aha  war*  defended,  would 

be  put  in  possession  for  purposes  of  liquidation 

of  all  property  which  they  might  have  proceeded 

against  at  civil   law,  but    for  the   coemptio. 

(2)  The  giving  of  an  independent  person  by  himself 

in  adrogation :  "  Si  paterfamilias  adoptattu  »it, 

omnia  quae  ejus  fuerunt  et  adqniri  possant, 

tacito  jure  ad  enm  transeunt  qui  adoptaTit** 

(Dig.  1, 11,  15,  pr.>     Muiatis  vmtatidis,  Gaim 

says  precisely  the  same  of  this,  in  respect  of 

debts  owed  by  the  adrogatns,  as  he  does  of 

oonverttio  in  manum,    (3)  Bonomm  emptio  or 

bankruptcy,   for  which  see  Gaius,  iil  77-^1; 

Inst.  iii.  12,  pr.     (4)  The  reduction  of  a  free 

woman  to  servitude  under  the  Senatmtoonsnltoni 

Claudianuro,  in  which  case  her  whole  property 

passed  with  her  to  her  new  master  [Sesvts, 

662  by     In   many  other   cases,  though  the 

object  is  to  transfer  the  whole  property,  it  '» 

in   fact  effected  by  the  transfer  of  the  serenl 

things— «.j/. 'in  gift,  in  the  constitution  of  a  <to, 

in  the  formation  of  a  societas,  or  the  sale  of  as 

inheritance  by  the  heres. 

There  are  many  rights  which  cannot  be  ac- 
quired by  cuoceasioa  at  all,  and  others  which 
can  be  acquired  bv  universal  but  not  by  siagalar 
succession^  Speaking  generally,  none  can  tbos 
paaa  but  proprietary  rights :  for  instance,  the 
rights  of.paironaUs  over  a  liberius  dm  conld 
not  be  bequeathed  vw^^f  to  an  extraMns  A«nes, 
because,  properly  speaking,  they  were  personal 
and  baaed  on  «  fictitious  Jdnship :  they  devolTcd 
on  the  issue  who  were  in  the  testator's  power 
at  his  death,  and  who  were  potentiallr  powewed 
of  them  .eyen    during. the  ancestors  lifetime 


BUDARIUM 


SUMPTUARIAE  LEGES 


723 


(Gains,  iii.  58).  But  the  jus  patronaius  over  a 
LatiDus  Junianus  could  be  so  bequeathed  (Gaius, 
1*6.),  because  it  was  a  mere  property  right,  the 
freedman  becoming  a  slave  again  at  the  moment 
of  his  decease  (Inst.  iii.  7,  4).  Yet  in  some 
rights  there  may  be  a  successio  which  cannot 
be  regarded  as  of  a  proprietary  nature  :  e.g.  the 
pater  can  transfer  his  patria  potestas  by  datio  in 
adoptionemj  and  in  some  cases  the  guardian  could 
assign  his  rights  of  tutela  (Gains,  i.  168  sq.). 

Real  rights,  such  as  ownership,  possession, 
and  jura  in  re  aliena  (with  the  exception  of 
serritudes),  admit  of  succession  of  both  kinds : 
they  can  be  transferred  by  the  appropriate  mode 
of  conveyance  inter  vivaSj  and  devolve  at  death  on 
the  heir.  No  servitudes  can  be  succeeded  to 
*'  singularly,"  and  personal  servitudes,  being  as  a 
rule  mere  life  interests,  were  generally  excluded 
from  nniyersal  succession  upon  death :  up  to  the 
time  of  Justinian  usus  and  ususfructus  were 
destroyed  by  capitis  deminutio  of  every  kind,  so 
that  they  could  not,  before  his  change  in  the 
law,  pass  upon  a  conventio  in  manum  or  adrogatio, 
Xor  can  there  be  any  singular  succession  to 
obligations  or  rights  in  personam  :  if  the  subject 
of  the  right  were  really  changed  (by  Novatio),- 
the  right  itself  was  changed  also;  and  if  the 
right  were  assigned,  there  was  no  real  change  of 
subject,  but  the  assignee  merely  exercised  a  right 
of  action  which  remained  vested  in  his  assigner : 
upon  this  subject  see  Oblioatio. 

The  terms  successio,  successor,  succedere  by 
themselves  have  a  general  meaning  and  comprise 
both  kinds  of  succession.  Sometimes  they  denote 
universal  succession  without  any  addition, 
though  where  this  is  so  the  meaning  is  usually 
clear  from  the  context  (e.g.  Gains,  iii.  82),  but 
generally  when  universal  succession  is  intended 
the  word  unitersum  or  some  cognate  term  is 
added.  Successio  signifies  the  inheritance  in  many 
passages  (e.g.  **ex  testamento  successionem 
obtinere,"  Cod.  6,  20,  1 :  cf.  Cod.  2,  53,  5,  3 ; 
7,  34,  4 ;  3,  36,  10),  and  in  some  even  the  heirs 
(€.g,  **  Nultam  ex  priore  matrimonio  habere 
successionem,"  Cod.  5,  9,  3,  pr. ;  t6.  2) :  "  alienas 
successiones  proprias  anteponere  "  (Cod.  6,  42, 
30).  In  Dig.  28,  2,  23,  1 ;  ift.  29,  4,  it  denotes 
the  substitution  of  a  remoter  for  a  nearer  heir 
(cf.  Dig.  38,  9,  1 ;  50,  17,  194):  and  in  Dig.  20, 
3,  3 ;  20,  4,  3,  pr.;  •&.  12,  9;  f6.  16,  the  substi- 
tution of  a  subsequent  for  a  prior  mortgagee. 

(Savigny,  System,  iii.  8  sq. ;  Puchta,  InstitU' 
tionen,  §  198 ;  Hasse,  Ueber  Uniwrsa!  und  Singu' 
lor- Succession,  "  Archiv  fur  civ.  Praxis,"  v.  1 ; 
Kuntze,  Die  (Hfligationen  und  die  SinguUm'Succes' 
sion  im  rOm.  Jlechte,  Leipzig,  1856.)    [J.  B.  M.] 

StJDARIUM,  a  linen  handkerchief,  carried 
in  the  hand  or  in  the  sinus,  answering  to  our 
pocket-handkerchief,  but  primarily  intended,  as 
the  word  implies,  to  wipe  the  sweat  from  the 
brow  or  face  (Quintil.  vi.  3,  60  ;  xt.  3,  148).  It 
was  a  comparatively  modem  introduction,  when 
fine  linen  came  into  use  at  Rome,  which  may  be 
placed  in  the  time  of  Cicero  (Cic  Verr.  v.  56, 
146 ;  Hehn,  KulUrpfianxen,  146) :  with  this 
agre«  the  mention  of  the  sudarium  being  used 
by  Vathiius  (Quintil.  /.  c),  and  the  sudaria 
SaetiAa  (of  Spanish  linen)  spoken  of  by  Catullus 
(12,-  14;  25,  7).  The  word  is  borrowed  by 
Hellenistic  writers  as  erov9dptop  (Luke  xix.  20), 
for  which  Pollux  (vii.  71)  says  that  the  older 
names  were  li/iir^fitoir  (Aristoph.  P/irt.  729)  and 


Koa^tip^iov.  The  later  name  at  Rome  was 
orarimn  (Vopisc.  Aur^.  48),  and  other  less  com- 
mon names  are  found,  such  as  facitergium, 
mamtpi(tr%um. 

Besides  its  use  for  wiping  the  face,  it  was 
worn  round  the  neck  (Petron.  67 ;  Suet.  If^er. 
51),  and  was  in  the  later  period  (as  oranwn) 
waved  in  the  circus  to  signify  applause  (Vopisc. 
/.  c,  cf.  Karwrttfiw  vols  Mreut  iy  B^drpots : 
Euseb.  If.  E.  vii.  30),  for  which  the  lappet  of 
the  toga  had  formerly  served  (Ov.  Am.  iii.  2, 74), 
Goll  (Becker-Gdll,  Gallus,  iii.  268)  denies  that 
it  was  used  to  wipe  the  nose,  which  operation, 
he  says,  was  performed  in  **  the  most  primitive 
fashion."  It  is  difficult  to  prove  or  disprove 
this  as  a  universal  rule ;  and  the  passage  which 
he  cites  from  Mart.  vii.  37  is  capable  of  either 
interpretation.  The  word  emungo  may  imply 
the  use  of  a  handkerchief  or  the  hand  alone, 
the  latter  probably  in  Plautns,  and  certainly  in 
Anth.  Pal.  vii.  134,  Diog.  Laert.  iv.  46 :  but  it 
may  be  questioned  whether  the  use  of  the 
pocket-handkerchief  was  not  coming  in  under 
the  Empire,  and  the  passage  in  Auct.  ad  Herenn. 
iv.  54,  67,  seems  to  imply  this  even  for  the 
late  Republic:  that  it  was  so  in  the  time  of 
Amobius  is  clear  from  the  etymology  of  the 
word  macinium,  which  (ii.  23)  he  uses  as= 
oraHwn.  [G.  E.  M.] 

SUDATO'RIUM.  [Balxeae.] 
SUFFLATMCEN;  (rpoxowiZn,  #roxX€^f),  a 
drag  to  check  the  wheels  of  carriages  or 
waggons  (Juv.  viii.  148,  xvi.  50).  It  is  defined 
by  the  scholiast  on  the  former  of  these  passages 
»» **  vinculum  ferreum,  quod  inter  radios  mittitur 
dum  divum  descendere  coeperit  reda:"  i,e.  it 
was  usually  a  simple  drag  chain  which  locked 
the  wheel.  Rich,  however,  is  mistaken  in 
making  the  word  rpoxow49fi  an  argument  for  its 
being  a  mere  ''fetter,"  since  Athenaeus  (iii. 
p.  99  c),  who  quotes  that  word  from  Herodes 
Atticns,  and  is  the  only  authority  for  it,  says 
that  it  was  a  ^6kay  9ia0aX\6fA€poy  5iJk  r&y 
rpox»v,  and  goes  on  to  state  that  the  same 
lifKov  was  called  liroxXe^f  by  Simaristus.  We 
must  therefore  suppose  that  the  ancient  drag 
was  sometimes  a  drag-chain,  sometimes  a  log  of . 
wood  attached  by  two  chains  so  as  to  check  the 
wheel,  as  may  be  seen  in  waggons  of  the  present 
day.  We  have  no  indication  of  anything  like  a 
''slipper"  drag.  Casaubon  reads  iwoxt^s  in 
the  passage  of  Athenaeus,  but  the  occurrence  of 
the  word  ii6x>^os  in  the  context  favours  rather 
the  other  reading.  [G.  B.  M.j 

BUFFRA'GLA.  SEX.    [Eq^ites.] 
SUFFBA'GIUM.    [Tabella  ;  CnriTAS.] 
8U6GESTUS,   SUGGESTUM    mean    in 
general  any  elevated  place  made  of  materials 
heaped  up  {sub  and  gero\  and  is  specially  applied : 

1.  To  the  stage  or  pulpit  from  which  the  orators 
addressed  the  people  in  the  Comitia.    [RoffTRA.} 

2.  To  the  elevation  from  which  a  general  ad- 
dressed the  soldiers  (Tae.  Hiet.  i  35 ;  Caes.  B,  O. 
vi.  3).  3.  To  the  elevated  seat  from  which  the 
emperor  beheld  the  public  games  (Suet.  Jul,  76 ; 
Plin.  Paneg.  51),  also  called  oiAioulwn,    CClTBi- 

CULUM.]  [W.  S.] 

SUGGRUNDA'RIUM.    [Sepulcrum.] 
8UI  HERE'DES.    [Hebeb,  Vol.  I.  p.  952.] 
SULPURA'TA.    poNiAHiDH.] 
SUMPTUA'RIAE    LEGES.      Sumptuary 
laws  are  those  by  which  a  state  attempts  to 

3  A  2 


724    SUMPTUAKIAE  LEGES 


8UMPTUARIAE  LEGES 


restrict  the  expenditare  of  its  individual  mem- 
bers.     Occasionally    regulations    of  this  kind 
were  inherent  in  the  very  structure  of  states  of 
the  ancient  world,  as  was  the  case  at  Sparta ; 
but  more  often  their  necessity  was  first  felt  in 
the  later  period  of  a  nation's  history,  when 
conquest  or  commercial  contact  with  the  outer 
world  had  raised  the  standard  of  comfort  of  the 
people  and  had  created  new  wants  and  desires. 
This  is  a  necessary  consequence  of  adranciog 
civilisation ;  but,  as  Roscher  says,  *'  There  is  a 
limit  at  which  new  or  intensified  wants  cease  to 
be  an  element  of  higher  civilisation,  and  become 
elements    of   demoralisation"  (Roscher,   Folit. 
£oon.  ii.  p.  221,  E.  T.),  and  this  was  the  stand- 
point on  which  the  ancient   world    based   its 
sumptuary  legislation.     The  main  object  of  it 
was  to  effect  an  equalisation,  regulated  by  some 
standard,  in  individual  life;  and  although  the 
definite  aim  at  preserving  a  normal  life  amongst 
the  citizens  was  most  marked  in  Greek  politics 
(Arist.  Pol.  ii.  9,  6;   r.  11,  8;— Thuc.  i.  6,  4), 
yet   this  attempt  at  exaequaiio   was  also    an 
element  in  sumptuary  legislation  at  Rome  (Liv. 
zxziv.  4).    Other  objects  were  to  preserve  the 
financial  resources  of  the  state,  mainly  in  accor- 
dance with   the  mercantile  theory   of  ancient 
economic  legislation  (Tac  Ann,  ii.  54),  to  prevent 
the  aggressions  of  the  rich  against  the  poor  from 
the  avaritia  which  was  a  necessary  consequence 
of  iuxuria  (Liv.  zxxiv.  4),  and  to  banish  the 
jealousies  and  consequent  dangers  which   the 
glaring  contrast  between  the  lives  of  rich  and 
poor  inevitably  fostered  in  a  city  state  (Arist. 
Foi,  iv.  11,  6   and  7;    v.  9,  13;— Liv.  /.  c). 
Sometimes  this  legislation  attempted  to  remove 
definite  moral  evils,  such  as  drunkenness  and 
other  forms  of  sensuality,  from  the  community, 
in  which   they   were   felt  to  be   growing   up 
(Macrob.  iii.  17,  4).    The  censorship  at  Rome, 
and  institutions  with  similar  moral   functions 
corresponding  to  it  in  the  Greek  states,  were 
often  employed  for  the  restriction   of  luxury 
(Arist.  Fol.  iv.  15,  13;  Gell.  xvii.  21,  39). 

The    sumptuary    legislation   of   Greece   was 
contained  for  the  most  part  in  the  codes  of  the 
great  lawgivers.    A  rhetra  of  Lycurgus  is  said 
to  have  forbidden  the  Spartans  to  have  their 
houses  made  by  any  more  elaborate  implements 
than  the  axe  and  the  saw  (Plut.  Lye.  13):  sim- 
plicity of  food  and  clothing  was  enjoined  to  the 
male  members  of  the  population  (Pint,  de  San. 
12 ;  Arist.  Po/.  iv.  9,  8) :  iron  money  was  ori- 
ginally the  only  coinage  in  use  (Plut.  Apophth. 
Lac.  Lys.  3),  and  private  posseMion  of  gold  and 
silver  was  forbidden  even  afler  these  metals  were 
employed  for  public  purposes  (Xen.  de  Fep.  Lac. 
7,  6  ;  Plut.  Lys.  17).     By  the  laws  of  Zaleucus 
of  Locri,  we  are  told,  the  citizens  of  that  state 
were  forbidden  to  drink  undiluted  wine,  except 
on  the  order  of  a  physician,  under  pain  of  death 
(Athen.  p.  429) ;  while  simplicity  of  dress  and  a 
limitation  of  the  number  of  personal  attendants 
were  also  enjoined  (Diod.  xii.  21).    The  Solonian 
legislation    at     Athens    contained    enactments 
against  expensive  female  apparel  and  ornaments, 
particularly  those  given  in  the  dowry  (^tpyii) 
of  a  bride  (Pint.  SA.  20),  and  against  expensive 
funerals  (Plut.  Sol.  21 ;   Demosth.  in  Macart. 
p.   1071);    there   were  also  laws  in   force  at 
Athens  which  limited  the  number  of  guests  at 
entertainments  (Athen.  p.  245).    Funeral  regu- 


lations similar  to  those  of  Solon,  we  are  told  by 
Plutarch,  existed  in  his  native  town  of  Chae- 
ronea  (Plut  Sol.  21> 

Roman  sumptuary  legislation  was  progrcasive ; 
it  did  not  originate  until  a  comparatively  late 
period  in  the  history  of  the  state,  and  each  law 
aimed  at  eradicating  some  definite  and  growing 
evil.  The  inefficiency  of  these  laws  and  the 
extreme  difficulty  of  enforcing  them  are  amplv 
attested  (Tac  Awn.  ii.  55 ;  Gell.  iL  24,  3 ;  Ter- 
tull.  Apol.  6),  but,  even  when  recognised,  were 
not  sufficient  to  check  further  attempt*  in  this 
direction.  The  fact  that  moat  of  these  laws 
dealt  with  the  same  subject,  namely  the  expenses 
of  the  table,  and  enjoined  very  similar  restric- 
tions, shows  how  quickly  each  of  them  mast 
have  sunk  into  desuetude. 

The  earliest  sumptuary  regulations  were  those 
contained  in  the  Twelve  Tables  limiting  the 
expenses  of  funerals  (Cic.  de  Leg.  it  23).  They 
were  possibly  copied  from  the  similar  regula- 
tions of  Solon. 

The  Lex  Oppia,  passed  in  215  Re,  provided 
that  no  woman  should  possess  more  than  ^  oz. 
of  gold,  or  wear  a  dress  of  different  colonrs^  or 
ride  in  a  carriage  in  the  city  or  within  a  mile 
of  it  except  during  public  religioua  cerpmonies. 
This  law,  which  was  dictated  by  the  necessities 
of  the  Punic  war,  was  repealed  twenty  years 
later,  in  195  B.a  (Liv.  xxxiv.  l-« ;  VaL  Jlax. 
ix.  1,3;  Tac  ilnn.  iii.  33). 

The  Lex  Obchia,  passed  three  years  after 
Cato*s  censorship,  and  therefore  in  181  B.C.,  was 
the  first  law  that  restricted  the  expenses  of  the 
table.  It  prescribed  a  limit  to  the  nomber  of 
guests  that  might  be  invited  to  entertainments. 
Cato  is  said  to  have  opposed  its  introduction 
(Festus,  s.  V.  peroemetatunC)^  but  he  also  opposed 
itj  repeal  in  a  speech,  fragments  of  which  hare 
been  preserved  (Macrob.  ii.  13,  iii.  17 ;  Festus, 
s.  V.  ^bwnitavere ;  Schol.  Bob.  m  Cic.  pro  Sat. 
p.  310 ;  Meyer,  Orat.  Horn.  Fragtn.  p.  91). 

This  was  followed  by  the  Lex  Faitnia.  The 
date  is  fixed  by  Pliny  (if.  N.  x.  §  71)  as  161  B.C., 
although  Macrobius  places  this  law  twenty-two 
years  after  the  Lex  Orchia,  and  therefore  in 
159  B.C.  It  was  passed  in  the  oonsubhip  of 
C.  Fannius  and  M.  Valerius  Messala,  and  grew 
out  of  a  senatusconsultum,  which  enjoined  that 
the  prindpes  dwtaUe  should  swear  before  the 
consub  that  they  would  not  exceed  a  certain 
limit  of  expense  in  the  banquets  given  at  the 
Ludi  Megalenses.  Afterwards  a  consular  law 
was  promulgated  (Sammonicus  Serenns  c^ 
Macrob.  iii.  17,  4,  '*  ipei  consules  pertnlenmt '% 
which  went  further  than  the  Lex  Orchia,  in  that 
it  prescribed  the  nature  and  value  of  the  eat- 
ables which  were  allowed  to  be  consumed.  It 
permitted  the  expenditure  of  100  asses  on  the 
Ludi  Romani,  the  Ludi  plebeii,  and  the  Satur- 
nalia, and  of  30  on  some  other  festival  occasioos: 
but  on  all  other  days  of  the  year  it  allowed 
only  10  asses  to  be  spent.  Hence  Ludlius  speaks 
of  the  "Fanni  centnssis  misellos."  It  further 
forbade  the  serving  of  any  fowl  but  a  single 
hen,  and  that  not  fattened.  One  of  its  clauses 
was  of  a  protective  character,  aince  it  enjoined 
that  only  native  wines  should  be  cansnnaed 
(Gell.  ii.  24 ;  Macrob.  iiL  17 ;  Plin.  JET.  2s\  z. 
$71;  TertuU.  i4po/.  vi.). 

The  Lex  Didia  was  passed  eighteen  xtMn 
later,  in  143  B.a    It  was  a  re-enactment  of  the 


SUMPTUABIAE  LEGES 


SUOVETAURILIA 


725 


]<ez  Fannia  with  two  alterations.  It  included 
in  the  penalties  of  the  law  not  only  the  giver  of 
the  feasti  which  violated  its  regulations,  but 
also  the  gnests  who  were  present  at  such  a 
banquet.  And  it  extended  the  prorisions  of  the 
Lex  Fannia  to  all  the  Italici,  who  had  been  under 
the  impression  that  this  law  applied  only  to 
Rome  (Macrob.  /.  c). 

The  Lex  Licinia  marks  the  next  attempt  at 
sumptuary  legislation.  It  h  impossible  to 
osaign  any  certain  date  to  this  law.  It  has 
been  placed  by  some  as  late  as  the  second  con- 
sulship of  Crassus  and  Pompey,  55  B.C.  (Meyer, 
^}rat.  Earn,  Fragm,) ;  but  Macrobius  attributes 
it  to  P.  Lidnius  Crassus  Dives,  and  Gellius  places 
it  between  the  Lex  Fannia  and  the  laws  of  Sulla. 
It  probably  belongs  either  to  the  praetorship  or 
to  the  consulship  of  P.  Licinius  Crassus,  and 
therefore  approximately  either  to  the  year  103 
or  to  the  year  97  B.a  It  allowed  100  asses  to 
be  spent  on  the  table  on  certain  days,  200  on 
marriage  feasts,  and  on  certain  other  festivals 
(such  as  the  Calends,  Nones,  and  Nnndinae)  30 
asses ;  it  fixed  a  limit  to  the  amount  of  meat 
and  fish  that  was  to  be  consumed  on  ordinary 
days,  and  encouraged  the  consumption  of  garden- 
produce.  A  senatusconsultum  enjoined  that  the 
law  should  come  into  force  as  soon  as  it  was 
promulgated  and  before  it  was  confirmed.  Lu- 
cilius  and  Laevius  commemorated  the  law,  and 
Gellius  relates  that  a  Latin  orator  Favorinus 
spoke  in  support  of  it  (Gell.  ii.  24,  xv.  8; 
Macrob.  /.  c.  On  the  questtion  of  the  date  see 
Did.  of  Biog.,  arts.  Favorinus  and  Lucilius). 

The  general  neglect  of  the  preceding  laws 
('Megibus  istis  situ  atquesenioobliteratis,"  Gell. 
/.  c.)  caused  the  Leoes  Corneuae  of  the  dictator 
Sulla  to  be  passed  in  81  B.C.  He  carried  a  law 
restricting  the  expenses  on  sepulchral  monu- 
ments (Cic.  ad  Att.  xii.  35  and  36)  and  regu- 
lating the  cost  of  funernls,  which  he  violated  on 
the  death  of  his  wife  Metclla  (Plut.  Suih,  35). 
Another  law  restricted  the  luxury  of  the  table, 
allowing  30  sesterces  to  be  spent  on  the  Calends, 
Ides,  Nones,  the  <*die8  Ludorum,"  and  certain 
*'  feriae,"  three  on  all  other  days  (Gell.  /.  c. ;  read- 
ing with  Gronovius  *'tricenos"  and  "ternos." 
Hertz  reads  **  tricentenos  "  and  **  tricenos  "). 

A  Lex  Aexilia,  which  probably  belongs  to 
the  consulship  of  Aemilius  Lepidus  and  Q.  Luta- 
tins  C^tolns,  78  B.C.,  did  not  fix  a  fresh  limit  to 
expenses,  but  laid  down  regulations  as  to  the 
kinds  and  quantities  of  food.  Pliny  mentions 
certain  regulations  of  this  kind  as  being  em- 
bodied in  a  sumptuary  law  which  he  re^rs  to 
the  consulship  of  M.  Aemilius  Scaurus,  115  B.C. 
(Plin.  ff,  N,  viii.  §  82 :  cf.  Aurel.  Victor,  de  Fir. 
iil,  72) ;  and  it  is  possible  that  there  may  have 
been  two  Aemilian  laws  on  the  subject. 

The  Lex  Aim  a,  which  was  subsequent  to  the 
last-named  law,  but  cannot  be  dated  precisely, 
besides  limiting  the  expenditure  on  banquets, 
also  limited  the  class  of  persons  with  whom  a 
magistrate  might  dine  out  during  his  time  of 
office  (Gell.  /.  c). 

Next  came  the  Leoeb  Julias.  The  dictator 
Caesar  enforced  the  former  sumptuary  laws 
respecting  entertainments,  which  had  fallen  into 
disuse  (Dio  Cass,  xliii.  25 ;  Cic.  ad  Fam.  ix.  15, 
5) ;  they  were  not  attended  to  during  his  absence 
(Cic  ad  Ait.  xiii.  7),  but,  during  his  presence  in 
Kome,  the  enforcement  of  them  was  rigorous; 


guards  were  placed  round  the  market  to  aeize 
forbidden  luxuries,  and  sometimes  dishes  were 
taken  from  the  tables  of  private  individuals 
(Suet.  Jul,  43).  He  also  passed  a  law  pro- 
hibiting the  use  of  litters,  of  purple  garments, 
and  of  pearls,  except  in  the  case  of  persons  df 
a  certain  rank  or  age,  or  on  certain  days 
(Suet.  /.  c). 

The  Emperor  Augustus,  in  B.C.  22,  passed 
laws  regulating  the  expenses  to  be  incurred  on 
ordinary  and  festal  days  (Dio  Cass.  liv.  2,  3; 
Suet.  Aug.  34).  On  the  former  an  expenditure 
of  200  sesterces  was  permitted,  on  the  latter  an 
expenditure  of  300,  and  on  marriage  festivals  of 
1000  sesterces ;  an  edict  of  Augustus  or  Tiberius 
allowed  expenses  on  various  festivals  to  range 
from  300  to  2,000  sesterces,  the  increase  in  the 
permitted  expenditure  being  allowed  in  the  hope 
that  this  concession  would  secure  obedience  to 
the  law  (Gell.  /.  c). 

Tiberius,  in  spite  of  his  distrust  of  the  efB- 
oacy    of  sumptuary  legislation  (Tac.  Ann,  iii. 
53,  54),  was  forced  into  making  regulations  to 
check  the  inordinate  expenses  on  banquets  (Suet. 
7%.  34 ;  Plin.  //.  .V.  xxxiii.  §  8).     To  his  reign 
also  belongs  a  senatusconsultum  prohibiting  the 
use  of  gold  plate,  except  in  sacred  rites,  and 
preventing  men  from  wearing  silk  (Tac.  Ann, 
ii.  33 ;   Dio  Cass.  Ivii.  15, 1).     Further  sump- 
tuary regulations  checking  the  expenditure  on 
food    were   made   by   Nero  (Suet.  Nero,    16); 
amongst   later  emperors   Antoninus    Pius   and 
Marcus   Aurelius    regulated    the    expenses    of 
gladiatorial   shows  (Capitol.  Vit,  Antonin,  12; 
Vit.  M,  Ant,  Phii.  27),  and  the  Emperor  Tacitus 
again  prohibited  men  from   wearing  silk,  and 
forbade  the  wearing  of  gold-embroidered  gar- 
ments (Vopisc.   Vit,  Tac.  10).     It  was  during 
the  later  Republic  and  the  early  Empire  that 
luxury  specially  Nourished,  although  the  studied 
simplicity  of  the  courts  of  Augustus  and  Tiberius 
must  have  hml  some  influence  in  restraining  it. 
After  Galba  began  a  new  era  of  moderation,  an 
effect  which   Tacitus  traces  to  the  decline  of 
private  fortunes,  to  the  dangers  attending  the 
display  of  wealth,  to  the  introduction  of  noci 
hotninea  into  the  senate  and  into  the  best  society 
of  Rome,  but  princiiiully  to  the  influence   of 
Vespasian,  a  prince  **  antiquo  cultu  victuque  " 
(Tac.  Ann.  iii.  55).     Other  princes  whose  sim- 
plicity of   life    exercised  an  influence  on  the 
society  of  their  times  were  Alexander  Severus 
and  Aurelian  (Lamprid.  Vit,  Sev,  4 ;   Vit,  Aurel, 
49). 

(The  lod  dassici  on  Roman  sumptuary  laws 
are  Gellius,  Nodes  AtticaCf  ii.  24,  and  Macrobius, 
Satumaliaj  iii.  17.  See  also  Platner,  Exercit. 
II,  de  iegibus  sumptuariis  Romania^  Lips.  1752. 
On  the  whole  subject  of  sumptuary  legislation, 
see  Roscher's  Political  Economy^  ii.  p.  220  (£.  T.), 
and  his  article  Ueber  den  LtunUy  republished  in 
the  Anaichten  der  Vdkawirthichaft  atis  dem 
geschicht/ichen  Standpunkte.)  [A.  H.  G.] 

SUOVETAURrLLA,  the  triple  sacrifice  of 
bull,  sheep,  and  pig,  in  the  old  Italian  ritual  of 
lustration  [see  Ll'STRATIO,  Ambarvaua].  The 
word  solitaurilia  is  also  found,  and  was  explained 
at  length  by  Verrius  Fiaccus  (Festus,  293  a)  as 
having  the  same  meaning ;  see  on  this  question 
Jordan  in  Preller's  Horn,  Myth.  i.  421.  This 
sacrifice  was  doubtless  of  great  antiquity  in 
Italy,  the  three  animals  representing  the  most 


726 


SUOVETAUBILIA 


Tilnabls  itock  of  tbe  old  ItaliRD  farmer.     We 
find  it  in  what  wai  probublj  its  original  fonn  in 
Cftlo's  treatise  on  Hnsbandry,  where  the  ritual 
ia   giveD   for  the   luitralion  of  tbe  farm ;  the 
animals  were  driven  three  timei  rosnd  the  tields, 
and  sacrificed  with  a  prayer  to  Mars.     Here  we 
tind  not  only  the  saciitice  of  the  three  aoimali 
when    fnll-grown    (mojora),    but   alio   of  their 
youDg  iladfittia  or  minora;  cf.  Hemen,  Ada 
Pmtr.  An.  p.  143).    Next  we  bare  the  aame 
ritual  Applied  to  tovni,  as  in  the  Ambnrbia  and 
Ambarvalia,  and  to  the  Initration  of  the  people 
after  the  canioa ;  thus  Lirj,  describing  the  census 
of  Surin*  Tullius  <i.  44),  savs,  '•  Ibi  (in  Campo 
HiTtio)  exercilum  omnem  suovetaarilibua  lut- 
travit  i  idqne  couditum  luttram  appellatnni,  quia 
i>  cenaeDdo  finis  erat."      The  Tietims  were  h( 
driren  round  the  boat  before  aaciirice,  os  in  % 
country  lonnd  the  farm.     Ia  each  case  the  ii)t 
lying  at  the  root  of  the  ritual  were  eipiati 
uhI  pnriliontlan ;  the  two  being  iiiiepnrable 
the  old  ItaliaD  mind,  which  seems  also  to  ha 
conceired  of  iheie  religious  performancea  as  ii 
only  eBective  in  doing  away  with  avil  in  the 
past,  bat  aa  at  the  same  time  prolectiTC  agaituit 
"  n  the  futur 


The  s 


of  the  ' 


applied  (in  later  times  only,  we  may  aupposa) 
other  religions  ceremonies  besides  the  formal 
Inatration.  Thus,  iu  Lir.  viii.  ID,  we  tind  it  in 
the  ilnotio  of  Deciui;  it  is  here  still  in  close 
caaneiioD  with  Mars,  in  whose  woiship  it 
ewtainly  originated  (see  Cato,  I.  c).  So  also, 
in  the  sacrifices  after  the  winning  of  the  ipolvi 
■opitna  (Fest.  189),  it  is  mentioned  as  taking 
pUce  in  the  Cauipui  Martins,  and  at  the  altar 
of  Man.  But  the  conneiion  with  the  religion 
of  war  gradually  eitended  its  use  to  the  worship 
of  other  deities  in  particular  aspects :  thus  we 
find  it  in  the  triumph,  offered  to  Jupiter  and 
other  deities  (Serr.  ad  Ant.  ii.  627 ;  of.  the 
tritunphal  sacrifice  on  the  Column  of  Trajan). 
It  waa  indeed  contrary  to  the  old  jus  potUi/Scitmi 
to  sacritica  the  suoTetaurilii  to  Jnpiter  (so 
-eipressty  Ateius  Capito  in  Macrob.  iii.  10,  3); 
and  Serrius  (f.  c.)  mentioDi  the  triumph  ai  the 
noly  eiception  to  the  rule.  At  the  laying  of 
-the  foundation-atone  of  the  Capitol  in  Veapaaian's 
reign  (Tac.  Hial.  It.  53)  the  site  of  the  temple 
which  was  to  be  dedicated  to  Jupiter,  Judo,  and 
Uinerra,  was  previously  lust  rated  by  the 
suovetaurilia ;  but  it  does  not  appear  certain 
that  this  sacrifice  had  any  direct  reference  to 
those  deities. 

It  may  be  noted  that  the  history  of  this  nte 
rnni  ia  exactly  parallel  Imes  with  that  of  tbe 
deity  with  whom  it  waa  onginatly  and  at  all 


SUPEBFICIES 

eTentoally  becaoie  the  one  by  which  be  was  best 

agricultural  rite,  was  later  applied  to  wulilie 
purposes.  And  as  Mars  gradually  garg  way  id 
Jupiter  and  the  Cspitoliae  deities,  to  hii  aucitnl 
sacrifice  came  to  be  transferred  to  their 
worship. 

The  accompanying  cut  is  from  a  fine  relief 
now  in  the  Louvre,  formerly  in  Venice.  The 
suovetaurilia  is  also  represented  on  many  other 
tnanameoU  and  triumphal  arches.     [W.W.  F.] 

SUPERFICIES,  SUPEBFICUTllLS. 
The  doctrine  of  the  citU  as  of  our  own  law,  ia 
respect  of  things  attached  to  the  soil,  irss  that 
they  became  part  of  tbe  soil  itself,  anil  so  the 
property  of  its  owner  :  "superficies  solo  ccdit" 
(Gaius,  ii.  73);  "omne  quod  inaediGcalui  »b 
cedit "  (Inst.  ii.  1,  29).  Hence,  if  A  bnilt  on 
the  land  of  B,  he  had  no  remedy  igunit  the 
latter  if  he  claimed  the  laud  by  titidiait'i, 
unless  he  was  in  boria-fide  possession  of  it  him- 
self, in  which  case,  by  entering  tbe  pies  of 
dohu  matiOf  he  was  entitled  to  retain  pokScs^ioQ 
until  B  would  indemnify  him  for  the  eipeate  of 
building  it  (Inst.  ii.  30).  If  the  land  oeie 
built  on  land  held  onder  a  lease,  it  acquired  llie 
name  of  Aedes  Superficiariae  (cf.  Cic  ad  ia.  it. 
2,  "superficies  aedinm"),  but  was  in  DO  way 
excepted  from  the  general  rule.  "Both  byCiril 
and  Natural  law,"  says  Gains  In  Dig.  43, 18.  X 
"it  belongs  to  the  landowner;"  though,  ifejertol 
against  the  terms  of  his  agreement,  the  huildet 
might  of  course  obtain  damans  acaiibt  tbe 
latter,  but  not  reatitntion,  by  a 


Dwmgto 


calrE 


i,aswillbes« 


this  species  of  interest  became  eapedallyoHiiiiiiin 
at  Rome ;  and  where  the  right  had  been  ctnctdcd 
by  the  landowner  in  perpetuity,  or  at  Least  for 
a  Tery  long  term,  the  praetor  gnre  it  a  "real" 
character  by  entitling  the  penoa  to  whan  it 
belonged  botb  to  real  actions  and  to  inteidicti; 
a  change  based,  according  to  Ulpian,  on  tua- 
siderations  of  public  policy:  "aod  longe  atile 
visum  eat,  quia  et  incertum  erat,  an  loatio 
aiiateret,  et  quia  melius  est,  possjdere  potioi 
quam  in  personam  eipeiiri,  hoc  inlenliclcm 
purponcre  et  qnasi  in  rem  actionem  pollteeri" 
(Dig.  43,  18,  1,  1).  Tbe  ownership  of  the 
proprietor  of  the  soil  waa  not  called  iu  qnettioi, 
bnt  superficies,  the  interest  of  the  other  party, 
acquired  the  character  of  R  jut  in  ix  atima;  tni 
in  Dig.  30,  S6,  4,  it  is  actually  termed  strnlai. 
The  right  of  the  superGciarius,  whether  it  ei- 
tended over  the  whole  house  or  only  orer  s 
portion  of  it  (e.g.  a  flat,  Dig.  43,  17.  3, 1),  vu 
heritable  (Dig.  43,  18,  1,  T)  and  alienable  lolb 
inter  viroi  and  by  will:  he  could  assert  itagaiiit 
any  one  by  whom  it  was  infringed,  and  oat 
merely  against  the  ownen  of  the  soil  (Dig.  3(S 
86,  4;  39,  2,  19,  pr.);  had  the  fullest  use  of  the 
building  and  the  serTitades  auaeied  to  it;  <i>iiM 
pledge  and  creat*  servitudes  over  it  available 
for  the  duration  of  his  own  interest  (Dig.  43, 18, 
1,  6,  7  and  9  ;  7,  7,  1,  pr. ;  13,  7,  16,  2).  The 
duties  of  the  superfidariua  were  in  the  msia 
dtCermined  by  the  disposition  under  which  he 
acquired  his  right,  and  usually  cMopiiied  the 
payment  of  a  ground-rent  (aoAiriiiM)  to  the 
landonner  (Dig.  6,  1,  74;  20,  4,  15;  43,  S,  ^ 
17)  :  be  also  bad  to  pay  all  rates  and  taies  aitfa 
which  the  building  aa  such  was  cbargeahle  (Di;. 
43,  16,  1,  6).    For  the  recovery  of  the  honae,  if 


SUPEBFICIE8 


SUPER8TITI0 


727 


dispossessed,  he  could  use  in  their  tUilis  forms 
all  the  actioos  which  were  competent  to  a 
dominiis,  especially  Tindicatio,  actio  Pobliciana, 
negatoria,  and  confessoria  (Dig.  43,  18,  1,  1,  3 
and  6;  6, 1,  73,  1 ;  ib.  74,  75;  6,  2, 12,  3):  and 
against  the  owner  of  the  soil  he  could  in  most 
cases  bring  also  personal  actions  on  sale  or  hire 
<Dig.  43, 18, 1,  1).  That  he  had  some  sort  of 
possession  is  proved  hj  his  title  to  interdicts, 
though  as  to  its  precise  nature  there  is  a 
difference  of  opinion.  Some  writers  maintain 
that  he  had  representative  or  derivative  pos- 
session of  the  building  and  the  soil  as  well,  but 
this  is  disproved  by  the  landowner's  capacity  to 
use  the  interdict  Uti  possidetis  (Dig.  43, 17, 3, 7), 
for  '^  pi  ares  eandem  rem  in  solidum  possidere 
non  possunt "  (Dig.  41,  2,  3,  5).  That  he  could 
use  the  interdicts  De  vi  and  De  precario  in  their 
4irect,  not  uiUis  forms  (Dig.  43,  16,  1,  5 ;  43, 
26,  2,  pr.  and  3),  establishes  the  view  of  those 
who  attribute  to  him  original  possession  of  the 
building,  and  disproves  that  of  others  who 
credit  him  with  a  mere  juris  quati'poaaestio. 
The  praetor  also  gave  him  a  special  interdict  De 
superficiebus  (Dig.  43,  18,  1,  pr.  and  2),  which 
was  reiwsndae  possessitmis  caustXj  and  modelled 
after  Uti  possidetis.  There  is  no  evidence  that 
the  praetor  required  proof  of  traditio  of  the 
superficies  by  the  dominns  to  the  superficiarius 
9S  a  condition  of  granting  the  latter  his  real 
action,  though  some  hold  that  traditio  was 
essential  for  the.  alienation  of  a  superficies  al- 
ready created  (cf.  Dig.  43,  18,  1,  7).  Of  the 
modes  in  which  the  right  of  superficies  originated 
the  most  important  is  contract  with  the  owner 
of  the  soil,  who  by  gift,  exchange,  or  lease  (Dig. 
43, 18,  1,  pr.  and  3 ;  i6.  2)  might  permit  the 
other  to  build  on  his  land.  In  Dig.  48,  18,  1,  1, 
it  is  said  that  it  might  also  arise  from  sale: 
from  which  it  may  be  inferred  that  it  did  not 
always  originate  in  the  superfidarius'  building 
on  aU&num  so/wn,  bnt  that  the  owner  of  lund 
with  a  house  on  it  might  sell  or  let  out  the 
latter  without  the  soil  for  a  very  long  term  or 
in  perpetuity :  an  interest  which  afUr  causae 
cogmHo  the  praetor  might  treat  as  a  superficies, 
it  not  having  been  his  intention  to  ascribe  civil 
possession  and  real  rights  to  any  and  every 
lessee:  ^'qnod  ait  praetor  ....  causa  cognita 
....  sic  intelltgendnm  est,  ut  si  ad  tempus  quis 
snperficium  oondnxerit,  negetur  ei  in  rem  actio : 
«t  sane  causa  cognita  ei^qui  non  ad  modicum 
tempus  oonduxit  snperficiem,  in  rem  actio  oom- 
petit"  (Dig.  43,  18,  1,  3).  Besides  this,  super- 
ficies might  be  created  by  a  legacy  in  the 
landowner's  testament  (Dig.  30,  86,  4)  and  by 
adjndicatio  in  Kjudicum  divisoriwn.  Whether  it 
could  be  acquired  by  usucapio  is  disputed :  the 
passages  bearing  on  the  point  are  Dig.  6,  2,  12, 
3,  and  41,  3,  26. 

The  modes  in  which  superficies  was  ex- 
tinguished are  substantially  identical  with  those 
in  which  Ejcphtteusib  determined,  though  it  is 
a  moot  point  here  whether  the  landowner  could 
evict  the  superficiarius  on  non-payment  of 
solarium  for  two  years :  see  Dig.  19,  2,  54,  on 
which  the  affirmative  opinion  is  based. 

The  prominence  of  superficies  at  Rome  is 
commonly  ascribed  to  the  supposed  fact  that  at 
one  time  all  land  belonged  to  the  state,  which 
refused  as  a  general  rule  to  grant  ownership  in 
it  to  iadividuals,  but  was  not  averse  to  allowing 


them  to  build  on  a  hcua  puUicus  (Dig.  43,  8,  2, 
17),  an  example  of  which  is  found  in  the  assign- 
ment of  the  Aventine  to  the  plebs  by  the  Lex 
Icilia,  B.O.  456  (Dionys.  x.  31,  32 :  cf.  Puchta, 
Inatituihnenf  §  244,  note  e).  If  this  was  its 
origin,  there  is  no  doubt  that  when  private 
property  in  land  was  recognised  the  precedent 
was  largely  followed  by  municipal  corporations 
(of  which  there  is  a  good  instance  in  an  in- 
scription of  ▲.D.  193  in  Orelli's  Inscriptiones,  i. 
No.  39 ;  Bruns,  Fontes,  p.  91 :  cf.  Zeitschrift 
fur  g.  S,  xi.  219-238,  xv.  335-341)  and  in- 
dividuals ;  so  that  in  later  times  it  was  common 
at  Rome  for  the  ground  on  which  Insulae  were 
built  to  remain  the  property  of  the  owner  of 
the  soil,  while  other  persons  had  a  jus  supers 
ficiarium  in  the  different  stories,  in  respect  of 
which  a  rent  was  paid  by  them  to  him. 

(Gains,  ii.  73-75;  Dig.  43,  18;  Kiegolewski, 
dejure  &iperfioiariot  Bonn,  1848 ;  Rudorff,  Beitrag 
tur  Geschichte  der  Superficies^  **  Zeitschrift  fur  g. 
R."  xi.  219  sq. ;  Schmid,  Mandbuchj  iL  pp.  57  sq, ; 
Degenkolb,  Phtzrecht  und  Miethe,  Beitr&ge 
zu  ihrer  Oesckichte  tituf  Theorie^  1867 :  to 
these  may  be  added  Wl&chter,  Das  Superficiary 
Oder  Flatzrechtj  '' Abhandlungen  der  Leipziger 
Juristen-Facultilt,"  vol.  i.)  [J.  B.  M.] 

SUPEBSTI'TIO.  In  a  cerUin  sense,  all 
Oreek  and  Roman  religion  may  be  reckoned  as 
superstition :  for  none  of  it  was  free  from  error. 
But  it  is  right  to  make  a  distinction  between 
such  religious  beliefs  and  practices  as  were  ac- 
companied with  lofty  thoughts  and  sound  moral 
tendencies,  and  others  which  were  merely  male- 
volent or  foolish.  To  the  latter  alone  can  the 
word  ''superstition"  he  properly  applied.  It 
is  impossible,  however,  to  draw  any  sharp  line 
between  religion  and  superstition ;  error  lies 
close  to  truth  on  these  difficult  subjects.  How 
ijsr  acta  positively  harmful,  such  for  instance  as 
human  sacrifices,  were  at  any  time  mingled  with 
the  official  religion  of  Greece  and  Rome,  is  a 
question  not  easy  to  decide,  nor  does  it  form  the 
subject  of  this  article.  [See  Sacbificiuh; 
OsoiLLA ;  Thasoeua.] 

Our  subject  here  is  superstition  in  the  sense 
of  the  unlawful  and  guilty  dealing  with  super" 
natural  powers,  a  practice  which  is  ex  vi  termini 
not  religion,  and  of  which  the  popular  namo 
is  witchcraft.  We  find,  it  is  true,  in  early 
literature  the  union  of  medicine  with  incanta* 
tion  (Horn.  Od.  xix.  457 ;  Pind.  PyiA.  iiL  51), 
which  lasted,  though  with  less  credence  from 
educated  men,  into  later  times  (Plat.  Charmid. 
p.  155  E;  JSep,  iv.  p.  426  B;  Soph.  AJ.  582, 
with  Jebb's  note ;  Hermann-Bliimner,  PrivataiL 
355;  Mbdigxita):  but  this  was  beneficent  ac- 
tion and  belonged  to  the  medical  practice  of  the 
day ;  and  moreover  it  was  to  some  extent  con- 
nected with  a  religious  idea  of  prayer  to  the 
gods  for  recovery  (cf.  Pind.  I,  c. ;  Plin.  If.  N, 
xxviii.  §  10).  Of  what  would  strictly  be  called 
witchcraft  there  is  but  rarely  any  mention  in 
the  great  Greek  authors  down  to  the  end  of 
the  5th  century  B.C.  There  is,  of  course,  the 
legendary  Circe  of  the  Odyssey :  but  even  she  is 
too  much  a  goddess  to  be  a  witch ;  her  powers 
are  supposed  rightfully  to  belong  to  her.  Medea 
comes  more  near  to  the  idea  of  a  witch  (in  the 
ordinary  stories  of  her,  which  date  as  early  as 
Pherecydes  and  Simonides,  and  the  author  of 
the  NO0TO1,  as  at  least  the  argument  to  the 


728 


6UPERSTITI0 


SUPERSTITIO 


Medea  of  Euripides  affinsB) ;  but  MeJea  also  is 
legendary,  and,  which  also  is  to  be  noticed,  she 
comes  oV  a  barbarous  non-Greek  rate.  The 
Works  and  Days  of  Hesiod  is  a  poem  in  which 
we  might  certainly  expect  to  find  notice  of  witch- 
craft, if  it  existed  in  his  day ;  but  there  is  none. 
There  are  indeed  some  perfectly  trivial  super- 
stitions in  Hesiod,  parallel  to  ours  of  the  un- 
luckiness  of  *^  spilling  the  salt ; "  but  of  serious 
superstition  there  is  none.  In  Herodotus  witch- 
craft is  just  mentioned  (ii.  33 ;  iv.  105 ;  vii. 
191)  ;  but  in  the  two  former  passages  it  is  men- 
tioned in  connexion  with  purely  barbarous  tribes, 
in  the  last  passage  in  connexion  with  Persia. 
The  Magi  of  Persia  are  not,  properly  speaking, 
magicians,  though  the  word  *'  magic,"  is  derived 
from  them;  they  are  the  priests  of  a  lawful 
and  regular  worship,  supposed  to  enjoy  certain 
supernatural  powers.  Neither  in  Aeschylus  or 
Sophocles,  nor  yet  in  Aristophanes,  is  there 
any  mention  of  witchcraft,  though  in  the 
last-named  writer  there  are  passages  in  which 
it  might  most  naturally  have  been  intro- 
duced ;  e.g.  a  wizard  might  have  been  one  of 
the  visitors  to  Peisthetaerus  in  the  '*  Birds," 
just  as  the  oracle- monger  is ;  or  again,  in  tlie 
^  Clouds,"  Socrates  might  have  been  accused  of 
witchcraft,  whereas  on  the  contrary  he  appears 
there  as  a  sort  of  positivist.  In  Euripides  there 
is  mention  of  the  y6nns  (sorcerer)  and  the  i7ciflB6s 
(mutterer  of  incantations,  liippolyL  1038 ; 
Baoch,  234) ;  and  the  connexion  of  incantations 
with  Asia,  the  "  Lydian  land/'  in  the  last  pas- 
sage, is  notable,  as  pointing  to  the  natural  home 
of  magic  in  the  estimation  of  the  Greeks.  Yet 
the  mention  is  of  the  barest,  in  both  these  pas- 
sages. In  Antiphnn,  at  the  very  end  of  the 
5th  century,  there  is  the  charge  of  poisoning 
brought  by  a  man  against  his  own  stepmother ; 
and  the  stepmother  would  seem  to  have  de- 
fended herself  by  alleging  that  she  gave  the 
poison  as  a  "  philtre,"  to  bring  back  her  hus- 
band's love  (Antiph.  Karrtyop,  ^apfiax.  9).  Here 
is  an  approximation  to  witchcraft,  though  of  a 
mild  sort.  Plato,  agnin,  mentions  sorcerers, 
€.g.  in  Symp,  203  D ;  but  the  extraordinarily 
vague  mixture  of  words  in  that  passage,  ydifs 
Ka\  ^opfiaictbs  ical  ffo^iffr^s  (**  sorcerer  and 
poisoner  and  sophist ")  is  against  the  view  that 
sorcery  was  a  well  -  developed  or  specialised 
occupation  at  that  date.  In  another  place  he 
speaks  (^Gorg,  p.  513  A)  of  the  Thessalian  women 
who  **  are  said  "  to  draw  down  the  moon  from 
heaven.  In  [Demosth.]  c.  Aristogeit.  p.  793, 
§  79,  we  have  what  is  perhaps  the  earliest 
historical  instance  (apart  from  the  biblical  one, 
1  Sam.  xxviii.  3, 9)  of  a  woman  being  condemned 
to  death  on  the  charge  of  witchcraft ;  and  here, 
again,  the  accusation  of  poisoning  is  mixed  up 
with  the  more  mysterious  offence ;  though,  to 
the  common  mind,  ])oisoning  was  then  as 
mysterious  aa  witchcraft.  It  will  be  observed 
that  the  close  of  the  5th  century,  w^hich  is  the 
date  when  "  sorcerers  "  begin,  however  vaguely, 
to  be  mentioned  as  moving  about  t»  Greece^  is 
exactly  the  era  when  that  sincere  religious  belief 
which  we  find  in  Aeschylus  and  Pindar  begins 
to  fail,  and  scepticism,  though  abhorrent  to  the 
multitude,  takes  a  somewhat  wide  range  among 
inquisitive  and  thinking  men.  Pliny,  indeed 
(if.  N,  XXX.  §  1),  says  that  a  Persian,  Osthanes, 
introduced  magic  into  Greece  about  the  time  of 


the  Persian  wars;  but  even  if  this  wai  ao^  ifc 
was  but  a  seed  that  was  then  sown. 

The  superstition  of  the  ^  evil  eye  "  is  perhaps 
first  mentioned  in  Aristotle,  ProUem,  xx.  34  ; 
though  the  words  fiafftcaivm  and  iS^icavos,  in 
the  sense  of  "to  envy"  or  "envious,"  occur 
frequently  before  that  date,  and  in  very  earlr 
writers.  (The  story  of  Peisistratus,  givea  by 
Hesychius,  and  mentioned  under  FAfiClNUM^ 
should,  however,  be  noticed.) 

It  is  not  till  we  come  to  Theocritna,  at  th^ 
commencement  of  the  3rd  century  axx,  that 
witchcraft  appears  in  full  force,  as  in  the  well- 
known  second  idyll  of  that  writer.  (For  the 
remedy  of  "  spitting  thrice "  for  the  evil  eye,. 
cf.  Theocr.  vi.  39.)  At  this  period,  the  mixture- 
of  religions  over  that  vast  area  which  was- 
govemed  by  the  successors  of  Alexander,  the 
weakening  of  each  religion  as  a  separate  force, 
and  yet  the  inability  of  men  to  do  without  them,, 
afforded  the  most  favourable  possible  nidm»  for 
the  birth  of  irregular  superstitions. 

At  Borne,  magical  arts  are  mentioned  aa  early 
as  the  laws  of  the  Twelve  Tables,  which  forbid 
the  "  charming-away  "  of  amither  person's  cropn^ 
(cf.  Seneca,  Quoest.  liot.  iv.  7,  "et  apad  noa  in 
xii  tabulis  cavetur  ne  quis  alienos  frtictua  ex- 
cantassit ; "  also  Apuleius,  de  MagiOj  47  ;  Plinv  . 
H,  N.  xxviii.  §  17).     In  B.C.  329,  we  find  a  large 
number  of  Roman  matrons  accused  and  con- 
demned of  the  practice  of  poisoning,  and  per- 
haps witchcraft  as  well  (Li v.  viii.  18  :  the  words- 
recondita  cJia  should  be  noticed) :  the  first  time,. 
Livy  says,   that  the  offence  of  poisoning  was 
known  in  Roman  history.     He  adds,  that  it  was 
regarded  as  a  prodigy,  and  as  a  frensy  on  the 
part  of  the  guilty  persons ;  and  to  avert  similar 
catastrophes  in  future,  a  dictator  was  appointed,, 
who  drove  a  nail  into  the  right-hand  wall  of  the 
Temple  of  Jupiter  Optimus  Maximns  (this  place 
is  mentioned  in  vii.  3,  where  the  custom  is  first 
recorded), — an  ancient  rite,  originally  adopted 
as  a  method  of  computing  time,  but  afterwanls 
employed  superstitiously,  as  a  means  of  warding 
off  diseases  bodily  or  mental.     (See  ahio  Liv.  ix. 
28 ;  Plin.  If,  Jf,  xxviii.  f  63.) 

All  through  Roman  history  we  find  amuUis 
worn  to  avert  the  malign  influence  of  witchcraft, 
or  of  the  evil  eye  [Amulbtum  ;  Fascinum]  ; 
but  this  difference  is  noticeable  between  earlier 
and  later  times,  that  in  the  earlier  times  the 
amulet  bears  the  symbol  of  the  indigenous  god» 
of  Italy  (Picumnus,  Cama,  &c),  whereas  in  the 
later  times  all  sorts  of  foreign  gods,  Oriental 
and  Egyptian,  are  indicated  upon  them. 

It  is  when  we  come  to  the  closing  years  of  the 
Roman  republic,  and  to  the  times  of  the  empe- 
rors, that  we  find  the  most  extraordinary  de- 
velopment of  magical  arts  which  the  ancient 
world  affords.  The  irreligious  character  of  the 
art  is  then  vividly  borne  in  upon  us  by  the  fart 
that  the  magician  threatens,  instead  of  suppli- 
cating, the  demons  which  he  invokes  (Lucan,  vi. 
441-492).  It  is  impossible  to  doubt  that  at  this 
period  attempts  were  made  to  injure  enemies, 
and  to  obtain  private  advantages,  through  super- 
natural means,  in  such  a  way  as  to  exhibit 
magic  as  a  really  malevolent,  if  not  alto  a  male- 
ficent, practice.  Any  injury  which  it  really 
effected  must  have  been  through  the  fascination 
which  it  exerted  on  its  victims;  and  perhaps 
such  an  instance  as  that  in  C.  /.  JL  viii.  3756 


8UPER8T1TIO 


SUPPLICATIO 


729 


maf  ht  of  this  sort :  *'  Eunia  hie  sita  est  Fruc- 
tua«a.  .  . .  Qaaa  oon  nt  meruit  ita  xnorti«  sortem 
retnlit.  Carminibus  deHxa  jacuit  per  tempora 
multa,  ut  ejus  spirit  us  vi  extorqueretnr  [prius] 
quam  naturae  redderetur ;  cujus  admissi  vel  Manes 
rel  Di  cnelestes  erunt  sceleris  vindices."  It  is 
certain  that  itavage  tribes  have  often  supplied 
examples  of  the  disastrous  weakness  here  sup- 
posed. Numerous  tablets  of  contents  similar  to 
the  above  hare  been  found  (C.  /.  G,  538,  539, 
1034,  5858^:  in  Newton's  Biatory  of  JHacoteries 
at  Haiioamastut,  C^niduSf  and  Brandiidae^  ii.  719, 
and  others).  The  method  of  witchcraft  implied 
in  the  woitls  *'  carminibus  defixa  **  in  the  last- 
q  noted  passaj^  speaks  for  itself.  Other  methods 
were,  the  writing  of  the  name  of  obnoxious 
persons  on  tablets,  and  marking  them  with 
magical  signs  and  characters;  the  forming  of 
waxen  images  of  a  person,  and  causing  them  to 
melt  away  or  destroying  them  in  some  other 
gradnal  manner,  in  order  that  the  person  himself 
might  share  the  fate  of  the  image  (Verg.  Ed. 
Tiii.  80;  Hor.  Sat,  i.  8,  32);  the  collection  of 
magical  herbs  and  animal  matter:  in  this  last 
we  are  at  the  point  where  magic  touches  upon 
poisoning.  Several  incantations  have  been  re- 
cently fuund  in  Cyprus  in  subterranean  tombs 
(dating  probably  from  the  1st  century  A.D.), 
which  may  now  be  seen  in  the  British  Museum. 
They  consiist  of  thin  strips  of  lead  (cf.  **  plum- 
beae  tabulae,"  Tac.  Ann,  ii.  69),  on  which  the 
incantation  is  scratched,  beginning  in  some  such 
way  as  "  iroraS^M  So-and-sn,  his  shop  and  all  his 
property."  Often  words  of  unintelligible  magic 
jargon  are  inserted.  The  strips  have  been  rolled 
np  and  nailed  on  the  walls  within  the  tomb :  iti 
some  cases  the  material  is  different,  papyrus  or 
a  flat  piece  of  talc  It  must  be  observed  that 
the  essential  point  was  to  effect  an  entrance 
into  somebody's  tomb,  no  matter  whose ;  since 
the  spirits  would  then  be  sure  to  receive  the 
message,  and  work  the  evil.  If  the  tablet  could 
be  placed  in  a  temenos  of  the  Furies,  it  might 
be  laid  above  ground  without  so  much  -  trouble 
or  risk  of  fine  [see  Vectioalia  Tkmploruu; 
TrMDORUCHiA] :  but  otherwise  the  interior  of  a 
tomb  was  the  only  sure  place.  The  same  oppor- 
tunity could  doubtless  be  utilised  also  for 
obtAining  bones  to  place  under  the  house  of  the 
doomed  man  (Tac  L  c.)  or  nse  in  other  ways 
(Hor.  Sat,  ii.  8,  22 ;  cf.  Rkem,  Mua,  xviii.  p.  568; 
Wessely,  Or,  Zavberpapynu),  Besides  the 
malevolent  aims  above  indicated,  magic  also  had 
for  its  object  the  obtaining  the  love  of  an  un- 
willing person,  the  search  into  futuritv,  and  the 
making  of  gold  (Plin.  H,  N,  xxxiii.  §  79). 

Few  Roman  writers  from  Cicero's  time  on- 
wards are  without  some  mention  of  witchcraft. 
The  passages  in  Virgil  and  Horace  are  too  well 
known  for  detailed  reference,  in  Juvenal  and 
Tacitus  the  astrologers  (mathematicC)  are  subjects 
of  frequent  mention  (Juv.  vi.  562,  xiv.  248  ;*Tac. 
HisU  i.  22,  &c).  The  death  of  Germanicus  (Tac 
Ann,  iL  69  tqq,)  is  one  of  the  most  curious 
problems  in  history  for  the  doubt  which  it  affords 
as  to  what  exactly  caused  the  fatal  result ;  but, 
if  we  are  to  believe  Tacitus  (I,  c),  the  enemies  of 
the  prince  had  recourse  to  magic  as  one  of  the 
means  of  removing  him.  The  notices  of  magic 
in  Lncian  are  well  known. 

Christian  emperors  endeavoured,  as  Pagan 
emperors  had  done,  to  put  down   all  magical 


arts ;  but  the  result  was  by  no  means  equal 
to  their  success  in  putting  an  end  to  the  regular 
heathen  worship  (cf.  Beugnot,  Destruction  du 
Paganiame,  i,  243). 

How  far  the  philosophers  of  Greece  and  Rome 
countenanced  magic  has  been  a  subject  of  question. 
Of  course  such  persons  as  ApoUonius  of  Tyana, 
whose  life  is  a  collection  ofmyths,  and  Alexander 
of  Abonotichos,  who  was  an  arrant  knave,  are 
not  here  in  question.  But  when  Pliny,  for 
instance,  atiirms  that  Pythagoras  practised 
magic,  we  must,  considering  all  that  we  know 
of  Pythagoras  from  other  quarters,  withhold  our 
assent,  indeed,  the  grounds  for  affirming  it  of 
any  true  philosopher  are  very  slight.  Aristotle, 
according  to  Origen  (c  Ceis.  i.  p.  19),  clearly 
rejected  it.  So  also  did  the  celebrated  physician 
Galen  (de  Smpl,  vi.),  who  laments  the  disposition 
of  a  certain  Pamphilus  to  go  after  sorcery  and 
incantations  while  picking  herbs,  and  declares 
that  such  practices  are  entirely  outside  the  art 
of  medicine. 

The  principal  writers  who  may  be  referred  to 
on  this  subject  are  Tiedemann,  Disarrtatio  gttae 
fuerit  artiwn  tnagicartun  origo;  Wachsmuth, 
Von  der  ZavberkoMt  der  Oriechen  und  Jiomer,  in 
the  Athenaeum  of  Berlin  (ii.  209  aqq.) ;  liochas 
d'Aiglun,  La  Science  des  Fhilotopket  et  I* Art  dee 
Thaumaturges  dnns  VAntiquite,  Paris,  1882,  &c ; 
J.  A.  Hi  Id,  £tude  sur  lea  Demons  ,  .  •  des 
GrecSf  Paris,  1881 ;  Maury,  La  Magie  ct 
rAstrologie  dans  rAntiquit^^  &c.,  1860;  and 
Marquardt,  StaatavertccUtung^  iii.  108  - 114. 
To  the  latter  book  this  article  is  much  in- 
debted. [J.  R.  M.] 

SU'PPABUS.  The  aupparus,  which  by 
writers  of  the  Silver  age  was  also  called  stip- 
parwn  (cf.  Studniczka,  Beitrdge,  p.  90,  note  68), 
was  a  linen  garment  worn  at  Rome  in  the  early 
days  of  the  Republic.  It  was  apparently  used 
by  both  sexes,  though  it  was  a  woman's  rather 
than  a  man's  garment  (cf.  Afranius,  Epiat  p.  180>, 
ed.  Ribbeck,  *'  taoe,  puella  non  sum  supparo  si 
induta  sum  ").  The  passage  which  throws  most 
light  on  its  shape  is  that  of  Lucan,  where 
speaking  of  Marcia,  Cato's  wife,  he  says : 

**  Homerisqus  baerentla  primis 
Snppsra  nudatos  dngnnt  sngusta  lacertos." 

This  seems  to  show  that  the  aupparus  was  a 
form  of  mantle,  not  a  long  apron,  as  a  passage 
in  Nonius  (p.  540,  8),  which  is  probably  cor- 
rupt, tells  us.  Unfortunately  it  has  not  yet 
been  recognised  on  any  monument. 

From  a  derivation  from  the  Oscan,  which 
Varro  mentions  but  rejects  (£.  L,  5,  131),  it 
has  been  thought  that  it  was  borrowed  from  the 
people  of  that  name.  However  this  may  be, 
there  seems  little  doubt  that  it  is  connected 
with  siparum  and  vi^e^os  (a  sail),  and  through 
them  with  ^apot.  This  derivation  is  corro- 
borated by  the  fact  that  they  are  all  of  linen, 
and  by  the  curious  coincidence  that  ^apos  also 
was  a  name  both  for  mantles,  sails,  and  linen 
cloth  generally.  (Studniczka,  p.  90  ff. ;  Iwan 
Miiller,  Handbuch^  pp.  876,  927  ;  Marquardt, 
PriwUleben,  p.  484.)  [W.  C.  F.  A.] 

SUPPLICA'TIO.  A  religions  rite,  or  series 
of  rites,  decreed  with  two  different  objects: 
viz.,  1,  as  a  solemn  act  of  thanksgiving  to  the 
gods  on  account  of  a  victory  or  successful 
campaign ;  or  2,  as  .nn  act  of  humiliation,  on 


40 


^0 


SUPPLIOATIO 


SYCOPHANTES 


account  of  some  calamity,  actual  or  impend- 
ing, such  as  pestilence  or  defeat,  or  oilener  on 
account  of  the  occurrence  of  prodigies  and 
portents,  which  were  supposed  to  threaten  eyil 
to  the  state. 

When  a  snpplicatlo  was  decreed  in  the  sense 
of  a  thanksgiving,  the  procedure  was  as  follows : 
— ^The  senate  was  consulted  by  a  magistrate, 
and  authorised  the  consuls  to  issue  an  edict 
fixing  the  number  of  days  oyer  which  it  should 
extend,  and  other  necessary  particulars,  such  as 
whether  it  should  be  confined  to  the  city  only, 
of  should  take  place  throughout  the  extent  of 
the  Tribus  Rusticae  also,  or  even  in  the  allied 
Italian  communities ;  and  to  what  god  or  gods 
special  adoration  should  be  paid  (cf.  Lit.  xxvii. 
51,  xxxiv.  42,  xl.  28,  xlv.  3 ;  Cic.  Phil.  xir. 
14,  37,  where  the  senatorial  decree  is  given  in 
full ;  in  this  last  case  in  the  absence  of  both 
consuls,  as  in  many  others,  the  edict  is  to  issue 
from  the  Praetor  urbanus).  This  method  of 
procedure  was  continued  even  under  the  Empire 
(Mommsen,  Staatsrechtf  iii.  2,  1061,  note  6). 

A  supplicatio,  in  the  sense  of  prayer  and 
expiation,  was  also  set  on  foot  by  senatorial 
decree;  but  in  this  case  the  magisterial  edict 
(indictio)  was  based  on  the  advice  of  a  college 
of  priests  (cf.  Mommsen,  /.  c).  In  simple 
matters  of  expiation  the  senate  would  refer  the 
question  to  the  pontifices,  who  decreed  the 
necessary  simple  pvictt/a,  according  to  old  Roman 
custom  (Liv.  xxiv.  44,  9;  xxx.  38,  9),  in  the 
form  of  a  novendiale  sacrum  or  obsecratio  (Mar^ 
quardt,  Staatn,  iii.'  260);  but  in  difficult 
matters,  as  for  example  where  the  meaning  of  a 
portent  is  doubtful,  they  refer  the  question  to 
the  keepers  of  the  Sibylline  books  [Decbmyiri 
8ACRX8  FACiUKDis],  who,  after  consulting  the 
books,  advise  a  supplicatio,  sometimes  with  the 
addition  of  a  fast  {jejvmvm)  or  of  a  novendiale 
sacrum  (Liv.  xxxvi.  37).  In  one  instance  at 
least,  Livy  represents  a  supplicatio,  in  this  case 
of  one  day  ouly,  as  resulting  from  a  decree  of 
the  POMTIFICES  (Liv.  xxvii.  37;  cf.  xxxii.  1, 
where  he  makes  the  hantspices  take  the  place  of 
the  keepers  of  the  Sibylline  books).  It  does  not 
therefore  seem  certain  that  in  every  instance  an 
«xpiatory  supplicatio  was  the  result  of  an 
«xamination  of  the  sacred  books;  but  in  the 
majority  of  cases  it  was  so,  and  the  ritual  of  the 
ceremony  must  be  considered  as  closely  bound 
vtp  with  the  Greek  forms  of  religious  usage, 
introduced  into  Rome  through  the  instrumen- 
tality of  the  books  and  their  interpreters  [see 

LlBRI  SlfiTLUNl]. 

The  development  of  the  rites  of  supplicatio  in 
the  course  of  Roman  history  cannot  be  traced 
with  certainty.  The  elaborate  ritual  of  the 
LeotiitemiOn,  which  formed  the  chief  part  of  an 
expiatory  supplicatio,  as  well  as  (in  later  times 
at  least)  of  those  which  were  decreed  as  thanks- 
givings (Cic.  Phil,  xiv.  14,  37),  belonged  to  an 
age  in  which  Greek  deities  and  Greek  worship 
had  made  their  way  into  the  Roman  state  [see 
Lectisternia].  All  the  prominent  features  of 
the  Lectisternia  were  Greek:  the  reclining 
position  of  thje  images  of  the  gods ;  the  pros- 
tration of  the  worshippers,  and  the  garlands 
they  wore.  Was  there  a  purely  Italian  germ 
on  which  this  foreign  ritual  had  engrafted  itself? 
Such  a  germ  may  perhaps  be  found  in  the 
Italian   piaculum  or  expiatory  sacrifice,  which 


was  capable  of  being  extended  in  length  and 
importance  in  the  case  of  either  periodical  lus- 
tration or  of  alarming  prodigia,  and  was  often 
accompanied  by  processions  and  other  rites,  as 
we  see   it  in  the   great  ritual   inscription   of 
Iguvium  (Tab.  vi.  Bucheler,   Umhriocu,   pp.   42 
foil.).     Some  even  of  the  features  of  the  Ucti- 
stornia  may  possibly  be  traced   to   an   Italian 
origin  (Prcller,  iZJ/n.  Myth,  i.*  150):  Varro,  e,fj.y 
tells  us   (ap.  Serv.  ad  Aen.  x.  76)  that  at  the 
birth   of  a  child  a  couch  was  spread  in   the 
atrium  of  the  house  for  Picnmnus  and  Pilumnus 
— deities  whose   antiquity   is  some   guarantee 
for  that  of  the  practice;  and  in  the  domestic 
worship  of  the  Lares  it  was  customary  to  set 
apart  mr  them  a  part  of  each  meal,  and  to  use 
wine,  incense,  and  garlands  (Marquardt,  iii.  128). 
Again,  the  obsecratio,  which  often  formed  a  part 
of  the  general  ritual  of  the  supplicatio  (as  in 
Liv.  iv.  21,  5;  xxviL  11),  and  which  consisted  of 
a  formal  prayer  led  by  the  priests  and  repeated 
by  the  people,  in  contradistinction  to  the  prayers 
and   prostrations  of  the  Oraecus  ritus^  where 
everyone  prayed  on  hb  own  behalf,  betrays  a 
genuine  Italian  character.    But  as  the  Greek 
spirit  entered    more  and   more  into   religious 
usage,  not   only  the    ordinary  features  of  the 
lectistemia,  but  elaborate  processions  of  singing 
virgins,  and  other  such  rites  as  are  dascribed  in 
Liv.   xxvii.   37,   were  added  to   the    ordinary 
ceremony  of  the  supplicatio. 

A  sufjplicatio  in  early  times  lasted  from  one 
to  five  days  (Liv.  iii.  63,  5 ;  v.  23  ;  x.  23  ;  xxi. 
8).  Later  on,  in  proportion  as  it  lost  the  reality 
of  its  religious  meaning,  its  length  increased  to 
ten,  fifteen,  twenty,  and  even  fifty  days ;  but  in 
these  cases  it  seems  always  to  have  been  a 
ceremony  of  thanksgiving,  and  not  of  exjnation. 
A  supplication  of  ten  days  was  first  decreed  in 
honour  of  Pompeius  at  the  conclnsion  of  the 
Mithridatic  war  (Cic  dePrxm.  Cons.  11,  27),  and 
one  of  fifteen  days  after  Caesar's  victory  over 
the  Belgae,  an  honour  which  Caesar  himself 
says  had  never  been  granted  to  anyone  before 
(Caes.  B.  0.  ii.  35).  Later  a  supplicatio  of 
twenty  days  was  decreed  after  hb  conquest  of 
Vercingetorix  (^B.  0.  vii.  90).  From  this  time 
the  senate  seems  to  have  frequently  increased 
the  length  out  of  mere  compliment  to  the 
general  (Dio  Cass.  xliiL  14  and  42;  Cic  Phil. 
xiv.  14,  37).  In  these  cases  it  was  of  oourae 
impossible  that  all  the  days  should  be  public 
holidays  [Feriae]  ;  nor  does  it  seem  likely  that 
at  any  period  a  supplicatio  necessarily  implied  a 
holiday  (Liv.  iii.  5 ;  xl.  28).  A  supplicatio  was 
in  the  last  age  of  the  Republic  usually  regarded 
as  a  prelude  to  a  triumph,  but  it  was  not  iJways 
followed  by  one,  as  Cato  reminds  Cicero  in  a 
letter,  after  a  supplicatio  had  been  decreed  in 
his  honour  during  his  proconsubhip  in  Cilicia 
(Cic.  ad  Fam.  xv.  5).  The  same  honour  was 
conferred  upon  Cicero  on  account  of  hb  sup- 
pression of  the  conspiracy  of  Catiline;  this 
being  the  first  occasion  on  which  it  had  been 
awarded  to  any  one  acting  in  a  civil  capacity 
[TOGATUS],  as  he  frequently  takes  occasion  to 
mention  (Cbe.  iiL  6,  10;  m  Pii.  3,  6;  Phil.  iL 
6,  13).  [W.  W.  F.] 

8YGOPHANTE6  ((rvKo^amff).  Piatarch 
{Sol.  24)  explains  o-vico^arreZr  as  the  informing 
against  a  man  for  exporting  figs,  and  refers  to 
an  ancient  law  forbidding  the  export.    [Difletent 


8YC0PHANTES 

reasons  hare  been  suggested  for  this  prohibition: 
some  say  that  the  Athenians  wished  to  keep  this 
fruit  to   themselves  (Ister  /r.   35=Athen.  iii. 
p.  74  e) ;  others  that  the  law  was  passed  at  the 
time  when   the  fruit  had  only  just  been  dis- 
covered  (Schol.   Plat,  de    Rep,  i.  p.   340  D; 
Photius  and  Suid.  s.  v.  trvKo^am^uf :  cf.  Schol. 
Aristoph.    Plut,    874),   probably   in    order    to 
increase   its    cultivation  in   Attica.]      Boeckh 
(JSihh,  i.'  p.  55)  prefers  to  connect  avKo^airruv 
with  information  against  the  stealing,  not  the 
exporting  of  figs,  and  suggests  that  the  term  may 
either  have  arisen  out  of  charges  brought  by 
informers  against  persons  who  in  some  time  of 
famine  had  robbed  the  sacred  fig-trees,  or  that, 
since  the  theft  of  fruit  in  general  was  punished 
with  great  severity  at  Athens  (Alciphr.  Epist, 
tii.  40),  it  was  in  time  applied  to  all  those  who 
brought  such  chargM,  which  came  to  be  looked 
apon  as  vexatious  and  harsh.     Lancelot  Shad- 
well  (in  a  commentary  on  Luke  iii.  14)  rejects 
these   explanations:    "The    first    and    obvious 
meaning  of  <rvKopdmis  is  not  one  who  shows 
up  them  that  export  figs  or  steal  figs,  but  one 
who  discovers  figs***      Starting   from    Photius' 
explanation  of  o'ctio'cu  as  auKtHptarr^freu^ — imhr&y 
ritiucp6Bua(ru6in-tty,  Ti)A«icA«(8i}t  ^Kfk^uerimtnv 
^LXX'  its  tianw  kar&v  K^croi  o'cto'ai  ical  tcfrnff" 
tca\4ffayTfs  vav<rcur0e  9iKwy  iXKtiKo^yttv  (Mein. 
/>.   Comic,   ii.  p.   364).     *Apurro^^(Ki|t  Acura- 
Acvcrtr*   ^cretoy*  jrov¥  XPhv^"^*  igw^tKovp  irdKuf 
4<rvKo^dunovy  (ii.  p.  1040,  fr.  20), — ^he  supposes 
^  that    the   usage   of   trtlttv  in    the  sense  of 
extorting  money  was  derived  from  the  notion  of 
shaking  fruit  trees,  and  that  the  common  notion 
of  <rv«o^arrc<y  was  also  derived  from  the  same 
source.    Sc/ciy  koI  (rv«o0ai/T«7i'(Antiph. dl0<Sa/^at. 
§  43)  describes  the  operation  of  one  who  shakes 
a  fig-tree  in  order  to  discover  the  fruit ;  for  by  his 
shaking  the  fig-tree,  all  the  ripe  figs  are  made  to 
fall  off.     When  these  words  are  transferred  to 
the  business  of  an  informer,   o-eUty  means  to 
agitate  a  man  by  threatening  to  inform  against 
him,  and  avKo^avr^ty  means   to  discover    his 
money;    1.0.  to   make   him  pay  a  large  sum 
of  money  in  order  to  escape  from  the  vexation 
of  a  lawsuit.     Thus   a  man's  money  is  called 
bis    '  figs,'  a    rich  man    is    said    to    bo  *  full 
of  fruit,'  one  who  bleeds  easily  is  said  *  to  be 
ripe,'  and  to  extort  money  from  a  man  is  called 
*  plucking  his  figs ' :  e.g.  Aristoph.  £qu.  324,  259, 
etc"* 

Whatever  the  term  may  have  signified  ori- 
ginally, it  came  to  be  applied  to  all  ill-natured, 
malicious,  groundless,  and  vexatious  accusations ; 
it  is  defined  by  Suidas,  rh  ^tv9&s  riyhs  Karri- 
'yop€iy. 

Sycophantes,  in  the  time  of  Aristophanes  and 
Demosthenes,  designated  a  person  of  a  peculiar 
class,  not  capable  of  being  described  by  any  single 
word  in  our  language,  but  well  understood  and 

*  A  quite  different  explanation  is  suggested  by  Zeno- 
doms  (TMf  vcpl  vwifitiws  iwiTOfui  in  Miller,  Melange* 
de  LitUfraturc  grecque,  p.  412)  :  ^ori/iMU'  oiy  cxomrcc 
oc  'Atfiiraloi  tit  rh  irpMTOt  (1.  vpwroy)  avroi  kafitif 
ovKOWt  Kox  rpbf  iyaBov  ouavw  rvvTO  ri0(/*cFot  «k  Tovf 
aypovf  imrKonnov  koX  cif  rckc  trvKat  ^ijrovinrcf  ri 
vitMtpAp  rt¥  Uot*  KoX  rh  iiiv  trpStrov  avKoaxovot  ckA^^ 
h  0<Mpi^af  ovrb  irfiwTttK,  vvrtpov  M  WKO^mrfi,  airb 
Tov  ^^a*  T0  ovKO¥  cat  oAAotf  3«t£a4.  o  yovr  vcptcpTWf 
*X*^  '*P^  *^C  oXAorptbvc  ^mvc  xol  tnttnrwnv  xai  cfi- 


SYCOPHANTES 


731 


appreciated  by  an  Athenian.     He  had  not  much 
in  common  with  our  sycophant,  but  was  a  happy 
compound  of  the  common,  barretor,  informer^  petti' 
fogger,  busybody,  rogue,  liar,  and  slanderer.     The 
Athenian  law  permitted  any  citizen  (rbv  fiovKd^ 
fi^vov)  to  give  information  against  public  offen- 
ders, and  prosecute  them  in  courts  of  justice 
(Pint.  Sol,  18).     This  was  done  to  encourage  the 
detection  of  crime,  and  a  reward  {e,g.  rh.  riidari 
r&y  4Ku^tW»y,  [Dem.]  c.  Theocr,  p.  1325,  §  13 ; 
C.  J.  A,  ii.  No.  203  b,  etc. ; — rck  rpla  fitpri  &  ^jc 
r&y  v6fi»y  r^  181(6x17  r^  inroypdi^airri  ylyyerat, 
Dem.  c.  Nicostr.  p.  1247,  §  2,  etc.)  was  frequently 
given  to  the  successfnl  accuser.     Such  a  power, 
with  such  a  temptation,  was  likely  to  be  abused, 
unless  checked  by  the  force  of  public  opinion,  or 
the  vigilance  of  the  judicial  tribunals.     Unfor- 
tunately, the  character  of  the  Athenian  demo- 
cracy— and  we  may  say  of  any  democracy.  Pint. 
Ttmol,  37 — and  the  temper  of  the  judges,  fur- 
nished additional   incentives    to    the   informer 
(Isocr.  c.  Callim.  §§  9,  10 ;  Xenoph.  Afem.  iv. 
8,  5;  see,  however,  Hyper,  pro  Eux,  c.  45). 
Eminent  statesmen,  orators,  generals,  magistrates, 
and  all  persons  of  wealth  and  influence,  were 
regarded  with  jealousy   by   the   people.      The 
more  causes   came  into   court,  the  more   (ew 
accrued  to  the  judges,  and  fines  and  confiscations 
enriched  the  public  treasury.     The  prosecutor 
therefore  in  public  causes,  as  well  as  the  plaintiff 
in  civil,  was  looked  on  with  a  more  favourable 
eye  than  the  defendant,  and  the  chances  of  suc- 
cess made  the  employment  a  lucrative  one  (^y- 
yKurroyturr6fW¥  y4yos,  Aristoph.  Av,  1695  ff. ; 
(iiy  ix  rov  ffvKo^ayruy,  Isocr.  de  Permut,  §  164 ; 
Xenoph.  Hell.  ii.  3, 12,  etc).     It  was  not  always 
necessary  to  go  to  trial,  or  even  to  commence 
legal  proceedings.  The  timid  defendant  was  glad 
to  compromise  the  cause,  to  escape  the  annoy- 
ance and  anxiety  of  a  public  trial,  or  to  save  his 
reputation,  for  not  to  have  prosecuted  nor  to  have 
been  prosecuted  was  a  much -coveted  distinc- 
tion (Lys.  de  Afect.  Tyran.  Apol,  §  3 ;  Isocr.  c. 
Euihyn,  §§  5,  8 ;  Pint.  Comp,  Nic.  c.  Crasso,  I ; 
Lys.  c.  Eratosth,  §  4,  pro  Mantith.  §  12 ;  Isae. 
Cleon,  §  1 ;  Hyperid.  pro  Lycophr,  c,  14,  etc.).- 
When  Lycnrgus  bought  off  an  information  for  a 
talent,  and  was  charged  with  this,  he  said  he  was 
much  pleased  that,  after  having  administered  the 
affairs  of  the  state  for  so  long  a  time,  he  was 
accused    rather   of   giving   than   of   receiving 
([Pint.]  Vitt.  X.  Oratt,  p.  842  B).     Bich  people 
who  were  especially  the  prey  of  these  informers 
tried  to  be  on  good  terms  with  them  ($€patrtvtty, 
Xenoph.  Symp.   4,   29  f.).      When  Crito   com- 
plained to  Socrates,  that  for  a  man  who  wished 
to  mind  his  own  business  it  was  difficult  to  live 
at  Athens, — that  at  this  very  time  people  were 
bringing  actions  against  him,  not  because  they 
had  suffered  any  wrong  from  him,  but  because 
they  thought  that  he  would  rather  pay  them  a 
sum  of  money  than  have  the  trouble  of  law  pro- 
ceedings,— Socrates  advised  him  to  secure  the 
services  of  a  man  skilled  in  the  law,  to  defend 
him    against    them;    Crito  did    so    and  lived 
henceforth    in     peace    (Xenoph.    Mem,   ii.  9). 
There  was  another  source  of  income  for  these 
sycophants :  they  laid  informations  against  people 
for  money,  e,g.  Oephisius  received  1000  di-achmas 
from  Callias  for  laying  an  information  against 
Andocides  (Andoc.  de  MysU  §  121).     Thriving 
informers  found  it  not  very  difficult  to  procure 


732 


SYCOPHANTES 


witnesses  :  according  to  Theopompus  (Athen.  vi. 
]i.  254  b),  Athens  was  full  of  SioyvaoicoKdKuy, . . 

SoirAirr^pwv.  The  character  of  the  WKo^iirrtu 
will  be  best  understood  by  the  examples  and  de- 
srriptions  found  in  the  Attic  writers.  Aristo- 
phanes directs  the  keenest  edge  of  his  satire 
against  them.  (See  particularly  Acharn.  818  ff. ; 
At,  1410 if.;  Plut  850 ff.)  Demosthenes  says: 
irotniphy  6  avKo^tdyrris  &cl  koX  fftwrax^^v  koI 
fiJuTKoyoy  Koi  ^lAafrioy  {de  Cor,  p.  307,  §  242 ; 
cf.  c,  EufjtU.  p.  1309,  §  34).  'XvKO<t>ayT(ty 
rptdKoyra  fiyas  in  Lysias  (c.  Evand,  §  24)  signi- 
fies *'to  extort  thirty  mintis  by  sycophanU 
like  practices."  (See  further  Acschin.  de  F.  L. 
§  145 ;  Dem.  de  Cor,  p.  291,  §  189,  etc.) 
That  the  increase  of  litigation  and  perjury  was 
in  some  measure  owing  to  the  establishment  of 
clubs  and  political  associations,  and  the  violence 
of  party  spirit,  may  be  gathered  from  various 
passages  of  tho  Attic  writers  (Thuc.  yiii.  54, 
\v¥%»pM9iaiL  Ifii  Sffcois  ical  hjpx^^  \  Deni.  c.  Boeot, 
i.  p.  995,  §  2  =  ii.  p.  1010,  §  9,  ipywrriiptoy 
vvKo^(urrmy\  cf.  c.  Zenoth,  p.  885,  §  10;  c. 
Pantaen.  p.  978,  §  39 ;  c.  Theocr,  p.  1335,  §42). 
The  Athenian  law  did  indeed  provide  a  remedy 
against  this  mischievous  class  of  men.  There 
was  a  ypauft^  avKotpcanlas  tried  before  the  Thes- 
mothetae  (Poll.  viii.  88,  40 ;  the  title  of  Lysias' 
speech  against  Aeschines  was  not  wtpl  avico^ay- 
rlas,  as  Diog.  I^ert.  ii.  63  says,  but  irtpl  xp4^i : 
cf.  Sauppe,  Oratt,  Att.  ii.  p.  251).  Any  person 
who  brought  a  false  charge  against  another,  or 
extorted  money  by  threat  of  legal  proceedings, 
or  suborned  false  witnesses  to  give  evidence  that 
a  summons  had  been  served  (Boeckh,  Kleine 
Schriften^  iv.  p.  4),  was  liable  to  this  ypa^. 
He  might  also  be  proceeded  against  by  ciVa^- 
y§\ia,  irpo$o\iit  or  ^«o"«  (Isocr.  de  Peitn.  §  314 ; 
Poll.  viii.  47).  The  trial  was  an  kyity  rifi7ir65 
(Lys.  c.  Agorat.  §  65,  a  fine  of  10,000  drachmas : 
cf.  Harpocr.  s.  v.  waktycdpfros ;  iriftot  4k  ovico- 
4>ai/rfai,  Aeschin.  de  F.  L.  %  177,  cf.  Hyper. /)ro 
Eux,  c.  44— according  to  Heraldus,  Anim.  p.  555, 
capital  punishment  was  the  rule,  but  Andoc.  de 
Myst.  §  20  applies  to  a  false  it.i\ywrit^  not  to  a 
ypa^  ovKo^ayriaf),*  Besides  this,  if  any  man 
brought  a  criminal  charge  against  another,  and 
neglected  to  prosecute  it  (^cIcAtfciv),  he  was 
liable  to  a  penalty  of  1000  drachmas,  and  lost 
the  privilege  of  instituting  a  similar  proceeding 
in  future,  which  was  considered  to  be  a  species 
of  An/lira  ([Dem.]  c.  Theocr.  p.  1323,  §  5  f. ;  Lex, 
Jihet,  Cantabr,  p.  669, 20  ff. ;  Dem.  c.  Mid,  p.  548, 
<»  103:  when  a  ^irif  against  a  merchant  was 
not  prosecuted,  the  punishment  of  the  accuser 
was  specially  severe,  [Dem.]  c.  Theocr,  p.  1324, 
§  10  f.,  cf.  Heffter,  Ath.  Qerichtswrf,  ji.  199). 
The  same  consequence  followed  if  he  failed  to 
obtain  a  fifth  part  of  the  votes  at  the  trial  (Dem. 
c.  Androt.  p.  601,  §  26 ;  p.  647,  §  80,  etc.)  ex- 
cept in  an  tl<ruyytKia  Ktuc^tws  (Isae.  Pyrrh, 
§47 ;  Dem.  c,  Pantaen.  p.  980,  §46),  in  a  charge 
for  destroying  a  sacred  olive  (Lys.  pro  Smto 
Oleay  §  37),  and  in  an  ttuayytKia  for  political 


*  Charondas  ordained  rouv  cvl  avKo^ayritf  xarsyMto^ 
Btrra^  ircpurarcif  «oT«^avia|Miwc  iJ^vpucg  (Died.  Sic. 
xii  12);  and  Tennes,  rote  ra  4itv6ii  Kanryopovaxv 
6rt<r^r  waptirrdyeu  fhv  ftffiiof  wiXtKw  iw^pftdvov  it 
i^K^vrav  mtpaxn/uL  Jipotptuf^oi  (Snid.  Tci^iof 
avtfpwiroc). 


SYLAE 

oflencea  up  to  a  certain  time,  after  which  tii« 
unsuccessful  accuser  was  made  liable  to  a  fine  of 
1000  drachmas  without  incurring  iriftta  (PoU. 
viii.  53).  The  time  when  this  change  took  place 
can  only  be  approximately  fixed.  The  accuser 
was  iu((y9vyos  at  the  date  of  Hyperides'  speech 
pro  Lycopftr.  (c.  7,  10) ;  but  when  Demosthenes 
was  assailed  in  the  period  following  the  disaster 
of  Chaeronea  by  every  kind  of  legal  engine  that 
could  be  brought  to  bear  upon  him,  the  accuser 
became  liable  to  a  penalty  (and  this  was  most 
likely  the  one  mentioned  by  Pollux  and  Har- 
pocration,  viz.  1000  drachmas),  or  Demosthenes* 
prominent  mention  of  the  fact  of  his  aecnsers 
having  not  received  rh  fitpos  rAy  i^^wr  would 
be  pointless  {de  Cor.  p.  310,  §  250,  ovitour  iy  liky 
oTs  uiniyy€X.6fi'riy  St*  iart^^t(€c$4  ftov  tceHk  Th 
liipos  T&y  i^^ipwy  ro7f  ZiAxowrty  ob  pl€tM99T€, 
etc.).  The  same  fine  was  incurred  if  any  nnan 
denounced  a  scrutiny  against  an  orator  and  failed 
to  obtain  one-fifth  of  the  votes  (Dem.  c  Androt, 
p.  599,  §  21 ;  p.  600,  §  23).  The  hrwfitXim  in 
civil  actions  was  a  penalty  of  the  same  kind 
and  having  the  same  object :  viz.  to  prevent  the 
abuse  of  legal  process,  and  check  frivolous  and 
unjust  actions.  Such  were  the  remedies  pro- 
vided by  law,  but  they  were  found  inefficacious 
in  practice;  and  the  words  of  Aristophanes 
(Pint,  885)  were  not  more  severe  than  true: 
**  There  is  no  charm  against  the  bite  of  a 
sycophantes"  (Drumann,  tL  ArbeUer  u.  Comnm- 
nisten  in  Griechenl.  pp.  96-105 ;  Bnchsenschutz, 
Besitz  ti.  Ertccrhy  p.  568  f,;  Att.  ProetsSf  ed, 
Lipsius,  p.  297  n.  285,  pp.  413  ff.,  914  f.,  952  f., 
245).  [C.  R.  K.]     [H.  H.] 

8YLAE(<rt)Xai).  When  a  Greek  staU  declare^l 
war  against  another  (Xen.  /Ml,  v.  1,  1  xad 
Schol. ;  Dem.  c.  Mid.  p.  570,  §  173 ;  Dem.  c. 
Timocr,  p.  703,  §  12,  and  Wayte's  note,  etc.),  or 
when  it  or  any  of  its  members  had  received  an 
injury  or  insult  from  some  other  state  or  some 
of  its  membeni,  and  the  former  was  nnwillinfr, 
or  not  in  a  condition,  to  declare  open  war,  it 
was  not  unusual  to  give  a  commission  or  grant 
public  authority  to  individuals  (who  sometimes 
formed  a  kind  of  company :  oi  M  A«/ar  oix^M**'*'''* 
Dig.  iv.  de  Coll.  [Erani])  to  make  reprisals. 
This  was  called  (ri^Aas  or  o-vAa  UMpqx  nyX  tuetd 
riyos  (Dem.  c,  Lacrit.  p.  931,  §  26  ;  Bekk.  Atteod, 
p.  303,  27 :  o-i^Aa  Bovyai  Ketri.  r^t  XaXic^BoAt§y 
w6\ttas  •  ixiypd^M  r^r  w6\iy  Xporei^ai)  or 
?id^vpoy  iiritaip^rrtiyj  ^wrta  KttrayytW^iy  rtyi 
(Polyb.  iv.  26.  36,  53,  etc.).  Soidas  explains 
<r^Kas  by  (ruAX^if^cir  (cf.  schol.  Dem.  c.  Lacrit, 
p.  927,  and  Etym,  M.  s.  v.  irvAai).  Scheibe 
(Jahrh.  f.  class.  PhiM,  Suppl,  i.  p.  352  f.)  dis- 
tinguishes thus  between  ovXoa  and  trvkai 
**  o-DAor  valere  praedam  ipsam,  viXas  antem 
pignora  quae  ob  pecuniam  debitam  auferaatur 
(fere  i.  q.  pitria) ; "  but  see  [Arist.]  Oeeon.  ii. 
p.  1347  (ii.  10  Didot),  ovAoy  lx«^  xard  runs. 
Thus,  when  the  Lacedaemonians  thought  the 
Athenians  had  broken  the  treaty  with  them  by 
making  incursions  from  Pylus,  they  issued  a 
proclamation  that  any  of  their  subjects  might 
commit  depredations  on  the  Athenians  (AqtCcs^tfat 
robs  'AOriyalovs,  Thucyd.  v.  115).  In  Lys.  c 
A'tcom.  §  22,  we  read  Boisrrovs  o^Aas  woMvyi^wPS, 
because  the  Athenians  were  unable  to  repay  two 
talents  which  the  Boeotians  had  probably  ad- 
vanced to  the  Athenian  exiles  (for  the  support 
given  to  these,  cf.  Lys.  /r.  78 ;  Dinarch.  c.  ie9L 


8TLL0GEIS 


BTMBOLAEOX 


733 


§  25).  Demosthenes  {de  Coron,  Trierarch,  p.  1232, 
§  13)  declares  that  the  deputy-captains  of  tri- 
remes so  misbehared  themselves  in  foreign 
countries,  plandering  everybody  they  came  near, 
that  no  Athenian  could  travel  safely  itii  rhs  6wi 

where  MpoXif^of  refers  to  the  arrest  of  the 
person,  ir^of  to  the  seizure  of  goods  (see  aUo 
de  CKerson.  p.  96,  §§  25,  28).     In  the  yavTiK^ 
^rvyypu^il    in  the  speech   of  Demosthenes    (c. 
ZacriL  p.  927,  §  93),  one  of  the  conditions  is 
that  goods  may  be  landed  only  5irov  &y  /t^  trvKat 
^9  'A9i|m(ois,  I.e.   wherever  the    Athenians 
iuiv«  no  rights  of  reprisal,  and  where  therefore 
Athenian  ships  in  their  turn  were  not  in  danger. 
When  any  booty  was  taken  by  Athenian  subjects, 
the  people  of  Athens  reserved  to  themselves  the 
right  of  determining  whether  it  was  lawfully 
taken,  whether  it  ought  to  be  kept  or  restored, 
jind  what  should    be  done  with   it  (Dem.  c. 
TUnocr,  p.  703,  §  12,  6s  &vox€<poroi^o-a9'  hiuts 
pAl  ^kta    cirai,    cf.  argttmentunK   p.    695    f. ; 
Uinerva  of  the  Parthenon  received  the  tithe, 
}>.  741,  f  129,  cf.  Lys.  c  Polifstr,  §  24;  Doeckh, 
iStAA.  t.'  p.  399).    The  same  practice  prevailed 
in  other  cities,  e^.  in  Chalcedon :  iwhp  9h  r&y 
nvXmwiuitKdffeufTO'  roTs  8^  nh  9ucai»s  trvXtiSuviy 
4i  wikis  krh  r&w  wpov6im¥  ireSfdov,  [Arist.] 
Oeoon.  ii.  p.  1347.     It  would  seem  that  special 
treaties  were  made  between  states  for  the  pro- 
tection of  property  against  reprisals:  thus  the 
covenant  between  Oeanthia  and  Chaleion  (Ran- 
gab^  Ant  ffelUh.  No.  356  b  =  Hicks,  Gr.  Hiator, 
Inscr.   No.  31)  prevented    either    state    from 
injuring  foreign  merchants  whilst  visiting  the 
other's  port,  and  gave  moreover  certain  rules  for 
the  court  at  either  city  before  which  a  foreigner 
who  had  unjustly  suffered  seizure  might  get 
redress  (cf.  BuiL  d,  Corresp.  hell.  ix.  p.  162). 
Sometimes  as  a  special   privilege   iurvKla  was 
frranted  to  individuals :   C.  /.  A.  ii.  No.  46,  cf. 
C  I.  G,  No.  2056,  eYowAovff  koI   ImrAovf  koX 
wo\4/ioy  Ktd  eip^yift  kav\§\  Kal  iurnopMf  etc. 
The  theatrical  artists  enjoyed  it :  cf.  C,  I,  A,  ii. 
Ko.  551,  1.  19  ff. :  /xj^  i^iffrw  M  /iijScyl  iytiy 
Thr  rffxytrcD^  M^*  wo\4fiov  fi'hr*  tlp^in^s  fiifi^ 
cvAoy  9\ii¥  iiuf  XP^^*  'x^^  WXci  p  hr6j^§tft 
Mol  4ia^  a^  f  tSiArov  itrixp^^^  ^  rc^Wraf :  1. 84, 
/ti|94  tfnAoy  tiiiih  Pv9i/i(iuf :  cf.  Le  Bas,  At.  Min, 
No.  84^  4urvkia  jcol   iur^dkua  KoBits  ical  rois 
AunntffuiKots  rexr^oif.      The  Athenian   grain 
fleet  was  usually  accompanied  by  a  convoy  of 
men-of-war  to  protect  them  agaiust  the  priva- 
teers (Dem.  de   Cor,  p.  251,  §  77 ;  c.  Polyd. 
p.  1211,  §  17).     The  ancient  practice  may  be 
compared  with  the  modern  one    of   granting 
letters  of  marque.    (Stilmaslus,  de  Mod,  Ueur, 

p.  211  if. ;  R.  Dareste,  Bevue  dee  Audea  Orec- 
q\%e9,  1889,  p.  305  ff. ;  Biichsenschtits,  Beeitz  find 
£rw.  p.  543  ff.)  [C.  R.  K.)    [H.  H.] 

SYXLOGEIS  (trvKkoyus),  collectors,  the 
name  of  two  distinct  offices  at  Athen*.  1.  The 
<rvAAo7fir  rov  94ifwVf  or  Collectors  of  the  People, 
seem  to  have  been  thirty  members  of  the  senate 
(fiovKevreS)  chosen  annually,  three  from  each 
tribe;  the  three  who  were  Prytanes  for  the 
time  being  acted  as  presidents.  It  is  further 
conjectur^  with  great  probability  that  they 
were  identical  with  the  thirty  assistants  of  the 
Leziarchi,  mentioned  as  checking  the  attendance 
at  the  assembly  (Eoclesu,  p.  6986;  Kohler, 
Mitth.  dee  ArtMol.  Inst.  vii.  102  ff. ;  FrMnkel  on 


Boeckh,  notes  394,  430).  They  had  also  duties 
in  connexion  with  the  state  festivals.  In  the 
important  inscription  of  334  B.C.  respecting  the 
DiiRMATiKON  (C.  /.  A,  ii.  741,  Boeckh,  Sthh,*  ii. 
107  ff.)  they  are  associated  with  the  fio&ratf 
^irificAiiral  r«r  Aioffwrlw,  and  Upowotol^  and 
recorded  to  have  paid  in  721  drachmas  from  the 
Oiympia  (properly  'OXv/tvtcio,  as  in  the  Inscr. ; 
cf.  Oltmpia,  p.  273  6).  2.  There  were  also 
<rvAAo7c<s  appointed  as  special  commissioners, 
like  the  ffii^ueoi  and  iirnrroi  [Syndicub  ; 
Zetetae],  to  make  lists  of  the  connscated  pro- 
perty of  oligarchs  and  bring  it  into  the  trea- 
sury (Isae.  ap.  Harpocr.  s.  v,\  Lex,  Seguer, 
p.  304,  4,  oXrufes  kmeypd^rro  rks  overias  rStv 
oXiyapX^^'^*  SchSmann  thinks  that  they  were 
appointed  only  on  one  particular  occasion,  after 
the  expulsion  of  the  Thirtv;  and  the  gram- 
marian who  writes  ianypa^rro  may  easily 
have  mistaken  this  for  a  general  rule  (SchOmann, 
AeeembUeSf  p.  317  =  301  tr.  Paley ;  Meier,  de 
Bon,  Damn,  p.  206  ;  AU.  Process^  p.  125  Lips. ; 
cf.  pp.  310,  759,  959).  Boeckh  does  not  distin- 
guish the  two  kinds  of  0i;AAo7Cis  {P.  E, 
pp.  158,  215  =  Sthh.*  i.  192,  272).       [W.  W.] 

SYMBOLAEOK,  SYNALLAQMA,  SYN- 
TUE'CE  ((Tv/u^^Aouor,  cwdWay/Ao,  vvyHiini) 
are  all  words  used  to  signify  a  contract,  but  are 
distinguishable  from  one  another.  Ilufifi6\au>p 
b  used  of  contracts  and  bargains  between  private 
persons,  and  peculiarlv  of  loans  of  money :  thus 
ovfAfieiKMUf  c/ff  riufipiwoiu  is  to  lend  upon  the 
security  of  the  slaves,  Dem.  c.  Aphob.  p.  822, 
§  27,  cf.  Isae.  Arietardi.  §  10 ; — Dem.  c.  jSenoth. 
p.  884,  §  7 ;  c.  Phonn,  p.  907,  §  1 ;  c  Timoth. 
p.  1185,  §  2;  c.  Dhnyeod,  p.  1284,  §  4). 
XwdWaryfui  signifies  any  matter  negotiated  or 
transacted  between  two  or  more  persons,  whether 
a  contract  or  anything  else  (Dem.  c.  Onet. 
p.  867,  f  12;  p.  869,  §  21 ;— c.  Apat,  p.  896, 
§  12  ;— <;.  Timocr.  p.  760,  §  192  ;  p.  766,  §  213). 
Svi^mi  is  used  of  more  solemn  and  important 
contracts,  not  only  of  those  made  between  private 
individuals,  but  also  of  treaties  and  conventions 
between  kings  and  states  (Thuc.  i.  40,  v.  18, 
viii.  37 ;  Xen.  Heli.  vii.  1,  2  ;  Dem.  de  Rhod.  lib, 
p.  199,  §  20;  c.  Aristog.  i.  p.  774,  §  16,  etc). 
Here  we  may  observe,  that  ffVK0^Kai  is  mostly 
used  in  the  plural,  instead  of  ovyO^mi,  the  only 
difference  being,  that  strictly  the  former  signifies 
the  terms  or  articles  of  agreement,  in  the  same 
manner  as  Sio^froi,  the  testafneutary  dispositions, 
is  put  for  StaO^mif  the  will.  UvtifioKtd  and  later 
aififioXa  (Harpocr.  a,  v.)  signified  originally  a 
compact  between  two  states,  in  late  Greek 
between  two  private  persons  [Syubolon,  Dikai 

APO]. 

As  to  the  necessity  or  advantage  of  having 
written  agreements  between  individuals,  see 
SrNORAPHE.  National  compacts,  on  account  of 
their  great  importance,  and  the  impossibility  of 
otherwise  preserving  evidence  of  them,  were 
almost  always  committed  to  writing,  and  com- 
monly inscribed  on  |nllars  or  tablets  of  some 
durable  material  (Thuc.  v.  23, 47 :  see  Aristoph. 
Acftam,  727).  Upon  a  breach,  or  on  the  ex- 
piration, of  the  treaty,  the  pillars  were  taken 
down  (Dem.  pro  Megahp.  p.  209,  §  27). 

For  breaches  of  contract  various  actions  were 
maintainable  at  Athens :  (1)  in  a  general  way 
cvfAfio\ait$r  (Lys.  de  Pec.  PuU,  §  3,  Xax^r  4 
iror^fi  warrhs  rod  avftfioKedov  'E/MM'iOTpcCryX  ^^ 


734 


SYMBOLOX 


6YMB0L0N 


irwBiiK&tf  xapa$da€us  9lini  (Poll.  vi.  153 ;  viii. 
31);  (2)  more  specially  XP^^**^  (Poll.  viii.  31), 
wherever  a  debt  had  become  due  by  reason  of 
some  previous  contract;  (3)  ipyvplov  (Bekk. 
Anaod,  p.  201,  5tt6  fin, ; — Dem,  c.  Boeot,  i. 
p.  1002,  §  25 ;  c.  Olympiod.  p.  1179,  §  45) ;  Cai- 
lippus  brought  this  action  against  Apollodoms, 
because  the  latter's  father,  the  banker  Pusion, 
had  paid  over  a  certain  sum  of  money  depcwited 
with  him  by  Lycon  of  Heradea  to  Cephisiades 
instead  of  to  Callippus,  the  prozenus  of  Heradea. 
(4)  ik^pfjL^s  (Dem.  pro  Phorm,  p.  943,  argument 
and  p.  948,  §  12 :  cf.  Caillemer,  Le  Contrat  de 
prit  a  Athmes,  p.  28  if.).  ApoUodorus  brought 
this  suit  against  Phonnio,  claiming  after  his 
father's  death  a  sum  of  twenty  talents  alleged 
to  have  been  transferred  to  Phormio  by  his 
father  as  part  of  the  working  capital  of  the 
business ;  and  (5)  fi\dfifiSt  e.</.the  action  against 
Dionysodorus  for  the  non-fulfilment  of  a  contract 
([Dem.]  c.  Dionysod,  p.  1291,  §  27).  The  main 
point  of  difference  might  be  this:  that  in  a 
general  action  for  breach  of  contract,  the  plain- 
tiff went  for  unliquidated  damages,  which  the 
court  had  to  assess ;  whereas,  upon  a  claim  to 
recover  a  debt  or  certain  sum,  the  court  had 
nothing  more  to  do  than  to  determine  whether 
the  plaintiff  was  entitled  to  it  or  not ;  the  ity^w 
was  iLrlfirfTos.  All  such  actions  were  tried 
before  ol  rerrapdHoima  {Att.  Process^  ed.  Lipaius, 
pp.  675  f.,  697  f. ;  p.  220  f.).   [C.  R.  K.]  [H.  H.] 

SY'MBOLON,  DIKAI APO  (ZUai  itwh  trvfi- 
fi6\wy).  The  ancient  Greek  states  had  no  well- 
defined  international  law  for  the  protection  of 
their  respective  members.  In  the  earlier  times 
troops  of  robbers  used  to  roam  about  from  one 
country  to  another,  and  commit  aggressions  upon 
individuals,  who  in  their  turn  made  reprisals, 
and  took  the  law  into  their  own  hands.  Even 
when  the  state  took  upon  itself  to  resent  the 
injury  done  to  its  members,  a  violent  remedy 
was  resorted  to,  such  as  the  giving  authority  to 
take  avKOf  or  picta,  a  sort  of  national  distress. 
As  the  Greeks  advanced  in  civilisation,  and  a 
closer  intercourse  sprang  up  among  them,  dis- 
putes between  the  natives  of  different  countries 
were  settled  (whenever  it  was  possible)  by 
friendly  negotiation.  It  soon  began  to  be 
evident,  that  it  would  be  much  better,  if,  in- 
stead of  any  interference  on  the  part  of  the  state, 
such  disputes  could  be  decided  by  legal  process, 
either  in  the  one  country  or  the  other.  Among 
every  people,  however,  the  laws  were  so  framed 
as  to  render  the  administration  of  justice  more 
favourable  to  a  citizen  than  to  a  foreigner ;  and 
therefore  it  would  be  disadvantageous,  and  often 
dangerous,  to  sue  a  man,  or  be  sued  by  him,  in 
his  own  country.  The  most  friendly  relation 
might  subsist  between  two  states,  such  as  0i//i- 
/iAX^o  or  iwtyofiiof  and  yet  the  natives  of  each 
be  exposed  to  this  disadvantage  in  their  mutual 
intercourse.  To  obviate  such  an  evil,  it  was 
necessary  to  have  a  special  agreement,  declaring 
the  conditions  upon  which  justice  was  to  be 
reciprocally  administered.  International  con- 
tracts of  this  kind  were  called  eifA0o\a,  in  older 
language  ^v/jifiokal  (C  /.  A.  iv.  No.  96,  1.  4 ; 
ii.  No.  11, 1.  13,  eta),  defined  by  Harpocration 
(s.  e.)  thus,  ffw^KOL  ts  &y  &AA^Aa»  al  ir6\§ts 
04fjL€V(u  rirrmixi  tois  woKlrms  &or€  8i8^irai  Kal 
XafABdutiM  rit  Zliauai  and  the  causes  tried  in 
pursuance  of -such  contracts  were  called  iUteu 


itwh  vvn$6\m¥.  No  such  agreement  has  been 
preserved  to  ns,  and  a  few  casual  references  by 
writers  and  some  fragmentary  inscripttoDS  afford 
UA  but  little  information  concerning  the  terms 
usually  prescribed.  Perhaps  the  most  im- 
portant passage  on  this  subject  is  [Dem.]  de 
ffaion,  p.  78,  §§  9-14,  from  which  it  appears 
(1)  that  such  agreements  in  the  case  of  Athens 
were  ratified  by  a  Heliastic  court  (under  the 
presidency  of  the  Thesmothetae,  Poll.  TiiL  88  ; 
Reiske,  Ind,  Oraee.  Dem,,  and  Goodwin  in  Amer. 
Joum.  of  PhiM,  1880,  p.  10  ff.,  wrongly  refer 
the  demand  of  Philip  for  the  right  of  it^pmeis 
not  to  the  ratification  of  the  agreement  itself, 
but  to  a  confirmation  of  the  judgments  rendered 
by  the  Athenian  courts).  The  other  contracting 
state  was  therefore  compelled  to  send  envoys  to 
Athens  with  power  to  conclude  the  treaty  as  it 
was  drawn  up  and  settled  by  the  Thesmothetae 
and  the  Heliastic  court.  Host  of  the  atates  with 
whom  the  Athenians  had  to  deal  were  content 
to  acquiesce  in  this  regulation.  Philip,  however, 
would  not  submit  to  it,  and  demanded  that  the 
tenns  should  receive  final  ratification  in  Mace- 
donia. Evidently  his  reason  for  this  was,  as  is 
plainly  stated  by  the  orator  (HegesippnsX  that 
he  might  introduce  in  the  treaty  an  admission 
on  the  part  of  the  Athenians  of  the  lawfulness 
of  his  holding  Potidaea. 

(2)  That  by  such  ag^reement  there  was  as 
between  the  citizens  of  the  contracting  cities 
(and  only  these,  cf.  Polyb.  zxxii.  37)  reciprodtr 
of  suing  and  being  sued  (cf.  Arist.  Pol,  iii.  1, 3  Sl. 
o^S*  01  rmp  9ueai»y  iitr^xoPT^t  o9rtfs  fi^rc  ccU 
9lHri¥  {nr4x9tp  Mtl  htcdCfffBav  rovroyitp  iiwi^9t 
jral  roif  &ir^  ffVfj^Kmv  Koumvovirt ;  see  also  iii. 
5  (9),  11,  ffi^ftfio^a  T^pl  rov  fiii  ASureir:  thus 
the  trvfAfioXa  contained  a  special  provision  that 
a  freeman  should  not  be  arrested:  /i^  ^uvat 
fi4i9^  ffp|ai  ft^^c  d^o'ai,  [Andoc]  c.  Aleib.  §  18). 

(3)  That  the  prindple  of  such  agreements 
was  oausa  aequUwr  forum  rei,  ie.  the  decision 
was  given  in  the  court  of  the  defendant's  city 
(Platner,  Proc  u.  Kiag,  i.  p.  109),  whilst  the 
laws  according  to  which  the  causes  were  decided 
were  not  those  of  the  adjudging  city,  but  laws 
made  binding  by  the  a^fifioKoL  upon  those  who 
sued  under  them. 

(4)  That  Slum  krh  ffVftfi^Kmr  had  the  same 
sphere  as  the  ddrai  ifunpucal^  and  that  com- 
mercial people  would  stand  in  need  of  them  the 
most. 

There  were,  however,  as  we  learn  from  in- 
scriptions, some  essential  points  of  difference 
between  iUai  iarh  0Vfi$4\mp  and  ZUtu  iftwopuKoi, 
In  the  latter  the  suit  was  held  in  the  state 
where  the  contract  was  made,  ie.  eama  9eqmiur 
forum  ooniractuSf  and  was  decided  by  the  general 
laws  of  that  state,  and  not  by  the  partacniar 
stipulations  of  the  e^/ifio\a:  thus  a  9iinf 
iftmpueh  could  be  maintained  against  an 
Athenian  on  a  contract  made  in  Mao^onia  only 
if  the  Athenian  was  caught  in  Macedonia.  This 
follows  from  C,  I,  A»  ii.  No.  11 :  suits  on  con- 
tracts made  at  Athens  with  Phaselitans  must  be 
tried  at  Athens  before  the  Polemarch  srofttvsp 
X(oif :  for  all  other  contracts  made  with  Phase- 
litans' suits  must  follow  the  terms  of  the  d^ 
/BoAo,  and  such  lUau  kth  tr»ft06xmf  were  under 
the  rrffftM^a  of  the  Thesmothetae  (Poll.  viiL  881 
Friinkd  (ds  Ckmdic  jufjwitdiet.  wcAOLp,  71) 
and  Gilbert  {Oriech^^aaiaalt.  i  |i.40a>wionglv 


6TMB0L0X 


SYMBOLON 


735 


infer  from  this  inscription  that  the  mle   of 
vvfifio^a  was  cauaam  sequi  fontm  contractus; 
for   the  decree  makes  a  special   exception  as 
regards  contracts  made  at  Athens  hy  Phaselitans. 
Again,  it  is  evident  from  C.  /.  A,  iv.  No.  61  a, 
].  17  ff.,  that  fF^iAfioXa  provided  not  only  that 
individual   citisens  of  the    contracting    states 
might  sne  one  another,  bat  also  that  one  state 
might  sue  an  Individual  citizen  of  the  other 
state  or  vice  venA  (roTs  tBiArats  wphs  rohs  tdiAras 
^  tBtAri^  wphs  rh  Kowhp  ^  r^  kow^  wphs  iiiAn^vy. 
In  the  case  of  an  individnal  citizen  of  one  state 
bringing  a  snit  against  another  state,  resort  was 
probably  had  to  a  ir^Aif  ftueKirros  (Stahl,  de  8oc, 
Athen,  tudiciis,  p.  10.    Good vp  in,  I.  e,  p.  8,  sup- 
poses that  in  the  o^ptfioXaM  a  mle  such  a  wiXit 
^jNcAqrof  was  appointed ;   see  Hicks,   Manual^ 
No.  149  A,  §  6),  t.tf.  the  court  of  a  third  state 
was  called  in  to  decide  the  dispute :  e,g.  if  a 
citizen  of  an  allied  city  brought  a  suit  against 
Athens,  it  could  hardly   be  expected  that  an 
Athenian  court  would  give  judgment  against 
Athens ;  here  therefore,  for  obvious  reasons,  the 
rule  cftusam  tequi  forum  rei  was  departed  from, 
and  the  decision  entrusted  to  the  conrt  of  a 
third  city  agreed  upon  by  the  two  parties  to 
the  suit.    (In  a  similar  manner  the  claim  of 
thirty  talents  made  by  the  children  of  Diagoras 
against  the  people  of  Calymna  was  decided  by  a 
Cnidian  tribunal,  Anc,  Qreek  Inscr,  ed.  Newton, 
ii.   No.   299.)      It  was    a  recognised  practice 
among  the  Greeks  to  refer   disputes    to    the 
tribunal  of  a  third  state:  thus  the  Corcyrians 
proposed  to  Corinth   to  refer  the  question  of 
Epidamnus  to  any  Peloponnesian  cities  which 
they  both  should  agree  upon:  Thuc.  i.  28,  cf. 
▼.  79,  oi  94  Tts  vHp  ^%ffifAdx»fP  w6\ts  ir6\€t 
4pl(ciy  h  w6\uf  ikB^ip  ftrriya  tffc»  iifi/poip  reSs 
woiStci  Sojcctoc,  etc;    and  such   causes   were 
called  fKKkfrrot  BUeai  (cf.  Hesych.  a,  v.  al  M 
^«n|f  Aey^/ACMU  irol  oOk  iv  rp  iriJAf i),  and  the 
city  chosen  by  the  parties  to  the  suit  tiacKuros 
w6Kts  (ef.  C,  /.  A.  iL  No.  308 :  Iirci5^  rov  t^faiov 
To9  *A6i}rai«y    koI   rov    koivov    rov    BoutrSv 
trOfifioXotf  Ton^aii4pmw  wfht  hXX^iKovs  koI  IAo- 
liwwp  inkktfTov  r^v  Aafu4uv  ir^Aiy  AreS^^CEVo 
KoBiuv  rh    docairr^pMw,    eta.    Pint.    Apophth, 
Laoon,  p.  215  c;  Aescbin.  c.  Tim.  §  89,  etc). 
There  is  no  evidence  for  Hndtwalcker's  {pi&tetenf 
p.  124-  f.)  opinion  which  makes  a  ir^Xit  firi(Ai|rof 
merely  one  of  the  two  contracting  cities  to 
which  a  case  is  carried  on  appeal  from  the  other, 
each  being  a  city  of  appeal  for  all  suits  tried  in 
the  others  courts,  so  that  e,g,  a  Rhodian  in  a 
suit  with  an  Athenian  trlM  at  Athens  could 
appeal  to  Rhodes,  while  an  Athenian  in  a  snit 
with  a  Rhodian  tried  at  Rhodes  could  appeal  to 
Athens.  As  Platner(/.  c.  i.  p.  110)  and  Goodwin 
(/.  c  p.  8)  point  out^  the  whole  purpose  of  o^/i- 
^oAa  with  their  appointment  of  suits  to  be  tried 
in  either  country  would  be  frustrated  if  either 
party  at  his  pleasure  could  annul  the  judgment 
in  any  suit  and  carry  the  case  for  trial  before 
the  courts  of  his  own  country. 

According  to  the  grammarians,  the  name  SIjccu 
kith  mfjkfi&mv  was  given  also  to  the  causes 
which  the  subject  allies  of  the  Athenians  sent 
to  be  tried  at  Athens  (Bekk.  Aneod.  i.  p.  436,  1 : 
*K9tivoMi  kwh  ^yfA$6AMr  49iicaiCow  rois  Owiik6ois  * 
o(^«f  'Apfrror^Ai^f.  Hesych.  s.  o.  itirh  trv/i- 
fi6\cnr  4itica(op  *A(hpmoi  4arh  ovfi04\ttp  rots 
imifii6msy  ao)  Tiwro  ^p  X"^**^*    ^®^^*  '^^^  ^^ 


iarh  av/jifi6Xwv  9^  (9lKfi   ^v)  Sre  ol  &i6fifiaxoi 
iiuedCoyro}.    The  fact  that  the  Athenians  had 
tr^fifioXa   both  with  autonomous  and   subject 
allies  is  placed  beyond  doubt  by  inscriptions; 
e.g.  ■  from   the   words  Kork  rhs  ^t/jifio']Kiis  o(I 
^o^v  wph  roi&rov  rod  XP^^^*^lt   ^   •'•  ^*  *▼• 
No.  96,  in  a  decree  referring  to  the  Mytilenaeans 
after  their  reduction  in  427  B.C.  we  may  con- 
clude that  the  Athenians  had  a^fifioXa  with 
them  both  before  and  after  the  revolt.     C.  /.  A. 
iv.  No.  61  a  and  it.  No.  11  (if  Ktthler's  reading 
in  1.  13  is  correct :  irorr^  rks  irplf^  |v/i/9oA^) 
show  us  iinat  iarh  ovftfiokuv  with  subject  allies; 
and  Thucjrdides  (i.  77)  also  refers  to  this  class 
of  causes  (though  Boeckh,  Sthh,  I.*  p.  476  n. ; 
Grote,  Hist,  of  Oreece,  v.  p.  306  n. ;  and  Goodwin, 
/.  c.  p.  14  f.  are  of  opinion  that  BIkoi  ^v/jl0o\1' 
ftmoi  are  not  d^Kai  kwb  <rviifi6Xanfy  but  suits 
about  IvfifiSXoM  or  business  contracts).     But 
e^jA^oXa  involve   reciprocity,  and   trials  held 
under  them  were  maintained  in  tho  courts  of 
the  defendant's  city;  in  statements,  however, 
like  ^Uiadov  *KBrfiftuoi  kwh  trv/Afi6xafP  rois  6in|« 
K6oUy  there  is  no  mention  of  this  redproctty. 
However,  as  Morris  {Amer.  Joum*  of  PhiM. 
1884,  p.  806)  points  out,  'Mt  would  no  donbt 
practically  come  to  pass  that  most  of  such  suits 
would,  even  by  the  terms  of  the  treaties,  have 
to  be  tried  in  Athenian  courts.    For  in  most 
cases  the  Athenians  would  be  the  defendants. 
The  feelings  with  which  the  dominant  Athenian 
demos,  as  a  whole,  regarded  the  subject  allies, 
could  hardly  fail  tu  exhibit '  themselves  in  the 
dealings  of  individual    Athenians    with  those 
with  whom  they  had  commercial  relations ;  and 
so  it  would  come  to  pass  that  in  the   great 
majority  of  such  cases  it  would  be  the  citizen  of 
an  alli«l  state  who  was  the  plaintiff,  and  he 
must  necessarily,  therefore,  sue  in  an  Athenian 
court.    We  may  consider  idso  that  suits  brought 
against  Athenians  by  citizens  of  any  one  of  the 
subject  cities  would  all  be  tried  at  Athens ; 
whereas  the  suits  brought  by  Athenians  against 
any  citizens  of  their  tributary  states  woidd  be 
tried  one  at  Rhodes,  another  at  Phase)is,  another 
at  Samos,  and  so  on.    The  judicial  range,  there- 
fore, of  the  Athenian  courts  must  have  greatly 
surpassed  that  of  the  courts  of  any  one  of  the 
allies,  perhaps  of  all  of  them  together;  and 
thus,  even  without  any  formal  InirMtion  of  the 
reciprocity  implied  by  the  existence  of  tr^fkfioXa^ 
the  impression  may  easily  have  come  to  exist, 
which  the  statements  quoted  from  the  gram- 
marians express,  that  it  was  the  Athenians  who 
decided,  in  accordance  with  the  terms  of  the 
several  aififioXa,  the  commercial  suits  of  their 
subjects." — Perhaps  the  grammarians  mixed  up 
two  diflferent  sets  of  causes  tried  at  Athens: 
viz.  the  8(«ai  awh  ov/AfidXttp—'whick  were  tried  in 
the  defendant's  city,  and  as  was  but  natural  for 
the  most  part  at  Athens-^-^and  the  causes  of  the 
subject  allies,  which  were  carried  up  for  trial  to 
Athens,  after  the  allies  had  been  deprived  of 
most  of  their  independent  jurisdiction.    Only 
by  degrees  did  the  Athenians  claim  this  supreme 
jurisdiction  over  the  members  of  their  first  con- 
federacy.   Thus,  after  the  reduction  of  Chaleis 
in  446-^  B.a,  the  Chalcidiana  were  left  their 
own  jifrisdiction,  with  this  limitation,  that  all 
offences  which  were  punishable  by  disfranchise- 
ment, exile^  or  death  were  to  be  sent  to  Athens 
for  trial  (C.  /.  A,  iv.  No.  27  a,  L  71  ff.,  riis  8^ 


736 


SYMMORIA 


6YMM0RIA 


M^rea  KoKKiStvffi  Karh  <r^v  wr&p  §iyai  iv 
XaAitlSi    KolOdwp    *AB^ni(ri¥    *A$7ivai(HS    w\^y 
4>vyiis  Koi  Bta^rou  ical  it,TifiUa  *  w^pH  9h  ro^tew 
iipMUf  clnu  *A04ra{c  §is  r^y  ii\uday  rStv  Btff- 
fto$9r»Vf  etc;   for  the  meaning  of  l^co'ct,   cf. 
Alt  Process,  ed.  Lipsius,  p.  990  f.,  and  Wila- 
inowitz  -  HSUendorlf,  Aus  Kydathen^   p.  88  f.). 
In  the  time  of  the  Pelo|>onne8ian  war,  however, 
Athenian  jurisdiction  extended  much  further,  as 
is  evident  from  [Xen.]  de  Rep.  Athen.  1,  §  16  f., 
roht    mtiiyAxovs    ianeyKdCowi  wKtiy  4w\   BIkos 
'AB^yaC^  (cf.  Athen.  iz.  p.  407  b).     Not  onlj 
were  aU  charges  of  treason  or  hostility  against 
Athens  carried  thither   for  trial  (<7.  /.  A,   i. 
No.  38;  Aristoph.  Vesp.  282  f.,  Pac.  639  f.)  and 
the  allied  cities  interdicted  from  the  power  of 
capital  punishment  (Antiph.  decaed.  Her,  §  47); 
but  as  appears  from   Xenophon's  mention  of 
irpvroycta,  ciyil  suits  also  were  decided  by  the 
Athenian  tribunals.     It  is  not  at  all  probable 
that  all  the  private  suits  between  citizens  of  the 
allied  cities  were  carried  up  for  trial  to  Athens, 
yet  with  our  present  information  it  seems  im- 
possible to  determine  which  suits  were  tried  at 
Athens  and  which  were  decided  in  the  local 
courts;   perhaps  the  amount  involved  decided 
the  point  (see  (7.  /.  A,  iv.  No.  22  a).     Probably 
the  precise   regulations   were   different  in  the 
case  of  different  cities.    Thucydides  (i.  77)  seems 
to  refer  to  the  two  sets  of  causes  distinguished 
above :  xal  4\affffoifitvoi  y3tp  iv  reus  ^vfifio\f 
fudeus  (Cobet,  Nm.  Led,  p.  432 ;  Hesych.  s.  v. 
^vfifioKifudas  Sticas*  'Arrticol  r&f  Kctrit,  o^fi$o\a) 
irphs  robs  ^vfjLfiAxws  ZUats  «al  irap*  iffiiw  alrrois 
4v  rots  6/xolou  v6fAOis  woi^ffforr^s  rks  npiff^is 
iptXoiuetlv  fioKovficr:  in  the   former  clause  he 
refers  to  the  8(jcai  av^  ffv^6\mv  which  would 
be  tried  in  the  courts  of  the  defendant's  city, 
and   in  these   the  Athenians    were   at    a  dis- 
advantage, inasmuch   as  the    courts    of   their 
allies   usually  decided  against    them;    in  the 
latter  clause  he  speaks  of  the  causes  of  the  allies 
tried  in  Athenian  courts  (irop*  V?v  auroif)  on 
the  basis  of  impartial  laws  for  both  of  them. 

Only  one  cause  of  this  kind  is  preserved  to  us, 
viz.  the  speech  of  Antiphon  on  the  death  of 
Herodes.  The  defendant  (Hel us)  and  the  accusers, 
the  relatives  of  Herodes,  were  citizens  of  Myti- 
lene  (Blass,  Ait  Bereds,  i.  p.  162,  supposes  that 
Herodes  was  an  Athenian,  resident  as  KKupovxos 
at  Hytilene).  We  learn  nothing  from  this 
speech  as  to  the  proceedings  of  such  a  trial 
except  that  the  preliminary  investigation  was 
made  on  the  spot,  as  we  might  expect,  but  that 
the  trial  took  place  at  Athens. 

Grote  {Hist,  of  Greece,  v.  p.  307  n.)  sup- 
poses that  S/kai  iewh  <rvfi^\wy  between  Athenians 
and  their  allies  existed  only  under  the  second 
Athenian  empire,  and  that  the  passages  quoted 
by  grammarians  from  Aristotle  apply  only  to 
these;  but  the  term  Mihooi  is  surely  in- 
applicable to  the  members  of  the  second  con- 
federacy. (AU,  Process,  ed.  Lipsius,  pp.  994- 
1005.)  [C.R.K.]    [H.H.] 

SYMMOHIA  (ffvfifiopla).  The  synunories 
at  Athens  were,  in  the  fourth  century  B.O., 
groupings  of  citizens  for  two  main  purposes — 
for  the  contribution  (when  required)  of  the 
war-tax  (ccV^opdi),  and  for  the  fitting  out  and 
general  supervision  of  ships  of  war  (rpiiipapx^o)* 
The  obscurity  of  the  subject,  which  is  groat, 
arises  |>artly  from  the  scantiness  of  the  evidence, 


partly  from  the  doubt  how  far  we  can  assume 
that  the  groupings  or  symmories  for  the  war- 
tax  were  the  same  as  those  for  the  navy. 

I.  The  symmories  for  the  war-tax  came  first 
in  point  of  time.  They  were  instituted  at  an 
important  era  of  Athenian  history,  the  archon- 
ship  of  Nausinicus  in  B.a  378, 'when  Athens 
renewed  the  confederacy  with  the  islands  in  the 
Aegean,  and  assumed  maritime  away  for  the 
second  time.  Of  this  date  we  are  informed  by 
Philochorus  (as  quoted  by  Harpocration,  s.  c 
ovfAfiopia) ;  but  it  is  Polybins  (ii.  62)  who  tells 
us  that  at  this  time  the  Athenians  made  an 
entire  revision  and  classification  of  their  landed 
and  personal  property.  Aristotle,  indeed  {Pitlii, 
V.  7,  6),  implies  that  such  revisions  were  fre- 
quent in  Greek  states ;  but  not,  dearly,  on  such 
a  scale  as  this  under  Nausinicus,  which  was  a 
systematisation  of  taxation  of  a  kind  never 
before  attempted  at  Athens.  The  fourfold  Solonic 
classification  of  Athenian  citizens  into  Penta- 
cosiomedimni,  Hippeis,  Zeugitae,  and  Thete«, 
was  not  necessarily  abolished  by  the  symmories ; 
but  it  seems  to  have  been  of  little  practical 
importance  after  this  date;  though  Dem.  c. 
Macart.  p.  1067,  §  54,  and  Isaeus,  de  ApoUod, 
Hered,  §  14  (quoted  by  Boeckh,  iv.  b\  imply 
some  retention  of  the  old  terms. 

The  first  and  most  difficult  question  which 
meets  us  in  consideration  of  the  war-tax  sym- 
mories is  this.     Were  the  1200,  who  undoubtedly 
constituted  the  trierarchical  symmories,  also  the 
main  (or  perhaps  the  entire)  constituents  of  the 
war-tax  symmories  ?    The  most  recent  German 
scholarship  has  answered  this  question  in  the 
negative  ;  and  the  present  writer  on  the  whole 
adheres    to    this    decision.    Those   who   desire 
merely  to  know  results  may  therefore  pass  on  to 
the  next  paragraph ;  but  meanwhile,  these  are 
the  arguments  for  and  against.     For   the  con- 
nexion of  the  1200  with  the  war-tax  symmories, 
Isocrates  {de  Antid.  §  145)  speaks  of"  the  1200 
who  pay  the  war-tax  and  perform  liturgies  ** 
(rohs  hoKOfftovs  ical   x<^^ovf  ro^f  w^4po¥ras 
iral  \ttTovpyovirras).    It  miut  be  admitted  that 
this  is  a  strong  argument;  but  Isocrates  is  a 
loose  rhetorical  writer,  and,  writing  at  a  time 
when  the  1200  were  prominent,  he  may  have 
used  the  term  simply  as  synonymous  with  **  the 
richest  men."    Isaeus,  whose  career  is  reputed 
to  have  terminated  at  any  rate  not  long  after 
the  institution  of  the  trierarchical  symmories, 
also  spoke  of  '*  the  1200  "  in  his  speech  against 
Ischomachus  (as  we  learn  from  Harpocration, 
8,  V.  x^Aiot  iiOK^fftoi),    Still,  the  speech  against 
Ischomachus  may  have  been  delivered  after  the 
establishment  of  the  trierarchical  symmories, 
and  the  reference  may  be  to  these.     Lastly,  the 
commentator  Ulpian,  writing  on  a  passage  at 
the  close  of  the  second   Olynthiac  of  Demo- 
sthenes, gives  an  elaborate  sketch  of  the  con- 
stitution of  the  war-tax  symmories,  affirming 
them  to  have  had  1200  members.    But  Ulpian  is 
demonstrably  wrong  in  important  points;    for 
instance,  he  affirms  that  there  were  two  bodies 
of   300  at  Athens,  making  up   600  citizens, 
accounted  the  richest.     But  from  the  orators  it 
is  absolutely  clear  that  there  was  only  <me  body 
of  300 ;  and  Ulpian  probably  got  his  600  from  a 
misinterpretation  of  the  passage  on  which  he 
was  commenting.     Hence  his  authority  is  but 
small*    Now  for  the  arguments  affain$t  the  con- 


8YMH0BIA 


SYMMOBIA 


737 


nezioBu  Demosthenes  (a,  Meid,  p.  564,  §  155), 
speaking  after  the  establishment  of  the  trier- 
archical  symmories,  refers  to  this  measure  as 
the  first  occasion  when  the  Athenians  made 
1200  associates  (Sre  irpArw  fi^p  9i€ucoirlovs 
Kat  x*^^*'^^  ircToi^KCETC  crurrcAcis  dfifts))  an 
expression  which  certainly  seems  to  imply  that 
1200  associates  did  not  previously  exist  in  the 
war-tax  symmories.  Secondly,  the  historian 
Philochorus  treated  of  the  symmories  formed 
nnder  Nausinicus  in  his  fifth  book,  but  did  not 
treat  of  the  1200  till  his  sixth  book  (Harpocra- 
tion,  a.  vv.  ffvfifwpia  and  x^^^'  9t€uc6<n/oi)'j  it 
must  be  inferred  that  the  1200  were  appointed 
at  a  later  date  than  the  original  symmories. 
Thirdly,  it  seems  undoubted  that  the  whole 
number  of  citizens  who  paid  the  war-tax  was 
more  than  1200 :  Boeckh  (It.  9)  has  shown  this 
oonrincingly ;  but  yet  why  should  1200  citizens 
be  appointed  at  all  in  connexion  with  the  war- 
tax,  if  not  to  be  the  sole  payers  of  it  ?  They 
would  not .  be  separated  in  this  definite  way 
merely  because  they  paid  more  than  the  rest ; 
and  they  seem  too  many  to  have  been  appointed 
for  Uie  sake  of  the  wpoutr^opd,  or  prepayment 
of  the  tax  in  times  of  pressing  need.  Fourthly, 
the  phrase  used  by  Demosthenes  (c.  Euerg.  et 
MnMSK  p.  1145,  §  21),  in  describing  the  appoint- 
ment of  the  trierarchical  symmories,  should  be 
noticed :  "  The  law  of  Periander,  in  accordance 
with  which  the  symmories  were  constituted." 
If  the  1200  had  been  constituted  before  the  law 
of  Periander,  why  should  they  need  to  be  con- 
stituted again  by  the  law  of  Periander  ?  for  it  is 
a  most  farfetch^  supposition  to  think  that  two 
different  bodies  of  1200  existed,  each  designed 
to  contain  the  wealthiest  citizens,  one  intended 
for  the  pajrment  of  the  war-tax,  the  other  for 
the  trierarchy. 

It  seems  therefore  that  the  1200  had  nothing 
to  do  with  the  war-tax  symmories.  But  there 
was  another  body,  whose  connexion  with  the 
war-^tax  symmories  it  is  impossible  to  deny ;  and 
that  is  the  Three  Hundred,  who  so  constantly 
recur  in  the  pages  of  the  Attic  orators ;  whom 
from  Isaeus  <cb  PhUod,  hered.  §  60)  we  know  to 
have  been  establbhed  a  considerable  time  before 
B.a  364,  and  who  by  that  orator  are  spoken  of 
almost  as  if  they  were  the  sole  payers  of  the 
war^tax;  an  expression  which  we  may  fairly 
construe  by  Dem.  c.  Phaenipp,  p.  1046,  as  being 
the  sole  persons  bound  to  prepay  it  on  behalf  of 
others,  or,  in  other  words,  under  the  obligation 
of  the  wpo9iff^opd.  But  what  was  the  con- 
nexion? Were  they  the  ^leaders  of  the 
aymmories,"  ^lytiUvMs  avfAtioptAw^  so  often 
mentioned?  So  it  has  often  been  supposed; 
and  if  it  was  so,  then  we  must  hold  that  the 
symmories  were  reiy  large  bodies,  comprising 
the  whole  number  of  taxpaying  citizens.  Bu^ 
though  this  yiew  of  the  matter  has  something 
to  commend  it,  the  evidence  on  the  whole  tends 
to  another  view.  The  passage  in  the  Meidku  in 
which  the  **  leaders  "  are  mentioned  (p.  565)  gives 
the  idea  that  they  were  a  much  smaller  body 
than  300;  and  it  is  hardly  possible  to  resist 
the  impression  which  that  passage  (or  rather 
p.  564)  conveys,  that  Meidias  was  one  of  the  300, 
whereas  Demosthenes  distinctly  states  that  he 
was  not  a  ** leader"  (iu^fiAv).  If  then  the 
Three  Hundred  were  not  the  leaders  of  the 
symmories,  what  were  they?    Only  one  other 

TOL.  U. 


conclusion  seems  possible;  they  were,  them- 
selves, the  symmories.  Not,  of  course,  that 
they  were  the  sole  taxpayers ;  the  bulk  of  the 
taxpaying  citizens  would  be  attached  to  them 
(irpoovey?/ii}0'9ff,  Dem.  2nd  Oiynth.  p.  26)  by  the 
tribal  tie  (for  we  must  hold  true  of  the  war-tax 
symmories,  what  from  Dem.  de  SymoL  p.  184 
we  know  to  be  true  of  the  trierarchical  sym- 
mories, that  they  were  tribal  bodies) ;  but  dis- 
tinctly, the  symmories  themselves  were  small, 
and  not  large  bodies.  Nor  is  this  view  at  all 
devoid  of  evidence.  For  first,  assuming  that 
there  were  two  symmories  to  each  tribe,  as 
we  know  (Dem.  /.  c.)  that  there  were  in  the 
trierarchical  symmories,  or  twenty  symmories 
altogether ;  then  Hyperides  (ap,  Harpocr,  s.  v. 
ffvfifioptd)  tells  us  that  there  were  15  men  in 
each  mnmory;  and  20x15=300.  (It  is  true 
that  Harpocration,  who  is  puzzled  by  the  state- 
ment or  Hyperides,  interprets  avfifupla  as 
equivalent  here  to  frurr^Acio,  or  the  association 
of  trierarchs  who  managed  a  single  ship ;  and 
Lipsius  agrees  with  this.  But  the  terms 
<rv/ifiopta  and  ovkt^Acm  were  perfectly  distinct ; 
moreover  there  was  no  fixity  in  the  numbers  of 
a  otn^^Acio,  and  it  is  rather  curious  that  while 
we  have  5,  6,  7,  16  avrrtKus  mentioned  as 
taking  charge  of  a  ship,  the  number  15  is 
nowhere  mentioned  in  this  relation.)  Again, 
there  is  a  passage  in  Dem.  c  Boeot.  de  NomuUf 
p.  997,  §  5,  which  clearly  shows  that  the 
symmories  were  bodies  of  ^limited  extent.  The 
speaker,  Mantitheus,  who  is  clearly  a  person  of 
considerable  property,  is  contending  against  the 
claim  of  a  certain  Boeotus  to  assume  the  name 
of  Mantitheus,  and  pointing  out  the  inconve- 
niences that  will  ensue  if  it  be  allowed;  and 
he  instances  this:  ''In  what  manner  will  the 
generals  enrol  the  name,  if  they  enrol  Man- 
titheus into  a  symmory,  or  appoint  him 
trierarch  ?  "  (rim  9*  ol  ffrparriyol  rplwov  ^yyp^ 
r^ov^w^  hf  eft  avfifioplay  iyypdipttauf^  ti  &y 
rptiipapxof  KoBtorSHriw  s)  It  is  impossible  to  say 
tnat  the  war-tax  symmory  is  not  here  meant, 
for  Mantitheus  runs  through  every  possible 
duty  which  Boeotus  and  himself  might  be 
required  to  perform ;  and  if  the  war-tax  is  not 
intended  by  this  expression,  it  occurs  nowhere 
in  the  list.  Clearly,  then,  the  war-tax  symmory 
was  a  body  to  which  Mantitheus  might  be 
appointed,  but  to  which  he  did  not  necessarily, 
as  a  taxpaying  citizen,  belong.  What,  then, 
can  the  war-tax  symmories  have  been,  but  the 
Three  Hundred  ?  and  the  form  of  the  expression 
in  Dem.  c.  Phaenipp,  p.  1040,  §  5  C  the  genenls 
were  arranging  the  exchanges  for  the  300*0^ 
does  at  any  rate  very  aptly  correspond  with  this 
supposition. 

If  this  be  so,  then  the  reform  under  Nausini- 
cus included,  besides  a  revision  of  the  entire 
property  of  Athenian  citizens,  also  the  establish- 
ment of  a  body  of  Three  Hundred,  thirty  from 
each  tribe,  every  thirty  being  divided  into  two 
symmories  of  fifteen  each,  and  the  whole  number 
being  the  richest  men  in  Athens.  For  what 
purpose,  then,  were  these  Three  Hundred  set 
apart  ?  Doubtless  there  would  be  a  convenience 
in  having  the  richest  men  in  the  state  catalogued 
and  known,  even  for  the  mere  payment  of-  the 
war-tax.  But  for  a  specific  measure  of  this 
kind,  some  more  strin^^ent  motive  seems  needed ; 
and  such  a  motive  is  found  in  the  need  for  pre^ 

3  B 


738 


STlOfOBIA 


payvMtU  of  the  war-tax,  in  order  that  the  state 
might  obtain  the  money  without  delay.  How 
important  this  prompt  payment  was  to  the  state 
can  be  readily  understood ;  and  while  the  Three 
Hondred  were  permitted  to  recover  from  the  less 
wealthy  citizens  their  share  of  the  tax  in  due 
course,  the  advance  of  the  money  was  a  real 
"burden  on  themselves.  The  irpocto'^p^  (by 
which  name  the  prepayment  was  known)  cannot 
be  shown  to  have  been  in  use  before  B.a  378 : 
whereas  Lipsius  (in  Jahrhuch  der  Philologies  1878, 
pp.  297-299)  has  given  strong  reasons  for  think- 
ing that  this  advance  of  the  war-tax  became 
the  normal  method  after  the  reform  introduced 
under  Nansinicus.  And  Dem.  c.  Phaenipp,  p.  1046, 
S  25  (before  referred  to),  is  strong  authority 
for  thinking  that  the  Three  Hundred  were 
the  only  persons  liable  to  pay  this  advance  of 
the  war-tax.  At  the  same  time,  when  the 
Three  Hundred  once  became  an  established  in- 
atitution,  it  is  not  necessary  to  suppose  that  the 
original  motive  which  prompted  their  establish- 
ment was  always  borne  in  mind:  thus  there 
can  be  little  doubt  that  Demosthenes  in  his 
minority  (when  he  would  not  be  required  to 
advance  the  irpocur^pck)  belonged  to  them,  just 
as  in  the  trierarchical  symmories  there  were 
many  members  who  could  not  be  called  upon  to 
discharge  the  office  of  trierarch  (Dem.  de  Symm, 
182,  { 17). 

At  all  events,  this  view  gives  an  intelligible 
meaning  and  purpose  to  the  war-tax  symmories ; 
while  we  need  not  deny  that  the  reform  under 
Kaosinicns  may  have  included  other  elements, 
as,  perhaps,  a  fresh  estimate  of  the  ratable 
value  of  each  man's  property  according  to  his 
wealth  (in  the  case  of  the  richest  persons  the 
ratable  value  was  one-fifth  of  the  whole,  Dem. 
c.  Apheb,  i.  p.  816,  |  9) ;  but  of  this  we  can 
aay  nothing.  Nor  can  we  absolutely  say  that  no 
change  was  introduced  into  the  war-tax  sym- 
mories when  the  trierarchical  symmories  began 
(]|.a  358);  but  there  is  no  evidence  to  this 
efibct,  unless  the  expression  of  Isocrates  (/.  c.) 

fl>e  regarded  as  evidence.     At  all  events  the 

'^pinion  of  Harpocration  (whatever  that  mav  be 

«rorth — it  occurs  s.  «.  avfjLfiopla)  may  be  added 

io  the  evidence  above  given  that  the  symmories 

were  essentially  limit^  bodies. 

The  difficulty  of  the  whole  subject  is  how- 

.  ever  so  great^  that  it  is  desirable  that  a  brief 
flummary  of  the  views  previously  held  about  it 

:  ahould  lie  here  given. 

Ulpian  considered  that  the  members  of  the 

-war-tax  symmories  were  1200  in  number,  and 
that  thev  were  the  sole  payers  of  the  tax. 

Boeckh  considered  that  the  members  of  the 
war-tax  symmories  were  1200  in  number,  but 
that  they  were  not  the  sole  payers  of  the  tax ; 

.  and  apparently  he  regarded  the  re-arrangement 

.  of  degrees  of  taxation  as  the  real,  and  a  suffi- 
•cient,  reason  for  the  symmories  altogether. 

Lipsius  was  the  first  to  suggest  (/.  c)  that  the 
1200  did  not  belong  to  the  war-tax  symmories 
-at  all.  In  substantial  meaning,  his  view  does 
not  differ  much  from  that  whidi  has  been  here 
given ;  but  in  nomenclature  it  differs.  He  holds 
that  the  symmories  comprised  the  great  body 
of  taxpaying  citizens,  and  that  the  Three 
Hundred  merely  stood  at  their  head;  whereas 
here  the  Three  Hundred  have  been  described  as 
being,  jfctnally,'the  symmories.    Kor  is  it  dear 


8THM0BIA 

what  lipcius  thinks  was  precisely  the  object  of 
the  symmories — whether  a  re-arrangement  of 
taxation,  or  the  convenience  of  the  prompt  pay- 
ment of  the  tax.  Here  the  latter  has  been  said 
to  be  the  main  object,  through  the  wpotw^epi. 

II.  The  trierarchical  symmories  were  ertsb* 
lished  in  consequence  of  the  attempt  of  the 
Thebans  upon  Euboea  in  B.a  358,  which  occa- 
sioned an  urgent  need  for  ships  of  war.  That 
need  was  for  the  moment  supplied  by  voluntary 
efforts  ^m.  de  Cor,  259) ;  but  this  proved  the 
starting-point  of  a  new  system,  and  a  law  was 
introduced  by  Periander  (Dem.  c  Emerg.  1146) 
and  carried,  whereby  a  new  set  of  symmories, 
of  1200  members,  was  constituted  expressly  for 
the  purpose  of  furnishing  triremes  expeditiously. 
For  the  working  of  this  law,  the  article  Tbzer- 
4iy]!HTA  must  1^  consulted ;  but  the  constitu- 
tion of  the  symmories  must  be  briefly  stated 
here,  as  far  as  we  know  it.  First,  the  Three 
Hundred  formed  an  important  part  as  leading 
members  of  the  Twelve  Hundred  (Deioarch. 
c.  Demotth,  §  42 ;  and  compare  Aesch.  c.  Ctefipk. 
§  222 ;  Hyperides  op.  Harpocrat. t.  u.  ffvuftopU; 
and  Dem.  c  Meid.  564);  the  intention  do 
doubt  was  that  the  Three  Hundred  should 
stiU  pay  the  greater  part  of  the  expense  of  a 
trireme,  but  for  a  long  time  they  managed  to 
escape  this,  and  to  keep  their  own  oontriba- 
tions  down  to  the  level  of  the  poorer  members 
of  the  Twelve  Hundred,  until  the  reform  carried 
by  Demosthenes  (Dem.  de  Cor.  260,  26I> 
Secondly,  we  do  know  with  absolute  certsisty 
here  that  there  were  altogether  20  symmoriet 
(Dem.  de  Symm.  182),  2  symmories  to  each 
tribe  (Id.  p.  184),  and  60  members  to  a  lym- 
mory ;  but  of  the  whole  number  of  1200  many 
were  ineffectives  (Id.  p.  182).  The  speech  of 
Demosthenes,  de  Symmoriie,  was  in  part  intended 
to  correct  this ;  but  it  had  no  practicsl  effect. 
The  members  of  a  svmmory  (5, 6, 7,  or  even  1<S) 
who  provided  a  single  ship  were  called  ovrrcXm, 
or  collectively  wwriK^utj  which  last  word  most 
be  carefullv  distinguished  from  the  cvftfiopU  out 
of  which  the  cvmtKus  were  taken. 

With  resmct  to  the  tribal  relaUons  of  the 
symmories,  &oeckh  has  shown  (cf.  See^UrkMden^ 
p.  185,  and  the  passages  there  referred  to)  that 
members  of  different  tribes  might  unite  in  the 
management  of  one  ship ;  yet  DemostheDcs  (de 
iS^mm.  184)  seems  to  show  that  the  tribal  rela- 
tion was  always  intended  to  exist,  and  we  must 
remember  that  a  tribe  might  sometimes  be  re- 
presented by  a  citizen  not  belonging  to  itaelf. 
ThuM  Demosthenes  stood  in  a  relation  of  pecnliar 
alliance  to  the  tribe  Pandionis,  of  which  he  was 
not  a  member  (cf.  c  Meid,  511,  519). 

It  remains  to  say  a  few  words  on  the  officers 
of  the  symmories.     Every  symmory,  whether 
for  the  war-tax  or  for  the  trierarchy,  had  a 
leader  (^c/M6r>    It  does  not,  however,  sppesr 
that  the  leader  had  any  formal  duties;  mflaeoce 
no  doubt  he  had.    Probably  Boeckh  is  right  in 
thinking  that  the  person  whose  name  is  sttsched, 
in  inscriptions,  to  the  name  of  the  sysunory, 
was  the  «« leader.'*     Every  trierarchical  sym- 
mory had,  besidea  the  « leader,"  an  "oTsrseer 
(Ari/uXifT^s).    That  the  overseer  hsd  occsiion- 
ally  very  difficult  duties  in  the  way  of  recover- 
ing public  property,  and  that  he  was  Tsry  is- 
efficiently  supported  in  these  duties,  is  obnoas 
f^m  Dem.  c.  Euerg.  tt  MutA,  ponm.   n« 


8YMPH0NIA 


8YMPH0NIA 


739 


^orerMen**  were  probably  the  same  as  the 
**  twenty,"  mentioned  in  an  inscription  referred 
to  by  Gilbert  {Griech.  StaaUalterth.  I  p.  352, 
note  4)  as  connected  with  the  strategi  in  the 
choice  of  trierarchs.  Necessarily  also  in  close 
connexion  with  the  symmories  were  the  officers 
called  9iaypa^7s,  who  drew  np  lists  of  pro- 
perty, and  of  the  rates  dne.  (Bekker,  AneaL  236, 
9  ;  Harpocrat.  s.  v,  itdypofifuL) 

The  symmories  of  the  resident  aliens  (titroi' 
KtKad  irvfA/Mpieu)f  mentioned  by  PoUnz,  viii.  144, 
most  be  dismissed  with  merely  a  reference ;  we 
can  hanUy  be  said  to  know  anything  about 
them. 

Perhape  the  powers,  elective  and  judicial, 
which  the  genexals  (tfrponiTol)  exercised  over 
the  symmories  have  not  been  definitely  enough 
stated  in  the  preceding  paragraphs.  It  is 
another  proof  of  their  tribal  character  ;  for  the 
generals  were  tribal  officers. 

For  the  rest,  the  tenor  ^f  this  article  has  been 
to  show  that  the  trierarchical  symmories  were 
neither  identical  with,  nor  yet  wholly  distinct 
from,  the  war-tax  symmories;  but  a  develop- 
ment and  enlargement  of  them.  And  it  is  to 
sach  a  conclusion  as  this,  surely,  that  h  priori 
probability  points.  We  have  every  reason  to 
suppose  that  the  symmories  of  both  kinds  lasted 
as  long  as  Athens  continued  an  independent 
state. 

The  principal  works  that  may  be  consulted  on 
the  subject  are :  Boeckh,  Staatshauahaltung  der 
AtKener  (Berlin,  1886— with  Fr&nkel's  notes) ; 
the  same  writer's  8ee-'Urkunden  (Berlin,  1840); 
Thamser,  de  Chivm  AtheiUffMiwn  Muneribus 
(Vienna,  1880) ;  Lipeius  (Jahrbuch  der  Philologies 
1878,  pp.  289-299);  and  Gilbert's  ffrndbuch 
der  Urieckitchen  &aattalterihiimer  (Leipsic, 
1881).  [J.  R.  M.] 

SYMPHCXNIA  (<rv/upWfU)  is  mentioned  by 
Cic  Verr,  lii.  44^  105;  Hor.  A.  P.  574;  Liv. 
zxxix.  10 ;  Polyb.  xxvi.  10, 5,  xxxi.  4,  8(Dind.), 
as  being  a  musical  entertainment  at  banquets. 
We  hear  also  of  specially-trained  slaves,  who 
^rere  called  sympAontocJ^  and  were  kept  by  rich 
men  to  provide  this  music  (Cic  Mil.  21,  55 ; 
Verr,  v.  25,  64:  cf.  Gell.  xix.  3;  Macrob.  SoL 
ii.  4,  28):  in  Cic  ad  Fam.  vi.  9  symphonia 
means  a  dinner  so  accompanied.  It  was  one  of 
the  luxuries  introduced  from  Asia  about  187  B.O. 
(Liv.  xzxix.  6;  Marquardt,  PrivaUebenf  181; 
Becker-G6ll,  GalhtSj  ii.  147,  iii.  373). 

There  has  been  much  difference  of  opinion  on 
the  question  what  the  symphonia  was,  and  even 
whether  it  was  vocal  or  instrumental  music 
Some,  as  Rich,  hold  that  it  was  a  sort  of  drum. 
This,  which  is  surely  highly  improbable  when 
we  consider  its  use  at  dinner-parties,  rests  on 
the  authority  of  Isidore  {Orig.  ii.  21)  and  the 
lexicographer  Ugutio,  who  follows  him  (see  Du 
Cange,  «.  v.).  It  may  be  remarked  on  this  that 
Isidore,  writing  in  the  7th  century,  is  probably 
interprating  a  word  which  he  finds  in  older 
writers,  not  describing  an  instrument  which  he 
had  seen.  On  the  other  hand,  Baumeister 
{DenAm.  p.  563)  connects  it  with  the  Italian 
aampognOf  and  considers  it  to  be  a  sort  of  bag- 
pipe :  a  view  which  had  previously  been  taken 
by  some  commentators  on  the  passages  in  Dan. 
iii.,  where  the  LXX.  translates  by  evfi^pia  the 
similar  Hebrew  word  (see  Diet,  of  the  BibU^  s.  v. 
Dulcimer).    I^.  Pntey,  again,  in  a  learned  note 


on  this  passage  {^Lectwree  on  Daniely  p.  29),  holds 
positively  that  in  Greek  and  Latin  the  word 
never  meant  an  instrumeut  at  all,  but  only 
chorus  singiDg ;  and  his  view  might  find  support 
in  Jerome  on  St.  Luke  xv.,  who  says  that  some 
Latin  writers  have  wrongly  taken  it  to  be  an 
organ,  whereas  it  means  only  vocal  harmony. 
We  cannot,  however,  be  sure  whether  Jerome 
is  speaking  generally  or  only  in  reference  to  this 
passage. 

It  seems  to  us  at  any  rate  reasonable  to 
demand  that  whatever  sense  i«  given  to  pueri 
symphoniaci  should  agree  with  that  which  we 
accept  for  symphonia.    If  the  ordinary  view  is 
correct,  that  these  slaves  were  trained  singers 
(so  Marquardt,   Prttui/.  p.   337;   Becker-GttU, 
/.  c),  then  it   would  follow    that    symphonia 
meant  concerted  vocal  music.    But  there  is,  it 
seems  to  us,  some  evidence  against  this.    In  the 
passages  cited  above  from  Cicero,  Horace,  Livy, 
and  Macrobius,  it  may  safely  be  asserted  that 
the  sense    suits  vocal  or  instrumental  music 
equally  well;  and  so  they  bring  us  no  nearer 
to  a  conclusion.    But  when  we  nad  in  Cic.  Div. 
in  CaecH,  17,  55,  that  a  praefectus  took  posses- 
sion of  some  pueri  symphoniaci  for  his  fieet,  it 
seems  absolutely  necessary  to  suppose  that  these 
were  slaves  trained  to  play  the  flute  and  dis- 
tributed through  the  fleet,  to  act  each  as  a 
rp<i|pa^Xi}f .    Further  confirmation  of  this  may 
be  gathered  from  the  introduction  of  the  sym- 
phonia in  naval  use  by  Prudentius  (in  Sym.  ii. 
527),  where  the  glosses  (as  also  Yen.  Fortunat. 
in  the  6th  cent.)  take  it  to  be  a  wind  instru- 
ment, whether  =  Udn  or  tibia.    Again,  in  Plin. 
H,  N,  ix.  §  24,  **  delphinus  symphoniae  cantu 
mulcetur  et  praecipue  hydrauli,"  it  is  hard  to 
see  how  it  could  be  coupled  with  the  hydraulus, 
unless  it  was  an  instrument.    (The  passage  in 
ff.  iV.  X.  §  84  is  not  decisive.)    The  same  deduc- 
tion may  be  made  from  Petron.  34,  where  "  sym- 
phonia "  is  clearly  distinguished  from  **  chorus 
cantans,"  as  it  seems  to  m  also  in  Cic.  Coet.  15, 
35.    Lflistly,  in  spite  of  Dr.'  Pussy's  denial,  it 
seems  to  us  necessary,  in  the  two  passages  of 
Polybius  cited  at  the  beginning  of  Uiis  article, 
to  understand  evfipmyia  as  a  band  of  flute- 
players  (the  Mpdrioif  being  distinguished  from 
it  as  a  sort  of  comet).    Whether  the  flute  so 
used  was  a  special  Asiatic  pattern,  or  whether 
the  point  which  differentiated  it  as  Eastern  con- 
sisted in  the  flutes  being  so  graduated  as  to  per- 
form concerted  music,  cannot  be  determined: 
if  the  latter,  the  £sct  of  the  flutes  being  arranged 
for  different  parts  may  have  distinguished  the 
symphoniaci  from  the  tibicines.  We  gather  from 
Dig.  9,  2,  22,  1,  that  the  music  was  so  concerted 
that  the  loss  of  one  of  the  symphoniaci  would 
render  the    rest  comparatively  valueless,   and 
therefore  the  damage  was  estimated  in  regard 
to  the  depreciation  of  the  other  '*  corpora  "  also, 
as  in  the  case  of  a  matched  team  of  horses. 

A  single  member  of  the  ervfip^nfta  was  pro- 
bably the  x^'f'A^^^'i  vbo  appears  in  Martial, 
ix.  77,  as  chirituleBf  to  avoid  the  awkward  word 
aymphoniacus.  It  is  possible,  and  indeed  pro- 
bable, that  symphonia  signified  also  a  band  com- 
posed of  different  instruments,  and  not  of  the 
flute  only,  like  the  private  bands  in  some  great 
houses  at  the  present  day :  all  the  evidence 
seems  to  us  against  its  meaning  a  single  instru- 
ment, except  in  very  late  writers  (see  Du  Cange), 

3  B  2 


740 


STMPHONIACI 


SYMPOSIUM 


where  the  word  seems  to  have  been  adopted  as 
the  term  for  a  flute.  In  an  inscription  (Wil- 
manns,  1344)  we  find  a  ^*  Colle^um  Symphonia- 
coram  "  employed  for  public  sacrifices. 

The  question  whether  the  word  trviupwvia 
was  adopted  ai  the  nearest  Greek  approach  to 
a  Hebrew  or  Chaldaic  word,  or  whether  the 
Hebrew  writer  borrowed  from  the  Greek,  it  is 
beyond  our  scope  to  discuss :  reference  may  be 
made  to  Did,  of  the  BiiHe^  and  to  Dr.  Pusey  as 
cited  above.  [G.  £.  M.] 

SYMPHONI'ACI.    [Stmphohia.] 

STMPHOBEIS  ((Tv/i^/Mif).  [ExERCiTUS, 
Vol.  I.,  p.  772aJ 

SYMPO'SIUM  {ovfiro^top,  comissatiOf  oonvu- 
fnum)f  a  drinking-pajrty.  1.  Greek.  The  avfor^ 
eioy,  or  the  ir6ros,  must  be  distinguished  from 
the  dciirror :  for  though  drinking  almost  always 
followed  a  dinner-party,  yet  the  former  was  re- 
garded as  entirely  distinct  from  the  latter,  was 
regulated  by  different  customs,  and  frequently 
received  the  addition  of  many  guests,  who  were 
not  present  at  the  dinner.  For  the  Greeks  did 
not  usually  drink  at  their  dinner,  and  it  was  not 
till  the  conclusion  of  the  meal  that  wreaths  of 
flowers  and  wine  were  introduced,  as  is  explained 
under  Cena  [Vol.  I.  p.  394  6].  Tlius  we  read  in 
the  Symposium  of  Plato  (p.  176  A)  that  after 
the  dinner  had  been  finished,  the  libations  made, 
and  the  paean  sung,  they  turned  to  drinking 
(rp4w§c$at  wplhs  rhv  ir6rw). 

The  enjoyment  of  Sympona  was  heightened 
by  agreeable  convenation,  by  the  introduction  of 
music  and  dancing,  and  by  games  and  amuse- 
ments of  various  kinds :  sometimes,  too,  philo- 
sophical subjects  were  discussed -at- them.-  The 
Symposia  of  Plato  and  Xenophon  give  us  a  lively 
idea  of  such  entertainments  at  Athens.  The 
name  itself  shows  that  the  enjoyment  of  drink- 
ing was  the  main  object  of  the  Symposia :  wine 
from  the  juice  of  the  grape  (oTi^os  iifitri\wos) 
was  the  only  drink  partaken  of  by  the  Greeks, 
with  the  exception  of  water.  For  palm-wine 
and  beer  [Cebeyibia],  though  known  to  many  of 
the  Greeks  from  intercourse  with  foreign  nations, 
were  never  introduced  among  them ;  and  the 
extraordinary  cheapness  of  wine  at  Athens 
[Vinum]  enabled  persons  even  in  moderate  cir- 
cumstances to  give  drinking-parties  to  their 
friends.  Even  in  the  most  ancient  times  the 
enjojrment  of  wine  was  considered  one  of  the 
greatest  sources  of  pleasure,  and  hence  Musaeus 
and  his  son  supposed  that  the  just  passed  their 
time  in  Hades  in  a  state  of  perpetual  intoxica- 
tion, as  a  reward  of  their  virtue  (yiyfiffd/itroi 
KdX^uarop  operas  futrdhv  fi40fiv  ou^ircov,  Plat. 
Sep.  ii.  p.  363  D).  It  would  appear  from  the 
Symposium  of  Plato,  that  even  the  Athenians  fre- 
quently concluded  their  drinking-parties  in  rather 
a  riotous  manner,  and  it  was  to  guard  against  this 
that  such  parties  were  forbidden  at  Sparta  and 
in  Crete.  (Plat.  Jfih.  p.  320  A ;  cf.  Aristoph. 
Vesp.  1253,  and  the  speeches  of  Dem.  in  Conon, 
and  Lys.  in  Simon,')  It  is  curious  that  a  dis- 
tinction is  preserved  in  the  words  fi§6wrruc6s, 
applied  to  men,  and  ii4&wos  to  women,  a  usage 
which,  as  Ur.  Rutherford  remarks  {New  Phry" 
nichuBy  p.  240),  probably  originated  from  an 
ethical  cause :  in  the  man  it  was  more  habitual, 
in  the  woman  more  accidental. 

The  wine  was  almost  invariably  mixed  with 
water,  and  to  drink  it  unmixed  {futpaerop)  was  con- 


sidered a  characteristic  of  barbarians  (Plat.  Leg, 
i.  p.  637  E).  Slaleucus  is  said  to  have  enacted  a 
law  among  the  Locrians,  by  which  any  one  who 
was  ill  and  drank  of  unmixed  wine  without  the 
command  of  his  physician,  was  to  be  put  to  death 
(Aelian,  V,  H,  ii.  37) ;  and  the  Greeks  in  general 
considered  unmixed  wine  as  exceedingly  preju- 
dicial to  physical  and  mental  health  (Athen.  \L 
p.  38).  The  Spartans  attributed  the  insanity  of 
Cleomenes  to  his  indulging  in  this  practice,  which 
he  learnt  from  the  Scythians  (Herod,  vi.  S4).  Sd 
universal  was  it  not  to  drink  wine  nnleas  mixed 
with  water,  that  the  word  olivr  is  always  applied 
to  such  a  mixture ;  and  whenever  wine  is  spoken 
of  in  connexion  with  drinking,  we  are  always  to 
understand  wine  mixed  with  water,  unless  the 
word  ixpteros  is  expressly  added  (rh  KpofAa, 
Koiroi  Ularos  /trr4xop  wXtUyoSf  oZror  maXov^rf 
Plut.  Conjtig.  Praec  20). 

The  proportion  in  which  the  wine  and  water 
were  mixed,  naturally  differed  on  different  occa- 
sions. To  make  a  mixture  of  even  half  wine  atMi 
half  water  (fovr  la'9»)  was  considered  injurious 
(Athen.  /.  c),  and  generally  there  was  a  much 
greater  quantity  of  water  than  of  wine.  It 
appears  from  Plutarch  (Symp.  iii.  9X  Athenaeus 
(x.  p.  426),  and  Eustathius  (ad  Od,  ix.  20£^, 
p.  1624),  that  the  most  common  proportions  of 
water  to  wine  were  3  : 1,  or  2  :  1,  or  3  :  2. 
Hesiod  (Op.  596)  recommends  the  first  of  these, 
but  it  was  generally  regarded  as  weak  (it^ofis) 
and  fit  fiorpdxots  oltnxoutf  (Athen.  x.  p.  430  e), 
and  3 : 2  was  t^  usual  proportion  for  not  in- 
temperate drinMn. 

The  wine  was  n^xed  either  with  warm  or  cold 
water:  the  former,  which  corresponded  to  the 
Calida  or  Calda  of  the  Romans  [Cauda],  was  by 
far  the  less  common.  On  the  contrary,  it  was 
endeavoured  to  obtain  the  water  as  cool  as  pos- 
sible, and  for  this,  purpose  both  snow  and  ice 
were  frequently  employed.  [Fstcier.]  Honer 
was  sometimes  put  in  the  wine  (Athen.  L  p*.  32  a  j, 
and  also  spices  (Id.  p.  31  e) :  in  the  latter  case  it 
received  the  name  of  rpl/tfut,  and  is  freqnentlj 
mentioned  by  the  writers  of  the  Kew  Comedy 
(Pollux,  vi.  18).  Other  ingredients  were  alse 
occasionally  added  (Athen.  ii.  p.  66 ;  Lnoaa, 
Nigrin,  31 ;  Aelian,  K.  ff.  xii.  31). 

The  mixture  was  made  in  a  lax^  vessel  called 
the  KpoT^p  [Crater^  from  which  it  was  con- 
veyed into  the  drinking-cups  by  means  oi^tw^x^ 
or  itdaBoi  [CvATHUS].  llie  cups  usually  em- 
ployed were  the  jr^Ai^,  ^idEAii,  ntpxk^taw^  and 
KMapoSf  of  which  an  account  is  given  in  separate 
articles.  The  ^6^,  or  drinking  horn,  waa  al»> 
very  commonly  used  [Rhtton].  We  find  several 
craten  on  vases  representing  drinking  scenes. 
(See,  for  example,  Mus,  Sorbon.  voL  v.  t.  51.) 

The  guests  at  a  Symposium  reclined  on  conches 
and  were  crowned  with  garlands  of  flowers,  as 
is  explained  under  Cexa.    A  master  of  th« 
revels  (jkpx*'^  ^^^  t^cms,  ^vpM^eriapx^*  or  ^a- 
o'lAff^s)  was  usually  chosen  to  conduct  the  Sym- 
posium (irai8ay«7cTr  avfar6ctow^  Plat.  Legg,  i. 
p.  641  A),  whose  commands  the  whole  compaay 
had  to  obey,  and  who  regulated  the  whole  order 
of  the  entertainment,  proposed  the  amnsements. 
&c    The  choice  was  generally  determined  br 
the  throwing  of  astragali  or  tali ;  but  we  finJ 
in  Plato  (Symp.  p.  213  £)  Alcibiades  oonstitutinj: 
himself  Symposiarch  (in  Plaut.  SUdi.  v.  4,  1.% 
he  is  called  strategut).    The  proportion  in  whid) 


SYMPOSroM 

tha  win*  tnd  water  wsra  mixed  wm  filed  bf 
him,  and  elio  how  much  each  of  the  coTUfMUij 
■VMM  to  drink,  ud  ■!»  tha  liie  at  the  drinking 
t««m1.  Upon  those  who  disrrgarded  hia  autlia- 
rity  he  impoaed  penxltiee,  often  abeard  acte  of 
buffoonery  to  make  tha  victim  ridicnloui  (Ludm, 
Saturn.  4):  »aietimi»  ha  ordained  umilar  eh- 
surditiei  on  tha  company  graerallj,  or  ipeciol 
rocmben  of  it  with  a  ipecified  penalty  in  de- 
fault o(  perTormance  (Piat.  9gtnp.  i.  4,  3).  To 
such  ca*M  the  "  legei  ineanae  "  (Hot.  Bal.  ii.  S, 
69)  refer,  and  it  ii  not  lorpriiing  that  Plato,  in 
the  paia^e  cited  ^m  tha  Lata,  daairea  r^ferri 
r»  Kol  ira^i'  VxM^a  •■  Synipoaiarch.  The  ler- 
vant*  (eirox^  '°<1  a{n|f»l  ^fimrrtt),  ninallf 
young  alarei,  who  had  to  mix  the  wine  and  prr- 
■cDt  it  to  the  company,  were  also  nndar  hia 
ordera ;  bnt  if  there  waa  no  Sympoeiorch,  the 
company  called  for  the  wine  joet  aa  they  pleaied. 
The  dexterity  of  a  well-trained  cap-bearer  in 
preacDting  the  ^idAi).  held  M  tw  tanriKay 
itcpir,  ia  noticed  hy  Poll.  vL  95;  cf.  raU  rpirl 
SturriKaa,  Xen.  Cyrop.  \.  3,  t).  Thia  method  of 
holding  the  ^iiUq  iit^tJurt'it  ia  explained  on 

L360  a,  and  ii  ahown  in  the  following  woodcnt, 
t  it  appliea  only  to  the  fiiAi).  Other  cnpi, 
auch  aa  the  icfiAij,  were  often  aimilariy  filled  i 
the  crater  and  handed  roond,  aa  may  be  eeen  i 
Tae»-p<untJDga  (Pinofka,  xiiiv.  3  =  Oahl  an 
Koaer,  Gg.  SOI) :  bnt  the  more  oaoal  practii 
was  that  the  gaeet  held  the  erlii  and  the 
alaTa  filled  it  with  a  imall  wine-jag  (elr«x^) 
which  he  had  dipped  in  the  crater  and  carrieJ 
round  the  table  (fld.  ii.  lOfvAthen.  i.  p-  4S ; 
Xen.  Symp.  U.  £7;  Uan.  /natyfll  13). 

Before  the  drinking  comm/iced,  it  wai  agreed 
upcm  in  what  way  they  ahonld  drink  (Plat 
S^p.  p.  176,  A,  B),  for  it  waa  not  nsoatly  left 
bo  the  option  of  each  of  the  company  to  drink 
aa  much  or  ai  little  aa  he  pleaaM,  bnt  he  was 
compelled  to  take  whaterer  the  Sympealarch 
might  order.  At  Athena  they  uioally  began 
drinking  out  of  amall  cQpa  (fijrpia  miifM, 
Athen.  i.  p.  431 1),  hnt,  ae  the  entertaiiiment 
went  on,  larger  oaea  were  introduced  (Diog. 
LaKrt  L  104).  In  the  Sympouum  of  Plato 
(pp.  313, 214)  Alcibiadea  andSocratea  each  empty 
aa  immeoae  cap,  containing  eight  cotrlae,  or 
nearly  fonr  Engliih  pinta;  and  frequently  anch 
oapa  were  emptied  at  one  draught  Qamtxrrl  or 
^mttI  wintr,  ^itumlita,  Athen.  i.  p.  431  b; 
Lacian,  Ltxiph.  8;  Suidai,  i.  e.  'A/uhttO- 

The  eupg  sere  atwayi  carried  round  from  left 
to  right  (M  t.{.d),  which  Latin  wciten  expreaa 
hy  "aaummo"  (PUot.  Pffra.  T.  1,  19;  Abk.  t. 
4,  1),  and  the  nme  order  wai  obierred  in  tha 
eouTenation  and  in  everything  that  took  place  In 
the  entettainment  (it\  tifti  liawlnw.  Flat.  Sep. 
ir.  p.  420  E;  ^wl  ti^ii  \iyim  tlwif,  Sgmp. 
p.  314  B  ;  Athen.  xi.  n.  463  e).  The  company 
freqaentty  drank  to  the  health  of  one  another 
^wpmrtnir  ^tKorqatu,  Ludan,  Oall,  13 ;  Athen. 
li.  p.  498  d),  and  each  did  it  eipecially  to  the 
one  to  whom  he  handed  the  aame  cup.  (Com- 
pare Cic.  I^uc  i.  40,  96,  "  Graeci  in  convtriia 
soltDt  nominare,  cui  pocalum  traditnri  aunt.") 
Great  men  oo  great  occaaicna  often  made  the  cup 
a  pnieDt  lo  the  gaeit  who  >o  receirad  it  (Find. 
01.  TiL  S  ;  Athen.  liii.  pp.  57S,  576),  whence  the 
word  irpM-Ini  acquired  a  new  meaning. 

Mueie  and  dancing  were  ninally  intlMnced,  aa 
already  atated,  at  Sympoiia,  and  we  find  few 


STHPOBIUH 


741 


repraeentatlona  of  auch  acenea  tn  ancient  vaaei 
without  tha  preeence  of  female  plsyeia  on  the 
flute  and  the  cithara.'  Plato,  indeei^  decidedly 
objecta  to  their  preieace,  and  nuintaina  that  it 
ia  only  men  incapable  of  amuaing  tbamulrea  by 
ratioiul  conreraation,  that  haTe  reconree  to  ani^ 
mean*  of  enjoyment  (PrDJo^.  p.  347  C,  D;  Si/mp. 
p.  176  E} ;  but  tbij  laya  nothing  againat  the 
general  practice,  and  Xenopbon  in  lua  Sympo- 
preaenta  Socratea  mightily  pleaaed  wiUi 


qneatty  introduced  at  the  Srmpoaia  of  yoong 
men  for  another  pnrpoee,  and  were  oftentimaa 
actually  tToipat  [Hct'aebae],  ai  we  aee  clearly 
repreetnted  on  many  ancient  Taaea  (aee  for  ex- 
ample Mut.  Sorbon.  vol.  t.  t.  M).  Raapectlng 
the  diSerant  kinda  of  dancea  performed  at  Sym- 
poaia,  aae  8U.TATI0.  The  tTiii\M  were  indeed  a 
more  relined  and  intellectnal  kind  of  mnaic,  U 
they  were  nanslly  eung  only  by  lelected  gueets 
who  were  known  to  he  akilled  in  muiic,  andoftaik 
in  poetical  compoeition.  The  aong  being  atarted 
by  one  linser,  waa  continued  by  any  other  to 
whom  he  handed  tha  lyre  and  myrtle  bongb 
(Ariatoph.  Te$p.  1216;  Athen.  xt.  p.  dM  f ; 
UUller,  La.  of  Aacitni  Grteoi,  i.  p.  249). 

Bepreeentationa  of  Sympotia  are  very  common 
on  ancient  Taaea.  Two  gaeata  naually  reclined 
on  each  couch  (aXlnt),  aa  ia  eiplajned  in  ToL  L 
p.  393,  and  illuattated  by  tfie  fiilUwing  cut 


from  one  of  Sir  W.  HamlltoD'a  

the  coach  on  the  right  hand  contalna  two  per- 
BOna,  and  that  on  the  left  ia  rapreaentad  with 
only  one,  which  doea  not  appear  to  hare  been 
the  naual  practice.  The  gaeata  Wear  garlandt 
of  dowera,  and  the  two  who  are  reclining  on  the 

me  couch  hold  a  ^id^q  in  the  right  hand. 

Sometimea  there  are  four  or  fire  peraona  on 

>a  cDDch,  a>  in  the  following  woodcut,  taken 
from  Uillin  (PnnAirva  de  Vatu  Antigua,  Tol.  U. 
pi.  53).  IlirMi  yoong  and  two  older  men  are 
"  ling  on  a  oonch  (oAfni),  with  their  left 
raating  on  etriped  pillowa  (-rpoe-mfd^oia 
4r)w^ia).  Before  the  coach  are  two  tahlaa. 
Three  of  the  men  are  holding  a  calix  or  a^Aif 
anapended  by  one  of  the  handlee  to  the  fore- 
finger, the  fourth  holdi  a  ^idXi),  and  the  fifth  a 
AidAt)  in  one  hand  and  a  ^iv  in  the  other. 
[Calu;  PaTE&a;  RinnoK.]  hi  the  middle 
"imoa  ia  beating  the  tympanum. 

Rcepecting  the  gamea  and  amuaementa  by 
which  the  tjympoaia  were  enlivened,  it  ia  on- 
Becaaaary  to  aay  much  here,  aa  moat  of  them 
■re  deicribed  in  aeparate  articlea  in  thla  work. 
Enigmaa  or  riddlea  iaiflffuna  or  YP>^<)  "■i* 


kl  sDil  rsTonriU  modes  of  I  pUjed  kt  in  Tarimu  wija  rC0mBai3-  ^ 
dWenion  [AEinoiiA}.  Tfae  Cottsbos  nru  al»  othtr  gimc*  at  SympotU,  whick  rcqain  mnitiim, 
another  bTonrita  gani«  at  Sympoaia,  and  vat  |  m   the  tarpKj^lu^iiii  and  KuptU,  eipUiatd 


nndar  T*i.i  and  TESSCiua ;  th«  nrrtta,  tpaim 
of  under  LATBimcDU ;  and  the  x<>^'"'/<if'-  1^< 
latter  coDaiatad  in  turning  roand  a  piece  of 
monejr  placed  cpright  on  iU  edgea,  and  causing 
it  laddenlj  ta  itop  while  moTing  by  placing  a 
finger  on  iU  top  (Pollui,  ii.  IIB ;  Euitath.  ad 
II.  xiT.  2fll,  p.  98a> 

Leit  aome  of  the  detaili  aboTe  given  ahould 
canvey  the  idea  that  a  Greek  Sjmpoiiam  vat 
■  mere  drunken .  reTel,  we  muit  point  out  that, 
a*  Bliininer  remarks  (_Uben  and  Sittntder  Br. 
ii.  42),  it  diOered  in  ita  tMcDtial  nature  from 
the  drinking  bout  "  of  the  Uiddle  Agei  and  up 
to  the  seventeenth  centarf"  (we  might  pat  it 
later);  for  the  main  object  and  usual  reaultwaa 
Intellectual  couveraation,  aa  de»iribed  by  Plato, 
XenophoD,  and  later  writen,  although  it  might 
Bometimei  end  in  eiccia  and  diaorder.  On  the 
other  hand,  the  eitreme  on  thia  aide  alio  muat 
be  avoided ;  we  must  not  auppote  that  the  high 
philosophic  level  of  Plato's  Symposium  was  uni- 
Tarsal  or  indeed  anything  i>ut  exceptional. 
Socratei  waa  not  alwaji  of  the  party,  and  besides 
it  roust  be  recollected  that  Plato's  scene  is  de- 
signed to  introduce  philoeopby,  not  primarily  to 
leave  an  exact  picture  of  manaers.  On  this  point 
there  is  a  chapter  by  PrDfesaor  UahaSy  {Social 
Lift  in  Oreeca),  in  which  he  suggeslt  a  Univer- 
ritjr  aupper-pnrtv  as  the  standard ;  and  there  is 
much  troth  In  this,  for  at  the  universities  too 
we  have  in  an  intellectual  centre  among  divene 
•eta  of  people  all  degrees  of  iocisl  converse, — 
high  philosophy,  literatnre,  aestheticlsm,  sport- 
ing topics  (as  various  as  from  Olympic  games  to 
quail-fighti),  and  sometimes  also  the  riotous 
ending.  (!iee  alio  Becker-flell,  CharHUef,  ii. 
33S  »'. ;  Bli]mner,  P.ivaiaH.  345  ff. ;  Hohaffy, 
Bacial  Life  in  Orteot,  ch.  li.)  [W.  3.]  [O.  E.  H.] 

B.  CoKTHBtTiO. — That  this  word  (doubtless 
connected  with  jiHfUii)  ivaa  the  strict  equivalent 
at  Rome  to  the  Greek  symposium  (i.e.  that  it 
waa  a  wine-party  quite  distinct  from  the  oena 
which  preceded  it)  is  clear  from  wreral  pasaagea. 
In  the  Mottetlarii  Callidamatcs,  who  has  dined 
elsewhere,  lajn,  "  me  ibi  male  convivii  iermonit- 
qne  taesum  est.  Nunc  comissatum  ibo  ad  Phiio- 
lachem;"and  so  alto  Demetrius  in  Lit.  i].  7,  at 


the  end  of  the  eewt,  sayi,  "  Quia  camisattmn  ad 
f^trem  Imna?"  (cf.  Id.  li.  9.)  The  abon 
pasaagea  relata  to  Greek  life,  and  it  mast  be 
obaerred  that  tbii  going  aAer  dinner  from  <w 
house  to  another  for  the  wine-party  seesis  l» 
have  been  a  Greek  custom,  rather  than  Bcmta 

gt  appears,  hovierer,  in  Petron.  65) :  bit  si 
ome  alw  the  distinct  break  between  the  ctaa 
and  the  comisaatio  is  noticeable,  so  that  ttn* 
might  be  the  one  without  the  other,  at  in  Sut 
Oom.  31,  "  conTivebatur  ...  nee  u(  potW 
lur ; "  and  there  ia  a  passage  of  St. 
(de  El.  at  J^tin.  13)  which  is  worth 
quoimg  aa  a  deacription  of  manners  preditly 
the  same  at  a  mnch  later  date, "  Cemis  pocn- 
lorum  divertomm  ordines,  Taaa  eipoaita  surca 
et  ai^entea:  deinde  procedente  potn  lDO(iai 
contentlonea  et  certamina  qnia  potn  ptaeixllsl: 
DOta  graris  al  quia  se  eicuaet,  si  qms  tcmEcr- 
andnm  forte  vinnm  pntet:  et  haec  donee  ad 
mensat  perreniatur  tecnndaa :  at  ubt  a>uiUD> 
matae  fuerlnt  epnlae,  et  putea  jam  ease  iar> 
gendum,  tunc  de  integro  potom  mitsBrsnt  et 
cum  conaummaruut  tane  inchoare  se  dicenl: 
tunc  defemntoT  phialae,  tunc  maiimi  crtleits: 
mensura  proponitur,  certatnr  anb  judia;  lab 
lege  dcceroitnT."  Besidea  the  r^ular  um 
,  comiuatio,  Cicero  ntea  sometimes  the  wold 
oompotaHo  ;  and  conoienan,  being  a  genera]  tens 
for  nny  "  convivial  ■*  meeting  (Qc  di  Sn.13, 
4b),  may  tignify  the  wine-pkrly  aa  well  si  U* 
dinner,  nolesa  It  is  contrasted  with  oomiiaatie: 
it  U  nsad  in  this  seaae  in  Cic  TWc  i.  40,  »& 

It  it  not  certain  how  far  anniatalio  na  * 
genldne  Roman  cnitom  and  how  far  betTDwd 
from  the  Oreeka.  The  paaaage  otde-diSn. 
14,  46,  Implies  a  custom  of  aodal  coaventtica 
aver  wine  after  dinner  in  old  tinted  bit  dot* 
not,  as  Harquardt  rather  fancifully  arr*> 
imply  a  magitUrium  at  the  wine.farty;  for 
Gall  It  certainly  right  In  taying  that  the  two 
aentencea  refer  to  totally  dISerentthiigs.  There 
{s,aswillbeseen,aalight  indicllio■ora■«M■ 
lfl■  iibmdl  in  early  tlmea,  bnt  net  ■  etrttiaty. 
The  probaUs  acconat  ia  that  the  Stmod  w< 
brought  In  the  rtgtilar  vrgmit 
tatio,  OB  DindiUi " — 


STHPOsnm 

described  abore.  We  may  therefore  Tentare  to 
set  down  ai  the  ^  Graeciu  mos  bibendi "  at  Rome 
(1)  the  wreaths  and  perfumea  [Cobona;  Un- 
auisirruic],  which  were  not  as  a  mle  worn 
dorine  dinner,  but  marked  the  beginning  of  the 
trvfLw&atw  or  the  comissatio  (Pint.  Sytnp,  iii. 
1,  1 ;  Athen.  xv.  p.  685  d ;  Mart.  z.  19),  and 
were  Greek  in  origin.  The  gradual  rise  of  this 
custom  is  perhaps  marked  in  Pliny's  notice  of 
two  persons  pnnished  for  wearing  flowers  to- 
wards the  end  of  the  Second  Panic  War  (jET.  N. 
zxi.  §  8).  (2)  The  appointment  by  the  dice  of 
one  among  tiie  company  as  president,  =  the 
Symposiarehy  and  called  rex  (Hacrob.  8ai,  ii.  1 ; 
Her.  0<L  L  4,  18),  arbiter  bSbendi  (Hor.  Of.  iL 
7,  25X  and  ma^iM«r  (Varro  ap,  Non.  142,  8 ;  cf. 
Hor.  8aL  vL  %^  123).  From  this  passage  of 
Vairro  we  may  perhaps  infer,  what  is  natural 
enough,  that  the  older  Romans  had  some  such 
president  of  the  party ;  but  the  magister  here 
also,  like  the  magisterium  of  Varro,  Z.  Z.  t. 
122,  may  possibly  refer  only  to  a  '^  publicum 
conviTium,^  and  we  shall  probably  be  right  in 
regardiuff  as  mainly  derired  from  Greece  the 
dntiea  of  this  post  described  in  the  first  part  of 
the  article— settling  the  proportions  of  wine  to 
water,  making  rules  for  the  entertainment  and 
enforcing  penalties  (dc  Verr,  r.  11,  28); 
while  at  those  parties  which  had  no  such  ruler 
appointed,  any  guest  could  follow  his  own  fancy 
as  to  drinking  much  or  little,  being,  as  Horace 
expresses  it,  **  solutus  legibus  insanis  '*  (Sat,  ii. 
6,  69:  the  same  absence  of  Symposiarch  is 
signified  by  the  '*  culpe  magistra  "  of  Sat,  it  2, 
123>  (3)  In  particular  the  method  of  drinkinflr 
healths  (propinaiio),  which  is  specially  noted 
as  Qraeoo  more  Inhere  (compare  Cic  Verr,  i.  26, 
66,  and  P8.-Ascon.  od  /be.,  with  Cic.  TWe.  i.  40, 
96).  This  consisted  in  naming  some  person,  and 
then,  after  touching  the  wine  with  the  lips, 
baniUng  the  cup  to  him  to  drain.  Before  the 
general  propinatio  there  was  a  custom,  whether 
widely  prevalent  or  not,  of  naming  some  deity. 
We  see  this  in  Plant.  Amm.  It.  1,  35,  and  con- 
nected with  it  is  probably  the  **  da  Lunae  pro- 
pere  noTae"  of  Hor.  Oa.  iii.  19,  if  we  reject 
the  very  ingenious,  but,  as  it  seems  to  us,  too 
fitndfal  interpretation  which  Hr.  Verrall 
(SiiidtM  in  Jlorace)  has  given  to  that  passage. 
In  imperial  times  Uiere  was  the  formal  toast  to 
the  emperor  (Ov.  Fbut  ii.  637 ;  Dio  Cass.  IL  19) ; 
and  then  the  propinatio  of  different  persons 
according  to  the  fancy  of  individual  guests. 

There  are,  however,  some  intricate  questions 
connected  with  the  Roman  health-drinking 
which  need  discussion,  especially  as  regards  the 
number  of  cyathi.  There  is,  of  course,  no  doubt 
that  the  rex  or  ar6ifer  fixed  the  proporif ons  of 
wine  and  water  just  as  in  the  Greek  symposium ; 
but  it  is  probably  an  error  to  understand  the 
passages,  which  mention  such  and  such  a 
numlwr  of  cyathi,  as  referring  to  thlt  propor- 
tion :  it  is,  we  have  little  doubt,  more  correct 
to  explain  them  as  specifying  the  amount  of  the 
mixture,  whatever  its  strength,  which  each  cup 
was  to  receive.  If  the  drinking  was  to  be  hard, 
large  cups  were  called  for  (Cic  Verr.  i.  26, 66 ; 
Hor.  Stt,  ii.  8, 35 ;  Plaut.  Cvrctd.  U.  3, 81),  so  that 
whatever  number  was  imposed  might  be  received 
by  each  guest  in  his  cup  and  drained  either  at 
one  draught  (like  the  Greek  A^vorlr)  or  not, 
according  to  the  injunctions  of  the  *'  leges  in- 


BTKDIOUB 


743 


sanae  **  (ce  Plin.  ^.  Wf  xiv.  §  145>  Accordingly 
we  find  the  specified  numbers  ranging  from  one 
cyathus  (Mart.  i.  106)  upwards;  and  when  a 
man  drinks  a  ^'septunx"  (Mart.  iii.  82)  or 
**  septeni  cyathi "  (Plaut.  Fere.  v.  1, 19^  it  means 
that  he  had  seven  cyathi,  le,  a  little  over  half 
a  pint,  poured  into  his  cup  at  once :  if  he  drinks 
a  «*be8,^  it  means  that  he  has  8  cyathi  in  his 
cup,  and  so  forth.  Marquardt  has  declared  for 
this  view,  and  GoU  inclines  to  it :  it  appears  to 
us  that  it  should  be  adopted  for  the  following 
reasons : — 1.  The  other  theory  would  involve  a 
perpetual  change  of  the  mixture  in  the  crater 
for  each  noane  that  was  proposed.  2.  In  this 
case  the  proportions  of  wine  and  water  would  be 
regulated  by  the  proposer  of  the  toast,  instead 
of,  as  b  commonly  believed,  by  the  rex.  3.  It 
involves  us  in  difficulties  of  numbers :  is  it  con- 
ceivable that  when  Martial  speaks  of  drinkinff 
«  one  cyathus "  he  means  a  mixture  of  whicS 
U  was  water  ?  (and  if  he  does,  what  is  the  use 
of  adding  **  diluti "  ?)  and  again  in  Id.  11  of 
Ausonius,  which  well  illustrates  a  vexed  passage 
of  Horace : 

«•  Tcr  faibe,  vd  totteos  temos;  sie  myalloa  lex  es^ 
Vel  trU  potantl,  vel  ter  tria  mulUpUcaBtt 
Impailbua  novies  temos  contexare  cnbum," 

the  suggestion  of  27  cyathi  as  a  possibility  ei- 
cludes  the  idea  of  fi-actional  numbers  where  the 
units:  12  cyathi.  No  doubt  it  is  seldom  that  the 
number  does  exceed  12,  but,  as  12  cyathi  = ' 
about  1  pint,  it  is  natural  that  the  amount 
allowed  to  each  cup  was  generally  much  less  s 
the  poet  in  Hor.  Od.  iiL  19  prefers  9  (rather 
under  a  pint)  for  each  draught,  the  moderate 
man  only  3.  In  Ovid,  Hut.  iii.  532,  this  is 
expressed  by  '^  ad  nnmerum  bibunt ;  '*  and  the 
suggestion  (of  course  a  poetical  exaggeration) 
that  in  drinking  ogee  of  the  guests  thev  might 
arrive  at  Nestor^  (Le.  90  cyathi)  strengthens  the 
argument  drawn  above  from  Ausonius. 

Similarly,  in  the  fanciful  adaptation  of  the- 
number  of  cyathi  to  the  name  mentioned  ift 
each  toast,  as  many  cyathi  are  ordered  as  there 
are  letters  in  the  name  (see  Mart.  i.  71 ;  xi  36, 
where  Gaius  gives  5  cyathi,  Julius  6,  and  Pro-^ 
cuius  a  6ess7  cyathi);  or  the  different  names 
of  the  same  man  taken  singly  or  combined,  in 
the  nominative  or  the  vocative,  might  allow 
great  variety,  **  Det  nnmerum  cyathis  Instantas 
litera  Rufi,"  &c.  (Mart.  viii.  51). 

[For  the  vessels  used,  and  the  means  of  cool- 
ing or  warming,  see  Calda,  Coldb^  CRATKBy 
PtrCTEB.]  The  amusements  at  these  parties 
are  mentioned  under  Cena  in  Vol.  I.  p.  397  b : 
that  the  Romans,  as  a  less  witty  and  refined 
people  than  the  Greeks,  depended  more  on  such 
amusements  and  less  on  conversation,  is  certainly 
the  case ;  but  it  is  a  matter  of  degree :  the  only 
essential  difference  lay  in  the  fact  that  at  Rome 
wives  and  children  might  possibly  be  present 
at  these  entertainment^  which  were  often  w 
edifying  orgies  (cf.  dc.  Verr.  i.  26,  66;  Plnl. 
QuaeiL  Oonv.  vii.  8,  4;  Sen.  Ep.  95;  Juv.  vi. 
425).  See  further  on  this  subject  Marquardt, 
PrityitUberiy  331-340;  Becker-GdU,  tifoZ/os,  i. 
203-211.  .  £0.  B.  M.] 

STNALLAOMCl  (^iwdAAoyyiaX     [Stmbo- 

LAEON.I 

STliDIGUS  (oMuus),  an  advocate^  is  fre- 
quently used  as  synonymous  with  the  word 


744 


SYNDICU8 


8YKEGORU8 


mnrjuyopos^  to  denote  any  one  who  pleads  the 
cause  of  another,  whether  in  a  court  of  justice 
or  elsewhere.  ^w^MtTy  also  is  used  indifferently 
with  mtmrfoptiv  or  trvvaeyttviiiffBai  or  trw^atutf 
(Andoc  de  Mytt.  §  150 ; — Dem.  c.  Zenoth.  p.  885, 
§  12 ;  c.  8Uph,  i.  p.  1127,  §  84 ;  cfe  Coron. 
Tfierarch,  p.  1232,  §  16,  etc. ;  c.  Onet  i.  p.  872, 
{  31 ;  0.  Mid.  p.  576,  §  190;— Hyper,  pro  Eux, 
c.  35 ;  [Dem.]  c.  Dionysod.  p.  1298,  §  50,  etc). 
The  state  or  a  corporation  or  a  priyate  individual 
might  be  represented  by  them.  Thus,  the  five 
(Dem.  c.  Tbnocr.  p.  707,  §  23,  Ux)  public  adyo- 
cates,  who  were  appointed  to  defend  the  ancient 
laws  before  the  Nomothetae,  when  new  laws  in 
their  stead  were  proposed,  are  called  oMucoi 
(Dem.  c.  Lept  p.  501,  §  146 ;  only  four  names 
are  given,  but  as  Wolf,  Prohg,  p.  145,  suggests, 
that  of  Leptines  must  be  added)  or  mnrlfyopoi 
(Dem.  c.  Tim/ocr,  p.  711,  §  36).  The  same  name 
was  applied  to  those  orators  who  were  sent  by 
the  state  to  plead  the  cause  of  their  countrymen 
before  a  foreign  tribunal.  Aeschines,  for  ex- 
ample, was  appointed  to  plead  before  the 
Amphlctyonic  council  on  the  subject  of  the 
Delian  temple,  but  for  some  reason  (Philostr. 
VUt,  Soph,  i.  18,  4)  the  council  of  Areiopagus 
removed  him,  and  appointed  Hypereides  in  his 
stead  (Dem.  de  Cor.  p.  271,  §  134,  (tMucos: 
mat.]  vat.  X  Oraii.  p.  840  £,  vw^yopos). 
These  extraordinary  advocates  are  not  to  be 
oonfounded  with  the  Pylagorae,  or  ordinary 
Amphlctyonic  deputies  (SchOmann,  da  Com. 
p.  321).  To  such  aiviucoi  refers  the  law  (Dem. 
c.  Lept.  p.  503,  §  152) :  fi^  ^{«iVai  ^h  rov  H/jmu 
X9iporon^4rra  w\4op  ^  &ira{  cvrSuc^a'ai :  see 
also  Aeschin.  c.  Tim.  §  19,  tof  rts  'AOii^aUty 
lrsHf4<rp  . .  •  fiv^^  ffvp^uaiffdrm  r^  8i|juoWy. — 
The  Demarchns  and  a^vSiKot  appear  as  accusers 
of  defaulters  before  a  court  of  Demotae  (Lolling, 
Mitth.  d.  d.  archdol.  Inet.  iv.  p.  203 :  cf.  p.  196). 
HMutoif  annually  elected,  took  part  in  the 
AiicifUHrta  of  new  members  of  an  fpaifos  (C.  I.  A. 
iii.  No.  23). — ^A  private  individual  either  chose 
tach  advocates  himself  or  his  fellow-tribesmen 
chose  them  for  him  (Andoc  de  Myit,  §  150,  o/ 
^Xirai  ol  iffniti^voi  fioi  avvititw ;  Dem.  c  Arie^ 
iOGT.  p.  689,  §  206 ;  Hyper,  pro  Eux.  c  26,  S^ica 
irvniy6povs  ix  riis  Aiyiiwos  pv\^s  ^riitrtf), 

^Mucoi  was  also  the  name  of  extraordinary 
functionaries  at  Athens,  appointed  soon  after  the 
overthrow  of  the  Thirty  Tyrants,  who  exercised 
jurisdiction  in  disputes  concerning  coniiscated 
property  (Harpocr.  «.  v.  wphs  ots  ra  hi/Atv6fiwa 
orc^pffro,  etc),  e,g.  when  an  information  was 
laid  against  a  man  for  having  in  his  possession 
goods  which  were  liable  to  be  seised  in  execution 
on  behalf  of  the  state  (Lys.  de  Bon.  Aristoph. 
$  32),  or  when  somebody's  property  having  been 
confiscated,  a  claim  was  made  by  a  mortgagee 
or  other  creditor  having  a  lien  thereupon,  to 
have  his  debt  satisfied  out  of  the  proceeds  (Lys. 
de  Pecun.  publ,\  or  by  the  wife  to  have  her 
dowry  returned  (^Att.  Proceea,  ed.  Lipsius,  p.  525, 
n.  127).  Such  a  claim  was  called  itftwia-mift^ui, 
and  to  prosecute  it  iytxurieiii^turBai  ([Dem.] 
c.  Timioth.  p.  1197  f.,  §  45  f. ;  Harpocr.  s.  v.,  etc). 
One  of  the  duties  of  these  ovyfiucoi  was  to 
receive  informations  from  the  ^^Xopx^  against 
those  persons  who  had  served  in  the  cavalry 
under  the  Thirty  Tyrants,  and  who  by  a  special 
decree  of  the  people  were  ordered  to  restore  to 
the  treasury  the  Kordcrao'iSf  ue,  the  sum  paid 


to  them  by  the  state  for  their  equipment  (Lyk 
pro  McmtUh.  §  7) ;  from  this  passage  it  would 
appear  that  such  money  was  as  a  rule  not  paid 
back  (Boeckh,  Sthh.  i.*  p.  319  f. ;  GroU,  Mist,  of 
Or.  viii.  p.  106,  differs  from  this  view).  {AtL 
Process^  ed.  Lipsius,  p.  921,  n.  443 ;  pp.  123- 
125 ;— ^h»ll,  Qvaeet.  Fiac.  Jw.  Att.) 

About  the  oiyBucot  in  Orchomenus,  see  Keil, 
Sya.  I.  B,  p.  15 :  in  Sparta,  Boeckh,  C  I.  0. 
i.  p.  610;  Marquard^  £dm.  Staattoerw.  I 
p.  522.  [C.  R.  K.]    [H.H.] 

SYNE'GOBUS  (awf^opos)  may  be  trans- 
lated  an  advocate  or  counsel,  though  suck 
translation  will  convey  to  the  English  reader  s 
more  comprehensive  meaning  than  the  Greek 
word  strictly  bears. 

According  to  the    ancient    practice   of  the 
Athenian  law,  parties  to  an  action  were  obliged 
to  conduct  their  own  causes  without  aisittancf 
(Quint.  Irut.  iL  15,  30) ;  but  on  the  increase  of 
litigation  the  sciences  of  law  and  rhetoric  begsa 
to  unfold  themselves,  and  men  who  had  paid  do 
attention  to  these  were  unable  to  compete  with 
more    experienced    opponents.     To    consult  s 
friend  before  bringing  an  action,  or  about  the 
best  means  of  preparing  a  defence,  were  obviooi 
expedients.    It  was  but  another  step  to  hare  s 
speech  prepared  by  such  friend  out  of  coort,  to 
be  delivered  by   the  party  himself  when  the 
cause  was  brought  to  trial.    A  class  of  penoni 
thus  sprang  up,  somewhat   in  the  nature  of 
chamber  counsel,  who  received  money  for  writing 
speeches  and  giving  legal  adrice  to  those  who 
consulted  them  Hsocr.  de  Perm,  §  41).    [Looo- 
QB4PHI.]    Antiphon  was  the  first  who  made  s 
profession  of  it  ([Pint.]  VUt.  X.  Oratt.  p.  832  C; 
according  to  Pans.  vi.   17,  8,  it  was  Tisiss). 
Still,  whatever  assistance  the  party  might  have 
received  out  of  court,  the  law  which  compelled 
him  to  appear  in  person  at  the  trial  remained  ia 
force;  although  the  prohibition  to  speak  by 
counsel  was  so  far  relaxed*  that  if  the  party 
was  labouring  under  illness,  or  through  say 
physical  or  mental  debility  was  unable  to  con- 
duct his  own  cause  without  manifest  dissdvsa- 
tage,  he  might  (by  permission  of  the  ooart) 
procure  a  relation  or  friend  to  speak  for  him. 
Thus,  when  Miltiades  was  impeached  for  treason, 
and  by  reason  of  a  gangrene  in  his  hip  wss 
unable  to  plead  bis  own  cause,  he  was  brought 
on  a  litter  into  court,  and  his  brother  Tissgorsi 
addressed  the  people  on  his  behalf  (Cora.  Nep. 
Milt,  c  7).    So,  when  Isocrates  was  HI,  his  too 
Aphareus  spoke  for  him  in  the  cause  aboat  the 
hnlioais    ([Plut.]    VUt.  X.  OratL  p.  839  C). 
And    in    the    speech  of  Demosthenes  agsiost 
Leochares  we  see  that  the  son  conducts  his 
father's  cause  (p.  1081,  §  4).    As  a  genersl  rale, 
the  party  was  expected  to  address  the  court 
himself;  for  the  judges  liked  to  form  an  opinion 
of  him  from  his  voice,  look,  and  demeanour ;  sad 
therefore,  if  a  man  distrusted  his  own  ability,  he 
would  open  the  case  himself  by  a  short  sfwech, 
and  then  ask  permission  for  his  friend  or  friends 
to  come  forward  (Hyper,  pro  Eux.  c  25  £ ;  P'v 
Lycopkr.  c  8  f. ;    [Dem.]    c.  PKorm.  p.  922, 
§  52 ;  c.  Neaer.  p.  1349,  §  14 ;  Aeschis.  c.  Cta^ 
§  202,  etc. :  cf.  SrHDicus).    This  wss  leldoin 
refused;   and  in  the  time  of  the  orston  the 
practice  was  so  well  established,  that  the  ptio- 
dpal  speeches  in  the  cause  were  not  nnf^uently 
made  by  the  advocate.     The  defence  by  Pemo- 


STNEGOBUS 

sthenei  of  Cteaiphon  against  Aeschines  may  be 
died  af  an  example.  In  this  it  will  be  seen  that 
Demosthenes  was  as  mnch  interested  as  the 
defendant  himself;  and  it  is  further  to  be 
ofaeerredY  that  the  adyocate  was  looked  upon 
with  more  favour  on  this  yerj  account ;  for  as 
no  fees  were  allowed  to  be  taken,  a  speaker  was 
regarded  with  suspicion  who  had  no  apparent 
motire  for  undertaking  the  cause  of  another 
person.  Hence  we  find  in  most  of  the  trwiiyih- 
^ucol  \iyot,  that  the  speaker  avows  what  his 
motires  are;  as,  for  instance,  that  he  is  con- 
nected by  blood  or  friendship  with  the  one  party, 
or  at  enmity  with  the  other,  or  that  he  has  a 
stake  in  the  matter  at  issue  between  them.  (See 
the  opening  of  the  speeches  of  Isaeus  de  Nicost. 
her.  and  de  PhUod.  her, ;  Isocrates,  c.  Euthyn, ; 
aad  Demosthenes,  c.  Lept.  and  c.  Androt,:  cf. 
Lye  c  Leocr.  §  138,  iiew^irXnytuu  fidkurra  M 
rois  ii'^T*  yivu  fi'fiTM  ^iX(f  /ii|8^r  wpoaiitcovirij 
tua$9v  M  ffvvearokoyoviiivois  &fl  rois  Kpwo^ 
/imif,  etc.)  In  the  cause  against  Leochares 
above  cited,  it  is  evident  that  the  son  had  an 
equal  interest  with  his  father  in  preserving 
the  inheritance,  and  therefore  he  would  be 
considered  in  the  light  of  a  party.  The  law 
which  prohibited  the  advocate  from  taking 
fees,  under  peril  of  a  ypai^  before  the  Thes- 
mothetae  ([Dem.]  c.  Steph,  ii.  p.  1137,  §  26 ; 
cf.  Plat.  Legg.  zi.  15,  p.  937  E  f.),  made  no 
provision  (and  perhaps  it  was  impossible 
to  make  an  effective  provision)  against  an 
influenoe  of  a  more  pernicious  kind,  viz.  that 
of  political  association,  which  induced  men  to 
support  the  members  of  their  club  or  party 
without  the  least  regard  for  the  right  or  justice 
of  the  case  ({vra»fiocr(ai  iwl  Miccus  irol  apx^h 
Thucyd.  viii.  54).  Hence  the  frequent  allusions 
by  the  orators  to  the  ipyoffr^pia  oviro^arr6y, 
l»ox9^p&y  kfBpAn^p  wpt9TfiKvrtv,  iFapturKtvks 
A^ywr,  futprfyenf,  ^vyw/iorwy,  all  which  expres- 
sions have  reference  to  that  system  of  confedera- 
tion at  Athens,  by  which  individuals  endeavoured 
to  influence  and  control  the  courts  of  justice. 
(See  Eraki;  Stoophaktes;  Reiske,  Index  in 
Orat,  AtL  s.  vv.  *ZpyturT^to¥  and  irapaaKw^.} 
That  friends  were  often  requested  to  plead,  not 
on  account  of  any  incapacity  in  the  party,  but 
in  order  that  by  their  presence  they  might  exert 
an  influence  on  the  bench,  is  evident  from  an 
Attentive  perusal  of  the  orators.  In  some  cases 
this  might  be  a  properly  legitimate  course,  as 
where  a  defendant  charged  with  some  serious 
crime  called  a  man  of  high  reputation  to  speak 
in  his  behalf,  and  pledge  himself  thereby  that  he 
believed  the  charge  was  groundless.  (For  this 
reason  Lycurgus  was  in  great  request  as  ^vtrff 
yopos:  [Pint.]  Viti.  X  Oratt.  p.  841  £;  Rutil. 
Lup.  cfe  Fig.  ii.  4.)  With  such  view  Aeschines, 
en  his  trial  for  misconduct  in  the  embassy, 
urayed  the  aid  of  Eubulus  and  Phocion,  the 
latter  of  whom  he  had  previously  called  as  a 
witness  (Aeschin.  F.  L.  sub  fin.). 

In  cases  of  dispute  concerning  the  amount  of 
tribute  to  be  paid,  the  members  of  the  confede- 
racy might  either  plead  their  cause  themselves 
(Antiph.  fr.  48  ff.)  or  through  ww^rp^p^*-  (Id.  /r. 
13).  Five  ffvrffyopot  were  chosen  to  represent 
the  olffof  AciceAfiwir  in  the  assembly  of  the 
phratrv  (C.  /.  A.  ii.  No.  841  b,  1.  31  ff.). 

"Xvpfyopoi  (or  Kwrityopoi)  was  also  the  name 
given   to   the   public    advocates    appointed  to 


8YNEG0RUS 


745 


manage  the  prosecution  in  causes  of  importance, 
wherein  the  state  was  materially  interested, 
more  especially  in  those  which  were  brought 
before  tne  court  upon  an  clo-aTTcAfa  (in  the 
fifth  century,  Lipsius,  Leipx,  Stiid.  vi.  p.  320). 
Thus,  Pericles  was  appointed,  not  at  his  own 
desire,  to  assist  in  the  impeachment  of  Cimon 
(cfs  riiv  KaTriy6p€tw  Mt  rod  S^/tov  vpo/Sc/SAii- 
fi4roSf  Plttt.  Pericl,  10).  The  generals  might 
choose  from  the  senate  trmthyopoi^  not  more  than 
ten  in  number,  to  assist  in  prosecuting  Anti- 
phon,  Archiptolemus,  and  Onomacles  for  treason 
([Pint.]  Vitt.  X.  Oratt.  p.  833  E>  Public 
prosecutors  were  chosen  by  the  people  to  bring 
to  trial  Demosthenes,  and  others  charged  with 
having  received  bribea  from  Harpalus  (ten 
Kor^rtopot,  Dinarch.  c.  Dem,  §  51;  c.  Ariitog. 
§  6:  see  also  Jebb,  Att,  Orators,  i.  p.  222). 
[Rhetorice  Graphe.]  The  fee  of  a  drachm 
(rh  ffvrnyopiKhv)  mentioned  by  Aristophanes 
(  Veep,  691)  was  probably  the  sum  paid  to  the 
public  advocate  per  diem  whenever  he  was  em- 
ployed on  behalf  of  the  state. 

In  ordinary  cases,  however,  the  accuser  or 
prosecutor  (learfiyopos)  was  a  distinct  person 
from  the  awiryopos,  who  acted  only  as  auxiliary 
to  him.  It  might  be,  indeed,  that  the  <rua^ 
yopos  performed  the  most  important  part  at  the 
trial,  as  Anytus  and  Lycon  are  said  to  have 
done  on  the  trial  of  Socrates,  wherein  Meletus 
was  prosecutor;  or  it  might  be  that  he  per- 
formed a  subordinate  part,  making  only  a  short 
speech  in  support.  But,  however  this  might 
be,  he  was  in  point  of  Uw  an  auxiliary  only, 
and  was  neither  entitled  to  a  share  of  the 
reward  (if  any)  given  by  the  law  to  a  successful 
accuser,  nor  liable,  on  the  other  hand,  to  a 
penalty  of  a  thousand  drachmas,  or  the  ikrifda 
consequent  upon  a  failure  to  get  a  fifth  part  of 
the  votes.  Here  we  must  distinguish  between 
an  advocate  and  a  joint  prosecutor.  The  latter 
stood  probably  precisely  in  the  same  situation 
as  his  colleague,  just  as  a  co-plaintiff  in  a  civil 
action.  The  names  of  both  would  appear  in  the 
bill  (JfyKkiitia),  both  would  attend  the  it^dxpuru, 
and  would  in  short  have  the  same  rights  and 
liabilities;  the  elder  of  the  two  only  having 
priority  in  certain  matters  of  form,  such  as  the 
wpwTokoyla  (argum,  Dem.  c.  Androt  p.  592). 
In  the  proceeding  against  the  law  of  Leptines, 
there  were  two  prosecutors,  Aphepsion  and 
Ctesippus  the  son  of  Chabrias ;  each  addressed 
the  court,  Aphepsion  first,  as  being  the  elder ; 
each  had  his  advocate,  the  one  Phormio,  the 
other  Demosthenes  (argwn.  p.  453  f.). 

There  seems  to  have  been  no  law  which 
limited  the  number  of  persons  who  might  appear 
as  advocates,  either  iii  public  or  private  causes. 
There  was,  however,  this  practical  limitation, 
that  as  the  time  allowed  for  speaking  to  either 
party  was  in  most  cases  measured  by  the  clepsy- 
dra, if  either  chose  to  employ  a  friend  to  speak 
for  him,  he  subtracted  so  much  from  the  length 
of  his  own  speech  as  he  meant  to  leave  for  that 
of  his  friend,  and  the  whole  time  allowed  was 
precisely  the  same,  whatever  the  number  of 
persons  who  spoke  on  one  side  (this  applied  aUo 
to  the  public  advocates,  Dinarch.  e.  Dem.  §  114; 
c  Aristog.  §  6 ;  for  an  exception,  see  He&iss,  iv.). 
Both  parties  were  usually  (not  always :  cf.  Dem. 
F.  Z.  p.  407,  §  213)  allowed  to  make  two 
speeches,  the  plaintiff  beginning,  the  defendant 


746 


STNEGOBUB 


following,  then  the  plaintiff  replying,  and  lastly 
the  defendant  again.  These  are  often  called 
K6yoi  wp6T€poi  and  Hartpot  respectively,  hut  are 
not  to  be  confounded  with  the  trwiiyopUu  or 
i€UT§po\oyiiu  which  immediately  followed  the 
gpeecn  of  the  party  in  whoee  faroor  they  were 
made.  (Att  Process^  ed.  Lipsins,  pp.  920-925, 
759.) 

With  respect  to  the  custom  of  prodncing 
friends  to  speak  in  mitigation  of  damages  or 
punishment,  see  TncEMA.  As  to  the  public 
advocates  appointed  to  defend  the  old  laws 
before  a  Heliastic  court^  see  Syitdicus,  Nomo- 

THETES. 

It  has  been  shown  clearly  by  Schdmann,  that 
Petitus  was  wrong  in  supposing  that  the  orators 
or  statesmen  who  spoke  in  the  assembly  are 
called  trvy^pot  {Legg,  Attic,  iii.  3,  p.  344  f., 
''Qnamquam  inter  Hagistratus  censendi  non 
sint  Oratores,  tamen  iy  tois  iBicirois  non  sunt 
numerandi,  cum  expressis  verbis  distinguantur 
ab  iis  in  Aeschlnis  Or,  adv.  Thn,  (§  8),  rplroy 
8*  4^t^7is  robs  vepl  rAv  AWmw  ^Aiki£v,  ob 
fi4yov  «cpl  r&w  tBurr&p  &XX^  mtl  ircpl  r&y  fm- 
r6pwp  . . .  Nemo  autem  temere  huic  Oratorum 
albo  adscribebatur,  sed  quotannis  decern  sorte 
legebantur,  qui  drachmam  de  publico  accipie- 
bant,  eo,  quo  orabant,  die  docet  Aristoteles  ap. 
Schol.  Aristoph.  ad  hunc  e  Veapia  versum  (689) : 
iKdfifiayoy  yhip  ol  /W^ropcs  ^MX^^'^t  ^*  trvvit 
y6pow  Mp  rris  irA\§ws  ^  Mp  &XXov  rir^s.  4k 
ro(nov  ik  ^edyrrtu,  8ri  fuff0o^6pos  i|y  if  ^x4* 
KAsipwTohs  9^  ytPOfUyous  8/ica  vtfyiiy6povs  'Apt' 
tmniKus  ^<rUr.  Qui  enim  irw^yopoi  hie 
dicuntur,  ii  sunt  flrroptSy*'  etc.).  The  speakers 
in  the  popular  assembly  are  always  distinguished 
by  the  title  of  ^opn  or  ^fifttfiyopoif  or,  if  they 
possessed  much  influence  with  the  people, 
9iifiar/wyol :  and  it  is  not  to  be  supposed  that 
they  constituted  a  distinct  class  of  persona, 
inasmuch  as  any  Athenian  citizen  was  at  liberty 
to  address  the  assembly  when  he  pleased; 
though,  as  it  was  found  in  practice  that  the 
possession  of  the  /Bij/ia  was  confined  to  a  few 
persons  who  were  best  fitted  for  it  by  their 
talent  and  experience,  such  persons  acquired 
the  title  of  ^opcs,  etc  (Schumann,  de  Oomit 
pp.  107-109,  210;  Jowm.of  PhiM,  iv.  p.  90  f.). 
There  appears,  however,  to  have  been  a  regular 
appointment  of  ovW^o/nh,  ten  in  number,  with 
whom  the  Scholiast  on  Aristoph.  /.  c.  confounded 
the  P'hropts  or  orators,  viz.  the  officers  who 
assisted  the  I/)gistae  in  auditing  magistrates* 
accounts:  cf.  Bekk.  Anecd.  i.  p.  301,  4,  vw^- 
yopot  ipxorr§s  ^w  Khtiptnoi  oX  rots  Xoyurreus 
4fio4fiow  irphs  riu  M^yas  r&w  hp^irrmv  riy& 
hpxhP*  and  Lex,  Rhetor.  CanJUAr,  p.  672,  24, 
Aoyiarhs  alpourrai  Una  • .  •  aal  &AAovs  Uxa 
^vvny^pws  otru^s  ffwayaieplyovfft  robots: 
Photius,  a.  V,  ob  fi4yop  ot  rots  iSt^ais  avya- 
yop§6oirr§Sj  &XA&  koI  tfpx^*^*'  'AHniffty,  See 
also  the  oath  of  the  mtvifyopot  of  the  Myrrhinu- 
sians  in  C.  I,  A,  iL  No.  578;  R.  Schtfll,  de 
Syneg.  Att,  p.  30  ff.  Aristotle  (PoiiL  vU.  5 
(8  B),  §  10)  says  that  the  authorities  to  whom 
magistrates  rendered  their  accounts  were  called 
in  some  of  the  Greek  states  tUBwot  (e,g,  in  Teos, 
Dittenberger,  Syll,  No,  349,  58  ff.),  in  others 
Xoyurred  (e.g.  in  Ephesus,  Dittenberger,  Syil. 
No.  253,  29  ff. ;  Issa,  C,  /.  &.  No.  1834,  etcX 
in  others  4^er9urTai  (e.g,  in  Erythrae,  Ditten- 
berger, Syll.  No.  370,  25;    in  Nesos,  Hicks, 


STK6BAFHE 

Manual^  No.  138,  etc)^  and  in  others  vwiyopoi 
(e.g.  in  lasus,  Dittenberger,  No.  77, 11 ;  GUbert, 
Handb.  d.  Oriech,  Staatsalt,  ii.  p.  336).  {Att. 
Process,  ed.  Lipsius,  p.  115.)  Three  <ruHi7opoi 
are  mentioned  in  a  decree  of  Zelea,  to  be  diosea 
by  lot  from  amongst  nine  citizens  elected  to  act 
as  hfwperai  r&w  x^P^^  rmy  8itfu»ri«r,  etc. 
(Dittenberger,  Syll.  No.  113, 1'.  30  ff.)    [H.  H.l 

SY'NGBAPHE  {irvyypa^)  signifies  a 
written  contract  (ypaft^uiTuoy);  whereas  evu- 
fi6Katoy  does  not  necessarily  import  that  the 
contract  is  in  writing;  and  6fM?<iryla  is,  strictly 
speaking,  a  verbal  agreement  (Valerius  on 
Uarpocr.  s.  v.  4urur$€riraroy)^  x^V^TP^'P^  ^ 
a  term  foreign  to  Attic  law  (it  first  occnn 
Polyb.  XXX.  8,  4). 

No  particular  form  of  words  was  necessary 
to  make  the  instrument  valid  in  point  of  law, 
the  sole  object  being  to  furnish  gomi  evidence  of 
the  parties'  intention.  The  agreement  itself 
was  valid  without  any  writing;  and  would 
form  the  ground  of  an  action  against  the  party 
who  broke  it,  if  it  could  be  sufiiciently  proved. 
Hence  it  was  the  practice  to  have  witnesses  to 
a  parol  agreement.  The  law  declared  npias 
etyai  ria  irpbs  AAX^Aovs  d/ioXoytor,  At  tb  4weania9 
futpr^ptey  votf^ffmi^au  ([Dem.]  e.  Phaemjpp, 
p.  1042,  §  12;  c  Everg.  ct  Mnea,  p.  1162,S  77; 
c  Dionyaod.  p.  1283,  |  2*  Plat.  Syn^  p.  196 
C).  This  was  especially  the  practice  in  early 
times  {apfiaytoif  IL  zzii.  255;  ovyrntMinm, 
IL  xxii.  261 ;  or  ^pat,  Od.^  xiv.  393 ;  Platser, 
Notion,  juris  etiuatex  Han.  et  Hea.  oaroL  etfL 
p.  142  f. ;  see  also  Solon's  law  in  Bekk.  Anecd.  I 
p.  242, 20  ff.).  But  as  the  art  of  writing  became 
more  widely  known,  parol  agreements  grew 
rarer,  and  contracts  were  as  a  rule  redncd  to 
writing ;  *  and  it  seems  that  for  the  nuuntenanos 


*  It  seeins  that  such  contracts  yere  written  ettber  od 
wu  tablets  or  on  papymi.  In  Dem.  &  Mwyapd-  ^ 
1283,  ^  1,  the  borrowerbae  in  every  respect  the  adTui- 
tage  over  the  moBey-teiider:<he  gets  tnm  hfas  mooey 
*«~iinutfd  caah  and  in  sterUng-ools,"  and  leaves  him  for 
it  his  agreement"-^  ypmfiftmntAiip  iw9^  yaAMicr  w*vt* 
M»>v  «<d  fiifi\ai^  iMJcpf  »iy«b  Salinasins  rtgftiiy 
diattognlshes  between  ypay^amnfitmy  and  fiifiJiOim  as 
regards  the  material;  but  his  view  that  by  y^af^fimmf 
6tw  the  ovyT/pmi^  was  meant*;  aud  by  fitfiji^tm  ^ 
ytppvyw^or.  is  not  correct,  slboe  x*»p^'|y^a»  i>  *  ^^'^ 
miga  to  Attic  law  (de  Mad.  Unar.  p.  409 :  "per  ypofi- 
ftandiw  intelligit  tabnlaa  ajngrapharam,  per  fitfiiAar 
chirographa,  quia  ut  syngi^phae  In  taboUs  ceratis  per- 
scribebantar,  lu  chirognpha  in  chaftaoeia,  <nio  p*fikSU» 
appeUahantor."  Svyypttf^  might  be  called  eftfaer  Tpart- 
M«Ttt8i«r  or  /k^AiSiov,  aococtling  to  the  laaterial  it  vat 
written  on.  Thus  Cms  distinguished  the  two  woida 
^lyw^ Mogn, p.  UO  sup Jki.) I  mriai' in  fumyp'l^ 

ktytnt,  rb  nucffby  fitfii^  YP^MMMmar  «JUl'  ^  pttpi  UA* 
rof :  cl  Birt,  d.  antOK  AMA«peaei^  p.  21, «  by /MAAar  ve 

must  understand  one  or  more  leaves  of  p^iyns."  Tte 
above  ezplanatioD  given  by  Ondat  (d.  /erwuttm  Tir> 
trSge  dea  fMiMren  rSm.  OUtgatiimtrtdda,  etc.,  p  4T8), 
by  which  »aL  is  taken  in  a  dii^unctive  sanae,  la  more 
probable  than  his  suggestion  thai  /k/UiSior  waa  the 
wrapper  or  oover  of  the  #«yyp«4i|k  rp«^#MtrMr  oocoia 
in  the  newly  dlscovcted  speech  of  Hyps.  c.  Atkaag. 
(of  whkh  oolmnasS  «nd:4.are published  la  the  Bam 
dea  itvOea  Ortoqmea,  1889,  by  ReviUont,  p.  1  ft,  sad  liy 
BelDaoh,  p.  ie»  ir.>  c.  4:  ^m  M  ovtw  ^w^^m  ap^ 
ili4 '  Av  fy«»  iyvfivm^tcoiiLiimy  ^tiwjlimavw  •••  m2  ##•"* 
vwTM  rius  ova^of  ««#^  «r  rif  mirf  aunfv  b*  n^ 
rmv  w^pmn/ivrmy  ^  Jucevvm  ri  iyf^fpafipdim,  ayaavy 


STNGBAPHB 

of  an  4/aropiitii  Zticri  it  was  neoetsary  to  have  a 
written  contract  (Dera.  c.  2!enoih.  p.  882,  §  1). 
Such  contracts  were  leases  (jutrB^tts :  cf.  Dem. 
pro  Phorm.  p.  945,   §  4,  a/  vwOfiKai  Ka0  At 
4pLlirBwc€  TUuritov  r^v  Tpdv§(caF  roin^fX  c  Steph, 
i.  p.  1111,  §  31 ;  c.  Fantaen,  p.  968,  §  5),  loans 
of  money  (Dem.  c.  Phonn,  p.  908,  §  6 ;  0vy^ 
7|M^  vcivriical  and  iTyctcu,  c.  Lacrit.  p.  932, 
§  27,  and  Bekk.  Anecd.  i.  p.  283,  9  f.,  or  ov/iiB^ 
Acua  yauTink  and  IVycia,  I>em.  c.  Apciur,  p.  893, 
§   3),    and    all    executory    agreements,  where 
certain  conditions  were  to  be  performed.    *Eic8t- 
8Jyai  Mpiayrti  Kcrrk  mr/ypaipritf  is  to  give  an 
order  for  the  making  of  a  statue  of  certain 
dimensions,  of  a  certain  fashion,  at  a  certain 
price,  etc,  as  specified  in  the  agreement  (Dem. 
de  Cbr.  p.  268,  §  122 ;  cf.  [Andoc]  c.  JUcib. 
§  17;   Xenoph.  de  Re  Equett  2,  2:  see  also 
Dem.  c.  Apatur,  p.  897,  §  14  f. ;  c.  (Hyntpiod, 
p.  1170,  §  10  f. ;  Lye.  c.  Zeocr.  {  23;  Aeschin. 
c  Tim,  §§  160,  165,  etc).    The  rent,  the  rate  of 
interest,  with   other  conditions,  and  also  the 
penalties  for  breach    of   contract    ([Dem.]  c. 
Ifkoetr.  p.  1249,  §  10;  c.  Dumysod.  p.  1291, 
§  27,  etc),  were  particularly  mentioned  in  these 
agreementis,  and  the  names  of  the  witnesses 
([Dem.]  c.  Olympiod,  p.  1170,  §  11,  etc)  and  of 
the  sureties  (if  any,  Dem.  c.  Apcttur,  p.  904, 
§  35)  were  specified.    The  agreements  them- 
selves were  sealed  by  the  parties  (also  by  the 
surety,  Dem.   c   Lacrit,  p.   928,  §    15),  and 
deposited,  before  witnesses  (p.  927,  §  14^  with 
some  person  (or  persons  in  case  of  duplicate 
copies,  Dem.  c,  Phorm,  p.  916,  §  32),  mutually 
agreed  on  between  the  parties  (C  /•  A.  ii. 
No.    573;    Dem.  c.  Phorm.  p    908,  §  6;  c 
Apatwr,  p.  904,  §  36 ;  Lye  c.  Leocr.  §  23,  etc). 
An  example  of  a  contract  on  a  bottomry  loan 
(yavruc^  ffvyypotj^)  will    be    found    in  Dem. 
c.  Lacrit,  p.  926,  {  10  ffl,  where  the  terms  are 
carefully  drawn  up,  and  there  is  a  declaration 
at  the  end,   Kvpturtpoy  9h  mpl  roinmy  &XA^ 
Itrfikw  thai  rrjs  tfiryypo^s,  **  which  agreement 
shall  be  valid,  anything  to  the  contrary  not- 
withstanding" [Fenus]  (cf.  Dareste,  Btdl,  de 
Correap,  HeiUh.  1884,  pp.  370-376).     Bankers 
were  oflen  chosen  as  the  depositaries  of  agree- 
ments and  other  documents,  having  peculiar 
confidence  reposed  in  them.    Money  was  put 
into  their  hands  without  any  acknowledgment, 
and    often  without   witnesses.      They  entered 
these  and  also  the  loans  made  by  themselves  to 
others  in  their  books  (ypd/iftara  OT^ofurtifun'a\ 
and  such  entries  served  practically  the  same 
purpose    as    a    ffvyypa/^iif  being    accepted    as 
evidence  in  courts  of  justice  (Isocr.    Trapex, 
S§  2,  53;    Dem.  pro  Phorm,  p.  950,  §   20; 
p.   956,   §  36,  etc    Philippi,  however,  denies 
these    bankers'  books    any    special    authority, 
JahHf,  f,  dase.  PhiM,   1866,  p.   611  ff.).— in 
Sparta  such    agreements   were    called    ickdpia 
fPlut.  Agis,  13)  or  o'lrvrcUoi  (Photios,  s.  v.); 
for  the  peculiar  formalities  observed  in  drawing 
them  up,  see  Schol.  Aristoph.  Av,  1284,  and 
Suid.  «.  V,  amrdXii,     Amongst  the  Locrians 

Ypm>f*f  fMT*  ipkoA  Viiutva  ror  K^tf^uriu*  iMBAmt  V 
hr\  ih  itvpmrmkuovt  ih  itJkv  ypofifMirMor  rutfcfMAft  wmpk 
AwrucAcft  AcvKowoM  . . .  rii'  f^  rod*  ^tXovt  mu  row 

«v«yt«'M<ncoiMr,  etc.  This  same  speech  in  c  3  and  4  hss 
twice  mention  of  »Aj|pt*ra*  rmv  ipitrnv. 


8TN0IKIA 


747 


evyypa^  were   not   allowed  (Zenob.  v.  4). 
{Att.  ProoeUj  ed.  Upsius,  p.  675  ff.) 

For  avyypapai  (C.  /.  A.  iv.  No.  22  a;  Lys. 
c  Hicom,  §  17  f.)  in  the  sense  of  bills  prepared 
by  special  committees  ^ffvyypaif€h\  '*ordon- 
nances,  une  cat^gorie  de  mesures  leffislatives  qui 
est  distincte  des  loi^  et  des  d^crets,*' see  Foucart, 
BuU.  de  Corresp.  ffellOi,  1880,  p.  248  ff.; 
Sauppe,   Attica   et  Eletu,  p.    10  ff.    [NOHO- 

THETE8.1  [C.  R.  K.]     [H.H.] 

SYNOI'KIA  (ffvpouda)  differs  from  oUda  in 
this :  that  the  latter  is  a  dwelling-house  for  a 
single  family ;  th^  former  is  adapted   to  hold 
several  familioB,  a  lodging-house,  insula^  as  the 
Romans  would  lay.     The  distinction  is  thus 
expressed  by  Aeschlpes  (c.  Tim,  §  124):  twov 
fthf  ykp  woAAol  /AUf^tMrdiiwog  /liaar  oXmiviy  Sie» 
XofMrei  llx^^'^h  vwoutloM  KoKoufiWj  owov  8*  ctr 
iyoucuf  oUUofm     The  lodging-houses  were  let 
mostly  to  foreigners  who  came  to  Athens  on 
busineas,  and  especially  to  the  /i^oucoi,  whom 
the  law  did  not  allow  to  acquire  real  property, 
and  who  therefore  could  not  purchase  houses  of 
their  own  (Dem.  pro  Phorm,  p.  946,  §  6).    As 
they,  with  their  families,  formed  a  population 
of  about  45,000,  the  number  of  cwouttai  must 
have  been  considerable.      Pasion,   the   banker, 
had  a  lodging-house  valued  at  100  minaa  ([Dem.] 
c.  Sieph,  i.  p.  lllO',  §  28).    Xenophon  recom- 
mended that  the .  fjUromot  should  be  encouraged 
to  invest  their  money  in  houses,  and  that  leave 
should  be  granted  to  the  most  respectable  to 
build  and  become  house-promrietors  (otKoSofni- 
aaiUpois    iyit§KT^<r$ah  de    Vect,   2,  6).      The 
t<roT€k§is  laboured  under  no  such  liability;  for 
Lysias  and  his  brother  Polemarchus,  who  be- 
longed to  that  class,  were  the  owners  of  three 
houses  (c  Eratoath,  §  18).    The  value  of  houses 
must  have  varied  according  to  the  stxe,  the 
build,  the  situation,'  and  otiier  circumstances. 
Those  in  the  city  were  more  yaluable  than  those 
in  the  Peiraeus  or  the  country^  caeteris  paribue. 
Two  country-hoi^ses  are  mentioned  by  Isaeus 
(Hagn,  §  42)  as  yielding  a  return  of  a  little  less 
than  8i   per  cent,  interest  on  the  purchase- 
money.    But  this  probably  was  much  below  the 
average.     The  summer  season  was  the  most 
profitable  for  the  letting  of  houses,  when  mer» 
chants  and  other  visitors  flocked  to  Athens. 
The  rent  was  commonly  paid  by  the  month. 
Lodging-houses  were  frequently  taken  on  specu- 
lation by  persons  called  tmiitktiooi  or  araBfuv' 
XOh  who  made  ^,.  profit  by  underletting  them, 
and  sometimes  for  not  very  reputable  purposes 
(Isae.  Phjhct,  {19).    Hesvchius  explains  the 
word  povickiipos  *  6    owoucigf  wpo^crits  irraB» 
fAoVx^'i   <^<i  Harpocration   (s.  v.),  and   Lex, 
B/tet.  Cantabr,  p.  673,  20,  remark  that  Hype- 
rides  used  the  word  in  a  peculiar  sense  for  6 
fi9fiurBwii4rof    M  r^  r&    ivoiKta    ixKiytiv  % 
ohciat  1^  cwoUuas.    (Boeckh,  8thh,  i.*  pp.  49, 
84,176ff.)  [C.  R.K.]    [H.  H.] 

SYNOI'KIA  (fryvolKM  or  irvyoucso'ia),  a 
festival  celebrated  every  year  at  Athens  on  the 
16th  of  Hecatombaeon  in  honour  of  Athena.  It 
was  believed  to  have  been  instituted  by  Theseus 
to  commemorate  the  concentration  of  the  govern- 
ment of  the  various  towns  of  Attica  and  Athens 
(Thucyd.  ii.  15;  Steph.  Bys.  «.  o.  'hBripaC). 
According  to  the  Scholiast  on  Aristophanes 
{Pax^  1019),  an  unbloody  sacrifice  was  on  this 
day  offered  to  the  goddess  of  peace  (c/^nf) 


748 


SYNTAXIS 


[fX  /.  A.  i.  1573.  Thia  fuUval,  which  PlaUreh 
(_TAe$.  24)  ulli  litrolaa,  ia  mentioned  both  by 
him  and  bj  Thacfdida  u  itill  h«ld  in  their 
days.  It  niDit  not  b*  connected  with  thi 
PankthsniM  (wbich  mi  ■  far  moTo  andant 
featiral),  u  hu  been  done  by  ume  writen,  but 
matt  be  reearded  nther  M  ■  teparale  peace  fst- 
tiTaU    (A.  Uommien,  BtorM.  p.  114.)    [L  S.] 

8YNTAXIB  (o^vrafu),  a  contribution. 
■ueumcDt.  Under  the  reTived  Athenian 
empire  in  the  4th  century  B.C.  tha  Phobos  of 
the  Sth  century  wu  enphemiitically  called  by 
thii  name.  The  reaisertion  of  marilime  aupre- 
macy  by  the  Atheniani  datei  formally  fntm  the 
archoD»hip  of  Ninaimcna  (b.c.  378-7);  but 
there  are  iudication*  that  the  leryiug  nf  tribute 
had  begun  a>  early  ai  380,  the  daU  of  the 
J'anggyricus  of  laocratea  (robr  mfffi^tit  laff/io- 
Xryiir,  S  139  ;  rir  KiutAdtwr  i^cra'  iii^urBff 
raS^tr,  j  136).  The  pretence  of  equal  and 
honourable  alliance  wat  aoon  dropped,  and  the 
new  confederacy  became  aa  unpopular  aa  the 
old.  nieie  rurrUta  are  freqaently  mentioned 
by  theOraton  (\kict.  Argap.  S  2 ;  da  Pace,  §  38  ; 
Anlid.  i  113 ;— Dem.  de  Pace,  p.  60,  S  13  ;  iti 
Cor.  p.  305,  S  234 ;  marrHtu  nl  f  Jpavi,  Iiocr. 


a  Plutarch  ire  Gnd  an  il 
or  Ifa>  conaidarate  way  in 
tiona  might  be  lened  (PAoc  7) ; 


nd  of  the 


aoft    namea    (fr«sp(f<irtai,  Sol.    15: 
^ipmit  mirrifiis  ia  one  of  hla  ioitancei). 

(Boeckh,  book  iil.  ch.  IT,  "On  the  Tributei 
and  Allice  of  Athena  after  the  Anarchy,"  eap. 
P.  E.  p.  418  IT.  =  Stiili.*  i.  494  ff.,  with  Kiilnkel's 
notaa;  Grote,  cc  75,  77,  toI.  vil.  pp.  38,  90,  ed. 
1862,  and  note  on  nrrittit,  p.  91.)      fW.  W.l 

SY'NTHESia.  The  ayutheua  wai  a  coatume 
ipeciallj  made  for  wearing  at  dinner,  and  wM 
alao  known  a*  vntU  (xaatona  ^l^Ta^L^|  ttiarrrit) 
or  omalDf-rMm  alone.  It  aeenu,  from  the  other 
naea  of  the  word  ayrdhtiit,  to  have  been  a  auit 
nther  than  a  aingle  garment,  and  «aa  apparently 
eaaily  put  on  and  off,  for  we  hear  of  dandiea 
wearing  urerol  chongei  of  attire  at  the  lame 
dinner  (Mart.  t.  79,  2).  It  waa  mort  in  Togne 
during  the  Satumnlis  (Mart.  xiv.  1,  I,  tic.); 
and  it  cannot  hare  been  altogether  a  faihion  of 
the  timea  of  the  Empire,  for  the  Arral  brotheti 
wore  it  at  their  feaiti  (Jcbi,  ST  [Msi,  218,  219J, 
IT  [Uai,  2411).  In  their  caae,  aa  befitted  a 
aolemn  feittTal,  the  ayntbraia  waa  white;  but 
for  ordinary  occssioni  green  (Mart.  i.  29,  4), 
purple  (Petron.  30),  and  other  bright  eolonra 
(Mart.  ii.  46)  were  preferred.  (Uarquardt, 
PHcatMen,  pp.  322,  371 ;  Iwan  Uiillur,  Hand- 
Imdi,  pp.  8T5,  928 ;  Becker-Oall,  Oo/tui,  1.  15.) 
[W.  C.  y.  A.] 

SYBINX  (rippyO,  any  sort  of  pipe  or  tube 
(ate  Dictionariea),  but  especially  the  Pan'i 
Pipe,  or  Paodeaa  Pipe.  Thii  wu  the  appro- 
priate musical  instrument  of  the  Arcadian  and 
other  Grecian  shepherd),  and  was  regarded  by 
them  a>  the  inrention  of  Fan,  their  tutelary  god 
(Verg.  Ed.  ii.  32,  riii.  24),  who  was  sometimea 
heard  playing  upon  it  (crvpl^v:  see  Theocr.  i. 
3,  14,  19;  Schof.  >n  ho.;  Longna,  W.  2T),  as 
they  imagined,  on  Mount  Maenatus  (Pans.  TliL 
S6,  S  by  It  i«  aimilarly  attributed  to  yaunui 
(Hor.   Cd.  1.  IT,  ID).     When  the  Roman  poeU 


STBINX 

had  occaaion  to  mention  it,  they  called^tt  JlaMs 
(Verg.  Ed.  ii.  3S,  uL  23,  25 ;  Hor.  Od.  it.  12, 
10 ;  Orid,  Jfat.  viiL  192,  lili.  T84 ;  Hart.  iit. 
63;  Tibull.  1.  6,  30;  de.  dt  Orat.  iu.  61,  SaS). 
It  was  also  vacionsly  denominated  according  to 
the  materials  of  which  it  waa  conttmcted, 
whether  of  cane  (tmtn  armdine,  Verg.  EeL  n.  8; 
Horn.  St/mti.  tn  Faaa,  15;  niftfrly  tii^m, 
Brunck,  Anal.  I  489^  read  (atfamo,  Terg.  Ed. 
i.  10,  IL  34,  T.  2;  KiXafuit,  Theocr.  Tiii.  24; 
Longus,  i.  *),  or  hemlock  (dcata,  Verg.  Ed.  7. 
85).     In   general  seven  hollow  atemi   of  these 

Clanti  were  fitted  together  by  mean*  of  wai, 
afiug  been  prerioualy  cut  to  the  proper  lengths, 
and  adjusted  so  as  to  form  an  octave  (Verg.  EcL 
ii.  32,  36);  but  sometimea  nine  were  admitted, 
giving  an  equal  number  of  notes  (Theocr.  viii. 
18-22).  Another  refinement  in  the  oonstmction 
of  this  instrument,  which,  however,  was  rarely 
practised,  was  to  arrange  the  pipes  iu  a  curvt 
so  as  to  fit  the  form  of  the  lip,  instead  of 
arranging  them  in  a  plane  (Theocr.  i.  129).  A 
syrini  of  eight  reeds  ia  shown  in  the  gem  figond 
on  page  305.  The  inference  ftom  Athen.  iv. 
p.  1S4  ia  that  thi  syrini  of  joined  reeds  was  sn 
im  proTement  on  the  single  re«d-|Hpa,  which  ha 
calls  /umadXa^r  irvpiYt :  In  the  tradition  there 
cited  Uermea  invented  the  single  npcyi,  Silenos 
the  wnXvKdfu^iat,  and  Uaiayaa  the  method  of 
joinlog  with  wax.  The  annexed  woodcnt  is 
taken  from  a  baa-relief  in  the  colleetioD  at 
Appuldnrcombe  in  the  lale  of  Wight  (Jfaa.  Win- 
l^/amim,  pi.  9).  It  represents  Pan  rediningst 
the  entrance  of  the  cava,  which  waa  dedicated 
to  him  in  the  Acmpolii  at  Atbana.  He  holds  in 
hia  right  hand  a  drinking-horn  [BRmm]  sad 
ia  his  left  a  syrini,  whidi  ia  atrongthcDed  by 


Fan  with  SttIiii.  (From  a  baa-nHef.) 
The  andenta  always  considered  tha  hns 
Pipe  as  a  mstic  instrument,  chiefly  nssd  by 
those  who  tended  liocka  and  herds  (Bon.  II- 
iviii.  526 ;  Apoll.  Rhod.  i.  577 ;  Dionys.  Perief. 
998 ;  Longna,  i.  2,  14-16,  ii.  24-26) ;  b=t  aki 
admitted  to  regulate  the  dance  (Hes.  SaU.  S78> 
This  instrument  waa  the  origin  of  tbs  or(aa 
[Htdridla]. 

The  »T^t  fiaiwMLWMiei  ■"  p'T**  lik'  •" 
flute,  not  by  a  mouthpiece  like  the  MM  V^ 
TiBli]:  hence  the  SchoL  ad  Find.  iV*-.*^ 
says  that  Midas,  having  broken  the  monthpiea, 
played  on  the  rest  of  the  aihki  as  if  It  «'" 
a  flute,  i.t.  by  blowing  across  the  v(w»4^ 
The  ir5p.7t  of  the  ai\it,  in  Flat.  Jft*  " 
and  Ariatoi.  p.  28,  was  probably  avpiav*  ■»' 


8YSSITIA 


STSSITIA 


749 


the  moathplece  (cf.  Baumeister,  Denkm.  p.  561 ; 
Tibia).  [J.  ITJ    [G.  E.  M.] 

SYSSITIA  ^trvctrirut).  The  custom  of 
taking  the  principal  meal  of  the  dar  in  public 
preTailed  eztenriyely  amongst  the  Greeks  from 
▼ery  early  ages.  It  existed  not  only  with  the 
Spartans  and  Cretans,  amongst  both  of  whom  it 
was  kept  up  till  comparatiyely  recent  times, 
but  also  at  Megara  in  the  age  of  Theognis 
(v.  309),  and  at  Corinth  in  the  time  of  Periander, 
who,  it  seems,  abolished  the  practice  as  being 
farourable  to  aristocracy  (Aristot.  Pol,  r,  11 
=  p.  1313  a,  41).  At  Athens  the  practice  sur- 
TiTsd  in  the  public  meals  for  official  persons,  for 
which  see  PBYTAinsnif.  Nor  was  it  confined  to 
the  Hellenic  nation :  for  according  to  Aristotle 
(PolMl  10=p.l329b,7)  it  previuled still  earlier 
amongst  the  Oenotrians  in  the  south  of  Italy, 
and  uso  at  Carthage,  the  political  and  social 
institutions  of  whidi  state  resembled  those  of 
SparU  and  Crete  {Pol.  u.  11  =  p.  1272  b,  26). 
The  origin  of  the  usage  cannot  be  historically 
established ;  but  it  seems  reasonable  to  refer  it  to 
infimt  or  patriarchal  communities,  the  members 
of  which,  being  intimately  connected  by  the  ties 
of  a  close  political  union  and  kindred,  may 
naturally  be  supposed  to  have  lived  together 
Almost  as  members  of  the  same  family.  But 
however  and  wheroyer  it  originated,  the  natural 
tendency  of  such  a  practice  was  to  bind  the 
citizens  of  a  state  in  the  closest  union;  and 
accordingly  we  find  that  at  Sparta  Lycurgus 
ayailed  himself  of  it  for  this  purpose,  though  we 
cannot  determine  with  any  certainty  whether 
he  introduced  it  there,  or  merely  perpetuated 
and  regulated  an  institution  which  the  Spartans 
brought  with  them  from  their  mother-country 
and  retained  at  Sparta  as  being  suitable  to  their 
position  and  agreeable  to  their  national  habits. 
The  latter  supposition  is  perhaps  the  more  pro- 
bable. The  Cretan  usage  Aristotle  {Pol.  Tii.  10 
=  p.  1329  b,  6)  attributes  to  Minos ;  this,  how- 
ever, may  be  considered  rather  ''the  philo- 
sopher's opinion  than  as  an  historical  tradi- 
tion : "  but  the  institution  was  confessedly  of  so 
high  antiquity,  that  the  Peloponnesian  colonists 
may  well  be  supposed  to  have  found  it  already 
existing  in  Crete,  even  if  there  had  been  no 
Dorian  settlers  in  the  island  before  them  (Thirl- 
wall,  BisL  Or.  i.  287). 

The  Cretan  name  for  the  Syssitia  was  * AyfffMMi 
OT^AvSpia  (ArUtot  Pol,  ii.  10  =  p.  1272  a,  3; 
Enhor.  ap.  Strab.  x.  p.  483).  This  title  affords 
of  itself  a  sufficient  indication  that  the  public 
meals  were  confined  to  men  and  youths  (cf. 
Plat.  Legg,  vi.  p.  780  E,  781  A);  the  women 
and  children  were  supported  out  of  the  same 
revenues,  but  at  their  own  homes  (Aristot.  Pol, 
ii.  10  =  1272  a,  17 ;  Dosiadas  ap,  Ath.  iv.  p. 
143  b;  cf.  Thumser,  Staaisaitgrih,  p.  143  n.). 
In  some  of  the  Dorian  states,  however,  though 
not  in  Crete,  it  has  been  inferred  f^m  an  allu- 
sion in  Pindar  that  there  were  syssitia  of  the 
young  unmarried  women  (Pind.  Pyih,  ix.  35 ; 
Hoeck,  KretOj  iii.  123).  All  the  adult  citizens 
among  the  Cretans  partook  of  the  public  meals : 
the  companies  or  messes  ({rai^Toi)  into  which 
they  were  distributed  for  this  purpose  were 
likewise  called  &v8p«<a  (Ath.  /.  c).  These  com- 
panies were  perhaps  originally  confined  to  per- 
sons of  the  same  house  and  kindred,  but  after- 
wards any  vacancies  in  them  were  filled  up  at 


the  discretion  of  the  members  (Hoeck,  iii.  126). 
The  divinity  worshipped  under  the  name  of 
Zc&$  'Ercupcfof  (Hesych.  s.  v.)  was  considered  to 
preside  over  them.  These  fraipcTai  are  men- 
tioned in  inscriptions  (Cauer,*  121;  Gilbert, 
Staatsalterth,  ii.225n.;  ThnmMOT,  StaaUalterth, 
p.  142,  n.  5);  see  further  CosMi,  Vol.  I.,  p. 
555  6. 

According  to  Dosiadas,  who  wrote  a  history 
of  Crete  (Ath.  /.  c),  there  were  in  every  town 
of  the  island  (inwraxov)  two  public  buildings, 
one  for  the  lodging  of  strangers  {KotfAirHipioy), 
the  other  a  common  hall  (jMpMp)  for  the 
citizens.  In  the  latter  of  these  the  Syssitia 
were  given,  and  in  the  upper  part  of  it  were 
placed  two  tables  for  the  entertainment  of 
foreign  guests  (Ifrucol  rpdirt(at), — a  circum- 
stance deserving  of  notice,  as  indicating  the 
extent  to  which  the  Dorians  of  Crete  encou- 
raged mutual  intercourse  and  hospitality. 
Then  came  the  tables  of  the  citizens.  But 
besides  these  there  was  also  a  third  table  on  the 
right  of  the  entrance  dedicated  to  Zc^r  |^MOf, 
and  perhaps  used  for  the  purpose  of  making 
offisrings  and  libations  to  the  god. 

The  Syssitia  of  the  Cretans  were  distinguished 
by  simplicity  and  temperance.  They  always 
tai  at  their  tables,  even  in  later  times,  when  the 
custom  of  reclining  had  been  introduced  at 
Sparta  (Cic.  pro  Mur.  35,  §  74).  The  enter- 
tainment began  with  prayer  to  the  gods  and 
libations  (Pyrgion  ap.  Ath.  iv.  p.  143  e).  Eadi 
of  the  adult  citizens  received  an  equal  portion 
of  fare,  with  the  exception  of  the  **  Archon,"  or 
"  Master  of  the  Tables,"  who  was  perhaps  in 
ancient  times  one  of  the  ic^ff/Mi,  and  more 
recently  a  member  of  the  ytptct^a  or  council. 
This  magistrate  received  a  fourfold  portion: 
**  one  as  a  common  citizen,  a  second  as  president, 
a  third  for  the  house  or  building,  a  rourth  for 
the  furniture  "  (rdy  o'lecvwi^,  Heradid.  Pont.  3, 
§  6  =  Muller,  l^/m.  Hist.  iL  212) :  an  expres- 
sion fh)m  which  it  would  seem  that  the  care  of 
the  building  and  the  provision  of  the  necessary 
utensils  and  furniture  devolved  upon  him. 
Haase  conjectures  r&p  avffxiipmp  for  rwy 
(Tjcfiwr,  and  thinks  that  the  president  was 
enabled,  by  means  of  this  portion,  to  confer  an 
honour  on  any  of  the  members  of  the  mess  at 
his  discretion  (SchVmann,  Aniiq.  L  309  n.). 
The  management  of  all  the  tables  was  under 
the  superintendence  of  a  female  of  free  birth  (^ 
irpoco^nfjcvid  r^i  vwrevrias  yw^f  Ath.  /.  c. 
143  d),  who  openly  took  the  best  fkre  and  pr»- 
sented  it  to  the  citizen  who  was  most  eminent 
in  council  or  the  field.  She  had  three  or  four 
male  assistants  under  her,  each  of  whom  again 
was  provided  with  two  menial  servants  (icaXiy^^- 
poi,  or  wood-carriers,  Ath.  143  b).  There  was 
a  irpoffSp/a  of  strangers,  which  seems  to  imply 
that  they  were  also  helped  first  (Heracl.  Pont. 
/.  c. ;  Ath.  143  c).  On  each  of  the  tables  was 
placed  a  cup  of  mixed  wine,  from  which  the 
messmates  of  the  same  company  drank.  At  the 
close  of  the  repast  this  was  replenished,  but  all 
intemperance  was  strictly  forbidden  by  a  special 
law  (Plat.  Minos,  p.  320  A). 

Till  they  had  reached  their  eighteenth  year, 
when  they  were  classed  in  the  &7^Aai,  the 
youths  accompanied  their  fathers  to  the  Syssitia, 
where  orphans  also  were  provided  (Hoeck,  iii. 
185) ;   and    the    boys    waited  upon  the  men 


760 


8TSSITIA 


8YB8ITIA 


(£phor.  ap.  Strab.  z.  p.  483).  Sons  were  seated 
near  their  fathers  on  a  lower  bench,  and  received 
only  a  half  portion  of  meat :  the  orphans  appear 
to  have  received  the  same  qnantity  as  the  men, 
bnt  without  any  condiments  (fifiaiAfiAietvTa, 
Pjrrgion  ap.  Ath.  iv.  143  e).  The  boys,  like  the 
men,  had  also  a  cnp  of  mixed  wine  in  common, 
which  however  was  not  replenished  when 
emptied.  During  the  repast  a  general  cheerful- 
ness and  gaiety  prevailed,  which  were  enlivened 
and  kept  up  by  music  and  singing  (Alcman  ap, 
Strab.  p.  482  =  fr.  22,  Bergk«>  It  was  followed 
by  conversation,  which  was  first  directed  to  the 
public  affairs  of  the  state,  and  afterwards  turned 
on  valiant  deeds  in  war  and  the  exploits  of 
illustrious  men,  whose  praises  might  animate 
the  younger  hearers  to  an  honourable  emula- 
tion. To  each  h^puov  there  was  a  «ai9o- 
r^fiof,  who  controlled  the  behaviour  and  man- 
nen  of  the  youths  (Ephor.  /.  a;  cf.  Paedo- 

IVOMI). 

In  most  of  the  Cretan  cities,  the  expenses  of 
the  Syssitia  were  defrayed  out  of  the  revenues 
of  the  public  lands  and  the  tribute  paid  by  the 
Perioed,  the  money  arising  from  which  was 
applied  partly  to  the  service  of  the  gods,  and 
partly  to  the  maintenance  of  all  the  citizens, 
both  male  and  female  (Arist.  Pol,  ii.  10  =  p. 
1272  a,  17) ;  so  that  in  this  respect  there  might 
be  no  difference  between  the  rich  and  the  poor. 
From  the  statement  of  Aristotle  Qompared  with 
Dosiadas  (Ath.  /.  &),  it  appears  probable  that 
each  individual  received  his  separate  share  of 
the  public  revenues,  out  of  which  he  paid  his 
quota  to  the  public  table,  and  provided  with 
the  rest  for  the  support  of  the  females  of  his 
family.    This  practice,  however,  does  not  appear 
to  have  prevailed  exclusively  at  all  times  and 
in  all   the    cities   of  Crete.    In   Lyctus^  for 
instance,  a  colony  from  Sparta,  the  custom  was 
different :  the  citizens  of  that  town  contributed 
to  their  respective  tables  a  tenth  of  the  produce 
of  their  estates ;  a  practice  which  nay  be  sup- 
posed to  have  obtained  in  other  cities,  where 
the  public  domains  were  not  sufficient  to  defriay 
the  charges  of  the  Sysdtia.    But  both  at  Lyetus 
and  elsewhere,  the  poorer  citizens  were  fai  all 
probability  supported  at  the  public  cost. 

In  connexion  with  the  accounts  given  by  the 
ancient  authors  respecting  the  Cretan  Syssitia, 
there  arises  a  question  of  some  difficulty,  viz. 
How  could  one  building  accommodate  the  adult 
citizens  and  youths  of  such  towns  as  Lyetus  and 
Gortyn?  The  question  admits  of  only  two 
solutions:  we  are  either  misinformed  with 
respect  to  there  being  only  one  building  in  each 
town  used  as  a  common  hall,  or  the  number  of 
Dorian  citizens  in  each  town  must  have  been 
comparatively  very  small. 

The  Spartan  Syssitia  were  in  the  main  so 
aimilar  to  those  of  Crete  that  one  was  said  to  be 
borrowed  from  the  other  (Aristot.  Pci,  ii.  10  = 
p.  1271  b,  22 ;  1272  a,  3).  They  were  anciently 
called  di^fMM,  as  in  (>ete,  but  later  ^iB/ria 
(Aristot.  /.  c. ;  Alcman,  I.  c).  Of  this  celebrated 
name  three  possible  etymologies  are  hinted  at 
by  Plutarch  (Jjycwrg,  12):  (1)  That  the  true 
form  was  ^ixlria,  **  friendly  feasts ; "  this  was 
long  accepted  as  the  right  explanation  (Mflller, 
Dor.  iv.  3,  §  3 ;  Hoeck,  iii.  123 ;  Gdttling  on 
Aristot.  Oeoon,  p.  190 ;  L.  and  S.,  ed.  7) :  (2) 
from  ^ciM,   *« frugal  feasts;"  bnt   the  fint 


;  syllable  is  short  (Antiphan.  fr,  44  M. ;  Cobet, 
Nov,  L&et.  p.  728) :  (3)  from  ^«,  to  eat,  the 
^  representing  a  lost  digamma;  this  is  the 
rimplest  and  ^t  (Bielschowsky,  p.  12 ;  Gilbert, 
8taat9alterth,  i.  71  n.;  Thumser,  BkuUstdterih. 
p.  185  n.).  To  these  Schumann  adds  a  con- 
jecture of  his  own :  (4)  from  f(vy  root  18,  "  sit- 
tings "  {AtUiq,  L  271,  545  £.  T.).  It  will  be 
seen  that  (3)  and  (4)  agree  in  substituting  a 
labial  for  a  lost  digamma,  about  which  there 
can  be  no  difficulty ;  fieeyhs  is  connected  with 
$ymt  &WA\a  with  ioAA^s.  The  Spartan 
Syssitia  differed  from  the  Cretan  in  the  it>llow- 
hig  respects.  Instead  of  the  expenses  of  the 
tables  being  defrayed  out  of  the  public  revenues, 
every  head  of  a  family  was  obliged  to  contri- 
bute a  certain  portion  at  his  own  coat  and 
charge ;  those  who  were  not  able  to  do  so  were 
excluded  from  the  public  tables  (Aristot.  Pol, 
ii.  10  r=  p.  1271  a,  35 ;  Uomoei).  The  gueats 
were  divided  into  companies  generally  of  nfleen 
persons  each,  and  all  vacancies  were  filled  up  by 
ballot,  in  which  unanimous  consent  was  indis- 

E Me  for  election.    No  persons,  not  even  the 
were  allowed  what  was  called  an  ib^iBtros 
(Hesych.  a.  o.X  or  excused  from  attend- 
ance at  the  public  tables,  except  for  some  satis- 
&ctory  reason,  as  when  engaged  in  a  sacrifice, 
.or.  a  chase^  in  which  latter  case  the  absentee 
was.  required  to  send  a  present  to  his  mess 
(Pint.  Lycwrg,  12 ;  Agis^  c.  10).    Each  peison 
was  supplied  with  a  cup  of  mixed  wine,  which 
was  filled  again  when  required ;  but  drinking 
to  excess  was  prohibited  at  Sparta  as  well  9m  in 
Crete.    The  repast  was  of  a  plain  and  simple 
character,  and  the  contribution  of  each  member 
of   a  mess  or    ^i8(ti;s    was    settled    by    law 
rrhnmser,  p.  188 ;  Pint.  /.  c).    The  principd 
dish  was  the  fUXas  (tofihs  or  black  brotli,  with 
pork  (Ath.  iv.  p.   141  b).    The  iwdusXow  or 
second  course  (from  the  Doric  jUicXor,  a  meal) 
was  however  more  varied,  and  richly  supplied 
by  presents  of  game,  poultry,  fruit,  ^tc,  and 
other  delicacies  which  no  one  was  allowed  to 
purchase.     Moreover,  the   entertainment  was 
enlivened  by  cheerful  conversation,  though  on 
public  matters  (Xen.  Mep.  Lac.  5,  §  6).    Singing 
also  was  frequently    introduced,  as  we  lam 
horn  Alcman  (/.  cX  that  ^'  at  the  banquets  and 
drinking  entertainments  of  the  men  it  was  fit 
for  the  guests  to  sing  the  paeon."    The  arrange- 
ments were  under  the  superintendence  of  ^ 
Polemarchs. 

The  use  and  purposes  of  the  institutions  de- 
scribed above  are  very  manifest.  They  united 
the  citizens  by  the  closest  ties  of  intimacy  and 
union,  making  them  consider  themselves  as 
members  of  one  family,  and  children  of  one  and 
the  same  mother,  the  state.  They  maintained  a 
strict  and  perfect  separation  between  the  higher 
and  the  subject  classes  both  at  Sparta  and  in 
Crete,  and  kept  up  in  the  former  a  consciousness 
of  their  superior  worth  and  station,  together 
with  a  atrong  feeling  of  nationality.  At  Sparta 
also  they  were  eminently  useful  in  a  military 
point  of  view,  for  the  members  of  the  Syssitia 
were  formed  into  corresponding  military  divi- 
sions, and  fought  together  in  the  field,  as  they 
had  Uved  together  at  home,  with  more  bravery 
and  a  keener  sense  of  shame  (aI5^s)  than  could 
have  been  the  case  with  merely  chance  com- 
rades (Herod,  i.  65).    Moreover  ^  they  gave  an 


8TSTTL08 


TABELLABIAE  LEGES        751 


efficscy  to  the  power  of  public  opinion  which 
must  haye  nearly  superseded  the  necessity  of 
penal  laws  "  (Thirlwall,  toI,  i.  p.  289).  With 
respect  to  the  political  tendencies,  they  were 
decidedly  arranged  upon  aristociatical  princi- 
ples, though  no  individual  of  a  company  or  mess 
was  look^  upon  as  superior  to  his  fellows. 
Plutarch  {Quant.  Sympos,  ril  9,  p.  714  E) 
accordingly  calls  them  fftfr4tpm  itpitrroKpwrtKa, 
or  aristocratical  meetings,  and  compares  them 
with  the  Prytaneum  ud  Thesmothesium  at 
Athens. 

The  simplicity  and  sobriety  which  were  in 
early  times  the  characteristic  both  of  the 
Spartan  and  Cretan  Syssitia,  were  afterwards  in 
Sparta  at  least  suppUmted  by  luxury  and  effemi- 
nate indulgence.  The  change  was  probably 
gradual,  but  the  kings  Areas  and  Acrotatus 
(b.0.  900)  are  recorded  as  haying  been  mainly 
instrumental  in  accelerating  it.  The  reformer 
Agis  endearoured  but  in  Tain  to  restore  the  old 
oi^er  of  things,  and  perished  in  the  attempt. 
Tet  Cicero  says  that  in  his  time  the  Lacedae- 
monians reclined  only  upon  wooden  couches, 
without  cushions  ("  qnotidianis  epulis  in  robore 
accumbunt,"  j9rt>  ifw.  35,  §  74).  Athenaeus, 
on  the  other  hand,  quotes  Phylarchus  for  the 
luxury,  which  may  have  been  confined  to 
special  occasions  (ir.  141  ««<r^  142 :  Phylarchus 
iiyed  about  B.a  215). 

Authorities.— n<ieck,Kretay  tii.  120-139 ;  Miil- 
ler,  Dorians^  ir.  8 ;  Thirlwall,  i.  288, 331 ;  Orote, 
pt.  iL  ch.  6  =  ii.  146 ;  S<ih5maim,  AtUiq,  i. 
269  ff.,  806  ff.  E.  T. ;  A.  Bielsehowsky,  d^  l^par- 
ttmomm  SytsUiis^  VratislaT.  1869;  Gilbert, 
StaaUalierik,  L  71,  ii.  225 ;  Thumser,  StaaU- 
cMertK.  in  Hermann-BlQmner,  §§  22,  28. 

[B.  W.]  .  [W.  W.] 

SYSTYliOS.    [lEiiFLnM.] 


T. 


TABELLA,  the  roting  tablet,  by  means  of 
which  rotes  were  given  at  Rome  both  in  the 
assemblies  and  in  the  courts  of  Taw. 

1.  In  the  assemblies  the  votes  were  originally 
the  answers  of  the  individual  citizens  to  the 
magistrate  who  consulted  the  people  as  to  their 
will  and  pleasure  (rogaxfit  pojmiwn  quid  veUeni 
jubereni).  All  evidence  goes  to  show  that  the 
answers  were  originally  given  vivd  voce  to  the 
officials  (rogatoree)  in  attendance  on  the  presiding 
magistrate.  In  tiie  case  of  an  election  these 
officials  pricked  each  vote  on  the  tablet  which 
bore  the  name  of  the  candidate  in  whose  favour 
it  was  given,  who  was  said  punctum  ferre^  a 
phrase  which  remained  in  use  metaphoricidly 
after  the  custom  on  which  it  was  based  had  been 
abandoned  (Hor.  Epitt,  ii.  2, 99,;  AH.  Poet  848). 
The  result  was  then  reported  to  the  magistrate, 
who  declared  elected  (creamt)  the  candidates 
with  a  majority.  The  only  difficulty  in  accept- 
ing thu  view  arises  from  the  meaning  of  the 
word  wffragium :  it  can  hardly  be  doubted  that 
this  means  originally  a  potsherd,  a  brdcen  piece 
of  tile  (Corssen,  i.  397) ;  but  there  is  no  evidence 
or  probability  that  voting  by  this  mc^ns  was 


ever  practised  at  Rome  in  the  assembly;  the 
name  may  have  been  transferred  from  the  use 
of  the  potsherd  under  other  circumstances,  but 
of  this  there  is  no  proof  (Mommsen,  Elhn. 
StaaUr.  iii.  402,  n.  1>  Wunder's  attempt  (  Var. 
Leet.  p.  clxvii.  eqq.)  to  show  that  voting  by 
pebbles  (tfrn^w)  was  in  use,  at  least  in  passing 
or  rejecting  proposed  laws,  hM  not  found  favour 
with  scholars.  His  arguments  are  derived 
entirely  fVom  passages  in  Dionysius,  which  only 
show  that  the  writer  transferred  to  an  earlier 
time  the  arrangements  of  his  own  day  (Momm- 
sen, ^.  404,  2).  The  ballot  was  introduced 
first  for  the  election  of  magistrates,  B.a  139 
(Tabbllakiab  Lbqes].  After  this  date  each 
voter  received  one  tabett<»,  on  which  were  written 
the  names,  or  more  probablv  (cf.  Cic  pro  Domo, 
48, 112)  only  the  initials,  of  the  candidates ;  and 
apparently  he  voted  by  pricking  the  tablet  at 
the  name  of  the  favoured  candi&te.  It  is  im- 
portant to  distinguish  the  tabeUa  by  means  of 
which  the  citizens  gave  their  votes,  from  the 
tcAula  or  list  on  which  the  cuttodes  checked  off 
the  votes,  as  they  were  taken  out  of  the  detae 
and  reported.  (Cf.  Tyrrell  on  Q.  Cic.  de  Pet. 
Cons.  8.) 

In  voting  upon  laws  after  the  introduction  of 
the  ballot,  each  citizen  was  provided  with  two 
tickets,  one  inscribed  V.  K.,  i.e.  uti  rogas,  for 
assent;  the  other  A.,  i.e.  awtiquo^  **l  approve 
the  old  law,"  for  rejection  (cp.  Cic  ad  Att.  i. 
18,  8).  When  Clodius  desired  to  secure  the 
failure  of  a  rogatiOf  he  contrived  that  no  tickets 
marked  V.  B.  should  be  issued  (Cic.  ad  Att.  i. 
14^  5).  Walther's  view  {GeschicMey  i.  126, 
note  117),  that  when  the  Comitia  acted  as  a 
court  the  tablets  were  different,  does  not  seem 
well  supported  (cf.  Lange,  £An.  Alt.*  ii.  489). 

2.  In  triab  ue  judices  were  provided  with 
three  tabettae^  one  marked  A.,  mr  absotvo,  **l 
acquit ; "  the  second  with  c,  for  condemno^ 
^I  condemn;"  the  third  with  K.  L.,  for  ntm 
Kquet^  *<It  is  not  dear  to  me."  The  first  of 
them  was  called  tabeUa  (AsotutoriOj  the  latter 
UAeUa  damnaioru  (Suet.  Aug.  33):  Cicero  also 
calls  the  former  littera  salwtaris,  the  latter 
UUera  trisOs  {pro  Mil.  6, 15).  In  Caesar  {Bell. 
Ow,  liL  83)  we  read  that  Domitius  proposed 
that  the  senators  who  followed  Pompeius  should 
on  their  return  to  Rome  be  given  each  three 
tabeUae^  by  which  they  might  pass  a  verdict 
upon  those  who  had  remained  at  Rome :  *'  nnam 
fore  tabellam,  qui  liberandos  omni  periculo  cen- 
serent ;  alteram  qui  capitis  damnarent,  tertiam 
qui  pecunia  muftarent."  A  tabella  marked 
with  ^e  lettexB  L.  D.  is  represented  on  a  denarius 
of  the  Caelian  gens ;  and  as  C.  Caelius  Caldus 
introduced  one  of  the  tabellariae  leges,  it  has 
been  plausibly  suggested  that  these  letters 
denote  L&tero  and  Damno 
respectively  (cf.  Spanheim, 
JSumisnu  ii  198-200,  ed. 
1706 ;  Mommsen,  Mihn. 
MOngwesen,  p.  636).  The 
annexed  cut  represents  a  coin 
of  (Cassius)  Longinus  m 
vr,  referring  to  the  Lex 
CSassia ;  the  tablet  is  marked 
V.  (Mommsen,  ib.  Cf.  Cohen,  Monnaie  de  la 
Sip^iligue,  pU.  xi.  and  xix.)  [A  S.  W.] 

TABELLA'BIAE  LEGES,  the   Uws   by 
whaoh  the  ballot  was  introduoed  in  voting  in 


752 


TAB£LLABIUS 


the  Comltia ;  tabellae  being  the  tablets  oyerlaid 
with  wax  on  which  yotes  were  secretly  inscribed. 
Secret  roting  was  introduced  for  the  pnrpose  of 
weakening  the  power  of  the  optimates.  As  to 
the  ancient  mode  of  voting  at  Rome,  see  Ta- 
BELLA.  There  were  four  enactments  known  by 
the  name  of  Tabellariae  Leges,  which  are  enu- 
merated by  Cicero  {de  Legg,  iii.  16,  35).  They 
are  mentioned  below  according  to  the  order  of 
time  in  which  they  were  passed. 

1.  Lex  GAsmiA,  proposed  by  the  tribune  Ga- 
binns  B.a  139,  introduced  the   ballot   in  the 

'  election  of  magistrates  (Cic.  /.  c.) ;  whence  Cicero 
{Agr,  ii.  2,  4)  calls  the  tabella  **  vindez  tadtae 
liberUtis." 

2.  Lex  Cassia,  proposed  by  the  tribune 
L.  Cassius  Longinus  B.C.  137,  introduced  the 
ballot  in  the  **  Judicium  Populi,"  with  the  ex- 
ception of  cases  of  Perduellio.  The  *^  Judicium 
Populi "  undoubtedly  applies  to  cases  tried  in 
the  Comitia  by  the  whole  body  of  the  people 
[Judex,  Vol.  I.  p.  1027],  although  Emesti  {Index 
Leg*)  wishes  to  give  a  different  interpretation  to 
the  words.  This  law  was  supported  by  Scipio 
Africanus  the  younger,  for  which  he  was  cen- 
sured by  the  aristocratical  party  (Cic.  de  Legg, 
iii.  16,  37 ;  Brut,  25,  97  ;  pro  Sestio,  48,  103 ; 
— Ascon.  in  Cornel,  p.  78,  ed.  Orelli). 

3.  Lex  Papibia,  proposed  by  the  tribune  C. 
Papirius  Carbo  B.a  131,  introduced  the  ballot  in 
the  enactment  and  repeal  oflaws  (Cic  de  Legg,  iii. 
16,  35). 

4.  I^  Caeua,  proposed  by  C.  Caelius  Caldus 
B.a  107,  introduced  the  ballot  in  cases  of  Per- 
duellio, which  had  been  excepted  in  the  Cassian 
law  (Cic  L  C]  pro  Plane  6,  16;-*Plin.  Ep. 
iu.  20). 

There  was  alio  a  law  brought  forward  by 
Marine  B.C.  119,  which  was  intended  to  secure 
freedom  and  order  in  voting  (Cic  cfeXeg^.  lit  17, 
38 ;  Pint,  Mar.  4>  [W.  S.]    [E.  A.  W.] 

TABELLA'filUS,  a  letter-carrier.  As  the 
Romans  had  no  public  post,  they  were  obliged  to 
employ  slaves,  who  were  called  Tabellarii,  as 
special  messengers  to  convey  their  letters  when 
they  had  not  an  opportunity  of  sending  them 
otherwise  (Qc  Phil.  ii.  31,  37 ;  ad  Fam.  xiL 
12,  xiv.  22).  Those  who  were  out  of  Italy  could 
get  their  letters  conveyed  not  only  by  ships' 
captains,  but  also  by  tiie  special  tabellarii  of 
the  provincial  governor  (Cic  ad  Att.  v.  19; 
de  Prov.  Cons.  7,  15),  or  by  those  of  the  pub- 
licani  (Qc  ad  Att  v.  15  and  16) :  for  these 
tabellarii  of  proconsuls,  see  also  Auct.  de  Bdl. 
Hisp.2.  rW.S.]    [G.  E.M.] 

TABETjLIO,  a  noUry  (Suidas,  s.  v.).  Under 
the  Empire  the  Tabelliones  succeeded  lo  the 
business  of  the  Scribae  in  the  times  of  the  Re- 
public [Scbibab].  They  were  chiefly  employed 
in  drawing  up  legal  documents,  and  for  this  pnr- 
pose usually  took  their  stations  in  the  market- 
places of  towns  (Capitol.  Macrin.  4 ;  Cod.  4,  21, 
17;  Novell.  73,  c  5,  &c).  They  formed  a 
special  order  in  the  state  (Gothofr.  ad  Cod.  Theod. 
12,  1,  3).  [W.  S.] 

TABEBNA.  1.  (o-jcirraf,  7^),  a  shop  or 
booth.  [DOMUB,  Vol.  I.  pp.  679,  680 ;  Aqoba, 
Vol.  L  pp.  46,  47.] 

2.  A  wine-shop  or  tavern.    [Caufona.] 

TABEBNA'CULUM,  TENTO'KIUM 
(kXio-(i7,  ffKfiv^)i  a  tent.  The  former  of  these 
words  was  no  doabt  originally  applied  to  a  shed 


TABULA  LUSOBIA 

or  hut  of  boards  (ct  Fest.  s.  v.  Ubemaeda; 
Tuou&inx);  but  it  became  the  ordinary  term 
for  a  tent  (Cic  Brvi.  9,  37;  Caes.  B.  C.  i. 
81 ;  Liv.  xxii.  42).  These  were  made  of  skins 
stretched  from  wooden  supports,  like  oar  csovai 
tents;  hence  the  name  tenioriOf  which,  ss  we 
may  gather  from  Festus  (s.  v.  contvbemaUs)f  u 
put  concisely  for  tentoriae  pellet.  The  tent- 
maker  was  called  tabemacuiartHS  (Grut.  6428; 
Henzen,  6101)u  0»nstant  supplies  of  hidei  for 
this  purpose  were  drawn  from  the  provinon  by 
armies  in  the  field  (Cic  Verr.  IL  2,  5,  ooria; 
in  Pie.  36,  87,  peUium  nomine).  CampaigDing 
was  *'8ub  pelUbus  durare  "  (Liv.  v.  2):  during 
winter  the  soldiers  were  either  in  towns,  or,  i 
they  held  a  permanent  camp  in  remote  and  un- 
civilised countries,  they  were  lodged  in  huts  of 
wood,  turf  or  stones  [Castba]  :  to  keep  them  in 
tents  during  the  wii^ter  was  a  mark  of  aeTeritj 
(Tac  Ann.  xiii.  35 ;  cf.  Caes.  B.  0.  iiL  29;  Long 
ad  loc.).  The  word  papHio,  **  pavilion,"  may  be, 
as  Rich  thinks,  intended  to  describe  the  look  of 
a  tent  with  its  curtains  looped  up.  [For  the 
size  of  Roman  tents  and  their  arrangements, 
see  CONTUBEBNIUM :  Marqnardt,  Staatneno.  ii. 
427,] 

The  K\uriat  of  Homer  were  not  tents,  hot 
wooden  or  wattled  huts ;  that  of  Achilles  (larger 
no  doubt  than  the  ordinary  jcAi^d;,  and  with 
separate  rooms,  but  of  like  material)  wai  of 
fir-planks  and  thatched  with  reeds  (72.  zxir. 
451),  and  efhniKTOs,  which  implies  carpenter^i 
work  (ib.  675).  [See  Buchholz,  Horn.  Bealien, 
ii.  340.]  In  later  Greek  warfiure  (where  snj 
shelter  is  required)  we  find  generally  tents  of 
skins,  like  those  of  tJie  Romans,  which  are  usoall j 
called  ataivai  (Xen.  Anab.  i.  5,  12 ;  cf.  eicnro^ 
pd^f,  Zonar.  p.  1655;  Ael.  V.  ff,  ii.  1),  hot 
also  9t^$4pai  (Xen.  Anab.  i.  5,  10);  9tip9ifei 
with  iron  tent-pegs  (Arr.  Anab.  iv.  19) :  wooaen 
huts  were  also  used  and  termed  ffiapftd^  which 
explains  the  burning  of  the  0'iniMif,  as  too  trou- 
blesome to  carry,  in  Xen.  Antib.  iiL  2,  27:  so 
Droysen  takes  it,  but  it  is  also  possible  thtt 
wooden  framework  for  the  ZtipBipeu  may  hare 
been  burnt.  (See  Droysen,  Kriegaalterth.  §11= 
Hermann-Bltimner,  Lehrbuch^  u.  13.)  [For  the 
augural  tabemacuitunj  see  AUOUBIA ;  TOiFtDX 
ad  nut.']  [0.  L  V.] 

TABLI'NUHfc  [DoiCD8,VoLLp.670i.] 
TA'BULA  LU80aUA  (w(ra{),  a  board  for 
playing  games,  called  also  Alyxub  firom  bsring 
a  raised  rim.  Ancient  backgammon  and  draughts, 
and  the  bouds  on  which  they  were  played,  sie 
treated  under  DuODEGni  Sgbifta  and  Laisux- 
GULi  respectively.  Other  games,  played  with 
and  without  dice,  are  described,  thong^  Ic0 
intelligibly,  by  the  grammarians  (Pollux,  ix.  97, 
98 ;  EusUth.  ad  Od.^.  1397).  Bruxza,  writing 
in  1877,  states  that  upwards  of  100  tabolse 
lusoriae,  serving  for  six  different  games,  hsd 
been  found  in  Rome  and  the  environs,  mostly  in 
the  Castra  Praetoria  and  the  Catacombs  (.Sv^te^ 
comunaley  1877,  pp.  81-99)  ;  from  an  exsmins- 
tion  of  subsequent  lists  it  does  not  appesr  that 
any  further  discoveries  of  a  like  sort  have  been 
made  down  to  the  present  time.  More  thsa 
60  of  these  are  of  the  type  given  below,  in  which 
36  letters  are  arranged  in  three  double  rows  of 
six  each :  others,  instead  of  the  letters,  hare  36 
arbitrary  signs  which  served  the  same  purpose ; 
and  on  a  in  particular  repeaU  36  times  the  words 


TABULAE 


TABULAE 


75  3 


pahna  feliciter  expressed  in  a  moDOgram.  We 
have  seliNsted  a  fexr  of  the  more  snggestive 
examples ;  in  order  to  make  each  row  consist  of 
six  letters,  it  will  be  seen  that  some  liberties  are 
taken  with  the  spelling. 


1.  VICTVS 
LVDKRK 
DALD80 

0 
0 
0 

LKBATB 

HGSCIB 

BIU)CC[M]. 

2.  SEMPER 

TASTLA 
LTOAICr 

0 
0 
0 

nr  BAXC 

HILARB 
SAinCL 

3.  TICTOR 
XABICB 
BALBUB 

VIICCAS 
FBBLIX 
RBnrAS. 

4.  ixyroA 

IVBBXT 
LVDBBB 

FVXCTA 

EBUCB 

DOCTVX. 

A.  ABBXDS 
rVLLVX 
PBBXAX 

IXCKKA 

rocKX 

PAOXBIC. 

BEXATORB8. 


Kos.  1  and  2  are  divided  in  the  middle  bj  a 
representation  of  the  calculi  with  which  the 
game  was  played;  No.  3  by  the  figure  of  a 
sailing  ship.  Nos.  2  and  4  are  metrical,  after  a 
fashion.  The  forms  lebate  {leva  te,  "  take 
yourself  off")*  NABICE  (navigay,  salbub  and 
BENATOREB  show  the  confasion  of  6  and  v,  as  in 
Spanish  and  modem  Greek ;  paonem  illustrates 
the  French  paon.  In  No.  1  the  M  of  LOCVM 
seems  to  have  been  inserted  by  mistake,  as  the 
six  letters  are  complete  without  it.  The  word 
BENAT0BE8  is  of  course  not  included  in  the  letters 
that  mark  the  bojird;  it  may  imply  that  the 
game  afforded  a  mild  excitement  to  tired  sports- 
men after  their  day's  work.  Nos.  1  and  3  were 
found  in  a  Christian  tomb,  and  have  been  quoted 
to  prove  that  the  discipline  of  the  early  Church 
as  regards  games  of  chance  was  not  very  strict. 
Compare  Did.  of  Chr,  Ant.,  s.  v.  Dice. 

It  is  conjectured  that  this  was  a  game  in 
which  each  player  tried,  under  certain  unspecified 
conditions,  to  get  three  men  into  a  row  (Ov. 
A.  Am.  iii.  365,  Tt-ist.  ii.  481 ;  cf.  Isid.  Orig. 
xyiii.  64).  A  tabula  lusoria  described  by  Martial 
(xiv.  17)  had  backgammon  and  draught  boards 
on  opposite  sides.  (Marquardt,  Privatl.  836- 
838.)  [W.  W.] 

TABULAE  or  PUGILLARES  (»(racei, 
ScAroi,  wv^iov,  icivdKtoPf  ypofifiartioy},  writing 
tablets.  Although  Livy,  i.  24,  seems  to  make  a 
formal  distinction  between  tabulae,  i.e.  bronze 
tablets,  and  cera,  yet  in  general  the  plural  of  tabula 
is  used  to  signify  thin  slips  of  wood  or  other 
material,  usually  of  an  oblong  shape,  covered  over 
with  wax,  whence  cera  and  oerae  are  used  for 
the  tablets  themselves.  The  wax,  which  was 
written  upon  by  the  stilus  or  ypaipls  [Stilus], 
was  coloured  (red  in  Ov.  Am.  i.  12,  11,  but 
generally  black),  so  that  the  letters,  marked  by 
the  stilus  were  white.  The  layer  of  wax  was 
sometimes  so  thin  that  the  writing  was  marked 
on  the  wood  itself  below,  as  may  be  seen  in  some 
tablets  that  have  been  preserved.  As  to  renew- 
ing the  tablets  by  scraping  off  the  old  and 
pouring  fresh  melted  wax  over  them,  **  cera .  .  . 
rasis  infusa  tabellis  "  (Ov.  Art.  Am.  i.  437),  see 
Herod,  vii.  239.  Ordinary  Greek  writing  tablets 
were  covered  with  fidxBiit  a  composite  and  softer 
wax,  which  in  Dem.  c.  Steph.  ii.  p.  1132,  §  11,  is 
VOL.  II. 


contrasted  with  the  tablets  covered  with  gypsum 
(ypofifuertTotf  KtKwKttfUrov :  cf.  \§6KVfiaj  lex  ap, 
Dem.  7%nocr.  p.  707),  intended  for  more  perma- 
nent documents.  This  composite  wax  was, 
however,  termed  indifferently  ^lAxilhi  or  irnp6s 
(compare  Aristoph.  Veap.  108  and  Fr.  206).  The 
schoolboy's  writing  tablet  was  sometimes  a 
single  tabula  which  he  carried  suspended  by  a 
ring  (Hor.  Sat.  i.  6,  74,  Orelli  ad  loc. ;  Plant. 
Bacch.  iii.  8,  37):  tablets  thus  hung  on  the 
wall  of  the  school-room  are  shown  in  the  cut 
from  the  Duris  vase  under  LUDUS  Litterarius 
(p.  96). 

More  expensive  tablets  were  made  of  dtron- 
wood  or  ivory  (Mart.  xiv.  3,  5),  but  the  com- 
moner woods  were  generally  used,  such  as  beech, 
fir,  and  box  (whence  the  name  w^top).  The 
outer  sides  consisted  of  wood;  the  inner  sides 
only  were  covered  with  wax.  They  were  fastened 
together  at  the  back  by  means  of  wires,  which 
answered  the  purpose  of  hinges,  so  that  they 
opened  and  shut  like  our  books  ;  and  to  prevent 
the  wax  of  one  tablet  rubbing  against  the  wax 
of  the  other,  there  was  a  raised  margin  around 
each,  as  is  clearly  seen  in  the  woodcut  under 
Stilus.  There  were  sometimes  two,  three,  four,, 
five,  or  even  more  tablets  fastened  together  iik 
the  above-mentioned  manner.  Tablets  so  folded 
and  bound  together  were  called  codex  or  oodi^ 
cilli  (compare  CatuU.  42,  5  and  11):  where  a 
very  large  number  were  combined,  they  had  a 
handle,  by  which  to  carry  or  to  hang  them  np^ 
and  were  called  codices  anaati  {C.  I.  L.  x.  7852). 
[CODEX.]  Two  such  tablets  were  called  dt'ptydia 
(8/irrvxa),  which  merely  means  ** twice-folded  *' 
(cf.  9iirruxoif  8f  ATfor,  Herod,  vii.  239)  [Dipty- 
CHa].  The  Latin  word  pugiilares,  which  is  the 
name  frequently  given  to  tablets  covered  with 
wax  (Mart.  xiv.  3 ;  Cell.  xvii.  9 ;  Plin.  Ep.  1 6),  is 
derived  from  pugnus,  pugillus,  because  they  were 
small  enough  to  be  held  in  the  hand.  Such 
tablets  are  mentioned  as  early  as  the  Homeric 
poems,  which  speak  of  a  ir^i^a^  ittvktSs  (^11.  vi. 
169;  Munro  aid  loc.;  Jebb,  Homer,  p.  112). 
Three  tablets  fastened  together  were  called 
Triptycha  (rpdrri/xa),  which  Martial  (xiv.  6) 
translates  by  triplicea  (cerae) ;  in  the  same  way 
we  also  read  of  pentaptycha  (vfKrdiiTuxa)» 
called  by  Martial  (xiv.  4)  quintuplices  {cerae), 
and  of  pdyptycha  (iroAvrrvx^)  or  multiplices 
(perae).  The  above  are  called  also  ypafifiaruou 
or  ypafifiortlZiop  9i6vpoy,  rplirrvxov  j^  irAci^iwi^ 
nTvxwi'  (Poll.  X.  51).  [See  woodcuts  under 
Liber,  p.  58.]  The  pages  of  these  tablets  were 
frequently  called  by  the  name  of  cerae  alone; 
thus  we  read  of  prima  cera,  altera  cera,  '*  first 
page,"  "  second  page  "  (Suet.  Ner,  17  ;  Hor.  Sat, 
ii.  5,  53 ;  Mart.  iv.  72).  In  tablets  containing 
important  legal  documents,  especially  wills,  the 
outer  edges  were  pierced  through  with  holes 
(foramina),  through  which  a  triple  thread 
{linum)  was  passed,  and  upon  which  a  seal  was 
then  placed.  This  was  intended  to  guard  against 
forgery,  and  if  it  was  not  done  such  documents 
were  null  and  void  (Suet.  Ner,  17 ;  Paulus,  Sent. 
Eec.  V.  25,  §  6  ;  Testaxemtum). 

Waxen  tablets  were  used  among  the  Romans 
for  almost  every  species  of  writing,  where  ^reat 
length  was  not  required.  Thus  letters  were 
frequently  written  upon  them,  which  were 
secured  by  being  fastened  together  with  pack- 
thread and  sealed.      Accordingly  we  read    in 

3  c 


754 


XABULAE 


Plautus  (Bacch,  iv.  4,  6i)  when  a  letter  is  to  be 
written : 

<•  Effer  dto  etlliim,  ceram,  et  tabellos,  ct  linam.** 

The  sealing  is  mentioned  afterwards  (1.  96). 
The  impression  of  the  seal  was  made  either  upon 
wax  (as  in  Plant.  /.  c. ;  Or.  Am.  ii.  15,  16 ;  Piin. 
IT.  N.  ii.  §  137),  or  upon  a  specially  prepared 
clay,  called  cretula  (Cic.  Verr,  iv.  26,  58),  creta 
Asiatica  (Cic.  pro  Fiaoc.  16,  3,  where  cera  also  is 
mentioned  as  the  alternatiye),  yrj  ajiixayrpis 
(Herod,  ii  38),  a^payls  Aij/iyta  (Aret.  de  Curat, 
2,  2) :  scts  also  Cic.  Cat,  iii.  5,  10.  For  the  seals 
themselves,  see  Scalftu&A,  p.  604-.  (Compare 
Cic.  in  Catii,  iii.  5.)  Tabulae  and  tabellae  are 
therefore  used  in  the  sense  of  letters  (Ovid,  Met. 
ix.  522).  Love-letters  were  written  on  very 
small  tablets,  called  Viteiliani  (Mart.  xiv.  8,  9), 
of  which  word,  however,  we  do  not  icnow  the 
origin.  Tablets  of  this  kind  are  presented  by 
Amor  to  Polyphemus  on  an  ancient  painting 
{Mu8.  Borbon,  vol.  i.  tav.  2). 

Legal  documents,  and  especially  wills,  were 
almost  always  written  on  waxen  tablets,  as 
mentioned  above;  but  even  when  written  on 
parchment  or  papyrus  they  were  still  technically 
called  tabulae  (Ulp.  Dig,  37,  11,  1;  cf.  SfAvoi, 
Luc.  IXm,  22).  Such  tablets  were  also  used  for 
accounts,  in  which  a  person  entered  what  he 
received  and  expended  (tcAiJae  or  codex  accepti 
et  Ci^jpensi,  Cic.  pro  Rose,  Com,  2),  whence  novae 
tabulae  mean  an  abolition  of  debts  either  wholly 
or  in  part  (Suet.  Jul,  42 ;  Cic  <2e;  Off.  ii.  23). 
The  above  are  merely  some  instances  of  the 
•extensive  use  of  waxen  tablets ;  others  are  given 
in  M  vrquardt,  Privatld)enj  pp.  804,  805. 

Two  ancient  waxen  tablets  have  been  dis- 
covered in  a  perfect  state  of  preservation,  one  in 
ik  ^old  mine  four  or  five  miles  from  the  villnge  \  i 
of  Abrudbinyi  in  Transylvania,  and  the  other  in 
a  gold  mine  in  the  village  itself.  Of  this  inter- 
esting discovery  an  account  has  been  published 
by  Massmann  in  a  work  entitled  **  Libellus 
Aurarius,  sive  Tabulae  Ceratae,  et  antiquissimae 
et  unice  Romanae  in  Fodina  Auraria  apnd 
Abrudbanyam,  oppidulum  Transsylvanum,  nuper 
repertae,**  Lipsiae  (1841).  An  account  of  these 
tablets,  taken  from  Massmann's  description,  will 
serve  as  a  commentary  on  what  has  been  said 
above.  Both  the  tabulae  are  triptycha ;  that  is, 
consisting  of  three  tablets  each.  One  is  made  of 
fir-wood,  the  other  of  beech-wood,  and  each  is 
about  the  size  of  what  we  call  a  small  octavo. 
The  outer  part  of  the  two  outside  tablets  of  each 
exhibits  the  plain  surface  of  the  wood ;  the  inner 
part  is  covered  with  wax,  which  is  of  a  black 
-colour,  and  is  surrounded  with  a  raised  margin. 
The  middle  tablet  has  wax  on  both  sides  with 
a  margin  around  each ;  so  that  each  of  the  two 
tabulae  contains  four  sides  or  four  pages  covered 
with  wax.  The  edges  are  pierced  through,  that 
they  might  be  fastened  together  by  means  of  a 
thread  passed  through  them.  The  wax  is  not 
thick  in  either;  it  is  thinner  on  the  beechen 
tabulae,  in  which  the  stilus  of  the  writer  has 
sometimes  cot  through  the  wax  into  the  wood. 
There  are  letters  on  both  of  them,  but  on  the 
beechen  tabulae  they  are  few  and  indistinct ; 
the  beginiu^g  of  the  first  tablet  contains  some 
Greek  letters,  but  they  are  succeeded  by  a  long 
set  of  letters  in  unknown  characters.  The 
writing  on  the  tabulae  made  of  fir-wood  is  both 


TABULAKIUM 

greater  in  quantity  and  in  a  much  better  state 
of  preservation.  It  is  written  in  Latin,  aod  is  a 
copy  of  a  document  relating  to  some  business 
connected  with  a  collegium.  The  name  of  the 
consuls  is  given,  which  determines  its  date  to  be 
A.D.  169.  For  the  great  collection  of  127 
diptychs  and  triptychs  found  at  Pompeii  in 
1875,  see  ffermeSj  xii.  88;  Overbeck,  Pomp.*  489. 
Wooden  tablets  written  upon  with  inli,  which 
have  been  found  in  Egypt,  are  noticed  by  Mar- 
quardt  {PrivcUlebenj  p.  802). 

Waxen  tablets  continued  to  be  used  in  Europe 
for  the  purposes  of  writing  in  the  Middle  Ages ; 
but  the  oldest  of  these  with  which  we  are  ac- 
quainted belongs  to  the  year  1301  A.D.,  and  is 
preserved  in  the  Florentine  Museum. 

The  tablets  used  in  voting  in  the  comitia  aod 
the  courts  of  justice  were  also  called  tabniae  as 
well  as  tabellae.  [Tabelli..]  [W.S.]  [G.E.M.] 

TA'BULAE  PU'BLICAE.    [Tablt^eium.] 

TABULA'RII  were  notaries  or  acconntants, 
who  are  first  mentioned  under  this  name  in  the 
time  of  the  Empire  (Sen.  Kp.  88; — Dig.  11,6,7; 
50,  13,  1,  §  6).  Public  notaries,  who  had  the 
charge  of  public  documents,  were  also  called 
tabttlarii  (Dig.  43,  5,  S),  and  these  seem  to  hare 
differed  from  the  tabelliones  in  the  circumstaace 
that  the  latter  had  nothing  to  do  with  the 
custody  of  the  public  registers.  Public  tabnUrii 
were  first  established  by  M.  Antoninus  in  the 
provinces,  who  ordained  that  the  births  of  all 
children  were  to  be  announced  to  the  tabslahi 
within  thirty  days  from  the  birth  (Capitol.  M. 
Anton.  9).  Respecting  the  other  duties  of  the 
public  tabularii,  see  Cod.  Theod.  8,  2,  and 
Gothofr.  ad  loc.  For  the  tabularii  of  the  anur, 
see  EsEBCrros,  Vol.  I.  p.  803  a.  [W.  S.] 

TABULA'BIUM,  the  place,  at  Borne  and 
elsewhere,  where  the  tabviae  pubiicae^  or  staU 
archives,  were  kept,  corresponding  to  the 
ym'fo^¥  at  Athens  [Abchision].  The  toindKV 
pubticae  comprised  rogations,  senatascoosalta, 
and  plebiscita;  records  of  finance,  of  public 
contracts,  of  debtors  to  the  state,  the  censors' 
registers  (tabuiae  oenaoriaey,  registers  of  births 
and  deaths  (Capitol.  M.  Anton,  PhU.  9) ;  records 
of  judicial  matters,  not  only  of  trials,  but  alio 
of  jury  lists  (Cic.  Phil.  v.  'S,  15),  and  records 
of  elections  (Cic,  Pis.  15,  36).  But  these  were 
not  all,  at  all  periods  of  history,  kept  together 
in  one  place  or  under  one  control.  The  records 
of  the  censors  and  finance  were  probably  from 
a  very  early  date  onwards  kept  in  the  treasarj 
in  the  Temple  of  Saturn,  and  under  control 
of  the  quaestors.  [Aebarium;  Qcaestob.] 
On  the  other  hand,  from  the  date  447  &c 
the  plebeian  aediles  had  charge  not  only  of 
p]el>eian  archives,  but  also  of  senatuicoostiita, 
subject  to  a  general  control  or  right  of  in- 
spection by  the  tribunes  (Li v.  iii.  55;  Zooar. 
vii.  15);  and  when  these  records  also  were 
transferred  to  the  Aerarium  (see  below),  the 
quaestors  shared  with  the  aediles  and  tribunes 
the  charge  of  the  state  archives  in  general 
(see  Morouisen,  Staatsr,  ii.  490).  This  arrange- 
ment, giving  the  custody  to  aediles  and  tribunes 
conjointly  with  the  i*egular  officials  of  the 
treasury,  lasted  till  12  B.a,  when  Augustus  took 
it  away  from  them  on  account,  as  Dio  sap,  of 
their  negligence  (Dio  Cass.  liv.  36;  cf.  Cic,  Jf 
Leg.  Agr.  iii.  20,  46).  In  consequence  again  of 
loss  and  decay  of  documents,  Tiberius  A.i>.  1(> 


TABULARIUM 


TAGUS 


756 


appointed  apedal  curcdores  ttibalariorum  piibl.  to 
assist  the  regalar  officers  of  the  treasury  (Dio 
Cass.  Ivii.  16).  The  changes  made  by  various 
emperors  between  quaesiorSf  praetors,  and  prac 
fecti  of  the  treasury  are  described  under 
Abrariux,  Vol.  I.  p.  36  a  (cf.  Mommsen, 
Staatsr,  ii.  557-^60). 

The  permanent  depository,  or  tabularinm,  for 
plebiscita  and  senatusconsulta  was  in  the  Temple 
«f  Ceres  until  the  year  187  B.C.,  when  they  were 
transferred  to  the  Aerariura  (Lir.  zxxiz.  4), 
which,  so  far  as  our  evidence  shows,  became 
then  the  sole  permanent  tabularinm  at  Rome  (cf. 
Serv.  ad  Qecrg.  ii.  502).  It  may  be  inferred 
from  this  that  the  burning  of  the  tabularinm 
during  civil  tumults  early  in  the  Ist  century 
B.C.,  alluded  to  by  Cicero  {pro  Rah.  perd.  3,  8 ; 
de  Nat  Deor.  iii.  30,  74X  must  imply  that  the 
part  of  the  Temple  of  Saturn  which  formed  the 
tabularinm  was  destroyed  at  that  time  and 
afterwards  rebuilt.  The  history  of  the  remains 
of  a  so-called  tabularinm  above  the  Forum,  aud 
the  precise  meaning  of  the  statement  that 
Lutatius  Oatulus  built  a  tabularium  in  B.C.  78 
<a  /.  L.  vi.  1313,  1314),  still  need  elucidation, 
but  need  not  be  discussed  here.  [See  Diet,  of 
Geography  J  s.  v.  Borne  ;  Middleton,  Borne,  p.  232 ; 
O.  Richter  in  Baumeister's  Denhm,  p.  1482; 
Mommsen,  Ann.  Inst.  1858,  p.  211,  who  thinks 
that  the  eubstructio  spoken  of  belonged  to  the 
Temple  of  Jupiter  Capitolinus.]  There  were  also 
temporary  tabularia  at  Rome  for  the  tabulae 
ceneoriae^  which  seem  to  have  given  rise  to  the 
belief  in  a  number  of  permanent  tabularia  (Bum, 
Bomie  and  the  Campagna,  p.  97).  The  fact  is 
that  the  censors  held  the  census  of  the  people  in 
the  Campus  Martins,  and  deposited  the  records 
during  their  term  of  office  in  the  Temple  of  the 
Nymphs  (Cic  pro.  JUil.  27,  73),  which  is  believed 
to  have  been  in  the  Campus.  The  equestrian 
census  was  held  in  the  Forum,  and  accordingly 
its  records  were  deposited  by  the  censors  during 
their  term  of  office  in  the  Atrium  Libertatis  (Liv. 
xliii.  16X  which  from  Cic.  ad  Att.  iv.  16  seems 
to  have  been  in  or  near  the  Forum.  At  the 
expiration  of  their  office  they  deposited  all  their 
records  in  the  Aerarinm  (Liv.  xxix.  37),  except 
possibly  in  very  early  times,  when  they  seem  to 
have  retained  them  in  their  private  tablina 
{Dionys.  i.  74).  The  existence  of  these  temporary 
tabularia  besides  the  permanent  tabularium  of 
the  treasury  may  be  implied  in  the  plural  word 
of  Verg.  Oeorg.  ii.  502 ;  but  it  is  more  probable 
that  the  poet  speaks  of  the  tabularium  and 
merely  uses  the  plural  for  the  singular. 

It  is  an  error  also  to  regard  the  Temple  of 

Jupiter  Capitolinus  as  a  tabularium  (if  we  mean 

therel>y  a  receptacle  for  tabulae  publicae).    The 

treaties  and  agreements  with  foreign  states  and 

the  senatusconsulta  ratifying  such  agreements 

were  deposited  in  this  temple,  but  they  were 

always  engraved  on  bronze  plates  (tabulae  aenency 

j    x^t^^^/'o^^)'  ^^^^  y^ere  not  included  in  the  tabulae 

\    ptMioae,  nor  was  their  repository  called  a  tabu- 

,    larium.      (Polyb.  iii.  26 ;  Cic.  PhU.  iii.  12,  30  ; 

ad  Fdmu  xiii.  36 ;  Suet.  Vesp.  8 ;  Liv.  xzvi.  24; 

'    Mommsen,  Staatsrecht^  i.  255.) 

As  regards  the  method  of  entering  decrees,  &c., 

on  the  tabulae  publicae,  see  Sexatusoonsultum, 

^p.  637;  Sgriba;  Mommsen,  Staatsr,  iii.  1011- 

1021.     In  the  chief  town  of  every  province  there 

I    was  a  tabularium  in  which  records  of  surveys 


and  the  registers  of  the  census  (by  Greek  writers 
called  &va7pa0tfO  ^^'^  preserved  (Marquardt, 
Staatavene.  ii.  313,  where  numerous  inscriptions 
are  cited) :  it  appears,  however,  that  abstracts 
or  copies  were  also  sent  to  Rome,  as  is  stated  by 
both  Tertullian  (adv.  Marcionj  4, 7)  and  Chryso- 
stom  (vol.  ii.  p.  356  c,  Montf.)  in  treating  of  the 
kiroypa4>ii  mentioned  in  the  Chwpels  (Marquardt, 
i6.  p.  216).  So  also  there  were  tabularia  in 
Italian  towns  for  municipal  records  (Cic  pro 
Arch.  4,  8;  cf.  pro  Quewt.  14,  41).  [For  the 
tabularium  castrense^  see  ExJEBCrriTB,  Vol.  I. 
p.  803  oj  [G.  E.  M.] 

TAEDA  (5atf ,  Att.  S^r,  dim.  t^iov%  a  torch 
of  fir-wood,  called  on  this  account  pinea  taeda 
(Catull.  61,  15 ;  Ovid,  Fast.  ii.  558).  Hence  the 
name  taeda  is  given  to  the  tree  itself  (Plin. 
H.  If.  xvi.  §  44 ;  cf.  Hor.  Od.  iv.  4),  for  there 
can  be  no  doubt  that  **  torch  "  was  the  primary 
sense  of  the  word.  Before  the  adoption  of  the 
more  artificial  modes  of  obtaining  light,  described 
under  Candela,  Fax,  Funale,  and  Lucebna, 
the  inhabitants  of  Greece  and  Asia  Minor 
practised  the  following  method,  which  still 
prevails  in  those  countries,  and  to  a  certain 
extent  in  Scotland  and  Ireland,  as  well  as  in 
other  parts  of  Europe,  which  abound  in  forests 
of  pines  (Fellows,  Ilxc.  in  Asia  Minor,  pp.  140, 
333-335) : — A  tree  having  been  selected  of  the 
species  Pinus  maritima,  Linn.,  which  was  called 
we^jci}  by  the  ancient  Greeks  from  the  time  of 
Homer  (//.  xi.  494,  xxiii.  328),  and  which  retains 
this  name,  with  a  slight  change  in  its  termina- 
tion, to  the  present  day,  a  large  incision  was 
made  near  its  root,  causing  the  turpentine  to 
flow  so  as  to  accumulate  in  its  vicinity.  This 
highly  resinous  wood  was  called  5^f,  i.e.  torch- 
wood  (Thuc.  vii.  53);  a  tree  so  treated  was 
tailed  $vB^9ot,  the  process  itself  M^Bouv  or 
daSovpvfry,  or  more  fully  9a9oKow9ty  irt^ierit 
(Theopnr.  H.  P.  v.  16,  2),  and  a  tree  so  affected 
is  said  by  Pliny  *«  taeda  fieri  "  (ff.  N.  xvi.  §  45) : 
the  workmen  employed  in  the  manufacture  are 
called  ZqSovpyoL  After  the  lapse  of  twelve 
months  the  portion  thus  impregnated  was  cut 
out  and  divided  into  suitable  lengths.  This  was 
repeated  for  three  successive  years,  and  then, 
as  the  tree  began  to  decay,  the  heart  of  the  trunk 
was  extracted,  and  the  roots  were  dug  up  for 
the  same  purpose  (Theophr.  If.  P.  i.  6,  §  1 ; 
iii.  9.  §§  3,  5 ;  iv.  16,  §  1 ;  x.  2,  §§  2,  3 ;— Athen. 
XV.  700  f).  These  strips  of  resinous  pine-wood 
are  now  called  Bfbia  by  the  Greeks  of  Mount 
Ida  (Hunt  and  Sibthorp,  in  Walpole's  Mem, 
pp.  120,  235). 

For  the  uses  of  the  torch  by  Greeks  and 
Romans  and  its  significance  in  marriages  and 
funerals,  see  Fax.  [J.  Y.]    [Q.  £.  M.] 

TAE'NIA.    [Vitta;  Strophium.] 

TAGUS  (Tay6s\  a  commander  or  ruler,  was 
more  particularly  the  name  applied  to  the  chief 
magistrate  of  The^saly,  and  to  magistrates  of 
the  Thessalian  towns,  at  various  periods  of  the 
history  of  that  country.  Under  this  head  it  is 
proposed  to  give  a  short  account  of  the  constitu- 
tion of  Thessalyi 

The  Thessalians  are  said  to  have  been  an 
Epirot  tribe,  which  crossed  the  Pindus,  con- 
quered the  country  to  which  it  subsequently 
gave  its  name,  and  either  drove  out  or  reduced 
to  subjection  the  original  inhabitants  (Herod, 
vii.  176 ;  Thuc.  i.  12 ;   Diod.   iv.   57).      They 

3  C  2 


766 


TAGUS 


TAGUS 


se«m  to  haye  settled  originally  in  tnat  part  of 
Theisaly  known  as  Btatraktwris  (Buttmann, 
Mythol,  xzii.  p.  262),  and  soon  after  to  have 
completed  the  conquest  of  IIcXcur/iwTif,  for  it 
was  to  these  two  districts  that  the  Pene.<>tae^ 
who  were  the  remains  of  the  earliest  of  the 
natire  tribes  which  submitted  to  their  dominion, 
belonged  (Archemach.  ap.  Athen.  x\.  p.  264 ;  see 
Penestae).  They  then  completed  the  conquest 
of  the  rest  of  Thessaly,  and  reduced  the  neigh- 
bouring tribes  of  Achaeans,  Perrhaebi,  and  Mag- 
netes,  with  which  they  had  been  long  at  war 
(Arist.  Pol.  ii.  9,  2),  to  the  condition  of  perma* 
neut  dependencies  (Mikooi^  Thuc.  ii.  101,  iv.  78, 
viii.  3 ;  see  Pebioect). 

The  princes  who  led  the  Thessalians  to  their 
new  homes  across  the  Pindus  were,  like  the 
leaders  of  the  Dorian  invasion,  Heracleidae 
(Pind.  Py«A.  i.  10  «g.;  Hom. //.  ii.  679;  Butt- 
maun,  Mythol.  ii.  p.  260).  As  the  Heracleidae 
were  found  at  Sparta  in  the  families  of  the 
Agids  and  Eurypontids,  and  at  Corinth  in  that 
of  the  Bacchiadae,  so  in  Thessaly  they  were 
represented  chiefly  by  the  Aleuadae  and  Scopa- 
dae ;  and  it  is  with  the  names  first  of  Aleuas 
and  later  of  Scopas  that  the  organisation  of 
Thessaly  is  connected.  Thessaly  appears  as  a 
united  whole  under  the  rule  of  Aleuas  the  Red- 
haired  ('AAc^  6  n6ppos)f  a  semi-mythical  per- 
sonage, to  whom  no  date  can  even  approximately 
be  assigned  (Plut.  de  Fr,  am.  21  ;  Ael.  de  Nat. 
anim.  viii.  11).  We  are  told,  on  the  authority 
of  Aristotle,  that  he  divided  the  country  into 
the  four  districts  of  Thessaliotis,  Phthiotis, 
Pelasgiotis,  and  Histiaeotis,  which  were  called 
TCTpdScf  (Harpocrat.  8.  r.  Tfrpapxioi:  Phot., 
Suid.,  s.  V. ;  Strabo.  is.  p.  430).  This  division, 
which  was  probably  based  on  some  preceding 
natural  division  due  to  the  mode  in  which  the 
country  had  been  conquered,  continued  un- 
changed to  the  latest  times;  and  that  it  was 
not  merely  nominal,  but  had  a  material  signi- 
ficance of  the  nature  of  which  we  are  ignorant, 
is  shown  by  the  frequency  with  which  it  asserted 
itself  as  a  real  element  in  the  Thessaliun  con- 
stitution. Aleuas  is  also  said  to  have  fixed 
certain  regular  military  contingents,  enjoining 
each  K\ripos,  which  was  perhaps  a  subdivision  of 
the  T€TpdSf  to  furnish  forty  horsemen  and  eighty 
hoplites  (Arist.  ap.  Schi^.  vac.  in  Eur.  Mhes. 
807).  We  are  further  told  that  the  tribute  to 
be  paid  by  the  subject  states  was  fixed  by  a 
certain  Scopas  (Xen.  Hell.  vi.  1,  19,  irpocTvc  8i 
ical  roTs  vfpioiKois  vairi  rhif  ^6pw  &a^fp  M 
'XK6fra  rerayfi^yos  fiv  ^iptiv),  who  is  assigned 
by  modern  authorities  to  the  first  half  of  the 
sixth  century  b.c.  (Gilbert,  Staatsalt.  ii.  p.  8; 
Buttmann,  Abh.  dcr  Berl.  Akad.  1832,  p.  190  sq.). 

From  this  time  to  the  Persian  wars  Gilbert 
thinks  that  there  was  always  a  king  of  Thessaly, 
and  that  he  was  chosen  from  the  Heracleidae, 
though  not  always  from  the  same  family  of  this 
race.  Herodotus  calls  the  Aleuadae  **  kings  of 
Thessaly  "  at  the  time  of  the  Persian  invasion 
(Herod,  vii.  6),  and  he  also  states  that  in  510 
B.C.  Thessaly  as  a  united  whole  (^Koiyy  yvotfip 
Xp^^M-^yoi)  sent  their  king  Kivdriy  &y^pa 
Koyuuoy  (Kvrivatoy,  Stein)  to  help  the  Pisistra- 
tidae  (Herod,  v.  63).  As  late  as  454  B.C.  we 
find  a  certain  Orestes  of  Pharsalus  called  king 
of  Thessaly  (Thuc.  i.  Ill),  and  even  at  this 
period  Thessaly  may  have  been  a  united  nation, 


and  the  noble  families  have  still  coniidered 
themselves  vassals  to  a  king  of  their  own  race 
and  perhaps  of  their  own  choosing.  There  v. 
no  evidence  to  show  that  the  names  jkirtXfvs 
and  rayht  were  interchangeable;  roy^  nuj 
have  been  one  of  the  titles  of  the  moasrch,  ss 
"dictator"  and  *'magister  populi"wereprobtblj 
amongst  the  titles  of  the  ancient  kin^  of 
Rome ;  and  as  the  king  at  Athens  became  the 
fyx^^i  ^  ^^  Thessaly  be  mav  have  become  the 
raySs  (Buttmann,  Mythol.  ii.  p.  275).  The 
office  was  a  temporary  resumption  of  the  mon- 
archr,  chiefly  in  respect  of  its  military  anthoritv, 
and  was  created  for  the  purpose  of  anitiag  the 
independent  states  of  Thessaly  for  some  common 
purpose.  The  Tagus  was  apparently  elected  hj 
a  majority  of  the  states  (Xen.  Hell,  tl  1,  8); 
and  the  whole  military  force  of  the  cooatry 
was  placed  under  his  command :  the  surrovnding 
tribes,  which  seem,  after  the  fall  of  the  moo- 
archy,  to  have  been  dependent  on  particular 
states,  as  the  Perrhaebi  in  Larisa  (Strabo. 
p.  440),  were  all  brought  under  the  control  of 
this  temporary  central  government  (Xen.  HeU. 
vi.  1,  9,  irdyra  rk  k^kX.^  iOrri  MiKoa  fih  hra^ 
Zrtof  rayhs  4y$^t  Karturrfi).  The  tribute 
(jp6pos),  which  they  seem  usually  to  hare  paid 
to  the  particular  states  on  which  they  were 
directly  dependent  (Strabo,  /.  c),  was  nov 
exacted  for  the  common  purposes  of  the  Icsj^oe 
(Xen.  Hell.  vi.  1,  12) ;  and  they  were  made  to 
furnish  light-armed  troops,  which  the  Tapu 
levied  (ib.  vi.  1,9).  At  the  same  time  he  ni.^ 
the  greatest  force  which  the  free  states  of 
Thessaly  were  capable  of  affording,  and  which 
amounted  on  these  occasions  to  6,000  caTsIrr 
and  more  than  10,000  infantry  (Xen.  HelL  vi. 
1,8). 

But  such  a  union  of  the  states  of  Tbca^str 
was  rarely  realised ;  and  we  meet  with  no  sctaai 
instance  of  the  appointment  of  a  Tagui  notil 
after  the  Peloponnesian  war.  It  is  not  knovo 
when  the  monarchy  came  to  an  end,  but  it  pro- 
bably continued,  in  name  at  least,  down  to  the 
year  454  B.C.  (Thuc  i.  Ill)  ;  it  was  followed  hx 
a  general  break-up  of  the  union  of  Thes^Ir ; 
and  though  the  words  of  Thucydides  (iv.  78. 3). 
T^  wdymy  Koiy6y,  may  point  to  some  looac  ceo- 
federacy  or  common  council,  and  though  there 
seems  to  have  been  a  strong  common  democratic 
sentiment  running  through  the  whole  conntn, 
yet  the  different  states  were  largely  independfiii 
of  one  another  and  almost  entirely  under  the 
control  of  their  separate  hereditary  oligarcbie* 
(Thuc.  /.  c).  Thus  Larisa  was  governed  by  the 
Aleuadae,  Cranon  by  the  Scopadae,  and  Phar- 
salus by  the  Creondae  (Herod,  vi.  127,  vit.  6, 
ix.  58 ;  Diod.  xv.  61,  xvi.  14 ;  Schol.  in  Theocr. 
xvi.  34).  llie  Aleuadae  and  Scopadae  we  know 
were  related  (Ov.  Tab.  512 ;  Buttmann,  Jiytht. 
ii.  p.  270),  and  perhaps  most  of  the  great  fami- 
lies of  Thessaly  were  connected,  at  least  by 
being  Heraclidae,  and  therefore  of  the  orifioai 
royal  race,  if  not  by  being  ofilboots  of  the 
Aleuadae,  who,  we  are  told,  ruled  in  many  cities 
(Pind.  Pyth.  10  ad  fin.,  4y  V  ky^BMi  a<«Tsi 
icarpvitu  jreSyol  mXiotv  Kvfitpydirus).  Some- 
times a  powerful  state,  like  Pharsalus,  extended 
its  rule  over  other  smaller  cities  (Xen.  I/eiL  ri. 
1,  8),  but  each  of  the  larger  states  seems  tn 
have  been  practically  independent  both  in  fore tgn 
and  domestic  politics.    In  431  a&,  at  the  com- 


TAGUS 


TAGUB 


'57 


meuoement  of  the  Peloponnesian  war,  we  find 
th:it  each  of  the  cities  which  sent  help  to  the 
Athenians  appointed  its  own  commander,  and 
that  the  forces  from  Larisa  were  led  by  two 
f;euerals,  each  choMn  from  a  separate  clan  or 
I'nction  in  the  city  (jkwh  r^i  mM-cwr  JKdrffoor, 
Thuc  ii.  22);  and  we  also  find  nobles,  like 
Menon  of  Pharaalus  in  364  B.C.,  arming  their 
Penestne  and  taking  an  independent  part  in  the 
wars  of  foreign  nations  (Dem.  c.  Aristocr.  §  238). 
These  instances  point  to  the  di»organise<l  condi* 
lion  of  Thessaly,  which  was  indeed  a  noted 
characteristic  of  the  country,  throughout  its 
history  (JAr,  xxxir.  51).  The  towns  were  under 
the  control  of  a  feudal  nobility,  who  maintained 
their  power  the  more  easily  through  the  pre- 
ponderance of  cavalry  amongst  the  Thessalians, 
which  their  wealth  and  the  character  of  the 
country  enabled  them  to  supp«irt,  and  the  com- 
parative unimportance  of  the  AwASrax  (Arist. 
Poi.  iv.  3,  3;  Thuc.  ii.  22;  Herod,  v.  63;  Dem. 
/.  c).  The  country  was  distracted  at  once  by 
clau-fends  and  by  the  struggles  of  the  demo- 
cracy against  the  dominant  caste:^.  In  some 
states  a  compromise  was  for  a  time  effected,  ns 
at  Larisa,  where  a  mediator  {Apx^'^  fAt<rl9ios) 
was  at  one  time  called  in  to  allay  the  feuds  in 
the  ruling  family  (Arist.  Pol,  v.  6,  13),  and 
where  different  magistrates  of  a  democratic 
character,  called  voArro^il^Aaiccs  and  Ihifuovpyot, 
vrere  appointetl,  to  satisfy  the  claims  of  the 
popular  {tarty  (•6.  v.  6,  6,  iii.  2,  2 ;  Etym,  M, 
a.  V.  9fifiunfpyis), 

The  rule  of  the  nobility  continued  until  the 
close  of  the  Peloponnesian  war;  and  it  was  nut 
until  404  B.C.  that  the  democratical  i*eaction 
became  strong  enough  to  cause  its  overthrow. 
In  this  year  Lycophron  of  Pherae  attempted  to 
raise  himself  to  the  position  of  Tagus  of  Thes- 
saly (Xen.  ffeU,  ii.  3,  4).  Unable  to  secure  his 
election  by  constitutional  means,  he  made  him- 
self tyrant  (Diod.  xiv.  82),  and  attempted  to 
unite  the  whole  of  Thessaly  under  his  sway. 
This  object  was  actually  accomplished  by  his 
•accessor  Jason  in  375  i).0.  (Xen.  Hell.  vi.  1  tq. ; 
Diod.  XV.  60);  but  after  the  assassination  of  the 
latter  in  370  n.c.,  his  successors  Polydorus, 
I'olyphron,and  Alexander  of  Pherae  were  unable 
to  maintain  the  constitutional  hegemony,  and 
the  office  of  Tagus  developed  into  an  irregular 
tyranny  (Xen.  /Ml.  vi.  4,  33;  Diod.  xv.  61), 
for  the  suppression  of  which  the  aid  of  the 
Thebana  under  Pelopidas  was  repeatedly  called  in. 

Meanwhile  we  find  that,  abont  364  B.C.,  an 
mtteropt  was  made  at  a  reconstruction  of  the 
constitution  of  united  Thessaly,  for  the  purpose 
of  joint  action  against  Alexander  of  Pherae. 
We  find  again  the  tcoirhv  rShf  BrrrdKWy  com- 
posed of  the  four  rrrpdlScr  (C  /.  A,  ii.  n.  88). 
At  its  bead  stood  an  Apx^^f  '^^^  ^^^  rtrpis 
seems  to  have  had  its  wo\4fiapxot^  with  irtf^ap- 
Xo<  for  the  command  of  the  foot-soldiers  and 
ivTopx^'  ^'^^  ^^^  command  of  the  cavalry,  and 
other  officers,  apparently  of  a  religious  charac- 
ter, called  Upofurfit'^¥§s  (C.  /.  A,  ii.  n.  88,  where 
9o\4/iafX^  >i>^  *^C^XO<  *^  mentioned ;  Ditten- 
berger,  n.  85  —  a  treaty  of  alliance  between 
Athens  and  Thessaly  in  361  B.C.  —  1.  17,  rb 
Koofhp  rh  $9rrctk&v — rhv  ipx"**^^  ^'^  cIXokto 
^erraXoi:  1.  24,  ilopH^wriw  'Ay4Kaop  rhv 
ipX**^*^  "^  'f'^^*  *oX.9/tdpxovs  Ka2  rolfs  Iwwd^ 
X«v  trol  fths  hnr4at  irol    rohs   Upo/irfifiwca 


KaX  robs  &AAouf  Ikpxovras,  iwoaoi  vw^p  rh  Koiyh 
rh  Berra\&tf  ipx^^*"^^)*  ^u^  ^^^^  independent 
organisation  was  not  of  long  duration.  The 
subsequent  usurpations  of  Sisiphorus  and  Lyco- 
phron induced  the  aristocracy  to  call  in  the 
assistance  of  i'hilip  of  Macedon,  who  deprived 
Lycophron  of  his  power  in  352  B.C.  (Dem. 
Ol}ffith,  ii.  p.  19,  §  7) ;  and  this  interference  in  the 
affairs  of  Thessaly  paved  the  way  fur  its  subjec- 
tion to  Macedonia,  which  was  effected  in  344  B.C. 

Philip  re-organised  the  country  by  instituting 
tetrarchies(rcr^apx^<>(f  Dem.  Phil,  iiL  p.  120,  §  35; 
Harpocr.  s.  o.)  and  decarchies  (ScicaSapx^^y  Dem. 
Phil,  ii.  p.  71,  §  24);  but  it  is  doubtful  whether 
these  two  moiies  of  organisation  were  coexistent, 
and,  if  so,  what  relation  the  latter  bore  to  the 
former.  The  tetrarchy  was  no  doubt  a  re -insti- 
tution of  the  division  into  rcrpaSc;:  and  the 
decarchy  has  been  variously  explained  as  a  coun- 
cil of  ten  under  which  each  of  the  principal 
cities  wns  placed,  or  as  a  similar  council  which 
governed  ench  of  the  four  divisions,  or  as  a 
supreme  council  which  was  invested  with  the 
government  of  the  whole  country :  this  last 
alternative  being  on  the  whole  the  most  pro- 
bable (Dem.  /.  c.  r^r  «radf<rr«<ray  pw  8f iraiap- 
X^oy:  see  Whiston's  note  m  /oc.).  Thessaly 
remained  henceforth  dependent  on  the  Mace- 
donian kings  until  the  year  196  B.C.,  when  the 
Romans,  by  the  victory  of  Cynoscephalae, 
wrested  it  from  Philip  v.,  and  restored  the 
autonomy  of  the  country. 

From  this  time  we  get  a  renewal  of  the 
alliance  of  the  Thessalinn  states  (noivhv  Btinror 
Ady);  at  the  head  of  this  confederacy  stood  a 
€rrpar7iy6Si  appointed  yearly,  and  we  find  the 
names  of  such  irrparriyol  recorded  both  in 
inscriptions  and  on  coins  (^Sev.  Arch,  zxzi.  1876, 
pp.  256,  257).  The  tribes  formerly  dei>endent 
on  Thessaly — the  Dolopes,  Perrhaebi,  and  Mag- 
netes — were  now  constituted  as  independent 
states  (Liv.  zxxiii.  34;  Polyb.  xviii.  30,  6;  see 
Mommsen,  Staattr,  iii.  p.  658,  n.  1) :  thus  we 
find  that  the  Magnetes  had  a  general  council 
of  their  own  (**  Magnetum  consilium/'  Liv. 
xxzv.  31),  and  a  supreme  magistrate  who  bore 
the  title  Magnetarchea  (Liv.  xxxv.  39  and  43). 
The  constitution  of  the  separate  Thessalian 
states,  as  they  were  organised  by  T.  Quintius 
Flamininus,  was  of  a  timocratic  character  (Liv. 
xzziv.  51,  *'a  cursu  maxima  et  senatum  et 
judices  legit,  potentloremque  earn  partem  civita- 
tium  fecit,  cui  salva  et  tranquilla  omnia  magis 
expediebant ").  On  the  occasions  when  the  states 
were  summoned  to  discuss  measures  which  con- 
cerned the  whole  of  Thessaly,  the  general  council 
met  at  Larisa  (Liv.  xxxv.  31;  xlii.  38,  <«Thes- 
salorum  Larissae  fuit  consilium  "). 

During  the  Macedonian  and  Roman  rule  we 
find  the  word  rveyhs  occurring  frequently  as  a 
title  of  the  magistrates  of  the  Thessulian  states ; 
it  is  found  in  the  fourth  century  B.C.  at  Phar- 
salus  and  Cranon  (Cauer,  nn.  395  and  400X  in 
the  third  century  at  Larisa  (Cauer,  n.  409 
B.a  219  and  214),  and  about  the  year  196,  at 
the  commencement  of  the  period  of  Roman  mle, 
at  Cyretiae  (C.  /.  0,  n.  1770).  At  Larisa  and 
Cyretiae  they  were  the  chief  magistrates ;  thus 
letters  of  Philip  V.  of  Macedon  and  of  T.  Qnin- 
tius  Flamininus  are  addressed  rots  rayois  Ktil  rp 
w6\ti  x^P*^^  (Cauer,  n.  409 ;  C.  L  0,  n.  1770): 
in  other  atatcs  they  appear  as  directing  the  pro- 


758 


TALABU. 


ectdingi  of  the  <iiiiAtr(Fla,aiidastheeiicutiTeBiid 
finaace  officers  (CaucT,  n.  38lj  a,  irpeirfaTfiiei^iit 
TBI  VwcAitvlBi  Tw  Ttryvr  ^Ikumi:  Qilbeit, 
Staalsalt.  a.  p.  15).  [Gilbert,  //indk  der  GHech. 
Slaatiali,  ii.  pp.  5-16  ;  BattmsDD,  Mythologai, 
Nd.  iili.  (Fm  (fm>  QeKhlechi  lier  AUaaden); 
ViMinel,  de  TKeaai^iaa  ineolia  antiqu.,  Frnnkf. 
1S29;  Hoew,  dd  Tiiaa^ia  Macedonum  iinperio 
suhjtcta,  GiyphUe,  1823 ;  SchOmann,  Atitiq.  Jm-. 
publ.  Oraec.  p.  401 ;  C.  F.  Hermsnn,  PvUticaJ 
Antiquiliia  of  Grttce  (Kng.  trans.),  §  ITS; 
Wachimatb,  Hdlm.  Mterth.  i.  S,  §  60,  p.  106; 
Dauckcr,  Eatarij  of  Grtect  (EDg.  trans.),  bk.  ii. 
ch.  ».]  [A.  H.  G.] 

TALA'RIA  CwTtpJ.n-a  tAiAb),  coTeringi 
for  the  feet,  either  boott  or  sandals,  with  nnall 
win^  attached.  They  are  represented  in  ancient 
art  and  literature  as  the  attributes  of  Hermei 
(fl.  iiir.  340 ;  Od.  t.  44 ;  Verg.  Am.  W.  239, 
Hercnr;)  and  of  PerMos  (Has.  Sctit.  216-220i 
Or.  Met.  ir.  664  ff.),  and  had  the  property  of 
curying  their  wearsrs  throngh  the  air,  orer 
land  and  sea.  On  the  momunents,  Hermes  is 
often  (though  not  inTiTJably)  depicted  aa  wear- 
ing these  winged  boots  or  undaU  (see  a.g.  Furt- 
iriingler,  Vatmk.  1753,  2182,  2345;  Couie, 
Eerotn-  u.  Gstttrgal.,  Tif.  71,  1 ;  Orerbeck, 
Qia.  her.  £iVd».,Taf.  15,  12).  In  the  Helleniitic 
and  RomuD  periods  the  wings  are  sometimes 
attached  to  the  bore  ankles  of  Hermes  or  Mer- 
fnry  {e.g.  Bamnoiater,  Dtnhn.  art,  Hennes,  fig, 
740  =  ifia.  Borb.  vi.  2).  On  the  reiling 
Henaet  at  Naples  (Banmeister,  DetAm.  art. 
Hermei,  lig.  738;  lee  also  woodcut  to  the  pre- 
■ent  artlole)  the  wings  are  attached  by  straps  to 
the  fe«t  of  Htrmu.    It  ahould  be  noted  that  on 


Footwtthtal 


,    (From  itati 


"-) 


TAUO 

— the  Enbnc,  the  Aeginetan,  the  Phoenician,  la. 
— the  weights  of  which  will  be  fonod  in  tb( 
tables  under  Pohdera.  Pollux  (ii.  86)  mtutioiK 
several  of  these,  and  gives  their  ralne  in  propor- 
tion to  the  Attic  talent.  He  also  remarks  that 
the  talent  of  each  district  contiiined  60  mlnae  ti 
that  di!>trict,  and  the  mina  100  drachmae. 

There  were,  hnwevfr,  one  or  two  talents  of  * 
peculiar  character  which  require  special  men- 
tion.    The  talent  of  gold  of  Uonier  (il.  ii.  124; 

small  amount;  and  ancient  writers  conjectortd 
thai  it  was  of  the  weight  of  a  daric  (128  gnias), 
a  Tiew  which  modem  inTcatigations  lend  te 
confirm.  Of  somewhat  greater  value  vu  3 
talent  of  gold  mentioned  by  the  poet  FhitcDiea 
a*  consisting  of  three  xpwroT  or  gold  tuten. 
Possibly  they  may  hare  been  the  equiralent  ef  a 
talent  of  copper. 

Like  all  other  nations,  the  Greeks  used  rariou 
talenta  for  different  daasei  of  goods.  The  B^y- 
laniana,  as  we  hare  set  forth  nnder  PoxdeU, 
had  one  talent  for  gold,  one  for  silrer,  and  ou 
for  goods.  In  Athens  in  historical  tim«  the 
emporic  or  commercial  talent  was  quite  dideren 
from  the  talent  of  the  mint,  bearing  to  it  a 
relation  of  about  3  to  2.  And  eren  for  different 
sorts  of  heavy  gooda  special  weights  were  em- 
ployed. "Ybnt  we  hear  uf  a  talent  for  weighing 
wood  ({uAiK&f  rixainot)  as  in   use  at  Antioch 


it  Alei 


s  the  A 


weights  seem  to  bare  been  naed  for 

T^XuTov  in  the  index  to  Hultsch'a  Melnlega 
Scnptora.  [P.  0.] 

tALIO,  from  tatit,  signiGes  an  tqniTslnt, 
but  it  is  used  only  in  the  lenae  of  a  pnuishmul, 
or  penalty  the  salne  in  kind  and  degree  ai  the 
mischief  which  the  gailty  person  his  dene  lo 
the  body  of  anothfr  (cf.  Itidor.  v.  27, "  Tilio  ta 
indiotae,  ut  tallter  quia  patiatnr,  nt 


1  the  Twtlre 


similitude  I 


early  Greek  vase-paintings 
wearing  boots,  to  the  upper  nm  ot  eacn  ot 
which  is  attached  a  curved  object.  This  appears 
to  be  a  strap  for  pulling  on  the  boot,  and  not  a 
rude  representation  of  a  wing  (Roscher,  Lexikon, 
art.  Hermes,  p.  2400 ; — Banmeister,  Deidon.  art. 
Athena,  tig.  171 ;  i6.  art.  Herakles,  lig.  722 ; 
ib.  art.  Drelfusa-  und  Dreifuasraub,  lig.  512). 
Examples  of  the  tataria  of  Perseus  may  be  seen 
OD  the  early  vase  figured  in  Montimenti,  vol.  x. 
pl.52  =  Ra;et  andColligoon,  ifiit.  defa  CiramU 
qat,  p.  75,  lig.  38 ;  see  also  Banmeister,  op.  cit., 
art  Perseus,  fig.  1439,  1440.      [W— K  W— u.] 

TALA88IC5.    [MATRiiiOHnJii.] 

TALENTUU  iti}..artw)  wai  the  heaviest 
unit  of  weight  In  use  among  the  Greeks ;  and 
OS  a  talent  of  gold,  silver,  or  capper  was  a  defi- 
nite amoant  of  money,  varying  of  course  with 
the  standard  by  which  it  was  neighed,  the  word 
stood  also  for  monetary  units.  A  large  number 
of  talents  were  in  use  in  diOerent  parts  of  Greece 


proviuon  as  to  talio  occurred  i 
Tables:  "Si  niembrum  rupit  ni  cani  h  paat 
talio  esto  "  (Festus,  a.  T.  Talimia  ;  Cell,  ui- 1 : 
Gains,  iii.  223).  It  appears  that,  accotdiif  la 
this  law,  a  defendant  declared  guilty  in  the 
actio  de  meTnhru  rvptit  of  having  broken  the 
limb  of  the  plaintiff  was  condemned  tothepesilty 
of  retaliation  nt  the  hands  of  the  icdiiidul 
injured  or  his  friends,  unleii  he  coild  igrte  I 
with  bis  adversary  that  a  pecaniary  composi^ 
should  be  substituted  for  retaliation  (jxidmdi 
redimatda  talioney.  A  practice  ome  to  he  es- 
tablished, that  in  case  of  disagreement  ai  lo  the 
amoant  of  composition  to  be  paid,  the  party  >h(i 
hfld  committed  the  wrong  might  demand  SB 
arbitrator  of  the  magistratns  for  the  perpine 
of  having  the  damages  fixed,  so  that  be  wnld 
escape  from  liability  to  talio  by  paying  a  fiir 
composition  (Getl.  x>.  1,  37.  &c :  "  hanc  i|noi]ie 
ipsnm  (alionem  ad  aeitimationem  jndicis  ndigi 
necessario  solium.  Sam  si  reni,  qui  difaid 
ooluerat,  judici  talionem  imperanti  nan  panbst, 
aestimata  lite  judex  hominem  pecuniae  dsmpns- 
bat.  atque  ito,  si  reo  et  paclio  gravis  tl  aarba 
talio  visa  fuerat,  severitas  legis  ad  peciuiiK> 
multam  redibat").  The  pnnishraenl  of  tai» 
was  only  infiicted  under  the  Twelve  Tables  oB 
aomantof  the  breaking  ofa  limb  {pr^tsrmm- 
brtim  ruptim)i    for  the    breaking  tf  s  bone 


TALUS 

ipropler  01  fraciam)  u  didinct  from  a  limb,  tl 
P«n«1tf  vaa  300  aiwi  if  the  person  injured  wi 
a  freeiDita.  ind  150  if  hcKuailaTC;  for  other 
injariti,  35  oshi:  lach  inms  being  considered 
adequate  compentation  in  early  tiraea  of  gi 
poTertj,  aa  Gsiiu  telli  na  (iii.  Vii). 

Tbe  principle  of  talis  ii  geDcndly  foand  in 
Bjitemi  of  primitire  law,  gradual];  giving  plai 
aa  at  Rome,  to  tbat  of  pecuniar;  dnmagei 
penalty.  Cato,  aa  quoted  by  Priacian  (vi.  p,  710, 
PnlKh),  uya  in  reference  ta  Punic  law:  "Si 
quia  membrum  rupit,  ant  o*  fregit,  talione 
proiimui  coguatui  nieiacatur."  TaJio,  aa  a 
punishment,  wai  a  part  of  the  Uoulc  law: 
*■  breach  for  breach,  eye  for  eye,  tootb  (or 
tooth;  at  he  bath  earned  a  blemiih  in  a  man, 
•o  ahall  it  be  done  to  blm  agnin  "  (Lerit.  ixi>-. 
30).  (Kein,  Daa  CrimiiKdrtcht  der  S9mer, 
pp.  37, 308,  Bie,  915 ;  Rudorff,  SBmitcAt  Btchti- 
gcKKichU,  il.  325,  note  1 ;  Voigt,  ZwOlf  Tafcln, 
ii.  §  133.)  [E:  a.  W.] 

TALUS  (IcrrpctraAoi),  the  name  of  a  bone 
in  the  liind  leg  of  claren-footed  snimala  which 
articolatei  with  tbe  tibia  and  help*  to  form  the 
ankle-joint  {Arietot,  Hitt.  An.  iL  1,  §  34).  In  the 
language  of  aontomlita  it  la  ititl  called  aitra- 
galta ;  the  Engliih  name  la  aometimei  "  bnclile- 
bone,"  but  more  commonly  "knuckle-bone" 
(Oerm.  SnBdul)-  The  agtrvgali  of  aheep  and 
goats,  from  their  peculiar  aqnareaosa  aad  imooth- 
neu,  have  been  nied  as  playthinga  from  tbe 
carlieat  times,  nnd  have  often  been  found  iu 
Greek  and  Roman  tombt,  both  natural  and 
imitated  In  iTory,  bronie,  glais,  and  agate 
(Propert.  iii.  24,  13;  Mart.  liT.  14;  Ficorooi, 
Tar.  2).  Thoie  of  the  antelope  {iopKiitioi) 
were  aonght  as  objectf  of  elegance  and  cariosity 
(Tbeophr.  CAar.  5 ;  Athen.  t.  p.  193  f>.  They 
were  nied  to  play  with,  principally  by  women 
and  children  (Pint.  Aldb.  2),  occsiionally  by 
old  men  (Cic  de  Sen.  IS,  S  58).  A  painting  b; 
Aleiander  of  Atheos,  found  at  Resiua,  repnaenta 
two  women  occnpied  with  this  game.  One  of 
them,  having  thrown  the  bones  upwards  into 
the  air,  hns  caught  three  of  them  on  the  back 
of  her  hand  (_AfH  iTEn.  i.  Uf.  1).  See  the  fol- 
lowing woodcut,  and  comi>are  the  account  of  the 


TALUS 


769 


TalL    (From  a  palnUog  at  HercnUHnm.) 

game  in  Potlui  (ii.  99>  Polygnotos  executed 
■  similar  work  at  Delphi,  repreaenting  the  two 
daughters  of  Pandanu  thus  employed  (irwfavirai 
i<rri„rril>Jiu,  Pant.  i.  30,  §  1).  But  ■  much 
more  celebrated  prodnction  was  the  group  of 
two  naked  boy*,  eiecnted  in  bronie  b;  Poly- 


cletus,  and  called  the  AilragalizonUt  (Ptin. 
a.  X.  iiiir.  S  55).  A  fractured  marble  group 
of  the  same  kind,  preserved  in  the  British 
Huaenm,  exhibit*  one  of  the  twc  boya  in  the 
act  of  biting  the  arm  of  his  playfellow,  ao  as  to 
present  a  lively  illustration  of  the  account  in 
Homer  of  the  fatal  quarrel  of  Patrocln*  {II. 
iiili.  87,  SB).  To  play  at  this  game  wiu  (ome- 
times  called  wtrreXial^iu-,  because  five  bonea  or 
other  objects  of  a  similar  kind  were  employed 
(PoUni,  ;.c.;  Hermlpp. /r.  33  M.);  and  this 
number  is  retained  among  ouraelvea.  This  game 
was  enlirely  one  of  skill ;  and  In  ancient  uo  less 
than  in  modem  times,  it  eonsistrd  not  merely  in 
catching  the  five  bones  on  the  bock  of  the  hand, 
ai  shown  in  the  woodcut,  but  in  a  great  variety 
of  eiereisea  requiring  qnickness,  agility,  and 
accuracy  of  sight. 

The  name  was  also  given  to  dice  for  playing 
games  of  chance  [Ai.£a];  rt  6nt,  no  doubt, 
merely  the  natural  bones  marked  with  pips, 
afterwards  of  a  conventional  shape  reprodndng 
the  pecnIiaTities  of  the  knuckle-bone.  Tbe 
length  was  greater  than  the  breadth,  lo  that 
they  had  four  long  sides  and  two  piduted  ends, 
one  of  them  called  ntpaia  (Ariitot.  I.  c),  the 
other  without  a  name.  Of  the  four  long  sides, 
which  alone  were  marked,  two  were  broader, 
the  others  narrower.  One  of  the  brondiide*  wa* 
convex  {wpiirii!  or  wpar^t),  the  other  concave 
(frrln) ;  while  of  tbe  narrow  aides  one  was  flat 
and  called  x^"!  the  other  indented.  This  wai 
called  jc^v,  and  aa  the  rarest  waa  also  tbe  luck- 
iest throw,  marked  6:  the  x'"^'*  marked  1, 
the  broader  sides  3  and  4,  so  that  tbe  nnmben 
2  and  5  were  wanting.  From  the  difference  of 
their  ahapea  they  did  not  abaolutely  require  to 
be  marked,  and  sometimes  the  pipe  were  di»- 
pensed  with  (Poll.  ii.  99,  ri  31  irxni^  voTt  meri 
Tit  ivT^JtyiAor  rrdfiaroi  ipiBiiai  M{iv  tlx")- 
It  was  tbe  under  side  of  tbe  die,  not  the  upper, 
that  counted,  aa  i>-ist  ba  inferred  from  the  fact 
of  the  narrowest  side  giving  the  highest  throw 
(Marquardt,  Privatl.  82B> 

The  Greek  and  Latin  names  of  the  numbets 

ere  aa  follows  (Pollux,  I.e. ;  EnsUth.  tii  Horn. 

.  ixtii.  861  Saet.  Avg.  71;  Mart.  liii.  1,  e) : 

1.  Msrdi,  fTi,  nitiK,  Xlbi  (Bmnck,  Anid.  i. 
35,242);  2.  Ion,  OXrn:  Unto,  Foihinui,  caitii 
(Propert.  v.  (iv.)  8,  *5;  Ovid,  A.  A.  ii.  206, 
TVirt.  ii.  473);  3.  TmJi;  Tenia;  4.  Trrp.lt: 
Quaientio  ;  S.  'Ef^b,  JflTqi,  K^f :  Satio. 

As  the  bone  is  broader  in  one  di.oction  than  in 
the  other,  it  waa  aaid  to  fall  upright  or  prona 
iipthi  4  Tfnir^r,  rectus  out  prontu),  according  as 
it  rested  on  a  narrow  or  a  broad  side  [  Pint.  Qaatti. 
Sj/mpoi.  y.  9,  p.  6B0a;  Cic.  ifefrtt.  iii.  16,§  54). 

Two  person*  played  together  at  this  game, 
using  four  bones,  which  they  threw  up  into  the 
air,  or  emptied  out  of  a  dica-bsi  [Fnirnj-na} 
The  numbera  on  tbe  fonr  side*  of  the  roar  bone*  i 

admitted  of  thirty-Rve   different  comhinationa.  ' 

'"     lowest  throw  of  all  was  fonr  acei  (jocit  j 

■ioi  quahicr.  Plant.  Cure.  ii.  3,  78).     But  | 

the  value  of  a  throw  (fii\oi,  jacha)  waa  not  in  i 

II  case*  the  sum  of  tbe  four  numbera  turned 
ip.   Tbe  highest  in  value  was  that  called  Fenua,  I 

or  jaclia  Vmennu  (Plant.  Ann,  v.  2,  55  ;  Cic. 
dt  Div.  ii.  59,  g  121 ;  Proper" ,  Snet.  II.  ce.\  in 
which   the  nnmben  cast  up  were  ail  different  i 

(Mart.  xiv.  14),  the  sum  of  them  being  only  . 

fonrteen.    It  waa  \ij  obtaining  thi*  throw  that  I 


•60 


TAMIAS 


TAMIAS 


the  king  of  the  feast  was  appointed  among  the 
Romnu^t  (Hor.  Cann,  i.  4,  18;  ii.  7,  25)  [Sym- 
TOSIUm],  and  hence  it  was  called  Basilicus  (Plant. 
Cure.  ii.  3,  80).  Certain  other  throws  were 
called  by  particular  names,  taken  from  gods, 
illustrious  men  and  women,  and  heroes.  Thus 
the  throw,  connisting  of  two  aces  and  two  trays, 
makinj;  eight,  was  denominated  Stesichorus,  A 
multitude  of  these  names  of  throws  are  given  by 
Pollux  (vii.  204  ff.),  who  quotas  the  following 
lines  from  the  KvjScirrol  of  Cubulus  (/r.  57  M.) : — 

Kci^pMTOV.  ifp6«t  a^'  vWp^oAAor  inS&w, 

Klj|pVKO«t  CV&UfMtV,  KWun^t  opTlO, 

Aoucwivf ,  ayrircvxof  •  'ApYcioc*  ZnKvmVt 
Ti/ii^p4TOfi,  cAActirwi't  «vaAtn|t,  iwiBrrott 
it^oAAmv*  ayvpn}$,  ot<rrpo«i  aFoca^irrwv,  Aopcvft 
Ao^irwi*,  KvxAwirct,  iat^pttv,  X6\»op,  Zt|u»v. 

The  number  of  names  far  exceeds  that  of  possible 
throws,  so  that  some  must  hare  been  identical. 
When  the  object  was  simply  to  throw  the  highest 
numbers,  the  game  was  called  irKturrofioKivBa 
(Pollux,  ix.  117).  Before  a  person  threw  the 
tali,  he  oflen  invoked  either  a  god  or  hismisti*ess 
(Plant.  Capt.  i.  1,  5 ;  Cure,  ii.  3,  77-79).  These 
bones,  marked  and  thrown  as  above  described, 
were  also  used  in  divination  (Suet.  Tib.  14). 

For  the  cubical  die  marked  on  all  six  sides, 
see  Tessi^ra  (Eustath.  ad  IL  xxiii.  87,  p.  1397 ; 
Beoq  de  Fouqui^res,  Jeux  dcs  Ancietis,  ed.  2, 
pp.  325-356  ;  Marquardt,  Frivatl.  826  ff.) 

[J.  Y.]    [W.W.] 

TA'MIAS  (jafiitu)  was  a  name  given  to  any 
person  who  had  the  care,  management,  or  di»- 
[)ensing  of  money,  stock,  or  property  of  any  de- 
scription, cunBded  to  him,  as  a  steward,  butler, 
housekeeper,  storehousekceper,  or  treasurer.  The 
word  is  ap|)lied  metaphorically  in  a  variety  of 
ways.  But  the  rofilcu  who  will  fall  under  our 
notice  in  this  article,  are  more  especially  the 
treasurers  of  the  temples  and  the  revenues  of 
different  Greek  states. 

The  name  and  office  of  rofiiai  occur  in  inscrip- 
tions throughout  the  Grecian  world.  One  of  the 
duties  most  commonly  assigned  to  them  was 
that  of  paying  the  expenses  of  public  sacrifices ; 
they  are  likewise  mentioned  as  responsible  fur 
payments  for  the  setting  up  of  pillars  with 
inscriptions,  for  honorary  crowns,  for  the  enter- 
tainment of  foreign  ambassadors  and  the  salaries 
of  those  sent  out  for  contracts  for  leases  on  be- 
half of  the  state,  for  lending  at  interest  on  its 
account,  &c.  (See  lists  of  towns  and  inscri])tions, 
mostly  from  Dittenberger,  in  Gilbert,  Staats- 
alterth,  ii.  334,  and  the  Index.) 

In  ancient  times  every  temjile  of  any  im- 
portance had  property  belonging  to  it,  besivles 
its  furniture  and  ornaments;  and  a  treasury 
where  such  property  was  kept.  Lands  were 
attached  to  the  temple,  from  which  rents  ac- 
crued ;  fines  were  made  payable  to  the  god ; 
trophies  and  other  valuables  were  dedicated  to 
him  by  the  public ;  and  various  sacred  offerings 
were  made  by  individuals.  The  wealthiest  of 
all  the  temples  at  Athens  was  that  of  Athena  in 
the  Acropolis,  in  which  were  kept  the  spoils 
taken  from  the  Persians  (r&  Apio-rfTa  r%s 
it6\tms\  be-sides  magnificent  statues,  painting, 
and  other  works  of  art  (Dem.  o.  Tinwcr,  741, 
§  129).  To  the  goddess  large  fines  were  spe- 
cially appropriated  by  the  law  or  given  by 
decree   of   the    courts  or   the   assembly ;   and 


besides  this  she  received  a  tenth  of  nil  the  6nei 
that  went  to  the  state,  a  tenth  of  all  confisca- 
tions and  prizes  taken  in  war,  a  sixtieth  of  the 
tribute  paid  by  the  subject-allies  ^Hellexo- 
TAMIAE*).  Her  treasurers  were  called  rc^fai 
rwv  UffSv  xf'Vf^'rotv  r^f  'A$7iyedas  (C.  L  A.i. 
117  ff.,  188),  or  shortly,  rofUeu  rris  Ocov  {ih.  i. 
324,  &c.),  and  rofilat  ray  ryjs  dtov  {See-Vrh. 
p.  465;  C,  I.  A.  ii.  612,  iiC.\  even  simply 
TOfilat  (A.  i.  273,  299).  They  appear  to  have 
existed  from  an  early  period.  Herodotus  (riii. 
51,  53)  relates  that  the  rcL/itat  rov  Upov  with  a 
few  other  men  awaited  the  attack  of  Xerxei 
upon  the  Acropolis,  and  perished  in  its  defence. 
They  were  ten  in  number,  chosen  annoally  by 
lot  from  the  class  of  Pentacosiomedimni,  and 
afterwards,  when  the  distinction  of  classes  had 
ceased  to  exist,  from  among  the  wealthiest  of 
Athenian  citizens  (Harpocr.  and  Suid.,  s.  r. 
Tofilat:  Poll.  viii.  97 ;  C.  L  A,  i.  32,  299). 

In  early  times  there  seem  to  have  been  s« 
many  boards  of  rafdai  as  there  were  temples ; 
but  in  the  archonship  of  Antilochides,  435-4  B.C., 
they  were  all  united  into  one  board  (probablr 
also  of  ten  members),  the  rofJai  rwr  &XX«r 
0f&v:  while  those  of  Pallas  still  remained  dit- 
tinct  (C.  /.  A.  i.  32,  194).  Their  treasury  ws* 
at  this  time  transferred  to  the  same  place  ai 
that  of  Athena,  to  the  Opisthodomos  of  the  Par- 
thenon, where  the  state-treasures  were  sl>o 
kept  (Aristoph.  Plut.  1193).  In  the  archonship 
of  Eucleides  (B.C.  403),  or  soon  after,  these  two 
boards  were  consolidated  into  one,  now  called  m 
TOfilat  rAy  hpuv  XP^'^''*^^  ^'  'A^ipnias  irol 
rwy  eExx«y  etwy  (C.  /.  A.  ii.  2,  642  ff.).  After 
a  few  years  —the  date  is  fixed  by  inscription!  at 
between  390-385  n.C.  (Gilbert,  i.  236  n.)-th«r 
were  again  separated,  and  in  the  time  of^  Demo- 
sthenes we  find  the  two  bodies  of  ri^iicu  still 
subsisting,  ol  r&v  rqr  dtov  and  o/  tAw  iKXmf 
$§&v  (Dem.  c.  Ti/nocr.  p.  743,  §  136). 

All  the  funds  of  the  state  were  considered  m 
being  in  a  manner  consecrated  to  Palhis ;  while 
on  the  other  hand  the  people  reserved  to  them- 
selves the  right  of  making  nie  of  the  sacred 
monies,  as  well  as  the  other  property  of  the 
temples,  if  the  safety  of  the  stAte  should  reqoire 
it  (Thucyd.  ii.  13).  It  is  to  be  observed  that, 
though  the  state-treasure  (Seta  x^/'"'")  ^^^ 
the  sacred  treasure  (Up^  xp^M'"''^  ^^^  ^^V^  ^'^^ 
security  in  the  same  place,  the  0|Msthodomos, 
they  were  always  under  distinct  management. 
On  this  point  the  statement  of  Boeckfa  (P>  i» 
p.  164=Sthh.*  i.  200X  that  the  rattloi  r^s  9fov 
were  the  common  treasurers  of  both  funds,  re- 
quires correction  from  the  researches  of  Kirchhoff 
{Abh.  rf.  Jicrl.  Akad.  1876 ;  Frtokel,  n.  268  on 
Boeckh).  In  the  fifth  century  the  stote  tressore 
was  in  the  custody  of  the  Hellenotamise ;  the 
rofitat  rrit  9fov,  and  thoae  of  the  other  gods, 
drew  from  the  sacred  treasure  what  vas  re- 
quired for  religious  purposes,  of  oourK  oo  their 
own  resjionsibility ;  and  they  advanced  money 
out  of  it  to  the  state,  in  the  form  of  losu  bear- 
ing interest  (C.  /.  A.  i.  273),  though  in  hsrJ 
times  the  repayment  was  often  delayed.  After 
the  Peloponnesian  war  there  must  hare  been  for 
a  long  time  little  or  no  resen-e  in  the  state 
treasury,  and  no  special  provision  for  its  custody 
was  wanted.  . 

Payments  made  to  the  templet  were  received 
by  the  treasurers  in  the  presence  of  some  mem- 


TAMIAS 

bcra  of  the  senate,  just  as  public  monies  were 
by  the  Apodectae ;  and  then  the  treasurers  be- 
came  responsible  for  their  safe  custody.  They 
had  no  discretionary  power  of  dealing  with  the 
treasure  committed  to  their  care ;  it  was  by  a 
special  decree  that  Androtion  obtained  authority 
to  melt  down  the  golden  crowns  (Dem.  c.  Androt 
p.  615,  §  70);  and  if  the  story  is  true  that  they 
once  lent  money  to  the  bankers  fur  their  own 
profit  (Schol.  ad  Dem.  c.  Ttmocr,  p.  743,  §  13H), 
it  was  an  act  of  eml)ezzlement.  As  to  fines,  see 
Ei'iBOLE,  pRACrORES;  and  on  the  whole  of  this 
subject,  Boeckh,  bk.  it.  ch.  5. 

The  treasurer  of  the  revenue,  retfjilas  or  iiri- 
ftcAi|T^f  rrjs  jrounjr  wpoaSSoVf  was  a  more  im- 
jwrtant  ])ersonnge  than  those  last  mentioned. 
He  was  not  a  mere  keeper  of  monies,  like  them, 
nor  a  mere  receiver,  like  the  Apodectae ;  but  a 
general  paymsister,  who  received  through  the 
Apodectae  all  money  which  was  to  be  disbursed 
for  the  purposes  of  the  administration  (except 
the  propeily-tazes  which  were  paid  into  the 
war-office,  and  the  tribute  from  the  allies,  which 
was  at  first  \md  to  the  Hellenotamiae,  and  after- 
wards to  other  persons  hereafter  mentioned),  and 
then  distributed  it  in  such  manner  as  he  was  re- 
quired to  do  by  the  law :  the  surplus  (if  any)  he 
paid  into  the  war-office  or  the  Theoric  fund.  As 
this  person  knew  all  the  channels  in  which  the 
public  money  had  to  flow,  and  exercised  a  general 
superintendence  over  the  expenditure,  he  was 
competent  to  give  advice  to  the  people  upon 
financial  measures,  with  a  view  to  improve  the 
revenue,  introduce  economy,  and  prevent  abuses. 
He  is  variously  called  rofilas  rris  icouf^s  xpo<r6liov 
(Decret.  ap,  Ps.-Plut.  VUt.  X,  Oratt,  p.  852  B; 
ID  p.  841  B  it  is  simply  rofiieu),  or  r&v  koiv&v 
irpoer^ivtf  (Pint.  Arist,  4),  or  6  iw\  r^t  Stotir^- 
(Tcevf  (spurious  decrees,  ap.  Dem.  de  Cor,  p.  238, 
§  38,  p.  26.5,  §  115),  or  more  usually  6  M  rf, 
biouc^ffft :  this  last  appears  to  have  been  the 
official  title  (see  Inscrr.  in  Gilbert,  i.  233  n.) : 
and  was  the  nearest  approach  that  Athenian 
institutions  admitted  to  a  modern  finance 
minister  or  "  Chancellor  of  the  Exchequer."  To 
him  Aristophanes  refers  in  Eq.  948.  He  was 
elected  by  x' tporoF^o,  and  held  his  office  for  four 
yean;  but  was  capable  of  being  re-elected.  A 
law,  however,  was  passed  during  the  administra- 
tion of  Lyi'urgus,  prohibiting  re-election  (  VUt. 
X.  Oratt.  p.  841  C);  so  that  Lycurgus,  who  is 
reported  to  have  continued  in  office  for  twelve 
years,  must  have  held  it  for  the  last  eight  years 
under  the  names  of  other  persons.  On  the 
financial  career  of  Lycurgus,  see  Mahaffy,  Gr. 
Lit.  ii.  3GG.  The  power  of  this  officer  was  by 
no  means  free  from  control;  inasmuch  as  any 
individual  was  at  liberty  to  propose  financial 
measures,  or  institute  criminal  proceedings  for 
malversation  or  waste  of  the  public  funds  ;  and 
there  was  an  ktrrtypap^hi  r^i  8ioifc^Tf«r  a{)- 
|M>inted  to  check  the  accounts  of  his  superior. 
On  the  vopioTol  who  at  one  time  assisted  him  in 
his  duties, see  Antiph.  de  Chor. § 49 ;  Aristoph.  Ran. 
1505;  Friinkel,  n.  273  on  Boeckh.    [Poristae.] 

The  money  disbursed  by  the  treasurer  of  the 
revenue  was  sometimes  paid  directly  to  the 
various  persons  in  the  employ  of  the  govern- 
ment, sometimes  through  subordinate  pay  offices. 
Many  public  functionaries  had  their  own  pay- 
masters, who  were  dependent  on  the  rafdas  rris 
itoo9^ovy  receiving  their  funds  from  him,  and 


TAPETE 


then  distributing  them  in  their  respective  de- 
partments. Such  were  the  rpiijpojrotor,  rci. 
Xoiroto/,  iZowoioij  Toppoxotoif  ixi/ji€\riT<d  vtot- 
piup,  who  received  through  their  own  rofiiat 
such  sums  as  they  required  from  time  to  time 
for  the  prosecution  of  their  works.  The  pay- 
ment of  the  judiiial  fees  (jSucaffTUchv)  was  made 
by  the  tcvXcucp^rca.  [Colacretak.]  The  TOfilai 
of  the  sacred  vessels,  rrjs  UapdKov  and  ttjs  lEa- 
AajbiiWas,  acted  not  only  as  treasurers,  but  as 
trierarchs ;  the  expenses  (amounting  for  the  two 
ships  together  to  about  sixteen  talents)  being 
provided  by  the  state.  They  were  elected  by 
XfipoTovla  (Demcsth.  c.  Mid.  p.  570,  §  171 ; 
Pollux,  viii.  116).  Other  trierarchs  had  their 
own  private  rofJoi,  for  the  keeping  of  accounts 
and  better  di^ipatch  of  business  (Boeckh,  P.  E. 
bk.  ii.  ch.  6 ;  Schomann,  Antiq.  Jw.  Fvbl.  pp. 
250,  312). 

The  duties  of  the  * ZKKrivor aidai  are  spoken  of 
in  a  separate  ai-ticle.    [Hellenotamiae.] 

The  war  fund  at  Athens  (independently  of  the 
tribute)  was  provided  from  two  sources :  1st, 
the  property-tax  [Eisphora],  and  2ndly,  the 
surplus  of  the  yearly  revenue,  which  remained 
after  defraying  the  expenses  of  the  civil  admin- 
istration, rk  irtpi6yra  -xj^iukra  rr^s  Siour^acwr 
([Dem.]  c.  Neaer.  p.  i:U6,  §  4).  They  had 
under  them  a  treasurer,  called  rofdas  rwy  (TTpa- 
rKarucwvy  who  gave  out  the  pay  of  the  troops, 
and  defrayed  all  other  expenses  incident  to  the 
service.  Demosthenes,  perhaps  on  account  of 
some  abuses  which  had  sprung  up,  recommended 
that  the  generals  should  have  nothing  to  do 
with  the  militsiry  fund,  but  that  this  should  be 
placed  under  the  care  of  special  officers,  rafiiai 
fcal  8i}/iJ<rioi,  who  should  be  accountable  for  its 
proper  application:  rhv  ftkv  r&y  xF^y^"^^* 
Kiyov  wapk  rovruu  KafifidyuVf  rhv  Bh  rtiv  (pyvy 
wapit  rod  irrparriyov  {de  Cherson,  p.  101,  §  47). 
The  notion  of  Boeckh  {P.  E.  p.  181  =  Stkh.*  i. 
223),  Meier  (in  Att.  Process},  and  SchOmanu 
{Ant.  Jw.  PttW.  p.  252,  n.  7),  that  one  of  the 
Strategi  was  called  crpartrf^s  6  ^irl  rjfs  Stoiir^- 
(rew5,  is  now  rejected  (FrSnkel,  n.  322  on  Boeckh ; 
Lipsius,  Att.  Process,  p.  120,  n.  243).  No  such 
phrase  occurs  among  the  special  titles  of  Strategi 
gathered  from  inscriptions  by  Gilbert  {StaatS' 
alterth.  i.  221  f.). 

So  much  of  the  surplus  revenue  as  was  not 
required  for  the  purposes  of  war,  was  to  be  paid 
by  the  trea&urer  of  the  revenue  into  the  Theoric 
fund ;  of  which,  aflei'  the  Archonship  of  Euclides, 
special  managers  were  created.     [Throrica.] 

Lastly,  we  have  to  notice  the  treasurers  of 
the  demi,  JHiyMV  rofiiai,  and  those  of  the  tribes, 
0v\wy  rafilat,  who  had  the  care  of  the  funds 
belonging  to  their  respective  communities,  and 
performed  duties  analogous  to  those  of  the 
state  treasurers.  The  demi,  as  well  as  the 
tribes,  had  their  common  lands,  which  were 
usually  let  to  farm.  The  rents  of  these  formed 
the  principal  part  of  their  revenue.  ^dXMpxot, 
Zllfiapxoh  and  other  local  functionaries  were 
appointed  for  various  purposes ;  but  with  respect 
to  their  internal  economy  we  have  but  scanty 
information.  (Schumann,  Assemblies^  pp.  371- 
378  =  349-355  tr.  Paley ;  Ant.  Jw.  Publ. 
pp.  203,  204.)  [C.  R.  K.]    [W.  W.] 

TAPE'TE  (rciinif,  rdvu,  or  S^ris)*  a  piece  of 
tapestry,  a  carpet. 

The  use  of  tapestry  was  in  very  ancient  times 


762 


TAPBTE 


characteristic  of  Oriental  rather  than  of  Euro- 
pean habits  (Athen.  ii.  p.  48  n) ;  we  find  that 
the  Asiatics,  and  also  the  Carthaginians,  who 
were  of  Asiatic  origin,  and  the  Egyptians,  ex- 
celled in  the  mann^ctare  of  carpets,  displayed 
them  on  festivals  and  other  public  occasions, 
and  gave  them  as  presents  to  their  friends  (Xen. 
Anab.  vii.  3,  §  18,  27).     They  were  nevertheless 
used  by  the  Greeks  as  early  as  the  age  of  Homer, 
sometimes  as   pillows,   sometimes  as   coverlets 
(/7.  X.  156  ;  xvi.  224 ;  xxiv.  230,  645  ;—0<L  iv. 
298 ;  vii.  337),  and  by  some  of  the  later  Roman 
emperors  they  were  given  as   presents  to  the 
combatants    at   the    Circefisian  Games  (Sidon. 
Apoll.   Curm.  xxiii.  427).   *The  places  most  re- 
nowned  for    the    manufacture    were    Babylon 
(Arrian,  Exped.  Alex.  vi.  29,  §  5 ;  Sidon.  Apoll. 
Epist.   ix.    13),  Tyre  and  Sidon  (Heliodor.   v. 
p.  252,  ed.  Commelin.),  Sardes  (Athen.  ii.  p.  48  b, 
vi.  p.  255  e,  xii.  p.  514  c ;  Non.  Marcell.  p.  542), 
Miletus  (Aristoph.  Ban,  542),  Alexandria  (Plant. 
Psevd.  i.  2,  13),  Carthage  (Athen.  i.  p.  28  a), 
and  Corinth  (Id.  i.  p.  27  d).     In   reference  to 
the  texture,  these  articles  were  distinguished  as 
those,  which  were  light  and  thin  with  but  little 
nap,  chiefly  made  at  Sardes   and   called  i/^tAo- 
rclirtScs  (Athen.  vi.  p.  255  e,  xii.  p.  514  c;  Diog. 
LaSrt.   V.  72),  and   those  in   which    the    nap 
QioXkbs)  was  more  abundant,  and  which  were 
soft    and   woolly  (oh\ot,   Hom.   //.   xvi.   224; 
fuOCoKov  iplout,  Od.  iv.  124).     The  thicker  and 
more  expensive  kinds  (jiaWurol)  resembled  our 
baize  or  drugget,  or  even  our  soft  and  warm 
blankets,   and   were   of   two   sorts,  viz.   those 
which  had   the   nap  on  one  side   only  (^cp^- 
fxaXXoi),  and  those  which  had  it  on  both  sides, 
called    iLfufplrairoi    (Athen.    v.    p.    197   b,    vi. 
p.  255  e ;  Diog.  LaSrt.  v.  72,  73),  amphitapae 
(Non.  Marcell.  p.  540 ;  Lucil.  Sat  i.  p.  188,  ed. 
Bip.),  or  i/A^irdiriTrcf  (Eustath.  in  Hom.  //.  ix. 
200),  and  also  iLfJi^tfiaXkoi  or  canphimalla  (Plin. 
H.  N,  viii.  §  193).     They  were  frequently  of 
splendid   col  out's,  being  dyed  either  with  the 
kermes  (Hor.  Sat  ii.  6,  102-lOti)  or  with  the 
murex  (conchyliatOj  a\oupyfiSf  aKnrop^6poi)f  and 
having  figures,  especially  hunting-pieces,  woven 
into  them  (Sidon.  Apoll.  L  c. :  Plant.  Paevd,  i. 
2,  14;  Stick,  ii.  2,  54;  Lucret.  ii.  35;  Oribas.  ii. 
p.  310,  ed.  Daremberg).    These  fine  specimens 
of  tapestry  were  spread  upon  thrones  or  chairs, 
and  upon  benches,  couches,  or  sofas,  at  enter- 
tainments (Hom.   n,  ix.  200,   Od,  iv.  124,  xx. 
150;  Verg.  Aen,  i.  639,  697-700;  Ovid,  MH, 
xiii.  638 ;  Cic.  Tusc,  v.  21,  61 ;  Lbgtds),  more 
especially  at  the  nuptials  of  persons  of  distinc- 
tion.    Catullus  (Ixiv.  47-220)  represents  one  to 
have   been   so  employed,   which  exhibited   the 
whole  story  of  Theseus  and  Ariadne.    They  were 
also  used  to  sleep  upon  (Hom.  //.  x.  156  ;  Anac. 
viii.  1,  2;  Theocr.  xv.  125;  Aristoph.  Plut  540; 
Yerg.  Aen,  ix.  325,  358),  and  for  the  clothing  of 
horses  {Aen,  vii.  277).    The  tapestry  used  to 
decorate  the  bier  and  catafalque  at  the  Apothb* 
OSIS  of  a  Roman  emperor  was  interwoven  with 
gold  (Herodian,  iv.  2,  p.  82,  ed.  Bekker).    The 
Orientals  upon  occasions  of  state  and  ceremony 
spread  carpets  both  over  their  floors  and  apon 
the  ground  (Aeschyl.  Agam,  910-960 ;  Athen. 
iv.  p.   131  b,  xii.  p.  514  c).     [For   the   use  of 
tapestry  or  Persian   carpets   as   wall-hangings, 
portieres,  &c.,  see  Aulaea.] 

The  toraiia  (valances,   cf.   Lectub,  p.  19  a) 


TAUBOBOLIUM 

were  sometimes  s^menUUaef  i.e.  either  patch- 
work, or  ornamented  with  **appliqui*  work, 
pieces  of  tapestry  or  of  embroidery  in  gold  and 
colours  sewn  upon  the  toral  (or  vesUs)  in  differ- 
ent  shapes,  as  squares,  rounds  or  stripes  (Jur. 
vi.  89),  and  frequently  in  Arval  inscriptions  (see 
Marquardt,  Privatl,  548).  Tertullian  call*  the 
process  **  vestes  purpura  ocidare  "  (de  Pud.  8). 

Besides  the  terms  which  have  now  been  ex- 
plained, the  same  articles  of  domestic  fomitnre 
had  denominations  arising   from  the  mode  of 
using   them,   either    in    the  TRicmNiUM   (tri- 
cliniaria  Babylonica,  Plin.  /T.  N,  viii.  48,  §  196) 
or  in  the  CUBICULUM  (cubiadaria  polymUOj  Mart, 
xiv.   150),   and   especially  from    the    consstant 
practice  of  spreading  them  out  (textile  strofju^ 
lum,  Cic.  Tuac,  v.  21,  61 ;  testis  stragwla^  Liv. 
XXX iv.  7  ;  Hor.  Sat,  ii.  3,  118 ;  arp^/xtmLf  Plut. 
Lycurg,  p.  86 ;  Athen.  iv.  p.  142  a,  arpAfiara^ 
ii.  p.  ^  d).    The  Greek  term  peristroma,  which 
was  transferred  into  the  Latin  (Diog.  LaSrt.  /.  r.  ; 
Plant.  Stick,  ii.  2,  54;  Qc  PkU,  ii.  27,  167), 
had  probably  the  special  signification  of  valance 
or  drapery  round  the  sides  of  the  couch  :  the 
distinction  is  marked  in  Athen.  ii.  p.  48  c  (cf.  v. 
p.  197  b),  and  a  representation  of  such  jjcri- 
stromata  on  a  funeral  couch  may  be  seen  under 
FUNUS,  Vol.  I.  p.  890.     Its  meaning  therefore 
is  much  the  same  as  that  of  torai,  but  it  proKably 
included  (as  indeed  toral  may  have  done)  cover- 
lets so  large  that  the;  not  only  covered   the 
couch,  as  orrpAfiaTa,  but  also  bung  down  in 
drapery  (Becker-G5ll,  CharUdes,  ii.  77;    Mar- 
quardt, Privatl.  586 ;  Semper,  der  Stil.  p.  258). 
The  word  plagtUae  is  sometimes  uied  as  equiva- 
lent to  stragula  or  trrpAfutra,  but  usually  meana 
a  curtain  [see  Lbctica].       [J.  T.]     [G.  E.  M.] 
TAPHUS  (Tet^f).    [Sepulcbum.] 
TABENTrNI  LUDL  [Ludi  Sabcitiares.] 
TARRHUS  ira^pSs).    [Navis,  p.  224.] 
TAU'RIA,  a  name  given  to  the  festival  of 
Poseidon  at  Ephesus,  in  which  those  ministering 
were   called   ravpot  (Hesych.  a.  v, ;    Athen.   x. 
p.  425  c ;  Artemid.  Oneir.  i,  5).  p-.  S.] 

TAU'RII  LUDI.  [Ludi  Taubii.] 
TAUROB(yLIUM.  This  rite  was  intro- 
duced at  Rome  when  the  worship  of  Syrian  and 
Persian  deities  was  established  or  extended  there 
under  the  Antonines  (Capitol.  M,  Ant.  Pkil.  13 ; 
Gibbon,  Rom.  Emp.  ii.  265),  and  especially  that 
of  Mithras,  the  Persian  sun-god,  which  lasted 
down  to  the  end  of  the  third  century  (Lamprid. 
Comm.  9 ;  Hieronym.  Ep,  57,  vol.  iv.  2,  p.  591), 
and  of  Cybele  in  its  later  development  [compare 
Meqalesia].  a  temple  of  the  Magna  Mater 
where  these  rites  of  tayrMlivm  were  celebrated 
stood  on  the  Vatican,  and  a  portion  of  St.  Peter's 
is  built  over  iU  site  (C.  /.  L,  vi.  494-5M) : 
a  Mithraeum  or  temple  of  Mithras  stood  in  the 
Campus  on  the  edge  of  the  seventh  region  and 
the  Fid  lata  (ib.  749-754);  another  on  the 
Esquiline  (ib.  748)';  others  in  different  parts  of 
Italy,  as  Ostia  (Burn,  Rome  and  Campagna^  371). 
Priesthoods  were  established  with  elaborate 
grades  and  strange  titles,  icipuKts,  icpi^iotj  Ironef, 
leaenae,  ^Aio8pO|ioc,  patres  (Hieronym.  L  c.\ 
Tertull.  de  Cor^  15).  Whether  this  worship  was 
coloured  by  an  engrailing  of  a  perverted  Chris- 
tianity, it  is  not  our  purpose  here  to  inquire 
(see  Tertull.  de  Praescr.  ffaeret  40;  Mat  em. 
27,  8;  Pressens^,  ffist,  des  Trots  Premiers 
SikleSf  ii.  2,  pp.  12-20).    A  special  feature  of 


TAXIARCHI 


TEGULA 


76S 


theM  mysteries  was  the  baptism  of  blood  from  a 
slaughtered  bull  or  ram  {tauroboiium  or  crio' 
boiittm),  which  was  supposed  to  regenerate  those 
who  were  so  sprinkled.  In  the  reign  of  Julian 
persons  of  the  highest  rank  and  the  great  priest- 
hoods of  the  state  participated  [SACKKDoe, 
p.  5763.  We  find  a  description  of  the  ceremonies 
in  Prudent.  Peristeph,  x.  1011-1050 :  the  per- 
sons who  were  to  be  so  consecrated  to  regenera- 
tion, wearing  the  nutra  with  a  golden  circlet  and 
the  cinctus  OabimUf '  were  placed  beneath  a 
platform  upon  which  a  bull  or  ram  decked  with 
garlands  and  having  gilded  horns  was  slain :  the 
blood  flowing  through  the  chinks  in  the  plat- 
form streamed  oyer  those  beneath,  each  of  whom 
was  supposed  to  return  home  **taurobolio  in 
aetemum  renatus"  (C  /.  X.  vi.  510).  Nume- 
rous ancient  reliefs  represent  these  rites  (see 
cut  under  Acinaces;  Zoega,  BassireL  i.  59, 
103 ;  Baumeister,  Denkm,  p.  925).  The  votive 
altars  have  symbols  on  them :  e.g,,  on  one  found 
on  the  Vatican  and  dedicated  to  Cybele  by  a 
XV.  vir  Julius  Italicus,  A.D.  305,  is  engraved  a 
pine-tree  with  a  syrinx,  pedum,  tympana,  and  the 
heads  of  a  bull  and  ram  and  the  words  "  tauro- 
boiium percepi"  (C  I.'L.  vi.  497):  on  an  altar 
to  Mithras  of  the  year  A.D.  376,  two  pine-trees, 
under  which  respectively  are  bound  a  ram  and  a 
bull,  in  the  branches  hang  pedum,  fistulae,  and 
sbtra.  This  is  dedicated  by  Ulpius  Faventinus : 
''Augur,  pater  et  hierooeryx  Dei  soils  invicti 
Mithrae,  archibucolus  Dei  Liberi,  hierophnnta 
Hecatae,  sacerdos  Isidis,"  and  the  inscription 
concludes  with  the  lines — 

**  Vota  Faventfnus  bis  den!  swdplt  orUs 
Ut  mactet  repeteos  aurata  fhmte  biooraes," 

which  probably  means  that  the  ceremony  is  to 
be  renewed  in  twenty  rears  (t6.  504).  Espe- 
cially un-Roman  in  its  phraseology  is  one  which 
a  praefectus  urbis  dedicates,  A.D.  374,  to  Mater 
Magna,  Hermes,  and  Attis  Menotyrannus,  "  dtis 
animae  suae  mentisqne  custodibus"  (t6.  499). 
The  tcmrobolium  was  introduced  not  only  in  the 
rites  of  Mithras  and  Cybele,  but  also  in  those  of 
Venus  Caelestis  (C.  /.  X.  x.  1546).  For  further 
details,  see  Marquardt,  Staatsverw,  iii.  87  ff. ; 
Presaens^  /.  c ;  Lanciani,  Ancient  Rome^  pp.  166, 
192.  [G.  £  M.] 

TAXIARCHI  (roiro^xoO  were  military 
oflicers  at  Athens,  who  were  next  in  rank  to  the 
strategi  [Strateous].  They  were  ten  in  num- 
ber, like  the  strategi,  one  for  each  tribe,  and 
were  elected  in  the  same  way,  namely  by  xc(- 
ftnwia  (Dem.  Phil.  i.  p.  47,  §§  26,  27  ;  Pollux, 
viii.  87).  In  war  each  commanded  the  infantry 
of  his  own  tribe  (Dem.  c.  BoeoU  i.  p.  999,  §  17  ; 
Aesch.  de  fob.  Leg,  §  169),  and  they  were  some- 
times, at  any  rate,  summoned  to  the  council  of 
war  (Thucyd.  vii.  60).  In  peace  they  assisted 
the  strategi  in  levying  and  enlisting  soldiers; 
the  preparation  of  the  register  {Karakoyos)  of 
those  liable  to  service  rested  upon  the  demarchs 
for  each  deme,  and  the  taxiarchs  as  representing 
the  tribes,  under  the  strategi.  They  might  al»o 
be  called  upon  to  act  as  the  deputies  of  the 
strategi  in  military  trials  (Dem.  c.  Boeot,  1.  c). 

The  taxiarchs  were  so  called  from  their  com- 
manding Tdlcts,  which  were  the  principal  divi- 
sions of  the  hoplites  in  the  Athenian  army. 
Each  tribe  (jpvKii)  formed  a  ri({ir,  whence  we 
find  ^vA.^  used  as  synonymous  with  ri^is  (Lys. 


in,  Agorat.  §§  79, 82).  As  there  were  ten  tribes, 
there  were  consequently  in  a  complete  Athenian 
army  ten  T<f{c<5,  but  the  number  of  men  con- 
tained in  each  would  of  course  vary  according 
to  the  importance  of  the  war.  Among  the  other 
Greeks  the  r^is  was  the  name  of  a  much  smaller 
division  of  troops.  The  k6xos  among  the  Athe- 
nians was  a  subdivision  of  the  ro^ir,  and  the 
Aoxa7ol  were  probably  appointed  by  the  taxi- 
archs (SchOmann,  Ant,  Jur.Publ,  p.  253  if.). 

[W.S.]     [W.  W.] 

TAXIS  (T<i|if).      [TAXIARCHI.] 

TBOTO'BIUM  OPUS.  [Paries.] 
TEGULA  {icdpofAos,  Ktpafds),  a  tile,  made  of 
baked  clay,  yellow  or  red.  Under  the  name  of 
tegulae  are  included  (1)  wall-tiles  =  testae  or 
lateres  cacti,  so  called  to  distinguish  them  from 
the  lateres  or  sun-dried  bricks  [Later]  ;  for  the 
manner  in  which  these  were  used  in  building, 
see  MuRUS,  pp.  189,  190,  and  DoMUS,  Vol.  1. 
p.  684:  (2)  having  tiles  either  laid  simply  aa 
large  flat  tiles  1}  feet  or  2  feet  square  {tegulae 
sesqttipedalesj  bipedales,  Vitruv.  v.  10,  2  ;  Pallad. 
i.  19,  1),  or  in  small  pieces  (tesserae')  to  form 
patterns  (see  Birch,  Ancient  Pottery,  p.  478; 
Balneae,   Vol.  I.  p.  278 ;  Pictura,  p.  397) : 

i3)  flue  tiles,  either  tubi  or  tegulae  mammatae 
see  Balneae,  Vol.  I.  p.  277] :  (4)  rooHng  tiles, 
which  have  more  particularly  to  be  described  in 
this  article.  At  Rome  the  houses  were  (after 
the  period  of  the  ruder  thatch)  roofed  with 
shingles  {soand\tiae\  down  to  the  time  of  Pyrrhus, 
when  tiles  began  to  supersede  the  old  roofing 
material  (Plin.  //.  N.  xvi.  §  36 ;  Niebuhr,  Hist, 
of  Rome,  vol.  iii.  p.  559).  [For  Greek  roofs^ 
see  D0MU8,  Vol.  I.  p.  663.] 

Tiles  were  originally  made  perfectly  flat,  or 
with  nothing  more  than  the  hook  or  nozzle  under- 
neath the  upper  border,  which  fulfilled  the  pur- 
pose of  flxing  them  upon  the  rafters.  They  were 
afterwards  formed  with  a  raised  flange  on  each 
side,  as  is  shown  in  the  annexed  woodcut  repre- 
senting the  section  of  four  of  the  tiles  remaining 
at  Pompeii. 


t: 


=4fc= 


Section  ot  tiles  at  I'ompeii. 
Ornamented  fronts  of  tiles. 


Frontons  of  tiled  roof. 

In  order  that  the  lower  edge  of  any  tile  might 
overlap  the  upper  edge  of  that  which  came  next 
below  it,  its  two  sides  were  made  to  converge 
downwards.  This  is  illostrated  in  Birch  by  the 
annexed  flange-tile.  See  also  the  next  woodcut 
representing  a  tiled  roof,  from  a  part  of  which 
the  joint-tiles  are  removed  in  order  to  show  the 
overiapping  and  the  convergence  of  the  sides. 
It  was  evidently  necessary  to  cover  the  lines  of 
junction  between  the  rows  of  flat  tiles,  and  thb 


Fluige  tile  found 


CHn±.) 


157).  Thefirst  woodcut  on  pwcrJIngpBgtthowi 
the  itction  otthrtt  imbrice*  fonnd  at  Pompeii,  and 
ioijiciitci  their  positino  relntivelj  to  Ihr  tint  tiles. 
Thii  ii  also  ihovn  in  the  cut  below.  Tho  roof, 
by  tha  ciact  idaptition  of  the  broad  tegalat  aod 


the  narrow  Mtrkti  thronghoot  its  ivhole  «i 
became  like  one  tplid  ind  compcct  franieivork 
(Xen,  Mem.  iii.  I,  %1;  cwfHiffil  tegidai  im- 
briceigiu,  I'Uut.  J/Djt.  i.  2,  S8 ;  Plin.  H.  N. 
iilv.  g  159).  The  roiFi  of  joint -til »  divided 
the  riifif  into  an  equal  number  of  channels,  down 
which  the  water  deictnded  into  the  gutter 
(canalii)  to  )ie  discharged  through  openingt  made 
ID  the  lioni*  head),  the  position  nnd  «p]ieannce 
of  which  ire  ihown  id  the  woodcuts.  An  ornn- 
mentit  arrangenient  of  tiles  called  paamaceum 
H  mentioned  by  l-linj  (iiivi.  §  IW)  :  probahly 
the  lilea  were  then  temicircnlar  lod  overlapped 
like  the  feather*  in  the  tail  of  a  peacock.  ~' 
TOWS  of  flat  tiles  terminated  in  a  TariDn''lj  orna- 
mented  front,  which  rose  immediately  above  the 
cornice,  and  of  which  four  specimen!  are  afaown 
in  the  first  woodcut.  The  first  and  foorth 
pattern*  are  dnwn  from  Ulet  found  at  Pompeii, 
nnd  the  two  intermediate  from  tiles  preierved 
in  the  British  Museum  and  brought  thilher  from 
Athens.  The  liout'  heads  upon  tha  third  and 
fourth  are  perforated.  [Antbfiza.]  The  froD- 
tnni,  which  were  ranged  along  the  cornice  at 
the  lerminaiion  of  the  row*  of  joint-tiles,  were 
either  painted  or  moulded  in  various  forms. 
The  fint  woodcut  shows  three  example  of  inch 
froDtoDi,  which  belong  to  the  El^n  Collection  in 


the  British  Museum.  Thej  are  drawn  on  ■  much 
larger  scale  than  the  other  objects  in  the  smme 
woodcut.  The  invention  of  these  oniaments  ii 
ascribed  to  Butade*  of  Corinth  (Plin.  H.  X.  iiiv. 
-  IM). 

For  greater  splendour,  especially  where  tiles 
ere  to  be  uird  lu  temple-roofs  [TeNPLDIi], 
nrble  alabt  cut  like  tiles  were  used  {mar^otBif 
(ejn/uf,  Ur.  ilii.  3;  Vnl.  Hai.  L  5,  20):  the 
linn  was  aactibed  to  Byies  of  Nmo«  in  the 
ent.  B.C.  (Pauian.  v.  10,  »>  We  hear  alw 
of  bronie  and  bronze-gilt  tiles  (Plin.  I/.  A. 
I.  g  57).  For  the  conatruclion  of  ^oof^  se« 
Do>i;s,  Vol.  1.  -pp.  eeu,  683.  (Birch,  Anciffl 
FottTg,  pp.  469-*81  ;  Blumner,  TtcAaofojM,  ii. 
2e  IT. ;  UarnuaHt,  PWnilfeWa,  pp.  636  «.) 

[J.  Y.]    [G.  E.  M.] 

TEICHOPOEI  (Ti.x""«()-      A""""!    t*"* 

irious    persons   to    whom    was   entrusted    the 

anagemont  of   public   works  nt  Athens  (iwi- 

■rrdToi  ti|/ioirW  (pyiar).  were  those  whose  bo-i- 

t  WAM  to  build  and  keep  in  repair  the  public 

It  is  needless  to  obserre  how  important 

to  the  city  of  Athens  were  her  wall*  and  forti- 
licatiunt,  more  especially  the  long  walls,  which 
connected  the  upper  citywilh  the  Feiraeus.  and 
which  gara  it  the  adranlages  of  an  ikLtnd. 
These  were  miintained  at  considerable  eipen<e. 
'IhereixoirowJ  appear  to  hare  been  electad  by 
Xtipvrorla,  one  from  each  tribe,  and,  like  other 
similnr  officera,  for  a  year.  They  were  con- 
sidered  to  hold  a  magiaterisl  office  lifxi\  ""^ 
In  that  capacity  hnd  a  fiyiieria  tuiamiplini. 
Aeschines  calls  them  ^ittiItiu  tsE  luylmm 
rir  ((rjwr.  Funds  were  put  at  their  ditpoul, 
for  which  they  had  their  treuorer  (rofJai), 
dependent  on  the  treasurer  of  the  revenae 
(Aeschin.  c.  Cle>.  %  27).  They  were  liable  lo 
render  an  account  (elVwoi)  oftheir  management 
of  these  fund),  and  nlso  of  their  general  condoci, 
like  other  Msgistrates.  The  olfice  of  Ttix*raili 
has   been   intetted    with    peculiar    inttnat    in 

held  by  Demoslhenej,  and  its  baring  given 
ocdKion  to  the  famous  protecution  of  CtesipbaD, 

the  honour  of  a  rrown  before  he  had  rendered 
his  account  according  to  law.  Aa  to  the  nature 
of  the  office,  and  the  laws  thereto  relating,  we 
may  probably  rely  upon  the  account  givaa  by 
Aetchine*.  (Aeschin.  c.  {7trt.  H  1*.  17.34;  cf. 
document*  (doubtful)  ap.  Dem.  *  Cor,  p.  24J, 
§  55,  p.  266.  §  llS;-Boechh,  F.  E.  pp.  IT.', 
!i03  =  Slhk*  i.  211,  257.)  rc.  R.  K.]  [W.  W.] 

TELA(iffTj(),«looDi.  The  elententary  prin- 
ciple of  weaving  being  merely  tha  erasing  of 
threads  over  %ai  under,  it  ia  probable  that  it 
first  took  the  form  of  simple  plaiting  (Lncret.  t. 
1349  ;  cf.  the  term  IfivAttit  Tov  rrt/um.  flat. 
Poiit  p.  282  E) ;  but  we  have  no  record  of  a 
time  when  the  real  loom  in  some  form  or  other 
was  unknown  to  the  Greeks  and  Roman*.  Its 
constrnction  in  many  pnnta  ia  dear,  hot  there 
are  also  several  questions  which  cuinot  be 
answered  with  certainly,  and  sbunl  wbich  we 
mutt  be  content  with  conjertnrt*.  Even  now 
the  diipol*  whether  wrilers  of  the  Angustu  age 
are  speaking  of  the  upright  or  the  horiiontal 
loom  cannot  ba  aaiJ  lo  be  ended. 

Fnm  plaiting  comes  naturally  the  idea  of 
stretching  fiied  threads  and  wiping  a  cross 
thread  alternately  over  and  nnder:  (or  eveiy- 


TELA 


TELA 


765 


thing  woven  consists  of  two  parts,  the  fixed 
thread  or  warp  {stamen^  irr^fiotv),  and  the  woof 
or  weft  {tubtemenj  later  trama,*  tcpoiHi),  Instead 
of  Kpoidi  we  sometimes  find  i<pv^  used  (Plat. 
Zegg.  v.  p.  734  £),  and  in  this  passage,  as  well 
as  in  Plat.  Polit,  p.  283  £,  we  find  noticed  one 
of  the  most  important  dilferences  between  the 
warp  and  the  weft ;  viz.  that  the  threads  of  the 
former  are  strong  and  firm  in  consequence  of 
being  more  twisted  in  spinning,  while  those  of 
the  latter  are  comparatively  soit  and  yielding. 
This  is  in  fact  the  difference  which  in  modern 
silk  manufacture  dbtinguiahes  organzine  from 
iram^  and  in  cotton  manufacture  tioist  from  %oett. 
Another  name  for  the  weft  or  tram  was  po^Ja/ri 
(Batr,  181 ;  Eustath.  ad  II.  xxiii.  762 ;  Od, 
V.  121). 

It  may  facilitate  reference  to  arrange  the 
parts  of  the  loom  under  different  heads,  noting 
the  terms  discussed  in  each  : — I.  Words  con- 
nected with  the  arrangement  of  the  stamen 
(ffriifMP,  warp);  riz.  the  framework,  jugum, 
ifutAulif  aoapif  KffX^oyrer;  ordiri,  ttd(ofjL€u,  Kcupos : 
pondera  ftyvv^s f,  As mu  :  II.  Those  connected  with 
the  licia  or  fiSroi  (*' shedding"  by  leashes  or 
heddles);  riz.  anrndOf  liciatorium,  perhaps  m- 
sUia  (Koy^f  perhaps  hanlop  =  '*  heddle-leaf  ") : 
J II.  With  the  radius  (nccpieff,  shuttle) ;  viz.  ir^Ki;, 
panua  (bobbin  or  spool),  subtemen^  trama  {itpwcii, 
weft,  woof  or  tram):  IV.  With  the  spatha^ 
and  the  later  pecten  {ffredAyi  and  #crc/f  =  reed, 
lay,  batten):  V.  The  question  of  upright  and 
horizontal  looms :  VI.  Style  and  pattern. 

I.  The  threads  of  the  warp  were  called 
atamina,  critfiovMSy  because  they  were,  at  any 
rate  originally,  fixed  at  certain  intervals  iu  a 
row,  upright^  i.e.  perpendicularly  from  the  top 
to  the  bottom  of  the  loom  (Varr.  L,  X.  v.  113). 
For  the  same  reason  the  very  first  operation 
in  weaving  was  to  set  up  the  loom,  Ivrhv 
ffrfiaatrBai  (Horn.  Od.  ii.  94;  Hes.  Op,  779); 
and  the  web  or  cloth,  before  it  was  cut  down  or 
'*  descended  "  from  the  loom  {Kar4$a  it^*  l<rr&, 
Theoc.  XV.  35),  was  called  "  vestis  pendens  "  or 
"  pendula  tela  "  (Ov.  Met.  iv.  395  ;  Ep.  i.  10), 
because  it  hung  down  from  the  transverse  beam, 
which  was  probably  the  jugunif  our  **  yarn- 
beam."  This  transverse  beam  with  the  two 
upright  side-posts  (Itrrar^ts  or  jccXcoKrei, 
Theoc.  xvii.  34)  formed  the  whole  framework 
(icrr^f  or  tela)  of  the  primitive  loom.  Bliimner 
indeed  denies  that  jugum  had  this  meaning,  on 
the  ground  that  Ovid  (^Met.  vi.  55)  uses  it  in 
speaking  of  what  he  believes  to  be  the  horizontal 
loom.    But  (1)  from  analogy  of  the  other  senses 

•  This  word  ii,  we  venture  to  think,  wrongly  ex- 
plained by  Marquardt  and  Bldnmer,  who,  though  they 
admit  the  later  meaning  ==  tubtemen,  assign  as  its  proper 
mesnlng  **  the  opening  of  the  warp  when  parted  to  let 
the  weft  through."  If  that  were  the  case,  and  it  were 
nothing  but  a  void,  it  is  difBcult  to  see  how  it  could  ever 
mean  a  wov^n  piece.  In  truth  both  i^fnov  (strictly  *'  the 
woven  thing  ")  and  trama  mean  the  crossing  of  threads 
alter  the  tubtenien  is  shot  through ;  hence  trama  came 
to  mean  al«o  the  ntbtemen  itself  (Serv.  ad  Aen.  iil.  483 ; 
Isid.  Or.  xlx.  29 ;  Non.  p.  U9, 22),  but  in  Plin.  H.  N. 
xi.  )^  81,  it  is  clearly  the  web  of  crossed  threads,  and  this 
meaning  will  suit  Sen.  Ep.  90,  24,  and  Pen.  vl.  73, 
where  the  biire  croieed  threads,  with  the  nap  worn  away, 
arp  signified.  That  ^puw  also  means  loed  seems  dear 
from  Plat.  Pkasi.  p.  268  A ;  Tim.  Lex.  Plat. ;  Theocr. 
xvUi.  337 ;  Anth.  Pal.  ix.  350. 


of  the  word  [see  Jdoum],  the  only  natural  view 
is,  that  in  the  loom  it  means  the  bar  connecting 
the  uprights  (Ahrens  well  compares  the  jugum 
under  which  the  vanquished  passed):  (2)  this 
explains  the  jugun  of  the  lyre,  which  we  may 
suppose  to  have  been  named  from  a  resemblance 
to  the   loom,   the  strings   stretched   from   the 
jugum  being  compared  to  the  threads  of  the 
warp :  (3)  e%'en  if  Bliimner's  theory  were  right 
as    to    the    horizontal    loom — (for    arguments 
against  it,  see   under  V.) — ^the  jugum  might 
still  be  the  cross-bar  joining  the  side-pieces,  on 
which  the  warp-threads  (here  called  collectively 
**  tela ")  are  bound :  and  (4)  the  name  of  tela 
jugalis  (Cat.  R.  B.  10,  14)  is  then  etisily  ex- 
plained as  being  the  primitive  loom,  in  which 
the  warp  was  fhstened  directly  to  the  jugum, 
with  no  second  croas-bar  or  **  yarn-beam  "  under- 
neath, as  in  the  woodcut  below.     The  doubtful 
words  to  be  noticed  in  the  structure  of  the  loom 
are  insubuii  and  icapi.    The  former  is  explained 
by  Bliimner  as  =  kw6v%s  :  the  words  of  Isidore, 
however  (Or.  xix.  29),  ^  insubuli  quia  infra  supra 
sunt,"  seem  rather  to  indicate  that  the  yam- 
beam  and  cloth-beam  were  together  known  by 
this  name.    In  the  earliest  and  simplest  frame, 
as  will  be  shown,  where  the  web  was  not  longer 
than  the  loom  itself,  the  top-bar  acted  as  the 
yam-beam,  and  there  was  no  cloth-beam  at  all, 
but  (sis  in  the  Chiusi  vase,  and  in  the  Icelandic 
loom   represented  in   fig.   1)  it   was  a  useful 
addition  to  have  a  second  upper  bar  as  yarn-beam, 
which  might  take  the  form  of  a  roller  with  a 
reserve  of  warp,  and  again,  instead  of  the  Ktupot 
and  weights  at  the  bottom  of  the  loom,  to  have 
a  beam  on  which  the  cloth  could  be  rolled  as  it 
was  made.     Soapi,  according  to  Blumner,  also 
=  Kav6viSj  as  in  the  gloss  *'  scapi,  Ka»6v*i  yep- 
8«aico(:"  Rich  and  Monro  {ad  Lucret.  v.  1361) 
translate  it  '*  yarn-beam : "  the  use  of  scapus  in 
Plin.  H.  N.  xiii.  §  77  for  the  roll  of  a  book  would 
rather  suggest  the  cloth-beam  as  its  part  in  the 
loom ;  but  on  the  whole,  if  we  reason  from  the 
ordinary  sense  of  scapus,  we  may  best  suppose 
the  scapi  of  the  loom  to  be  the  side-pasts  =: 
K€\4otrr€Sf  for  which  a  Latin  name  is  wanted: 
the  epithet  "  sonans  "  may  refer  to  the  rattling 
of  the  loom  generally. 

The  fastening  of  the  warp  to  the  top-bar  or 
jugum  was  called  specially  9idCt(r9ai,  anjfiovl' 
(tffSai^  and  in  Latin  ordirij  exordiri  (Plant. 
Paeud.  i.  4,  6 ;  Baooh.  ii.  3,  116;  cf.  Cic.  de  Or. 
ii.  33,  145)  :  the  handing  of  the  threads  for  this 
process,  when  two  persons  were  setting  up  the 
loom,  is  vpo^puirBatf  which  involved  some 
running  backwards  and  forwards,  which  is  the 
meaning  of  the  word  in  Aristoph.  Av.  4  (SchoL 
ad  ioc. ;  Hesych.  s.  r. :  the  rendering  in  L.  and  S. 
is  at  variance  with  these  authorities).  The 
process  is  well  illustrated  by  Nonnus  {DUm. 
vi.  150):— 

jcot  atxrl  ^oiraXfOiai  mXMpoiu»9  axfikv  air'  oxpov 
rpMTtMwyq  wovn9t  3iaaytara,  ^ap«o«  ipxh^ 

This  moving  backwards  and  forwards  (/<rriy 
ivoix*<r9at,  Od.  x.  222)  belonged  to  the  old 
fashion  of  standing  to  weave,  before  the  fashion 
of  sitting  and  beginning  the  web  at  the  bottom 
of  the  loom  was  introduced  from  Egypt.  Nonnus 
describes  it  in  Epic  manner,  though  the  loom  at 
which  the  worker  aat  no  doubt  prevailed  in  his 


766 


TELA 


time.  In  setting  the  warp  for  lighter  fiibrics 
the  threads  were  stretched  fewer  and  farther 
apart,  and  the  web  was  then  &f>cu6<mi/M>s  or 
imM6<nmiJuos,  as  opposed  tt)  the  thicker  and 
coarser  <mifJi6vtoy,  voK^tmifios  or  wvKy6<miftos, 
But  the  warmth  required  in  winter  was  secured 
by  driving  the  softer  weft  threads  closer,  tmnUvi 
^  ip  traOp^  7roXX)\v  Kp6Ka  /irip^<ra<r9at  (Hes.  Op. 
538). 

It  may  be  supposed  that  the  threads  of  the 
warp  would  easily  fall  out  of  place  and  become 
entangled  unless  they  were  secured  at  both 
«nds  :  this  in  more  modern  looms  is  effected  by 
the  "yarn-roll"  or  ** yam-beam"  at  one  end, 
And  the  "  cloth-roll "  at  the  other.  In  the  older 
Greek  and  Roman  looms  the  warp  was  fastened 
to  the  jugitm  at  the  top,  and  the  lower  end  of 
each  warp-thread  was  passed  through  a  loop 
(icmposy,  and  also  had  a  weight  attached  to  it  to 
make  it  hang  straight.  This  lower  row  of  loops 
{Ktupoij  Kaipoo/M)  must  (as  Blilmner  rightly 
shows,  Techn,  i.  126)  be  distinguished  from  the 
^troi  or  licia  with  which  they  are  sometimes 
confused.  This  is  clear  from  the  explanation  in 
V  Etym.  Mag.  and  Eustath.  ad  Od.  yii.  107,  vapk 
rhv  iiirov  {i.e.  parallel  to,  but  below,  the  fUroi] 
{nr\p  rov  fi^  truyx^lffBai  rohs  ar^iioras.  Hence 
it  is  probable  that  the  Homeric  adjective  irai- 
poffitop  is  a  mere  synonym  for  b<paa-fi4imy.  The 
weights  attached  to  the  end  of  each  warp-thread 
were  called  ityuvBts  or  Xsioi  (Poll.  vii.  36),  in 
Latin  merely  pondera  (Sen.  Ep.  90,  20) :  they 
were  either  simple  stones  with  a  hole  bored 
through  them,  or  made  of  pottery:  a  great 
number  of  these  have  been  found:  Bliimner 
refers  to  Ritschl,  Ueber  antike  GewiohUteme, 
Bonn,  1866  ;  see  also  the  account  of  those  found 
at  Hissarlik  (Schliemann,  TVoja,  p.  163) ;  it  is 
possible  that  many  of  the  terra-cotta  "  whorls  " 
which  he  thinks  intended  for  spindles  may  have 
been  weights  for  weaving  (ib.  p.  41).  In  the 
Scandinavian  ode  translated  by  Gray  as  The 
Fatal  SiaterSf  the  weights  are  warriors'  skulls. 
Perhaps  the  expression  there,  "  the  weights  that 
piay  below,"  may  explain  the  \($ov  ipx^trrripa 
of  Nonn.  Dion.  xxiv.  254-. 

Whilst  the  improvements  in  machinery  have 
to  a  great  extent  superseded  the  use  of  the 
upright  loom  in  all  other  parts  of  Europe,  it 
remains  almost  in  its  primitive  state  in  Iceland. 
The  following  woodcut  is  reduced  from  an  en- 
graving of  the  Icelandic  loom  in  Olaf  Olafsen's 
Economic  Tow  in  that  island,  published  in 
Danish  at  Copenhagen,  A.D.  1780,  which  will 
probably  illustrate  the  earlier  Greek  and  Roman 
loom  better  than  any  of  the  few  representations  on 
ancient  vases  which  have  been  discovered.  (For 
the  best  of  these,  Penelope's  loom,  on  a  vase  from 
Clusium,  see  Baumeister,  Denkm.  fig.  2332.) 
We  observe  underneath  the  jugum  a  roller 
which  b  turned  by  a  handle,  and  on  which  the 
web  is  wound  as  the  work  advances.  The  threads 
of  the  warp  are  divided  into  thirty  or  forty 
parcels,  to  each  of  which  a  stone  is  suspended 
for  the  purpose  of  keeping  the  warp  in  a  per- 
pendicular position  and  allowing  the  necessary 
play  to  the  strokes  of  the  spatha,  which  is 
drawn  at  the  side  of  the  loom  :  they  correspond 
to  the  Koupos  or  Kodpufia  described  above.  These 
knotted  bundles  of  threads  to  which  the  stones 
were  attached  often  remained  after  the  web  was 
finished,  in  the  form  of  a  fringe.     [Fimbria.] 


TELA 

In  the  centre  of  the  web  we  see  the  attachment 
of  the  threads  of  the  warp  by  means  of  leashes 


Fig.  1.  loelaadlc  loom. 

to  three  rods  (icartfycr,  lidatona).  This  im- 
portant and  intricate  piart  of  the  loom  needs 
some  explanation. 

II.  In  the  moat  primitive  method  of  wearing 
it  is  probable  that  the  passage  for  the  weft  was 
opened  merely  by  a  transverse  rod  (jarundot  itaritv) 
passed  through  the  warp,  separating  the  threads 
so  that  they  were  alternately  <mi  either  side  of 
the  arundo.    This  seems  to  be  shown  in  Circe's 
loom  (fig.  4),  for  we  can  hardly  think  Ahress 
(Phiiog.  XXXV.  p.  391)  right  in  taking  it  to  be 
Circe's  magic  wand.     Such  a  method  of  coarse 
only  admits  of  plain  weaving  without  a  pattern, 
and  moreover  the  shifting  of  the  amndo  would 
be  slow  and  tedious :  in  order  that  the  weft 
might  be  taken  backwards  and  forwards  across 
the  warp  passing  over  or  under  as  might  be 
required,  it  would  be  necessary  laboriously  to 
raise  or  depress  each  thread  aeparately,  u  is 
plaiting,  unless  the  improved  plan,  which  was 
already  in  use  in  the  Homeric  age,  of  *' decus- 
sating," or  as  it   is  now  called  ''shedding," 
the  warp  by  leashes  (/tiroi,  iicia)  had  been  in- 
vented.    By  a  leash,  or  as   weavers  term  it 
'*a  heddle,"  we  are  to  undentaad  a  thresd 
having  at  one  end  a  loop^  through  which  a 
thread  of  the  warp  was  paued,  the  other  end 
being  fastened  to  a  straight  rod  (aoMiy,  arundtt; 
later  iiciatoriumy.    Thus,  supposing  that  only 
plain  weaving  without  a  pattern  is  required,  so 
that  the  weft  is  merely  to  pots  over  and  under 
alternately,  and  we  number  the  warp-threads 

1,  2,  3, 4,  &G.,  all  the  leashes  holding  the  threads 
of  uneven  numbers  1,  3,  &c.  are  tied  to  one  rod 
or  /tctdtortfim,  while  all  those  holding  the  threads 

2,  4)  &C.  are  tied  to  another,  and  by  Umply 
moving  one  rod  forward  and  the  other  bsck  a 
free  passage  is  opened  for  the  weft  to  %hoot 
through.  But  here,  though  there  might  be  a 
coloured  stripe  by  changing  at  regular  ioterrils 
the  colour  of  the  thread  in  the  weft,  or  other 
variations  by  colouring  different  threads  o{  the 


TELA 

warp  (tee  below),  there  could  be  no  el&borate 
colour  pattern  and  no  pattern  at  all  of  the 
texture.  This  was  produced,  just  as  it  is  now, 
by  a  contrivance  for  passing  over  at  requisite 
places  a  number  of  warp-threads  together,  so 
that  the  weft  might  pass  under  one  and  over 
two  or  under  one  and  over  three,  and  so  on. 
Since  it  is  obvious  that  it  must  not  be  the  same 
single  threads  that  are  raised  (or,  in  the  upright 
loom,  brought  forward)  and  the  same  two  or 
nmre  that  are  depressed  (otherwise  there  would 
be  no  weaving  at  all),  it  is  necessary  that  there 
should  be  an  additional  set  of  leashes  or  **  hed* 
dies"  for  every  increase  of  variation,  so  as  to 
vary  the  threads  which  are  raised  or  depressed. 
When  there  was  one  additional  set,  the  weaving 
was  called  6i/tx,  iifuroSf  of  which  the  Icelandic 
loom  in  the  woodcut  above  gives  an  example: 
with  two  additional  sets  it  was  triliXf  and  then 
could  pass  under  one  and  over  three :  for  great 
complexity  of  pattern  a  great  many  sets  of 
leashes  were  used  (see  further  below).  The 
details  of  this  part  of  the  subject  can  be  studied 
in  modem  weaving.  The  principle  of  varying 
the  pattern  was  really  exactly  the  same  as  in 
the  loom  of  to-day :  the  only  difference  lies  in 
the  mechanical  contrivances  which  make  the 
work  vastly  more  rapid.  In  the  earliest  times 
not  only  the  shuttle,  but  the  liciatoriOf  Kay6y€St 
or  leash-rods  ('*  heddle-Ieaves "),  were  worked 
by  the  hand.    This  is  signified  by  Homer : 

iraM^iov  i(tKK9wra  wapitt  lUnv,  iyxHi  8*  Mrx<^ 
OT190CO9.— (/I.  xziii.  760,  imitated  by  Nonn.  Dion, 
tI.  152,  631.) 

Here,  as  rightly  explained  by  Blumner  and 
Marquardt,  Odysseus  is  near  to  Ajax,  as  the 
jcaKfl^y  or  leash-rod  is  to  the  breast  of  the  weaver, 
when  she  brings  it  forward  with  one  hand 
(^iyX^  1^0'X*'  <rr^cof),  in  order  with  the  other 
hand  to  draw  the  weft  through  the  *'  shed,"  or, 
as  it  is  expressed,  "behind  the  leashes,"  ue. 
behind  the  warp  held  in  the  leashes  (wap^K 
fdropy.  Heyne  and  others,  who  make  the  Koyifv 
the  shuttle,  not  only  give  the  word  a  wrong 
meaning,  but  miss  the  point,  since  at  the  upright 
loom  part  of  the  warp  must  always  be  between 
the  shuttle  and  the  weaver,  and  it  is  only  the 
Kop^v  which  would  be  moved  nearer  the  body. 
It  is  possible,  perhaps  probable,  that  the  Greeks 
and  Romans  of  later  times  used  treadles  for 
moving  the  /iCKztoria,  but  we  have  no  direct 
evidence  of  it,  nor  any  word  to  express  it :  as, 
however,  they  worked  many  machines  with  the 
feet,  it  is  unlikely  that  they  omitted  to  do  so  in 
weaving.  Some  indeed  explain  Iksilia  in  Lucret. 
▼.  1352  as  treadieB,  but  we  believe  it  to  be  more 
correctly  understood  aa^liciatorium  (see  Munro 
(id  loc.y  The  Icelandic  loom,  like  the  Homeric, 
has  no  treadle,  and  hence  we  see  two  rods  at  the 
aide  which  can  give  some  help  to  the  single 
weaver  by  fixing  the  leash-rod,  as  required, 
while  he  works  the  shuttle ;  but  this  is  clearly 
«  slower  process  than  using  the  feet  to  release 
the  hands.  The  iarrlow  (Aristoph.  Thesm.  822) 
Bliimner  explains  as  a  special  name  of  one  of 
the  Kor^rcr  (cf.  Poll.  vii.  36). 

III.    We  have    described   the  comparatively 
coarse,  strong  and  much-twisted  threads  designed 


TELA 


767 


for  the  toorp  arranged  in  parallel  lines,  and  the 
leashes  ready  to  **  shed  "  them :  we  have  now  to 
speak  of  the  shuttle  which  conveyed  the  tceft  or 
woof  across.  This  implement  was  called  jccpicli 
in  Greek  and  radius  in  Latin  (Horn.  Od,  v.  62 ; 
Plat.  Polit,  p.  281  E,  Cratyl,  p.  388  C;  Ov.  Met. 
iv.  275,  compared  with  Hom.  Jl.  xxii.  448):  it 
is  imagined  of  gold  in  Homer  (/.  c),  but  was 
usually  of  wood  (Plat.  Cratyl.  p.  389 ;  Ov.  Met. 
vi.  132) :  the  end  pointed  (Soph.  Ant,  976  ;  Ov. 
Met.  vi.  56) :  the  humming  sound  of  its  passage 
is  expressed  by  Aristoph.  J?aii.  1315.  The  Kfpkis 
or  rodSrus  was  strictly,  like  our  shuttle,  the 
receptacle  for  the  "  bobbin  "  (v^ni  vrivloy,  panus, 
pcmuvelliwn)  on  which  the  weft  was  wound 
(Hom.  IL  xxiii.  762 ;  Eur.  ffec.  470 ;  Anth,  Pal. 
vi.  288;  Varr.  L.  L.  v.  114;  Isid.  Or.  xix.  29). 
The  annexed  woodcut  shows  the  form  in  which 


^r^^ 


X 


Fig.  3.  The  sbuttle. 

it  is  still  used  in  some  retired  parts  of  our 
island  for  common  domestic  purposes,  and  which 
may  be  regarded  as  a  form  of  great  antiquity. 
An  oblong  cavity  is  seen  in  its  upper  surface, 
which  holds  the  bobbin.  A  small  stick,  like  a 
wire,  extends  through  the  length  of  this  cavity, 
and  enters  its  two  extremities  so  as  to  turn 
freely.  The  small  stick  passes  through  a  hollow 
cane,  which  our  manufacturers  call  a  ^m//,  and 
which  is  surrounded  by  the  woof.  This  is 
drawn  through  a  round  hole  in  the  front  of  the 
shuttle,  and,  whenever  the  shuttle  is  thrown, 
the  bobbin  revolves  and  delivers  the  woof 
through  this  hole.  The  ancient  ^  shuttles  **  in 
the  Mayenco  Museum  (Blumner,  p.  146)  are 
probably,  though  not  certainly,  rightly  so 
named.  They  are  pen-shaped  and  would  have 
to  be  turned  round  for  the  return  passage,  only 
one  end  being  pointed.  The  process  of  winding 
the  yam  so  as  to  make  it  into  a  bobbin  or  jien 
was  called  'wriwlCiaBai  (Theoc.  xviii.  32),  or 
kweannviCiirBat  (Aristot.  H.  A.  v.  19).  The 
reverse  process  by  which  it  was  delivered 
through  the  hole  in  front  of  the  shuttle  (see 
the  last  woodcut)  was  called  ^inn|yf(c<r9cu. 
Hence  the  phrase  ^mmyicirai  rat^ra  means  **  he 
shall  disgorge  these  things"  (Aristoph.  Ran. 
586  ;  Schol.  in  he.). 

IV.  Supposing  the  warp  to  have  been  thus 
adjusted,  and  the  pen  or  the  shuttle  to  have 
been  carried  through  it,  it  was  then  decussated 
or  '*  shedded  "  by  drawing  forwards  the  proper 
rod,  so  as  to  carry  one  set  of  the  threads  of  the 
warp  across  the  rest,  after  which  the  weft  was 
shot  back  again  (the  shuttle  being  thrown  by 
the  hand,  as  was  the  case  even  down  to  1738), 
and  by  the  continual  repetition  of  this  process 
the  warp  and  woof  were  interlaced;  and  in 
*'  fancy  "  weaving,  with  several  sets  of  leashes, 
the  pattern  was  produced.  It  was  necessary 
farther  to  close  up  the  weft  threads.  It  has 
been  said  above  that,  after  the  weft  had  been 
conveyed  by  the  shuttle  through  the  warp,  it 
was  driven  originally  in  Rome  and  Greece 
upwards,  as  is  represented  in  the  first  woodcut, 
but    afterwards,   according    to    the    prevalent 


7C8 


TELA 


faiihioD  in  Egypt*  downwards,  as  in  the  second 
(Isid.  Orig,  xix.  22 ;  Herod,  ii.  35).  Two  dif- 
ferent instruments  were  used  in  this  part  of  the 
])roce8s.  The  simplest  and  roost  ancient  was  in 
the  form  of  a  large  wooden  sword  (sp'ttha^ 
mrdBri,  dim.  owdBioi^f  Plato,  LyaiSj  p.  208 ;  Aesch. 
Choeph,  226).  From  the  verb  mraBdUf  to  beat 
with  the  spatha,  cloth  rendered  close  and  com- 
pact hj  this  process  was  called  ffxaBrrr6s  (Athen. 
xii.  p.  525  d) :  when  the  weft  is  not  driven  close, 
as  in  light,  transparent  fabrics,  it  is  called 
Xcirro<nrd0irrof  (Soph.  Fr,  400):  the  close  tex- 
ture wokwnraB^s  {Anih.  Pal.  Ti.  39).  This 
instrument  is  still  used  in  Iceland  exactly  as  it 
was  in  ancient  times,  and  a  figure  of  it,  copied 
from  Olafsen,  is  given  in  the  first  woodcut. 

The  spatha  was,  however,  superseded  by  the 
comb  (pectent  lertis},  the  teeth  of  which  were 
inserted  between  the  threads  of  the  warp,  and 
thus  made  by  a  forcible  impulse  to  drive  the 
threads  of  the  woof  close  together.  (Ovid, 
Fast  iii.  820,  Met.  vi.  58 ;  Juv.  ix.  26 ;  Verg. 
Aen.  vii.  14 ;  Noun.  Dion.  xxiv.  253 ;  Poll.  vii. 
35.)  As  to  its  form,  we  are  told  only  that  it 
was  an  implement  with  teeth.  Bliimner  doubts 
if  the  example  from  an  Kgyptian  tomb  figured 
by  Rich  is  a  pecten,  but  we  think  that  the 
correctness  of  Rich  in  this  point  u  established 
by  the  very  similar  pecten  of  which  we  give  an 
illustration.  It  is  the  comb  now  used  in  parts 
of  Asia  Minor  in  the  loom  shown  below  (fig.  6), 
which  we  believe  to  resemble  closely  the  later 
form  of  the  Greek  and  Roman  loom.  As  a  late 
introduction,  instead  of  the  mrdSrit  it  is  mentioned 
only  in  late  Greek  writers:  it  originated  in 
^gypt»  whence  it  is  called  Siliacus  in  Mart.  xiv. 
150  (cf.  Verg.  Cii\  179).»  Among  us  the  office 
of  the  comb  is  executed  with  greater  ease  and 
eifect  by  the  reed,  lay^  or  hMten. 


Fig.  3.  Wearing  comb  used  in  Asia  Minor, 
(fienndorir.) 

The  lyre  [Lvra],  the  favourite  musical  in- 
strument of  the  Greeks,  was  only  known  to  the 
Romans  as  a  foreign  invention.  Hence  they 
appear  to  have  described  its  parts  by  a  com- 
parison with  the  loom,  with  which  they  were 
familiar.  The  terms  jntjum  and  stamina  (Ov. 
Met.  xi.  169)  were  transferred  by  aft  obvious 
resemblance  from  the  latter  to  the  former 
object;  and,  although  they  adopted  into  their 
own  language  the  Greek  word  plectrum  (Ovid, 
Mel.  xi.  167-170),  they  used  the  Latin  Pectek 
to  denote  the  same  thing,  not  because  the  instru- 
ment used  in  striking  the  lyre  was  at  all  like  a 
comb  in  shape  and  appearance,  but  because  it 

*  BICLmner  larongly  takes  the  pecten  In  Martial  to 
mean  "shuttle;"  the  dL-itinctlon  is  merely  between 
weaving  and  embroidery,  and  the  pecten^  as  belonging 
to  the  loom,  is  used  to  express  weaving.  We  are  Inclined 
al8<y  to  agree  with  Conlngtun  in  giving  pecten  Its  usual 
and  correct  meaning  In  the  two  passages  of  Virgil  where 
BlQmner  and  Marquardt  believe  that  ii  was  used  fur 
raditu  (Aen.  vii.  14,  Georg,  1.  294).  Such  coniVision  of 
terms  Is  surely  a  greater  difficulty  than  understanding 
••  argutns  "  and  "  percurrit "  of  the  comb. 


TELA 

was  held  in  the  right  hand  and  inserted  between 
the  strings  of  the  lyre  as  the  comb  was  between 
the  stamina  of  the  loom  (Verg.  Aen.  vi.  647 ; 
Pers.  vi.  2). 

V.  17ie  two  kinds  of  upright  looms  and  the 
supposed  horizontal  loom.  —  At  some  time  or 
other  a  more  convenient  form  of  loom  was 
introduced  into  Europe,  in  which  the  web  was 
worked  in  a  flat  horizontal  frame  instead  of 
hanging  vertically  in  front  of  the  weaver.  The 
parts  of  this  loom  are  the  same  in  nature  and 
object  as  those  described  above,  except  that,  as 
the  warp  frame  lies  flat,  the  leashes  or  heddles 
must  be  worked  vertically  up  and  down  instead 
of  backwards  and  forwards ;  and  if  the  Romans 
used  such  a  loom,  the  licia  and  liciatorium  de- 
pended from  a  cross-beam  raised  above  the  flat 
tela.  But  when  this  change  came,  and  even 
whether  it  belongs  to  anything  earlier  than 
mediaeval  times,  is  a  matter  of  doubt  The  view 
of  Bliimner  and  Marqoardt  is  that  in  the 
Augustan  age  the  horizontal  loom  had  already 
superseded  in  ordinary  use  the  upright  loom. 
We  are  led  to  conclude,  though  with  diffidence 
in  opposing  such  authorities,  that  the  evidence 
is  not  only  too  slight  to  warrant  such  an  asser- 
tion, but  that  it  points  the  other  way :  we  go 
far  beyond  Rich  in  this  view,  and  hold,  with 
Ahrens,  that  the  horizontal  loom  does  not  belong 
to  ancient  Greece  and  Rome  at  all,  and  was 
probably  introduced  into  Europe  by  the  Arahs. 

First,  as  to  the  passages  which  speak  detiniteiy 
of  a  change  in  looms:   Artemidoms  speaks  of 
two  kinds  of  looms,  the  i^rrhf  Spdios,  at  which 
the  weaver  is  said  wepisrarclr,  and  the  erepos 
Urr6s,    at    which    she  sits  {Oneirocr.   iii   36). 
Similarly,  standing  to  weave    is   called    ''old- 
fashioned"  by   Festus,   pp.  277,  8;    288,  33; 
Serv.  ad  Aen.  vii.  14 ;  Hesych.  s.  v.  iwoix^fupoi ; 
Isid.  Orig.  xix.  22.     But  sitting  does  not  imply 
the   horizontal   loom :   it  merely  distinguishes 
the  **  Egyptian  "  fashion  of  beginning  the  cloth 
at  the  bottom  of  the   loom,  as   wUl   be   seen 
below.     Nor  can  any  argument  be  drawn  from 
the  implements  used.      Bliimner  (as  was  said 
before)  believes  jugum  to  be  only  the  beam  for 
hanging  licia  above   the  horizontal  loom,  and 
therefore  assumes  that  all  looms,  in  which  a 
jugum   is  mentioned,  are   horizontal:   but  we 
cannot  accept  his  view  about  the  meaning  of 
jugum  as  proved  or  even  likely:   if  it  w*er«, 
Ovid's  "  tela  jugo  vincta  est "  (see  above)  must 
refer  to  binding  the  licia  on  to  this  beam :  but 
to  use  tela  for  licia  would  be  strange,  when  we 
compare  '*  addere  licia  telae."     Then  again  it  is 
said   that  the  mention  of  pecten  implies   the 
horizontal  loom   because   Hesychina  says,  s.  r. 
frvaBvfr6v^   rh    hpOhv    t^s  cwiJ^   wmpmrfUvw 
ov  KTtyi :  but  this  refers  to  the  tunica  recta,  or 
regilla  (see  below),  woven  from  the  top  down- 
wards (the  weft  being  driven  upwards)  in  the 
fnshion  of  the  time  when  the  spatha  only  was 
used ;  weaving  from  the  bottom  upwards,  from 
which  it  is  distinguished,  belonged  equally  to 
the   upright  loom,   and   in  the   Epithalammm 
Laurentii  et  Mariae  {Poet.   Lot,  J^n.  iii.  295, 
Bahrens)  the  tela  is  suspensa^  but  still  the  pecten 
is  used. 

We  may  remark  also  that  not  only  does  no 
Greek  or  Latin  writer  mention  any  difference  of 
weaving  beyond  this  upwards  and  downm-ards 
weaving  and  the  positions  of  sitting  and  stand- 


TELA 

in;,  but  of  tbc  few  repreHntalioiu  of  wcaTiDg 
which  are  giiea  in  aDCJcnt  sit,  none  ihow 
■Qfthing  but  th<  npri^bt  loom  ;  and  lutly ,  the 
fallDving  puuge  from  Theophflact,  archbiihop 
al  Bulgaria  A.D.  1070,  >howi  that  he  kntw 
DDthing  bat  the  tvo  kinds  o(  upright  looidi ; 
bAsi  If  f  BO-ir  Sti  ir  noAurrlrp  u^reixri  Ta!rt 
l^vaiii  otix  iti  wop*  hl^j  Srrur  Aya  p,ilt  -rvf 

TKU  nrlBU  ml  oIFtm  ijiafiainimt,  iXAi  ToiMr- 

S^aaiia  {ad  Joann.  iriii.  p,  825). 

The  chsDgei   ID   ancient  Greek    and    Komaii 

Iiwins  from  the  milie*t  to  tbe  Uteit  period  of 

litentnn  vt  btllert  to  hare  bHn  u  follows. 

The  earliest  loom  (the  Hooieiic  Iooid  and  the 
enriy  Romau  loom,  the 
tela  jugalit  of  Calo)  «■ 
lembled  tbe  Ice  1  iodic 
loom  (fig.  1)  except  that 
it  was  a  umpler  frame- 
work without  the  yam- 
-       like 


TELA 


769 


ireseDtatioa     of 


in  making  the  web  begin 
at  the  bottom.  The  author  of  this  ancient  pic- 
ture (whom  it  ii  of  courie  absard  to  tnske  an  aa- 
thorltj  u  to  the  Homeric  loom)  bas  in  this  point 
adbtreit  to  the  fashion  of  his  own  day :  but  ' 
tbe  Bimpler  frame  he  has  probably  come  near 
the  primitive  pattern.  Homer's  loom,  howeTi 
had  Uaibei,  which  are  not  given  here,  besides 
the  simple  tcanAr.  The  essential  distia 
between  the  early  Greek  and  Romsn  loomi 
the  Later  was  that  pointed  out  by  Heiodotns  (ii. 
35),  that  tbe  web  begin  at  tbe  top,  and  thecr- 
fore  the  wearer  alwaya  thrust  tbe  well  upwards 
(Sm  T^r  upoicV  «ouri)  in  striking  it  close 
with  the  inrdh).  The  tunica  rtcta  or  regiila, 
enjoined  with  the  conservatism  of  religion  for 
the  marriage  garment,  was  woven  at  tbi*  ancient 
loom  ("sursum  versnm,"  "in  altitudinem," 
laid.  Orig.  lix.  22 ;  Fest.  p.  STT,  8 :  the  words 


Ptg.  a.  Loom,  torn  an  EupUan  palDtlDg. 


as  there  va>  no  rolling  up  nf  the  cloth-beam  or 
unrolling  of  the  yarn-bejim.  At  snch  a  loom 
also,  as  was  said  above,  the  weaver  atood,  and 
pouibly.  In  the  lack  of  well-arranged  leashes  and 
heddles,  had  to  walk  round  the  loom  for  tba 
■Ijuetment  of  tbe  warp  threads. , 

At  a  later  time,  probnbly  quite  at  the  end  of 
the  Republic,  the  Egyptian  fashion  (Herod.  /.  c), 
of  beginning  the  web  at  tbe  bottom  and  so 
wearing  in  a  silting  posture,  was  introduced. 
The  cut  (tig.  5)  of  an  Egyptian  weaver  from  a 
wall-painting  (Wilkinson,  Ancient  Egnpltata, 
vol.  ii.  170)  illustrates  this  kind  of  loom.  We 
think  that  Wilkinson  is  right  in  considering  tbe 
pninting,  which  Rich  (s.  r.  tyibtenieri)  gives  as 
an  instance  of  Egyptian  horiiontal  weaving, 
to  be  not  weaving  at  all,  but  the  plaiting 
of  mats.  An  even  belter  iUustration  of  the 
Egyptian  loom  as  aJopted  by  the  later 
Romana  aod  Greeke  ia  afforded  by  a  aketch  of 
tbe  modern  Lycian  weaving  (fig.  6),  which  we 
have  taken  from  Benndorff  (Jieiley,  The 
weaver  is  using  the  comb  described  on  page  T6S  a. 


Flj.  I.  Weaver  in  BHdem  Lyda.    (BenDdorff.) 


We  have  little  doubt  that  this  raithfully  repro- 
daces  in  ita  fonn  the  Roman  loom  which  ia 
characterised  as  the  later  kind,  though  the 
arrangements  of  leashes,  kc.,  may  often  have 
been  more  elaborate:  this  pattern  may  well 
havi  been  introduced  into  Asia  Minor  at  som 
date  later  than  the  time  of  Herodotns,  and  have 
lingered  there  lioce.  With  this  Egyptian  form 
came  in  the  other  improvements  described  in 
I.  and  IV.,  tbe  subatitution  of  tbe  pacUn  for  tha 
tpatha,  and  tbe  discontinuance  of  tha  weight* 
(iyrffet,  \t7ai,  pondtra).  It  ia  needleai  to  nr 
that  tbe  changes  were  not  made  all  at  once  aU 
over  the  Roman  Empire:  tha  older  form  na 
doubt  lingered  in  many  places,  particularly  in 
the  more  remote  countries.  Hence  tha  atone 
weight*  found  In  Germany  and  elsewhere  may 
well  belong  to  a  date  when  at  Rome  itself  the 
later  form  of  loom  prevailed  and  weights  were 
no  longer  of  any  use.  Rejecting,  as  we  feel 
compelled  to  do,  the  idea  of  a  faoriumtal  loom. 


770 


TELA 


TELA 


we  believe  that  no  further  change  in  the  loom 
took  place  except  the  development  of  dexterity 
in  its  manipulation. 

VI.  After  enumerating  those  parts  of  the  loom 
which  were  necessary  to  produce  even  the 
plainest  piece  of  cloth,  it  remains  to  describe 
the  methods  of  producing  its  varieties,  and 
more  especially  of  adding  to  its  value  by  making 
it  either  warmer  and  softer,  or  more  rich  and 
ornamental.  If  the  object  was  to  produce  a 
checked  pattern  ^scutulis  dimdere^  Plin.  H,  N. 
viii.  §  196 ;  Juv.  ii.  97),  or  to  weave  what  we 
should  call  a  Scotch  plaid  (and  it  is  worthy  of 
notice  that  Pliny  attributes  this  pattern  to  a 
Celtic  people),  the  threads  of  the  warp  were 
arranged  alternately  black  and  whitij,  or  of 
different  colours  in  a  certain  series  according  to 
the  pattern  which  was  to  be  exhibited.  On  the 
other  liand,  a  striped  pattern  (pafi9»r6s.  Diod. 
Sic.  V.  30 ;  virgata  sagttict,  Verg.  Aen,  viii.  660) 
was  produced  by  using  a  warp  of  one  colour 
only,  but  changing  at  regular  intervals  ihe 
colour  of  the  weft.  Of  this  kind  of  cloth'  the 
Roman  trabea  (Verg.  Aen,  vii.  188)  was '  an 
example.  [Toga.]  Checked  and  striped  goods 
were  no  doubt,  in  the  first  instance,  produced 
by  combining  the  natural  varieties  of  wool, 
white,  black,  brown,  &c  [Faluum].  The  weft; 
also  was  the  medium  through  which  almost 
every  other  diversity  of  appearance  and  quality 
was* effected.  The  warp  as  mentioned  above 
was  generally  more  twisted,  and  consequently 
stronger  and  firmer  than  the  weft :  and  with  a 
view  to  the  same  object  different  kinds  of  wool 
were  spun  for  the  warp  and  for  the  weft.  The 
consequence  was, -that  after  the  piece  was  woven, 
the  fuller  drew  out  its  nap  by  carding,  so  as  to 
make  it  like  a  soft  blanket  (Plato,  Poiit,  p.  302) 
[FuLLO] ;  and,  as  stated  above,  when  the  inten- 
tion was  to  guard  against  the  cold,  the  warp 
was  diminished  and  the  weft  or  nap  (k/>^|, 
Kp6icvs)  made  more  abundant  in  proportion 
(Hesiod,  Op.  537;  Proclus  ad  loc,).  In  this 
manner  they  made  the  soft  x^^^''^  ^^  Lajsna 
[Pallium].  On  the  other  hand  a  weft  of  finely 
twisted  thread  (ffrpcoy)  produced  a  thin  kind  of 
cloth,  which  resembled  our  buntine  ("  lacemae 
nimia  subteminum  tenuitate  perflabiles,"  Amm. 
Marcell.  xiv.  6).  Where  any  kind  of  cloth  was 
enriched  by  the  admixture  of  different  materials, 
the  richer  and  more  beautiful  subetanoe  always 
formed  part  of  the  weft.  Thus  the  vestis  sub' 
serica,  or  tramoserica,  had  the  weft  of  silk 
[Sericum].  In  other  cases  it  was  of  gold  (Verg. 
Aen,  iii.  483 ;  Servius  in  loc.) — the  invention  of 
Attains,  according  to  Plin.  B,  N,  viii.  §  196,  and 
thence  called  vestes  Attaiicae^  but  it  was  pro- 
bably older  in  the  East  and  got  its  name  because 
Attains  prized  it;  of  wool  dyed  with  Tyrian 
purple  (Ovid,  Met,  vi.  578;  Tyrio  subtefftnine, 
TibuU.  iv.  1,  122 ;  picto  suJbtegimne^  Val.  Flacc. 
vi.  228) ;  or  of  beavers*-wool  (vestis  fibrina,  Isid. 
Orig,  xix.  22).  Hence  the  epithets  <powiic6' 
KpoKoSj "  having  a  purple  weft "  (Find.  01.  vi.  39), 
av$oKp6K0Sj  "  producing  a  fiowery  weft  '*  (Eurip. 

Jlec.  470),  xp^^^^'^^^^y  **  ™<^e  ^rom  bobbins 
or  pens  of  gold  thread"  (Eurip.  Orest.  841), 
ctrmjyor,  "made  with  good  bobbins"  (Eurip. 
Iph.  in  lour.  1465%  K^pidZi  TotKiXXoD<ra,  "  varie- 
gating with  the  shuttle  "  (Eurip.  Jph.  in  Tour. 
223),  &c. 
But  besides  the  variety  of  materials  consti- 


tuting the  weft,  an  endless  diversity  was  effected 
by  the  manner  of  inserting  them  into  the  warp. 
The  terms  hilix  and  8(fuTos,  the  origin  of  which 
has  been  explained,  probably  denoted  what  we 
call  dimity  or  tvtiileid  cloth,  and  the  Germans 
Ztoiilichy  where  by  missing  over  a  certain 
number  of  warp-threads  a  ridged  pattern  is 
produced.  The  poets  apply  triXix,  which  in  Ger- 
man has  become  DriUich^  to  a  kind  of  armour, 
perhaps  chain-mail,  no  doubt  resembling  the 
pattern  of  cloth  which  was  denoted  by  the  same 
term  (Verg.  Aen.  iii.  467,  v.  259,  vii.  639,  xii. 
375;  Val.  Flaccus,  iii.  199)  [LORXCA,  p.  Sr. 
All  kinds  of  damask  were  produced  by  a  very 
complicated  apparatus  of  the  same  kind  (jjhtri- 
mis  iiciis')f  and  were  therefore  called  Poiymita 
(Plin.  H.  N.  viii.  §  196 ;  Mart.  xiv.  150),  for 
which  multiciat  (Juv.  ii.  66)  is  probably,  as 
Bltimner  thinks,  an  equivalent  (cf.  ^lost.  Phiiox. 
8.  v.). 

The  sprigs  or  other  ornaments  prodaced  in  the 
texture  at  regular  intervals  were  called  flowers 
(tty^v;,  Pbilostr.  Imag.  ii.  28;  0p6paf  Horn.  U. 
xxil.  440)  or  feathers  (j)lvmae).  Another  terra, 
adopted  with  reference  to  the  same  machinery, 
was  i^dfUTO¥f  denoting  velvet.  In  the  Middle 
Ages  it  became  (dfuroyf  and  thus  prodaced  the 
German  soanmet,  our  samite. 

As  far  as  we  can  form  a  judgment  from  the 
language  and  descriptions  of  ancient  authors, 
the  productions  of  the  loom  appear  to  have 
fallen  in  ancient  times  very  little,  if  at  all, 
below  the  beauty  and  variety  of  the  damasks, 
shawls,  and  tapestry  of  the  present  age.  In 
addition  to  the  notices  of  particular  works  of 
this  class,  contained  in  the  passages  and  articles 
which  have  been  already  referred  to,  the  follow- 
ing authors  may  be  consulted  for  accounts  of 
some  of  the  finest  specimens  of  weaving : 
Euripid.  Ion,  190-202,  1141-1165;  Aristot. 
J/ir.  Auscult.  96,  =  p.  838  ;  Athen.  xii.  p.  541 ; 
Verg.  Aen,  v.  250-257,  Cir.  21-35 ;  Ovid,  Ifet. 
vi.  61-128;  SUt.  Theb.  vi.  64^  540-547  ;  Anson. 
Epig.  26;  Lamprid.  HeUog.  28;  Claadian,  in 
Stiiich.  ii.  330-365. 

Although  weaving  was  amongst  the  Greeks 
and  Romans  a  distinct  trade  carried  on  by  a 
separate  class  of  persons  (p^drrtu,  textores  and 
textrioes,  linteones  ,*  cf.  even  in  the  Homeric  age 

the  yw^  x'P*^'**  ^  ^^i*  ^^X  ^^^  more  par- 
ticularly supplied  the  inhabitants  of  the  towns 
with  the  productions  of  their  skill  (Cato,  £.  R. 
135 ;  Plat.  Phaed.  p.  87  B,  Hep.  iL  p.  370  D  ; 
Pausan.  vii.  21),  yet  every  considerable  domestic 
establishment,  especially  in  the  country,  con- 
tained a  loom  (Cato,  £.  B.  10,  14^  together 
with  the  whole  apparatus  necessary  for  the 
working  of  wool  (lanifichan,  raXtwia,  roAa- 
ffiovpyla).  (Hesiod,  Op.  779;  Verg.  Georg,  i. 
285,  294.)  [Cacatbub.]  If  in  the  more  luxu- 
rious age  the  most  ornamental  work  was  pur- 
chased, the  slave  household  (JamUia  ms^iai)  at 
least  was  thus  clothed,  and  the  commoner 
stragvUa  were  made  (Dig.  33,  7,  12,  5;  Paul. 
Sent.  3,  6,  37).  In  Greece  as  at  Rome  in  earlier 
times  the  matron  and  her  daughters,  assisted  by 
female  slaves,  wove  garments  for  husband,  sons 
and  brothers  (Plat.  Legg.  viL  p.  805  E ;  Aesch. 
Cho.  231;  Eur.  lon^  1417):  so  of  the  Roman 
matron  weaving  in  the  crfnion,  Liv.  L  57 ;  Ascon. 
in  Mtbm.  p.  43,  and  even  in  later  times;,  Araob. 
ii.  67;  C.  /.  L.  vi.  1527,  11602. 


TELAMONES 

When  the  farm  or  the  palace  was  sufficiently 
large  to  admit  of  it,  a  portion  of  it  called  the 
icTTwy  (histoncf,  Varro,  £.  R,  i.  2),  textrina  or 
tcxtrinumj  was  deroted  to  this  purpose  (Cic. 
Verr.  \y.  26,  58,  59 ;  Isid.  Or.  xiv.  8 ;  cf.  Hor. 
Od.  ii.  18,  6).  The  work  was  there  principally 
'Carried  on  by  female  slaves  (ijiUuiUariae^  at  tpiBoi, 
Theoc.  XV.  80;  Horn.  Od,  vii.  235,  xxi.  350; 
C.  I.  L.  vi.  6639-6646)  under  the  superinten- 
•^lence  of  the  mistress  of  the  house,  who  herself 
also  together  with  her  daughters  took  part  in 
the  labour,  both  by  instructing  beginners  and 
by  finishing  the  more  tasteful  and  ornamental 
parts  (VitruT.  vi.  7,  p.  164;  Symmachus,  EpiiU 
vi.  40).  But  although  weaving  was  employed 
in  providing  the  ordinary  articles  of  clothing 
among  the  Greeks  and  Romans  from  the  earliest 
times,  yet  as  an  inventive  and  decorative  art, 
subservient  to  luxury  and  refinement,  it  was 
xilmost  entirely  Oriental.  Persia,  Babylonia, 
^STP^y  Phoenicia,  Phrygia,  and  Lydia,  are  all 
•celebrated  for  the  wonderful  skill  and  magni- 
ficence displayed  in  the  manufacture  of  scarfs, 
shawls,  carpets,  and  tapestry.  [Chlamys  ;  Pal- 
uxTM ;  Tapes.] 

For  the  weaving  of  sacred  robes  in  Greek 
temples,  see  Arrhephoria,  Heraea,  Pana- 
THENAEA ;  and  cf.  Pausan.  iii.  16,  2.  rOn  the 
•construction  of  the  loom,  see  also  Blumner, 
TechwAogiey  i.  pp.  120-157;  Marquardt,  Fri- 
vailebeHf  519-527;  Ahrens,  in  Philohg,  xxxv. 
385  ff.)  [J.  T.]    [G.  E.M.] 

TELAMO'NES.  [Caryatides.] 
TETiETAE  (rtkrral).  [Mystebia.] 
TELO^ES  (rcXfl&n^s).  Most  of  the  taxes 
^nd  duties  at  Athens  were  farmed  by  private 
.persons,  who  took  on  themselves  the  task  of 
<ollecting,  and  made  payments  in  respect  thereof 
to  the  state.  They  were  called  by  the  general 
name  of  tsXAwu,  while  the  farmers  of  anv 
particular  tax  were  named  after  it  iWtfitPurrai, 
ciKocrrwKaif  vtmiKocr&vat,  or,  as  the  fiirmers 
and  collectors  were  often  the  same  persons, 
fhco<rro\Syoif  vcmyicoo'roX^oi,  &c.  The  tax 
or  duty  was  let  to  the  highest  bidder.  Several 
persons  (like  a  societas  of  Roman  pitblicant) 
often  joined  in  the  speculation  (Pint.  Alcib,  5)  ; 
the  principal  or  chairman  of  the  company,  in 
•whose  name  the  bidding  took  place,  and  who 
was  responsible  to  the  state,  was  called  iipx^^f 
<Andoc  de  Mygt.  §  133).  Of  course  securities  were 
required  from  the  farmer  or  the  company  for  the 
]>ayment  of  the  dues  (Dem.  c  Timoo.  p.  745, 
^  144  ;  Andoc  /.  c).  The  office  was  frequently 
undertaken  by  resident  aliens,  citizens  disliking 
it  on  account  of  the  vexatious  proceedings  to 
which  it  led.  The  farmer  had  power  to  search 
for  and  seize  contraband  or  uncustomed  goods 
<Demosth.  Faniam.  p.  958,  §  6) ;  he  watched  the 
harbours,  markets,  and  other  places  to  prevent 
smuggling ;  brought  a  ^dffis  [Phasis]  or  other 
legal  process  against  persons  whom  he  sus- 
pected of  defrauding  the  revenue,  or  even 
arrested  them  and  took  them  before  a  magistrate. 
To  enable  him  to  do  all  this,  he  was  exempted 
from  military  service  ([Dcm.]  c.  Neaer,  p.  1353, 
§  27).  The  taxes  or  duties  were  thni  let  out 
{t4Kii  4KBit6yai)  by  the  ten  TcvXifrcd  acting 
under  the  authority  of  the  senate  [Poletae]. 
The  payments  (icarajSoAal  r^Xovf ,  Dem.  c.  Timoc. 
p.  731,  §  98),  regulated  by  the  p6fioi  rcXwyiJcof 
<^^.  p.  732),  were  made  at  stated  Prytaneiai  in 


TELOS 


771 


the  senate-house  ([Dem.]  c  Neaer,  1.  c).  There 
was  usually  one  payment  made  in  advance 
(vpoKarafioKii) ;  the  succeeding  one  or  ones  were 
probably  called  vpoo'varaiSX^fiara.  (This,  at 
any  rate,  is  the  account  of  Suidas ;  but  it  seems 
inconsistent  with  Demosthenes'  use  of  vpoffKora- 
fiK-fi flora  in  p.  731.  Boeckh,  edit.  3,  accepts 
Suidas'  account  and  supposes  Demosthenes  to  be 
speaking  inexactly.)  On  any  failure  in  payment 
the  farmer  became  6rt/MS  (c.  Neaer.  1.  c.)  if  he 
was  a  citizen,  and  might  be  imprisoned  (Dem.  e. 
Tunoc,  pp.  745,  746).  If  the  debt  were  not  paid 
by  the  end  of  the  ninth  Prytaneia  (probably  the 
ninth  of  the  year,  the  last  but  one,  not  the  ninth 
from  incurring  the  debt)  it  was  doubled,  and,  if 
it  were  not  then  paid,  the  debtor's  property  was 
forfeited  to  the  state  (Andoc.  de  Myst.  §  73; 
Dem.  0.  Timoc.  p.  730).  (See  the  speech  of  Demo- 
sthenes against  Timocrates,  and  Boeckh's  Staata- 
haushaitwujy  edit.  3,  p.  406  ff.)  [F.  T.  R.] 

TELOS  (ri\os)y  a  tax.  In  enumerating 
here  the  taxes  of  Athens  (about  which  city  we 
know  most)  we  may  take  the  opportunity  to 
mention  all  the  chief  sources  of  Athenian 
revenue.  They  may  be  divided  into  three* 
groups, — taxes  paid  at  Athens,  taxes  paid  abroad 
or  by  foreigners  for  the  benefit  of  Athens,  and 
income  derived  not  from  taxes  but  from  the 
corporate  property  of  the  state. 

A.  The  taxes  imposed  by  the  Athenians  and 
collected  at  home  were  either  ordinary  or  ex- 
traordinary. The  former  constituted  a  regular 
source  of  income;  the  latter  were  only  raised 
upon  emergency. 

(1)  The  ordinary  taxes  were  generally  farmed 
out ;  see  Telones.  They  included  (i.)  the  customs 
and  harbour  dues ;  see  Pentecoste.  Hi.)  Duty 
paid  on  all  sales  in  the  market  (^mvyia).  The 
amount  is  unknown  (though  Boeckh  in  the  3rd 
edit,  of  his  Staatahaushalhmg  thinks  it  was  1  per 
cent.).  Xen.  de  Vect.  4,  49,  probably  alludes  to 
the  ivttvia;  and  the  ityopas  rt\os  of  Aristoph. 
Ach,  896  may  be  identical  with  it.  (iii.)  The 
btaw^Ktoy  (Hesych.)  or  gate-money  is  probably 
different  from  the  above,  (iv.)  A  rpi^fioKoy 
was  paid  by  freedmen  (Harpocr.  s.  v.  furolKtoy). 
(v.)  The  same  amount  was  probably  paid  by 
slaveowners  for  each  slave  (Xen.  de  Vect.  4,  25). 
This,  Xenophon  says,  was  a  very  productive  tax 
before  the  Spartans  fortified  Dekeleia  and  en- 
couraged the  Athenian  slaves  to  run  away, 
(vi.)  The  voppuchp  r^Xof,  of  unknown  amount. 
It  was  fanned  separately  (Aeschin.  c.  Tim.  §  134). 
(vii.)  The  law-court  fees  (v-pvraycio,  vapdara<nsf 
vapoKeerafiok^,  q.  v.)  were  a  lucrative  item, 
especially  under  the  Athenian  Empire,  when  the 
allies  brought  suits  to  be  decided  at  Athens 
(Thnc.  vi.  91).  (viii.)  AtpfiarucSy.  The  value 
of  the  skin,  horns,  &c.,  of  the  victims  slain  at 
certain  public  sacrifices  (cf.  the  usage  at  Sparta, 
Herod,  vi.  56, 57).  (ix.)  Mcrofictoy.  The  poll-tax 
of  the  resident  aliens  fMETOECl] :  12  drachmae 
annually,  probably  paid  by  men  only.  Freedmen 
paid  this  tax  in  addition  to  the  rpidfioKov  (Har- 
pocr. s.  V.  fifToiKioy).  (x.)  The  resident  aliens 
also  paid  a  special  entrance-fee  for  the  sale  of 
their  goods  in  the  market  (Dem.  Eubul.  p.  1309, 
§  34.  In  this  passage,  however,  the  words 
^wuch.  TcActr  are  someCfanes  understood  of  the 
fi§roiKiov), 

(2)  The  extraordinary  taxes  at  Athens  were 
(L)  the   fXff^pik  or  property-tax  [Eisprora]. 

3  D  2 


772 


TELOS 


This  fell  also  on  fi^roucoi  (Dem.  AndiH>t  pp. 
609,  612).  (ii.)  The  comptilsory  services  called 
XtiTovpylat  (Leitol'BOIA),  an  institution  also 
found  existing  elsewhere  (Herod,  v.  83).  Some 
of  these  at  least  were  shared  by  n4roiicoi  (Dem. 
LepL  p.  462,  §  18).  (iii.)  Voluntary  contri- 
butions on  extraordinary  occasions  (iviidatis) 
[Epidosis]  :  see  Lysias,  xxx.  26. 

B.  Of  taxes  paid  by  foreigners  for  the  benefit 
of  Athens,  (i.)  The  tribute,  <p6pos  [PHOROS],'of 
the  allied  states  formed  in  the  flourishing  period 
of  the  Republic  a  regular  and  most  important 
source  of  revenue.  In  B.C.  413  it  was  changed 
to    a    5    per    cent,   duty  on    all  commodities 

^  exported  or  imported  by  the  subject  states 
^  \[EiCOeTE].  (ii.)  A  temporary  duty  of  10  per 
cent.  (itKarii)  on  merchandise  passing  from  or 
into  the  Euxine  was  established  in  B.C.  409. 
(Xen.  ffell.  xi.  22 ;  cf.  iv.  8,  27,  31 ;  Dem. 
Lfpt  p.  475,  §  60).  The  charge  on  other  articles 
may  have  really  helped  the  Athenian  revenue ; 
but  the  charge  on  com  must  have  raised  the 
price  of  com  at  Athens,  (iii.)  Plunder  taken 
in  war :  sale  of  prisoners  for  slaves. 

C.  Other  sources  of  revenue  were  derived  by 
the  Athenians  from  (i.)  certain  lands  of  which  the 
state  held  the  tithes.  (This  however  is  doubtful ; 
see  Decumae,  Vol.  I.  p.  604.)  (ii.)  Rents  from 
public  lands  (Aristoph.  Vesp.  658) :  from  pas- 
tures, forests,  mines,  saltworks,  rivers ;  also,  the 
sum  paid  by  the  lessee  of  the  theatre.  The  mines 
(pih'aXka)  must  have  here  constituted  the  largest 
item.  The  silver  mines  of  Laurion,  which  also 
yielded  other  substances,  afforded  a  considerable 
sum  to  the  state,  being  rented  by  persons  who 
worked  for  their  own  profit,  paying  to  the 
state  first  a  sum  of  money  for  the  privilege  of 
working,  and  secondly  l-24th  of  the  net  pro- 
duce. The  collection  of  the  latter  charge  was 
itself  probably  farmed-out.  The  labour  of 
mining  was  performed  by  slaves.  Some  par- 
ticulars about  the  mining  system  may  be  found 
in  Demosthenes'  speech  against  Pantaenetus.  The 
mines  at  Laurion  were  exhausted  in  the  time  of 
Strabo  (ix.  p.  399);  the  scoriae  or  waste-pro- 
ducts (ffKuplOf  4K$o\iLs)  were  then  being  re- 
worked, and  they  can  now  be  again  worked  at  a 
nrofit.  The  valuable  gold  mines  of  Skapte  Hyle 
in  Thrace  (Herod,  vi.  46)  became  Athenian 
property  by  the  conquests  of  Cimon.  (iii.)  Fines 
and  confiscations:  see  Ttmkma,  Deuioprata, 
and  Epibole. 

These  various  sources  of  revenue,  of  which 
Arist(^h.  Ve9p,  655-660  gives  a  rough  enumera- 
tion (omitting  the  Leitourgiai),  produced  in  B.C. 
423,  according  to  Aristophanes,  an  annual  income 
of  2000  talents.  Xen.  Andb.  rii.  1, 27,  says  that 
the  Athenians  began  the  Peloponnesian  War  with 
1000  talents  coming  in  annually.  Boeckh's 
calculations  (in  the  3rd  edit,  of  the  Staatshaus- 
haltung^  vol.  i.  p.  510)  bring  him  nearest  to 
Aristophanes'  estimate.  But  during  the  Pelo- 
ponnesian War  the  income  fell  enoi*mou8ly,  and 
it  is  not  easy  again  to  arrive  at  anything  like  a 
fixed  sum.  (See,  however,  Dem.  PhUipp.  iv. 
p.  141,  §  37.)  The  orator  Lycurgus,  '*  almost 
the  only  statesman  of  ancient  times  who  really 
understood  finance"  (Boeckh),  is  said  to  have 
raised  the  total  revenue  for  a  time  to  1200  talents 
(Plutarch,  ViU  Dec,  Orat  vii.  §  25). 

A  land-tax,  or  charge  on  the  produce  of  land, 
aeems  to  hare  been  not  uncommon  in  Herodotus' 


TEMPLUM 

time  (vi.  46),  but  we  do  not  hear  of  it  at  Athens- 
unless  it  be  under  the  tyranny  of  the  Peisistra- 
tidai,  who  took  5  per  cent.  (Thuc.  vi.  54): 
the  charge  seems  to  have  ended  with  their 
expulsion.  [F.  T.  R.] 

TEMENOS.  [Vectioalia  Templobum.] 
TEMPLUM.  It  will  be  well  to  preface  the 
important  part  of  this  article,  which  relates  to 
temple  buildings,  by  a  few  remarks  about  the 
strict  meaning  of  the  word  Umpium^  and  the 
distinction  originally  existing  between  the  words 
aedes,  iemplum,  saceiltan,  delvbrvm^  and  fomum. 
That  this  distinction  was  confused  by  lax 
usage,  especially  in  poetry,  and  that  it  in  time 
disappeared  altogether,  must  of  course  be 
admitted ;  but  that  it  existed  not  merely  in  a 
very  early  period  of  Latin  is  clear  from  the  fact 
that  Augustus  marks  it  when  he  calls  the 
Temple  of  Apollo  on  the  Palatine  and  that  of 
Mars  ITltor  tempia^  and  others  aedes  (^Monvm, 
Ancyr,  19 :  see  below). 

I'fae  word  tempium  is  from  the  same  root  as 
the  Greek  rifiwosy  i.e,  some  space  cut  off  and 
separated.     Its  augural  signification  was  beyond 
a  doubt  its  genuine  Roman  use.     The  templnm 
in  augury  had  a  twofold  meaning :  1.  The  sp.i(.e 
of  sky  which  the   augur   marked  off  with  his 
lituus  by  imaginary  lines,  the  cardo  from  north 
to  soutk    and    the    decumanus   from    east    to 
west,  thus   di>iding  the   space  observed    intu 
four  regions  (Serv.  ad  Aen,  i.  92 ;  Varro,  L,  L, 
vii.  7).     From  this  augural  iemplvm  caeli  oome$^ 
the   familiar  ^  caelestia  templa  "  of  Lucretio» 
(i.  120,  &c.),  which,  as  Munro  remarks,  "conveys, 
a  solemn  and  stately  notion."    2.  The  space  c>f 
earth  to  be  included  for  observations,  which  was 
a  rectangular  space  called  locus  efatusj  or  mor^ 
fully  locu3  effatua  concepiis  verlns,  i.e.  a  space 
bounded  by  points  which  he  announced  aloud, 
naming  (conceptis  verbis)  trees  or  other  stationarr 
objects  as  the   limits  for  observation  in  each 
direction.    This  space  also  was  divided  into  four 
regions  by  lines  (pardo  and  decunktmiSf  as  aboveX 
and  the  observer  (usually  a  magistrate,  who  q^ta 
observer  was  the  attspex  as  distinguished  frxm 
the  augur)  sat  at  the  point  (deatssit)  where 
these  imaginary  lines  intersected  (Varro,  L.  Z. 
vii.  8 ;  Uv.  i.  18 ;  Cic.  de  Div.  i.  17,  31).     It 
will  be  seen  that  in  both   these  senses  of  the 
augural  tempium  the  idea  of  cutting  of  (r4ftrm) 
is   preserved,  and  also  that   the  shape  of  the 
tempium  was    rectangular.      Further,  in  the 
place  where  the  observer  was  to  sit  (except 
where  there  was,  as  at  Rome,  a  permanently 
established  auguraculum :  see  Vol.  I.  p.  251  b\. 
the  observer  pitched  a  tent  [TabernactlchI^ 
also    quadrangular    in    shape,  with    a    single 
opening,  commanding  the  spaces  of  earth  uid 
sky  which  formed  the  templa.    There  has  been 
some  difference  of  opinion  as  to  the  aspect  of  this 
tabemaculum.      Kegel I's    opinion  seems   to   be 
correct,   that  for  observing  lightning  bv   the 
templa  in  oaelo  the  tabemacnlum  looked  to  the 
south,  but  for  observing  birds  by  the  tempia  m 
terra  it  faced  the  east,  whence,  as  in  Lir.  i.  18,  the 
south  is  on  the  right  hand,  the  north  on  the  left 
(see  Regell  in  JahH>.  /.  Philol,  u.  Paedagog.  czxiiL 
607  ff.,  and  Man's  note  in  Marquardt,  Stoats- 
tfcrw,  iii.'  403).    The  tabemaculum  was  called 
tempium  minus,  and  thus  we  have  a  tempium  of 
real  as  well  as  of  imaginary  lines:  so  Festus 
(v.  157),  '*  tempium  est  locus  ita  efaUa  (by 


TEMPLUM 


TEMPLUM 


773 


imaginary  lines)  aut  ita  aaeptas  (by  real 
enclosure)  ut  [ex]  nna  parte  pateat  angalosque 
adiixos  habeat  ad  terrain;"  and  Servius  {ad 
Aen.  ir,  200),  ^  templum  dicunt  non  solum  quod 
potest  claudi  (by  imaginary  lines)  rerum  etiam 
>quod  palis  aut  hastis  aut  aliqua  tali  re  (as  in 
a  permanent  auguracolum)  et  linteis  ant  loris 
(the  linen  or  leathern  tent)  aut  simili  re  saeptum 
£st  quod  effatam  est  (i.e.  the  imaginary  lines  are 
made  real:  see  also  Mommsen,  Staatsrechty  i.' 
105).  [For  the  method  of  taking  auspices,  see 
Adbpzcia;  and  for  the  connexion  between  the 
^shapo  of  the  pomeriumand  the  augural  templum, 
see  PoiCERiUM,  pp.  443,  444.] 

This  use  of  templnm  for  augury  was,  we 
4»nnot  doubt,  the  original  religious  sense  of 
templnm,  and  accordingly,  in  the  extended 
meanings  which  the  word  subsequently  takes  of 
^consecrated  spaces,  and  later  (perhaps  not  till 
near  the  end  of  the  Republic)  of  buildings,  it  is 
still  confined  to  such  spaces  or  buildings  as  hare 
been  ^  inaugurated  "  by  the  augurs,  and  more- 
orer  the  shape  is  still  rectangular.  Such 
inaugurated  and  consecrated  places  were  (1) 
those  for  the  assembly  of  the  senate,  curiae 
^ostilia  Pompeia,  Julia)  or  actual  temples  of 
the  gods,  since  the  senate  could  only  transact 
business  ''in  loco  per  augurem  constituto'* 
<6elL  xir.  7);  (2)  the  Comitia  Curiata  and 
CentnriaU  (Liv.  v.  52;  Val.  Max.  iv.  5);  (3) 
the  Rostra  (Cic.  in  Vatin.  x.  24 ;  Liv.  riii.  14) ; 
(4)  a  temple  in  the  ordinary  sense,  ue,  a  house 
built  for  a  god  and  inaugurated  as  well  as  con- 
secrated. For  the  building  of  a  temple,  or 
indeed  for  any  permanent  inaugurated  templum, 
it  was  necessary  first  that  the  ground  should 
not  only  be  effatits  (i.e.  hare  pronounced  limits), 
but  also  be  Uberatus ;  that  is  to  say,  any  prior 
•claims  upon  the  ground  not  merely  of  private 
ownership,  but  of  fana  or  sacella  which  might 
ouce  have  been  upon  it,  had  to  be  abrogated 
[ExAUOURATio],  and  the  ground  and  building 
4issigned  by  the  augurs  to  that  deity  to  whose 
service  it  was  to  be  dedicated,  and  next  the 
temple  itself  was  consecrated  by  the  pontifices 
•(cf.  Serv.  ad  Aen.  L  446 ;  Liv.  i.  55). 

Templum^  however,  in  this  sense  of  a  god's 
•house,  was  probably  a  comparatively  modem 
4K|uivalent'  for  aedes  or  aedes  sacra,  Jordan  (in 
Hermes,  ziv.  pp.  567  ff.)  presses  this  somewhat 
far,  giving  aedes  as  the  proper  term  for  a  Roman 
■or  Italian  temple,  and  templwn  for  one  in  the 
•colonies ;  and  explaining  the  passage  above  men- 
ttioned  from  the  Mon,  Ancyr.  on  the  theory  that 
Augustas  called  the  temples  at  Rome,  which 
were  built  on  publicum  solum,  aedes,  while  those 
to  Apollo  and  Mars,  built  on  his  privatum  solum, 
he  called  templa.  In  this  same  passage,  how- 
•ever,  he  speaks  of  ''duo  et  octoginta  templa 
•deum,"  and  it  seems  to  us  a  truer  view  that  the 
■use  of  templnm  for  aedes  was  coming  in  before 
the  end  of  the  Republic^  and  that  Augustas  in 
speaking  by  name  of  pre-existing  temples  uses 
the  term  which  originally  described  them,  but  in 
those  which  he  has  just  built  uses  the  term  now 
in  vogue.  Cicero  certainly  uses  the  word 
templu/n  as  *'  temple  "  frequently  (e.g.  de  Div.  i. 
2,  4);  and  the  figurative  use  in  Lucretius  (iv. 
264;  V.  103)  of  the  mouth  as  "templum 
•linguae  "  and  the  breast  as  "  templum  mentis  " 
implies  that  templum  was  then  the  term  in 
common  parlance  for  a  building  enshrining  some 


deity.  It  must  be  noticed  that  the  round  shape 
which  i^e  see  in  the  Aedes  Vestae  and  some 
others  did  not  properly  belong  to  a  templum, 
which  shonld  follow  the  rectangular  augural 
temple;  and  with  this  agrees  the  fact  alluded 
to  above,  that  this  round  aedes  was  consecrated 
by  the  pontifices,  but  not  inaugurated  by  the 
augurs,  and  hence  not  a  possible  raeeting-plaoe 
for  the  senate  (Serv.  ad  Aen,  vii.  153;  Oell. 
xiv.  7).  It  is  a  significant  fact  that  the  shrine  of 
the  Dea  Diva  in  the  Arval  grove,  which  like  that 
of  Vesta  belongs  to  the  most  primitive  Roman 
religion,  was  also  a  round  building,  and  it  might 
reasonably  be  inferred  that  the  round  shape  was 
the  earlier  form  for  a  god's  house,  just  as  the 
circular  hut  built  round  a  central  pole  is  the 
early  architecture  for  a  human  habitation,  and 
that  the  rectangular  temple  came  later  in  with 
the  augural  templum. 

The  word  delubrum  is  derived  from  the  same 
root  as  lavabrum  (or  labrum^jpoUubrum,  &c.,  and 
thus  meant  originally  a  place  of  purification  (for 
we  must  certainly  reject  the  derivation  from 
delibrare,  "  to  strip  the  bark  and  make  a  wooden 
image  "):  that  such  a  rite  of  purification  belonged 
to  the  old  unroofed  loca  sacra,  where  there  might 
be  merely  an  enclosure  with  an  altar  or  shrine, 
there  can  be  no  doubt ;  and  from  this  aspect  of 
purification  (which  in  later  temples  appears  in 
the  iaropparr^pia  or  labra)  such  a  sacred  space 
might  be  called  deluWum,  i.e.  the  dedicated  plot 
of  ground  within  which  were  rites  of  purifica- 
tion, and  so  in  the  Argean  procession  "  ad  aedem 
dei  Fidii  in  delubro  ubi  aeditimus  habitare  solet " 
the  delubrum  is  clearly  the  sacred  precinct,  as 
distinguished  from  the  aedes,  but  in  time 
delubrum,  like  sacellum,  was  used  both  for  the 
sacred  enclosed  spot  and  the  shrine  upon  it ;  cf. 
"  regiis  temporibus  delubra  parva  facta  "  (Yarro 
ap,  Non.  494),  where  the  delubra  are  contrasted 
with  the  later  and  more  stately  aedes  or 
templum.  We  are  here  speaking  only  of  strict 
definition.  In  poets  no  distinction  between 
aedes,  templum,  and  delvbrum  is  obser^'ed :  even 
Cicero's  usage  is  open  to  doubt,  though  it  may 
be  remarked  that  the  passages  cited  by  Mar- 
quardt  as  showing  a  promiscuous  use  of  the 
words  (N.  D.  ii.  43,  83,  and  various  passages  in 
the  Verrine  orations)  are  speaking  of  Sicilian, 
not  of  Roman  temples.  In  later  prose,  though 
not  in  Livy,  all  distinction  vanishes  (cf.  Plin. 
//.  N,  XXXV.  §  144  ;  xxxvi.  §  26). 

Though  fanum  is  found  in  a  general  sense  for 
any  locus  sacer  consecrated  by  the  pontifices,  but 
not  inaugurated  [Fanum],  and  so  often  means 
sacred  buildings,  aedes  or  sacella,  ns  well  as 
sacred  areas  such  as  lucl^  yet  it  is  also  true,  as 
Jordan  points  out,  that  the  strict  use  of  fanum 
did  not  include  aedes  or  actual  houses  of  the 
gods  at  Rome,  but  only  "  loca  sacra  cum  aris 
[or  later  also  "  cum  aediculis  "]  sine  tecto ; "  and 
that  when  it  is  used  of  temples  it  belongs  only 
to  temples  of  non-Roman  deities :  this  explains 
the  origin  of  fanaticus,  which  was  first  applied 
to  such  "  fanatic  "  priests  as  those  of  Isis.  (See 
further  on  this  subject  Marquardt,  Staatsver- 
wfiltung,  iii.'  151  ff. ;  and  especially  Jordan  in 
Hermes,  xiv.  567  ff,)  [G.  E.  M.] 

Temple  Arcuitectube. 

Greek  Temples, — Among  the  Greeks,  as  among 
most  Pagan  races,  the  temple  was  not  a  bailding 


774 


TEMPLUM 


Id  which  ■  coDgregatioD  met  and  norihip 
bat   was    rather    regarded    at  the  bouie 
treaauTf  of  the   god.*     In  the  mmt  primi 
timei  temple.  (In  the  later  mum  of  the  word) 
seem  to  have  been  very  rare,  their  place  being 
taken  bj  id  altai  in  the  open  air,  or  by  a  sacred 
■tone  (^TuAoi)  ithich  waa  both   the  lyiiibol 


les,  lect.  r.  The  kingly  heroei  of  Homer, 
■ueh  as  Odyajeui,  themMlTea  played  Ihe  part  uf 
a  priest,  anil  offered  aacrifice  to  Zem  Herkeioa 
on  the  altar  in  the  fore-cflart  of  their  palaces. 
Such  on  open-air  altar  vm  discoTered  by  Dr. 
DOrpreld  in  Che  courtyard  of  the  palace  at  Tiryna ; 
and  thit  domestic  altar  lurviTed  at  the  entruace 
of  Greek  houiea  loni;  after  actual  temples  had 
beon  built  [ke  DoilUS].     Other  primitive  fui 

hallow  trees,  the  former  being  osnally  associated 
with  the  cults  of  Chthooian  deities. 
lUr/ofar,  which  11  sometimes  applied  t 
of  Ctilhoaian  deities,  is  supposed  to  be  derived 
from  a  Phoeniciaa  word  DieasiDg  a  carern  or 
cleft  in  the  rock. 

The  next  stage  appears  to  have  been  the  con- 
strnc^on  ofa  small  cell-like  building,  consisting 
of  a  mere  cella  ormiirix  nithout  any  columns  or 
iubdirisioD  into  more  than  one  chamber.  The 
most  remarkable  eiamples  which  still  ciist  of 
this  early  form  of  temple  are  to  be  seen  in  thu 
Island  of  Euboea,  especially  one  near  Karystos, 
on  an  elersted  ute  on  Mount  Ocha,  overlooking 
tbe  sea.  This  is  a  rectangular  stone  buiiiting, 
about  40  feet  by  24  feet  (eiterually)  in  plan. 
In  one  of  the  long  sides  is  a  small  central 
doorway,  formed  of  three  large  blocks  of 
■tone,  between  two  slit-like  windows.  The  roof 
consists  of  targe  thin  (labs,  each  projecting 
beyond  Ihe  course  below,  till  they  meet  at  the 
ridge.  Light  and  air  are  given  by  a  bypaethral 
opening  in  the  stone  roof — a  long  narrow  slit, 
19  feet  long  by  18  inches  wide.  The  height  of 
tbe  wall*  internally  is  7  feet.  The  worship 
of  Hera  was  the  special  call  in  this  part  of 
Euboea. 

Tbe  words  nsed  by  the  Greeks  to  denote  tem- 
ples are  chiefly  these:  vaii,  or  in  Attic  rtms, 
equivalent  to  the  Latin  antes,  the  "  house  "  of 
the  god;  Itphr  fVequently  has  A  more  eitendej 
meaning,  including  not  only  the  tdis  but  also 
the  sacred  enclosure  around  it,  ri^ttas  (Thnc.  iv. 
90)  or  Iip^i  nipl^QXos.  In  other  cases  isp^vand 
roil  are  used  as  equivalent  terms,  as,  e.17.  by 
Pausanias  (viii.  ib,  §  3),  where  he  records  the 
building  of  the  Temple  of  Athene  Alea  at 
Teguea :  'Affigvai  T^t  'AA'oi  ri  UfAu  rh  ifxMr 
iwiiiiirir  'AXias  ■  XP^'V  1'  Sartpar  KaraaKted- 
gauro  ol  Trytarai  Tp  et$  ralir  niyar.  A 
peculiar  phrnse  is  used  by  Homer  (f/.  ix.  404) 
to  denote  the  Temple  of  Apollo  at  Delphi:  be 


*  Oner 

"i,ilt 

of  the  G 

legod.  ™il„ll. 

up.    Th' 

.  th 

Leniioi 

,and  Uie 

ElfUldnlon 

dar  of  festival  1. 

JVaitr.  p. 

jfl); 

sple  of  E 

Pl.tg.leli 

closed  (P 

(4).     In 

i«J--™,™ri 

;.pi,  i. 

™:.  ..J:,™ 

P««.  implyln 

«,p.  B8.) 

TEMPLUM 

calls  it  the  \iim  aliSit,  "stone  threshold."  u 
if  using  a  part  for  tbe  whole  building.  Other 
words  — such  as  fiiyaporj  iZuraf,  ipijcropor^ 
a7}K6s — seem  to  have  been  taken  Irom  term* 
originally  u^ed  for  parts  of  domestic  buildiai^s. 
meaning  "the  hall,"  "the  private  chambers," 
"the  royal  house,"  "Ihe  cell  or  inner  chamber." 
Tbe  words  niyapar  and  injuif  /iinrraiii  wrre 
especially  applied  to  the  abnormal  Hall  of  the 
Mysteries  at  Eleusis,  which  was  alio  called  the 

which  there  took  place.  Strictly  speaking,  il 
was  not  a  temple  at  all.  The  real  Temple  of 
Demeter.  which  stood  near  the  Hnll  of  Initiation, 
was  1  very  much  smaller  buildiag. 

Returning  to  the  development  of  the  Greek 
temple,  the  neit  stage  after  the  simple  njitoi, 
such  as  that  on  Uouat  Ocha,  was  probably  a 
building  with  a  prostyle  portico,  constmriF'i 
mainly  of  unburnt  brick  with  wooden  rnlnmDS. 
closely  resembling  the  hall  or  >i^apM  of  a  prr- 
Homeric  palace,  such  as  that  which  Dr.  Dorpfcld 
eicavated  within  the  Acropolis  of  Tiryna.  The 
accompanying  Egures  (I  and  2)  show  the  probable 


TEMPLUH 

anpcannn  of  this  hill  when  ptrfsct.  Both  in 
plan  md  in  it*  fifoda  it  ii  clcsrlj  tb<  prototf p« 
of  the  liter  atooe  tcmplci  of  the  Greeks.  Iht 
walli  vara  of  anbarot  brick,  coTcred  with  hard 
fine  itaeco  dtcorattd  irith  piiating  ;  the  lowest 
coDr»i  of  tha  wall  ware  of  itoae,  to  ■  height  of 
Kbout  two  feet  aboTe  the  ground,  in  order  to 
prevent  iajair  to  the  unbaked  clajof  the  bricks 
from  Tiling  damp.  A  lort  of  auTTiTal  of  thii 
■tructaral  itoua  plinth  exiited  even  in  the 
lateit  templs  of  the  Oreeks,  which  were  whoU; 
built  of  marhla:  the  lowest  coona  immadbtelf 


// 


VitraTio*  fiii.  2)  clauiRei  templei 

to  the  arTftngemeDt  of  their   colum 

following   maaner  ; — I.    Noii  ir  rof. ,^  ... 

aalit,   with  two  colnnins  between  the  atiae  of 
the  projecting  »de  walls  (see  fig.  3).     [Aht*B.1 


above  the  pave 


..ll,,.r,n, 


than  the  rat  of  the  maionif,  u  if  markinj 
a  changa  of  material  even  when  Done  eiitti. 
The   columni   hath  of  the  portico  Rnd  of  the 

canfuUy  levelled  block  of  stone. 

Thie  use  of  erode  brick  for  the  walls  and 
wood  for  the  eolamot  appean  to  haie  survived 
in  many  caaai  till  Terj  Ute,  more  eapecialljr  in 
the  private  houHs  of  the  Greek*.  Dr.  DOrpfeld 
hu  pointed  ant  thateven  the  .fferai'on at 01  jmpin 
wu  origioaltf  built  in  thii  primitive  fashion,  but 
that  stone  columns  were  introduced  one  bf  one 
su  the  wood  pilltn  decajfod.  Thus  wa  see 
columni  of  maoj  difTerent  dates  among  the 
eiiiting  remains.  Panaanias  (v.  ]6)  mantiona 
one  ancient  wooden  column  as  still  eiisting  in 
situ  in  the  Heraion  at  the  time  of  bis  visit.  Of 
the  walls  nothing  ramaini  bat  the  stone  plintb, 
carefnllr  levelled  to  receive  the  first  course  of 
crude  bricks,  so  the  original  wall  probablf  vita 
never  rebuilt  in  stone.  The  entnblolure  was 
apperently  of  wood,  like  the  columns,  as  no  re- 
mains of  stone  coraiee  or  architrave  were  fonod. 

Vitruviu*  (ii.  3)  describas  the  cartful  mauDer 
in  which  crude  bricks  (lateres)  were  made  by 
mixing  gravel,  pounded  pottery,  and  chopped 
straw  with  clay  which  had  been  long  eipoeed 
to  the  weather.  He  records  that  a  decree  of 
the  dly  of  Utica  ordained  that  none  of  these 
bricks  should  be  nsed  till  they  hiid  been  in- 
spected by  a  magistrate  to  see  if  they  were 
thoronglily  dried,  and  had  been  kept  the  re- 
quired time,  which  was  five  years,  after  they 
bad  been  monldad.     [Lateo.] 

In  1688  an  interesting  discovery  was  made  by 
Dr.  Halbherr  at  Qortyn  in  Crate,  lilxcavations 
on  the  site  of  the  Pj/Uum,  or  Temple  of  the 
FythiiD  ApoUo,  revealed  some  remains  of  an 
early  temple  bnilt  of  large  blocks  of  atone  with- 
out any  oment.  The  building,  which  from  the 
inscriptions  cut  on  the  outside  of  its  watis  is 
apparently  a  work  of  the  Tth  or  61b  century  bj^, 
conaisted  simply  of  one  rectangular  chamber,  a 
mere  cei^,  without  columns  or  pronaos ;  though 
in  later  times  apronooJ  was  added  in  front  of 
the  entrance.  A  very  interesting  point  about 
this  (irimttive  temple  was  the  fact  that  it  had 
been  linad  internally  with  plates  of  bronze,  like 
the  greafbeebive  tomb  "at  Mycenae,  and  other 
Greek  Btmct  urea  of  prehistoric  date.    The  bronie 


still  n 


h  liied  thesa  plates 
internal  fan  of  the  great  blocks  of  wnicn  lae 
walls  were  built.     (See  Halbherr  in  Moniaiumti 
antichi,  Part  L,  1889;  pnhlished  by  the  Acad. 

The  last  stage  of  the  development  of  the  Greek 
temple  was  a  bnilding  with  walls  and  columns 
wholly  of  stone  or  mnrble,  such  ns  those  of 
which  many  auunples  still  remaiu. 


IV.  n<p(irr(|Mt,      peripieros,     with     colnn 
along    both    sides    and    ends    (see    figure 

V.  Mtrtpot,  dipteni,  with  a  double   range 
columns  all  rounl  (see  figure  6).    VI.  Vei 


ilrrtpoi,  pieudo-diplem,  nith  one  range  of 
columm  odI}-,  but  placed  at  thr  bsme  diataocc 
from   the  cella  wall   »   the   ont«r   nogc   of 


be  lUln  leading  u  the  plleiy 


»e*A0«A«*«||i 

»o«eao«*e  •||| 

9  • 

3   S 
3  • 

^ 

•  o 

•  • 
0  e 

1  • 

•  ■ 

t  O 

a  • 

><f 

!  ° 

a  a 

)  o 

I  • 

1  ° 

«  o 

»  • 

: 

>  0 

.  »W.  i 

>  o 

p.*:G» 

•  a 

»  0 

•  e 

J  o 

o  o 

;>  9 

a  c 

)  a 

a  o 

►  o 

30  O   O  • 

a  0 

Booeoooeedll 

the  dipteral  temple  (Ke  fig.  7).  VII.  Ttvii- 
npdrrfpoi,  psevdo-ptripterat,  a  ajiother  T»ri(tT 
which  Vltmrini  doei  not  aire  id  hU  lut  (uL  1), 


>•••••• 


Tf 


Ui 


•  •   •••  AJ 


FIf.  1,  Tbe  grat  ecUMjile,  pteods-dipMnl  Tail>)e 
Id  tbe  agon  of  SelLom  In  SniubaD  Eidrr,  mill 
»  Hmtll  Ipoer  atoctuuy  {fldjftuai)  at  the  eod  of  Ihd 

though  he  mentioni  it  Utcr  on  (it.  S,  {  6>  Ttiii 
has  DO  complete  coIqidd)  along  the  iIiIb,  bgl 
hiilf  or  "  eiig>$;ed  **  colamui  bailt  into  the  lidc 


SJ^  or  earlier.  Thii  pliD  was  d 
Died  by  the  Greeki  for  tombs,  lacli  ai  tlie  li<>i 
tomb  at  Cnidaa,  thau  Tor  temples.  Among  tlie 
Romnni  It  waj  very  fWquentlf  uied,  u,  Cor 
eiBDiple,  ia  tli«  Temple*  at  CoDcord,  TeipaaiiB, 


TEMPLUM 

Fanatina,  and  the  so-called  Temple  of  Fortuna 
Yirilis  in  Rome.  The  main  ohject  of  this  plan 
was  to  give  greater  width  to  the  cella  (see 

fig.  8). 

The  last  class  named  b/  VitruTins  is  the 
HypaethroB^  which  appears  to  be  an  arbitrary 
class  of  his  own.  He  describes  the  hypaethral 
temple  as  having  ten  columns  at  each  end,  and 
being  dipteral  along  the  flanks.  Inside  the  cella 
are  two  tiers  of  columns,  one  above  the  other, 
supporting  the  roof,  in  the  middle  of  which  is  an 
opening  to  the  sky.  As  an  example  he  gives  the 
octastyle  Temple  of  Olympian  Zeus  in  Athens. 
The  real  fact  is  that  the  hypaethral  temple  does 
not  form  a  separate  category,  as  any  of  Vitru- 
Tius'  Ikst  three  classes  might  be  hypaethral,  the 
two  tiers  of  columns  being  common  in  Greek 
peripteral  temples,  as,  e,g,,  in  the  Parthenon, 
and  in  the  great  temple  at  Paestum,  where  some 
of  thtf  upper  range  of  internal  columns  still 
exist. 

It  should  be  observed  that  Vitruvius*  remarks 
about  Greek  temples  must  be  accepted  with 
great  caution.  He  evidently  knew  very  little 
about  them,  except  perhaps  some  of  the  largest 
Ionic  temples  in  Asia  Minor.  His  ignorance  on 
the  subject  is  shown  in  many  ways,  and  especi- 
ally by  his  statement  that  the  Doric  style  was 
unsuited  and  little  used  for  Greek  temples  (see 
Vitruv.  iv.  3,  §§  1,  2).  In  studying  Vitru- 
vius' very  interesting  work,  it  should  always 
be  remembered  that  he  wa^  rather  a  practical 
architect  than  a  learned  antiquary,  and  that  he 
had  little  or  no  personal  knowledge  of  Greek 
buildings'. 

Vitruvius  also  gives  different  names  to  temples 
according  to  the  number  of  columns  on  their 
fronts,  namely : — 

T«tpaoTvAo«,  tetrastyle,  with  four  colnmns. 
'E^otfTvAof ,  bexastyle,      „    six         ,; 
'OktootvAov,  octastyle,     „    eight      „ 
Anc^UrrvAM*  decastyle,      ,•    ten         „ 

A  peripteral  temple  could  not  be  less  than 
liexastyle,  nor  a  dipteral  temple  less  than  octa- 
style. 

The  sacred  Hall  at  Eleusis,  ^hich  was  quite 
nbnonnal  in  plan,  had  a  portico  with  twelve 
columns  in  front.  It  is  very  rare  to  find  a 
<}reek  temple  with  an  uneven  number  of  columns 
at  its  ends.  The  second  temple  in  point  of 
size  at  Paestum  has  nine  columns  at  each  end, 
together  with  a  central  row  of  columns  down 
the  middle  of  the  cella.  The  most  probable  ex- 
planation of  this  unusual  arrangement  is  that 
the  temple  was  dedicated  to  two  deities,  and 
therefore  was  divided  longitudinally  by  a  row 
of  pillars.  The  great  pseudo-peripteral  Temple 
of  Zens  at  Agrigentum  has  seven  engaged 
colnmns  at  each  end.  These  are  almost  the 
only  examples  of  Greek  temples  with  an  uneven 
nnmber  of  columns  at  the  ends.  The  number 
of  the  columns  on  the  flanks  varies  very  much, 
lut  is  usually  more  than  double  that  of  the 
fronts.  Thus,  for  example,  the  following  temples 
— which  are  all  Doric,  kexastyle^  peripteral — 
have  on  their '  flanks — ^Temple  at  Aegina  and 
Temple  of  Nemesis  at  Rhamnus,  12  columns ; 
Temple  of  Theseus  in  Athens,  the  so-called 
Temple  of  Hera  at  Agrigentum,  and  the  Temple 
of  Zeus  at  Olympia,  13  columns;  great  temple 
at  Paestum,  14  columns;   temples  at  Corinth 


TEMPLUM 


777 


and  Bassae,  15  columns ;  Heraion  at  Olympia, 
16  columns. 

Of  octattyle  temples,  the  Parthenon,  and  the 
great  Temple  of  Zeus  at  Selinus,  have  on  their 
flanks,  17  columns;  the  Corinthian  Temple  of 
Olympian  Zeus  in  Athens,  20  columns ;  the 
Ionic  decastyie  Temple  of  Apollo  at  Didyme  had 
21  columns. 

The  only  other  Greek  decastyie  temple  was 
the  Heraion  at  Samos :  the  number  of  columns 
on  its  sides  has  not  yet  been  certainly  discovered. 

Vitruvius  (iii.  3)  gives  the  following  list  of 
names  for  the  various  classes  of  temple  inter- 
columniationa  or  spans,  measured  from  column 
to  column  in  the  clear.  It  should,  howereri  be 
remembered  that  this  list  refers  only  to  late 
Greek  or  Roman  temples,  not  to  buildings  of  the 
best  Greek  period,  about  which  Vitruvius  seems 
to  have  known  nothing.  The  figures  in  this 
list  give  the  intercolumniations  in  terms  of  the 
diameters  of  the  shafts  at  the  low^est  part. 


SvffTvAoi 
Etfo'rvXof 
AidarvKos 
*A(Ku6(rrv\os 


»  2  e 

»    2i    4 

>      3      ( 

f   mor»  \ 
\  thus  / 


Pycnostyle. 

Systyle. 

Eustyle. 

Diastyle. 

Araeostyle. 


The  larger  Greek  temples  were  divided  into 
different  parts.  The  inner  space  within  the 
front  portico  was  called  the  wpovaos ;  that  at 
the  rear  was  the  posticwn  (see  fig.  5);  the 
principal  chamber,  which  usually  contained  the 
statue  of  the  deity,  was  the  celhi  or  <rriK6t :  it 
was  frequently  divided  into  a  '*  nave "  and 
''aisles"  by  two  ranges  of  internal  columns.  In 
some  cases,  as  in  the  Parthenon  and  the  temple 
at  Corinth,  a  chamber  at  the  back  was  walled 
off  from  the  rest  of  the  cella:  this  was  the 
iwi<r$69ofios ;  it  was  used  as  a  treasure  chamber. 
A  similar  chamber  in  the  Temple  of  Apollo  at 
Delphi  formed  an  inner  sanctuary,  rh  aBvroyi 
in  it  was  placed  the  gold  statue  of  Apollo,  the 
mystic  Omphalos,  and  other  sacred  objects  which 
only  the  priests  were  allowed  to  approach. 

One  or  more  staircases  were  frequently  in- 
troduced into  the  cella.  In  the  Temple  of  Zeus 
at  Olympia  the  stairs  {^poios  <rKo\th)  led  to  the 
(nrtp^Vf  or  gallery  over  the  aisles,  whence  a 
good  view  was  obtained  of  the  colossal  gold  and 
ivory  statue  by  Pheidias  (see  Pans.  v.  10).  In 
the  so-called  Temple  of  Concord  at  Agrigentum, 
the  two  stone  staircases  which  led  to  the  roof 
are  still  in  perfect  preservation.  Similar  stair- 
cases in  the  two  other  temples  at  Agrigentum 
still  exist,  though  they  are  not  so  complete  (see 
also  fig.  5).  In  many  cases,  as  in  the  Parthenon, 
these  stairs  appear  to  have  been  made  of  wood. 

In  the  Temple  of  Concord  (so  called)  at  Agri- 
gentum the  doorways  at  a  high  level  still  exist, 
which  gave  access  to  the  space  between  the 
wooden  roof  and  the  ceilings  of  the  pronaos  and 
posticwn.  In  some  temples  a  vestibule,  prodomuSj 
existed  behind  the  pranaoa  (see  Hg.  6). 

Stykbates  and  Step9. — ^The  base  or  stykbate  of 
a  Greek  temple  consisted  of  two  or  more  stepe, 
the  height  of  which  was  not  in  proportion  to  a 
i  man*s  stature,  but  was  fixed  by  the  height  of 
the  bnildinff.  The  usual  number  of  stcpa  in 
Doric  temjnes  was  three,  but  a  few  temples, 
such  aa  the  so-called  Theseum  in  Athens  and  the 


778 


TEMPLUM 


TEMPLIJM 


Heraion  at  Oljmpiay  only  had  two.  In  the 
larger  temples,  such  as  the  Parthenon,  the 
height  of  the  ^'  riser  "  of  the  steps  is  too  great 
for  practical  purposes  of  approach,  and  so  smaller 
intermediate  steps  were  introduced  at  certain 
places  to  give  convenient  access  to  the  raised 
peristyle. 

The  otlla  floor  is  usually  raised  two  or  three 
steps  above  the  peristyle.  At  Paestum  the  floor 
of  the  cella  of  the  great  temple  is  raised  to  the 
very  unusual  height  of  4  ft.  9  in.  above  the  top 
step  of  the  stylobate.  In  many  cases  the  central 
portion  of  the  cella  floor  is  slightly  sunk  below 
the  level  of  the  ^  aisles : "  this  was  probably 
intended  to  receive  any  rain-water  which 
descended  through  the  open  hypaethrnm,  or,  in 
some  cases,  to  form  a  shallow  tank  for  water  in 
order  to  correct  the  natural  dryness  of  the  air 
in  temples  which  contained  a  chryselephantine 
statue,  the  ivory  of  which  was  thought  to  suffer 
from  the  want  of  some  moisture  in  the  atmo- 
sphere (Paus.  V.  11).  In  the  Temple  of  Zeus 
at  Olympia  the  reverse  was  the  case,  the  sur- 
rounding country  being  damp  and  marshy,  and 
so  the  shiillow  sinking  in  front  of  Pheidias'  statue 
was  kept  full  of  oil,  which  was  also  used  as  a 
lubricant  for  the  ivory  when  it  was  cleaned  by 
the  official  <t>aidpvprai.  This  receptacle  was  made 
of  black  marble  with  a  kerb  or  rim  of  white 
Parian. 

The  paving  of  temples  was  usually  formed  of 
large  slabs  of  stone  or  marble:  those  in  the 
Parthenon  are  squares  of  white  marble  1  foot 
thick  and  about  4  feet  square.  In  some  cases 
the  internal  floor  was  made  of  a  fine  hard 
cement,  as,  e,g,  in  the  temple  at  Aegina,  where 
the  pronaos  and  the  central  portion  of  the  cella 
are  paved  with  cement  coloured  red.  So  also  the 
Heraion  at  Olympia  had  in  the  cella  a  paving 
of  red  cement. 

The  pronaos  of  the  Temple  of  Zens  at  Olympia, 
built  469-457  B.C.,  was  paved  with  a  curious 
early  kind  of  mosaic,  formed,  not  of  squared 
tesserae,  but  of  natural  pebbles  of  different 
colours  selected  from  the  bed  of  the  river 
Alpheus.  These  are  set  in  a  fine  white  cement 
on  a  thick  bed  of  concrete.  The  design  consists 
of  Tritons  and  sea-monsters  within  a  conven- 
tional border.  This  is  almost  the  only  example 
of  mosaic  of  the  Greek  period  that  has  been 
found,  though  mosaics  of  the  Roman  period  in 
Greece  are  far  from  rare. 

In  many  cases  an  open  gutter,  cut  out  of  long 
blocks  of  stone  or  marble,  was  placed  round  the 
lowest  step  of  the  stylobate  to  carry  off  the  rain- 
water which  fell  from  the  eaves  of  the  roof. 
The  water  from  the  roof  was  discharged  through 
lions'  heads  placed  at  intervals  along  the 
cymatium  or  top  member  of  the  cornice,  after 
the  fashion  of  a  mediaeval  gurgoyle.  Vitruvius 
(iii.  5,  §  15)  recommends  that  only  those  lions' 
heads  should  be  pierced  which  came  over  the 
centre  of  the  peristyle  columns,  to  diminish  the 
amount  of  falling  water  that  the  rain  could  blow 
towards  the  cella  wall,  each  column  acting  as 
a  shelter.  The  other  (unpierced)  heads  were 
merely  for  ornament.  The  rain-water  from 
the  gutters  w:is  carried  in  pipes  or  open 
channels  to  tanks  which  were  built  or  cut  in 
the  rock  at  various  places  near  the  temple : 
several  exu$t  in  the  Acropolis  of  Athens  close 
by  the  Parthenon. 


The  great  Ionic  temples  of  Asia  Minor  were* 
in  some  cases  rabed  on  a  lofty  stylobate,  con- 
sisting of  many  stepa  extending  all  round  the 
building.  The  Temple  of  Artemis  at  Ephesos, 
dating  from  the  time  of  Alexander  the  Great, 
was  constructed  with  no  less  than  fourteen  steps 
leading  up  to  its  peristyle :  this  great  height  wai^ 
however,  exceptional.  The  decastyle  Temple 
of  Apollo  at  Didyme  had  only  three  steps,. 
and  the  erection  of  temples  on  lofty  stylobates 
was  rather  a  Roman  than  a  Greek  custom. 

Roofs, — Greek  temples  were  roofed  with  simply 
framed  "  principals  "  and  strong  rafters,  oov^ed 
with  tiles  of  baked  clay,  or,  in  the  more  magni- 
ficent buildings,  with  slabs  of  white  marble 
jointed  and  fitted  with  the  closest  accuracy, 
so  that  not  a  drop  of  water  ^ould  penetraU. 
According  to  Pausanias  (v.  10),  marble  roof- 
tiles  were  invented  by  Euergos  of  Kaxos.  The 
magnificent  group  of  buildings  on  the  Acropolis 
of  Athens  were  all  roofed  in  this  costly  manner. 
Even  the  stone  Temple  of  Apollo  at  Bassae  was 
roofed  with  marble  tiles,  a  fact  which  Pausanias 
specially  records  (viii.  41)  as  one  of  the  chief 
glories  of  the  building.  In  no  part  of  a  Greek 
temple  was  more  elaborate  care  lavished  than 
in  the  formati<|tt  of  these  marble  tiles  (<rMXiirc5, 
tegulae) ;  each  was  '*  rebated  "  at  top  and  bottom 
to  give  the  closest  possible  fit,  and  each  side 
joint  was  covered  by  an  overlapping  **  joint- 
tile"  (icaXvirr^p,  mi6rfx),  the  edges  of  which 
were  ground  down  to  an  absolute  accuracy  of 
surface.  At  the  eaves  the  end  of  each  joint-tile 
was  covered  by  a  KoKwr^p  Jb^cfM^r^r,  oaic/ba, 
an  ornament  which  usually  was  sculptured  with 
a  lotus  or  acanthus  relief.  In  the  temple  at 
Bassae  each  joint-tile  was  worked  oat  of  the 
same  block  of  noarble  as  the  adjacent  roof-tile, 
involving  an  immense  amount  of  labour  and 
waste  of  marble. 

Ceilings. — ^The  peristyle,  and  in  some  cases 
the  pronaos  and  posticum,  had  ceilings  under  the 
wooden  roof  formed  of  great  slabs  of  stone  or 
marble  decorated  with  a  series  of  deeply-sonk 
panels  or  coffers  (lacunaria)^  all  worked  in  the 
solid,  and  ornamented  with  delicate  enri<^ed 
mouldings  round  the  edge  of  each  offset.  With 
regard  to  the  wider  span  of  the  cella,  it  is  on- 
certain  to  what  extent  inner  ceilings  were  con- 
structed. Probably  in  some  cases  wooden  ceil- 
ings with  square  IcKunaria  were  used ;  in  other 
cases  the  rafters  of  the  roof  and  the  underside  of 
the  marble  tiles  were  left  visible,  as  is  shown 
by  the  fact  that  marble  tiles  have  been  dis- 
covered with  traces  of  painted  omameBt  on 
their  lower  surface.  The  whole  visible  wood- 
work, whether  rafters  or  internal  ceiling,  was 
decorated  with  gold  and  colour,  like  the  rest  of 
the  building.  Vitruvius  (iv.  2,  2)  speaks  of 
roof-panels  painted  blue  by  the  wax  encaostic 
process. 

Screens. — Various  parts  of  a  Greek  temple 
were  usually  shut  off  by  elaborate  bronxe  screens 
or  grills  which  were  frequently  gilt.  Thus,  for 
example,  in  the  Parthenon,  tall  bronxe  screens 
closed  the  intercolnmniations  of  the  pronaos 
and  posticum.  Another  screen  surrounded  the 
chryselephantine  statue  of  Athene,  and  the 
•*  aisles  "  of  the  cella  were  screened  off  in  the 
same  way  from  the  central  space  in  front  of  the 
statue.  In  some  coses  these  metal  screens  rested 
on  a  marble  plinth,  but  more  commonly  they 


TEMPLUM 


TEMPLUM 


77» 


were  filed  by  melted  lead  into  the  paving  of  the 
temple. 

Doorways. — Eren  in  cases  where  there  was  a 
polished  marble  door  architrave,  as  in  the 
Parthenon  and  the  Propylaea  in  Athens,  it 
appears  to  have  been  usual  to  fix  an  inner  jamb- 
lining  of  wood.  This  wooden  architrave  and  the 
valves  of  the  doors  were  both  covered  with 
richly-worked  reliefs  in  gold  and  ivory,  at  least 
in  the  richer  temples.  Descriptions  of  this 
costly  decoration  are  given  in  the  treasure  lists 
of  the  Parthenon  (see  C.  I,  A.  ii.  708).  The 
heavy  gold  plating  and  ivory  reliefs  on  the 
doors  of  the  Temple  of  Athene  at  Syracuse  were 
stripped  off  by  Verres,  as  Cicero  states  in  his 
impeachment.  This  gold  plating  made  the  doors 
very  heavy,  and  so  they  were  hung,  not  on 
hinges,  but  on  massive  bronze  pivots,  which 
revolved  in  sinkings  in  the  lintel  and  sill  of  the 
opening.  Each  valve,  in  the  case  of  a  large 
doorway,  usually  ran  on  a  bronze  wheel,  the 
marks  of  which  are  plainly  visible  in  the  Par- 
thenon and  in  many  other  temples,  on  the  marble 
threshold  and  pavement. 

Temple  Treasuries  (thesauri,  Bii<ravpoC), — ^In 
some  temples,  as  e.g.  the  Parthenon  and  the 
early  temple  at  Corinth,  a  special  chamber,  the 
opisthodomusy  was  cut  off  from  the  rest  of  the 
cella  as  a  store-place  for  the  rich  treasures  in 
gold  and  silver  which  belonged  to  the  temple 
or  had  been  (deposited  there  as  if  in  a  bank. 
In  the  Parthenon  the  opisthodomus  appears  to 
have  been  fitteil  up  with  shelves  and  cupboards. 
Inventories  of  the  Parthenon  treasures  cut  on 
mnrble  which  still  exist  mention  various  objects 
as  being  on  the  first,  second,  or  third  shelf,  if 
that  is  the  true  meaning  of  the  arrangement 
according  to  fvfAoi,  Other  portions  of  the  Par- 
thenon treasure  were  kept  in  the  pronaos  and  iu 
the  cella,  iKaT6tiv(9o¥  or  Tlapd^yit^  proper 
(see  Newton  and  Hicks,  Attic  Inscriptions  in  the 
Brit.  Mus,y  Pail  I.).  In  other  cases,  when  there 
was  no  separate  treasure-room,  part  of  the 
pronaos  or  posticum  was  screened  off  from  the 
central  passage  and  used  as  a  store-place. 

In  later  times  some  of  the  most  venerated 
temples,  such  as  those  at  Delphi*  and  Olympia, 
grew  so  rich  in  cups,  tripods,  statuettes,  and 
other  votive  offerings  made  of  gold  and  silver, 
that  there  was  not  sufficient  room  to  hold  them 
in  the  temple  itself,  and  so  a  number  of  sepa- 
rate little  treasure-houses  were  built  within  the 
sacred  precincts.  These  were  often  named  after 
various  Greek  statr-  whose  offerings  were  kept 
within  them.  At  Olympia  a  long  row  of  these 
thesaiari  have  been  discovered :  in  design  they 
were  like  small  temples,  the  cella  having  either 
a  prostyle  portico  or  a  portico  in  antis. 

Materials  and  Construction.  —  The  earlier 
temples  were  chiefly  built  of  stone,  even  in 
districts  where  marble  was  plentiful.  Very 
coarse  local  stones  were  frequently  used,  but 
whether  the  stone  was  fine  or  coarse  it  was 
invariably  coated  with  a  thin  skin  of  very  fine 
hard  cement,  usually  made  of  lime  and  powdered 
marble  or  white  stone,  mixed  with  white  of  egg, 
milk,  or  some  natural  size,  such  as  the  sap  of 
trees.     This   beautiful    substance,   which    was 

*  For  an  account  of  the  Temple  of  Apollo  and  tbe 
treasures  of  Delphf,  see  Middleton,  Joum.  HtU.  StudieSt 

VoL  ix.,  1889,  p.  282  ttq. 


almost  as  hard,  white,  and  durable  as  marble- 
itself,  is  similar  to  the  caementtan  martnoreum,. 
the  making  of  which  is  described  at  length  by 
Vitruvius  (vii.  3,  §§  6-8).  The  use  of  this, 
marble  cement  not  only  protected  soft  stone- 
from  the  weather  and  made  the  temple  look  as- 
handsome  as  if  it  had  been  built  of  real  marble,, 
but  it  also  had  the  advantage  of  forming  a  good,, 
slightly  absorbent  surface  fyr  painted  decoration^ 
which  seems  always  to  have  been  applied  to 
Greek  buildings.  For  this  reason,  even  wheu 
the  temple  was  built  of  solid  marble,  it  was  not- 
uncommon  to  coat  it  with  a  thin  skin  or  primiwj- 
of  marble  dust  cement  for  the  use  of  the  painter.. 
In  some  of  the  early  stone  temples,  especially 
in  Sicily  and  at  Olympia,  terracotta  moulding^, 
and  enrichments  of  a  very  elaboj'ate  kind  were^ 
used  to  decorate  the  building.  In  some  cases* 
the  whole  of  the  entablature  was  simply  built 
in  squared  blocks  of  stone,  and  then  wholly 
covered  with  a  casing  of  moulded  terracottii,. 
very  carefully  jointed  and  fixed  with  bronze  pins. 
These  terracotta  casings  were  painted  with, 
elaborate  and  delicate  patterns  in  blue  and  red,, 
brown  and  white  ochres.  [Terraoottas.]  In. 
other  cases  the  mouldings  of  the  entablature- 
and  the  like  were  roughly  cut  in  the  coarse- 
stone,  and  then  the  fine  finished  mouldings  and. 
enrichments  were  worked  in  the  marble-dust 
cement  which  coated  the  whole  stone-work. 

By  degrees  marble  came  into  use  for  building 
temples;  at  first  in  a  very  sparing  way,  being- 
used   only  for  the  sculptured  reliefs,  and   not 
always  for  the  whole  of  those.     In  one  of  thc- 
temples  at  Selinus  no  marble  is   used  in   the 
building  except  a  few  small  bits  employed  for 
the  nude  parts  of  the  female  figures  in  the  me- 
topes.    All  the  rest  of  the  sculpture  is  of  the- 
local  limestone.     At  Bassae  the  use  of  marble- 
b  more  extended;  the  whole  of  the  sculpture- 
and  the  roof-tiles  are  of  marble.      At  Aegina 
the  sculpture  and  only  the  lower  courses  of 
tiles  were  of  marble.     A  further  extension  of  its 
use  was  in  the  last  Temple  of  Apollo  at  Delphi,  iu 
which  the  columns  of  the  front  were  of  marble^ 
all  the  rest  ofthebuilding  (except  the  sculpture) 
being    of   local  stone.      The  Alcmaeonidae  ot" 
Athens  were  the  contractors  for  this  temple;, 
and  though  their  contract  was  only  for  stone, 
yet  they  were  liberal  enough  to  supply  thesc- 
marble  columns  for  the  front  of  the  temple  (see- 
Uerod.  v.  62).     Lastly  the  whole  temple  fronv 
the  floor  to  the  roof  was  built  of  marble,  and  iik 
the  4th  century  b.c.  the  great  temples  of  Asia 
Minor  were  built  of  marble,  even  in  cases  where- 
no  marble  quarries  were  at  hand.     Coloured 
marbles,  though  largely  used  by  the  Romans,, 
were  but  little  employed  in  Greek  temples.* 

In  Athens  the  dark  grey  Eleusinian  marble- 
was  used  in  some  cases  for  steps,  pavements,  or 
plinths;  and  in  the  Erechtheum  the  main  ex- 
ternal frieze  was  made  of  this  dark  marble, 
ornamented  with  figures  carved  in  white  marble- 
in  half-relief,  and  attached  to  the  ground  with 
bronze  pins.     With  this  exception  nothing  but 

*  The  earliest  recorded  instanoe  of  the  use  of  coloured, 
marble  in  a  Greek  or  semi-Greek  building  was  at  Hali- 
camassus,  where  the  palace  and  tomb  of  King  Manssolus^ 
who  died  in  353  b.c.«  were  decorated  with  linings  o£' 
Proconneslan  marble  (.see  Pliny,  B.  N.  xxxvL  ^  AVt 
Macsolbum). 


;780 


TEMPLUM 


TBMPLUM 


white  marble  was  oaed  in  the  Athenian  temples 
4ifter  the  Persian  war,  at  least  above  the  ground- 
iine.  The  native  limestone  (xApos)  was  com- 
.monly  nsed  for  foundations.  Many  different 
kinds  of  decorative  materials  were  used :  rosettes 
^nd  other  ornaments  of  gilt  bronze  were  fre- 
quently attached  to  the  eyes  of  the  volutes  of 
Ionic  capitals,  and  in  the  centres  of  the  panels  of 
the  kumnaria  of  the  ceilings.  Bits  of  coloured 
^lass  or  enamels  of  brilliant  tint  were  inlaid  in 
.the  interstices  of  the  plait-band  ornaments  of 
.Ionic  capitals  and  bases.  The  Erechtheum 
■especially  was  enriched  with  bronze  and  enamel 
•ornaments  of  many  kinds.  Rings  of  gold  orna- 
ment decorated  the  bases  of  the  Ionic  columns 
<^f  the  Artemisiou  at  Ephesus,  and  we  read  of 
the  joints  in  a  temple  wall  at  Cyzicus  being 
.marked  with  lines  of  gold  inlay  (see  Pliny,  H,  JV. 
jixxr'u  §  98> 

In  the  marble  masonry  of  the  finest  Greek 
temples  extraordinary  care  was  taken  to  fit  each 
7}lock  closely  to  the  next.     Each  block  was  first 
<cut  and  rubbed  to  as  true  a  surface  as  possible, 
.and  then,  after  it  was  set  in  its  place,  it  was 
moved   backwards  and  forwards  till   by  slow 
.^rinding  it  was  fitted  with  absolute  accuracy  to 
the  block  below  it.    The  drums  of  the  columns 
•were  ground  true  in  the  same  way  by  being 
revolved  on   a  central   pin  fixed  in  a  wooden 
socket,  which  was  let  into  the  centre  of  the  bed 
of  the  drum.    Small  projecting  blocks  of  marble 
«{«^a)  were  left  by  the  masons,  first  to  give  a 
.iiold  to  the  loops  of  rope  while  the  drum  was 
•hting  raised   to  its  place,  and  secondly  these 
projections  formed  a  sort  of  handle  by  which  the 
.great  drum  of  marble  could  be  made  to  revolve. 
Of  course,  with  such  perfect  fitting  as  this,  no 
cement  or  mortar  of  any  kind  was   used,  and 
with  time  and  pressure  the  adjacent  blocks  seem 
.in  many  cases  to  have,  as  it  were,  grown  to- 
gether, so'  that  when  a  portion  of  the  wall  is 
rthrown  down  a  fracture  will  often  run  diagonally 
Ihrough   two    blocks    of   marble    rather  than 
separate  the  two  at  the  joint.     In  the  absence 
-of  cement  great  labour  and  much  metal  were 
expended  in  fastening  each  block  with  bronze  or 
iron  clam|w  and  dowels,  all  carefully  fixed  with 
melted  lead.    Every  block  in  the  Parthenon,  for 
•example,  is  not  only  clamped  to  the  adjacent 
<blocks  in  the  same  course,  but  is  fixed  by  upright 
-dowels  to  the  courses  above  and  below, — a  re- 
.finement  of  precaution,  which  to  modem  builders 
would  seem  quite  needless ;  there  being  no  side 
thrust,  and  the  blocks  being  of  such  great  size 
■and  weight  as  to  be  in  no  danger  of  any  move- 
ment, except  perhaps  during  an  earthquake. 

Optical  refinements, — ^Nothing  in  the  way  of 
liuman  workmanship  can  be  more  wonderful 
.than  the  perfection  and  minute  accuracy  with 
which  every  part  of  a  Greek  temple  of  the  best 
^eriod^was  executed.  The  very  elaborate  system 
of  curved  lines  and  inclined  axes,  which  the 
highly  sensitive  eye  of  the  Greek  thought 
necessary  to  the  beauty  of  a  building,  shows, 
jnore  clearly  than  anything  else,  how  far 
superior  to  ours  were  the  aesthetic  perceptions 
and  the  delicately  trained  eyesight  of  the  ancient 
Oreek.  The  general  principle  of  the  optical 
corrections  used  by  the  Greeks  is  explained  by 
Yitruvius,  though  he  appears  not  to  have  been 
.acquainted  with  all  their  refinements.  He  writes 
<vi.  2,  §  1) :  "  Acurainis  est  proprium  providere 


ad  naturam  loci  aut  nsum  aut  speciem  detrao- 
tionibus  vel  adjectUmUmt  temperaturas  efficere, 
uti,  cum  de  symmetria  sit  detractum  aat  ad- 
jectum,  id  videatur  recte  esse  formatom,  in 
aspect nque  nihil  desideretur." 

A  careful  study  of  existing  Greek  temples,  and 
especially  of  the  Parthenon,  has  shown  that  the 
following  classes  of  optical  corrections  were 
used.* 

I.  Entasis  (aJjectio)  of  columns  (Vitruv.  iil  3, 
§  13) :  the  lines  of  the  shafts,  instead  of  diminish- 
ing regularly  from  bottom  to  top,  are  slightly 
convex,  giving  a  very  delicate  swelling  to  the 
central  part  of  the  shaft.  A  column  formed 
with  straight  lines  appears  to  get  thinner  thin 
it  ought  towards  the  middle,  owing  to  the  effect 
of  the  light  behind  it,  which  appears,  as  it 
were,  to  eat  into  or  encroach  upon  the  colonm, 
especially  midway  between  the  top  and  bottom. 
This  ewtasiB  is  the  only  one  of  the  many  opticsl 
refinements  of  the  Greeks  which  is  used  in 
modem  buildings. 

II.  'llie  columns  at  the  angles  of  peripteral 
temples  were  made  slightly  thicker  than  the 
rest,  and  the  intercoluroniations  at  the  angles 
were  reduced.  The  object  of  this  was  to  pre- 
vent the  angle  columns  from  appearing  thinner 
than  the  others  on  account  of  their  being  seen 
against  a  brighter  background  than  those  which 
showed  against  the  cella  walls — a  dark  object 
always  appears  smaller  againat  a  bright  ground, 
such  as  a  sunny  sky,  than  if  seen  with  a  dark 
ground  behind  it. 

IIL  The  main  horizontal  lines  of  the  temple 
were  formed  slightly  convex,  in  order  to  prevent 
an  appearance  of  weakness  and  sinking  in  the 
middle.  Thus  the  steps  and  floor  of  the  stjlo* 
bate,  and  the  horizontal  lines  of  the  entablature, 
have  a  very  slight  and  delicate  curve,  the  rise 
varying,  e.g,  in  the~  Parthenon,  from  ^  to  f||  of 
the  length. 

IV.  An  inward  slope  of  all  vertical  lines  and 
planes  to  give  an  appearance  of  stability*  The 
columns  were  not  set  upright,  but  all  slt^wd 
inwards  towards  the  building.  The  oella  walk 
were  built  *<  battering ; "  that  is,  thicker  at  the 
bottom  than  at  the  top.  Even  the  principal  flat 
surfaces  of  the  capitals  and  entablature  weft 
made  so  as  to  slope  inwardA. 

V.  In  some  cases  when  the  point  of  sight  is 
near,  and  the  moulding  high  up,  as  with  the 
capital  of  an  anta,  the  chief  planes  of  the 
moulding  slope  forwards  instead  of  inwards,  to 
correct  the  excessive  foreshortening  which  other- 
wise would  prevent  the  vertical  flat  sur&ces 
from  being  seen  from  below. 

A  very  interesting  inscription  has  been  dis- 
covered at  Lebadea  in  Boeotia,  giring  the 
specification  for  the  partial  rebuilding  of  a 
temple  there  to  Zeus.  It  gives  many  cnriofis 
details  about  the  constmction  of  the  building, 
and  contains  the  following  claiue  about  the 
optical  corrections  which  were  to  be  used:  rk 
Bi  i\KBi  5<ro  fih  iw  Tg  mrffpoi^  yeypdrrm 
Kara  rhp  Karovruchtr  r6fia¥  ical  pmomoMr  f^th 
— '*  as  concems  other  matters  not  written  in  the 
specification,  let  them  be  done  according  to  the 


*  For  Airther  Information  on  tbis  anl^fect.  the  itodnl 
Is  referred  to  the  very  valuable  work  on  AtMemm 
ArchiUcturt  hj  F.  C.  Penrose,  2nd  edit.,  1888,  pohUited 
by  the  Dilettanti  Society. 


TEMPLX3M 


TEMPLUM 


781 


n 


Optical  rules  for  the  construction  of  temples 

Cs««  Choisy,  Etudes  ^pigraphijues  sur  V Archie 
tffcture  Greoque,  p.  173  seq.). 

Pig.  9  shows  in  a  very  exaggerated  form  the 
most  important  optical  corrections  in  the  Par- 
thenon, as  discovered  by  Mr.  F.  C.  Penrose. 


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OPTICAL  CORRECTIONS 
JJlJCh!£-£ABIM^.ON. 


Fig.  9.  Dlagnm  showing  the  ▼arions  optical 
oorrecfcions  used  In  the  Parthenon. 

Each  block  of  marble  is  worked  accurately  so  as 
to  form  its  proper  proportion  of  these  delicate 
curres,  which,  e^.  in  the  entablature,  amounts 
only  to  a  rise  of  2  inches  in  100  feet  of  length. 

The  general  system  of  design  in  a  Greek 
temple  is  rery  different  from  that  of  such  a 
building  as  a  Gothic  cathedral.  In  the  latter 
the  nuxhde  or  unit  of  scale  has  some  relation  to 
the  height  of  the  human  figure,  and  great  size 
ii  gained  by  multiplying  parts,  not  by  merely 
magnifying  the  scale.  In  a  Greek  temple  the 
module  or  unit  is  the  diameter  of  the  external 
columns,*  and  a  large  peripteral  temple  may  be 
exactly  like  a  small  one  with  all  its  parts 
magnified.  Thus  in  the  largest  temples  the 
doorwar,  magnified  in  proportion  to  the  size  of 
the  oolumns,  has  no  relation  to  the  human 
height ;  and  in  details,  such  as  the  entablature, 
a  large  coniice  will  have  no  more  members  than 
a  small  one,  but  merely  each  member  increased 
in  size.  Beautiful  and  unrivalled  in  execution 
as  Greek  architecture  is,  this  want  of  adapt- 
ability, which  comes  from  the  use  of  a  single 
external  order*  only,  is  a  very  real  practical 
defect. 

Metftods  of  Decoration  in  Oreek  Temples. 

Sculpture, — ^In  Doric  temples  the  usual  parts 
which  were  decorated  with  sculpture  were  the 
pediments  or  triangular  gables  at  the  ends :  these 
nsually  contained  groups  of  figures  in  relief  or  in 
the  round.  The  metopes,  or  panels  between  the 
triglyphs  over  the  architrave,  were  filled  with 

*  Tltruvins  (Iv.  3»  $  4)  makes  the  tnoduluM  a  half- 
diameter  of  the  column  for  convenlenGe  of  calculation, 
but  the  real  unit  is  the  whole  diameter  of  the  shaft  at 
the  bottom,  sa  he  has  it  at  111.  3,  p. 


reliefs :  in  some  cases,  as  in  the  Parthenon,  every 
external  metope  contained  a  relief;  in  other 
cases  only,  those  on  one  or  both  ends,  llie 
celebrated  Parthenon  frieze  {(w>^pos)  was  set 
within  the  peristyle  at  the  top  of  the  cella  wall. 
At  Bassae  the  frieze  was  inside  the  cella,  over 
the  '*  engaged  "  columns  which  projected  from- 
the  side  walls  of  the  cella,  and  there  were  also" 
sculptured  metopes  inside  the  peristyle.  In 
Ionic  and  Corinthian  temples,  which  had  no- 
triglyphs  and  metopes,  a  continuous  sculptured 
frieze  was  usually  carried  along  the  main  en-- 
tablature.  The  Artemision  at  Ephesus  w^  not 
only  decorated  with  pedimental  sculpture  and 
an  external  frieze,  but  a  number  of  its  columnir 
had  their  lower  drums  sculptured  with  life-sizedr 
figures  in  relief — the  columnae  caelatae  of  Pliny, 
If,  N.  xxxvi.  §  95.  In  addition  to  this  some  of 
the  columns  were  set  on  square  sculptured^ 
plinths.  Even  the  older  temple  to  which 
Croesus  was  a  liberal  benefactor  had  columns- 
decorated  with  reliefs  in  the  same  way. 

Some  Greek  temples,  such  as  that  at  Bassae- 
and  the  Heraion  at  Olympia,  were  constructed 
with  a  series  of  recesses  separated  by  engaged' 
columns  along  the  side  walls  of  the  interior  of 
the  cella.  These  were  designed  to  hold  single- 
statues  of  the  deities.  The  celebrated  Hermea 
of  Praxiteles  stood  in  one  of  the  shrine-like  re- 
cesses of  the  Heraion  at  Olympia.  The  more- 
celebrated  temples,  especially  those  n^hich  stood 
on  the  site  of  some  great  agonistic  contest — 
such  as  Delphi,  Corinth,  and  Olympia — were- 
crowded  with  votive  statues,  both  inside  the 
cella  and  in  the  portico  and  peristyle.  At 
Olympia  and  Delphi,  before  the  Roman  spolia- 
tion, the  statues  in  and  around  the  temples 
must  have  been  numbered  by  the  thousand.  A 
very  large  proportion  of  these  were  of  bronze,, 
in  many  cases  thickly  plated  with  gold.  Even 
in  Pliny's  time  the  sacred  periboli  af  Olympia 
and  Delphi  still  contained  fully  3,000  statues 
each  (J7.  N.  xxxiv.  §  36) :  and  at  the  time  of 
Pausaniaa'  visit  to  Delphi  they  must  have  been 
more  numerous  still  (see  his  long  account  of 
them  z.  8-15, 18, 19,  and  24).  He  names  nearly 
150  statues  at  Delphi  as  being  worthy  of  special' 
notice. 

The  principles  of  composition  which  were- 
applied  to  the  sculpture  on  Greek  temples  were- 
mainly  these : — In  the  pediments  the  interest  of 
the  motive  usually  converged  towards  the'centre. 
In  a  continuous  frieze  the  interest  was  more 
distributed;  in  the  Parthenon  frieze  it  culminates 
in  the  central  group  over  the  main  entrance.  In 
the  metopes  combats  were  favourite  subjects, 
giving  strongly-marked  diagonal  lines  of  com- 
position,  which  formed  a  pleasant  contrast  to 
the  vertical  lines  of  the  triglyphs.  When  a 
continuous  frieze  was  sculptured  with  battle 
scenes,  as  is  the  case  at  Bassae,  the  composition 
formed  a  series  of  zigzag  lines  which  gave  a 
continuous  flow  of  action.  In  all  cases  greatr 
care  was  taken  by  the  Greek  sculptor  to  make- 
his  work  harmonise  with  its  architectural  sur- 
rounding, very  unlike  modem  sculpture  on 
buildings,  which  usually  has  no  more  relation 
to  its  position  than  if  it  were  a  mantel-piece 
ornament. 

Fainting. — Rich  painted  decoration  in  brilliant 
colours  seems  to  have  been  used  to  ornament  all 
the  Greek  temples.     Even  the  sculpture  wa»- 


782 


TEMPLUM 


TEMPLUM 


painted,  either  wholly  or  simply  set  off  by  a 

•coloared  background,  and  enriched  with  borders 

.-and  other  patterns  on  the  drapery.     Accessories, 

^uch  as  weapons,  trappings  of  horses  and  the 

like,  were  nsually  of  gilt  bronze.     The  monld- 

Tings  of  the  entablatures,  capitals,  and  other 

parts  were  all  picked  out  in  red,  blue,  and  gold, 

-with  very  minute  and  elaborate  patterns  painted 

on  the  larger  members,  in  the  coffers  or  panels 

of  the   IcKunariOj  and    on   the  cross-beams  of 

marble  which  supported  the  great  ceiling  slabs 

-over  the  peristyle.     Certain  enriched  mouldings, 

jtuch  as  the  "bead  and  reel,"  appear  to  have 

been  nearly  always  gilt,  and  in  almost  all  the 

patterns  of  the  richest  temples  thin  bands  of 

^old  were  used  to  separate  and  harmonise  the 

brilliant  tints  of  colour. 

The  interior  of  the  temple  walls  was  often 
•covered  with  large  paintings  of  figure  subjects : 
iin  ^he  Parthenon,  for  example,  the  pronaos  con- 
tained a  painting  of  the  rock  Aomus  and  the 
fissure  which  drew  into  it  birds  flying  over  it. 
In  the  cella  were  portraits  of  Themistocles  and 
Heliodorns  (see  Pans.  i.  2,  37):  and  Pliny' 
'(^ff.  N.  xxxr.  §  101)  records  that  in  the  portico 
■of  the  Parthenon  was  a  painting  by  Protogenes 
of  Cannus,  representing  the  sacred  triremes 
Paralus  and  Ammonias.  Similar  pictures  de- 
corated the  internal  walls  of  most  Greek 
temples. 

Votive  shields  of  gilt  bronze  were  frequently 
attached  to  the  architraves  of  Greek  temples,  as 
was  the  case  with  the  Parthenon,  the  Temple  of 
Zeus  at  Olympia,  and  that  of  Apollo  at  Delphi 
(Pans.  V.  10,  2,  and  x.  19,  3).  Part  of  the 
Parthenon  architrave  was  decorated  with  hang- 
ing wreaths  or  festoons  of  flowers  worked  in 
bronze.  The  positions  of  these  and  of  the  shields 
are  still  marked  by  the  stumps  of  the  bronze 
pins  which  fixed  them  to  the  marble.  In  some 
cases  sets  of  votive  armour  and  weapons  were 
hung  to  the  cella  walls,  both  inside  and  out,  as 
-well  as  ex'Votos  of  many  other  kinds. 

Orientation. — Greek  temples  are  usually  placed 
with  their  axes  east  and  west :  the  front  is  com- 
monly towards  the  east.  There  are,  however, 
•exceptions  to  this  rule :  the  Temple  of  Apollo 
at  Bassae  stands  north  and  south,  but  has  on  its 
«ast  flank  the  unusual  feature  of  a  side  door, 
placed  near  the  statue  of  the  god — possibly  to 
allow  the  rays  of  the  rising  sun  to  strike  the 
statue  of  Apollo,  who  was  there  worshipped  as 
the  deliverer  from  a  fearful  pestilence  which  had 
devastated  the  neighbouring  city  of  Phigaleia, 
.about  the  middle  of  the  5th  century  B.C. 

Greek  temples  of  the  historic  and  autonomous 
period  were  built  in  two  styles,  Doric  and  Ionic, 
'The  Corinthian  style  belongs  to  a  later  period. 

Doric  Temples. — In  the  mainland  of^  Greece, 
in  Magna  Graecia,  and  in  Sicily,  the  Doric  style 
was  the  flrst  to  be  developed.  Almost  all  the 
•existing  Greek  temples  in  these  countries  are 
Doric.  The  chief  archaisms  or  points  of  differ- 
ence between  the  early  and  the  fully-developed 
Doric  temples  are  these : — ^In  the  older  examples 
the  columns  are  proportionally  shorter  and 
thicker,  the  architrave  is  heavier,  the  inter- 
columniation  is  closer,  the  diminution  of  the 
shafts  of  the  columns  is  proportionally  greater ; 
the  abacus  of  the  capital  is  shallow  and  wide- 
spreading,  the  echinus  of  the  capital  is  formed 
^vith  a  more  bulging  curve.    Entasis  and  other 


optical  refinements  are  used  in  a  limited  and  im* 
perfect  way.  The  shafls  of  the  columns  are  as 
far  as  possible  monolithic ;  marble  is  used  very 
sparingly  or  not  at  all. 

The  largest  number  of  early  Doric  temples 
which  still  exist  are  in  Sicily;  at  Syracuse, 
Agrigentum,  Selinus,  and  Segesta.  Another 
example  of  very  early  date  is  the  temple  at 
Corinth.  Of  the  later,  fully-developed  Doric, 
the  chief  examples  are  in  Athens,  and  at  Batsae 
in  Arcadia. 

The  temple  in  Aegina  occupies  an  intermediate 
position  in  point  of  date.  With  regard  to  the 
oldest  existing  temples  it  is  impossible  to  fix  any 
exact  date ;  there  is,  however,  little  doubt  but 
that  the  two  earliest  temples  at  Selinus,  and  one 
in  Syracuse,  of  which  very  little  more  than  two 
columns  now  exist,  are  not  later  than  the  end 
of  the  7th  century  B.a  The  latest  Greek  Doric 
temple  of  which  any  remains  still  exist  is  pro- 
bably that  of  Athene  Alea  at  Tegaea,  which  was 
designed  by  Scopas  in  the  early  part  of  the  4th 
century  B.a  (see  Pans.  viii.  45). 

The  main  characteristics  of  the  Doric  style 
are  these — columns  without  bases,  with  shallow 
flutings  not  separated  by  a  fillet.  The  capital 
consists  of  a  square  abacus  resting  on  a  slightly 
curved  cushion-like  member,  which  is  called  the 
4xi*^os  (echinus) J  from  its  resemblance  to  the 
shell-fish  popularly  called  a  sea-urchin.  The 
architrave  which  rests  on  the  abaci  of  the 
columns  is  plain,  without  any  sinkings  or 
fasciae^  such  as  are  used  in  the  Ionic  style. 
Above  the  architrave  comes  the  frieze,  which  is 
divided  into  triglyphs  (rptyKl^y,  and  metopes 
(/tcra  drds).  As  Vitruvius  quite  correctly 
points  out  (iv.  2),  the  Doric  order  is  a  survival 
in  stone  of  a  primitive  method  of  constmction 
in  wood. 

The  grooved  triglyphs  were  copies  of  the  ends 
of  the  tie-beams  of  the  roof  principals.  The 
holes  in  the  upper  course  of  the  wall  in  which 
the  tie-beams  rested  were  called  (j^irut),  and 
hence  the  intermediate  spaces  were  the  pur* 
6irai,  metopes.  In  the  early  wooden  buildings  the 
metopes  were  frequently  left  open  to  admit  light 
and  air  (see  Eur.  Iphig.  113);  and  in  domestic 
buildings  they  probably  served  as  an  exit  for 
the  smoke  from  the  central  hearth  (Fvrria)  in 
the  middle  of  the  fiiya^v  or  hall.  In  later 
times  the  metopes  were  closed  and  decorated 
with  painting  or  sculpture. 

Above  the  Doric  frieze  was  the  cornice,  the 
third  and  last  part  of  the  entablature :  this  was 
very  simple,  consisting  mainly  of  a  deep  orer- 
hanging  block  with  a  plain  flat  surface  called 
the  coronoy  and  on  its  soffit  or  under-side  a 
series  of  mutules,  covered  with  three  rows  of 
three  circular  projections,  guttae.  The  mntules 
were  survivals  in  stone  of  the  ends  of  the  small 
rafters,  which  showed  above  the  ends  of  the 
tie-beams.  The  top  member  of  the  cornice, 
cymatitan,  was  origiDally  the  upturned  edge  of 
the  eaves'  tiles,  and  was  pierced  at  intervals  to 
allow  the  rain-water  to  escape  (see  fig.  10). 

The  description  already  given  of  the  plans  and 
general  arrangement  of  Greek  temples  applies  to 
those  of  the  Doric  style,  except  that  no  Doric 
decastyle  temple  appears  to  nave  been  built, 
though  the  dodecastyle  portico  of  the  Hall  of 
the  Mysteries  at  Eleusis  had  columns  of  the 
Doric  order.    This,  however^  was  not,  as  is  men- 


TEMPLUM  783 

Parthenon,  1883).  There  i«,  howerer,  little  real 
evidence  to  inpport  thii  theory,  and  the  eipla- 
nation  would  not  apply  to  thoee  nameroui 
templei  vhich  had  do  "aulea"  or  iatenuil 
cola  mill  to  BUpport  b  gallery. 

The  gsainl  ippeannee  of  the  fafade  of  a 
Doric  temple  ig  ihona  in  th«  anneied  figure 
(No.  tl)  of  the  temple  at  Aeglna,  u  reitored  by 


iu-S'-J 

HUH}DfllMCfl 

■Bla. 

The  method  id  which  Greek  templei  were 
lighted  is  ■  rather  difGcnlt  problem :  vricitowi 
were  not  nied  till  Raman  time*,  and  it  appean 
fairly  certain  that  tome  form  of  opening  in  the 
roof  iiwiuar,  AgpariAmm)  wai  the  uinal  way  in 
which  lirht  wai  admitted  into  the  c«]U.*  Prof. 
Cockfrell  found  at  Bauae  one  of  the  marble 
roof-Ules  which  had  formed  the  border  to  »me 
anch  openJQgp  A  railed  rim  or  kerb  wai  worked 
on  the  tile  lo  ai  to  prarent  water  dripping  from 
l^e  roof  into  the  interior.  The  eiiitiDg  circular 
lij/paelhraai  in  the  dome  of  the  Pantheoa  in  Roma 
ihowi  the  great  aesthetic  beanuty  of  inch  a 
method  of  lighting;  the  IncoDTenience  from  rain 
falling  on  to  the  marble  paving  ii  comparatirety 
slight. 


inrriTal  of  aentiment  in  fkTour  of  having 
part  of  a  temple  >iA  divo.  Both  religioue  and 
poetical  notioDi  have  almoit  alway*  cloiely  ai- 
«oci(tad  the  notion  of  the  visible  iky  with  the 
abode  of  Qod.  Support  it  gi>en  to  the  bypoe- 
thral  theory  of  lighting  by  a  cuiioni  passage  of 
Juitin,  ixiv.  S,  who  relat«  that  whin  Delphi 
wai  attacked  by  the  GauU  the  Fythia  and  the 
prfnti  cried  out  that  they  law  Apollo  deicead- 
ing  through  the  roof  opening  of  the  temple — 
"com  M  Tidiiie  deiilientem  In  templum  per 
aperU  culminii  faitigia,"  An  ingeniout  theory 
wai  invented  by  Mr.  Jamei  Ferguuon,  that  the 
hypaetbnim  or  ivoisr  wai  not  over  the  central 
•pace  of  the  cella,  hut  that  there  was  one  on 
«ish  aide  over  the  aiaie  galleriei;  the  light  being 
admitted  eidewayi,  through  window*  Uke  thoM 
of  1  mediaeval  clerutory  (*e«  FergnseoD,  Tie 


'Tliiwl . 

<^  On  Una  of  GoniluUne,  o: 


te  Encfatlienm  wi 


It  It  peripteral 
1  (1h   eiiiUng 


Tbepedi- 


le  Prot  CockerelL 

Cockerell  from  the  (lilting  remaini 
ment  hai  fslUo,  and  the  icnlptur 
Hnnich,  but  mut  of  the  column*  are  very  per- 
fect. The  date  of  thi*  temple  ii  probably  about 
themiddleor  latter  part  of  the  6th  century  B.C. 
It  ihould  be  observed  that  lome  templei  of 
the  Doric  style  had  inteTnal  columns  of  a  dif- 
ferent order.  The  colamni  in  the  opiit'  ' 
if  the  Parthenon  vere  probabljr  Ionic,  f 


the 


of  the  cella 


e  [on 


ii  probable  that  the  a 
the  pronaos  and  poiticam  were  Ionic,  while  those 
inside  the  cells  vera  Corinthian  (lee  Pans.  viiL 
45,  §3>m.).  The  Propylaea  of  the  Athenian 
Acropolii  hai  a  liuiilar  combination  of  the  Doric 
with  the  Ionic  ityli. 

In  the  earlier  temples  all  the  columns  leem  to 
hnve  been  Doric,  ai  we  lee  in  the  great  temple 
nt  Paettum,  where  the  internal  columns  still 

The  so-called  Temple  af  Demeter — or,  more 
correctly,  the  Xqiiit  /Hirruiii — at  Eleusii,  wa* 
a  completely  diflerent  building  from  ordinary 
Oreek  temples,  ■*  it  wa*  a  great  hall  of  meeting 
for  those  initiated  Into  the  myiterie*  of  Demeter, 
Kore,  and  other  Chthonian  deities.  It  ha* 
recently  been  excavated  and  plans 


cf.  a 


>Pau>. 


38). 


1  lar 


e  hall 


,rge  iqna 

three  sidei,  then  were  two  doorways,  lii  in  all. 
The  fourth  lide,  which  was  built  agaioit  the 
acarped  face  of  the  hill,  bad  do  entrance  on 
the  ground -floor.  It  appean  probsbls  that 
the  building  wa*  in  two  storiei.*  On  the 
ground-Hoor  eight  tiers  of  step-like  seats  were 


11  probsblj  n 


1  for  the  prodDc. 


784 


TEMPLUM 


placed  against  all  four  walls;  the  lines  of 
seats  being  broken  only  by  the  doorways.  In 
front  was  the  great  Doric  dodecastyle  portico 
bnilt  by  Philo  in  the  4th  century  B.C.  The  plan 
of  the  whole  building  is  Oriental  rather  than 
Grreek  in  character.  It  closely  i^esembles  the 
^  Hall  of  the  Hundred  Columns  "  in  the  palace 
of  Darius  and  Xerxes  at  Persepolis.  Dr.  Ddrp- 
feld  discovered  remains  of  two  earlier  and  smaller 
buildings  of  similar  plan  on  the  same  site. 

The  sacred  temenus  was  approached  through 
an  inner  and  an  outer  propylaeum ;  the  larger, 
outer  one,  of  Roman  date,  b  a  close  copy  of  the 
propylaeum  of  the  Athenian  Acropolis.  In  front 
of  the  outer  gateway  was  a  small  amphiprostyle 
temple  of  Artemis,  some  remains  of  which  still 
exist.    (See  Bull.  Cor,  Hell,  i.  1885.) 

The  following  are  the  principal  Doric  temples 
of  which  remains  still  exist,  arranged  as  nearly 
as  possible  in  chronological  order : — 

SyroetMe,  Island  of  Ortygia,  Temple  of  Artemis,  heza- 

stjle,  very  archaic,  scanty  remains.     7th  century 

B.O.,  or  even  earlier. 
&I<mw  (Sicily),  three  temples  on  the  AcropoUa,  all 

hexastyle*  with  19, 14,  and  13  columns  respectively 

on  the  flanks,  of  local  limestone,  very  early  in  style. 

fthoent. 
Syraciue,  Ortygla,  Temple  of  Athene,  hexastyle,  now 

built  into.the  cathedral.    Late  7th  cent. 
Sdifou,  great  Temple  of  Zeus  in  the  Agora  (see  fig.  7), 

octsstyle,  with  17  columns  on  the  flanks:   never 

flnished.    7th  cent. 
Corinth,  hexastyle,  with  15  columns  on  the  flanks; 

only  7  columns  now  remain.    Late  7th  cent. 
SegtitOt  Sicily,  hexastyle,  the  peristyle  perfect,  but  the 

cella  wholly  gone,  probably  unfinished.    6th  cent. 
AifTigeniwv^  Sicily,  the  great  Temple  of  Zeus.  heptastyU, 

with  14  columns  on  the  flanks,  pseudo-peripteral. 

slif^t  remains.    6th  cent. 
Aegina,  hexastyle,  with  12  columns  on  the  flanks ;  very 

perfect  (see  flg.  11).    6th  cent. 
Paestum^  LucanW.the  so-called  Temple  of  Poseidon  (see 

flg.  6),  hexastyle,  with  14  columns  on  the  flanks, 

very  perfect.    6th  cent. 
Ddphi,  Temple  of  the  Pythian   Apollo,   hexastyle, 

peripteral ;  designed  by  Spintharus  of  Corinth  soon 

after  the  burning  of  the  previous  temple  (the  fourth 

on  that  site)  in  the  year  648  b.c.    Second  half  of 

the  6th  cent.  *    . 

AgrigefUum,   Sicily,  three  hexastyle  temples,  two  of 

them  very  perfect.    Late  6th  or  early  6th  cent. 
Sdinus,  the  middle  temple  on  the  Agon.    c.  600  b.c. 
AtwB,  Asia  Minor,  hexastyle,  with  sculpture  on  the 

uchitrave,   very   rude  in  style,  scanty  remains. 

e.  480  B.C. 
Athens,  so-called  Temple  of  Theseus,  hexastyle,  with  13 

columns  on  the  flanks,  very  perfect,    c.  465  b.c 
Olympia,  Temple  of  Zeus,  built  by  Libon  of  Elis,  hexa- 
style. with  13  columns  on  the  flanks ;  little  remains 

standing.    460-457  b.c. 
Olympia,  the  Heraioo,  a  mixture  of  many  dates,  mostly 

destroyed,    hexastyle,   with  16  columns  on  the 

flanks. 
Athentf  the  Parthenon,  octastyle,  with  17  columns  on 

the  flanks,  still  fsirly  perfect,  built  by  Ictinus. 

450-438  b.c. 
Sdinus,  hexastyle  temple  in  the  Agora.     Middle  of 

6th  cent. 
Sunium^  AUica,  hexastyle,  a  few  columns  only  remain. 

Middle  of  5th  cent. 
Baitae,  Temple  of  Apollo  Eplcurlus.  hexastyle,  with  16 

columns  on  the  flanks,  built  by  Ictinus,  still  fairly 

perfect,    c.  440  b.o. 
lUiainnuM,  Attica,  Temple    of    Nemesis,   hexastyle, 

peripteral;  and  Temple   of  Themis,  cella  with 

portloo  in  antis,  and  walls  of  polygonal  masonry,  a 


TEMPLXJM 

late  survival  of  this  early  method  of  building  (see* 

flg.  3).    Middle  of  the  5th  century. 
SIcuHm,  the  Hall  of  the  Mysteries,  with  a  dodecastyle 

portico,  which  is  a  later  additiou.    e.  440-220  bx. 
TegeOj  Temple  of  Athene  Alea,  bnilt  by  Scopes,  hexa- 
style, with  13  columns  on  the  flanks;  date  soon 

after  393  b.c. 
Paestum,  ennecutylc  temple,  and  a  amali  hexastyle 

temple,  probably  built  by  native  Lucanian  architects 

in  the  4th  cent.  b.c. 

Ionic  TempUa, — The  main  points  in  which  the 
Ionic  order  differs  from  the  Doric  are  these  :— 
The  columns  have  bases,  and  the  capitala  are 
decorated  with  volutes  and  a  mouldcMl  abacus, 
instead  of  the  simple  echinus  and  plain  abacus 
of  the  Doric  style.  The  whole  entablature  is 
more  elaborate,  the  architrave  being  divided 
into  receding  planes  or  bands  (Joiciae),  aod  the 
members  of  the  cornice  more  numerous  and 
elaborate.  The  small  cubical  projections  called 
dentUsy  which  are  set  closely  along  the  fully- 
developed  Ionic  cornice,  are  one  of  the  chief 
characteristics  of  the  style,  though  not  always 
present  in  Athenian  examples.  Besides  these 
important  differences  of  design,  the  whole 
character  of  an  Ionic  temple  is  more  light  and 
graceful  than  that  of  a  Doric  building.  Thus 
Vitruvins  fancifully  compares  the  Doric  order  to 
the  proportions  of  a  man,  and  the  Ionic  to  those 
of  a  woman  (Vitruv.  iv.  1,  §§  6,  7).  The 
columns  are  more  slender,  and  so  in  proportion 
taller ;  the  diminution  and  entasis  are  less.  The 
intercolumniation,  or  distance  from  column  to 
column,  is  wider,  giving  a  lighter  effect  to  the 
whole  building.  The  flutes  on  the  columns  are 
separated  by  flat  strips  or  **  fillets,"  and  the 
members  of  the  mouldings  are  much  more  largely- 
enriched  with  carving. 

No  very  early  example  of  an  Ionic  temple  is- 
now  in  existence ;  but  some  very  primitive  Ionic 
capitals,  which  have  recently  been  found  deeply 
buried  on  the  Athenian  Acropolis,  show  that 
even  in  Attica  the  Ionic  style,  though  in  an 
undeveloped  form,  was  used  before  the  Persian 
invasion.  The  earliest  Ionic  temple  in  Greece 
proper,  which  existed  till  modern  times,  was 
a  very  graceful  little  building  on  the  Ili»QSy 
close  by  Athens,  but  this  was  destroyed  about  s 
century  ago.  Luckily  it  is  well  illustrated  in 
Stuart  and  Bevett's  valuable  work  on  Athens. 
It  was  a  tetrastyle,  amphiprostyle  buildings  and 
from  some  of  its  details,  especially  the  absence 
of  dentils  in  the  cornice,  seemed  a  sort  of  link 
between  the  Doric  and  Ionic  styles.  It  war 
probably  built  soon  after  the  Persian  inraaioo, 
about  475  B.C.  The  somewhat  similar  little 
Temple  of  Nike  Apteros  on  the  Acropolis,  which 
has  been  carefully  rebuilt  and  is  now  in  a  very- 
perfect  state,  belongs  to  a  rather  later  date, 
probably  about  the  middle  of  the  5th  century 
B.C.  It  is  a  mere  shrine  for  a  single  statue,  the 
cella  being  little  over  12  feet  square;  and  it 
possesses  the  remarkable  peculiarity  of  baving- 
no  front  wall  to  the  cella,  but  only  two  square 
pilasters  to  carry  the  architrave  (see  Bg,  4). 
llie  open  end  of  the  cella  was  closed  by  a  bronze 
screen  fitted  in  between  the  pilasters  aiul  the 
antae. 

Large  and  magnificent  as  are  the  great  Ionic 
temples  of  Asia  Minor,  none  of  thtm  can 
approach  the  beauty  of  the  Athenian  JV«eA- 
thewn^  either  in  delicate  richnas  of  detail  or 


TEMPLUM 

in   minnte  perfection    of  workmanship.      The 
£rechtheiim,  which  standi  to  the  north  of  the 
Parthenon,  was  rebuilt  towardf  the  end  of  the 
^th   century  on  the  site  of  a  very  primitive 
temple  of  Athene  Polias,  which  was  burnt  by 
the  Persians  in  480  B.a    It  is  a  very  complicated 
building,  containing  a  group  of  many  different 
shrines,  and  is  quite  unlike  any  other  Greek 
temple.     The  main  cella,  which  had  a  hexastyle 
j)ortico  towards  the  east,  was  subdivided  by  cross 
walls,  and  floors  in  several  different  chambers  at 
various  levels.    Owing  to  this  cella  having  been 
gutted  to  make  it  into  a  Christian  churdi,  the 
•original  plan  is  now  a  matter  of  some  doubt.  All 
tthat  is  certainly  known  is  that  some  part,  pro- 
'bably  the  eastern  portion  of  the  cella,  was  the 
«hrine  of  Athene  Polias,  and  contained  a  very 
-sacred  ancient  ^6€Ufoy  or  wooden  statue  of  the 
goddess.     This  statue  is  referred  to  in  the  official 
title  of  the  temple  as  given  in  an  existing  in- 
-scription  of  the  year  409  B.C.,  when  the  building 
was  still  in  progress;  the  title  is  6  vt^s  6  ifi 
v6\9i  ip  f  rh  apxouop  AyaXfuu    Another  part 
of  the  temple  was  called  the  'EpcxO(<oy,  or  shrine 
of  Erechthens,  the  mythical  ruler  of  Athens, 
'whose  presence  was  symbolised  by  a  living  snake 
which  was  kept  in  the  building  (Herod,  viii.  41, 
and  Plut.   ITiiemis,  10>    A  third  portion  of  the 
cella  was  the  K9icp6ir€top  or  shrine  of  Cecrops. 
The  building  or  its  temenus  also  contained  the 
spring  of  salt  water  and  the  olive-tree  which 
were  supposed  to  have  been  produced  by  Posei- 
don and   Athene  during  their  contest  for  the 
sovereignty  of  Attica  (see  Pausanias,  i.  26,  §  5 
seg.).    On   the  north  of  the  cella  is  a  very 
beautiful  tetrastyle  portico,  at  a  much  lower 
level  than  the  eastern  portico :  in  a  vault  under 
the  porUco  floor  are  traces  of  the  salt  spring  and 
the  marks  made  by  Poseidon's  trident---<n|^f tor 
rijt  rptalyfis — ^which  were  shown  to  Pausanias. 
On  the  opposite  or  south  side  of  the  main  cella 
is  the  well-known  Caryatid  portico,  supported  by 
-six  graceful  female  figures,  one  of  which  is  now 
in  the  British  Museum.    The  entrance  was  by  a 
side  door  in  this  little  porch,  leading  down  by  a 
small  flight  of  steps  to  the  lower  level  at  the 
west  end.     In  the  west  wall  a  doorway  gave 
access  to  a   long  sacred  enclosure  called  the 
UayBp6cuoif  in   honour  of  Pandrosos,  the  one 
faithful  daughter  of  Cecrops.      In  this  court 
probably  stood  the  sacred  olive  and  an  altar  to 
Zeus  Herkeios  (see  Dion.  Hal.,  quoting  Philo- 
<rhorus,  da  DeinarchOj  3).    The  three  windows, 
which  till  recently  existed  in  the  west  wall  of 
the  cella  over  the  door,  were  insertions  of  a  late 
<late,  probably  of  the  time  of  Constantine,  when 
the  temple  was  made  into  a  church.    The  apse, 
which  was  then  built  at  the  other  end,  un- 
fortunately caused  the  destruction  of  the  east 
portico,  and   in   fact  the  whole  building  was 
gutted  to  make  it  into  a  single  chamber. 

The  Erechtheum  is  richer  in  detail  than  any 
other  Ionic  temple,  and  is  also  quite  alone  in  the 
minute  delicacy  of  the  execution  of  all  its 
ornaments  and  mouldings.  The  capitals  were 
decorated  with  a  band  of  lotus  pattern  below 
the  necking :  the  volutes  were  enriched  with 
ornaments  of  gilt  bronze,  and  delicate  plaited 
mouldings,  both  on  the  capitals  and  bases,  were 
inlaid  with  bits  of  jewel-like  enamel.  All  the 
mouldings  and  reliefs  were  decorated  with  gold 
and  colour.  The  whole  work  was  extraordinarily 
VOL,  II. 


TEMPLUM 


785 


1 


elaborate  and  costly,  and  so  took  many  years  to 
execute.  It  appears  not  to  have  been  com- 
pletely finished  till  after  the  close  of  the  Pelo- 
ponnesian  war.  A  very  interesting  inscription, 
with  a  report  of  its  exact  state  in  409  B.C.,  is 
now  in  the  British  Museum  (see  Newton  and 
Hicks,  Greek  Inscriptions  in  British  Museum^ 
i.  p.  84). 

The  following  is  a  list  of  the  chief  Ionic 
temples  of  which  some  remains  still  exist :— - 

In  Greece  proper  .*— 

Athene:  the  temple  of  Nike  Apteros  and  the  Erech- 
theum on  the  Acropolis. 

Oljfmpta;  the  circular  Pbllippelon,  with  18  Ionic 
columns  outside,  and.  Inside  the  cells,  engaged 
columns  of  the  Corinthian  order :  similar  In  plan 
to  the  Roman  Temple  of  Vesta  shown  in  fig.  13. 
In  Atia  Minor: — 

Sardit:  temple  of  Cybele,  octastyle,  with  columns 
60  feet  high,  of  which  only  three  remain,  date 
about  500  B.C. 

Xantkut  in  Lycla :  Heroon  of  unknown  dedication,  a 
small  tetrastyle,  peripteral  building  on  a  lofty 
podiwn.  Its  sculpture  is  now  in  the  British 
Museum.  The  date  is  doubtful,  but  it  is  pro- 
bably not  earlier  than  c.  400  b.c. 

The  Troad:  Temple  of  Apollo  Smintheus,  octastyle, 
pseudo^pteral,  with  very  close  (pycnostyle)  in- 
teroolunmlatlon.  Host  of  the  exlstlsg  building 
seems  to  date  from  a  period  probably  about  400  to 
350B.C. 

Samot:  Temple  of  Hera,  decastyle,  dipteral  (see 
Paus.  vU.  4,  and  Vltruv.  vil.  Praef.  12).  The 
existing  temple  is  of  the  4th  cent.  b.c.  An 
earlier  temple  on  the  same  site  was  built  in  the 
Tth  cent.  B.C.  by  Rhoecus  of  Samos ;  Herodotus 
mentions  it  as  the  largest  temple  he  had  seen  (see 
HI.  60,  iL  148,  and  i.  TO).  The  existing  remains 
were  first  excavated  by  the  Dilettanti  Society  in 
1812.  (See  AnUq.  <^  lonia^  i.  p.  64;  and  BvU. 
Cor.  Hdl.  iv.  p.  383.) 

Magnesia  ad  Maeandrum:  Temple  of  Artemis  Leuco- 
phryne,  hexastyle,  pseudo-dipteral,  built  by 
Hermogenes  about  3S0  b.c.  (See  Vltruv.  vU. 
Praef.  12.) 

Toot:  Temple  of  Dionysus,  hexastyle,  also  built  by 
Hermogenes  about  360  b.c.  (See  Vltruv.  vil. 
Praef.  12;  and  Iv.  3, 1.)  At  Hi.  3,  8  Vitruvius 
mentions  this  temple  as  an  example  of  euttyle 
Interoolumniation.  He  goes  on  to  say  that  its 
architect  Hermogenes  was  the  first  to  invent  the 
pseudo^ptttal  plan  for  a  hexastyle  temple  by 
omitting  the  second  (inner)  range  of  columns, 
and  10  giving  a  wider  ambulatory  round  the  cells 
for  shelter  fhim  rain  for  a  crowd  of  people.  (See 
Antiq.  of  Ionia,  Part  iv.  1881.) 

Priene:  Temple  of  Athene  Polias,  hexastyle.  very 
similar  to  the  temple  at  Teos ;  it  was  built  in  the 
second  half  of  the  4th  cent.  b.o.  and  waa  dedicated 
by  Alexander  the  Qreat,  aa  is  recorded  in  the 
following  inscription,  which  wss  discovered  during 
the  excavations  of  the  Dilettanti  Society:— 
BomAfvc  *AXi(av6poi  aW^«c  rby  vahv  'A^ifvaCj^ 
noAiOiSc. 

Branekidae  near  Miletus:  Temple  of  Apollo  Dldy- 
maeus;  decastyle,  dipteral  (see  fig.  6).  This  and 
the  temple  at  Samos  were  the  only  two  Qreek 
decastyle  temples.  That  of  Apollo  Didymaeus 
seems  never  to  have  been  completed.  Vitruvius 
(vii.  Praet  16)  mentions  it  as  one  of  the  four 
greatest  temples  of  the  Greeks,  and  that  its 
architects  were  Paeonius  of  Ephesus  and  Daphnis 
of  Miletos,  about  350  b.c.  Pausanias  (vii.  6)  says 
that,  though  unfinished,  it  is  one  of  the  wonders 
of  Ionia.  According  to  Strabo,  p.  6.14,  it  was 
left  roofiess  on  account  of  its  excessive  span. 
(See  Gat.  des  Beau»  Arts,  xlil.  p.  487,  and  ziv. 

1676.) 

3  E 


786 


TEMPLUM 


TEMPLUM 


Ephenu:  Temple  of  Artemis  (Artemidon),  octutyle, 
dlpteraU  buUt  during  the  reign  of  Alexander  the 
Oreeft,  356-333  b.c. 

In  many  respects  this  last  was  the  most  magni- 
ficent and  celebrated  of  all  Greek  temples ;  the 
last  temple  built  on  the  site  ranked  as  one  of 
the  seven  wonders  of  the  world.  It  should, 
howerer,  be  remembered  that  the  great  size  of 
the  Artemision  was  a  very  important  factor  in  its 
celebrity.  In  point  of  beauty  of  workmanship 
and  minute  refinement  of  detail  it  was  far 
surpassed  by  the  earlier  Greek  temples,  such  as 
the  Parthenon  and  the  Erechtheum.  Between 
the  7th  century  B.a  and  the  time  of  Alexander 
the  Great  three  successive  temples  were  built 
6n  the  same  site.  1.  The  original  temple  built 
by  Theodorus  of  Samos,  the  partn'er  of  Rhoecus, 
who  was  architect  of  the  Heraion  in  Samos, 
probably  about  the  year  630  D.C.  2.  The  temple 
which  was  begun  by  Cheniphron  and  finished 
by  his  son  Metagenes  about  the  end  of  the  6th 
century  B.a  This  temple  was  burnt  by  an  in- 
cendiary, named  Herostratua,  the  night  when 
Alexander  the  Great  was  bom,  in  356  B.C. 
3.  The  last  temple  built  during  the  reign  of 
Alexander  was  designed  by  his  favourite  archi- 
tect Dinocrates.  (See  Pliny,  If,  N.  xxxvi.  §  98 ; 
and  Vitruv.  x.  2,  §§  11,  12 ;  vii.  Praef.  12;  and 
ii.  Praef.  1-4).  It  should  be  observed  that  much 
confusion  exists  in  the  statements  of  Vitruvius, 
Pliny,  and  other  authors  as  to  the  architects  of 
the  temple,  owing  to  their  not  distinguishing 
clearly  between  the  three  successive  buildings. 

Considerable  remains  of  the  last  temple,  and 
pavements  and  foundations  of  the  two  earlier 
buildings,  were  discovered  in  the  yean  1870-6 
by  Mr.  Wood ;  but  unfortunately  no  satbfactory 
account  or  plan  of  his  discoveries  has  been 
published.  Mr.  Wood  discovered  afler  long 
search  that  the  Artemision,  surrounded  by  its 
extensive  temenus,  stood,  not  within  the  city  of 
Ephesus,  but  nearly  a  mile  outside  the  Coressian 
gate.  It  had  eight  columns  on  the  fronts,  and 
probably  twenty  on  the  flanks:  the  stylobate, 
which  consisted  of  no  less  than  fourteen  steps, 
measured  at  the  lowest  step  about  418  by  240 
feet.  The  columns  were  56  feet  high,  and  about 
6  feet  in  diameter  above  the  base.  As  has  been 
already  mentioned,  some  of  the  columns  and  their 
pedestals  were  enriched  with  sculpture,  as  were 
also  the  antae,  of  very  varying  degrees  of  excel- 
lence, some  being  well  designed  and  graceful  in 
motive,  while  other  reliefs  are  extremely  coarse 
and  clumsy.  None  of  the  sculpture  is  remarkable 
for  any  high  degree  of  finish  or  delicacy.  The 
main  entrance  from  the  pronaos  led,  not  directly 
into  the  cella,  but  into  a  large  vestibule,  part  of 
which  was  probably  shut  off  for  use  as  a 
treasury.  The  temple  was  enormously  rich  in 
statues  and  votive  offerings  of  all  kinds  in  gold 
and  silver;  its  doors  were  roost  magnificently 
decorated  with  plating  of  gold  and  ivory.  A 
fragment  of  one  of  the  bases  of  the  main  order, 
now  in  the  British  Museum,  has  remains  of  an 
ornament  of  pure  gold  fixed  with  lead  between 
the  double  tori.  The  inside  of  the  cella  was 
decorated  with  a  large  mural  painting  of  Alex- 
ander Ceraunophorus  by  Apelles  and  many  other 
pictures,  and  contained  a  large  number  of  fine 
statues  by  Scopas,  Timotheus,  Leochares,  and 
other  sculptors  of  the  Asia  Minor  School.  The 
temenus  was  very  large,  enclosed  by  a  massive 


wall,  and  planted  with  groves  of  trees.  It 
formed  one  of  the  most  sacred  sanctuaries-  of 
Asia  Minor,  and  was  the  resort  of  great  numbers 
of  men  who  were  flying  from  puni:shuient  for 
some  misdeed.  By  degrees  the  bounds  of  the 
asylum  or  sanctuary  were  enlarged,  until  ther 
not  only  extended  up  to  the  walls  ot 
Ephesus,  but  even  included  part  of  the  city» 
which  thus  became  the  resort  of  evil-doers,  and 
was  a  great  source  of  trouble  to  the  citizens. 
Augustus  therefore  restricted  the  limit  of  the 
space  which  had  the  privileges  of  asylum. 

The  British  Museum  also  possesses  some  very 
interesting  fragments  which  belonged  to  the 
second  temple,  begun  about  the  middle  of  the- 
6th  century,  to  which  the  Lydian  king  Croesus 
was  a  liberal  benefactor.  These  fragments  show 
that  the  earlier  temple  had  some  of  its  columns- 
decorated  with  life-sized  reliefs  afler  the  8amt>> 
fashion  as  the  last  building.  Some  of  these  were- 
given  by  Croesus,  whose  name  and  dedication 
were  inscribed  on  the  upper  torus  of  one  of  the 
bases,  some  fragments  of  which  are  now  in  th>> 
British  Museum.  One  remarkable  ^[>ecnliarity 
of  this  6th-century  building  was  that  the  largt 
cvmatinm,  which  formed  the  top  member  ot 
the  main  cornice,  was  decorated  with  figures  ii» 
relief,  which  can  have  been  hardly  visible  owin;^ 
to  their  small  scale  and  great  height  from  tht- 
ground.  See  A.  S.  Murray,  Joum,  of  Hell, 
StudieSf  vol.  X.  p.  1  seq. 

Graeoo-Boman  Temples. 

There  are  also  two  very  magnificent   lonii 
temples  in  Asia  Minor  which   date   from  th»^ 
Roman  period:    these    are    at  Aphrodisiaa    in 
Caria,   and    at  Aizani  in  Phrygia ;    both   ar>^ 
octastyle,  pseudo-dipteral  buildings,  with  fifteen 
columns  on  the  flanks.    The  elaborate,  but  some- 
what coarse  and  extravagant,  sculptured  orna- 
ments show  that  the  date  of  these  two  very  similar 
temples  is  probably  not  earlier  than  the  1st  or 
2nd  century  a.d.     Each  was  surrounded  with 
an   extensive    peribolus  wall,  within   which   a 
smaller  space  is  enclosed  by  an  open  porticus  or 
clois^r ;  in  the  centre  of  this  the  temple  itsel?' 
stands.    The  temple  at  Aizani  is  remarkable  for 
having  a  fine   vaulted  crypt   under  the    celK 
floor,  twenty-eight  feet  wide  and  fourteen  f^t 
high,  probably  used  as  a  treasure  chamber.     (S»'»- 
Le   Bas,    Voyage  Arch,  dans  la  Gr^^  kc.  e-i. 
Reinach,  1888;  Texier  and  Pullan,  Atia  Min-yr, 
1865 ;  and  the  various  treatises  published  dvrins: 
the  last  hundred  years  on  The  Antiqmties  vf 
Tonia  by  the  Dilettanti  Society,  vols.  i.  to  iv. 
See  also  Kewton,  Dravela  in  the  Levcmt^  I860, 
and  History  of  Diawoeriee  ai  Halioamassus,  Lc^ 
1862.) 

77ie  Corinthian  Order  was  the  latest  develop- 
ment of  Greek  architecture,  and  did  not  ooro< 
into  use  till  a  period  of  decadence  had  set  in.     It 
is  an  elaborated   form   of  Ionic,  with   capital >- 
enriched  by  two  tiers  of  acanthus  leaves  instesi 
of  the  Ionic  volutes.    Vitruvius  (iv.  1,  9)  relate- 
a  pretty  and  fanciful  story  about  the  origin  ( t 
the  Corinthian  capital,  which  was  suppoMd  t* 
have  been  invented  by  Callimachua ;  cf.  Pans,  i. 
26  ad  fin.    The  oldest  existing  example  of  tb<> 
Corinthian  order  is  the  choragie  monument  of 
Lysicrates,  in  Athens,  of  334  B.C.,  and  even  tni< 
is  Corinthian  of  an  inoompletel^it  developed  type. 


TEMPLUM 

With  the  Romans  the  Cormthiftn  order  was  a 
Tery  favourite  style  for  temples,  but  no 
purely  Greek  Corinthian  temple  is  known  to 
exist,  though  many  dating  from  Roman  times  are 
to  be  found  in  various  parts  of  the  Hellenic  world. 
The  most  famous  example  is  the  great  Temple 
of  Olympian  Zeus  at  Athens,  which  was  de- 
signed by  a  Roman  architect  named  Cossutius 
for  Antiochus  Epiphanes  about  170  B»C.  (see 
Vitruv.  iii.  2,  8,  vii.  Praef.  15;  and  Pans.  i.  19). 
The  existing  remains  have  been  described  by 
F.  C.  Penrose  in  the  second  edition  of  his 
Athenian  Architecture^  1888.  The  earlier 
temple  was  begun  about  the  year  530  B.C.  by 
the  Peisistratid  tjrrants  of  Athens :  it  was  de- 
signed on  a  very  large  scale  with  columns  about 
7  feet  in  diameter,  but  was  never  completed.  Mr. 
Penrose,  during  his  excavations  in  1887,  found 
some  of  the  stone  drums  of  this  older  temple 
used  as  foundations  for  the  marble  Corinthian 
columns  of  C<»sutiuA'  building.  He  also  found 
traces  of  a  smaller  and  still  older  temple  than 
that  of  Peisistratus.  The  existing  temple, 
though  commenced  by  Antiochus,  was  not  com- 
pleted till  the  reign  of  Hadrian,  who  was  a  very 
liberal  bene&ctor  to  Athens.  The  excavations 
of  1887  showed  that  it  was  octaatyle,  not  de- 
castyle,  as  had  previously  been  thought,  thus 
showing  the  correctness  of  Yitruvius'  statement 
on  this  point  (see  Vitruv.  iii.  2,  8).  It  was 
dipteral,  with  twenty  columns  on  the  flanks, 
and  three  rows  at  each  end  in  front  of  the  pronaos 
and  posticum.  Part  of  the  cella  behind  the 
statue  of  Zeus  was  divided  by  a  cross  wall,  so  as 
to  form  an  opisthodomus.  In  spite  of  the  cella 
^i°g  (proportionally)  very  narrow,  there  were 
ranges  of  internal  columns,  forming  two  narrow 
aisles  with  galleries  over  them.  The  size  of  the 
temple,  measured  on  the  top  step  of  the  stylobate, 
was  354  feet  by  135  feet.  The  magnificent 
Corinthian  columns,  of  which  fourteen  are  still 
standing,  are  6  ft.  6  in.  in  diameter,  and  60 
feet  high:  the  style  of  the  capitals  and  the 
beauty  of  the  workmanship  make  it  probable 
that  these  columns  date  from  the  time  of 
Cossutius,  c.  170  B.C.,  rather  than  from  the 
reign  of  Hadrian.  The  gold  and  ivory  statue 
within  the  cella  was  a  copy  of  that  by  Pheidias 
at  Olympia  (Pans.  ii.  27,  1).  The  columns  from 
this  temple  which  Sulla  (c.  86  B.C.)  removed  to 
Rome  to  use  in  the  Temple  of  Capitoline  Jupiter, 
were,  as  Mr.  Penrose  has  suggested,  probably 
monolithic  shafts  of  coloured  marble  from  the 
interior  of  the  cella  (see  Plin.  JET.  N.  xxxvi.  §  45). 

Circular  Oreek  Temples, 

A  form  of  Greek  temple  not  included  in  the 
above  classification  is  the  ITioluSj  a  round  build- 
ing, often  surrounded  by  columns  forming  a  cir- 
cular peristyle.  The  Prytaneum,  which  existed 
in  every  important  Greek  city,  seems  to  have 
been  usually  a  building  of  this  kind.  It  con- 
tained an  ever-burning  sacred  fire  in  honour  of 
Hestia  (ff<rr{a)  or  Vesta;  so  also  the  Roman 
temples  of  Vesta  were  built  on  this  circular 
plan.*  [PRTTANEUM.]  Remains  of  the  famous 
Th(4us  at  Epidaurus  have  recently  been  dis- 
covered.    It  was  a  large  handsome  building  of 

*  This  circular  form  of  temple  was  probably  derived 
from  a  primitive  hut  made  of  wattled  osieni ;  see  Ovid, 
Aut.  Tl.  aei  sg.,  and  Festos,  s.  v.  Fentu, 


TEMPLUM 


787 


Parian  marble,  within  the  sacred  temenus  of 
Asclepios,  to  whom  it  was  dedicated.  It  was 
designed  by  Polycleitus  the  younger  in  the  4th 
century  B.a,  and  contained  mural  paintings  by 
Pausias  (see  Pans.  ii.  27  ;  Tholus). 

Another  circular  temple  or  Herwn  was  the 
Philippeion  at  Olympia,  remains  of  which  were 
discovered  a  few  years  ago  by  the  German  exca- 
vators. It  was  surrounded  by  a  circular  peri- 
style of  18  Ionic  columns :  the  interior  of  the 
cella  was  decorated  with  engaged  columns  of  the 
Corinthian  order.  In  design  it  closely  resembled 
the  Temple  of  Vesta  in  the  Roman  Forum,  after 
its  rebuilding  by  Severus  (see  Pans.  v.  20). 

For  an  account  of  the  management,  ritual^ 
and  property  of  temples,  see  Sacerdos,  The* 
SAUBUS,  and  VECnoALiA  Tehplorum. 

Reman  Temples. 

Little  originality  was  shown  by  the  Romans  in 
the  designs  of  their  temples,  as  in  other  artistic 
matters.  Though  skilful  builders  and  good 
practical  engineers,  they  had  very  little  talent 
tor  art,  or  even  good  taste  in  matters  of  design ; 
and  thus  it  happened  that  the  special  Roman 
modifications  made  in  designs  which  they  bor- 
rowed from  others  were  very  usually  far  from 
being  improvements  from  the  aesthetic  point  of 
view.  In  early  times  Roman  temples  were  copied 
from  those  of  the  Etruscans;  in  later  times, 
after  the  conquest  of  Greece,  the  temples  of  the 
Romans  were  imitations  of  Greek  temples,  more 
or  less  modified  to  suit  their  different  practical 
needs. 

In  its  primitive  form  the  Etruscan  temple 
appears  to  have  been  a  wooden  structure,  with 
trunks  of  trees  for  columns,  widely  spaced, 
and  carrying  a  timber  architrave.  Terracotta 
mouldings,  mezes,  and  other  enrichments  were 
very  largely  used,  all  decorated  with  rather 
coarse  painting  in  different-coloured  ochres,  and 
the  brilliant  red  minium.  Terracotta  was  also 
used  by  the  Etruscans  for  sculpture  on  a  large 
scale,  both  for  the  principal  statue  of  the  deity 
within  the  cella,  and  also  for  groups  or  reliefs 
in  and  over  the  pediment  of  the  fa9ade.  Varro 
(quoted  by  Pliny,  H,  N,  xxxv.  §  154),  speaking 
of  the  Temple  of  Ceres  by  the  Circus  Maximus, 
remarks  that  before  the  introduction  of  Greek 
art  into  Rome,  *'all  things  connected  with 
temples  were  Etruscan."  The  Etruscans  were 
also  remarkable  for  their  technical  skill  as 
bronze  workers.  Much  of  the  oldest  Roman 
sculpture  in  bronze  shows  a  strong  Etruscan 
influence  ;  and  many  important  statues,  such  aa 
*'  the  Orator  "  and  the  Cnimaera  in  the  Museum 
in  Florence,  and  the  Capitoline  Wolf  in  Rome, 
are  evidently  the  work  of  Etruscan  artists. 

The  Roman  Tuscan  style  was  a  survival  of 
the  ancient  Etruscan  forms.  Vitruvius'  dis- 
sertation on  Tuscan  temples  appears  to  be  based 
on  the  one  important  example  of  a  temple  built 
in  the  primitive  Etruscan  way,  which  survived 
till  the  time  of  the  Empire  (see  Vitruv.  iv.  7). 
This  was  the  great  Temple  of  Jupiter  CapitolinuSy 
which  stood  on  the  south-western  peak  of  the 
Capitoline  hill,  one  of  the  earliest  of  the  Roman 
temples,  which,  though  frequently  burnt  and 
rebuilt,  was  always  restored  in  the  old  Etruscan 
style  for  religious  reasons — hieratic  rules  being 
always  very  conservative.  Like  the  chief  temples 

3  e  2 


0  tbr«. 


Capitoliou 
Thaln*,    i 


doonriiT  opening  nnder  the  prMt}-l<  portico. 
The  colnmni  wan  very  vridclf  ipaced  (araa>- 
atyU\  and  lo,  eT«a  when  tbe  main  bnildiog  hnd 
been  recoDttmcted  in  mirble,  the  nichitnTe 
wu  etill  Dflceiurilj  tnode  of  vood,  u  the  length 
of  beuing  from  colninn  to  column  wai  too  great 
for  ■  itcne  or  marble  lintel  lo  epnn.  Elefure 
the  burning  of  tbe  temple  in  83  d-c,  the  spei 


TEHPLUH 

of  the  pediment  itm  tnmoDDted  bj  a  lare? 
quadriga  of  terracotta,  the  work  of  aa  eaili 
Etruscan  iculptor.  which  wu  laid  to  hare  been 
brought  from  Veii  b;  Tarqniniut  Snperbua,  who 
built  tbe  fint  temple  (Lir.  L  53). 

Fig.  12  ehowa  part  of  a  relief  from  the 
trinmnhal  arch  of  U.  Aarelina,*  repreienting 
the  Emperor  offering  aacriUce  after  a  rictorj 
in  front  of  the  temple,  which  had  baen  rebuilt 
during  the  reign  of  Vupaiiui.  Tbii  relief  ihowi 
clearly  the  doon  of  the  three  cellae,  the  widely- 
apaced  calnmni  of  tbe  portico,  and  the  icnlptute 
in  the  pediment  and  above  it,  which  waa  pro- 


bably a  reprodaction  in  marble  of  the  original  l  were  little  known  or  regarded  by  other  anhi- 

terracotta  gToupi.  I....-  — j -i -i r___  .»  .      - 

Vitruviui,  in  hi>  fourth  book,  haa 
good  deal  on  the  deaigns  of  Roman  tenQplea ;  and 
ha  girei  elaborate  directioni  for  the  letting  out  ' 
of  their  plaoa  and  for  the  proportiona  of  their 
column*,  and  other  detaili  in  the  Tatious  oidem. 
It  ehould,  however,  be  remembered  that  he  is 
merely  eipreuing  hii  own  views  of  what  ia  moit 
detirable  in  a  building,  and  that  hia  rulei  are 
tnoatty  quite  arbitrary,  and  were  by  no  meant 
nulveiaally  fallowed  in  Roman  baildings.  Uoat  | 
•xiitiag   tenplea  ahow  that  Vitroviua'  theoriea  ;  •  Now  In  the  CaplloUne  Hoaeua. 


Differrmxt  betaiem  Greek  and  Bomaii  Templ^i. 
The  later  Roman  temples,  which  were  bui!; 
under  the  influence  of  Qreek  art,  were  daaignei 
in  three  atylea  or  ordera,— namely,  Baman-lK-n^ 
lank,  and  Corinlhian,  Roman  templat  of  il: 
theae  itylca  were  built  with  certain  modiSca- 


TEMPLUM 


TEMPLUM 


789 


iioDs  which  were  introduced  by  the  Boman  or 
Graeco-Boman  architects. 

The  cella  of  a  Boman  temple  was  usaally 
wider  in  proportion  than  that  of  a  Greek  temple, 
and  was  without  "aisles"  or  inner  ranges  of 
free  columns,  though  **  engaged  "  or  even  com- 
plete columns  were  very  commonly  set  along 
the  internal  walls  of  the  cella.  Owing  to  the 
increased  width  of  the  cella,  there  was  fre- 
quently no  peristyle  along  the  flanks  of  the 
Roman  temples,  but  only  *'  engaged  '*  columns  on 
the  outside  of  the  cella.  Boman  temples  were 
Tery  often  set,  not  on  a  mere  stylobate  of  steps, 
but  on  a  lofty  base  or  podium,  with  plinth  and 
cornice  of  its  own.  The  proportion  between  the 
front  and  the  sides  of  the  Roman  temples  was 
far  more  variable  than  it  was  among  the  Greeks. 

In  some  Boman  temples  windows  were  intro- 
duced, as,  e.g.f  in  the  Temple  of  Concord  in  the 
Forum  Bomanum.  The  slope  of  the  roof,  and 
consequently,  that  of  the  pediments,  were  much 
steeper  in  a  Boman  than  in  a  Greek  temple.  Mo- 
nolithic columns  of  coloured  marble  or  granite 
were  commonly  used,  and  in  matters  of  construc- 
tion and  decoration  generally  the  differences 
were  rery  great.  Especially  under  the  later 
Roman  Empire  there  was  a  great  tendency  to 
overload  the  buildings  with  ornament.  In  some 
cases  every  member  of  a  cornice  was  completely 
covered  with  carved  enrichments,  leaving  no 
plain  surfaces  as  a  relief  to  the  eye,  and  to 
enhance  the  value  of  the  ornament.  A  certain 
amount  of  vulgarity  and  gaudiness  of  effect  is 
characteristic  of  the  temple  architecture  of  the 
Romans,  very  much  in  the  same  way  as  with  their 
domestic  buildings.  In  point  of  beauty  of  work- 
manship, Boman  temples  vary  very  much.  Some 
of  the  finest,  which  were  probably  built  by  archi- 
tects who  were  Greeks  either  by  blood  or  by  edu- 
cation, are  almost  as  delicate  in  detail  and  highly 
finished  as  a  Greek  temple  of  the  5th  century 
B.C. ;  especially  those  which  were  built  in  the 
reign  of  Augustus,  as,  0.0.,  the  temples  of  Con- 
cord and  of  Castor  in  the  Boman  Forum.  In 
the  3rd  and  4th  centuries  A.D.,  or  even  earlier, 
the  workmanship  is  very  coarse,  and  the  sculp- 
tured ornament  very  weak  and  clumsy  in  design. 
The  coarse  taste  of  the  Romans  led  them  to  care 
little  for  the  pure  beauty  of  white  marble,  even 
though  decorated  with  painting,  and  so  it  was  with 
them  a  common  custom  to  line  the  whole  interiors 
of  the  temples  with  thin  slabs  or  veneers  (cnuiae) 
of  richly-coloured  marbles,  which,  from  the  time 
of  Augustua  onwards,  were  imported  in  immense 
quantities  from  Asia  Minor,  Greece,  Northern 
Africa,  and  other  countries.  Even  white  marble 
was  but  little  used  before  the  reign  of  Augustus, 
but  the  discovery  of  the  magnificent  quarries  at 
Luna  (modem  durard)  soon  made  white  marble 
to  be  very  common  among  the  building  materials 
of  Bome,  especially  as  a  casing  to  stone  or  con- 
crete walls. 

Treaaure$  m  Boman  Temples.  ^Aa  was  the 
case  with  Greek  templet,  vast  stores  of  treasure 
were  frequently  preserved  in  the  temples  of  the 
Romans.  A  Terr  fine  collection  of  silver  plate, 
in  the  form  of  richly-decorated  cups,  vases, 
paterae,  and  statuettes,  was  discovered  in  1830 
below  the  remains  of  the  Temple  of  Mercury  of 
Canetum  in  Bemay,  IMpartement  de  TEure. 
This  find,  consisting  of  about  80  pieces  of  plate 
of  various  dates  from  the  3rd  century  B.a  to 


the  2nd  century  A.D.,  is  now  preserved  in 
the  Biblioth^ue  Natiouale  of  Paris  (see  Cha- 
bouillet.  Cat  dee  CameeSf  etc.  de  la  Bibl,  Imp,, 
Paris,  1858,  p.  418).  It  Vas  also  not  uncommon 
for  wealthy  Romans  to  deposit  their  own  plate 
or  money  for  safe  keeping  in  the  treasury  of 
some  temple.  These  Boman  treasuries  were 
usually  formed  under  the  temple  floor  in  some 
part  of  the  lofty  podium  on  which  most  Boman 
temples  were  built.  Bemains  of  these  strong 
rooms  are  to  be  seen  in  several  of  the  temples 
in  the  Forum  Bomanum ;  they  are  cellar-uke 
cavities  in  the  immense  mass  of  concrete  which 
forms  the  bulk  of  the  podium.  This  is  the  case 
in  the  temples  of  Castor,  Divus  Julius,  Concord, 
Vespasian,  and  Saturn.  The  entrance  to  the 
treasury  of  the  Temple  of  Castor  is  shown  on 
fig.  14  (cf.  Juv.  Sat.  xiv.  260). 

In  early  times  the  methods  of  oonstntction 
used  in  Roman  temples  were  very  similar  tu 
those  of  the  Greeks.  The  walls  were  built  of 
large  squared  blocks  (opus  quadrattan)  of  the 
local  stone,  whatever  that  happened  to  be, 
always  coated  with  a  fine  hard  cement.  In 
Bome  itself  the  earliest  temples  were  built  of 
the  soft  brown  tufa,  of  which  the  Boman  hills 
chiefly  consist, — a  stone  which  decays  rapidly 
under  exposure  to  the  weather,  but  lasted  per- 
fectly well  as  long  as  it  was  covered  with 
cement.  Towards  the  close  of  the  Bepublic 
harder  and  more  durable  stones  were  used; 
namely,  the  volcanic  lapis  Albanus  (modem 
peperino)  and  the  lapis  Tiburtinus  (mod.  travel^ 
tino),  a  hard  limestone  which  exists  in  large 
beds  near  Tibur  {Tivoli).  Under  the  Empire 
concrete  was  very  largely  used  for  foundations, 
and  for  the  inner  core  of  walls ;  it  was  made  of 
lime,  pozzolaua  (pu/rts  Puteolanus\  and  broken 
fragments  of  stone. 

Only  a  very  few  of  the  most  magnificent 
Boman  temples  were  built  of  solid  blocks  of 
marble,  as,  e.g.,  the  Temple  of  Apollo  on  the 
Palatine  hill,  built  by  Augustus,  of  which  no 
remains  are  now  visible.  This  splendid  building, 
which  was  crowded  with  sculpture  by  distin- 
guished Greek  sculptors  and  other  spqils  from 
Hellenic  cities,  was  most  sumptuously  decorated 
with  paintings,  doors  plated  with  gold  and 
ivory,  and  the  most  costly  furniture  of  every 
description,  such  as  tripods,  tables,  cups,  and 
even  large  statues  of  gold  and  silver^a  perfect 
museum  of  Greek  art  of  every  period  from  the 
6th  century  B.C.  downwards.  Many  others  of 
the  chief  temples  of  Bome  contained  very  large 
collections  of  Greek  works  of  art  of  all  kinds, 
from  colossal  bronze  statues  down  to  caskets  of 
engraved  gems,  as,  e.g.,  the  Temple  of  Concord 
and  the  Temple  of  Peace.  In  fact,  the  whole  of 
Greece  was  ransacked  to  enrich  the  capital  of 
the  Boman  conquerors,  and  it  is  probable  that 
no  Greek  city  ever  possessed  so  magnificent  a 
collection  of  Hellenic  works  of  art  as  did  the 
city  of  Bome  during  the  reign  of  Nero,  before 
the  great  fire  destroyed  so  large  a  part  of  the 
city  and  its  stores  of  foreign  spoils.  From  one 
place  alone,  Delphi,  Nero  is  recorded  to  have 
carried  away  400  bronze  statues,  and  this  was 
merely  one  incident  in  the  great  system  of 
spoliation  which  had  been  carried  on  almost 
incessantly,  ever  since  the  sack  of  Corinth  by 
Mummius,  in  146  B.C. 

On  the  whole,  Boman  temples  were  loftier 


than  those  of  the  Greeks,  lichter 

ral  proportiona,  and   hid   their 

widelf   apaced.      The  cloaeit  (moat  pjcuostyls) 

intorcolnnmiBtioa  thnt  Vitruviui 

mentioDi  hu  wider  spun  thmi 

nnv  of  the  chief  Doric  temples  of 

the  GreeliB  (tee  Vitruv.  iii.  3,  2). 

Soman  Orders:  I.  Doric  (Vi- 
truv. iv.  3).— This  differs  from 
the  Greek  Doric  in  many  respects. 
The  colamiu  hare  h.isei,  and  the 
capitsls  have  a  moulding  above 
the  square  abacus,  and  a  torui 
necking  soine  distance  IkIdw  the 
annulets  under  the  echinus.  The 
shafts  were  oaen  left  uafluted, 
and  the  angle  triglyphs  were 
placed  over  the  niig  of  the  angle 
colamni,  not  brought  up  to  the 
extreme  corner  of  the  frieze  n> 
in  Greek  Doric  The  mouldings 
and  all  the  details  were  different 
from  the  Greek  [irototype. 

11.  Ionic  (Vitruv.  iii.  5).— This 
order  differs  lew  from  the  Greek 
Ionic  than  i>  the  case  with  the 
last-menlianed    style.      The   variatioi 
capitals,  bnsoa,  aod  entablature  ar«  n 
tant,  and  the  principal  diHerences  Iwtn 
and  Roman  Ionic  temples  fall  chiefly 
general   heads   mentioned  above — vii. 
*      I  of  plan  and  airangement. 
tfn. '•■■ 


of  the  whole  when  complete.     We  repeat  here 
the  cut  already  given  under  Canceuj. 

Another  circular  temple,  dedicated  to  one  of 


III.  Corinthiaa  (Vitruv 


1).— As  is  stated 
Died  by  the  Rsmans 
than  by  the  Greeks,  in  spite  of  the  fact  that 
the  great  Temple  of  Olrmpian  Zeus  at  Athens 
was  built  in  the  Corinthian  style.  Owing  to  its 
richneas  of  detail,  most  of  the  more  magnilicent 
temples  of  the  Romans  were  built  in  the  Corin' 
thian  style.  The  so-called  Compotile  order  is 
not  really  a  •epnrate  order,  but  merely  a  varia- 
tion of  the  Corinthian,  the  chief  difference  being 
in  the  capital*,  which  have  n  rather  awkward 
combination  of  the  ionic  volute  with  the  Corin- 
thian acanthus  leaves.  The  earliest  existing 
example  of  thii  style  is  the  triumphal  arch  of 
Titus  on  the  Summa  Sncra  Viu  in  Rome.  Under 
the  later  Empire  Composite  capitals  were  very 
largely  use,!. 

The  chief  temples  in  Roma  of  which  remains 
still  exist  arc  these  :— 

Tht  Teuiple  of  Vcsla,  at  the  south  of  the 
Forum  Komiinum,  was  one  of  the  moet  primitive 
of  all  the  Roman  temples;  in  it  was  jireaerved 
the  aacred  lire,  guarded  by  the  six  Vestal  Vir- 
gins, whose  larce  imd  magnificent  house  ban, 
within  the  Inst  few  years,  been  exposed  to  view, 
close  by  the  remaini  of  the  temple.  This  moat 
aacred  of  all  liunian  shrines  was  not  a  tfmplam 
in  the  strict  meaning  of  the  word,  but  rather 
an  atdes  sacra,  as  it  was  not  consecrated  by  the 
angurs,  the  presence  of  the  sacred  fire  being 
sufficient  to  give  it  a  character  of  the  highest 
aanctity.  It  was  frequently  burnt  and  rebuilt, 
the  last  restoration  being  that  of  the  Emperor 
Severu!,  who  rebuilt  it  aa  a  circular  marble 
Corinthian  temple,  with  18  columns,  on  a  high 
podium.  The  tufa  foundations,  of  which  con- 
eiderable  remains  still  eiisl,  are  of  much  earlier 
date.  Of  the  marble  part  nothing  remains  but 
fallen  fragments  of  columns  and  entablature, 
which  are,  however,  auHicient  to  give  the  deeign 


the  most  primitive  cults  of  ancient  Rome,  wai 
the  TertpU  of  Ifie  Dea  Dia  in  the  sacred  grove  of 
the  Collegium  of  the  Fralrca  Arralei,  a  short 
distance  outside  the  Porta  Portuensis.     [For  the 

The  PanfAcon,  built  by  M.  V.  Agrippa  in  the 
Campns  Martins,  is  the  most  statelr  and  magni- 
ficent of  all  Roman  circular  temples.  It  was, 
most  probably,  originally  designed  a*  part  of 
the  Thermal oi  Agrippa,near  to  which  it  stands; 
but  it  seems  to  have  been  consecrated  as  a 
temple  to  a  number  of  deities  as  soon  as  it  wit 
completed.  It  is  covered  bv  a  magnificent  dome 
142  feet  in  diameter,  with  a  circular  hypaelhral 
opening  at  the  top.  The  wall*,  which  are 
20  feet  thick,  are  of  concrete  faced  with  trian- 
gular bricks,  and  partly  covered  with  ■  liniDg 
of  marble  slabs  both  inside  and  outside.  The 
dome,  which  is  also  of  concrete,  was  covered 
with  tiles  of  gilt  bronze.  Magnilicent  mono- 
lithic colnmna  of  coloured  marbles  fVom  Phrygia 
and  Numidia  are  used  to  decorate  the  aeries  of 
nltar-recesaes  round  the  interior.  In  front  is 
a  stately  octastyle  portico  of  the  Corinthian 
order,  with  monolithic  unfluled  colomni  of 
grey  and  red  granite  trom  Kgrpt.  An  inscrip- 
tion on  the  fHeie  records  its  building  by  Agrip^'a 
in  37  B.C.  Within  the  pediment  was  ■  large 
group  in  bmnie  of  the  battle  of  the  gods  and 
the  giants.  The  great  doorway  atill  contains  its 
original  double  doors  of  massive  bronie,  dirided 
into  moulded  panels,  with  enriched  1i  isi  on 
the  framing;  tlie  whale  was  once  thlekl*  gilt. 
With  the  exception  of  the  ihuple  of  'Wrru 
Somalaii,  the  >on  of  Uateotins.  in  the  Forum 
Romnnum,  the  Pantheon. is  the  only  Roman 
building  which  still  retains  ita  original  brnnir 
doora  tn  Ji(u.  Those  of  the  Cuna  are  nnir 
placed  in  the  main  entrance  nf  the  Literan 
Basilica,  having  been  nioved  there  in  the  liith 
century. 

The  principal  temples  which,  in  part  at 
least,  still  exist  in  the  Forum  Somanum  are 
theie:— 

The  Temple  o/  Caitor,  at  the  sooth  an^le  of 
the  Forum,  was  a  verji  lina  octastyla,  pariptenl 


TEMPLina 


TEUPLCH 


791 


Imilding  of  CotiDthiiu  itylc,  elecsled  on  >  lofty  |  wlndavi  to  light  th«  cells,  trbich  contuoed  i 
jinlivm.  Three  of  it>  colnmni  of  white  Pentelic  Tery  fine  collection  of  Greek  sculpture.  Eicept 
marble  ire  itiU  stBrnJing,  together  with  a  portion  j  the  greiit  concrete  podium,  little  now  remsini  of 
.if  the  rich  enlsblntare.  The  existing  temple  ,  thii  once  nugnificent  temple, 
M  u  built  in  the  reign  of  Augustue  on  the  site  The  Templt  of  Veipasian,  Thlcb  itandi  cloie 
•if  sQ  older  stone  temple  dedicated  totheDioicari  |  by  thnt  of  Concord,  iru  i  proityte,  heiutyle 
ill  oommemontion  of  their  appeuanoe  in  Rome  building  ofthe  Corinthian  order.  Its  rear  wall, 
after  the  batUe  of  Lake  Regillns  (see  fig.  14>  I  like  that  of  the  Templeof  Concord,  Is  set  against 
the  front  of  the  "  TabQlarium."     This  tem- 

Ela  was  bnilt  bjr  Titn*  and  Domitian  in 
onour  of  their  father ;  three  of  iti  colnmna 
are  «till  ilnnding,  made  of  Lnna  marble. 

The  TcmpU  of  Saturn  itandi  in  front  of 
th*  laat-named  building.  The  prewnt  tem- 
ple,«bich  occnpiei  the  lile  of  one  at  the 
oldest  of  the  Rornan  temples,  date*  oalj 
from  a  rebnilJing  in  the  reign  of  IHocletian 
afler  a  fire.  It  is  a  prostyle,  heiaat]rle 
bnilding,  of  the  Ionic  order,  ,with  colnmna 
of  granite.  It  was  very  carelesely  and 
clnmsily  rebuilt;  some  of  the  columns  are 
■et  nptide  donn,  and  the  details  of  monld- 
ingii  and  enricbmenti  are  of  the  coarteat 
style.  In  early  times  part  of  this  temple 
wa»  Dud  as  the  public  treasury  of  Rome — 
the  Aerarium  Satumi  (i^ee  Serrina  ad  Am. 
ii.  116,  and  Mncrob.  Saturn.  L  8). 

The  Templt  of  Favttina  alandi  at  the 
eastern  angle  of  the  Forum.  It  U  a  heia- 
atyle,  prontyle,  Corinthian  building,  with 
large  monolithic  column*  of  Cuystiin  mar- 
bU  (modern  cipollino).  The  temple  waa 
built  by  Antoninna  ?iua  in  honour  of  his 
wife  Diva  Faustina,  and  after  bis  death  the 
temple  was  jointly  consecrated  to  him  also 
by  the  Roman  senate.  With  the  eiception 
of  the  back  wall  of  the  cella,  tha  building 
is  still  vtij  perfect. 

Two  small  bronie  shrine*,  atdicubit, 
stood  on  the  rerge  of  the  Forum.  One  of 
these  wni  the  SArine  of  Concord,  near  the 
large  marble  temple  dedicnted  to  that  deity 
(LiT.  ix.  4ti).  The  other  was  the  bronze 
Shrint  of  Janai,  on  the  north-east  side  of 
th*  Forum,  the  doora  of  which  were  onlf 
closed  during  the  rare  times  when  tha 
Romans  were  r.t  peace  with  all  the  world. 
This  curious  little  building  is  very  clearly 
shown  00  A  First  Brass  of  Nero,  struck  to 
commemorate  the  closing  of  its  doori.  It 
id  simply  a  small  cella,  covered  with  bronxe 
plates,  and  decorated  with  an  elnborate 
>f  the  same   metal ;  tha  whole  was 


n  Rorainam.  The  rlgbt-hand  half  stu 
Ih*  upper  temple,  tbe  oUiet  half  bIkiw*  Uie  OHisti 
tliin  of  Ih*  pnliuiH.  cwislstlDg  of  ■  great  nua 

Wawvptuquadratw 

M  of  th*  two  Kslnc*. 


D.  Eibtli«  IVagment  oT  iiHulc  paTdnent. 

The  Tfmpic  of  Dimit  yWrat  stands  close  by 
that  of  Castor;  it  was  hoilt  by  Augustus  in 
honour  of  hU   adoptive    father.     Xothing  now 

few  awltered  fragmcnti  of  marble.  Vitruvins 
<iii.  3,  2)  mentions  this  temple  as  an  example  of 
tlose  orjiyinostyU  in  tercel  umnial  ion. 

TTie  Temple  of  Concord,  which  was  rebuilt  by 
Augustus  on  an  enlarged  scale,  is  abnorninl  in 
I'lan,  owing  to  its  position  close  againit  the  wall 
if  the  so-called  Tahuluriuia  of  the  Capitol.  It 
h.-id  a  large  oblong  cella,  decorated  with  rows  of 
internal  columns  set  on  a  lofty  plinth  or  podium 
nil  round  the  interior,  nod  a  lofty  heiaatyle 
portico  facing  on  to  the  Fornm,  and  approached 
by  a  long  flight  of  marbte  steps.  The  detnila  of 
■the  entablature  and  the  Inlemal  decorations  of 
the  cella  are  verr  rich  and  delicate  in  eieculioo. 
On  e.ich  mU'  of  the   portico   were   two   large 


probably  gilt. 

Though  not  what  we  should  call  temples,  yet, 
in  the  Roman  sense,  the  Curia  or  Senale-housa 
and  the  Hoitra  were  templa,  as  having  been 
consecrated  bv  the  augurs.  The  present  re- 
mains of  the  Carui,  on  the  north-east  of  the 
Forum,  are  not  older  than  the  time  of  Diocletian. 
it  is  a  very  simple  building  of  concrete  face<l 
with  brick ;  the  whole  of  ita  marble  decorations 

The  existing  BoHra,  a  platfoTm  for  public 
speeches,  on  the  north-west  side  of  the  I^iirum, 
dates  from  the  time  of  Juliiu  Caesar,  44  B.C. 
The  from  of  the  platform,  which  is  SO  feet 
long,  was  faced  with  while  marble,  and  decorated 
with  the  broDie  beaks  of  ships  taken  at  Antium. 
[ROBTRA.] 

Templa  In  tlu  Imperial  fbm.— The  fire  Fora 
in  Rome,  which  were  built  under  the  Empire  to 


792 


TEMPLUM 


TEMFLUH 


relieve  the  press  of  business  in  the  old  Forum 
BoxnanniD,  each  contained  an  important  temple 
in  a  central  position  within  the  circuit  of  its 
walls.  The  first  of  these  was  built  by  Julias 
Caefiar,  near  the  north  angle  of  the  old  Forum. 
Within  it  was  a  temple  dedicated  to  Venus 
Genitrixy  whose  statue  was  the  work  of  the 
Oreek  sculptor  Arcesilaos  (Suet.  Jul,  26,  and 
Plut.  Cats,  60).  No  remains  of  this  temple  are 
now  visible,  the  site  being  covered  by  modem 
houses. 

The  second  Forum,  that  of  Augustus,  contains 
the  Temple  of  Mars  Ultor,  dedicated  to  com- 
memorate the  vengeance  taken  on  the  murderers 
of  J.  Caesar.  It  is  a  prostyle,  tetrastyle, 
Corinthian  temple :  a  considerable  part  of 
it  still  exists,  close  by  the  Arco  da'  Pantani, 
The  adjoining  piece  of  circuit-wall  of  the  Forum 
is  one  of  the  most  imposing  of  all  the  ancient 
remains  in  Rome ;  it  is  built  of  massive  opus 
quadraium  ofpeperino. 

The  next  Forum,  built  by  Vespasian  near  the 
east  angle  of  the  old  Forum,  contained  a  very 
'magnificent  Temple  of  Peaces  richly  decorated 
with  Greek  spoils  in  the  form  of  statues  in  bronze 
and  marble  by  the  most  celebrated  sculptors. 
In  this  temple  were  also  placed  the  spoils  of  the 
Temple  at  Jerusalem,  sacked  by  Titus  in  70  a.d., 
including  the  candlesticks,  the  table  of  offering 
and  the  trumpets,  all  of  gold,  which  nre  repre- 
sented in  one  of  the  reliefs  inside  the  Triumphal 
Arch  of  Titus  on  the  Summa  Sacra  Vin.  No 
remains  of  this  temple  are  now  known. 

The  fourth  Forum,  built  by  Nerva,  contained 
a  fine  tetrastyle,  prostyle,  Corinthian  temple 
dedicated  to  Minerva.  Tart  of  it  remained  till 
the  year  1606,  when  it  was  finally  destroyed  for 
the  sake  of  its  fine  marble  columns,  which  were 
taken  by  Pope  Paul  V.  to  use  in  decorating  the 
Basilica  of  S**.  Maria  Maggiore. 

The  latest  Forum,  architecturally  the  most 
magniBcent  of  them  all,  was  built  by  Trajan 
about  the  year  114  A.D.  Its  temple  stood  on 
the  north-east  side  of  the  Forum,  facing  the 
great  triumphal  Column  of  Trajan,  which  is  still 
one  of  the  most  conspicuous  and  best-presei'ved 
monuments  of  ancient  Rome. 

The  Campus  MariiuSf  which  was  the  most 
magnificent  portion  of  ancient  Rome,  contained 
a  large  number  of  fine  temples,  mostly  crowded 
with  works  of  art.  One  group  of  three  temples, 
set  closely  side  by  side,  bordered  on  the  small 
Forum  Olitoriom.  Scanty  remains  of  the  three 
still  exist  in  the  church  of  S.  NiccoI6  in  Carcere : 
they  are  shown  on  one  of  the  fragments  of  the 
marble  plan  of  Rome,  made  in  the  time  of 
Severus,  which  is  now  preserved  in  the  Capito- 
line  Mt^^um.  Another  very  magnificent  group 
of  temples  adjoined  the  Porticus  Octaviae, 

The  Capitoiine  iTiV/.— Twoof  the  chief  temples 
of  Rome  stood  on  the  Capitoiine  hill  ;  the  one 
on  the  Tarpeian  peak  was  dedicated  to  Jupiter 
Capitolinus.    It  has  been  described  above. 

The  opposite  peak,  the  Arx^  was  crowned  by 
the  great  Temple  of  Juno  Moneta  (**  the  Ad- 
viser"): it  was  the  site  of  the  early  Roman 
mint,  whence  moneta  came  to  mean  **  money." 
The  stately  Franciscan  church  of  S'*.  Maria  in 
Ara  Coeli  now  occupies  its  site. 

A  number  of  smaller  temples  occupied  the 
depression  between  the  two  peaks  of  the  Capi- 
toiine hill  which  was   known  as  the  Asylum. 


One  of  these,  the  Temple  of  Jupiter  Fentriusy, 
dated  from  pre-historic  times,  and  was  popularly 
said  to  have  been  founded  by  Romulus  (Lir. 
i.  10). 

A  small,  very  perfect,  circular  temple  of  un- 
known dedication  stands  in  the  Forum  Boarium 
on  the  Tiber  bank,  close  by  the  mouth  of  oce- 
of  the  great  drains,.c/oacae.  In  design  and  size 
it  closely  resembles  the  Temple  of  Vesta,  showa 
in  fig.  13. 

The  largest  of  the  temples  in  Rome  was  the 
double  Temple  of  Boma  Aetema  and  Vewu  Fdii. 
built  by  Hadrian  and  Antoninus  Pius,  and  sai<l 
to  have  been  designed  by  Hadrian.  Remains  ot' 
its  immense  concrete  podium  are  visible  on  tbe 
north  side  of  the  Sacra  V^ia,  extending  dowa 
towards  the  Colosseum.  It  was  a  decastrle^ 
dipteral  temple  of  the  Corinthian  order,  with 
two  apsidal-ended  cellae  set  end  to  end,  sad 
enclosed  by  the  same  double  peristyle  of 
enormous  monolithic  columns  of  porphyry  and 
granite.  The  concrete  walls  of  the  two  oellse 
were  faced  with  blocks  of  marble  and  decorated 
with  internal  niches  and  columns  of  varioas 
richly-coloured  foreign  marbles.  Inside  the 
cellae  were  colossal  statues  'of  Venus  and  Boms,, 
together  with  many  imported  statues  and  other 
works  of  art.  Throughout  the  Middle  Ages  the 
ruins  of  this  magnificent  temple  were  used  as 
quarries  to  supply  marble  and  porphvry.  The 
greater  part  of  the  sumptuous  marble  decora- 
tions and  statues  were  burnt  into  lime  on  the  (^ 
spot  in  kilns  formed  of  broken  pieces  of  the 
great  granite  and  porphyry  columns.  This  i» 
the  reason  why  so  very  little  now  remains  of 
this  enormous  building. 

The  Temple  of  Quirinus^  on  the  Quirinal  hill, 
which  existed  as  early  as  the  time  of  Vitmrius 
(reign  of  Augustus),  was  also  dipteral,  it 
was  of  the  Doric  order,  with  octastyle  fn>ot» 
(Vitruv.  iii.  2,  7).  No  remains  of  it  are  now 
visible. 

The  two  last-named  buildings  were  the  enly 
dipteral  temples  in  Rome  itself. 

For  further  details  on  the  temples  of  Borne, 
see  Middleton,  Ancient  Borne  in  1888  (Edin- 
burgh, 1888). 

Provincial  TempUa. --^  X  large  number  of 
important  Roman  temples  still  exist  in  vfrioa^ 
provinces  of  the  Empire.  The  Temple  of  Bema 
and  Divus  Augustus  at  Ancyra  in  Gauitia— a 
Corinthian  hexastyle,  peripteral  building—ii  ot 
special  inter^t  from  the  walls  both  of  the  celU 
and  pronaos  being  cut  with  the  celebrated 
inscription  of  the  Bes  gestae  of  Augustus,  whick 
was  copied  from  the  sepulchral  inscriptions  oo 
two  bronze  pillars  in  front  of  the  Mausoleum  of 
Augustus  in  Rome.  The  text  is  given,  both  in 
Greek  and  Latin  (see  Mommsen,  ifon.  A»q/r^ 
1883).  (For  this  and  for  other  Roman  Um|dc» 
in  Asia  Minor,  see  Texier  and  Pullan,  Atii 
Minor,  1865,  and  Perrot  et  Guillaume,  Exfkr- 
Arch,  de  Galatie,  1872 ;  others  are  illustrated 
by  Le  Bas,  Vot/,  Arch,  en  Grece,  &c,  ed.  Reinsch, 
1888.) 

Northern  Africa  is  also  rich  in  remaias  cr 
Roman  temples  of  Imperial  date.  A  rerr 
remarkable  group  of  temples  exists  at  Snfetnls 
(modem  Sbeitta,  in  Algeria),  in  the  province  ©f 
Carthage.  A  handsome  tememts  or  portiaUr 
surrounded  by  a  colonnade,  about  200  fee' 
square,  encloses  three  temples  built  side  by  adt^ 


TENSAE 


TEBMINAUA 


79$ 


of  timilar  size  and  design,  except  that  the 
central  one  has  Composite  capitals,  while  the 
others  are  Corinthian.  Each  is  a  tetrastyle, 
prostyle  bnilding,  with  engaged  columns  outside 
the  oella  walls.  A  iine  triple  archway,  in- 
scribed with  the  names  of  Hadrian  and  Antoninus 
Pius,  is  set  at  the  entrance  into  the  tememtg. 
This  system  of  grouping  sereral  temples  to- 
gether was  a  common  Roman  custom,  intended 
to  give  great  magnificence  of  effect. 

One  of  the  best-preserved  of  Roman  temples  is 
the  so-called  matson  carr^  at  Mimes  (Nemausus). 
This  is  a  richly  decorated  Coiinthian  bnilditig, 
with  a  hezastyle,  prostyle  portico  and  engag^ 
columns  outside  the  cella  walls.  Its  detail  is 
remarkably  delicate  and  well  designed,  as  is  the 
case  with  other  Roman  buildings  in  Southern 
France ;  probably  on  account  of  some  survival 
of  early  influence  from  the  Greek  colonists  of 
Massilia  (Marseilles)  and  its  neighbourhood. 

Jiamano-British  Ten^les* — In  Britain  remains 
of  a  good  many  Roman  temples  have  been  dis- 
covered, but  none  are  in  a  good  state  of  preser- 
vation. Though  similar  in  plan  and  general 
design  to  the  temples  in  Italy,  they  differ  in 
being  usually  built  of  rubble  stone-work,  made 
of  local  materials,  instead  of  the  concrete  faced 
with  marble  which  is  so  common  in  Rome. 
Mosaic  floors  occur  frequently,  with  Utserae 
made  of  burnt  clay  and  different-coloured  lime- 
stones, instead  of  the  rich  marbles  which  were 
used  in  the  mosaics  of  Italy  and  Africa.  In  all 
cases  the  walls  seem  to  have  been  coated  with 
stucco,  though  very  frequently  but  little  of  the 
stucco  still  remains,  owing  to  its  being  made 
of  the  inferior  Oolitic  limes,  and  without  the 
pozzoUma  which  gives  such  enduring  strength 
to  the  cements  and  stuccoes  of  Italy.  It  was,  no 
doubt,  owing  to  the  want  of  pozzolana  that  the 
Romans  in  Britain  made  comparatively  so  little 
use  of  concrete  for  building  walls  and  vaults. 

At  Lydney,  in  Gloucestershire,  a  very  interest- 
ing temple  was  discovered  in  1805,  dedicated  to 
a  Romano-British  deity  called  Nodens,  who 
appears  to  .have  been  akin  to  the  classical 
Aesculapius.  A  very  extensive  enclosure  sur- 
rounds the  temple,  and  on  one  side  of  it  are 
remains  of  a  large  house,  designed  on  the  usual 
.  Romano-British  plan,  with  its  rooms  grouped 
round  the  four  sides  of  an  open  portictu,  very 
like  a  mediaeval  cloister  (see  ArchaeohgiOj  v. 
p.  208;  and  Bathuxst,  Homan  Antiqtutiea  of 
Lydwtf,  1810). 

The  remains  of  the  Roman  city  of  Silchester 
are  specially  interesting  for  the  completeness,  in 
plan  at  least,  of  the  whole  group  of  sacred  and 
secular  buildings  around  the  public  Forum  (see 
Archaeologiay  vol.  1.,  p.  263).  In  roost  cases, 
however,  Roman  cities  in  Britain  have  continued 
to  be  inhabited  ever  since  the  Roman  period, 
and  the  building  of  later  houses  has  usually 
obliterated  the  remains  of  the  ancient  struc- 
tures. [J.  H.  M.] 

TENSAE.    [Thesbae.] 

TEPID' ABIUM.    [BALyEAK.] 

TE'BEBRA  (rpi^aver,  rpinrdyiey,  r4ptrpo¥% 
any  instrument  for  boring  wood,  stone,  or  metal. 
Pliny  gives  Daedalus  as  the  traditional  inventor 
(J7.  N.  vii.  §  198 ;  cf.  Sesra).  We  find  a 
distinction  between  terebra  tmtiqucif  which  pro- 
duced dust  (sco6is),  and  tertbra  galUcOf  which 
produced  ratnenta  or  shavings  (Plin.  ff.  If*  xvii. 


§  116;  Colum.  iv.  29,  15  and  16).  The 
definition  is  not  very  clear :  some  have  imagined 
that  the  cmtiqua  was  a  simple  gimlet,  and  the 
gallica  a  centre-bit,  of  which  implement  an 
ancient  specimen  is  preserved  in  the  Ziirich 
Museum  (see  Blumner,  Techn,  ii.  fig.  43,  i) :  the 
iron  part,  which  alone  remains,  is  like  that  of 
a  rocdem  centre-bit.  A  centre-bit,  however, 
would  not  be  a  convenient  tool  for  boring  a  tree 
in  order  to  graft ;  and  moreover  the  fact  tha> 
both  Pliny  and  Columella  give  as  a  further 
distinction  of  the  galiica  that  it  does  not,  like 
the  other  kind,  generate  heat  in  boring,  suggests 
that  the  antiqua  was  a  drill-borer,  in  principle 
like  that  described  in  the  Odyssey  (see  below)^ 
and  the  galiica  a  gimlet  with  a  large  spiral.  It 
may  be  added  that  we  should  expect  the  simple 
pointed  drill,  worked  as  Homer  describes  it,  to 
be  an  earlier  contrivance  than  a  borer  with  a 
spiral,  which  implies  more  advanced  art  both  in 
the  inventor  and  the  maker.  Blumner  suggests 
that  the  r^&rta^w  and  rdprrpop  correspond 
respectively  to  the  terebra  antiqua  and  ter^tra 
gaiiica ;  but  the  definition  in  Etym.  Mag.  makes 
the  riprrpov  merely  a  smaller  rpirwww. 

We  find  on  monuments  one  kind  of  terebra 
exactly  like  our  gimlet :  another  kind  in  common 
use  (and  probably  the  older  "  invention  of  Dae- 
dalus ")  was  the  ^  bow-drill,"  a  borer  twirled 
round  by  means  of  a  bow,  the  string  of  which 
was  twisted  round  the  handle  of  the  drill.  This 
contrivance  lasted  till  modem  times,  but  has 
now,  we  believe,  been  universally  superseded  byt  ' 
the  ** brace"  or  bent  handle.  In  the  cut  on 
page  243  both  parts  of  the  bow-drill  are  shown 
separately;  the  compasses  (etrcint)  lie  between 
them.  The  shipwright's  borer  mentioned  in 
Od.  ix.  384,  Eur.  Cy(A.  460,  was  similar  in 
principle,  but  on  a  larger  scale.  In  these 
passages  it  is  described  by  the  general  term 
rpfdmtufwi  it  had  also  a  specific  name  h^s 
(AnM.  Pai,  vi.  103;  Poll.  viii.  113).  The 
wooden  holder  for  the  iron  part  of  the  terebr» 
was  called  vagina  (Plin.  H,  N,  xvi.  §  230). 
More  references  and  several  figures  from  an- 
cient representations  of  boring  implements 
will  be  found  in  Blumner,  I'echnologief  iu 
pp.  223-226.  [G.  E.  M.] 

TERENTI'NI  LUDL  [Ludi.] 
TEBMINA'UA,  a  festival  in  honour  of  the 
god  Terminus,  who  presided  over  bonndarie* 
(Dionys.  ii.  74;  Pint.  Awn.  16,  Qu.  B.  16>. 
His  statue  was  merely  a  stone  or  post  stuck  ii^ 
the  ground  to  distinguish  between  properties. 
The  boundary-stone  at  its  first  sstting  up  wss 
consecrated  with  peculiar  ceremonies.  A  trenchx 
being  dug.  a  victim  was  sacrificed:  the  blood 
was  poured  into  the  trench  while  the  ministrants* 
were  veiled  (which  speaks  for  the  antiquity  of 
the  rite  and  its  Soman  character ;  cf»  Sacrifi- 
CiUM,  p.  586  a) :  the  body  of  the  victim,  along* 
with  com,  fruits,  incense,  honey  and  wine,  wa» 
cast  into  the  trench  and  the  whole  consumed  by 
blazing  pine-brands:  the  boundary-stone  was 
set  upon  the  bed  of  ashes  (Sic  Flacc.  p.  141,  8).. 
On  the  festival  the  owners  of  adjacent  property 
crowned  the  statue  with  garlands  and  raised  a^ 
rude  altar,  on  which  they  offered  up  some  com,, 
honeycombs,  and  wine,  and  sacrificed  a  Iamb 
(Hor.  £pod.  ii.  59)  or  a  sucking-pig.  They^ 
concluded  with  singing  the  praises  of  the  god. 
(Ovidy  Fast.  iL  639,  lie.).    The  public  festival  in. 


•794 


TEBRACOTTAS 


TERRACOTTAS 


liODOur  of  this  god  ([»erhapg,  as  Huschke  thinks, 
•  >in  earlier  times  marking  the  conclasion  of  the 
.Roman  year)  was  celebrated  at  the  sixth  mile- 
stone on  the  road  towards  Laurentum  (/d.  682), 
doubtless  because  this  was  originallj  the  extent 
•of  the  Roman  territory  in  that  direction  (Mar- 
•quardt,  Staatsverw.  iii.  202). 

The  festival  of  the  Terminalia  was  celebrated 

a.  d.  yii.  Kal,  Mart.y  or  the  23rd  of  February  on 

-the  day  before  the  Regifugium.     When  Cicero 

;in  a  letter  to  Atticus  (vi.  1)  says,  *'  Accepi  tuas 

litteras  a.  d.  v.  Terminalia"  {i,e.  Feb.  19),  he 

-uses  this  mode  of  defining  a  date,  according  to 

Mommsen,  because  being  then  in  Cilicia  he  had 

no  official  notice  of  the  intercalation  which  was 

•<lue  that  year.     But  Huschke  thinks  that  this 

was  then  the  regular  mode  of  expressing  that 

date  in  ordinary  (not  intercalated)  years.      He 

•<:ites  an  Inscr.  from  Capua,  14th  Feb.  A.i;.C.  659, 

**■  Pagus  Herculaneus  scivit  a.  d.  x.  Terminalia  " 

•^Orelli,  3793).    As  to  the  method  of  intercalation, 

.and  the  connexion  of  the  date  Feb.  23rd  with 

the   conclusion   of  the  old    Roman  year,    see 

Oalendarium,   Vol.   I.   pp.  341   6,   342 ;   and 

•compare  Mommsen,  Ckronclofjie^  p.  38  ;  Huschke, 

Das  rdm,  Jahr,  p.  149.         [W.  S.]    [G.  E.  M.] 

TERRACOTTAS.  Finding  the  term  K€pa- 
fxiKif  r4x»^  too  comprehensive,  since  it  included 
the  whole  of  the  potter's  art,  the  Greeks  had 
recourse  to  certain  special  names  or  phrases 
for  works  of  art  modelled  or  moulded  in  terra- 
■cotta:  they  called  the  maker  of  statuettes  a 
icopoir\dimjs  or  KoponXdBos;  iwvoirXdBos  was 
•one  who  modelled  figures  to  be  fired  in  a  kiln ; 
41  relief  made  from  a  mould  was  an  iKrvtrov  or 
dKT^irufJM  \  and,  in  general,  terracottas  were 
•iydiKfjiaTa  ijrr^s  y^s.  The  Romans,  while  using 
■«uch  special  words  as  ^ntefixa  and  ectypa  for 
reliefs,  designated  statues  and  statuettes  of 
terracotta  as  signa  fictilia^  and  the  makers  of 
them  fictores  or  plastae.  They  had  no  extensive 
•^rt  of  pottery  and  vase-painting  as  had  the 
<jreeks;  and  for  that  reason  the  term  ars 
fictilis  adequately  described  all  their  productions 
in  terracotta. 

In  Greece  the  oldest  application  of  terracotta 
.as  an  art  independent  of  the  vase-maker  was 
for  the  roofs  and  cornices  of  temples.  For  this 
purpose  marble  is  said  to  have  been  first  intro- 
4luced  by  Euergos  of  Naxos,  whom  Pausanias 
•{v.  10,  3)  confounds  with  his  son  Byzes.  This 
happened  as  early  as  the  seventh  century  B.C., 
during  the  reign  of  Alyattes  in  Lydia.  But  that 
the  invention  had  not  at  once  found  acceptance 
is  certain  from  fragments  of  cornices  found  at 
'Olympia  and  in  Sicily,  which  show  that  terra- 
cotta had  continued  to  be  employed  in  archi- 
tecture long  after  this  date.  A  very  careful 
inquiry  on  this  subject,  with  plates  displaying 
the  original  patterns  and  colours  of  the  archaic 
terracotta  cornices,  will  be  found  in  a  memoir 
•by  Dorpfeld  and  others  (^Die  Verwendwng  von 
Terrakottoi).  The  designs  of  these  cornices 
were  made  from  moulds  {r{nroi\  and  one  mould 
of  a  lion's  head,  for  example,  would  be  sufficient 
for  a  whole  cornice.  The  uniformity  of  effect 
was  compensated  by  brightness  of  colouring. 
According  to  tradition,  it  was  a  Corinthian, 
Butades,  who  first  made  terracotta  masks  for 
the  fronts  of  the  roof-tiles;  that  is,  for  the 
cornices  of  temples.  His  date  has  not  been 
ascertained ;   his  personality  has  been  rendered 


slightly  legendary ;  but  the  tradition  embodies 
a  fact  otherwise  known,  viz.  the  important 
position  of  Corinth  in  early  times  as  a  centre 
of  work  in  terracotta,  having  a  powerful  io- 
fluence  in  Greece  on  the  one  hand  and  in 
Etruria  on  the  other.  Meantime  as  regards  th" 
continued  use  of  terracotta  in  architecture  down 
to  Roman  times,  we  may  cite  the  examples  of 
cornices  found  in  the  ruins  of  Pompeii  (H.  von 
Rohden,  Die  Terracotien  ten  Pompei,  1880)  ao«l 
the  numerous  panels  with  reliefs  obtained  fron: 
the  neighbourhood  of  Rome,  of  which  a  specimen 
wifl  be  seen  under  Antefixa  representing  the 
making  of  the  Argo.  Or,  to  take  an  earlier 
example  from  Greece  itself:  when  Psusanias 
(i.  3,  1)  speaks  of  aydKfwrti  Awrijs  yrjs  on  the 
roof  of  the  Stoa  Basileios  at  Athens,  he  probsbir 
refers  to  such  decorations  of  the  cornice  as  thosr 
just  mentioned.  The  Stoa  in  question  stoo^l  i& 
the  Ceramicos,  at  Athens,  and  the  ag(dmata  re- 
presented Theseus  throwing  Sciron  into  the 
sea  and  Hemera  carrying  off  Cephalos.  Tvcn 
subjects,  unless  repeated  in  the  manner  just 
described,  could  not  be  regarded  as  sufficient 
decoration  for  a  Stoa.  Further,  it  may  be 
inferred  that  the  two  groups  were  in  relief, 
from  the  fact  that  the  violent  action  of  the 
figures  would  not  suit  sculpture  in  the  round  in 
a  material  so  weak  as  terracotta.  Hemeni 
carrying  off  Cephalos  occurs  in  a  fine  archaic 
relief  in  the  British  Museum  found  at  Camiros 
in  Rhodes,  and  evidently  made  to  be  attached  85 
an  ornament  to  some  background.  For  simiUr 
reliefs  found  in  Athens,  and  treated  in  the  samf 
severe  but  delicate  style,  see  SchSne,  Gricchis-he 
Reliefs,  pll.  30-35.  They  may  have  been  mad> 
to  be  attached  to  the  walk  of  tombs,  or  for  i)\* 
internal  decoration  of  houses,  and  wonld  couic 
within  the  term  rvroi.  The  Ceramicos  at  Athens 
was  so  named,  according  to  Pliny  (^H.  N,  xxxr. 
§  155),  from  its  being  there  that  Chalcosthenes 
had  his  workshop  and  made  rude  figures  {cnttit 
opera)  of  clay.  When  marble  finally  replscel 
terracotta  for  architectural  purposes,  the  design.^ 
and  processes  of  colouring  which  bad  been 
evolved  in  the  decoration  of  the  clay  were  trans- 
ferred without  change  to  the  new  material. 

In  Etruria  and  among  the  early  Romsns  the 
application  of  terracotta  to  architecture  appear^ 
to  have  been  more  extensive  than  in  Greece. 
Pliny  says  {ff.  N,  xxxv.  §  157X  **elaboratam 
banc  artem  Italiae  et  maxume  Etrnriae  ;**  an! 
these  words  follow  upon  a  statement  quoted 
from  Varro  that  all  the  artistic  decoration.^  of 
temples  were  of  Etruscan  workmanship,  prerioos 
to  the  time  when  Damophilos  and  Gorgas<« 
adorned  with  sculpture  in  terracotta  and  with 
paintings  the  temple  of  Ceres  in  Rome.  CH 
terracotta  was  the  statue  of  Jupiter  in  hi^ 
temple  on  the  Capitol  which  Tarquinios  Prisru.'. 
(or  perhaps  Superbus)  commissioned  the  artist 
Turrianus  to  make  (Pliny,  ioc.  city  On  hijiii 
festivals  the  face  of  this  statue  was  paintei 
with  minium.  On  the  highest  point  of  thr 
front  pediment  of  this  temple  stood  a  terra- 
cotta quadriga  (ncerr^  ftopv^V  iirterr^at,  &a7> 
Plutarch,  Pvblicoi.  13,  but  Pliny,  foe  dU  \< 
less  explicit:  '^fictiles  in  fastigio  templi  eju* 
quadrigas  ").  This  quadriga  had  been  removed 
forcibly  by  Tarquin  from  Veii,  where  it  hsd 
been  held  sacred  and  inviolable  from  a  ctrcum* 
stance  attending  the  making  of  it,  9M  relsted 


TERRACOTTAS 


TERRACOTTAS 


T95 


by  Plutarch  in  the  passage  just  cited.     When 
put  into  the  kiln  to  be  baked,  the  quadriga, 
instead  of  shrinking  in  size  as  usual  from  the 
drying-up  of  the  moisture  in  the  clay,  expanded 
so   much   that  the  roof  and  sides   of  the  kiln 
had  to  be  removed  to  get  it  out.     As  regards 
this  technical  effect,  it  may  be  remarked  that 
the  Assyrian  tablets  with  cuneiform  inscriptions 
frequently    have    a     number    of  small    holes 
punctured  in   the   clay  to  allow  the  escape  of 
moisture  during  the  process  of  baking.     In  a 
work  of  art,  however,  especially  a  large  group 
modelled  in  the  round,  the  only  safeguard  against 
its  being  destroyed  by  the  shrinking  of  the  clay 
in  the  kiln  lay  in  its  being  hollow  and  thin, 
so   that   whatever  moisture   was    in  the   clay 
could  readily  escape.     How  difficult  a  task   it 
was  to  obtain  success  under  such  circumstances 
may  be  seen   in  the   large  sarcophagus   from 
Caere  (Cervetri)  now  in  the  Etruscan  saloon  in 
the  British  Museum  (engraved,  Dennis,  Etruria, 
2nd  ediL  i.  p.  227,  and  Enctfclopaedia  Britannica, 
'9th  edit.,  s.  r.  Etruria,  vol.  viii.  pi.  8).     In  this 
•case  the  clay  seems  to  have  been  largely  mixed 
with  pounded  brick,  and  to  have  acquired  there- 
l>y  great  tenacity.      But  notwithstanding  this 
l)recautton,  and  the  fact  that  the  two   figures 
reclining  on  the  lid  of  the  sarcophagus  are  hollow 
«ven  to  the  toes,  it  will  be  seen  in  several  places 
that  the  shrinkage  has  seriously  damaged  the 
Artistic  effect.     The  date  of  the  sarcophagus  in 
•question  can  hardly  be  later  than  B.C.  550,  and 
it  may    thus   perhaps   fairly   be  taken   as   an 
illustration   of  the  style  of  art   presented  by 
those   statues   in  terracotta,  which  Pliny  says 
</r.  N.  XXXV.  §  157)  the  early  Romans   were 
not  ashamed  to  worship :  such  for  example  as 
the   Hercules   he   mentions,  the   quadriga  and 
the  Jupiter  already  referred  to.     Probably  also 
the  pediments  of  the  Temple  of  Jupiter  Capito- 
linus,  as  of  other  temples,  were  occupied  with 
stataes    of  terracotta    (Vitruvius,    iii.    3,    5, 
*^  omantque  signis  fictilibus  aut  aereis  inauratis 
«arum   fastigia   Tuscanico   more."     Cicero,    de 
Divitiat  i.  10,  16,  "  Cum  Summanus  in  fastigio 
Jovis  0.  H.  qui  turn  erat  fictilis  a  caelo  ictus 
«sset,"  &C.).     What  appears  to  be   the   front 
of  this  Temple  of  Jupiter,  with  the  quadriga  on 
its  apex,  and  with  Jupiter,  Juno,  Minerva,  and 
other  deities  in  the  pediment,  is  represented  on  a 
bas-relief  of  the  time  of  Marcus  Aurelius  (en- 
grared,  Mem.  delV  Inst.  Arch,  v.  pi.  36).    Cato 
•complained  (Livy,  xxxiv.  4,  4)  that  these  old- 
fashioned  terracotta  decorations  of  temples  were 
despised  in  his  time.     The  high  antiquity  of  this 
branch  of  art  may  be  seen  from  the  fact  stated 
by  Pliny  (If.  N.  xxxv.  §  159),  that  among  the 
trade  guilds  instituted  by  Numa  was  one  of 
%vorkerfl  in  clay. 

While  surpassing  the  Greeks  in  the  produc- 
tion of  larse  groups  in  terracotta,  the  Etruscans 
faiied  in  their  statuettes.  We  may  take  as  ex- 
amples two,  now  in  the  British  Museum,  that 
were  found  in  the  Polledrara  tomb  near  Vulci, 
with  objects  reaching  back  to  at  least  b.o.  600, 
if  not  half  a  century  earlier.  These  terracottas 
^one  of  which  is  engraved  in  Micali,  Monumenti 
Ifusditiy  pi.  4,  fig.  5),  though  rude  in  design,  are 
of  a  fine  clay,  and  present  a  combination  of 
colour  and  gilding  from  which  it  could  be 
.f^upposed  that  in  the  phrase  above  quoted  from 
Vitruvius — ^**  signis  fictilibus  aut  aereis  inaura-  | 


tis  " — this  last  word  may  have  applied  to  the 
terracottas  (fictUHms)  as  well  as  to  the  bronzes 
(aereiay.  Terracotta  figures  combined  with  vases 
are  of  pretty  frequent  occurrence  in  the  black 
ware  of  Chinsi  (Clusium),  and,  like  this  ware 
itself,  they  appear  to  be  imitated  from  designs 
in  bronze  or  other  metal.  It  is  reasonable  to 
conclude  so  from  the  fact  that  the  details  on 
the  surface  of  them  are  marked  by  hatched 
lines,  as  in  metal  working.  The  modelling  is 
always  rude,  and  a  considerable  antiquity  mar 
be  claimed  for  these  terracottas ;  no  less  than 
for  a  small  but  more  freely-modelled  vase,  in 
the  form  of  a  lion,  from  Yeii,  and  inscribed  in 
Etruscan  characters,  Felthur  Hathisnas,  now  in 
the  British  Museum  (Fabretti,  C.  1. 1.  No.  2561). 

Etruscan  urns  of  terracotta  are  for  the  most 
part  of  a  late  date,  and  deal  with  popular  Greek 
myths  and  legends,  or  parting  scenes,  according 
to  designs  evidently  invented  by  Greek  artists. 
The  numerous  portraits  in  this  material  are  also 
as  a  rule  late.  But  though  very  deficient  in 
execution,  they  are  mostly  marked  by  great 
force  in  the  conception,  and  the  broad  forms  by 
which  it  is  conveyed.  It  has  been  supposed 
that  the  Etruscans  had  obtained  this  art,  or  at 
least  a  strong  impetus  to  the  practice  of  it,  from 
the  AYthia^fictores)  Eucheir,  Eugraramos,  and 
Diopos,  who,  Afescape  the  tyranny  of  Cypselos 
in  Corinth,  accompanied  Demaratus,  the  father 
of  Tarquin,  to  Etruria  (Brunn,  Griech.  Kunstkr, 
i.  p.  529).  It  is  known  that  Corinth  was  one  of 
the  earliest  seats  of  the  fictile  art  in  Greece, 
and,  considering  the  inexhaustible  quantities  of 
fine  clay  lying  close  at  hand  still,  it  is  not 
strange  that  this  art  had  flourished  there. 
Etruria,  however,  surpassed  her  instructress,  at 
least  in  the  magnitude  of  her  works.  It  was  at 
Corinth  that  the  idea  of  a  pediment  for  a  temple, 
doubtless  filled  with  figures  in  terracotta,  was 
invented  (Pindar,  Olymp.  xiii.  21);  and  it  was 
Bntades  of  Corinth  who,  as  has  already  been 
said,  was  believed  to  have  been  the  first  to 
introduce  into  the  architectural  decoration  of 
temples  those  antefixal  ornaments  which  have 
been  found  at  Olympia  and  in  Etruria. 

By  far  the  most  numerous  class  of  Greek 
terracottas  consists  of  statuettes,  and  the  great 
majority  of  them  represent  more  or  less  youthful 
female  figures,  whence  arose  the  name  of  Kopo- 
irKdBos  or  icopoirXilonjs,  applied  to  the  makers 
of  them.  A  female  figure  draped  to  the  ground 
naturally  presented  a  broad  base  on  which  it 
could  stand  securely,  as  compared  with  an  un- 
draped  figure  with  easily-broken  ankles  to  sup- 
port it  It  was  not  strange,  therefore,  that  the 
latter — and  the  same  applies  to  male  figures — 
should  have  been  generally  avoided,  unless  where 
a  convenient  attitude,  such  as  sitting  on  a  rock, 
could  be  found.  Again,  whether  it  was  from  the 
unsuitability  of  the  material  to  the  prevalent 
conceptions  of  gods  and  heroes  that  figures  of 
these  latter  were  not  reproduced  as  terracotta 
statuettes,  the  fact  remains  that  deities  and 
heroes  are  of  extremely  rare  occurrence.  Yet  it 
is  clear  that  figures  of  deities  were  used  for 
domestic  worship,  as  in  the  case  of  a  small  clay 
figure  of  Hephaestos  mentioned  by  the  Scholiast 
of  Aristophanes  {Aves,  436)  as  seated  at  the 
hearth  in  the  character  of  Ephoros  of  the  fire. 
Among  other  deities  Aphrodite,  Artemis,  Eros, 
and  Hermes  may  be  said  to  have  been  fairly 


796 


TERBAC0TTA8 


TEEEAC0TTA8 


identified.  Scenes  from  daily  occupations  are 
freqaent ;  so  also  are  dolls  and  playthings,  more 
or  less  comic,  sach  as  the  graves  round  Corinth 
still  yield  in  numbers.  A  fair  proportion  of  the 
statuettes  represent  what  seems  to  be  an  ideal 
of  a  beautiful  young  woman,  much  as  in  the 
China  ware  of  our  own  time. 

Except  the  earliest  examples,  which  are  rudely 
modelled  with  the  hand,  these  statuettes  are 
made  from  clay  moulds,  many  specimens  of 
which  still  exist  (see  the  collection  in  the  Terra- 
cotta Room  of  the  British  Museum).  More  cor- 
rectly, only  the  front  of  the  figure  is  made  from 
the  mould,  the  back  of  it  being  as  a  rule  merely 
a  plain  piece  of  clay  formed  by  the  hand  [see 
£CT7PDSJ.  Or  wiien  the  design  is  carried  round 
the  back,  as  in  forming  the  head  for  example,  it 
appears  to  have  been  usually  executed  by  the 
hand.  Even  in  the  beautiful  group  of  Astraga- 
ligusae  in  the  British  Museum  {Gaz.  Arch,  1876, 
p.  97),  the  back  of  which,  contrary  to  what  is 
customary  in  terracottas,  is  not  without  con- 
siderable attractions,  the  modelling  seems  to 
have  been  completed  in  this  manner.  It  was 
necessary  that  there  should  be  no  undercutting 
in  the  mould  which  would  obstruct  the  removing 
of  the  figure  from  it ;  for  the  ancients  do  not 
appear  to  have  known  the  modem  process  of 
making  piece-moulds.  Or  if  any  injury  were 
done  in  the  removing,  it  would  be  necessary  to 
restore  it  afterwards  with  the  hand,  just  as  it 
was  necessary  to  carry  out  afterwards  in  this 
way  whatever  part  of  the  design  could  not  be 
expressed  in  the  mould.  The  scope  thus  allowed 
for  varietv  in  the  finishing  of  the  figures  enabled 
the  coroplastes  to  give  a  different  appearance  to 
figures  from  the  same  mould,  in  which  also  he 
was  greatly  aided  by  freedom  in  the  use  of  bright 
colours  (tAw  9h  icooowKiBttv  t^utv  rh  t&  X^^^ 
/Bo^ii  fidnrttWf  Pollux,  Onom.  vii.  163).  For 
example,  there  are  two  groups  from  the  same 
mould,  the  one  found  in  the  Crimea  and  now  in 
St.  Petersburg  {Compte-rendUf  1873,  pi.  1,  fig.  2), 
the  other  found  at  Naucratis  and  now  in  the 
British  Museum  {Naucratis^  Pt.  ii.  pi.  16,  fig.  18), 
which  yet  express  differently  this  or  that 
feature  of  the  mould,  and  show  also  what 
changes  could  be  effected  by  colour.  To  produce 
a  mould,  the  first  step  was  to  model  the  desired 
figui'e  in  clay  or  in  wax;  if  the  former  material, 
a  core  of  wood  was  used,  which  was  called  ledjvafios 
(PolluXy  Onom,  vii.  164,  and  x.  189);  if  in  wax,  the 
model  was  next  covered  with  clay  and  subjected 
to  fire,  upon  which  the  wax  melted  away,  leaving 
its  impression  on  the  clay  covering,  which  then 
became  a  mould.  This  clay  covering  is  called 
rtfAi\gy9os  in  Pollux  {Oncm.  x.  190),  aikl  from  his 
description  it  would  appear  that  the  clay  was 
pierced  with  a  number  of  small  holes  for  the 
escape  of  the  vapours  rising  from  the  melting 
wax,  whence  the  iifdKir^s  was  compared  to  a 
shield  pierced  by  many  darts.  In  most  cases 
the  colours  are  simply  painted  on  the  terracotta 
and  easily  destroyed,  yet  instances  are  not  un- 
common in  which  the  whole  figure  is  covered 
with  a  glaze  which  gives  it  the  appearance  of  an 
enamelled  surface.  In  the  best  period  of  this 
glazed  ware  the  colour  is  a  uniform  white. 
Somewhat  later  we  find  white,  brown,  and 
green,  as  in  the  unique  vase  from  Tanagra,  in 
the  British  Museum,  in  the  form  of  a  goose,  on 
which  rides  Eros.    Apparently  this  is  a  revival 


of  a  process  which  may  be  seen  in  certain  archaic 
va.«ies  from  Camiros,  either  made  or  influenced  by 
Phoenician  processes.  In  late  Greek  and  Bomsn 
times  there  is  the  green  glazed  ware,  consisting 
chiefly  of  vases  with  designs  in.  relieC  Amosg 
the  terracottas  found  at  Pompeii  may  be  men- 
tioned a  group  painted  in  bright  and  varied 
colours  which  have  been  converted  by  fire  into 
a  glaze.  This  is  the  interesting  group  repre- 
senting Pero  giving  her  breast  to  her  £unished 
father  Cimon,  and  commonly  known  as  the 
Pieti  Romana.  This  group  is  further  interesUni; 
for  comparison  with  the  existing  ancient  paist- 
ings  of  the  same  subject  (Rhoden^  Terraootttn 
von  Pompeii,  pi.  47  :  cf.  pp.  58,  59). 

There  is  no  class  of  antiquities  with  so  little- 
of  general  interest  in  the  subjects  they  represent 
as  these  terracotta  statuettes,  unless  perhsps  the 
Athenian  lecythi,  which  are  known  to  have  beea 
made  expressly  for  tombs ;  and  from  this  com- 
parison, together  with  the  fact  of  their  being 
mostly  fonnd  in  tombs,  it  is  a  reasonable  con- 
jecture that  they  were  in  many  cases  made  for 
funeral  purposes.  Others,  doubtless,  like  th«- 
figure  of  Ueiihaestos  already  mentioned,  were^ 
destined  for  domestic  use.  There  is  still  s  be- 
lief that  the  female  figures  among  them  ofiea 
represent  Demeter  or  Persephone,  though  the 
symbols  by  which  these  deities  are  oommonW 
recognised  are  more  or  leas  wanting.  But 
undoubtedly  there  are  many  statuettes  which, 
though  not  to  be  positively  identified  as  belong- 
ing to  the  lower  world,  yet  clearly  convey  sa 
impression  of  their  having  been  destioed  fur 
sepulchral  ends.  Such,  for  example,  are  the 
figure  of  a  youth  holding  a  cock  at  his  side,  or 
female  figures  holding  an  egg  or  a  pomegruiate. 
So  also '  the  masks  with  which  the  tombs  of 
Camiros  have  enriched  the  British  Uuseun. 
For  there  is  little  doubt  but  that  the  originsi 
purpose  in  making  masks  of  this  kind  was  to 
cover  with  them  the  faces  of  the  dead.  Kor 
would  this  exclude  the  giving  of  others  of  less 
than  life-size  as  tributes  to  the  dead.  Grotesque 
figures  do  not  seem  appropriate  for  tombs;  jet 
there  they  are  in 
not  inconsiderable 
numbers. 

It  has  been  found 
strange  that  so 
prolific  a  profes- 
sion as  that  of  the 
coroplastes  should 
not  have  frequent- 
ly reproduced  the 
celebrated  statues 
of  the  Greek  mas- 
ters. Among  the 
known  instances 
may  be  cited  the 
terracotta  here  fi- 
gured as  a  copy 
probably  from  the 
Hermes  Criopho- 
ros,  by  the  sculptor 
CaUmis ;  or  again, 
there  is  the  very 
fine  statuette  of  a 
Diadumenus  {ffel" 
len.  Joumaly  vL  p. 
243,  pi.  61),  which  reproduces  the  caaon  of 
Polycletus  as  modified  aftenranls  by  Lysippu>» 


TemcoCto  from  G«l«.  (BritlA 
Ifuseun.) 


TEBBACOTTAS 

An  attempt  bu  alto  been  mtdt  ta  prove  tbnt 
■the  not  Tery  uncommon  group  of  one  female 
figure  carrying  another  on  her  back  i>  a 
copT  from  I  group  of  Demeter  carrying  Per- 
sephone, by  Pruiulei,  knoim  genersQj  ai  the 
Catagtita.  Bnt  in  the  tint  plus  then  are 
doubt*  >•  to  the  meaning  of  nrilYcivirB  in 
thia  instance,  a  German  ucbaeoIogUt  baring 
interpreted  it  ai  "apinning"  (Lnuchke,  Arch. 
ZeOung,  1880.  p.  102>.  While  there  ii  no  good 
Tcuon  for  thia  interpretation,  the  jhct  remuoa 
ihat  ibere  ii  no  authority  for  aMuming  Praxi- 
■telea  to  have  represented  Demeter  inJ  Pene- 
phone  in  Ihii  atti- 
tude, even  if  be 
did  repment  tbe 
one  carrying  or 
conducting  the 
other.  It  ii  the 
attitude  of  play, 
u   ia  tbe  accom- 


den  of  a  maiden, 
nnd  aniwere  to  tbe 
game  in  daily  life 
culled  the  Hippai. 
Then  groopi  are 
published,  and  tbe 
theory  of  a  Praii- 
telean  origin  of 
them  atrongly 
ndvocated,  by  AI. 
Kayet,  in  hi*  ifon- 
uintiUi  tb  rArt 
TeRKOtta  from  Cmtoct)!  In  Sldly.  A  ntique. 

(BrtUah  Iloaeum.)  Judged     accord- 

aie  veil 


TEBBACOTTAS 


797 


tea,  the  oldest  Greek 

tnted  in  the  Britiih  : 
foDod  in  tombi  at 
Camiroa,  in  wbich, 
while  tbe  bead  ii 
modeLad  with  aome 
skill  and  care,  the 
body  ia  only  ■  mdi- 
mentaiy  trunk.  Co- 
loni  ii  aparingly  em* 
,  played.  Equally  rude 
ii  aimallerieriet  {com 
Tegea,  in  Arcadia,  but 
tbey  are  more  ambi- 
tiona  in  regard  to  tbe 
body,  and  leu  to  in 
Tegard  to  the  head. 
Ko  eolanr  ia  applied 
to  them.  The  tem- 
cotla  ii  coane,  and  of 
■  dark  red  colour.  A 
■light  adTance,  bnt 
not  enough  to  cooiti- 
tnta  a  oew  period,  will 
be  Men  in  othen  from 
Camiroa,  where  there 
ii  an  attempt  to  indi- 
cate the  limbe  in  due 
proportion  to  the  head, 
where  colon  ra  are  more 
freely  nied  and  the 
quality  of  the  clay 
liner.  Theae  are  moatly  female  fignrea  aeated, 
with  their  hands  on  their  kneei,  aiul  their  armi 


not  detached  from  the  man  of  the  body.  It  may 
be  regarded  a*  tbe  beginning  of  ■  new  period, 
when  tbe  dmpery  cornea  to  be  indicated  by 
modelling  in  the  clay,  and  some  action  or  attri- 
bute la  conveyed:  for  eiample,  a  female  figure 
holding  a  dove,  aa  in  ipecimeas  fi-om  Camiroa ; 
a  female  figure,  peihapa  a  priestess,  holding  a 
pig  for  tacnfice,  u  in  specimens  from  Sardinia; 
or  grotesque  fignrea  from  Cuniros.  Oecaiionally 
strong  contrasts  of  coloars — red  and  bine — are 
employed,    gone: 


of  drei 


>t  indi- 


cated in  tbe  modelling.  This  period  did  n 
close  till  it  bad  attained  what  may  be  considered 
the  ideal  and  beat  stage  of  archaic  terracottas, 
Bi  represented  by  numerous  female  figures,  tall, 
severe  in  attitude  and  aspect,  with  drapery  falling 
in  simple  but  sUtely  lines,  tbe  left  band  holding 
tbe  akirt  and  the  right  raised  to  the  breast.  Of 
this  stage  are  tbe  masks  already  spoken  of  from 
Camiros,  vases  modelled  in  the  form  of  Sirens, 
or  to  imitate  the  head  of  Heracles,  of  AchelSo*, 
apea  and  other  animals:  ao  slao  the  archaic 
reliefs,  emblemata,  in  tbe  British  Mnaeum,  re- 
presenting (1)  Bellercphon  monuted  on  Pegasns 
slaying  the  Chimaera,  from  Meloa;  (2)  Per- 
seus, also  mounted  on  Pegasus,  which  ap- 
parently has  jnst  sprnni  from  the  decapitated 
body  of  Medusa,  from  Helot ;  (3)  gronp  de- 
scribed as  Sappho  and  Alcaeos,  from  Meloa 
(Welcker,  AItt  DaAaJOtr,  ii.  pi.  IS,  fig.  20). 
or  tbe  tame  style  and  period  ore  the  gronpa  of 
Peleus  carrying  off  Thetis,  and  Eos  carrying  off 
Cephalos,  from  Camiros.  -  Usually  the  Heloa 
clay  it  of  a  pale  colour,  better  seen  in  the 
itatnettea  than  in  tbe  reliefi  of  thii  period.  The 
Camiroa  clay  is  always  a  faint  red,  with  in> 
namerable  fine  points  in  it  sparkling  like  mica. 
The  age  of  Pheidiai,  or  nearly  ao,  ia  represented 
by  a  few  terracottai  from  Athens.   For  eiample, 


Bellerophon  and  IbeCtdmaera.    (From  the  lenscotta  In  (be  British  Unwum.) 


TEBRACOTTAB 


Ptntna  uul  Me<lnu. 


her  dtip«ry,  u  ifihawera  Hbaut  to  apting  oi 
rock:  but  here,  tbon^  th<  two  Rgurei  ai 
lint  fight  the  titme,  tiit  ictioD  of  the  itnnt 
fact  reveraed,  aod  an  citeaaiTt  jtl  aubtlc  tb 
iDtroduced.     The  one  fignn  ia  |;lii«l  over 


it;  the  other 


ly  painK 


Theae  thi 

HI  are  alto  aeveril  other  female  fignrea  of  thia 
period  fram  Athen),  with  white  glaied  aDrTacea, 
imd  a  relief  ia  -which  one  Uaenad  plaja  oa  a 
tympaaon  while  another  danai,  the  acene  being 
before  n  temple,  indicated  b;  an  altar  and    a 

From  the  neit  period  of  art,  at  known  from 
the  aculptnrea  of  the  MauaolcDm,  there  are 
■uch  terracottu  aa  the  female  fienre  fontid  by 
Sir  C.  T.  Newton  at  CnidiH,  cloaelj  correapond- 
ing  in  action  and  drapery  with  the  atiitne 
of  Artemiiia  from  the  Mauioleum,  the  frag- 
mentary fignrea  from  tha  rnina  of  that  building, 
and  aome  few  eiamplaa  frorn'otber  localitiea,  aa 
Athena  and  Corinth.  A  iligfat  advance  towarda 
florid  treatment  of  drapery  and  other  detaili 
may  U  aecn  in  the  terracottu  found  near 
Lsmaca,  iu  Cyprna,  conaiating  frequently  of 
female  ligurea  with  high  richly-ornamented 
crowna  (aee  the  collection  in  the  Biitiah 
Muaenm  ;  and  Heuiey,  Terra  aiitet  du  Loucre, 
pi.  IS).  The  cllmai  of  thia  lUge  ia  reached  in 
the  ordinnry  type  of  the  terracottaa  which  have 
been  found  in  auch  great  numbera  in  the  tomba 
at  Tanagra,  in  Boeotia,  nnce  1873,  when  thia 
cemetery  was  lirat  discovered.  Some  of  the 
tomba  are  of  an  archaic  character,  hot  the 
majority  are  of  the  age  here  in  qoeation  (the  3rd 
cent.  B.C.),  and  contained  atatnettea  of  tem- 
GOtta,  the  moat  beautifal  of  which  were  found 
encloaed  in  coarse  clay  vaits.  They  repreaent 
usually  aubjects  from  daily  occupation,  or 
yonthful  ideal  figurea,  intereating  from  their 
coitume,  and  especially  for  the  hat  they  aome- 
times  wear,  aaggesting  the  reference  to  Sophoclen, 
Oed.  Cot.  314,  niwrl  ^  iiKtotrrifAt  mit^  Tpiama 
etiTffaAft  rir  iirttxiu  The  attraction  eiercised 
by  these  figurei  fromTanagramaybe  judged  from 
the  numbers  of  them  that  have  been  engraved 
and  published  in  almost  every  form,  from  the 
costly  volame  of  coluDred  designs  isaued  by  the 
Oennan    Arcbiiologiichea    Institnt,    nitder    the 


TBBBAC0TTA8 

editorship  of  Prof.  Eekul^  (Stuttgart.  IBTS), 
to  the  alight  outlinea  of  the  GaieMt  da  beani 
AHi  {ji.  1B75,  pp.  2&7  and  551,  and  lU.  187S, 

L56),  and  other  pablications  eanmented  iu 
yct's  Momimtatt  de  FArt  Antiqtie.     Next  in 
rank  to  Tanagra  for  the  unmber  of  interei 


e  the  Frei 


1880-83.  The  result* 
appear  in  the  work  of  MM.  Pottier  and  Reinacb, 
La  S^cropoU  de  Myrina,  1887  (aee  also  Froehnet. 
Term  aula  It  Alii  Mineare,  1B81),  with  numt- 
roiisplatea,  and  containing,  among  other  intereit- 
iDg  matter,  a  detailed  account  of  the  proccaies 
employed  in  producing  the  alatuetlea  :  e.g.  thi; 
quality  of  the  clay,  with  ita  dilTeiencea  of  colour. 
due  partly  to  differencea  of  firing  and  partly  to 
maleriata  employed  in  the  preparmtiou;  ihv 
niDulds,  of  which  a  large  camber  were  obtained, 
ninny  of  them  bearing  the  names  of  tha  arliits 
who  made  them  ;  and  the  rarioua  methods  of 
colouring  the  statuettes.  In  theae  reapecta  the 
Myrina  terracottaa  do  not  dilTer  from  those  of 
Tnuagra.  Bnt  in  an  artistic  lenie  they  are- 
rcadilv  distinguishable  by  a  degree  of  coarseneu 
and  voluptuousness  which  ia  wanting  at  Tanagn. 
bya  greater  love  of  nude  forma,  and  by  a  strong 
desire  for  groups  in  which  accuracy  is  aacrificed 
to  picturesque  elTect.  At  pre.ient  it  ia  difficult 
to  say  from  what  anurce  the  coroplastae,  wbether 
at  Blyrina  or  at  Tanagra,  derived  their  inspira- 
tion. In  some  inatancea  we  find  type*  of  figure!^ 
or  of  attitudes  that  may  very  welt  have  been 
derived  from  the  paint«l  Greek  vases  of  th,r 
latest  period — towards  the  end  of  the  Ith 
cent.  B.C.  But  a  more  accurate  comparisOD 
may  be  found  in  some  of  the  mural  paintings 
that  have  surcired  in  Rome  and  Pompeii,  whicb, 
!Cuted  iu  the  HellenisUc  period. 


s  believed 


original*  of  that  age. 
We  may  aasnme  that 
the  coroplastae  by 
the  nature  of  their 
profeaaion  appealed 
only  to  a  particolar 
claas  of  sentiment*, 
which  required  for 
their  gratification 
nothi 


ply. 


theae   demands    had      TeiTacotu  atatw         

been    mostly    of    a  FUnpell. 

'        1 1       character, 

the  fact  that  the  ligures  of  Tanagn,  of 
Uyrina,  of  Cyrene,  of  Sicily,  an  distiDgniababte 


TEBUNCIU8 

as  no  other  class  of  Greek  antiquities,  except  the 
Athenian  lecythi.  The  terracottas  from  the 
Cyrenaica  are  mostly  of  a  late  period,  and  only 
rarely  possessed  of  beauty  or  interest.  Late  also 
are  those  from  Centuripa  (Centorbi),  in  Sicily, 
elongated  in  figure,  sometimes  coarsely  modelled 
(Kekule,  Terracotten  von  Sicilien).  Of  coarse 
clay  and  with  a  preference  for  pink  and  white 
colouring,  is  the  still  later  and  numerous  class 
from  Canosa,  in  Italy,  intended  mostly  to  be 
attached  to  large  ornamental  vases.  Of  life-size 
terracottas  only  a  small  number  exist,  and  these 
are  generally  of  a  late  period,  such  as  the  statue 
of  an  actor  from  Pompeii  figured  above. 

TERIFNCIUS.     [As,  Vol.  I.  p.  203.]  * 

TE'SSERA,  dhn.  TESSE'RULA  and  TES- 
SELLA  (icviSof),  a  square  or  cube;  a  die;  a 
token. 

The  use  of  small  cubes  of  marble,  earthen- 
ware,  glass,  precious  stones,  and  mother-of-pearl 
for  making  tessellated  pavements  {pavimenta 
tesseltatOf  Suet.  Jul.  46)  is  noticed  under  £u- 
BLEMA,  in  Vol.  1. ;  cf.  PicrUBA,  p.  397. 

The  dice  used  in  games  of  chance  [Alea]  had 
the  same  form,  and  were  commonly  made  of  ivorv, 
bone,  or  some  close-grained  wood,  especially 
privet  (^ligustra  Usseris  tUilissima^  PI  in.  H.  N.  xvi. 
§  77).  They  were  numbered  on  all  the  six  sides 
like  the  dice  stUl  in  use  (Ovid,  Triat.  ii.  473  ff.); 
and  in  this  jespect  as  well  as  in  their  form 
they  differed  from  the  tali,  which  are  often  dis- 
tinguished from  tesserae  by  classical  writers 
(Gellius,  xviii.  13,  §  2 ;  Cic.  de  Sen.  16,  §  58). 
[Talus.]  Whilst  four  tali  were  used  in  playing, 
only  three  tesserae  were  anciently  employed. 
Hence  arose  the  proverb,  fl  rpU  c{,  ^  rptTs 
KV0OI,  i.e.  "  either  three  sizes  or  three  aces," 
meaning,  all  or  none  (Plat.  Legg.  xii.  968  £ ; 
Schol.  in  loc.  p.  946  a,  ed.  Turic. ;  Pherecrates, 
fr.  123  M.  =  Zenob.  Cent.  iv.  23);  for  ic^^of  was 
used  to  denote  the  ace,  as  in  the  throw  8^  icC^tt 
Ka\  rirrapOf  i^.  1,  1, 4  =  6  (Eupolis,/r.  358  M. ; 
Aristoph.  Ran,  1400;  Schol.  in  loc.).  Three 
sizes  is  mentioned  as  the  highest  throw  in  the 
Agamemnon  of  Aeschylus  (33).  As  early  as 
the  time  of  Eustathius  (m  Od.  i.  107)  we  find 
that  the  modern  practice  of  using  two  dice 
instead  of  three  had  been  established. 

The  ancients  sometimes  played  with  dice  irXcio'- 
ro^Xivha^  when  the  object  was  simply  to  throw 
the  highest  numbers.  For  other  games  with 
dice,  see  Ddodecim  Scrifta,  Latrunculi, 
Talus;  for  the  boords  on  which  they  were 
played,  Alyeus,  Tabula  Lusoria  ;  cf.  Becq  de 
Fouqui^res,  Je%u:  des  AncienSy  ed.  2,  pp.  302-324. 

Objects  of  the  same  materials  as  dice,  and 
either  formed  like  them  or  of  an  oblong  shape, 
were  used  as  tokens  for  different  purposes.  The 
tessera  hospitalia  was  the  token  of  mutual 
hospitality,  and  is  spoken  of  under  HosPiTiUtf, 
p.  981  6.  This  token  was  probably  in  many 
oases  of  earthenware,  having  the  head  of  Jupiter 
Ilospitalis  stamped  upon  it  (Plant.  Poen,  v.  1, 
25;  2,  87-99).  Tesserae  frumentariae  and 
numariae  were  tokens  given  at  certain  times  by 
the  Roman  magistrates  to  the  poor,  in  exchange 
for  which  they  received  a  fixed  amount  of  corn 
or  money  (Suet.  Aug.  40,  42;  Nero,  11).  [Fru- 
mentariae Leges.]  Similar  tokens  were  used 
on  various  occasions,  as  they  arose  in  the  course 
of  events.     For  example,  when  the  Romans  sent 


TESSERA 


79&« 


to  give  the  Carthaginians  their  choice  of  peace- 
or  war,  they  sent  two  tesserae,  one  marked  with 
a  spear,  the  other  with  a  Caduceus,  requesting 
them  to  take  either  the  one  or  the  other  (Gellius,. 
X.  27). 

Various  tesserae  are  preserved  in  museums, 
the  British  Museum  being  particularly  rich  in. 
such  specimens:  the  materials  are  ivory,  bone,, 
porcelain,  and  stone.     One  class  of  these  are 
theatrical,  t.^.  were  used  as  tickets  of  admission, 
and   answer   to  the   cv/jifioKa  of  the   Gi-eeks; 
another  class  'are  agonistic,  thought  to  have- 
been  issued  on  the  occasion  of  public  games  or 
contests.    Others,  again,  are  believed  to  have 
been    distributed    as    sortes    convivales    or    as 
sparsiones.    The  sortes  convivahs  were  a  kind  of* 
lottery  drawn  by  guests  at  a  banquet,  through 
which  they  were  entitled  to  prizes  varying  in 
amount  (Lamprid.  Heliog,  22).      In  the  spar- 
siones the  tickets  were  scrambled  for,  instead  of 
being  drawn  (Dio  Cass.  Ixi.  18;  Martial,  viii. 
78,  7).     There  are  other  miscellaneous  tesserae,, 
not  included  under  the  above  headings.    The* 
most  interesting    class     of    tesserae    are    the 
gladiatorial,  of  which  the  British  Museum  con-- 
tains  about  a  dozen  probably  genuine,  and  other - 
doubtful  examples.    These  are  usually  carved! 
out  of  a  piece  of  ivory  or  bone,  of  a  long  shape, 
and  inscribed  on  the  four  long  sides  (cf.  Talus). 
On  the  first  line  is  the  gladiator's  name  in  the 
nominative  case,  on  the  second  his  trainer's  in 
the    genitive ;    the  third  gives  the  letters  8P, 
followed  by  the  date  of  the  month  and  day;  the 
fourth  the  consuls,  marking  the  year.     At  one 
end  is  a  hole  by  which  it  was  suspended.    The 
abbreviation   sp  stands    for  spectatus,  as  i» 
proved  by  the  letters  spectat.  on  a  tessera 
found  at  Aries.    These  tesserae  were  given  by 
the  munerarius,  or  exhibitor  of  the  games,  to  a- 
gladiator  when  spectatus  or  approved  by  passing 
successfully  through  a  certain  number  of  con- 
tests (cf.  Hor.  Epist.  i.  2,  2).    In  one  or  two  ex- 
ceptional instances  the  word  is  spkctavit,  ex* 
plained  to  mean  eit  ler  (1)  that  the  gladiator, 
fighting  no  longer  (emetritus),  became  ''a  spec- 
tator "  of  the  games,  or  (2)  that  he  became  an 
"inspector"  of  other  gladiators.    For  special 
discussions  of  this  subject,  see  Ritschl  in  Abh. 
Bager.   Akad.   1866,  pt.   ii.   p.   223;   Htibner,. 
in  Monatsbericht  Berl.  Akad.    1867,    p.   747; 
Mommsen,  in  HermeSy  xzi.  266;  A.  Elter,  in 
Bhein.  Mus.  1886,  p.  517  ;  P.  J.  Meier,  ib.  1887, 
p.  122  ;  Quide  to  the  Second  Vase  Boom,  British 
Museum, 

From  the  application  of  this  term  to  tokens 
of  various  kinds,  it  was  transferred  to  the  word' 
used  as  a  token  among  soldiers.     This  was  the 
tessera  militaris,   the   adpOriiia  of  the  Greeks. 
Before  joining  battle  it  was  given  out  and  passed 
through  the  ranks  as  a  method  by  which  the 
soldiers  might  be  able  to  distinguish  friends  fron>- 
foes.     Thus  at  the  battle  of  Cunaxa  the  word 
was  "Zeus  the  Saviour  and  Victory,"  and  on 
a  subsequent  engagement  by  the  same  troops- 
"  Zeus  the  Saviour,  Heracles  the  Leader  "  (Xen. 
Anab.  i.  8,  §  16 ;  vi.  3,  §  25).     The  soldiers  of 
Xenophon  used  a  verbal  sigu  for  the  same  purpose - 
when  they  were  encamped  by  night  (vii.  3,  §  34). 
Aeneas  Tacticus  (c.  24)  gives  various  directions, 
necessary  to  be  observed  respecting  the  word. 
On  the  tessera  or  watchword  in  the  Roman  camp,, 
see  Castra,  p.  377  6.  [J.  Y.]    [W.  W.j 


800 


TESSEBACONTEBES 


TESTAMENTUM 


TESBEBAGONTE'BES.  The  inrention  of 
war-ships  larger  than  the  trireme,  viz.  quadri- 
reme  and  quinquereme,  belongs  to  the  epoch 
which  follows  that  of  the  Peloponnesian  War. 
In  the  first  half  of  the  4th  cent.  B.C.  the 
Athenians  possessed  a  few  qnadriremes ;  but  the 
quinqnereme,  which  was  destined  to  be  the  line- 
of-battle  ship  of  the  succeeding  centary,  had  not 
yet  become  common.  At  the  siege  of  Tyre 
(Curt.  ii.  4)  Alexander  had  only  one  quinqnereme 
as  his  admiral's  ship.  Later  on  we  find  the 
Carthaginian  fleet  consisting  mainly  of  vessels 
of  five  banks  of  oars ;  and  from  one  of  these 
which  fell  into  their  hands,  and  was  nsed  as  a 
model,  the  Romans  constructed  those  fleets  which 
were  engaged  at  Hylae  and  Ecnomus  and  the 
Aegates  Insulae.  According  to  Pliny  (vii.  §  56), 
it  was  Alexander  who  conceived  the  idea  of  con- 
:8tructing  still  larger  vessels,  and  gave  orders  for 
building  ships  of  seven  or  even  ten  banks.  It 
remainMl,  however,  for  his  successors  to  carry 
•out  these  plans,  of  whom  Demetrius  Poliorcetes 
was  the  most  energetic  and  successful  in  matters 
of  naval  construction.  Demetrius  himself 
superintended  the  building  of  vessels  of  fifteen 
and  sixteen  banks  (Plut.  Dem,  43),  and  this 
passion  for  huge  ships  seems  to  have  continued 
«mong  the  Macedonians  (cf.  Liv.  xxxiii.  16, 
■**  Regiam  nnam  inhabilis  prope  magnitudinis 
«quam  sedecim  versus  remorum  agebant**). 
if'tolemy  Philadelphus  had  fourteen  ships  of 
eleven,  two  of  twelve,  four  of  thirteen,  one  of 
twenty,  and  two  of  thirty  banks  of  oars.  To 
•surpass  these  latter,  Ptolemy  Philopater  con- 
•etructed  the  Great  Eastern  of  ancient  days,  the 
famous  Tesseraconteres,  a  triumph  of  naval 
architecture  in  point  of  construction,  but  useless 
for  practical  purposes,  and  in  reality  only  the 
splendid  toy  of  a  despotic  king.  Her  dimensions, 
as  given  in  Athen.  v.  p.  203,  are  as  follows : — 
Length,  420  ft.;  breadth  (within  parodi), 
.57  ft. ;  height,  forward  72  ft,  aft  79  ft.  She 
had  four  rudders,  each  45  fl.  long,  and  her  upper 
tier  of  oars  (Bptu^trucai)  were  57  ft.,  weighted 
with  lead  inboard.  She  was  9hrp»pot  and 
9lirpvfufos ;  had  seven  beaks,  of  which  one  was 
longer  than  the  rest ;  also  beaks  projecting  from 
the  catheads  (ncor^  rhs  iirwrl^as).  She  had 
twelve  ^oC^fuerot  each  900  ft.  long ;  that  is, 
sufficient  to  gird  her  from  stem  to  stern.  Her 
proportions  were  graceful,  and  her  ornamen- 
tation elaborate.  Figures  of  animals,  18  ft.  in 
length,  adorned  both  stem  and  stern,  and  every 
available  surface  was  covered  with  painting,  the 
whole  of  the  rowing  space  from  the  keel  upwards 
being  decorated  with  ivy  wreaths  and  thyrsi. 
The  rowing  complement  was  over  4,000;  the 
marines  numbered  2,850;  there  were  400 
seamen  (?)  for  the  service  of  the  ship ;  and  below 
decks  a  vast  multitude  of  people. 

Such,  in  brief,  are  the  details  preserved  concem- 
ang  this  remarkable  vessel,  which  however,  pro- 
hah\j  after  her  trial  trip,  was  left  for  show  in  the 
dock  specially  constructed  for  her  by  a  Phoenician 
•engineer. 

As  regards  dimensions,  she  was  about  the 
same  as  H.M.S.  Warrior  (420  ft.  X  58  ft.), 
an  ironclad  of  a  type  now  becoming  obsolete. 
It  is  not  possible  to  be  certain  as  regards  the 
meaning  of  iiirpwpos  and  ^iTpvfiyos,  but  Graser's 
view  seems  plausible,  that  she  was,  in  con- 
struction, anticipatory  of  the  class    of   twin 


vessels  (such  as  the  Castalia  and  Calais-Douvres), 
which  have  been  tried  of  late  with  varying 
success.  It  would  seem  however,  from  the 
mention  of  the  seven  beaks,  that  the  doable 
prow  was  prolonged  into  one,  at  all  events  above 
the  water-line,  and,  in  all  probability,  the  doable 
stem  likewise,  so  that  the  Acrostolta  and 
Aphlasta  would  be  as  in  other  vessels.  The  foar 
rudder  paddles  would  thus  probably  have  been 
carried  two  on  each  side,  as  often  seen  in 
Egyptian  vessels,  though  Graser  seems  to  sup- 
pose one  on  each  side  of  the  two  stems.  The 
disposition  of  the  rowers  in  the  Tessencosteres 
has  been  a  matter  of  much  controversy.  It  is 
interesting  to  find  that  Graser  in  his  detailed 
description  of  the  Tesseraconteres  has  adopted 
for  her  as  for  all  the  larger  rates  above  quinqne- 
reme a  reduced  scale,  allowing  only  7  instead 
of  8  square  ft.  per  man  for  rowing  space,  and  the 
vertical  distance  of  the  banks  from  2  ft.  to  1  toot. 
Probably  this  is  also  nearer  the  true  messare- 
ment  in  the  smaller  rates  from  quinquereme 
downwards. 

Allowing  20  ft.  for  draught,  the  Tesseraconteres 
gave  a  height  of  44  ft.  on  either  side  for  the  in- 
sertion of  40  banks  of  oars.  The  curvature  of 
the  vessel  fore  and  aft,  and  the  consequent  con- 
traction of  the  rowing  space,  would  necessarily 
diminish  the  number  of  men  in  each  tier  from 
the  highest  to  the  lowest.  Graser,  by  an  in- 
genious calculation,  brings  the  total  number  of 
oarsmen  to  4054  (Athen. :  6\ly^  wXtUws  T«r 
r(Tpflurx<Af00y).  For  the  disposition  of  these 
(allowing  7  ft.  interscalminnO  there  was  for  the 
topmost  bank  on  each  side  a  longitudinal  space 
of  367  ft.,  in  which  were  seated  on  either  side 
the  53  thranites  (the  topmost  men  of  53  com- 
plexus,  diagonal  lines,  of  oarsmen),  and  for  the 
lowest,  or  thalamite  bank,  a  longitudinal  space 
of  345  ft.  Of  the  53  complex  us,  40  were 
complete,  giving  a  sum  of  1600  on  each  ade. 
In  the  remaining  13,  incomplete  complexos, 
427  men  found  their  places  on  either  side 
(3200  -t-  854  =  4054).  The  principle  of  the 
V^wcrir  must  have  been  similar  to  that  of  the 
trireme  [see  Nayis],  benches  (C^T^)  being  fitted 
between  the  vessel  s  side  and  the  iuu^pdyfuera, 
though  in  the  case  of  the  Tesseraconteres  these 
were  probably  divided  by  decks  at  certain  in- 
tervals. The  upper  tiers  of  oars,  when  fastened 
to  the  ffKoKfihs  or  thowl  pin,  were  almost  at 
equilibrium  between  the  outboard  and  inboard 
portions,  so  that  the  movement  of  the  whole 
would  not  be  difficult.  The  oar-ports  of  the 
thalamites  must  have  been  dangerously  close  to 
the  water.  Graser  places  them  at  2}  ft.  abore 
the  water-line  less  than  those  of  the  trirene, 
which  were  not  under  3  ft.  And  perhaps  this 
is  the  reason  of  the  terms  in  which  Plntarch 
speaks  of  her  {Dem.  43) :  itXXh  BioM  fdw^  4nlrn 
irap4trxfi  koI  fUKphw  Scey  im^pov^a  rw  iuvi(t^ 
otKoHofitifJidTvr  ^oi^yai  xphs  MSci^iir,  sv  xp^% 
iiria'^>a\&s  ical  twr4pyw$  iKor^.  []L  W.] 

TESTA.    [Fictile.] 

TESTAMBNTUM  is  defined  by  UlpUn  as 
being  '*  mentis  nostras  justa  contsstatio  in 
id  sollemniter  facta  ut  post  mortem  nostram 
valeat."  (Cf.  Modestinus  in  Dig.  28,  1,  1: 
**  Testamentum  est  voluntatis  nostrae  jnsts 
sententia  de  eo,  quod  quis  post  mortem  snam 
fieri  velit.")  In  this  passage  the  word  juda 
means  jure  facta,  •*  as  required  by  law."    The 


TESTAMENTUM 


TESTAMENTUM 


801 


word  cantestaHo  is  here  cqairalent  to  iestatio, 
which  is  the  act  of  making  a  solemn  declaration 
before  witnesses,  and  so  of  making  a  will  or  testa* 
ment  (cf.  Voigt,  Ztcdif  Taf.  1,  §  19).  Gellius 
(vi.  12)  properly  finds  fault  with  Serrina  Sul- 
picius  for  sajing  that  testamentum  is  com- 
pounded **a  mentis  contestatione."  He  who 
made  a  testamentum  was  testator  (Suet.  Ner. 
17). 

In  order  to  be  able  to  make  a  yalid  Roman 
will,  the  testator  must  have  the  testamentifactio 
(Cic.  ad  Fam.  rii.  21),  which  term  expresses  the 
legal  capacity  to  make  a  valid  will ;  the  word 
has  also  other  significations.  [Heres.]  The 
right  of  making  a  will  was  the  privilege  only 
of  Roman  citizens  who  were  patresfamilias, 
except  that  filiifamilias  were  allowed  to  make 
a  will  respecting  their  oaatrense  or  quasi' 
castrense  peculium,  [Patria  Potestas.]  The 
following  persons  consequently  had  not  testa- 
mentary capacity :  those  wno  were  in  the 
jpotestas  or  manus  of  another,  or  m  mandpn 
causa  [Mancipii  Causa],  as  descendants  subject 
to  power,  though  with  the  above-mentioned  dis- 
pensation in  favour  of  filiifamilias,  wives  in 
manu,  persons  in  the  semi-servile  state  of  mand- 
pium  and  slaves,  except  that  servi  ptMici  were 
allowed  to  dispose  of  half  their  pecuHum  (Ulp. 
XX.  16) ;  Latini  Juniani  died  like  slaves  in  re- 
spect of  property,  and  so  could  not  make  a  will ; 
peregrifU  and  peregrmi  daiiticii  were  devoid  of 
testamentary  capacity;  an  impubes  could  not 
dispose  of  his  property  by  will,  even  with  the 
sanction  (auctoritas)  of  his  tutor  (for  an  account 
of  the  substitutio  pupillariSj  see  Hbres).  When 
a  male  became  pubes — that  is,  was  fourteen 
years  of  age — he  became  capable  of  making  a 
will,  and  a  female  obtained  the  power,  subject 
to  the  limitations  explained  below,  on  the  com- 
pletion of  her  twelfth  year :  muti,  surdif  /tin'osi, 
and  prodigiy  '^quibus  lege  bonis  interdictum 
est,"  had  not  the  testamentifactio.  The  reasons 
why  these  several  classes  had  not  the  testamenti' 
factio  were:  the  mutus,  because  he  could  not 
utter  the  words  of  nuncupatio ;  the  surdus,  be- 
cause he  could  not  hear  the  words  of  the  famUiae 
emptor ;  the  furiosus,  because  he  had  not  intel- 
lectual capacity  to  declare  his  will  (testari) 
about  his  property ;  and  the  prodigus,  because 
he  had  no  commerdum  (Ulp.  Fragm.  xx.  3). 
Justinian  removed  the  testamentary  incapacity 
of  surdi  and  muti,  which  had  previously  been  a 
subject  of  imperial  dispensation  (Cod.  6,  22,  10 : 
cf.  Inst.  ii.  12,  3).  The  penalty  of  testamentary 
incapacity  was  imposed  on  certain  classes  of  per- 
sons by  statute  (Gell.  xv.  13 ;  Dig.  28, 1,  18,  §  1, 
26  ;  Theoph.  ad  Inst.  ii.  10,  6).    [Iktestabilib.] 

Women  had  originally  no  testamentifactiOy  as 
their  right  of  disposing  of  property  was  restricted 
in  order  to  serve  the  interest  of  their  agnates, 
and  they  had  been  incapable  of  making  a  will  in 
early  times  on  account  of  their  inability  to  take 
part  in  the  proceedings  of  the  Comitia,  where 
wills  had  to  be  made  (cf.  Qell.  v.  19,  "quoaiam 
et  cum  feminis  nulla  comitiorum  communio 
est  ").  When  they  did  acquire  the  power,  they 
could  only  exercise  it  by  means  of  certain  juristic 
contrivances,  to  which  we  find  references  in  the 
writings  of  Cicero  and  of  Gains.  Of  course  a 
daughter  in  the  power  of  her  father,  whether 
9he  was  married  or  unmarried,  and  a  wife  in 
mami,  could  never  make  a  will,  since  they  could 
TOL.n. 


not  hold  property.  The  rules  therefore  as  to 
a  womanN  power  of  making  a  will  could  only 
apply  to  unmarried  women  after  the  death  of 
their  father  or  after  emancipation  from  his 
power,  and  to  married  women  who  were  not  in 
the  pow^r  of  a  father  or  a  husband  (Karlowa, 
Die  Formen  dcr  rUm.  Eke,  96,  &c.).  In  order  to 
qualify  a  woman  who  had  independent  property 
to  make  a  will,  it  was  necessanr  that  she  should 
cease  to  be  a  member  of  her  familia  by  under- 
going a  capitis  deminutio,  a  change  which  re- 
qtured  the  concurrence  of  her  agnatic  tutor. 
The  capitis  deminutio  was  effected  by  a  coemptio 
fiduciae  cctusa,  the  coemptionator  or  purchaser  of 
the  woman  acquiring  mantts  over  her,  though 
only  as  a  matter  of  form,  and  being  bound  by 
a  fiducia  to  remancipate  her  to  some  one  of  her 
choice.  The  person  to  whom  she  was  reman- 
cipated  became  her  fiduciary  tutor,  and  gave 
his  formal  sanction  (auctonias)  to  her  will, 
which  was  required  in  order  to  give  it  legal 
validity.  It  will  be  seen  from  the  above  that 
a  woman  was  incapable  of  making  a  will  unless 
she  obtained  the  consent  of  her  agnatic  tutor, 
who«  as  being  her  intestate  heir,  would  be  in* 
terested  in  preventing  her  from  disposing  of  her 
property.  The  agnatic  tutela  of  women  was 
abolished  by  the  Lex  Claudia  (Gaius,  i.  157, 
171 ;  Ulp.  xi.  8);  but  the  auctoritas  of  a  tutor 
was  still  required,  as  a  matter  of  form,  to  en- 
able a  woman  to  make  a  will,  except  in  certain 
privileged  cases  (Gaius,  ii.  112;  Ulp.  xx.  15). 
On  the  recommendation  of  Hadrian,  the  senate 
made  the  ceremony  of  coemptio  unnecessary  for 
the  purpose  of  giving  legal  validity  to  a  woman's 
will  (Gaius,  i.  115  a).  Between  the  time  of 
Gaius  and  the  publication  of  the  Theodosian 
Code,  the  perpetua  tutela  of  women  became 
obsolete,  and  with  it  the  last  formal  difference 
between  their  wills  and  those  of  men. 

In  accordance  with  the  above  explanation, 
Cicero  observes  {Top,  4, 18) :  '*  If  a  woman  has 
made  a  will,  and  has  never  undergone  a  capitis 
deminutio,  it  does  not  appear  that  the  Bonorum 
Possessio  can  be  granted  in  pursuance  of  such 
will  according  to  the  Praetor's  edict ;  for,  if  it 
could,  the  edict  must  give  Bonorum  Possessio  in 
respect  of  the  wilk  of  servi,  exnles,  and  pueri." 
The  Bonorum  Possessio  or  praetorian  title  to 
the  inheritance  was  not  given  by  the  Praetor 
to  persons  who  were  incapable  of  taking  the 
hereditas ;  accordingly  Cicero  means  that,  if  a 
woman  made  a  will  without  having  sustained 
a  capitis  deminutio,  the  will  could  have  no  effect 
at  all  in  giving  a  praetorian  title  to  the  in- 
heritance, any  more  than  the  wills  of  other 
persons  who  had  not  the  testamentifactio.  The 
case  of  Silius  (Cic.  ad  Fam,  vii.  21)  may  be 
a  case  of  a  woman's  making  a  will  without 
coemptio,  for  it  appears  that  a  woman  (Tur- 
pilia)  had  disposed  of  property  by  will,  and 
Servius  Sulpicius  was  of  opinion  that  this  was 
not  a  valid  will,  because  the  will-maker  had  not 
the  testamentifactio.  The  following  references 
may  be  consulted  as  to  this  matter : — Cic.  pro 
Caedn,  6,  17  ;  pro  Flacc,  35,  86 ;  pro  Muren,  12, 
27;  ad  Att.  vii.  8  ;—Liv.  xxxix.  19;  Gaius,  i. 
150.  Ziberiae  could  not  make  a  will  without 
the  auctoritas  of  their  patronus,  for  they  were 
in  the  tutela  legitima  of  their  patronus :  the 
patron  was  always  allowed  to  refuse  his  sanc- 
tion to  such  a  will.    Libertne  who  had  a  certain 

3  V 


802 


TESTAMENTUM 


TE8TAMENTUM 


number  of  children  conld,  however,  make  a 
will  without  the  auctoritas  of  their  patronus. 
[Patronus.]  The  Vestal  Virgins  had  no  tutor, 
and  yet  they  could  make  a  testament.  The 
Twelve  Tables  released  them  from  all  tutela 
J  <Mn  honorem  sacerdotii"  (Cic.  de  Rep.  iii.  10, 
'    17  ;  Gains,  i.  145). 

In  order  to  constitute  a  valid  will,  it  was 
necessary  that  a  heres  should  be  instituted, 
which  might  be  done  In  such  terms  as  the 
following : — ^  Titius  heres  esto,  Titium  heredem 
eue  jubeo."  (Ulp.  24,  §  15,  <*Ante  heredis 
institutionem  legari  non  potest,  quoniam  vis  et 
potestas  testament!  ab  heredis  institutione  in- 
cipit.")  All  persons  who  had  the  commercium 
could  be  heredes;  slaves  also  could  be  made 
heredes, — a  testator's  own  slave,  if  the  institution 
was  coupled  with  his  manumission;  the  slave 
of  another,  if  there  was  testamentifactio  be- 
tween the  testator  and  his  master,  the  slave 
in  this  case  acquiring  the  inheritance  for  his 
master  by  command  of  the  latter. 

But  there  were  many  classes  of  persons 
who  could  not  be  heredes :  such  were  peregrini 
and  peregrini  deditidi,  as  having  no  com- 
mercium, and  Latini  Juniani,  by  the  provision 
of  the  Lex  Junia.  Whether  according  to  pri- 
mitive law  women  could  be  made  heredes  is 
uncertain,  but  from  an  early  time  they  were 
on  the  same  footing  as  men  in  this  respect, 
until  by  the  Lex  Voconia  (B.a  69)  they  were 
made  incapable  of  being  heriedes  to  a  person  in 
the  first  class  of  the  census  (Cic.  in  Verr,  i.  42, 
107  ;  Gell.  vii.  13).  There  was  a  rule  that  in- 
certae  peraonae  could  not  be  instituted ;  hence 
it  was  originally  impossible  to  institute  post- 
humous persons,  though  in  course  of  time 
forms  of  instituting  and  exheredating  postumi 
sttt  were  establish^.  [Herbb.]  Though  un- 
ascertained persons  could  not,  generally  speak- 
ing, be  instituted,  their  institution  came  to  be 
allowed  if  they  were  instituted  sub  oerta  demons 
stratione:  e.g.  ''ex  cognatis  meis,qui  nunc  sunt, 
si  quis  filiam  meam  uxorem  duxerit."  Jus- 
tinian made  their  institution  valid  in  all  cases, 
provided  that  they  became  determinate  snbee- 
quent  to  the  making  of  the  will.  Originally 
juristic  persons  could  not  be  instituted,  since 
they  could  not  themselves  perform  the  legal 
act  of  entering  on  an  inheritance  (cf.  Ulp.  22, 5 : 
'*  Nee  mnnicipium  nee  municipes  heredes  institui 
possunt,  quoniam  incertum  corpus  est,  et  neque 
cemere  universi  neque  pro  herede  gerere  possunt, 
ut  heredes  fiant");  but  this  rule  was  never 
applicable  to  the  aerarium  or  to  the  fiscus,  and 
in  the  case  of  other  juristic  persons  exceptions 
were  gradually  made  to  it :  thus  municipalities 
were  made  capable  by  senatusconsnlta  of  in- 
heriting the  property  of  their  own  freedmen 
(Ulp.  22,  5);  exceptions  were  also  made  by 
statute  in  favour  of  certain  gods  and  goddesses, 
vix.  Jupiter  Tarpeius,  Apollo  Didymaeus,  Mars 
in  Gallia,  Minerva  Iliensis,  Hercules  Gaditanus, 
Diana  Ephesia,  Mater  Deorum,  Siphylensis  quae 
Smymae  oolitur,  Caelestis  Salinensis  in  Carthage 
(Ulp.  /.  0.  §  6).  According  to  the  law  of  Jus- 
tinian, churches,  piae  causae,  and  communes 
were  capable  of  being  instituted ;  other  juristic 
persons  only  if  specially  privileged  in  this  respect. 

Besides  capacity  on  the  part  of  the  testator 
and  the  person  instituted  heres,  there  must  be 
a  proper  observance  of  the  forms  required  by 


law  for  the  validity  of  a  will.    Thus  we  come 
to  consider  the  rudimentary  forms  of  s  Roman 
will  and  their  subsequent  modifications.    The 
earliest   will    or    testament  was  made  oahtis 
oomitiis;  that  is,  in  the  Comitia  Curiata,  which 
were  summoned  (calata)  twice  a  year  for  this 
purpose  (Gains,  ii.  lUl ;  Ulp.  20,  2 ;  Inst.  ii.  10, 
I,  cum  Theo^h. ;  Gell.  xv.  27).  The  testamentmn 
calatis  comitiis  was  probably  an  adoption  br  a 
person  who  had  no  children  of  an  intestate  stm 
herea  rather  than  a  will  in  the  strict  sense  (cf. 
Schulin,    Das  griechiBche  lestammt  terglidien 
mit  dem  rSmischen  ;  and  as  to  the  use  of  adoption 
for  the  purpose  of  disposing  of  an  inheritanoe  in 
Hindoo  Law,  see  Maine's  AndeiU  Lax^  p.  193)l 
The  adoption  was,  we  may  suppose,  of  a  peculiar 
kind,  the  person  who  was  the  object  of  ii  not 
being  regarded  as  the  testator's  son  till  after 
the  death  of  the  latter,  and  then  only  in  case 
there  had  been  no  revocation  of  the  dispositioB. 
The  proceeding  would  be  of  a  legislative  cLi- 
racter  in  its  form,  somewhat  similar  to  that  of 
arrogation;    for  the  opinion  of  some  writeis, 
that  the    populus   only  bore  witness   to  the 
transaction  in  its  Comitia  and  did  not  sandioo 
it,  does  not  seem  to  rest  on  good  ground.    No 
doubt,  however,  the  consent  of  the  popnlos  was 
from  an  early  time  little  more  than  a  fonnalitr 
(Gans,  Erbrecht,  ii.  27 ;  Ihering,  Qeiat  d.r.B.1 
145 ;  Schulin,  /.  c. ;   Sobm,  Instiiutitmen,  §  d9> 
A  will  was  also  valid  in  early  times  which  wat 
made  in  procindu ;  that  is,  one  declared  by  a 
man  before  his  comrades  when  in   the   fieM 
before  the  enemy ;  for  an  army  in  movement  ao<l 
under  arms  is  procmdtu  (Festus,  «.  v.  Prod&cta; 
Gains,  /.  a).     A  third  moide  of  noaking  wills  was 
introduced,  which  first  existed  alongside  sad 
then  supeiseded  the  older  forms.  It  was  effecievi 
per  aes  et  iStram ;  that  is,  by  mandpinm,  wheoct 
the  name  of  teatamenium  per  ae$  et  A&ram,  or 
mancipative  will. 

The  origin  of  this  mode  of  testamentary  dis- 
position may  have  .been  to  enable  plebeians  t* 
make  a  will,  they  being  excluded  from  the 
Comitia  Curiata,  but  the  patricians  most  hare 
soon  found  it  convenient  to  use  the  same  fbnu. 
The  power  of  making  provision  respecting  the 
disposition  of  property  after  death  is  expresilj 

'  [recognised  by  the  law  of  the  Twelve  Tables  is 
tie  words  "  uti  legassit  super  pecnnia  tnteiare 
rei  suae  ita  jus  esto,"  the  word  legcarehmg here 
equivalent  to  legem  dioere — ^that  is,  to  declare 
the  law  which  was  to  govern  the  devolution  of 
property  (Muirhead,  Bomain  Law,  p.  167,  n.  I). 

'  /Thus,  according  to  the  law  of  the  Twelve  Tables, 
if  a  man  had  neither  made  hia  will  at  calda 
oomitia  nor  in  procanchi,  and  was  in  immineot 
danger  of  death,  he  would  numcipate  («aactp<^ 
diAat)  his  familiar— that  is,  his  patrimooium  «'r 
family  property — to  a  firiend,  and  request  him 
to  carry  out  his  wishes  after  his  death.  The 
famUiae  emptor — ^that  is,  the  person  to  whom 
the  fiunilia  was  conveyed  by  mancipation — u 
said  by  Gaius  to  have  been  in  the  plaoe  of  herei 
(looo  A^rmKf),  the  testator  having  instructed  him 
as  to  what  he  wished  to  be  given  to  eacb 
legatee  after  his  death.  We  cannot  gather  from 
Gaius  that  the  familiae  emptor  ever  acquirei 
a  beneficial  interest  in  the  property  mancipat«d 
to  him,  as  Sir  H.  Maine  ^Andent  Xow,  cb.  n.) 
states,  but  only  looo  heredis  for  the  purpose  o: 
paying  legacies,  and  possibly  for  the  puipose  U 


TESTAMENTUM 


TESTAMENTUM 


803 


fwying  in  the  first  place  the  debts  of  the  de- 
ceased, though  this  is  not  stated.  It  is  not 
probable  that  the  familiae  emptor  became 
personally  liable  for  the  testator's  debts.  His 
function  seems^in  fact  to  have  been  somewhat 
anslogoos  to  that  of  an  executor  in  English 
law,  especially  if  only  the  movable  property 
«oald  be  the  subject  of  such  a  disposition  in 
early  times,  as  may  possibly  have  been  the  case. 
That  the  familiae  emptor  was  regarded  as  a 
mere  mandatory  for  carrying  out  the  wishes 
of  the  testator,  and  had  no  right  to  derive  any 
benefit  from  the  estate,  is  shown  by  the  formal 
words  used  in  the  mancipation  to  him,  *'  fami- 
liam  pecuniamque  tuam  endo  mandateia  iua 
custodelaque  mea"  (Gains,  ii.  104).  We  may 
infer  from  the  fact  of  the  familiae  emptor  being 
looo  herediSf  that  he  could  be  legally  compelled 
to  carry  out  the  testator's  wishes,  and  was  not 
simply  bound  in  good  faith  to  do  so.  According 
to  Sir  H.  Maine  {Ancient  Law,  1.  c),  the  effect 
of  the  mancipation  was  to  vest  the  inheritance 
immediately  and  irrevocably  in  the  familiae 
emptor,  a  mancipation  being  an  actus  legitimta 
not  admitting  of  ooncUcio  or  dies.  But  this  view 
of  the  transaction  appears  to  be  defective  in  that 
it  takes  no  account  of  the  power  of  making  a 
({aalified  mancipation,  recognised  by  the  Twelve 
Tables  in  the  words,  *'  Cum  nexum  fadet  man- 
cipiumqne,  uti  lingua  nuncupassit,  ita  jus  esto  " 
(Fcstos,  s.  V.  Nuncupata).  Accordingly  the 
familiae  emptor  would  be  subject  to  the  terms 
imposed  on  him  by  the  nuncupation  which 
was  a  part  of  the  mancipation,  and  by  these 
the  mancipant  would  reserve  possession  of  his 
property  during  his  lifetime,  together  with  a 
Tight  of  revoking  his  disposition  at  pleasure. 
The  familiae  emptor  would,  in  faci,become  merely 
formal  owner  of  the  property.  It  will  be  seen 
from  the  abore  that  the  mancipative  will  in  its 
rudimentary  form  was  not  a  unilateral  pro- 
i^eeding,  like  the  later  will,  but  a  transaction 
inter  vivos,  not  intended  to  operate  as  a  universal 
succession  to  a  heres,  but  made  for  the  purpose 
«f  distributing  property  to  legatees  by  way  of 
singular  succession. 

In  course  of  time  a  great  change  took  place 
in  the  character  of  the  mancipative  will,  in  that 
the  familiae  emptor  ceased  to  fulfil  any  real 
fonction,  and  was  no  longer  regarded  as  even  the 
formal  owner  of  the  inheritanoe.  The  testator 
by  his  will,  expressed  either  in  writing  or  by 
word  of  mouth  at  the  time  of  the  mancipation, 
instituted  a  heres  as  his  universal  successor,  who 
was  personally  liable  to  creditors,  and  who  took 
the  inheritance  subject  to  any  legacies  with 
which  the  testator  had  charged  it.  Hence- 
forward a  testamentum  may  be  defined  as  a 
last  will  by  which  a  heres  is  instituted  (Dig. 
29,  7,  20:  "Julianus  ait,  Ubulas  testamenti 
Don  intellegi,  quibus  heres  scriptus  non  est,  nt 
magis  codicilli  quam  testamentum  existlmandae 
sint").  The  will  might  be  oral  or  written,  but 
the  ordinary  practice  was  to  make  a  written 
will,  so  that  the  dispositions  of  the  testator 
might  not  be  known  till  after  his  death.  The 
mode  of  proceeding  was  this  (Gains,  ii.  104). 
The  testator,  after  having  written  his  will 
(tabvlae  testamentC)^  called  together  five  wit- 
uesses,  who  were  Roman  citizens,  and  a  libri- 
pens,  as  in  the  case  of  other  mandpationes,  and 
■oandpated  his  property  {fcmUUai  pecwuaque') 


(Familia]  to  some  person  in  compliance  with 
egal  forms  (dids  causa).  This  person,  the 
familiae  emptor,  uses  these  words,  which  have 
been  already  referred  to  as  showing  his  original 
function :  **  Familia  pecuniaque  tua  endo  man- 
datelam  tuam  custodelamque  meam,  quo  tu  jure 
testamentum  facere  possis  secundum  legem  pub- 
licam,  hoc  aere  (et  ut  quidam  adjiciunt  aenea 
libra)  esto  mihi  empta."  The  emptor  then  struck 
the  scales  with  a  pie<»  of  money  which  he  gave 
to  the  testator  as  the  price  of  his  purchase; 
after  which,  the  testator,  taking  the  will  in  his 
hand,  said :  "  Haec  ita  ut  in  fai&  tabnlis  oerisqne 
scripta  sunt  ita  do  ita  lego  ita  tester  itaque 
voe  Quirites  testimonium  mihi  perhibetote." 
This  was  called  the  nuncupatio  or  publishing 
of  the  will ;  in  other  words,  the  testator's 
general  confirmation  of  all  that  he  had  written 
in  his  will,  which  derived  its  legal  effect  from 
the  clause  in  the  Twelve  Tables  quoted  above.   / 

As  the  familiae  emptio  was  supposed  to  be  a 
real  transaction  between  the  emptor  and  testator, 
the  testimony  of  their  several  families  was  ex- 
cluded, and  consequentlv  a  person  who  was  in 
the  power  of  the  familiae  emptor,  or  in  the 
power  of  the  testator,  could  not  be  a  witness. 
If  a  man  who  was  in  the  power  of  another  was 
the  familiae  emptor,  it  followed  that  his  father 
could  not  be  a  witness,  nor  his  brother,  if  the 
brother  was  in  the  power  of  the  father.  A 
filiusfamilias  who  after  his  missio  disposed  of  his 
castrense  peculium  by  testament,  could  not  have 
his  father  as  witness  nor  any  one  who  was  in 
the  power  of  his  father.  The  same  rules  applied 
to  the  libripens,  for  he  was  a  witness.  A  person 
who  was  in  the  power  of  the  heres  or  of  a  legatee, 
or  in  whose  power  the  heres  or  legatee  was,  or 
who  was  in  the  power  of  the  same  penon  as  the 
heres  or  a  legatee,  and  also  the  heres  or  a  legatee, 
could  all  be  witnesses,  since  neither  the  heres 
nor  the  legatees  were  parties  to  the  mancipa- 
tion. But  Gains  observes  that  it  would  be 
improper  for  the  heres,  and  the  man  who  is  in 
the  power  of  the  heres  or  in  whose  power  the 
heres  b  to  witness  the  will.  According  to  the 
law  of  Justinian,  a  person  in  the  familia  of  the 
heres  could  not  be  witness  to  the  will  (Inst.  ii. 
10,  10). 

The  Edict  established  a  less  formal  kind  of 
will,  since  it  acknowledged  the  validity  of  a 
written  will  when  there  had  been  no  mancipatio, 
provided  there  were  seven  witnesses  and  seven 
seals,  and  the  testator  had  the  testamentifactio 
at  the  time  of  making  the  will  and  at  the  time 
of  his  death  (Gaius,  ii.  147).  The  terms  of  the 
Edict  are  given  by  Cicero  (in  Verr,  i.  1,  45). 
The  Edict  only  ^ave  the  Bonorum  Possessio  or 
Praetorian  title  to  the  inheritance,  which  was 
not  effective  (sine  re)  against  the  civil  title 
ab  intestate  of  an  agnate,  until  it  was  made  so 
(cwn  re)  by  a  rescript  of  Marcus  Aurelius 
(Gains,  ii.  120).  This  so-called  Praetorian  testa- 
ment existed  in  the  Republican  period.  Thus  a 
man  had  his  choice  between  two  forms  of 
making  his  will ;  the  Civil  form  by  mancipatio, 
and  the  Praetorian  with  seven  seals  and  seven 
witnesses,  and  without  mandpatio  (Savigny, 
Beytrag  zur  Qeschickte  der  rdm.  Testam^  Zeit' 
schrift,  Tol.  i.  p.  78). 

The  Praetorian  testament  prepared  the  way 
for  the  abolition  of  mancipatio,  the  essential 
character  of  a  will  made  according  to  the  Jos 

3  V  2 


804 


TE8TAMEXTUM 


TESTAMENOTOM 


Civile,  and  in  the  legislation  of  Justinian  the 
form  of  making  a  testament  vras  simplified. 
It  required  aeven  male  witnesses  of  competent 
age  and  legal  capacity,  and  the  act  must  be 
done  in  the  presence  of  all,  at  the  same  place 
and  at  the  same  time  ;  that  is,  it  must  be  con- 
tinuous. The  testator  might  declare  his  last 
will  orally  (sine  scriptis)  before  seven  witnesses, 
and  this  was  a  good  will.  If  it  was  a  written 
will,  the  testator  acknowledged  it  before  the 
witnesses  as  his  last  will,  and  put  his  name  to 
it,  and  the  witnesses  then  subscribed  their  names 
and  affixed  their  seals.  [Cf.  Inst.  ii.  10,  3: 
*'Sed  quura  pauUatim  tarn  ex  usu  hominum, 
quam  ex  constitutionum  emendationibus  coepit 
in  unam  consonantiam  jus  civile  et  praetorium 
jungi,  constitutum  est,  ut  uno  eodemque  tem- 
pore (quod  jus  civile  quodammodo  exigebat) 
septem  testibus  adhibitis  et  subscriptione  tes- 
tium  (quod  ex  constitutionibus  inventum  est), 
et  (ex  edicto  praetoris)  signacula  testamentis 
imponerentur ;  ut  hoc  jas  tripertitum  esse 
videatur,  ut  testes  quidem  et  eorum  praesentia 
uno  contextu  testamenti  celebrandi  gratia  a  jure 
civili  descendant,  subscriptiones  autem  testatoris 
et  testium  ex  sacrarum  constitutionum  observa- 
tione  adhibeantur,  signacula  autem  et  numerus 
testium  ex  edicto  praetoris.'*]  The  testator 
might  write  his  will  or  have  it  written  by 
another  person,  but  such  other  person  could 
derive  no  advantage  under  the  will.    [Senatus- 

CONSULTUM  LiBONIANUM.] 

It  is  natural  that  there  should  be  much 
difference  of  opinion  respecting^  the  nature  of 
the  earliest  forms  of  Roman  testament,  since 
the  evidence  which  has  come  down  to  us  on 
this  subject  is  extremely  scanty.  Rein  (JDas 
rdm,  Frivatrechtf  p.  373,  note)  has  referred  to 
the  modem  writers  who  have  discussed  this 
subject  (for  an  account  of  the  views  of  recent 
writers,  see  Schulin,  /.  c.) :  he  has  adopted  the 
opinion  of  Niebuhr,  according  to  which,  *'  as  the 
property  of  an  extinct  house  escheated  to  the 
caria,  that  of  an  extinct  curia  to  the  publicum 
of  the  citizens  at  large,  the  consent  of  the 
whole  populus  was  requisite ;  and  this  is  the 
origin  of  the  rule  that  testaments  were  to  be 
made  in  the  presence  of  the  pontiff  and  the 
curiae "  (Hist  of  Bomej  vol.  ii.  p.  338).  But 
there  is  no  evidence  of  the  assertion  contained 
in  the  first  part  of  this  passage;  and  if  this 
rule  as  to  escheat  is  admitted  to  be  a  fact,  the 
rule  that  testaments  must  be  confirmed  by  the 
pontiff  and  curiae  is  no  necessary  conclusion. 
Niebuhr  further  observes  that  "the  plebeian 
houses  were  not  so  connected;  but  the  whole 
order  had  a  public  coffer  in  the  temple  of  Ceres ; 
and  when  the  armv,  being  assembled  in  centuries, 
either  on  the  field  of  Mars  or  before  a  battle, 
passed  the  last  will  of  a  soldier  into  a  law,  it 
thereby  resigned  the  claims  of  the  whole  body 
to  the  property."  This  assertion  also  is  not 
supported  by  evidence,  and  is  therefore  a  mere 
conjecture  against  the  probability  of  which  there 
are  sufficient  reasons. 

If  we  are  right  in  following  the  opinion  of 
those  who  think  that  the  testamentum  calatis 
comitiis  was  carried  into  effect  by  means  of  the 
adoption  of  a  heres,  the  consent  of  the  pontiff 
and  curiae  was  required  in  order  to  give  it  effect, 
just  as  in  the  case  of  other  adoptions  or  arro* 
gatious.    [Abbooatio.]     But  it   is  said  that  | 


the  ])ower  of  disposition  in  the  case  of  a  testn> 
mentam  in  procinctu  could  not  depend  on  the 
consent  of  the  whole  populus,  in  each  particular 
instance;  for  the  nature  of  the  circumstance^ 
excluded  such  consent.  A  Roman  had  therefon* 
full  power  of  disposition  in  proeincto,  and  from 
this  it  is  inferred  as  a  probable  conclusion  that 
the  will  made  at  the  Calata  Comitia  was  not  a 
legislative  act,  but  simply  one  declared  before 
the  populus.  This  argument  does  not,  however,, 
seem  to  have  much  force,  since  it  is  highly 
probable  that  the  testamentum  in  prociD<:tn  was 
instituted  at  a  time  when  the  consent  of  the 
Comitia  to  wills  had  become  merely  formal. 
The  adoption  in  the  Comitia,  or  the  simple 
designation  of  a  person  as  adopted,  would  come 
to  be  regarded  as  the  institution  of  a  heres,  and 
so  the  conception  of  a  heres  ex  testaroento 
would  be  established.  Hence  the  institution  of 
a  heres  in  a  mancipative  will  may  perhaps  have 
been  derived  from  the  idea  of  the  designation  of 
a  heres  in  the  Comitia,  as  universal  successor. 

Some  writers  assert  that  the  testamentum  in 
procinctu  could  only  be  made  after  the  ansjHces 
were  taken,  which  gave  the  testament  the  re- 
ligious sanction;  that  when  the  auspices 
ceased  to  be  taken  in  the  field,  this  kind  (f 
testament  ceased  to  be  made;  and  that  the 
military  testaments  mentioned  about  the  latter 
part  of  the  Republic  (as  by  Caesar,  B^l.  GalL 
i.  39 ;  Vel.  Pat.  ii.  5,  &c.)  were  not  the  same 
kind  of  testaments,  but  purely  military  testa- 
ments made  without  any  form,  which  in  the 
Imperial  period  became  in  common  use  and  ol 
which  Julius  Caesar  probably  introduced  the 
practice  (Dig.  29,  1,  de  TestametUo  Militisy 
Cicero,  however,  speaks  of  the  will  In  product n 
{de  Or.  i.  53)  as  then  in  use,  and  he  describes  it 
as  made  '*  sine  libra  et  tabulis ; "  that  is,  with- 
out the  forms  which  were  used  after  the  intn- 
duction  of  the  testamentum  per  aes  et  libram. 
Thus  the  testamentum  in  procinctu  alway> 
retained  its  characteristic  of  being  exempts  I 
from  legal  formSy  but  as  to  the  capacity  of  the 
testator  it  was  always  subject  to  the  same  rules 
of  law  as  other  wills,  so  far  as  we  know. 

The  form  of  the  mancipative  will  seems  at 
first  sight  to  favour  the  opinion  that  the  testa* 
mentum  calatis  comitiis  was  simply  declared  in 
the  presence  of  the  populus,  for  it  is  generally 
admitted,  and  the  extant  passages  are  con- 
sistent with  the  opinion,  that  the  testamentary 
form  per  {les  et  Hhram  existed  while  the  two  ori- 
ginal forms  were  still  in  use.  Now,  in  the  testa- 
mentum per  aes  et  libram  there  is  no  pretence 
for  saying  that  any  consent  was  required, 
except  that  of  the  buyer  and  seller ;  fer  though 
the  five  witnesses  to  the  testament  (cins 
Homani  puberes)  may  have  been  representatives 
of  the  five  classes  of  Servins  Tullius,  the  classes 
were  represented  as  witnesses  only,  not  as  per- 
sons who  gave  their  consent  to  the  act.  It  seems 
improbable,  it  is  said,  that  there  could  have 
existed  at  the  same  time  a  form  of  testamentum 
to  which  the  consent  of  the  testator  was  su£Bcient, 
and  another  form  in  which  it  was  not.  But  the 
only  possible  answer  to  this  argument  is  that 
the  consent  of  the  sovereign  people  had  become 
a  form,  and  therefore  it  was  indifferent,  so  &r 
as  concerns  this  consent,  whether  the  will  w3» 
made  at  the  Comitia  where  it  would  be  fully 
witnessed,  or  per  aes  et  libram  where  it  would 


TESTAMENTUM 


TESTAMENTUM 


8o: 


l>e  witnessed  by  the  five  representatives.  In 
the  time  of  the  classical  jurists  the  testamentun) 
per  aes  et  libram  was  the  ordinary  form  of 
testament,  according  to  Jus  Civile;  it  is  pro- 
bable that  the  testamentum  calatis  coniitiis 
and  in  procincta  had  long  previously  become 
obsolete. 

As  already  observed,   there    seems  to   have 
(•een  no  rule  of  law  that  a  testament  must  be 
>vritten.     The  mancipatio  required  no  \vriting, 
nor  did  the  institution  of  a  heres.     Thus  it  is 
»:ud  (Dig.  28,  1,  21)  that  the  heres  might  either 
tie  made  by  oral  declaration  (nuncupcUio)  or  by 
writing.      Written   wills,   however,    were    the 
4  oromon  form  among  the   Romans  at  least  in 
the  later  republican  and  in  the  imperial  periods. 
They  were  written  on  tablets  of  wood  or  wax, 
ivhcnee  the  word  ccra  is  often  used  as  equivalent 
to  tahdla;  and  the  expressions  prima,  secunda 
cent  are  equivalent  to  prurui,  secunda  pagina. 
The  will  might  be  written  either  by  the  testator 
or  by  any  other  person  with  his  consent,  and  some- 
times it  waa  made  with  the  advice  of  a  lawyer. 
It  was  written  in  the  Latin  language,  until  A.D. 
439,  when  it  was  enacted  that  wills  might  be  in 
Oreek  (Cod.  6,  23,  21).    By  the  old  law  a  legacy 
<!ould  not  be  written  in  the  Greek  langunge,  though 
n  fideicommissum  could  be  so  given.    It  does  not 
appear  that  there  was  originally  any  signature 
by  the  witnesses.     The  will  was  sealed,  but  this 
might  be  done  by  the  testator  in  secret,  for  it 
was  not  necessary  that  the  witnesses  should 
huow  the  contents  of  the  will ;  they  were  wit- 
'.lesses  to  the  formal  act  of  mancipatio,  and  to 
*^  he  testator's  declaration  that  the  tabulae  which 
Jic  held  in  his  hand  contained  his  last  will.     It 
^nust,  however,  have  been  in  someway  so  marked 
■  >H  to  be  recognised,  and  the  practice  of  the  wit- 
'.lesses  (testes^  sealing  and  signing  the  will  be- 
<  ame  common.     (As  to  the  will  of  Claudius,  see 
Suetonius,  Claudim,  44.)     It  w^as  necessary  for 
the  witnesses  both  to  seal  (signare) — that  is,  to 
make  a  mark  with  a  ring  ((inu/tis)  or  something 
«lse  on  the  wax — and  to  add  their  names  {c^ 
'^yihere).    The  five  witnesses  signed  their  names 
with  their  own  hand,  and  their  adscription  also 
declared  whose  will   it  was   that  they  sealed 
(Dig.  28,  1,  30).     The  seals  and   adscriptions 
were  both  on  the  outside.     A  senatusconsultum, 
which  applied  to  wills  among  other  instruments, 
enacted  that  they  should  be  witnessed  and  signed 
ns  follows :  they  were  to  be  tied  with  a  triple 
thread  (limmi)  on  the  upper  part  of  the  margin, 
which  was  to  be  perforated  at  the  middle  part, 
and  the  wax  was  to  be  put  over  the  thread  and 
sealed.    Tabulae  which  were  produced  in  any 
other  way  had  no  validity.    (Compare  Paulus, 
^.  R.  V.  25,  6,  where  impositae  seems  to  be  the 
true  reading,  with   Suet.   Ncr,   17.)     A  man 
might  make  several  copies  of  his  will,  which 
vas  often  done  {vi  vulgo  fieri  solet.  Dig.  31,  1, 
47;  a  case   put  to  Proculus)  for  the  sake  of 
caution.      Both    Augustas   and  Tiberius  made 
two    copies    of  their  wills  (Suet.   Aug,   101 ; 
Td)er.  76).     When  sealed,  it  was  deposited  with 
some  friend,  or  in  a  temple,  or  with  the  Vestal 
Virgins;  and  after  the  testator's  death  it  was 
opened  {retignare)  in  due  form.    The  witnesses 
or  the  major  part  were  present ;  and  after  they 
had  acknowledged  their  seals,  the  thread  (linwn) 
was  broken  and  the  will  was  opened  and  read, 
and  a  copy  was  made;  the  original  was  then 


sealed  with  the  public  seal  and  placed  in  the 
archium,  whence  a  fresh  copy  might  be  got,  if 
the  first  copy  should  ever  be  lost  (Paulus,  iv.  6). 
This  practice,  described  by  Paulus,  may  have 
been  of  considerable  antiquity.  The  will  of 
Augustus,  which  had  been  deposited  with  the 
Vestal  Virgins,  was  brought  into  the  senate  after 
his  death  (Tac.  Ann,  i.  8):  none  of  the  witnesses 
were  admitted  except  those  of  senatorial  rank  ; 
the  rest  of  the  witnesses  acknowledged  their 
signatures  outside  of  the  Curia  (Suet.  7T6.  23). 

A  passage  in  a  Novel  of  Theodosius  II.  (a.d. 
439,  do  Testamentis)  states  the  old  practice  as 
to  the  signature  of  the  witnesses.  **  In  ancient 
times  a  testator  showed  (pfferebat)  his  written 
testament  to  thn  witnesses,  and  asked  them  to 
bear  testimonv  that  the  will  had  so  been  shown 
to  them  (phlatarum  tabularum  perhibere  testi' 
monium)"  which  are  almost  the  words  of  Gains. 
The  Novel  goes  on  to  state  that  the  ignorant 
presumption  of  posterity  had  changed  the 
cautious  rule  of  the  ancient  law,  and  the  wit- 
nesses were  required  to  know  the  contents  of 
the  will ;  the  consequence  of  which  was  that 
many  persons  preferred  dying  intestate  to  letting 
the  contents  of  their  wills  be  known.  The 
Novel  enacted  what  we  may  presume  to  have 
been  the  old  usage,  that  the  testator  might  pro- 
duce his  will  sealed,  or  tied  up,  or  only  closed, 
and  offer  it  to  seven  witnesses,  Roman  citizens 
and  puberes,  for  their  sealing  and  adscription, 
provided  at  the  same  time  he  declared  the 
instrument  to- be  his  will  and  signed  it  in  their 
presence,  and  then  the  witnesses  afHxed  their 
seals  and  signatures  at  the  same  time  also.  A 
will  was  opened  in  the  presence  of  the  witnesses 
to  it,  so  that  they  might  acknowledge  their 
seals,  and,  having  been  read,  copies  of  it  were 
allowed  to  be  taken;  it  was  then  sealed  up 
and  deposited  in  the  public  archives  (Paul.  iv. 
6,  1 ).  Valentininn  III.  enacted  that  if  a  testa- 
mentum was  holographum,  witnesses  were  not 
necessary. 

A  fragment  of  a  Roman  will,  belonging  to 
the  time  of  Trajan,  was  published  by  Pugg^  in 
the  Rheiniachea  Museum,  vol.  i.  p.  249,  &c. ;  and 
it  is  explained  by  Rudorff  {Das  Testament  des 
Dasumius,  Zeltschrift,  &c.  vol.  xii.  p.  301). 

The  penalties  against  fraud  in  the  case  of 
wills  and  other  instruments  were  fixed  by  the 
Lex  Cornelia.    [F album.] 

The  institution  of  a  heres  was  essential  to  a 
will.  A  will  was  either  wholly  or  partly  in- 
valid in  which  sui  heredes  were  neither  insti- 
tuted nor  exheredated,  but  simply  passed  over 
in  silence ;  the  praetor  made  a  similar  rule  in 
the  case  of  emancipati.  The  rules  on  this  sub- 
ject arc  stated  in  Heres  (Roman)  and  Bokoruh 
PoesEssio. 

A  testament  which  was  invalid  from  the  first 
was  injustum  or  non  jure  factum^  when  the 
proper  forms  had  not  been  observed;  a  void 
will  is  sometimes  said  to  be  nullum  or  nullius 
momenti,  as  in  the  case  of  a  filiusfamilias  who 
is  praeteritus.  A  testamentum  jnstum  might 
become  either  ruptum  or  irritnm  or  destitutnm 
in  consequence  of  subsequent  events  (Dig.  28, 
3,1). 

A  testament  became  ruptum  if  the  testator 
made  a  subsequent  testament  in  due  form  as 
required  by  law:  and  it  made  no  matter 
whether  or  not  there  turned  out  to  be  a  heres 


806 


TESTAMEKTUM 


TESTAMENTUM 


under  the  second  will:  the  only  question  was 
whether  there  could  have  been  one.  If  then  the 
heres  named  in  the  second  will  refused  the 
hereditas,  or  died  either  in  the  lifetime  of  the 
testator  or  after  his  death,  and  before  the  cretio, 
or  failed  to  comply  with  the  conditions  of  the 
will,  or  lost  the  hereditas  under  the  Lex  Julia 
et  Papia  Poppaea — ^in  all  these  cases  the  pater- 
familias died  intestate. 

The  testator  must  have  a  capacity  to  make  a 
will,  and  continue  to  have  the  capacity  until  his 
death;  but  this  principle  does  not  apply  to 
mental  sanity,  for  the  will  was  yalid  if  the 
testator  bedame  insane.  But  the  will  became 
irriium  if  the  testator  sustained  a  capitis  de- 
minutio  after  the  date  of  the  will ;  or  if  it 
failed  of  effect  because  there  was  no  heres,  it 
was  desUtutum.  If  a  will  failed  to  take  effect 
for  want  of  a  heres,  the  deceased  died  intestate ; 
the  intestate  heir  might,  however,  be  bound  to 
carry  out  the  provisions  of  the  will,  if  requested 
to  do  so  by  fideicommisaum.  (As  to  the  use  of 
subttiiutio  for  the  purpose  of  preventing  intes- 
tacy, see  Heres.)  If  a  will  took  effect,  the 
whole  property  of  the  deceased  passed  to  the 
heirs  instituted  in  the  will,  whether  or  not  this 
was  the  intention  of  the  deceased.  The  rule 
^nemo  partim  testatus  et  partim  intestatus 
decedere  potest "  may  be  explained  by  the  fact 
of  the  will  having  developed  out  of  adoption. 

If  a  man  who  had  made  a  will  was  taken 
prisoner  by  the  enemy,  his  will  was  good  jure 
posUiminii  if  he  returned  home;  if  he  died  in 
captivity,  it  was  made  as  valid  by  the  Lex 
Cornelia  as  if  he  had  not  been  a  captive. 

Though  a  will  might  be  injustum  and  irritum 
by  the  Jus  Civile,  it  was  not  alwap  without  effect; 
for  the  Bonorum  Possessio  secundum  tabulas 
might  be  had  by  the  scriptus  heres,  if  the  will 
was  witnessed  by  seven  witnesses,  and  if  the 
testator  had  the  testamentifactio,  at  the  time  of 
making  the  will  and  at  the  time  of  his  death, 
though  not  at  some  intervening  period.  The 
distinction  between  the  case  of  a  will  which 
was  invalid  Jure  Civili  for  want  of  due  forms, 
and  one  which  was  invalid  for  want  of  legal 
capacity  to  dispose  of  property  by  will,  was 
well  recognised  in  the  time  of  Cicero  {Top,  11). 
A  will  also  became  raptum  by  agnatic ;  that  is, 
if  a  suus  heres  was  born  after  the  making  of 
the  will  who  was  not  either  instituted  heres  or 
«xheredated,  as  the  law  required.  A  quasi 
agnatic  also  arose  by  adoption,  or  by  the  in 
manum  conventio,  or  by  succession  to  the  place 
of  a  suus  heres,  as  in  the  instance  of  a  grandson 
becoming  a  suus  heres  in  consequence  of  the 
death  or  the  emancipation  of  a  son :  a  will  also 
became  ruptum  by  the  manumission  of  a  son, 
that  is,  where  the  son  after  a  first  and  second 
mancipation  returned  into  the  power  of  his 
father.    [£iiANCiPATio ;  Heres.] 

A  testament  was  called  inofficiotum  which 
was  made  in  legal  form,  '*sed  non  ex  officio 
pietatis."  For  instance,  if  a  man  had  exhere- 
dated  his  own  children,  or  passed  over  his 
parents,  or  brothers  or  sisters,  the  will  was  in 
form  a  good  will ;  but  if  there  was  no  sufficient 
reason  for  this  exheredation  or  praeterition,  the 
persons  aggrieved  might  have  an  inoffidon 
querela.  The  ground  of  the  complaint  was  the 
allegation  that  the  testator  was  "  non  sanae 
mentis,"  so  as  to  have  capacity  to  make  a  wiU. 


It  was  not  alleged  that  he  waa  furiosus  or 
demens,  for  theae  were  technical  words  which 
implied  complete  legal  incapacity.  Ferha(»  thi» 
fiction  of  insanity  was  derived  from  Greek  law, 
fjutyiu  of  the  testator  having  been  the  allied 
ground  under  early  Attic  law  for  actioDs  brought 
by  relations  to  set  aside  wills  in  which  they 
were  disinherited  (Schulin,  16 ;  Sohm,  Inst. 
§  100,  n.  6).  No  person  could  maintAin  a. 
querela  inofficioei  except  brothers  and  aisten  of 
the  same  father,  and  brothers  and  sisttcra  oonid 
only  maintain  their  claim  against  scripH  hereda 
who  were  turpes  penonae.  The  oompUint  also 
could  only  be  maintained  in  cases  where  the 
complaining  parties  had  no  other  right  or  means- 
of  Kdress.  Originally  the  querela  oould  be 
brought  if  less  than  one-fourth  of  the  share 
of  the  claimant  ab  nUestcOo  was  left  to  him, 
whether  as  heir  or  legatee  was  immaterial,  by 
the  law  of  Justinian.  If  any  portion,  however 
small,  was  left  by  the  will  to  the  complaining 
party,  he  oould  not  maintain  a  querda  ino^dotiy. 
and  he  was  only  entitled  to  so  much  as  would 
make  up  his  proper  share  {jporUo  Ugiima), 
If  the  judex  declared  the  teatamentum  to  be> 
inofficioBum,  it  was  rescinded,  and  the  qnerelant 
succeeded  ab  iniestato ;  but  if  there  were  several 
heredes,  the  testament  would  only  be  resdnded 
as  to  him  or  them  against  whose  institution  the 
judex  had  pronounced.  The  querela  waa  tried 
by  the  centumviral  court,  as  long  as  the  court 
existed.  [Centum 7iRi.]  (Plin.  Ep.  r.  1 ;  Inst, 
ii.  18 ;  Dig.  5,  de  Inoffidao  TettionentoS) 

Justinian  made  various  changes  in  the  rnlea 
restricting  testamentary  freedom  in  fiarour  of 
near  relations.  1st.  He  provided  that  if  any- 
thing was  left  to  such  relation  he  was  not  to  be 
entitled  to  the  querela,  but  only  to  the  actio  ad 
supplendam  legit  imam.  2nd.  By  18  Nor.  he 
increased  the  amount  of  the  poriio  legitima. 
3rd.  By  115  Nov.  he  amalgamated  the  law 
respecting  formal  exheredation  of  sni  heredes 
with  that  respecting  inofficiositas.  He  obliged 
ascendants  and  descendants  respectively  to  in- 
stitute one  another  heredes,  if  there  was  a 
right  of  succession  in  the  event  of  intcstacr, 
and  only  allowed  exheredation  on  certain  grounds 
expressed  in  the  statute,  A  testator  had  to 
declare  a  statutable  ground  of  exheredation  in 
his  will.  If  a  relation  entitled  under  this  lav 
was  instituted,  but  not  so  much  as  his  portio 
legitima  was  left  to  him,  he  had  the  actio  ad 
supplendam  legitimam.  If  not  instituted,  he 
had  the  querela  inoffidosi  testamenti,  nnless  he 
had  been  exheredated  for  due  cause.  The  effect 
of  the  querela  was  not  to  set  aside  the  will 
altogether,  but  to  let  in  the  quereUnt  to  the 
extent  of  his  intestate  share. 

The  querela  inoffidosi  is  explained  by  SsTigny 
with  his  usual  perspicuity  (^Bysfem,  sc  voL  iL 
p.  127).    When  a  testator  passed  over  in  his 
will  any  of  his  nearest  kinsfolks,  who  in  the 
case  of  intestacy  would  be  his  heredes,  this  gare 
rise  to  the  opinion  that  the  person  thus  passed 
over  had  merited  this  mark  of  the  testator*s 
disapprobation.    If  this  opinion  was  anfounded, 
the  testator  had  done  an  unmerited  injury  to 
the  person,  and  his  remedy  was  by  getting  the 
will  set  aside,  as  made  under  the  influence  of 
passion.     If  the  will  was  set  aside,  the  testator 
was  thereby  declared  to  have  died  intestate,  aoJ 
the  complainant  obtained  the  hereditas  vhiLh 


TESTAHENTUH 

vu  the  immtdiite  objrct  of  tba  qumlt,  or  hi> 
fhare  of  it.  Bot  tbe  ultimate  abject  of  tlie 
ijuerela  wu  the  pablic  re-ettibliifamcat  of  tbe 
iajured  honoiir  of  the  mmpliiiiiaiit,  who  la  thii 
utioD  nppeared  in  x  hoetile  poaition  with  rtipect 
it  the  testator  who  had  brought  bia  chaiactei 
iDlo  quettion.  Conuqaently  thia  aclioa  btd  for 
lis  ultimate  object  Tindicta,  (md  the  pecoliuitj 
01'  the  action  coneitled  in  the  difference  iMtween 
tliii  ultimate  object  of  the  action  and  the  imme- 
diate object  of  it  (property!,  which  was  merely 
a  means  to  the  ultimate  object.     [Vikdicta,] 

There  ii  no  evideDve  toibow  when  the  qatrelo 
indCficion  wu  introdoced  ai  n  mode  of  aetting 
uidt  ■  will.  The  jihraie  teatamattitm  jn- 
ogidoMan  DCCuri  in  Cicero,  and  in  Qnlntilian 
(/int.  Or.  I.  2). 

Codicilli  were  an  informal  will :  they  roay  be 
defined  to  be  a  teatAinentarj  diapcaition  of  inch 
a  kind  which  dota  nnt  allow-  any  direct  nniren*] 
succeuion,  and,  coDieqnentlj,  neither  the  direct 
appointment  nor  eiheredation  of  a  herea,  eren 
though  the  codicilli  are  confirmed  by  ■  teita- 
ment;  but  ha  who  waa  appointed  herei  by  a 
teitament  might  be  requested  by  codicilli  to 
giTe  the  her«litu  to  another  altogether  or  in 
]«rt,  even  though  the  codicilli  were  not  con- 
Iirmed  by  a  leatament.  A  legacy  conld  not  be 
giTen  by  codicilli,  unleai  the  codicilli  were  con- 
iinned  by  a  will ;  and  thia  moat  be  the  oue  to 
which  PUny  refen.  (Ep.  ii.  16).  Acilinnui  had 
made  Pliny  "  herea  ei  parte,"  but  he  had  abo 
made  codicilli  in  hii  own  handwriting,  which,  as 
PUny  allegea,  were  void  (pro  tun  icriptii  Kabendi) 
iwcause  llieT  were  not  confirmed  by  the  will. 
Sow,  aa  already  obierred,  it  n|iiwBr»  from  Gains 
(ii.  2T3)  that  a  person  who  waa  appointed  herea 
by  a  will  might  be  required  by  codicilli  to  give 
the  whole  hereditas  or  a  pait  to  another,  eren 
though  the  codicilli  were  not  confirmed  by  a  wilL 
Bnt  Pliny  is  speakiog  of  codicilli  which  were 
mid  for  want  of  a  testamentary  confirmation; 
and  Ibis,  as  we  learn  from  Gaiua,  is  the  case  of 
a  Itncy  gtTen  by  codicilli  which  haTO  not  bttn 
Donfiimed  by  a  will.  This  confirmation  might 
be  either  protpective  or  retroepectire  ("ri  in 
testamento  carerll  teitator,  ut  qnidquid  in  codi- 
cillis  scripserit,  id  ratam  ait,"  Osiu^  ii.  '270 ; 
"quos  norisaimos  fecero,"  Dig.  29,  7,  6).  This 
passage  of  Pliny  at  to  the  conRrmatian  of  codi- 
cilli by  a  teatiment  has  tometimes  been  mls- 
nndentood.  It  ia  sUted  (Dig.  29.  7,  B),  "Con- 
lidunlnr  codicilli  quataoi  modis :  ant  enim  in 
ftilunini  confirmantur  aut  in  praeteritum,  ant 
per  fideicommissnm  tcatamento  facto  ant  tine 
teslamanto."  These  fonr  modes  are  referred  to 
in  Qaina:  the  first  two  are  contained  in  the 
words  aboTe  quoted,  "Si  in  teatamento,"  &c. : 
the  third    ia  the  case  of  the    h(         '       ' 


TESTDDO 


807 


confirmati; 


a  to  another 
1    the 


being  required  to  giT 
[lerson  by  codicilli 
fonrth  it  the  c«a*  of 


mentary  dupoaition.  It  was  a  rule  of  law  that 
todidlli,  when  duly  made,  were  to  be  con- 
sidered (except  in  a  few  caaes)  as  incorporated 
in  the  will  at  the  time  when  the  wilt  was  made, 
apriuciple  which  led  to  variant  legal  conclu- 
•ioat,  which  the  Soman  jnriata  deduced  with 
their  utnal  precition  (Dig.  27,  7,  2). 

Originally  there  was  probably  do  particular 
">rin  required  for  codicilli;    but  there  mutt 


ubacribed  theii 


the  presence 


have  been  eridence  of  their  containiug  the 
teatator'a  intention.  Snbscqaenlly  witnesses 
wen  required,  and  livs  witneues  were  aufEciant 
for  codicilli  made  ia  writing,  if  the  witnesses 
mea  to  the  codicilli  (Cod.  6, 
uld,  without  writing  and  in 
e  witnesses,  impose  a  tidei- 
heres.  A.  tettament  which 
was  defective  at  tuch,  might  be  effeclaal  ss 
codicillL  The  power  to  make  codicilli  waa  the 
Bsme  as  the  power  to  make  a  testament.  (Dig. 
29,  7,  dt  Jan  CodiaUonon ;  Inst.  ii.  25.) 

The  articles  on  HtiftES,  BoNORUX  PoesEmo, 
LEaATUM,  FiDEiooitHUii'ii,  Ac,  ihonld  be  read 
with  thia  article.  (Gaius,  ii.  lOl-lOS;  tllp. 
Frag.  11. )  Intt.  ii.  10,  be. ;  Dig.  28,  1 ;  Cod.  6, 
23  ;  Vsngerow,  Pandekten,  &c.,  ii.  \  427,  &c. ; 
Holder,  Eibnchl;  KBppen,  S<i>Um  ErtivAti; 
Schirmer,  Hartdbuch  rf«  Him.  ErbrtchI ;  Dera- 
bnrg,  Beitr.  sur  Qiich.  der  rtm.  Tea. ;  Vering, 
Himitcha  EHitcM  ;  Cans,  Das  Erirteht.) 

[G.  L]    [E.  A.  W.] 
TESTIS,    ■   witneas.       1.  Greek.       [Mah- 

iTRiA.]    2,  Rohan.    [Jdwdbanbum.] 

TEHTU'DO  {xtMni),  a  tortoise,  was  the 
name  giren  to  teTcral  other  objecte. 

1.  To  the  l.yrn,  because  it  was  sometime* 
made  of  a  tDrtoiie-thell.     [LvBA.} 

2.  To  an  arched  or  laulted  roof  (Verg.  Am. 
i.  505;  Cic.  Snit.  22,  87).  Thus,  for  insUnce, 
in  a  Roman  houae,  when  the  Car  am  Aedium 
was  roofed  all  orer  and  had  no  opening  or  com- 
pltivium  in  the  centre,  the  Cavnm  Aedium  was 
called  Teitudo  (Varr.  L.  L.  r.  16t,  ed.  Uiiller). 
[D0MU8,  Vol.  I.  pp.  670,  683.] 

3.  In  military  affairs  teatudo  (x'S^rv)  ie 
used  aa  a  generic  term  for  all  kinds  of  morabla 
roafd  Bsed  to  protert  men  or  engines.  The  lirtt 
mention  of  a  x*>-^"l  '■  in  ^f^-  tltB.  ili.  1,  T. 
There  were  dllferent  kinds  of  such  ihed-like 
constructioni,  all  of  which  were  made  of  wood 

{a)  xiAnrq  Kpio^ipas  (Uitada  arittaria, 
Vitruv.  1.  19  (13),  7)  waa  a  shed-like  protection 
for  the  battering-ram;  tee  ABlia. 

m  xiXiyj,  Sioptwrpft  (ApoUod.  138,  Watcher) 
or  ipifirrpd  (Anonym,  ap.  Wetcher,  p.  214),  used 
for  protecting  aoldlen  when  they  were  under- 
mining a  wall.  Its  fVont  waa  quite  perpen- 
dicular, to  that  it  coald  be  mn  up  cloe*  to  tha 
wall ;  and  the  liae  of  the  roof  formed  by  the 


tore  Weacber, 
Poliorc^liqat 

da  Qrea,  fig. 
Uii.).  This  is 
the  way  Vitru 
M«A.  19  Wescher. 


n  by  Uiiller  in  Banmeister  (fig..577, 


308  TEBTUDO 

yol.  i.  p.  540)  doei  not  agree  with  VitrnTiiu, 
(.  c. 

(c)  xt>^"l  X-^P^'  (Mod.  ii.  27  i  "testudo 
quu  ftd  coBgestionem  fotnniin  pantur,"  Vitruv. 
I.  20  (14),  irho  elibantel]'  deurib«a  it  after 
Philo  the  Atheoian,  giving  numeroiu  meuure- 
ments)  wu  lued  when  the  ground  in  front  of 
'  the  walli  of  a  beueg«l  town  had  to  be  altered 
JD  aoy  wajr  to  further  the  liege,  e.g.  ditchea  to 
be  filled,  accliTities  ieTelled,  &c.  IC>  dittinctlre 
featare  wa*  that  it  had  on  the  front  next  the 
enemy  a  iloping  roof,  u  in  the  lubjoined  cut. 


The  ciia  of  thia  teitudo,  as  that  of  other 
teitudiuea,  of  cuurte  Taried.  That  described  by 
Philo  appears  to  have  been  abaat  39  by  35  feet 
(Droyien,  Qriech.  Knegtalt.  p.  227).  All  the 
tsatudinei  were  ai  a  general  rule  covered  with 
a  double  layer  of  fresh  hides,  whit^h  were  stuffed 
with  Mayweed  or  chaff  ateeped  in  vinegar,  or 
other  non-indammable  SDbatauces  (Vitruv.  1.  c). 
These  coreringa  were  called  caittma,  and  sacks 
of  thU  DAtun  weie  alio  used  for  eitinguithing 
firea  (Dig.  33,  7,  12)  and  for  receiving  the  blow* 
nf  missilea  diicharged  from  cnginea  (Ciea.  Bill. 
Gv.  ii.  9). 

(d)  x'>^"l  V*^  (Athea.  d^  ifoA.  SB 
WeacbeO,  probably  like  (ft),  eieept  that  iU  roof 
appears  to  have  been  arched,  not  pointed.  It 
seema  to  have  been  apeciallj  adapted  to  withstand 
great  weights  when  hurled  down  on  the  b«- 
■iegers  (Apollod.  p.  13»  fla.  Weich.> 

For  further  details  on  these  teitadiaes,  see 
Vitravins,  (.  c.  j  ApoUodorue,  pp.  140  ff.,  154  ff., 
Wescher;  and  Droysen,  QriecA.  Kritgv^t.  pp. 
287  ff. 

4.  The  name  of  Teatudo  was  also  applied  to 
the  cuvering  made  by  a  close  body  of  soldiers ; 
the  KldJera  of  the  outside  rank  placing  their 
long  Mmi-cylindiioJ  shaped  shields  (cl'pei, 
iiTviSft)  in  front,  and  the  others  placing  their 
flat  shields  (icuia,  fh/ftoX)  orer  their  head*  to 
secure  themselves  against  the  darts  of  the  enemy. 
The  shields  fitted  so  closely  together  as  to  present 
one  unbroken  surface  without  any  insteratices 
between  them,  and  were  also  so  firm  that  men 
could  walk  upon  them,  and  even  horses  and 
chariota  be  driveo  over  them  (Dio  Casa.  ilii.  30). 
A  testndo  was  formed  (fc^adiaem  factre)  either 
in  battle  to  ward  off  the  arrows  and  other  missiles 
of  the  enemy  (cf.  Lir.  i.  29,  6, 12  ;  and  phalangt 
facta  in  Caes.  Bell.  Gall.  i.  24),  or,  which  was 
more  frequently  the  case,  to  form  a  protection 
to  the  soldiers  when  the;  advanced  to  the  wbDs 
or  gates  of  ■  town  far  tha  purpose  of  attacking 


TKTEAECHA 

them  (Dio  Caia.  I.e.;  Lir.  x.  43;  lui.  39^  14; 
iiiiT.  39,  6;— Caes.  B.  Q.  iu  6;  SaU.  Jwj. 
94;  Tac  Jua.  iiiL39i  Biri.  iiu  27,  31.S« 
cut  aimeied,  taken  from  the  Autonin*  Column'. 


:'■  /I 


Sometime*  the  shields  were  disposed  in  sndi  i 
way  as  to  make  the  testudo  slope.  The  loldiin 
in  the  first  line  stood  upright,  those  io  ibt 
second  stooped  a  little,  and  each  line  tuccessivcit 
was  a  little  lower  than  the  preceding  down  t.> 
the  last,  where  the  soldiers  rested  on  one  ksK, 
Sttch  ■  disposition  of  the  shield*  was  olleJ 
Fattigata  lalvdo,  on  acoouDt  of  their  slopin; 
like  the  roof  of  a  building,  npa/imrf  narapfirf 
TaparXiiirur(Poljb.ziTiiL12).  Theadvanuj" 
of  this  plan  were  obvious  :  the  stones  and  mii>ile> 
thrown  upon  the  shields  mlled  off  then  lite 
water  from  a  roof;  besides  which,  other  soldien 
frequently  advanced  Dpou  them  to  attack  Ihr 
enemy  upon  the  walls.  The  Romans  were  scco^ 
tomed  to  form  this  kind  of  teitudo,  is  lu 
exercise,  in  the  games  of  the  Grcos  (Liv.itiv.i'; 
Polyb.  iiviii.  13).  [W.  S.]     [L  C  P,] 

TETEADBACHMON.  [Dkactha.] 
TETRARCflAor  TBTBABCHES  (vrr,^ 
Xv)'  ^''i*  '"^'^  '"  origiuUy  used,  aecordis; 
to  its  etymological  metuting,  to  signiFy  li" 
governor  of  the  fourth  part  of  a  coantrj  (nr^ 
Xla  or  rrtpaSapxi')-  ^'  iitre  an  example  ii' 
iJia  ancient  dirision  of  Tlwaaalj  int*  bar  te- 
trarchies,  which  was  revived  by  Philip  (Hsrpo- 
crat.  (.  B.  Trrpopx^B:  Stnbo,  ii.  p.  430j  Di- 
moeth.  Phil.  ui.  p.  IIT,  §  36;  Eniip.  Mat. 
11&4;ThirlwairBC're«ai,Ti.  pp.  13,14;GUben. 
SUiatalL  iL  13).  [Taara.]  Each  of  ihr 
three  aslUc  tribes  which  settled  in  Galatts  wu 
divided  into  foor  tetrarchies,  each  ruled  by  i 
tetrarch.  [Pagos.]  (Strsbo,  liL  pp.  566,  5«T ; 
Plin.  M.  S.  T-  g  42.)  Thi*  anangemeat  sob- 
sisted  till  the  later  times  of  the  Koman  republi: 
(Appian,  MilArid.  46 ;  j^.  50  ;  BtlL  Ac.  iv.  Si). 
but  at  last  the  twelve  tetrarch*  of  Oalli^necij 
were  reduced  to  one,  namely  Deiotairas  (Uv.  rpi'- 
iciv.;  Cic  praDtiat.  15;  Hirtius,  di.SsV.aib 
"■"      "         of  the  tribes  of  Syria  w  '  " 


the  I 


renltd^' 


house  of  Hsrod  ruled  in  Palestine  with  this  titU 


•  rarrRASTYLOs 


THABGELIA 


809 


<Plin.  H.  N,  V.  §  16,  19 ;— Joseph.  Antiq,  xir.  13, 
§  I,  XTU.  8,  §  1,  xi.  4,  §  18,  xvii.  11,  §  1,  xi.  2, 
§  2 ;   Vit.  11 ;  Marquardt,  Staatsxterw,  i.  401). 

In  the  later  period  of  the  Republic  and  under 
the  Empire,  the  Romans  seem  to  have  used  the 
title  (as  also  those  of  ethnarch  and  phylarch)  to 
designate  those  tributary  princes  who  were  not 
of  sufficient  importance  to  be  called  kings. 
(Compare  Lucan,  rii.  227 ;  Sallust,  CatiL  20 ; 
Cic.  pro  Mil,  28,  76,  m  Vatin,  12,  29  ;  Hor.  Sat 
i.  3,  12 ;  Veil.  Paterc.  u.  51 ;  Tac.  Ann.  xr. 
t25.)  [P.  S.] 

TETBASTYXOS.    [Tbmplum.] 

TBTECBOLUS.    [Drachma.] 

TETTABAGONTA,  Ji01iolrrrrapdKorra\ 
tlie  Forty  (Isocr.  Antid,  §  237  ;  Dem.  c.  Pantaen, 
}!.  976  §  33),  one  of  the  minor  magistracies  at 
Athens,  were  also  called  ^cxa^-ral  xarii  8^/iovf, 
*'  district  judges  "  (Id.  c  Timocr.  p.  735,  §112); 
but  except  in  these  passages  they  seem  only  to 
be  mentioned  by  the  grammarians.  Their 
number  was  originally  thirty,  but  was  increased 
to  forty  after  the  expulsion  of  the  Thirty  Tyrants, 
in  consequence,  it  is  said,  of  the  hatred  of  the 
Athenians  for  the  number  thirty  (Harpocrat., 
quoting  Aristotle ;  Snid.  [in  the  same  words] ; 
Pollux,  Tiii.  100).  They  were  chosen  by  lot, 
apparently  in  equal  numbers  from  each  tribe : 
Demosthenes  (Timocr.  1.  c.)  speaks  slightingly 
of  them  as  unimportant  persons  in  whom  no 
qualification  of  property  or  ability  was  required. 
They  went  on  circuits  through  the  demes  (urban 
s»B  well  as  rural.  Lips.  Att,  Proc,  p.  91),  and 
decided  of  their  own  competence  trivial  causes 
where  the  matter  in  dispute  was  not  above  the 
value  of  ten  drachmas;  beyond  that  amount 
they  carried  the  cause  before  the  Statniral,  and 
themselves  acted  as  cj(ray»7cif :  that  is,  they 
received  the  accusation,  drew  up  the  indictment, 
and  attended  to  all  that  was  understood  in  Attic 
law  by  the  Jiyti^wia  iucaarriplov  (Poll.  /.  c). 
Isocrates  somewhat  vaguely  describes  those  who 
were  bronght  before  them  as  ro^r  t*  4r  ro7t 
ililott  wpdy/Mirti^  iHucovyras  irol  rohs  fiii  iuctdms 
dyKoXourrms,  The  extent  of  their  jurisdiction 
in  cases  of  aiie(a  and  t&  wtpl  r&y  fiudmr  (Dem. 
Pontoon.  1.  c.)  has  been  a  matter  of  some  dispute ; 
bat  Schomann,  Teuffel  (ap.  Pauly,  s.  o.  rtira'apdr 
tcovra)y  and  Lipsius  are  unquestionably  right  in 
limiting  their  power  of  decision  to  ^'slanders 
and  assaults  of  minor  importance  "  (nichtpeMiche 
Injurienklagen'),  In  aggravated  or  murderous 
assaults,  including  rape  [Biaion  Dikh],  their 
office  must  have  been  that  of  tlffaytvyus.  We 
cannot  suppose  their  criminal  jurisdiction  to 
iiave  been  more  extensive  than  their  civil ;  it  is 
not  in  keeping  with  Athenian  institutions  that 
men  who  could  only  decide  up  to  the  amount  of 
ten  drachmas  should  have  tried  offences  which 
were  in  many  cases  capital.  It  has  been  sug- 
gested that  in  these  serious  cases  {e,g.  the 
aggravated  assault  which  forms  the  subject  of 
the  speech  again$t  ConoiC^  they  acted  as  a  jury 
under  the  ^ytfioyta  of  the  Thesmothetae ;  but, 
as  we  hare  said  elsewhere,  their  number  was 
much  too  amall  for  an  Athenian  jury  (cf.  Ctasi, 
JRev,  i.  15),  and  it  is  not  likely  that  they  ever 
acted  as  iucaaraX  in  the  ordinary  sense.  For 
the  Athenian  practice  of  employing  small  courts 
only  in  trifling  cases,  a  SiKoar&y  wKriBos  in 
others,  cf.  Aristot.  Pol,  iv.  13  (16)  =  p.  1300  b, 
23  and  32. 


Like  other  magistrates,  they  had  their  traylBtf 
or  white  boards  on  which  legal  notices  were 
posted  (Isocr.  /.  c«),  and  were  responsible  (^ci^ 
9vtfot)  for  their  conduct  in  office.  When  Demo- 
sthenes (^Timocr,  1.  c.)  speaks  of  them  as  having 
to  aiccount  for  public  monies,  this  must  refer 
to  the  court  fees  {wp/urayud)  deposited  by  the 
suitors.  Whether  they  exercised  their  juris- 
diction jointly  as  a  boaiti,  or  in  certain  divisions, 
is  not  expressly  stated ;  but  it  is  almost  certain 
that  they  sat  by  tribes,  i,e.  in  boards  of  four, 
and  that  the  tribal  judges  rather  obscurely 
alluded  to  by  Lysias  (c.  Panel.  §  2)  and  IsaeuK 
(ap.  Harpocrat.  s.  v.  5ri)  are  to  be  identified 
with  the  Forty.  Their  connexion  with  the 
tribes  suggests  that  they  may  have  been 
established  by  Cleisthenes,  though  on  this  point 
also  we  have  no  precise  information.  We  need 
not,  however,  undentand  that  before  his  legis- 
lation no  cases  were  tried  in  the  demes,  and  that 
the  parties  were  compelled  to  go  into  the  city 
for  every  little  legal  dispute  (Schi)mann,  p.  474). 

The  grammarians  seem  sometimes  to  have 
confused  the  district  judges  with  other  officers ; 
with  demarchs  (SchoL  ad  Aristoph.  Nvb.  37,  cf. 
Schomann,  p.  474  n. ;  Ait.  Proc.  p.  53  Lipsius) ; 
and  under  their  older  name  of  rpidieorra  with 
the  thirty  assistants  of  the  Lexiarchi  (Phot.  s.  c. 
rpidicorra :  EOCLESIA,  p.  698  6).  The  statement 
of  the  scholiast  Ulpian  (on  Dem.  c.  Mid.  p.  542, 
§  86)  as  to  the  number  of  the  Diaetetae  has  been 
proved  by  inscriptions  to  be  impossible  as  regards 
that  bodv  [Diaetetae,  VoL  I.,  p.  621  a]; 
whereas  the  figures  given,  with  the  slight  cor- 
rection of  Heraldus  (JSo'ay  Z\  rtffaapdKovTOy 
r4ff trapes  xaff  ^Kdffrriv  ^vA^O*  ^^  exactly  applic- 
able to  the  jcar^  ^fiovs  durcurro/  (Lips.  Att.  Proc. 
p.  91  n.).  (Cf.  Pollux,  viii.  40  ;  Harpocrat.  s.  r. 
Korii  ^fiovs  ^MMrrfis:  Lex.  Seguer.  pp.  306, 
15,  310,  21 ;  Schumann,  Ant.  Jur,  Publ.  p.  267, 
10,  Antiq.  i.  473  f.,  £.  T. ;  and  esp.  Att.  Procesitj 
pp.  88-93,  Lipsius).  [W.  S.]    [W.  W.] 

THALLO'PHOBI  (eaXko^poi),      [Pasa- 

THEKAEA,  p.  327  O.] 

THALY'SLA  (0aX^<ria),  a  festival  celebrated 
in  honour  of  Dionysus  and  Demeter  (Menand. 
Rhet.  quoted  by  Meursius),  or  according  to 
others  of  Demeter  alone,  as  it  is  described  by 
Theocritus  in  his  seventh  idyll,  and  by  the 
grammarians  who  wrote  the  arguments  to  the 
same.  It  was  held  in  autumn,  after  the  harvest, 
to  thank  the  gods  for  the  benefits  they  had 
conferred  upon  men  (Spanheim  ad  Callimach. 
ffym».  in  Cer.  20  and  137;  Wustemann  ad 
Theocrit.  Idytt.  vii  3).  [L  S.] 

THABOiS'LlA  (Bapy^XM),  a  festival  cele- 
brated at  Athens  on  the  6th  and  7th  of 
Thargelion  (=  about  May  24,  25)  in  honour  of 
Apollo  and  Artemis  (Etym.  M.\  Suidas,  $.  v. 
OofyT^Xia),  as  their  birthdays  (cf.  Delia),  or 
according  to  the  Scholiast  on  Aristophanes 
(Equit.  729)  in  honour  of  Helios  and  the  Horae ; 
the  latter  statement,  however,  is  in  substance 
the  same  as  the  former.  The  Apollo  who  was 
honoured  by  this  festival  was  the  Delian  Apollo, 
Apollo  Patrous  (Athen.  x.  p.  424). 

The  Thargelia  and  the  Delphinia  were  the 
chief  festivals  of  Apollo  at  Athens.  The  word 
$upyl\Kui  means  generally  the  fruits  of  the  earth 
as  derived  from  the  sun's  heat,  or  else  the  first 
fruits  of  the  crop  (Etym.  M.  443).  Now  it  was 
an  old  custom  to  send  an  offering  of  com  each 


810 


THABOELIA 


THABOEUA 


year  to  the  Delian  Apollo;  and  when  Apollo 
was  adopted  by  the  Athenians  into  the  circle  of 
their  dirinities,  the  offering  still  continued. 
This  was  doubtless  the  nucleus  of  the  festivaL 

The  first  act  was  the  sacrifice  of  a  sheep  on 
the  6th  to  Demeter  Chloe  (Schol.  on  Soph.  Otd, 
Col.  1600\  who  appears  to  hare  had  a  temple 
on  the  Acropolis  (Schol.  on  Arbtoph.  Lys.  835). 
It  is  an  error  to  suppose  that  this  is  the  XA^ia, 
and  that  the  latter  festiral  was  held  on  the  6th 
of  Thargelion  (=  about   May  24th);   for  the 
com  was  not  green  in  Thargelion ;  nor  can  that 
month  be  called  ircpl  rh  tap^  which  is  the  time 
specified  by  Comntns  for  the  Chloea  {ir§p\  rh  (op 
A^/Airrpt  XA^ifr  B^ovtrtf  Nat.  Dear.  28),  for  Diony- 
sius  (i.  63)  mentions  the  23rd  of  Thargelion  as 
occurring  towards  the  end  of  summer.    Then 
followed  still  on  the  sixth  a  great  purificatory 
sacrifice  (Plut.  Symp.  Yiii.  1,  2  =  717  Reiske ; 
Diog.  LaSrt.  ii.  44 ;  Harpocrat.  s.  v.  papfAaK6s). 
The  manner    in  which  this    purification  was 
effected  is  very  extraordinary  and  certainly  a 
remnant  of  very  ancient  rites,  for  two  persons 
were  put  to  death  on  that  day,  and  the  one  died 
on  behalf  of  the  men  and  the  other  on  behalf  of 
the  women  of  Athens.     The  name  by  which 
these  victims  were  designated  was    ff^fitucxot 
(Hellad.  op.  Phot.  534)  or  more  usually  ^npiiAmi 
(in  Ionic,  as  always  in  Hipponax,  ^apfiOKoi :  cf. 
Bergk,  Lyr.  Oraec.  ii.  p.  462):    according  to 
some  accounts  both  of  them  were  men,  but 
according  to  others  the  one  who  died  on  behalf  of 
the  women  was  a  woman  and  the  other  a  man 
(Hesych.  $.  v.  ^apfuueot).    On  the  day  when  the 
sacrifice  was  to  be  performed  the  victims  were 
led  to  the  different  temples  of  Apollo  in  the  city, 
— to  those  of  Apollo  Patrons,  Delphinius,  and 
Pythius  (cf.   Mommsen,   Heort,  p.  421), — and 
afterwards  out  of  the  city  to  a  place  near  the 
sea,  with  the    accompaniment   of   a    peculiar 
melody,  called  icpaB(i|r  y^/iOf,  played  on  the  flute 
(Hesych.  8,  o.).  [SchOmann  {Griech.  Alttrtfiumer^ 
ii.  456),  however,  says  the  apoJ^itit  v6ijms  does 
not  apply  to  this:  cf.  Plut.  de  Munca,  1133.] 
The  neck  of  the  one  who  died  for  the  men  was 
surrounded  with  a  garland  of  black  figs,  that  of 
the  other  with  a  garland  of  white  ones;  and 
while  they  were  proceeding  to  the  place  of  their 
destiny,  they  were  beaten  with  rods  of  fig-wood, 
and  figs  and  other  things  were  thrown  at  them. 
Cheese,  figs,  and  cake  were  put  into  their  hands 
that  they  might  eat  them.    They  were  at  last 
burnt  on  a  funeral  pile  made  of  wild  fig-wood, 
and  their  ashes  were  thrown  into  the  sea  and 
scattered  to  the  winds  (Tzetzes,  ChU.  y.  726> 
Some  writers  maintain  that  they  were  thrown 
into  the  sea  alive,  as  at  Leucas  (cf.  Strabo,  x. 
452),  but  the  matter  is  very  uncertain.    We  are 
not  informed  whether  this  expiatory  and  puri- 
fying sacrifice  was  offered  regularly  every  year, 
but  from  the  name  of  the  victims  {papiAOKu)  as 
well  as  from  the  whole  account  of  Tzetzes,  which 
is  founded  on  good  authorities,  it  appears  highly 
probable  that  an  actual  sacrifice  only  took  place 
in  case  of  a  heavy  calamity  having  befallen  the 
city  (mtvo^ffffit  rris  ir^X<«fX  '^ch  as  the  plague, 
a  famine,  &c. ;  and  that  in  ordinary  times  (cf. 
Miiller,  JkrianSf  i.   329)    the    solemnity    was 
merely  formal.    S(:httmann  (op.  ci<.  ii.  254, 456) 
is  of  opinion  that  the  victims  were  condemned 
criminals :  but  while  there  is  no  evidence  for  the 
statement,  there  is  an  a  priori  improbability 


that  a  sin  offering  would  be  made  of  those  whose 
lives  were  forfeit  in  any  case.  Tzetzes  (/.  c.) 
says  the  victim  was  rhr  wdyrmv  d^iop^^cpor  (a 
very  Greek  idea),  and  Schol.  on  Aristoph.  Ban. 
733  says  they  were  to^  ^aiKmn  icol  «i^  ri|r 
^^<rf«»f  irtfiov\€vofi4¥ovs^  i.e.  defonned.  At 
Massilia  a  somewhat  similaraolemnity  was  almost 
certainly  formal.  One  of  the  poorer  classca 
voluntarily  gave  himself  up  to  be  supported  for 
a  year ;  after  which  time  he  was  clad  in  sacred 
garments,  led  through  the  city  with  execrations 
heaped  on  him,  and  thus  bearing  as  was  rappoaed 
all  the  ills  of  the  state  was  cast  out  beyond  the 
boundaries  (Petron.  op.  Serv.  on  Verg.  Aen.  iii. 
57).  What  persons  were  chosen  as  victims  on 
such  occasions  is  not  mentioned,  and  we  only 
learn  from  Suidas  (s.  v.  ^apfttacoi)  that  they 
were    kept    at   the    public   expense    (d^/t»cUf 

On  the  second  day  of  the  Thargelia,  the  7th, 
there  was  offered  a  thank-oflering  to  the  Sun- 
god ;  and,  as  at  the  Pyanepsia,  the  children  bore 
about  branches  of  olive,  bound  with  wool,  calle<l 
flptirunftUf  which  they  finally  hung  up  before  thr 
doors  (Schol.  Aristoph.  Eq.  729 ;  Pltit.  1054). 
Porphyrins  (Ahttm.  ii.  7)  gives  a  long  list  of 
natural  and  artificial  pr^ucts  which  were 
offered  on  this  day  to  Helios  and  the  Horae. 
beginning  with  the  moist  earth  (lxAs)f  fronv 
which  all  things  spring  (cf.  Hermann,  Oitttesd. 
Alt.  §  60,  8).  The  second  day  of  the  Thargelia 
was  also  solemnised  with  a  prooession,  and  an 
agon  which  consisted  of  a  cyclic  chorus  perfonned 
by  men  and  boys  at  the  expense  of  a  choiagus 
(Lysias,  de  Mvner.  accept,  §  1 ;  Antiphon.  dc 
Chcreut.  $§  11,  12,  13 ;  C.  /.  Q.  213).  At  the 
Thargelia  each  choragus  had  two  tribes  allotted 
to  him,  out  of  which  he  was  to  iupply  a  chom» 
(Antiph.  /.  c ;  Schol.  on  Dem.  Lept.  465,  {  27). 
The  prize  of  the  victor  was  a  tripod,  which  he* 
was  required  to  dedicate  in  the  Temple  ot* 
Apollo  which  had  been  built  by  Peiaistratu* 
(Suidas,  8.  V,  li^ioy).  At  the  assembly  of  the 
Thargelia  crowns  were  proclaimed  (Law  ap, 
Dem.  Mid.  517,  |  10>  The  Archon  £ponymut. 
and  his  liri/i<Xi|Tal  had  the  management  of  the 
festival  (Poll.  viii.  89).  On  this  day  it  wa» 
customary  for  persons  who  were  adopt«i  into  a 
family  to  be  solemnly  registered  and  received 
into  the  gens  and  the  phratria  of  the  adoptive 
parents.  This  solemnity  was  the  same  as  that 
of  registering  one's  own  children  at  the  Apatoiia 
(Isaeus,  de  ApoUod.  kered,  c.  15).  [ADOrao 
(Greek).] 

Respecting  the  origin  of  the  Thargelia,  there 
are  two  accounts.  According  to  Istna  (ejt. 
Phot.  Lex.  p.  467 ;  Stym.  Jf.,  and  Harpocrat. 
8.  V.  ^ap/uuchs)  the  ^eipfteucel  derived  their  name 
from  a  man  ^dpfuucos,  who,  having  stolen  the 
sacred  phials  of  Apollo  and  being  diaoovered 
by  the  men  of  Achilles,  was  ston«d  to  death, 
and  this  event  was  commemorated  by  tlia  awful 
sacrifice  at  the  Thargelia.  Helladina  (L  c%  on 
the  other  hand,  states  that  at  first  thase  ex* 
piatory  sacrifices  were  offered  for  the  pvrpose 
of  purifying  the  city  of  contagions  dtseaaea,  as 
the  Athenians  after  the  death  of  the  Cretan 
Androgens  were  visited  by  the  plagva :  and  there 
certainly  was  some  connexion  between  tha  Del- 
phinia  and  the  Theseus-legend  (Mommas  n,  cp. 
dt.  421,  nota;  Preller,  OHech.  Mytk.  L  809). 
Bnt    probably   this    expiatcvy    sacriliea    was 


THEATRUM 

appointed  by  Epimenides ;  for  we  know  (Diog. 
LaSrt.  i.  110)  that  at  hU  suggestion  two  youths, 
Cratinus  and  Ctesibins,  were  put  to  death  and  a 
plague  was  stayed.  (See  Meursius,  Qraecia 
Feriata^  s.  t.  Ooyyy^Aui:  Bode,  Oeach,  der  lyrisch, 
DicktkmH  der  HelletL  i.  p.  173,  &c,  where  an 
aooount  is  also  given  of  the  KpMiis  p6fMs: 
K.  F.  Hermann,  ffandb.  der  Qottesd,  Alterth,  §  60, 
n.  4;  Preller,  Griechische  Mythohgie,  i.  209; 
SchSmann,    Oriechidche    AlterthUmer,    ii.   254, 


THEATRUM 


811 


455-6;  A.  Mommsen,  Beortologie  der  Athener^ 
50,53,414-425.)  [L  S.]    [L.  C.  P.] 

THEATRUM.  As  the  Greek  drama  sprang 
from  the  choral  dances  round  the  altar  oi 
Dionysus,  so  the  architectural  form  of  the  Greek 
theatre  was  dereloped  from  the  circular  dancings- / 
place,  the  ^px^^rpo.  At  first  there  was  no 
chorus  distinct  from  the  general  body  of  wo]> 
shippers,  all  of  whom  were  free  to  join  in  the 
dance.    As  soon  as  a  regular  Chorus  was  instil 


Fig.' I.  Dlonysiac  Tbeotre. 


tuted,  it  became  necessary  to  reserve  a  circular 
space  of  ground  for  it.  A  ring  of  stones  sufficed 
to  mark  off  this  circle.  The  altar  of  Dionysus 
was  placed  at  its  centre.  The  spectators  stood 
around  it,  and  watched  the  dance.  So  long  as 
the  dramatic  element  was  limited  to  a  dialogue 
between  the  Chorus  and  one  actor,  that  person 
could  stand  on  a  raised  place  in  the  middle  of  the 
Choms,  and  address  himself  to  yarious  points  of 
the  circle  In  turn.    But  when  Aeschylus  added 


a  second  actor,  it  became  necessary  that  the 
actors  should  play  towards  some  one  side.  It 
was  no  longer  possible  that  the  spectators  should 
form  a  complete  circle.  They  were  now  ar- 
ranged in  a  semicircle,  or  something  like  it. 
But  the  whole  circle  of  the  dancing-place  was 
still,  as  of  old,  kept  clear  for  the  Chorus.  The 
actors  stood  facing  the  spectators,  not  within 
the  circle  of  the  dancing-place,  but  on  the 
further  side  of  it.    Behind  them  was  the'  tent 


'612 


THEATRUM 


THEATRUM 


or  booth  ((rKi}v^)  in  which  they  dressed.    It  was 
an  easy  improvement  to  conceal  this  tent  from 
the  spectators  by  a  wooden  screen,  which  could 
represent  the  front  of  a  house,  or  such  other 
background  as  suited  the  play.    This  screen  was 
'the  irpoffieliifloy — ^that  which  masked  the  ffKnvi^. 
In  the  matured  theatre  the  term  was  retained, 
^though  its  primitive  sense  may  have  been  for- 
gotten.  The  ^  proscenium  "  was  the  background 
-visible  to  the  audience,  whether  this  was  a  tem-y 
porary  wooden  structure,  or,  as  in  later  times,  a 
permanent  wall.    Then  tricnv^  came  to  denote 
that  part  of  the  theatre  which  belonged  to  the 
actors,   as  distinguished   from    opxh^f^f^    the 
place  of  the  Chorus.     Thus  the  Ko^yu6si  a  lyric 
^lialogue  between  Chorus  and  actor,  is  defined  by 
Aristotle  as  Oprivos  Koivhs  X'^P'*^  '^^^  ^'^  <rKi}i^r 
•(Poet.  12):  and  he  uses  the  phrase  M  cmiyris 
where  we  should  say,  *^  on  the  stage  "  (ib,  24). 

The  oldest  theatre  of  which  we  have  any 
knowledge  is  the  Dionysiac  theatre  at  Athena. 
St  has  generally  been  supposed  that  a  permanent 
stone  theatre  existed  in  the  A^rcuov,  or  precinct 
of  Dionysus,  from  the  early  years  of  the  5th 
cent.  B.a  This  belief  rested  on  a  parage  in 
Suidas  (a.  v.  Uparlvas).  He  states  that  "  in  the 
70th  Olympiad  "  (500-496  B.C.)  Pi-atinas  was 
•exhibiting  tragedy,  in  competition  with  Choe- 
rilus  and  Aeschylus,  when  '*  the  wooden  benches 
(iKpia)  on  which  the  spectators  were  standing 
liappened  to  fall ;  and,  in  consequence  of  this  {ix 
•To^Mr),  a  theatre  was  built."  But  the  history 
of  the  Dionysiac  theatre  has  been  placed  in  a 
new  light  by  the  recent  researches  of  the  Ger- 
man Archaeological  Institute  at  Athens.  The 
•excavations,  begun  in  1886,  have  yielded  the 
following  results,  according  to  Dr.  W.  DOrpfeld: 
— (1)  In  the  5th  cent.  B.C.,  and  down  to  about 
330  B.C.,  the  precinct  eontAined  no  permanent 
l.)uilding  for  scenic  purposes.  There  were  in  it 
two  temples  of  Dionysus  (Fig.  1,  D^  Ey,  both  to 
the  south  of  the  present  theatre.  The  older  of 
these  (2?),  which  was  the  more  northerly,  dated 
from  a  time  before  Peisistratus.  Close  to  it,  on 
"the  N.E.,  was  a  circular  dpxflffrpoy  about  78  feet 
in  diameter,  of  which  traces  have  been  found 
<«mder  the  buildings  erected  by  Lycurgns.  This 
opx^orpa  was  then  the  only  permanent  provision 
for  drama.  All  scenery,  therefore,  was  tempo- 
rary ;  and  the  spectators  sat  on  wooden  benches. 
It  is  observed  that  Andocides,  in  the  speech  on 
the  Mysteries  (399  B.C.),  speaks  of  the  conspira- 
tors whom  he  observed  within  the  precinct  of 
Dionysus  as  &ir^  rod  i^Ztlov  Karaficuyotfras  cIs 
T^y  6pxifrrpay,  not  ci;  rh  94arpov  (§  38) :  and 
the  latter  woiti,  when  used  by  Aristophanes, 
always  means  "  the  spectators.'*  (2)  The  first 
permanent  building  for  drama  in  the  ti'fiwmov 
was  that  completed  by  Lycurgus,  about  330  B.C. 
It  consisted  of  a  stone  wall  with  two  small 
wings,  like  towers,  projecting  from  it  on  right 
nnd  left  (^,  A)  ;  the  length  of  the  wall  between 
them  was  about  65  ft.  7  in.  The  temporary 
decorations  (of  wood,  with  linen  hangings)  were 
erected  in  front  of  this  wall,  and  supported  by 
the  wings.  Behind  the  wall  was  an  oblong 
room,  extending  somewhat  beyond  the  wings, 
and  serving  for  the  use  of  the  actors.  A  portico 
(C,  C),  opening  on  the  precinct  of  Dionysus,  ran 
along  the  south  side  of  it.  The  new  orchestra 
was  to  the  north  of  this  building.  Dr.  Dorpfeld 
«npposea  that  it  formed,  like  the  older  one,  a 


complete  circle,  and  that  there  was  no  raised 
stage ;  the  actors  stood  on  the  same  level  with 
the  Chorus,     ^ows  of  stone  seats  for  the  spec- 
tators  were  now  constructed.     After  the  time  of 
LycurguB  no  change,  except  of  detail,  took  place 
in  the  auditorium.     (3)  At  some  later  date, 
which    cannot    be    fixed,    t    permanent  stone 
proscenium   (B),   adorned  with   columns,  and 
about  10  or  12  ft.  high,  was  built  in  front  of 
the  wall  with  projecting  wings  which  Lycurgns 
had  erected.     As  the  wings  no  longer  served  a 
practical  purpose  (in  supporting  the  temporary 
scenery),  they  were  annexed   to   the  new  pro- 
scenium, a  part  being  cut  off  the  front  of  each, 
so  as  to  bring  them  more  nearly  into  line  with 
it.     (4)  An  architrave-inscription  found  in  the 
theatre  shows  that  it  was   modified  and  em- 
bellished in  the  reign  of  *'  Claudius,"  by  whom 
Nero  seems  to  be  meant.    It  was   probably  at 
•this  time  that  the  orchestra  received  its  present 
pavement  of  pentelic  and  Hymettos  marble ;  the 
significance  of  the  diamond-shaped  figure  traced 
in  the  centre  is  uncertain.    To  this  period  also 
is  referred  the  erection  of  a  raised  stage,  sup- 
ported in  front  by  a  sculptured  wall.     (5)  The 
latest  recorded  changes  in  the  Dionysiac  theatre 
are    associated   with   the    name    of   a   certain 
Phaedrus,  and  took  place  probably  in  the  Srd 
c«nt.  (C.  /.  A.  iii.  239).     To  these  belong  the 
existing  front  wall  of  the  stage,  adorned  with 
sculpture  of  an  earlier  period  ;  also  the  balos- 
trade  which  now  separates  the  auditorium  from 
the  orchestra,  and  the  partial  covering  of  the 
orchestra-canal  with  marble  fiags. 

It  is  maintained  by  Dr.  D5rpfeld  that,  not 
only  in  the  Dionysiac  theatre,  but  in  all  theatres 
of  the  Greek  type,  the  actors  stood  on  the  same 
level  with  the  Chorus ;  a  stage  raised  above  the 
orchestra  was  a  Roman  invention ;  and  where 
such  a  stage  occurs  in  a  theatre  of  Greek  origin, 
it  is  a  later  addition,  made  under  Roman  in- 
fluence. The  Roman  raised  stage,  he  thinks, 
was  developed,  when  a  Chorus  was  no  longer 
used,  by  depressing  the  level  of  the  circular 
orchestra  in  that  part  of  it — the  part  furthest 
from  the  actors — where  the  Chorus  fonnerly 
stood.  This  startling  theory  is  based  chiefly  on 
the  nature  of  the  proscenium  as  it  appears  in 
the  remains  of  some  Greek  theatres.  The  theatre 
of  Epidaurua  (Fig.  2),  built  about  the  middle 
of  the  4th  century  B.C.,  is  the  best-preserved 
example  of  the  Greek  type;  excavations  have 
lately  been  made  in  it  by  the  Greek  Archaeo- 
logical Society  (1883). 

The  orchestra  forms  a  complete  drde,  defined 
by  a  ring  of  flat  stones.  Beyond  this  drde,  on 
the  aide  furthest  from  the  audience,  are  remains 
of  a  wall,  about  12ft.  high,  adorned  with  Ionic 
half-columns,  and  flanked  by  slightly  projectbg 
wings ;  there  was  one  door  in  it,  at  the  middle 
point.  This  wall  must  have  been  either  the 
background  of  the  scene,  or  the  front  of  a  raised 
stage.  It  is  argued  that  it  must  have  been  the 
badcground,  b^use  (a)  12  ft.  would  be  too 
great  a  height  for  a  stage ;  (()  the  width  of  the 
stage — about  8  ft. — would  have  been  toe  email ; 
(c)  there  is  no  trace  of  steps  leading  from  the 
top  of  the  wall  to  the  orchestra.  A  similar  wall 
occurs  in  the  theatre  at  Oropns,  and  is  iden- 
tified as  the  Tpo^xfynow  by  an  inscription  which 
it  bears.  The  theatre  in  the  Peiraeus  aflbids 
another  example. 


THEATRUM 


813; 


On  tb«  other  haDil,  >e«cr*t  coniiderMions  tell 
JD  fHTOur  at  the  reteired  view,  that  Greek  octDra, 
at  eteiy  period,  had  a  raised  sUge,  (1)  The 
itatemeDt  of  the  »rchi(eet  Vitriiriui,  who  itroto 
abont  20  4.D,,  is  deciaive,  lo  fnr  o>  the  Romiin 
period  ia  concerned.  He  stntei  that  the  Greek 
theatre  had  a  raistd  stage,  about  10  or  12  fl. 
high,    but    narrower    thao    the 


Greek; 


called  it  \a7t<c 


vi  protcaeniinn  to  describe  this  itnge; 
and  the  i^nme  use  of  the  term  occun  m  other 
writcn,  both  Roman' and  Greek  (cf.  A.  Miiller, 
Or.  Bahnenaltcrthamer,  p.  54,  n.  2).  Dr.  DBrp- 
feld  n  therefore  redn<^e<l  to  auuming  that  Vitru- 
liui  haa  made  a  miitalte, — confming  the  back- 
ground of  the  «cene  in  a  Greek  theatre  with  the 
front  of  a  raided  atige.  Bat  it  is  absurd  to  sup- 
pose that  VitruTiui  ahould  hare  made  mch  a 
blunder  about  the  Greek  theatres  of  hia  ownda^  ; 
and  that,  luirintf  accurately  described  s  mised 


stnge  which  did  not  eiiit,  h«  should  also  have 
invented  a  name  Tor  it,  AayeTar.  (2)  The  theatre- 
at  Megalopolis  in  Arcadia  has  joit  been  eica- 
rated  by  members  of  the  British  School  at 
Athens  (see  an  account  bj  Mr.  W,  Loring  in  tho- 
SepoH  of  the  School  for  1890).  The  date  of 
the  theatre  tnaf  be  placed  in  iha  second  half 
of  the  4th  ceutur;  B.C.  Here  there  is  a  raised 
stage,  of  which  the  height  was  originallj  about 
6  ft.,  and  the  width  about  18  It.  A  flight  of 
steps,  extending  from  cnJ  to  end  of  it,  led  dawn 
to  the  orchestra.  That  it  was  n  stage,  and  not 
a  backgrouad,  is  proved  (a)  by  these  steps,  Qjy 
b;-  the  fact  that  acceai  was  given  to  it  bj  three 
doors  in  the  wnll  behind  it.  There  is  no  reason, 
to  doabt  that  this  stage  is  of  the  same  date  as 
the  aaditorium.  A  later  Boman  stage  bas  been, 
found  in  front  of  It.  B;  this  example,  then,  thv 
eiiitence  of  a  raised  stage  in  a  Greek  thcltrp 
of  tho  4lh  century  r.C.  is  placed  beyond  doubt- 


Fig.  I.  Thestie  at  Epidaurua, 


<3)  With  regard  to  the  jth  centnry  B.C.,  It 
»aa  not  to  be  eipected  that  any  remains  of  a 
raised  stage  ihould  be  foUDd  ;  temporary  wooden 
structures  would  leave  no  trace.  The  Greek 
plays  do  not  supply  any  litemry  evidence  which 
can  be  deeoied  coni:luaive.  There  are  some  pas- 
sages which  indicate  that  the  place  where  the 
acIoTt  stood  was  accessible  to  the  Chorus  (e.g. 
Soph.  Oed.  Cot.  83G  fl".)  i—as  would  be  the  case, 
if  we  supposed  a  stage  with  steps  leading  up 
to  it,  as  at  Megalopolis.  Among  the  passages 
which  seem  to  imply  a  raised  stnge,  we  may 
notice  Ar.  Vtip.  1514,  where  Philocleon  says, 
irip  KHTa£aTiiir  f'  <!V  ofrroiii.  This  may, 
indeed,  be  rendered,  "  I  must  mter  the  lisii 
against  them;"  but  it  also  implies  some 
i£ange  of  position,  more  marked  than  such  aa 
would  i«naist  in  moving  merely  from  one  spot 
in  the  orchestra  to  another,  and  would  be  most 
naturally  eiplained  by  a  descent  into  the  or- 
ehestra  from  the  stage.    Some  Taa««  of  Lower 


Italy,  rererable  to  the  period  300-100  B.C., 
depict  scenes  from  the  Old  Attic  Comedy  acted 
on  a  raised  Aoyeisi'  (cf.  Baumeister,  Denial. 
pp.  1750  ff.).  Plato  (Syiap.  p.  194  A)  speaks  of 
the  tragic  poet  Agathon  as  ^aAifrorroI  ^1 
iKplOmn  iirri  Tar  Imipiriw,  This  probably 
refers,  not  to  a  performance  in  the  theatre, 
bot  to  the  irpiKl7«i>  (Traqoedta  :  cf.  A.  Miillerv 
p.  365,  n.  3).  Still,  it  ahows  that  the  idea  of 
placing  actors  on  a  raised  platform  was  familiar 
to  Athenians  of  the  5th  eentnrr  D.C.  Even  in 
the  days  before  Thespis,  when  'one  member  of 
the  Chorus  held  a  dialogue  with  the  rest,  he 
was  mounted,  we  are  told,  on  a  kind  of  table 
{i\tis:  FoUui,  iv.  12:1),  A  recent  writer 
suggests  that  the  source  of  this  story  may  have 
been  a  Comedy  in  which  the  beginnings  of 
Tragedy  were  burlesqued  (Hiller,  Rh^m.  Mtueum, 
mil.  p.  329).  If  this  were  so,  it  would  only 
show  that  some  sort  of  raised  stnge  waa  con- 
ceived aa  necessary  for  even  the  moit  primitive- 


814 


THEATBUM 


THEATBUM 


form  of  drama.  Lastly,  there  is  a  strong  a 
priori  objection  to  the  theory  that  actors  and 
Chorus  stood  on  the  same  level.  The  Chorus 
were  usually  drawn  up  in  ranks  facing  the 
actors.  With  his  cothurnus  and  mask,  a  tragic 
actor  would  still  not  overtop  the  Chorus  by 
more  than  a  head.  Hence,  a  view  of  the  actors 
would  have  almost  been  wholly  denied  to  spec- 
tators whose  seats  were  in  the  middle  part  of  the 
lowest  row.  But  those  were  the  seats  assigned 
to  the  most  distinguished  persons.  This  argu- 
ment cannot  be  met  by  saying,  as  Dr.  DOrpfeld 
does,  that  the  Chorus  was  *' usually"  divided 
into  ^lux^puL  (leaving  the  actors  visible  between 
the  two  groups).  Such  an  arrangement  was  not 
usual,  but  very  exceptional.  It  may  be  allowed 
that,  when  the  stage  came  to  be  as  high  as  12  ft., 
permanent  means  of  communication  between 
stage  and  orchestra  cannot  have  existed,  though 
temporary  wooden  steps  might  be  employed  at 
need.  But  before  stages  of  that  height  came 
into  use,  such  communication  had  censed  to  be 


requisite,  since  the  Chorus  had  no  longer  an 
active  psdt  in  drama. 

Vitruvius  gives  the  ground-plan  of  a  Greek 
theatre  as  follows.  D^cribe  a  circle  for  the 
orchestra,  and  in  it  inscribe  three  squares.  One 
side  of  one  of  these  squares  will  represent  the 
front  line  of  the  stage  (a  b).  A  parallel  tangent 
to  the  circle  will  be  the  back  wall  of  the  stage 
(C  D).  The  stage  (jpuipiUun,  Koyttw)  must  be 
not  less  than  10,  or  more  than  12  feet  high. 
Next,  parallel  with  A  B,  draw  a  diameter  of  the 
circle,  E  F.  It  will  be  seen  in  the  diagram  that 
at  B  and  F  the  semicircle  is  so  continued  as  to 
make  a  horse-shoe,  ending  at  o  H.  The  cnrr^ 
which  thus  continue  it  are  segmoits  of  circles 
described  from  E  and  F  as  respective  centres, 
with  B  F  as  radius.  This  is  known  is  ''the 
construction  from  three  centres,"  viz.,  K,  F,  tad 
the  centre  of  the  orchestra.  The  auditorium  b 
shut  in  by  lines  which  bisect  the  right  angles 
at  I  and  K.  The  space  between  a  H  and  c  D  is  a 
raisetl  stage. 


Fig.  S.  Greek  Thestn  of  Yttrnviaa. 


The  4th  century  B.a  was  the  period  at  which 
-stone  theatres  became  usual  in  Greece.  We  may 
now  proceed  to  consider  their  characteristics 
•more  in  detail. 

I%e  ipxA^^P"^ — ^^  ^^^  ^^^  '^°  ^^^^>  ^^^^ 
in  the  matured  theatre,  the  **  dancing-plaoe  "  was 
still  a  complete  circle,  as  in  the  old  days  of  the 
cyclic  choruses.  Its  central  point  was  sometimes 
marked,  either  by  a  small  pit  (as  at  the 
Peiraeus),  or  by  a  stone  (as  at  £pidaurus). 
Such  marks  probably  indicate  the  spot  on  which 
the  altar  of  Dionysus  was  to  be  placed.  The 
word  Bv/UKtIj  '*  a  place  of  sacrifice,"  means  in 
dassical  poetry  either  '^a  shrine,"  or,  more 
specifically,  **an  altar."  Lexicographers  and 
scholiasts  often  mention  a  Bvfi4k7i  in  ponnexion 
with  the  theatre ;  but  they  do  not  agree  as  to 
what  it  was,  nor  do  they  furnish  any  certain 
<:lue.-  The  most  probable  conclusion  is  that  the 
BvfiiKn  was  the  altar  of  Dionysus,  in  the  centre 
of  the  orchestra.  Another  view  is  that  the  name 
Bufi4K7i  was  transferred  from  the  altar  to  a 
platform  in  the  orchestra  on  which  the  altar  was 
placed,  and  that  this  platform  was  the  station 


of  the  Chorus, — connected  by  steps  with  the 
lower  level  of  the  orchestra  (Kotrlorpa)  and  with 
the  higher  level  of  the  stage  (Xjryttow).  It 
is  true  that  the  use  of  $vfi4Kii  to  denote  a 
kind  of  stage  was  current  in  later  times,  when 
thymelicif  ^music-hall  artists,"  were  distin* 
guished  from  actors  proper  (Isidore,  Orig.  xviii. 
47).  But  this  use  arose  under  Soman  tnflueaeei, 
and  cannot  be  assumed  for  the  Gi«ece  of  the 
5th  or  4th  century  B.a  A  channel,  to  carry  off 
rain-water,  often  surrounded  the  orchestrs,  being 
bridged  by  stones  at  the  points  from  whkh  the 
stairways  led  up  to  the  seats. 

Tha  Auditorium. — In  de&ult  of  a  special  tenn 
like  caceoj  this  is  sometimes  called  9i»f09\ 
though  that  word,  when  it  does  not  mean  the 
whole  building,  more  often  denotes  the  spectaton 
^  we  speak  of  *'the  bouse").  In  the  older 
Greek  theatres  the  public  entered  by  the  side- 
passages  (irdfwSoi)  between  the  pXMceniom  and 
the  orchestra, — ^the  same  which  the  Chorus  used. 
Sometimes,  indeed,  we  find  an  alternative  mode 
of  access,  vix.  by  a  path  traversing  high  ground, 
and  leading  directly  to  one  of  the  upper  tiers: 


TUEATBUM 

this  was  the  case  at  Athens,  but  it  was  excep- 
tional. A  crowd  entering  by  the  wdpoSoi  would 
find  the  pressure  greatest  at  the  mouths  of  the 
semidrcnlar  passage  between  the  orchestra  and 
the  lowest  row  of  seats, — ^before  the  spectators 
had  distributed  themselires  to  the  sereral  parts  of 
the  house.  This  fact  helps  to  explain  a  pecn- 
liarity  of  construction.  The  lowest  row  of  seats 
as  not,  as  a  rule,  completely  concentric  with  the 
orchestra,  but  is  usually  so  contriyed  as  to  leave 
a  wider  space  at  the  points  just  mentioned.  A 
further  advantage  of  this  arrangement  was  that 
it  afforded  a  better  view  to  those  who  sat  at  each 
end  of  the  semicircle. 

Flights  of  steps  ascending  from  the  orchestra 
to  the  highest  tier  of  seats  dirided  the  audi- 
torium into  wedge-like  segments.  The  Greek 
word  for  such  a  segment  was  mpK^r,  which 
properly  meant  '*  radius ; "  the  Latin  term  was 
ameu8.i  A  further  division  into  npper  and  lower 
zones  was  effected  by  passages  called  Zta(iAfiarat 
'*  girdles  "  {pra&oinctwnes),  which  ran  completely 
round  the  semicircle.  At  Epidaums  there  is 
only  one  9id(t»futf  which  is  not  half-way  be- 
tween the  lowest  and  highest  tier,  but  nearer 
to  the  latter ;  and,  while  the  lower  zone  (be- 
tween the  9td(wfUL  and  the  orchestra)  is  divided 
into  only  twelve  jccpicfScr,  the  upper  contains 
twenty-two.  At  Athens  only  one  9id(mfUL  can 
now  be  traced,  but  there  may  have  been  another : 
the  number  of  jctpicidcf  is  thirteen.  The  word 
^id(iffUL  can  denote,  not  only  the  passage  itself, 
bat  the  zone  which  it  marks  off:  thus  "the 
eleventh  row  in  the  upper  zone  *'  is  expressed  by 
rh  kMnerop  rov  i^vripov  9ta(AftaTos  fidBpor 
<(7.  7.  G,  4283).  (Ami  is  also  used  in  that  sense. 
Above  the  highest  tier,  another  open  passage  ran 
round  the  house.  The  term  licpia  properly 
denoted  the  wooden  benches  on  which,  in  the 
earlier  times,  the  spectators  sat  (cf.  Ar.  Ach, 
24  f. :  iKTriownai . . .  we p2  irpArov  ( Jxov).  When 
stone  seats  were  introduced, — which  at  Athens 
does  not  appear  to  have  occarred  before  the  time 
of  Lycorgus  (c.  330  S.G.X — •Qch  seats  were 
founded,  where  it  was  possible,  on  the  natural 
rock  of  the  slope.  At  Athens,  as  at  Megalopolis, 
artificial  snbstructions  were  required  in  several 
parts,  and  this  must  almost  everywhere  have 
been  the  case,  more  or  less.  The  material  used 
for  the  seats  varied  much.  Sometimes  it  is  marble, 
as  at  lusus  in  Caria  and  Perga  in  Pamphylia ; 
at  Athens  and  in  the  Peiraeus,  it  is  (for  the 
ordtnanr  seats)  a  white  limestone,  finely  wrought ; 
while  the  smadler  provincial  theatres  were  often 
content  with  coarser  stone  and  workmanship. 
The  tiers  of  seats  were  called  fii9pa  or  iufttfioBucL 
At  Athens  the  space  allotted  to  one  person  was 
todicated  merely  by  a  line  engraved  on  the  stone 
(as  at  Sparta  by  a  groove):  it  is  described  as 
<3pa,  T^vox,  X^P**  X'^^^y  ^^  simply  Bia  (04mp 
iyopd(€»,  KaraKoftfiidi^uf)* 

The  privilege  of  wpo^pta  in  the  theatre  was 
given  chiefly  to  four  classes  of  persons:  (1)  certain 
priests  and  priestesses,  among  whom  the  priest  of 
Dionysus  was  foremost :  (2)  certain  magistrates : 
(3)  foreigners  who  were  honoured  in  an  official 
<^haracter,  as  wpiv^us  or  Btmpoi :  (4)  citizens  or 
foreigners  who  were  honoured  in  their  personal 
capacity,  as  benefactors  of  the  state.  For  such 
P^ns  special  seats  were  provided,  like  arm- 
chairs, called  $p6poi  or  itMlpau  At  Athens 
these  chairiy  made  of  Pentelic  marble,  occupy 


THEATBUM 


815 


the  whole  of  the  lowest  row,  while  others  are 
placed  in  different  parts  of  the  house,  though  in  no 
case  higher  up  than  the  twenty-fourth  row ;  those 
assigned  to  priests  or  officials  bear  their  titles ; 
thus  the  central  chair  of  the  semicircle  is  in- 
scribed, lEPEOZ  AIONYZOY  EAEY0E- 
PEOZ.  According,  to  one  recent  view,  the 
chairs  in  the  lowest  row  date  from  the  time  of 
Lycurgus ;  it  has  more  generally  been  supposed 
that  all  these  chairs  are  of  the  Roman  age, — as 
all  the  present  inscriptions  certainly  are.  At 
Epidaurus  several  rows  of  seats  with  backs  and 
arms  were  assigned  to  those  who  enjoyed 
wp9^pia.  Elaborate  ornament  was  often 
applied  to  such  chairs; — the  feet  being  shaped 
like  lion's  claws, — ^the  front  or  back  carved  with 
mythical  subjects  in  relief,  etc 

The  acoustic  properties  of  a  Greek  theatre 
would  be  naturally  good,  since  the  actors  had  a 
high  wall  behind  them  and  a  rising  slope  in  front. 
Vitrnvius,  indeed,  says  that  artificial  aid  was 
sought  from  ^  brazen  vessels,"  '*  which  the  Greeks 
call  4x*<^"  ^  placed  in  the  auditorium  as  to  re- 
verberate the  voices  of  the  actors.  He  even  speaks 
of  these  ^  resonators  "  as  being  nicely  adapted  to 
the  required  musical  pitch  (iL  1, 9).  The  theatre 
at  Aizani  in  Cilicia  has  a  series  of  niches  above 
the  Zidi^iuL :  and  similar  niches  exist  elsewhere. 
According  to  one  view,  these  niches  held  the 
^X*<A,  while  another  connects  them  merely  with 
the  substructions  of  seats.  The  statement  of 
Vitruvius  leaves  no  doubt  that  Mx*^  ^^^  ^ui^^ 
at  least  sometimes,  in  the  theatres  of  his  own 
day :  but  it  remains  nncertain  whether  such  a 
device  was  employed  by  the  Greeks  of  an  earlier 
time. 

The  outer  wall  enclosing  the  auditorium 
ordinarily  followed  the  curve  of  the  semicircle, 
unless  the  nature  of  the  ground  caused  some 
deviation.  At  Athens  the  auditorium  was  partly 
bounded  on  the  K.  by  the  steep  rock  of  the 
Acropolis,  while  the  rest  of  its  boundary  was 
formed  by  strong  walls  of  conglomerate.  Where 
the  external  appearance  of  these  walls  became 
important,  viz.  in  the  S.  and  S.W.  portions,  they 
were  cased  with  finely-wrought  limestone.  The 
general  outline  at  Athens  was  that  of  a  large 
segment  of  a  circle,  described  from  a  centre 
considerably  N.  of  the  point  which  served  as 
centre  of  the  orchestra :  for  a  small  distance  at 
the  S.W.  comer  the  carve  passed  into  a  straight 
line.  Examples  also  occur  in  which  the  walls 
enclosing  the  auditorium  were  rectangular,  as 
at  Cnidus,  and  in  the  smaller  theatre  at  Pompeii. 
The  walls  flanking  the  seats  at  each  end  of  the 
semicircle  were  either  carried  in  a  single  sloping 
line  from  the  topmost  tier  to  the  orchestra,  or 
built  in  a  series  of  steps  corresponding  with  the 
tiers.  In  the  best  Greek  period  such  walls  were 
not  exactly  parallel  with  the  line  of  the  pro- 
scenium, but  started  inwards  a  little,  towards 
the  centre  of  the  orchestra.  This  was  the  case  at 
Athens  and  at  Epidaurus. 

Scenic  Decoration. — ^The  testimonies  on  this 
subject  are  of  two  classes.  (1)  Notices  in  writers 
chiefly  belonging  to  the  Roman  age,  especially 
lexicographers  and  scholiasts.  Among  these  the 
most  important  is  the  granmarian  Julius  Pollux 
(jlor,  170  A.D.X  in  his  Onomaatioon,  book  iv., 
sections  128-132  (wept  imoKpvr&w  ^jrcvqr).  As 
has  lately  been  shown  by  Rohde  {De  Inlii 
PoUncu  m  apparatu  ioaemco  enarranth  fontitmy 


816 


THEATRUM 


THEATRUM 


Leipsic,  1870),  the  source  principally  used  by 
Pollux  was  a  work  by  Juba,  a  writer  of  the 
later  Alexandrian  age,  entitled  B^arpiieii  Iffropia, 
in  at  least  seventeen  books ;  while  Juba,  in  his 
turn,  had  sources  going  back  to  Aristophanes  of 
Byzantium  (200  B.C.^  but  not  further.  The 
besetting  fault  of  Pollux,  in  abridging  from  this 
ample  material,  seems  to  hare  been  an  omission 
to  distinguish  between  the  normal  and  the  occa- 
sional resources  of  the  stage.  (2)  The  second 
kind  of  evidence  is  that  derived  from  the  Greek 
dramatic  texts  themselves.  This  source,  scanty 
as  it  is,  is  the  principal  one  on  which  we  have 
to  rely  in  regard  to  the  practice  of  the  5th  and 
4th  centuries  B.C.  Not  long  ago  it  was  the 
custom  to  treat  the  notices  in  Pollux  and  the 
other  late  authorities  as  if  they  could  be  applied 
tvithout  reserve  to  the  great  age  of  Athenian 
Tragedy  and  Comedy.  A  more  critical  study  has 
shown  the  need  of  greater  caution  in  this  respect. 
It  is  not  difficult  to  suppose  that,  when  dramatic 
poetry  had  culminated,  the  art  of  scenic  decora* 
tion  may  still  have  been  very  rude,  while  it  is 
probable  that  much  of  the  apparatus  described 
by  late  writers  had  its  origin  under  the  Diadochi 
or  the  Empire.  The  history  of  our  own  stage 
could  show  a  similar  course,  from  the  triumphs 
of  poetry  to  those  of  mechanism. 

In  the  extant  plays  of  Aeschylus,  Sophocles, 
Euripides,  and  Aristophanes,  the  action  most 
often  takes  place  in  front  of  a  house,  with 
a  "  practicable  "  door  ;  sometimes  in  front  of  a 
temple,  a  cottage,  a  tent,  a  cave,  or  a  rock. 
Painted  linen  hangings,  erected  on  a  wooden 
frame,  would  have  sufficed  for  such  a  background. 
Aristotle,  in  sketching  the  growth  of  Tragedy, 
says  that  Aeschylus  added  the  second  actor,  and 
made  the  dialogue  predominate  over  the  choral 
part,  while  Sophocles  introduced  the  third  actor 
and  the  use  of  scene-painting  (amivoypa/^itC). 
Now,  this  last  fact  must  have  stood  out  clearly 
in  Athenian  tradition,  which  Aristotle  had  every 
means  of  knowing,  when  he  thus  coupled  it  with 
the  other  novelty  as  an  invention  distinctive  of 
Sophocles.  It  is  usually  assumed,  even  by  recent 
writers,  that  Aristotle  is  here  irreconcilable  with 
Vitruvius,  who  ascribes  the  introduction  of 
scene-painting  to  Aeschylus.  Such  an  assump- 
tion is  not,  we  think,  necessary.  The  words  of 
Vitruvius  (vii. |>rae/.  11)  are:  ** primum  Agath- 
archus  Athenis,  Aeschylo  dooente  tragoediam, 
scaenam  fecit  et  de  ea  commentnrium  reliquit : " 
and  he  then  goes  on  to  say  how  the  stimulus 
given  by  Agatharchus  led  Democritus  and 
Anaxagoras  to  develop  principles  of  penpective. 
The  phrase,  ''while  Aeschylus  was  exhibiting 
tragedy,"  merely  describes  Aeschylus  as  con- 
temporary with  the  innovation.  Sophocles  first 
exhibited  in  468  B.C.,  twelve  years  before  the 
death  of  Aeschylus.  Aristotle  and  Vitruvius 
are  reconciled  if  we  suppose  that  Sophocles 
introduced  (ricritfoypeupia  in  the  early  days  of  his 
career ;  a  fact  which  will  also  help  us  to  under- 
stand why  that  improvement  was  peculiarly 
associated  with  his  name.  Even  before  Agath- 
archus had  made  a  beginning  of  artistic  aKtiwth 
ypa^loy  some  ruder  kind  of  drawing  may  have 
been  used.  Thus  in  the  Persae  of  Aeschylus 
(472  B.C.)  the  palace  was  probably  indicated. 
In  the  Ion  of  Euripides  (arc,  421  B.C.),  where 
the  scene  is  laid  at  Delphi,  the  Chorus  of 
Athenian  maidens  point  with  admiration  to  the 


sculptures  which  adorn  the  front  of  the  temple. 
We  may  suppose  that  some  representation  of 
these,  though  not  perhaps  a  very  elaborate  one, 
appeared  on  the  proscenium. 

With  regard  to  ** massive"  deooration,  &» 
distinguish^  from  a  painted  background,  the 
objects  required  by  the  texts  are  simple,  sack 
as  altars,  statues  of  gods  or  heroes,  rocks,  and 
seats.  But  the  texts  further  prove  that  certain 
mechanical  appliances  were  available  at  need. 
(1)  The  ^KK^xXfifut  was  a  small  movable  stage 
on  wheels,  which  could  be  rolled  forward 
through  the  door  in  the  proscenium.  Ther^ 
was  room  on  it  for  three  or  four  persons,  snd 
it  was  low  enough  to  allow  of  an  actor  stepping 
off  it  with  ease.  The  most  frequent  use  of 
the  ^KKvKKrifid  was  when  the  corpse  of  a 
person  slain  within  the  house  was  to  be> 
shown  to  the  audience, — sometimes  with  the 
murderer  standing  beside  iL  The  moment  at 
which  the  4Kic{Hc\rifM  was  pushed  forward  is 
often,  though  not  always,  marked  in  the  text  hj 
a  reference  to  the  opening  of  the  door.  Ex- 
amples are: — in  Aesch.  it/.,  Clytaemoestra  is 
thu»  shown  standing  by  the  oorpses  of  Agamem- 
non and  Cassandra;  in  Cho.,  Orestes  with  the 
corpses  of  Aegisthus  and  Clytaemnestra :  in  Soph. 
J^/.,  Orestes  and  Pylades  with  the  corpse  of  Clj- 
taemnestra;  in  Antf  the  corpse  of  Eniydice:  in 
Eur.  Jferc,  Furent,  Heracles  with  the  corpses  of 
his  wife  and  children  ;  in  Jlippol.,  the  corpse  nf 
Phaedra,  But  this  was  not  the  only  case  in 
which  the  appliance  was  used :  it  oould  also  be> 
employed  for  any  tableau  in  the  interior  of  a 
house.  Thus  in  Aesch.  Hum.  the  Pythia  speaks 
the  prologue  in  front  of  the  temple,  and  then  the 
iKKVKXfffia  is  used  to  show  Orestes  at  the 
omphalos  within.  Similarly  in  Soph.  AL,  when 
Tecmessa  opens  the  tent,  this  machine  serves  to 
display  Ajax  prostrate  amid  the  slaughtered 
cattle.  As  appears  from  some  passages,  the 
iKK^KXiifta  could  be  pushed  far  enough  forward 
to  admit  of  an  actor  entering,  or  making  bi<^ 
exit,  at  the  door  behind  it.  It  should  be  noted 
that  the  use  of  the  4iacvK\iifjia  is  not  merely  an 
inference  from  later  writers  and  from  hints  in 
Tragedy,  but  is  proved  by  the  two  parodies  in 
Aristophanes,  where  Euripides  and  Agathon  are 
wheeled  out,  and  are  then  once  more  withdrawn 
from  view  (Ach.  408  ff.,  ^irjrvicA^HM''  •  •  •  ^««*" 
Kkfiao/xai:  JTiesm.  265,  ^tncvieXii^imt),  The 
exact  nature  of  the  4^Airrpa  is  uncertain,  but  it 
was  evidently  akm  to  the  iKK^KKtifna,  differing 
from  it,  possibly,  only  in  the  mode  of  propulsioD. 
(3)  Machinery  for  showing  persons  ia  the  air 
was  required  by  the  appearances  of  the  gods, 
and  in  some  other  cases, — as  when  Medea  is  seen 
above  the  palace  in  the  chariot  given  to  her  b^ 
the  Sun  (Eur.  Med,  1319),  or  when  Trygaeus 
soars  aloft  on  his  beetle  (Aristoph.  Pax,  80). 
Two  different  contrivances  seem  to  have  been 
used :  both  were,  of  course,  concealed  by  the 
proscenium.  One  was  an  apparatus  worked  bj 
a  wheel  (rpoxhs)  and  ropes  (aimpat),  and  called 
al^pfflfUL, — ^which  was  used  when  the  perwm  was 
to  be  seen  gradually  rising  into  the  air,  or 
descending  from  above.  As  Trygaeus  rises  into 
the  air,  he  begs  the  operator  to  be  careful: 
2  /iiixay9wot4,  ir^<rcx€  rhy  wovyitt  4fi4  (Aristoph. 
Pax,  174).  So  in  fragment  3  of  the  J>aedalns 
the  machinist  is  thus  directed, — 6  foixomm^Ui^ 
iv^t  fio6Ku  rhr  rpo^^v  \  ixSof  ia^icdSf  X4y** 


THEATRUM 


THEATRXJM 


817 


Xaipf,  ^4yyos  ^klov.  The  other  device  was 
a  sort  of  platform,  projecting  from  the  wings  at 
the  back  of  the  proscenium,  close  to  its  upper 
•edge.  Tliis  was  the  so-called  BtoXoyuouj  used 
when  the  apparition  of  a  god  or  hero  was  to  be 
sudJaif  as  it  is  in  Soph.  PA>7.,  and  in  Eur.  L  T,y 
HeUn,f  Suppl.  The  itptfidBpa  in  which  Socrates 
is  suspended  (Aristoph.  Nub,  218)  is  a  burlesque 
•t)f  the  tragic  appliances.  (3)  Akin  to  the 
^foXaytioy  must  hare  been  the  contrivance  used 
'when  a  person  is  to  appear  on  the  roof  of  a 
Italace  (as  the  watcher  in  Aesch.  Ag. :  Antigone 
And  the  paedagogus  in  Eur.  Phain,^  etc).  A 
Avooden  platform,  high  up  behind  the  proscenium, 
•would  have  sufficed :  according  to  Pollux,  it  was 
•called  a  Zt/ffrtylcu 

These  seem  to  be  the  only  forms  of  decoration 
or  mechanism  which  can  certainly  be  inferred 
from  the  texts  of  the  tragedians  and  of  Aristo- 
phanes. They  are  all  compatible  with  a  tempo- 
rary wooden  structure,  and  with  a  comparatively 
simple  phase  of  scenic  art.  When,  in  the  course 
•of  the  4th  century  B.C.,  permanent  stone  theatres 
became  usual  in  Greek  lands,  the  general 
character  of  scenic  decoration  was  perhaps  not 
at  first  affected  thereby.  Behind  the  proscenium 
there  was  now  a  permanent  wall,  forming  the 
front  of  the  building  assigned  to  the  actors. 
But  the  proscenium  itself  probably  continued, 
for  a  time,  to  be  temporary, — a  wooden  structure, 
with  painted  hangings,  h^  the  Dionysiac  theatre, 
as  Lycurgus  left  it,  tWo  small  ^wer-like  wings 
project  from  each  end  of  the  permanent  back 
wall.  These,  it  is  conjectured,  were  designed  to 
facilitate  the  erection  of  the  wooden  proscenium. 

It  may  have  been  at  this  period  that  wtpLaieroi 
were  first  introduced.  These  were  triangular 
wooden  prisms,  revolving  on  a  pivot  (whence 
the  name),  with  scenery  painted  on  each  of  their 
three  faces.  One  wtptoutros  was  placed  at  the 
left  wing,  and  another  at  the  right.  They  took 
the  place  of  modem  side-scenes,  and  also  served 
to  indicate  changes  of  scene,  according  to  a 
regular  conventional  method.  The  wtplcueros  on 
ihe  spectator's  right  hand  represented  the 
locality  in  which  the  action  was  taking  place. 
The  wtpltucros  on  his  left  hand  represented  a 
region  outside  of  that  locality.  If,  tor  instance, 
the  scene  of  the  play  was  laid  at  Delphi,  the 
Tight- hand  w^ptateros  would  illustrate  that 
place,  while  the  other  might  represent  the  road 
leading  to  Athens.  The  same  rule  governed 
entrances  and  exits  :  a  Delphian  would  come  on 
from  the  right,  a  stranger  from  the  left.  If  the 
«cene  was  to  be  changed  from  one  spot  near 
Delphi  to  another  in  the  same  vicinity,  the  lefl- 
^and  ircp/flurror  would  be  turned  so  as  to  pi*esent 
A  new  face,  but  the  right-hand  one  would  be 
left  unaltered.  If  the  scene  was  shifted  from 
Delphi  to  Athens,  both  wcpfcucroi  would  be 
turned.  The  first  case  was  technically  a  change 
of  r6wos  I  the  second,  of  x<^a. 

There  are  only  two  Greek  plays  in  which  it  is 
necessary  to  assume  a  change  of  scene.  In  the 
JEumenidea  the  action  is  transferred  from  Delphi 
to  Athens :  in  the  Ajax,  from  the  front  of  the 
hero's  tent  to  a  lonely  place  on  the  sea-shore.  It 
is  probable  that,  in  the  first  of  these  examples, 
the  change  was  merely  symbolised,  by  substitut- 
ing the  fiphas  of  Athena  for  a  statue  of  Apollo ; 
while  the  building  painted  on  the  background 
was  identified,  first  with  the  Delphian  temple, 
vol..  u. 


and  then  with  the  Erechtheum.  In  the  second 
example,  if  the  background  was  a  landscape, 
nothing  was  required  but  to  remove  the  hangings 
which  represented  the  tent.  The  use  of  vffp/currot 
in  the  5th  century  B.a  cannot  be  proved  from 
the  dramatic  literature.  On  the  other  hand, 
they  would  have  been  found  peculiarly  convenient 
when  the  old  wooden  proscenia,  with  painted 
hangings,  were  replaced  by  stone  proscenia 
adorned  with  sculpture.  At  Epidaurus  there  is 
such  a  proscenium,  with  Ionic  half-columns, 
which  is  probably  of  a  later  date  than  the  rest 
of  the  building;  and  the  small  wings  which 
slightly  project  from  it  at  each  end  may  have 
served,  according  to  a  probable  conjecture,  for 
the  reception  of  mptaierou  In  the  DioAysiac 
theatre  a  permanent  proscenium  was  similarly 
introduced,  after  the  time  of  Lycurgus.  The 
projecting  towers  of  his  scene-building  (noticed 
above)  then  became  wings  of  the  new  structure, 
like  those  at  Epidaurus.  There  is*  no  evidence 
that,  in  addition  to  revolving  scenery,  the  Greek 
theatre  had  scenes  which  could  be  shifted  on 
grooves;  though  the  Roman  stage,  as  Servius 
tells  us,  had  both  (toaena  versilia—soama  dtictUis : 
on  Oeorg,  iiL  24). 

Entrances  for  the  adtort, — Pollux  speaks  of 
three  doors  in  the  proscenium,  the  central  one 
being  called  Blma  0affi\9totf  because  the  chief 
persons  of  the  play  used  it.  Vitruvius  confirms 
this  statement.  Ruins  of  the  Hellenistic  or 
Roman  age  show  sometimes  three  doors,  some- 
times five.  In  the  latter  case,  the  two  extreme 
doors  may  have  opened,  not  on  the  stage,  but 
on  spaces  at  either  side  of  it  (l^«^Kune^wta)y 
used  by  actors  waiting  for  their  turns,  or  by 
officials.  In  the  theatre  at  Megalopolis  (4th  cent. 
B.C.)  there  were  three  entrances  to  the  stage. 
Only  one  entrance  is  traceable  in  the  remains 
at  Epidaurus,  Zea,  and  Oropus  respectively.  It 
is  on  a  level  with  the  orchestra ;  hence  th<Me 
who  disbelieve  in  a  raised  stage  regard  it  as  the 
entrance  for  the  actors.  But  it  may  have 
passed  beneath  a  raised  stage,  serving  to  give 
the  emphy^B  of  the  theatre  a  direct  access 
to  the  orchestra.  How  many  doors  there  may 
have  been  in  the  painted  hangings  of  the  old 
wooden  proscenia,  we  cannot  tell.  The  5th 
century  texts  show  that,  besides  the  door  or 
doors  in  the  proscenium,  there  were  also  en- 
trances for  the  actors  from  the  sides,  right  and 
left. 

Pollux  says  that  when  ghosts  appeared  on  the 
scene  they  came  up  either  by  iLvcaridff/iaTa  (our 
''  trap-doors "),  or  by  the  x^^P^^^  Hkifxtucts. 
It  has  generally  been  supposed  that  these 
KKlfAOKts  led  from  the  orchestra  to  the  stage. 
This  is  the  case  at  Megalopolis,  where  the  steps 
extend  along  the  whole  front  of  the  \ayuor. 
Another  theory  is  that  they  connected  the 
stage  with  a  passage  beneath  it,  invisible  to  the 
spectators. 

No  curtain  was  used  in  the  Greek  theatre. 
When  a  play  opened  with  a  group  in  position 
(such  as  the  suppliants  in  the  Oed,  Tyr.),  the 
actors  must  have  simply  walked  on  to  the  scene, 
and  assumed  that  position.  When  one  play 
followed  another,  and  the  background  had  to  be 
changed,  that  change  took  place  before  the  eyes 
of  the  spectators.  In  such  matters  we  cannot 
judge  the  feelings  of  Athenians,  assembled  at  the 
Dionysia,  by  the  requirements  of  modem  play- 

3  o 


818 


THEATRUM 


l^EATKUM 


goei*!«.     At  Athens  dramatic  idealism  went  hand 
in  hand  with  scenic  simplicity. 

Tlie  Administration  of  the  Theatre. — ^A  Greek 
theatre  was  the  property  of  the  state,  and  the 
performances  in  it  were  acts  of  public  worship, 
under  state  control.    At  Athens,  in  the  5th  and 
4th    centuries    B.C.,  drama    accompanied    two 
Dionysiac   festirals, — the   Lenaea,   in   January, 
and  the  Great  Dionysia,  in  March.     (We  are  not 
here   concerned   with   the    Rural   Dionysia,   in 
December, — at   which,  during   this  period,  no 
91^10  pieces  seem  to  hare  been  acted.)    At  each 
festival,  both  Tragedy  and  Comedy  were  pro- 
duced ;  but  the  Lenaea  was  peculiarly  associated 
with   Comedy,   and   the    Great   Dionysia    with 
Tragedy.    There  was  a  period,  indeed,  of  some 
fifty  years,  dating  from  the  first  institution  of 
the  Great  Dionysia  (arc.  478  B.C.),  during  which 
Comedy  alone  appears  to  have  been  produced  at 
the  Lenaea.    The  cost  of  the  performances  at 
each  festival  was  defrayed  from  three  sources. 
(1)  The  theatre  was  let  by  the  state  to  a  lessee, 
who  received  the  money  paid  for  admission,  and 
in   return  undertook  certain   charges.     One  of 
these,   as  appears    from   an    eitant    document 
(C  /.  A,  ii.  573),  was  the  maintenance  of  the 
building  in  good  repair.      Hence  the   classical 
name  for  the  lessee,  kpxiriKrwv  (Dem.  de  Cor, 
§  28) :  later  writers  call  him  Btarfwinis  (Theo- 
phrastus),  or  9earpoir^\7is  (Pollux).     He  was 
also  bound  to  provide  a  certain  number  of  free 
seats  (as  for  the  persons  entitled  to  'upo§1ipia) : 
but  for  these  he  was  probably  reimbursed   by 
the  Treasury.     The  provision  of  scenery,  and  of 
costume  for  the  actors  (excepting  the  choreutae), 
appears  also  to  have  devolved  upon  the  lessee. 
He  was  certainly  charged  with  the  custody  of 
the  scenery  and  of  all  the  theatrical  dresses  and 
properties.      He    also    paid    the    cashiers,   the 
persons  who  showed  spectators  to  their  places, 
and  all  other  employe's  of  the  theatre.     (2)  The 
second  source  of  contribution  was  the  choregin. 
For  each  festival  the  Archon  £ponymus  appointed 
as  many  choregi  as  there  were  competing  poets ; 
at  the  Great  Dionysia  the  number  was  usually 
three  for  Tragedy  and  three  for  Comedy.     The 
choregi  were  chosen  from  men  nominated  by  the 
ten  Attic  tribes  in  rotation.     The  duty  of  the 
choregus  was  to  furnish  one  chorus  of  fifteen 
persons    for  Tragedy,  or    of   twenty-four    for 
Comedy.     He  provided  a  suitable  place  for  their 
training  (xofnryctoy),  and  maintained  them  till 
the  festival  was  over.     If  the  poet  did  not  train 
them    himself,  the    choregus    had    to    find    a 
XopohiJidffKakos.      He  had  also   to  supply  the 
flute-player  (abkrp'^s')  who  preceded  the  Chorus 
on  entering  or  quitting  the  orchestra,  and  played 
the  occasional  music.   He  purchased  the  costumes, 
masks,  etc.,  for  the  Chorus.     But  his  task  was 
not  finished  when  the  Chorus  was  trained  and 
equipped.      He  had  also  to  supply  any  mute 
persons  (xupit  irp6<ronra)  that  might  be  required 
for  the  piece.    (3)  The  third  contributor  was 
the   state.     When  a  poet  had  applied   to  the 
Archon   for  a  Chorus,  and  his  application  had 
been  granted,  the  Archon  next  assigned  to  him 
three  actors,  who  were  paid  by  the  state.     It 
did  not  rest  with  the  poet  to  decide  which  of 
these  three  should  be  irpwrvptvurHis,  etc. :  he 
received  them  from  the  state  already  classified 
according  to  merit,  as  actors  of  first,  second,  and 
third  parts.    This  classification  rested  ultimately 


on  special  kywvts  in  which  actors  were  directly 
tried  against  each  other,  and  which  were  distinct 
from  the  performances  at  the  festivals.  If  a 
I)oet  ever  required  a  fourth  actor  (probably  a 
very  rare  case),  he  could  only  go  to  the  choregas, 
who  might  make  an  **  extra  grant "  (Tapaxopi- 
7i7/ia)I  The  state  also  p^id  the  manhsU 
(fiaBiovxot)  who  kept  order  in  the  theatre,  and 
who  were  stationed  in  the  orchestra.  Lastlj, 
a  certain  honorarium  (distinct  from  the  fcvtiral- 
prizes)  was  paid  by  the  Tre.isury  to  each  of  thf 
competing  poets,  according  to  the  order  in  whicii 
they  were  placed  by  the  judges. 

The  character  of  the  dramatic  contests  a^ 
solemnities  conducted  by  the  state  was  »troDg]} 
marked  in  the  forms  of  procedure.  A  few  days 
before  the  Great  Dionysia,  the  ceremony  callmi 
the  irpodyvr  (**  prelude  ")  was  held  in  the  ol<: 
Odeion  near  the  Enneacrunos.  The  oom{)etiDi: 
poets,  with  their  respective  choregi,  were  thcu 
formally  presented  to  the  public  ;  the  actoi> 
and  choruses  were  also  present,  in  festal,  but 
not  in  scenic,  attire ;  and  the  titles  of  the  play'^ 
to  be  produced  at  the  approaching  festival  wen- 
ofiicially  announced.  When  the  first  day  of  tb^* 
Great  Dionysia  arrived,  the  dramatic  conte>t!> 
wei*e  preceded  by  the  transaction  of  some  pubiic 
business  in  the  theatre.  It  was  then  that  croirn^ 
of  honour  were  awarded  for  public  services,  ^ 
that  the  orphans  of  Athenians  slain  in  war  were 
presented  to  the  citizens.  In  due  course  a  pablic 
herald  summoned  the  first  on  the  li»t  of  com- 
|)eting  poets.  He  entered  the  orchestra,  attended 
by  his  choregus  and  chorus,  and  poured  a  libation 
at  the  thymele  to  Dionysus.  His  procession  then 
withdrew ;  the  orchestra  was  once  more  empty 
(until  the  Chorus  should  make  its  dramatic 
entrance)  ;  and  the  play  began.  One  prize  for 
Tragedy  and  one  for  Comedy  were  awarded  by 
ten  judges,  taken  by  lot  from  a  large  number  of 
persons  whom  the  senate  (with  the  choregi)  had 
chosen  from  the  tribes.  At  the  close  of  the  con- 
tests, five  judges  (taken  from  the  ten  by  a  second 
ballot)  announced  the  awards.  The  snccesfn) 
poets  were  then  crowned,  before  the  audience, 
by  the  archon.  Shortly  after  the  festiral,  a 
public  meeting,  for  business  connected  with  it, 
was  held  in  the  theatre.  Any  oomplsinti  of 
misconduct  which  might  have  arisen  were  then 
heard  ;  and  ofiicials  who  had  distinguished  them* 
selves  received  public  commendation. 

The  Audience. — According  to  a  recent  estimatr. 
the  Dionysiac  theatre  was  once  capable  of  seating 
about  27,500  persons.  It  must  be  remembered 
that  nil  the  upper  tiers  have  been  destroyed,  and 
that  the  ancient  capacity  was  enormously  greater 
than  it  would  appear  from  the  seats  which  stili 
exist.  Plato  was  using  round  numbers  when  he 
spoke  of ''  more  than  30,000  Greeks  "  as  pnsent 
in  the  Dionysiac  theatre  at  the  tragic  coot^t5 
{Symp.  175  £),  but  it  is  quite  conceivable 
that  the  number  was  sometimes  nearer  to  30.0<>' 
than  to  20,000.  The  vast  theatre  at  Megalnpclb 
could  hold,  according  to  one  modem  oomputation. 
no  fewer  than  44,000  persons.  Such  numberv 
become  intelligible  when  we  consider  that  the 
Greek  drama  was  essentially  a  popular  festival, 
in  which  the  entire  civic  body  was  inrited  ti* 
take  part.  Even  young  boys  were  present,  both  at 
Comedy  and  at  TragiSy.  Women  were  certainly 
present  at  Tragedy ;  and  a  fragment  of  Alexia 
shows  that,  in  the  4(h  c«nt.  B.a,  they  were 


THEATRUM 


THEATRUil 


610 


admitted  to  the  {)erronnance8  of  Comedy  also. 
This,  however,  was  the  "Middle"  Comedy — 
very  different,  in  some  respects,  from  the  ^  Old  " 
Comedy  of  Aristophanes.  It  would  be  a  natural 
inference  from  the  seclusion  in  which  Athenian 
women  lived  that  they  were  not  admitted  to  the 
Old  Comedy.  But  against  this  a  priori  argu- 
ment may  be  set  another,  —  viz.  that,  at  the 
Dionysia,  Tragedy  and  Comedy  were  merely  dif- 
ferent sides  of  one  ityd^v :  those  who  could  parti- 
cipate in  one  were  entitled  to  share  in  the  other. 
A  line  drawn  on  grounds  of  decorum  would  dis- 
sever elements  which,  in  the  Dionysiac  idea,  were 
inseparable.  There  is  no  conclusive  literary  evi- 
dence. But  one  passage  in  Aristophanes  (^Pax 
9'i4  ff.)  cannot  be  naturally  explained  except  on 
the  supposition  that  women  were  present.  An«* 
other  passage  in  the  same  play  {Pax  50  ff.) 
s{)eaks,  it  is  true,  of  males  only :  but  that  is, 
obviously,  because  the  speaker,  a  slave,  is  de- 
scribing his  }i9(nr6n^s  to  actual,  or  future,  Sco^- 
vireu.  At  Athens  the  fi4roueoi  were  admitted 
to  the  theatre.  (Their  exclusion  from  the 
Lenaea  is  not  proved  by  Aristoph.  Ach.  507  f., 
even  if  v.  508  be  sound.)  Foreigners  were  also 
admitted,  whether  officials  or  private  persons. 

In  the  earliest  days  of  Athenian  drama,  ad- 
mission was  doubtless  free  of  charge ;  payment 
may  have  been  introduced  after  the  expulsion 
of  the  Peisistratidae,  when  the  city  began  to  find 
the  cost  too  heavy.  In  the  5th  and  4th  cen- 
turies B.C.  the  price  of  admission  for  one  day  was 
two  obols,  or  not  quite  4d.  Pericles  introduced 
the  system  by  which  the  state  paid  two  obols 
to  each  citizen  for  each  day  of  the  Dionysiac 
festivals,  in  order  that  he  might  attend  the 
theatre.  This  BtvptKhtf  was  partly  defrayed 
from  the  tribute  of  the  allies,  and  probably 
began  about  454  B.C.  It  was  distributed  by 
tbe  demarchs  in  the  several  demes ;  and,  though 
it  was  first  devised  in  the  interests  of  the  poor, 
the  only  condition  of  obtaining  it  seems  to  have 
been  inscription  on  the  Ai}(iapyiicbr  ypttf^utruov 
of  the  deme.  The  number  of^persons  receiving 
the  Btotpuchy  in  431  B.C.  has  been  computed  at 
18,000.  In  its  later  and  wider  form  (as  extended 
to  non-dramatic  festivals)  the  Btwpuchp  became 
an  abuse:  in  its  original  form  it  was  substan- 
tially a  state-grant  in  aid  of  education.  All 
seats  were  of  the  same  class,  except  those  re- 
served for  persons  who  had  the  right  of  wpot^ploj 
and  who  paid  nothing.  (Cf.  Dem.  de  Cor.  §  28.) 
The  places  of  payment  were  probably  in  the 
vdpoiot  leading  to  the  orchestra.  Specimens  of 
ordinary  Greek  theatre  -  tickets  are  extant. 
These  are  small  leaden  coins,  bearing  on  one 
side  some  emblem  of  the  theatre,  such  as  a 
Dionysus  with  a  tripod,  or  an  actor's  mask  ;  and 
on  the  obverse,  the  name  of  an  Attic  tribe,  or  a 
numeral.  Many  examples  have  been  published 
by  Benndorf  (J^nUchr.  /.  d,  dsterr,  Gt/mn,  xxvi,). 
Another  kind  of  theatre-ticket  also  occurs. 
This  is  a  small  round  mark  of  bone  or  ivory, 
bearing  on  one  side  some  artistic  device  (such  as 
the  head  of  a  deity),  and  on  the  other  a  number 
(never  higher  than  15),  in  both  Greek  and 
Koman  figures.  These  were  tickets,  of  the 
Imperial  age,  for  persons  who  had  wpotZpla, 
The  numbers  probably  indicate  divisions  of  the 
house.  How  far  such  division  was  carried  is 
uncertain.  It  is  a  probable  conjecture  that  at 
Athens  a  certain  portion  of  the  house  (perhaps 


a  whole  segment,  KtpKls)  was  allotted  to  each 
of  the  Attic  ^vXol.  This  is  con6rmed  by  the 
occurrence  of  tribal  names  on  the  leaden  tickets 
noticed  above ;  also  by  the  fact  that  the  choreeia 
was  organised  on  a  basis  of  tribes ;  and,  lastly, 
by  the  analogy  of  Roman  colonies  in  which  cer- 
tain cunei  of  the  theatre  were  assigned  to  certain 
curiou.  The  members  of  the  senate  sat  together 
in  a  definite  part  of  the  Dionysiac  theatre  (rh 
fiovX§uTac6r,  Aristoph.  Av.  794).  For  youths 
between  the  ages  of  18  and  21,  a  space  was  simi- 
larly reserved  (rh  4^0uc6i^'), 

The  performances  began  in  the  morning,  and 
lasted  till  evening;  but  it  is  attested  by  the 
comic  poet  Pberecrates — who  gained  his  first 
prize  in  438  B.a — ^that  the  spectators  had  usu- 
ally taken  the  morning  meal  (Jipiffrotf)  before 
they  came  (Atben.  x.  464  e).  In  the  next  century, 
however,  we  bear  of  performances  beginning  at 
daybreak  (Aeschin.  in  Ctes.  §  76).  The  older 
Athenian  custom  was  for  all  the  spectators 
to  wear  wreaths  (as  at  a  sacrifice) ;  but  this 
had  perhaps  gone  out  before  350  B.c.  As  the 
whole  day  was  spent  in  the  theatre,  the  visitors 
brought  light  refreshments  (rpoT^/iAra)  with 
them.  Choregi  sometimes  courted  popularity 
by  a  distribution  of  cakes  and  wine :  and  Aristo- 
phanes has  pilloried  those  rival  poets  who  em- 
ployed slaves  to  throw  nuts  about  the  house. 
An  Athenian  audience  was  closely  attentive, — 
detecting  the  slightest  fault  of  speech, — ^and 
highly  demonstrative.  Loud  clapping  of  hands, 
and  shouts  of  applause,  expressed  their  delight ; 
disapproval  found  vent  in  stamping  with  the 
feet,  hissing,  and  hooting  (icKACtuf),  Never, 
probably,  has  the  ordeal  for  an  actor  been  more 
severe  than  it  was  at  Athens.  Persons  of  note 
who  entered  the  house  were  recognised  with 
frank  favour,  or  the  reverse.  Indeed,  the  whole 
demeanour  of  Athenians  at  the  Dionysia  ap- 
pears to  have  been  marked  by  a  certain  sense  of 
domestic  ease,  as  if  all  the  holiday-makers  were 
members  of  one  family. 

From  the  latter  part  of  the  4th  century  b.c. 
onwards,  it  became  usual  to  produce  drama, 
not  merely  at  the  Dionysia,  but  on  any  oc- 
casion of  special  rejoicing ;  a  result  partly  due 
to  the  personal  taste  of  Alexander  the  Great 
for  theatrical  shows  of  every  kind.  Hence  the 
theatres  gradually  lost  that  sacred  character 
which  had  been  theirs  so  long  as  they  were  set 
apart  for  the  worship  of  Dionysus.  A  further 
consequence  was  that  they  began  to  be  used 
for  various  entertainments  which  had  nothing 
to  do  with  drama,  such  as  the  exhibitions  of 
conjurers  or  acrobats,  and,  in  the  Roman  age. 
gladiatorial  shows,  or  combats  with  wild  beasts. 
Even  in  the  5th  century  B.C.,  indeed,  cock- 
fighting  had  been  held  on  one  day  of  the  year 
in  the  Dionysiac  theatre,  —  a  custom  which 
legend  connected  with  an  omen  seen  by  Themi- 
stocles  in  the  Persian  wars:  but  this  —  unlike 
the  later  innovations — was  consistent  with  the 
religio  lod,  since  the  cult  of  Asclepius  had  points 
of  contact  with  that  of  Dionysus.  Thus  the 
irpodywr  of  the  Dionysia  (noticed  above)  was 
held  on  the  day,  and  near  the  place,  of  the  sacri- 
fice to  Asclepius. 

Mention  has  been  made  of  the  meetings  for 
public  business  held  in  the  Dionysiac  theatre 
just  before  and  after  the  Great  Dionysia.  In 
the  latter  part  of  the  5th  century  we  hear  of 

3  0  8 


820 


THEATRUM 


the  citizens  conrening  the  ecclesia  in  the  theatre 
at  Monychia,  and  in  the  Dionysiac  theatre  itself, 
when,  nnder  the  Four  Hundred,  the  Pnyx  was 
not  arailahle  (Thuc.  yiii.  93  f.).  By  250  B.a  it 
had  become  nsual  to  hold  ordinary  meetings  of 
the  ecclesia  in  the  Dionysiac  theatre;  though 
the  elections  of  magistrates  (iLpxtufftaiai)  con- 
tinued to  be  held  on  the  Pnyx.  From  the  5th 
century  B.C.  the  theatre  had  been  the  regular 
place  ror  the  bestowal  of  public  honours,  such  as 
crowns.  In  later  times  a  theatre  was  often  also 
the  scene  of  an  exemplary  punishment.  One  of 
the  earliest  instances  is  the  execution  of  Hippo 
in  the  theatre  at  Messana,  of  which  place  he  had 
been  tyrant  (circ.  338  B.C.;  Plut.  Timol,  34). 
Sepulchral  inscriptions,  of  the  Roman  age — 
sometimes  commemorating  Christians  —  have 
been  found  both  in  the  Dionysiac  theatre  and 
in  the  Odeum  of  Herodes  Atticus ;  whence  it 
has  been  conjectured  that,  in  late  times,  burials 
occasionally  took  place  within  those  precincts. 
As  statues  of  Themistocles  and  Miltiades  stood 


THEATEUM 

in  the  Dionysiac  theatre,  so,  at  every  period  of 
Greek  antiquity,  such  places  were  adorned  yn\k 
monuments  of  statesmen  and  soldiers,  no  less 
than  of  poets,  musicians,  and  actors.  This  wu 
in  accord  with  the  true  idea  of  the  Greek  thestie, 
which  was  not  merely  the  home  of  an  art,  but 
also  a  centre  of  civic  reunion. 

The  Roman  Theatbe. 
Rome  possessed  no  theatre  of  stone  till  55  bx. 
Just  a  century  earlier  such  an  edifice  had  be«D 
in  progress,  when  P.  Cornelius  Sdpio  Nasica 
procured  a  decree  of  the  senate  for  its  destrao 
tion  (LiT.  Epit,  48).  The  spirit  of  the  Soman 
veto  on  permanent  theatres  was  one  which  re- 
fused to  regard  the  drama  except  as  a  paisiiig 
frivolity.  Wooden  theatres  were  erected,  and 
pulled  down  when  the  oecanon  was  over.  Bat 
before  the  middle  of  the  Ist  century  BX.  these 
temporary  structures  had  already  begun  to  show 
a  high  elaboration.  The  building  put  up  by  the 
aedile  M.  Aemilius  Scauros  in  58  B.a  oontaiaed 


Fig.  4.  Roman  Ttaeitre  of  Vltmvlu^. 


80,000  seats ;  the  proscenium  was  adorned  with 
pillars  of  marble  and  statues  of  bronze ;  and  the 
whole  work  seems  to  have  possessed  every  ele- 
ment of  grandeur  except  permanence.  The  old 
interdict  had  already  lost  its  meaning  ;  and 
three  years  later  Pompeius  was  allowed  to  erect, 
near  the  Campus  Martins,  the  first  theatre  of 
stone.  The  model  is  said  to  have  been  the 
theatre  of  Mitylene,  and  the  number  of  seats 
40,000.  The  theatre  of  Bfaroellus,  built  by 
Augustus,  and  named  after  his  nephew,  was  also 
of  stone,  and  could  hold  20,500  persons.  A 
third  such  building,  with  a  capacity  of  11,510, 
was  completed  in  13  B.C.  by  L.  Cornelius  Balbns. 
These  are  the  tnna  theatra  of  Suetonius  ^Atig, 
45).  Meanwhile  many  provincial  towns  in  Italy 
and  elsewhere  had  long  possessed  stone  theatres, 
built  or  altered  under  Roman  influence. 

The  Roman  type  of  theatre  is  simply  the 
Greek  type  modineid  in  certain  particulan.  The 
ground-plan  is  thus  described  by  Vitruvius.  In  a 
circle  of  the  same  diameter  which  the  orchestra 
is  to  have,  inscribe  three  equilaterid  triangles. 


Take  one  side  of  any  triangle,  and  let  this  be 
the  back  wall  of  the  stage,  foneaaefmu  (a  b). 
A  diameter  of  the  circle,  drawn  parallel  with 
A  B,  will  represent  the  line  dividing  the  «ta;e 
from  the  orchestra  (o  d).  The  seals  for  tht 
spectators  are  arranged  round  the  orchestra  io 
semicircles  concentric  with  it.  The  five  ycinx- 
above  the  line  0  D^  where  the  angles  toach  the 
circumference,  are  the  points  from  which  fire 
flights  of  steps  lead  up  to  the  seats,  diridia; 
them  into  six  amei.  Above  the  first  iOB^  cr 
semicircular  passage  (jTrosomefib),  the  seats  are 
divided  into  twelve  cuimi  by  eleven  stairwajs. 
Jtut  above  the  points  c  and  D,  access  is  given  t  > 
the  orchestra  by  two  vaulted  passages  whic^ 
pass  under  the  upper  rows  of  seats  (e,  f).  The 
platform  of  the  stage  is  prolonged  right  and  left 
so  that  its  total  length  (a  b)  is  equal  to  twice 
the  diameter  of  the  orchestra.  In  the  back  vil= 
of  the  stage  there  are  to  be  three  doors,  thr 
positions  of  which  are  marked  by  the  pilots 
I,  K,  L.  Thus  the  distinctive  features  of  th« 
Roman    theatre    are    theee   two:  — (1)  The 


THBATBUK 


THBATBUM 


821 


orchestra  is  not,  as  in  the  Greek  theatre,  a 
circle  (or  the  greater  part  of  it),  but  only  a  semi- 
circle. The  diameter  of  the  orchestra  is  now 
the  front  line  of  a  raised  stage.  Consequently 
the  anditorinm,  also,  forms  only  a  half-circle. 
The  primary  cause  of  this  change  was  that  the 
old  Dionysiac  chorus  had  disappeared ;  the 
orchestra,  therefore,  had  no  longer  a  draroatici 
ose.  (2)  In  the  Greek  theatre  the  auditorium 
and  the  scene-buildings  were  not  architecturally 
linked.  The  vdpo9ot  were  open  passages  between 
them.  In  the  Roman  theatre  the  side-walls  of 
the  scene-building  were  carried  forward  till 
they  met  the  sido-walls  of  the  auditorium.  By 
this  organic  union  of  the  two  main  parts  the 
whole  theatre  was  made  a  single  compact 
building. 

These  two  main  differences  explain  the  other 
points  in  which  the  Roman  theatre  Taried  from 
its  Greek  original.  Thus:  (i.)  Haying  closed 
the  openings  afforded  by  the  wdooioif  the  Romans 
needed  some  other  access  to  their  semicircular 
orchestra.  Here  the  arch  served  them.  By 
catting  off  a  few  seats  in  the  lower  rows  at  the 
angles  right  and  left  of  the  stage,  they  obtained 
height  enough  for  vaulted  passages,  which  ran 
under  the  auditorium  into  the  orchestra,  (ii.) 
The  solid  unity  of  the  Roman  theatres  lent  itself 
to  the  Roman  taste  for  decoration  of  a  monu- 
mental character.  The  permanent  Greek  pro^ 
scenia,  though  usually  adorned  with  columns, 
had  been  simple.  But  the  richest  embellish- 
ments of  architectun  and  sculpture  were  lavished 
on  the  Roman  proscenia,  in  which  two  or  more 
stories  were  usually  distinguished  by  carefully 
harmonised  modes  of  treatment,  (iit.)  A  similar 
magnificence  was  shown  in  the. external  facades. 
Greek  theatres  had  usually  been  erected  on 
natural  slopes.  A  Roman  theatre  was  more 
often  built  on  level  ground.  The  auditorium 
rested  on  massive  substructions,  of  which  the 
walls' wera  connected  by  arches.  From  the  open 
spaces  thus  afforded,  numerous  wide  staircases 
ascendedf^beneath  the  auditorium,  to  the  several ' 
rows  of  seats.  Corridon,  opening  on  these 
staircases,  ran  along  the  inner  side  of  the  semi-  \ 
circular  wall  which  enclosed  the  auditorium. 
The  exterior  of  this  wall  was  adorned  with 
columns,  having  arcades  between  them,  and 
rising  in  three  or  more  successive  stories, 
divided  by  architrave  and  cornice.  Thus,  while 
the  architectural  significance  of  a  Greek  theatre 
depended  wholly  on  the  interior,  a  Roman 
theatre  had  also  the  external  aspect  of  a  stately 
public  building. 

With  regard  to  the  internal  arrangements  of 
the  Roman  theatre,  the  following  points  claim 
notice.  (1)  The  raised  sUge  (^pulpitumy  KoywTor) 
u  in  some  instances  on  a  level  with  the  lowest 
row  of  seats  behind  the  orchestra,  as  at  Aizani 
in  Cilicia  and  Aspendus  in  Pamphylia.  Some- 
times, again,  the  stage  is  rather  higher,  but 
the  (originally)  lowest  row  of  seats  has  been 
abolished,  leaving  the  stage  still  level  with 
those  seats  which  an  actually  lowest:  this  is 
the  case  at  Pergamum  and  Assus.  In  a  third 
<'la8s  of  examples,  the  stage  is  higher  than  the 
lowest  row  of  seats, — as  it  is  at  Orange.  The 
lioman  stage  in  the  Dionysiac  theatre  at  Athens 
IS  of  this  class.  (2)  Awnings  were  spread  over 
^he  theatra  to  protect  the  spectaton  from  sun  or 
fain.    These  were  usually  called  veh :  the  term 


velaria  oocun  only  in  Jnv.  iv.  122.  Pliny,  who 
describes  them  as  carbatina  veh  (made  of  linen), 
says  that  they  wera  iutroduced  by  Q.  Catulus, 
in  78  B.a  (xix.  23).  They  wera  supported  by ' 
masts  (ma/iX  fixed  to  the  outer  walls  of  thei 
theatra  by  massive  rings  or  sockets,  which  cant 
still  be  seen  at  Orange  or  Pompeii.  Betweei^ 
the  masts  were  cross-beams  (trabea)^  for  greatex* 
convenience  in  unfurling  the  veku  Such  awnings 
wera  of  various  colours,  as  yellow,  red,  dark- 
blue  (Lucr.  iv.  75  C,  whera  see  Munro).  (3) 
Until  the  play  began,  the  stage  was  concealed  by 
a  curtain ;  which  was  then  lowered.  The  place 
into  which  it  sank,  just  inside  of  the  front  line 
of  the  stage,  can  be  seen  in  the  larger  theatra  at 
Pompeii.  At  the  end  of  the  piece  the  curtain 
was  drawn  up.  Hence,  whera  we  say,  **  the 
curtain  rises,"  the  Romans  said,  auheum  mit' 
Utw  or  subducitw:  '*the  curtain  is  up,"  ou- 
heum  premHur :  "  the  curtain  falls,"  avioieum 
iollitwr.  The  word  tiparium  (from  the  rt.  of 
(ri^>apoSf  top-sail,  supjparum)  meant  a  folding 
screen.  Apuleius  (150  a.d.)  describes  a  kind  of 
ballet  as  beginning  *^  when  the  curtain  had  been 
lowered,  and  the  screens  folded  up"  (sipariis 
amplicUii^  Met,  10,  p.  232 ;  cp.  «&.  1,  p.  7>  If 
these  screens  wen  within  the  curtain,  the 
reason  for  using  them  along  with  it  may  have 
been  to  heighten,  the  effect  of  a  tableau  by  dis- 
closing it  gradually.  In  the  later  parts  of  the 
piece,  they  may  have  served  to  conceal  scene- 
shifting.  Another  use  is  also  possible.  Theatres 
of  the  Macedonian  and  Roman  period  sometimes 
had  two  stages,  the  higher  being  used  by  the 
ragular  actors,  the  lower  by  mimes  or  dancen ; 
and  the  latter  may  have  been  concealed  by  the 
siparium,  as  the  other  by  the  autaewn.  The 
word  eiparium  is  regularly  associated  with 
comedy  or  mimes.  (Seneca,  de  tranq.  An.  ell, 
§  8 ;  Juv.  Sat  8,  186.)  (4)  Allocation  of  seats. 
The  orchestra  was  nserved  for  senaton.  As  a  k 
special  mark  of  distinction,  foreignen  (usually  I 
ambassadors)  wera  occasionally  ubnitted  to  it 
(see  Tac.  Ann.  xiiL  54).  The  rest  of  the  audi- 
torium was  called  oavea.  The  Lex  Roscia,  pro- 
posed by  the  tribune  L.  Rosdus  Otho  in  67  B.C., 
provid«l  that  the  fourteen  raws  of  seats  in  the 
cavea  nearest  to  the  orchestra  should  be 
reserved  for  tt^e  equites— excluding  any  who 
should  have  become  bankrupt  (Cic.  PhU,  ii. 
§  44).  Owing  to  the  large  number  of  equites 
who  had  been  ruined  by  the  civil  wan,  Augustus 
decreed  that  the  privilege  given  by  the  Lex 
Roscia  should  be  enjoyed  by  any  eques  who  had 
at  any  time  possessed,  or  whose  father  had  pos- 
sessed, the  amount  of  the  equeater  cmsiM,  viz. 
400,000  sesterces  (Suet.  Aug.  40>  This  is  pro- 
bably the  Lex  JuUa  Theatralis  meant  by  Pliny 
(xxxiii.  §  8).  Augustus  farther  assigned  special 
portions  of  the  cavea  to  (1)  women ;  (2)  prae- 
textatiy  i.e.  boys  who  had  not  yet  assumed  the 
toga  virilis,  and  their  paedagogi ;  (3)  soldien  ;  ' 
(4)  married  men  belonging  to  the  pleba.  This 
was  a  praminm  on  marriage,  like  othen  pro- 
vided in  the  Lex  Julia  et  Papia  Poppaea.  In 
some  provincial  theatres  the  town-coundllors 
(decwrionea)  had  seats  of  honour  (6ise//ia)  on  the 
rows  next  the  orchestra.  Corresponding  to  the 
"  royal  box  "  in  a  modem  theatre  was  the  tri- 
hun^.  immediately  over  the  stage  on  the  spec- 
tator s  left.  This  was  occupied  by  the  emperor, 
or  by  the  president  of  the  performance.    A  cor- 


822 


THEATRUM 


THEATBUM 


responding  tribunal  on  the  left  side  was  assigned 
to  the  Vestals,  among  whom  the  empress  sat. 
Thus,  from  the  Augastan  age  onwards,  the  con- 
trast between  a  Greek  and  Roman  theatre  was 
extended  to  the  arrangements  for  the  audience. 
Instead  of  the  simple  Greek  distinction  between 
those  who  had  or  had  not  irpoc8p(a,  the  Roman 
auditorium  exhibited  an  elaborate  classification 
'    by  sex,  age,  profession,  and  rank. 

Odeum, 

The  term  y  Sccov,  denoting  a  species  of  theatre 
appropriated  to  musical  performances,  occurs 
first  in  a  fragment  of  the  comic  poet  Cratinus 
(cUrc.  450  B.a),  with  reference  to  the  Odeum  of 
Pericles  (Bp^rroi,  fr.  1);  but  it  may  hare 
been  in  use  from  a  much  earlier  time.  The 
oldest  recorded  example  is  the  Xxiks  at  Sparta, 
which  is  said  to  have  been  round,  and  to  have 
been  named  from  the  resemblance  of  its  top  to  a 
sunshade  (cKiiis  or  axMiiw :  Etym.  Magn*).  It 
was  said  to  have  been  built  by  the  architect 
Theodorus  of  Samos  (circ.  600  B.C.).  On  its 
walls  the  Spartans  hung  up  the  cithara  of  the 
famous  musician,  Timotheus  of  Rhodes  (circ. 
400  B.a), — not  as  an  honour,  but  ns  a  stigma, 
because  be  had  marred  the  ancient  simplicity  of 
the  instrument  by  increasing  the  number  of  its 
strings.  In  the  latter  part  of  the  2nd  cen- 
tury A.D.  the  Sici&s  was  still  used  as  a  place  for 
public  assemblies  (Pans.  iii.  12,  10).  No  traces 
of  it  remain.  The  circular  brick  building  of 
which  ruins  still  exist  near  the  Eurotas  seems  to 
have  been  originally  an  Odeum,  modified  perhaps, 
with  a  view  to  other  than  musical  {lert'ormances, 
in  the  Roman  age  of  Sparta.  (See  Leake,  Jforea, 
vol.  ii.  p.  553 ;  Curtius,  Pelop.  ii.  222.) 

Athens  possessed  three  ^JScid.  (1)  The  oldest 
of  these  stood  near  the  fountain  Enneacrunus  by 
the  Ilissus.  Its  origin  is  uncertain,  but  has 
been  conjecturally  referred  to  Peisistratus,  or 
even  to  Solon.  The  most  probable  inference 
from  the  notices  concerning  it  is  that  it  was  a 
semicircular  building,  arranged  on  the  general 
plan  of  a  Greek  theatre,  but  with  a  roof.  It 
was  in  this  Odeum  that  the  wpoarymif  was  held 
before  the  Great  Dionysia,  as  described  above. 
This,  too,  is  the  Odeum  to  which  Aristophanes 
refers  as  being  used  for  a  law-court  (  Vesp.  1109) ; 
the  scholiast  on  that  passage  identifies  the  place 
with  the  scene  of  the  vpoiytt^.  The  same 
building  must  be  understood  when  we  read  of 
the  Odeum  as  a  rendezvous  or  a  lodging  for 
troops  (Xen.  Hellen,  ii.  4,  $§  9,  24),  and  as  a 
place  for  the  distribution  of  corn  (Dem.  c. 
Phorm.  §  37 :  [Dem.]  in  Neaer,  §  52).  It  ap- 
pears to  have  been  restored,  or  bnilt  anew,  by 
Lycurgus  {circ.  330  B.C.);  for  the  words  of 
Hypereides  (fr.  32,  ^itM^iriCf  9h  rh  Biorpowy 
rh  t^btiotf)  cannot  well  refer  to  the  Periclean 
building, — then  little  more  than  a  century  old. 

(2)  The  Odeum  of  Pericles  stood  a  little  S.E. 
of  the  Acropolis  and  N.E.  of  the  Dionysiac 
theatre :  modem  houses  cover  its  probable  site,  j 
Plutarch  preserves  a  tradition  that  the  shape  of  , 
the  building  was  intended  to  recall  the  tent  of 
Xerxes  (Per.  13).  The  fact  that  the  top  rose  to 
a  peak — like  that  of  the  Spartan  Ixtds^  as  we 
may  suppose — apparently  prompted  the  joke  of 
Cratinus,  when  he  described  Pericles,  **  the  Zeus 
with  peaked  head  "  (<rxiyoH4^aKos),  as  rtf^iioy 


lir\  rou  KpoMlov  tx^v  (%p^rr,  I).  These  notices 
at  least  prove  that  the  form  was  round,  aiMi 
such  as  to  suggest  a  tent.  In  the  conception  of 
Pericles,  the  new  Odeum,  like  the  new  temple  of 
Athena,  was  associated  with  the  Great  Pan- 
athenaea.  As  the  final  act  of  the  festival  wa.s 
celebrated  in  the  Parthenon,  so  the  Odeum  vss 
the  place  for  the  performance  with  which  the 
festival  began, — contests  of  flute-players,  singers, 
and  rhapsodes.  The  Odeum  of  Pericles  vss 
completed  about  444  B.a  It  was  burnt  doK-n 
in  86  B.a  by  Aristion,  the  tyrant  of  Atheni, 
when  he  fled  before  Sulla  to  the  Acropolis.  The 
restoration  of  the  building  by  Ariobarzanes  II. 
(Philopator),  king  of  Cappadocia,  aboat  60  B.C.. 
is  the  last  recorded  incident  in  its  history.  It 
is  remarkable  that  Pausanias  speaks  as  if,  st 
the  time  of  his  visit  (cere  155  A.D.),  the  old 
Odeum  by  the  Ilissus  was  the  principal  boildiog 
of  its  kind  in  Athena  (i.  14,  §  1).  He  refers  to 
the  Odeum  of  Pericles  merel v  as  *'  a  structare  ** 
(fcarcunrcvao-Aia)  *'said  to  have  been  bnilt  io 
imitation  of  the  tent  of  Xerxes,"  and  does  not 
even  name  its  founder  (i.  20,  §  4). 

(3)  The  third  Odeum  at  Athens  was  built  by 
the  eminent  rhetorician  Herodes  Atticu,  ia 
memory  of  his  second  wife,  Appia  Annia  Ke^lU. 
who  died'^fore  161  ▲.D.  It  had  not  bees 
commenced  when  Pansaniaa  described  Atkem; 
but  he  mentions  it  in  speaking  of  the  Odeum  st 
Patrae,  which  was,  he  says,  second  only  to  that 
of  Herodes  (vii.  20,  §  6).  The  Odeum  of  Herodes 
stood  on  the  south  slope  of  the  Acropolis,  W.  of 
the  Dionysiac  theatre.  Considerable  remsiu 
still  exist.  It  was  not  a  round  building,  bni  a 
theatre  of  the  ordinary  Roman  type,  with  s  roof 
superadded.  Hence  Phllostratus  describes  it  si 
th  M  *Pnyi\X.p  $€aTpop(Vit.  Soph,  it  l,5,cf. 
8),  and  Suidas  (s,  v,  *HpA9ris)  as  94arpoif  ivmpi- 
^toPt — the  Latin  theatnon  tectwn.  It  was  dis- 
tinguished by  the  great  splendour  of  the  intenisl 
decoration.  The  ceiling  was  of  cedar,— vitii 
probably  an  open  space  for  light  in  the  middle. 
The  seats  in  the  cacea  were  cased  with  marble, 
and  divided  into  an  upper  and  lower  zone  br  § 
9id(»fJM.  The  floor  of  the  orchestra  was  ialsid 
with  marble  mosaic-work.  The  prosceaioiUf 
which  had  three  doors,  was  decorated  vitb 
columnar  arcades,  in  four  successive  storeys,  aiwi 
with  statuary.  A  similar  mode  of  decorstityn. 
though  less  elaborate,  was  applied  to  the  extenul 
facade.  Behind  the  proscenium  spacious  acrora- 
modation  was  provided  for  the  perfonDen> 
Philostratus  mentions  a  smaller  theatre  in  the 
Cerameicus  at  Athens,  called,  after  its  foonder. 
the  'AypanruoPy  which  seems  to  have  bees  nsei 
for  rhetorical  declamations  rather  than  for  Dusic 
or  drama  (  VU.  Soph.  ii.  5,  3  and  8,  2). 

The  building  of  Pericles  and  that  of  H<rode> 
Atticns  illustrate  the  twofold  relation  of  the 
ancient  Odeum  to  the  ancient  theatre.  (1)  The 
circular  Odeum,  such  as  that  of  Pericles,  was 
the  place  for  music  or  redtaticm,  as  the  Greek 
theatre  for  drama  or  chorus.  From  an  artistic 
point  of  view,  it  was  the  supplement  of  the 
Greek  theatre.  (2)  The  semicircular  Odeao. 
such  as  that  of  Herodes,  was  merely  a  roofed 
Roman  theatre ;  and,  as  such,  it  was  xtaed  wH 
only  for  music,  but  for  other  entertainment! 
also,  such  as  mimes,  or  even  regular  drama.  In 
the  Roman  period  the  first  type  cootinaed  t-> 
exist  along  with  the  second.    Trajan  bsiit  s 


THEATRUM 


THEN8AE 


823 


rouad  Odeam  at  Rome  (Paus.  r.  12,  4,  9iarpo¥ 
fUya  KUK\oTtp4s),  called  ^9€toy  by  Dio  Cassias 
(Ixix.  4).  In  maof  instances  where  an  Odeum 
•I  mentioned,  the  type  to  which  it  belonged 
remains  ancertain. 

In  conclusion,  it  may  be  useful  to  enumerate 
some  of  the  more  important  Greek  and  Roman 
theatres  of  which  remains  exist.  Tiie  following 
list  is  mainly  based  on  that  given  by  Dr.  A. 
Kawerau  in  Baumeister's  Detthnaler^  pp.  1746 
ff.  A  fuller  enumeration,  with  references  to  the 
topographical  and  archaeological  literature  in 
each  case,  will  be  found  iu  Dr.  A.  Miiller*s  ZtfAr* 
kmch  der  griecMschen  BWitteneUterthumer,  pp.  4-15 
<1886). 

L  Greece  Proper. — AttiM,    1.  The  Diony* 
aac  theatre  at  Athens.     Excavated  in  1886  by 
the  German  Archaeological  Institute.    2.  Theatre 
at  Zea  in  the  Peiraeus.     Excavated  in  1880  and 
1885  by  the  Greeic  Archaeological  Society.    The 
orchestra  was  surrounded  by  a  canal,  like  that 
in  the  Dionysiac  theatre.     S.  Theatre  at  Oropus. 
Excavated  in  1886  by  the  Greek  Archaeological 
^iety.     The   proscenium,  with   one  door,  re- 
mains.    4.  Theatre  at  Thoricus.    Excavated  in 
&886  by  the  American  School.     Remarkable  for 
the  irregular  curve  of  the    orcheaftra,   which 
recedes  more  than  anywhere  else  from  the  form 
of  a  semicircle,  and  approaches  that  of  a  semi- ' 
«llip6e. — Epgirus.    Theatre  at  Dramyssus.    The 
cavea  well   preserved.     It  had  two  Sia^c^fuiTa. 
2.  Theatre  at  Elatria  (now  Rhiniassa).     A  great 
part  of  the  caoat  remains. — Sicyonia,    Theatre 
at  Sicyon.     Excavations  begun  in  1887  by  the 
American  School. — ArgolU,     1.  Theatre  at  Epi- 
danrus.      Excavated    in    1883    by    the    Greek 
Archaeological  Society.     The  best-preserved  and 
finest  example  of  a  Greek  theatre  of  the  classical 
age.    It  was  built  about  350  B.G.  by  the  younger 
Polyeleitus   (Pans.  ii.  27,  5).      2.   Theatre   at 
Argos.    The  central  }iart  of  the  cavea  was  hewn 
from  the  rock ;  sixty-seven  rows  of  seats  remain, 
separated  by  two  Sia^ci/uaro.     The  two  ends  of 
the  cavea  were  formed  by  substructions  of  rude 
masonry. — Arcadia,     1.  Theatre   at  Mantineia. 
Kotable  as  an  exception  to  the  rule  that  Greek 
theatres  were  built  on  natural  slopes.     Here  the 
caxiea  rested  on  an  artificial  mound  supported  by 
polygonal   walls.      2.  Theatre   at   Megalopolis. 
The  largest   known  to    Pausanias  (ii.   27,   5). 
The  site  was  a  natural  slope,  but  recourse  was 
had  also  to  an  artificial  embankment  at  each 
horn  of  the  auditorium.     Excavations   begun 
here  in  1889  by  members  of  the  BritLih  School 
At  Athens   have   disclosed  the   stage   and   the 
lowest  portion  of  the  seats. 

II.  Islands  of  the  Aegean  Sea. — The  older 
theatre  at  Delos  is  that  in  which  the  segment 
•of  a  circle  formed  by  the  curve  of  the  aitea 
most  largely  exceeds  a  semicircle.  The  Cretan 
theatres  at  Gortyna,  Hierapytna,  and  Lyctiis  are 
•among  those  which  have  the  niches  intended,  as 
some  have  supposed,  for  ^x*<a  ("®®  above). 

III.  Asia  Minor. — Among  the  theatres  of 
<the  later  Greek  or  Hellenistic  age,  those  at  the 
following  places  show  a  peculiarity  in  the  curve 
•of  the  cavea  like  that  noted  above  at  Delos : — 
SiAk  (PamphyliaX  Myra  (Lycia),  Telmissus  (do.), 
lassus  (Caria),  Aizani  (Cilicia).  The  last-named 
theatre  affords  another  example  of  the  niches 
Jnentioned  above.     Other  interesting  theatres  of 


the  same  period  are  those  of  Pergamum  (exca- 
vated in  1885  by  the  German  Expedition)  and 
Assus  (excavated  in  1883,  for  the  American 
Archaeol.  Institute,  by  Mr.  J.  P.  Clarke).  The 
Roman  theatre  at  Aspendus  (Pamphylia)  is  the 
best-preserved  ancient  theatre  in  existence.  The 
proscenium  has  five  doors. 

IV.  Italy. — 1.  The  two  theatres  at  Pompeii. 
The  larger  shows  a  peculiarity  in  the  four  lowest 
rows  of  seats,  which  are  separated  from  those 
above,  and  appear  to  have  been  the  places  of 
honour.  Tho  stage  b  also  of  interest.  The 
smaller  theatre  was  roofed.  2.  Theatre  at 
Falerii.  One  of  tho  best  preserved.  It  was 
finished  in  43  B.o. 

V.  SiciLT.  —  Theatres  at  Syracuse,  Acrae, 
Catana,  Tauromenion,  Tyndaris,  and  Segesta. 
The  general  characteristic  of  the  Sicilian  theatres 
is  that  they  were  founded  in  Greek  times  and 
afterwards  modified,  or  reconstructed,  under 
Roman  influences. 

VI.  France. — ^The  Roman  theatre  at  Orange 
(Arausio)  is  well  preserved.  The  reconstruction 
of  it  by  A.  Caristie  (^Monuments  antiques  h 
Orange^  Paris,  185G)  conveys  a  probably  just 
idea  of  its  original  beauty.  In  one  respect  it 
forms  an  exception  to  the  ordinary  Roman  rule  ; 
for  use  was  made  of  a  natural  slope  to  support 
the  cavea, 

Litercttare. — Wieselcr,  Theatergebaude  (G6t- 
tingen,  lt$51),  and  art.  '* Griechisches  Theater'* 
in  Ersch  and  Gruber,  vol.  Ixxxiii.  (1867),  pp. 
159-256,  where  will  be  found  a  full  account  of 
the  authorities  on  the  subject  up  to  that  date. 
Among  recent  publications  it  must  suffice  to 
mention  the  following: — Dr.  Albert  Muller, 
/^rbuck  der  griechiechen  BUhnenalthumer  (Frei- 
burg, 1886),  pp.  432.  A  work  of  practically  ex- 
haustive research.  Gustav  Oehmichen,  Griech- 
iacher  27ieaterbau  (Berlin,  1886).  Baumeister's 
Denkmaier,  art.  '*  Theatergebiiude "  by  Dr.  A. 
Kawerau,  and  "  Theatervorstellungen  "  by  Dr. 
Bernhard  Arnold  (1887).  A.  £.  Haigh,  The 
Attic  Theatre  (1889).  For  the  Greek  theatre  of 
the  5th  century  B.O. :  Wilamowitz-MOUendorf, 
^  Die  Biihne  des  Aeschylos "  in  Hermes,  xxi. 
pp.  579  ff. ;  Sommerbrodt,  De  Aetchuli  re  soaeiUoa 
(Berlin,  1876) ;  J.  H5pken,  JM  Theatre  Attioo 
saeculi  a,  Chr,  quinti  (Berlin,  1884).  For  the 
Roman  theatre,  J.  Marquardt,  Rdtn,  Staatealter^ 
thauter,  Tol.  iii.  (2nd  ed.,  1885).  [R.  C.  J.] 

THENSAE  or  TENSAE  (for  the  ortho- 
graphy and  etymology  of  the  word  are  alike 
doubtful :  Vieasae,  C.  /.  L.  iii.  2 ;  Henzen,  5407  ; 
tensae,  C.  /.  L,  x.  6012;  Fest.   p.   364)  were 
highly  ornamented  sacred  vehicles,   which,  in 
the    solemn    pomp    of   the    Circensian    games 
'  [Circus,  Vol.  I.  p.  437  a ;   Ludi  Romani],  con- 
veyed  the  statues   of  certain  deities  with  all 
J  their  decorations  (exuviae)  to   the   pulvinaria, 
and  after  the  sports  were  over  bore  them  back 
to  their  shrines.    (Cic.  in  Verr.  ii.  1,  59,  an*! 
note  of  Pseudo-Ascon.  iii.  27,  v.  72;  Serv.  rnt 
Verg.  Aen,  i.  21 ;  Festus,  s,  v.;  Dio  Cass,  xlvii. 
40;   TertuU.  de  Sped,  7.)    The  thensae  were 
kept  in  a  special  building,  called  aedes  thensarum, 
on  the  Capitol  (see  Mommsen,  in  Ann,  delVInsL 
1858,  p.  203).    Their  form  seems  to  have  been 
that  of  the  CuRRUS  (as  shown  in  the  cut  in  Vol.  I. 
p.  581),  but  they  were  elaborately  ornamented. 
j  Castellani  has  restored  what  he  considers  to  be 


824 


THENSAE 


THEOPHANIA 


ft  thenia  from  remains  of  bronze  reliefs  (see  Ban- 
meister,  Denkm.  fig.  2325) ;  it  has  however,  as 
restored,  four  wheels,  while  the  coin  representa- 
tions seem  to  show  two-wheeled  chariots  drawn 
by  four  horses.    It  Is  by  no  means  improbable 
that  thensae  varied  as  to  shape,  number  of 
wheels  and  horses,  the  essential  point  in  their 
definition  being  that  they  were  wheeled  vehicles 
for  carrying    images  of  certain  deities  in  the 
pompa  circensis,  as  distinguished  from  the  fcr- 
cula  in  which  they  were  borne  on  men's  shonlders. 
We  know  that  they  were  drawn  by  horses  (Plut. 
C(molan.2o,  who  calls  them  d4i(r<ras)y  and  escorted 
(deduccre)  by  the  chief  senators  in  robes  of  state, 
who,  along  with  pueri  patrimi  [Patbimi],  laid 
hold  of  the  bridles  and  traces,  or  perhaps  assisted 
to  drag  the  carriage  (for  duoere  is  used  as  well 
as  deducere,  liv.  v.  41),  by  means  of  thongs 
attached  for  the  purpose  (and  hence  the  pro- 
posed derivation  from  tendo).    So  sacred  was 
this    duty   considered,    that    Augustus,    when 
labouring  under  sickness,  deemed  it  necessary 
to  accompany  the  thensae  in  a  litter.    If  one 
of  the  horses  knocked  up  or  the  driver  took  the 
reins  In  his  left  hand,  it  was  necessary  to  re- 
commence the  procession;  and  for  one  of  the 
attendant  boys  to  let  go  the  thong  or  to  stumble 
was  profanation.   (Liv.  t.  41 ;  Plut.  /.  c. ;  Ascon. 
/.  c. ;  Amob.  adv,  Gent,  iv.  31 ;  compared  with 
the  oration  de  Harusp*  Rcsp,  11,  23;  Tertull. 
de  Cor.  Mil.  13,  and  de  Spectac.  7 ;  Suet.  Aug.  43.) 
The  only  gods  distinctly  named  as  carried  in 
thensae  are  Jupiter  and  Minerva  (Suet.  Vespas, 
5 ;  Dio  Cass,  slvii.  40, 1. 8,  Ixvi.  1) ;  but  we  can 
hardly  doubt  that  Juno  at  any  rate  had  the  same 
honour  ;  and,  indeed,  all  three  Capitoline  deities 
have  thensae  on  the  coins  of  the  Gens  Rubria 
(Eckhel,  V.  299 ;    Marquai'dt,  Staatsvenc.  509, 
note  3) :  to  this  number  Mars  is  usually  added 
on  the  authority  of  Dio  Cassius  (Ixxviii.  8),  but, 
in  the  passage  referred  to,  he  merely  states  that, 
at  the  Circensian  games  celebrated  a.d.  216,  the 
statue  of  Mars,  which  was  in  the  procession 
(irofAiruoy),  fell  down ;  and  it  is  very  remark- 
able that  Dionysius  (vii.  72),  in   his  niinute 
description  of  the  Pompa  Circensis,  takes  no 
notice  whatever  of  the  thensae,  but  represents 
the  statues   of  the  twelve  gods  as  carried,  on 
men's  shoulders,  i.e.  on  fercula.     That  a  con- 
siderable number  of  deities,  however,  received 
this  honour  seems  probable  from  the  expression 
of  Cicero,  in  his  solemn  appeal  at  the  close  of 
the  last  Verrine  oration,  *'  omnesque  dii,  qui 
vehiculis  tensarum   solemnes    coetus   ludorura 
initis ; "  though  we  cannot  determine  who  these 
gods  were.  Among  the  impious  flatteries  heaped 
on  Caesar,  it  was  decreed  that  his  ivory  statue 
should  accompany  the  images  of  the  gods  to  the 
circus  in  a  complete  chariot  (jStp/Jui  SXoy,  that  is, 
a  t?ign3ay  in  opposition  to  a  mere  ferculum),  and 
that  this  chariot  should  stand  in  the  Capitol 
immediately  opposite  to  that  of  Jupiter.    (Dio 
Cass,  xliii.  15,  21,  45,  zliv.  6;  Suet.  Jul.  76: 
this  is  the  *'  acerba  pompa  "  in  Cic.  ad  Att  xiii. 
44.)     Under  the  Empire  the  statues  of  deceased 
emperors  and  members  of  the  imperial  house 
were  borne  in  the  procession,  but  of  these  the 
statues  of  princes  seem  to  have  been  carried  on 
fercula,  those  of  princesses  not  in  tliensae,  but 
in    carpenta,  sometimes    drawn    bv    elephants 
(Suet.  Ciaud.  11,  Cal.  16,  Tit  2:  tac.  ^nn.  ii. 
83). 


Similar  homage  was  paid  upon  high  festivals 
to  the  images  of  their  gods  by  other  ancient 
nations.  Thus,  in  the  curious  ceremonies  per- 
formed at  Papremis  connected  with  the  worship 
of  the  Egyptian  deity,  whom  Herodotus  (ii.  6:>) 
imagined  to  be  identical  with  Ares,  the  statue, 
enshrined  in  a  chapel  made  of  gilded  wood,  wr» 
dragged  in  a  four-wheeled  car  by  a  body  }t* 
priests.  So  also,  in  the  account  given  ly 
Athenaeus  (v.  p.  199  f.),  after  Callixenes  of 
Rhodes,  of  the  gorgeous  pageant  at  Alexandrs^ 
during  the  reign  of  Ptolemy  Philadelphus,  ve 
rend  of  a  car  of  Bacchus  of  prodigious  size,  most 
costly  materials,  and  most  elaborate  workmsn- 
ship,  which  was  dragged  by  180  men. 

(Scheffer,  de  Be  vehiculari,  c.  24 ;  Ginzrot,2>iV 
Wdgen  und  Fahnoerke  der  Griechen  vnd  MStn^r. 
c.  55 ;  but  the  latter  author,  both  here  and  else- 
where, allows  his  imagination  to  carry  him 
farther  than  his  authorities  warrant;  FriedUnder 
in  Marquardt,  Staatsverw.  iii.  509  ff.) 

[W.  R.]    [G.LM.] 

THEODOSIA'NUS  CODEX.  [Codlx 
Theodosianus.] 

THEOPHA'NIA  (9to^ia,  Herod,  i.  51 ; 
Poll.  i.  34),  a  festival  celebrated  at  Delphi.  A~ 
Mommsen,  with  tolerable  certainty,  identifier 
the  festival  on  the  7th  of  the  Delphic  month 
Bysios  (=  approximately  FebruaryX  mentiootrd 
(without  name)  by  Plutarch,  Qu.  Gr.  9,  as  the^ 
birthday  of  Apollo,  and  also  the  sole  dar  in 
ancient  times  for  consulting  the  oracle  (firo- 
bably  the  ai<ria  4ifi4pa  of  Eur.  Icn,  421).  [Si^ 
Oraculum,  p.  282  a.]  The  word  itself  signitio 
the  manifestation  of  the  deity  =  iwt^daftia  rov 
9§ov.  (Mommsen  notes  that  the  calendar  of  the 
Greek  Church  still  has  ra  iy.  Bco^db^ia:  in 
the  Western  Church  ITiecphania  was  applied  to 
Christmas  Day  as  late  as  the  4th  centurrj 
The  deity  manifested  at  Delphi  is  clearly  Apoliv 
and  the  time  of  the  year  agrees  with  its  beinj:  :i. 
festival  for  the  opening  of  spring,  symbolised  l>y 
the  return  or  the  new  birth  of  the  god  of  ligi't. 
Further  it  is  to  be  noticed  that  PlnUrch  (d-  d 
ap.  Delph.  9)  assigns  the  three  winter  months  io 
the  Delphic  year  to  Dionysos,  and  the  remaininc 
nine  to  Apollo:  hence  it  appears  that  the  7th  <-> 
Bysios  marks  the  beginning  of  the  Apolliseaii 
year  and  the  end  of  the  Bacchic. 

The  ceremonies  of  the  day  are  nowhere  pn  - 
cisely  stated,  but  can  be  piecra  out  as  follows  :— 
1.  A  procession  with  laurel  boughs:  this  w;i^ 
the  custom  at  the  time  when  oracles  were  givMi 
at  Delphi,  and  belonged  at  other  places  beside^ 
to  the  day  marked  as  Apollo's  birtbdaj  (tt. 
Schol.  ad  Hes.  Op.  777,  'A^reuoi  ro^r  tqtici 
Za^rti^povin'ts).  Similarly  at  Rome  the  retant 
of  Man  (for  whose  connexion  with  Apollo  i^Ov 
Roscher,  Apolhn  u.  i/art)  was  honoured  hj  fre>h 
laurel  boughs  (Ov.  Fast.  iii.  13).  2.  The  praver> 
and  offerings  belonging  to  the  oracnlar  daj,  t<-r 
which  see  Oraculum,  p.  282  6.  3.  A  feast  wii  ■ 
(a)  offerings  of  the  cake  called  f^tftr;  the  da% 
was,  acconiing  to  Plutarch,  called  woX^ffBooi, 
which,  though  he  gives  another  interpretati»t . 
is  clearly  from  ^ofs :  (ft)  libations  of  win-. 
Herodotus  (i.  51)  speaks  of  a  huge  silver  be -a  i 
at  Delphi,  containing  600  amphorae,  whiih 
ivuctpyarat  6wh  AcA^r  Oto^ttptta-L  CH:*:' 
myths,  especially  those  relating  to  the  Hi:'* 
or  exile  of  A|>ollo,  his  purification  and  retiirii, 
may  poasibly  liud  their  representation  in  tltu^ 


THEORI 

festiva] :  on  these  myths  we  can  only  refer  here 
to  the  discussion  in  A.  Mommsen  end  Roscher. 
(A.  Mommsen,  Iklphica,  pp.  280-297 ;  Roscher, 
ZdjfiAon,  p.  426.)  [L.  S.]    [G.  E.  M.] 

THECXRI  (jhtfpot).  There  can  be  little  doubt 
that  the  origin  of  this  word  is  not  Bths  and  Apa, 
as  most  of  the  ancient  Lexicographers  thought, 
bnt  is  the  same  as  that  of  Btdoftat  (Curtius,  Or, 
Eitjm,  253 ;  L.  and  S.).  Hence  it  should  follow 
that  the  original  official  signification  of  the  word 
(apart  from  its  simple  meaning,  ol  BtAfuyoi) 
was  a  magUtratef  literally  '*oreneer,"  like 
l^opof.  We  find  this  title  9§wpo\  or  6capol 
given,  without  any  religious  meaning,  to  the 
chief  magistrates  of  certain  states  ;  at  Mantinea 
(Thuc.  T.  47);  at  Tegea  (Xen.  JlelL  vi.  5,  7; 
see  Gilbert,  Staatsalterth.  ii.  328). 

Hence  the  word  acquired  the  sense  with  which 
we  are  mosit  familiar,  sacred  ambasaafkra  or 
deUfgaUs  (as  though  "  overseers  "  of  the  sacred 
business),  i.e.  persons  sent  on  special  missions 
(tfcwptcu)  to  perform  some  religious  duty  for  the 
state,  to  consult  an  oracle,  or  to  represent  the 
state  at  some  religious  festival  in  another  land, 
where  among  other  ceremonies  sacrifice  would 
be  offered  on  behalf  of  their  state.  Photius, 
though  doubtless  wrong  in  his  etymology,  ex- 
presses the  meaning  rightly  bv  rohs  ri  Btut 
^vAitrrorraf  ^  rh  Buo¥  ^povjlQovras  i  Pollux 
(ii.  55),  misled  by  the  double  meaning,  gives 
two  different  roots  to  the  word.  These  sacred 
B^mpoX  were  not  permanent  officials,  but  were 
specially  appointed  from  among  the  citizens  for 
each  occasion.  The  title  apparently  belongs  to 
delegates  of  this  kind  from  any  Greek  state :  tf.^. 
the  BfttpoX  of  foreign  states  made  offerings  for 
their  own  states  at  the  Eleusinia  on  17th  Boe* 
dromion  (A.  Mommsen,  Heort,  250 ;  Eleusinia, 
Vol.  L  p.  718 ;  cf.  Soph.  0,  T.  114),  and  similarly 
of  the  Great  Panhcllenic  games :  so,  when  we 
find  yp^/9ovAoi  jcol  B^mpoi  sent  by  different  Greek 
states  yearly  to  the  Eleutheria  at  Plataea,  the 
former  have  to  do  with  the  political  affairs  of 
the  confederacy,  the  latter  with  the  religious 
part  of  the  festival  (Gilbert,  Staattaiterth,  i.  91). 

But  we  are  specially  concerned  with  the 
theori  at  Athens.  Here  also  there  were  no 
standing  officials  so  called,  but  the  name  was 
given  to  those  citizens  who  were  appointed  from 
time  to  time  to  conduct  religious  embassies  to 
various  places ;  of  which  the  most  important 
were  those  that  were  sent  to  the  Olympian, 
Pythian,  Xemean,  and  Isthmian  games,  those 
that  went  for  any  purpose  to  consult  the  oracle 
at  Delphi,  and  those  that  led  the  solemn  pro- 
cession to  Delos  for  the  Apollinean  spring  festival, 
in  which  Pisistratus,  from  political  motives,  con- 
trived that  Athens  should  take  a  leading  part 
(see  1L  Curtitts,  Hitt,  of  Oreectj  i.  36  E.  T. ; 
Delia).  The  expense  of  any  such  embassy  was 
defrayed  partly  by  the  state,  partly  by  a  wealthy 
citizen,  to  whom  the  management  was  entrusted, 
cA  1  led  iLpxiB4wpos,  This  was  a  sort  of  Acirovpy^o, 
and  frequently  a  very  costly  one.  In  the  case 
of  the  Delphic  theoria  for  consulting  the  oracle, 
the  travelhng  money  provided  by  the  state  was 
not  large,  and  the  personal  expense  probably  also 
moderate,  but  a  considerable  sum  was  provided 
for  the  Delian  theoriae,  more  than  a  talent  for 
each  of  the  yearly  (lesser)  festivals,  and  (in  01. 
101.  3)  nearly  l|  talent  for  the  greater  quad- 
rennial festival  (see  Friinkers  note  u'   Boeckh, 


THEOBICON 


825 


Staataltamh,  i.'  272):  but  the  magnificence 
depended  mainly  on  the  liberality  of  the  archi- 
theoros,  to  whom  it  became  a  point  of  honour  to 
discharge  his  office  handsomely,  to  wear  a  golden, 
crown,  to  drive  into  the  city  with  a  fine  chariot,, 
retinue,  &c.  Nicias  is  reported  to  have  incurred, 
unusual  expenses  in  his  embassy  to  Delos ;  andi 
Alcibiades  astonished  all  the  spectators  at 
Olympia  by  his  display  (Grote,  Hiai.-  vi.  389,. 
vii.  72  ;  Thuc.  vi.  16). 

As  to  the  offices  of  the  Pythabtae  (UvBatercX)* 
and  Deliastae,  which  require  some  notice  here, 
there  is  a  difference  of  tradition ;  but  it  seems 
tolerably  certain  that  Harpocration  and  Hesy- 
chius  (s.  p.  AifAiooTol)  are  wrong  in  making  the 
Deliastae  =  B§wpol,  and  there  is  still  less  warrant; 
for  concluding,  as  most  modern  authorities  have- 
done,  that  both  the  Pjrthaistae  and  Deliastao 
had  this  meaning.  What  evidence  we  have  leada 
rather  to  the  conclusion  that  they  were  not  sent 
with  the  missions  at  all,  but  were  two  priestly 
families,  whose  duty  it  was  to  regulate  by 
observance  of  celestial  omens  the  time  foe 
starting  sacred  embassies  to  Delphi  and  Delos- 
respectively.  For  the  B^wpla  to  Delphi,  which 
made  the  yearly  offering  from  Athens  some  time 
about  June  (A.  Mommsen,  Heort.  815),  the- 
Pythaistae  through  a  period  of  three  months 
(April-June)  watched  at  the  altar  of  Zeirs  'Aorpa* 
iraTos,  looking  north wanls  to  Harma,  a  district 
in  Mount  Pamcs  near  Phyle.  Theoretically,, 
no  doubt,  if  no  lightning  appeared,  the  offering^ 
could  not  be  sent  at  its  normal  time  in  June ; 
but  as  modem  observations  (A.  Mommsen,  DelpJi^ 
p.  315)  show  that  there  is  always  a  great  deal 
of  lightning  in  that  district  during  those 
months,  it  is  probable  that  there  was  rarely,  if 
ever,  an  impediment.  The  omens  having  beem 
duly  observed,  when  the  embassy  to  Delphi  wa» 
started  the  Pythaistae  offered  sacrifice  in  the* 
Pythium  at  Oenoe:  the  Deliastae  (regarding 
whose  method  of  observing  omens  we  have  no 
definite  particulars)  sacrificed  for  the  Delian 
embassy  in  the  Delium  at  Marathon  (Strabo,  ix.. 
p.*404;  Athen.  vi.  p.  234  e;  Schol.  ad  Soph.. 
Oed,  Col.  1047 ;  Hesych.  a.  v.  iurrpJarrat  9i*' 
ipfULTos:  A.  Mommsen,  DelpMca,  p.  314;. 
Curtius,  Hiat  of  Greece,  ii.  p.  8;  Tdpffer,  Uh 
Hermeay  xxx.  pp.  321  ff.).  [For  the  sacred  ships- 
employed,  see  Tubobis.]    [C.R.K.]    [G.E.M.J 

THE(yRIA  (Btmpia}.    [Thbori.] 

THEO^IGON  (rh  9c«»puc^r:  rk  Btmpusd,  ac, 
Xfi^funa).  Under  this  name  were  comprised  the 
funds  expended  by  the  Athenian  state  on  festivals, 
sacrifices,  and  public  entertainments. 

There  were,  according  to  Xen.  de  Sep,  Ath., 
iii.  8,  more  festivals  at  Athens  than  in  all  the 
rest  of  Greece.  Some  festivals  of  course  were 
confined  to  the  members  of  a  particular  tribe» 
deme,  or  house  (Dexus;  PhylobasileibX  And 
these  were  provided  for  out  of  the  private  funds 
of  the  community  which  celebrated  them.  But 
there  were  also  many  public  festivals,  open  to 
the  whole  body  of  the  people.  At  the  most 
important  of  these,  as  the  Dionysia,  Pazta* 
THANAEA,  or  Thaboeija,  there  were  not  only 
sacrifices,  but  processions,  theatrical  exhibitions,, 
gymnastic  contests,  and  games,  celebrated  witlw 
great  splendour  and  at  great  expense.  A 
portion  of  this  expense  was  defrayed  by  the 
individuals  upon  «hom  the  burden  of  a  Ae<> 
rovpyia  fell  for  the  year,  but  a  considerable  part 


S26 


THEOBICON 


wa»  met  by  the  public  treasury  (t^  dif/iAriov,  rh 
KM96vy.  Tkni  UemoBtheneB  (p.  50)  complains 
that  a  Dionysiac  or  Panathenaic  festival  cost 
more  than  any  military  expedition.  The  re- 
ligious embassies,  too  [Theobi],  to  Delos  or 
I>elphi,  or  to  the  Olympic  and  other  great  games, 
drew  largely  on  the  public  exchequer,  though  a 
part  of  the  cost  fell  on  the  wealthy  citizen  who 
conducted  the  embassy  (the  ipxi^^po'i  *^ 
Pint.  Nic.  3 ;  Thnc.  Ti.  16). 

But,  besides  these  expenses,  the  festivals 
4>rought  with  them  largess  to  the  people.  The 
Attic  drama  was  at  first  performed  in  a  wooden 
theatre,  entrance  to  which  was  free.  But  the 
'Crowding  to  get  in  was  inconvenient  and 
dangerous,  and  after  an  accident  to  the  timbers 
about  B.C.  500  it  was  resolved  to  charge  an 
•entrance-fee  of  two  obols,  5i«^cXla  ([Dem.]  de 
Syni,  p.  169,  §  10).  This  fee  was  paid  to  the  lessee 
^f  the  theatre  (Jhorp^yrit,  9«arf>oin6A.i)s,  ^X'' 
r^jcTtfy),  who,  beside  paying  a  sum  to  the  state 
tfor  the  contract,  undertook  to  keep  the  theatre 
in  repair.  The  payment  continued  to  be  exacted 
■after  the  theatre  was  built  of  stone.  Pericles 
.(Plut.  Fer,  9),  to  relieve  the  poorer  citizens, 
passed  a  law  entitling  them  to  receive  the  price 
«f  admission  from  the  state — perhaps  beause 
plays  were  part  of  a  religious  ceremony  from 
which  it  would  be  impious  to  exclude  citizens. 
But  a  direct  grant  to  the  lessee,  or  a  reduction 
•of  his  contract,  would  have  been  a  measure 
leas  liable  to  abuse.  The  system  ended  for  a 
time  with  the  distresses  of  Athens  at  the 
•end  of  the  5th  oentnry,  but  was  renewed  by 
Agyrrhius. 

The  donation  was  presently  extended  to 
•«ntertainments  other  than  theatrical,  €.g,  the 
Panathenaea  (Dem.  Leoch,  p.  1091,  §  37),  the  sum 
•of  two  oboli  a  day  being  given  to  each  citizen 
who  attended.  To  multiply  two  oboli  thus  by 
the  number  of  days  seems  the  best  way  of 
•explaining  passages  in  which  the  amount  of  the 
Theoricon  is  put  higher ;  as  at  one  drachma  by 
Philochorus  in  Harpocration,  and  perhaps  by 
Lucian,  Dem,  Encom,  §  36 ;  or  at  four  obol8,*by 
Demosthenes  (ProAfi.  p.  1459) :  but  there  is  no 
direct  proof  to  be  had.  The  money  was  paid 
by  demes  (Dem.  Leoch,  \,  c).  Popular  leaders 
promoted  such  a  use  of  public  money;  the 
Appetite  of  the  populace  for  largess  kept  growing ; 
and  in  the  time  of  Demosthenes  the  well-to-do 
citizens  also  seem  to  share  in  the  distribution 
<[Dem.]  Phil,\iY.  p.  141,  §  38.  But  the  passage 
is  not  quite  clear,  and  the  speech  in  which  it 
occurs,  the  Fourth  Philippic,  is  not  genuine). 
Boeckh  {Staatshaushaitung,  ed.  3,  vol.  i.  p.  284) 
•calculates  that  the  sum  thus  spent  annually  was 
25-30  talents  or  more. 

This  mode  of  expenditure  naturally  starved 
other  state-services.  Surplus  revenue  should, 
by  the  old  law  ([Dem.]  c.  Neaer,  p.  1346,  §  4), 
have  been  carried  to  the  military  fund,  and 
Isocr.  de  Paoe,  §  82,  may  mean  that  surplus 
^pos  was  the  original  theoric  fund;  but  now 
•everything  that  could  be  spared  firom  other 
branches  of  expenditure  was  diverted  to  the 
Theoricon:  ol  y6fiot  rh  aroarurrucii  rots  oIkoi 
fi4¥owrt  ZuofifioiKFi  Btwpuei  (Dem.  Oh/nth,  iii. 
p.  31,  §  11);  and  the  supplies  needed  fur  war 
•were  left  to  depend  on  extraordinary  contribu- 
tions or  property-tax  (et(r4>opd).  In  B.C.  350 
Apollodorus  carried  a  decree  empowering  the 


THEOBIS 

people  to  determine  whether  the  surplus  revenue 
might  be  applied  to  military  purpoaes,  but  he 
was  fined  for  this  under  a  ypoipii  irupear6futy 
and  the  decree  annulled  (c,  Neaer.  pp.  1346-8). 
Eubultis  then  tried  to  perpetuate  tbe  existing 
system  by  a  law  making  it  a  capital  offence 
to  propose  to  divert  the  theoric  fund.  By 
this  law  Demosthenes  was  embamssed  in  his 
attempts  to  find  money  for  operations  against 
Philip  (see  bis  Olynthiac  speeches,  1  and  3),  and 
he  has  to  approach  the  question  of  the  theoric 
fund  very  gradually  (p.  14).  The  law  of 
Eubulus  was  at  last  repealed  in  338. 

Money  appropriated  to  the  theori<»  fond  was 
probably  at  first  disbursed  by  the  Hellenotamise. 
After  the  Peloponnesian  War,  however,  it  wss 
controlled  by  a  manager  or  board  of  mana);;ers 

Sol  M  rf  Bwpucft  Dem.  de  Cur,  p.  264,  {  113; 
f  M  r^  Betcput^  ^PX^*  Aeschin.  57),  who  were 
perhaps  elected,  one  from  each  tribe,  at  the 
per iod  of  the  Great  Dionysia.  (  But  it  is  uncertain 
whether  there  was  more  than  one  official;  see 
Boeckh,  vol.  i.  p.  225,  and  his  editor's  notes.) 
The  board  drew  to  itself  the  control  of  sll 
surplus  funds  and  of  many  other  branches  ot 
the  administration,  as  the  management  of  ciril 
expenditure,  the  office  of  Apodectae,  the  building 
of  docks,  arsenals,  and  streets.  This  encrosck- 
ment  was  due  to  the  anxiety  of  the  people  that 
no  part  of  the  revenue  should  be  diverted  from 
the  theoric  fund. 

(Harpocr.and  Suidas,s.  r.  B^mpuAr  and  Z^^w 
Xof:  Libanius,  Argument  to  Demoath.  (M,  1; 
Ulpian  on  Demosth.  01,  1 ;  Boeckh,  StaatthauB- 
haltung  der  Athener,  ed.  3.)  [F.  T.  R.] 

THE(yBIS  {BMpls)j  a  trireme  kept  for 
sacred  embassies  [see  Thsori].  Of  these  ships 
it  seems  that  there  were  at  Athens  in  early 
historic  times  three, — the  Delian  (AivAia),  the 
Salaroinian  {Xa\afU¥la),  and  the  Paralus  (hd^ 
Xof).  The  first  was  so  called  because  it  wss 
used  (probably  exclusively)  for  Deltan  theonse ; 
the  second  because  it  was  manned  originally  br 
natives  of  Salamis  (<raXa^ioi) ;  and  the  third 
because  it  was  manned  by  sailors  from  the 
Paralia  (vapuXm  or  vapakirat).  Boeckh  indeed 
says  that  there  were  only  two,  and  makes  Mia 
another  name  for  the  Scdammia  ;  but  we  should 
rather  follow  SchOmann  (jkntiq,  of  Greeeej 
p.  441,  £.  T.)  in  separating  these  ships:  the 
language  of  Plato  {Phaed,  p.  58)  and  of  Platarch 
{Thee,  3)  seems  to  us  quite  impoesible  to  recon- 
cile with  the  view  that  the  ancient  ship  used 
for  the  Delian  embassy  was  the  SalsnuaiA. 
Each  writer  (and  Plato  with  especial  distinct- 
ness) speaks  of  the  ship  as  though  it  had  con- 
nexion with  the  Delian  theoria  only,  it  is  desr 
from  their  account  that  the  Delia  was  a  very 
old  ship,  traditionally  dating  from  Theseus,  sad 
constantly  renewed  with  fresh  timbers,  so  thst, 
according  to  Plutarch,  its  case  was  used  to  illus- 
trate things  which  are  the  same  and  yet  not  the 
same:  the  state  of  the  Victory  at  Portsmouth 
aflbrds  a  modem  parallel  of  a  ship  thus  con- 
stantly patched  because  it  is  a  relic.  This  does 
not  agree  with  our  knowledge  of  the  Salaniini«t 
which  was  a  fast-sailing  ship  used  for  various 
state  purposes,  and  even  in  naval  battles.  Wkea 
the  embassy  to  Delos  was  started,  either  at  the 
greater  (quadrennial)  or  the  lesser  (anansi) 
fejitival,  the  Delian  ship  was  crowned  with  lattrel 
by  the  priest,  and  so  sent  forth  j  the  period  of  its 


THEOXENIA 


THEOXENIA 


827 


•nbMnce  gave  a  respite  to  criminals  (Plat.  L  c. ; 

1)£UA). 

The  other  two  ships  were  built  and  manned 
for  speed,  and  were  used  not  only  to  convey 
theori  over  the  s^a  part  of  their  journey,  but 
bUo  to  carry  state  despatches,  to  fetch  state 
criminals  who  were  summoned  home,  and  to 
bring  tribute;  they  served,  moreover,  as  war- 
ships (Thuc.  iii.  33,  vi.  53,  61,  viii.  74 ;  Aristoph. 
Av.  147,  1204;  Aesch.  m  Ctes.  §  162;  Phot. 
9.  V.  rdpaXotf  vc^mAos).  Boeckh  accuses  Photius 
of  erroneously  regarding  these  two  ships  as  one, 
but  the  wonls  of  Photius  (t.  o.  vdpaXot)  in 
speaking  of  the  Paralus  are  \4yrrM  8i  i^  a^^ 
seal  Xa\afu¥la'  0(rrcpor  9h  AXAcu  96o  vpoa§y4' 
¥orro  abrtus :  the  last  word  shows  that  i^  aurii 
must  mean  ^  of  similar  character  "  ;  under  the 
word  vdpaXos  he  plainly  distinguishes  the  two. 
The  crew  of  the  Paralus  (and  beyond  a  doubt  of 
the  Salamioia  also)  were  always  held  in  readi- 
oess,  receiving  four  obols  a  day  throughout  the 
year.  To  this  payment  we  may  refer  the  office 
of  treasurer  {rofdas  rris  IlapaXov,  I)em.  Ifeid. 
p.  570,  §  173),  and  we  may  fairly  assume  that 
«ach  of  the  sacred  ships  had  a  treasurer ;  at  sea 
they  were  commanded  by  pobapxoi  (Boeckh, 
StaaUhaus.  i.  p.  307  ;  Schumann,  /.  c).  Friinkel 
in  his  note  (299)  shows  that  Boeckh  is  mistaken 
in  supposing  that  for  these  ships  there  were 
Also  trierarchs.  The  expenses  of  the  sacred 
ships  were  borne  by  the  state,  and  the  radius 
in  their  case  provided  at  the  cost  of  the  state 
all  that  for  other  ships  was  provided  by  the 
trierarch. 

In  later  times  we  find  also  the  names  of 
Ammonis,  Autigonis,  and  Demetrias;  and  still 
later  the  Ptolcmais  (Plin.  H,  N.  xxxv.  §  101 ; 
appendix  to  Phot.  p.  676,  ed.  Person ;  Harpocr. 
9.  V.  'AtLfun^is).  Of  these  the  first,  built  in  the 
time  of  Alexander,  received  its  name  because  it 
was  specially  intended  to  convey  theoriae  to 
Zeus  Amraon :  it  seems  to  have  taken  the  place 
of  the  Salaminia.  (Schonmnn  thinks  it  an  addi' 
tional  ship,  but  see  Boeckh,  p.  307,  and  Friin- 
kel's  note.)  The  subsequent  addition  of  the 
Antigonis  and  Demetrias  thus  i-aised  the  number 
to  four,  as  stated  by  Photius ;  fur  the  Demetrias 
no  doubt  replaced  the  ancient  Delia,  which 
lasted  only  till  the  time  of  Demetrius  (Plut. 
i.  c).  The  names  of  these  later  ships  and  of 
the  Ptolemais  suggest  a  closer  connexion  with 
political  and  less  with  religious  business. 

[G.  E.  M.] 

THEOXE'KIA  (^co^^yia;  often  simply 
t^yia;  sometimes  Btdaltria)  were  sacred  feasts 
provided  for  gods  or  heroes,  at  which  the  deities 
were  usually  regarded  as  the  guests ;  but  some- 
times as  the  hosts,  inviting  certain  mortals  to 
partake.  From  these  Greek  feasts  the  Roman 
lectittemia  were  borrowed  [Lbctistermium]. 
We  must  guard  against  the  idea  that  the  Delphic 
Theoxenia  was  the  original  feast  of  this  kind. 
Not  to  speak  of  other  nations  where  similar 
observances  are  found,  we  have  early  indications 
of  them  among  the  Greeks.  Such  was  the 
banquet  in  Homer  (J7.  i.  425),  at  which  the 
gods  (0col  8«i8cKa,  Schol.)  were  entertained ;  and 
hence  jcoiiH^  iopr^  tratri  rois  Ocoif,  which  is  the 
explanation  of  cUto^dtna  in  Heaychius,  may  be 
taken  to  mean  that  it  included  the  twelve 
Olympian  deities ;  a  meaning,  however,  which 
must  be  greatly  extended.     There  can  be  no 


doubt  moreover  that  the  cult  of  special  gods  or 
heroes  was  from  a  very  early  time  preserved  in 
certain  families  or  tribes,  who  thereupon  set 
apart  a  table  on  certain  occasions,  such  as  birth- 
days (cf.  Eur.  Ion,  805)  or  times  of  success  and 
victory,  in  their  honour  (see  Herod,  vi.  127  ; 
Pind.  01  iii.;  Plat  Lya.  p.  205  D).  This 
family  observance  is  attested  not  only  by  men- 
tion in  Greek  writers,  but  also  by  inscribed 
votive  tablets  (see  Deneken,  de  TheoxenUs, 
p.  14) :  the  history  of  the  Potitii  may  be  com- 
pared with  it  (Liv.  i.  71 ;  Diod.  iv.  21 ; 
Sacra,  p.  578  a).  The  entertainment  is  com- 
monly spoken  of  merely  as  l^ria,  which  word 
may  be  used  of  public  as  well  as  private 
theoxenia  (compare  Eur.  HeL  1666;  C  /.  G. 
p.  1074 ;  Schol.  ad  Nem,  vii.  68,  ad  01,  iii.  1). 

From  the  gentile  or  family  cult  probably 
arose  the  more  public  or  national  theoxenia, 
among  which  should  be  specially  noted  the 
Delphio  Theoxenia,  which  gave  the  name  to 
the  Delphic  month  Theoxenios  (March-April). 
This  was  probably,  as  A.  Mommsen  remarks, 
an  'ancient  festival,  existing  before  the  time 
when  Apollo  reigned  at  Delphi ;  and  Zeus  was 
originally  the  chief  of  the  divine  guests,  for 
which  reason  this  month  was  sacred  to  Zeus 
{Delphica,  p.  87).  In  historical  times  Apollo 
and  Latona  were  specially  honoured  at  this 
Delphic  feast.  In  this,  as  in  other  similar 
ceremonies,  the  gods  seem  to  have  been  supposed 
to  feast;  not  all  at  one  table,  but  at  several 
tables,  singly  or  in  pairs :  a  couch  {arp^funi  = 
pulvittar)  spread  with  cushions  was  placed  by 
each  table.  It  does  not  appear  to  have  been 
necessary  in  Greek  custom  to  place  the  statue 
of  the  deity  on  his  or  her  couch,  as  was  done  in 
the  Roman  lectisternium,  though  that  this  was 
sometimes  (perhaps,  as  Deneken  says,  frequently) 
done,  appears  from  Val.  Max.  ii.  2,  1.  The  god 
or  goddess  was  imagined  to  be  present  on  the 
allotted  couch,  and  in  vase-pictures  this  spiritual 
presence  is  indicated  by  some  representation  of 
the  deity,  as  in  the  picture  of  a  arpAfumi  for  the 
Dioscuri,  shown  on  page  16  of  this  volume. 
Athenaeus  (ix.  p.  372  a)  mentions  a  curious 
custom  that  the  Delphians  offered  leeks  (7i)0vA- 
A/Scf)  to  Latona  at  this  festival,  and  that  the 
offerer  of  the  largest  leek  received  a  portion  of 
the  feast  from  the  table  of  Latona.  (For  various 
explanations  of  this  custom,  see  Delphica, 
p.  301 :  Deneken  regards  it  as  a  sort  of  prize 
for  agriculture.)  The  favour  of  Apollo  to 
Pindar  was  shown  by  a  special  invitation  to  his 
table,  the  inspired  priest  crying  Uiwiapos  trv 
M  Scnryor  rov  Bm, — an  honour  which  was 
continued  for  his  descendants,  and,  as  it  appears, 
not  on  this  festival  only.  The  Delphian  priests 
were  ex  officio  guests  with  the  gods  on  this  day, 
as  representing  the  mortal  participants  [com- 
pare PARASlTl]. 

But  it  would  be  an  error  to  suppose  that 
Apollo  was  the  deity  most  commonly  so  hon- 
oured. Not  to  mention  a  similar  entertainmeut 
of  Zeus  Soter  and  of  Pluto  at  Athens  (Athen. 
vi.  p.  239 ;  Kohler  in  Herm.  vi.  7  ;  Denekcu, 
p.  4X  and  of  Bacchus  and  Aesculapius  (see 
below),  it  must  be  observed  that  the  favourite 
divine  guests  in  Greece  were  deified  heroes,  pro- 
bably because  they  had  more  frequently  tradi- 
tional ties  of  hospitality  with  certain  families, 
as  well  as  because  they  formed  a  link  between 


828 


THERMAE 


THE8EIA 


gods  and  men.  Hence  it  is  that  we  often  find 
Heracles  feasted  by  mortals,  and  that  by  far  the 
commonest  diTine  guests  were  the  Dioscuri : 
indeed  some  writers  appear  (erroneonsly,  as  it 
seems  to  as)  to  make  the  cult  of  the  Dioscuri 
the  origin  of  Theoxenia.  This  entertainment  of 
the  Dioscuri  was  widespread,  particularly  of 
course  in  Doric  states,  Sparta,  Agrigentum,  &c. 
(Eur.  Hel  1666 ;  Find.  01,  iii. ;  Bacchyl.  op. 
Athen.  vi.  p.  400 ;  C,  L  Q.  it.  2338,  2374) ;  but 
also  at  Athens  in  the  Prytaneum  (Athen.  iy. 
137  e).  For  the  r^resentation  in  works  of  art, 
see  the  vase-painting  alluded  to  above,  and  also 
a  relief  at  Paris  from  Larissa  (cf.  Newton,  Trans, 
of  Royal  Soc.  of  Lit.^  ser.  2,  vol.  ix.  p.  436  ff. ; 
FrShner,  Vases  Orecques  de  Cameiros).  The 
latter,  by  its  figure  of  Victory,  shows  that  one 
motive  for  the  entertainment  was  the  idea  that 
the  Twins  gave  aid  in  battle,  as  at  Regillus.;  and 
this  is  borne  out  by  a  passage  in  Polyaenus 
(^Strat,  vi.  1),  where  Jason  of  Pherae  professes  to 
entertain  ((cr^C^i)  the  Dioscuri,  on  the  ground 
that  they  had  given  him  victory  (cf.  Diod.  viii. 
32).  For  notice  of  votive  tablets  commemorating 
these  theoxenia,  see  Deneken,  pp.  15-24.  Next 
to  the  Dioscuri,  perhaps  Bacchus  was  more  often 
the  entertained  or  entertainer  at  mortal  feasts 
than  any  other  divine  being  (cf.  Pans.  i.  2,  5 ; 
vi.  26,  1 ;  Athen.  xi.  p.  465  a).  At  Andros  in 
this  festival  there  was  a  miraculous  contribu- 
tion of  wine  flowing  from  the  temple  (Pans.  vi. 
26,  3).  The  special  name  BtoMffia  was  given 
to  these  entertainments  of  Bacchus  (Hesycb.) ; 
see  also  the  relief  in  Baunteister,  JJenhn. 
fig.  1849.  For  the  tradition  of  Sophocles  enter- 
taining Aesculapius,  see  Pint.  iVtim.  iv.  16 ; 
Etym,  Mag,  s.  v.  At^imy :  cf.  Paus.  x.  32,  8. 

(On  this  subject,  see  A.  Mommsen,  Dslpkioa, 
pp.  94,  299-308 ;  Baumeister,  Bcnkn,  p.  1764, 
and  especially  a  dissertation  by  Deneken,  de 
Theoxeniis,  Berlin,  1881.)  [G.  El  M.] 

THERMAE.    [Balneae.] 

THERMOPO'LIUM.  [Cauda  ;  Caupona.] 

THESAURUS  (Bn(rwp6s),  a  storehouse, 
treasury.  The  name  is  commonly  used  both  in 
a  correct  and  an  incorrect  significance,  when 
applied  to  surviving  buildings;  but  as  the  in- 
correct meaning  is  at  least  as  old  as  Pausanias, 
it  is  also  included  here.  There  are  (1)  the 
treasuries  of  various  Greek  cities  dedicated  at 
Olympia  and  Delphi,  (2)  the  so-called  treasuries 
at  Orchomenus,  Mycenae,  and  elsewhere. 

(1)  At  Olympia  the  whole  row  of  treasuries 
described  by  Pausanias  has  been  unearthed.  In 
architectural  form  they  are  like  small  temples 
of  the  Doric  order,  and  so  are  actually  called 
vaoX  by  Polemo  (ap,  Athen.  xi.  489-90).  They 
consist  of  an  oblong  chamber  with  a  small  pro- 
domus,  usually  in  antis ;  the  •  treasury  of  the 
Geloans  has  a  portico  in  front,  and  also  internal 
columns.  They  were  erected  at  various  periods 
to  contain  the  costly  offerings  made  by  those 
who  dedicated  them ;  but  later  seem  to  have 
been  used  to  contain  other  treasures  and  works 
of  art  requiring  protection  by  a  building  (Paus. 
vi.  19).  The  treasuries  of  various  cities  at 
Delphi  were  probably  of  similar  form,  and 
served  a  similar  purpose  (Paus.  x.  11). 

(2)  For  the  circular  sepulchral  buildings, 
falsely  called  "  Treasuries,"  such  as  the  "  Trea- 
sury "  of  Atreus  at  Mycenae,  see  Sepulcbum, 
p.  644  a. 


(B<5tticher,  Olympia,  2nd  edit.,  Berlin,  1886, 
pp.  207  sqq,\  Richter,  de  Thesauris  Olympiac 
efforsiSj  Berlin,  1885;  Kaumeister,  DenhnSicr 
des  classischen  AltertkwnSy  art.  ''Olympia,'* 
pp.  1104  B  sqq, ;  Schliemanh,  JExptcraHon  of 
the  Boeotian  Orchomenus :  Journal  of  Edlenic 
Studies,  1881,  pp.  122  sqq.;  Schlieman% 
Mycenae,  pp.  227  ff. ;  Thiersch,  Die  Thohs  der 
Atreus  zu  Mykenae,  in  Mittheilungen  des  deutsc^^en 
Insiituts  zu  Athen,  1879,  pp.  177  sqq.)  [E.  A  G.] 

THESEIA  (0ii<rtid).  The  festival  in  honour 
of  Theseus  dates  firom  Cimon,  who,  in  obedience 
to  an  oracle  from  Delphi  (for  the  historical  and 
political  significance,  see  Grote,  JJist.  v.  413  ff.\ 
brought  the  bones  of  Theseus  from  Scyros  and 
buried  them  in  the  spot  upon  which  the  Theseam 
was  built.  From  this  act  date  the  annual 
iinrdpui,  or  funeral  rites  in  honour  of  national 
heroes  and  of  all  who  died  in  battle  for  Athens, 
including  in  war-time  a  funeral  oration  over  the 
dead  [cf.  Fu»U8,  Vol.  I.  p.  887  6].  It  is  true 
that  we  hear  of  itrtrd^ta  earlier  than  this  in 
memory  of  those  slain  at  Marathon  and  Plataea 
(Diod.  xL  33 ;  Dionys.  v.  17) ;  but  these,  like 
many  other  funeral  rites  and  games  in  varioos 
times  and  places,  were  celebrated  on  the  spots 
where  the  battles  were  fought.  The  Epitaphia 
at  Athens,  with  the  sacrifices,  feasts,  sod  ors- 
tions  belonging  to  them,  should  not  be  placed 
earlier  than  469  B.a,  and  we  may  assume  Cimon 
or  one  of  his  contemporaries  to  be  ^  rhw  Xirpar 
vpooe^ts  (Thuc.  ii.  35:  Curtius  here  is  to  be 
followed  rather  than  Grote).  The  ceremonies  of 
the  lirtrd^ta  were  conducted  by  the  Polemarch 
(Poll.  vi.  91 ;  ARcnON,  Vol.  I.  p.  168),  but  the 
oration  was  made  by  some  man  specially  chosen 
for  the  occasion  (Thuc.  i.  34). 

The  whole  Theseus-festival  comprised  on 
different  days  of  the  month  Pyanepsion  several 
distinct  ceremonies,  which  have  been  elsewhere 
particularly  described,  partly  representing  the 
story  of  Theseus,  partly  the  funeral  rites  which 
had  become  connected  with  his  festival.  The 
word  97!ffM  may  be  used  generally  of  the  whole 
(Aristoph.  Plut.  621),  but  it  is  usual  to  find 
the  separate  ceremonies  mentioned  under  their 
own  name,  and  where  we  find  ^<rcui  alone  it 
commonly  refers  to  the  offering  and  banquet  on 
8th  Pyanepsion  and  the  games  of  the  fbllowio^ 
day :  the  phrase  ^tiirtia  teal  hrvrd^in,  which  i^ 
often  found  in  inscriptions  (see  HeorteH.  p.  282), 
means  that  day  of  the  Theseus- festival  on  which 
the  htvri^uk  took  place. 

The  Calendar  of  the  whole  festival  may  be 
thus  described  (following  the  arrangement  of 
A.  Mommsen) : — 

Pyanepsion  VI.,  the  tcvfitptr^a-ta  or  steersmsn's. 
festival,  to  commemorate  the  return  of  Tbeseas* 
celebrated  at  Phalerum,  where  there  were 
shrines  (^pf  a)  of  Nausithous  and  Phaeax,  the 
KvfitprfiTTis  and  vpwpc^f  of  the  expedition  (Plut. 
Thes.  17).  (In  those  years  when  there  was 
occasion  of  a  public  funeral  for  citixens  slain  in 
battle,  their  bones  *'  lay  in  state  "  on  Pyanepsion 
V.  and  VI.) 

Pyanepsion  VII.,  the  day  of  Ptaskpsia:  the 
tl^iltrts  rw¥  hairpimw  having  begun  with  the 
evening  of  the  6th  (  =  the  beginning  of  P.  VII.). 
the  feasting  on  this  food  belonged  to  the  whole 
of  the  day.  In  the  morning  of  this  day  took 
place  the  OscnOPHORiA:  in  the  afternoon  the 
hririi^  (and  in  time  of  war  the  oratioB  over 


THESMOPHOWA 


THBSMOPHORIA 


829 


the  dead.  The  sacrifice  for  the  sl«iin  Amaxons 
seems  to  have  been  on  this  day,  wph  rmy  0i}0r«iwK, 
Pint.  Thes,  27).  [F»r  details  see  OSCHOPHOBIA ; 
PrANBFSIA.] 

Pyanepsion  VIII.  On  thev  evening  of  the  7th 
^  =  the  beginning  of  P.  VIII.)  took  place  the 
offering  and  banquet  in  honour  of  Theseus, 
and  a  torch-race  for  the  lirird^ta :  in  the  day, 
gymnastic  contests  (cf.  Gell.  xv.  20,  3). 

Pyanepsion  IX.  Equestrian  exercises,  pro- 
cessions, and  contests.  To  these  last  two  days 
belonged  especially  the  name  ^^o'cia.  (For 
a  fuller  discussion,  see  A.  Mommsen,  Heortologiej 
pp.  269-287 ;  and,  for  the  history  of  the  rase- 
illustration,  Harrison,  Mythology  and  Monwrumts^ 
pp.  xcviii.-cxlviii)  [G.  £.  M.l 

THESMOPHO'BIA  (9^fffuHp6pia).  The 
£leusinia  and  the  Thesmophoria  were  the  two 
^eat  festivals  held  in  Attica  in  honour  of 
Demeter.  The  Athenian  Thesmophoria,  which 
is  the  best  known  festival  of  the  name,  was 
solemnised  exclusively  by  women  at  the  time  of 
seed-sowing  in  October  in  honour  of  Demeter 
Thesmophoros.  The  many  points  of  interest 
attaching  to  the  festival,  over  and  above  the 
fact  that  Aristophanes  has  written  an  amusing 
comedy  on  the  subject,  will  perhaps  justify  a 
somewhat  lengthened  discussion  on  its  nature 
and  significance. 

1.  DaneUr  Thosmopkoros. — ^The  idea  in  Bw/iol, 
Biiuar^t  (cf.  Hesych.  t.  v.),  and  words  derived 
therefrom,  is  ordinances  as  the  expression  of  the 
will  of  a  divinity,  enactments  or  injunctiona 
invested  with  the  halo  of  religion,  B^vfthv  rhy 
fAOip6Kpavroy  ix  9c«r  M4yra  rdXttoPf  as 
Aeschylus  says  {Ewn,  391);  and  as  each  the 
term  is  sometimes  applied  even  to  written  laws, 
€,g»  Draco's  (Plut.  Sol.  19 ;  cf.  Grote,  iii.  76) 
and  Solon's  own  (Solon,  /Vay.  36  [25],  16,  which 
shows  that  Aelian,  F.  H.  viii.  10  fin,,  is  in 
error).  We  have  been  taught  by  Sir  H.  Maine 
(Ancient  Law,  p.  4  fT.)  that  the  very  earliest 
notion  of  law  was  the  Bifiurrts  of  Homer,  strictly 
individual  (cf.  Phot  87,  16)  judgments  or 
**  dooms,"  supposed  to  be  imparted  by  S4fus  to 
the  king,  who  was  a  judge,  not  a  lawgiver. 
The  Btfffiali  we  are  now  referring  to  are  some- 
what more  universal  than  these.  The  09<rfu>i, 
says  Preller  {Demeier  und  Persephone,  350), 
were  ordinances  given  by  each  god  inside  his  own 
sphere,  so  Btvfibs  *Aipaa79ias  (Plut.  de  Fato, 
4  =  ii.  570).  They  were  the  law  of  the  early 
patriarchal  agei;  and  a  patriarchal  system  of 
rule  was  the  first  which  emerged  when  mankind, 
arrived  at  the  agricultural  stage,  came  to  follow 
a  settled  mode  of  life  and  live  in  communities. 
Now,  Demeter  was  the  divinity  who  presided 
over  agriculture  and  all  the  settled  laws  and 
customs,  the  civilisation  in  fact,  which  it 
involved  (Isocr.  Panegyr,  28);  the  Athenians 
boasted  that  com  and  laws,  wpohs  koI  y6fiovs, 
were  first  introduced  into  their  lattd'(Aristot. 
in  Diog.  Laert.  v.  17):  Demeter  it  was  who 
taught  men  to  sow  the  earth  and  reap  the 
fruits:  Demeter  it  was  who  was  reported  to 
have  founded  marriage,  itself  a  kind  of  hus- 
bandry (jhr*  iipSr^  voiftMr  yytiffU$y,  as  ran  the 
Athenian  formula  of  marriage :  Ludan,  TTm.  17  : 
cf.  Aesch.  Theb.  753;  Soph.  0.  T.  1498;  Eur. 
Fhoen.  18;  Plat.  Menex.  238;  the  0col  wpenipjatoi 
to  whom  sacrifice  was  offered  before  marriage, 
Plut.  adv.  ColoL  22  =  ii.  1119:   and  the  meta- 


phor is  retained  even  in  English,  cf.  Shakespeare's 
AnU  and  Cleop,  ii.  2,  233),  to  have  thus  raised 
men  above  the  life  of  savaees,  to  have  been  the 
founder  of  the  family,  and  thus  to  have  rendered 
the  foundation  of '  cities  possible,  '*  et  leges 
sanctas  docuit  et  cara  jugavit  Corpora  conubiis 
et  magnas  condidit  urbes,"  as  the  Roman  poet 
Calvus  sang  (op.  Serv.  ad  Aen.  iv.  58).  As 
such  Demeter  is  B^a-fxo^pot  (Diod.  v.  5\  Otfffjiia 
(Pans.  viii.  15,  IX  B9(rii6$ms  (Comut.  N.  D,  28), 
legifera  (Verg.  Aen,  iv.  58).  The  priestess  of 
Demeter  imparts  the  irdrptos  Btfffj^s  to  the 
bridegroom  and  bride  in  the  nuptial  chamber 
(Plut.  Praecep,  Cong,  init.  =  ii.  138 ;  cf.  also 
Ael.  V.  H,  xii.  47) ;  a  woman  guilty  of  illicit 
connexion  was  said  i$4ff/ms  avyy^yofidyii  (Schol. 
to  Aristid.  p.  22),  opposed  to  yi/Ms  M  vaialy 
MtviMS  (Heliod.  i.  25) ;  the  consummation  of 
marriage  is  certainly  meant  by  B^fffths  in  the 
Odyssey  (xxiii.  296),  where  Ulysses  and  Penelope 
after  all  their  troubles  hinrdatot  Xdicrpoio  vaXatov 
B^fffihy  tKoyro  (no  matter  what  Ameis  says); 
the  matrons  swore  by  the  goddesses  of  Eleusis 
to  remain  faithful  to  their  marriage  vow 
(Alciphr.  iii.  69) ;  the  young  girls  prayed  to 
Demeter  for  a  husband  (ib.  ii.  2,  6).  At  the 
Thesmophoria  many  references  were  made  to 
the  fruitfulness  of  marriage ;  and  the  invocation 
(Aristoph.  Thesm.  296-3<K))  of  yrj  KovpoTp6^s 
and  Calligeneia  (see  below,  §  3  A)  has  a  similar 
reference. 

The  fundamental  principles,  then,  of  an 
agricultural  and  therefore  settled  life,  and  of 
the  constitution  of  the  &mily,  are  the  BttrfAol 
A^fiTfrpos,  Little  different  are  the  'Maws  of 
Triptolemus,"  who  was  reputed  one  of  the  most 
ancient  lawgivers  (Porphyr.  de  Abstm,  iv.  22, 
p.  387),  which  are  veritable  Bwyual,  viz.  to  honour 
one's  parents,  to  delight  the  gods  with  an  offiering 
of  the  crops,  and  not  to  ill-treat  the  domestic 
animals  (Pans.  i.  37,  6).  Another  Bwfibs  of 
Demeter,  ^r  ii^  xaBdp^s  ieiiK4evs  ou  fi^  ^dr/iis 
(Diogenian.  v.  17 :  said  to  be  from  the  Tripto- 
lemva  of  Sophocles,  but  not  given  by  Dindorf  and 
placed  by  Nauck,  Frag,  Drag,  p.  868,  among  the 
Adespota),  recalls  the  scriptural  (2  These,  iii.  10) 
*'  if  any  would  not  work,  neither  should  he  eat," 
and  that  earliest  and  justest  of  BfVfAoi  (Gen.  iii. 
19),  ^  In  the  sweat  of  thy  face  shalt  thou  eat 
bread."  Similar  laws  of  Buzyges  have  been  before 
alluded  to  under  Arotoi  Hieroi.  Finally,  to 
give  some  indirect  evidence  that  Deroete/was 
the  goddess  of  laws  and  civil  society,  it  was  in 
her  temple  that  the  Amphictyonic  assembly  at 
Thermopylae  was  held  (Herod,  vii.  200),  and 
meetings  of  the  Achaean  League  were  held 
under  her  auspices  at  Aeginm  (Pans.  vii.  24,  3)  ; 
a  pig  was  sacrificed  to  Demeter  at  Athens  by 
the  vtpiffrlapxoi  l>efore  the  assembly  opened 
(Schol.  on  Aristoph.  Ach.  44),  and  Demeter  was 
one  of  the  goddesses  by  whom  oaths  were  taken 
(Demosth.  TimarcA,  p.  747,  §  151 ;  Calipp. 
p.  1238,  §  9X  for  she  was  patroness  of  the 
assembly  of  the  people. 

The  expression  of  reverence  which  the  Greeks 
felt  towards  Demeter  for  all  these  blessings  is 
well  set  forth  by  Diodorus  (v.  5)  in  a  passage 
which  deserves  quotation:  oIk  i^ioyih  irapaXtwuy 
r^f  0«ov  ra6rri9  riiy  bwtpfioXiiy  rris  «ls  rohs 
Mp^ovs  ebtpyMvtas,  x*P^'  7^P  "v^'  tlpiatms 
rov  fflrov  r4iv  re  Kwrtpywrlea^  abrov  rois 
hyBp^ov%  ISfSa|<,  ical  wiiwvs  ^Icirrh^en'o  koB* 


830 


THESMOPHORIA 


oifs  ZiKOiOwpayuf  uBitrOi^aeiM.  5i*  ^¥  cur/ay  ^turlv 
avr}^,¥  B€(rfA0^6pop  imvoficurO^yat'  roHrttv  Z\ 
r&y  tiffJifidrwtf  ovk  &y  rts  Mpay  thtffy§(r(€Uf 
€lipQi  fui(ora '  Kol  yiip  rh  (ifp  koI  rb  koXSs  ^y 
ir*pt4xovtrt. 

2.  I^  origin  of  Theamophoric  worship. — The 
worship  of  Demeter  wu  said  to  have  been  intro- 
daced  into  Attica  by  the  Gephyraeans  (ct*.  Herod. 
V.  57,  61 ;  Preller,  Demeter  und  Persephone^ 
pp.  391-5).  These  stated  themselves  that  they 
came  from  Eretria  originally,  but  Herodotus 
thinks  that  they  were  PhoenicianK.  They  lived  at 
Tanagra  in  Boeotia,  which  had  been  formerly 
called  Ti^vpa  {Etym.  J/.).  When  the  rest  of  the 
Cadmeans  were  driven  out  by  the  Argives  and 
went  to  the  Encheleis,  the  Gephyraeans  remained 
in  Boeotia  at  first;  but  later,  being  expelled 
by  the  other  inhabitants  of  that  country,  they 
turned  to  Athens.  The  Athenians  made  them 
citizens  on  special  terms,  M  prirots :  which 
were  probably  to  maintain  in  repair  the  bridges 
over  the  river  Cephisus  (Lyd.  de  Mens,  viii. 
p.  45  ;  Etym.  if.  s.  v.  Tc^vpcif ),  for  that  art  was 
considered  recondite  in  early  times  (cf.  Fr. 
Lenormant,  Vote  Sacree  JSieusiniennej  p.  247); 
and  with  injunctions  to  keep  aloof  from  the 
other  citizens  in  many  respects.  They  had 
temples  and  rites  special  to  themselves  (though 
these  cannot  have  long  remained  secret :  cf. 
Schol.  on  Aristoph.  Ach.  708),  and  among  these 
the  temple  and  rites  of  Demeter  Achaea 
(Herod.  /.  c). 

This  Demeter  Achaea,  tlie  mater  dolorosa  of 
the  ancients,  was  so  called  from  her  mourning 
{&Xosy,  not  fVom  tlie  Ijx^^  ^^  cymbals  used  in 
search  for  Cora  (for  amongst  other  reasons  the 
A  in  *Axa<^  i>  short),  and  corres}.M)nds  to  the 
Ceres  deserta  mentioned  by  Virgil  {Aen.  ii.  714 : 
of.  Pint,  de  laid,  et  Osirid.  69 ;  Lobeck,  Aglaoph, 
1225,  note  x).  Welcker  {Griech.  GdtterL  i.  359) 
thinks  the  original  derivation  is  from  yaitt  with 
a  prosthetic  a,  and  that  it  refers  to  Demeter's 
cliaracter  as  Earth-eoddess ;  and  he  compares 
such  forms  as  fioBvxdios,  thx^^h  '^P^X^H'  ^"^ 
the  derivation   is   probably  onomatopoeic,  and 

similar  to  that  of  the  obsolete  Hebrew  HMK,  **  to 
cry  ah!  ah  I"  whence  comes  D^Hk,  ''owls,*' 
xUtUae,  in  Isaiah  xiii.  21.  We  are,  of  course,  not 
necessarily  to  derive  the  Greek  from  the  Hebrew. 
Indeed,  none  of  the  attempted  Semitic  derivations 
have  much  to  8up[H)rt  them  (cf.  Mommsen, 
Heort.  29,  note)  ;  but  it  may  be  mentioned  that 
Hitzig  and  Fr.  Lenormant  identify  the  Gephy- 
raeans with  the  Geshurites  of  Josh.  xiii.  13, 
1  Sam.  xzvii.  8.  **  E^  and  M  are  constantly  inter- 
changed in  Semitic,  0  and  0  in  Greek,"  says 
Lenormant  {La  legende  de  Cadmtu  in  Annaies  de 
FhO/jsophie  chr^tiennef  xv.  (1867),  79),  though 
they  draw  opposite  conclusions,  Hitzig  main- 
taining that  the  Geshurites  were  Aryans,  Lenor- 
mant that  the  Gephyraeans  were  Semitic. 

Again,  the  worship  of  Demeter  Thesmophoros 
is  connected  with  Cadmus  of  Thebes,  both  of 
them  "  orderen."  The  temple  of  the  goddess 
had  formerly  been  the  house  of  Cadmus  (Pans, 
ix.  16,  5).  Cadmus  and  indeed  the  whole 
grouping  of  the  city-divinities  of  Thebes  bespeak 
a  Cabirian  origin.  In  Aristoph.  Thesm.  300, 
among  the  divinities  specially  connected  with 
Demeter  we  find  Hermes  and  the  Charites.  Now, 
Kdifios  hdywrat  6  'EpA^^f,  as  Etym.  Gud.  (s.  t.) 


THESMOPHOKLl 

I  snys ;  he  is  the  attendant  on  the  Great  Goddesses^ 

like  the  Cadniilus  of  Samothrace :   and  if  the 

I  Charites  (cf.  also  C.  /.  A,  5)  t^ike  the  place  of 

!  Harmonia,  that  is  onlv  iiarallel  to  the  Lemnian 

nymphs  taking  the  place  of  Harmonia  in  the 

Cabiric   worship  of  Corinth   (Schol.  on   Pind. 

OL   xiii.    74).       Now,   Cadmus    is  a  character 

partly  Pelasgic,  partly  Phoenician  (cf.  Maury,. 

I  iii.  234-253 ;   lenormant,   op,  cit.).      Farther, 

'  Herodotus  (ii.  59,  122,  123,  155),  followed  by 

'  Dindoriis     (i.     13),     expresses     himself    quite 

decidedly  to  the  effect    that   Demeter-worship 

originally   came    into    Greece    from    the   bis- 

I  wor:ihip  of  the  Egyptians  :  and  he  is  of  the  same 

opinion   about  the   rites  of  the  Thesniophoria 

(ii.  171).     He   relates  that   the  daughters  of 

'  Danaus  taught  these  mysteries  to  the  Pelasgian 

women ;  that  on  the  Doric  conquest  of  Pelopon- 

nesus  these  rites  vanished   except  among  the 

Arcadians  who   were  not  dispossessed  by  the 

>  warrior  Dorians.      So   we    find    Thesroophoric 

;  worship  traced  back   through   Thebes  to   the 

Cabiri  of  Samothrace,  and  then  further  to  thc^ 

East,  Phoenicia  or  Egypt ;  but  into  these  dark 

regions  we  cannot  now  follow  it. 

'      3.  The  Athenian  festival  lasted  for  fire  days, 

and  was  conducted  partly  at  Halimus  on  the 

I  coast  of  Attica,  partly  in  the  city.     We  shall 

first  see  who  took  part  in  the  festival,  then* 

describe  its  various  parts,  and  finally  discuss  its 

date. 

(a)  77ie  participants  m  the  Theamophoria, — It 
was  to  Demeter,  chiefly  as  the  goddess  presiding- 
over  marriage,  that  the  Thesmophoria  was  cele- 
brated.    It  was  a  festival  embx'acing  many  myt* 
tic  and  secret  rites  (Aristoph.  Thesm*  472 ;  Eod, 
443),  in  which  women  alone  could  take  part; 
but  it  was  open  to  all  free  women  of  respectable- 
character.    Accordingly  it  was,  as  Maury  says  (ii. 
223),  the  national  and  jMpular  Demeter-festivsl, 
in  contrast  to  the  Elensinia,  which  was  the  mysti- 
i  cal  and  aristocratic  one.     From  the  very  naturt- 
I  of  the  feast  to  the  goddess  presiding  over  mar- 
riage,  neither  slaves  (Aristoph.  Thesm,  294)  nor 
courtesans  were  allowed  to  attend ;  and  Lncian 
{Dial.  Meretr,  2,  1)  is  to  be  explained  by  sai>- 
posing  that  Myrtium   watched  the  procession, 
not  that  she  took  part  in  the  ceremonies.    But 
it  is  not  so  certain  that  unmarried  girls  took  do 
part,  as  is  assumed  by  Preller  {Uem.  «.  Pcrs. 
343 ;  Fritzsche,  p.  580  of  his  ed.  of  the  Them. ; 
Schumann,  Or.  Alt.  iL  483).       For  it  is  expli- 
citly stated  that  wap$4woi  did  take  part  in  the 
Thesmophoria  at  Athens  (cf.  Schol.  on  Theocr.  ir. 
25 ;  Lucian,  /.  c. ;   Plant.  AuL   Pro].  36).    At 
Catana  Demeter  was  worshipped  **  per  mulieres 
et  virgines"  (Cic.    Verr.  iv.  45,  99);   and  at 
Algonus  (Strabo,  i.  60)  vap$4roi  also  appear  to 
have  taken  part.    Nor  b  there  any  reason  why 
they  should  not,  when  we  remember  that  yonog 
girls,   vapBtwt  r*  #r'  i(vytSy  took  part  in  the 
Biicchic  rAvels  (Eur.  Baoch.  694),  and  that  the 
ancients  in  large  measure  held  that  to  the  pare 
all  things  were  pure  (cf.  hw*  iw  rp  ^^i  rh 
ffm^potfuy  fytarv  4s  rh  wdrr^  iusL,   ib,  315). 
Fritzsche  explains  away  the  passage  from  Lncian 
by  referring  it  to  a  Kwr^^6pot  who  took  part  in 
the  procession,  but  not  in  the  mysteries:  but 
the  Stenia  was  not  the  least  coarse  part  of  the 
festival.    We  should  rather  assnme  that  aU  free 
adnlt  women  could  take  part  in  the  ceremonies  ; 
and  if  Ariitophanes  {Thesm.  330)  calls  them 


TIIESMOPHOKLV 


THESMOPHORIA 


833 


fvy€¥€7s  7VKcufCfS|  he  only  means  that  they  were 
tull  citizens,  as  does  Plut.  Sol,  8  when  he  calls 
them  rits  irp^as  yvvauKos, 

(6)  jT^  preliminaries. — Daring  the  first  nine 
nights  of  Pyanepsion  the  women  who  were  to 
take  prominent  part  in  the  festival  were  re-  ' 
quired  to  observe  the  strictest  chastity  (Ov. 
J/c^  X.  438) ;  and  nil  sorts  of  strange  customs 
are  related  as  to  the  particnlar  kinds  of  herbs 
the  women  used  to  eat  ur  to  lie  on  so  as  to  allay 
sexual  desire  (Scliol.  on  Theocr.  iv.  25,  KPv(a ; 
Schol.  on  Nicand.  Tkeriacay  70,  ic6yuia\  Plin. 
N.  S,  xxiv.  §  59,  aanon ;  Hesych.  s.  v.  icytwpoy ; 
Etym.  M.  s.  v.  anopoiov).  The  prohibition  to 
eat  the  pomegranate  (Clem.  Alex.  Protr.  c.  12  = 
p.  16  ed.  Pott.)  belongs  generally  to  Demeter- 
worship ;  and  we  have  found  it  already  at 
Eleusis.    [Eleusinia.] 

Prior  to  the  beginning  of  the  festival  proper, 
each  deme  chose  two  of  its  richest  and  most 
important  women,  who  were  required  to  per- 
form the  necessary  sacrifices,  and  also  to  pre- 
pare a  feast  for  their  fellow-demes-women 
(Isaeos,  Curon,  hered,  §  19) ;  the  expense  was 
l>orne  by  the  husbands,  and  was  of  the  nature 
of  a  X^iTovpyla  (Id.  Pyrrh,  hered.  §  80).  Ac- 
cordingly the  wives  of  the  richest  only  were 
chosen  as  presidents ;  and  Aristophanes  ( Thetm, 
834)  proppses  an  alteration  in  this  custom, 
urging  that  this  post  of  high  honour  be  be- 
stowed on  women  who  have  borne  sons  who 
have  signally  benefited  the  state. 

(c)  The  Stenia, — This  is  to  be  considered  as 
the  beginning  of  the  festival  proper.  The 
women  appear  to  have  gone  down  during  the 
night  of  the  10th  in  small  bands  to  Halimus 
(of.  A.  Mommsen,  Heortoiogiey  296);  probably 
the  women  of  each  deme  went  together  under 
the  leadership  of  their  presidents.  As  they 
went  they  exchanged  with  one  another  those 
kinds  of  jokes  and  abuse  (Phot.  538 ;  Hesych. 
s.  V.  ffTfiwi&ffai)  which  characterised  so  many 
Greek  festivals,  especially  those  in  honour  of 
Demeter.  The  abuse  and  jokes  appear  to  have 
been  very  coarse  (Cleomed.  CycL  theor.  ii.  p.  91, 
ed.  1605 ;  cf.  Apollod.  i.  5,  3,  Diod.  y.  4,  of  the 
festival  of  Demeter  at  Syracuse).  The  deri- 
vation of  the  name  trri^yta  is  uncertain.  SchO- 
uiann  (/.  c.)  supposes  it  from  the  halting- 
places  of  the  companies,  where  the  abuse  no 
doubt  was  peculiarly  rife  ;  Preller  (pp.  dU  339, 
note  19)  from  an  actual  place  of  that  name 
on  the  road  to  Halimus,  and  he  compares  the 
7c^vpi0r/iol  at  the  bridge  over  the  Cephisus  in 
the  Eleusioia.  The  place  tr^iwia  is  hypothe- 
tical, bat  the  resemblance  to  the  yt^vpifffutl  is 
unmistakable. 

(d)  The  Mysteries  at  Hcdimus. — Halimus  was 
a  village  near  Phalernm  and  Colias,  on  the  west 
coast  oi  Attica.  There  was  a  temple  there  to 
Demeter  Thesmophoros  (Pans.  i.  31,  1),  and 
also  one  at  Colias  (Hesych.  s.v.  KuMds).  Ar- 
nobius  {adv.  GenteSf  v.  28)  refers  to  the  mys- 
teries at  Halimus  in  these  words:  ^'Alimontia 
mysteria  quibus  in  Liberi  honorem  patris  phallos 
subrigit  Graecia  et  simulacris  fascinorum  terri- 
toria  cuncta  florescunt "  —  a  passage  written 
about  A.D.  295,  when  all  the  mysteries  of  Greece 
had  become  confused.  In  order  to  properly 
understand,  as  far  as  we  can,  the  mysteries  of 
Halimus,  we  must  turn  to  other  sources. 

St.  Clement  of  Alexandria  (ProtrepL  lisp.  14, 


21,  ed.  Pott.)  says  :  "  Do  you  wish  me  to  tell  of 
Pherrephatta*s  flower-gathering  and  her  basket 
and  of  her  rape,  how  the  earth  split  in  sunder 
and  the  swine  of  £ubulus  were  swallowed  up- 
with  the  disappearing  deities — the  reason  where*^ 
fore  at  the  Thesmophoria  they  *  encrypt '  swine 
and  cast  them  therein  Qiryapliorrts  x"*^^^^ 
ififidWouai)?  This  story  the  women  celebrate- 
in  their  feasts  under  varied  forms,  Thesmo- 
phoria, Scirophoria,  Arretophoria,  all  in  one- 
shape  or  another  giving  a  dramatic  representa- 
tion of  the  Rape  of  Pherrephatta."  [We  have 
coined  a  word  to  express  firyaptCoyrts,  whiclv 
means  **to  put  into  crypts  (jityapa)"  as  with  us- 
*'pit"  can  mean  "to  put  into  pits,"  &c.  It 
appears  to  hare  been  a  ritualistic  word,  as  it  ia 
found  in  Kpiphanins,  and  in  connexion  too  with 
the  Thesmophoria :  a/  fi9yapi(ov(rai  K€ti  Bto"' 
fio^pui{ovffeu  yAv€UK€tf  quoted  by  I^beck  (^Ag- 
laoph.  832),  whose  conjecture,  fitydpois  (AtrraSf 
though  brilliant  and  widely  adopted,  is  un- 
necessary.] 

Even  this  passage  was  very  obscure  till  £, 
Rohde  {Bhein.  Mus.  xxv.  548  AT.)  published  a 
valuable  scholion  on  Lucian  (^DixU,  Meretr,  ii.  1^ 
from  a  Vatican  codex.  The  scholion  is  very 
long,  but  it  is  of  such  capital  importance  that 
we  must  reproduce  it  at  length.  ''The  0c<r-^ 
HO^opia  (accented  paroxytone)  is  a  festival  of 
the  Greeks  containing  certain  mystic  rites,  ami 
these  rites  are  also  called  Scirophoria  (triafio- 
tf>6piet).  It  is  solemnised  on  the  basis  of  the 
somewhat  mystical  story,  that  when  Cora,  as 
she  was  gathering  flowers,  was  carried  off  by 
Pluto,  there  at  that  very  place  a  cei'tain  swine- 
heiHl  named  Eubuleus  was  herding  his  swine^ 
and  that  they  were  swallowed  up  in  the  chasm 
(along  with  the  deities).  ^  It  is  in  honour  of  this 
Eubuleus  that  swine  are  cast  into  the  chasms 
(xda-fuxra)  of  Demeter  and  Cora.  When  the 
bodies  of  the  swine  which  have  been  cast  into 
the  crypts  (ji4yapa)  are  decayed,  certain  women 
who  are  called  iurrKrrrplatj  after  purifying  them- 
selves for  three  days,  descend  and  bring  them 
up.  They  go  down  into  the  sacred  caverns 
(&8vTa),  bring  up  the  remains,  and  place  them 
on  the  altar;  and  they  believe  that  the  man 
who  takes  of  this  offering  and  mixes  it  with  his 
seed-corn  will  have  a  good  crop.  Moreover,  they 
say  that  there  are  serpents  also  below,  all  about 
in  the  chasms  (xdafMra),  and  that  these  serpents 
eat  the  greater  part  of  what  is  cast  in :  where- 
fore too  a  rattling  is  made  when  the  women 
draw  up  (jkirr\Affiy)  the  bodies  and  when  they 
put  back  again  those  well-known  figures  (r^ 
r\derfiara  ^jccZva),  so  that  the  serpents,  which 
they  believe  to  be  the  guardians  of  the  sacred 
caverns  (&d^«rX  may  retire  before  them.  Thi» 
ceremony  is  called  '  the  carrying  of  things  which 
must  not  be  spoken  of  {ipprrro^6pia),  and  is 
performed  as  equally  efiicacious  for  the  produc- 
tiveness of  the  fruits  of  the  ground  and  for  the 
generation  of  human  kind.  Moreover,  too,  they 
bring  there  sacred  emblems  which  must  not  be 
spoken  of  (ipprira  hpd)  made  of  dough  in  the 
image  of  serpents  and  the  male  organs  of  gene- 
ration (&r8palv  0'xi}Ai^TaMr)."  [This  is  the  inter- 
pretation given  by  Rohde,  p.  552,  comparing  the 
fi^Woi  at  Syracuse  (Athen.  xiv.  647  a) :  bat 
even  so  there  is  no  need  to  emend  Mp&p  into 
edffxpvy'  It  would  seem  as  if  we  should  read 
i\?iatVf  but  the  passage  from  Araobius  quoted- 


«32 


THE3M0PH0RIA 


TJBffiSMOPHORIA 


above  makes    for    Rohde's  interpretation :   cf. 

Clement,  op.  ciL  21  =rp,  29  Pott.]     *«  And  they 

take  boughs  of  pine  (kc^kov),  for  that  tree  is 

prolific;   and  into  the  crypts,  as  these  sacred 

caverns  are  called  (^f  rh  iiiyapa  oUrms  koXo^ 

fiwa   iZvTo),  these  offerings    (^fcelya,  i.e.  both 

the  sacred  emblems  and  the  pine-branches)  and 

"the  swine,  as  we  have  already  mentioned,  are 

•cast,  these  latter  as  being  so  prolific,  in  order 

thereby  to  symbolise  the  generation  of  fruit  and 

•of  human  kind  —  and  all  as  a  thank-offering 

(xaf>i<rn}/)(a)  to  Demeter,  for  she  gave  us  her 

com  and  civilised  (fifi^poy  #irofi}<rcy)  the  race  of 

men.    The  account  of  the  feast  given  above  is 

the  mythical ;  the  one  before  us  is  the  rational- 

ristic  (6    9k  ypofcc(ficyo5   ^viruc^f).      The  name 

dt(riJM^opia  (parozytone)  arises  from  the  epithet 

-i^tiTfio^pos  applied  to  Demeter,  because  she  laid 

down  the  law  or  rather  her  divine  injunction 

(y6fiop  Ijrrot  9ea/ioy),  whereby  man  is  bound  to 

provide  for  himself  and  to  get  by  his  own  labour 

his  daily  sustenance  (t^k  too^V  Topl(9C$ai  re 

Koi  icar9ffyd(9(r6at)"     Rohae  supposes  that  the 

Scholiast,  finding  in  his  text  an  allusion  to  the 

$€irfio^6pM  (proparoxytone),  looked  up  in  some 

book  of  ritual  and  copied  down  what  he  found 

'Under  $f<rfio^pla  (paroxytone).  Now,  this  latter 

was  the  name  of  the  day  of  the  mysteries  at 

Halimus,  according  to  the  right  reading  in  Pho- 

'tius,  87,  21  (compare  with  Schol.  on  Aristoph. 

Thesm.  80),  wrongly  altered  by  Person  to  tfcdr^io- 

•  ^6pta :  cf.  Fritxsche,  p.  578. 

Accordingly,  in  the  description  by  the  Scho- 
liast on  Lucian,  we  have  an  account  of  that  part 
of  the  Thesmophoria  which  consisted  of  certain 
mysteries  solemnised  by  the  women  at  Halimus, 
—  mysteries  both  striking  in  themselves  and 
instructive  in  more  points  than  one. 

First  of  all,  let  us  call  to  mind  other 
.similar  sacrifices  offered  elsewhere  to  Demeter 
and  Persephone.  We  read  that  there  was  a 
hole  (fidBpos)  sacred  to  Demeter  Erinnys  at 
Onceum,  near  Thelpusa  in  Arcadia,  into  which 
live  pigs  were  cast  (Pnus.  viii.  25,  4 ;  cf.  Lyco- 
phr.  Alex.  1225,  KwfiMtnw  aJict(r$4irras  'OyKoiou 
fi69pov).  The  people  of  Potniae  in  Boeotia  (Pans, 
ix.  8,  1)  used  to  throw  into  "  crypts  as  they  are 
called  "  (^f  rh  fiiyopa  icakoifMim)  young  pigs, 
■  and  they  relate  that  these  pigs  emerged  again 
[*<  at  Dodona,"  says  Pausanias.  We  do  not  see 
how  4p  AtMpp  can  stand,  and  hesitatingly 
with  Lobeck  {Aglaoph.  829,  830)  read  bvoJ^ 
Bijvaii  for  a  verb  is  certainly  required,  and 
what  connexion  are  the  Potnians  likely  to  have 
had  every  year  with  distant  Dodona?]  at  the 
same  season  of  the  ensuing  year.  At  the  foun- 
tain of  Cyane,  near  Syracuse,  a  live  bull  was 
precipitated,  in  honour  of  Cora,  into  a  hole 
where  it  was  supposed  that  she  had  disappeared 
(Diod.  V.  4).  Into  a  gulf  near  Argos,  at  certain 
]>eriods,  torches  were  thrown  in  honour  of  Cora 
(Paus.  ii.  22,3). 

Next,  as  regards  these  crypts,  or  fiiyapa,  as 
they  were  technically  called,  Eustathiutf  (on  Od. 
i.  1387|  17)  says,  HutSs  ft  4  yap  a  Kwrdytta 
olicfipMra  rmr  Bwv  liyow  Aiiforrpos  Koi  Tt^pct- 
^n^f ,  with  the  addition  of  Ael.  Dionysius,  ci;  t 
rh  fUHTTUch  l9pit  KcerarlBtmeu:  cf.  Hesych.  s.  o. 
dvcUropoy.  Especial  interest  attaches  to  them, 
as  Sir  Charles  Newton  opened  one  at  Halicar- 
nassus.  It  had  been  originally  circular  in  form, 
and  amongst  its  contents  were  discovered  *'  cer- 


tain small  figures  of  pigs  in  marble,  and  at  the 
very  bottom  the  bones  of  swine  and  of  some 
other  animals."  Taken  in  connerion  with  the 
scholion  to  Lucian  and  the  passage  from  St. 
Clement,  it  may  reasonably  be  inferred  that  Sir 
C.  Newton  discovered  an  actual  crypt  used  in 
the  mystic  ceremonies  of  the  Thesmophoria. 
The  Scholiast  tells  both  of  the  live  pigs  drivea 
down  into  the  crypts  and  of  the  images  (rXdltf^ 
/urra),  probably  of  pigs,  which  were  placed  io 
the  crypts  after  the  flesh  of  the  real  swine  ivas 
removed ;  and  both  these  were  actually  dis- 
covered at  Halicamassus.  (See  Newton,  ifa/i- 
oarnasstu,  383  ff.,  391,  422;  cf.  Plate  IviiL) 

But  the  most  interesting  point  of  all  is  the 
reason  given  by  the  Scholiast  for  the  sacrifice. 
They  believed  that  the  flesh  of  the  swine  so 
offered  to  Demeter  would,  if  mixed  with  the 
seed-corn,  magically  add  to  its  fertility.  We 
seem  to  be  very  far  from  civilised  Peridean 
Athens  here.  We  are  away  back  in  savage 
times  and  their  magic  rites.  In  savage  and 
even  bestial  foi*ms  Demeter  appears  elsewhere 
in  Greek  religion,  e.g.  Demeter  Erinnys  (Pans, 
viii.  25,  4),  Demeter  Melaina  (i&.  42,  1-4);  bat 
that  would  be  too  wide  a  subject  to  enter  on 
now.  It  is  more  relevant  to  show  by  com- 
parison that  the  custom  of  mixing  blood  with 
the  seed-oom  is  a  savage  custom ;  and  that  h»» 
been  done  by  Mr.  Andrew  Lang  in  an  article 
'< Demeter  and  the  Pig"  {Nineteenth  Cfntnry. 
xxi.  563,  April  1887:  cf.  Myth,  Bitual,  and 
JieligioHj  ii.  260-276),  in  which  he  adduces 
the  examples  of  the  Pawnees  of  America,  who 
used  to  mix  the  blood  of  a  human  victim  with 
the  seed-corn,  and  of  the  Khonds  in  the  hill- 
region  of  Goomsar,  who  sacrificed  both  s  pi^ 
and  a  man  for  the  same  purpose ;  *  and  further 
Mr.  Laog  shows  how,  in  the  two  discoveries  of 
Sir  C  Newton  at  Halicarnassus,  "the  whol*- 
character  of  Greek  religion,  its  humane  and 
rational,  and  its  wild  and  magical  aspects,  are 
thus  combined  in  the  lovely  Cnidian  statue  of 
Demeter  (cf.  Newton,  op.  dt.  p.  399 ;  d  PUtf 
Iri.),  and  in  the  fragments  of  bones  of  sacrificed 
swine  and  images  of  pigs  which  lay  in  her  sah- 
terranean  cell." 

But  though  these  savage  rites  came  sood, 
under  the  wondrous  alchemy  of  the  Greek 
imagination,  to  be  transmuted  into  parts  of  a 
poetical  drama;  still  their  savage  character 
remained  to  the  end,  intertwind  with  the 
beautiful  iM^end  of  Demeter  and  her  lost 
daughter.  For  the  mysteries  at  Halimus  were 
a  more  or  less  complete  dramatic  representatif^i 
of  a  portion  of  that  story,  as  is  expressly  stated  br 
St.  Clement,  probably  the  portion  whidi  described 
the  rape  of  Proserpina  (Rohde,  p.  557).  He 
seems  to  preserve  even  the  very  order  of  the 
representations.  We  think  that  here,  too,  the 
mysterious  ceremony  called  9ttryf»a  took  place 
(Hesych.  s,  v.),  it  being  a  pursuit  after  the 
ravished  Proserpina;  but  this  is  rendered  on- 
certain  by  the  article  in  Suidas  under  XaXxi- 


*  Mr.  Fiaaer  (The  Golden  Bov^K  il.  M)  rels^  ti^t 

*«  in  Hessen  and  Mdningen  the  flesh  of  pifs  is  esten  t«i 

Ash-Wednesday  or  Candlemas,  and  the  banes  are  kept 

till  sowing  time,  when  they  are  put  Into  the  Add  vm 
or  mixed  with  the  seed  In  the  bsg : "  bat  ct  p.  39.  ^  ThU 

Is  tboDgfat  to  be  an  InfiOIiMe  spcdflc  s«ynsi  esith-fiMi 
and  moles,  and  to  caose  the  flax  to  grow  weO  and  taU." 


THESMOPHORIA 

Sur^r  iUryftiu,  Tiz.  rots  SttrfiO^lou  ^AHtn^ai 
TA  r^fufuw  4p  voK4fi<fi  yvyatH&tf  cv^c^^wy  Sm»X* 
$npat  To^s  woKtfiiavs  koI  <nnf4(hi  ^uy^u^  .§h 
XakxittL  .  We  confesA  to  have  no  proper  Dotion 
what  this,  means :  Welcker  ((rrkxiA.  G&tterhhre, 
iL  498)  supposes  that  on  one  occasion  of  battle 
the  prayer  of  i^e,  women  assembled  for  the 
Thesmophoria  effected  the  flight  of  the  eBemy. 
to  Chalcis. .  For  the  cakUhtu  sacred  in  the  rites 
of  Proserpina,  see  Claudian,  Rapt  Proserp,  139, 
and  Spanheim  ad  Cailim,  p.  652 ;  it  was  worn 
also  as  a  head-dress  in  the  rites  of  Demeter, 
(Saglio  in.  IHct.  des  Aniiq.  i.  813).  As  to  the 
functions  of.  the  d^rA^/i/ai,  Rohde  (p.  554) 
thinks  that  they  were  performed  after  the 
festival,  as  otherwise,  the  flesh,  of  the  swine 
woald  not  haye  had  time  to  putrefy ;  but  Xrom 
the  complexity  |ind.  detail  observed  as  .rsgards 
the  drawing  up  of  the  flesh,  and  the  subsequent 
consecration  of  it  on  the  altars  and  the  mixing 
it  with  the  seed-corn,  we  are  letl  rather  to  sup- 
pose that  these  are  the  ceremonies  performed  by 
the  assembled  women,  and. that.  the.  casting  of 
the  swine  into  the  crypt  took  place  some  days 
hefort  the  actual  myjiteti«s  werja  ceUbrai«d. 
Mr.  Frazer  (op.  cit,  p.  45)  holds  that  the  rotted 
remains  of  the  pigs  were  not  taken  up  till  the 
next  annual  festival ;  and  refers  to  this  feature, 
in  the  ceremony  at  Potniae  to  which  sdlusion 
has  been  made  (Paus.  ix.  8, 1).  This  is  possible : 
but  it  is  not  likely  that,  in  a  scholion  which  is 
so  explicit,  such  an  important  point  would  have 
been  omitted. 

Lastly,  it  is  to  be  noticed  that  the  pig  was 
the  animal  especially  sacrificed  to  I)em«)ten< 
Why  it  was  so  different  explanations  are  given. 
(I)  The  mythologists  said  that  when  Trip- 
tolemus  first  sowed  his  crop  a  pig  destroyed 
his  work  (\vfuantic6sf  Schol.  on  Aristoph.  Ran, 
338) ;  therefore  did  he  seize  it,  place  the  fruits 
on  its  head,  and  sacrifice  it  to-  the  goddess  (Serv. 
on  Verg.  Qeorg.  ii.  380;  Aen.  iii.  118>  .Or, 
again,  they  tell  that  the  pig  effaced  the  track 
of  Proserpina  as  she  was  being  carried  away 
<0v.  Fatt,  iv.  405).  (2)  The  SymbolisU  find 
in  the  pig  an  emblem  of  fecundity*  (fiik  .rh 
roAirr^iroK,  Schol.  on  Ludan).  Hence  is  to  be 
explained  the  many  votive  offerings  to  I>emeter 
of  pigs  with  children  on  their  backs.  They  are 
offer^  to  the  goddess  by  parents  if  haply  she 
will  grant  them  children  (Gerhard,  Akatdemkche 
Abhandl,  ii.  340,  note  36).  The  female  womb 
was  called  x^^*  (Arist^ph.  Ach,  780  ff. ;  Schol. 
on  Vesp,  1353) ;  cf.  porcus  in  Varro,  M.  £.  ii. 
4,  10.  (3)  But,  besides,  the  pig  was  a  common 
and  effective  purificatory  offering  (Aesch.  Ewn, 
283),  especially  at  Eleusis ;  accordingly,  both  in 
statues  (e.g,  that  of  Demeter  Eleusinia  in  the 
Louvre:  Fr.  Lenormant  in  Did,  des  Antiq.  ,\ 
fig.  1321)  and  coins  (Cohen,  M6i,  Cans,  pi.  xli. 
7,  8,  Vibia  gens)  Demeter  appears  with  a  puri- 
ficatory torch  and  a  pig.  £ach  of  the  initiates 
at  Eleusis  sacrificed  a  pig  on  the  17th  of  Boe- 
dromion,  the  day  of  the  Chreat  Eleusinia,  which 
was  called  B(fa  (Hesych.  s.  v.),  and  so  apparently 
on  the  same  day  did  each  family  at  Athens 
iC.  1,  G.  523,  7>  There  is  a  good  picture  of 
a  family  offering  a  pig  to  Demeter  and  Perse- 
phone in  Baumeister's  Denkmaler,  p.  416,  fig. 
457  =  D.  and  S.  i.  fig.  1310.  (4)  Mr.  Frazer 
(op.  at.  ii.  44  ff.)  considers  that  the  pig  used  in 
the  rites  of  Demeter  was  nothing  else  but  the 
T0L.1L 


THESMOPHORIA 


833 


goddess  herself  in  animal  form  (cf.  p.  27) :  for 
in  European  folk-lore,  as  he  argues  at  length 
(pp.  26  ff.X  the  pig  is  the  common  embodiment 
of  the  corn-spirit;  the  goddess  is  sacrificed  to 
herself  on  the  ground  that  sh^  is .  her  own 
enemy,  as  was  the  case  with  Dionysus.  At  the 
Thesmophoria  swine's  flesh  appears  to  have  been 
eaten  (Schol.  on  Aristopb.  Ran,  338),  and  Mr. 
Frazer  considers  that  **the  meal  must  have 
been  a  solemn  sacrament  or  communion  of 
worahlppers  partaking  of  the  body  of.  the  god." 
We  cannot  help  thinking  that  the  Scholion.  is- 
too  vague  and  unreliable  to  base  on  it  such  a 
large  conclusion. . 

.  («)  The  Anodos  (lUoSof),  sometimes  called 
KdMos  (Phot.  87 ;  Schol.  on  Xbesm,  585>— 
On  this  day,  the  12th,  the  women  returned  to 
Athena  in  procession;. and,  says  the  SchoL  on 
Theocr.iv.  25,  they  carried  on  their  heads  the- 
sacred  books  of  the  ordinances  of  Demeter,  and, 
as  it  weoe  praying,  went  off  to  Eleusis  (<cal  &<raycl 
XjTaM^^awtai '  a«^x<M<n9»  eh  ^EXwatya^  The 
Schol.  4>B  2'Atffin.  585  says  that,  the  name  (ii^o^ 
came,  from  the  women  going  up  to  the  Thesmo-. 
phorion,.for  it  ky,  on  a.  height.  We  are  to  ex* 
plain  ,the  stranjre  allusion,  of  the  Scholiast  on 
Theocritus  tu  Eleusis,  by  supposing  that  the 
mensinion .  was-  the  goal  .  of  the  procession 
(Mommsen,  op,  cit,  pu  300X  and  that  either 
the  £leuainion  wais  originally  called  the  Thes- 
mpphorion,  or,  more  pfohobly,  the  Thesmo- 
phorion  was  part  of  the.Eleusinion  (cf.  Milch- 
h^n  in  BaumeisterV  UenkxnSUer,  i.  198>9> 
l^he  carrying  of  the  books  of  .the  lawf  <m  their 
heads  wa^i  jia«.oLd  custom  with  the  women 
(Aristoph.  Eccl.  222,  3^.  k  was  Sox  a  long 
time  anpposed  that  Demeter  with  a. volume  of 
laws  was  represented  on  one  of  the  metopes  of 
the  Parthenon;  but  this  view,  is  given  up  by 
Michaelis  {Parthenon^  p.  134,  metope  xx.). 
However,  there  is  no  doubt  that  in  a  vase- 
painting  (Tischbetn,  iv.  xxzvi.,  reftrodnced  by 
Fr.  Lenormant  in  Dkt.  des  Antiq,  i.  fiff.  1296) 
Demeter  Thesmophoros  does  appear  holding  an 
open  roll  of  laws. 

(/)  The  Scira  (Xcipa).— Returned  to  Athens, 
still  on  the  12th  (Mommseu,  op.  dt.  299),  the 
women  met  for  the  secret  conclave  called  iidpa, 
at  which  Aristophanes  represents  them  as 
passing  resolutions  (^Eocl,  18);  at  any  rate 
there  was  a  president  (2%esm.  834).  We  can- 
not tell  what  the  nature  of  the  deliberations 
were ;  but  that  the  Scira  belonged  to  the 
Thesmophoria  seems  certain.  Besides  the  two 
passages  just  quoted,  we  find  in  the  Scholiast 
to  the  latter  that  the  Scira  were  r^  yufifitva 
UfA  iv  rp  ioprf  rudrp  (sc  Thesmophoria) 
A^fMirpt  jcal  K6ffp, 

Such  is  the  opinion  maintained  by  Mommsen 
as  to  the  position  in  the  Thesmophoria  of  the 
part  called  Scira;  and  in  deference  to  his 
authority  we  have  placed  it  here,  but  with 
much  hesitation.  That  Mommwn  f287-289) 
has  proved  that  the  Scira  hslonged  to  the 
Thesmophoria,  and  not  to  the  Oschophoria  as 
is  held  by  K.  F.  Hermann  (Oottesd,  AU,  §  56,  7), 
is  certain :  but  it  is  not  at  all  clear  that  the 
Scira  was  not  part  of  the  ceremony  at  Haiimus. 
In  the  first  place,  we  should  wish  to  refer  back 
(§  3  d)  to  the  passage  of  St.  Clement  {Protr,  11), 
where  he  speaks  of  Beo'fut^pM  (query  -(a), 
<FKifQ^6pta   apprrropdptOf  where  the  first  pro* 

3  H 


834 


THESMOPHOBIA 


THE6M0FH0BIA 


bably,  and  the  third  certainly,  refer  to  the 
mysterien  at  Halimus,  and  therefore  we  may 
presume  that  the  second  does  too.  Again,  the 
acholion  on  Lucian  says  that  the  BtfffM^opia  is 
also  called  vmipo^opta.  [Of  course,  there  is  no 
allusion  to  the  Scirophoria  held  on  the  12th  of 
Sdrophorion,  about  the  end  of  June;  it  is  a 
mere  mistake  of  St.  Clement  and  the  Scholiast, 
Scirophoria  for  Scira.]  Further  the  scholion  on 
Thetm.  854  continues,  ol  9h  tn  MffKvpa  $^mu 
ry  'A^rf :  for  the  corrupt  Mvicvpa  Friiische 
(pp.  cit,  p.  323)  conjectures  M  Sjcfpy  rp  *A9i}i^ 
as  in  Steph.  Byz.  s.  v.  Sicfpof ,  though  the  usual 
form  is  indeed  2Kipdii  *A07ip^  (Paus.  i.  36,  4 ;  L 
1,  4).  For  Athena  Sciras,  see  Preller,  Orieoh, 
Myth,  i*  167  ff.  The  temple  of  Athena'Sciras  at 
Phalerum  was  quite  close  to  Halimus  (Pans.  i. 
36, 4) ;  and  it  was  natural  that,  as  the  primitire 
Demeter-worship  of  Halimus  came  'gradually 
into  connexion  with  the  worship  of  Athena  till 
it  was  finally  adopted  into  the  Athenian  state- 
religion,  it  should  get  especially  blended  with 
just  that  side  of  Athena-worship  which  ex- 
pressed gratitude  for  the  gifts  of  the  Earth  (cf. 
Welcker,  Gr,  GdtierL  ti.  283),  and  with  just 
that  temple  of  Athena,  namely  the  temple  of 
Athena  Sciras  at  Phalerum,  where  her  worship 
existed  long  before  it  was  introduced  into  the 
city  (Mommsen,  54).  In  a  similar  manner  the 
Demeter-worship  of  the  Gephyraeans  became 
blended  with  the  worship  of  Athena  and  Poseidon 
(Paus.  i.  37,  2;  Preller,  de  Via  Saf%  p.  18), 
and  Demeter-worship  in  Cyprus  becime  blendcKi 
with  the  presiding  national  dirinity.  Aphrodite 
(Engel,  KyproSf  ii.  p.  654; — Pans.  ii.  34,  11; 
vii.  21,  4),  as  indeed  it  had  a  certain  connexion 
with  the  worship  of  Aphrodite  Colias  and  of 
Genetyllis  (Lobeck,  630^  even  in  Attica  (Preller, 
I/em.  u.  Peraeph,  344 ;  cf.  6^.  MytK.  i.  299). 

(g)  The  Fast  (n}(rrcta)  took  place  on  the 
13th.  '*  At  the  Thesmophoria,"  says  Comntus 
{Nat.  Dear.  28),  "  the  women  fast  in  honour  of 
Demeter ;  either  it  is  that  they  honour  her  by 
a  peculiar  kind  of  sacrifice,  in  that  they  abstain 
for  one  day  from  the  gifts  which  she  has  given 
unto  them,  or  it  is  in  heedful  commemoration  of 
the  need  that  in  days  gone  by  fell  upon  men  at 
the  hands  of  this  goddees."  Seated  on  the 
ground  and  in  the  deepest  gloom,  the  women 
fasted,  and  they  did  not  even  offer  anv  sacrifice 
(Pint,  de  laid,  et  Otirid.  69 ;  cf.  Aristoph.  Av. 
1517).  Originally  they  appear  to  have  uttered 
wild  mourning  and  lamentations,  icofiiioi  koI 
eprivoi  (lamblich.  Vit.  Pythag.  c  27,  p.  262, 
ed.  Kiessl.).  These  lamentations  point  to  intro- 
duction from  the  East  (cf.  Herod,  vi.  58),  and 
partook  of  that  piercing  (o'jcXifp^i')  and  Oriental, 
unmeasured  and  iutemperate  expression  of  grief 
which  Solon  and  Epimenides  (Plut.  Sol.  12,  21) 
tried  to  put  down;  and  in  this  sense  perhaps 
the  solemn  words  of  the  Homeric  Hymn  to 
Demeter,  479,  are  to  be  understood :  [6pyM  3*] 
o0irw5  itm  re^^ifuy  oUra  irvOioBat  o^*  itx^ttyt 
fiiya  ydp  rt  $€Wf  &xo'  larx^u  ttbiiiif. 

Most  scholars  after  Plutarch  (de  laid.  1.  c. ; 
Demoath.  30)  place  this  fast  in  connexion  with 
the  fast  of  nine  days  which  the  initiates  at 
Eleusis  observed,  in  imitation,  as  is  supposed, 
of  the  fast  of  Demeter  in  her  grief  for  the 
loss  of  her  daughter — and  rightly  too  in  part, 
though  we  must  remember  that  Persephone  did 
not  play  any  very  prominent  part  in  Tliesmo- 


phoric  worship  generally,  and  that  the  lameota- 
tions  and  fasting  point  sJso  in  part  to  the  fact 
that  probably  the  worship  of  Demeter  as  a 

0€bs  x^^^^*  ^^  9°^  ^  '^"'^  degree  mingled 
with  that  of  the  goddess  in  her  other  aspects; 
and  it  is  to  an  earth-goddess  that  lambUchns 
refers  the  ico/iftol  Kok  Bp%9ot  before  alluded  to. 
The  statement  made  by  Lenormant  (Did,  det 
AnUq.  i.  p.  1059,  note  1182)  that  the  refemce 
was  to  the  miserable  state  of  humanity  prior  to 
the  possession  of  the  gifts  of  Demeter  is  in  some 
measure  borne  out  by  the  evidence  addooed, 
viz.  Comut.  /.  c,  Aristid.  ^Znoin.  417  Dindorf. 
He  also  teHs  ns  that  Comntua  (e.  28)  Rfeis 
to  the  absence  of  fire  in  the  Hephaestia  at  Lem- 
nos  as  a  parallel  to  the  fait  of  the  Thesmophoria, 
a  point  alluded  to  also  by  Welcker  (op.  ctt  ii. 
502,  note  19%  but  we  have  been  unable  to  find 
the  reference. 

In  Rome  fasts  in  honour  of  Ceres  were  solem- 
nised under  Greek  influeneet  e.g.  the  jejwuui 
Cereria  appointed  by  order  of  the  Sibyllbe  book» 
in  191  B.a  (Liv.  zxxvL  37,  4)  to  be  held  every 
five  yean  (cf.  (Sc.  Balb.  24,  55;  Festos,  ar. 
Oraeoa  socno,  p.  154  M.) ;  also  a  jejummn  Cerent 
appears  in  the  Calendar  of  Amitemnm  for  Oct. 
4th,  a  date  which  nearly  coincides  with  the 
Thesmophoria  (cf.  C.  L  L.  L  pp.  325,  403> 

(A)  I%e  Calligeneia  (KaXAryfyeoi).— This  was 
the  name  given  to  the  last  day  of  the  festiTil, 
the  14th,  the  day  of  rejoicing  and  holiday  after 
the  severe  discipline  of  the  previous  ceremonies. 
According  to  the  Schol.  on  Aristoph.  Theam. 
298,  KoXAiy^ycia  was  a  9alfu§p  wapi  v^r  Atitdf 
Tpay:  cf.  Hesych.  a.  v.,  who  says  she  is  so 
iK6AjovOos.  An  important  passage  of  Photins 
quoted  by  Kock  (Ffag.  Com,  Att,  L  p.  481  = 
Frag.  Ariatoj^  335)  tella  ns  that  Apollodoru 
said  that  Calligeneia  was  the  Earth,  othcn  s 
daughter  of  Zeus  and  Demeter,  while  Aristo- 
phanes the  comedian  represented  her  as  the 
nurse  of  Demeter.  But  the  real  fact  probahlT 
is  that  itaXXtyireia  is  an  epithet  of  the  goddess 
herself  as  the  mother  of  a  fair  child,  jnst  as 
Persephone  is  the  fair  child  herself  (icoAAivws 
Bed,  Eur.  "Oreat.  964). 

But,  be  that  as  it  may,  it  is  agreed  that  Calli- 
geneia spoke  the  Prologue  of  the  Second  Thesmo- 
phoriazusae  of  Aristophanes  (Kock,  /.  e.).  Th^ 
First  Thesmophoriazusae  (the  play  which  we 
possess  intact)  had  its  scene  laid  on  the  day  of 
the  ni^rala:  the  Second  Thesmophoriaxnsse 
probably  on  the  Calligeneia  (Fritzsche,  p.  586). 
In  Athen.  i.  29  we  read  that  Demetrius  of 
Troezen  called  the  Second  Thesmophoriaxtisa« 
B^fffio^opidoanrat  (cf.  Kock,  /.  c),  ijg.  the  women 
who  have  celebrated,  not  who  are  oeiebratinfr* 
the  Thesmophoria.  But  all  the  Grammarians  call 
our  play  the  wpwrcu  or  xfor^pai  ^ffno^optdfmmt 
(Fritzsche,  /.  c);  while  it  may  be  maintsined 
that  Demetrius  considered  that  the  really  «•' 
sential  parts  of  the  Thesmophoria  were  the 
mysteries  and  the  fasting,  and  wished  to  eooTCj 
that  when  they  were  done  the  Thesmopkoris 
was  virtually  over.  Daring  the  Galligeneia 
there  was  much  loose  jollification,  plenty  of 
festivity  (cf.  Hesych.  a,  v,  wpvramataw),  sacrifices 
(Aldphr.  iii.  39),  and  we  hear  of  dances  MPi^f^s 
and  iKKaffiM  peculiar  to  this  occasion  (Poll.  it. 
100 :  yet  cf.  Rohde,  op.  cit.  p.  555,  noteX  as 
well  as  cakes  of  obscene  shapes  (rr^i«f)»  ^^*  ^* 
M^XAos  at  the  Sidlian  festival  (cf.  Lobeck,  cp.  at. 


THESMOPHOBIA 

200);  unless  the  Jtr^vcf  actually  point  to  a 
rite  of  the  nature  of  phallic  worship,  as  TTieo- 
doretns  (quoted  by  Lobeck)  thinks. 

(0  I7t0  Zemia  (CiiM^ta).— The  concluding  act 
of  the  whole  festival  at  the  end  of  the  14th 
was  called  fyiiU,  a  sacrifice  offered  tr^p  r&v 
7(yofi^iwr  (Hesych.  s.  r.),  a  kind  of  sin-offering, 
probably  in  atonement  for  aay  offences  com- 
mitted during  the  festival.  As  such,  and  as 
being  the  last  act  (^titcA^w/uo,  Harpocr.  122)  of 
the  festival,  it  reminds  us  of  the  itAij/mx^cu  '^^ 
the  Kleusinia  [ELEUSunAl. 

(J)  The  date  of  the  Festival— The  Thesmo- 
phoria  were  held  in  the  middle  of  Pyanepsion 
(=  latter  half  of  October  and  first  half  of  No- 
vember); as  to  this  every  one  is  agreed,  but 
there  is  some  difficulty  as  to  the  actual  days. 
Photius  says  (87,  21),  Oc^/io^W  ^/bi^pcu  8'  - 
HtKdni  Beff/M^pla,  Mticdrri  icdMos  (generally 
called  AyoSoi:  see  above,  e),  9uitKdrri  yiforcla, 
rptffKaiZeKdni    Ka\\ty4¥9ta:    Hesychius    (s.   v, 
tofoios)  refers  that  part  of  the  festival  to  the 
11th ;   and  the  Schol.  on  Aristoph.  Thesm.  80 
(#»€l  rpirri  *ar\  etirfAtMpopiwy  ^  fi4ff7i)  says  that 
the  day  of  the   wntrrtU  (which    is  the    day 
certainly  alluded  to)  was  the  third  day  counting 
the  Thesmophoria  at  Halimus,  the  middle  day  if 
you  regard  only  the  Athenian  part  of  the  festival 
(Scic^Tp  i»  'AMiiowrt  %e<rfiolp6pia  (query  -(a) 
&ycT«  A^c  r^niv  fi^p  itwh  Scjcch^f  i0f  that, 
fi4<niy  9k  fi^  avnpt6fuwfi4yiis  rrjs  5cjc(£ti}t)  ;  and 
the  days  are,  10th  Mysteries  at  Halimus,  11th 
&ro8of,  12th  yriareia  (on  which  day  the  scene  of 
the  Thesmophoriazusae  of  Aristophanes  is  laid), 
13th  KoAXry^rfio.    The  Schol.  goes  on  to  state 
that  no  one  can  maintain  the  far-fetched  and 
artificial  interpretation  (&AX'  oW  ^vxpt^ffBeU 
Tis  96tfarm)  that  rplrn  means  rpiffKeuitKceraioy 
as  iieraia  ^KaTa06\os  veXA^a  means  JKKai5cira- 
Ta£a.      Nearly  all  scholars  are   in   agreement 
with  the  scholiast:    e.g,  Schumann  (ii.  483), 
Maury  (ii.  227),  Schilfer  (Demosthenes  und  seine 
Zeity  iii.  359).     [Of  course,  the  statement  in 
Pint.  Demosth.  30,  that  the  n|<rre/a  was  on  the 
16th,  is  quite  in  error.] 

But  there  is  much  to  recommend  '<  the  far- 
fetched and  artificial  "  interpretation,  and  it  is 
well  supported  by  A.  Mommsen  (op.  cit.  293  ff.). 
He  holds  that  rpiTH  =  rpirri  hr\  94Ka,  Not  to 
mention  the  fact  that  rpio-KcuScKdri}  would  be 
troublesome  to  get  into  verse  and  very  cumbrous, 
we  know  that  the  days  of  the  month  are  often 
given  without  the  decade  to  which  they  be- 
longed being  specified  (Aristoph.  Nvb,  1128; 
Demosth.  FaU,  Leg.  359,  §§  58,  59).  If  this 
is  so  in  the  present  case,  the  city  festival  will 
be  on  the  12th,  13£h,  and  14th,  and  the  13th 
will  be  the  middle  day  of  the  city  festival. 
Further,  this  will  allow  that  the  nine  nights  of 
strict  chastity  which  were  enjoined  on  the 
women  (see  above,  6)  should  all  be  in  Pvanepsion, 
the  Stenia  not  beginning  till  the  10th.  Again, 
the  Idth  of  months  generally  was  considered  an 
unlucky  day  (cf.  Hes.  Op.  780);  no  decree  is 
ever  found  to  have  been  passed  on  it ;  while  the 
fourth  day  of  each  decade  was  a  lucky  day  for 
begetting  children  (i6. 794).  Finally  the  Thesea, 
which  we  know  in  Roman  times  were  lengthened, 
will  not  overlap  the  Thesmophoria  if  we  allow 
that  the  latter  did  not  in  any  sense  begin  till 
the  10th.  We  confess  to  thinking  Mommsen's 
view  the  more  satisfactory ;  but  must  add  that 


THESMOPHORIA 


835 


Preller  (Oriech.  Myth,  i.  640,  note  1),  with  that 
view  before  him,  deliberately  rejects  it,  though 
he  gives  no  reasons  for  so  doing. 

As  regards  eco-juo^/wy  ^  ii4ari  in  Aristo- 
phanes (cf.  Athen.  vii.  307  f,  iiy^ts  njirrf/ar 
&yoiuv  9€<rfio^opi»v  r^if  fi4aiiiy\  the  day  of  the 
yriartia  appears  to  have  been  the  middle  day 
of  the  strict  Athenian  festival.  For  the  whole 
Thesmophoria,  as  it  existed  in  Attica  in  Aristo- 
phanes' time,  was  a  blending  of  the  original 
Mysteries  at  Halimus,  where  Demeter-worship 
was  first  introduced  into  Attica,  and  an  Athenian 
festival.  The  first  two  days  (the  Stenia  and 
the  Mysteries)  belonged  to  the  former,  the  last 
three  days  to  the  latter. 

We  subjoin  a  table  of  the  dates  of  the  several 
parts  of  the  festival,  according  to  the  ordinary 
reckoning  and  to  Monunsen. 

Ordinary 

reckottiuf.  Hommsen. 

Stenia  ....     9  Pyanepsion  (=Oct.  22)  lo 

Mysteries  at  Halimus    10  ^  »    23  11 

Anodoe  and  Sdra      .11  „  m    34  12 

Nesteia.      ...    12  «  »    25  13 

GalUgeneia  and  Zemia  13  „  „    2S  U 

4.    Thesmophoric    toorship    outside    Attica, — 
(a)   Greece,    The   house  of  Cadmus  in  Thebes 
became  the  temple  of  Demeter  Thesmophoros 
(Paus.  ix.  16,  5),  and  Xenophon  {Bell,  v.  2,  29) 
tells  us  that  the  Theban  women  iy  rf  KaZfitl^ 
Beff/Mo^ptd(«iy  (cf.  Pint.  Pelop,  5).    At  Drymaea 
in  Phocis  the  Thesmophoria  was  a  yearly  festival 
(Paus.   X.  33,   12),   Megara  had  a  temple  to 
Demeter  Thesmophoros  (i6.   i.  42,  6),  and   at 
Argos  the  daughters  of  Danaus  were  said  to 
have  tanght  the  Pelasgian  women  the  rites  of 
the  goddess  (Herod,  ii.  171).      The  tenoples  of 
Demeter  at  Aegina  (Herod,  vi.  91)  and  IVoezen 
(Paus.  ii.  32,  7)  had  ceremonies  connected  with 
them  analogous  to  those  of  Demeter  in  Attica  : 
for  we  hear  of  a  \i6ofiokia  at  Troezen  (t&.  §  2), 
which  probably  resembled  the  fiaWifrvs  of  the 
Eleusinia ;   and  at  Aegina  of  the  ribald  abuse 
(Herod,  vi.  83),  which  was  characteristic  of  the 
yt^vpuffihs  in  the  Eleusinia  and  of  the  Stenia  in 
the  Attic  Thesmophoria.    At  Troezen,  Epidaurus, 
and  Aegina,  Demeter  and  Cora  appear  under  the 
names  of  Damia  and  Auxesia  (Herod,  v.  82). 
At  Agila  in  Laconia  there  was  a  temple  of 
Demeter  to  which  women  only  were  admitted 
(Paus.   iv.   17,   1),   which    perhaps    points    to 
Thesmophoric  worship,   and    Hesychius    (s,   v. 
rpi^fiepoy)  speaks  of  Thesmophoria  at  Sparta 
(cf.  possibly  C.  I,  0,  1435,  of  a  priestess  who 
served  rtuy  Bcaiy).     About  seven   miles   from 
Pellene    in  Achaea  was  a  temple  of  Demeter 
Mysia  (Mysius  was  a  man  who  had  entertained 
Demeter  in  her  sorrow),  in  which  a  festival  was 
held  lasting  for  seven  days.     On  the  third  day 
not  only  the  men,  but  all  male  animals  were 
excluded  from  the  temple,  and  the  women  per* 
formed  mystic  rites  during  the  night  (ipStriy  iw 
rp  yvKrl  Ait6(ra  y6fios  i<rr\y  aJtntus).    The  next 
day  the  men   came  back ;    and   a  contest  of 
abuse  ensued  (Paus.  vii.  27,  9, 10).     In  Arcadia, 
Herodotus  says  (ii.  171),  the  old  original  worship 
of  Demeter  Thesmophoros  survived,  as  it  remained 
unassailed  by  the  Dorian  invaders.     No  doubt 
Demeter-worship    in    Arcadia    presented   very 
striking  peculiarities  and  forms,  such  as  are  to 
be  gathered  from  the  stories  told  by  Pausa&ias  of 

3  H  2 


836 


THESMOFHOBIA 


Demeter  Erinnys  at  Thelpusa  (viii.  25,  4-5)  and 
of  Demeter  Melaina  at  Phigalia  (ib.  42,  1-4) ; 
but  these  have  little  affinity  with  the  law- 
establbhing  goddess,  and  even  the  worship  in 
the  great  temples  of  Demeter  at  Acacesion  and 
Megalopolis  show  not  so  much  Pelasgian  survival 
as  Kleusinian  influence;  for  we  know  that  a 
considerable  missionary  propaganda  of  the  Great 
Goddesses  spread  itself  abroad  from  £leusis 
about  the  time  of  Epaminondas  (cf.  Pans.  viii. 
37,  1-7;  31,  1-7;  Lobeck,  Aglaoph,  1251; 
Preller,  Dem.  u.  Persepk,  148  ff.).  However, 
about  half  a  mile  from  Megalopolis  there  was  a 
temple  of  Demeter  in  the  Msrsh  {iv  Ixci,  Paus. 
viii.  36,  6),  where  women  alone  had  the  right 
to  enter,  which  points  to  Thesmophoric  wor- 
ship, and  about  four  miles  above  Pheneus  in 
Arcadia  was  a  temple  of  Demeter  Thesmia 
{ib,  15,  4). 

(6)  The  Islands  and  the  Cohniet.— With  regard 
to  the  Thesmophoria  at  Eretria,  Plutarch 
{Quaest.  Graec,  31  =  ii.  298)  asks  why  the 
women  cook  their  meat  in  the  sun  and  not  on 
the  fire,  and  why  they  do  not  invoke  Calligeneia 
(ical  KoXXjy4tffuuf  oh  icaXoi;<ri);  and  gives  the 
unsatisfactory  answer  that  it  was  because  the 
captive  Troian  women  on  the  return  from  Troy 
were  sacrificing  the  Thesmophoria  there,  when 
suddenly  a  favourable  wind  sprang  up  and  they 
had  to  leave  the  ceremonies  uncompleted.  Crete 
was  a  very  old  seat  of  Demeter-worship 
[Obphica]  (cf.  Hom.  Hymn,  to  Dernet,  123; 
Hes.  Theog.  971),  having  among  its  months  two 
called  Eleusinios  and  Thesmophorios.  From 
Crete  it  passed  to  Pares,  where  it  was  in  the 
highest  degree  important  (Herod,  vi.  134-5): 
we  read  that  there  Timo  was  ^o(dKopw  r&v 
xBwlmif  9t&¥f_  guarding  rb  €pKos  9t<rtio^>6pov 
A^/ii|rpos,  and  was  accused  of  naving  shown  to 
Miltiades  sacred  emblems  which  should  not  have 
been  disclosed  to  any  one  of  the  male  sex.  The 
archives  of  Paros  were  kept  in  the  temple  of 
Demeter  (C.  /.  0,  2557,  22).  Cabamus,  who 
in  the  legend  was  said  to  have  pointed  out  to 
Demeter  where  Persephone  had  been  carried  off, 
was  the  reputed  ancestor  of  the  Parian  Demeter- 

griesthood  (C.  /.  0.  2384).  Perhaps  this  Parian 
>emeter-worship  was  originally  a  family  one ; 
and  when  later  it  became  a  public  worsmp,  the 
family  retained  the  chief  priesthood  of  it,  like 
some  of  the  priesthoods  at  Eleusis.  From  Faros 
it  passed  to  Thasos  (Paus.  z.  28,  3),  if  the 
worship  referred  to  here  is  Thesmophoric  At 
Delos  there  wait  certainly  a  Thesmophoria 
(Athen.  iii.  109),  where  a  cake  called  axaf^ij 
was  used  (Lobeck,  op.  cit.  1063)  ;  and  in  Cyprus 
there  was  a  Thesmophoria  lasting  for  nine  days 
(cf.  Engel,  Kypros^  ii.  653-4).  We  hear  of 
Thesmophoric  worship  in  Asia  Minor  at  Ephesus 
(Herod,  vi.  16),  Miletus  (Steph.  Byz.  MUiirofX 
Laodicea  (C  /.  Q.  4000,  a  curious  inscription, 
where  see  Boeckh's  notes),  Smyrna  (i6.  3194, 
3211),  Priene  (t6.  2907);  in  Macedonia  (Polyb. 
XV.  29, 8)  ;  in  Thrace  at  Abdera  (Diog.  L  ix.  43) ; 
and  even  so  far  away  as  Panticapaeum  (C  /.  O, 
2106-2108).  Demeter-worship  came  into  Sicily 
from  Greece,  and  at  Syracuse  there  was  a 
Thesmophoria  in  spring  (also  called  Demetria, 
Diod.  V.  4),  at  which  ftvAAol  cakes  of  sesame  and 
honey  in  the  shape  of  i^fieua  ywauctia  were 
eaten  (Athen.  xiv.  617) ;  and  aCoreia  in  summer, 
which  was  a  very  splendid  feast :  in  it  appeared 


TH0LU8 

the  traditional  'ourxfMAoYia  (Diod.  L  e.).  At 
Catana  there  was  a  worship  of  Demeter  by 
women  only, — her  statue  was  never  even  heard 
of  by  men  till  Verres  stole  it  (Cic.  Venr.  iv.  45, 
99) ;  and  at  Agrigentum  there  was  a  Thesmo- 
phoria (Polyaen.  v.  1).  In  Naples  and  the 
adjoining  country  the  worship  of  Demeter  was 
widespread  (C.  I.  0.  5799,  and  perhaps  5838 
with  Boeckh*s  note).  The  rites  of  Ceres  were 
the  only  foreign  mysteries  tolerated  by  the 
Romans  (Cic  de  Leg,  ii.  9,  21);  but  they 
readily  accepted  her  rites,  making  the  Greek' 
priestesses  of  Demeter  (who  almost  all  came 
from  Naples  or  Velia)  Roman  citizens  (cf.  Cic 
Balb^  24,  55).  At  Cumae  to  be  prieatesa  of 
Demeter  Thesmophoros  was  the  highest  honour 
to  which  matrons  could  aspire  (Plut.  Virt.  Mvl. 
26  =  ii.  262) ;  and  an  inscription  of  a  priestess 
of  the  same  goddess  has  been  found  at  Pompeii 
(C.  /.  G,  5865). 

The  chief  work  on  the  worship  of  Demeter 
Thesmophoros  is  Preller,  Demeter  und  Perwepkone^ 
335-365;  also  his  Griechische  Mythologies  i.* 
639-641.  As  regards  the  Athenian  festival,  see 
A.  Mommsen,  Beortologie  der  Athener,  287-302; 
and  Fritzsche's  edition  of  the  Thesmopkorianuae. 
For  further,  compare  Welcker,  GriecMsche  Got" 
terlehre,  ii.  495-540;  Maury,  Hisloire  da  Be-- 
ligions  de  la  Grece  antique^  ii.  222-229;  Schd- 
mann,  Griechiache  AlteHhSmer,  iL  482-4 ;  K.  F. 
Herman^  GotUsd.  Alterthumer,  §  56,  12-27 ; 
Mr.  J.  G.  Fraxer,  The  Golden  Bovghy  iL  44  ff, 
and  Encyclopaedia  Briiannica  (ed.  9),  s.  r.  The*- 
mophoria;  and,  above  all,  Lenormant's  article 
on  Ckbes  in  Daremberg  and  SagUo's  IHct,  dee 
AntigtUtSe,  i.  1021-1078.  (X.  C.  P.] 

THESMO'THETAE.    [Abchon.] 

THETES  (errrtsy  In  earlier  times  this 
name  denoted  any  freemen  who  worked  for  hire 
(pt  cycKa  rpoipris  SovXc^rres,  Photiua,  s.  v.; 
i\tvB€p&y  Svofta  9ik  rcyfor  ii^  kfyvpltp  SovXcv^r- 
r»ir,  Pollux,  iii.  32).  Homer  {Od.  iv.  644)  speaks 
of  O^TTci  Tc  hfiAis  T€,  the  Utter  properly  signi- 
fying those  who  became  slaves  by  captivity. 
That  Thetes  were  not  adacripti  glebae,  like  the 
Penestae  or  Helots,  appears  from  (kL  xL  489,  and 
still  more  plainly  fron^  Od.  xviiL  357  ff.,  where 
'*  free  contract "  and  "  sufficient  wages  "  are 
expi*e8sly  mentioned.  (Compare  Schttmann,  AnL 
Jur,  PvU,  p.  70 ;  Antiq,  i.  41  E.  T. ;  Skevcs, 
p.  656  6). 

The  persons  best  known  by  the  name  of  fiirf t 
are  the  members  of  the  fourth  or  lowest  claas 
at  Athens,  according  to  the  political  division  of 
Solon.  They  are  spoken  of  under  Cekbub  (Greek) 
in  Vol.  I.  The  cleruchies  (icXifpovx^)  of  the 
time  of  the  Peloponnesisn  war  were  mostly 
recruited  from  them.  As  Thetes  they  did  not 
serve  in  the  Athenian  army  as  hoplitM,  only  as 
^iXof:  but  on  becoming  cleruchs  they  parsed 
into  the  class  of  ^cifyiroi,  and  therefore  of  hop- 
lites.  The  Athenian  armies  during  the  war 
were  thus  reinforced  by  at  least  10,000  inen 
(Gilbert,  Siaataalterth.  i.  421). 

[C.R.K.]    [W.  W.] 

TH0LU8  (a^AosX*  round  buildings  probably 
the  most  primitive  form  of  hut,  a&d  ao  pre- 
served traditionally  in  a  house  or  dty.  In  the 
Homeric  house  it  stood  in  a  comer  of  the  «f  A9. 
and  a  rope  stretched  round  it  from  a  column 
was  high  enough  to  hang  the  uniaithfbl  servants 
from  (Od.  xxii.   466).      It   is  staled   to  hare 


THRONUS 

•erred  u  >  itorehouM  (Schal.  Aid.) ;  tai  if  id, 
it)  rM«mbliince  to  th«  itiffaupit  nnd  alto  to 
Whin  tombs,  like  thou  tt  Uycense,  ii  to  ba 
nntleed.  For  aa  acMnat  of  th<  Tholiu  at 
Athena,  ice  PSTTIKEDU.  The  Tholoi  at  Epi- 
dannu,  which  wu  built  bj  Poljreleitai,  waa  of 
nmirkable  beauty  in  iti  eiecation;  iti  ground- 
plan  and  portiona  of  iu  antiitectar*  haFe  been 
reconnd.  It  va*  roand,  nnd  had  aa  eiternil 
coloDDide  of  the  Doric  order,  and  CDrinthLan 
int«niil  columna.  It  contained  {dcturei  bj 
Faoaiu,  but  there  ia  no  record  of  the  pnrpoae 
for  frhlch  It  waa  uned.  The  name  lAolu*  la 
uaed  later  for  nnj  cireular  building.  (Tiountit, 
in  'Ef  Qfiiplr  'Apx<"0'^BT"4<  ^^^^i  PP-  ^^ 
tqq. ;  UpwTiKk  T^j  'ApxBxADfiic^i  •Erai- 
pti,,  1883,  n«.  r.)  [E.  A.  O.] 

THB0NU8.  The  n«  of  the  Ibrooa  aa  a 
ajrmbol  of  kinglj  power  or  authority  in  general 
ii  eo  ancient,  that  any  inquiry  Into  its  origin 
would  lead  fXr  beyond  the  earlieit  record!  of 
Oreoce  and  Italy.  Eren  on  tlie  pre-hiitoric 
remaini  fouad  at  MycanBe  and  other  litea  in 
Greece  and  on  the  iilanda  of  the  Aegean,  laatad 
fignre*  are  reprtiented  in  a  way  which  leare* 
DO  doubt  that  they  are  recaiTing  homage.  Va- 
fortunately  then  thronei  are  id  poorly  repre- 
•ented,  that  no  idea  uf  thon  then  u»d  can  be 
(ained  from  them. 

In  Homer  the  tpiroj  ii  dittingoiahad  from 
■II  other  fomia  of  aeat  [Belli],  and  waa  need 
by  kinga  and  princei.  It  woi  not,  howeTer, 
wholly  conlined  to  them,  fur  any  gneit  whom 
tha  prince  wiihed  to  honour  waa  giren  a  throne. 
Tetemachua,  for  inatance,  abowa  hit  reipect  for 
Athena  when  aht  arrirea  diaguiiaJ  aa  Mcntei  in 
thia  way  (Of.  i.  130).  It  waa  doubtleia  on  tbli 
account  that  we  find  the  >eaU  of  all  tha  gueiti 
In  magnificent  paiacea,  ancb  aa  that  of  Alcinona 
or  the  hofpitable  home  of  Odyaiani,  are  called 
tf6woi  {Od.  XTi.  408).  Aa  might  be  aipected 
fltim  this,  the  aaata  of  the  goda  are  alwayi 
tpiiiai,  eicept  In  one  paaiage  {It.  riii.  433), 
where  all  eicept  Zeoi  ait  on  aXiOfuf,  he  taking 

ahow  hia  anpremtcy.  The  idea,  in  fact,  ia  tha 
nma  at  that  in  the  mind  of  the  artiit  of  the 
Parthenon  frieze.  On  the  west  aide,  in  the 
aaiembly  of  the  goda  he  haa  given  Zeui  alone 
a  throne  with  back  and  arma,  wheraaa  the 
taata  of  the  other  gods  are  mere  atoola  (cf. 
BritiA  JfuMHm  Oaide  to  E^gin  Marbltt,  p.  66, 
No.  29). 

The  epitheta  in  Homer  do  not  give  much 
Informafion  about  tha  ahape  or  appearance  of 
tha  thrones  ha  mantioiu.  It  waa  high  (P^\oi, 
Od.  TiiL  422),  and  alwaya  had  a  fbotatool 
(Bp^rvt,  Od.  i.  131 ;  lii.  57).  It  waa  covend 
with  rugs  and  carpets  (_0d.  i.  130  ;  il.  150)  of 
the  ricbeat  kind.  From  the  epithets  (riyaAiffii, 
^atirii,  and  Efor^s,  we  may  conclude  that  it 
was  made  of  wood,  turned  and  highly  polished. 
The  wood,  however,  was  dten  orertaid  with 
gold  plating  (jcflxriui,  U.  Tiii,  442),  in  the 
style  that  the  gold-leaf  omxmtnts  from  Mycenae 
hare  made  to  familiar  (cf.  Schuchhardt,  Schlit- 
manit't  Aatgrtiningtn,  26T  foil.).  There  it  no 
•nmtiou  of  a  throne  baring  anni ;  but  from  the 
■cconnt  of  the  death  of  Antinous,  Helbig  infers 
that  they  were  nted  (Otf.  nil.  8-20).  The 
earliett  monnmenta  thawing  thronea  are  the 
radt   lerra'^otta   atatuattaa   repreaantii^   god- 


TEBO^VB 


637 


deaaes  which  are  found  with  pottery  of  the 
Dipylon  and  other  Geometric  itylea  (cf.  JahriacK 
dti  d.  AnA.  Inst.,  Boehlau,  1B88).  Theta,  how- 
trer,  show  little  more  than  that  the  back  wai 
straight  and  oraamented,  and  that  fooUtoola 
were  generally  used.  One  may,  howcFer,  traca 
in  the  magnificent  throne  which  later  ages 
proTided  for  temple  idoU,  a  traditional  sarriTal 
of  the  gorgeontnets  of  Heroic  timet.  Two  of 
these  are  tha  Ihrons  of  Apollo  at  Amyclae,  tha 
work  of  Batbyclei  of  Uagneaia  (Peas,  iil  18, 
19),  and  the  throne  of  Zeua  at  Olympia,  designed 
and  eiacnted  by  Pheidias  (Pans.  t.  11).  The 
former,  however,  was  not  a  throne  in  tbe 
ordinary  seuse,  being  a  structure  bnilt  round 
the  old  wooden  idol  ({rfvor),  whioh  of  courte 
could  not  be  pnt  in  a  sitting  attitude.  The 
latter,  horsTer,  wat  in  all  reapecta,  eicept  its 
colosHtl  tiie,  a  throne;  tha  additional  pillan 
inserted  between  the  legs  to  support  tha 
enormous  weight  of  the  statue  being  the  only 
difference.  Pauiaaias  (toe.  at.)  giTea  a  foil 
description  of  ita  structure  and  decoration.  It 
was  mads  of  ivory  and  gold,  ornamentad  with 
gems  and  ebony,  sculptured,  inlaid,  and  painted. 
The  back  was  high  and  innnounted  by  sculp- 
tured groups  of  the  Graces  and  Seasons,  which 
rote  about  the  bead  of  the  god.  Between  tha 
eight  crossbsra,  and  below  i 


mnltitnda 


footstool,  tha  wholi 
of  Sgure.  and 
groups  represent- 
ing mythological 
heroes  and  talcs. 
Thia  throne  is  well 
shown  on  the  coins 
of  Ells  of  tbe  time 
ofHadiiiD,asmall 
sketch   of  the   fa- 

thelr  reverse  (cf. 
Joam.  of  Hellenic 
Sluditt,  vol.  I.  9B). 
It  agrees  well  with 
Fanaanias,  ahowing  the  high  back,  the  Sphinx 
supporting  the  arm,  the  croat-bars  belwaea 
the  legs  and  the  footstool.  It  fails  to  abow 
tbe  two  groups  staudiog  on  the  back,  and  of 
course  gives  no  idea  of  the  decoration.  Htg- 
niRcent  as  this  throne  was,  there  ia  nothing 
beyond  ita  siie  and  artistic  merit  which  might 
not  have  been  found  on  tha  aeala  of  early 
Greek  kings.  Even  the  more  or  leia  common- 
place forma  on  the  monuments — the  grave  reliefs 
in  particular — show  much  variety  of  design  and 
complicated  decoration. 

The  beat  known  of  the  grave  reliefs  of  the 
type  in  which  the  dead  man  appears  enthronsd 
and  receiving  the  homage  of  his  descendants  ia 
the  Harpy  tomb  from  Lvcia,  at  the  British 
Muteum.  It  shows  ua  no  lets  than  five  thronea, 
the  moat  typical  of  which  are  thoae  on  tha  alab, 
where  two  seated  ladies  receive  offerings  from 
three  women.  The  lady  to  the  left  it  on  a  throne 
with  legs  of  turned  work  strengthened  by  croes- 
bars.  The  arm  which  ia  visible  Is  also  of  turned 
wood,  and,  as  in  the  ctie  of  the  Olympia  throna, 
ia  supported  by  a  Sphinx.  Tha  lady  to  the 
right  site  on  a  throne  with  very  solid  square 
Ieg^  which  end  above  in  an  early  form  of  tha 
Ionic  rolute  (cf.  Puchitein,  Z>iit  /onucAe  Capitdt), 
and  are  decorated  in  tba  iniddle  with  a  palmette 


I  irm  enda  in  b  nm'e  head,  uid  j  On  the  othsr  aidci  of  th«  tomb  wc  >«•  other 
th*  top  of  the  back  ii  bent  orn  and  orred  into  Tarietie*,  oae  teat  hiring  ao  back,  another  do 
the  ahape  of  a  goon'*  head.  Both  throne*  are  unu,  while  the  third  hu  an  arm  anppoited  bj 
thickly  ca*hiDDed,  and  both   hare  a  footitool.  |  the  figure  of  ■  Triton,  and   front  leg*  etrrid 


ftom  the  Harp;  Tomb.    (Hurra;.) 


like  the  fore-Iegi  of  a  lion.  Thia  imitation  of  a 
lion'a  leg*  and  paws  i*  Terj-  commDn,  bnt  onlj- 
in  the  caae  of  the  fore-legi.  A  leriM  of  grave- 
reliefa  hotroTar,  from  Sparta  and  the  neighbour- 
hood (cf.  MittMiangt*  dtt  Ath.  Intt.  I8TT), 
■howa  all  four  leg*  carved  in  this  wajr,  the  back 
lege  being  ihiped  a>  hind  pava.  Stndaicika  ' 
pointed  ont  that  thii  curioui  featnre  U  onlj 
elHvhere  on  Tuea  of  the  Cyrenaic  claia,  and 
that  it  ii  the  pattern  in  which  almost  all 
Egyptian  thronei  are  carved.  Thii  leadi  him 
to  derive  the  fashion  from  Egypt  {Cyrene, 
p.  S),  and  the  remarliabl*  coincidence  of  icTenl 
other  (hape*  make*  the  hypotheaii  a  probable 

Egypt,  bowefer,  wai  not  the  only  coontry 
from  which  tbe  Greek*  borrowed  their  modelt 
of  throne*,  for  the  connexion  with  Aaayris  and  the 
Ea*t  i>  even  atronger.  Thii  i*  eipecialiy  to  be 
■een  in  the  nae  of  certain  primitive  forma  of  the 
Ionic  capital  and  the  very  peculiar  variety  of 
tbe  palmette  ornament,  la  which  two  elliplical 
cat*  are  tnade  oa  each  side  of  the  leg,  leaving  a 
narrow  bar  which  i*  nsed  in  the  decoration  ai 
the  ttalk  of  a  double  palmette.  Both  these  are 
■hown  by  the  aecond  throne  deacrihed  above, 
and  both  are  very  common  in  vaae-painting*,  of 
all  period!  eicept  the  very  latest.  Tbe  natural 
inference  ii  that  the  work  of  Oriental  cabinet- 
makera,  travalliog  throBgh  Qreeco  proper,  wai 
the  aourc*  from  which  tbe  Greek  carpenter 
derived  hia  patterns  and  omameDt.  Not  that 
he  copiod  ilaviahly;  for  the  bewildering  variety 
of  thrones  on  vasc'paintiagi  make*  any  simple 
deacription  impouible,  and  tbow*  that  much 
invention  waa  bestowed  on  their  maoufacture. 
Some  of  the  fantaiy,  it  is  true,  mnit  be  the 
artist's ;  for  he  give*  himaelf  free  hand  ia  the 
matter,  and  omita  back*,  arm*,  and  footatool  *■ 
it  may  happen  to  suit  hia  deilgn. 

Much  more  reliable  are  the  copies  In  atone  of 
actual  Mat*,  in  which  atatne*  were  frequently 
carved ;  ai,  for  instance,  tho*e  from  the  *acred 
way  of  Brancbidae,  now  in  the  British  Uueeum. 
Such  throne*  were  used  by  men  of  luthority, 
*nch  SB  prieats,  judges  at  the  game*,  and  teacher* 
InichoDla  (cf  ButttttiKO  dell'ItutUuto,  1890,  L 
p.  1, "  Parodia  d'  nna  seen*  di  aeuola  ").    It  wa* 


with  thrones  such  as  theae  that  the  Greek  of 
claarical  time*,  to  whom  the  insignia  of  royally 
ware  ecarceiy  known,  wa*  acquainted.  In  later 
time*,  eapecially  under  the  Roman  Emflte.  it 
became  the  cuitom  to  dedicate  honorarv  *nti 
or  throne*  in  public  placea,  generally  the 
theatre,  to  the  nae  of  di*tingui*hed  ptoptt. 
Snch  are  the  *e*t*  of  bene&ctor*,  priati, 
archon*,  geoerali,  and  other  olGciali,  whicli 
still  remain  in  the  theatre  of  Dionyms  st 
Athens  (cf.  C.  I.  A.  iiu  240  atq.;  and  Htn 
Harrison,  Hythoiogy  and  ifonumeitla  cf  Anaral 
Atluiu,  pp.  273-277).  Beside*  these  ceremomsl 
*eat*,  each  head  of  a  house  bad  a  chair  la  whicli 
he  aat  aad  entertained  gueati,  which  was  sm 
unlike  the  old  Bfint  in  shape  and  went  by  iti 

Snch  al*o  was  the  case  at  Rome,  where  (he 

lo/hmi  wu  only  Qied  by  the  paterfamiliai,«ho<*t 
in  it  of  a  morning  when  giving  audieoca  to  bii 
clients  (Cic.  dt  L^.  i.  3,  10  :  "  Cum  praestttin 

*olio  consnleatibu*  respondereffi  ").  Tbe  anJaM 
wa*  in  form  practically  the  >ame  as  tbe  Greek 
fporoi,  and,  like  it,  wa*  the  aeat  of  god*.  Tbt 
•eat  of  the  teacher,  however,  wu  not  celled 
>o/itun  but  taHadra ;  a  word  which  in  otherwiK 
used  a*  a  tranalation  for  lifpM,  not  tfim- 
Solium  ia  al*o  the  name  for  a  peculiar  kied  of 
bathing  chair,  in  which  the  bather  sat  and  hal 
hot  water  thrown  over  him.  Such  ehaira  art 
to  be  Been  in  many  mnseuma  (cf.  Dtremherf  tl 
S^lio,  Did.,  art.    BalMoe,   fig.    768).      Soise, 

of  a  hip  bath,  and  are  frequently  mentioaed  liy 
medicii  writer*  (Celso*,  vii. SG, &,"in  *oliuni... 
aquae  calidae  reiupinna  demittendu*  est;"  cf, 
Keatui,  p.  398  b,  32  M.,  "  Alvei  quoqae,  lanuli 
gratia  [natitnti,  quo  siagaU  dewxndnnt  aolia 
dicuutar." 

(Baumeister,  DenhnSltr,  art  Anef;  Iwu 
Miiller,  HimSnieh,  pp.  381,  3651  Onrbect, 
Platlik,  i.  56,  74  foil.;  Blnmner,  Kwittft^arti 
i»  AlterlAvm,  i.  p.  Ill,  ii.  p.  41;  Buchholi,  Hi. 
iL  138 ;  Hermann- Bliimaer,  PrivaJallirMnitr, 
p.  158;  Helbig,  Dai  AonwrucA*  Epat,  pp.  IDS, 
118  foil,,  378;  fieeker-Gtlll,  Cl^irMet,  m.  SL) 
[W.  C  F.  A,] 


THTBSVS 

THTB8DS  (tipcn),  ■  wind  or  >c«)>tre  I 
Mnicd  bf  Dionyu*  (Buchnt)  and  by  Statyrs,  I 
Mmdw)*,  ■ad  oth«n  engagrd  Id  Bacchic  ritM 
<Earip.  Ba-xliaf,  25,  80,  88,  733,  763,  t099 ; 
Cyeb^ii,  62,  BiMxat  ft  ivfviif6pai ;  Achen.  ut.  I 
p.  631a;  Verg.  Agn.  rii.  390;  Hor.  Od.  ii.  19.  \ 
S.  Ik.).  It  Dinillr  coniiiti  of  a  itraigbt  iloff 
■nnnauDt«d  by  a  pina-cone  (Anth.  Pal.  vi.  165, 
d&ftffou  j(_koi^ir  Kmra^pav  Kdftojta),  or  br  b 
bunch  of  Tine-lcaTM  and  gr«p«  or  iTy-leavei 
and  benias  (Or.  Mtt.  xi.  27,  28 ;  Ptop»rl.  iii. 
3,  35).  A  riband  or  HIM  ii  found  attached  to 
it,  joit  beioiT  the  pine-cone  or  the  bunch  of 
ieavea.      On   the   mannmenta,   tha    {nn^cone 


,   (Hui 


•npean  moat  commonly  to  form  the  bald  of  the 
thyniu.  The  pinecone-headed  thynui  i*  held 
by  Dionyu*  on  an  Attic  temmtta  of  early 
style  fifnrad  la  Baumeiitar,  Dtithn.,  art. 
DionyMW,  fig.  481,  and  ia  wen  in  the  banda  of 
Dionyaoi  and  a  Satyr  on  an  unphora  of  good 
atyla  figured  «..  art  Dionywi,  fig.  481  =  Mm. 
Iiut.  Ti,  rii.,  Tar.  70.  It  may  alio  be  leen  on 
rad-Sgnied  ruit  of  the  beat  period  (ti.g.  In  the 
BtlUih  Haaeam,  naea  labellKl  E  IM,  E  179. 
B  356,  E  372,  K  379)  and  on  later  raiea 
(Britiih  UnaFuin,  T  91),  on  gema  (A.  H.  Smith, 
Srit.  Jftu.  Cat.  Ewjravtd  Gttni,  Noa.  957,  1P23), 
«  RomiD  rtlirf)  {Aac.  Mariln  in  Brit.  Mm.  ii. 
pi.  xlLXand  on  mint  (the  thyriai  i>  an  occaiional 
type  and  n  not  infrequent  ijiDbol  on  colna.  It 
iM  the  pine-cone  head).  The  thynui  with  the 
i«y-bnnch  top  ii  found  on  Taies  both  of  the 
£ne  (Britiih  Huieum,  E  54,  E  109,  E  153}  and 
Uter  periodi  (Brit.  Una.  F.  377).  Ocaiinmllr, 
aa  on  certain  Roman  terracotta  relief*  in  the 
Britiih  Mnienm  IDtieript.  o/^nc.  Ttrraooltai 
in  Brit.  MHt.,  No.  iii.,  pi.  lili.;  A.  No.  iiirii., 
pi.  XI.),  the  thynni  hai  the  pine-cone  at  each 
endoftbe  itnff.  An  intereiting  coin  of  Amisna 
■n  PontOB,  itmck  under  the  infinence  of  Mith- 
ridatoa  Enpator  (the  Oreat),  ihowi  a  pinecone- 
beaded  thynna  with  the  itaff  formed  of  a  pioc- 
branch :  frem  the  riband  attached  to  tbia  thynui 
is  loapended  a  bell  on  a  cymbal,  an  nnniual 
■ddttion  (•«•  Wroth,  CatoL  rmlui,  Ac  pi.  iii. 


TIABA  83» 

Ko.  to ;  p.  IS,  Ko.  58 ;  cp.  the  thTrant,  ib.  pt. 
iu.  Noi.  7,  8,  9). 

The  pine-cone  or  leafy  bunch  of  the  thyrana 
waa  sometlmei  luppoasd  to  conceal  a  >pear-hesd, 
used  ai  n  weapon  by  Dionyaoe  and  hii  followen. 
Tbia  ia  what  ia  properly  called  the  lupaixayxoi 
(CalUi.  ap.  Athen.  t.  p.  200;  Diod.  Sic.  iii.  65, 
iT.  4;  Hacrob.  Sat.  i.  19;  Ludan,  Bacch.  4; 
Or.  ifcf.  iii.  667). 

It  may  be  added  that  the  pillars  of  the  banqnat- 
chamber  built  for  the  great  featlTal  of  Ptolemy 
Philadelphua,  deicribed  by  Atbenaeuj,  t.  196  af., 
repreaented  thyrai  and  pa1m-tre«  alternately. 
(For  another  eiample  of  a  thyraut,  tee  woodcut 
noder  Vannub.)  [W K  W H.l 

TUBA.  To  the  Greek*  the  riipa  or  riAfit 
waa  known  only  ai  the  hend-dreaaof  tha  Peniani. 
Herodotaa,  whoH  iaroimation  on  tbia  point, 
unlike  that  of  moat  claaainl  writera,  ia  at  tirtt 
hand,  layi  that  it  wMofaoft  felt  (Til.  61,  ridpoi 
KoAeofi^nuf  vlXavt  ivBT/aT;  cf.iii.  12),  and  waa 
worn  by  the  Peruana  not  only  when  campaign- 
ing, hut  at  the  more  peaceful  occupation  of 
aacrificlu:  (i.  133:  cf.  Serr.  ad  Am.  Tii.  247). 
Later  writeti  add  that  it  waa  the  diatinctive 
dreaa  of  the  ifo^i  (Paua.  r.  27,  6;  Strabo,  i*. 
p.  734).  The  only  reference  to  the  ahapa  of  the 
TidfH  atema  to  be  the  compariHn  of  tome  leather 
helmet!  with  a  knot  in  the  middle  of  them  which 
Xenophon  makea  (_AniA.  t.  4,  13,  Kpdrii  axiruia 

pMitq). 

On*  particular  form,  howerer,  tha  npright 
Tiiaa,  ia  often  mentioned  aa  being  the  peculiar 
badge  of  tha  Great  King ;  no  one  elie  being 
allowed  to  wear  it  (Xen.  Anab.  fi.  5,  S3).  Ari- 
■tophanea,  referring  to  It  under  the  name  «^p0*- 
irlar  IpHr  (Jr.  487),  comparei  It  to  a  cock's 
comb,  liiia  compariaon  enablea  ns  to  identify 
it  with  tha  head-dreia  of  Dariua  on  the  cele- 
breted  South  Italian  Vaae-Painting  In  the 
Naplei  Muaeum.  It  ia  eridentlr  highlTadomed 
with  jewela  (cf.  Val.  Race  vi.  699),  though  we 
cannot  traca  the  diadem  which  aometimea  lur- 
Tonnded  it  (cf.  Sen.  Cgrop.  riiL  3,  IS,  ttx> 
(KufDf)  ti  Ksl  IidSq/ia  npt  if  Tidpf),  The 
tiara  which  Xeriet  In  hii  flight  after  Salamia 
gave  to  the  people  of  Abdera  waa  bedecked  with 
gold  (Herod.  Tiii.  120,  iiinvitimt  Ti^pji  xpi~ 
vitwifi^'),  and  wM  doubtlefi  the  kingly  form. 
The  ordinary  tiara  is  that  worn  by  the  youth 
who  (tandt  behind  Dariua  in  the  Taae-painting, 
and  ii  a  felt  cap  of  the  kind  familiar  t<i  ua  aa 
the  Phrygian  cap.  It  ia  long  and  conical,  and 
the  point  falli  forward  over  the  brow  of  the 
wearer,  and.  like  the  upright  form,  baa  lappeti 
at  each  aide  of  the  ear,  which  could  be  [tad 
under  Ihe  chin,  ao  that  In  late  Greek  it  waa 
uaed  of  a  bood.  Soiomen  (H.  E,  iii.  14,  p.  HI) 
calla  a  iDUKe^ov  (=cuciiffu))  worn  bychildrtn, 
a  Ttdpa.  The  Scholiast  on  Plat.  Hip.  TiiL  553 
tella  n>  that  the  proptr  name  for  the  upright 
Tid^  ie  irfTafii  (or  icllapif),  though  he  adda  that 
Theophraitui  laya  it  ia  Cypriote,  not  Peraiia 
(rirlt  Iii  ml  nirsfa  \iyoaffi  t6  alrri  •  Stippa' 
rrot  »  tr  r^  wpi  ;9«r(A.iIc»  Kvwpimr  thai 
\iyti).  Cartiua  girea  a  iiill  fuller  account  of 
it  under  the  aame  name,  earing  that  it  ia  bonud 
niund  with  a  blue  and  white  band  (iii.  3,  19, 
"wdarim  Peraae  TO  *  "' 
qnod  cserBlea  faj( 
ibat> 


840 


TUBA 


There  bi*  been  some  ditcnuioD  m  to  whethtr 
KUpfiaata  is  identical  with  the  TiJpo,  or  not,  but 
th«  pBMage  quoted  ibore  fiDin  Arislophantt  lod 
Its  UK  in  Herodotni 
(T.49)...n.topl«™ 
it  bejond  B  doubL 
The  onl  J  [>**Hge  that 
\  vDDtiicu  with  thia 
^  '  ^,  I  Tiew  ii  the  deKrip- 
-''  f' j  tion  in  Harodotus 
-'  of  the  c«p«  of  the 
,  'i  Suae,  which  were 
^^_/>  upright,    ntiff,     Dad 

-l-^-  pointed  (vii.  64,  3i- 

Tlu».     (Fma  «_tiito_or  Tl-    kbi  . . .  RVf>0av(iit    i( 
■"'       '   '     "-"•   if!,  iuriyiiint  ijiSit 
tlxai       rtmyvf^h 
but  the  Swwt  were 
Seylhiuu    niid    lu-t 
■liiiil,     ind     the 
word  might  well  be 
used    in    deacribing 
the  felt  OT  >hi-epakin 
bjTu-tin 


Tl»r».    (ftom 

king 

]  writen  *I1  mt  the  word 
way,  and  regard  it  u  being  e^peciallj  ft  Phrygian 
bead-dreu,  both  of  men  and  womeD  (Jnr.  *i. 
516).  ThminGraeco-Raminartitwaigenerallj 
giTcn  to  Parii,  Uittarai,  and  other  Aiiatic 
cbaractan;  whilo  the  Itinglf  tian  fall<  to  the 
lot  of  Priaro  (Verg.  Atn.  rii.  346  and  Serr. 
ad  loe. ;  Jar.  x.  267).  It  it  internting  to  note 
on  a  South  Italian  Taae-pnintiag  (Bnumeister, 
DtidanOtr,  Rg.  763)  that  Priam,  weeping  orer 
the  dead  bodjr  of  Heetor,  wear)  an  upright  tiara 
with  the  "cock'i  comb." 

Later  writen  ipokH  of  It  aa  Parthian  (Sidoains, 
Girn.  tI).  98 ;  iilll.  358),  and  the  Chnrch 
writen  used  it  for  ■  Uihop'i  mitre  (cf.  Hieron. 
Ep.  64,  u.  13;  Enohra.  Inttr.  2,  10).  It  ii 
needleii  to  aay  that  it  had  do  connexion  with 
the  iiWpa  known  it  Aiiatic  to  claaiieal  writert. 
rHintA.]  [W.  C  P.  A.] 

TI'BIA.  The  word  iJ-\it.  though  it  ia  com- 
manly  tnuulated  "flute,"  denote*  any  kind  of 
wind  inttmment,  with  the  etceptlon  of  trumpeta 
and  homi.  At  a  rule,  howerer.  It  ia  nted  in  a 
more  restricted  HDie  for  the  dcnble  oboe  or 
clarinet,  which  it 'familiar  to  Da  nnd«r  the  mii- 
iMding  name  of  the  "double  Ante."  Thia  ji 
quite  wrong,  for  the  obAli  had  a  mouthpleM 
((•v>si)  in  which  a  vibrating  reed  (yA*rra) 
waa  fitted,  whereai  In  the  flDt«  the  aoand  ii 
produced  by  blowing  a  ilream  of  air  acroai  a 
plain  bole  In  the  pipe  of  [he  inatrnment.  The 
truo  Greek  repreaentative  of  the  modem  Ante 
la  the  rSptyf  fumiiAaHoi  (liitDla),  at  di>- 
tingniahed  from  the  rvpirf  vaAuKdAo^t  or 
Pan'*  pipe.  Both  formi — the  aifty^  or  flute, 
and  the  oboe  or  n&Ati  proper — are,  it  would 
•eem,  na  old  u  Homer,  who  tella  ut  that 
Agamemnon,  unable  to  tleep,  heard  afar  off  in 
Troy  a^Kty  mfiyyui  r'  irowir  {II.  i.  IS).  ' 
The  flute,  howerer,  wai  held  in  but  low  ateem,  ' 
and  wia  thought  a  fit  inatrnment  for  ahepherda 
and  other  couutry  folk.  The  art  of  playing  the 
mbxii,  or  ■fiAitrurt),  waa  on  the  other  hand  a 
neoeiaary  part  of  education.  In  Boeotia  it  wit  the 
national   iutnunent,  and  at  inch  tb«  Atbeniau 


TIBIA 

affected  to  dnpiie  it  in  comparison  with  the  Irre 
(cf.  BOttiger,  Ki.  Schri/lat,  1.  14),  tbongh  lu  a 
matter  of  fact  they  uied  it  aa  much  as  the  other 
Greeks.  It  ia  very  frequently  seen  in  works  of 
art,  especially  tnie-paintingt,  and  with  the  aid  af 
these  and  the  many  notices  in  literature  we  are 
able  to  form  in  accurate  idea  of  ita  ttroelnre.  H 
consiited  of  a  pipe  (fiiiiBvt,  Poll.  ir.  TO),  which 
in  the  aimplett  form  was  made  of  read  (icixmiiai 
Sofi^uirfai,  Theophr.  H.  P.  ir.  11,  3),  but  might 
be  of  bone,  metal,  or  even  irory.  To  this  w»» 
attached  by  means  of  a  socket  of  bone  (lA^uaa- 
or  i^kiuet)  the  mnuthpiec?  {(tuyti),  in  which 
was  died  the  vibrating  reed  (TAArra).  The*- 
phrastua  ('.  c.)  aaya  that  the  (onad  is  best  when 
the  mouthpiece  and  pipe  an  made  from  the 
same  length  of  reed.  The  instrument  that 
formed  doea  not  teem  to  have  been  played  alone, 
but  always  in  pairs.  Then  are,  it  ia  true,  k 
few  monuments,  such  as  a  Roman  wall-pninting 
in  the  British  liusenm,  in  which  the  player  ha* 
onlr  one  pipe  in  his  mouth,  but  then  the  other 
la  always  to  be  leen  in  hit  other  band  in  a  way 
that  shows  he  ia  only  preparing  to  play.  The 
ditBculty  of  playing  two  iostrumenta  at  occe 
was  obriited  by  a  leather  strap  which  coiered 
the  mouth,  ran  under  the  ean,  and  waa  fastened 
at  the  back  of  the  head  hy  a  knot  or  buckle. 
Thia  curious  piece  of  gear  serisd  to  prevent  a 
lose  of  wind  and  to  keep  the  two  montlipiccea  in 
the  proper  poaition.  It  waa  called  the  ^o^Mm, 
vra^i  or  x"'"^  (cf.  Ariat.  leip.  583) :  io 
Latin,  the  CapiBTBUN. 

The  notes  wen  given  by  hole*  (rprw^imri)  ; 
and  as  both  pipes  wen  played  at  once,  then  cao 
originally  hare  been  only  four  or  at  the  mo«t 
Uvt  of  theie  on  each.  However,  It  wonld  Mem, 
from  a  nmark  of  Proclu*  in  his  commentarv 
on  Plutaich'a  Aicibiada  (c  6B,  InsT*r  yi^ 
rftwTiiM  vac  a^Ajir  Tp«7t  ^tiyyain.  fc  fstf^t 
r^Kixivrtr  iflifo-v),  that  two  oTartooei  at 
least  could  be  blown  on  each  of  tbeie.  Tbe 
compass  wai  still  fbrther  exteoded  bj  the  use 
of  additional  holes  with  stop*  {irmftirfrwiifMtm^ 
■  an  invention  which  was  apparently  in  na*  by 
the  time  of  Pronomns,  whopUyed  in  the  Dorian, 
Lydian.  and  Phrygian  keys  on  the  same  iutra- 
ment  (Pant.  ii.  IS,  4).  The  simplest  fbm  ef 
atop  shown  on  the  Pompeisn  waH-paintinga 
consists  of  a  peg,  which  uniid  be  wHhdrawik 
when  the  hole  was  needed.  More  complieatol 
i*  the  device  in  which  extra  notes  an  givM 
by  short  cylinders  attached  to  the  pipe  ne^ 
the  end.  This  kind  of  instrnment  is  nequeatly 
seen  in  late  representations  of  Enterpa,  espe- 
cially  on     Roman    sarcophagi.        Tat    aBOtber 


Tibia.    (From  a  relief  st  NaiOe*.) 
inrentloB  wia  to  coter  tbe  extra   boles   with 
botbUo  ring!,  which   tbe  pUjar   eoald  slide 


TIBIA 

orar  or  off  them  u  he  wiihed.  Both  the 
>m>ll  cjliuden  and  tha  ringi.  wilh  the  hooki 
bf  whicb  the;  wen  pulled  round,  >r*  welt 
■hown  by  *  relief  in  the  Naplei  UuHum 
(Baumeiiter'i  BenhnHier,  fig.  596).  Such  no 
doubt,  or  eometbing  like,  vmm  the  Dew-fsngled 
tibia,  which  Uorao  deicribei  u  *'  oricbklco 
Tincta  tubseque  nemulgi,''  cantrostiDg  it  nith 
'he  old-fiuhioned  on«,  with  iti  ftw  Dotes, 
"teoni*  limpleiqaa  forunine  pauco"  (A,  P. 
202-3).  The  two  pipee  were  tuned  w  tb*t  the 
mtladj  pUfed  on  one  could  be  kccompuied  an 
DclBTe  lower  on  the  other. 

As  the  nee  of  the  clarinet  and  oboe  became 
more  extended  io  Greece.  Tarioun  forme  giving 
note*  of  widelf  diSeTcnt  keji  were  either  iutro- 
duced  from  abroad  or  inveDted.  Arittoieuue,  is 
a  quotatioD  giTen  hy  Didjmua  (Athen.  lir. 
p.  634  e),  diridea  the  kindi  of  hutromeuti  (yimi 
idXSr)  OMd  in  hie  day  into  tire  clauei ;  (1)  The 
maiden'e  (wap8itia,),  (2)  the  boy'e  (woitweO. 
(3)  the  Ijre-plajer'*  {KiBapurriipni),  (4)  the 
perfect  (riXiuii)  mi  (5)  the  more  than  perfect 
{ittfriKiuH)  inatmmcute.  Didymui  telli  u 
that  the  '"perfect"  and  "more  than  perfect" 
rarietie*  are  the  man'e  (ivlp>?si),  which  ehowi 
■hat  the  closaiGcation  ie  intended  to  proceed  on 
the  eame  uale  ai  the  human  roica  they  were 
made  to  accompany,  riling  from  the  ihrill 
•oprano  to  the  deep  biu.  Ai  thii  it  the  caie, 
the  lilt  eTidentlf  aim*  at  being  eihanitive  ;  and 
GeTaert,  In  his  HitMre  tt  TUarie  de  la  Mtaique 
dant  rAfUiquiU{yol.  ii.  §  ii.  pp.  271-30TX  has 
catalogued  the  known  raricCiei  under  theie 
heade  ai  followi : — (i)  xttpeirtm — the  r>r7ppi 
of  the  Phoenicianj,  the  fvrryf  or  crou-^te, 
and  the  Phrygian  funeral  ai\ii ;  (2)  miJinl — 
the  aiixii  i/ifiarlipuH,  the  a£A^t  IcmuXucii,  and 
the  Roman  tibia  cAonca ;  (3)  KiBopinlipiei-— the 
/linmiXat  (k.  ini^a^i)aDd  thmufjit  fmrimrcs ; 
(4)t<A(T<ii— the  niFA&t  n»6»crji,  the  aiXii  lAu^i 
o(  the  Phrygians,  the  aiiXit  06iifiiim  of  the 
Baechic  worship,  the  fuDoral  pipe  of  the  Oreeki 
and  Bomani ;  (5)  ^nprixtni — the  of  Aii  irtar- 
StmiUt.  Thete  Tfiietiei,  it  will  be  noticed, 
include  all  aorta  of  wind-initrnmenta,  some  of 
which  are  fifes  like  the  -WyTf"><t  ^u^"  '""  th* 
t*T(¥f,   or  boras  like  the  fAvfioi.    The  lai 


TIBIA 


841 


aaoMtl  deserres  special   mention,  t 
used  in   the  worafaip  of  Cybele,  and  wf 
known  aa  the  tHiia  Btrtct/Kthia  to  the  f 


idSyrtni. 

(cf.Bor.  Od.  lii.  19,  IB;  W.  1,  23).  It  ended 
in  a  curved  horn  month,  and  was  of  gnat  power. 
Or^nally  and  in  Its  proper  nie  it  wis  pUjad 


alone,  but  it  apparently  became  the  bshion  ts 
UK  it  as  the  left  pipe  in  a  pair,  or  perhaps,  to 
speak  correctly,  to  convert  the  left  pipe  into  a 
Berecynthian  by  adding  a  curved  horn  nouth. 
Such  a  pair  is  well  shown  above  by  a  baa-relief 
from  Zoega,  BoMirU.  i.  14. 

The  luventtoa  of  the  aixit,  even  if  one  refose 
to  take  Homer's  Trojans  aa  evidence  for  the 
Greeks  of  hie  time,  mnit  have  been  an  exceed- 
ingly early  one,  and  waa  indeed  by  the  Athenians 
attributed  to:the  goddeu  Athene.  Sbe,  how- 
ever, was  disgusted  with  the  distortion  of  her 
face  when  plaring,  and  threw  it  awajr.  It  waa 
picked  up  by' the  Satyr  Marsyaa,  who  met  an 

ment  with  Apollo  on  the  lyre.  Hie  art,  how- 
ever, did  Dot  die  with  him,  but  was  carried  on 
by  Olympoi,  who  bronght  it  to  Greece.  Th« 
myth  point!  in  Uanyas  to  Phrji^a  as  the 
original  home  of  the  inatmment,  which  even 
nowsdayi,  in  a  somewhat  debued  form,  i» 
played  in  tnth  Arabia  and  Egypt.  From  what- 
ever land  it  came,  it  certainly  was  lirmlf  esta- 
btished  ia  Greece  when  Hietory  begins.  It  waa 
indiipeniable  in  religioue  rites  not  only  t* 
accompany  hjmne  and  provide  music  for  the 
dance,  hot  to  hallow  the  libation  at  every  sacri- 
fice. It  was  equally  popolar  in  private  \\(e, 
whether  at  dinner-time  when  a  flutfrgirl  played, 
or  in  the  leisnre  hour,  or  again  in  the  time  of 
roooTDing  when  elegies  were  lung  to  ita  moiic- 
Small  wonder,  then,  that  ita  playing  became  quite 
a  profeHion,  which  in  Solon's  time  was  recognised 
cfGcially  at  the  Pythian  games.  Sacidas  at 
Argoe  had  at  that  time  shown  that  the  aiXtfriti 
oould  eipreai  with  quite  as  much  effect  aa.the' 
harper  the  iter;  of  ApoUo'e  fight  with  Python, 
and  a  conlait  for  oiAirral  wai  thereupon  founded 
by  the  Amphictyons  (Pan!,  i.  7,  3).  The  raie- 
painting!  of  the  but  Attic  period  have  many 
representations  of  luch  conleeti.  One  of  the 
best  is  in  the  British  Museum,  and  ehcwi  the- 
player  mounted  on  a  small  piatfomi  competing 
for  the  priie.  [A  cut  of  tfais  is  given  ia  Vol.  I., 
p.  3DS,  under  CiPirrRini.]  On  another  vase- 
painting  (Benndorf,  Wientr  Vorttgtbiattsr,  c.  4) 
a  master  giving  a  lesson  on  thi  aiAit  is  depicted. 
On  the  wall  behind  hangs  the  case  in  whicb  the 
initrament  was  carried.  It  is  the  avOirti  or 
au\a9iinh  and  is  made  of  a  spotted  skin,  perhaps 
a  lynx  (cf.  Stepbani,  Compls  iiewh,  1B69,  p. 
221);  bat,  to  judge  from  nn  Attic  treasure 
lilt,  where  one  of  irory  and  gold  (irvfitrri 
iktfarlni  Kirrixfu™,  C.  I.  A.  \.  170,  172, 
173)liCBUlDKUed,  was  often  of  more  splendid 
materials.  To  its  side  ia  attached  a  little 
box,  the  yKiKraaKaiMar,  in  which  a  change 
of  mouthpieces  waa  kept.  A  similar  lesson 
(where,  however,  the  teacher  is  plejing)  i> 
shown  in  the  cut  from  the  Duris  Vase  nnder 
LdduI  LtTTEBABlf  a,  p.  96  :  the  flnte-case  is 
leen  hanging  on  the  wall  in  the  lower 
portion. 

At  Rome  the  tSiiae  held  even  a  more  im- 
portant place  in  ritual  than  in  Greece,  and 
the  Ji6>»n  who  playsd  it  was  for  most  cere- 
monies quite  indispensable.  This  is  eipedillj 
true  of  fuuerals,  for  so  great  was  the  desire 
to  have  a  larie  number  of  iiiiana  to  mount 
the  dead  that  the  tenth  of  the  laws  of  tlie 
Twelve  Table)  restricted  their  number  to  tan 
(Qo.  <U  Leg.  ii.  33,  59;   Ovid,  Futi,  vi,  aH> 


842 


TDiEMA 


TDfEMA 


They  were  also  called  in  to  enliTen  feaats 
(Quintil.  Intt,  i.  10,  20)  as  well  as  to  take 
part  in  the  libation  (Pint.  Quaest  Conviv,  7, 
8,  4,  §  6). 

Besides  these  uses,  the  tibiae  were  as  neces- 
sary to  the  drama  at  Rome  as  in  Greece,  both 
to  accompany  the  singers  and  to  amuse  the 
audiences  in  the  interludes  (cf.  Hor.  A,  P.  204- 
6).  From  the  Didcuoalia  to  Terence's  comedies, 
we  learn  that  no  less  than  four  different  varie- 
ties were  used  in  the  theatre:  (1)  the  tibiae 
pares^  in  which  both  pipes  were  equal ;  (2)  the 
impareSf  in  which  they  were  unequal ;  (3)  the 
duae  dextrae^  in  which  the  right  was  identical  in 
key  and  note  with  the  left;  and  (4)  the  Ser^ 
ra'nae,  Varro  (^.  £,  i.  2,  15,  16)  tells  us  that 
the  melody  was  played  on  the  right  instrument, 
which  he  calls  the  incentivoy  and  the  accompani- 
ment on  the  left,  or  the  jucceniiva ;  so  that  the 
differences  in  sise  and  character  of  the  impares 
and  duae  dextrae  were  intended  to  make  fresh 
harmonies. 

(See  an  excellent  article  by  K.  yon  Jan,  in 
Baumeister,  Denhn,  s.  y.  Flfften ;  Geyaert,  iRs- 
taire  et  ITufyrie  de  la  Mueique  dans  VAntiqmte, 
Ghent,  1881,  u.  pp.  270  ff.  and  647  ff. ;  Her- 
mann-Bliimner,  FrivatalterthUmer^  p.  318 ;  I  wan 
Miiller,  ffantffntch  der  EiUtuaalterthUmery  pp.  59, 
145;  Id.  BOhnenwesen,  p.  262;  Marquardt, 
PrivaUeben^  pp.  337,  345,  352  ;  Blumner,  Ldten 
und  Sitten,  ii.  148  ff.)  [W.  C.  F.  A.] 

TIME'MA  (rlfirina).  The  penalty  imposed 
in  a  court  of  criminal  justice  at  Athens,  and 
also  the  damages  awarded  in  a  ciyil  action, 
received  the  name  of  rlfififiOj  because  they  were 
estimated  or  asteased  according  to  the  injury 
wiiich  the  public  or  the  individual  might  re- 
spectively have  sustained  (Harpocr.  s.  o.  M- 
firtrot  iyiby  koL  riii!tfr6s^  etc. ;  Dem.  de  Corcn, 
trier,  p.  1229,  §  4.  The  orators  rarely  use  the 
word  in  this  general  sense).  The  penalty  was 
«ither  fixed  by  the  special  finding  of  a  court 
(rifiri<riw  woiuirdai,  Isocr.  c.  Leoch.  §  6,  of  the 
dicasts ;  T</iif<rii»  [Dem.]  e,  Niooitr,  p.  1252, 
§  18 ;  Aeschin.  c.  Gtea,  §  197  f. :  or  rlfirifui,  Lys. 
c.  JEpicr.  §  16;  Dem.  de  F.  L,  p.  434,  §  290), 
or  merely  declared  by  the  court,  having  been 
fixed  before:  either  the  law  ordaining  the 
penalty  for  certain  crimes,  or  the  people  ordering 
by  a  decree  how  the  defendant  on  being  found 
guilty  should  be  punished,  or  in  civil  suits,  ejg. 
in  an  action  for  breach  of  contract,  the  parties 
having  attached  a  certain  penalty  to  the  violation 
of  the  contract.  In  the  first  case  the  trial  was 
called  ieyitv  rifaiT6s  (Harpocr.  /.  e. :  i^'  f 
rlfitifM  Apurfi4poy  4k  rSv  vifiMp  o&  itf rrcu  eXhik 
rohs  Zucoffrha  ISci  ri/M<r0eu  5  ri  xp^  toBuv  if 
iator7am\  in  the  second  case  iyif¥  ierlfitiros 
{Harpocr.  s.  v.i  f  wp6<r€<rruf  4k  rAtf  y6/iup 
ifpifffidwop  rlfjoiiui,  &s  fiTi^kr  9ur  robs  Sifcacrrdf 
Bwrtfiyiffai.  Cf.  Schol.  Dem.  c.  Mid.  p.  543),  a 
distinction  which  applies  to  civil  as  well  as  to 
criminal  trials.  Among  the  forn  er  class  must 
be  reckoned  also  those  trials  in  which  the  court 
had  to  choose  between  two  penalties  fixed  by 
law,  as  e.g.  in  the  ypapii  Sc6pwr.  Cf.  Dinarch. 
c.  J)emo8th,  §  60 :  ol  y6fu>t .  .  .  «cpl  rwy  Bwpc 
ZoKoinntev  8uo  luwov  rifi4iiMTa  vcroi^icatriv,  if 
Bdvvrov . . .  ^  ZwqmXovv  tov  4^  Apx^<  \4imueros. 

It  is  obvious  that  on  a  criminal  charge  two 
inquiries  have  to  be  made:  first,  whether  the 
defendant  is  guilty ;  secondly,  if  he  be  found 


guilty,  what  punishment  ought  to  be  inflicted 
upon  him.  It  may  be  advisable  to  leave  the 
punishment  to  the  discretion  of  the  dicasts,  or  it 
may  not.  In  some  cases  the  Athenian  law^ver 
thought  the  dicasts  ought  to  have  no  discretion. 
Thus,  in  cases  of  murder  and  high  treason 
sentence  of  death  was  impoeed  by  the  law 
[Phonos  ;  Pboxxmia],  and  in  many  other  cases 
the  punishment  was  likewise  fixed  by  the  law, 
the  tendency  being  to  limit  in  this  way  the  dis- 
cretionary power  of  the  dicasts  (Strab.  vi.  p.  260). 
[EuANOEUA :  see  the  trial  of  Cephisodotos  in 
359  B.a  in  Dem.  c  Aristocr.  p.  676,  §  167, 
Wi^f  raXiim'ots  8*  4(fifuA(raTtf  rpeZs  M  fiopui 
i^^^oi  9f!i¥*yKay  rh  fiif  AM^rev  r^i^nuj  cf.  e. 
Lept,  p.  481,  §  79 ;  and  the  trial  of  Lycophron 
in  Hyperid.  pro  Lye,  ool.  16,  4ppnn(oiii9^  t*  srsl 
fcirSvrf^om  ob  jUpov  wfpX  Bct^ov  .  .  .  iAX* 
bw^p  rw  4^urB^ai  col  4arc9up6rra  pafib  4w  rj 
woTplii  To^nMUy  cf.  pro  Eux.  coL  31,  Aeschin. 
c.  Ciea.  §  252,  Lye  c  Leocr.  sab  fin.]  Such 
ity&vts  irifii^roi  were  the  ypa/^al  UpocvXias, 
^vieyypai^ritf  /3ovAc^cs»s,  iiUcots  cl^x^'V  ** 
fioix^Vf  ^wlas,  5«po|cjr(af,  ftocx^taf,  Iroip^f  vs, 
rpoaymytiaSf  4^lat,  rpaOftaros  iK  wpopoias, 
iurrpcertias,  etc  But  where  the  exact  nature 
of  the  offence  could  not  be  foreseen  by  the 
lawgiver,  or  it  might  so  far  vary  in  its  character 
and  circumstances  as  to  admit  of  many  degrees 
of  culpability,  it  might  be  desirable  or  even 
necessary  to  leave  the  punishment  to  the  dis- 
cretion of  the  dicasts.  The  law  then  directed 
that  the  same  court  which  passed  sentence  on 
the  culprit  should  impose  the  penalty  which  his 
crime  deserved ;  e.g.  in  a  ypaiipii  tfip^ctSf  Arist. 
PrMem.  29, 16 :  4^1  rg  fi$pti .  . .  rifoiets  ri  xf^ 
waBnw  tl  inrerZtrat,  cf.  Aeschin.  c.  Tim.  §  15.  To 
this  class  belong  the  ypaipeA  wapeaf6pmpf  npa^^ 
wp^fffitiaSf  ^w9oKKfiTeiatf  kKoxtis,  etc. 

In  dvil  causes  the  sentence  by  which  the 
court  awarded  redress  to  the  injured  party 
would  vary  according  to  the  nature  of  his 
complaint.  Where  he  sought  to  recover  an 
estate  in  land,  or  a  house,  or  a  specific  thing,  as 
a  ring,  a  horse,  a  slave  (^f.  in  all  BUtai  wp6t 
TtMt),  nothing  further  was  required  than  to 
determine  to  whom  the  estate,  the  house,  or  the 
thing  demanded,  of  right  belonged.  [Heres 
(Greek) ;  Oikzas  Dike.]  The  same  would  be  the 
case  in  an  action  of  debt,  XP^^  S^*^  vbere  a 
certain  sum  was  demanded;  as,  for  instance, 
where  the  plaintiff  had  lent  a  sum  of  money  to 
the  defendant,  and  at  the  trial  no  question  was 
made  as  to  the  amount,  but  the  dlispute  was, 
whether  it  was  a  loan  or  a  gift,  or  whether  it 
had  been  paid  or  not.  So,  in  an  action  for 
breach  of  contract,  if  by  the  terms  of  contract  a 
certain  penalty  had  been  attached  to  its  violation, 
it  would  be  unnecessary  to  have  an  inquiry  of 
damages,  they  being  already  liqmdated  by  the 
act  of  the  parties  themselves  (Dem.  e.  Ihonyt. 
p.  1291,  §  27  ;  p.  1296,  §  44,  and  Argmm,).  In 
these  and  many  other  similar  cases  the  trial  was 
&r(fii|ror,  e.g.  of  the  8(icai  mrrd  rows  and  those 
&iro<rrao'Iov  and  Ktueiryoplat  (Jawm,  of  PkSoL  ri. 
p.  25  f.).  On  the  other  hand,  wherever  the 
damages  were  in  their  nature  wdiquidaied,  and 
no  provision  had  been  made  concerning  them 
either  by  the  agreement  of  the  parties  or  by 
the  law  {eg.  in  a  Sdnt  avoffrotf'Cew,  rebs  oX^rrai 
8ci  BobKovs  cirw,  Harpocr.  s.  v.%  they  were  to 
be  assessed  by  the  dicasta,  e^g.  m  the  Stm 


TIMEMA 

hrerpowiis  (Dem.  c,  Aphob.  I  p,  834,  §  67), 
oJiclaf  (Lfs.  c.  Isocr,  fr.  126  S.),  4^(up4afOft 
([Dem.]  c.  ITteocr.  p.  1327,  §  19;  p.  1328, 
§  21X  ^tviofiaprvptAy  (Dem.  c.  Stephan,  i. 
p.  1115,  §  46 ;  c.  JpAok  iii.  p.  849,  §  16),  ^lo/ary 
(Lrs.  de  coed,  EratoatK  §  32,  Solon's  law,  Plut. 
So!.  23,  being  sapeneded),  etc. 

The  following  was  the  coune  of  proceeding 
in  the  n/xiiroi  oyflvrtr.  The  accuser  proposed  in 
the  bill  of  indictment  some  penalty.  The  in- 
dictment of  Meletus  ran :  ASixei  Seiicpdnrf  ots 
ftkp  4  ir^\if  roft/^cf  $Mbs  ob  yofil(ofy^  ^r^pa  8i 
Katvii  ZtufiSvm  ^Imiyo^fiwos  *  &8ucci  9^  ical  robs 
ytovs  iuii^B^lptfP  *  rlfifi/uL  ^dyaros  (Diog.  Laert. 
ii.  40) ;  cf.  Dinarch.  c;  Proxen,  fr.  85  M. :  Ac(- 
yopx^s  "Xmmpdrov  Ko/d»0tot  npo^4y^  f  <r^tfu 
$\dfiiriSj  rakdrrwy  9vo,  '^Xw^4  /u  Hpi^wos, 
etc  Where  the  plaintiff's  demand  arose  out 
of  rarions  matters,  he  would  give  in  his  bill  of 
plaint  a  detailed  account,  specifying  the  items, 
etc,  instead  of  including  them  in  one  gross 
estimate  ([Dem.]  c.  Aphob,  iii.  p.  853,  §  30  f.) : 
this  seems  to  hare  been  considered  the  fairer 
method,  and  may  be  compared  to  our  bill  of 
particulars^  which  the  plaintiff  delivers  to  the 
defendant.  He  was  said  Ti/ui<r0flu  ry  ^irfom 
([Dem.]  c.  Thoocr,  p.  1343,  {  70 ;  c  Arisiog,  i, 
p.  792,  §  74,  p.  793,  §  83),  4inypi^w  or  ^vi- 
ypd^tffBtu  rlfififUi  (Aristoph.  Plut.  480 ;  Aeschin. 
c.  Tim.  §  16  Ux,  da  F,  L  %  14,  etc),  and  the 
penalty  proposed  is  called  iwlypofifM  (Dem.  c 
Nausim,  et  Xen,  p.  985,  §  2).  When  a  charge 
was  brought,  not  by  a  private  individual  but  by 
a  magistrate  ex  officio,  the  law  required  him  in 
like  manner  to  write  down  the  penalty  which 
he  thought  the  case  merited  ([Dem.]  c.  MaoarU 
p.  1076,  §  75  lex).  After  the  defendant  had 
been  found  guilty,  the  prosecutor  was  called 
apon  to  support  the  allegation  in  the  indictment 
and  to  address  the  dicasts.  Here  he  said  what- 
ever occurred  to  him  as  likely  to  aggravate  the 
charge,  or  incense  the  dicasts  against  his  op- 
ponents. He  was  not  bound,  however,  to  abide 
by  the  proposal  made  in  the  bill,  but  might,  if 
he  pleased  (in  criminal  charges  probably  only 
with  the  consent  of  the  court),  withdraw  his 
own  proposal  in  favour  of  the  counter-pro- 
position of  the  defendant  (trvyxt^p^ty  ry  ri/u^ 
/uri,  [Dem.]  c.  Ifioostr.  p.  1252,  §  18 ;  p.  1254, 
§  26 ;— c.  Neaer.  p.  1347,  §  6).  This  was  often 
done  at  the  request  of  the  defendant  himself,  or 
of  his  friends  f^Dem.]  c.  Theoor.  p.  1343,  §  70), 
but  such  a  withdrawal  of  the  original  proposal 
was  not  binding  upon  the  dicasts  (Platner,  Proc. 
tt.  Klagen,  i.  p.  199).  If  the  defendant  thought 
the  punishment  proposed  on  the  other  side  too 
severe,  he  made  a  counter-proposition,  naming 
the  penalty  which  he  considered  would  satisfy  the 
demands  of  justice  (Ayririfia4r9eu,  Dem.  c.  Timocr. 
743,  §  138 ;  Hesych.  s.  e. ;  nfuurBai  iturr^, 
Dem.lc.  Nicosir.  p.  1252,  {18;  rifjuiy  iovr^, 
|Dem.j  c.  Zenolh.  p.  886,  §  15,  c.  Aristeg.  i.  p.  794, 
^  80 — in  private  actions,  Dem.  c.  (Met.  ii.  p.  878, 
§  10;  i.  p.  872,  §  32).  He  was  allowed  to 
address  the  court  in  mitigation  of  punishment ; 
to  say  what  he  could  in  extenuation  of  his 
offence,  or  to  appeal  to  the  mercy  of  the  dicasts. 
This  was  frequently  done  for  him  by  his  relations 
and  friends ;  and  it  was  not  unusual  for  a  man, 
who  thought  himself  in  peril  of  life  or  freedom, 
to  produce  his  wife  and  children  in  court, 
to  exdte  compassion  (va^4icXi}0'is,    Hyper,   c. 


TUfEHA 


843 


J>emo8th.  col.  38 ;  mpaeyotyii  r&y  watit^y  ical  yv- 
yuiKwy  acol  ^(Amf,  Hermogenes,  Rhet.  Or.  ed. 
Walz,  iv.  p.  411 ;  cf.  Meier,  de  Bon.  Damn. 
p.  226,  and  Lys.  c.  Alcib.  ed.  Frohberger,  Intro- 
duction, §  8n.).  After  both  parties  had  been 
heard,  the  dicasts  were  called  upon  to  give  their 
verdict  (rifiay  rf  ipe^yorrt;  Lys.  c.  Nioom. 
§  23,  r&y  4<rxiTt»y  rifjAy  run,  c.  Epicr.  §  7, 
9eafdrov ;  Lys.  fr.  44,  r^r  aAnleaf  xp^M'^^^  fffri 
rifi^vtUf  etc.).  Here  occurs  a  question  about 
which  there  has  been  much  difference  of  opinion, 
e.g.  whether  the  dicasts,  in  giving  their  verdict, 
were  confined  to  a  choice  between  the  estimates 
of  the  opposing  parties,  or  whether  they  had  a 
discretion  to  award  what  punishment  they 
pleased.  Schomann  and  Boeckh  (^Sthh.  i.'  p.  441) 
hold  the  latter  opinion ;  Meier  and  Lipsins  {Att 
Process,  p.  943)  decide  for  the  former  (see  also 
Wayte  on  Dem.  c  Timocr.  p.  743,  {  138). 
Aristotle  (Pol.  ii.  5,  §§  3,  8,  9,  S.)  tells  us  that 
Hippodamus  of  Miletus  (irparror  rwv  fiii  iroXi- 
rwofUymy  4y9Xfifni<f4  ri  irtpX  iroKtr^las  tlwtTy  r^s 
4iplffTiis)  proposed  that  the  verdict  should  not 
be  given  by  ballot  (9th  i^^o^optas),  but  that 
each  dicast  should  bring  in  a  tablet  with  a  special 
statement  of  his  opinion  (4y  f  yod^ty  cZ  jcora- 
9iKd(oi  isrKtfS  riiy  Sdciyy,  c2  9*  awoAvoi  inrKus, 
Kwhy  4ay,  c2  8)  rh  fily  rh  9k  fi'^,  rovro  9iop/^cir). 
Upon  which  proposal  Aristotle  remarks  that  its 
effect  would  be  to  make  each  dicast  a  SioiniT^f : 
that  it  was  an  object  with  most  lawgivers  that 
the  dicasts  should  not  confer  with  each  other 
Qi^  Kotyo\oyu<r$ai  vphs  &AA^Aovf ) :  and  then  he 
comments  on  the  confusion  that  would  arise,  if 
each  dicast  were  allowed  to  propose  a  penalty 
different  from  that  submitted  to  him  by  the 
parties.  From  passages  like  Dem.  c.  Anstocr. 
p.  676,  §  167  (quoted  above),  and  n.  688,  §  205 

iirof  &  Tpcir  fiky  iL^ltray  ^'^^vr,  to  fiii  $aydr^ 
'if/UMrflu,  wcrr^fcorra  8i  riXovra  4^4wpa^caf),  it 
is  evident  that  the  dicasts  had  to  choose  one  or 
other  of  the  two  propositions  of  the  accuser  and 
defendant;  and  this  course  was,  perhaps,  the 
only  course  that  could  be  adopted  with  so  laree 
a  number  of  dicasts.  At  the  same  time  it  would 
be  absurd  to  suppose  that  the  Athenian  court 
had  no  means  of  controlling  the  parties  in  the 
exercise  of  that  privilege  which  the  law  gave 
them,  or  that  it  was  the  common  practiM  for 
the  parties  to  submit  widely  different  estimates 
to  the  dicasts,  and  leave  them  no  alternative  but 
the  extreme  of  severity  on  the  one  side,  and  the 
extreme  of  mercy  on  the  other.  Many  passages 
in  the  orators  are  opposed  to  such  a  view,  and 
especial  Iv  the  words  of  Demosthenes,  c  Timocr, 
p.  737,  $  118.  The  course  of  proceeding  seems 
to  have  been  as  follows.  The  prosecutor  usually 
proposed  the  highest  penalty  which  the  law  or 
the  nature  of  the  case  would  admit  of,  and 
it  was  not  unusual  for  the  speakers  to  make 
allusions  to  the  punishment  before  the  first 
verdict  had  been  given.  In  the  course  of  the 
trial  there  might  be  various  indications  on  the 
part  of  the  dicasts  of  a  disposition  to  favour  one 
side  or  the  other;  they  were  very  animated 
listeners.  They  interrupted  the  speaker  to 
prevent  his  bringing  in  irrelevant  matter 
(Hyperid.  pro  Eux.  c.  41 ;  Dem.  c.  Boeot.  iL 
p.  1022,  §  47)  or  to  ask  for  further  information 
(Dem.  c.  Sfntd.  p.  1033,  §  17;  c.  Stephan.  t. 
p.  1 128,  §  87 :  cf.  Andoc.  de  MyH.  §  70 ;  Aeschin. 
de  F.  L,i  7,  etc.),  and  exprened  their  pleasure 


844 


TIMEMA 


TINTINNABULUM 


or  displeasure  at  what  was  said  in  a  most 
marked  manner  ($opu$4t¥,  Isocr.  de  Permut. 
§  272 ;  Aeschin.  c.  JVm.  §  83 ;  Aristoph.  Vesp. 
622,  979  ;  Isocr.  ParuUh.  §  264 ;  Lys.  c.  Eratosth. 
§  73  f. :  cf.  Ljc.  c.  Zeocr,  {  52 ;  Dem.  c.  Eitbul. 
I  p.  1299,  §  1,  etc.).  All  this  enabled  both 
parties  to  feel  the  pulse  of  the  court  before  the 
time  had  arrived  for  the  second  verdict.  If  the 
prosecutor  saw  that  the  dicasts  were  greatly 
incensed  against  his  opponent,  and  he  himself 
was  not  mercifully  inclined,  he  would  persist  in 
asking  for  the  highest  penalty.  If  he  was  him- 
self disposed  to  be  merciful,  or  thought  that 
the  dicasts  were,  he  would  relax  in  his  demand. 
Similar  views  would  prevent  the  defendant  from 
asking  for  too  small  a  penalty. 

As  a  general  rule,  only  one  penalty  might 
be  imposed  by  the  court,  waBuif  1l  airoTMroi, 
ikfup^tpa  9i  fiii  4^4ffrt»  (Dem.  c.  Lept,  p.  504, 
§  155),  though  the  law  sometimes  gave  more 
than  one,  e.g.  death  and  confiscation  of  property 
for  ^6ros  4feo^<riof,  iiTifila  and  confiscation  of 
property  (Dem.  c.  Ariatocr,  p.  640,  §  62 ;  c.  Mid. 
p.  551,  §  113  lex;  c.  Neaer.  p.  1363,  §  52  ^: 
see  also  the  decrees  in  C  /.A.  iv.  No.  27  a, 
1.  33;  i.  No.  31,  L  20;  ii.  No.  17,  1.  51,  etc.). 
Sometimes  the  law  ezpresslv  empowered  the 
dicasts  to  impose  an  additional  penalty  (irpoorf- 
fififta)  besides  the  ordinary  one.  Here  the 
proposition  emanated  from  the  dicasts  them- 
selves, any  one  of  whom  might  move  that  the 
punishment  allowed  by  the  law  should  be 
awarded.  He  was  said  irpo0^ifiair9ai,  and  the 
whole  of  the  dicasts,  if  (upon  a  division)  they 
adopted  bis  proposals,  were  said  wpoerifiay. 
Timocrates'  law  is  said  to  deprive  the  courts  o 
the  power  of  awarding  r&  wpoarifi'fifua'a  r&  M 
rots  i^ueiifuurtp  in  rHy  voymv  &purfi4ya  (Dem. 
c.  Timocr,  p.  700,  §  2 :  cf.  Lys.  c.  Theomn.  i. 
§  16).  For  which  wrongful  acts  such  additional 
punishment  might  be  awarded  we  do  not  know  : 
Demosthenes  (/.  c.  p.  713,  §  41,  and  p.  732, 
§  103)  mentions  imprisonment  for  state  debtors 
and  persons  guilty  of  theft,  and  hnfita  was 
probably  awarded  in  a  9lKfi  ^v^ofiaorvpi&y 
(Boeckh,  Kl.  Schriftm^  iv.  p.  123).  In  some 
passages  trpocrifiay  must  be  understood  in  the 
same  sense  as  rifiajr,  e^.  in  [Dem.]  c.  Aristog.  i. 
p.  790,  §  67,  &AA'  8ti  w^yrc  raXdrratw  wpotrert-' 
fi^trart:  cf.  Dinarch.  c  Aristog.  §  12,  v4rrt 
raXdirrwr  rifJLrjirai  ro^r^  (in  the  same  speech 
which  Lipsius  shows  to  be  spurious,  Zeipz.  Stud, 
vi.  pp.  319-331;  rlfififiOj  p.  796,  S  87,  is  used 
in  the  special  sense  of  rlfififM  xpi}AAdT«y,  p.  797, 
§  92);  Herodian,  w€pl  ipiB/iuVf  in  Stephanus, 
App.  p.  205,  etc.  In  other  instances  the  pre- 
position wphs  in  the  verb  wpofrrifjMM  is  used  with 
reference  to  other  matters,  €,g.  Dem.  c.  Mid. 
p.  528,  §  44 ;  p.  571,  §  176 ;  c.  Everg.  et  Mnes. 
p.  1152,  §  43. 

In  public  suits  a  compromise  between  the 
opposing  parties  was  not  permitted,  the  state 
being  directly  or  indirectlv  concerned  in  them ; 
but  private  suits  were  nrequently  settled  by 
arrangement  between  the  parties,  even  afler  the 
trial  had  begun,  and  with  the  assistance  of 
the  dicasts  (Isae.  Dicaeog.  §§  17  f.,  31 ;  Dem. 
c.  Pantaen.  p.  978,  §  30  f.).  With  this  exception 
the  course  of  proceeding  in  private  actions  with 
respect  to  the  assessment  of  damages  was  much 
the  same  as  described  above.  The  liability  of 
the  plaintiff  to  the  ^wwi8cAia,  which  was  calcu- 


lated upon  the  sum  demanded,  operated  as  a 
check  upon,  exorbitant  demanda,  in  addition  to 
that  which  we  have  already  noticed.  {Att.  Pro" 
cess,  ed.  Lipsius,  p.  208  ff.) 

As  to  the  amount  of  revenue  derived  by  the 
Athenians  from  public  fines,  see  Boeckh,  Sikh.  L* 
p.  439  f.  As  to  rl/iiifiu  in  the  sense  of  the 
rateable  value  of  property  with  reference  to  the 
Athenian  property  tax,  see  Eisphoba. 

[C.  R.  K.]    [H.  H.] 

TIMOCBA'TIA.    [OuoABCiriA.] 

TINTINNA'BULUk  or  A£8  (iMiS»r),  a 
bell.  Handbells  were  used  among  Greeks  and 
Romans  for  signals  of  various  kinds:  e^.  for 
the  opening  of  the  market  (Plut.  Sjpnp.  iv.  4,  3 ; 
Strab.  xlv.  p.  658),  for  the  opening  of  the  hatha 
(Mart.  xiv.  163) ;  to  arouse  or  summon  together 
slaves  (Lucian,  de  Merc,  Cond.  24,  31 ;  to  this 
use  perhaps  refers  the  *'  tinnitus  acria  "*  in  Sen. 
de  Ira,  3,  35) ;  for  purposes  of  sentry  duty  at 
night,  sometimes  passed  from  post  to  post,  as  a 
proof  of  wakefulness  (Thuc  iv.  135 ;  Aristoph. 
Av.  841) ;  [for  the  same  purpose  a  stafl^  0'lcvTiX^, 
or  a  lantern  was  sent  round :  cd  Aen.  Tact.  22 ; 
Droysen,  Gr.  Kriegsalterth.  264 ;]  and  similarly 
for  the  use  of  night  watchmen  (Dio  Cass.  lir. 
4);  for  the  necks  or  harness  of  animals,  as  at 
the  present  day  (Eur.  JiAet.  307;  Aristoph. 
Xan.  963). 

From  the  passage  in  Suet.  Aug.  91,  there  is 
some  indication  of  bells  being  attached  to  hoosc- 
doors ;  but,  from  the  constant  mention  of 
knocking,  never  ringing,  for  admisaion,  we 
cannot  suppose  that  such  bells  were  Ibr  the 
same  purpose  as  our  door-bells:  perhaps,  as 
Man  thinks,  they  were  rung  by  the  janitor  to 
announce  to  the  slaves  within  that  a  visitor  was 
entering  (Marquardt,  Privatkben^  236;  cf. 
Becker-Gall,  Qattus,  ii.  236). 

Besides  the  above  practical  uses,  belU  had  a 
religious  significance  which  appears  in  different 
forms,  starting  in  all  probability  from  the 
general  idea  that  they  were  a  preventive  against 
evil  influences.  Hence  we  find  them  in  con- 
nexion with  the  worship  of  Rhea  (Wieseler, 
Denkm.  ii.  813)  and  of  Dionysus  (Nonnos, 
IHonya.  xxx.  213),  and  thus  represented  in  the 
hands  of  a  Bacchante  (Wieseler,  Deniai.  ii.  S39X 
or  attached  to  the  thyrsus  or  tympana  (as  in  a 
relief  in  the  Vatican),  or  to  a  tree  sacred  to 
Bacchus  (see  cut  on  p.  304) :  the  bell  round  the 
neck  of  the  ass  on  which  Silenns  rides,  as  seen 
on  a  sarcophagus  in  the  British  Museum,  mAj 
possibly  have  this  significance,  though  it  is  aUo 
possible  that  it  belongs  only  to  the  general 
custom,  mentioned  above,  of  hanging  bells 
round  the.  necks  of  various  animals.  The  same 
idea  caused  them  to  be  used  as  amulets:  c£. 
Chrysost.  »n  Ep.  ad  Cor.  xii.  7,  rk  wtpUarra  koL 
robs  iMmims  rohs  r%s  x^V^'  i^tifr^^fmn  • .  • 
94op  fifi9\tf  iirtpop  rf  toiSI  w^nSdimt  ^  rigw 
iirh  Tov  (rraupov  ^vkiuciiv.  Such,  no  donbt,  was 
the  purpose  of  the  bell  on  a  necklace  fram  the 
Crimea,  now  in  the  Hermitage  at  St.  Petersburg 
(for  this  and  other  similar  bell-emulets,  see 
Stephani,  Oompte  Rendu,  1865,  p.  174).  A 
votive  hand,  such  as  Chrjsostom  mentions,  is 
described  by  Bonnstetten  {Rec  d^auUq.  Suistetp 
pi.  XX.  2,  3).  A  similar  prophvlactic  use  sug- 
gested the  bells  attached  to  shields  (Aesch.  Thi^. 
385) ;  and  it  is  not  impossible  that  the  bells  om 
the  tomb  of  Porsena  may  have  been  intaBded  te 


TINTINNABULUM 


TOGA 


845 


mweri  ml  (Plin.  ff,  N.  xzxtL  {  92 ;  Labtbin- 
THUB,  p.  2  a). 

The  fomiB  of  bells  were  varioue  in  proportion 
to  the  multiplicitv  of  their  applications.  In 
the  Muaenm  at  Naples  are  some  of  the  form 
which  we  call  **  bell-shaped ; "  others  are  more 
like  a  Chinese  gong.  The  bell,  fig.  1  in  the 
following  woodcnt,  is  a  simple  disk  of  bell-metal ; 
it  is  represented  in  a  painting  as  hanging  from 
the  branch  of  a  tree  (Bartoli,  Sep.  Ant.  13 ;  cf. 
BiStticher,  Baumcuitu$,  37).  Two  bells  are 
shown  hanging  to  a  tree  on  the  left  in  the  cut 
under  OscnXA,  on  page  304.  Figure  2  repre- 
sents a  bell  of  the  same  form,  but  with  a  circular 
hole  in  the  centre,  and  a  clapper  attached  to  it 
bj  a  chain.  This  is  in  the  Museum  at  Naples, 
as  well  as  the  bell,  fig.  3,  which  in  form  is 
exactly  like  those  still  commonly  used  in  Italy 
«nd  attached  to  the  necks  of  sheep,  goats,  and 
oxen.  Fig.  4  is  represented  on  one  of  Sir  W. 
Hamilton's  vases  (i.  43)  as  carried  by  a  man  in 
the  garb  of  Pan,  and  probably  for  the  purpose 
of  lustration  (Theoc.  ii.  36;  Schol.  in  loc,). 
Fig.  5  is  a  bell,  or  rather  a  collection  of  twelre 
bells  inspended  in  a  frame,  which  is  preserved 
in  the  Antiquarium  at  Munich.  This  jinglin| 
instromenty  as  well  as  that  represented  by  fig.  6 


Bells. 

{from  Bartoli,  Luc.  Sep,  ii.  23),  may  hare  been 
UMd  at  sacrifices,  in  Bacchanalian  processions, 
or  for  lnstrati<».  Fig.  7  is  a  fragment  of 
ancient  senlpture,  representing  the  manner  in 
which  bells  were  attached  to  the  collars  of 
<hariot-horse8  (Oinxrot,  Ueber  WBgen,  ii.  pi.  57 ; 
Compte  JSmc^  1876,  p.  115).  The  example  in 
the  latter  work  is  a  bell  of  a  more  ornate  kind 
with  a  scalloped  edge,  somewhat  resembling  the 
'*  bell "  of  a  hyacinth  (see  Atlas  of  Ompte  £ndu^ 
1876,  Taf.  U.  22).  [J.  Y.]    [G.  E.  M.] 

TIRO.    [ExsRCiTUg,  Vol.  I.  pp.  805,  806.] 
TITHENIDIA  (riBnyiiia),  a  festiral  cele- 
brated at  Sparta  by  the  nurses  who  had  the  care 
of  the  male  children  of  the  citizens.    On  this 


occasion  the  nurses  (rrr^ol)  carried  the  little 
boys  out  of  the  city  to  the  temple  of  Artemis 
sumamed  Corythallia,  which  was  situated  on 
the  bank  of  the  stream  Tiosa.  Here  the  nurses 
sacrificed  sucking-pigs  on  behalf  of  the  children, 
and  then  had  a  feast,  probably  of  the  meat  of  the 
rictims,  with  which  they  ate  bread  baked  in  an 
oven  (lirylr€u  iiprovr,  Athen.  iv.  p.  139 ;  cf.  Pint. 
Sympos,  iii.  9,  Quaest,  Or,  rii.  p.  211,  Wyttenb. ; 
Hesych.  s.  v.  Kopu9a\Kurrpleu,)  [L,  S.] 

TITIE8  or  TITIENSEa  •  [PATBicai.] 

TITII  BODAliES,  a  sodaUtas  or  college  of 
priests  at  Rome,  who  represented  the  second 
tribe  of  the  Romans,  or  the  Titles ;  that  is,  the 
Sabines,  who,  after  their  union  with  the  Ramnes 
or  Latins,-  continued  to  perform  their  own 
ancient  Sabine  sacra.  To  superintend  and  pre- 
serre  these,  T.  Tatius  is  said  to  hare  instituted 
the  TitH  sodales  (Tac.  Ann.  i.  54).  The  same 
writer  (fiisi.  ii.  95)  gires  another  tradition,  that 
the  priesthood  was  instituted  by  Romulus  in 
honour  of  king  Tatius,  who  after  his  death  was 
worshipped  as  a  god.  It  is  true  that  Nipperdey 
rejects  this  passage  as  an  interpolation  contra- 
dicting the  account  in  the  AnnaU:  but  Mar- 
quardt  justly  points  out  that  the  altematiye 
tradition  is  supported  by  Dionys.  ii.  52,  whero 
it  is  said  that  public  sacrifices  were  yearly 
offered  at  the  tomb  of  Tatius;  and  it  is  not 
improbable  that  the  priesthood  really  had  this 
origin,  and  may  rightly  be  compared  (as  in  the 
passage  of  Tacitus)  with  the  later  AuQUBTALBl^ 
instituted  to  preserve  the  cult  of  Augustus. 
Whatever  their  origin,  the  nse  of  Sabine  lites  is 
attested  by  Varro  (£.  A  t.  85),  who  derires  the 
name  Sodales  Titli  from  Titiae  aves,  which  were 
observed  by  these  priests  in  certain  auguries ;  it 
appears  tbiat  these  priests  also  preserred  the 
ancient  Sabine  auguries  distinct  from  those  of 
the  other  tribes^  This  priesthood  had  fallen 
somewhat  into  neglect  at  the  end  of  the  Republic 
(cf.,  however,  Lucan,  Fhart,  i.  602)^  but  was 
restored  by  Augustus  as  a  distinguished  »odalikt8f 
in  which  the  members  seem  to  have  been  of 
senatorial  rank :  among  them  we  find  the  Em- 
peror Augustus,  Nero  Caesar,  the  son  of  Qer- 
manicus,  and  the  Emperor  Claudius  {Men,  Anoyr, 
Or,  4,  6 ;  C.  I.  L.  iii.  381, 1741 ;  rl  913, 1343 ; 
TiiL  7050).  The  favour  of  Vespasian,  towards 
them  is  testified  by  C.  /.  L.  vi.  934.  (Mar- 
quardt,  Aoatsivrtca/iim^,  UL  446;  Saobroos^ 
^573.)  \}s,%:\    [0,E.M.l 

TOCOS  (r^cer).    [Ffarm.] 

TOGA  (in  Greek  writers,  r^^wa).  The 
earliest  c6stnme  of  the  Roman  was  a  thick 
woollen  cloak  worn  over  a  loin-cloth  or  apron 
[Subuoaculum].  This  woollen  cloak  was 
called  the  toj/o,  and  was  the  dress  of  women  as 
well  as  men  and  boys.  It  was  laid  aside  indoors, 
or  when  hard  at  work  in  the  fields ;  but,  as  we 
learn  from  the  story  of  Cincinnatus,  was  the 
only  decent  attire  out-of-doors.  He  was  plough- 
ing in  his  field  when  the  messengers  of  the 
senate  came  to  tell  him  that  he  had  been  made 
dictator,  and  on  seeing  them  promptly  sent  his 
wife  to  fetch  his  toga  from  the  house,  that  they 
might  be  received  with  all  propriety  (Liv.  UL 
26,  9).  The  truth  of  the  story  may  be  doubt- 
ful, but  it  well  expreues  the  Roman  sentiment 
on  the  subject.  As  time  went  on,  however, 
and  the  Romans  became  more  civilised,  their 
garments  changed.     They   adopted    the   shirt 


846 


TOGA 


TOGA 


JTunica]  which  the  Greeks  and  Etnucans  wore, 
made  their  toga  more  bulky,  and  wore  it  in  a 
looser  manner.  The  result  was  that  it  became 
useless  for  active  pursuits,  such  as  those  of 
war,  in  which  its  place  was  taken  by  the  more 
handy  Saoux,  and  in  those  of  peace,  where  it 
was  superseded  by  the  Laeka,  Lacerna, 
Paenula,  and  other  forms  of  buttoned  or 
closed  cloaks.  The  same  process,  as  is  often 
the  case  with  clothing,  that  removed  it  from 
erery-day  life  and  commonplace  uses,  gare  it 
an  increased  importance  as  a  ceremonial  gar- 
ment. As  early  as  the  third  century  B.G.,  and 
probably  even  before,  it,  along  with  the  Calceub, 
was  looked  upon  as  the  characteristic  badge  o 
Roman  citizenship.  It  was  denied  to  foreigners 
(Suet.  Ciaud,  15),  and  even  to  banished  Romans 
(Plin.  Ep.  ir.  11,  3),  and  was  worn  by  magis- 
trates on  all  occasions  as  a  badge  of  office.  In 
fact,  for  a  magistrate  to  appear  in  a  Greek  cloak 
[Pallium]  and  sandals  (see  instances  giren  in 
the  article  Solea)  was  considered  by  all,  except 
unconrentional  folk,  as  highly  improper,  if  not 
criminal  (cf.  Cic.  pro  Sab,  9,  26).  Augustus, 
for  instance,  was  so  much  incensed  at  seeing  a 
meeting  of  citizens  without  the  toga,  that, 
quoting  Virgil's  proud  lines,  **  Romanes  rerum 
dominos  gentemque  togatam,"  he  gave  orders  to 
the  aediles  that  in  future  no  one  was  to  appear 
in  the  Forum  or  Circus  without  it  (Suet.  Aug. 
40).  When  such  was  the  feeling  of  the  Em- 
peror, it  is  little  wonder  that  the  toga  remained 
the  Court  dress  of  the  Empire  (Spart.  Sever. 
1,  7),  though  in  any  case  the  social  usage  of 
Rome  would  have  made  it  so.  It  was  in  it  that 
the  clients  paid  their  yisit  to  their  patron 
[Salutatio],  not  forgetting  to  wear  boots 
Icaioewi)  with  it  (Jut.  i.  119 ;  cf.  Tertull.  de 
FalliOf  "calceos . . .  proprium  togae  tormentum : " 
and  for  the  calceus.  Mart.  i.  103,  5,  6 ;  Hor. 
Sat.  i.  3,  31-2).  It  was  also  worn  by  the  spec- 
tators in  the  circus  at  Rome  (Suet.  Aug,  40 ; 
Bio  Cass.  Izzii.  21),  and  its  irksomeness  causes 
Jurenal  to  sigh  for  the  freedom  of  the  country, 
where  only  the  dead  man,  who  was  buried  in  it, 
is  bound  to  wear  it  (^Sat.  iii.  172  ;  cf.  Mart.  iz. 
58,  8).  Martial  is  equally  enthusiastic  in  his 
praises  of  the  unconyentionality  of  the  provinces 
(i.  49,  31 ;  ir.  66, 1-3;  z.  47, 5;  xii.  18,  5,  17); 
and  Pliny  the  younger  makes  it  one  of  the 
attractions  of  his  Tuscan  villa  that  there  is  no 
necessity  of  wearing  the  toga  (Ep.  y.  6,  §  45 ; 
cf.  yii.  3,  §  2).  In  spite,  however,  of  these 
protests,  its  use  as  an  official  garment,  lingered 
on  until  the  time  of  Theodosian  (Cod.  Theod. 
xiv.  10,  1),  when  it  was  supplanted  by  the 
Paemula. 

The  best  account  of  the  shape  and  the 
manner  of  wearing  the  toga  is  given  by  Isidore 
(Orig,  ziz.  24,  3) :  '^Toga  dicta  quod  velamento 
sui  corpus  tegat  atque  operiat.  Est  autem 
pallium  purum  forma  rotunda  efiusiore  et  quasi 
inundante  sinu  et  sub  deztro  veniens  supra 
sinistrum  ponitur  humerum."  The  character- 
istic feature  is  the  roundness  (cf.  QuintiL  zi.  3, 
139:  *'Ipsam  togam  rotundam  esse  et  apte 
caesam  velim  "),  being  that  which  distinguished 
it  from  the  square  Greek  cloak  or  paUium  and 
the  old  Roman  recirUum,  That  it  was  in  no 
sense  circular  is  shown  by  the  fact  that  Dionysius 
of  Halicamassus  (iii.  61)  calls  it  a  w9p^$6^xuoy 
ilfwc6K\toWf  and  still  more  by  the  large  series  of 


Roman  portrait  statues  on  which  -it  appears. 
These  statues  are  in  fact  our  mun  evidence  for 
its  shape,  and  literary  mentions  can  only  be 
used  to  illustrate  their  evidence,  not  to  correct 
it  The  older  scholars  of  this  century  were 
singularly  neglectful  of  these  moBuments^  though 


Fig.  1.  The  Togs,  after  Wste. 

most  diligent  in  collecting  and  comparing  all 
the  numerous  passages  bearing  on  tl&e  use  of 
the  toga.  It  was  not  indeed  until  the  last 
thirty  or  forty  years  that  the  subject  was 
studied  from  the  sculptural  point  of  view  by 
Weiss  and  Von  Launitz,  and  more  recently  by 


Fig.  2.  The  Toga,  after  Von  Uiimltx. 

A.  Miiller.  Weiss,  whom  Marquardt  follows, 
regarded  the  difficulties  of  the  case  as  solved 
by  a  garment  of  elliptical  shape,  though  with 
pointed  ends,  to  which  a  border  was  sometimes 
attached  (fig.  1).  Von  Launitz,  on  the  other 
hand,  has  shown  that  though  the  earlier  statues 
wear  a  toga  of  this 
shape,  the  more  usual 
and  diancteristic  form 
shown  by  later  statues 
cannot  be  obtained  from 
it.  After  numerous  ex- 
periments, which  he  em- 
bodied in  a  model  dress 
fitting  a  lay  figure  and 
disseminated  through 
German  schools,  he  hit 
on  a  complex  shape 
which  answers  the  pur- 
pose. It  is  a  crescent, 
the  back  of  which  is  an 
elliptical  curve,  and  has 
a  circular  segment  of 
cloth  FHAf  only  about 
a  third  of  the  arc  across, 
sewn  on  to  its  concave 
side  (fig.  2).  Both 
shapes  were  of  great 
size,  being  at  least 
three  times  the  height 
of  a  man's  shoulder  in  P*!'  >•  Ststwof  Dtdtua 
length.  TakinptheVon  J^f^  (^^*^  *^ 
Launitz  model  as   our 

guide,  the  method  of  wearing  it  is  well  seen  in 
the  statue  of  Didini  Jollanua  (fig.  S),     About 


a  third  of  t)ie  togm  (m  ii  hcd  in  Rg.  4)  i>  But 
■tloved  to  bang  in  froDt  orer  tbe  left  ihoaMsr 
(in  tie.  2,  Eit  the  point  whers  it  ia  plnccd  on 
the  ibonlder),  >a  tlut  iti  end  liu  between  tbe 


the  ibonlder),  >a  that  ita  end  liu  between  tbe 
wearer*!  anklei  (a=J  In  fig.  2>    Then  the  reat 


Sketcfaa  » ibiiw  bo*  lb*  Toc>  vu  pDt  on. 


of  tbe  garioeDt  ia  taken  and,  ai  laidore  (I.  <^)  tella 
na,  drawn  acroaa  the  back,  nnder  the  right 
ibonJder,  and  acroia  the  ehait  in  a  alanting  line, 
being  Gnallj  thrown  orar  the  laft  ihoalder  once 
more.  Thii  done,  the  weight  of  the  end  which 
is  tbruwn  oTcr  tbe  left  ibonlder  keepa  the  whole 
in  Iti  place.  Such  a  deacripUon,  howevei', 
with  tbe  exception  of  the  point  between  the 
Ankles,  applies  quite  ni  well  to  a  pallinm  ai 
B  ioga,  la  the  toga,  however,  the  folds  were 
fnrthei  complicitea  fint  bj  drawing  tbii  part 
(which  hang!  down  in  ^at  from  the  left 
■hoalder)  npwarda  and  allowing  it  to  bang  over 
the  fold  (b),  which  rnna  lUnting  tnm  nnder 
the  right  arm  to  tbe  left  ahonlderj  and 
•econdlj  hj  the  fact  that  thia  alanting  fold, 
inatead  of  being  roerelf  the  hem  of  the  cloak 
turned  OTer,  forma  a  lort  of  apron  or  aling 
running  from  behind  the  right  ihonlder  to  the 
left.  Thia  cniioos  fold  coven  the  greater  part 
of  the  left  tbigh  completelf,  and  falli  down 
aa  hi  aa  the  knee.  It  ia  nndcubtedly  the  part 
known  to  the  ancients  ai  the  linua.  and  one  of 
the  chief  menta  of  Vuu  Lannitz' 


Ughl 


throwl 


nark    of  Quii 


(/'£>4inGg.2iitbennu*).  Tbi 
tocta  chtticut  on  the  subject  (li.  137  ff.),  siya 
that  the  andenti  had  no  ti'nut  on  their  toga,  and 
that  even  alleiwudi  tbtj  were  verj  narrow 
("  Nam  Tcteiibna  nnlli  linni ;  perqoam  brevei 
poet  iUoa  fuernnt ").  The  amall  piece  added  to 
the  coDCATe  tide  of  tbe  crescent  being  the  miu, 
thii  well  eiplainithe  fact  that  the  earlier  forms 
can  be  reprodaced  bjr  a  cloak  without  it  of 
Weisi'i  pattern.  Qiuutilian,  in  the  piaaaige 
qnoted,  ia  giving  his  ontor  rules  for  the  nice 
managemeot  of  Uie  toga,  and  hia  remarki  are  of 
great  Importance,  as  an  account  of  tbe  manner 
of  wearing  it.  He  recommendi  the  orator  to 
gird  his  ahirt  lo  that  In  front  it  naj  come  a 
little  below  tbe  hneei,  but  behind  may  touch  hia 
calrei.  If  he  has  the  right  of  the  latut  daaa, 
the  shirt  ma;  be  eomeithat  lower  ("  coi  lati 
cUvi  Jos  non  erit,  ita  cingatnr  nt  tonicae 
priolibns  oris  infra  genua  psnllnm  pesterioribna 
ad  medloa  popUtes  uaque  perveniant  ")■  The 
toga  which  goea  over  this  ought  to  be  round  and 
•nitably  cnt,  for  otherwiie  it  will  in  many  ways 


be  ont  of  proportion.  The  part  of  it  ia  front  ii 
beat  when  it  reaches  to  the  middle  of  the  ahins, 
while  the  part  behind  should  be  higher  in  the 
same  degree  aa  the  girdle  ii.  Tbe  miu  looks 
best  when  it  is  a  considerable  height  above  tbe 
hem  of  the  toga,  and  ought  never  to  be  below 
it.  Tbe  part  of  tbe  toga  which  is  dnwn  under 
the  right  ihoalder  slanting  to  the  left,  like  a 
croea-belt,  ihonid  neither  choke  one  nor  be  looie. 
The  part  of  the  toga  which  ia  put  on  afUr  it*- 
ihonld  be  lower,  for  it  siU  better  thns  and  i> 
kept  in  place.  ("  Ipaam  togun  rotundam  eaie  et 
•pte  caeiam  velim.  Allter  enim  moltis  modii 
fiet_  enormis.  Para  eina  prior  mediii  cruribn* 
optima  terminatur,  poaterior  eadem  portione  qua 
doctnra.  Sinus  decentiiiimua,  si  aliquanto 
■npra  imam  togam  foerit  nnnqoam  certe  lit 
inferior,  llle  qui  nb  hnmero  deitro  ad  ainis- 
trum  oblique  docitnr  veint  balteoi  nrc  strangu- 
let,  oec  flnat.  Pantogae  quae  poitea  impoaitar 
■it  inferior  nam  ita  et  sadet  melius  at  contine- 
tnr.")  He  adds  that  the  shoulder  and  neck 
ought  not  to  be  covered,  for  thii  makes  the 
toga  look  less  flowing  and  takn  from  iu  im- 
preuivaneaa.  Ai  to  the  attitude,  tbe  left  fore- 
arm ahould  be  at  a  right  angle,  and  should  be 
in  SDch  a  poaition  that  the  edgei  on  the  led  fall 
in  equal  fbldi  aide  by  side. 

Nearlj  all  these  paciiliaritiei  are  borne  ont 
by  the  statues,  though  of  couraa  the  acnlptor 
bai  probably  in  m«t  cases  soflaned  down  what 
waa  aognlar  in  tbe  attitude.  It  needs  no  Roman 
writer  to  tall  that  a  mantle  worn  in  inch  a 
complicated  way  must  have  been  a  eerioos 
aniiaty  to  one  with  fashionable  instincts.  Ter- 
tullian,  however,  alludes  iu  a  moat  amusing 
na;  to  the  trouble  the  valet  who  had  toairange 
the  great  man's  clothes  (vatiplicut,  OrelTi, 
2838}  took  to  shape  the  folds  aright  the  day 
befon  and  to  fix  them  in  their  place  by  tongs, 
^nd  to  the  difficulties  of  wearing  it  (de  Pallio,  5  ' 
.T«„.    ..:—    -J    .,_-„ captaielan       * 


'Prioi    eliam    ad    i 

ullo 


initat;  adeo  nee  artifice  opoi 
Bi  qui  pridie  lugai  ab  exordio  formet  et  inde 
dedncat  In  tillai  totumque  coatracti  umbonis 
figmentom  custodibui  forcipibaa  assiguet,  dehinc 
diluculo  tunica  prinscingnlo  correpta — rtcognito 
runna  nmbone  et  si  quid  eiorbitavit  reformato 
partem  quidem  de  laevo  promittat,  ambitum 
vero  eiui  ei  quo  linua  naicitur,  iam  delicientiboi 
tabulii  retnbet  a  scapulis  et  eicluia  deitera  in  ' 
laevam  adhuc  congerat  cum  alio  pari  tabulato 
in  terga  devoto  atque  ita  hominem  aarcina 
veitiat  ").  The  main  point  in  all  luch  airange- 
mento  was  to  make  the  bandlike  fold,  which  ran 
icroB  the  breaat,  aecuro.  It  is  called  the  vmbo 
n  the  above  pasaage  (ef.  Persioi,  v.  33) ;  but, 
n  tbe  hnmoroDa  description  which  Macrobioa 
givei  of  Horteniiui'a  toilet,  is  spokeu  of  u  the 
artifex  nodiu,  Hortensins  used  a  mirror  and 
adjusted  his  toga  ao  that  thia  band  held  tbe  folds 
and  creases  in  their  place,  and  so  that  they 
covered  jntt  the  proper  amoont  of  fail  aide  and 
thigh.  Such  an  arni^ement  was  at  the  best 
not  very  reliable,  and  so  we  are  told  that  Hor- 
ton«m  aent  a  snmmoni  to  a  friend,  who  had 
jostled  him  in  a  pasaage  and  disarranged  hii 
dreiB.  In  bet,  he  thought  tbe  ihifting  of  a 
creaie  on  his  ihonlder  a  deadly  oSence  (Sat  iii 
13, 4).  '  ^ 

Another  mark  of  tbe  Boman  dandy  wai  the 
anormooi  lixe  of  hii  toga  Qaxitai),  and  many 


&48 


TOGA 


tra  the  neen  *t  tb<  people,  lo  nia  Cicero'i 
phnK,  "relit  unictoi  non  togii  "  (in  Cht.  ii.  10, 
SO).      The  Bie  «u   lometinies  inch    that  the 

Snntnt  tniled  behlQd  like  i  tngic  actor't ;  at 
lit  thia  is  wbkt  Vtlerids  Maiimni  telli  ns  of 
Tnditinat  (Tii.  8,  4 ;  cf.  Mart.  Tii.  35),  nnd  ire 
nln  heir  of  Cnligiila  catching  hli  Toot  La  the  end 
of  hii  toga  thut  wu  between  hli  legi  and  getting 
■  fall  (Snet.  Cal.  3j,  "  tla  proripait  x  apeeta- 
'Colia  Dt  calcats  ladnia  togaa  praecepa  per  gradiu 
iret  ")■  Snch  togat  laxra  were  aiiocialed  with 
cnrled  hair,  and  roundlj'  abiued  as  bad  tail« 
<Tib.  1.  B,  30:  "turn  procul  abiitii  qaiiqaii 
colit  arte  otpilloe,  et  fluit  affoao  cui  toga  iaia 
■iaa;"  cf.  Seneca,  Cmtr.  2,  U),  and  Orid 
adriaea  the  lover  to  aroid  them  if  he  i>  to  make 
a  good  unpreiaioci  {Jltm.  Am.  679:  "nee  com- 
pone  comaa  quia  ■■■  Tentoma  ad  illam,  ntc  toga 
ait  laio  conipidanda  iiou");  thoogh,  if  ve 
maT  tniat  Tiballaa,  thi*  wai  ■  common  lorer'a 
fuhioti  (ii.  3,  77:  "Quae  il  danaa  rnea  eat  si 
copia   Tara   ridendi    hea   miieruai,  laiam   quid 

«'  iTBt  aiie  tognm ").  The  locat  daaicut  ii 
once,  Epod.  4,  T,  when  he  ipaaki  of  a  freed 
man  who  wean  a  toga  some  three  j'ardt  wide 
Mid  thereby  eidtea  tmiirenal  iodignatiiiB 
("  Vidoae  aacram  njetieote  te  riam  cam  hii 
triura  nlnusm  toga,  ut  ora  rertat  hnc  ct  hnc 
enntinm  liberrima  indignatio ").  The  older 
cammeotaton,  and  eiea  laidorna,  inferred  that 
the  length,  not  the  breadth  of  the  toga  wai 
meant.  Snch  a  length,  it  ii  needleaa  to  saj, 
would  be  qnite  too  imail ;  and  when  one  reckoni 
in  the  tmtu,  which  Id  snch  cuei  came  dawn  to 
the  iJiirta  of  the  toga,  the  diTnenioni  are  ai 
paaalbla  aa  a  latiriit'i  can  he  expected  to  be. 

Contraated  with  tbeaa  "aaila  "  of  the  gilded 
youth  was  the  modest  mantla  (fo^  orla  :  c(:  Hot. 
.^  1. 18, 30),  which  quiet  people,  like  Anguatoi, 
wor«(5Dat.Jii<r>73i  "togiatiequereitrietlinaque 
fuait^u.e.t]"> 

far  initaneg  that 
of  Cato  Uticmais 
(toga  angua,  Hor. 
Ep.  i.  19,  IS),  this 
was  daubtlcia  aa 
attempt  to  bring 
back  the  old  ah  ape, 
which  aa  Quii- 
tilian  aajs  had  no 
>uiu>.  This  i* 
the  form  which  wo 
sea  on  the  Etni»- 
ean  atatue  called 
the  Arringatore, 
now  at  Florence; 
for  the  Somans 
held  that  they  bad 
borrowed  the  toga 
from  the  Etrus- 
can. Another 
atatue  In  Dresden, 
though  the  man- 
tle in  which  it 
is  clad  is  icarcelj 
round  enough  for 
the  toga,  is  gene- 
rally quotwl  in  il- 
Instntion  of  Quintilian'i  further  rfRink,  thit 
ttM  ancient  orators  must  on  accoant  of  the  sltii  it 
have  held  their  arm,  in  tba  aame  manner  as  '.dt 


TOQA 

Greeks,  wrapped  in  the  toga.  Somewhat  the 
same  attitude,  a  compnlsorr  one  daring  the 
pupil's  (irociniiun  (Cic.  pn)  Cail.  5, 11)  and  whidi 
was  the  nila  in  Greece  [Paluck],  is  sbowa  by 
another  Drenlen  statue,  where  the  ha^  hmu 
to  hare  been  freed  in  the  conree  of  tbt  ipetch. 


Another  mode  of  wearing  the  toga  was  the 
well-known  dtKlui  OabmMt.  Tbe  urns  is  de. 
rired,  according  to  Hommaeu,  from  the  leaf 
wan  of  the  Itcmans  against  (^tiii,  and  was  w 
£rat  purelj  mllitorr,  far  in  the  oldect  ti 


toga  w 


rell  ai 


lu 


peculiarit;  was-thata  fold  of  the  toga  wn  drawn 
ronnd  tbe  Iwdyin  audi  a  tnj  that  it  acted  ass 
girdle.  (Snr.  ad  At*.  riL  61!i  "GaUaaa 
ciBfitns  aa*  toga  sic  in  tcrgnm  niecta  nl  aaa 
(imaf)  aius  laiduia  a  tergo  rerocata  hsoriatn 
ringat:"  cf.  bid.  Or.  lii.  24,  7,  "OiuliU 
Gabinni  eat  com  ita  impooitnr  toga  at  tegM 
ladnia  quae  poataeeu  reicitnr  altiahalar  vt 
pactua.*^  At  the  same  tin*  put  of  tht  loft 
waa  dnwn  up  o»er  the  bead  (cf.  Serr.  ad  in. 
T.  7S5),  though  ^ii  of  courac  cannot  banlHB 
done  in  war.  The  cmcfw  OiAava  was  ratsimd 
long  after  it  had  passed  ont  of  ordinarj  net  la 
the  ritnal  of  certaia  warlike  aacritioa  (cf  Ur. 
T.  46,  3),  aa  when  the  Temple  of  Janus  n 
opsnad  (Verg.  An.  Tii.  611).  It  was  also  ufd 
at  the  AmURVALiA  and  the  foundieg  of  s  dti 
(cf.  Verg.  Aen.  r.  755,  aud  Serr.  of  he);  ai 
it  was  with  their  heads  thus  corerwl  that  tk 
Decii  derotad  themselres  «s  rictina  fiir  thtir 
connlTf  (Ur.  riii.  9,  8,  and  7,  3). 

Featus  tells  ns  that  the  cimcha  Odaui  a 
referred  to  in  the  phrase  ctaait  prmntta  (Ep^l- 
p.  335;  cf.  p.  56,  12),  with  which  »  pncmtit, 
the  garb  in  which  the  tettmientim  was  iwon. 
is  connected.  Howerer,  for  oHinarj  purpisn 
the  toga  was  scarcely  used  bf  solditis,  lion 
eren  where  distributions  of  them  to  (he  soMitn 
are  mentioned  th<  number  is  a  rerj  IJmiled  ost 
(cf.  Lir.  iiii.  36,  3,  where  1800  togas  go  t* 
12,000  tunieae ;  and  Id.  ilir.  16, 4,  when  «.0O» 
go  to  30,000).    So  mnch  so  was  thi*  the  case 


TOGA 


TOGA 


849 


that  the  toga  became  the  typical  gtah  of  peace 
as  in  Cicero's  time  (in  Pis,  30,  73 :  **  Cedant 
anna  togae  ooncedat  laurea  laudi").  Among 
other  gnrvivali  of  the  old  uses  of  the  toga  was 
the  custom  of  wearing  it  without  a  tunica  l^neath 
(Gell.  rii.  12,  8,  '^riri  autem  Romani  prime 
quidem  sine  tunicis  toga  sola  amicti  fuerunt  *'), 
which  was  observed  by  candidates  for  election 
until  almost  the  end  of  the  Republic  (PJlut. 
Quaest,  Som.  49,  p.  276  C,  9i&  rl  rohs  wapay- 
y4xXotrrus  &px*^y  '^'  ^P-iv  tfutrl^  rovro  voicZy 
ix^rmms:  cf.  Id.  Ooriol.  14).  Cato  UUcensis, 
like  the  famous  family  of  Cathegi  (cinciuii,  Hor. 
A.  P,  50 :  cf.  Lucan,  ii.  543,  vi.  794 ;  Sil.  Itai. 
viii.  587),  adopted  this  as  one  of  his  habits, 
though  the  ordinary  Roman,  as  we  hare  men- 
tioned above,  considered  it  as  scarcely  decent. 

Yet  another  custom  was  the  surviTal  of  the 
toga  as  a  woman's  garment  (cf.  Serv.  ad  Aen.  i. 
282),  in  the  case  of  the  meretricet  and  unchaste 
women  who  were  condemned  to  wear  it  (Jut.  ii. 
68 ;  Mart.  ii.  39,  x.  52 ;  Cic.  PhU.  ii.  18,  44 ; 
Hor.  Sat,  i.  2,  63).  The  tSga^oTthe  Hbman 
'Citizen  waS^hite  in  colour  (cf.  Mart.  riii.  28, 11); 
buf  if  he  were  candidate  for  an  office,  he  sent  it 
to  the  fuller  and  then  appeared  in  the  toga 
Candida  (cf.  Poly  bins,  x.  4,  8,  -Hifitrva  kafiwpd). 
The  dazzling  brilliancy  of  the  toga  Candida  was 
giren  by  some  special  preparation  of  chalk,  ac- 
cording to  Isidorus  {Orig.  xix.  24,  6),  and  this  is 
why  Persius  speaks  of  a  cretata  cmbitio.  This 
custom  was  forbidden  by  a  pleffiacitum  in  432  b.c. 
(LiT.  ir.  25,  13),  but  this  never  seems  to  have 
been  enforced.  The  citizen's  toga,  or  toga  puroy 
being  the  mark  of  his  franchise,  was  assumed  by 
the  young  Roman  when  he  was  declared  to  be 
legally  of  age.  It  was  on  this  account  known 
as  the  toga  viriliSf  as  opposed  to  the  toga  prae^ 
iexta  of  boys.  The  assumption  of  the  toga 
viriiis  took  place  on  the  feast  of  the  Liberal ia 
(March  17 :  cf.  Ovid,  Fasti,  iii.  771 ;  Cic,  ad  Att, 
▼i.  1}  12),  when  the  boy  was  between  14  and  16 
years  of  age,  though  instances  occur  in  which 
boys  a  couple  of  years  older  or  younger  assumed 
it  (cf.  Marquardt,  Privatlebeny  p.  126  foil). 

The  praetexta  worn  by  free-born  boys  (Liv. 
xxiy.  7,  2:  <<Liberi  nostri  praetextis  purpura 
togis  utuntnr")  was  an  ordinary  toga  with  a 
purple  hem  added.  Its  use  was  not  confined 
to  boys;  for  it  was  worn  by  all  the  curnle 
msgiKtrates  (aediles,  cf.  Cic.  post,  red,  in  Sen.  5, 
12 ;  and  censors,  cf.  Zonar.  vii.  19).  It  vrtm 
denied  to  the  quaestors,  plebeians,  aediles,  and 
tribunes  of  the  Plebs  (Plut.  Quaest,  Som.  81, 
p.  283  B),  though  it  was  one  of  the  privileges 
of  magistrates  in  the  Municipia  and  Coloniae. 
To  wear  it  was  a  distinction ;  and  ex-curulo 
magistrates,  as  well  as  dictators,  were  buried  in 
Jt  (Liv.  xxxiv.  7,  2).  They  seem  to  have  been 
also  allowed  to  wear  it  during  their  lifetime, 
but  only  at  public  ceremonies  or  festivals  (cf. 
Cic.  Phil.  ii.  43,  HO,  "cur  non  sumus  prae- 
textati").  Priests  possessed  the  right  of  the 
praetexta^  though  not  in  all  colleges.  The 
FUmen  Dialis  (Liv.  xxvii.  8,  8),  the  Pontifices, 
and  Tresviri  Epulones  (Id.  xxxiii.  42),  the  Augurs 
(Cic.  pro  Sest.  69,  144),  and  the  Arval  brothers, 
are  among  those  mentioned  as  wearing  it.  Under 
the  Empire  it  was  common  to  bestow  a  praetexta 
as  a  badge  of  rank  (pmamentum).  Thus  Sejanus 
was  given  it  by  the  senate  ns  part  of  the  insignia 
of  praetor  (Dio  Cass.  Iviii.  11 :  cf.  for  the  whole 

VOL.  II. 


subject  Mommsen,  Staatsrecht,  i.'  392  ;  ii.  522). 
Another  kind  of  toga  was  the  toga  pvila,  a  mantle 
of  dark  colour  which  was  assumed  by  those  in 
mourning  {sordidatC)^  who  were  said  muitare 
vestem.  It  was  of  dark  colour,  whence  its  name ; 
and  was  put  on  not  only  in  cases  of  bereavement, 
but  in  cases  of  private  danger,  as  for  instance 
when  one  was  impeached  (cf.  Liv.  vi.  20,  1,  of 
M.  Manlius),  and  of  public  anxiety.  In  fact, 
it  was  one  of  the  ways  of  making  a  popular 
demonstration,  and  Cicero  was  prouder  of  nothing 
more  than  of  the  fact  that  the  senate  resolved 
on  a  vestis  muiatio  when  he  went  into  exile 
{post  red,  in  Sen.  5,  12).  In  the  case  of  magis- 
trates who  had  the  right  to  wear  the  praetextOj 
a  common  toga  pura,  not  a  toga  pulkiy  was  worn. 

Under  the  Republic  the  most  magnificent 
garment  was  the  toga  picta  of  Jupiter  Capi- 
tolinus  (cf.  Tertull.  de  Corona,  13),  which  the 
triumphant  general  wore  over  the  tunica  palmata 
(Liv.  V.  41,  2:  '*quae  augustissima  vestis  est 
tensas  ducentibus  triumphantibnsque ").  The 
Praetor  Urbanus,  however,  was  also  allowed  to 
appear  in  it,  when  he  rode  in  the  chariot  of  the 
Gods  into  the  circus  at  the  Ludi  ApoUinares 
(cf.  Liv.  /.  c).  The  toga  picta  was  a  toga  pur- 
purea, or  mantle  of  purple,  covered  with  gold 
embroidery,  and  was  very  possibly  originally  the 
king's  attire,  though  tradition  ran  that  the  king 
only  wore  the  praetexta.  Under  the  Empire, 
the  republican  customs  were  much  altered,  and 
all  magistrates  who  gave  games  wore  the  toga 
purpurea;  though  indeed  from  a  decree  of 
Augustus,  that  no  one  except  magistrates  and 
senators  should  wear  it,  one  may  infer  that  its 
use  was  by  no  means  so  restricted  as  might 
otherwise  be  supposed  (Dio  Cass.  xlix.  16).  Even 
under  the  Republic  the  Praetor  Urbanus  Asellio 
offered  a  sacrifice  in  the  triumphal  costume,  and 
one  of  the  honours  conferred  on  Julius  Caesar 
was  the  right  of  always  wearing  it  at  sacrifice 
(Appian,  B.  C.  i.  54,  ii.  106).  Afterwards  the 
further  right  of  wearing  it  always  and  wherever 
he  wished  was  given  him  (Dio  Cass.  xliv.  4, 
6  ;-~Cic.  de  Divin.  i.  52,  119 ;  ii.  16,  27);  and 
this  privilege  was  retained  by  Augustus  and  his 
successors,  though  as  a  rule  they  only  used  it 
on  special  occasions. 

In  the  second  century  A.D.  the  toga  picta  with 
the  tunica  palmata  had  already  become  the 
official  dress  of  the  consub,  and  the  best  repre- 
sentations of  it  are  to  be  found  in  their  portraits 
on  the  diptycha  of  ivory  which  they  presented 
to  their  friends  on  election.  In  these,  however, 
the  toga  has  taken  quite  a  new  and  almost 
irrecognisable  form  (cf.  Baumeister,  Denkm, 
p.  1833,  fig.  1923 ;  and  Marquardt,  PriwUkben^ 
ed.  2,  p.  563,  note  1). 

Among  the  varieties  of  the  toga  the  trabea 
must  be  mentioned.  It  probably  gets  its  name 
from  having  stripes  {trc^s)  of  bright  scarlet 
with  a  purple  hem  (cf.  Isid.  Orig.  xix.  24,  8: 
"  Trabea  erat  togae  species  ex  purpura  et 
cocco").  It  was  a  very  ancient  form  of  the 
toga,  and  was  worn  by  the  Salii  (Dionys.  ii.  70) 
and  augurs.  According  to  Servius,  there  were 
three  different  kinds  of  trabea :  one  of  purple 
only,  for  the  gods  ;  another  of  purple  and  a  little 
white,  for  kings;  and  a  third,  that  described 
above  for  augurs  (ad  Aen,  vii.  612;  df.  ad 
vii.  188).  It  does  not  seem  to  have  been  worn 
by  any   Romans  except  the  Salii  and  augurs,  ^ 

3  I 


850 


TOBOULAB 


TOBCULABIUH 


though  Dionysias  says  that  the  knights  did 
BO,  and  cannot  be  identified  on  any  of  the 
monuments. 

^ee  especially  an  excellent  article  by  A.  Miiller 
in  ^umeister,  Denhn,  s.  t.  Toga ;  Marquardt, 
Frivatleben,  Index  toga  and  trabea  ;  Weiss,  Kos* 
tUmkunde^  p.  435  ff. ;  Von  Heyden,  Die  Tracht, 
&c.  p.  27  ff. ;  Iwan  Muller,  Handbuch,  pp.  804, 
876,  928;  Mayor  ad  Jut.  i.  119,  Ui.  172,  x. 
8  and  39,  xi.  204 ;  Friedliinder,  Sittengeschichte 
Bom^  i.*  p.  151,  &c;  Becker-Goll,  Oallus^  iii. 
p.  198  ffO  [W.  C.  F.  A.] 

TOBCjULAB  or  TCBOULUM,  a  press 
for  making  wine  or  oil :  in  Greek,  vicfrHip,  irit* 
irr^fMor,  or,  generally,  Xt^y^s,  which  strictly 
means  the  rat  in  which  the  fruit  was  trodden 
or  pressed. 

The  grapes  which  had  been  trodden  by  the 
feet  [see  under  Vikum]  required  further  me- 
chanical pressure  to  extract  the  remaining  juice ; 
and  the  pulp  (j$ampsa)  of  the  oUyc,  already 
separated  by  the  process  described  under  Tba- 
PKTUK,  had  to  be  treated  in  a  similar  machine, 
to  extract  the  oil.  The  simplest  and  earliest 
contrivance  for  this  purpose  was  a  heavy  stone 
placed  over  a  basket  containing  the  grapes  or 
the  olive  pulp,  and  pressed  down  by  a  lever,  as 
is  shown  by  a  relief  in  the  Naples  Museum, 
This  was  improved  by  the  press  shown  in  the 
cut  below,  representing  one  found  at  Stabiae, 
which  hem  out  the  Ascription  left  by  .Cato, 
B.  M,  18  (fif.  Plin.  H,  K  xvui.  §  317 ;  Col.  xii. 


a 


a 
e 


e 

a  or 


0 


Flan  of  Torcolar  found  at  Stabfse.    (Blflmner.) 

52 ;  Vitruv.  vi.  6).  Two  posts  (a,  a),  termed 
arbores^  were  fixed  in  the  floor  of  the  pressing- 
room  (torcuUtriunC),  so  as  to  hold  down  the 
tongue  {Unguhf  6)  of  the  press-beam  (jprelitm,  o) 
[in  some  cases  a  single  post,  with  a  hole  to 
receive  the  lingtUa,  answered  the  purpose,  but 
offered  less  resistance  to  the  strainj:  at  a 
distances  the  length  of  the  prelum,  or  beam,  a 
windlass  (tucula,  e)  was  fixed  by  two  other 
posts  (stipUes,  dd)y  and,  being  turned  by  crow- 
bars (yectes),  drew  down  the  beam  by  a  rope 
attached  to  it  [for  sucti/o,  see  Machina,  pp. 
108,  109] :  the  pressure  fell  upon  the  olive-pulp 
or  the  grapes,  placed  in  a  basket  (fiscinc^  or 
between  lathes  (regtdae):  over  the  basket  was 
laid  a  flat  board  (prbia  olearius) :  the  boarding 
or  bed,  upon  which  the  fruit  was  placed,  was 
called  area  (/).  To  lift  up  the  prelum,  when  it 
was  required,  a  pulley  (trodea)  was  hung  from  a 
beam  above.  llie  word  prelum,  though  strictly 
the  press-beam,  often  stands  for  the  whole 
press  (Hor.  Od.  i.  20,  9;  Plin.  ff,  Jf.  xvi. 
1 193,  &c.). 


As  a  variation,  not  very  clearly,  explained, 
which  Pliny  dates  100  years  before  his  own 
time,  the  prelum  was  forced  down  by  a  screw 
instead  of  a  windlass :  and  later,  again,  this  was 
in  great  measure  superseded  by  a  screw- preas^ 
like  an  ordinary  cloth-press  [see  CocleaI  an 
upright  (nudwi)  working  as  a  male  screw  in  an 
upper  cross  beam,  and  being  screwed  down  upon 
what  he  calls  a  tympanum  (prohMj  a  flat  round 
board  with  rims  like  a  tambourine),  beneath 
which  the  fruit  was  placed  {H.  K.  xviii.  |  317). 
One  advantage  of  this  was  that  it  took  mudi 
less  room  than  the  long  prelum. 

A  simpler  press  than  the  above  appears  in  a 
painting  at  Hercnlaneum  (Baumeister,  Denim 
fig.  2333),  a  framework  of  two  uprights  joined 
by  cross  bars  at  the  top  and  bottom.  The 
basket  of  fruit  being  placed  on  the  lower  bar, 
rows  of  beams  separated  by  wedges  are  ranged 
between  the  basket  and  the  upper  bar,  and 
exercise  pressure  as  the  wedges  are  driven  home. 
(Blilmner,  Tedinologie,  L  337-342 ;  Rich,  m.  v.; 
Schneider  ad  Cat.  B,  £.)  [O.  E.  M.] 

TOBCULABIUM,  a  shed  or  out-house  where 
the  presses  for  oil  or  wine  were  worked  (Cat. 
12 ;— Col.  xu.  52,  §§  3-10).  The  descriptions 
left  by  Latin  writers  on  agricnlture  are  con- 
firmed and  illustrated  by  the  remains  of  an 
actual  torcularium,  discovered  at  Stabiae.  The 
central  part  (probably  the  forvm)  has  a  vide 
open  gangway  for  men  or  mules  carrying  in 
the  fruit :  in  it  stands  the  Tkapbtox  for  sepa- 
rating the  pulp  and  the  stone  of  the  olive:  on 
either  side  of  the  central  compartment  we  find 
a  paved  chamber  separated  off  by  a  low  stone 
rim  or  coping,  so  that  they  form  two  shallow 
basins:  it  seems  probable  to  us  that  these 
chambers  were  the  locus  of  Tib.  i.  1,  10,  Ov. 
Fast,  iv.  888,  (^1.  xii.  18,  Plin.  Ep.  ix.  20, 
though  Rich  and  Bliimner  think  differently :  the 
pavement  of  each  chamber  slopes  in  one  direc- 
tion to  a  point  where  leaden  troughs  oonduct 
the  liquid  into  earthenware  jars  (kSra)  sunk  in 
the  floor :  in  each  chamber  (or  laats)  was  placed 
a  press  [Tobculab]  for  oil  or  wine ;  the  sockets 
for  receiving  the  various  parts  (oHwts,  sUpite*) 
described  in  the  preceding  article  are  aeea  in  the 
floor,  and  there  is  an  under-chamber  where  bolts 
(petUcmC)  held  fast  the  aHfores^ke,  in  their  sockets. 
The  juice  flowed  from  the  presses  along  the 
troughs  of  the  locus  into  the  sunken  iars  above 
described,  from  which  the  caputotor  ladled  out 
the  wine  or  oil  into  smaller  jars  to  be  placed  in 
the  store-room  (cella  vinaria,  ceSa  oteariay.  It 
need  not  be  supposed  that  there  were  always 
two  chambers  and  two  presses;  but  it  was  a 
natural  arrangement,  because  the  trapetam 
worked  faster  than  the  torcular;  so  miich  so 
that  we  are  told  also  of  an  annexe,  called  ttdm- 
latum  (Col.  xii.  52),  a  sort  of  small  store-room 
with  a  number  of  small  tanks  (locuscuK)  lined 
with  stone,  in  which  the  aampm  or  olive  pulp 
was  stored,  if  it  could  not  go  directly  into  the 
press:  the  yield  (ooac^iira)  of  each  day  was 
placed  on  a  sort  of  wooden  rack  in  a  separate 
lacuscidus,  so  that  the  watery  liquid  (onwrca) 
might  flow  away  through  a  pipe  in  the  bottom 
of  the  tank. 

When  the  torcularium  was  intended  for  wine, 
the  basin  or  locus  was  as  above  described,  but  in 
the  centre  compartment  the  vat  for  treading 
the  grapes  [see  Yuhtm]  took  the  place  of  the 


TOBEUnCE 

trapetnm :  the  juice  trodden  out  flowed  either 
tato  jan  or,  like  that  afterwards  pressed  in  the 
torcnlar,  by  an  arrangement  of  troughs  into  the 
lacuSf  and  thence  into  the  kAra,  The  wonis  of 
isid.  Orig,  zr.  6,  ^  forum  est  locus  ubi  ura  cal- 
cator/'  will  best  agree  with  the  Tiew  which  we 
take  here,  that  the  centre  compartment  was 
called  forum :  not  only  is  the  name  itself  hard 
to  understand  if  we  assign  it  to  the  side  cham- 
bers or  basins,  ai  Rich  and  Bliimner  have  done, 
but  these  side  chambers,  which  we  take  to  be 
the  ltteu8f  were  already  occupied  by  the  torcular. 
(Bliimner,  Technoi,  L  343  ff.;  Rich,  s.  v.; 
^hneider,  ad  Script,  R,  J?.,  tab.  r.  and  vL) 

TQ  £.  M.I 
TOREUTIGE  (roMvrijr^).  [Caelatura.] 
TOBMENTUM  (/Sd^irawX  torture. 
1.  Greek.  In  the  articles  Apotyxpanismos 
•and  Cbux  it  has  been  argued  that  the  Greeks 
of  pre-Macedonian  times  were  far  more  humane 
in  their  modes  of  inflicting  death  than  has  been 
generally  thought.  The  modes  of  capital  punish* 
ment  are  enumerated  by  Pollux  (riii.  71 :  6  l\ 
mpaXofifidprny  robs  iufmpovfidiwfs  KoXcrrm  8^* 
fjuos,  9iti/t6Koamtj  6  wpbs  ry  ifAyfueri  ami  r& 
4pyat\t7a  abrw  |l^f,  $p6xoti  rOfiva^oPf  ^io^ 
fMKOPf  KAvtwv):  of  these  the  only  wantonly 
•cruel  one,  the  r^Smnvor,  has  been  shown  to  hare 
been  extremely  rare.  Vague  allusions  to  burn- 
ing, impalement,  and  crucifixion,  as  recognised 
modes  of  execution,  are  still  to  be  found  in  works 
of  authority,  though  no  instances  can  be  alleged ; 
the  &ct  being  that  to  the  Greeks  of  the  best 
period  such  punishments  were  known  only  as 
practised  by  barbarians  or  tyrants,  and  formed 
DO  part  of  legal  procedure.  In  this  respect  they 
stood  far  abore  the  Romans  in  their  dealings 
vr'iih  aJI  but  the  priyileged  classes,  and  above 
the  practice  of  most  Christian  nations  until  the 
present  century.  Almost  the  only  writer  who, 
to  our  knowledge,  has  drawn  the  just  and  clear 
distinction  between  the  excesses  of  irresponsible 
persons,  whether  mobs  or  individuals,  and  the 
mind  of  the  people  as  expressed  in  its  laws,  is 
Westermann  (op.  Pauly,  s.  r.  Supplic%tm%  whose 
words  have  been  already  quoted  (Vol.  I.  p.  567a). 
Some  further  illustrations  of  our  previous  argu* 
ment  may  here  be  given.  The  earliest  crucifixion 
recorded  to  have  token  place  in  Greece  is  that 
of.  the  leaders  of  an  insurrection  at  Sicyon  by  a 
Macedonian  princess,  Gratesideia,  the  widow  of 
Alexander,  son  of  Polysperchon,  aa  314  (Died. 
xix.  67).  In  the  previous  year  ApoUonides,  an 
officer  of  Cassander,  had  burnt  the  prytaneum 
at  Argos  with  500  political  opponents  shut  up 
in  it  (Id.  8>.  63).  No  such  deeds  as  these  dis- 
figure the  annals  of  free  Greece ;  they  follow 
rapidly  on  the  incursion  of  Macedonian  bar- 
barism. The  treatment  of  servile  insurrections 
Aflbrds  another  contrast.  We  know  how  the 
Romans  struck  terror  on  such  occasions,  not 
merely  into  slaves,  but  into  free  provincials. 
The  Spartans  were  in  mortal  dread  of  their 
Helots,  and  privately  made  away  with  those 
whom  they  thought  likely  to  prove  dangerous 
[Crtptsia];  Greek  feeling  prevented  their 
resorting  to  wholesale  executions  by  cruel 
methods.  At  Athens,  also,  we  hear  of  insur- 
rections among  the  mining  slaves  [Sebyus, 
p.  659],  but  there  are  no  records  of  atrocious 
and  unusual  punishments. 

Judicial  torture,  employed  to  extract  evidence, 


TOBMENTUM 


851 


was  likewise  confined  at  Athens  and  among  the 
Greeks  generally  within  narrower  limits,  both 
as  regards  the  persons  on  whom  it  was  inflicted 
and  the  modes  of  infliction,  than  in  those  Euro- 
pean countries  which  had  adopted  it  from  the 
later  Roman  law.  In  particular,  the  Athenian 
feeling  against  barbarity  showed  itself  in  very 
early  times  (see  under  Crux,  Vol.  I.  p.  566  a,  6). 
By  a  decree  in  the  archonship  of  Scamandrius, 
of  unknown  but  probably  of  early  date,  it  was 
ordained  that  no  vee  Athenian  could  be  put  to 
the  torture  (Andoc.  d$  Myst,  §43);  and  what  is 
more  to  the  purpoee,  the  restriction  was  fully 
maintained  in  practice :  Athenian  citizens  stood 
in  no  fear  of  it  (Lys.  c.  Agorat,  §  27).  Even  in 
the  worst  times  of  panic  or  exasperation,  as  in 
the  case  of  the  mutilated  Hermae,  the  power 
to  override  the  law  by  a  special  psephisma, 
though  often  demanded,  was  never  really  acted 
upon  (see  the  narrative  in  Grote,  ch.  53,  and 
especially  the  note  at  v.  175 ;  other  instances  in 
fDem.]  de  Synt,  p.  170,  §  114,  Plut.  Phoc.  35). 
The  best  authorities  are  agreed  that  we  have  no 
example  of  the  torture  of  an  Athenian  cttixen 
(Thalheim,  Bochtaalterth,  p.  29,  n.  2 ;  Lipsius, 
Ait,  FroceUy  p.  896,  n.  372).  Free  aliens, 
whether  ^4roi  or  fiiroucot,  stood  in  general  upon 
the  same  footing;  the  masters  of  emancipated 
slaves  (jkw9\t6$€pot)  retained  the  right  of  giving 
them  up  for  torture,  but  Demosthenes  expressly 
says  that  it  would  be  impious  to  do  so  (oM*  Ztriop 
wttp€tBovr€Uy  cAphob.  iiL  p.  856,  §  39,  cf.  a,  Thnoth. 
p.  1200,  §  55),  though  non-compliance  with  an 
opponent's  challenge  might  prejudice  the  jury 
against  one's  case.  Some  apparent  exceptions 
are  discussed  by  Boeckh  (P.  JB.  p.  185  =  Sthh.* 
1. 227  f.) :  the  torture  of  a  free  man  at  Mytilene, 
who  held  out  when  a  slave  confessed  (Antiph. 
de  coed.  Her,  $§  29,  49,  cf.  Mahafi^,  p.  241X  may 
have  been  under  Lesbian  and  not  Attic  law,  or 
the  Athenians  may^have  been  less  scrupulous 
when  their  subject-allies  were  concerned:  the 
case  in  Lysias  (c.  Simon,  $  33)  is  of  a  Plataean 
youth,  who,  as  such,  was  not  necessarily  an 
Athenian  citizen,  and  who  after  all  was  not  put 
to  the  torture :  the  orator  only  argues  that  he 
might  have  been.  Even  under  the  Thirty  it  is 
admitted  by  their  bitterest  enemy  that  there 
was  no  torture  of  citizens,  though  the  aliens 
who  were  the  chief  victims  of  murder  and  con- 
fiscation did  not  escape  it  (Lys.  c,  Agorat,  §§  54, 
59,  61).  But  under  regular  governments  free- 
men, not  being  citixens,  were  sometimes  tortured 
at  moments  of  panic,  e,g,  the  barber  who  first 
spread  the  news  of  the  Sicilian  disaster  (Plut. 
Nidaiy  80);  Antiphon,  an  Athenian  who  had 
lost  his  rights  (&vo^^ur0f(t,  apparently  by  a 
dio^^^urif,  Dem.  de  Cor,  p.  271,  §  133X  and 
who  was  accused  of  a  plot  to  burn  the  dockyard 
in  Philip's  interest.  In  this  case  Boeckh  Q,  c.) 
thinks  that  the  torture  was  in  aggravation  of 
the  punishment ;  the  words  arpefik^arrts 
&rcirrs(yars,  however,  do  not  mean  "put  to 
death  by  torture,"  but  ''put  to  death  after 
torture : "  arptfikStt,  akin  to  orpi^  is  always 
used  of  torture  employed  to  wring  out  con- 
fession, not  of  vindictive  cruelty,  for  which  the 
word  is  olidCttr^ai,  So  of  the  female  prisoner, 
who  was  probably  not  a  free  woman,  in  Antiphon 
(de  Venef,  §  20) ;  the  words  ry  yip  9fiiAoicolw^ 
rpox^^niff^  irapt969fi  do  not  imply  that  she 
was  racked  to  death,  as  hi/UKotwos  is  applied 

3  I  2 


852 


TORMENTUM 


to  a  torturer  as  well  as  an  executioner.  These 
remarks,  it  may  be  repeated,  apply  only  to 
the  free  ages  of  Greece:  the  record  of  later 
times  in  Polybins  and  Diodorus  is  natarally 
Tery  different^  and  after  two  centuries  of  de- 
generacy we  need  not  be  surprised  at  the 
sUtement  of  Cicero  {Fart.  Orat,  34,  §  118,  de 
instUutis  Atheniensivm,  Bhodiorwn  .  . .  apud  quos 
iiberi  civesque  torquentur). 

It  was  in  taking  the  evidence  of  slares,  whose 
willing  testimony  was  not  accepted,  that  the 
torture  was  most  commonly  employed :  for  the 
rule  which  prevailed  on  this  subject  see  Mar- 
TTRIA,  p.  128  6,  129a;  Servus,  p.  6586.  The 
argument  often  recurs  in  the  orators,  that  evi- 
dence  thus  extorted  was  of  more  value  than  that 
of  freemen :  this  was  partly,  no  doubt,  owing 
to  the  low  standard  of  veracity  among  the  Greeks, 
but  much  of  it  is  mere  rhetorical  artifice ;  it  is 
to  persuade  the  jury  that  the  other  side  refuse 
to  tender  their  slaves  for  examination,  not  from 
humanity,  but  from  the  consciousness  of  a  bad 
case ;  and  we  always  find  it  employed  when 
the  demand  to  give  them  up  has  been  refused 
(Antiph.  TetrcU.  i.  2,  §7,  cEe  Choreut  §25  ;  Isae. 
Or,  8  [Ciron.],  §  12 ;— Dem.  c.  Aphob,  iii.  p.  848, 
§  13 ;  c.  Onet.  i.  p.  874,  §  37 ; — Lycurg.  c.  Leocr. 
§§  29,  30).  There  is  good  reason  to  think,  as 
has  been  seen  under  Servus,  that  the  contem- 
poraries  of  Demosthenes  were  more  humane  in 
this  respect  than  those  of  Antiphon.  Either 
party  might  ofier  his  own  slave  to  be  examined 
by  torture,  or  demand  that  of  his  adversary, 
and  the  offer  or  demand  was  equally  called 
irp6ic\riffts  us  ^aauop.  This  ir^icXi}<rif  was 
usually  in  writing,  and  specified  the  particular 
allegations  to  be  substantiated,  the  **  terms  of 
the  torture "  (iratf*  8  ri  Itrrcu  ri  fidaayos,  Dem. 
c.  Steph.  i.  p.  1120,  §61 ;  cf.  c.  Pantaen.  p.  978, 
§  40).  We  do  not  think  that  these  words  mean 
**what  kind  of  torture  was  to  be  inflicted  :**  it 
appears  both  from  the  orators  and  the  gram- 
marians that  only  one  mode  of  torture  was  in 
general  use  in  the  Attic  courts,  the  rack  (rpox^t : 
Tpoxi(*iy :  iLva0i0d(tt¥  M  rhy  rp6xoy :  cf. 
&2ULEUS).  There  seem  to  have  been  excep- 
tions :  a  comic  passage  of  course  proves  nothing 
(Aristoph.  Ban,  618  ff.),  but  cf.  Antiph.  de  Cho- 
reut, §  23,  fiaffayi(«w  rp6irtfi  Ihrol^  fio^Koiro: 
Isocr.  Trapez.  §  15,  /uurriyovy  rhy  MoOdyra 
Koi  (rrptfi\ovy.  The  suitor  who  put  an  oppo- 
nent's slave  to  tlie  torture  was  liable  for  damages 
for  any  loss  of  time  or  bodily  hurt  resulting  from 
it  (Dem.  c.  Pantaen.  1.  c. ;  Aristoph.  Ban.  624) ; 
a  proviso  which  must  have  gone  some  way  to 
check  the  excesses  of  cruelty.  The  state-torturer, 
a  slave,  was  called  5^/uios  or  Brifi6Koiyos  (Poll. 
/.  c. ;  cf.  Thalheim,  Bechisalterth.  p.  124,  n.  8)  ; 
the  parties  might  themselves  agree  to  act  as 
fiaffaytirraly  or  choose  certain  persons  for  this 
purpose  (Antiph.  de  Venef.  §  10  ;  Dem.  c.  Pantaen, 
p.  978,  §§  40,  42) ;  but  we  find  an  agreement 
repudiated  when  private  fiaffayiffrat  had  pre- 
sented themselves  instead  of  9rifi6Koiyoi :  the 
former  could  not  venture  to  carry  out  the  tor- 
ture on  their  own  responsibility,  and  the  plain- 
tiff's case  broke  down  (Isocr.  Trapez,  §  15). 
The  torture  was  usually  administered  in  private: 
instances  occur  of  its  infliction  in  open  court 
(Aeschin.  de  F,  L.  §  126 ;  [Dem.]  c  Everg.  et 
Mnes.  p.  1144,  §  17),  but  these  are  exceptional 
(fiwra.yl(*iy  oIk   (ariy   iytunioy   ifiuy,  Dem.  c. 


TOBMEKTUM 

Steph.  i.  p.  1106,  §  16).  The  general  .practice 
was  to  read  at  the  trial  the  depodtioni  of  the 
slaves,  which  were  called  ^imratfoi  (HTpeii<^  ap, 
Harpocrat.,  Suid.  s.  o. ;  Dem.  c  Nioottr.  p.  12M^ 
§  24),  and  to  confirm  them  by  the  evidence  of 
those  who  had  been  present  at  the  torture. 
{Ait,  Process^  pp.  889--897,  Lipains;  Beckcr- 
G511,  Charikke,  p.  37  fi*. ;  Mahafiy,  Social  Life  •» 
Greece,  ed.  3,  pp.  240-243.) 

2.  Roman.  During  the  time  of  the  Republic, 
freemen  were  never  put  to  the  torture,  at  least 
by  lawful  authority;  the  crueltiea  inflicted  on 
two  military  tribunes  by  Pleminins  at  Locri 
were  the  acta  of  a  madman  (Liv.  xxiz.  9).  The 
rule  as  to  slaves'  evidence  was  the  same  at  Rome 
as  in  Greece;  their  voluntary  statements  were 
not  received  except  under  special  drcomstances, 
as  when  they  gave  information  of  conspiracies 
against  the  state ;  they  were  tortured  to  make 
them  confess  what  it  was  sought  to  prove. 
Slaves,  however,  could  not  be  tortured  to  prove 
the  guilt  of  their  own  master,  except  in  the  case 
of  incestus,  which  was  a  crime  against  the  gods, 
or  unless  the  senate  made  a  special  exception, 
as  was  done  in  the  Catilinarian  cons|Mracy  (Cic 
proMxl.  22,  §59;  pro  Deiot.  1,§3;  ParUt,  OraL 
34,  §  118).  Under  Augustus  the  law  was  so  £sr 
modified  that,  when  the  emperor  suspected  con- 
spiracy against  his  government,  he  could  demand 
the  compulsory  sale  of  slaves  to  the  atate  or  to 
himself,  in  order  that  they  might  be  tortured  ; 
this  did  not  pass  without  a  protest  (Dio  Cass. 
Iv.  5  ;  Tac.  Ann.  ii.  30,  iii.  67).  The  suspidooj 
tyrants  who  immediately  followed  Augustus 
extended  the  law  of  majestas  to  the  torture  of 
free  persons  [Majestab]  ;  and  we  read  of  cases 
in  which  senators  and  equites  were  exposed  to  it 
(Suet.  Tib.  58,  Cai.  27  fl.).  Claudius  began  his 
reign  by  abolishing  the  law  of  majestas,  and  is 
said  never  to  have  punished  any  one  under  it 
(Dio  Cass.  Ix.  3) ;  but  his  wives  and  frecdmeo 
abused  his  authority,  and  the  practice  was  re- 
vived (Id.  lb,  15).  It  remained  the  general  law 
of  imperial  times  that  only  freemen  of  low  degree 
{hitmiiiores)  could  be  tortured  in  prosecutions  for 
majestas:  slaves  might  be  compelled  to  bear 
witness  against  their  masters  in  cases  of  majestas 
(Cod.  9,  8,  6,  7)  and  adultery  (Dig.  48»  18,  17  ; 
Cod.  9,  9,  §§  3, 6, 32).  Ammianus  takes,  perhaps, 
a  malicious  pleasure  in  recording  the  cruelties 
inflicted  upon  free  citizens  by  the  Christian 
emperors  Constantius,  Valentinian,  and  Valena 
(Aram.  Marc.  xiv.  5,  xv.  3,  xvi.  8,  zyiiL  3,  xix.  12, 
xxi.  16,  xxvi.  10,  xxviii.  1,  xzix.  1,2). 

As  to  the  modes  of  torture,  see  EcDUsrs, 
FiDicULA,  and  FLAGELLuai,  in  Vol.  1.  Cicero 
mentions  some  atrocious  cases:  **ignes  can- 
dentesque  laminae  ceterique  cruciatns  admove- 
bantur  "  (in  Verr,  v.  63,  §  163 :  cf.  pn>  CTven^. 
63,  §  177 ;  66,  §  187) ;  but  in  general  we  get 
few  details.  The  hooks  {tmd)  with  which  the 
bodies  of  criminals  were  dragged  after  execution 
(Juv.  X.  66,  with  Mayor's  note)  were  likewise  em- 
ployed to  lacerate  the  living  (Amm.  Marc  aar.  5  ; 
sukatis  laUribuSy  Id.  xxvi.  10).  The  torturers, 
{tortore9^  carmfices)  were  probably  public  alaves 
(Carxifex;  cf.  Mommsen,  Staatar.  i.'  313). 
On  the  torture  of  slaves  by  their  masters,  see 
Marquardt,  PricaiL  180;  on  the  whole  subject. 
Dig.  48,  18,  'de  QitaestkmSms ;  Walter,  Gt9ch. 
dee  rdmischen  BechiSy  ed.  1,  p.  875  ff. ;  Rein, 
Crwrnna/iwAf,  p.  542.  [W.  S.]    [W,  W.] 


TOBMENTUM 

TOBUBNTtm  wu  *  giiunl  iMm«  for 
•rtilleTj'  amoDg  the  tncienti. 

I.  DESCBimvE.— The  two  main  cluut  of 
tormeotm  are  thoH  which  diMchirgcd  their 
tuluils  <1)  hDriionttdlj  itbUrora),  or  pncti- 
callf  »;  (2)  kC  %a  angle  (iroAfrrvn)  with  the 
ground,  Bnt  thete  sra  technical  t»nnii.  The 
ordinarj  nainu  of  the  eneines,  both  in  anthon 
([Kod.  itL  T4)  anil  in  inKriptioni  (C  /.  A. 
ii.  '^50;  471,  46;  733  B),  were  iluBt\»ii  and 
AjtoMAst.  The  former  ihot  arrowi,  hano*  thtiT 
name  itvfitf^'t,  ac  iwraviiXTOLi  (not  KOrawi^Tai: 
c(.  C.  I.  a.  3360,  25),  and  w«n  called  /atapaltat 
br  the  Romani:  the  latter  diacbarged  itonei 
(wtTpcfiiXii,  Ai^oMXnO,  ^nd  "ore  called  in  Latin 
ballulat.  Th<  arrow  discharged  rromcatapaitsia 
■omeUmuutledcotajm^fa  (Plant.  Pen.  i.  1,28; 
NoniuB,  p.  552);  and  the  atone  diachargad  from 
bailitlae  called  ballMa  (Plant.  TH'n.  iii.  2,  43). 
The  termi  calapvllat  and  iailutae  wer«  probablf 
obtained  from  the  Sicilians;  and  thtj  are  used 
Iij  hiatariana  a*  the  two  chief  clasaes  of  enginea 
(Tac  Atut.  lii.  56 ;  Gell.  vii.  3).  It  must,  how- 
arer,  be  remembered  that  calap^Ula  waa  also 
used  as  a  generic  term  embracing  both  claaaes 
<Cae».  Bea.  Cie.  ii.  S,  3  :  App.  BtU.  Mithr.  34  ; 
jjidon.  ApolL  Corn.  23,  123). 

The  itractnre  of  both  the  engine*  la  in  the 
main  prindplea  the  same  :  both,  M  the  name 
tormentva  pointa  out,  deriring  their  force  from 
toialon,  not  from  the  elaslicitf  of  a  bent  bodT- 
like  a  bow.  We  ihall  tint  nttempt  to  describe 
s  Mirmm  or  (xdapvlta  (in  the  nimw  sense), 
and  afterwards  set  forth  the  pointa  of  diSereoce 
between  it  and  a  ni\Irr«r«v.  The  two  chief 
ancient  anthoiitiea  who  supply  materials  are 
Heron's  BsAoirailiril,  and  Philon's  fourth  book 
nififiiijnmlKir.  Both  writers  floarishad  about 
S50  B.O.  aeeonliug  to  Riistow  and  Kttchlf ;  ibont 
lOO  B.C.  according  to  Orsui  (A«ii.  dt  PMot., 
N.  S.  iiL  92). 

1.  Ca$apuUit,  also  apparently  called  itxiqiio  in 
Cae*.  B.  a.  Tii.  35,  2  ;  £tll.  Afr.  2»,  4 ;  Vitrnv. 
X.  10,  15;  Sail.  ap.  Sou.  p.  553:  cf.  Heron, 
§  3.  This  engine  consi>t*d  of  three  p*Tt^  which 
we  may  call  the  Frame  {rXirtlmr,  capilulum.), 
the  Pipe  (ff<p<r{),  and  the  Support  (Biaii). 
Seeng.1. 

(a)  The  Ihmia  consisted  of  two  strong  hori- 
eontal  beama,  a,  b,  into  which  four  other  verticat 
bcama  were  mortici 
r,  /  (called  /nvairriTiu,  mediaaae). 
a,  b,  were  called  rtptTpirra,  para/Uli,  perilreti, 
becaose  into  the  top  and  bottom  of  those  beams 
in  the  centre)  of  the  two  outside  compartments, 
/I.  wera  bored  circular  holea  (rpiiiATo,  foramina}, 
into  which  were  piiicsd  the  stringa  (tofbi, /wnei) 
which  gave  the  fore*  which  projected  the  misaile. 
These  strings  seem  to  be  called  vinda  in  Tac 
ffitt.  lii.  23.  The  diiimeter  of  these  holes  was 
I  of  the  length  of  the  arrow,  and  formed  the 
■tandanl  measurement  according  to  which  all 
the  other  parts  of  the  engine  were  proportioned. 
Into  these  holea  were  placed  nutt,  h  (r^Aqvet), 
sometimes  wooden,  sometiiDea  of  metal,  which 
were  circnlar  at  the  bottom  so  sa  to  fit  into  the 
holes,  rectangular  in  the  middle  m,  and  again 
circnlar  at  the  top,  of  the  same  diameter  as 
the  ataodard.  The  nuts  were  r^tangular  In 
the  middle  partly  to  preTent  them  slipping 
down  through  the  holes,  partly  that  when 
required  the^  could    be   turned    ronnd   by  a 


iTOBMBKTUM  )  8o3 

wrench,  and  so  the  atringi  tightened ;  hence 
this  rectangalar  part  got  the  pamt  of  ffiB^t, 
from  its  friction  against  the  frame.    Across  the 


middle  of  the  top  of  the  nnt  ran  an  iron  bar,  it 

(^ifiryft,  aineoliu  ftrrttu),   round    which  the 

string*    of    the    engine   were    stretched.      The 

*  igs  were  generally  prepared  from  the  ainews 

niinala,  and  hence  these  enginee  are  called 

.irowit  (C.  /.  A.  733  B),  though  aomelimes 

.    hear    of    women's   hair   being    used    (App. 

Ptm.  93 ;  Hero.  §§  26  ff. ;  Philo,  J  12). 

The  inatrumeot  (Pig.  2)  uicd  for  stretching 

e  atring)  was  called  irtiyioy,  and  cotuiated  of 

large  wooden  frame  with  a  windlass  (orlffKOt, 

ttKula)  at  each  end,  two  beams  d  d  aa  atrongth- 


irs,  and  a  centre  compartment  joit  the  iiie  of 
the  frame  of  the  cstapult.  Into  this  centre  com- 
partment the  frame,  duly  provided  with  its  nuts, 
waa  fixed  and  firmly  wedged,  ****.  The  end  of 
the  string  was  fastened  to  one  of  the  iron  bars 
of  the  nut  at  n  (Fig.  1),  drawn  through  the 
nnt  and  fattened  round  one  of  the  wind- 
laaaes  (suppose  fc).  This  string  was  then 
stretched  till  it  becsme  )  of  its  original  diameter, 
and  fastened  by  a  clamp  (wtpiarn^i)  to  the  bar 
oppoute  to  the  one  to  which  it  had  bwn  ori- 
ginally filed.  Then  it  wu  loosed  from  the 
windlass,  drawn  round  the  bar  through  the 
oppoeile  nnt,  and  again  strained  by  the  wind- 
lass c,  fastened  by  another  cramp,  and  so  on 
passing  from  windlass  to  windlaaa  till  the  whole 
availahle  hollow  portion  of  the  nuta  wu  filled 
with  lejers  (tifiai)  of  the  atring.  The  number 
of  layers  waa  generally  about  10.  When  that 
waa  completed,  the  end  of  the  string  was  fas- 
tened by  a  very  strong  clamp.     VttruTins  saya 


854 


TOEMENTUM 


that  each  Btring  should  be  stretched  till  it  gave 
the  same  note  (x.  18  (12),  2 ;  cf.  L  1,  8.  Com- 
pare Hero,  §  28 ;  Philo,  §  17). 

Through  these  masses  of  string  from  the  side 
turned  towards  the  enemj  the  thinner  ends  of 
two  long  pieces  A^  A  (Fig.  1)  of  non-elastic 
wood,  which  formed  the  arms  (&7icctfvcs)  of  the 
bow,  were  thrust,  so  that  when  the  engine  was 
not  being  worked  the  thicker  ends  (irr4pya) 
rested  on  the  outer  side  of  the  iKWOfrr^ax 
against  an  iron-plated  knob  (dir<firrcp9ts).  On 
the  other  side  of  the  frame,  the  arms  rested 
about  at  their  centre  or  two-thirds  of  the  way 
from  the  point  7,  against  a  curve  q  (jcoiKtiy  CW" 
vatura)  in  the  wapatrrdreUf  which  latter  had  a 
bulge  on  the  outer  side,  so  that  thej  should  not 
be  wanting  in  strength.  To  the  ends  of  the 
arms  7  7  was  fixed  a  very  strong  string  (ro|rrif), 
called  apparently  Ubramentum  in  Tac.  ffist. 
iii.  23,  which  was  the  string  by  which  the 
arrow  was  shot  (Hero,  §  30). 

(6)  ^ow  we  come  to  the  Pipe,  which  projected 
backwards  from  the  centre  compartment  of  the 
frame.  It  consisted  of  two  parts :  (1)  the  pipe 
proper  (ff^iy^  in  the  narrow  sense,  canaliculus) 
and  (2)  what  we  may  call  the  projector 
(9i^<rrpa).  The  pipe  proper  was  a  long  narrow 
trough-like  construction  of  wood,  open  at  the 
end  towards  the  enemy.  At  its  other  end 
it  had  a  windlass  for  stretching  the  string, 
worked  by  hand-spikes  {anandxai).  Running  in 
the  pipe,  which  was  doTetailed  for  about  two* 
thirds  of  its  length,  and  fitting  into  this  dove- 
tail, was  another  smaller  trough-like  construction 
called  the  projector  (iu^orpa),  into  which  the 
arrow  was  placed.  The  trough  in  the  case  of 
this  iuioTpa  was  concave,  and  not  angular.    At 


Fig.  3.  Plan  and  section  of  the  **  Pipe." 

the  end  of  the  BiAarpa  was  a  hook  (x*ipi  <7»- 
ioxis),  of  which  a  horizontal  and  a  vertical 
section  are  given  herewith  (Fig.  3).  It 
moved  on  an  axle  (A  A)  working  through  a  spe- 
cially inserted  frame,  0  0  (<rr4ifMra).  The  hook, 
axle,  and  frame  taken  together  appear  to  have 
been  called  x^^^^^*  ^^^  ^ook  consisted  of 
two  horizontal  prongs  with  vertical  ends ;  and  a 
hindmost  part  (v)  very  much  heavier  than  the 
fore  part ;  so  much  so  that,  in  order  to  keep  the 
fore  part  down,  the  hinder  part  had  to  be  prized 
up  and  supported  by  a  handle,  ^  (<rxa<pn|p(a, 
manuda)^  which  revolved  horizontally  on  a 
vertical  axis,  ir  (called  mp6tnii).  On  the  hinder 
part  of  the  projector  was  a  ring,  {,  through 
which  ode  end  of  a  strong  cord  (jhr\op,  irctra- 
yttyls)  was  fastened,  the  other  end  being  fixed 
to  a  windlass.  (Hero,  §§  5  ff.:  cf.  Philo, 
§§  52  ff.) 

Now,  when  the  engine  was  to  be  used,  the 
projector  was  pushed  forwards  till  the  hook, 


TOBHEKTUH 

prized  up  by  the  handle  {irx^nrnfoU^  oould 
catch  the  projecting  string  (roprtiy.  Besting 
against  this  string,  and  in  the  trougli  of  the 
projector,  was  pla^  the  arrow.  The  projector 
was  then  along  with  the  string  drawn  back  by 
means  of  the  KarteytayU  and  the  windlasses  as 
far  as  was  required,  and  the  windlass  made  fast 
so  that  the  projector  could  not  mov«.  A.  Mniler 
in  Baumeister's  DenhnSier,  p.  M7,  and  Droysen^ 
Chr,  Kriegsalt  p.  196,  suppose  that  the  pipe  had 
a  series  of  teeth,  so  that  the  projector  could  be 
fixed  at  any  given  point,  as  we  shall  see  was  the 
case  in  the  yvMrpotpdrris  (see  below,  §  3).  Thia 
u  probable  enough  b  priori^  but  we  do  not  know 
the  evidence  for  their  opinion,  and  there  was 
not  the  same  necessity  for  the  teeth  in  the 
larger  engines  as  there  was  in  the  hand-ctrung 
yaorpaip^nis.  When  all  was  now  ready  for 
the  shot,  the  handle  was  pushed  violently  from 
under  the  heavy  side  of  the  hook,  which  must 
have  been  venr  heavy  indeed,  for  it  appears 
that  this  side  fell  down  by  its  own  weight,  asid 
so  released  the  striag,  which  shot  fbrvraxd  the 
arrow  with  great  velocity.  This  appears  to  be 
what  Hero  (|  6)  means  by  <«they  let  the  hook 
loose  by  tearing  away  the  handle  "  (ibW^x^f"*' 
riiy  X^^fi^  (nrapa|arrcs  r^y  vxaffr^pw)  ;  other- 
wise we  should  suppose  that  the  use  of  the 
handle  was  only  to  prevent  accidental  discharge 
while  the  string  was  being  drawn  back,  and 
that,  after  it  was  loosed,  as  a  general  mle  a 
blow  of  a  hammer  on  the  hinder  part  of  the 
hook  or  something  of  the  kind  woukl  have  been 
necessary  to  release  the  string. 

(c)  The  Bate  of  the  caUpult,  which  is  de- 
scribed  by  Riistow  and  KOchly,  and  of  which 
they  give  their  principal  illustration  (op.  dt, 
fig.  106),  consisted  of  two  supports.    Ssch  were 
required  only  in  the  case  of  very  heavy  attgiacs,. 
and  were  not  much  used,  among  other  reasooa 
because  the  limits  of  elevation  withia  which 
they   could  be  diK^arged  were  very  dream- 
scribed ;  thev  were  confined  to  that  allowed  by 
the  height  of  a  pin  which  fixed  the  frame  to  the 
foremost  support,  and  this  would  not  allow  a 
change  of  elevation  of  more  than  a  lew  degrees. 
The  ordinary  catapult  and  that  principally  de- 
scribed by  the  ancients  had  only  one  support,  as- 
in  the  subjoined  illustration,  taken  f^m  Bau- 
meister,  of  a  catapult  built  according  t«  the 
ancient  authorities  by  the  BekMerffer  FhUo" 
hgen-Vertamtnttma,     The  base  consisted   of  a 
beam,  q  {hpBovrinit,  oolwneUd^  supported  on 
four  feet  s,  by  four  stays,  r.    In  the  top  o? 
this  beam  was  a  long  circular  pivot,  a,  wnic& 
passed  through  two  horizontal  sides  of  a  woodeis 
frame,  #,  whose  vertical  sides  projected  consider- 
ably beyond  its  upper  horizontal  aide.    Through 
the  vertical  sides  above  the  horizontal  sides  and 
parallel  with  them  ran  a  round  iron  bar  oz^ 
which  the  pipe  rested;  and  while  the  whole 
upper  part  of  the  engine  could  nvolva  hori- 
zontally on  the  pivot  a,  it  could  be  lowtrad  awl 
elevated  vertically  by  revolving  on  this  bar.    A( 
the  end  of  the  pipe  was  a  stay,  v  (^paiiisrugrfaX, 
which  could  move  up  and  down  on  tlie  sapport 
ie  (&rrc/>«8/s),  which  latter  was  attached  by  a 
ring  to  the    main    beam,  q.     The  limits    of 
change  of  elevation  of  audi  an  engine  must 
have  been  at  all  events  8°. 

The  length  of  the  arrow  gave  the  teehaical 
name  to  the  size  of  the  enghM :  m  that 


TORHENTOH 

poltj  vera  clu*al  w  tbne-apui  (TpurrfS^iot), 
two-cU  (Ninix<")  =  foDr-ipkD,  livc-ipan  (*irr>- 
vrltatiat),  tiiit^e]]  (tp1tiix")="'  ■P'li  thai 
is,  27  inch,  36,  45,  54.  Thl>  gave  tha  diuoeUr 
of  th«  ryiiutra  in  the  tniat  »  abcmt  3,  4,  5, 


6  iDchM.  Let  ni  call  tbjt  diamettr  x ;  then  ire 
can  fix  the  rut  of  the  mtuuremeDta  or  tha 
machine,  e.o.  height  of  the  frama  5'5  i,  drpth 
2  to  1-5  I,  breadth  li'5  i,  length  of  pipe  16  i,  of 
irfxihut  T  x  each,  thickneH  of  each  of  the 
MHpB  I  to  I  x;  miaimnm  breadth  for  working 
18  z,  height  18  1,  depth  30  x.  The  weight  of  a 
i|M>i<tiijirii  wai  about  B5  Ibi.,  and  iti  arrow 
about  i  lb.,  and  it  required  two  or  three  men  to 
wotk  it ;  tiie  weight  of  a  rptrqx*'  *"  about 
H  cwt.,  iti  arrow  ortr  4  Ibi.,  and  it  required 
GTe  men  to  work  it.  The  three-apan  catapolt 
of  Agttiftratiu  ihot  3}  itadis  =  2210  feet 
(Athen.  dt  MtcK.  p.  8  Weicher),  but  that  waj 
couidered  aomething  terj  mairelloui.  At 
1000  feet  an  arrow  from  a  three-ipan  catapult 
vonld  be  driTen  2  inchea  into  a  board  (Biiatow 
and  ESchlj,  Krieguch-iftH.  \.  p.  330,  note  m)  : 
aa  thai,  on  the  whole,  we  maj  take  the  ordiuarj 
cffectlTe  range  at  about  1200  feet,  the  oclaal 
diatouce  the  arrow  would  reach  being  aome- 
what  orer  thla  (*.  328,  note  h).  The  price  of 
'  a  two-ell  catapult  they  eatimate  at  about  4B0 
drachmae,  about  £20,  reckoning  the  drachma  aa 

3.  Tht  Balliita  (vaxf rTorov) :  cf.  geuerallj 
Hero,  {  32;  Philo,  S  6.-The  principle  of  thia 
engine  wai  precleel;  the  ume  a*  that  of  the 
catapult,  the  only  eaaential  difltreacea  being  (1) 
that  the  hinder  part  of  the  pipe  reated  on  the 
(louad  to  which  the  pipe  iltelf  waa  inclined  at 
an  oogle  of  45°;  (2)  that  the  wooden  anna 
(tfioant)  in  the  poailion  of  rot  were  not  parallel 
with  the  ground  aa  in  the  cute  of  the  mtiriaia, 
but  inclined  at  an  angle  of  30°,  hence  the  term 
woAlnovoi'  ("atmng  at  an  angle  ").  Tlia  frame 
con^ited  of  two  amalier  frame*  (InrJria,  4fU- 
rina),  AAtaABB,  each  of  which  held  one  of 
the  act*  of  atringa ;  thete  framei  were  bound 
together  by  two  atronE  beama  (sw^r),  aa 
BDd  bb:    Indeed  the  whole  engine  waa  much 


TOBUENTUH  855 

larger  and  in  all  it*  parts  atronger  than  the 
catapulta.  It  waa  uaed  to  diachorge  beama  or 
atonee  ;  accordiaglf  it  ii.the  aeight  of  the  atone 
which  girea  the  dinmetei  of  the  r^iiura  in  thia 
caae.  Along  the  pipe,  C  C,  which  bad  no  con- 
tinuooa  bottom,  bnt  hod  ila  aides  (g's/Aq),  cd, 
bound  together  by  peg*  (lunH^/urra),  eituiding 
longwise  were  narrow  hara  of  wood  (rrifiiyia), 
which  formed  the  support  for  the  tlavrpB  to 
run  on.    Chiefly,  u  it  aeemt,  on  account  of  the 


F^.t-BalUeU.    (A.  MfiUer,  taBaamcMar.) 

ladder-like  appearance  the  tiaw^y/urra  preaeuted, 
the  pipe  in  this  engine  was  called  aAi/uult. 
The  itring  (TofiTii)  eitending  from  the  end*  of 
the  i7ini'ti  was  twiated  like  a  rope,  and  had  at 
its  centre  a  ring  (not  repreaented  in  the  plate) 
which  was  caught  by  the  x''p' 

It  would  be  tadioos  to  give  in  detail  all  the 
rarious  meaaarement*  of  the  parta  of  a  ballista  : 
suffice  to  aaj,  that  the  diameter  i  of  the  rf^ 
lion  in  dactyla  (1  dactyl  =:  aboat  |  inch)  wa* 
estimated  by  Uie  formula  i  =  ^  ^  log  « 
where  w  i>  the  weight  of  the  miaaile  in  minae 
(I  mina  =  about  I^lb.);  that  the  length  of  the 
arma  waa  6  i  each,  of  the  TofTni  ISS  i,  of  the 
■Affuif  16  I ;  and  that  the  space  required  for 
the  engine  wa*  at  leoat  20  i  in  depth,  13  i  in 
breadth,  and  IT  x  in  height.  The  aiie  of  tha 
engine  Tailed  aucording  a*  the  miasile  wa*  10, 
15,20,30,50,60  minoe:  the  latter  (=  1  talent) 
was'  the  hesTieit  missile  that  wa*  ordinarily 
used :  engine*  larger  than  thii,  aa  that  of  D*me> 
triua  (Diod.  ii.  4B)  or  of  Archimedei  (Athen. 
Btipnoi.  208  c),  which  threw  three  talents,  were 
quite  exceptions  and  of  little  practical  nae.  The 
afcrage  range  waa  probably  about  400  yard* 
or  a  little  more,  bnt  a  large  SO  mlnoe  halliata 
appears  to  haTa  been  barely  able  to  throw  920 
yards  (Drojsen,  up.  at.  p.  204).  The  price  of 
a  10  minae  balliaU  BUstow  and  KSchly  reckon 
at  4000  drachmas  =:  £160.  That  the  ballialae 
cannot  have  been  mneh  used  in  the  Geld  may  be 

appear 


856 


TOBMENTUM 


TOBMENTIJM 


catapults.  At  New  Carthage  we  read  that 
Scipio  had  120  large  catapults  and  23  large 
baltiatae  (L\v.  xxtu  47,  5) — numben  which  pro- 
bably in  themselyes  are  very  much  exaggerated : 
at  Jerusalem  the  Jews  had  300  catapults  and  40 
ballistae  (B.J,  v.  9,  2).  Examples  of  the  work- 
ing of  ballistae  are  given  in  BeU,  Hisp.  13,  8, 
and  Joseph.  B.  J.  iii.  7,  23 ;  it  appears  that 
verj  considerable  precbion  of  aim  could  be  ac- 
quired by  the  soorpiones  (BeU.  Afr.  29,  4;  Caes. 
B.  a,  rii.  25,  2), 

Philo  (§§  17  ff.)  mentions  a  great  many  points 
in  which  these  tormenta  were  difficult  to  work 
and  liable  to  break  down.    The  frame  was  often 
broken  in  stretching  the  strings, — itself  no  easy 
task,  taking  considerably  over  an  hour,  and 
requiring  the  irrSwiop,  which  was  not  always  at 
hand:  the  bars  round  which  the  strings  were 
fastened  used  to  cut  the  strings  :  the  tension  of 
the  strings  used  to  get  loosened  and  could  only 
be  conveniently  tightened  by  screwing  the  nuts 
round  horizontally  with  a  wrench — a  very  tem- 
porary help,  as  the  elasticity  of  the  strings  soon 
got  exhausted  thereby;  and  so  on.     Philo  in- 
vented a  means  of  tightening  the  strings  by  a 
frame  which  could  Im  narrowed  by  means  of 
wedffes ;  but  it  does  not  appear  to  have  been 
much  used.      Ctesibius  (Phil.  §  14)  replaced  the 
strings  by  metal  wires  (xaAir^rroroy) ;  and  also 
we  are  told  that  as  one  of  his  improvements  he 
used  compressed  air  (jkMp&ropof),  but  there  is  no 
clear  account  of  the  exact  nature  of  this  latter 
device.    The  description  of  the  so-called  baUiaia 
in  Amm.  Marc,  xxiii.  4,  1,  if  it  can  be  explained 
at  all  and  is  not  pure  '*  bombastische  Confusion," 
as  Riijitow  and   Kttchly  (Kriegaschriftstellery  i. 
414)  call  it,  is  certainly  not  of  such  a  nature  as 
to  lead  to  any  essential  alteration  of  the  descrip- 
tion given  above  from  such  capable  writers  as 
Hero  and  Philo. 

3.  The  yoffrpa^^Tfis  or  **  stomach-bow  "  (cf. 
Hero,  §§  3  ff. ;  Bito,  p.  61  Wescher)  derived 


Fig.  6.  rarrpa^tfnit.    (Bflatow  and  Kuchly.) 

its  name  because  it  had  to  be  pressed  against  the 
stomach  and  the  ground  or  a  wall,  when  it  was 
being  strung.  The  accompanying  cut  gives  ml 
idea  of  it.  It  was  not  strictly  a  tormentum, 
as  its  force  was  got  from  the  elasticity  of  a 
bow :  it  was  in  (act  a  cross-bow,  with  a  BUiarpa 
virtually  like  that  of  the  catapult.  The  novel 
feature  of  it  was  that  the  sides  of  the  tr^iy^ 
had  a  series  of  teeth,  into  which  two  little 
prongs  (iraraicXciScf)  on  each  side  fitted,  so  as 
to  hold  the  {(oMrrpa  at  just  the  point  required, 
and  to  do  so  with  as  little  loss  of  time  as  pos- 
sible. It  was  probably  the  same  as  the  arcu- 
hamtta  of  Vegetius  (ii.  15,  iv.  22).    Droysen 


(/.  c)  says  it  was  called  oK6fnttos,  The  so-called 
fiaXStrrpa  mentioned  by  Procopius  (Beil.  GatJL 
i.  21)  was  a  bow,  or  most  probably  from  the 
description  a  species  of  yuarpai^irjit  i  and 
similar  in  principle,  but  on  a  very  large 
scale  and  worked  by  windlasses,  was  the 
ballista  fvdminalis  of  the  treatise  De  re6tis 
hOluM,  8,  10,  atUched  to  the  Notitta  (cf.  Mar- 
quardt,  op.  dt  524,  note  2 ;  and  Rustow  and 
KOchly,  Kneg89ckHftsteiler^  p.  410).  The  •*  four- 
wheeled  boliisU"  (A.;  cf.  p.  418)  i«  said  to 
have  shot  its  arrows  *'not  by  strings  but  by 
rigid  bars"  (wni  funUms  $ed  radU).  This 
'<  riddle,"  as  Rustow  and  KOchly  call  it,  stUl 
awaits  solution. 

4.  The  onager  (cf.  Amm.  Marc  xxiii.  4, 4,  who 
calk  it  soorpio). — This  appears  to  have  been  a 
Roman  construction,  and  we  only  hear  of  it  in 
post-Constantinian  times.  It  may  be  described 
as  a  horizontal  one-armed  ballista,  which  shot 
small  stones.    The  name  is  said  to  have  been 


Fig.  7.  Onager.    (Marquanlt.) 

derived  from  the  fact  that  the  wild  aas  in  its 
flight  dashed  back  stones  with  its  hoofs  o&  its 
pursuers.  The  strings  which  supplied  the  force 
were  stretched  horizontally,  and  Uie  arm  (ikyic^) 
inserted  vertically  into  them.  When  the  engine 
was  used,  this  arm,  by  a  string  attached  to  a 
point  near  the  top,  was  pulled  down  by  a  wind- 
lass till  it  was  horizontal,  and  then  secured  by 
a  hook,  the  missiles  being  hung  in  a  bag  at  the 
extremitv.  Then  the  hook  was  struck  away 
with  a  hammer  and  the  missiles  discharged. 
The  arm  struck  against  a  bag  full  of  some  soft 
substance  attached  to  the  front  part  of  the 
machine,  reaching  about  }  of  the  way  up  the 
arm.  This  would  have  been  a  rather  hazd 
instrument  to  aim  with,  if  it  were  not  that  it 
threw  a  number  of  stones. 

II.  Historical.  —  Pliny  (H,  N.  vii.  {  56) 
attributes  the  invention  of  catapults  to  the 
Syrophoenlcians ;  but  there  is  no  conoboratioo 
of  this  statement.  The  passage  in  2  Chronicles 
xxvi.  14,  15,  where  it  is  said  that  Usziah  pre- 
pared **  slings  to  cast  stones,"  probably  dates 
from  not  earlier  than  the  fourth  century.  In 
the  Hellenic  world  iormenia  first  appear  in  the 
great  preparations  made  by  Dionysius  against 
Carthage  in  399  B.a  (Died.  xiv.  42,  43),  and  in 
the  next  year  they  were  used  in  the  siege  of 
Motye  (i&.  50).  It  was  from  Sicily  that  they 
came  into  Greece  proper  (Plut.  ApophtMeg.  219 
=ii.  191).  The  first  mention  of  them  there  is 
in  a  list  of  articles  contained  in  the  Chatoothfoe 
in  Athens  (C.  7.  A.  ii.  61, 37),  of  date  between  356 
and  348.  In  340  we  read  that  the  Perinthians 
borrowed  artillery  from  the  Byzantines  (Uod. 
zvi.  74),  and  the  siege  of  Byzantiom  in  the 
same  year  by  Philip  of  Maoedon  is  the  first 


T0BQUE8 

occasion  we  hear  of  the  use  of  artillery  in 
Greece  in  any  eztensire  form.  Athenaeus,  the 
writer  on  artillery  (p.  10,  WescherX  notices  the 
reign  of  Dionytius  in  Sicily  and  the  siege  of 
Bysantium  as  marking  epochs  in  the  use  of 
siege-engines,  Polyeidus  of  Thessaly  being  one 
of  the  most  celebrated  engineers  (cf.  Grote,  zi. 
262).  On  this  occasion  we  hear  only  of  icora- 
wiXrat  ^u/3cA.cii  (Diod.  /.  c.) ;  the  first  mention 
of  \i9ofi6\oi  appears  to  be  at  the  siege  of 
Halicamassus  by  Alexander  in  334  (Arrian,  i. 
22,2). 

During  the  period  of  the  EMadochi  artillery 
reached  its  highest  perfection  among  the  an« 
«ients.  The  engines  are  repeatedly  mentioned 
(Diod.  XTiii.  12,  51,  70,  71 ;— C.  /.  A.  ii.  807  6, 
129  ff. ;  808  cf,  53  ff.  ;~Polyb.  ir.  56,  3 ;  v.  88, 
7 ;  .99r  7) ;  and  artillery  practice  (icarayoAr- 
a^ffla)  became  a  regular  part  of  the  military 
training  of  the  ephebi  (CI  /.  G.  2360,  25).  The 
Romans  did  not  make  any  decided  improrement 
or  invention  in  military  engines  till  late  in  the 
Empire.  Caesar  was  quite  inferior  to  the  Massi- 
liotes  in  artillery  (^BelL  Civ.  ii.  2,  5),  and  after 
the  battle  of  Phanalia  had  to  get  engines  from 
Greece  and  Asia  to  besiege  Alexandria  (^BelL 
Aiex.  1,  1).  It  was  in  siege-work,  both  attack 
and  defence,  but  particularly  defence,  that  these 
engines  were  employed  (Lir.  xxvL  6,  4 ;  xxyii. 
15,  5 ;— Polyb.  riii.  7,  6).  They  were  altogether 
too  heary  and  cumbersome  to  be  used  yery  ex« 
tensively  in  the  field ;  if  they  were  used  in  the 
field,  it  was  only  for  the  attack  or  defence  of 
some  strong  position  (Caes.  B,  G,  ii.  8,  4 ;  yiii. 
14,  5;  B,C,  iii.  56, 1 ;  B.  Afr,  31,  6),  or  pro- 
tecting some  movement  such  as  crossing  a  riyer 
(c£  Arrian,  i.  7,  8 ;  iv.  4,  4).  During  the 
Roman  Empire  each  legion  (Tac  Hist,  iii.  23 ; 
Dio  Cass.  Ixy.  4X  and  perhaps  each  praetorian 
cohort  (Tac  Ann,  xii.  56),  had  its  own  engines ; 
and  in  the  time  of  Vegetius  (/.  c)  each  century 
of  the  legion  had  a  carroballista,  a  large  engine 
drawn  by  mules  and  requiring  eleven  men  to 
work  it,  and  each  cohort  an  onager^ 

Into  all  the  minutiae  of  the  construction  of 
these  ensines  it  would  be  impossible  here  to 
enter.  &r  them  readers  must  be  referred  to 
Rustow  and  Ktfchly,  GeachicMe  dea  griechischen 
Kriegsweaens,  1852,  pp.  378-405 ;  to  their  edi- 
tion of  the  Griechische  KriegBachrifstelUry  1853, 
yol.  i.,  containing  Hero's  and  Philo  s  B^KowoilKd, 
pp.  187-346,  and  Vitruyius,  x.  chaps.  15-18 
(10-12),  with  a  valuable  translation  and  notes; 
to  Wescher's  Poiiorcetiqtts  des  Grecs,  1867,  for 
Athenaeus  and  Bito  (pp.  1-68);  to  A.  Miiller's 
article  on  Fesiungahrieg  tmd  Belagavngaweaen  in 
Baumeiater'a  DenkmSlerj  i.  525  ff. ;  and  to  Droy- 
sen's  Die  griecMachen  Kriegaalterthumar,  chap, 
ix.  pp.  187-204.  [L.  C.  P.]  < 

TOBQUE8  or  TOBQUIS  (arp€wr6s\  an 
ornament  of  gold,  twisted  spirally  and  bent  into 
a  circular  form,  which  was  worn  round  the  neck 
by  men  of  distinction  among  the  Persians  (Curt, 
iii.  3 ;  Thembt.  Orat,  24,  p.  306  c),  the  Gauls 
(Florus,  i.  13,  ii.  4X  and  other  Asiatic  and 
northern  nations  (Isid.  Orig.  xix.  30).  Tore  in 
Celtic  and  old  Irish  was  probably  borrowed  from 
the  Latin  word  (Curtius,  Gr,  £tym.  462).  Virgil 
iAtn,  V.  558,  559)  thus  describes  it  as  part  of 
the  attire  of  the  Trojan  youths : 

*'  It  pectore  sommo 
Flezille  obtorti  per  eollnm  drcnliis  anri." 


TOXOTAE 


857 


Ornaments  of  this  kind  have  been  frequently 
found  both  in  France  and  in  many  parts  of  Great 
Britain  and  Ireland  (Petrie,  Ihma.  of  B,  Iriah 
Acad.  vol.  xviii. ;  Antiq,  pp.  181-184),  varying 
in  size  and  weight,  but  almost  always  of  the 
form  exhibited  in  the  annexed  woodcut,  which 
represents  a  torquis  found  in  Brecknockshire, 
and  now  preserved  in  the  British  Museum.  The 
same  woodcut  contains  a  section  of  this  torquis 
of  the  size  of  the  original.  It  shows,  as  Mr.  Petrie 
observes  concerning  some  found  in  the  county 
of  Meath,  **  four  equidistant  radiations  from  a 
common  centre."  The  torquis  in  the  British 
Museum  is  4j  feet  in  length.  Its  hooks  cor- 
respond well  to  the  following  description  of  the 
fall  of  a  Celtic  warrior:  "Torquis  ab  incisa 
decidit  unca  gula"  (Propert.  iv.  10,  44).  A 
torquis  which  instead  of  being  bent  into  a  cir- 
cular form  was  turned  into  a  spiral,  became  a 
bracelet,  as  is  shown  in  the  lowest  figure  of  the 
woodcut  to  Abmilla.  A  torquis  contrived  to 
answer  this  purpose  is  called  torqvia  brachialia 
(Vopisc.  AweL  7).  Such  bracelets  and  torques 
are  often  found  together,  having  been  worn  by 
the  same  people. 


Torques. 

The  head  in  the  preceding  woodcut  is  that  of 
a  Persian  warrior  in  the  mosaic  of  the  battle 
of  Issus,  mentioned  in  p.  397.  It  illustrates  the 
mode  of  wearing  the  torquis,  which  in  this 
instance  terminates  in  two  serpents'  heads  instead 
of  hooks.  It  was  by  taking  this  collar  from  a 
Gallic  warrior  that  T.  Manlius  obtained  the 
cognomen  of  Torquaiua  (Cic  de  Fin,  ii.  22,  73, 
de  Off.  iii.  31,  112 ;  Gellius,  ix.  13  ;  Non.  Marc 
pp.  227,  228,  ed.  Merceri). 

Torques,  whether  in  the  form  of  collars  or 
bracelets,  no  doubt  formed  a  considerable  part  of 
the  wealth  of  those  who  wore  them.  Hence  they 
were  an  important  portion  of  the  spoil,  when  any 
Celtic  or  Oriental  army  was  conquered,  and  they 
were  among  the  rewards  of  valour  bestowed  after 
an  engagement  upon  those  who  had  most  distin- 
guished themselves  (Juv.  xvi.  ^0 ;  Plin.  B,  N, 
xxxiii.  §  10;  Sidon.  Apollin.  Carm,  xxiii.  424). 
The  monuments  erected  to  commemorate  Roman 
soldiers  and  to  enumerate  the  honours  which 
they  had  obtained,  often  mention  the  number  of 
torques  conferred  upon  them.  (Maffei,  Mua. 
Veron.  p.  218.)    [Phalkra.]  [J.  Y.] 

TORUS.    [Lbctus.] 

TO'XOTAE  (to(^«).    [DEMoen.] 


858 


TBABEA 


TBAGOEDIA 


TRA'BEA.    [Toga.] 

TBADI'TIO.    [Dominium.] 

TBAGOE'DIA.  The  purpose  of  this  article 
is  to  sketch  the  progress  of  Greek  Tragedy  from 
its  origin  to  its  maturity;  and  to  give  some 
acooimt  of  Roman  Tragedy,  which  was  derived 
from  the  Greek. 

The  Dithyramb, — ^The  Dorian  worship  of  the 
gods,  and  especially  of  Apollo,  had  been  accom- 
panied Arom  an  early  time  by  choral  lyrics,  to 
which  an  artistic  derelopment  was  given  by 
Alcman  of  Sparta  (660  B.C.)  and  Steslchorns  of 
Himera  (620  B.c.)*  H  was  reserved  for  a  man 
of  Aeolian  origin  to  perfect  one  particular 
species  of  the  poetry  wnich  Dorians  had  made 
their  own.  Arion,  of  Methymna  in  Lesbos,  lived 
about  600  B.a  He  gave  a  finished  form  to  the 
9t0^pa/i$ost  or  choral  hymn  in  honour  of  Dio- 
nysus. The  tciicKtos  x^P^^ — *-^*  ^^®  chorus 
which  stood,  or  danced,  round  the  altar  of 
Dionysus — ^received  from  him  a  more  complete 
organisation,  its  number  being  fixed  at  fifty. 

The  earliest  k^kXuh  x^^  ^^  ^^^  ^'^^^  ^^^ 
trained  and  produced  by  Arion  at  Corinth  in 
the  reign  of  Periander.  Pindar  alludes  to  this 
when  he  speaks  of  Corinth  as  the  place  where 
**  the  graces  of  Dionysus  " — ^the  joyous  song  and 
dance  of  his  festival — were  first  shown  forth, 
ehp  iSoT^A^rf  . .  .  9i$updfifi^  (^Olymp,  xiiL  19). 
The  epithet  fioniK^rris  which  is  there  nven  to 
the  dithyramb  probably  refers  to  the  tact  that 
an  ox  was  the  prize,  rather  than  to  a  symbolical 
identification  of  Dionysus  with  that  animal. 
In  one  of  his  lost  poems  Pindar  had  connected 
the  origin  of  the  dithyramb  with  Kaxos,  and, 
in  another,  with  Thebes.  This  is  quite  con- 
sistent with  Corinth  having  been  the  first  home 
of  the  matured  dithyramb.  It  is  well  known 
that  the  dithyramb  had  existed  before  Arion's 
time.  The  earliest  occurrence  of  the  word  is  in 
Archilochus  (ciirc.  670  B.C.),  fr.  79 :  &$  AMy6a'oi* 
tufOKTos  Kokbtf  i^dp^ai  fi4\os  \  olBa  9iB^pafifioPf 
otv^  <rvyK€p€uww$9U  ^pipot — a  testimony  to 
the  impassioned  character  of  the  song.  Hero- 
dotus speaks  of  Arion  as  not  merely  the  de- 
veloper, but  the  inventor  (i.  23) ;  and  Aristotle 
made  a  similar  statement,  if  we  can  trust  the 
citation  in  Pbotius  {rhv  hi  itpj^dfiwop  rrjs  ^ijs 
'ApurroriKiis  *Ap(«m  ^fftp  itnu,  hs  TpSnos  rhv 
k^kKiov  fFycrye  xopiv',  BibHoth,  Cod.  239).  But 
it  was  natural  that  the  man  who  developed  and 
popularised  the  dithyramb  should  have  come  to 
figure  in  tradition  as  its  inventor.  The  ety- 
mology of  BiB^poftfios  is  unknown.  Plato  con- 
jectures thai  its  original  theme  was  the  birth 
of  Dionysus  (Legg.  p.  700  B).  If  this  was  so, 
at  any  rate  the  scope  must  soon  have  been 
enlarged,  so  as  to  include  all  the  fortunes  of 
the  god. 

Earliest  "  Dragic  CKortWM."— At  Sicyon,  ctrc. 
600  B.C.,  rpayucol  x^pol  were  in  use.  This  date 
coincides  with  the  period  at  which  Arion  per- 
fected the  dithyramb;  and  we  find  that  these 
Xopol  had  originally  been  held  in  honour  of 
Dionysus.  The  Sicyonians  had  diverted  them 
from  that  purpose,  and  had  applied  them  to  the 
cult  of  the  Argive  hero  Adrastus,  whose  adven- 
tures were  celebrated  by  the  dioruses  (Her. 
T.  67,  rii  wdBta  tcbrov  rfwyuro?<ri  x*^^^^  ^^ 
poipop).  Cleisthenes,  the  tyrant  of  Sicyon,  re- 
claimed these  x^^  ^^^  Dionysua.  Two  points 
in  this  aeeount  desarve  attention. 


(1.)  The  epithet  rpayucol  is  already  girea  to 
these  choruses,  although  there  was  as  yet  no 
actor  distinct  from  the  chorus.  The  virvpot 
(=r(rxfpoij  **  he-goats  ")  were  woodland  beings, 
half  man,  half  beast,  who  attended  on  Dionj8ii&, 
and  who  were  conventionally  represented  with 
pointed  ears,  budding  horns,  a  snub  nose,  and  s 
tail.  Some  allusion  to  the  satyrs  was  cvidentlj- 
involved  in  rpvfucis^  as  an  epithet  of  the  choru, 
and  in  rptty^ta,  as  a  name  for  their  song.  Bat 
it  is  hardly  doubtful  that  these  terms  ako  reier 
directly  to  the  association  of  an  actual  gost 
with  the  Dionysiac  worship.  It  was  the  goat 
that  suggested  the  conventional  type  of  the 
tfidrifpof,  not  the  latter  that  prompted  the  use  of 
the  terms  rpoyuchs  and  rptty^ik.  The  choice 
of  the  votive  animal  is  sufficiently  explained  bj 
the  lower  side  of  the  nature  ascribed  to  the  god, 
the  side  which  would  be  most  prominent  in  a 
rustic  carnival.  A  goat  was  perhaps  sacrificed 
to  DioujTsus  before  the  choral  song  began.  But 
this  does  not  necessarily  exclude  anoUier  hypo- 
thesis— ^viz.  that  a  goat  was  sometimei  the 
prize.  When,  in  early  times,  the  country  people 
spoke  of  a  "goat-chorus,**  or  a  "goat-song," 
no  doubt  the  literal  and  the  allusive  meanings 
were  blended ;  men  thought  partly  of  the  goat 
which  was  the  sacrifice  or  the  priae,  partly  of 
the  goat-like  satyrs  who  formed  the  Chons. 
The  word  rpay^ta  is  often  applied  to  the 
purely  choral  performance  in  honour  of  Diony- 
sus, when  as  yet  there  was  no  "  tragedy "  in 
the  later  sense.  Thus  Plato  remarks  that 
rpay^ia  had  existed  in  Attica  before  the  days 
of  <«  Thespis  and  Phrynichus'*  (Jfmos,  p.  321  A). 
Similarly  Athenaeus  (630  c)  and  Diogenes 
Laertius  (iii  56)  speak  of  the  primitive  rpayfUs 
which  was  performed  wholly  by  a  choms. 

(2.)  Further,  it  appears  that  as  early  as 
600  B.C.  rpayueol  x**P^^  ^^^  ^^^  neoesarily 
restricted  to  the  worship  of  Dionysus,  bnt  oonld 
celebrate  the  fortunes  of  a  hero  such  as  Adrastai. 
This  illustrates  the  peculiar  position  of  Dio- 
nysus among  the  Hellenic  deities.  According 
to  legend,  his  entrance  into  Greece  had  been 
opposed;  he  had  endured  various  insolts  snd 
trials  before  his  worship  was  finally  established. 
Dionysus  alone  was  at  once  a  god — superhuman 
in  might — and  a  hero  who  had  striven  like 
Heracles.  The  "  tragic  chorus,"  which  saag  the 
dithyramb,  commemorated  his  wdBii — the  rary- 
ing  fortunes  which  had  preceded  Us  final 
triumph.  Such  a  chonia  might  change  its 
theme  to  a  hero  who  had  experienced  like 
vicissitudes,  but  not  to  any  other  god.  Apollo 
had  long  been  honoured  with  choruses  by  the 
Dorians.  But  there  was  no  germ  of  drama  in 
the  choral  cult  of  Apollo,  becsoae  there  was  no 
reminiscence  of  suffering. 

Tremntion  from  Lyrieto  Dramatki  "  TVaged^** 
—As  the  central  idea  of  the  Dionysiac  worship 
was  a  vivid  sympathy  with  the  fortunes  of  the 
god,  a  certain  dramatic  element  must  han 
entered  into  it  from  the  first.  The  energy  of 
the  dithyrambie  style  would  itself  prompt  the 
dancers  to  use  animated  gesture.  It  would  also 
be  natural  that  their  leader  should  enact  the 
part  of  Dionysus  himself,  or  of  a  mevenger  from 
him — ^reciting  come  adventure,  to  which  the 
satyr-chorus  would  then  make  a  lyric  response. 
Greek  tnditimi  dearly  asaodatad  some  lach 
mdiments  of  drama  with  the  primitive  Vj^ayf- 


TRAGOEDIA 

91a.  Thus  Diogenes  Laertius  says:  ''In  early 
tragedy  the  Chorus  alone  tustained  the  action 
(pu^fMfiAnCw)  I  afterwards  Thespis  introduced 
one  actor,  in  order  to  give  rest  to  the  Chorus  " 
(iii.  56).  Aristotle,  too,  states  that  tragedy 
was  at  first  "  extemporary  "  Tafiroo'xcSiatfTiic^). 
and  took  its  rise  **from  those  who  led  off 
the  dithyramh "  (4r^  r&p  i^apx^*^^^  ^^y 
itO^poftfioy :  Foet,  4).  He  refers  to  an  effusion, 
more  or  less  unpremeditated,  by  the  leader, 
as  distingoished  from  the  hymn  chanted  by  the 
Chorus. 

Thespis,  a  native  of  Icaria  in  Attica,  flourished 
about  536  ,B.a,  in  the  later  years  of  Peisistiatus. 
He  was  a  trainer  and  leader  of  dithyrambic 
choruses,  who  made  an  improvement  in  the 
mode  of  performance.  Hitherto  the  leader, 
irho  recited  an  adventure  of  Dionysus,  had 
addressed,  the  Chorus,  and  had  been  answered 
.by  them.  Thespis  now  set  apart  a  person 
specially  for  dialogue  with  the  leader.  As  this 
person  had  to  reply  to  the  leader,  he  was  called 
**  the  answerer,  ^oKpiT^s — which  became  the 
regular  term  for  an  **  actor."  This  was  another 
step  towards  drama;  but  how  far  it  we;nt  we 
do  not  know,  because  we  do  not  know  what  the 
Bpdfuna  of  Thespis  (as  Snidas  calls  them)  were 
like.  The  alleged  fragments  of  Thespis  in 
Plutarch,  Clement  of  iJcxandria,  Pollux,  and 
other  writers,  are  spurious,  as  Bentley  has 
shown  {Phalarisj  pp.  289  ff ,  ed.  Dyoe).  Every- 
thing would  depend  on  the  manner  in  which  the 
part  of  the  new  ^oicpir^t  was  adjusted  to  that 
of  the  coryphaeus.  If  the  latter  was  made 
virtually  a  second  actor,  then  Thespis  might 
^rly  be  regarded  as  the  founder  of  drama 
proper.  If,  on  the  other  hand,  the  dialogue 
remained  comparatively  unimportant,  and  the 
whole  performance  continued  to  be  essentially 
lyric,  then  Thespis  had  merely  modified  the 
tradition— though  in  a  fruitful  way.  The  latter 
view  seems  the  more  probable.  The  ancients 
themselves  were  divided :  some  regarded  him  as 
the  wpSros  rp€tyiK6s:  others,  as  merely  im- 
proving on  Sicyonian  tradition  (Suidas).  Bentley 
maintained  that  Thespis  composed  only  pieces 
of  a  humorous  character;  Welcker,  that  he 
produced  serious  tragedy  also.  Neither  view 
admits  of  proof.  Horace  (Ars  Poet,  276)  has 
given  currency  to  the  notion  that  Thespis  went 
about  the  country  with  a  strolling  company, 
and  acted  his  plays  on  a  waggon.  The  fiction 
may  have  been  suggested  by  the  **  jests  from  a 
waggon  "  which  were  associated  with  the  pro- 
cessions to  Elcusis  (^1  hfid^fis  ifipi(ttp).  When 
all  the  evidence  has  been  sifted,  Thespis  remains 
to  us  a  famous  name,  and  little  more^  That  he 
made  an  epoch  in  the  gradual  development  is 
beyond  question.  But,  in  the  light  of  such  im- 
perfect knowledge  as  we  possess,  Aeschylus,  not 
Thespis,  must  be  regarded  as  the  true  founder  of 
Tragedy. 

The  Period  between  Theepis  and  Aesckylua, — 
(1)  Choerilus,  an  Atheniaut  is  said  to  have 
gained  his  first  dramatic  victory  in  523  B.C.,  and 
to  have  been  active  for  some  sixty  years  aifter- 
wards.  Pansanias  (i.  14,  §  2)  refers  to  him  as 
Mpafia  Tot^aam  ^AA^nfy.  Alope  was  a  hapless 
ibaiden  whom  her  father  Ccrcyon  put  to  death ; 
and  Pansanias  quotes  the  play  for  some  genealo- 
gical details  about  Triptolemus.  Here,  then, 
we  have  a  tragedy,  conneoted,  by  subject,  with 


TRAGOEDIA 


859 


Eleusis,  but  not  directly  with  Dionysus.  Choe- 
rilus is  said  by  Snidas  to  have  composed  160 
plays.  Only  a  few  words  are  extant.  The  view 
that  he  excelled  iu  satyr-drama  rests  on  a  verse 
of  an  unknown  poet,  iivUa  fihy  fieurtXtbs  ^v 
XoipfAoi  i»  aeerCpois,  quoted  by  Marlus  Plottus 
Sacerdos  (circ.  300  A.D.),  in  the  third  book  of 
his  Are  Qrammattca^  where  he  treats  of  metres. 
The  phrase  iv  aar^poiSf  however,  may  have 
referied  to  Dionysiac  choruses  generally,  and 
not  to  satvr-plays  as  distinguished  frotai  tra- 
gedies. (2)  Pratinas,  a  native  of  Phlius,  is  said 
by  Suidas  to  hare  contended  against  Choerilus 
and  Aeschylus  "in  the  70th  Olympiad,"  «>.  at 
some  time  between  500  and  497  B.C.  If  the 
first  year  of  the  Olympiad  is  meant,  the  date 
would  be  the  spring  of  499  B.O.  The  tradition 
that  he  was  the  first  to  write  satyr-plays  is 
founded  on  the  words  of  Suidas,  wpSros  typw^€ 
trvripovf :  but  it  can  be  traced  further  beick,  if 
'<  Pratinae  "  be  read  for  <<  Crattni "  in  a  note  on 
the  Are  Poetica  (230)  by  Helenius  Acron,  the 
commentator  on  Terence  and  Horace  (ctrc.  190 
A.D.).  The  satyr-plays  of  Pratinas  were  pre- 
sumably intended  to  preserve  the  old  type  of 
satyr-chorus,  now  threatened  with  extinction  by 
the  new  improvements.  Such  an  effort  would 
have  been  natural  for  one  whose  native  place 
was  not  far  from  Sicyon.  Amons  the  scanty 
fragments  of  Pratinas,  which  are  umost  wholly 
lyric,  the  most  considerable  is  a  passage  of 
20  lines  from  a  iw^pxnfut  (Bergk,  Poet,  Lyr, 
953  ff. :  cf.  Nauck,  .fV^.  Trag,  p.  562).  Suidas 
says  that  he  wrote  60  plays,  of  which  32  were 
satyric  dramas ;  unless,  with  Boeckh,  32  should 
be  altered  to  12  (A^'  to  iff").  (3)  Phrynichns, 
an  Athenian,  is  said  to  have  gained  the  tragic 
prize  first  in  511  B.a,  and  for  the  last  time  in 
476  B.C.  His  tragedy  on  the  Capture  of  Miletus 
must  have  been  produced  soon  after  the  date  of 
the  event  (494  B.C.) :  it  is  uncertain  whether 
the  title  was  MiA^ou  &\wffu  (Her.  vi.  21),  or 
n^offoi.  Eight  other  of  his  plays  are  known  by 
titles,  but  only  a  few  verses  remain  (Nauck, 
fhig,  Trag,  557  ff.).  According  to  Bentley*s 
conjecture,  the  PhoenisMe  (on  the  same  subject 
as  the  Peraae  of  Aeschylus)  was  the  play  pro- 
duced in  476  B.C.,  when  Themistocles  was  his 
choregus.  In  the  Thesntophoriagusae  of  Aristo- 
phanes the  tragic  poet  Agathon  says  of  Phry- 
nichus  that  the  comeliness  of  his  person  was 
matched  by  the  beauty  of  his  dramas  (v.  166). 
His  lyrics,  in  particular,  were  admired  for  their 
simple  grace  and  sweetness.  It  seemed  as  if  the 
birds  had  taught  him  to  warble  (Ar.  Av,  748  ff.). 
These  lyrics  had  probably  more  of  an  Ionian 
than  of  a  Dorian  or  an  Aeolian  stamp.  He  was 
the  most  popular  tragic  poet  of  his  time:  the 
audiences  to  whom  Aeschylus  made  his  earlier 
appeals  are  described  as  having  been  *'  brought 
up  in  the  school  of  Phrynichns  "  (wapii  ^vnx^ 
rpnpiprasy  Ar.  ^n,  910). 

Aeschylus,  a  native  of  Eleusis  in  Attica,  was 
bom  in  525  B.a  About  499  B.O.  he  was  already 
exhibiting  tragedy,  but  it  was  in  484  that  he 
first  gained  the  prize.  The  great  change  which 
he  introduced  consisted  in  adding  a  second  actor, 
and  in  making  the  dialogue  more  important 
than  the  Chorus  (rhp  hSyop  wptn'oymwariip 
Tupt^M^aaty  Arist.  Poet,  4\  It  may  be  con- 
jectured that  this  change  had  been  made  some 
years  before  484  B.a ;  at  any  rate  it  was  earlier 


860 


TRAGOEDIA 


TRAGOEDIA 


than  the  date  of  the  Peruu,  472  s.a  So  long 
as  there  was  only  a  single  actor,  that  actor 
mighty  indeed,  assame  different  parts  in  suc- 
cession, but  there  could  be  no  drama  in  the 
proper  sense  of  the  word.  If,  for  instance, 
Phrynichns  nsed  only  one  actor  in  the  **  Capture 
of  Miletus,*'  that  person  might  first  appear  as  a 
messenger,  relating  the  calamity ;  the  Chorus 
would  express  their  grief;  the  actor  might 
then  reappear  as  one  of  the  victors  or  of  the 
vanquuhed,  and  give  occasion  for  another  choral 
strain.  But  the  presentment  of  an  action  as 
passing  before  the  eyes  of  the  spectators  became 
possible  only  when  a  second  actor  was  added. 
Aeschylus  also  gave  a  new  grandeur  to  the 
scenic  accessories  of  tragedy.  He  improved  the 
masks,  and  introduced  new  costumes,  of  which 
we  shall  speak  presently.  The  introduction  of 
scene-painting  has  also  been  ascribed  to  him; 
but  it  is  probable  that  his  use  of  this  aid  did 
not  go  beyond  an  elementary  form.  Aeschylus 
is  essentially  the  creator  of  the  tragic  drama  as 
it  existed  at  Athens  during  the  5th  century  B.C. 
In  comparison  with  Phrynichns  and  his  other 
predecessors,  Aeschylus  stood  out  as  "  the  first 
4>f  the  Greeks"  who  had  « built  up"  a  lofty 
diction  for  Tragedy,  and  who  had  made  it  a 
splendid  spectacle.    (Ar.  Ban.  1004  f.) 

Sophocles  was  bom  in  or  about  495  B.C.,  and 
first  gained  the  tragic  prize  in  468  B.a,  against 
Aeschylus.  He  added  a  third  actor.  He  also 
raised  the  number  of  the  tragic  chorus  from  12 
to  15.  Hitherto  one  of  the  ordinary  choreutae 
had  acted  as  leader.  One  of  the  three  additional 
men  was  now  appointed  coryphaeus ;  the  other 
two  were  destined  to  serve  as  leaders  of  4iiux6pM 
when  the  Chorus  was  required  to  act  in  two 
divisions  (as  it  does  in  a  passage  of  the  Ajax^ 
866  ff.).  Aristotle  mentions  scene-painting 
ieKuvoy^n^UC^  as  an  improvement  distinctive  of 
Sophocles.  It  cannot  be  doubted  that,  though 
Aeschylus  may  have  used  some  kind  of  scene- 
painting  at  an  earlier  date,  Sophocles  was  the 
dramatist  who  first  made  a  more  thorough  and 
effective  use  of  it,  so  that  it  continued  to  be 
associated  with  his  name.  (Cf.  Theatbum.) 
The  external  form  of  Attic  tragedy  was  now 
complete. 

Occaahna  on  which  Tragedy  toas  acted  at 
Athens, — ^Wc  may  next  consider  the  conditions 
under  which  tragedy  was  presented  to  the 
Athenian  public.  Before  the  time  of  Peisistra- 
tus,  the  rural  Dionysia  (tA  kot'  ir/pohs)  afforded 
the  only  occasion  for  the  Bacchic  choruses  in 
Attica.  It  is  conjectured  that  Peisistratus  was 
the  founder  of  the  Dionysiac  festival  called  the 
Lenaea.  This  was  held  every  January  in  the 
A^roior  (so  named  from  \ritf6s,  a  wine-press), 
the  precinct  sacred  to  Dionysus,  on  the  S.E. 
slope  of  the  Acropolis.  The  Lenaea  witnessed 
the  exhibitions  of  Thespis,  Choerilus  and  Pratinas, 
as  well  as  the  earlier  plays  of  Phrynichns  and  of 
Aeschylus.  A  regular  contest  (jky^v)  for  the 
tragic  prize  at  the  Lenaea  seems  to  have  existed 
as  early  as  the  days  of  Thespis  and  Choerilus. 
The  institution  of  the  Great,  or  City,  Dionysia 
(rik  Kon^  A<rrv)  may  probably  be  referred  to  the 
time  immediately  after  the  Persian  wars,  circ. 
478  B.C.  The  Great  Dionysia  then  became  the 
chief  occasion  for  Tragedy ;  and  in  the  middle 
part  of  the  5th  century  the  Lenaea  seems  to 
have  been  exclusively  the  festival  of  Comedy. 


About  416  B.a,  however,  we  again  hear  of 
Tragedy  at  the  Lenaea.  Thenceforth,  down  at 
least  to  the  days  of  Demosthenes,  tragic  drama 
accompanied  both  festivals ;  though  it  wss  more 
especially  associated  with  the  Great  Dionysia. 
At  the  Anthesteria,  the  February  festival,  no 
drama  was  exhibited. 

Trilogy  and  Tetralogy, — The  form  in  which 
Aeschylus  produced  his  tragedies,— daring,  st 
least,  the  later  part  of  his  career, — ^was  that  of 
the  *^  trilogy,"  or  group  of  three.  To  these 
was  appended  a  satyrnlrama  (<r^rvpei,  or  mm^ 
puih¥  ipatia)f  so  called  because  the  Chorus 
consisted  of  satyrs  attendant  on  Dionysus.  We 
have  seen  that  Pratinas  was  the  reputed  inventor 
of  the  satyr-play,  and  that  its  object  wss  to 
preserve  the  memory  of  the  ** tragic"  chonu 
in  its  earliest  phase.  A  mingling  of  serioQSB«st 
and  mirth  was  characteristic  of  the  Dionysisc 
worship.  Tragedy  represented  one  side  of  thii 
mood,  and  Comedy  the  other.  The  satyr-drama 
— ^true  to  its  origin  from  the  old  rpayuc^s  x^ 
— was  nearer  to  Tragedy  than  to  Comedy,  bot 
contained  elements  of  the  latter  also ;  henoe  it 
was  aptly  described  as  vaifawa  rpay^a  (De< 
metrius,  de  £locut.  {  169).  The  trilogy,  or 
group  of  three  tragedies,  and  the  satyr-drams, 
together  made  up  the  "  tetralogy."  It  is  not 
known  that  Aeschylus  himself,  or  any  of  the 
Attic  dramatists,  used  the  word  rpiXayia  or 
rrrpakoyla.  These  terms  cannot  be  traced  back 
beyond  the  Alexandrian  age.  But,  whether  the 
Attic  dramatists  did  or  did  not  use  these  words, 
it  is  certain  that  they  compoaed  in  these  fonna 
The  origin  of  the  trilogy  has  been  conjectnraUy 
derived  from  a  custom,  in  the  days  when  there 
was  only  one  actor,  that  he  should  give  three 
successive  recitations  between  the  choral  soogs: 
but  this  is  doubtful.  Nor  is  it  certain,  thongh 
it  is  very  probable,  that  Aeschylus  was  the 
inventor  of  the  trilogy.  His  Ortsteia  is  the 
only  extant  example.  In  that  trilogy,  the 
three  plays  form  successive  chapters  of  one 
story.  A  trilogy  which  has  this  kind  of  uiuty 
has  been  called  a  **  fable-trilogy."  On  the  other 
hand  the  term  ^  theme-trilogy "  has  been  used 
to  describe  three  tragedies  linked,  not  by  story, 
but  by  some  abstract  idea,  such  as  that  of 
Hellenic  victory  over  the  barbarian.  Thoi, 
according  to  Welcker,  the  Persos  belonged  to  s 
theme-trilogy  in  which  the  first  play  {Pki»m) 
related  to  the  Argonauts,  and  the  third  (Glauau) 
to  the  victory  of  the  Sicilian  Greeks  at  Himers 
(480  B.C.).  The  «  fable-trilogy  "  was  the  type 
characteiistic'  of  Aeschylus.  It  has  been  at- 
tempted to  show,  from  the  recorded  titles  of  hii 
plays,  that  his  trilogies  always  had  the  unity 
either  of  "fable"  or  of  "theme,"  But  it  is 
more  probable  that,  though  he  preferred  &hle- 
trilogies,  he  sometimes  also  produced  trilogies 
in  which  the  plays  were  wholly  unconnected. 
With  regard  to  the  practice  of  the  poets 
after  Aeschylus,  these  points  may  be  obtemd. 

(1)  In  addition  to  the  Aeschylean  examples,  ten 
tetralogies  can  be  traced,  ranging  in  date  from 
467  to  405  B.C.  Five  of  these  belong  to  Euri- 
pides;  the  other  five,  to  minor  tragic  poets. 

(2)  Suidas  says  that  Sophocles  ''b^  the 
practice  of  play  contending  against  play,  and 
not  tetralogy  against  tetralogy."  But  it  is 
known  that  Sophocles  compel^  with  Khripides 
on  at  least  two  occasions  when  the  latter  pro* 


TBAGOEDIA 

dnced  tetralogiea,  tiz.  in  438  and  in  431  B.C. 
It  cannot  be  donbtad  that  in  each  of  these  casea 
Sophocles,  too,  produced  four  plajs.  To  have 
competed  with  a  tingle  play  against  a  tetralogy 
would  haye  arguwi  sterility  or  arrogance. 
Sophocles  continued  to  use  the  tetralogical 
form,  but  the  tragedies  in  his  trilogy  were 
Bsnally  unconnected,  as  those  of  Aeschylus  had 
usually  been  linked.  The  statement  of  Suidas 
ifl  probably  founded  on  a  statement  of  some 
older  writer  who  was  noticing  a  result  of  the 
Sophoclean  practice :  riz.,  that  the  judges  of  the 
tragic  prize,  having  to  decide  between  trilogies 
of  unconnected  plays,  found  it  easier  to  pro- 
nounce which  one  play  was  the  best  of  all, 
than  to  determine  which  trilogy  was  best  as  a 
whole.  Thus,  though  tetralogies  were  still  pro- 
duced, the  contest  for  the  prize  would  often  be 
one  of  <*play  against  play."  (3)  There  is  no 
proof  that  Sophocles,  or  any  poet  of  his  time, 
arer  competed  at  the  Dionysia  with  one  tragedy 
only.  The  year  340  B.C.  is  the  earliest  in 
which  it  is  prored  that  the  tragic  poets  exhi- 
bited less  tlum  Uiree  plays  each;  and  in  that 
year  they  produced  two  each.  This  is  proved 
by  a  contemporary  inscription.  (4)  The  con- 
clusion is  that  tetralogy  continued  to  be  the 
rule  in  Tragedy  down  at  least  to  400  B.C.,  and 
perhaps  somewhat  longer.  It  was  only  by  a 
tetralogy  that  the  old  Dionysiac  chorus  of  fifty 
persona  was  fully  represented.  The  Aeschylean 
chorus  of  12,  and  the  Sojphoclean  of  15,  roughly 
symbolised  a  quarter  of  that  number.  Any- 
thing less  than  a  tetralogy  would  have  seemed 
an  incomplete  tribute  to  the  god.  No  argu- 
ment can  be  drawn  from  the  case  of  Comedy. 
Comedies  were  always  produced  singly. 

The  Acton, — In  the  time  of  Thespis,  poet  and 
actor  were  identical.  In  the  earlier  years  of 
Aeschylus  and  Sophocles  it  was  still  not  unusual 
for  a  poet  to  bear  a  part  in  the  performance  of 
hifl  own  tragedies.  Thus  Sophocles  is  recorded 
to  have  played  the  title-rdle  in  his  own  Tha- 
myriSf  and  Kausicaa  in  his  Plyntriae.  But, 
when  the  tragic  drama  had  once  been  matured, 
the  art  of  the  tragic  actor  became  a  distinct 
profession.  According  to  the  degree  of  the 
actor's  skill — ^which  was  tested  by  special  trials 
— he  was  classed  as  a  player  of  first,  second,  or 
third  parts.  We  must  remember  that,  until 
Aeschylus  introduced  the  second  actor,  the 
principal  performer  was  not  the  single  actor,  but 
the  coryphaeus,  since  the  choral  element  was 
more  important  than  the  dialogue.  It  was 
Aeschylus  who,  in  Aristotle's  phrase,  first  **  made 
the  dialogue  protagonist."  The  protagonist 
played  the  most  important  character  of  the  piece, 
which  was  often,  but  not  necessarily,  the  charac- 
ter from  which  the  piece  was  named.  He  might 
take  more  than  one  part,  if  the  leading  person 
disappeared  long  before  the  end  of  the  play: 
thus  in  the  Ajax  the  protagonist  would  play 
Ajax  and  Teucer ;  in  the  Antigone^  the  heroine, 
Teiresias,  and  Eurydice.  The  deuteragonist  usu- 
ally played  the  person,  or  persons,  most  directly 
concerned  with  the  principal  character; — as 
Ismene  and  Haemon  in  the  Antigone.  The  trit- 
agonist  took  the  smaller  parts, — as,  for  example, 
the  part  of  a  king,  when,  like  Creon  in  the 
Antigonty  he  was  not  the  chief  person  of  the  play 
(Dem.  de  Fals,  Leg,  {  247).  The  Athenian  actor 
went  through  an  elaborate  preparation.    In  the 


TBAGOEDIA 


861 


first  place,  great  care  was  given  to  the  artistic 
training  of  the  voice  (irXdtrfia  ^»i^s),  with  a  view 
to  flexibility  and  strength.  This  was  demanded 
alike  by  the  size  of  the  theatres  and  by  the 
fineness  of  the  Athenian  ear.  Deportment  was 
also  carefully  studied.  In  Attic  Tragedy  the 
movements  were  usually  slow  and  stately : 
much,  also,  depended  on  statuesque  effects.  As 
the  masks  excluded  play  of  feature,  it  was  all 
the  more  necessary  that  the  actor  should  have 
command  of  expressive  gesture,  especially  with 
the  hands.  Now  and  then,  though  not  often,  he 
was  required  to  dan<^  (cf.  Eur.  Phoen,  316); 
hence  his  professional  training  was  incomplete 
without  hpxn^^u^' 

Costume. — How  the  tragic  actor  was  dressed 
before  the  time  of  Aeschylus,  we  do  not  know ; 
it  is  only  a  conjecture  that  the  dress  of  the 
Dionysiac  priests  may  have   been   the  model. 
Aeschylus  introduced  a  type  of  costume  which 
remained  in  use  throughout  the  classical  period. 
Its  chief  elements  were  the  following.    (1)  A 
tunic,  with  stripes  of  bright  colours,  sometimes 
richly  embroidered  with  patterns  of  flowers  or 
animals.     It  was  girt  up  high  under  the  breast, 
and  fell  in  long  folds  to  the  feet.    The  sleeves 
reached  to  the  hands.    Such  a  tunic  was  called 
itoikIXov  (Pollux).    Women  sometimes  wore  a 
purple  robe,  with  a  long   train   {av^hs  mp' 
^vpovs).    (2)  Over  the  tunic,  or  robe,  an  upper 
garment  was    worn; — sometimes   the   //idrioK, 
an  oblong  piece  of  cloth ;  sometimes  a  mantle, 
XAofivr,  which  was  cut  in  a  circular  form,  and 
fastened   by  a  clasp    on    the    right  shoulder. 
The  chlamys  was  often  very  splendid.     Some 
other  varieties  of  garment,  with  special  names, 
are  mentioned;  but  their  nature  is  often  un- 
certain.    Padding  was  worn  under  the  costume, 
which  was  designed  to  exaggerate  all  the  actor's 
proportions.     (3)  A   boot,  which    the  Greeks 
called    ifi0drris,  and    the   Romans    cothurnus. 
The  sole  was  wooden,  and  the  shape  such  as  to 
fit  either  foot.      The  object  of  this  boot— like 
that  of  the  high  girdle — was  to  increase    the 
actor's  apparent  stature ;  and  the  sole  seems  to 
have  varied  in  thickness  from  some  two  inches 
to  as  many  as  six,  or  even  more.    Indeed,  for 
an  inexperienced  actor,  the  difficulty  of  walking 
on  the  ifjtfidrris  seems  to  have  resembled  that  of 
walking  on  stilts.     We  hear  of  clumsy  actors 
falling;    and  the  support  afibrded  by  a  long 
walking-stick    was    not    disdained,  where  the 
part  admitted  of  it.      (4)  Masks.    Thespis,  ac- 
cording to  the  tradition,  first  used  pigments  to> 
smear  the  actor's  face,  and  afterwards  adopted 
linen  masks  of  a  simple  kind.     Masks  suited  to 
female  characters  are  said  to  have  been  used  first 
by  Phrynichus.      The   improvement   made   by 
Aeschylus  seems  to  have  been  the  application 
of  painting  to  the   plain  linen  masks  of  the 
earlier  period.     In  the  Alexandrian  age,  if  not 
earlier,  the  workmanship  of  tragic  masks  had 
become  highly  elaborate.    Pollux  gives  a  list, 
derived  from  that  age,  which  includes  six  types 
of  old  men,  eight  types   of  young  men,  and 
eleven  types  of  women.     These  various  types 
were  distinguished  by  a  regular  system  of  con- 
ventional traits,  such  as  the  colour  of  the  hair, 
and  the  mode  of  wearing  it;  the  tint  of  the 
face ;   the  expression  given  by  the    eyebrows ; 
the  shape  of  the  forehead,  and  even  the  line  of 
the  nose :  thus  a  hooked  nose  {Mypvwos)  was 


862 


TBAOOEDIA 


TBAGOEDIA 


considered  appropriate  to  the  iofoMis,  Each  mask 
was  known  by  a  technical  name :  for  example, 
the  suffering  heroine  was  the  Karducofuts  &XP^ 
[Persona.]  •  A  mask  which  did  not  belong  to  any 
regular  type,  but  was  made  for  some  exceptional 
part  (sucn  as  the  homed  Actaeon),  was  called  li^ 
CMvop  wp6ff«nroy.  In  the  tragic  siask  a  pecaliar 
device  was  used  to  raise  the  height  of  the  fore- 
head. This  was  a  cone-shaped  frame  (^koi), 
built  up  above  the  face,  from  which  the  hair  of 
the  mask  fell  over  the  brows.  The  height  of 
the  6yKos  varied  with  the  dignity  of  aspect 
desired.  (5)  Special  attributes.  A  king  carried 
a  sceptre ;  Hermes,  a  lierald's  staff  (inipiKttop) ; 
the  bacchant,  a  thyrsus,  etc.  Such  an  emblem 
was  usually  borne  in  the  left  hand,  in  order 
that  the  right  might  be  free  for  gesture :  ex- 
tant works  of  art  show  this  (cf.  Baumeister, 
DenkmSier,  p.  1852 ;  Ovid,  Amor,  iii.  1,  13> 
Warriors  had  swords,  spears,  etc.  But,  except 
by  indications  of  this  nature,  the  dress  was  not 
adapted  to  the  particular  part  which  the  actor 
played.  This  will  not  appear  strange  if  it  is 
recollected  that  Athenian  drama  was  an  act  of 
Dionysiac  worship.  The  tragic  costume  was 
festal  first,  and  dramatic  only  in  a  secondary 
sense,  because,  at  the  Dionysia,  art  was  merely 
the  handmaid  of  religion.  It  is  said  that 
Aeschylus  took  some  hints  from  the  splendid 
dresses  of  the  hierophant  and  the  SfSovxos  at 
the  Eleusinian  mysteries.  (Athen.  p.  21e,  read- 
ing (nXAvos  ^K  with  Fritxsche;  A.  MiUler, 
BUhnetMith,  p.  229.)  This  would  have  been 
quite  in  the  Aeschylean  spirit ;  but  the  tradi- 
1tion  can  no  longer  be  verified.  In  satvric  drama 
the  costume  of  gods  and  heroes  was  the  same  as 
in  Tragedy,  but  the  chiton  waa  shorter,  as 
livelier  movement  was  required.  Silenns,  an 
important  figure  in  satyric  drama,  was  dressed 
either  in  <<  tights,"  set  with  tufts  of  goat's  hair, 
or  in  a  tunic  and  hose  of  goat's  skin. 

In  the  5th  century  B.a  we  find  great  actors 
specially  associated  by  fame  with  the-  poets  in 
whose  plays  they  excelled:  as  Oleander  and 
Mynniscus  with  Aeschylus;  Cleidemides  and 
Tlepolemus  with  Sophocles;  Cephisophon  with 
Euripides.  At  a  somewhat  later  period,  it  be- 
came usual  for  the  three  competitors  in  tragedy 
to  receive  their  protagonists  from  the  archon 
by  lot.  But  that  arrangement  seems  to  have 
ceased  before  341  B.a,  when  a  protagonist 
played  in  one  piece  of  a  trilugy  for  each  of  the 
three  poets.  Thus,  by  successive  steps,  the 
connexion  between  poet  and  actor  had  become 
less  and  less  close* 

The  Chorus, — In  the  development  of  Attic 
Tragedy  the  treatment  of  the  Chorus  passed 
through  several  phases.  Even  after  Aeschylus 
had  made  the  dialogue  more  important  than  the 
lyric  element,  he  continued  to  compose  choral 
odes  of  a  length  which  seemed  excessive — or  at 
least  archaic — ^to  the  next  generation.  In  the 
Frogs,  Euripides  complains  that  his  rival's 
Chorus  used  to  inflict  on  the  audience  ''four 
strings  of  lyric  verse,  one  after  another,  while 
the  actors  were  silent "  (914,  6  h\  xop^i  ^pciBcy 
6pfAa0obs  tip  I  fi€K0P  ^^c|^f  r4Trapas  ivp^x^^  ^' 
ot  8'  ie-iywp).  In  the  Supplices  of  Aeschylus 
the  Chorus  follows  up  the  parodos  with  eight 
consecutive  pairs  of  strophes  and  antistrophes ; 
in  the  first  stasimon  of  the  Agamemnon  there 
are  six  pairs.    Such  a  practice  Was  tolerated. 


Euripides  remarks,  only  because  the  aadicnoes 
of  Aeschylus  had  been   accustomed  to  it  bj 
Phrynichus.    The  Aeschylean  treatment  of  the 
Chorus  bears,  in  fact,  some  impress  of  the  still 
recent  period  when  the  Chorus,  and  not  the 
dialogue,  had  been  ''  protagonist : "  the  Choros 
has  lost  its  old  primacy,  but  it  still  clsiau  a 
large  share  of  attention.    Here,  as  in  c^her 
respects,  Sophocles  represents  a  golden  meaiL 
Nothing  could  be  more  perfect  than  his  mansge- 
ment  of  the  Chorus,  given  the  two  eonditioiis 
under  which  he  worked — ^vis^  a  matured  drains, 
in  which  the  dialogue  necessarily  holds  the  fint 
place ;  and  secondly,  the  requirement  that  the 
Chorus  should  continue  to  be  an  organie  pert  of 
such  drama.    His  choral  odea  have  always  t 
direct  bearing  on  the  action,  by  commenting  ioa 
what  has  passed,  by  preparing  t^e  nnnd  for 
what  is  to  come,  and,  generally,  by  attvning 
the  thoughts   of   the  spectator  to   sooeesiive 
moods,  in  harmony  with  the  progress  of  tJM 
action.      Then  they  are   always  of  modente 
length,  and  often  very  shorL    Eoripidfli  msrks 
a  third  phas&    The  Chorus  is  now  little  more 
than  an  external  adjunct  to  the  drama;  the 
choral  songs  have  often  nothing  to  do  with  tbe 
action.    Tjiis  could  hardly  be  araded.    The 
Chorus  presented  difficnltiea  to  a  poet  who,  like 
Euripides,  was  beginning  a  transition.    When 
the  gods  and  heroes  were  handled  in  the  ntw 
spirit,  the  old  meaning  of  the  Chorus  wss  lost 
It  is  not  a  reproach  to  Euripidea,  it  is  rsther  s 
proof  of  insist,  that  he  modified  the  use  of  tbe 
Chorus  in  accordance  with  his  dramatic  sim, 
and  in  perhaps  the  best  manner  which  that  aha 
permitted. 

The  Chorus  was  trained  and  equipped  by  the 
choregus  whom  the  Archon  had  assigned  to  the 
poet[CHOBU8;  THEiLlBl7M3-  The  tragic  choTU 
of  fifteen  entered  the  orcbastra  three  abresst: 
this  was  the  arrangement  adled  mrk  ^relx^f 
C<  in  files  ").  The  o^AirHr  walked  in  front  The 
leader  of  the  Chorus  (icofif^aSss)  walked  third  ia 
the  file  nearest  the  spectatoza.  The  two  lesden 
of  hemichoria  were  next  to  him— one  in  fiwat  of 
him,  as  second  man  of  the  file,  and  the  ether 
behhid  him,  as  fourth.  On  reaching  the  orche- 
stra, the  Chorus  made  an  erolation  to  the  right, 
so  as  to  change  from  three  fUea,  five  deep,  iato 
three  ranks,  facing  the  actonv  with  6v  men  in 
each  rank.  This  was  the  disposition  lemrk  (vy^ 
The  file  of  five  men  who»  on  enteringy  had  been 
nearest  the  spectators,  now  formed  the  front 
rank :  the  coryphaeus  was  in  the  middle  of  it, 
having  on  his  right  and  left  the  half«chona- 
leaders,  who  were  thence  called  vepatrirm. 
In  dialogue  between  the  aoton  and  the  Chenis, 
the  coryphaens  spoke  for  the  Ohoms.  It  is  sbo 
possible,,  though  not  certain,  that  he  slooe 
recited  any  anapaests  which  belonged  to  tbe 
choral  part.  In  the  delivery  of  choral  odes  the 
strophe  was  accompanied  by  a  daace-movcmcat 
towards  the  right,  and  the  aatistrophe  by  a 
corresponding  movement  towards  the  left; 
while,  during  the  singing  of  the  epode,  the 
Chorus  remained  stationary.  It  would  sppcsr 
that,  at  least  in  some  cases^  the  fnnetioBS  of 
singing  and  dancing  were  divided ;  one  part  of 
the  Chorus  execut^  the  dance,  while  another 
sang.  The  dance  proper  to  Tragedv  (f  rpeiytK^ 
ipxilfftt)  was  tedinically  called  ^^ifisAcia,  a  nsae 
denoting  stately  movement  in  time  to  music: 


TBAGOSDIA 


TBAGOEDIA 


868 


a*  the  danoe  of  Comedy  was  the  *^||j^9  ^nd 
that  of  aatfric  drama  the  ciicunnt.    The  Mp- 
XiffMi    ■omatimeg  introduced  in  Tragedy,  either 
incidentallj  or  in  the  place  of  a  regular  choral 
staaimon — wai  a  more  lively  dance,  a  kind  of 
ballet,  in  which  the   beet   dancers   appeared, 
adapting  their  morementa  to  the  lenie  of  the 
words  sung  by  the  other  choreutae.    Sophocles 
often  employs  it  to  express  sudden  emoUons  of 
delight  or  hope,— especially  for  the  purpose  of 
contrast,  when  a  tragic  catastrophe  is  at  hand. 
In  a  KOft4i6sf  or  lyric  dialogue  between  actor  and 
Chorus,  parts  were  sometimes  assigned  to  single 
choreutae.    The  verses  with  which  the  Chorus 
close  a  tragedy  were  not  attended  by  dancing, 
but  were  recited  to  a  musical  accompaniment. 
Am  a  rule  the  Chorus  consists  of  persons  belong- 
ing to  the  scene  of  the  action.    In  such  cases 
the  Chorus  entered  the  orchestra,  and  left  it  at 
the  close  of  the  play,  by  the  entrance  on  the 
spectator's  right  hand.    But  the  entrance  on 
his  left  was  used  if  the  Chorus  represented 
strangers  to  the   place,  as  in  Aesch.  8uppl,\ 
Soph.  Pha. ;  Eur.  Bappl,,  I<m,  Iph,  m  Aul,    With 
regard  to  the  first  song  of  the  Chorus  on  enter- 
*  ing  the  orchestra  (vd^oSof ),  the  extant  plays 
illustrate  three  different  cases.    (1.)  The  plav 
can  begin  with  this  irdpodot :  as  Aesch.  I^pfi, 
and  Fers,    (2.)  The  Chorus  may  enter  to  the 
anaepaestic  chant  after  the  900X0701:   as  in 
Soph.  Ant.  and  Aj,    (3.^  The  Chorus  may  enter 
silentlT,  after  the   TpoAoyot,  and  then  begin 
the  vdpoias :  as  in  Aesch.  P.  F.,  Soph.  £/.,  imd 
often.    In  some  exceptional  instances  the  drama 
required  that   the  Chorus  should    enter,  not 
tn  regular  procession,  but  singly  or  In  small 
groups   (awopd8i|y);    as  in  Aesch.   2%s6.  and 
Soph.  0,  a    The  costume  of  the  Chorus  was, 
like  that  of  the  acton,  conventional— «  chiton, 
made  shorter  than  the  actor's,  for  convenience 
in  dancing— -and  a  himation.    If  the  Chorus 
represented  mourners,  they  could  be  attired  in 
dMrk-coloured  garments   (cf.  Aesch.  Cho,  19). 
Where  the  Chorus  represented  sailors  (as  in 
Soph.  Aj.  and  PkSL)  hats  (iriXoc)  may  have  been 
worn ;  in  the  BaccJia$  of  Euripides,  the  Chorus 
seem  to  have  carried  the  riikwvam  of  Bacchants 
(v.  58X     Bat  the  general  type   of  costume 
remained  the  same,  whatever  was  the  special 
character  of  the  Chorus.   Instead  of  the  i/tiifnis 
of  the  tragic  actor,  they  wore  the  half-boots 
called  jr^ifviSct,  which  were  sometimes  white. 
In  satyrie   drama  the  Chorus  wore  a  close- 
fitting  dress  (amftdriow)  representinff  the  naked 
form,  with  a  short  apron  (or  girdle)  of  goat's 
skin. 

J%€  IfmovatumB  of  £unpid$§. — ^The  unsparing 
satire  of  Aristophanes,  amusing  and  often  in* 
atructive  as  it  is,  must  not  blind  us  to  the  nobler 
side  of  the  effort  made  by  Euripides  to  maintain 
the  place  of  Tragedy  as  a  living  force  in  the 
spiritual  life  of  Athens.  A  change  was  coming 
over  the  old  mental  attitude  of  Athenians  to- 
wards the  popular  religion  and  the  consecrated 
mythology.  A  large  and  increasing  proportion 
of  the  spectators  in  the  theatre  was  now  destitute 
of  the  training,  musical  and  poetical,  which 
earlier  poets  could  take  for  granted.  The  spirit 
of  his  age,  and  the  bent  of  his  own  genius,  led 
Euripides  to  renounce  much  of  the  ideiu  grandeur 
with  which  Tragedy  had  been  invested  by  Aes- 
chylus and  Sophocles.    He  made  a  step  from 


typical  towards  individual  portraiture,  relying 
on  the  delineation  of  human  passion  and  human 
suffering  in  traits  with  which  the  ordinary 
spectator  could  sympathue.  He  was  not  afraid 
of  being  homely,  so  long  as  he  touched  the 
springs  of  natural  feeling. 

At  first  sight  it  might  seem  that,  in  a  drama- 
tist, such  a  conception  deserves  nothing  but 
praise.  The  praise  awarded  to  it  must,  however, 
be  tempered  by  regard  for  the*  conditions  under 
which  the  experiment  was  made.  Euripides 
was  not  the  unfettered  creator  of  a  new  drama. 
He  inherited  and  maintained  the  old  framework 
of  Attic  Tragedy.  He  had  still  only  three 
actors.  He  had  still  a  Chorus  in  the  orchestra. 
His  materials  were  still  drawn  exclusively  ftrom 
the  heroic  myths.  Such  Tragedy  could  be  great 
only  so  long  as  it  was  ideaL  Every  step  by  whidi 
its  persons  were  brought  nearer  to  everyday  life 
was  a  step  which  increased  the  danger  of' bur- 
lesque. This  fact  is  the  element  of  justice  in 
the  attacks  made  on  Euripides  by  Aristophanes. 
Euripides  gave  a  signal  proof  of  original  genius, 
not  only  in  the  boldness  of  his  conception,  but 
also  in  the  degree  of  success  with  which  he 
executed  it.  Nevertheless  his  effort  was  fore- 
doomed to  the  measure  of  failure  which  attends 
on  artists  who,  in  seeking  an  impossible  con- 
ciliation, achieve  only  a  clever  compromise. 
Euripides  stands  between  ideal  and  romantic 
drama ;  his  Tragedy  has  lost  the  noblest  beauty 
of  ideaUsm,  without  attaining  to  the  full  charm 
of  romance.  But,  just  for  that  reason,  it  was 
through  Euripides,  rather  than  through  Aes- 
chylus or  Sophocles,  that  the  tradition  of 
Tragedy  was  derived  in  the  later  periods  of 
ancient  literature. 

We  said  above  that  the  Aristophanic  jests  on 
Euripides,  however  unfair,  are  often  instructive, 
lliis  is  particularly  true  of  the  satire  in  the 
Frogs.  It  shows  us  the  points  in  which  Eu- 
ripides seemed  an  innovator  to  those  who  were 
fiuniliar  with  the  older  school  of  Tragedy.  One 
such  point  was  his  use  of  the  prologue  to  intro- 
duce the  persons  of  the  drama  and  explain  its 
subject:— «  clumsy  and  sometimes  ludicrous 
expedient,  which  is  best  excused  by  the  plea 
that  the  spectators,  no  longer  fkmiliar  with  the 
old  mythology,  required  something  in  the  nature 
of  a  modem  |uay-biH.  Another  novelty  ascribed 
to  Euripides  is  his  practice  of  dressing  his 
suffering  heroes  in  rags,— a  detraction  from 
their  dignity  which  probably  struck  Athenians 
all  the  more,  becauae  it  was  also  a  departure 
fhmi  the  conventional  tjrpe  of  tragic  costume 
described  above.  With  regard  to  Uie  frequent 
use  of  the  deu$  ex  mtuAma  which  has  some- 
times been  made  a  reproach  to  Euripides,  it 
is  only  ftdr  to  distinguish  between  two  classes 
of  examples.  In  some  instances  his  deua  ex 
marina  is  really  no  better  than  a  mechanical 
expedient :  this  might  be  said  of  the  Antb/vmachg 
and  of  the  Oreiies.  But  in  some  other  cases  the 
intervention  is  dramatically  warranted  by  the 
plot,  as  in  the  ffippolytus  and  in  the  Baochae, 
In  respect  to  lyrics,  Aristophanes  represents 
Euripides  as  having  admitted  the  more  florid 
style  which  was  becoming  fashionable,  and 
having  thus  destroyed  the  grave  dignity  of  the 
old  choral  song.  The  extant  plays  of  Euripides 
indicate  that  there  was  some  ground  for  this 
charge:   jingling    repetitions  of  single  words 


864 


TBAGOEDIA 


TBAOOEDIA 


are  especially  frequent ;  no  -  fewer  than  sixteen 
instances  occnr  in  150  lines  of  the  Orestes. 
Bat  the  most  important  innovation  made  bj 
Enripides  in  the  lyric  prorince  was  the  in> 
troduction  of  florid  lyric  solos  (jxoy^lai)y  to 
be  snng  by  an  actor  on  the  stage.  Perhaps 
the  cleverest  stroke  in  the  Frogs  is  the  parody 
of  such  a  fwv^Zia  (1331  ff.),  in  the  course 
of  which  the  hapless  heroine  describes  herself 
as  xIpov  futrrhp  ArpoKTOP  |  clcictficiciA(0'<rovo'a 

X^poiP. 

After  400  B.C.  Greek  Tragedy  declined. 
Nnmerous  tragic  poets  appeared,  indeed,  who 
won  more  or  less  applause  from  their  contem> 
poraries ;  but  no  one  of  them  rivalled  the  great 
masters.  In  the  fourth  century  B.C.  an  ordinance 
was  made  that  some  work  of  Aeschylus,  Sopho- 
cles, or  Euripides  should  always  be  produced  at 
ihe  Dionysia  along  with  the  new  tragedies. 
Lycurgus  (cere.  330  B.C.)  caused  a  standard  text 
of  those  three  poets  to  be  deposited  in  the 
public  archives,  with  a  view  to  guarding  against 
further  corruption  by  actors;  and  this  text 
afterwards  passed  into  the  possession  of  Ptolemy 
Energetes  (247-222  B.C.).  Down  to  about 
300  B.G.,  Athens  continued  to  be  the  chief  seat 
of  Tragedy.  Alexandria  afterwards  became  so ; 
and  under  the  Ptolemies  tragic  composition 
had  many  votaries.  Among  these  were  the 
seven  poets  who,  in  the  reign  of  Philadelphus 
(283-247  B.C.),  were  known  as  <*the  tragic 
Pleiad."  It  was  in  217  A-D.  that  the  edict  of 
Garacalla  abolished  theatrical  performances  at 
Alexandria. 

Aristotle  defines  Tragedy  as  the  imitation  of 
an  action  which  is  serious,  complete  in  itself, 
and  of  a  sufficient  magnitude  or  compass.  The 
instrument  of  imitation  is  language,  made  de- 
lightftil  to  the  hearers,  either  (a)  by  metre 
alone,  or  (6)  by  metre  combined  with  music. 
Farther,  this  language  is  not  used  in  the  way 
of  narrative  merely,  but  is  conjoined  with 
action  on  the  part  of  the  speakers.  The  ele- 
ments of  Tragedy  are  six  in  numher  i—fAvBos, 
the  story ;  ^9ij,  the  moral  qualities  of  the 
persons ;  X^|ts,  the  verbal  form ;  Zidyota,  the 
thoughts  or  sentiments ;  6^is,  the  presentation 
to  the  eye  (under  which  Aristotle  includes  not 
merely  scenic  accessories  of  every  kind,  but  also 
gesture  and  dancing) ;  /icXoirocta,  musical  com- 
position. In  every  tragedy  there  is  94trts,  a 
tying  of  a  knot,  and  Xi^is,  a  solution.  The 
most  effective  kind  of  X^<ris  is  that  which  is 
introduced  by  a  ircpiir^cia,  a  sadden  reversal 
of  fortune  for  the  persons  of  the  drama ;  or  by 
an  da^oyp^purtSf  the  discovery  of  a  previously 
concealed  relationship  between  the  persons.  The 
kpceyp^pitfis  may  or  may  not  be  accompanied 
by  a  ircpur^h-cio.  A  ySi^os  is  said  to  be  ireirXeT^' 
fiipot  when  it  involves  a  ircpiircrcia,  an  &ya- 
yp^ptatSi  or  both.  It  is  oirXoSt  when  the  Xittns 
is  managed  without  either.  Again,  a  tragedy 
is  mdnru^  when  the  chief  person  acts  mainly 
under  the  influence  of  ir^os,  a  strong  impulse 
of  the  mind, — as  Medea  does.  It  is  ^9u^  when 
the  chief  person  acts  mainly  in  accord  with  a 
deliberately  formed  purpose  (irpoafpccris),  as 
Antigone  does.  As  to  the  so-called  **  unities," 
the  unity  of  actum  is  the  only  one  upon  which 
Aristotle  insists.  The  action  represented  by  j 
tragedy  must  be  (me ;  it  must  not  be  a  series  of  i 
incoherent  or  loosely-linked  episodes.     About  | 


the  unity  of  place  he  says  nothing  at  all.  As  to 
the  unity  of  tifne^  he  says  that  Tragedy  now 
seeks,  as  far  as  possible,  to  confine  the  tapposed 
action  within  the  compass  of  a  single  daj,  or 
nearly  so :  but  the  earliest  form  of  Tragedy,  he 
adds,  did  not  even  do  this;  in  it,  jost  as  in 
epic  poetry,  the  time  was  indefinite.  Viewed 
as  a  composition.  Tragedy  consists  of  the 
following  parts;  which  are,  in  Aristotle** 
phrase,  the  fi4fn^  kot^  t^  wotr6p,  as  distin- 
guished from  the  six  elements  named  above, 
which  are  the  iidpri  icark  rh  inH6p,  All  that 
part  of  a  tragedy  which  precedes  the  first 
choral  song  is  called  wp6Koyos,  The  part  which 
comes  between  two  choral  songs  is  an  hnt- 
(r69iop  (a  term  probably  derived  from  the  re- 
appearance, iwtlffoioSf  of  the  single  actor  in 
primitive  Tragedy).  The  f(odof  is  the  part 
after  the  last  choral  song.  The  WpoSos  is  the 
first  utterance  of  the  whole  Chorus.  The  eri" 
atfxop  is  **  a  choral  song  without  anapaests  or 
trochaics : "  ue.,  not  preceded  by  an  anapscstic 
march,  like  the  wdpoBosj  nor  interruptod  by 
dialogue  in  trochaic  tetrameters,  such  as  that 
which  the  Chorus  in  the  Agamemmcn  (adfi%.) 
holds  with  the  actors.  The  term  ariffifuw 
fi4\os  means  literally,  a  song  by  the  Chorus  '*at 
its  station  "  in  the  orchestra.  A  ttoft/ths  is  a 
dprjpos  Koiphs  X^/^i'  '^^  ^'^  amipiitt  a  lyric 
lament,  sustained  partly  by  the  Chorus  and 
partly  by  an  actor. 

Tragedy  is  described  by  Aristotle  as  9i  ikiw 
Kot  ^/3ov  w€ptdpov<ra  t^k  twp  roiaOrmp  vtBnfii- 
rmp  icdBapaiPf  "  effecting,  by  means  of  pity  sad 
terror,  that  purgation  (of  the  soul)  which 
belongs  to  (is  proper  for)  such  feelings."  The 
word  K^Bapats  involves  a  medical  metaphor, 
from  the  use  of  purgatives.  Tragedy  excites 
pity  and  terror  by  presenting  to  the  miod  thiags 
which  are  truly  pitiable  and  terrible.  Now, 
pity  and  terror  are  feelings  natural  to  men ;  but 
they  are  often  excited  by  unworthy  causes. 
When  they  are  moved,  as  Tragedy  moves  them, 
by  a  worthy  cause,  then  the  mind  experiences 
that  sense  of  relief  which  comes  from^inding 
an  outlet  for  a  natural  energy.  And  thus  the 
impressions  made  by  Tragedy  leave  behind  them 
in  the  spectator  a  temperate  and  harmonioa^ 
state  of  the  soul.  Similarly  Aristotle  speaks  of 
the  enthusiastic  worshippers  of  Diooysus  u 
obtaining  a  KiBapoit^  a  healthful  relief,  by  the 
lyric  utterance  of  their  sacred  frenzy  :---8rar 
i^oprfidiitioi  r^y  ^^V  ftdKtai,  §Ba$urrafUp9»i, 
&(nt€p  iarpttas  rvx&P^eLS  koI  KoBaprtms  (Po/. 
viii.  7). 

Of  the  three  great  tragedians,  Sophocler 
seems  to  have  been  on  the  whole  the  ftvourite 
of  Aristotle,  who  refers  to  him  in  the  Fodicr 
about  twenty  times,  and  in  all  cases,  except 
three,  with  praise.  The  Oedipus  IVroamct  is 
cited  in  no  less  than  ten  places.  Earipidcs  i.< 
defended  against  the  critics  who  had  complained 
that  his  plays  usually  ended  unhappily;  this 
says  Aristotle,  is  right  in  Tragedy,  and  the 
proof  is  that  Euripides,  ''although  a  ftuHj 
composer  in  other  respects,  is  found  to  be  at 
least  the  most  tragic  of  poets "  (ci  «al  rk  lAAs 
fi^  c9  ohcopofuif  kXXh  rpayutiregrh  yt  vm*" 
irotrrrAp  ^ofyeroi :  Poet.  13).  By  **  most  tragic  |^ 
b  here  meant,  "  exciting  pity  most  stroBf Ij/* 
— «*mofit  pathetic."  But  in  Aristotle's  other 
notices  of  Euripides  censure  decidedly  predomi- 


TBAQOEDIA 


TBAGOEDIA 


865 


nates  over  praise.  Aesehjlos  is  named  only 
thrice  in  the  Foetka:  there  are  farther  three 
citations  of  his  plajs  without  his  name.  Ari- 
atotle  seems  to  regard  him  as  belonging  to  a 
period  when  the  proper  type  of  Tragedy  had 
not  yet  been  matured.  In  this  connexion  it 
may  be  noticed  that  not  only  are  the  terms 
'' trilogy"  and  •< tetralogy"  absent  from  the 
PoeiicSf  but  there  is  no  indication  in  the  treatise 
that  tragedies  bad  ever  been  produced  other- 
wise than  singly.  In  one  place,  indeed  (c  24), 
then  is  a  nference  to  ''the  number  of  tra* 
gedies  set  for  one  hearing"  (t.e.  performed  in 
one  day);  but  nothing  in  the  context  forbids 
OS  to  suppose  as  many  poets  as  pieces.  The 
reason  of  this  silence  is  simply,  doubtless,  that 
the  grouping  of  plays  in  representation  was 
foreign  to  the  subject  with  which  Aristotle  was 
immediately  concerned, — viz.  the  analysis  of 
Tragedy  considered  as  a  form  of  poetical  art. 
Indeed,  the  scenic  aspect  of  drama  generally 
Teceires  comparatively  little  attention  from 
him.  The  production  of  scenic  effects  (jknpryaffia 
tAt  if^imp)  is  the  afiair  of  the  stage-manager. 
The  art  of  the  actor,  again,  is  but  slightly 
touched,  since  it  lies  outside  of  the  poet  s 
domain. 

The  Didfuoaiiae, — Aristotle  compiled  a  work 
called  ^liaffKuXlatf  "Dramatic  performances," 
being  a  list  of  the  tragedies  and  comedies  pro- 
duct at  Athens  in  each  year.  His  materials 
were  contemporary  records.  In  the  5th  century 
B.a  it  had  been  customary  for  the  archon,  after 
'each  festival  at  which  dramas  had  been  per- 
formed, to  draw  up  a  list  of  the  competing 
poets,  the  choregi,  the  plays,  and ,  the  prot- 
agonists, with  a  notice  of  the  order  in  which 
the  judges  had  placed  the  competiton.  This 
record  was  preserved  in  the  public  archives. 
At  some  time  between  450  sind  400  B.a  it 
became  usual  to  engrave  such  a  record  on  a 
«tone  tablet,  and  to  set  it  up  in  or  near  the 
Dionysiac  theatre.  Further,  the  choregus  whose 
|)oet  gained  the  prize  received  a  tripod  from  the 
state,  and  erected  it,  with  an  inscription,  in  the 
aame  neighbourhood.  Aristotle's  compilation 
has  perished,  but  its  nature  is  known  from 
citations  of  it  which  occur  in  the  Graek  Argu- 
ments to  some  plays,  in  scholia,  and  in  late 
writen.  There  are  altogether  thirteen  such 
citations,  five  of  which  cite  the  AidoincoAdu 
with  Aristotle's  name,  and  eight  without  it. 
They  are  collected  in  the  Berlin  Aristotle  (vol.  v. 
p.  1572).  About  260  B.C.  the  Alexandrian  poet 
Callimachus  compiled  another  work  of  the  same 
kind,  lUva^  koX  &mrypa^  r&v  icarA  xP^'^v'  ^""^ 
ibpX^f  y^foiAiiwmv  tttuffKaKwv,  **Ji.  table  and 
record  of  dramatic  performances  from  the 
earliest  times."  He  made  use  of  Aristotle's 
AOwntaXiat  (Schol.  Ar.  Nub.  552).  Works  of  a 
aimilar  kind  were  written  by  Aristophanes  of 
Bvsantium  (circ.  200  B.C.),  and  by  other  scholars 
of  Alexandria  and  of  Pergamum.  Several  of 
these  writings  wera  extant  as  late  at  least  as 
150  A.D.  This  appean  from  Athenaens,  who 
was  able  to  consult  the  AtdcuriraAiai  of  Calli- 
machus  and  Aristophanes,  as  well  as  '*  the  Per- 
gamene  records"  (Athen.  p.  336  c).  Among 
the  anthon  of  the  last-named  was  Carystius  of 
Pergamum  (circ.  110  B.C.),  who  wrote  ircpl 
Ai9affKa\imw,  The  period  covered  by  the  extant 
fragments  of  AtZaffKoXtat  ranges  from  472  B.C. 
VOU  II. 


(Arg.  Aesch.  Penae)   to  388  B.a  (Arg.  Ar. 
Pha.). 

Roman  Tsaoedt. 

The  first  half  of  the  3rd  century  B.a  was  the 
period  at  which  the  influence  of  Greek  literature 
began  to  be  directly  felt  by  the  Romans.  Ta- 
rentum  was  the  greatest  of  the  Greek  colonies 
in  Southern  Italy.  After  the  fall  of  Tarentum 
in  272  B.C.,  the  intercourse  between  Romans 
and  Greeks  became  more  familiar.  In  the  Fint 
Punic  War  (263-241  aa)  Sicily  was  the  prin- 
cipal battle-ground ;  and  in  Sicily  the  Romans 
had  ample  &cilities  for  improving  their  acquaint- 
ance with  the  Greek  language.  They  haid 
also  frequent  opportunities  of  witnessing  Greek 
plays.  Just  after  the  dose  of  the  war  the  first 
attempt  at  a  Latin  raproduction  of  Graek 
tragedy  was  made  by  Livius  Andronicus  (240 
B.C.).  He  wss  a  Greek,  probably  of  Tarentum, 
and  had  received  his  freedom  from  his  master, 
M.  Livius  Salinator,  whose  sons  he  had  educated. 
He  then  settled  at  Rome,  and  devoted  the  rest 
of  his  life  to  literary  work.  It  may  be  con- 
jectured that  most  of  his  plays  were  translated 
from  the  Greek.  All  of  them,  so  far  as  we 
know,  were  on  Greek  subjects.  Among  the 
titles  are  Aegisthux,  Ecus  Trojanus,  Ajax, 
Tereuty  HermioM,  His  Latin  style  appean  to 
have  been  harsh  and  crude.  '*  Uvianae  £sbulae 
non  satis  dignae  quae  iterum  legantur"  is 
Cicero's  concise  verdict  {Brutus^  18,  71). 

Five  yean  afler  the  fint  essay  of  Livius  An- 
dronicus, a  Latin  dramatist  of  gnater  originality 
came  forward  (235  B.C.).  On.  Naerius  was  pro- 
bably a  Campauian ;  and  the  racy  vigour  with 
which  he  could  use  his  native  language  entitles 
him  to  be  ragarded  as  the  earliest  Roman  poet. 
Comedy  was  the  form  of  drama  in  which  Naeviua 
chiefly  excelled ;  and  he  turned  it  to  the  purposes 
of  political  strife,  in  a  spirit  similar  to  that 
of  Aristophanes.  But  he  was  idso  a  writer  of 
tragedy.  His  Lycitrgut  was  akin  in  theme  to 
the  Baochae  of  £nripides ;  while  the  titles  of  his 
Andrwnaohe,  Ecus  Tr<ijanu»^  and  Hector  Pro* 
ficisceru^  show  that,  like  Livius,  he  draw  largely 
on  the  Trojan  cycle.  At  the  same  time  he 
occasionally  composed  tragedies  founded  on 
Roman  history,  or,  as  they  wen  technically 
called,  fabulM  praHextatae,  The  earliest  prae- 
textatae  on  record  ara  his ;  one  of  them  was 
called  Bomulua.  In  the  scanty  fragments  of  his 
works  we  can  recognise  his  ardour,  his  s^f- 
oonfidence,  his  somewhat  aggressive  vigour,  and 
his  gift  for  terse  and  nervous  expression,  of 
which  the  famUiar  *'laudari  a  laudato  viro  "  is 
a  specimen. 

The  career  of  Naeviua  was  drawing  to  a  close 
when  Q.  Ennius  came  to  Rome  (204  B.C.). 
Ennius,  a  native  of  Rudiae  in  Calabria,  was 
serving  as  a  centurion  with  the  army  in  Sar- 
dinia, when  Cato  arrived  there  as  quaestor. 
£nnius  followed  Cato  to  Rome;  acquirad  the 
Roman  citizenship  in  184  B.C.;  and  made  his 
permanent  abode  on  the  Aventine.  Hen  we 
have  to  do  with  his  work  only  so  far  as  it 
concerned  Tragedy.  Although  his  Annals  and 
his  Satires  wen  more  characteristic  products 
of  his  genius,  he  was  also  the  most  popular 
tragic  dramatist  who  had  yet  appeared;  and 
it  was  due  to  him,  in  the  first  instance,  that 
Roman  Tragedy  acquired  the  popularity  which 

3  K 


a66 


TRA60EDIA 


it  retained  down  to  the  days  of  Cicero.  About 
twenty-five  of  his  tragedies  are  known  by  their 
titles.  Two  of  these  were  praetextatae, — one 
of  which,  called  Sabinae,  dealt  with  the  inter- 
vention of  the  Sabine  women  in  the  war 
between  Bomnlus  and  Tatins;  while  another, 
the  Ambnusiaf  turned  on  the  capture  of  the 
town  of  Ambracia  in  the  AetoUan  war.  The 
other  pieces  were  on  Greek  subjects, — about  one 
half  of  them  being  connected  with  the  Trojan 
war.  His  Medga  was  translated  from  the  play 
of  £uripide8,  and  the  opening  lines,  which  are 
extant,  indicate  that  the  version  was  a  tolerably 
close  one.  They  have  a  certain  rugged  majesty 
which  agrees  wHh  Horace's  description  of  the 
style  used  by  Ennius  in  Tragedy,'--^  In  scaenam 
missos  magno  cum  pondere  versus." 

M.  Pacuvius,  a  nephew  of  £nnius  by  the 
mother's  side,  was  a  native  of  Bmndusium. 
He  is  thus  the  third  instance  (Uvius  and  Ennius 
being  the  two  ethers)  in  which  early  Roman 
drama  is  associated  with  South  Italian  birth. 
Pacuvius  was  bom  about  219  B.C.,  and  lived  to 
the  age  of  ninety.  Of  his  tragedies,  one,  called 
PaWiis,  was  a  praetextata;  twelve  more  are 
known  to  have  been  on  Greek  subjects;  and 
among  these  one  of  the  most  celebrated,  the 
Antiopef  was  a  translation  from  Euripides. 
Some  remarkable  fragments  of  his  C%rysfs--a 
tragedy  concerned,  like  his  Dvlorestes,  with  the 
wanderings  of  Orestes  in  search  of  Pylades — 
disclose  the  growth  of  a  Boman  interest  in 
physical  philosophy,  and  also  in  ethical  ques- 
tions. About  400  lines  of  Pacuvius  are  extant, 
but  many  of  these  are  merely  single  venes, 
preserved  by  grammarians  as  cfxamjples  of  strange 
words  or  usages.  Much  as  Pacuvius  was 
admired  on  other  grounds,  his  Latinity  was  not 
accounted  pure  by  Cicero,  who  couples  him 
with  the  comic  poet  Caecilius  in  the  censure, 
**  male  locutos  esse  "  (BruiuSy  74, 258).  Pacuvius 
was  prone  to  coin  new  forms  of  words  (such  as 
tenmitvdo,  eonoorditas),  and  carried  the  invention 
of  compound  adjectives  to  an  extent  which 
sometimes  became  ludicrous,^-as  in  ^  Nerei  re- 
pandirostrum  incurvicervicum  pecus." 

L.  Attius  was  bom  at  Pisaurum,  a  Roman 
colony  in  Umbria,  in  170  B.a  The  forms  Attius 
and  Accins  are  equally  well-attested ;  but  in  the 
Imperial  age  the  form  with  tt  became  pre- 
dominant ;  and  the  Greeks  always  wrote  'Attios 
rTenffel,  Btst,  Botn.  Lit  §  119,  1).  The  aged 
Pacuvius,  having  left  Rome  in  ill-health,  was 
spending  the  evening  of  his  days  at  Brundusium, 
when  Attius,  then  a  young  man,  passed  through 
that  place  on  his  way  to  Asia.  Attius  was 
entertained  by  Pacuvius,  and  read  to  him  his 
tragedy  Atreus,  The  old  man  found  it  *'  sono- 
rous and  elevated,  but  somewhat  harsh  and 
crude;"  and  the  younger  poet,  admitting  the 
defect,  expressed  ms  hope  that  the  mellowing 
influence  of  time  Would  appear  in  his  riper 
work.  The  excellences  which  Pacuvius  recog- 
nised must  have  been  present  in  the  maturer 
writings  of  Attius,  whom  Horace  calls  **  altus," 
and  Cicero,  *'  gravis  et  ingeniosns  poeta."  Tiie 
harshness  of  his  earlier  style  was  due,  perhaps, 
to  a  youthful  excess  of  that  "  nervous  and  im- 
petuous '*  character,  as  Cicero  calb  it  (de  Orat, 
iii.  58,  217),  which  afterwards  dbtinguished  him, 
and  which  Ovid  expresses  by  the  epithet  arU' 
mosus.    Attius  was  far  the  moat  productive  of 


TBAOOKDIA 

the  Roman  tragic  dramatists.  The  extant 
notices  and  fragments  indicate,  aoeoidiog  to  one 
estimate,  about  37  pieces ;  according  to  another,  J 
about  50.  Two  of  these  were  proBteriatae ; — 
the  fruhis,  on  the  downfall  of  the  Tarquins; 
and  the  Aeneadaet  dealing  with  the  legod  of 
the  Decius  who  devoted  himself  at  the  tettle  of 
Sentinuni.  There  are  indieatioos  that  Attius 
was  a  student  of  Sophodes,  though  Eoripidss 
was  probably  his  chief  modeL  Thus  the  ▼erse 
in  his  Armontm  wdiehun  (fr.  lOX  **  virtati  sis 
par,  diapar  fortunis  patris,"  is  translated  from 
Soph.  At,  550  f.  Among  his  otlier  celebrated 
tragedies  were  the  Atrema,  Epigou^  PkHocUta, 
Af&gonOf  Teiephug.  Gictro,  in  his  youth,  had 
often  listened  to  the  reminisosnoes  of  Attiu 
(Bruiutj  28,  107>  The  poet,  who  was  lixty- 
fonr  at  the  date  of  the  orator's  birth  (106 
B.a),  must  therefore  have  lived  to  an  adraDoed 
age. 

The  period  from  240  to  100  RfiL  is  the  first  t 
period  in  the  history  of  Roman  poetry  and  ors-  * 
tory.  And  the  century  from  800  to  100  BjC.  marks 
the  flourishing  age  of  Roman  Tragedy,  as  culti- 
vated by  Ennius,  Paonvius,  and  Attius.  Bat 
Tragedy  continued  to  be  a  &vouTite  fonn  of 
composition  in  the  later  years  of  the  Bcpoblic 
and  in  the  earlier  part  of  the  Imperial  age.  It 
became,  however,  more  and  more  a  literary 
exercise,  less  and  less  a  form  of  pMtiy  whick 
could  appeal  with  living  force  to  the  mind  of 
the  people.  In  tha  Avgoitan  age  C.  Annies 
Pollio  wrote  tragedies  which  seem  to  hare  beca 
acted.  Virgil's  weU-known  praise  of  them,  as 
^sola  Sophodeo  digna.  oothumo,"  must  be 
qualified  by  the  criticism  in  the  Bkiogiu  de 
Oratonbua  (c.  21^  where  Tadtus  obserres  that 
the  harshest  traits  of  earlier  Roman  tragtdj 
were  reproduced  in  the  atyle  of  PoUio  (''adso 
durus  et  sicona  est").  In  the  same  dialogue 
high  praise  is  gi^on  to  the  Meiea  of  Grid  sad 
the  TkyestM  of  Varins  (c  12).  No  fbymeat  of 
this  Medea  remains,  except  a  lew  wonu  quoted 
by  Quintiiian  (xii.  10,  75).  Of  the  Tkyetta 
Quintiliaa  says  that  *'  it  is  comparable  to  asy 
Greek  Tragedy"  (x.  1,  98);  and  in  aaotha 
place  he  quotes  it  (iii.  8,  45).  Two  anapaestic 
fragments  are  also  extant  (Ribbeck,  Frag,  Lot. 
p.  195  f.>  But  for  Ovid  and  for  Yarios,  as 
for  other  lem  famous  poets,  Tragedy  was  now  a 
mere  wdpcpTor,  a  field  into  which  they  mi^t 
make  occasional  excuntions,  not  the  prorinoe  of 
poetry  in  which  they  sought  to  establish  their 
permanent  renown.  In  4he  middle  of  the  lit 
century  a.d.  we  have  eight  tragedies  on  Greek 
subjects  by  L.  Annaens  Seneca :  neradet  Furent, 
ITiyesteSy  PhaedrOj  (hdipma^  Dnoades  (Beci^)f 
Mwiea,  Agamemnon,  Hervuiee  Oetaeus;  also  part 
of  an  Oedipue  Ceionene  (362  lines),  and  of  a 
Pkoeniseae  (302).  A  prakextata  called  Odmia, 
which  was  formerly  ascribed  to  Seneca,  was 
certainly  of  later  origin.  The  parentage  of  the 
other  tragedies  has  also  been  disputed,  bat  the 
results  of  recent  criticism  confirm  Seacca'f 
authorship.  The  general  ohaiaeteristic  of  tJie 
plays  is  rhetoric  of  the  most  pompous  and  arti* 
fidal  kind.  A  fertile  and  lively  fancy  is  pre- 
sent; the  psychology,  too,  is  often  acute;  but 
there  is  no  depth  either  of  thought  or  of  fceliBg. 
As  most  of  Seneca's  Greek  models  are  extant,  s 
comparison  is  instructive.  It  serves  to  shov 
how  completely,  in  this  latest  age  of  Bomaa 


^^ 


TBAOOEDIA 

Tr^tdy,  Um  Ion  of  dKlamation  had  diipUcad 
■11  regud  fbr  the  Hml  tad  mmdcc  of  tngic  art. 
The  plMM  af  S«a«M  vera  primaiily  d«isa«l, 
doobtlMi, for raoiUUaa ;  bntit ianatinipauible 
that,  in  Nan'a  aga,  tbn  wan  alao  acted ;  and 
•ertainacoiio  hint*  haTebaaa  thought  to  point  in 
that  direation  (a.;.  Pkatdra,  393  t.).  The  lut 
RonuD  wriur  of  Tragedy  laho  cUimi  meatioa 
ia  Coriatini  Hatenini,  whoae  actiTJtj  citeodtd 
from  the  Tei|;n  of  Nero  ta  that  of  Vaapaaian. 
Ha  wroU  both  tngediai  (u  Madta,  ThytttMi) 
and  prattcxtatat  (u  DomiUia,  Cato) ;  and  hii 
cnuDcat  rqtntatlon  li  sttntad  by  HTeral  pe«- 
aaces  in  Uw  Tadteao  Dialogui  (oa.  2,  3,  5,  11). 

In  looking  back  oa  the  eoona  <^  Roman 
Tragedy  aa  ■  whole,  we  aee,  in  the  firat  place, 
that  tat  Incpintlon  and  material  it  waa  aito- 
gathar  daptodant  on  Onece.  Enripidei  val 
mora  aapeoially  the  maiter  of  the  Boman  dra- 
matifta,  bacanae,  in  his  baoda,  Tragedy  had 
became  leaa  diatinctiiely  HelUole,  and  thenfbie 
Qwre  inacaptihla  of  imitation  by  thcae  who 
;.    la  th* 

«Tganie  part  of  drama ;  and 
■atiita  went  only  ooe  atep 
farther  irhen  they  baniihed  the  Chonu  trom 
the  onliaatTa,  kariiig  to  it  merely  an  ooaulonil 
part  in  the  diaiogne.  Lyrici  of  a  simple  cha- 
racter, with  a  mnaical  aocompanlmeat,  aerred, 
•  aocantiuta  the  more  impaiaioned 
a  tragedy;  bat,  aaTs  for 
thea%  the  lyric  oteDmit  oT  iba  gnat  Attic 
drama  had  TWiabad.  In  dlalogiia  the  iambic 
and  trochaic  matiaa  were  retained :  yet  CTen 
bera  the  Koman  imitation  marred  the  Greek 
arigitwl.  Any  foot  poeMble  for  an  iambio  verae 
wai  DOW  admitted  in  any  placa  ueapt  the  laat. 
The  finer  rhythma  were  thni  deatroyod.  Qoiii- 
tilianaHB,  "Comedy  ia  onr  weak  poiDt"(x.  1, 
99).  Bat,  ID  far  ai  the  tragic  tivgmenia 
warrant  a  jndgment,  Roman  Tragady  waa.  In 
(tyle,  mnch  leas  aoccoafal  than  Roman  Gimedy. 
Comedy  had  more  in  common  with  the  aotiirii, 
and  the  acdHm  ia  the  oaa  apeoies  of  compoaitioD 
ia  which  the  Roman  mind  eipreued  itaclf  with 
■  tmly  originat  forca.  [SaTdH^]  At  the  nme 
time  it  i>  clear  that  there  wen  noble  qoalitiei 
in  Um  Roman  Tragedy  of  tbe  Bepablic  It  wai 
marked  by  eanieatneai  and  by  oratorical  power ; 
the  tt^kaa .  of  the  itateaman  and  of  the  soldier 
were  heard  in  it ;  it  Imbned  the  youth  of  Rome 
with  the  "  fae  ct  antiqiu  oaititndo  "  (aa  Attina 
aaye),— with  the  lessons  of  ancestral  fortitude 
and  pmdence;  it  tanght  the  men  wbo  were 
eakqaeiing  the  world  bow  they  sbonld  work, 
how  tbey  ahonld  aafler,  and  how  tbcy  shonid 
role.  So  long  ai  Roman  Tragedy  was  doing 
thif,  it  was  liring,  thengh  its  >]drit  waa  not 
Atheaiao.  Bat  this  moral  and  political  dgni- 
ficanca  departed  with  the  Repablic ;  and  Uien 
it  was  tneTitabU  that  Roman  Tragedy  ehonld 
deaoend  to  the  place  which  it  occupies  under 
the  Empire.  That  noble  form  of  drama  which 
the  Attic  genial  had  matared,  and  which  Is 
first  made  known  to  oi  in  the  majeatic  poetry 
of  Anchylns,  disappears  fVom  the  ancient  world 
in  the  rhetorio  of  Seneca.  [R.  C.  J.] 

TKANSENNA,  lattice-work.  The  word  ia 
naad  (1)  for  a  lattice-work  across  a  wiadow 
rOcnnm,  Vol.  I.  p.  SS6  b},  appareatly  =  the 
..  ,___^ ....,^__»  _,  ^_ —    n   i.  lii.  7, 


TBAFBTDU 


867 


and  this  mnst  be  the  meaalog  in  Cic  cb  Or.  i. 
35,  1S3:  (3)  a  lattice-work  cage  for  trapping 
birds   [see   Tefannces    aader   ACCRFS].       It    la 

poeublc  that  this  was  contrived  by  some  sort 
of  spring,  tbongb  the  pattern  which  Rich  givci 
mnst  be  regarded  only  aa  a  inrmlie:  it  is 
eqoally  pmsible  that  the  tranienaa  may  hare 
been  more  like  an  ordinary  blrdowe,  and  worked 
by  a  decoy.  The  passage  from  Sallust  (qooted 
by  Hacrob.  Sal.  iii.  IS,  S),  where  at  a  theatrical 
entertainment  an  image  of  Victory  is  "damiianm 
in  transenni,"  snggasts  something  of  the  kind 
—  a  large  wicker  cage  endoaing  the  image. 
Serrioi  (ad  Am.  T.  488)  reads  the  passage, 
"  demisanm  tranaenna,"  and  explains  fruuenna 
at  a  rope;  bat  thii  woald  ceitaJnly  not  agree 
with  the  nae  in  Ocero.  [Q.  K.  M.] 

TBANSTBA.    [Natib.] 


>r  performing  tl 
:  of  crashing  t) 


Grtt  proceas  In  oll-maklng,  that  ol 
ollres  (fi*Sy,  dXti>,  fnntgen,  notnY),  si 
separata  the  pnip  from  the  stone.  This  was 
dona  in  early  times  merely  by  treading,  and  it 
seanu  to  ns  that  the  "  canalis  at  aalen^  of  CoL 
liL  63,  6,  which  Blomner  diamlsaee  as  nnio- 
telliglble,  simply  ivfers  to  treading  oDtcs  by  a 
wooden  shoe  (cC  SonLFOHEi),  with  a  pipe  or 
trongh  to  carry  away  the  jnice.  To  this  snc- 
ceadcd  the  mota  oltaria  and  the  trapettm.  The 
former  ia  preCerred  by  Colamella,  as  being  more 
easily  adjnsted  according  to  the  siic  of  the 
baniei,  so  as  to  avoid  breaking  the  kernel 
(Col.  lil.  51)  :  It  appears  to  hare  been  the  same 
Id  principle  aa  the  corn-mill  [Uola],  formed  of 
two  stones,  capable  of  adjastment,  aa  la  de- 
acribed  In  that  article  (see  also  Blamner,  TbcAiuf. 
1.  331).  This  appears  in  the  retief  from  Aries 
(fig.  1),  where  two  genii  are  taming  ronnd  the 
cmshmg  atone.     The  diitloction  from  the  corii- 


mJU  is  that  the  (tonea  are  In  ioTerae  order  { 
instead  of  the  lower  fixed  atone  being  conical 
and  the  upper  rerolTing  atone  hollowed  (aee  cnt 
nnder  Mola),  the  filed  lower  stone  Is  cnp^ 
shaped,  and  the  rerolcing  atone  ia  conical.  The 
npright  cross-baadled  beam  is  both  a  pirot  for 
the  rarolTing  atoae  and  a  means  of  adJBsting  the 
pressure  by  raising  it  or  lowering  it. 

lie  form  of  the  trapetum,  properly  so  called, 
can  be  ascertained  from  the  remains  foand  at 
Pompeii  and  Stablae.  In  the  cut  below,  the 
preas  foand  at  Stablae  is  shown  in  elsTation 
and  aection  (from  Biemner,  after.  Schneider). 


868 


TBAUlfATOS 


The  berries  were  placed  in  a  circnlar  stone 
basin  (mortarium,  1),  of  which  the  sides  were 
called  labra :  in  the  centre  of  this  basin  stood  a 


*npspetiini  In  devatlon  sad  sectfoiL 

Golomn  (mt/iiariiiin,  2)  to  support  the  poles  or 
levers  (modioli^  6),  on  which  the  crushing  stones 
(wifeBj  9)  rested,  and  by  which  thej  were  tnmed 
ronnd.  These  orbes  were  of  stone,  fiat  on  the 
inner  side  and  oonrex  on  the  outer,  as  if  forming 
two  halves  of  a  sphere :  they  were  kept  apart 
by  a  rectangular  box  of  wood  plated  with  metal, 
and  called  cnpa  (5),  into  which  the  modioli  were 
fixed,  and  which  served  also  to  support  the 
orbes.  This  cupa  revolved  round  an  iron  pivot 
(fioiumslia  ferrea,  4)  fixed  on  the  top  of  the 
mSiarium  or  column,  and  rested  on  the  column 
itself.  To  prevent  it  from  slipping  off  the 
pivot,  there  was  an  iron  pin  {fittiiafetm^  7). 
To  keep  the  orbes  in  position  as  close  ta  the 
cupa  as  was  required,  a  cap  (armtZ/a,  8)  was 
fastened  by  a  nail  to  the  poles  on  the  outside  or 
convex  surface  of  the  stones:  this  cap  not  only 
kept  the  stones  steady,  but  also  to  some  extent 
regulated  their  distance  from  the  labra  and  their 
consequent  pressure.  Two  men  (for,  as  Bliimner 
remarks,  we  have  no  mention  of  horses  or  mules 
for  this  labour)  moved  round  the  poles,  so  that 
the  stones  bruised  the  fruit  against  the  sides  of 
the  mortar.  It  must  be  observed  that  these 
poles  are  to  be  regarded  not  as  axles,  but  as 
levers :  the  oolumSla  or  pivot  was  practically 
the  axle  on  which  they  worked.  Moreover,  as 
the  stones  were  not  fastened  to  the  poles,  they 
revolved  to  some  extent  on  their  own  axis  under 
the  pressure  of  the  fruit,  whence  there  was  a 
double  motion  and  a  more  yielding  pressure,  the 
object  being  as  much  as  possible  to  avoid  crush- 
ing the  kemeU,  which  would  give  an  unpleasant 
taste  to  the  oil. 

We  have  no  data  for  a  description  of  another 
machine  for  this  purpose  which  Columella  (xii. 
52)  calls  a  tudioiia :  he  merely  tells  us  that  it 
worked  '*  like  an  upright  tribula  "  (whidi  would 
seem  to  imply  the  principle  of  tearing  or  carding 
the  fruit),  and  that  it  easily  got  out  of  order. 
(Bliimner,  Technologies  i.  826-336 ;  Rich,  s. «. ; 
Schneider,  in  Script,  S,  S.)  [G.  £.  M.] 

TBAUMATOS  EK  PR0N0IA8  GBA- 
FH£  (rpa^fueros  4k  wpovoias  Tpa^).  Our 
principal  information  respecting  this  action  is 
derived  from  two  speeches  of  Lysias,  viz.  ttphs 
Mfimya  and  wtpX  rfm/wrot  tie  wpovolas^  though 
they  do  not  supply  us  with  many  particulars. 
It  appears  that  this  action  could  not  be  brought 
by  any  person  who  had  been  wounded  and  as- 
saulted by  another,  but  that  it  was  necessary  to 
prove  that  there  had  been  an  intention  (wpSvouC) 
to  murder  the  person  who  had  been  wounded 
(Lys.  c,  8m,  {  41  f.).  Cases  of  this  kind  were 
laid  before  the  archon  basileus  and  brought 
before  the  Areiopagus  (TLys.]  c.  Alcih,  §  15 ; 
Dem.  c  Arit^ocr.  p.  628,  $"24;  Poll  vUt  117): 


TBBSYIBI 

if  the  accused  was  found  guilty,  he  was  exiled 
from  the  stete  (Dem.  c  BoeoL  iL  p.  1018,  f  32 ; 
according  to  Philippi,  d  Areopag  «.  d.  EfMen^  i 
p.  113  f.,  not  for  life)  and  his  property  con- 
fiscated (Lvs.  &  Sim,  §  38,  «^  riit  vorpiaet 
mil  riir  oiroior  r^s  i/teanw  itminit  ica4vn6m :  cf. 
de  vuln,  ex  tnduttria,  {  18.  PUt.  Legg,  ix.  p. 
877  B:  banishment  for  life  without  ooniBscatioa 
of  property).  Tliis  action  seems  to  have  been 
notorious  as  an  instrument  of  &lse  socosation 
(Aeschin.  de  F.  L,  i  93,  e.  Ctes,  i  212,  etc). 
(Att,  Frooest,  ed.  Lipsius,  p.  386  f.) 

[aB.K.]  [H.1L] 
TBE'SYIBI  were  either  ordinary  magistrates 
or  officers,  or  else  extraoidinary  ooDuntaioiien, 
who  were  frequently  appointed  at  Rome  to 
execute  any  public  office.  [The  form  tmcsinr  b 
quite  legitimate,  and  the  gen.  plur.  is  often  used 
as  a  predicate  of  a  single  individual:  e.g.  J> 
triumoirwn  stm:  but  it  is  doubtful  whether 
there  is  any  good  authority  for  the  nom.  plnr.  | 
trimnviri,  although  it  is  often  found  in  our  texts : 
MSS.  seem  always  to  give  ittmnl]  The  follow, 
ing  is  a  list  of  the  most  important  of  both  cIssm, 
arranged  in  alphabetical  order. 

1.  TBESvnu  Aqbo  Dividumdo.     [TRnYDU 

COLONIAE  DXDUCENDAE.] 

2.  Truvibi  Capitalxb  ^pear  to  have  been 
regularly  appointed  first  in  about  BUX  290  (Ut. 
£fiii,  11).  If  Mommsen  is  right  in  identifying 
them  with  the  tresviri  noctund  (ct  Ussing  on 
Plant.  Amph.  155),  there  ia  a  reference  to  the  office 
somewhat  earlier  in  Liv.  ix.  46, 3,  where  be  ssyi 
of  Cn.  Flavins,  curule  aedile  in  BXX  304^  "  qnem 
aliquanto  ante  desiise  acriptum  faoere  srgnit 
Maoer  licinius  tribunatu  ante  gesto  trinmrirati- 
busque  noctumo  altero,  altero  ooloniae  deduoea- 
dae : "  but  this  refisrence  ia  of  doubtful  suthoritj, 
not  only  because  Livy  ascribes  the  institution  of 
the  office  to  a  later  date,  but  also  because  it 
certainly  was  not  a  magistracy,  as  Udniof 
regards  it,  until  a  much  Inter  date.  Atfint  the 
tretfriri  were  not  chosen  by  the  pet^le,  but 
nominated,  probably  by  the  praetor  urbsnns, 
who  at  a  later  time  presided  at  their  election. 
Festus  (s.  V.  Sacrumentnm)  gives  a  quotstioa 
from  the  law  by  which  L.  Papirius,  a  tribaae 
of  the  commons,  enacted  that  they  should  be 
elected :  '^quicunque  praetor  poathac  fretns  erit 
qui  inter  dvis  Jus  dicet,  tree  viros  capitala 
populum  rogato."  This  law  must  have  bcca 
after  B.a  242,  for  it  aasumee  the  existence  of  st 
least  two  praetors,  and  thia  also  disposes  of  tb« 
conjecture  of  Niebuhr,  that  Festus  meaat  L 
Papirius,  praetor  in  B.a  292  (BitL  Bam,  ill  407- 
8) :  but  it  must  have  been  before  BA  124y  wbea 
they  appear  in  the  Bantine  law  and  the  law  dr 
repetuttdie  (C,  I,  L,  i.  197,  198). 

In  criminal  cases  their  main  duty  was  to  look 
to  the  safer  custody  of  the  convicted,  sad  to 
execute  capital  punishment  (Dig.  1,  2,  2,  SO; 
Liv.  xxxii.  26).  The  usual  form  of  execution 
was,  for  the  upper  classes  and  for  wceaea, 
strangling  in  prison  {trimmvirak  mqifikii^ 
Tac  Aim.  v.  lOX  *  faU  which  beleU  the  fWlow- 
conspirators  of  CaUUne  (Sail.  CW.  55;  c£  Vel. 
Max.  V.  4,  57,  **'  mulierem  praetor . . .  capitali 
crimine  damnatam  triumviro  in  carcere  necaodasi 
tradidif);  slaves  were  crucified,  also  nader 
their  supervision  (Val.  Max.  viii.  4,  2).  Tbcy 
had  also  the  duty  of  receiving  charges  (Plant 
AW.  413  ;  Ajih.  131)  and  of  arresting  offenden ; 


TBESYIBI 


TBIBON 


869 


and  g«Dexmlly  of  looking  after  the  police  of 
Rome,  for  which  purpose  they  had  a  post  in  the 
fornm  near  the  Columna  Maenia  (Gc.  pro 
Cluent  13,  89).  Their  dnty  was  to  go  the 
Tonnd  of  the  streets  by  night,  and  to  seize  and 
punish  disorderly  characters  (Plant.  Amx^,  ad 
init. :  cp.  Val.  Max.  yiii.  1,  dmnn.  6,  ^  P.  YiUiufl 
trinmTir  noctnmns  a  P.  Aqoilio  trib.  pi.  ac» 
cnsatns  popnli  jndido  ooncidit,  qnia  Tigilias 
neglegentins  drcnmierat  **),  and,  as  being 
char^  with  the  safety  of  the  city,  were  re- 
quired to  be  present  at  onoe  in  cases  of  fire  (ib. 
damn,  5).  There  is  no  trace  of  any  independent 
criminal  jurisdiction;  eren  a  slare  had  to  be 
condemned  by  a  regular  court ;  but  this  does 
sot  preclude  the  administration  of  such  punish- 
ment as  was  necessary  to  keep  order.  Hence 
Arnold  (JKsi.  of  Borne,  it  389)  goes  too  fiir  in 
saying  that  they  *' tried  by  summary  process  all 
offenders  against  the  public  peace,  who  might  be 
taken  in  the  &ct."  There  are  also  indications 
that  in  cases  Tirtually  criminal,  in  which  prirate 
citizens  acted  as  prosecutors  by  'the  mtmus 
fK^eetio^  the  truwri  were  appointed  by  the 
praetor  to  act  Mjudiees  (cp.  Plant.  Pen.  61  ff., 
discussed  by  Clttts  in  Meim.  Mw.  zzz.  167), 
and  Mommsen  thinks  that  the  number  of  these 
may  have  been  determined  with  a  view  to 
this  function.  They  had  further  to  ezact  and 
to  pay  into  the  treasury  the  aacramenta  due 
in  ciril  suits,  and  to  decide  upon  the  obligation 
to  serre  as  jucUoee  (Cic  Brut.  31,  117>  Here 
as  in  other  cases  they  appear  as  the  assistants 
of  the  praetors.  Under  the  Empire  their  func- 
tions were  mainly  discharged  by  the  praefedua 
vigiivuL 

8.  Trbsyibi  GoLOinAS  Deduoendab  were 
persons  appointed  to  superintend  the  fbrmation 
of  a  colony.  They  are  spoken  of  under  CoiiONii, 
Vol.  I.  p.  479.  Since  ther  had  besides  to  super- 
intend the  distribution  o/  the  land  to  the  colo- 
nists, we  find  them  also  called  Tresviri  Cohniae 
DedueendaeAgroqueDividittido  (Lit.  Tiii.  16),  and 
sometimes  simply  Treemri  Agro  Dando  (Ut.  iii. 
1).  The  number  three  was  the  most  usual  one, 
but  we  also  find  commissions  of  fire,  seren,  ten, 
fifteen,  or  twenty,^as  might  be  determined  by 
the  law  instituting  the  colony. 

4.  Trebtibi  Epitlonis.    (Epulones.] 

6.  TasByiRx  EQurruk  TuRiua  Rbooqnos- 
CENDi,  or  Lboendxb  EQtfrnnc  Dbcoiiiu,  were 
magistrates  first  appointed  by  Augustus  to  rerise 
the  lists  of  the  Equites,  not  at  the  census  but 
at  the  tnmivecHo  eqmtum,  and  to  admit  persons 
into  the  order.  This  was  formerly  part  of  the 
duties  of  the  censors  (Suet.  Aug.  37 ;  Tac  Ann. 
iU.30). 

6.  TrBBVIRI  MbHSARU.      [AnOEZfTARIL] 

7.  Tresviri  Monibtalbb.    [Moneta.] 

i.  Tresviri  Rkfioibiidib  Aedibus,  elected 
11.  the  Comitta  Tributa  in  the  time  of  the  Second 
T'uriic  War,  a  commission  for  the  purpose  of 

iiiring  and  rebuilding  certain  temples  (Liv. 
\v.  7).     We  do  not  know  why  this  duty  was 

r  *eft,  as  usual,  to  the  censors. 

«  Tresviri  Reipublicab  OoNynruENPAE. 
'  '^tahr  {Hist,  of  Borne,  toI.  iii.  p.  43)  supposes 
*'  a  magistrates  under  this  title  were  appointed 
>  I  early  as  the  time  of  the  Licinian  Rogations, 
*r  ^rder  to  restore  peace  to  the  state  after  the 
..  IP  motions  consequent  upon  those  Rogations 
(uvc^us,  de  Mag.  i.  35).     Niebuhr  also  thinks 


that  these  were  the  magistrates  intended  by 
Varro,  who  mentions  among  the  eztraordinary 
magistrates  that  had  the  right  of  summoning 
the  senate.  Triumvirs  for  the  regulation  of  the 
Republic,  along  with  the  Decemvirs  and  Consular 
Tribunes  (Gell.  ziv.  7).  We  have  not,  however, 
any  certain  mention  of  officers  or  magistrates 
under  this  name,  till  towards  the  close  of  the 
Republic,  when  the  supreme  power  was  shared 
between  Lepidus,  Antonius,  and  Caesar  (Octavi- 
anusX  who  administered  the  affidrs  of  the  state 
under  the  title  of  JVetvw*!  BeipubUcae  Cbruft- 
tuemiae.  This  office  was  conferred  upon  them 
in  B.C.  43  by  a  law  of  P.  Iltius  the  tribune  for 
five  years  (Liv.  Epit.  120 ;  Appian,  B.  C.  iv.  2- 
12 ;  Dio  Cass.  zfvi.  54-56 ;  Yell  Pat.  U.  65 ; 
Plut.  Cic.  46) ;  and  on  the  ezpiration  of  the  term, 
in  B.a  38,  was  conferred  upon  them  *gain,  in 
B.O.  37,  for  five  years  more  (Appian,  B.  C.  v.  95 ; 
IMo  CUs.  zlviii.  54).  The  coalition  between 
Julius  Caesar,  Pompeius,  and  Craasus,  in  B.a  60 
(Veli.  Pat.  iL  44 ;  Uv.  Epit.  103),  is  usually 
called  the  first  triumvirate,  and  that  between 
Octavianus,  Antony,  and  Lepidus,  the  second; 
but  it  must  be  borne  in  mind  that  the  former 
never  bore  the  title  of  tresviri,  nor  were  invested 
with  any  office  under  that  name,  whereas  the 
latter  were  recognised  as  regular  magistrates 
under  the  above-mentioned  title. 

10.  Tresviri  Saoris  Conquiremdis  Do- 
NiSQUB  Pebsionandis,  eztraordinary  officers 
elected  in  the  Comitia  Tribata  in  the  time  of 
the  Second  Punic  War,  seem  to  have  had  to 
take  care  that  all  property  given  or  conse- 
crated to  the  gods  was  applied  to  that  purpose 
(Liv.  zzv.  7). 

11.  Tresviri  Senatds  Leoendi  were  officers 
appointed  whenever  required  by  Augustus  to 
admit    persons    into    the    senate.      This 


L.  Aug. 
[W.S.]    rA.S,  W.] 
TRIA'BIL     [EZERCITTTS,  Vol  1.  pp.  783- 


previously  the  duty  of  the  censors  (Suet  A 
37).  " 

TR 
785.1 

TillBON.  The  rptfimp  was  a  variety  of 
/^drior,  belonging  to  the  class  of  the  x^a^m 
8ivAi|yf8cf  [see  Pallixjm,  p.  321],  and  was  the 
national  garb  of  Sparta,  worn  by  every  male  over- 
twelve  years  of  age.  Its  use  spread  to  Athens, 
having  been  intr<duced  by  such  imitators  of 
Spartan  life  (Aaic«rf(oKrft)  as  Cimon.  It  is 
best  known  in  history  as  the  dress  of  Socrates 
(Plato,  Siftnp.  p.  219BX  adopted  afterwards  by 
the  Cynics,  with  whom  it  became  a  professioniu 
costume.  The  chief  merit  of  the  rMmr  was 
that  it  was  worn  alone,  without  a  shirt.  The 
references  to  the  '^ shirtless"  condition  of  the 
Cynics  are  countless,  from  the  sneer  of  Kerkidas 
at  Diogenes  as  being  dtrAoff/urrof  (cf.  Hor.  Ep. 
i.  17,  25,  "quem  duplici  panno  patientia  velat") 
down  to  the  time  of  Juvenal,  who  describes  the 
only  difference  between  the  Stoic  and  the  Cynic 
as  being  a  riiirt  ("tunica  distantia,"  Sat.  ziii. 
122).  The  Cynic  women  followed  the  same 
fashion,  as  did  also  the  wife  of  Phodon,  who  on 
occasion  wore  her  husband's  mantle.  The  rplfimw 
was  of  a  dark  colour  {ipaths)  and  of  coarse  but 
thick  material.  The  manner  of  wearing  it 
seems  to  have  varied  according  to  the  lengu  at 
which  the  own^  wished  to  have  it.  It  was  of 
coarse  won  I  <  sloth,  worn  with  a  brooch,  but 
the  pinning  i  '  -  not  seem  to  have  been  invariable, 
for  on  ms.>;    -  the  statues  of  philosophers  on 


870 


TBIBULUM 


which  it  appears  ther^  it  eo  brooch  or  pin 
shown.    [Pallium.]  [W.  C.  F.  A.] 

TBrBULUM  (rpifioKos,  a  word  borrowed 
from  Latin)*  a  ooni-drag,  consisting  of  a  thick  and 
ponderons  wooden  Imid,  which  was  armed 
underneath  with  pieces  of  iron  or  sharp  flints, 
either  the  driver  or  a  heayy  .weight  being  placed 
upon  it,  and  drawn  over  the  com  by  a  yoke  of 
oxen,  for  the.  parpose  of  separating  the  grain 
and  catting  the  straw  (Varro,  M,  S,^  52 ;  Plin. 
JET.  N.  xviii.  §  298;  Longus,  iiL  30,  2).  To- 
gether with  the  tribulvm  another  kind  of  dng, 
called  traha  or  traheOf  was  also  used,  which, 
from  the  explanation  of  Senrins,  '*  vehicnlamsine 
rotis,"  we  may  suppose  to  have  been  like  a 
carriage-body  taken  off  the  wheels,  or  a  sledge 
without  runners  (Verg.  Oeorg.  i.  164 ;  Serv.  ad 
loc. ;  Col.  it  21).  A  third  variety,  the  ploHeUum 
Pvmcum  (Varro,  /.  c),  seems  to  have  been  a 
framework,  like  the  above,  placed  upon  rollers, 
and  used  especially  in  Spain,  where  we  may 
suppose  the  Carthaginians  to  have  introduced  it. 
The  tribulum  and  traha  are  still  us«d  in  Greece, 
Asia  Minor,  Georgia,  and  Syria,,  and  are.  de- 
scribed by  various  travellers  in  those  countries, 
but  more  especially  by  Paul  Lupas  {Voyage,  vol. 
L  p.  182),  Sir  R.  K.  Porter  (TVowrfs,  vol.  i. 
p.  158),  Jackson  (Jovntey  from  India,  p.  249X 
and  C.  Fellows  (Joumai,  pp,  70,  333).  (For 
the  process  of  threshing,  see  Aqriovltuba,  Vol. 
I.  p.  W.)  [J.  v.]    [G.  E.  M.] 

TBrBULUfi  (Tpl0oXot\  a  caltrop,  also 
called  murex  (Val.  Max.  iii.  7,  §  2 ;  Curt.  iv. 
13,  §  36).  Wh^n  a  place  W9s  beset  with  troops, 
the  one  party  endeavoured  to  impede  the  cavalry 
of  the  other  party  either  by  throwing  before 
them  caltrops,  which  necessarily  lay  with  one 
of  their  four  sharp  points  turned  upwards,  or  by 
burying  the  caltrops  with  one  point  at  the 
surface  of  the  ground  ( Veget.  de  Me  Mil,  iii.  24 ; 
Jul.  Afric  69;  Polyaen.  139,  2).  The  taleae 
(Caes.  B,  d,  vU.  73)  and  the  hamif  sttmiili  or 
stUi  (BeU.  Afr.  31),  were  for  the  same  purpose. 
They  were  pieces  of  wood  with  curved  iron 
points,  buried  in  the  ground.     Tlie  tnn^vfd 


TribulQS. 

woodcut  is  taken  from  a  bronze  caltrop  figured 
by  Caylns  (fiecmeU,  iv.  pL  98). 

[J.Y.]  ro.E.  M.] 

TBIBU'NAL  (/9i|/ia),  a  raised  platform,  or, 
to  use  the  term  adopted  from  the  French, 
tribune,  on  which  the  Sella  of  the  praetor  or 


TBIBUNUS 

presiding  magistmte  was  plated,  wh«a  ha  sat  to 
administer  justice  in  any  place  which  might  be 
selected  (Liv.  xxiii.  32).  It  is  termed  hcue 
wperior  in  Cio.  Verr.  iL  48,  102;  iv.  40,  85. 
It  is  described  under  Basilma,  VoL  L  pp.  288^ 
291  (cf.  Mommsen,  Staattrtdd,  L*  400). 

There  was  a  tribunal  in  the  camp,  which  was 
generally  formed  of  tnrf,  but. sometimes,  in  a 
stationary  camp,  of  sUnie,  Irom  which  the 
general  addressed  the.  aoldieEB,.and  where  the 
consul  and  tribunes  oftheaoldiexs  administemi 
justice.  When  the.  general  addressed  .the  aoBT 
from  the  tribunal,  Uie  standards  were  planted 
in  front  of  it,  and  the  army  placed  teund  it  in 
order.  f'^'^^'C^^^''^;  CAflTftA,  VeL'L  p.  380.} 
For  an  instance  of  a  tribunal  laised  is  heaour  ot' 
a  deceased  imperator,  see  Taa  ibm.  iL  83 :  foe 
the  theatrical  tribunal,  Thkatbioi,  p.  821  & 

,    [P.  a]    [G.LM.] 

TBIBn'NU&  This  word  seems  origpnlly 
to  have  indicated  an  officer  conneeked .  with  a 
tribe  (triXfut),  or.  who.  repreaented  a  tribe  for 
certain  purposes ;  and  thia-ia  indeed  thAcharaeter 
of  the  officers  who  were  designated  by  it  in  the 
earliest  times  of  Rome,  and  may  be  traced  also 
in  the  later  officers  of  this  same.  We  subjoin 
an  account  of  all  the  Bcman  ofiioers  known 
under  this  name. 

1.  TRIBUREaOFTHSTHBEBASCIKBTmBEI. 

At  the  time  when  all  the  Romaa.  citiaens  were 
contained  in  the  three  tribes  oi  the  Bamnei, 
Titles,  and  Luoexes,  the  three  divisiens  ef  is* 
&ntry,  which  together  nuule  up  theJegioa, 
were  commanded  by  three  trinud  mUitwm  (^X- 

3>Xot,  Dionys.  U.  7 ;  Dig.  1,  2,  2,.  20 ;  Serv.  ad 
en,  V.  560).  Kiebuhr  {ffisi.  of  Mom,  I  p.  331) 
supposes  that  the  tribumu  )telawn  wu  the 
tribune  of  the  Samnee,  the  oMeat  asd  aeUcit 
among  the  three  tribes,  and  in  this  .opinien  he 
is  followed  by  GitttUng  iOatok,  d.  JZAn.  StaaU' 
verf,  p.  166),  though  it  is  in  direct  cootredictioo 
to  Dionysius  (iL  13)  and  Pompaniaa  {da  (hig. 
/«r.  Dig.  1,  2,  2,  15),  aocoidisy  to  when  the 
tribnnus  celerum  was  thn  commander  of  the 
o^eree,  the  king's  body-guard. 

But  Mommsen  {HiaL  L  78»  note)  has  shown 
that  the  term  iribmU  aelentm  ia  need  in  the 
plural  of  the  three  commanders  of  the  boiaenen 
(Dionys*  iL  64),  as  contrasted  with  the  thiee 
tribuni  miiitum,  and  that  the  view  of  Peoipontiai, 
which  identifies  the  tfrAimiis  ce/emw  with  the 
Celer  mentioned  by  Valeriiu  Antia*(in  Diaaju 
ii.  13),  the  matfieter  equitmn  onder  the  Repoblie, 
and  the  praafechu  praatono  of  the  Empire,  is 
due  simply  to  a  misconception  of  the  positien 
held  by  Brutus  in  the  legend  (cf.  Dian]rs.iv.  71 ; 
Liv.  i.  59).  The  tribunes  of  the  tribes  natonily 
ceased  to  eziit,  when  the  tribea  wen  dene  svsy 
with  in  the  changes  ascribed  to  Servins  Tallias. 
There  ie  no  ground  whatever  lor  believing  that 
a  law  wss  ever  passed  under  the  presidency  of 
one  of  the  tribunes  (Mommsen,  Min,  8L  t,  189, 
note  4);  bat  from  the  account  of  Dioaysiaa 
they  appear  to  have  exerdsed  certain  priestly 
functions  on  behalf  of  their  req»ective  tribes. 
(Cf.  Praen.  Fast,  for  Maich  19,  p.  315,  [odUaali- 
buB  ponyifidbue  at  iriti(wm\  ceUf^na^y 

2.  TRXBUKESOFTHESBIlVIAMTIIIBai.    UodcT 

the  Servian  constitution,  each  of  the  four  city* 
tribes,  and  possibly  each  of  the  conntiy  pac\ 
which  afterwards  developed,  in  a  manner  as  'a 
which  we  have  no  definite  infoxsMtion,  istb  ti« 


tl: 


>l 


T   i   f  .  t 


TBIBUNU8 


871 


4Mngiiuil  16  don^trywiribM,  had  its  cwraltotj  or 
^Xa^oi^  whose  dutr  it  was  to  keep  the  regis* 
ter  of  the  tribe,  and  d  the  estates  belongtng 
to  its  members,  and  to  collect  when  necessary 
the  war-tax  (MirftMiX  as  well  as  the  capitation 
money  {a8$\  levied  upon  non-^tiaens  (oeron't). 
These  curoiortfs  irSbuum  were  also  called  ^'6iint 
<ierarit;  but  whether  the  body  known  in  the 
time  of  Cicero  as  trUnmi  aeram  were  their 
successors  and  representatires  is  a  question 
much  disputed  of  recent  years.  Madrig  (^Optiae. 
Acad,  ii.  pp.  242--2S3:  cf.  Vtrfaumg  «.  Verwait- 
tmg,  i.  162^185)  strongly  maintains  that  they 
were  quite  distinct,  and  that  there  is  no  trust- 
worthy reference  to  the  trUnau  atrarii  before  the 
]aw  of  CSotta  in  B.C.  70,  except  as  an  obsolete 
office,  the  name  of  which  was  then  reviyed. 
Kommsen,  on  the  other  hand  (^Die  Rdmincken 
TnbttSf  pp.  52  $qq.  i  cf.  Mai,  St  iii.  189  ff.), 
maintains  that  they  were  identical.  Madvig's 
view  is  that  the  original  trUnau  asrani  were  not 
officials  of  any  kind,  much  less  magistrates,  but 
priTute  persons  of  substance,  who  were  made 
responsible  for  the  pay  of  indiridual  soldiers, 
•especially  the  ^uttes.  The  chief  ancient 
authorities  are  an  extract  from  Cato,  ap,  Qell. 
Ti.  10,  ^pignoria  capio  ob  aes  militare,  ^uod 
408  a  tributto  aerario  miles  aocipere  debebat, 
Tocsl>uhim.seorsum  fit;"  and  Varro,  L,  L,  r. 
181,  <'ab  eo  quoque,  quibus  attributa  erat 
pecnnia  ut  miltti  reddant,  tribuni  aerarii  dieti ; " 
where  the  past  tense  debrikxt  shows  that  the 
practice  had  become  obsolete  in  Cato's  time,  and 
the  expression  aUribiUa  erai  may  be  taken  to 
indicate  that  the  quaestors  assigned  to  the 
seTeral  contributories  the  sums  which  they  had 
respectively  to  pav.  Another  argulnent  -  for 
Madvig's  riew  is  that  the  irSnmi  aerarii  must 
have  been  a  mimerous  dass  to  furnish  a  select 
body  of  at  least  800  judiees,  and  that  they  are 
represented  as  fairiy  someroos^  even  in  unim- 
ptifftant  oountiy-plaees  like  Atina  (Cic.  pro 
Fkmc  8,  21X  and  as  an  wdo  by  the  side  of  the 
^qnatot  (cf.  Calp.  Ed,  vii.  29).  In  Cic.  pro  C. 
Bab,  ad  Quir,  9,  27,  we  haye  in  a  reference  to 
BjC.  100,  **"  quid  de  tribunis  aerariis  oeterorumque 
ordinum  omnium  hominibus  qui  turn  arma  pro 
•communt  libertate  ceperant?'*  Madyig  inter* 
prets  this  to  mean  young  men  who  afterwards 
heeame  trimm  aerarii  when  the  ordo  was  re^ 
▼iyed  in  B.C;  70,  but' this  interpretation  is  yery 
forced.  Although  we  nowhere  haVe  exprees 
authority  for  identilying  the  cu^aforss  triumn 
with  the  irOnau  aerarii  of  the  earlier  time,  it 
seems  impossible  to  explain  the  use  of  the  term 
tnbunuB  except  by  such  an  identification ;  and 
the  word  caraior  occurs  only  later  on,  so  that 
it  may  well  be  a  descriptiye  title.  When  in 
RC.  220  the  tribes  were  dirided  into  centuries, 
the  oiiraiort$  oeifdiuriamm  may  haye  popularly 
retained  the  name  of  trUnadaerarn^  their  number 
now  being  350.  They  seem  to  haye  been  elected 
annually,  and  weire  often  re-^eoted. 

3.  Tkibuxi  as&abu.  When  L.  Cotta,  the 
praetor  in  B.C.  70,  carried  a  law  depriying  the 
senators  of  the  exclusiye  right  of  serving  on 
juries,  which  had  been  restored  *  to  them  by 
SuUa,  after  the  reforms  of  C.  Gracchos,  he  in* 
atitttted  three  decuriae^-'-oD»  of  senators,  one  of 
knigl  ts,  and  one  of  irinmi  aerarii.  Of  this  last 
body  we  know  that  they  were  recognised  as  an 
ardi>i/ih^  they  were  a  foirly  numeroQ«  hMy 


not  restricted  to  Rome,  but  living  also  in  the 
fmmicipia  ;  and  that  they  were  closely  connected 
with  the  equites,  and  indeed  appear  to  have 
been  sometimes  loosely  included  under  this  name 
(cp.  Cic.  pro  GueiU,  43,  121 ;  47,  130).  Julius 
Caesar  took  away  their  judicial  funotion  (Suet. 
Jfd.  41);  but  Augustus  rid.  Aug,  32)  added 
to  the  three  decuriae  a  fourth,  consisting  of 
ducenarHf  i.e.  men  who  had  half  the  equestrian 
oeasus.  Fvm  this  last  fact  it  seems  highly 
probable  that  the  trifnmi  aerarii  were  also 
required  to  possess  a  definite  emeus,  though  the 
amount  of  this  is  nowhere  specified.  Mommsen 
supposes  that  they  had  the  equestrian  census, 
but  not  the  eqmu  pubHau  {Bdm,  1^.  iiL  533) ; 
but  this  is  somewhat  donbtiful:  and  Mommsen 
admits  thai  where  they  are  included  among 
the  equites  by  Cicero,  the  **  courtesy  of  the 
advocate  "  (ib.  193,  note  2:  cf.  pro  Font,  16, 36 ; 
pro  Flaoc  38,  96)  is  partly  at  least  responsible. 
Still  in  pro  FUHoc,  2,  4,  he  clearly  speaks  of 
two*thirds  of  the  jury  as  belonging  to  the 
equHee  (50  out  of  75) :  and  livy  {Ep.  xcvii.) 
even  speaks  of  the  reform  of  Cotta  as  giving 
back  ^e  jitdioia  to  the  eqitiiee:  **  jadicia  per 
K.  (sto)  Aurelium  Cottam  praetorem  ad  equites 
Romanes  translata  sunt."  From  Liv.  xxiv.  11, 
8,  it  might  appear  that  they  had  a. census  of 
300,000  asses.  Hemg  (i.  533)  thinly  that 
they  were  ex-officials,  but  this  assumption  is 
needless,  if  we  identify  them  with  the  euratoree 
of  the  centuries.  (Cf.  Madvig,  Verf.  md  Vervs* 
\,  182-185 ;  Mommsen,  BiHm,  St,  1.  o. ;  Heitland 
on  Cic  pro  C.  Babirio  ad  Quir,^  App.  O ;  Hersog, 
Geech,  d,  Bdm.  Verfaaewng,  i.  533, 1023-^.) 
4.  TbiBUNI  MILITUM  OONiUUUU  rOTEStATR. 

From  the  earliest  times  the  Roman  infantry  had 
been  commanded  by  tribuni^  or  **  tribe-leaders." 
These  were  nominated  by  the  king,  as  com* 
mander-in-chief,  for  the  duration  of  the  cam* 

Eiign,  and  were  originally  three  in  number, 
ut  \rhen  the  old  tri^  were  divided,  each  into 
a  prior  and  a  posterior,  the  number  of  the  tribunes 
came  to  be  six.  At  this  time  legio  was  the  term 
applied  to  the  whole  army.  When,  at  some 
time  in  the  course  of  the  fourth  century,  a 
varying  number  of  legions  was  raised  each  year, 
the  practice  was  still  retained  of  having  six 
tr&ntni  mUitum  for  each  legion.  For  their  duties 
and  the  manner  of  their  appointment,  see  Exer* 
dTUB.  But  the  term  tribuni  militum  came  also 
to  boused  with  a  somewhat  different  application. 
If  the  needs  of  the  state  required  that  more 
than  two  armies  should  be  sent  out,  instead  of 
two  consuls  a  larger  number  of  t»mmanders  was 
appointed  under  the  title  of  tribtmi  miUtum  oon*- 
auiari  potestate.  The  first  recorded  instance  of 
such  an  appointment  is  in  fi.a  445,  when  the 
plebeians  were  pressing  their  claim  to  be  held 
eligible  for  the  consulship,  and  the  senate  in  order 
to  avoid  a  decision  upon  the  point  resolved  that 
consular  tribunes  should  be  elected.  (Liv.  iv. 
6,  8 :  **  per  haec  consilia  eo  deducta  est  res,  ut 
tribunes  militum  consulari  potestate  promiscne 
ex  patribus  ac  plebe  creari  sinerent,  de  consulibns 
creandis  nihil  mutaretur.")  But  there  is  no 
definite  evidence  that  this  was  the  date  of  the 
first  institution  of  such  an  office ;  and  the 
reference  to  a  law  permitting  it  (Ltv.iv.  31, 11) 
may  refer  to  that  by  which  the  consulate  was 
sulMtituted  for  the  kingship,  as  well  as  to  a 
<!T>*ciai  Ipw  novr  passed.    Another  and  perhaps 


4 


872 


TBIBUNUS 


TBIBXJKUS 


an  earlier  account  (Liy.  iv.  7,  2)  represenU 
military  necessity  as  the  sole  reason  for  the 
change.  Certainly  the  highest  number  of  con- 
sular tribunes  was  elected  in  a  year  (B.C.  405) 
when  the  strain  of  a  continuous  siege  first  came 
upon  the  state.  Th^  fasti  show  that  the  number 
varied  between  three,  four,  and  six,  but  there 
were  never  five.  Where  eight  are  mentioned, 
two  seem  to  have  acted  aa  censors,  not  as  consuls, 
and  probably  were  not  strictly  speaking  tribunes 
at  all.  The  number  five  was  evidently  avoided, 
as  not  admitting  of  an  even  division  of  the  fasces 
for  the  twelve  months  of  the  year. 

It  is  pretty  plain  that  the  tribuni  mUiiwn  eon- 
sulari  potestate  were  simply  the  ordinary  six 
tribunes,  holding  oflice  with  special  powers 
conferred  upon  them.  If  the  number  sometimes 
fell  below  six,  this  was  only  because,  if  an 
innuflScient  number  were  elected  with  the  con- 
sular authority,  there  was  no  constitutional 
means  of  filling  up  the  places  with  others  simi- 
larly privileged,  and  those  subsequently  elected 
ranked  only  aa  ordinary  tribunes. 

When  in  B.G.  367  the  Licinian  law  abolished 
the  office  of  consular  tribune  and  threw  open 
the  consulate  to  the  plebeians,  the  immediate 
result  waa  to  deprive  the  people  of  the  right  of 
electing  the  tribuni  mSitum,  so  that  the  right 
had  to  be  restored  to  them  by  a  special  law  five 
years  afterwards  (Liv.  vii.  5 :  cf.  U.  Lorenx,  Das 
Consuktrtribunatf  Vienna,  1855). 

There  is  no  reason  to  doubt  (as  has  been  done 
by  Becker,  ii.  2,  137;  Schwegler,  iii.  112,  and 
others)  that  the  consular  tribunes  possessed,  as 
their  title  indicates,  the  full  consular  powers, 
including  judicial  as  well  as  military  functions, 
and  the  right  of  appointing  a  dictator  (Liv. 
iv.  31).  They  were  elected  auspioato  in  the 
Comitia  Centuriata  (Liv.  v.  52,  16^  and  enjoyed 
all  the  insignia  of  the  consuls ;  but  they  had  no 
right  to  triumph,  nor  did  they  become  oon- 
sularesy  so  that  they  did  not  by  virtue  of  Iheir 
office  enter  the  higher  ranks  of  the  senate.  This 
was  the  main  practical  difi*erence  between  the 
consular  tribunate  and  the  consulship.  The 
office  was  definitely  abolished  by  the  Licinian 
law  ne  tribunonan  militum  comitia  fierent  ccn* 
suiumque  utique  alter  ex  pUbe  crearetur  (Liv.  vi. 
35) :  and  we  never  hear  of  it  after  this  date, 
except  in  an  abortive  suggestion  of  the  tribunes 
of  the  commons  in  B.C.  53  (Dio  Cass.  xL  45). 
Cf.  Mommsen,  Bdm.  St.  ii.  173-184:  the  account 
given  by  Becker,  B6m,  Alt  ii.  2,  136  ff.,  is  in 
some  respects  antiquated. 

5.  Tbibuni  PLBpia.  There  can  be  little  doubt 
that  the  name  of  these  officers  of  the  commons 
was  derived  fVom  that  of  the  tribunes  of  the 
soldiers.  By  the  side  of  the  privileged  citixens, 
the  patrioilf  there  was  a  body,  recognised  as 
belonging  to  the  community,  but  at  first 
destitute  of  all  political  rights,  the  piths.  This 
bodv,  by  the  constitution  ascribed  to  Servius 
Tnllius,  acauired  the  right  of  serving  in  the 
army  and  holding  positions  of  command  (tri» 
bmnatusy,  and  at  the  same  time  of  voting  in  the 
assembly  of  the  centuries.  Their  next  step  was 
to  constitute  themselves  into  an  assembly  of 
their  own,  the  concUium  plebiSj  presided  over  by 
magistrates  of  their  own,  the  tribuni  and  aediles 
pkSis,  According  to  the  generally  received 
tradition,  this  step  was  the  result  of  a  secession 
«f  the  plebs  to  the  mons  sacer  in  the  district  of 


Crustumeria  in  the  year  B.O.  494.  Whatever 
may  be  the  historical  value  of  the  details,  tber» 
is  no  reasonable  doubt  that  about  this  time  the 
plebs  acquired  the  right  of  collective  action 
under  leaders  of  their  own  choice.  At  first  the 
election  was  made  comitOs  curiatis  (Diomya.  vi. 
89,  ix.  41 :  cf.  Cic  pro  Com.  op.  Aaoim.  p.  76) : 
this  has  been  generally  taken  to  mean  tbat  the 
election  was  made  by  a  purely  patrician  body ; 
and  an  attempt  has  been  made  to  defend  this, 
view  by  assuming  that  the  plebeians,  after 
settling  among  themselves  who  their  candidatea 
should  be,  nominated  these  and  do  othexa  for 
the  patricians  formally  to  elect,  so  that  they 
might  secure  their  approval  (cf.  Bonch^Lederoq, 
Institutions  JtomaineSf  p.  p9,  note)^  But  itJa 
much  simpler  to  soppose  that  the  plebeiaaa 
alone  assembled  bv  curies  for  the  election  (s» 
Mommsen  and  Wijlems).  The  tradition  further 
asserts  that  the  tribunes  were  in  iLa  494  recog- 
nised aa  inviolable  by  a  ies  saerata  (Uv.  ti.  33). 
Here,  again,  disputes  have  arisen.  I^go»  repre- 
senting the  school  of  Niebuh4  holds  tbat  thia 
was  a  formal  compact,  ratified  by  the  fetiales, 
between  the  patricians  and  the  plebeiaiks  (cf. 
I>iony8..vi.  84,  89 ;  vii.  40).  Mommaeii,  an  the 
other  hand,  contends  that  the  lex  saerata  waa 
only  a  solemn  oath,  iwom  to  by  the  pleba,  that 
they  would  regard  any  wrong  done  to  their 
tribunes  as  an  inexpiable  ofienoe,  and  would 
avenge  it  accordingly.  This  view  is  snf^rted 
by  the  fact  tbat  the  pUbiseitmn  of  Idlins  in 
ao.  492  (Dionys.  vii.  22X  which  asnired  to  the 
tribunes  freedom  of  speech  and  the  jm  eaaiia^ 
would  have  been  superfluous  if  the  preceding 
tex  saerata  had  been  a  compact  between  the 
orders.  This  view  is  also  in  harmoi^  with  the 
definition  of  sacrosanetus  given  by  Fcttoa,  s.  v. 
There  ia  a  further  discoswm  as  to  the  number 
of  the  original  tribunes.  The  tmditieB  ia  that 
they  were  at  first  two  in  number^  aftcrwarda 
raised  to  five,  and  then  again  to  ten.  Bnt  while 
the  oldest  authorities  apeak  of  B^c  471  as  the 
date  at  which  the  number  was  raised  to  five, 
others  represent  the  two  first  electa^  ns  at  once 
co-opting  three  others.  The  increase  from  five 
to  ten  (two  from  each  daas)  ia  placed  by  livy 
and  Dionvsius  in  B.C.  457  (Uv.  iiL  30 ;  Diosiys. 
X.  30),  though  the  former  eardcasly  apeaka  of 
ten  tribunes  in  B.G.  480  (ii.  44,  6),  and  Dio 
Caasius  (cf.  Zonaras,  vii.  15)  gives  a  difTeRst 
account.  These  statements  are  open  to  mu^ 
doubt,  especially  that  as  to  the  claseea  from 
which  the  tribunes  were  taken :  sodi  a  proviaioB 
would  be  quite  unexampled,  and  there  eeeina  te 
have  been  no  reason  for  it.  Probably  it  was 
only  an  illegitimate  inference  from  the  nvmber 
of  the  tribunes.  It  seems  most  probable  that 
there  were  originally  two  tribunes  and  two 
aediles  of  the  pleba,  answering  to  the  two 
cnwanls  and  two  quaestors  of  the  community. 
It  is  certain  that  after  the  deoemvirate  there 
were  always  ten  tribunea  (Uv.  iiL  64, 11,  ftc). 
The  tribuni  plebis  were  naturally  alwayi 
plebeians ;  the  only  case  of  a  patrician  holding 
the  office  is  when  two  were  co-opted  in  &.C.  44d 
(Uv.  iii.  65) ;  and  this  seems  donbtful  (cf.  Uomm- 
sen,  JiCm.  8t,  ii.  265,  4).  They  were  elected, 
perhaps  when  chosen  by  the  curice,  am  cer- 
tainly when  chosen  by  the  tribea,  under  the 
presidency  of  the  outgoing  tribunes.  At  firsts 
if  the  number  of  tribunes  elected  waa  not  i  equal 


r.) 


TBIBUNUS 


TBIBUMU8 


873 


\ 


/ 


to  the  Tacai^ci«8,  the  one  or  more  elected  had 
the  power  of  co-optation ;  bat  in  B.C.  448  this 
was  done  awaj  with  by  the  law  of  Trebonins 
(liy.  iii.  65),  which  enacted  that  the  election 
should  be  continued  until  the  full  number  had 
been  chosen.  Then  was  no  interregnum  allowed, 
as  in  the  case  of  the  consuls:  Uie  plebs  was 
never  to  be  left  without  its  tribunes  (Ut.  iii. 
55 ;  cf.  64,  9).  The  office  was  held  onlj  for  a 
▼ear ;  and  just  as  in  the  case  of  the  consulship^ 
all  the  tribunes  were  oolle^ues,  in  the  sense 
that  each  separately  could  exercise  the  full 
power  of  the  office,  but  could  be  preyented 
from  acting  by  the  interposition  of  any  of  the 
others. 

The  functions  of  the  tribunes  varied  with  the 
legal  position  of  the  plebs,  of  which  they  were 
the  representatives.  Originally  the  plebs  was 
only  a  voluntary  combination  of  unenhranchised 
citizens,  and  so  had  no  political  rights.  During 
this  period,  of  which  we  have  no  trustworthy 
accounts,  the  tribunes  were  non  jnpvii  9edpMri» 
ma^isiratu» :  any  powers  conceded  to  theib  were 
possessed  simply  as  attaching  to  the  organs  of 
popular  force.  Next  the  plebs  was  recognised 
as  an  organised  body  within  the  community,  and 
the  magistrates  of  the  community  were  bound 
by  certain  restrictions  in  their  action  towards 
the  representatives  of  the  commons :  that  is  to 
siiy,  the  tribunes  acquired  the  right  of  veto,  and 
all  that  followed  from  it.  Finally,  the  plebs 
was  so  far  identified  with  the  community,  that 
iits  action  was  regarded  legally  as  the  action  of 
'the  community.  This  is  the  stage  reached  in 
the  Hortensian  Uf  of  B.C.  287.  The  tribunes 
now  become  magistrates  of  the  community, 
with  positive  as  well  as  negative  powers,  and 
especially  with  the  right  to  transact  business 
directly  with  the  senate. 

As  the  tribunes  did  not  originate  as  magis- 
trates of  the  community ,^  thev  had  none  of  the 
insignia  of  magistracy,  no  lictors,  fascet,  or 
purple  border  to  their  togas ;  nor  had  thev  the 
curule  chair.  They  had,  however,  the  right  of 
sitting  on  the  mAaeiHum,  which  became  a  kind 
of  tolun  of  their  office.  As  not  being  magistrates 
they  ftirther  had  no  right  of  consulting  the  gods 
(mupicia  impgtratifm)  on  behalf  of  the  Roman 
people,  though  there  may  have  been  a  kind  of 
quasi-private  plebeian  auspices,  so  that  the 
place  where  the  plebs  met  was  called  a  Umpium 
(liv.  U.  56,  10;  iii.  17,  1;— Cic  pro  Sest,  29. 
62;  85,  75).  But  the  plebeian  magistrate 
were  all  created  inauMpioato  (Liv.  vi.  41,  5X  at 
least  after  they  were  elected  by  the  tribes,  and 
a  pUbiaeihtm  was  a  lex  motisptca/a.  On  the 
other  hand,  they  were  not  at  liberty  to  neglect 
omens  sent  by  the  gods  (mupida  o6krftotiX  nod  a 
storm  broke  up  a  conciiiwnpMHS  as  much  as  the 
Comitia :  hence,  too,  the  otimmtiatio  heU  good  in 
the  case  of  plebeian  assemblies.  But  perhaps  the 
latter  doctrine  was  put  forward  only  for  the 
political  convenience  of  the  nobles,  and  never 
really  admitted  by  the  commons  (cf.  Hommsen, 
EOm.  St.  ii.  275). 

The  tribune's  duties,  af;ain,  never  included 
what  was  understood  by  the  impirimn :  he  never 
had  either  military  conrro^nd  or  civil  juris- 
diction ;  and  his  powers  'did  not  extend  beyond 
the  first  milestone  from  the  city.  If  we  dis- 
tinguish the  time  before  the  Hortensian  law 
from  that  which  followed  it,  we  find  that  for 


the  former  the   tribunician   power   eonsisted 
essentially  in  three  functions. 

1.  They  had  the  right  to  summon  meetings  of 
the  plebs,  and  to  take  votes  on  resolutions  pre* 
posed  to  them.  Mommsen  finds  the  basis  ef 
their  power  to  lie  in  the  ptMadivm  passed  by 
Icilius  in  472,  which  was  a  general  oath  that 
they  would  tolerate  no  inteHerence  with  this- 
right  on  the  part  of  the  magistrates.  Private 
persons  also  interrupting  a  tribune  while  speak- 
ing were  liable  to  punishment  (Val.  Max.  ix.  5,. 
2  ;  Plin.  Ep.  i.  23,  2). 

2.  The  right  of  mieroe$9io,  or  <«  veto^*'  as  it  is. ' 
called  (by  a  term  which  has  little  or  no  ancient 
authority^  was  a  right  within  due  limita 
assigned  to  every  magistrate  in  relation  to  a 
colleague  or  an  inferior  magistrate.  But  it 
acquirod  im  importance  in  practice  with  tho 
tribunes,  which  transcended  anything  to  be> 
found  elsewhere.  It  is  very  doubtful  whether 
it  can  have  been  acquired  in  its  full  extent  all 
at  once,  and  the  common  opinion  that  it  waa 
at  first  limited  to  the  ^tu  enukui  is  not  based  on 
any  good  authority.  It  seems  more  probable 
that  it  was  only  the  outcome  of  a  series  of 
struggles,  which  our  materials  do  not  allow  n» 
to  trace  in  detail.  But  it  acquired  special  im- 
portance in  the  case  of  the  tribunes,  partly 
because  they  were  so  destitute  of  more  active 
functions,  and  partly  because  circnmstancea 
tended  to  call  forth  the  exercise  of  the  veto  by 
the  tribunes,  rather  than  by  any  other  magis- 
trates. Undoubtedly  it  was  midnly  employed 
for  auxilium,  ».e.  for  the  protection  of  any  dtixen 
(patrician  as  well  as  plebeian:  Uv.  iii.  13,  9; 
56,  5 ;  viii.  33,  7 ;  ix.  26,  16)  against  a  magis- 
trate's sentence.  To  secure  that  this  should  be- 
always  accessible,  the  tribunes  were  forbidden 
to  sleep  out  of  the  city  during  their  time  of 
office  (the  Latin  feast  alone  being  an  exception), 
and  required  to  leave  their  lwuse<doors  open 
night  and  day.  But  we  find  one  or  two  in- 
stances where  tribunes  were  exempted  i^m  thia 
law  by  the  senate,  and  sent  on  special  businesa 
of  importance  to  generals  in  the  field  (Liv.  ix. 
36,  14;  xxix.  20).  Their  official  duties  were 
always  discharsed  in  public,  and  at  a  later  time 
the  regular  place  for  them  was  the  Porcia 
Basilica. 

But  the  right  of  veto  extended  also  to  pro- 
posals brought  before  the  people  in  the  Comitia, 
as  well  as  to  those  brought  before  the  plebs. 
In  the  latter  case  this  was  merely  an  application 
of  the  right  to  stop  a  colleague's  action:  the 
former  seems  more  surprising,  but  it  pnAably 
arose  from  the  need  of  hii^ering  resolutions 
which  would  have  interfered  with  the  rights  of 
the  commons.  We  find  it  employed  in  a  con- 
sular election  as  early  as  B.c.  483  (Dionys.  viii. 
90),  and  in  a  prosecution  by  the  quaestors  in 
B.a  459  (Uv.  iii.  24,  7).  The  right  of  vetoing 
a  resolution  of  the  senate,  or  rather  the  action 
of  the  magistrate  needful  for  its  passing,  i» 
mentioned  first  in  B.G.  445  (Liv.  iv.  6,  6X  but 
not  as  any  new  thing.  At  this  time  the  trtt>iuiea 
had  no  right  to  enter  the  senate,  but  sat  os 
their  subsellia  before  the  doorways,  and  did  not 
interfere  in  the  debate,  but  only  during  or  after 
the  voting.  The  veto  can  hardly  have  been 
exercised  io  long  as  the  resolution  of  the  senate 
was  in  theory  simplv  advice  to  the  macistrates 
as  to  their  action.    It  is  probable  therefore  that 


874 


TBIBUNUB 


TBIBUNU8 


it  WM  not  employed  until  iht^senaius^  muMriku' 
became  oonstitutionally  neceeaniy,  in  ^rder  thi^ 
a  resolation  of  the  commons  shonld  be  binding 
on  the  whole  community.  If-  a  tribune  retoed 
the  act  of  any  magistrate  beftirehand,  and  it  was 
atill  done,  it  was  not  therefore  invalidated,  -but 
the  magistrate  was  liable  to  punishment ;  but' 
if  the  act  was  vetoed  afterwards,  it  became 
legally  of  no  effect.  One  tribune  could  impose 
the  veto,  and  all  the  others  could  not  remove  it; 
but  any  one  of  the  tribunes  by  his  veto  could 
stop  a  colleague  from  carrying  out  any  threatened 
punishment  for  disregard  of  the  veto. 

/  The  threat  of  punishment  could  naturally 
y"  only  be  directed  against  private  persons  when 
/  discharging  some  publio  function  (Cict  pro 
OuenL  27,  74;  cf.  Sail.  Jti^.  34).  We  find, 
howevvr^  numerous  instances  in  which  the 
tribunes  summoned  persons  to  appear  before  a 
contiOf  and  there  answer  questions  (Gic.tn  Pkil; 
vi;  ad  Att  i,  14^  I;  lir.  20fb ;in  Ktft.  10,^4: 
cL  GelL  ziii.  12,  6). 

3.  Tht  right  of  tn^sroMsib  would  have  been, 
meaningless  without  the  support  given  to  it  by 
the  right  of  eoerdtiOf  or  enforcing  obedience, 
and  the  latter  was  a  necessary  rtsult  of  the 
claim  of  the  commons  to  self-defence.  £very 
action,  which  was  regarded  as  threatening  to 
the  commons  or  their  representatives  the  tri- 

,/^bttnes,  was  exposed  to  punishment  by  fine;  by 

i,  seisure  of  goods,  or  even  by  death.    The  only 

/  limits  set  to  this  power  of  the  tribunes  were 
those  resulting  from  the  interposition  of  another 

^colleague  or  f^m  an  appeal  to  the  people  {pro- 
vooaUo).  At  first  the  appeal  lay  solely  to  the 
commons ;  but  as  it  Was  manifestly  unfair  that 
a  patrician  should  have  to  appeal  to  a  body  of 
which  he  was  not  a  member  (cf.  Mommsen, 
S9m.  Forseh.  i.  209^  the  Twelve  Tables  provided 
that  in  capital  cases  the  tribunes  should  prose- 

'  cute  A  citisen  before  the  centuries ;  and  that  it 
should  be  only  in  oases  of'  fine  that  the  tribes 
should  hear  the  appeal,  if  we  are  right  in 
regarding,  with  Mommsen,  the  sacrosoncto' 
pateHas  of  the  tribunes  as  based  upon  a  revo- 
lutionary movement  of  self'^efence,  it  ought 
properly  to  have  ceased  when-  the  tribuneahip^ 
after  the  fall  of  the  decemvirs,  was  recognised  as 
'^     a  permanent  part  of  the   constitution  by  the 

-  Valerio-Horatian  law.  As  a  matter  of  fact  both 
law  and  oath  were  employed  (Liv.  iii.  55)  in  the 
re-establishment  of  the  tribuneship ;  and  the  two 
conceptions  of  **  legitimate  "  and  f*  sacrosanct " 
power  continued  to  exist  side  by  side,  so  that' 
both  Julius  and  Augustus  were  able  to  make 
use  of  the  latter  for  their  own  purposes. 

The  cessation  of  all  strife  between  the  orders, 
to  which  the  Hortensian  law  bore  witness, 
marked  the  stage  at  which  the  tribunes  became 
moffiatratea  of  the  community.  From  this  time 
down  to  the  end  of  the  RepubUc  their  power  was 
practically  always  on  the  increase,  except  for  a 
very  short  period.  In  B.C.  81  Sulla  greatly 
reduced  it  by  depriving  them  of  all  power  of 
proposing  laws,  and  by  enacting  that  any  one 
who  had  held  the  tribuneship  shouM  thereby  be 
disqualified  from  standing  for  any  other  office, 
so  excluding  all  men  of  energy  and  ambition 
(Liv.  Ep.  Ixxxix. ;  Veil.  iS.  30 ;  AppUn,  Beil. 
Civ,  i.  100,  ii.  29).  But  in  B.C.  70  Pompeius 
restored  to  the  tribunes  all  their  old  powers 
and  righu  (Liv.  £p,  97,  &c.).    Their  right  of 


addtessing  the  oentnries  lemainnd  Ir^^ted  %o  the 
cases  where  they  appeared  as  prosecutofs^  but 
their  fVeedom  of  action  in  relation  to  the  tribes 
was  unrestricted*  Their  right  of  veto  was 
restrieted  only  in  a  few  cases,  as  by  the  Uw  of 
Gains  Gracchus  in  B.C.  123  in  relation  to  the  con- 
sular provinces,  and  in  trials  by  the  qwaesHoitea 
pifpetnas  (cf.  Mommsen,  £ikn,  St.  i.  262); 
practically  it  became  a  mere  implement  of 
political  war&re,  as  often  used  against  as  in  the 
interests  of  the  popular  party.  It  was  a  result 
of  their  magbterial  position  that  tbey  now 
frequently  presided  at  the  election  of  magis- 
trates, especially  in  the  case  of  extraordinary 
appointments.  Whether  the  consul  or  the  tribune 
presided  was  doubtless  generaily  determined  by 
the  law  under  which  the  appointment  was  made. 
With  regard  ta  thtir  legtclativB  powers,  after 
Uie  Uorten^n  law  there  was  nothing  in  prevent 
legblation  upon  any  matter  being  brought 
forward  before  the  tribes  by  the  tribunes,  though 
usage  left  some  questions^  especially  thai  of 
declaring  war,  to  the  centuries.  Kow,  too,  the 
pltbiacUum  was  descfeibed  as  lex  mne  id  pUU 
scUuim  egtf  whence  it  Came  naturally  to  be  often 
called  simply  a  /!r«,as  we  see  fVom  the  fragments 
of  the  lex  de  repehmdiB  and  de  agrie  divShmdi*. 
As  for  their  power  of  oomvitiOf  this  developed 
into  a  general  right  to  prosecute  t&t  oSences 
against  the  community,  especially  in  the  case  of 
odending  magisiirftes  upon  the  expiiy  of  thetr 
ttna  of  office  (cf.  liv.  tz.  26,  18 ;  xU.  7»  10). 
Most  of  the  numerous  instances  of  their  action 
which  are  recorded,  have  to  do  with  ooqsu1s» 
prooecuttod  for  neglect  of  their  duties  in  tiie 
field,  or  for  gross  instances  of  misuse  of  their 
powers.  But  -there  are  cases  of  the  prosecution 
of  private  citixens  for  offences  against  the 
state.  When  the  law  imposed  upon  the  magis- 
trates the  duty  of  punishing  by  fine  a  definite 
offisnce^  it  is  generally  the  aediles^'  not  the 
tribunes,  who  take  action.  Sulla  took  away 
fiH>m  the  tribunes  their  power  of  pneecuting, 
and  conferred  it  upon  the  qutugtio  majesiatiM : 
and  this  continued  to  exist  after  the  tribunes 
had  had  their  powers  restored  to  them,  so  that 
after  this  date  their  action  occurs  rarely  and  ex- 
ceptionally. Finally,  as  magistrates,  the  tribunea 
acquired  the  right  not  only  of  sitting  and 
speaking  in  the  senate,  but  also  of  convening 
and  oonsulUng  it.  But  when  and  how  this  cam* 
te  be  the  practice^  we  cannot  definitely  determine. 
The  authorities  are  inoenaistent  and  self-oontn- 
dictory.  Dionysius  (x.  31)  represents  Jolius  as 
attempting  to  sumnxm  the  senate  in  B.C.  456, 
but  he  nowhere  indicates  that  the  tribuAes  really 
had  this  power.  livy  represents  a  tribune  aa 
present  in  the  senate  in  B.0. 462  (ilt.  9,  IIX  and 
as  speaking  there  in  B.G.  420  (iv.  44,  7).  Bat 
the  first  trustworthy  instanoe  is  in  B.C.  &1& 
(Liv.  xxiL  61);  and  It  is  most  reasonable  to 
suppose  that  the  power  of  independent  legislation 
given  by  the  Hortensian  law  was  aoobmpaitied 
by  the  right  to  consult  the  senate  beforehand  as 
to  proposed  measures.  It  never,  however,  became 
^ual  for  a  tribune  t^  convene  the  senate  instead 
of  the  consuls  or  the  praetor  urbanns.  Under 
the  l^pire  the  right  vm  retained  (Taa  Amn.  vi. 
18),  but  rarely  exercised.  Besides  thesc'defintte 
powers,  the  tribunes  often  appear  as  joining  in 
the  common  action  of  the  magbtrates  in  times 
of  national  danger,  or  mijeting  special  emergenciea 


TBIBUB 

by  ihcir  independent  aathority  (of.  Ctc  tn  Verr, 
iu  Al,  100 ;  de  Off.  iii.  20,  80 ;  Tee.  Hist.  ii.  91 ; 
Plin.  Ep.  ix.  13,  19). 

Under  the  Empire  the  trihnnethip  beeeme  a 

mere  shadow  of  its  former  self,  the  emperer 

exercising  all  its  fnnctions  by   Tirtoe  of  hie 

trUmtUcia  potettas.    Pliny  (JEjp.  i.  23)  gives  a 

wery  interesting  account  of  the  manner  in  which 

it  was  regarded  in  his  own  day.    It  appears  on 

the  roll  of  magistracies  in  the  early  part  of  the 

third  century;  but  disappears  after  Alexander 

Seyeras  allowed  candidates  to  proceed  from  the 

quaestorship  to  the  prftetorship.    The  name  is 

only  retained  in  the  superscription  of  formal 

addresses  to  the  senate  as   late  as  A.D.  423. 

r    Perh^M  the  title  was  stUl  formally  conferred  on 

I  ^«  pertain  number  of  the  senatoia.    (Cf.  Momm* 

/  I  ee'n,  Mdm.  SiaaUreehij  ii  261-318.)  [A.  S.  W.] 

i  i>  '^BIBUH  (^ifX^X  «  political  dirision  of  a 

>w/\/   people.     1.  Obbek.    The  word  fv\ii  does  not 

occur  in  Homer,  and  the  politicSal  idea  which  it 

embodies   is  undoubtedly  post-Homeric     The 

^Kop  of  Homer  is  a  race  or  breed,  e.<f,  of  gods, 

men,  animals,  even  insects  {H,  xiz.  30);  more 

rarely,  it  is  a  '^  tribe  "  in  the  sense  of  nation  or 

people,  and  this  tribe  may  be  an  aggregate  of 

septs  or  clans  {marik  ^Ao,  mtfrit  ^p^paf,  H.  ii. 

362).    In    this   passage,    and    in    the    phrase 

Awpi^sr  rpcx^'K'  C^"  ^<-  177)j  we  see  the 

germs  of  later  institutions. 

In  the  early  historic  period  we  find  the  «■d^lf 
or  state  dirided  into  ^uXof,  with  more  or  less 
reference  to  a  fhrourite  or  sacred  number  which 
raried  in  different  races.  Thus  the  lonias 
number  was  four,  the  Dorian  three;  the  four 
**  old«Ionic  "  tribes  occur,  with  the  same  names, 
in  other  Ionian  states-  besides  Athens;  and 
traces  of  the  tiiree  Dorian  tribes  are  found  in 
all  the  countries  which  they  colonised.  These 
tribes  were  in  the  first  instance  genealogical 
(7«iriicaQ,  afterwards  local  (wmtat):  on  this 
distinction  of.  Demui,  p.  615  a.  The  three 
Dorian  tribes  were  called  TAAcir,  Au/uufSrai  or 
Aoytarfff,  and  Ild^Aei  (Find.  Pyth.;  i.  120  ff. ; 
Herod,  t.  68;  Steph.  s.  oo.).  As  usual,  the 
names  were  said  to  have  been  derived  from 
eponymous  heroes;  the  first  from  Hyllus,  son  of 
Hwoules,  the  othen  ftrom  Dymas  and  Pam« 
phTlos,  leaders  who  fell  in  the  inrasion  of  the 
Peloponnesus.  In  reality  the  name  Pamphyli 
points  to  the  aggregation  of  a  number  of  scattered 
family  elenients  under  a  single  tribe.  Traces  of 
a  rptw9\t9  in  Doris  are  fbuikl  in  Thucyd.  L  107, 
Died.  tL  79y  but  there  is  no  eWdence-to  show 
that  each  pikif  occupied  a  separate  v^Ait :  ebie- 
where  the  Dorian  rtrpd/woKis  is  mentioned,  as  by 
Strabo  (ix.  p.  427).  The  Hyllean  tribe  ranked 
first  in  precedence ;  the  Pamphylians,  as  a  mixed 
multitude,  came  last;  but  at  Sparta  there 
does  not  appear  to  have  been  much  distinction, 
for  all  the  i^eemen  there  were  by  the  eonstitu- 
tion  of  Lycnrgus  on  a  footing  of  equality. 
When  Herodotus  speaks  of  the  Aegeidae  as  ^Kif 
/MTdAiy  4p  %w^ifTff  (iv.  149),  he  is  not  to  be 
understood  as  spealcing  of  a  fourth  tribe  of  equal 
or  similar  dignity  and  rank  to  the  ot||er  three. 
He  uses  the  term  ^X^  in  the  general  sense 
of  T^yet  or  ^pcsrpia  (Stein  m  ko.  See  also 
Pindar,  Pyth,  v.  101).  To  these  three  tribes  othen 
were  added  in  difierent  places,  either  when  the 
Dorians  were  joined  by  other  foreign  allies, 
or  when  some  ef  •  the  old   inhabitants    were 


TBIBXJS 


875 


admitted  to  -Uie  rank  of  cHiienship  or  equal 
privileges.  Eight  tribes  are  mentioned  'in- 
Corinth  (Snidas,  s.  e.  Ildyra  ^icriQ,  four  in 
Tegea  (Pans.  viii.  53,  §  6).  In  £lis  there 
were  twelve  tribes,  afterwards  rednced  to  eight 
by  a  war  with  the  Arcadians  (Pans.  v.  9,  ^  6), 
from  which  they  appear  to  have  been  geogra* 
phical  divisions  (Wachsmnth,  vol.  ii.  pt.  i.  p.  17). 
Sometimes  we  find  mention  of  only  one  of  the 
Doric  tribes,  ss  of  the  Hylleans  •  in  Cydonia 
(Hesych.  s. «.  'TXAeSk),  the  Dymanes  in  Haliear<< 
nassus;  which  probably  arose  flrom  coloniea 
having  been  founded  by  the  members  of  one 
tribe  only  (Wachsmuth,  vol.  ii.  pt.  i.  p.  15). 

Traces  of  the  three  old  Dorian  tribes  occur 
with  more  or  less  distinctness  at  Megara,  where 
they  continued  up  to  Reman  times  (C.  /.  O* 
1073 ;  Lebas,  ii.  48%  though  other  tribea  were 
added  (C.  /.  Q.  1072) ;  at  Argos  ((7.  /.  0. 1123, 
1128,  1132;  MiiUer,  Fr9g,  HUt,  Or.  iv.  497), 
where  there  also  existed  a  ^A^  H»p  *Xpymi9tmf 
(C.  I.  0.  1130,  1131X  probably  consisting  of 
dtisens'  of  mm^Dorian  origin,  since  it  occurred 
also  at  the  neighbouring  Asgioa  and  Epidauru* 
(Miiller,  Aegin,  p.  140) ;  at  Sicyon,  where  Clei* 
sthenes  changed  the  names  of  the  three  Dorian 
tribes  to  'Tfinu,  'Oi^eorax,  and  Xoipccrrai,  t* 
insult  their  members,  and  added  a  fourth  tribey 
the  'Apx^Aooi,  his  own  ruling  fiunily  [sixty^ 
years  after  his  death  the  Doric  names  were 
restored,  and  afouxth  tribe- added,  called  AIym- 
kUs  after  the  son  of  the  hero  Adrastus  (Herod. 
V.  68)];  at  Troezen  (Steph.  s.  e.  'TXAtir). 
SimiUur  evidence  in  the  case  of  Dorian  colonies 
is  found  at  Cos,  where  the  ^oktiL  were  sub- 
divided into  ^pttrpltUf  and  also  into  r^tcucdXet 
and  vemyirooT^sf  {BuU.  de  Oorr,*  BelL  v.  No.  7, 
p.  217 ;  Caner/  p.  159) ;  at  There  (Mitt/k  deutBch. 
arch,  ffut,  Ath.  ii.  73);  at  Heraelea  on  the 
Ponttts  (o6ow  a^nuf  rpmw  ^wXdr,  Aen.  Poller* 
eet.  xL  10);  at  Epidamnus,  where  the  ^^Xo^x^' 
had  at  one  time  the  control  of  the  government 
(Aristot.  Pol.  viiL  (v.)  l=pL  1301).  -  In  SicUy^ 
the  three  Dorian  tribes-  occur  at  Syracuse  {tria 
gemorHy  Cic.  Vtrr.  ii.  51,  127 ;  Pint.  Nic  xiv. ; 
Holm,  0€9ch.  Sieil.  i.  418),  and  at  Acragas 
(vpocijMVo^tfttf  Tus  ^uAms  tAv  *TkfJmp^  C,  Z  <?• 
5494). 

Traces  of  these  tribal  subdivisions  are  also 
fbund  in  Thessaly  (see  Harpocrat.  s.  «.  rcrpa^ 
x'a:  rerrdpwr  fupAp  iprmp  r^  •crraAfat 
fjnurrer  ^pot  rvrp^f  ^icaXerre^  st90d  ^^iw 
*£AXdriitot  ip  Tocf  6ffVTaXaro«r  ipofmM4  pi^ip 
tJptu  rah  rwrpiffi  OfrraAidTUr,  Murrii',  IleXmr- 
TMTcir,  *EcrT«aurrtf'.  col  'A/HtfTOVcAiff  tk  hfrf 
ttmpf  BerraKmp  vsAireff  hti  *AAe^  ov  II^ov 
Si^p^tffaf  ^l^9t9  sir  r^rropat  putlpas  riip  Ber» 
raAfor):  among  the  Malians  (thuc;  UL  92, 
MifAiiff  o2  ^6farapTts  thl  /jAp  rpia  f^4pi^  IIi^- 
AMI,  *lfp^,  Tpoxipt»i\  end  the  Aetolians  (Thuc. 
iii.  94,  htix'tpttp  9*  Mktpop  itpwrop  fikp  'Ave* 
Mrots,  Irs ir«  3'  'O^iortvo'i,  aal  fiev^  to^ovs 
Eftpwovur,  Svep  fUyitrrop  pi4po§  lorl  t&p  Airtt* 
k&p).  It  is  possible  that  some  of  these  names 
may  denote  geographical  rather  than  purely 
tribal  subdivisions.  It  is  a  possible  conjecture 
that  the  four  fiovXml  of  Boeotia,  mentioned  in 
Thuc.  V.  38  as  tthe§p  iwop  rh  jcvpet  fx^^h 
point  to  a  survival  of  some  old  quadruple 
division  of  Boeotia  into  tribes. 

Of  all  the  Dorian  people  the  Spartans  kept 
themselves  the  longest-  unmixed  with  foreign 


876 


TBIBUS 


blood.  So  jealous  were  they  to  maintain  their 
ezclaaiye  priTileget,  that  they  had  only  admitted 
two  men  into  their  body  before  the  time  of 
Herodotos  (Herod,  iz.  33,  35).  Aristotle,  how- 
ever, remarks  {Pol.  ii.  9)  that  there  was  a 
tradition  that  the  privilege  of  citizenship  was 
oooferred  M  r&p  irpor^wr  fiaxrikimif.  After- 
wards their  numbers  were  occasionally  recruited 
by  the  admission  of  Laoonians,  Helots,  and 
foreigners;  but  this  was  done  rery  sparingly, 
until  the  time  of  Agis  and  Cleomenes,  who 
created  large  numbers  of  citizens.  But  we 
cannot  further  pursue  this  subject  (Schumann, 
op.  ciY.  p.  114). 

The  Bubdiiision  of  tribes  into  ^parpttu  or 
vdrpuit  T^i^f  rptrr^f,  &c,  appears  to  have 
prevailed  in  various  places  (see  Gilbert,  Indez, 
9.  90.).  On  the  iffitti  at  Sparta,  of  which  very 
little  is  known,  see  Geboubia,  Vol.  L  p.  914a. 
After  the  time  of  Cleomenes  the  old  system  of 
tribes  was  changed;  new  ones  were  created 
corresponding  to  the  different  quarters  of  the 
town,  and  seem  to  have  been  five  in  number 
^chttmann.  Ant.  Jw,  Fvb.  p.  115;  Mtiller, 
J)or.  iii.  5). 

Of  the  colonies  in  Aeolis,  at  Ilium  we  hear  of 
fvKedj  ^\dpx^  luid  ^pterpiat :  names  of  tribes 
occur,  e^,  *AXf{ayS^s  (C.  /.  0. 3615X  'ArraXis 
(ib.  3616),  ntuf9mis  (•&.  3617) ;  at  Lampsacus  we 
hear  of  fvXad  and  licaro0T^s  (Gilbert,  Staata- 
alt  ii.  160);  at  MeUiymna  the  citizens  were 
divided  into  ^ukal  and  x*^?^^^'  Q^  *^- 
p.  166). 

The  four  Ionian  tribes — Geleontes,  Hopletes, 
Aegicoreis,  Argadeis  —  which  are  spoken  of 
below  in  reference  to  Attica,  were  found  also  in 
Gysicus,  together  with  two  others,  B«pcis  and 
Obwrt f  (C.  I,  O,  3663-4-5).  In  Samos  a  ^vA^ 
Altrxpimji  is  mentioned  by  Herodotus  (iii.  26)^ 
whi^  was  probabW  a  Carian  race  that  mingled 
with  the  lonians.  i  Ephesus  five  tribes  are 
mentioned,  of  diftlsrent  races.  At  Miletus,  in 
the  period  of  its  dependence  on  Athens,  the  ten 
Cleisthenean  tribes  (see  below),  under  the  same 
names  as  at  Athens,  formed  part  of  the  con- 
stitution (Lebas,  Asie  Mm,  238  f.).  At  Smyrna 
we  do  not  seem  to  have  any  trace  of  tribes  until 
Roman  times  CA/^iMr(f ,  (7. 1.  G,  3364 ;  'Afn-c- 
luaidtf  ib.  3266). 

Coming  nezt  to  the  Islands  of  the  Aegean,  we 
find  that  at  Syros  the  citizens  were  divided  into 
^Aol  and  pparpltu  {C,  L  0.  2347  g) ;  a  similar 
amngement  prevailed  at  Delos  (Gilbert,  ul  svp. 
p.  206).  At  Tenos  we  have  the  names  of  tea 
local  ^uAa{,  known  by  a  collective  name  (as 
'HpojcXciSoiX  or  heroic  (as  "twKu4is :  see  C  /.  0, 
2338) ;  each  of  these  was  subdivided  into  ^po- 
rplai  ((7.  /.  Q.  2330, 2333).  Similar  subdivisions 
prevailed  at  Andros  {Mitih.  dewttoh.  Arch.  InsL 
Ath,  I  p.  237)  and  at  Calymna  (iinc  Qr^ek 
Inter,  in  Brit  Mu9.  iL  232  f.). 

In  Cyrene,  according  to  Aristotle  (Pol.  vii. 
(vi.)  4\  an  increase  in  the  number  of  ^uXol  and 
^pcerpiau  is  the  result  of  a  more  democratical 
constitution. 

In  Magna  Graecia  the  only  surviving  trace  of 
tribal  divisions  occurs  in  the  case  of  Thurii, 
founded  B.a  443  ([Plut.]  Vit  Dec.  Or.  835  D). 
Here  there  were  ten  tribes:  *A^fHb,  *Axatf, 
*HXc/a,  Botwrlu,  *A^iicruoWs,  Ampis,  'lif,  'A9i|- 
M^f,  EiffioiAt,  and  Viict&Tts  (Diodor.  zii.  11). 

Mythic  names  of  Attic  tribes,  ascribed  to 


TBIBUS 

the  reign  of  Cecrops,  are  Ceenpis  (Kcaf^vfr), 
Autochthon  (AMx^tnOf  '^^ciaea  CAxraiaX  and 
Paralia  (IlapaXfa);  and  in  that  of  Craoaos, 
Cranais  (Kpwtis),  Atthit  CAt«(sX  Muoaaea 
(Mw^yata)j  and  JHacrit  lAmitpls).  After- 
wards we  find  a  new  set  of  names:  JXas 
(AiiUX  AthenoM  QAhiwats),  Po§idoniaa  (n«rc«- 
Swrub),  and  ffephaettiaa  (^H^aiarids) ;  evidently 
derived  from  the  deities  who  were  worshipped 
in  the  country.  (Compare  Pollux,  viiL  109.) 
Some  of  those  secondly  mentioned,  if  not  all  of 
them,  seem  to  have  been  geographical  divisioiis  ; 
and  it  is  not  improbable  that,  if  not  independent 
communities,  they  were  at  least  connected  by  a 
very  weak  bond  of  union.  Bui  all  these  tribes 
were  superseded  by  four  others,  whose  appear- 
ance corresponded  in  time  with  the  Ionic  aettle- 
ment  in  Attica,  and  which  seem  (as  before 
observed)  to  have  been  adopted  by  other  Ionic 
colonies  out  of  Greece.  The  names  Oeltoutu 
(rcA^yrf  tX  Hopletes  COrA^rct),  ArgadriM  fA^ 
ydSeit),  Aegiooreie  (Atyunptts),  are  said  by 
Herodotus  (v.  66)  to  have  been  derived  from  tho 
sons  of  Ion,  son  of  Xuthus  (see  £nrip.  /on,  1596, 
he;  Polluz,  L  c),  after  the  commoii  Greek 
custom  of  inventing  a  genealogy  to  aooount  for 
a  term.  The  question  of  the  true  significaaoo 
of  these  names  has  been  much  debated.  Tbo 
etymology  of  the  last  three  would  seem  to 
suggest  that  the  tribes  were  so  called  from  the 
occupations  which  their  respective  members 
followed ;  the  Hopletes  being  the  armed  men,  or 
warriors;  the  Argadeis,  labouren  or  husband- 
men; the  Aegicoreis,  goatherds  or  shepherds;, 
For  the  form  and  etymological  meaning  of  the 
first  name,  see  article  GsLBOXTEa.  Cnrtivs 
regards  the  tribes  as  **a  fixed  number  of  noble 
clans,  or  groups  of  families,  who  were  recog- 
nised as  of  full  blood."  Grote  repudiates  the 
caste-theory  (in  common  with  most  modem 
writers),  and  gives  up  any  attempt  at  either 
ezplaining  the  names  by  etymology  or  ascer- 
taining their  oonnezion  with  the  original  pop«- 
lation  of  Attica.  SchOmann  thinka  •^that  each 
Phyle  was  named  according  to  the  mode  of  lile 
and  the  employment  pursued  by  the  majority  or 
the  most  important  part  of  its  nemboa." 
Thus,  **if  there  was  a  part  of  Attica  whose 
inhabitants  were  principally  devoted  to  the 
rearing  of  cattle,  especially  of  goats,  the  Phyle 
living  there  was  called  the  Phyle  of  the  Acgi- 
cores."  He  'explains  Geleontes  as  *'the  illus- 
trious," i.e.  the  nobles,  who  lived  in  the  capital 
and  its  neighbourhood.  Whatever  be  the  truth 
with  respect  to  the  origin  of  these  tribca,  one 
thing  is  more  certain,  that  before  the  time  of 
Theseus,  whom  historians  agree  in  representiag 
as  the  great  founder  of  the  Attic  commonwealth, 
the  various  peoples  who  inhabited  the  country 
continued  to  be  disunited  and  split  into  fiutioas. 
In  the  division  of  the  inhabitants  of  Attica, 
traditionally  ascribed  to  Theseus,  the  people  wcie 
divided  into  KtnrvrplMat,  Tomfiipoi  CAypmrnm^^ 
and  Aiifuovpyoif  of  whom  the  first  were  nobles, 
the  second  agriculturists  or  yeomen,  the  third 
labourers  and  mechanics.  At  the  same  time,  in 
order  to  consolidate  the  national  unity,  he 
enlarged  the  dty  of  Athena,  with  which  he 
incorporated  several  smaller  towns,  made  it  the 
seat  of  government,  encouraged  the  nobles  to 
reside  there,  and  surrendered  a  part  of  the  roval 
prerogative  in  their  favour.  The  Tribes  or  Phyla* 


TBIBUS 

wen  diridad,  Moh  into  three  ppvrpleu  (a  tenii 
eqiuTilent  to  fraternitiet,  and  analogoot  in  its 
political  nlation  to  the  Roman  CuHom),  and 
«ach  fpoTpU  into  thirty  y^  (eqniyalent  to 
the  Roman  OenUi),  the  members  of  a  y4pof 
being  called  y^^wnrtu  or  S/uy^i\aKr§s.  Each 
y4pos  was  distinguished  by  a  pwticalar  name  of 
•  patronymic  form,  which  was  derired  from 
•ome  hero  or  mythic  ancestor.  We  learn  from 
PoUnz  (riiL  111)  that  these  divisions,  thoagh 
the  names  seem  to  import  family  connexion, 
were  in  &ct  artificial ;  which  shows  that  some 
ndvanoe  had  now  been  made  towards  the 
establishment  of  a  closer  political  anion.  The 
members  of  the  ^pcerpiui  and  y4vii  had  their 
respectire  religious  rites  and  festirals,  which 
were  presenred  long  after  these  communities 
had  lost  their  political  importance,  and  perhape 
prerented  them  from  being  altogether  dissolrid. 
^Compare  Miebuhr,  Higt.  of  Rome^  rol.  i.  p.  311, 
eBc.i 

The  exact  relation  between  the  four  Ionic 
tribes  and  the  three  Theseian  classes  is  still  a 
matter  of  dispute.  It  would  appear  from  the 
statements  of  ancient  writers  on  the  subject 
that  tadi  of  the  four  tribes  was  dirided  into  £n- 
patridae,  Geomori,  uid  Dsmiurgi ;  some  modem 
•cholars,  ejg,  Philippi  and  Curtius,  hold  on  the 
oontrary  that  the  tribes  and  phratries  were 
diTisions  of  the  Eupatrids  alone,  and  that  the 
Qeomori  and  Demiurgi  were  outside  of  the  tribal 
organisation.  The  reasons  for  rejecting  this 
Tiew  are  giren  under  Eupat&ioab,  in  Vol.  I. 

After  the  age  of  Theseus,  the  monarchy 
haring  been  first  limited  and  afterwards  abo- 
lished, the  whole  power  of  the  state  fell  into  the 
hands  of  the  Eupatrioab  or  nobles,  who  held  all 
eiTil  offices,  and  had  besides  the  management  of 
religious  sJTairs  and  the  interpretation  of  the 
laws.  Attica  became  agitated  by  feuds,  and  we 
find  the  people,  shortly  before  the  legislation  of 
Solon,  divided  into  three  parties, — lltStaibi  or 
lowlanders,  Aidjcpcot  or  highlanders,  and  Ildpei^ 
K9t  or  people  of  the  sea-coast.  The  first  two 
remind  us  of  the  ancient  names  of  tribes, 
Meeogaea  and  Diacris;  and  the  three  parties 
appear  in  some  measure  to  represent  the  classes 
esUblished  by  Theseus:  the  first  being  the 
noblea,  whose  property  lar  in  the  champaign 
and  most  fertile  part  of  the  country;  the 
second,  the  smaller  landowners  and  shepherds ; 
the  third,  the  trading  and  mining  class,  who 
had  by  this  time  risen  in  wealth  and  impor* 
tanoe.  To  appease  their  discords,  Solon  was 
applied  to ;  and  thereupon  framed  his  celebrated 
constitution  and  code  of  laws.  Here  we  have 
•nly  to  notice,  that  he  retained  the  four  tribes 
as  he  found  them,  but  abolished  the  existing 
distinctions  of  rank,  or  at  all  events  «reatly 
diminished  their  importance,  by  introducmg  his 
property  qualification,  or  division  of  the  people 
into  ncrroKoe'io/AAifiyoi,  'lewcls,  Zevyrroi,  and 
ei|r«t.  The  enactments  of  Solon  continued  to 
be  the  lam  at  Athens,  though  in  great  measure 
suspended  by  the  tyranny,  until  the  democratic 
reform  efibcted  by  Cleisthenes.  He  abolished 
the  old  tribes,  and  created  ten  new  ones,  accord- 
ing to  a  geographical  division  of  Attica,  and 
named  them  after  ten  of  the  ancient  heroes: 
ErecktktU,  Aegeis,  Pandkmit,  Leoniis,  AcamanHtf 
OeneiSj  8ecr  :  • . .  IfippskthoomtUj  AemHs^  AiUiochis. 
These  tribj-    <    le  cnvided  each  into  ten  9^ftot^ 


TBIBUS 


•77 


the  number  of  which  was  afterwards  increased 
by  subdivision:  but  the  arrangement  was  so 
made,  that  the  several  Ki/wi  not  contiguous  or 
near  to  one  another  were  joined  to  make  up  a 
tribe.  [DSMUS.!  The  object  of  this  arrange- 
ment was  that  by  the  breaking  of  old  associa- 
tions a  perfect  and  lasting  revolution  might  be 
effected,  in  the  habits  aiul  feelings,  as  well  aa 
the  poUtical  organisation  of  the  people.  He 
allowed  the  ancient  ^parpim  to  exist,  but  thev 
were  deprived  of  all  political  importance.  AU 
foreigners  admitted  to  the  dUsenship  were 
registered  in  a  Phyle  and  Demus,  but  not  in  a 
Phratria  or  Genos ;  whence  Aristophanes  (Ranas^ 
418 ;  Ave$f  765)  says,  as  a  taunting  mode  of  de- 
signating new  citizens,  that  they  have  no  phrators, 
or  only  barbarous  ones  (quoted  by  Niebnhr, 
voL  i.  p.  312).  But  if  made  citizens  by  a  com- 
plimentary vote,  they  were  allowed  to  choose 
their  Phratria  as  well  [CiviTAfl,  op.  4436, 
444  a].  The  functions  which  had  been  discharged 
by  the  old  tribes  were  now  mostly  transferred 
to  the  KifLou  Among  others,  we  may  notice 
that  of  the  forty-eight  ramipapiat  into  whidi 
the  old  tribes  had  heea  divided  for  the  pnrpoee 
of  taxation,  but  which  now  became  useless,  the 
taxes  being  collected  on  a  different  system. 
The  reforms  of  Cleisthenes  were  destined  to  be 
permanent.  They  continued  to  be  in  force 
(with  some  few  interruptions)  until  the  down* 
mil  of  Athenian  independence.  The  ten  tribes 
were  blended  with  the  whole  machinery  of  the  i 
constitution.  Of  the  Senate  of  five  hundred,  I 
fifty  were  chosen  from  each  tribe. '  The  allotment 
of  SuMOTol  was  according  to  tril>es;  and  the 
same  system  of  election  may  be  observed  in  most 
of  the  principal  offices  of  state,  judicial  and 
magisterial,  civil  and  military ;  as  that  of  the 
^MunfTot,  Xaytffraif  vwAiirof ,  rofdaif  re  ixovomiI, 
^A^aoxei,  arpaniyolj  lie.  1%  B.a  307,  out  of 
compliment  to  Demetrius,)  Vorcetes,  the  Athe- 
nians increased  the  numhit'Of  tribes  to  twelve 
by  creating  two  new  ones,  named  ArUigoma  and 
DmnetriaSj  which  were  afterwards  styled  PtoU' 
mais  and  AttaUg;  and  a  thirteenth  was  subse- 
quently added  under  Hadrian,  bearing  his  own 
name  (Pint.  Demetr,  10;  Pans.  i.  5,  §  5;  Pollnx, 
vUi.  110). 

The  preceding  account  is  only  intended  as  a 
brief  sketch  of  the  subject,  since  it  is  treated  of 
under  several  other  articles,  which  should  be 
read  in  connexion  with  this.  [CiyiTAa  (Greek); 
Demus;  Phtlabchi;  Phtlobasilbis,  Ik.] 

[See  Wachsmuth,  vol.  i.  pt.  i.  pp.  224-240; 
K.  F.  Hermann,  Qriech.  8taat§ait,  td.  5  (1875), 
p.  348  f. ;  Busolt,  Qrieoh,  Ge$chichte,  i.  p.  390  £, 
with  manv  references  in  notes ;  Tliirlwall,  ffi$L 
Or0to$f  ch.  xi.;  Grote,  EiMt,  Oreeoe,  part  iL 
chs.  10,  31 ;  Curtius,  Eist.  Or^eoe,  tr.  by  Ward, 
Book  ii.  ch.  2;  Gilbert,  Oriech,  Aaai$aiL 
i.  109  f.,  ii.  paBskn;  Duncker,  Oe§ch,  GrML 
V.  84  f. ;  Boeckh,  8taat9kau$kalL  Athsn,,  ed.  3 
(1886),  i.  578  f. ;  Schumann,  AtUiq.  of  Oreeoa 
(tr.  by  Hardy  and  Mann),  Part  II.  ch.  4,  Part 
III.  ch.  3;  Fustel  de  Coulanges,  La  CiU 
onii^titf,  ed.  10  (1883),  p.  131  f.;  Freeman, 
ComparaHoe  Politics,  Lect.  3;  E.  Abbott,  Hitt. 
Greeoe,  i.  9.]  [A.  H.  C]    [W.  W.] 

S.  Roman.  J^  Patrician  2W&es.~The  deri- 
vation of  the  word  tribui  is  uncertain.  In  view 
of  the  three  earliest  Roman  tribes,  there  is  a 
temptation  to  connect  it  with  frss,  and  this  has 


878 


TBIBUS 


Qiaally  been  done  both  by  ancient  and  modern 
writers.  Thns  Dionyuns  (ii.  7)  gives  as  its 
Greek  equivalents  rptrrhs  or  ^vA.^,  while  Varro 
{L,  L,  V.  55)  says,  '*ager  Romanns  primnm 
divisns  in  partes  tree,  a  quo  tribos  appellatnr ; " 
of.  also  Pint.  Bom.  20.  So,  too,  Pott  (JStym. 
Fordck,  i  217  and  ii.  441)  and  after  him  Corssen 
(i.  IdS)  give  the  derivation  as  <n  +  ftu  (  =  bhn 
s  fa :  ^v).  On  the  other  hand,  there  is  no 
trace  of  any  oonnexion  with  trtt  in  any  of  the 
extant  meanings  of  <ri6iio,  while  on  the  historical 
side  it  seems  very  uncertain  whether  the  division 
into  three  tribes  was  essential  to  the  primitive 
Boman  state.  According  to  the  traditional 
account,  the  three  ancient  tribes — ^the  Titienses 
(or  TitiesX  the  Ramnes  (or  BamnensesX  and  the 
Luceres — were  created  by  Bomulus  after  the 
death  of  Tatins :  ^  popnlumque  et  sue  et  Tatii 
nomine  et  Lucumonis  qui  Romuli  soeius  in  Sabino 
proelio  occiderat,  in  tribns  tres.  ••descripserat" 
(Cic.  de  Rip.  ii.  8,  14.  See  also  Dionys.  iL  7, 
Varr.  I.  c;  and  c£  Uv.  L  13).  But  apart 
from  the  worthlessness  of  such  deBnite  state- 
ments with  regard  to  the  legendary  period,  it  is 
nnoh  more  probable  that  the  Boman  state  grew 
«p  by  a  gradual  synoikismos  of  originally  inde- 
pendent communities,  the  number  three  being 
accidental  and  not  essential.  In  this  connexion 
the  generally  ac^pted  origin  of  the  name  Titi- 
enses ftom  Tatius  the  &bine  king  cannot.be 
regarded  as  of  slight  importance;  and  if  the 
institution  of  the  ««aodales  TitU"  was,  as  Tacitus 
says  (Aan,  i.  54),  intended  **retinendis  Sabin- 
orum  sacrisi'*  this  would  certainly  seem  to  show 
that  the  Titienses,  a  Sabine  tribe,  entered  into 
an  already  existing  Latin  community;  while  the 
fact  that  they  are  usually  put  in  the  first  place 
and  the  Bamnes  in  the  second  (Varr.  v.  55,  89, 
91 ;  Oc.  <fe  Ssp,  ii.  20»  36 ;  Festus,  p.  344) 
makes  it  probable  that  they  entered  it  as  con- 
querors (Mommsen,  StaaUrioki^  iii.  p.  97).  That 
the  Ranuies  were  of  Latin  race  is  practically 
certain,  whether  the  name  is  connected  with 
Boma  or  Bomulus.  The  origin  of  the  Luceres 
IS  uncertain  (Liv.  i.  13),  nor  is  it  necessary  here 
to  diicuss  the  question  of  their  Latin  or  Etruscan 
origin,  especially  as  the  latter,  though  veiy 

Snerally  assumed,  rests  on  no  historical  evi- 
nce (Varr.  v.  55 ;  Plut.  Rem,  20 ;  Qc.  c/e  Rep. 
H.  8,  14;  Fest.  p.  119;  Niebuhr,  ROm,  Qt9ck. 
u  p.  329  ff. ;  Schwegler,  R(h9i.  Oeach,  i.  p.  505, 
Ike;  Madvig,  Verfass,  vmd  Venoalt.  de$  rAn. 
Staaies,  i.  p.  95,  «c).  What  seems  certain  is 
that  the  synoikismos  took  place  in  pre-historic 
times,  and  all  theories  on  the  subject  rest  on  a 
very  doubtful  foundation.  Possibly  the  three 
tribes  coincided  locally  with  the  original  city 
which  took  part  in  the  festival  of  the  Septi- 
montium;  and  in  this  case  we  may  perhaps 
suppose  the  Titienses  to  have  occupied  the  for- 
tress in  the  Subura,  the  Bamnes  the  Palatine, 
and  the  Luceres  the  three  summits  of  the  Esqui- 
Hne  (but  see  Liv.  i.  33  for  another  hypothesis). 
This  is,  however,  at  best  a  plausible  conjecture 
(Mommsen,  Staatsr.  iii.  p.  99),  though  we  have 
Varro's  statement  (quoted  above)  that  the  three 
tribes  were  a  division  of  the  land  as  well  as 
of  the  inhabitanU.  At  some  later  period,  but 
before  the  circumvallation  ascribed  to  Servius 
Tnllius,  the  neighbouring  city  on  the  Quirinal 
seems  to  have  been  amalgamated  with  that  of 
the  Septimontium ;  while,  to  avoid  increasing 


TBIBUB 

the  number  or  changing  the  names  of  the  three 
ancient  tribes^  these  were  now  extended  by  a  divi- 
sion into  moMret  and  minorei  ^fatss,  the  HiUmcn 
{CoUmi  as  opposed  to  JfoHiom)  being  limited 
to  the  latter,  so  that  there  were  now  primi  and 
teewtdi  (or  prions  and  /witsfiorw)  IViiaissa, 
iSasuMS,  and  Lnoem  (Festus,  p.  844).  For  the 
traditional  acoount  of  this  change  under  Tai<- 
quinius  Priscus,  see  Liv.  i.  36;  Cic.  de  R^p. 
ii.  20,  36;  Dionys.  iii.  71;  when  the  direct 
reference,  however,  is  only  to  the  patrician 
cenbwiae  tfjuten,  to  whom  alotte»  in  historical 
times,  the  names  of  the  three  andent  tribes  were 
given.  (See  also  Mommsen,  Aoolsr.  lit.  p.  31, 
and  i2om..ffMf.ch.4;  and  for  the  best  statement 
of  the  contrary  view,  Volquardsen  in  Rkeit^  Mum, 
xzxiiLp.  538£)  If  this  view  of  a  pre-historie 
synoikismos  is  oorrect,  then  the  term  tribmM  had 
BO  more  connexion  in  its  original  npplicatiea 
with  any  threefold  division,  than  it  had  when 
used  of  the  Servian  tribes.  It  was,  no  dooht, 
connected  with  the  same  root  as  fr-ihio,  and  may 
possibly  have  afiinity,  as  Curtius  snppoees,  with 
the  Celtic  treb  (s  vicns)  {OfWtdM.  d.  gr.  £tgm, 
p.  227).  Its  original  meaning  was  probably 
the  territorimn  of  a  community,  aa  #.^.  the 
tribus  Sappinia  (liv.  xxiL  2  and  zxxiiL  37)  is 
deariy  a  locality  in  Umbria.  So  in  the  ToMm 
Iguvmae  we  find  **  trifn  Tadinate  "  and  <«  tnfiper 
Ijnvma,"  clearly  oo-oidinate  with  ''inU  Tad*- 
nate  "  and  <«  tntape  Ijuvina,"  the  former  bcH^ 
the  territorimnt  the  latter  the  civic  ooinmwiity 
of  Tadinum  and  Iguvium  (Buecheler,  Um^ 
briooy  pp.  3»  8,  and  95;  Mommsen,  SUutw, 
iiL  p.  95).  In  Latin,  however,  owing  to  the 
pre-historic  synoikismos,  tHbm  appears  to  have 
the  notion  of  part  rather  than  whole^— an 
idea  which  the  Servian  amngement  still  fur- 
ther strengthened.  As  survivals  of  the  time 
when  the  tribes  were  independent  eommoni- 
tie%  may  perhaps  be  regarded  (1)  sneh  words 
as  (rthmo/ and  oonArSmtn  and  tfttitxiii  a  "to 
join  a  district  to  a  neighbouring  eoaimuBity" 
(Gaes.  B.  0,  60,  and  PUn.  JT.  i^.  iii.  {§  4^  37); 

(2)  the  fact  that  ten  curiae  belonged  to  each 
tribe,  since  this  finds  its  analogy  in  other 
municipal  constitutions,  where  ten  curiae  aeem 
to  be  a  usual  number  (C  /.  X.  viii.  1B27,  Ac); 

(3)  the  original  number  of  the  senate  was  afamiat 
certainly  100  (Liv.  L  8 ;  Dionys.  ii  12 ;  Pint. 
Rom,  13 ;  Fest.  s.  v.  jpoAvs),— a  Cm!  which  also 
finds  ite  analogy  in  the  dhicwidnis  of  Italian 
towns,  and  the  later  number  of  300  was  pro- 
bably made  up  by  100  frmn  each  of  tiie  three 
tribes  when  they  united ;  (4)  the  original  num- 
ber of  Vestol  Virgins  (Fest.  p.  344X  «f  angum 
(Liv.  X.  16 ;  Cic.  dg  Rep.  ii.  19,  16),  and  of 
pontifioes  was  three,  or  one  from  eadi  tribe, 
while  on  the  addition  of  the  gmUet  oisasies  they 
were  raised  to  six.  Fettus,  p.  344 :  *<  sex  T 
sacerdotes  oenstitutae  sunt  ...  qvia 
Romana  in  sex  est  distribnta  parte%  in 
secundosque  Titienses,  Ramnes,  Luceres.* 

That  in  the  pre-Servian  period  the  patiidan 
tribes  were  used  as  the  bans  for  taxation  and 
the  military  levy,  we  know  from  Dienjmua: 
Taf  KVtoypttpQt  Twp  OTparniTsiF  aw  vaf 
f lovpd^ir  t6v  'xp^ipdermw  . . .  whtirt  «vr&  rkf 
Tpus  fuXks  rks  ytwudt^  ht  op^cper,  AXAd^ 
IC.T.A.  (iv.  14^  and  Varr.  t.  181X  althon^  Ibr 
the  former  we  have  no  details.  For  the  aimyt 
each  tribe  fninkhod  1000  foot-eeldioi,  oem- 


TBIBU8 

maaded  by  a  ififmntu,  (Varr.  r.  89  :  **  milites 
quod  trium  milinm  prinio  legio  fiabat,  ao  liii- 
galae  tribiu  TitieDsmm,  Bamnium,  LQceniin, 
milia  mtlitam  mittebant ; "  and  v.  81,  **  tribani 
militum  qood  term  ez  tribus  tribnbas  Ramniam, 
Lnoerum,  Titiam  olim  ad  «ztrcitam  mitte- 
-bantur :  "  cf.  Dionys.  ii.  7.)  The  caralry  ware 
originally  represented  by  three  oentariei,  one 
from  each  of  the  three  tribe*  (Lir.  i.  13),  or 
tan  men  from  each  of  the  thirtv  curies  (Fest. 
p.  55).  When  the  dty  was  enlarged  by  the 
addition  of  the  gmtes.  minomj  these  three 
centuries  were  increased  to  six,  each  apparently 
containing  300  men  (liy.  i.  36),  but  retaining 
the  old  names,  ''posteriores  modo  sub  isdem 
nominibos  qui  additi  erant  appellati  sunt,  quae 
nunc  quia  geminatae  sunt,  sex  rocant  oenturias." 
(See  also  Cic  de  Ii§p.  ii.  20,  36.)  In  later  times, 
in  iSsct,  as  has  been  already  mentioned,  it  is  only 
in  connexion  with  these  aex  auffragia  (equUum) 
that  the  names  Titienses,  Ramnes,  and  Luceres 
are  retained,  since  for  all  other  purposes  they 
.were  superseded  by  the  Serrian  tribes. 

TKe  J3ervitt»  Tribes. — ^As  an  integral  part  of 
the  so-called  Servian  reformation, — by  which 
the  census  was  established,  the  Comitia  Gen- 
turiaia  organised  upon  it,  and  in  consequence 
the  land-holding  plebeians  made  to  -share  the 
military  and  financial  burdens  of  dtisenship, — 
there  waa  a  new  diviaion  into  tribes.  The  tribes 
so  created  were  four  in  number,  and  embraced 
the  city  as  enclosed  by  the  Servian  walls  (Lir. 
i.  43 ;  Dionys.  iv.  14).  The  well-known  passage 
in  Dionysiufl  (i¥.  15)  haa  lad  many  authorities 
to  suppose  that  Serrins,  in  addition  to  the  four 
urban  tribes,  created  also  twenty -six  rustic 
tribes.  He  says:  SiaiXs  dk  aal  r^y  X^^P*^ 
iwanar  4»s  iAp  ^dfiids  ^finew  §it  /io(par  l| 
iubL  cXBOfriir,  ^  nd  tdnks  KoXfi  ^kdsf  nd  rAt 
^i^ruAs  wpoartB§U  tortus  ri^rapas,  rptdKoma 
j^vkitt  rAf  wdras  hrl  TvKXlov  ytw4oihu  X^i* 
it  t^  Q^ryafMOf  lor^pipMr  its  /aUkm  re  nd 
rpidaoiva,  Aar^  ahw  rms  itenk  W\ir  otcuts 
dnntaAiipcMrftu  riu  friaol  els  ii/Mt  imttfX'^^ 
rptitatna  aol  w4m  ^Xds-  hii^vripmif  fiirroi 
KArrmv  ro^mr  t^wwi/frSrtpos  oVx  ^pLf^L  rmp 
liMpSnf  rhv  fyi0tM¥.  But  though  Fabius  Pictor, 
writing  in  Greek,  may  have  called  the  rustic 
divisions  fuXtdj  this  by  no  means  proves  that 
they  were  technically  tribes;  and  Dionysiua 
himself  no  doubt  following  Varro,  prefers  the 
neutral  term  fuiiptu,  which  probably  represents 
regiones  or  joa^*.  We  know  for  certain  that 
there  were  only  twenty-one  tribes  as  late  as 
367  A.n.c.  (Liv.  vL  5),  while  at  this  early 
period  it  is  extremely  improbable  that  the 
territory  outside  the  city  was  as  yet  distributed 
among  individual  owners :  it  waa  probably 
still  held  in  common  by  the  genUs,  and,  if 
so,  was  not  applicable  for  division  into  tribes. 
For  it  is  well  established  that  only  that  land 
fell  under  the  tribes  which  was  held  er  iwre 
QmriHum  by  an  individual  owner ;  and  there- 
fore, while  all  ager  pubiiaa,  on  the  one  hand, 
was  excluded  from  them,  on  the  other  no  less 
the  common  gentile  property,  prior  to  its  dis- 
tribution among  the  individual  gentiles,  could 
not  have  been  included  in  the  tribes.  It  seems 
better  therefore  to  suppose  that  only  four  tribes 
were  made,  and  that. the  division  into  rustic 
districts  was  on  some  other  principle.  The 
names  of  the  four  tribes  were  Sucusana  (the 


TBIBUS 


879 


later  form  was  Suburana,  but  the  original  form 
is  attested  both  by  svc  in  inscriptiona  and  by 
Varro,  v.  48),  Palatina,  Esquilina,  and  Collina. 
That  this  is  the  fixed  order  of  the  tribes  appeara 
from  Varro  (v.  56)  and  Festus  (p.  368) ;  while 
Cicero  also  (de  Leg.  Agr,  ii.  29,  79)  gives 
Suburana  as  the  first  (see  also  Plin.  M.  N. 
xviii.  §  3).  Where  a  difierent  order  is  given, 
it  is  usually  from  some  definite  reason,  as  e,g. 
in  Varro,  v.  46,  in  connexion  with  the  order  of 
the  procession  to  th^.  Argean  chapels;  in  liv. 
EpU.  XX.,  with  reference  to  the  UberHni;  and 
in  C.  I.  L.  vi.  10211,  in  reference  to  the  /m- 
mentationes.  That  these  tribes,  like  the  patri- 
cian, were  primarily  a  division  of  the  land, 
appears  at  once  from  the  names,  and  Dlonysius 
(iv.  14)  expressly  calls  them  roviica^  (see  also 
Laelius  Felix  ap.  Gell.  xv.  27).  They  may 
possibly  have  been  engrafted  on  to  the  old 
patrician  divisions,  Sucusana  corresponding  with 
that  of  the  Titienses,  Palatina  with  that  of  the 
Ramnes,  Esquilina  with  that  of  the  Luceres, 
whileCollinawouldembracetheQuirinaloity.  In 
this  way  at  least  the  order  of  the  tribes  would 
be  satis&ctorily  accounted  for.  Hie  opinion 
once  generally  held,  that  the  four  tribes  em- 
braced the  territory  outside  Borne  aa  well  as 
the  dty,  was  to  a  large  extent  founded  on  the 
assamption  that  Ostia,  the^^rliest  citizen- 
colony,  belonged  to  Palatina  (Grotefend,  Imp, 
Bool  trib,  deecript.  p.  67,  and  Fest.  p.  213). 
This  is  now,  however,  given  up  by  llommsen 
(Staatar.  iii.  p.  163)  and  Kubitschek  {Imp,JUmL 
irib.  diacript,  p.  26),  since  inscriptiona  show  that 
though  a  number  of  the  inhabitants  at  Ostia, 
possibly  the  Greek  traders  or  their  sons,  belonged 
to. Palatina  (see  below),  the  colony  itself  was 
assiroed  to  Voturia(Wilm.  1720  and  1729,  &c). 
Neither  the  Capitol  nor  the  Arentine  was  in- 
cluded in  the  Servian  tribes,  because  they  were 
still  public  and  not  private  propexty  (Liv.  vi.  20 ; 
Dionys.  x.  31  and  32);  and  both  Xavy  (i.  43) 
and  Pliny  (H,  N.  xviii.  §  3)  limit  the  four  tribea 
to  the  inhabited  parts  of  the  dty. 

Extension  of  the  Tnbes.—A\  what  date  the 
first  rustic  tribes  were  added  to  the  four  Servian 
tribes,  it  is  impossible  to  say'witb  certainty,  nor 
how  many  were  first  created,  since  tradition  is 
practically  silent  upon  both  points.  That  there 
were  twenty-one  tribes  in  367  A.u.a  we  know 
(Liv.  vi.  5),  but  that  the  increase  from  four  to 
twenty-one  was  made  at  one  time  is  on  the 
whole  improbable.  All  the  best  MSS.  of  Liv.  ii. 
21  contain  under  the  year  259  A.tT.C  the  words 
''Bomae  tribus  una  et  trigiata  factae.*'  To 
correct  this  from  the  Epitome  to  **una  et 
viginti  "  is  certainly  unsafe,  since  the  epitomator 
may  easily  have  corrected  the  text  from  Liv.  vi. 
5 ;  and  there  is  much  to  be  said  for  Mommsen's 
h3rpothests  that  the  original  reading,  till 
tampered  with  by  an  ignorant  scribe,  was  the 
mere  annalistic  statement,  ^  Romae  tribus 
factae."  The  passage  again  of  Dionysius  (vii. 
64)  with  regaid  to  the  trial  of  Coriolanus  in 
263  ▲.u.c.  is  clearly  corrupt.  He  says,fiiaf  yitp 
md  slicort  r^c  ^v\&p  ohcw,  els  ^  ^^ri^s  hf^6^, 
riis  iHroKvo6ffas  l^xer  S  MdpKios  4w4a*  fifrr*  f  { 
S<io  irpo<nfA9ov  odr^  ^uAot,  8i&  r^y  Itro^ii^ar 
AvcAmto  &y,  Aovep  ^  w^iaos  ii^lov.  As  the 
number  twenty-one  is  inconsiBtent  with  the 
Ivef^^lof  one  part  of  the  statement  must  be 
rejected.      The  latter,  however,  is  almost  too 


880 


I'BIBUS 


TBIBUS 


definite  to  admit  of  mistake,  and  it  seems  better 
therefore  to  assume  that  Dionysius  (or  a  scribe) 
carelessly  sabstituted  the  more  iSuniliar  number 
twenty-oney  certainly  existing  for  a  considerable 
time  preTious  to  367  A.u.a,  for  the  earlier  num- 
ber twenty;  while  some  similar,  but  inezplic- 
Able,  confusion  lurks  under  the  numbers  49v4a 
and  Stfo.  But,  apart  from  this  confessedly 
uncertain  inference,  the  list  of  the  earliest 
cerenteen  rustic  tribes  also  leads  to  the  con- 
clusion that  there  was  a  period  when  the  tribes 
were  twenty  in  number.  The  names  in  alpha- 
betical order,  as  we  know  them  from  texts  or 
inscriptions,  are  as  follows: — ^Aemilia  (Lir. 
xxxTiii.  36),  Camilla  (C.  7.  Z.  vi.  2890),  ClaudU 
^Lir.  ii.  16),  Clustumina  or  Crustumina  (Cic 
pro  BcJb.  25),  ComelU  (LIt.  xxxviii.  36^  Fabia 
<Suet.  Aug,  40),  Galeria  (Liv.  zxvii.  6),  Horatia 
<Wilm.  681),  Lemonia  (Cic.  pro  Pkmc,  16), 
Menenia  (Cic  od  Fam,  xiii.  9),  Papiria  (Lir.  viii. 
37),  PoUia  (Lir.  viii.  37),  Pupinia  (Cic.  ad  Fdm. 
viii.  8),  Romulia  (Cic  de  Leg.  Agr,  ii.  29), 
SergU  (ac  «i  Vat,  15),  Voltinia  (Cic  pro 
Plane  16),  Voturia  or  Veturia  (Lir.  xxtI.  22). 
Of  these  seventeen  names,  sixteen  were  clearly 
formed  in  the  same  war  from  the  names  of 
patrician  gentes,  some  of  them  known  in  his- 
torical times,  others  probably  extinct  at  an 
«ar]y  period.  On  the  other  hand,  one  only, 
Clustumina  (CLV.  not  OBV.  generally  in  in- 
scriptions :  see  also  Festus,  p.  55,  where  Crus- 
tumina is  found  in  the  MSS.,  but  placed  between 
Cluras  and  Clucidatum),  is  a  place-name  similar 
to  those  of  all  the  tribes  (except  Poblilia)  created 
after  367  A.n.C.  The  inference  from  this  seems 
irresistible  that  it  was  a  later  creation  than  the 
«ther  sixteen.  That  the  earliest  rustic  tribes 
bore  some  sort  of  relation  to  the  Senrian  division 
into  Paqi,  would  seem  probable  in  itself,  and 
receives  some  slight  contirmation  from  Festus 
<p.  115),  who  says,  **  Lemonia  tribus  a  pago 
Lemonio,  qui  est  a  porta  Capena  via  Latina." 
But  details  are  wanting,  and  it  is  at  best  an 
hypothesis,  though  a  probable  one,  that  the- 
■sixteen  tribes  were  made  when  the  common 
gentile  property  in  land  was  transformed  into 
individual  ownership,  the  former  gentile  owner- 
ship leaving  traces  in  the  names  of  the  tribes, 
which  were  taken  from  the  more  prominent 
families.  With  relation  to  Claudia,  the  tradition 
is  still  extant  of  the  way  in  which  land  was  as- 
signed to  the  newly-admitted  Claudian  gens,  and 
of  the  subsequent  development  of  the  tribe: 
X<ipar  r'  o^r^  vpoffdBiiKtp  4k  rris  hiftoirlas  riiv 
fi^To^v  ^ti^imis  Kol  nuctmtas,  &s  $x^  Zuu^liaai 
leKiipovs  Airoo't  roif  ircpl  airrhp  (this  seems  to 
implv  that  it  was  eentile  property^  i^'  ip  icol 
^vXi|  Tif  iyivwro  avp  XP^'^  KAovSui  KoXavfiimii 
<I>ionys.  v.  40.  See  also  Liv.  ii.  16).  Though 
named  after  patrician  gentes,  these  sixteen 
tribes  were  as  much  local  divisions  as  the  earlier 
JOkd  later  ones.  The  position  of  Claudia  is  given 
above  by  Dionysius,  while  Livy  (/.  c.)  describes 
the  "vetus  Claudia  tribus"  as  **ager  trans 
Anienem."  Of  the  Papiria  tribus,  Festus  says, 
"  a  Papirio  appellata  est  vel  a  nomine  agri  qui 
<:irca  Tusculum  est ; "  while  of  Pupinia,  which 
adjoined  it,  he  says  (p.  233),  '*  Pupinia  tribus  ab 
agri  nomine  dicta  qui  Pupinus  appellatur,  inter 
Tusculum  urbemque  situs.'*  Livy  also  (xxvi.  9) 
shows  that  the  eighth  milestone  on  the  Via 
Praenestina  lay  in  this  tribe  (cf.  also  Cic.  de 


Leg.  Agr.  ii.  35,  96).  Romulia  again  is  *<  ex  eo 
agro  quem  Romulus  ceperat  ex  Veientibns " 
(Fest.  p.  271).  For  the  attempt  to  localise 
Pollia,  Fabia,  Horatia,  and  Galeiia,  see  Beloch, 
Der  ital.  Btmdy  pp.  29,  30.  That  all  these 
earliest  tribes  were  in  the  immediate  neighboor- 
hood  of  Rome,  we  should  suppose  from  the 
nature  of  the  case,  and  it  is  also  expressly  stated 
by  Festus  (p.  371,  s.  v.  viatores).  The  21st 
tribe,  Clustumina,  was  named  after  the  extinct 
town  Crustumerium  (Liv.  L  38;  Fest.  p.  55), 
in  the  territory  of  which  was  the  moms  aacer  to 
which  the  plebs  seceded  in  260  A.n.&  (cf.  the 
expression  of  Varro,  v.  81,  ^  in  secesaione  Cms- 
tumerina  '*)•  As  the  result  of  the  ieoession  the 
plebs  were  allowed  to  elect  tribunes,  at  first 
assembled  according  to  their  curies,  but,  after 
the  Lex  Publilia  of  283  A.u.a  (Liv.  ii.  56; 
Dionys.  ix.  41),  according  to  their  tribes. 
Mommsen  with  great  probability  supposes  that 
it  was  on  this  occasion,  in  order  to  make  for 
voting  purposes  an  unequal  number  of  tribes, 
that  the  21st  was  added,  and  that  it  was  called, 
in  memory  of  the  secession,  Clustumina  (Momm- 
sen, Staater,  iii.  p.  153). 

As  more  and  more  land  became  the  private 
property  of  Roman  dtisens,  either  by  distri- 
bution or  by  the  foundation  of  colonies  or  by 
the  reception  of  peregrim  into  the  citizen-body, 
the  number  of  tribes  gradually  increased,  bat 
till  the  year  367  A.n.a  it  still  remained  at 
twenty-one.  In  366,  however,  the  dvitas  was 
given  to  a  number  of  people  from  Veil,  Oapena, 
and  Falerii,  and  land  was  distributed  among  the 
new  citizens  (Liv.  vi.  4).  Accordingly,  next 
year  four  new  tribes  were  created  (Liv.  vi.  5) : 
Stellatina  (so  called  from  a  district  near  the 
city  of  Capena,  Fest.  p.  343) ;  Tromentiaa  (**  a 
campo  Tromento,"  Fest.  p.  367),  probably  acar 
Veil,  since  we  find  citizens  of  the  restored  Veil  be- 
longing to  thU  tribe  (Wiim.  2079 ;  OreUi,  3448) ; 
Sabatina  ("a  laeu  Sabate,"  Fest.  p.  342);  and 
Amensis,  perhaps  from  a  river  Aro  in  fitrnria. 
In  372  A.ir.a  quinqueviri  were  appoiatad  ^ 
divide  the  ager  Pomptinns  in  the  Volsdaa  laad 
(Liv.  vi.  21),  and  after  an  interval  of  some  years 
in  396  two  new  tribes  were  made,  Pomptina  and 
Poblilia  (Uv.  vii.  15).  That  PobUlia  (the  name 
of  which  was  apparently  not  local :  see  Fest. 
p.  233)  was  near  the  territory  of  the  Hemict, 
is  probable  from  the  fact  that  later  Anagnia, 
Ferentinnm,  and  Aletrium  were  assigned  to  this 
tribe  (Kubitsch.,  Imp.  Rom.  trib.  diacrip.  p.  S2). 
In  417  A.n.a  the  inhabitants  of  Lanuvium,  Arida, 
and  Nomentum  received  the  dvitas  (Liv.  viiL  14), 
and  in  422  were  arranged  in  the  census ;  two 
new  tribes,  Maeda  and  Scaptia  (both  named 
after  extinct  towns,  Fest.  pp.  136  and  342X  bdng 
created  (lav.  viii.  17),  In  431  A.u.a  the 
number  was  raised  to  thirty-one  by  the  ad- 
dition of  OufSeatina  and  Falerna  (Lir.  ix.  20\  a 
step  no  doubt  rendered  necessary  by  the  distri- 
bution of  the  ager  Falemus  and  Privemas  la 
415  (Liv.  viiL  11),  the  granting  of  the  dvitas 
to  the  Privemates  in  426,  and  the  colony  led 
to  Terradna  (Liv.  viii.  21),  since  accoiding  to 
Festus  (p.  194)  the  name  Oufentlaa  is  derived 
from  a  river  "in  agro  Privemati."  In  454 
A.U.C.,  perhaps  in  connexion  with  the  triumph 
over  sind  punishment  of  the  Aeqni  and  Henid 
(Liv.  ix.  43  and  45),  were  created  (Uv.  z.  9) 
Anienais  and  Teretina   (*^a    flumine  Terede,** 


TKIBUS 


TRIBUS 


881 


Feat.  p.  363) ;  while  in  513  the  Sabine  territories, 
of  which  the  inhabitants  had  been  admitted  into 
the  citizenship  in  486  (Veil.  Paterc.  i.  14,  7) 
and  some  other  land,  perhaps  that  of  the  Prae- 
tuttiani,  were  made  into  two  fresh  tribes, 
Qnirina  and  Yelina  (Lir.  Epit,  zix.).  This 
number  thirty-five  was  never  exceeded  (Li v.  i. 
43  ;  Dionys.  iv.  15 ;  Cic,  PhU,  vi.  5,  12 ;  Wilm. 
679,  888,  &c.) ;  but  whether  the  limit  was  fixed 
when  the  last  two  tribes  were  made,  or  in  534, 
the  date  of  the  reform  of  the  Comitia  Centuriata 
(see  below),  is  uncertain.  It  is  possible,  though 
hardly  likely,  that  the  name  Quirina  .was  in- 
tended to  mark  the  completion  of  the  "  populus 
Romanus  Quiritium."  The  derivation,  however, 
of  Festus  (p.  254),  '<a  Curensibus  Sabinis," 
seems  more  probable. 

Italia  irdmtim  descripta, — Up  to  513  A.U.a 
the  tribes  were  more  or  less  definitely  bounded 
districts,  of  which  the  positions  are  known, 
imperfectly  in  the  case  of  the  oldest  rustic 
tribes,  with  greater  certainty  in  the  case  of 
those  created  since  367.  While  the  former 
class  were  all  in  the  immediate  neighbourhood 
of  Rome,  the  latter  were  situated  in  S.  £truria, 
Latium,  the  territory  of  the  Volsci  and  Hemid, 
part  of  Campania,  and  the  Sabine  land.  But 
even  during  this  period,  probably  the  original 
tribe  (c£  the  expression  *'  vetus  Claudia  tribus," 
Liv.  ii.  16)  in  few  cases  remained  absolutely 
unenlarged,  for  every  assignation  of  land  to 
Roman  citizens,  however  small,  and  the  estab- 
lishment of  every  colony,  increased  the  amount 
of  land  to  be  distributed  among  the  tribes. 
Only  where  the  amount  of  land  distributed  was 
large,  was  there  any  necessity  for  new  tribes : 
in  other  cases  the  land  in  quebtlon  was  no  doubt 
assigned  to  the  nearest  existing  tribe.  Of  the 
small  distributions  no  annalistic  record  remains. 
Of  colonies,  Tusculum,  probably  during  this 
period  but  afler  431  A.u.C.  (Liv.  viii.  37),  was 
assigned  to  Papiria,  Mintumae  in  458  to  Terc- 
tina,  Aricia  to  Horatia  in  417  (Liv.  viii.  14), 
Sinuessa  to  Falema  (Liv.  z.  21),  Antiom  in  416 
to  Voturia.  But  after  the  number  of  the  tribes 
was  closed,  geographical  compactness  was  lost. 
All  freshly  assigned  or  colonised  territory,  and 
all  civitates  sine  suffragio  admitted  to  the  full 
franchise,  had  now  to  be  distributed  among  the 
existing  tribes;  and  the  further  from  Rome 
this  process  extended,  the  more  disjointed  and 
broken  up  did  the  tribes  become.  To  a  certain 
extent,  no  doubt,  the  principle  was  observed  of 
assigning  new  territory  to  the  nearest  tribes ; 
and  this,  as  Kubitschek  rightly  observes,  tended 
by  increasing  the  number  of  members  to  de- 
preciate the  importance  for  voting  purposes  of 
the  later  or  outlying  tribes.  Thus  we  find 
Capua,  Atella,  Acerrae,  Suessula,  belonging  to 
Falema;  Casinum,  Atina,  Venafrum,  Aliifae, 
to  Teretina;  Velitrae,  Circeii,  and  Signia,  to 
Pomptina;  Anagnia,  Ferentinuro,  Aletrium,  to 
Poblilia;  while  the  Picenian  territory  distri- 
buted by  a  Lex  Flaminia  in  522  (Polyb.  ii.  21) 
seems  all  to  have  been  assigned  to  Velina.  On 
the  other  hand,  Formiae  and  Fundi,  when  taken 
into  the  citizenship,  were  assigned  to  Aemilia ; 
Arpinum  in  Apulia  and  Fulginium  in  Umbria  to 
Cornelia  (Liv.  xxzviii.  36);  Cliterna  in  the 
Sabine  land  to  Claudia  (Grotef.  p.  46) ;  Falerii 
to  Horatia  (Orelli,  ^^4),  &c.  This  breaking 
op  and  mutilation  (>r  •  im-  tribes  was  not  com* 
VOL.  II. 


pletely  effected  till  after  the  Social  war,  when 
the  civitas  was  given  to  all  the  peregrinae 
civitates  south  of  the  Po ;  and  in  consequence  ail 
the  land  with  very  few  exceptions,  such  as  at 
first  the  ager  Campanus,  falling  into  full 
Quiritary  ownership,  had  to  be  distributed 
among  the  tribes.  The  manner  in  which  the 
new  territory  was  distributed  is  stated  differ- 
ently by  our  two  authorities,  Appian  and  Velleius 
PaterculuB.  The  former  {B,  C.  i.  49)  says  that 
they  did  not  enrol  the  new  citizens  into  the 
thirtyofive  tribes,  Tya  fi^  r&p  kpx"^*'^  ir\4oifts 
Bms  iy  roSs  x^'P*^^*'^^'  iirucoaroTtPf  oKKk 
Scicarc^rrsf  dir^^ntv  Mpas  iv  off  ix*ipoT6vow 
l0X<n'<><*  This  probably  refers  to  the  Lex  Julia 
of  664,  by  which  the  civitas  was  given  to  the 
Latini  and  the  faithful  allies  (Cic.  pro  Ba(b.  8, 
21),  and,  if  the  reading  SfKorf ^rrcs  is  correct, 
it  must  mean  that  ten  new  tribes  were  created. 
On  the  other  hand,  Velleius  says  (ii.  20),  ''cum 
ita  civitas  Italiae  data  esset,  ut  in  octo  tribus 
contribuerentur  novi  cives ; "  i.e,  the  new 
citizens  were  confined  to  eight  of  the  existing 
tribes.  This  may,  as  Kubitschek  supposes,  refer 
to  the  Plautio-Papirian  plebiscitnm  of  665,  by 
which  the  revolted  allies  gained  the  franchise 
(Cic.  pro  Arch,  4,  7).  Kubitschek,  reading  8^aa 
Wktc  for  SfKOTf i^rrcr,  thinks  that  he  can  show 
by  inscriptions  that  the  faithful  allies  in  accord- 
ance with  the  Lex  Julia  were  enrolled  in  fifteen, 
i.«.  in  a  minority,  of  the  thirty-one  rustic  tribes, 
while  the  revolted  allies  by  the  Plautio-Papirian 
law  were  enrolled  in  half  of  the  remaining 
sixteen,  viz.  Aniensis,  Clustnmina,  Fabia,  Falema, 
Galeria,  Pomptina,  Sergia,  and  Yoltinia.  The 
theory  is  undoubtedly  ingenious,  and  both 
Kubitschek  and  Beloch  {Der  iialische  Bund) 
make  out  a  •very  specious  case.  But  the  ob- 
jections are  twofold.  (1)  The  eridence  of  in- 
scriptions, besides  being  by  the  nature  of  the 
case  incomplete,  breaks  down,  as  Mommsen 
shows  (^Hermes,  xxii.  p.  101  ff".),  in  several  points, 
since  not  only  are  revolted  states  found  in 
Horatia,  Cornelia,  and  Oufentina,  but  the  faith- 
ful allies  are  found  practically  spread  over  all 
the  rustic  tribes.  (2)  Whatever  may  have  been 
the  original  distribution  into  tribes,  the  re- 
striction was  certainly  only  temporary.  Com- 
plete equality  for  the  new  citizens  beosme  part 
of  the  democratic  programme ;  and  apart  from 
the  abortive  attempt  of  Sulpicius,  Cinna,  ap- 
parently twice  (Liv.  Epit,  Ixxx.  and  Ixxxiv.), 
gave  them  the  equal  franchise,  while  Sulla 
almost  certainly  acquiesced  in  the  arrangement 
(Liv.  Epit.  Izxxvi).  Though,  however,  the 
inscriptions,  on  which  Kubitschek  and  Beloch 
rely,  do  not  prove  all  that  they  suppose,  they 
do  nevertheless  show  that  an  attempt  at  group- 
ing neighbouring  territories  together  was  still 
kept  up  after  the  Social  war ;  and  so  we  find 
Aniensis  prevalent  among  the  Frentani,  Clus- 
tumina  and  Lemonia  in  Umbria,  Fabia  and 
Pomptina  in  Lucania,  Sergia  among  the  Marsi 
and  Paeligni,  Yoltinia  among  the  Samnites, 
Papiria  in  Latium,  Menenia  in  Campania, 
Aemilia  among  the  Aurunci,  Galeria  among  the 
Hirpini,  and  above  all  Pollia  in  the  Cis-Padane 
portion  of  Gallia  Cisalpina,  which  now  received 
the  franchise  with  the  rest  (cf.  in  Grotefend 
Parma,  Mutina,  Forum  Comelii,  Forum  Fulvii, 
Faventia,  PoUentia,  and  many  other  towns). 
But,  notwithstanding  those  local  groupings,  the 

3  L 


882 


TBIBU8 


TBIBU8 


general  result  of  the  distribution  of  Italj  into 
the  tribes  was  such  that  the  parts  of  any  one 
tribe  could  only  be  given  by  an  enumeration  of 
the  different  ciTitatea  contained  in  it.  Cf.  Cic 
de  pet.  Consul.  8, 30 :  '*  Postea  totam  Italiam  fac 
ut  in  animo  ac  memoria  tributim  descriptam 
habeas." 

ITie  I\fibe  and  itt  members. — ^The  tribe,  as  has 
been  stated,  was  primarily  a  division  of  tiie  land 
held  in  Quiritarian  ownership,  but  it  was  also 
applied  in  a  personal  sense  to  the  owners  of  the 
land,  and  involved  certain  rights  and  privileges, 
duties    and    responsibilities.      Originally    only 
land -owning   citizens  (adndtU)  were  members 
of  the  tribtt,  but  within  this  limit  both  patri- 
cians and  plebeians  belonged  to  them.    For  later 
times  the  presence  of  patricians  in  the  tribes  is 
abundantly  attested ;  but  for  the  earliest  times 
also  the  patrician  gentile  names  of  the  sixteen 
earliest  rustic  tribes  are  conclusive  evidence  of 
the  same  thing,  as  well  as  the  traditional  origin 
of  the  Claudian  tribe.     Membership  of  a  tribe 
then  at  first  belonged  to  those  citizens  who 
owned   land  in  it,  as  well  as  to  their  agnate 
descendants;  and  accordingly,  while  the  tribe, 
as  a  division  of  the  land,  was  immutable,  the 
tribe  as  a  category  of  persons  might  be  changed, 
since  in  theory  transfer  or  loss  of  landed  pro- 
perty implied  transfer  or  loss  of  tribe.    But  this 
strict  connexion  between  landed  property  and 
membership  of  the  same  tribe  must  soon  have 
been  modified,  (1)  by  those  cases  in  which  a 
citizen  owned  property  in  more  than  one  tribe  ; 
(2)  where  civitatea  sine  suffragio  were  admitted 
to  the  full  franchise,  and  their  territory  assigned 
to  some  one  tribe.    In  the  first  caae,  as  personal 
membership  of  more  than  one  was  impossible, 
probably  the  censor  de  iure,  but  the  citizen  him- 
self de  faotOf  decided  to  which  he  should  be- 
long,    in  the  second  case  the  citizens  of  the 
newly-enfranchised  dvitas  would  as  a  rule  take 
the  tribe  of  the  territory,  even  if  their  landed 
property  lay  elsewhere  (Liv.  xxxviii.  36).    As 
time  went  on,  too,  the  tendency  became  greater 
for  membership  of  a  tribe  to  become  hereditary, 
and  so  practically  unchanging;  in  so  fitr,  that  is, 
as  no  iteration  was  caused  by  the  censor's  in- 
terference.     Such  interference  would  at  once 
take  place  whenever  the  qualification  of  landed 
property  was  lost,  a  loss  which  was  at  first 
followed  by  loss    of  tribe  and  transfer  to  the 
aerarii  (Liv.  iv.  24,  &c.) ;   while,  as  the  dis- 
ciplinary power  of  the  censorship  was  developed, 
the   censors  acquired    the  power,   by  way  of 
punishment  for  various    moral    delinquencies, 
of  treating  land-owning  citizens  as  though  they 
were  not  adsiduij  and  placing  them  also  among 
the  aerarii  (cf.  Liv.  zxiv.  18,  &c.).    Conversely, 
of  course,  if  the  disqualification  of  either  kind 
was  removed,    citizens  would   pass  from    the 
aerarii  into  a   tribe  (ex  aerariis  eximere^  Cic. 
de   Orat,  ii.   66,  268).     Till  442   A.n.c.   only 
adsidtU  had  been  members  of  the  tribes,  nor 
was  there  any  distinct  difference  of  rank  de  iwre 
between   the   urban  and  rustic  tribes,  though 
probably  de  faato  from  an  early  period  the 
former  were  considered  as  less  honourable.    But 
when  the  tnbwtwmf  which,  as  will  be  seen  below, 
was  in  close  connexion  with  the  tribes,  was 
made  into  a  tax  assessed  on  movable  as  well  as 
immovable    property,  the    connexion    between 
landed  property  and    tribe  -  membership    was 


weakened,  a  tendency  which  was  perhaps  re- 
flected in  the  revolutionary  measure  of  Appius 
Claudius,  the  censor  in  442,  by  which  all  dtixens, 
proUtarS  as  well  as  adndui,  were  enrolled  in- 
discriminately in  the  tribes  (Liv.  ix.  46).  What- 
ever may  have  been  the  motive  of  this  measure, 
it  was  of  no  long  duration,  as  in  449  Q.  Fabius 
RuUianus,  while  admitting  landless  citizens  to 
the  tribes,  limited  them  to  the  four  urban  tribes, 
while  the  landed  proprietors  still  retained  ex- 
clusive possession  ot  the  rustic  tribes  (Lir.  iz.  44>; 
cf.  Plin.   If.   If.  xviii.    §  14,  ^  rnaticae    tribus 
laudatissimae  ;eorum  qui   rura  haberent;    ur- 
banae  vero  in  qua  transferri  ignmniniae  esset, 
desidiae  piobro ; "  Cic  de  Leg,  Agr.  ii.  29,  79 ; 
Dionys.  xix.  18,  riis  M/unts  rmv  fvXAp}.    As  a 
consequence  of  this  measure,  all  Roman  citizens 
were  from  this  time  ipso  facto  members  of  a  tribe, 
and,  accordingly,  as  it  was  inadmissible  for  the 
censors  to  deprive  anyone  of  his  dtizenaliip  (Liv. 
zlv.  15),  their  disciplinary  power  was  Umiied  to 
degrading  from  the  rustic  to  the  urban  tribes, 
and  this  is  all  that  is  meant  henoeforth  by  the 
phrases   '*tribu   nsovere,*'  "aenrium   faoerr.** 
(For  a  possible  instance  of  the  oouTene  process, 
see  Cic  pro  Balb,  25,  27.)    From  this  time,  too, 
the   tribe  was    regularly  added    to   the    full 
citizen's  name,  being  placed  between  the  father's 
name  and  the  cognomen,  e^.    Ser.  Salpidns 
Q.  F.  Lemonia  Bufus  (Cic  PhU.  ix.  7,  17 ;  «f 
Fam.  viiL  8).    A  consequence  of  this  distinctioa 
in  rank  between   the  urban  and   rustic  tribes 
was   of  course  the  surrender  of  any  attempt 
hitherto  made  at  maintaining  equality  of  num- 
ber among  the  members  of  the  tribes.     While 
the  urban  tribes  must  have  contained  &r  more 
than  the  rest,  we  have  already  seen  a  similar 
tendency  among  the  rustic  tribes  theoBselres; 
and  the  tribes  in  the  immediate  neighbourhood 
of  Rome,  such  as  Horatia,  Lemonia,  Meacnia, 
Bomulia,  &c,  seem  to  have  received  fev  new 
members,  and  to  have  remained  the  stron^iolds 
of  the  nobility.    Whether,  as  Hommsea  thinks 
is  implied  by  Liv.  xL  51,  the  oensors  had  the 
power  of  enrolling  certain  categories  of  non- 
land-owning  citizens  in  the  rustic  tribes,  mast 
be  left  uncertain ;  but  there  was  oertatnly  one 
class  of  men,  the  lAertiniy  whose  positioa  in  the 
tribes  differed  from  that  of  the  other  citixeDs. 
At  first,  we  may  assume,  they  were  admitted  oa 
the  same  conditions  as  the  rest,  but  probably  ia 
the  censorship  of  C.  Flaminius  (534  a-UjO.}  tkitj 
were  all,  whether  land-owners  or  not,  limited  to 
the  urban  tribes  (Liv.  Ep.  xx.).    Before  586  we 
find  that  this  was  relaxed  in  the  case  of  those 
who  had  a  son  five  years  old,  or  landed  property 
to  the  value  of  30,000  sesterces  (Liv.  xir.  15), 
though  it  was  apparently  open  to  the  censors  to 
disregard  this  i-ule ;  and  we  even  find  Tt  Grac- 
chus, censor  in  586,  limiting  all  freedmcn  to  ooe 
tribe  to  be  settled  by  lot  (Liv.  /.  c ;  Cic  de  Or, 
i.  9,  38).    After  the  Social  war,  equality  in  the 
tribes  for  the  ISbertini  was  part  of  the  popQiar 
programme ;  but  though  it  was  carried  by  Sol- 
picius  (Liv.   Ep,  Ixxvii),  and  again  by  Cinna 
(Liv.  t&.  Ixzxiv.),  Sulla  restored  the  fonier  state 
of  things ;   and  neither  Ifanilius  in  687  (Cic 
pro  Com.  in  Asoon.  p.  64),  nor  Clodins  ia  695 
(Cic.  pro  Mil.  33,  89),  were  able   to  cdect  a 
change,  and  the  disability  of  Ubertmi  seems  to 
have  continued  under  the  Empire,  slnos  thoi^ 
they  were  members  of  the  urban  tribes,  so  nr 


TBIBU8 


TBIBUS 


883 


as  the  con  diBtribution  was  coDceraedy  the  fact 
that  the  tribe  does  not,  with  few  exceptionB, 
appear  in  the  names  of  lU)ertini,  probably,  as 
Mommsen   argues,   proves  some    inferiority  of 
position.      But,   with    the    exception    of    the 
/»6erfmt,  we  find   that,  after  the   Social   war, 
all     citizens    alike    were    admitted    into    the 
rustic   tribes.      We   have   seen   that  eren  in 
earlier  times   the  personal  tribe  of  the  newly- 
<nfranchi8e4  cives  tine  suffragio  followed  that  to 
which  the  territory  of  their  native  city  was 
assigned  (liv.  xxxTiii.  36) ;  and  when  after  the 
war  Italy  was  practically  made  into  a  complexns 
of  fnlly- enfranchised  municipia,  each  with  its 
own  territory,  and  that  territory  assigned  to  a 
tribe  (cf.  Cic.  pro  Mvar,  20,  42),  the  inevitable 
result  followed  that  personal  membership  in  a 
tribe,  irrespective  of  all  other  considerations, 
waa  decided  in  the  case  of  each  individual,  pro- 
Tided  that  he  was  mgemms^  by  his  domua  or 
oHgo  in  one  of  these  municipalities.     In  fact, 
from  this  time  the  Roman  civitas  had  essentially 
changed  ita  character :  Rome  was  no  longer  one 
dvitcu  among  others,  nor  even  the  head  of  a 
confederation  of  civitatea ;   it   was  rather  the 
**  communis  patria  "  of  all  Roman  citizens,  who 
were  also  with  few  exceptions  (Cic.  Phil.  iii.  6, 
15)  municipe$  of  some  local  community,  and  it 
was  this  local  connexion  which  was  marked  by 
the  tribe. .  So  closely  indeed  were  membership 
in   a  tribe  and  incorporation  in  a  mnnicipinm 
connected,  tha1|  where,  as  in  the  most  ancient 
rustic  tribes  within  the  original  ager  Romanus, 
Qairitary  ownership  of  land  was  unconnected 
with  membership  in  a  municipality,  some  re- 
grouping of  land  was  necessary,  the  land  be- 
longing formerly  to  these  tribes  being  assigned 
to    the  territory  of  neighbouring  towns,  and 
forming  part  of  the  tribe  to  which  those  towns 
belonged;  while  again  in  parts,  where,  as  in 
Picenum,  the  municipal  system   had  not  been 
developed,  probably  the  praefecturae,  as  a  sub- 
stitute   assumed    municipal    rank  (Mommsen, 
Staattr,  iii.  p.  783).    How  entirely  the  tribe 
was  made  dependent  on  the  domus  or  crigo  is 
shown  by  the  fact  that  a  Roman*  citizen,  if 
transferred  to  a  colony — e.g,  a  legionary  veterati 
settled  in  a  military  colony — took  the  tribe  of 
his  new  domus  (cf.  a  number  of  cases  collected 
hy  Grotefend,  p.  15  ff.,  in  which  two  tribes  are 
given  in  inscriptions,  \je.  of  the  new  and  the 
original  donwa).    From  the  time  when  the  old 
distinction  between  the  urban  and  rustic  tribes 
was  thus  abolished,  another  of  a  less  definite 
character  gradually  grew  up,  and  was  certainly 
observed  during  the  Empire.     While  the  con- 
nexion between  a  tribe  and  a  municipal  territory 
only  applied  to  the  rustic  tribes,  the  urban  tribes 
now  contained  citizens  who,  though  free-born, 
were  on  account  of  some  personal  grounds  ex- 
cluded from  the  former :  e.g,  (I)  sons  of  liberHni 
are  often  found  in  Palatina  or  Collina ;  (2)  in- 
dividuals  of  Greek   birth,  personally  admitted 
to  the  franchise,  frequently  appear  in  Collina; 
(3)  illegitimate  children  are  found  in  Collina, 
Suburana,  and  Esquilina ;  (4)  actors  and  sons  of 
actresses  appear  in  Esquilina ;  while  (5)  at  the 
^reat  trading  ports,  such  as  Ostia  and  Puteoli, 
so  many  individuals  are  proved  by  inscriptions 
to  have  belonged  to  Palatina,  that  it  was  formerly 
supposed  that  these  towns  were  assigned  to  that 
tribe.     This,  howerer,  was  not  the  case,  since 


Ostia  belonged  to  Voturia,  and  Puteoli  probably 
to  Falerna,  and  it  is  a  not  improbable  conjecture 
of  Mommsen  that  these  members  of  Palatina 
were  Greek  traders  or  their  sons  who  had  been 
admitted  to  the  franchise.  The  fact  that  these 
urban  tr^ntlea  were  never  admitted  to  the 
legions  or  praetorian  cohorts,  but  only  to  the 
aiortea  wianae,  seems  to  place  them  half-way 
between  the  rustic  trOmlea  and  the  libertini 
(Mommsen,  Staatsr,  iii.  p.  443;  C.  L  L.  vi. 
2389-3884). 

TribeB  in  the  Prcvinoea. — With  regard  to  the 
provinces,  it  has  to  be  remembered  that  all 
provincial  land,  except  in  cases  where  the 
titf  Jtalicwn  was  specially  conferred,  was  ager 
publicus,  and  therefore  necessarily  stood  outside 
the  tribes.  But  as  soon  as  the  practice  began 
of  conferring  the  Roman  franchise  upon  pro- 
vincial towns,  since,  with  the  exceptions  already 
alluded  to,  there  was  no  territorium  on  which 
to  attach  the  tribe,  which  nevertheless  was  in- 
dispensable to  Roman  citizens,  it  was  used,  as 
applied  to  provincials,  in  a  purely  personal  sense, 
though  in  strict  analogy  with  the  territorial 
tribe  in  Italy.  In  other  words,  at  the  time  when 
a  civitas  was  admitted  to  the  full  franchise,  the 
tribe  to  which  its  citizens  were  to  belong  was 
specified ;  while  probably,  though  perhaps  not 
quite  so  early,  even  in  non-Roman  towns,  such 
as  Latin  colonies,  &c,  the  rule  grew  up  that  all 
individuals  within  them,  who  acquired  the  fran- 
chise, should  be  enrolled  in  some  specified  tribe. 
Prior  to  the  time  of  Augustus  it  is  hardly  pos- 
sible to  find  any  fixed  rules,  or  any  definite 
Souping,  and  we  find  e.g,  the  colonies  of  Julius 
lesar  in  Gallia  Karbonensis  assigned  to  Papiria 
(Narbo),  Teretina(AreIate),  Pupinia  (Baeterrae), 
and  Aniensis  (Forum  Jnlii) ;  but  Augustus  ap- 
pears to  have  aimed  at  somewhat  greater  uni- 
formity, and  to  have  generally  assigned  Galeria 
for  the  Spanish  provinces,  Voltinia  for  Gallia 
Narbonensis  (see  Kubitschek,  de  Orig.,  &c.,  p. 
204),  Sergia  for  Dalmatia,  Arnensis  for  Africa, 
and  Collina  for  the  Oriental  provinces.  Later 
emperors,  though  observing  a  certain  method  in 
the  matter,  took  a  somewhat  different  course, 
and,  instead  of  assigning  certain  tribes  to  certain 
provinces,  seem  to  have  made  use  of  their  own 
tribe  in  grants  made  by  them  of  the  franchise 
to  provincials.  Thus  Claudius,  whose  family 
by  a  re-grouping  of  the  Claudia  tribus  seems  to 
have  been  transferred  to  Quirina,  assigned  his 
Mauritanian  colonies  Caesarea,  Oppidum  Novum, 
Rusuccurium,  and  Tipasa  to  that  tribe  (Grotef. 
p.  161  ff.) ;  while  later  in  his  reign  he  gave  the 
preference  to  the  original  tribe  of  his  house,  and 
so  Colonia  Agrippinensis,  Savaria,  Virunum, 
Celeia,  and  Juvavum,  all  belong  to  Claudia. 
The  Flavian  house  again  belonged,  as  springing 
from  Reate,  to  Quirina,  and  accordingly  we  find 
all  Flavian  colonies,  in  all  parts  of  the  Empire, 
assigned  to  that  tribe,  while  the  prevalence  of 
Quirina  in  the  Spanish  provinces  is  due  to  the 
fact  that  Vespasian  gave  the  ius  LatU  to  all 
Spanish  civitates  (Plin.  H.  N.  iii.  §  30).  Though 
Trajan,  as  sprung  from  Italica,  would  na- 
turally have  belonged  to  Sergia,  he  assumed  his 
adoptive  father's  tribe — Papiria  (Nerva  came 
from  Namia:  see  Kubitschek,  p.  73),  and  we 
find  all  his  colonies  in  Germany,  Moesia,  Dacia, 
and  Africa  assigned  to  that  tribe  (see  Mommsen, 
Ephem,  Epigraph,  iii.  p.  230  ff.). 

3  L  2 


884 


TBIBUS 


TRIBU8 


The  Tribes  as  organised  for  administrative 
and  poiitioal  ends. — ^I'he  political  activity  of  the 
tribes  was  probably  not  anterior  to  the  Publiiian 
law  of  283  A.U.C.  Their  original  aim  was  purely 
administratiTe,  and  had  reference  (1)  to  the 
census,  (2)  to  the  levy,  (3)  to  the  tributnm  and 
military  pay.  As  to  (1),  there  is  no  doubt  that 
the  tribes  were  primarily  instituted  by  Serrius 
as  a  basis  for  the  census,  which  formed  the 
essential  part  of  his  constitution.  So  Dionysius 
(▼.  75)  describes  rifi^atis  nwri  ^X&s  r&y  $lmp 
ipiTjfKHW  as  rh  tcpdriffrop  ritv  bwh  'Xtpev'Um 
TuXA/ou  KwrwrraBivrmp  roftifiatpy  while  Cicero 
(de  Legg.  iii.  3,  7)  says  of  the  censors,  *'  populi 
partes  in  tribus  discribunto ;  exin  pecunias, 
aequitates,  ordines  partiunto"  (see  also  the 
account  of  the  census  of  548  A.n.C.  in  Lir.  zxix. 
37,  and  ac.  pro  Flacc,  32,  80).  (2)  The  locus 
daseicus  for  the  relation  of  the  tribes  to  the 
military  levy  is  Polyb.  vi.  20,  from  which  it 
appears  that  the  tribes  were  summoned  one  bv 
one  in  an  order  appointed  by  lot  (see  also  Val. 
Max.  vi.  3,  4),  four  men  being  taken  at  every 
summons  from  each  tribe,  one  for  each  legion, 
until  the  full  number  of  four  legions  was  made 
up,  so  that  in  theory  there  were  to  be  an  equal 
number  of  men  in  every  legion  from  each  tribe. 
See  also  Dionys.  iv.  14,  2  ;  Li  v.  iv.  46,  where  the 
levy  was  to  be  taken  not  fVom  the  whole  people, 
but  only  from  ten  tribes.  One  consequence  of 
all  the  tribes  being  represented  equally  in  the 
army  was  that  the  Comitia  tributa  could  on 
emergencies  be  held  in  camp  (Liv.  vii.  16). 
That  in  later  times  the  equal  proportion  of 
troops  from  every  tribe  was  given  up,  need 
hardly  be  said,  but  probably  during  the  whole 
of  the  Republic  the  levy  was  in  some  way  based 
on  the  tribes,  and  ei-en  under  the  Empire,  though 
the  recruiting  now  took  place  through  all  the 
provinces,  the  fact  that  none  but  Roman  citizens 
were  admitted  to  the  legion  still  kept  up  a  cer- 
tain connexion  between  the  levy  and  the  tribes. 
(See  Tac.  Hist.  iii.  58,  and  Suet.  Ner.  44.)  Only 
in  cases  of  emergency  were  legions  enrolled  from 
the  urban  population  (Tac  Ann.  i,  31;  and  for 
the  relation  generally  of  the  tribes  to  the  army, 
see  Mommsen,  Tribus,  pp.  132-143,  who,  how- 
ever, has  now  given  up  the  attempt  made  there  at 
arithmetical  symmetry).  (3)  The  derivation  of 
Varro  (v.  81),  '^tributum  dictum  a  tribubus 
quod  ex  pecunia  quae  populo  imperata  erat, 
tributim  a  singulis  exigebatur,**  is  confessedly 
not  correct  (lor  the  converse  derivation,  see 
Liv.  i.  43),  and  trUnUum  most  probably  comes 
from  tribuere,  and  me&ns  that  which  is  parti- 
tioned among  the  citizens.  Since,  however,  the 
tributum  was  originally  levied  only  upon  land, 
and  all  adsidui  were  in  the  tribes,  the  collection 
of  the  tax  was  naturally  and  roost  conveniently 
made  tributim  (Dionys.  iv.  14).  Apparently, 
however,  from  such  passages  as  Liv.  i.  41  and 
Dionys.  iv.  19,  the  tributum  was  first  levied 
on  the  property  of  the  classes  as  shown  by  the 
census  (usually  <*  1  pro  mille,"  Liv.  xxix.  15); 
but  since  the  classes  and  their  centuries  only 
came  together  in  the  Campus  Martins  and  had 
no  local  connexion,  it  was  collected  from  the 
various  tribes  by  the  tribuni  aerarO,  who  had 
the  tribal  register  showing  to  what  class  each 
tribesman  belonged.  The  primary  object  of  the 
tributum  was  to  provide  p^y  for  the  soldiers  in 
war.     Up  to  the  year  348  A.U.C.  (Liv.  iv.  59 ;  | 


Dionys.  iv.  19)  the  stipendium  was  not  paid  by 
the  state,  but  apparently  by  the  tribes  them- 
selves, the  trtbuni  aerarii  being  the  means  both 
of  collecting  the  money  from  their  tribnies  and 
paying  it  to  the  soldiers  whom  the  tribe  pro- 
vided (Fest.  p.  234).     After  348  the  stipendium 
was  paid  by  the  aerarium,  usually  at  the  end  of 
the  campaign,  after  the  soldiers  had  returned 
home,  and  it  was  paid  tributim  by  means  of  the 
tr^ni  aerarii  (Varr.  v.  184 ;  Fest.  p.  2 ;  Phn. 
iT.  ^V.  xxxiv.  §  1).     When,  however,  campaigns 
were  prolonged  beyond  a  single  year,  payment 
was  made  in  camp  by  the  quantor  mud  con- 
nexion with  the  tribes  and  tribuni  aerarii  ceased. 
To  carry  out  these  objects  a  certain  organisation 
was  necessary.     The  tribes  were  prended  over 
by  officials,  called  at  first  tribumi  aerarii  from 
the  most  important  of  their  functions.     Perha|» 
originally  there   was  one   for  each  tribe.     In 
course  of  time,  as  the    duty  of   paying   the 
soldiers  was  taken  from  them,  and  when  the 
reform  of  the  Comitia  Centuriata  in  534  a.uxl 
essentially  altered  the  constitution  of  the  tribes 
the    name  probably  disappeared    from   official 
language,  and  that  of  **  curatores   tribnum " 
took  its   place,   while   in    all    probability   the 
number  of  these  was  ten  for  each  tribe,  five 
Tone  for  each  class)  among  the  seniores,  and  five 
for  the  juniores.    To  this  later  period  are  pro- 
bably to   be   referred   the   words  of  Dionysius 
(iv.  14),  iiy9/i6was  4^*  iitdgnis  evftjtapiat.     It  is 
true  that  we  find  eight  curatores  for  the  tribus 
Sucusana    nmiorum    {C.   /.   L.  ri.    199,   200; 
Orelli,  1740,  &c.);  but  these  inscriptions  date 
from  Vespasian's  time,  and  no  donbi  the  con* 
nexioD  of  the  tribes  with  the  com-^iistribntioD 
(see  below)  and  the  addition  of  certain  corpora 
of  freedmen  (cf.  corpus  Juliannm,  Wilm.  1703) 
altered  in  many  respects  the  republican  organi- 
sation.    These  curatores  tribuum  were  annual  Iv 
elected  (C  /.  Z.  vi.  144);  and  ii^  as  is  probable, 
they   were   the  body  of  men  who  under  the 
old  and  nearly  obsolete  name  of  tribuni  aerarii 
were  added   as  a  third  decuria  of  jndiccs   by 
the  Lex  Aurelia  of  684  A.U.C.,  there  most  have 
been  a  cei^in  property  qualification  for  the 
office,  a  survival   possibly  of  the   time   when 
they  may  have  had  to  proride  security  for  the 
money  which  passed  through  their  hands  (see 
Mommsen,  Tribus,  pp.  44  ff.  and  77  ff. ;  Siaatv. 
iii.  p.  189   ff.).     As  far  as  political  activity  i> 
concerned,  the  tribes  have  no  importance  prior 
to  283  A.U.C.^  Up  to  that  time,  the  triboni 
plebis  wexe   elected    by   the    plebs    assembled 
according  to  curies.     Dionys.  vi.  89,  and  Cic. 
pro  Cornel,  in  Ascon.  p.  76,  sa^  in  the  CcMnitis 
Curiata,  i.e.  by  patricians  as  well  as  plebeians ; 
bu(  Mommsen  is  probably  right  in  discrediting; 
this  statement  (JStaatsr.  iii.  p.  151).      Bnt  tfce 
local  associations  which  were  so  moch  stronger 
in  the  tribes  made  a  change  desirmhle  to  tbe 
plebeians;  and  accordingly  the    Lex    Publilia 
(Liv.  ii.  56)  enacted   **ut  plebeii  nkagistratos 
tributis  comitiis  fierent "  (cf.  also  Dionja.  ix.  41). 
That  the   Comitia  tributa,  however,   in   their 
later  sense  existed  at  this  date,  is  extmneJy 
improbable ;  and  again  we  most  follow  Momo' 
sen  in  interpreting  these  statements  to  mtja 
that  the  tribunes  were  now  elected  by  the  Uxm!- 
owning  plebeians  assembled  in  their  tribes  ($et 
Zonaras  afler  Dio  Cassios,  riL  17,  dfeova  r^ 
tA^Oci  irol  1000^  IcivT^  ^vndput  anU  If«v  ^tmr 


TBIBU8 


TBIBUS 


885 


(the  patricians)  fiovKt^tffBeu  ical  xf'^M'i^^C^'O » 
and  we  have  alreadjr  seen  reason  to  believe  that 
it  was  on  this  occasion  that  the  2l8t  tribe, 
Clostamina,  was  created.    How  the  concilium 
plebis  gradually  assumed    wider  political  ac* 
tirity  by    the    Valerio-Horatian    law  of   306 
(Lir,  iii.  55)  and  the  Horatian  law  of  465,  and 
how  eventoally   the  Comitia  tributa,  i,e,  the 
whole  populus,  patricians  and  plebeians  together, 
assembled  by  tribes,  became  established  as  one 
of  the  recognised  organs  of  legislation,  is  de- 
jcribed  in  the  article  on  COMXTIA  Tributa  (see 
also  Mommsen,  Sihn,  Farsch,  L  p.  150  ff.,  and 
StaaUr.  iii.  p.  321  ff.) ;  and  it  is  only  necessary 
to  lay  stress  here  on  the  particular  features  of 
the  assemblies  by  tribes  which  made  them  fitter 
organs  of  government  than  the  more  cumbrous 
Comitia  Centuriata,  viz,  the  local  associations 
among  the  members,  which  made  previous  in- 
formal deliberation  possible,  and  rendered  the 
members  more  accessible  to  the  influence  of 
leading  men.     It  was  mainly  perhaps  the  desire 
to  transfer  this  local  influence  into  the  Comitia 
Centuriata  which  caused  the  reform  of  that 
assembly  in  534  A.U.C.     (See  COMITIA  Cen- 
turiata, and  Mommsen,  Staatsr.  iii.  p.  271  ff.) 
The  tribes,  as  we  have  seen,  had  always  been 
the  bases  of  the  census,  but  hitherto  the  members 
of  each  tribe  had  been  equally  distributed  among 
all  the  centnriae,  so  that  each  century  was  in 
theory  composed  of  an  equal  number  from  each 
tribe ;  and  so,  the  tribules  being  scattered,  local 
associations  had  no  means  of  finding  expression. 
What  the  reform  did  was  briefly  to  combine  the 
tribal  with  the  centurial  arrangement  (Liv.  i. 
13).     Each  tribe  was  divided  into  teniorea  and 
iuniorea,  and  each  of  these  divisions  again  into 
Ave  centuries,  corresponding  with  the  five  pro- 
perty classes.     £ach  century  therefore  consisted 
entirely  of  members  of  the  same  tribe,  and  was 
in   fact,  as  Cicero  says  (pro  Plane.   20,  49), 
'<  unius  tribus  pan :     and  as  the  70  centuries 
of  the  first  class,  or  possibly  the  35  centuriae 
iuniorum,  drew  lots  for  the  privilege  of  voting 
£rst,  we  get  such  descriptions  as  ^  praerogativa 
Aniensis  iuniorum  "  (Liv.  zxiv.  7),  *'  praeroga- 
tiva Veturia  iuniorum  "  (Liv.  xxvii.  6,  &c.,  and 
cf.  Liv.  i.  43;  App.  B,  C.  i.  59;  Dionys.  iv.  21,  who 
describes  the  change  as  of  democratic  tendency). 
BelatUm   of    Tribules    to  one  another. — ^Tbe 
tribes     being     originally   local    districts,    the 
majority  of   their  members  were   neighbours 
^Cic  pro  Sext.  Rose,  16,  47),  and  were  moreover 
constantly  brought    together   for  the   various 
purposes  for  which  the  tribes  were  employed, 
and  from  this  cause  the  connexion  between  them 
was  naturally  a  somewhat  close  one.     So  in  Ter. 
Adelpfu  iii.  3,  85,  a  tribulis  is  **  homo  amicus 
nobis,  iam  inde  a  puero."    Cicero  (ad  Fam.  13, 
23)  speaks  of  Caninius  as  **  amicus  et  tribulin 
tutts.       Sometimes  this  esprit  de  corps  showed 
Itself  in   a  traditional  jealousy  of  some  other 
t  rtbe,  as   in    the   case  of  Papiria   and    Pollia 
<Liv.  vi.  37),  but  more  usually  in  the  active 
support  which  amtr&mles  afforded  one  another 
(1)  in  ordinary  life,  (2)  in  elections.     As  to  (1) 
we  find  a  victim  of  Sejanus  appealing  for  help 
to   his   contributes  J  *'si  semper  apparui   vobis 
bonus   et   utilis   tribulis,"  &c.  (Wilm.    1699). 
On  the  relation  between  tribules  with  regard  to 
elections  and  canvassing,  Cicero   throws  much 
light  in  the  pro  Plancio  (16-18),  while  the  fact 


that  Yatinius  failed  to  secure  the  vote  of  his 
own  tribe  Sergia  is  mentioned  as  an  exceptional 
disgrace  to  him  (in  Vat,  15,  37 ;  cf.  also  pro 
Mur,  33,  69).  So  again  candidates  give 
banquets  iributim  (Cic.  di  pet.  Consul,  11,  44) 
and  spectaada  (pro  Mur.  34,  72) ;  while  Sue- 
tonius says  of  Augustus,  **  Fabianis  et  Scaptien- 
sibus  tribulibus  snis  die  oomitiorum,  ne  quid  a 
quoquam  candidato  desiderarent,  singulis  milia 
nummum  a  se  dividebat "  (Aug.  40).  These 
passages  show  that,  even  after  the  Social  war, 
a  certain  bond  between  the  members  of  a  tribe 
remained,  and  of  course  in  earlier  times  it  was 
still  stronger.  When  we  remember  that  the 
tribes  were  constantly  coming  together  to  elect 
their  own  officers  (Orelli,  3094),  or  judices  for 
the  extraordinary  coui-ts  according  to  the  Lex 
Plautia  (Ascon.  ia  Cornel,  p.  79),  or  the  oentum- 
viri  (Fest.  p.  54),  or  to  celebrate  supplicationes, 
&c.,  decreed  by  the  senate  (Liv.  vii.  28),  it  is 
easy  to  understand  how  well  adapted  the 
Comitia  tributa  might  easily  be  made,  by  virtue 
of  all  these  local  associations  and  sympathies  in 
the  hands  of  skilful  leaders,  for  carrying  out  a 
democratic  or  anti-senatorial  policy. 

Ordo  Tribuum. — That  there  was  a  certain 
definite  order  of  tribes,  we  know  from  several 
passages ;  although  what  the  order  was,  we  are 
very  imperfectly  informed,  and  are  unable  to 
say  on  what  it  depended.  It  was  properly 
applied  to  decide  the  order  of  voting  in  the 
Comitia  tributa.  In  this  order  the  four  urban 
tribes  came  first,  arranged  as  follows :  Suburana, 
Palatina,  Esquilina,  Collina  (Varr.  v.  56 ;  Fest. 
p.  368).  This,  as  we  have  seen,  was  originally 
an  order  of  rank ;  and  that  it  was  retained  till 
the  time  of  Cicero,  we  may  infer  from  de  Leg, 
Agr.  ii.  29,  79,  '*  a  Suburana  usque  ad  Amiensem 
nomina  vestra  proponat."  Under  the  Empire, 
this  was  to  a  certain  extent  changed,  and  Palatina 
and  Collina  appear  to  rank  above  the  rest,  while 
the  order  in  connexion  with  the  corn-dis- 
tribution is  Palatina,  Suburana,  Esquilina, 
Collina  (C.  /.  L.  vi.  10211).  Of  the  rustic 
tribes  we  only  know  for  certain  that  Romulia 
came  first  (Cic.  /.  c. ;  Varr.  /.  c. ;  C.  I,  L,  vi. 
10211),  while  Voltinia  was  probably  second  (it  is 
so  in  the  inscription  referred  to),  and  Arniensis 
was  the  last  (Cic.  /.  c). 

The  Tribes  under  the  Empire, — Under  the 
Empire,  or  at  least  eince  15  a.d.,  the  adminis- 
trative and  political  importance  of  the  tribes 
disappears  (Tac.  Ann.  i.  15).  From  this  time 
in  the  provinces  and  in  Italy,  membership  in 
the  tribe  was  merely  the  formal  mark  of  Roman 
citizenship.  In  the  city  itself  the  tribes  still 
had  a  purpose,  but  it  was  neither  political  nor 
administrative.  Even  in  republican  times  the 
tribes  had  usually  been  made  the  vehicle  by 
which  presents  of  money  or  corn  were  given  to 
the  citizens  either  by  the  state  or  by  individuals 
(Ascon.  in  Mil,  p.  36;  Appian,  B.  C.  ii.  143; 
Cic.  ad  Att.  i.  16,  13,  &c.).  This  now  became 
their  chief  and  indeed  their  only  function.  How 
frequent  and  how  extravagant  the  largesses  and 
congiaria  given  under  the  Empire  were,  is 
sufficiently  well  known  (see  Marquardt,  Staaisv. 
ii.  pp.  114 ff.);  but  what  is  important  to 
remember  here  is  that  these  presents  were 
limited  to  the  citizens  resident  in  the  capital. 
This  is  expressly  stated  in  some  cases  (cf.  App. 
B.  C,  ii.  147),  and  is  implied  in  a  great  many 


886 


TRIBUS 


TBIBUS 


more  (Suet.  Jvi.  83,  Tib.  20 ;  Calig,  17 ;  Tac. 
Ann.  ii.  42,  &c.),  while  the  phrase  plehs  urbana 
used  in  this  connexion  is  another  proof,  if  proof 
were  needed  (cf.  Man.  Ancyr.  3,  16,  ^Hrecentis 
et  viginti  milibns  plebis  nrbanae  sexagenos 
denarios  viritim  dedi  ).  These  money  presents, 
as  we  know,  were  given  tribatim.  So  Appian 
(iii.  23)  sajs  that  the  legacy  of  Julius  Caesar 
was  given  by  Augustus  to  the  cnratores 
tribuum,  while  a  comparison  between  Tac.  Ann. 
i.  8  and  Suet.  Axtg.  101,  and  Tac.  Ann.  xii.  31, 
shows  that  money  given  viritim  was  given  to  the 
tribes  (cf.  also  Mart.  viii.  15, 4).  But  while  the 
oongtartOf  however  frequent,  were  of  irregular 
occurrence,  there  was  another  means  of  relieving 
the  wants  of  the  urban  population,  which  was 
regular,  and  indeed  of  monthly  occurrence,  viz. 
frwneniaiiones  or  grants  of  corn,  either  gratis  or 
at  rates  lower  than  the  market  price,  and  it  was 
in  connexion  with  these  regular  liberaiitates 
that  the  tribes  gained  a  new  meaning  and  a  new 
organisation  [see  Frumentatio].  That,  like 
the  money-gifts,  they  were  limited  to  the  city, 
is  abundantly  attested.  Thus,  in  the  Man. 
Ancyr.  '<plebs  urbana"  is  synonymous  with 
**  plebs  quae  frnmentum  publicum  accipiebat ;  " 
an  inscription  (C  7.  L.  vi.  943)  speaks  of 
''plebs  urbana  quae  frumentum  publicum 
accipit."  (See  also  Apn.  ii.  120,  frc.)  Pro- 
bably in  theory  they  could  be  claimed  by  every 
citizen  resident  at  Rome  (Sen.  de  Benef.  4,  28) ; 
and  the  libertini,  limited  almost  entirely,  as  we 
have  seen,  to  the  urban  tribea,  were  certainly 
not  excluded  (Dtonys.  iv.  24).  Probably,  how- 
ever, de  facto,  if  not  de  ivare  (Mommsen  thinks 
from  Dig.  32,  35,  that  it  was  also  de  ture), 
members  of  the  senatorial  and  equestrian  orders 
were  not  included  in  the  list  of  recipients.  This 
seems  to  follow  as  well  from  the  phrase  *'  plebs 
urbana,"  as  from  the  passages  where  the  tribes 
are  distinguished  from  the  more  illustrious 
classes  (cf.  Stat.  8Uv.  iv.  1,  25 ;  Dio  Cass.  Ixi.  7, 
&c.).  There  seems  also  to  have  been  a  maximum 
number  fixed  from  time  to  time  (Trajan,  e.g., 
raised  it :  Plin.  Panegyr.  51,  and  cf.  C.  J.  L.  vi. 
955),  as  a  check  upon  the  claims  of  those  who 
were  not  really  entitled  to  receive  the  com  (cf. 
Suet.  JW.  41 ;  Dio  Cass.  Iviii.  10 ;  Suet.  Avug. 
40X  and  each  recipient  was  furnished  with  a 
ticket  {teisera  frumenUiria).  The  recipients  of 
corn  then  being  the  members  of  the  thirty-five 
tribes  resident  in  Rome,  and  the  monthly  dis- 
tribution being  in  accordance  with  old  custom 
arranged  tributim,  the  tribi^s  not  unnaturally 
formed  themselves  Into  corporations  analogous 
to  the  collegia  of  which  so  much  is  heard  under 
the  Empire  (cf.  Wilm.  679  and  888,  *<  plebs 
urbana  xxxv  tribuum,"  and  1700,  '*  plebs 
urbana  quae  frnmentum  publicum  accipit  et 
tribus  [xxxv];"  also  Dig.  32,  35).  While  the 
corn  seems  to  have  been  given  out  at  the 
PorticuB  Minucia  (Apul.  de  Mund,  35),  there 
were  probably  granaries  for  each  tribe  (cf. 
Orefti,  3214,  '*  horrearius  plebis  et  tribus 
Palatinae,"  and  Tac.  Ann.  xv.  18);  and  it  is 
possible  that  the  com  for  a  whole  tribe  was 
received  frou  the  curator  annonae  at  the 
Porticus  Minucia,  and  then  taken  to  the  tribal 
granary  for  distribution  among  the  trUnilet. 
The  tribes  in  this  narrower  sense  differed  from 
the  other  collegia  apparently  only  in  their 
origin  and  in   the  greater    number  of   their 


members.      That  there  was  no  oommon  chest 
is  due  to  the  fact  that  the  common  store  of  corn 
toqk   its  place,  but  we  find  the   teniores  and 
tum'ores,    into    which    the    tribes    were    still 
divided,  entitled  *«  corpora  •  (Wilm.  1703-1736  ; 
C.   /.   X.  vi.  198,   &c),  while  they  have   the 
officials   usual    in    a    collegium,    acribae    and 
viatores  (C.  /.  L.  vi.  10215X  apparitores(Wilm. 
1705),    accensi    (Orelli,    3062X    honorati    and 
immunes  (Orelli,  3062,  3096):  they  had  com- 
mon burial-places  (C  7.  L.  vi.  10214),  and  were 
occasional  I  y  remembered  in  the  testament  of  «  rich 
tribulis  (Wilm.  1705).     As  this  organisation  was 
confined  to  the  plebs  urbana,  the  four  urban  tribes 
were  naturally  by  far  the  moat  nnmerously 
represented,    and     extant     inscriptions     relate 
principally  to  them,  and  especially  to  Palaiina 
and  Suburana.     But  all  the  tribes  abared  in  the 
organisation,    as   is  shown   generally    by    the 
phrase  "  plebs  urbana  xxxv  tribunm,"  while  in 
particular  Romnlia  and  Yoltinia  (C  /.  L.  vi. 
10211),  Claudia  (Orelli,  3062^  Oufentina  (WUm. 
1709),  and  Velina  (Pers.  v.  73)  are  specially 
mentioned   in  this  connexion.     An    inscription 
unfortunately  incomplete  gives  us  some  idea  of 
the  proportion  of  members  in  the  nrban  and 
rustic  tribes  (C.  /.  Z.  vi.  10211).     In  PaUtina 
the  number  of  tribules  (whether  of  permanent 
members,  or,  as  is  more  probable,  of  members 
newly   admitted  within  a    certain    period)   U 
4191,  in  Suburana  4068,  in  Esquilina  1777,  in 
Collina  457,  in  Romulia  68,  and  in  Voltinia  85. 
In  the  course  of  time,  though  it  was  probably 
not  originally  contemplated,  it  becamo  possible 
even    for    non  -  citizens    to    buy    tb«    tes$era 
frumentarioj  and  so  a  place  in  the  tribe  (cf.  Jnr. 
vii.  171),  and  in  this  way  **  tessenm  cmere  " 
(Dig.  5,  1,  52)  and  *<  tribum  emere  "  (Dig.  3-J. 
1,  35)  came  to  be  convettible  terms;  aid  the 
custom  of  thus  buying  a  place  in  a  tribe  became 
widely  spread,  and  was  frequently  rcsoried  to  by 
the  rich  as  a  convenient  way  of  providing  lor 
old  servants  and  retainers  (cf.  Dig.  32,  35).     So 
far  indeed  was  this  carried  that  we  find  a  boy  of 
18  yean  old  having  a  place  in  the   Esqnilina 
seniorum  (Orelli,  3093).    Whether  membership 
in  a  tribe  was   in   these    eases    bought  from 
individual  members,  or,  as  is  more  probable,  from 
the  tribe   itself  as   a  corporation,  caxmot    he 
decided  with  certainty.    A  theory  pot  forwmrd 
by   Mommsen  in  his  early  monograph  on  the 
Roman  tribes,  though  he  has  ainoe  given  it  up* 
deserves  to  be  mentioned  as '  not  improbable, 
though  perhaps  not  capable  of  prooC    T1>e  com 
was  at  first  given,  he  supposes,  not  gratis,  but 
at  a  moderate  price,  and  prtusticall  j  ail  bona- 
fide  citizens  resident  in  the  city  particifMited  in 
the  privilege.    Gradually,  however,  withiu  this, 
larger  body,  a  certain  number  of  the   poorer 
citizens    received    their    com   free    by  mean.^ 
perhaps  of  tesserae  tuunmariae  (Snet.  Ang.  41k 
and  it  was  this  smaller  nnmber  of  persons  who 
became  organised  in  dose  corporattoas  which  in 
the  course  of  time  appropriated  tho  names  of  tbr 
tribes.    On  this  theory  the  numbers  meiitioani 
in  the  inscription  above  referred  to  wonld  be 
those*  of  the  free  recipients,  not  of  the  tribe«n«o 
generally.      Hirsehfeld,    on    the   other    h:Loi 
(PhiMogus,  xxix.),  denies  that  either  the  rf.>- 
giaria  or  the  frumeniationei  wars    given   by 
means  of  the  tribes  at  alL 
Ziterature, — Mommsen,  Die  rfaunftan  IV*&«s> 


TBIBUTUM 

&&,  Altona,  1844 ;  Staatgrecht,  iii.  pp.  95  ff., 
161  ff.,434  ff.,  and  779  ff. ;— Haschke,  Die  Ver- 
fassmtg  des  KdnigB  Sirvius  TulHus;  Qrotefend, 
Imperitun  J^omanum  irHnUim  descriptturij  1863 ; 
Kubitschek,  de  origme  et  propagatione  Tribwim  ; 
Id.  Imperium  Romanum  tribwtim  discriptum, 
1889; — ^Beloch,  Der  iUUiache  Bund;  Hermes, 
zxli.  p.  100  ff.  [E.  6.  H.] 

TBIBU'TUM,  as  paid  bj  Romans,  took  two 
forms. 

(1)  A  charge  on  special  classes  of  the  Roman 
people.    [Aer^rii;  Abs  Ho&dearium.] 

(2)  An  extraordinary  source  of  reTenue, 
opposed  to  the  ordinary  vedigalku  A  property- 
tax,  raised  when  needed,  and  chiefly  to  coyer 
the  expenses  of  war  (e^.  Liv.  yi.  32).  When 
regular  pay  was  giyen  to  the  soldiers  [Sn* 
PENDIC7M],  tribatnm  must  haye  been  raiMd 
practically  eyery  year.  It  was  leyied,  not  upon 
land  held  in  possessio  [Aobaria£  Lsqes],  but 
only  on  property  (res  mancipi)  held  by  a  full 
title.  If  the  tithes  upon  posaeseio  were  not 
properly  paid,  tribntum  would  be  both  heayier 
and  more  frequent,  since  money  must  be  found 
somehow,  and  we  accordingly  find  the  plebeians 
complaining  at  an  early  time,  when  they  held 
little  or  no  ager  piMicus,  as  if  tribntum  were  a 
burden  chiefly  upon  them  (Liy.  iy.  60,  y.  10). 
The  pressure  of  it  on  poor  people  was  all  the 
more  seyere  because  debts  incurred  since  the 
last  census  were  not  deducted  from  the  yalna- 
tion  of  a  person's  property,  so  that  he  had  to 
pay  tribntum  upon  property  which  was  not  his 
own,  but  which  he  owed,  and  for  which  he  had 
consequently  to  pay  interest  as  well.  Still,  the 
tax  might  be  repaid  after  successful  wars  (Liy. 
zxxix.  7;  Dionys.  y.  47);  hence  perhaps  the 
complaints  against  generals  who  paid  all  the 
booty  into  the  treasury  instead  of  using  it  for 
repayment.  The  usual,  amount  of  the  tax 
(irifmtum  simplex)  was  one  for  eyery  thousand 
of  a  man's  fortune  (Liy.  xxix.  15) ;  in  B.C.  215 
it  was  doubled  (iributum  duplex,  Uy.  xxiii.  31) ; 
and  in  B.C.  184  it  was  raised  to  three  in  a 
thousand  (Liy.  xxxix.  44).  It  was  raised,  ac- 
cording to  the  tribes  instituted  by  Senrius 
TulIiuSfby  the  tribuniaerarii  (liy.  i.  43 ;  Dionys. 
iy.  14, 15,  and  see  Index),  and  was  therefore  not, 
like  other  branches  of  the  reyenue,  let  out  to 
farm.  It  rested  originally  with  the  senate  to 
appoint  (mdioere}  when  the  tax  shoutd  be  leyied, 
and  to  what  amount.  If,  howeyer,  Liyy  (y.  12) 
can  be  trusted,  the  people  could,  with  the  aid  of 
tribum  plebis,  withhold  payment.  Later,  the 
censors  are  found  fixing  the  amount  (B.a  184 ; 
liy.  xxxix.  44).  No  citizen  was  legally  exempt ; 
the  attempt  of  the  augurs  and  pontiffs  to  claim 
exemption  in  B.a  196  came  to  nothing  (Liy. 
XXX iii.  42).  Occasionally,  on  emergency,  the 
tribntum  was  not  raised  according  to  the  census, 
but  got  in  as  best  it  could  be,  and  it  was  then 
known  as  iributum  temerarium  (Pestus,  s.  y. 
Tributorum  CaUatUmem).  Examples  would  be 
the  collection  of  B.c.  387  and  that  of  210  (Liy. 
xxyi.  35)  repaid  in  204  (Liy.  xxix.  16).  After 
the  successful  Third  Macedonian  War,  tribntum 
ceased  de  facto  to  be  leyied  on  Roman  citizens 
Junius  imperatoris  praeda  finem  attulit  tri- 
butorum," Cic  de  Of,  ii.  22,  76 ;  cf.  Val.  Max. 
iy.  3,  8,  and  Plin.  H.  N.  xxxiii.  §  56),  although 
it  might  at  any  time  haye  been  re-imposed  (Cic 
pro  FUtcoo,  32,  80).    This  sUte  of  things  lasted 


TRICLINIUM 


887 


till  B.C.  43,  when  in  the  crisis  of  the  dyil  wars 
a  similar  tax  was  again  leyied  (Pint.  Aem,  Paul, 
38).  There  has  been  great  discussion  as  to 
whether  this  was  a  reyiyal  of  tribntum ;  but 
probably  Dr.  Meriyale  (ffistory  of  iht  Romans 
under  the  Empire,  c  25)  is  right  in  sajring  that 
it  was  only  ''  extraordinary  contributions  "  (cf. 
Willems,  S^hai,  ii.  359;  Marquardt,  iStoatsiw- 
waltung,  ii.  172).  It  could  at  most  only  be  a 
tributum  temerarium.  Mommsen,  howeyer 
{Staatsreeht,  iii.  229),  maintains  that  the  ordi- 
nary tributum  was  reyiyed  in  B.G.  43.  Whether 
tributum  was  raised  after  this  date,  there  is  no 
distinct  proof,  but  it  is  unlikely,  as  the  goyem- 
ment  of  the  emperors  did  its  best  to  keep  the 
Roman  population  free  from  taxes.  The  taxes 
imposed  in  Italy  by  Maximianus  should  rather 
be  classed  with  the  proyincial  tribute  than  with 
the  old  Roman  tribntum. 

For  the  tribute  of  the  proyincials,  see  Vscn- 
GALIA.  [F.  T.  R.] 

TBIGLI'NnJM,  properly  a  set  of  three 
couches  round  a  dining-table,  but  commonly- 
used  also  for  the  dining-room  of  a  Roman  house ; 
for  its  usual  position,  see  DoMUS.  It  was  of  an 
oblong  shape,  and  according  to  Vitruyius  (yi.  3, 
§  8)  ought  to  be  twice  as  long  as  it  was  broad. 
The  same  author  (§  10)  describes  triclinia,  eyi- 
dently  intended  to  be  used  in  summer,  which 
were  open  towards  the  north,  and  had  on  each 
side  a  window  looking  into  a  garden.  Many  of 
the  houses  at  Pompeii  appear  to  haye  had 
summer  dining-rooms  opening  to  the  yiridarium. 
The  woodcut  in  Vol.  I.  p.  894  shows  the  arrange- 
ment of  the  three  couches  (leoti,  a^Mm),  from 
which  the  triclinium  deriyed  its  name.  These 
remain  in  the  **  House  of  Sallust,"  being  built 
of  stone.  Three  yery  beautiful  lecH  truSiniares 
in  wood  adorned  with  bronze  haye  been  more- 
recently  discoyered,  and  are  now  to  be  seen  in 
the  Naples  Museum  (cf.  Oyerbeck,  Pompeii,. 
fig.  227). 

The  articles  Lscrns,  Torus,  and  Pulyinab. 
contain  accounts  of  the  furniture  used  to  adapt 
these  conches  for  the  acctibatic,  i.e.  for  the  act 
of  reclining  during  the  meal.  When  so  pre- 
pared for  an  entertainment,  they  were  called 
tridinia  strata  (Caes.  B.  (7.  iii.  92 ;  cf.  Athen. 
ii.  pp.  47,  48),  and  they  were  made  to  corre- 
spond with  one  another  in  substance,  in  dimen- 
sions, and  in  shape  (Yarro,  L,  L.  ix.  47,  ed. 
Muller).  As  each  guest  leaned  during  a  great 
part  of  the  entertainment  upon  his  left  elbow, 
so  as  to  leaye  the  right  arm  at  liberty,  and  as 
two  or  more  lay  on  the  same  couch,  the  head  of 
one  man  was  near  the  breast  of  the  man  who 
lay  behind  him,  and  he  was  therefore  said  to  lie 
in  the  bosom  of  the  other  (Plin.  Epist,  iy.  22). 
But  we  must  not  suppose  with  Lewis  and  Short 
that  one  actually  rested  on  the  other.  Among 
the  Romans,  the  usual  number  of  persons 
occupying  each  couch  was  three,  so  that  the 
three  couches  of  a  triclinium  afforded  accommo- 
dation for  a  party  of  nine.  It  was  the  rule  of 
Yarro  (Gellius,  xiii.  11)  that  the  number  of 
guests  ought  not  to  be  less  than  that  of  the 
Graces,  nor  to  exceed  that  of  the  Muses.  Some- 
times, howeyer,  as  many  as  four  lay  on  each  of 
the  couches  (Hor.  8at,  i.  4,  86).  Among  the 
Greeks  it  was  usual  for  only  two  persons  to 
recline  on  each  couch.     [Cena,  Vol.  L  p.  393.] 

In  sQch  works  of  ancient  art  as  represent  a 


888 


TRICLINIUM 


TKIEBABGHIA 


symposiiun,  or  drinking  -  party,  we  always 
obaerre  that  the  coaches  are  elevated  above  the 
level  of  the  table.  This  circnmstance  throws 
some  light  upon  Platarch's  mode  of  solving  the 
problem  respecting  the  increase  of  room  for  the 
guests  as  they  proceeded  with  their  meal 
{Sympos,  V.  6).  Each  man  in  order  to  feed  him- 
self lay  flat  upon  his  breast  or  nearly  so,  and 
stretched  out  his  hand  towards  the  table  (cf. 
Plant.  !£»/.  760);  but  afterwards,  when  his 
hunger  was  satisfied,  he  turned  upon  his  left 
side,  leaning  on  his  elbow.  To  this  Horace 
alludes  in  describing  a  person  sated  with  a  par- 
ticular dish,  and  taming  in  order  to  repose  upon 
his  elbow  (Sat.  ii.  4,  39 ;  cf.  Carm,  i.  27,  6). 

We  find  the  relative  positions  of  two  persons 
who  lay  next  to  one  another  commonly  ex- 
pressed by  the  prepositions  super  or  supra  and 
infra,  A  passage  of  Livy  (xxxix.  43),  in  which 
he  relates  the  cruel  conduct  of  the  consul  L. 
Quintius  Flamininus,  shows  that  m/ra  aliquem 
cubare  was  the  same  as  in  sinu  alicujua  cvibare,  and 
consequently  that  each  person  was  considered 
as  hdow  him  to  whose  breast  his  own  head 
approached.  On  this  principle  we  are  enabled 
to  explain  the  denominations  both  of  the 
three  couches,  and  of  the  three  places  on  each 
couch. 

tectns  medlus 


a 

p 

I 


a|i 

P    S3     u 

5   8*^ 

gummas 

medios 

imoB 

6    6    4 
1               3 

8                2 

»                1 

imufi 
medlus 
summos 

s 
s 


Supposing  the  annexed  arrangement  to  re- 
present the  plan  of  a  triclinium,  it  is  evident 
that,  as  each  guest  reclined  on  his  left  side,  the 
countenances  of  all  when  in  this  position  were 
directed,  first,  from  No.  1  towards  No.  3,  then 
from  No.  4  towards  No.  6,  and  lastly,  from  No.  7 
towards  No.  9  ;  that  the  guest  No.  1  lay,  in  the 
sense  explained,  above  No.  2,  No.  3  Mow  No.  2, 
and  so  of  the  rest ;  and  that,  going  in  the  same 
direction,  the  couch  to  the  right  hand  was  abote 
the  others,  and  the  conch  to  the  left  hand  belovo 
the  others.  Accordingly  the  following  fragment 
of  Sallust  (op.  Serv.  in  Verg.  Acn,  i.  698)  con- 
tains the  denominations  of  the  couches  as 
shown  on  the  plan ;  there  were,  however,  only 
seven  guests  present,  so  that  two  places  were 
vacant,  and  these  were  probably  3  and  6 : 
*'Igitur  discubuere:  Sertorias  (ue.  No.  5)  in- 
ferior in  medio ;  super  eum  L.  Fabius  Hispani- 
ensis  senator  ex  proscriptis  (No.  4) :  in  summo 
Antonius  (No.  1) ;  et  infra  scriba  Sertorii  Ver- 
sius  (No.  2) :  et  alter  scriba  Maecenas  (No.  8) 
in  imo,  medius  inter  Tarquinium  (No.  9)  et 
dominum  Perpernam  (No.  7)."  On  the  same 
principle,  No.  1  was  the  highest  place  (^Locus 
summus)  on  the  highest  couch  ;  No.  3  was  Locus 
imus  in  lecto  summo ;  No.  2,  Locus  medius  in 
lecto  summo,  and  so  on.  It  will  be  found  that 
in  the  following  passage  (Hor.  Sat,  ii.  8,  20-23) 
the  guests  are  enumerated  in  the  order  of  their 
accnbation — an  order  exhibited  in  the  annexed 
diagram. 


I    S     3 

i  §  t 

s    >   * 

NomenUnus 

Nasidienus 

Pordos 

if  Mensa.  jj 

Tariua 
Ylscua 

Fundanius,  one  of  the  guests,  who  was  at  the 
top  relatively  to  all  the  others,  says : 

«  Summos  ego,  et  prope  me  Viscus  Tburlnos,  et  Infrv, 
Si  memlni.  Varius,  cum  SenriUo  fialaftroiie 
yibidins,  quoB  Maecenas  adduxent  umbraa. 
Nomentanos  erat  super  ipsum,  Forcius  Infra.'* 

That  Maecenas  was  in  the  place  of  honoor 
(No.  6)  is  evident  from  the  fact  that  the  dinner 
was  given  in  his  honour :  that  Servilxaa  (No.  4) 
and  Vibidius  (No.  5)  were  next  to  each  other  is 
not  less  plain  from  the  aside  in  w,  33,  34.  The 
host  himself,  Nasidienus,  occupies  the  place 
No.  8,  although  No.  7  was  the  usual  place  for 
the  master  of  the  feast,  because  Nomentoniis 
was  put  next  to  Maecenas,  in  order  to  point  ont 
to  him  the  special  dainties  (v.  25).  Cf.  Joum.  of 
FfuL  vi.  219,  and  Palmer  on  Hor.  /.  &  No.  6 
was  the  place  of  honour  (^voruc^f,  Plat.  Quaest. 
Conv,  i.  3),  not,  as  Lewis  and  Short  still  say, 
afler  Plutarch,  that  if  a  consul  were  present  he 
might  be  able  to  attend  to  any  bosiDeas  that 
might  occur,  but  simplv  as  being  next  to  the 
ho5t,  a  view  which  Plutarch  also  gives  (cf. 
Becker-Gdll,  GaUut,  iii.  376-386). 

The  general  superintendence  of  the  dining- 
room  in  a  great  house  was  entrusted  to  a  slave 
called  tricliniarcKa,  who,  through  the  instm- 
mentality  of  other  slaves  of  inferior  rank,  took 
care  that  everything  was  kept  and  proceeded  in 
proper  order.  [J.  Y.]     [A  S.  W.] 

TBIDENS.    [FuBCiMA.] 

TBIEN8.    [Ab.] 

TRIEBA'BGHIA  (rp<i|/Mpx^>  One  of  the 
two  extraordinary  public  services  to  which 
wealthy  Athenian  citizens  were  liable  (the 
other  was  the  irpotttr^pd')  i  it  was  classed 
among  the  liturgies  (\ccrov|p7(ai),  but  the  re- 
quirement of  it  was  as  circumstances  neeeasi- 
tated,  and  therefore  it  was  not  an  ortSmary  or 
periodically  recurrent  (iytcvitXtos)  liturgy.  The 
object  of  it  was  to  provide  for  the  maint^naaoe 
(and  in  some  degree  for  the  original  eqnipaieBt) 
of  the  ships  of  war  belonging  to  the  state.  The 
person  on  whom  this  duty   fell  was  called  a 

Trierarch  (rpt^papx'*f)\  >°*1  i^  would  appear 
that  in  early  times  he  was  captain  of  the  ship 
which  he  maintained. 

The  office  of  the  trierarchy  passed  through 
four  distinct  forms  or  stages;  and  though  in 
the  remarks  which  follow  it  will  be  impooaible 
to  treat  of  them  separately  in  all  respects,  tbe 
historical  sequence  will  on  the  whole  be  pre- 
served. The  first  stage  was  from  the  era  of 
Themistocles  to  the  Sicilian  Expedition :  daring 
this  period  each  ship  was  provided  for  by  a 
single  trierarch ;  the  state  was  wealthy,  and  no 
dilhculties  seem  to  have  been  felt  in  the  aotis- 
factory  discharge  of  the  office.  The  aecoad 
stage    was    from    the    Sicilian    Expedition    to 


TBIBBABGHIA 


TBIEBABGHIA 


889 


B.C.  358 ;  two  trwrarchs  to  a  ship  wen  now  the 
rule ;  a  diminution  in  the  wealth  both  of  the 
state  and  of  indiridoals  was  clearly  the  reason 
•f  this;  the  trierarchs  found  that  practically 
more  was  thrown  on  them  (though  we  have  no 
reason  to  suppose  an  alteration  in  the  nominal 
duties).  From  B.C.  358  to  B.C.  340,  the  system 
of  symmories  was  introduced  into  the  trierarchy, 
whereby  the  number  of  trierarchs  to  a  sinele 
ship  was  still  further  increased ;  and  lastly, 
from  B.C.  340  to  the  close  of  Athenian  inde- 
pendence, the  double  trierarchy  again  became 
the  rule,  through  a  law  carried  by  Demosthenes, 
though  with  what  modifications  from  the  old 
form  we  do  not  exactly  know ;  the  symmories, 
probably,  were  not  altogether  abolished. 

1.  The  beginning  of  the  trierarchy  in  the  full 
and  proper  sense  of  the  word  dates  from  that 
large  increase  of  the  Athenian  fleet  which 
Themistocles  persuaded  the  Athenians  to  make 
with  the  produce  of  the  Laurian  silrer  mines, 
▼ery  shortly  before  the  invasion  of  Xerxes 
(Herod,  rii.  144).  Before  that  time  the  netu- 
craries  [Naucba&ia]  had  furnished  a  ship 
apiece  to  the  commonwealth  (t.«.  48  altogether 
in  Solon's  time,  50  after  the  reform  of  Clei- 
sthenes) ;  the  naucrarus,  or  head  of  the  naucrary, 
would  no  doubt  have  a  certain  responsibility 
for  the  ship's  maintenance,  and  would  thus  be 
in  a  position  partly  analogous  to  that  of  the 
trierarch  afterwards ;  but  the  measure  of 
Themistocles,  through  its  enlargement  of  the 
fleet,  gare  an  occasion  for  a  large  development 
•f  the  individual  services  of  rich  men,  in  which; 
services  the  Trierarchy  proper  consisted.  So 
great  indeed  was  the  public  enthusiasm  at  that 
era,  that  we  find  Cleinias,  at  the  battle  of 
Artemisium,  providing  not  only  the  entire 
«quipment  of  the  ship,  and  the  payment  of  the 
sailors,  but  even  the  ship  itself  of  which  he  was 
the  captain  (Herod,  viii.  17).  But  this  was  no 
part  of  the  ordinary  duty  of  a  trierarch ;  though 
individual  donations  of  triremes  to  the  state  are 
meationed  afterwards  (Dem.  c.  Meid,  p.  566, 
§  161 ;  cStepk.^.  1127,  §  85)  ;  and  the  passage 
in  the  MeieKoi  implies  that  such  donations  were 
sometimes  expected  from  the  rich.  (It  has, 
however,  been  doubted  whether  the  donation  of 
a  ship,  even  in  these  cases,  may  not  mean  the 
donation  of  the  equipment  merely.)  Generally 
•peaking,  the  state  provided  the  ship  itself;  the 
Council  of  Five  Hundred  (BouX^)  had  the 
general  duty  of  building  ships  (Dem.  c.  Androt. 
p.  599,  §  18) ;  but  Aeschines  (c.  Ctenph.  §  19) 
speaks  of  the  tribes  being  ordered  to  build 
them. 

In  Herodotus  (/.  c;  also  viii.  46,  93)  the 
name  irierarch  first  occurs ;  in  Thucydides  (vi. 
dl)  there  is  the  first  statement  of  their  duties, 
as  far  as  these  are  indicated  by  what  was  done 
in  the  Sicilian  Expedition.  Unfortunately,  there 
are  in  this  passage  two  considerable  ambiguities. 
Thucydides  says  that  the  state  furnished  the 
**  empty  vessel  "  {vavp  irt i^k)  :  are  we  then  to 
understand  that  the  state  did  not  furnish  sail, 
ropes,  and  oars,  bat  that  these  are  included 
among  the  apparatus  (Karooriccval)  which  the 
trierarchs  provided?  It  must  appear  very 
Btrange  if  this  was  so ;  considering  that  in  the 
Knights  of  Arbtophanes,  written  only  nine  years 
before,  it  is  spoken  of  as  customary  for  the  state 
to  give  the  sail  (IffrioVf  v.  918):   and  in  the 


speech  of  Demosthenes  cb  Cor,  IV/erarcA.,  deli- 
vered fifty-four  years  afterwards,  it  is  said  to 
be  incumbent  on.  the  state  to  provide  the 
apparatus  (r&  o'lcc^)  of  a  ship  (p.  1229),  i.e. 
the  "sailcloth,  tow,  and  ropes"  (6$6¥m  iced 
arvwwtta  ical  o'xot^^a,  Dem.  c.  Euerg,  et  Mneaib, 
p.  1145,  §  20).  Can  the  state  possibly  have 
omitted  to  provide  these  things  in  the  most 
splendidly-furnished  expedition  that  ever  issued 
from  the  Piraeus  ?  Or,  if  all  these  were  left  to 
the  trierarch,  would  Thucydides  have  thought 
it  worth  while  to  intimate  specially  that  the 
trierarchs  provided  so  small  a  matter  as  the 
figure-heads  (cny/icia)?  Hardly;  and  we  must 
therefore  conclude  that  the  ** empty  ship"  in- 
cludes the  largest  points  of  the  equipment, 
while  the  trierarchs  introduced  such  ornaments 
and  improvements  as  were  not  of  absolute 
necessity.  (In  Thucyd.  vi.  8  also,  the  mpcuricffv^ 
seems  to  be  mentioned  as  something  furnished 
by  the  state.) 

Again,  while  Thucydides  tells  us  clearly  that 
the  state  paid  the  rowers,  and  that  the  trier- 
archs gave  additional  pay  merely  to  the  rowers 
on  the  upper  bench  (0payirai),  who  had  the 
hardest  work ;  it  is  not  quite  clear  whether  the 
state  or  the  trierarchs  paid  the  wages  of  the 
^irufwrla  (i,e,  the  servants  and  petty  officers  on 
board).  A  difference  of  reading  complicates  the 
question  ;  but  as  Thucydides  distinctly  says  that 
the  trierarchs  gave  additional  pay  (^liti^ipks)  to 
the  ^mipwta,  it  seems  implied  that  the  state 
was  the  principal  paymaster ;  and  it  is  natural 
^to  suppose  this  to  have  been  so  (and  it  is  con- 
firmed by  Thucyd.  iii.  17).  So  far  then  the 
work  of  the  trierarch  was  simply  that  of  ex- 
tending, for  the  sake  of  greater  efficiency,  the 
work  done  by  the  state ;  and  this  part  of  a 
trierarch's  work  was  more  or  less  voluntary. 
But  to  launch  the  ship  from  the  harbour,  to 
maintain  it  in  full  efficiency  and  restore  it 
unimpaired,  was  a  trierarch's  absolute  duty ;  an 
obligation  expressed  in  the  inscriptions  quoted 
by  Boeckh  (Sse^UrAundenf  p.  197)  by  the  phrase, 
8ei  rV  I'Avy  96KifUP  jral  ivrtKri  TOpdovvau 
This  obligation  as  a  rule  ceased  when  a  trier- 
arch had  held  his  office  for  a  year ;  after  which 
time,  if  his  ship  was  still  wanted  for  foreign 
service,  so  that  he  could  not  bring  it  back  to 
the  Piraeus,  a  successor  would  be  sent  out  to 
him ;  and  such  an  arrival  was  eagerly  expected 
by  the  sailors,  for  a  new  trierarch  brought  fresh 
donations  (Dem.  c.  FotycL  p.  1211,  §  15).  A 
trierarchv  also  was  held  to  be  terminated  if  the 
general  furaished  no  pay  to  the  sailors,  or  if  the 
ship  put  into  the  Piraeus  (it  being  then  im- 
possible to  keep  the  sailors  together);  but  the 
practice  was  not  always  consistent  on  these 
points  (Dem.  c.  Pdycl,  pp.  1209,  1210,  §§  11- 
13  ;  Isocr.  c.  Callim,  §  60).  On  the  other  hand, 
a  trierarch  who  through  any  accident  was 
obliged  to  serve  more  than  his  year  could  charge 
the  extra  expense  {iTtrpiripdpx'ifi^)  on  his  suc- 
cessor, and  bring  an  action  to  recover  it  if 
necessary  (Dem.  c.  Polyd.  I.  c). 

The  maximum  number  of  ships  of  war  was 
reached  during  the  first  form  of  the  trierarchy, 
and  the  trierarchs  (each  bound  to  maintain  an 
entire  ship)  numbered  then  400,  according  to 
the  treatise  on  the  Athenian  Republic  ascribed 
to  Xenophon  (which  probably  was  written  in 
the  first  part  of  the  Peloponnesian  war).    The 


890 


TBIEBABCHIA 


Anabans  (rii.  1,  27)  confirms  this  ntimber ;  and 
the  calcnlstion  in  Thncydides  bears  this  out  pretty 
nearlj  (comparing  ii.  24  with  iii.  17).  Stnibo  (ix. 
p.  395)  also  says  that  there  were  originally  400 
places  for  triremes  in  the  Piraeus. 

II.  The  second  form  of  the  trierarchy,  in 
which  two  persons,  called  Syntrierarchs  (o^/r- 
rpvtipapxot),  shared  the  office,  probably  began 
after  the  fiiilure  of  the  Sicilian  Expedition ;  but 
the  first  actual  mention  of  it  (Isocr.  /.  c.)  is 
directly  after  the  battle  of  Aegospotami.  The 
syntrierarchy  mentioned  in  Lysiaa,  c  JHogeit. 
§  24,  took  place  some  time  during  the  eight 
years  which  began  B.G.  409,  but  at  what  exact 
date  is  uncertain.  From  this  period  onwards 
we  hare  frequent  mention  of  the  trierarchy  in 
the  Attic  orators;  whose  testimony,  though 
valuable,  is  always  liable  to  deduction  on  per^ 
sonal  grounds.  Thus,  when  the  speaker  in 
IsocratM  Q,  c.)  boasts  that  he  and  his  brother 
paid  the  wages  of  the  rowers  in  the  ship  of 
which  they  were  joint  trierarchs,  the  statement, 
though  perfectly  probable,  has  not  the  same 
certainty  as  if  given  to  us  by  an  impartial  his- 
torian. Much  more  definitely  can  the  statement 
in  Dem.  o.  Meid.  p.  564,  §  154,  be  challenged ; 
where  it  is  alleged  that  in  the  times  of  the 
syntrierarchy,  ''we,  the  trierarchs,  had  ourselves 
to  provide  crews  for  our  vessels"  (r^  yovs 
4w\iipo6fAMiy  ttbrot).  No  doubt  this  sometimes 
happened ;  but  the  whole  course  of  the  speech 
against  Polycles  by  the  same  orator  (pp.  1208 
aqq,')  shows  that,  according  to  law,  the  state 
provided  and  paid  the  crews ;  and  the  same  is 
implied  in  the  passage  of  Isocrates  just  referred 
to.  A  careful  examination  will  also  show  that 
in  the  second,  as  in  the  first,  form  of  the  trier- 
archy, the  state  was  supposed  to  pay  the 
ihnipco'ia  (servants  and  petty  officers)!  It  is 
true  that  Apollodorus  (Dem.  de  Cor,  Trierarch, 
p.  1229,  §  6)  says  that  he  paid  money  to  these 
himself;  but  whether  as  their  full  wages  or  as 
extra  pay  is  not  stated :  whereas  of  his  rivals  he 
says,  **  They  have  not  hired  any  i^pcWo,  though 
they  claim  to  have  had  more  than  I ; "  from 
which  the  inference  is  plain  that  the  state  gave 
the  hire.  In  affirming,  however,  the  legal 
obligation  of  the  state  at  this  period  (as  in  &e 
first  period)  to  pay  the  wages  of  crew  and  ser- 
vants, it  must  be  remembered  that  this  obliga- 
tion was  by  no  means  always  properly  dis- 
charged. (Cf.  the  orations  of  Demosthenes 
againtt  Poiydes^  de  Corond  Trierarchiae,  and 
against  JSuergus  and  Mhesibtdus — ^the  last  of 
which  was  delivered  at  the  beginning  of  the 
third  trierarchical  period.) 

The  syntrierarchy,  during  the  period  in  which 
it  prevailed,  did  not  entirely  supersede  the  older 
and  single  form.  Numerous  instances  of  single 
trierarchies  occur  between  411  and  358  B.C. ; 
and  in  two  passages  of  Isaeus  (pteoMg.  §  54 ; 
Apoilod.  §  67)  referring  to  this  period,  the  single 
and  double  trierarchy  are  mentioned  as  con- 
temporaneous. Apollodorus  was  sole  trierarch 
(Dem.  c.  Polyd.)  so  late  as  B.a  361.  In  the 
case  of  a  syntrierarchy,  the  two  trierarchs  com- 
manded their  vessel  in  turn,  six  months  each 
(Id.  p.  1219),  according  as  they  agreed  between 
themselves.  Sometimes,  however,  a  trierarch, 
or  pair  of  syntrierarchs,  would  let  out  the 
whole  duties  of  the  office  to  a  contractor.  This 
(fusBSffai  rii¥  rpaipapx^^}  was  a  manifest  and 


TBIEBABCHIA 

great  abuse;  the  work  was  done  inefficiently, 
and  (what  was  worse)  the  contractors  at  times 
nuule  use  of  their  position,  and  reimbursed 
themselves  against  losses,  by  privateering  on 
their  own  account,  which  led  to  reprisal  on 
the  part  of  the  injured  against  Athens  henelf 
(Sttlae  ;  Dem.  de  Cor,  Trierarch,  p.  1831,  f  13). 
Such  misdoings  seem  to  have  been  imperfectly 
reported  at  Athens,  and  popular  indignation 
was  but  little  aroused  by  them;  but  when  a 
defeat  of  the  Athenian  navy  took  place  on  one 
occasion,  the  trierarchs  who  had  let  their  office 
out  in  this  way  were  tried  for  their  lives,  as 
having  deserted  their  post  (Dem.  tft.  p.  1230). 
The  capital  sentence,  however,  was  not  inflicted, 
and  it  is  even  doubtful  if  they  were  punished  at 
all.  (See  also  notices  of  the  practice  of  letting 
out  die  trierarchy  in  Dem.  c.  Meid,  pp.  540,, 
564 ;  the  latter  case  falling  under  the  system  of 
symmories.) 

IIL  In  B.a  358,  the  third  form  cf  the  trier- 
archy began.  The  attempt  of  the  Thebans  upon 
Euboea  in  that  year  occasioned  a  sreat  need  of 
ships,  which  were  at  first  supplied  bv  volontarv 
effort  under  the  urgent  persuasion  of  TImothevs 
(Dem.  de  Chersones,  p.  108,  §  30) ;  but  as  a  ooo- 
sequence  of  this,  Periandeiv  (Dem.  e.  Btaerg.  et 
Muesib,  p.  1145,  §  20)  introduced  in  tlie  same 
year  a  law,  whereby  the  symmories,  already  in 
use  for  the  war-tax,  were  adapted  under  altered 
form  to  the  trierarchy.  These  trienrchieal 
symmories  were  the  funous  1200,  arranged  in 
twenty  symmories  of  60  persons  each  (for 
further  information  as  to  whom,  and  as  to  their 
exact  connexion  with  the  war^tax  symmories, 
see  ST1I310BIA).  We  find  them  already  working 
in  the  archonship  of  Agathocles,  357  B.a  (Dem. 
c.  Euerg,  et  Jtnesib,  p.  1152,  §  44) ;  thomgli  the 
sjrntrierarchy  (as  appears  from  this  very  speech) 
had  not  then  been  wholly  disused,  and  may  bare 
continued  some  time  longer. 

The  intention  of  the  law  of  Periander  was 
doubtless  to  increase  the  efficiency  of  the  navy, 
by  increasing  the  amount  of  property  applicable 
to  the  purposes  of  the  trierarchy  (lor  it  has 
been  said  above  that  there  were  only  400  trier- 
archs in  the  first  form  of  the  office,  and  doubt- 
less there  were  not  many  more  dnrfaig  the  syn- 
trierarchy). But  the  system  was  not  propcrlr 
managed;  and  the  rich  men  soon  foond  means 
to  use  it,  not  for  the  regulation  of  public  bur- 
dens, but  as  a  means  of  escaping  frmn  thcao. 
What  was  clearly  necessary  for  its  satlsfiutorv 
working  was  that,  when  any  number  of  joint 
trierarchs  had  the  management  of  a  ahip^  there 
should  be  a  due  admixture  of  rich  and  poor 
among  them ;  and  that  the  poor  should  not  be 
too  frequently  and  too  largely  called  npea.  But 
both  these  evils  happened ;  and  Demcathenes  in 
his  speech  de  Symmoriis  (delivered,  or  perhaps 
only  written,  B.C.  354)  in  vain  tried  to  introdnce 
a  better  principle.  He  would  have  allowed,  eo 
occasions,  a  body  of  twelve  to  join  in  the  office ; 
but  only  under  proper  restrictions  (dir  S^mm 
pp.  182,  183,  H  16-21).  Hyperides  (i^l  Har- 
pocrat.  ffvfiftiopia)  complained  that  five  or  six 
wealthy  men  used  to  join  in  a  trierarchy  (tbe- 
inscriptions  quoted  by  Boeckh  in  the  Set^ 
Orhmden  mention  three,  five,  six,  and  semm 
joint  trierarchs);  and  lastly  a  law  was  passed 
allowing  sixteen  persons  to  join  together  for  the 
purpose  (Dtm.  de  Cor.  pp.  260, 261,  Sf  102-105> 


TRIEBABCHIA 


TRIEBABGHIA 


891 


It  faaa  indeed  been  sappoeed,  and  is  posaible, 
that  this  was  the  rery  law  of  Periander;  yet 
we  can  hardly  think  that  the  Athenians  de- 
liberately contemplated  sixteen  trierarchs  to  a 
ahip  as  an  ordinary  arrangement;  and  the 
number  sixteen  does  not  specially  Ht  in  with 
symmories  of  sixty  persons  each,  and  was  pro- 
bably introduced  on  some  subsequent  occasion. 
Besides,  the  evidence  is  rather  that  the  evil  was 
an  increasing  one.  Demosthenes  (de  Cor,  1.  c.) 
describes  the  final  result  in  these  terms:  '*! 
saw  yonr  nary  going  to  ruin,  and  the  rich  earn- 
ing immunity  from  other  liturgies  on  the  score 
of  trifling  expenditure  in  this,  and  persons  of 
moderate  income  losing  their  property,  and  the 
city  missing  the  opportunities  of  action,"  &o. 

The  group  of  citizens  who  joined  in  maintain- 
ing a  single  trireme  was  called  ^vrr^At la,  and 
the  individual  contributors  (rvyrcXetf .  (2vrr^A«ia 
and  evfifiopla  are  perfectly  distinct  terms,  but 
the  members  of  a  ovrr^XcM  were  always  mem- 
bers of  the  s«me  trvfAfiopla,  If  the  arrangement 
proposed  in  Dem.  ds  Symm,  p.  183,  §  20,  had 
been  carried  out,  which  it  never  was,  a  ovy- 
TcXffca  wonld  have  been  a  fraction  of  a  ovfi/«op(a, 
and  the  words  of  Demosthenes  imply  that  it 
might  then  have  been  called  a  gmall  wftftoplaJ) 

Though  the  law  of  Periander  practically 
diminished  the  burdens  of  the  wealthy,  reasons 
have  been  given  above  for  thinking  that  it  did 
not  introduce  that  particular  alleviation  which 
is  indicated  in  Dem.  c.  Meid,  p.  564,  §  154; 
namely,  by  taking  away  the  duty  of  paying  the 
crews  from  the  trierarchs  and  putting  it  on  the 
state.  In  all  times  the  theory  was  probably  the 
same  on  this  point,— namely,  state  payment; 
but  in  practice  the  state  was  often  behindhand ; 
so  that  an  orator,  by  pressing  the  practice  on 
one  side,  and  the  theory  on  the  other,  might 
represent  the  matter  pretty  much  as  he  chose. 

IV.  At  last,  in  B.C.  340,  Demosthenes  was 
appointed  superintendent  of  the  navy  (^ivurrdrris 
rev  wauTucov)  and  carried  a  trenchant  reform, 
which  may  be  called  the  fawrth  form  of  the  trier' 
archy.  What  however  this  was,  we  do  not  exactly 
know ;  for  the  law  which  is  given  in  Dem.  de 
Cor.  p.  262,'§  106  (under  the  heading  Kar^oyos), 
is  no  longer  regarded  as  genuine,  and  the  refer- 
ences to  it  in  the  orators  are  not  quite  easy  to 
reconcile  with  each  other.  We  must,  however, 
conclude  from  Dem.  de  Cor,  p.  261,  §  104,  that 
it  did  to  a  certain  extent  restore  the  syntrier- 
archy.  Hyperides  (ap.  Harpocrat.  trv/i/iopia) 
describes  it  simply  in  this  way :  **  When  Demo- 
sthenes saw  this,  he  proposed  laws  that  the  300 
should  be  trierarchs,  and  the  trierarchies  have 
become  burdensome  "  (if6ftovs  fBtiKt  robs  rpuuco' 
irtovs  rpniptipx^^f  koI  /Sopeicu  ywydvcurtw  al 
rpitipapxiaO'  Aeschines  (c.  Ctesiph.  §  222)  tells 
us  that  the  e£fect  of  the  law  was  to  reduce  the 
number  of  ships  in  the  Athenian  navy  by  65 
(apparently  from  365  to  300) :  this,  of  course, 
is  the  representation  of  an  enemy.  If  300 
ships  were  needed  for  service,  and  two  trier- 
archs were  appointed  for  each,  there  would  be 
600  altogether,  which  is  not  consistent  with 
what  Hyperides  says.  But  we  must  conclude 
that  as  a  general  rule  (in  spite  of  Thucyd.  ii.  24) 
ships  not  actually  employed  in  service  had  no 
trierarchs;  and  we  have  no  mention  at  this 
period  of  Athenian  history  of  any  fleet  number- 
ing so  many  as  150  ships :  thus  the  statement 


of  Hyperides  may  be  practically  true,  or  very 
nearly  so.  Whatever  the  nature  of  the  law,  we 
have  reason  to  believe  that  its  effect  was  suc- 
cessful ;  not  perhaps  so  much  from  the  praises 
which  Demosthenes  bestows  on  it,  as  from  the 
failure  of  his  enemies  (Aeschines,  I.  c.)  and 
Deinarchns  (c.  Dem,  §  7)  to  say  any  real  harm 
of  it.  The  words  of  Demosthenes  (de  Cor,  p.  262) 
are,  however,  worth  referring  to :  he  telb  us 
that  during  the  whole  war  carried  on  after  the 
law  was  in  force,  no  trieraroh  implored  the  aid 
of  the  people  (fK§nipla$f  f^iee),  or  took  refuge 
in  the  temple  of  Artemis  at  Munychia,  or  was 
put  into  prison  bv  the  persons  whose  duty  it 
was  to  despatch  the  fleet  (ol  iMOffroKtis%  nor 
was  any  trireme  lost  at  sea,  or  lying  idle  in 
the  docks  for  want  of  stores  and  tackle,  as 
under  the  old  system^  when  the  service  (rb 
X«<rov/ryc<y)  fell  to  the  poor.  It  should  be 
observed  that  Demosthenes  (de  Cor,  p.  329» 
§  311)  ssys  that  Aeschines  was  bribed  by  the 
leaders  of  the  symmories  to  nullify  the  law  ; 
bnt  these  accusations  of  the  orators  against  each 
other  must  not  be  taken  too  seriously. 

V.  Oeneral  obtervatiome. — ^The  inconveniences 
to  which  a  trierarch  was  liable  in  case  of  ineffi* 
cient  performance  of  his  duties  will  be  seen  from 
the  last  paragraph;  but  a  reward  also  (ue,  a 
crown)  was  sometimes  given  to  the  most  effi- 
cient, as  appears  from  the  speech  on  the  Crown 
of  the  THffrarcAy.  The  trierarchs  were  vwtv- 
9vpoi  (Dem.  c.  Polyd,  p.  1222,  §  52),  or  liable 
to  give  an  account  of  the  public  property  en- 
trusted to  them,  and  the  public  money  which 
on  occasions  they  had  to  disburse  (Dem.  de  Cor. 
Trier,  p.  1231) :  though  Aeschines,  forgetful  of 
these  facts,  represents  them  as  rendering  account 
of  their  own  private  funds  (c.  Ctesiph,  §  9). 

Triremes  .were  assigned  by  lot  to  the  different 
trierarchs,  as  we  learn  from  the  epithet  dycv-i- 
kkhftnoi  attached  to  some  of  the  ships  in  the 
Athenian  navy  list  (see  Boeckh,  See^  Urkunden), 
The  sacred  triremes,  the  Paralns  and  the  Salamis,. 
had  special  treasurers  (Tamiaa)  appointed  to 
them  (Pollux,  viii.  116);  and  on  the  authority 
of  Ulpian  (ad  Dem.  c,  Meid,  p.  686)  it  has  been 
believed  that  the  state  acted  as  trierarch  for 
each  of  them ;  but  in  the  inscriptions  quoted  by 
Boeckh  no  difference  is  made  between  the  trier- 
archs of  the  Paralus  and  of  other  vessels  (8ee^ 
Urkunden,  p.  169).  Some  special  expenses  might 
no  doubt  be  paid  by  the  state  in  these  cases. 

The  expenses  of  the  trierarchy  seem  to  have 
varied  from  about  40  minae  (Dem.  c.  Meid. 
pp.  539,  540,  §§  77-80)  to  a  Ulent  (Dem.  c. 
Meid,  p.  564,  §  154).  A  syntrierarchy  would 
cost  half  this  sum.  Undoubtedly,  therefore,, 
the  assertion  of  Isaeus  (de  Dioaeog,  hered,  §  10> 
that  men  had  been  trierarchs  (or  syntrierarchs^ 
whose  property  was  not  more  than  80  minae, 
was  an  exaggeration.  Indeed,  as  a  property  of 
three  talents  was  the  minimum  which  rendered 
a  citisen  liable  to  the  performance  of  a  liturgy 
(Dem.  c.  Aph/ob,  833,  {  63 ;  Isaeus,  Pyrrh,  sub 
fin.),  it  is  absurd  to  suppose  that  the  trierarchy, 
the  most  burdensome  of  all,  would  be  under- 
taken for  a  less  sum.  (Indeed,  Boeckh  says,  '^  I 
am  aware  of  no  instance  of  liability  arising  from 
a  property  of  less  value  than  500  minae.") 

VI.  On  the  exemptione  from  the  Trierarchy, — 
By  an  ancient  law,  in  force  B.C.  355,  no  person, 
except  the  nine  archons,  oonld  claim  exemption 


892 


TBIERABCHIA 


TRIPOS 


from  the  trierarchy,  who  was  of  sufficient 
wealth  to  perform  it,  not  even  the  descendants 
of  Harmodius  and  Aristogeiton.  [From  Isaeus, 
de  Apcil,  herecL  §  67,  it  appears  that  in  the  time 
of  the  tingle  trierarchy  no  person  could  be  com- 
pelled to  serve  a  second  time  within  two  years 
after  a  former  serrice  (8vo  irri  SioXimiy).  The 
trierarchy  was  a  ground  of  exemption  from  the 
other  liturgies,  any  of  which  indeed  gave  an 
exemption  from  all  the  rest  during  the  year 
next  following  that  of  its  Mnrioe :  Dem.  c. 
LepHn.  pp.  459,  464,  §§  8,  24.] 

Tet  from  other  passages  it  appears  that  ex- 
emptions from  the  duty  of  the  trierarchy  were 
allowed  in  cases  of  which  the  above  law  takes 
no  cognisance.     Demosthenes  {de  Symm,  p.  182, 

L14)  tells  us  th^t  a  person  was  exempt  if 
^teros,  or  incapable  through  sudden  loss  of 
wealth ;  so  also  were  "  wards,  heiresses,  orphans, 
cleruchi,  and  partnerships  (^KOuwviKd).**  Of 
course,  an  heiress  could  only  claim  exemption 
while  unmarried.  Wards  were  free  from  all 
liturgies,  during  their  minority,  and  for  a  year 
after  their  Zoictfiwrla  (Lysias,  c.  Diogeit,  908). 
By  KKiipovxoi  are  meant  colonists,  who,  while 
absent  by  command  of  the  state,  could  not  per- 
form a  trierarchy.  The  meaning  of  partner- 
ships (jcoipmyuciL)  is  doubtful,  but  probably  it 
means  the  property  of  joint  tenants,  as  brothers 
or  coheirs,  which  had  not  yet  been  apportioned 
to  them  (Pollux,  viii.  184). 

yil.  On  the  legal  proceedings  ctmnect^  vsitk 
the  Drierarchy, — ^These  were  either  between 
individual  trierarchs,  or  between  trierarchs  and 
the  state,  and  therefore  in  the  form  of  a  Dia" 
dicasia.  They  generally  arose  from  a  trierarch 
not  deliverlDg  up  his  ship  and  her  rigging  in 
proper  order,  either  to  his  successor  or  to  the 
state.  If  he  alleged  that  the  loss  or  damage  of 
either  happened  from  a  storm,  he  was  said 
CK^oirOeu  Koerk  xiiiiAva  iewoXMhiimi.  Vessels 
or  furniture  on  which  a  trial  of  this  kind  had 
been  held,  were  said  to  be  SioSeSiirao'^^ya. 

The  presidency  of  the  courts  which  tried 
matters  of  this  sort  was  vested  in  the  strategi, 
and  sometimes  in  the  superintendents  of  the 
dockyard,  in  conjunction  with  the  kwoirroKtii. 
The  senate  also  appears  to  have  had  a  judicial 
power  in  these  matters  :  eg,  we  meet  in  various 
inscriptions  with  the  phrase  oTSe  r&v  rpiripdp- 
XBiVy  w  &iv\»ff€V  ^  iSovX^  r^v  rpi-iifni.  Boeckh 
conjectures  that  the  trierarchs  of  whom  this  is 
said  had  returned  their  ships  in  such  a  condi- 
tion that  the  state  might  have  called  upon  them 
to  put  them  in  thorough  repair,  or  to  rebuild 
them,  at  a  cost  for  an  ordinary  trireme  of  5,000 
drachmae.  Supposing  that  they  were  not  re- 
leased from  this  liability  by  any  decree  of  a 
court  of  justice,  and  that  the  rebuilding  was 
not  completed,  he  conceives  that  it  must  have 
been  competent  (in  a  clear  and  flagrant  case) 
for  the  senate  to  have  inflicted  upon  them  the 
penalty  of  twice  5,000  drachmae,  the  techntctil 
phrase  for  which  was  **  doubling  the  trireme  " 
ISee-Urkunden,  p.  228). 

The  phrase  &iJioKAyri<rt¥  rpiiipn  koiv^ip  &«-o- 
t^fffipf  which  occurs  in  inscriptions,  does  not 
apply  to  an  undertaking  for  giving  a  new 
trireme,  but  merely  for  putting  one  in  a  com- 
plete state  of  repair. 

The  phrase  ^o/yciy  irKototf  (Dem.  c.  Lacrit, 
p.  941,  §  51),  to  lay  an  information  against  a 


vessel,  is  used  not  of  a  public  ship,  but  of  a 
private  vessel,  engaged  perhaps  in  smuggling  or 
privateering.     [PuasolJ 

The  articles  Leitixboia  and  SrmfORiA  con- 
tain numerous  references  to  the  subject  of  thia 
article. 

(Cf.  Boeckh's  StaaiOauahalimg  d,  Athener 
and  See-  Urkunden ;  Hermann's  Qriech.  Antiq, ; 
Gilbert's  Griech,  Staatealt;  and  Kennedy's 
translation  of  the  orations  of  Demosthenes, 
Appendix.)  [R.  W.]    [J.  R,  M.] 

TRIKROPOEI  (rpni/MnroioO,  a  board  at 
Athens,  reckoned  among  the  directors  of  public 
works  (irurrdreu  rwp  9ii/ioaim¥  ^py^f^  cf.  £pi- 
8TATEB),  and  having  a  treasurer  (rofdas)  of 
their  own.  Their  principal  duty  was  to  pro- 
vide for  the  building  of  a  certain  number  pro- 
bably twenty,  cf.  Diod.  xi.  43)  of  new  triremes 
every  year.  The  name  appears  to  occur  only 
in  Dem.  c.  Androi,  p.  598,  §  17 ;  but  they  are 
clearly  referred  to  in  Aeschin.  c.  Ctes,  §  30.  In 
the  latter  passage  we  are  told  that  they  were 
neither  an  kpx^  xAirporr^  nor  x**P^^^'''f^  ^^ 
belonged  to  those  ets  al  ^vXol  mil  al  Tperr^s 
iced  i^  9^ftoi  i^  iavrmp  eipevrrai  rh  hi^puivtm 
Xff^fuvra  BiaxfipiC^a^ '•  ^^^  >^  ^  clear  from  De- 
mosthenes that  the  senate  was  in  some  way 
responsible  for  their  conduct,  a  fact  which  is 
nowhere  stated  of  the  rcixovoiol  or  other 
similar  bodies.  Combining  the  two  accounts, 
it  seems  likely  that  they  were  appointed  by  the 
senate,  one  for  each  tribe,  either  as  a  committee 
of  the  Bouleutae  themselves  or  as  a  subordinate 
body,  and  that  they  either  chose  their  own  trea- 
surer or  had  one  chosen  for  them  by  the  senate, 
whose  responsibility  for  its  delegated  authority 
was  thus  maintained.  (Cf.  Boeckh,  P.  E,  p.  249 
=  Sthh*  i.  316  ;  Seeurk,  p.  59 ;  K.  F.  Hermann, 
Staatealterth,  §§  126,  161.)  [W.  W.] 

TRIGLYPUUS  (rplyKv^s,  or  -or)  is  the 
name  given  to  one  of  the  alternating  memben 
of  the  frieze  of  the  Doric  order,  the  other  being 
called  Metopae.  The  triglyph  is  divided  by 
two  vertical  cuts  (caiuUiculi)  into  three  bars 
(jifipoU  femina) ;  hence  its  name.  It  also  has  a 
semi-canaliculus  at  each  side.  The  canalicoli 
have  in  early  specimens  a  curred  or  ogier  ter- 
mination; later  they  are  included  by  straight 
lines.  Properly  there  should  be  one  triglyph 
over  each  column,  and  one  over  each  inter- 
oolumniura  in  the  Doric  order;  at  the  comers 
this  amngement  is  slightly  modified,  so  that 
the  triglyph  may  adjoin  the  corner  of  the  build- 
ing. The  triglyph  seems  always  to  have  been 
painted  blue.  Triglyphs  are  supposed  to  have 
originated  from  an  imitation  of  the  visible  ends 
of  projecting  beams  in  a  wooden  structure 
(Vitruv.  iv.  2,  4).  [E.  A.  G.] 

TRIPOS  (rplfe€vs%  a  tripod,  i.e.  any  utensil 
or  article  of  furniture  supported  on  three  ieet. 
More  especially — 

I.  A  tripod  to  receive  the  K40fit  or  caldron 
for  boiling  meat,  &c.  [Lebe&]  Such  a  tripod 
was  called  ifanfptfi4fTris  (Athen.  ii.  p.  37  f;  cf. 
Horn.  II.  xxiii.  702  ;  Soph.  Aj.  1405) :  the  scene 
from  the  story  of  Medea,  painted  on  the  vase 
which  is  shown  in  the  cut  under  Chttra, 
Vol.  I.  p.  426,  illustrates  this  use.  The  bronze 
caldron,  however,  and  its  stand  were  often  made 
in  one  piece,  and  then  the  whole  boiling  appa- 
ratus was  called  rpbrovs  (Hom.  77.  zviiL  344; 
Od.  viii.  434),  but  also  X^^ifs  rpfrsof  (Aesch. 


TRIPOS 

Fr.  1).  Tripod*  vera  also  nicd  *i  lUndi  for 
roiiing-bowls  with  raDnded  bottomi  (Athm.  It. 
p.  143  ;  PSrCTER),  imd  then  wsra  called  iniMi 
Tpfniii.  For  theiF  uh  u  priiu  in  gunei,  cf. 
LebiS  (BliimneT,  PrivatalUrth.  16S;  Id.  In 
Binninilcr,  DaiJiia.  p.  462). 

IL  A  broDie  altu,  But  difftiiag  probiblr  in 
it«  original  farm  from  the  tall  tripod  caldron 
alread;  druribed.  la  thii  farm,  but  with  addi- 
tional ornament,  w<  *ee  it  in  tlia  annsiod  wood- 
cut, which  nprcKnti  a  tripod  found  at  Frdjiu 


-<^'^^^-. 


Tripod  ftim  Fr^nt. 


Ddphlc  Tilpod. 


(Spon,  ifiV.  Eryid.  Ant.  p.  118).  That  tbia  wu 
intended  to  bo  uied  in  aacrific*  maj  ba  inrerrsd 
from  the  bnll'a  head  with  a  til  let  tied  roand  the 
bama,  which  we  lee  at  the  top  of  each  leg. 

Ali  the  moit  ancient  npreieatations  of  the 
■acrificial  tripod  eihibit  it  of  the  uma  general 
ihape,  together  with  three  ringa  at  the  top  to 
•erre  aa  handlei  (oCotii,  Horn.  //.  iTiii.  3TB). 
Since  it  hai  thii  form  on  alt  the  coini  and  othei 
ancient  remaina  which  hare  any  reference  to  thi 
Delphic  orscla,  it  haa  been  with  aufGcient  reawii; 
concluded  that  the  tripod  from  which  the  Pythfai 
prieiteia  gare  reiponiet  wai  of  thia  kind.  Th< 
right-hand  fignre  in  the  aboTe  woodcut  ii  copied 
from  one  pobliahed  by  K.  0.  MiilUr  (Baitiger'i 
Aynaltlua,  i.  p.  119),  Tounded  npon  namtroni 
ancient  aathoritiei,  and  deaigned  to  show  the 
appearance  of  the  omcolar  tripod  at  Delphi. 
Beiidei  the  parti  already  mentioned,  vii.  the 
three  legt,  the  three  handlei,  and  the  reaiel  or 
caldron  (Ki^i),  it  ahowe  a  Sat,  round  plate, 
called  SAfiai  [CobtiNa],  on  which  the  Pythii 
aeated  henelf  in  order  to  give  reiponaea,  and  oi 
which  lay  a  laarel  wreath  at  other  timei. 

The  celebrity  of  thii  tripod  produced  insn 
merable  imitation!  of  it  (Diod.  ivi.  26),  called 
"Delphic  tripod)"  (Athen.  *.  p.  199).  They 
were  made  to  be  uaed  in  lacrilice,  and  itill  more 
frequently  to  be  preiented  to  the  treaaury 
both  in  that  and  in  many  other  Greek  templet 
(Athen.  vl.  pp.  231  f-232  d  ;  Pana.  n.  32,  %  1). 
fDORAKiA.]  Tripodi  were  chleSj  dedicat  ' 
Apollo  (Pani.  iii.  18,  §5);  to  the  Moh 
connected  with  Apollo  (Hh.  Op.  658),  ai 
Heraclei.  In  thia  conneiion  we  may  note  the 
myth  of  the  rape  of  the  tripod  by  Htradei  and 
iti  ncoTery  by  Apollo  (Pan*,  iil.  SI,  T  ;  1. 13, 4), 
which  often  formi  the  anhject  of  indent  wo: ' 
of  art  (cf.  Baumeiiter,  DtiJtm.  p.  463).  1 
woodcnt  in  VoL  I.  p.  158  ahowa  the  tripod  „ 
>a  nttribnt«  of  Apollo.    In  conformity  with  the 


TKITTTA  893 

ideal  it  wai  giren  a*  ■  priie  to  the  con- 
ira  at  the  Pylbian  and  other  gamea,  which 
celebrated  in  honour  of  Apollo  (Herod,  i. 
At  Athena  the  lueeeaarDl  Choragui  re- 
eeired  a  bronze  tripod  aa  a  piiie.  The  choiigic 
monumenU  of  Thraijllna  and  Ly^icralei,  the 
ornamental  fragment!  of  which  are  now  in  the 
Britiah  Huaenm,  were  erected  by  them  to  pre- 
lerre  and  diiplay  the  tripodi  awarded  to  them 
on  Buch  occasions.  For  the  tripod  ai  the  emblem 
of  the  XTTir,  lee  Vol.  L  p.  601. 

A  tripod,  Karcaly  leu  remarkable  than  thai 
from  which  the  Pythia  delivered  oraclea,  and 
couiecrated  to  Apollo  in  the  aame  temple  at 
Delphi,  waa  that  made  linm  the  ipoili  sf  the 
Peraian  anny  after  the  battle  of  Platata.  It 
conaiitad  of  a  golden  bowl,  aopported  by  a  three- 
headed  bronie  lerpent  (Herod,  ii.  61;  Thneyd. 
i.  132 ;  Schol.  in  k>c. ;  Pana.  i.  13,  §  5).  The 
golden  bowl  having  been  remoTed,  the  bronze 
■erpent,  about  15  feet  high,  wai  taken  to  Con- 
atantinople,  and  ii  itill  to  bt  aeen  in  the  Hippo- 
drome. The  fint  iignie  in  the  annexed  wood- 
cut ia  copied  from  Wheler*!  engraving  of  it 
(Jaimey  into  Oreeoe,  p.  185). 


f^om  DelphL 


The  Die  of  bronze  tripoda,  whether  for  domestic 
Dae  or  to  aerre  aa  altara,  evidently  aroae  in  a 
great  degree  tram  their  mitablenen  to  be  re- 
moved from  place  to  place.  To  accommodalc 
them  aa  much  ai  poaiible  to  thia  purpoK,  they 
are  nmetimea  made  to  fold  together  into  a  small 
compau,  by  a  contrivance  which  may  be  under- 
■tood  from  an  inipection  of  the  preceding  wood- 
cnt. The  right-hand  Rgore  above  rcpreaenta  a 
tripod  brazier  in  the  Britiah  MuieuRi.  A  pat«ra 
or  a  plain  metallic  diah  waa  laid  on  the  top,  when 
there  waa  occaaion  to  offer  invenie,  or  a  grating, 
when  a  veitel  to  be  heated  or  kept  hot  wai  plac«l 
there.  Knoj  of  these  movable  folding  tripods 
may  be  aeen  in  mtuenmi,  proving  how  common 
they  were  among  the  Romani. 

III.  For  the  three-legged  table  bearing  thia 
name,  ue  MsKU.  [J.  V.]    [O.  E.  M.] 

TRIPC'DIUM.    [AiMTO,  Vol.  1.  p.  250  6.] 
TEmE-MIS.    [NiTn.] 
TEITAO0NISTE&    [Hibtbio.] 
TBI'TTYA  (TpiTvia).    [SnoVBTADBiUA.'l 


894 


TRitTYS 


TBITTYS  (rptrr6i).    [Tribus.] 

TRIUMPHUS  is  probably  derived  from 
the  shout  iriumphe  (connected  irith  Bpitt^tfios) 
uttered  by  the  soldiers  and'  populace  daring  the 
procession  (Yarro,  L,  L.  vi.  68,  also  occurring 
in  the  chant  of  the  Anral  Brothers),  but  possibly 
an  early  transliteration  from  9piaf/tfios  itself.  (Seie 
further  Wordsworth,  fragments  and  Spedinena 
cf  Early  Latin,  p.  394.) 

The  triumph  was  no  doubt  originally  simply 
the  return  of  the  yictorions  army  headed  by  its 
general,  his  tirst  act  being  naturally  the  offering 
of  sacrifice  to  the  chief  ^>d  of  the  dty.  A  pro- 
minent feature  in  such  an  entry  would  be  the 
display  of  capti?e8  and  spoil.  Here  we  have  the 
essence  of  a  triumph.  (Varro,  /.  c. :  "  Trinm- 
phare  appellatum  quod  cum  imperatore  milites 
redeuntes  clamitant  per  urbem  in  Gapitolium 
ounti  lo  triumphe.'*  An  early  triumph  of  this 
kind  is  described  in  Uv.  iii.  29,  4.)  It  would 
take  place,  as  a  matter  of  course,  after  every 
successful  campaign.  After  the  ceremony  had 
been  elaborated  And  its  importance  thereby  in- 
creased, there  wonid  naturally  be  a  tendency, 
coincident  with  the-  weakening  of  the  executive, 
to  restrict  it  to  exceptional  successes,  and  gra- 
dually a  body  of  rules  grew  up  by  which  the 
granting  of  what  had  Income  a  coveted  favour 
was  conditioned  and  limited.  Above  all,  the 
consent  of  the  senate  became  indispensable. 

The  triumph  had  two  aspects,  religious  and 
military.  1.  Before  a  general  left  Rome  for  the 
seat  of  war,  his  last  act  was  to  go  to  the  Capitol, 
and  there  (if  a  magistrate)  procure  the  auspices, 
without  which  the  war  could  not  properly  be  be- 
gun, and  in  every  case  make  vows  for  the  success 
of  his  arms  (Liv.  xlv.  39,  &c. ;  Caes.  B.  (7.  i.  6 ; 
Plin.  Fan,  5).  If  the  campaign  was  successful, 
and  a  triumph  was  granted/  him,  this  took  the 
form  of  a  progress  to  the  Capitol,  there  to  pay 
his  vows  and  offer  sacrifice  to  Jupiter.  This 
religious  character  of  the  triumph  was  em- 
phasised by  the  fact  that  the  general  appeared 
in  the  procession  in  the  character  of  the  god. 
His  dress  was  the  same,  and  it  was  the  property 
of  the  temple,  and  brought  thence  for  the  occa- 
sion. (Hence  it  is  spoken  of  as  exuviae  Jovi$ : 
Suet.  Aug,  94;  cf.  Juv.  x.  38;  Liv.  x.  7,  10. 
Gordian  was  the  first  who  had  the  costume  as 
his  own :  Vita  Qord,  4 ;  cf.  Vita  AUx.  Sev,  40.) 
So,  too,  the  golden  crown  (TertuU.  de  Ooron,  13) 
and  the  sceptre  with  its  eaele  belonged  to  the 
god ;  the  body  of  the  general  was,  in  early  times 
at  least,  painted  red  like  that  of  the  image  in 
the  temple  (Plin.  ff.N.  xxxiii.  §  111);  and  the 
white  chariot  horsel  used  by  the  emperors,  and 
earlier  by  Camillus,frecalled  the  white  steeds  of 
Jupiter  and  the  Sun  (Liv.  v.  23,  5,  and  e.  m/.). 
As  to  the  importance  of  this  identification  of  the 
priest  (such  as  the  triumphator  was  on  this 
occasion)  with  the  deity,  see  Sacebdos.    . 

2.  The  triumph  was  also  a  military  act,  the 
last  performed  by  the  general  in  his  command, 
and  therefore  it  was  essential  that  he  should 
during  its  performance  be  in  full  possession  of 
the  military  imperium ;  this  being  inherent  in 
the  office  of  the  chief  magistrates  (consul,  praetor, 
dictator).  Although  ordinarily  in  abeyance 
within  the  city,  such  magistrates,  if  they  ob- 
tained a  triumph  daring  their  term  of  office, 
were  already  in  possession  of  the  essential  quali- 
fication, and  were  consequently  enabled  (with 


TRIUMPHUS 

the  pl'eviooa>;sanction  of  the  senate)  to  exercise 
their  militaty  imperium  on  that  occasion  within 
the  dty. ''(For  difficulties  connected  with  the 
loss  of  the  akspida  in  certain  cases,  see  Momin- 
sen,  Staaisrfcht,  i.  124,  note  5.)  So  long  as 
the  command  of  the  army  was  regularly  taken 
by  one  of  the  chief  magistrates  during  his  year 
of  office,  the  right  to  a  triumph  belonged  to 
this  class  exclusively  (in  an  exceptional  esse 
like  that  of  Q.  Publilins  Philo,  consul  in  B.a  327, 
where  the  command  was  prolonged  beyond  the 
regular  term,  the  right  was  not  lost :  liv.  viii. 
26,  7);  and  hence,  when  during  the  Secmd 
Punic  War  it  became  necessary  to  appoint  com- 
manders who  were  not  at  the  same  time  holders 
of  one  of  the  regular  chief  magutraciea,  the 
triumph  was  in  such  cases  refused  {e,g,  P.  Scipio 
in  B.a  206,  Liv.  xxviu.  38,  4;  L.  Manilas 
Acidinus  in  B.a  199,  Liv.  xxxii.  7,  4;  On. 
Cornelius  Blasio  in  B.a  196,  Liv.  xxxiii.  27; 
and  L  Lentulus  in  B.G.  200,  Liv.  zxxL  20,  3, 
^  exemplum  a  majoribus  non  acoepi«e  nt  qui 
Deque  dictator  neque  consul  neque  praetor  res 
gessisset  triumpharet."  The  rule  is  also  stated 
in  Plut.  Pomp,  14,  ^vtfry  ^  ffv^omryv  M^T 
{Bpie^ifiow]  Zitmvw  6  r^fiof).  Later,  when  it 
became  the  practice  (finally  legalised  by  Sulla) 
that  the  command  of  an  army  in  a  province 
should  only  be  taken  after  the  expiration  of  the 
year  of  office  in  Rome,  it  was  found  necessary 
to  relax  the  rule,  for  the  practical  reason  that, 
since  none  of  the  regular  magistrates  had  the 
chance  of  gaining  a  victory,  no  triumpha  what- 
ever could  have  been  granted.  Acoordin^y,  for 
the  later  period  of  the  Republic,  the  triumphs 
celebrated  are  ordinarily  those  of  prooottsnla  and 
propraetors.  The  &ct  that  such  had  already  held 
one  of  the  chief  magistracies  in  the  dty  no  doubt 
facilitated  the  modification  of  the  old  mie ;  but 
even  where  this  had  not  been  so,  as  in  the  ex- 
ceptional case  of  Pompey  in  B.C.  81  and  71,  the 
triumph  was  not  refused.  The  imperium  in  the 
case  of  proconsuls  and  propraetors  being  granted 
(by  prorogatio)  strictly  for  the  command  in  the 
province  only,  in  order  to  facilitate  the  triumph 
Sulla  legalised  the  practice  of  treating  the  im- 
perium as  subsisting  until  the  genenl  reached 
the  city  (Cic  ad  Ptim.  L  9,  25 :  cf.  Liv.  xxxiv.  10 ; 
Mommsen,  Staaisrecht^  L  619,  notes  1  and  2). 
Such  extension,  however,  only  availed  up  to  the 
pomeriom,  and  special  legislation  (^privUegwm) 
was  necessary  to  keep  the  imperium  alive  within 
the  city  on  the  day  of  the  triumph  (voted  by 
the  people  ex  auctcritate  tenatnty  Lir.  xxvi.  21, 
cf.  xU.  35).  Until  this  had  been  passed  the 
general  remained  without  the  walls,  for  if  he 
had  entered  the  city  the  continuity  of  his  im- 
perium would  have  been  lost,  and  he  would 
have  become  a  prioahu,  and  thereby  excluded 
ftom  a  triumph.  (Hence  LucuIIns  remained 
without  the  city  for  three  years :  Cic  Aoad,  pr, 
ii.  1,  3 :  cf.  the  case  of  Cicero  in  B.a  50,  ad  Att, 
vii.  10.) 

After  an  important  victory  the  general  was 
sainted  by  his  troops  as  Imperator  (a  frequent 
but  not  universal  preliminary  to  a  triumph: 
Mommsen,  Staatsr.  i.  123);  he  assumed  the 
fa9C98  laweati  (Cic.  pro  Lig,  3,  7,  ad  Att,  vii. 
10),  and  forwarded  to  the  senate  littentt  lammtae 
(Liv.  V.  28, 13 ;  Plin.  ff.  N,  xv.  §  40 ;  Zoo.  vii.  21 ; 
cf.  Tac  Agr,  18X  t>.  a  despatch  announcing  the 
victory.    If  the  intelligence  proved  satis&ctory. 


TBIUMPHU8 

the  senate  decreed  a  public  IhanksgiTing  [Sup- 
PLiGA,Tio\  which  wu  80  frequently  the  fore- 
mnner  of  a  triumph,  that  Cato  thinks  it  neces- 
sary to  remind  Cicero  that  it  was  not  invariably 
so  (Cic  ad  Fam,  zy.  5,  2).  After  the  return  of 
the  general  with  hb  army  to  the  neighbourhood 
of  Rome,  the  next  point  was  to  obtain  the  con- 
sent of  the  senate,  but  before  this  could  be  given 
certain  conditions  must  have  been  fulfilled. 

1.  The  triumphator  must  be  to  the  end  of  the 
ceremony  in  possession  of  the  highest  magisterial 
power — ktf.  the  imperinm  as  belonging  to  the 
consul,  praetor,  dictator,  proconsul,  and  pro- 
praetor ;  and  this  imperinm  must  have  been  con- 
ferred in  regular  constitutional  course  (the  ^i- 
huni  oonsulari  imperio  were  therefore  excluded 
from  a  triumph ;  it  was  otherwise  with  the 
triumvirs,  Mommsen,  Staatar,  i.  126  c).  This 
point  has  been  already  discussed,  but  some  of 
its  exceptions  and  consequences  remain  to  be 
mentioned.  When  a  pro-magistrate  was  elected 
consul  during  his  command,  his  triumph  took 
place  on  the.  day  on  which  he  entered  on  his 
magistracy  (e^.  Marius  in  B.a  104:  Momm- 
sen,  StaaUr,  i.  124,  note  4).  The  imperium 
outside  Borne  being  unlimited,  and  therefore 
only  exercisable  by  one  person  in  the  same  dis- 
trict and  at  the  same  time,  if  there  were  two 
commanders  only  one  triumph  could  be  granted, 
and  it  was  therefore  given  either  to  the  one  of 
highest  rank  {e,g,  a  dictator  before  a  consul,  a 
consul  before  a  praetor :  Liv.  ii.  31,  iv.  2d,  4 ; 
Ep,  ziz.),  or,  in  the  case  of  two  consuls,  to 
the  one  to  whose  turn  the  imperium  and  aus- 
picium  came  on  the  day  of  battle  («.</.  the  battle 
of  the  Metaurus:  Liv.  zxviii.  9,  10).  So  a 
triumph  could  not  be  claimed  by  a  commander 
who  had  won  a  victory  in  the  district  assigned 
for  the  exercise  of  another's  imperium  (Liv.  /.  c. 
The  battle  of  the  Metaurus  was  fought  in  the 
prooimsia  of  M.  Livius :  cf.  Liv.  z.  37,  xxxiv.  10). 
Exceptions  to  these  rules  occur  after  the  First 
Punic  War,  and  the  lesser  triumph  (pvatio)  was 
generally  granted  if  the  greater  honour  was  re- 
fused. On  the  same  principle  one  who  com- 
manded alitnis  avupidis^  i.e.  as  the  representa- 
tive of  an  absent  general  or  the  suboidinate  of 
one  who  was  present,  was  excluded  from  a 
triumph  (Dio  Cass,  xliii.  42).  This  rule  was 
broken  by  Caesar  towards  the  end  of  his  life  in 
the  case  of  his  legati  (Dio  Cass.  /.  c,  Q.  Fabius 
Haximus  and  Q.  Pedius :  cf.  Mommsen,  StaaU' 
rechty  i.  127,  note  3).  This  example  was  fol- 
lowed under  the  triumvirate  (e^»  P.  Yentidius, 
legatus  of  Antony:  Dio  Cass,  xlviii.  41,  5). 
Lastly,  in  spite  of  the  rule  laid  down  by  Cicero 
(de  Leg.  Agr,  ii.  12,  30),  about  the  necessity-  of 
a  Us  curiata  for  the  military  imperium,  there 
is  an  instance  towards  the  end  of  the  Republic 
of  a  triumph  obtained  by  one  who  had  never  had 
the  imperinm  so  conferred  (Cic.  ad  Att.  iv.  16, 
12 ;  a  L  L,  I  p.  460,  xxvii.). 

2.  The  victory  must  have  been  won  in  a 
legitimate  contest  against  public  foes  (jtutia 
hostUUnuque  beliity  Cic  pro  Deiot  5, 13),  and  not 
in  a  dr'i  war  or  insurrection  of  slaves  (Val. 
Max.  ii.  8,  7;  Dio  Cass.  zliu.  42;  Florus,  iL 
10,  9 ;  Lucan,  i.  12 ;  Gell.  v.  6,  21 ;  Plut.  Goes. 
56).  Hence  there  was  no  triumph  after  the 
capture  of  Capua  in  B.C.  211,  or  of  Fregellae  in 
125,  though  the  former  had  not  the  full  citixen- 
ship,  and  the  latter  was  only  a  Latin  colony. 


TBIUMPHUS 


895 


(The  reason  given  in  Val.  Max.  /.  c,  that  Capua 
had  belonged  to  Rome  and  that  a  triumph 
was  only  granted  pro  aucto  imperio,  is  wrong : 
Mommsen,  Staatsr.  i.  p.  129,  note  3.)  Caesar's 
triumphs  after  Thapsus  and  Munda,  and  Octa- 
vian's  after  Actium,  do  not  violate  this  rule,  for 
in  each  case  the  victory  was  represented  as 
having  been  won  over  foreigners ;  while,  on  the 
other  hand,  Caesar  celebrated  no  triumph  for 
Pharsalia.  The  feeling  appears  as  late  as 
Septimius  Severus  (Herodian,  iiL  9,  1). 

3.  The  victory  must  have  been  won  in  the 
course  of  serious  fighting  (Gell.  v.  6,  21); 
and  according  to  Valerius  Maximus  (ii.  8,  1), 
a  law  enacted  that  a  minimum  loss  of  5,000 
men  must  have  been  inflicted  on  the  enemy  in  a 
single  battle.  (By  a  plebiscitum  of  B.C.  62  the 
general  had  to  affirm  his  returns  on  oath,  and 
penalties  were  fixed  for  falsification.)  This 
rule  is  obviously  of  recent  date,  and  even  later 
there  are  many  instances  of  triumphs  granted 
for  general  results  (in  the  case  of  P.  Cornelius 
and  M.  Baebius,  liv.  xl.  38,  there  had  been  no 
war.  Cf.  viii.  26,  7 ;  xxxvii.  46 ;— Cic  m  Fie. 
26,  62). 

4.  The  war  must  have  been  brought  to  a 
conclusion  (debellatum),  so  that  the  army  could 
be  withdrawn  (deportatio  exerciius),  the  presence 
of  the  victorious  soldiers  being  an  essenUal  part 
of  the  ceremony  (Liv.  xxvi.  21;  zxzL  49). 
Originally,  therefore,  the  fact  of  handing  over 
an  army  at  the  seat  of  war  to  a  successor  ex- 
cluded from  a  triumph.  Later,  when  circum- 
stances compelled  the  maintenance  of  permanent 
armies  at  a  great  distance  from  Italy,  the 
condition  as  to  deportatio  was  dispensed  with, 
provided  that  the  war  had  been  brought  to  a 
conclusion  (Liv.  zxxix^  29,  4). 

^  Decisive  victories  in  a  war  of  great  extent  or 
duration  could  be  rewarded  by  a  triumph,  t>. 
they  were  treated  as  the  conclusion  of  separate 
wars :  e.g.  in  the  Uannibalic  war  the  battle  of 
the  Metaurus  and  the  capture  of  Tarentum.  The 
claims  for  triumphs  after  the  conquest  of  Sicily 
and  Spain  in  the  same  war  were  only  rejected  on 
other  grounds  (cf.  Tac.  Ann.  i.  55 ;  ii.  41). 
L  Granting  that  a  chief  magistrate  had  an 
absolute  right  to  exercise  his  full  imperium 
within  the  city  on  the  day  of  his  triumph,  the 
existence  of  this  body  of  rules  implies  the 
recognition  of  some  authority,  other  than  the 
general  himself,  which  should  decide  on  their 
applicability.  As  a  matter  of  fact  we  find  that 
from  the  earliest  times  the  senate  was  so 
recognised  (Uv.  ii.  47,  10;  iii  29,  4;  63,  9: 
cf.  Polyb.  vi.  13 ;  Sen.  de  Ben.  v.  15)  that  iU 
decision  was  regularly  treated  as  final  (e.g,  Liv. 
z.  36, 19 ;  Dionys.  ix.  26),  and  only  exceptionally 
set  aside  by  an  appeal  to  the  people  (Liv.  iii.  63, 
8 ;  vii.  17,  9 ;— Zon.  viii.  20),  or  by  violence 
leases  of  L.  Poetumius  Megellus,  Liv.  z.  37  ;  and 
Appius  Claudius,  Cic.  pro  Gael.  14,  34 ;  Suet. 
2V6.  2).  We  know  of  no  case  in  which  the 
senate  was  not  first  applied  to.  The  point,  no 
doubt,  at  which  that  body  made  its  authoritv 
felt  was  the  senatusconsultum,  without  which 
there  could  be  no  grant  of  public  money  for 
the  expenses  of  the  triumph  (Polyb.  vi.  15,  8 ; 
Liv.  xxxiH.  23,  8 :  cf.  Dio  Cass.  Izziv.  2).  In 
the  case  of  pro-magistrates,  whose  imperium 
rested  on  prorogation  the  consent  of  the  senate 
WAS  followed  by  the  privilegium  allowing  the 


896  TfilUMPHUS 

retention  of  the  impFriom  within  the  eilj  fo 
the  trionpli  (lee  aboTe).    It  is  probably  llom 
confnaion  with  tbia  that  it  ii  lometiniei  uid 
that  the  conxnt  of  the  Hiute  tooit  be  ratijied 


Tol.  ii.  p.  672,  note  2.  /^Bnl  th. 
of  the  co-operatioD  of  the  people  in  lir.  ir.  20, 
af  ac  437  (cf.  Dion;!,  iii.  59),  perbapi  poiata 
to  the  eiiitence  of  a  different  itate  of  ihingt  in 
earl;  tlmei.  The  lenate  met  for  tbete  de- 
Ubeiationi  ontiide  the  walls,  usually  in  the 
temple  of  Bellooa  (Ut.  iiTi.  Ul,  iiiTi.  3S) 
or  Apollo  (LiT.  mil.  4),  in  order  that  the 
general  might  have  an  omnrtaaitj  of  urging 
hii  claim!  in  person.  After  the  erection  of 
the  temple  of  Uai*  DItor  bj  Augnttoa  in  1 
fomm,  at  least  the  final  sitting  was  held  th< 
(Suet.  Aug.  29). 

When  the  dsj  appointed  had  arriTed,  the 
srhole  population  ponrad  forth  from  their 
abodes  in  bolidajr  attire;  some  ttstioned  them- 
selrea  on  the  steps  of  public  buildings,  while 
others  mounted  scaffoldings  erected  for  the 
purpose  of  commanding  a  view  of  the  show, 
ilie  templet  were  nil  thrown  open,  garlands  of 
flowers  decorated  ererj  ibrtne  and  image,  and 
incense  smoked  on  erery  altar  (Plut.  Aem.  Paul. 
32',Ot.  7W(1.  ir.  2,  4).  Meanwhile  the  general, 
who  had  passed  the  oight  in  the  Campus  Martini 
(Joseph,  it.  J.  TiL  b,  4),  addresaed  his  soldiers 
in  a  oontiio,  and  announced  the  rewards  that 
were  to  be  distributed  to  the  officers  and  men 
(Ut,  I.  30,  48 ;  iii,  45,  3 ;  iniii.  23,  4c. ; 
Plin.  ff.  ir.  uivii.  §  IS  ;  JMo  Csss.  xliii.  21). 

The  procession  was  then  marahallod  in  the 
Campni,  where  it  was  met  bf  the  senate  and 
magistrates  (Jonphus,  '.  c).  Genenll;  the 
following  order  was  preaerred,  but  natnnlly 
there  were  variations  under  apedsl  circumstances 
(a  good  instance  of  auch  ia  the  triumph  of 
Aurelian,  described  in  Vita  Aurel.  33). 

1.  The  magistrates  and  senate  (Dio  Cass.  Ii. 
31,  »). 

a.  Trumpeters  {tubidaes:  Plut.  Aem.  PouJ. 
33;  Appian,  Pim.  66). 

3.  The  taugible  results  of  the  victory,  io- 
cJuding  spoils  of  armour,  objects  mntenallj  or 
artistically  valuable,  representations  of  conqnertd 
coontries,  cities,  rirers,  Ac.,  bj  means  of  pictures, 
models,  and  allegorical  tiguies  (Lir.  iiri.  21,  7  ; 
Cic  Phil.  Till.  6,  18;  Tac  Ann.  ii.  41  ;  Plin. 
if.  N.  T.  S  5.  In  one  of  the  inner  reliefs  on  the 
At«h    of  Titua    nil    the    bearers  of   these    are 

with  boards  on  which  were  psinled  the  nsmea 
of  the  Tanquished  nations  and  countries.  With 
these  were  displajed  the  golden  crowns  presented 
to  the  general  by  the  towns  of  the  conquered 
province  (Ut.  iiti.  21,  iiiir.  52;  Plot.  Jem. 
Pouf.  34.  In  earlier  times  they  were  of  laurel ; 
Gell.  T.  6,  7). 

4.  The  while  oien  destined  fur  sacrifice,  with 
gilded  boms,  decorated  with  vitiae  and  aertOj 
attended  by  the  priests  with  their  Implements, 
and  followed  by  the  Camilll,  bearing  in  their 
hands  pattrat  and  other  sacred  Tetsels  nnd 
iutramenta  (Plut.  Aem.  Paul.  33). 

5.  The  principal  captiTcs  in  chsina  (e.g. 
Perseus,  Jagurtha,  Vercingetorli,  Zenobia.  The 
dead  Cleopatra  was  represented  by  an  imnge: 
Dio  Casi.  '*  "■    "■ 


TBIUHPHU8 

6.  The  lictors  of  the  general  in  red  tnnio, 
their  fasces  wreathed  with  laurel  (Appian,  Pun. 
66.  The  &sces  were  probably  without  the 
ajet:  so  in  the  relief  of  the  Arch  of  Titos.  Sea, 
however,  Homrasen,  Staettr.  i.  129;  Ltcn», 
p.  66  a). 

7.  Cithariatae  or  htdionOy  dancing  ud  singing 
ss  if  in  eiultstion  over  the  conquered  sonnT 
(Appian,  I.  c. :  cf.  Dionys.  Tii.  T2> 

3,  The  general  himself,  in  a  chariot  of  arcntar 
form    (Zon.    vil.    21),    drawn    by   foor    horM*. 


ipatra  wsi 
IL  21,  8). 


As  to  the  uie  of  while  horses,  p.  mp.  Aftet 
Camillns  (Lit.  t.  23  ;  Dio  Cats.  Iii.  IS;  Pint. 
Cam.  7),  we  bear  of  no  general  rentoring  to 
introduce  them  till  Caeaar  (Dio  Csh.  lUii.  14, 
3),  but  hit  eiample  appears  to  ha>e  been 
regularly  followed  by  the  emperon  (Snet.  lirra, 
25;  Plin.  Pun.  22.  the  Augustan  poets  mention 
it  ai  an  ordinary  detail :  Orid,  A.  A.  i.  214; 
ProperL  T.  1,  32).  Both  chariot  and  borsea 
were  adorned  with  lanrel  (Snet.  Aaj.  94;  Or. 
£iPon(.ii.  1,  58;  Flor.  u  5,  6  ;  Zon-riL  8).  la 
the  Srd  ceotory,  if  the  triumph  was  OTer  the 
Parthians  (trnonpAsu  Pern'cui),  the  chariot  was 
drawn  by  four  elephant*  (  Vita  Alea.  Sev.  57,  4  ; 
Qord.  TeH.  27,  9 ;  and  cf.  the  Cain  of  Dio- 
cletian and  Msilmian  dtncribed  is  Cohen, 
Midailla  Impirialei,  vi.  p.  479,  3).  Pompy 
had  nnsacceasfnlly  attempted  to  gain  per- 
mission for  tills  at  hit  African  trinmph  (Plat. 
Pomp.  14:  cf.  Harquardt,  Saatntmattioig,  ii. 
p.  586,  note  T).  Inceose  was  bamt  in  front  of 
the  chariot  (Appisn,  Pun.  66>  The  drea*  of  the 
genera]  (v.  mp.  aa  to  its  general  cluracl<r> 
coniitltd  of  a  flowered  tonic  (tumiea  palmatai 
and  gold  embroidered  robe  (.toga  pida),  both  of 
lurple  (PlnL  Atm.  Paul.  34;  Lit.  i,  7,  fl).  In 
lis  right  hand  he  carried  a  laurel  boagh  (Plat. 
.ism.  Paul.  32;  Plin.  E.  If.  it.  f  137),  anil  in 
his  left  an  iTory  sceptre  crosrned  by  an  eagle 
(Dionys.  iii.  61,  r.  47 ;  Val.  Has.  it.  4,  5 ;  Jut. 
I.  43).  In  early  timet  hit  body  seema  to  hsTs 
been  painted  red  (Plin.  B.  if.  luiii.  §  111,  and 
V.  sup.).  On  hit  bead  was  a  wreath  of  lanrel 
(Plin.  II,  y.  XT.  §  137).  Behind  him  stood  a 
public  slaTe,  holding  over  his  bead  the  beaTy 
golden  crown  of  Japiter,  made  in  th*  form  of  an 
aak-wr*ath(JuT.  I.  39;  FliD.if.  JT.  iiiiU.  §  II. 
iiiTiiL  J7;  ZaD.Tii.  21;  TertoIL  dr  Or.  13). 
That  this  culmination  of  human  aod  almoet 
diTine  honours    might  not    proTok*  tW   eiil 


TR1UMPHU8 


TRIUMPHU8 


897 


consequences  of  pride,  invidic^  and  the  tvil  eye, 
an  amnlet  {fascinus)  was  worn  by  him  or  was 
attached  to  the  chariot,  together  with  a  little 
bell  and  a  scourge  (Plin.  ff.  N.  xiTiii.  §  39 ; 
Zon.  rii.  21;  Macrob.  Sat,  i.  6,  9);  and  the 
slave  who  rode  beside  him  whispered  in  his  ear, 
*'  Respice  post  te,  hominem  te  memento "  (Ter- 
tnll.  Apol.  33,  confirmed  by  Arrian,  Diss.  JEpict. 
ui.  24,  85,  and  Plin.  Jf.  N,  1.  c. :  cf.  Jnv.  x.  41). 
We  can  hardly  suppose  that  the  slave  was 
present  in  the  case  of  an  emperor.  The  monu- 
ments almost  inrariably  show  a  figure  of  Vic- 
tory beside  the  emperor  in  the  chariot,  holding 
a  crown  of  laurel  over  his  head.  A  state  chair 
(sella)  also  appears  to  have  belonged  to  the 
trinmphator,  for  such  is  mentioned  in  connexion 
with  the  other  triumphal  distinctions  (Liv.  x.  7, 
9 ;  Dio  Cass.  xliv.  6  ;  Suet.  Jul.  76 ;  Mommsen, 
Staaisr,  i.  p.  423).  His  children  who  were 
under  age  (of  both  sexes)  rode  with  him  in  the 
chariot  or  on  the  horses  (Lit.  xlv.  40,  8 ;  Val. 
Max.  V.  7,  1 ;  10,  2 ;— Tac  Ann.  ii.  41 ;  Vita  M. 
Ant,  Pha.  12,  10;  Cic.  pro  Mw.  5,  11;  Suet. 
7%.  6).  His  grown-up  sons  rode  behind  (Liv.  xlv. 
40,  4)  after  the  apparitores  (Appian,  Pun.  66), 
together  with  his  legati  and  tribuni  (Cic.  in  Pis. 
25,  60;  Appian,  Mithr.  117).  Then  sometimes 
came  the  Roman  citizens  whom  he  had  rescued 
from  slarery  by  his  victory,  in  the  character  of 
freedmen  (Liv.  xxx.  45,  5 ;  xxxiii.  23,  6 ;  xxxiv. 
52,  12).  The  rear  was  brought  up  by  the  whole 
body  of  the  infantry  in  marching  order,  their 
spears  adorned  with  laurel  (Plin.  B.  N.  xv. 
§  138),  shouting  lo  tritanphe  (Varro,  L.  L.  v. 
7 ;  Hor.  Od.  iv.  2,  49 ;  TibulL  ii.  6,  121),  and 
singing  songs  which  contained  the  praises  of  the 
generiu  as  well  as  the  coarsest  ribsldry  at  his 
exfMnse  (Liv.  iv.  20;  53,  11,  &c; — Saet.  Jul. 
49,  51 ;  Mart.  i.  5, 3 ;  other  references  given  in 
Marquardt,  Staaisverw.  ii.  p.  588,  note  2.  See 
also  Munro,  Criticisms  and  Elucidations  of 
Catullus,  p.  90). 

The  procession  entered  the  city  by  the  Porta 
Triumphalis  [Cic.  in  Pis.  23,  55.  It  seems  to 
have  been  between  the  Temple  of  Isis  and  the 
Circus  Flaminius  (Joseph.  B,  J.  vii.  5,  4),  and 
was  apparently  only  opened  on  these  occasions, 
as  there  was  a  special  resolution  of  the  senate 
in  the  case  of  the  funeral  of  Augustus,  Tac. 
Ann.  i.  8].  Here  sacrifices  were  offered  to 
certain  deities  (Joseph.  B.  J.  vii.  5,  4).  It  then 
passed  through  the  Circus  Flaminius,  and 
through  or  at  least  near  the  theatres  in  the 
same  region,  as  aflTording  places  for  the  crowds 
of  spectators  (Plut.  Lucull.  37,  Joseph.  B.  J.  1.  c), 
and  probably  entered  the  city  proper  by  the 
Porta  Carmentalis,  as  we  know  that  the  Vela- 
brum  (apparently  the  Vicus  Tuscus)  and  Forum 
Boarium  were  traversed  (Suet.  Jul.  37 ;  Cic. 
Verr.  i.  59,  154).  The  circuit  of  the  Palatine 
hill  was  then  made  by  the  Circus  Maximus  (Cic 
/.  c ;  Plut.  Aem,  Paul.  32),  and  the  road  between 
the  Palatine  and  the  Caelian,  at  the  end  of  which 
the  Via  Sacra  was  reached,  which  conducted 
the  procession  to  the  Forum  (Hor.  Od,  iv.  2, 35 ; 
Epod.  7,  8).  The  route  probably  passed  alone 
the  south  side  of  the  Forum  (Jordan,  CapitM, 
Forum,  md  Sacra  Via,  Berlin,  1881).  From 
the  end  of  the  Via  Sacra  started  the  Clivns 
Capitolinus,  and  as  the  general  was  about  to 
ascend  this  the  principal  captives  were  led  aside 
into  the  adjoining  prison,  and  there  put  to  death 
▼OL.  II. 


(Cic.  Verr.  v.  30,  77 ;  Liv.  xxvi.  13 ;  Trebell 
Poll.  Tng,  Tyr.  22.  Originally  such  were 
beheaded  with  the  axe ;  in  later  times  they  were 
strangled :  cf.  Liv.  xxvi.  13,  15,  with  Trebell. 
Poll.  lyig.  Tyr,  22, 8,  and  see  Mommsen,  Staatsr.  i. 
129).  To  spare  the  lives  of  such  captives  was 
exceptional.  The  earliest  case  is  that  of  Perseus, 
spared  by  Aemilins  Paulus  (Pint.  37),  whose 
example  was  followed  by  Pompey  (Appian, 
Mithr.  117),  Tiberius  in  his  Pannonian  triumph 
of  A.D.  12  (Ov.  ex  Pont,  ii.  1,  45),  and  Aurelian 
in  the  case  of  Zenobia  (Trebell.  Poll.  IVig.  Tyr. 
30,  27).  The  sacrifice  in  the  temple  could  not 
begin  until  the  execution  had  taken  place 
(Joseph.  B.  J,  vii.  5,  6). 

The  general  then  ascended  to  the  Capitol 
(Alexander  Severus  went  on  foot,  Ftio,  57,  4). 
When  the  temple  was  reached,  the  laurel  branch 
and  the  wreaths  of  the  fasces  were  deposited  in 
the  lap  of  the  god  (Sen.  Consol.  ad  Helv.  10 ; 
Plin.  H.  N.  XV.  §  40 ;  Plin.  Pan.  8 ;  Sil.  lUl.  xv. 
118;  Stet.  SUv.  iv.  1,  41 ;  Pacatus,  Paneg,  in 
Theod,  9,  5),  and  in  later  times  a  palm  branch 
(cf.  Marquardt,  Staatsverw.  ii.  p.  589,  note  2). 
Then  the  victims  were  sacrificed.  The  insignia 
triumphi,  i.e.  the  most  notable  spoils  (e.g.  the 
recovered  standards  of  Crassus,  Dio  Cass.  liv.  88, 
and  no  doubt  those  of  Varus,  Tac  Ann.  ii.  41), 
were  afterwards  placed  in  the  temple  of  Mars 
Ultor  (Suet.  Aug.  29).  Finally,  the  general 
with  the  senate  was  entertained  at  a  public  feast 
in  the  temple  (Liv.  xlv.  39).  It  was  the 
practice  to  invite  the  consuls  to  this  banquet, 
and  then  to  send  a  message  requesting  them  not 
to  come,  in  order,  doubtless,  that  the  trinmpha- 
tor might  be  the  most  distinguished  person  in 
the  company  (Plut.  (^taest.  Bom,  80 ;  Val.  Max. 
ii.  8,  6).  A  similar  entertainment  was  pro- 
vided for  the  soldiers,  and  for  the  citizens  in  the 
temple  of  Hercules  (Plut.  Lucull,  37 ;  Athen. 
T.  p.  221  0- 

The  whole  of  the  proceedings,  generally 
speaking,  were  brought  to  a  close  in  one  day ; 
but  when  the  quantity  of  plunder  was  very 
great,  and  the  troops  very  numerous,  a  longer 
period  was  required  for  the  exhibition.  Thus 
the  Macedonian  triumph  of  Flaminius  continued 
for  three  days  in  succession  (Liv.  xzsix.  52  ;  cf. 
Pint.  Aem.  Paul,  32). 

The  honours  of  the  triumphator  did  not  end 
with  the  day.  At  public  spectacles  he  appeared 
with  the  laurel  wreath  (Plin.  ff,  N.  xv.  §  126  ; 
Val.  Max.  iii.  6,  5),  and  in  exceptional  cases  in 
the  vestis  triumphalis  (e.g.  L.  Aemilius  Paulus 
and  Pompey ;  Auctor,  de  Vir,  ill,  56 ;  Veil.  ii. 
40).  It  was  customary  to  provide  him  at  the 
public  expense  with  the  site  for  a  house,  such 
mansions  being  called  triumphaUs  domus  (Plin. 
If.  N.  xxxvi.  §  112).  His  name  was  inscribed  in 
the  Fasti  Triumphtdes  (C.  /.  Z.  i.  p.  453);  he 
was  allowed  to  decorate  the  entrance  to  his 
house  with  trophies  (Plin.  JI,  N.  xxxv.  §  7  ;  Cic. 
Phil,  ii.  28 ;  Liv.  x.  7, 9) ;  and  a  laurel-wreathed 
statue  standing  erect  in  a  triumphal  car,  dis- 
played in  the  ivs^i&ii/tiiii,  transmitted  his  fame 
to  posterity  (Jnv.  viii.  3).  Finally,  after  death, 
his  ashes  might  be  deposited  within  the  walls 
of  the  city  (Plut.  Quaest,  Bom.  79 ;  Mommsen, 
Staatsr,  i.  p.  426,  note  1). 

IHumphus  in  Monte  Albctno  consisted  in 
a  procession  to  the  temple  of  Jupiter  Latiaris 
on  the  Alban  Mount.    It  took  place  jure  con- 

3  M 


898 


TBIUMPHUS 


whrit  imperii  (Liv.  xzxiii.  23,  3),  «ni«  pt&Uoa 
auctoritaU  (Jay.  zlii.  21,  7),  but  was  only  re- 
8ort«d  to  in  case  of  the  refosal  of  a  regular 
triumph  by  the  senate,  and  was  regarded  as  an 
inferior  distinction  (Liv.  xzxiii.  23]^  Although 
it  was  recorded  in  the  Fasti  IViumphales,  it  was 
not  equivalent  to  a  triumph  in  the  city;  for 
when  Marcellas  in  B.C.  211  was  refused  the 
greater  but  allowed  the  lesser  triumph  (ovaUo), 
he  still  celebrated  a  triumph  on  the  Alban 
Mount  on  the  day  before  the  ovation  (liv.  xxvi. 
21,  6).  The  first  instance  was  C.  Papirius  Maso 
in  B.a  231  (Plin.  S,  N.  zv.  §  126 ;  Val.  Max.  iii. 
6,  5),  and  his  ezample  was  followed  by  many 
others  (Ut.  zzvi.  21,  6 ;  zzziii.  23,  3 ;  zlii.  21, 
7;  zlv.  38;— Plut.  Marc,  22). 

Triumphua  Naoalis. — ^The  earliest  on  record 
was  celeorated  by  C.  Duilius  for  his  naral  vic- 
tory over  the  Carthaginians  in  B.a  260  (Liv. 
Ep.  xvii. ;  Flor.  i.  8,  10 ;  Plin.  ff,  xV.  xxxiv. 
§  20).  Other  instances  are  M.  Aemilius  Paulus 
in  B.a  254  (Liv.  zlii.  20,  1),  C.  Lutatius  Catulus 
in  B.O.  241  (Val.  Max.  ii.  8,  2^  Q.  Fabius 
Labeo  in  B.a  189  (Liv.  zzzvii.  60,  6),  Cn.  Octa- 
vius  in  B.C.  167  (Liv.  zlv.  42,  2) ;  and  see  the 
Fasti  TrivmpKales  for  the  years  497,  498,  513, 
526.  Of  its  special  details  nothing  is  known. 
0.  Duilius  and  M.  Aemilius  Pamus  erected 
oolumnae  rottratae  to  commemorate  their  vic- 
tories (Liv.  zlii.  20,  1). 

TWumpAtis  Castrentia, — A  procession  of  the 
soldiers  through  the  camp  in  honour  of  an 
officer,  inferior  to  the  general,  who  had  per- 
formed a  brilliant  ezploit  (Liv.  vii.  36). 

Under  the  Empire,  when  the  monarch  became 
the  sole  possessor  of  the  imperium  and  all  com- 
manders were  only  legati  acting  under  his  aus- 
pices, the  condition  stated  above  as  to  the 
possession  of  the  imperium  was  strictly  applied, 
and  the  precedent  created  by  Caesar  in  favour 
of  his  legati  was  only  followed  by  Augustus  at 
the  beginning  of  his  reign  (Dio  Cass.  liv.  12 ; 
Suet.  Aug,  38).  £ven  in  the  case  of  the  holders 
of  the  secondary  prooontulare  imperium^  the 
triumph  became  rare,  and  then  only  if  they 
were  members  of  the  imperial  family  (Dio  Cass, 
liv.  24  gives  B.C.  14  as  the  date  of  the  change, 
when  Agrippa  refused  a  triumph  as  he  had  done 
in  B.C.  19,  Dio  Cass.  liv.  11).  Triumphs  were 
celebrated  by  Tiberius  (B.a  7,  VelL  ii.  97,  Dio 
Cass.  Iv.  6  ;  and  A-D.  12,  Veil.  ii.  121.  Suet.  Tib. 
20),  Germanicns  (▲.D.  26,  Tac.  Ann.  ii.  41),  and 
Titus  (▲.D.  71,  associated  with  his  father.  Suet. 
Tit.  6).  Up  to  the  time  of  Caligula  the  pro- 
consuls of  Africa  held  a  kind  of  independent 
position  with  an  imperium  of  their  own,  and 
they  no  doubt  retained  the  rights  and  practices 
of  the  republican  magistrates  with  regard  to  the 
triumph.  Triumphs  of  such  are  recorded  for 
B.a  21  and  19  (Mommsen,  Staaisr.  i.  127, 
note  5 ;  132, 133,  notes  1  and  2 ;  Res  Oestae  D. 
Aug,  p.  21> 

Under  these  circumstances  the  custom  was 
introduced  of  bestowing  the  omamenta  trium- 
phalioj  i.e.  the  right  to  appear  on  festivals  in  so 
much  of  the  triumphal  dress  as  generals  had 
been  allowed  to  retain  under  the  Republic  (viz. 
the  laurel  wreath,  o.  sup.  Cf.  Mommsen,  Staatar. 
i.  422,  423 ;  Marquardt,  SiaaUoerw.  ii.  591.  At 
the  triumph  of  Claudius  in  ^.D.  44  M.  Crassus 
Frugi  appeared  in  the  tunica  palmata^  but  this 
Avas  an  ezceptional  honour;    the  others   who 


TBIUMPHUS 

obtained  the  omamenta  on  that  ecoulon  wore  the      / 
praetexta :  Suet.  Claud.  17;  cC  Dio  Cass.  11.  20, 
2),  and,  after  the  completion  of  the  Forum  uf 
Augustus  in  B.C.  2,  to  have  a  bronze  ststae 
(statua  laureata)  erected  there  (Dio  Cass.  Iv.  10. 
Cf.  Tac  Ann,  iv.   23:   perhaps  to  be  distio- 
guished    from    the    statua    triumphtdit,   Plio. 
M,    N.    zzziii.    §   131;    Tac    Aim.    zv.   7^ 
Hist,  i,  79,  Agr,  40;    Plin.  Ep,  it  7;  Peine, 
de    Omamentis    TWionpAa/ibus,  c  ir.).     Lik« 
the    triumph,    they    were     decreed    bj    the 
senate  sitting  in  the  temple  of  Man  Ultor 
(Dio  Cass.  Iv.  10 ;  Suet.  Aug.  29).     The  senate 
only  is  generally  said  to  grant  the  hoaoor  (Tsc 
Ann,  ii.  52 ;  Hist,  iv.  4^  and  even  to  the  em- 
peror himself  (Suet.  Claud,  17);  hot  m  the 
inscriptions  of  the  time  of  Vespasian  and  Uter 
the  words  €tuctore  imperatore  are  generally  sdded, 
and  perhaps  this  was  the  case  earlier  (Tac.  Ann. 
iii.  72,  Agr.  40  ;  Dio  Cass.  Iz.  23,  2 :  cf.  Momm- 
sen, Staatar.  i,  450,  note  3).    Under  Augostiu 
they  appear  to  have  been  granted  only  if  the 
conditions  for  a  regular  triumph  were  in  exist- 
ence (but  cf.  Dio  Cass.  Ii.  20,  2),  ezcepting  ot 
course  the  independent  imperium.    According  U 
Suetonius  (Ttb.  9),  Tiberius  was  the  fint  to 
receive  them,  and  there  were  numeroos  other 
instances  in  the  reign  of  Augustus  (Suet  Avij. 
38).     Afterwards,  owing  to  the  indiscriminste 
bestowal  of  the  honour  by  the  Julian  emperors 
(Tiberius  rewarded  <Matora  with  it,  Dio  Cu&. 
Iviii.  16 :  cf.  Tac.  Ann.  xi.  20,  3,  zu.  3,  2 ;  Sort. 
Claud,  24;  Nero,  15;— Dio  Cass.  Iz.  23,2;  31. 
7),  it  was  no  longer  regarded  as  such  (Tsc.  Ami, 
ziii.  53).    Vespasian  seems  to  have  restored  its 
position  for  a  time  (Marquardt,  Staatnerw.  ii. 
592),  but  the  abuses  reappeared  under  Domitiaa 
(Plin.  Ep,  ii.  7).    The  last  instance  known  is  uf 
the  time  of  Hadrian  (C.  /.  Z,  uL  2830).   Forty- 
eight  in  all  have  been  collected  by  Peine.    In 
the  time  of  the  Antonines  and  later,  when  the 
full  triumphal   dress  was  regularly  worn  br 
every  consul  on  entry  into  oflBce  and  other  stste 
occasions  (Mommsen,  Staatar,  L  399,  and  note  4), 
the  only  military  distinction  that  remained  ts> 
a  atatua  inter  trimnphaleaf  ie.  in  the  Fonun  of 
Trajan  or  some  other  public  place  reserved  for 
such  memorials  (C.  L  L.  vi  1377,  1540,  ic.: 
cf.  Trebell.  Poll.  ISrig,  I^r,  21.    See  genersUf 
Mommsen,  Staatar,  i.  449 ;  Marquardt,  Staatt- 
verw,  ii.  592 ;  Peine,  de  Omamentia  Trimphalt- 
buay  Beriin,  1885). 

The  last  triumph  recorded  is  that  of  Dioclf- 
tian  in  a.d.  302  (Eutrop.  9,  27.  Maiqnsrdt. 
Staataverw,  iL  591,  n.  7,  oonsiden  the  mxaWtd 
triumph  of  Belisarius  after  the  recorery  »*■ 
Africa  to  have  been  rather  a  proceaaus  oonsularis: 
Procop.  B,  Vand.  2,  9).  The  total  number  of 
triumphs  upon  record  down  to  this  p^no<l 
amounts  to  about  350  (Oroeios,  vil  9,  reckons 
320  from  Romulus  to  Vespasian). 

After  the  triumph  had  assumed  its  distinctire 
form,  it  seems  to  have  been  taken  as  the  type 
of  a  festival  procession  in  which  any  of  the 
chief  magistrates  took  part,  and  hence  the  pro- 
cession of  the  Praetor  Urbanus  in  the  Crcai 
Mazimus  before  the  games  of  Apollo  wv 
modelled  on  it  (Juv.  x.  36  aqq,,  xL  194»  tinulis 
tnumpho% — a  fact  which  Mommsen  is  indiDed 
to  attribute  to  the  original  connexioB  bctveen 
the  ludi  and  the  triumph,  both  being  parts  of 
the  public  rejoicings  after  a  victoiy  (Steatsr  l 


HUUHTIBI 

p.  397).  It  ii  itmarkabis  that  tbe  nunB  kJw 
Hf  mi  to  h&ta  lDfla«DC«d  the  fiuwnil  proceuiou 
of  Aogiutiu.  (It  pUHd  throagh  the  Porta 
Triumpbalis,  U  image  of  Victory  ■Boompaaied 
the  bi«r,  and  board*  inscribed  with  the  aamet 
of  tbe  peoplea  ha  had  ctmqueied  weia  carried. 
See  Tac.  Ann.  i.  8,  4 ;  5a«t.  ^i^.  100.)  Under 
the  Em[Hre  the  triumphal  coatume  became  an 
official  impenal  dren*  (ai  early  as  Pompay,  Vail. 
ii.  40).  Cauat  appaaia  to  bsTa  intended  to  nia 
it  on  evaiT  public  occsaion  (Die  Cau.  iUt.  4 ; 
cf.  Plat.  Cats.  61),  bat  Angnitui  and  hia  idc- 
e  it  only  at  feitirala  and  ipectacle 


TEOJAB  LUDUS 


899 


I    fieely:    Dio    Cut 


;  Uomnuan,  Staaiir.  i.  pp.  401,  433.) 
Jti  me  by  the  coniuli  nhen  Ihay  eotered  upon 
their  office  hai  been  maationed  above. 

[0.  M'.  N.  E.] 

TKIUMVIBI.    CTbebtuu.] 

TROCHUB  (rpoxifi,  Kplitn\  b  hoop  (Ar- 
temid.  i.  55;— Or.  Tritt.  iii.  12,  19;  Art.  Ab\. 
iii.  338,  tie.}.  The  Qrwk  and  RunuD  boy)  aied 
to  eierdae  them>el*e»  tike  oura  by  trundling  a 
hoop.  It  wai  a  bronie  ring,  and  had  aometimet 
belli  attached  to  It  (Mart.  li.  21,  2  ;  liv.  168, 
169>  It  wai  propelled  by  meana  of  a  hook  with 
a  wooden  boodle,  called  c/nna  (Propert.  iv.  14) 
■and  iAarip.  From  tbe  Oreaka  tbie  cnitom 
pnued  to  the  BomnUB,  who  conaeqaently  adopted 
■ '  "  ■  -  n  (Hor.  Carm.  iii.  34,  S7J.  ■" 
...     ^j_     _ 

of 
Berlin, 


the 


ivhich  ii 


1  the  Stoich  Collection  a 
a  the  11 


companied  by  the  Taae  of  oil  and  thi 
branch,  the  lignH  of  eSbrt  and  of  victory.  Od 
each  aide  of  this  we  have  repreiented  aaothti 
gtm  from  tha  lame  collection.  Both  of  theie 
«ihibit  naked  youths  truDdliiig  tha  hoop  by 
raeana  of  the  hook  or  key.  Theae  show  the  lize 
of  the  hoop,  which  in  the  middle  figure  hu  alao 
three  imall  ring)  or  belie  on  iti  circumference. 
^Winckelmann,  IMk.  dtt  Pitrra  QratAi, 
pp.  452-133.) 


On  the  uae  of  rpox^'  to  denote  the  potter's 
wheel,  see  FurtiLE.  (Blumner,  PraxOalterik. 
293  ;  Mamnardt,  PnooiMtn,  S36.) 

[J.  v.]     [G.E.M.] 

TROJAE  LUDUS  [more  frenue»tly  known 
as  Troja,  in  the  pbraae  Tn^am  Itukre ;  in  Greek 
Tiir  TpaiBv  fmrtCirai,  Dio  Cast.  itix.  43  ;  in  Suet. 
Col-   IS,   Trqjat  decanto;    in  Tac.  jinn.  li.  It, 


rank  (soai  of  senator*,  accordi 
/.  c).  It  was  Buppoaed  to  represent  an 
introduced  by  Aeneas  and  the  Trojan*  after  their 
landing  in  Italy,  and  celebrated  afterwards  by 
Ascanius  at  Alba  (Verg.  An.  i.  597).  Thi 
earliest  mention  in  historical  timoi  is  the  celo' 
bratioD    by  Sulla    in   his   dictatorship   B.C.   SI 


(Pint.  Cat.  3,  where  it  is  called  wuSurl)  ical  Up^ 
trwafla  ^f  KaAoiwi  Tpolor) :  the  two  hoyiah 
leaden  on  thia  occasion  were  Aemilios  Scaurut, 
>tep*on  of  Salla,  and  Cato  the  younger.  Simi- 
larly Jnliua  Caeaar,  when  ha  retomed  in  triumph 
"ime  and  dedicnted  the  temple  of  Venus, 
rated  riir  Imvlar  -ri/r  Tpolor  «iAoii/i/n|v 
in  T<Sr  thricTpJitgr  kotJi  rb  ifx^'  (P*" 
Caa*.  xliii.  23);  from  the  last  word  it  may  ba 
inferred  that  it  was  a  custom  older  than  Sulla, 
in  fact  of  nnkuown  antiquity,  a*  we  should 
imagine  from  the  tradition*  connected  with  it. 
Augustni  cetebral«d  it  certainly  twice  :  fir*t  io 
B.C.  27  (Dio  Caia.  xlii.  43 ;  Ii.  22 ;  liii.  1 ; 
iir.  26),  on  which  occasion  Tiberius  at  tha  age 
of  15  was  "  ductor  tnrmae  puerorum  majonun  " 
(Suet.  Tib.  8);  secondly  at  the,  dedication  of 
the  temple  of  Harcellu*,  B.C.  12,  when  his 
grandson  Quu*  took  a  chief  part.  He  than 
discontiDued  the  celebration  becaose  Aiinia* 
Pollio  complained  in  tbe  senate  that  it  was  a 
dangerous  sport, In  which  his  grandson  Aeteminas 
'  td  broken  his  leg  (Suet.  Aug.  43).  Caligula 
tiebrated  it  in  the  first  year  of  his  reign  whan 
s  dedicated  the  temple  of  Aueustos,  and  ^ain 
i  the  funeral  games  of  Dmsilla ;  and  of  Nero'* 
boyhood  vre  are  told  that  he  often  "Trojam  luMt" 
up  to  the  age  of  1 1  (Soet.  Ner.  7). 

The  method  of  celebration  may  be  gathered 
from  Verg.  Am.  t.  558-fi03.  In  thi*  account 
tha  Trojan  boy*  are  lirat  marahalled  in  three 
■qnadrons  of  twelve  each,  under  Aacaniiu, 
Priamne  (son  of  Politea),  and  Atys.  Tbey  come 
forward  ceremoniously,  much  as  the  gladiators 
"  '  ir  OS  the  pertbimers  in  a  modern  bull-iigbt 
ow,  to.  salut«  the  spectators  before  the 
combat  begins:  then  they  break  up  their  triple 
formation,  and,  forming  into  two  equal  bands, 
t  to  opposite  stations.  Such  we  take  to  be 
neaning  of  "discurrere  pares"  and  *^di- 
s  solvere  choris":  the  agmen  is  the  pro- 
inal  line  in  the  opening  ceremony ;  the 
chori  the  two  opposing  sqnadrons.  After  this, 
they  charged  and  retired  with  evolutions  so  com- 
plicated tbat  they  aeemed  to  Virgil  (*iippo*ing 
to  be  on  eye-witnesa  of  what  he  describes) 
parable  to  nothing  but  the  Cretan  Laby- 
fi  or  troops  of  dolphin*  at  play.  It  1*  hard 
iplain  why  Virgil  introduces  the  difficulty 
of  three  leader*  and  three  companies.  In  all 
historical  accounts  there  were  two:  in  the 
irlieat  (in  tha  time  of  Sulla)  it  is  eipreasly 
*aid  that  there  could  be  only  two  leaders;  and 
when  three  candidates  appeared,  Scaums,  Cato, 
snd  Seitu*  Pompeius,  it  wn*  necessarv  that  one 
ihoald  retire  (Plut.  Cat.  .1):  similarly  in  T«c. 
Ann.  li.  11  we  lind  two  leaders  named,  Uritanni- 
cns  and  Domitins.  We  can  hnrdly  doubt  that 
Virgil,  under  cover  of  the  story  of  Aeneas,  is 
describing  what  he  actually  saw,  and  this  moit 
have  been  the  celebration  in  fi-C.  37.  In  that 
contest  we  know  from  Snet.  W.  13  that  Tiberius 
was  one  leader,  and  from  the  same  chapter  it 
may  be  inferred  that  Uarcellos  was  another. 
We  may  surmise  that  Virgil  introduced  thi* 
elaborate  account  for  tbe  same  reaaon  which  led 
him  to  bring  in  the  touching  allusion  to  Mar- 
cellus  in  .d«R.  vi.  There  may  have  been  a  third 
leader  in  the  preliminary  display  on  that  occa- 
sioD.togive  distinction  to  Sentns  Appuleios,  the 
son  of  Augustus's  colleague  in  the  consulship, 
who,  as  appear*  from  Tac.  Ann.  ii.  50,  afteiwarda 


900 


TKOFAEUU 


married  Marctlli,  dnngliter  of  OcUrin.  Ai- 
lumipg  tben  that  in  the  rrnl  ceUbretion  of 
B.C.  27  th»re  were  three  lenders  for  the  pn>- 
ceaiioD,  and  th*t  for  the  combat  two  Ud«  w«ra 
formed  according  to  castom  under  HberiDg  and 
Uarcellui,  we  may  luppoie  that  Virgil  makei 
three  coireiponding  leaden  in  hta  TrojOy  viz. 
Jnlu)  and  Alfi  out  of  compliment  to  Aae^iitu*, 
and  a  Priamui  u  appropriate  to  the  Trojan 
game.  [G.  E.  M.] 

TBOPAEDM  (rpirmw'),  a  troplir,  a  lign 
and  memorial  of  victorj,  which  waa  erected  on 
the  field  of  battle  where  the  enemy  had  tonied 
(Tf^H,  rpMrt)  to  Right,  and,  in  caie  of  a  tIc- 
torj  gained  at  tea,  on  the  neareit  land.  The 
eipreuioD  for  railing  or  erecting  a  trophy  ia 
rpvrMr  rnjaai  or  ffr^ffaffSm,  to  which  may  ba 
added  a  genitiTe  with  oi  without  irb  or  Kori, 
The  trophy  wai  oflen  left  itandiDg  for  a  namber 
of  yean  (m*  Tbuc.  it.  67,  v.  10 ;  and  the 
paiHi);ei  of  Paaiuiiaa  cited  below). 

When  the  battle  vai  not  deciaire,  or  eacb 
party  conaidered  it  bad  i>ome  claima  to  the 
victory,  both  erected  trophiei  (Thucyd.  i.  S^, 
105;  ii.  92).  Trophiea  ninally  coniiited  of  the 
arma,  ahielda,  helmet*,  tic,  of  the  enemy  that 
were  defeated;  and  from  the  deieriptioni  of 
Virgil  and  other  Roman  poeli,  which  bare 
reference  to  the  Greek  rather  than  to  the 
Roman  cuatom,  it  appear!  that  the  ipoilt  and 
anna  of  the  Tanqaisbed  were  placed  on  tbe  lopped 
trnnk  of  a  tree,  which  wai  liied  on  an  eleration 
(Verg.  Am.  xi.  5 ;  Serr.  ad  loo. ;  Lucan,  i.  \3h ; 
Stat.  TMi.  iii.  707-,  Jut.  i.  133;  Mayor  od 
Inc.).  It  waa  coniecrated  to  tome  divinity  with 
an  intcription  (Mrpafifio),  recording  the  namet 
of  the  Ticton  and  of  tbe  defeated  party  (Enrip. 
Phom.  583;  Schol.  ad  Ik.;  Pan.,  t.  27,  §  7 ; 
Vei^.  Am.  iii.  2S8;   Grid,  Ar.  Am.  ii.  7*1; 


TmpbjoTABtiuMl.    (Jn>i.  CbfiUot.  1. 

Tae.  Ann.  ii.  S2);  whence  trophiei 
garded  la  inTiolable,  which  even  the  enemy 
were  not  permitted  to  remoTe  (Dio  Caaa.  ilii. 
66).    Sometlmei,  howerer,  a  people  dettroyed  a 


TBOPAEVH 

trophy,  if  they  contidered  that  tbe  •octny  ha4 
ereetKl  it  witbont  anSicient  canie,  aa  the 
Miletiana  did  with  a  trophy  of  the  Athenians 
(Thueyd.  Tiii,  24).  That  rankling  and  heatile 
feeling!  might  not  be  perpetuated  by  the  con- 
tinuance of  a  trophy,  it  aeems  to  hare  been 
originally  part  of  Greek  inlemational  law  thit 
trophiea  ihould  be  made  only  of  wood  and  not  of 
atone  or  metal,  and  that  they  iboald  not  be 
repaired  when  decayed  (Pint.  Qmaat.  Horn, 
c.  37,  p.  273  c;  Diod.  liii.  24>  Henca  we  are^ 
told  that  the  Lacedaemoniau  accnied  the 
Thebana  before  the  Amphictyonic  conndl,  -  b»- 
cauae  the  latter  had  eiwted  a  metal  trophy 
(Cic.  it  Invent,  ii.  2i,  6S>  It  waa  not,  hoverer, 
nneommon  to  erect  tnch  traphiea.  Plotarcb 
(_Alc3i.  29,  p.  207  d)  mentlona  one  raised  in  the- 
time  of  Aldbiadea,  and  Panaaniat  (ii.  21,  |  ? : 
iii.  14,  S  7 ;  t.  27,  §  7}  ipeski  oT  aeTenl  whirlt 
he  taw  in  Greece.  (Wachamnth,  BdL  Ait. 
Tol.  ii.  pt.  i.  p.  424,  Ut  ed. ;  SchSmann,  Anf. 
Jut.  PM.  Orate,  p.  370 ;  Droyien,  Or.  Kriagi- 
allerth.  p.  94.) 

The  trophiea  erected  to  commemorate  lUTat 
Tictoriea  were  nanally  ornamented  with  the 
beaka  or  acroteria  of  thipa  fAcnoTEBio ; 
Robtba];  and  were  generally  conaenmted  to 
Poaeidon  or  Neptune.  Sometimea  a  whole  ahip 
waa  placed  aa  a  trophy  (Thucyd.  ii.  64^  93> 

The  Macedonian  kinga  neTer  erected  trophiea, 
for  the  reaaon  giTen  by  Panaaniaa  (ii.  40,  {  4), 
and  hence  the  lame  writer  obaerna  that 
Aleunder  laiaed  no  trophiea  after  bii  Tictoriea 
oTer  Dareina  and  in  India.  Tbe  Roraana  too,  in 
early  timea,  neTer  erected  any  trophiea  on  the 
field  of  battle  (Flonu,  iii.  2),  bnt  eaiTMd  hocne 
the  apolla  taken  in  battle,  with  which  they 
decoraled  the  public  baildinga,  and  alao  the- 
prirate  honaei  of  indiTidnalL  [Sroiu.]  Snb- 
aeqnenttj,  howerer,  the  Romana  adopted  the- 
Greek  practice  of  raiMng  trophisa  on  the  field 
of  battle :  the  firat  Uophie*  of  thii  kind  were 
erected  by  Domititu  Ahenobarbna  and  Fabina 
Uaiimna  in  B.C.  121,  after  their  conqneat  of  th» 
Allobrogea,  when  they  bnilt  at  the  jnnrtion  of 
the  Rhone  and  the  lau'a  towen  of  white  >t<me, 
upon  which  trophiet  were  placed  adorned  with 
the  apoila  of  the  enemy  (Florui,  /,  c. ;  Stiabo,  ir. 

f,  185).  Pompey  alao  raited  trophic*  on  the 
yreneea  after  hia  victoriei  in  Spain  (Strabo,  iii. 
p.  156;  Plin.  ff.  A^iii.  Sl8;  I>io  Cat*.  ilL  24  : 
Sail.  ap.  Serr.  in  Verg.  Ana.  li.  6);  Jabm 
Caeaar  did  the  tame  near  Zela.  after  hb  nctary 
over  Phamacei  (Dio  Cata.  ilii.  4S),  and  Dnnta, 
near  the  Elbe,  to  commemorate  hia  Tictvry  orer 
the  Germane  (Dio  Cast.  li.  1  ;  Honu,  It.  12). 
Still,  howerer,  it  waa  more  common  to  erect 
aome  memorial  of  the  rictorr  at  Rome  than  to 
th*  field   of  battle.     Th*  trophiat  raiMd  by 


Marina    i 

Jugnrtha  and  the  Gmbri  and  TentooM,  which 

were  catt  down  by  Solla  and  rtatorad  by  Jalias 


TB088ULI 

CaentT,  mtut  tura  bwa  in  th<  cily  (Suet,  Jul, 
11).  Id  thi  later  timet  of  the  Kepublic,  uul 
tndti  tb*  Empire,  the  erection  of  trium|jhsl 
■rebel  wai  the  meet  comniiiii  we;  of  communio- 
ntisg  a  victor;,  nun;  of  which  remaio  to  the 
rreieot  d>]r.  [Abcds.]  We  find  trophies  on 
the  Homu  coini  of  lercral  famlliei.  The 
abo*e  coia  of  M.  Fariui  Fhilui  li  »a  example ; 
«u  the  reverte,  Viclorj  or  Rome  ie  represented 
crowning  atrophy.  [W.  S.l     [G.  E.  M.j 

TBO'SSULI.    r&jDirtg,  Vol.  I.  p.  755.] 
TBULLA.      1.    A    Udle    for    itirring    and 
ckimming  (srsp^),  in  which  sense  trua  also  is 

3.  ThJfa  Binaria,  a  sort  of  ladle  need  like  a 
cyathni  for  Uklng  wine  from  the  crater  (Varro, 
i.Z.T.118;  Cic.  Vtrr.iy.27,  62;  Hor.  &(,  ii. 
3,  144).  It  probablj  differed  from  the  cjathua 
in  haring  a  ihalloner  and  flatter  bowl  at  the 
end  of  iCa  long  handle  (nianti*Wiun>  The 
material  waa  raiions,  wooden  or  copper  (Cat. 
S.  S.  IS),  silver  (Cic  I.  c),  or  mwrhoHi  (Plin. 
ff.  N.  uirli.  5  20).  The  passage  in  Mart.  ii. 
97  is  altogether  iocompatihle  with  the  notion 
<for  which  there  i*  no  authority)  that  the  trulla 
bad  hols*  like  a  strainer. 

3.  A  mason's  trowe!  for  plastering  nails, 
•rhencs  tmUuore  (Pallad.  S.  B.  i.  13 ;  Isid. 
Orig.  lii.  18).  This  meaning  aLo  negatires  the 
idea  of  its  being  perforated.     [J.  T]   [0.  E.  U.] 

TBDXLEUM.    (Telvib.] 

TBU'TINA.    [STiTSRi.] 

TUBA  (ir^nrfX  *■  ><T''iu<  trumpet,  dls- 
tingniahed  from  tba  oomu  by  being  straight 
vhile  the  latter  wai  carved.  Thus  Ovid  (Met. 
1  98): 

■■  Hon  tuba  dlrectl  non  lerli  cornoa  Seil."  '^ 

i.  5.)  Forcellini  in  hia  Lexicon 
supposing  that  Aulas 
lius  (^Sat.  tL  8),  who 
copies  mm,  intend  to  amrm  that  the  tuba  was 
crooked.  The  wonle  of  the  former  do  not  mean 
that  both  the  liluus  and  the  tnba  were  crooked, 
kut  that  both  that  kind  of  trampet  which  was 
-called  a  litnaa  and  also  the  •taS'  of  the  angnr 
were  crooked,  and  that  it  was  doubtful  which 
«f  the  two  had  lent  ita  name  to  the  other. 
^LtTPOl] 

Tb*  inUiriyf  OF  tabs  wai  employed  in  war 
for  signala  of  titij  deKription  (Tnuc  r.  10, 
Ti.  69  ;  Sen.  Atmh.  iv.  4,  22 ;  Tae.  Bat.  ii.  29 ; 
Caesar,  B.  C.  iii.  46 ;  Llr.  iiiii.  27>  Droysen 
Tcmarks  that  the  only  passage  in  a  Greek  his- 
torian wbare  K^fMU  appears  to  be  used  for  a 
Greek  military  signal  is  Xen.  Amdi.  ii.  2,  4; 
and  that  there  Wpon  is  interpolated  from 
Cyrop.  V.  3,  45.  Aa  regard)  Roman  military 
aigoali  with  tubae,  eomua  and  bacina,  sea 
£lEBCITUS,  Vol.  I.  pyflOl. 

The  tmmpet  was  used  also  at  the  games  and 
public  feetivala  (Jar.  vi.  249,  i.  214;  \tiT%. 
Mn.  T.  113;  Orid,  Fail.  i.  71S),  also  at  the 
laat  rite*  to  the  dead  (Ante  tuba,  oandtlat.  Per*, 
iii.  103;  Terg.  Jm.  il.  191 ;  Orid, /Tfroi^.  xii. 
140),  and  Aulus  Gallius  (ii.  2)  Ulls  as  that 
those  who  eonnded  the  trumpet  at  fuoerals  were 
termed  titicinet,  and  nsed  an  instrnment  of  a 
peculiar  form.  The  tones  of  the  tuba  are  repie- 
•ented  as  of  a  harsh  and  tear- inspiring  character 
(/mdo)  xmitiH  tvbanm,  Verg.  Gton.  it.  TL; 
■      -■■  ■■  '  -  ..  ii.  503), 


<Cf.  VegetiuB,  ii 
(s.  T.  lUa)  i*  m 
Gelliat  (t.  8)  ■ 


The  iuTention  of  the  tnba  i*  nsoally  aaeribed 
by  ancient  writers  to  the  Etruscan*  (Atbeuaens, 
IT.  c.  82  1  Pollui,  IT.  85,  87  ;  Diodor.  t,  40; 
Serv.  oi  Verg.  Aeti.  vLiL  516;  Clem.  Ale>. 
Strom,  i.  p.  306),  and  the  epithet  \„aTiMrak- 
wiym^  (w.  robber-trunipeten,  Photio*  and 
Uesych.  i.  v.;  and  PoUui,  (.  c.)  would  seem  to 
indicate  that  they  were  equally  famooi  for 
piracy  and  trumpeting.  It  is  probable  that  the 
iri^wiy^  was  of  Lydian  origin,  and  wa*  made 
linowD  in  Europe  by  the  Tyrrhenian  pirates. 
It  has  been  remarked  that  Homer  never  intro- 
duces the  ad\weyf  in  bis  narrHtive  hut  in 
comparisons  only  (II.  iviii.  219,  iii.  388; 
EusUth.  and  Schol.),  which  leads  ui  to  infer 
that  altbongh  known  in  his  time  it  had  been 
but  recently  introduced  into  Greece ;  and  it  is 
certain  that,  notwithstanding  it*  eminently 
martial  character,  it  was  not  until  a  late  period 
used  in  the  armies  of  the  leading  state*.  Br 
the  tragedian*  its  Tuscan  origin  was  fully  re'- 
cognised  :  Athena  in  Aeschylus  orders  the  deep- 
toned  piercing  TyiThenian  trumpet  to  sound 
(Eumen.  567]^  Ulysses  in  Sophocles  (Aj.  17) 
declares  that  the  accent*  of  his  beloved  goddess 
fell  upon  hie  eai'*  like  the  tones  of  the  braien- 
mouthed  Tyrrhenian  bell  (loUwMt,  Le.  the  bell- 
shaped  aperture  of  the  trumpet),  and  similai- 
epithets  are  applied  by  Euripides  (fAoenfii.  1376, 
Neraclid.  830),  and  other  Greek  (Auctor,  Bliet. 
988 ;  Bmnck,  Anal.  torn.  ii.  p.  142)  and  Roman 
writer*  (7)iiTlunHS  clani/or,Verg.  Aan.  viii.  52S; 
Stat.  Titi.  iii.  650';  J^henae  dangon  tubae, 
Silius,  ii.  19).  According  to  one  account  it  was 
first  fabricated  for  the  Tyrrhenian*  by  Athena, 
who  in  consequence  was  worshipped  by  the 
Argives  under  the  title  of  Tiimiyt  (Schol.  ad 
Hom.  II.  iviil  319 ;  Pausan.  ii.  21,  $-3) ;  while 
at  Rome  the  (uMHifriuin,  or  purification  ol 
sacred  trumpets,  was  peifonned  on  the  last 
day  of  the  Quinqnatrus.  [QoiIiqDATRUg.] 
In  another  legend  the  discovery  i*  attributed 
to  a  mythical  king  of  the  Tyrrhenians,  llaleus. 


son  of  Hercules  and  Omphale  (Lutat.  ad  Stat. 
ntb.  It.  224,  vi.  404;  Hygiu.  F<A.  274;  Schol. 
ad  Hom.  /.  c);  in  a  third  to  Pisaans  the 
Tyrrhenian  (PUn.  H.  X.  vii.   j   57 ;   Photius, 


902  TUBILU8TBUM 

s.   t.y,  aod   Silia*   hat    preserreil    ■  tradition 
(viii.  490),  according   Ui   which  th<  origin  of 
thia  iDitiumeiit  ia  traced  to  Vctnlonii.    (Miilli 
We  Etnuluir,  It.  1,  3,  *,  5.) 

There  appear*  to  have  been  no  euential  diflsr- 
ence  iu  form  betveen  the  Greek  and  Romi 
Tfrrheuinn  trampets.  Both  vere  long,  atraight 
bronie  tubei  graduHlly  iacreuing  in  diamet 
nnd  terminating  Id  a  bell-ahaped  iperti 
((Hittw),  and  often  having  a  horn  moutli-pie 
They  prewnt  preciaely  the  laine  appearance 
monameoU  or  Terjr  different  dates,  aa  may 
a!en  from  the  cuti  anneied,  the  former  of  which 


ii  from  Tnjan'a  Column,  and  the  latter  from  an 
ancient  fictile  Taae.  (Hope,  Cattama  of  the 
Ancimti,  pi.  156.} 

The  acholiaat  on  the  Iliad  (I.  c.)  reckoni  ui 
*aiieties  of  trampeta ;  but  he  apeaka  of  metal 
inatromenUgeneralir:  tlie  firat  and  l^flh  onlj 
are  true  trninpeti  with  a  straight  tube  ;  the 
tint  he  callithe  Gredan  siUiriyf  which  Athena 
diacoTeredfortheT)rrrheDiant;  the  fifth,  a  Peraian 
trumpet,  from  iti  name  takifurat,  aecms  to  hare 
been  itraigbt  like  a  Greeli  ri\9iy(,  but  perhaps 
•ienderer;  tbe  aiith, termed  by  him  Kor'JfaxV 
the  Tvp^rueii  riKmy^,  he  deactibea  u  bent  at 
the  extremity  (KtUura  KiKKnaiiimt  Ixouaa): 
but  by  thia  we  muat  nnqnettionably  underatand 
the  aacred  trumpet  (ttparutii  rikwiyf,  Lydns,  de 
Utra.  iv.  6),  the  littait  already  noticed  at  the 
beginning  of  thia  article.  (Compare  Lucan, 
i.  431.)  Of  the  otbeia,  the  aecond  and  fourth 
are  not  Greek  and  are  of  unknown  form ;  the 
third  IB  ■  lifKi^,  which  waa  a  amnller  Gallic 
trumpet,  •omewhat  bent  like  the  lituui,  and 
ornamented  with  the  head  of  aomc  animal.  (See 
Cohen,  Mid.  Cont.  lii.  3.)  Reference  may  be 
made  for  further  details  to  Droyaen,  Gr.  KHegt- 
allarth.  54;  Marqaardt,  Slaattvfra.  ii.  552; 
K.  von  Jnn,  in  Baumeiiter,  DenimSler,  165T- 
1662.  [W.  S.]    [G.  E.  M.] 

TOBILU'STHUM.  [QuisQUATmrs.] 
TUBUS,  TU-BULUS.  [KraruLA.] 
TUGU8IUM,  a  peasBDt'a  hnt  or  cottage 
(Vano,  B.  B.  iii.  I,  3;  Cic.  jiro  Seat.  43,  93).  , 
It  ia  probable  that  theae  dwelling*  in  country  : 
diatricl*  long  retained  tbe  primitiie  matert^ 
for  tbe  walli  of  wooden  planka,  or  aometimea 
wattlea,   atuffed   with    turf.      (For    the    iune  I 


material  generatig  in  aadent  timea,  we  Fat.  Ef. 
p.  12 ;  ef.  Taberhicouth.)  The  roof  wu  <■( 
thatch  (VitniT.  ii.  I,  5;  laid.  Orig.  it.  S,  4: 
cf.  Or.  Fast.  til.  184) ;  aometimea  of  bark  (Plin. 
if.  N.  iTi.  §  35).  At  regarda  abap*.  ia  the 
earlieet  timea  there  ia  no  donbt  that  the  hot 
waa  circular  [for  the  origin  of  tbi*  ahspe,  a^ 
DOHitB,  Vol.  1.  p.  654],  with  a  conlca]  roof 
covered  with  tbalch,  tnrf,  or  ikina,  asd  kept  in 
place  by  bnnchea  or  toga  ainnt  over  it,  aa  ia 
Been  in  the  pottery  "  bat-oma,"  of  whicb  an 
example  ia  given.     Prom  thia  ihapc  waa  derived 


ay     Bow- 


that  of  the  TholoB  a 
Veatae  at  Rome  [PBTTAnma,  p.  5 
long  it  w.-ia  retained  for  tbe  hnta  i 
rural  diitricta  it  ia  impoaaible  to  lay,  bot  we 
may  nasume  that  it  waa  gradually  inpanHlad  by 
a  rectangular  form,  though  tbe  rude  materiai 
for  the  walli  and  roofa  waa  in  the  poorer 
distncta  unchanged.  (Ct  Verg.  EcL  i.  6S  ; 
Ua^quard^  PrivatUtm,  3IG.)  [O.  S.  U.] 

TULLIA'NUM.    [Ci«cE«.] 
TUMULTU8,  TUMCtTUA*BIL    [Em- 
caTOT,  Vol.  I.  p.  805  fr.] 

TU'NICA.  The  xiri'  or  Inwo  «n  a  ahiit 
or  ahifl.  and  aerved  aa  tha  chiaf  nnder-gaimeat 
of  the  Grteka  and  Romana,  both  men  and  waawn. 
1.  Gbbek.  In  tbe  aarliest  period,  knovB  to 
La  by  the  6nda  in  prv-hiatoric  gimraa,  it*  nie 
eeoiB  to  have  been  unknown,  a  loiD-cloth  or 
.proD  [SDDLiaACCLUH]  being  ita  prcdaccMor. 
n  Homer,  however,  the  liaen  X^^  ^ad 
Iready  Iteooroe  part  of  the  regular  "—'T'^f  of 
nen,  though  it  waa  not  yet  worn  by  ■lanm, 
rho  retainad  tha  ir^Aoi  aa  their  aole  ganMm 
[PaLU].      That   thia    Homeric    xf^^'   *■*  of 

paaaages  and  by  the  epithata  nsed  of  it.     The 

loau  clatticaa  ia  Od.  lii.  232,  where  the  ahirt  ef 

OdyateuB  ia  aaid  to   have  ahona  like  u  onioB 

'in;  to  have  gliitened  like  the  aanlighL,  and 

it  to  have  been  aoft     Beaidei  r.yafOHi  (cf.  OJ. 

60).  tbe  epitheu  mV^txi  (fl.  iL  43)^  «fcn- 

i  (fl.  iviii.  596),  and  •hXMTai  (ffyn.  Jf. 

Pyti,  35)  are  applied  to  it,  and  *U  of  thtt  tpfir 

to  Linen  better  than  to  wool     Thia  X"^'  er 

ahirt  wa*  worn  under  a  wooHen  cloak  or  mantle 

[PALum]  daring  tha  day,  bat  vaa  taken  at  on 

going  to  b*i  (cf.   Od.  l   437,  of  T 

/imkaniw   F    Mvrt   x"*' 


TUNICA 

without  ■  cloik  indoon  (cf.  otoxtnaT,  Od.  li 
488),  and  tna  ODtdoon  when  taking  octli 
excTdM,  ai  in  dancing  (il.  iriii.  595).  It  vi 
nlM  warn  under  the  con1«t  (Mpa{)  in  time 
•mr  (cf.  IL  ili.  357  ;  tIL  351>  Tbu  paitlcolar 
form  of  tonic  ia  cdled  in  11.  t.  til  (cf.  11. 
III.  31)  FTptrrit  X"'^!  ""^  ^^'  epithet  hai 
given  math  difficulty  to  all  commentaton  lince 
Arlstarcbna.  Ha  aiplained  it  u  meaning  a  coat 
of  unie-armonT  (cf.  ApolloD.  Lex).  Anatber  in- 
terprttatjoD,  howeTcr,  wai  given  bj  Aiistonicue, 
who  took  erprrrki  to  mean  "  irell-ipnn  "  (cf. 
Schol.  oJ  IL  iii.  31),  and  thii  leemi  on  the 
whole  the  more  probable  meaning(cf.  Studnicikn, 
Bdlrage,  p.  63).  Of  the  ihape  aod.iiie  of  the 
XTir  there  are  but  few  deduTe  hinti  in  Homer. 
There  ia  the  mention  of  the  trailing  ihiit  o( 
loniani  (/[.  liii.  S85,  'lujnt  i\*txirtmt :  cf. 
Bymn.  Ap.  Del.  147),  but  thia  ii  commoaiy 
held  to  be  a  late  inHirtion.  All  we  can  mj  ia 
that  the  warrior  natnralljr  wore  a  short  x"^', 
whateTCT  that  In  orlinarj  nae  maj  hare  been 
like.  That  he  aaed  a  girdle  when  wearing  it 
under  a  ooat  of  mall  aeemi  unqneitionable,  bnt 
there  is  no  eiidanca  that  it  wai  girded  in 
ordinary  life. 

The  Homeric  ^irJir  wai  made  from  the  linen 
cloth  that  came  IVom  the  houaehold  loom,  by 
lewing  ap  the  aide.  It  wai  accordlogly  an 
rrSvfu  (cf.  Sv,  n.  iviii.  4IS ;  Unro,  11.  iiiii. 
739  ;  Smv,  Od.  it.  61 ;  indutuii,  "  put  on,"  not 
wrapped  ronnd  the  boly,  like  the  rinXoi  of 
women  (cf.  Paluvm).  It  doea  not  seem,  like 
the  later  forma,  to  hare  been  fattened  at  the 
ahoalden  with  broocheo  or  pina;  at  any  rate 
theae  are  not  mentioned.  The  Homeric  %"'" 
appeara  to  have  been  nnomameDtod  eicept  for  a 
fringe  (cf.  Ttp>uij(ii,  Od.  xii.  242},  probably  left 
frnm  the  wearing,  like  that  on  modern  toweli. 
[Tela,  p.  766o.] 

In  the  period  which  followed  the  Epic  age,  the 
long  x"^'  came  into  almoat  nnirenal  uae  aa 
tbe  coitnme  of  men  in  Ume  of  peace,  and  at  the 
aame  time  wa>  adopted  by  women.  The  acconnt 
of  how  it  became  part  of  the  coatnma  of  the 
Athenian  women  ia  told  by  Herodotai  in  a  pai- 
tage  (t.  SB)  eiplained  in  the  article  Palla. 
The  change  waa  broaght  nbout  by  the  adoption 
of  a  linen  ahif^  worn  ander  the  primitiie  ir^Xoi. 
The  proceta  aeema  to  have  gone  eren  farther, 
and  led  to  the  wearing  of  two  ihilti,  one  o*er  the 
other,  fur  an  edict  of  Solon  forbtda  the  wearing 
of  more  than  three  gnrmenti  by  women  (Pint. 
SM.  21,  5).  The  faihion,  even  if  it  i>  not  re- 
ferred to  in  thi«  edict,  is  at  least  ai  old  u  the 
Stb  cenlnry,  and  can  be  traced  on  early  red- 
fignre  raaea  and  atatnettea.  It  ia  chiefly  on 
theae  vaie*  that  the  vast  variety  of  formi  which 
eilated  in  claaaical  timet  begin  to  appear.  They 
may  be  ronghly  claaailied  as  (I)  thoae  which  are 
rectangular  and  have  no  aleevei,  eicept  the  half- 
aleeve*  formed  by  gathering  the  material  together 
with  a  girdle  at  the  waiat;  and  (2)  thoie 
which  hare  ileevea  added,  either  of  a  difTennt 
piece  of  ituff  or  a|>ecially  woven  at  the  top. 
Both  have  the  lidei  aewn  up.  Taking  the 
firat  clasa,  there  are  two  main  forms,— thoM  in 
which  the  top  ia  left  open,  and  the  garment 
fastened  on  the  ahooldets  by  brooches  or  pins. 
Thij  shape  Is  ahown  in  fig.  1,  which  represents 
a  recUngle  of  cloth,  the  old  rhtXot  In  fact, 
with  the  audi  aewn  together  and  the  top  folded 


over  all  round.    This  fold  it  not  alwayi  present, 
bnt  ia  very  common.    It  Is  nanally,  bat  arro- 


bnt 


eally 
called  the  iwi- 
rruyiia  (of.  BOh- 
lau,  de  re  Vtt- 
tiaria,  p.  IT). 
The  garment  was 
fastened  to  the 
■honldert  by 
brooches  at  a 
and  <f,  b  and  b'. 
If  sleeves  were 
wiahed  for,  they 
could  be  formed 
by  the  simple  process  of  pii 
the  ahonlder  downwarda,  t 


Ftg.  a.  Statoettca  &om  Hercntinnun.    (JTW.  Airton.) 

nae,  however,  there  would  be  no  iiriwrvyita. 
cond  form  of  thia  class  (1)  ia  ahown  in 

1  it  two 


separata     piece, 

cotling    up  the  rectangular  anapc,    were   con- 

aidered  less  genninely  Greek  than  the  former. 
riCA.]  Thos  Herodotus  tella  as  a  charac- 
ic  of  tbe  Peraiant  that  they  wore  sleevea 

(rii.  61),  and  even  in  Roman  times,  when  their 


904 


TUNICA 


TUNICA 


* 
• 

1 

1 

1 

Fig,4 

• 

! 

1 

1 

• 

1 

1 

1 

1 

r 
1 
• 

nse  was  unirersal,  it  was  looked  on  as  in  origin 
a  barbaric  fashion  (Verg.  Aen,  iz.  616).     In  Art 

such  sleeves  form  j)art 
of  the  tfpical  Asiatic 
costume  on  vase-paint- 
ings and  other  monu- 
ments. Yet  even  in 
the  monuments  there 
are  figures  like  the 
handmaid  on  the 
grave-stone  of  Thrasi- 
klea,  under  Stele, 
with  quite  tight 
sleeves.  They  also  are 
sometimes  seen  on  old 
men ;  and,  to  judge 
by  the  inscriptions,  in  which  x*^^'^^^  x"'^'^ 
iffKos  is  mentioned,  were  in  common  use  with 
women.  In  later  times  a  sleeved  shirt  formed 
part  of  the  traditional  costume  of  the  comic 
actor  [see  cut  under  Soccus].  It  is  not  easy 
to  give  an  accoimt  of  the  make  of  such  a 
garment ;  but  one  form  of  it  which  belongs  to 
the  Hellenistic  period,  though  probably  much 
older,  has  come  down  to  us  in  the  linen  tunics 
found  in  the  Fayoum.  Most  of  these  come 
from  Coptic  graves,  and  many  are  in  t^  state  of 
perfect  preservation.  They  have  been  found  in 
such  numbers  that  few  large  museums  are  with- 
out specimens.  The  best  English  collection  is 
at  South  Kensington.  The  general  shape  of  the 
garment  as  it  came  from  the  loom  is  shown  in 
fig.  5 ;  a  kind  of  cross  with  very  thick  vertical 

and  very  thin 


^iff'S 


Fig.  6 


transverse 
bar.  This  is 
folded  double 
and  the  sides 
sewn  together. 
The  arms  of 
the  cross  then 
form  sleeves, 
and  form  a 
shirt,  the  head 
being  thrust 
through  a  slit 
in  the  centre  left  while  weaving  (fig.  6).  This 
form  of  x^^^  is  usually  ornamented  with  two 
embroidered  bands  [Clavus]  falling  from  the 

shoulders  before  and 
]  behind,  giving  the  ap- 
pearance of  a  surplice 
and  stole  seen  in  front. 
It  is  indeed  the  direct 
ancestor  of  the  sur- 
plice, and  may  be  seen 
in  numberless  Roman  paintings  at  Pompeii  and 
elsewhere  (cf.  cuts  under  Clavus,  Vol.  I. 
p.  455  a). 

The  methods  of  wearing  these  different  forms 
of  the  x*^^^  YT^te  very  varied.  It  could  be 
worn  long  or  short,  girded  or  ungirded,  alone 
or  in  combination,  with  long  or  short  &ir^ 
•trrvyfUL.  To  fix  names  to  the  different  varieties 
is  a  task  which  so  far  has  baffled  scholars 
and  archaeologists,  even  as  far  back  as  Roman 
times.  Thus,  for  instance,  many  attempts  have 
been  made  to  discover  definite  differences  be- 
tween X'^^^f  x^^'^^'^t  ^^^  X''^^^*^''^'>  ^"^ 
without  success.  That  they  were  indefinite, 
even  in  classical  times,  is  shown  by  a  glance  at 
the  inscription  recording  the  garments  in  the 


treasury  of  Artemis  at  Brauron  (C.  /.  G»  i.  155 ; 
C  I.  A,  ii.  754).  In  it  x'^^'*<>*'  ^  ^^^^  ^^^ 
Xirinf  thirteen,  and  x*^^^*^^*  thirty  times; 
but  in  each  case  defining  epithets  of  colour, 
material,  pattern,  shape,  and  size  are  added, 
showing  that  the  difference,  if  any,  cannot  have 
lain  in  these  obvious  characteristics.  The  in- 
scription disposes,  if  of  nothing  else,  of  the  view 
based  on  Ammonius  (p.  148,  Valcken. :  xvrmv- 
liTKOS  /iky  yitp  6  rov  oMiphs  X'^^*  X'^^'^'^  ^ 
rh  riis  yvptuiehs  Mv/ia%  that  the  x<^*'*^^<r«of 
was  the  man's  shirt,  x^'^'^wm'  the  woman's  shift. 
The  distinction,  if  there  was  any,  must  rmther 
be  sought  in  the  use  of  the  diminutive,  to  pre- 
vent a  confusion  of  two  shirts  or  shifts  worn 
one  over  the  other ;  just  as  at  Rome  the  tumica 
mterior  was  distinguished  from  the  sMa, 

The  epithets  in  the  Brauron  inscription,  which 
is  the  locus  dassicus  on  the  subject,  deserve  a 
detailed  analysis.  First  as  to  colour,  there  were 
shifts  of  white  (K€vk6s),  purple  (jkKovpy^sX 
safiron  [jcpoirc^ds,  common  as  a  substanttve  in 
Aristophanes,  who  also  uses  KpoKwr(Zu»f  in  every 
case  meaning  a  x"^^  o'  x'^^^*'"^^  *^  never  a 
ifjJrtov  (Paluuii),  as  Hermann  (ed.  Blnmner, 
p.  188)  maintains];  sea-green  (yhMmc^uiSsX 
frog-green  (/SorpaxeioGs,  cf.  fiorpaxis,  a  frog- 
green  garment,  Arist.  Eq.  1406X  uid  yellow 
(Bdt^u^os),  The  material  of  which  they  were 
made  was  hemp  (<rr^rruwf),  fine  flaxen  linen 
(jkfUfrytvosy  cf.  Aristoph.  Lya,  150,  x'^^'"^^'^^ 
roTs  A^pyfrotf),  and  card^  wool  (rrcverr^r). 
They  were  embroidered  (woUiKos,  w^ptwoUuXBtf 
iraparolKiKos),  and  had  patterns  of  stripes  (wp- 
Ttrr^f)  and  spots  (aeardbmjcTor).  Some  had 
borders  (w€pirrytrr6sf  in^w^V  ^X'O  ^^  purple 
(irapoKovpyify  irXoruBtXovpy^s),  the  borders  being 
broad  or  narrow  (iffuv^s).  The  epithets  re- 
ferring to  the  shape  and  make  of  the  X"^^  ^^^ 
more  difficult  to  explain;  the  commonest  are 
'*  double  "  (SnrAovr)  and  *<  single  "  (enrXaSr),  and 
probably  signify  that  the  former  garment  was 
folded  over  at  the  top,  forming  an  As^sivyita, 
the  latter  plain  and  without  this  bib-like  fold. 
This  explanation  would  also  apply  to  the  difficult 
word  StirXets,  and  its  diminutive  ScvXottMr, 
these  simplv  being  doubled  shifts  of  the  former 
kind.  If  this  is  so,  the  ^fuSMrAolScor  may  be 
simply  a  shift  of  single  thickness  without  the 
upper  fold,  or  else  a  doubled  one  with  the  ^4^* 
mvyfiu  coming  down  half  its  length  (see  second 
cut  under  art.  Aeqis).  Of  the  remaining  epi- 
thets in  the  inscription,  the  most  important  are 
those  which  mark  off  two  shirta  as  **  a  man's  ** 
(MpMs)  and  **  a  boy's  "  (jco^^i  wotScios). 

Turning  to  the  monuments,  we  find  on  early 
black-figured  vases  (I)  that  old  men  wear  a  long 

ungirded  x'^^''  under  a  x^^**  (*^  ^S-  ^^ 
Peleus  under  Paluux,  p.  318  6).  This  fonn  of 
Xert»v  seems  to  have  been  known  as  the  x*^^ 
6pBocrdZi9Sf  which  Pollux  (vii.  49)  says  was 
not  girded.  This  fashion  of  dress  becomes  lets 
frequent  in  later  monuments,  a  short  x"^ 
reaching  down  to  the  knees  taking  its  place. 
This  change  is  described  by  Thocydides  (L  6), 
who  says  that  it  wasdnetoa  growing  simplicity 
of  manners  and  the  adoption  of  the  Spartan 
style  of  dress.  This  was  chiefly  seen  in  the 
adoption  of  the  rpOwv,  a  garment  which,  being 
a  mantle  or  plaid  rather  than  a  x'^^v  is  to  be 
classed  with  the  ffUkior.  [Paluum;  Tbibok.] 
This  long  ungirded  x*^^  6p$oariJU»s  remained 


TUNICA 


TUNICA 


905 


the  professional  g^bof  flate-plajers  and  harpers 
long  after  it  had  ceased  to  be  fashionable  in 
ordinary  nse.  The  flute-player  in  the  article 
Oapistbum,  and  the  well-known  statne  of  Apollo 
Citharoedas  in  the  Vatican  [see  cut  on  p.  318], 
both  wear  it.  In  early  Greek  rase-paintings, 
charioteers  also  are  nearly  always  represented  in 
this  long  x^^^%  leading  the  older  archaeologists 
in  same  cases  to  mistake  them  for  women.  An- 
other form  of  x<^<^*')  ^^  short  shirt  of  stont 
stuff  which  artisans,  labourers,  and  Hshers  wore, 
the  Ifynds^  has  been  described  in  an  article  by 
itself  [EXOMIS].  It  gets  its  name  from  the  fact 
that  it  was  worn  with  one  shoulder  bare.  (2)  The 
women,  on  the  other  hand,  in  archaic  art  wear 
the  old  irevAof :  but  on  early  red-figure  vases 
and  the  female  statues  discovered  in  1886  on  the 
Acropolis  at  Athens,  they  are  shown  wearing  a 
shift  under  their  mantles.  Later  on  in  vase- 
paintings  and  statuettes  of  the  latter  half  of  the 
6th  century,  some  are  represented  wearing  two. 
This  was  the  custom  in  Hellenistic  times,  but  is 
seldom  to  be  traced  in  the  art  of  the  5th  and 
4th  centuries.  Thu  is  no  doubt  due  to  the 
artistic  elimination  which  during  the  best  periods 
of  sculpture  and  painting  led  the  artists  to 
idealise  their  drapery.'  When  a  more  realistic 
school  grew  up  towards  the  end  of  the  4th 
century,  the  double  x"-*^^^  ^  often  seen  on  female 
figures,  especially  on  those  of  the  Muses.  (See 
out  on  p.  903.)  This  is  the  costume  which 
Praxinoa  puts  on  in  the  famous  zvth  Idyl  of 
Theocritus,  for  the  feast  of  Adonis  at  Alexan- 
dria. She  receives  her  visitor  in  nigligey  wear- 
ing only  a  x^'^'^t  ^^t  makes  her  outdoor  toilet 
by  putting  on  another  x*'''^''  fastened  at  the 
shoulders  with  a  brooch  (irtpoifaTpls,  1.  21 ;  cf. 
1.  34),  and  completes  it  by  wrapping  a  cloak 
^d/iWyoroy)  round  her. 

It  has  since  the  time  of  Miiller  been  cus- 
tomary to  divide  the  x'tAi'O  worn  by  Greek 
women  into  two  exhaustive  divisions,  Doric  and 
Ionic  He  gave  the  name  of  Dorian  chiton  to 
the  x<^^  trxifrr6sf  which  was  worn  bv  Spartan 

fir  Is.  This,  it  has  been  shown  in  the  article 
ALLA,  was  the  itpxoiv  ^cOiis  which  Herodotus 
speaks  of,  identifying  it  with  the  Awplf  iaB^s 
(r.  88).  It  was  in  fact  a  survival  of  the  older 
ir4w\os*  The  peculiarity  of  the  Spartan  woman 
was  that  she  wore  it  alone,  being  in  fact  fA0p6' 
wer\os  (Eur.  Hec,  933)  without  a  x*^^^  below. 
This,  as  the  side  was  open  («rxt<rr6t),  was  con- 
sidered indecent  in  the  rest  of  Greece,  and  many 
Are  the  sneers  in  the  poets  (Eur.  Androm,  595). 
The  offence  against  modesty  was  made  even 
greater  by  not  using  a  girdle  (cf.  Soph.  JV.  791, 
seal  r&y  rf^pror,  St  (r*  iaroKos  X'^^'^i  Bvpatoif 
itfii^  fiTiphwirr^irrrM^  *Zpfu6pa>f,  where  turrokos 
means  A^smtos).  It  has  been  remarked  in  Palla 
that  this  garment  was  not  called  x*^^^  ui*^>^ 
the  5th  century  B.C.,  and  it  should  be  noted 
that  Herodotus  in  this  passsge  is  careful  to  call 
it  iirS^s.  It  was  only  because  the  Spartan 
women  wore  it  as  a  single  garment  that  it  got 
the  name  Dorian.  This,  however,  does  not 
imply  that  it  was  unknown  in  other  parts  of 
Oreece,  where  it  was  worn  over  an  ordinary 
XtT«(y,  and  could  take  several  different  forms. 
The  distinction  between  Dorian  and  Ionic  should 
in  fact,  if  used,  refer  to  material  rather  than 
shape ;  for  while  the  Dorian  x^'''^''  was  of  wool, 
tha  Ionian  was  of  linen.     It  was  from  early 


times  characteristic  of  the  peoples  of  Asia  Minor, 
appearing  for  instance  on  archaic  monuments, 
like  the  statues  from  the  avenue  of  the  temple 
of  Branchidae,  now  in  the  British  Museum,  but 
had  already  in  the  6th  century  spread  over 
Greece  proper.  It  was  worn  even  in  Sparta,  and 
appears  on  both  men  and  women  on  most  of  the 
early  grave-relief:*  found  there,  so  that  even  on 
this  ground  the  distinction  breaks  down. 

8.  Roman.  At  Rome,  as  has  been  shown  in 
the  article  SUBuaACULUM,  the  shirt  or  tunica 
was  not  adopted  until  a  comparatively  late  date. 
This  is  all  the  stranger  when  one  considers  the 
universality  with  which  the  Etruscans  of  the 
5th  and  6th  centuries  B.a  are  depicted  dtessed 
in  it.  However,  in  the  last  three  centuries  of  the 
Republic  it  was  an  indispensable  garment,  worn 
under  their  cloaks  by  both  men  and  women. 

The  roan's  tunica  (itaUoa  viriiis)  was  prac- 
tically identical  with  the  last  two  forms  of  the 
Xvritv  described  above  (figs.  5  and  6),  being  two 
pieces  of  linen  or  woollen  cloth  sewn  together 
[cf.  Varro,  X.  L.  ix.  79, ''  Non  si  quis  tunicam 
in  usu  ita  (inusitate)  ita  oonsuit  ut  altera 
plagula  sit  angustis  clavis,  altera  latis  utraque 
in  suo  genere  caret  analogia  " :  cf.  Suet.  Aug,  94, 
'*Sumenti  virilem  togam  lati  clavi  resuta  ex 
utraque  parte  ad  pedes  decidit "].  Sleeves — ^that 
is  to  say,  sleeves  down  to  the  wrist — ^were  some- 
times worn,  but  such  tunicae  manicatae  (or 
manuleatae)  were  considered  effeminate  (Gellius, 
vi.  (vii.)  12 :  **  Tunicis  uti  virum  prolixis  utra 
brachia  et  usque  in  primores  manus  ac  props  in 
digitos  Romae  atque  in  omni  Latio  indecorum 
fuit.  Eas  tunicas  Graeco  vocabulo  nostri  chiro- 
dotas  appellaverunt,feminisque  solis  vestemlonge 
lateque  diffusam  indecere  exstrinaverunt : "  cf. 
ac  in  Cata,  ii.  10,  22 ;  Suet.  Jul.  45).  Under 
the  Empire,  however,  sucbWtmibatf  were  the 
ordinary  wear  of  every  one  (cf.  St.  Augustine, 
de  doctr.  Chr.  iii.  2,  20,  **  Talares  et  manicatas 
habere  apud  Romanos  veteres  flagitium  erat 
nunc  autem  honesto  loco  natis,  cum  tunicati  sunt 
non  eas  habere  flagitium  est "). 

At  Rome  it  was  usual  to  wear  two  shirts, 
one  over  the  other,  the  under  being  called  the 
tunica  interior  or  subucula.  Both  were  in  the 
earliest  times  of  wool,  and  indeed  it  was  not 
until  under  the  Empire,  in  the  4th  century  A.ft., 
that  linen  was  commonly  used  for  making  tunicae. 

The  tunica  was  worn  with  a  girdle  fastened 
round  it  at  the  loins,  and  its  length  could  be 
varied  simply  by  pulling  it  through  the  girdle. 
Quintilian  says  that  it  should  just  reach  below 
the  knees  in  front  and  a  little  lower  behind.  If 
however  it  is  a  tunica  with  the  latns  clavus,  it 
is  better  to  wear  it  without  a  girdle  at  all  (xi.  3, 
138-9,  '*Cui  lati  clavi  jus  non  erit  ita  cingatur 
ut  tunicae  prioribns  oris  infra  genua  pallum,  pos- 
terioribus  ad  medics  poplites  usque  perveniant. 
Nam  infra  mulierum  est,  supra  centurionim. 
Ut  purpurae  recte  descendant  levis  cnra  est. 
Notatur  interim  negligentia.  Latum  habentium 
clavus  modus  est  ut  sit  paullum  cinctis  sum- 
missior :  **  cf.  Suet.  JuL  54).  For  active  exercise, 
when  for  instance  one  was  travelling  (Hor.  Sat, 
i.  5,  6),  it  was  girded  higher. 

Iiidoors  the  girdle  was  thrown  aside  for  the 
sake  of  comfort  (Hor.  Sat.  ii.  1, 73),  but  to  appear 
in  public  without  it  (A'scinc^),  as  Maecenas 
often  did  (Sen.  Ep.  114,  4),  was  considered 
slovenly  (cf.  Hor.  Epod.  i.  34,  diacinctus  nepos). 


90C 


TUNICA 


It  nu  equllf  untidy  to  lat  one'a  ihirt  bug  too 
long,  for  this  uvoured  of  tfao  ibop-boy  or  the 
wonum  rather  thu  the  gfutlemui  (PUnt.  Piead. 
1268,  "Qnii  hie  homo  eit  cuni  tniudi  longii 
quasi  oaponiu?"  1303,  "Sane  gaoiu  hoc 
mnliebiioanm  cat  tnnicia  demUais;"  Cic  pro 
Qumt.  40,  111 ;  Hor.  Sat.  i.  S,  25;  Propfrt.  t. 
S,  36,  "  MuLdna  demiasia  Itutitor  in  tunicii "). 

Tfaa  tunica  girt  high  uid  tight  waa  tha  or- 
diuTj  dreaa  of  ■  alan  (Jnv.  iii.  93,  "HorrcDti 
tnniowD  HOD  redden  lerro:  "  cf.  Bor.  Sat.  IL  8, 
70)  and  of  fna  labourara  (Hor.  Ep.  i.  7,  65). 
If  >  oloak  ware  worn  hj  tha  aUra,  it  wonld  be 
■  Ktgutn  or  nmujn,  and  Cato,  the  oenaor,  con- 
tidered  an  allowsaca  of  ddb  tunica  .1}  feel  long 
■Dd  one  sagnm  to  each  alare  auEGcieot  for  two 
jean.  Thia  atjle  of  dreaa  ia  well  thotm  on  the 
figure  froni  Trajaa'a  Colnmn  given  ai  an  illnt- 
trMion  to  the  article  Fckda.  The  toaica  of 
tbe  legiooarj  waa  practicallr  the  lame  aa  thia, 
u  ma;  be  aeen  &om  r^tTeaentatioDa  of  aoldieii ; 


BomaD  laglDDarj.    (Fmm  Arch  of  Serfroa.) 
tbe  abora  figore,  for  initance,  from  tbe  Arch  of 
Saptimloa  ScTema.     Tbe  shirt  worn  by  ordinary 
eitinna  appeara  io  tbe  illDttrationi  on  p.  848. 

Tha  tunica  nntlwbrii,  or  thilt  of  Roman  women, 
did  not  dlBer  mueh  from  the  Greek  forma 
daacribed  aboTe.  It  traa  tbe  cuatom,  howeTer, 
to  wear  two  ihifla ;  the  apper  being  called  the 
itola,  the  latter  the  (union  intfrior,  nAucula, 
iMervia,  or  (in  late  Latin)  oamisia.  Tbe  article 
Stola.  treats  of  the  former,  and  ao  it  ia  oily  the 
MtacuJa  which  remaina  to  be  spoken  of.  The 
•ailieat  form  of  thii  garment  waa  tbe  Sdppa- 
Btni,  the  firat  liseo  garment  adopted  at  Rome. 
It  woa  worn  with  aleeTai,  if  tha  tti^  were 
wlthoni  them,  but  otherwlae,  exeept  at  the 
DMk,  ia  not  risible  in  sUtnea  fef.  the  atatae  of 
livia  in  tbe  article  Fuj.a),  and  is  in  most  cues 
not  repreaented  at  all.  Needleaa  to  aay,  litera- 
tnre  is  well-nigh  ailent  abont  it.  The  ngilla 
«r  tuntdo  recta  in  which  the  bride  waa  clod  on 
the  day  of  marriage  la  shows  oa  mthbI  aarG«- 


TUKBO 

phagns-reliefa.  It  did  not  differ  in  shape  from 
that  in  ordinary  aae,  but,  aa  ia  eiplaia«l  ngdcr 
Teu  (p.  769  a),  waa  of  *  special  teitan. 

(BoehLan,  Quatitkmtt  dt  rt  Vttliaria  Gnt- 
comm,  Weimar,  1884;  Stodoicaka,  Btitrigi  rit 
Q.  d.  altgr.  Traiid,  Vienna,  18S6 ;  Uaibig,  bat 
homtritelit  Epm,  1887,  pp.  115,  17a,  4c.;  W. 
Uoller,  Qwmtioma  Ytttiariat,  GattiDian,  18M; 
Baameister,  DeiJaaaUr,  art.  Chiton,  Tog*  (Tn- 
nica) ;  Iwao  Holler,  EaadimA,  PnttOalttriiatr, 
pp.  402,  413,  416,  422,  424,  431,  440,  804,  «!:>, 
927  ;  Marquordt,  Frieatiiibfit-  See  Index,  >.  r. 
TmKa.)  [W.  a  r.  A.) 

TtlBBO  (trrpifiilui,  fiiitBti}-  anything  that 
tuma  ninnd  with  a  whirring  noise :  heoc*  (I)  a 
top  (Cic.  d*  Joto,  16,  42;  Verg^^^  TJi.  3IB. 

passages  the  top  ia  a  ^  whipping-top,"  aacepi  ib 
the  paasage  of  Cicero,  where  the  o^UDBt  (m 
QelL  Tii.  2}  appeara  to  imply  a  tap  which,  irt 
going,  ia  left  to  spin  of  ilacif,  like  a  "  ha>mun|- 
top.''  In  Greek  there  aeem  to  be  distincl 
worda  for  the  two  kinda  of  topa  (c£  Gtasbergtr. 
Eriithvug,  L  77-80):  fii/ifiit  i*  <^-'^r  * 
whipping-top  (Aristopb.  At.  1461 ;  Claohal.  i^ 
Diog.  Laert  I  82) ;  and  it  is  eqnaUy  plain  thai 
w<  most  take  irrptfiAaa  in  Plat.  Jjsp.  iv. 
p.  436  E  and  Plat.  Lgiand.  13  to  be,  lik*  air 
hnmming-topa,  spnn  by  a  string,  witbaat  tlit 
laah  to  keep  it  going.  We  find  in  Horns  (if. 
li*.  41S)  tha  form  rrfiitfioi,  which  nay  be 
dther,  aa  for  as  the  aanaa  of  the  psMag*  guie^ 
na,  but  would  naturally  be  taken  as  =  rr^tflAo. 
Earn  is  given  by  Photioa  and  Heajchiiu  aa  a 
synonym  of  TrfifiOvn :  but  onr  only  deacriptioB 
of  it  retera  to  tha  religious  nae  aentwMd 
below  (3).  The  dictianariea  gire  "  top  "  aa  tht 
meaning  of  pififiaj,  citing  Enr.  BtL  K62, 
where,  however,  it  ia  clearly  not  a  tepj  and  its 
nae  is  religions.  W*  donbt  if  it  waa  ever  an 
equivalent  either  of  piiifiif  or  orptfiAai. 

(2)  Tnrbo  is  also  oaed  (Cat.  64,  314)  far  tbe 
whorl  (in^rluAsi)  of  a  •ptndla.  for  which  the 
usual  name  ia  vtrtKiilta  [PcHn],  In  the  ixr 
paaaagea  of  Pliny,  which  the  dicttonaiita  qnou 
for  thia  nae  of  the  word  (aa  alK>  in  Ov.  MA  u 
33BX  a  more  careful  eiaminotioB  will  shoe 
that  tttrio  is  there  used  merely  to  cxpnai  a 
oonical  ahape. 

(3)  The  preciae  form  of  the  inatnunant  ased  in 
religiooa  mjateriea  and  witchcraft,  and  ipoku 
of  aa  (w4o,  rAotabiw,  nmi  and  fipfit,  !•  • 
more  difficnlt  pnaile.  A  eompariaB*  ef  Ut 
authoritiea  in  Latin  and  Greek  leads  is  to  lb 
eonduioo  that  all  four  are  tbe  same  this;, 
which  was  called  icfi»f  becanae  of  ita  ahapa  abl 
^ififitt  becanae  of  the  sound  which  it  madt.  It 
ia  deacribed  by  dement  of  Alenadria(Pr«(Rr<. 
ii.  17  =  p.  16)  and  Amobina  aa  being  oaail  ia  the 
mysteries  of  Dionyana:  it  waa  attaehni  by  a 
atringandwhirledin  the  ait  with*  mshing  iMiH. 
aa  tbe  Scholiast  eiplaina  (sfirar  {sA^v  » 
^4rr«  Ti  ffitfirUr  koI  it  -nut  rsAarwi  Avvrri 
In  pat(p),  with  which  agTMi  tbt  pasta gt  <>' 
Euripides  mentioned  above,  where  the  ^ifB"  '^ 
the  Bacchanals  an  "whiried  nnnd  in  the  air." 
Similarly  in  tha  magic  use  we  find  tha  rioaiti 
tnmed  to  the  acoompaniment  of  tbe  incaatati« 
(Prop.  li.  28,  35)  by  mean*  of  stiii^  atlaefctJ 
to  it  (cf.  "ataminea,"  Id.  iii.  B,  26;  -bcia," 
Or.  Am.  i.  8,  7).  The  ntea  of  the  tnrbo  ia  Hiir. 
Epoi.  xvlL  1  and  Um  rhombna  in  Mail.  il.  ^' 


TUEIBULUM 


TURRIS 


907 


whUa   thi 


but  i 


thU 


conjimng. 


«  tb«  Tir7C  ia  bound  an  it  (cf.  Xta. 
iii.   11,   IT).     To  thit   itftn  tb<   mcDtio 
Pbotini,  fiitpn  tr  Ixouatr  of  ^iSft^fwri 
TEj/inror,  m  miBUJideralAndin^  of  which,  v 
tha  Schol.  ad.  Apoll.  Rhod.  i.  1139,  bu  ltd  to 
the  rtTHDge  idaa  that  the  pinBm  wu  •aniBtimet 
>  dnuo  01  ■  tunbonriDe.    We  may  tak«  Photini 
to    inaui   that   tht  lorceren    a»d   both    th< 
Thomboj  and  the  tympaaam 
ai  in  ^t  the  witch  in  Theo 
and  aa  tha  Baccbinali  did. 

Xi.  Andrew  I-ang  hai  argued  with  great 
ingennitjr  that  the  piitfiti  or  icfiivf  in  the 
mvtteriei  reHinbled  the  Aaitralian  tandim, 
wbieh  ig  whirled  round  by  a  itrlng,  making  a 
ruahing  noise,  and  ia  uwd  in  ncred  ritci 
(Cujton  and  Myth,  pp.  29  S.).  The  ahape, 
however,  in  Greece  we  must  imagine  to  hare 
been  that  of  a  cone  or  "peg-tup,"  not  pointed 
at  botb  enda  like  the  tumdnn  or  "  bull-roarer." 
That  in  ila  fint  origin  the  ^^fiai  or  vAni  wa« 
a  waathar-charm  aeeina  to  na  very  probable. 
Bat  we  think  it  leu  lilMlj  that  it  had  to  do 
with  raiaing  the  wind,  which  indeed  is  aeldom 
prayed  for,  than  with  attracting  the  ann.  It  b 
poaaible  that  a  ajmbolical  fignre  may  in  aoine 
religioai  niea  bare  been  bound  upon  it,  aa  the 
ri<7{  wai  In  aome  magical  practloea,  and  it  la 
(adly  coDoeiTable  that  the  lame  method  might 
be  employed  to  draw  the  haarenly  bndlea  and 
to  draw  human  beingi.  Tbrro  ia,  no  doabt, 
the  simpler  eiplanation  that  it  was  mod  in 
the  mysteries  aa  a  piaythiag  merely  to  repre- 
■ant  the  childhood  of  Dionysas  (cf.  Lobtck, 
AglaofAamut,  p.  700);  but  then  we  lose  ail 
due  to  its  magic  ose,  and  all  connexioD 
with  tha  limilar  mstomi  which  Mr.  Lang  baa 
adduced.  [O.  £.  H.] 

TUBl'BULUH  (fefuorV)- ■  «^'-  1'>" 
GrMks  and  Ramans,  when  they  sacrificed,  com- 


[Asa.]  But  also  they  used  a  censer,  by  means 
of  wblcb  tbej  burnt  the  incense  in  greater  pro- 
fnsion,  and  which  was  in  fact  a  small  movable 
.^icWtu(Aelian,  V.if.iu.51}.  It  was  not,  as  Rich 
represents  it,  like  the  iwiDging  censer  of  more 
modem  times,  but  in  shape  was  like  a  candela- 
bram,  of  s  design  Oriental  in  origio,  with  a 
shallow  braiier  on  the  top;  the  material  was 
nsnally  bronze,  but  aometime*  siNer  (Thac.  ri. 
46)  and  of  costly  workmanship  (Herod,  iv.  162  ; 
Cic  Yerr.  iv.  21,  46).  These  turibula  could  be 
CMriedinproces.ions(yT.iiii.  U  ;  cf.  Vai.  Mai. 
liL  8,  1).  The  tnribul*  represepted  above  are 
in  the  Britiah  Mueam.  The  turibulnm  was 
lifted  by  cordi  or  ribboua  attached,  as  is  seen 
in  fig.  1,  which  ii  of  UmcotU  with  the 
ancient  cord  attached,  found  at  Fayonm  :  Gg.  2 
repreaents  an  Etnucan  bronH  tnribslnm- 
(Blumner,  Primtalttrtk.  166;  Marqnardt- 
■     -  ■■-   iB'7\  n  VT    en  v  tM-\ 


167.)  [J.  y.]    [Q.  E.  M.] 

TURMA.    [EiEnornM,  Vol  L  p.  784.] 
■    TUBB18  {■Vl*'). «  t"""'- 

I.  Statioaan)  Touie™.— The  origlii  of  the 
tower  in  fortificntion  was  donbtless,  at  Ouhl 
and  Koner  and  others  have  remarked,  a  pro- 
jection of  the  wall  on  either  aide  of  tha  gate, 
to  enable  the  garrison  better  to  defend  the 
entrance  [see  under  Post*,  p.  467  ftj.  From 
this  swelling,  so  to  spesk,  of  the  town  wall  was 
doped  {t^.  at  Phigalia)  tht  round  or  iquare- 


■nch  an  addition  at  nnglei  of  the  wall  wia 
obvious,  and  it  became  alto  cnatomary  to  hnie 
many  sach  towera  Titing  at  InttTrala,  to  as  to 
form  ral lying-points  and  shalten  for  the  de- 
fenders, if  au  escalade  was  tttemptad.  Such 
were  the  to  Hers  on  the  walls  of  circumTollatioD 
at  Plataea  [cf.  MuBDB,  p.  186  al 

As  a  further  developmest,  they  were  erected 
within  cities,  partly  to  form  a  last  retreat  in 
case  the  city  should  be  taken,  and  partly  ta 
overawe  the  inhabitants.  In  almost  all  Oreek 
citite,  which  were  usually  built  upon  B  hill, 
rock,  or  some  natural  elevation,  there  was  ■  kind 
of  tower,  a  castle,  or  a  dtadel,  built  upon  the 
highest  part  of  the  rock  or  hill,  to  which  th« 
name  of  AorofK^it  was  given,  as  at  Corinth, 
Argos,  Measene,  and  many  other  placa.  Ho 
Capitolium  at  Rome  answered  the  same  pnrpot* 
aa  the  Acropolis  in  the  Greek  cities;  and  of  the 
same  kind  were  the  tower  of  Agathoclea  at  Utlca 
(Appian,  Pua.  14)  snd  that  of  Antonia  at  Jeru- 
salem (Joseph.  Bdl,  Jud.  T.  5,  §  8  ;  Act.  Apoitol. 
»i.  31). 

Lastly,  we  find  towers  itanding  alone  as. 
itrongholds,  such  as  the  tower  st  Andros  in- 
itanced  by  Guhl  and  Koner  (p.  68).  We  have 
further  eumplet  of  this  in  the  tower  of  Hanni- 
iD  hit  estate  between  Acholla  and  Thapiui 
(Liv.  iiiiii.  48);  the  hirvis  rtgia  of  JugUTtlia 
(Sallust,  Jug.  103);  the  tower  of  a  private 
itiien  without  the  walls  of  Carthage,  by  tha 
lelp  of  which  Scipio  took  the  city  (Appian,  Ptin. 
17);  and,  in  Spun,  the  tower  in  whidi  Cn. 
icipio  wu  burnt  (Appian,  Blip.  16).  Such 
ciwan  were  common  in  the  frontier  province* 
of  the  Roman  empire  (Ammian.  Uarcell.  uviii. 
2),  Sea  also  Guhl  and  Koner,  pp.  65  Bl ;  Droyaen, 
KritgtalUrth,  p.  2M  f. 

II.  MnvatAt  Taatn. — Tbne  wen  among  th« 


908 


TURRIS 


TUBBI8 


most  important  engines  used  in  storming  a  forti- 
fied place.  They  were  of  two  kinds.  Some  were 
made  so  that  they  could  be  taken  to  pieces  and 
carried  to  the  scene  of  operations :  these  were 
called  folding  towers  (w6pyoi  wtvktoI  or  hrrvY" 
fUvot,  turres  plicatiiesy  or  portable  towers, 
^ofniroi  wvpyot).  The  other  sort  were  con- 
structed on  wheels,  so  as  to  be  driyen  up  to  the 
walls ;  and  hence  they  were  called  ivrres  ambu- 
latoriaef  wHfrotaioief  or  mobiles^  w^pyoi  intirpoxoi 
(Veget.  It.  17 ;  Lir.  xxi.  11 ;  Onosand.  Strat, 
42).  But  the  iwrrei  ptioatiUs  were  generally 
made  with  wheels,  so  that  they  were  also  am6tf- 
iatoriae. 

The  first  inyention  or  improvement  of  such 
towers  is  ascribed  by  Athenaeus  the  mechanician 
•(quoted  by  Lipsius,  Oper,  vol.  iii.  p.  297)  to  the 
Qreeks  of  Sicily  ini  the  time  of  Dionysius  1.  (B.a 
405).  Diodorus  (xIy.  51)  mentions  towers  on 
wheels  as  used  by  Dionysius  at  the  siege  of  Motya. 
He  had  before  (xiii.  54)  mentioned  towers  as  used 
at  the  siege  of  Selinus  (b.c.  409X  but  he  does 
not  say  that  they  were  on  wheels.  According 
to  others,  they  were  invented  by  the  engineers 
in  the  service  of  Philip  and  Alexander,  the  most 
famous  of  whom  were  Polyidus,  a  Thessalian, 
who  assisted  Philip  at  the  siege  of  Byzantium, 
«nd  his  pupils  Chaereas  and  Diades  (Vitruv.  x. 
19,  s.  13).  Heron  (c.  13)  ascribes  their  inven- 
tion to  Diades  and  Chaereas,  Vitruvius  (/.  c.)  to 
Diades  alone,  and  Athenaeus  {I,  c.)  says  that  they 
were  improved  in  the  time  of  Philip  at  the  siege 
of  Byzantium.  Vitruvius  states  that  the  towers 
•of  Diades  were  carried  about  by  the  army  in 
separate  pieces.  Respecting  the  towers  used  by 
Demetrius  Poliorcetes  at  the  siege  of  Rhodes,  see 
Helepous. 

Appian  mentions  the  turres  plicatUes  {B.  C, 
T.  36,  37),  and  states  that  at  the  siege  of 
Rhodes  Cassius  took  such  towers  with  him  in 
his  ships,  and  had  them  set  up  on  the  spot  (•&. 
▼.  72). 

Besides  the  frequent  allusions  in  ancient 
writers  to  the  movable  towers  {turres  molnleSj 
Liv.  xxi.  11),  we  have  particular  descriptions  of 
them  by  Vitruvius  (x.  19,  s.  13)  and  Vegetius 
<iv.  17). 

They  were  generally  made  of  beams  and 
planks,  and  covered,  at  least  on  the  three  sides 
which  were  exposed  to  the  besieged,  with  iron, 
not  only  for  protection,  but  also,  according  to 
Josephus,  to  increase  their  weight  and  thus 
make  them  steadier.  They  were  also  covered 
with  raw  hides  and  quilts,  moistened,  and  some- 
times with  alum,  to  protect  them  from  fire. 
The  use  of  alum  for  this  purpose  appears  to 
have  originated  with  Sulla  at  the  siege  of 
Athens  (Amm.  Marc  and  Claud.  Quadrig.  ap. 
Lips.  p.  300).  Their  height  was  such  aa  to 
overtop  the  walls,  towers,  and  all  other  fortifi- 
cations of  the  besieged  place  (Liv.  xxi.  11). 
Yitruvias  (/.  c),  following  Diades,  mentions 
two  sizes  of  towers.  The  smallest  ought  not, 
he  says,  to  be  less  than  60  cubits  high,  17  wide, 
and  one-fifbh  smaller  at  the  top ;  ■  and  the 
greater  120  cubits  high  and  23J  wide.  Heron 
(c.  13),  who  also  follows  Diades,  agrees  with 
Yitruvias  so  far,  but  adds  an  intermediate  size, 
half-way  between  the  two,  90  cnbits  high. 
Vegetius  mentions  towers  of  30,  40,  and  50  feet 
square.  They  were  divided  into  stories  (tabu- 
lata  or  ieda),  and  hence  they  are  called  tvares 


comtabulatae  (Liv.  xxi.  34).  Towers  of  the  three 
sizes  just  mentioned  consisted  respectively  of 
10,  15,  and  20  stories.  The  stories  decreased  in 
height  from  the  bottom  to  the  top.  Diades  and 
Chaereas,  according  to  Heron,  made  the  lowest 
story  7  cubits  and  12  digits,  those  about  the 
middle  5  cubita,  and  the  upper  4  cubits  and  one- 
third  of  a  cubit. 

The  sides  of  the  towers  were  pierced  with 
windows,  of  which  there  were  several  to  each 
story. 

These  rules  were  not  strictly  adhered  to  in 
practice.  Towers  were  made  of  6  stories,  and 
even  fewer  (Diod.  xiv.  51).  Those  of  10  stories 
were  very  common  (Hirt.  BtlL  OaU,  viii.  41 ; 
Sil.  Ital.  xiv.  300),  but  towers  of  20  stories  are 
hardly,  if  ever,  mentioned.  Plutarch  (Lvcull. 
10)  speaks  of  one  of  100  cubits  high  used  by 
Mithridates  at  the  siege  of  Cyzicus. 

The  use  of  the  stories  was  to  receive  the 
engines  of  war  [Tormekta],  and  slingers  and 
archers  were  stationed  in  them  and  on  the  tops 
of  the  towers  (liv.  xxi.  11).  In  the  lowest 
story  was  a  battering-ram  [Aries]  ;  and  in  the 
middle  one  or  more  bridges  {pontet)  made  of 
beams  and  planks,  and  protected  at  the  sides  fay 
hurdles ;  or  drawbridges  [Sam bugae}  Scaling- 
ladders  {tcaiae}  were  also  carried  in  the  towers, 
and,  when  the  missiles  had  cleared  the  walls, 
these  bridges  and  ladders  enabled  the  besiegers 
to  rush  upon  them. 

The  towers  were  placed  upon  wheels  (gene- 
rally 6  or  8),  that  they  might  be  brought  up  to 
the  walls.  These  wheels  were  placed  for  secu- 
rity inside  of  the  tower. 

The  tower  was  built  so  fiir  from  the  besieged 
place  as  to  be  out  of  the  enemy's  reach,  and 
then  pushed  up  to  the  walls  by  men  stationed 
inside  of  and  behind  it  (Caesar,  B,  G.  it  30,  31  ; 
Q.  Curt.  viii.  10).  The  attempt  to  draw  them 
forward  by  beasts  of  burthen  was  sometimes 
made,  but  was  easily  defeated  by  shooting  the 
beasts  (Procop.  BeiL  Gcih.  i  21).  They  were 
generally  dragged  up  the  AOOER  (Hirtius,  /.  c), 
and  it  not  unfrequently  happened  that  a 
tower  stuck  fast  or  fell  over  on  account  of  the 
softness  of  the  agger  (Liv.  xxxiL  17 ;  Q.  Curt, 
iv.  6,  §  9).  They  were  placed  on  the  agger 
before  it  was  completed,  to  protect  the  soldiers 
in  working  at  it  (Sail.  Jvgwth.  73;  Caesar, 
B.  G,  vii.  22).  When  the  tower  was  brought  up 
to  the  walls  without  an  agger,  the  ground  was 
levelled  before  it  by  means  of  the  MuscULUS. 

These  towers  were  accounted  most  formidable 
engines  of  attack.  They  were  opposed  in  the 
following  ways. 

1.  They  were  set  on  fire,  cither  by  sallies  of 
the  besieged,  or  by  missiles  carrying  buming 
matter,  or  by  letting  men  down  from  the  walls 
by  ropes,  close  to  the  towers,  while  the 
besiegers  slept  (Veget  iv.  18;  SiL  ItaL  xiv. 
305). 

2.  By  undermining  the  ground  over  which 
the  tower  had  to  pass,  so  as  to  overset  it  (Veget, 
iv.  20). 

3.  By  pushing  it  off  by  main  force  by  iron- 
shod  beams,  caseres  or  trabea  (Veget.  /.  c). 

4.  By  breaking  or  overturning  it  with  stones 
thrown  from  catapults,  when  it  was  at  a 
distance,  or,  when  it  came  close  to  the  wall,  by 
striking  it  with  an  iron-shod  beam  hung  from  a 
mast  on  the  wall,  and  thus  resembling  an  Aries. 


TUTELA 


TUTOR 


909 


5.  Bj  increasing  the  height  of  the  wall  ;*  first 
with  masonry,  and  afterwards  with  beams  and 
planks,  and  also  by  the  erection  of  temporary 
wooden  towers  on  the  walls  (Caesar,  B.  0.  vii. 
22 ;  Veget.  iv.  19).  This  mode  of  defence  was 
answered  by  the  besiegers  in  two  ways.  Either 
the  agger  on  which  the  tower  stood  was  raised, 
as  by  Caesar  at  the  siege  of  Avaricum  {B,  G, 
1.  c.%  or  a  smaller  tower  was  constrncted  within 
the  upper  part  of  the  tower,  and  when  com- 
pleted was  raised  by  screws,  and  ropes  (Veget, 
/.  c).  On  these  towers  in  general  see  Lipsins, 
Polioroet,  in  Oper,  vol.  iii.  pp.  296-356. 

III.  Caesar  {B,  C,  ii.  8-9)  describes  a  peculiar 
sort  of  tower,  which  was  invented  at  the  siege 
of  Massilia,  and  called  turris  iatericioy  or  lat^ 
cuium.  It  partook  somewhat  of  the  character 
both  of  a  fixed  and  of  a  besieging  tower.  It 
was  built  of  masonry  near  the  walls  of  the  town 
to  afford  the  besiegers  a  retreat  from  the 
sudden  sallies  of  the  enemy ;  the  builders  were 
protected  by  a  movable  cover ;  and  the  tower 
was  pierced  with  windows  for  shooting  out 
missiles. 

IV.  Towers  in  every  respect  similar  to  the 
turres  ambuhtoriae  (excepting,  of  course,  the 
wheels)  were  constructed  on  ships,  for  the 
attack  of  fortified  places  by  sea  (Caes.  B^.  Civ, 
iii.  40 ;  Liv.  xxiv.  34 ;  Appian,  Mith,  73,  Bell. 
Civ.  V.  106 ;  Amm.  Marc  xxj.  12). 

V.  Small  towers  carrying  a  few  armed  men 
were  placed  on  the  backs  of  elephants  used  in 
battle  (Liv.  xxzrii.  40). 

(Marquardt,  Staataverw,  ii.  532  f. ;  Droysen, 
Gr,  Kriegaalterth,  313  ff.)  [P.  S.]  [G.  E.  M.] 
TUTB'LA.  [Tutor.] 
TUTE'LAB  ACTTIO.  [Tutor.] 
TUTOR.  There  were  two  forms  of  guardian- 
ship in  Roman  law,  the  ttstela  and  the  euro,  which 
must  be  carefully  distinguished.  The  differ- 
ence between  them  is  explained  in  the  article 
Curator.  According  to  the  law  of  the  Twelve 
^  Tables,  persons  not  under  patria  potestas,  who 
by  reason  of  age  or  sex  were  incapable  of  acting 
for  themselves,  were  under  the  protection  of  a 
tutor  for  their  own  interest  and  for  the  interest 
of  those  who  might  be  their  heredes.  In  the 
case  of  such  persons  a  tutor  supplied  to  some 
extent  the  place  of  a  paterfamilias.  (Cf.  Paul. 
Fntg,  Vat.  304,  ^  tutores  quasi  parentes  proprii 
pupiilorum  sunt.")  The  protection  of  the  tutela 
was  given  to  impuberes  and  to  women.  A 
tutor  derived  his  name  ^  a  tuendo  "  from  pro- 
tecting another.  (Inst.  i.  13,  2 ;  cf.  Isid.  Orig, 
X.  264,  ^Hutor:  qui  pupillum  tuetur,  hoc  est 
intuetur/*)  The  tutela  or  function  of  a  tutor 
is  thus  defined  by  Servius  Sulpicius,  as  cited  by 
Paulus  (Dig.  26,  1,  1):  *<  Tutela  est  vis  ac 
potestas  in  capita  libero  ad  tuendum  eum  qui 
propter  aetatem  »vui  aponte  se  defendere  nequit, 
jure  civili  data  ac  permissa : "  '*  sua  sponte  **  is 
probably  an  interpolation  for  '*vel  sexum," 
which  latter  words  would  not  be  applicable 
when  the  tutela  mulierum  had  become  obsolete 
(Voigt,  Zvdlf  Tafeln,  §  110,  n.  6). 

The  tutela  was  a  kind  of  potestas,  according  to 
the  old  law ;  a  power  similar  to  the  patria  potea- 
tas,  but  of  a  much  more  reatricted  character.  The 
power  was  to  be  used  for  the  purpose  of  protec- 
tion, and  hence  tutela  implies  duty  (pfficAan)  as 
well  as  right.  The  object  of  this  right  and  duty 
was  tfi  iutela  (Gainsi  i.  142 ;  Cic  pro  Bote,  Com. 


6,  16);  while,  on  the  other  hand,  a  person  who 
was  his  own  master  was  said  suae  tvUlae  esse 
(Dig.  32,  1,  50,  1 ;  cf.  Voigt,  /.  c,  note  2).  As 
to  the  classification  of  the  different  kinds 
(genera)  of  tutela,  the  jurists  differed.  Some 
made  five  genera,  as  Quintus  Mucins;  others 
three,  as  Servius  Sulpicius ;  and  others  two,  as 
Labeo.  The  most  convenient  division  is  into 
two  genera, — ^the  tutela  of  impuberes  (jpupUliy 
pupUlae),  and  the  tutela  of  women.  The  pupil- 
lus  or  the  pupilla  is  the  male  or  female  who  ia 
under  tutela.  C 

Every  paterfamilias  had  power  to  appoint  by 
testament  a  tutor  for  his  children  who  were  in 
his  power :  if  they  were  males,  only  in  case  they 
were  impuberes ;  if  they  were  females,  also 
while  the  perpetua  tutela  mulierum  existed,  in 
case  they  were  above  the  age  of  puberty  (Oaius, 
i.  144).  Therefore,  if  a  tutor  was  appointed  for 
a  male,  he  was  released  from  the  tutela  on 
attaining  puberty  (fourteen  years  of  age),  but 
the  female  still  continued  in  tutela,  unless  she 
was  released  from  it  by  a  special  exemption, 
as  by  the  Jus  Liberorum  under  the  Lex  Julia 
et  Papia  Poppaea.  A  man  could  only  appoint  a 
tutor  for  his  grandchildren,  when  they  would 
not  upon  hia  death  come  into  the  power  of  their 
father.  A  father  could  appoint  a  tutor  for 
postumi,  provided  they  would  have  been  in  hia 
power,  if  they  had  been  born  in  his  lifetime.  A 
man  could  appoint  a  tutor  for  his  wife  in  manu^ 
and  for  his  daughter-in-law  (fitcms)  who  was  in 
the  menus  of  his  son.  The  usual  form  of  ap- 
pointing a  tutor  was  this :  **  Lucium  Titium 
Liberie  meis  tutorem  do."  A  man  could  also 
give  his  wife  in  manu  the  power  of  choosing  a 
tutor  (tutoris  optio);  and  the  optio  might  be 
either  plena  or  angusta.  She  who  had  the  plena 
optio  might  either  choose  a  tutor  who  was  to  act  ' 
for  her  in  all  her  transactions,  or  might  choose 
a  tutor  from  time  to  time  to  act  in  particular 
transactions:  she  who  had  the  angusta  optio 
was  limited  in  her  choice  to  the  number  of 
times  which  the  testator  had  fixed  (Gains,  i. 
150,  &c.). 

The  power  to  appoint  a  tutor  by  will  was  • 
either  given  or  confirmed  by  the  Twelve  Tables  J 
The  earliest  instance  recorded  of  a  testamentary 
tutor  is  that  of  Tarquinius  Priscns  being  ap- 
pointed by  the  will  of  Ancus  (Liv.  L  34),  which 
may  be  taken  to  prove  this  much  at  least,  that 
the  power  of  appointing  a  tutor  by  will  was- 
considered  by  the  Romans  as  one  of  their  oldest 
legal  institutions.  The  nearest  kinsmen  were 
usually  appointed  tutores ;  and  if  a  testator  . 
passed  over  such,  it  was  a  reflection  on  their 
character  (Cic  pro  P.  SextiOf  52), — that  is,  we 
must  suppose,  if  the  testator  himself  was  a  maa 
in  good  repute.  Persons  named  and  appointed 
tutores  by  a  will  are  called  by  Gains  tutores 
dativi;  in  the  legislation  of  Justinian  tutor 
dativus  means  a  tutor  appointed  by  a  magis- 
trate (Dig.  46,  6,  7 ;  0)d.  5,  30,  5),  a  tutor 
appointed  by  will  being  tutor  testamentarius ; 
those  who  were  chosen  under  the  power  given 
by  a  will  were  tutores  cpthri  (Gains,  i.  154). 

If  the  testator  appointed  no  tutor  by  his  will,  ^ 
the  tutela  was  given  by  the  Twelve  Tables  to 
the  nearest  agnati  of  the  impubes,  and  such 
tutores  were  called  legitimL  The  nearest  agnati 
were  also  the  heredes  in  case  of  the  impubes 
dying  intestate  and  without  issue,  and  the  tutela 


910 


TUTOR 


was  therefore  a  right  which  they  claimed  as 
well  as  a  daty  imposed  on  them.  Perseas  (ii. 
12)  alludes  to  the  claim  of  the  tutor  as  heres 
to  his  pnpillus.  A  brother  who  was  pabes  was 
the  legitimus  tutor  of  a  brother  who  was  im- 
pubes;  and  if  there  was  no  brother  who  was 
pubes,  the  son  who  was  impubes  had  his  father's 
brother  {patruia)  for  his  tutor.  The  same  rule 
applied  to  females  also,  till  it  was  altered  by  a 
Lex  Claudia,  which  abolished  the  tutela  legitima 
of  women.  If  there  were  several  agnati  in  the 
same  degree,  they  were  all  tutores.  If  there 
were  no  agnati,  tne  tutela  belonged  to  the  gen- 
tiles, so  long  as  the  Jus  Gentilicium  was  in 
force  (Gains,  iii.  17,  and  i.  164).  Perhaps  the 
agnatorum  tutela  legitima  was  created  by  the 
Twelre  Tables,  the  tutela  having  previously 
devolved  at  once  on  the  gens,  if  the  impubes 
belonged  to  one.  The  tutela  in  which  a  nreed- 
man  was  with  respect  to  his  patronus  was  also 
legitima;  not  that  it  was  expressly  given  by  the 
words  {lex)  of  the  Twelve  Tables,  but  it  flowed 
from  the  lex  as  a  consequence  {per  conseqtten- 
tiam,  Ulp.  Frag.  tit.  11);  for  as  the  hereditates 
of  intestate  liberti  and  libertae  belonged  to  the 
patronus,  it  was  assumed  that  the  tutela  be- 
longed to  him  also,  since  the  Twelve  Tables 
allowed  the  same  persons  to  be  tutors  in  the 
case  of  an  ingenuus,  to  whom  they  gave  the 
hereditas  in  case  there  was  uo  suus  heres 
(Gains,  i.  165). 

If  a  free  person  had  been  mancipated  to  another 
either  by  his  parent  or  coemptionator,  and  such 
other  person  manumitted  the  free  person,  he 
became  his  tutor  fiduciarius  by  analogy  to  the 
case  of  freedman  and  patron.  (Compare  Gains,  i. 
166,  with  Ulp.  Frag.  tit.  11,  s.  5.)    [Emanci- 

PATIO;   FiDUCIA.] 

If  an  impubes  had  neither  a  tutor  testa- 
mentflrius  nor  legitimus,  he  had  one  given  to 
him  in  Rome,  under  the  provisions  of  the  Lex 
Atilia,  by  the  praetor  urbanus  and  the  major 
part  of  the  tribuni  plebis  (as  to  the  date  of  this 
law,  cf.  Liv.  xxxix.  9) ;  in  the  provinces  in  such 
cases  a  tutor  was  appointed  by  the  praesides 
under  the  provisions  of  the  Lex  Julia  et  Titia, 
B.C.  31.  [Lex  Julia  et  Titia.]  If  a  tutor 
was  appointed  by  testament  either  sub  coti' 
didone  or  ex  die  certo,  a  tutor  might  be  given 
under  these  leges  so  long  as  the  condition  had 
not  taken  effect  or  the  day  had  not  arrived :  and 
even  when  a  tutor  had  been  appointed  absolutely 
(jMirtf),  a  tutor  might  be  given  under  these  leges 
until  the  will  should  take  effect  by  the  heres 
under  it  taking  the  inheritance ;  but  the  power 
of  such  tutor  ceased  as  soon  as  there  was  a  tutor 
under  the  testament, — that  is,  as  soon  as  the 
testament  took  effect  by  the  existence  of  a 
heres  under  it.  If  a  tutor  was  captured  by  the 
enemy,  a  tutor  was  also  given  under  these  leges, 
but  such  tutor  ceased  to  be  tutor  as  soon  as 
the  original  tutor  returned  from  captivity,  for 
he  recovered  his  tutela  Jure  Postliminii. 

Even  before  the  passing  of  the  Lex  Atilia 
tutors  were  given  by  the  praetor  in  other  cases, 
a»  for  instance,  when  the  legis  actiones  were  in 
use,  the  praetor  appointed  another  tutor  if  there 
was  any  action  between  a  tutor  and  a  woman  or 
ward,  for  the  tutor  could  not  give  the  necessary 
authority  {auctoritas)  to  the  acts  of  those  whose 
tutor  he  was,  in  a  matter  in  which  his  own 
interest  was  concerned.    Other  cases  in  which 


TUTOR 

a  tutor  was  given  are  mentioned  by  Ulpian, 
Frag.  11. 

Ulpian's  division  of  tutores  is  into  Legltimi, 
Senatusconsultis  constituti,  and  Moribus  intro- 
ducti.  His  legitimi  tutores  comprehend  all  those 
who  become  tutores  by  virtue  of  any  lex,  md 
specially  by  the  Twelve  Tables:  accordingly^ 
it  comprises  tutores  in  the  case  of  intestacy, 
tutores  appointed  by  testament,  for  they  were 
confirmed  by  the  Twelve  Tables,  and  tutores 
appointed  under  any  other  lex,  as  the  Atilia^' 
Various  senatusconsnlta  declared  in  what  cases 
a  tutor  might  be  appointed  ;  thus  the  Lex  Julia 
de  maritandis  ordinibus  (Papia  et  Poppaea) 
enacted  that  the  praetor  should  appoint  a  tutor 
for  a  woman  or  a  virgin,  who  was  required  to 
marry  by  this  law,  **  ad  dotem  dandam,  dioendam, 
promittendamve,"  if  her  legitimus  tutor  was 
himself  a  pupillus :  a  senatuscoosnltum  extended 
the  provision  to  the  provinces,  and  enacted  that 
in  such  case  the  praesides  should  appoint  a 
tutor;  and  also  that,  if  a  tutor  was  mntos  or 
furiosus,  another  should  be  appointed  for  the 
purposes  of  the  lex.  The  case  above  mentioned 
of  a  tutor  being  given  in  the  case  of  aa  action 
between  a  tutor  and  his  ward,  is  a  case  of  a 
tutor  moribus  datusf  that  is,  appointed  according 
to  customary  law.  In  the  Imperial  period  from 
the  time  of  Claudius,  tutores  extra  oittinem  were 
appointed  by  the  consuls  also. 

Only  civee  or  those  who  had  the  jus  oommercU 
could  be  tutores.  Thus  a  person  could  not  be 
named  tutor  in  a  testament,  unless  he  had  the 
testamentifactio  with  the  testator,  a  rule  which 
excluded  such  persons  as  peregrini.  The  Latini 
Juniani  were  excluded  by  the  Lex  Junia  (Gains, 
i.  23).  Women  could  not  be  tutores.  Filii- 
familias  could  be  tutores  as  well  as  paterfamilias. 
The  tutela  was  a  publicum  munus,  and  hence 
persons  wefe  bound  to  serve  when  called  on, 
unless  they  were  under  some  incapacity  or  could 
excuse  themselves  on  some  valid  legal  gxvnnd : 
grounds  of  excuse  {excusationes)  were  age, 
absence,  the  being  already  tutor  in  other  cases, 
the  holding  of  particular  offices,  and  others 
which  are  enumerated  in  the  Fragmenta  Vati- 
cana  (123-247),  and  by  Justinian  in  his  Insti- 
tutes (i.  25). 

The  power  of  the  tutor  was  mainly  concerned 
with  the  property  and  pecuniary  interests  of  the 
pupillus.  The  custody  of  the  ward's  person 
was  generally  assigned  by  the  magistrate  to  one 
of  his  near  relations,  who  might  or  might  not 
be  the  same  person  as  the  tutor.  The  care  of 
the  child  belonged  to  the  mother,  if  she  snrriTcd 
{custodia  mairvnij  Hor.  Ep.  i.  1,  22 ;  Dionya.  viii. 
51 ;  lav.  xxxix.  9, 1 ;  Sen.  ad  Marc.  24y  1),  unless 
the  father  had  otherwise  disposed  in  his  will.  In 
a  case  mentioned  by  Livy  (iv.  9),  where  the  mother 
and  the  tutores  could  not  agree  about  th«  mar- 
riage of  the  mother's  daughter,  the  magistratus 
decided  in  favour  of  the  mother's  power  {secundum 
parentis  orMMicm).  But  it  was  the  duty  of  the 
tutor  to  exercise  a  supervision  over  the  pupillos, 
and  to  see  that  he  was  properly  educated  and 
cared  fbr.  (Cf.  Dig.  26,  7, 12,  3 :  <*  Cum  tutor 
non  rebus  dumtaxat,  sed  etiam  moribus  ptxpilli 
praeponatur ; "  Dig.  27,  2;  Cod.  5,  49.)  In  re- 
spect of  property  the  tutor's  office  was  ^  negotia 
gerere  et  auctoritatem  interponere,"  though  only 
the  auctoritatis  interpositio  was  abeolutcly  es- 
sential to  the  notion  of  tutela;  the  admimtstr*- 


TUTOR 

tion  of  property  (rem  gerere)  not  belonging  to 
the  tutor  of  mulieres. 

Auctoritatem  interponere,»^A  pnpillnt  who 
was  an  infan« — that  is,  below  the  age  of  seyen 
— coald  not  perform  anj  legal  act.  A  pnpillns 
(fiiajor  m/antid)  could  do  no  act  hr  which  he 
diminished  hi:i  property  without  the  sanction 
(auctoriUu)  of  his  tutor,  but  any  act  to  which 
he  was  a  party  was  valid,  so  far  as  concerned 
the  pupillns,  if  it  was  for  his  advantage.  Con- 
sequently a  pupil  could  contract  obligationes, 
which  were  for  his  advantage,  without  his  tutor 
(Gains,  iii.  107>  Thus  the  natural  act  of  the 
pupillns  became,  by  auctoritatis  interpositio  of 
the  tutor,  a  legal  act ;  and  thus  the  pupillns 
and  his  tutor  formed  one  complete  person,  as  to 
legal  capacity  to  act.    [Infams;  Impubes.] 

No  particular  form  was  required  for  the 
expression  of  the  tutor's  auctoritas,  but  it 
had  to  be  given  by  the  tutor  himself  when 
the  pupillns  entered  into  the  transaction  which 
required  it  (m  ipto  negciio)'y  it  could  not  be 
transmitted  by  letter  or  by  a  messenger,  and 
it  had  to  be  unconditional  (Inst.  i.  21,  2 ; — Dig. 
26,  8,  8 ;  9,  5).  It  could,  generally  speaking, 
be  withheld  by  the  tutor  of  an  impubes  at  his 
discretion. 

Auctoritas  was  neoe^ry  in  order  to  give 
legal  effect  to  any  act  of  a  pupillns,  by  which 
he  might  suffer  loss,  bnt  a  pnpillns  might 
acquire  rights  for  himself  without  auctoritas 
(Inst.  i.  21,  pr.).  Thus  a  pupillns  could  not 
alienate  his  property  without  the  concurrence 
of  his  tutor,  but  he  could  receive  property  by 
alienation  to  him  simply  by  his  own  act;  so 
too,  though  he  could  not  contract  an  obligation 
without  his  tutor's  intervention,  he  did  not 
require  auctoritas  in  order  to  bind  others  by 
a  contract  with  him.  The  incapacity  of  the 
pupillns  is  shown  by  the  following  instance : — 
If  his  debtor  paid  a  debt  to  the  pupillns,  the 
money  became  the  property  of  the  pupillns, 
but  the  debtor  was  not  released,  because  the 
pupillus  might  suffer  loss  by  releasing  his 
debtor  unless  with  the  co-operation  of  his 
tutor;  if^  however,  the  pnpillns  afterwards 
sued  for  the  debt,  while  still  retaining  the  benefit 
of  the  payment  which  had  been  made  to  him, 
the  praetor  allowed  the  debtor  an  ezceptio  doli 
(Gaius,  it.  84 ;  Cic.  Top.  11).    [IXFasBS.] 

As  the  act '  which  was  made  valid  by  the 
sanction  of  the  tutor  was  the  act  of  the  im- 
pubes, it  follows  that  the  auctoritas  had  no 
application  in  the  case  of  a  pupillns  altogether 
incapable  of  performing  an  illegal  act ;  and  so, 
as  an  infant  or  person  who  had  not  completed 
his  seventh  year  was  thus  incapable,  it  was  not 
till  a  pnpillns  was  major  innntia  that  auc- 
toritas could  be  gi^en  to  his  acts. 

Bern  g€rere,—^h9  tutor  had  the  administra- 
tion of  the  property  of  the  pupillus  (rem,  nega- 
Hum  gerere\  and  was  bound  to  exercise  this  part 
of  his  function  according  to  the  best  of  his  ability. 
It  was  his  duty  to  prevent  the  property  of  the 
pupillus  from  suffering  any  loss  that  he  could 
avoid,  and  to  make  such  profit  from  the  property 
as  it  was  fairly  capable  of.  The  tutor  was  liable 
to  the  pnpillns  not  only  on  account  of  dolus,  hut 
also  for  such  negligence  as  he  did  not  show  in  the 
management  of  his  own  property  (I>ig.  27,  3,  1, 
pr. :  *'In  oDEmibns,  quae  fecit  tutor,  cum  facere 
non  deberet,  item  in  his,  quae  non  fecit,  rattonem 


TUTOB 


911 


reddet  hoc  judicio,  praestando  dolum,  eulpam 
et  qnantnm  in  rebus  suis  diligentiam ").  The 
obligation  between  the  tutor  and  the  pupillus 
was  one  of  those  arising  qiiasi  ex  contractu 
(Inst.  iii.  27,  2)..  By  an  oratio  of  the  Emperor 
Septimins  Severus  it  was  enacted  that  the  tutor 
should  be  incapable  of  alienating  praedia  rustica 
and  praedia  suburbana  of  the  pupillus,  unless 
under  an  order  of  the  magistrate ;  and  this  rule 
was  extended  to  other  property  of  the  pupillus, 
excepting  things  of  little  value  and  superfluous 
things  (Dig.  27,  9 ;  Cod.  5,  71). 

The  principle  of  allowing  the  tutor  to  re- 
present the  pupillus  in  legal  transactions  was 
gradually  admitted.  If  property  was  conveyed 
by  mancipium  or  in  jure  cessio  to  a  tutor  as 
negoUontm  gestor  of  pupillus,  the  tutor  alone 
acquired  le^  ownership  of  it,  but  in  course  of 
time  the  praetor  gave  pupillus  vindicatio  utUis 
for  the  recovery  of  it.  If  property  was  conveyed 
bv  traditio  to  tutor  on  account  of  the  pupillus, 
the  latter  acquired  possession  of  it  in  the  time 
of  Justinian,  and  so  direct  ownership  of  it. 
[DoMnnuM.]  The  tutor  was  first  allowed  to 
acquire  choees  in  action  for  the  pupillus  in  case  of 
the  pupillus  infans  having  no  slave,  the  pupillns 
being  allowed  to  maintain  a  right  thus  acquired 
by  actio  utilis:  this  principle  was  extended  to 
pupilli  who  were  at  a  distance  from  the  tutor, 
and  finally  was  made  applicable  in  all  cases. 
It  is  to  be  remembered  that  a  pupillus  could 
always  acquire  rights  through  his  slaves.  A 
tutor  could  only  bind  the  pupillus  when 
authorised  to  do  so  by  the  magistrate.  A 
tutor  could  maintain  actions  on  account  of  his 
pupillus  (Inst.  iv.  10,  pr. ;  Gains,  iv.  82). 

In  order  to  secure  the  proper  management 
of  the  property  of  a  pupillus  or  of  a  person 
who  was  in  curatione,  the  praetor  required  the 
tutor  or  curator  to  give  security;  but  no 
security  was  required  from  testamentary 
tutores,  because  they  had  been  selected  by 
the  testator;  nor,  generally,  from  tutores 
appointed  by  a  consul,  praetor  or  praeses,  for 
they  were  appointed  as  being  fit  persons  ((jhuus, 
i.  199). 

The  tutor  might  be  removed  from  his  office, 
if  he  was  misconducting  himself:  this  was 
effected  by  the  aocutaiio  suapedi^  which  is 
mentioned  in  the  Twelve  Tables  (Gaius,  i.  182 ;  ^ 
Dirksen,  Ud)enicht,  ^.  der  Zwdif  Tafeln,  599- 
604). 

When  the  tntela  came  to  an  end,  the  actio 
tntelae  directa  could  be  brought  against  the 
tutor  by  the  pnpillns  for  a  general  account  of 
the  property  managed  by  the  tutor,  and  for  its 
delivery  to  the  pupillus,  now  become  pubet.  If 
the  tutor  was  condemned  in  this  action,  the 
consequence  was  infamia.  [Infahxa.]  The 
Twelve  Tables  gave  the  pupillns  a  special 
action  against  the  tutor  in  respect  of  fraudu- 
lent accounting;  and  if  he  made  out  his  case, 
he  was  entitled  to  double  damages.  This 
appears  to  be  the  action  which  in  the  Dig^'t 
is  called  aetio  de  rationihus  dieirdhendie*  The 
tutor  could  claim  to  be  indemnified  for  what  he 
had  expended  or  done  in  the  interest  of  his 
pnpillns,  having  the  actio  tutelae  contraria 
against  his  late  pupillns  for  the  purpose  of 
enforcing  this  liability. 

When  several  tutores  were  joined  in  one  tutela, 
the  administration  might  be  committed  to  one 


912 


TUTOR 


TUTOR 


of  them — called  tutor  gereru^  as  opposed  to  tutor 
honorariiu.  The  tator  honorariuB  was  liable,  if 
he  did  not  exercise  a  proper  supervision  over 
the  tntor  gerens,  in  case  the  loss  could  not 
be  recover^  from  the  latter.  The  tutela  was 
terminated  hj  the  death  or  capitis  deminutio 
maxima  or  media  of  the  tutor.  A  tutor 
legittmus  became  disqualified  if  he  sustained 
a  capitis  deminutio  minima,  which  was  the  case 
if  he  allowed  himself  to  be  adopted  (Gaius,  i. 
195;  Ulpian,  Fragm,  11,  13),  since  he  thereby 
ceased  to  be  an  agnate  of  the  pupillus,  but 
capitis  deminutio  minima  had  no  effect  on  the 
position  of  a  tutor  testamentarius  or  dativus. 
The  tutela  ceased  by  the  death  of  the  pupillus, 
or  bj  his  capitis  deminutio  of  any  kind.  It  also 
ceased  when  the  pupillus  attained  the  age  of 
puberty,  which  in  the  male  sex  was  fourteen, 
as  the  law  came  to  be  determined.  [Im pdbes.] 
In  the  time  of  the  classical  jurists,  the  tutela 
might  cease  by  the  abdicatio  of  the  testa- 
mentary tutor ;  that  is,  when  he  declared 
**  nolle  se  tutorem  esse."  Under  the  law  of 
Justinian  the  resignation  of  a  tutor  was  in 
no  case  allowed,  unless  it  was  approved  by  the 
magistrate  for  some  cause  which  appeared  to 
him  reasonable. 

The  tutela  of  a  tutor  was  terminated,  as  we 
have  observed,  when  he  was  removed  from  the 
tutela  as  tuspectus^  or  when  his  ezcusatio  was 
allowed  to  be  justa ;  but  in  both  of  these  cases 
a  new  tutor  would  be  necessary  (Gains,  i.  182). 
The  tutela  appears  to  have  Ineen  regarded  at 
first  as  having  for  its  object  the  benefit  of  the 
tutor  rather  than  that  of  the  pupillus,  as  being 
a  means  of  protecting  the  family  propertv  to 
which  the  tutor  might  succeed:  but  in  later 
law  the  idea  of  duty  ((mu%)  rather  than  that 
of  right  attaches  to  the  function.  The  duty 
became  a  public  one  {^pMicum  munuB\  brought 
more  and  more  under  the  supervision  of  the 
magistrate. 

The  tutela  of  women  who  are  puberes  re- 
quires a  separate  examination.  A  woman  who 
was  not  th  patria  potestate  or  in  manu  viri  was 
always  under  a  tutela  (m  perpetua  tutela),  not 
being  capable,  like  a  man  aui  juris,  of  acting  as 
she  pleased  on  attaining  the  age  of  puberty, 
which  was  the  completion  of  her  twelfth  year. 
The  tutor  of  a  woman  who  was  pubes  had 
not,  however,  the  administration  of  her  pro- 
perty, as  in  the  case  of  an  impubes;  she 
managed  her  own  affairs,  but  the  auctoritas  of 
a  tutor  was  required  in  order  to  give  validity  to 
her  acts  in  certain  cases  (Gaius,  i.  190;  (Jlp. 
Fragm.  11,  1,  25 :  cf.  lav.  xxxiv.  2,  the  speech 
of  Cato  for  the  Lex  Oppia).  The  reasons  for 
this  restriction  on  the  capacity  of  women  are 
given  by  Cicero  (jtro  Muraena,  c.  12),  by  Ulpian 
(Fragm.  11,  1),  and  by  Gaiua.(i.  190);  Gaius 
considers  the  usual  reasons  as  to  the  law  being 
founded  on  the  weakness  of  the  sex  as  unsatis- 
factory, since  women  above  the  age  of  puberty 
administer  their  own  property,  and  the  inter- 
porition  of  the  tutor  is  a  mere  formality.  The 
original  object  of  the  law  seems  to  have  been  to 
prevent  the  alienation  of  her  property,  and  so  to 
secure  the  succession  of  her  agnati  or  of  her  gens, 
who  in  early  times  would  always  have  been  her 
tutores.  Gaius  remarks  (i.  193)  that,  though  in 
foreign  states  women  were  not  under  the  same 
tutela  as  under  Roman  law,  they  are  generally 


under  a  quasi  tutela;  thus  the  law  of  the 
Bithynians  requires  the  contracts  of  a  woman 
to  be  sanctioned  by  her  husband  or  by  a  son 
above  the  age  of  puberty. 

A  mulier  might  have  a  tutor  appointed  bj 
her  father's  testament ;  or  by  the  testament  of 
her  husband  if  she  was  in  his  power  (inaiiuj). 
A  wife  in  her  husband's  manus  might  receive 
from  his  will  the  tuioris  optio  or  right  oT 
choosing  a  tutor  for  herself  (tuior  cptitus} 
(Gaius,  i.  150:  cf.  Liv.  xxxix.  19,  5),  whereby 
the  right  of  the  agnates  might  be  effectually 
excluded. 

According  to  the  law  of  the  Twelve  Tables, 
women  who  had  no  testamentary  tutor  were 
in  the  tutela  legitima  of  their  agnati;  or, 
in  the  case  of  freedwomen  and  of  emancipated 
daughters,  in  the  tutela  legitima  of  the  pa- 
tronus  or  of  the  parens  manumissor.  The 
tutela  legitima  of  agnati  was  abolished  by  & 
law  passed  under  the  Emperor  Claudius,  called 
the  Lex  Qaudia  (Gaius,  i.  157>.  The  tutela  of 
patroni  was  not  included  within  the  Lex 
Claudia.  The  tutela  legitima  of  agnati  and 
patroni  over  women  could  be  transferred  by  in 
jure  cessio,  while  that  of  pnpillt  conM  not 
(Gaius,  i.  168);  but  it  would  seem  that  it  was 
rather  the  exercise,  of  the  tutor's  right  than  the 
right  itself  which  was  thus  transferred,  since  it 
is  said  that  on  the  death  or  capitis  minutio  of 
the  tutor  cessicius,  the  tutela  reverted  to  the 
tutor  qui  cessit  (Gains,  i.  170).  A  person  might 
become  tutor  of  a  woman  subject  to  a  fiducia  or 
trust  as  to  the  way  in  which  he  ihonld  exerci^e 
his  right  (tutor  fidudarius), 

A  tutor  dativus  was  given  to  women  hj  the 
magistratus  under  the  Lex  Atilia,  when  there 
was  no  other  tutor,  or  under  a  senatoaconsal- 
tum  in  the  absence  of  a  tutor  or  in  case  of  a 
legis  actio  between  a  woman  and  her  tutor 
(Gaius,  i.  173,  &c. ;  Ulp.  Fragm.  11).  By  the 
Lex  Julia,  if  a  woman  was  in  the  legitima 
tutela  of  a  pupillus,  she  might  apply  to  the 
praetor  urbanus  for  a  tutor  who  should  give 
the  necessary  auctoritas  for  the  purpose  of 
making  a  dotal  settlement  (Gaius,  i.  178 ;  Ulp. 
Fragm.  11,  20).  The  Vestal  Virgins  were 
exempt  from  tutela;  and  both  ingenuae  uid 
liber tinae  were  exempted  from  tutela  by  the 
Jus  Liberornm  (Gaius,  i.  145,  194) ;  it  ia  to  be 
remembered  that  a  married  woman  would  be  in 
tutela  if  she  were  not  m  manu  pa%  (IIatri- 

MONIUll]. 

Octavia,  the  sister  of  Caesar  Octavianus,  and 
his  wife  Livia,  were  released  from  tutela  by  » 
special  enactment  (Dio  Cass.  xlix.  318). 

The  perpetua  tutela  of  women  originated  and 
long  continued  to  exist  for  the  purpose  of  pro- 
tecting the  agnatic  family. 

The  agnatic  tutela  was  in  couxae  of  time 
allowed  to  be  excluded  not  only  by  the  testa- 
mentary disposition  of  a  paternmilias,  or 
husband  with  marital  power,  but  also  by  means 
of  juristic  contrivances  (Cic  pro  Mur,  c  12>. 
Thus,  a  woman  for  the  purpose  of  escaping  from 
the  control  of  her  agnatic  tutor  would  enter 
into  a  fictitious  marriage  with  some  one,  being 
conveyed  to  him  by  means  of  ooemptio,  with  a 
fiduciary  understanding  (ooempHo  cmm  jiditddy 
that  her  supposed  husband — ^the  coenptionatQr 
or  purchaser--«hould  at  once  xeleaae  her  by 
remancipatio ;  she  was  accordingly 


TUTOR 


TYMBOBUCHIAS  GRAPHE  913 


by  the  coeihptiooator  to  some  person  of  her  own 
<:hoice :  this  person  manumitted  her  by  vindicta 
[Manuhibsio],  nnd  became  her  tutor  fiduciarius 
<Gaiu8,  i.  114,  115).  Thus  the  woman  passed 
by  coemptio  from  her  own  family  to  another, 
her  agnati  losing  all  claims  upon  her,  and  her 
tutor  Hduciarius  might  be  compelled  by  the 
praetor  to  give  his  auctoritas  to  her  acts  (Gaius, 
i.  115;  ii.  122).  The  tutor  legitimus  might 
surrender  his  control  of  a  woman  to  a  tutor 
•cessicius  by  in  jure  cessio.  Finally,  as  we  have 
seen,  the  agnatic  tntela  was  abolished  by  the 
Lex  Claudia,  after  which,  except  in  the  case 
-of  patroni  and  parentes,  the  perpetna  tutela 
mulierum  only  remained  a  mere  form. 

The  tutela  of  a  woman  was  terminated  by 
the  death  of  the  tutor  or  that  of  the  woman ; 
hy  a  marriage  by  which  she  came  in  manum 
viri;  by  the  privilege  of  children  (Jus  liberorum) ; 
or  by  her  becoming  a  Vestal  Virgin.  A  woman 
had  no  right  of  action  against  her  tutor  in 
respect  of  his  tutela,  for  he  had  not  the  nego- 
tiortun  gestioy  or  administration  of  her  property, 
but  only  interposed  his  auctoritas  (Gains,  i.  191). 

If  a  woman  was  in  the  tutela  legitima  of  a 
patronus  or  parens  manumissor,  the  tutor,  Gains 
tells  us  (i.  191),  could  not  be  compelled  to  give 
his  auctoritas,  except  for  very  weighty  reasons 
{"  praeterquam  si  magna  causa  interveniat "). 
Other  tutores  could  be  compelled  to  give  their 
Auctoritas,  which  in  their  case  was  a  mere  form, 
it  is  probable  that  agnatic  tutors  were  in  the 
same  position  as  patroni  and  parentes, — that  is, 
they  were  not  compelled  to  give  their  auctoritas ; 
but  Gains  wrote  after  the  agnatic  tutela  had 
•been  abolished. 

The  special  cases  in  which  the  auctoritas  of  a 
tutor  was  required  were,  if  the  woman  had  to 
sue  by  legis  actio  or  in  a  legitimum  judicium,  if 
£he  was  alienating  a  mancipable  thing  [Do- 
xintum];  a  non-mancipable  thing  she  might 
alienate  without  the  tutor's  sanction  (Gains, 
si.  80).  Gains  (ii.  47)  states  that  formerly, 
when  a  woman  was  under  agnatic  tutela,  her 
mancipable  things  were  not  subject  to  usucapion, 
unless  she  herself  delivered  possession  of  them 
with  the  authoritv  of  her  tutor,  and  that  this 
was  a  provision  oi  the  Twelve  Tables.  In  other 
cases,  if  a  res  mancipi  was  transferred  by  tra- 
dition, the  purchaser  acquired  the  quiritarian 
4>wnership  by  usucapion  [Usucapio].  The 
passage  of  Cicero  (^pro  Flacc,  34,  84)  is  in  ac- 
cordance with  Gains ;  and  another  passage  {ad 
Att.  1,  5),  though  vaguely  expressed,  is  not 
•inconsistent  with  his  statement.  (See  Casau- 
hon'fi  note  on  the  passage.)  She  could  not 
luanumit  without  the  auctoritas  of  a  tutor  (Ulp. 
Fragm,  1,  17 ;  compare  Cic,  pro  Cael,  29,  68). 
The  auctoritas  of  a  tutor  was  not  required,  in 
the  case  of  any  obligatio  by  which  the  woman's 
condition  was  improved,  but  it  was  necessary  in 
cases  where  the  woman  became  bound  (Gains, 
i.  192,  iii.  108;  Ulp.  Fragm,  11,  27  ;  Cic.  pro 
Caecin.  25,  72).  So,  if  a  woman  wished  to  pro- 
mise, the  auctoritas  of  a  tutor  was  necessary  (Cic. 
j?ro  Flacc.  35).  As  a  woman  could  alienate  res 
nee  mancipi  without  the  sanction  of  a  tutor, 
she  could  bind  a  person  to  her  by  lending 
money  (jnutuum),  for  by  delivery  the  money 
became  the  property  of  the  receiver. 

A  payment  made  to  a  woman  was  a  release  to 
•the  debtor;  if,  however,  she  did  not  receive  the 

vou  II. 


money,  but  affected  to  release  the  debtor  by 
acceptilatio,  this  was  not  a  valid  release  to  him 
(Cic.  Top,  11 ;  Gains,  ii.  83,  85,  iii.  171). 

A  woman  could  not  make  a  will  without  the 
sanction  of  her  tutor;  the  rules  on  this  subject 
are  stated  under  TissT amentum.  If  a  woman 
was  not  subject  to  a  tutor  legitimus,  but  to  a 
tutor  of  another  kind,  the  praetor  might  perhaps 
in  the  time'  of  Gaius  give  bonorum  possessio 
to  such  will,  although  the  merely  formal  re- 
quisite of  auctoritas  had  not  been  complied 
with  (Gaius,  ii.  121,  122:  cf.  i.  194,  195). 

It  may  be  questioned  whether  the  auctoritas 
of  a  tutor  was  necessary  in  order  to  enable  a 
woman  to  marry  without  passing  in  manum  viri 
(see,  however,  ulp.  11,  22  ;  Cic.  pro  Clumt.  5, 
14) ;  but  it  seems  clear  that  such  sanction  was 
required  in  order  to  enable  a  woman  to  effect  a 
confarreatio  or  coemptio  (cf.  Gaius,  i.  115). 

The  tutela  mulierum  existed  at  least  as  late 
as  Diocletian,  a.d.  293  {Vat.  Fragm,  §  325). 
There  is  no  trace  of  it  in  the  Code  of  Theodosius, 
or  in  the  legislation  of  Justinian.  (Gaius,  i. 
142-200 ;  Ulp.  Fragm.  11,  12  ;  Inst.  i.  13-26  ; 
Dig.  26  and  27 ;  Cod.  5,  28-75 ;  Rudorff,  Das 
Recht  der  Vormundscha/t ;  Rein,  Das  rffm.  Pri" 
vatrechtj  p.  239,  &c. ;  F.  Minquet,  Hist.jur.  Rom. 
de  Tut. ;  S.  Szuldrzynski,  de  Orig.  ao  Progr.  Tut. 
Mul. ;  Le  Fort,  J^ssat  Hist,  de  la  JSOelU ;  Voigt, 
ZwiUf  Tafeln,  ii.  §  110,  &c.)   [G.  L]  [E.  A.  W.] 

TYMBORUCHIAS  GBAPHE  (rv;i3»pu- 
X^a>  7pa^).  Pollux  mentions  rvftfittp^os  in  a 
long  list  of  Mfuera  4^  iiBuefifidrvr  i^*  ots  tUrl 
BIkm  Kol  ypa^tai.  No  instance  of  this  action  at 
Athens  is  known  to  us,  yet  it  is  very  probable 
that  this  action  might  be  maintained  not  so  much 
against  a  person  who  opened  a  tomb  to  rob  the 
dead  {Att.  Process,  ed.  Lipsins,  p.  456),  as  against 
a  person  who  opened  it  to  inter  there  some  one 
who  was  not  entitled  to  burial  there:  cf. 
Cic.  de  Legg.  ii.  26,  64:  '<de  sepulcris  autem 
nihil  est  apud  Solonem  ampliui  quam  *  ne  quis 
ea  deleat  neve  alienum  inferat'  poenaque  est, 
*  si  quis  bustum,'  nam  id  puto  appellari  r6fifioVf 
'  aut  monumentum,'  inquit,  *  aut  columnam 
violarit,  deiecerit,  fregerit.'"  The  custom  of 
fixing  a  fine  to  be  paid  for  infringing  the  rights 
of  the  owner  of  a  grave  arose  in  Lycia,  and  is 
not  derived  from  Roman  usage  (Hirschfeld, 
K6nigsberger  Stud.  1887,  pp.  85-144).  Hirsch- 
feld considers  the  inscription  of  Pinara  {C.  I.  G. 
No.  4259)  to  be  the  oldest,  and  assigns  it  to  the 
3rd  century  B.c. ;  in  it  we  find  all  the  charac- 
teristic points  of  such  inscriptions.  He  who 
opens  a  tomb,  or  orders  another  person  to  do  so, 
is  accursed  {afAOprwXhs  Utrrto  0§wv  wdanttp  ira2 
Aiyrovs  irol  rw¥  riKvw\  has  to  pay  a  fine 
{wpoffanrortiffdrtt  rdkavrop  kpyvpiov),  and  any- 
one who  cares  may  bring  an  action  against  him 
{i^4arw  r&i  $ovKo/i4pwi  iy9tKd(tff0€u  vtpl  ro^ 
TwrX  **^*  ^^®  lyirAi7/ia  rvfifiotfwxi^s  (Termessus, 
C.  I.  G.  No.  4336  1.) :  cf.  iy^trBai  rvfAfivpvxias, 
Olympus,  C.  I.  G.  No.  4325  k.;  ^«r€(<r[fTaij 
rp  rvfA0!up[yxC]^  Telmissus,  No.  4221  d.  Add. ; 
r^rris  rvfifiwpvxitts  y^Mfit  Andriace,  No.  4303  m. 
From  Lycia  this  custom  spread,  and  the  Roman 
emperors  sanctioned  the  law :  cf.  Bull,  de  Corresp. 
HetUn.  V.  p.  344,  Tralles :  (nr*^9wos  tffrai  ro7s 
9iardyfAa<rt  koH  rots  itaerplots  y6fiois  (C  I.G.  iii. 
p.  11 28,  Antiphellus :  ^t^vyos  terran  roTs  9ta 
rmv  B%itav  Zu^rarffiv  &purfi4pois),  i.e.  constitu- 
tiones  Imperatontm  and  customary  laws.    The 

3  N 


914 


TTMPAITUM 


BinDiint  or  fine  in  LycUn  iiucriptiont  Tiriea  from 
250  to  (id  one  iostance)  20,000  deoarii ;  in  noD- 
Ljrdui  iDscriptioaa  »iDe  higber  amounU  occar. 
The  fine  i>  oiaallj  paid  in  Ljcia  to  the  Jq/iof 
OT  the  vi)ut  ;  tjerjwhm  rise  nsuallj  to  tbe 
fiscal  (pianos,  ra/iit-oy),  ■ocoetimw  to  deitiei — 
Itis  at  Thebo,  /ilrrTip  Itir  IirvXiirii  in  Smjrna, 
etc. ;  in  itolated  cuei  the  monej  goes  to  the 
brotiien  or  the  faein  of  the  grnre-onuer.  A 
Jeweu  diroeta  the  fine  to  be  paid  to  her  people, 
a  phjsif^ian  to  hii  colleaguefli  a  etare  to  hii 
miatreu  and  her  hein.  The  informer  Tec«JT«d  a 
(hare  of  the  fine,  Kimetiiii«  one-half,  lometjmea 
one-third:  Tiitrpoffayyt\laioBinftrafTlT^fiov- 
Xoiiirf  Atl  rf  V'".  C.I.O.  No.  4300  r.  Add.,  cf. 
Mo.  4293 ;  ilmyyO^arrm  rof  fiouAo^i^vw  ^tI  rf 
rptr^  Itifti,  No.  4300  e.  Add. ;  rm  SovKonivox 
%A^<ir  Arl  Tf  rpfry  i^ifti.  No.  42T8i.  Jidd. 
eSvTtt  TT7»  naririiiflat  warri  t^  paUXoiLiyif 
twl  T^  TfW^  ^ip,i.  No.  4324  d.  Add.,  etc  " 
action  for  rvfi^xpvxfa  ia  mentioned  ali 
C.  I.  G.  No.  2688  r.  lasni  (cf.  Hicka,  Jaum. 
H*a.  Soc.  1887,  p.  115),  No.  2826  ff.  Aphrodisiu, 
No.  3264  Smiraa  (Ubas-Waddington,  Voyage 
ArdM.  ili.),  No.  220  Miletus,  etc.  Of  the  ' ' " 
tomb-ioaciiptioTu  eleren  contain  a  cunc 
Bn  fii  a  fine  {C.  /.  A.  Hi.  3,  No.  1417  ff.).  Theee 
maj  b«  added  to  Hinehfeld'i  loog  list  as  «ell  aa 
•ome  othen  diacovered  licce  the  publication  of 
fata  paper:  two  of  Salonic-i  (Jowrn.  HeS.  Stud. 
1887,  p.  374,  and  Btrl.  Philot.  Worhefuchr.  iaB9, 
No,  41),  fonr  of  Heraclaa  in  the  Propontis  {Beii. 
Phil.  W.  1888,  No.  14),  two  of  Smyrna  (Uitth. 
d.  d.  AmfiBol.  Tnil.  lii.  p.  248),  one  of  Ujra 
(Jmm.  StII.  Son.  1BB9,  p.  8a),  three  from 
Epbetna  QAtic.  (Trw*  Itdct.,  ed.  Newton,  iii, 
p.253ff.).  [H.  H.] 

TY'MPANUU  (ri^iwoi').  1.  A  amall  dmm 
carried  in  the  hand.  Of  theM,  aome  reiembled 
in  all  reipecta  a  modeTO  tambourine  with  bells. 
Othera  prwented  a  flat  circular  diak  on  the  upper 
eorface  and  swelled  out  beneath  like  a  kettle- 
dram,  a  shape  which  appears  to  be  indicated  bj 
Pliny  when  he  describes  a  particular  clau  of 
pearla  in  the  following  terma :— "  Qaiboa  una 
taDtnm  eat  faciea,  et  ab  ea  rotuudittu,  averua 
planities,  ob  id  tympania  vocantar"  (i/.  X.  ii. 
S  109).  Both  forms  are  represented  in  the  cula 
below.      Fig.   1   is  from  a  painting  found  at 


TrmpaDistrlae. 


Pompeii  (Mm.  Borbon,  tom.  vii.  Uv,  37);  fig.  2 
i»  from  ■  fictile  Tase  (Millin,  Peintaret  da  yasej 
Anticpitt,  pi.  56),  and  here  the  coiTeiity  on  the 
under  aide  ia  diatinctly  seen.  Tympana  were 
covered  with  the  hides  of  oien  (Orid,  Fait. 
\v.  342 ;  Stat.  ThA.  ii.  78)  or  of  asHs  (Phaedr. 
It.  2,  4),  were  beatCD  with  the  haod  (Orid, 
Mtt.  IT.  30 ;  aee  cnts),  and  were  much  employed 


TYKANNUS 

in  all  wild  entbnaiaatic  raligioos  ritea  (AtiitejJi. 
Lytxitr.  i.  387X  eepeciillj  the  orgiea  of  Baccnu 
and  of  Cybele  (Catall.  liir.  262;  Claud,  'i- 
ama.  StUidi.  iii.  365;  Lscret.  iL  616;  Csluil. 
liiii,  8 ;  Verg.  Am.  ix.  619  ;  Suet.  Atig.  68  ;  cvm- 
para  Lobeck,  Aglaop/nmait,  pp.  630,  652),  ul 
hence  Plantns  (True,  ii.  7,  49)  chancteriau  u 
eSetninate  coicomb  ai  "  JMoechom  malacnm,  da- 
cording  to  Juatin  (ili-  2),  they  wer*  n»ed  br 
the  Parthiani  in  war  lo  giro  the  aignal  fur  th^ 

2.  A  solid  wheel  without  (pokei  for  horj 
waggons  (Vei^.  Gcorg.  it.  444),  such  as  ii  shonn 
in  the  cot  on  page  433.  These  are  to  this  dai 
common  in  the  rnde  carts  of  Soatbam  Italr  icd 
Qreece,  and  Sir  C,  Fellows  {Eicvrmont  n' Ji.^i 
Minor,  p.  T2),  from  whose  woric  the  6pire 
below  is  espied,  found  them  attached  to  iIie 
farm  vehicles  of  Myiia,  "The  wheeb  are  i.f 
solid  blocks  of  wood,  or  thick  planks,  genenUv 
three,  held  together  by  an  iron  hoop  or  tire  ;  a 
loud  creaking  noiee  ia  made 
by  the  friction  of  the  galled 
aile,"  a  suggertiTe  com- 
mentary on  the  "  atridentia 
plaustra"  of  Virgil  (Otorj. 

iii.    536).        [Pli 

SmitaCDH.] 


worked    by    a    wheel    fur 

raising  weights  (Lacret.  n. 

903;   VitruT.  x.  4)   [MiCHiS*],    ■' wheel    f.^ 

drawingwater(VitniT.  ..  14)[AirrUA;  RotaI. 

a    solid    toothed   wheel    forming   part   of    th* 

machinery   of  a   mill    (VitruT.  i.   9,   10),  an<l 

the  like. 

4.  Ad  architectural  term  signitying  tht  flil 
surface  or  space  within  a  pediment,  and  also  the 
sqoaie  panel  of  a  door  (VitruT.  iii.  3,  Lt.  6). 

5.  A  wooden  cudgel  for  beating  nuletacti-r-. 
and  alao  a  beating  post  to  which  Uiey  were  iini 
when  flogged;  hence  the  Oreek  Terba  nfmn'^Vir 
and  knrriitirarlCur  are  formed  (SchoL  .ij 
Aristoph.  Piul.  47ti;  Ep.  to  ffebnwt,  li.  M: 
PoUui,  riii.  70).  [W.  R.T 

TYItANNT;S(Ti^»>).  ThewoitlrifMi^i 
baa  Dot  yet  been  satis&ctaiily  explained  bv  a 
Greek  etymology,  and  Boeckb'a  Goujectnre  tint 
it  was  a  foreign  word  and  came  to  the  Grrrti 
from  Lydia  or  Fhrygia,  where  it  is  foun.l 
frequently  in  ioscriplions,  it  eitremelr  probaLlE 
(Boeckti,  Comment,  ad  C.  I.  Q.  n.  3438).  Ti>- 
meaning  the  word  coUTeyed  to  a  Greek  ramd 
was  that  of  a  man  who  wielded  ab»lDt«  power, 
and  a  power  not  sanctioned  by  the  ordinancea  pI 
tbe  state  in  which  it  was  eierciaed.  Tlis  a  all 
that  ia  easeutial  to  the  notion;  yet  the  later 
pbiloaophic  thought  of  Greece,  combiaed  witii 
actual  historical  eiperieact,  developed  an 
addition  tc  tbe  conception, — naioely,  tJiat  tn^ 
of  the  Tupanoi  was  exercised  not  in  the 
tsts  of  tht  aubjecta,  but  in  that  of  tht  ruler, 
was  a  natural  eoaseqnencB  of  the  cot- 
ceptiou  that  the  rule  of  the  tyrant  wai  alwav, 
outside  the  pale  of  law  (Enr.  Suppi.  445),  u- 
though  it  was  a  deduction  not  alwayi  Jo>tii>rJ 
by  facta.  Ariatotle  embraces  tnrj  aide  of  tt)> 
idea  when  he  defined  tyranny  proper  aa  "thit 
arbitnry  power  of  an  indiTidiul  which  ia  n- 
aponilbU   to   no    one,    and  [governs    all    alike. 


TYRANNUS 


TYRANNUS 


915 


whether  equals  or  betters,  with  a  view  to  ite 
own  adrantage,  not  to  that  of  its  subjects,  and 
therefore  against  their  will  "  (Arist.  Pol,  ir.  10, 
4  =:  p.  1295).  The  main  point  of  separation 
between  rvpoyvb  and  fiainXfla  was  the  self- 
interested  nature  of  the  former  govemment 
(Arist.  Poi,  iii.  7,  5  =  p.  1279;  Eth.  riii.  10, 
2),  although  the  early  kingships  of  Greece 
differed  additionally  from  tyranny  in  having 
their  privileges  and  their  powers  determined  by 
custom  (Thuc.  i.  13,  1) ;  and  thus  a  king  who, 
like  Pheidon  of  Argoe,  overstepped  the  limits  of 
his  hereditary  power,  was  accounted  a  tyrant 
(Arist.  Pol.  V.  10,  6  a  p.  1310).  It  mny  be 
further  noticed,  in  this  definition  of  Aristotle  and 
in  the  Greek  conception  generally,  that  tyranny 
proper  implies  mdimdual  rule. 

Tyi-anny,  while  always  answering  in  some 
degree  to  this  general  conception,  yet  had  the 
particular  form  in  which  it  manifested  itself 
determined  by  the  circumstances  of  the  times 
and  the  stage  of  political  development  in  Greece. 
We  may  distinguish  two  main  periods  of  des- 
potism, that  of  the  7th  and  6th  centuries  on 
the  one  hand,  and  that  of  the  4th  century  on 
the  other;  the  difference  between  the  earlier 
and  the  later  of  these  periods  is  the  difference 
between  symptoms  of  growth  and  symptoms  of 
decay  in  the  same  nation :  and  while  the  former 
wns  a  result  of  the  natural  course  of  internal 
development  in  the  states  and  prepared  the  way 
for  the  free  constitutions,  the  latter  was  a 
consequence  of  the  downfall  oi  the  free  govern- 
ments  and  of  the  external  causes  which  in  the 
4th  century  acted  on  Greek  politics  as  a  whole. 
The  early  tyrannies  grew  for  the  most  part  out 
of  the  oligarchical  governments  which  succeeded 
the  downfall  of  the  monarchies.  In  Corinth 
and  Thebes  the  monarchy  fell  about  the  middle 
of  the  8th  century :  in  Sparta,  at  a  still  earlier 
period,  it  had  been  saved  by  a  limitation  of  its 
powers :  in  Athens  it  dwindled  down  to  the 
limited  functions  of  the  archonship.  Every- 
where its  power  had  been  replaced  by  the  rule 
of  a  nobility,  whose  special  claims  to  honour 
were  the  exclusive  possession  of  the  sacrifices 
and  higher  religious  rites  of  the  state,  the 
exclusive  knowledge  of  its  laws,  and  the  sole 
{possession  of  that  political  hprr^  which  resulted 
from  higher  birth  and  from  inherited  wealth 
and  culture.  But  in  the  7  th  century  B.a  other 
classes  were  growing  to  power  by  the  side  of 
the  old  nobility, — the  classes,  namely,  which 
/I ad  acquired  wealth  through  commerce,  and 
which  were  not  only  excluded  from  all  partici- 
pation in  public  afiairs,  but  found  their  proper- 
ties exposed  to  danger  from  the  dynasties  that 
ruled  their  towns.  These  formed  the  largest 
])art  of  the  discontented  elements  that  fostered 
the  despot,  as  in  Corinth,  where  the  revolution 
took  the  form  of  a  reaction  against  the  Bac- 
chiadae,  who  had  grossly  misused  their  power 
and  unscrupulously  appropriated  the  profits  of 
commerce  (Ael.  Var.  Hist.  i.  19 ;  Strabo,  p.  325) : 
and  the  assertion  of  Thucydides  that  it  was  the 
growing  wealth  of  Greece  which  gave  rise  to 
despotism  (Thuc.  i.  13)  is  illustrated  both  by 
this  instance  of  Corinth  and  by  that  of  the 
neighbouring  town  of  Sicyon,  which  was  re- 
nowned only  next  to  Corinth  for  trade  and 
manufscture  (Strabo,  p.  382).  The  tyrannies 
that  developed  out  of  oligarchies  in  Sicily  and 


southern  Italy,  at  Leontini,  Gela,  and  Rhegium, 
during  the  close  of  the  6th  century  B.a  (Arist. 
Pol.  V.  12,  13  =  p.  1316),  were  probably  due  to 
the  same  assertion  of  their  claims  by  the  rich 
and  unprivileged  classes  ;  in  other  states  it  was 
the  poorest  class,  such  as  the  Diacrii  of  Athens, 
on  the  championship  of  which  the  despot  based 
his  claim  to  power  (Arist.  Pol.  v.  5,  9  =  p.  1305 ; 
Herod,  i.  59) ;  while  at  other  times  the  element 
of  race  entered  into  the  struggle,  as  at  Sicyon, 
where  both  the  tyrant  and  his  supporters  be- 
longed to  the  Ionian  Aegialeis,  and  the  revolution 
took  the  form  of  a  reaction  against  an  oppressive 
Dorian  nationality  (Herod,  v.  68).  Throughout 
Greece  we  see  a  period  of  transition,  during 
which  pressing  difficulties,  national  or  social, 
called  for  settlement ;  and  the  adjustment  that 
ensued  took  the  form  either  of  a  constitutional 
dictatorship  or  of  an  unconstitutional  monarchy. 
In  the  former  case  the  contending  factions 
combined  in  appointing  an  individual  for  the 
settlement  of  their  difficulties  who  bore  the  title 
of  oicrvfti^Tiyf.  Such  an  office  was  held  by 
Pittacus  in  Mitylene,  Zaleucus  in  Locri,  and 
Solon  in  Athens ;  it  was  the  only  constitutional 
form  of  despotism  in  the  Greek  world,  and 
Aristotle  describes  it  as  an  ^  elective  tyranny  '' 
(Arist.  Pol.  iii.  14,  8  =  p.  1285),  and  as  com- 
bining the  characteristics  of  /SatriAc^a  and 
Tvpatfyis  (i6.  iv.  10,  3  =  p.  1295).  The  aesy- 
mnetes  was  given  a  body-guard  of  sufficient 
force  to  enable  him  to  carry  out  his  work  of 
renovation  (ib.  iii.  15,  16),  and  held*  office  either 
for  life  or  for  a  term  of  years  or  until  certain 
duties  had  been  performed  (ib,  iii.  14,  9).  In 
the  later  period  of  tyranny  we  find  an  aesy- 
mnete,  Iphiades  of  Abydos,  who  made  himself 
despot  (i6.  V.  5,  9  =  p.  1305 ;  Plaes,  Die  Ty- 
rannt's,  ii.  p.  89) ;  and  in  some  states,  such  as 
Teos,  Cyme,  Naxos,  and  Megara,  the  aesymnesia 
developed  into  a  standing  magistracy  [Aest- 
KNETES].  But  such  a  legitimised  despotism  was 
rare  in  the  Greek  world.  More  frequently  the 
reins  of  government  were  seized  by  a  man  who 
constituted  himself  the  champion  of  a  section 
of  the  people.  The  demagogue  who  united 
military  prowess  with  zeal  for  the  popular 
welfare  was  the  most  ordinary  type  of  despot ; 
this  character  is  found  chiefly  exemplified  by  the 
pretenders  who  in  the  7th  and  6th  centuries 
rose  to  the  throne  through  opposition  to  the 
ruling  oligarchies,  such  as  Orthagoras  at  Sicyon, 
Cypselus  at  Corinth,  Theagenes  at  Megara, 
Pisistratus  at  Athens  (Arist.  Pol.  v.  5  and  10 ; 
Herod,  i.  59);  but  this  type  perpetuated  itself 
even  in  the  4th  century :  Dionysius  of  Syracuse 
was  one  of  the  great  historic  instances  of  the 
demagogue-despot  (Arist.  Pol.  v.  5,  10),  and 
both  Plato  and  Aristotle  affirm  thlt  champion- 
ship of  popular  causes  to  be  the  most  settled 
element  in  the  growth  of  tyrannies  (Plat.  Rep. 
viii.  565  D,  r^pwros  4k  irpotirrariir^r  ^^^^'  '^^ 
obK  A\Xo$^y  4K0\affrdy9i :  cf.  Arist.  Pol.  v.  10, 
4  =  p.  1310).  But  it  was  in  the  earlier  ty- 
rannies that  this  phenomenon  was  of  most 
importance,  as  inaugurating  a  new  and  necessary 
phase  of  political  lire ;  they  effected,  as  no  other 
power  could  have  done,  the  unity  of  the  nations 
which  they  governed,  and  in  many  cases,  as  at 
Athens,  their  rule  first  created  a  national  spirit 
(Herod,  v.  66) ;  they  were  thus  the  precursors 
of  the  democracy,  and  even  where  democratic 

3  N  2 


916 


TYB  ANNUS 


TyRANNUS 


institations  did  not  follow  their  oTerthrow,  yet 
a  juster  and  more  equable  rule  replaced,  as  at 
Corinth^  the  dynastic  government  of  the  older 
oligarchies.  The  demagogues  who  made  their 
way  to  the  throne  were  sometimes  sprung  from 
the  oppressed  classes  whom  they  championed, 
as  Orthagoras  of  Sicyon,  who  belonged  to  the 
weaker  Ionian  element  of  the  state,  and  is  said 
to  have  been  a  cook  (Diod.  viii.  24) ;  in  other 
cases  they  were  members  of  the  oligarchies  they 
overthrew,  and  made  the  great  powers  which 
they  possessed  as  magistrates  a  stepping-stone 
to  the  crown.  It  was  thus  that  Phalaris  rose 
to  be  tyrant  of  Agrigentum  (Arist.  Pd,  v.  10, 
6);  Lygdamis  of  Kaxos  belonged  to  the  old 
nobility  (ib.  v.  6,  1);  at  Miletus  a  tyranny 
arose  out  of  the  office  of  pry  tanis  (t&.  v.  5, 8X  *nd 
according  to  one  account  Cypselus  of  Corinth 
rose  to  power  by  the  mode  in  which  he  exercised 
the'  office  of  iroKifAopxos  (Nicol.  Damasc.  Frag, 
58).  When  once  he  had  risen  to  power,  the 
despot  was  sometimes  enabled  to  retain  his 
position  through  popular  support ;  thus  Cypselus 
of  Corinth  was  a  popular  man  who  during  the 
whole  time  of  his  rule  never  had  a  body-guard 
(Arist.  Poi,  V.  12,  4) ;  and  men  like  Gelo,  who 
based  their  power  on  a  victory  over  the  national 
foes,  could  dispense  with  the  support  of  armed 
force  (Diod.  zi.  23,  26,  48) ;  but  as  a  rule  the 
band  of  Micovpott  for  the  support  of  which  the 
subjects  were  taxed,  was  the  invariable  ac- 
companiment of  tyrannis  (Arist.  Pol.  iii.  14,  7) ; 
this  body-guard  was  usually  composed  of  foreign 
mercenaries  {ib.  v.  10,  10),  such  as  the  Argive 
soldiers  of  Pisistratus  (Herod,  i.  61).  Even  when 
the  first  steps  to  power  were  due  to  popular 
support,  the  rise  to  the  tyranny  was  often 
effected  by  a  coup  d'^lat,  as  in  the  case  of 
Pisistratus.  Sometimes,  even  in  the  older 
tyrannies,  the  despotic  rule  was  wholly  acquired 
by  the  use  of  armed  force.  It  was  thus  that 
Polycrates  and  afterwards  Syloson  gained  the 
throne  in  Samos  (Herod,  iii.  120;  Polyaen.  vi.46), 
that  Aristodemus  gained  the  throne  in  Cumae 
(Dionys.  vii.  2  to  11),  and  that  Cylon  attempted 
to  make  himself  tyrant  of  Athens  (Herod,  v.  71 ; 
Thuc.  i.  126).  The  first  exercise  of  the  despot's 
power  was  usually  the  banishment  of  the  more 
powerful  members  of  the  faction,  which  it  had 
been  his  declared  object  to  resist.  Thus  the 
Bacchiadae  were  expelled  from  Corinth  by 
Cypselus  (Dionys.  iii.  46 ;  Strabo,  p.  325 ;  Herod. 
T.  92),  axid  even  Pisistratus  of  Athens,  in  spite 
of  his  otherwise  mild  rule,  fouud  it  necessary  to 
banish  some  of  the  nobles  (Herod,  vi.  103;  cf. 
Arist.  Pol.  V.  10,  12).  But  by  the  wiser 
despots  no  violent  change  was  made  in  the 
machinery  of  government.  The  Orthagoridae 
and  Pisistratus  ruled  in  accordance  with  the  ex- 
isting laws  (Herod,  i.  59  ;  Thuc.  vi.  54,  6 ;  Arist. 
Pol.  V.  12,  1),  the  latter  taking  the  precaution 
of  having  the  great  offices  in  the  state  filled  by 
members  of  his  own  family  (Thuc.  /.c).  When 
radical  changes  were  introduced,  these  had  more 
of  a  social  than  a  political  character,  and  were 
calculated  either  to  raise  the  position  of  one 
class  of  the  population  at  the  expense  of  others, 
or  to  unite  the  peoples  by  means  of  common 
festivals,  or  to  give  an  impulse  to  democracy  by 
substituting  the  universal  and  popular  cults 
f  ir  the  aristocratic  and  exclusive  worship  of  the 
nobles.      The   first   of  these  changes  we   find 


brought  about  in  Sicyon,  where  the  straggles 
which  raised  the  Orthagoridae  to  power  had  ao 
ethnic  significance ;  the  hatred  of  Cleisihenes  t^ 
the  memory  of  Adrastus,  his  suppression  of  th« 
Homeric  recitals  and  his  alteration  in  the  tribe> 
names,  were  all  intended  to  elevate  the  Ionic 
element  in  the  state  at  the  expense  of  the  Doriaa 
(Herod,  v.  67  and  68).  The  aim  of  uniting  the 
people  by  festivals  may  be  illustrated  by  Pisi* 
stratus*  cultivation  of  the  Panathenaea  (Schol 
Arist.  p.  323);  and  that  of  sopersedtng  the 
aristocratic  worship  by  the  encouragement  given 
by  Cleisthenes  of  Sicyon  and  by  Periander  of 
Corinth  to  the  popular  cult  of  Dionysus  (Herod. 
i.  23,  V.  67).  A  further  object  of  the  despots* 
policy  was  to  strengthen  their  position  by  adding 
a  lustre  to  their  courts.  To  effect  this  they 
patronised  arts  and  letters,  as  was  done  by 
Periander,  Pisistratus,  and  Hiero,  and  some,  like 
Polycrates  of  Samos,  maintained  an  almost 
Oriental  splendour  (Sayce  on  Herod,  iii.  39); 
they  raised  great  buildings,  soch  as  the  temple  of 
Olympian  Zeus  originated  by  the  Fisistratidae, 
and  the  great  monuments  at  Samos  built  by 
Polycrates  (Arist.  Pol.  r.  11,  9=p.  1313  ;  Herod, 
ill.  60),  and  sent  rich  offerings  to  the  religions 
centres  of  Greece,  such  as  those  dedicated  by 
Cypselus  and  Periander  of  Corinth,  and  by 
Myron  of  Sicyon  at  Olympia  (Pint.  Bepi.  Sap. 
Gmv.  21 ;  Pans.  v.  17  to  19,  vi.  19,  2)l  Aris- 
totle attributes  these  buildings  and  oflferings  of 
the  despots  to  the  desire  to  impoverish  their 
subjects  and  give  them  no  time  to  hatch  con- 
spiracies (Arist.  Pol.  1.  c.)  ;  but  the  more  probable 
object  was  the  desire  of  personal  distinction  in 
their  own  states  and  in  Greece:  and  even 
amongst  the  later  despots  we  find  the  reTival  of 
this  cultivation  of  Greek  art  and  letters  bv 
Maussolns  of  Halicamassus  and  Evagoras  of 
Cyprus  (Plin.  ff.  N.  xxxv.  §  49 ;  Lsocr.  w  Etag, 
20  and  21).  The  necessities  of  internal  ad- 
ministration showed  the  true  evils  of  tyrannis. 
Aristotle  characterises  the  maxinos  which  the 
despot  must  employ  to  preserve  his  power  as 
being,  to  create  a  slavish  feeling  in  the  subjects, 
to  create  mistrust  amongst  them,  and  to  allow 
no  prominent  men  in  the  state  (Arist.  Pol.  v.  1 1 ; 
cf.  Herod,  v.  92) ;  while  the  inevitable  tnfloence 
of  flatterers  and  parasites  and  the  system  of 
espionage  were  other  evils  that  accompanii^i 
their  rule  (Arist.  /.  c).  But  there  was  probably 
no  positive  oppression  of  the  general  mass  of  the 
citisens.  Some  despots,  like  Dionysios  of 
Sjrracuse,  might  have  taxed  their  subjects 
heavily  (Arist.  Pol.  v.  11,  10);  but  the  Pisistra- 
tidae,  we  are  told,  only  collected  one-twentieth 
of  the  products  of  the  soil.  The  artisans,  who 
were  not  landowners,  would  thus  have  been 
wholly  untaxed,  and  it  was  to  the  interest  of 
the  despot  to  provide  the  lower  classes  with 
material  for  work,  and  so  keep  them  content<fd 
and  employed  (Ael.  Var.  Hist.  ix.  25;  Nicol. 
Damasc.  Frag.  60).  The  external  policy  pursued 
by  the  early  despots  was  at  once  vigorous  and 
prudent.  Thucydides,  indeed,  says  that,  with 
the  exception  of  the  tyrants  of  Sicily,  the  poiicv 
of  those  of  Greece  generally  was  characteri2V>i 
by  a  regard  for  selfish  interests  and  by  an  absescr 
of  any  great  foreign  activity  (Thuc.  i.  17) ;  hx^ 
this  judgment  is  scarcely  applicable  to  derp^t.' 
like  Cypselus,  who  founded  some  of  the  nuv: 
important  colonies  of  Corinth  (Strabo^  pp.  270, 


TYRANNUS 


VALET-UDINARIUM 


917 


388),  or  Periander,  who,  besides  founding  Poti- 
daea  (Nicol.  Damasc.  Frag.  60),  holding  Corcyra 
and  capturing  Epidauras  (Herod,  iti.  50  and  53), 
is  also  credited  with  the  institution  of  the 
Isthmian  games  (Duncker,  Hist,  of  Greece^  ii. 
p.  371,  n.  2),  and  certainly  raised  Corinth  to  a 
greater  height  of  power  than  she  attained  before 
or  after  him.  Pisistratus  of  Athens,  too,  sub- 
dued Naxos,  purified  Delos  (Herod,  i.  64 ;  Thnc. 
iii.  104),  and  pushed  his  arms  as  fur  as  Sigeum 
in  the  Troad  (Herod,  t.  94) ;  while  Polycrates  of 
Samos  founded  a  maritime  empire,  and  mingled 
in  the  politics  of  Egypt  and  Persia  (Herod,  iii. 
39  and  44)*  More  manifest,  however,  was  the 
greatness  of  the  life  and  works  of  the  early 
despots  of  Sicily — of  Gelo  and  Hieroin  particular. 
The  power  of  Gelo  of  Syracuse  was  almost  com- 
mensurate with  his  aims.  These  were  a  union 
of  all  the  Sicilian  Greeks  against  the  barbarian, 
which  he  so  far  effected  as  to  be  himself  described 
by  the  historian  as  **  despot  of  Sicily  "  (3ikcA£i}s 
T^paivos,  Herod,  vii.  163,  cf.  c.  157). 

But,  however  powerful  the  individual  tyrant 
might  make  himself,  it  was  not  in  the  nature  of 
the  tyrannies  to  last  long.  They  marked  a 
period  of  transition  in  Greek  politics,  and,  when 
their  work  of  destruction  and  preparation  had 
been  effected,  there  was  no  further  reason  for 
their  continuance ;  they  were  rarely  inherited, 
and,  even  when  transmitted,  fell  rapidly 
through  the  degeneracy  of  the  holders,  who 
sought  to  maintain  their  power  by  force,  and 
sometimes  through  quarrels  in  the  ruling  house, 
such  as  proved  the  ruin  of  the  earlier  and  later 
despotisms  at  Syracuse  (Arist.  Pol.  v.  10,  31). 
The  Orthagbridae  ruled  at  Sicyon  for  a  hundred 
years,  the  Cypselidae  at  Corinth  for  seventy- 
three  years,  the  Pisuttratidae  at  Athens,  exclusive 
of  the  period  during  which  Pisistratus  was 
banished,  for  thirty-five;  and  Gelo,  Hiero,  and 
Thrasybulus  at  Syracuse  for  eighteen  years 
(Arist.  Pol.  V.  12 ;  Herod,  i.  60 ;  Eratosth.  ap. 
Schol.  Aristoph.  Vesp.  502),  but  these  periods  of 
duration  were  exceptional  (Arist.  /.  c).  The 
actual  overthrow  of  a  tyranny  was  sometimes 
due  to  a  general  rising  of  the  people,  such  as 
that  which  deposed  Thrasybulus  of  Syracuse 
(Diod.  xi.  67  sq.\  sometimes  to  conspiracies 
inspired  by  private  revenge  (Arist.  Pol.  v.  10), 
but  was  not  unfrequently  effected  by  external 
force.  Thus  the  Lacedaemonians  drove  out 
the  Pisistratidae  and  are  credited  with  having 
put  down  other  tyrannies  (Thuc.  i.  18 ;  Herod,  v. 
92;  Arist.  Pol.  v.  10,  30);  and  similarly  the 
Syracusans,  after  the  death  of  Thrasybulus  and 
after  that  of  the  younger  Dionysius,  put  down 
despotisms  in  the  other  Sicilian  states  (Arist. 
/.  c. ;  Diod.  xi.  68,  xvi.  82  ;  Plut.  Tim.  34). 

The  earlier  despotisms  in  Greece  proper,  be- 
longing to  a  dim  period  of  history,  became  at  an 
early  period  obscured  by  legend  and  coloured  by 
the  later  Greek  conceptions  of  tyranny.  From 
these  legends  was  developed  the  idea  of  a  normal 
type  of  despot,  which  was  usually  embodied  in 
the  person  of  Periander.  He  was  the  standing 
illustration  of  the  mode  in  which  the  true  despot 
preserved  and  exercised  his  power  (Arist.  Pol.  v. 
1 1),  while  the  events  of  his  life  were  modelled 
after  that  conception  of  the  internal  state  of  the 
despot,  which  was  such  a  favourite  subject  of 
Greek  speculation  (Herod,  v.  92 ;  cf.  Plat.  Rep.  ix. 
p.   580;    Xen.  Hieroy  passim).      The  so-called 


"  tyrants  "  of  the  Greek  cities  in  Asia  Minor  in 
the  6th  and  5th  centuries  B.C. — such  as  Daphnis 
of  Abydos,  Aeaces  of  Samos,  Aristagoras  of 
Cumae,  and  others  (Herod,  iv.  138) — cannot  be 
classed  with  the  despots  of  the  early  period  in 
Greece  proper,  Italy,  and  Sicily.  They  were 
merely  native  princes  who  governed  the  Greek 
dependencies  of  Persia,  and  who  were  kept  in 
their  position  by  Persian  support ;  and  in  their 
dependence  on  external  aid  they  bear  a  greater 
resemblance  to  the  later  despot  of  the  4th 
century. 

This  later  despotism  differed  essentially  from 
the  earlier,  in  that  it  was  not  a  natural  growth 
and  did  not  arise  from  internal  changes  in  the 
Greek  communities,  but  was  a  product  of  the 
general  degeneration  and  of  the  ever*  growing 
influence  of  mercenaries.  The  causes  which 
raised  these  despots  to  power  were  sometimes 
the  influence  of  the  political  clubs,  but  more 
often  the  ease  of  raising  mercenari^  or  of  seeking 
the  protection  of  some  strong  foreign  master 
(Plaes,  Die  Tyrannise  ii.  pp.  38-40).  The 
exceptions  to  the  general  rule  were  the  later 
despotism  of  Sicily  and  the  government  of  the 
Tagi  of  Thessaly.  Dionysius  of  Syracuse  was, 
like  the  earlier  despots,  a  demagogue ;  and  with 
the  rule  of  Jason  of  Pherae  Thessaly  began  a  new 
life,  became  a  united  nation,  and  took  her  place 
among  the  powers  of  Greece.  But  on  the  whole 
these  despotisms  were  not  the  sign  of  a  healthier 
phase  of  political  life.  Many  of  them  were  due 
to  the  power  of  Macedon,  which  sought,  like 
Persia,  to  rule  its  dependent  states  through 
despots;  and  most  of  them  were  a  sign  of  the 
impossibility  of  the  continuance  of  free  civic  life 
in  Greece. 

(H.  G.  Plaes,  Die  Tj/rannis  in  ihren  beiden 
Perioden  bei  den  alien  Oriechenf  Bremen,  1852  ; 
Drumann,  De  tyrannis  Graecorum^  Halle,  1812 ; 
Wachsmuth,  Hell.  Alterth.  1.  493  ff.,  ii.  72  ff., 
688  ff. ;  SchOmann,  Oriech.  Alterth.  i.  pp.  169  ff. ; 
Gilbert,  Handb.  der  griech.  Staatsalth.  ii.  277  ff. ; 
Iwan  Muller,  Handb.  der  classisch,  Alterth, 
WiesenKhaft,  iv.  1,  36  ff. ;  Duncker,  History  of 
Greece,  Bk.  iv. ;  Grote,  History  of  Greece^  Pt.  ii. 
ch.  9;  on  the  Sicilian  tyrants,  Holm,  GescJi. 
Siciliens  in  Alterth.  i.  212  ff.,  ii.  77  ff.) 

[A.  H.  G.] 


u,v. 

VACA'NTIA  BONA.    [Bona  Vacantia.] 

VACA'TIO  MILITIAE.  [Exercitus, 
Vol.  I.  p.  805  a.] 

VADIMCNIUM.  [Actio,  Vol.  I.  p.  17; 
Prabb.] 

VAGI'NA.    [Gladius.] 

VALETUDINA'RIUM  (yotroKOfiMv),  an 
infirmary.  A  detached  building  or  room  was 
commonly  found  in  large  houses  for  the  recep- 
tion of  sick  slaves,  who,  we  are  told,  should  at 
once  be  removed  there  for  better  treatment,  and, 
no  doubt,  for  the  prevention  of  infection  (Col. 
xi.  1,  18;  xii.  3,  7  ;— Senec,  de  Ira,  i.  16 ;  Nat. 
Qtt,  1).  We  have  no  satisfactory  evidence  of 
anything  that  can  be  regarded  as  a  public  infir- 
mary or  hospital  in  Italy  until  the  end  of  the 
4th  century  a.d.  Though  the  passages  of  Seneca 
cited  above  might  bear  this  interpretation,  there 


918 


VALLUM 


VALLUM 


19  no  reason  to  coDsider  the  Taletudinam  which 
he  mentions  m  anything  bat  infirmaries   for 
slaves  in  pri  irate  houses.    Attendants  for  such 
raletodinaria  are  mentioned  in  C,  L  L.  vi.  4475, 
9084,  9085.    [As  regards  miliUry  valHwUnaria 
in  camps  for    sick  or    wounded  soldiers,   see 
ExEBCiTUB,  Vol.  I.  p.  802  6.]    The  earliest  men- 
tion of  an  infirmary  or  hospital  for  the  poor  in 
Italy  seems  to  be  that  found  in  Jerome  {Ep,  iii. 
10,  de   mart.   Fab.),  where  we   are  told   that 
Fabiola,  ▲.D.  380,  took  care  of  the  sick  brooght 
from  the  streets  into  a  building  of  this  kind : 
*'Primo  omnium  nosocomium,  id  est  languen- 
tium  yilJam,  instituit,  in  quo  aegrotantes  colli- 
geret  de  plateis  et  oonsnmpta  languoribus  atque 
inedia  membra  foveret."       Shortly  before  this 
(▲.D.  372)  we  hear  (Sozom.  Hist.  Eccles.  y'l.  34) 
of  a  hospital  at  Caesarea  established  by  Basil 
(primarily,  however,  for  the  reception  of  poor 
travellers  or  pilgrims).     Vercoutre  maintains, 
probably  with  reason,  that  all  idea  of  such  an 
institution  was  derived  by  the  Romans  from  the 
Greeks,  whose  lead  they  followed  in  everything 
connected  with  medicine  [see  Medicina,  Medi- 
cus].    We  doubt,  however,  whether  this  writer 
is  justified  in  making  as  much  as  he  does  of  the 
Greek  iarptta,  or  in  regarding  them  as  in  any 
sense  hospitals.  The  state  physicians,  who  treated 
the  poor  gratuitously  in  return  for  their  state 
salary,  had  in  many  Greek  cities  not  only  their 
medicines  and  surgical  appliances  provided  for 
them  by  the  state,  but  also  a  room,  or  suite  of 
rooms,  called  IcrrpciOF,  which  otherwise  means 
merely  the  consulting-room  and  dispensary  of 
any  physician  [Medicus].     The  description  in 
Galen   is  oIkoi  fjL4ya\oi    $6pat  fityd\as  ^^ttrhs 
irX^pcif  ix^^^^^t  ^^*>^  ^^  ^^^  KariL  iroAA^;  r&y 
voXimv  MSorroi  roXs    tttrpotSj   ots    Topoftn/fit^s 
airrAy  larptTa  Tpovayoptvovtri  (Gal.  in  Hippocr. 
de  Med.  Officin.  i.  8).     In  such  rooms  it  is  pro- 
bable that  patients  might  remain  for  a  time ;  if, 
for  instance,  they  were  unable  to  move  after  an 
operation  :  but  we  lack  information  which  would 
warrant   our  crediting'  Greece   with    hospitals 
properly  so  called  earlier  than  the  4th  century, 
it  is    possible   that   the  iratAyioy  at    Piraeus, 
mentioned  by  Crates,  the  comedian  of  the  5th 
century  B.C.  ( Fr,  15,  Meineke),  may  have  been 
something  of  the   kind,  but  this  is  doubtful; 
at   any  rate,   it    is   not  alluded    to  anywhere 
else,  and  can  hardly  have  been  an   institution 
lastiug  or  imitated  in  many  other  places.    The 
function  of  hospitals  for  the  poor  was,  to  some 
extent,  performed  by  the  temples  of  Aesculapius 
[Medicus,  p.  154],  where  the  priests  no  doubt 
combined  a  certain  amount  of  medical  knowledge 
(cf.  Liv.  xlv.  28)  with  a  great  deal  of  quackery 
and  superstitious  observance  (cf.  Aristoph.  Fiut. 
665  ff.),  and  it  may,  we  think,  fairly  be  surmised 
that  the  disuse  of  these   temples  in  Christian 
times  made  the   necessity  of   hospitals    more 
apparent,  and  so  led  to  their  institution,  in  much 
the  same  way  as  in  this  country  the  suppression 
of  monasteries,  which  had  largely  relieved  the 
indigent  poor,  made  the  necessity  of  Poor-laws 
immediately    evident.     (On    this    subject,  see 
Daremberg,  ffist,  de  la  M6d/eciney  ch.  i. ;   West- 
minster EevieWf  vol.  Iii.;   and  especially  three 
articles  by   Vercoutre  in  Revue  Archfol,  1880, 
pp.  90,  231,  309  ff.)  [G.  E.  M.] 

VALLUM,  a  term  applied  either  to  the  whole 
or  a  portion  of  the  fortifications  of  a  Roman 


camp.  It  is  derived  from  ^oalUa  (a  stake),  and 
properly  means  the  palisade  which  ran  along 
the  enter  edge  of  the  top  of  the  agger,  but  it 
very  frequently  includes  the  agger  also.  Tne 
vallum,  in  the  latter  sense,  together  with  the 
fossa  or  ditch  which  surrounded  the  camop  out- 
side of  the  vallum,  fon)ied  a  complete  fortifica- 
tion [AGGBa],  and  accordingly  the  word  vaUvm 
is  almost  always  found  in  connexion  with  fosm. 

The  valii  (x^paxts)  or  smies  (Caes.  Beii.  GalL 
V.  40,  6 ;  Veg.  L  24,  iu.  8),  of  which  the  vallam. 
in  the  former  and  more  limited  aenae,  was  com- 
posed, are  described  by  Polybina  (xriiL  18,  5  ff.. 
ed.  Hultsch  =  xviii.  1,  ed.  vulg. :  see  Mr.  Stra- 
chan-Davidson's  notes  on  this  difficult  passage, 
pp.  416-17)  and  Livy  (xxxiii.  5),  who  make  a 
comparison  between  the  vallum  of  the  Greeks 
and  that  of  the  Romans,   very  much   to  the 
advantage  of  the  latter.     Both  used  for  valii 
young  trees  or  arms  of  larger  trees  with  the 
side  branches  on  them ;  but  the  valU   of  the 
Greeks  were  much  larger  and  had  more  branches 
than  those  of  the  Romans,  which  had  either  two 
or  three,  or  at  the  most  fi>ur  branches,  and  these 
generally  on  the  same  side.     From  their  simi- 
larity to  the  antlers'of  a  stag  (Sil.  luL  x.  414), 
they  were  sometimes  called  cervi  (Varroi,  L.  L. 
V.    117,   Muller;  Caes.   B^L   Gali,  ru.  72,  4: 
TibuU.  iv.  1,  84:  cf.  Uv.  xliv.  11,  4),  or  cercoli 
(Frontin.  Strateg,  i.  5,  2 ;  Hygin.  dsMtm.  Castr. 
§  51).     The  Greeks   placed   their  valii  in  the 
agger  at  considerable  intervals,  the  spaces  be- 
tween them  being  filled  up  by  the  braadiea ;  the 
Romans  fixed  theirs  close  together,  aad   made 
the    branches    interlace,   and   sharpened    their 
points  carefully.     Hence  the  Greek  vallos  could 
easily  be  taken  hold  of  by  its  large  branches 
and  pulled  from  its  place,  and  when  it  wa^  re- 
moved a  large  opening  was  left  in  the  vallum. 
The  Roman  vallus,  on  the  contrary,  preeeated 
no  convenient  handle,  required  very  great  force 
to  pull  it  down,  and  even  if  removed  left  a  very 
small  opening,  as  the  stake  itself  was  so  amall. 
The   Greek   valii   were   cut  on  the  spot;    the 
Romans  prepared  theirs  beforehand,  and  each 
soldier  carried  three  or  four  of  than  when  on  a 
march  (Polyb.  L  c. ;  Verg.  Gearg.  iii.  346,  347 : 
Cic.  2\uc.  h.  16,  37 ;  Uv.  /.  c.  and  £piL  IviL). 
They  were  made  of  any  strong  wood,  bat  oak 
was  preferred. 

The  word  vallus  is  sometimes  used  as  equiva- 
lent to  vallum  (Caesar,  Bell,  do,  iii.  63). 

A  fortification  like  the  Roman  vallum  was 
used  by  the  Greeks  at  a  very  early  period  (Honu 
77.  ix.  349,  350). 

Varro's  etymology  of  the  word  (viz.  ^wl 
quod  ea  varicare  [stride  over  it]  nema  potest 
vel  quod  singula  ibi  extrema  baciUa  fiirallata 
habent  figuram  litterae  V : "  L.  L.  v.  117,  ed. 
Muller)  is  not  worth  much.  The  real  derivation 
is  probably  from  the  root  var  (wi/),  **  to  protect,** 
whence  vertri,  ^Aos  ;  cf.  Vani^ek,  pp.  900,  9i»l. 

In  the  operations  of  a  siege,  when  t^  place 
could  not  be  taken  by  storm,  and  it  became 
necessary  to  establish  a  blockade,  this  was  dvne 
by  drawing  defences  similar  to  those  of  a  camp 
round  the  town,  which  was  then  aaid  to  b« 
circumtallalum.  Such  a  circumvallation,  besides 
cutting  off  all  communication  between  the  town 
and  the  surrounding  country,  formed  a  de£nc» 
against  the  sallies  of  the  besieged.  There  was 
often  a  double  line  of  fortifications,  the  inner 


TAS 


919 


might  Mttempt  to  niie  tb«  si*gt.     lu 
COM  tha  umy  wiu  encainpcd  batween  the  two 
liati  of  work  a. 

Thii  kind  of  circnmTallatioD,  which  th«  Grceka 


calUd  iMxyrnxic/tbi  uid  irtpiT(i;ci0>iJi,  wu  im- 

blojed  bf  the    PelopoDDesiaiu   in  the  tiege  <  " 
FlaUeu    (Thncjd.    ii.    78,   iii,   SO-23).      Thi 


ei  coaaiatfld  af  tvo  whIIi  (apporcjitEy  of 
at  the  diatsDce  ef  U'  f«et,  vbich  (niroanded  the 
<3tj  in  the  form  of  a  circlo.  Between  the  walls 
were  the  huti  of  the  besiegen.  The  walli  had 
bittlemenU  (/r^tit),  nnd  at  eierj  tenth 
battUnMnt  wai  a  tower,  Ulling  up  hj  it>  depth 
the  whole  ipac*  betweec  the  walli.  There  was 
*  pasaage  for  the  heiiegfri  through  the  middle 
of  each  tower.  On  the  outaide  of  each  wkII  hu 
a  ditch  (riffHii).  Thii  description  would  almoet 
uacUj  auwer  for  the  Roman  mode  of  circum- 

are  that  of  Carthnge  by  Scipio  (Appian,  Punic. 
119,  Ik.),  that  of  Numagtia  b^  Scipio  (Appian, 
JTispoH.  90), and  that  of  A1e$ia  by  Cietar(£«'J. 
Oall.  TJi.  K,  73).  The  towen  in  inch  lines 
were  similar  to  thoae  used  io  attacking  fortified 
placu,  bat  nut  «>  high,  and  of  coune  Dot  move- 
able. [Tderis.]  (Lipaioa,  de  MUit.  Jtom.  t.  5, 
in  Oper.  iii.  pp.  156, 137  ;  Poliorc.  ii.  1,  in  Ojier. 
iii.  383;  Matqnardt,  SOm,  StaatsvtnBoltang,  ii,* 
419 ;  and  the  art.  CiS[&±  in  Vol.  I.  of  this 
Dictionary.)  [P.  S.]     [L.  C.  P.] 

VANNUB  (KIkfow}.  a  winnowing  fan,  U  a 
hromi  baiket,  into  wliich  the  coru  mlitd  with 
chaff  wu  receited  aftrr  threshing,  and  was  theu 
-thrown  up  into  the  wind  so  as  to  disperse  the 
chalT  and  leare  tha  grain  (Col.  S.  R.  ii.  2[; 
Verg.  Qeorg.  iii.  13i).  The  same  proceaa  was 
perfumed  by  the  (probably)  more  primitive 
wooden  ahovel  (imioi>,  pain  ligiua),  i,a  implement 
with  ■  long  handle  and  broad  blade,  lutticieutly 
like  an  oar  to  acconnt  for  the  paiaage  in  the 
Odyuey  wlwra  tbe  oar  is  mistaken  for  the  iSiiirii- 
Xmyot  iOd.  li.  128;  Pai.4).  The  eipressioD 
''  mjatica  rannns  lacchi  "  in  Verg.  Geurg.  i.  166 
ehowa  that  the  ahape  of  the  basket  winnowing 
fan  and  the   Bacchic  Xiiiyoy  (whence  the  title 


Ejected.  The  Afjtra  ^iwrui  are  mentioned  by 
lutarch  (Altx.  2)  a*  being  covered  with  ivy, 
and  containing  icipent*  which  belonged  to  the 
cult  of  Dionyens.  It  i>  probable  that  lometimea 
a  fignre  of  the  infant  Dionyaoa  wai  nctnally 
placed  in  it,  though  the  repreaeutation  in  the 
itefiin  engraved  aiwve  may  only  indicate  that 
!  was  regarded  as  apiritnally  present  in  the 
proceaaions.  Wt  lee  here  the  infant  god  carried 
\liirar  or  Taanus  by  two  figures,  a  Satyr 
ig  a  thyrans  and  a  Haenad  bearing  a  torch, 
both  wearing  akina  [Nebrib].  Som»1iBve  wished 
o  trace  a  aymbolism  of  parification  by  fire  and 
lii  [cf.  Oscilla],  but  we  have  little  doubt  that 
the  Bimpler  eiplaDation  of  the  mystic  vannue  i> 
true.  Plutarch  tpeaks  of  the  "  Awakening  of 
Dionysna  "  (Sru  al  SuiiJar  iylp<iir^  rbv  Aiivf- 
■njF,  la.  tt  Oa.  35  ;  cf.  i/ifitrij  ku^Jm  Birnxor — 
i-ypintrw  Mipau  Sfia  nifi^t  <trAo«il^tiTV, 
Orph.  JHymii.  53),  which  belonged  to  the  Deiphie 
winter  month  Afta^piai.  The  swinging  of  the 
basket  cradle  by  the  nymphs,  who  were  the 
nunea  of  Dionysna,  represented  the  call  upon  the 
god  of  apriDglng  vegetation  to  awake. 


fl-H  Ji;i  .■i."  ■■  :  ,    ^ 

■\  '\iuiJi: 

'^TX^^V^'  '^''•-  'P- 

—  •-^•--•'^^■-'r 

The  au^eation  of  Mr.  Andrew  Lang  (Ctufom 
aiul  Myth,  p.  36),  that  the  inysfico  vannus  wai 
■  magic  method  'of  raising  the  wind,  like  thi 
whirliogof  the  turgor  rAomiui[TDRBo],  though 
ing«nioiu  and  attrnctive,  mnit,  we   think,  be 


1  infan 


■ping,  I 


sthev 


by  apring-time  he  is  to  wake  and  gain  his  full 
strength:  hence  the  appropriateness  of  the  corn 
basket  being  also  the  cradle  of  the  god.  The 
idea  is  illustrated  by  the  German  superstition  of 
"waking  the  com"  described  by  Hannhardt 
(  Wold-  und  Feld-Kulte,  i.  534)  :  perhaps  alao  by 
the  "  corn-baby  "  (see  Fraier,  Golden  Botigh, 
ii.  23).  The  icene  on  the  tcrra-cotta  shows 
douhlieas  what  the  procession  of  the  Amro^opis 
at  Delphi  and  elsewhere  represented  :  the  Aicro- 
^pot  (Dem.  de  dr.  p.  313,  §  260)  bore  a  cradle 
in  which  was  either  the  infant  god  himself  or 
his  attributes,  the  sacred  aerpents,  &c.  (See 
further  on  thii  subject  Lobeck,  AgtaopK.  TOO ; 
Roacher,  Ixxkat  der  Or.  and  SBm.  Myth,  pp. 
1042  i. ;  Baumeister,  Dmkm.  p.  850.) 

aY.]     [G.E.M.] 

VAPPA.    rVmpii.] 

VAS  (legal>    [Actio,  p.  17 ;  Praes.] 

VAS  (sum,  generic  name  for  eartheQware) 

covers   in  it!  extended  sense  (a)  cetselt  of  all 

materiala ;    (h)  nieniSa  of    every  aart ;    and   it 

(c)  in  a  special  use  applied  to  the  baggagt  of 

Eorthenware  naturally  aubdivides  itaelf  intu 
two  classes,  embracing  firstly  thoae  objecta  of 
the  commonest  utility  which,  once  a  aoitable 
material  and  form  have  been  invented,  retain 
that  form  and  material  practically  nnnltend 
to  the  end ;  and,  secondlv,  those  which  are 
subject  also  to  the  laws  of  omsment  and  faahion. 
Product  of  primitive  civiliaation  aa  is  the  inven- 
tion of  baked  clay  for  honiehold  otenaila,  no  art 
ia  wholly  removed  from  the  influence  of  its 
tiater  artt.  Gnurda,  earlier  in  use  than  earthen- 
war*  vesaeli,  ahowed    men    how  to   shnpe    ■ 


neul-w 


nenUl 


The  earliest  pottery  unearthed  on  Greek  aoil 
la  represented  in  the  Gndi  of  Dr.  Schlietnann  at 
Hiaurlik,  and  is  of  a  rude  type.  The  manu- 
facture is  aa  yet  in  almost  its  first  stase.  There 
are  vases  uf  very  vHrioua  forma,  doabtlet*  meant 
for  special  uses,  but  abowing  no  great  adapta- 
tion of  meitni  to  end :   in  scarce^  more  than 


VAS 


tn-o  leriei  hai«  th«  potten  tuccecJfd  in  eatab-     have  been  rnbbed,  iftci 
lisliinj  tiied  types ;  the  oat  (Hg   1)  being  that     or  lonie  sir 


tg,  b;  a  piece  of  wc^l 

and  impart  a  certain  poliiii.  The  clay  contains 
maoj  |iarticlt«  of  mica,  which  mar  be  awd  like 
paaaded  granite  to  bind  and  slreagtben.  Handle 
are  not  generally  employed,  and  their  place  is 
taken  by  bosaes  pierced  for  the  puaage  of  a 
thong  by  which  the  veinel  might  be  hnng  againsi 
a  wall :  a  practice  lometimei  retained  in  later 


nera  fan 


The  1 


which  Dr.  Schliemann  imagined  might  repreaent 
the  Homeric  i^af  i)i^iKirt\Mr,  the  other 
(fig.  2)— the   "owl-vaie"  — being   noteworthy 


mde  idea  of  de»ign.  Theae  icratchinga  haie. 
Dr.  SchliemaDD  *tate»,  been  in  many  cajes 
"  lilted  up  with  white  chalk  ;"  bnt  the  preMi.ce 
of  the  chalk  may,  aa  in  the  parallel  inataacc 
of  certain  Cypriote  Tasea,  be  accidental  and  dee 
to  the  nature  of  the  aoil,  which  both  at  Hiaurlik 
and  Alambra  (Cypraj)  it  of  a  limeatone  formi- 
tioQ.  A  fragment  of  a  large  rl9at  "  frain  the 
■ecoud  city  "  eihibiti  a  aecond  ityle  of  emuuei- 
tation,  the  design  being,  given  by  atrip*  of  clay 
applied  in  relief.  {Per  the  Hittarlik  pottery,  tee 
SchliemaDD,  Iliot  aod  Tnya;  Dumout  et 
ChaplaiD,  Lfi  CAvmlgutt,  «.  v.] 

In  mAiiy  wars  anslogoni  to  the  potleiy 
of  Hisaarlik,  but  ahowing  a  diitinct  adTucr 
apon  it,  is  that  obtained  from  the  most 
ancient  graves  of  Cypms,  The  claaa  of  ware 
here  indicated  is  known  by  Ihe  name  of  the 
place  where  mwt  example*  hare  been  fannd, 
Alunbra  (Dali):  el*eiiher«  in  Cypnu  it  ha* 
not  been  diicovered  except  at  Lamaca  (Ki- 
lioD):  both  are  litei  eipecially  uiociated 
with  Phoenician  colonisation.  The  class 
coDliits  of  rases  (a)  covered  with  a  vitreoni 
slip  and  baked  to  i  luitrons  red,  almoit  ter- 
milion  in  tint,  maging  lometimes,  by  ortr- 
eiposore,  to  black  or,  by  under-eipoaure, 
to  a  light  red:  the  ornamentation  ii  by 
lines  incised  generally  before,  occasionally 
alter,  liring.  Some  apecimen*  of  thii  ctai* 
are  decorated  in  appliqnd  with  itript  of  clay, 
which  here  and  there  take  ihape  as  lerpent:. 
(j>)  Made  nf  eitra  fine  clav,  moulded  to  a 
very  delicate  texture.  The  colont  i*  gT»y. 
or  pale  black ;  and  the  vessel*  art  1f*« 
frequently  ornamented  with  incised  lioet, 
and  more  often  by  appliqut  work  .-  often  the 
T.iie  is  left  plain.  The  ware  aeemi  to  be 
ruther  later  in  date  than  that  rooDtioned 
,r(.). 


a>  marking  a  (iret  attempt  to  eitab 
analogy  between  a  vase  and  a  living  iniDg,  h 
principle  of  design  and  decoration.  [Eiamples 
of  the  shapes:  SchliemaDD,  Iliai,  p.  29»,  No.  179, 
and  pp.  340  S.,  fig*.  327  ff.,  respectively.]  This 
annlogy,  though  helpful,  li  responsible  for  many 
vagaries  in  early  ceramic  art.  The  Hissarlik 
vases  are  hand-made — Dr.  Schliemann  excepts 
one,  figured  Ilios,  p.  2U,  So.  23— are  gcDenilly 
of  n  dull-black  colour  produced  by  the  smoke 
«f  the  fnnuce  impregnating  their  substance,  and 


imament.  Two  shapes  are  characteri 
the  first  of  which  is  simply  a  reitfodni 
in  clay  of  .he  long-.talked  gou 
always  been  aud  is  to-d^iy  th 
water-  or  wine-bottle  of  the  Cypriotes :  ia 
some  cases  it  ha*  even  been  titled  with 
a  string  and  stopper,  thus  earning  the  re- 
nblance  into  the  closest  deUiL  (_Xa  example 
in  the  Brit.  Mus.,  1  V.  it..  Wall-case  3,  No.  1.] 
e  other  shape  is  that  of  a  broad,  shallow. 
Something  like  a  system  ri 
o  appears:  the  arntcbes  are 
gathered  together  to  form  loieoges  and  cable>, 
and  the  lield  is  divided  into  sectiona  by  perpen- 
dicular lines.  Uany  of  the  vaiel  with  their 
bright  red  colouring  set  off  6y  th*  whita  lines 
of  incision,  or  their  delicate  grey  tint,  art  really 
eSectire.    Their  greater  merit  may  be  dse  t» 


handleless  c 


VAB 


VAS 


921 


Semitic  influence,  to  which  also  the  use  of  the 
wheel  is  perhaps  to  be  assigned. 

Similar  rases,  though  of  inferior  stjle,  have 
been  found  on  a  number  of  the  Aegean  Islands, 
auch  as  Amorgos,  Antiparos,  Naxos,  Melos  :  and 
they  represent  a  distinct  epoch  in  ceramics,  an 
epoch  undoubtedly  of  considerable  duration. 
Already  howerer  a  new  style  is  growing  up, 
and  the  introduction  of  painting  opens  a  great 
career  to  the  potter.  By  whom  and  when 
painted  vases  were  invented  is  unknown,  nor  is 
it  necessary  to  assume  for  them  a  single  source. 
At  Thara  (Santorin),  which  has,  among  the 
Aegean  Islands,  yielded  the  richest  harvest  of 
early  pottery,  the  new  style  is  found  already 
established.  Thera  ware  is  made  entirely  upon 
the  wheel,  and,  almost  for  the  first  time,  vases 
are  furnished  with  a  foot  and  intended  to  stand 
by  themselves  instead  of  being  hung  against  a 
wall.  The  clay  used  proves  the  fabric  to  be  an 
insular  product :  while  the  ornamentation  shows 
a  great  preference  for  plant-life,  but  admits  also 
animal  forms.  Though  great  success  is  not 
attained,  there  is  a  distinct  striving  to  imitate 
nature.  As  to  colours,  red,  brown- black,  and 
white  are  used  upon  prepared  grounds  of  grey, 
buff,  and  a  brownish  red.  By  substituting  the 
brush  for  the  point  the  artist  is  enabled  to 
ornament  also  the  inside  of  the  vase,  and  thus 
a  new  departure  is  taken.  * 

Thera  pottery  is  found  beneath  a  lava  stratum, 
and  this  fact  has  given  it  an  exceptional  value  as 
suggesting  the  possibility  of  an  approximate 
date.  Geologists,  however,  are  unable  to  speak 
either  with  precision  or  unanimity ;  and  the 
opinion  now  in  vogue  that  the  ware  belongs  to 
the  period  2000-1500  B.C.  must  stand  for  what 
it  is  worth.  Any  attempt  to  date  the  Hissarlik 
and  Alambra  types  from  that  of  Thera  is  with- 
out  value :  Cypriote  pottery  in  particular,  owing 
to  its  conservativeness,  is  exceptionally  difficult 
in  the  matter  of  chronology. 

[For  early  Cypriote  pottery,  see  an  article  by 
Sandwith,  Archaeologia,  xlv.  (1877-80),  which 
is  especially  valuable  for  its  reserve,  and  for  its 
illustrations  in  colour  (v.  pi.  ix.) ;  also  Diimmler, 
Mitth.  d,  AtK  Inst  xi.  pp.  209  f.  and  A.  S.  Murray 
in  Cesnola's  Cyprus,  For  Thera,  Dumont  et 
Chaplain,  Les  CeramiqueSy  s.  r.  <'  Type  de  San- 
torin," and  pll.  i.  and  ii. :  the  geological  question 
in  Fouqu^,  Santorin  et  ses  Eruptions.'] 

The  vases  of  Thera  supply  a  natural  point  of 
transition  to  the  second  great  stage  of  early 
ceramic  art  represented  by  the  so-called  Ky- 
eenaeaa  ware.  Spread  over  virtually  the 
whole  of  the  ancient  classical  world,  there  has 
been  found  a  class  of  pottery  more  or  less  uni- 
form in  technique  and  ornamentation  which  has 
formed  the  subject  of  special  study  by  Drs. 
FurtwUngler  and  Ldschcke  and  has  been  named 
by  them  **  Mycenaean."  This  class  divides  itself 
broadly  into  vases  painted  (a)  with  opaque,  or 
mattj  and  (6)  with  lustrous,  colours  {Mattmalereif 
FimissmcUerei),  The  iirst  division  is  of  less 
interest,  is  relatively  small,  and  of  greater  an- 
tiquity. Examples  of  it  occurred  only  in  the 
deepest  layers  at  Mycenae,  and  it  is  not  generally 
found  accompanying  (6)  in  localities  other  than 
Mycenae  itself.  The  decoration  is  painted  in 
opaque  colour,  either  on  red  or  pale  clay :  in  the 
former  case  the  tints  are  vielet-brown  and  red, 
and  white  is  at  tiroes    employed,   while   the 


surface  is  polished;  in  the  latter  only  violet- 
brown  is  used,  and  there  is  no  polishing.  The 
ornaments  sometimes  show  a  close  analogy  to 
the  metal-work  which  Dr.  Schliemann  found 
accompanying  the  pottery. 

(6)  The  introduction  of  lustrous  colours  is  *^  a 
new  factor  in  vase-making;"  and  is  to  all  in- 
tents peculiar  to  Greek  ceramics  (including  the 
pottery  of  peoples  taught  by  Greece).  Four 
different  styles  may  be  distinguished: — 1.  A 
small  class,  ground  completely  covered  by  black 
varnish,  on  which  designs  are  painted  in  matt 
white  or  red.  2.  The  ground  is  supplied  by  a 
whitish  or  yellow-brown  slip,  the  ornament 
painted  in  black-brown  (lustrous).  3.  A  lustrous, 
warm-yellow  surface  is  ornamented  with  paint- 
ings in  all  shades,  from  yellow  to  dark  brown. 
4.  Similar  but  duller  both  in  ground  and  lustre. 
Inner  face  of  open  vases  treated  with  varnish- 
colour.  Of  these  styles  the  third  is  the  im- 
portant one,  and  is  the  one  almost  solely  repre- 
sented outside  the  Argolid. 

While  the  classification  .holds  good,  the  con- 
clusions based  upon  it  by  its  authors  are  more 
open  to  objection.  They  found  in  the  Mycenae 
ware  the  outcome  of  a  civilisation  pre-Dorian 
but  not  un-Greek,  localised  in  and  about  My- 
cenae, which  carried  by  the  channels  of  trade 
its  manufactures  to  all  parts  of  the  ancient 
world,  so  that  "  the  Mycenaean  pottery  was  as 
exclusively  made  in  the  Argolid  as  the  later 
Attic  ware  at  Athens,  or  the  Corinthian  at 
Corinth."  These  positions  have  been,  with  good 
reason,  often  challenged ;  but  an  alternative 
theory  has  not  yet  received  the  stamp  of  general 
assent.  In  any  case  the  problem  of  Mycenae 
is  bound  up  with  the  greater  problem  of  the 
Mycenaean  culture  in  general  as  represented 
especially  in  its  metal-work ;  and  that  culture 
has  been  variously  traced  to  Phoenicia,  Egypt, 
Crete,  and  Caria. 

Two  styles  of  ornament  mark  themselves  out 
in  **  Mycenaean  "  pottery,  and  are  indebted  re- 
spectively to  marine  forms,  and  the  conventions 
of  metal-work,  the  former  being  especially  in 
favour  at  lalysos,  the  latter  at  Mycenae.  Two 
shapes  also  are  highly  characteristic,  the  vase 
with  a  bow-form  handle  {Biijelkanne)  and  the 
cuttle-fish  goblet :  the  first  a  general  receptacle 
for  water,  wine,  oil,  and  ointments ;  the  latter  a 
drinking  cup,  owing  both  form  and  ornament  to 
the  popularity,  probably  as  great  then  as  now, 
of  a  fish  which  is  considered  at  once  a  {leculiar 
delicacy  and  an  excellent  thirst-producer. 

[For  Mycenae  ware,  v.  Furtwiingler  and 
Loschcke,  Mykenische  Thongefasse  and  My- 
henische  Vasen,  A  summary  of  the  Mycenae 
controversy  to  date  is  given  in  the  last  chapter 
of  Schuchhardt's  Schliemann*s  Ausgrabimgen.'] 

A  small  but  most  interesting  class  of  early 
vases  is  that  which  imitates  Phoenician  glass. 
It  is  mainly  represented  by  specimens  obtained 
by  Mr.  George  Dennis  in  1882  from  the  tumuli 
of  Bin-tepe  near  Sardis.  The  clay  is  painted 
with  waved  lines  of  the  warmest  orange  and  red, 
and  is  highly  polished.  Other  imitations  of 
glass  ware  have  been  found  on  different  sites, 
and  in  Cyprus  the  style  remains  down  to  a 
comparatively  late  date. 

In  the  Alambra  and  especially  in  the  Mycenae 
pottery  a  new  ornamental  style  is  beginning  ta 
assert  its  claim  to  notice,  the  Oeonwtrle.    Owing 


922 


.VAS 


VAS 


its  origin  very  largely  to  the  influence  of  tech- 
nique in  metid,  from  which  it  borrows  many  of 
its  most  characteristic  members,  like  the  con- 
centric circle,  spiral,  maeander  and  cable,  and 
rosette,  it  soon  won  independence  and  makes  its 
first  appearance, — ^in  the  Dipylon  vases, — already 
a  matured  and  established  convention.  That  it 
attaches  itself  closely  in  point  of  development 
to  the  preceding  Mycenae  ware  may  seem  es- 
tablished by  the  fact  of  its  being  found  side  by 
side  with  the  third  and  fourth  varieties  of  that 
style :  but  in  reality  there  is,  from  a  technical 
point  of  view,  a  very  perceptible  break  between 
the  two;  the  birth  of  the  Geometric  style  is 
unknown,  and  it  meets  us  first  as  a  finished 
^  product  which  a  long  process  of  development 
must  have  preceded.  This  fact,  coupled  with 
a  minute  examination  of  formal  style  and  the 
elements  of  ornamentation  employed,  has  natu- 
rally suggested  an  origin  in  a  manner  foreign. 
Furtwangler  and  LSschcke  would  regard  the 
Geometric  principle  in  contrast  to  the  Mycenae 
technique  as  Dorian  compared  with  pre-Dorian  : 
others,  as  Kroker  (JaKrbuchy  1886,  pp.  95  f.),  have 
endeavoured  to  prove  a  close  connexion  with 
Egypt,  others  with  Phoenicia  or  Ionia.  (Older 
theory  of  the  Geometric  vases  in  Conze,  Atmali, 
1877,  p.  396  n.)  The  finest  and  most  numerous 
specimens  however  come  from  Athens,  especially 
from  the-  neighbourhood  of  the  Dipylon  (whence 
the  name  given  to  this  ware) ;  and  a  compara- 
tively late  oenochoe  is  marked  as  Attic  by  its 
inscription  {Mitth.  d.  Ath.  Jnst  vi.  Taf.  3).  That 
Athens  was  the  main  seat  of  manufacture  is 
practically  certain,  but  this  in  no  way  excludes 
the  question  where  the  style  first  originated,  a 
question  which  for  the  present  remains  open. 
Nor  is  the  chronology  of  the  Geometric  style 
satisfactorily  determined.  It  may  have  run  its 
course  for  five  or  six  centuries,  and  l&its  in 
Greece  proper  down  to  the  6th  cent.  B.C.  Limits 
of  space  make  it  impossible  here  to  give  a  de- 
tailed account  of  the  system  of  ornament :  it  will 
be  enough  to  reproduce  an  example  (fig.  3)  which 
contains  almost  all  the  chiiracteristic  traits  of 
its  class,  and  to  refer  for  specimens  of  the  date- 
less conventionalised  style  to  the  collection  from 
Cyprus  in  the  British  Museum  (1  V.  R.). 

Attention  should  be  specially  drawn  to  the 
prevalence  of  forms  of  aquatic  life,  the  limitation 
of  range  in  the  depicting  of  quadrupeds,  and  the 
introduction  of  scenes  from  daily  life,  among 
which  funeral  processions  and  sea-fights  deserve 
most  notice.  Both  matt  and  lustre  colours  are 
used,  including  red  of  all  shades,  brown,  and 
black,  while  the  ground  is  generally  of  a  pre- 
pared tone,  varying  from  the  palest  neutral  stone 
to  a  deep  red.  Owing  much  to  Orientalism  in 
its  first  development,  the  Geometric  style  at- 
tained so  high  and  lasting  a  popularity  and 
became  so  purely  conventional  that  it  threatened 
to  crush  all  life  out  of  ceramic  art,  when  salva- 
tion came  by  a  new  impulse  from  the  East. 
Thenceforth  two  movements,  conservative  and 
progressive,  manifested  themselves.  The  great 
merit  of  the  style  lies  in  the  training  it  gave 
the  artist  in  sureness  of  hand  and  eye,  and  in  the 
perfecting  of  shapes. 

The  pottery  of  Cypnu  may  here  be  briefly 
dismissed.  Alambra  ware,  already  treated,  is  in 
all  probability  genuinely  archaic :  absolute  cer- 
tainty is  out  of  the  question.    Geometric  style 


was  early  established,  and  soon  drove  all  com- 
petitors from  the  field:  it  shows  a  apecial 
preference  for  concentric  circles  and  aquatic 
life.  The  process  of  development  is  in  a  manner 
retrograde :  the  later  the  ware,  the  simpler  and 
more  purely  geometric  is  its  ornamentation. 
Upon  an  unvarying  background  of  geometric 
forms  foreign  influences  from  time  to  time 
superimposed  themselves,  and  vanished,  in 
agreement  with  political  conditions,  and  thus 
there  came  into  existence  an  E^fptian-geo- 
metric,  an  Assyrian-geometric,  ^'a  Persian-geo- 
metric, and,  lastly,  a  Greek-geodDetric.  Finally 
the  style  seems  to  die  out  alMut  the  i  end  of  the 
4th  century,  although  isolated  specimens  may 
go  down  even  to  Roman  times.  No  group  of 
vases  is  to  be  identified  with  the  Phoenicians. 
There  is  no  reason  to  believe  that  that  people 
ever  manufactured  pottery  to  an  appreciable 
extent;  though  they  introduced  the  potter's 
wheel  and  other  secrets  of  the  craft  from  Egypt 
and  Babylon.  Pottery  is  alien  to  the  spirit  of 
their  trade,  which  was  concerned  with  articles 
of  little  bulk  and  high  value.  Still  Phoenicia  is 
responsible  (a)  for  the  intro<luction  of  cert;iin 
Oriental  forms  (like  the  sacred  tree) ;  (b)  for  a 
more  lasting  Semitic  flavour  than  the  temporary 
dominion  of  successive  conquerors  would  have 
imparted.  Apart  from  the  accidents  of  political 
necessity,  identically  the  same  style  of  ware 
remained  in  use  for  centuries :  nor  is  there  any 
particular  reason  for  assigning  a  given  vase  to 
the  end  or  the  beginning  of  the  period.  [The 
report  of  the  last  excavations  in  Cypn»,  Journ. 
Hell,  Stud,  1890,  may  be  consulted.] 

The  universal  extension  of  Geometric  style 
gave  rise  to  many  local  varieties,  and  from  this 
epoch  begin  fabrics  classed,  with  greater  or  less 
justice,  as  imitative.  Especially  was  this  the 
case  in  Italy,  the  great  market  for  vases,  where 
native  ceramic  art  now  entered  upon  and 
maintained  to  the  last  a  rivalry  with  Greek 
(continental)  wares.  It  was  once,  through 
ignorance,  the  fashion  to  attribute  all  figuxied 
vases  to  Etruria;  it  is  now,  through  over- 
subtlety,  equally  the  fashion  to  attribute  erery- 
thing  to  Greece  proper.  By  anticipation  it  may 
be  said  here  that  beside  the  distinct  local 
Etruscan  wares,  so  well  represented  at  Florence, 
there  were  certainly  other,  and  S.  Italian  Greek, 
imitations  of  later  Corinthian  and  Attic  pottery  ; 
but  that  these  were  not,  virtually,  contempo- 
rary with  their  prototypes,  it  is  difficult  toahow. 
To  have  insisted  on  the  possibly  muck  wider 
scope  of  such  imitative  art,  to  have  protested 
against  the  over-hasty  generali^tions  now  in 
vogue,  is  the  great  merit  of  Prof.  Brunn ;  hut 
his  attempt  to  degrade  so  many  figured  vases  to 
the  level  of  late  Italian  imitations  has  mainly 
failed,  resting  as  it  does  primarily  on  a  mistaken 
view  of  the  epigraphic  evidence  firom  vaa»« 

In  the  Geometric  style — to  return  from  this 
brief  digression — new  tendencies  soon  appear.  A 
small  class  of  vases,  named  after  the  place  of 
discovery  Phaleron,  embraces  a  series  of  jugs 
(plpae)  of  a  peculiar  shape,  having  a  narrow 
body,  an  extremely  high  and  broad  neck,  and  a 
trefoil  lip.  Though  not  differing  in  tediniqne 
from  the  Dipylon  class,  these  vases  introduce 
new  features  in  the  characteristic  label  orna- 
ment of  the  neck,  in  a  manner  of  filling  the 
field  which  is  prophetic  of  later  Rhodian  style. 


VAS 


TAB 


923 


the   Phkleron  |  true  beaatj,  the  potter  condenied  the  e 


sboTf  all  in  tht  cmploymeDt  of  uw  uiroal  I  th«t  the  iiUod  pottery  U  ipedKlljr  auociated. 
tjrpM  and  their  treatment,  both  in  deei^  utd  While  noder  ita  inaatace  the  TaTC-pain(«r 
gronplsg,  on  Oriental   modeli.      The  reaction    eroWed  ■  sjitem  of  decoration  effectiTe       '     ' 

which   nunifeeta    itself    fint   ;■•'"•  ■   -• 

ware  aoon  ipread  videlf , 
{JTing  Irirth  to  an  sra 
of  tranajtion.  Anothvr 
gronp  of  Attic  Tuea 
■how*  the  ume  ten- 
deDc7 :  the  fineit  of 
then)  ia  the  Hjmettoa 
amphora,  No.  56  in  the 
Berlin  Antiqnarium. 
Chartcteriitic  of  the 
deiT  nwthod  u  thoivn  In 
tbli  Taic  ia  the  heraldic 
gronping  of  combatuti 
in  pain.  A  like  proceu 
waa  at  work  in  the 
island*,  eipecieltf  at 
Heloi  aod  Rhodes.  A 
email  clau  of 
(it  con 

■part  by  Caul 
named  bj  him  "beiian. 
ThoQgb  the  claim  of  the 
Taaea  to  a  separate  title 
liai  been  disputed,  con 
venience  at  leatt  has  suf 
ficed  for  il<  retention 
The  Uelian  van  is  later 
in  dsTelopmeDt  than 
much  of  the  Rhodian, 
but  it  standi  first  hel« 
iMcauie  of  Its  far  closer 
conneiion  with  the  Di 
pi  Ion  style  SI  ahown  in 
the  range  of  gcometnc 
ornaments  which  >til1 
fill  the  field 


u  three  and  ■ 
arlr  sel 


"r  of 'rending  Ite     >^ ''^^^<n^>^' 


human 

in  the  spirit  of  the 
gro  aping  There  are 
many  featarea  hitherto 
onknown  in  these  Me- 
lian  amphorae  and  the 
admiiture  of  Onental 
■t^le  Hud  deaign  is  espe- 
cially obrioua;  hut  these 
details  may  be  best  con< 
•idered  nnder  the  head- 
ing of  Rhodei. 

[For  Phaleron  vase-  v. 
Dumont  et  Chaplain,  Zei 
OAwntgiKf,  pp.  101  S. ; 
BOhtna,  JaAHntch,  18S7, 
pp.  44  I. :  Hymettoe  am- 
phora, Furtwangler,  £t- 
tchreii.  der  Kaaen  S.  . .  . 
>«£<Wm,Mo.  56:Me]oe 
Tases,  Come,  UtlivAe 
ThongefSae.'] 

Vase-painting  then 
ha*  reached  the  point  it 
which  the  tide  of  Orioi- 
teUnn,  whose  rising  has 

beea   noted   in  the  transition  style  beginning  [  multiplicity  of  forms  to  i 
with   Phaleron,  swells  into  full  flood.     Rhodes     types,  the  moat  chnractsriatic  i 
indeed  can  show  examples  of  the  entire  process  :     an    omocAos,  resembling  that   ii 
but  it  is  with  the  triumph  of  the  Oriental  style  |  Almost    equally    characteristic  Is   tba  pinaas. 


Ti 


while  amp/mm  idi]  cylix 
ud,  M  tha  Oritntal  ttyle  ' 
tht  alataiioi — wbich    mtj   c 


Fl(.  t.  OouKhM.    (Birch.) 


N«ui!T«ti«  inMntion — ind  the  ari/ballot  come 
to  the  fraot  uid  an  the  rsvourite  ahapei  it 
Coristh.  [AI.ABASTSUN ;  Astballds.]  But 
whenu  the  tfpei  oC  oenochot,  pinax,  ata- 
bculvt,  aod  aryballo$  are  created  iD  the  Oriental 
■cbool,  thoM  of  tha  amphora  and  cylix  are  onlj 
Bketch«d. 

Two  alien  aiii  eitrUd  a  ipccial  iaflucTice  over 
tbe  birth  of  tha  new  atyla,  textilei — in  pArtica- 
l>r,  embroider; — and  matal-work.  Tlios  the 
■chtme  of  onument  on  a  Rhodian  piTiax  it  com- 
parabl*  to  the  unit  of  a  brocaded  pattern  with 
the  thre«d»  of  the  nnder-web  iefl  projecling ; 
and  Coriathiau  desif  ca  reproduce  the  continaoaa 
ttitnre  aad  inTolved  line)  of  cloee  embroidery: 
while  on  the  other  band  tbe  choice  of  rosettes 
and  anthemia,  the  alternation  of  purple  and  red 
with  a  brown-black,  tbe  employment  of  ini-ixJ 

metal-work.  Both  arta  impel  the  painter  lo- 
warda  poljcbtomy. 

Painting  at  Gnt,  like  the  artisU  of  the 
TrauUion,  with  brown-black  Tarniah  on  a  plain 
poliahed  froand,  Rhodian  pottera  founded  a  new 
method  when  they  effected  a  combination  of 
ailhouette  and  ostliae-d rawing,  and  letl  the 
light  parti  in  gronnd-colonr.  Light  and  ahade, 
diicrimination  of  planei  of  lurface,  become 
thereby  poHible.  A  (rah  atep  in  advance  i> 
made  when  the  red  clay  la  covered  througbont 
with  a  dnJI  creuD-while  engobe  which  can  be 
uied  to  represent  fleab-colour  with  more  fidelity 
to  nature.  Th«>  white  and  a  new  red  tint  are 
employed  to  mark  detalli  and  diSerencei  of 
aarface,  and  ore  generally  laid  on  in  brond  nn^ 
broken  mauea.  A  mora  minute  diicrirainatjon 
of  detail!  but  a  leai  ipirited  and  lex  free  con- 
ception marka  a  yet  further  adrance  in  tech- 
niqne,  which  ia  aignalind  by  tbe  me  of  purple 


VAS 

colour  and  tbe  rendering  of  onttinea  aod  details 
by  incised  linei. 

Thaae  diBereucei  in  tecbuiqae  allow  Rhodian 
ware  to  be  divided  into  two  main  clataea,  which 
haTe  been  named  "  Dorian  "  ("  ):gyptian  ")  and 
"Aasyrian."  The  fanner  exhibits  ■  leas  con- 
rentional  etyle,  more  freedom  in  tbe  choice  of 
animal  types,  and  amoni;  the  amamenti  wiih 
wbich  in  this,  as  in  all  Rhodian  ware,  the  field 
ii  sown,  a  preference  for  those  of  a  geometric 
class  and  for  the  Egyptian  lotoa :  the  Utter 
practically  ndmits  no  animals  but  the  lion,  bull, 
and  goat,  ia  more  distinctly  Oriental  in  iu 
formi,  and  lore*  to  crowd  tbe  field  with  roiette^ 
The  former  again  employa  white  and  red  for 
details,  but  retains  ontline  drawing  ;  the  latter 
alone  uses  incised  lines  and  purple.  In  tbe  one 
a  metope  arrangement  ia  frequent,  and  ia  often 
forced;  in  the  other,  where  it  occnra,  it  is  onlf 
in  the  modified  form  of  an  Auyrian  blaion. 
two  animals  facing  one  another  and  separated 
by  the  sacred  tree. 

Taking  Rhodian  pottery  ai  a  whole,  tbe  sab- 
jecti  are  drawn  almost  entirely  from  the  animal 
creation.  Beast  forms,  the  goat,  lion,  bull, 
boar,  ram,  &g. — the  first  two  in  ovefwhelming 
preponderance — occupy  most  of  tbe  rases:  an 
apparently  later  group  admita  further  the 
human  figure,  and  compound  shapes  like  the 
Sphioi.  In  this  later  group  one  vase  stands  oat 
from  among  its  fellows.  This  is  the  well-known 
Euphorbos  pinai,  whose  importance  lies  not 
only  in  tbe  fact  that  it  ia  tbe  iint  instance  in 
which  n  definite  scene— Me nelaoa  and  Hector 
fight  oxer  Euphori)oa — from  a  definite  soon* 
(the  Epos)  is  represented,  but  because  being 
inscribed  with  the  heroes'  names  it  furnishes 
other  material  for  a  date  than  that  drawn  from 
internal  evidence  of  style.  Kirchhoff  has  thus 
been  enabled  Id  place  Ibis  vase  at  tbe  end  of  the 
7th  century,  and  Ibis  Gics  with  approximate 
certainty  the  lower  limit  of  the  Rhodian  period 
(t.  SCudim  zur  GesA.  d.  giioA.  AlpA.). 


It  is 


a   tbe  doobU 


wbich  bare  been  thrown  on  the  claim  of  Rhodes 
to  be  the  actual  manufacturer  of  the  pottery 
claued  under  ber  name.  Other  thing*  being 
equal,  the  principle  is  fairly  trostwortbj  that  a 
particular  style  is  native  in  the  place  where  it 
is  most  abundantly  found.  It  is  sufficient  to 
refer  to  (he  trentment  of  thete  and  similar  qnes- 
tions  in  e.g.  Egypt  Explor.  Fjmd  Jtepv/irt, 
Knnkratis  pts.  i.  and  ii. ;  Jour.  Htll.  Stud.  1S85, 
pp.  160  IT.  [For  Rhodian  were  in  general,  r. 
A.  S.  MuirnT  in  Smie  AnJiAI.,  Dec  1882, 
pp.  342  ff. ;  Diimont  et  Chaplain,  Lei  C^nnmiqurs, 
J.  V. ;  Salimann,  Xtcropate  de  CamirtM,  for 
illustrations.] 

There  is  a  small  class  of  Tasei  of  a  pacnliar 
type  fonnd  In  Rhodes,  at  Naucratia,  and  in 
Ltruria,  to  which  it  has  been  proposed  to  give 
the  name  "Polledrara,"  after  the  large  by^ria 
of  the  British  Museum.  The  distinctive  trait 
of  this  class  is  the  clay,  which  is  black  tbrvngb- 
out,  and  contains  numerous  particle*  of  mica. 
The  designs  are  painted  in  scarlet  and  purple, 
and  occasionally  blue.  The  origin  of  the  ware 
ifl  disputed  \  Naucratia,  Lesbos,  Rhodea,  and 
Etruria  being  all  auggested  as  the  seat  of  its 

Closely  resembling  this  group  in  material, 
but  very  distinct  in  point  of  oi 


VAS 

early  Italian  vases,  the  so-called  Bnoohexo. 
Dnll  and  rongh  in  appearance  at  first,  like  the 
hrown  ware  which  accompanies  theqa,  the 
Italian  rases  in  their  more  developed  state'  are 
of  lustrous  black  pottery,  with  ornaments  and 
acenes  moulded  in  relief  from  the  actual  clay  of 
the  vase,  the  Bucchero  properly  so  named.  The 
distinctire  feature  is  the  erideut  attempt  to 
imitate  as  closely  as  possible  a  bronze  original : 
whence  both  colour  and  polish,  moulding  of 
ornament  in  relief  as  though  embossed,  and 
treatment  of  lip  and  handles. 

[Examples  illustrated  by  Micali,  Monumenii 
Iniditi;  Dennis,  Etruria.'] 

The  polychromatic  style,  whose  commence- 
ment has  already  been  seen  in  Rhodes,  reaches 
its  highest  derelopment  at  Vaueratif.  So  cos- 
mopolitan a  town  (Herod,  ii.  178)  must  have 
brought  together  all  kinds  of  styles  in  ceramics, 
and  the  absence  therefore  of  geometric,  not  to 
mention  Mycenae,  pottery  is  to  be  noted  as 
significant  of  the  stage  of  rase-painting  contem- 
porary with  the  existence  of  Kaucratis,  a  town 
which  first  became  powerful  under  Amasis,  and 
was  ruined  under  Cambyses  (roughly  580--520 
11.C.).  This  furnishes  a  limit  of  exclusion  for 
the  earlier  classes  of  pottery,  a  limit  which  may, 
According  to  Mr.  Petrie,  be  pushed  further  back 
— ^to  about  650  B.C.^-as  the  oldest  remains  of 
the  settlement  are  considerably  prior  to  Amaais. 
But  among  the  rarious  sorts  of  earthenware 
found  at  Naucratis  one  group  marks  itself  off 
AS  a  local  fabric ;  as  is  proved  by  a  dedication — 
to  the  ** Aphrodite  of  Naucratis" — which  has 
"been  scratched  in  the  clay  before  firing  (see 
Jovm,  HelL  StucL  viii.  p.  119).  The  ware 
ahows  a  close  connexion  with,  but  also  a  dis- 
tinct advance  upon,  that  of  Rhodes.  An  opaque 
white  engobe  is  used,  of  a  tint  generally 
brighter  than,  but  sometimes  approaching,  that 
Aif  Kameiroe ;  on  this  engobe  a  design  is  painted 
in  colour,  and  the  technique  follows,  but  extends, 
that  combination  of  outline  and  silhouette  which 
Rhodes  had  introduced.  New  colours,  copied 
from  the  Egyptian  wall-paintings,  are  employed, 
especially  a  light  sienna  and  an  umber  red,  the 
latter  being  a  flesh  tint  for  male  figures.  For 
female  figures  flake  white  is  added  to  the  en- 
gobe. Each  of  the  chief  colours  appears  in 
various  shades ;  and  the  distinction  of  flesh  tints 
so  carefully  worked  out  in  Egyptian  painting 
reappears,  but  after  a  more  haphazard  fashion,' 
in  Naucratis  ware.  The  most  advanced  tech- 
nique in  use  at  Naucratii  traces  outlines  in  light 
aienna  and  fills  in  the  silhouette  with  an  umber 
tint. 

[For  Naucratis  pottery,  v.  Memoirs  of  Egypt 
Exphratkm  Fandj  Naukratis,  pt.  i.  1884-^,  and 
pt.  ii.  1888.] 

The  excavations  at  Naucratis  produced  among 
other  things  fragments  of  the  ware  known  as 
QyTmalo ;  and  on  the  strength  of  this  fact  the 
<claim  of  Cyrene  to  be  the  maker  of  the  pottery, 
often  disputed  before,  has  been  anew  called  in 
question.  No  sufficient  reason  has,  however,  as 
yet  been  adduced  for  disregarding  the  evidence 


VAS 


925 


*  Vases  with  dedicstlons  are  especially  ftequent  at 
NaucratiSL  Pottery  was  largely  need  in  temple  servloe, 
and  was  then  marked  with  the  name  of  the  dlTlnitj. 
NumerooB  simnarly  Inscribed  fragmenta  have  been 
found  on  the^Athenian  Acropolis. 


furnished  by  the  best-known  Cyrene  vase,  the 
Arcesilas  cylix,  with  its  strong  local  colouring. 
The  ware,  too,  is  strikingly  metallic  in  style ; 
and  it  is  not,  as  Puchstein  maintains,  to  the 
Cypro-Phoenician,  but  to  the  Carthaginian 
paterae  that  a  debt  is  due.  An  artistic  con- 
nexion of  this  sort  with  Carthage  is  more  pro- 
bable in  Cyrene  than  in  Naucratis. 

The  class  is  not  numerous,  but  highly  dis- 
tinctive. Its  favourite  shape  is  the  cylix^  which 
thus  takes  definite  rank  in  the  development  of 
vase-painting :  but  the  hydria^  deinos,  and  am- 
phora also  occur.  A  ground-sarface  is  given  by 
a  dnll  smooth  slip  of  light  stone  colour;  and  on 
this  the  design  is  painted  in  black  with  purple 
as  a  subsidiary  colour,  all  main  lines  and  inner 
details  being  scratched  in.  Subjects  include 
mythology  and  genre; — though  not  its  first 
appearance,  for  we  have  noticed  it  already  in 
EKpylon  ware  for  example,  genre  becomes  here 
first  of  historic  interest: — and  with  much  of 
helplessness  in  drawing  there  is  decided  feeling 
and  often  spirit  in  the  scenes.  Zones  of  animals, 
in  particular  an  aquatic  bird,  are  still  retained, 
and  beast  and  bird  forms  serve  to  fill  the  field 
in  a  manner  which  seems  directly  borrowed  from 
the  bronze  paterae  already  mentioned.  Lip  and 
handle,  and,  in  the  cylioes,  stem  and  foot,  are 
covered  with  black  varnish,  a  noteworthy 
change.  Mechanical  ornament  is  exceptionally 
rich. 

[The  Cyrene  vases  are  put  together  by  Puch- 
stein, Arch,  ZeU.  1881,  pp.  215  ffl :  they  are 
exceptionally  well  represented  in  the  British 
Museum,  1  V.  R.  Latest  discussion,  Ath,  Mttth. 
1886,  pp.  90  ff.l 

With  Oorintldaii  ware  Orientalism  reaches 
its  zenith.     Earlier  however  than  Corinthian 

ware  properly  so  called  is  a  group  of  vases 

almost  without  exception  diminutive  Ukythoi 
of  a  peculiar  shape,  and  two-handled  cups — 
which^from  their  wide  dbtribution  must  have 
had  as  general,  as  they  had  a  lasting,  vogue. 
As  these  little  vases,  by  far  the  finest  specimen 
of  which  has  lately  been  presented  to  the 
British  Museum,  show  a  very  close  connexion 
with  the  Corinthian,  but  also  points  of  difference, 
and  seem  moreover  to  be  earlier,  they  have 
been  named  Protooorinthian.  Like  the  Cy- 
renaic,  they  too  owe  much  in  technique  and 
style  to  Phoenician  metal-work.  The  clay  is 
a  fine,  clear  yellow;  the  decoration  consists 
mainly  of  zones  of  animals,  but  admite  also 
human  figures ;  an  elaborate  ornament,  com- 
posed of  the  anthemion  and  lotus,  resembling 
that  which  subsequently  becomes  characteristic 
at  Corinth,  makes  its  appearance ;  and  the  field, 
though  in  general  less  encumbered,  is  sown  with 
rosettes.  The  colours  vary  from  a  red-brown 
to  black. 

The  vast  class  of  vases  which  groups  itself 
under  the  name  Corinthian  was  long  treated  as 
the  oldest  Greek  ware.  The  surface  in  this  ware 
is  often  so  crowded  with  ornament,  that  at  a 
few  feet  of  distance  the  ground-colour  cannot  be 
distinguished,  and  the  general  effect  to  the  eye, 
due  at  once  to  colour  and  design,  is  that  of  a 
rich  Oriental  brocade.  This  is  especially  true  of 
earlier  specimens,  whose  subjects,  fantastic  fish- 
tailed  monsters  for  example,  seem  to  have  been 
directly  chosen  for  their  fitness  to  cover  most 
space.    A  like  feeling  has  brought  the  alabattot 


926 


TA8 


into  pecnliaf  fimiiir.  The  gronod  is  b  clear 
yellow;  the  paioting  in  black  (often  browD, 
tbiuks  tp  ofer-firing),  with  details  in  purple  and 
ml ;  vbile  an  eitreiat  foDdocu  for  incised  lines 
marks  the  group  as  a  whole.  Subjects  at  first 
are  mainlj  nnimats — where  possible  in  frieie*— 
nnd  monsters,  the  pnntbeT  and  certain  winged 
shapea  being  characteriitic.  Often  too  a  Taae, 
especially  if  an  arybaliot,  it  decorated  aolelj  by 
an  eliborsU  anthemion  ornament.  ]lfast  of 
the  priDcipal  shapes  are  illustrated  in  Birch, 
AtK.  Pottery,  p.  1S6.  Baumelster,  DmkmiOtr, 
p.  Itl61,  giTca  cuts  moitlf  of  prDtocariDtliiui 
ware.]    In  the  later  group  hnmnn  figures  be- 


er of  the  Dadoell  tm 

linglj'  frequent, 
scene*  from  ordinary  life,  or  from  mythi  ___ , 
appear.  An  eiample  (fig.  5)  is  here  reproduced 
from  Birch, — the  lid  of  the  famous  Dodwell 
vaie.  In  technique  there  ia  no  change  of 
moment. 

Before  the  growing  sense  that  humaa  action 
is  the  Tase-painter's  true  subject.  Orientalism 
begini  to  give  way :  yet  the  old  tradition  liagera 
in  the  animal  shapes  which,  hiiTing  no  direct 
relation  to  the  main  subject,  still  encumber  the 
field.  The  reform  is  doe  to  the  rise  of  a  new 
school,  whose  represenUtiTB  is  the  potter  Timo- 
"  aowa  also  by  the  plaques  of  the  Akro- 


korinthos  [Fi(r 


The  Achillea  T 


>,  Berlii 


Cat.  846]. 

Znt.  1864,  Taf  184).  This  seclion  of  Corinthian 
ware  should  be  eipeciallj  compared  with  the 
previously  menlioDed  Cjrenaic  group.  The  face 
is  generally  rendered  iu  silhouette,  sometimes  in 
outline,  and  gradually  a  practice  grows  np  of 
distinguishing  the  faces  of  female  figures  br 
white  colour  applied  directly  to  the  gi^and. 
Prom  its  first  adoption  white  grew  rapidly  iu 
favour  at  Corinth.  The  duration  of  this  clasi 
is   filed   by  the  inscriptions  for  the   7th-6tli 


Yet  a  later  class  of  CorinthiHU  ware  shows 
the  eridence  of  a  strong  foreign  influence,  prob- 
ably that  of  Athens.  The  smaller  types  pre- 
Tioustj  in  TDgue  disappear,  and  their  place  is 
taken  by  large  vaaes  like  the  amphora,  heavy  in 
form  and  with  ring  handles,  the  Aydrio,  and  so- 


VA8 

called  oaio  a  colmiKtU  [CBaTER].  The  clay 
gronnd  beeome*  redder,  lastre-Tamish  often 
replaces  the  hitherto  usual  matt  colour,  whitr 
is  more  Eargelj  employed,  the  field  neu-Iy  freed 
of  foreign  elements,  nud  animals  relegated  to  % 
separate  zone  below  the  main  scene.  Horsemen 
and  quadrigae  are  faronrit*  sabjecti.  The  fine 
Berlin  rase  of  "  the  setting  out  of  Amphimrua  " 
will  serre  as  an  eiample  {Fnrtwlngler,  Be- 
tchreib.  16S5). 

This  last  derelopment  of  Corinthian  pottery 
recalls  the  history  of  classical  ceramic  art  to 
Athenian  soil,  and  henceforth  we  are  concerned 
almost  solely  with  AtkMlf.  But  before  dealing 
with  Athenian  ware  proper,  some  lide- 
groupt  merit  notice  ;  and  one,  the  ChaX- 
cidlu,  is  of  eiceptional  importance. 
DnfortDualely  the  group,  fint  recognised 
as  Chalcidian  through  the  alphabet  of  iU 
inscriptions,  is  as  yet  vaguely  detioed. 
[F.  Fottier  ap.  Dumont  et  Chaplain,  Let 
Ciramiqitta,  pp.  2T6  S. ;  or  Kleiu,  Evphro- 
tiiM,  pp.  6S  ff. ;  and  contrast  Brunn, 
'  PmHente,  in  Ahhandl.  ±  Itgl.  bay.  Aiad., 
Bd.  liE,  pt.  ii,  pp.  113  ff.]  It  is  even 
maintuned  that  the  greater  part  are  late 
S.  Italian  imitations  (Brann,  /.  «. ;  and  Id. 
Abhandl.  Bd.  iviii.  pt.  i.).     Certainly  the 

ledge  here  shown  of  the  lawa  of  paiatiog. 
on  vases  of,  as  is  assnmed,  so   early  a 
fabric,  are  ground  for  surprise.    The  dast 
consists   almost    entirelf  of  on 
a  distinctive  type  (see  fig.  S) ;  i 
first  to  make  that  type  of  vase  its  spe- 
cialty.     As    concerns    style,    the    free- 
grouping  without  regard  to  a  fired  frntre, 
Han  and  picturesqueness  of  conception, 
,as  to  details,  the  plain  long  girt  chiton 
]f  the  women,  fitting  so  closely  as  to  reveal  each 
routoni  of  the  body,  and  the  peculiar  ornament 
m  the  neck  of  the  vase,  are  al!  alike  character- 


ng.  *.  nh.b-iiii.n  unptxca.    (Otthud.) 
istie.    Purple  is  richly  used,  incisad  Ubm  tm' 
ployed  with  great  skill,  irliita  lea  fraqncMly. 


VA8 


VAS 


927 


Of  other  loniAn  fabrics  to  little  has  aa  jet 
been  determined  that  it  will  suffice  here  to 
remark  their  preference  for  a  frieze-like  system 
of  decoration,  a  more  pictorial  treatment,  and  a 
tendency  to  polychromj.  One  large  class  of 
eanphorae  has  long  been  known  as  lyrrhtnian 
[Amphoba.  The  body  of  the  vase  is  generally 
more  slender  than  the  cut  there  given  from 
Dennis].  It  is  distinguished  by  its  shape,  its 
zones  of  animals,  the  pecoliar  ornament — an 
alternation  of  maeanders  with  an  8-rayed  star — 
which  separates  the  animal  frieze  from  the  main 
scene  on  the  shoulder,  and  by  ita  prodigal  use 
of  colours  other  than  black.  The  origin  of  these 
vases  is  doubtful:  all  examples  hitherto  have 
been  found  in  Etruria,  but  they  are  certainly  not 
of  local  make:  Dttmmler  thinks  them  ** Pontic" 
{R9m.  MiUh.  1887,  pp.  171  ffl,  Taf.  8,  9). 

One  or  two  vases  survive  which  represent 
Boeotian  style  of  this  period ;  but  they  are  too 
few  in  number  to  allow  of  general  criticism. 
Being  so  few,  however,  it  is  curious  that  among 
them  occur  the  names  of  two  artists,  Gamedes 
and  Theozotos.  The  Oaerotan  hydriae  are  more 
numerous,  better  known,  and  equally  dis- 
tinctive. They  exhibit  an  important  change  in 
technique.  White  and  subsidiary  colours  are  no 
longer  painted  directly  on  to  the  ground>clay, 
but  are  laid  over  the  black  varnish.  Bed  and 
white  are  freely  used,  the  latter  sometimes  as  a 
flesh-tint  for  men:  incised  lines  are  frequent 
and  are  firmly  drawn.  As  the  side  handles  of  a 
hydria  necessarily  interrupt  a  frieze,  the  decora- 
tion is  here  divided  into  groups,  and  that  on  the 
reverse  is  made  of  less  account.  The  rendering 
is  characterised  by  an  almost  reckless  freedom, 
and  shows  traces  of  what  is  very  rare  in  Greek 
work,  humour.  As  a  whole  they  are  com- 
paratively late.  Their  origin  is  disputed : 
Brunn,  against  general  opinion,  holds  to  Helbig*s 
original  view  (since  abandoned  by  Jts  author) 
that  they  are  of  Etruscan  fabric.  [Heibig,  Annalij 
1863,  pp.  210  ff.;  Brunn,  /.  c;  Dumont  et 
Chaplain  (Pettier),  pp.  264  if.] 

From  the  7th  century  B.a  to  the  end  of  the 
4th  Atlidiliaa  pottery  reigns  almost  without  a 
rival.  It  has  two  epochs,  the  black-figure  and 
the  red-figure^  united  to  each  other  by  a  period  of 
transition  and  experiment.  With  the  exception 
of  the  two  or  three  classes  of  ware  just  previously 
described,  and  some  few  imitative  fabrics,  the 
great  mass  of  Uaok-flgnre  pottery  hails  from 
Athens.  Two  vase-shapes  are  especially  in  vogue 
in  this  ware,  amphorae  and  hySiae,  the  former 
greatly  preponderating :  both  are  rapidly  per- 
fected in  form.  [The  evolution  of  the  amphora 
may  be  followed  on  p.  1973  of  Baumeister's 
Denkmaler.  The  hydria  improves  as  its  centre 
of  gravity  mounts  and  the  shoulder-scene  shal- 
lows and  widens.]  A  new  discovery  contributed 
to  the  rapid  advance  of  Athenian  ceramics ; — a 
deep-black  varnish  of  the  highest  brilliancy,  with 
a  surface  like  polished  metal,  insensible  to  ordi- 
nary reagents,  but  not  interfering  with  that 
porousness  of  the  clay  which  under  a  Greek  sun  is 
80  necessary  for  the  coolness  of  water  or  wine. 
Its  manufacture  is  still  a  secret :  nor  is  it  known 
where  the  invention  Brst  saw  the  light.  So 
popular  did  it  immediately  become  that  the  vase- 
painter  covered  the  whole  surface  with  it,  leaving 
as  field  for  the  actual  picture  only  a  square  panel 
of  red  ground-colour— that  of  the  natural  clay 


heightened  by  adding  a  little  rubrica.*  Not  all 
potters,  however,  followed  this  plan,  and  subse- 
quently there  was  something  of  a  reaction. 
Thus  two  groups  come  to  be  distinguished, — 
vases  which  have  a  panel-field,  and  those  which, 
though  generally  marking  off  reverse  from  ob- 
verse, adroit  all  space  between  the  two  handles 
as  ground  for  the  painter.  No  real  difference 
of  technique  follows  this  division.  In  both  the 
artist  first  draws  his  outlines  with  a  full  brush 
of  black,  fills  in  the  silhouette,  and  then  adds 
details  with  the  point  or  with  strokes  of  white 
and  purple-red :  but  perhaps  the  panel-painter 
uses  less  subsidiary  colours  and  trusts  more  to 
careful  graving.  Always,  however,  it  is  rather 
a  question  of  idiosyncrasy ;  and  the  polychromy 
of  some  of  the  later  vases  is  a  reaction  due  to  a 
particular  school  imbued  with  a  fondness  for 
metallic  effects.  It  is  with  the  masters  of  black- 
figure  style  that  the  point  first  comes  adequately 
to  express  the  lines  of  musculature  and  bodily 
f<Ain.  The  rendering  of  drapery  is  a  mark  of 
relative  date.  At  first  the  chiton  is  a  straight 
daub  of  colour,  as  in  Corinthian  ware,  and  is 
often  purple  in  hue  with  perhaps  a  black  girdle : 
then  patterns  are  scratched  in,  or  elaborately 
painted  on  with  white :  folds  begin  to  be  marked, 
are  outlined  with  the  point,  and  dress  gives 
some  hint  of  the  underlying  contour  of  the  body. 
An  alternate  use  of  purple  and  black  for  the 
folds  is  occasionally  carried  so  far  as  to  express 
light  and  shade.  A  like  use  of  purple  is  to  be 
seen  in  the  treatment  of  muscles  in  animals, 
especially  the  horse.  White  is  throughout  a 
flesh-tint  for  female  figures,  but  is  also  employed, 
on  later  vases,  for  the  long  chiton  of  a  charioteer 
and  the  grey  hair  of  old  men. 

Drawing  is  almost  entirely  in  profile:  full- 
face  is  scarcely  rendered  with  more  adroitness 
than  was  shown  already  in  the  Francois  vase. 
The  eyes  of  men  remain  large  and  round,  of 
women  oval  and  small.  In  more  recent  vases  a 
trick  grows  up  of  crowding  the  field  with  long, 
purely  conventional  ivy  sprays :  equally  conven- 
tional in  rendering  are  the  landscape  features 
sometimes  introduced,  and  no  attempt  is  made 
at  pictorial  perspective.  Excellence  of  drawing 
is  seldom  a  sufficient  criterion  of  date. 

The  subjects  of  vases  become  now  of  less 
im]>ortance  for  their  general  history.  In  black- 
figure  ware  they  are  mainly  mythological,  some- 
times genre.  In  mythology  the  Dionysiac  cycle 
and  the  feats  of  Herakles  are  by  far  most 
frequent;  after  them,  the  legends  of  Athena 
and  Hermes.  Frequently  as  scenes  from  the 
Epic  appear,  scarcely  any  can  be  traced  to  the 
Iliad  or  Odyssey. 

Ornament,  as  distinct  from  painted  scenes, 
becomes  stereotyped.  Almost  always  the  neck 
of  an  amphora  shows  a  design  of  lotus  and 
anthemion  hooped  together  by  a  cable  pattern  : 
dentals  unite  neck  to  shoulder :  below  the  field 
are  two  zones,  the  upper  a  maeander,  the  lower 
continuous  lotus  buds :  from  the  foot  shoot  up 
the  rays  which  since  Rhodian  pottery  have  held 
their  own.  For  a  hydria,  ivy  tendrils  or 
chequers  border  the  sides,  a  running  anthemion 
the  bottom,  of  the  field ;  below  which  sometimes 

*  So  Snidas  asserts,  but  contrast  Bllhnner,  Ttchnolcgiep 
li.  p.  6T,  as  to  the  result  of  experiments  made  on  fVag- 
ments. 


928 


VA8 


an  archaiitic  feeling  has  restored  the  Curinthian 
friaie  of  soimaJi,  bot  hu  restored  it  purely  as 
an  ornanKDtal  finish. 

Tlie  different  ichools  of  black-fignre  ware  have 
jet  to  be  recognised:  those  that  are  known  aie, 
for  the  molt  part,  coueenied  with  eilber  the 
commencement  or  the  end  of  thin  itjle  nnd  its 
transition  into  red-figure.  Eirly  enough  to  be 
■omeicbst  tsolited  ii  the  fint  Athenian  muter- 
piece,  the  Franfoii  vase  of  Florence,  tu  itself  an 
Epoi.  Zarly  also,  lU  is  rhown  by  shape,  by  style 
of  painting,  and  by  arrangement  of  subject,  are 
A  groDp  of  aiaphcrae  which,  from  their  cloae 
connnion  with  Corinthian  ware,  are  known  aa 
Ccrintho- Attic.  Chamctcriitic  are  their  xones 
of  animals;  which  have  often  cansed  them  to  he 
confoanded  in  one  class  with  the  "  Tyrrhenian  " 
(aee  alxiTe).  A  diSerent  fandimenium  dicisiimu 
has  serred  to  mark  ofl'the  FuuttlwiudB  smphome 
rAMPBOBl];  which  last  through  the  bUck- 
tignre,  and  eren  to  the  end  of  the  red-figure, 
period.  The  archaiem  of  the  figure  of  Athena 
on  the  obverse  becomes  ip  time  a  pnre  contention, 
the  reverse  reflecting  contemporary  style.  Many 
apecimeni  seem  never  to  have  been  given  at  the 
games,  and  are  simply  show-pUte.  Less  nnme- 
roui  and  of  pecoliarly  elongated  form,  are  the 
PrMhailiHun^iOTM — vases  used  in  the  burial 
service,  and  with  subjects  drawn  mainly  from 
jts  iitnrgy.  The  finest  eiamplea  belong  to  the 
later  red-Dgnn  ware. 

rFnnfois  vaie.  Mon.  deW  Itut.  iv.  54S-T  ; 
Corintho-Attic,  LSMheke,  Arch.  Zcit.  1876; 
Panathensic,  Urllchs,  BtitrSg;  pp.  33  ff.] 

Unch  care  was  spent  by  mastcn  of  the  black- 
figure  stjie  on  the  evolution  of  the  cyfir.  That 
this  type  waa  in  rogue  at  Cyrene  has  been  already 
noted,  a*  also  that  it  had  acquired  a  developed 
shape  and  style  of  decoration.  The  processes 
at  Athens  and  Cyrene  are  parallel,  and  not  widely 
enndered  in  date,  but  have  little  or  no  influence 
on  one  another.  The  oldest  cylicea  at  Athena 
have  that  shape  with  off-tet  lip,  which  derives 
from  Rhodea  Ihrongh  Corinth.  The  alteration 
in  form  which  follows  [see  under  CaLW]  is 
«laaely  connected  with  changes  in  the  mode  of 
ornamentation.  The  early  cylii  baring  a  deep 
bowl  is  decorated  in  frieie  fashion ;  and  of  the 
several  tones  into  which  the  aurface  is  dirided 
'bj  (h<  potter,  only  one  is  chosen  br  the  painter. 
Then  comes  a  new  idea:  on  the  lip  are  drawn 
tiny  gronpf  or  animal  shapes,  each  side  having 
B  couple  of  fignrea,  or,  more  of^en,  one  only. 
The  lone  below  is  occupied  by  inscriptions,  the 
artist's  lignatnie  or  a  xi^  ■■'  "'  '^-  This 
group  of  vases  is  known  as  "  Klein -me  ister." 
Their  strongly  metallic  appearsnce  proves  their 
indebtedness  to  foreign  inSaence,  communicated 
through  Rhodes.  Another  eiperiment  is  proba- 
Wy  the  work  of  the  artist  Eiekina  (or,  accoi'ding 
to  some,  of  Nicosthenes).  He  aies  a  shallower 
Fase  withoot  off-aet  lip,  and  revives  the  "  sacred- 
eye"  ornament  previously  in  favour  at  Rhodes 
andNsucratis  :  making  this  sulfice  for  the  centre, 
he  places  the  actnal  sceoe  under  and  about  the 
two  handles.  "£ye"  vases  had  a  considerable 
success;  but  gradunlly  the  handles  come  to  be 
treated  a*  the  nataral  limits  of  the  field,  and, 
the  bowl  becoming  continnally  broader  and 
shallower,  while  off-set  lips  disappear,  decoration 
Rpreads  over  the  whole  outer  surface.  The 
itmie    remains    a   difficulty.      Earlier    artists 


neglected  it  altogether,  or  painted  only  a  imnll 
medallion  in  the  centre.  But  fashion  wavered 
to  and  fro  ; 


is  preferred.  Especially  to  Im  noted  are  the 
cylices  which  have  a  fiorgoneion  for  their 
medallion  ;  for  they  may  fint  have  suggested  a 
new  style,  which,  while  the  vase  is  covered  with 
a  black  ground  Tanibh,  leavesthe  actual  fignrvs 
in  the  original  clay-tint, — as  it  were,  in  intaglio. 
The  cy;.>  class  is  e.ceptionally  fruitful  in 
artists'  signatures.  Ergotimos  and  Klitias,  who 
made  and  painted  the  great  Franp>is  crater, 
were  followed  by  Nearchos,  whose  sons  TIesoD 
and  Ergoteles,  with  Ergotimos'  son  Eucheiros. 
have  signed  many  of  the  earlier  cylices.  Other 
names  are  Xenoctes,  Hermogenea,  Archiclea,  kc. 
In  amphorae  Eiekias  takes  first  place  fur  spiTiie<l 
and   careful  drawing ;  Amasis  carries  nieetr  of 

presents  transition  style. 

[For  signed  vasea,  early  and  late,  for  the 
characteristics  of  the  great  schools,  and  the 
questions  which  group  themselves  roand  them. 
the  reader  is  referred  once  for  all  to  Stein's  two 
important  works,  Die  griechitchen  Vaien  mil 
Ueitteraii/natvren  and  ^uplroBtoi.] 

By  far  the  most  prolific  maker  is  Nicosthenes, 
a  clever  entrepreneur  who  tried  eiperiment  after 
eiperiment  to  bit  popular  taste.  Already  an 
introdncer  of  one  new  faahian  in  cylices,  he  is 
perhaps  best  known  by  a  group  of  small  an>- 
phorae  of   very  pecniiar  form   (fig.  T).     The 


and  naic«t^  all  bis  o 


VAS 


VAS 


929 


been  more  than  once  expressed  whether  Nico- 
sthenes  was  an  Athenian ;  and  the  finding  a  signed 
fragment  of  one  of  his  vases  at  Nancratis  may 
suggest,  whatever  his  provenance,  the  source 
whence  many  of  his  novel  departures  were  in- 
spired (3ftfin.  Eg.  Expl,  Fund,  Naucratis,  pt.  i. 
p.  53).  With  him  too  is  associated  the  preva- 
lence, though  not  the  introduction,  of  yet 
another  technique,  in  which  black  figures  are 
painted  on  a  white  engobe  ground ;  a  technique 
less  new  in  Greek  pottery  than  novel  at  Athens. 
This  group  is  confined  to  the  smaller  vases, 
oenoduxwj  aldbastoi,  above  all  lekythoi.  The 
style  does  not  differ  from  that  usual  in  black- 
figure  ware ;  but  here,  as  in  the  metallic  class, 
a  love  for  nicety,  exact  finish,  and  vivid  lustre 
makes  itself  prominent.  It  is  the  triumph  of 
the  ornamental  school.  A  peculiarity  should 
he  noted  in  the  lekythoi.  While  the  main  field 
is  covered  by  a  white  engobe,  neck  and  shoulder 
sre  left  in  the  natural  clay :  no  difference  how- 
ever is  made  in  decoration,  except  that  the 
shoulder  is  left  to  mechanical  ornament.  In  all 
vases  of  the  class  lip  and  foot  are  black.  [For 
Nicosthenes,  Klein,  op.  cit ;  and  LOschcke,  Arch. 
Zeit.  1881,  pp.  S3  ff.] 

Nicosthenes  is  a  typical  figure.  The  epoch  in 
Athenian  pottery  we  have  now  reached — roughly 
speaking,  500  D.G. — ^is  an  epoch  of  transition  and 
experiment.  The  vase-painter's  art  struggles 
in  the  throes  of  a  revolution.  Process  after 
process  is  tried  and  rejected,  until  at  last  one 
style  emerges  from  the  chaos,  and  triumphs  as 
rapidly  as  completely  over  all  rivals.  Many 
relics  of  the  struggle  remain ;  vases  which  show 
the  two  styles  conflicting  on  obverse  and  reverse, 
inner  or  outer,  ornament  and  scene.  The  final 
perfecting  of  early  red -figure  technique  is 
marked  bv  the  name  of  Epiktetos :  among  his 
chief  predecessors  of  the  transition  may  be 
named  Hischylos  and  Pamphaios.  Precise  evi- 
dence for  the  origin  and  date  of  red-figure  ware 
is  wanting:  it  seems  however  to  have  begun 
about  500  B.C.  (some  writers  think  even  under 
the  tyranny  of  the  PeisistratidaeX  snd  to  have 
owed  its  development  to  the  influence  of  high 
art.  A  close  connexion  may  perhaps  be  sup- 
posed with  the  improvements  in  painting  intro- 
duced at  this  time  by  Cimon  of  Cleonae  (Pliny, 
ff.  N.  XXXV.  §  56).  While  hitherto  Greek  cera- 
mic art  must,  on  its  formal  side,  be  placed 
under  the  heading  "  ornament,"  from  this  point 
it  becomes  a  branch  of  painting.  The  great 
group  of  artists  who  inaugurate  the  new  style 
are  proud  of  their  mission,  and  spare  no  pains 
to  perfect  what  they  began. 

Among  vase-forms  it  is  the  cylix  which  is 
peculiarly  the  favourite  of  earlier  red-figure 
painters:  its  nse  in  fact  is  a  party-badge. 
Though  the  new  technique  liad  triumphed,  it 
was  opposed  by  a  strong  conservatism,  which, 
while  adopting  the  new  style  of  painting,  clung 
to  old  shapes  like  the  amphora  and  to  old  tra- 
ditions in  the  matter  of  field  and  ornament.  To 
this  tendency  we  owe  some  very  beautiful 
examples  of  red-figure  amphorae,  of  greater 
elegance  of  form,  and  ornamented  with  only  one 
figure  —  sometimes  a  pair  of  figures  —  aside. 
Among  the  more  advanced  types  of  this  class  is 
the  '*  Nolan  "  amphora.  [See  Ahphoba.]  After 
the  cylix,  and  to  some  degree  succeeding  it, 
come  the  ttamnoa  and  piycUr  [see  ParersB; 
VOL.  11. 


Stamnus],  which  are  peculiar  to  the  earlier 
period:  with  them,  but  outlasting  them,  and 
continuing  in  favour  to  very  late  times,  is  the 
Crater.  At  first  the  handles  are  placed  low 
down  and  the  form  resembles  a  cup ;  then,  as 
its  sides  become  straighter,  a  chalice;  lastly, 
the  handles  are  brought  on  to  the  shoulder,  and 
the  vase  is  shaped  like  an  inverted  bell.  This 
campaniform  crater  was  adopted  also  by  later 
S.  Italian  manufacturers.  After  400  b.c.  obverse 
and  reverse  are  more  sharply  distinguished; 
the  latter  being  ornamented  in  a  purely  con- 
ventional manner  with  three  drapery  figures 
{Mantelfiguren). 

Technique,  in  red-figure  ware,  is  simple.  On 
a  red  ground  clay,'  like  that  of  the  black-figure 
ware,  the  scene  is  outlined  in  freehand  with 
broad  strokes  of  a  full  brush  of  black  varnish 
over  a  tracing  lightly  made  with  a  fine  point ; 
the  rest  of  the  surface  is  covered  with  an  even 
layer  of  the  same  colour,  and  details  of  organic 
form  and  folds  of  drapery  are  painted  in  with  a 
fine  pencil,  also  in  black.  Details  are  sometimes 
given  with  red  colour;  in  later  examples  this 
tint  is  confined  to  the  musculature,  which  is 
better  rendered  by  a  shade  scarcely  standing  out 
from  the  red  ground  on  which  it  is  painted. 
Gilding  appears  towards  the  close  of  the  so-called 
"strong"  style,  and  about  the  same  time  an 
attempt  is  made  at  polychromy.  (Cf.  the  beau- 
tiful Pandora  cylix  in  the  British  Museum.) 
But  polychromy  is  soon  confined,  in  the  period 
of  finest  style,  to  smaller  vases,  Ukythoi,  pyxideSf 
and  aiabastoi,  in  sympathy  with  a  more  developed 
taste.  [For  plastic  additions,  see  under  Fictile.] 

Throughout  a  steady  advance  in  draughtsman- 
ship, contrasting  with  the  conventionalism  of 
black-figure  ware,  is  to  be  observed.  In  the 
school  of  Epictetos  a  simple  broad  treatment, 
with  few  or  no  details  of  organism,  is  in  vogue ; 
a  treatment  suited  to  the  subjects  then  in 
favour,  scenes  from  palaestra,  banquets,  and  the 
life  of  hetaerae.  There  follows  a  period  in  which, 
while  simplicity  and  strength  of  drawing  and 
grouping  remain,  details — ^as  of  drapery — are 
fully  rendered,  but  with  inadequate  success. 
Among  these  earlier  artists,  whose  style  is 
known  as  *<  strong"  or  "  severe,"  Euthymides  is  of 
conservative  tendency;  Duris  careful  and  studied, 
but  somewhat  wanting  in  originality ;  Eu- 
phronios  and  Brygos  represent  its  most  perfect 
form.  A  wonderful  variety  of  motif,  pose,  and 
grouping  is  attained, — ^a  variety  reflected  from 
the  subjects  where  legends  of  Attic  heroes  like 
Theseus,  scenes  from  Epic  and  even  from  Lyric 
have  replaced  the  older  crowd  of  athletes, 
revellers,  and  courtesans.  But  grace  and 
natural  truth  are  still  largely  wanting :  the 
face  is  still  drawn  almost  solely  in  profile,  or 
where  full  is  scarcely  successful :  foreshortening 
is  rarely  attempted:  eyes  are  drawn  in  full 
when  the  face  is  in  side  view.  The  year  430  B.C. 
may  be  taken  as  nearly  representing  the  time 
of  transition  from  earlier  "strong"  to  later 
"  fine  "  style.  Vase-painting  undoubtedly  owed 
most  of  its  progress  to  a  close  relation  with  high 
art:  but  this  relation,  as  concerns  details,  is 
as  yet  verv  incompletely  explained.  The  chief 
debt  must  have  been  to  painting,  though  earlier 
critics  insisted  rather  on  a  connexion  with 
sculpture.  Above  all  must  be  ranked  the  in- 
fluence of  Polygnotus:  yet  it  remains  difiicnlt 

80 


930 


TAB 


yAB 


to  lay  a  finger  on  4ir«ct  traces  of  it.  The 
earliest  instance  is  a  two*handled  cup,  repre- 
senting the  Slaying  of  the  Suitors  {Mon,  deW 
Jnst  X.  53):  and  the  relation  of  this  yase  to 
Polygnotus'  frescoes  at  Delphi  can  now  be  estab- 
lished throngh  comparison  with  the  Gjt^lbascht 
reliefs.  Another  example  is  on  a  cap  from 
Chinsi,  showing  the  washing  of  Odysseus'  feet 
and  Telemachus  in  the  presence  of  Penelope 
(Schreiber,  BilderaUaa,  Taf.  63,  3>  But  neither 
Tase  can  be  earlier  than  400  B.C.,  as  is  cti- 
dent,  restrained  as  the  style  is,  from  the 
figures  of  Penelope  fud  the  suitor  wounded  in 
the  back.  The  iniluence  of  Polygnotus  and  his 
school  seems  at  first  to  hare  been  restricted  to 
effecting  improvements  in  motif  and  drawing : 
it  is  only  with  the  great  age  of  painting  in  the 
4th  century  that  yases  begin  really  to  reflect 
the  higher  art.  To  this  period  then,  and  not  to 
the  time  of  Polygnotus,  should  be  assigned  such 
changes  as  the  rendering  of  figures  in  back  view, 
the  distinction  of  backgroui^  and  foreground, 
transparency  of  drapery,  different  tones  of  colour 
to  express  light  and  shade,  and  the  upgrowth  of 
polyc^romy.  [A  comparatirely  early  example 
of  direct  influence. of  high  art  upon  the  yase- 
painter  is  the  beautiful  Kamiros  amphora 
(^pelike)  of  the  British  Museum  :  note  espe- 
cially the  fleeing  nymph  in  middle  distance, 
and  the  use  of  blue,  gold,  and  white.— For  other 
y^ews  on  the  connexion  between  oeramic  art  and 
the  great  schools  of  painting,  v.  Winter,  X^iejun- 
gere  att,  Vasen,  and  papers  in  JoArbucA,  1887, 
by  Winter,  Diimmler,  and  Studnicz|ra.] 

From  430  B.C.  onwards  the  yase-artist  rapidly 
attains  perfect  command  oyer  material  and  in- 
struments. He  no  longer  shrinks,  with  the 
timidity  of  ignorance,  from  the  more  difficult 
motifs:  with  fuU-faoe,  three-quarter  face,  and 
profile  he  is  equally  famiUar.  Boisterous 
strength  yields  to  the  grace,  charm,  and  refine- 
ment of  the  family  circle.  We  are  introduced 
to  the  inner  life  of  Athens,  its  pleasures^  pas- 
times, and  foibles,  as  well  as  to  its  deeper  senti- 
ments. It  is  the  reign  of  Aphrodite  and  Eros. 
For  Epic  the  painter  gives  us  the  drama.  Fashion 
and  luxury  are  mirrored  in  the  gauze-like 
drapery  with  its  wealth  of  embroidery,  in  the 
jewels  of  the  women,  the  modishness  of  the 
men.  The  human  figure  is  no  longer  swathed 
'  in  the  full  folds  of  Ionic  dress;  transparent  silk 
replaces  the  heavier  linen  robes.  Action  is 
dramatic  and  pictorial ;  motifs  are  studied  from 
sculpture  and  painting.  The  deities  who  are 
presented  are  those  of  music,  love,  song,  and 
revel.  Fauns  of  the  woods,  Naiads  of  the  sea,  or 
Bacchantes  from  Dionysus'  train. 

Standing  somewhat  away  from  the  red-figure 
vases,  but  contemporary  with  all  but  the  earliest, 
is  the  polychrome  ware  with  white  ground.  The 
great  majority  of  this  class  are  lekythoiy*  but 
pyxides  and  aldbaatoi  of  similar  technique  also 
occur,  though  not  among  the  earliest  examples. 
As  the  finest  and  most  important  specimens  are 
lekythoi,  it  will  suffice  to  confine  this  account  to 
them,  merely  adding  that  the  pyxides  also  make 
free  use  of  gilding,  which  does  not  appear  on  leky- 
thoi, and  that  their  subjects  are  generally  those 
of  the  gynaeconitis.    Two  sorts  of  clay  are  used, 

*  Lekytbol  in  the  ordinary  red-flguie  technique  are 
alio  common. 


a  pale-red  and  a  grey-black,  the  former  beiair 
thinner  and  more  fine.  Over  the  clay  a  vhit» 
engobe  is  laid,  covering  the  body  and  often  the 
shoulder ;  neck,  lip,  and  foot  are  in  black  var- 
nish. The  white  is  laid  on  first,  and  possibly 
while  the  vase  revolves  on  the  wheel.  On  tiiie 
white  surface  a  sketch  in  simplcrt  outline  is 
made  with  a  fine  brush  of  greyish  or  blnisk 
colour ;  sometimes,  as  in  most  red-figure  ynsea^ 
it  is  faintly  traced  with  a  point.  Th^  aketch  is 
then  lined  in,  in  monochrome,  with  black* 
yellow,  or  red :  and  the  same  tint  ie  employed 
for  folds  of  diupery  as  for  the  outline.  Nnde 
figures  are  rare :  a  false  impression  of  nudity  is 
conveyed  by  the  loss  of  strokes  which  Mice 
indicated  dress.  It  is  a  matter  of  taste  with 
the  individual  artist  whether  the  brand  anrfiMxa 
of  drapery  are  coloured  in :  l«ter  examines  show 
careful  shading  of  the  dress,  and  flceh^tinta  are 
in  a  few  cases  employed,  varyii^  according  to 
the  person  representedi  Ornament  is  only  need 
on  the  shoulder,  but  a  maeander  pattern  regn^- 
larly  forms  a  frame  to  the  top  of  tbe  fieU,  very 
rarely  appearing  below :  in  one  case  impressed 
patterns,  ovoles,  are  found  (on  an  oenodkoe).  The 
shoulder  may  be  either  red  (gronnd-Mlonr), 
black,  or  white :  the  latter  colour  greatly  pre- 
ponderates, and  alone  oocnrs  in  the  mo»t 
flourishing  period.  Colours  are  all  opaque, 
with  exception  of  sienna  (when  used  tit  out- 
linesX  and  black:  the  range  is  n  laxige  one. 
and  includes  red  of  all  shades,  from  carmine  to 
brown,  blue,  violet,  green,  yellow,  both  chrome 
and  ochre,  brown  and  black.  Klein  (^Emphrtmiokf 
p.  97)  thinks  that  they  were  applied  in  cncanstic 

[PlOTUBA.] 

Three  classes  of  lekythoi  may  be  dis- 
tinguished :—>(a)  Figures  generally  in  red  or 
sienna :  subjects  entirely  funereal :  poljdirany 
sober  and  restrained :  style  fine.  (6)  Fignres  in 
black  or  brown:  subjects  generally  funereal, 
but  sometimes  drawn  from  fiumily  life,  the 
pantheon,  or  even  mythology:  polychromj 
brilliant  and  oAen  directly  pictorial :  style  fine, 
(c)  Figures  in  yellow :  shoulder  without  es^be  : 
painting  almost  always  monochrome:  Uyle 
decadent,  .often  careless.  (For  lekythoi^  v.  £» 
Pettier,  Etude  mr  Us  Leeythes  blancs  atiiqueL) 

Contemporary  with  the  whole  of  the  rni- 
figure  and  probably  with  a  great  part  of  the 
black-figure  period,  are  vases  simply  covered 
with  a  lustrous  black  varnish.  In  the  4th  cen- 
tury these  vases  become  of  more  importance, 
are  ornamented  with  gilding,  and  here  and 
there  a  figure  in  polychrome.  Tbe  majority 
are  mould«i,  and  therefore  fall  under  plastic 

Eictile]:  many  shapes  are  of  great  beanty. 
ually  to  plastic  belong  vases  in  tbe  ahape  oi' 
human  heads,  and,  though  less  decisively,  the 
rhyta.  [Rhttok.]  Plastic,  too,  is  a  group 
which  appears  in  the  latter  half  of  the  4tik 
century,  and  contains  vases  formed  of  human 
busts  xnodelled  in  terracotta,  surmounted  by 
the  neck  of  a  lekythos.  Occasionally  the  vase 
is  more  complete,  and  a  plastic  figure  or  group 
is  merely  laid  upon  it.  Painting  is  polychrome. 
This  class  is  the  predecessor  of  the  modelled 
Capuan  ware.    [Tsbraootta.] 

The  question  of  mechanical  omamant  in  red- 
figure  ware  may. be  very  briefly  dismissed.  lu 
principal  use  is  to  supply  the  gronnd-line  of  a 
scene  or  to  give  a  finish  to  nextain  parts,  cspe- 


VAS 


TAB 


931 


cUlIy  tlie  joints  of  a  rase,  as  the  lip^  union  of 
shoulder  and  neck,  or  handles.  Conservatism 
aoeaants  for  the  not  infrequent  retention  of  an 
ornamental  frame  to  the  fields  of  hjdria  and  am- 
phora :  under  the  handles  of  early  cytices,  and 
•specially  under  those  of  the  stamnos;  appear 
aUborate  anthemia.  The  forms  almost  solely 
in  US0  are  the  maeander,  running  anthemion, 
lotos  and  anthemion,  laurel-wreath;  the  latter 
of  whieh  is  invariable  on  campaniform  craters. 

The  manufacture  of  red-figare  rases  ceased  in 
Greece  proper  about  the  time  of  Alexander,  and 
is  now  transferred  to  &  Italy.  There  is  no 
sudden  change:  in  this,  ns  in  all  periods  of 
Greek  ceramic  ait,  the  various  divtinctiviB  styles 
overlap^  and  those  which,  like  Geometric  or 
Corinthian,  had  an  especial  ▼ogue,  even  outlasted 
their  immediate  successors.  There  had  always 
•zisted  in  Italy  native  schools  of  ceramic,  but  so 
powerful  had  been  the  influence  of  pure  Greek 
style,  so  completely  had  the  fabrics  of  Corhith 
and  Athens  secured  and  kept  the  market,  that 
with  ar  partial  exception  in  favour  of  Etruria, 
none  of  the  Italisn  potteries  ventured  more  than 
an  imitation  of  the  products  of  continental 
Greece.  With  the  opening  of  the  Hellenistic 
age,  however,  art  becomes  provincial;  and  as 
sculpture  and  painting  passed  to  Pergamon  and 
Rhodes  and  Alexandria,  so  Magna  Graecia  in- 
herited the  potter's  craft.  No  new  world-wide 
trade,  like  that  of  Athens,  no  important  novelty 
in*  technique, marked  the  transference.  Although 
Apulia  ptxNluced  amphorae  and  ck-ateres  of  great 
outward  splendour,  the  decadence  of  style, 
which  had  already  begun  at- Athens,  is  painfully 
apparent.  Men  sought  to  add  fresh  life  to  a 
waning  industry  by  inventing  giant  vases  and 
richer  shapes,  by  bringing  into  play  all  the  re- 
sonrces  of  polyohromy,  and  even  summoning 
plastic  to  theit  aid ;  but  profuse  ornament  and 
gaudy  colouring  scarcely  cloak  bad  drawing  and 
bad  taste.  Yet  the  artists  had  a  pride  in  their 
work,  and  signatures,  rare  since  the  end  of  the 
*'  strong  '*  style,  again  occur,  though,  it  is  true, 
in  no  great  number.  Two  traits  are  character- 
istic:— (a)  The  strict  relation  maintained  on 
most  examples  between  the  use  of  the  vase  for 
service  at  the  tomb  and  its  decoration  (either  a 
scene  of  offerings  at  the  tomb,  or  an  appropriate 
myth) :  and — ^where  the  subject  is  not  funereal 
— h(6)  the  frequent  borrowing  from  the  stage 
(farces  especially),  and  the  rendering  of  other 
than  dramatic  scenes  with  dramatic  accessories 
(cf.  Heydemaan,  Jahrhuchy  1886,  pp.  260  £). 

Three  separate  S.  Italian-  fabrics  mav  be  dis- 
tinguished, JteeaaUa,  flampiinlait,  ApoliaiL 
The  technique  in  all  is  that  of  red-figure  ware. 
Each  class  exhibits  a  peculiarity  in  depicting  the 
hnman  figure,  a  peculiarity  suggestive  of  differ- 
ence of  social  type:  each,  too,  introduces  details 
of  national  costume. 

Lucanian  vases  may  be  relatively  somewhat 
older ;  at  least  their  manufacture  seems  to  have 
sooner  come  to. an  end.  Though  somewhat  help- 
less in  draughtmanship,  their  style  is  compara- 
tively restrained ;  polychromy  is  little  used,  and 
the  heavy,  clumsy  drapery  seldom  bears  a  trace 
of  ornament.  A  favourite  shape  is  the  campani- 
form crater;  another,  a  kind  of  amphora  only 
fonnd  in  Lucania,  is  illustrated  by  Genick  {Chriech, 
KeramUt^  pll.  viii.  ix.  x.).  Assteas  is  a  Lucanian 
master.    Earlier  Campanian  vases  imitate  both 


in  shape  attd  subjects  the  so-diUed  ** 'Nolan" 
amphorae  (see  above).  Later  examples  show 
great  fondness  for  polychromy,  tints  especially 
prominent  being  white  and  yellow  ~-the  latter, 
in  most  cases,  a  cheap  substitute  for  gilding. 
Tendrils  of  vine,  ivy,  and  other 'plants  are  oftot 
introduced,  as  also  on  Apiilian  ware,  with  a 
happy  effect :  and  occasionally  motifs  are  -taken 
direct  from  nature  (sts,  e.g.  a  bird  singing  on  a 
spray).  The  most  important  class,  and  that  of 
highest  artistic  merit,  is  the  Apulianj  a  product 
probably  of  Tarentine  activity.  Characteristic 
are  the  giant  amphorae,  one  blaze  of  ornament 
from  head  to  foot :  charact«ristie  too  the  heavy 
Doric  chin  of  the  men,  the  slander  neck  and- 
stout  barrel  of  the  horses,  the  xones  of  fishes- 
and  marine  forriis  employed  as  ornament.  [For 
Apulian  vasesj  -o.  O.  Jahn,  EinkitWHg,  pp.  218  ff.  ;* 
Gerhard,  Apui,  Vasevh,  <B).] 

As  regards  colours  in  6.  Italian*  polychrome - 
ware,  the  red  ground-clay  is  often  dianged  to 
brown,  and  white  used  as  a  flesh-tint  for  women, 
but  also,  with  a  dash  of  yellow,  for  men.  Yellow 
is  perhaps  the  favourite  decorative  colour.  An 
example  will  suffice  to  show  the-  distribution  of 
tints.  On  a  crater  representing  the  Galydonian 
hunt  all  the  actors  are  in  red  ground-colour,  but 
the  boar  is  black  stippled  with  brown,  his  eye 
black  on  white,  his  ears,  tail,  hoofs,  and  snout' 
brown.  His  'antagonist  assails  him  with  a 
yellow  Roman  sword,  carries  a  yellow  shield 
with  white  rim  and  red  inner,  and  wears  a 
yellow  helmet.  A  dog,  white,  lined  with 
yellow,  leapt  against  the  monster.  In  the  field 
are  tree-boles,  white,  lined  with  yellow,  and 
from  them  spring  leafy  sprays^  also  yellow. 
Under  the  lip' of  the  vase  is  an  ivy-wreath,  with 
leaves  in  red  ground-colOur  pointed  with  black 
and  edged  with  a  broad  white  outline. 

It  is  doubtful  at  what  time  the  8.  Italian 
fabrics  died  out,  possibly  by  250  B.G. :  but  al- 
ready in  the  Sr<t'2nd  centuries  B.a  Latin  painted 
vases  appear.  Their  ornamentation  is  quite  sim- 
ple and  rude, — a  spray  of  vine  or  olive  with  per^ 
haps  an  Ek'os  in  the  centre  {AwnaH  del^  Inst 
1884).  These  are  the  last  painted  viases,  and 
they  are  immediately  succeeded  by  the  Cales 
wart,  black,  metallic,  and  moulded  (Gamitrrini, 
Gaz.  Archeoi,  1879,  pp.  47  ff.).  Henceforth 
pottery,  for  so  much  life  as  is  left  to  it,  becomes 
a  branch  of  plastic.  On  the  OcUene  style  follow 
the  Samian  and  Aretine.  Greek  ceramic  art  has 
given  place  to  Roman.  The  pottery  of  Rome  is 
in  itself  of  less  importance,  and  is  suflidently 
described  under  Fictile:  but  it  has  k  value  of 
its  own,  as  the  link  by  which  the  secrets  of 
classical  ceramic  art  were  communicated  to  the 
Northern  tations,  among  whom  the  Celts  tank 
first.  Samian  and  Aretine  vases  were  f^ly 
imitated  in  Gaul  and  England,  when  native 
fabrics  grew  up  under  Roman  influence.  A 
valuable  and  representative  collection  of  Roman 
and  early  British  pottery  is  in  the  Yorkshire 
Philosophical  Society's  Museum  at  York. 

The  field  of  decoration  in  Vaeee.-^At  first  the 
field  is  necessarily  vague.  An  early  principie  of 
decoration  is  established  by  the  analogy  of  a 
vase  to  the  human  body :  then  in  Alambra  ware' 
definite  units  of  ornamentation  appear,  and  the 
surface  is  divided  into  compartments.  Painting, 
as  at  Thera,  makes  it  possible  to  deeorate  inner 
surfaces.   In  the  Mycenae  period  the  high  centre 

3o  2 


932 


VAS 


VEOnGALLl 


of  gravity  in  the  prerailing  vase-ahapes  serves 
to  determine  the  shoulder  as  priocipal  field :  in 
Dipylon  style  both  shoulder  and  neck — ^the  latter 
perhaps  especially — receive  ornament,  and  there 
is  a  general  correspondence  between  obverse  and 
reverse.    In  Phaleron  oenochoae  the  panel  on  the 
neck  and  the  beginning  of  a  metope  style  are  to  be 
noted ;  while  the  divergent  rays  which  decorate 
in  perpendicular  lines  the  lower  body  of  the  vase 
introduce  a  new  conception.    The  latter  practice 
is  perfected  at  Rhodes,  and  becomes  thenceforth 
an  established  principle.     Rhodes,  too,  began  to 
divide  the  field  into  zones,  proportioned  to  each 
other  and  to  their  position  on  the  vase,  to  re- 
serve the  neck  for  mechanical  ornament,  and  to 
make  the  junction  of  neck  and  shoulder  organic 
by  covering  it  with  a  band  of  dentals.    Ck>rin- 
thian  ware  retrogrades:   handsome  as  it   un- 
doubtedly is,  it  is  false  to  the  law  of  develop- 
ment which  Greek  pottery  had  already  marked 
out  for  itself.    At  Cyrene  the  influence  of  metal 
originals  was  supreme ;  but  the  zones,  rays,  and 
dentals  of  Rhodes  are  retained.     To  metal-work 
is  due  the  medallion  and   the   preference  for 
cylices  and  their  ornamentation  on  the  inner 
surfiice.    On  large  vases  the  centre  zone  or  zones 
form  the  field  proper ;  the  rest,  like  the  outside 
of  cylices,  is  given  up  to  mechanical  ornament. 
The  main  scene  is  placed,  in  Chalcidian  am- 
phorae, on  the  body ;  and  above  it  is  a  narrow 
band  of  animals  and  horsemen.      With   Attic 
black-figure  many  improvements  are  introduced. 
A  fixed  ornament  is  adopted  for  the  neck,  and 
the  field,  divided  into  obverse  and  reverse  by  the 
handles,  is   given  an   internal  unity  by  being 
framed  in,  and — as  a  consequence  of  the  new 
technique — separated  from  the  rest  of  the  vase. 
To  each  of  the  several  shapes,  moreover,  a  special 
system  of  decoration  begins  to  be  assigned,  com- 
pounded of  three  elements, — ^the  zone,  panel, 
and  medallion, — of  which  the  first  and  third 
belong  of  right  to  metaUwork;  the  second  is 
probably  equivalent  to  a  metope,  and  therefore 
architectural.    Of  the  manner  in  which  a  suit- 
able ornamentation  for  cylices  was  determined 
mention  has  previously  been  made.    It  need  only 
be  added  here  that  the  outer  surface  was  finally 
adopted  as  true  field,  while  the  school  of  Epictetus 
perfected  the  inner  medallion.    Framing  of  the 
field,  in  red-figure  technique,  in  amphorae  and 
hydriae,  is  only  retained,  as  by  Andoddes,  from 
motives  of  conservatism.     (Jntil  the  influence  of 
painting  was  thoroughly  felt    only    a    single 
ground-line  was  used,  and  there  was  no  real 
differentiation  of  background  and  foreground. 
^    From  430  B.a  onwards  the  single  ground-line 
I     is  frequently  broken  up,  and  the  field  is  treated 
as    though  the   vase  were    so    much   canvas. 
Figures  are  also  placed  in  the  air,  and  this  prac- 
tice is  subsequently  greatly  abused.    In  Cam- 
panian  and  Lucanian  pottery  as  a  rule  no  ground- 
line  is  marked :  there  are  a  few  exceptions.   In 
Apulian  an  irregular  chain  of  dots  serves  that 
purpose,  while  figures  '^  in  the  clouds  ** — ^forces 
controlling,  and  spectators  interested   in,   the 
action — are  represented  by  busts  only. 

[For  the  difficult  problem  of  the  relation  be- 
tween obverse  and  reverse,  and  the  extent  to 
which  they  mutually  explain  one  another,  v. 
J.  C.  Morgenthau,  Der  Zusammenhang  der  Biider 
auf  grieckiaohen  Vaaen,"] 
LnrJSBATUBB.— (70»Mra/  accounU:  Jahsi  Em^ 


leitmg  zur  SeBchreibung  der  Vasenaammhmg  th 
Mimchen  (Munchen,  1864:  in  parts  obsoUte)*, 
Birch,  Anc.  Pottery  (London,  2nd  ed.  1873);  Du- 
mont  et  Chaplain,  Les  Ceramiques  de  la  Greoe 
propre  (Paris,  1881 :  in  progren) ;  Baumeister's 
DenkiAaier,  s.r.  <<  Vasenkunde  "  (Munchen,  1889 : 
a  most  useful  epitome,  to  which  the  present 
article  is  in  many  ways  indebted);  Geniclk. 
Griechi9che  KeramUt  (Berlin,  1883 :  a  r^ram^  of 
types  with  text  by  FurtwSngler) ;  Lan,  GriecJt- 
%8che  Vaaen  (Miinchen,  1877 :  numerous  plates 
illustrating  formal  side  of  Greek  pott«ry). 

Sp&cial  works, — ^The  references  given  under 
various  sections  of  this  article  are  in  no  sens« 
exhaustive,  but  they  will  furnish  a  due  to  the 
most  important  and  recent  papers  in  periodic 
literature  which  for  vases  is  of  the  utmost 
moment.  For  the  connexion  of  early  ceramics 
with  Homeric  culture,  Helbig,  Daa  homeriache 
Epoa :  as  a  sample  of  modem  aiUdsm,  Robert, 
BUd  und  Lied:  for  Cyprus  and  Phoenicia, 
Perrot  et  Chipiez,  HiaMre  de  VArt  dama  FAnii- 
quH^f  vol.  iii.  Brunn's  theories  are  to  be  found 
in  Ahh.  dL  kgL  haif,  Akad.  vol.  zii.  pt.  ii.  pp.  87  ff^ 
and  vol.  xviii.  pt.  i.  More  extravagant  is 
P.  Amdt,  Studien  zw  Vaaenhmde  (Munchen, 
1887). 

Illustrative  works. — ^The  chief  publications  of 
figured  and  other  vases  may  be  found  catalogued 
under  the  names  of  Tischbein,  Millin,  Milltngen, 
BOttiger,  SUckelberg,  Gerhard,  Panofka,  Lenor- 
mant  et  De  Witte,  BrVndsted,  De  Luynes,  R.- 
Rochette,  Benndorf,  FrShner,  Furtwingler :  also 
in  special  series  like  the  Wiener  Vor&geUSUer, 
or  general  collections  like  Muller-Wieseler'a,  and 
Baumeister's  J>enkmSlerf  and  the  chief  archaeo- 
logical journals.  [H.  A.  T.] 

VABA'RIUM.    [Salarium.] 

UDO,  a  warm  close-fitting  shoe  of  felt  (Mart, 
xiv.  140).  It  is  clear  that  the  translation 
'<  sock  "  in  dictionaries  is  wrong,  for  Dig.  34,  2, 
25,  §  4,  specially  distinguishes  them  as  worn 
**  calceamentorum  loco,"  whereas  the  impiiia  are 
said  to  be  ^  vestis  loco."  The  impiiia  therefore 
take  the  place  of  our  socks,  and  are  equivmlent, 
or  nearly  so,  to  the  Greek  vtKoi  (Hea.  Op,  542). 
which  seem  to  have  been  strips  of  felt  wrapped 
round  the  feet  and  extending  up  the  leg :  so  in 
Plat.  Symp.  p.  220  B,  we  find  faoScSc^^rMr  col 
iv9iKvyii4pm¥  ro^s  v^of  cis  vtXovs,  the  first 
participle  referring  to  the  sandals,  the  second 
describing  the  %tKoi.  They  were  not  ordinan- 
articles  of  Greek  clothing,  but  were  worn  in 
extreme  cold,  e,g.  at  the  siege  of  Potidaea.  Thtr 
name  may,  however,  also  nave  been  given  to 
felt^oles  (probably = Latin  pedule\  since  Pollux 
(vii.  91)  distinguishes  viXoi  from  wsptciA^^wTa 
wo9&p.  The  same  passage  gives  as  names  f^r 
a  sort  of  stocking  x4Kvrrpa  and  voSsmk:  the 
latter  of  these  words  occurs  in  Theophr. 
J7.  P.  vii.  12,  8,  and  is  rendered  in^ia  hx 
Pliny  ( JI,  M  xix.  §  32)  in  his  traBsUUon  of 
that  passage.  (Becker-Gdll,  CkariUee^  iU.  284 ; 
Gallva,  ui.  226;  ~  Marquardt,  Privatieben. 
p.  502.)  [G.  E.  M.] 

YEGTIGAXIA,  a  term  used  dtiicr  Q.)  in  a 
narrow  sense,  =  dues  levied  on  ager  fmbliata : 
see  below :  or  (ii.)  in  a  wide  sense, =all  regular 
and  ordinary  sources  of  Roman  revenue,  a» 
distinct  from  the  extraordinary  tribvtum  [T&i- 
butum].  As  many  of  these  are  treated  in 
separate  articles,  we  need  only  give  a  list  v: 


YECTIGALIA 

them  here  and  explain  thoae   which  are  not 
elsewhere  treated. 

1.  The  tithes  paid  to  the  state  by  those  who 
occupied  state-domains  in  Italy  or  the  provinces 
[Decumae  ;  AORARIAE  Leoesj.  Rents  of  houses 
and  buildings  on  public  lands,  sohrium, 

2.  The  sums  paid  by  those  who  Icept  their 
cattle  on  the  public  pastures  [Soriftuba], 

3.  Products  of  the  public  forests;  money 
raised  by  sale  of  timber  and  of  tar  (picariae; 
veetigal  jnGarianun ;  Cio.  BryU,  22,  84). 

4.  Income  from  public  buildings  and  works ; 
markets ;  bridges  [PoRTOUUH] ;  sewers  (Ulpian, 
Dig.  7, 1, 27, 3) ;  water-supply  [Aquaeductcs]  ; 
baths  [Balmeas]:  see  bureau  de  la  Halle, 
.Boonomie  Politique  des  BomainSf  Bk.  ir.  oc.  22, 
23 ;  and  Hirschfeld  (cited  below). 

5.  The  rerenue  derived  from  the  salt-works 
[Saunas]. 

6.  The  revenue  derived  from  mines  {metaHa ; 
focUnae  caurariae^  ferrariae^  &c.)  and  from  mine- 
rals of  every  description.  This  branch  of  the 
public  income  cannot  have  been  very  productive 
until  the  Romans  bafl  become  masters  of  foreign 
countries.  Till  that  time  the  mines  of  Italy 
were  worked,  but  this  was  presently  forbidden 
by  the  senate  (Plin.  H.  N.  iii.  §  138 ;  xxxiii. 
§  78 ;  xzziv.  §  2).  We  do  not  know  the  4ate  of 
this  measure,  or  its  motive.  It  was  perhaps 
passed  from  distrust  of  publiami  (cf.  Livy,  zlv. 
18),  er  to  discourage  local  minting.  Mommsen, 
Staatsrecht,  iii.  1117,  says  the  working  was 
forbidden  ''in  the  agrarian  interest."  The 
mines  of  conquered  countries  were,  like  the 
jo/moe,  partly  left  to  individuals  (Pint.  Crosstu, 
2 ;  Tac  Ann,  vL  19X  companies  (Cic.  Phil,  ii. 
19,  48),  or  towns,  on  condition  of  a  certain  rent 
being  paid,  or  they  were  worked  for  the  direct 
account  of  the  state,  or  farmed  by  pMiocmi,  In 
the  last  case,  however,  the  profits  of  the  jdii6- 
liotau  were  limited  by  the  lex  oenaoria  or  con- 
tract settling  how  many  labourers  might  be 
employed  (Plin.  ff,  N.  zxziu.  §  78).  The 
emperors  by  degrees  got  nearly  all  mines,  and 
quarries  too,  into  their  own  hands,  as  belonging 
either  to  the  fiecua  or  to  the  patrimionittm 
Caeearie,  whether  they  were  found  in  imperial 
or  in  senatorial  provinces.  These  were  then 
either  let  to  contractors  (ponductores  metalli)^  or 
worked  directly  for  the  emperor  by  procuratoree 
who  had  the  right  to  employ  soldiers  and  the 
forced  labour  of  criminals  {ad  tnetalla  damnaUo}, 
or  else  the  right  of  working  was  sold  to  private 
persons  and  the  product  taxed.  Among  the 
richest  mines  known  were  the  gold  mines  of 
Aquileia  (Polyb.  xxxiv.  10)  and  of  Vercellae 
(Plin.  M.  N.  xxxiii.  §  4 ;  Strabo,  v.  1,  12),  and 
the  Spanish  silver  and  iron  mines  (Polyb.  xxxiv. 
9  ;  Liv.  xxxiv.  21).  The  gold  and  silver  mines 
of  Macedonia  (Herod,  v.  17 ;  Liv.  xxxix.  24) 
were  closed  bv  the  senate ;  iron  was  still  allowed 
to  be  worked  (Liv.  xlv.  18,  29).  There  were 
also  various  mines  in  Thrace,  Illyricum,  Nori- 
cam,  Africa,  Sardinia,  and  Britain.  (See  on  the 
last  C.  /.  X.  vii.  p.  220  sq, ;  Hiibner  in  Bhein. 
Mus.  N.  F.  12).  Revenue  was  also  raised  in  like 
manner  from  sandpits  (arenariae ;  Dig.  7,  1,  9), 
chalk-pits  (creUfodinae  ;  Dig.  7, 1,  13 ;  24, 3,  7), 
marble-  and  ordinary  stone-quarries  (lapicidinae), 
grindstone-  and  millstone-quarries  (cotoriae; 
Dig.  39,  4,  15),  and  the  vermilion-works  in 
Spain  (Plin.  ff.  S,  xxxiu.  §  118).    (0.  Hirsch- 


YECTIGAUA 


933 


feld.  Die  Bergwerke ;  Uttterstichungen,  1876 ;  J. 
Binder,  Die  Bergwerke  im  rCmiachen  Staatehimt- 
halt  1880.)    [Metallum,  2.] 

7.  Revenue  from  letting-out  public  fisheries 
(Polyb.  vi.  17 ;  Servius  on  Verg.  Georg,  ii.  161). 

8.  The  customs-duties  [PoRTORiUMJ. 

9.  Quinquagesima  (or  Quinta  et  vioeaima)  man' 
dpiontm  teruUnun;  a  duty  on  slaves  sold  [QuiN- 
quaqesuca]. 

10.  Centesima  rerum  Miia/tiimjrCEMTEBiHA],  a 
duty  on  other  articles  sold.  The  produce  of 
this  tax,  like  that  of  No.  11,  belonged  to  the 
aerarium  militare  [AerariumJ. 

11.  Vioeaima  hereditathim      \ "ir,«»«,„. 

^n    rr-     •  f  >ee  VICESIHA. 

12.  ncetimamanttintsnonttAi  r 

13.  The  tribute  imposed  on  foreign  countries. 
It  has  been  thought  that  this  was  by  far  the 
most  important  branch  of  the  public  revenue ; 
but  it  is  difficult  to  maintain  this  against  the 
words  of  Cicero  (jpro  Leg,  Manil,  6, 14X  *'  cete- 
rarum  provinciarum  "  (except  Asia)  **  vectigalia 
tanta  sunt  ut  iis  ad  ipsas  provincias  tutandas 
vix  contenti  esse  possimus.''  So  Mommsen 
writes  {Hi9t,  Rome,  E.  T.,  Bk.  iv.  c  11)  of  the 
republican  period :  *'  The  only  provinces  yielding 
a  considerable  surplus  were  perhaps  Sicily,  and 
more  especially  Asia."  The  provincial  tribute 
took  different  forms.  It  might  be  (i.)  decwmae 
of  the  produce  of  land  (ije,  land  left  to  the  old 
owners,  and  regarded  more  as  private  than  as 
public  property,  though  it  was  still  technically 
ager  pAlicue),  The  decumae  of  course  varied  in 
amount  from  year  to  year  (App.  B,  C.  v.  4). 
The  persons  paying  this  charge  were  called 
vectigale8,M  Or  the  charge  was  (ii.)  Uipendium, 
a  tax  of  nzed  amount.  The  persons  who  paid 
this  were  called  stipendiarii  [Stipendiaru].  It 
was  (a)  tributum  aoH^  a  land-tax.  This  might 
be  paid  in  money  or  in  kind  (even  in  hides  or 
skins,  Tac  Ann,  iv.  72).  Or  it  was  (3)  tributum 
capitie  (Dig.  15,  8,  7  ;  ^pos  vmftdftmv  of  App. 
Syr,  50),  which  might  again  be  a  property-tax 
on  wealthy  people,  or  a  tax  on  trades  (cf.  No. 
14),  or  a  poll-tax  {hctK^^AKauwi  plur.  ^vmc- 
^dkia  in  Cic  ad  Fam,  v.  16,  2 ;  paid  in  Britain, 
Dio  Cass.  Ixii.  3),  so  as  to  reach  people  who  had 
no  land,  or  no  cultivated  land,  fiut  little  is 
known  of  these  charges.  Some  of  them  seem 
to  have  varied  with  a  man's  census  (Cic.  Verr, 
ii.  53,  131);  and  an  unproductive  estate  was 
perhaps  valued  and  charged  according  to  the 
number  of  its  columns  or  of  its  doors  [CoLUH- 
harittm;  Obtzarium].  The  poll-tax  {exactio 
oapitumf  Cic  ad  Fam.  iii.  8,  5)  amounted  in 
Syria  and  Cilicia  to  1  per  cent,  of  a  man's  census  \ 
(App.  Syr.  50),  and  was  specially  heavy  for  the  I 
Jews.  It  was  farmed  to  piMioani  in  Cicero's  I 
time.  Joeephus,  BeU,  Jud.  ii.  16,  4  (4  ica0*  | 
iicdffTriP  JCf^oXV  ehr^opd),  may  mean  poll-tax 
or  may  use  the  term  more  widely. 

To  the  above  items  of  provincial  tribute 
must  be  added  a  payment  in  kind ;  a  anpply  of 
corn  [Annona]  or  other  necessaries  (wine,  oil, 
meat,  fodder ;  V egetius,  iii.  3).  This  was  pro- 
bably a  later  development  of  the  frumentutn  m 
cellam  of  republican  times  [Proyincia].  In 
most  provinces  it  was  annona  mUitariSf  i.e.  it 
fed  the  army  of  occupation  and  the  o6icials, 
and  was  paid  over  on  the  spot.  But  Africa  and 
Egypt  had  to  meet  not  only  the  annona  militarise 
but  also  the  annona  civioa;  Le.  they  had  to  find 
food  for  Rome,  and   later  for  Constantinople. 


^4 


VKCTIGALIA 


VECTIOAUA  TBMPLOBUK 


Africa  had  to  feed  Rome  for  eight  months,  Egypt 
for  four  (JosephoB,  Ball.  JucL  ii.  16,  4).  For 
BriUin,  see  Tac.  Agr.  19,  31. 

14.  Taxes  oa  professions  or  trades  (Suet.  Co/. 
4O4  Hist.  Aug.,  Alex,  Set.  24,  32  ;  Cod.  Theod. 
13,  1). 

15.  A  tax  on  obstinate  celibacy  [Aes  Uxo- 
biuh].  The  Lex  Julia  et  Papia  Poppaea  of 
Augustas'  time  (which  see)  imposed  penalties 
very  like  taxation  on.  unmarried  persons  of  a 
certain  age:  see  Tac  Ann.  iii.  25:  Plin.  Paneg, 
42i 

16.  Temporary  taxes,  (a)  A  kind  of  ship- 
money,  levied  on  coast-towns  for  their  defence 
against  the  pirates  (Cic  Verr.  r,  17,  19,  24). 
(/3>  Ootttva,  In  b.c.  31  all  Uberti  living  in  Italy 
and  possessing  property  of  at  least  200  ae$iertia 
had  to  pay  a  tax  of  12^  per  cent,  on  their 
property  (Dio  Cass.  1.  6,  li.  3).  (7)  Temporary 
exactions  imposed  between  the  death  of  Caesar 
and  the  consolidation  of  the  power  of  Octa- 
yianus  (Cic.  iid  Brut.  1,  18 ;  App.  B.  C.  !▼.  5, 
32 ;  5,  67 ;  Dio  Cass.  xlvi.  31,  xlviL  16,  xlviii.  31 
and  34, 1.  10 ;  and  see  Tiubutum).  (8)  The  new 
taxes  of  Caligula  (Suet.  Cal.  40).  Among  them 
was  the  Quadragesima  lxtium.  They  were 
probably  all  repealed  by  Claudius,  (c)  The 
new  taxes  of  Vespasianus  (Suet.  Vetp.  16,  23 ; 
Dio  Cass.  Ixri.  14).  On  the  wctigal  tin'nae,  see 
Durean  de  la  Malle,  JEoonomie  politique  des  J2o- 
mains,  Bk.  iv.  c.  23.  [DoutTil.]  (0  Special 
charge  on  senators,  imposed  by  Commodus  (Dio 
Cass.  Ixxii.  16). 

Here  we  may  add,  as  sources  of  revenue, 
though  they  are  not  strictly  vectigalia,  Not. 
17-21. 

17.  AUBUM  COBONABItTX. 

18.  Booty  taken  in  war ;  product  of  sale  of 
prisoners,  &o.    [Spolia.] 

19.  Profit  made  out  of  the  coinage. 

20.  Windfalls  of  yarious  kinds  [Bona  Ca- 
ouca;  BoNAVACAirriA].  Fines  and  confiscated 
property. 

21.  Legacies  to  emperors,  sometimes  of  enor- 
mous amount  (Suet.  Avg.  101,  Cal,  38 ;  Tac 
Amu  ii.  48,  xvi.  11 ;  Dio  Cass.  IviU.  16),  looked 
after  by  special  procurotcres. 

Under  the  Republic  the  senate  was  the 
highest  authority  in  matters  of  finance,  but  the 
censors  carried  out  or  supervised  the  details. 
The  collection  of  duties,  taxes,  and  tributes,  was 
let  for  the  most  part  to  ptMicani  for  a  fixed 
aum  and  a  fixed  number  of  years  [Censor; 
PuBLlCANi].  Under  the  Empire  the  authority 
of  the  senate  was  curtailed  by  the  division  of 

f provinces  betw.een  senate  and  emperor,  which 
ed  to  a  separation  between  aerarivm  and  fiactu ; 
the  senate  controlled  the  former,  the  emperor 
the  latter  [Aerartoii;  Focus].  The  chief 
finance-minister  of  the  early  Empire  was  de- 
scribed as  a  rationibus;  afterwards  called  pro- 
ctwator  a  ratiomfnu  ;  then  procurator  SHmmarum 
rationmnj  or  rationalis.  (See  on  his  successive 
titles  Mid  functions  0.  Hirschfeld  in  the  Jahrb. 
f.  PhiM.  1868.) 

The  total  income  of  Rome  from  all  sources 
cannot  be  even  approximately  discovered  for  any 
period.  Pint.  Pomp.  45  has  the  general  state- 
ment that  before  Pompey's  Eastern  conquests 
the  vecHg<Uia  (r^  r4K7i)  amounted  to  200,000,000 
sesterces ;  and  beyond  this  we  cannot  well  go. 
.    (See  Naqnet,  J>et  Imp6t$  indirecU  che»  le$ 


Bomams,  1875;  0.  Hirschfisld,  Vhtdrtmihuitgeu 
out  dem  GAiete  der  rdmischgn  Venaaltwmgs- 
gesehkkte,  1876 ;  S.  Herrlich,  De  aerario  et  fitco 
Bomanorum  quaestiones,  1872.)  [F.  T.  R.] 

VEGTIGA'LIA  TEMFLO'BUM,  the  re- 
venues  of  temples. 

L  Greek.  Ancient  temples,  like  modem 
churches,  often  contained  large  accum  aisled 
treasures  in  the  precious  metals  and  other 
valuable  objects.  So  far  as  these  were  merely 
stored  up  unproductively  (mi^XiaX  they  will 
not  be  noticed  here:  we  are  conoemed  oniv 
with  sources  of  annual  income.  We  have  seen. 
however,  that  the  productive  employment  of 
such  treasures  dated  from  a  very  remote  period, 
and  that,  before  the  rise  of  the  rptar9(iratf  the 
temples  were  the  earliest  banks  in  Greece 
[Aroentaui,  Vol.  I.  180  6].  Other  xeveaues, 
by  which  the  priests  were  maintained  aad  the 
splendour  of  religious  establishments  supported, 
are  now  to  be  considered. 

The  first  and  most  important  of  these  was  tlie 
rent  of  land.  In  the  heroic  age,  indeed,  there 
was  little  other  wealth,  and  it  was  the  monopoly 
of  a  royal  and  noble  oaste.  The  saaoe  word 
rifjMtos  denotes  both  the  royal  domain  and 
estates  belonging  to  a  temple  (r4fupf  fimfUs 
Tc  ^M^cif,  Horn.  11.  viii.  48,  xxiii.  148 ;  Od.  vixL 
363).  In  two  instances  in  the  Homeric  Cata- 
logue we  find  expressions  implying  that  the 
entire  territory  of  a  city  was  sacred  to  a  god : 
Onchestus  in  Boeotia  is  called  Tio^MiUm  Up^ 
ik<ros  (i7.  ii.  506X  Pyrasus  on  the  Pagasaeaa 
gulf  Atififirp^t  rifitwos  {ib.  696).  Wealthy 
priests  are  mentioned,  who  are  either  royal  or 
noble :  Chryses,  who  offers  Aa'spc/tf-c*  IfarocMi  for 
his  daughter  (i7.  i.  13),  and  Anios  (Verg.  Am. 
iii.  80 ;  Ov.  Met.  xiii.  631>  are  both  kings  of 
men  and  priests  of  Apollo :  in  the  case  of  Dares 
(A^rti^s,  Itfi^futWf  Ipths  'H^rroie,  IL  v.  9,  ]<») 
it  may  be  a  question  whether  his  riches  are 
derived  from  his  priesthood  or  the  priesthood 
bestowed  upon  a  man  of  birth  and  wealth. 
This  state  of  things,  which  may  remind  os  of 
the  "prince-bishops"  of  modem  Eniope,  sur- 
vived to  a  much  later  period  in  Aaia  Minor 
and  adjoining  countries :  in  several  tnalanoes  a 
priest  is  next  to  the  king,  and  enjoys  large 
landed  revenues ;  among  the  Albanians  of  the 
(3aucasus,  Strab.  xi.  p.  503;  at  Comana  ia 
Cappadoda,  Id.  xii.  p.  535;  at  Cabira  or 
Sebaste  and  another  Comana,  p.  557 ;  at  Zeis, 
p.  559;  these  last  places  are  all  in  Ponta>. 
Actual  figures  are  not  wanting:  in  Morimcne, 
a  district  of  Cappadoda,  was  a  temple  of  Zeos 
with  3000  hieroduli,  and  yielding  an  income  vf 
fifteen  talents  a  year  to  the  priest :  this,  after 
Comana,  was  the  next  best  thing  of  the  kind  ia 
Cappadocia  (Strab.  xiL  p.  537j.  Cato,  charged 
by  the  senate  with  the  deposition  of  Ptolemy  of 
Cyprus,  proposed  to  pennon  him  off  hand^melr 
as  priest  of  the  Paphian  Aphrodite  (4t  vfrt 
>yi}ftdr«»r  o(kff  Tift^s  4wMi  fitmff^puewmm^  Plot. 
Cat.  Min.  35). 

Temples  were  also  endowed  with  tithes  cf 
various  kinds,  described  under  Dbcitmae,  VoL  I. 
pp.  603  6^  604  a.  We  add  here  soibe  further 
examples.  The  Athenians,  when  they  con- 
quered Chalcis  and.  dirided  the  lands  of  the 
HiPPOBOTAE  among  cleruchs,  assigned  T9p.iw^ 
te  Athena  in  the  Leiantine  plain,  the  richest 
part  of  the  territory  in  questiea:    this  mnst 


VEOTIGALIA  TEMPLOBUH 


VBOTIGALIA  TEMPLORUM     935 


have  been  of  the  Aattire  of  a  tithe,  though  the 
exact  proportion  so  dedicated  is  not  mentioned 
(Aelian^  V.  H,  ri.  1).  On  the  fall  of  Mytilene, 
«at  •f  3000  lots  of  land  they  devoted  300  to 
the  gods  and  sent  cleruchs  to  the  remainder 
^Thucjd.  ill.  50).  When  they  planted  a  colony 
at  Brea,  they  decreed  that  whatever  lands 
already  belonged  to  the  gods  should  remain 
sacred:  this  was  probably  their  general  prac- 
tice (Inscr.  ap.  Rhangab^,  Ant,  Hell.  785  b, 
].  19).  We  find  a  rifiwos  of  Athena  in  Samoa 
<a  /.  0.  2246);  at  Aegina  (C.  /.  (?.  [add.] 
2638).  Brasidas,  after  the  storming  of  Lecythns 
in  Sithonia,  where  there  was  a  temple  to 
Athena,  dedicated  the  whole  territory  to  the 
goddess,  and  pulled  down  all  the  secular  build- 
ings (Thucyd.  It.  116).  •  Sometimes  the  cultiva- 
tion of  lands  thus  dedicated  was  forbidden,  as  in 
the  well-known  instance  of  the  Cirrhaean  plain 
on  the  coa»t  below  Delphi,  the  cause  of  two 
aacred  wars  in-  the  time  of  Solon  and  again  in 
that  of  Philip :  the  object  of  this  was  to  give 
the  Delphians  exclusive  possession  of  that 
region,  and  to  secure  the  approaches  to  the 
oracle  (Aeschin.  Ctes.  §  107  ff. ;  Dem.  de  Oor. 
pp.  277-8,  §  151  ff.). 

Among  the  produce  of  sacred  lands  are  to  be 
reckoned  cattle,  timber,  particular  fruits  such 
«s  vines,  figs,  or  olives,   fisheries,  and  mines. 
There  might  be,  on  the  one  hand,  herds  of  oattle 
called  H^rot,  which  no  one  could  touch,  just  as 
there  might  be  sacred  groves  from  which  no 
stick  was  allowed  to  be  removed,  or  which  no 
human  foot  might  enter :  but  there  were  others 
labouring  under  no  such  restrictions,  and  form- 
ing part  of   the   substantial    endowments    of 
temples.    Such  were  the  3000  sacred  cattle  at 
Minoa  in  Sicily  (Diod.  iv.  80);   and  those  of 
Juno  Lacinia  (Liv.  xziv.  3).     In  Attica,  certain 
olive-trees  QiopicUf  miKoi)  growing  upon  private 
lands  were    themselves   the    property  of   the 
goddess,  and  the  oil  from  them  was  given  away 
«t  the  Panathenaic  festival  (Lys.  Or,  7,  wtp\  rov 
tfifKov).      [Olea,  p.   263  a.1      In    the   deme 
Lakiadae  was  a  grove  of  sacred  fig-trees  (Pausan. 
i.    37,  §  2;  .SchOmann,  Gr,  Alterth,  ii.  188). 
Pausanias  gives  examples  of  fish-ponds  which  no 
one  might  disturb  (iii.  21,  §  5 ;  vii.  22,  §  4) ; 
others  again  where  the  priests  alone  were  per- 
mitted to  fish  (i.  38,  §  1).    A  Delian  inscription 
is  our  sole  authority  for  the  fkct  that  sea-fisheries 
aometimes  belonged  to  temples ;  the  language  of 
it,  however,  is  clear  and    unmistakable:    rV 
^cUorrar  r^r 'A^i^ofwy  oStror  iml  <H)v  4p  'Pn^^ 
ifiitrStnraif  94Ka  irri  (Boeckh,  in  Abh.  d.  Berl. 
Akad.  1834).    The  people  of  Siphnos  granted  a 
tithe  of  their  gold   and    Filver   mines  to  the 
Pythian    Apollo,    and    prospered    exceedingly 
^Herod.  iii.  57;   Pausan.  xi.  1,  §  2;  for  another 
case,  cf.  C.  /.  G,  162). 

Temple  property,  whatever  its  description, 
was  let  on  much  the  same  terms  as  other 
property.  Sacrifices  were  paid  for  imh  fittrSof 
fid'ngv  (Iftocr.  Areop.  §  29) ;  %,e,  as  explained  by 
Didymns,  ap,  Harpocrat.  s.  v.  iiwh  fitoBotfidrwiff 
4k.  tSp  rtfiwmmp  vpotr^Btov  (cf.  Xen.  de  Veet  4, 
§  19;  Plat.  Legg,  vi.  p.  759  £).  The  Athenian 
government  allowed  no  perquisites  to  its  officers ; 
hence  it  required  those  who  purchased  animals 
for  sacrifice — ^the  /9<k»iwx,  /fpoiroiof,  &c. — to 
account  for  the  skins  of  the  victims.  But 
whether  such  money  (the  Btp/ueruchp)  went  into 


the  sacred  or  the  state  treasury,  seems  un^ 
certain  [Derhatikon].  The  revenue  derived 
by  temples  from  predial  serfs  and  other  slaves 
is  more  fully  treated  under  Hieroduli. 

The  more  popular  shrines,  while  their  perma- 
nent treasure  was  increased  by  votive  offerings 
[DONAftiA],  further  derived  a  large  annual 
income  from  sacrifices  and  payments  by  wor- 
shippers. This  was  more  particularly  the  case 
with  oracles,  which  were  not  to  be  consulted 
gratuitously.  So  Ion  says  of  his  life  at  Delphi, 
fioffioi  fi*  f^tpfiop  olwiAw  T*  Acl  ^4yos  (Eurip. 
lon^  323).  The  sums  to  which  multitudes  of 
small  payments  might  mount  up  are  shown  in 
the  case  of  the  impostor  Alexander  of  Abono- 
teichos.  His  charge  for  consulting  his  sham 
oracle  was  1  drachma  2  obols;  his  profits  70,000 
or  80,000  drachmas  a  year  (Lucian,  Alex.  23). 

(SchOmann,  Qr,  Alterth.  ii.  18L-246,  297-328; 
Hermann,  Oottesd.  Alterth.  §  20;  Boeckh, 
P.  E.  p.  303  =  Sthh.*  i.  372 ;  R.  Koht«,  de 
ReditSma  Tempkrum  Oraeoorum,  GOttingen, 
1869).  [W.  W.] 

9.  ROMAK.  In  considering  the  Roman  temple- 
treasuries  and  the  source  and  management  of 
their  revenues,  it  must  be  observed  that  the 
svstem  was  based  upon  a  different  idea  from 
that  of  the  Greek  temple-treasuries  treated  of 
above.  Religion  at  Rome  was  more  entirely  an 
affair  of  state:  the  maintenance  of  religion 
(apart  from  the  family  observances)  was  a  state 
duty,  and  even  the  revenues  which  were  dedi- 
cated to  religious  purposes  were  under  btate 
control.  The  temples  had  property:  firstly, 
that  which  from  time  immemorial  had  belonged 
to  the  deity  and  his  temple,  or  had  been  brought 
with  him  when  he  became  part  of  the  Roman 
order  of  gods  bv  the  incorporation  of  his 
original  state  with  Rome ;  secondly,  the  lands 
and  dues  subsequently  given  or  assigned:  but 
this  property  was,  as  will  be  seen,  regarded  as 
part  of  the  state  possessions,  merely  assigned  to 
a  special  purpose^ that  of  religious  service. 
This  view  of  the  matter  arose  naturally  from 
the  fact  that  in  ancient  times  the  king  defrayed 
the  cost  of  religion  out  of  part  of  his  own 
revenues,  being  himself  responsible  for  the  dis- 
charge alike  of  sacred  and  political  duties. 

The  temples  had  a  treasury  {area)  into  which 
flowed  revenues  from  various  sources.     We  have 
special  mention  of  the  area  of  the  PonUfices, 
the  Vestals,  and  the  Fratres  Arvales,  and  there 
can  h€  little  doubt  that  the  case  was  siimilar  in 
all  temples  (C.  /.  L.  v.  3924,  vi.  1600,  2028, 
10284,  13618;   and  more  references   in   Mar- 
quardt,  Staatsveno.  ii.  82).     The  revenues  of 
these  treasuries  arose: — 1.  From  lands:  these 
were,  as  was  said  above,  originally  part  of  the 
king's  domain  (Dionys.  ii.  7,  iii.  1);  and  the 
same  was  the  case  at  Alba  before  its  union  with 
Rome  (Id.  iii.  29).      Under  the  Republic,  the 
priestly  colleges  had  lands  within  and  without 
the   city,  of  which  in  critical  times  part  was 
sold  for  state  uses,  and  any  surplus  was  no 
doubt  ordinarily  so  appropriated  (Symmach.  Ep. 
i.  68 ;  Fest.  p.  189 ;  Sic.  Place,  p.  162 ;  Ores.  v. 
18 :  cf.  Liv.  i.  20 ;  Dio  Cass,  xliii.  47 ;  Appian, 
Mithr.  22).    This  fact  and  the  use  of  the  lucar 
or  income  from  sacred  groves  for  games  under 
state  control  [Lucar]  show  clearly  the  secular 
management  of  the  treasuries.    In  Italy  temples 
were  endowed  in  some  cases  frvm  ancient  righta 


936 


VENABULUM 


(Lit.  xxIt.  3),  in  others  by  the  Romans  (e.g.  the 
temple  of  Diana  Titatana  at  Capna  by  Sulla; 
Veil.  ii.  25 ;  C,  /.  Z.  x.  3828).  Gifts  of  land 
to  temples  were  dedicated  by  the  Pontifex  Mazi- 
muSf  and  it  was  necessary  that  they  should  be 
contirmed  by  a  vote  of  the  people,  even  when 
the  donor  was  a  private  person  (Fest.  p.  318 ; 
Gell.  ii.  5 ;  Cic.  de  Dom,  49,  127 ;  Mommsen, 
Staatar,  ii.  p.  61):  the  priests  had  nothing  to 
do  with  its  management ;  sales  and  leases  were 
under  the  authority  of  the  magistrates.  The 
temple  land  revenues  lasted  till  Christian  times 
(Cod.  Theod.  10,  10,  24;  16, 10,  19  and  20);  the 
claim  to  sell  was  of  course  based  on  the  old 
Roman  theory  that  all  looa  aacra  were  part  of 
the  state  domain  (Frontin.  de  Contr,  Agr.  p.  56) : 
hence  they  were  administered  by  the  censor. 

2.  Fees  on  admiethn  to  a  priesthood.  Consider- 
able sums  were  paid  **  pro  introitu  sacerdotii " 
(Suet.  Ciaud.  9,  CaL  22;  Dio  Cass.  lix.  28) :  the 
enforcement  of  such  payment  rested  with  the 
civil  magistrates. 

3.  Fees  paid  by  subordinate  ministers  of  the 
temples.  These  were  themselves  paid  officials, 
but  they  paid  fees  on  their  admission. 

4.  Profits  on  victitM :  the  sale  of  hides  [com- 
pare Dermatikom]. 

5.  Votive  offerings  made  to  the  tempfe  (Dig. 
33,  1,  20,  §  1 ;  cf.  Varro,  ap,  Macrob.  Sat  iii. 
12,  2). 

The  area  pontificum  (under  control  of  the 
senate,  with  the  arcarius  pontifioalis  to  manage 
it :  Symmach.  Ep.  i.  68)  received  the  proceeds 
of  (a)  the  forfeited  deposits  called  sacramenta 
[see  ViNDiCATio];  (6)  fines  for  damage  to,  or 
trespass  on,  tombs  (see  Mommsen,  Staatsr,  i.  70) 
[it  is  possible  that  the  frequency  of  these  fines 
may  be  accounted  for  by  the  superstitions  men- 
tioned on  p.  729  a] ;  (c)  fines  levied  on  priests 
by  the  Pontifiex  Maximus ;  (d)  the  property  of 
a  Vestal  who  died  intestate. 

All  the  above  revenues  being,  as  has  been 
said,  under  state  control,  were  used  for  the^ 
maintenance  of  religion  primarily,  though  the 
surplus  might  in  cases  such  as  those  before 
mentioned  be  devoted  to  other  purposes.  ,  The 
temple  buildings  were  kept  in  repair  by  the 
state* with  funds  taken  from  the  Aerarium  under 
the  authority  of  the  Censors  [Vol.  I.  p.  402] : , 
but  the  current  expenses  for  regular  sacrifices 
were .  provided  by  the  temple-treasuries,  the 
priests  having  doubtless  power  to  draw  upon 
these  funds.  The  great  priesthoods  were  posts 
of  hoDour  like  the  political  magistracies,  and, 
like  them,  were  unpaid ;  but  the  working  statf 
of  priests,  or  ]  ermnneut  officials,  so  to  speak,  in 
the  service  of  religion  were  paid  by  the  state. 
Maintenance  was  therefore  provided  for  the 
Curiones  (Fest.  £p.  p.  49),  the  VesUls  (Liv.  i. 
20 ;  Tac.  Ann,  iv.  16),  and  for  all  those  who  had 
to  give  their  services  whenever  called  for,  t.e. 
the  haruspices  and  pullarii,  and  the  subordinate 
attendants,  calatores,  viatores,  &c  For  this 
payment  of  ministers  of  religion  the  revenue 
from  sacred  lands  was  used,  and  any  other  funds 
belonging  to  the  temple  treasuries.  It  may  be 
noticed  that  the  Roman  temples  (since  their 
property  was  directly  under  state  control) 
]H>ssessed  no  temple  slaves,  such  as  we  find  in 
Greece  and  in  some  ))arts  of  Italy  and  Sicily 
(c,q,  Eryx  and  Larinum).  [G.  £.  M.l 

VENA'BULUM*    [Venatio,  1.] 


YENATIO 

VENATIO.  1.  (jHipa,  Kurnytaia.)  That 
hunting  was  practised  as  early  as  the  Homeric 
age,  not  only  for  food  and  profit  but  also  as  a 
sport  by  the  more  wealthy,  is  clear  from  the 
description  of  the  hunting-party  which  Antoly- 
cus  arranged  for  Odysseus  {Od,  xix.  429—446), 
and  from  its  being  represented  as  the  ptaatime 
of  gods  and  heroes  (//.  v.  49,  xxi.  485 ;  Od.  ri. 
102,  xi.  572) :  as  a  matter  of  necessity,  we  find 
it  of  course  practised  both  to  get  food  (OdL  ix. 
154)  and  to  destroy  wild  hearts  dangerous  to 
life  and  property  (//.  v.  555,  ix.  543;  ctl 
Pausan.  i.  27).  The  animals  hunted  are  lions 
(//.  xvii.  132),  panthers  (xxi.  573),  wild  boar» 
(xi.  414),  deer  (xi.  473;  Od.  x.  159,  xix.  227)» 
ibex  {Od.  xvii.  295X  hares  (i&.).  As  regards  the 
method  and  appliances,  we  get  informetioa  od 
moat  points  from  the  passage  of  the  Odyssey 
alluded  to  above  (xix.  429-446),  in  which  we 
notice  especially  the  absence  of  nets  as  a  point 
of  difference  from  later  Greek  and  Boman 
hunting  [Rete].  The  hnntamen  (#■■*!  %wt) 
take  the  hounds  forward  to  track  the  boar  (cf. 
Od.  xvii.  312),  and  the  hvnting-partj  follows 
armed  with  spears.  The  Homeric  honting 
weapons  are  spears  (8<fpv,  ^TX^'y  ^^  *-  ^^^* 
xix.  437),  javelins  (&corret,  Jl.  xi.  551 ;  edymrioL, 
Od.  ix.  156),  bows  and  arrows  (77.  xi.  473),  dubs 
{Od.  xi.  575).  It  may  be  noted  that  DSderlein 
takes  aiyso'dai  to  be  arrows  in  the  pottnge  dted 
above,  but  he  is  probably  wrong:  see  77.  U.  774 ; 
Buchholz,  Homer.  Reatien^  ii.  §  33. 

The  later  Greek  hunting  may  be  best  atndied 
in  Xenophon's  treatise  Cynggctiau,  where*  after 
mention  of  the  divine  beings  who  lored  the 
sport,  we  find  a  description  of  the  nets  (for 
which  and  their  use,  see  Rete),  and  then  an 
account  of  the  hounds,  their  breed,  their  points, 
powers  of  scent,  &c    Their  equipment  {tti^iun 
icvTMr)  conMsts  of  collars  (Mpcua),  leeahea  or 
couples  (i/i^EnTcs),  and  broad  belts  (ercA^ioruu) 
with  spikes  sewn  in,  to  obviate  the  inomiTenience 
of  dogs  and   bitches  hunting  together.     It  is 
noticeable  that  as  a  point  of  training  they  are 
never  allowed  to  hunt  foxes,  becanse  it  takes 
them  off  their  proper  game  {iv  Tf|  S^orrc  otfevre 
vipttaof).     The  ipK^mpot  goes  out  very  early 
and  sets  the  nets  into  which  the  hunted  animal 
is  to  be  driven :  the  «cvnn^tVf»  who  wean  a 
light  dress  suited  for  running,  and  carries  a 
stick  {p&iru\o¥)f  brings  on  the  hounds,  and  the 
hare  is  either  driven  into  the  nets  or  run  till 
she  falls  exhausted,  or  sometimes  is  killed  by  the 
^iwaXov.    in  snowy  weather  the  hare  is  tracked 
without  dogs,  since  the   snow  makes  tracking 
easy  and  the  frost  injures  the  dogs'  feet.     For 
hunting    deer,   a  larger  and  stronger  hound, 
which  he  calls  'lySuri^  is  used,  and  the  hunter 
has  javelins:    besides  the  ordinary  apparatus 
of  nets,  snares  called  itttwrrfifimx  are  set  about 
the  haunts  of  the  herd.    This  is  a  wooden  dog 
with  a  noose  to  catch  the  foot,  covered  lightly 
with  earth:  the  deer  drags  this  in  his  flighty 
which  is  thus  slower  and  more  easily  tracked. 
For  wild  boars,  besides  the  boar-hounds  and  nets 
we  find  mention  of  boar-spears  QUfnty  wmAmium\ 
which  are  not  thrown  as  javelins,   but    are 
slanted  to  receive  a  charge  (cf.  Verg.  iv.  131, 
ix.  553 ;   Plin.  j&jp.  i.  6 ;   Cic   Verr.  r.  3,  7). 
The  veSoer^d^cu  are  used  for  boars  also.     Lions 
and  panthers  he  speaks  of  as  only  trapped  by 
pitfalls  (with  a  decoy)  or  poisoned  (cf.  Plia. 


VENATIO 

IT.  N,  Tiil.  §  99).  The  Roman  method  of 
hunting  hares,  deer,  or  wild  boars  was  essen- 
tially the  same  as  that  described  by  X^nophon 
^cf.  Oppian  and  Nemesianas).  Representations  of 
the  Roman  sport  are  found  in  Pompeian  paintings 
(see  Baumeister,  Denkm,  p.  711).       [G.  £.  M.] 

8.  The  name  venatio  was  given  among  the 
Romans  to  an  exhibition  of  wild  beasts,  which 
fought  with  one  another  and  with  men.  These 
exhibitions  originally  formed  part  of  the  games 
of  the  Circus.  Julius  Caesar  nrst  built  a  wooden 
amphitheatre  for  the  exhibition  of  wild  beasts, 
which  is  called  bT  Dio  Cassius  (xliii.  22)  Bivr^v 
KunrY9TUc6i^f  and  the  same  name  is  given  to 
the  amphitheatre  built  by  Statilius  Taurus  (Id. 
li.  23),  and  also  to  the  celebrated  one  of  Titus 
(Id.  Ixvi.  24);  but  even  after  the  erection  of 
the  latter  we  frequently  read  of  Venationes  in 
the  Circus  (Spart.  ffadr.  19  ;  Vopisc.  Prob,  19). 
The  persons  who  fought  with  the  beasts  were 
either  condemned  criminals  or  captives,  or 
individuals  who  did  so  for  the  sake  of  pay  and 
were  trained  for  the  purpose.    [Bkbtiarii.] 

The  Romans  were  as  passionately  fond  of  this 
entertainment  as  of  the  exhibitions  of  gladiators, 
and  during  the  latter  days  of  the  Republic  and 
under  the  Empire  an  immense  variety  of  animals 
Tiras  collected  from  all  parts  of  the  Roman  world 
for  the  gratification  of  the  people,  and  many 
thousands  were   frequently  slain  at  one  time. 
The    spectacle    was    called    especially     ludus 
mattUmus,  because,,  when  a  gladiatorial  combat 
also  was  given,  the  venatio  came  first  early  in 
the  day  (Friedliinder,  S,  G.  ii.  349).    The  Jrst 
recorded  occasion  of  a  venatio  was  in  B.C.  186, 
in  the  games  celebrated  by  M.  Fulvius  in  ful- 
filment of  the  vow  which  he  had  made  in  the 
Aetolian  war ;  in  these  games  lions  and  panthers 
were  exhibited  (Liv.  xxxiz.  22).     It  is  mentioned 
as  a  proof  of  the  growing  magnificence  of  the 
age  tnat  in  the  Lndi  Circenses,  exhibited   by 
the  curule  aediles  P.  Comelins  Scipio  Nasica  and 
P.  Lentulus,  B.a  168,  there  were  sixty-three 
African  panthers  and  forty  bean  and  elephants 
(Liv.  zliv.   18;    cf.    Mart.    Spectao,    passim). 
From  about  this  time  combats  with  wild  beasts 
probably  formed   a  regular  part  of  the  Lndi 
Circenses,  and  many  of  the  curule  aediles  made 
great  efforts  to  obtain  rare  and  curious  animals, 
and  put  in  requisition  the  services  of  their 
friends.    (Compare  Caelius's  letter  to  Cicero,  ad 
Fam,  viii.  9.)    Elephants  are  said  to  have  first 
fought  in  the  Circus  in  the  curule  aedileship  of 
Claudius  Pulcher,  B.a  99,  and  twenty  years 
afterwards,  in  the  curule  aedileship  of  the  two 
Luculli,  they  fought  against  bulls  (Plin.  H,  N, 
▼iil.  §  19)..  A  hundred  lions  were  exhibited  by 
Sulla  in  his  praetorship,  which  were  destroyed  by 
javelin  men  sent  by  king  Bocchus  for  the  purpose. 
This  was  the  first  time  that  lions  were  allowed 
to  be  loose  in  the  Circus ;  they  were  previously 
always  tied  up  (Senec.  de  Brev,  Vit,  IS).     The 
games,   however,  in  the  curule    aedileship  of 
Scaurus,  B.C.  58,  surpassed  anything  the  Romans 
had  ever  seen ;  among  other  novelties  he  first 
exhibited  a  hippopotamus  ttnd  five  crocodiles 
in  a  temporary  canal  or  trench  (euripuSf  Plin. 
If.  If.  viii.  §  96).     At  the  venatio  given  by 
Pompey  in  his  second  consulship,  B.C.  55,  upon 
the  dedication  of  the  temple  of  Venus  Victrix, 
and  at  which  Cicero  was  present  (Cic  ad  Fam. 
Tii.  1),  there  was  an  immense  number  of  animals  | 


VENATIO 


937 


slaughtered,  among  which  we  find  mention  of 
600  lions,  and  eighteen  or  twenty  elephants :  the 
latter  fought  with  Gaetulians,  who  hurled  darts 
against  them,  and  they  attempted  to  break 
through  the  railings  (wUhn)  by  which  they 
were  separated  from  the  spectators  (Senec.  /.  a ; 
Plin.  viii.  §  21).  To  guard  against  this  danger 
Julius  Caesar  surrounded  the  arena  of  the 
amphitheatre  with  trenches  (euripi),  Thz  pilae 
of  the  amphitheatre  were  puppets  or  effigies  of 
straw  thrown  in  to  divert  the  attention  of  an 
infuriated  animal,  or  at  other  times  to  stimulate 
and  excite  him  (Mart.  Sjpectac  9,  19).  In  the 
first  fragment  of  the  speech  pro  ComeUo  Cicero 
speaks  of  **  homines  foeneoa  in  medium  ad 
tentandum  periculum  projectos,"  i,e,  to  judge 
of  the  temper  of  the  animal,  whether  he  would 
sulk  or  charge :  compare  **  men  of  straw,"  and 
**  fiat  experimentum  in  corpore  viii." 

In  the  games  exhibited  by  Julius  Caesar  in  his 
third  consulship,  B.&  45,  the  venatio  lasted  for 
five  days  and  was  conducted  with  extraordinary 
splendour.  Camelopards  or  giraffes  were  then 
for  the  first  time  seen  in  Italy  (Dio  Caas.  xliii. 
23;  Suet.  Jul,  39;  Plin.  B,  A.  1.  c;  Appian, 
B.  a  ii.  102;  Veil.  Pat.  ii.  56).  Julius  Caesar 
also  introduced  bull-fights  in  which  Thessalian 
horsemen  pursued  the  bulls  round  the  circus, 
and,  when  the  latter  were  tired  out,  seized 
them  by  the  horns  and  killed  them.  This  seems 
to  have  been  a  favourite  spectacle;  it  waa 
repeated  by  Claudius  and  Nero  (Suet.  Claud, 
21 ;  Dio  Cass.  Ixi.  9).  In  the  games  celebrated 
by  Augustus,  B.a  29,  the  hippopotamus  and  the 
rhinoceros  were  first  exhibited,  according  to 
Dio  Cassius  (li.  22),  bnt  the  hippopotamus  is 
spoken  of  by  Pliny,  as  mentioned  above,  in  the 
games  given  by  Scaurus.  Augustus  .also  ex- 
hibited a  huge  snake  (Suet.  Aug.  43),  and 
thirty-six  cr<^odiles,  which  are  seldom  men- 
tioned in  the  spectacles  of  later  times  (Dio  Cass. 
Iv.  10). 

The  occasion^  on  which  venationes  were  ex- 
hibited have  been  incidentally  mentioned  above. 
They  seem  to  have  been  first  confined  to  the 
Ludi  Circenses ;  but  during  the  later  times  of 
the  Republic,  and  under  the  Empire,  they  were 
frequently  exhibited  on  the  celebration '  of 
triumphs,  and  on  many  other  occasions,  with 
the  view  of  pleasing  the  people.  The  passion 
for  these  shows  continued  to  increase  under,  the 
Empire,  and  the  number  of  beasts  sometimes 
slaughtered  seems  almost  incredible.  At  the 
consecration  of  the  great  amphitheatre  of  Titus, 
5000  wild  beasts  and  4000  tame  animals  were 
killed  (Suet.  Tit  7;  Dio  Cass.  xlv.  25);  and 
in  the  games  celebrated  by  Thtjan,  after  his 
victories  over  the  Dacians,  there  are  said  to 
have  been  as  many  as  11,000  animals  slaughtered 
(Id.  Ixviii.  15).  Under  the  emperors  we  read  of 
a  particular  kind  of  venatio,  in  which  the  beasts 
were  not  killed  by  bestiarii,  but  were  given  up 
to  the  people,  who  were  allowed  to  rush  into 
the  area  of  the  circus  and  carry  away  what  they 
pleased.  On  such  occasions  a  number  of  large 
trees,  which  had  been  torn  up  by  the  roots,  w<sre 
planted  in  the  circus,  which  thus  resembled  a 
forest,  and  none  of  the  more  savage  animals 
were  admitted  into  it.  A  venatio  of  this  kind 
was  exhibited  by  Qordian  I.  in  his  aedileship, 
and  a  painting  of  the  forest  with  the  animals  in 
it  is  described  by  Julius  Capitolinns  QShrdian^ 


938 


VBNATIO 


VENATIO 


3).  One  of  the  most  oztraordinarf  remitiones 
of  this  kind  was  that  giTen  hj  Probas,  in  which 
thon  were  1000  ostriches,  1000  stags,  1000 
boars,  1000  deer,  and  nambers  of  wild  goats, 
wild  sheep,  and  other  animals  of  the  same  kind 
(Vopisc.  Proib.  19).  The  more  savage  animals 
wore  slain  by  the  bestiarii  in  the  amphitheatre^ 
and  not  in  the  circns.  Thus,  in  the  day  suc- 
ceeding the  renatio  of  Probus  jnst  mentioned, 
there  were  slain  in  the  amphitheatre  100  lions 
and  the  same  number  of  lionesses,  100  Libyan 
and  100  Syrian  leopards,  and  300  bears  (Vopisc. 
L  a).  It  is  unnecessary  to  multiply  exam^es, 
as  the  above  are  sufficient  to  give  an  idea  of  the 
numbers  and  variety  of  animals  at  these  spec- 
tacles ;  but  the  list  of  beasts  which  were  col- 
lected by  Gordian  III.  for  his  triumph,  and 
were  exhibited  by  his  successor  Philip  at  the 
Secular  Games,  deserves  mention  on  account 
4>f  their  variety  and  the  rarity  of  some  of  them. 
Among  these  we  find  mention  of  32  elephants, 
10  elks^  10  tigers  (which  seem  to  have  been 
very  seldom  exhibited),  60  tame  lions,  30  tame 
leopards,  10  hyaenas,  an  hippopotamus  and  rhi- 
noceros, 10  archoleontes  (it  is  unknown  what 
they  were),  10  camelopards,  20  onagri  (wild 
asses,  or  perhaps  xebras),  40  wild  horses,  and  an 
immense  number  of  similar  animals  (Vopisc. 
Oordhn,  33). 

These  spectacles  were  continued  till  the  6th 
eentury,   but  had  gradually  become   less  de- 


structive to  human  life,  since  the  bestiarii  ixad 
more  contrivances  afforded  for  their  protecikm 
and  more  opportunity  allowed  them  for  escape 
from  a  dangerous  encounter.  (See  on  thia  poiat 
Friedliinder,  &  0,  ii.  379.) 

Combats  of  wild  beasts  are  sometimes  repre- 
sented on  the  coins  of  Roman  families,  as  on  the 
annexed  coin  of  M.  livineius  Regnlua,  which 
probably  refers  to  the  venatio  of  Julius  Caesar 
mentioned  above. 


Ooln  of  M.  Livineius  Beguliis. 

In  the  bas-reliefs  on  the  tomb  of  Seaanu  at 
Pompeii,  there  are  representations  of  combats 
with  wild  beasts,  which  are  copied  ia  the 
following  woodcuts  from  Maxois  (jronp.  i.  plL 
32, 33).  On  the  same  tomb  gladiatonal  eosabats 
are  represented,  which  are  figured  under 
Glaoiatoees. 

Fig.  1  represents  a  man  naked  and  anamed 
between  a  lion  and  a  panther.  Persons  in  this 
defenceless  state  had  of  course  only  their  agility 
to  trust  to  in  order  to  escape  from  the  beasts : 


Belleft  ttcm  the  tomb  of  Scaums.    Fig.  1. 


Fig.  2. 


Fig.  3. 


but  it|must  be  confessed,  as  Baumeister  notices, 
that  the  apparent  flight  of  both  animals  lacks 
explanation. 

In  Fig.  2  we  see  a  bestiarius  against  whom  a 
wild  boar  is  rushing :  he  has  probably  lost  or 
broken  his  spear,  and  has  little  chance  of  escape. 
In  the  same  relief  there  is  a  wolf  running  at  full 
speed,  and  also  a  stag  with  a  rope  tied  to  his 
horns  who  has  been  pulled  down  by  two  animals, 
probably  wolves.  The  third  relief  is  supposed 
by  Mazois  to  represent  the  training  of  a  besti- 
arius: Baumeister  with  greater  probability 
takes  it  as  a  combat.  It  may  result  in  the  two 
animals  attacking  either  each  other  or  the 
bestiarii.    The  man  on  the  left  is  stimulating 


the  bull  with  a  venabmhan;  the  armed  bestiarius 
to  the  right  is  watching  for  a  &voiirable 
moment  to  throw  his  javelin.  For  the  panther 
attached  by  a  rope  to  the  bull,  cf.  Ssa.  tk  In, 


Fig.  4. 

ill.  43.    The  fourth  woodcut  repwseats  a 
equipped  in  the  same  way  as  the  matadsr  in  tbe 


VENEPIOIUM 

SjMuiUh  twll-fighti- in  the  present  day,  namelf, 
witk  a  sword  in  one  hand  and  a  veil  in  the 
other.  The  reil  was  first  employed  in  the  arena 
in  the  time  of  the  Emperor  Clandius  (Plin.  H.  N, 
riii.  I  54).  The  animal  is  supposed  to  be  in- 
tended for  a  bear.  (Friedliinder,  6'.  (?.  ii.*  348  ff. ; 
Marqnardt,  Staattfoerw,  iii.  565 ;  Banmeister, 
Denkm,  2104  ff.)  [W.  S.]    [G.  E.  M.] 

VENEFI'GIUM,  the  crime  of  poisoning,  is 
Ireqttently  mentioned  in  Roman  history.  Women 
were  most  addicted  to  it ;  but  it  seems  not  im- 
probable that  this  charge  was  frequently  brought 
against  -women  without  sufficient  evidence  of 
their  guilt,  like  that  of  witchcraft  in  Europe, 
in  the  Middle  Ages.  We  find  them  condemned 
to  death  for  this  crime  in  seasons  of  pestilencey 
when  the  popular  mind  is  always  in  an  excited 
state  and  ready  to  attribute  the  calamities  under 
which  they  suffer  to  the  arts  of  eyil-disposed 
persons.  Thus  the  Athenians,  when  the  pesti- 
lence raged  in  their  city  during  the  Pelopon- 
neeian  war,  supposed  the  wells  to  have  been 
poisoned  by  the  Peloponnesians  (Thucyd.  ii.  48X 
and  similar  instances  occur  in  the  history  of 
almost  all  states.  Still,  howiev«r,  the  crime 
of  poisoning  seems  to  have  been  much  more 
frequent  in  andent  than  in  modem  times ;  and 
-this  oircumstance  would  lead  persons  to  suspect 
it  in  cases  when  there  was  no  real  ground  for 
-the  suspicion.  Respecting  the  crime  of  poisoning 
at  Athens,  see  Phjlrmaoon  Gbaphe. 

The  fifst  instance  of  its  occurrence  at  Rome 
in  any  public  way  was  in  the  consulship  of  M. 
Claudius  Marcellos  and  C.  Valerius,  B.C.  331, 
when  tlM  city  was  Tisited  by  a  pestilence. 
After  many  of  the  leading  men  of  the  state  had 
died  by  the  same  kind  of  disease,  a  slave-girl 
gave  information  to  the  curule  aediles  that  it 
was  owing  to  poisons  prepared  by  the  Roman 
naatrons.  Following  her  information,  they  sur- 
prised about  twenty  matrons,  among  whom  were 
Cornelia  and  Sergia,  both  belonging  to  patrician 
families,  in  the  act  of  preparing  certain  drugs 
over  a  fire ;  and  being  compelM  by  the  magis- 
trates to  drink  these  in  the  forum,  since  they 
anerted  that  they  were  not  poisonous,  they 
perished'  by  their  own  wickedness.  Upon  this 
further  inibrmations  were  laid,  and  as  many  as 
a  hundved  and  seventy  matrons  were  condemned 
<Liv.  viii.  18 ;  compare  Val.  Max.  ii.  5,  §  3 ; 
Oros.  iii.  10  ;  August,  de  Civ.  Dei,  iii.  17).  We 
next  read  of  poisoning  being  carried  on  upon  an 
extensive  scale  as  one  of  the  consequences  of  the 
tntroduotion  of  the  worship  of  Bacchus  (Liv. 
xxxix.  8)  [Bacchanalia].  In  B.a  184^  the 
praetor  Q.  Naevius  Matho  was  commanded  by 
the -senate  to  investiffate  such  cases  (de  tfeneficiit 
quaerere) :  he  spent  four  months  in  the  investi- 
gation, which  was  principally  carried  on  in  the 
monicipia  and  conciliabnla,  and,  according  to 
Valerius  of  Antium^  he  condemned  2000  persons 
(Liv.  xxxix.  38,  41).  We  again  find  mention  of 
a  public  investigation  into  cases  of  poisoning  by 
order  of  the  senate,  in  B.O.  180,  when  a  pesti- 
lence raged  at  Rome,  and  many  of  the  magistrates 
and  other  persons  of  high  rank  had  perished. 
-The  investigation  was  conducted  in  the  city  and 
-within  ten  miles  of  it  by  the  praetor  C.  Claudius, 
and  beyond  the  ten  miles  by  the  praetor  C. 
Maenins.  Hostilia,  the  widow  of  the  consul 
<X  Calpnroius,  who  had  died  in  that  year,  was 
accused  of  having  poisoned  her  husband,  and 


VEB  SAGBUM 


939 


condemned  on  what  appears  to  have  been  mere 
suspicion  (Liv.  xl.  37).  In  B.a  154  two  consulars 
were  said  to  have  been  poisoned  by  their  wives 
(Liv.  Ep.  xlviii. ;  Val.  Max.  vi.  3,  8).  Cases  of 
what  may  be  called  private  poisoning,  in  oppo- 
sition to  those  mentioned  above,  frequently 
occurred:  so  Qnintil.  v.  11,  39,  ''nnllam 
adulteram  non  eandem  esse  veneficam  "  (cf.  Auct. 
ad  Iferenn,  1,  23 ;  Plin.  If.  N.  ii.  §§  156,  157). 
The  speech  of  Cicero  in  behalf  of  Cluentius 
supplies  us  with  several  particulars  on  this 
subject.  Under  the  Roman  emperors  it  was 
carried  on  to  a  great  extent,  and  some  females 
who  excelled  in  the  art  were  in  great  request. 
One  of  the  most  celebrated  of  these  was  Locusts, 
who  poisoned  Claudius  at  the  command  of 
Agrippina,  and  Britannicus  at  that  of  Nero,  the 
latter  of  whom  even  placed  persons  under  her 
to  be  instructed  in  the  art  (Tac.  Ann.  xii.  66, 
xiii.  15;  Suet.  Ner.  33;  Juv.  i.  71).  For  a 
fuller  list  of  poisoning  cases,  see  Mayor's  nojte  on 
Juv.  i.  70. 

The  first  legislative  enactment  especially 
directed  against  pononing  was  a  law  of  the 
dictator  Sulla — Lex  Cornelia  de  sicariis  et 
veneficis — passed  in  B.C.  82,  which  continued  in 
force,  with  some  alterations,  to  the  latest  times. 
It  contained  provisions  against  all  who  made, 
bought,  sold,  possessed,  or  gave  poison  for  the 
purpose  of  poisoning  (Cic.  pro  Chtenii  54,  158 ; 
Marcian,  Dig.  48,  8,  3 ;  Inst.  iv.  18,  5).  The 
punishment  fixed  by  this  law  was,  according  to 
Marcian,  the  deportatio  in  insulam  and  the 
confiscation  of  property;  but  it  was  probably 
in  the  earlier  period  the  interdictio  aquae  et 
igni$j  since  the  deportatio  under  the  emperors 
took  the  place  of  the  interdictio,  and  the  ex- 
pression in  the  Digest  was  suited  to  the  time 
of  the  writers  or  compilers.  [Lex  Cornelia, 
p.  39.]  By  a  senatnsconsultum  passed  subse- 
quently)  a  female  who  gave  drugs  or  poison  for 
the  purpose  of  producing  conception  even  with- 
out any  evil  intent,  was  banished  (relegatd),  if 
the  person  to  whom  she  administered  them  died 
in  consequence.  By  another  senatnsconsultum 
all  druggists  (pigmerUarit)  who  administered 
poisons  carelessly  '^  purgationis  causa,"  were 
liable  to  the  penalties  of  this  law.  [Phaijia- 
OOFOLA.]  In  the  time  of  Marcian  (that  of 
Alexander  Severus)  this*  crime  was  punished 
capitally  in  the  case  of  persons  of  lower  rank 
(hunUiiores),  who  were  exposed  to  wild  beasts, 
but  persons  of  higher  rank  (altiorea)  were  con- 
demned to  the  deportatio  in  insulam  (Dig.  /.  c). 

The  word  veneficium  was  also  applied  to 
potions,  incantations,  he.  (Cic.  Brut.  60,  217; 
Petron.  118);  whence  we  find  veneficus  and 
venefioa  used  in  the  sense  of  a  sorcerer  and 
sorceress  in  general.  rScpEBSTrno.!  For  the 
poisons  employed,  cf.  Dioscor.  de  Venen.,  and 
other  passages  collected  by  Professor  Mayor.  It 
is  noticeable  that  mineral  poisons  were  unknown 
(Quintil.  Lect.  350,  p.  741  B).  See  further  on 
this  subject  Rein  in  Paully,  s.  v.  venefictunif 
venenwn;  Mayor,  /.  c.         [W.  S.]    [G.  £.  M.] 

V£R  SACRUM  (Irs;  hp6y).  It  was  a 
custom  among  the  early  Italian  nations, 
especially  of  the  (Jmbro-Sabellian  stock,  in  times 
of  great  danger  and  distress,  to  vow  to  the 
deity  the  sacrifice  of  everything  bom  in  the 
next  spring ;  that  is,  between  the  1st  of  March 
and  the  last  day  of  April,  if  the  calamity  under 


940 


VERBENA 


which  they  were  laboaring  should  be  removed. 
(Fest.  Ep.  p.  379 ;  Lir.  xxH.  9,  10,  xxxiv.  44 ; 
Strab.  V.  p.  250 ;  Sieenna,  ap.  Nod.  xii.  18 ; 
SerT.  ad  Aen,  vii.  796.)  This  sacrifice  in  the 
enxlj  times  comprehended  both  men  and 
domestic  animals,  and  there  is  little  doabt  that 
in  many  cases  the  tow  was  really  carried  into 
effect.  But  in  later  times  the  actual  sacrifice 
was  thought  cruel,  and  accordingly  the  follow- 
ing expedient  was  adopted.  The  children  were 
allowed  to  grow  up,  and  in  the  spring  of  their 
twentieth  or  twenty-first  year  they  were  with 
covered  faces  driven  across  the  frontier  of  their 
native  country,  whereupon  they  went  whither- 
soever fortune  or  the  deity  might  lead  them. 
Dionysius  (i.  16)  describe  it  as  happening 
(a)  as  a  thanksgiving  for  c^oyS^aor  Wmi,  (6)  for 
propitiation :  if  the  former,  they  offer  sacrifices, 
and  send  out  the  colony  with  good  omens ;  if 
the  latter,  in  grief,  demanding  pardon  of  those 
sent  out.  The  real  occasion,  at  least  in  most 
cases,  was  doubtless  pressure  of  over-population 
in  the  Apennine  valleys :  the  emigration,  which 
was  a  more  merciful  course  than  ^acrifioe  by 
infantidde,  was  so  like  the  swarming  from  a 
hive  that  Varro  chooses  it  as  an  illustration, 
"  cum  examen  exiturum  est ...  ut  olim  Sabini 
foctitaverunt  propter  multitudinem  liberonim  " 
(£.  £,  iii.  16).  Several  Italian  nations  traced 
their  origin  to  a  Ver  Sacrum:  Samnites,  Lu- 
canians,  Bruttii,  Picentini,  Hirpini ;  the  Umbri 
and  Sabini  being  regarded  as  autochthons. 
According  to  the  legendary  account,  Man,  the 
national  god  of  Italy,  sends  guides  for  the  home- 
less warriors,  in  the  case  of  the  Hirpini  a  wolf 
(Airpus),  of  the  Picentini  (Plin.  ff,  N.  ui.  §  110) 
a  woodpecker  (ptcusX  ^^  ^^^  Samnites  an  ox 
(cf.  Bovianum).  It  is  probably  a  truer  view  to 
recognise  in  these  legends  the  ancient  animal 
totems  of  these  tribes  than  to  suppose  that  the 
legend  arose  from  the  tribal  name.  That  this 
swarming  still  went  on  as  late  as  the  time  of 
the  First  Punic  War,  is  shown  by  the  case  of 
the  Mamei*tini,  or  **8ons  of  Man"  in  Sicily, 
whose  origin  is  traced  to  a  Ver  Sacrum  (Feet, 
p.  158). 

In  the  two  historical  instances  in  which  the 
fiomans  vowed  a  ver  sacrum,  that  is,  after  the 
battle  of  lake  Trasimenus  and  at  the  close  of  the 
Second  Punic,  War,  the  vow  was  confined  to 
domestic  animals,  as  was  expressly  stated  in  the 
vow.  (Liv.  xxii.  10 :  for  a  critical  discussion  of 
the  woxds,  see  Hasenmuller,  in  Jlhem»  Mus.  xix. 
1864.)  It  must  be  observed  that  in  these  two 
cases  it  had  only  a  religious  significance  as  a 
vow,  and  had  nothing  to  do  with  emigration. 
(Liv.  /.  c.  and  xxxiii.  44 ;  Plut.  Fab,  Max,  4.) 
For  further  discussion  see  Mommsen,  ffitt,  of 
Bome^  i.  122 ;  Marquardt,  Staattnerw,  iii  281 ; 
Nissen,  Das  Temp/uoi,  p.  154  ff. 

[L.S.]    [G.E.M.] 
VERBE'NA.    [Saomina.] 
VERBENA'BIUS.    [Fbtialxb.] 
VERNA.    rSERVUB,  pp.  662  6^6650.] 
VERSO    IN    REM    AOTIO.      [Sebyub, 
p.  661  6.] 

VERSU'RA.    [Feitos.] 
.    VERU,  VERUTUM.    [Haota.] 

VESPAE,  VESPILLCyNES.  [Funus, 
Vol.  I.  p.  892  a.] 

VE8TAXE8  (  Virgines  VeHales),  the  virgin 
priestesses  of  Vesta,  who   ministered    in  her 


VESTALE8 

temple  and  watched  the  eternal  fire.  That 
they  were  recognised  as  a  priesthood  is  elcax 
from  their  official  designation,  ^  aacerdoU* 
VesUles  "  (C.  /.  L,  vi.  2128 ;— OeUius,  L  12, 
14 ;  X.  15,  31).  They  belonged  to  thai  oldest 
class  of  priesthoods  [Saceedos]  wboae  duties 
were  limited  to  the  service  of  particular  deities, 
and  we  have  good  reason  to  suppose  thai  they 
were  at  least  as  ancient  as  any  of  these.  Their 
existence  at  Alba  Longa  is  connected  with  the 
earliest  Roman  traditions,  for  Rhea  Silvia,  the 
mother  of  Romulus,  was,  according  to  the 
legend,  a  Vestal  (Liv.  i.  20 ;  Dionys.  i.  76) ; 
and  they  are  known  to  have  survived  at  Alba 
down  to  the  age  of  the  later  Empire.  The 
institution  is  also  found  at  Lavinium  and  Tibur 
(Marquardt,  ^aaUfienB,  iu.  336,  rcfil ;  Preoacr, 
HnUa-Vesia^  340),  and  was  without  doubt 
originally  common  to  all  Latin  commimities. 
From  Alba  it  was  believed  to  have  been  brought 
to  Rome;  whether  by  Romulus  or  Numa,  the 
Roman  antiquaries  were  not  agreed  (cf.  Sdiwe^- 
ler,  R6m,  OescK,  i.  544,  note  IX  The  origiiiaK 
number  of  the  Vestals  was  four  (their  names 
are  given  in  Pint.  Numa,  lOX  two  repreecBting 
the  Rhamnes,  two  the  TiUes  (Dionys.  iL  €7,  iiL 
67 ;  Festus,  344  b) ;  to  these  two  were  added  by 
Tarquinius  Priscus  or  Servins  Tnllins,  to 
present  the  third  tribe  of  the  Lnoeres. 

The  true  explanation  of  the  origin  and 
ing  of  this  singular  priesthood  has  been  recently 
placed  beyond  depibt  by  the  researches  of  anthro- 
pologists. The  germ  of  the  cult  of  Vesta  is  to 
be  found  in  the  great  difficulty  experienced  by 
primitive  man  in  obtaining  /rv,  and  in  the  eon- 
sequent  veneration  with  which  he  r^aitled  it 
when  obtained.  Convenience  suggested  that  in 
one  house  in  everr  settlement  a  ^n  shenld 
be  kept  perpetually  burning,  from  whkh  the 
members  of  the  community  could  at  any  tame 
procure  the  flame.  This  house  was  that  of  the 
king  or  chief,  whose  unmarried  daughters  were 
charged  with  the  duty  of  keeping  up  the  ^re ; 
their  brothers  also,  as  '^kindlers"  {famimety, 
had  duties  of  the  same  kind,  perhaps  more 
especially  sacrificiaL  (For  the  oompnntiTe 
evidence  on  which  this  explanation  rests,  see 
especially  J.  G.  Frazer,  in  Journal  of  PhMogy^ 
vol.  xiv..  No.  28,  pp.  145  foil.:  cL  Helbig,  Dm 
ItaMker  in  der  Poebene^  p.  53;  Prttajtedm.) 
From  the  first,  probably,  this  duty  of  the  chiefs 
daughters  was  a  religious  one,  and  the  flame 
was  a  sacred  flame  (Ovid,  FcuL  vi  291 :  ''Nee 
tu  aliud  Vestam  quam  vivam  intellige  flam- 
mam  '*) ;  and  thus,  by  a  process  of  dcvdopment 
which  cannot  be  entered  into  here,  th«  fire 
became  a  deity  whose  nature  and  origin  were 
forgotten  (ib.  yi.  267,  *^  Vesta  eadem  quae 
terra ;  "  Varro  in  August.  Gv,  Dei^  viL  16  and 
23),  and  the  duties  of  Uie  chiefs  daughters  were 
transferred  to  an  organised  priesthood,  xetnining 
throughout  their  history  the  leading  charac- 
teristic of  maidenhood.  What  had  been  matter 
of  mere  utility  becomes  symbolic  of  the  life, 
welfare,  and  unity  of  the  state ;  and  the  sacred 
hearth  continues  to  be  guarded  by  virgins  whose 
purity  of  life  and  antique  simplicity  of  occu- 
pation recalled  their  humble  origin  even  in  the 
latest  ages  of  Roman  history.  (Jordan,  TempH 
der  Ve^  pp.  50  folL,  regards  the  Vestal  as  in 
the  potttion  of  the  state  representative  of  the 
mateffcamliatf  and  not  as  the  davghter  of  the 


VESTALES 

rex  or  pontifez  mAzimm:  an  opinion  which 
U  incompatible  with  the  oomparatiTe  eyidence 
alluded  to  above.) 

The  Vestals  may  be  treated  under  the  heads 
of  (1)  qualification,  (2)  mode  of  appointment, 
(3)  duties,  and  (4)  privileges. 

1.  Qualificaiicn8,^TYit  maiden  who  was  to  be  a 
Vestal  must  not  be  under  six  or  over  ten  years 
of  age  (Labeo  in  Gellins,  i.  12,  1) ;  she  must  be 
perfect  in  all  her  limbs,  and  in  full  enjoyment 
•f  all  her  senses  (Gell.  L  c, ;  Marquardt,  ataatt' 
foerw.  ill.  339) ;  must  be  *'  patrima  et  matrima," 
t.tf.  have  both  parents  living ;  and  these  parents 
must  be,  if  not  patricians  (Mommsen,  JPor- 
Mdiungen^  i.  79^  at  least  free  and  freebom,  per- 
sons who  had  never  been  in  slavery  or  followed 
sny  dishonourable  occupation,  and  who  were  in 
residence  in  Italy  (Labeo  in  Gell.  /.  c).  These 
rules  may  have  been  to  some  extent  relaxed  as 
time  went  on;  we  know,  for  example,  that 
Augustus  allowed  the  daughters  of  liertmi  to 
be  considered  eligible  (Dio  Cass.  Iv.  22).  But 
on  the  whole  great  care  must  have  been  at  all 
iimei  taken  to  maintain  their  reputation  by 
attention  to  these  qualifications;  and  thus  the 
institution  survived  intact,  and  without  loss  of 
dignity,  long  after  the  establishment  of  Chris- 
tianity as  the  state  religion. 

2.  Mode  of  Appomtment.-^A  Lex  Papia,  of 
ancertain  date,  ordained  that  when  a  vacancy 
occurred,  the  pontifex  maximus  should  name  at 
kis  discretion  twenty  damsels  qualified  as  above, 
one  of  whom  was  publicly  (m  ooiUiotif,  i.e.  in 
Comitia  calata  ?)  fixed  on  by  lot,  an  exemption 
being  sranted  in  favour  of  those  who  had  a 
sister  idready  a  Vestal,  whose  father  was  flamen, 
augur,  XVvir,  Vllvir,  Salins,  or  Tubicen  sa- 
crorum ;  the  betrothed  of  a  pontifex  was  also 
excused,  and,  in  the  age  of  the  Empire,  the 
daughter  of  anyone  who  had  the  ''jus  trium 
liberorum."  It  was  possible  also  for  a  parent 
to  offer  his  child  voluntarily  to  the  pontifex 
maximus  to  be  made  a  Vestal ;  in  which  case, 
if  she  were  duly  qualified,  the  senate  might 
grant  absolution  from  the  terms  of  the  Lex 
Papia  (Gell.  i.  12,  10 ;  an  example  of  the  last- 
mentioned  procedure  in  Tac.  Ann.  ii.  86,  where 
two  candidates  are  presented  to  the  senate  for 
•election:  cf.  Dio  Cass.  Iv.  22). 

When  the  girl  was  chosen,  the  ceremonv  of 
"  captio  **  by  the  pontifex  maximus  took  place. 
This  was  simply  an  application  of  the  old  legal 
procedure  of  ''mancipatio  per  aes  et  libram," 
by  which  personal  property,  0.g,  slaves,  passed 
into  the  possession  of  the  buyer.  The  pontifez 
maximus  took  the  girl  by  the  hand  and  addressed 
her  in  a  solemn  form  of  words,  preserved  by 
Oellina  from  Fabius  Pictor:  '**  Sacerdotem  Ves- 
talem  quae  sacra  faciat  quae  ius  siet  Sacer- 
dotem  Vestalem  facere  pro  Populo  Romano 
Quiritibua  uti  quae  optima  lege  fuit  ita  te 
Amata  capio ;  '*  where  the  title  Amata  seems  to 
be  simply  an'  honorary  one,  suggesting  perhaps 
the  gentle  character  of  everything  in  the 
worship  of  Vesta.  By  this  ceremony  the  girl 
passed  out  of  the  potestas  of  her  father,  and 
into  that  of  the  pontifez  maximus,  who  here 
represented  in  one  sense  the  king,  as  father  to 
the  Vestal,  in  another  the  goddess  to  whose 
eervioe  she  was  dedicated.  Thus  she  now 
ontered  a  new  and  sacred  famiUa,  the  centre 
of  which  was  the  hearth  of  Vesta,  the  members 


VESTALES 


941 


the  Vestals  with  the  Flamines  and  Flaminicae, 
and  the  paterfamilias  the  pontifex  maximus. 
She  suffered  by  the  process  no  capitis  deminutio, 
but  on  the  contrary  was  henceforth  qualified  to 
hold  property  independently  and  to  make  a  will 
(Gell.  i.  12,  9 ;  Marquardt,  iii.  314  and  337 ; 
Jordan,  Tempel  der  Testo,  p.  82). 

The  ceremonv  seems  to  have  been  reckoned  as 
legally  equivalent  to  the  inauguratio  of  other 
priesU  (Gains,  i.  130;  Ulpian,  Fragm,  10,  5). 
When  it  was  over,  she  was  conducted  to  the 
Atrium  Vestae ;  her  hair  was  cut  off,  and  hung, 
apparently  as  a  dedicatory  offering,  on  a  branch 
of  the  sacred  lotus-tree  (cf.  Plin.  ff,  N.  xvi. 
§  235;  Tylor,  Primitive  Cuitwre,  ii.  364X  hut 
was  suffered  to  grow  again,  as  the  recently  dis- 
covered statues  of  Vestals  clearlv  prove  (Mid- 
dleton,  Rome  in  1885,  p.  200 ;  Marquardt,  iii. 
338,  note  4,  with  Wissowa's  addition).  She  was 
then  clothed  in  the  white  garments  of  a  Vestal 
(to  be  described  further  on),  and  was  sworn  to 
abide  in  her  ofiice  and  to  maintain  her  virginity 
for  not  less  than  thirty  years  (GeU.  /.  c,  and 
vii.  7,  4).  If  she  chose  then  to  resign  her  office 
— which  seems  rarely  to  have  been  the  case — 
she  became  a  private  individual,  and  was  entitled 
to  marry. 

3.  Duties, — ^These  would  seem  to  have  been 
more  complicated  than  we  might  suppose:  for 
the  Vestal  is  said  to  have  spent  the  first  ten 
years  of  her  service  in  learning  them,  the  next 
ten  years  in  practising  them,  and  the  third 
decade  in  teacning  them  to  novices  (Dionys. 
ii.  67 ;  Pint.  Numa,  10.  Jordan,  op,  cit.  p.  60, 
argues  that  this  division  of  duties  could  not 
have  always  held  good;  but  it  may  be  taken 
as  roughly  representing  what  was  the  natural 
and  regular  course).  The  chief  duty,  however, 
was  the  simple  one  of  tending  the  sacred  fire ; 
which,  as  symbolic  of  the  life  and  religion  of 
the  state,  might  never  be  suffered  to  go  out. 
Its  extinction  was  the  most  fearful  of  all  pro- 
digia.  If  such  extinction  was  the  fault  of  the 
Vestal  on  duty,  she  was  stripped  and  scourged 
by  the  pontifex  maximus  in  the  dark,  with  a 
screen  interposed,  and  he  rekindled  the  fiame 
by  the  friction  of  two  pieces  of  wood  from  a 
/</*»  ar&or  (Dionye.  I  c. ;  Uv.  xxviii.  11 ;  Festus, 
s.  V.  Ignit),  Their  other  daily  duties,  so  far  as  we 
know  them,  were  exactly  such  as  the  daughters 
of  a  primitive  household  might  have  performed. 
They  had  to  bring  fresh  water  on  their  heads 
from  a  sacred  spring,  e.g,  that  of  Egeria ;  and, 
as  the  recent  discovery  of  the  house  of  the 
Vestab  has  shown,  no  water  was  ever  supplied 
them  in  pipes  (Jordan,  op,  dt,  p.  63 ;  and  p.  215 
of  Dissertations  in  honour  of  E.  Curtins).  A 
marble  tank  in  the  peristyle  of  the  house  served 
as  a  receptacle  for  the  water  which  they  brought 
(Middleton,  Some  in  1885,  p,  195;  Jordan  thinks 
that  under  the  Empire  this  service  was  performed 
by  assistants):  when  used  for  sacrificial  pur- 
poseii,  this  was  mixed  with  muriee,  i.e.  salt 
pounded  in  a  mortar,  thrown  into  an  earthen 
jar,  and  .baked  in  an  oven  (Festus,  158  b;  Serv. 
ad  Ed,  viii.  82).  They  also  daily  cleansed  the 
temple  with  a  kind  of  mop,  and  adorned  it  with 
laurel,  which  was  renewed  once  a  year  (Mar- 
quardt, iii.  343  and  reff.).  The  same  homely 
character  of  their  service  is  seen  in  the  antique 
simplicity  of  the  utensils  they  used ;  which  were 
all  of  the  most  ordinary  ware,  made  of  baked 


942 


VESTALES 


YE8TALE8 


clay,  and  without  ornament  (Orid,  Fasti^  ri,  310 ; 
Val.  Max.  iv.  4,  11). 

The  Vestals  also  had  certain  pnhlic  duties  in 
connexion  with  fixed  festivals  of  the  calendar. 
All  of  these,  it  shonld  be  notibed,  belonged  to 
the  oldest  class  of  rites,  and  expressed  the 
religions  ideas  and  interests  of  the  primitive 
Italian  husbandman.  Beginning  the  year  on 
March  1  with  the  renewal  of  the  sacred  fire, 
they  had  a  share  in  the  Fordicidii.  and  Pariua. 
in  April,  and  on  May  1  were  present  at  the 
women's  festival  of  the  Bona  Dea.  From  May 
7  to  14>  they  were  busy  making  their  sacrificial 
cake  (mola  talsa)  from  the  first  ripe  ears  of 
com,  by  pounding  it  after  the  fashion  of  an  age 
when  mills  were  not  invented  (Helbig,  DU 
JtaUker  in  der  Potbene^  17  and  72.  The  mill 
lately  found  in  the  Vestals'  house  could  hardly 
have  been  used  for  the  sacred  cake,  as  Middleton 
^suggests,  op.  dt,  p.  193 :  cf.  J<urdan,  p.  64).  On 
May  15  Uiey  were  present  at  the  primitive 
rite  of  the  J^rgti^  and  their  presence  is  evidence 
for  a  possible  connexion  of  that  ceremony  with 
agricultural  interests.  From  June  7  to  14 
was  their  busiest  time;,  on  the  9th  fell  their 
own  festival  of  the  Vestalia,  and  on  the  Iftth 
the  penua  or  temple-storehouse  of  Vesta,  whioL 
was  open  during  these  days,  was  cleaned  out  and 
the  refuse  careifuUy  removed  to  a'  particular 
apot,*~an  act  probably  symbolic  of  the  prepan- 
tion  of  bams  Und  gamers  for  the  harvest  then 
proceeding.  At  the  true  harvest  festivids  of 
Oonsus  and  Ops  Consiva  in  August  they  were 
also  present,  and  once  again  on  the  Ides  of 
September  at  a  ceremony  possibly  connected 
with  the  vintage.  At  the  end  of  Uie  religious 
year  they  appear  once  more,  providing  mola 
salaa  for  the  Luperoaua,  the  ancient  feast  of 
fructification.  (For  details  and  evidence,  see 
Marquardt,  iii.  343  foil. ;  Preller,  Mm.  Myth. 
ii.  164foIL)  r 

They  had  in  their  keeping  ^he  blood  of  the 
"  October  equus,"  and  the  ashes  of  the  unborn 
calves  sacrificed  at  the  Fotdicidia.  But  of 
greater  importance  war  the  pharge  of  the  sacred 
relics  which  formed  the  fatale  pigmts  imperii^ 
the  pl^fige  granted  by  fate  for  the  permanency 
of  th^  Roman  sway,  deposited  in  the  inmost 
adytum  (peniu  Vestas;  see  Festus,  s.  o.)»  which 
no  one  was  permitted  to  enter  save  the  Virgins 
and  the  chief  pontifex.  What  these  objects  were 
no  one  knew,  and  it  may  -  even  be  doubted 
whether  the  tradition  of  their  existence  was  not 
wholly  without  foundation  (so  Jordan,  op.  cit. 
■6.  67).  Some  supposed  that  they  included  the 
Palladium,  others  the  Samothracian  gods  carried 
by  Dardanus  to  Troy  and  transported  from  thence 
to  Italy  by  Aeneas,  but  all  agreed  in  believing 
that  something  of  awful  sanctity  was  here  pre- 
served, contained,  it  was  said,  in  a  small  earthen 
jar  closely  sealed,  while  another  exactly  similar 
in  form,  but  empty,  stood  by  its  side.  (Dionys. 
i.  69,  ii.  66  ;  Pint.  CatnUl.  20  ;  Lamprid.  Elagab. 
6 ;  Ovid,  Fast  vi.  365 ;  Lucan,  ix.  994.) 

We  have  seen  above  that  supreme  importance 
was  attached  to  the  purity  of  the  Vestals,  and 
a  terrible  punishment  awaited  her  who  violated 
the  vow  of  chastity.  According  to  the  law  of 
Kuma,  she  was  simply  to  be  stoned  to  death 
(Cedrenus,  ffist,  Ccmp,  p.  148,  or  p.  259,  ed. 
Bekker),  but  a  more  cruel  torture  was  devised 
by  Tarquinius  Priscus  (Dionys.  iii.  67 ;  Zonaraa, 


vii.  8)  and  inflicted  from  that  time  forward. 
When  condemned  by  the  college  of  pontifioes, 
she  was  stripped  of  her  vittae  and  other  badges 
of  oflBce,  was  scourged  (Dionys.  ix.  40),  was 
attired  like  a  corpse,  placed  in  a  dose  litter  and 
borne  through  the  fomm  attended  by  her 
weeping  kindred,  with  all  the  oeremoniea  of  a 
real  funeral,  to  a  rising  ground  called  the 
Campw  SoeUratus,  Just  within  the  tity  walls, 
close  to  the  CoUine  gate.  There  a  small  vault 
underground  had  been  previously  prepared,  con- 
taining a  couch,  a  lamp,  and  a  table  with  a 
little  food.  The  pontifex  maximoa,  having 
lifted  up  his  hands  to  heaven  and  uttered  a 
secret  prayer,  opened  the  litter,  led  forth  the 
culprit,  and,  placing  her  on  the  sie|»  d  the 
ladder  which  gave  access  to  the  sabtcmnean 
cell,  delivered  her  over  to  the  oommoa  ezeca* 
tioner  and  his  assistants,  who  conducted  her 
down,  drew  up  the  ladder,  and  itaving  filled  the 
pit  with  earth  until  the  surface  was  level  with 
the  surrounding  ground,  left  her  to  perish 
deprived  of  all  the  tributes  of  respect  usually 
paid  to  the  spirits  of  the  departed.  In  every 
case  the  paramour  was  publidy  acmirged  to 
death  in'the  foram.  (Hut.  Num.  10,  JUl  Max. 
18,  Quaest  Mom.  96 ;  DionysL  iL  67,  iii.  67. 
viii.  89,  ix.  40 ;  Liv.  iv.  44,  viii.  15,  xxiL  57 ; 
Plin.  Ep.  iv.  11;  Suet.  Dam.  8;  Dio  Cass. 
Ixvii.  3,  Ixxvii.  16,  and  fragg.  xd.  xiii.  Pectus, 
s.  V.  Friftrwn  et  Soderatui  Campm^ 

4.  PriffO^gei.  —  But  if  the  labours  of  the 
Vestals  were  unremitting  and  the  roles  of  the 
order  rigidly  and  pitileiasly  enforced,  to  the 
honours  they  enjoyed  were  such  as  in  a  great 
measure  to  compensate  for  their  "privatien. 
They  were  maintained  at  the  public  cost  and 
frdm  sums  of  money  and  land  bequeathed-  from 
time  to  time  to  the  corporation  (Suet.  Antg.  31, 
Tib.  76;  Sicul.  Flacc.  p.  162,  cd.  Lachaana). 
From  the  moment  of  their  consecration,  ar  we 
have  seen,  they  became  aa  it  were  the  property  of 
the  goddess  alone,  and  were  completely  reletwed 
from  all  parental  sway  without  going  through 
the  form  of  emandpatio  or  suffering  any  capitts- 
deminutlo  (Gell.  i.  12,  9).  They  had  a  rigfet  to 
make  a  will,  and  to  give  evidence  in  a  oonrt  of 
justice  without  taking  an  oath  (Gell.  z.  15X'~' 
distinctions  said  to  have  been  first  eoneedcd  br 
an  Horatian  law  to  a  certain  Oda  Tanatia  or 
Fofetia,  and  afterwarda  Oommanicated  to  all 
(Qell.  i.  12 ;  Gaius,  i.  145 ;  compare  Plin.  ff.  N. 
xxxiv.  §  11).  Each  was  preceded  by  a  Hctof, 
like  the  Flaroen  Dialis,  when  she  went  abroad 
(Dio  Cass,  xlvii.  19),  consuls  and  praetors  made 
way  for  her,  ted  loitered  their  foscea  (Senee. 
ControfDers.  vx.  6;  compare  Plut.  7^  (TroodL 
15),  even  the  tribunes  of  the  plebs  respected 
their  holy  character  (Oros.  v.  4 ;  Suet.  Tib.  2  : 
compare  Cic.  pro  Oael.  14,  34 ;  Val.  Mas.  v.  4. 
§  6),  and  if  any  one  passed  under  their  litter  he 
was  put  to  death  (rlut.  Nttm.  10).  Augustas 
granted  to  them  the  jus  trium  Uberormn  (Dio 
Cass.  Ivi.  10 ;  Pint.  /.  c),  and  assigned  them  a 
conspicuous  place  in  the  theatre  (Suet.  ilik7. 
44 ;  Tac  ^na.  iv.  16X  ft  privilege  whldh  ther 
had  enjoyed  before  at  the  glad^torial  shorn-* 
(Cic.  pro  Muren.  35,  73).  Groat  weight  was 
attached  to  their  intercession  on  behalf  of  tho»r 
in  danger  and  difficulty,  of  whidi  wo  hare  a 
remarkable  example  in  the  entreaties  vrhidi 
they  ^uldressed  to  Sulla  on  behalf  of  Julius 


Y^TALES 

Caesar  (Saet.  JW.  I ;  compare  Cio.  pro  Font.  17 ; 
Suet.  ViielL  16;  Dio  Cams,  Ixt.  18;  Tac  Ann. 
iiu  69,  xi.  32,  Hist.  iii.  81),  and  if  they  chanced 
to  meet  a  criminal  as  he  was  led  to  punishment 
they  had  a  right  to  demand  his  release,  provided 
it  could  be  proved  that  the  encounter  was 
accidental.  Their  general  dignity  and  influence 
are  attested  by  the  inscriptions  on  the  pedestals 
of  their  statues,  recently  discovered  in  the 
Atrium  VesUe  (Middleton,  Borne  in  1885,  p.  200 
foIL).  Wills,  even  those  of  the  emperors,  were 
committed  tp  their  charge  (Suet.  Jul,  83,  Aug. 
101  ^  Tac  Ann,  i.  &),  for  when  in  such  keeping 
they  were  considered  inviolable  (Plut.  Anton, 
58) ;  and  very  solemn  treaties,  such  as  that  of 
the  triumvirs  with  Seztus  Pompeius,  were 
placed  in  their  hands  (Appian,  B.-C.  v.  73; 
Dio  Cass,  zlviiir  37  ^nd  46).  Their  own  persons 
were  inviolable  (Plut.  Nunutf  10) ;  and  as  in  so 
many  other  points  in  their  life  they  retained  the 
privileges  of  the  ancient  royal  household,  so 
after  death  they  were  an  exception  to  the  law 
of  the  Twelve  Tables  which  forbade  burial 
within  the  pomerium  (Serv.  ad  Aen,  xi.  206). 
Their  bnrial«place  is  not  as  yet  disoov^red  (Mar- 
quardt,  iii.  309,  341 ;  I^nciani,  Ancient  Rom€y 
p.  142). 

They  were  attired  entirely  in  white  (Suidas, 

1010  B).  Fes- 
tus  in  a  doubt- 
ful passage  (p. 
4,  1)  describes 
their  dress  as 
a  toga^  and  this 
may  have  been 
originally  so, 
and  would  be 
in  keeping  with 
the  antique 
character  of 
the  rest  of 
their  lifi  and 
ritual.  '  But 
the  portrait 
statues  of  Ves- 
tals lately  dis* 
covered,  dating 
from  the  2nd 
century  A.D., 
show  that  in 
that  day  at 
least  they  wore 

Statue  of  Virgo  VesUlls  Maximiu     *  **^^*  ^^  i^*»f 
IVom  the  Atrium  Vestae.    (Jordan.)  gown,  confined 

by  a  girdle  at 
the  waist,  and  usually  sleeveless ;  and  over  this 
a  pallium  or  loose  robe,  as  is  seen  in  the  accom- 
jianyiDg  cuts.  On  their  head  was  an  inftUa,  or 
diadem-like  band  (Serv.  ad  Aen.  x.  538),  from 
which  on  each  side  depended  vittae ;  and  when 
liacrificing  they  wore  also  the  auffibulum,  which 
was  their  especial  characteristic  This  was 
a  white  woollen  hood  with  a  purple  border, 
folded  over  the  head  and  fastened  below  with  a 
brooch  (Jibuid)',  it  is  represented  only  in  the 
statue  of  the  Virgo  Vestalis  Maxima,  of  which 
a  cut  is  given,  and  corresponds  with  the  descrip- 
tion  of  Festus  (p.  349 :  cf.  Varro,  X.  L.  vi.  21). 
The  second  cut,  copied  from  a  gem,  represents 
the  Vesta]  Tuccia,  who  when  wrongfully  accused 
appealed  to  the  goddess  to  vindicate  her  honour, 
and  had  power  given  her  to  carry  a  sieve  full  of 


VESTALE8 


943 


The  Vestal  Tuccia,  from  an 
'ancient  gem. 


water  from  the  'Tiber  to  the  temple — a  con- 
venient legend  for  checking  hasty  accusations 
(Montfaucon,  Ant.  Easp.  i.  pi:  xiv.,  Supplem.  i. 
pL  vi. ;  Val.  Max. 
viii.  1,  35;  PUn. 
H.  N.  xxviii.  §  2). 

Of  the  organisa- 
tion and  interior 
life  of  the  Vestals, 
we  still  know  very 
little.  It  has  been 
mentioned  that 
they  were  supposed 
to  spend  the  first 
ten  years  of  their 
service  in  learning, 
the  second  in  prao- 
tiaing,  and  the 
third  in  teaching, 
their  duties.  Thus 
they  seem  to  have 
risen  gradually  in 
dignity  by  seni- 
ority ;  Kod  the 
oldest,  under  the 
titU  of  Virgo  VesUlis  Maxima,  acted  as  a  kitad 
of  president  or  lady  superior  (Marquardt,  iii. 
340  and  reff.:  cf.  the  inscribed  pedestals  in 
Middleton,  p.  200  ibll.,  especially  Nos.  5  and  6, 
whence  it  appears  that  the  head  of  the  sister- 
hood had  passed  through  *'omnes  gradus  sacer- 
dotii")-  The  Vestalis  Maxima  had  also  the 
title  of  tmtiatea  (C.  /.  X.  vi.  2139,  2143;  cf. 
Liv.  i.  20,  3).  All  were  equally  under  the 
supervision  of  the  pontifex  maximns,  whose 
duty  it  was  to  keep  a  vigilant  eye  on  the  sister- 
hood: cf.  Liv.  iv.  44,  where  a  Vestal  is  de-- 
nounced  to  him  as  guilty  of  a  desire  for  per- 
sonal adornmeat,  and  ordered  to  behave  more 
discreetly  in  future.  They  all  resided  together 
in  a  house  adjoining  the  Begin  and  the  round 
temple  of  Vesta,  at  the  south-eaatem  comer  of 
the  Forum  Romanum,  and  immediately  under 
the  north-western  end  of  the  Palatine  Hill. 
This  house  was  probably  several  times  burnt 
and  rebuilt ;  the  important  remains  of  it  which 
were  excavated  in  1883^,  are  of  Hadrian's 
time.  For  a  detailed  description  of  it,  the 
student  is  referred  to  Middleton's  work  already 
quoted,  ch.  vi. ;  and  for  its  history*and  relation 
to  the  Regia  and  the>  Aedes  Vestae,  see  also 
Jordan,  Jtiftn.  Topogntphigf  i.  pt.  2,  pp.  298  foil., 
423  foil. ;  and  the  same  author's  Tempel  der 
Vesta,  passim. 

The  ample  size  and  accommodation  of  the 
house  seem  to  show  that  after  the  1st  century 
A.D.  the  Vestals  were  no  longer  content  wiUi 
their  former  simplicity  of  life ;  it  may  perhaps 
have  been  necessary  to  their  reputation  and 
dignity  in  a  luxurious  aee,  that  they  should  live 
in  comfort  if  not  in  splendour.  It  was  partly 
rebuilt  after  the  great  fire  of  191  A.D.,  and  con- 
tinued to  be  occupied  by  the  Vestals  for  two  cen- 
turies after  that  date,  in  spite  of  the  public  re- 
cognition of  Christianity  (^nn^Tf  Hestia-Vesta, 
p.  442  and  notes).  The  inscriptions  show  that 
the  sisterhood  continued  to  maintain  its  prestige 
and  to  discharge  its  duties  until  towiods  the 
end  of  this  period ;  but  in  the  latter  half  of  the 
4th  century  some  members  seem  to  have  be- 
come Christians,  and  it  is  possibly  for  this 
reason  (as  Middleton  suggests,  op.  oit.  p^  206 : 


944 


VE8TIBULUM 


TESTIS 


but  cf.  Lanciani,  p.  171)  that  in  the  latest  ia- 
scription  in  date  the  name  of  the  Vestal  has 
been  erased.  This  was  in  a.d.  364;  in  a.d. 
394^  after  the  defeat  4>f  Eugenius  by  Theodosius, 
and  the  entry  of  the  latter  into  Rome,  the 
Vestals  were  (Uspersed  and  their  order  abolished. 
(See  Zosimns,  v.  38 ;  and  the  story  there  related 
of  the  last  of  the  Vestals.)  But  the  modem 
Italian  nunnery,  with  its  organisation  and  tows, 
still  recalls  the  Atrium  Vestae  and  the  life 
of  the  Vestals,  which  thus  form  a  connecting 
link  between  the  most  primitire  cirilisation 
of  Italy  and  the  ideas  and  practice  of  modern 
ChristUnity.  [W.  R.]    [W.  W.  F.] 

VESTrBULUM.  [Domus,  Vol.  L  p.  668 ; 
Jakua.] 

VE'STICEPS.    [Imposes.] 

TESTIS.  The  history  of  Greek  and  Roman 
dress  has  been  only  told  in  part  by  the  articles 
which  describe  yarious  garments  and  ornaments 
under  their  seyeral  names.  In  them  the  changes 
which  new  modes  of  life,  new  channels  of  trade, 
and  new  manufiictures  brought  about  are  only 
touched  on  incidentally.  The  object  of  the 
present  article  is  to  supply  the  connecting  link, 
and  to  give  a  chronological  sketch  of  the  develop- 
ment of  the  costume  of  the  latest  periods  that 
concern  us.  Unfortunately  it  can  only  be  a 
sketch,  for  the  ground  is  for  the  most  part  new, 
there  being  no  authoritative  treatises  on  the 
subject.  This  is  due  to  the  foot  that  the  evi- 
dence U  chiefly  to  be  drawn  from  the  monu- 
ments, and  that  they  have  not  yet  been  ade- 
quately studied.  Until  they  are  known  with 
scientiuc  thoroughness,  and  until  this  know- 
ledge has  been  brought  to  bear  on  the  evidence 
from  literature,  the  details  of  the  history  of 
Greek  and  Roman  dress  cannot  be  filled  in. 

The  earliest  pre-historic  remains  in  Greece 
and  at  Hissarlik  go  back  to  the  Stone  age,  when 
metals  were  unknown,  and  the  potter's  wheel 
had  not  yet  come  into  use.  Yet,  even  among 
these,  spindle- whorls  and  what  maybe  regarded 
as  loom-weights  are  found,  showing  that  thread 
was  manufactured  then.  Whether  this  thread 
was  of  flax  as  well  as  wool  has  been  debated, 
but  the  combined  evidence  of  philology  and 
archaeology  shows  that  it  was  not  only  known, 
but  woven  into  stuffs  (cf.  Schrader,  Sprachver^ 
gUichuna  und  Urgeachicfite,  p.  361  foil. ;  Stud- 
tiiczka,  BeitrSge  zw  0,  <L  aitgr.  Ihuhtj  p.  45 ; 
Taylor,  The  Origin  of  the  Aryans,  pp.  165,  171 ; 
Fusus). 

Besides  these  woven  garments,  the  people  of 
these  early  times  must  have  possessed  plaited 
mats  of  reeds  and  rushes,  much  like  those  of  the 
fisher^folk  of  classical  times  (cf.  ^p^or,  Theocr. 
xzi.  13 ;  cf.  Paus.  z.  29,  8),  and  of  some  ancho- 
rites of  the  Christian  era.  That  such  mats 
were  skilfully  woven  with  all  manner  of  pat- 
terns, a  glance  at  early  pottery,  with  its  plait 
ornamentation,  is  sufficient  to  show.  These 
woven  and  plaited  stuffs  were  worn  with  fleeces 
and  dressed  skins  [PelusI  or  in  some  parts 
with  hats  and  coaU  of  felt  [Pilleus]. 

The  civilisation  of  the  so-called  Mycenaean 
period  brought  with  it  many  changes  in  dress, 
but  these  have  been  sufficiently  described  in  the 
articles  which  treat  of  garments  mentioned  by 
Homer  [Palla;  Pallium;  Tuhica].  One 
point,  however,  deserves  special  mention,  the 
connexion  that  existed  between  the  people  who 


enjoyed  this  civilisation  and  the  East.  Both 
Egyptian  and  Assyrian  works  of  art  are  found 
side  by  side  with  those  of  Mycenae,  and  there 
can  be  no  doubt  that  the  commerce  between 
them,  if  not  direct,  was  at  any  rate  a  regular 
one  (cf.  Furtw'&ngler  und  Loeschcke,  Mykenische 
Vasen).  Such  a  trade  must  have  brought  many 
products  of  the  Eastern  looms  to  Greece,  as  veil 
as  much  costly  jewellery  and  furniture.  The 
opening  of  historical  times  in  the  eighth  and 
seventh  centuries  shows  the  Oriental  influence 
still  strong,  but  chiefly  exercised  through  the 
colonists  in  Ionia.  It  was  from  the  Lydians  (cf. 
Ai;9(Mra0c7f  riy^f,  Anacr.  /r.  155X  and  after- 
wards the  Persians,  that  these  Ionian!  borrowed 
their  luxurious  ways.  Thi^  new  k^pwri^  spread 
from  AeoHa  and  Ionia  to  Magna  Graecia,  Sicily 
no  less  than  to  Thessaly  and  Corinth,  and  flou- 
rished more  especially  at  the  courts  of  the  tyrants 
of  this  period.  The  result  on  dress  is  to  b<^ 
traced  in  the  number  of  foreign  garments,  whose 
names  are  to  be  found  in  the  Lyric  poets.  Thus 
fidtnrapa  (cf.  Daremberg  et  Saglio,  Diet.  L  p.  ^81 ) 
and  K^wairiris  (cf.  Studniczka,  he.  cit.  p.  21, 
note  62;  Babsara)  were  both  borrowed  from 
Lydia,  and  were  names  of  long  linen  garments, 
while  trdpawis  is  Median.  Linen  also  came  from 
Egypt ;  and  the  ^46<roi«r,  ^lurO^tmf^  KoXiifipts, 
and  trip^ifp  are  words  derived  from  this  source 
(cf.  Muller,  Bdndbtich,  p.  412 ;  Daremberg  et 
Saglio,  ioc.  cit.  ii.  p.  756 ;  Studniczka,  loc  cU. 
pp.  47,  51).  Besides  these  linen  stuffii  were 
dyed  woollen  fabrics,  especially  those  of  Tyrian 
purple  (TayaXovp7^^<(p«a,Xenophan./r.;  oAtfuf- 
yti^s,  Athen.  xii.  16)  and  saffron,  the  latter 
owing  part  at  least  of  its  vogue  to  its  use  in 
Dionysiac  ritual. 

The  luxury  of  this  time  was,  in  Greece  proper 
at  any  rate,  chiefly  confined  to  the  courts  of 
tyrants ;  and  when  their  regime  passed  away,  a 
reaction  towards  simplicity  set  in,  which  Thucy- 
dides  describes  (cf.  art.  Paluux).  The  chief 
reform  effected  was,  somewhat  like  the  Jaeger 
movement  of  our  dajrs,  a  return  to  the  use  of 
wool  in  the  place  of  linen,  and  a  reduction  in 
the  number  of  garments  worn.  However,  this 
must  in  most  cases  have  been  a  counsel  of  per- 
fection, for  the  variety  of  clothing  shown  by 
fifth-century  art  would  scarcely  lead  one  to 
suspect  that  much  greater  simplicity  actually 
prevailed.  This  period  of  what  may  be  called 
classical  Greek  dress  ends  with  the  fonndaUon 
of  Alexander's  empire.  The  new  and  close 
contact  with  the  East  that  was  then  eatabliaked 
not  only  brought  many  new  stuffs,  such  as 
cotton,  but  shifted  the  centre  of  fashioa  away 
from  Greece  to  the  new  capitals  of  the  Hellenis- 
tic world.  All  manner  of  fine  muslins  (c^r^i 
<rirB^i^i,  Nearch.  Peripi,  Mar.  Er.  14,  6;  cf. 
Theophr.  H.  P.  iv.  4,  8)  and  other  oottoa  pro- 
ducts (tcA^wwrosi  cf.  Muller,  eyp.  cit.  p.  436; 
Haverfield,  JowhmI  of  Phihiogy,  xiii.  29»>302 ; 
Daremberg  et  Saglio,  s.  v.  caHiasut;  Schnder, 
Ling.  hitt.  Forach.  pp.  210,  21 1^  and  even  silks, 
'^''^'tJIM^  Imi^T^  [SBRTfTflMJ     .  ^    > 

.n  sketching  the  history  of  RoSlliHtFess,  It 
would  be  useless  to  begin  with  pre-historic 
antiquities,  as  we  did  in  the  case  of  Greek  dress^ 
Such  an  inquiry  would,  it  is  true,  give  a  glimpae 
of  the  mode  of  life  led  by  the  common  ancestors 
of  the  Umbrians,  Romans,  and  other  Italians  in 
the  Stone  age ;  but  it  would  throw  no  speciai 


TESTIS 


TESTIS 


945 


light  on  Roman  civilisation.  So  great  in  fact  is 
the  gap  between  these  primitive  times  and  the 
Kome  of  history  that  the  traditions  of  the  kings 
give  the  earliest  starting-point.  These  tradi- 
tions all  go  to  show  that  the  influence  of  £traria 
on  dress,  if  not  on  the  manners  and  customs, 
was  great.  The  form  this  influence  toolc  was 
recognised  in  classical  times  by  archaeologists, 
like  Florus,  who  tells  us  that  the  insignia  of 
power  were  borrowed  from  Etmria  (i.  5,  6: 
/nefe  fascesy  trabeae,  curules,  anuli,  phalerae, 
\/^paiudamenUij  praeUxta^  inde  quod  aureo  curru 
quaUuor  equis  triumphatur,  iogae  pictae,  ttmi- 
caeque  palmcUaet  omnia  denique  decora  et  insignia 
quibus  imperii  digmtas  eminet). 

The  civilisation  of  the  Etruscans  was  much 
older  than  that  of  the  Romans ;  their  commerce 
was  extensive,  their  manufacturing  skill  famous 
throughout  the  world,  and  their  wealth  and 
luxury  very  great,  to  judge  by  the  remains  that 
have  been  found  in  their  graves.  Even  apart 
from  the  fact  that  the  last  dynasty  that  reigned 
at  Rome,  that  of  the  Tarquins,  was  Etruscan, 
their  debt  to  Etruria  could  not  be  anything  else 
than  great.  Yet  it  would  be  wrong  to  suppose 
that  the  Romans  imported  more  than  they 
needed  for  ceremonial  display.  As  in  all 
primitive  communities,  the  women  of  the 
family  and  their  maids  were  mostly  busied  in 
spinning  and  weaving  wool. 

The  primitive  stage,  however,  in  which 
garments  are  worn,  as  they  come  direct  from 
the  loom,  had  long  since  passed  at  Rome,  even 
in  the  days  of  Numa.  In  his  time,  if  we  can 
believe  a  tradition,  the  fullers  [Fullonbs] 
and  dyers  (infeciores)  had  already  attained  the 
status  of  forming  guilds  (cf.  Pint.  Numa,  17). 
They  were  only  concerned  with  the  dressing  of 
cloth  and  preparing  it  for  wear,  so  that  there 
must  have  been  considerable  variety  in  clothes, 
both  as  regards  colour  and  finish,  even  in  those 
early  times.  Nor  -were  these  the  only  crafts 
concerned  with  dress,  for  the  goldsmiths  (fabri 
tiurctrii)  also,  one  of  the  original  nine  guilds, 
were  in  part  at  any  rate  employed  in  the  manu- 
facture of  jewellery.  Besides,  the  felters  (0000 
tiliarii),  also  a  very  old  craft,  must  have  existed 
at  this  date,  and  provided  coats  and  blankets, 
not  to  speak  of  hats  [Pilleus]. 

The  garments  produced  by  these  natire 
industries  were  for  the  most  part  of  wool,  for 
the  use  of  linen  did  not  become  common  at  Rome 
till  late  in  the  history  of  the  Republic.  The 
form  they  took  can,  to  a  certain  extent,  be 
recovered  from  tradition,  and  from  their  survival 
in  certain  ceremonial  uses.  From  these  we 
learn  that  originally  both  men  and  women  wore 
a  cloak  of  wool,  the  Toga,  and  that  below  it 
^  the  men  had  a  tightly-girt  loin-cloth,  the 
SUBLIOACULUM.  The  first  change  was  the 
juloption  by  both  sexes  of  a  woollen  shirt  or 
shifi,  the  T1TKICA,  which  from  that  time  became 
]  ^>the  chief  under-garment.  Early  forms  of  these 
garments  were  used  in  historic  times;  the 
I  trabea  [Too  A,  p.  849  6]  for  instance,  a  narrow 
toga,  was  the  uniform  of  the  Equites  publico  equo 
and  the  vestment  of  certain  priests.  In  the 
aame  way  the  tunica  recta  was  worn  by  the  bride 
on  the  wedding-day  [Matrimoniuii,  p.  1426; 
Tela,  p.  769  aj.  She  also  wore  the  Rxcinium, 
which  was  retained  by  certain  priesthoods. 
Besides  the  toga,  other  forms  of  cloak  seem  to 
vou  11. 


have  been  worn  in  sacred  rites,  such  as  the 
Labna,  which  was  the  vestment  of  the  flamens 
and  augurs,  and  the  palla,  the  dress  of  the 
;7amifuca  [Flamen  ;  Sacerdos].  Of  the  various 
coverings  for  the  head,  those  of  felt  were  far 
the  oldest  at  Rome ;  the  pUUus  and  qalerus  of 
men,  the  tutuiua  of  women,  being  of  this  material 
[Pilleus], 

Towards  the  end  of  the  third  century  B.C.  the 
conquest  of  Magna  Graecia  had  begun  to  take 
effect  on  the  Romans.    In  no  respect  was  the 
change   more  evident  than  in  that  of  dress, 
where  it  is  shown  by  the  large  number  of  words 
for  new  garments  and  new  fabrics  derived  from 
the  Greek,  in  the  Latin  of  that  period.     For 
instance,  it  was  then  that  friezes  (amphimalium 
or  amphimalluay,  linen  (oar6astis),  and  muslin 
(jmolochind)  first   became  known.    Embroidery 
(yeetis  plumatilis)  and  the  use  of  trimmings  (e.g. 
patagium),  flounces,  and  other  adornments  be- 
came more  common.    It  was  now  the  fashion 
to  wear  more  than  one  under-garment  (tunica), 
and  sleeves  were  no  longer  unusual.    Women 
especially  fell  victims  to  Greek  fashion,  givine 
the    name    Stola  (aroXii)  to  their  principal 
garment,  and  wearing  the  Stbopbiuii  below  it, 
and    wrapping     the   parapechium    {'npdxrixVf 
Varro,  L.  L,  v.  30,  133)  over  it.    The  men  too, 
though  thev  still  retained   the  old  dress  for 
ceremonial  purposes  (see  article  Tooa),  adopted 
the  Greek  Ifidrtow,  giving  it  the  name  Palliuh, 
the    i^tffds   and  rpi0ifp  under  the  name   of 
Abolla,  and   the  x^^M^'  ^^^  ^^  name  un- 
changed.   This  adoption  of  Greek  fashions  went 
on   erer    increasing   until   the  period  of   the 
Empire,  when,  except  for  the  most  ceremonial 
purposes,    the    old   Roman   dress  had   finally 
disappeared.     Under  the  Empire,  however,  the 
Greek,  or  rather  Hellenistic  fashions,  changed 
rapidly.  The  increase  of  the  means  of  communi- 
cation, and  the  constant  influx  of  provincials 
and  foreigners  to  Rome,  brought  a  great  number 
of  new   fabrics,  such   as   fine  linens,  muslins 
(sindon),  soft  stuffs  (Uporimun),  and  silks  [Seri- 
cum].    The  prevalence  of  peace  and  the  great 
growth  of  wealth  created  a  constant  demand 
for  luxurious  garments  of  cloth  of  gold  and  rich 
embroidery.    Of  such  a  kind  was  the  paragavda 
(in  Greek  writers  TopoT^iys),  a  sleeved  tunic 
of  Syrian  origin,  which  was  of  the  finest  wool, 
with  a  purple  border  and  embroidered  with  silk 
ornaments.      It  was  worn  by  women,  but  for 
men  was  one  of  the  insignia  of  office  (cf.  Ed. 
Diocl.  xvi.  15;  Trebell.  Poll.  Claud.  17;  Vopisc. 
Aur,  46 ;  Lyd.  de  Mag,  i.  17,  ii.  4,  13).    Even 
in  ordinary  use  the  sleeved  Tunica  or  Stola 
had  been  supplanted  by  the  Dalkatica,  which 
from  the  time  of  Commodns  (Lampr.  Commod, 
8,  8,  "  Dalmaticatus  in  publico  processit ;"  cf. 
Lampr.  Heliog,  26,  2)  was  worn  by  both  men 
and  women.    A  companion  tunica,  but  without 
sleeves,  was  called  the  coMnwn  [Daulatica]. 
Other  new  garments  came  from  Gaul,  such  as 
the  Caracalla  and  the  hardocucullusj  or  Urrus 
[BiRRUB ;  CucuLLUS].  Even  trousers  [Bracae] 
(Ed.  Diocl.  vi.  46)   and   breeches    (poxaie^  Ed. 
Diocl.  i.  13)  were  worn  at  this  period. 

The  chief  literarv  source  of  our  knowledge  of 
Greek  dress  is  Pollux,  who  in  the  fourth  and 
seventh  books  of  his  Onomastioon  gives  long 
lists  of  garments,  with  short  descriptions  of 
their  shape  and  make.     Almost  equally  im- 

3  P 


946 


VESTIS 


poTtanty  though  onlv  deicrihing  women's  gar- 
ments, are  the  inventories  of  the  temples  of 
Artemis  at  Braoron  (C  /.  A.  iL  715-765)  and 
of  Hera  at  Samos  (Curtins,  Inschriften  und 
Studien  zw  QeachichU  von  Samoa,  pp.  10-21), 
and  the  inventory  from  Thehes  {Butt.  Corr,  hell, 
T.  264).  Of  these  the  inscription  from  Brauron 
belongs  to  the  beginning  of  the  second  half  of 
the  fourth  century  B.c.  The  passages  in  Greek 
writers  which  mention  dress  are  too  numerous 
and  varied  to  call  for  comment  in  an  article  like 
the  present;  it  is  necessary,  however,  to  point 
out  that  great  caution  must  be  used  in  inter- 
preting such  incidental  descriptions  or  allusions. 
In  a  drama,  for  instance,  the  garments  worn  are 
those  of  the  stage,  which  difiered  in  every  way 
from  those  of  e very-day  life.  The  characters 
wearing  them  appeared  for  the  most  part  in  the 
antique  magnificence  of  the  Heroic  age,  not  in 
the  clothes  of  common  folk.  It  is  in  fact  only 
in  comedies  that  we  can  expect  to  find  ordinary 
apparel  worn  and  spoken  of,  though  even  there 
the  comic  characters  had  extravagant  and  im- 
possible costumes.  For  the  costume  of  the 
stage,  see  Albert  Muller,  Lehrbuch  der  griech' 
iachen  BUhnenaltffrthumer,  pp.  226  foil. ;  Iwan 
Miiller's  Handbuch,  vol.  v.  3  (by  Oehmichen), 
pp.  254-262. 

The  monumental  evidence  is  that  from  which 
we  must  expect  any  further  extension  of  our 
knowledge,  but  it  is  of  enormous  bulk,  and  has 
not  yet  been  worked  up  as  a  whole.  BOhlau, 
however,  in  his  de  re  VesHariaj  and  Studniczka 
in  the  Beitrage  zur  Oesck,  d.  altgr.  Dracht,  have 
shown  with  regard  to  the  early  history  of  dress 
what  results  scientific  archaeology  applied  to 
the  subject  can  produce.  The  chief  difficulty  in 
determining  the  yalue  of  monumental  evidence 
is  that  of  estimating  the  effect  of  artistic  con- 
vention. Thus,  for  instance,  there  are  a  vast 
number  of  statues  which  are  nude,  because 
there  was  an  artistic  tradition  that  heroes  were 
so  represented.  So,  too,  there  are  large  classes 
of  monuments  in  which  dress  is  only  given  the 
figures  as  a  kind  of  ornament,  to  fill  up  the 
background,  or  to  suggest  movement.  As  yet, 
however,  no  one  has  ^rmulated  these  conven- 
tions, nor  shown  how  their  influence  can  be 
eliminated.  The  chief  obstacle  is  the  rapid 
increase  of  our  knowledge,  new  discoveries 
bringing  unsuspected  rariations  and  unknown 
specimens  to  light  before  the  old  have  been 
satisfactorily  systematised  and  described. 

In  current  literature  the  only  account  of 
Greek  dress  besides  that  of  Studniczka,  which  is 
based  on  the  idea  of  historical  development,  is 
to  be  found  in  Iwan  Miiller's  ffcmdbuoh,  in  the 
flection  devoted  to  FrwatatterthSmer^  pp.  395- 
441  a.  A  summary  account  on  the  same  lines 
is  given  by  Von  Heyden  in  his  Tracht  der  Kul- 
turvotker  Europas  (Leipzig,  1889>  Besides,  the 
older  works  of  Weiss  {Kostilmkundef  1872)  and 
K5hler  (lyachten  der  Vdtker,  Dresden,  1872) 
contain  much  that  is  useful.  The  two  £nglish 
works — ^Hope's  Costume  of  the  Andenis  (1841 ; 
2nd  ed.  1875),  and  Moyr-Smith's  Ancient  Greek 
Female  Costume  (1882)--contain  many  illustra- 
tions, but  are  otherwise  of  little  value.  The 
same  may  be  said  of  Racinet's  work  in  French. 
Among  the  standard  handbooks,  the  literature  of 
the  subject  is  best  given  in  Hermann's  Lehrbuchf 
vol.  iv.  Die  griechiachen  Frivatatterthibner  (ed. 


YIAK 

Blumner,  1882X  and  Becker's  CKariUes  (ed. 
Gall).  Guhl  and  Koner's  Leben  der  Griechen  und 
Bthner  (1882;  £ng.  edition  by  Huefier),  and 
Blumner's  Leien  und  Sitten  der  Qrieoken^  es- 
pecially the  latter,  give  good  illuatnti^His  from 
the  original  monuments.  The  articles  in  Bau- 
meister's  Denkmater  (1884,  &c.),  Daremberg  et 
Saglio's  Dictionnaire  des  Antiquites,  and  Bich'« 
Companion  to  the  Greek  and  Latin  Dictionary 
are  also  useful  in  giving  monumental  evidence. 
A  useful  account  of  how  Greek  dresses  were 
made  and  worn,  with  experiments  on  models  by 
Conze,  is  given  in  Teirich's  Blatter  fur  Kunst- 
gewerbe,  vol.  iv.  1875,  pp.  61,  74  (Vienna). 

For  Roman  dress  Varro,  who  describes  and 
discusses  the  derivation  of  the  names  of  garments 
in  the  fifth  book  of  his  de  Lingua  Latina  (pre- 
served to  us  by  Nonius),  is  the  chief  authority. 
On  the  subject  of  dress  under  the  Empire  the 
fragments  of  the  edict  of  Diocletian,  fixing  the 
customs  due  on  articles  of  dress,  are  of  great 
interest,  as  giving  a  full  list  of  the  gaiment« 
then  in  use.  Of  the  work  of  the  older  scholars, 
the  treatises  collected  in  Graevius's  Theeavnu 
give  all  that  is  best.  Needless  to  say,  they  are 
antiquated,  but  in  the  treatises  of  Ferrarius  and 
Rubenius  much  that  is  of  value  may  still  be 
found.  In  modem  literature  the  histories  ot 
Weiss,  Kohler,  and  Von  Heyden,  and  the  dic- 
tionaries mentioned  above,  may  be  ooi»iilt«<l. 
Of  the  handbooks,  Marquardt's  Das  Pricatteb'  -. 
der  Bdmer  (2nd  edit.  1886)  and  Becker's  Galit^ 
(ed.  GOU)  give  the  literature  with  great  fiilne&>. 
Guhl  and  Koner  and  Iwan  Miiller's  ffandbuckj 
vol.  iv.  2  (by  Voigt),  are  also  usefoL 

A  detailed  account  of  the  various  articles  of 
Greek  and  Roman  dress,  their  forms  and  their 
uses,  will  be  found  under  their  special  names  in 
this  Dictionary.  fW.  C  F.  A.] 

VEXELLA'Bn.  [Eteecitus,  Vol.  I.  p.  792.] 

VEXILLUM.      [SlONA  MlLTTARIA.] 

VIAE.  In  legal  Latin  the  word  via  aignine< 
(1)  a  rural  servitude,  (2)  a  regularly  made  »tre«t 
or  road.  In  the  first  sense  it  is  dUtinguiahable 
fh}m  the  servitudes  of  iter  and  actus.  Iter  a 
the  right  of  walking  or  passing  along  a  road ; 
actus  is  the  right  of  walking  or  passing  and 
driving  cattle  or  vehicles  (exclusive  of  heavy 
traffic)  along  a  road.  Via  includes  both  iter  and 
actus,  and  is  the  right  of  walking  or  passing 
and  driving  cattle,  vehicles,  or  trafiic  of  any 
description  along  a  via  properly  so  called,  t>.  a 
regularly  made  street  or  road  (Ulpian,  Dig.  8,  3, 
1,  7  ;  and  cf.  Isidor.  Orig,  xv.  16;  Sebtitctes), 
By  the  laws  of  the  Twelve  Tables  (Dig.  5», 
3,  8)  the  minimum  width  of  a  v«a  was  fixod  at 
8  feet  where  it  was  straight,  and  16  feet  where 
it  turned.  Hence  via  differs  in  this  aesse  *h^ 
from  actus  and  iter,  which  denoted  amaller  or 
rougher  roads,  bridle-paths,  drifts,  and  tracks. 
As  regards  the  actual  width  of  the  different 
classes  of  roads,  see  Burn,  Rome  and  tke  ui-r.- 
pagna,  Introd.  p.  liii.  note  2 ;  MiddletoQy  AnLi-.U 
Borne  in  1888,  p.  478. 

UlpUn  (Dig.  43,  8,  21,  22,  23)  distinguished 
three  kinds  of  viae : — 1.  Viae  publicete,  ooiwW^zr:^ 
praetoriae  or  militctres:  public  high  or  mai:i 
roads,  constructed  and  maintained  at  the  potii 
expense,  and  with  their  soil  vested  in  the  state. 
Such  roads  led  either  to  the  sea,  or  to  m  to«rr, 
or  to  a  public  river  (t>.  one  with  a  coasun: 
flowX  or  to  another  public  road  (Dig.  43,  7,  .'. 


TUE 

Sicnln*  Ftuciu,  who  Und  andci  Trajan  (&.l>. 
98-117),  calU  tham  cue  publiBoe  rtgalttqtu,  and 
dafribtt  tbtir  chirtcterittici  lU  follnwi  (di 
Cond.  Agr.  p.  9,  ed.  Goe»iiu,  197*)  :-(l)  They 
■re  placed  under  curalorta  (commituoDcn),  and 
lepaind  by  Ttdempl<ireJ  (contnetora)  at  the 
public  BipenH',  a  Ried  cuntribation,  kowerer, 
bting  lericd  from  tbi  neighbonring  laDdowusn  : 
(2)  th<f  bear  tha  aamei  of  tbrir  conitracton 
(t.g.  Via  Appia,  Caiiia,  Flaminia).  With  tbi 
term  tiiae  rcgaltt  compare  tb*  Uol  SunA^iai  of 
tha  Penian  kiagi  (wbo  probiblf  organited  tbe 
Ant  tjtUm  cf  public  roadi :  hk  Herod,  r.  53, 
53),  the  term  itit  fiaaiXuci,  in  Nnmben  (LXX  ) 
a.  17,  aad  Platarch,  Demttr.  te,  and  ou     own 


YIAE 


947 


ilnau,  and  the  A.-S.  Mert-itratt,  So  Gueit 
iOrigiiui  Cdtioat,  ii.  32S)  identilie*  tha  Ickn  eld 
Way  a*  the  lom-hildt-uitg,  or  W»r-wij  of  the 

2.  Viat  priaitae,  ntticae,  or  agrariat  pr  rate 
or  country  roadi,  origiiully  conitracted  bj 
private  panoaa,  ia  whom  their  hII  wai  veated 
and  who  had  the  power  of  dedicating  tbem  to 
the  public  me.  Such  roada  were  lubjcct  to  a 
right  of  way,  in  faTODT  either  of  the  pnbl  c  or 
ef  the  owner  of  a  particular  eatate.     Under  the 

'     '     '  le  priaitat  were  alio  included  — -'- 
'  "    public  or  high  roada  t 
aettlementa.       Th»e 
codaiden  U  be  public  roada  tbemaelTi 
43,  B,  23). 

3.  Viat  ricinaUt!  Tillage,  district,  o 
roods,  leading  through  or  towards  a  i 
Tillage.  Such  roada  ran  either  into  a  hi^ 
or  Into  other  liae  vidnalei,  without  any  direct 
<»]mmunlcatioii  with  a  high-road.  They  ware 
canudered  public  or  priTate,  according  to  the 
fact  of  their  original  conitmctiou  out  of  public 
or  priTata  fnuda  or  materials  (Dig.  43,  S,  22). 
Such  a  road,  though  priratelj  conitmcted, 
fcecame  a  public  road  when  the  memory  of  it> 
prlrate  conatmcton  had  perished  (Dig,  43,  7,  "' 

Sicnlui  FlaccUB  (/.  c.)  describes  viae  nnii 
as  roada  "  da  pnblicii  quae  dlverluut  in  agroi  et 
saepe  ad  altaraa  publicaa  perreaionl  "  " 
repairing  anthorities,  in  thia  caae,  i 
magittri  pi^onm  or  magUtrates  or  the  pagia  or 
-canton.  They  could  require  tha  neighbouring 
landowDeiB  either  to  foralsh  labourers  for  the 
general  repair  of  tha  viat  eieinalei,  or  to  keep  in 
repair,  at  their  own  eipanae,  a  certain  length  of 
road  passing  through  their  reapactire  propertiea. 
_  An  attempt  will  be  made  In  this  article  to 
state  the  main  facta  concerning  the  nos  puft- 
lioae  of  the  Romau  Empire  under  the  ht  ' 
I.  History;  II.  Materials  and  Methods  of  Uon- 
straction.  Riral  theories  and  minute  polnta  of 
iaformation  must  he  sought  for  in  the  list  of 
anthorities  given  below,  under  tha  head  of  III. 
Literature.  It  compriaes  the  principal  works 
dealing  with  tbe  history,  construction,  and  topo- 
graphy of  tha  Roman  roada,  in  four  diviaiona, 
thus:  1.  Oeneral  Information;  2.  Viat  Piibticat 
Id  Rome  and  Italy(within  the  Eleren  Regions  of 
AngDstDa);3.  Kuu!  PMtfKW  in  Britain;  i.  Viat 
J'uSlicat  in  the  other  provinces  of  the  Empire. 


Tha  pablic  road-aystem  of  the  Romans  was 
tboronghly  military  la  It*  alms  and  spirit :  It 


wo  designed  to  unite  and  CDOaolidate  the  con- 
quest* of  the  Roman  people,  whether  within  or 
'ithout  the  limits  of  luly  proper.  Dr.  Guest, 
1  commenting  on  the  Itinerary  of  Antoninus 
(flrigine$  CcUioat,  ii.  102),  describes  tbe  system 
aa  follows  :  "  With  the  eieeption  of  aome  ooU 
lying  portions,  each  as  Britain  north  of  the 
Wall,  Uacla,  and  certain  proTince*  east  of  the 
Euphrates,  the  whole  Empire  wai  penetrated  by 
these  item.  There  la  hardly  a  district  which  we 
ight  expect  a  Roman  official  to  be  sent  to,  on 

find  them.  They  reach  the  Wall  in  Britain  ;  run 
along  the  Rh  ne  the  Dannbs  and  the  Euphrates 
and  coier  as  w  th  ■  network  the  mtenor  pro- 
nnces  of  the  Emp  re  See  also  UarqunrdC, 
StaodwnmJftDiff  559  The  follow  ng  Una 
Irat  on  r  presents  part  of  a  magnificent  Roman 


Pan  oCa  Bomin  road  In  LUKUb 


road  which  is  atlll  to  be  aeen  on  a  hill-sidc  at 
Blackstone  Edge,  in  Lancashire. 

A  similar  policy,  attended  by  similar  success, 
hai  been  repeatedly  followed  in  more  modern 
days.  Wa  need  only  refer  to  the  roads  made  by 
Oeneral  Wade  and  Captain  Burt  in  the  Scottish 
Highlands,  afUr  the  Jacobite  rising  of  1715  (see 
Burton,  iTutory  of  BaoOaad,  1889-IT4S,  ii.  246- 
256,  and  Bart,  Lrttert,  ed.  Jamieaon,  ISIB);  to 
the  Simplon,  Cornice,  and  other  military  road* 
of  Napoleon  I. ;  and  finally  to  tbe  rOMl-systama 
of  our  militaiT  enginaen  and  Public  Work* 
Department  In  India. 

It  ia  eridant  that  the  couitmcUon  of  some 
Tiaible  presentment  of  thia  huge  network  of 
commonicaliona  would  soon  become  a  practical 
tha  authorities  saema 


t  the 


n  the  ti 


Augustas,  a  map  or  chart,  founded  on  tha  geo- 
graphical statistic*  contained  in  the  CimitnetiiaTii 
of  Agrippa,  and  engraved  on  marble,  was  exhi- 
bited for  public  reference  in  the  Portico  of  Polla 
or  Pole,  Agrippa's  slater,  which  waa  erected  in 
tbe  Campos  Martiui  between  B.C.  12  and  x-D.  7 
(Plin.  H,  If.  iii.  S  17).  It  wai  probably  Tary 
similar  in  construction  to  the  marble  map  of 
Rome  divided  into  Region*,  now  known  as  the 
Capitolin*  Plan.  It  is  certain  that  geographical 
measurement*  took  place  andar  Augustus ;  but 
the  story  that  they  were  merely  coropleliona  of 
a  aHTrey  originally  ordered  about  44  B.C.  by 
Julias  Caesar,  reaU  on  mora  doubtful  an- 
thority  (see  Harquardt,  Btaatitrniealtimg,  ii. 
207  S.).  Vagetins  alludes  to  the  early  poasenion 
of  maps  by  military  commanders:    "Usque  eo 

ut  sol^riiores  daces  itineraria  proiinciarum 

nan  tantam  odnatata  sed  etiam  picta  habaUsa 
8p2 


948 


YIAE 


VIAE 


firmentur  "  (fi,  Jf.  iii.  6).  Moreorer,  a  book,  | 
perhaps  bearing  the  name  of  Chorographia  (it  u 
quoted  by  Strabo  as  6  x^'poTfx^s)*  was  con* 
strncted  from  the  same  Commentarn  of  Agrippa, 
whose  measurements  are  constantly  referred  to 
OS  authoritative  by  Pliny. 

The  marble  map  which  has  been  mentioned 
wasy  most  probably,  the  original  authority  on 
which  the  Antoniue  and  other  Itineraries,' and 
the.  ancient  map  or  chart  of  the  Roman  do- 
minions, known  as  the  Peutinger  Table,  were 
founded.  The  Peutinger  Table  has  by  some  been 
identified  with  a  copy,  made  in  1265  by  a 
Dominican  monk  of  Colmar,  from  a  certain 
original  Mappa  Mundi,  Miller,  however,  whose 
works  on  the  Peutinger  Table  are  cited  below, 
considers  it  to  be  two  centuries  earlier  in  date, 
and  to  be  based  on  nn  original  constructed  in 
the  fourth  century  A.D.,  and  probably  in  the 
reign  of  Valentinian  II.  (375-392  A.D.).  The 
remarks  of  Vegetius,  who  lived  under  this 
emperor,  on  the  use  of  itinercaria  picta,  have 
already  been  quoted.  The  Table  was  discovered 
in  1507  by  Conrad  Celtes  (1459-1508)  in  a 
German  monastery.  Celtes  bequeathed  it  by 
his  will  (in  which  he  described  it  as  Itineraritun 
AnUmini)  to  Conrad  Peutinger,  a  scholar  of 
Augsburg  (1465-1 547X  for  eventual  publication. 
After  many  vicissitudes,  it  was  bought  for  100 
ducats,  in  1720,  by  Prince  Eugene,  and  passed, 
after  his  death,  into  the  possession  of  the  Im- 
perial Library  at  Vienna.  In  the  modem  sense 
of  the  word,  the  Peutinger  Table  is  not  a  map 
at  all.  It  observes  neither  latitude  nor  longitude. 
All  the  territories  and  seas  depicted  on  it  are 
drawn  out  into  a  continuous  narrow  strip,  almost 
regardless  of  their  true  geographical  conforma- 
tion and  relative  position.  It  runs  east  and 
west,  and  its  existing  remains  comprise  all  the 
known  world  between  the  eaat  coast  of  Britain 
and  the  limits  of  Alexander's  Indian  conquests. 
The  westernmost  part  has  been  lost.  The  Table 
shows  the  course  of  the  public  roads  of  the 
Empire,  and  gives  the  distances  from  station  to 
station  in  miles.  Its  peculiar  shape  may  per- 
haps be  accounted  for  by  a  passagn  in  which 
Merivale  (^ff.  H.  c.  xxxix.)  comments  on  the 
original  marble  map :  "  Its  extension  along  the 
walls  of  a  gallery  or  cloister  was  meant  to  keep 
all  its  parts  nearly  on  the  same  level."  A  large 
globe  or  circular  map,  constructed  like  the 
Mappa  Mundi  at  Venice,  would  have  been  more 
accurate  in  form,  but  less  easy  to  consult. 

The  construction  and  care  of  the  public  roads, 
whether  in  Rome,  in  Italy,  or  in  the  provinces, 
was,  at  all  periods  of  Roman  history,  considered 
to  be  a  function  of  the  greatest  weight  and 
importance.  This  is  clearly  shown  by  the  fact 
that  the  censors,  in  some  respects  the  most 
venerable  of  Roman  magistrates,  had  the  earliest 
paramount  authority  to  construct  and  repair  all 
roads  and  streets.  Indeed,  all  the  various  func- 
tionaries, not  excluding  the  emperors  themselves, 
who  succeeded  the  censors  in  this  portion  of 
their  duties,  may  be  said  to  have  exercised  a 
devolved  censorial  jurisdiction  (see  Mommsen, 
Staatsrecht,  ii.  428  ff.,  451  ff.).  This  devolution 
early  became  a  practical  necessity,  resulting 
from  the  growth  of  the  Roman  dominions  and 
the  multifarious  labours  which  detained  the 
censors  in  the  capital  city.  Hence,  in  Rome 
and  the  immediate  neighbourhood,  as  we  shall 


presently  see,  certain  special  official  bodies  suc- 
cessively acted  as  constructing  and  repairing 
authorities.  In  Italy,  the  censoxiisl  responsibility 
passed  to  the  commanders  of  the  Roman  armies, 
and,  later  on,  to  special  commissioners  {cnra-' 
tores),  and,  in  some  cases  perhaps,  to  the  local 
magistrates.  In  the  provinces,  the  coiural  or 
praetor  (hence  the  terms  via  oonsulariM^  via  prcte^ 
toria  =  via  publioa)  and  his  legates  received 
authority  to  deal  directly  with  t^e  contractors 
(Cic.  pro  Font.  4,  §§  7,  8). 

The  systems  successively  pursued  in  Italy 
may  be  illustrated  from  Livy,  who  tells  us 
(xxxix.  2)  that  C.  Flaminius  (consul  185  B.C.), 
in  his  campaign  against  the  Ligurian  Friniates, 
"ne  in  otio  militero  haberet^  viam  a  Bononia 
duxit  Arretium."  Moreover,  his  colleague,  M. 
Aerailius  Lepidns,  made  another  road,  the  earlier 
Fi(i  Aemilia,  from  Placentia  to  Ariminnm,  where 
it  joined  the  Via  Flaminia  (Livy,  /.  c;  and 
Strabo, v.l,ll  =  p.  217).  In 21  A.D. Cn. Domitios 
borbulo  complained  to  Tiberias  that  numerous 
roads  in  Italy  had  become  impassable,  ^'fraude 
mancipum  et  incuria  magistratuum  "  (Tac  Ann. 
iii.  31).  It  is  uncertain  whether  the  neglectful 
magistrates  here  alluded  to  were  the  permanent 
cwratores  of  the  roads  in  question,  or  the  muni- 
cipal magistrates.  (See  the  notes  of  lipsios 
and  Orelli  in  their  respective  editions  of 
Tacitus.) 

But  there  were  many  other  persons  besides 
the  special  oflScials,  who  from  time  to  time,  and 
for  a  variety  of  reasons,  sought  to  connect 
their  names  with  a  great  public  service  like 
that  of  the  roads.  Caius  Gracchus,  when  Tri- 
bune of  the  people  (123-122  R.C.X  paved  or 
gravelled  many  of  the  public  roads,  and  pro- 
vided them  with  milestones  and  mounting- 
blocks  for  riders  (Pint.  C.  Oraa^ms,  c.  7). 
Again,  C.  Scribonius  Curio,  when  Tnbime  (ac. 
50),  sought  popularity  by  introducing^  a  Lex 
Viaria,  under  which  he  was  to  be  chief  inspector 
or  commissioner  for  five  years  (Appian,  B.  C.  ii. 
27 ;  Cic.  ad  Fam.  viii.  6).  Dio  Casdns  (xlvii. 
17)  mentions  as  one  of  the  forcible  acts  of  the 
triumvirs  of  43  B.a  (Octavianus,  Antony,  and 
Lepidus),  that  they  obliged  the  senators  to 
repair  the  public  roads  at  their  own  expense. 
There  is  little  doubt  that  such  a  measure  would 
be  popular  with  all  but  the  direct  sufferers. 

The  care  of  the  streets  and  roads  within  the 
Roman  territory  was,  as  we  have  already  stated, 
committed  in  the  earliest  times  to  the  censors. 
An  ancient  enactment  (op.  Cic.   Ltgg.  iii.  31) 
prescribed  thus : — ^  Censores  ....  urbis  tempis 
vias  aquas  aerarium  vectigalia  tuento."    Appioj 
Claudius  Caecus  (censor  312  B.a)  paved  the 
Appian  Way'(Liv.  ix.  29);  C.  Junins  Bnbnlccs 
and  M.  Valerius  Maximus  (censors  S07  B.C) 
made  roads    in    the  country  districts  at  the 
public    expense    (lav.    ix.  43);    C   Flaminius 
(censor  220  B.a)  '*  viam  Flaminiam  mnnirit  '* 
(Liv.  kpU,  XX.).    The  censorship  (174  B.C.)  of 
Q.  Fulvins  Flaccus  and  A.  Postnmins  Albinu^ 
was  msrked  by  an  important  step  in  advaoc*-. 
They  made  contracts  for  paving   the   stre«M 
inside  Rome,  including  the  Cliviis  Capitolina 
with  lava,  and  for  laying  down  the  roads  ootsiJ< 
the  city   with  gravel.     Side- walks  were  alf 
provided  (Liv.  xii.  27).     M.  AemUius  Scanrr* 
(censor  109  B.a)  paved  the  later  of  the  tvo 
roads  known  as  Via  AfmiUa  from  Pisae  to  IWr^ 


>. 


VIAE 


VIAE 


U^ 


iona.     (Anrelius  Victor,  de  Viria  III  c  72 ; 
Strabo,  v.  1,  11  =  p.  217.) 

The  »6diles,  probably  in  virtne  of  their  re- 
sponsibility for  the  freedom  of  traffic  and  the 
police  of  the  streets  (Dig.  43, 10),  co-operated 
with  the  censors  and  the  bodies  that  snoceeded 
them.  Cn.  and  Q.  Ogulnius  (aediles  296  B.C.) 
laid  down  a  pavement  on  the  path  or  track 
(semita)  from  the  Porta  Capena  to  the  Ten^ple 
j»f  Mars  (Liv.  x.  23).  Again,  Agrippa,  when  he 
"voluntarily  became  aedile  (33  B.C.), spent  largely 
of  his  own  money  on  the  roads. 

It  would  seem  that  in  the  reign  of  Claudias 
<41-54  A.D.)  the  quaestors  had  become  respon- 
sible for  the  paving  of  the  streets  of  Rome,  or 
at  least  shared  that  responsibility  with  the 
quatttorviri  mortim,  who  will  presently  be  men- 
tioned. Suetonius  (jClaud.  c.  24)  states  that  the 
Emperor  *'Collegio  Quaestornm  pro  stratura 
viarum  gladiatorium  mnnus  injunxit."  It  has 
been  suggested  that  the  quaestors  were  obliged 
to  buy  their  right  to  an  official  career  by  per- 
gonal outlay  on  the  streets  (Mommsen,  Staatt^ 
recht,  ii.  p.  534).  There  was  certainly  no  lack 
c£  precedents  for  this  enforced  liberality,  and 
the  change  made  by  Clandius  may  have  been  a 
mere  change  in  the  nature  of  the  expenditure 
imposed  on  the  quaestors. 

The  official  bodies  which  first  succeeded  the 
jensors  in  the  care  of  the  streets  and  roads  were 
two  in  number,  viz.  (I)  the  Quatuorviri  viitin 
vrhe  pvargandi»y  with  jurisdiction  inside  the  walls 
of  Rome ;  (2)  the  Dmtiri  viia  extra  uHtem  pur* 
gandiSy  with  jurisdiction  outside  the  walls.  Both 
these  bodies  were  probably  of  ancient  origin,  but 
the  true  year  of  their  institution  is  unknown. 
Little  reliance  can  be  placed  on  Pomponius  (Dig. 
1,  2, 28-30),  who  states  that  the  quatuorviri  were 
instituted  eodem  tempore  with  the  praetor  pere- 
grinus  {jLe.  about  242  B.C.)  and  the  Decemviri 
SUitifnu  judicandit  (time  unknown).  The  first 
mention  of  either  body  occurs  in  the  Lex  Julia 
Municipalis  of  the  year  45  B.a  rA.U.C.  709). 
The  quatuorviri  Were  afterwards  called  Qnatuor' 
viri  viarum  curandarum,  Pomponius  (/.  c.)  terms 
them  Quatuorviri  qui  curam  viarum  gererent^ 
And  Dio  Cassius  (liv.  26)  el  r4traap€S  ol  rAr  ip 
Tf)  Aar€t  MAr  iwtfuXo^ffiwoi,  The  extent  of 
Jurisdiction  of  the  Duoviri  is  to  be  gathered 
from  the  same  Lex,  which  gives  their  uill  title 
as  Duoviri  viis  extra  propiuave  urbem  Somam 
pa$9ua  mille  purgandis.  Their  authority  extended 
«ver  all  roads  b«tween  their  respective  gates  of 
issue  in  the  city  wall  and  the  first  milestone 
beyond.  Dio  Cassius  (liv.  26)  simply  calls  them 
9I  Hio  ol  rks  l|«  rod  r€ixovs  69ohs  4yxti^i(^ 
fifvoi  (Mommsen,  Staatareeht,  ii.  603  ff.,  668). 

The  next  change  was  made  by  Augustus.  In 
the  course  of  his  reconstitution  of  the  urban 
adminirtration  he  created  new  offices  in  con- 
nexion with  the  public  works,  streets  (Momm- 
sen here  reads  viarum  varianun),  and  aqueducts 
of  Rome  (Suelon.  Aug.  c.  37).  He  found  the 
quatuorviri  and  duoviri  forming  part  of  the 
body  of  magistrates  known  as  vignUitexviri. 
These  he  reduced  to  twenty  members  (viginti' 
virt)j  but  retained  the  quati9rviri  among  them. 
The  latter  were  certainly  still  in  existence  under 
Hadrian  (117-138  A..D. :  see  an  inscription  ap, 
Bergier,  Grands  Chemine,  i.  p.  7).  Augustus 
abolish<Kl  the  duoviri,  no  doubt  because  the 
time    had    come  for   dealing  comprehensively 


with  the  superintendence  of  the  roads  which 
connected  Rome  with  Italy  and  the  provinces. 
Dio  Cassius  relates  (liv.  8)  that  Augustus  per- 
sonally accepted  the  post  of  vpoardnis  or  super- 
intendent rAv  v9pX  T^y  V^fifip  dSwr.  In  this 
capacitv  he  represented  the  paramount  autho- 
rity which  belonged  originally  to  the  censors. 
Moreover,  he  appointed  men  of  praetorian  rank 
to  be  dioitouH  or  road-makers,  assigning 'to  each 
of  them  two  lictors  (C  /.  L.  vi.  1501).  Lastly, 
he  made  the  office  of  curator  of  each  of  the 
great  public  roads  a  perpetual  magistracy,  in* 
stead  of  a  special  and  temporary  commission, 
as  had  been  the  case  hitherto. 

The  previous  state  of  things  seems  to  have 
been  this.  In  case  of  an  emergency  in  the  con- 
dition of  a  particular  road,  men  of  influence  and 
liberality  were  appointed,  or  voluntarily  acted  as 
curatore$  or  temporary  commissioners  to  super- 
intend the  work  of  repair.  The  dignity  attached 
to  such  a  curatorship  is  attested  by  a  passage 
{JSpp,  ad  Att.  i.  1)  in  which  Cicero  says  that 
one  Thermus  should  have  the  best'  chance  of 
becoming  Caesar's  colleague  in  the  consulship, 
propterea  quod  curator  est  Viae  FkmUniae  (com- 
pare also  Plin.  Epp.  v.  15).  Among  those  who 
performed  this  duty  in  connexion  with  parti- 
cular roads  was  Julius  Caesar,  who  became 
curator  (67  B.C.)  of  the  Via  Appia,  and  spent 
his  own  money  liberally  upon  it  (Plut.  Caes.  5). 
Certain  persons  appear  also  to  have  acted  as 
Viarum  curatores  e  lege  Visetlieu  The  inscrip- 
tions which  contain  the  little  that  is  known 
about  them  have  been  collected  by  Mommsen, 
SUiatsrechty  ii.  668  if. 

It  was  not  as  curator  but  as  consul  that 
Augustus  (27  B.C.)  restored  the  Via  Fiaminia, 
a  road  essential  to  his  military  expeditions  (Dio 
Cass.  liii.  22).  He  has  himself  recorded  the 
fact  in  the  Monumentum  Ancyraman  as  follows 
(ed.  Mommsen,  pp.  86-87,  Berlin;  Weidmann, 
1883) :  OONSUL .  8EPTIMUX .  yiAU .  flaminiam  . 

AB  .  UBBE  .  ARIHINUM  .  FECI  .  ET  .  P0HTE8  . 
OmiES  .  PRAETER  .  MULYIUM  .  ET  .  XUfUCIUM. 

A  passage  from  Suetonius  (.Aug,  30)  is  here 
in  point:  "Quo  autem  facilius  undique  nrhs 
adiretur,  deaumpta  sibi  Fiaminia  Via  Arimino 
tenus  munienda,  reliquas  triumphal ibus  viris 
ex  manubiali  pectmia  stemendas  distribuit." 

Dio  Cassius  (7.  o.  supra)  states  that  Augustus 
assigned  the  great  roads,  other  than  the  Flami- 
nian,  to  certain  of  the  senators  to  be  repaired 
at  their  own  expense,  and  adds  that  it  was  almost 
impossible  to  tell  who  really  paid  for  these  re- 
pairs. The  senators,  he  says,  grudged  any  ex- 
penditure of  their  own  money,  and  the  Emperor's 
privy  purse  was  practically  indistinguishable 
from  ttie  public  treasury.  Indeed,  the  concur- 
rent outlay  of  public  and  private  moneys  on 
the  public  roads,  which  so  constantly  took 
place,  presents  a  perpetual  obstacle  to  any  clear 
distinction  of  the  two  sources. 

Plutarch  {Quaest.  Rom,  66)  apparently  sug- 
gests that  the  Via  Fiaminia  was  first  paved  out 
of  the  annual  profits  of  an  estate  given  to  the 
city  by  Flaminiu^  quidam.  M.  Fonteius,  when, 
praetor  of  Gallia  Narbonensis  (76-73  B.C.), 
raised  money  for  repairing  the  roads  by  imposing 
a  due  on  wine  (jxtrtorium  vmi,  Cic.  jE>n>  Font,  5) 
Agrippa  repaired  all  the  public  roads,  according 
to  Dio  CasAius  (xlix.  43),  firiUhr  4k  rou  hipLoaiov 
I  XafiAv,  an  expression  which  probably  covers  not 


950 


VIAE 


VIAE 


only  his  prirate  manificencei  bat  the  personal 
outlar  imposed  on  the  senatorsi  and  the  pecunia 
vumtAialis  mentioned  by  Snetonins  (Avg,  30). 
In  the  country  districts,  as  has  been  stated,  the 
magistri  pagonan  had  authority  to  maintain  the 
Tiae  vicincdes.  In  Rome  itself  each  householder 
was  legally  responsible  for  the  repairs  of  that 
portion  of  the  street  which  passed  his  own  house 
(Dig.  43,  10,  3).  It  was  the  duty  of  the  aediles 
to  enforce  this  responsibility.  The  portion  of 
any  street  which  passed  a  temple  or  public 
building  was  repaired  by  the  aediles  at  the 
public  expense.  When  a  street  passed  between 
a  public  building  or  temple  and  a  priyate  house, 
the  public  treasury  and  the  private  owner  shared 
the  expense  equally.  (See  the  municipal  law 
quoted  by  Mommsen,  Staaisrecht,  ii.  505  ff.)  Ko 
doubt,  if  only  to  secure  uniformity,  the  personal 
liability  of  householders  to  execute  repairs  of 
the  streets  was  commuted  for  a  paring  rate 
payable  to  the  public  authorities,  who  were 
responsible  from  time  to  time. 

We  hare  already  said  that  Augustus,  in  his  ca- 
pacity as  supreme  head  of  the  public  road-system, 
converted  the  temporary  aira  of  each  of  the  great 
roads  into  a  permanent  magistracy.  The  persons 
appointed  under  the  new  system  were  of  senatorial 
or  equestrian  rank,  according  to  the  relative  im- 
portance of  the  roads  respectively  assigned  to 
them.  It  was  the  duty  of  each  curator  to  issue 
contracts  for  the  maintenance  and  repairs  of  his 
road,  and  to  see  that  the  contractor  who  under- 
took the  work  performed  it  faithfully,  both  as 
to  quantity  and  quality.  Moreover,  he  authorised 
the  construction  of  sewers  and  removed  ob- 
structions to  traffic,  as  the  aediles  did  in  Rome. 
It  was  in  the  character  of  an  imperial  curator, 
though  probably  of  one  armed  with  extra- 
ordinary powers,  that  Corbulo  (as  has  been 
already  mentioned)  denounced  the  maffistrattu 
and  tnancipea  (iKtlpovs  re  [robs  hrurrdras']  'lad 
rohs  iffyoka0^<r«ifrds  ri  rap*  dfrwK,  Dio  Cass.  lix. 
15)  of  the  Italian  roads  to  Tiberius.  He  pursued 
them  and  their  families  with  fine  and  imprison- 
ment for  eighteen  years  (21-39  A.D.),  and  was 
rewarded  with  a  consulship  by  Caligula,  who 
was  himself  in  the  habit  of  condemning  well- 
bom  citizens  to  work  on  the  roads  (Tac  Ann, 
iii.  31 ;  Dio  Cass.  Ix.  27 ;  Suet.  Calig.  27).  It  U 
noticeable  that  Claudius  brought  Corbulo  to 
justice,  and  repaid  the  moneys  which  had  been 
extorted  from  his  victims. 

Special  curatores  for  a  term  seem  to  have 
been  appointed  on  occasion,  even  after  the  in- 
stitution of  the  permanent  magistrates  bearing 
that  title.  According  to  an  inscription  sub- 
sequent in  date  to  A.U.C.  731  (23  B.C.),  one 
P.  Paquius  Scaeva  was  appointed  Viarum 
curator  extra  urbem  Bomam  ex  xnatusconsvlto 
in  qtUnquennium  (C  /.  L,  ix.  2845 ;  and  see  ibid. 
vi.  1501 ;  Mommsen,  Staatsrechty  ii.  669).  It  is 
possible  that  Scaeva  was  one  of  the  69ointol 
appointed  by  Augustus  in  A.n.C.  734  (20  B.C.). 
(Dio  Cass.  liv.  8,  q.  v.  supra.) 

The  Emperors  who  succeeded  Augustus  ex- 
ercised a  vigilant  control  over  the  condition  of 
the  public  highways.  Their  names  occur  fre- 
quently in  the  inscriptions  to  restorers  of  roads 
and  bridges  collected  by  Gruter  {Corpus  Inscrr. 
pp.  cxlix.-clxiii.).  Thus,  Vespasian,  Titus,  Do- 
roitian,  Trajan,  and  Septimius  Severus  were 
commemorated  in  this    capacity  at  £merita; 


Kero  at  Corduba ;  Trajan  at  Afculnm,  Augusto- 
briga,  and  Arganda;  Hadrian  and  Septimius 
Severus  at  Braccara ;  Hadrian  at  Suesaa ; 
Marcus  Aurelins  at  Capua;  Caracalla  at  Ma- 
laca.  Trajan's  care  for  the  commnnicationa  of 
his  Empire  received  the  following  elaborate 
panegyric  from  Galen  {Method.  Med,  ix.  8): 
oft^Xci  roGr*  ix^^^  awdiras  rhs  M  r^s  'IraXtas 
i^ohs  6  TpoXttphs  iicttros  inptttpO^aro  -  rk  ftlr 
iypk  Jcol  injX^Sif  ikifnn  x£0ois  vrowrvhs  fi  i^XtHs 
i^idpmif  x&iMri9'  inituBaipmw  ot  rd  re  inM^ 
iral  Tpax^A  K€dy§^p€a  hnfiJiXXmrroishHrwdpois 
rww  worofiAtf '  tlwiki  9h  hnft^tnis  ab  «pe«<i94c^rr<»s 
d9hs  ^p  iwTttvBa  irirTojAiow  Mpaw  rtfiwdftMwor 
Ainrep  iral  c/  Si'  0^  \6^oy  x^Xew^  Sii  rw 
€inropttT4pctP  X'^^^  iurpirmp. 

The  Itinerary  of  Antoninua,  which  was  probablr 
a  work  of  much  earlier  date,  republished  in  an 
improved  and  enlarged  form,  under  od«  of  the 
Antonine  emperors,  remains  as  standing  evidence 
of  the  minute  care  which  was  bestowed  on  the 
service  of  the  public  roads  ((Suett^  Origit^$ 
Cdtica€y  ii.  101-118).  On  the  probabitity  of 
a  connexion  between  the  Itinerary  and  the 
Peutinger  Table  {q,  v.  supra\  sea  the  works  of 
Bergier  (i.  354-359)  and  Miller  cited  below. 

IL  Materialb  and  Metrom  of 

CONBTBUCnOK. 

Viae  are  distinguished  not  only  according  to 
their  public  or  private  character,  but  aooording 
to  the  materials  employed  and  the  ]netho<^ 
followed  in  their  construction.  Thoa  we  have 
(Ulpian,  Dig.  43,  11,  2)— 

(1)  Via  terrena,  a  plain  road  of  levelled 
earth. 

(2)  Via  glareata,  glarea  strata,  an  earthen 
road  with  a  gravelled  surface  (Lav.  xli.  27), 

(3)  Via  mtmt'to,  lapide  quadrato  strata^  siJicf 
strata,  a  regular  metalled  road,  paved  with  rect- 
angular blocks  of  the  stone  of  the  coantry,  or 
with  polygonal  blocks  of  lava. 

The  construction  of  tfuu  mftnitae  ia  said  bv 
Isidorus  to  hare  been  borrowed  by  the  Romans 
from  the  Carthaginians :  "  Primum  Poent  di- 
cuntur  lapidibus  vias  stravisse :  poitea  Rooumi 
per  omnem  paene  orbem  disposiMnmt,  propter 
rectitudinem  itinerum  et  ne  plebs  esset  etioea  *' 
{Orig.  XV.  16,  6).  In  course  of  time,  ihe  terms 
via  tnunita  and  via  pMioa  became  identical,  but 
Livy  mentions  some  of  the  most  fiuniliar  roads 
near  Rome,  and  the  milestones  <m  them,  at 
periods  long  anterior  to  the  first  paved  road — 
the  Appian.  Unless  these  allusiona  be  simple 
anachronisms,  the  roads  referred  to  were  proba- 
bly at  the  time  little  more  than  levelled  earthen 
tracks.  Thus  the  Via  Gabina  is  mentioned  in 
Liv.  ii.  11  {{temp.  Porsena,  about  500  B.C.);  the 
Via  Latina  in  ii.  39  {temp,  Coriolanns,  about 
490  B.C.)  ;•  the  Via  KoAentana  or  Ficulensis  ia 
iii.  52  (449  B.C.);  the  Via  Ubicana  in  iv.  41 
(421  B.C.);  and  the  Via  Salaria  in  vii.  d 
(361  B.C.). 

Our  best  sources  of  information  as  regards 
the  construction  of  a  regulation  via  mmmta  are: 
(1)  The  many  existing  remains  of  viae  pubtioK: 
These  are  often  sufficiently  well  preserved  to 
show  that  the  rules  of  construction  were,  as  far 
as  local  material  allowed,  minutely  adhered  to 
in  practice.  (2)  The  directions  ibr  makiae 
pavements  given  by  Vitruvius  (vii.  ly  The 
pavement  and  the  via  mimito  were  fedentical  in 


VIAE 

[cept  u  TtKarii  the  top  lajsr,  nr 

aurrace.  Thii  coiuiitcd,  ia  thi  former  cau,  of 
marble  or  mcuic,  and,  in  the  Utter,  of  blocki 
of  tttins  or  lava.  (3)  A  pawag*  in  Sutim 
(Sile.  it.  3,  *)  de«cribing  the  repain  of  the  Via 
Domitia,  a  bnnch  road  of  the  Via  Appia,  leading 
to  Neapolia. 

The  general  oonitrnotion  of  a  t?io  mimrtd  ii 
■how a  in  the  fglloning  woodcsl. 


of  ponaded  potaherdi,  miied  with  lin 
in  the  proportion  of  3  :  I,  and  a 
fingen  (=4}  incha)  in  thickneM. 


t  leaat  aii 
Th«  pare* 


r  agger  Tiaa  (hecce  the  phcaact 
agger  publicum  ^  via  pudfica  ;  Aureiita  Agger  =: 
via  Aurtlia :  Sidon.  24,  5)  i  the  elliptical  enrface 
or  cTDWD  of  the  loail  (media  lirataa  enunrntia, 
Iiidor.  Orig.  XT.  16, 7),  made  of  polrgonal  blocks 
of  jiJex  (baaaltio  lava)  or  rectangniar  blocke  of 
(onun  {fiiailnituin  (tcafertin*,  peperioo,  or  other 
Btone  of  the  country).  The  upper  lurface  wai 
deiignad  to  cut  off  min  or  water  like  the  shell 
of  a  tortoiH.  The  lower  gnrfaceiof  the  aeparite 
atonea,  here  *hown  a*  flat,  were  •ameCimea  cut 
to  a  point  or  edge  in  order  to  gratp  the  nucfeiu, 
or  neit  layer,  more  firmiy. 

B.  Xucleut:  kernel  or  bedding  of  flne  cement 
made  of  ponnded  potiherdi  (testaa  tutae  i  cf. 
VitruT,  viL  1,  17)  and  lime. 

C  Sadia  :  nibble  or  concrete  of  broken  atone* 

D.  Statwnen:  itonea  of  aaiie  toiill  the  hand. 

L  Native  earth,  ItTelled  and,  if  seceuary, 
rammed  tight  with  beetln. 

F.  Crtpido,  margo  at  temita ;  raiaed  footway, 
OT  aidewalk,  on  each  aide  of  the  tin.  It  «aa 
atrengthenad  by  wnAoHtfi  or  edge-etoneii  (G),  and 
gotnphi  or  kerb-itonea  of  greater  eiae  and  height, 
which  were  placed  at  iaterrala  in  the  tino  of 
lUTiboati.  Crtpido  teema  alio  to  denote  the 
monnda  of  earth  or  mbbiih  on  the  lidei  of  an 
unparad  road  (Fetroa.  Sat.  9:  "  Vidi  Gitonn 
in  crepidine  aemitae  atantem ").  The  general 
appearance  of  anch  a  metalled  road  and  footway 
ia  (hown  in  the  following  ill  uitii^tion  of  an 
eiistlng  atreet  in  Pompeii. 

The  directioDi  gifen  b}r  VitruTina  (t.c.)  are  a* 
followa :  '■  ]f  the  bedding  ii  tu  be  laid  fluah  with 
the   ground   (ioitead    of  on  wooden   joiats), 
mutt  firat  be  aacertained  whether  the  ground 
thoroaghly  aonnd.     If  it  ia  found  to  be  lo, 
ahould  be  terelled,  and  .then  the  conriea  of  stor 
(atofumen)  and  rubble  mixed  with  lime  (rudut) 
■honld   be    lacceulvely  laid    on.       But   if  t' 
ground  constat  wholly  or  partly  of  made  or  lot 
earth,  it  ahaold  be  very  carefully  rammed  tig 
with  beetlea  ,  ■ .  neiC  abould  Ctme    a   layer 
atonea  large  enough  to  fill  the  hand  (afut'imii 
tur),  and  over  them  ihould  be  laid  a  course 
rubble  of  itonea  and  lime(ivJru).     Ifthe  rubl 
he  new,  the  proportion  of  atone  to  lime  ahoi 
be   at   3 :    1.      If  it  be   old,  aa    5 :  2.      Wh 
the  rubble  h.ia  1>een  laid,  it  ibonld  Im  thoroughly 
rammed  down  with  wuoden  beetlea,  by  ganga  of 
men,  to  a  final  thickneu  of  not   lesa  than  9 
inchea.    Orer  the  rabble  ihauld  be  laid  a  c 


Street  in  FonpelU    (Haaola.) 


ment,  whether  coniiating  of  cut  ilab*  or  moaaic 
:ube>,  ihould  be  well  and  truly  laid,  by  role 
ind  level,  on  the  top  of  the  nucbui." 

In  another  paiaage  (v.  9,  7)  Vitruvins  gives 
tirectioni  for  ronitructing  ambniaiirniea  or  grovel 
patha  for  walking  on.  Such  a  path  consisted  of 
a  firm  foundation  of  earth,  with  a  layer  of  char- 
uoel  (carbonei)  neat  to  it,  and  a  top-layer  or 
"  ee  of  levelled  gravel  (aaiuio).  It  waa 
ed  by  earthenware,  pipei  (lu6uji)  pouing 
>  covered  drain  on  either  aide, 
itini  (f.  c.)  epitoiniiea  the  whole  process 
of  road-making.  "  The  task,"  he  aaya,  "  ia  lirst 
to  cot  (parallel)  trenches,  to  mark  the  limtU 
of  breadth  of  the  road,  and  next  to  carry  the 
eicaTationi  deep  into  the  ground.  Next,  to  SIl 
the  empty  ditch  with  new  matertala,  and  to 
prepare  a  bed  for  the  surface  of  the  road :  lest 
the  ground  give  way  and  aflbrd  but  a  trcacherooa 
support  to  the  pavement  when  weighted.,.  Next, 
to  confine  the  roadway  with  edge-atonea  fixed  on 
each  side  and  with  nuraeroua  kerb-atonea." 

In  thia  passage,  fotta  dtnotea  the  ditch  made 
by  the  removal  of  the  earth  between  the  two 
parallel  luJci,  down  to  the  point  at  which  a  Gnn 
earthen  foundation  ran  be  obtained ;  grttaium 
the  three  coursei  below  the  Dortam  or  agger 
viat — viz.  ttaimnta,  rujui,  and  nadeia. 

Aa  has  been  said,  the  methods  of  corkatruction 


mailed   i 


e  foundati 


I    followed  when 


L  ordinary  character.     Where,  he 
'        ■(,  the   <■-■ 


■   the 


dispensed  with,  and  the  nuc/nis 
and  dortum  aulficed.  This  is  the  case  with  an 
existing  portion  of  the  Via  Appia  near  Albano 
(Bum,  IntrixL  p.  liv. ;  Uaiois,  PornpH,  i.  2S). 

Caius  Qraccbus  was  the  first  to  provide  the 
public  roads  syatemntically  with  milestones 
(Plot.  C.  GraaAua,  7),  though  Lify,  aa  we  hare 
stated  above,  refers  to  milestones  aa  existing  on 
certain  roads  at  periods  much  earlier  than  the 
time  of  Gracch^ii  [MlixiaRE].  It  ia  now 
practically  certain  that  the  distances  recorded 
on  the  mileatones  of  each  road  w 


952  VIAE 

from  the  gate  bf  which  that  road  iuucd  frDin  I 
Rome.  The  tint  milotDiie  on  the  Via  Appia 
wai  fonnd  in  litu  nt  a  distance  or  eiactl^  a 
thoDUDit  pacta  from  ths  reputed  poeition  ot  j 
the  Porla  Capeai  in  the  line  at  the  Serrian  ' 
wall  (Burn,  pp.  49,  433;  Middlttoii,  Andent  \ 
Same  in  188B,  pp.  6T,  496).  la  28  B.C.  Aagnitui  . 
encted  in  tlie  yoruai  and  at  the  foot  of  the  . 
Cipitol  the  celebrated  Mitliarium  Amvum  or  i 
Oalden  Mileitone  (ji  xfVsSr  fiJXur  nicAii- 
liirvr,  Dio  Cau.  tir.  8;  "Milliarium  aureum  1 
inb  ude  Satunii,"  Tac.  nitt,\.  27 ;  Saet.  Otko.  ' 
6 ;  "  a  milliario  in  capita  Itomani  fori  ilatuto," 
Plin.  H.  N.  iii.  %  66).  It  waa,  properlf  apeak-, 
ing,  not  a  mileitone,  but  an  Imperial  Itiaerary  i 
OT  Table  of  DiatancH.  It  bote  a  gilt  tablet,  on  . 
whiuh  were  recorded  the  diitaace*  from  Kome  , 
to  which  the  public  roads  reached  from  their  i 
retpectire  gates  of  iiaae  io  the  cit^  wall.  Of  < 
theia  gate*  there  were  thirlj-tercn  in  Plinj'i  ' 
time(Pliu..i.cO. 

TraTcUiDg  on  the  public  roadt  wai  facilitated  j 
by  the  ettablithment  or(l)  mutationaiitJijeyti)  \ 
or  pottisg-hooMS,  where  honei  were  changed  , 
and  Tehiclei  were  obtainable  if  required ; 
and  (2)  mantima  (*tem\iin>t),  lUtions,  khuu. 


;ing  -  places, 


the 


journey  conid  be  coaveiiieiitly  broken.  [}i» 
EiOHBS.]  1'he  towni  and  places  where  a  halt  on 
one  ground  or  the  other  could  be  made,  ere  fre- 
quently deUiled  in  the  Antonioe  Itinerary.  Kar 
an  account  of  the  Poatal  or  Despatch  system 
created  by  Auguatua,  and  dereloped  by  his  euc- 
ceaeon,  see  Mommten,  Staattrrcht,  ii.  1029- 
10?1 ;  Marquardt,  Staattaeraali.  I.  558  S. ;  and 
a  note  to  Uerivale  (H.  R.  c.  iiiir.). 

The  following  illuatntion  of  a  part  at  the 
Via  Stabiana  at  Pompeii  shows  tome  of  the 
ateppiug-stoDCS  which  hare  puiiled  some  antl- 


VIAE 

mt  mcamrei,  a*  a  rale,  one  yard,  whictt  wm, 
accordingly,  the  gauge  of  the  ordinary  Tehiclea. 
Sach  being  the  facta,  three  pointi  demand  att«)- 
tion  ;  first,  the  nature  and  conditions  of  trsffic 
in  a  Roman  prorinciat  town  like  Pompeii ; 
secondly,  the  reuooa  for  erecting  atepping-nooes 
of  great  liie  in  the  centre  of  the  carriage-way  ; 
and,  lastly,  the  probable  mode  in  which  dranghl 
animals  and  carriages  passed  these  itonc*. 

Until  the  reign  of  Septimiua  SeTeraa  (193- 
ail  a.D.)  riding  and  driving,  both  in  Rome  mai 
in  the  provincial  towns,  were  closely  reatrictnj. 
and  at  times  forbidden,  br  lav.  (Lci  Julia 
Uunicipalis,  ap.  C.  I.  L.  \.  90« ;  Marnnardt, 
PricatUm,  iL  T2T-T3B  ;  I'riedlitnder,  Stten^e- 
>«AwUe,  i.*  SO  ffl).  Claudius  (41-54  a..L>.: 
some  twenty-tive  years  before  the  destruction 
of  Pompeii)  forbade  traTellen  to  drive  in  car* 
riages  through  provincial  town*  (Suelon.  Claud. 
c  25}.  Seneca,  it  is  true,  who  died  in  65  a.o^ 
siill  Dearer  to  the  catastrophe,  speaka  of  the 
noise  ateuedan  trawmmiifej  at  Baiae  (,Epp.  56> 
But  these  may  have  plied  principally  on  the 
roads  to  the  neighbouring  town*,  of  which 
Pompeii  waa  one,  and  Seneca  state*  that  the 
noiie  did  not  diaturb  his  stadies.  Hapcos 
Aunlini  (161-180  A.D.)  again  forbade  riding 
and  driving  in  provincial  towns  (  Vit.  c  23  ;  and 
compare  Galen,  ii.  p.  301,  ed.  Euhn,  for  the 
practice  in  Rome).  Under  Severut  carriages, 
in  Rome  at  least,  seem  to  have  beat  more  com- 
mauiy  uted  (Diu  Cass.  liir.  4).  But,  as  late  as 
the  reign  of  Aunlian  (270-275  A.D.),  we  find 
the  emperor  preferring  to  ride  into  Aatioch 
"  quia  invidioium  tunc  erat  vehicnlis  in  ciritate 
nti"(l-,(.c.5> 

Thus  the  street-traffic  of  the  ordinary  Ronuu 

provincial  town  seems  to  have  resembled  tbat 

of  the  Tangier    or  Tetnan  of  to-day.      Heavy 

burdens  were  carried  on    the     back*   ol 

horses,  mule*,  or  cattle.     Walking  was  the 

iback  or  in  a  Utter  was 


ceptii 


,    driri] 


They  are  to  be  found  in  nearly  every 
D  the  town,  whatever  its  bresdth.  The 
rets  are  practically  blodied  by 
single  large  stones  in  their  ceolrea ;  the  broader 
itreeta  are  croaaed  by  rowa,  containing  from 
two  to  five  atone*.  Their  ihape  is,  generally,  a 
flat-topped  oval :  logger  and  atnaller  itone* 
lying  side  by  side.  Tbey  measure,  very  com- 
monly, about  .1  feet  by  18  inches,  and  have  their 
loiter  aiia  parallel  to  the  footway  on  either 
aide  of  the  street.  The  height  of  the  footway 
rsngea  from  12  to  18  inches  above  the  carriage- 
way, and  the  particular  height  ii,  in  most  ca«es, 
that  of  the  stepping-atonea  alao.  The  turface 
of  the  atreet  being  elliptical,  the  itone  on  the 
centre  itauds  slightly  higher  thsn  those  at  the 
sides.  Manr  atreeti  are  marked  with  wheel- 
ruts,  some  of  thein  deeply  out.  They  sre  found 
both  in  the  interstices  between  the  atejipiag- 
stonei  and  elsewhere.    The  distance  from  rut  to 


tf  Claodioii, 
and  perhaps  later,  the  law  was  probablr 
indalgent  to  town*  auch  at  Baiae  and 
Pompeii.  Thither  came  the  "carriage- 
company"  of  Rome  to  seek  health  and 
spend  money.  In  the  case  of  Pompeii 
carriages  and  horses  were,  beyoxid  a  doubt, 
confined  to  certain  streets.  An  eitanl 
inscription  show*  tbat  the  ttati<a  of  the 
dtiarii  was  not  even  within  the  town  walli. 
[See  CisnnL]  Other  streets  were  always  re- 
served for  foot-passengers,  and  poosibly  for 
litters.  Others,  again,  once  open  to  alljrsffic, 
and  still  bearing  the  marks  of  wheels,  were 
afterwards  closed  to  all  but  foot-patsengen 
by  huge  ttepping-atonei  or  iron  gratings. 

The    deep  ruts    already  mentioned  ware  the 
natanl  retnit  of  confining  ths  tialGc  tea 


of  thesi 


oad  enough 


allow  of  any  considerable  variation  of  the  track, 
even  had  the  fixed  ttepping-atone*  presented  no 
additional  difficulty.  Moreover,  there  ia  evi- 
dence that  some  of  the  existing  pavemenia  bore 
tralGc  for  at  least  120  years.  In  one  street  the 
edge  of  the  fooCwsy  besn  the  inscription  BI .  t . 
QVl .  (ex  ialndia  Quncttfihi*) ;  in  another  the 
intcriplion  K.  Q.  Mow  the  moath  Qniectili> 
was  renamed  Julius  in  44  D.C.,  ai>d  Pompeii 
perished  in  79  a.d.    It  it  not  surpriiing  titst 


VIAE 

«Ten  a  inudl  amount  of  wheeled  traffic,  unre- 
lieved by  the  use  of  springs,  and  acting  on  the 
same  stones  for  so  many  years,  should  have  left 
deep  traces  behind. 

The  reasons  for  the  erection  of  very  large 
stepping-stones  were,  no  doubt,  at  once  local 
and  practical.  Pompeii  occupies  the  summit 
and  slopes  of  a  small  hill.  Hence  the  lower 
streets,  according  to  the  drainage  level  of  the 
ground,  received  the  rain-water  and  refuse  of 
the  upper.  In  times  of  heavy  rain  the  lower 
streets  "  must "  in  Dyer's  words  "  have  flowed 
like  a  torrent  or  a  Welsh  cross-road  "  (Pompeii^ 
c  3).  No  sewerage-system  could  have  at  once 
mastered  the  downward  rush  of  the  water. 
Indeed  a  similar  sight  may  now  be  witnessed, 
during  the  winter  rains,  in  the  heavily-paved 
streets  of  Florence,  where  stepping-stones  of 
the  largest  size  would  not  be  out  of  place.  At 
Pompeii,  where  the  lie  of  the  ground,  together 
with  the  close-set  stone  surface  and  sides  of  the 
streets,  provided  a  ready-made  watercourse,  side- 
walks of  substantial  height  were  absolutely 
necessary  to  foot-passengers.  The  means  of 
crossing  from  one  side-walk  to  another,  in  any 
weather,  were  naturally  provided  by  stepping- 
stones  of  corresponding  size. 

Lastiv  comes  the  question  of  the  manner  in 
which  draught  animals  and  carriages  passed  the 
atepping-stones.  The  wheels  passed  between  the 
stones,  as  is  shown  by  the  many  ruts  found 
in  situ,  A  vehicle  with  wheels  three  feet  apart, 
and  raised  on  them,  say,  two  feet  above  the 
ground,  could  easily  pass  over  a  stone  eighteen 
inches  wide  and  from  twelve  to  eighteen  inches 
high.  In  the  case  of  vehicles  drawn  by  two 
animals,  it  may  be  conceived  that  the  latter 
were  harnessed  loosely  and  moved  in  front'  of 
the  wheel  on  each  side.  This  arrangement 
would  enable  each  animal  to  precede  a  wheel  of 
the  carriage  through  one  and  the  same  interstice 
of  the  stepping-stones.  The  operation  roust  of 
course  have  been  performed  at  a  very  slow  walk, 
and  its  repetition  would  soon  have  become 
intolerable  had  the  carriage-traffic  been  large  or 
constant.  The  case  of  vehicles  drawn  by  one 
animal  presents  more  difficulty.  It  has  been 
held  that  whilst  the  wheels  passed,  as  before,  on 
either  side  of  a  stone,  the  animal  stepped  on  or 
oTer  it.  This  view  can  hardly  be  treated  with 
gravity,  even  if  it  be  conceived  that  the  surface 
of  the  street  was  somewhat  raised  by  accumu- 
lated rubbish.  It  has  been  already  stated  that 
the  stepping-stones  often  attain  a  height  of 
eighteen  inches  and  measure  three  feet  in  the 
longer  axis  which  lay  along  the  path  of  an 
approacning  animal's  feet.  The  better  opinion 
is  that  carriages  drawn  by  one  animal  were  not 
admitted  into  the  town  at  all.  [See  on  the 
whole  question,  Dyer,  Pompeii,  Lond.  1868 ; 
Mazois,  Pompei,  Paris,  1824-18.38  (with  plans) ; 
Overbeck,  Pompeii*  (with  illustrations);  and 
the  works  of  Presuhn  (Leipzig,  1881)  and 
SchOner  (Stuttgart,  1877)  on  the  same  subject.] 

III.   LiTERATUBE. 

1.  General  Information  on  the  subject  of 
Boman  Roads,  —  Archaeologia :  see  Index  to 
vols.  1-50,  8.  V,  **  Roads,"  pp.  583-584,  London, 
1889.  Bergier:  Histoire  dc»  Grands  Chemins 
de  r Empire  Somain,  Bruzelles,  1736.  Bum, 
JSome  and  tKe  Campagna,    Ersch  und  Gruber: 


VLAB 


953 


AUgemeine  Encyclopddie^  s.  y.  Peutingeriani 
ToJbiula,  Oruter:  Corpus  Tnscriptionum,  vol.  i. 
pp.  czliz-clziii.  Guest:  77^  Itinerary  of  An- 
toninuSj  in  Origines  Celtioaej  vol.  il.  pp.  101- 
118,  London,  1883.  Hirschfeld:  Untersuch' 
ungen  auf  dem  Gebiete  der  ROmischen  Vervoai' 
tungsgeschicfdef  vol.  i.  Berlin,  1877.  Marquardt 
and  Mommsen,  Handbuch  =:  Mommsen,  Stoats* 
recht  (see  index) ;  Marquardt,  i^aatsvertoaltungt 
ii.  90  ff.,  Privatleben,  pp.  727  ff.  Miller :  Weft- 
karte  des  Castorius,  genannt  die  Peutingersche 
Tafet ;  Id.  Die  W4tkarte  des  Castorius,  genannt 
die  Peutingersche  Ibfel-^Endeitender  Text, 
Vibby :  Delle  vie  degli  emtichi  dissertazione  ap, 
yardinif  Roma  anticOf  1818-1820.  Parthey  et 
Pinder:  Itinerarium  Antonini  et  ffierosolymi' 
tanum,  Berlin,  1848.  Rich :  Diet,  of  Roman  and 
Greek  Antiq.,  s.vv.  agger,  crepido,  fistvca,  gom- 
phus,  mansiones,  mutationes,  semitOj  sUex,  via, 

2.  Authorities  on  Viae  PuUioae  in  Rome  and 
Italy  (within  the  Eleven  Regions  of  ^Augustus), 
— Archaeologia,  I.  c.  Becker-G5ll,  Gallus,  i.  77. 
Bergier,  op,  cit.  Bum,  oo.  cit.  Corpus  In* 
scriptionum  Latinarum ;  yoI.  v.  parts  i.  (1872) 
and  ii.  (1877),  pp.  934-956,  ed.  Mommsen  (with 
maps).  Viae'  Publicae  Galliae  Cisalpinae  (i,e.  Re- 
gionum  Italiae  iz.  z.  zi.).  .  Und.  vol.  iz.  pp.  580- 
602,  ed.  Mommsen,  1883  (with  maps):  Viae 
Publicae  Regionum  Italiae  ii.  iv.  v.  IbkL  vol.  x. 
parU  i.  and  ii.  pp.  45*-46^  683-712  (ed. 
Mommsen),  1883  (with  maps):  Viae  Publicae 
Regionum  Italiae  i.  iii.  (including  those  of 
Corsica,  Sardinia,  and  Sicily).  Ibid.  vol.  xiv.  pp. 
456-457,  500,  ed.  Dessau,  1887:  Aquae  Viae 
Urbis  Romae.  Gmter,  op,  cit,  Middleton, 
Ancient  Rome  m  1888.  Nibby,  op,  cit.  Par- 
they et  Pinder,  op.  cit,  Diciionary  of  Greek 
and  Roman  Geography,  vol.  ii.  pp.  1286-1307. 

3.  Authorities  on  Viae  Publicae  in  Britain, — 
Archaeologia,  1.  c.  Bergier,  op,  cit,,  vol.  i.  pp. 
113-116  ;  vol.  U.  pp.  88-94.  C.  I,  L.  vol.  vii. 
pp.  206-^14,  ed.  Hiibner,  1873  (with  map). 
Elton :  Origins  of  English  History,  1890.  Guest : 
The  Four  Roman  Ways  (with  map)  in  Origines 
Celticae,  vol.  ii.  pp.  218^241 ;  The  Itinerary  of 
Antoninus,  t&itf.  pp.  101-118.  Parthey  et  lender, 
op,  cit,  Pearson,  Ifist.  of  England,  i,  ch.  3.  Id., 
Roman  Britain  in  Historical  Maps  of  England, 
pp.  6-17.  W.  T.  Watkln,  Roman  Lancashire. 
Id.,  Roman  Cheshire,  Note.  It  will  often  be 
necessary  to  consult,  in  addition,  the  standard 
county  histories  and  the  proceedings  of  local 
antiquarian  societies.  Ferguson's  History  of 
Cunierland  (1890)  may  be  specially  mentioned. 

4.  Authorities  on  Viae  Publioae  m  ff^  other 
Provinces  of  the  Empire,  —  Archaeologia,  L  c. 
Bergier,  op,  cit,  C.  I.  L.,  vol.  ii.,  ed.  Hiibner, 
1869  (with  maps):  Viae  Publicae  Lusitaniae 
(pp.  619-625)  ;  Baeticae  (pp.  626-632) ;  Tarra- 
conensis  (pp.  632-656).  ibid.,  vol.  iii.,  parts  1 
and  2,  ed.  Mommsen,  1873  (with  maps):  Viae 
Publicae  Syriae  PaJaestinae  (p.  21);  Syriae 
Littoralis  et  Mediterraneae  (pp.  35-40) ;  Cypri 
(pp.  42,  43);  Ciliclae  (p.  44);  Cappadociae  et 
Galatiae  (pp.  56,  57);  Ponti  et  Bithyniao 
(p.  61);  Asiae  Minoris  (pp.  87-90);  Achaiaa 
(p.  Ill);  Macedoniae  (pp.  127,  128);  Daciae 
(p.  256) ;  Moesiae  Superioris  (p.  269) ;  Dalma- 
tiae  (pp.  406-408) ;  Pannoniae  Inferioris  (pp. 
464-471) ;  Pannoniae  Superioris  (pp.  572-577) ; 
Norici  (pp.  692-702);  Raetiae  (pp.  735-740). 
Ibid.,  vol.  Tiii.,  parts  1  and  2,  pp.  859-910,  ed. 


954 


VIATICUM 


Wilmaiuuy  1881  (with  mapi):  Viae  Pnblicae 
ProTincianiin  AfricanarQixL  IbidL,  vol.  xii^  pp. 
632-682,  ed.  Hirschfeld,  1888  (with  nuiM): 
YiAe  Publicae  GalUae  Narbonemifl.  Pastel  de 
CoTilanges:  La  Monarchie  I^ranque,  pp.  254-256, 
Paris,  1888.  Lenth^ric:  Les  VUlea  Mortes  du 
Gdfe  de  Lyon,  3rd . edition,  Paris,  1879.  Id.: 
La  Frovenoe  Afaritime,  Paris,  1880.  Parthey 
et  Pinder,  op.  cU.  JHcHonary  of  Greek  and 
Soman  Geogr<mhy,  1.  c.  [H.  A.  P.3 

YIA'TICUM  (^<^^iov)ia,  properly  speaking, 
everything  necessary  for  a  person  setting  out  on 
a  joui-ney,  and  thus  comprehends  money,  pro- 
visions, dresses,  vessels,  &c.  (Plant.  Epid.  v.  1, 
9 ;  Plin.  Epigi,  vii.  12 ;  Cic  de  SefMd.  18,  66). 
When  a  Boman  magistrate,  praetor,  proconsul, 
or  qnaestor  went  to  his  province,  or  an  envoy 
on  any  mission  from  the  senate,  the  state  pro> 
vided  him  with  all  that  was  necessary  for  his 
joomey.  Hence  the  provision  is  ouled  also 
tegatwwn  (Dig.  50,  4, 18, 12).  But  as  the  sUte 
in  this  as  in  most  other  cases  of  expenditure 
preferred  paying  a  sum  at  once  to  having  any 
part  in  the  actual  business,  the  state  engaged 
contractors  (redbnptores),  who  for  a  stipidated 
sum  had  to  provide  the  magistrates  with  the 
viaticum,  the  principal  parts  of  which  appear  to 
have  been  beasts  of  bniden  and  tents  (Liv.  zli. 
1 ;  Dio  Cass.  liii.  15).  Augustus  onoe  for  all 
fixed  a  sum  in  proportion  to  their  rank  to  be 
given  to  magistrates  on  setting  out  for  their 
provinces,  so  that  the  redemptores  had  no  more 
to  do  with  it,  nor  had  any  vote  to  be  passed 
(Cic  ad  Fam,  zii.  3;  Verr,  i.  22,  60;— Suet. 
Aj^.  36 ;  Cell.  xvii.  2,  13 ;  Dio  Cass.  lii.  23, 
liii.  15).  The  power  of  demanding  these  supplies 
was  warranted  by  the  insignia  of  the  magistrates. 
Envoys  were  accredited  by  their  ring  (Zonar. 
viii.  6 ;  Leoatus,  p.  24  6).  See  also  Mommsen, 
Staattrecfit,  i.  301.  [L.  S.]    [G.  £.  M.] 

YIATOB  was  a  servant  who  attended  upon 
and  executed  the  commands  of  certain  Roman 
magistrates,  to  whom  he  bore  the  same  relation 
as  the  lictor  did  to  other  magistrates.  The 
name  viatoree  was  derived  from  the  circumstance 
of  their  being  chiefly  employed  on  messages 
either  to  call  upon  senators  to  attend  the 
meeting  of  the  senate,  or  to  summon  the  people 
to  the  comitia,  &c.  (Cic.  de  Senect.  16,  56 ;  Fest. 
p.  371 ;  cf.  Plin.  If.  N.  xviii.  §  20).  Those 
magistrates  who  had  no  lictors  employed  their 
viatores  instead  (Liv.  ii.  56,  iii.  56 ;  Cic  in  Vat. 
9,  22  ;  Tribuncs).  Here  they  had  to  carry  out 
the  jua  prendendi  but  not  vocandi.  On  the 
other  hand,  those  magistrates  who  had  lictors 
used  the  lictors  as  their  personal  attendants 
[see  Liciob],  but  the  viatores  to  summon  the 
senate  and  for  other  oilicial  messages  (Lav.  vi. 
15,  viii.  18,  xzii.  11,  xli.  15 ;  Cic  pro  Quent. 
27,  74).  The  viatores  of  the  Aerarian  quaes- 
tors were  employed  as  subordinates  in  the 
Aerarium. 

Viatores  were  mostly  freedmen  or  of  low 
birth  (Val.  Max.  ix.  1,  8);  but  those  of  the 
Quaestores  aerarii  were  of  equestrian  rank  (C  7. 
X.  xiv.  169^  3544).  Mommsen  infers  from 
inscriptions  that  there  were  three  decuriae  of 
viatores  for  the  superior  masistrates  (one 
being  reserved  for  consuls),  and  one  de  curia 
for  tribunes  (see  Mommsen,  Staaisrecht,  i. 
360  f.,  and  inscriptions  there  cited).  Viatores 
were  employed  also  as  attendants  by  Augurs, 


VICT0BIATU8 

Septemviri  Epulones,  and  Sodalea-Aagnstalea 
(Marquaidt,  StaaUverw.  iii.  226). 

[L.  S.]  [G.  E.  M.] 
VICA'Rn  8EBVI.  [Sebyto.] 
VICB'8IMA,a  tax  of  5  per  cent.  (1)  V%ct- 
sima  libeHaHe  {C,  L  L.  x.  3875>  When  m  slave 
was  manumitted,  the  state  claimed  5  per  cent. 
on  his  value,  by  a  law  passed  in  357  B.C.  (liv. 
vii.  16;  Cic  AH.  ii.  16,  2 ;  Wilmanns,  £xnmpia 
Inaeriptumum  LaUnarvm,  314).  The  fund  thus 
raised  was  for  some  time  at  leatt  kept  in  reserve 
ad  u/iimot  casia ;  e.g.  it  was  used  in  a  crisis  of 
the  Second  Punic  War,  B.a  209  (Liv.  xxvii.  10). 
The  amount  was  doubled  by  Caracalla  and  re- 
duced to  its  original  rate  by  Macrinus  (Dio  Cass. 
IxviL  9,  IxvUi.  12).  The  Ux,  like  others,  was 
farmed  to  publioani  (Arrian,  EpkL  iL  1,  26; 
iv.  1, 33;  C.  /.  L.  x.  3875);  but  under  the  Empire 
it  came  to  be  managed  by  procwratorea.  The 
slave  paid  it  (Arrian,  JSpict.  iv.  1,  33);  if  the 
master  chose  to  pay,  the  slave  was  said  to  enjoy 
gratmta  liberUu  (Suet.  Veep.  16> 

(2)  Vioenma  heredUatiwn  et  legatorvmf  legacy- 
duty.    This  differs  from  all  other  vecUgaHa  by 
touching  Roman  citizens  only:  it  was  thus  m 
sort  of  set-off  against  the  disappearance  of  tri" 
hutum  and  the  absence  of  land-tax  from  Italy. 
Every  Roman  citizen  had  to  pay  to  the  agrarium 
mUitare  (Aerajuuv)  5  per  cent,  on  any  inhe- 
ritance or  legacy  left  him.    None  were  exempt 
except  the  nearest  relatives  of  the  deceased  (sw 
heredee)  and  persons  whose  legacy  or  inheritance 
did  not  exceed  a  certain  (unknown)  sum  (Dio 
Cass.  Iv.  25,  Ivi.  28;  Plin.  Pan^.  37,  39  ;  UUt. 
Aug.  M.  Aur.  11).    Peregrini  and  Latini  who 
had  become  Roman  citizens  had,  in  a  legal  sense, 
no  relatives,  and  were  therefore  obliged  in  all 
cases  to  pay  the  duty  (Plin.  Paneg.  37).     It  is 
often  said  to  have  been  introduced  by  Angtistus, 
in  AJ).  6  ;  but  it  is  probably  older  (Plin.  Ptmeg. 
42,  and  Hirschfeld,  Ontereuchunjien,  pw  62 ;  also 
VOOONIA  Lex);  or  was  at  least  tried  by  the 
triumrirs  in  R.a  40  (App.  B.C.  v.  67).     It  was 
of  course  unpopular  (Dio  Cass.  Ivi.  28).     Cara- 
calla, in  granting  the  Roman  citizenship  to  all 
subjects  of  the   Empire,  a  step  which   would 
of  itself  make  the  tax  far  more  productive,  al^o 
doubled  the  amount ;   but  Macrinus  brought  it 
back  to  5  per  cent.  (Id.  Ixvii.  9,  IxriiL  12  ;  Hist. 
Aug.  HeUog,  12).     It  had  disappeared  altogether 
before  Justinian  (Cod.  Just.  6,  33,  3).      We  do 
not  know  whether  it  had  to  be  paid  by  citizens 
on  property  situated  in  the  prorinces.    The  tax 
was  farmed   out  to  pubUoani,  and  afterwards 
managed  by  procuraiorea  Augueti  viosmnas  htrt- 
ditcUhon  ;  a  itatio  hereditatium  occurs  in  inscrip- 
tions [STATIONE8  Kiacx].     (0.  Hirschield,   Cn- 
terauchvnffen    ctue    dem    Qebiete    der   rfeKitchm 
VenonltvngageschtcKte,  1876.)  [F.  T.  R.j 

V1C0MAGI8TRL  [Vicui.] 
VrOTIMA.  [Saceificium.] 
VIGT0BIA'TXJ8  was  the  name  of  a  Roman 
coin  of  considerable  importance  in  the  time  of 
the  Roman  Republic,  so  called  because  it  bore 
the  type  of  Victory  crowning  a  trophy.  Its 
origin  is  doubtful ;  but  it  makes  its  a|^>eaTance 
in  Italy  towards  the  end  of  the  3rd  century  BX.* 
first  in  Campania  and  then  in  other  parts  of  the 
Roman  dominions  and  in  Rome  itself.  Th^ 
weight  is  three  scruples,  or  three  sestertii ;  %hst 
is  to  say,  three-fourths  of  the  denarius,  or  about 
45  grains.    It  has  been  disputed  whether  the 


VICUS 

"weight  of  the  Yictoriatus  was  taken  from,  that 
of   the    contemporary  coins  of   lUyria    (after 


ViaiNTI  SEX  VIBI 


955 


Boman  Vlctorlatnfl. 

B.C.  329),  or  whether  the  rererte  was  the  case. 
The  convenience  of  the  coin  lay  in  the  fact  that 
it  was  equal  in  yalne  to  the  drachms  of  the 
lUyrian,  Achaian,  Rhodian,  Massilian,  and  other 
important  currencies.  Its  importance  in  cor- 
rency  is  fully  attested  by  numerous  finds. 
Beside  the  Tictoriatus,  its  half,  weighing  about 
22  grains,  also  circulated. 

The  weight  of  the  victoriatus  soon  fell ;  and 
at  a  period  put  by  Mommsen  at  about  B.C.  104, 
but  by  other  writers  earlier,  quinarii  or  half 
denarii  were  issued  with  the  types  of  the  ric- 
toriatus,  and  after  that  time  eren  Tictoriate 
coins  issued  earlier  but  still  in  circulation  were 
reckoned  only  as  half  a  denarius.  [P.  G.] 

YIOUS  (akin  to  oIkos),  a  term  used  in  different 
applications. 

1.  In  the  earliest  times  the  rarious  Italian 
nations  appear  to  have  liyed,  not  in  towns,  but 
in  cantons  ipoffty,  consisting  of  an  indefinite 
namber  of  vtct  or  homesteads,  with  one  common 
place  of  shelter  (arx  or  castelltan)  in  time  of  war, 
sometimes  itself  called  pagus.  The  term  pagus 
fell  out  of  use,  being  replaced  by  more  precise 
names,  but  vkus  continued  to  denote  a  hamlet  or 
similar  group  of  buildings,  attached  to  a  town ; 
hence  the  word  is  oflen  translated  **  village." 
Cf.  the  Lex  Rubria  and  Lex  Julia  in  C  /.  X.  i. 
205,  206. 

2.  In  towns  the  word  vicus  means  *'  a  street " 
or  "quarter"  (cf.  Varro,  X.  Z.  r.  145:  "in 
oppido  rici  a  yia,  quod  ex  utraque  parte  yiae 
sunt  aedificia  ")l  Strictly  speaking,  it  seems  to 
hare  denoted  a  block  of  buildings  bounded  by 
the  streets  (jplateae)  and  the  alleys  (angiportu8% 
but  it  was  doubtless  used  with  some  latitude 
(Jordan,  Top,  Eouuy  ii.  p.  80).    Cf.  ticu»  IWscus, 

3.  According  to  tradition,  Serrius  TuUius 
dirided  the  city  of  Rome  into  four  tribes, 
each  subdiyided  into  loicLf  while  the  country 
tribes  were  dirided  into  pagi;  and  when 
Augustus  in  B.C.  8  rediyided  the  city  into 
fourteen  regions,  each  region  was  still  sub- 
divided into  mci  (Suet.  Aug,  30  ;  Dio  Cass.  ly. 
8).  It  is  not  always  possible  to  separate  our  in- 
formation as  to  the  earlier  otci  from  that  which 
bears  upon  the  later  ones ;  but  there  is  no 
reason  to  believe  that  any  important  changes 
were  made ;  and  perhaps  Mommsen  is  right  in 
regarding  the  redivision  as  mainly  intended  to 
organise  better  the  worship  of  the  Lares  Compi- 
tales.  The  vici  in  the  different  regknn  varied  in 
number :  the  total  under  Augustus  was,  accord- 
ing to  Pliny  (A  N,  iii.  §  66),  265:  under  Con- 
stantine  there  must  have  been  at  least  307. 
The  tid  were  administered  by  magistri  viofnrwn 
(vioo  magistrt),  elected,  four  for  each  oictis  (cf. 
the  baaia  CapMina  in  C.  /.  X.  vi.  975,  t6.  445 
£),  from  the  commons,  mostly  lihtrii ;  it  is  pro- 
bable that  the  four  took  tarns  to  act  as  tnagister. 


Hadrian  fixed  the  number  of  magistri  vioomm  at 
48  for  each  region,  irrespective  of  the  namber  of 
vici ;  and  this  is  the  number  which  we  find  in 
the  Notitia  of  the  time  of  Constantine  (Jordan, 
ii.  541  ff). 

Besides  the  oversight  of  the  drains  and 
fountains  and  a  general  police  supervision 
under  the  aediles,  the  c)iief  duty  of  the  magistri 
vioomm  consisted  in  providing  for  the  worship 
of  the  Lares  Compitales,  at  the  sacelia  usually 
erected  at  the  crossways.  These  formed  part  of 
the  popular  religion,  and  were  maintained  by 
the  ooilegia  compitaiicia:  but  they  acquired 
increased  importance  after  Augustus  added  to 
the  two  Lares  Compitales  the  Genius  Augusti 
(Suet.  Aug,  31),  fixed  the  festival,  which  pre- 
viously had  been  feriae  ooneepHvae,  for  two  days 
in  May  and  August  (probably  the  Kalends),  and 
granted  the  magistri  the  privilege  of  appearing 
in  the  toga  praetexta  attended  by  two  lictors. 
(Cf.  Marquardt,  iii.  200 ;  Ascon.  m  Pis,  p.  7.) 
The  Compitalia  were  probably  identical  with  the 
Laralia  (cf.  Mommsen,  C  X  X.  L  p.  393) ;  but 
quite  distinct  from  the  Paganalia. 

Oar  information  as  to  the  distribution  of  the 
vici  among  the  regiones  is  mainly  derived  from 
two  descriptions  of  Rome  under  Constantine,  the 
earlier  (a.d.  334)  commonly  called  the  NoUtiOy. 
the  later  (▲.D.  357)  the  Curiontm  wbis  Bomae 
rtgionvun  xiv. :  the  former  was  at  one  time 
ascribed  (in  an  interpolated  form)  to  a  non- 
existent scholar  P.  Victor;  the  latter  with  as 
little  reason  to  Sex.  Rufus.  [A.  S.  W.] 

VICUS.      rUNlVEBSlTAS.] 

VI'GILES.  [ExBBcmM,  Vol.  I.  p.  795.] 
VIGI'LIAB.  [Castra,  VoL  I.  p.  377.] 
VIGINTI  SEX  VIBI  under  the  Republic, 
or  ViQiNTjvnu  under  the  Empire,  a  name 
given  to  a  group  of  minor  magistrates  at  Rome, 
who,  though  of  different  origin  and  functions, 
formed  in  a  certain  sense  a  unity,  from  the  fact 
that  under  the  Republic  it  was  usual,  and  under 
the  Empire  probably  legally  requisite,  for  one  of 
them  to  be  held  before  a  man  could  become  a 
candidate  for  the  quaestorship.  The  former 
name  is  mentioned  by  Festus,  p.  233,  and  Dio 
Cass.  Hv.  26,  and  in  four  inscriptions  (cf. 
C.  1.  X.  L  186),  all  dating  from  the  time  of 
Augustus.  We  do  not  know  whether  it  was  in 
use  earlier.  The  latter  occurs  in  Dio  Cass.  /.  c. 
and  Ix.  5,  and  in  Tac.  Ann,  iii.  29  (cf.  Lipsius' 
note),  but  never  in  inscriptions,  where  the  title 
of  the  special  office  is  always  used.  The  magis- 
trates grouped  under  the  name  were:  1.  tre9 
viri  capitaies ;  2.  trea  viri  aeri  argento  awro 
fiando  feriundOf  sometimes  called  monetcdes ; 
3.  quattuor  viri  viis  in  urbe  purgcmdia ;  4.  dm> 
viri  vOa  extra  urbem  purgcmdia  (abolished  in 
B.C.  20) ;  5.  deoem  viri  litibaa  judioandia ; 
6.  qvMttuor  praefecti  Capuam  Oumaa  (abolished 
under  Augustus).  An  account  of  each  of  these 
has  been  given  under  its  own  heading.  They 
were  probably  all  elected  at  one  time  by  the 
tribes ;  but  under  the  Empire  they  were  chosen 
by  the  senate,  and  it  was  not  usual  that  the 
emperor  should  nominate  any  candidate  for  these 
offices.  But  as  it  was  necessary  that  candidates 
should  possess  the  oenaua  aenatorius  and  the 
latua  ciavua,  those  who  were  not  the  sons  of 
senators  had  to  seek  this  from  the  emperor. 
The  Vigintiviri  had  not  the  right  of  sitting  in 
the  senate,  which  they  obtained  only  by  gaining 


956 


VIGINTIVIRI 


the  qnaesionhip.  The  Vigintivirate  lajt^  till  the 
3rd  centurj  (Spart.  Did.  Jul.  1),  after  which  we 
hear  no  more  of  it.  (Cf.  Mommsen,  Sdm.  Staattr, 
ii.  678-595.)  [A.  S.  W.] 

VIGINTIVIBt.     [YlQINTI  SEX  VIRI.] 

VILLA,  a  farm  or  country-hoase.  The 
Roman  writers  mention  two  kinds  of  Tilla, — 
the  villa  rustioa  or  farm-honae,  and  the  tiilla 
urhana  or  paeudo^urbanoy  a  residence  in  the 
country  or  in  the  suburbs  of  a  town.  When 
both  of  these  were  attached  to  an  estate,  they 
were  generally  united  in  the  same  range  of 
buildings,  but  sometimes  they  were  placed  at 
different  parts  of  the  estate.  The  part  of  the 
villa  ntftioa  in  which  the  produce  of  the  farm 
was  kept,  is  distinguished  by  Columella  by  a 
iseparate  name,  villa  frvctuaria. 

1.  The  villa  nuUoa  is  described  by  Yarro  (R,  S. 
i.  11-13),  VitruTius  (vi.  9),  and  Columella  (i.  4, 
§  5  ff.). 

The  yilla,  which  roust  be  of  size  corresponding 
to  that  of  the  farm,  is  best  placed  at  the  foot  of 
a  wooded  mountain,  in  a  spot  supplied  with 
running  water,  and  not  exposed  to  severe  winds 
nor  to  the  effluvia  of  marshes,  nor  (by  being 
close  to  a  public  road)  to  a  too  frequent*  influx 
of  visitors.     If  there  was  no  running  stream,  it 
was  accounted  of  great  importance  that  tanks 
should  be  constructed,  one  under  cover  for  men, 
one  in  the  open  air  for  the  beasts.    The  villa 
attached  to  a  large  farm  had  two  courts  (ooAort^s, 
diortesj  cartes,  Varro,  i.  13).    At  the  entrance  to 
the  outer  court  was  the  abode  of  the  vUicus,  that 
he  might  observe  who  went  in  and  out,  and  over 
the  door  was  the  room  of  the  procurator  (Varro, 
/.  c. ;  Colum.  i.  6).     Near  this.  In  as  warm  a 
spot  as  possible,  was  the  kitchen,  which,  besides 
being  used  for  the  preparation  of  food,  was  the 
place   where   the    slaves  {famUiae)  assembled 
after  the  labours  of  the  day,  and  where  they 
peiformed    certain    indoor    work.       Vitruvius 
places  near  the  kitchen  the  baths  and  the  press 
{torcular)  for  wine  and  oil,  but  the  latter,  accord- 
ing to  Columella,  though  it  requires  the  warmth 
of  the  nun,  should  not  be  exposed  to  artificial 
heat.    In  the  outer  court  were  also  the  cellars 
for  wine  and  oil  (pellae  vinariaa  et  oleariae% 
which  were  placed  on  the  level  ground,  and  the 
granaries,  which  were  in  the  upper  stories  of  the 
farm-buildings,   and    carefully  protected   from 
damp,   heat,  and    insects.      These  store-rooms 
form  the  separate  vUla  fruduaria  of  Columella ; 
Yarro    places    them  in  the  vUla  rustioa,  but 
Vitruvius  recommends  that  all  produce  which 
could  be  injured  by  fire  should  be  stored  without 
the  villa. 

In  both  courts  were  the  chambers  (cellae)  of 
the  slaves,  fronting  the  south;  but  the  ergastulum 
for  those  who  were  kept  in  chains  (vinctt)  was 
underground,  being  lighted  by  several  high  and 
narrow  windows. 

The  inner  court  was  occupied  chiefly  by  the 
horses,  cattle,  and  other  live  stock,  and  here 
were  the  stables  and  stalls  (bvlrilia,  equilia, 
ovilia). 

A  reservoir  of  water  was  made  in  the  middle 
of  each  court,  that  in  the  outer  court  for  soaking 
pulse  and  other  vegetable  produce,  and  that 
m  the  inner,  which  was  supplied  with  fresh 
water  by  a  spring,  for  the  use  of  the  cattle  and 
poultry. 
2.  The  villa  urbana  or  pseudo-urbana  was  so 


VILLA 

called  because  its  interior  arrangements  corre- 
sponded for  the  most  part  to  those  of  a  town- 
house.  [DoMUS.]  Vitrurias  (vi.  8)  merely 
states  that  the  description  of  the  latter  will 
apply  to  the  former  also,  except  that  in  the 
town  the  atrium  is  placed  close  to  the  door, 
but  in  the  country  the  peristyle  comes  first, 
and  afterwards  the  atrium,  surrounded  by 
paved  porticoes,  looking  upon  the  palaestra  and 
ambulatio. 

A  striking  difference  in  the  general  aspect  of 
a  conntry-houM  from  that  of  a  town-house  lay 
in  the  fact  that  the  blank  walk  of  the  Utter 
were  replaced  by  long  colonnades,  broken  by 
towers,  apses,  and'  the  like.  Cf.  the  view  of  a 
villa  near  the  sea  given  in  a  painting  from 
Pompeii  by  Guhl  and  Koner,  fig.  393. 

Our  chief  sources  of  information  on  this  snb- 
ject  are  two  letters  of  Pliny,  in  one  of  which 
(ii.  17)  he  describes  his  Laurentine  villa,  in  the 
other  (v.  6)  his  Tuscan.  The  former  of  these, 
however,  was  not,  strictly  speaking,  a  vUla^  as 
it  had  no  estate  or  farm-buiidings  attached  to 
it :  the  latter  was  connected  with  a  large  estate. 
There  are  also  a  few  allusions  in  one  of  Cicero'» 
letters  (ad  Quint,  iii.  1),  and,  as  a  moat  impor- 
tant illustration  of  these  descriptions,  the  re- 
mains of  a  suburban  villa  at  Pompeii,  of  which 
a  view  and  a  plan  are  given  by  Overbeck, 
Pompeii,  p.  325  ff. :  cf.  Guhl  and  Koner,  lig. 
392. 

The  Tuscan  villa  was  approached  bv  an  avenue 
of  plane-trees  leading  to  a  colonnade,  in  front  of 
which  was  a  xysttu  divided  into  flower-beds  by 
borders  of  box.     This  xystus  formed  a  terrace, 
from  which  a  grassy  slope,  ornamented  with  box- 
trees  cut  into  the  figures  of  animals,  and  formini^ 
two  lines  opposite  to  one  another,  descended  till 
it  was  lost  in  the  plain,  which  was  covered  with 
acanthus  (Plin.  v.  6).    Next  to  the  portico  was 
an  atrium,  smaller  and  plainer  than  the  corre- 
sponding apartment  in  a  town-house.     In  this 
respect  Pliny's  description  is  at  variance  with 
the  rule  of  Vitruvius ;  and  the  villa  at  Pompeii 
has  also  no   atrium.      It   would   appear   from 
Cicero  (/.  e.)    that    both    arrangements    were 
common.    Next  to  the  atrium  in  Pliny's  Lauren- 
tine  villa  was  a  small  semicircular  peristyle 
(porticus  in  D  Ulerae  simSitudinem  drcwnacia^, 
where,  however,  the  reading  O  is  also   given 
instead  of   D).      The    intervals    between    the 
columns  of  this  peristyle  were  closed  with  talc 
windows  (specularilms ;  see  DoM US,  YoL  I.  p.  686), 
and  the  roof  projected  considerably,  so  that  it 
formed   an    excellent  retreat   in  unfavourable 
weather.    The  open  space  in  the  centre  of  this 
peristyle  seems  often  to  have  been  covered  with 
moss  and  ornamented  with  a  fountain.    Opposite 
to  the  middle  of  this  peristyle  was  a  pleasant 
oavaedium,  and  beyond  it  an  elegant  triclinium, 
standing  out  from  the  other' buildings,   with 
windows  or  glased  doors  in  the  front  sind  sides, 
which  thus  commanded  a  view  of  the  grounds 
and  of  the  surrounding  country,  while  behind 
there  was  an  uninterrupted  view  through  the 
cavaedium,  peristyle,  atrium,  and  portico  into 
the  xystus  and  the  open  country  beyond. 

The  details  of  the  other  chambers  are  less 
clear;  and  though  in  CastelPs  ViOm  af  tke 
Ancients  there  are  numerous  plans  illnstratiDg 
them,  much  is  based  upon  mere  conjecture 
(cf.  Schinkel  in  the  ArchOektunObma^  Part  7, 


VILLA 

Berlin,  1862).  There  is  mention  of  leveral 
chambers,  a  room  with  an  apee,  serving  as  a 
library,  and  servants'  rooms;  while  the  other 
wing  is  oocnpied  with  dining-rooms,  baths,  a 
tower,  at  the  base  of  which  are  two  sitting- 
rooms,  a  dining-hall,  and  another  tower  with 
store-rooms.  Pliny  further  describes  with  much 
satisfaction  the  colonnade  (cryptoporticus)  which 
runs  round  the  garden,  and  other  embellish- 
ments. 

In  the  villa  at  Pompeii  the  arrangement  is 
somewhat  different,  and  corresponds  in  its  main 
features  with  the  rules  laid  down  by  Vitruvius. 
The  entrance  is  in  the  Street  of  the  Tombs.  The 
portico  leads  through  a  small  three-cornered 
space,  due  to  the  fact  that  the  building  does  not 
stand  square  with  the  road,  into  a  large  square 
peristyle  paved  with  opus  ngninttm,  and  having 
an  impluvium  in  the  centre  of  its  uncovered 
area.  Round  this  are  various  bed-rooms  and 
other  small  chambers,  and  a  set  of  bath-rooms. 
Beyond  it  is  an  open  hall,  resembling  in  form 
and  position  the  tablinum  in  a  town-house.  Next 
is  a  long  gallery  extending  almost  across  the 
whole  width  of  the  house,  and  beyond  it  is  a 
large  cyzicene  oecus,  corresponding  to  the  large 
triclinium  in  Pliny's  villa.  This  room  looks  out 
upon  a  spacious  court,  which  was  no  doubt  a 
zvstus  or  garden,  and  which  is  surrounded  on 
all  sides  by  a  colonnade  composed  of  square 
pillars,  the  top  of  which  forms  a  terrace.  In 
the  farthest  side  of  this  court  is  a  gate  leading 
out  to  the  open  country.  As  the  ground  slopes 
downward  considerably  from  the  front  to  the 
back  of  the  villa,  the  terrace  just  spoken  of  is 
on  a  level  with  the  cyzicene  oecus,  the  windows 
of  which  opened  upon  it ;  and  beneath  the  oecus 
itself  is  a  range  of  apartments  on  the  level  of  the 
large  court,  which  were  probably  used  in  sum- 
mer, on  account  of  their  coolness. 

The  other  rooms  were  so  arranged  as  to  take 
advantage  of  the  different  seasons  and  of  the 
surroonding  scenery.  (For  the  importance  at- 
tached to  a  fine  view,  cf.  Friedl&nder,  SUtengr- 
9ch»chte  RomSf  ii.*  p.  200.)  Of  these,  however, 
there  is  only  one  which  requires  particular 
notice ;  namely,  a  state  bed-chamber,  projecting 
from  the  peristyle  in  an  elliptic  or  semicircular 
form,  so  as  to  admit  the  sun  during  its  whole 
course.  This  apartment  is  mentioned  by  Pliny, 
and  is  also  found  in  the  Pompeian  vUla.  In 
Pliny's  Laurentine  villa  its  wall  was  fitted  up  as 
a  library. 

The  villa  contained  a  set  of  baths,  the  general 
arrangement  of  which  was  similar  to  that  of  the 
public  baths.    [Balneae.] 

Attached  to  it  were  a  garden,  ambulaiiOf  jjfes- 
iatiOf  hippodrcmua^  sphatriBteriumy  and  in  short 
all  necesssry  arrangements  for  enjoying  different 
kinds  of  exercise.    [Hobtdb  ;  Gymnasium.] 

Becker-GOll's  GaUtUj  vol.  iii.  pp.  46-63  ; 
Schneider's  notes  on  Columella  and  Varro,  and 
Gierig's  on  Pliny,  contain  many  useful  remarks. 
The  remains  of  the  Roman  villas  in  England 
have  been  discussed  (with  plans)  by  Mr.  Neville 
in  the  ArchaeohgiccU  Journaif  vols.  ii.  vi.  vii.  x. 
For  Pliny's  Laurentine  villa,  cf.  Cowan's  edition 
of  Pliny,  i.-ii.  (with  a  plan),  Burn's  JRcme  and 
the  Campama,  pp.  411-415  (with  a  plan),  and 
especially  Prof.  Aitchison's  lecture  (with  plans) 
in  TKe  BvOder  for  Feb.  8,  1890. 

[P.  S.]    [A.S.W.] 


VINDIOATIO 


957 


VIXUCU8,  VrUOUS  CMrpons  in  Greek 
writers,  Pint.  Crass,  4),  a  slave  who  had  the 
superintendence  of  the  villa  rusHca^  and  of  all  the 
business  of  the  farm,  except  the  cattle,  which 
were  under  the  care  of  the  magisUr  peooris 
(Varro,  Ji.  Ji,  i.  2).  The  duties  of  the  vilicus 
were  to  obey  his  master  implicitly  and  to 
govern  the  other  slaves  with  moderation,  never 
to  leave  the  villa  except  to  go  to  market,  to 
have  no  intercourse  with  soothsayers,  to  take 
care  of  the  cattle  and  the  implements  of  hus- 
bandry, and  to  manage  all  the  operations  of  the 
farm  (Cato,  B.  Ji,  5,  142).  His  duties  are 
described  at  great  length  by  Columella  (xi.  1 
and  L  8),  and  those  of  his  wife  (vilioa)  by  the 
same  writer  (xii.  1)  and  bv  Cato  (c  143). 

The  vilicus  is  properly  distinct  from  the 
actor  (olcor^/ios)  who  had  charge  of  fixiance, 
payments,  &c  The  vilicus  is,  however,  some- 
times called  actor  praedii.  (Marqnardt,  Private 
leben,  139,)  [P.  a]    [G.  E.  M.] 

YINAlilA.  There  were  two  festivals  of 
this  name  celebrated  by  the  Romans:  the 
Vinalia  wbana  or  priora,  and  the  Vinalia  rustica 
or  altera.  The  vinalia  urbana  were  celebrated 
on  the  23rd  of  April.  This  festival  answered 
to  the  Greek  riBotylOf  as  on  this  occasion  the 
wine  casks  which  had  been  filled  the  preceding 
autumn  were  opened  for  the  first  time,  and  the 
wine  tasted  (Plin.  If.  N.  xviii.  f  287).  But 
before  men  actually  tasted  the  new  wine,  a  liba- 
tion was  offered  to  Jupiter  (Fest.  Ep,  p.  374, 
12),  which  was  called  oalpar  (Id.  p.^,  13). 

The  rustic  vinalia,  which  fell  on  the  19th  of 
August  (Plin.  ff,  N.  xvUi.  §  289 ;  Varro,  L,  L. 
vi.  20)  and  was  celebrated  by  the  inhabitants  of 
all  Latium,  was  the  day  on  which  the  vintage  was 
opened.  On  this  occasion  the  fiamen  dialis  offered 
lambs  to  Jupiter,  and  while  the  flesh  of  the  victims 
lay  on  the  altar  he  broke  with  his  own  hands  a 
bunch  of  grapes  from  a  viae,  and  by  this  act  he, 
as  it  were,  opened  the  vintage  (vindimudm 
auspican;  Varro,  X.  Z.  vi.  16),  and  no  must 
was  allowed  to  be  conveyed  into  the  city  until 
this  solemnity  was  performed.  This  day  also 
was  sacred  to  Jupiter  only  originally  (Fest. 
p.  265,  28),  but  afterwards  to  Venus  also,  being 
the  day  of  dedication  for  her  temples  in  Murcia 
valle  and  in  Luoo  Libitinae  (Fest.  p.  265,  31). 
The  question  what  Venus  had  to  do  with  the 
Vinalia  is  raised  by  Ovid  (Fast  iv.  877),  but 
not  answered.  We  may  be  content  with  Varro's 
account,  that  Venus  took  gardens  under  her 
protection  (/?.  /?.  L  1,  6  ;  X.  Z.  vi.  20 ;  cf.  Fest. 
JSp,  p.  58,  14 ;  Marqnardt,  Staatsterwaltung,  iii. 
pp.  333,  374).  [US.]    [G.  E.  M.] 

VINDEBIIA'LIS  FE'BIA.    [Feriae.] 

VINDEX.  [Actio,  Vol.  I.,  p.  146;  Mands 
lKJBGno.1 

VINDIOATIO.  Actions  were  divided  by 
the  Roman  jurists  into  two  classes :  real  (th  rem) 
and  personal  (in  personam),  Actiones  in  rem  or 
actions  about  the  title  to  ownership  (dominium) 
and  other  real  rights  were  called  vindioationes ; 
actiones  in  personam  or  actions  for  the  enforce- 
ment of  obligations  arising  from  contract  and 
delict  were  called  oondictiones  (Gains,  iv.  2-5 ; 
Ulpian,  Dig.  44,  7,  25,  pr.).  Vindicatio  in  this 
wide  sense  includes  not  only  strictly  proprietary 
actions,  but  also  actions  respecting  family  rights 
and  rights  of  status;  as,  e.g.,  an  action  as- 
serting that  a  man  is  free  (cf.  the  expressions  m 


958 


VINDICATIO 


libertatfm,  tn  servitutem,  in  ingenuitatem  vindi- 
catioy  The  term  vindicaHo  is,  however,  gene- 
rally  used  in  legal  writings  in  a  narrower  sense, 
signifying  simply  an  actio  in  rem  by  which 
dominium  of  a  corporeal  thing  is  claimed  (rei 
vindicatid),  CondicHo  also  came  to  have  a  much 
more  restricted  meaning.  [Actio.]  The  dis- 
tinction between  vindicationes  and  condictiones  is 
an  essential  distinction,  which  is  not  affected 
by  changes  in  the  form  of  procedure,  such  as 
that  of  the  substitution  of  the  formulae  for 
legis  actiones.  The  forms  of  the  legis  actio 
procedure  bring  most  clearly  to  light  the 
characteristics  of  a  vindicatio,  showing  how 
distinctly  the  early  Romans  had  conceived  the 
idea  of  individual  ownership  of  property.  They 
also  explain  the  origin  of  the  word  xfindicatio. 
The  five  modes  of  proceeding  lege  (Gains,  iv. 
12)  were  8<»cramstitOy  per  judicia  postulationem, 
per  condiciicnem,  per  manus  injectionem,  per 
pignorie  capkmem  (P.,  J.  P.,  P.  O,  Ma*  ln%  Per 
Pign.  C™).  A  man  might  proceed  sacramenio 
either  in  the  case  of  an  actio  in  personam  or  in 
rem,  this  action  being  a  general  one  applicable 
in  all  cases  where  there  was  no  other  prescribed 
by  law  (Qaius,  iv.  13).  It  was  the  only  legis 
actio  by  which  an  actio  in  rem  could  be  brought. 
In  this  action  it  was  necessary  that  each  party 
should  make  himself  liable  to  a  penalty  (swnma 
sacramenti)  in  the  event  of  his  failing  in  the 
cause.  The  condition  of  the  penalty  was  in  fact 
the  existence  or  non-existence  of  the  right 
claimed  by  the  plaintiff,  whatever  that  right 
might  be.  Thus  the  process  assumed  the  form 
of  a  suit  to  determine  which  of  the  parties  had 
forfeited  the  penalty,  owing  to  the  assertion  of 
right,  on  which  he  had  staked  it,  proving  un- 
founded C'utrius  sacramentum  justum,  utrius 
injustum  sit,"  Cic.  pro  Caec,  S3,  97  ;  pro  DomOj 
29, 78),  though  the  real  object  of  the  proceeding 
was  to  determine  the  dispute  between  the 
litigants.  The  Praetor  took  secunij  (prcKdes) 
from  both  parties  for  the  amount  of  the  sacra- 
mentum ;  which  the  party  who  failed  paid  as  a 
penalty  (poenae  nomine)  to  the  public  treasury 
[Aerabium].  The  sums  of  money  were 
originally  deposited  m  eacro;  what  was  forfeited 
was  devoted  to  sacred  purposes,  whence  the 
term  aacrcanentum^  the  successful  party  receiv- 
ing his  money  back  (Varro,  Z.  L.  v.  36,  180 ; 
''utrique  ad  pontem  deponebant,"  Feat.  s.  v. 
sacramentian :  cf.  Voigt,  Zwdlf  Tafeln,  ii.  6, 
D.  d,  who  compares  with  the  sacramentum  the 
irpurayeta  of  Athenian  procedure;  Meier  and 
SchOmann,  Att,  Fr.  603).  The  poena  of  the 
sacramentum  was  quingenaria ;  that  is,  quingenti 
(500)  asses,  in  cases  when  the  property  in  dis- 
pute was  of  the  value  of  1,000  asses  and  up- 
wards ;  and  in  cases  of  smaller  value  it  was  50 
asses.  This  was  a  provision  of  the  Twelve 
Tables ;  but  if  a  man*s  freedom  (jtibertcu)  was  at 
issue^  the  poena  was  never  more  than  50  asses. 
The  penalty  appears  to  have  been  originally  a 
fixed  number  of  cattle  (Voigt,  op,  cit  ii.  §  61). 
Gains  (iv.  16)  describes  in  some  detail  the  form 
of  the  actio  sacramenti  when  it  was  a  proceeding 
for  vindicating  ownership  (rei  vindioatio).  The 
forms  of  the  action  must  have  been  in  some 
respects  modified  when  its  object  was  a  servitude 
or  an  inheritance. 

In  the  case  of  an  actio  sacramenti  in  personam, 
there  would  be  no  assertion  of  quiritary  right 


VINDICATIO 

over  a  specific  object,  but  simply  a  claim  by  the 
plaintiff  against  the  defendant  on  account  of  an 
obligatio  between  them.  If  it  was  an  actio  in 
rem — ^that  is,  a  rei  vindicatio-^movable  things 
and  moving  things  (mobHia  et  moventia)  that 
could  be  brought  or  led  into  court  were  claimed 
before  the  Praetor  (m  jure  vindicabcaUtir)  thus 
(Gains,  iv.  16) :  he  who  claimed  a  thing  as  his 
property  (^t  vindicabat)f  holding  a  rod  in  his 
hand,  and  laying  hold  of  the  thing,  it  might  for 
instance  be  a  slave,  said,  *^  This  man  I  claim  as 
mine  by  due  acquisition  by  the  law  of  the 
quirites*'  (^'Hunc  ego  hominum  ex  jure  qni- 
ritium  meum  esse  aio  secundum  soam  caosam :  ** 
cf.  Plant.  Bud.  v.  3,  86 ;  Cic.  pro  Mur,  12,  26. 
For  a  different  interpretation  of  the  words 
secundum  suam  causam,  see  Voigt,  Zw9ff  Tafeln^ 
ii.  §  74,  n.  11\  "  See,  as  I  said,  1  have  put 
my  spear  on  him  "  (^  sicnt  dixl,  ecee  tibi,  rin- 
dictam  imposui ") ;  and,  saying  this,  he  placed 
his  rod  on  the  thing.  The  other  party  then 
said  the  same  words  and  performed  the  same 
acts.  The  laying  hold  of  the  thing  by  the  vio- 
dicant  seems  to  be  a  symbolical  act  of  aelf-help, 
by  which  possession  of  the  object  is  taken,  while 
the  putting  the  wand  on  the  thing,  which 
Gains  tells  us  was  a  substitute  for  a  spear,  is 
an  act  of  pretended  violence  ("vis  dvilis  et 
festucaria,"  Gell.  xx.  10,  6),  signifying  the 
intention  of  the  claimant  to  maintain  himself 
in  possession  by  force  against  any  attack.  Ac- 
coi^ingly  the  word  vMicare  (vmdtcvre,  rm 
dicere)  perhaps  originally  meant  to  declare  force ; 
that  is,  to  assert  one's  right  to  a  thing  by  force. 
(0.  Mfiller,£'<ym.  Erdrier, ;  Bethmann-HoUwei?, 
Civ,  Froc,  I  §  40,  n.  23 ;  Voigt,  i.  §  53,  n.  25^; 
ii.  §  74.)  Cf.  acero's  definition  of  vindicatio 
(de  Inv.  ii.  53,  161).  This  claiming  of  a  thing 
as  property  by  laying  the  hand  on  it,  and  by 
using  solemn  words,  together  with  the  toadiing 
the  thing  with  the  spear  or  wand,  was,  when  it 
had  been  completed  by  both  parties  to  the  action, 
"  in  jure  manum  conserere," — that  is,  the  parties 
thus  contended  before  the  magistrate  for  the 
thing,  each  asserting  by  words  and  acts  that  he 
was  owner  of  it  C  manu  asserere  liberali  causa  " 
is  to  take  hold  in  a  vindication  claiming  the 
liberty  of  a  slave,  Plaut.  Foen,  iv.  2,  84;  v.  2, 
4,  42,  &c) :  this  phrase  is  as  old  as  the  Twelre 
Tables  (cf.  Gell.  xx.  10,  9,  "in  jure;apad  Prae- 
torem  manum  conaererent  '^  (For  the  different 
modem  interpretations  of  the  words  manwn 
coMerere,  see  Bethmann-HoUweg,  Gra  Froc,  1. 
§  40.)  It  is  to  be  noticed  that  in  the  rindication 
no  distinction  is  made  between  plaintiff  and 
defendant,  each  party  claiming  ^ownership  in 
exactly  the  same  form. 

The  parties  having  vindicated  the  object  in 
turn,  the  Praetor  then  said:  "MIttate  ambo 
(rem)  hominem  "  ("  Let  the  (thing)  man  alone  ") 
— a  command  which  the  claimants  obeyed,  thus 
surrendering  possession  of  the  property  to  the 
magistrate.  It  would  seem  that  the  repre- 
sentative of  the  state  here  intervenes  in  the 
quarrel  in  order  to  prevent  the  parties  from 
committing  a  breach  of  the  peace  by  taking  the 
law  into  their  own  hands.  Then  he  who  had 
made  the  first  vindicatio  thus  addressed  bis 
opponent,  "  Postulo  anne  dicas  qua  ex  causa 
vlndicaveris "  ("  I  demand  a  statement  of  the 
nound  of  your  claim : "  cf.  Cic.  pro  Mmr.  12, 26). 
The  opponent  replied,  "  Jus  feci  sicut  TindictsD 


VINDIOATIO 


VINDIOATIO 


959 


imposui "  ('*  I  did  what  I  was  entitled  to  do, 

whan  I  put  my  spear  on  him  "),  thereby  refusing 

to  giye  the  groand  of  his  claim  (cf.  Voigt,  op, 

ciL\    Then  he  who  had  made  the  first  Tindicatio 

said,  ''  Qaando  tn  injuria  yindicavisti,  D  aeris 

aacramento  te  provoco  "  ("  Since  you  claim  him 

^thout  any  right,  I  challenge  you  to  stake  500 

^or  50  asses,  as  the  case  might  be),  upon  the 

issue  of  a  trial ''),  to  which  the  other  answered 

by  a  correiponding  challenge.    A  day  was  now 

fixed  on  which  the  parties  were  to  appear  before 

the  decemvirs  or  centumrirs  for  the  trial  of  the 

issue,  or  else  they  were  ordered  to  appear  again 

before  the  Praetor  on  the  thirtieth  day  ad  jwU- 

oem  capiendum,    [Judex.]    The  Praetor  then 

awarded  to  one  of  the  clainumts  possession  of 

the  thing  pending  the  suit,  and  compelled  him 

to  give  security  to  his  opponent  for  the  thing 

in  dispute  and  the  mesne  profits,  or,  as  it  was 

technically  expressed,  "  jubebat  praedes  adver- 

sario  dare  litis  et  rindiciarum  "  (Gains,  iy.  16 : 

cf.  LiY.  iii.  47,  56,  58 ;  Gell.  xx.  10,  9).    The 

expression  lis  et  vindiciae  seems  to  be  redundant, 

the  word  mndiciae  (the  object  of  the  .via)  by 

itself  meaning  the  thing  or  things  which  are 

vindicated  (Festus,  p.  376  a ;  cf.  Voigt,  op.  cit 

ii.  §  74,  nn.  30, 44). 

The  Praetor  awarded  interim  possession  to 
one  of  the  claimants  (*' secundum  altemm  eorum 
vindicias  dicebat");  no  doubt  he  would  as  a 
rule  give  it  to  the  party  who  was  in  possession 
at  the  time  when  the  vindication  was  brought, 
unless  he  had  acquired  possession  from  the^  other 
claimant  by  violence,  or  furtively,  or  by  his 
permission  (ri,  ckmif  preoario).  The  party  to 
whom  possession  was  given  on  this  ground 
would  occupy  the  advantageous  position  of 
defendant  in  the  trial  before  the  judex,  the 
burden  of  proof  being  on  the  other  side.  But 
in  an  action  between  a  civis  and  the  Roman 

Ctoplo  the  vindidae  always  belonged  to  the 
tter  (Festus,  s.  v.  vnuUdae) ;  and  in  the  case 
of  suits  respecting  a  man's  freedom,  the  person 
whose  status  was  in  question  was  allowed  his 
liberty  till  the  matter  was  determined,  what- 
ever his  previous  state  may  have  been  (vindiciae 
stfciNidum  lAertatem),  If  the  property  which 
was  the  subject  of  vindicatio  was  land,  the 
Praetor  originally  went  with  the  parties  to  the 
place  in  question,  so  that  the  vindication  might 
there  be  made.  It  was  possibly  the  practice  for 
one  of  the  claimants  to  go  through  the  form  of 
forcibly  ejecting  the  other  from  the  land,  which 
was  called  the  via  ctm'/w,  or  vis  ejs  conventu — an 
act  of  pretended  violence,  which  would  perhaps 
correspond  with  the  fesiuoaria  vis  in  the  case 
of  movables.  [Deductio  ;  Festuca.]  This  pre- 
tence of  an  ejectment  (cf.  English  procedure  in 
the  old  action  of  ejectment,  Keller,  Civ.  Pr, 
§  28,  n.  328)  is  described  by  Cicero  as  a  part 
of  the  proceedings  in  an  actio  in  rem  by  sponsio, 
and  is  known  as  *'  deductio  quae  moribus  fit," 
but  it  seems  likely  that  it  originated  in  the  legis 
actio  in  rem. 

The  practice  of  the  Praetor  going  with  the 
parties  to  the  land  in  question,  which  was  a 
means  by  which  the  subject  of  dispute  conld  be 
exactly  defined,  was  in  course  of  time  modified 
as  the  Roman  state  increased  in  size.  Thus  it 
became  the  practice  at  the  commencement  of 
the  action  before  the  Praetor  in  the  forum  for 
each  party  to  challenge  his  opponent  to  follow 


him  to  the  land  which  he  had  formally  claimed 
and  specifically  described  in  court,  the  object 
being  ^  ad  conserendam  manum  in  rem  de  qua 
agebatur ; "  the  parties  then  at  the  command  of 
the  Praetor  went  together  to  the  land  accom- 
panied by  witnesses  (Cic.  pro  Mur,  12,  '<suis 
utrisque  superstitibus  praesentibus  istam  viam 
dioo,  inite  viam :"  cf.  Festus,  s.  v.  superstites) ; 
and  having  come  to  an  understanding  as  to  the 
subject  of  their  dispute  and  gone  through  the 
requisite  forms,  which  would  include  the  feigned 
ejectment  —  a  supposed  conflict  between  the 
parties  (manum  conserere) — ^they  returned  to 
court  bringing  back  a.  clod  of  earth  from  the 
land,  which  was  regarded  as  the  whole  offer  in 
the  subsequent  proceedings. 

This  change  in  the  form  of  procedure,  which 
change  was  accomplished  "  contra  duodecim 
tabulas  tacito  consensu,"  led  to  the  phrase  '*  ex 
jure  manum  conserere."  By  the  time  of  Cioiero 
the  proceeding  had  been  further  simplified. 
Before  the  action  commenced  the  parties  went 
to  the  land  and  brought  back  a  sod  of  earth 
with  them ;  the  summons  in  court  to  proceed 
to  the  land  was  obeyed  by  the  parties  going 
round  the  sod  of  earth,  which  had  been  placed 
at  some  distance  from  the  tribunal,  and  return- 
ing with  it  into  court.  (Cic  /.  c. ;  Gell.  xx.  10 ; 
''  ex  jure  manum  consertum)verba  sunt  ex  anti- 
quis  actionibus,  quae,  cum  lege  agitur  et  vin- 
diciae contenduntur,  dici  nunc  quiqne  apud 
Praetorem  sclent.") 

When  the  formulae  became  the  ordinary  mode 
of  procedure  instead  of  the  legis  actiones  [Actio], 
actiones  in  rem  were  iVamed  after  the  new 
system,  although  it  continued  to  be  possible  to 
bring  a  legis  actio  in  rem  so  that  it  might  go  to 
the  centumviral  court  for  trial  (Gains,  iv.  31, 
"  Tantum  ex  duabus  causis  permissum  est  lege 
agere;  damni  infecti  et  si  oentumvirale  ju£- 
dum  sit").  The  conveyance  called  in  jure 
cessio  is  derived  from  the  actio  sacramenti  in  rem. 
[CE8U0  IS  Jure.] 

There  were  two  modes  of  maintaining  an 
actio  in  rem  under  the  formulary  system :  1,  per 
sponsionemj  which  was  the  earlier,  and  2,  per 
formulam  petitoriam  (Gains,  iv.  91). 

1.  Per  sponsionem, — ^The  earliest  formulae 
appear  to  have  been  derived  from  the  legis 
actio  per  condictionem,  which  was  perhaps  based 
on  a  sponsio,  and  so  to  have  been  actiones  in 
personam.  There  was  no  formula  in  rem  con- 
cepta  (Bethmann-Hollweg,  Civ.  Proe.  ii.  §  89). 
The  sponsio,  however,  which  was  a  wager 
entered  into  in  court  by  question  and  answer, 
originally  perhaps  a  matter  of  private  agreement 
between  the  parties,  was  us«d  as  a  means  of 
framing  a  formula  for  trying  an  actio  in  rem, 
which  was  analogous  in  some  respects  to  the  use 
of  the  sacramentum  in  the  legis  actio  procedure. 
The  right  in  rem,  which  was  in  question,  was 
made  the  subject  of  the  sponsio,  but  the  wager 
itself  in  this  case  was  pure  matter  of  form  for 
the  purpose  of  framing  a  formula  on  it  {sponsio 
praejudicicUis},  the  amount  of  it  (suTnma 
aponsumis)  not  being  really  paid  by  the  unsuc- 
cessful to  the  successful  party,  as  was  the  case 
when  the  sponsio  was  poenalis  (Gains,  iv.  94). 
The  defendant  was  challenged  by  the  plaintiff  to 
a  sponsio  in  such  terms  as  these :  **  Si  homo  de 
quo  agitur  ex  jure  quiritinm  mens  est,  sestertios 
XXV.   nummos  dare  spondes?"     (Of.  Cic.  pro 


960 


VINDIOATIO 


YINDICATIO 


Quint  8,  27.)    [The  use  of  the  word  si  or  m  in 
the  sponno  would  depend  on  the  fact  which  was 
affirmed  or  rather  on  the  mode  of  affirmation. 
Cicero  (pro  Caecm,  23,  65)  alludes  to  the  use  of 
these  words  (sive,  nive),    Brissonius  (de  FormuliSy 
r.  7,  p.  348)  has  collected  instances  of  them.] 
The  intentio  in  this  formula  [Actio]  was  that 
if  the  slave  belonged  to  the  plaintiff  the  sum  of 
money  contained  in  the  sponsio  ought  to  be  paid 
by  the  defendant  to  the  plaintiff  (Gains,  iv.  93, 
*'  deinde  (i.e.  after  the  sponsio  had  been  entered 
into)  formulam  edimus  qua  intendimus  sponsionis 
summam  nobis  dari  oportere  ").    If  the  plaintiff 
proved  the  slave  to  b^  his  property,   he  was 
entitled  to  a  judgment,  by  which  he  only  ob- 
tained a  judicial  declaration  of  his  right;  the 
aumma  aponaknis,  which  was  the  supposed  object 
of  the  action,  not  being  in  fact  paid  to  him. 
Thus,  though  the  action  had  the  formal  ap- 
pe)irance  of  an  actio  in  personam,  it  was  in 
fact  simplv  an  actio  in  rem.    We  learn  from  a 
passage  of  Cicero  (pro  Cctecin,  7,  20)  that  when 
land  was  the  subject  of  a  sponsio,  a  form  of  ficti- 
tious ejectment  (deductio  quae  moribus)  was  gone 
through,  which  perhaps  was  derived  from  earlier 
procedure.    The  defendant  would  be  allowed  by 
the  Praetor  to  retain  interim  possession  of  the 
property  in  dispute,  unless  he  had  acquired  it 
from  the  plaintiff  vt,  ciamf  or  precaario ;  but  he 
was  obliged  to  give  security  to  the  plaintiff  for 
restitution  of  the  thing,  together  with  mesne 
profits,  if  judgment  was  given  for  the  plaintiff. 
This  security  Was  called  "  satisdatio  pro  praede 
litis    et    vindiciarum,"    corresponding    to    the 
"  praedes  litis  et  vindidarum  "  of  the  Tegis  actio 
in  rem.    The  judgment  in  favour  of  the  plaintiff 
in  the  actio  on  the  sponsio  only  declared  the 
right  of  the  plaintiff  to  the  property  in  question ; 
it  did  not  entitle  him  to  execution,  in  case  the 
defendant  refused  to  surrender  the  thing  with 
the  profits  he   had  made  by  it;    the  summa 
aponskmia  having  been  the  formal  object  of  the 
action,  and  not  damages,  no  liquidated  sum  had 
been  ^zed  for  the  purpose  of  execution.    Hence 
a  supplementary   action    for    the    purpose    of 
assessing  damages  was  necessary,   as  had  also 
been  the  case  alter  a  legis  actio  sacramenti  in 
rem  ;  this  was  called  arbitrium  liHa  aeatimandae, 
2.  Per  formulam  petitoriam, — ^The    sponsio, 
owing  to  the  indirect  way  in  which  its  formula 
submitted  the  right  in  question  to  the  judex, 
was  not  a  convenient  mode  of  prosecuting  an 
actio  in  rem,  having  the  defect  of  obliging  the 
plaintiff,  if   he  was  successful,  to  maintain  a 
further  action  in    order  to    obtain    execution 
against  the  defendant,  and  not  allowing  the  use 
of  equitable  pleas  (exceptionea),  since  the  judex 
had  simply  to  decide  whether  or  not  the  right 
claimed     legally    belonged    to    the    plaintiff 
(Keller,   Civil'Proceaa,  §  27).      Hence    a  new 
kind  of  formula  was  invented,  called  the  formula 
petitoria,  by  which   these   inconveniences  were 
avoided.      The    foi*mnla    appears    to    be    well 
established  in  the  time  of  Cicero  {Verr.  ii.  12). 
The  following  is  given  by  Keller  {op,  cit  §  28) 
as  an  example  of  it: — ''Titius  Judex  esto.    Si 
paret,  illam  rem  (e.g.  hominem  Stichum,  fnndum 
Comelianum,   L.   Annii    hereditatem)    qua    de 
agitur  ex  jure  Quiritium  Auli  Agerii  esse,  neque 
eam  Kumerius  Negidius  Aulo  Agerio  arbitratu 
tuo  restituet,  quanti   ea  res  erit,   Kumerium 
Negidium  Aulo  Agerio  condemnato,  si  non  paret. 


absolvito  "  (cf.  Cic  in  Verr.  iL  12,  31 ;  Gains,  ir. 
92).  Here,  as  Keller  has  observed,  the  object  is 
at  once  attained,  which  in  the  actio  in  rem  per 
sponsionem  required  a  number  of  acta,  viz. :  1, 
the  entering  into  the  sponsio  before  the  Praetor; 

2,  the  publication  of  the  formula  ex  aponaiont; 

3,  the  arbitrium  litis  aestimandae,  in  case  the 
plaintiff  succeeded.    The  intentio  of  the  formula 
is  a  dii'ect  claim  of  ownership  on  the  part  of  the 
plaintiff,  the  defendant  not  bieing  named  in  it  as 
in  an  actio  in  personam  (Gains,  iv.  87).     The 
words  from  neque  to  reatUuet  make  the  formnla 
a  formnla  arbitraria,  of  which  class  of  formulae  it 
was  the  typical  instance  ;  the  condemnatio  from 
quanti  to  cmolvito  authorises  the  jndex  either  to 
condemn  the  defendant  in  damages,  wbieb  the 
judex  is  to  assess  (*'  quanti  ea  res  est,*'  the  thing, 
<<  cum  omni  causa,"  ie,  with  fructns  and  other 
accretions  [Acno]),  or  to  absolve  hlnL     Thus  it 
is  the  duty  of  the  jndex  in  the  first  place  to  pro- 
nounce (proRttfi^idtfto)  whether  the  thing  belongs 
to  the  plaintiff,  or  whether  restitution  is  due  to 
him  from  the  defendant.    If  the  finding  ia  forth* 
plaintiff,  the  defendant  has  the  opporimiity  of 
avoiding  condemnation  by  making  restiiatioii ; 
if  he  does  not  do  so,  damages  are  assessed  against 
him.    The  plaintiff  could  only  claim  pcconiaiy 
damages  under  the  formulary  system,  not  speci£c 
restitution ;  but  the  defendant,  after  there  had 
been  a  pronuntiatio  against  him,  would  often 
make  specific  restitution,  so  &r  as  he  was  able, 
in  order  to  avoid  the  liability  to  coodemnatioB 
in  heavy  damages.     The  formnla  by  combiniag 
the  judicium  and  arbitrium  dispenses  with  the 
necessity  of  an  arbitrium  litis  aestimandae,  and 
allows  all   equitable   pleas  to    be   taken    into 
account.    In  this  form  of  proceeding  there  was 
the  stipulatio  called  judioatum  advi,  by  which 
the  defendant,  the  possessor  of  the  thing  claimed^ 
engaged  before  the  Praetor  to  obey  the  decree  of 
the  judex  (Gains,  iv.  91).    The  vindioatio  rei  wma 
brought  by  a  person  who  claimed  to  be  owner 
of  property  (petitor)  against  the  person  who 
was  in  possession  of  it,  or  who  had  naudnlently 
made  away  with  the  possession  of  it  (jpotscssorji 
It  was  incumbent  on  the  owner  to  prore   his 
ownership,  and  such  proof  might  be  a  matter  of 
the  greatest  difficulty  where  the  title  of  the 
claimant  was  a  derivative  one,  since  he  wonid 
have  to  prove  the  right  of  his  predecessors  ia 
title ;  the  shortness  of  the  period  of  nsocapion, 
however,  greatly  facilitated  the  proof  of  owner- 
ship.   The  proof  of  ownership  on  the  part  of  the 
plaintiff  did  not  as  a  matter  of  course  entitle 
him  to  judgment  in  his  favour,  since  the  de- 
fendant might  have  a  right  to  keep  the  thing 
from  the  owner,  as  if  he  were  pledgee  or  nst^ 
fructuary,  or  when  he  had  a  lien  over  the  thing 
for  his  outlay  on  it.     [DoxiNinx.]    Not  only 
a  vindicatio  rei  was    maintained  by   formnla 
petitoria.  but  also  an  action  respecting  a  servi- 
tude or  inheritance.    The  formula  was  adapted 
by  means  of  a  fiction  to  praetorian  actiones  la 
rem,  of  which  the  actio  Publiciaaa  is  the  chief 
example  (Gains,  iv.  36).    The  formnla  petitoria 
ceased  with  the  system  of  procedure  to  which  tl 
belonged,  but  the   principles  on  which  it  was 
based  were  still  adhered  to.    (Krits,  Barstdhat^ 
Bk.  i. ;   Wetxell,  Jhr  rfim,  VuuL ;  KUgen,  Der 
Lehre    vom    Ehentkum;     Brints,     FeendekUn^ 
§§  167,  168;  Windscheid,  Pond.  §  193;   Do- 
minium.) [£.  A.  W.] 


VINDICTA 

VINDICTA.  This  word  is  used  by  Gains 
(iv.  16)  in  describing  the  proceedings  of  a 
vindicatio  for  the  rod  or  wand  in  place  of  a 
spear,  by  which  each%indicant  forcibly  asserted 
his  dominium  [Vxndica.tio],  and  it  frequently 
signifies  the  rod  with  which  a  slave  was  struck 
when  he  was  manumitted  before  the  Praetor 
[ManumissioI.  Another  meaning  of  rindicta 
was  self-redress  exercised  by  an  injured  party 
against  the  party  committing  the  injury;  and 
hence  vmdicta  came  to  signify  ''vengeance," 
'*  revenge,"  the  Italian  vendetta.  To  prevent 
persons  from  taking  the  law  into  their  own 
hands  by  forcible  self-redress  (vindidd)  was  a 
principal  object  of  early  law.  Hence  money 
compositions  were  gradually  substituted  in  the 
place  of  vengeancsi  and  actions  were  instituted 
for  their  recovery.  In  some  cases  the  state 
itself  took  vengeance  on  criminals,  and  penalties 
were  inflicted  on  those  who  broke  the  peace  in 
seeking  private  satisfaction  for  their  wrongs 
(Ihering,  Geist  des  rdmischen  EechtSj  i.  122,  &c.). 

The  actions  which  were  given  on  account  of 
delict  came  to  be  distinguished  according  as  to 
whether  they  had  for  their  object  simply  com- 
pensation, as  in  the  actio  doliy  or  simply  to  give 
the  plaintiff  a  pecuniary  penalty  (jpoendy^  as  in 
the  actio  fwrti^  which  was  distinct  from  his 
claim  to  compensation,  or  to  give  him  in  one 
and  the  same  proceeding  both  compensation  and 
a  penalty,  as  in  the  actio  vi  honorum  raptoruni 
[Furtum]  (Savigny).  There  were,  however, 
certain  actions  which,  though  they  had  for  their 
immediate  object  money  or  property,  had  for 
their  ultimate  object  satisfaction  to  the  personal 
feelings  of  the  injured  party,  and  the  term  vin- 
dicta  is  used  in  a  special  sense  to  signify  the 
personal  satisfaction  which  is  the  object  of 
these  peculiar  actions :  e.g.  the  actio  de  sepulcro 
violatOy  which  is  one  of  them,  is  said  '*non  ad 
rem  familinrem,  magis  ad  ultionem  pertinere  in 
sola  vindicta  constitui "  (Dig.  47,  12,  6  and  10 ; 
cf.  Dig.  29,  2,  20,  §  5). 

Civilians  describe  such  actions  as  ''actiones 
rindictam  spirantes."  Those  actions  of  which 
vindicta  is  the  object  are  distinguished  from 
other  actions  by  the  fact  that  they  are  not 
transmissible  to  the  heredes  of  the  injured 
party,  the  injury  not  being  so  much  to  his  pro- 
perty as  to  his  person,  and  for  the  same  reason 
they  are  not,  like  proprietary  actions,  capable 
of  assignment.  They  also  form  exceptions  to 
general  rules  as  to  the  legal  capacity  of  the 
plaintiff.  It  was  a  fundamental  rule  that  a 
filiusfamilias  could  not  maintain  nn  action  on 
his  own  account,  all  property  which  he  acquired 
being  acquired  for  his  paterfamilias.  But  as 
vindicta  and  not  damages  or  other  property  was 
the  main  object  of  the  actions  in  question,  they 
could,  generally  speaking,  be  brought  by  a  fllius- 
familias.  So,  too,  a  person  who  had  acquired 
such  a  right  of  action  did  not  lose  it  by  a  change 
of  status  (oaffitis  demmutio},  e.g.  by  arrogation, 
as  in  ordinary  cases.  It  may,  however,  be 
doubted  whether  Savigny  is  right  in  thinking 
that  all  actions  which  were  exceptional  in  these 
respects  were  considered  to  have  vindicta  for 
their  object. 

The  following  are  cases  of  actionem  vindictani 
spinmies  ;— 

1.  Actio  injvriarumf  or  action  on  account 
of  insult,  by  assault,  libel,  slander,  &c.  This 
VOUII. 


VINDICTA 


961 


was  an  action  which  could  not  be  maintained 
by  the  heredes  of  the  injured  party.  When 
a  filiusfamilias  was  the  subject  of  injuria*  a 
wrong  was  done  both  to  him  and  to  his  pater- 
familias, for  the  latter  was  indirectly  affected 
by  the  insult.  The  paterfamilias  generally 
brought  not  only  the  action  which  he  had  on 
his  own  account,  but  also  sued  on  account  of  the 
wrong  to  his  iiliusfamilias,  as  he  acquired 
through  his  son  all  rights  of  action.  But  the 
filiusfamilias  could  bring  an  action  in  his  own 
name  with  the  permission  of  the  Praetor,  if  his 
paterfamilias  was  absent,  or  was  in  any  way 
prevented  from  bringing  the  action.  The  pecu* 
niary  damages,  which  were  the  immediate 
object  of  the  action,  belonged  to  the  pater^ 
faroilias,  so  that  the  only  immediate  advantage 
which  the  filiusfamilias  obtained  for  himself 
by  bringing  the  action  was  the  vindication  of 
his  honour.  [It  may  be  noticed  that  under  the 
canon  law  a  person  who  was  insulted  might 
claim  in  a  judicial  proceeding  a  public  apology 
from  the  wrongdoer  (46  Dist.  c.  5).]  If  the  son 
was  emancipated,  his  right  of  action  belonged 
exclusively  to  himself,  and  was  not  destroyed 
by  the  capitis  deminutio  (Inst.  iv.  4 ;  Dig.  47^ 
10 ;  Cod.  9,  35). 

2.  Actio  aepuicri  tfiohtif  or  action  given  on 
account  of  an  intentional  act  of  outrage  to  a 
grave  or  sepulchral  monument.  This  could  be 
brought  by  the  children  of  the  deceased,  even  if 
they  refused  the  hereditas.  The  object  was 
vindicta,  which  was  effected  by  giving  the  plain- 
tiff damages,  which  were  assessed  by  the  judex 
according  to  the  gravity  of  the  offence  (Dig.  47, 
12,  3,  §  8:  *'qui  de  sepulcri  violati  actions 
judicant,  aestimabunt,  quatenus  intersit,  scilicet 
ex  injuria,  quae  facta  est,  item  ex  lucro  ejus, 
qui  violavit,  vel  ex  damno,  quod  contigit,  vei  ex 
temeritate  ejus,  qui  fecit").  The  right  of 
action  was  not  affected  by  capitis  deminutio. 
The  action  could  not  be  maintained  by  the 
heredes  of  the  person  injured.  (If  those  who 
had  a  right  to  bring  this  action  neglected  to  do 
so,  any  person  might  sue  the  delinquent  for  a 
penalty  limited  to  100  aurei  by  the  Edict) 

3.  The  action  on  account  of  obstructing  the 
burial  of  a  corpse  (Dig.  11,  7,  9). 

4.  Actio  de  effusia  et  ejectis,  in  respect  of 
injury  to  a  free  person  by  something  poured  or 
thrown  from  a  house  (Dig.  9,  3,  5,  §  5). 

5.  The  action  against  a  libertus  in  respect  of 
an  unauthorised  m  jtts  vocatio  of  his  patron 
[Patronus].  If  the  libertus  had  proceeded 
against  the  son  of  his  patron,  and  the  father 
was  absent,  the  son  could  institute  the  suit 
himself,  as  in  the  case  of  the  actio  injvriarum, 

6.  Querela  inofficioei  testametUi,  the  character 
of  the  querelant  being  supposed  to  be  affected 
by  his  disinherison  [Testamentum]. 

7.  Actions  for  penalties  on  account  of  adul- 
tery (Dig.  24, 3, 15,  §  1).  Savigny  also  includes 
in  this  class  of  actions  the  intetiUcium  quod  vi 
aut  clam,  since  it  could  be  instituted  by  a  filius- 
familias in  his  own  name.  He  considers  that 
the  ground  of  this  capacity  of  a  filiusfamilias 
was  an  injury  done  to  him  personally  by  a 
person  who  acted  in  opposition  to  his  remon- 
strance. If,  for  instance,  the  son  inhabited  a 
house  belonging  to  his  father  or  one  hired  from 
a  stranger,  and  was  disturbed  in  the  enjoyment 
by  some  act  of  his  neighbour,  the  filiusfamiliaa 

3  Q 


VINBA 


lount  of  the 
ictioD  would 
of  the  actio 
Jolt*  m  the 


might  h«»«  KB  action  for  the 

tlaniaga,  hot  th*   pecaninrjr  >il 

belong   to  the  father,  as  the  a 

injnriaruin.      Sarignr  further 

same    category    actionxs   popuiarea,    wJiicn    an 

actioDt  in  whioh   the  plaintiff  claima  a  inin  of 

mcoej,    but    not    ai    a    private    indiridiwl ;    he 

cornea  forward  aa  a  kind   of  reprewntative  of 

A  Klioifamiliaa  could  bring  such  an  action. 
Bt  virtue  of  the  litis  anHeslatio  [ACTio]  the 
Mtion  become*  the  eame  a.  if  it  were  founded 
on  an  obllgnlio,  and  this  right  of  action  aa  well 
aa  the  nioaer  which  may  ariie  from  it  ii 
acquired  bj-  the  filiosfamilUa  tor  hia  pater- 
lamiliaa.  With  the  po/tWarti  ociMim.  m-y  be 
claased,  a!  belonging  to  the  Mime  kind,  the 
interdicta  pablica  or  popalaria,  and  that  openi 
n^vi  nmtiatio  which  U  for  the  protectLon  of 
piAlicum  jaa;  with  this  distinction,  that  the 
proceedings  have  not  for  their  object  th.  re- 
corerr  of  a  mm  of  money.  But  m  the  general 
capacity  of  all  personi  to  bring  inch  actiont, 
independent  of  the  general  rule>  as  to  legal 
capacity,  all  theie  moJes  of  proceeding  agree. 
(SariiniT,  Saltern  des  ieuiyti  rlimicher  Recl.ta, 
ii  121  ■  Vangerow,  PanJsAien,  i.  145.) 
"■'      •  "  CG-L.]     [E.A.W.] 

VrNEA.  According  to  the  description-  of 
riiwuB  given  by  A.  Miiller  in  Baumeiiter'a  Dmk' 
mMfr,  i.  pp.  5+0-1,  they  differed  from  the 
Uttudines  very  ilightly,  vii.  in  not  being  «> 
large  and  in  having  the  adea  open  (Veg.  i».  15), 
They  appear  to  hare  been  med  behind  eaginei 
of  aaaault  to  protect  the  men  working  thoea 
ongiDei.  They  were  called  oTotSia  in  Greek 
(Athen.  it  ifec*.  p.  31,  Weecher),  and  Miiller 
thinka  that  they  were  amall  teitULlines  with  open 
fronts  and  aides  covered  with  skins  or  wicker- 
work.  Vegetins  inentiona<'.  c.)  one  a«  IB  feet 
long.TbroadjBnd 
8  high.  Owing 
their   small- 


Th" 
especUUy 
^  liable  to  be  set 
iire  by  the 
tmj(Ur.  ii. 
u.  2;  V.  7,  3, 
&C.).  We  give  a  cot  from  Marquardt  (Slaais- 
ccru>.  ii.'SSO),  also  adopted  by  Schiller  in  Iwan 
tliiller's  HandlHiiA,  it.  p.  740. 

The  SiirtXoi  described  by  Apollodorui  (p.  141, 
Weicher)   and   Riiitow    and    KBchly    (OriecJi. 


Kricyawetm,  p.  313) 
the  Ramans  [PLDlt 
<(?r«e*.  KriegaaU.  p. 
the  same  as  the  viiuaa 
larity  of  the  name  li 


probably  the  phitei 
!];  though  Droyien 
18)  says  that  they  are 
and  certainly  the  simi- 
1b  some  probabilitv  to 
this  vie*.  [L.C.'P.] 

VINUM  (oTwi).  The  general  lenu  fur  the 
fermented  jalce  of  the  crape. 

It  nppeara  pretty  well  established  that  the 
UK  of  wine  came  to  the  Gieek.  from  ■  Semitic 
aoorce.  The  word  uinuni  is  undoubtedly  bor- 
rowed from  olwit,  the  neuter  form,  ai  in  other 
cases,  being  due  to  a  misunderstood  accusative ; 
and  in  spite  of  Curtiue  (Or.  Etym.  No,  594)  and 
A.  Miiller  (Beiienberger'a  Bdtraye,  i.  294), 
olivi  is  almost  certualy  of  Semitic  origin  (ct 


vmuM 

Arab,   and  Ethiop.   miM,  Heb.  jaiit,   which  e»c      I 
hardly  be,   as   Kenan,   Hiai.   gifn.    da    LtB>y<aa      I 
Simitiqaa,  p.  1B3,  holds,    borrowed    fivm    th^ 
Aryans).     Hommsec's  bekef  that  tuMsm  is  O'A       ] 
borrowed  from  etros,  but  that  both  words   i- 
back  to  the  common  vocabulary  of  the  two  lan- 
guages, U  based  mainly  upon  the    hypoUtsii,       | 
now   generally   discredited,   of   a    Grmeco-Ilalic 
unity.     The  earliest  home  of  the  Tine  was  the       I 
fertile  countrv  south  of  the  Uiucaaas   and  tb? 
Caipian;  and 'here  we  muit  place  probably  tat       | 
first  home  of  the  Semites.     So  that  the  use  ,:' 
wine  must  be  regarded  as  extending  p»rtly  by 
land  through  Aims   Mmor  and  Thrae*,  in  cpt- 
nexioD  with  which  it  is  worth  while  remember- 
■ip  the  legend  of  Lvcurgua,  anJ  also  that  Hamci 
I,  especUl  strea.  on  the  e«e]len«  of  Threat 
lae,  and  partly  by  the  agency  of  Plio«iia-.ij 
■uders  and  Caiian  settlers.     Uammaen  argue, 
lat    wine    cannot   have   been    introduced    int« 
Italy  by  Greeks:  first,  becsuse  the   Latjns  key* 
their  wine-feaats  m  honour  of  th*   native  gi-i      I 
Liber,  not  the  Greek  Bacchus;  secondly, becao--?      I 
according   to   the    legend   Meientioa    demand*^ 
from  the   Latins  or  the  Rntuliana  a  tribute  ..: 
wine,  and  the  Kelts  were  attracted  to   iuTsd-      | 
Italy   by  the    fame   of  iti  wine;    and    thirdlj.     i 
because    of  the  place   wbich  wine    held   m  uk 
early   aacrificial    ritual  {Silt   of  Jiomt,    Bk.  l      | 
c  13).     A  further  proof  is  found  in  tha  nam* 
Oenotria,    "land    of  the   vine-pole,"    bj    whicL 
Italy  was  known  to  the  Greeks.     H«hn   hoUj 
that  legends  point  clearly  to  a  time  when  wiK 
was  unknown ;  and  that  the  fact  thU  Jopiu.-     '. 
Liber  waa  the  father  of  the  vine  only  indiiale     | 
■  borrowing   from  Ziif  "EAiiJifMas    or  A««i« 
Both  in  Greece  and  in  Italy  wine  waa  the  ook 
drink  (besides  water)  at  oil  m  common  use,  an  : 
even    slaves    were    freely    supplied    with    ii   i'-     | 
hi.torio    times.     But  it  is  plain  that  wine  nt 
both  rare  and  coatly  in  the  earlier  ages  of  Italian 
and  Roman  history.      Romulos  is  said  to  have 
used  milk  only  in  his  offerings  to  the  gods  (Fiin,     , 
I.  c):  Numa  to    have  prohibited  the  ajmntlini;     | 
of  wine  upon  the  fuueial  pyie ;  a  law  which  Pliny 
(riv.  S  88)  quote*  to  prove  the  costliness  of  wme, 
but  which,  like  the  story  aboot  Romultia,  rLiiL.r 

known  in  the   earliest  tini«.     To  atimolaie  U.t 

energies  of  the  nistic  popolation,  Nnma  >*  »l"' 

a.iid    to   have   ordained   that  it  should   be  hti- 

pious  to  offer  a  libation  to  the  i^ods  of  nisr 

lich  had  tlowed  from  an  nnpruned  stock.    Tn-     i 

story  that  Papirins   the  dictator,  when  aboul  <■■ 

battle    with    the   Samnitea,    tdwM    tn 

a  amall    cupfnl  of  bonered  wine  (mui'i     \ 

pocitfurn)  if  he  shoald  gain  the  victory,  doe*  not 

IS  Pliny  thinks,  the  deanet;  of 


iallv 


draught  of  iemrf™  for  him 
self.  Soldiers,  too,  dmnk  it  at  a  triBm;^  (sr 
below).  That  wine  was  racked  off  into  in 
phorae  and  stored  up  in  regular  cellars  as  nrl 
as  the  era  of  the  Gracchi,  Plinv  conuders  pnn-e 
by  the  eiistence  in  his  own  day  of  the  ^^.^ 
Opimiantim,  described  hereafter.  Bot  even  th<i 
no  specific  appelUtion  was  given  to  the  prodoi' 
of  different  localities,  and  the  jar  was  rrartft 
with  the  name  of  the  consul  »l™t     For  mu< 

Ua  euperior  to  ni 


e  growths  <ooe  of  tix  m 


VINUM 


963 


intereitiDg  tigni  of  thig  btiag  the  23  Rbodiui 
amphorae  recently  found  »t  Pr»eae>le);  "d  ao 
precioas  were  the  Or*ek  TintagM  eiteemed  in 
the  timei  of  Minus  and  Sulla  that  a  aingle 
draught  only  was  ofTered  to  tlie  guests  at  a 
banquet.  The  rapidity  with  which  luiury 
Ejiiead  in  this  matter  is  veil  illustrated  bv  the 
■nyingofM.  Varro(Plm.  iir.§96),  ihitLucullua 

father's    home,    however    splendid,    at    which 

Asiatic  conquests,  he  bestoweJ  oo  the  people  a 
Inrgeis  of  more  than  a  huudred  thousand  cadi. 
An  imitated  Greek  wine  was  made  at  an  early 
dale,  t'nr  making  which  Cato,  24, 112,  nndColum. 
xii.  37,  give  rules.  Four  different  kind)  of  wine 
are  aaid  to  hare  been  presented  for  the  first  time 
At  the  feast  given  by  Julius  Caesar  in  his  third 
consulship  (B.C.  46),  theie  being  Faleraian,  Chian, 
I.esbiaD,  and  Mamertine ;  and  not  until  after  this 
<1ate  were  the  merits  of  the  numerous  varieties, 
t*iireign  and  domestic,  acourately  knonn  and 
fully  appreciated.  But  during  the  reign  of 
Augustus  aud  his  immediate  successon  the 
study  of  wines  became  a  passioc,  and  the  most 
scnipaloua  care  was  bestowed  upon  ererr  process 
connected  with  their  production  and  preserva- 
tion.    Viticulture  waa  very  profitable,  and  the 

India  (Arrian,  Pen/J.  6,  49).  Pliny  calculates 
that  the  number  of  wines  iu  the  irbole  world 
deserving  to  be  accounted  of  high  quality 
inMlia)  amounted  to  eighty,  of  which  his  own 
conntry  could  claim  two-thirds  (liv.  §  87)  j  and 
■a  another  passage  (liv.  §  l&O)  he  asaeria  that 
195  distinct  kinds  might  be  reckoned  up,  and 
that  if  all  the  varieties  of  these  were  to  be 
included  iu  the  computation,  the  sum  would  be 
almost  doubled  (Plin.  H.  X.  xiT.  §  IW). 

The  proce.is  followed  in  wiue-making  was 
psseutiaily  the  same  among  both  the  Greeks 
And  the  Romans.  After  the  grapes  had  been 
gnlhcred,  they  were  first  trodden  with  the  feel, 
as  IS  represented  n  the  follow  ng  cut  fram  an 
aocent    elef(ldon   Malth      L  Ub  4S).     After 


TRadiog  Uie  cnpts.    (From  a  relief.) 
■ardi  they  were  submitted  to  the  action  of  the 
ren.     [foRCDLitS.] 


enled  juice  of  the  grape  was 
termed  y^ttiKas  by  the  Greeks  and  miufum  by 
the  Romans,  the  latter  word  being  properly  nn 
adjective  signifying  new  or  fresh  (cf.  Cato,  R.  H. 
115).  Of  this  there  were  seven!  kinds  distin- 
guished according  to  the  manner  in  which  each 


Vaaoriginalty  obtained  and  subsequently  treated. 
That  which  flowed  from  the  clusters,  in  con- 
sequence merely  of  their  pres-ure  upon  each 
other  before  any  force  was  applied,  via  known 
as  Tixlxufa  (Geopon.  vi.  16)  or  protropun  (Plin. 
H.  a.  lit.  §  85),  and  was  reserved  for  manufac- 
turing a  particular  species  of  rich  wine  described 
by  Pliny  (/.  c.)  to  which  the  inhabitants  of 
Mytlleue  gave  the  name  of  irpdipo^i  or  Tpi- 
TpawBt  (Athen.  i.  p.  30  b,  ii.  p.  45  e).  That 
which  was  obtained  neit,  before  the  grapes  had 
been  fully  trodden,  was  the  musium  /ixinim, 
and  was  considered  best  for  keeping  (Cato, 
B.  H.  2S ;  Geopon.  vi.  16 ;  Colum.  lii.  41). 
After  the  grapes  had  been  fully  trodden  and 
pressed,  the  mass  was  taken  out,  the  edges  of 
the  husks  cut  (arcamadant  txtrtma\  and  the 
whole  again  subjected  to  the  preu:  the  result 
was  the  muitma  torlivitia  or  armmaiiatan  (Cato, 
R.  B.  23;  Varr.  i.  54;  Colum.  lii.  36),  which 
nas  set  apart  snd  used  for  interior  purposes. 

A  portion  of  the  must  nas  used  at  once,  being 
drunk  fresh  after  it  had  been  clarified  with 
vinegar  (Geopon.  vi.  1,'^).  When  it  was  desired 
to  preserve  a  quantity  in  the  sweet  state,  an 
amphora  was  taiien  and  coated  with  pitch  within 
and  without ;  it  was  tilled  with  mu^tmi  lixivion, 
and  corked  so  as  to  be  perfectly  air-tight-  It 
was  then  immeried  in  a  tank  of  cold  fresh  water 
or  buried  in  vet  sand,  and  allowed  to  remain 
for  a  month,  sii  weeks,  or  two  months.  The 
contents  after  this  process  were  found  to  remaiB 
unchanged  for  a  year,  and  hence  the  name  Ih\ 
yKtvKos,  i.e.  semper  mualvm  (Geopon.  vi.  16 ; 
Pint.  Qvaeit.  Kni.  2S ;  Cato,  R.  S.  120 ;  Colum. 
111.  29 ;  Plin.  H.  N.  xiv.  $  83}.  This  was  pro- 
bably the  olmi  of  the  Gospel  parable  of  the 
wine-skins :  at  least  it  alone  fulflls  the  necessarj 
conditions  of  the  case :  cf.  Farrar,  Excarsai  III. 
on  St.  Luke.  A  considerable  quantity  of  must 
from  the  best  and  oldest  vines  was  inspissated 
by  boiling.  l>eing  then  distinguished  by  the 
Greeks  ander  the  general  names  of  i^/ia  or 
yKi^ij  (Athen.  i.  31  e),  while  the  Latin  writers 
have  rarioaa  term.i  according  to  the  titent  to 
which  the  evaporation  was  catried.  Thus,  when 
the  must  was  reduced  to  two-thirds  of  its 
original  volume,  it  became  caroenum  (Pallad. 
Octobr.  tit.xviii.):  when  one-half  had  evaporated, 
de/mftun  (Plin.  H.  X.  liv.  $  80);  when  two- 
thirds,  sapa  (known  also  by  the  Greek  names 
airamm  and  Kepaema,  Plin.  t.  c.),  but  these  words 
are  freqnenttv  interchanged.  (See  Varr.  ap. 
Non.  p.  551  Si.;  Colum.  lii.  19.)  Similar  pre- 
parations are  at  the  present  time  called  in  Italy 
musto  mlto  and  snpa,  and  in  France  sabe.  The 
process  was  carried  on  in  large  caldrons  (vata 
ikfrutaria),  over  a  slow  fire  of  chips,  on  a  night 
when  there  was  no  moon  (Plin.  iviii.  $  318),  the 
scum  being  carefully  removed  with  leave*  (Piin. 
/.  c ;  Verg.  Georg.  L  296,  iv.  269),  and  the  liquid 
constantly  stirred  to  prevent  it  from  burning 
(Plin.  ixiii.  g  62 ;  Cato.  B.  B.  105  ;  Colum.  xii. 
19,  20,  21;  Pallad.  li.  18;  IHoseorid.  t.  9). 
These  grape-jeiliei — for  they  wera  nothing  else 
— were  used  extensively  for  giving  body  to  poor 
wines  and  making  them  keep,  and  entered  as 
ingredients  into  manv  drinks,  such  as  the  bur- 
ranka  polio,  so  called  from  iU  red  colour  ("a 
rufo  colore  quern  knrrum  vocant"),  which  was 
formeil  by  miiing  lapa  with  milk  (Paul.  D., 
a.  V.  Barranim ;  compare  Ovid,  Fast.  iv.  782), 
and  others  described  hereaRar. 

3q  2 


964 


VINUM 


The  whole  of  the  xnustum  not  employed  for 
some  of  the  aboye  purposes  was  conveyed  from 
the  hcus  to  the  cella  vinaria  {otyoO^miy  viBtwVj 
Geopon.  vi.  2, 12),  an  apartment  on  the  ground- 
floor  or  a  little  below  the  surface,  placed  in  such 
a  situation  as  to  secure  a  moderate  and  equable 
temperature,  and  at  a  distance  from  dunghills  or 
other  objects  emitting  a  strong  odour  (Varro, 
J?.  B.  i.  13,  6;  Plin.  xiv.  §  133;  Geopon.  /.  c). 
Here  were  the  cMia  (wiOoi)f  otherwise  called 
9eriae  [Douum],  long  bell-mouthed  vessels  of 
earthenware  [hooped  tubs  o{  wood  (pupae  =  ltgnea 
vasa)  being  employed  in  cold  climates  only,  Plin. 
zir.  §  132],  very  carefully  formed  of  the  best 
clay  and  lined  with  a  coating  of  pitch  {mffauOitrraj 
jncato),  the  operation  (viirtntirtSf  pioatio)  being 
usually  performed  while  they  were  hot  from  the 
furnace.  They  were  usually  sunk  (depressay  de- 
fossa,  demersa)  one-half  or  two-thirds  in  the 
ground ;  to  the  former  depth  if  the  wine  to  be 
contained  was  likely  to  prove  strong,  to  the  latter 
if  weak,  and  attention  was  paid  that  they  should 
repose  upon  a  dry  bed.  They  were  moreover 
sprinkled  with  sea-water  or  brine,  fumigated  with 
aromatic  plants  and  rubbed  with  their  ashes ;  all 
rank-smelling  substances,  such  as  rotten  leather, 
garlic,  cheese,  and  the  like,  being  removed,  lest 
they  should  impart  a  taint  to  the  wine  (Geopon. 
vi.  2,  3,  4;  Cato,  R.  B.  23;  Varro,  i.  13; 
Colum.  zii.  18,  25;  Dig.  33,  6,  3>  In  these 
ddia  the  process  of  fermentation  took  place. 
They  were  not  filled  quite  full,  in  order  that 
the  scum  only  might  boil  over,  and  this  was 
also  cleared  off  at  regular  intervals  by  skim- 
ming, and  carried  to  a  distance.  The  fermenta- 
tion usually  lasted  for  about  nine  days ;  and  as 
soon  as  it  had  subsided  and  the  mustum  had 
become  nntim,  the  dolia  were  closely  covered, 
the  upper  portion  of  their  interior  surface  as 
well  as  the  lids  (opercula  doliontm)  having  been 
previously  weU  rubbed  over  with  a  compound 
of  defrutum,  saffron,  old  pitch,  mastic,  and  fir- 
cones (Geopon.  vi.  12 ;  Cato,  H,  H,  107 ;  Varro, 
1.  65 ;  Colum.  zii.  25,  80).  The  operetta  were 
taken  off  about  once  every  thirty-siz  days,  and 
oftener  in  hot  weather,  in  order  to  cool  and  give 
air  to  the  contents,  to  add  any  preparation 
required  to  preserve  them  sound,  and  to  remove 
any  impurities  that  might  be  thrown  up.  Par- 
ticular attention  was  paid  to  the  peculiar  light 
scum,  the  iyOos  ol^ov  (flos  t»m),  which  fre- 
quently appeared  on  the  surface  after  a  certain 
time,  since  it  was  supposed  to  afford  indications 
by  its  colour  and  consistence  of  the  quality  of 
the  wine.  If  red  (TOp^vpi(ov\  broad,  and  soft, 
it  was  a  sign  that  the  wine  was  sound,  though 
Pliny  regards  it  as  a  bad  sign,  ezcept  with  red 
wine ;  if  glutinous,  it  was  a  bad  symptom ;  if 
black  or  yellow,  it  denoted  want  of  body ;  if 
white,  it  was  a  proof  that  the  wine  would  keep 
well  Qi6vtfiop).  Each  time  that  the  opercula 
were  replaced  they  were  well  rubbed  with  fir- 
cones (Geopon.  vii.  15;  Colum.  zii.  38). 
[Thvusus.] 

The  commoner  sorts  of  wine  were  drunk 
direct  from  the  dolium,  and  hence  draught  wine 
was  called  vinum  doliare  or  vintm  de  cupa  (Dig. 
18,  6, 1, 4;  Hor.  £pod.  ii.  47,  "homa  dulci  vina 
promens  dolio ;  "  Cic.  in  Pis.  27,  67,  "  vinum  de 
cupa  "J;  but  the  finer  kinds,  such  as  were 
yielded  by  choice  localities  and  possessed  suffi- 
cient body  to  bear  keeping,   were  drawn   off 


VINDM 

(difftmdere,  nerayyiffiy),  generally  the  next 
spring,  into  canphoraef  cadi  or  lagoenatf  maar 
fanoiiul  precautions  being  observed  in  traiu- 
ferring  them  from  the  larger  to  the  smaller 
vessel  (Geopon.  vii.  5,  6).  These  amphorae  ven 
made  of  earthenware,  and  in  later  times  ocfu- 
sionally  of  glass ;  they  were  stoppered  tight  br 
a  plug  of  wood  or  cork  (cortex,  suber},  vhicb 
was  rendered  impervious  to  air  by  being  smear^i 
over  with  pitch,  clay,  or  gypsum  (Csto,  R.  E. 
120 ;  Hor.  Ckirm,  iii.  8,  10).  The  practice  c! 
using  cork  seems  to  have  been  comparatireiy 
late,  and  to  have  been  introduced  from  Gsul 
(Hehn,  Kulturp/laHzen,^  p.  511).  On  the  oat- 
side  the  title  of  the  wine  was  painted,  tbe  diu 
of  the  vintaze  being  marked  by  the  names  o! 
the  consuls  then  in  office ;  or  when  the  jars  vtn 
of  glass,  little  tickets  (pHtadOj  tesserae)  we.-? 
suspended  from  them  indicating  these  particu- 
lars (Petron.  34).  The  amphorae  were  then 
stored  up  in  repositories  (apotheoae,  Colum.  i. 
6;  Plin.  Ep.  it  17;  horreOf  Senec  Ep.  115; 
tcindata,  Colum.  zii.  41)  completely  distinct 
from  the  cella  nnoffiOj  and  usually  placed  in  the 
upper  story  of  tbe  house  (whence  descende,  Usii. 
Hor.  Carm.  iiL  21,  7 ;  deripere  horreOj  iil  '2i, 
7)  for  a  reason  explained  afterwards. 

It  is  manifest  that  wines  prepared  and  bottle  I 
if  we  may  use  the  phrase,  in  the  manner  de- 
scribed above,  must  have  contained  a  gmt 
quantity  of  dregs  and  sediment,  and  it  bccanM 
absolutely  necessary  to  separate  these  before  it 
was  drunk.  This  was  sometimes  effected  br 
fining  with  yolks  of  eggs,  those  of  pigeons  beia^ 
considered  most  appropriate  by  the  fastidii-G> 
(Hor.  Sat.  ii.  4,  56),  or  with  the  whites  whipped 
up  with  salt  (Geopon.  viL  22),  but  more  com- 
monly by  simply  straining  through  small  cnp- 
like  utensils  of  silver  or  bronze  perforated  with 
numerous  small  holes,  and  distinguished  bj  the 
various  names  ikurr^p,  rp/^yovwos,  ^fi^Sy  ^^-^ 
tinariitm  (Geopon.  vii.  37).  [CoLUM.]  Occa- 
sionally a  piece  of  linen  cloth  (trdacos,  smyyi.^) 
was  placed  over  the  rp6yonm  or  ooAcm  (Polici. 
vi.  19,  z.  75)  and  the  wine  (orfluocior,  s-xoatv) 
filtered  through  (Martial,  viii.  45>  The  use  of 
the  saccus  was  considered  objectionable  for  all 
delicate  wines,  since  it  was  believed  to  injnre 
(Hor.  Sat.  ii.  4,  54)  if  not  entirely  to  destroy 
their  flavour,  and  in  every  instance  to  diminish 
the  strength  of  the  liquor.  For  this  reason  it 
was  employed  by  the  dissipated  in  order  thai 
they  might  be  able  to  swallow  a  greater  quui- 
tity  without  becoming  intoxicated  (Plin.  xi^- 
§  138,  cf.  ziz.  §  53;  Cic.  de  Fin,  ii.  8,  23X  The 
double  purpose  of  cooling  and  weakening  vas 
effectually  accomplished  by  placing  ice  or  snov 
in  the  filter,  which  under  such  ciieanistaoce» 
became  a  colum  nivarium  (Martial,  ziv.  103)  or 
saccus  nivarius  (ziv.  104). 

The  wine  procured  from  the  musban  (oriifvr, 
which  was  always  kept  by  itself,  most  have  beec 
thin  and  poor  enough,  but  a  still  inferior  berer- 
age  was  made  by  pouring  water  upon  the  bnsb 
and  stalks  after  they  had  been  fully  pressed, 
allowing  them  to  soak,  pressing  again,  and  fer- 
menting the  liquor  thus  obtained.  This,  vhich 
was  given  to  labourers  in  winter  iostesd  m 
wine,  was  the  9dfam  or  Ztvr4pios  of  the  Greeks 
the  hra  or  vmwn  operarhan  of  the  Romaai.  am 
according  to  Varro  (Non.  p.  551  M.)  was,  sloa? 
with  sapa,  defrutum,  and  paasum,  the  drink  » 


VINUM 

elderly  women.  (See  Athen.  x.  p.  440.)  The 
Greeks  added  the  water  in  the  proportion  of 
i  of  the  must  preyiously  pressed  ont,  and  then 
boiled  down  the  mixture  until  |  had  evaporated; 
the  Italians  added  the  water  in  the  proportion 
of  -jn  of  the  most,  and  threw  in  the  skimmings 
of  the  defrutum  and  the  dregs  of  the  lacus. 
Another  drink  of  the  same  character  was  the 
faecatum  from  wine-lees,  and  we  hear  also  of 
cinum  praeliganeum  given  to  the  vintagers, 
which  appears  to  have  been  manufactured  Arom 
inferior  and  half-ripe  fruit  gathered  before  the 
regular  period  (Geopon.  vi.  3 ;  Cato,  J2.  B.  23, 
57,  153;  Varro,  i.  54;  Colum.  xii.  40;  Plin. 
xiv.  §  86).  We  find  an  analogv  to  the  above 
processes  in  the  manufacture  of  cider,  the  best 
being  obtained  from  the  first  squeezing  of  the 
apples  and  the  worst  from  the  pulp  and  skins 
macerated  in  water. 

In  all  the  best  wines  hitherto  described  the 
grapes  are  supposed  to  have  been  gathered  as 
soon  as  they  were  fully  ripe  and  fermentation 
to  have  run  its  full  course.  But  a  great  variety 
of  sweet  wines  were  manufactured  by  checking 
the  fermentation,  or  by  partially  drying  the 
grapes,  or  by  converting  them  completely  into 
raisins.  The  yKwchs  otvos  of  the  Geoponic 
writers  (vii.  19)  belongs  to  the  first  class.  Must 
obtained  in  the  ordinary  manner  was  thrown 
into  the  dolia,  which  remained  open  for  three 
days  only  and  were  then  partially  covered  for 
two  more  ;  a  small  aperture  was  left  until  the 
seventh  day,  when  they  were  luted  up.  If  the 
wine  was  wished  to  be  still  sweeter,  the  dolia 
were  left  open  for  five  days  and  then  at  once 
closed.  The  free  admission  of  air  being  neces- 
sary for  brisk  fermentation,  and  this  usually 
continuing  for  nine  days,  it  is  evident  that  it 
would  proceed  weakly  and  imperfectly  under 
the  above  circumstances.  For  the  Vinum  Duke 
of  Columella  (xii.  27)  the  grapes  were  to  be 
dried  in  the  sun  for  three  days  after  they  were 
$:athered,  and  trodden  on  the  fourth  during  the 
full  fervour  of  the  mid-day  heat.  The  tnustum 
lixivum  alone  was  to  be  used,  and  after  the 
fermentation  was  finished  an  ounce  of  well- 
ground  iris-root  was  added  to  each  50  sextarii ; 
the  wine  was  racked  off  from  the  lees,  and  was 
found  to  be  sweet,  sound,  and  wholesome 
(Colum.  /.  c).  For  the  Vinum  Diachytum,  more 
luscious  still,  the  grapes  were  exposed  to  the 
sun  for  seven  days  upon  hurdles  (Plin.  H.  N, 
xiv.  §  84). 

Lastly,  Possum  or  raism^wme  was  made  from 
grapes  which  were  dried  in  the  sun  until  they  had 
lost  half  their  weight,  or  plunged  into  boiling 
oil,  which  produced  a  similar  effect,  or  the 
bunches  after  they  were  ripe  were  allowed  to 
hang  for  some  weeks  upon  the  vine,  the  stalks 
being  twisted  or  an  incision  made  into  the  pith 
<)f  the  bearing  shoot  so  as  to  put  a  stop  to  vege- 
tation. The  stalks  and  stones  were  removed, 
the  raisins  were  steeped  in  must  or  good  wine, 
And  then  trodden  or  subjected  to  the  gentle 
action  of  the  press.  The  quantity  of  juice 
which  flowed  forth  was  measured,  and  an  equal 
quantity  of  water  added  to  the  pulpy  residuum, 
which  was  again  pressed  and  the  product  em- 
ployed for  an  inferior  passum  called  secundarittm, 
an  expression  exactly  analogous  to  the  9€vr4ptos 
mentioned  above.  The  passum  of  Crete  was 
most  prized  (Mart.  xUi.  106;  Juv.  xiv.  270), 


VINUM 


965 


and  next  in  rank  were  those  of  Cilicia,  Africa, 
Italy,  and  the  neighbouring  provinces.  The  kinds 
known  as  Psithium  or  Psythium  and  Mektm- 
psythium  possessed  the  peculiar  flavour  of  the 

grape  and  not  that  of  wine ;  the  Soybelites  from 
alatia  and  the  Aluntium  from  Sicily  in  like 
manner  tasted  like  must.  The  grapes  most  suit- 
able for  passum  were  those  which  ripened  early, 
especially  the  varieties  Apiana  (called  by  the 
Greeks  Paithia)  and  Scripula  (Geopon.  vii.  18; 
Colum.  xii.  39 ;  Plin.  H,  N.  xiv.  §  8 ;  Verg. 
Georg,  ii.  93 ;  Stat.  Sih.  iv.  9,  38).  Passum 
was  known  to  Plautus  {Pseud.  741). 

The  Greeks  recognised  three  colours  in  wines : 
red  (/icXof),  white^  Le.  pale  straw-colour 
(Xcvir^x),  and  broum  or  amber-coloured  {kiMs), 
(Athen.  i.  p.  32  c.)  Pliny  distinguishes  tour : 
albus  answering  to  Xcvjtdf,  fulvus  to  Kiff6Sf 
while  fi4\as  is  subdivided  into  sanguineus  and 
niger^  the  former  being  doubtless  applied  to 
bright  glowing  wines  like  Tent  and  Burgundy, 
while  the  niger  or  ater  (Plaut.  Menaeck.  915) 
would  resemble  Port.  (Ussing  on  v.  900  is 
probably  wrong  in  regarding  the  epithet  as  an 
intentionally  absurd  one.  In  modem  Greek 
red  wine  is  called  Kpourl  fjMvp6,)  In  the  ordinary 
Greek  authors  the  epithet  ipvBpbs  is  as  common 
as  fi^Aof ,  and  will  represent  the  sanguineus. 

We  have  seen  that  wine  intended  for  keeping 
was  racked  off  from  the  dolia  into  amphorae. 
When  it  was  necessary  in  the  first  instance  to 
transport  it  from  one  place  to  another,  or  when 
carried  by  travellers  on  a  journey,  it  was  put 
into  bags  made  of  goat-skin  (jiurKoif  utres)j  well 
pitched  over  so  as  to  make  the  seams  perfectly 
tight.  (Cf.  the  commentators  on  Matt.  ix.  17  = 
Mark  ii.  22,  Luke  v.  37,  and  especially  Tristram, 
Nat,  Hist  Bib,  p.  92.)  The  cut  below,  from  a 
bronze  found  at  Herculaneum  (iftis.  Borbon, 
vol.  iii.  tav.  28),  exhibits  a  Silenos  astride  npon 


Silenus  on  a  wlne-skln.    (JTm.  Bwffon.) 

one  of  them.  When  the  quantity  was  large,  a 
number  of  hides  were  sewn  together,  and  the 
leathern  tun  thus  constructed  carried  from 
place  to  place  in  a  cart,  as  shown  in  the  llluf- 


066 


VINXJM 


tration    under  Amphora.     (Compare    Luciui, 
Lex.  6.) 

Among  the  ancients  reconrse  wai  had  to 
Tarioua  derices  for  preyenting  or  correcting 
aciditj,  heightening  the  flavour,  and  increasing 
the  durability  of  the  inferior  kinds  of  wine. 
This  subject  was  reduced  to  a  regular  system  by 
the  Greeks:  Pliny,  xiv.  §120,  mentions  four 
authors  who  had  written  formal  treatises,  and 
the  authors  of  the  Geoponic  collection,  together 
with  Cato,  Varro,  and  Columella,  supply  a 
multitude  of  precepts  upon  the  same  topic. 
The  object  in  view  was  accomplished  sometimes 
by  merely  mixing  different  kinds  of  wine  to- 
gether, but  more  frequently  by  throwing  into 
the  dolia  or  amphorae  various  condiments  or 
seasonings  (jkprlo^is,  medicaminaf  cofuUturcui). 
When  two  wines  were  mixed  together,  those 
were  selected  which  possessed  opposite  good 
qualities  and  defects  (Athen.  i.  p.  32,  6).  Con- 
noisseurs, however,  justly  valued  most  those 
wines  which  needed  no  such  treatment  (Col.  zii. 
19,  2 ;  Plin.  xxiii.  §  45). 

The  principal  substances  employed  as  condi' 
iurae  were — ^1.  sea- water ;  2.  turpentine,  either 
pure,  or  in  the  form  of  pitch  (pix),  tar  (pix 
iiqmda%  or  resin  (rffstna);  3.  lime,  in  the  form 
of  gypsum,  burnt  marble,  or  calcined  shells; 
4.  inspissated  must;  5.  aromatic  herbs,  spices, 
and  gums:  and  these  were  used  either  singly, 
or  cooked  up  into  a  great  variety  of  complicated 
confections. 

We  have  already  seen  that  it  was  customary 
to  line  the  interior  of  both  the  dolia  and  the 
amphorae  with  a  coating  of  pitch ;  but  besides 
this  it  was  common  to  add  this  substance,  or 
resin,  in  powder,  to  the  must  during  the  fer- 
mentation, from  a  conviction  that  it  not  only 
rendered  the  wine  more  full-bodied,  but  also 
communicated  an  agreeable  bouquet,  together 
with  a  certain  degree  of  i*aciness  or  piquancy 
(Plin.  N,  H.  xiv.  §  124 ;  Plutarch,  8>pnp.  v.  3). 
In  Greece  the  peasants  still  drink  little  but 
PenrtvaT6j  which  is  supposed  to  be  a  wholesome 
corrective  to  bad  food.  Wine  of  this  sort,  how- 
ever, when  new  (novidum  resinatuni)  was  ac- 
counted unwholesome  and  apt  to  induce  head- 
ache and  giddiness  (Plin.  xxiii.  §  46).  From 
this  circumstance  it  was  denominated  craptda. 
It  was  found  to  be  serviceable  in  checking  the 
fermentation  of  the  must  when  too  violent. 

It  must  be  remembered,  that  when  the  vinous 
fermentation  is  not  well  regulated,  it  is  apt  to 
be  renewed,  in  which  case  a  fresh  chemical 
change  takes  place,  and  the  wine  is  converted 
into  vinegar  (fi^osj  acetum%  and  this  acid,  again, 
if  exposed  to  the  air,  loses  its  propei-ties  and 
becomes  perfectly  insipid,  in  which  form  it  was 
called  vappa  by  the  Romans,  who  used  the  word 
figuratively  for  a  worthless  blockhead. 

Now  the  great  majority  of  inferior  wines, 
being  thin  and  watery,  and  containing  little 
alcohol,  are  constantly  liable  to  undergo  these 
changes,  and  hence  the  disposition  to  acescence 
was  closely  watched  and  combated  as  far  as 
possible.  With  this  view  those  substances  were 
thrown  into  the  dolia  which  it  was  known 
would  neutralise  any  acid  which  might  be 
formed,  such  as  vegetable  ashes,  which  contain 
an  alkali,  gypsum,  and  pure  lime,  besides  which 
we  find  a  long  list  of  articles,  which  must  be 
regarded  as  preventives  rather  than  correctives, 


VINUM 

such  as  the  various  preparations  of  turpentiae 
already  noticed,  almonds,  raisins  steeped  is 
must,  parched  salt,  goat's  milk,  cedar-cone», 
gall-nuts,  blazing  pine-torches,  or  red-hot  iron 
quenched  in  the  liquid,  and  a  multitude  et 
others  (Geopon.  vii.  12,  15,  16,  Ac.).  But  in 
addition  to  these,  which  are  all  harmleiss,  we 
find  some  traces  of  the  use  of  the  highly  pci> 
sonous  salts  of  lead  for  the  same  purpose 
(Geopon.  vii.  19),  a  practice  which  prodnced  tke 
most  fatal  consequences  in  the  Middle  Ages,  and 
was  prohibited  by  a  series  of  the  most  stringe&t 
enactments.  (See  Beckmann*s  History  of  iaivr.- 
tionsj  vol.  i.  p.  396,  trans.) 

Defrutton  also  was  employed  to  a  great  extent; 
but  being  itself  liable  to  turn  sour,  it  was  not 
used  until  its  soundness  had  been  tested  by 
keeping  it  for  a  year.  It  was  then  introdaced, 
either  in  its  simple  state,  in  the  proportion  of  a 
sextarius  to  the  amphora — ^that  is,  of  1  to  48 — or 
it  was  combined  with  a  great  variety  of  aroms- 
tics,  according  to  a  prescription  ^mished  by 
Columella  (xii.  20).  In  this  receipt,  and  others 
of  the  same  kind,  the  various  herbs  were  id- 
tended  to  give  additional  efficacy  to  the  nourish- 
ing powers  of  the  defrutum,  and  great  psics 
were  taken  to  prevent  'them  from  affecting  the 
taste  of  the  wine.  But  from  a  very  earlr 
period  it  was  customary  to  flavour  wines  highly 
by  a  large  admixture  of  perfumes,  plants,  xoi 
spices.  We  find  a  spioed  drink  (^|  hpmithttf 
iueratrK€ua(6fifws)  noticed  under  the  name  of 
TptfAfxa  by  Athenaeus  and  the  writers  of  tke 
New  Comedy  (Athen.  i.  p.  31  e ;  Pollnx,  vi.  18), 
and  for  the  whole  class  Pliny  has  the  general 
term  aromatites  (xiv.  §  107). 

There  was  another  and  very  numerous  familj 
of  wines,  entitled  oZko  t  vytcirof,  mto  whick 
drugs  were  introduced  to  produce  medicinal 
effects.  Such  were  vinwn  mamtbii  (horehonnd) 
for  coughs ;  the  adllites  (squill-wine ),  to  a»sist 
digestion,  promote  expectoration,  and  act  ss  s 
general  tonic;  absinthitex  (wine  of  wormwood), 
corresponding  to  the  modern  vermuth^  and  above 
all  the  myrtites  (myrtle-berry  wine),  which 
possessed  innumerable  virtues  (ColumelL  m- 
32-39  ;  Geopon.  viii.  1,  &c.). 

Plinv,  under  the  head  of  vma  ficticia,  indodes 
not  only  the  oiroi  dytcowl,  but  a  rast  number  uf 
others  bearing  a  strong  analogy  to  our  Briti>k 
home-made  wines,  such  as  cowsup,  ginger,  elder- 
berry, and  the  like;  and  as  we  manafactare 
champagne  out  of  gooseberries,  so  the  ItaliAn^ 
had  their  imitations  of  the  costly  vintages  <^:' 
the  most  favoured  Asiatic  isles.  These  rtb' 
Jictkia  were,  as  may  be  imagined,  almost  coant- 
less,  every  variety  of  fruit,  flower,  vegetable, 
shrub,  and  perfume  being  put  in  requisitica; 
figs,  cornels,  medlars,  roaes,  asparagas,  parsley, 
radishes,  laurels,  junipers,  cassia,  cinnamon, 
saffron,  nard,  malobathrum,  afford  bat  a  small 
sample.  It  must  be  remarked,  that  there  yns 
one  material  difference  between  the  ro«tbcd 
followed  by  the  Greeks  and  that  adopted  by  the 
Romans  in  cooking  these  potions.  The  fonser 
included  the  drug,  or  whatever  it  might  be,  in 
a  bag,  which  was  suspended  in  a  jar  of  winr. 
and  allowed  to  remain  as  long  as  was  thought 
necessary;  the  latter  mixed  the  flavooriag  in- 
gredient with  the  sweet  must,  and  feiment^^i 
them  together,  thus  obtaining  a  mnch  mnre 
powerful  extract ;  and  this  is  the  plan  puisatu 


VINUM 

for  British  wines,  except  that  we  are  obliged 
to  substitute  sugar  and  water  for  grape-juice 
(Geopon.  viii.  32,  33,  34;  Plin.  H.  iV,  xiv. 
§  98  ff. ;  Colum.  //.  oc. ;  Cato,  B.  H.  114,  115). 

But  not  only  were  spices,  fragrant  roots, 
leayes,  and  gums  steeped  in  wine  or  incorporated 
daring  fermentation,  but  even  the  precious  per- 
fumed essential  oils  (unguenta)  were  mixed  with 
it  before  it  was  drunk.  The  Greeks  were  ex- 
ceedingly partial  to  this  kind  of  drink  (Aelian, 
V,  //.  xii.  31).  We  also  learn  from  Aelian 
(/.  c.)  tnat  it  was  named  fAvf^tyirriSf  which 
seems  to  be  the  same  with  the  fiv^^bniit  of 
Poaeidippus  (Athen.  i.  p.  32  h),  the  fitf^imi  of 
Hesychius,  the  /ivpbnis  of  Pollux  (ti.  2),  and 
the  murrina  of  Plautus  {PseutM,  745 ;  compare 
nardini  amphoram^  Miles  Gi.  824 ;  Paul.  D.,  s.  vr. 
Murrata  poUo  and  Murrina).  (Hhers,  howe  yer, 
take  the  murrina  to  be  fdentical  with  myrtiUfs, 
i.e.  wine  either  made  from  myrtle-berries  or 
with  an  infusion  of  them  (Col.  /.  c. ;  cf.  (Jssing 
ad  loc.).  The  Komana  were  not  slow  to  follow 
the  example  set  them,  valuing  bitterness  so 
highly,  says  Pliny  {ff.  N,  xiii.  §  25),  that  they 
were  resolved  to  enjoy  costly  perfumes  with  two 
senses;  and  hence  the  expressions  foiiata  titire 
in  Martial  (xir.  110)  vadperfusa  mero  spmnant 
unguenta  Faiemo  in  Juvenal  (vi.  303). 

In  a  more  primitive  age  we  detect  the  same 
fondness  for  the  admixture  of  something  ex- 
traneous. Hecamede,  when  preparing  a  draught 
for  Nestor,  tills  his  cup  with  Pramnian  wine, 
over  which  she  grates  goat-milk  cheese  and 
sprinkles  the  whole  with  Hour  (//.  xi.  638),  the 
latter  being  a  common  addition  at  a  much  later 
epoch  (Athen.  x.  p.  432).  So  also  the  draught 
administered  by  Circe  {Od,  x.  234)  consisted  of 
wine,  cheese,  barley-meal,  and  honey;  aii.j 
according  to  Theophrastus  (Athen.  L  p.  32  a) 
the  wine  drunk  in  the  prytaneum  of  the 
Thasians  was  rendered  delicious  by  their  throw- 
ing into  the  jar  which  contained  it  a  cake  of 
wbeaten  flour  kneaded  up  with  honey.  (Com- 
pare Pint.  Symp.  i.  1,  4.) 

This  leads  us  on  to  notice  the  most  generally 
popular  of  all  these  compound  beverages,  the 
oiv6fi9Ki  of  the  Greeks,  the  mulaum  of  the 
Romans.  This  was  of  two  kinds;. in  the  one 
honey  was  mixed  with  wine,  in  the  other  with 
must.  The  former  was  said  to  have  been 
invented  by  the  legendary  hero  Aristaeus,  the 
first  cultivator  of  bees  (Plin.  xiv.  §  53),  and 
was  considered  roost  perfect  and  palatable  when 
made  of  some  old  rough  (austenim)  wine,  such 
as  Massic  or  Falernian  (although  Horace  objects 
to  the  latter  for  this  purpose,  Sat  ii.  4,  24),  and 
new  Attic  honey  (Mart.  iv.  13,  xiii.  108 ;  Dio- 
scor.  V.  16 ;  Macrob.  Sat  vii.  12).  The  propor- 
tions as  stated  in  the  Geoponic  collection  were 
four,  by  measure,  of  wine  to  one  of  honey ;  and 
various  spices  and  perfumes,  such  as  myrrh, 
cassia,  costum,  malobathruin,  nnrd,  and  pepper, 
might  be  added.  The  second  kind,  the  oenomelum 
of  Isidore  (Orig,  xx.  3,  §  11),  according  to  the 
Greek  authorities  (Geopon.  viii.  26),  was  made 
of  must  evaporated  to  one-half  of  its  original 
bulk,  Attic  honey  being  added  in  the  proportion 
of  one  to  ten.  This,  therefore,  was  merely  a 
very  rich  fruit  syrup,  in  no  way  allied  to  wine. 
The  virtues  of  muhum  are  detailed  by  Pliny 
(ff,  N.  xxii.  §  60;  cf.  Geopon.  /.  c.) ;  it  was 
considered  the  most  appropriate  draught  upon 


VINUM 


967 


an  empty  t^tomach,  and  was  therefore  swallowed 
immediately  before  the  regular  business  of  a 
repast  began  (Uor.  Sat.  ii.  4,  25;  Senec  £p. 
12'^;  Petron.  34),  and  hence  the  whet  (gusiatioy 
coming  before  the  cup  of  mulsuin  was  called 
the  promulais  (Cic.  ad  Fam.  ix.  16,  8,  and  20, 1). 
We  infer  from  Plautus  (^Bacch,  967,  1071  •  <im- 
pare  Liv.  xxxviii.  55,  2)  t^at  mulsum  was'  given 
at  a  triumph  by  the  Imperator  to  his  soldiers. 

Mulsum  (sc.  wnu/M)  or  olv6iAM\i  is  perfectly 
distinct  from  mulaa  (sc  aqua).  The  latter,  or 
n^ad,  being  made  of  honey  and  water  mixed  and 
fermented,  is  the  fuKUparov  or  H^p^inKi  of  the 
Greeks  (Geopon.  viii.  28 ;  IHoscorid.  v.  9 ;  Col. 
xU.  12,  3;  Isidor.  Orig,  xx.  3,  §  10;  Plin.  H,  N. 
xiv.  §  1 13),  although  Pollux  confounds  (vi.  2) 
fitXiKpoTOP  with  ouf6fit\t.  Again,  iipOfiriKoy 
(Geopon.  viii.  27)  or  hydromelum  (Isidor.  Orig, 
XX.  3,  §  11)  was  cider ;  h^iii^Ki  (Plin.  H,  N.  xiv. 
§  114)  was  a  compound  of  vinegar,  honey,  salt, 
and  pure  water,  boiled  together  and  kept  for  a 
long  time;  fMfi^Ki  was  a*  mere  confection  of 
expressed  juice  of  rose-leaves  and  honey  (Geopon. 
viii.  29). 

The  ancients  considered  old  wine  not  only 
more  grateful  to  the  palate  but  also  more  whole- 
some and  invigorating  (Athen.  i.  p.  26  a;  ii. 
p.  36  e).  Generally  speaking,  the  Greek  wines 
do  not  seem  to  have  required  a  long  time  to 
ripen  (cf.  Theocr.  vii.  147).  Nestor  in  the 
Odynsey,  indeed,  drinks  wine  ten  years  old  (iii. 
391),  and  wine  kept  for  sixteen  years  is  inci- 
dentally mentioned  by  Athenaeus  (xiii.  p.  584  b) ; 
but  the  connoisseurs  under  the  Empire  pro- 
nounced that  all  transmarine  wines  arrived  nt 
a  moderate  degree  of  maturity  (ad  vetustatcm 
mediam)  in  six  or  seven  (Plin.  xiv.  79).  Many 
of  the  Italian  varieties,  however,  as  we  shall  see 
below,  required  to  be  kept  for  twenty  or  twenty- 
five  years  before  they  were  drinkable  (which  is 
now  considered  ample  for  our  strongest  portjt), 
and  even  the  humble  growths  of  Sabinum  were 
stored  up  for  from  four  to  fifteen  (Hor.  Cdrm, 
i,  9,  7;  Athen.  i.  p.  26).  Hence  it  became  a 
matter  of  importance  to  hasten,  if  possible,  the ' 
natural  process.  This  was  attempted  in  various 
ways:  sometimes  by  elaborate  condiments 
(Geopon.  vii.  24),  sometimes  by  sinking  vessels 
containing  the  must  in  the  sea,  by  which  an 
artificial  mellowness  was  induced  (jpraecox 
vettutaa),  and  the  wine  in  consequence  termed 
thalasritea  (Plin.  H.  If,  xiv.  §  78) ;  but  more 
usually  by  the  application  of  heat  (Pint.  Symp, 
V.  3).  Thus  it  was  customary  to  expose  the 
amphorae  for  some  years  to  the  full  fervour  of 
the  sun's  rays,  or  to  construct  the  apotheoae  in 
such  a  manner  as  to  be  exposed  to  the  hot  air 
and  smoke  of  the  bath-furnaces  (Colum.  i.  6, 
20);  and  hence  the  name  fumaria  applied  to 
such  apartments,  and  the  phrases  fumoaos^ 
fwntan  bAere^  fuligine  testae  in  reference  to  the 
wines  (Tibull.  ii.  1,  26;  Hor.  Carm,  iii.  8,  11  ; 
Juv.  V.  35).  If  the  operation  was  not  conducted 
with  care,  and  the  amphorae  not  stoppered  down 
perfectly  tight,  a  disagreeable  effect  would  be 
produced  on  the  contents,  and  it  is  in  conse- 
quence of  such  carelessness  that  Martial  pours 
forth  his  maledictions  on  the  fumaria  of  Mar- 
seilles (x.  36;  iii.  82,  22;  xiii.  123). 

The  year  B.C.  121  is  said  to  have  been  a  season 
singularly  favourable  for  all  the  productions  of 
the  earth ;  from  the  great  heat  of  the  aatuma 


968 


VINUM 


the  wine  was  of  an  naprecedented  quality,  and 
remained  long  celebrated  as  the  Vinum  Opi- 
nUanum,  from  L.  Opimios  the  consul  of  that 
year,  who  slew  C.  Gracchus.  (Qic.  ^m^.  83, 
287;  Mart.  i.  26,  5,  &c.)  A  great  quantity 
had  been  treasured  up  and  sedulously  preserred, 
so  that  samples  were  still  in  existence  in  the 
aays  of  the  elder  Pliny,  nearly  two  hundred 
years  afterwards.  It  was  reduced,  he  says,  to 
the  consbtence  of  rough  honey,  and,  like  other 
Tery  old  wines,  so  strong  and  harsh  and  bitter 
as  to  be  undriukable  until  largely  diluted  with 
water.  Such  wines,  howeyer,  he  adds,  were 
useful  for  flaTouring  others  when  mixed  in  small 
quantities  (xir.  §§  55,  94). 

Our  most  direct  information  with  regard  to 
the  price  of  common  wine  in  Italy  is  derired 
from  Columella  (iii.  3,  §  10),  who  reckons  that 
the  lowest  market  price  of  the  most  ordinary 
quality  was  300  sesterces  for  40  urnae ;  that  is, 
15  sesterces  for  the  amphora,  or  6d,  a  gallon 
nearly.  At  a  much  earlier  date,  the  triumph 
of  L.  Hetellus  during  the  First  Punic  War  (b.c. 
250),  wine  was  sold  at  the  rate  of  8  asses  the 
amphora  (Varro,  ap.  Plin.  H,  N,  xriii.  §  17),  but 
this  is  quoted  as  an  instance  of  extraordinary 
cheapness,  and  in  the  year  B.C.  89  the  censors 
P.  Licinius  Orassus  and  L.  Julius  Caesar  issued  a 
proclamation  that  no  one  should  sell  Greek  and 
Aminean  wine  at  so  high  a  rate  as  8  asses  the 
amphora ;  but  this  was  probably  intended  as  a 
prohibition  to  their  being  sold  at  all,  in  order  to 
check  the  taste  then  beginning  to  display  itself 
for  foreign  luxuries,  for  we  tind  that  at  the 
same  time  they  positively  forbade  the  use  of 
exotic  unguents  (Plin.  JSl  N,  xiy.  §  95,  xiii.  §  24). 

The  price  of  native  wine  at  Athens  was  four 
drachmas  for  the  metretes — that  is,  about  4^ 
the  gallon — ^when  necessaries  were  dear,  and 
Boeckh  considers  that  we  may  assume  one-half  of 
this  sum  as  the  average  of  cheaper  times.  In 
fact,  we  find  in  an  agreement  in  Demosthenes 
(in  Lacrit.  p.  928)  3000  jars  (lupdfua)  of  Men- 
daean  wine,  which  we  know  was  used  at  the 
most  sumptuous  Macedonian  entertainments 
(Athen.  iv.  p.  129  d),  valued  at  600  drachmas. 
If  the  Kfpdfiiov  is  rightly  estimated  as  about 
two*thirds  of  the  A^i^pc^f,  and  as  holding 
nearly  six  gallons,  this  gives  little  more  than 
2d.  a  gallon ;  but  still  more  astonishing  is  the 
marvellous  cheapness  of  Lusitanian  wine,  of 
which  more  than  ten  gallons  were  sold  for  3<i. 
Of  course  we  must  remember  that  the  purchasing 
power  of  money  was  far  higher  then  than  at 
present.  On  the  other  hand,  high  prices  were 
given  freely  for  the  varieties  held  in  esteem, 
since,  as  early  as  the  time  of  Socrates,  a  metretes 
of  Chian  sold  for  a  mina  (Plut.  cU  AninL  Dran^ 
qtutt.  10 ;  Boeckh,  F.  E^  Book  i.  c.  xvi.). 

With  respect  to  the  way  in  which  wine  was 
drunk,  and  the  customs  observed  by  the  Greeks 
and  Romans  at  their  drinking  entertainments, 
the  reader  is  referred  to  the  article  Stmfosium. 

It  now  remains  for  us  to  name  the  most 
esteemed  wines,  and  to  point  out  their  localities ; 
but  our  limits  will  allow  us  to  enumerate  none 
but  the  most  celebrated.  As  far  as  those  of 
Greece  are  concerned,  our  information  is  scanty ; 
since  in  the  older  writers  we  find  but  a  small 
number  defined  by  specific  appellations,  the 
general  term  otvos  usually  standing  alone  with- 
out any  distinguishing  epithet.    The  wine  of 


VINUM 

most  early  celebrity  was  that  which  the  minister 
of  Apollo,  Maron,  who  dwelt  upon  the  skirts  of 
Thracian  Ismarus,  gave  to  Ulysses.  It  was  ret 
{ipv0p6v)y  and  honey-sweet  (/tcAii|8ea) :  » 
precious,  that  it  was  unknown  to  all  in  t\t 
mansion,  save  the  wife  of  the  priest  and  cue 
trusty  housekeeper ;  so  strong,  that  a  single  rap 
was  mingled  with  twenty  of  water ;  so  irmgruit, 
that  even  when  thus  diluted  it  diffused  a  dirine 
and  most  tempting  perfume  {Od.  ix.  2Dd). 
PUny  {ff.  N,  xiv.  §  54)  asserts  that  wine  %u 
produced  in  the  same  region  in  his  own  dsr, 
which  would  bear  eight  times  its  own  amount 
of  water.  Homer  mentions  also  more  than 
once  (77.  xi.  638 ;  Od,  x.  234)  I^rtmmitm  vme 
{ohos  npdfufttos),  an  epithet  which  is  variously 
interpreted  by  certain  different  writers  (Athea. 
i.  p.  22  0*  1^«  Scholiast  on  IL  Lc  explains 
that  it  got  its  name  from  a  hill  in  Caria.  It 
seems  to  have  been  rather  the  name  of  a  kind  of 
vine.  (Of.  Ebeling,  Lex.  Bom.  a.  r.)  In  afUr- 
times  a  wine  bearing  the  same  name  was  pro- 
duced in  the  island  of  Icaria,  aroond  the  hill 
village  of  Latorea,  in  the  vicinity  of  Epbesu, 
in  the  neighbourhood  of  Smyrna  near  the  shrine 
of  Cybele,  and  in  Lesbos  (Athen.  i.  pw  30  c,  4c. ; 
Plin.  xiv.  §  54).  The  Pramnian  of  Icaiis  is 
characteris«i  bv  Eparchides  as  dry  (ficknfis), 
harsh  (a&onypot),  astringent  and  remarkablj 
strong, — qualities  which,  according  to  Arista 
phanes,  rendered  it  particularly  unpalatable  to 
the  Athenians  (Athen.  L  p.  30  c). 

But  the  wines  of  greatest  renown  during  the 
brilliant  period  of  Grecian  history  and  after  the 
Roman  conquest  were  grown  in  the  islands  of 
Thasos,  Lesbos,  Chios,  and  Cos,  and   in  a  few 
favoured   spots  on  the  opposite  coast  of  Asis 
(Strabo,  xiv.  p.  637),  such  as  the  slopes  of  Mount 
Tmolus,  the  ridge  which  separatea  the  valley  of 
the  Hermus  from  that  of  the  CaJ^ster  (Plin.  r. 
§  110;    Verg.  Oeorg.  iL  97 ;  Ovid,  Met.  vi  15); 
Mount  Messogis,  which   divides  the  tributaries 
of  the  Cayster  from  those  of  the    Maeaader 
(Strabo,  xiv.  p.  650) ;  the  volcanic  region  of  the 
Catacecaumene  (Vitrnv.  iii.  3),  which  still  re- 
tains its  fame  (Keppel's  TVore/s,  ii.  p.  355);  tlie 
environs  of  Ephesus  (Dioscorid.  v.  12X  of  Cnidns 
(Athen.  i.  p.  29  a),  of  Miletus  (Athen.  L  c),  sad 
of  Clazomenae  (Plin.  xiv.  §  73  0-     Among  these 
the  first  place  seems  to  have  been  by  geoenl 
consent  conceded   to  the   Cfuan,  of  which  the 
most  delicious  varieties  were  brought  firom  the 
heights  of  Ariusium,  in  the  central  parts  (Ver;. 
EcL  V.  71 ;  Plin.  If.  N,  xiv.  §  73  ;  SiUus,  rii. 
210),  and  from  the  promontory  of  Pbanae  at  the 
southern  extremity  of  the  island  (Verg.  Gforg. 
ii.  98).    The  7%asiaH  and  Lesbian  oocupied  the 
second  place,  and  the  Coon  disputed  the  palm 
with  them  ^Athen.  i.  pp.  28, 29,  &c).     In  Lesbos 
the  most  highly  prized  vineyards  were  aroond 
Mytilene  (Athen.  i.  p.  30  b ;  iiu  p.  86  e,  p.  92  dX 
and  Methymna  (Athen.  viii.  p.  363  b;  Paossn. 
X.  19;  Verg.  Qeorg.  ii.  89;  Ovid,  Ar.  Am.LhT). 
Pliny  (xiv.  §  73),  who  gives  the  preference  over 
all  others  to  the   Qazomenum  because  it  wss 
least  flavoured  with  brine,  says  that  the  Lesbtsn 
had  naturally  a  taste  of  salt  water,  while  the 
epithet  *'  innocens,**  applied  by  Horace  (Cbna.  i 
17,  21),  seems  to  point  out  that  it  was  light  sad 
wholesome. 

It  may  here  be  observed  that  there  is  ne 
foundation  whatever  for  the  xemark  that  the 


VINXJM 

finest  Greek  wines,  especially  the  products  of  the 
islands  in  the  Aegean  and  Ionian  seas,  belonged 
for  the  most  part  to  the  luscious  sweet  class. 
The  very  reverse  is  proved  by  the  epithets 
avonyp^s,  trK\iip6s,  Xtwrdst  and  the  like,  applied 
to  a  great  number,  while  7Xvicv(  and  y\vKd(»y 
are  designations  comparatively  rare,  except  in 
the  vague  language  of  poetry.  **  Vinum  omne 
dulce  minus  odoratum,"  says  Pliny  (/^.  If.  xiy. 
§  80),  aAd  the  ancients  appear  to  have  been  fully 
sensible  that  sweet  wines  could  not  be  swallowed 
either  with  pleasure  or  safety,  except  in  small 
quantities.  The  mistake  has  arisen  from  not 
perceiving  that  the  expressions  oJvos  ykvKhs  and 
olyos  ii9bs  are  by  no  means  necessarily  synony- 
mous. The  former  signifies  wine  positively  steeet^ 
the  latter  wine  agreeable  to  the  taste  from 
the  absence  of  oddity ^  in  most  cases  indicating 
nothing  more  than  soufM^  tctmr. 

It  is  well  known  that  all  the  most  noble 
Italian  wines,  with  a  very  few  exceptions,  were 
derived  from  Latium  and  Campania,  and  for  the 
most  part  grew  within  a  short  distance  of  the 
sea.  '*  The  whole  of  these  places,"  says  Strabo 
(v.  p.  234),  when  describing  this  coast,  '*  yield 
excellent  wine ;  among  the  most  celebrated  are 
the  Caecuban,  the  Fundanian,  the  Setinian,  and 
so  also  are  the  Falemian,  the  AJban,  and  the 
Statinian.'*  But  the  classification  adopted  by 
Pliny  (xiv.  §  59  f.)  will  prove  our  best  guide, 
and  this  we  shall  follow  to  a  certain  extent. 

In  the  first  rank,  then,  we  must  place  the 
Setinvmif  which  fairly  deserves  the  title  of 
Iinf^erialy  since  it  was  the  chosen  beverage  of 
Augustus  and  most  of  his  courtiers.  It  mw 
upon  the  hills  of  Setia,  abore  Forum  Appii,  look- 
ing; down  upon  the  Pomptine  marshes.  (*'  Pen- 
dula  Pomptinos  quae  spectat  Setia  campos," 
Mart.  xiii.  112  ;  see  also  vi.  86,  ix.  3,  x.  74,  xiii. 
112 ;  Juv.  v.  34;  Silius,  viii.  378;  Plin.  IT,  AT. 
1.  c.)  Before  the  age  of  Augustus  the  Caecubum 
was  the  most  prized  of  all.  It  grew  in  the 
poplar  swamps  bordering  on  the  gulf  of  Amyclae, 
close  to  Fundi  (Mart.  xiii.  115).  In  the  time  of 
Pliny  its  reputation  was  entirely  gone,  partly 
in  consequence  of  the  carelessness  of  the  culti- 
vators, and  partly  from  its  proper  soil,  origin- 
ally a  very  limited  space,  having  been  cut  up 
by  the  canal  of  Nero  extending  from  Baiae  to 
Ostia.  Cf.  Plin.  xxiii.  §  35 :  <*  Caecuba  jam  non 
gignuntur."  The  name,  however,  continued  to 
be  used  for  any  first-class  wine  (Galen,  x.  p.  834). 
Galen  (Athen.  i.  p.  27  a)  represents  it  as  gene- 
rous, full-bodied,  and  heady,  not  arriving  at 
maturity  until  it  had  been  kept  for  many  years 
(Plin.  /.  c. ;  Strabo,  v.  p.  231 ;  Mart.  xiii.  115 ; 
Uor.  Carm,  i.  20,  9,  iii.  23,  2,  &c.). 

The  second  rank  was  occupied  by  the  FaUet' 
ntmiy  of  which  the  Fcautiantun  was  the  most 
choice  variety,  having  gapped  its  character  from 
the  care  and  skill  exercised  in  the  cultivation 
of  the  vines ;  but  when  Pliny  wrote,  it  was  be- 
ginning to  fall  in  public  estimation,  in  conse- 
quence of  the  growers  being  more  solicitous 
about  quantity  than  quality.  The  Falemus 
pger,  concerning  the  precise  limits  of  which 
there  have  been  many  controversies,  commenced 
at  the  Pons  Campanus,  on  the  left  hand  of 
those  journeying  towards  the  Urbana  Colonia  of 
Sulla  (cf.  Diet,  Qeog,  s.  v.);  the  Faiistianu9 
ager  at  a  village  about  six  miles  from  Sinuessa, 
10  that  the  whole  district  in  question  may 


VINTJM 


969 


be  regarded  as  stretching  froifl  the  Massic 
hills  to  the  river  Vultumus.  Falernian  be- 
came fit  for  drinking  in  ten  years,  and  might 
be  used  when  twenty  years  old,  but  when  kept 
longer  gave  headaches,  and  proved  injurious 
to  the  nervous  system  (Plin.  xxiii.  §  34).  Pliny 
distinguishes  three  kinds,  the  rough  (austerum\ 
the  sweet  (dulce),  and  the  thin  {tenue);  Galen 
{ap,  Athen.  i.  p.  26  c)  two  only,  the  rough 
laifffTfipbs)  and  the  sweetish  (yXvKdCw).  When 
the  south  wind  prevailed  during  the  season  of 
the  vintage,  the  wine  was  sweetish  and  darker 
in  colour  (fifKdarr^poi) ;  but  if  the  grapes  were 
gathered  during  weather  of  a  different  de- 
scription, it  was  rough  and  tavmy  or  amber- 
coloured  {ki^^6s).  The  ordinary  appearance 
of  Falernian,  which  has  been  made  a  theme  of 
considerable  discussion,  seems  to  be  determined 
by  a  passage  in  Pliny  {H.  N.  xxxvii.  §  47),  in 
which  we  are  informed  that  the  finest  amber 
was  named  Fakmxu  Others  arranged  the  varie- 
ties differently  ;  that  which  grew  upon  the  hill- 
tops thev  called  Caudnum,  that  on  the  middle 
slopes  Fauatianw/n,  that  on  the  plain  Falemum 
(Plin.  /.  c. ;  Athen.  i.  p.  26  c ;  Hor.  Conn.  i.  20, 
10;  Prop.  iv.  6;  Martial,  ix.  95;  Silius,  vii. 
159).  It  was  unknown  to  Plautus  and  Cato, 
but  occurs  in  Catullus  and  Varro. 

In  the  third  rank  was  the  Albanum,  from  the 
Mons  Albanus  (Mona  luleta.  Mart.  xiii.  109),  of 
various  kinds,  very  sweet  (praedulce),  sweetish 
(y\vKd(my)f  rough  (Plin.  xxiii.  §  36X  and  sharp 
(oft^Mciof ) ;  it  was  invigorating  (nervis  uiilejj 
and  in  perfection  after  being  kept  for  fifteen 
years  (Plin.  tt.  cc.;  Mart.  xiU.  109;  Hor.  Sat, 
ii.  8,  14 ;  Juv.  v.  33 ;  Athen.  i.  p.  26  d).  Here 
too  we  place  the  Surrentiman,  from  the  pro- 
montory forming  the  southern  horn  of  the  bay 
of  Naples,  which  was  not  drinkable  until  it  had 
been  kept  for  five-and-twentv  years ;  for,  being 
destitute  of  richness  (AXir^t)  and  very  dry 
(4«^ap^f),  it  required  a  long  time  to  ripen,  but 
was  strongly  recommended  to  convalescents,  on 
account  of  its  thinness  and  wholesomeness. 
Galen,  however,  was  of  opinion  that  it  agreed 
with  those  only  who  were  accustomed  to  use  it 
constantly ;  Tiberius  was  wont  to  say  that  the 
physicians  had  conspired  to  dignify  what  was 
only  generous  vinegar;  while  his  successor, 
Gains  Caesar,  styled  it  nobilis  vappa  (Plin.  xiv. 
§  64 ;  Athen.  /.  c).  Of  equal  reputation  were 
the  Massicum,  from  the  hills  which  formed 
the  boundary  between  Latium  and  Campania, 
although  somewhat  harsh,  as  would  seem,  from 
the  precautions  recommended  by  the  epicure  in 
Horace  (Sat,  ii.  4,  51 :  cf.  Carm.  i.  1,  19 ;  i.  7, 
21 ;  iii.  21 ;— Mart.  xuL  111 ;  Silius,  vU.  207), 
and  the  Oaurammij  from  the  ridge  above  Baiae 
and  Puteoli,  produced  in  snuill  quantity,  bat  of 
very  high  quality,  full-bodied  (ctfroyos)  and 
thick  (irdxvs).  (Athen.  /.  c. ;  Plin.  xiv.  §  63 :  cf. 
iiL  §  60 ;  Flor.  iii.  5.)  In  the  same  class  are  to 
be  included  the  Caiemtm  from  Cales,  and  the  /*«n- 
dawum  from  FundL  Both  had  formerly  held  a 
higher  place,  ^  but  vineyards,"  moralises  Pliny 
(xiv.  §  65), ''  as  well  as  states,  have  their  periods 
of  rise,  of  glory,  and  of  fall."  The  Calenum 
was  light  (iroO^f),  and  better  for  the  stomach 
than  Falernian ;  the  Fundanum  was  full-bodied 
(ci^oyos)  and  nourishing,  but  apt  to  attack  both 
stomach  and  head ;  therefore  little  sought  after 
at  banquets  (Strabo,  v.  p.  234 ;  Athen.  i.  p.  27  a  ; 


970 


vmuM 


Hor.  Carm,  i.  31,  9;  Juv.  i.  69;  Mart.  z.  35, 
xiii.  113).  This  list  is  closed  by  the  Velitemumy 
FrivemaSf  and  Signmum^  from  Velitrae,  Pri- 
vemum,  and  Signia,  towns  on  the  VoUdan  hills : 
the  first  was  a  sound  wine,  but  had  this  peca- 
liaritj,  that  it  always  tasted  as  if  mixed  with 
some  foreign  sabstance;  the  second  was  thin 
and  pleasant ;  the  last  was  looked  upon  only  in 
the  light  of  a  medicine,  valuable  for  its  astrin- 
gent qualities  (Athen.  i.  p.  27  b;  Plin.  /.  c. ; 
Mart.  xiii.  116).  We  may  safely  bring  in  one 
more,  the  Formianunij  from  the  gulf  of  Caieta 
(**Laestrygonia  Bacchus  in  amphora,"  Hor.  Carm, 
iii.  16,  34X  associated  by  Horace  with  the  Cae- 
cuban,  Falernian,  and  Calene  (Hor.  dorm.  i.  20), 
and  compared  by  Galen  (ap.  Athen.  i.  p.  26  e) 
to  the  Privernas  and  Rheginum,  but  richer 
{\twaptir4pos%  and  ripening  quickly. 

The  fourth  rank  contained  the  Mamertinwny 
from  the  neighbourhood  of  Messana,  first  bronght 
into  fashion  by  Julius  Caesar  (Mart.  xiii.  117). 
The  finest,  called  Potitianum  {*lwra\uf0St  Athen. 
i.  p.  27  d),  from  the  fields  nearest  to  the  main 
landy  was  sound  (48vs),  light,  and  at  the  same 
time  not  without  body.  The  Jburcmautcmum 
was  frequently  substituted  fraudulently  for  the 
Mamertinnm,  which  it  resembled  (Athen.  i. 
p.  27  d ;  Plin.  /.  c). 

The  wine  of  Etruria  was  proTerbially  bad, 
even  that  of  the  Mons  Vaticanus  (Mart.  i.  26, 6 ; 
vi.  92, 3,  &C.).  At  Ravenna  wine  was  very  cheap 
and  abundant  (Mart.  iii.  56,  57)^  and  the 
Rhaetian  wine  of  Verona  was  famous  (Verg. 
Georg,  iL  96 ;  Plin.  xir.  §  67). 

Of  the  wines  in  Southern  C^ul,  that  of  Baeter* 
roe  alone  bore  a  high  character.  The  rest  were 
looked  upon  with  suspicion,  in  consequence  of 
the  notorious  frauds  of  the  dealers  in  the  Pro- 
vince, who  carried  on  the  business  of  adultera- 
tion to  a  great  extent,  and  did  not  scruple  to 
have  recourse  to  noxious  drugs.  Among  other 
things,  it  was  known  that  they  purchased  aloes, 
to  heighten  the  flavour  and  improve  the  colour 
of  their  merchandise,  and  conducted  the  process 
of  artificial  ripening  so  unskilfully  as  to  impart 
a  taste  of  smoke,  which  called  forth,  as  we  have 
seen  above,  the  malediction  of  Martial  on  the 
fumaria  of  Marseilles  (Plin.  H.  N,  xiv.  §  68). 

The  produce  of  the  Balearic  isles  was  com- 
pared to  the  first  growths  of  Italy,  and  the 
same  praise  was  shared  by  the  vineyards  of 
Tarraoo  and  Laurouy  while  those  of  the  Laletani 
were  not  so  much  famed  for  the  quality  as  for 
the  abundance  of  their  supply  (Plin.  H.  N.  xiv. 
§  71;  Mart.  xiii.  118;  Silius,  iii.  370). 

Returning  to  the  East,  several  districts  of 
Pontns,  Paphlagonia,  and  Bithvnia,  Lampsacus 
on  the  Hellespont,  Telmessus  in  Caria,  Cyprus, 
Tripolis,  Berytus,  and  Tyre,  all  claimed  dis- 
tinction ;  and  above  all  the  Chaiybonium,  origin- 
ally from  Beroea,  but  afterwards  grown  in  the 
neighbourhood  of  Damascus  also,  was  the  chosen 
and  only  drink  of  the  Great  King  (Plin.  H,  N. 
xiv.  §  73 ;  Geopon.  v.  2 ;  Athen.  i.  p.  28  d%  to 
which  we  may  join  the  Ba6v/oiitiim,  called  nectar 
by  Chaereus  (Athen.  i.  p.  29  f),  and  the  B60Kwos 
from  Phoenicia,  which  found  many  admirers 
(Athen.  i.  p.  29  b).  The  last  is  spoken  of  else- 
where as  Thracian,  or  Grecian,  or  Sicilian,  which 
may  have  arisen  from  the  same  grape  having 
been  disseminated  through  these  countries. 
(Compare  Herod,  ii.  35 ;  Athen.  i.  p.  31  a.) 


VINUM 

Passing  on,  in  the  last  place,  to  Egypt,  where, 
according  to  Hellanicus,  the  vine  waa  first  dis- 
covered, the  MareoHctunj  from  near  Alexandria, 
demands  our  attention.     It  is  highly  extolled  by 
Athenaeus,  being  white,  sweet,  fragrant^  light 
{\rwT6$y,  circulating  quickly  through  the  frame, 
and  not  dying  to  the  head ;  but  iioperior  even  to 
this  was  the  Taenkiicunij  so  named  from  a  long 
narrow  sandy  ridge  (rcujria)  near  the  westera 
extremity    of   the    Delta;     it    was    aromatic, 
slightly  astringent,  and  of  an  oily  consistencr, 
which  disappeared  when  it  was    nolxed   with 
water :  besides  these  we  hear  of  the  Sebensijfti- 
cuniy  and  the  wine  of  Antylla,  a  town  not  far 
from  Alexandria.    Advancing  up  the  valley,  tde 
wine  of  the  Thebais,  and  especially  of  Coptos, 
was  so  thin  and  easily  thrown  off  that  it  eooli 
be  given  without  injury  to  fever  patients ;  ani 
ascending  through  Nubia  we  reach  Jtferoe,  who»e 
wine  has  been  immortalised  by  Lucan  (Athen.  i. 
p.  33  f;  Strab.  xvii.  p.  799;  Hor.  Conn.  i.  37, 
14;  Verg.  Qeorg.  ii.  91;  Lucan,  x.  162;  Plin. 
JET.  N.  xiv.  §  74).    Martial  appears  to  hare  held 
them  all  very  cheap,  since  he  pronounces  the 
vinegar  of  Egypt  better  than  its  wine  (xiiL  122). 

We  read  of  several  wines  which  received  their 
designation,  not  from  the  region  to  which  ther 
belonged,  but.  from  the  particular  kind  of  grape 
from  which  they  were  made,  like  the  Pnmaian, 
or  from  some  circumstance  connected  with  their 
history  or  qualities.  Names  belonging  to  the 
former  class  were  in  all  likelihood  bestowed 
before  the  most  favoured  districts  were  generally 
known,  and  before  the  effects  produced  upon  the 
vine,  by  change  of  soil  and  climate,  had  been 
accurately  observed  and  studied.  After  these 
matters  were  better  understood,  habit  and 
mercantile  usage  would  tend  to  perpetuate  the 
ancient  appellation.  Thus,  down  to  a  late 
period,  we  hear  of  the  Amiftneum  (^Afuwmat 
oJpoSt  Hesych.),  from  the  Amamea  titis,  which 
held  the  first  place  among  vines,  and  embraced 
many  varieties,  carefully  discriminated  and 
cultivated  according  to  different  methods  (Plin. 
ff,  N,  xiv.  §  46 ;  Cato,  22.  iZ.  6  and  7 ;  CoiiUD. 
iii.  2,  §  7 ;  9,  §  3>  It  was  of  Grecian  origin, 
having  been  conveyed  by  a  Thesaalian  tribe  to 
Italy  (a  story  which  would  seem  to  refer  to 
some  early  migration),  and  reared  chiefly  in 
Campania  around  Naples,  and  in  the  Falernns 
ager.  Its  characteristic  excellence  was  the 
great  body  and  consequent  durability  of  its 
wine  (firmissima  vma,  Verg.  Georg,  ii.  97  ;  Galen, 
Meth.  med.  xii.  4 ;  Geopon.  viii.  22 ;  Cela.  iv.  2 ; 
Macrob.  ii.  16 ;  Auson.  Ep.  xviii.  82 ;  Seren. 
Samm.  xxix.  544).  So,  in  like  manner,  the  i^tBUs 
otpos  (Athen.  i.  p.  28  fX  from  the  ^Ma. 
&far€\os  (Colum.  iii.  2,  §  24),  which  Virgil  tells 
us  {Genrg.  ii.  93)  was  particularly  suitable  for 
passmOy  and  the  jcarWfs  (smoke-wine)  of  Plato 
the  comic  poet  (Athen.  i.  p.  31  e),  prepared  in 
greatest  perfection  near  Bieneventum,  from  the 
icdwcos  t^ircXos,  so  named  in  consequence  of 
the  clusters  being  neither  white  nor  black,  but 
of  an  intermediate  dusky  or  smoky  hue  (Theophr. 
H.  P.  ii.  4,  C.  P.  V.  3;  Aristot.  d$  Gemer.  iv.  4 ; 
Plin.  JET.  N.  xiv.  §  39 ;  compare  xxxvii.  {  118, 
on  the  gem  Cdpnias), 

On  the  other  hand,  the  Sovptos;  on  whoee 
divine  fragrance  Hermippus  descants  in  audi 
glowing  language  (Athen.  L  p.  29  e),  ia  simply 
some  rich  wine  of  great  age,  **  toothlesi^  and 


/ 


VIOCUBI 

■ere,  and  wondrous  old"  {Mtrras  oint  tx^^f 
f}9i|  (rearaihs  ,  .  .  yipnv  7c  8ai/ioi'(«s,  Athen.  x. 
p.  441  a;  se«  Eostath.  ad  Horn.  Od,  ii.  340; 
Oasaab,  cd  Athen.  i.  p.  29).  The  origin  of  the 
title  iafOovtdas  is  somewhat  more  doubtful: 
some  will  have  it  to  denote  wine  from  a  sweet- 
amelling  spot  (Suid.  s.  v.) ;  others  more  reason- 
ably refer  it  to  the  "bouquet"  of  the  wine 
itself  (Uesych.  s,  v.);  according  to  Phanias  of 
£resus,  in  one  passage,  it  was  a  compound 
formed  by  addine  one  part  of  sea-water  to  fifty 
of  must,  although  in  another  place  he  seems  to 
say,  that  it  was  wine  obtained  from  grapes 
gathered  before  they  were  ripe  (Athen.  i.  p.  32  a ; 
compare  p.  462  e). 

Those  who  desire  more  minute  details  upon 
this  Tery  extensive  subject  may  consult  the 
Geoponic  Collection,  books  iii.  to  riii.  inclusive  ; 
the  whole  of  the  14th  book  of  Pliny's  Natural 
History^  together  with  the  first  sixty  sections 
of  the  23rd',  the  12th  book  of  Columella,  with 
the  commentary  of  Schneider  and  others;  the 
2nd  book  of  Virgil's  Georgica,  with  the  remarks 
of  Heyne,  Voss,  and  the  old  grammarians ;  Galen, 
Tol.  vL  334-339,  xiv.  28  if. ;  Pollux,  vi.  foil. ; 
Athenaeus,  lib.  L  and  lib.  x. ;  besides  which 
there  are  a  multitude  of  passages  in  other  parts 
of  the  above  authors,  in  Cato,  Varro,  and  in  the 
classics  generally,  which  bear  more  or  less  upon 
these  topics. 

Of  modern  writers  we  may  notice  particularly, 
Prosper  Kendella,  Tractaius  de  Vinea,  Vindcmia 
€t  Vtho,  Venet.  1629;  Galeatlus  Landrinus, 
Quaestio  de  Mixtione  Fmt  H  Aquae,  Ferrar. 
1593  ;  Andreas  Baccius,  de  Natwrali  Vincrum 
Jlistoriuj  &c,  Kom.  1596,(20  Contiviis  Aniiqwrum, 
&c.,  Gronov.  Thes.  Graec.  Antiq. ;  Sir  Edward 
Barry,  Ob$ervatio7U  on  the  Wmti  of  the  Ancients, 
Load.  1775 ;  Henderson,  History  of  Ancient  tutd 
modem  Wines,  Lond.  1824.  Some  of  the  mo»t 
important  facts  are  presented  in  a  condensed 
form  in  Becker-GsU's  Ga/Ztis,  vol.  iii.  pp.  412- 
442,  and  CharikUs,  vol.  ii.  337-^52 ;  and  in 
Marquardt,  B&nu  PritHitalU  ii.  54-84 :  cf.  also 
V.  Hehn,  Kviturpflanzen,*  ^^.  63-84. 

[W.R.]    [A.  S.  W.] 

VIOCU'RI.    [Viae.] 

VIRGAE.    [Fasces.] 

VIS.  Laws  were  passed  at  Rome  for  the  pur- 
pose of  making  various  acts  of  violence  criminal. 
The  Lex  Plotia  or  Plautia,  perhaps  named 
after  H.  Plautius  Silvanus,  D.C.  89,  appears  to 
have  first  made  vis  the  subject  of  a  special 
judicium  publicum,  crimes  of  violence  having 
previously  only  been  punished  when  they  could 
be  brought  under  the  head  of  majestas  or  of  the 
crimen  de  sicariis  et  veneficis.  The  Lex  Plautia 
was  enacted  against  those  who  devastated 
houses,  or  who  occupied  public  places  and 
carried  arms,  or  who  attempted  to  influence  the 
magistrates  and  senate  by  assembling  bodies  of 
armed  men(Cic.  ad  Att.  ii.  24 ;  (fe  karusp,  Besp, 
8,  15 ;  pro  Cad.  1,  1 ;  the  dissertation  of 
Waechter,  Neues  Archiv  des  Criminalrediis, 
vol.  xiii.,  reprinted  in  Orellu  Onomasticon\ 

Besides  other  subsidiary  laws  under  the 
Republic  on  the  subject  of  vis,  the  nature  of 
which  is  doubtful,  there  was  a  Lex  Julia 
of  the  dictator  Caesar,  which  made  certain 
kinds  of  vis  subject  to  aquae  et  ignis  interdictio 
(Qc.  Phil.  i.  9,  21).  Under  Augustus  the  law 
oonceming  vis  was  the  subject  of  two  Juliae 


VIS 


971 


leges,  which  consolidated  previous  enactments 
and  became  the  basis  of  subsequent  laws.  These 
leges  were  respectively  entitled  de  vi  publioa  and 
de  vi  privata.  There  has  been  considerable 
difference  of  opinion  as  to  the  meanine  of  the 
distinction  thus  made  between  vis  publica  and 
vis  privata.  The  explanation  of  some  writers  is 
that  vis  publica  was  vis  exercised  by  public  per- 
sons, as  by  magistrates,  while  vis  privata  was  that 
of  private  individuals.  Another  view  is  that  vis 
was  pfublica  when  deadly  weapons  were  employed, 
privata  when  they  were  not.  The  most  probable 
explanation  is  that  originally  vis  publica  meant 
such  vis  as  was  an  open  violation  of  a  right  of 
the  state;  vis  privata,  on  the  other  hand, 
would  be  VIS  which  seemed  mainly  to  affect  an 
individual  right,  though  it  was  made  criminal 
as  interfering  with  the  function  of  the  state 
in  maintaining  public  order  (cf.  Rein,  cit. 
infr.).  it  is  to  be  remembered,  however,  that 
various  acts  of  vis  which  under  the  Julian  laws 
were  treated  as  vis  privata,  were  subsequently 
made  vis  publics,  in  order  to  punish  them  with 
greater  severity.  Hence  we  find  acts  mentioned 
by  Paulus  (cit.  infr.)  as  vis  privata  included  in 
the  Digest  under  vis  publica. 

The  Lex  de  Vi  Publica  did  not  apply,  as  the 
title  might  seem  to  import,  exclusively  to  acts 
against  the  public  peace,  and  it  is  not  possible  to 
define  it  except  by  enumerating  its  chief  pro- 
visions (cf.  Paul.  /.  c. ;  Dig.  cit.  infr.).  According 
to  the  law  of  the  Digest,  it  was  vis  publica  to 
collect  arms  (tela)  in  a  house  or  in  a  villa 
except  for  the  purpose  of  hunting,  or  going  a 
journey  or  a  voyage,  the  word  tela  being 
extensively  interpreted  so  as  to  be  equivalent  to 
arma;  to  attack  houses  with  armed  men;  to 
evict  a  person  with  an  armed  force  (homtnibus 
armatis)\  to  appear  in  court  or  in  a  public 
assembly  with  arms  for  the  purpose  of  intimida- 
tion ;  for  a  candidate  to  attempt  to  influence  an 
election  by  assembling  a  mob  (turba)  or  a  gang 
of  slaves ;  to  cause  a  mob  to  assemble  for  various 
unlawful  purposes ;  to  interfere  in  various  ways 
with  the  due  administration  of  justice,  as  by 
preventing  judices  from  exercising  their  functions 
in  security,  or  by  forcibly  hindering  an  accused 
person  from  going  to  Rome  to  take  his  trial  on 
the  day  fixed  for  it  (**ne  quia  reum  vinciat 
impediatve,  qoominus  intra  certum  tempus 
adsit ")  }  to  assault  or  insult  ambassadors ;  for  a 
magistrate  to  abuse  his  power  by  causing  a 
Roman  citizen  to  be  tortur^  (cf.  Acts  xxiiU  25), 
or  to  be  executed  without  allowing  an  appeal  to 
Rome  (cf.  Acts  xxv.  10-12) ;  for  a  magistrate 
to  compel  people  to  pay  illegal  taxes  (**  qui  nova 
vectigalia  exercet ") ;  to  interfere  by  force  with 
the  burial  of  a  person;  to  commit  rape;  to 
compel  a  person  by  force  to  promise  games  or 
gifts  to  the  people,  Sic. 

The  punishment  for  the  violation  of  the  Lex 
Julia  de  vi  publica  was  aquae  et  ignis  interdictio 
(subsequently  deportatio  in  insuiam),  except  in 
the  case  of  attacking  and  plundering  houses  or 
villas  with  an  armed  band,  in  which  case  the 
punishment  was  death ;  and  the  penalty  was  the 
same  for  carrying  off  a  woman,  married  or 
unmarried.  The  cases  enumerated  in  the  Digest 
as  falling  within  the  penalties  of  the  Lex  Julia 
de  vi  privata,  are  cases  where  the  act  was  of  less 
atrocity :  for  instance,  if  a  man  got  a  number  of 
men  together  for  a  riot,  whicb  ended  in  the 


«72 


VIS  ET  VIS  ABMATA 


beating  of  a  person,  but  not  in  his  death,  he 
came  within  the  penalties  of  the  Lex  de  Vi 
Privats. 

It  was  also  a  case  of  tis  privata  when  persons 
asttembled  in  order  to  prevent  a  person  being 
brought  before  the  Praetor.  The  Senatub- 
coNSULTUlf  VOLUSIANUH  extended  the  penalties 
of  the  lex  to  those  who  maintained  another  in 
his  suit,  with  a  view  of  sharing  the  damages 
awarded  to  him.  The  penalty  of  the  law  was 
also  extended  by  imperial  enactments  to  the 
oifence  of  wrecking  ships.  It  was  vis  privata  to 
talce  the  law  into  one's  own  hands  by  an  act  of 
violence.  Thus  a  creditor  who  entered  on  the 
property  of  his  debtor,  which  was  not  hypothe- 
cated  to  him,  unless  under  judicial  authority, 
was  guilty  of  this  offence.  The  penalties  of  this 
lex  were  the  loss  of  a  third  part  of  the  offender's 
property;  and  he  was  also  declared  to  be 
incapable  of  being  a  senator,  or  decurio,  or  a 
judex;  by  a  senatusconsultum,  the  name  of 
which  is  not  given,  he  was  incapacitated  from 
enjoying  any  honour,  quasi  in/amia,  (Dig.  48, 
6,  7  ;  Cod.  ix.  12,  13;  Paul.  Sent,  r«c.  v.  26; 
Rein,  Das  Criminalrecht  der  Udmer,  p.  732,  &c. ; 
Walter,  Geschichte  d,  R.  H, ;  Stephen,  History 
of  the  Criminal  Law  of  England,  i.  pp.  16,  17.) 

[G.  L.]    [K-A.  W.] 

VIS  ET  VIS  ABMATA.  There  was  an 
interdict  tmde  vi  or  de  vi  which  could  be  main* 
tained  by  a  man  who  was  forcibly  ejected  from 
the  possession  of  a  piece  of  ground  or  building 
(*'  unde  tu  ilium  yi  dejecisti  restituas  ")  against 
the  person  who  had  ejected  him.  The  interdict 
had  two  forms,  according  as  to  whether  deadly 
weapons  had  been  used  in  carrying  out  the 
ejectment  or  not.  The  interdict  in  the  latter 
case  of  simple  violence  is  called  by  Cicero  inter- 
dictum  quotidianiim ;  the  interdict  in  case  of 
armed  violence  was  known  as  interdictum  de  vi 
armata.  When  the  interdict  was  brought  on 
account  of  eviction  by  ordinary  violence,  the 
defendant  could  defend  himself  by  proving  that 
he  himself  had  been  previously  evicted  by  the 
plaintiff  vi,  dam,  or  preoario  [POSSESSIO],  but  he 
was  precluded  from  this  defence  if  he  had  been 
guilty  of  vis  armata.  By  a  constitution  of  the 
Kmperor  Valentinian  (Cod.  8,  4,  7),  however,  it 
was  provided  that  a  person  who  had  evicted 
another  by  violence  should  in  all  cases  restore 
|x>ssessio,  and,  if  owner,  should  forfeit  his 
property;  if  not  owner,  should  forfeit  the 
value.  Thus  the  plea  that  the  plaintiff  had 
acquired  possession  v>,  dam,  or  precario  from 
the  defendant,  was  excluded  in  the  case  of  vis 
quotidiana  as  well  as  in  that  of  vis  armata. 
(Dig.  43,  16;  Gaius,  iv.  154,  ed.  Poste;  Inter- 
dictum ;  PO6BE88IO ;  for  an  account  of  the 
praetorian  action  de  vi  bonorum  raptorum^  see 
FURTUM.)  [E.  A.  W.] 

VITRUM  (ffoXor),  glass.  A  singular  amount 
of  ignorance  and  scepticism  long  prevailed  with 
regard  to  the  knowledge  pMsessed  by  the  ancients 
in  the  art  of  glass-making.  Some  asserted  that 
it  was  to  be  regarded  as  exclusively  a  modem 
invention,  while  others,  unable  altogether  to 
resist  the  mass  of  evidence  to  the  contrary,  con- 
tented themselves  with  believing  that  the  sub- 
stance was  known  only  in  Its  coarsest  and  rudest 
form.  It  is  now  clearly  demonstrated  to  have 
been  in  common  use  at  a  very  remote  epoch. 
Various  specimens  still  in  existence  prove  that 


VITRUM 

the  manufacture  had  in  some  branches  reached 
a  point  of  perfection  to  which  recent  skill  ha& 
not  yet  been  able  to  attain ;  and  although  we 
may  not  feel  disposed  to  go  so  &r  as  Winckel- 
mann  (i.  c.  2,  §  20),  who  contends  that  it  was 
used  more  generally  and  for  a  greater  variety  of 
purposes  in  the  old  world  than  among  ourselves, 
yet  when  we  examine  the  numerous  collecti<H]& 
arranged  in  all  great  public  museums,  we  must 
feel  convinced  that  it  was  employed  as  an  ordi- 
nary material  for  all  manner  of  domestic  utensils 
by  the  Egyptians,  Greeks,  and  Romans. 

A  vitreous  glaze  is  found  in  remains  dating 
from  the  earliest  periods  of  Egyptian  historyf 
and  we  find  the  process  of  glass-blowing  dis- 
tinctly represented  in  the  paintings  of  Beiii- 
Hassan,  which  were  executed  during  the  reigss 
of  Usertesen  the  First  and  his  immediate  sac- 
cessors  (circa  2300  B.C.}.  The  oldest  Egyptian 
glass  proper  which  can  be  dated  with  certainty 
is  a  vase  of  opaque  blue  glass  in  the  British 
Museum,  with  a  design  inlaid  in  yellow,  which 
includes  the  name  of  Thothmes  II.  (16th  ceot. 
B.C.).  Vases  also,  wine-bottles,  drinking-caps, 
bugles,  and  a  multitude  of  other  objects  have 
been  discovered  in  sepulchres  and  attached  to 
mummies  both  in  Upper  and  Lower  Egypt;  sad 
although  in  most  cases  no  precise  date  csn  be 
affixed  to  these  relics,  many  of  them  are  referrei 
to  an  early  period.  (Wilkinson,  Andeni  Egyp- 
tians^ iii.*  pp.  141  f. ;  Deville,  Z*A/i  de  ia 
Verrerie,  pi.  iii.) 

The  Assyrians  also  attained  to  a  high  degree 
of  skill  in  glass-making.  The  oldest  piece  with 
a  fixed  date  is  an  alabastron  of  bright  green 
glass  from  the  North-west  Palace  at  Kimroud, 
with  the  name  of  king  Sargon,  B.C.  719  (Layard, 
Nineveh  and  Bchyhn^  p.  197;  Froehner,  La 
Verrerie  ant,  p.  16).  This  vase  is  in  the  British 
Museum. 

A  story  has  been  preserved  by  Pliny  (ff-  X 
xxxvi.  §  191),  that  glass  was  first  diiGorered 
accidentally  by  some  merchants  who  having 
landed  on  the  Syrian  coast  at  the  mouth  of  the 
river  Belus,  and  being  unable  to  find  stones  to 
support  their  cooking-pots,  fetched  for  this  pur- 
pose from  their  ship  some  of  the  lumps  of  nitre 
which  composed  the  cargo.  This  being  fused  br 
the  heat  of  the  fire,  united  with  the  sand  npon 
which  it  rested  and  formed  a  stream  of  vitriiied 
matter.  The  Phoenicians  probably  leant  the 
art  of  glass-making  from  the  Egyptians;  bat 
the  tale  is  no  doubt  connected  with  the  fad  re- 
corded by  Strabo  (xvi.  p.  758)  and  Josephus 
(B.  J,  ii.  9X  that  the  sand  of  the  district  in 
question  was  esteemed  peculiarly  suitable  for 
glass-making,  and  exportol  in  great  quantities  to 
the  workshops  of  Sidon,  long  the  most  fiunons 
in  the  ancient  world.  (See  Hamburger  and 
Michaelis  on  the  Glass  of  the  Hebrews  and  Phoe- 
nicians, Commentar,  Soc»  Ooti,  vol.  iv. ;  Heereo, 
Ideen,  i.  p.  94.)  Alexandria,  another  centre  of 
the  industry,  sustained  its  reputation  for  many 
centuries;  Rome  derived  thence  a  great  portion 
of  its  supplies,  and  as  late  as  the  reign  of 
Aurelian  we  find  the  manufacture  still  flonrisk- 
ing  (Cic  pro  StAir,  Post,  14,40;  Strabo, /.c; 
Martial,  xi.  11,  xii.  74,  xiv.  115 ;  Vopisc  AveL 
45 ;  Boudet,  8ttr  FArt  de  la  Verrerie  ^  ^ 
^gypt^  I  Descriptioin  de  rSgypte,  vol.  ix.  p.  313V 

Glass   is  not   mentioned    in   Homer,  wolas 
Helbig's  theory  is  accepted  that  x^ayvt  is  a  blae 


VITRUM 


VITRtJM 


973 


TitreonB  glaze  (Helbig,  Homerisches  Epos,  p.  80). 
In  the  deposits  of  Mycenae  and  kindred  sites, 
numeroas  beads,  rosettes,  pendants,  and  other 
ornaments  of  glass  occur.  Bottles,  however,  are 
rerf  rare;  a  few  only  having  been  found  at 
laljsos  in  Rhodes. 

There  is  some  difficulty  in  deciding  by  what 
Greek  author  glass  is  first  mentioned,  because 
the  term  ffoXot,  like  the  Hebrew  word  used  in 
the  Book  of  Job  (zxviii.  17)  and  translated  in  the 
LXX.  by  taXot^  unquestionably  denotes  not  only 
artificial  glass  but  rock-crystal,  or  indeed  any 
transparent  stone  or  stone-like  substance  (Schol. 
ad  Aristoph.  Nub,  768).  Thus  the  0cAos  of 
Herodotus  (iii.  24),  in  which  the  Ethiopians 
encased  the  bodies  of  their  dead,  cannot  be  glass, 
although  understood  in  this  sense  by  Ctesias  and 
Diodorus  (iii.  15),  for  we  are  expressly  told  that 
it  was  dug  in  abundance  out  of  the  earth ;  and 
hence  commentators  have  conjectured  that  rock- 
crystal  or  rock-salt,  or  amber,  or  Oriental  ala- 
baster, or  some  bituminous  or  gummy  product, 
might  be  indicated.  But  when  the  same  his- 
torian in  his  account  of  sacred  crocodiles  (ii.  69) 
states  that  they  were  decorated  with  ear-rings 
made  of  melted  stone  (&^^/iaT(£  re  XiBwa  x^^^ 
Koi  XP^^*A  ^'  ^^  ^'  M4pr€s)f  we  may  safely 
condude  that  he  intends  to  describe  some  vitreous 
ornament  for  which  he  knew  no  appropriate 
name.  The  tr^payU  la}Jyfi  and  ir^pcry^c  i^aX(ya 
of  an  Athenian  inscription  referred  to  B.C.  398 
(Boeckh,  Corp.  Itiscr.  Or.  n.  150,  §  50),  together 
with  the  passage  in  Aristophanes  (Acham,  74) 
where  the  envoy  boasts  that  he  had  been  drink- 
ing with  the  Great  King  i^  &a\iyotp  ^iniw- 
fjLdrttVf  are  not  dedsive.  But  the  early  Greek 
pastes  with  designs  in  intaglio,  preserved  in  all 
museums,  make  it  highly  probable  that  the  seals 
referred  to  above  were  of  glass.  Vessels  of  glass 
also  appear  to  be  mentioned  in  the  treasure  lists 
at  the  beginning  of  the  4th  centuiy  (C,  /.  A.  ii. 
645,  646,  656).  Setting  aside  the  two  problems 
with  regard  to  glass,  attributed  to  Aristotle,  as 
confessedly  spurious,  we  at  length  find  a  satis- 
factory testimonv  in  the  works  of  his  pupil  and 
successor,  Theophrastus,  who  notices  the  circum- 
stances alluded  to  above,  of  the  fitness  of  the 
sand  at  the  mouth  of  the  river  Belus  for  the 
fabrication  Of  glass.  Blumner,  however  (  Techno- 
logie^  iv.  p.  384),  questions  whether  glass  was 
manufactured  in  Greece  itself,  even  in  the  time 
of  the  Diadochi. 

Among  the  Latin  writers  Lucretius  appears  to 
be  the  first  in  whom  the  word  vitrvan  occurs 
(iv.  604,  vi.  991) ;  but  it  must  have  been  well 
known  to  his  countrymen  long  before,  for  Cicero 
names  it,  along  with  paper  and  linen,  as  a  com- 
mon article  of  merchandise  brought  from  Egypt 
(pro  Sab.  Post.  14,  40).  Glass  of  Phoenician 
importation  occurs  indeed  in  cemeteries  of  the 
8th  century,  at  Tarqninii  (Helbig,  Homerisches 
EpoSj  p.  15).  Scaurus,  in  his  aedileship  (b.c.  58), 
made  a  display  of  it  such  as  was  never  witnessed 
even  in  after-times ;  for  the  scena  of  his  gorgeous 
theatre  was  divided  into  three  tiers,  of  which 
the  under  portion  was  of  marble,  the  upper  of 
gilded  wood,  and  the  middle  compartment  of  glass 
(Plin.  H.  N.  zzzvi.  §§  114, 189).  In  the  poets  of 
the  Augustan  age  it  is  constantly  intrixlnced, 
both  directly  and  in  similes,  and  in  such  terms  as 
to  prove  that  it  was  an  object  with  which  every 
one  must  be  familiar  (e.g»  Verg.  Georg.  iv.  350, 


Aen,  vii.  759 ;  Ovid,  Amor.  i.  6,  55 ;  Prop.  iv.  8, 
37  ;  Hor.  Camu  iii.  13, 1).  Strabo  declares  that 
in  his  day  a  small  drinking-cnp  of  glass  might 
be  purchased  at  Rome  for  half  an  as  (xvi.  p.  758 ; 
compare  Martial,  ix.  60),  and  so  common  was 
it  in  the  time  of  Juvenal  and  Martial,  that  old 
men  and  women  made  a  livelihood  by  bartering 
sulphur  matches  for  broken  fragments  (Juv.  v. 
48 ;  Martial,  i.  42,  z.  3 ;  Stat.  Sylv.  i.  6,  73 ; 
compare  Dio  Cass.  Ivi.  17).  When  Pliny  wrote, 
manufactories  had  been  established  not  only  in 
Italy,  but  in  Spain  and  Gaul  also,  and  glass 
drinking-cups  had  entirely  superseded  those  of 
gold  and  silver  {H.  N.  xxzvi.  §§  192-1 99X  and 
in  the  reign  of  Alexander  Severus  we  find  vitrearii 
ranked  along  with  curriers,  coachmakers,  gold- 
smiths, silversmiths,  and  other  ordinary  artificers 
whom  the  emperor  taxed  to  raise  money  for  his 
thermae  (Lamprid.  Alex.  Sev.  24).  A  list  of 
the  glass-workers  whose  names  are  known  as 
occurring  on  extant  specimens,  is  given  by 
Froehner,  La  Verrerie  antique,  p.  123. 

The  numerous  specimens  transmitted  to  us 
prove  that  the  ancients  were  well  acquainted 
with  the  art  of  imparting  a  great  variety  of 
colours  to  their  glass ;  they  were  probably  less 
successful  in  their  attempts  to  render  it  perfectly 
pure  and  free  from  all  colour,  since  we  are  told 
by  Pliny  that  it  was  considered  roost  valuable  in 
this  state.  It  was  wrought  according  to  the 
different  methods  now  practised,  being  ^hioned 
into  the  required  shape  by  the  blowpipe ;  or  cuiy 
as  we  term  it,  although  ground  (teritur)  is  a 
more  accurate  phrase,  upon  a  wheel ;  or  engraved 
with  a  sharp  tool,  like  silver  (**  aliud  flatu  figu- 
ratur,  aliud  tomo  teritur,  aliud  argenti  modo 
caeiatur,"  Plin.  H.  N.  xxxvi.  §  193>  The 
diatreta  of  Martial  (xii.  70)  were  glass  cups  cut 
or  engraved  according  to  one  or  other  of  the 
above  methods.  The  process  was  difficult,  and 
accidents  occurred  so  frequently  (Mart.  xiv.  115) 
that  the  jurists  fobnd  it  necessary  to  define 
accurately  the  circumstances  under  which  the 
workman  became  liable  for  the  value  of  the 
vessel  destroyed  (Dig.  9,  2,  27,  ^9).  The  art  of 
etching  upon  glass,  now  so  common,  was  entirely 
unknown,  since  it  depends  upon  the  properties 
of  fluoric  acid,  a  chemical  discovery  of  the  last 
century. 

We  may  now  briefly  enumerate  the  chief  uses 
to  which  glass  was  applied.  The  best  idea,  how- 
ever,'of  the  admirable  ingenuity  and  skill  of  the* 
ancient  glass-workers,  may  be  obtained  from 
such  a  collection  as  that  of  the  British  Maseum, 
or  the  chief  continental  cabinets.  Specimens  of 
the  different  types  are  finely  engraved  by 
Froehner,  La  Verrerie  antique  (1879]f 

1.  Bottles,  vases,  cups,  and  cinerary  urns.. 
These  specimens  are  extant  in  immense  number 
and  variety.  Many  which  have  been  shaped  by 
the  blowpipe  only,  are  remarkable  for  their 
graceful  form  and  brilliant  colours.  Some  have 
been  blown  out  into  moulds,  by  the  blow-pipe, 
and  appear  in  the  form  of  a  bunch  of  grapes  (cf. 
Achilles  Tatius,  2,  3),  a  shell,  or  a  negro's  head. 
Others  are  of  the  most  delicate  and  complicated 
workmanship.  A  very  remarkable  object  be- 
longing to  the  last  class,  now  in  the  Trivulsi 
Collection  at  Milan,  is  described  in  the  notes  to 
Winckelmann  (i.  c.  2,  §  21)  and  figured  in  Vol.  I. 
under  Diatreta.  That  woodcut,  however,  hardly 
does  justice  to  the  delicacy  of  the  work,  which  is 


974 


VITBUM 


VITBUM 


better  shown  in  the  photographic  plate  of  Adda, 
Ricerche  sidle  Arti  e  sull*  Indwtria  Bomcma,  For 
a  description,  see  Diatbeta,  Vol.  I.,  p.  626. 
A  small  fragment  of  a  similar  vase  may  be  seen 
in  the  glass  collection  of  the  British  Mnseum. 
Another  cnp,  found  at  Strasburg,  was  dated  by 
the  name  of  the  Emperor  Mazimian  (286-310 
A.D.).  This  specimen,  which  perished  in  1870, 
i<  engraved  by  Deville,  VArt  de  la  Verrerie, 
pi.  xxxiii  A.  But  the  great  triumph  of  ancient 
genius  in  this  department  is  the  celebrated  Port- 
land Vase,  formerly  known  as  the  Barberini  Vase, 
which  is  now  in  the  British  Museom.  It  was 
found  in  the  16th  century  at  a  short  distance 
from  Rome,  in  a  marble  coffin  within  a  sepulchral 
vault,  pronounced  upon  very  imperfect  evidence 
to  have  been  the  tomb  of  Alexander  Severus. 
The  extreme  beauty  of  this  urn  led  Montfancon 
and  other  antiquaries  to  mistake  it  for  a  real 
sardonyx.  Upon  more  accurate  examination  it 
was  ascertained  to  be  composed  of  dark  blue 
glass,  of  a  very  rich  tint,  on  the  surface  of  which 
are  delineated  in  relief  elaborately  wrought 
figures  of  opaque  white  glass.  [Sec  Scalftura.] 
With  such  samples  before  us,  we  need  not 
wonder  that  in  the  time  of  Kero  a  pair  of 
moderate-sized  glass  cups  with  handles  (pteroti) 
sometimes  cost  fifty  pounds  (^£IL  aex  millibus, 
Plin.  If,  N.  xxxvi.  §  195).  Another  method 
practised  with  success  was  that  of  adding 
coloured  glasses  in  a  fused  state  to  a  background, 
in  the  manner  of  enamel.  See  a  medallion  with 
a  gryphon,  now  in  the  British  Museum  (Cafa- 
logva  of  the  Slade  Collection^  No.  84). 

2.  Glass  Pastes  presenting  fac-similes,  either 
in  relief  or  intaglio,  of  engraved  precious  stones. 
In  this  way  have  been  preserved  exact  copies  of 
many  beautiful  gems,  of  which  the  originals  no 
longer  exist,  as  may  be  seen  from  the  catalogues 
of  Stosch,  ofTassie,  and  from  similar  publica- 
tions. These  were  in  demand  for  the  rings  of 
such  persons  as  were  not  wealthy  enough  to 
ptu'chase  real  stones,  as  we  perceive  from  the 
phrase  "  vitreis  gemmis  ex  vulgi  anutis  "  (Plin. 
JI.  N.  XXXV.  §  48).  Large  medallions  also  of 
this  kind  are  still  preserved,  and  bas-reliefs  of 
considerable  magnitude,  which  successfully  imi- 
tate precious  materials,  and  in  some  cases  the 
true  material  has  only  been  ascertained  in  quite 
recent  years.    (See  Winckelmann,  i.  c.  2,  §  27.) 

3.  Closely  allied  to  the  preceding  were  imi- 
tations of  coloured  precious  stones,  such  as  the 
carbuncle,  the  sapphire,  the  amethyst,  and, 
above  all,  the  emerald.  These  counterfeits 
were  executed  with  such  fidelity  that  detection 
was  extremely  difficult,  and  great  profits  were 
realised  by  dishonest  dealers  who  entrapped  the 
unwary  (Plin.  iT.  N,  xxxvii.  §  197).  That  such 
frauds  were  practised  even  upon  the  most  ex- 
alted in  station  is  seen  from  the  anecdote  given 
by  Trebellius  Pollio  of  the  whimsical  vengeance 
taken  by  Gallienus  (^GalL  c.  12)  on  a  rogue  who 
had  cheated  him  in  this  way,  and  collections  are 
to  be  seen  at  Rome  of  pieces  of  coloured  glass 
which  were  evidently  once  worn  as  jewels,  from 
which  they  cannot  be  distinguished  by  the  eye. 
(Plin.  H.  N.  xxxvii.  §  98;  Senec  Ep.  90 ;  Isidor. 
Orig.  xvi.  15,  §  27 ;  Beckmann,  History  of  In- 
ventionsj  vol.  i.  p.  199,  Eng.  Trans.  8rd  edit.) 

4.  One  very  elegant  application  of  glass  de- 
serves to  be  particularly  noticed.  A  number 
of  fine  stalks  of  glass  of  different  colours  were 


placed  vertically,  and  arranged  in  such  a  manner 
as  to  depict  upon  the  upper  surface  some  figure 
or  pattern,  upon  the  principle  of  a  minute 
mosaic.  The  filaments  thus  combined  were 
then  subjected  to  such  a  degree  of  heat  as 
would  suffice  to  soften  without  melting  them, 
and  were  thus  cemented  together  into  a  solid 
mass.  It  is  evident  that  the  picture  brought 
out  upon  the  upper  surface  would  extend  down 
through  the  whole  of  the  little  column  thus 
formed,  and  hence,  if  it  was  cut  into  thin  sUcei 
at  right  angles  to  the  direction  of  the  fibres, 
each  of  these  sections  would  upon  both  sides 
represent  the  design  which  would  be  multiplied 
to  an  extent  in  proportion  to  the  total  leagtii 
of  the  glass  threads.  Further,  if  the  column 
is  heated  and  drawn  out,  the  design  becomes 
proportionately  minute.  When  these  sections 
have  been  again  fused  together  side  by  side,  the 
result  is  milUfiori  glass  (Cat.  of  the  Slade  Oil- 
lection^  pi.  iv.).  Two  beautiful  fragments  eri- 
dently  constructed  in  this  way  are  accurately 
commented  upon  by  Winckelmann  (i.  c  2, 
§§  22-24) ;  another,  more  recently  brought  from 
Egypt,  is  shown  in  Wilkinson's  work,  PL  xir., 
figs.  5,  6,  7 ;  cf.  voL  ii.  p.  146.  Many  mosaie 
pavements  and  pictures  {opus  fnitsivum)  belong 
to  this  head,  since  the  cubes  were  frequentlj 
composed  of  opaque  glass  as  well  as  marble, 
but  these  have  Iwen  already  discussed  under 
PlCTXJRA,  pp.  397  f. 

5.  One  method  of  decoration  employed  by  the 
ancients  consisted  in  enclosing  designs  in  gt^ld 
leaf  between  two  layers  of  transparent  glass. 
This  is  most  common  from  the  3rd  century  A.D., 
when  small  Christian  subjects  are  thus  repre- 
sented. Examples  also  occur  of  a  good  Greek 
period,  such  as  three  cups  from  Canosa,  now  in 
the  British  Museum,  perhaps  dating  from  200 
B.C.,  but  these  are  very  rare.  The  Christiaa 
examples  have  been  described  by  Garrucci,  Yttri 
ornati  di  Figure  in  oro  dei  CristianL  In  a  few 
rare  examples,  the  gold  leaf  has  been  cut  away 
with  a  sharp  point,  in  such  a  way  as  to  produce 
the  effect  of  a  finely-stippled  drawing. 

6.  Thick  sheeU  of  glass  of  various  colonn 
appear  to  have  been  laid  down  for  paving  floors, 
and  to  have  been  attached  as  a  lining  to  the 
walls  and  ceilings  of  apartments  in  dwelling- 
houses,  just  1^  scagliola  is  frequently  employed 
in  Italy,  and  occasionally  in  our  own  country 
also.  Rooms  fitted  up  in  this  way  were  called 
mtreae  camarae,  and  the  panels  vitreae  quadm- 
turae.  Such  was  the  kind  of  decoration  intro- 
duced by  Scaurus  for  the  scene  of  his  theatre, 
not  columns  nor  pillars  of  gla»  as  some,  nor 
bas-reliefs  as  others,  have  imagined.  (Plin.  //. 
N,  xxxvi.  §  189 ;  Stat.  Syl.  i.  5,  42  ;  Senec  Ep, 
76  ;  Vopisc.  Firm,  c  3 ;  Winckelmann,  i  c  2, 
§  21 ;  Passeri,  Zuocmae  Fictiles^  p.  67,  Ub. 
Ixxi.) 

7.  The  question  whether  glass  windows  were 
known  to  the  ancients  has,  after  much  dis- 
cussion, been  set  at  rest  by  the  excavations  at 
Pompeii,  for  not  only  have  many  fragments  of 
flat  glass  been  disinterred  firom  time  to  tine, 
but  in  the  tepidarium  of  the  public  bath$  s 
bronze  lattice  came  to  light  with  some  of  the 
panes  still  inserted  in  the  frame,  ao  ss  to  de- 
termine at  once  not  only  their  existence,  bat 
the  mode  in  which  they  were  secured  aaJ 
arranged.    (Mazois,  Palais  de  Soawya,  c  tiii' 


YITTA 


VITTA 


075 


p.  97 ;  Buines  de  Pomp^iy  yoL  iii.  p.  77.)  A  few 
specimens  of  window  glass  may  be  seen  in  the 
glass  collection  of  the  British  Mnseam.  [Douus, 
Vol.  I.  p.  686  6.]  The  same  collection  also 
contains  a  wooden  picture*frame  of  late  Graeco- 
Kgyptian  origin,  with  a  rebate  for  a  sheet  of 
glass.     (Petrie,  Hawcara^  pi.  xii.) 

8.  From  the  time  that  pure  glass  became 
known,  it  must  have  been  remarked  that  when 
darkened  upon  one  side,  it  possessed  the  pro- 
perty of  reflecting  images.  We  are  certain  that 
an  attempt  was  made  by  the  Sidonians  to  make 
looking-glasses  (Plin.  H,  N,  xxxvi.  §  193),  and 
equally  certain  that  it  must  have  faUed,  for  the 
use  of  metallic  mirrors,  which  are  more  costly 
in  the  first  instance,  which  require  constant 
care  and  attain  but  imperfectly  the  end  desired, 
was  uniyersal  under  the£mpire.  Respecting 
ancient  mirrors,  see  Sp£CULUM. 

9.  A  strange  story  with  regard  to  an  alleged 
invention  of  malleable  glass  is  found  in  Petro- 
nius  (c.  51X  i^  told  still  more  circumstantially 
by  Die  Cassius  (Ivii.  21),  and  is  alluded  to  by 
Pliny  (iT.  N,  zxxvii.  §  195),  with  an  expression 
of  doubt  as  to  its  truth.  An  artist  appeared 
before  Tiberius  with  a  cup  of  glass.  This  he 
dashed  violently  upon  the  ground.  When  taken 
up,  it  was  neither  broken  nor  cracked,  but  dinted 
like  a  piece  of  metal.  The  man  then  produced 
a  mallet,  and  hammered  it  back  into  its  original 
shape.  The  emperor  inquired  whether  any  one 
was  acquainted  with  the  secret,  and  was 
answered  in  the  negative,  upon  which  the  orden 
was  given  that  he  should  be  instantly  beheaded, 
lest  the  precious  metals  might  lose  their  value, 
should  such  a  composition  become  generally 
Icnown. 

LUerature. —  Franks  in  Art  Treasures  of  the 
Manchester  Exhibition  Section  Vitreous  Art; 
Nesbitty  Catalogue  of  Vta  Slade  Collection  of 
OlasSf  Notes  on  the  History  of  QlasS'tnaking 
(1871);  Bltimner,  Technologies  iv.  p.  379;  Deville, 
HisU  de  PArt  de  la  Verrericy  1873 ;  Froehner, 
La  Verrerie  antique,  1879;  Marqnardt  and 
Mommsen,  ^anclb.  d,  romischen  Alterthihner,  vol. 
▼it  (1886),  p.  744.  References  to  the  older 
literature  may  bs  found  in  the  above  works. 

[W.  R.]     [A.  H.  S.] 

VITTA,  or  plural  VITTAE,  a  ribbon  or 
fillet,  is  to  be  considered  (1)  as  an  ordinary  por- 
tion of  female  dress;  (2)  as  a  decoration  of 
sacred  persons  and  sacred  things. 

1.  When  considered  as  an  ordinary  portion  of 
female  dress,  it  was  simply  a  band  encircling 
the  head,  and  serving  to  confine  the  tresses 
(crtno/es  viWte);  the  ends,  when  long  (hngae 
taenia  vitiae)y  hanging  down  behind  (Verg.  Aen, 
vii.  351,  403;  Ovid,  Met.  ii.  413,  iv.  6;  Isidor. 
xix.  31,  §  6).  It  was  worn  (1)  by  maidens 
(Verg.  Aen.  ii.  168;  Prop.  iv.  11,  34;  Val. 
Klacc  viii.  6 ;  Serv.  ad  Verg.  Aen.  ii.  133) ; 
(2)  by  married  women  also,  the  vitta  assumed 
on  the  nuptial  day  being  of  a  different  form  from 
that  used  by  virgins  (Ovid,  Trist.  ii.  252 ;  Prop. 
▼.  3,  15,  and  11,  34;  Plant.  Jf>7.  GL  iii.  1,  194; 
Val.  Max.  v.  2,  §  1).  From  the  word  altera  in 
Prop.  V.  11,  34,  Marquardt  is  probably  right  in 
deducing  that  the  vitta  of  married  women  was 
a  double  band^  whereas  the  fillet  of  maidens  was 
single  (Marquardt,  Privatlebeny  46 ;  cf.  Becker- 
G611,  Gallus,  ii.  31 :  for  the  wearing  of  redvtai 
by  Greek  brides,  see  Becker-GOll,  CharikleSj  iii. 


375 ;— ^tephani,  Compte  Rendu,  1872,  p.  192; 
1874,  p.  140). 

The  vitta  was  not  worn  by  libertinae  even  of 
fair  character  (TibuU.  i.  6,  67),  much  less  by 
meretrices;  hence  it  was  looked  upon  as  an 
insigne  pudoriSj  and,  together  with  the  stola  and 
institOf  served  to  point  out  at  first  sight  the 
freebom  matron  (Ovid,  A,  A.  i.  31 ;  £,  A,  386 ; 
2W**.  ii.  247 ;  £p.  ex  Font.  iii.  3,  51). 

The  colour  was  probably  a  matter  of  choice : 
white  and  purple  are  both  mentioned  (Ovid, 
Met  ii.  413;  Ciris,  511  ;-^tat.  iicAiV/.  i.  611). 
One  of  those  represented  in  the  cuts  below  is 
ornamented  with  embroidery,  and  they  were  in 
some  cases  set  with  pearls  (yittae  margariiarum^ 
Dig.  34,  2,  25,  §  2> 

The  following  woodcuts  represent  back  and 
front  views  of  the  heads  of  st:itues  from  Hercu- 
lanenm,  on  which  we  perceive  the  vitta  (Bronsi 
fVEtvoUmo,  vol.  ii.  tav.  72,  75> 


Vittae. 

A  full  discussion  of  the  dressing  of  the  hair 
and  further  illustration  will  be  found  under 
Coma. 

For  rairioc  and  vittae  in  Greek  and  Roman 
funerals  aa  used  for  the  decoration  of  the  dead 
body  and  of  the  bier,  see  FuNCS,  Vol.  I.  pp.  886, 
890  (woodcutX  and  compare  Becker-GOlI,  Chari- 
hies,  p.  122. 

2.  When  employed  for  sacred  purposes,  it  was 
usually  twisted  round  the  infula  [Infula],  hold- 
ing together  the  loose  flocks  of  wool,  and 
depending  in  streamers  (Verg.  Georg.  iii  487, 
Aen.  X.  537  ;  Isidor.  xix.  30,  §  4 ;  Serv.  ad  Verg. 
Aen.  X.  538 ;  Lucan.  v.  142).  Under  this  form 
it  was  employed  as  an  ornament  for  (1)  priests, 
and  those  who  offered  sacrifice  (Verg.  Aen.  ii. 
221,  X.  537;  Tac.  Ann.  i.  57);  (2)  priestesses 
especially  those  of  Vesta,  and  hence  vittata 
sacerdos  for  a  Vestal,  kot*  l^ox'h'^  (Verg.  Aen. 
vii.  418;  Ovid,  Fast.  iii.  30,  vi.  457;  Juv.  iv.  9, 
vi.  50;  Vest  ALES);  (3)  prophets  and  poets, 
who  may  be  regarded  as  priests,  and  in  this  case 
the  vittae  were  frequently  intertwined  with 
chaplets  of  olive  or  laurel  (Verg.  Aen.  iii.  81, 
vii.  665;--SUt  Silo.  ii.  1,  26;  Achill.  i.  11; 
Theb.  iiL  466);  (4)  sUtues  of  deities  (Ver^. 
Aen.  ii.  168,  296;  compare  SUt.  SUv.  iii.  8,  3); 
(5)  victims  decked  for  sacrifice  (Verg.  Georg.  iii. 
487,  Aen.  ii.  133, 156,  v.  366 ;  Ovid,  Ep.  ex  Pont. 
iii.  2,  74;  Stat.  AchiU.  ii.  301)  ;  (6)  altars  (Verg. 
Kcl.  viii.  64,  Aen.  iii.  64;  Aba,  Vol.  I.  p.  158  a); 
(7)  temples  (Prop.  v.  9,  27;  compare  Tac. 
Hist.  iv.  53);  (8)  the  iK^rnpla  of  suppliants 
(Verg.  Aen.  vii.  237  ;  viii.  128).  Here  the  vittae 
seem  to  have  served  to  bind  the  festoons  of  wool 
upon  the  branches  which  were  borne  in  the 
hand  (Verg.  Aen.  vii.  237,  viii.  128 ;  Horn.  H, 
i.  14;  Pint.  Thes.  18;  Soph.  0.  T.  3). 

The  sacred  vittae,  as  well  as  the  infulae,  were 
made  of  wool,  and  hence  the  epithets  tanea 
(Ovid,  Fast  iU.  30)  and  mollis  (Verg.  £cl.  viiL 


976 


ULNA 


64).  TheT  were  trhite  (menu,  Vng.  Oeorg. 
hi.  487;  OTid,  Met.  lih.  643;  Stit.  7M.  iii. 
466),  or  purple  {puaictat.  Prop.  t.  9,  37).  or 
uare  (owmens)  when  wreathed  round  aa  altar 
to  the  macei  (Vtrg.  Jm.  iii.  64). 

[W.  R.}     [G.  E.  H.] 

ULNA  (iAATj),  pioperlj  the  foM-ann  from 
the  ihoulder  to  the  wrist,  ii  also  used  for  the 
whole  ano,  and  evea  for  the  whole  ipan  of  both 
arms;  inid  hence,  as  a  meaiure  of  length,  it 
appears  to  be  dkJ  with  diflereat  lignificatiDiia. 
In  most  of  the  passages  in  which  it  occur*  (Verg. 
Qtarg.  iii.  355;  Ovid,  Uctam.  Tiii.  750;  Kor, 
Epod.  it.  8)  there  is  nothing  to  determine  its 
length,  bat  Hultach  is  prabablr  right  ia  taking 
it  to  be  one-third  of  tlie  ifyviA  or  arm'«tretch 
of  nearly  6  [bet,  and  tberefors  one-third  of  the 
haman  body.  Hence  in  Verg.  Ed.  iii.  105 
three  ulnae  =  the  siie  of  the  bodf,  and  ao  the 
siie  of  the  grnre  of  Caelioa,  Pliny,  howcTer, 
us«s  it  u  eqai  Talent  to  the  JpYina,  as 
may  b«  ae«n  from  H.  N.  iri.  §  202,  iiiii. 
«  133,  compared  with  S  203  (Hultich,  Melrol. 
p.  78).  [P.  S.]     [O.  E.  M.] 

ULTBOTRIBU'TA.  [Cbmsob,  Vol.  I.  p. 
402  6.] 

DJlBELLA,    pJHBtticumii.] 

UMBILI'CUa    [LiBEii.] 

UMBO.    [CuPKua ;  Tooa.I 

UMBEA'CULOM,  UMBELLA  (auMtioy, 
maSloKTi).  Umbrellas  and  fans  are  shown  on 
both  Auyrian  and  Egyptian 


Oriental' luxury  about  that  period.  By  the  5th 
century,  the  use  of  umhrellns  was  >o  eitabliihed 
at  Atheni  that  they  were  carried  by  the 
daughter*  of  the  aliens  (jiirouioi)  after  the 
Atbenian  roaidena  in  the  procession  at  the 
PuaTHENAEA  [p.  327  a].  So  far,  indeed,  were 
they  from  appeariog  strange  or  incongruous  that 
on  the  £astem  frieie  of  the  Parthenon  the  god 
Eros  holds  the  parasol  of  Ma  mother  Aphrodite. 


UNGUENTUM 

donn  to  the  latcat  South  lulian  wans.  Tie 
accompanying  cut  from  a  rise  of  the  latlet 
class  (Milltn,  Peinlwt)  de  Vattt  Anliqun,  toI.  i. 
pi.  70)  shews  a  lady  wearing  a  xrrmr  {Tusici] 
and  small  f^ior  [PalXA],  and  holding  a  psn-cl 
oTer  her  bare  hesd.  In  other  paintings  Isdin 
sit  on  chain  shading  themseires  with  a  puu^l. 
while  in  not  a  few  a  slare  holds  it  abort  tiis 
mittress'i  hesd.  All  tliese  pictures  show  forms 
like  ihoae  used  nowadays,  with  a  fnme-Ff>rt 
of  ribs  (rirjiK)  which  could  be  opened  ini 
shut  (Aristophanes,  £7.  134T  I.,  ikV  In'  .... 
/(erfT^invrD,  ficrrfp  aitiiittov  jcbI  v£^v  {dp^ 
yra:  cf.  Orid,  Art.  Am.  ii,  209,  "ipse  ttii- 
distenta  umbraculs  Tirgis"). 

The  use  of  umbrellas  was  almost  confinei  X-i 
women,  for,  as  has  bcon  explained  in  the  article 
PiLLBDB,  it  was  considered  effeminate  for  men  19 
wear  a  protection  against  the  sun  except  whto 
travelling.  Some  luxurious  f»ps  or  npsUru. 
however,  like  the  n/n^JfnrTos  'Afri/mr  '' 
Anacreon  (Atheo.  iii.  p.  534  a),  occaiionsllr 
braved    public    opinion    and    used    them. 


Hellen: 


alarj 


raw  hat 


the  psra-'^l. 

!t  ia  shown  on  an  immense  number  of  t«rn-<ctli 
ffgnres  from  Tanagra,  Myrina,  and  all  over  the 
Greek  world.  The  fe^fa  which  Praiinoa  pnl' 
on  in  the  fatnous  toilet  scene  in  Theocritus  (IJ. 
IV.  39)  seems  to  have  been  wimething  of  thii 
kind  (Schol.  in  Theocr.  I.e.;  Pollnx,  vii.  tU, 
X.  127  ;  Jabn,  Arch.  SeitrSge.  p.  403). 

At  Bome  the  practice  of  using  parasols  pn- 
bably  came  in  with  the  Greek  fashions  whi:b 
prevailed  in  the  last  two  centuries  of  the  Re- 
public. The  Roman  lady  walked  wilh  het 
parasol  carried  by  an  attendant  slave  (;i-ii- 
lequas  or  pedile<]ua ;  cf.  Claud.  I'n  Eutrrf.  i. 
464, "  [Ennuchi]  nmbracnla  geatant  Tirginibnt :  ' 
Mart,  liv,  73,  6),  whose  place  might  be  Iskra 
by  a  diligent  wooer  if  he  wished  to  win  lur 
good  graces  (Ovid,  I.  c).  Paraaolt  were  in 
grent  demand  at  the  amphitheatre,  for  the 
velum  was  not  alwaya  sutbcient  to  keep  off  tht 
luo,  and  it  aeema  to  have  been  the  faihion  tf 
adopt  the  colour — green,  ttc. — of  one's  Itrourili 
faction  on  them  (Juv.  ix.  50 ;  Mart.  liv.  :'^). 
[See  Paciandi,  ds  Umbdiae  gcEtatiome,  Rome, 
1752  ;  Baumeister,  DmImSUr,  art.  Soones- 
achirm  ;  Iwan  Uiiller,  Han^rack,  pp.  43],  4W; 
Hermann-Bliimner,  PritaUJUHh.,  p.  193  f.; 
Becker-GttU,  ClujriUn,  i.  201 ;  BlSmner,  Um 
md  Sttm,  p.  73;  Marqnardt,  Primtlrhn, 
p.  148;  Battiger  (ed.  Fischer),  &Mu,  pp.  1^~ 
135.  161.1  fW.  S.]    rW.  C.  F.  A.] 

U'NCIA.  C^g;  PoMDEKi.  Table  No.  XUI. 
at  the  end  ofthe  volume.] 

UNOIA-RIUM  FENUS.    [FESts.] 

UNCTOTtES.    [BiLNEAE,] 

UNQUENTUM  {iKmor,  fipw,  t^vf  " 
rfiSriu).  Tiie  term  includes  all  the  predacu 
of  the  perfumer,  whether  used  for  health  or 
luxury  ;  oils,  ointments,  pomatoms,  esKnai. 
salves.  The  liret  and  simplest  of  nnguenti,  oil> 
ia  mentioned  repestedly  in  Homer,  uinalljn 
conoeiion  with  the  bath  {Xavrar  nl  xf'"' 
iltaif,  0\(c4<tr  Al*'  JXai'y  ar«  qnile  •<>'''> 
phrases);  and  to  the  latest  times  it  remaiarJ 
associated  with  bathinv  and  athletic  coiilBt' 
[AthleTae;  Balneae^  The  mar*  eUlDTSU 
arts  of  perfumery  had  early  attained  SB  e>tr>- 
otdinary  development  in  tba  £ul ;  tbt  Greek,      1 


UNGUENTUM 

for  whose  practice  the  comic  writers  are  our 
fullest  witnesses,  rapidly  acquired  the  same 
tastes ;  the  Romans  did  not  wait  till  thej  had 
direct  intercourse  with  the  East,  but  learnt  these 
arts  at  an  early  period  from  the  luxurious  cities 
of  Mag^na  Graecia. 

Among  the  various  and  costly  oils  which  were 

nsed  partly  for  the  skin  and  partly  for  the  hair, 

the  following  are  enumerated  by  Pliny  (J7.  N, 

ziii.  §§    4-18):    Delium,   Mendesium,  irinum, 

rhodinum  or  rosaceum,  crocinum  (cf.  Propert. 

iii.    10,   22=iT.  9,  22  Mtiller),   oenanthinum, 

amaracinum  (cf.  Lucret.  ii.  847,  iv.  1 179,  tI. 

973),  melinum,  cyprinum,  metopium,  Panathe- 

naicum,  pardalium,  narcissinum,  sampsuchinum, 

sasinnin,    sesaminum,    telinum,    megalium    or 

megalesium,   balaninum,   nardinum,   spicatum. 

Other  faTourites,  likewise  mentioned  by  Piiny, 

are  myrrh  (Propert.  i.  2,  3),  malobathrum  (Hor. 

Camu  iL  7,  8),  costum  (Id.  ib.  iii.  1,  44,  with 

Orelli's  excursus),  amomum  (Verg.  Eel.  iii.  89, 

ir.  25X  cardamomum,  cinnamomum,  &c.,  besides 

mineral   products.    A  regale  unguentum  made 

for  the  Parthian  kings  was  compounded  of  25 

precious  substances  (Plin.  /.  c.  §  18).    Soap,  a 

Gallic  or  perhaps  rather  a  German  invention 

(Beckmann,  ffist.  of  Inv.  ed.  Bohn,  ii.  92),  was 

used  as  a  pomatum  rather  than  a  detergent,  and 

imparted  to  the  hair  the  red  or  yellow  tinge  so 

much  in  fashion  among  the  Romans :  the  '*  sapo, 

Galloram  hoc  inventum  rutilandis  capillis  "  of 

Pliny  (/?.  N.  xxriii.  §  191,  where  the  word  sapo 

occurs  for  the  first  time)  is  doubtless  identical 

with  the  tpuma  Batava^  oaustica  tpmma,  and 

MaUiacaepUae  of  Martial  (viii.  33,  20  ;  xiv.  26 

and  27  ;  cf.  Did.  Geogr.  art.  Mattiad).    This 

fancy  for  light  hair  was  as  old  as  Cato :  ^  flavo 

cinere  unctitabant,  ut  rutilae  essent"  (op.  Serr. 

ad  Aen,  iv.  698 ;  cf.  Val.  Max.  ii.  1,  §  5).    The 

*^ hair-restorers "    also    came    from    Germany: 

"  femina  canitiem  Germanis  excitat  herbis  "(yyt, 

A.  Am.  iii.  163).    The  effects  of  these  herbae 

and  venena  were  sometimes  disappointing  (Id. 

Amor.  i.  14  posstm),  when  recourse  was  had  to 

the  same  country  for  the  false  hair  which  then 

became  necessary  (cf.  Gausapb,  last  paragraph). 

In  addition  to  these  oils  the  ancients  also  used 

various  kinds  of  scented  powders,  called  by  the 

general  name  of  dicnraUriiora  (Theophr.  Odor.  8 ; 

Diosoor.  L  6 ;  [Lucian]  Amor,  39).    To  what  an 

excess  the  habit  of  usmg  fragrant  oib  and  the 

like  was  carried,  appears  from  Seneca  (^Ep.  86, 

§  12),  who  says  that  people  anointed  themselves 

twice  or  even  three  times  a  day.    At  Rome, 

however,  these  luxuries  did  not  pass  unrebuked 

in  the  time  of  Scipio  (Gell.  vi.  [vU.]  12,  §  5^; 

and  still  later,  in  B.C.  89,  the  censors  positively 

forbade  the  sale  of  exotic  unguents  (Plin.  H.  N. 

ziii.  §  24).    The  wealthy  Greeks  and  Romans 

carried   their   oils    and    essences  with    them, 

I     especially  when  they  bathed,  in  small  boxes  of 

I     costly  materials  and    beautiful  workmanship, 

which  were  called  narthecia  (Cic.  de  Fin.  ii.  7, 

§  22 ;  Mart.  xiv.  78 ;  cf.  Bdttiger,  Sabina,  i.  52). 

Another  very  common  kind  of  scent  bottle  was 

the  AiiABASTBUM.    It  was,  however,  thought 

undignified  to  carry  one's  own  oU  flask  to  the 

public  baths,  instead  of  having  it  borne  by  a 

slave :  snch  persons  were  called  a^ok'fiKvBoi  (L. 

and  S.,  ed.  7,  s.  v. ;  Sandys,  Excurs.  on  Dem.  ii. 

227  £).    The  trafiic  which  was  carried  on  in 

these  ointments  and  perfumes  in  several  towns 


UNIVEBSITA8 


977 


of  Greece  and  Southern  Italy  was  very  consider- 
able. The  persons  engaged  in  manufacturing 
them  were  called  by  the  Greeks  fivpt^ol  and 
fivpow&Xai  (see  L.  and  S.  s.  tro.),  by  the  Romans 
unguentarii  (Cic.  de  Off.  i.  42,  §  150;  Hor.  Sat. 
ii.  3,  228),  or,  as  they  frequently  were  women, 
ungwfntariae  (Plin.  If.  N.  viii.  §  14),  and  the 
art  of  compounding  them  ungwntaria.  In  the 
wealthy  and  effeminate  city  of  Capua  there  was 
a  street  or  square  called  the  Seplasia,  which 
consisted  entirely  of  shops  in  which  unguents 
were  sold  (Cic.  in  Pison.  11,  §  24;  Asconius  ad 
loc. ;  de  Lege  Agr.  il.  34,  §  94 ;  pro  SesL  8,  §  19). 
On  oils  and  unguents,  see  especially  Becker- 
G511,  Qailw,  iii.  157-167.  For  the  cosmetics 
employed  in  painting  the  face,  see  FucuB;  for 
the  detergents  used  instead  of  soap  for  wash- 
ing, see  FULLO ;  on  the  antiquities  of  the  toilet 
generally,  the  work  of  Bdttiger,  Sabina  oder 
Morgenaoenen  im  Putzzimmer  emer  reichen 
Jidmeriny  2  vols,  Leipzig,  1806,  is  not  yet 
superseded.  [L.  S.]    [W.  W.] 

UNIYERSITAS.  The  philosophical  divi- 
sion  of  things  (jrez)  in  the  widest  sense  of  the 
term  into  reB  oorpora/les— objects  of  the  senses — 
and  rez  jiioorporalffs— objects  of  the  intelligence 
only  (Cic  Top.  5 ;  Sext.  £mpir.  adv.  MatKmat. 
3;  QuintiL  Hitt.  v.  10,  116;  Gell.  v.  15; 
Boeth.  Top.  iii.  &c.),  was  applied  to  the  objects 
of  rights  by  the  Roman  jurists  (Gains,  ii.  12- 
14;  Dig.  1,  8,  1,  1;  Inst.  ii.  2,  pr.  2),  who 
were  perhaps  led  to  this  way  of  regarding  the 
matter  by  the  fact  that  every  action  m  rem  related 
to  either  a  corporeal  thing  or  an  incorporeal 
right  (^  si  paret,  rem  actoris  esse  .  •  .  si  paret, 
jus  utendi  fruendi  actoris  esse  *^.  If  this  is  so, 
res  originally  meant  in  legal  phraseology  any 
thing  of  which  it  could  m  said  **  meum  est," 
whether  a  corporeal  thing  or  an  incorporeal 
(real)  right;  but  later,  by  an  extension  of 
meaning,  res  moorporalis  came  to  include  all 
rights  other  than  dominium  (which  fell  under 
res  corporaKs  because  the  Romans  habitually 
identified  it  with  the  thing  over  which  it 
existed),  especially  the  rights  in  personam 
termed  obiigationes  (Gains,  ii.  14;  Inst.  ii. 
2,2). 

Erery  thing  which  is  in  its  nature  divisible 
can  be  conceived  as  consisting  of  parts,  in  con- 
trast with  which  it  is  itself  a  unit  or  uni- 
versitas  (e.g.  *' nniversitas  agrorum,"  Dig.  50, 
16,  239,  8 ;  «  fundi,"  Dig.  41,  4,  2,  6) ;  and  if 
this  be  done  with  reference  to  the  subjection  of 
one  of  those  parts  to  exclusive  rights  in  a 
person,  that  part  is  itself  conceived  as  a  unit 
or  independent  object  of  rights,  and  the  whole 
is  regarded  pro  diviso,  as  though  it  were  divided 
(MQuintus  Mucins  ait,  partis  appellatione  rem 
pro  indiviso  significari,  nam  quod  pro  diviso 
nostrum  sit,  id  non  partem,  sed  totum  esse, 
Servius  non  ineleganter  partis  appellatione 
utrumqne  contineri,"  Dig.  50, 16,  25, 1).  But 
some  things  consist  of  parts  which  cannot  be 
physically  divided  from  it  without  an  essential 
change  in  their  nature,  and  in  relation  thereto 
such  a  thing  cannot  be  regarded  pro  diviso; 
the  whole  can  be  the  obje^  of  rights,  but  a 
physical  part  of  it  cannot.  The  stones,  for 
instance,  of  which  a  house  is  built,  are  not  parts 
of  it  in  the  sense  that  they  cannot  be  removed 
without  a  change  in  their  nature,  and  oonse- 
qnently  they  can  be  owned  j}ro  diviso  eren  while 

8  B 


978 


UNIVERSITAS 


UNIVER6ITAS 


uBMptrated ;  but  the  house  itself  is  an  integral 
part  of  the  soil  on  which  it  stands,  apart  from 
which  it  cannot  be  an  independent  object  of 
rights ;  nor  can  one  person  own  the  right  arm 
of  a  slare,  another  the  left,  or  one  the  head 
and  shoulders  of  a  horse,  another  the  hinder 
quarters.  The  contrast  between  the  two  is 
thus  put  by  Pomponins :  **  [nnum  genus  cor- 
porum]  continetur  uno  spiritu  et  Greece  ^vw- 
fi4wop  yocatur,  ut  homo  tignum  lapis  et  similia : 
altemm  quod  ez  contingentibus  hoc  est  pluribns 
inter  se  cohaerentibus  constat,  quod  avimififidwop 
Tocatur,  ut  aedificium  navis  armarium**  (Dig. 
41,  3,  30,  pr.). 

But  a  thing,  even  though  physically  indi- 
Tisible  (as  a  slave),  may  be  conceired  as  con- 
sisting of  ideal  or  intellectual  parts :  e,g.  one 
person  may  own  a  field  or  a  slave  in  one-third, 
and  another  may  own  him  in  two-thirds: 
^'serrus  communis  sic  omnium  est,  non  quasi 
singulorum  totus,  sed  pro  partibus,  utique  indi- 
Tisis,  ut  intellectu  magis  partes  habeant  quam 
oorpore  "  (Dig.  45,  3,  5) :  and  if  such  a  part  is 
regarded  as  the  object  of  exclusive  rights,  the 
thing  is  nevertheless  taken  pro  indioiao,  and  is 
said  to  belong  to  two  or  more  persons  in 
common:  no  one  can  say  that  any  particular 
physical  part  belongs  to  him  exclusively.  Here 
the  whole  is  corporeal,  the  parts  are  intel- 
lectual. But  conversely  there  are  cases  in 
which,  though  the  parts  are  corporeal,  the  whole 
18  intellectual  or  ideal  only ;  as  when  there  is  a 
number  of  independent  corporeal  things  not 
materially  connected,  but  connected  in  thought 
owing  to  some  common  end  or  purpose  so  as 
to  form  in  idea  a  whole:  e,g.  the  books  com- 
posing a  library,  or  the  sheep  which  make  up  a 
flock  (Inst.  ii.  20, 18).  Where  the  purpose  of 
the  several  things,  so  far  from  being  different 
from  and  independent  of  the  general  purpose 
for  which  the  idea  is  formed,  is  subservient  to 
that  general  purpose,  such  intellectual  wholes, 
consisting  of  corporeal  parts  which  may  be  com- 
pletely changed  without  its  ceasing  to  be  the 
same,  are  treated  as  independent  objects  of 
property,  so  that  (0.(7.)  they  can  be  pledged 
(Dig.  20,  1,  13,  pr.;  t&.  34,  pr.);  they  are 
juristic  ''things,'*  and  are  called  vnioertitates 
rerumy  just  as  umversitates  personarum  are 
juristic  persons,  or  sometimes  vniversUates 
rentm  distantium  to  distinguish  them  from  the 
00-called  universitatea  rerum  cohaerenthan^  ex- 
emplified in  the  passage  of  Pomponius  cited 
above.  Passages  in  which  these  universitatea 
rerum  (ditiarUium)  are  characterised  may  be 
found  in  Inst.  ii.  20,  18;— Dig.  30,  22;  ib.  7,  1, 
70,  3;  ib,e,  1,  1,  3 ;  t&.  3,  pr. 

But  the  term  unwersitas  is  not  applied  merely 
to  "  things  **  in  the  narrower  signification.  Upon 
its  Roman  use  in  the  sense  of  sn  aggregate  of 
proprietary  rights  (whether  real  or  personal) 
and  liabilities,  especially  with  reference  to  he- 
reditas  though  we  also  read  of  peculia  (Dig. 
5,  3,  20,  10)  and  dotes  (Dig.  33,  4,  1,  4)  as  uni- 
Tersitates — ^modern  jurists  have  founded  the 
conception  of  a  "  universitas  juris,**  the  complex 
of  a  man's  assets  and  liabilities,  which  may  be 
the  object  of  succession,  as  upon  death,  adro- 
gatio,  conventio  in  manum,  &c.  [SuccbssioJ. 
And  ftom  its  other  Roman  use  in  the  sense  of 
the  aggregate  of  persons  belonging  to  a  cor- 
poration (Dig.  1,  8,  1,  pr. ;  id.  2,  pr. ;  t&.  6, 1 ; 


A.  3,4,  2;  t6. 7,  land  2;  ib.  46, 8, 9).  they  hare 
coined  the  expression  universitas  personarum  ss 
denoting  one  of  the  species  of  what  are  now 
usually  termed  ''juristic  persons." 

It    is   only    the    individual  man    who   csn 
properly  be  regarded  as  the  subject  of  rights 
and  duties,  and  it  is  he  who    determines  for 
himself  the  ends  to  which  his  property  shall  be 
devoted.    But  there  are  some  ends  which  00a- 
oem  more  men  than  the  single  individual,  and 
these  may  often  be  attained  by  the  formation  of 
a  partnership  between  those  to  whom  they  are 
an  object;   and  others  of  a  wider  and  more 
enduring  interest  still,  which  are  an  object  to 
successive  generatioos,  sjQ,  to  the  inhabitants  ei 
a  town,  the  citizens  of  a  state,  the  members  of  a 
family,  the  practitioners  of  an  art — or  even  t» 
all  mankind,  as  is  the  case  with  civilisation  aal 
religion,    llie  attainment  of  these  ia  Cscilitatel 
by  certain  funds  being  set  aside  and  adminis- 
tered for  that  very  purpose ;  and  thus  the  »4 
seems  to  resemble  man,  for  to  it  is  ascribed  the 
proprietary    capacity    which    only     man    can 
properly  possess,  and  the  foundation  which  u 
its  outwani  symbol  ia  conceived  as  a  person  i< 
said  personam  viae,  prieatorum  looo,  esse  (Dig.  46, 
1,  22 ;  50,  16, 16%  and  is  described  as  owner. 
heir,  creditor,  and  debtor  (Dig.  34^  7,  1 ;  «6. 4 ; 
1,  3,  49,  4) :   communities  of  persona  orgaDis^d 
for    permanent    public    purposes    are    in   th« 
writings  of  the  Agrimensores  (pp.  16,  54,  ei 
Lachmann)  called  persona  pulUioa,  persona  eo- 
hnia.    This  is  the  notion  of  a  juristic  person, 
of  which  there  may  be  said  to  be  two  kinds : 
corporations   (porporatio,  Nov.  Severi,  ii.,  but 
more  ordinarily  corpus  in  the  authorities:  ii;t 
modems  speak  of  wuoersitates  personarum),  ac  1 
fands  or  property^aggregates  devoted  to  sokc 
permanent  and  definite  object,  which,  so  &r  a> 
proprietary  rights  are  concerned,  the  state  ha> 
endowed  with  personality  and  legal  capadtj: 
these  are  by  modem  writers  often  termed  wu- 
versitates  bonorusiif  an    expression    which    tb-. 
Romans  appear  to  use  only  in  the  sense  of  as 
inheritance  (Dig.  6, 1,  1,  pr. ;  29,  1,  18,  pr.). 

Of  corporations  the  following  kinds  oecvr  i— 

(1)  The  Roman  State,  Respublica,  considered  s,> 
the  subject  of  rights  and  duties  a>mprised  under 
Private  Law :  its  property,  and  legal  persoaalit  j 
in  respect  of  property,  are  also  called  Fiscns  er 
Aerarium,  though  some  writers  («^.  Baron. 
Pandekten,  §  30)  treat  the  Fiscns  and  Suu 
together  as  a  juristic  person  of  anomalo'** 
character,  which  cannot  properly  be  '■'i^^H  u 
a  corporation  at  all.  By  the  classical  jurists 
respublica  is  most  commonly  used  to  ezprvft&  4 
dvitas  dependent  on  Rome,  not  Rome  herse't. 

(2)  Political  or  local  subdivisions  of  tbe  pcopU, 
such  as  civitates,  munidpes,  communes  or  ooca- 
munitas,  vicus,  colonia,  provindae,  fora,  coa- 
ciliabula,  castclla  (the  last  three,  thoagh  1:  t 
mentioned  in  the  legislation  of  Justinian,  oeci.r- 
ring  in  the  Tabula  Heracleensis,  the  Lex   E:* 
bria  de  Gallia  Cisalpina,  and  in  Pauloa,  SenL  n 
iv.  6,  2).     (3)   Military  subdivisions^  snch  s* 
legions  (Dig.  28,  3,  6,  7 ;  41, 3,  30,  pr. ;— Cec 
6,  62,  2).    (4)  Associations  of  oflSdal   peisi ::. 
and  administrative  authorities,  of  which   i- 
body  of  scribae  became  one  of  the  most  nnsse* 
rous  and  important  through  being  employed  •.! 
all  blanches  of  the  administration.     The  gcvra^ 
name  was  Scribae,  which  included    Uw  saS 


UKIYEBSITAS 


UXIVEttSITAS 


979 


ordinate  oorpoimtioni  termed  Decnriae  librari- 
oroiDy  fiscal  ium,  ceniualinm  (Dig.  37,  1,  S,  4 ; 
46,  1,  22;  29,  2,  25,  1;— Cod.  11,  13),  whoM 
indiyidoal  members,  called  decnriati  and  subse- 
quently decnriales,  had  great  priTileges  at  Rome 
and    sahseqnently  at  Constantinople   (Cic.  in 
Verr,  liL  79  ;  ad  QuinL  frtOr.  ii.  3;  Tac.  Ann. 
xiii.  27  ;   Saeton.  Octav.  57,  Claud.  1).    Simi- 
larly the  decnriones  of  a  town  were  regarded  as 
a  corporation  distinct  from  the  general  body  of 
Mnnicipes,  as  in  Cod.  6,  62,  4 ;  Dig.  4,  3,  15, 
where  it  is  stated  that  an  action  for  dolus  will 
not  lie  against  the  Municipes,  of  which  a  ficti- 
tious  person  cannot  be  guilty,  but  that  su/ch 
action  will  lie  against  the  indlTidnal  decnriones 
who  administer  the  affairs  of  the  Municipes. 
(5)  Associations   of   religious  persons,  collegia 
templomm  (Dig.  32, 38, 6\  such  as  the  priests  of 
the  Tarions  gods  and  the  Vestal  Virgins.  (6)  As- 
sociations  for  trade  and  commerce,  as  Fabri, 
Pistores,  NaTioularii  (Dig.  3,  4^  1,  pr. ;  50,  13, 
5,  13),  the  bond  between  whom  was  their  com- 
mon  calling,  though  each  worked  on  his  own 
account.      under  this   head  also  fall  certain 
partnerships,  which,  though  termed  societateSy 
had  a  permanent  corporate  eziitence,  such  as 
the  associations  for  farming  the  taxes  (tocietatea 
piMioanonan)f  and  for  working  mines  (talinae : 
Dig.  3, 4,  1,  pr.,  and  1 ;  37,  1,  3,  4 ;  47,  2,  31, 
1).      (7)  The    associations   in   the    nature  of 
modem  dubs  which   were  called  Sodalitates, 
Sodalitia,   Collegia  Sodalitia.     These  were  in 
origin  friendly  associations  for  purposes  of  com- 
mon feasting  and  worship,  but  in  course  of  time 
many  of  them  acquired  a  political  character, 
and  in  periods  of  commotion  became  centres  of 
faction  and  intrigue,  their  members  crowding 
together  in  public  places  (Cic.  ad  Quint,  /rat,  ii. 
3),  so  that  at  last  the  senate  was  compelled  to 
propose  a  law  subjecting  those  who  would  not 
disperse  to  the  penalties  of  via.    According  to 
Asconius,  this  was  followed  by  a  general  disso- 
lution of  collegia,  but  in  fact  those  only  were 
dissolred   whidi  were  of  a  mischievous  cha- 
racter ;   and  under  the  emperors  the  rule  was 
established  that  no  collegium  of  this  or  the 
preceding  class  could  be  founded  without  per- 
mission from  the  princeps  or  senate,  which  was 
granted  only  on  special  grounds  (Dig.  47,  22, 
1-3 ;  3,  4,  1,  pr.).    (8)  There  were  also  in  the 
imperial  period  Collegia  Tenuiorum  (Dig.  47, 22, 
1,  pr. ;  t6.  3,  2),  associations  of  poor  people  for 
mutual  support,  and  especially  to  secure  their 
members  decent  burial.      A  man  could  only 
'   belong  to  one  of  themi    the  members  might 
meet  only  once  a  month,  and  paid  monthly  con- 
I   tribotions.    To  clubs  of  this  class  eren  slaves 
;   could  belong,  on  obtaining  permission  from  their 
I   masters,     upon  the  whole  subject  compare  the 
article  on  Collegia. 
Of  the  rights  comprised  in  priyate  law,  some 
^  only  can  reside  in  corporations.    An  independent 
property  or  proprietary  capacity  is  essential  to 
r  the  corporate  character:   '*quibus  autem  per- 
I  missum  est  corpus  habere  ....  proprium  est  ad 
I  exemplum  reipublicae   habere    res    communes, 
I  arcam  communem  et  actorem  sire  syndicum, 
I  per  quem,   tanquam   in  republica,  quod  com- 
^  muniter  agi  fierique  oporteat,  agatur  fiat  **  (Dig. 
!  3,  4,  1,  1).    Corporations  could  own,  possess, 
\  owe,  be  owed,  and  institute  legal  proceedings ; 
they  could  possen  the  jus  patronatus,  but  none  of 


the  family  rights,  and  many  of  them,  though 
capable  of  taking  legacies,  were  excluded  from 
succeeding  deceued  persons  by  way  of  inhe- 
ritance (Dig.  30, 117,  122 ;  ib.  73, 1).  A  cor- 
poration if  not  identical  with  its  members  at 
any  giren  time,  and  remains  the  same  **  person  " 
unaffected  by  changes  in  them  (Dig.  3,  4,  7,  2) ; 
they  do  not  share  pro  parte  in  its  rights  and 
liabilities  ("si  quid  universitati  debetur,  sin- 
gulis non  debetur,  nee  quod  debet  uniyersitas 
singuli  debent,"  Dig.  i&.  7,  1),  and  can  become 
its  debtors  and  creditors  in  precisely  the  same 
way  as  other  persons  can  (Dig.  ib.  9).  Their 
rights  and  duties,  as  such  members,  yary  with 
the  character  of  the  corporation  itself,  which 
may  be  established  entirely  or  principally  for 
their  benefit,  so  that  sometimes  the  members 
for  the  time  being  may  be  entitled  to  divide  its 
property  between  themselves  on  its  dissolution. 
Having  no  will  of  its  own  (Dig.  41,  2, 1),  it 
can  perform  legal  acts  only  through  agents^ 
whether  these  be  its  presidents  (magittrij  reo* 
fores)  or  subordinate  officials,  especially  those 
appointed  for  the  conduct  of  litigation  (tyndidf 
adorea) ;  and  what  these  agents  decide  on  and 
do  within  the  scope  of  their  authority  is 
regarded  as  the  determination  and  act  of  the 
corporation  itself  (Dig.  35,  1,  97 ;  50,  1,  14). 
Who  are  its  duly  authorised  agents  is  usually 
defined  by  its  constitution :  but  in  the  absence 
of  such  definition  the  aggregate  of  its  members 
are  to  be  considered  its  natural  representatives^ 
and  the  acts  and  resolutions  of  a  majority  at  a 
duly  summoned  meeting  to  be  taken  as  con- 
clusive (Dig.  19,  160,  1;  Cod.  10,  63,  5,  1), 
unless  contrary  to  positive  law  or  the  interests 
of  the  public  (Dig.  47,  22,  4). 

Some  corporations  were  established  by  the 
state :  but  the  chief  mode  in  which  they  arose 
was  the  voluntary  association  of  a  number  of 
persons  (not  less  than  three :  Dig.  50,  16,  85) 
for  a  common  purpose  which  was  neither  un- 
lawful nor  immoral.  Whether  a  special  recog- 
nition of  the  associated  persons  as  a  corporation 
by  the  state  was  essential  cannot  perhaps  be 
regarded  as  settled ;  but  (notwithstanding  Dig. 
3,  4, 1 ;  47,  22,  3, 1)  the  better  opinion  would 
seem  now  to  be  that  an  association  might  be 
invested  with  the  corporate  character  under 
general  law  or  custom,  and  that  as  a  rule  it 
could  not  be  denied  to  any  lawful  combination 
of  persons  so  organised  as  to  create  a  fund  of 
property  distinct  from  that  of  the  associated 
persons  themselves  (Windscheid,  Lehrbuchj  §  6O9 
note  3). 

A  corporation  was  dissolved  by  the  death  or 
withdrawal  of  all  its  members :  **  In  universita- 
tibus  nihil  refert,  utrum  omnes  iidem  maneant, 
an  pars  maneat  vel  omnes  immutati  sint :  sed  et 
si  universitas  ad  unum  redit,  magis  admittitur 
posse  eum  convenire  et  conveniri,  cum  jus 
omnium  in  unum  reciderit  et  stet  nomen  uni- 
yersitatis  "  (Dig.  3,  4,  7,  2).  But  it  cannot  as  a 
rule  be  extinguished  by  a  resolution  of  its 
members.  Of  course,  where  no  public  interest 
stands  in  the  way,  these  can  agree  unanimously 
to  withdraw  from  the  corporation  and  so  put  an 
end  to  its  existence :  but  in  such  a  case  unani- 
mity is  indispensable  unless  it  is  provided  by 
the  constitution  of  the  corporation  itself,  that 
for  this  purpose  (as  for  others)  a  majority  shall 
I  be  able  to  bind  n  minority.    It  could  also  be 

8  b2 


980 


UNIVERSITAS 


TOCONIALEX 


dissolved  by  its  object  becoming  nnlawfal,  as 
where  the  state  prohibits  associations  of  certain 
kinds  which  hitherto  have  been  perfectly  legal 
(e.g,  the  collegia  sodalitiaX  or  declares  a  single 
corporation  extinct  on  grounds  of  policy  (Dig. 
7,  4,  21).  Upon  dissolution,  the  property  of 
those  corporations  whose  members  were  jointly 
entitled  to  its  funds  or  income  was  divided 
among  them ;  in  other  cases,  any  resolution  of 
the  members  made  before  extinction  as  to  what 
was  to  become  of  it  was  binding :  if  there  had 
been  no  such  resolution,  the  property  went  as 
bona  vacantia  to  the  Fiscus. 

The  second  class  of  juristic  persons  (the  so- 
called  tMtversitates  bonorum)  are  those  which 
are  not  necessarily  supported  by  any  natural 
person — a  support  which,  as  has  been  seen,  was 
essential  to  the  existence  of  a  corporation: 
they  are  so  much  property,  or  i^gregates  of 
rights  and  duties,  personi6ed  and  regarded  as 
capable  of  perpetuating  their  separate  existence 
and  fictitious  unity  indefinitely.  These  were 
uncommon  at  Rome  before  the  adoption  of 
Chxistianity  as  the  state  religion,  though  by 
special  favour  of  the  emperor  or  senate  certain 
temples  were  endowed  with  capacity  of  inhe- 
riting  property  (Ulpian,  £eg.  22,  6) :  but  after 
Constautine's  religious  reformation  the  character 
of  the  juristic  person  came  to  be  possessed  by  foun- 
dations established  for  the  encouragement  of  the 
new  worship,  such  as  churches,  monasteries,  and 
religious  houses  generally,  uid  by  other  institu- 
tions of  a  charitable  nature,  such  as  hospitals 
and  almshouses,  which  Christianity  regarded 
with  peculiar  favour  (Cod.  1,  2,  23 ;  1,  3,  35, 
46).  A  juristic  person  of  any  of  these  kinds 
came  into  existence  by  the  dedication  by  any 
one,  even  in  his  last  will,  of  property  to  a  per- 
manent end  of  religious  or  charitable  character : 
it  had  full  proprietary  rights,  includiog  capacity 
to  take  by  inheritance  no  less  than  by  legacy 
(Cod.  1,  2,  23 ;  1,  3, 24,  49) :  like  a  corporation, 
it  could  act  only  through  agents,  the  appoint- 
ment of  whom,  if  not  provided  for  in  the 
constitution  of  the  juristic  person  by  its  founder 
(Cod.  1,  3,  46,  3),  was  entrusted  to  the  public 
magistrates  (t^.  49,  6 ;  Nov.  131, 11).  Aliena- 
tion of  property  belonging  to  such  foundations 
was  subject  to  important  restrictions  (Nod. 
120). 

It  is  disputed  whether  the  character  of  a 

i'uristic  person  can  be  ascribed  to  the  successive 
lolders  of  an  office  or  magistracy  (afler  the 
fashion  of  English  ** corporations  sole"):  but 
this  would  seem  to  be  the  case,  inasmuch  as  a 
legacy  to  '*  the  emperor  "  or  **  the  holder  of  such 
aod  such  a  magistracy  '*  was  good  without  fur- 
ther specification  (Dig.  31,  56,  2;  33, 1,  20,  1; 
50,  1,  25).  There  is  the  same  question  with 
regard  to  a  hsreditas  jacens,  i.e.  a  man's  property 
in  the  interval  between  his  decease  and  accept- 
ance by  an  heir,  of  which  it  is  said  *'  hereditas 
vice  defancti  fungitnr,  personam  defuncti  sus- 
tinet "  (Dig.  41,  1,  33,  2 ;  «6.  34;  28,  5,  31, 1, 
&cX  And  which,  even  while  res  miilhu^  could 
acquire  fresh  rights  and  incur  fresh  liabilities. 
It  is  difficult  to  explain  such  properties  without 
attributing  to  an  inheritance  a  fictitious  juristic 
personality,  while  at  the  same  time  it  is  impossi- 
ble to  classify  it  with  either  of  the  two  groups 
of  juristic  persons  treated  above. 
Tht  term   Uhivw8ita9  was   adopted  in  the 


Middle  Ages  to  denote  certain  great  schools,  l>Qt 
not  as  schools:  it  denoted  these  places  as  cor- 
porations, tU.  as  associations  of  indiriduaU 
The  adjunct  which  would  express  the  kind  of 
persons  associated  would  depend  on  dream- 
stances  :  thus,  in  Bologna,  the  expression  **  Coi- 
versitas  Scholarium"  was  in  common  use:  is 
Paris,  ^  Universitas  magistrorum.*'  The  school 
as  such  was  called  Schola,  and  from  the  13tb 
century  most  commonly  Studium :  and  if  it  wai 
a  distinguished  school,  it  was  called  Studiom 
Generale.  The  first  occasion  on  which  the  tera 
universitas  was  applied  to  a  great  school  is  asid 
to  be  m  Decretal  of  Innocent  III.  of  the  begioiuQc 
of  the  13th  century,  addressed  **  Scholaribu 
Parisiensibus."  (Dig.  3,  4;  Puchta,  /luf^ 
Uonaij  §  222  ;  Savigny,  System^  &c.  L  p.  378, 
ii.  235,  iii.  8 ;  Dirksen,  ffigtonsche  Bemerhoiv^ 
i&er  dm  Zustand  der  jurisUschen  Po'sonen  nack 
rifm.  Rechte,  in  his  Cioil.  Abhandhmgen,  u.  1; 
Pfeifer,  Die  Lehre  von  den  juristischen  Fencme%y 
Tubingen,  1847 ;  Uhrig,  Ueber  die  jvr,  Penone%, 
Dillingen,  1854.)  [J.  Bw  U.] 

VOCATIO  IN  JUS.       [Actio,  Vol  L 
p.  14a.] 

YCMDONIA  LEX.  Thu  law  was  pa«^i 
on  the  motion  of  Q.  Voconius  Saxa,  trib.  pUU 
with  the  strong  support  of  the  elder  Cato,  i.u.& 
585=B.c.l69  (Gc.  ^Sm.  §  14;  Uy.  Spit,  j\i)> 
Its  provisions  appear  to  have  been  two :  (1)  That, 
beginning  with  the  censorship  of  A.  Postomiv 
Albinus  and  Q.  FulviusFUccna(A.U.C.  581-583), 
no  one  enrolled  in  the  burgher  list  as  havin;  i 
property  of  100,000  asses  {qui  centum  milia  ami 
census  est)  should  make  any  maiden  or  woom 
his  heir  (Cic  Verr,  i.  42,  §  107  ;  Gains,  ii.  274> 
Vangerow  (in  his  treatise,  p.  13)  points  out 
that  this  sum  was  the  maximum  qualificstico 
for  the  first  class  of  Servius  Tullius'  arrang^ 
ment  (Liv.  i.  43);  and  that  as  Cato's  speech 
contained  a  reference  to  this  classification,  the 
restriction  imposed  by  this  Jaw  was  in  fact 
imposed  upon  the  dassid  or  first  class  (Cell.  rii. 
13).  Dio  Cassius  (Ivi.  10)  gives  the  limit  as 
25,000,  probably  meaning  drachmae^  which  were 
equal  to  100,000  sesterces,  and  that  ii  tbe 
amount  named  by  Pseudo-Asconius  (ad  Oc 
Verr.  I.  c).  Whether  this  substitution  of  *"•«- 
terces  "  for  *'  asses  "  is  due  to  mistake,  or  more 
probably  to  the  tadt  substitution  in  popoUr 
interpretation  of  the  current  coin  for  an  eztioct 
or  disused  one,  cannot  be  decided  (cf.  Harqnardt, 
Staatsverw.  ii.*  p.  15>  A  Vestal  Virgia  ins 
allowed  to  make  a  woman  her  heir  (Ck.  B.  F. 
iii.  §  17> 

(2)  Another  clause  (general  in  terms,  and  not 
confined  to  the  case  of  women)  provided  as  <■ 
pius  legatorum  nomine   martisve   causa  capen 
Hceret  quant  heredes  C(g)erent:  and  Gains  pdau 
out,  that  if  there  were    many  legatees^  tlw 
portion  left  to  the  heir  might  be  very  sbsI^ 
(Gains,  ii.  226,  followed  by  TheophiL  JnsL  n. 
22).    Gcero  refers  to  the  law  in  words  wkid 
are  easily  reconcilable  with  this,  but,  if  takes 
strictly,  mean  that  no  one  enrolled  (ije.  ia  tite 
first  class)  could  give  in  legadea  an  amooi^ 
more  than  would  come  to  the  heir  or  k«n 
(Verr.  i.  43,  §  110);  a  providoa  which  wooU 
secure  the  heir  or  heirs  at  least  half  the  estat«> 
Quintilian's  264th  Declamation  has  ^ae  heetf 
mulieri  nisi  dimidiam  partem  boooram  dare; 
but  this,  whatever  be  iU  worth,  is  still  oooflstei^ 


VOCONIA  LEX 


VOTA  PUBLICA 


981 


with  Gains,  as  showing  the  maximum  which  a 
woman  could  take  under  a  will.  This  second 
clause  was  practically  repealed  hj  the  Lex 
Falcidia  (Gains,  ii.  227). 

The  Yoconian  law  did  not  interfere  with  a 
woman's  rights  to  her  share  in  an  intestate 
estate  (Gaius,  iii.  1  sqq.'),  nor  with  the  claim  of 
a  daughter,  granddaughter,  &c.  to  a  share  where 
the  will  contained  no  disinheriting  clause  (Gains, 
ii.  124  sqq.).  Hence  a  father,  though  unable  to 
make  his  only  daughter  heir  by  his  will  (Au- 
gustin,  Civ.  D.  iii.  21),  could  bequeath  her  (not 
exceeding)  one-half  of  his  estate,  or,  if  she  was 
in  his  power,  by  omitting  to  disinherit  her, 
could  by  the  operation  of  the  general  law  in 
effect  leave  her  an  equal  share  with  other 
children,  or,  if  strangers  were  made  heirs  by  the 
will,  could  leaye  her  one-half  the  estate.  If  he 
made  a  will  and  expressly  disinherited  her,  she 
could  contest  the  will, as  undutiful  (inofficiosum)\ 
and  if  no  good  cause  for  her  duinherison  were 
shown,  she  would  obtain  at  least  a  share  (Paul, 
ir.  5;  Dig.  5,  2).  If  he  made  no  will,  she 
would  get  an  equal  share  with  other  sui  heredes. 

The  intention  of  the  Yoconian  law  apparently 
was  to  cnrb  the  extravagance,  br  limiting  the 
pecuniary  means,  of  women  (Gell.  xriL  6 ;  xx. 
1,  §  23).  One  of  the  interlocutors  in  Cic.  B,  P. 
iii.  10  attacks  its  aim,  and  also  its  provisions,  by 
pointing  out  that  by  not  fixing  a  maximum  sum 
which  a  woman  could  take  or  hold,  the  law 
would  work  (in  one  or  other  of  the  above- 
named  ways)  very  unequally  in  the  case  of 
fathers  of  difiei*ent  degrees  of  wealth.  More- 
over, from  Cic  Verr.  1.  c,  it  is  clear  that  rich 
persons,  by  not  being  enrolled,  perhaps  purposely, 
perhaps  by  irregmarity  in  taking  the  census 
(cf.  Huschke,  CentuSf  p.  61),  were  sometimes 
free  from  the  operation  of  the  law.  Trusts  (fidei- 
commi88a)y  too,  afroiHied  another  means  of 
escaping  what  seemed  to  some  an  unnatural 
law.  In  Cicero's  time  trusts  were  not  legally 
enforceable  (Cic  Jin.  ii.  17,  §  55) ;  bnt  when  after 
Augustus  trusts  were  protected  by  the  praetor, 
the  Yoconian  law  could  thereby  be  nullified  at 
will  (Gains,  ii.  274).  Its  provisions  were  re- 
laxed by  the  Lex  Papia  Poppaea  (Dio  Cass.  Ivi 
10)  in  favour  of  those  who  had  children,  and  ii 
was  probably  repealed  in  fact,  though  not  for- 
mally, before  the  time  of  Gaius  (Gell.  zx.  1, 
§  23).  What  was  the  interpretation  of  *^  census  " 
in  this  law  after  the  last  burgher  list  was  made 
by  Yespasian  is  not  known  (Mommsen,  £(hn. 
Staatsr.  ii.>  p.  408). 

The  words  of  Pliny  CPa»*  42),  <*  LocupIeUbant 
et  fiscnm  et  aerarium  non  tam  Yoconiae  et 
Juliae  leges,  quam,"  &c  probably  refer  to  the 
claims  of  the  public  treasury  to  inheritances 
left  vacant  or  legacies  lapsed  in  consequence  of 
violation  of  the  Lex  Yoconia,  and  of  the  Lex 
Julia  de  maritandis  ordinibus  or  of  that  which 
imposed  a  5  per  cent,  succession  duty  (vioesitna 
hereditaium).  Cf.  Yoigt,  Condict.  p.  227; 
Huschke,  ZBO.  v.  178.  The  policy,  though  not 
the  words,  of  the  Lex  Yoconia  is  thought  by 
Paulus  (iv.  8,  §  20)  to  have  led  (jure  civUi 
Voconiana  ratione  effedum)  to  restricting  the 
claims  of  women  as  heirs  of  an  intestate  estate 
to  those  who  were  aui  heredes  or  consanguineae 
and  not  to  further  degrees. 

Of  the  many  discussions  on  this  law,  see 
particularly  Savigny,   Verm,  8ckr,  i.  407  sqq. 


(1820,  1849);   Haase,  Shem.  Mus,  iii.  183  sqq. 
(1829) ;  0.  Yangerow,  Lex  Vooonia  (1863). 

[H.  J.  R.] 

YOLGANAXLA^  a  fesUval  celebrated  at 
Rome  in  honour  of  Yulcan,  on  the  23rd  of 
August  (x.  Kal,  Sept,^  with  games  in  the  Circus 
Flaminius,  where  the  god  had  a  temple  (C  /.  Z. 
vi.  2295;  Jordan,  Ephem,  Fpig,  i.  36,  230). 
The  sacrifice  on  this  occasion  consisted  of  fishes 
which  the  people  threw  into  the  fire  (Yarro, 
L,  L,  vi.  20),  and  of  a  red  heifer  and  a  boar-pig 
(C.  /.  L.  vi.  826).  That  the  festival  was  pro- 
pitiatory, to  stay  the  destroying  fire,  is  shown 
not  only  by  the  last-mentioned  inscription, 
which  alludes  to  the  great  fire  of  Nero*s  reign, 
bnt  also  by  the  fact  that  Stata  Mater,  who 
stayed  the  fire,  and  Jntuma  and  the  Nymphs 
who  supplied  water,  were  associated  in  the  festi- 
val (see  Marquardt,  Staatsveno.  iii.  9,  note  2). 
This  may  perhaps  explain  the  selection  of  fish 
as  the  victims.  There  were  feriae  Volcano  also 
on  the  15th  of  May  (Ov.  Fast,  v.  725 ;  Mar- 
quardt, Staatsveno.  iii.  575).  [L.  S.]  [G.  E.  M.] 

Y0L8ELLAE  (rpcxoXo/Sii,  rpixoKdfiiov),  m 
pair  of  tweezers  (Plaut.  Cure.  iv.  4,  21 ;  Mart, 
ix.  28,  5).  The  extent  to  which  the  practice  of 
pulling  out  hairs  was  carried,  both  among 
Greeks  and  Romans,  has  been  noticed  under 
PsiLOTHRUK.  For  the  slaves,  both  male  and 
female,  employed  for  this  purpose,  see  Alipilus. 
Several  examples  of  ancient  tweezers  have  been 
discovered ;  some  joined  with  a  rivet  at  the  back 
like  scissors,  others,  as  in  the  illustration,  made 
of  flexible  metal  (Marquardt,  PrivaiL  581 ; 
Becker-GOll,  GaUus,  ilL  241). 


Yolsellse,  tweesers ;  scknal  sise.  (From  the  Roman  villa 
St  BrsdiDg.  Isle  of  Wight;  preserved  on  the  spot.) 

Some  of  the  smaller  kinds  of  forceps  used 
as  surgical  instruments  are  likewise  called  vol- 
sellae  by  Celsus  (vi.  12,  §  1 ;  vi.  18,  §  3 ;  vii. 
10,  §  7).  One  of  these  is  figured  by  Rich  s.  v. ; 
see  also  the  cut  No.  17  under  Chjburgia,  in 
Vol.  L  [W.  W.] 

VOTA  PUBLICA.  These  rested  on  the 
same  principle  as  the  vows  and  votive  ofierings 
made  at  critical  moments,  and  after  an  escape 
from  danger  by  private  persons,  which  have 
been  described  under  Donabia.  The  public 
vows  were  made  in  time  of  war  (Liv.  v;  21, 
xxxvi.  2,  xlii.  28 ;  cf.  Ov.  Fast.  v.  573) ;  or  of 
pestilence  (Liv.  iv.  25,  xl.  37,  xli.  21).  A  clause 
often  occurs  to  the  effect  that  the  vow  is  made 
on  condition  that  the  state  should  be  free  from 
trouble  for  five  or  for  ten  years,  and  such  vows 
are  called  vota  quinquawnalia  or  decennalia  (Liv. 
xxi.  62  ;  XXX.  2,  27 ;  xxxL  9 ;  xlii.  28). 

The  things  vowed,  as  may  be  seen  from  the 
above  passages,  were  of  various  kinds,  offerings 
at  shrines  or  at  pnlvinaria,  a  tithe  of  the  spoil, 
votive  games  [LUDI,  p.  84  6],  or  a  temple.  The 
most  remarkable  of  all  vows  was  the  Yer 
Saorum,  which  has  been  described  in  a  separate 
article. 

The  consul  or  praetor  who  had  been  ordered 
by  the  senate  suscipere  votum  (i.e.  to  undertake 
the  obligation),  or  the  dictator  in  times  of  m 
dictatorship,   publicly  announced  (nvncupavit) 


982      VOTORUM  NUNCUPATIO 

the  TOW  and  its  object  in  formal  words  dictated 
to  him  hf  the  Pontifez  Maiimus  (Lir.  iT.  27, 
xxzvi.  2).  In  Liy.  zli.  21  we  find  a  caae  where 
XVvir  sacrorum  dictates  the  tow,  and  it  ia 
announced  by  the  Toices  of  the  assembled 
people;  but  this,  according  to  Mommsen,  was 
because  the  tow  was  intended  to  bind  each 
indiTidoal,  not  the  state  as  a  whole  (StaaU^ 
rechtf  i.  244).  Finally,  the  tows  were  entcmd 
in  the  public  records  in  the  presence  of  wit- 
nesses (Fest.  p.  173,  13).  The  fulfilment  of  the 
TOW  at  the  proper  time  was  under  the  charge  of 
the  magistrate  who  had  announced  it,  or  of  his 
successor,  if  he  had  yacated  office  in  the  mean- 
time ;  but  it  might  in  case  of  necessity  derolye 
on  another  magistrate  (cf.  lay.  zzzyL  2).  When 
a  commander  in  the  field  made  a  yow,  the  senate 
afterwards  determined  how  much  money  should 
be  assigned  for  its  discharge  from  the  treasury 
or  from  the  spoils  which  would  otherwise  be 
paid  into  the  treasury  (Liy.  zzziz.  5 ;  zL  44). 

Besides  these  eztraonlinary  public  yows,  there 
was  an  annual  votum  publicum  (of  yictims  to 
be  offered)  made  by  the  new  consiUs  on  Jan.  Ist, 
**pro  reipublicae  salute"  (the  **sollemnis 
Totorum  nuncupaUo  "  in  Liy.  zzi.  63 ;  to  this 
also  must  be  referred  the  **  soUemnia  precatus  " 
in  the  letter  of  Tiberius,  Tac.  Ann.  iy.  70). 
After  the  end  of  the  Republic  a  special  yow  was 
added  for  the  emperor's  safety  (Dio  Cass.  li.  19). 
In  order,  howeyer  (as  Mommsen  thinks),  to 
ayoid  confusion  between  the  yow  for  the 
emperor  and  that  for  the  state,  the  Srd  of 
January  became  the  day  for  the  ''yotum  pro 
salute  principis";  and  this  day  accordingly 
appears  in  the  Calendars  and  elsewhere  as 
tx>tonifii  nmoupatio  or  simply  as  wta  (C.  /.  L. 
L  p.  334 ;  Tac  Ann.  zyi.  22 ;  Capitolin.  Pert. 
6).  In  the  Gh'eek  writers  it  is  called  i^fUpa  r&p 
thx&^  (Dio  Cass.  Izziz.  8).  It  was  obseryed  in 
the  proyinces  as  well  as  at  Rome  (Flin.  Ep,  z. 
35,  36),  and  the  practice  was  so  far  eitended 
that  we  find  vota  for  yarious  occasions  con- 
cerning the  emperor,  his  return,  his  birthday, 
&c.  (see  numerous  instances  in  Marquardt)^  and 
further  for  yarioas  members  of  the  imperial 
family.  Hence  if  a  priyate  person  (as  Sejanus) 
allowed  his  own  name  to  be  added,  it  was  con- 
strued as  a  treasonable  usurpation  of  imperial 
power  (Dio  Cass,  lyiii.  3;  cf.  Izzy.  14).  For 
further  details,  see  Marquardt,  Staatsverw,  iii. 
pp.  265-268 ;  Mommsen,  Staatsrecht^  i.  244,  ii. 
810.  [6.  £.  M.1 

VOTO'BUM    NUNCUPATIO.       [Vota 

POBLICA.] 

UBGElJS  (dim.  wceolua)  was  a  name  applied 
to  any  sort  of  jug  with  one  handle  (Mart.  zL  56, 
ziy.  106,  &c.),  used  for  pouring.  Hence  in  Hor. 
A.  P.  22  the  urceus  is  selected  as  the  shape 
essentially  different  from  the  amphora.  It  is 
often  mentioned  as  used  for  pouring  water  into 
another  yessel  (Cato,  jS.  R.  10 ;  Flin.  H.  N.  ziz. 
§71),  but  in  this  sense  is  sometimes  distin- 
guisheid  as  tiro^iis  aquarinu  (Ciito,  R.  R,  13; 
Gell.  z.  24).  In  this  use  it  is  equiyalent  to  the 
irp6xoo9  oi"  vp^x^'y  which  was  used  as  a  water 
jug  or  ewer  [see  Pelvis],  of  which  a  cut  is 
giyen  from  Dennis's  Etruria.  The  smaller  kind 
of  urceus  aquarius  seryed  this  purpose.  The 
nreeus  or  urceolus  was  also  used  for  serring  the 
caida  or  frigida  at  table  (Mart.  ziy.  105),  or, 
like  the  oUx^Vi  'or  wine  (Plant.  MU.  ui  2, 18> 


UBUCAPIO 

A  common  shape  of  the  oirox^  >*  ^"^  f^^ 
but  there  are  other  forms ;  sometimes  an  older 


Prochuus.   (Oeonls.)       OsDochiie.   (Dmiii.) 

shape,  less  rounded  or  bellying  (see  Bavmeistcr, 
Denkm.  fig.  2102%  sometimes  with  a  more  pro- 
nounced spout  and  a  base  sogges- 
tiye  of  a  pyzis.  This  in  Birch  is 
called  an  Mxwis  [£picht8I81; 
and  it  is  probable  that  it  should 
be  distinguished  alike  from  the 
ordinary  oenochOe  and  prochona. 
The  oenochSe  waa  need  in  the 
symposia,  like  the  totally  dif- 
ferent cyathus,  for  dipping  wine 
from  the  crater  and  pouring  it 
into  the  cups,  as  we  see  on  the  yase-psintiBf 
in  Panofka,  PI.  zzziy.  2,  for  which  purpose  a 
jug  of  the  aboye  shape  would  be  unsuitablt. 

To  these  purposes  of  the  urceus  and  nrcede^ 
must  be  added  the  sacrificial  use;  for  Tarro 
says  that  the  oaqpia  used  for  wine  at  nchfia^ 
under  the  ritue  Romanus  was  an  uroeolns  [set 
Capis;  SiafPULtTM].  Its  shape  is  seen  in  tb« 
annezed   coin    of    the   gens    Pompeia.     Tbe 


cnyw* 


Goin  with  cspto  and  tttuosoii  the  obwene. 

material  of  the  urcei  and  nrceoli  was  not  oolr 
earthenware  (as  in  Hor.  /.  c.%  but  also  copper  cr 
bronze  (Cato,  /.  c ;  Juy.  z.  64 ;  Mayor  ad  Uk.)  sad 
silver  (Dig.  34,  2,  21).  [W.  S.]  [G.  t  M.] 
USUCAPIO.  *<  Usueapio  eat  adjectio  domi- 
nli  per  continuationem  poesessionis  temporU  lege 
definiti "  (Dig.  41,  3,  3 :  cf.  Ulpian,  R^.  zii.  H; 
Isidor.  Orig.  y.  25):  it  is  the  acquisitton  of  fall 
Quiritarian  ownership  by  posseasion  ooBtiniK<i 
for  a  prescribed  period  of  time.  It  is  not  ererj 
system  of  law  that  recognises  this  title  to  pro- 
perty, and  there  has  beoi  no  little  speculstioo 
as  to  the  reasons  of  its  ezistence  at  Roo«> 
The  rationale  suggested  by  Gains  (ti  44)»'*b« 
rerum  dominia  diutius  in  inoerto  essent,"  aitd 
by  other  authorities  (Dig.  41,  3,  1 ;  Cic  /r> 
Caec  26 ;  Dig.  41,  10,  ^  pr.),  is  r^jardei  br 
many  writers  as  not  satisfying,  and  the  node  ia 
which  the  subject  is  introduce  by  Gains  kbBse't 
has  led  to  the  theory  that  nsncapio  origiasted  is 
the  distinction  between  the  so-caUed  Quiritsritf 
and  Bonitarian  ownerships,  a  distinctioa  vhks 
itself  arose  from  the  abandonment  is  oiany  cms 


\ 


U8UCAPI0 

by  the  Romans  of  the  old  established  methods  of 
oonreyance.  It  would  seem  that  as  in  primitire 
times  property  belonged,  not  to  the  indiyidaal, 
but  to  the  family  group,  it  was  according  to 
archaic  law  practically  inalienable.  The  head 
of  the  family  administered  it.  on  behalf  of  the 
gronp,  but  he  could  not  by  conreyance  prejudice 
the  rights  of  its  other  members :  at  Rome  alien- 
ation nrst  took  the  guise  of  a  fictitious  action  at 
law,  just  as  in  England  property  which  was 
strictly  inalienable  was  enabled  to  be  conyeyed 
by  the  transparent  derice  of  a  fine  or  reoovery : 
the  party  to  whom  it  was  wished  to  conrey  the 
property  instituted  an  action  for  the  purpose  of 
establishing  his  pretended  title  to  it  against  the 
would-be  conyeyor,  who  made  no  defence,  and  so 
in  effect  admitted  the  plaintiff^s  right,  where- 
upon the  property  which  was  the  subject  of  the 
action  was  adjudged  to  the  latter  by  the  praetor. 
This  process  was  called  m  jtms  ceuio.  Owing 
to  its  great  inconyenience,  a  less  troublesome 
method  of  conyeyanoe  (mancipatid)  was  subse- 
quently introduced  for  certain  fayoured  objects 
of  property,  probably  those  in  which  dealings 
were  most  common  between  man  and  man,  and 
which  were  called  res  mcmcipi:  but  later  still  it 
became  established  that  though  the  forms  of 
mancipatio  or  in  jure  oeisio  must  be  strictly 
obseryed  in  order  to  transfer  ownership  in  res 
mandpi,  that  in  res  nee  mancipi  might  be  con- 
yeyed by  traditio  or  mere  deliyery — a  con- 
yeyance  of  the  jus  gentium  or  natural  law. 
The  tables  thus  were  turned,  and  things  which 
but  a  little  while  before  were  the  easiest  were 
now  the  most  difficult  to  alienate.  But  the 
cnmbrousness  and  inconyenience  of  the  old  forms 
in  contrast  with  the  simplicity  of  traditio  were 
now  so  galling  that  it  became  common,  when  it 
was  wished  to  oonyey  a  res  mancipi,  to  deliyer 
it  merely,  though  the  effect  of  this,  as  the  law 
prescribed  mancipatio  or  in  jure  cessio,  was  that 
nothing  strictly  passed  except  possession;  the 
alienor  retained  the  legal  title  or  jus  Quiritium 
oyer  the  property,  and  the  alienee  was  said  to 
haye  the  thing  m  bonis  by  a  title  which  we 
should  describe  as  equitable ;  the  phrase  **  boni- 
tarian  ownership "  commonly  used  to  describe 
his  interest  is  as  old  as  Theophilus.  Thus 
Gaius  says  (ii.  40):  "There  was  originally  in 
Rome  only  one  kind  of  ownership :  a  person  was 
either  owner  of  a  thing  ez  jure  Quiritium,  or  he 
was  not  owner  at  all.  But  afterwards  owner- 
ship was  diyided,  so  that  one  man  might  be 
owner  ez  jure  Quiritium,  and  another  might 
haye  the  same  thing  in  bonis.'*  It  is  suppMcd 
that  nsucapio  was  introduced  simply  for  the 
purpose  of  conyerting  this  equitable  interest  into 
dominium  ez  jure  Quiritium ;  for,  as  Oaius  says 
(ii.  41),  **Semel  impleta  usucapions  proinde 
pleno  jure  indpit,  id  est,  et  in  bonis  et  ez  jure 
Quiritium  tua  res  esse,  ac  si  ea  mandpata  yel  in 
jura  cessa  eeset."  If  this  hypothesis  is  correct, 
we  must  hold  that  the  changes  which  haye  been 
described  as  taking  place  in  the  law  of  aliena- 
tion had  occurred,  and  that  the  practice  of 
merely  deliyering  res  mandpi  had  become 
common,  before  the  enactment  of  the  Twelye 
Tables,  which  regulated  if  they  did  not  intro- 
duce the  law  of  usucapion  (Gains,  ii.  42,  54) : 
but,  after  all,  it  does  not  seem  unreasonable  to 
accept  the  general  account  of  the  matter  giyen 
by  the  authorities  referred  to  aboye,  and  to  find 


USUCAPIO 


983 


the  origin  of  the  rules  on  this  subject  in  the 
failure  of  other  conditions  prescribed  for  the 
acquisition  of  property  (such  as  the  requirement 
of  ownership,  Gains,  ii.  43,  or  of  capacity  of  legal 
action  in  the  alienor),  and  in  the  difficulty  of 
preying,  after  a  considerable  interyal  of  time, 
the  yalidity  of  a  conyeyanoe  which  as  a  matter 
of  fact  was  perfectly  unimpeachable  in  respect 
both  of  form  and  of  title. 

As  to  the  acquisition  of  property  by  lapse  of 
time  in  general,  we  find  two  distinct  sets  of 
rules  in  the  Roman  law :  those  of  Usucapio, 
which  are  part  of  the  jus  drile,  and  those  of 
Longi  temporis  possessio  or  pracicriptio  [Pbae- 
acBiPTio],  which  were  introduced  by  the 
praetor  through  the  Edict. 

Usucapio  appears  to  haye  been  called  in  the 
Twelye  Tables  usus  simply :  the  addition  auctoritas 
sometimes  found  with  it  (Gic.  Top,  4;  pro  Cbso. 
19)  denotes  the  warranty  of  title  incumbent  on 
a  yendor  by  mandpation,  or  (as  some  say)  the 
addition  of  the  jural  to  the  actual  element  (wusX 
with  which  may  be  compared  the  adjectio  domiwi 
in  the  definition  cited  aboye  from  Dig.  41,  3,  3, 
thoneh  there  the  proper  reading  may  be  adepUOf 
which  occurs  in  the  definitions  of  Ulpian  iBeg. 
zix.  8)  and  Isidorus  iOrig,  y.  25).  The  time  during 
which  the  thing  must  be  possessed,  that  the 
possession  may  be  conyerted  into  ownership,  was 
by  the  Twelye  Tables  a  year  for  res  mobiles,.^ 
two  years  for  **  fundus "  or  land  (Gains,  ii.  42, 
44,  54,  204;  Cic.  Ty},;  Isidor.  Orig.  loc  dt.): 
and  during  this  period  the  possession  must  be 
continuous  and  unbroken  (Dig.  41,  3, 16  r  tft.  31, 
1 ;  41,  2,  1, 15 ;  ib,  36) ;  the  effect  of  interrup- 
tion [UsURPATio]  was  that  the  preyious  posses- 
sion counted  for  nothing,  the  time  haying  to 
commence  afresh  and  run  again  in  full.  Nor 
could  the  possession  of  one  person  be  added  to 
that  of  another ;  so  that  if  A,  haying  possessed 
a  res  mobilis  for  eleyen  months,  transferred  his 
possession  to  B,  the  latter  would  still  require  a 
continuous  possession  of  his  own  for  another 
year  before  he  acquired  the  dominimn.  The 
only  apparent  ezception  to  this  rule  for  centuries 
was  that  the  heir  succeeded  to  and  could  reckon 
as  his  own  the  possession  of  the  person  from 
whom  he  inherited  (Dig.  4, 6,  30,  pr. ;  41,  3,  20, 
40,  &C.X  proyided  no  third  person  had  taken 
possession  of  the  object  in  the  interyal  between 
the  decease  and  his  own  acceptance  of  the 
ioheritance  (Dig.  41,  3,  20;  41,  4,  6,  2):  but 
this  is  accounted  for  by  the  **  unity  of  person  " 
which  in  the  Roman  yiew  existed  between  a 
deceased  man  and  his  heir,  and  which  (as  will 
be  seen)  they  realised  most  completely  in  respect 
of  usucapio:  and  it  was  not  till  the  time  of 
Antoninus  and.  Seyerus  that  the  doctrine  of 
accesdo  temporis  or  possessionb  was  admitted 
upon  any  transfer  of  possession  inter  vioos,  when 
by  an  enactment  of  those  emperors  a  purchsser 
was  allowed  to  add  to  his  own  possession  that  of 
his  yendor  (Inst.  ii.  6,  13).  It  would  seem  that 
subsequently  the  same  thing  was  done  under 
other  drcumstances,  as  the  general  word  auctores 
occurs  in  Dig.  44,  3,  5,  pr. ;  and  there  is  men- 
tion of  accessio  temporis  upon  transfer  of 
possession  by  way  of  legacy,  gift,  dowry,  pledge, 
&c.  (e,g.  Dig.  44,  3,  5,  pr. ;  ib.  14,  3-5;  41,  2, 
13,  6  sq,)y  uiough  we  may  perhaps  infer  f^rom 
Dig.  44^  3,  14,  pr.  ('*de  accessionibus  posses- 
sionum  nihil  in  perpetunm  neque  geneiraUter 


984 


USUCAPIO 


USUCAPIO 


definire  poesnraas,  consittunt  enim  in  sola  aeqni-  i 
tate")  that  there  was  no  established  rule  of 
law  in  the  matter,  the  praetor  judging  of  the 
circumstances  of  each  case  on  the  occurrence  of 
litigation,  and  allowing  or  disallowing  the  claim 
to  accessio  as  he  thought  right  by  means  of  his 
power  to  grant  actions  and  exceptiones. 

The  possession  must  be  civil  or  juristic 
possession — that  is,  to  the  actual  detention  there 
must  be  superadded  the  intention  to  deal  with 
the  property  as  one's  own  (Dig.  41,  3,  25 ;  ib, 
13,  pr. :  see  Pogbesbio)  ;  and  where  it  is  deriva- 
tive  or  representative  (as  in  the  cases  of  the 
sequester,  pledgee,  and  precario  rogans),  it  can- 
not ripen  into  dominium,  though  the  possession 
of  the  sequester  prevents  the  acquisition  of  the 
property  per  usncapionem  by  any  of  the  seques- 
trating parties  (Dig.  41,  2,  39).  Moreover,  the 
possession  must  have  been  acquired  by  a  justa 
cctusa  or  Justus  titulus  (Inst.  ii.  6,  pr. ;  Cod.  7, 
29,  4) ;  that  is  to  say,  the  possessor  must  have 
obtained  it  in  some  way  which  would  have 
made  him  owner,  only  that  in  the  particular 
case,  owing  to  some  external  defect  {e,g.  weak- 
ness in  the  transferor's  title,  or  his  incapacity  of 
legal  action),  acquisition  of  possession  is  not 
equivalent  to  acquisition  of  ownership.  The 
ccuua  in  which  the  possession  originates  is  in  the 
authorities  expressed  by  the  preposition  pro 
(^  possidet  pro  empto,  pro  derelicto,  pro  donate, 
pro  solnto,  pro  herede,  pro  legato,  pro  dote," 
&c).  A  tittUus  putatiwu  (as  where  the  possessor 
erroneously  supposes  there  was  an  intention  to 
vest  the  property  in  him,  **  veluti  si  quis,  cum 
non  emerit,  emisse  re  existimans,  possideat :  vel 
cum  ei  donatum  non  fuerit,  quasi  ex  donatione 
possideat,"  Inst,  ii  6,  11)  would  not  support 
nsucapio  (Inst,  he,  ct£.),  though  it  was  not 
hindered  if  there  was  a  causa  of  which  the 
possessor  was  ignorant  (Dig.  41,  10,  22),  or  as 
to  the  precise  nature  of  which  he  was  mistaken 
(Dig.  41,  3,  31,  6)^  and  even  in  the  absence  of 
titulus  altogether  it  could  proceed  if  the  pos- 
sessor believed  one  to  exist  through  an  excusable 
error  of  fact  (Dig.  41,  10,  5,  1 ;  22,  6,  4),  as 
where  A  commissions  B  to  buy  a  thing  for  him 
which  B  brings  him  with  the  fraudulent  assur- 
ance that  he  has  done  so  (Dig.  41,  4,  11). 

But  a  person  whose  possession,  notwithstand- 
ing the  existence  of  a  Justus  titulus,  did  not 
originate  in  bona  fides  could  not  acquire  by 
usucapio  (Inst.  ii.  6,  pr. ;  Gains,  ii.  43).  By 
bona  fides  in  this  connexion  seems  to  be  meant  a 
negative  rather  than  a  positive  mental  state — ^in 
other  words,  excusable  ignorance  of  fact  with 
regard  to  the  circumstances  which  in  the 
particular  case  prevent  acquisition  of  ownership 
(<*  qui  ignorabat  •  .  .  alienum  •  .  .  bonae  fidei 
possessor,"  Dig.  48,  15,  3,  pr. :  *'  bonae  fides 
emptor  esse  videtur,  qui  ignoravit  eam  rem 
alienam  esse,  aut  putavit  eum  qui  vendidit  jus 
vendendi  habere :  puta  procuratorem  aut  tutorem 
esse,"  Dig.  50,  16,  109) :  and  the  only  cases  in 
which  its  presence  can  be  really  a  question  are 
cases  of  materially  defective  acquisition,  as  e.g. 
where  a  non-owner  sells  and  delivers  property : 
here  the  purchaser,  besides  this  causa  ipro 
empto),  must  not  know  that  it  belongs  to  some 
one  other  than  the  vendor,  or  that  the  vendor 
has  no  authority  to  sell  (Dig.  50,  16,  109,  cited 
supr.y.  Bona  fides  was  required  by  Roman  law 
only  at  the  inception  of  possession  (Dig.  41, 1, 


48,  1),  and  in  sales  also  at  the  time  of  the 
contract  (Dig.  41,  4,  2,  pr.,  and  13) ;  so  that  if 
the  possessor  discovered  his  error  a  moment 
after  the  possession  became  vested  in  him, 
usucapio  was  not  hindered.  This  is  expressed  in 
the  maxim  (which,  however,  is  not  dasaicalX 
^  mala  fides  superveniens  non  nocet : "  bat 
under  the  canon  and  modern  civil  laws  the  role 
is  difi*erent,  the  presence  of  bona  fides  being 
required  throughout  the  whole  period  of  posses- 
sion. If  a  man's  possession  commenced  in  good 
faith,  the  fact  of  his  heir's  knowledge  that  the 
property  was  not  his  own  was  immaterial,  there 
being  in  contemplation  of  law  no  break  in  the 
continuity  of  the  possession :  and  conversely  if 
the  ancestor's  possession  was  mala  fide  in  its 
inception,  ignorance  on  the  heir*s  part  of  the 
fiaw  in  his  title  did  not  avail  to  enable  him  to 
acquire  by  usucapio. 

There  were  certain  anomalous  cases  in  which 
some  of  the  rules  hitherto  stated  were  varied,  or 
had  no  application.     Thus,  if  the  state  sold  land 
which   it  held   in  pledge,  and   the  purchaser 
{praecUator)  allowed  the  former  proprietor  to 
remain  two  years  in  possession  without  making 
entry  and  ejecting  him,  the  latter    recovered 
his  ownership  by  what  was  called  usureogpHo  cm 
praediatwa  (Gains,  ii.  61).    A  second  species  of 
usureceptio  was  where  a  man  conveyed  property 
fiduciae  causa  [PiQKUS],  with  an  agreement  for 
future  reconveyance,  to  a  friend  for  custody, 
or  by  way  of  mortgage:  here,  if  he  obtained 
possession,  he  could  regain  the  ownership  in  one 
year  (even  though  the  property  was  immobilia), 
unless  the  original  conveyance  had  been  made  as 
security  for  a  debt  which  remained  undischarged, 
in  which  case  he  could  thus  recover  only  if  he 
had  got  possession  neither  by  hire  nor  by  pre- 
carium  ("  usu  receptio  lucrativa,"  Gains,  iL  69, 
60).     Again,  res  mancipi  of  a  woman  in  the 
guardianship  of  her   nearest  agnate  had   been 
excepted  by  the  Twelve  Tables  from  the  opera-  v 
tion  of  usucapio,  unless  delivery  of  them  were 
made  by  the  woman  herself  with  the  guardian's 
auctoritas  (Gains,  ii.  47);  so  that   if  a   man 
knowingly    bought    such    property    from    the 
woman  without   the  tutor  s  sanction,  the  re- 
quirement of  bona  fides  was  unsatisfied :  bat  it 
was  provided  by  a  **  constitutio  Rutiliana,"  cf 
which  nothing  further  is  known,  that  he  could 
acquire  a  full  title  by  usucapio  unless  before 
its  completion  the  woman  -ofiered  to  return  him 
the  purchase-money  (fragnu  Vai,  1).     None  of 
these  cases  survived  to  the  time  of  Jnstinianu 
Gains  also  tells  us  (it  52)  that,  if  a  man  took 
possession  of  a  res  hereditaria,  a  piece  of  pro- 
perty belonging  to  an  inheritance,  before  the 
heir,  he  could  acquire  it  by  usucapio  in  a  year 
(Gains,  ii.  54 ;  Cic  ad  Att,  i.  5),  even  though  a 
res  immobilis,  notwithstanding  his   knowledge 
that  he  had  no  title  to  it  whatever  (cf.  Plin.  £p, 
5,  1) :  this  was  called  possessio  or  nsucapio  pro 
herede  (Gains,  ii.  52),  and  was  also  hicratica 
(t6.  56),  ''nam  sciens  quisque  rem  alienam  Incri- 
facit."    The  reason,  he  says,  why  even  land 
could  in  this  case  be  acquired  in  a  year  was  that 
an  hereditas  was  a  res  inoorporalis,  and  there- 
fore fell  under  the  oeterae  res  which  the  Twelve 
Tables  had  enacted  should  be  acquirable  in  the 
shorter  period :  and  he  accounts  for  this  carious 
form  of  usucapio  by  the  desire  to  indnoe  heir» 
to  make  a  prompt  aditio  of  inheritaacea  to 


USUCAPIO 

which  thej  were  entitled,  in  order  that  there 
might  be  some  one  to  perform  the  family  sacra, 
and  to  discharge  the  deceased's  liabilities  (ii.  55) : 
considerations  which  also  probably  will  account 
for  the  doctrine  that  there  could  be  no  theft  of 
res  hereditariae  until  the  heir  had  taken  posses- 
sion of  them  (Gains,  iiL  201 ;  Paul.  Bcfd,  rec,  ii. 
31,  11 ;  Dig.  47,  2,  68-70;  47,  4,  1,  15).  The 
law  on  this  subject,  however,  was  altered  by  a 
senatusconsultum  Jurentianum  passed  at  the 
instance  of  the  Emperor  Hadrian  (Gains,  ii.  57), 
by  which  it  was  enacted  that,  eren  though  the 
possessor  had  retained  the  property  for  the 
necessary  year,  the  usucapio  might  be  avoided 
by  the  heir's  proving  his  original  title  against 
him  by  hereditatis  petitio,  though,  should  he  not 
do  so,  the  right  acquired  by  usucapio  would 
avail  against  all  other  persons.  Subsequently 
the  wrongful  appropriation  of  res  hereditariae 
of  which  the  heir  had  not  yet  possessed  himself 
rendered  the  delinquent  liable  to  a  criminal 
prosecution  under  the  name  of  crimen  expilatae 
hereditatis:  **Si  quis  alienam  hereditatem  ex- 
pilaverit,  extra  oitiinem  solet  coerceri  per  accu- 
•ationem  expilatae  hereditatis,  sicut  et  oratione 
divi  Hard  cavetur  "  (Dig.  47,  19,  1 ;  cf.  »&.  3). 
After  this  change  possessio  pro  herede  usually 
denotes  the  interest  of  a  person  who  had  obtained 
from  the  praetor  a  grant  of  the  bonorum 
possessio  or  praetorian  inheritance,  which  usu- 
capio would  convert  into  ownership ;  but  this 
case  was  obsolete  in  the  law  of  Justinian's  time, 
in  which  usucapio  pro  herede  signifies  usucapion 
of  a  res  hereditaria  by  a  person  who  through  an 
excusable  error  believes  himself  heir  (Dig.  41,  3, 
33,  1),  or  of  res  non  hereditariae  by  the  heir 
who  supposes  them  to  belong  to  the  inheritance 
(Die.  41,  5,  3). 

Usucapio  being  a  ^  civil  **  mode  of  acquisition, 
by  which  the  possessor  became  dominus  ex  jure 
Quiritium,  it  followed  that  no  person  could 
avail  himself  of  it  who  had  not  the  ccmmerdum : 
this  in  particular  excluded  peregrini,  as  was 
signified  by  the  phrase  of  the  Twelve  Tables 
**  adversus  hostem  aeterna  anctoritas "  (Cic.  de 
Off.  i.  12,  37):  so,  too.  Gains  says  (ii.  65), 
**  ttsucapionis  jus  proprium  est  dvium  Boman- 
orum."  Similarly  things  which  were  not  in 
commerciOj  incapable  of  being  owned  by  private 
individuals,  were  excluded  from  its  operation : 
among  these  were  res  divini  juris,  such  as 
temples  and  lands  dedicated  to  the  gods,  sepul- 
chres and  their  approaches:  res  oommunea  and 
res  pubiicae,  especially  provindal  soil  (Gaius, 
ii.  46)  and  free  men  (Gains,  t&.  48).  There 
were  also  a  number  of  other  things  which  could 
not  be  acquired  by  usucapion,  some  on  account 
of  their  actual  nature,  some  by  reason  of  positive 
enactment. 

As  the  foundation  of  the  right  is  possession, 
and  nothing  can  be  possessed  but  what  is  corpo* 
real  and  tangible  (''possideri  autem  possunt, 
quae  sunt  corporalia  . .  .  nee  possideri  intelli- 
gitur  jus  incorporale,"  Dig.  41,  2,  3,  pr. ;  41,  3, 
4,  27),  a  title  to  mere  incorporeal  rights,  such 
aa  servitudes  and  other  jura  in  re  aliena,  could 
not  be  established  in  this  manner.  It  would 
seem  that  in  respect  of  urban  servitudes  this 
doctrine  had  been  reversed — perhaps  because  in 
them  there  was  a  greater  semblance  of  physical 
possession — and  that  the  acquisition  of  them  by 
usucapio  had  to  be  declared  void  by  statute  (the 


USUCAPIO 


985 


LexScribonia:  see  SEKyrruTES):  though  those 
writers  who  suppose  that  usucapio  was  intro- 
duced solely  to  perfect  the  traditio  of  res 
mancipi  contend  that  rustic  servitudes,  or  at 
least  some  of  them,  could  originate  in  this 
manner  (Engelbach,  Ueber  die  Usucapion  sur 
Zeit  der  ZwOlf  Tafeln,  Marburg,  1828).  But 
the  determination  of  servitudes  by  non-user,  as 
to  which  there  was  never  any  doubt  (Paul.  Sent, 
rec,  i.  17 ;  ib,  iii.  6,  30),  was  in  efifect  a  usucapio 
of  libertas  a  phrase  actually  used,  in  speaking 
of  the  extinction  of  urban  servitudes,  in  Dig. 
8,  2,  6 ;  and  it  would  seem  that  eventually  a 
title  to  rights  of  this  class  could  be  established 
by  longi  temporis^  posaessio  or  praescriptio 
[Sebvitutes]. 

The  withdrawal  of  certain  corporeal  things 
subject  to  private  dominium  from  the  operation 
of  usucapio  was  due  either  (1)  to  the  wish  to 
confer  a  privilege  on  the  owner,  or  (2)  to  the 
character  of  the  property  itself.  To  the  former 
class  belong  (a)  res  mancipi  of  women  in  agnatic 
guardianship,  of  which  enough  has  been  already 
said  above.  (6)  Property  of  towns  ('*  usuca- 
pionem  redpiunt  maximfe  res  corporales,  ex- 
ceptis  rebus  . . .  civitatum,**  Dig.  41,  3,  9 :  cf. 
Dig.  6,  2,  12,  2),  though  their  land  could  be 
acquired  by  a  praescriptio  of  twenty  years 
(Paul.  Sent,  rec,  v.  2,  4).  (c)  Res  immobiles  of 
churches  and  religious  and  charitable  founda^ 
tions  (Abo.  iiL  1,  131,  6).  (d)  Property  of  the 
fiscus,  though  bona  vacanUa  were  not  excepted 
from  usucapio  until  they  had  been  nuntiata 
(Inst.  ii.  6,  9;  Dig.  41,  3,  18,  24):  the  same 
privilege  was  extended  to  the  private  property 
of  the  emperor  (Cod.  7,  30,  2;  7,  38,  2,  3;  11, 
61,  64).  (e)  Things  belonging  to  pupilli  or  to 
minors  under  cura,  the  alienation  of  which  was 
prohibited  by  law  (Dig.  27,  9;  Cod.  5,  71-74; 
Dig.  8,  6, 10,  pr. ;  41,  1,  48,  pr.). 

To  the  second  class  belong  the  following: — 
(a)  Res  furtivae,  stolen  property,  which  was  y- 
excepted  from  usucapio  by  the  Twelve  Tables 
(Gains,  ii.  45 ;  Inst.  ii.  6,  2),  whose  enactment 
was  repeated  by  a  lex  Atinia  (Inst,  loc  dt, ; 
GelL  xvu.  7;  Cic  in  Verr,  u.  1,  42 ;  Dig.  41,  3, 
4,  6  ;  t6.  33,  pr. ;  50,  16,  215)  of  unknown  date, 
which  added  that  the  vitium  furti  should  be 
purged  as  soon  as  the  owner  (or  his  agent  to  his 
knowledge)  regained  possession  of  the  stolen 
property,  or  was  able  to  bring  a  vindicatio  for 
its  recovery  (Inst.  ii.  6,  8).  So  too  if  a  non- 
owner  pledged  a  res  aliena  or  gave  it  to  another 
in  usufruct,  and  subsequently  stole  it  from  the 
pledgee  or  usufructuary,  recovery  of  possession 
by  the  latter  made  the  thing  again  acquirable  by 
usucapio  (Dig.  41,  3,  49).  The  result  was  that 
not  even  a  possessor  in  good  faith  of  property 
which  had  been  stolen  at  any  distance  of  time 
could  acquire  a  title  to  it  in  this  manner,  and 
Gaius  (ii.  50)  observes  that  it  was  consequently 
extremely  difficult  for  a  mere  boni-fide  possessor 
(who  was  not  also  Bonitarian  owner)  to  become 
owner  ex  jure  Quiritium  by  usucapio  of  movable 
property,  because  any  unauthorized  dealing  with 
a  res  which  to  one's  knowledge  was  aliena  (i,e,  not 
one's  own)  was  theft  in  contemplation  of  law, 
though  he  mentions  some  cases  by  way  of  illustra- 
tion in  which  it  was  possible :  as  where  an  heir 
sells  property  which  had  been  deposited  with,  or 
let  or  lent  to,  the  deceased,  but  which  he  believed 
to  belong  to  the  inheritance;    or  where  the 


986 


USUCAPIO 


USUCAPIO 


Qsnfrnchiary  of  a  female  slave  sella  or  girea 
away  her  offspring  in  the  belief  that  he  was 
entitled  to  do  so:  in  both  of  which  instances 
the  bona  fides  of  the  alienor  excludes  the  pre- 
sumption of  furtum.  Fugitiye  slarea  could  not 
be  acquired  by  usucapio  on  the  same  prindple 
(Inst.  iL  6, 1),  their  running  away  being  regarded 
as  a  theft  of  themselves  (Cod.  6,  1,  1).  Land 
could  not  be  stolen  (Inst.  ii.  6,  7),  and  therefore 
did  not  come  within  the  proTisions  of  the  Twelve 
4  Tables  or  the  Lex  Atinta:  but  it  was  enacted 
by  leges  Julia  and  Plautia  (Gaiua,  iL  45,  51 ;— - 
Dig.  41,  3,  4,  22,  23 ;  ib.  48,  pr.)  that  rea  m 
posaessae  (and  thus  land  from  which  the  tenant 
had  been  forcibly  ousted)  should  be  equally 
excluded  from  the  operation  of  usucapio,  until 
the  tenant  recovered  possession  or  was  in  a 
position  to  bring  a  vindicatio  (Inst.  iL  6,  8). 
Justinian  points  out  in  the  Institutes  that  a 
title  to  land  in  general  could  be  more  easily 
thus  acquired  than  to  movable  property,  because 
there  would  be  no  ms  in  a  man's  entering  on  a 
loGU3  oooons ;  and  though  he  could  not  become 
its  owner  himself,  because  his  possession  was 
mala  fide,  yet  a  bonft-fide  possessor  to  whom  the 
land  was  conveyed  by  him  without  knowledge 
of  the  defect  in  his  title  could  do  so  (Inst.  U. 
6,  7).  (6)  Fundus  details,  land  comprised  in  a 
dos,  was  forbidden  to  be  alienated  by  the  Lex 
Julia  de  fundo  dotali  (Gains,  ii.  63 ;  Inst.  ii.  8, 
pr.),  a  prohibition  which  also  excepted  it  from 
acquisition  by  usucapio  if  it  came  into  the 
possession  of  a  third  person  after  the  dos  was 
created  (Dig.  23,  5, 16),  it  being  a  general  rule 
that  wherever  aJienation  of  property  was  for- 
bidden bv.  statute,  its  usucapion  was  forbidden 
also  (*' alienationis  verbum  etiam  usucapionem 
continet,  vix  est  enim,  nt  non  videatur  alienare, 

3ui  patitnr  usucapi,"  Dig.  50,  16,  28,  pr.). 
ustinian  ftirther  enacted  (Cod.  5,  12,  30)  that 
to  an  action  brought  by  the  wife  against  a 
third  person  for  the  recovery  of  any  dotal 
property,  movable  or  non-movable,  no  exoeptio  of 
usucapio  or  praescriptio  should  be  pleadable, 
(o)  By  the  Lex  Julia  repetundarum  it  was 
provided  that  no  one  should  be  able  to  set  up  a 
title  by  usucapio  to  any  property  of  which  a 
provincial  governor  had  become  possessed  against 
the  laws  relating  to  extortion  (Dig.  48,  11,  8, 
pr. ;  41,  1,  48,  pr.) :  but  (as  in  cases  of  theft) 
the  viUum  was  removed  by  the  revesting  of 
possession  in  the  owner  (Dig.  48,  11,  8,  1). 
(d)  It  was  declared  by  the  Lex  Mamilia  that 
the  space  of  five  feet  which  the  law  required  to 
be  left  clear  between  landed  estates  should  not 
be  acquirable  by  usucapio  ("quoniam  usuca- 
pionem intra  quinque  pedes  esse  noluerunt," 
Cic.  de  Legg,  i.  21, 55),  though  under  the  law  of 
Justinian  it  was  liable  to  a  thirty  years'  pre- 
scription (Cod.  3, 39, 6).  (e)  Building  materials 
of  one  man  used  by  another  without  the  former's 
knowledge  were  not  subject  to  usucajno  so  long 
as  they  remained  part  of  the  structure  (Dig.  41, 
1,  7,  11 ;  6,  i;  23,  7).  (/)  Other  m  of  less 
importance  excepted  from  usucapion  are  those 
belonging  to  the  so-called  peculium  adventiUum 
regulare  of  filiifamilias  (Cod.  6,  60, 1 ;  6,  61,  4^ 
and  property  which  devolves  on  childi^n  of  a 
first  marriage  owing  to  the  parents'  marrying 
again  {Nov,  22,  24). 

Two    peculiar   subjects   to  which    usucapio 
applied  under  the  older  law  deserve  a  brief 


notice.  -  One  of  the  modes  In  which  a  husbsad 
could  obtain  manus  over  his  wife  was  was, 
residence  under  his  roof  continuously  for  a  yesr, 
though  she  could  save  her  independence  by 
staying  away  three  successive  nights  (Gdns, 
i.  110;  GeU.  Nod,  Att.  UL;  Hacrob.  8atm%, 
i.  3) :  Cicero  mentions  this  as  a  way  in  which 
manus  could  originate  even  in  his  time  {pro 
Flaoooy  34),  but  at  the  time  at  which  Gains 
wrote  it  was  obsolete  (L  111).  Originally,  tso, 
hereditates  were  regarded  as  aoquirahlt  bj 
usucapio  (Gaius,  iL  54),  so  that  even  the  fiseri 
passed  to  the  person  who  became  entitled  to 
them  in  this  manner  (Cic.  dt  Leqg.  ii.  19  sj. ; 
proFUuco^  34;  odAU.  L  5),  but  in  the  esriy 
dap  of  the  £mpire  this  doctrine  begsa  to  be 
questioned,  and  by  the  time  of  Gaius  (foe  ciL) 
it  was  settled  that  though  res  hereditariae  ooaH 
still  be  thus  acquired,  the  ^^nniverntas"  csold 
not. 

The  rules  as  to  acquisition  by  lapse  of  thne 
which  were  established  through  the  Edict 
originated  partly  perhaps  in  the  inc^Mdtyof 
peregrini  to  gain  a  title  to  property  by  the  dvil 
law  usucapio  (though  this  is  more  a  matter  of 
inference  than  of  positive  knowledge :  see  Pachta, 
InktitvktMMeiiy  §  240,  note  6),  and  partly  ako  in 
the  exemption  of  provincial  soil  from  its  opert- 
tion.  A  person  who  had  acquired  a  boai-fidc 
possession  of  land  by  a  Justus  titalu,  sad 
retained  it  continuously  for  ten  yean  (or  tweotf 
if  the  alleged  owner  resided  in  a  diftmt  {VO' 
vince),  was  enabled  by  the  edict  of  the  governor 
to  plotd  in  defence  to  an  action  brought  agsinei 
him  by  such  owner  for  its  recovery  the  leogth 
of  his  possession  (praescriptio  or  exceptio  loogi 
temporia:  see  Prabbcriftio),  and  on  proof  of 
his  plea  the  plaintiff  would  hare  judgment  gives 
asainst  him  (Paul.  iSnU. rsc  v.  2, 3, 4;  v.  5a, 8). 
The  positive  enactments  excluding  certain  thisgi 
from  this  mode  of  acquisition  on  aecoant  of  s 
vitium  (e.^.y  res  furtivae  and  in  possestie)  wen 
as  a  rule  applied  here  as  well  as  in  usucspo: 
but  accessio  temporia  was  generally  alloind 
where  the  possession  had  b«en  derived  fno 
another  person  by  a  genuine  anooession  of  title 
(tf.^.  between  donor  and  donee,  testator  sad 
legatee,  &e.X  which  in  usncapdo  we  have  sees 
was  not  the  case.  At  first  Praescriptio  loogi 
temporis  operated  only  as  a  rule  of  UmitstioB, 
not  making  the  poesesaor  owner,  but  mcrelj 
enabling  him  to  repel  the  action  of  an  ovBff 
who  had  been  for  a  certain  period  out  of  poaiB- 
sion ;  but  it  would  seem  that  in  oonrss  ef  time 
it  acquired  the  operation  of  nsneapio,  a  dsa 
who  had  possessed  provincial  land  for  the  tine 
required  by  the  edict  being  able  to  bring  a  rsI 
edict  for  its  recovery  if  he  lost  possession:  ^Si 
quis  emptionis  Tel  donationis  vel  alterius  cijai* 
cunque  contractus  titulo  rem  aliquam  hens  fide 
per  decem  vel  viginti  annos  possederit . . .  poites- 
que  fortuito  casa  possessionem  qui  lei  peroiderit, 
poese  eum  etiam  actionem  ad  vindicaadsm  rem 
eandem  habere  sancimus,  hoc  entsi  s<  ^^"'^^ 
leges,  si  quis  eas  recte  •nneaccril,  smeiAeai'' 
(Cod.  7,  39,  8,  pr. :  cf.  Dig.  12,  2,  Id,  1)- 
Praescriptio  also  became  a  title  to  scrritndet  ca 
Italian  no  less  than  provincial  soil  (Dig.  6i  ^ 
10,  pr.),  and  probably  also  (for  peregrini)  ts  r» 
mobiles  all  over  the  Empire  (^  rescr^>tis  qv- 
busdam  Divi  Magni  Antonini  cavetar,  vt  is 
rebus  mobUibiu  locus  sit  praeacripflioni  diatiins 


U8UCAPI0 


USURPATIO 


987 


poiwssioiiu,'*  Dig.  44,  3,  9) :  indeed,  oonsideriiig 
ita  sdvanUges  oyer  nsucapio  in  reepect  of 
acoeisio  temporis  and  in  iome  other  points  (Dig. 
41,  8,  44,  5 ;  20,  1,  1,  2;  44,  S,  5,  1 ;  i&.  12; 
— Cod.  4,  10,  14 ;  7,  36),  it  was  perhaps  some- 
times relied  upon  as  m  title  to  soil  in  Italy. 
Indeed,  the  new  rules  seem  to  have  entirely 
superseded  those  of  nsncapio  in  the  Empire  of 
the  Visigoths,  whose  Lex  Romana  contains,  in 
the  Sentences  of  Paulus,  a  title  ''de  Usncapione" 
(▼.  2\  the  contents  of  which  howerer  relate 
entirely  to  longi  temporis  praescriptio  or  pos- 
sassio.  In  the  Eastern  empire  the  two  bodies  of 
law  snbsisted  side  by  side  up  to  the  time  of 
Justinian ;  the  acquisition  of  land  being  for  the 
most  part  goyemed  by  rules  of  Praescriptio  (for, 
with  the  exception  of  the  few  towns  which  had 
as  a  foyour  receiyed  a  grant  of  jus  Italicum,  the 
whole  of  its  soil  was  pr<minciah)f  and  that  of  res 
mobiles  by  those  of  the  old  usucapio. 

Justinian  himself  completely  reformed  the 
law  on  this  subject.  In  A.D.  528  he  issaed 
m  constitution  definitely  establishing  the  effect 
of  longi  temporis  praescriptio  as  a  mode  of  ao- 
qniring  dominium,  m  point  which  seems  hitherto 
not  to  haye  beoi  clearly  settled  (Cod.  7,  39, 
8,  pr.,  dted  aboye),  and  three  years  later  he 
abolished  the  old  two  years'  usucapio  for  land, 
and  with  it  the  distinction  between  solum  Itali- 
cum and  solum  proyinciale,  enacting  that  the 
latter  no  less  than  the  former  should  be  acquir* 
able  in  absolute  ownership  by  a  possession  of  ten 
years  if  both  the  parties  were  domiciled  in  the 
same,  twenty  if  in  different  proyinces  (Cod.  7, 81). 
He  further  substituted  for  the  old  usucapio  of 
one  year  for  res  mobiles  one  of  three  years,  as- 
similated the  rules  both  as  to  moyables  and  im- 
moyables  in  respect  of  titulus,  bona  fides,  and 
the  Icinds  of  things  which  could  not  be  acquired 
in  this  manner,  and  allowed  accessio  temporis 
to  the  fullest  extent  in  which  it  had  been  recog- 
nised by  the  praetorian  law.  The  term  ^  usu- 
capio "  is  in  his  legislation  confined  to  the  acqui- 
sition of  res  mobiles,  while  that  of  land  is  yery 
uniformly  described  by  the  terms  **  longo  tem- 
pore capio,"  **  longa  possessione  capio,"  *^  diutina 
possessione  capio,"  *Mongi  temporis  possessio" 


or  *' praescriptio,"  though  sometimes  the  two 
are  combined  (€.g,  Inst.  ii.  6,  pr. :  '*  immobiles . . . 
per  longi  temporis  possessionem ...  nsucapian- 
tur*> 

Finally  by  Cod.  7,  89,  8,  pr.  and  1,  Justinian 
introduced  a  new  species  of  Prescription,  usually 
termed  *Mongissimi  temporis  praescriptio"  or 
''usucapio  extraordinaria,"  and  based  upon 
Theodosius  II.'s  thirty  or  forty  years'  limitation 
of  actions  [pRAsacRipno],  according  to  which  a 
person  who  could  successfully  meet  a  real  action 
brought  against  him  by  another  for  the  recoyery 
of  property,  moyable  or  immoyable,  by  the  plea 
of  thirty  years'  possession,  was  empowered,  if 
his  own  possession  had  commenced  in  good  faith, 
to  himself  bring  a  yindicatio  against  third  per- 
sons :  in  other  words,  he  was  under  such  circum- 
stances recognised  as  owner.  As  in  the  ordinary 
usucapio  or  praescriptio,  accessio  temporis  was 
allowed  to  the  fullest  extent  where  there  had 
been  a  succession  in  title  between  two  possessors : 
but  here  there  was  no  requirement  of  Justus 
titulus ;  and  though  res  extra  commercium  could 
not  be  thus  acquired,  all  other  things  excepted 
ttoOL  the  ordinary  usucapion  or  prescription  were 


subject  to  acquisition  in  this  longer  period  except 
property  of  pupilli,  res  dotales,  and  peculinm 
adyentitium  regulare.  The  foundation  of  this 
new  institution  on  Theodosius'  limitation  of 
actions  appears  in  the  rule,  that  in  those  oases 
where  the  period  of  limitation  was  forty  years 
(t>.  where  the  property  belonged  to  the  church, 
a  charitable  foundation,  the  Fiscus,  emperor  or 
empress)  the  prescription  must  be  of  tne  same 
duration:  and  that  where  time  could  not  be 
counted  for  purposes  of  limitation,  it  could  not 
be  reckoned  for  purposes  of  prescription  either : 
e^.  the  period  during  which  the  original  owner 
was  impubes  could  not  be  considered. 

(Qaius,  ti.  41-61 ;  ITIpian,  Jieg.  xix.  8 ;  Paul. 
Sent.  no.  y.  2 ;  Inst.  u.  6 ;— Dig.  41,  3-11 ;  44, 
3 ;— Cod.  Theod.  4,  13 ;— Cod.  7,  26-31 ;  33-37. 
For  discussions  as  to  the  original  purpose  of 
usucapio,  reference  may  be  made  to  Engelbach, 
U^ber  die  Usucapion  Mur  Zeit  der  Zwdlf  Taf^n^ 
Marburg,  1828,  and  Schirmer,  Qnmdtidee  dtr 
Utueapifmf  1855.  For  the  subject  in  general, 
see  Puchta,  IiutihUionen,  {{  239,  240;  Baron, 
PatMtten,  f§  144-147;  Vangerow,  ZehfUich 
der  PamdikUfn^jyi  314-325 ;  and  in  particular 
Unterholaner,  YerjShrungtiekn^  2nd  edit.,  1858. 
For  titulus,  Stintsing,  Da»  Wtdtn  der  hoia  fides 
und  tUuhu  inderrOmiaohen  UetwcgMonslekre^  1853 ; 
Mayer,  Big  jneta  oau$a  bei  Ihuiition  und  ITsuoo- 
pion^  1871.  For  bona  fides,  MsUentheil,  Ueber 
die  Natur  dee  guten  Olaubene  bei  der  VerjShryngf 
1820,  and  Wikhter,  Die  bona  fides  insbesondere 
bei  der  ErsiiMmig  des  EigenthwnSy  1871.) 

[J.  B.  M.] 

U8UBPATI0  and  the  yerb  from  which  it  is 
formed  haye  a  yariety  of  meanings  in  the  Roman 
legal  writings.  The  yerb  denotes:  (1)  Simply 
'*to  make  use  of:"  e.g,  **n  judicium  defnncti 
non  usurpabitur,  sed  ad  irritum  yocatum  est, 
petitio  relictorum  nnllo  jure  procedit "  (Cod.  6, 
39,  2>  (2)  «To  wrong&Uy  exercise  an  alleged 
but  non-existent  right "  (**  per  yim  atque  usurpa- 
tionem  yindicare,"  Cod.  1,  4,  6 ;  of.  Cod.  1,  6, 1 : 
<<  usurpare  illicitum  Collegium,"  Dig.  47,  22,  2 : 
*«curam,"  Cod.  1,  30,  3:  "honorem,"  Dig.  50, 
4,  7,  1 :  «<nomen  tutoris,"  Cod.  5,  6,  8>  (3) 
*'  To  appropriate  to  oneself,"  as  in  the  common 
English  sense  of  the  word  (Dig.  4,  6,  40, 1 ;  10, 
1,  8,  pr. ;  50, 8, 2, 1).  (4)  *<  To  preserye  a  right 
of  seryitude  by  its  exercise,"  as  opposed  to  *'  non 
utendo  deperdere  "  (Dig.  8,  6, 6, 1).  (5)  The  in- 
terruption of  usucapio  (Dig.  41,  3,  2 ;  41,  6,  5). 
Appias  Claudius  Caecus,  who  constructed  the 
Via  Appia  and  brought  the  Aqua  Claudia  to 
Rome,  wrote  a  book  De  Usurpatumibus,  which 
was  not  extant  in  the  time  of  Pomponios  (Dig. 
1,  2,  36> 

Usurpatio  in  this  last  sense  most  commonly 
occurred  from  loss  of  possession,  and  eyen  if  it 
were  subsequently  regained  the  whole  period  of 
usucapio  had  to  commence  df  novo  and  run  again. 
Before  Justinian  litis  oontestatio  (to  the  article 
on  which  reference  may  be  made)  in  an  action 
brought  by  the  owner  against  the  possessor  for 
the  recoyery  of  the  property  interrupted  longi 
temporis  praescriptio  (Cod.  3,  19,  2 ;  3,  32,  26)^ 
but  not  usucapio  (Dig.  6,  1,  18,  20,  21 ;  41,  4^ 
21, 1),  and  this  distinction  was  retained,  appa- 
rently by  an  oyersight,  in  his  compilations, 
though  it  was  not  of  much  importance  because, 
if  the  defendant  lost  the  action,  he  still  had  to 
giye  np  the  property  to  the  plaintiff,  notwith- 


988 


USUSFBUCTUS 


U8USFRU0TUS 


standing  the  completion  of  osncapio  daring  its 
pendency  ("usucapio  frustra  complebitur  anti- 
cipata  liie^**  fragm.  Vat.  12:  cf.  Dig.  41,  4,  2, 
21 ;  6, 1,  18).  Interruption  also  ensued  from  a 
judicial  protest  addressed  by  the  owner  to  the 
poBsoBsorf  if  the  latter  was  a  person  whom  for 
some  reason  or  other  he  was  disabled  from  suing 
(Cod.  7,  40,  2),  and  possibly  also  from  the 
owner's  being  taken  captive  in  war  (Dig.  41,  3, 
15,  pr.;  i&.  44,  7 ;  49,  15,  12,  2;  i&.  22,  3;  ib, 
29).  As  to  the  passage  in  Gellius  (iii.  2)  and 
Macrob.  Saturn,  (i.  3)  relating  to  the  non-estab- 
lishment of  manus  per  usum  by  absence  of  the 
wife  per  trinoctium,  see  Savigny,  System,  &c., 
iy.  365 ;  Puchta,  Institutionen,  §  199,  note  y. 

A  suspension  of  usucapio,  as  distinct  from  its 
interruption,  enabled  the  possessor  to  reckon  the 
period  of  his  possession  before  it  took  place: 
this  occurred  when  the  property  over  which  the 
right  was  being  prescriptively  established  be- 
came vested  in  an  owner  privileged  in  respect  of 
usucapio  (e.g.  the  Fiscns,  emperor,  charitable 
foundations,  &c.),  and  when  the  owner  was  pre- 
vented by  grounds  of  law  from  bringing  his  real 
action  for  its  recovery  (e.g,  in  the  interval 
allowed  to  the  heir  under  Justinian's  legislation 
for  preparing  an  inventory  of  the  deceased's  pro- 
perty. Cod.  6,  30,  22.  11).  [J.  B.  M.] 

USUSFBUCTUS  and  USUS  were  two  of 
the  personal  servitudes  of  Roman  law  (Dig.  8, 
1, 1) :  for  the  nature  of  the  distinction  between 
them  and  praedial  servitudes,  see  Sebvitutes. 

Ususfractus  is  defined  as  <'jus  alienis  rebus 
ntendi  fruendi  salva  rerum  substantia  "  (Dig.  7, 
1,  1 ;  Inst.  ii.  4,  pr.) ;  it  is  the  '*  real "  right  of 
using  and  taking  the  fruits  of  property,  movable 
(including  slaves)  as  well  as  immovable,  the  use 
of  which  does  not  diminish  its  substance :  **  est 
enim  jus  in  corpore,  quo  sublato  et  ipsum  tolli 
necesse  est "  (Inst.  ib. ;  Dig.  ib.  2 :  cf.  Cic  Top.  3, 
''usus  enim,  rum  abusua  legatus  est").  The 
person  entitled  is  called  usufructuarius  or  fruC' 
tvariua  (Dig.  7,  8,  14,  1-3);  the  owner  of  the 
property  subject  to  the  right,  proprietarius  or 
dominus  proprietatia  (Inst.  ii.  4,  3);  and  his 
ownership,  so  long  as  the  usufruct  subsists,  nuda 
proprietas  (Inst.  ib.  1).  Unless  otherwise  pro- 
vided by  the  disposition  in  which  it  originated, 
a  usufruct  endured  for  the  lifetime  of  the  person 
entitled  and  no  longer  (Inst.  iL  4,  3 ;  Dig.  45,  1, 
38, 12) :  if  vested  in  a  juristic  pei-son,  it  could 
not  last  beyond  a  hundred  years  except  by 
express  provision  (Dig.  7,  1,  56). 

The  things  over  which  usufruct  could  exist 
were  properly  only  tangible  objects  of  property, 
in  the  use  of  which  lies  the  true  and  essential 
notion  of  a  servitude :  the  right  of  taking  fruits 
was  probably  a  later  extension.  Hence  the 
Romans  did  not  recognise  a  fructus  sine  usu 
(Paul.  Sent,  rec.  iii.  6,  24 ;  Dig.  7,  8,  14,  1) ;  and 
if  a  right  ((f.g.)  to  take  the  annual  fruits  of  an 
estate  were  given,  it  was  construed  either  as  a 
usufruct  (which  was  usual  in  cases  of  bequest : 
Dig.  7,  1,  20),'or  as  a  mere  right  in  personam 
and  not  a  servitude  at  all. . 

Unless  his  rights  were  otherwise  limited  in 
the  disposition  by  which  they  were  created,  the 
usufructuary  was  entitled  to  the  detention  or 
^natural"  possession  of  the  property  (Dig. 
41,  2,  12,  pr. ;  43,  17,  4;— Gains,  ii.  93;  Inst, 
ii.  9,  4):  to  make  any  lawful  use  of  it  he 
pleased  (Dig.  7,  1,  12,  1;  ib,  15,  4;  i&.  23,  1, 


&c.\  and  to  take  its  fruits,  whether  naiura], 
industrial,  or  what  are  termed  fntctus  dviUsj 
e.g.  money  made  by  letting  out  a  thing  on 
hire  (Dig.  tb.  7,  pr.  and  1;  ib.  9,  pr.;   ib.  15, 
&c).     His  title  to  natural  fruits  was  peroeptio, 
actual  taking  of  possession  (Inst.  ii.  1,  36) ;  bat 
though  in  the  case  of  land,  for  instancr,  he  was 
entitled  to  collect  and  keep  for  himself  all  the 
fruits  which  were  already  on  it,  and  all  that 
were  produced  during  the  time  of  his  enjoymenty 
he  h»l  no  right  to  those  which  existed  on  the 
land  when  his  interest  terminated  unless  he  had 
taken  possession  of  thenu    Nor  had  he  rights  of 
any  kind  over  accessions  of  the  principal  object 
(e.g,  the  issue  of  an  ancilla,  Inst.  ii.  1,  37  ;  Dig. 
7,  1,  68,  pr. ;  or  "  insula  in  flumine  nata,**  Dig. 
ib.  9,  4),  unless  they  were  immediately  boand  op 
with  so  as  to  form  an  integral  part  of  it  (e^g. 
alluvio),  in  which  case  the  accession  also  was 
subject  to  the  usufruct.     He  might  also  ezerdae 
all   rights  annexed   to  the  property,  snch  as 
praedial  servitudes.      But  all  these  rights  are 
qualified    by  the    words    "salva    remm    aub- 
stantia : "  they  must  not  be  exerdsed  so  as  to 
injure  the  reversionary  interest  of  the  dominus, 
so  that  he  may  not  deal  with  the  res  fractnaria 
otherwise  than  as  a  **  bonus  paterfamilias  **  (Inst, 
ii.  1,  38) :  rather  he  must  act  as  careiiillj  and 
economically  as  though  he  were    himself  its 
owner,  "  boni  viri  arbitratu  **  (Dig.  7,  1,  9,  pr. ; 
7,  9,  1,  pr.) :  **  causam  proprietatis  deteriorem 
facere  non  debet."    His  duties  in  this  respect 
seem  to  be  of  two  kinds:   firstly,  not  to  pat 
the  thing  to  other  or  at  any  rate  inferior  uses 
than  has  been  customary  (e.g.  to  employ  a  alave 
in  work  of  mere  drudgery  who  has  been  engaged 
btfore  in  artistic  or  literary  occupations:  I^g. 
7,  1,  15,  1);  and  secondly,  not  to  change  its 
character,  even  though  it  might  thus  be  improved 
or  made  more  valuable ;  e.g,  he  may  not  convcit 
a  pleasure  into  a  fruit  garden  (Dig.  ib.  13,  4X 
build  on  land  save  so  &r  as  is  necessary  for 
storage  of  its  fruits  (ib.  13,  6X  or  rase  buildings 
already  standing.      As    regards  acts  of  waste, 
as  they  would  be  termed   in   English  law,  it 
would  seem  that  in  the  absence  of  provision  to 
the   contrary  he  might,  at  any  rate,   dig   for 
minerals,  but  only  if  the  estate  subject  to  his 
right  was  of  considerable  extent  (Dig.  A.  9,  3 ; 
ib,  13,  5):    upon  this  subject  see   Vangerow, 
Lehrbuch  der  Pandekteriy  §  344,  notes  1  and  2. 
These  common  law  rights  of  the  usufructoary 
might,  however,  be  curtailed  by  the  disposition 
by  which  they  were  created,  or  even,  it  would 
seem,  by  subsequent    agreement   between   the 
parties,  in  respect  both  of  the  usus  and   the 
fructus,  or  of  either :  e,g.  he  might  be  allowed 
to  take  certain  kinds  of  fructus  only,  or  a  right 
which   ordinarily  is  praedial  (such  as    aquae 
haustus)  might   be  conferred  on  one  man   by 
another  as  a  personal  servitude  (Dig.  34,  I^ 
14,  3). 

A  usufruct  might  be  released  to  the  owner  of 
the  property,  in  Gains'  time  (ii.  30)  by  m  jwre 
cessio  [JUBE  Cbssio],  in  Justinian's  by  any  act 
conclusive  of  the  intention  to  surrender  (Inst.  iL 
4,  3):  but  it  could  not  be  alienated  bj  the 
usufructuary  to  a  third  person  (Qaius  and  Inst. 
/.  c. ;— Dig.  23, 3, 66  ;  10, 2, 15),  though  he  might 
assign  the  exercise  or  enjoyment  of  it  (even  by 
way  of  pledge  or  mortgage),  the  actnid  right 
remaining  in  himself  (Dig.  7y  1,   12,  S ;   i& 


USUSFBUCTU8 


U8US 


989 


38-40).  The  effect  of  an  attempt  to  transfer  it 
abflolntely  to  a  third  person  was  in  Gains'  time 
disputed :  he  himftelf  (ii.  30)  says  that  it  was 
nngatorj,  while  Poroponins,  his  contemporarj, 
affirms  (Dig.  23,  3,  66)  that  it  caused  a  for- 
feiture to  toe  dominns :  of  these  two  yiews  the 
first  was  adopted  hj  Justinian,  who  reproduces 
it  in  the  Institutes  (ii.  4,  3). 

Subject  and  without  prejudice  to  the  usu- 
fructuary's rights,  the  owner  of  the  property 
might  deal  with  it  as  he  pleased  (Dig.  7, 1, 7, 1 ; 
ib.  13,  7,  &c.),  e.g,  alienate  or  pledge  it  (Cod.  8, 
33,  2) :  but  he  could  not  eren  with  the  other's 
consent  create  any  servitudes  oyer  it  which 
-would  injuriously  affect  the  latter's  rights  (Dig. 
7, 1,  15,  7)  or  surrender  sei'ritudes  existing  in 
its  favour. 

The  usufructuary  was  bound  to  indemnify  the 
owner  for  any  loss  occasioned  by  his  dealing 
vrith  the  property  in  excess  of  his  legal  rights 
(Inst.  ii.  1,  38 ;  Dig.  7, 1,  9,  pr.  and  2  ;  ib.  65, 
pr.):  to  see  that  no  servitudes  appurtenant  to 
it  were  extinguished  by  non-user  (Dig.  ib.  15, 
7) :  to  keep  buildings  in  ordinary  repair  («6.  7, 
2)  and  land  in  proper  cultivation  and  tenantable 
condition  (Inst.  iL  1,  38):  to  maintain  the 
numbers  of  flocks  and  herds  bv  replacing  cattle, 
&c.  which  died  (ibJ) :  to  pay  all  rates,  taxes,  &c. 
charged  on  the  property  itself  (Dig.  7,  1,  7,  2 ; 
t&.  27,  3),  and  when  his  interest  determined  to 
restore  it  to  the  person  entitled  along  with  all 
accessions  (Dig.  7,  9,  1,  pr. ;  «&.  9,  3).  To 
sectire  the  performance  of  these  duties  he  must 
enter  into  a  cautio  usufructuaria  [Cautio], 
supported  by  sureties,  with  the  owner;  a 
practice  originally  introduced  where  the  usu- 
fruct was  created  by  bequest,  but  subsequently 
extended  to  nearly  all  cases  (Dig.  7, 1, 13,  pr. ; 
Cod.  3,  33,  4);  and  until  this  was  done  the 
owner  might  either  refuse  to  let  him  have  the 
enjoyment  of  the  property,  or  bring  an  action  to 
compel  him  to  give  the  requisite  security  (Dig. 
ho.  ciL:  7,  9,  7,  pr.):  and  though  this  obli- 
gation might  be  surrendered  by  the  owner, 
where  the  usufruct  was  based  on  contract,  if  a 
testator  bequeathed  such  a  right  to  another 
person,  and  by  his  will  released  him  from  the 
cautio,  the  release  was  taken  pro  non  scripto 
(Dig.  36,  4,  6,  pr, ;  Cod.  6,  54,  7).  For  the 
legal  remedies  (actions  and  interdicts)  by  which 
the  usufructuary  and  usuary  could  enforce  their 
rights,  reference  should  be  made  to  the  article 
on  Sebyitutes. 

The  modes  in  which  ususfructus  and  usus 
were  created  were  the  same  in  general  as  for  all 
servitudes,  and  for  these  the  reader  may  be 
referred  to  the  same  article.  The  commonest 
was  testamentary  disposition,  the  right  being 
either  bequeathed  directly,  or  the  heir  being 
directed  to  constitute  it  in  favour  of  the  legatee: 
^  ususfructus  uniuscujusque  rei  legari  potest, 
et  aut  ipso  jure  constituetur  aut  per  heredem 
praestabitur :  ex  causa  daronationis  [Lboatum] 
per  heredem  praestabitur,  ipso  jure  per  vindica- 
tionem  "  (Paul.  Sent.  rec.  iii.  6,  17).  In  certain 
cases  usufruct  arose  ipso  jure  in  virtue  of 
statutory  enactment  (Ux)^  €jg,  the  pater's 
usufruct  in  the  peculium  adventitium  of  his  son 
in  power  (Inst.  ii.  9,  1 ;— Dig.  8,  6,  5 ;  8,  5, 1, 
ftc.).  Similarly,  these  rights  were  extinguished 
In  the  ways  common  to  all  servitudes. 

The  inconvenience  of  the   rule   which,  on 


grounds  of  both  natural  and  civil  law  (Inst.  ii. 
4,  2),  excluded  from  usufruct  things  *'  quae  usu 
tolluntur  vel  roinuuntur"  (such  as  money, 
provisions,  and  clothes),  led  to  the  enactment  of 
a  senatusoonsultum  which  legalised  bequests  of 
usufruct  over  such  kinds  of  property,  the  legatee 
being  entitled  to  enjoy  them  on  giving  security 
to  the  heir  that  on  his  death  or  capitis  deroi- 
nutio  he  would  return  him  things  of  a  similar 
quantity  or  quality,  or  pay  him  their  estimated 
value  (Inst.  ii.  4,  2 ;  Dig.  7,  5,  1).  As  Justinian 
says,  the  senate  did  not  introduce  a  genuine 
usufruct  in  such  things,  for  that  was  impossible^ 
"sed  per  cautionem  quasi  usumfructum  con- 
stituit."  The  date  of  the  senatusoonsultum  is 
not  precisely  known,  but  it  is  supposed  to  lie 
between  Cicero  (on  account  of  Top,  3 :  **  Non 
debet  ea  mulier,  cui  vir  bonorum  suorum  usum- 
fructum legavit,  cellis  vinariis  et  oleariis  plenis 
relictis,  putare  id  ad  se  pertinere;  usus  enim, 
non  abuBus  legatus  est ")  and  the  enactment  of 
the  Lex  Papia  Poppaea  (a.d.  9),  which  often 
speaks  of  usufruct  over  part  of  a  whole 
property.  The  difference  between  the  new 
right  and  usufruct  proper  lies  in  the  fact  that 
the  person  entitled  became  owner  of  the 
property  in  question  (''  ita  dator  ut  ejus  fiat," 
Inst.  ii.  4,  2),  so  that  the  notion  of  a  jus  in 
re  aliena  is  entirely  absent :  he  may  consume  it 
entirely,  and  so  has  not  to  return  it  in  specie. 
The  main  purpose  of  the  innovation  was  doubt- 
less to  enable  testators  to  bequeath  a  general 
usufruct  over  the  whole  of  their  property  (Dig. 
33,  2,  24,  pr. ;  Cod.  3,  33,  1),  but  such  rights 
were  also  constituted  over  nomina  or  **  choses  in 
action,"  whereby  the  person  to  whom  they  were 
given  became  entitled  to  call  in  the  debt,  or  to 
take  the  interest  payable  on  it  (Dig.  7,  8,  2,  1 ; 
t&.  4):  if  it  was  the  debtor  himself,  he  was 
released  from  the  obligation  to  pay  interest, 
though  he  must  give  security  for  the  discharge 
of  the  debt  at  the  proper  time  (Dig.  7,  8,  12, 
pr.  and  1).  Whether  clothes  could  be  the 
subject  of  a  true  usufruct  seems  to  have  been 
doubtful :  Dig.  7,  1,  15,  4;  7,  9,  9,  3,  is  for  the 
affirmative :  Inst.  iL  4,  2,  for  the  negative. 

[J.  B.  M.] 
USUS  is  defined  (Dig.  7,  8,  2)  by  the  nega- 
tion of  /rut:  **cui  usus  relictus  est,  uti  potest, 
frui  non  potest."  But  the  right  of  mere  user 
was  not  strictly  confined  to  the  personal  needs 
of  the  usuary,  e,g,  the  person  who  had  a  usus  of 
a  house  was  entitled  to  lodge  there  his  funily, 
slaves,  servants,  and  freedmen,  and  apparently 
even  a  guest,  though  this  had  been  doubted 
(Inst.  ii.  5,  2;  Dig.  7,  8,  2,  1 ;  i&.  3;  ib,  4,  1): 
but  anything  which  came  under  the  notion  of 
frudiis  was  as  a  rule  denied  him,  so  that  he 
could  not  let  the  res  usuaria  out,  or  transfer  the 
exercise  of  his  right  to  a  third  person  even 
gratuitously  (Inst.  ii.  5,  1 ;  Dig.  7,  8,  11).  The 
contrast  between  usus  and  ususfructus  is  very 
characteristically  marked  in  connexion  with 
acquisition  through  slaves :  '^  de  iis  autem  servis, 
in  quibus  tantum  usumfructum  habemus,  ita 
placuit,  ut  quidquid  ex  re  nostra  vel  ex  operis 
suis  acquirant,  id  nobis  acquiratur  "  (Inst.  ii.  9» 
4).  **  Per  servum  usuarium  si  stipuler  vel  per 
traditionem  accipiam,  an  acquiram,  quaeritoTy 
si  ex  re  mea  vel  ex  operis  ejus.  Et  si  quidem  ex 
operis  ejus,  non  valebit,  quoniam  nee  locare 
operas  ejus  possumus :  sed  ai  ex  re  mea,  didmus, 


990 


UTEKINI 


Berrum  usiiariam  stipulantem  Tel  per  tra- 
ditionem  accipientem  mihi  aoquirere,  quum  hao 
open  ejus  utar  **  (Dig.  7,  8, 14,  pr.). 

But  in  certain  cases,  especially  where  the 
nsns  was  bequeathed  by  will  (on  the  principle 
'Mn  testamentis  plenius  Tolnntates  testantium 
interpretamur,"  Dig.  50,  17,  12),  the  uti  com- 
prised or  was  interpreted  as  frui :  tIz.  (1)  Where 
the  sole  ntility  of  the  property  was  in  its  frnits, 
as  in  a  usns  silrae  (Dig.  7,  8,  22),  or  pecuniae 
(Dig.  f6.  5,  2 ;  •&.  10).  (2)  Where  the  nsuary 
cannot  "  use  "  the  property  at  all,  or  can  use  it 
only  in  party  so  that  from  the  other  part  he 
would  derire  no  benefit :  e.g,  where  the  usus  is 
over  land  with  a  house,  he  may  lire  in  the 
house,  and  take  from  the  fruits  of  the  land  so 
much  as  he  requires  for  the  daily  wants  of  himself, 
his  family,  and  dependents  (Inst.  iL  5,  1 ;  Dig. 
7,  8, 12,  pr.  and  1 ;  ib,  15) ;  or  where  it  is  orer 
a  house  too  large  for  his  j)ersonal  needs,  he  may 
let  the  port  wUch  he  does  not  want  for  himself 
(Dig.  7,  8,  2, 1 ;  ib,  4).  The  usuary  was  subject 
to  substantially  the  same  duties  as  the  usu- 
fructuary, and  for  securing  the  performance  of 
these  he  had  to  enter  into  a  cautio  usuaria 
(Dig.  7,  9,  5,  1 ;  t&.  11):  he  also  had  to  bear 
the  costs  of  repairs  and  to  pay  the  taxes  if  the 
property  produced  no  fruits  for  the  owner: 
otherwise  these  charges  fell  on  the  latter.  If 
the  right  to  fructus  was  vested  separately 
from  the  usus  in  a  third  person,  the  latter 
(or  otherwise  the  owner)  could  demand  access, 
&c.  to  the  things  for  the  purpose  of  taking  them 
(Inst.  U.  5,  1 ;  Dig.  7,  8,  10,  4;  f6.  11,  12,  pr., 
&c). 

(Inst.  iL  4  and  5 ;  Gaius,  ii.  80-83 ;  Paul. 
Sent,  rec.  iii.  6,  17-33 ;  Fragm,  Vat.  41-93 ; 
Dig.  7,  1  9qq.\  33,  2 ;— Cod.  3,  33;  Pellat, 
Sw  la  PrcpriitS  et  sur  tUtufruit,  1853 ;  Kohn- 
feldt,  IHe  sogenanrUe  irreguldren  Servitvten  nach 
rotniachen  JSechte,  1862;  Burkel,  BeitrSge  zvr 
Zehre  vom  JVitfss&mucA,  1864;  Roby,  Introduo- 
tion  to  the  Digest:  text  and  commentary  on 
Dig.  7, 1  (1884).  On  quasi-usufruct,  see  Held, 
DieLehre  vom  Uitus/ructus  earum  rerum  quaeutu 
conswmmtur  vel  tninuuntur,  1848;  and  Puchta, 
IMter  das  Alter  dee  Qvasiususfructua,  Rhein. 
Museum  fur  Jurisprudenz,  ycH,  iii.  p.  82 ;  and 
on  usus,  Beckmann,  Ueberden  Ihhait  und  Um/ang 
der  Fersonalservitut  dee  Usus  nach  romischen 
Bechte,  1861.)  [J.  B.  M.] 

UTBB'INI.    rCoGNATi.] 

UTI  POSSroETIS.    [iNTERDicruii.] 

UTRE8.    [ViNUM,  p.  965  6.] 

UXO'BIUM.    [Aes  UxoBiUM.] 


XENA'GI  ({dwyoQ.  The  Spartans,  as  being 
the  head  of  that  Peloponnesian  and  Dorian  league 
which  was  formed  to  secure  the  independence  of 
the  Greek  states,  had  the  sole  command  of  the 
confederate  troops  in  time  of  war,  provided  that 
the  league  did  not  disapprove  of  the  war  (see 
Herod,  v.  75;  Gilbert.  Or.  Staatsaltl  96,  note); 
they  ordered  the  quotas  which  each  state  was  to 
furnish,  and  appointed  officers  of  their  own  to 
command  them.  Such  officers  were  called 
^wayoi.  The  generals  whom  the  allies  sent 
with  their  troops  (JipxovrtSf  ffrparriyol)  were 


XENELA8IA 

subordinate  to  these  Spartan  (ci«yo£,  thongli 
they  attended  the  council  of  war,  as  repre- 
sentatives of  their  respective  countries  (Thncrd. 
ii.  7,  10,  75;  T.  54;  vii.  18;— Xenoph.  JBW. 
iii.  5, 1  7 ;  AgesU,  iL  10).  After  the  peace  of 
Antalcidas,  the  league  was  still  more  fimUy 
established,  though  Argos  refused  to  jom  it; 
and  the  Spartans  were  rigorous  in  exacting  the 
required  military  service,  demanding  levies  bj 
the  ffmniktif  and  sending  out  {enryol  to  ooUect 
them :  in  case  of  desertion  they  could  fine  the 
state  1  stater  a  day  for  each  man  who  was  due. 
(ICenoph.  ffeO.  v.  2,  §§  7,  22,  37;  vi.  3,  §  7;— 
Wachsmuth,  ffelL  Alterth.  vol.  L  pt.  iL  pp.  114, 
241,  1st  ed. ;  SchOmann,  AinL  Jwr.  Fmh.  Or, 
p.  426;  Gilbert,  Gr.  Staatsalterth.  L  95  £; 
Thumser,  Gr.  StaatsaUerth.  I  214.) 

[C.  R.K.]    [G.  KM.] 
XENELA'SIA  Qewnhaatay.     The  Lacedae- 
monians appear  in  very  early  times,  before  the 
legislation  of  Lycurgus,  to  have  been  avene  to 
intercourse  with  foreigners  (j^ipotai  Asp^oyucTM, 
Herod.  L  65).     This  disposition  was  encouraged 
by  the  lawgiver,  who  made  an  ordinance  for- 
bidding strangers  to  reside  at  Sparta,  without 
special  permission,  and  empowering  the  magis- 
trate to  expel  from  the  city  any  stranger  who 
misconducteid   himself,  or  set  an  example  in- 
jurious to  public  morals  (cf.  Herod.  iiL  148)l 
Such  jurisdiction  was  exercised  by  the  Ephori. 
Thucydides  (iL  39)  makes  Pericles  reproacA  the 
Lacedaemonians  with  this  practice,  as  if  its  ob- 
ject were  to  prevent  foreigners  from  becoming 
acquainted  with  such  institutions  and  means  of 
defence  as  would  be  dangerous  for  an  enemy  to 
know.    The  intention  of  Lycurgus,  more  proba- 
bly, was  to  preserve  the  national  character  of 
his  countrymen,  and  prevent  their  being  cor- 
rupted by  foreign  manners  and  vices  (as  Xenophoa 
says),  Sfwus  /ih  ^lovpylas  ol  voAirat  km^  rw9 
^hfWf  i/aeivKeurro  (de  Rep,  Laced,  14,  §  4 ;  com- 
pare  Plut.  Lycurg.  27 ;  SchOmann,   Antiq.  of 
Greece,  p.  278,  £.  T.).     With  the  same  view 
the  Spartans  were  themselves  forbidden  to  go 
abroad  without  leave  of  the  magistrate.    Both 
these  rules,  as  well  as  the  feelings  of  the  people 
on  the  subject,  were  much  relax«l  in  later  times 
when  foreign  rule  and  supremacy  became  the 
object  of  Spartan  ambition.    Even  at  an  earlier 
period  we  find  that  the  Spartans  knew  how  to 
observe  the  laws  of  hospitality  upon   fit  and 
proper  occasions,  such   as  public  festivals,  the 
reception  of  ambassadors,  kc  (Xenoph.  Mem,  L 
2,  §  61).    They  worshipped  a  Zc^t  |/nos  and 
'A0aya  {cWa  (Pausan.  iii.  1,  §  111).    The  con- 
nexion, called    by  the    Greeks    v^crla,   was 
cultivated  at  Sparta  both  by  the  state  and  by 
individuals ;  of  which  their  connexion  with  the 
Peisistratidae  is  an  example ;  and  also  that  of  a 
Spartan  family  with  the  fkmily  of  Aldbtades 
(Thucyd.  v.  43,  vi.  89,  viiL  6 ;   Herod,  t.  91 ; 
compare  vi.  57).  [fiospiTiux.]  Many  illnstrioos 
men  are  reported  to  have  resided  at  Sparta  with 
honour,  as    Terpander,    Theogms,  and    others 
(SchOmann,  Ant.  Jur,  PubL  Gr,  p.  142).    Xeao- 
phon  was  highly  esteemed  by  the  mitioo,  and 
made  Spartan  wp6^tpos.    It  is  noticeable  that 
though   there  is  no  mention  of  {«»i|AAv£a  at 
Crete,  yet  the  Dorian  dislike  of  things  foreign 
is  evidenced  by  the  prohibition  of  foreign  travel 
for  young  men  (Plat  Protag,  p.  342  0).    The 
(cyqAoo-ia  at  ApoUonia,  a  colony  founded  by  the 


XENI 

Corinthians  and  Corcyraeans,  is  mentioned  in  Ael.  i 
F.  H,  ziii.  16.    (See  farther  on  the  subject  of 
the   {cnjAocrla,  Thucyd.  i.  144^  with  Arnold's 
notes ;  Aristoph.  Ava^  1013 ;  Harpocr.  s.  v.  jcol 
T^p  Ti  tfi»8^WL)  [C.  R.K.1    [G.E.M.] 

XENI  U^roi).    [Mbrcemabii.1 

XENIA  acWa).    [HospiriUM.] 

XE'NIAS  GBAPHE  (Mas  7pa<^).  This 
was  a  prosecution  at  Athens  for  unlawfully  usurp- 
ing the  rights  of  citizenship.  As  no  man  could 
be  an  Athenian  citizen,  except  by  birth  or  crea- 
tion (^^o-ci,  yivu  or  vot^o'ffi,  Sofptf),  if  one, 
having  neither  of  these  titles,  assumed  to  act  as 
a  citizen,  he  was  liable  to  a  yp^^  {cyfos,  which 
any  citizen  might  institute  against  him  (Lys. 
c.  Agor.  §  60 ;  Isae.  Pyrrh,  §  37 ; — Dem.  c.  Boeot, 
i.  p.  999,  §  18,  ii.  p.  1020,  §  41 ;  c.  TimutK 
p.  1204,  §  66;  c.  Neaer.  p.  1363,  §  52,  etc) ;  or 
he  might  be  proceeded  against  by  tWarfftXia 
(Dinarch.  c,  Agasicl,  cf.  Hyper,  pro  Eux,  c.  19, 
etc.).  If  condemned,  his  property  and  person 
were  forfeited  to  the  state,  and  he  was  forth- 
with to  be  sold  for  a  slare  ([Dem.]  Epist.  iii. 
p.  1481,  §  29 ;  Schol.  Dem.  c.  Tanocr.  p.  741, 
etc).  The  judgment,  howerer,  was  arrested,  if 
he  brought  a  Ziicn  }^tv9o/ietprvpui¥  against  the 
witnesses  who  had  procured  his  couTiction,  and 
conricted  them  of  giring  false  testimony.  Dur- 
ing such  proceeding  he  was  kept  in  safe  custody 
to  abide  the  event  (Dem.  c.  Thnocr.  p.  741, 
§  131).  [Mabttbia  ;  Joum,  of  Phihl.  vi.  p.  15  f] 
When  a  person  tried  on  this  charge  was  acquitted 
by  means  of  fraudulent  collusion  with  the  prose- 
cutor or  witnesses,  or  by  any  species  of  bribery 
(Aristotle  in  Lex.  Bhsi,  Caniabr.  p.  674 ;  4dif  ru 
i&pa  iiMs  &inp^yp  r^y  ^wImh  cf.  Harpocr. 
«.e.),  he  was  liable  to  be  indicted  afresh  by  a  ypoAii 
9»po^€yiatf  the  proceedings  in  which,  and  the 
penalty,  were  the  same  as  in  the  7pa^  {cvlos. 
The  jurisdiction  in  these  matters  belonged  in 
the  time  of  Demosthenes  to  the  Thesmothetae, 
but  anciently,  at  least  in  the  time  of  Lysias  (de 
Pecan,  pM.  §  8),  to  the  Nautodicae. 

In  onier  to  prevent  fraudulent  enrolment  in 
the  register  of  the  S^/aoi,  or  Kn^iapx^^^>'  7P<V^ 
/uMTuoVf  which  was  important  evidence  of  citizen- 
ship, the  ^rittSrtu  themselves  were  at  liberty  to 
revise  their  register,  and  expunge  the  names  of 
those  who  had  been  improperly  admitted.  From 
their  decision  there  was  an  appeal  to  a  court  of 
justice,  upon  which  the  question  to  be  tried  was 
much  the  same  as  in  the  yp€t^  {e^^*  ^nd  the 
appellant,  if  he  obtained  a  verdict,  was  restored 
to  the  register;  but,  if  judgment  was  given 
against  him,  was  sold  for  a  slave  (Dem.  c.  Eubul* 
p.  1317,  §  60  f. ;  Dionys.  Halic  de  laaeo  judic, 
16,  ical  iiof  rh  9%^€pop  i^€\9yX^<fh  v^vpSUrBtu 
tiirro6s,  etc.  fiusolt,  </.  griech.  Stoats."  ti.  Bechta- 
alt  §  157,  in  I.  Miiller's  Handbuch  d.  klass. 
Altertvtmawiaaenech.f  probably  misled  by  Plut. 
Perid.  37,  hcMiivav  ohp  it\6vrts  hfdy^  Twror 
Kurxt^ltttf  iXarrovs,  says  that  those  whose  names 
were  expunged  from  the  register  were  sold  for 
slaves ;  it  was  only  in  case  of  a  person  not  ac- 
quiescing in  the  verdict  of  the  demotae  and 
appealing  to  a  court  of  justice  (iT^cirts),  that,  if 
judgment  there  also  went  against  him,  he  was 
sold  for  a  slave).  [Demus;  Parsnoraftoi.] 
For  an  example  of  this,  see  the  speech  of  Demo- 
sthenes against  Eubulides;  Isae.  pro  EupML 
4ML  Process^  ed.  Lipsius,  pp.  95-98,  437-441.) 

[CR-K.]    [H.H.] 


ZETETAE 


991 


XE8TES  (l^onif).     [Hehsuba,  p.  164  a  | 
Tables.] 
XTSTUS.    [OrxNASiux ;  Hobtdb.] 


z. 

ZETETAE  (CYrn7raO,  commissioners  of 
inquiry,  were  appointed  at  Athens  on  special 
occasions  as  extraordinary  officers,  not  as  a 
regular  magistracy;  and  were  of  two  kinds, 
sometimes  confused  by  grammarians  (Harpocrat., 
Poll.  viii.  115)  and  by  modem  writers.  1.  Cri- 
minal investigators  or  inquisitors,  to  discover 
the  authors  of  some  crime  against  the  state,  and 
bring  them  to  justice.  The  court  of  Areiopagus 
often  discharged  the  office  of  inquisitors  for  the 
state,  and  were  sometimes  armed  with  special 
powers  by  the  people  in  assembly  [Abeiopaqub, 
Vol.  I.  p.  176  6).  During  the  panic  consequent  on 
the  mutilation  of  the  Hermae,  the  /3ovA^  received 
absolute  power  to  investigate  (^r  7^  o^ro- 
Kpdrwp,  Andoc.  de  Myat.  §  15),  but  (urtirtd 
were  also  appointed  (t6.  §§  14,  36,  40,  65). 
This  is  perhaps  the  only  occasion  on  which 
CifniTal  are  mentioned  in  connexion  with  an 
inquiry  other  than  financial.  2.  Ziinfral  were 
more  frequently  appointed  to  search  for  confis- 
cated property,  the  goods  of  condemned  criminals 
and  state  debtors;  to  invite  and  receive  infor- 
mation against  any  persons  who  concealed,  or 
assisted  in  concealing  them,  and  to  deliver  an 
inventory  (ikwoypa^)  of  all  such  goods  to  the 
proper  authorities.  The  delinquent  was  then 
prosecuted,  either  before  the  o^i^ucoi  [Stndicus], 
or  it  might  be  before  the  (rrniTeLi  themselves,  if 
their  commission  extended  to  the  holding  of  a 
vry^fiopla  ^uccumiplov.  Any  person,  however, 
who  had  claims  against  the  goods  which  were 
the  subject  of  such  information,  might  petition 
to  have  such  claims  settled  while  the  confis- 
cation was  still  in  process  and  before  the  state 
had  taken  possession :  this  was  called  ^fctc- 
(neirho$ai  ([Dem.]  c.  Thnoth.  pp.  1197-8,  §§  45, 
46,  47;  the  subst.  i¥§viaKtifAfM  only  in  Har- 
pocrat).  Such  overhaulings  of  the  treasury  by 
the  appointment  of  (rirriral.  were  especially 
frequent  in  times  of  chronic  deficit,  such  as  the 
Social  War  and  the  years  immediately  succeeding 
it  (Dem.  c.  Timocr.  p.  703,  §  11);  but  there  are 
earlier  examples  (Lys.  omoK.  ictpo^.  f  16).  In 
the  case  of  the  alleged  bribery  by  Harpalus  we 
find  a  decree  r^v  BouK^v  (rirw  (Dinarch. 
c.  Dem.  §§  4,  55).  According  to  SchoU,  the 
(irniTal  were  only  introduced  for  a  shoit  time 
after  the  expulsion  of  the  Thirty,  and  then 
replaced  by  the  trvKAoyus :  the  more  probable 
opinion,  already  maintained  under  Stllooexs,  is 
that  the  ovWaytTs  were  appointed  only  on  that 
single  occasion,  the  ^ijn^rol  more  frequently. 
They  were  technically  an  itpxh*  though  classed 
by  Pollux  (viii.  114,  115)  among  the  vwripirai 
or  underlings  [Hvperetes,  in  Vol.  I.]:  as 
Boeckh  remarks,  it  was  an  ofiice  which  men  of 
high  rank  were  not  ashamed  to  accept.  Another 
name  for  commissioners  of  inquiry  into  con- 
fiscated property  was  fjuuniip^s  (Hyperid.  ap. 
Harpocrat.  «.  v. ;  Suid.,  Phot.,  s.  m.  /juurr^pes 
and  fidaT€ip€t :  Lex.  Seguer.  p.  279).  The  17th 
and  19th  speeches  of  Lysias,  the  iuAucairia  and 
de  B<mi$  Aristoph.^  throw  considerable  light  on 


992 


ZEUGITAB 


the  way  anch  inqniriet  were  conducted  at 
Athens.  (Harpocrat.  «.  e.  (nrnriis'.  Boeckk, 
P.  E.  p.  lbS=8tlUi*  L  192 ;  FrSnkel,  n.  247  on 
Boeekh ;  Att,  Process,  p.  126  Lips. ;  R.  Scboll, 
Quaestiones  fisoales  jvris  Attici  ex  Lysiae  ara- 
tionibus  Ulustratae,  Berlin,  1873.) 

[C.  R.  K.]    [W.  W.J 
ZEUGITAE  (CcvyTrw).    [Censob^  YoL  L 
p.  408.] 


ZYTHUM 

ZONA.     [ClNOULUX.] 

Z0TH0RU8  (Cwo^^pof),"  bearing  uiimals 
or  figures,"  of  a  panel  or  relief;  hence  especiallj 
applied  to  the  oontinnoos  carred  frieze  of  the 
Ionic  and  Corinthian  orders,  while  in  Dorie 
boildinn  the  triglyphs  and  metopes  tak«  the 
place  of  this  member.    (Vitrar.  iiL  5,  10.) 

[E.  A.  G.] 

ZYTHUM  (Cvtfof).    [Cbbtxsza.] 


TABLES  OF  OBEEK  AKD  BOIUN  MEASUBES,  WEIOHTS/AIID  HORET. 


Table 

L  Greek  Measures  of  Length, 
(1)  Smaller  Measures. 
IL  Roman  Measures  of  Length. 

(1)  Smaller  Measures, 
in.  Greek  Measures  of  Length. 

(2)  Land  and  Itinerary. 
IV.  Roman  Measures  of  Length. 

(2)  Land  and  Itinerary. 

y.  Greek  Measures  of  Surface. 

VI.  Roman  Measures  of  Surface. 

VII.  Greek  Measures  of  Capacity. 

(1)  Liquid  Measures. 

YIII.  Roman  Measures  of  Capacity. 

(1)  Liquid  Measures. 
IX.  Greek  Measures  of  Capacity. 

(2)  Dry  Measures. 

X.  Roman  Measures  of  Capacity. 

(2)  Dry  Measures. 
XI.  Greek  and  Oriental  Weights. 
XII.  Greek  Money. 

XIII.  Roman  Weights. 

(1)  The  As  and  its  Undal  Diyisiona. 

XIV.  Roman  WeighU. 

(2)  Subdivisions  of  the  Uncia. 
XV.  Roman  Money.        (1)  Weights. 

XYL  Roman  Money.        (2)  English  Yalneii 


In  the  construction  of  these  Tables,  most  uw 
has  been  made  of  F.  Hultsch's  Grieckucke  vad 
Bdmische  Metrohgie,  2nd  ed.,  Berlin,  1882 ;  but 
Hultsch's  results  hare  been,  in  some  instances, 
corrected  by  W.  Dorpfeld  in  MittheHunffen  da 
Deutsche^  Instituts  zu  Athen^  since  1883.  The 
tables  of  weights  and  money  are  founded 
on  the  articles  Ab  and  Pondbba.  by  Professor 
Gardner. 

The  Tables  are  so  arranged  as  to  exhibit  the 
corresponding  Greek  and  Roman  measures  i& 
direct  comparison  with  each  other.  In  some  of 
the  Tables  the  values  are  given,  not  only  in  our 
several  measures,  but  aUo  in  decimals  of  a 
primary  unit,  for  the  purpose  of  fiadlitating 
calculations.  In  others,  approximaie  vahtes  are 
given;  that  is,  values  which  differ  from  the 
true  ones  by  some  small  fraction.  Where  both 
French  and  English  determinaticms  are  given, 
these  cannot  correspond  with  the  atmost 
ezactneis,  but  the  discrepancy  between  them  is 
barely  noticeable,  save  in  the  highest  and 
lowest  measures  determined.  Fuller  informa- 
tion will  be  found  under  Mebsura,  NuiaiaB, 
Pondbba,  and  the  spedfio  names. 

[P.  a]    [J.  a] 


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TABLES  OF  WEIGHTS  AND  MBASUBES. 


1001 


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1002 


TABLES  OF  WEIGHTS  AND  MEASURES. 


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TABLES  OF  WEIGHTS  AND  MEASURES. 


1003 


TABLE  XL 

N.B.— One  pound  avoirdupois  is  exactly  7,000  grauiB ;  one  ounce  awirdupois  is  437*  naina. 
l^amiikj  is  15-43234  giainB.  ^  i6«»™. 

(A)  Yarions  QtienUl  Weights. 


1.  Egyptian. 
Kat     . 
10    I  Onten  or  Ten 


8»  Babylonian  Heavy  Gold. 
Shekel 
son  Mina 


30U0 


60  I  Talent 


8.  Babylonian  Heavy  Silver. 
Shekel         .... 
Mina 
60~,  Talent 


50 


3000 


Gnminet. 
(ApprozlniAte.) 

9 
90 


16-83 
841-5 
50,490 


Oxmlaa. 
(Approzlmate.) 


140 
1400 


Avofrdnpoii. 
(Approxlmatfl.) 


ioz. 
^oz. 


4.  Babylonian  Light  Gold  and  Light 
Silver  Standards  were  exactly  half 
the  heavy  gold  and  heavy  silver  re- 
spectively, so  that : 

Light  Gold  Shekel        .         .         .         . 

Light  Silver  Shekel      .         .         .         . 


5.  Phoenician  Silver. 
Shekel 

Mina 

Talent 


50 


3000 


60 


22-4 
1,122 
67,320 


260 
13,000 
780,000 


344 

17,200 
1,032,000 


}oz. 

1  lb.  13}  oz. 

Ill)  lbs. 


I  OSB. 

2  lbs.  7}  OZ. 
147)  lbs. 


8-41 
11-2 


14-9 

745 

44,700 


130 
172 


230 

11,500 

690,000 


4oz. 
|oz. 


1  lb.  lOf  oz. 
984  lbs. 


(B.)  Aeginetaa  and  Attlo  Commereial  Weights. 


Obd  . 


6 


12 


600 


36,000 


Drachm 


2 


100 


6000 


Didrachm  (orwHip) 
50       Mina 


3000 


60     Talent 


OmniMB. 

Graint. 

1-05 

16 

6-30 

97 

12-60 

195 

630 

9,750 

37,800 

585.000 

(C.)  Enboie  Weights. 


Onmincs. 

Grains. 

Drachm 

4-20 

8-40 

420 

25,200 

65 

130 

6.500 

390,000 

2 

Stater 

...•.'         •         • 

100 

.TO 

Mina     .... 

60     Talent    .                          .     ,   . 

6000 

3000 

N.B. — Just  as  the  Euboio  drachm  is  |  of  the  Aeginetan  stater,  so  the  Corinthian  drachm 
is  I  of  the  Euboic  stater.    See  Vol.  U^  p.  449  h. 

(D.)  Attie  Weights  (Sdonian  Coinage> 


Grammes. 

Grains. 

Drachm 

4-40 

8-80 

440 

26,400 

67-5 
135 
6,750 
405,000 

2       Didrachm  or  Stater 

100 

50 
3000 

Mina 

"60"    Talent 

6000 

N.B.— It  will  be  seen  that  the  ratio  of  the  Aeginetan  stater  (195  gr.)  to  the  Attic 
(135  gr.)  is  a  good  deal  larger  than  100:73  or  138:100  or  83i:60,  which  are  the  ratios 
ascri&d  to  Solon's  redaction  of  the  Attic  coinage. 


1004 


TABLES  OF  WEIGHTS  AND  MEASURES. 


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TABLES  OF  WEIGHTS  AND  MEASUBES. 


1007 


TABLE  XV. 


NOBMAL  WEIGHTS  OP  BOMAN  COINS  IN  ENGLISH  GEAINS. 


OOLD. 

B.O.  350. 

B.O.  269.* 

B.O.  210.t 

B.C.  89. 

AugostoB.) 

Nero. 

OaracaUa.§ 

Aureus     .     . 

•  • 

•  • 

52-5 

•  • 

126- 

112- 

101 

Silver. 

Denarius  . 

•  • 

70 

60 

60 

60 

52 

•   • 

QuinariuB  •     . 

•  • 

35 

30 

•  • 

30 

26 

•    • 

Sestertius.     . 

•  • 

17-5 

15 

•  • 

15 

•  • 

•    • 

Yiotoriains    . 

•  • 

•  • 

•  • 

45 

•  • 

•  • 

■    • 

Antoninianus. 

•  • 

.  • 

•  • 

•  • 

•  • 

•  • 

84 

Copper. 

Sestertius 

(brass)  . 

•  • 

•  ■ 

•  • 

•  • 

420 

420 

Duponditis 
(brass)  . 

•  • 

•  • 

•  • 

•  • 

210 

210 

As  (ItbeOa)     . 

5050 

1750 

421 

210 

200? 

200 

Semis  • 

2525 

875 

210 

105 

• 

100? 

*  In  B.O.  269  1  denaritu  =  4  9eiUrlii  =  10  ottMor  HbeOae, 

t  In  B.C.  210  1  denaritu  =  1  Attio   dmchmA  =  4  tettertii  =  16  omm.     (1  aurwu  = 
15  dMiaWt.) 

)  Temp.  Angosti,  1  aureus  s  25  denarii  =  100  9e$terUi  =  400  OMea. 

§  Temp.  Oaracallae,  1  aureus  =  20  AnUminiani  =  100  sestertii  =  400  asses. 

The  gold  sdidus  of  GoDBtsntine  and  his  saccesson  weighed  a  little  oyer  80  grains. 

N.B.— The  English  soyereign  weighs  123-27447   grains;   the  shilling  87 '27272  gr.; 
the  penny  145-83333  gr.    These  weights  form  the  boaie  of  Table  XYL 


1008 


TABLES  OF  WEIGHTS  AND  MEASUBES. 


TABLE  XVI. 


BOMAN  COINS  COMPABED,  IN  WEIGHT,  WITH  ENGLISH. 


Gold. 

B.a  850. 

B.O.  269. 

B.a  210. 

B.C.89. 

AugoBtns. 

Nero. 

GaimeaDa. 

Aniens 

•  • 

•  • 

m 

•  • 

«i,V 

m 

£^ 

Silver. 

Denarius  . 

•  • 

!•• 

««• 

H»- 

Te*" 

i>- 

•  • 

Qninarius 

•   • 

I»- 

w- 

■  • 

u»- 

TU^' 

•  • 

Sestertius       . 

■   • 

i'- 

i^- 

•  • 

4i»- 

•  • 

•  • 

Viotoriatus     . 

•   ■ 

•  • 

• « 

a*- 

•  • 

•  • 

•  • 

Antoninianus 

•   • 

•  • 

•  • 

•  • 

•  • 

•  • 

a^ 

Copper. 

Sestertius 
(brass)     . 

•   • 

•  • 

•  • 

•  • 

2id. 

2|<L 

•  • 

Dupondius 
(brass) 

•  • 

•  • 

•  • 

•  • 

iM 

1tV». 

•  • 

34i<?. 

12(J. 

2ld. 

ItV- 

m  (?) 

IK 

•  • 

Semis  . 

I7id. 

6d. 

l^d. 

id. 

•  • 

•  • 

•  • 

KoTE. — The  aboye  table  giyes  a  good  idea  of  the  site  of  the  coin,  bat  not  so  aociuate  a 
notion  of  its  intrinne  value,  for  the  English  sovereign  contains  ^th  alloy,  the  ghilliwg  ^ths 
alloy,  the  penny  ^jth  alloy. 

The  intrinsic  yalne  of  a  cold  coin  may  be  determined  fh>m  the  fact  that  the  Bank  of 
England  is  bound  to  buy  gold  bullion  at  the  fixed  rate  of  £3  17s.  9d,  per  oe.  Troy  of  480  gn. 
Hence,  for  instance,  the  aurew  of  Augustas  would  fetch  £1  0$.  9^  Bat  the  price  of 
silyer  bullion  is  not  fixed,  and  has  yaried  within  the  last  20  years  from  5<.  to  3s.  Sci.  peroz. 
Troy ;  and  similarly  the  value  of  copper  varies.  The  relative  values,  again,  of  gold  to  silver 
and  of  silver  to  copper  fluctuated  confiiderably  in  ancient  times,  as  uiey  do  now,  and  the 
intrinsic  values  of  e.g.  the  aureus  to  the  denarius,  taken  now,  would  not  correspond  to  their 
relative  values  of  1  aureus  =  25  denarii.    Cf.  also  the  article  As. 

For  practical  purposes,  the  aureus  of  Augustus  =  £1  sterling:  the  denarius  =  a  fraoo 
(9j<2.);  the  sestertius  =  2|(2.  or  jjgth  of  £1.  A  sum  given  in  sesteriii  may  be  coiiTerted  into 
pounds  sterling  by  dividing  it  oy  100. 


(     1009     ) 


GREEK  INDEX. 


The  ntmerala  ineUcate  ths  voiumes  and  pages^  and  the  Utters  a  and  b  the  first  and  second 

colttmns  respectively. 


A. 


'AfioKiiTKos,  i.  1,  a;  ii.  397»  b. 
"Afia^y  i.  1,  a. 
*A/8p^  rtpiKovposy  ii.  378,  a. 
*Afipoff6tniy  ii.  944,  b. 
''AyaX/io,  ii.  785,  a;  ii.  794,  a. 
^Ayofiiov  ypa^,  i.  43,  a. 
'Ayt^Botpyolf  i.  43,  a. 
*Ayyap€laj  i.  124,  b. 
"Ayyaposy  i.  124,  b. 
*Ayyo^ini^  i.  1005,  a. 
^AyiKaurroiy  i.  43,  b. 
*A7cAcin|f,  i.  43,  b. 
'A7^\t|,  i.  43,  a. 
'Aytc^tov  HUni,  i.  43,  b. 
"AT^fM,  i.  43,  b. 
'AyiiHiSt  i.  366,  a. 
*Ay^6p9ioyj  i.  366,  a. 
^AynroptOy  i.  366,  a. 
'Ayitrwp,  i.  136,  b. 
'Ayirocra,  ii.  223,  b. 
'A7fc^Xt|,  i.  935,  b. 
'A7K^pa,  ii.  83,  b ;  ii.  218,  a. 
^AyHvpi(€iv,  ii.  83,  b. 
*AyKW9Sy  ii.  854,  a. 
*Ayvv9%Sy  ii.  765,  a. 
*Ayopd,  i.  44,  b. 

„      ywauctla,  I.  48,  a. 
„      fK^BowrOf   i.  48,   a ; 
i.  392,  b ;  i.  635,  a. 
*Ayopay6fioSf  i.  49,  a. 
*Ay6pas  vKiiBil^f  L  48,  a. 
*Ayopa4rr^s,  i.  48,  b. 
'AypavKla,  i.  54,  b. 
^Aypai^ov  7pa^,  i.  49,  b. 
"Ayptupoi  wiftotj  ii.  238,  a. 
*Aypdipov    luriXKov  ypaip^  i. 

49,  b. 
*A7^iay<ot,  L  339,  b. 
*AypUhftei,  i.  92,  b. 
"AyptAytos,  i.  338,  b. 
^Aypoiicost  ii.  377,  a. 
'A7^F^oi,  i.  93,  a ;  i.  985,  b. 
'Aypanrtpas  0wria,  i.  93,  a. 
''A7W0S,  i.  340,  a. 
^AyuptA6s,  i..718,  b. 
*Ay6pTtu,  i.  93,  b. 
''A7X**!',  ii.  83,  b. 
*A7x^Maxoi,  i.  190,  a. 
*Ayxiffrtla,  i.  906,  a. 
*AywydpxM,  i.  44,  b. 
'AyAvMSy  i.  44,  b ;  i.  628,  b. 

„       in'lfAiiToif  ii.  842,  b. 

„      tUrtKcuTTMoly  i.  239,  b. 

„      rtfiifrotf  i.  622,  b ;   ii. 
843,  a. 

VOL.  H. 


*AyteyiffTal,  i.  237,  b. 
*Aywy<^lKaif  i.  44,  b. 
*Ayooyo64reu,  i.  44,  b. 
"ASSi^,  'A8Bi|i5,  i.  24,  b. 
'AScio,  i.  24,  b  ;  i.  102,  a. 
*Ad^<nroroi,  i.  941,  a ;  ii.  62,  b. 
'Aiiipayia,  i.  238,  b. 
*A8^varoi,  i.  31,  a. 
'Adcivio,  i.  25,  a. 
"ASwroy,  ii.  774,  b. 
'AciyaSrflu,  i.  35,  b. 
*Afff<riToi,  i.  721,  a;  ii.  515,  a. 
'A^i^vyla,  i.  741,  b. 
'AtT6s,  i.  218,  b ;  L  829,  b. 
'A^«/ta,  i.  829,  b. 
*A(uy€S,  i.  695,  a. 
'AO^ycuoy,  i.  236,  b 
'A0Xirra(,  i.  237,  a. 
'Ae\irrrip^s,  i.  237,  a. 
'A9ko$4Taiy  i.  44,  b. 
AidUccio,  i.  31,  a. 
Aidm-uOf  i.  94,  a. 
Alytufiaif  ii.  936,  b. 
Ai7iaX^ffs,  ii.  875,  b. 
Afyueopcis,  L  901,  b ;  iL  876,  b. 
Aiyunrriiy  ioprii,  i.  33,  b. 
AlyloxoSy  i.  34,  a. 
Alyls,  i.  34,  a. 

AtyoK4pws,  i.  70,  a ;  i.  220,  b. 
AlyvwTuucdj  ii.  301,  a. 
AtBovcOf  i.  94,  b. 
Abcla,  i.  128,  a. 
AUtas  hiKfiy  i.  94,  a. 
AlKi(9<r0ai,  ii.  851,  b. 
AXyiy/jM,  i.  35,  b. 
Ahfuc6s,  i.  340,  a. 
AX^,  I  218,  a. 

Altrvfiy^fTfiSy  i.  41,  a  ;  i.  44,  b. 
AUrxpoKoyioy  i.  518,  b. 
'Atrasy  i.  769,  a. 
AtryatOy  i.  41,  a. 
AirwXwi',  T^  KMvhw  r&yy  i.  41,  a. 
Alxiii,  i.  935,  a. 
AtxjMp^poh  i.  935,  a. 
AMpif/uo,  ii.  816,  b. 
"Ajcaiya,  *Axa/i^,  i.  4,  b. 
''Aieenrya  ((/\a,  i.  5,  a. 
'Ajccirciof,  ii.  217,  b. 
'AKdrioyy  i.  5,  a ;  ii.  223,  a. 
"Ajcotos,  i.  5,  a ;  ii.  223,  a. 
"Ajcffra,  i.  4,  b. 
*Aic4arpat  i.  23,  b. 
'AjciyMiff,  i.  10,  a. 
*Aicfi6&troyy  i.  1005,  b. 
•'AKfutVy  i.  1005,  b. 
'Aico^f  /iaf>Tvp«iy,  i.  94,  b. 
'Ajcortrf,  ii.  272,  a. 


'AK6yTioyy  i.  936,  b. 
'AKoyrifffiSsy  i.  937,  b. 
"Axpoy  i.  200,  b. 
'AKpdTifffuiy  i.  10,  b ;  i.  392,  b. 
*AKparo^6poyy  i.  10,  b. 
*AKp6afiay  i.  11,  a. 
*AKpofiaruc6yy  ii.  107,  b. 
*AKpo$lyioyy  i.  688,  a. 
*AKp6\tioy,  i.  688,  a. 
'AKp6\ieoiy  i.  11,  a;  ii.  696,  b. 
*Ajcp6yvxos,  i.  225,  a. 
*AKp4>r6iiioyy  i.  11,  a. 
*AKpov6\ti,   iyyvypoftftms  ivy 

i.  49,  b. 
'Ajcp<{roXif,  i.  11,  b  ;  ii.  907,  b. 
*AKpo<rrtxlsy  ii.  671,  a. 
*AKpoarlKwyy  ii.  211,  a. 
* AMpotrr6finoyy  i.  870,  a. 
*Aicpo^^ioyy  i.  870,  a. 
'Axpox^tpiay  i.  930,  a. 
'AjcpoxcifuiTfu^s,  ii.  83,  a. 
'Axpttniplaitiyt   i.    11,    b ;     ii. 

566,  a. 
*AKptyH\piWy  i.  11,  b. 
''Aktco,  i.  14,  a. 
"AtcvpoSy  ii.  516,  b. 
'Akmici),  i.  934,  b. 
"AKwyy  i.  936,  b. 
'Akafiaarpoeiiini,  i.  95,  b. 
*AXiifiturrpoyy  i.  95,  b. 
*A\dfiaorpoSy  i.  95,  b. 
*A\a5c  fiwrrm,  i.  718,  a. 
'AAat,  ii.  592,  a. 
'AXeuoy  i.  97,  a. 
'AAaXKo^»'ios,  i.  338,  b. 
'AA^oio,  i.  97,  a. 
'AXtlwroit  i.  98,  a. 
*A\ttvHipioyy  i.  98,  a ;  i.  268,  a. 
*A\iirts,  i.  36,  a. 
*A\(uy  i.  45,  a. 
'AAjo,  i.  932,  b. 
'AX^cfo,  i.  932,  b. 
*A\iy9iiffiSy  i.  930,  a ;   ii.  82,  b. 
'AXKodotOy  i.  96,  b. 
*AAAa7af,  ii.  121,  b. 
"AXAi}!,  or  "AAXi^,  i.  98,  b. 
*AX/Aa,  ii.  364,  b. 
"AXfifiy  ii.  592,  a. 
*AA4»7(ov  BiicTiy  i.  99,  a. 
'AXoir^toyy  ii.  592,  a. 
*A\Tfip9s,  i.  932,  b ;  ii.  365,  a. 
'AXwrlBioyy  i.  385,  b. 
'AA^<rioy,  i.  385,  b. 
''AKwrUy  i.  385,  b. 
*A\&rat,  ii.  271,  b. 
*A\vTdpxnSy  ii.  271,  b. 
*Akp9alfiouUy  i.  691,  a. 

3  T 


1010 

'AA£a,  i.  98,  b. 

*A\wa,  i.  98,  b. 

'AAof^,  or  'AAdtf^,  i.  64,  a. 

"AKus,  i.  64,  a. 

*Afid\i05,  i.  338,  a. 

'A/M{a,   i.   216,  b;   i.  933,  a; 

ii.  433,  b. 
*A/ia{<firo8cf ,  i.  932,  b ;  ii.  433,  b. 
'AfiapMia,  i.  99,  a. 
'Afiap^ffiOy  i.  99,  a. 
"AfifiKwfftSf  i.  4,  a. 
'A/AjSfxxrfa,  i.  101,  b. 
"Afifiwy,  i.  292,  b. 
"Afierpos,  ii.  174,  a. 
'A/iMOf  ii*  83,  a. 
''Afifta,  i.  101,  b  ;  ii.  164,  b. 
'AfiMjforiOf  i.  102,  a. 
'AfufoffKovlof  ii.  300,  a. 
*Afi6fyyii^  ii.  265,  a. 
*AfjJpyiifa,  t.  102,  a. 
'Afjutpylsf  i.  102,  a. 
"A/iTcXot,  ii.  962,  a. 
*A/Aircx<iyi?9  i*  102,  b. 
'A/Avlrrapcf,  i.  940,  b. 
'AfirvKrfip,  i.  117,  b. 
"A/iTu^,  i.  117,  b. 
*AfiuK\cuy  I,  333,  a. 
'A/ivKXotScs,  i.  333,  a. 
*Afiv(rrl  irlif€iy,  i.  120,  b. 
*AfjupMpdla,  i.  102,  b. 
*Af4^ifi\ri(rTpoy,  ii.  546,  a. 
*Aft^^8ovXof,  ii.  656,  b. 
*Afupiip6fiM,  i.  105,  b. 
"AfiptedXaiioSt  i.  106,  b. 
'Afit^tBiaTpoM,  i.  106,  b. 
'Aft^tKT^oycr,  i.  102,  b. 
*Afi^(/iiaAAo(,  ii.  762,  a. 
'AfiipiopKta,  i.  106,  a. 
* Afi(f>tvp6<rTvKoSf  ii.  775,  b. 
*Aitiipi<rfi7iru¥y  i.  947,  a. 
'AfjupifffiifrijcriSt  i.  106,  n. 
*A/i^iT((in}rc5,  -ot,  ii.  762,  a. 
* Afi<f>i4>optiiSf  i.  115,  a. 
* AfiiftupiayTtSf    ii.    181,    b;    ii. 

581,  b. 
'AfupoptvSf  i.  115,  a. 

„  fitrpftriiSf  ii.  170,  b. 

'AfitpufAotriOf  i.  106,  a. 
'Ajbi4»e0T/8er,  ii.  524,  b. 
'AyafiaOfioi,  i.  661,  b  ;  i.  663,  b. 
*Ayafio\eTst  i.  742,  a. 
^Aya^Kcuo)',  i.  362,  b. 
'AyayKcuo^tirYia,  i.  238,  a. 
'AvaYAuirra,  i.  121,  a. 
'Avci^Au^o,  i.  121,  a. 
'Ayayy^ptiriSy  ii.  864,  a. 
^AvceytoyTis  ZUrif  i.  121,  a. 
*Ayayt&yMf  i.  121,  a. 
*AyaJ64<Tfirif  i.  121,  a. 
'AyaStKfa,  i.  144,  a. 
*AyaB^fivr<if  i.  687,  a. 
* Avadv fiiaa IS,  ii.  282,  a. 
*AyaicaAinrT^pia,  ii.  136,  b. 
*AvaKuay  i.  121,  a. 
*AyaK9tfi4y<if  i.  687,  a. 
*AydK(ioy,  i.  121,  a. 
'AKOKti^jbiaTa,  i.  930,  a. 
*  AyaK\riHipui,  i.  121,  b. 
'AydxKrrroif  i.  791,  b. 
*AyaK\iyo7rdKri,  ii.  329,  a. 
^AydKKtyrpoyf  ii.  17,  b. 
'Aydxpurts,  i.  121,  b  ;   i.  167,  a. 


6BEEK  INDEX. 

*AydKTopov,  ii.  774,  b. 
* AydKrififiOf  i.  123,  a. 
"Aval,  ii.  548,  a. 
'Aya^aySpetOf  i.  123,  b. 
'Aya^vplteSf  i.  314,  b. 
*Ayd'KtU(rros,  i.  422,  a. 
*Aycarav<rrri(^€if  ii.  854,  b. 
'Ayairtiyifco-Ocu,  iL  767,  b. 
'AyvrUcfunOf  iL  817,  b. 
'Avcnrrv0'0'ffiy,  i.  771,  b. 
*Aydppv<rtSf  i.  134,  b. 
'Aydaifiosj  iL  375,  b. 
'AyaoYoa'T'^ia,  i.  385,  a. 
'AyaroKurfMs,  i.  123, a;  L  835,  a. 
'AraroA^,  i.  224,  b. 

*  Ayorphrity,  ii.  84,  a. 
*Ayavfiaxiov  ypeup^i,  i.  123,  b. 
^Ayd^opov,  L  211,  a. 

* AyZpaitoZivnov  yptup^,  i.  123,  b. 

*  Ay^pawoSi<rr-fis,  i.  123,  b. 
'Ay9p€ia,  ii.  749,  a. 
'Ay^puis,  ii.  395,  b. 
^Ay^poytfiytOj  i.  123,  b. 
"Ay^poK-n^iot  i.  123,  b. 
'Ay^poK^ioy,  i.  123,  b. 
*AyBpofji49rij  i.  218,  b. 
'AvSpdvcf,  i.  124,  b ;  i.  662,  a. 
'AyBpteyh'is,  L  660,  b. 

''Aycv  69aros  8fin|,  i.  973,  a. 
'Ave^taSovr,  ii.  385,  a. 
'Avdefa,  L  127,  a. 
'Aydc<rr^f>ia,  i.  638,  b. 
'AySctmipi^yf    L    338,    a ;     L 

399,  a. 
*Ay0€<r^6pia,  i.  126,  b. 
"AyOTi,  ii.  390,  b. 
'AyBotrfjdasj  ii.  971,  a. 
'AyBpdKioyf  i.  127,  a. 
* AyBvrwfjuxrla,    i.    623,    a;    L 

629,  b. 
"AyoSos,  ii.  833,  b. 
"AyoirAoi,  L  190,  a. 
"AyrtoSj  i.  339,  a. 
* AyrerippjifUL,  i.  422,  a. 
*AyTep€ibl$f  ii.  854,  b. 
'Ayrripl^tSf  ii.  216,  b. 
'AvTi7^vc(a,  i.  127,  b. 
'AyriyoylBtSf  L  347,  b. 
'AyrlyoyoSy  i.  696,  a. 
'Ayri7f>a(^€rs,  i.  128,  a. 
' Ayriypaifyfi,  i.  127,  b;  L753,  a. 
*Ayrlio<ris,  L  127,  a. 
•AvT(Aiy|ij,  i.  623,  a. 
'Ayriy6ua,\.  128,  b. 
'Ayr toy,  ii.  765,  a. 
*AvTiir((0€fa,  ii.  559,  b. 
* Ayrltrrpt-nroj  i.  938,  b. 
'Amirrpo^,  i.  421,  b ;  iL  564,  a. 
*AyTiTtfiri<nSf  i.  404,  a. 
*Ayrl<ff€pya,  i.  690,  b. 
*Ayrti^»i'ta,  ii.  193,  b. 
* AyrKTipiaif  ii.  831,  b. 
'AyrKla,  i.  128,  b. 
"Ajh-Aoj,  ii.  212,  b. 
"Arrv^  L  129,  b;  L458,  b;  L 

577,  b. 
'Arry8^,  i.  422,  a. 
*AyrufAO<riaf  i.  121,  b. 
*Ayinro^(riit,  ii.  684,  b. 
'A^jyv},  ii.  616,  a. 
"Alofti,  L  264,  a;  iL  239,  b. 
"A^w,  L578,  a;  iL  239,  b. 


"AofH  L  919,  a. 
'AopfT-fipf  i.  284,  a. 
'Avc^ycAoi,  i.  43,  a. 
•A«ry«7^,  L  133,  b;  L  733,  a. 
'A«xtn}0'«c»f  rov  S^^mv  T^pa^, 

L  134,  a. 
'Axarovpta,  i.  134,  b. 
'AraroupioT,  i.  339,  a. 

*  Arorovptc^ir,  L  338,  b ;  L  339,  a ; 

L  340,  a. 
'AirovAto,  ii.  136,  b. 
'AvovAiOT^pia,  iL  136,  b. 
"Airtipoty  i.  130,  a. 
,  *Airfipov€S,  i.  130,  a. 
'A«-rA€u6cp<Mr,  iL  61,  a. 
"AircAAo,  L  9 1 5,  a. 
'ArcAAoios,  L  338,  a ;  L  339,  a. 
' Art yiavrta'fjt6s,  L  741,  b. 
'At^w},  i.  135,  b. 
'AToiS(iT7^5,  L  618,  b. 
'AroyoyiKos,  i.  340,  a. 
* Awaypcufyff,  i  137,  a. 
*Airoypdtpuyf  i.  137,  b. 
*ATo8eirreu,  L  136,  b ;  iL  677,  b. 
'ArSBtafMOS,  i.  827,  a ;  iL  720,  b. 
'AirodiSpourfcirSo,  i.  137,  a. 
' AwoBtpmrtia,  i.  98,  a. 
'Airod4v<ris,  L  139,  b. 
*Airo<>^«Ty.  i.  139,  b  ;  L  975,  b, 
•AtoucIo,  i,  476,  b. 
"Atoucoi,  i.  474,  b. 
'Airoir^pv(ts,  i.  137,  b. 
'AT^KAirroi,  L  42,  a. 
*AiroA«l^€«s  Sum,  i.  648y  a. 
'AwdKuylfu,  L  647,  b. 
'AToAAcivto,  L  138,  a. 
' AirofiayBaklai,   i.    39^    a;    ii 

126,  a. 
*A«tJvaTO(,  i.  664,  a. 
*A'ror4fx^€ws  ttxri,  i.  647,  b. 
*Av6mfi^is,  L  647,  b. 
'AiroTvlytiyy  ii.  83,  b. 
*Air^irrv7/bui,  iL  903,  b, 
'Airopparr^pio,  ii.  773,  b. 
'A-rSppa^ts,  L  293,  a;  iL  423,  b^ 
'Airopjp^crctfs  Sfin},  i.  138,  b. 
* Aitdppuffis,  i.  138,  b. 
'Air6ppjiraf  i.  139,  a. 
'Airotrrocrfov  S^iciy,  i.  139,  a. 
*AiroirroAeif,  L  139,  a. 
'AvoTcixK^A'^ff  ii*  919,  a. 
'ATorcAc<r/iariir<$s,  L  213,  a. 
*Avcfrifiay,  L  692,  b. 
'Avorifiii/ia,  L  692,  b;  L  971,  b. 
'AirorifiTfraif  iL  174,  a. 

*  AroTvfiraytafuiSf  i.  143i,  K 
'AW^oycris,  L  138,  a. 
'Air<{4>a(nr,  L  127,  a ;  L  138,  a ; 

L  176,  b. 
'Avo^opdly  L  138,  a. 
'Airo^pifra,  i.  138,  b. 
'Airo^op^ni,  i.  138,  b. 
'Airo^pd5cs  i^M^poff  i*  138,  b. 

*  AroxfifiOTovuPt  L    168,   b;    L 

409,  b. 
'Airox«pOTov{o,  i.  409,  b. 

*  Arrp6<ntK'nrQs  Simi,  L  146,  a. 

*  Avpoerao'lov  ypvup-^^  L  146,  b ; 

L  168,  a. 
'Apafidpxris,  L  ir}8,  b. 
'Apcu^oTvAof,  ii.  777,  b. 
'ApcCrcio,  L  158,  b. 


QREEK  INDEX. 


1011 


*Ap$^\il,  i.  332,  b ;  ii.  373,  b. 
'ApydBus,  i.  901,  b ;  u.  876,  b. 
"ApyiOf  i.  195,  a. 
'Apyias  ypapii,  i.  184,  b. 

„       y6fios,  L  184,  b. 
"ApyiKoSf  i*  842,  a. 
*Apyol  \i9oi,  i.  178,  a;  ii.  700,  a. 
'ApyoyavTucdy  ii.  299,  b. 
* ApyvpdffwiBfSf  i.  184,  b. 
'ApyvpioK,  ii.  248,  b. 
'Afyyvpiov  Sfmy,  i.  185,  a. 
* ApyupoKowuoy^  L    185,  a;   ii. 

177,  a. 
*Apyvpo\6yoi,  i.  185,  a. 
''ApyvpoSf  i.  183,  b. 
*ApyvpoTafileu,  i.  185,  a. 
'ApyvptLyriTOi,  ii.  656,  b. 
'Ap7(6,  i.  222,  b. 
*ApBdKioyf  i.  174,  b. 
'Apidyioy,  i.  174,  b  ;  i.  885,  b. 
'Apdio^po,  i.  872,  a ;  ii.  587,  b. 
"ApStf,  ii.  587,  a. 
"Aptios,  i.  340,  a. 

„      fdyoSf  i.  175,  a. 
"Apccrjcos,  i.  521,  a. 
'Apniirtdtyy  i.  338,  b. 
'Apiddytta,  i.  185,  b. 
'ApiBfiTrrMiiy  i.  187,  b;  ii.  76,  b. 
'Apis,  ii.  793,  b. 
* AptffTepoffrdrai,  i.  420,  b. 
*Apiirrly^y,  i.  442,  a. 
'ApitrroKparioy  i.  187,  a. 
"Apiaroy,  i.  391,  b. 
'Ap$taStK6yf  rh  Koty6yf  i.  162,  a. 
'Apirrc/o,  i.  316,  b. 
*Apicr«t;ciy,  i.  316,  b. 
'ApKTt^ffOaif  i.  316,  b. 
"AptcToif  i.  316,  b. 
"ApKTos  fxrydfifi,  i.  216,  a. 

„       puKpdf  i.  216,  b. 
^ApKTovpos,  i.  217,  a. 
*ApKro^v\c4,  i,  217,  a. 
"ApKvs,  ii.  546,  a. 
*ApKvupos,  ii.  936,  b. 
'Apfia,  i.  577,  b  ;  i.  933,  a. 
'ApfuifjLa^a,  i.  933,  a. 
'Apfjury^i,  ii.  390,  b. 
'Apfwyia,  ii.  198,  a. 
*Apfioyiaij  ii.  538,  b. 
'Apfioyuefif  ii.  192,  b. 
'Apfioirr'fiSj  i.  933,  a. 
'Apycuc/f,  i.  543,  b. 
*Apwf,  i.  192,  b. 
"Aporoi  Upoi,  i.  193,  a. 
"Aparpoyy  i.  159,  a. 
"Apovpa,  i.  197,  b ;  ii.  164,  b. 
'Apirayfif  i.  933,  b. 
'Apireryiji  ypanfrftj  i.  933,  b. 
'ApToarSyy  ii.  424,  a. 
'ApvfSoi'iiirrcu,  i.  924,  a. 
Apvi),  i.  823,  a. 
' Appri(p6puXf  i.  193,  b. 

*  App7i<p6poiy  i.  194,  a. 
"Apffij,  ii.  558,  b. 
'ApT(£/99},  i.  194,  a. 
'ApTopdrtoSf  i.  339,  b. 
*Aprt/jda'iaj  i.  194,  b. 

*  Apvtfilffios,  i.  339,  a. 
'Aprtfitai^yy  i.  339,  a ;  i.  340,  a. 
"ApTia  ^    ircpirr^    TaT^iEur,   ii. 

336,  b. 
'A/rruiCciy,  ii.  336,  b. 


* ApriouTfUiy  ii.  336,  b. 
"Aprioiy  i.  188,  a. 
'ApTOToiifs,  ii.  430,  a. 
* ApT(ncS»Kaiy  i.  394,  a. 
*AproTc^\i8cs,  i.  394,  a. 
'AprGyai,  -ot,  i.  197,  b. 
'Apr^aciT,  ii.  966,  a. 
*ApviSaAAos,  i.  201,  a. 
*Ap(nixiya,  i.  268,  b. 
'Apx€up€irlcuy  i.  409,  b;  i.  702,  b. 
'Apx'^ov,  i.  162,  b. 
*Apx^^aoi,  ii.  875,  b. 
*Apx'flf  i.  165,  b. 
*Apx'ny^Tiis,  i.  758,  a. 
*Apxi^TpoSy  i.  162,  b. 
*Apxifio6Ko\oSf  i.  309,  a. 
* Apxi*p<ufurr4\i,  i.  758,  b. 
'Apxtcpc^s,  i.  241,  b ;  i.  340,  a. 
'Apx<0«'a'pos,i.  611,  a;  ii.  825,  a. 
* Apxn'^KToyiuy  i.  163,  b. 
* Apx^'T^KToyuei^y  i.  163,  b. 
*Apxn'4K7wyf  ii.  818,  a. 
"Apx^Vy  i.  165,  a. 

„       in&yvftoSf  i.  167,  b. 
*Apx6yn%y  i.  266,  b  ;  ii.  366,  a; 

ii.  771,  a. 
'Ao-ci/uveos,  i.  208,  a. 
'AatfieUu  ypa^f  i.  210,  a. 
'Atndpxoh  i-  210,  b. 
'Ao-fAAo,  i.  211,  a. 
*AffKdyT7is,  ii.  18,  a. 
'A(ricAi7T^cta,  i.  209,  b ;  ii.  154,  a. 
'A(ric((s,  i.  210,  a;  ii.  965,b. 
*A<rKwKiaa'fA6s,  i.  209,  b. 
"AtrKwpitty  ii.  223,  b. 
•Aoirfs,  i.  458,  b. 
'Affirurro/,  i.  190,  a. 
*A<rffdptoyj  i.  211,  a. 
*A<rr4p9s  &7a9oiroto(,  i.  213,  a. 

„        Mkoivoi,  i.  213,  a. 

„       Koicoiroiol,  i.  218,  a. 
*A(rrpd$fi,  i.  742,  a. 
'Aar/KiTaXos,  i.  212,  a;  ii.  247, 

a;  ii.  759,  a. 
*A<rrpaya\wr'(i,  i.  864,  a. 
*A<rTptertia5  ypanp^f  i.  212,  b. 
" AffT poy,  T^,  i.  221,  b. 
*Aarpoyofjdaf  i.  214,  a. 
*AarTvy6fioif  i.  234,  a. 
*A(rvkia,  i.  234,  b 
''AfTvAov,  i.  235,  a. 
'AavydprriTcif  ii.  563,  a. 
'Ar/Xcto,  i.  236,  a. 
*ATifda,  i.  241,  b. 
"ArifMoSj  i.  242,  a. 
*ArKaytyuSf  i.  219,  b. 
•'AT\a»^€5,  j.  243,  b. 
'ArpoKTos,  i.  897,  b. 
'Attmc^s  TdEpoiicof,  i.  478,  b. 
*ArTUcovpy4s,  i.  245,  a. 
A^yyatoSf  i.  339,  a. 
A60^i^5,  i.  263,  a. 
AvAolo,  i.  259,  b. 
ACXtios  O^pOf  i.  661,  b. 
AvX^,  i.  259,  b;  i.  655,  b. 
AiKwrfis,  i.  417,  b;  ii.  841,  b. 
AbKip-iK^,  ii.  840,  a. 
AifKoB^Kfiy  ii.  841,  b. 
A2\o5,  ii.  161,  b. 
Ah\6sy  ii.  840,  a. 
A^XySio,  ii.  528,  b. 
AifTOKdfiiaXoi,  i.  516,  a. 


AfnoKpceropuc6sy  i.  340,  a. 
AvToKtiieOOoiy  ii.  977,  a. 
AinofJMXios  ypa^,  i.  263,  b. 
AirroyopdOf  ii.  682,  a. 
A{n6yopLOiy  i.  263,  b. 
A&ro<rxc9<curTiir^,  i.  514,  a ;  ii. 

859,  a. 
A6rorcX^f  8(in},  i  630,  b. 
*Apaip4<r€ws  9(iny,  i.  764,  b. 
*Apcdp€a'iSy  ii.  75,  b. 
*A^fuwrai,  i.  555,  a. 
*A^KUfiis  obfflof  i.  136,  a. 
"A^co-i;,  i.  964,  a ;  ii.  693,  b. 
*A(^«ra/,  i.  941,  a  ;  ii.  62,  b. 
"A^tToiy  ii.  935,  a. 
*AipiltTos  ripL4pay  ii.  750,  b. 
"Af^KoffToy,  ii.  211,  a. 
"A^oSof,  i.  664,  a. 
'AtpoppLrjs  ilmi,  i.  136,  a. 
*AippaKTos  yavs,  ii.  214,  b. 
*A<ppo9t<ruiy  i.  136,  b. 
'A^po5(<riof,  i.  340,  a. 
'Axo>iK6yy  r6,  i.  8,  a. 
*Axdy7iy  i.  10,  a. 
'Ax^o^idpos,  i.  266,  a. 
*Axirwy,  ii.  320,  b. 
"A^ipoiy  i.  130,  a. 
'A^isy  i.  4,  b ;  i.  578,  a. 
*A}lf(fx^y  Bimiy  i.  146,  b. 


B. 


BaZpdfiios,  i.  339,  b. 
BdBpa,  ii.  619,  a. 
Bo/ruXof,  ii.  774,  a. 
Boicnipia,  i.  265,  b ;  i.  628,  b. 
BoKXucfij  ii>  593,  a. 
B€tKaydypa,  i.  451,  a ;  ii.  467,  b. 
BaXayc?oy,  i.  266,  b. 
BoAoyc^i,  i.  268,  b. 
Ba\can>B6Kriy  ii.  467,  b. 
BdXayofy  i.  451,  a ;  ii.  467,  b. 
Bakdyrioy,  i.  565,  a ;  ii.  126,  a. 
BaXi3(5,  i.  644,  b ;  ii.  693,  b. 
BoXXciyTioy,  i.  565,  a. 
Bayavaitiy  i.  195,  a. 
Bairraly  i.  285,  a. 
BdpaBpoyy  i.  285,  a. 
BdpfiiToyy  -osy  il  106,  b. 
BapiSy  i.  286,  b. 
BapovKKOVy  ii.  107,  b. 
Baffoyiirraty  ii.  852,  a. 
BdaayoSy  ii.  851,  a. 
BoirlXcta,  L  287,  a ;  i.  293,  b. 
Boo-fXcioi',  i.  293,  b. 
Bao'iXcvs,  i.  168,  a ;  ii.  546,  b. 
Ba<riXJ8«s,  i.  332,  b. 
BaeiXiyZoy  i.  293,  a. 
Baffi^yyoy  i.  168,  a. 
BaffiKioSy  i.  340,  a. 
BflKrlXuro'a,  i.  168,  a;  ii.  202,  b. 
Bdffis,  ii.  558,1). 
BcurKctyioy  i.  827,  b. 
BdffKoyos  6^aKpi6st  L  827,  b. 
Bainrdpoy  i.  293,  b. 
BceHipy  ii.  693,  b. 
Baruucfiy  i.  294,  b. 
BauKd\7f,  i.  294,  b. 

3  T  2 


1012 


GREEK   INDEX. 


BavKd\iov,  i.  294,  b. 
Ba{fKa\iSy  i.  294,  b. 
BovkIBcSj  i.  294,  b ;  ii.  685,  a. 
Ba4»^f  ii.  3,  a. 
B^fiaulffffets  iimj,  i.  295,  a. 
B€\6irn,  i.  23,  b. 
Bc\oWs,  i.  23,  b. 
B^/ajSdI,  -i(,  i.  929,  a;  iL  906, b. 
BcvSiScuof,  i.  340,  a. 
BcvdJdcio,  1.  295,  b. 
B€poviKfis  06ffrfwxost  i.  223,  a. 
„        vKoKafiost  i.  223,  a. 
BnXds,  i.  987,  a. 
Bri/ia,  i.  295,  b;  i.  698,  a;  i. 

921,  a;  ii.  162,  a;  ii.  870,  a. 
B^tro,  'loVf  i.  296,  b. 
B^o-^a,  i.  296,  b. 
Biatos  rpoip'fif  i.  238,  a. 
Bieduy  iticfif  i.  297,  a. 
Bl$aiins,  ii.  594,  a. 
Bt0\ioypApoi,  ii.  60,  a. 
BifiKioSiiiefi,  i-  297,  b. 
BifiKioKdiniXoii  ii.  60,  a. 
BtiSAiov,  ii.  57,  b. 
Bi$\os,  ii.  57,  b. 
BiSoioi,  i.  298,  b. 
Bueos,  i.  298,  b. 
Bi($T,  i.  169,  b. 
BippoSf  i.  299,  a. 
BKdfiiis  Sfm?,  i.  122,  b ;  i.  299,  a ; 

i.  814,  b. 
BKa6niy  i.  332,  b ;  ii.  685  a. 
BKaCria,  i.  332,  b. 
Boay6s,  i.  299,  b. 
Booddof,  i.  338,  a. 
Bo7}9p6fua,  i.  300,  a. 
B<n}8po/A(^y,  i.  338,  a ;  i.  339,  a. 
BofiOoi,  ii.  344,  b. 
BoiiKouriaif  i.  766,  b. 
B60posy  ii.  832,  a. 

Boiwrdpx'lh  "Oh  i*  ^^t  <^* 
BoXb,  i.  384,  b. 

BofifiuKiOf  ii.  649,  b. 
BofAfivX'fiy  I  302,  b. 
Bofifiv\i6sy  i.  116,  b;  i.  302,  b. 
B6fJLfiv^,  ii.  840,  b. 
Bop^aafAoif  i.  308,  b. 
BopcacTft^i,  i.  308,  b. 
Boreu^ifffiSsf  i.  63,  b. 
Borayo/Aorre/o,  i.  647,  a. 
Bovay6p,  -os^  i.  299,  b. 
Boucu,  i.  43,  b. 
BovKdrtoSt  i.  338,  a,  b. 
Bo^KepaSf  -wsy  i.  70,  a. 
BovKibiov^  i.  294,  b. 
BovKoXoiy  i.  308,  b. 
BovAc^o'cws  yp34l»4iy  i.  313,  b; 

ii.  518,  b. 
BovXcvraf,  i.  309,  b. 
BovAcvT^pioi',  i.  313,  a ;  i.  577,  a. 
BovX^,  i.  309,  a. 
Bo^TvpWf  -01,  i.  319,  a. 
Bov^oy/a,  i.  636,  b. 
Bovipovi&v,  i.  338,  b. 
Bo&vaiy  i.  308,  b. 
BowT9}r,  i.  217,  a. 
Bpaj9c7f,  i.  44,  b. 
Bpofifvraij  i.  44,  b. 
Bpa(r/9cfa,  i.  316,  n. 
Bpavpdavuif  i.  316,  a. 
B/>axfoA.os,  i.  315,  b. 
Bpaxi6viov,  i.  315,  b. 


Bpox^s,  i.  244,  b. 
BpvroVj  i.  407,  a. 
Bi^jBAAi,  ii.  57,  b. 
BvK^,  i.  317,  b. 
Bvpc^its,  i.  542,  a. 
Bvp<ro8€^5,  i.  542,  a. 
Binrtos,  i.  339,  a. 
Bvfrfr6iy  i.  319,  b. 
Bw/Aoi^^iciif,  i.  303,  a. 
B«A*<^s,  i.  157,  a. 
BtfpcTs,  ii.  876,  a. 


r. 


rAyyc^xoPf  ii.  546,  a. 
rdXXoh  i.  899,  b. 
TdXuSf  i.  43,  a. 
ra^i}A(a,  i.  900,  b. 
TofAtiXinVf  i.  338,  a. 
rdfjLOpotf  i.  911,  b. 
rct/iOT,  ii.  130,  a. 
rdiftunst  ii*  395,  a. 
Tippowj  i.  578,  a. 
Taffrpw^in/ISj  ii.  856,  a. 
rauXJr,  i.  323,  a. 
rcA^orrcf,  i.  901,  a ;  ii.  876,  b. 
rcX»roiro<o(,    ii.    205,    b  ;    ii. 

344,  a. 
Ttw^Ktdkoyioy  i.  213,  a. 
Tiv^iovy  i.  285,  a. 
T€v4vuiy  i.  886,  a. 
r4v€<ris,  i.  213,  b. 
rwK^TOi,  i.  903,  b ;  ii.  877,  a. 
Nras,  i.  903,  a ;  ii.  559,  a ;  ii. 

875,  a. 
T^ptupai,  i.  639,  a. 
Upwos,  i.  986,  b;  ii.  593,  a. 
TtpayovXxoty  i.  986,  b. 
Ttpapcdy  i.  639,  a. 
rtpatrrios,  i.  339,  a. 
r/porrcs,  i.  912,  a. 
Tmwrloy  i.  577,  a ;  i.  912,  a. 
Tdppoy  i.  562,  a;  i.  699,  a;  i. 

916,  a ;  ii.  752,  a. 
TefHtfto,  i.  914,  a. 
Ttpuvlof  ii.  749,  b. 

rc/»«x^a»  i*  dl4,  a. 
r4^vpeif  ii.  456,  b. 
r€ipvpl(ttyj  i.  515,  a. 
T€^vpifffi6s,  i.  719,  b. 
Ttipvpiffral,  i.  515,  a.' 
Tcw/A^pot,  i.  911,  b ;  ii.  876,  b. 
riyyXvfxos,  i.  364,  b. 
riyypaSf  ii.  841,  a. 
rxevicor,  ii.  963,  a. 
rx^^ij,  ii.  963,  b. 
TkuwrtKii  <nppayt9wy,  ii.  601,  b. 
rA^^OKOi',  ii.  601,  a. 
T\(»<nroKOfi€7oPj  ii.  841,  b. 
TAwrra,  ii.  840,  a. 
IVo^^s,  i.  881,  a. 
Tirfiirios,  i.  25,  b. 
rpiiifMy,  i.  923,  b;  i.  972,  b;  ii. 

243,  a;  ii.  443,  a. 
To^s,  ii.  728,  a. 
rSfjuposy  i.  452,  b ;  ii.  538,  b. 
Topy^pOj  i.  362,  b. 
ropvuuos,  i.  339,  a. 


»» 
n 
ft 


TptdZtow  iXxi^povy  ii.  375,  b. 

t^p6v,  ii.  377,  b. 

Avicatrtor,  ii.  377,  b. 

ohcwTucSp,  ii.  375,  b. 

oucovpoyf  ii  377,  b. 
rpa^Afio,  ii.  613,  b. 
TpofifutrtTw,  ii.  753,  a. 

a;  i.  616,  b. 
„  ^petrpuciy^  i.  26,  a. 

Tpoftfiart^  i.  9,  b ;  i.  921,  b. 
r^ftftartStor,  i.  394,  a. 
TpofifiarurHis,  ii.  96,  b. 
Tpafifutr<^iZJLirKaKoty  iL  94,  b. 
Tpofifii,  ii.  390,  a ;  iL  693,  b. 
rpo/ifi^s,  Toi^cv  d<^  L  929,  .^. 
rpa^ibr,  iL  390,  a ;  iL  713.  b. 
rpa4»4,  L922,  a;  iL  389,  b. 
rpa^ill  ityofdov,  i.  43,  a. 
„      &7pa^(ov,  i.  49,  b. 

&7P«^^     /iCTciAAoD,     i. 

49,  b. 
dravfuix^ov,  L  123,  b. 
iuf^ptari^urfMVf  i.  1^  b. 
iarterifO'dms    rw    94ifaao^ 

L  134,  a. 
iarpoffraatov,  i.   146,  b; 
L  168,  a. 
„      ifyiaSf  L  184,  b. 
„      iipwayiis,  i.  933,  b. 
„      iatfi^iaSf  L  210,  a. 
„      iarpaertSaSt  i.  212,  b. 
„      tdnofit^iasy  L  263.  b. 
„      0av\tifffwSj   i.   313,  b. 

iL  518,  b. 
„      SciAfoi,  i.  212,  b. 
„      $€iuurfioVf  L  599,  b. 
„      BrifUKria,  i.  628,  b. 
„      ZatpoSoKiaSf  i.  599,  b. 
f9     Bwpo^fylasi  ii.  991,  a. 
„      Sc^i',  i.  599,  b. 
„      tlpyfiov,  i.  938,  b. 
„      i^aymyiiSf  i.  764^  a. 
„     ^raipiiinms,  L  958,  b. 
H      2S£a,  i.  628,  b. 
„      Upoffv?JaSt  i.  961,  a. 
„      KOKcyofiioVf  i.  43,  a. 
„      JcaroA^CMS   r«v   H^«S 

L  383,  b. 
„      icwrtiffKowriSf  L  38a,  a. 
„      JcAoirirs,  i.  462,  b. 
„      Kanvauriov^  L  123,  b. 
„      Xirwrrpariou,  L  212,  b. 
„      Anroro^^  L  212,  b. 
fiotx^las^  L  29,  K 
pofiUrfutros       ZmpBopas, 
iL  237,  a. 
„      fcrtof,  iL  991,  a. 
„      j^iyo^ov,  i.  43,  a. 
„      vapeufolaSf  ii.  339,  a. 
„      vttpar^funr,  ii.  339,  b. 
„      fopairp^fffifiaSf  ii.  342.  b. 
„      vapoymytltUt  ii.  491,  b. 
„      TwpH     T«r     cdekwivr.     L 

764,  a. 
„      vpoBoirlas,  ii.  500,  a. 
^opuc4,  L  739,  a;   i 

555,  b. 
avko^m'lasj  ii.  732,  i. 
rpavftaros   ix  wptmoUs^ 
ii.  868,  a. 
„      rvfifimpvxlah  ii-  ^13,  b. 


»» 


GREEK  INDEX. 


1013 


>» 


»» 


»> 


rpa^  TvpatnfiBos,  i.  168,  b. 
„      ffjBpctfr,  i.  982,  b. 
„      vvofioXriSf  i.  986,  a. 
„      ^opftoicc^cu,  ii.  382,  b. 
„      ^tipfidKctv,  ii.  382,  a. 

ii.  388,  a. 

p6yovy  ii.  386,  b. 

^cv5c77pa^Sy  ii.  518,  b. 

4'cv80ic\irrc(aS|  i.  456,  b; 
ii.  519,  a. 
Tpanfmc^^  u.  389,  b. 
Tptupis,  ii.  390,  a;  ii.  713,  b. 
rpi^Sf  i.  35,  b ;  li.  546,  a. 
rpoiT^fidxoi,  i.  936,  b. 
rp6(r^Sf  i.  936,  b. 
r^oAo,  ii.  77,  b. 
Ti^f,  i.  159,  b ;  ii.  161,  a. 
rvfiyaa-idfrxtii  i*  ^^8,  a. 
rvfufcurlapxos,  i.  928,  a. 
Tvfiydirtoy,  i.  925,  b. 
rv/Avcurra/,  i.  928,  b. 
rvfiv^ffioi,  i.  930,  b. 
Tvfuniratf  i.  190,  a. 
TvfJufiiTts,  i.  190,  a;  i.  930,  b. 
rvfiyoi,  i.  190,  a. 
Tv^oiraiS^a,  i.  931,  a. 
rvfiy6sf  ii.  248,  a. 
rvyaiKOK6(rfAOij  i.  931,  b. 
TvycuKoy6fioif  i.  931,  b. 
TvycuK^yiTUy  i.  660,  b. 
Tinfii  Xcwriic^,  ii.  377,  b. 

„     oHKriy  ii.  377,  b. 
r«Wa,  ii.  243,  a. 
Vt»pvr6sy  i.  170,  b. 


A. 

Adyvyoyy  ii.  526,  a. 
Aay^s,  ii.  526,  a. 
A<fiiaKp6piosy  i.  338,  a. 
AqSloy,  ii.  755,  b. 
Atfiovpytiy,  ii.  755,  b. 
A^ovp7^t,  ii.  755,  b. 
Af8ovx^0'a<ra,  i.  721,  b. 
AqUovxosy  i.  721,  a. 
Aattpiris,  i.  721,  b. 
AoiSoAa,  i.  592.  b ;  i.  593,  a. 
Aa<8a\cca,  i.  592,  b. 
Aofs,  ii.  755,  b. 
A<U(ri05y  i.  339,  a. 
AcutrvX^pai,  ii.  121,  a. 
Aaicrv\uty\6^s,  ii.  604,  a. 
AcuervKioO^KVf  i>  592,  b. 
AojcTt/Aios,  i.  129,  b. 
AdKTvXos,  i.  592,  b ;  ii.  161,  b. 
AdKios,  i.  339,  b. 
AaA/Aoriic^,  i.  594,  a. 
Aa/uu>cTeioy  y6nifftia,  i.  594,  a. 
Aa/iirpioSy  i.  338,  b. 
Aofiiovpyok,  i.  613,  a. 
Aofioffloy  i.  596,  b ;  ii.  441,  b. 
Aai^fn|5|  i.  596,  b. 
Ady€urfta     iifJuportp^wKovyf     i. 
833,  a. 
„  ^€p6w\ow^  i.  833,  a. 

Aoyctcrraf,  i.  179,  b. 
AdirtSy  ii.  761,  b. 


Aap9uc6sy  i.  597,  b. 
A^,  ii.  755,  b. 
Aanyro/,  i.  598,  b. 
Aa^yrip6posy  -la,  i.  597,  a. 
AtiyfJMy  i.  609,  b. 
Ac<Jct|Xt«rra(,  i.  514,  b. 
Ac(\t},  i.  635,  a. 
AciA/as  ypcupi^y  i.  212,  b. 
Athryoyy  i.  391,  b. 
A€iwyo<^6poiy  ii.  303,  b. 
Acica5apx^a,  i.  591,  a. 
AcicaSovx^Xf  i*  591,  a. 
AeKciirpa»TO(,  i.  599,  b. 
AcKopx^o,  i.  591,  a. 
AtKaafi6sy  i.  100,  a ;  i.  599,  b. 
AtKcur/iov  ypa^4\y  i.  599,  b. 
A€Kd(rr\K05y  ii.  777,  a. 
Acicar€^iy,  i.  316,  b. 
AcjcaretreU,  i.  604,  b. 
AeicoTcvr^pioy,  i.  604,  b. 
AcKiin},  i.  603,  a ;  ii.  233,  b ; 

ii.  772,  a. 
A€KaTfi\6iyoiy  i.  604,  b. 
AtKar7iif>6poi  aatapxcdy  i.  603,  b. 
AciraTwyfu,  i.  604,  b. 
AcX/tm-iic^,  i.  594,  a. 
A^Xroi,  ii.  753,  a. 
A€\r«T^y,  i.  218,  b. 
Ac\^(y,  i.  218,  b. 
AcX^fFia,  i.  611,  b. 
A€\<pisy\,  218,  b;  i.  611,  b. 
A4fiytoyy  ii.  17,  a. 
Ac^a^ci^,  ii.  429,  b. 
Atitocrrdrcuy  i.  420,  b. 
Afircu,  i.  617,  b ;  ii.  161,  b. 
AipQMVy  i.  470,  a. 
A^pfia,  i.  542,  a. 
AfpfJMruc6yy  i.  618,  b;  ii.  771,  b. 
AtofunoftaKdicTriSy  i.  542,  a. 
AfppiSy  i.  427,  a. 
AtcfUMp^KtuctSy  i.  942,  a. 
A^tr/Mtrfipiovy  i.  362,  a. 
A€<nro<rio»'avTai,  i.  940,  b;   ii. 

62,  b. 
Aiffrpoyy  i.  578,  a. 
Atvrtpayuyia^Sy  i.  966,  a. 
Awvrdptosy  ii.  964,  b. 
A^vrtpoXoyioy  ii.*746,  a. 
AcxntpoT^fioty  i.  889,  a. 
AiiyfMy  i.  876,  b. 
A^XuK,  i.  610,  b;  ii.  826,  b. 
AiiKuurreUy  i.  103,  a. 
Arifueywyciy  ii.  746,  a. 
ArifiapX^iovirtos,  i.  340,  a. 
A'fifiapx^h  i*  611,  b. 
Ariffnyopoiy  ii.  746,  a. 
Af^fAtirploy  i.  612,  b. 
Afifi-hrpios,  i.  340,  a. 
AfifJu^parcLy  i.  612,  b. 
Arifuovpyoiy  i.  9,  b ;  i.  612,  b ; 

ii.  757,  a;  ii.  876,  b. 
A^fuor,  i.  613,  a ;  i.  942,  b ;  ii. 

852,  a. 
ArifJt6Koufosy  i.  614,  a ;  i.  942,  b ; 

ii.  852,  a. 
Af^fioKparioy  i.  613,  a. 
ArifunrolrfTos,  i.  443,  a. 
AvfMSy  i.  614,  b. 
Afifi6a'M  ypdfificer Oy  i.  12,  b. 
Arnt6<ru>iy  i.  614,  a. 
Afifx6irioy,  i.  37,  a ;  i.  162,  b. 
Arifi6tnoSy  i.  942,  b. 


Atifu^ai,  i.  616,  a. 
AidfioBpoy,  i.  332,  b. 
Aic^ar^pio,  i.  619,  a. 
Aloises,  i.  429,  b. 
Autyp€itifuo'fA6sy  i.  695,  a. 
AiaypcuptiSy  i.  712,  b. 
Aiaypo/^y  iL  390.  a. 
Auxytiyioy,  i.  604,  b. 
AidSrifiOy  i.  619,  b. 
Aiaiucatrla,  i.  620,  b ;  ii.  385,  b. 
„  KKiipovy  i.  26,  a. 

„  rijs    iviKX'fipov,    1. 

747,  a* 
AiaS6ctiSy  i.  625,  a. 
Aid(ofiaiy  ii.  765,  a. 
Atd(wfjui,  ii.  721,  a. 
Am(uftaTay  ii.  815,  a. 
Aio^icai,  i.  945,  b;  i.  946,  a^ 

ii.  299,  b. 
A/aiTO,  i.  623,  b. 
AcainTTo/,  i.  620,  b. 
Ateurfirutii,  i.  623,  b. 
Atdxpioty  ii.  877,  a. 
AiaXcLfjifidaffiyy  ii.  84,  b. 
AuLfiapTvpioy  i.  122,  a. 
AiauaoTiywrtSy  i.  625,  a. 
Aidfitrpoi  ircUpciy  ii.  378,  a. 
Aiavoiudy  i.  625,  a. 
Autfxdiriueray  ii.  977,  a. 
Aioir^Xtov,  ii.  771,  b. 
AidffiOy  i.  626,  a. 
AidffTvXoty  ii.  777,  b. 
AiavAo8p<$fAot.,  i.  561,  b. 
AlwKosy  i.  581,  b;  ii.  163,  a; 

ii.  693,  b. 
AiaxctfOToWo,  i.  409,  b. 
AidxpwTOi  irtdpOy  ii.  378,  a 
Aueffl^urtSy  i.  625,  b. 
Aifiosy  i.  696,  a. 
AiSodricaActoy,  i.  417,  b;  ii.  94,  a. 
AiieuncaXlaty  i.  417,  b ;  ii.  865,  a. 
AiScuTKoAos,  i.  417,  b. 
AlBpaxfAoVy  i.  694,  b. 
Ai^vfAOiy  i.  219,  b. 
AceAxvoT^vSo  irou'^cty,  i.  928,  b. 
AiriytpTtKOy  ii.  136,  b. 
A<i}p€s,  i.  663,  b. 
AiUpaftfioSy  ii.  858,  a. 
AIkcu    HfifJiriyoi,    i.  478,   a;    i. 

730,  a. 
AUtWoy  ii.  66,  b. 
AinrSktOy  i.  636,  b. 
AuKcum^ptoy,  i.  626,  b. 
AacarHiSy  i.  627,  a. 
AiKotrriKoyy  i.  628,  a. 
AUtWOy  ii.  66,  b. 
Add},  i.  628,  b. 

„     kyeupylovy  i.  43,  b. 

„     cuKlcay  i.  94,  a. 

„     dLXayiovy  i.  99,  a. 

„     iyeeyttyiiSt  i.  121,  a. 

„     iofdStKosy  i.  144,  b. 

„     &ifcv  08crros,  i.  973,  a. 

„     &vo\e(i|>c«5,  i.  648,  a. 

„     inrovdfA^^twSy  i.  647,  b. 

„     &'wopp^<r€wSt  i.  138,  b. 

„     mroffroffiovy  i.  139,  a  ;  i. 
168,  a. 

„     inrh  avfifi6Kuyy  ii.  734,  a. 

„     iirp6a'KKrtT0Sy  i.  146,  a; 

„         i.  629,  a. 

„     iarpoareuriovy  i.  168,  a. 


lOU 

Aiicri  ii^fyvploVf  i.  185,  a. 

„  ainoTe\ifSy  i.  630,  b. 

„  iL^aipttrtusj  i.  764,  b. 

„  &<^op/i7)T|  i.  136,  a. 

„  i^vx^tyy  i.  146,  b. 

„  /ScjBouc^trcws,  i.  295,  a. 

„  fiiaiofVy  i.  297,  a. 

„  fikdfirisy    i.    122,    b;     i. 

299,  a;  i.  814,  b. 

„  iyy^s,  i.  737,  a. 

„  iK€tfOep(yrpaa'lovy  i.  1 23,  b. 

„  ifiiropiK^y  ii.  225,  a;   ii. 

338,  b;  ii.  734,  b. 

„  ivoiKiovy  i.  737,  a. 

„  i^atpetTetas,  i.  764,  b. 

„  ^(ovAtjs,  i.  815,  b. 

„  iftrpnipapx'hf^f^ost       ii. 

889,  b. 

,,  ipariK'fiy  i.  759,  a. 

„  Kd^wpfffteifs,  i.  923,  a. 

f,  KOKTjyoplaSy  i.  321,  b. 

„  KOKrjyopiovy  i.  321,  b. 

„  K€Uco\oyiaSt  i.  321,  b. 

I,  KtucoTfKvtuv,  i.  322,  b. 

p  KOKO^tyictSy  i.  978,  a. 

,,  Kdpirov,  i.  367,  a ;  i.  737,  a. 

„  KKoTrjif  i.  462,  b. 

„  \§iwofiapTvpiovy  i.  122,  b; 

i.  814,  b 

„  koi^opias,  i.  321,  b. 

„  oUltiSy  ii.  262,  a. 

„  olnrias,  i.  737,  b. 

„  irapaKaraBiiKritf  i.  136,  a. 

„  "wpotiiT^opSLiy  ii.  500,  b. 

„  •wpoiK6sy    i.    692,    b;    ii. 

678,  b. 

„  vpht  tiwpy  i.  973,  a. 

„  irirovy  ii.  678,  a. 

„  Sicvpto,  ii.  614,  b. 

„  <rvfi$o\al(i}Vy  or  (twOjik&v 

irc^mfidafMSy  ii.  734,  a. 

„  rifirir4iy  i.  630,  a. 

„  rpax«<a»  ii*  614,  b. 

„  tpoyiicffy  ii.  384,  b. 

„      xf»^M«^*«^»  i-  752,  b. 

„     ^cuSo/iapTvpcwv,  ii.  129,  a. 
AlKpayoVy  i.  894,  a. 
AlxpoTOy  ii.  223,  a. 
AUpow  ^u\oyy  i.  894,  a. 
AiKT^yyiOy  i.  634,  b. 
AlicTvoyy  ii.  299,  b ;  ii.  545,  a. 
Aifidx^h  i*  637,  a. 
Alfiirosy  ii.  767^  a. 
iCktouefia€oi>Sy  6  iirly  ii.  761,  b. 
Aii^KActo,  i.  637,  a. 
Aiovivia^  i.  637,  a. 

„        iv  iarrti,  or  /icyiiXa, 

i.  640,  a. 
„        KOT*  it-ypo^Sy  or  niKpd, 
i.  638,  a. 
Aioyvaiosy  i.  340,  a. 
A7osy  i.  339,  a ;  i.  340,  a. 
Aioarjfitiay  i.  647,  a. 
AtoffKo^pMy  i.  640,  b. 
AioffKoifposy  i.  340,  a. 
A(irAo|,  ii.  318,  b. 
AivXt/,  i.  521,  a. 
AirrKoiBioyy  ii.  903,  b. 
Anr\oU,  ii.  903,  b. 
Atr6\ia,  or  Aive^Xeto,  i.  636,  b. 
Alm-tposy  ii.  775,  b. 


GREEK  INDEX. 

Aim-vxth  i-  643,  b ;  ii.  753,  b. 
AlffKOSf  i.  644,  b. 
AUfKovpOy  i.  644,  b. 
AiirrdZiovy  ii.  163,  a. 
Aiarfyifiy  ii.  817,  a. 
AiroyoVy  ii.  193,  b. 
Ai^Bipoy  i.  641,  a;  ii.  58,  b; 

ii.  362,  b;  ii.  752,  b. 
Ai^tpiasy  ii.  375,  b. 
AiipO^piriSy  ii.  375,  b. 
Ailpposy   i.  577,  b;   i.  578,  a; 

ii.  618,  b. 
Ai^pos  oKXaBlaSy  ii.  619,  a. 
Aixi^Koy,  i.  630,  b. 
Aixdsy  ii.  161,  b. 
Atx6/AfiyiSt  i.  338,  a. 
Aixopioy  i.  421,  b. 
Atto$e\iay  i.  637,  a ;  ii.  826,  a. 
Ai6fio\ovy  i.  637,  a. 
Aitaytioy  ii.  832,  b. 
Autfioiriay  i.  121,  b. 
AloKTrpOy  ii.  854,  a. 
AtvTOs,  i.  115  a;  i.  640,  b. 
ASKayOy    rdj    i.     649,    a;     ii. 

700,8. 
AoKifuurioy  i.  649,  a ;  i.  739,  a. 
AoKtxo9p6iJLOt,    i.    582,    a;    ii. 

693,  b. 
A6\ixos,  i.  581,  b ;  ii.  693,  b. 
AS^Myy  i.  651,  a. 
A6fioiy  ii.  853,  b. 
A6ya^y  i.  329,  b. 
Aopdy  i.  542,  a. 
Aopdrioy,  i.  935,  a. 
AopetroOiiKif,  i.  935,  b. 
AopiiiAarToi,  ii.  656,  a. 
Adpirtta,  i.  134.  b. 
Aojntioy  i.  134,  b. 
Adpvoyy  i.  391,  a. 
A6pvy  i.  934,  b. 

Aopv^6poiy  i.  772,  b ;  i.  935,  a. 
A6<riSy  i.  947,  a. 
AovKosy  ii.  656,  a. 

Aoxm4  ii>  l^^v  ^* 
Ap<iicfl0v,  i.  217,  a. 

Apd(r<r€iy,  -^(rBaty  ii.  83,  a. 
Apaxji'hj  i<  694,  a ;  ii.  448,  b. 
Ap*irhrti^  Ap/ircu'oy,  i.  823,  a. 
ApOiTOi,  i.  887,  b. 
Ap6fiosy  i.  581,  a;  ii.  693,  b. 
Apv6xoiy  ii.  211,  a;  ii.  223,  b. 
Apv^currot,  i.  351,  a ;  i.  987,  b. 
Avfiayarai,  ii.  875,  a. 
AvfAowts,  i.  914,  a ;  ii.  875,  a. 
AiyofMy  i.  188,  b. 
AvKOOTc^o,  ii.  266,  b. 
Avyaroi^  ii.  233,  a. 
A^trrpoSy  i.  339,  a. 
A&fJLOf  i.  657,  b. 
A&pa,  i.  687,  b. 
Ae0po8oic(af  ypa^y  i.  599,  b. 
A&pov,  ii.  161,  a. 
A«po(cWas  yoa^y  ii.  991,  a. 
A&pwv  Tipo^f  i.  599,  b. 
Attir(K97y  i.  692,  a. 


'£av<$r,  ii.  314»  b. 
""fiop,  i.  233,  a. 


•Eyy^,  L  736,  a. 
•Eyyinjd^in?,  i.  1005,  a. 
'£77^5  8Lti7,  i.  737,  a. 
*Eyyuiy<rif,  iL  134,  b. 
'£7ircJcrn/iifVos,  i.  732,  b. 
'Eyjccrrp/s,  i.  331,  b. 
"EyicXiffui,  i.  629,  a. 
"EyxAijpos,  i,  746,  b. 
'E^K^/iiSwfUh  i.  732,  b. 
"EYicni/ia,  i.  732,  b. 
"EYimjcris,  L  732,  b. 
*£7im)Tiic<$y,     i.     616,     b;     L 

733,  a. 
'EyjcuicXtos  «iu8«£a,  ii.  95,  &. 
''E7ic<»iror,  iL  215,  a. 
'£7Xc<p^8coy,  ii.  525,  a. 
"£7x01,  i.  934,  b. 
•£7XWTpffEU',  i.  426»  b. 
'EyxwrrploTpiOL,  i,  427,  a. 
"EBa^Sy  ii.  223,  b. 
*E8ya,  i.  691,  a. 
'^SpVy  ii.  618,  b. 
"LtSya,  L  691,  a. 
'£0cXoirp^€yos,  i.  980,  b. 
Etaydsy  ii.  314,  b. 
EfiSoiAoF  fc^pojcos,  L  222,  b. 
Efiras,  i.  338,  b. 
ZiKoyuc6sy  ii.  377,  b. 
Ehcoroypeopleiy  ii.  389,  b. 
ElKotrri^y  i.  603,  a ;  i.  707,  b. 
Eiico<rTo}Jyosy  i.  707,  b. 
E.1\mT€5y  -aty  i.  939,  b. 
Eifuufy  i.  340,  a. 
Eipypuw  Bimiy  i.  938,  b. 
EtpeaiAyriy  ii.  526,  b ;  iL  581, 1. 
Eipfiyy  i.  707,  b. 
Elpiof,  L  319,  b. 
EtirdytWy  i.  708,  a. 
£i<ra77«A^  i.  708,  b. 
ElirayvytTsy  i.  708,  a. 
Elfftrfipia,  i.  710,  b. 
£i<nrK^Aa5,  i.  769,  a. 
ElmrotfiffBatf  i.  25,  b. 
EltnroirifftSy  i.  25,  b. 
£<oiroii|r<(5,  i.  25,  b. 
£i<r^^pciy,  i.  713,  a. 
Ela^topd,  i.  711,  a. 
*EKar6fji$aMy  i.  943,  a. 
'EKordfifiaios,  i.  339,  a. 
'Efcaro/t/ieu^v,  i.  338.  a. 
'£iraro/i3«vs,  i.  339,  a. 
'EKorofxfi'fly  i.  943,  a. 
'EKwrofi^yia,  i.  937,  b. 
*EKceroirr^y  iL  366,  a. 
''£iir7oro(,  i.  948,  a. 
'^irSiicos,  i.  703,  b. 
'^tciociSf  L  833,  a. 
'£jc€xctp^a,  i.  960,  a. 
*£jcicAi90^a,  L  697,  b;  t  914.  K 

irvp^a,  L  697,  b. 

AoxcTii,  i.  5**4,  t\ 

fUKpJi  i.  703,  a. 

wdfUftaSy  i.  697,  b. 

tfl^Aifrof,  i.  6V8,  a. 

^fMrrpun^,  L  503,  t. 
ISmkAittoi,  L  703,  a. 
*£Kic^icAiffia,     L    815,     a;     i*. 

816,  b. 
*£ffAo7c7s,  i  704>  a. 
*EK/ia7cW,  iL  125,  b. 
*EKfta^vpiay  i.  704,  a. 
'£jnrot«<r,  i.  25,  b. 


*Ejnro<ci(r0ai,  i.  25,  b. 
'Eirrc^s,  *Eirnj,  i.  937,  b. 
'KitTyffjL6ptoi^  i.  938,  a. 
"Em-viroy,  ii.  794,  a. 
"KxTtrwos,  i.  704,  a. 
'Eicri^«/ia,  ii.  794,  a. 
*RH^pdy  i.  886,  b. 
*KKipv?iXoipopla,  i.  310,  a. 
'EXa/a,  "EXcuoi',  ii.  262,  a;  u. 

976,  b. 
'EXcuof  ((poy,  i.  279,  a. 
'EXa(arr,  ii.  262,  a. 
*EAcu£yai,  i.  575,  b. 
*EAar^  u.  899,  a. 
'£Aa^((\M,  i.  713,  b. 
'E\et^fio\iAy,  i.  338,  a. 
''EAo^f,  i.  713,  b. 
'E\4y€u^  ii.  157,  a. 
"EAcor,  ii  157,  a. 
'EA^oAir,  i.  938,  b. 
'EAcv^pia,  i.  725,  b. 
*Z\ev09p9wpaalov  nltcri,  1 123,  b. 
•EAcw^rtio,  i.  715,  b. 
'EA^as,  i.  715,  a. 
'EA/ioi,  i.  216,  a. 
•EAi{,  L  939,  a, 
*£Aicv0Tfy8a  iralCuvy  i.  928,  b. 
'EAAayodficai,  i.  772,  a ;  i.  939,  a ; 

u.  271,  a. 
'EAAifvoTOfUoi,  i.  939,  a. 
*EAAt/icVtoy,  i.  726,  a ;  ii.  366,  a. 
'EAAi^yupro^,  i.  726,  a. 
*EW6fiioVj  i.  1002,  a. 
'EAAi6ria,  or  'EAAi^io,  i.  726,  a, 
"ZXvfio,  i.  159,  b. 
'E/iiScUAciy,  ii.  84,  a. 
'Eii0ds,  i.  727,  a. 
"Lfjifiaais,  i.  266,  b. 
*EfAfiartla,  i.  727,  b. 
'Efxfidmsy  i.  332,  b ;  u.  174^  b ; 

ii.  861,  b. 
*E/Ai3^iov,  i.  7,  b. 
''Efi$\fifia,  i.  727,  b. 
'EftiSoA^,  i.  186,  a. 
"Zfi$6KtfioSf  i.  338,  a. 
'E/i/3oAoy,  ii.  217,  a. 
"EfifioKos,  i.  578,  a. 
*ZfAti4\tiay  i.  422,  a;  ii.  862,  b. 
'E/ificA^f,  ii.  192,  b. 
"'EfifitiWL  BUcUf   i.    478,   a;    i. 

730,  a. 
*Efiircu0Tiiri)  rix^i  i*  325,  a. 
'E/iWAtfpoi,  i.  49,  a. 
'E/iircp^n}/Aa,  i.  841,  a. 
"E/iirAfiCToy,  i.  327,  b ;  u.  188,  a. 
^E/iirAf{ts,  ii.  764,  b. 
*Efivopiir^  liiaiy  ii.  225,  a;   ii. 

338,  b;  ii.  734,  b. 
'E^Wpiov,  i.  731,  b. 
"E^vopos,  i.  731,  b. 
"E/bi^vpoi,  i.  730,  b. 
*E/4^iJT«i;<ni,  i.  730,  b. 
*Ey«r)r(<r/iara,  i.  888,  a. 
"Eyoro,  i.  888,  a. 
"EySfSos,  ii.  755,  b. 
'Ei'SfSovf',  ii.  755,  b. 
"EySfi^if,  i.  733,  a. 
'EyScffo,  o/,  i.  942,  a. 
'EySovMu,  i.  661,  b. 
'Ei^fw/Js,  i.  735,  a. 
"EvSv/io,  i.  101,  b. 
*Y,v^wntwrpiwios,  i.  339,  a. 


GBEEK  INDEX. 

*£y«r(<rin|/iMa>    »•   337,   a;    ii. 

744  a. 
*Evct4  i.  840,  b. 
'Eir^vpa,  i.  735,  b ;  i.  832,  b. 
'Eyycwpovros,  i.  147,  a. 
^ErvHLTnplsy  i.  337,  b. 
*Lv6liiov,  ii.  546,  a. 

„        <r^/i/3oAoi',  i.  646,  b. 
*E¥oiKtov  ^iKTit  i.  737,  a. 
"EronrpoPf  ii.  688,  a. 
"EpToatSf  i.  737,  b ;  u.  780,  b. 
''EvTca,  i.  189,  b. 
*Evr6¥i0Vy  u.  853,  b. 
*Eimikmitu^  i.  769,  a. 
*Ei^io»r,  i.  1002,  a. 
"E^aT^T^,  L  727,  b. 
*E^ay«7^s  ypa/^ht  i>  764,  a. 
*E{aip^0'c»s  iiicfif  i.  764,  b. 
*E{a/tn-oy,  ii.  770,  b. 
'E^darvXos,  ii.  777,  a. 
'E^cyxvaoAcu,  i.  737,  a. 
*E{^po,  i.  765,  a. 
'E^€\ryfA4s,  i.  771,  a. 
'E{era<rra/,    i.    763,    a;     L 

813,  a. 
'Einrrrai,  i.  721,  b;  L  762,  a; 

i.  765,  b ;  i.  1039,  b. 
*E(^p€t5,  ii.  211,  a. 
'E^ifurovy  ii.  770,  b. 
*E|ir^pia,  i.  813,  b. 
'E^iJSio,  i.  813,  b. 
"E^oBos,  I  420,  b ;  ii.  864,  b. 
'E{o^At|s  ddn},  i.  815,  b. 
'E{»/x/5,  i.  814,  a;  ii.  321,  b. 
'Efytfiociof  i.  814,  b. 
'E^c^tfTpo,  i.  815,  a. 
'EopT^i  XofAwdLBoSj  ii.  4,  b. 
'ETOTTfA/o,  i.  738,  b. 
*Ew6SKXoVy  ii.  750,  b. 
''Evoiyos,  i.  892,  a. 
'Ewam-pis,  L  391,  b. 
'EvciA^cis,  ii.  919,  a. 
'EMtptroi,  i.  739,  a. 
'Evcur^io*',  i.  814,  a;  ii.  864»b. 
'ETt{4$8ia,  i.  813,  b. 
'ETfwoirrai,  i.  739,  a. 
'Evi^circu,  i.  745,  b. 
"Ewipia,  i.  135,  a. 
'Et/^Aii/m,  i.  101,  b. 
'Eti^oA^,  I  745,  b. 
'Ev/^oAof,  i.  578,  a. 
*Emfi^/M$,  i.  721,  a. 
'ETryo/i/o,  i.  445,  a. 
'Erriypaiifta,  ii.  843,  a. 
'Efiypa/pus,  i.  712,  b. 
*£TtSa^ia,  i.  718,  b. 
'EvtScmrfs,  L  397,  b. 
*Eiri8iicair/a,  i.  747,  a ;  i.  944,  a ; 

ii.  134,  b. 
*EwlBucos,  i.  746,  b. 
*Et(S4Jo-c»,  i.  748,  b. 
'Eirt(vylsy  it  853,  b. 
*Eirl^lJM,  u.  158,  a. 
*Eir<jcc^ai0y,  ii.  933,  b. 
*£ir(KAi|pof,  i.  746,  b. 
'EvlicKurTpov,  ii.  17,  b. 
'Efriieotyosy  ii.  424,  a. 
*Eir(irovpoi,  ii.  165,  a. 
*EWicptov,  ii.  211,  b. 
'EirUffCToi,  i.  787,  a. 
*Ewl\ovTpov,  i.  267,  b. 
*Exifu\rrrat,  i.  722,  a ;  i.  749,  a. 


f> 


19 


>» 


1015 

'Ewififikfirai    rov    iforoploVf    i. 
49,  a ;  i.  749,  a. 
rwy   KOKo^pyteVf   i. 

750,  a. 
TTJt  Kounjs  xpo<r6- 
hov,   i.   748,    a; 
ii.  761,  a. 
T«f  /wpt&v  'EAoi- 

wv,  i.  749,  a. 
rw  Mvorriplwj  i. 

749,  a. 
rmr    fff«p(c»r,     i. 
749,  b. 
„  iB&y,  i.  969,  a. 

„  T^i  wofiinis  T^  Ato- 

p^atfy  i.  749,  b. 
„  rStv    ffvfifiopiAy,  i. 

749,  b. 
„  rHy      ^vAwF,      i. 

749,  b. 
*EvlfiopTos  yv,  i.  938,  a. 
'Eiri/i^AiOf,  ii.  175,  b. 
*Eirird(pa<os,  i.  420,  b. 
'EirirAoJC^,  ii.  559,  b. 
'EwiwofnrlSf  i.  840,  b. 
^Ewl-wpoiKot,  i.  944,  b. 
*ExtpprifjM,  i.  422,  a;  i.  521,  a. 
*Ewi<rMy,  u.  223,  b. 
*Eviffturros  Sc^cpos,  ii.  377,  a. 
„  rry^fiiy,  ii.  377,  b. 

n  arpart^TfiSf  ii. 

377  a. 
•E»r<nj/ia,  i.  1011,' a;  ii,  72,  b. 
*Ewi^fioyy  i.  1011,  a. 
'EvtiTiefyrruy  c/s  "Apttoy  rrdyovy 

i.  178,  a. 
'Eirltnar^iSy  ii.  129,  a. 
'Es-fo'Koiroi,  L  750,  a. 
*ExiffKvpoSy  ii.  424,  a. 
*Efritnriira4rBaiy  i.  661,  b. 
'EvioiTMrT^p,  i.  989,  b. 
'Evitrrcinys,  i.  310,  b ;  i.  750,  a ; 
i.     771,     a;     i. 
772,  a, 
„  r£y  9rifA0<rlmy    fp- 

yvy,  i.  750,  a. 
„  T&y  ^drmyf  i.750,b. 

'Evi^roAc^f,  i.  531,  b. 
'EirtcrpdrrtyoSf  ii.  717,  a. 
'Evurr^Aioy,  i.  531,  b. 
'Ewifrawrpoyy  i.  578,  a. 
'Ewlroy/uLy  i.  779,  b. 
'Evn-cl^ta,  ii.  828,  b. 
*EiriTifUa,  i.  241,  b. 
'Ewlrt/ios,  i.  817,  a. 
'EiriroA^,  i.  224,  b. 
'Ewlroyoi,  ii.  17,  b ;  ii.  211,  b. 
*ETiTf»<Y)papx^fuiros     8Jkii,     ii. 

889,  b. 
'Eirirpor^ff  8(iny,  i.  752,  a. 
*EvlrpoiroSf  i.  751,  a ;  ii.  957,  b. 
*£irixcifH»roWa,  i.    168,    b; 

409,  b;  i.  697,  b. 
'Ewi^pdf  ii.  388,  a. 
'Eirtxwris,  i.  746,  a. 
^E-roucosy  i.  474,  b. 
'E«-^«Ta^  i.  720,  a ;  i.  723,  a. 
*Eiroirrcia,  i.  723,  a. 
'EvoxAe^s,  ii.  723,  b. 
'Evof^ia,  i.  723,  a. 
'Evw^cAto,  i.  752,  b ;  ii.  732,  b. 
'Er^s,  u.  728,  a. 


1016 

*Eir»y£a,  ii.  771,  b. 
'Ex«iyv/i0S9  i.  753,  a. 

„  r&y      7i\iKt&w,       i. 

753,  a. 

„         rShf  ^vKSov,  i.  753,  a. 
'ETWTiScf,  ii.  216,  b. 
'^paviipxnsy  i.  758,  b. 
^^pwii^wy  i.  758,  a. 
*Epayi«^  S^Ki},  i.  759,  a. 
*Epair«rra(,  i-  758,  a. 
"Eptiyoy  (rvyurrdu^aif  i.  758,  b. 
„       ffvWiytiy,  i.  758,  b. 
"Epayos,  i.  393,  a;  i.  758,  a. 
'Epfllyov  irA.t|f»MT^s,  i.  758,  b. 
"^£^70  iced  ilfi^fXUf  ii.  300,  a. 
"E^pya  fftpufrffKarOf  ii.  79,  a. 
'EpTotciir,  i.  901,  b. 
'Ep7(£yi7,  ii.  6,  a. 
'EffytuT'Hipioy,  ii.  153,  b. 
'Epyeurriyat,  iL  327,  a. 
*Epifiiy9osj  i.  69,  a. 
'LptTfii,  ii.  212,  a. 
*E/>«x^€(oy,  ii.  785,  a. 
'EptOoi,  ii.  771,  a. 
"Ept^f,  i.  218,  a. 
'Ep/uu;  i.  953,  b. 
"Ep/ioia,  i.  953,  b ;  i.  955,  b. 
'Epfuuos,  i.  339,  b ;  L  340,  a. 
"EpfutTOy  i.  1002,  a. 
*Epfia^66iroSf  i.  956,  a. 
'Lpfd^M,  i.  953,  b. 
'Ep/AoyAiM^eroy,  i.  954,  b. 
'EpftoyX^os,  i.  954,  a. 
*£pfiojKoir(5ai,  i.  954,  b. 
'Lpfi^ytiost  ii*  376,  b. 

„  ScvTcpos,  ii.  377,  a. 

*Epci^ta,  i.  760,  a. 
'Epfl0r(8ia,  i.  760,  a. 
'Epprjp6pui,  i.  194,  a. 
*£ppil4»dpoi,  i.  194,  a. 
*Ep<n7^(>pia,  i.  194,  a. 
'£p«n|^($pot,  i.  194,  a. 
'Epvierriptsy  i.  940,  b  ;  ii.  62,  b. 
"EvOiosy  i.  340,  a. 
'EaKafJLfiivOf  T<i,  ii.  365,  a. 
"Effowrpovy  ii.  688,  a. 
'E<rrJa,  i.  868,  a. 
*£<rru(0-tr,  i.  956,  b. 
'Eoti((t«p,  i.  956,  b. 
'Ecrxctpo,  i.  157,  a ;  i.  868,  a. 
'E^Xopcvi,  ii.  219,  a. 
'£(rxapfs,  i.  868,  a. 
*Eraipa  Zidfurpos,  ii.  378,  a. 
„      9i(ixP^*^oSf  ii.  378,  a. 
'Eraipeu,  i.  956,  b. 
'Eraipueu,  i.  470,  a ;  i.  759,  b. 
*ET€up^fr9ws  ypcuft-fif  i.  958,  b. 
'Eraupliioy,  ii.  378,  a. 
'EToipoi,  i.  777,  a. 
*ETcpo/A^Ki)t,  i.  188,  b. 
*ETfp6iropiroSf  i.  841,  a. 
"Etoj  Up6yy  ii.  939,  b. 
EK  ii.  306,  b. 
Evayy4\ios,  i.  339,  a. 
Ehau^plof  ii.  326,  b. 
Ehaffr^s,  ii.  3U6,  b. 
Eli(»yos,  i.  427,  b ;  ii.  315,  a. 
EievSiKiof  i.  121,  b;  i.  630,  a; 

ii.  338,  b. 
E{^6yn,  i.  762,  b. 
EMvyoiy  -aiy  i,  762,  b. 
Eit$vTOK(ay  i.  123,  a ;  i.  832,  a. 


GREEK  INDEX 

EM^oyoy,  ii.  853,  a. 
£i>it\cia,  i.  761,  a. 
EHftapiSt  i.  332,  b. 
£6/ioXW8ai,  i.  761,  a. 
Eifyiif  ii.  17,  a ;  ii.  218,  a. 
E^arpfBoi,  i.  762,  a ;  ii.  876,  b. 
EHrrvKos,  ii.  777,  b. 
Ed^^fbCiTc,  i.  646,  b. 
E^^fifa,  i.  646,  b. 
'E^airrlsf  ii.  321,  a. 
'E^cAxiKroo-deu,  i.  661,  b. 
*£^<ria,  i.  740,  a. 
*E<p4irta  ypdfifuerOf  i.  740,  b. 
*Elp4ffiSf  i.  144,  a. 
'E4>€trrpls,  I  101,  b;  ii.  321,  a. 
*E^^eu,  i.  740,  b. 
'E^jBcfo,  i.  739,  b. 
'E^ny/M*  ii-  424,  a. 
"E^^iSos,  i.  739,  b. 
'E^iiiyri<ris,  i.  734,  a. 
'E^i}fiffp(8cs,  L  213,  b. 
*Elplwwtioy,  i.  742,  a. 
*£^(inrtoy,  i.  742,  a. 
'E^lwwtos,  i.  581,  a. 
'E^oSc(a,  i.  377,  a. 
'E^N^io,  ii.  714,  b. 
'Ep69ioy,  ii.  954,  a. 
"E^opoi,  i.  723,  a ;  i.  743,  a. 
*£^v<^,  ii.  765,  a. 
*EX^Ai|,  i.  159,  b. 
•Exiwj,  i.  703,  b ;  u.  782,  b. 
"'E^fia,  ii.  963,  b. 
"E^iTis,  ii.  828,  b. 


Z. 


Zdjcopoij  i.  33,  b ;  ii.  571,  b. 
Zarp/itiof,  ii.  13,  b. 
Z4a,  or  Zcto,  i.  65,  b ;  i.  67,  b. 
ZtvyTrai,  i.  403,  b;  i.  774,  a; 

ii.  877,  a. 
Ztvyosj  ii.  840,  a. 
Zi}/iia,  ii.  835,  a. 
ZtiTiyralj  ii.  991,  b. 
ZtryriC,  ii.  213,  a. 
Zi^ioi,  ii.  215,  a. 
ZirxiTOi,  ii.  215,  a. 
Ziyoy,  i.  420,  b ;    i.  1034,  b ; 

ii.  105,  a;  ii.  685,  a. 
Zvyos,  i.  1034,  b ,  ii.  685,  a. 
Zvy»<riSf  ii.  800,  b. 
Zvdott  i.  407,  a. 
Zwypa^uy,  ii.  391,  a. 
Ztaypai^lay  ii.  389,  b. 
Zw/uo,  i.  428,  a ;  ii.  77,  b. 
Z«/A^f  /n^Xos,  ii.  750,  b. 
Zfi&n},  i.  190,  a;   i.  427,  a;   ii. 

815,  a. 
ZAyiovy  i.  427,  a. 
ZMo^posy  ii.  781,  b ;  ii.  992,  b. 
ZctoHip,  i.  427,  a ;  ii.  77,  b. 
Z^posf  ii.  992,  b. 


H. 

''HjSi},  i.  649,  b. 

*Hytfi6y€s  ovfifAoplas,  i.  712,  a ; 
ii.  737,  a. 


*Hy€fAoyia  SiMumtplov,  i  70ft,  1. 
'HTCAU&y,  ii.  476,  a;  iL  4«3,  K 
„       Tp«<ri3vn|f,  iL  376,  b. 
„       9€pdan»yy  ii.  377,  b. 
'^yeropioy  ii.  440,  a. 
'HSvrorfdcf,  i.  347,  b. 
'HOtb^ioir,  i.  488,  b. 
'HBiUt,  i.  488,  b ;  ii.  964,  ¥. 
'HAojraTiy,  i  897,  b  ;  iu  223,  b. 
''H\6icTpo»',  -Of,  L  714,  a. 
'HAia<rra^  i.  627,  a. 
*HKiorp6inoyj  i.  972,  b. 
*HAoj,  i.  452,  b. 
*'Hftap  ScfcAoF,  i.  635,  a. 

n^    lUaw,  i.  635,  a. 
'H/i&cpa  jcvptarov  i^ftov,  i  123*,  a. 

„      ti4<nh  i-  635,  a. 
'HfUpot  &Toi^p<£9cT,  i.  l:i8,  b. 
'H/MpoSoycurro^,  i.  83*2.  a. 
*Hfifpoip6fiot^  i.  941,  b. 
'HfitpoffxAwot,  i  941,  b. 
*H/a8iir\otS<oy,  ii.  904>  b. 
'H/&i«icrff^f',  i.  937,  b. 
*Hfu4ieroyy  I  937,  b. 
'HfUK^Xioy,  i.  941,  b. 
'H/i/\i7^f,  ii.  796,  a. 
'HfUftyo,  or  'Hfilya,  L   560,  a; 

i.  941,  b. 
'Hfux^ioy,  ii.  161,  b. 
'HfUTv$toy,  ii.  723,  a ;  ii,  944,  h. 
*B/ux^p*a9  i.  421,  a. 
'Hir/a,  i.  932,  a. 
'HyloxoSf  i.  218,  a;  L  580.  a. 
'Hpoio,  L  942,  b. 
'HpoMOf,  i.  338,  a;  i.  340,  a. 
'Hp<£ic\eia,  i.  942,  b. 
'HpaicAciScu,  ii.  876,  a. 
*HpeUXcto5,  i.  339,  a  ;  i.  340,  a. 
'Hpdcrtof ,  i.  338,  a. 
*Hpodyetia,  i.  760,  a. 
'Hp^oy,  i.  888,  b ;  ii.  643,  b. 
"HTpwv,  ii.  765,  a ;  ii.  770,  a. 
•Hx««o,  ii.  815.  b. 
'Ms,  i.  634,  b. 


e. 

S(up6sj  i.  364,  b. 
Sa\dfiun,  iL  215,  a. 
OaXafUTOi,  ii.  215,  a. 
eiUa/Aot,  i.  657,  b ;  iL  214^  a. 
eoAAo^poi,  ii.  327,  a. 
eoAviria,  i.  99,  a ;  ii.  809,  b. 
edfum,  ii.  964,  b. 
ecivTccx,  L  887,  a. 
aapT^Xio,  ii.  809,  b. 
Bapyfi?uAyy  i.  338,  a. 
Starpoy,  iL  814,  b. 
OeoTpowviXiis,  ii.  818,  a. 
S^orp^^Sy  iL  818,  a. 
BttXMtosy  i.  339,  b. 
B4/ia,  i.  213,  b. 
S4fuffr€s,  ii.  237,  b. 
Btayoyioy  ii.  '3(H},  K 
SecialatOy  iL  827,  a. 
OcoMo-ios,  i.  340,  a. 
BcoAoyftoir,  ii.  817,  a. 
eco^cWo,  ii.  827,  a. 


&to^4yios,  i.  339,  a. 
e<o^ay(a,  ii.  824,  b. 
OcpavcvTocol,  ii.  344,  a. 
^9pdietiw,  u  772,  a ;  i.  940,  b. 
„        ludowff  ii.  377,  b. 
„        T^TTi^,  ii.  377,  b. 
e^pfioffrplsf  i.  871,  b. 
94p/Ms,  i.  68,  b. 
94pQs,  i.  233,  a. 
O^crii,  i.  25,  b ;  ii.  558,  b. 
e^attJoBiraiy  i.  167,  b. 
^^<r/i6sf  ii.  238,  b ;  ii,  829,  a. 
^^afio^puif  ii.  829,  a. 
9€irfAo^t6ptoSf  i.  339,  b. 
^•trfio^piAv^  i.  340,  a 
Bcir/io^^Xajcfff,  i.  942,  :• 
^^roi,  i.  25,  b. 
Ocrro^otir^ai,  ii.  b64,  D. 
OcvScio'iof,  i.  339,  b. 
ecwpfo,  i.  611,  a;  ii.  825,  b. 
9c«p<jc(l,  ii.  825,  b. 
B€»pis,  i.  611,  a;  ii.  826,  b. 
^€wpolf  i.  611,  a;  ii.  825,  a. 
&7tKeu,  ii.  645,  a. 
e^pa,  ii.  936,  b. 
^VpifcKuoif  i.  347,  a. 
^vpiOfAdxoif  i.  297,  a. 
Bvploy,  i.  222,  b. 
B7i<ravp6st  ii.  779,  a ;  iL  828,  a. 
BTiatia,  ii.  828,  b. 
6^0'o'a,  i.  947,  b. 
e^€5,  i.  403,  b;    u.  836,  b; 

ii.  877,  a. 
e^oirof,  i.  758,  a. 
&10610S,  L  339,  b. 
Boiy^  yctfwcfi,  ii«  136,  a. 
&o\la,  ii.  976,  b. 
B6?iosy  ii.  514,  a;  ii.  836,  b. 
S6uK0Sf  L  45,  a. 
Opafireu,  ii.  215,  a. 
Bpriyvsy  ii.  211,  b;  ii.  618,  b; 

u.  837,  a. 
Spopiffftaij  ii.  300,  a. 
Bp6pos,  ii  157,  a;  ii.  837,  a. 
evc^o,  ii.  180,  b. 
0vi}irflAucJf,  ii.  300,  a. 
BvXcucos,  i.  314,  b ;  ii.  122,  a. 
BvfAdKrif  ii.  814,  a. 
BvfiittfHiptoVf  ii.  907,  a. 
et^po,  i.  987,  a. 

„     aUktiot,  i.  987,  a. 

„     i9a(r(Xctof,  ii.  817,  b. 

„     ictptaXOf  i.  663,  b. 

„    fiiffouKoSf  i.  662,  b. 

„    fi4rav\os,  i.  662,  b. 
Bupcof,  ii.  614,  a. 
Biiperpovj  i.  988,  b. 
BvpiUiy  i.  663,  b. 

^vptroSf  ii.  839,  a. 
BvpfSwy  i.  661,  b. 
0up«pc7o»',  u  661,  b. 
evp«p<$s,  i.  661,  b ;  i.  990,  b. 
dvirayot,  i.  859,  a. 
ev0'^  ii.  579,  a. 
euT^pioy,  i.  157,  a ;  i.  222,  b. 
BiLpQ^t  i.  578,  a ;  ii.  77,  b. 


GREEK  INDEX. 


I. 


*IaKxa7A^os,  i.  721,  b. 
lojcxos,  i.  718,  a. 
'lofi/Six^,  i.  516,  a. 
*Ia/lj9o^  i.  516,  a. 
'lar^ffcirHis,  i.  98,  a ;  i.  990,  b. 
*IaTf>cibir,  ii.  153,  b ;  ii.  918,  a. 
*Iarpiir^,  ii.  152,  a. 
*laTp6sj  ii.  153,  a. 
*larpfHrotpun"fiSj  i.  990,  b. 
^IfivKLvovy  ii.  595,  a. 
•'I-ydis,  ii.  180,  b. 
*Id<fl^f,  ii.  556,  a. 
*Iffpi  jBoT^,  ii.  588,  b. 
'I^HUo,  i.  721,  b. 
*UpiKiov,  i.  127,  a. 
'IcparciOf',  i.  292,  b. 
'IciMi^Ai75,  L  721,  b. 
'l/pcM,  ii.  568,  b. 
*\€pus  r&v  trwTiipcgVf  i.  959,  a. 
'Icpc^f,  ii.  568,  b. 
^Upoyofifjtarusy  i.  104,  a. 
*Upo9t9dffKa\os,  ii.  460,  b. 
*Up6iov\oif  i.  959,  a. 
*Upol  A^oi,  ii.  299,  b. 
'Upotcfipv^,  i.  721,  a. 
'Upo/uantia,  i.  646,  b. 
'Icpofiifir(a,  i.  960,  a. 
*Upofi^lJLOP€s,    i.    104,    a;     i. 

960,  b. 
'Iffp^y,  ii.  774,  a. 
'Icpoytmu,  i.  239,  a. 
'l9por6fMos,  ii.  460,  b.  . 
'UpoToiol,  i,  960,  b. 
'Icp^s,  i.  339,  b. 
'Upoir4$a<rros,  i.  339,  a. 
'Upoaicowla,  i.  646,  b. 
'IcpooToAcoTticdf,  ii.  300,  a. 
*Up6ip€ttn^a,  I  721,  a. 
'Upo^^Ka^,  ii.  460,  b. 
'IcpoovX^fltf  ypa^y  i.  961,  a. 
'Iffpo^i(ynrr,  i.  720,  b  ;  i.  761,  a ; 

ii.  460,  b. 
'IM/Aoia,  i.  1026,  a. 
'hcrniplOf  i.  210,  a. 
"Ijcpta,  ii.  211,  b;    ii.  539,  a; 

ii.  812,  a. 
•irrtwf,  i.  223,  b. 
•'IXai,  i.  777,  a. 
'Uoibr,  i.  339,  a. 
'Wdpia,  i.  961,  b. 
'Ifidirrts,  u.  217,  b. 
*lfjJants  mneriKoi^  i.  328,  b. 
'WrioF,  i.  520,  b ;  ii.  318,  a. 
'Ivtuch,  ii.  936,  b. 
'IWm,  i.  1011,  a. 
*l6s,  ii.  587,  a. 
'lo^Xiof,  i.  340,  a. 
*litv<n[\i,9oSy  ii.  794,  a. 
*lwisy  ii.  6,  b. 
'Ivmryp^cu,  i.  769,  b. 
'IwwapyLocriiSy  i.  769,  b. 
"Inrapxoty  i.  9,  b ;    i.  775,  a ; 

ii.  757,  a. 
•Iinr«if,  i.  403,b;  ii.  877,  a. 
'Ivv-ucay,  i.  962,  a ;  iL  163,  a ; 

ii.  695,  a. 
*Inr<of,  i.  581,  b. 
*Iinro/3drai,  i.  962,  a. 
'lnro8((/iiCia,  i.  962,  a. 


1017 

'Iwoap^Auof,  i.  338,  b. 
'Iinr^pOjuos,  i.  430,  a ;  i.  962,  a. 
'IvTM^pcu,  i.  965,  a. 
*I«vos,  i.  218,  b. 
'IwoTpo4»<a,  i.  775,  a. 
"Iwwov  irpoTOf»fif  i.  218,  b. 
"Ipny,  i.  707,  b. 
'Itnryoplof  ii.  658,  b. 
"IffefiM,  i.  1023,  b. 
lo'tffuoy,  ii.  178,  b. 
'l<r0fuoyiievsj  i.  1024,  b. 
*Io'<nro\iT€(a,  ii.  9,  b. 
*IiroTcAcis,  i.  923,  a;  ii.  747,  b. 
'Iffrlov,  ii.  217,  b. 
'I<rro/3oc^5,  i.  159,  b. 
'larMxrif  ii.  211,  b. 
'liTT^o^cT,  ii.  765,  a. 
•I<rrrfj,  ii.  217,  b  ;  ii.  764,  b. 
'I<rr«iy,  i.  663,  a ;  ii.  771,  a. 
"iTvf,  i.  458,  b  ;  i.  578,  a. 
*lpucparlBfSy  i.  332,  b. 
'IX^x,  i.  220,  b. 
'IxBifs  v&nos  or  /^Tas,  i.  223,  a. 


K. 

KoASoXiic^,  ii.  82,  a. 
Ka^lpui,  i.  319,  b. 
YiaZlvKQiy  ii.  516,  a. 
KiiSos,  i.  323,  a ;  ii.  516,  a. 
KaBaptioU  ii.  583,  b. 
KoBapffla,  ii.  103,  a. 
Kd»ap<ru,  ii.  101,  a ;  ii.  864,  b. 
Ktt$4Bpaf  i.  386,  a ;  ii.  618,  b. 
KdBeros,  ii.  373,  b. 
KdBoios,  ii.  833,  b. 
KaBv^4irws  bitat,  i.  923,  a. 
Kaidiasy  i.  390,  a. 
Katpos,  ii.  765,  a. 
Kaipw/tOf  ii.  766,  a. 
Koiotfpios,  i.  339,  a. 
KjedrpOy  -co,  i.  408,  a. 
KaniyopUu  ^itcti,  i.  321,  b. 
Kcucfiyopiov  Zlieiif  i.  321,  b. 
KoKKdfirit  -Of,  i.  321,  a. 
KoicoKoylas  ^Imi,  i.  321,  b. 
KaK0T9KMi&y  S/mj,  i.  322,  b. 
KdKwris,  i.  321,  b. 
KiiXaBos,  i.  330,  a  ;  i.  492,  b. 
KaAa/Ao/wy,  i.  339,  a;  i.  34«>.  a. 
KaXdfuyoSf  ii.  902,  a. 
KaJUifjdsy  i.  330,  a. 
Ka^MfuyXv^fy  ii.  601,  a. 
KdXofwsy  i.  329,  b. 
Ka\dffipiSy  ii.  944,  b. 
KoA^wp,  i.  331,  a. 
KakUiosy  i.  333,  b. 
Ka\Xiy4ytia,  ii.  834,  b. 
KoAAccpcu',  i.  646,  b. 
KaAX«rrcia,  i.  348,  a. 
KiXoi,  ii.  211,  b. 
KoA^ovf,  i.  873,  a. 
K(£ATtf,  i.  348,  b;  i.  985,  a. 
KaXinrn^p,  i.  849,  a ;  ii.  764,  a. 
Kd\m€Sy  ii.  217,  b. 
Kdfjua^,  i.  935,  a. 
Kofidpeiy  i.  171,  a;  i.  349,  b. 
Kdfiiyosy  i.  873,  a. 


1018 

KduLoy,  i.  407,  b. 

Ka/iwrfip,  ii.  693,  b. 

Kdya0os,  or  Kdyrafios,  i.  350,  b ; 

ii.  796,  a. 
KdyoBpoyf     or     KdyyaBpoPf     i. 

351,  a. 
KdyBapos,  i.  356,  a. 
Kay^^Xto,  i.  461,  a. 
KdyveifitSf  -of,  i.  71,  a. 
K(£ydvs,  i'  353,  b. 
KdytutVf  KavoGy,  i.  354,  a. 
Kay7f4f6pos,  i.  354,  a ;  ii.  327,  a. 
Kaydp,  i.  354,  b ;  i.  459,  a ;  ii. 

541,  b;  ii.  765,  a. 
Kam^Acior,  i.  387,  a. 
KimyXof,  i.  387,  b ;  i.  731,  b. 
Karylas,  ii.  970,  b. 
Kavvod6Kfit  i.  664,  a. 
KawvofuarrtloLy  i.  646,  b. 
KtnrvpU  iicTcuo,  ii.  323,  a. 
Kc^dfiioVf  Kdpafiott  i.  361,  a. 
Kap$ariyii,  i.  361,  b ;  ii.  684,  b. 
KopSoirciby,  ii.  176,  a. 
KapKiyos,  i.  219,  b ;  i.  429,  b. 
Kapy*drcUf  i.  366,  a. 
Kapytiot  i.  365,  b. 
KapytioSj  i.  338,  a ;  i.  339,  b. 
Kdpyv^f  ii.  902,  a. 
Kopiro/o,  ii.  593,  b. 
KdpwoffoSf  i.  361,  a. 
Kdpwfyroy,  i.  366,  a. 
KapTov  ^licn,  i.  367,  a ;  i.  737,  a. 
Kapvarisf  i.  368,  a. 

Kapx^^'<'*'»  i.  363,  b. 
Koffffipa,  i.  293,  b. 
KcurvUrtui,  i.  218,  a. 
Katra-irtpos,  ii.  167,  a. 
Kardfiains  us  ATSou,  ii.  299,  b. 
KaTcljSA.i7/Aa,  ii.  223,  b. 
KarafioKii,  ii.  771,  a. 
Karayvyiiy  it.  121,  a. 
Karay^ta,  i.  121,  a. 
Karay<iyiQy,  i.  387,  a ;  i.  978,  a. 
Karayvylsy  ii.  854,  a. 
KaraiwffriKdj  ii.  300,  a. 
KoToiTu^,  i.  571,  b ;  i.  899,  a. 
Kareuckriffla,  i.  698,  a. 
KaTcucoififiriKdj  ii.  136,  b. 
KardKOfios,  ii.  375,  b. 
KoToAXoT^,  i.  179,  b. 
KaroAoT^,  i.  422,  a. 
Kard\oyoSf  i.  383,  a ;  i.  805,  a. 
Kara\v<r«0S  tov  5^/aov  ypatpiif 

i.  383,  b. 
Kard\v<rts,  i.  387,  a ;  i.  978,  a. 
Karawa\Tatlf€<rlaf  ii.  857,  a. 
KarairdkTris,  ii.  853,  a. 
Karawttparripliif  i.  384,  b. 
KaerappdicniSy  i.  384,  b;  i.  989,  b. 
KaTfluriroir^s  ypa^^  i.  385,  a. 
Karaurrp^fULrOf  ii.  214,  b. 
Kard^peucTOiy  i.  383,  b. 
Karaxc(/N>roWa,  i.  409,  b. 

KaTax^(^Aurr<^  ii-  6^^?  ^* 
KonrcTTVflU',  i.  629,  a  ;  i.  737,  a. 

KaTcmurr^  twAtj,  i.  384,  b. 
Kamtyoploy  i.  922,  b. 
KseHtyopoSj  ii.  745,  a. 
KdroMoit  i*  781   a. 
Kdrom-poyy  ii.  688,  a. 
KaToptJrTciv,  i.  887,  a. 
KoTTv/bui,  ii.  685,  a. 


GREEK  INDEX. 

Karoxc^t,  i.  989,  a. 
VidTptyoi,  i.  159,  b. 
Kdfrm  rpix^os,  ii.  377,  b. 

„     TtrptxvM'^yoSf  ii.  377,  b. 
Kartoydicrif  ii.  362,  b. 
KaretyaKo^potj  ii.  362,  b. 
Ka^jcoAif,  i.  294,  b. 
Kavais,  ii.  391,  b. 
Kaurfiptoy^  L  414,  b ;  ii.  393,  a. 
Kea^tip^toy,  iL  723,  b. 
KtdZaSy  i.  390,  a. 
Kci|i^Aia,  ii.  934,  b. 
K^iptof  ii.  17,  b. 
Kfitpiirttoyf  ii.  785,  a. 
Kenp^^oAos,  i.  499,  a. 
KcAc^yrcs,  ii.  765,  a. 
KcA^foir,  i.  391,  a. 
KcAcvoT^s,  ii.  219,  a;  ii.  468,  b. 
K^Atis,  i.  391,  a;    i.  964,  b; 

ii.  223,  b. 
K«ra{,  ii.  559,  a. 
Ktyord^toy,  i.  397,  b. 
K^yravpoSf  i.  222,  b. 
Kfyrpoy,  i.  331,  b. 
Kivrp^y,  i.  404,  b. 
Kcpofo,  u.  217,  b;  iL  759,  b. 
Kcpatru,  i.  70,  a. 
Kcpo/ic^,  i.  842,  a. 
Kcfk^iOf,  ii.  968,  a. 
KcpcvJs,  ii.  763,  b. 
K4paf»os,  i.  842,  a;   i.  849,  a; 

ii.  763,  b. 
K4pa5f  ii.  565,  a ;  ii.  901,  a. 
Ktparioyy  ii.  675,  b. 
Ktpinyf  i.  406,  a. 
KepKfdcs,  ii.  765,  a ;  ii.  815,  a. 
Kc/NTOvpot,  KtpKOvpoSy  L  405,  b. 
KtpfioeriariiSi  i.  179,  b. 
Ktpvii^pot,  ii.  581,  a. 
KcpouAK^f,  ii.  218,  a. 
KeoT^f,  L  407,  b. 
Kc^^cuoi',  ii.  75,  b. 
KtifMK^j  I  186,  a. 
Kiinds,  i.  357,  b ;  ii.  546, 
Kiprala  B^pa^  i.  663,  b. 
K^os,  i.  976,  a. 
Ki|Tor((^ioy,  i.  405,  b. 
Kiipds,  i.  405,  b ;  ii.  753,  b. 
Ki^p^Kctov,  i.  322,  b. 
K^pv(,  i.  721,  a. 
K^pfl0/io,  i  406,  a. 
Kip-of,  i.  221,  a. 
Ki^^c^t,  i.  217,  a. 
Kifi^pioy,  i.  427,  a. 
Ki0mr6sj  i.  160,  b. 
KiyK\lZ€s,  i.  351,  a. 
K^Sopis,  ii.  839,  b. 
Kiddpa,  ii.  104,  b. 
KiOapu,  ii.  105,  a. 
KiBap^ta,  ii.  528,  b. 
KiKXlfias,  i.  427,  a ;  ii.  390,  b. 
KunfiffKOtf  ii.  645,  a. 
KunrvfiioPf  i.  439,  b. 
Kiffrri,  or  K«rrfs,  i.  439,  b. 
Kurro^pos,  i.  441,  a. 
Klrapis,  ii.  839,  b. 
Kl«»r,  i.  489,  a. 
KAi^fMO,  ii.  747,  a. 
KXapuTcUf  i.  555,  a ;  i  944,  a. 
KAetS^of',  i.  450,  b. 
KAffiSoiroids,  L  989,  b. 
KActSovxoi,  i.  452,  a ;  ii.  571,  b. 


KAciOpof,  i.  989,  a. 
KXtlsy  i.  450,  b ;  i.  989,  b. 
KXeitrias,  i.  988,  b. 
KAet^lo^^of,  L  422,  b. 
KKf^vBpa,  i.  973,  a. 
KXffpos,  i.  947,  a;  iL  756,  a. 
KXripovxiot  L  477,  a. 
KXripovxoif  L  477,  a ;  u.  8^2,  a. 
KAirrei^tir,  L  122,  b. 
KA^r^pci,  i.  456,  a. 
KX^fTop^s,  i.  456,  a. 
KXlfiaposy  i.  873,  a. 
KAi/ta,  L  468,  a. 
K\ifuuclB^s,  iL  224,  a. 
KKifuuc((ttyy  ii.  84,  b. 
KAi/uucfs,  ii.  855,  b. 
K\7fu^,  iL  212,  b;  u.  601^  a; 

iL  817,  b. 
KXlyify  ii.  14,  a;  ii.  17,  a. 
KXurrfip,  ii.  618,  b. 
KKiaiaSy  i.  988,  b. 
KAurd},  ii.  618,  b ;  iL  752,  a. 
KAt(r/4i(s,  ii.  618,  b. 
KXoidsy  L  302,  b;  L  470,  a. 
KXow^s  8/inr,  i.  462,  b. 

„      ypaip4h  L  462,  b. 
Kfo^^s,  L  881,  a. 
Kvc^oAAoir,  ii.  17,  b. 
Kr^iieu,  i.  578,  a. 
Kni^s,  ii.  260,  b. 
KpurfUsj  ii.  834,  b. 

K^7X^>  i*  ^^«  '^ 
K^opyos,  L  557,  b. 

Ko(Ai},  iL  854,  a. 

Koi/Aiir^ptoy,  iL  749,  b. 

Koawpucdf  iL  892,  a. 

KoiT»»r€s,  L  662,  a. 

K^Aoicfff,  ii.  344,  a. 

K6\a^,  u.  377,  b. 

KoAcnrr^p,  ii.  601,  b. 

KoKtdSf  L  919,  b. 

KoWafiifffiis,  iL  201,  b. 

K<i\Ai|0'tf,  iL  166,  b. 

KoAAvi3«0T^t,  i.  471,  a. 

K<$AAvi3o^  L  471,  a. 

KoAA^po,  -lor,  L  471,  b. 

KoXoaaiKurtpa,  i.  488,  a. 

Kokoff<r6s,  i.  487,  a. 

K^Atos,  L  427,  b. 

Ko\vftfiii»pa,  iL  429,  b. 

K^fitl,  L  496,  a. 

KofAfiLdrioyy  L  422,  a. 

Kofifidsj  iL  864,  b. 

K6yBv,  i.  526,  b. 

K6y^v\0Sf  ii.  161,  b. 

KoWa,  L  881,  b. 

KoWofio,  ii.  391,  a. 

Koyiwoits,  L  333,  a. 

KorCtfTpo,  ii.  814,  b. 

Korr^f,  L  540,  b ;  iL  212.  b. 

Kowis,   L  541,  a;    L   573,  b; 

i.823,a;  L  988,  be 
KovpMFcs,  L  664,  a, 
K^ctr,  i.  990,  b. 
K((pa{,  L  989,  b. 
K4$pSa{,  L422,a;  L  516,  a. 
K<i^,  iL  376,  a;    ii.  377,  b; 

ii.  526,  a. 
Kopurdla  K^n|,  i.  958,  a. 
KoptpBtdCfo^at,  L  958,  a. 
Kdpfta,  i.  407,  a. 
I  KapovXdBos,  ii.  794,  a. 


KopoirXdaniSt  ii.  794,  a. 
KopowKaariicfif  ii.  401,  a. 
Kopi/Boyrer,  i.  5o3,  a. 
Kopvfiayrucdj  i.  553,  a. 
KopvBaMfTuru6sy  i.  553,  a. 
K6pvfifios,  i.  497,  a. 
Kopvyrif  i.  450,  a ;  ii.  361,  b. 
K6pvs,  I  898,  b. 
Kopi/^alo,  i.  876,  a. 
Kopv^fluof,  i.  420,  b. 
Kop<&prif  i.  170,  a;  i.  989,  b. 
Kopwyis,  i.  551,  b. 
KoiTfirrrfis,  i.  553,  b ;  i.  928,  a ; 

i.  986,  a. 
Ko<rfiol,  i.  553,  b. 
K6aaa0o%,  i.  558,  b. 
KoffiTUfifiri,  ii.  3(^3,  a. 
Ko<rvfi$%  i.  521,  a. 
K6riyos,  ii.  272,  a. 
KoTTofitToy,  i.  558,  b. 
Korrdfiioy,  i.  558,  b. 
Kdrrafiosy  i.  558,  b. 
K<Jttut€J,  i.  560,  a. 
Kori/Xt},  -Of,  i.  559,  b ;  i.  590,  a. 
KoT^TTio,  i.  560,  a. 
Kov\f6y,  i.  919,  b. 
KovpcwTis,  i.  135,  a. 
KovpifjLos  wapBtpos,  ii.  376,  a. 
KoGpfii,  i.  407,  a. 
KovrdAif,  ii.  615,  a. 
K6<ptyoSy  i.  541,  a. 
Kox^idptoy,  i.  464,  b. 
KoxXfttj,  i.  463,  b. 
KoxXfi,  i.  463,  b. 
K6x\0St  i.  317,  b. 
KpdfifiaroSf  ii.  18,  a. 
Kpa8ti}s  y6tJL0tf  ii.  810,  a. 
Kptb'os,  i.  898,  b. 
KpacnrcSirai,  i.  421,  a. 
Kp<£(nrc8oy,  ii.  3,  a. 
KpoTcvro/,  i.  562,  b. 
Kparcvr^piov,  i.  562,  b. 
Kpar^p,  i.  222,  b ;  i.  560,  b 
Kpor^pfff,  ii.  299,  a. 
Kptdiypa,  i.  933,  b. 
KptfuiBpaf  ii.  817,  a. 
Kp4fifia\aj  i.  564,  b. 
KptoBedrritj  i.  596,  b ;  i.  772,  a. 
Kptowatkuoy,  ii.  106,  b. 
Kp^^ffiyoyf  i.  331,  b. 
Kprjycut  i>  ^'^6,  b. 
Kp^i'opxo^  i.  147,  b. 
Kp^wj,  i.  870,  b. 
Kprikwp{fXxuctSi  i.  147,  b. 
Kpi/ir^f,  i.  563,  a ;  ii.  863,  a. 
Kptdofiuyrttoj  i.  646,  b. 
KpUoiy  i.  989,  b;   ii.  223,  b; 

ii.  899,  a. 
Kpi6s,  i.  1H5,  b;  i.  219,  a. 
Kpiralj  i.  564,  a. 
Kpoic^t  ii.  765,  a. 
KpoKiffr6yy  '6s,  i.  564,  a. 
Kp6yi(if  i.  564,  b. 
Kpofftrol,  i.  859,  a. 
Kp6ra^joyf  i.  564,  b. 
Kporeuptff  ii.  116,  a. 
Kpo^ty,  i.  990,  b. 
Kpovfia,  i.  565,  a. 
Kpovyolf  i.  146,  b. 
Kpot^«^ai,  ii.  613,  b. 
Kpovir4(iaf  i.  591,  a;  ii.  614,  a. 
KpoDcrif,  ii.  199,  a. 


OBEEK  INDEX. 

Kpovfffuif  i.  565,  a. 
Kpvwrtlof  i.  569,  b. 
Kpinrri^,  i.  568,  b. 
Kpvirr^a,  i.  569,  b. 
Kp»/3^Xos,  i.  497,  a. 
Ktc^s,  ii.  360,  a;  u.  765,  a. 
KTfyi<rr^5,  ii.  360,  a. 
Kr^AUTo,  i.  732,  b. 
Krlffu  K6afunff  ii.  299,  b. 
Kva«05,  i.  589,  b. 
Kvdfios,  i.  68,  a. 
Kvoi^c^idiy,  i.  339,  a. 
Kv$tla,i.  695,  a;  ii.  11,  a. 
Kv/Scpr^cria,  it  828,  b. 
KvfitprfrniSf  ii.  219,  a. 
Kv/8<0T^pfff,  ii.  593,  b. 
K^fioSf  i.   571,  a;   i.  695,  a; 

ii.  799,  a. 
RvdyipoHmiSy  ii.  371,  b. 
K^icAo,  i.  578,  a. 
KuKXdst  i.  590,  a. 
K^icAos,  i.  47,  a ;  ii.  657,  a. 
K6ieyoSt  i*  218,  a. 
KiXiffts,  ii.  82,  b. 
KvXurcZa,  i.  346,  b. 
K6\iy9poSf  i.  590,  a ;  ii.  59,  a. 
K^Xi{,  i.  346,  b. 
KvXixyVi  'tSf  'lov,  i.  348,  a. 
Kviio,  i.  590,  b. 
Kv/AorfoK,  i.  590,  b. 
K^/A/9aXoy,  i.  590,  b. 
K^Ai/3^,  i.  590,  b. 
K^/uii9os,  lov,  i.  591,  b. 
KuWiy,  i.  898,  b ;  ii.  427,  a. 
Kvinrxfcrfa,  ii.  694,  b ;  ii.  936,  b. 
Kvnry^Tiys,  ii.  936,  b. 
Kwnrfrruthv  Biarpoy^  ii.  937,  a. 
Kvy6irovpa^  i.  216,  b. 
Kvy6ffovpiSf  i.  216,  b. 
KuFo^^mrtf,  i.  192,  b. 
K^eurvUf  ii.  944,  b. 
Kvpfioffioj  ii.  839,  b. 
K6pfi€tSf  I  264,  a ;  ii.  240,  a. 
Kvola,  ^,  i.  622,  b. 
Kvpioif  i.  135,  a. 
K^ptos,  i.  313,  b;    i.  592,  a; 

ii.  516,  b. 
Kvprls,  ii.  546,  b. 
Kw^4\iiy  i.  160,  b;  ii.  546,  b. 
K^y,  i.  221,  b. 
K(^«r,  ii.  844,  b. 
Kfltf«a,  ii  17,  b. 
KfltfXffyp^Tcu,  i.  469,  b. 
KtffXoKpiratf  i.  469,  b. 
K&Xoy,  ii.  560,  b. 
Kw/ioi,  i.  770,  a. 
KAfioSf  i.  640,  a. 
Ktfffji^la,  i.  514,  a. 
K^rcioir,  i.  942,  a. 
K&yos,  ii.  906,  b. 
Kmytrruoy,  i.  529,  a. 
Kc^,  i.  359,  b  ;  ii.  212,  a. 
KttTTi^,  i.  597,  b. 
KwovKOfutxiof    i.    553,    b;     i. 

930,  a. 
K^pvKoSf  i.  553,  b. 
KSf,  i.  362,  b. 
Kmfphy  9p6vuwo9f  i.  966,  a. 


1019 


A. 


Aa^4,  i.  359,  b;  ii.  83,  a. 
Aafils,  i.  872,  a. 
Aa$vptp6oSt  ii.  1,  a. 
AdyvyoSf  ii.  4,  a. 
Aaytt$6\os,  ii.  361,  b. 
AaTttNJs,  Acrydis,  i.  221,  b. 
AdivpoSf  i.  69,  a. 
AoKwytKodf  -d,  i.  333,  a. 

Aa/joniapx^^  ''•  ^»  ^* 
AofarairfipofJof  ii.  4,  b. 

AofiiraSii^opta,  ii.  5,  b. 

AofmBri^poif  ii.  5,  b. 

AofiwdZioyf  ii.  378,  a. 

AofiirdliiirTaSf  ii.  5,  b. 

Aofiwdios  iopT^  ii.  4,  b. 

Aa^waHovxos  iy^t  ii.  4,  b. 

„  Zp6fMs,  ii.  4,  b. 

Aa/Awdsf  ii.  4,  b. 

AooS^Ktof,  i.  339,  a. 

AdpyoKfSt  i.  887,  b. 

Adfya^,  i.  160,  b. 

Aarayuoy,  i.  558,  b. 

Actra^,  i.  558,  b. 

AoTOftioi,  i.  363,  b ;  u.  13,  b. 

Aariwvy  I  327,  b. 

AaOpoi,  iL  1,  a. 

AaOpf^y  i.  656,  a. 

AavpocrdrtUf  i.  420,  b. 

Ad^pidy  ii.  7,  a. 

Aa^vpow&KcUf    i.     596,     b;    L 

772  a« 
A^/ii?f|  ii.  13,  b ;  ii.  125,  b. 
Af  104,  ii.  765,  a. 
AMtwofUMprvplov  Blteri,  i.  122,  b; 

i.  814,  b. 
AtiTovpyiof  ii.  27,  a. 
Acic(£nf,  i.  558,  b. 
Aefcayi8{oy,  ii.  349,  b. 
AfKflUioy,  ii.  349,  b. 
AtKoylSf  ii.  349,  b. 
AtKoylffKth  ii.  349,  b. 
A4fifioSf  ii.  30,  a. 
Ae((5  tlpofi4rii,  ii.  77,  a. 
A^irodi^  i.  579,  b. 
Atwdtmif  ii.  31,  a. 
Atwrdf  ii.  74,  a. 
AtpyaM,  ii.  31,  b 
Accrx^y  ii.  31,  b. 
AwKhs  M\p,  ii.  375,  a. 
Af ^wfAO,  ii.  753,  b. 
Atx^pya,  i.  943,  a. 

A^«K,  i.  219,  b. 

Af^KiSeio,  ii.  31,  a. 

Ai;8c(pioi',  ii.  321,  a. 

ApdoSf  ii.  321,  a. 

AliKuOost  i.   117,  b;  i.  279,  a; 

i.  885,  b ;  i.  925,  a. 
A^Foio,  i.  638,  a. 
AiyatoSf  i.  339,  a. 
Ariyaluyf  i.  338,  b;  i.  339,  a; 

1.  o4v,  a. 
Aiiyoi,  i.  887,  b. 
Ariy6s,  ii.  217,  b ;  ii.  850,  a. 
Afi^iapxuchy     ypanfiart'ioyf     L 

26,  a ;  i.  616,  b. 
Afi^tipxoh  i*  698,  b. 
A^|i5,  i.  629,  a. 
Ai7po(,  ii.  67,  a. 


1 


1020 

AritrroaaKiriyKTaSf  ii.  901,  b. 
Aifitufofuunclof  i.  646,  b. 
Aifivptis,  ii.  222,  a. 
iit^vpv6v,  ii.  222,  a. 
Attfuca,  ii.  300,  a. 
\iBo$6\uij  ii.  67,  b. 
Ai9ofi6\os^  ii.  853,  a. 
AWof,  i.  901,  b. 

„      &MuSc(a$,  i.  178,  a. 

„      Sfiptws,  i.  178,  a. 
AiBorofdatf  iL  13,  b. 
AiKfiiinipls,  ii.  312,  a. 
Aiityovt  i.  573,  a ;  ii.  919,  a. 
AiKvo^pos,  ii.  919,  b. 
Alyoyt  i.  71,  b. 

Amovtunlov  yptt^f  i.  133,  b. 
AiwoffTparlov  ypa^y  i.  212,  b. 
AiiroTa^iov  ypaipifh  i>  212,  b. 
AltrrpioVi  i.  464,  b. 
AirpOf  ii.  69,  a. 
Aixcify  ii*  161,  b. 
Aoycioir,  ii.  813,  a. 
Aojurrait  i*  49,  a. 
AoyurHipioVf  i.  763,  b. 
Aoyurrfis,  i.  336,  a ;  i.  763,  a. 
AojioTucHlj  ii.  71,  a. 
AoyoypA^oh  ii.  77,  a. 
Aoyovotoi,  ii.  77,  b. 
Arfyxn,  i.  936,  a. 
Aoyxo^^poh  i«  ^35,  a. 
Aovrp6vy  i.  266,  b. 
AotSopiof  8£ict7,  i.  321,  b. 
AoTMioy,  ii.  349,  b. 
Aovrlipy  i.  267,  b. 
AovHipioWf  i.  267,  b. 
Aovrp6vy  i.  266,  b ;  i.  275,  b. 
„        yvfu^ucSyf  i.  269,  a. 
AovTpo^poSf    i.    269,    a;    ii. 

645,  a. 
A^^f,  i.  899,  a. 
Aoxoyolf  i.  769,  a ;  ii.  763,  b. 
A6XOS9  i.   769,  a;  i.  770,  a; 
ii.  763,  b. 

„      ipBios,  i.  771,  b. 
AuylC^iyt  ii.  83,  b. 
A^fcoio,  ii.  104,  a. 
Aufco^^eiof,  ii.  377,  a. 
A^fcoi,  i.  933,  b. 
A^pa,i.  217,  b;  u.  104,  b. 
Avx^c^oK,  i.  352,  a. 
AvxvloVf  i.  352,  a. 

A^X^^^t  ^^*  ^1»  ^' 

AvxyovxoSf  i<  352,  a ;  ii«  6,  b. 

A&oSi  i.  339,  a. 

Ac^Ti),  ii.  321,  a. 

A&TOSf  ii.  321,  a. 

AuTobvrnst  i.  144)  a;  i.  707,  a. 


M. 

Mdyadts^  ii.  106,  b. 
MoycipcM,  i.  47,  b. 
M<£7cipoi,  i.  394,  a. 
M(iC<vi.  394,  a;  ii.  151,  a. 
MaCoydfios,  -lov^  ii.  151,  a. 
Vicuiuuenipi^yy  i.  338,  a. 
Medaotyf  ii.  378,  a. 
Mcuawyucd,  i.  518,  a. 


GREEK  INDEX. 

MtbuXXa,  ii.  66,  b. 
Maicp6y,  i.  422,  a. 
MdUcrpo,  i.  2,  a. 
MdK&iu  ii*  753,  a. 
MaXX^f,  ii.  763,  a. 
Mdp^aXos,  i.  989,  a. 
McCvSpoi,  ii.  568,  a. 
MayS^,  ii.  322,  a. 
MdniSf  i.  558,  b. 
Mavrciby,  ii.  277,  b. 
MdyrtiSf  i.  645,  b. 
Mayrucfi,  i.  645,  a. 
Mdlpiis,  ii.  126,  a. 
MipiSt  ii.  126,  a. 
Mdpurroyf  ii.  126,  a. 
Map<r^toyf  ii.  126,  a. 
Maprvplof  ii.  126,  b. 
MaoT^f,  ii.  991,  b. 
Maoriyoy6fioif  ii.  129,  b. 
Macriyo^ipoi,  ii.  129,  b. 
Mdari^f  i.  864,  a. 

„        Ktpetfiuefif  i.  818,  b. 
McwxaXicrr^p,  i.  284,  b. 
Mix^pch  i*  572,  b ;  ii.  525,  a. 
Maxoiptoy,  ii.  525,  a. 
M (70X07^x1^^  ii.  389,  b. 
M4yapoyf  ii.  774^  b ;  ii.  831,  b. 
M^8i/iyor,  it  155,  b. 
M^of,  i.  407,  b. 
McioToryiJSf  i.  135,  a. 
Me(Xm,  i.  691,  b. 
MciX^xcu*  i-  328,  b. 
fitioy,  i.  135,  a. 
M/Xay,  i.  244,  a. 
McXaydoxciOK,  i.  244,  b. 

McXoyS^X^^'v  ^*  "^^y  ^' 
MeXoKTifpta,  i.  332,  a. 

M^Xof  &J^p,  ii.  375,  a. 
McX/o,  i.  935,  a. 
McXdcparoK,  ii.  967,  b. 
McXiTTOvro,  i.  885,  b. 
MfXXc(pi}K,  i.  707,  b. 
McXoiroita,  ii.  198,  b. 
MffvcXcUio,  ii.  157,  a. 
Me<ravXiOf  9i)pa,  i.  662,  b. 
M4c€Uf\os  Bipoy  i.  662,  b. 
MtoJififipieit  i*  ^35,  a. 
Mc<ro/3a0'iXc^s,  i.  1021,  a. 
Mtff^fiil,  i.  657,  a;  ii.  211,  b. 
Mt<r6Kovpos  'Kp6<r^aroSf  iL375,b. 

„         ifxp^  ii.  375,  b. 
M9ffo\a$€tyf  ii.  329,  a. 
Mtffotrrdreuy  ii.  853,  a. 
Mc<r^oixof,  ii.  345,  b. 
McTo3«(n}5,  i.  618,  b. 
McTo/SoX^,  u.  198,  b. 
MeraytlTyiOt  ii.  166,  a. 
McroyeiTi'iciv,  i.  338,  a. 
M^aXXoi',  ii.  166,  a. 
MtraaniFTplSf  i.  394,  b. 
Merdyarrpoyt  i.  394,  b. 
M^a(a,  ii.  650,  a. 

M«r^X<^'>  ^'  ^^>  ^ 
MeT(urTa(ris,  i.  420,  b. 

M^avXof  BvpOf  i.  662,  b. 

MertwpoXoytOf  i.  213,  a. 

MerolKiOf  ii.  748,  a. 

MtTolKioy,  i.  236,  a ;  ii.  62,  a ; 

ii.  168,  b;  ii.  771,  b. 

M4roiKoiy  ii.  62,  a ;  ii.  168,  a. 

Mrr6mi,  i.  489,  a;  ii.  170,  a. 

Merdwupoy,  i.  233,  b. 


MrrpnrHiSj  ii.  170,  b. 
Merpoy,  iL  158,  b. 
Mrrpoydfioi,  iu  170,  h. 
Mi|8iic^,  i.  69,  b. 
M^Xi},  i.  414,  b. 
M^y,  i.  338,  a. 

M»y,  i.  338,  b. 


»» 


„     ififidXifios,  i.  338,  a. 

„     ^2  8^«a,  i  33S,  b. 

„     Urrdfi^os^  i.  338»  a. 

„     kmXos,  i.  337,  a. 

„     X^*',  i.  338,  b. 

„     liMoSw^  i.  338,  b. 

„     wmtdfuyosj  i.  338,  b. 

„     irX^pqs,  L  337,  a. 

„     ^iywy,  i.  338,  a. 
M^iruo'ts,  L  702,  a. 
Mirrpayipreuj  i.  93,  b. 
Mi|rp4^oXi$,  i.  474,  b. 
M^p^ov,  i.  162,  b. 
Mi|rp^s,  i.  340,  a. 

Miixflu^y  ii*  1^7,  b. 
MfXior,  ii.  163,  a. 
fiiftoSf  ii.  172,  a. 
Mur0o^»6poif  ii.  164,  b. 

173,  b. 
MiffBtrroiy  ii.  164,  b. 
M/toi,  ii.  765,  a. 
Mfrpo,  ii.  174)  a. 
Mfrpq,  i.  190,  a ;  ii.  77,  b. 
Myo,  ii.  448,  b. 
Myola,  L  555,  a. 
Mr^oi,  L  555,  a. 
M^auccs,  i.  446,  b ;  i.  941,  a. 
M^()»v€f,  i.  446,  b ;  i.  941,  a. 
Moix^ias  ypa^pht  i-  ^d,  b. 
MoXv/9S(8cs,  i.  884,  a. 
MoXv/98<f,  u.  373,  b. 
MoXv/S^MoyTcla,  i.  647,  a. 
M^Xv/98os,  ii.  167,  a. 
Vkoyopx^o^  ii*  177,  a. 
Mov^y^ifios,  ii.  390,  a. 
Moyo/buix<M,  i.  916,  a. 
Moyo^<l^t,  i.  33,  b. 
Moyoj^fiOTOf  iL  390,  a. 
Morula,  ii.  864,  a. 
MdpOj  i.  769,  a. 
Mop^of,  i.  210,  b ;  ii.  263,  a. 
MopT^  i.  9oo,  a. 
Movyux^t  ii.  181,  b. 
Movrvx"^''*  ^  338,  a. 
Mo^cio,  iL  192,  a. 
MoiMTcibv,  iL  192,  a. 
MoueruHiy  ii.  192,  bu 
MoxX^f,  i.  989,  b. 
Mviyda,  ii.  201,  b. 
Mvrr^pcf,  ii.  81,  b. 
Mi/Xi},  ii.  175,  a. 
M^Xos,  ii.  175,  a. 
M^ai,  it.  81,  b. 
Mvpc^',  iL  977,  K 
MvputScs,  ii.  76,  a. 
Mvptoi,  ii.  201,  b. 
MiSp/ii|icf  s,  L  328,  b. 
Mvpo^ictopr,  L  279,  a. 
M^y,  ii.  976,  b. 
MvpoirwXoi,  iL  977,  b. 
Mvpp(yai,  i.  47,  b. 
MvpptylTiis,  ii.  967,  a. 
M^io,  u.  202,  a. 
Mvoroyt0y6st  >*  718,  a ;  i.  7.'l,b. 


GREEK  INDEX. 


1021 


MvffTOi,  i.  718,  a ;  i.  723,  a. 
Mvffra^,  iL  200,  b. 
MvffTffpiOf  ii.  202,  a. 
Mu<rr(Ai},  i.  394,  a. 
MvffTpoyf  L  394,  a ;  ii.  205,  a. 
M6<rrpos,  i.  394^  a, 
Miwjt,  i.  331,  b. 


»» 


?> 


»» 


>» 


»» 


»» 


»> 


N. 

NtiC/SAa,  ii.  106,  b. 
Sa6s,  i.  125,  a ;  ii.  774,  a. 
Sdpdniy  i.  864,  b. 
Sauapx^  ii*  206,  a. 
Savapxosj  ii.  206,  a. 
SadK\fipoi,  ii.  747,  b. 
SavKpapla,  ii.  207,  a ;  ii.  877,  b. 
Sa6Kpapo5,  ii.  207,  a. 
NaSf,  i.  292,  b ;  ii.  208,  a. 
tiavffroBfioyf  i.  191,  a. 
Nat/riieflU  avyYpcKpaif  i.  833,  b. 
Nai/rucol  T<{itoi,  i.  833,  a. 
NauTifc^y  BdyturfiOf  i.  833,  a. 
NavToSdnu,  ii.  225,  a. 
ttfovlffKos  iBwa\6sf  ii.  375,  b; 
ii.  377,  a. 
/A^Aos,  ii.  377,  a. 
oZKos,  ii.    375,  b; 

ii.^77,  a. 
vdyxpriuTost        ii. 

375,  a. 
vdMn/Kos,  ii.  375,  b. 
mfi9»xp^h  u.  375,  b. 
irawp6sf  ii.  375,  b. 
^wdpoyKoSf  ii.  375,  b. 
.,  a>xp6st  ii*  375,  b. 

NtKpS^uiryoyf  i.  887,  b. 
Ncicpo^dpoi,  i.  886,  b. 
Ncfrvo/ioyrffTor,  ii.  292,  a. 
Ne«n(o'ia,  i.  888,  a. 
Nf K^<riof,  i.  340,  a. 
Ne/icua,  ii.  228,  a. 
fit/itOf  ii.  227,  a. 
StfittOf  ii.  227,  a. 
Ne/i^(rcia,  ii.  228,  a. 
Neodafu68ftf,  i.  941,  a. 
Ncorcvructl,  K.  300,  a. 
Nfv/NJ<7ira0Ta,  ii.  526,  a. 
fitupSroroif  ii.  853,  b. 
li€WK6poiy  i.  33,  b;  ii.  228,  a; 

ii.  571,  b. 
Ncc6f>ia,  ii.  206,  a. 
Ncflis,  ii.  774,  a. 
Nftiffoucotj  ii.  206,  a. 
Krifia  iriipiK6v^  ii.  650,  a. 
N7i<rTc(a,  ii.  834,  a. 
Nfrpoy,  i.  881,  b. 
NoMf<5,  ii.  223,  b. 
NSfiiiffAa,  ii.  248,  b ;  ii.  687,  a. 
tJofxicfMros    tttupBopas   ypo^f 

ii.  237,  a. 
Uofioypdupoiy  i.  42,  a. 
HofioB^Sf  i.  168,  b ;  ii.  241,  b. 
N6fioSf  ii.  237,  b. 

„       Kpodd^f,  ii.  810,  a. 

„       irotfucof,  ii.  528,  b 
NofM^^XaK€Sf  ii.  237,  a. 
K Off 0K0fi€  toy f  ii.  917,  b. 


Nov/Ai?y(a,  L  338,  a. 
KovfifioSf  ii.  248,  b. 
Nv/A4>a7C07^5,  ii.  136,  a. 
N^^i^,  L  159,  b  ;  ii.  526,  a. 
N^o'o,  i.  964,  b;  ii.  693,  b. 
Nvx0^/Acpoy,  i.  634,  b. 


B. 


tU»BiK6s,  u  339,  a. 
Boi^^f  iy^pf  ii.  375,  a. 
UayB^tpos  iurfip,  ii.  375,  a. 
Bf  Dwyo^,  ii.  990,  a. 
U€V7iKaffi€h  ii.  990,  b 
BcWa,  i.  977,  b ;  ii.  827,  a. 
Bcy(af  ypa^j  ii.  991,  a. 
Htyuchy  r^Aof,  i.  49,  b. 
n4pos,  u  977,  b ;  ii.  164,  b. 
Bffiwycf,  i.  977,  a ;  i.  978,  b. 
UdoTfiSf  ii.  164,  a;  ii.  531,  a; 

il  668,  a. 
B(^f,  i.  919,  a. 
U6ayorf  I  592,  b;   ii.  698,  a; 

ii.  785,  a. 
Bu^Xt?,  i.  773,  a. 
B^Aa  AKorru,  i.  5,  a. 
UvX-fi^iov,  i.  377,  a. 
BvXoKotrfo,  i.  897,  b. 
B^AoK,  ii.  228,  b. 
Uvpias  iir^pi  ii.  375,  a. 
MvtrrdpxoSf  i.  928,  a. 
Buor/f,  ii.  321,  a. 
Bv0T^f,  i.  927,  a. 
B^orpo,  i.  268,  b. 


O. 

'Ofi€\i<rKOf^  ii.  252,  b. 
*0/3ffA4$t,  it  252,  b. 
'0/3oX<$f,  ii.  260,  a ;  u.  448,  b. 
*Ofio\ooTdrtUf  i.  832,  a. 
"OyKosy  ii.  375,  a ;  ii.  862,  a. 
*09ol  /SeurcX^Mu,  ii.  947,  a. 
'Oiotrrdypcif  i.  415,  b ;  i.  872,  a. 
'08oinrJ<r/iif7/«a,  i.  617,  a. 
*09oyT^ptfifuif  i.  617,  a. 
'O8oiroio(,  i.  968,  b ;  ii.  949,  b. 
'Ot6sy  o{ti6s,  i.  987,  a. 
*096ni,  u.  176,  a. 
*Oe6yioy,  ii.  649,  b. 
OUirris,  ii.  656,  b. 
OlK€Tuchy  iiw6Kovpoyy  ii.  375,  b. 
OM/Aoroy  i*  662,  a. 
OXin)<rtf ,  i.  654,  a. 
O/mir^pioi',  i.  654,  a. 
OIkIo,  i.  654,  a. 
OIkIos  Bifcrif  ii.  262,  a. 
OlKiffrfit,  i.  474,  b. 
OUotj  i.  662,  a. 
OiKoy6fMSf  ii.  957,  b. 
OTicof,  i.  654,  a. 
OU^ffcTOf,  i.  699,  b. 
OlKorplfiaioSf  ii.  656,  b. 
Ohc^rpti^,  ii.  656,  b. 


Oinipol  9€pdnroyr€s,  ii.  741,  a. 
Olyurr^pia,  i.  497,  b. 
Olvo^in},  ii.  964,  a. 
Oty6fi€\i,  ii.  967,  a. 
OJyoSf  ii.  962,  a. 
Oiy^^poy,  ii.  261,  b. 
Oiyox^j  ii-  740,  b ;  ii.  .982,  a. 
Olyox^otf  ii.  741,  a. 
OTvtfirff,  ii.  876,  a. 
*OTar6s,  i.  218,  b;  ii.  587,  a. 
OUtyurrai,  i.  248,  b. 
OlwytaruHii  i.  646,  U 
OluyoftdyrtiSt  i.  248,  b. 
OWotrJXos,  i.  248,  b. 
O^yo<ric4iirot,  i.  248,  b. 
"'OacXeur/AO,  ii.  834,  b. 
*Oicp(/3as,  ii.  390,  b;  ii.  813,  b. 
*OtCTturriplsy  i.  342,  a. 
*Oierdorv\oSf  ii.  777,  a. 
*OXl7apx^     i*     ^87,     a;      ii. 

266,  a. 
"OKfjuoy,  ii.  840,  b. 
"OkfjMs,  ii.  180,  b. 
'OX/Mf,  ii.  893,  a. 
'OXoicavTciy,  ii.  584,  a. 
*0\o<r^vpf1ira  tpya,  ii.  116,  b. 
'OX^ftirta,  ii.  268,  a. 
'OXvftiricls,  ii.  274,  a. 
'OXu/AVioi^rirai,  i.  239,  a. 
''OXvpa,  i.  67,  b. 
'O/(07d(XaKTcs,  ii.  877,  a. 
*0/ioioi,  i.   447,  b ;   i.   596,  b ; 

i.  969,  b. 
'0^X07(0,  ii.  746,  b. 
'0/AoX<6<or,  i.  339,  b. 
'OfAO^yla,  ii.  193,  b. 
*0/A^aXos,  i.  458,  b ;  ii.  59,  a. 
*Oytarai,  u.  875,  b. 
*Oyfip<nroXla,  i.  647,  a. 
"OyivKoSf  ii.  853,  b. 
"OyofJM,  iL  233,  a. 
'Oyofuurrucdj  ii.  300,  a. 
"Orof,  ii.  175,  b. 
'Oils,  i.  7,  b. 
"OJof,  ii.  966,  a. 
*oiv04^toy,  i.  7,  b. 
*o|^^a^oy,  i.  7,  b ;  i.  591,  a. 
*0(u7pd^i,  ii  244,  a. 
'Oi6/i€\i,  u.  967,  b. 
'O^vrMeuca,  i.  347,  b. 
"Oxaioy,  i.  723,  b ;  ii.  783,  a. 
*<hHi,u,  170,  a;  ii.  782,  b. 
*Ovur969ofios9  ii.  777,  b. 
•OirXo,  i.  189,  b. 
•0»XiyT«»,  i.  901,  b;  ii.  876,  b, 
'OvXlrcu,  i.  190,  a. 
'OwXlrris  9p6fAos,  i.  582,  a. 
'OirXtroSpoft/o,  ii.  5,  a. 
'OrXiToSp^/xot,  i.  582,  a. 
'OirXo^Ki?,  i.  190,  b. 
*OrXoy,  ii.  854,  a. 
'OwriipM,  ii.  136,  b. 
*Oin^  i.  233,  a. 
''Opyayoy,  ii.  107,  a. 
'Oyr/cwvcf,  i.  903,  b. 
"Opyta,  ii.  202,  a. 
'OpTvui,  ii.  162,  a ;  u.  297,  a. 
"Oprffta,  ii.  162,  a. 
*Op§(xa^os,  iL  297,  a. 
'Ope^^wpoy,  ii.  161,  b. 
'OpBwrrdfnis,  ii.  854,  b. 
*Opurral,  i.  972,  a. 


1022 

'Opicoi,  iL  300,  a. 
*OpK0St  i.  1045,  a. 
•Op/Aoy,  ii.  178,  b;  ii.  594,  a. 
'OpviBorpo^lOf  i.  78,  a. 
"OpyiS,  i.  218,  a. 

„      dfo\or,  i.  218,  a. 
^OpofioSf  i.  70,  a. 
'Opoiy  i.  127,  a;  i.  971,  a. 
'OpvavoBucaffralf  i.  752,  b. 
"OpvjfAO,  i.  285,  a. 
*Op^avo^<;Xaicef,  i.  752,  b. 
*Op(p6sf  i.  221,  a. 
*'Opx^^**t  "•  ^92,  b. 
*Opxn(rrolii9da'KaKos,  i.  967,  a ; 

ii.  594,  b. 
*Opx^(rrpaf    ii.     811,     b;    ii. 

814,  a. 
*0(rioi,  ii.  283,  a. 
*0<rit»T'fipf  ii.  283,  a. 
*0<rrpaKipia,  ii.  306,  a. 
*0trrpaKia(i6sy  i.  818,  a. 
*0<rrp(utavy  i.  842,  a. 
'Oerxo^^pto*  ii*  303,  b. 
'0(rxo^<$poi,  ii.  303,  b. 
OWdj,  i.  987,  a. 
OuXa/iioI,  i.  769,  b. 
OSAos  Btpdiruv,  ii.  377,  b. 
Ovpay6sy  i.  770,  b ;  i.  784,  a. 
Ovpatfia,  ii.  423,  b. 
OhptdxoSf  i.  935,  a. 
Owrlas  Biierii  i.  737,  b. 
"O^eir,  i.  191,  b. 
*0^tovxos,  i.  218,  a. 
"O^is,  i.  217,  a;  i.  218,  b. 
'Ot^uyiaa-fUsy  ii.  714,  b. 
^Oxtl^i^t  i-  4^59,  b. 
"Oxtwo*'*  i.  459,  b, 
'OxAoKpoTJa,     i.    614,    a;     ii. 

260,  a. 
'O^fo,  i.  635,  a. 
"O^ov,  ii.  276,  b. 
*Oiffoir»AcW,  ii.  106,  b. 
'Oi^oitmAIo,  ii.  106,  b. 
'O^oipdyos,  ii.  277,  a. 
*0^^vtoy^  ii.  714,  b. 


n. 

TlayKparta<rT<ity  ii.  324,  b. 
TlayKpdrioVf  ii.  324,  a. 
XldyxptlffroSf  ii.  377,  a. 
ITaiiv,  ii.  307,  a. 
TlcuiayotytToVt  ii.  05,  b. 
Tlcu^aywy6sf  ii.  307,  b. 
nai8api(6yff,  i.  48,  b. 
ncuSfpeurrlof  i.  926,  a. 
ncu8i<rKe(oi',  i.  957,  b. 
UaiSoySfioSf  ii.  308,  a. 
naiiorpifiaiy  i.  928,  b  *,  ii.  312,  b. 
ITaiSvycf,  i.  48,  b. 
nai^wy,  ii.  307,  a. 
Ilaiwyiov,  ii.  918,  a. 
ndKaifffiOj  ii.  82,  a. 
Xla\aifftio<rvyrit  ii.  82,  a. 
naAaMTT^,  i.  571,  a;  ii.  161,  a. 
TlaKaiarpOf  ii.  312,  a. 
na\cuaTpofp6\aK(Sf  i.  929,  b. 
ncUi;,  ii.  82,  a. 


GREEK  INDEX. 

UaKvyKdwiiXjfSf  i.  387,  b. 
TlaXlyropost  "ov,  i.  170,  b;   ii. 

855,  a. 
noAAcuc^,  i.  525,  a ;  ii.  377,  b. 
noAAoir^,  i.  525,  a. 
noAr^r,  L  934,  b. 
nofi^curiXe/a,  ii.  177,  a. 
Ila/i/ioii^ia,  ii.  324,  a. 
UafjifioiArios^  i.  338,  b. 
ndfjitJMXoiy  ii.  324,  b. 
lidii^vKoiy  i.  914,  a ;  ii.  875,  a. 
noyaytis,  i.  721,  b. 
Ilaya^Mua,  ii.  324,  a. 
ndyo/ios,  i.  338,  b ;  i.  339,  b. 
HdyZtOj  ii.  333,  a. 
UomZok^Iov^  i.  387,  a ;  i.  978,  a. 
naySp^o'ccoK,  ii.  785,  a. 
Ilai'cAA^i'ta,  ii.  334>  a. 
UcarttyvptSj  ii.  333,  b. 
ndyripMs,  i.  339,  a. 
YlaMiAvM,,  ii.  334,  a. 
IlavoirAtil,  i.  190,  a. 
nav^^M,  ii.  526,  b. 
Utunifufiost  ii.  334,  a. 
UdvToSy  ii.  377,  b. 

„       crcpos,  ii.  376,  b. 
„       irp«TOf,  ii.  376,  b. 
Hdwvposy  ii.  57,  b. 
naf>c(/3a0'if,  i.  422,  a. 
Uapafiias,  -i},  i.  407,  a. 
Uapa^Kiowy  i.  144,  b ;  ii.  336,  b. 
Uapd^Kov,  i.  144,  b ;  ii.  336,  b. 
TlttpayvaBi^tSy  i.  899,  a. 
UapayvaBihiOVy  i.  876,  b. 
napa7pa^4,  i.  122,  a;  i.  753,  a; 

ii.  338,  a. 
nofxrydtfT^,  i.  770,  b. 
Tlapayii^Sj  ii.  945,  b. 
nap(iift<ros,  ii.  338,  a. 
UapaZoloylicuSf  i.  239,  a. 
nopoff^in),  ii.  337,  b. 
TlapaBipOj  i.  987,  a. 
TlaptufidrrfSf  i.  580,  a. 
najKUcara/ScUActy,  i.  947,  a. 
napoKOTa/SoA^,    i.    106,   a;    i. 

123,  a;   i.  137,  b;   i.  629,  b; 

ii.  337,  a. 
napojcara^^jn),   i.    136,  a;    ii. 

337,  b. 
napcuccrra^iCTif  Mm},  i.  136,  a. 
Ilapaicpo^f  ly,  ii.  84,  a. 
Uaoa^jiraiy  ii.  826,  b. 
n^oAoi,  ii.  826,  b ;  ii.  877,  a. 
ndpaXos,  ii.  826,  b. 
napdfuaos  idxrvKos,  i.  130,  b. 
Tlapofjirioiiia,  ii.  369,  a. 
IlapaMouu  yptufr^f  ii.  339,  a. 
tlapaySfJMP  ypa/p^,  ii.  339,  b. 
Tlapdyvfi^Sf  ii.  136,  a. 
Tlap€L^6vioyf  i.  578,  a. 
TlapcarirafffUi,  i.  259,  b. 
napair^/Mrra,  i.  223,  b. 
Hapavpta-fi^ia,  ii.  341,  a. 
Tlapaapw^tias  ypa^f  ii.  342,  b. 
napairvX(s,  ii.  467,  b. 
Tlaptipp6fiara,  ii.  223,  b. 
Uapaa-dyyris,  ii.  163,  a;  ii.  343,  a. 
UapdiffrifAoyf  i.  1011, a;  ii.  216, b. 
UapdffiroSf  ii.  343,  b ;  ii.  377,  b. 
napaffK^ytoy^  i.  421,  b ;  i.  966,  a ; 

ii.  817,  b. 
Uapeurrdits,  i.  125,  a. 


». 


napeurrds,  i.  125,  b ;  i.  662.  b 
napcurrcurc,  yahs  ^r,  iL  77.\ 
napdtrrwriSjL  629,  b;  iL  344, » 

a.  771,  b. 
napturrdrai,  i.  420,  b ;  i.  942,  a 

ii.  217,  b;  u.  853,  a. 
napdra^ts,  ii.  220,  b. 
nopaWArpMu,  i.  98,  a. 
Uaparpuvtiiueray  ii.  840,  h. 
UapaupmviOf  ii.  199,  b. 
napaxop^fia,   u    418,    a;    L 

966,  a;  u.  818,  b. 
Tlapdxpvfios,  ii.  375,  b. 
napaxvnys,  i.  268,  b. 
Tlapta^aroyf  ii.  378,  a. 
nopry^povToi,  ii.  345,  a. 
nap4yypa^i,  ii.  345,  a. 
nmiploj  ii.  345,  a. 
nd^>c8poi,  ii.  344,  b. 
napc/t/3^[AA(ii',  iL  84,  a. 
Ilapc^cipcWa,  iL  216,  b. 
nofr^loy^  i.  876,  b. 
Ilap^opos,  i.  579,  a. 
nap$€ylat,  ii.  348,  b. 
Ilap^^ioi,  iL  348,  b. 
ne^4yoSf  L  219,  b. 
ndpoBoif  ii.  814,  b. 
ndpo9os,  i.  420,  b ;  i.  421,  b ;  ii. 

216,  b;  iL  864,  b. 
ndpoxos,  ii.  136,  a. 
napofU,  L  386,  b. 
IIopv^,  ii.  67,  a. 
TlciordSf  ii.  349,  a. 
Tlatrro^ptoyf  iL  349,  b. 
TlturroipipoSt  iL  349,  a. 
ndh-fluiroi,  L  1011,  b. 
TlaTpoy6fuu,  ii.  356,  a. 
narpovx^tt  »•  747,  b. 
narpy^iyoi,  i.  747,  b. 
natHTiicain),  ii.  176,  a. 
naxcm  ypavs,  iL  377,  b. 
n^Sn,  i.  523,  b. 
ncSioioi,  ii.  877,  a. 
n^ScAoy,  i.  332,  a;  ii.  684,  U 
IleZoffTpdfiai,  ii.  936,  b. 
nt(aKoyrurr<U,  L  987,  a. 

n*C«PX®*'  "•  757.  a. 

n«^(^rcupoc,  L  777,  a. 

ndKatfoi,  ii.  581,  b. 

n^Aoyop,  ii.  362,  a. 

IIcAiCtcu,  ii.  362,  a. 

ncA^T7}f,  ii.  362,  a. 

ncAf/aScs,  iL  27t^  b. 

Il^AficvT,  iL  616,  a. 

ncA/Ao,  ii.  685,  a. 

nt\raared,  L  190,  a ;  L  776,  a 
iL  363,  b. 

n^ATT},  ii.  363,  b. 

nAvvrpo,  ii.  932,  k 

ncAi^pia,  ii.  363,  b. 

n^fifurra,  ii.  581,  b. 

Tl€fiwdiB«Sj  i.  770,  b. 

Ilc/xmurr^f,  iL  71,  a. 

tleyiffraiy  ii.  364,  a. 

UfyrofrriplSf  L  14^  a ;  L  1C13,  a ; 
L720,  b;  iL  104,  a. 

UtyraBXoyj  ii.  364,  b. 

XltyreueoffiowthifUfotf  L  403,  t' 
iL  877,  a. 
;  UtrrdKiSos,  i.  929,  a. 
I  no^(£«Tvxa,  ii.  753*  b. 
,  ncrrcAi^'^cijr,  iL  759,  b. 


IfvrriKdyrapxoh  "•  219,  a. 
1f>rniK6irropoSf  ii.  213,  b;    ii. 

215,  a. 
iltyrriKoirHif  ii.  366,  a. 
neimjjcooT^p,  i.  769,  a. 
n«vTi7iro<rroX<fyoi,  ii.  366,  a. 
[If  KTi|jco<rr<;j,  i.  769,  a. 
n«VT^pfif,  ii.  221,  a. 
flcircpi,  ii.  429,  b. 
newKos,  u.  299,  b ;  U.  314,  b ; 

ii.  902,  b. 
\Jfpicucroi,  ii.  817,  a. 
rifplafifiOj  i.  118,  a. 
n.€piairroVf  i.  118,  a. 
[Ifplfiapa,  i.  333,  a. 
ntptfiaplBtSy  i.  333,  a ;  ii.  685,  a. 
rifpt/SAiy/uo,  ii.  318,  a. 
rL€pifi6\aioVf  ii.  846,  a. 
ricpf/SoAor,  ii.  568,  a. 
Vltpifipaxi^pioyj  i.  315,  b. 
n.tpiypcu^y  ii.  390,  a. 
[IfpfSffuryoi',  i.  887,  b. 
[IcpiSpo/JScr,  i.  927,  a. 
[Icpt/irios,  i.  340,  a. 
n«p<^o»^ia,  ii.  82,  b ;  ii.  721,  a. 
ncpuccLnrioK,  i.  315,  b. 
ricpticdxXiov,  i.  464,  a. 
Ilcpi/iiipfdia,  i.  831,  a;  ii.  369,  a. 
Tltplvttfy  ii.  215.  a. 
Tlcpiodoi^rircu,  i.  239,  a. 
Ilcpiodof,  ii.  562,  a. 
Ilcpfoiicoi,  i.  447^  a ;  ii.  369,  b. 
Ileptir^Tcia,  ii.  864,  a. 
Tltpiiri^toVf  i.  1012,  a. 
IlcpdroXot,  i.  740,  a ;  i.  774,  a. 
Ilcpfirrcpof,  ii.  775,  b. 
Tlfpatrivff^tjfy  i.  771,  b. 
nepi<riceA,ts,  ii.  373,  a. 
Tl€pt<r<roU  i*  188,  a. 
TitpinrtptAvy    i.    488,    b;     ii. 

588,  b. 
TltpurrtpoTpo^uovy  i.  488,  b. 
ncp(<ma,  L  699,  b 
ncpiirrfapyof,  i.  699,  b. 
Tltpiaroius,  ii.  853,  b. 
ncpicrri^Aioy,  i.  662,  a ;  ii.  373,  b. 
Tltpiriixifffi6sj  ii.  919,  a. 
TltpirtoSf  i.  339,  a. 
ncprro/AC^f,  ii.  601,  a. 
Jl^plrprtroj  ii.  853,  a. 
ncpoKorp/f,  i.  841,  a. 
ncptJKT?,  i.  840,  b ;  ii.  854,  a. 
TlepoWf,  i.  840,  b. 
Tlf pfftvSf  i.  218,  a. 
UfpffiKiiy  -04,  i.  333,  a. 
Ilca-ffot,  ii.  11,  a. 
ncra\i<r/A^f,  i.  819,  b. 
Udroffos,  ii.  428,  a. 
UtravpoVf  ii.  379,  a. 
TlfTtvpoVf  ii.  379,  a. 
ncrpo/3<iAor,  ii.  853,  a. 
ncTTc/a,  ii.  11,  a. 
HtvKfif  ii.  755,  b. 
Tlnypuiy  ii.  361,  b. 
ni^ScUiov,  ii.  212,  a. 
TltiKTlsy  ii.  106.  b. 
n^AijI,  i,  898,  b. 
UTi\owarl9ts,  i.  333,  a. 
IIifAoirtilrir,  ii.  373,  b. 
Tlri\ow\d6os,  i.  842,  a. 
ni}Adf,  i.  842,  a. 
IIi^Aovpyds,  i.  842,  a. 


OREEK  INDEX. 

n^yfly  ii.  765,  a. 
nT?W^ea-6ai,  ii.  767,  b. 
niiWri),  i.  498,  b. 
n^viov,  i.  898,  a ;  ii.  767,  b. 
n^po,  ii.  122,  a ;  ii.  368,  a. 
n^xvy  i«   170,  a;    i.  571,  a; 

ii.  161,  a. 
UitirHip,  -^pioPf  ii.  850,  a. 
ntOctfy,  ii.  964,  a. 
meotylof  i.  638,  b. 
nieosyl  650,  a;  ii.  964,  a. 
IliKiiioyf  ii.  427,  a. 
IltXos,  ii.  427,  a ;  ii.  932,  b. 
Ilivaicuc^,  i.  213,  a. 
TltydKioy,  ii.  753,  a. 
Iltraico^Ki}.  ii.  429,  a. 
n(Ka(,  U.  752,  b. 

„      iKK\ii<ruurruc6sf  i.  616,  a. 
Ttiyotf,  i.  407,  a. 
Tllffoyy  i.  69,  a. 
nifraoMTiSf  ii.  964,  a. 
nKayy^y,  ii.  526,  a. 
I1Aa/(rioi',  i.  772,  a. 
nA(Lcef,  ii.  645,  a. 
TlXarfrrat,  ii.  432,  a. 
nAay«/AtVoi  kffriptSy  ii.  432,  a. 
UKdafiOy  i.  841,  b ;  ii.  831,  b. 
IIAclcmif,  i.  841,  b. 
nxoffTuHi,  i.  841,  b. 
nXarayfiy  i.  591,  a. 
IlAaTcryeiyioy,  i.  591,  a. 
HXarftop     hnyrypafifUyoy,     i. 

377,  b. 
n\40poyf  ii.  162,  a. 
IlActadcr,  i.  219,  a. 
nAccoTo/SoAli'da,  ii.  760,  a. 
UKrie^aroSt  i*  340,  a. 
nAT?ti8cs,  i.  219,  a. 
IIAiJirrpoi',  ii.  106,  a. 
IlA^/iyi},  i.  578,  a. 
tlKrifiox^^Ut  i.  720,  a. 
nXfifiox^V*  i-  720,  a. 
IlAii^^oi',  i.  772,  a;    ii.  8,  a; 

ii.  853,  a. 
IIAii^lf,  ii.  8,  a. 
TWiyOowoiloj  ii.  8,  b. 
nKlyOosy  i.   848,  a;    ii.  8,  a; 

ii.  439,  b. 
llkuf$(Hp6poif  ii.  8,  b. 
HKovfiaplos,  ii.  439,  b. 
nAo^crioi,  ii.  233,  a. 
nKovroKpvrlof  ii.  266,  b. 
IIAvrri^pia,  ii.  440,  a. 
IlytyoSf  i.  422,  a. 
ny{i^y  i.  698,  a. 
noSoynrr^p,  ii.  364,  a. 
noScio,  u.  932.  b. 
n69tSt  u.  211,  b;  li.  559,  a. 
TlohoKdKKri,  i.  362,  a ;  ii.  228,  b. 
IlAiff?!',  i.  25,  b. 
nouTcOatf  i.  25,  b. 
noiritriSt  i*  25,  b. 
noii^rdt,  i.  25,  b. 
TloiOioiy  ii.  530,  a. 
Uoty^,  ii.  440,  b. 
Tloirp6wiosy  i.  338,  a. 
USKttSt  ii.  12,  a. 
no\4fAapxoSt  i.  168,  a ;  i.  769,  a ; 

ii.  441,  a. 
IIoAi^  KardKOfioSf  ii.  375,  b. 
Tl6\is  ficicAYTrof,  ii.  735,  a. 
noAiTc(a,  i.  441,  b. 


1023 

noA/<n|5,  i.  441,  b ;  ii.  169,  a. 
IIoAiro^i^Aaicef.  ii.  757,  a. 
n6\os,  i.  972,  b ;  ii.  442,  b. 
TloKvfipuSf  ii.  213,  b. 
Ilok^fiiroSf  ii.  770,  b. 
tloxiwrvxct,  ii.  753,  b. 
Tlofiviif  i.  437,  a. 
Tl6yros,  i.  340,  a. 
n6maya,  ii.  581,  b. 
IIopKrrat,  ii.  466,  a. 
Ilopytioyj  i.  957,  b. 
ndpnif  i.  956,  b. 
Uopyuchy  r«Aor,  i.  957,  b;   ii. 

771,  b. 
TlopyofioffKoif  i.  957,  a. 
Uopyofio<rK6sy  ii.  377,  a. 
noprorcAArou,  i.  957,  b. 
TlopwafAO,  i.  841,  a. 
n6pwa^,  i.  459,  b. 
ndpmif  i.  840,  b. 
no<r«i8€<6v,  i.  338,  a ;  i.  339,  a ; 

i.  340,  a. 
Tloiriliai^yf  i.  339,  a. 
Uoaiyda,  ii.  336,  b. 
noTa.u($5,  i.  221,  b. 
UorlKpayoy^  i.  407,  b. 
n<^or,  ii.  740,  a. 
IIoGr,  ii.  161,  a. 
Updicropfs,  ii.  474,  a. 
Upa^itpyl^atf  ii.  440,  a. 
npar^p  \lOoSf  ii.  657,  a. 
npc(r/ivT7}T,  ii.  376,  b. 
npiitf-r^pcr,  i.  870,  a. 
np^ariSf  i.  221,  a. 
nplwy^  ii.  650,  b. 
UpodyyfvfftSf  i*  717,  b. 
npoayctytlas  ypwpiiy  ii.  491,  b. 
Tlpodywyj  ii.  818,  b. 
npooJCTovpio,  ii.  501,  a. 
IIpo/SoA^,  i.  663,  b ;  ii.  492,  a. 
IIpo/io^Acvfux,    i.    3^,    b;      i. 

709,  b. 
Ilp6fiov\oh  ii*  493,  a. 
TlpoydfittOy  ii.  136,  a. 
UpoiiKtwlaf  ii.  385,  b. 
np^ofMSt  ii.  777,  b. 
npoSoo-to,  ii.  499,  b. 
npc^oaias  7pa^,  ii.  500,  a. 
np69pofUitt  i.  778,  a. 
TipSipofioSj  ii.  963,  b. 
Upotipla,  i.  1024,  b;  ii.  815,  a. 
np^cSpot,  i.  310,  b. 
npottff^opdj  i.  711,  a;  ii.  737,  a. 
npofuriffopas  aiKTiy  ii.  500,  b. 
Tlpo9fifio\lst  ii-  217,  a. 
Uporipoffia,  ii.  501,  a. 
iW^ecrtf,  i.  885,  b. 
npoBftrfiioj  i.  735,  b ;  ii.  506,  a. 
TlpoOffffjUas  v6^ios,  ii.  506,  a. 
np6$vpoyy  i.  661,  b ;  i.  900,  a. 
Ilpouc^f  9lKVy  i.  692,  b ;  ii.  678,  b. 
npo%  i.  691,  a. 
TlpoKdBapcis,  i.  717,  b. 
npoicaAc7<r0ai,  i.  622,  a. 
ripoirara/SoA^,  ii.  771,  b. 
TlpoKdrap^iSf  ii.  69,  a. 
np6K\ri<riSi  i.  622,  a ;  i.  629,  a ; 

ii.  852,  a. 
IIpoiroiT^v,  i.  671,  b. 
npoK^r,  i.  222,  a. 
np6\oyosy  ii.  864,  b. 
npo/ioyrcl^a,  ii.  282,  b. 


1024 

Tlp6fiaxoiy  i.  190,  a. 
npo/tt^cio,  ii.  6,  a. 
npo/i^myf,  i.  188,  b. 
Xlpofiy4i<rrpuuy  ii.  136,  a. 
TlpofirriaTpiB^Sy  ii.  135,  b. 
np6yao5,  i.  292,  b;  ii.  777,  b. 
npo^wlof  i.  978,  b. 
np<{|fK05,  i.  978,  b. 
np^wKofffiOf  ii.  501,  b. 
np^Tovs,  ii.  217,  b. 
npoT^KtuOf  ii.  502,  b. 
np6ppiiiriSy  i.  718,  b;  ii.  385,  b. 
npocKordfiKrifiaf  ii.  771,  b. 
flpotncfft^cCXcior,  i.  407,  b ;   ii. 

17,  b. 
npoffK^rioVt  ii.  812,  a. 
np6ffK\iifftSf  i.  629,  a;  ii.  127,  b. 
npoffK^niatSj  i.  28,  b. 
np6<ro9oy  ypdi^aaBiUf  i.  311,  b. 
lipoffrdSf  i.  662,  b. 
npoarvrtipiost  i.  339,  b. 
npoffrdrtiSf  ii.  62,  a;  ii.  169, a. 
„  rov  i^fioVf  ii.  504,  b. 

np04rrffpv(8ioy,  i.  284,  b. 
npo(rT7jBl9ioyf  i.  284.  b. 
npotrri/uair,  ii.  844,  a. 
IlpotmfiSurSatj  ii.  844,  a. 
UpoarlfAfifiOf  ii.  844,  a. 
Up6(rrv\oSt  ii.  775,  b. 
np^oryor,  i.  662,  a. 
nphs  {(8«p  8(«riy,  i.  973,  a. 
npo<r(tfireior,  ii.  374,  a. 
UpSffwroy,  ii.  374,  a. 
npoT^Xcia  ydfAMVf  ii.  136,  a. 
npoTO/A^,  i.  186,  a. 
Up^oyoLf  ii.  211,  b. 
Ilpi^poiros,  ii.  963,  b. 
UpoTp^ata,  ii.  506,  b. 
npo^yffiKoi,  i.  48,  b. 
Upo^^riSf  ii.  281,  a. 
Tlpo<^ptiff$eUf  ii.  765,  b. 
npoxcipoToi^fa,  i.  312,  a. 

npt^X^'y  '''v^y  "•  982,  a. 
np6xvfULj  ii.  963,  b. 
npowfuxrlof  i.  121,  b. 
npvA«cf ,  i.  767,  a. 
np6\ts,  ii.  593,  b. 
np^fun},  ii.  212,  a. 
npirroveta,  i.  310,  b ;  ii.  719,  b. 
npvToytia,  i.  137,  b;  ii.  513,  b; 

ii.  771,  b. 
HpuToytioyf  ii.  513,  b. 
npinayttSf  i.  310,  b;  ii.  513,  b; 

ii.  719,  b. 
npwtj  i.  635,  a. 
npctftot,  i.  635,  a. 
npc^pa,  ii.  211,  b. 
Upwptist  ii.  219,  a. 
npo»ra7»ri0T4f ,  i.  966,  a. 
Ttporr^fioyf  i.  688,  a. 
npo»roXo7/a,  ii.  745,  b. 
npatToardrriSf    i.    420,    b ;    i. 

770,  b;  i.  772,  a. 
Urtpd,  i.  159,  b. 
Urtpya,  ii.  854,  a. 
Ur€pyi(ttyf  ii.  84,  a. 
Ilr€o6tyTa  W8iXa,  ii.  758,  a. 
TlrdpvytSf  ii.  78,  a. 
TlTvyfiOf  ii.  315,  a. 
nri^or,  ii.  312,  a. 
nuoy^^io,  ii.  526,  b. 
nvai/ci//i<6i^,  i.  338,  a. 


GREEK  INDEX. 

Tlvyfiaxiof  ii*  524,  a. 

Ilvy fi'fi,  ii.  161,  a;  ii.  524,  a. 

nvyfio<r6yfiy  ii.  524,  a. 

Iltryi^,  ii.  161,  a. 

nv^ot,  i.  268,  a;  i.  887,  b. 

nv9dtoraij  ii.  529,  a ;  ii.  825,  b. 

n^io,  u.  528,  a. 

niBueos  y6fioSy  ii.  528,  b. 

n^ioi,  ii.  530,  a. 

nv$fiif,  i.  989,  a. 

Uv96xpiltrTOtj  i.  766,  a. 

TlvKy6<rTv\oSf  ii.  777,  b. 

n^rroi,  it  524,  a. 

nv\ay6pai,  i.  104,  a. 

UuXaia,  i.  104,  a. 

n^Xii,  ii.  466,  b. 

nvXis,  u.  467,  b. 

nvX«y,  i.  661,  b;  ii.  467,  b. 

nd(,  ii.  524,  a. 

nv|(8ioy,  i.  319,  a. 

llvlioy,  i.  244,  b;    i.  319,  a; 

ii.  399,  a  ;  ii.  753,  a. 
n^|tf,  ii.  530,  a. 
n^jof,  i.  319,  a. 
Ilvpdyptif  i.  871,  b. 
nvpai,  i.  887,  b. 
nipyos^  i.  877,  a;   ii.  527,  a; 

ii.  907,  b. 
IIupfM,  i.  991,  a. 
nup/a,  i.  268,  a. 
TlvpiarHiputy,  i.  268,  a. 
HvpofuwrtiOf  i.  646,  b. 
Tlvppix'fif  i*  516,  a ;  ii.  527,  a ; 

ii.  593,  b. 
Tl%tp^6potj  L  721,  b. 
ncrywy,  i.  285,  a. 
n»X^ai,  ii.  442,  a. 
n«Xi9r^pioy,  ii.  442,  b. 
U&posj  ii.  780,  a. 


P. 


'Po^d/oK,  u.  393,  a. 
'Pa38or<$MO^  i.  44,  b. 
'Pdfiios,  i.  265,  b. 
'FafiBovxoh  i.  44>  b;  ii.  64,  b; 

ii.  818,  b. 
ya09oift6poi,  ii.  64,  b ;  ii.  571,  b. 
'Pafiiy0ioSf  i.  340,  a. 
*Tai(rHipf  ii.  116,  a. 
*Pait>ls,  i.  23,  b. 
'P^o,  ii.  17,  b. 
'Piyropuc^  ypa4tfi,  i.  739,  a;  ii. 

555,  b. 

*Hrp<h  "•  556,  b. 
"?4rrwp,  ii.  556,  a ;  ii.  746,  a. 
•Pifi7pa,  i.  872,  a. 
*Pf»T|,  ii.  67,  a. 
'Piyoir^XT?,  ii.  467,  b. 
•Ptwff,  i.  863,  b. 
'PiTtorfipy  i.  863,  b. 
'Po8^,  il.  765,  a. 
*Po8^/AfX^  ii.  967,  b. 
'P6fifios,  I  929y  a;  ii.  906,  b. 
'Po/i^Mi/o,  i.  920,  a ;  i.  937,  a. 
*PAva\oyy  i.  450,  a. 
'P^wrpoy,  i.  990,  b. 
*PvKjirif  ii.  567,  b. 


'Pvfia,  ii.  541,  b. 
'P^fifio,  u  269,  a. 
'Pvfi6sj  i.  578,  b  ;ii.  779, 
'Pvrapaypa^ta,  ii.  416,  b. 
'Pdo-io,  ii.  734,  a. 
'PvTifr,  u.  565,  a. 
'Ptff/uuoy  il  348,  a. 
'Pm/uuosy  u  340,  a. 
'Ptnoypn^ia,  ii.  389,  b. 


2a$^,  it  594,  b. 

JajTiyt^ftyf  ii.  546,  b. 

Sflry^ri},  ii.  546,  a. 

2di7cor,  ii.  71,  b. 

SojcKfof,  iL  964,  b. 

IdtcKos,  i.  499,  a;  iL   568,  a; 

iL964,b. 
Sajrof,  i.  458,  b. 
^akofdytoy  ii.  826,  b. 
laXofilyiot,  ii.  826,  b. 
SaXvryitn^f,  ii.  902,  a. 
Xd\wry^,  U.  901,  a. 
Sofi^dicii,  ii.  594,  b. 
TU^wuirrpicu^  ii.  595,  a. 
Sor^dLXioy,  ii.  685,  a. 
2dy9aKoy,  iL  685,  a. 
Soy^i^ini,  iL  595,  a. 
2ar(s,  L  988,  b. 
2irrpa{,  iL  13,  b. 
Xawpiasy  iL  970,  b. 
S^ipoKor,  i.  70,  a. 
2dpamsy  iL  322,  a ;  iL  944,  b. 
Xap^y,  ii.  545,  b. 
JUfura,  i.  778,  a ;  L  937»  a. 
Xdrvpof,  ii.  858,  b. 
Soi^pwr^p,  L  935,  a. 
2c/3curros,  i.  340,  a. 
:UtK-fiyioif  i.  309,  a. 
Sfipoibf,  i.  579,  a. 
Scipo^^f,  i.  579,  a. 
Scipcof,  L  221,  b. 
:Uurdx$€M,  ii.  449,  a ;  iL  617,  a. 
Ilcurrpov,  ii.  676,  a. 
:icAfvic(Scs,  i.  347,  b. 
2cXi}y(f,  iL  674,  a. 
2i|ico(,  L  210,  b. 
J,flK6sf  L  391,  a;  ii.  774,  a. 
S^iCMfw,  L  851,  b ;  iL  69H,  h. 
'Xfifiadatf  ii.  672,  b. 
2iifieurlaf  ii.  199,  b. 
Su/uui,  ii.  243,  b. 
Xrifi^ufypdpotj  iL  244,  a. 
2i|ftc?ov,  i.  1011,  a. 
Siypim^,  ii.  649,  b. 
Siiptirorof^r,  ii.  650,  a. 
20^1  JO,  iL  713,  b. 
2(7X01,  i.  598,  a ;  iL  672,  a. 
2i^>co5,  iL  672,  a. 
2i8npo/Myrc(a,  i.  647,  a. 
2(8i|pof,  ii.  166,  a. 
SoccXotitf,  ii.  377,  b. 
Sdruvtf,  L  422,  a. 
S^KXof,  ii.  672,  a. 
Hmvmyta,  L  333,  a. 
2ii«i^,  iL  944,  b. 
Sfff^  ii.  362,  b. 


GBEEK  INDEX. 


1026 


Utr^(»a,  ii.  362,  b. 
StTcuTi)f,  i.  826,  a. 
Itnipdffiotf,  i.  418,  a ;  i.  776,  a ; 

ii.  714,  b. 
UrriaiSf  ii.  514,  b. 
Sct-o^cmu,  ii.  677,  b. 
EiToirdAoi,  ii.  677,  b. 
tiTos,  ii.  676,  b. 
ilrov  ^Imif  ii.  678,  a. 
iirwpvXMCuoy,  i.  975,  b. 
SiTo^vXaKcs,  ii.  676,  b. 
S/ttv/Soi,  -o<,  ii.  59,  a. 
SrrAycu,  i.  575,  b ;  ii.  677,  b. 
il4wvj  i.  570,  b. 
gitaXf  io,  i.  63,  a. 
UttXiSf  ii.  597,  a. 
iKoXurrfipioyj  ii.  597,  a. 
\Ka\fjLoly  ii.  212,  a. 

iKotrdifrii  "•  311,  b. 
|fcair^8a,  i.  929,  a. 
Ucoipeioyj  ii.  311,  b. 
Ucdifnif  i.  573,  a. 
Uea^popia,  i.  985,  b. 
Uccupiort  "•  312,  a;  ii.  611,  a. 
Ixirapyoyj  L  208,  b. 
Siccvo^my,  i.  190,  b. 
',K€voroioCf  ii.  374,  a. 
iK€v6^post  i.  986,  a. 
SK7}y^,  i.  46,  b ;  ii.  752,  a ;  ii. 

812,  a. 
licriyoypa^(a,    ii.    389,    b;    ii. 

816,  a ;  it  860,  a. 
iKfiwrovxoi,  ii.  611,  b. 
iKiiirrpoy,  i.  265,  b;  ii.  611,  b. 
IkIoj  ii.  390,  b. 
iKtarypa^ici,  ii.  390,  a. 
iKidiftov,  ii.  976,  a. 
iKuiirii^opiei,  i.  985,  b. 
WiaSiffKti^  ii.  976,  a. 
iKidCfiy,  it  390,  b. 
iKidiripoyj  i.  972,  b. 
lKiapt^fffi6s,  ii.  390,  a. 
Ik  ids,  ii.  515,  a ;  ii.  822,  a. 
iKifiw6Bioy,  ii.  14,  a. 
Sfcf/Airovf,  ii.  18,  a ;  ii.  618,  b. 
Ulpa,  ii.  833,  b. 
lKipop6pta,  ii.  612,  a ;  ii.  831,  b. 
iKtpaipopt^yf  i.  338,  a. 
iKOXia,  ii.  741,  b ;  ii.  777,  b. 
Mhojf,  i.  565,  a. 
iKopviosj  i.  220,  a. 
IkvBoUj  i.  614,  a. 
iKvpla  iltniy  ii.  614,  b. 
Sic^pos,  i.  327,  b. 
liarrdKri^  I  265,  b ;  ii.  615,  a ; 

iL  747,  a. 
iKinhni  fidtrri^f  i.  864,  a. 
Sjc^^s,  ii.  614,  a. 
iKOfwcuotj  ii.  205,  b. 
Ifoiy/M,  i.  68,  b;  ii.  976,  b. 
ifirifutj  ii.  976,  b. 
E/i/Aiy,  i.  414,  b ;  ii.  601,  a. 
SM<A.^y,  ii.  601,  a. 
ifiiyBta,  ii.  679,  b. 
ifuyifif  ii.  537,  b. 
S<$Ao5,  i.  644,  b. 
iopol,  i.  887,  b. 
lovSdpioyt  ii  723,  a. 
iovfjLfiof,  i.  696,  a. 
EiniSioir,  ii.  162,  b;  ii.  693,  a. 
twdBfiy  i.  160,  a;  i.  919,  b;  ii. 

765,  a. 

vou  u. 


2vttBfir6sf  ii.  768,  a. 
^wdftyayoy^  i.  1005,  a. 
Xwapr<nr6\.ioSj  ii.  375,  a. 

„  Xficriic^,  ii.  377,  b. 

SircifM,  i.  407,  b ;  ii.  690,  b. 
Svctpcu  /ioc(cu,  i.  328,  b. 
2iri9afi'ht  i.  571,  a ;  ii  161  b ; 

ii.  691,  a. 
SiroTTff^i,  ii.  692,  a. 
^woyyiof  ii.  692,  a. 
^woyyo$^pasy  ii  692,  a. 
2iroyyoKo\ufi$ffHiS9  ii.  692,  a. 
2wo\ds,  ii  80,  b;  ii.  362,  b. 
SiroySo/,  i  394,  b ;  i  960,  a. 
^voy9op6poi^  i  721,  b;  i  960, a; 

i  1025,  a. 
^v6yBu\oi,  ii.  516,  a. 
Xvifplsj  i.  541,  a. 
%raSio9p6fjLOif    i     581,    a;    ii. 

693,  b. 
SrdSioi,  ii  693,  a. 
Srddioy,  i  581,  a;  ii  162,  b; 

ii.  693,  a. 
IrrdBfiTi,  ii.  373,  b. 
^ToBfMi,  ii.  444,  b. 
Sro^Ai^f,  i.  656,  b ;  i.  987,  a ; 

u.  63,  b ;  ii.  121,  a. 
2ra$fiovxotj  ii«  747,  b. 
Sraf^to,  ii.  962,  a. 
2ra/A/yc5,  ii.  539,  a. 
^rofiyUy,  ii.  695,  a. 
2rdfxyoSy  ii.  695,  a. 
:iTd4ntJLoy,  i.  421,  b ;  ii.  864,  b. 
1/rvHipy  ii.  695,  a. 
Srovp^s,  i.  565,  a. 
Sra^uXlli,  ii.  56,  b. 
2Ta^vXo8p<^/ioi,  i.  3G6,  a. 
SrcTmrr^p,  i.  849,  a. 
Xrctpo,  ii  216,  a. 
Xrc^MunfirA^Koi,  i.  545,  a. 
2rc^ayovoio(,  i.  545,  a. 
Sr^ovos,  i  217,  b ;  i.  545,  a. 

„         vifTioSy  i.  222,  b. 
Src^flbwfuc,  i.  545,  a. 
Sr^Aoi,  i.  1046,  b ;  ii«  712,  a. 
Sri^/Aaro,  ii.  854,  a* 
XHifAuyf  ii.  765,  a. 
St^kio,  ii.  831,  a. 
2r(XT»vef,  ii.  205,  b. 
^rlxoSf  ii.  215,  a. 
SrXffTyCf,  i.  268,  b ;  i.  499,  a. 
Tfrodj  ii.  468,  a. 
2/Toix**oy,  i.  972,  b. 
Sroixor,  i.  420,  b. 
2vo\ii  Sfftiryirir,  i.  396,  a;  ii. 

748,  a. 
l!^6\0Sf  ii.  208,  a. 
Sr^/AMK,  i  876,  a. 
Xto/Us,  ii.  840,  b. 
'ZriyMiMo^  ii.  3,  a.  • 
2T<$fu»<ris,  ii.  3,  a. 
SrpcCrciof,  i.  340,  a. 
SrfMmryfo,  ii.  717,  a. 
2rparify6sf  i.  9,  b;  i  42,  a; 
ii  717,  a, 
„  6    hr\    9u>iKii<r€ctSj 

ii  761,  b. 
liTpar6yiK0St  i.  339,  a. 
2rpar6sf  i.  766,  b. 
^rp€$?i6»,  ii.  851,  b. 
SrpcvT^s,  ii.  857,  a. 
Srp^f  ly,  ii.  84,  a. 


2Tp6$t\os,  i  929,  a ;  ii.  906,  b. 

l,Tpo^€6sf  i  364,  b. 

2rpo^,  i  421,  b;  i  422,  a; 

ii.  564,  a. 
2rp^i7(,  i.  364,  b. 
J,rp6^ioy,  i.  720,  b ;  ii  572,  b ; 

ii.  720,  b. 
^rpe»ftaT^€0'fioSf  ii.  126,  b. 
^rp&funuf  ii.  15,  b. 
SrfMrr^pffS,  ii.  216,  b. 
SrvXor,  i489,a;  U.  713,  b. 
'Xrvpdiuoy^  i.  935,  a. 
2T^pa(,  i  935,  a. 
2^/3oucxo<9  ii«  810,  a. 
2v/34>r,|,  ii.  841,  b. 
2v>7cyffir,  i  903,  b. 
txrffpau^hf  ii  747,  b. 
Svrxpo^,  i  411,  a;  ii  746,  b. 
^dykKifros  itotKiifria^  i.  698,  a. 
SvyKOfuoT^pio,  i  99,  a. 
Xuyxoofiyopla,  i.  418,  b. 
2v^u7ta,  ii.  560,  a. 
XvKo^dmiSj  ii.  730,  b. 
2viro^ayr/«tf  ypat^f  ii  732,  a. 
SvAxu,  ii.  732,  b. 
SvAAoTfiir,  ii.  733,  a. 
2vfA06Kcuoy,  ii.  733,  b. 
^vfifioXedoty  wapafidatws  Sfmi, 

ii734^a. 
2v/u3oA.4,  i.  393,  a. 
2^/ujBoXoy,  i  627,  b ;  ii  734,  a. 
:tvfifi6XMyf  BUeu  kri,  ii.  734,  a. 
iS^ftjSovXoi,  ii  344,  b. 
2^/M/iax<N,  ii.  681,  a. 
Xvfi/ioplci^  i  712,  a ;  ii.  736,  a ; 

ii  891,  a. 
^vfiw6<rioyj  ii  740,  a. 
Sv/i^pcts,  i.  772,  a ;  ii  441,  b. 
^vfjupwyia^  ii.  199,  a;  ii.  739,  a. 

XvydKXBByfjM,  ii.  733,  b. 

S^ySiKOf,  ii.  743,  b. 
^vyipofi'^j  i.  213,  a. 
Svmpio,  ii.  751,  a. 
S^cdpoi,  i.  42,  a. 
'Xvyrfyopucivy  ii.  745,  b. 
Svi^Topos,  i  763,  a ;  ii.  744,  b. 
S^rtfccrif,  ii.  75,  b. 
Svytf^mj,  ii.  733,  b. 
2ur0i|itc0y  «xifNi3(£<rc«f  Mmi,  ii. 

734,  a. 
S^i^ffif/io,  ii  799,  b. 
2^o8or,  i.  540,  b. 
'XvyouciatOy  ii.  747,  b. 
Svroucfa,  ii.  747,  b. 
Svyop^oKKTro/,  i.  752,  b. 
2vM>v0'/a,  i.  540,  b. 
2vrr«({€ff,  ii.  748,  a. 
2^rra|ir,  i  707,  b;  ii.  748,  a. 
Svrr^Xffio,  ii.  737,  b ;  ii:  891,  a. 
SvrrcXcif,  ii.  737,  b ;  ii.  891,  a. 
^vyrpvfipapxoty  ii.  890,  a. 
^vywpis,  i.  579,  a. 
2upi7|,  ii.  748,  a ;  ii.  840,  a. 
Svp/io,  ii.  317,  b. 
S^myvoi,  i.  540,  a ;  i  596,  b. 
^wnrlrtOf  ii  749,  a. 
2^<rreurfs,  i.  718,  a. 
2^<rru\oSy  ii  777,  b. 
2^07(1,  i  572,  b. 
X^ijfMt,  ii  421,  b. 

3  U 


1026 

S^cupcu,  i.  328,  b, 
X^aiMu,  ii.  422,  a. 
2^/»i^if,  i.  928,  b. 
S^oipMrr^pioK,   i.    928,  b;    ii. 

422,  a. 
'X^piffTiiefh  "•  422,  b. 
Z^€upumK6sj  i.  928,  b. 
X^atpoftttxith  i<  928,  b ;  ii.  423,b. 
JHftMrtij  i.  130,  a ;  i.  499,  a  ; 

i.  883,  b;  ii.  693,  b. 
X^€p9orfiTm,  i.  883,  b. 
38^y«ww67wr,    ii.    375,    b ;    ii. 

377,  a. 
2^y8vXos,  ii.  906,  b. 
XlppayiSf  i.  130,  a. 
2^^/Mt,  ii.  116,  a. 
S^vp^Acrrov,  -os,  ii.  690,  b. 
Sxa^^p^Oy  ii*  854,  a. 
:iX<'^«v  "•  ^^7,  b ;  ii.  538,  a. 
2x^/<ui  TtTpAyofvoPj  i.  420,  b; 

i.  953,  b. 
Sx^ftoro,  i.  419,  b. 
Sxoiyio,  ii.  224,  a. 
2xo»ofiSniSy  i.  883,  a. 
Sx^M^'i  ii-  163,  b. 
SwX^y,  i.  862,  a ;  ii.  853,  a. 
Xm/AdrioPy  i.  520,  b ;  ii.  863,  a. 
Swfurro^Aojrfy,  i.  777,  b. 
Sdcrrpo,  ii.  658,  a. 
Zarr^pio,  ii.  300,  a. 
XGrpOy  i.  578,  a. 
Sw^fMMtfTol,  i.  928,  b. 
Xm^povurHipuiv,  i.  362,  b. 
2M^poffWiiy  i<  928,  b. 


T. 


Tdfi\a,  i.  695,  a. 

Tdyiipoyy  ii.  597,  b. 

Toy^f,  ii.  755,  b. 

TfluWa,  i.  827,  a ;  ii.  720,  b. 

ToXati^y,  i.  339,  b. 

TaXoFTo,  ii.  68,  b. 

TdKarroPy  ii.  449,  a ;  ii.  758,  a. 

TdAopof,  i.  330,  a. 

ToXeur/o,  ii.  770,  b. 

ToAao'iovpyfo,  ii.  770,  b. 

To^as,  ii.  760,  a. 

Ta^lapxoh  ii*  763,  a. 

Taiis,  i.   772,   a;    i.   772,   b; 

ii.  763,  a. 
Tdmis,  ii.  17,  b ;  ii.  761,  b. 
Tdwisy  ii.  761,  b. 
Tapyv^i^Pj  i.  339,?b. 
Tfu>p6st  ii.  224,  a.  ~ 
Tdpffos,  i.  562,  a ;  ii.  650,  b. 
TctptrAfutrtLj  ii.  215,  a. 
TavXa,  i.  696,  b. 
Tovpcc^y,  i.  339,  a. 
Tavpof,  i.  219,  a. 
Ti^i,  ii.  643,  a. 
Tw^powoioly  i.  750,  a. 
TdppoSi  ii.  919,  a. 
T4eparwoSy  i.  579,  b. 
Tcixoiroc^f,  ii.  764,  b. 
TcTxof,  ii.  182,  a. 
TcXofuiy,  i.  284,  a. 
TffXa.uAi'C^,  i.  243,  b. 


GREEK  INDEX. 

T4K€iOP  iroipiK^y,  ii.  377,  b. 
TcX^OKTCf,  i.  901,  b. 
TcXetfT^piOV,  ii.  774,  b. 
TffXeraf,  ii.  202,  a ;  ii.  299,  b. 
TiXoSy  ii.  693,  b ;  ii.  771,  b. 
TfX«n|s,  ii.  771,  a. 
T4/19VOS,  ii.  772,  b ;  ii.  934,  b. 
Tdprrpa,  ii.  538,  a ;  ii.  793,  a. 
lioBpiOL,  iL  224,  a. 
T/p^u^  ii.  693,  b. 
TtffatpaKotrHipniSf  ii.  800,  a. 
Tiraprop,  ii.  535,  b. 

Terpallhpx^  ii*  808,  b. 
TerpdmpaxfiuiVy  i.  694,  b. 
TerpaXoyCo,  ii.  860,  b. 
T^rpaopia,  i.  579,  b. 
TtTpdpxris,  ii.  808,  b. 
TvrpapxioL,  ii.  808,  b. 
Trrpdsy  ii.  756,  a. 
TtTpdarvKosy  ii.  777,  a. 
TvrptiptiSy  ii.  221,  a. 
TrrpifioXoyy  ii.  451,  a. 
TcrropdUcorra,  o/,  ii.  809,  a. 
T^TTil,  i.  497,  a. 

Tc^XfOf  i*  l^d,  b. 

t*fX*'tTai,  i.  195,  b. 

T^/Sciva,  ii.  845,  b. 

T^TOVOK,  ii.  597,  b. 

TqXff,  i.  70,  a. 

Tidpoj  ii.  839,  b. 

Tidpas,  ii.  839,  b. 

Tifi4ptoSy  i.  339,  a. 

Ti(hyW8ia,  ii.  845,  a. 

TlfirifiOy  i.  403,  a;  i.  746,  a; 

i.  751,  b;  ii.  842,*. 
Ti/ii}Tc/a,  i.  397,  b. 
Tt/ii|T^f,  i.  397,  b. 
TifiOKparloy  ii.  266,  b. 
T(4«i,  i.  67,  b. 

Tolx^>X^^y  ii*  ^^^i  '• 
Tolxoypa^toy  ii.  391,  a. 

T0ix<'<9  ii.  211,  a. 
Toixor,  ii.  211,  a;  ii.  345,  b. 
Toix»p^X^h  i*  660,  a ;  i.  707,  a. 
ToKoyX^^i,  i.  832,  a. 
T6koi  HyytMif  i.  831,  b. 
„    ^yyvoij  i.  831,  b. 
„     wauTtKotj  i.  833,  a. 
TSkos,  i.  831,  a. 
ToX^,  i.  897,  b. 
To/ju^s,  ii.  601,  a. 
Tofi6sf  ii.  59,  a. 
T6woi,  ii.  17,  b ;  ii.  853,  a. 
T6vof,ii.  198,  a;  ii.  390,  b. 
T6fyipxoiy  i.  614,  a. 
T^{cv/M^  ii.  587,  a. 
To\wt4\p,  To|*irr^j,  i.  220,  b. 
To(rris,  ii.  854,  a. 
Tolo^Ki},  i.  170,  b. 
T6\o»y'\,  169,  b;  i.  218,  b. 
To^Stm,  i.  598,  a ;  i.  614,  a. 
Top€VTuc4iy  i.  323,  b. 
TopCtmi,  ii.  901,  a. 
Tpayfifiora,  ii.  819,  b. 
Tpa7f>8<a,  ii.  858,  b. 
Tpitrc^o,  ii.  157,  a. 
TpcCirc^ax  Sc^tpoi,   i.   394,   b; 

ii.  158,  a. 
„         irpAraij  i.  394,  b;  ii. 

158,  a. 
TpoTf^rcu,  i.  179,  b. 
Tpcnrc^oic<{/AOf,  i.  394,  a. 


Tpaw€(owoi6fy  i.  3^,  a. 
TpCB&fiaTos  itc  Tpopoias   ypo^ii, 

ii.  868,  a. 
Tpa^l,  ii.  224,  a. 

Tpaxi?XfCcc'*  ii*  ^9  b. 
Tpaxcw  8(ki|,  it  614,  b. 
Tp^furro,  ii.  853,  a. 
Tptay/Usy  iL  299,  b 
Tp(ofira,  i.  897,  a. 
TpuuedZtSy  I  888,  b;  u  905,  a: 

ii.  875,  b. 
Tpiaicdb,  i.  338,  a;  i.  888,  b. 
Tpuueofnopiiiifip^L,  L  403,  b. 
Tpiamr^p,  ii.  82,  b. 
TpiiS/f,  ii.  853,  b. 
Tpi/MXos,  ii.  870,  a. 
TptfittP,  u.  321,  b ;  iL  869,  h. 
TpcyX^f,  ii.  78^  b. 
Tplymwoy,  L  218,  b. 
Tpimipfs,  i.  337,  a. 
TpnfpopX^  ii*  888,  b. 
Tpfiipapxoi,  ii.  888,  b. 
Tpntpa^XifT,  ii.  219,  a. 
Tpt^fis,  iL  221,  a. 
Tpiifpovoiolf  L  750,  a ;  ii.  892,  \ 
TptKoyla,  ii.  860,  b. 
Tpiiipuoy  ii.  740,  b  ;  iL  966,  b. 
Tp(vovf,  ii.  892,  b. 
TpfvTuxo,  ii.  753,  b. 
Tpiro,  i.  888,  a. 
Tpirttywpter4iS9  L  966,  a. 
Tptrriof  ii.  725,  b. 
TpiTT^s,  iL  582,  b  ;  iL  87t?,  s. 
TpixoXa0(r,L414,b;  iL  981.  K 
Tp/^ir,  ^  ir«yNurmfriK4,  i*  9b.  x 
TpM^^oXor,  L  628,  a;  ii.  771,  t. 
Tpawmoy^  ii.  900,  a. 
Tpi^iT,  u.  211,  a. 
TpoirSsf  ii.  224,  a. 
Tpontr^  iL  224,  a. 
Tpo^  ^iojos,  L  238,  a. 
Tp^X*^')  ii-  690,  b. 
Tpoxov^t  iL  723,  K 
Tpox<{^  L  578,  a;    L   581,  1: 

L843,  a;  ii.  899,  a. 
TpvfiXloy,  i.  560,  a ;  iL  351, 1. 
TpvyoititSf  ii.  964,  b. 
Tp^nvor,  ii.  793,  a. 
Tpi^/ioro,  i.  489,  a ;  iL  840,  \ 
Tpvrtbni,  ii.  63,  b. 
Tpv^cca,  i.  899,  a. 
TvXcioy,  u.  17,  b. 
TvXij,  L407,b;  iL  17,  b. 
TvfAfios,  iL  913,  b. 
TvitBt0pvxins  Tlpo^  iL  913,  K 
T^/nroror,  iL  851,  a  ;  iL  914,  a. 
T^w»»,  L  872,  b ;  iL  7M,  a. 
TvpayplZos  ype^  i.  168,  b. 
Tvpayr(f,  ii.  915,  a. 
T^peanns,  ii.  914,  b. 
TvpptiytKdj  i.  333,  a. 


T. 

*Ta8cf,  L  219,  a. 
'raK(y«ia,  i.  982,  a. 
*TaKtp0Wf,  i.  339,  b. 
'ToXof,  ii.  972,  a. 


OBEEK  INDEX. 


1027 


TcUf  ii.  875,  b. 

\9ms  ypa^f  i.  982,  b. 

\piSf  i.  982,  b. 

aros  x^^f  i*  220,  b. 

pteyvylOf  i.  146,  b. 

poA^nis,  ii.  176,  b. 

pav6sj  L  721,  b. 

'>pdpyvpos,  ii.  167,  b. 

ipai^Xif  r,  i.  984,  b. 

*p€UfXuehw  hpiyifoVf  i.  984,  ft. 

(pauA<y,  i.  984,  a. 

\pQM\osy  i.  984^  a. 

Ipi|,  i.  217,  a;  i.  222,  b. 

\pia,    i.    348,  b;    L  985,  a; 

ii.  679,  a. 

ipio^piof  i.  985,  a. 

^p6fiM\i,  ii.  967,  b. 

^p6/L7iKo9ff  ii.  967,  b. 

\p6fiv?iosy  ii.  176,  b, 

(pof ,  i.  222,  b. 

(pox^of,  i.  220,  b. 

k»p,  i.  220,  b. 

Vi}a»po(,  i.  985,  b. 

\.i<rr^f>,  ii.  964,  b. 

\Ac7f ,  i.  914,  a ;  ii.  875,  a. 

Kwpoi,  i.  985,  b. 

^yoiy  ii.  299,  b. 

vvtSf  i.  159,  b. 

watBpovj  ii.  783,  a. 

iraitfpoi,  ii.  777,  a. 

treurwurrai,  i.  772,  a ;  i.  778,  a. 

muTOf,  i.  532,  a. 

'irtpcu,  ii.  211,  b. 

'irep^cprraiOf,  i.  339,  a. 

'irfp/s/prrof,  i.  340,  a. 

'ircp^/4fpof ,  i.  735,  b. 

'irdpBvpov,  i.  988,  a. 

*ircpof,  ii.  181,  a. 

*wtprtpla,  i.  578,  a. 

Vcp^oK,  i.  656,  a;  i.  658,  b; 

i.  663,  b;  ii.  777,  b. 
Vf^yof,  i.  165,  b;  i.  763,  a. 
V^vi),  i.  285,  a ;  ii.  200,  b. 
*wnp9iria,  i.  985,  b ;  ii.  890,  a. 
*in|p^T}f,  i.  985,  b. 
'ir^0Xi|/io,  ii.  224,  a. 
Vo3oXi)f  ypo^yfif  i*  986,  a. 
^voypa/AfiaerM^s,  i.  922,  a. 
Vo^pA^,  ii.  390,  a. 
?irSiri(jM,  I  332,  a ;  ii.  684,  b. 

yroiidffKoXoSf  i.  417,  b. 

?vo(^fUiTaf  ii.  224,  a. 

Voi^icn,  i.  832,  b. 

firoic^AirfOK,  i.  420,  b. 

PvoKocr/tt^TcJ,  i.  986,  a. 

rvoKprr^s,  i.  965,  b ;  ii.  859,  a. 

r^o/ictoMt,  i.  969,  a. 

Vo/u^/iora,  i.  12,  b. 

Mvonos^  i.  146,  b ;  i.  461,  b ; 
i.  573,b;  i.  728,  b. 

titinri^MVy  ii.  618,  b. 

(Vitrrcprtr,  ii.  854,  a. 

^6pvyiiat  i.  573,  b. 

rVdpxi^Ma,  i.  986,  b;  ii.  863,  a. 

twMKiKiiuVf  ii.  84,  a. 

rrorpax^Aiov,  i.  490,  b. 

rroxaXtKBta,  i.  876,  b. 

twTtaaix6si  ii  329,  a. 
rir»fUNr(a,  i.  121,  b;  i.  621,  b ; 
i.  629,  b. 
r0TAi|{,  i.  433,  a ;  ii.  693,  b. 


*T#»^f,  i.  936,  a. 
'Ttrrcp^ror/Aot,  i.  889,  a. 
'Torotxis,  i.  864,  a. 
'T^drroi,  ii.  770,  b. 
'r^\fuoy,  ii.  840,  b. 


♦oiSp^oi,  I  721,  b;  ii.  778,  a. 

♦cujr^cf,  i.  333,  a. 

^autdo'ta,  i.  333,  a. 

^auvfitBa,  ii.  424,  a. 

♦air^s,  i.  68,  b. 

♦<U«r77f f,  ii.  379,  b. 

♦iU«74,  i.  767,  b ;  i.  768,  b— 

779. 
^dXapoy,  ii.  380,  a;  ii.  674,  a. 
^dkietiSf  ii.  216,  a. 
*d}ios,  i.  899,  a. 
««v^f,i.830,  a;  ii.  7,  a. 
*ap4rpa,  u.  381,  b. 
^ap/uutc^of  Kamryoploy  iL  382,  b. 
^apfuurcvrptoi,  ii.  382,  b. 
^apfiOKii^Sf  ii.  382,  b. 
^apfuutoly  ii.  810,  a. 
^dpfjuLKoy^  ii.  390,  b. 
^ap/iajco««iXi9f ,  ii  882,  b. 
^apfidimy  Tpo^,  ii.  382,  a. 
♦opos,  iL  315,  a;    ii.  319,  a; 

ii.  729,  b. 
«d(pof,  ii.  383,  a. 
^dffyopoy,  i.  919,  a. 
^dtniXosy  ii.  223,  b. 
^euHio?iOS,  i.  69,  a. 
^^is,  U.  383,  b. 

n      fiur$^€a»s      oficou,    ii. 

173,  b. 
♦«WUi|,  i.  498,  b. 
^cWi^o,  ii.  424,  a. 
*cyWf,  ii.  424,  a. 
^epi^,  i.  691,  a. 
#9ty^irwpor,  i.  233,  b. 
^opd,  I  29,  b. 

„       rAy  i\€v94ptyj  ii.  388,  a. 
«u£\i|,  ii.  349,  b ;  iL  674,  a. 
«i8(nyf,  iL  750,  b. 
^iZlrta,  ii.  750,  a. 
♦tft^f,  i.  357,  b ;  i.  877,  a. 
^Xdaicri,  -toy,  ii.  4,  a. 
^XidEo'iof,  i.  339,  a. 
^Ai^aicff,  i.  516,  a. 
^ovUfij  i.  216,  b. 
^oyuc^  ZlKtIj  ii.  384,  b. 
^6yos,  u.  384,  b. 
^Syov  7pa^,  ii.  386,  b. 
^opfitla,  L  357,  b;  ii.  840,  b. 
^op€a^6pot,  ii.  14,  a. 
^opciby,  ii.  14,  a. 
Wp/U7^,  ii.  105,  a. 
^opft6sy  ii.  677,  b. 
^6pos,  L  138,  b;    ii.  387,  a; 

iL  772,  a. 
«opr£f,  ii.  209,  b. 
^parplof  i.  444,  a ;  ii.  875,  a. 
^pcrrptapxof,  i.  906,  a. 
^ptnpiKhy  yftofiftarttoyj  i.  26,  a. 
^pdrwo,  i.  905,  b. 
^povpi,  i.  772,  b. 


^povpapxoif  i.  750,  a. 
^pujcro/,  ii.  516,  a.  ^ 
«V7^,  i.  816,  b. 
«vico5,  i.  880,  a. 
^Xoicffiby,  i.  377,  a. 
«^XairA,  i.  750,  a ;  iL  344,  b. 
^XaicHiptoyy  i.  118,  a. 
^^Mfxoiy  iL  388,  a. 
^\ilf  L  775,  a ;  ii.  875,  a. 
^vXo/Soo'iA.ffif,    i.    442,    a;     i. 

762,  b ;  iL  388,  b. 
MXoy,  ii.  875,  a. 
♦^m,  i.  870,  a. 
♦wriirk,  ii.  299,  a. 
^»A«^j^,  -Of,  ii.  95,  b. 
^^vvmy^  ii.  944,  b. 
^tfrayaryo^,  i.  663,  b. 
^Sriy^f  ii.  841,  a. 


X. 

XoAotf^pio,  i.  385,  a. 
Xa^jy6sy  i.  876,  a;  iL  217,  b. 
XaXKCio,  i.  408,  a. 
Xd\K9ioy,  i.  558,  b. 
XoAjcioficia,  i.  409,  a. 
XoXiclov,  i.  409,  a. 
XaXju<rfi65y  ii.  742,  a. 
XoXiK^f,  i.  38,  b. 
XaXicovf,  i.  409,  a. 
Xofuiyiif  iL  18,  a. 
Xofuifywy^  iL  18,  a. 
Xdpoiccs,  U.  918,  b. 
XopfAo,  L  409,  a. 
Xapwvtoi  K\lfuue€ty  iL  817,  b. 
X^dporo,  L  68,  a. 
XciXo^r^p,  ii.  840,  b. 
Xci/uo,  Xct^,  i.  233,  a. 
Xc/p,  ii.  854,  a. 
Xttpdfia^Oj  -lor,  i.  411,  a. 
X€tptUs,  iL  120,  b. 
XcipiSorr^t  x^'''^'^^  "•  903,*b. 
Xcipo/iaXAloTpa,  i.  169,  b. 
Xffip^po^y,    L    411,    a;     iL 

746,  b. 
XffipoAo^^s,  L  159,  b. 
Xtip6fjMKTpoy,    L    394, 'a;    ii. 

125,  b. 
XfipoWvrpor,    L    410,   b;    iL 

125,  b. 

XcipovoM^  i-  -^df  b ;  i*  ^30,  a. 
Xcip^ffXvai,  i.  195,  b. 
XcipoTorcrK,  L  409,  b. 
XffiporoniTot,  L  409,  b. 
Xf  ipoTovto,  i.  409,  b. 
X(ipovy(a,  i.  412,  a. 
Xtlp^y,  i.  222,  b. 
Xfipi^MucTCf,  i.  195,  b. 
Xttpmyd^toyf  i.  196,  a. 
Xf  AiS^yio,  i.  410,  a. 
XtKiZoyurredf  i.  410,  b. 
X«AAi|0T^s,  ii.  876,  a. 
X^Avf,  i.  217,  b. 
X^AiMTfto,  ii.  216,  a. 
XcA^m,  ii.  807,  b. 
XcA^vioy,  ii.  854,  a. 
XtpytfTtSf  i.  195,  b. 
Xfpyifittoy,  i.  410,  b. 

3  U  2 


1> 

II 
II 


1028 

X4ffyifioPy  i.  410,  b. 
X4i»ttlf,  ii.  125,  b. 
XriKai,  i.  220,  a. 
XiyX^,  i.  410,  a. 
Xtik6sf  i.  160,  b. 
Xiim4*  i.  410,  b. 
X^^piffKOSy  ii.  216,  b. 
Xfipwarai,  i.  946,  a. 
XeSpia,  i.  426,  b. 
Xtkiapxoi,  i.  797,  a. 
XiTi6y,  ii.  902,  b. 

difApiftdaxo^^i  ii*  322,  a. 

lrfpo/Lu£<rxaA.of  ,ii.  322,a. 

hf^offrdXios,  ii.  904,  b. 

ffr^m-ds,  ii.  903,  a. 

<rxt(rr^f,  ii.  905,  a. 

II       x*^P*^*^^^i  ^^*  ^^^1  ^* 
XiTi^Kta,  i.  415,  b. 

Xm^Kior,  ii.  904,  a. 

XnwrtffKos,  ii.  904,  a. 

XAatro,  ii.  3,  b;  ii.  17,  b;  ii. 

318,  b. 

XXafiJs,  i.  415,  b. 

XAo/i^Stoy,  i.  416,  a. 

XXiU'/SiOK,  ii.  321,  a. 

XAoyff,  i.  774,  b;  ii.  321,  a. 

XKwlvKOP,  ii.  321,  a. 

XA^cio,  i.  417,  a. 

XXo<a,  i.  417,  a. 

Xyo^,  i.  578,  a. 

Xoa4,  i.  888,  a;  ii.  581,  a. 

X^cf,  i.  638,  b. 

Xov&Sj  i.  424,  a. 

Xocrurff,  i.  417,  a. 

Xowitcofiirpaij  ii.  657,  b. 

Xo<Wi(,  L417,  a;  ii.  228,  b. 

Xoipcaroi,  ii.  875,  b. 

Xoip7yai,  ii.  516,  a. 

Xoptevis,  i.  420,  b. 

Xopalxvsi  ii.  739,  b. 

Xopwredj  i.  420,  a. 

Xopiryctoi',  i.  417,  b;  ii.  818,  a. 

Xofftiyia,  i.  417,  a. 

Xopi|7^f,  i.  417,  a. 

XopoiiSdaKokos,  i.  417,  b. 


QBEEK  INDEX. 

Xopokiicrjis,  i.  417,  b ;  i.  430,  b. 
XopvwoiSsf  i.  420,  b. 
XopSsf  i.  419,  a ;  i.  931,  a. 

„      idJfcA.iof,  ii.  858,  a. 

„      Tpayuc6s,  ii.  858,  a. 
Xopo0Tc(Ti}f,  i.  420,  b. 
XoproTor,  ii.  378,  b. 
Xovr,  i.  424,  a. 
Xpoiycur,  ii.  390,  b. 
Xp4ovs  Zlterij  i.  424,  a. 
Xp^rnKmctoj  ii.  617,  a. 
Xp«i<rrYjf,  i.  832,  b. 
X^IAOTtL,  ii.  248,  b. 
XJ9i}^&ari0Ta/,  i.  195,  b. 
X^fffioi^  i.  645,  b. 
J^afUXoyot,    i.    646,    a;     it 

669,  a. 
Xfnfcrr^pior,  ii.  277,  b. 
xjpiiimis,  I  832,  b. 
Xfniaroypai^lei,  it  413,  b. 
XpopoXoyloj  i.  424,  b. 
XpiwJor,  L  262,  a. 
XpiMT^f,  i.  260,  b. 
XifnHrAtnrroiy  i.  555,  a ;  ii.  656,  b. 
XpwrwrtiSj  ii.  396,  a. 
Xpd&Cc<y,  ii.  390,  b. 
Xp&fjLo,  ii.  390,  b. 
X^pa,  i.  426,  b;  ii.  267,  a. 
Xirpaty  i.  47,  b. 
Xvrpc^f,  i.  842,  a. 
X^poi,  I  639,  b. 
XvrpowKdBoSj  i.  842,  a. 
X^por,  i.  426,  b;  ii.  267,  a. 
XfifUK,  i.  43,  b. 
X£pai,  ii.  12,  a. 
Xwpls  ohcovtrrts,  ii.  62,  a. 
XctpofidriiSy  i.  419,  a. 


YiiXior,  i.  876,  b. 
YoXTf,  i.  872,  b. 


V^Aioy,  i  191,  h. 
VffvSeyypei^f  Tpo^,  iL  51S,  t 
VcvSoSfvrcpof,  ii.  775,  b. 
IftvMupw,  L  987,  a. 
Vfv8aicXirrc(at7pa^  i.  456, 1 ; 

it  519,  a. 
VcvSoK^,  iL  377,  b. 
VcvStf^iopriiyNMr  3(an|,  iL  129, 3. 
Tcv8<nr€pltrrcp«s,  iL  776,  b. 
VifiayiA,  L  312,  a;  L  7«ii',  > : 

ii243,a. 
Vii^f,  i.  130,  «;  ii.  11,  a;  iu 

397,  b;  iL516,  a. 
ViAof,  i.  190,  a. 
TiXeiy,  i.  421,  a. 
VcAorinScr,  ii  762,  &. 
T(A«0poi^,  u.  519,  b. 
Vwrr^p,  ii.  519,  b. 
TvxoTO/U'VC'oyy  ii-  292,  a. 


'Oaplwp,  i.  221,  a. 
'n3a£,  L  914,  a. 
*08cM)r,  iL  822,  a. 
*QMi,  i.  422,  a. 
*flA^rv,  ii.  976,  a. 
*nfid,  L  844^  b. 
'OfM^^Y^o,  iL  303,  a. 
*QoevTycd,  ii.  300,  b. 
'tloffKovucdj  iL  300,  b. 
*Qonc^ior,  L  427,  a. 
•Xlpo,  L  970,  b. 
*CipeSop  ^reupfSior,  ii.  378,  a. 
'XV«Mir,  L  975,  b. 
'flplvv,  i^  221,  a. 
'fipoA^cor,  L  972,  b. 
'OptM-ci^or,  i.  213,  b. 
'lUrxo^pM,  iL  30^5,  b. 
'nro,  ii.  780,  a. 
I  ''tixpost  >•  70,  a. 


1029     > 


LATIN    INDEX. 


A. 

^baetoreB,  L  3,  a. 
^bacnlna,  i.  1,  a. 
Abacus,  L  1,  a. 
ibalienatio,  ii.  117,  b. 
ibamita,  i.  469,  a. 
Ibayia,  i.  469,  a. 
Ibavunculas,  I  469,  a. 
Ibavus,  i.  469,  a. 
Ibigeatores,  i.  3,  a. 
^bigei,  i.  3,  a. 
Lbmatertera,  i.  469,  a. 
Ibnepos,  L  4^9,  a. 
Lbneptis,  i.  469,  a. 
Lbnormis,  ii.  243,  b« 
ibolla,  i.  3,  b. 
kbortio,  i.  4,  a. 
ibortua,  i.  4,  a. 
ibpatmus,  i.  469,  a. 
ibrasax,  i.  4,  a. 
ibraxas,  i.  4,  a. 
kbrogare  legem,  ii.  33,  a. 
^brogatio  magistratiu,  i.  4,  b. 
.bsentia,  IL  M4|  a. 
.bsinthites,  ii.  966,  b. 
.bsifl,  i.  4,  b. 

bsolutio,  i.  17,  b  ;  i.  1030,  b. 
.bstinendi  beneficiam,  i.  948,  b. 
.busua,  ii.  988,  a. 
capna,  i.  5,  a. 
cceoBif  i.  5,  a ;  i.  782,  b. 
XM^nsiu,  i.  5,  b. 
ccepiilatio,  i.  6,  a. 
cceptum,  or  Accepto,  faoere, 
or  ferre,  i.  6,  a. 
cceptnm  habere,  i.  6,  a. 
ccessio,  i.  6,  b. 
cclamatio,  i.  7,  a. 
ccabatio,  i.  7,  a. 
ccabitalia,  i.  7,  a. 
ccubiiio,  i.  7,  a. 
ccabitam,  i.  7,  a;  ii.  157,  b. 
ccnaatio,  i.  1027,  a. 
ccosator,  i.  23,  a ;  i.  1028,  b. 
cerra,  i.  7,  b. 

cetabolum,  i*  7,  b ;  i.  8,  a. 
cetum,  ii.  966,  a. 
chaicum  foedns,  i.  8,  a. 
ciea,  L  807,  b. 

cilia  lex,  ii.  34,  b ;  ii.  542,  b. 
cilia  Calpnmia  lex,  iL  34,  b. 
cinaoes,  L  10,  a. 
ciscalarioa,  1.  209,  a. 
cisculos,  i*  209,  a. 
clis,  Adya,  L  385,  a. 


Acna,  Acnua,  i.  10,  b ;  i.  57,  b. 

Actio 

Acqnisitionea  dviles,  i.  653,  a. 

tt 

„          natarales,  i.  653,  a. 

Acratophomm,  i.  10,  b. 

tt 

Acroama,  i.  11,  a. 

tt 

Acropodium,  i.  11,  a. 

tt 

Acropolis,  i.  11,  b;  ii.  907,  b. 

tt 

Acroteriam,  i.  11,  b. 

Acta, 

i.  12,  a. 

tt 

n 

diama,  i.  12,  b. 

tt 

n 

forensia,  i.  13,  b. 

tt 

n 

jurare  in,  i.  12,  a. 

tt 

»> 

militaria,  i.  13,  b. 

ft 

patrum,  i.  12,  a. 

tt 

9» 

senatus,  i.  12,  a ;  ii.  630,  b. 

tt 

ActarioB,  i.  12,  a ;  i.  13,  a. 

tt 

Actia,  i.  14,  a. 

tt 

Actio,  i.  14,  a;  i.  1018,  a. 

» 

n 

adjectitiae  qoalitatis,  i. 

766,  a. 

If 

tf 

de    aedibus    incensia,    i. 

ft 

595,  b. 

tt 

n 

aestimatoria,  i.  1010,  b  ; 

ii.  535,  a. 

tt 

n 

albi  cormpti,  i.  96,  b. 

tf 

it 

aquae  pluviae  arcendae, 
i.  157,  a. 

It 

ft 

arbitraria,  i.  18,  b. 

tt 

tt 

de  arboribus  succiaia,  i. 

ft 

595,  b. 

tt 

tt 

auctoritatia,  i.  246,  b. 

tt 

bonae  fidei,  i.  22,  a. 

tt 

tt 

bonomm    vi    raptorum, 

i.  896,  b. 

tt 

ft 

certi,  incerti,  i.  406,  b. 

tt 

tt 

ciTilis,  L  21,  a. 

tt 

tt 

commodati,  i.  513,  a. 

tt 

tt 

communi    dividundo,  1. 

M 

513,  b. 

tt 

tt 

per  condictionem,  L  16,  a. 

tt 

ft 

confessoria,  i.  527,  b ;  ii« 

tt 

655,  a. 

tt 

It 

damni    injuria    dati,    i. 

tt 

595,  a. 

tt 

tt 

dejecti  effuaire,  i.  609.  b. 

tt 

It 

depensi,  i.  1014,  b. 

tt 

tt 

depoaiti,  i.  618,  a. 

tt 

directa,  i.  21,  b. 

ft 

tt 

de  distrahendis   ration!- 

tt 

bua,  i.  897,  a. 

tt 

ft 

de  dolo  malo,  ii.  543,  b. 

tt 

de  effuaia  et  ejectia,  ii. 

tt 

961,  b. 

tt 

tt 

empti  et  yenditi,  i.  731,  b. 

tt 

tt 

exerdtoria,  i.  766,  a. 

tt 

ad  exhibendum,  i.  813,  a. 

tt 

tt 

extra  ordinem,  i«  22,  b. 

tt 

in  factum,  i.  21,  b.  . 
familiae    erdacundae,   i. 

825,  a. 
famosa,  ii.  63,  a« 
fictitia,  i.  855,  b. 
fiduciaria,  i.  22,  a. 
fininm    regundorum,    i» 

859,  b. 
furti,  i.  895,  b. 
honoraria,  i.  21,  a. 
hypothecaria,  ii.  419,  b. 
injuriarum,  i.   1010,  b; 

ii.  961,  a. 
inatitoria,  i.  1012,  a. 
inatitntoria,  i.  1014,  a. 
judicati,  i.  1031,  b. 
in  judicio,  i.  1040,  b. 
per  judicis  poatulationem, 

i.  15,  b. 
in  jure,  i.  1040,  b. 
quod  juaau,  i.  1052,  a. 
legis,  or  legitima,  L  14, 

a ;  ii.  67,  a. 
locati  conducti,  i.  387,  a. 
mandati,  ii.  120,  a. 
per  manua  injectionem,  i* 

16,  a. 
mutui,  ii.  201,  a. 
negativa,  i.  653,  a. 
negatoria,  i.  527,  b;    i. 

653,  a;  ii.655,  a. 
negotiorum  geatorum,  u 

22,  a ;  i.  226,  b. 
noxalis,  ii.  246,  a. 
de  paatu  pecoria,  i.  595,  b. 
de  pauperie,  ii.  360,  a. 
de  pecnlio,  ii.  661,  b. 
perpetna,  ii.  481,  a. 
persecutoria,  ii.  481,  a. 
in  personam,  i.  15,  b. 
pignoratitia,  ii.  421,  a. 
poenalis,  i.  22,  a. 
popularia,  ii.  962,  a. 
praejudicialia,  ii.  479,  a. 
praetoria,  i.  21,  a. 
Publiciana  in  rem,  i.  21,b; 

L653,  a;  ii.  523,  b. 
quadrupli,  i.  895,  b. 
qnanti  minoria,  ii.  535,a« 
de  rationibns  diatrahen- 

dia,  ii.  911,  b. 
de  recepio,  ii.  539,  a. 
redhibitoria,  ii.  540,  a. 
rei  uxoriae,  or  dotis.  i. 

694,  a. 
in  rem,  i.  15,  b. 
de  in  rem  yerao,  ii.  661,  b. 


J 


n 
n 


1030 

Actio  rernm  amotamiD,  i.897)a. 

y,     restitutoria,  ii.  545,  a. 

„     de  mpitiis,  i.  595»  b. 

„     Rutiliana,  i.  306,  b. 

„     sacramenti,  i.  15,  a;  ii. 
958,  a. 

„     Mpulchri  violati,  ii.  961, 
b. 
Serviana,  ii.  419,  b. 
de  servo  occebo  or  ocdso, 
i.  595,  b. 

„     pro  socio,  ii.  680,  a. 

„     ex  stipalatu,  i.  694,  a. 

„     stricti  juris,  i.  22,  a. 

„     temporalis,  ii.  481,  a. 

„     de  tigno  junoto,  i«  897,  a. 

„     tributoria,  ii.  661,  b. 

„      tutelae,  ii.  911,  b. 

„      ntUifly  i.  21,  b. 

„     yiDdictam     spiralis,    ii. 
961,  a. 
Actor,  i.  23,  a. 

„      praedii,  ii.  957,  b. 

„      publicus,  i.  23,  a. 

„      rernm  privaUumm  nos- 
tranim,  i.  23,  a. 
Aetaariae  nayes,  ii.  223,  a. 
Actuarii,  i.  12,  a;  i,  13,  a;  i. 
23,  a ;  ii.  245,  b. 
„        oenturialet,  i.  85,  a. 
Actus,  I  2.%  b;  ii.  162,  a. 

„      minimus,  i.  23,  b. 

„      quadratus,  i.  23,  b;  i. 
57,  b ;  ii.  163,  b. 

„      serTitus,  ii.  653,  b. 

„     rimplez,  i.  23,  b. 
Acns,  i.  23,  b ;  i.  68,  a. 
Adamas,  i.  118t  a. 
Adclamationes,  ii.  630,  b. 
Adcrescandi  jure,  i.  951,  a. 
Addioo,  i.  246,  a;  i.  1040,  a. 
Addicti,  ii.  229,  b. 
Addictio,  u.  230,  b. 
Ademptio,  ii.  22,  b. 

„         equi,  L  402,  a. 
Adeptio,  ii.  983,  b. 
Adfines,  i.  42,  b. 
Adfinitas,  L  42,  b. 
Adgnati,  i.  468,  a. 
Adgnatio,  i.  468,  a. 
Aditio  hereditatis,  i.  1021,  b. 
Adjectio,  i.  737,  b  ;  ii.  780,  b ; 

ii.  988,  b. 
Adjudicatio,  i.  17,  b ;  i.  653,  b. 
Adlecti,  i.  24,  b ;  ii.  624,  a. 
Adlectio,  i.  24»  b ;  ii.  622,  a. 
Adlector,  i.  25,  a. 
Adlocatio,  i.  25,  a. 
Adminicula  hominum,  i.  60,  a. 
Admissio,  i.  25,  a. 
Admissionales,  i.  25,  a. 
Admissionis  primae,  secundae, 

&c,  amici,  i.  25,  a. 
Adnepos,  i.  469,  a. 
Adneptis,  i.  469,  a. 
Adnotatio,  i.  531,  b. 
Adobruere,  i.  63,  b. 
Adoleacentes,  i.  1000,  a. 
Adonia,  i.  25,  a. 
Adoptio,  i.  25,  b. 

n        apud    praetorem,    i. 

27,  b. 


LATIN  INDEX. 

Adoptio  per  popnlum,  i.  26,  b. 
Adoratio,  i.  28,  b. 
Adrogatio,  i.  26,  b. 
Adscripti  glebae,  ii..656,  b ;  ii. 

664,  b. 
Adscripticii,  i.  782,  b. 
Adsertor,  i.  211,  b. 
Adsessor,  i.  211,  b. 
Adsidui,  ii.  70,  b. 
Adstipulatio,  ii.  257,  a. 
Adstipnlator,  ii.  257,  a. 
Adyentus,  i.  30,  a. 
Adversaria,  i.  30,  a. 
AdTersarios,  i.  28,  a. 
Adulterium  (Greek),  i.  29,  a. 

„         (Roman),  i.  29,  b. 
Adolti,  i.  1000,  a. 
Advocatus,  i«  30,  b. 

„  fisci,  i.  30,  b. 

Adytum,  ii.  774,  b. 
Aebutia  lex,  i.  405,  b ;  ii.  34^  b. 
Aedes,  L  665,  a ;  ii.  773,  a. 

„      sacra,  ii.  773,  a. 
Aedicuia,  L  31,  a. 
Aediculae,  i.  31,  a ;  ii.  645,  a. 
Aediles,  i.  31,  b. 

,,  ^   cereales,  i.  33,  a. 
Aeditiini,  i.  33,  b.  ^ 

Aeditui,  i.  33,  b. 
Aaditumi,  i.  33,  b. 
Aegis,  i.  34,  a. 
Aelia  lex,  ii.  35,  a. 

„    Sentia  lex,  ii.  35,  a;  ii. 
357,  a. 
Aemilia  lex,  ii.  35,  b. 

Baebia  lex,  ii.  39,  b. 
Lepidi  lex,  ii.  725,  a. 
„      Scauri  lex,  ii.  725,  a. 
Aenatores,  i.  35,  b. 
Aenigma,  i  35,  b. 
Aenum,  i.  35,  b. 
Aeqnipondinm,  ii.  696,  a. 
Aera,  i.  425,  b. 
Aerarii,  L  36,  b. 

Praefecti,  i.  38,  a. 
Praetores,  i.  38,  b. 
Quaestores,  i.  38,  a. 
„      Tribuni,  i.  40,  b;  ii. 
871,  a. 
Aerarinm,  i.  37,  a. 

railitare,  i.  37,  b. 
Praetores  ad,  L  38,  b. 
sanctius,  1.  37,  b. 
„        sanctum,  1.  37,  b. 
Aerii  nummi,  i.  40,  a. 
Aero,  1.  38,  b. 
Aes,  i.  38,  b ;  ii.  844,  b. 
Aes  (money),  i.  40,  a. 
„  Aegineticnm,  i.  39,  a. 
„  aliennm,  i.  40,  a. 
„   circnmfbraneum,  i.  40,  b. 
„  Corinthiacum,  i.  39,  a. 
„  Deliacum,  i.  89^  a. 
„  eqnestre,  i.  40,  b. 
„  grave,  i.  40,  b ;  i.  202,  a. 
„  hordearium,  or  hordiariom, 

i.  40,  b. 
„  manuarium,  i.  40,  b. 
„  militare,  i.  40,  b. 
„   rude,  i.  41,  a;  i.  201,  b. 
„  thermarum,  i.  271,  b« 
n  uzorinm,  i.  41,  a. 


if 


tt 


>» 


91 

n 
n 

n 

n 

n 
f» 


ft 
n 

>f 

n 

n 
n 
n 
n 
n 


Aettivae  feriae,  i.  839,  a. 
Aetolicum  conciliam,  i.  41,  b. 

„         foedua,  i.  41,  a. 
Affines,  i.  42,  b. 
Affinitas,  u  42,  b. 
Agaso,  i.  43,  a. 
Agema,  i.  43,  b;  i.  772,  &. 
Ager,  i.   49,  b ;   i.  84,   b ;    i. 
884,  bw 
„      arcifinius,  i.  84,  b. 
assignatus,  i.  86,  b. 
ooncessus,  i.  87,  &. 
divisns  et  assignatus,  i. 

84»b. 
e&tns,  ii.  443,  b. 
emphyteusis,  L  730,  b. 
emphyteoticaria  praedia, 

i.  731,  b. 
limitatua,  L  86,  b. 
mensnra 

i.  84,  b. 
oocapatorina,  i.  5S,  b;  u 

89,  b. 
privatna,  i.  S3,  a. 
publiena,   L   49,  b;    iL 

509,  a. 
quaesteriosiy  L  50^  a. 
redditus,  i.  51,  a. 
restibilis,  L  62,  b;  i.  68, 

a ;  L  72,  a. 
sanctus,  i.  43,  b. 
scamnatna,  i.  89,  a. 
scripturariua,  iL  613,  k 
strigatus,  L  89,  a. 
vectigalis,  i.   51,  a;    L 
730,  b. 
„      viritanas,  L  50,  b. 
Agger,  L  43,  b. 
Agitator,  L  437,  a. 
Agmen,  L  806,  b. 

„      quadiatUB,  i.  807,  a. 
Agnati,  i.  468,  b. 
Agnatio,  i.  468,  a. 
Agnomen,  ii.  234,  b. 
Agolom,  i.  44,  a. 
Agonales,  ii.  589,  b. 

„        dies,  i.  44,  a. 
Agonalia,  i.  44,  a. 
Agonensis,  ii.  589,  b. 
Agonia,  i.  44,  a. 
Agora,  i.  44,  b. 
Agoranomi,  L  49,  a. 
Agrariaa  leges,  L  49,  b. 
Agraulia,  i.  54,  b. 
Agricultura,  L  55,  a. 
Agrimensorea,  i.  83,  b. 
Agrimetatio,  i.  84,  b. 
Agripetae,  i.  477,  a. 
AgTonomi,  i.  93,  a« 
Ahenatores,  i.  35,  b. 
Ahenum,  L  35,  b. 
Ala,  i.  95,  a. 
Alabarches,  i.  95,  a. 
Alabaster,  i.  95,  b. 
AlabastnuD,  1.  95,  bu 
Alae,  L  380,  b;  L  670,  b:  L 

786,  b ;  i  790,  b. 
Alares,  i,  95,  a. 
Alarii,  i.  95,  a. 
Alauda,  i.  96,  a. 

„      legio,  i.  96,  a. 
Albarinm  opus,  ii..346y  a. 


Albogaleras,  i.  135,  b. 
Album,  i.  96,  b. 

„      decurioniim,  i.  96,  b. 
„      jodicum,  i.   96,  b;    L 

1029,  a. 
„      senatoraiii,  L  96,  b. 
Alea,  i.  96,  b. 
Aleator,  i.  96,  b. 
Al«B,i.  218,a;  L  250,  a. 
Alica,  L  66,  b. 
Alicala,  i.  97,  a. 
Alnneiitarii  pueri  et  puellae,  L 

97,  b. 
Alipilus,  i.  98,  a. 
Aliptae,  i.  98,  a. 
Allecti,  i.  24,  b. 
AlIuTio,  i.  98,  b. 
Altare,  i.  57,  b. 
Altercationes,  ii.  629,  b. 
Altius  non  tollendi  serYitna,  ii. 

653,  a. 
Aluta,  i.  334,  b. 
Amanuensis,  i.  99,  a. 
Arobacti,  i.  99,  a. 
AmbarTalia,  i.  99,  a ;  i.  200,  b. 
Ambitio,  i.  100,  b. 
Ambitus,  i.  100,  a. 
Ambrosia,  1.  101,  b. 
Ambubaiae,  i.  101,  b. 
Ambulationes,    i.   977,  a ;    ii. 

951,  b. 
Amburbisle,  i.  101,  b. 
Amburbiom,  i.  101,  b. 
Amentum,  i.  935,  b. 
Amicire,  i.  101,  b. 
Amictorinm,  i.  101,  b. 
Amictus,  i.  101,  b. 
Amicuium,  i.  101,  b. 
Amita,  i.  469,  a, 
Amnis,  i.  221,  b. 
Amphictyones,  i.  102,  b. 
Amphimalla,  ii.  762,  a. 
Ampkitapa«,  ii.  762,  a. 
Ampkitheatrum,  i.  106,  b. 
Amphora,  i.  115,  a;  ii.  530,  b; 

ii.  964,  b. 
Ampliatio,  i.  1030,  a. 
Amptruare,  ii.  590,  a. 
Ampulla,  i.  116,  b. 
Ampullarius,  i.  117,  b. 
Amnletnm,  i.  118,  a. 
Amurca,  ii.  265,  a ;  ii.  850,  b. 
Amus8is,or  Amossiam,  i.  120,  b. 
Amylum,  i.  66,  b. 
Amystis,  i.  120,  b. 
Anagnostae,  i.  121,  a. 
Anancaeum,  i.  123,  a. 
Anates,  i.  79,  b. 
Anatocismus,   i.    123,   a;    i. 

835,  a. 
Ancilia,  ii.  590,  b. 
Ancilla,  ii.  662,  a. 
Ancones,  ii.  545,  b. 
Andabatae,  i.  917,  b. 
Andromeda,  or  Aadromada,  i. 

218,  b. 
Angaria,  i.  124,  b. 
Angariorum  exhibitio,  or  prae- 

statio,  i.  124,  b. 
Angiportus,  or  Angiportum,  L 

134,  b. 
Angnifer,  L  218,  a. 


LATIN  INDEX. 

Anguis,  i.  217,  a ;  i.  218,  b ;  i. 

222,  b. 
Anguitenens,  i.  218,  a. 
Augustus  clavus,  i.  453,  b. 
Animadyersio  censoria,  L  401,  a. 
Animus  furandi,  i.  895,  a. 
Anio  norus,  i.  150,  a. 

„     Tetus,  i.  148,  a. 
Annales  maximi,  i.  829,  b ;  ii. 

462,  a. 
Annalis  lex,  ii.  36,  a. 
Annona,  i.  124,  b. 

„       civica^   i.   879,   b ;    ii. 

993,  b. 
Annulus,  i.  129,  b. 
Annus  magnus,  L  337,  a. 

„      Tertens,  i.  340,  b. 
Anquina,  ii.  223,  b. 
Anquisitio,  i.  1027,  a. 
Ansa,  i.  562,  b;  ii.  696,  a. 
Anseres,  i.  79,  a. 
Antae,  i.  125,  a. 
Anteambulones,  i.  125,  b. 
Antecanis,    or    Antecanem,    i. 

222,  a. 
Antecenia,  i.  395,  a. 
Antecessor,  i.  1089,  b. 
Antecessores,  i.  125,  b. 
Antecursores,  i.  125,  b. 
Antefix,  i.  849,  b. 
Antafixa,  i.  125,  b. 
Antemeridianum     tempu«,     i. 

635,  b. 
Antenna,  ii.  217,  b. 
Antepagmenta,    i.   126,   b;    i. 

987,  a. 
Antepilani,  i.  785,  a. 
Antesignani,    i.    807,    b ;     ii. 

672,  b. 
Antestatio,  i.  14,  a. 
Antia  lex,  ii  725,  a. 
Antichresis,  ii.  420,  b. 
Auticum,  i.  987,  it 
Antidoa,  i.  690,  b. 
Antinoeia,  i.  128,  b. 
Antinous,  i.  218,  b. 
Antiquarii,  ii.  64,  a. 
Antistes,  ii.  943,  b. 
Antlia,  i.  128,  b. 
Antoniae  leges,  ii.  36,  a. 
Anuli  aurei  jus,  i.  132,  a. 
Annlorum  jus,  i.  133,  a. 
Anuius,  i.  129,  b. 
Apaturia,  i.  134,  b. 
Apes,  i.  81,  a. 
Apex,  i.  135,  b. 
Apioula,  i.  135,  b. 
Aplustre,  ii.  216,  b. 
Apocha,  L  6,  a. 

Apodectae,  i.  136,  b ;  ii.  677,  b. 
Apodyterium,  i.  272,  b. 
Apollinares  ludi,  ii.  89,  b. 
Apophoreta,  i.  138,  b. 
Apotheca,  i.  139,  b. 
Apotheosis,  i.  139,  b. 
Apparitores,  i.  144,  a. 
Appellatio  (Greek),  L  144,  a. 
„        (Roman),  i.  144,  b. 
Applicatio,  i.  820,  a ;  ii.  435,  b. 
Applicationis  jus,  i.  820,  a;  iL 

435,  b. 
Apsis,  i.  4,  b. 


Apuleia  lex,  i.  1014,  b 

„      agraria  lex,  ii.  36,  a. 
„      frumentaria      lex,     i. 

878,  a. 
„      majestatis  lex,  ii.  36,  a ; 
it  114,  b. 
Aqua,  i.  220,  b. 

„    Alexandrina,  i  151,  a. 

„    Algentia,  i.  151,  a. 

„    AUietiAa,  or  Au^stHy  i. 
150,  a. 

„     Appia,  i.  148,  a. 

„    caduca,  i.  156,  b. 

„    Claudip,  i.  150,  a. 

„    Crabra,  i.  151,  b. 

„    Julia,  U  149,  a. 

„    Marcia,  i.  148,  a. 

„     pluvii^  i.  157,  a, 

„    Septiniiana,  i.  151,  a. 

„    Tepula,  i.  149,  a. 

„    Trajana,  i.  151,  a. 

„    Virgo,  i.  149,  a. 
Aquae  ductus,  i.  146,  b. 

„    ductus  serritus,  ii.  658»  b. 

„     effusio,  i.  220,  b. 

„    haustusservUu/i,  ii.653,b. 

„    et    ignis    interdictio,    i. 
820,  a. 

„    pluviae    arc^dae  actio, 
L  157,  a, 
Aquaelicium,  i.  156,  b. 
Aquaemanalis,  i.  157,  tu 
Aquarii,  i.  157,  a. 
Aquarioli,  i.  157,  a. 
Aquarius,  i.  220,  b. 
Aquila,  i.  21$,  b ;  ii.  672,  a. 
Aquilia  lex,  i.  595,  b. 
Aquilicium,  i.  156,  b, 
Aquilifer,  i.  801,  a. 
Ara,i.  157,  a;  i.  222,  b. 
Arabarches,  i.  158,  b. 
Aratio,  i.  60,  b. 
Aratrum,  i.  159,  a. 
Aratrum  auritum,  i.  60,  b. 
Arbiter,  i.  15,  b  ;  i.  1026,  a. 
Arbiter  bibendi,  ii.  743,  a. 
Arbitraria  actio,  i.  18,  b. 
Arbitria,  i.  1026,  b. 
Arbitrium,  i.  1026,  b. 
Arbor  infelix,  i.  160,  b. 
Arbusculae,  i.  932,  b ;  ii.  433,  b. 
Arca,i.  160,  b;  ii.  935,  b. 

„     publica,  i.  161,  b. 
Arcadicum  foedus,  i.  162,  a. 
Arcarius,  i.  161,  b  ;  ii.  936,  a. 
Aroera,  i.  162,  b. 
Archiater,  i.  162,  b. 
Archimimus,  i.  891,  b ;  ii.  173,  a. 
Architectura,  i.  163,  b. 
Archium,  ii.  805,  b. 
Archon,  i.  165,  a. 
Arcifinius  ager,  i.  84,  b. 
Arcirma,  i.  169,  b. 
Ardtenens,  i.  220,  b. 
Arctophylax,  i.  217,  a. 
Arctos  Lycaonis,  i.  216,  b. 

„      Parrhasis,  i.  216,  b. 
Arcturus,  i.  217,  a. 
Arctns  major,  i.  216,  a. 

„      minor,  i.  216,  b. 
Arcuballista,  i.  169,  a. 
Arculum,  i.  169,  b. 


1032 


LATIN  INDEX. 


Arcuma,  i.  169,  b. 
Arcua,  i.  169,  b;  i.  171,  a;  i. 
220,  b. 

„      Angosti,  i.  173,  b. 

„      Qaadii,  i.  173,  b. 

„      Constantini,  i.  174,  b. 

„      Dmsi,  i.  173,  b. 

„      Gallieni,  i.  174,  b. 

„      Septimii  Seyeri,  i.  174,  a. 

„     Tiberii,  i.  173,  b. 

„     Titi,  i.  174,  a. 

„      Trajani,  L  174,  a. 

„      triumphalis,  i.  172,  a. 
Area,  L  64^  a ;  i.  175,  a;  i.  245, 

a ;  L  884,  b. 
Areiopagos,  i.  175,  a. 
Arena,  i.  110,  b;  i.  113,  a;  i. 

178,  b ;  i.  435,  b. 
Arenaria,  ii.  422,  b. 
Arenariae,  ii.  983,  a. 
Arenarii,  i.  179,  a. 
Arepennis,  i.  23,  b. 
Aretalogi,  i.  179,  a. 
Argei,  i.  179,  a. 
Argentarii,  i.  179,  b. 
Argentam,  i.  183,  a. 

„  Tivum,  ii.  167,  b. 

Argilla,  L  842,  a. 
Argo,  i.  222,  b. 
Argyraspides,  i.  184^  b. 
Aries,  i.  185,  b  ;  i.  219,  a. 
Arinca,  i.  67,  b. 

Arithmetica,  i.*  187,  b ;  ii.  71,  a. 
Arma,  Armatnra,  i.  189,  b. 
Armamenta,  i.  190,  b. 
Armamentaiiam,  i.  190,  b. 
Armariam,  i.  161,  a ;  i.  191,  a ; 

L  298,  a. 
Armatara  levis,  i.  190,  a. 
Armelausa,  i.  191,  a. 
Armilausa,  i.  191,  a. 
Armilla,  i.  191,  b ;  ii.  868,  a. 
Armillam,  i.  192,  b. 
Armilostrium,  i.  192,  b. 
Aromatites,  ii.  966,  b. 
Arqnites,  ii.  588,  a. 
Arra,  Arrabo,  i.  193,  a. 
Arrogatio,  i.  26,  b. 
Artaba,  i.  194,  a. 
Artifices,  i.  194,  b. 
Artopta,  ii.  431,  b. 
Arvales  Kratres,  i.  198,  a. 
Anmdo,  ii.  588,  a ;  ii.  765,  a. 
Amra,  i.  197,  b. 
Artupices,  i.  934,  a. 
Anrum,  i.  72,  a. 
Arx,  i.  200,  b. 
AB,i.  201,b;  ii.  63,  a. 
„  libralis,  i.  202,  b. 
Ascia,  i.  208,  b. 
Asclepiadae,  ii.  152,  b. 
Asellos,  i.  76,  b. 
Asiarchae,  i.  210,  b. 
Aainns,  i.  76,  b. 
Assa,  i.  277,  b. 
Assarius,  i.  211,  a. 
Asser,  i.  211,  a. 

Asserea  falcati,   i.   211,  b;    i. 
824,  a. 

„       lecticarii,  ii.  14,  b. 
Assertor,  i.  211,  b. 
Asserttts,  i.  211,  b. 


Assessor,  i.  211,  b. 
Assidaitas,  i.  100,  a. 
Astragalus,  i.  212,  a;  ii.  247, 

a ;  ii.  759,  a. 
Astrologi,  i.  213,  a. 
Astrologia,  i.  212,  b. 
Astronomi,  i.  213,  a. 
Astronomia,  i.  214,  a. 
Asyli  jus,  i.  235,  a. 
Asylum,  i.  235,  a. 
Atayia,  i.  469,  a. 
Atavus,  i.  469,  a. 
Atellanae  Fabulae,  i.  522,  b. 
Atemia  Tarpeia  lex,  ii.  36,  b. 
Athenaeum,  i.  236,  b. 
Athletae,  i.  237,  a. 
Atia  lex,  ii.  36,  b. 
AtiUa  lex,  ii.  36,  b. 
Atinia  lex,  ii.  36,  b. 
Atlantes,  i.  243,  b. 
Atlantides,  i.  219,  b. 
Atramentale,  i.  244,  b. 
Atramentarium,  i.  244,  b. 
Atramentum,    i.    244,    a;    ii. 

392,  b. 
Atrium,  i.  245,  a ;  i.  i274,  a ;  i. 

669,  b. 
Atticurges,  i.  245,  a. 
Auoeps,  i.  245,  b. 
Auctio,  i.  245,  b. 
Auctor,  i.  246,  a ;  ii.  722,  a. 
Auctoramentum,  i.  297,  a;  i. 

916,  b. 
Auctorati,  i.  916,  b. 
Auctores  fieri,  i.  246,  a. 
Auctoritas,  i.  246,  b ;  ii.  637,  b. 
„  Patrum,  i.  247,  a ; 

i.  506,  a. 
„  senatus,  ii.  630,  b  ; 

ii.  637,  b. 
Auctoritatem  imponere,  i.246,b. 
Aucupium,  i.  245,  b. 
Auditores,  i.  1037,  b. 
Auditorium,   i.    247,   b ;     ii. 

814,  b. 
Arena,  i.  67,  b. 
Averta,  ii.  122,  a. 
Anfidia  lex,  i.  101,  a. 
Augmenta,  ii.  .^86,  b. 
Augur,  i.  248,  a. 
Auguraculum,    i.   201,  a;    iL 

772,  b. 
Augurale,  i.  251,  b. 
Auguratorium,  i.  380,  b. 
Augurium,  i.  -248,  a ;  i.  646,  b. 
ex  avibus,  i.  250,  a. 
ex  caelo,  i.  249,  b. 
„        ex  diris,  i.  251,  a. 
„        ex  quadrupedibus,  i. 

250,  b. 
„        ex  tripudiis,  i.  250,  b. 
Augustales,  i.  257,  b ;  i^  258,  a. 
Augustalia,  i.  257,  b. 
Augustus,  i.  259,  b. 
Avia,  i.  469,  a. 
Aviaria,  i.  77,  b ;  i.  78,  a. 
Avis,  i.  218,  a. 
Aula,  i.  259,  b ;  ii.  267,  a. 
Aulaeum,  i.  259,  b ;  ii.  821,  b. 
Aurarius,  ii.  155,  a. 
Aurelia  lex,  i.  1028,  a. 
Aures,  i.  159,  b. 


n 


Aureus  nummus,  i.  207,  a ;    i. 

260,  b. 
Aurichalcum,  ii.  297,  a. 
Auriculae  omatrtx,  i.  1002,  b. 
Auriga,  L  218,  a;  L  437,  a. 
Aurigae  manus,  i.  218,  a. 
Aurigator,  i.  218,  a. 
Aurum,  i.  260,  b. 

„      ooronarinm,  i.  262,  a 
„      lustrale,  i.  262,  b. 
Auapex,  L  248,  a. 
Auspiciuro,  i.  248,  a. 
Authenticum,  ii.  246,  a. 
Authepsa,  i.  263,  a. 
Autonomi,  i.  263,  b. 
Arnnculus,  i.  469,  a. 
Atus,  i.  469,  a. 
Auxilia,  i.  787,  a;    i.  790,  a; 

ii.  683,  b. 
Auxiliares,  i.  787,  a. 
Axamenta,  ii.  590,  b. 
Axis,  i.  578,  a. 


B. 


Babylonicum,  i.  264,  b. 
Babjlonii,  i.  213,  a. 

„  numeri,  i.  213,  a. 

Bacchanalia,  L  264^  b. 
Baculum,  i.  265,  b. 
Baebia  lex,  ii.  36,  b. 

„     Aemilia  lex,  ii.  39,  b. 
Bajnlus,  i.  266,  a. 
Balatro,  i.  266,  a. 
Balineae,  L  266,  b. 
Balineum,  i.  266,  b ;  i.  269,  a. 
Ballista,  ii.  855,  a. 
Balneae,  i.  266,  b. 
Balnearium,  i.  269,  b. 
Balneator,  i.  270,  b  ;  L  274,  a. 
Balneum,  i.  266,  b ;  i.  269,  a.  ^ 
Baltearius,  i.  284,^. 
Balteus,  or  Baltea;  i.  284,  a  fii. 

847,  b. 
Baptisterinm,  i.  275,  b. 
Barathrum,  i.  285,  a. 
Barba,  i.  285,  a. 
Barbati  bene,  i.  286,  a. 
Barbatuli,  i.  286,  a. 
BardocucuUns,  i.  571,  b. 
Baria,  i.  286,  b. 
Bascauda,  i.  287,  a. 
Basilica  (building),  L  287,  a. 

„      (legal  work),  i.  292,  b. 
BasUicua,  ii.  760,  a. 
Basilium,  i.  293,  b. 
Baasara,  -is,  i.  293,  b. 
Bastagarii,  i.  294,  a. 
Bastema,  i.  294,  a. 
BaUTi,  i.  795,  b. 
Batiaca,  i.  294,  b. 
BatiUum,  i.  294,  b. 
Baxae,  or  Baxeae,  i.  294^  b. 
Bellaria,  i.  397,  b. 
Bellicrepa  aaltatio^  iL  594^  b. 
Beneficiarius,  i.  296,  a  ;  i.  804,  a. 
Benefidum,  i.  296,  a ;  L  994,  b. 
„         ahatinendi,  L  948,  b. 


LATIN  INDEX. 


1033 


BenignitM,  i.  100,  a. 

Benna,  i.  296,  b. 

Berenices    coma,   or  crinis,   i. 

223,  a. 
Bes,  ii.  455,  a. 
Besa,  beesa,  i.  296,  b. 
Bestia,  i.  222,  b. 
Bestiarii,  i.  297,  a. 
Bibasis,  ii.  594,  a, 
Bibliopola,  ii.  60,  a. 
Biblioiheca,  i.  297,  b. 
Bi^ens,  i.  ^98,  b ;  ii.  311,  b. 
Bi4ental,  i.  298,  b. 
BicUaei,  i.  298,  b. 
Biga,  or  Bigae,  i.  579,  b. 
Bigati,  i.  299,  a. 
Billix,  ii.  767,  a. 
Bipaliam,  ii.  312,  a. 
Bipennis,  ii.  616,  a. 
Biremis,  ii.  209,  b. 
Bimu,  i.  299,  a. 
Bisaccium,  i.  965,  a. 
Bisellium,  ii.  620,  a. 
Bisextum,  i.  344,  a. 
Bisextus,  i.  344,  b. 
Bissextilis  annus,  i.  344,  b. 
Boiae,  i.  302,  b. 
Bombycinum,  ii.  649,  b. 
Bombyx,  ii.  649,  b. 
Bona,  i.  303,  a. 

„     cadaca,  i.  304,  a. 

„      fides,  i.  304,  b. 

„     rapta,  i.  896,  b. 

„     Tacantia,  i.  305,  a. 
Bonam  copiam  jnrare,  i.  305,  b. 
Bonomm  cessio,  i.  305,  b. 
„        collatio,  i.  306,  a. 
„        emtio,  et    emtor,  L 

306,  a. 
„        poesessio,  i.  307,  a. 
„        tI  rapiorum,  actio,  i. 
896,  b. 
Bo«tf8,  i.  217,  a. 
BoTM  Icarii,  i.  216,  b. 
Bracae,  i.  314,  b. 
Bracchiale,  i.  315,  b. 
Branchidae,  ii.  287,  a. 
Brattea,  i.  316,  a. 
Bratteator,  i.  316,  a. 
BraTium,  i.  437,  b. 
BreTiarium,  i.  316,  b. 

„  Alaricianum,      i. 

316,  b. 
Brattiani,  i.  317,  b. 
Bacco,  i.  522,  b. 
Bnccnlae,  i.  899,  a. 
Bucina,  i.  317,  b. 
Bucinator,  i.  35,  b ;  i.  318,  a. 
Bulga,  i.  318,  a. 
Bulla,  i.  318,  b. 
Bura,  or  Bnris,  i.  159,  b. 
Burranica  potio,  ii.  963,  b. 
Burrus,  i.  299,  a. 
Bustum,  i.  893,  a. 
Butyrum,  i.  319,  a. 
Buxnm,  i.  319,  a. 
Bjssns,  i.  319,  b. 


C. 


CaccabuB,  i.  35,  b ;  i.  321,  a; 
Gaduceator,  i.  323,  a. 
Caduceua,  i.  322,  b. 
Gadncum,  i.  304,  a. 
Gadurcnm,  i.  323,  a. 
Cadus,  i.  323,  a;  ii.  964,  b. 
Caecilia  lex  de  censoribua,  ii. 

36,  b. 

„       lex  de  Tectigalibufl,  ii. 

37,  a. 

„       Didia  lex,  ii.  37,  a. 
Caelatura,  i.  323,  b. 
Caelebs,  ii.  44,  a. 
Caelia  lex,  ii.  752,  a. 
Caelibatus,  ii.  45,  b. 
Caementa,  -um,  i.  327,  b. 
Caerimonia,  ii.  573,  a. 
Caeritum  tabulae,  i.  36,  b. 
Caesar,  i.  328,  b. 
Caestus,  i.  328,  b. 
Caetra,  i.  408,  a. 
Galamistrnm,  i.  329,  a. 
Calamus,  i.  329,  b. 
Calathiscus,  i.  330,  a. 
Calathus,  i.  330,  a. 
Calator,  i.  331,  a. 
CalauUca,  i.  331,  b;  i.  502,  a. 
Calcar,  i.  331,  b. 
Calceamen,  i.  333,  b. 
Calceamentum,  i.  333,  b. 
Calcearinm,  i.  453,  a. 
Calceus,  i.  332,  a. 
Calculator,  i.  336,  a. 
Calculi,  L  336,  a. 
Calda,  i  336,  a. 

„      layatio,  i.  282,  b. 
CaldariniB,  i.  272,  a;  i.  336,  b. 
Calendae,  i.  336,  b. 

M        Fabariae,  i.  68,  b. 
Calendarium,    i.     336,    b;    i. 

828,  b. 
Calida,  i.  336,  a. 
Caliendrum,  i.  346,  a. 
Caliga,  i.  346,  b. 
Calix,  i.  156,  a;  i.  346,  b;  t. 

o4o,  a. 
Callis,  i.  348,  a. 
Calo,  i.  348,  a. 
Calpsr,  ii.  957,  b. 
Calpumia    lex    de    ambitu,  1. 

100,  b. 
„  „    de   repetundis, 

ii.  542,  a. 
Calratica,  i.  502,  a. 
Calumnia,  i.  349,  a. 
Calumniae  judicium,  i.  349,  a. 
„      jusjurandum,  i.  349,  a. 
Calx,  i.  433,  b. 
Camara,  i.  349,  b. 
Camera,  i.  349,  b. 
Camillae,  Camilli,  i.  350,  a ;  ii. 

144,  a. 
Caminus,  i.  686,  b. 
Camisia,  i.  350,  a. 
Campagus,  i.  350,  a. 
Campestre,  i.  350,  a ;  ii.  721,  a. 
Caropidoctores,  i.  350,  b. 
Campus  sceleratus,  ii.  942,  b. 
Canabae,  ii.  69,  b. 


Canaliculus,!. 350, b;  iL854,a, 
Canalis,  1.  350,  b. 
Cancellarius,  i.  351,  b. 
Canoelli,  i.  351,  a ;  i.  433,  a. 
Cancer,  i.  219,  b. 
Candela,  i.  351,  b. 
Candelabrum,  i.  352,  a. 
Candidarii,  ii.  430,  b. 
Candidati,  i.  802,  a. 
Candidatns,  i.  100,  a. 
Canephorus,  i.  354,  a ;  ii.  327,  a. 
Canes  Pastorales,  i.  77,  a. 
Canis,  or  Canis  Sirius,  i.  221,  b. 

„     or  Canicula,  i.  221,  b; 
i.  222,  a. 

„    Venatici,  i.  77,  a. 

„    Villatici,  i.  77,  a. 
Canistrum,  i.  354,  a. 
Canna,  i.  330,  a. 
Cannaba,  i.  350,  b. 
Cannabis,  i.  71,  a. 
Canon,  i.  354,  b. 
Cantabrum,  i.  356,  a. 
Canthams,  i.  356,  a. 
Canthns,  i.  578,  a. 
Canticum,  i.  357,  a;  i.  522,  a.^ 
Canuleia  lex,  ii.  32,  b  ;  ii.  37,  a, 
Capella,  i.  218,  a. 
Caper,  i.  220,  b. 
Capis,  i.  357,  a. 
Capisterinm,  i.  357,  b. 
Capistrum,  i.  357,  b. 
Capita  aut  navia,  i.  358,  b. 
Capital,  i.  358,  b. 
Capita  censi,  i.  359,  b. 
Capitis  deminutio,  i.  360,  a ;  ii. 

801,  b. 
„  M     media,  i.  360,  a. 

„     minutio,  i.  360,  a. 
Capitium,  i.  358,  b ;  ii.  720,  b. 
Capitolini,  ii.  90,  a. 

„         ludi,  ii.  90,  a. 
Capra,  i.  218,  a. 
Capricomus,  i.  220,  b. 
Capsa,  i.  275,  a;  i.  358,  b. 
Capsarii,  i.  275,  a ;  i.  359,  a ;  ii. 

97,  a. 
Capsula,  L  358,  b. 
Captio,  ii.  461,  a. 
Capulator,  ii.  850,  b. 
Capulus,  i.  359,  b ;  i.  891,  b. 
Caput,  i.  359,  b ;  ii.  696,  a. 

„      extornm,  i.  360,  b. 
Carabus,  i.  361,  a. 
Caracalla,  i.  361,  a. 
Caragi,  -ii,  ii.  687,  b. 
Carbasus,  i.  361,  a. 
Carbatina,  i.  361,  b. 
Career,  i.  362,  a. 
Carcerarii,  i.  802,  a. 
Carceres,  i.  430,  a. 
Carchesinm,  i.  363,  b. 
Cardo,  i.  84,  b ;  i.  364,  b. 
Caristia,  i.  365,  a. 
Carmen  saeculare,  ii.  93,  b. 

„      saliare,  ii.  590,  b. 
Carmentalia,  i.  365,  b. 
Carminator,  ii.  360,  a. 
Gamarium,  i.  365,  b. 
Cameia,  i.  365,  b. 
Camifex,  i.  366,  a. 
Caroenum,  ii.  963,  b. 


1034 


LATIN  INDEX. 


Oarroballista,  iL  857,  a. 
CSftrpentuni,  i.  366,  a, 
Curptor,  i.  397,  a. 
Carrago,  i.  367,  a. 
Carrnca,  i.  367,  b. 
Carnu,  or  Carrom,  i.  367,  a. 
Cartibalum,  i.  367,  b. 
Caryatides,  i.  368,  a. 
Cassia  lex,  ii.  37,  a. 

„        „    agraria,  iL  37,  a. 

„       „    tabellaria,  ii.  37,  a. 

„        „    Terentia  frumenta- 

ria,  ii.  37,  b. 
Cassiopeia,  or  CasBiep«ia,i.218,a. 
Cassis,  i.  898,  b ;  ii.  546,  a. 
Castella,  ii.  247,  b. 
Castellarii,  i.  156,  b. 
Castellnm  aquae,  i.  154^  b. 
Castigatio,  i.  811,  b. 
Castra,  i.  369,  a. 

„      stativa,  i.  369,  b. 
Castrense  peculiam,  ii.  353y  a. 
Castrenses,  i.  383,  a. 
Castren&is  corona,  i.  548,  b. 
Catagrapha,  ii.  404,  a. 
Cataphracti,  i.  383,  b. 
Catapirates,  i.  384,  b. 
Catapnlta,  ii.  853,  a. 
Cataracta,  i.  384,  b. 
Catasta,  ii.  664,  b. 
Caieia,  i.  385,  a. 
Catella,  i.  385,  b. 
Catena,  i.  385,  b. 
Caterrarii,  i.  917,  b. 
Cathedra,  i.  386,  a;  ii.  619,  a. 
Catillam,  or  Catillns,  i.  386,  b; 

ii.  175,  b. 
Catinnm,  or  Catinus,  i.  386,  b. 
CaTaediuxD,  i.  669,  b. 
Cavea,  i.  110,  b;  i.  430,  b;  ii. 

821,  b. 
Cavere,  i.  390,  a. 
Cavemae,  i.  1,  b. 
Cavi  menses,  i.  341,  a. 
Canlae,  ii.  568,  a. 
Caupo,  i.  387,  a. 
Caupona,  i.  387,  a. 
Causae  probatio,  ii.  353,  a. 
Causia,  i.  388,  b. 
Cautio,  i.  389,  a. 

„      Muciana,  i.  389,  b. 
Cavum  aedium,  i.  669,  b. 
Celet«8,  i.  390,  a ;  i.  754,  a. 
Celerum  tribunos,  i.  781,  a, 
Cella,  i.  390,  b ;  ii.  774,  a. 
Cellae  familiares,  i.  672,  b. 

„      servoram,  i.  6'/ 2,  b. 

„      vinariae,  ii.  964,  a. 
Cellarins,  i.  390,  b. 
Celox,  i.  391,  a. 
Cena,  i.  391,  b. 

„     recta,  ii.  692,  b. 
Cenacula,  i.  665,  b. 
Cenatoria  Yestis,  i.  396,  a;  ii. 

748,  a. 
Cenotaphiam,  i.  397,  b. 
Censere,  i.  399,  b. 
Censiti,  i.  472,  a. 
Censitores,  L  403,  a. 
Censor,  i.  397,  b. 
Censoria    nota,    i.   401,  a;    i. 

1007,  a. 


Censuales,  i.  403,  a. 
Censara,  i.  397,  b. 
Census,  i.  399,  a. 

„       (GreekX  i.  403,  a. 
Centaurus,  i.  222,  b. 
Centesima,  i.  404,  b. 

„         rerum  veoalium,  i. 

38,  a ;  i.  404,  b. 
Centeaimae  usurae,  i.  835,  a. 
Centetimatio,  i.  602,  a. 
Cento,  i.  404,  b. 
Centonarii,  i.  404,  b. 
Centrum,  ii.  696,  a. 
Centmnviri,  i.  404,  b. 
Centunculus,  i.  404,  b. 
Centuria,  i.  50,  a;  i.  57,  b;  i. 

85,  a;  i.  782,  a;  i.  1034,  b; 

ii.  163,  b. 
Centuriata  comitia,  i.  504,  b. 
Centurio,  i.  798,  b. 

„        primipili,  i.  798,  b. 
Cepheis,  i.  218,  b. 
Cepheus,  i.  217,  a. 
Cepotaphiura,  i.  405,  b. 
Cera,  i.  405,  b;  i.  822,  b;  ii. 

753,  a;  ii.  805,  a. 
Cerae,  ii.  753,  a. 
Ceratae  tabulae,  ii.  754,  a. 
Cerdo,  i.  406,  a. 
Cerei,  ii.  600,  b. 
Cerevisia,  i.  407,  a. 
Ceriales  Ludi,  i.  406,  a. 
Cerialia,  i.  406,  a. 
Cemere  hereditatem,  i.  950,  a. 
Ceroma,  i.  406,  a. 
Certamen,  i.  241,  a. 
Certi,  incerti  actio,  i.  406,  b. 
Ceruchi,  ii.  218,  a. 
Ceryesia,  i.  407,  a. 
Carvi,  i.  407,  b ;  u.  918,  b. 
Cervical,  i.  407,  b. 
Cervisia,  i.  407,  a. 
Cervoli,  i.  380,  a ;  ii.  918,  b. 
Cessio  bonorum,  i.  305,  b. 
Cessio  in  jure,   i.   653,  a;    i. 

1036,  a;  ii.  983, a. 
Cesticillus,  i.  407,  b. 
Cestius  pons,  ii.  458,  b. 
CestrUm,  ii.  393,  a. 
Cestus,  i.  407,  b. 
Cetra,  i.  408,  a. 
Cetus,  i.  221,  a. 
Chalcidinm,  i.  408,  b. 
Chalcus,  ii.  455,  a. 
Chaldaei,  i.  213,  a. 
Charistia,  i.  365,  a. 
Charta,  ii.  57,  b. 
Cheironomia,  i.  409,  b ;  i.  930,  a. 
Chelae,  i.  220,  a. 
Cheniscus,  ii.  216,  b. 
Chiramaxium,  i.  411,  a. 
Chirographum,  i.  41 1,  a. 
Chiron,  i.  222,  b. 
Chirurgia,  i.  412,  a. 
Chlamys,  i.  415,  b. 
Choragus,  i.  419,  a. 
Choregia,  i.  417,  a. 
Choregus,  i.  417,  a. 
Chorobates,  i.  419,  a. 
Chorus,  i.  419,  a. 
Chronologia,  i.  424,  b. 
Chryselephantina,  i.  426,  a. 


Chrysendeta,  L  426,  a. 

Chrjsoaspides,  i.  185^  a. 

(Sbaria  sanrorum,  i.  59,  a. 

Cibarium  secundarinm,  i.  66,  b. 

Ciborium,  i.  427,  il 

Cicer,  i.  69,  a. 

Cioera,  i.  70,  a. 

Cioercula,  i.  69,  a. 

Cidaris,  ii.  839,  b. 

Cilida,  i.  74,  b. 

Cilicium,  i.  427,  a. 

Cilliba,  i.  427, a;  ii.  157,  a. 

Cincia,  or    Munermlisy    lex,   iL 

37,  b. 
Cinctura,  i.  427,  a. 
Cinctus,  ii.  905,  b. 

„      Gabinns,   ii.   3t  &t    ^' 
848,  b. 
Cinerarius,  i.  329,  b. 
Cingulum,  i.  427,  a. 
Ciniflo,  i.  329,  b. 
Cippus,  i.  429,  a ;  ii.  443^  b. 
Circenses  ludi,  i.  437,  a. 
Circinus,  i.  429,  b. 
Circuitores,  i.  156,  b ;  L  S37,  a. 
Circumlitio,  ii.  395^  b. 
Circumluvio,  i.  98,  b. 
Circus,  L  430,  a. 

„      Maximus,  i.  430,  a. 
Cisiarii,  i.  439,  a. 
Cisium,  i.  439,  a. 
Cista,  L  439,  b. 
CUUlla,  i.  439,  b. 
Cistophorus,  L  441,  a. 
Cithara,  U.  104,  b. 
Ciyica  oorqna,  i.  547,  b. 
Civile  jus,  i.  449,  a;  i.  1041,  a. 
Cirilis  actio,  L  21,  a. 
Civis,  i.  448,  a. 
Civitas  (Greek),  i.  441,  b. 

„      (Roman),  i.  448,  a. 
Clabnlaris,  i.  450,  a. 
Clandestina  possession  i.  1018,  a. 
Clarigatio,  i.  840,  a. 
Clarissimi,  i.  992,  a. 
Classics  corona,  i.  548,  b. 
Classici,  i.  380,  b  ;  L  802,  b. 
Classicum,  i.  544,  a. 
Clathri,  i.  686,  b. 
Clava,  i.  450,  a. 
Clavarium,  i.  453,  a. 
Claudia  lex,  ii.  38,  a. 
Claricula,  i.  380,  a. 
Claviger,  i.  452,  a. 
Clavis,  i.  450,  b ;  iL  899,  a. 
Clavola,  ii.  263,  b. 
Claustra,  i.  989,  a. 
Clavularis,  i.  450,  a. 
Clavus,  i.  452,  b. 

„      angustus,  L  453,  b. 

„      annalis,  i.  453,  b. 

„      latus,  i.  453,  b. 
Clepsydra,  i.  973,  a. 
Clibanarii,  i.  384,  a. 
Cliens,  i.  456,  b. 
Clientela,  i.  457,  a. 
Clima,  L  458,  a ;  iL  163,  b. 
Clipeus,  -um,  L  458,  b  ;  L  993,  a. 
Clitellae,  i.  461,  a. 
Cloaca,  i.  461,  b. 
Cloacae  serritus,  ii.  653^  a. 
Cloacarium,  L  462,  b 


LATIN  INDEX. 


1035 


Oloftcarnm  cvraiona,  i.  462,  b. 
ClodUe    leges,  i.  878,  b;    ii. 

38,  b. 
Coactiliarii,  ii.  d45,  a. 
Ooactor,  i.  463,  b. 
Coactora,  ii.  850,  b. 
Coa  vesiiB,  i.  463,  b. 
Cochlea,  or  Codea,  i.  463,  b. 
Oochlifl,  i.  463,  b. 
Cocleae,  i.  82,  a. 
Coclear,  i.  464,  b. 
Codes,  i.  464,  b ;  ii.  753,  b. 

„      accept!    «t    ezpenai,    i. 
465,  a. 

„      Qregorianae  et  Henno- 
gianns,  i.  466,  a. 

„      Hermogeanina,  i.  466,  b. 

„      Justinianus,  i.  466,  b. 

„      Theodoaianus,  i.  467,  a. 
Codicilli,  i.  464,  b ;  ii.  753,  b ; 

ii.  807,  a. 
Coemptio,  i.  648^  b ;  iL  140,  b ; 

ii.  801,  b. 
Coercitio^  ii.  Ill,  a;  ii.  874,  a. 
Cognati,  i.  468,  a. 
Cognatio,  i.  468,  a. 
Cognitio       extraordinaria,      i. 

1018,  b;  I  1031,  a. 
Cognitor,  i.  20,  b. 
Cognomen,  ii.  234,  a. 
Coheres,  i.  948,  b. 
Cohors,  i.  785,  b. 

„      in  piano,  i.  78,  a. 
Cohortes  civinm   Romanorum, 
i.  791,  b. 
„        eqaitatae,  i.  790,  a. 
„        milliariae,  i.  790,  a. 
„        peditatae,  i.  790,  a. 
„        praetoriae,  i.  791,  a ; 

i.  793,  b. 
„        quineenariae,  i.  790,  a. 
„        vigilnm,  i.  794,  b. 
„        urbanae,  i.  794,  a. 
Coliphia,  i.  238,  a. 
Coliseum,  i.  107,  b. 
CoUare,  -inm,  i.  470,  a. 
Collatio  bonorum,  i,  306,  a. 
Collectarii,  i.  181,  b. 
Collegae,  i.  470,  a. 
Collegatarii,  ii.  20,  b. 
Collegium,  i.  470,  a ;  ii.  979,  a. 
ColUciae,  i.  471,  a;  i.  849,  a. 
Colliquine,  i.  471,  a. 
Collybus,  i.  181,  b. 
CoHrrium,  i.  471,  b. 
Colobium,  ii.  317,  a. 
Colonatua,  x.  471,  b. 
Coloni,  i.  471,  b ;  ii.  70,  a. 
„      indigenae,  i.  60,  a. 
Colonia,  i.  472,  b. 
Colonus,  i.  60,  a. 

„       urbanus,  i.  60,  a. 
Colores,  L  484,  a. 
Colosseum,  i.  107,  b. 
Colossicotera,  i.  488,  a. 
Colossus,  i.  487,  a. 
Colum,  i.  488,  b ;  ii.  964,  b. 
Columbar,  i.  488,. b. 
Columbarium,  i.  79,  b;  i.  488,  b ; 

ii.  647,  b. 
Columella,  ii.  854,  b  \  ii.  868,  a. 
Columen,  i.  489,  a. 


j> 


tf 


Colnmna,  i.  489,  a. 

„        cochlis,  i.  495,  a. 
„        rostrata,  i.  495,  a. 
Columnarinm,  i.  496,  a. 
Coins,  i.  897,  b. 
Coma,  i.  496,  a. 
Comes,  i.  502,  b  ;  ii.  489,  b ;  ii. 

509,  b. 
Comissatio,  i.  503,  a ;  ii.  740,  a. 
Comitia,  i.  503,  a. 

calata,   i.   503,  a ;    i. 
504^  b ;  ii.  802,  b ; 
ii.  804,  b. 
centuriata,  i.  504,  b. 
oonsularia,  v  505,  b. 
curiata,^.  503,  b;  iL 

802,  b. 
praetoria,  i.  505,  b. 
tribnta,  i.  509,  a;  ii. 
8«4,a. 
Commendatione#morientium,  i. 

855,  b. 
Commentariensts,  i.  803,  a;  i. 

804,  b. 
Commentaril  sacrorum,  ii.  462,a. 
Senatus,  i.  12,  a; 
ii.  631,  a. 
Commentarinm,  i.  1039,  a;  ii. 

154,  b. 
Commentarius,   i.   512,   a;     i. 

1039,  a. 
Commercium,  i.  448,  b. 
Commissoria  lex,  i.  512,  b. 
Commissnm,  i.  512,  b. 
Commixtio,  i.  527,  b. 
Commodans,  i.  513,  a. 
Commodatarius,  i.  513,  a. 
Commodati  actio,  i.  513,  a. 
Commodatum,  i.  513,  a. 
Communi  dlvidundo    actio,    i. 

513,  b. 
Comoedia,  i.  514,  a. 
Compensatio,  i.  528,  a. 
Comperendini  dies,   i.  636,  b; 

i.  1030,  a. 
Compes,  i.  523,  b. 
Competitor,  i.  100,  a. 
Compitalia,  i.  523,  b. 
Compitalidi  ludi,  i.  523,  K 
Complexus  remigum,  ii.  215,  a. 
Compluirium,  i.  669,  b. 
Compotatio,  ii.  742,  b. 
Compromissum,  i.  1026,  b ;  ii. 

539,  b. 
Computatio,  ii.  71»  a. 
Concamerata  sndatio,  i.  272,  a. 
Conceptivae  feriae,  i.  837,  a. 
Concha,  i.  317,  b;  i.  524,  a. 
Conciliabulum,  i.  482,  a. 
Condliarii,  i.  212,  a. 
Concilium,  i.  524,  b. 

„  plebis,  i.  510,  a. 

Concio,  i.  538,  a. 
Conclamatio,  i.  889,  b. 
Conclave,  i.  525,  a. 
Concubina  (Qreek),  i.  525,  a. 
„        (Roman),  i.  526,  a. 
Concubinatua,  i.  526,  a. 
Condemnatio,  i.  17,  b ;  i.  1030,  b. 
Condictio,  i.  15,  b;  i.  16,  a;  i. 

896,  a;  ii.  958,  a. 
Conditurae,  ii.  966,  a. 


Conduetio,  ii.  70,'a. 
Conductor,  ii.  70,  a ;  ii.  402,  b. 
Condus,  i.  391,  a. 
Confarreatio,    i.    648,    a;     ii. 

140,  b. 
Confessio,  i.  526,  b. 
ConfesBoria  actio,  L  527,  b. 
Confidejussor,  i.  1014,  b. 
Confidepromissor,  i.  1014,  b. 
Confitsio,  i.  527,  b. 
Congiarium,  i.  528,  b. 
Congiiu,  i.  529,  a. 
ConjuraUo,  i.  805,  b ;  i.  1049,  b. 
Connubium,  ii.  138,  b. 
Conopeum,  i.  529,  a. 
Conquisitores,  i.  529,  b. 
Consanguine!,  i.  468,  h, 
Conscripti,  ii.  621,  a. 
Consecratio,  i.  139,  b ;  i.  1002,  b. 
Consensus,  ii.  256,  a. 
Condliarii,  i.  529,  b. 
Consilium,  i.  529,  b. 
Consifltorium,  i.  530,  b. 
Consobrina,  i.  469,  a. 
Consobrinus,  i.  469,  a. 
Consortium,  ii.  680,  b. 
Consponsor,  i.  1014,  U 
Constellatio,  i.  214,  b. 
Constitutiones,  i.  531,  b. 
Consualia,  i.  532,  a. 
Consul,  i.  532,  a. 
Consulares,  ii.  510,  b. 
Consniaris,  i.  537,  b. 
Consulti,  i.  1037,  a. 
Contestari,  ii.  68,  a. 
Contignationes,  i.  666,  b. 
Contio,  i.  538,  a. 
Contomiati,  i.  538,  b. 
Contractos,  ii.  256,  a. 
Contrados,  i.  690,  b. 
Contrascriptor,  ii.  696,  b. 
Contrectatio,  L  895,  a. 
Contribnles,  ii.  885,  a. 
Controversia,  i.  83,  b ;  i.  1026,  a. 
Contnbemales,  i.  540i,  a. 
Contobeminm,    i.    526,  b;    i. 

540,  a ;  ii.  660,  b. 
Contumelia,  i.  1010,  a. 
Contus,  i.  540,  b. 
CouTentio  in  manum,  ii.  138,  b ; 

ii.  141,  b. 
CouTentionea,  ii.  256,  a. 
CouYentus,    i.    540,    b;     ii. 

507,  b. 
Conyicinm,  i.  1010,  a. 
Convivii  magister,  ii.  743,  a. 

„       rex,  ii.  743,  a. 
Convirium,  ii.  740,  a. 
Cooptare,  i.  470,  a. 
CoopUtio,  i.  909,  b ;  ii.  461,  b. 
Copa,  -o,  i.  387,  a. 
Cophinus,  i.  541,  a. 
Corbicula,  i.  541,  b. 
Corbis,  i.  541,  b. 
Corbitae,  i.  541,  b. 
Corbula,  i.  541,  b. 
Coriarius,  i.  542,  a. 
Comdia  lex  agraria,  ii.  38,  b. 
„    de  alea,  i.  97,  a. 
„    de  ialsis,  i.  822,  a. 
„    frument^ria,     i. 
878,  a. 


»» 


n 


n 


n 


w 


w 


»» 


n 


ft 


n 


>» 


n 


1036 

Cornelia  lex  de    injnriuy    L 
1010,  b. 
tf        n    jadiciaria,  i.  1028, 
a. 
„    majeatatis,  ii.  114, 

b. 
„    de  noTis  tabellis, 
ii.  40,  a. 
„        „     Bnmmaria,i.822,a. 
„    de    parricidio,    iL 

39,  a. 
„    de     proscriptione 
et  proBcriptis,  ii. 
504,  a. 
„        „    de  repetundii,  ii. 
542,  b. 
„    de  sacerdotiis,  ii. 
461,  b. 
de  sicariis  et  vene- 
ficls,  i.  1003,  a ; 
ii.  11,  a;  ii.39,a; 
ii.  939,  b. 
„    de  spDzuoribns,  i. 

1015,  a. 
„    Bnmptaaria,     iL 

725,  a. 
„    testamentariay     i. 
822,  a. 

„        „    tribanicia,  ii.  39,b. 
„        „     onciaria,  ii.  39,  b. 
Cornelia  Baebia  lex,  i.  100,  b ; 
ii.  39,  b. 
„       Caecilia  lex,  i.  878,  b. 
„        et  Caecilia  lex,  ii.  39,  b. 
Comidnes,  i.  35,  b ;  i.  544,  a. 
Comicnlarins,    i.    543,   b;    i. 

803,  b. 
ComJcnlam,  i.  543,  b. 
Comu,  i.  543,  b. 
Comaa,  ii.  59,  a. 
Cornucopia,  -ae,  i.  544,  b. 
Corolla,  i.  545,  a. 
Corona,  i.  217,  b;  i.  490,  a ;  i. 
545,  a. 
„      Ariadnes,  i.  217,  b. 
„      caetrensis,  i.  548,  b. 
„      dyica,  i.  547,  b. 
„      classica,  i.  548,  b. 
„       convivialis,  i.  550,  b. 
„       Etnuca,  i.  546,  a. 
„       fanebris,  i.  550,  a. 
„       graminea,  i.  547,  b. 
„       hospitalis,  i.  547,  b. 
„      lemniscata,  i.  546,  a. 
„      longa,  i.  546,  a. 
„       Minoa,  i.  217,  b. 
„      muralifl,  i.  548,  b. 
„      natalicia,  i.  551,  b. 
„       navalis,  i.  548,  b. 
„       nuptialia,  i.  551,  b. 
„       obeidionalis,  i.  547,  b. 
„      oleagina,  i.  549,  a. 
„       ovalis,  i.  549,  a. 
„       pactilis,  i.  546,  b. 
„      pampinea,  i.  549,  b. 
„       plectilis,  i.  546,  b. 
„       radiata,  i.  549,  b. 
„       rostrata,  i.  548,  b. 
„      spicea,  i.  549,  b. 
„       sutilis,  i.  545,  b. 
„       tonsa,  i.  546,  b. 
„       torta,  i.  546,  b. 


LATIN  INDEX. 

Corona  triamphalis,  i.  548,  b. 

„     rallaris,  i.  548,  b. 
Coronarit^  -ae,  i.  545,  a. 
CoroniB,  i.  490,  a ;  i.  551,  b. 
Coronix,  i.  551,  b. 
Corporati,  ii.  978,  b. 
Corporatio,  i.  470,  a ;  iL  978,  b. 
Corpus,  ii.  59,  a. 

„      juris  ciyilis,  i.  551,  b. 
Correctores,  ii.  487,  a. 
CorreuB,  ii.  258,  b. 
Corrigia,  i.  552,  a. 
Cortina,  i.  553,  a. 
Corvus,  i.  222,  b ;  i.  552,  b. 
Corybantes,  L  553,  a. 
Corycaeum,  i.  283,  a ;  i.  927,  a. 
Corycus,  i.  553,  b. 
Coryphaeus,  i.  420,  a. 
Corytus,  i.  170,  b. 
Cosmetae,  i.  553,  b. 
Cosmetes,  i.  553,  b ;  i.  928,  a. 
Cosmetriae,  i.  553,  b. 
Cosmi,  i.  553,  b. 
Cothurnus,  i.  557,  b ;  ii.  861,  b. 
Cotoriae,  ii.  933,  a. 
Cotyla,  i.  559,  b. 
Covinarii,  i.  560,  b. 
Covinus,  i.  560,  a. 
Crapula,  ii.  966,  a. 
Crater,   Cratera,  i.  222,  b;   i. 

560,  b. 
Crates,  i.  562,  a. 
Craticula,  -am,  i.  562,  b. 
Creditor,  ii.  254,  b. 
Creditum,  i.  182,  a. 
Crepida,  i.  562,  b. 
Crepidata  fabula,  i.  563,  a. 
„        tragoedia,  i.  423,  b ; 

i.  563,  a. 
Crepido,  ii.  951,  a. 
Creta,  i.  433,  b. 

„      fullonia,  i.  881,  b. 
Cretifodinae,  ii.  933,  a. 
Cretio  hereditatis,  i.  950,  a. 
Cretula,  ii.  754,  a. 
Crimen,  i.  563,  a. 
Crimina  extraordinaria,  i.  564,a. 
Criobolium,  ii.  763,  a. 
Crista,  i.  899,  a. 
Croeota,  i.  564,  a. 
Crotalistria,  i.  565,  a. 
Crotalum,  i.  564,  b. 
Cruda,  i.  844,  b. 
Crumena,  i.  565,  a. 
Crusts^  i.  326,  a;  i.  728,  a. 
Crux,  i.  565,  a. 
Crypta,  i.  568,  b. 
Cryptoportictts,  L   569,  a;   ii. 

957,  a. 
Cteaibica  machxna,  i.  570,  b. 
Cubicularii,  i.  571,  a. 
Cubiculum,  i.  112,  b ;  i.  571, a; 

i.  671,  a. 
Cubitos,  i.  571,  a. 
Cubus,  i.  571,  a. 
Cuculio,  i.  59,  b. 
Cucullus,i.  571,  a. 
Cucarbita,  i.  590,  a. 
Cudo,  or  Cudon,  i.  571,  b;  i. 

899,  a. 
Culcita,  ii.  18,  b. 
Culeus,  i.  571,  b ;  i.  572,  a. 


n 


tf 
ft 


Culina,  L  671,  b. 
Culleus,  i.  571,  b;  i.  572,  a. 
Culmen,  i.  489,  a. 
Culpa,  i.  572,  a. 
„      lata,  i.  572,  a. 
„      leris,  i.  572,  b. 
Culter,  i.  572,  b. 
Cultrarins,  L  572,  b. 
Cumatium,  i.  590,  b. 
Cunabula,  x.  573,  a ;  L  1005,  a. 
Cunae,  i.  573,  a. 
Cunaria,  i.  573,  a. 
Cuneus,  i.  112,  b;  ii.  815,  a. 
Cuniculus,  i.  573,  b. 
Cupa,  i.  573,  b;  ii.  868,  a;  iL 

964,  a. 
Cura  adolescentium,  i.  574,  a. 

„    annonae,  i.  32,  b. 

„    anuli,  L  131,  a. 

„    bonorum,  L  575,  b. 

abfientia,i.575,b. 

et     ventris,     i. 
575,  b. 
„     fariosorum,  i.  575,  a. 
„    hereditatis,  L  575,  b. 
„  „  jacentia,     i. 

575,  b. 
„    ludorum,  i.  32,  b. 
„    minorum,  i.  574,  a. 
„    urbis,  i.  32,  a. 
Curatela,  i.  574,  a. 
Curator,  i.  574,  a. 
Curatores,  i.  575,  b  ;  i.  8a,  b. 
alvei  et  riparum,  L 

575,  b. 
annonae,  i.  575,  b. 
aquarum,  i.  156,  a. 
kalendarii,  i.  576,  a. 
ludorum,  L  576,  s. 
operum  public»ram, 

L  576,  a. 
regionum,  L  576,  a. 
reipublicae,  L  576,  a. 
tabnlamm     publica- 
rum,  L  576,  a. 
„        yiarum,  ii.  948,  b. 
Curia,  i.  482,  a;  L  576,  b;  i. 

577,  a. 
Curiae,  L  482,  a ;  i.  576,  b. 
Curiales,  L  482,  a;    i.  577,  a; 

i.  606,  b. 
Curiata  oomitia,  i.  503,  b. 
Curio,  i.  577,  b. 

„      maximus,  i.  577,  b. 
Curriculum,  i.  434,  b. 
Curni4,  i  216,  a ;  i.  577,  b. 
„      arcuatus,  i.  581,  a. 
Cursores,  i.  581,  a. 
Cnrsus,  i.  581,  a. 

„      publicus,  i.  583,  a. 
Cnrratura,  ii.  854,  a. 
Carulea  magistratns,  ii.  619,  b. 
Curulis  sella,  ii.  619,  b. 
Cuspis,  i.  934,  b. 
Custodta,  L  589,  a. 
Custodes,  custodiae,  i.  377, a; 

L  801,  b. 
Custos  urbis,  ii.  477,  a. 
Cyathus,  i.  589,  b ;  u.  530,  b. 
C^baea,  i.  590,  a. 
Cydas,  i.  590,  a. 
C^cnus,  L  218,  a. 


w 

»» 
tf 

ft 


Cjlindras,  i.  590,  a. 
Cyma,  i.  590,  b. 
Cjnnatiain,  i.  590,  b. 
Cymba,  i.  590,  b. 
Cymbalistria,  i.  591,  b. 
Cymbalum,  i.  590,  b. 
Cyinbiam,  i.-591,  b. 
Cjnosura,  i.  216,  b. 


»> 


»» 


»> 


»» 


D. 


Dactyliotheca,^.  592,  b. 
Daedala,  -eia,  i.  592,  b. 
Dalmatica,  i.  594,  a. 
Damni  injuria  actio,  i.  595,  a. 
Damnum,  i.  594,  b. 

infectnm,  i.  594,  b. 
injuria     datum,     i. 

595,  a. 
Dardanarii,  i.  597,  b. 
Daricua,  i.  597,  b. 
Dealbatores,  L  598,  b. 
Dabitor,  it  254,  b. 
Decanus,  i.  599,  a. 
Decamjugit,  i.  579,  b. 
Decempeda,  i.  600,  a ;  ii.  162,  a. 
Decern  Primi,  i.  600,  a. 
Decemyiri,  i.  600,  b. 

agria  dividnndia,  i. 
602,  n. 

legibus  Bcribendis,  i. 

600,  b. 
litibus,  or  stiitibua, 

judicandis,     i. 

601,  a. 
sacrorum,  or  sacris 

fttdendis,  i.  601,b. 
Decennalia,  or  Deoennia,  i.602,a. 
Decimanus,  i.  84,  b. 
Decimatio,  i.  602,  a. 
Dedmatrus,  ii.  535,  b. 
Declamatio,  i.  602,  a. 
Declinatio,  i.  458,  a. 
Decocta,  ii.  520,  a. 
Decoctor,  i.  602,  b. 
Decreta,  i.  531,  b. 
Decretnm,  i.  602,  b. 
Decumae,  L  603,  a. 
Decumani,  i.  605,  b. 
Decunctt,  i.  606,  a. 
Decuria,  i.  606,  a. 
Decuriae,  ii.  613,  a;  ii.  979,  a. 

„        judicum,  i.  1028,  a. 
Decurialea,  ii.  979,  a. 
Decurialia,  i.  606,  b. 
Decuriati,  ii.  979,  a. 
Decuriatio,  i.  100,  b. 
Decuriones,  i.  482^  a ;  i.  606,  b ; 

i.  754,  a. 
Decursio,  -ua,  i.  608,  a. 
Decursoria,  ii.  457,  b. 
Decusris,  i.  608,  b. 
Dedicare,  i.  687,  b. 
Dedicatio,  i.  608,  b. 
Dediticu,  i.  608,  b. 
Deditio,  i.  608,  b ;  ii.  681,  b. 
Dedncere,  i.  608,  b. 
Deductio,  i.  608,  b. 


LATIN  INDEX. 

Deductores,  i.  100,  a ;  i.  608,  b. 
Defensor  ciyitatis,  i.  609,  a. 
Defensores,  ii.  513,  a. 
Defrutum,  ii.  963,  b. 
Dejecti  effusive  actio,  i.  609,  b. 
Delatio  nominia,  i.  610,  a. 
Delator,  i.  610,  b. 
Delectus,  i.  805,  a. 
Delia,  i.  610,  b. 
Delictum,  i.  563,  b. 
Delmatica,  i.  594,  a. 
Delphin,  or  Delphinus,  i.  218,  b. 
Delpbines,  -i,  i.  434,  b. 
Delpbinia,  i.  611,  a. 
Delta,  ii.  248,  a. 
Delubrum,  ii.  773,  b. 
Demarcbi,  i.  611,  b. 
Demensum,  it.  666,  b. 
Demetria,  i.  612,  b. 
Deminutio  capitis,  i.  360,  a. 
Deminrgi,  i.  612,  b. 
Demonstratio,  i.  17,  b. 
Demus,  x.  614,  b. 
Denarius,  i.  617,  a. 
Dendropbori,  i.  617,  a. 
Denecales  feriae,  i.  837,  a. 
Dens,  or  Dentale,  i.  160,  a. 
Dentifricium,  i.  617,  a. 
Depeosi  actio,  i.  1014,  b. 
Deponens,  i.  618,  a. 
Depontani  senes,  i.  617,  b. 
Deportatio,  i.  820,  b. 

„  in  insulam,  i.  820,b. 

Depositarius,  i.  618,  a. 
Depositi  actio,  i.  618,  a. 
Depositor,  L  618,  a. 
Depositum,  i.  182,  a;  i.  618,  a. 
Derelictio,  ii.  652,  a. 
Derogare  legem,  ii.  33,  a. 
Deserter,  i.  618,  b. 
Designator,  i.  891,  a. 
Desultor,  i.  618,  b. 
Detestatio  sacrorum,  i.  911,  a. 
Deyergentia,  i.  458,  a. 
Deyersorium,  i.  387,  b. 
Dennz,  i.  619,  a ;  ii.  455,  a. 
Deyotio,  ii.  583,  a. 
Deztans,  i.  619,  a;  ii.  455,  a. 
Deztrale,  i.  619,  a. 
Deztrocherium,  i.  619,  a. 
Diadema,  i.  619,  b. 
Diaeta,  i.  672,  b. 
Diaetetica,  i.  623,  b. 
Dialis  flamen,  i.  865,  a. 
Diarium,  ii.  666,  b. 
Dtatreta,  i.  626,  a ;  ii.  973,  b. 
Dicere,  i.  631,  b. 
DicUtor,  1.  630,  b. 
Didla  lex,  ii.  724,  b. 
Diem  dicere,  i.  1027,  a. 
Dies,  i.  634,  b. 

„    atri,  i.  636,  a. 

„     ciyilis,  i.  634,  b. 

„    comitiales,  i.  636,  a. 

„    comperendini,  i.  636,  b. 

„     fasti,  i.  635,  b. 

„    feriati,  i.  636,  a ;  i.  836,  b. 

„     festi,  i.  636,  b. 

„    fissi,  i.  636,  b. 

„    intercisi,  i.  636,  a. 

„     lustricua,  ii.  102,  b. 

„    naturalis,  i.  634,  b. 


4i 


1037 


Dies  nefasti,  i.  636,  a. 

„    parentales,  i.  893,  b. 

„    postriduani,  i.  636,  a. 

„    proeliales,  i.  636,  b. 

„    profesti,  i.  636,  b. 

„     religiofi,  i.  636,  a. 

„    sementina,  i.  838,  b. 

„    sUti,  i.  636,  b. 

„    yitiosi,  i.  636,  a. 
Diffarreatio,  i.  648,  b. 
Digesta,  ii.  330,  a. 
Digitalia,  ii.  121,  a. 
Digitus,i.  592,  b;  ii.  161,  b. 
Dilatoria  ezceptio,  i.  19,  b. 
Dilectus,  i.  805,  a. 
Diligentia,  i.  572,  a. 
Dimachae,  i.  637,  a. 
Dimachaeri,  i.  917,  b. 
Dimensum,  ii.  666,  b. 
Dionysia,  i.  637,  a. 
Dioptra,  i.  924,  a. 
Diploma,  i.  641,  a. 
Diptycha,  I.  643,  b;  ii.  753,  b. 
Directa  actio,  i.  21,  b. 
Diribitores,  i.  508,  a ;  I  644,  a. 
Discessio,  ii.  629,  a. 
Discinctus,  ii.  905,  b. 
Discus,  i.  644,  b. 
Dispensator,  i.  645,  a ;  ii.  666,  a. 
Dissignator,  i.  891,  a. 
Diyerbta,  i.  357,  a ;  i.  522,  a. 
Dividiculum,  i.  154,  b. 
Diyinatio,  i.  645,  a. 

„        (law  termX  i.  647,  a. 
Diyisores,  i.  100,  b. 
Diyortiuro,  i.  647,  b. 
Doctores,  i.  801,  b. 
Dodrans,  i.  650,  a;  ii.  455,  a. 
Dogmatici,  ii.  153,  a. 
Dolabella,  i.  650,  a. 
Dolabra,  i.  650,  a. 
Dolium,  i.  650,  a;  ii.  964,  a. 
Dolo,  L  651,  a. 
De  dolo  malo  actio,  U.  543,  b. 
Dolus  malus,  i.  572,  a. 
Domidlium,  i.  651,  a. 
Dominium,  i.  651,  b. 
Domious,  i.  654,  a ;  L  916,  b. 
Domitia  lex,  ii.  461,  b. 
Domus,  i.  213,  b;  i.  654,  a. 

„      triumphalia,  ii.  897,  b. 
Dona,  i.  687,  b. 
Donaria,  i.  687,  a. 
Donatio,  i.  688,  b. 

„        mortis  causa,  i.  689,  b. 
„        propter      nuptias,     i. 
690,  b. 
Donationes    inter     yirum     et 

nxorem,  i.  689,  a. 
Donatiyum,  i.  528,  b. 
Dormitoria,  i.  671,  a. 
Dorsuarius,  i.  694,  a. 
Dorsum,  ii  951,  a. 
Dos  (GreekX  i.  691,  a. 
„    (Roman),  i.  693,  a. 
„    adventicia,  i.  693,  a. 
„    constituta,  i.  693,  a. 
„    profectitia,  i.  693,  a. 
„    reoepticia,  i.  693,  a. 
Dosauarius,  L  694,  a. 
Dotia  actio,  i.  694,  a. 

„    datio^  L  693,  a. 


1088 

Dotifldictio,  i.  69S,  a. 

„    pmnissio,  L  693,  a. 
Drachma,  i.  694,  a ;  ii.  455,  a. 
Draco,  i.  217,  a. 
Daoenarii,  i.  694,  b. 
Dacentesima,  i.  404,  b. 
Dnillia  lex,  ii.  40,  a. 

„      Maenia  lex,  ii.  40,  b. 
Dulciarii,  ii.  430,  b. 
Daodecim  soripta,  i.  695,  a. 
Duo  Viri,  i.  696,  b. 

„        aadi    dedicandae,    i. 

697,  a. 
„        jnri  dicando,  i.  697,a. 
„        nayales,  i.  697,  a. 
„        perdoellionis,     ii. 

vioo,  a* 
„        quinqaeniialM,      i. 
697,  a. 
saeromm,  x.  697,  a. 
viis  exin  urbam  pur- 
gandis,  i.  697,  a; 
iL  949,  a. 
Duplarii,  i.  697,  a. 
Duplioarii,  I  697,  a;  i.  787,  b. 
Daplicatio,  i.  20,  a. 
Dnpliim,  i*  895,  b. 
DupoDdinm,  i.  697,  b. 
Duponditis,  i.  203,  a;  i.  697,  b. 
Danis,  i.  201,  b. 
DunmYir,  i.  696,  b. 
Diu,i.  798,  a;  IL  506,  b. 


»» 
» 
99 
99 


Ebur,  i.  715,  a. 

Ecclesxa,  i.  697,  b. 

Eclectic!,  ii.  153,  a. 

Ectypum,  i.  704,  a. 

Eculena,  i.  704,  b. 

Ecnrria,  i.  753,  h, 

Edere  actionem,  i.  14,  a. 

Edicta,  i.  531,  b. 

Edictales  constitntiones,  i.5dl,b. 

Edictum,  i.  704,  b. 

aediUcium,  i.  704,  b. 

perpetnom,  i.  705,  a. 

proTinciale,  i.  705,  b. 

repentinum,  i.  705,  a. 

Theodorid,  i.  706,  b. 

traUticium,  i.  705,  a. 
„        urbanum,  i.  705,  b. 
Editor,  i.  916,  b. 
Ediioru  Tribunal,  i.  112,  b. 
Effigies,  i.  891,  b. 
Effractor,  i.  707,  a. 
Elaeothesium,  i.  272,  b ;  1 927,  a. 
Electmm,  i.  714,  a. 
Elepbantns,  i.  715,  a. 
Eleusinia,  i.  715,  b. 
EUychnium,  ii.  81,  b. 
Elogia,  i.  992,  b. 
Emancipatio,  L  726,  a. 
Emansor,  i.  618,  b. 
Emblema,  i.  727,  b. 
Embolia,  x.  11,  a. 
Emeriti,  i.  809,  a. 
Emiasariom^  i.  728,  b. 


LATIN  INDEX. 

Emphyteusis,  i.  730,  b. 
Kmphyteuta,  i.  730,  b. 
Emphyteuticaria     praedia,     L 

731,  a. 
Empirid,  ii.  153,  a. 
Emporium,  i.  731,  b. 
Empti  et  venditi  actio,  i.  731,  b. 
Emptio  bonorum,  i.  306,  a. 

„      et  venditio,  i.  731,  b. 
Encaustica,  ii.  392,  b. 
Endromis,  i.  735,  a. 
Engonasi,  or  Engonasin,  i.  217,b. 
Ensis,  i.  919,  a. 
Entasis,  i.  787,  b. 
Ephebeum,  i.  927,  a. 
Ephebia,  i.  283,  a. 
Ephesia,  i.  740,  a. 
Ephesiae  litterae,  i.  740,  b. 
Ephippium,  i.  742,  a. 
Ephori,  i.  743,  a. 
Epibatae,  i.  745,  b. 
Epidemiurgi,  i.  613,  a. 
Epirhedium,  ii.  540,  a. 
Epistola,  i.  531,  b;  ii.  298,  b  ; 

ii.  628,  b. 
Epistylium,  i.  750,  b. 
Epitaphium,  ii.  828,  b. 
Epithalaminm,  ii.  136,  b. 
Epitoxis,  ii.  854,  a. 
Epnlones,  i.  753,  b. 
Epulum  JotIs,  i.  753,  b ;   ii. 

16,  a. 
Squatter  ordo,  ii.  296,  a. 
Equirria,  i.  753,  b. 
Equites,  i.  753,  b ;  i.  917,  b. 

„      eqno  publico,  i.  754^  a. 

„      singulares  Augusti,  i. 
794,  b. 
Equitum  transyeetio,  i.  755,  b. 

„        centurias     recognos- 
cere,  i.  755,  a. 
Equuleus,  i.  704,  b. 
Equus,  i.  218,  b. 

„      October,  ii.  261,  b. 
Ergastulnm,  i.  760,  a ;  ii.  956,  a. 
Eridus,  i.  760,  a. 
Eridanua,  i.  221,  b. 
Erigone,  i.  219,  b. 
Erogatio,  i.  156,  a. 
Errilia,  i.  70,  a. 
Enrum,  i.  70,  a. 
Eschatocollion,  ii.  59,  a. 
Esseda,  i.  760,  b. 
Essedarii,  i.  760,  b ;  i.  917,  b. 
Essednm,  i.  760,  b. 
Everriator,  i.  893,  b. 
Evictio,  i.  761,  a. 
Evocati,  i.  761,  b;  i.  791,  b. 
Euripus,  i.  113,  a ;  i.  436,  a. 
Exactio  capitum,  ii.  933,  b. 
Ex-archiatri,  i.  163,  a. 
Ex-archiatris,  i.  163,  a. 
Exauguratio,  i.  765,  a. 
Excellentissimi,  i.  992,  a. 
Exceptio,  i.  19,  a ;  ii.  480,  b. 

„        dilatoria,  i.  19,  b. 

„        doll,  it  254,  a. 

„        litis  dinduae,  i.  19,  b. 

„        peremptoria,  i.  19,  b. 
Exceptores,  ii.  245,  b. 
Excubiae,  i.  377,  a. 
Excnbitores,  i.  765^  a. 


E^dnsatio,  i.  995,  a. 

^cecratio,  L  1048,  b. 

Exedra,  t  282,  a ;  i.  671,  b ;  i. 

765,  a. 
Exerdtatorwi,  i.  801,  b. 
Exerdtor  uaTia,  i.  766,  b. 
Exercitoria  actio,  i.  766,  &. 
Exereitus,  L  766,  b. 
Exhibendum,  actio  ad,  i.  813,  a. 
Exodia,  i.  813,  b. 
Exostra,  i.  815,  a. 
Expensilatio,  ii.  254,  a. 
Expromiasio,  i.  1014,  a. 
Exsequiae,  i.  891,  a. 
Exsilium,  i.  816,  b. 
Exsul,  i.  820,  a. 
Exta,  u.  586,  b. 
Exterere,  i.  64^  a. 
Extiapicea,  i.  934,  b. 
Extispidum,  i.  934,  b. 
Extranei  heredea,  i.  949,  bw 
Extiaordisarii,    i.   786,  •;    L 

787,  a ;  i.  806,  b. 
Exrerrae,  t  893,  b. 
ExTerriator,  i.  893,  b. 
Exuviae,  ii.  691,  a. 


F. 


Faba,  L  68,  a. 
Fabada,  L  68,  b. 
Fabatarium,  i.  821,  a. 
Fabia  lex,  ii.  482,  a. 
Fabri,  i.  821,  a. 

„    aurarii,  ii.  945,  a. 
Fabala  crepidata,  i.  563,  a. 

„      pallUta,  i.  522,  a. 

„      praetcxtata,  ii.  865,  >•. 

„     togata,  i.  522,  a. 

„      trabeata,  i.  522,  a. 
Fabnlae  AteUanae,  L  522,  b. 
„      SaHioae,  U.  33&,  a. 
Facitergium,  ii.  723,  b. 
Factiones  anriganun,  L  438,  b. 
Fa^orinm,  i.  821,  b. 
Factns,  ii.  266,  a. 
Faecatum,  iL  965,  a. 
Faeniseca,  i.  71,  a. 
Faenum,  i.  70,  b. 
Faenum  Graecnm,  i.  70,  a. 
Fala,  i.  821,  b. 
Falarica,  i.  937,  a. 
Falcidia  lex,  ii.  21,  b. 
Falcula,  i.  823,  a. 
Falsarii,  i.  822,  b. 
Falsum,  i.  821,  b. 
Falx,  i.  823,  a ;  ii.  311,  K 
Familia,  L  824,a;  L  917,a;  iL 

665,  b. 
Familiae  emptor,  L  824^  b ;  ii. 
801,  a. 
„        erdscxmdae  actio,  or 
judidnm,  L  825,  a. 
Familiaris,  i.  824,  a. 
Famosi    UbeUi,  iL  57,  a;   iL 

115,  a. 
Famulus,  L  824^  a. 
Fanatid,  L  825,  b;  ii.  773,  K 


LATIN  INDEX. 


103^ 


Fannia  lex,  ii.  724,  b. 
Fanum,  x.  825,  b;  ii.  773,  b. 
Far  Clnsinum,  i.  65,  b. 
»,    Tenacalam  rutilnm,  i.  65,b. 
,9  f,       candidnm,  i.65,b. 

Farrago,  i.  70,  b. 
Farreum,  ii.  140,  b. 
Fart  or,  i.  826,  a. 
Fas,  i.  828,  a. 
Fasces,  i.  826,  a. 
Fascia,  x.  827,  a. 
Fascinnm,  i.  827,  b. 
Fasctola,  i.  827,  a. 
Fasti,  L  828,  a. 

„      annales,  i.  829y'b. 
„      calendares,  i.  628,  a. 
„      Capitolini,  i.  829,  b. 
„      oonsalarss,  i.  829,  b. 
„      dies,  i.  828,  a. 
„      hjstoricl,  1.  829,  b. 
„      sacri,  i.  828,  a. 
fy     triumpbales,  Ii.  897,  b 
Fastigiam,  i.  154,  b;  i.  829,  b. 
Fauces,  i.  671,  s. 
Farete  Unguis,  i.  646,  b. 
Fax,  i.  830,  a. 
Februa,  ii.  99,  b. 
Februare,  ii.  100,  b. 
Feminalia,  i.  831,  a. 
^  Fenestra,  i.  831,  a. 
"  Fenus,  i.  831,  s. 

„     nauticam,  i.  836,  a. 
Ferae  magna  minorque,  i.  216,  b. 
Feralia,  i.  893,  b. 
Ferculum,  i.  836,  a. 
Ferentarii,  i.  5,  b ;  i.  782,  s. 
Feretrum,  i.  891,  b ;  ii.  19,  b. 
Feriae,  i.  886,  b. 

„     Aeginetarum^  i.  33,  b. 

„      aestivae,  i.  839,  a. 

„      conceptirae,  or  ooncep- 

tae,  i.  837,  a. 
„     denecales,  i.  837,  a. 
„     imperativae,  i.  837,  a. 
„     Latinae,  i.  838,  a. 
„     matronales,  ii.  144,  b. 
„     praecidaneae,  i.  839,  a. 
„     privatae,  i.  837,  a. 
„     pnblicae,  i.  837,  a. 
„     sementiyae,  i.  838,  b. 
„     statiyae,  i.  837,  a. 
„     stultoruxn,  i.  873,  a. 
„     vindemialea,  i.  839,  a. 
Ferre  legem,  ii.  33,  a. 
Ferrum,  ii.  166,  a. 
Ferula,  i.  864,  b. 
Fescennina,  i.  839,  a. 
Festi  dies,  i.  636,  b. 
Festuca,  i.  839,  b. 
Feiiales,  i.  839,  b. 
Fibula,  i.  840,  b. 
Fictile,  L  841,  b. 
Fictio,  i.  855,  a. 
Fictor,  i.  842,  a;  ii.  794,  a. 
Fideicommissarii    praetores,   i. 

856,  a. 
Fideicommissarius,  i.  857,  a. 
Fideicommiasum,  i.  855,  b. 
Fidejuasor,  i.  1014,  b. 
Fidepromissor,  i.  1014,  b. 
Fides,  i.  217,  b ;  ii.  104,  b. 
Fidicula,  L  217,  b ;  i.  858,  a. 


Fidis,  i.  217,  b. 
Fiducia,  i.  858,  a. 
Fiduciaria  actio,  i.  22,  a. 
Fidufdarius,  i.  857,  a ;  i.  858,  b. 
FigUnae,  i.  842,  a. 
Figmentum,  i.  842,  a. 
Fignlina  ars,  i.  842,  a. 
Figulne,  i.  842,  a. 
Filamen,  i.  864,  b. 
Filia,  i.  469,  a. 
Filiafamilias,  ii.  351,  b. 
Filins,  i.  469,  a. 
Filinsfamilias,  i.  26,  b ;  i.  825,  a ; 

ii.  351,  b. 
Filum,  i.  864,  b. 
Fimbriae,  i.  859,  a. 
Finis,  ii.  655,  a. 
Finitores,  i.  83,  a. 
Finiiim   regnndorum    actio,   i. 

859,  b. 
Fiscales,  i.  918,  a. 
Fiscal  is  praetor,  i.  861,  b. 
Fiscus,  i.  860,  a. 
Fistnca,  i.  862,  a. 
Fistula,  i.  862,  a;  ii.  748,  b. 
Flabelliferae,  i.  863^  b. 
Flabellun,  1^^863,  V^ 
FIagellum,'i.  864,  a. 
Flagrum,  i.  864^  a. 
Flamen,  i.  864,  b. 

„       Angustalis,  i.  258,  b. 

„       Curialis,  i.  577,  a. 

„       Dialis,  i.  865,  a. 

„       Martialia,  i.  865,  a. 

„       Quirinalis,  i.  865,  a. 
Flaminia  lex,  ii.  42,  a. 
Flaminica,  i.  866,  a. 
Flammearii,  i.  867,  b. 
Flammoolum,  i.  867,  a. 
Flammeum,  i.  866,  b ;  ii.  142,  b. 
Flavia  agraria  lex,  ii.  42,  a. 
Flexuminea,  i.  755,  a. 
Floralia,  i.  867,  b. 
Flos  (siliginis),  i.  66,  b. 
Flumen,  iu  653,  a. 
Fluminis  recipiendi,  or  immit- 

tendi  senritus,  ii.  653,  a. 
Focale,  i.  868,  a. 
Foculas,  i.  868,  a. 
Focus,  i.  868,  a. 
Fodinae,  ii.  933,  a. 
Foederatae  civitates,  i.  868,  b. 
Foederati,  i.  868,  b. 
Foedus,  i.  868,  b ;  ii.  682,  a. 
Foenus,  i.  834,  a. 

„      nauticum,  i.  836,  a. 
FoUiculus,  i.  869,  b. 
Follis,  i.  869,  b. 
Fons,  i.  870,  b. 
Foramina,  ii.  853,  a. 
Forceps,  i.  871,  b. 
Fordicidia,  i.  872,  a. 
Fores,  i.  669,  a. 
Forfex,  i.  872,  b. 
Forficula,  i.  872,  b. 
Fori,  i.  430,  a ;  ii.  216,  b. 
Foris,  i.  988,  b. 
Forma,  i.  872,  b. 
Formacei,  i.  58,  a. 
Formella,  i.  872,  b. 
Formido,  ii.  545,  b. 
Formula,  i.  18,  a;  i.  872,  b.        | 


Formula  arbitraria,  i.  1019,  a. 

„       in  factum  concepta,  i. 

18,  a. 
„       in  jus  concepta,  i.  18,  a. 
„       petitoria,  ii.  959,  b. 
Formulae      praejudicialea,     ii. 

479,  a. 
Fornacalia,  i.  873,  a. 
Fornacatores,  i.  279,  a. 
Fornacola,  i.  873,  a. 
Fornax,  i.  873,  a. 
Fornix,  i.  171,  a;-i.  873,  b. 
Foro  cedere,  or  abire,  i.  183,  a. 

„     mergi,  i.  183,  a. 
Forpex,  i.  874,  a. 
Foruli,  i.  298,  a. 
Forum,  i.  540,  b ;  i.  874,  a. 
Fossa,  i.  57,  a;   i.  380,  a;  ii. 
951,  b. 

„      caeca,  i.  57,  a. 

„     patens,  i.  57,  a. 
Framea,  i.  937,  a. 
Frater,  i.  469,  a. 
Fratres  arvales,  i.  198,  a. 
Frenom,  i.  876,  a. 
FVigida  mensa,  i.  396,  b. 
Frigidarium,  i.  272,  b ;  i.  275,  a ; 

i.  927,  a. 
Fritillus,  i.  877,  a. 
Frontale,  i.  117,  b. 
Frnctuaria  res,  ii.  988,  b. 
Fructuarius,  ii.  988,  a. 
Fructus,  i.  652,  b ;  ii.  989,  b. 
Frumenta,  i.  65,  a. 
Frumentariae  leges,  i.  877,  a. 
Frumentarii,  i.  793,  a ;  i.  880,  a. 
Frumentatio,  i.  877,  b. 
Frumento  serTando,  de,  i.  64,  K 
Frumentum,  ii.  715,  a. 
Fucus,  i.  880,  a. 
Fuga  lata,  i.  821,  a. 

„    libera,  i.  821,  a. 
FugitiTarii,  ii.  662,  a. 
Fugitivus,  ii.  662,  a. 
Fulcra,  ii.  18,  b. 
FuUo,  i.  881,  a. 
Fullonica,  i.  882,  b. 
Fullonicum,  i.  882,  b. 
FuUonium,  i.  882,  b. 
Fumarium,  ii.  967,  b. 
Fumi  immittendi  serritns,  ii. 

653,  a. 
Funale,  L  882,  b. 
Funalis,  i.  883,  a. 

„      equus,  i.  579,  b. 
Funambulus,  i.  883,  a. 
Funarius,  i.  579,  a. 
Funda,  i.  883,  b ;  it.  546,  a. 
Funditores,  i.  883,  b. 
Fundus,  i.  56,  a ;  i.  884,  b. 

„       dotolis,  ii.  986,  a. 
Funes,  i.  437,  a ;  ii.  853,  a. 
Fnnus,  i.  884,  b. 

„      indictiyum,  i.  891,  a. 

„      priratum,  L  890,  b. 

„      publicum,  i.  890,  b. 

„      translaticium,  i.  891,  /i. 
Fur,  i.  895,  b. 
Fnrca,  I  894,  a. 
Fnrcifer,  x.  894,  b. 
Furcilla,  i.  894,  a. 
Furcula,  i.  894,  a. 


1040 

Furfares,  i.  66,  b. 

Fnria,  or  Fnsia  Caninia  lex,  ii. 

42.  a;  ii.  124,  b. 
Fnriosiu,  i.  575,  a ;  ii.  801,  a. 
Foinofl,  i.  873,  a. 
Farti  actio,  i.  895,  b. 
Furtum,  i.  894,  b. 

„       conceptum,  1.  896,  b. 

„       manifcstiim,  i.  895,  b. 

„       nee     manifestum,     i. 
895,  b. 

„       oblatam,  i.  896,  b. 

„       iisas,  i.  895,  a. 
Fuscina,  i.  897,  a. 
Fustimn  auimadversio,  i.  89^7,  b. 
FustoariaiD,  i.  897,  b. 
Fttsna,  i.  897,  b. 


O. 

GabinU  lex,  i.  507,  b ;  ii.  752,  a. 
Gabinui  cinctua,  ii.  3,  a;   ii. 

848,  b. 
Gaeaum,  i.  936,  b. 
Gaius,  i.  1013,  a. 
Galea,  i.  898,  b. 
Galeroa,  -um,  i.  899,  b. 
Gallare,  i.  900,  a. 
Galli,  i.  899,  b ;  i.  918,  a. 
Gallicae,  i.  900,  b. 
Gallinae,  i.  78,  a. 
Ganea,  i.  388,  b. 
Gransapa,  i.  901,  a. 
Gaosape,  i.  901,  a. 
Gausapum,  i.  901,  a. 
Gemini,  i.  219,  b. 
Gemma,  i.  901,  b. 
Gemoniae  Scalae,  i.  363,  b. 
Gener,  i.  42,  b. 
Genera,  ii.  559,  a. 
Genethliaci,  i.  213,  a. 
Genicnlatiu,  i.  217,  b. 
Genitura,  i.  213,  b. 
Gens,  i.  906,  b. 
Gentiles,  i.  907,  a. 
Gentilitas,  i.  907,  a. 
Gentilicia  sacra,  i.  910,  b. 
Gentium  jus,  i.  907,  a. 
Genus  scansorium,  ii.  107,  b. 
Germani,  i.  468,  b ;  i.  795,  b. 
Gerrae,  L  916,  a. 
Gesta,  i.  13,  b. 
GesUtio,  i.  977,  a. 
Gladiatores,  i.  916,  a. 
Gladiatorium,  i.  916,  b. 
Gladius,  i.  919,  a. 
Glandes,  i.  884,  a. 
Glires,  i.  82,  b. 
Glomus,  i.  897,  b. 
Glos,  i.  43,  a. 
Glutinatores,  ii.  58,  b. 
Gomphi,  ii.  951,  a. 
Gradus,  i.  112,  a;  i.  469,  a;  i. 
921,  a;  ii.  162,  a. 
„      oognationia,  i.  469,  a. 
Graaoostasis,  i.  921,  a. 
Grammaticus,  ii.  96,  b. 
Granea,  i.  66,  b. 


LATIN  INDEX. 

Grapbiarium,  ii.  714,  a. 
Graphica,  ii.  390,  a. 
Graphium,  ii.  714,  a. 
Graaaatores,  ii.  11,  a. 
Gregorianus  Codex,  i.  466,  a. 
Gremium,  i.  292,  b ;  ii.  951,  b. 
Groma,  i.  378,  b;  i.  923,  b. 
Gromatici,  i.  83,  b ;  i.  923,  b. 
Gubernaculum,  ii.  208,  a. 
Gttstatio,  i.  396,  b. 
Gustus,  i.  396,  b. 
Guttus,  i.  279,  a ;  i.  925,  a. 
Gymnasium,  i.  925,  b. 


H. 

Habenae,  i.  932,  a. 
Habitatio,  it.  652,  b. 
Haedi,  i.  218,  a. 
Haeres,  i.  943,  a;  i.  948,  b. 
Halicastrum,  i.  65,  b. 
Halteres,  i.  932,  b. 
Harmamaxa,  i.  933,  a. 
Harmostes,  i.  933,  a. 
Harpaginetuli,  i.  933,  b. 
Harpago,  i.  933,  b. 
HarJMtftum,  y.  422,  b. 
Haruga,  i.  934,  b. 
Harnndo,  i.  329,  b. 
Haruspices,  i.  934,  a. 
Haruspicina  ars,  i.  646,  b;   i. 

934>a. 
Haruspicium,  i.  646,  b. 
Hasta,  i.  934,  b. 

„      celibaris,  i.  937,  a. 

„      pura,  i.  937,  a. 

„      rendere  sub,  i.  246,  a. 
Hastarium,  i.  937,  b. 
Hastati,  i.  783,  b ;  i.  785,  a. 
Helepolis,  i.  938,  b. 
Heliaea,  i.  627,  a. 
Heliocaminus,  i.  686,  b. 
Helix,  i.  939,  a. 
Hellanodicae,    i.    939,    a;     ii. 

271,  a. 
Hellenotamiae,  i.  939,  a. 
Helotes,  -^e,  i.  939,  b. 
Hemina,  i.  529,  a;   i.  560,  a; 

i.  941,  b ;  ii.  530,  a. 
Heminarium,  i.  529",  a. 
Hemistrigium,  i.  381,  b. 
Hepatizon,  i.  39,  a. 
Heracleia,  i.  942,  b. 
Heraea,  i.  942,  b. 
Herculanei,  i.  241,  b. 
Hercules,  i.  217,  b. 
Hereditas,  i.  948,  b. 
Heredium,  ii.  163,  b. 
Heres  ex  libella,  L  203,  b. 
Heres  (Greek),  i.  943,  b. 

„    (Roman),  i.  948,  b. 
Hermae,  i.  953,  b. 
Hennaea,  i.  955,  b. 
Hermanubis,  i.  955,  a. 
Hermapbroditus,  i.  956,  a. 
Hermares,  i.  955,  a. 
Hermatbena,  i.  955,  a. 
Hermeracles,  i.  955,  a. 


Hermogenianus  oodex,  i.  466,  i. 
Hermuii,  L  953,  b. 
Herones,  i.  956,  b. 
Hexaphori,  ii.  379,  b. 
Hexaphoron,  ii.  14,  b. 
Hexeres,  iL  221,  a. 
Hieronica    lex,  L   605,   b;    :i 

507,  a. 
Hilaria,  x.  961,  b. 
Hippocratici,  ii.  153,  a. 
Hippodromus,    i.    962,    a;     i. 

977,  a. 
Uippoperae,  i.  965,  a. 
Hirpex,  i.  1023,  b. 
Hister,  i.  967,  b. 
Histrio,  i.  965,  b. 
Holoaerica,  it.  650,  a. 
Holoaericopratae,  ii.  650,  a. 
Honoraria  actio,  i.  21,  a. 
Honorarii  ludi,  ii.  85,  b. 
Honorarium,  i.  30,  b;  ii.  37,  K 

„  jus,  i.  705,  a. 

Honores,  i.  969,  b. 
Hoplomacbi,  i.  918,  a. 
Hora,  i.  970,  b. 

„  genitalis,  i.  213,  b. 
Hozdearium  aes,  i.  40,  b. 
Hordenm,  i.  66,  b. 

„        cantherinum,  i.  67,  x. 
„        Galaticnm,    or     di^ 

tichnm,  i.  67,  a. 
„        bexastichom,  L67,a. 
Horologium,  i.  972,  b. 
Horoaoopus,  i.  213,  b. 
Horrearii,  i.  976,  a. 
Horreum,  i.  975,  b. 
HorUtor,  ii.  468,  b. 
Hortensia  lex,  ii.  32,  b ;  ii.  42,  V* ; 

ii.  437,  b. 
HoTtus,  i.  976,  a. 
Hospes,  i.  981,  b. 
HospiUlia,  L  978,  b. 
Hospitium,  i.  977,  a ;  L  978,  K 
Hostia,  ii.  586,  b. 
Hostis,  i.  977,  b ;  ii.  474,  a. 
Hottus,  ii.  266,  a. 
Hjacinthia,  i.  982,  a. 
Hyades,i.  219,a;  i.  232,  a. 
Hydra,  Hydros,  i.  222,  b. 
Hydraula,  i.  984,  b. 
Hydraulus,  i.  984,  a. 
Hydriae,  ii.  645,  a. 
Hydromelum,  ii.  967,  b. 
Hypaetbrae,  L  282,  a. 
Hypaethrum,  ii.  783,  a. 
Hypocaustum,  L  278,  a. 
Hypogeum,  i.  672,  b. 
Hypotbeca,  ii.  419,  b. 
Hypotbecaria  actio,  ii.  419,  b. 
Hypotrachelium,  i.  490,  b. 


I,  J. 

Jaculatorea,  i.  784,  b. 
Jacnlum,  i.  936,  b ;  ii.  546,  a. 
Janitor,  i.  669,  a;  L  990,  b. 
Janua,  i.  669,  a ;  i.  987,  a. 
latimlipta,  i.  990,  b. 


latraliptice,  i.  990,  b. 

lairosophiBta,  i.  990,  b. 

IduB,  i.  334,  a. 

Jejunum  solum,  i.  56,  b. 

Jentacultim,  i.  394,  b. 

Igniaria,  i.  991,  a. 

Ignomiuia,  i.  1007,  a. 

Ilicet,  i.  893,  b. 

Illustres,  i.  991,  b. 

Ilotae,  i.  939,  b. 

Imagines,  t.  891,  b;  i.  992,  a; 

ii.  672,  a. 
Imaginiferi,  i.  801, a;  ii.  673, a. 
Imbrices,  i.  849,  a;  iL  764,  a. 
Immolatio,  ii.  586,  b. 
Immunes,  i.  804,  b. 
Immunitaa,  i.  994,  a. 
Irapendium,  i.  834,  a. 
Imperativae  feriae,  i.  837,  a. 
Imperator,  i.  995,  b. 
Imperium,  i.  995,  b ;  ii,  549,  1». 
Impilia,  ii.  932,  b. 
[mpluvium,  i.  682,  a. 
[mpuberes,  i.  1000,  a. 
[mpubes,  i.  999,  b. 
Inauguratio,  i.  1001,  b. 

„  regis,  ii.  552,  b. 

[naui-ator,  i.  316,  a. 
[nauris,  i.  1002,  a. 
Incendium,  i.  1002,  b. 
[ncensus,  i.  400,  a. 
[ncestum,  -us,  i.  1003,  b. 
[ncitega,  i.  1005,  a. 
Inclioatio,  i.  458,  a. 
[ncola,  i.  651,  b. 
[ncorporales  res,  i.  652,  a. 
incubaiio,  i.  688,  a. 
fncunabula,  i.  1005,  a. 
[ncus,  i.  10O5,  b. 
[ndago,  ii.  545,  b. 
'ndex,  ii.  59,  a. 
'ndices,  i.  992,  b. 
ndigitamenta,  ii.  462,  a. 
induere,  i.  101,  b.  ■ 
iidumentum,  ii.  314,  b. 
ndutus,  i.  101,  b ;  ii.  903,  a. 
nfames,  i.  1006,  a. 
nfamia,  i.  1006,  a. 
nfans,  i.  999,  b. 
nfantia,  i.  1000,  a. 
n  fee  tor,  ii.  945,  a. 
nferiae,  i.  893,  b. 
nfnia,  i.  1009,  a. 
nfundibulum,  ii.  176,  b. 
Dgeniculatus,  i.  217,  b. 
ngeniculus,  i.  217,  b. 
ngenui,  i.  1009,  a. 
ngenuitas,  i.  1009,  b. 
ngratus,  ii.  357,  a. 
injuria,  i.  1010,  a. 
njuriarum  actio,  i.  1010,  b ; 

ii.  961,  a. 
nlicium,  i.  506,  b. 
nnixus,  i.  217,  b. 
nofficiosi  querela,  ii.  806,  a. 
nofficiosum    testamentum,    it. 

806,  a. 
nqnilini,  i.  471,  b. 
aquilinus,  i.  516,  b ;  i.  820,  a  ; 

ii.  70,  a. 
nscripta,  ii.  469,  b. 
nsigne,  i.  1011,  a. 
VOL.  U. 


LATIN  INDEX. 

Insignia  trinmphi,  ii.  897,  b. 
InsiUa,  i.  1012,  a. 
Instauratio,  ii.  86,  a. 
Instita,i.  1012,  a;  ii.  716,  b. 
Institor,  i.  1012,  b. 
Institoria  actio,  L  1012,  a. 
Institutiones,  i.  1012,  b. 
Institutoria  actio,  i.  1014,  a. 
Instrumenta     agricultnrae,    i. 

58,  b. 
Insubuli,  ii.  765,  a. 
Insula,  i.  665,  a. 
Integrum,  restitutio  in,  ii.  543,a. 
Intentio,  i.  17,  b. 
Intercessio,  i.  1014,  a;  i.  1015,  b. 
Intercisi  dies,  i.  636,  a. 
Interdictio  aquae  et    ignis,   i. 

820,  a. 
Interdict um,  i.  1018,  a. 

adipiscendae    pos- 
sessionis,      i. 
1019,  b. 

duplicia,  i.  1020,b. 

ezbibitorium,    i. 

1018,  a. 
possessorium,       i. 

1019,  b. 
de      precario,      i. 

1020,  a. 
prohibitorium,    i. 

1018,  a. 
quorum  bonorum, 

i.  1019,  b. 
recuperandae  pos- 

sessionis,      i. 

1020,  a. 
restitutorium,     i. 

1018,  a. 
retinendae  posses- 

sionis,  i.  1019,  b. 
SalTianum,      i. 

1019,  b. 
sectorium,  i.  1019, 

b;  ii.  615,  b. 
simplicia,  i.l020,b. 
uti    possidetis,    i. 

1020,  a. 
utrubi,  i.  1020,  a. 

Intergerinus,  ii.  345,  b. 
Intergerirus,  ii.  345,  b. 
Intemundinum,  ii.  252,  a. 
Interpellatio,  ii.  180,  b. 
Interpres,  i.  1021,  a. 
Interregnum,  i.  1021,  a. 
Interrex,  i.  1021,  a. 
Interscalmiam,  ii.  213,  b. 
Intervallum,  i.  374,  a. 
Interula,  ii.  906,  a. 
Intestabilis,  i.  1023,  a. 
Intestate,  heredes  ab,  i.  952,  a. 
Intestatus,  i.  948,  b. 
Intestinum  opus,  i.  1023,  b. 
Inventarium,  i.  953,  a. 
Inrestis,  i.  1001,  a. 
Irpex,  i.  1023,  b. 
Iselastici  ludi,  i.  241,  b. 
Isthmia,  i.  1023,  b. 
Italia,  ii.  506,  b. 
Italici,  ii.  681,  b. 
Iter,  ii.  457,  b. 
Iterare,  i.  60,  b. 
Itineris  serritus,  ii.  653,  b. 


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1041 

Jubere,  ii.  637,  a. 
Judex,  i.  1026,  a;  ii.  15,  a;  ii. 
508,  b. 
ordinarius,  i.  1031,  b. 
pedaneus,  i.  1031,  b. 
„      quaestionis,  i.  1028,  b. 
Judicati  actio,  i.  1031,  b. 
indices  editi,  i.  1032,  a. 

„      editicii,    i.   100,  b;    i. 
1028,  b. 
Judicia  duplicia,  i.  825,  a. 
„       ezti*aordinaria,i.l029,K 
„      legitima,  i.  1029,  b;  i. 

1040,  a. 
„      quae  imperio,  i.  1029,  b ; 
i.  1040,  a. 
Judicium,  i.  1026,  a. 

album,  i.  1032,  b. 
populi,  i.  1027,  a. 
priyatum,  i.  1029,  a. 
publicum,  i.  1032,  a. 
Jugarii,  i.  59,  a. 
Jugerum,  i.  1034,  a. 
Jugum,  i  1034,  b;  ii.  163,  b; 

ii.  765,  a. 
Jugumentum,  i.  987,  a. 
Jugus,  i.  1034,  a. 
Juliae  leges,  ii.  43,  a. 
Julia  lex  de  adulteriis,  i.  29,  b. 
agraria,  ii.  43,  a. 
de  ambitu,  i.  101,  a. 
de  annona,  ii.  43,  a. 
de  bonis  cedendis,  ii. 

43,  a. 
caducaria,  ii.  43,  a. 
de  caede  et  veneBcio, 

ii.  43,  a. 
de  civitate,  i.  482,  a; 

ii.  43,  a. 
de  foenore,  ii.  43,  b. 
de    fundo    dotali,  ii. 

43,  b. 
judiciaria,  ii.  43,  b. 
majestatis,  ii.  114,  b. 
municipalis,  ii.  44,  a. 
et  Papia  Poppaea,  ii. 

44,  a. 
peculatus,  ii.  361,  a. 
et  Plautia,  ii.  45,  b. 

„        de  proTinciis,  ii.  43,  b. 
repetundarum,      ii. 

543,  a. 
de  residuis,  ii.  361,  a. 
de  sacerdotiis,  ii.  43,  b. 
de  sacrilegio,  ii.  587,a. 
sumptuaria,  ii.  45,  b. 

ii.  725,  a. 
theatralis,  ii.  45,  b. 
et  Titia,  ii.  45,  b. 
de  Yi  publica  et  pri- 
rata,  ii.  971,  b. 
„        vicesimaria,  ii.  954,  b. 
Junea,  or  Junia,  Norbana  lex, 
i.  10,  b ;  i.  450,  a ;  ii.  45,  b ; 
ii.  62,  b ;  ii.  124,  a. 
Junia    lex    repetundarum,    ii. 

542,  b. 
Juniores,  i.  505. 
Jura  in  re,  i.  652,  a. 
Jure,  actio  in,  i.  1040,  b. 
„    adcrescendi,  i.  951,  a. 
„    agere,  i.  1036,  a. 

3  X 


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1042 

Jare,  cessio    in,  i.   13,    b ;    i.  ' 

1036,  m;  ii.  983,  a. 
Jureoonsulti,  i.  1037,  a. 
Jurginm,  i  1036,  a. 
Joridici,  i.  1036,  b. 
Jufia  aactores,  i.   246,  b ;    i. 
1037,  a. 
„    studios!,  i.  212,  a. 
Jurisoonsulti,  i.  1037,  a. 
Jurisdictio,  i.  540,  b ;  i.  1039,  b. 
Jurisperiti,  i.  1037,  a. 
Juiispnidentes,  i.  1037,  a. 
Jos,  L  1040,  b. 

„     aquae  impetratae,  i.  155,  b. 
„    Aelianum,  i.  1044,  a. 
„    anuli  aurei,  i.  132,  a. 
„    analomm,  i.  133,  a. 
„     applicationis,  i.  820,  a ;  ii. 

435,  l>. 
„    aiyli,  i.  235,  a. 
augumm,  i.  249,  b. 
civile,  i.  449,  a;  i.  1041,  n. 
„     Flavianum,  ijl044,b. 
„     Papirtanuin,i.l044,b. 
„     civitatis,  i.  448,  a. 
„     commercii,  i.  448,  b. 
„     connnbii,  i.  448,  b. 
„     edicendi,  i.  704,  b. 
„     eundi,  ii.  653,  b. 
„     exulandi,  i.  820,  a. 
„     fetiale,  i.  840,  a ;  i.  1041,  b. 
„    gentium,  or  gentilitatis,  i. 

907,  a ;  i.  1041,  a. 
„     honorarium,  i.  705,  a;   i. 

1044,  a. 
„    honorum,  i.  448,  b. 
„     imaginam,  i.  993,  b. 
„     Jtalicum,  i.  480,  b. 
„     Latii,  i.  449,  a ;  ii.  9,  b. 
„     liberorum,  ii.  45,  a. 
„     naturale,  i.  1043,  a. 
„     non  scriptum,  i.  1044,  a. 
„     pascendi,  ii.  653,  b. 
,,     Pontificium,  i.  1041,  b ;  ii. 

462,  a. 
„     possessionis,  ii.  470,  a. 
„     postliminii,  ii.  472,  b. 
„     praediatorum,  ii.  480,  a. 
„     praetorinm,    i.  705,  a ;    i. 

1044,  a. 
„    prensionis,  i.  589,  a. 

privatum,  i.    448,    b ;     i. 

1042,  a. 
proferendi     pomerii,     ii. 
444,  a. 
„     publice  epulandi,  ii.  (V26j  b. 
„     publicum,    i.    448,   b;    i. 
1042,  a. 
Quiritium,   i.  448,  b;    i. 

1042,  b. 
relationis,  ii.  628,  a. 
„    respondeodi,  i.  1038,  a. 
„    sacrum,  i.  1041,  b. 
„    scriptum,  i.  1044,  a. 
„    senatas,  ii.  626,  b. 
„     sententiae,  ii.  622,  b. 
„     suffragii,  i.  448,  b. 
„     superBciarinm,  ii.  726,  b. 
„     virgarum  in  histriones,  i. 

968,  b. 
»y     vocatio,  in,  i.  15,  a. 
Jusjurandum,  i.  1045,  a. 


LATIN  INDEX. 

Jusjurandum     calumniae,     i. 

349,  a. 
Jnssu  quod  actio,  i.  1052,  a. 
Just«  funera,  i.  889,  b. 
Justinianeus  codex,  i.  466,  b. 
Justitium,  i.  1052,  a. 
Justum,  i.  1040,  b. 
Juvenalia,  or  juvenales  ludi,  i. 

1053,  a. 


L. 


Labrum,  i.  277,  a ;  ii.  850,  b ; 

ii.  868,  a.i 
Labyrinthus,  ii.  1,  a. 
Lacema,  ii.  2,  b. 
Lacinin,  ii.  2,  b. 
Laconicum,  i.  268,  a ;  i.  272,  a : 

i.  277,  b ;  i.  278,  a. 
Lacunar,  i.  686,41;  ii.  778,  b. 
Lacus,   i.   155,  a;  ii.  3,  a;  ii. 

850,  b. 
Lacusculi,  ii.  850,  b. 
I^aena,  ii.  3,  b. 
Laesa  majestas,  ii.  115,  b. 
Lagoenae,  ii.  964,  b. 
Lagona,  ii.  4,  a. 
Laguna,  ii.  4,  a.  / 
Lamina,  ii.  650, ^.     '^  f  .^ 
Lancea,  i.  936,  a.  / 

Lancula,  ii.  696,  a. 
Lanarius,  ii.  426,  b. 
Lanificium,  ii.  770,  b. 
Laniger,  i.  219,  a. 
Lanista,  i.  916,  b. 
Lantema,  ii.  6,  b. 
Lanx,  ii.  7,  a. 

Lapicidinae,  ii.  13,  b ;  ii.  933,  a. 
Lapis  specalaris,  i.  686,  b. 
Laquear,  i.  686,  a. 
Laquearti,  i.  686,  a;  i.  918,  a. 
Laqueus,  ii.  7,  b. 
Larariam,  i.  672,  b ;  ii.  7,  b. 
Larentalia,  ii.  8,  a. 
Larentinalia,  ii.  8,  a. 
Largitio,  i.  528,  b. 
Larva,  ii.  374,  a. 
I^ta  fuga,  i.  821,  a. 
Later,  i.  848,  a ;  iL  8,  a. 
Laterculus,  ii.  8,  a. 
Lateres  crudi,  ii.  187,  a. 
Latema,  ii.  6,  b. 
Laticlavius,  i.  456,  a. 
Latii  jus,  i.  449,  a ;  ii.  9,  b. 
retinae  feriae,  i.  838,  a. 
Latini  Juniani,  ii.  10,  b. 
r^tinitas,  ii.  9,  b. 
I^tinus,  i.  448,  b. 
Latium,  ii.  9,  b. 
Latomiae,  ii.  13,  b. 
Latrina,  i.  269,  b;  i.  664,  a; 

i.  672,  a. 
Latrocinium,  ii.  11,  a. 
Latrones,  ii.  11,  a. 
Latrunculi,  ii.  11,  a. 
Latumiae,  ii.  13,  b. 
Latus  clavus,  i.  453,  b. 
Lavatio  calda,  i.  282,  b. 


» 


Landatio  funebiis,  i.  892,  a. 
Lantia,  ii.  24^  b. 
Lautomiae,  ii.  13,  b. 
Lautumiae,  ii.  13,  b. 
Lebes,  ii.  13,  b. 
Lectica,  iL  14,  a« 
Lecticarii,  iu  14,  b. 
Lecticula,  ii.  19,  b. 
Lectio  senatns,  ii.  621,  a. 
Lectistemium,    iL    15,  b;   iL 

730,  a. 
Lectores,  i.  121,  a. 
Lecius,  ii.  17,  a. 

cnbicalsris,  ii.  18,  a. 
funebris,  i.  890,  1 :  il 

19,  b. 
geuialia,  ii.  19,  a. 
„      lucabratorios,  ii.  19,  l 
„      tricliniaiis,  ii.  19,  a ;  0. 
887,  b. 
Legatarius,  ii.  19,  b. 
Legntio  libera,  ii.  24,  b. 
Legatirum,  ii.  954,  a. 
Legatum,  ii.  19,  b. 
Legatus,  iL  23,  a  ;  iL  509,  b. 

„        legioDis  i>  797,  b. 
Leges,  ii.  32,  a. 

„     censoriae,  i.  402,  a. 
„     centuriatae,  iL  32,  a. 
„    Comeliae,  iL  725,  a. 
„     curiatae,    u    504,  a;   ii 

32,  a. 
„    Julife,  iL  43,  a ;  ii.  7'2a,  ^- 
„     sumptnariac,  ii.  725,  )>. 
„    label]  ariae,  ii.  751,  h. 
Legio,  i.  788,  a. 
Legis  actiones,  i.  14,  a ;  ii.  67, 1, 

„    Aquiliae  a/ctio,  L  595,  b 
Legitima  hereditaa,  L  949,  a. 
Legitimae  actiones,  i.  14,  a. 
Legitimum  spatium,  iL  655,  b. 
Legitimus  modus,  iL  655,  b. 
Legumina,  i.  68,  a. 
Iambus,  ii.  30,  &. 
Lenmbcua,  i.  546,  a. 
Lemnria,  iL  30,  b. 
Lenaea,  L  638,  a. 
Leno,  ii.  30,  b. 
Ltinocinium,  iL  30,  b. 
Lens,  i.  68,  b. 
Lenticula,  i.  68,  b. 
Leo,  i.  219,  b. 
Leporaria,  i.  80,  b. 
I^porinum,  ii.  945,  b. 
Lepus,  L  221,  b. 
Leria,  iL  67,  a. 
Lemaea,  ii.  31,  b. 
Lessus,  i.  891,  a. 
Levir,  i.  43,  a. 
Lex,  ii.  32,  a. 
„    Adlia,  ii.  34,  b ;  ii.  542,  f . 
„      CalpurDia,iL  34, 1:. 
Aebntia,  L  17,  a;  L405,a. 
iL34,b;  iL125,b. 
„    Aelia,  ii.  35,  a. 
„        „     Sentia,L450,s:  i' 
35,  a;  ii.  357.i 
„     Aemilia,  iL  35,  b ;  ii.  ?-^<  - 
de  censoribafi  i>- 

35,  b. 
Baebia,  ii.  Si*.  ^•• 
Lepidi,  ii.  72.%  a. 


» 


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n 


n 


»» 


»» 
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■»» 


Lex  Aemilia  Scauri,  ii.  725,  a. 
y,     agraria,  i.  49,  b  ;  ii.  35,  b. 
^     ambitus,  i.  100,  b. 
„     Ampia,  ii.  35,  b. 
^     Anaatasiana,  ii.  36,  a. 
„     aDnalis,  or  Villia,  ii.  36,  fl. 
y,    annua,  i.  705,  a. 
„     Antia,  ii.  725,  a. 
ff     AntoDiA,  ii.  36,  n. 

Apulein,    i.    1014,  b;*  ii. 

36,  a. 
agraria,  ii.  36,  a. 
frumentaria,    i. 

878,a;ii.36,4. 
„  majestatisy       ii. 

36,a;ii.ll4,b. 
Aquilia,  i.  101,  a ;  ii.  32,  b. 
At«mia  Tarpeia,  i.  31,  b  ; 
ii.  36,  b. 
„  Atia  de  sacerdotiis,  ii.  36,  b. 
„     Atilia,  iL  36,  b  ;  ii.  45,  b ; 

ii.  910,  a. 
„     Atinia,  ii.  36,  b. 
„    Aofidia,  i.  101,  a. 
„     Aurelia,  i.  1028,  a. 
9,     Baebia,  ii.  H6,  b. 
9,         „        Aeuiilia,  ii.  39,  b. 
„     Caecilia  de  Censonbns,  or 
Ceusoria,  ii.  36,  b. 
„  „        devectigalibus,ii. 

37,  a. 

9,  „         Didia,  ii.  37,  a. 

„     Caeiia  tabellaria,  ii.  752,  a. 


Y,    Calidia,  ii.  37,  h. 
„     Calpumia,  i.  16,  a. 


n 


» 


de    ambitu,    i. 

100,  b. 
de  repetundis, 
ii.  542,  a. 
„    Canuleia,     ii.    32,   b;    ii. 

37,  a. 
„     Cassia,  ii.  37,  a. 

agmria,  ii.  37,  a. 
tabellaria,  ii.  37, a;  ' 
ii.  752,  a. 
„      Terentia      frumen- 
taria, ii.  37,  b. 
Censona,  ii.  520,  b. 
Cicereia,    i.    1015,   a;    ii. 
37,  b. 
„     Cincia,  ii.  37,  b. 
^,     Claudia,  ii.  38,  a ;  ii.  912,  b. 
„     Clodiae,  i.  878,  b ;  ii.38,b. 
„    Coctia,  ii.  38,  b. 
„     Coloniae  Genetiyae,  ii.  38,b. 
„     Comroissoria,  ii.  419,  a.       \ 
Cornelia  agraria,  ii.  38,  b. 
de  alea,  i.  97,  a. 
de     civitate,     ii. 

38,  b. 
de  edictis,  ii.  39,b. 
de  falsis,  i.  822,  a. 
frumentaria,      i. 

878,  a. 
de      injuriis,      i. 
1010,b;ii.40,a. 
judiciaria,  ii.  39,b. 
de  lasu,  ii.  40,  a.    ' 
de  magistratibus, 

ii.  39,  a.  I 

majestatis,      ii. 
114,  b.  1 


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LATIN  INDEX. 

Lex  Cornelia  ne    (^uis    legibus 
soWeretur,      ii. 
40,  a. 
„        de  noris  tabellis, 
ii.  40,  a. 
de    noTorum    ci- 
vium  et  liberti- 
norum     suflra- 
giis,  ii.  39,  b. 
nummaria,      i. 

822,  a. 
de   parricidio,   ii. 

39,  a. 
de     proscriptione 
et  proscriptis,  ii. 
504,  a. 
de   provinciis  or- 
dinnndis,  ii.39,a. 
de  recipiendo  Ma- 
rio, ii.  39,  b. 
de  rejectione  ju- 
dicum,  ii.  39,  b. 
de  repetundis,  ii. 

542,  b. 
de  restituendo  Ci- 
cerone, ii.  40,  a. 
de  rerocandis  ex- 
sulibus,  ii.  39,  b. 
de   saceidotiis,  ii. 

461,  b. 
de    sententia    fe- 
renda,  ii.  39,  a. 
de  sicariis  et  ve- 
neficis,  i.  1003,a*, 
ii.  11, a;  ii.  39,i<; 
ii.  939,  b. 
de  sponsoribus,  i. 
1015,  a ;  ii.  40,a. 
sumptuaria,     ii. 

725,  a. 
testamentaria,    i. 

822,  a. 
tribunicia,  ii.39,b^ 
UDciaria,  ii.  39,  b. 
de   radimonio,   i. 

17,  b. 
Baebia,  i.  100,  b. 
„     de  ambitu, 
ii.  39,  b. 
„        Caecilia.  i.  878,  b ; 

u.  39,  b. 
„         Fulvia,  i.  100,  b. 
„     Crepereia,  ii.  40,  a. 
„     Curiata  de   adoptione,   ii. 

40ya. 
.,  1}      de  imperio,  i.  247,a; 

i.  504,  a ;  ii.  552,  a. 
„     Decia,  ii.  40,  a. 
„     decimaria,  ii.  40,  a. 
.,     Didia,  ii.  724,  b. 
„     Domitia  de  sacerdotiis,  ii. 

40, a;  ii.  461,  b. 
„     Duilia,  ii.  40,  a. 
„         „      maenia,  ii.  40,  b. 
.,     Duodecim    Tabularum,   ii. 

40,  b. 
.,     Fabia  de  plagio,  ii.  432,  a. 
„     Fabricia,  ii.  42,  a. 
„     Falcidia,  ii.  21,  b. 
„     Fannia,  ii.  724^,  b. 
„     Flaminin,  ii.  42,  a. 
„     Flavia  agraria,  ii.  42,  a. 


i» 
II 

II 

II 
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II 
11 


If 


11 


II 


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i> 


1043 

Lex  frumentariae,  i.  877,  a. 
„     Fufia  de  religione,  ii.  42,  a. 
„        „    judiciaria,  ii.  42,  a. 
„     Furia  or  Fusia  Caninia,  ii. 

42,  a;  ii.  124,  b. 
„         „     Atilia,  ii.  42,  a. 
„        „     de  sponsu,  i.  1014,  b ; 

ii.  125,  b. 
„         „     or   Fusia    testamen- 
taria, ii.  21,  b. 
„     Gabinia  de  senatu,  ii.  42,  b. 
tabellaria,  i.  507,b; 

ii.  752,  a. 
de  uno  imperatore, 
ii.  42,  b. 
„       de  versura,  ii.42,  b. 
„     Gabiniae,    i.    101,    a;    ii. 

42,  b. 
„    Gellia  Cornelia,  ii.  42,  b. 
.,     Genucia,  ii.  42,  b. 
„     Glicia,  ii.  42,  b. 
„    Gundobada,  ii.  42,  b. 
„     Herennia,  ii.  42,  b. 
„     Hieronica,    i.   605,   b ;    ii. 

507,  a. 
„     Hirtia,  ii.  42,  b. 
„     Horatia,  ii.  42,  b. 
„  „       Valeria,  ii.  42,  b. 

„     Hortensia  de  nundinis,  ii. 

42,  b. 
„  „         de  plebiscitis,  ii. 

32,    b;    ii.    42,  b;    ii. 
437,  b. 
„     Hostilia,  ii.  42,  b. 
„     Jcilia,  ii«  4^,  a. 
„    judicaria,  i.  1027,  b. 
„    judicaria    C.    Gracchi,    i. 

1027,  b. 
„    Julia  de  adulteriis,  i.  29,  b ; 

i.  648,  b. 
„        „    de  ambitu,  i.  101,  a. 
„        „    de  civitate,  i.  482,  a. 
„        „    demajestate,  ii.ll4,b. 
,,        „     Miscetla,  ii.  43,  b. 
„        „     municipali8,i.l007,a; 
ii.  44,  a. 
„     et  Papia  Poppaea,  ii. 

44,  a. 
„     peculatus,  ii.  361,  a. 
„     et  Plautia,  ii.  45,  b. 
,,     de     repetundis,     ii. 
543,  a. 

„        „     theatralis,  ii.  45,  b. 
„        „     et  Titia,  ii.  45,  b. 
„        „     de  vi,  i.  1003,  a. 
„     Juliae,  ii.  43,  a. 
„     Junia    de    peregrinis,    ii. 

45,  b. 
«,       „     lacinia,  ii.  47,  a. 
„        „     Norbana,  i.  10,  b;  i. 
450,  a ;  ii.  45,  b ;  ii. 
62,  b ;  ii.  124,  a. 
„        „     repetundarum,      ii. 

542,  b. 
„       „     Velleia,  ii.  46,  a. 
„     Laetoria,  ii.  46,  a. 
„     Lentuli,  ii.  46,  a. 
„     Licinia     de     sodaliciis,    i. 
100,  b. 
Junia,  ii.  47,  a. 
Mucia  de   civibus 
regundis,  ii.  47,  a. 
3X2 


1044 

Lex   Licinia  sumptuaria,      ii. 
725,  a. 
„     Liciniae  rogationes,  ii.  46,  a. 
„     liviae,  i.  878,  a ;  ii.  47,  b. 
„     Lntatia  de  vi,  ii.  47,  b. 
„     Maenia,  ii.  47,  b. 
„     majestatifl,  ii.  tl4,  b. 
„     Malacensis,  Alalacitana,  i. 

482,  a;  ii.  116,  a. 
„     Hamilia     de    coloniis,    ii. 

47,  b. 
„         „        finium    regunda- 

mm,  ii.  47,  b. 
„     mancipii,  ii.  119,  a. 
„     Maniiia,  ii.  48,  a. 
„     Manilianae,  ii.  48,  a. 
„     Manlia  de  vicesima,  i.  37,  b ; 

u.  124,  b. 
„     Marcia,  ii.  48,  a. 
„     Maria,     ii.     48,     a;    it. 

125,  b. 
„     Menenia,  ii.  48,  a. 
„     Menaia,  ii.  48,  a. 
.,     Messia,  ii.  48,  a. 
„     Metilia,  ii.  48,  a. 
„     Minucia,  ii.  48,  b. 
,,     Mucia,  ii.  48,  b. 
„     Mimeralis,  ii.  37,  b. 
„     Nervae  agraria,  ii.  48,  b. 
„     Octavia,  i.  878,  a. 
„     Ogulnia,  ii.  48,  b. 
„     Oppia,  ii.  724,  b. 
„     Orchia,  ii.  724,  b. 
„     Ovinia,  ii.  48,  b ;  ii.  621,  b; 

ii.  62%  a. 
„     Papia    de    peregrinis,    ii. 

45,  b. 
„      „        Poppaea,  i.  304,  a; 
i.648,b;ii.357,b; 
ii.  358,  a. 
„     Papiria,  or  Julia  Papirin 
de  malctaram  aestima- 
tione,  ii.  48,  b. 
„     Papiria,  ii.  48,  b. 

„        Plaatia,  ii.  48,  b. 
„         Poeielia,  ii.  49,  b. 
„        tabellaria,  ii.752,a. 
Pedia,  ii.  49,  a. 
,,     Peducaea,  ii.  49,  a. 
M     Pesulania,  ii.  49,  a. 
„     Petreia,  ii.  49,  a. 
„     Petronia,  ii.  49,  a. 
„     Pinaria,  i.  100,  b ;  ii.  49,  a. 
.,     Plaetoria,    i.    574,    b;    i. 

635,  b;  ii.  49,  a. 
„     Plautia,  or  Plotia  de  yi,  ii. 
971,  a. 
„       or   Plotia  jndici- 
aria,  i.  1028,  a ; 
u.  49,  b. 
„       Papiria,  i.  449,  a  ; 
ii.  48,  b. 
„     Poetelia,  i.  16,  b ;  i.  100,  b ; 
ii.    49,    b;    ii. 
125,  b. 
„  „       Papiria,  ii.  49,  h  ; 

ii.  231,  a. 
„     Pompeia,  ii.  49,  b. 
„  „         de      ambitu,      i. 

100,  b. 
V  „        judiciaria,      i. 

1028,  a. 


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LATIN  INDEX. 

Lex  Pompeia  de  jure  magistrn- 
tuum,  ii.  49,  b. 
de  parricidiis,  ii. 

49,  b. 
tribunitia,      ii. 

50,  a. 
de  Yi,  i.  1003,  a ; 

ii.  50,  a. 
Pompeiae,  ii.  49,  b. 
Porciae  de  capite  ciriam, 

ii.  50,  b. 
Porcia    de    prorinciis,    ii. 

50,  b. 
Praediatoria,  ii.  50,  b. 
Pablicia,  ii.  50,  b. 

„        de  alea,  i.  97,  a. 

Publilia,  i.  16,  b ;  i.  31,b; 

ii.    50,   b ;    ii. 

621,  b. 

„        de  sponaoribus,  i. 

1014,b;ii.l25,b. 

Pnbliliae,  ii.  32,  b ;  ii.  51,a ; 

ii.  437,  b. 
Pnpia,  ii.  51,  b. 
Quintia,  ii.  51,  b^ 
,,     regia,  ii.  51,  b. 
„     regiae,  ii.  32,  a. 
Remmia,  i.  349,  a. 
repetnndaram,  ii.  542,  a. 
de  residuia,  ii.  361,  a. 
Rhodia,  ii.  52,  a. 
Roscia  theatralis,  ii.  52,  a ; 

ii.  821,b. 
Rnbria,  ii.  32,  b ;  ii.  52,  a. 
Rupiliae,    ii.    52,    b;     ii. 

507,  a. 
Rntilia,  ii.  52,  b. 
aacratae,  ii.  52,  b. 
Saenia,  ii.  53,  a. 
Salpensana,  i.  1016,  b ;  ii. 

53,  a. 
Satura,  ii.  33,  b ;  ii.  597,  b. 
Scantinia,  ii.  53,  a. 
Scribonia,  ii.  53,  a. 
Sempronia  de  foenore,  ii. 

53,  b. 
Seinproniae,  ii.  53,  a ;  ii. 

507,  b  ;  ii.  632,  a. 
Servilia  agraria,  ii.  54,  a. 
Caepiouis,  i.  1027,b. 
Glaucia,  ii.  542,  b. 
„        de  repetun- 
dis,  ii.  54,  a;  ii. 
542,  b. 
„     judiciaria,  ii.  54,  a. 
„     Sestia,  ii.  54,  a. 

Si  Ha,  i.  16,  a;  ii.  54,  a. 
Sulpicia    Sempronia,    ii. 

54,  b. 
Sulpiciae,  ii.  54,  a. 
Sumptuariae,  ii.  723,  b. 
Tabellariae,  i.  507,  b;  ii. 

751,  b. 

„    Tarpeia  Atemia,  i.  31,  b ; 
ii.  36,  b. 
Terentia  Cassia,  i.  878,  a. 
Terentilia,  ii.  54,  b. 
Testameniariae,  ii.  54,  b. 
Thoria,  ii.  54,  b. 
Titia,  ii.  55,  a. 
„     de  alea,  i.  97,  a. 
de  tutoribus,  ii.  55,  a. 


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Lex  Trebonia,  iL  55,  a. 
„     Tribnnicia,  ii.  55,  a. 
„    Tollia  de  ambitOf  L  100,  b. 
„    Valeria,  de   pn»cripti&ne, 
ii.  504,  a. 
Valeriae,  ii.  55,  b. 

„         et    Horatiae,    ii. 
55,  b ;  u.  532,  b. 
Vallia,  i.  16,  b ;  ii.  56,  a ; 
ii.  125,  b. 
„    Varia,  ii.  114,  b. 
„     Vatinia,  ii.  56,  a. 
.,  „      de  colonisy  iL  56.  a. 

„    Vectibnlici,  ii.  56,  a. 
„    de  yi,  ii.  971,  a. 
„     yiaria,  ii.  56,  a ;  il.  948,  b^ 
„     rioeaimaria,  iL  954,  b. 
„    ViUia  annalia,  iL  S6,  a. 
„    Visellia,  i.  133,  a  ;  ii.  56,  a. 
„    Yoconia,  ii.  56,  a. 
„     Ursonensia,  i.^,  a. 
Libatio,  ii.  581,  a. 
Li  bell  a,  ii.  56,  b. 
Ubellua,  ii.  56,  b;  n.  293,  b. 
Liber,  i.  1009,  a ;  ii.  57,  b ;  li 
60,  b. 
„      Btata,  ii.  123,  b. 
Libera  faga,  i.  821,  a. 
Liberales  ladi,  ii.  61,  a. 
Liberalia,'  ii.  61,  a. 
Liberalia  causa,  i.  211,  b. 

„         maims,  i.  211,  b. 
Liberalitaa,  i.  100,  a. 
Liberi,  f.  1009,  a. 
Libertas,  ii.  682,  a. 
Libertns  (Greek),  ii.  61,  a. 
„        (Romao),  ii.  62,  b. 
Libertinna,  i.  1009,  a;  ii.  62,  b. 
Libitinarii,  L  890,  b. 
Libra,  ii.  56,  b ;  ii.  63,  b. 

„     or  as,  ii.  63,  a. 
Librae,  i.  220,  a. 
Libramentam,    L    154,   b;    iL 

854,  a. 
Librarii,  ii.  60,  a ;  ii.  G4,  a. 
Librarins  legionis,  i.  13,  b. 
Librator,  ii.  64,  a. 
Libripens,  ii.  118,  b. 
Libuma,  iL  222,  a. 
Libnrnica,  ii.  222,  a. 
Liceri,  i.  246,  a. 
Licia,  ii.  765,  a. 
Liciatonim,  ii.  765,  a. 
Licinia    lex    de    aodaliciis,    i. 
100,  b. 
„       Junia  lex,  ii.  47,  a. 
Mucia  lex,  ii.  47,  a. 
lex    sumptnaria,    it. 
725,  a. 

Liciniae  rogationes,  ii.  46,  a. 
Licitari,  i.  246,  a. 
Licitatio  fructoum,  i.  1020,  t. 
Licium,  ii.  721,  a. 
Lictor,  ii.  64,  b. 
Ligo,  ii.  66,  b. 
Ligula,  L  335,  b ;  iL  67,  a ;  iL 

530,  b. 
Lima,  ii.  67,  a. 
Limbus,  ii.  67,  a. 
Limen,  i.  987,  a;  iL  473,  a. 
Limes,  i.  86,  b. 
Limitatio,  i.  86,  a. 


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tt 


limns,  ii.  67,  b. 
linea,  ii.  390,  a. 
I^inearii,  i.  85,  b. 
langula,  i.  335,  b. 
Xinteones,  ii.  770,  b. 
lAnum,  i.  71,  b ;  ii.  753,  b. 
lirare,  i.  60,  b. 
Ldterae,  ii.  628,  b. 
Literarum  obligaiio,  ii.  253,  a. 
Literati,  ii.  666,  a. 
JLitidnes,  i.  35,  b ;  i.  544,  a. 
litigare  per  formulas,  i.  17,  b. 
litis  contestatio,  ii.  67,  b;  ii. 

259,  b. 
Litis  diridaae  ezceptio,  i.  19,  b. 
Lltterator,  ii.  97,  a. 
Xituus,  ii.  69y  a, 
lizae,  i.  348,  b ;  iL  69,  b. 
LixiTiom,  i.  881,  b ;  ii.  963,  b. 
Liocare  agrum,  i.  59,  b. 
Liocarii,  ii.  88,  a. 
Ix>cati  condncti  actio,  i.  387,  a. 
Ejochiio  conductio,  ii.  70,  a. 
Locator,  ii.  70,  a. 
Loculamentum,  i.  298,  a. 
LocqU,  ii.  70,  b. 
Locaples,  ii.  70,  b. 
Locos  liberatns  et  effatus,  ii. 

773,  a. 
Lodicula,  iL  71,  a. 
Lodiz,  ii.  71,  a. 
Logiatae,  i.  763,  a. 
Logistica,  iL  71,  a. 
Lomentum,  i.  68,  b. 
Lora,  ii.  964,  b. 
Lorarii,  L  864,  b. 
Lorica,  ii.  77,  b. 
Lomm,  L  864,  a. 
Lucar,  ii.  81,  a. 
Liiceres,  ii.  878,  a. 
Lucema,  ii.  81,  b. 
Lucta,  ii.  82,  a. 
Luctatio,  ii.  82,  a. 
Ladi,  iL  84,  b. 

„    Actiaci,  ii.  89,  a. 

„    ApoUinarei,  ii.  89,  b. 

„     Augustales,  i.  257,  b. 

„    Capitolini,  ii.  90,  a. 

„    Cerialet,  i.  406,  a. 

^j    Greeoses,  i.   437,  a;    ii. 
85,  b ;  ii.  86,  a. 

„     Florales,  i.  867,  b. 

^,    frinebres,  ii.  85,  a. 

Y,     honorarii,  ii.  85,  b. 

„    Juyeaales,  L  1053,  a. 
liberales,  i.  264,  b. 
magni,  iL  84,  b. 

„    Martiales,  ii.  90,  a. 

„     MegaleDMs,  ii.  155,  b. 

„    naUlicii,  ii.  85,  a. 

„    Palatini,  ii.  90,  b. 

„    piscatorii,  ii.  90,  b. 

„    plebeii,  ii.  90,  b. 
pontificales,  ii.  89,  a. 
qnaestorii,  ii.  87,  a. 

„    qninqnennales,  i.  14,  a. 

^,    Romani,  ii.  91,  a. 

„    aaecularea,  ii.  92,  a. 

„    Bcenici,  ii.  84,  b. 

^,    sevirales,  ii.  90,  b. 

„    Taurii,  ii.  93,  b. 
TereDtioi,  ii.  92,  a. 


^» 


LATIN  INDEX. 

Ludi  veneris  genetrids,  ii.  93,  b. 

„    victoriae  Caesaris,  ii.  93,  b. 

„  „       Sallanae,  ii.  94,  a. 

„    Volcanalici,  ii.  94,  a. 

„     Votivi,  ii.  84,  b. 
Ludus,  L  916,  b. 

„      doodecim  scriptorura,  i. 
695,  a ;  ii.  12,  a. 

„      latruDcalorum,  ii.  11,  a. 

„      litterarius,  ii.  94,  a. 

„      matutinus,  ii.  937,  a. 

„      Trojae,  ii.  899,  a. 
Lumen,  i.  156,  a ;  i.  862,  b. 
Luminum  senritus,  ii.  653,  a. 
Lunula,  L  335,  b. 
Lupanar,  L  388,  b. 
Lupatum,  i.  876,  b. 
Lupercalia,  ii.  99,  a. 
Luperci,  ii.  100,  a. 
Lupi,  ii.  651,  a. 
Lupinus,  L  68,  b. 
Lupus  ferrens,  ii.  101,  a. 
Lustratio,  iL  101,  a. 
Lustrum,  ii.  103,  b. 
Lyceum,  i.  926,  b. 
Lyra,  i.  217,  b  ;  ii.  104,  b. 


M. 

Macchus,  i.  522,  b. 
Macedonianum    senatusconsul- 

tum,  ii.  640,  a. 
Macellarius,  ii.  107,  a. 
Macelium,  ii.  106,  b. 
Maceria,  ii.  182,  a. 
Machinae,  ii.  107,  a. 
Macrum  solum,  i.  56,  b. 
Mactra,  i.  2,  a. 
Maenia  lex,  ii.  47,  b. 
Maenianum,  L  110,  b ;  i.  112,  a ; 
L430,b;  i.  665,  b ;  iL  109,  b. 
Hagadia,  ii.  106,  b. 
Magister,  iL  109,  b. 

admissionum,  i.  25,  b. 
armorum,  ii.  109,  b. 
auctionis,  i.  245,  b. 
a  censibu9,  ii.  109,  b. 
chori,  L  424,  a. 
coUegii,  iL  110,  a. 
convivii,  iL  743,  a. 
„        epistolarum,  iL  110,  a. 
„        equitum,  i.  633,  b. 
„        fani,  ii.  110,  a. 
„        libellorum,  iL  57,  a; 
ii.  110,  a. 
memoriae,  ii.  110,  a. 
militnm,  iL  110,  a. 
nayis,  i.  766,  b. 
„        officiorum,  ii.  110,  a. 
„        pagi,  ii.  310,  a. 
„         plebi,  iL  113,  a. 
„        populi,  i.  630,  b. 

a  rationibus,  ii.  110,  a. 
Bcriniorum,  ii.  110,  a. 
societatis,  ii.  110,  a. 
ricorum,  iL   110,  b; 
ii.  955,  a. 
Magistratus,  ii.  110,  b. 


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11 
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11 
11 


1045 

Magmenta,  ii.  586,  b. 
Magnetarches,  ii.  757,  h. 
Magnifici,  L  992,  a. 
Majestas,  ii.  114,  a. 
Majorca,  i.  1000,  a. 
Malleolus,  ii.  116,  a. 
Malleus,  ii.  116,  a. 
Malluvium,  ii.  125,  b. 
Malus,  iL  821,  b. 

„      oculus,  i.  827,  b. 
Mamilia  lex,  iL  47,  b. 
Mammaeani,  i.  97,  b. 
Marauralia,  i.  753,  b. 
Manceps,  ii.  116,  b. 
Maocipatio,  ii.  118,  a ;  ii.  803,  b. 
Mancipi  res,  i.  653,  b ;  ii.  983,  a. 
Mancipii  causa,  ii.  117,  a. 
Mancipium,  ii.  117,  b. 
Mandata,  i.  531,  b ;  U.  120,  b. 
Mandatarius,  ii.  120,  a. 
Mandati  actio,  ii.  120,  a. 
Mandator,  ii.  120,  a. 
Mandatum,  ii.  120,  a. 
Mandra,  ii.  12,  b. 
Mane,  i.  635,  b. 
Mangones,  ii.  664,  b. 
Maniae,  ii.  304,  a. 
Manica,  ii.  120,  b. 
Maoicula,  i.  160,  a. 
Manilla  lex,  ii.  48,  a. 
Manipulares,  i.  783. 
Manipularii,  i.  783. 
Manipulus,  i.  783,  b ;  L  787,  b ; 

iL672,a. 
Manila  lex,  L  37,  b  ;  ii.  124,  b. 
Mansio,  ii.  121,  a. 
Manaiones,  ii.  121,  b ;  ii.  590,  a. 
Mantele,  ii.  122,  a. 
Mantica,  ii.  122,  a. 
Manuarium  aes,  L  40,  b. 
Manubiae,  ii.  475,  a;  ii.  691,  a. 
Manucia,  ii.  854,  a. 
Manum,  conventio  in,  ii.  138,  b; 

ii.  141,  b. 
Manumissio,  ii.  122,  a. 
Manumiasor,  ii.  123,  b. 
Manupiarium,  ii.  723,  b. 
Manus,  i.  40,  b ;  iL  141,  b. 

„      ferrea,  i.  934^  a. 

„      injectio,   i.   16,    a;    ii. 
124,  b. 
Mappa,  iL  125,  b. 
MarceUus,  ii.  116,  a. 
Marcia  lex,  ii.  48,  a. 
Marculus,  ii.  116,  a. 
Marcus,  ii.  116,  a. 
Margo,  ii.  951,  a. 
Maria  lex,  ii.  48,  a ;  ii.  125,  b. 
Marra,  iL  126,  a. 
Marrnbium,  ii.  966,  b. 
Maraupium,  ii.  126,  a. 
Marsjas,  L  481,  a. 
Martialis  flamen,  L  865,  a. 
Martiales  ludi,  ii.  90,  a. 
Mastigia,  i.  864,  a. 
Matara,  f.  937,  a. 
Mater,  i.  469,  a. 
Materfamiliasy    L   825,   a ;    ii. 

138,  b. 
Matertera,  L  469,  a. 
Mathesis,  i.  213,  a. 
Matralia,  ii.  130,  a. 


1046 


LATIN  INDEX. 


Matrimoninm,  ii.  130,  a. 
Matrona,  ii.  138,  b. 
Matronales  feriae,  ii.  144,  b. 
Matronalia,  ii.  144,  b. 
MaoBoIenm,  it.  144,  b. 
Mazonomns,  ii.  151,  a. 
Medianae,  ii.  853,  a. 
Dilediastini,  i.  59,  a ;  ii.  151,  b. 
lledica,  i.  69,  b. 
Medicamentum,  ii.  390,  b. 
Medicamina,  ii.  96G,  a. 
iledici,  i.  802,  b. 
Medicina,  ii.  152,  a. 
Medicufi,  ii.  153,  a. 
Medimnua,  ii.  155,  b. 
Meditrinalia,  ii.  155,  b. 
Meddiz  tuticiu,  ii.  151,  a. 
Medulla  nudata,  i.  66,  b. 
Megalexkses  ludi,  ii.  155,  b. 
Megalensia,  ii.  155,  b. 
Megalesia,  ii.  155,  b. 
Melitenais  Testis,  ii.  157,  a. 
Melligo,  i.  82,  a. 
Membrana,  ii.  58,  a. 
Mensa,  ii.  157,  a. 

„      de,  i.  182,  a. 
Mensae  Delphicae,  i.  1,  a. 

„      scripturam,  per,  i.l82,a. 
„       Vaaariae,  i.  1,  b. 
Mensam,  per,  i.  182,  a. 
Mensarii,  i.  181,  a. 
Mensularii,  i.  181,  a. 
Mensia  lex,  ii.  48,  a. 
Hensis,  i.  341. 

Menaores,  i.  83,  b;  ii.  158,  a. 
HenBtrQum,  ii.  666,  b. 
Mensura,  ii.  158,  b. 
Mercenarii,  ii.  164,  b. 
Hercenariu9,  i.  59,  a. 
Merenda,  i.  394,  b. 
Merga,  i.  64,  a. 
Heridiaoi,  i.  918,  a. 
Meridies,  i.  635,  b. 
"hlerz  peculiaris,  ii.  061,  b. 
Messio,  i.  63,  b. 
Metae,  i.  432,  b ;  i.  435,  a. 
Meiallam,  ii.  166,  a. 
Metatores,  i.  372,  b. 
Metaxarii,  ii.  650,  a. 
Bletfafodici,  ii.  153,  a. 
Metretes,  ii.  170,  b. 
Metronomi,  ii.  170,  b. 
Micare  digitis,  ii.  171,  a. 
Miliarium,  ii.  868,  a. 
Miliam,  i.  67,  a. 
Mille  passuum,  ii.  171,  b. 
Milliare,  ii.  171,  b. 
Milliarium,  i.  279,  b;  ii.  171,  b. 
„  aiirenm,  ii.  171,  b ; 

ii.  952,  a. 
MilTus,  i.  223,  a. 
Hiixius,  ii,  172,  a. 
Mina,  ii.  446,  a. 
Minores,  i.  574,  a  ;  i.  1000,  a. 
Minucia  lex,  ii.  48,  b. 
Minntio  capitis,  i.  360,  a. 
Missio,  i.  809,  b;  i.  917,  b. 

„      causaria,  i.  809,  b. 

„      honesta,  i.  809,  b. 

„      ignominiosa,  i.  811,  b. 
Missns,  i.  438,  a. 
Mitra,  i.  499,  b ;  ii.  174,  q. 


»» 


»» 


Modiolus,  i.  578,  a ;  ii.  174,  b ; 

ii.  868,  a. 
Modius,  ii.  174,  b. 
Modulus,  ii.  174,  b. 

acceptorins,  i.  156,  a. 
erogatorius,  i.  156,  a. 
Modus  legitimus,  ii.  655,  b. 
Moenia,  ii.  182,  a. 
Mola,  ii.  175,  a. 

„    salsa,  ii.  143,  b  ;  ii.  581,  b. 
Monarchia,  ii.  177,  a. 
Moneta,  ii.  177,  a;  ii.  249,  a. 
Monetaies  triumriri,  ii.  178,  a. 
Monile,  ii.  178,  b. 
Monochromata,  ii.  390,  a. 
MoQopodium,  ii.  157,  b. 
Monoxylon,  ii.  460,  a. 
Monstrum,  ii.  499,  a. 
Mora,  ii.  180,  a. 
Morbus  comitialis,  i.  508,  a. 
Morio,ii.  205,  b. 
Mortarium,     ii.     180,    b;     ii. 

868,  a. 
Morum  regimen,  i.  400,  b. 

„      cnra,  or  praefectura,  i. 

401,  a. 
Mos,  i.  1042,  a. 
Motio  e  tribu,  ii.  882,  b. 
Muciana  cautio,  i.  389,  b. 
Mula,  -us,  i.  76,  b. 
Mulier,  ii.  912,  b. 
MuUeus,  i.  334,  a. 
Mulsa,  ii.  967,  b. 
Mulsum,  ii.  967,  b. 
Multa,  ii.  440,  b. 
Multicia,  ii.  770,  b. 
Munerator,  i.  916,  b. 
Municeps,  ii.  181,  b. 
Municipes,  ii.  979,  a. 
Munidpiam,  i.  48H,  a. 
Munifex,  i.  296,  a. 
Munus,  i.  893,  b ;  i.  916,  b ;  i. 

970,  a. 
Munychia,  ii.  181,  b. 
Mnralis  corona,  i.  548,  b. 
Murex,  ii.  870,  a. 
Muries,  ii.  941,  b. 
Murrea  rasa,  ii.  181,  b. 
Murrhina  vasa,  ii.  181,  b. 
Murrina,  ii.  967,  a. 
Murus,  ii.  182,  a. 
Mnscarium,  i.  863,  b. 
Musculus,  ii.  191,  b. 
Museum,  ii.  192,  a. 
Musica,  ii.  192,  b. 
Musi?arii,  ii.  397,  a. 
Musirum  opus,  ii.  397,  a. 
Mustaceum,  ii.  143,  b. 
Mustax,  ii.  200,  b. 
Mustum,  ii.  963,  a. 
Mntatione5,  ii.  121,  b. 
Mutui  actio,  ii.  201,  a. 

„       datio,  ii.  201,  a. 
Mutulf,  i.  491,  b. 
Mutus,  ii.  801,  a. 
Mutuum,  ii.  201,  a. 
Myrniillones,  i.  918,  a. 
Mjrtites,  ii.  966,  b. 
Mysteria,  ii.  202,  a. 
Mystrum,  ii.  205,  a. 


Kaenia,  i.  891,  a. 
Nani,  ii.  205,  a. 
Napus,  i.  69.  a. 
Narthecia,  ii.  977,  a. 
Nassa,  ii.  546,  b. 
Naaaiterna,  ii.  205,  b. 
Natalicii  ludi,  ii.  8ov  a. 
Natalibus  restitutio,  L  1«X>9,  I. 
NataUo,  i.  275,  b ;  L  282,  b. 
Natatorium,  L  275,  b. 
Natura,  i.  1043,  a« 
Naturales,  iL  358,  b. 
Naturalis  ratio,  i.  1042,  bu 
Naralia,  ii.  206,  a. 
NaTalea  duoviri,  i.  697,  a. 
Naralis  corona,  i.  54S,  b. 
NaTarcbns,  ii.  206^  a. 
Navis,  ii.  208,  a. 
Naumachia,  ii.  224,  b. 
Kaumachiarii,  ii.  225, «. 
Nauta,  ii.  225,  a. 
Nebris,  ii.  225,  b. 
Keoessarii  beredes,  i.  M9,  b. 
Nefasti  dies,  i.  636,  a. 
Negativa  actio,  i.  653,  a. 
Kegatoria   actio,  i.  527,  b;  i. 

653,  a ;  ii.  655,  jl 
Negligentia,  i.  572,  a. 
Negotiatores,  ii.  226,  a. 
Kegotiorum  geatontm  actio,  ti. 

226,  b. 
Nenia,  i.  891,  a. 
Nepos,  i.  469,  a. 
Neptia,  i.  469,  a. 
Neptunalia,  ii.  228,  b. 
Neronia,  ii.  536,  a. 
NerTus,  ii.  228,  b. 
Nexum,  ii.  229,  a. 
Nexus,  ii.  229,  b. 
Nidus,  i.  298,  a. 
Nisus,  or  Nixus,  i.  217,  b. 
Nitrum,  i.  881,  b. 
Nobiles,  ii.  231,  a. 
Nobilitu,  ii.  231,  a. 
Nodus,  ii.  233,  a. 
Nomen,  i.  835,  a ;  ii.  233,  a. 

„      expedire,  or  expvngcre. 
i.  182,  b. 

„      Latinum,  ii.  681,  a. 

„      (Greek),  ii.  233,  a. 
„      (Roman),  ii.  233,  b. 
Nomenclator,    i.    100^    a;    IL 

235,  b. 
Nominatio,  ii.  235,  b  ;  ii.55Lk 
Nomino,  ii.  235,  b. 
Nonae,  i.  344,  a. 
Norma,  ii.  243.  a. 
Notae,  ii.  24:i,  b. 

„      censoria,    i.   401,  a ;    L 

1006,  a. 
Notarii,  i.  13,  a ;  ii.  246,  a. 
Notatio  cenaoria,  L  401,  a. 
NoTale,  i.  72,  a. 
Novalis,  i.  72,  a. 
Koratio,  ii.  259,  a. 
NoTeilae,  ii.  245,  b. 

„      constitnttooes,  ii.  3A5^ 
Norendiale,  i.  893,  a. 
Noverca,  i.  43,  a. 


LATIN  INDEX. 


1047 


fvovi  hominety  ii.  232,  a. 

„    operiB  nantiatioy  ii.  275,  a. 
>^oza,  ii.  246,  a. 
Noxalis  actio,  ii.  246,  a. 
Nozia,  ii.  246,  a. 
Nubilarinm,  i.  64,  b. 
Nuces,  ii.  247,  a. 
Nucleus,  ii.  951,  a. 
Nudipedalia,  ii.  248,  a. 
Nudus,  ii.  248,  a. 
Numerufl,  i.  793,  a. 
Nummularii,  i.  181,  a. 
Nummns,  or  Kumus,  ii.  248,  b. 

„        aureus,  L  260,  b. 
Numulftrii,  i.  181.  a. 
Nuncupatio,  ii.  1 1 9.  a ;  ii.  801,  a. 
Nondinae,  ii.  261,  b. 
Nundinum,  ii.  252,  a. 
Nuntiatio,  i.  252,  a ;  ii.  275,  b. 
Nuptiae,  ii.  130,  a. 
Nurus,  i.  42,  b. 
NymphaAum,  i.  678,  a. 


0. 


OarioD,  or  Orion,  i    221,  a ;  i. 

231,  a. 
Obarator,  i.  63,  a. 
Obba,  ii.  252,  b. 
Obeliscus,  ii.  252,  b. 
Obices,  i.  989,  a. 
Obligatio,  ii.  253,  a. 
Obligatioues,  ii.  254,  b. 
Obnuntiatio,  i.  252,  a. 
Obolus,  ii.  260,  a ;  ii.  455,  a. 
Obrogare  legem,  ii.  33,  a. 
Obsidionalis  corona,  i.  547,  b. 
Obsonator,  ii.  277,  a. 
Obsoniam,  ii.  276,  b. 
OccasuB,  i.  224,  b. 
Occatio,  i.  63,  a. 
Occnpatio,  ii.  260,  a. 
Ocinum,  or  Ocymnm,  i.  70,  b. 
Ocrea,  ii.  260,  b. 
Octaeteris,  t.  342,  a. 
Octava,  ii.  934,  a. 
Octaria  lex,  i.  878,  a. 
October  equus,  ii.  261,  b. 
Octopboron,  ii.  14,  b. 
Ocularius,  ii.  155,  a. 
Odeum,  ii.  822,  a. 
Oecus,  i.  671,  b. 
Oenomelam,  ii.  967,  a. 
Oenophorum,  ii.  261,  b. 
Oenophorus,  ii.  262,  a. 
Ofiendix,  i.  135,  b. 
OfHcium  admissionis,  i.  25,  a. 
Offringere,  i.  60,  b. 
Ogulnia  lex,  ii.  48,  b. 
Olea,  ii.  262,  a. 
Oleagina  corona,  i.  549,  a. 
Olettas,  ii,  264,  b. 
Olenie,  i.  218,  9. 
Olenium  astrum,  or  pecus,  i. 

218,  a. 
Oletum,  ii.  262,  a. 
Oleum,  ii.  262,  a. 
OliTa,  ii.  262,  a. 


OliTarum  conditura,  ii.  26o,  a. 

Olivetum,  ii.  262,  a. 

Olivitas,  it.  264,  b. 

011a,  ii.  267,  a. 

OUaria,  u.  268,  a. 

Olor,  i.  218,  a. 

Olympia,  i.  14,  a ;  ii.  268,  a. 

Onager,  ii.  856,  b. 

Onerariae  naves,  i.  541,  b. 

Oneris     ferendi    servitus,    ii. 

653,  a. 
Onyx,  alabaster,  i.  95,  b. 
Opalia,  ii.  275,  b. 
Operae,  ii.  357,  a. 

„      serrorum  etanimalinm, 

ii.  652,  b. 
Operarii,  i.  13,  a ;  i.  58,  b. 
Opercula,  ii.  964,  a. 
Operis  novi  nuntiatio,  ii.  275,  b. 
Opiroa  spolia,  ii.  691,  b. 
Opimianum  vinum,  ii.  962,  b. 
Opinatores,  ii.  276,  a. 
Opisthographi,  ii.  59,  a. 
Oppia  lex,  ii.  724,  b. 
Oppidum,  i.  434,  a ;  ii.  276,  a. 
Opsonium,  ii.  276,  b. 
Optio  tabellariorum,  ii.  696,  b. 
Optiones,  i.  801,  b. 
Optimates,  ii.  232,  b. 
Opus,   or  acceptum  referre,  i. 

402,  b. 
Opus  al  barium,  ii.  346,  a. 

„      incertum,  ii.  188,  b. 

„      mixtum,  ii.  190,  a. 

„      musiyum,  ii.  397,  a. 

„      noTum,  ii.  275,  b. 

,,      quadratum,  ii.  187,  a. 

„      reticulatum,  ii.  189,  a. 
Oraculum,  ii.  277,  b. 
Orarium,  ii.  723,  b. 
Oratio,  i.  29,  a. 
Orationes,  i.  531,  b. 

„        principum,  ii.  293,  b. 
Orator,  ii.  294,  a. 
Orbis,  i.  843,  a;  ii.  157,  b;  ii. 

868,  a. 
Orbus,  ii.  45,  a. 
Orca,  ii.  679,  b. 

Orchestra,  ii.  811,  b;  ii.  814,  a. 
Orchia  lex,  ii.  724,  b. 
Orcinus  libertus,  ii.  123,  b. 
„       senator,  ii.  123,  b. 
Ordinarii  gladtatores,  i.  918,  a. 

„        serTi,  ii.  666,  a. 
Ordinarius  judex,  i.  1031,  b. 
Ordinum  ductores,  ii.  295,  b. 
Ordiri,  ii.  765,  b. 
Ordo,  i.  482,  a;  i.  606,  b;  ii. 
295,  b. 

„    Augustalium,  ii.  296,  a. 

„     decurionum,  i.  482,  a;  i. 
606,  b;  ii.  296,  a. 

„    equestris,    i.    756,  a;    i. 
783,  a ;  ii.  296,  a. 

„    senatorius,  ii.  296,  a ;  ii. 
625,  b. 

„    sententiarum,  ii.  628,  b. 
Oreae,  i.  876,  b. 
Organum,  ii.  107,  a. 
Oricbalcum,  ii.  297,  a. 
Originarii,  i.  472,  a. 
Orion,  i.  221,  a. 


Ornamenta     trinmphalia,    ii. 

898,  a.  I 
Omatio,  ii.  632,  b. 
Omatrix,  i.  501,  b. 
Omeatae,  ii.  372,  b. 
Omithones,  i.  77,  b ;  i.  80,  a. 
Orphica,  ii.  297,  b. 
Ortus,  i.  224,  b. 
Os  resectum,  i.  892,  b  ;  i.  893,  b. 
Oscines,  i.  250,  a. 
Oscillatio,  ii.  304,  b. 
Oscillum,  ii.  304,  a. 
Ostentum,  ii.  499,  a. 
Ostiarium,  ii.  306,  a. 
Ostiarius,  i.  669,  a. 
Ostium,  i.  669,  a ;  i.  987,  a. 
Ova,  i.  434,  b. 
Ovalis  corona,  i.  549,  a. 
Ovatio,  ii.  306,  b. 
Ovcs,  i.  73,  a. 
Oyile,  i.  508,  a. 
Ovinia  lex,  ii.  48,  b ;  ii.  621,  b ; 

ii.  623  a. 


P. 


Pabula,  i.  69,  b. 
Pactio,  ii.  256,  a. 
Pactum,  ii.  256,  a. 
Paean,  ii.  307,  a. 
Paedagogia,  ii.  308,  a. 
Paedagogium,  ii.  308,  a, 
Paedagogus,  ii.  307,  b. 
Paenula,  ii.  308,  b. 
Paganalia,  ii.  311,  a,  ' 
Pagani,  ii.  310,  b. 
Paganica,  ii.  422,  b. ' 
Pagi,  ii.  309,  b;  ii.  955,  a. 
Pagus,  ii.  309,  b ;  ii.  955,  a. 
Pa1a,i.  130,  a;  ii.  311,  b. 
Palaestra,  ii.  312,  a. 
Palaria,  ii.  324,  a. 
Palatini  ludi,  ii.  90,  b. 
Palilia,  ii.  347,  b. 
Palilirium,  or  Parilicium  sidus, 

i.  219,  a. 
Palimpsestus,  ii.  58,  b. 
Palla,  ii.  314,  b. 
PalHata  fabula,  i.  522,  a. 
Palliatns,  ii.  322,  a. 
Palliolum,  ii.  322,  b. 
Pallium,  ii.  318,  a. 
Palmipes,  ii.  322,  b. 
Palmus,  i.  571,  a ;  ii.  322,  b. 
Paludamentum,  ii.  322,  b. 
Paludatns,  ii.  323,  a. 
Pal  us,  ii.  324,  a. 
Panathenaea,  ii.  324,  a. 
Pancratiastae,  ii.  325,  a. 
Pancratium,  ii.  328,  a. 
Pandectae,  ii.  330,  a. 
Pandia,  ii.  333,  a. 
Panegyris,  ii.  333,  b. 
Panicum,  i.  67,  a. 
Panis  gradilis,  i.  879,  b. 
Pantomimus,  ii.  334,  a. 
Panus,  ii.  765,  a. 
Papia  lex  de  peregrinis,  ii.  45,  b. 


1048 


LATIN  INDEX. 


Papia  Poppaea  lex,  i.  304,  a ;  i. 

648,  b;  ii.  357,b;  ii.358,b. 
Papilio,  ii.  752,  b. 
Papiria  lex,  ii.  48,  b. 

„      Plautia  lex,  Ii.  48,  b. 
„      Poetelia  lex,  ii.  49,  b. 
„      tabellaria  lex,  ii.  752,  a. 
Papjrus,  ii.  58,  a. 
Par  impar  ludere,  ii.  336,  b. 
Paradlana,  ii.  338,  a. 
Paranada,  ii.  945,  b. 
Paralleli,  ii.  853,  a. 
Parangariae,  i.  587,  b. 
Parapechium,  ii.  945,  b. 
Parapherna,  i.  693,  b. 
Paraianga,  ii.  343,  a. 
Paraaiti,  ii.  343,  b. 
ParenUlia,  i.  893,  b. 
Parentatio,  I  894,  a. 
Paries,  ii.  345,  b. 
Parilia,  ii.  347,  b. 
Parma,  i.  784,  b;  iL  348,  a. 
Parmola,  ii.  348,  a. 
Parochi,  ii.  348,  a. 
Paropsis,  i.  386,  b. 
Parricida,  ii.  49,  b. 
PkrricidiaiQf  ii.  49,  b. 
Partiarius,  i.  60,  a. 
Pasoendi  serritus,  ii.  653,  b. 
Paatcaa  publica,  ii.  613,  a. 
Panmn,  ii.  965,  a. 
Ptasiu,  ii.  349,  a. 
Partillarii,  ii.  349,  a. 
Pastillas,  -am,  iL  349,  a. 
Pastio^  i.  72,  a. 

„      agrestu,  i.  72,  b. 

„      Tillatica,  i.  77,  b. 
Pastopboroi,  ii.  349,  a. 
Pastorea,  i.  77,  a. 
Patagium,  iL  716,  b. 
Paimm  aactoritas,  L  247,  a; 

iL  355,  a. 
Patella,  ii.  349,  b. 
Pater,  i.  469,  a. 

„      familias,   i.   825,   a;   ii. 
351,  b. 

„      patratits,  L  840,  a. 
Patera,  ii.  349,  b. 
Patibalam,  it.  351,  a. 
Patina,  ii.  351,  a. 
Patres,  ii.  354,  a;  ii.  620,  b. 

„      conscripti,  ii.  621,  a. 
Patria  potestas,  ii.  351,  b. 
Patricii,  ii.  353,  b. 
Patrimi  et  matrimi,  or  Patri- 

mea  et  matrimes,  ii.  356,  a. 
Patrimoff,  ii.  356,  a. 
Patrona,  ii.  356,  b. 
Patronomi,  ii.  356,  a. 
PatronuB,  ii.  356,  b. 
Patruut,  i.  469,  a. 
Pavae,  -i,  i.  79,  a. 
Payimentum,  L  685,  b. 
Pavonaceum,  ii.  764,  a. 
PaTonea,  i.  79,  a. 
Paaperie,  actio  de,  ii.  360,  a. 
Paaperiea,  iL  359,  b. 
Paaaarias,  ii.  468,  b. 
Pauaia,  ii.  265,  a. 
Pecoria  senritua,  ii.  653,  b. 
Pecten,     ii.     360,      a;      ii. 

765,  a. 


Pectinator,  ii.  360,  a. 
Pecuarii,  ii.  613,  a. 
Pecadea  majorea,  i.  75,  a. 
„      minores,  i.  72,  b. 
Peculator,  ii.  360,  b. 
Peculatua,  ii.  360,  b. 
Peculio,  actio  de,  iL  661,  b. 
Pecalium,  ii.  353,  a;  ii.  661,  a. 
„  castrenae,  ii.  353,  a. 

Pecunia,  ii.  361,  a. 

„      cnrta,  ii.  255,  b. 
„       vacua,  i.  182,  a. 
Pecuniae  repetundae,  ii.  542,  a. 
Pecua,  iL  613,  b. 

„      Bubulum,  i.  75,  a. 

„     Caprinum,  L  74,  a. 

„     Equinum,  L  76,  a. 

„      hirtnm,  i.  72,  b. 

„     Suillum,  L  74,  b. 

„      Tarentinam,or6raecam, 

i.  72,  b. 
Pedaneua  judex,  i.  1031,  b. 
Pedarii  aenatorea,  ii.  624,  b. 
Pedes,  iL  559,  a. 
Pediaequi,  iL  361,  a;  ii.  696, b. 
Peducaea,  lex,  ii.  49,  a. 
Pedum,  ii.  361,  b. 
Pegaaua,  i.  218,  b. 
Pegma,  ii.  361,  b. 
Pegmarea,  ii.  361,  b. 
PeUex,  i.  526,  a. 
Pelliarii,  ii.  363,  a. 
Pellionarii,  iL  363,  a. 
PeUis,  iL  362,  a. 
Pelta,  ii.  363,  b. 
Pelvis,  iL  364,  a. 
Penicillns,  -nm,  iL  390,  a. 
Peniculi,  iL  692,  a. 
Penaio,  L  59,  b. 
Pentacodomedimni,  i.  403,   b ; 

ii.  877,  a. 
Pentaapaatos,  iL  108,  a. 
Pentathlon,  ii.  364,  b. 
PepluB,  ii.  319,  b. 
Per  oondictionem,  ii.  366,  b. 
„   judicia    postulationem,   ii. 

367,  a. 
„    manua     injectionem,     ii. 

124,  b. 
„    pignoria  capionem,  ii.  367,b. 
Pera,  ii.  368,  a. 
Peroeptio,  ii.  988,  b. 
Perduellio,  ii.  114,  a. 
PerduelUonia  duoviri,  ii.  368,  a. 
Peregrinua,  L  448,  b, 
Peremptoria  exceptio,  i.  19,  b. 
Perferre  legem,  ii.  33,  a. 
Pergamena,  ii.  58,  b. 
Pergula,  ii.  97,  a ;  iL  368,  b. 
Periacelia,  ii.  373,  a. 
Periatiardiua,  i.  699,  b. 
Peristroma,  ii.  18,  a;  ii.  762,  b. 
Periatylium,     i.     671,    a;    iL 

373,  b. 
Permutatio,  i.  181,  a. 
Pero,  ii.  373,  b. 
Perpendiculnm,  ii.  373,  b. 
Perpetua  actio,  ii.  481,  a. 
Perrogatio,  iL  629,  b. 
Peracribere,  L  182,  a. 
Perscriptio,  L  182,  a. 
Peraea,  i.  218,  b. 


Peraens,  L  218,  a. 
Peraecutoria  actio,  iL  481,  a. 
Peraona,  ii.  374,  a. 
Pertica,  ii.  162,  a. 
Pea,  ii.  159,  b ;  iL  161,  b. 

„    Dmaianua,  ii.  159,  b. 

„    monetalia,  iL  160,  a. 

„    aestertiua,  iL  667,  a. 
Peaaulux,  L  989,  a. 
Pesulani  lex,  ii.  49,  a. 
Petaaua,  ii.  429,  a. 
Petauriatae,  iL  379,  a. 
Petaurum,  iL  379,  a. 
Petitor,  L23,  a;  L  100, a. 
Petorritum,   or  Petontnm,  ii. 

379,  b. 
Petreia  lex,  ii.  49,  a. 
Petronia  lex,  iL  49,  a. 
Phalae,  L  821,  b. 
Phalangae,  u.  379,  b. 
Pbalangarii,  iL  379,  b. 
Phalanx,  L  768,  b-779,  b. 
Phalarica,  L  937,  a. 
Phalerae,  u.  380,  a;  iL  674,  a. 
Phallas,  L  638,  a ;  L  827,  b. 
Pharetra,  ii.  381,  b. 
Pharoa,  or  Phama,  iL  383,  a. 
Phaaelua,  ii.  223,  b. 
Phaaeolua,  L  69,  a. 
Phaaiani,  L  78,  b. 
Philyra,  iL  57,  b. 
Picatio,  iL  964,  a. 
'  Pictnra,  ii.  389,  b. 
Pigmentarii,  iL  939,  b. 
Pigmentum,  iL  390,  b. 
Pignoratitia  action  ii.  421,  a. 
Pignoria  capio,  iL  367,  b. 
Pignna,  iL  419,  a. 
Pila,  iL  180,  b ;  iL  421,  b. 

„     trigonalia,  ii.  422,  b. 
Pilae,  iL  937,  b. 
Pilani,  L  784,  b. 
Pilentum,  iL  426,  a. 
Pilicrepna,  iL  426,  a. 
Pilleolnm,  iL  427,  a. 
Pilleum,  iL  426,  b. 
Pillena,  iL  426,  h. 
Pilum,  L  783,  b;  L936,a;ii. 

181,  a. 
Pinacotheca,  ii.  429,  a. 
Pinaria  lex,  L  100,  b ;  ii.  49,  a. 
Pinaere,  i.  66,  a. 
Piper,  u.  429,  b. 
Piperatorium,  ii.  429,  b. 
Piacatorii  ludi,  iL  90,  b. 
Piscea,  L  220,  b. 
Piacia,  L  223,  a. 
Piacina,  L  82,  b;  L154,b:u 
272,  b;  L275,  b;  L283,b; 
iL  429,  b. 
Piatillum,  iL  181,  a. 
Piator,  iL  430,  a. 
Piatrinum,  iL  181,  a. 
Piatria,  or  Piatrix,  L  221,  a. 
Piatum,  iL  161,  a. 
Pittadum,  iL  964»  b. 
Piaum,  L  69,  a. 
PU,  iL  966,  a. 
Plaetoria    lex,    L    574»  b;  u 

635,  b. 
Plaga,  ii.  546,  a. 
Plagiarius,  ii.  432,  a. 


PUginm,  ii.  431,  b. 
Planetae,  ii.  432,  a. 
Planetarii,  i.  213,  a. 
Plaoipes,  ii.  172,  b;  ii.  680,  a. 
PluUe,  ii.  794,  a. 
Plautram,    or    Plostram,    i. 

216,  a;  ii.  433,  b. 
Plantia,  or  Plotia  lex  de  vi,  ii. 
971,  a. 
„       judidaria,  i.  1028,  a ; 
u.  49,  b. 
Plebeii,  iL  434,  a. 

„      Icidi,  ii.  90,  b. 
Plebea,  ii.  434,  a. 
Plebiacitam,  ii.  32,  b ;  ii.  437,  a. 
Plebs,  il  434,  a. 
Piactmm,  ii.  106,  a. 
Pleiades,  i.  219,  a;  i.  227,  a. 
Pleni  menses,  i.  341,  a. 
Plostellam  poenicnm,  i.  64,  b ; 

u.  870,  a. 
Plamarii,  ii.  439,  b. 
Plumbniiif  ii.  167,  a. 
PlaUQS,  ii.  18,  b ;  iL  439,  b. 
Pneumatici,  ii.  153,  a. 
Pnyz,  i.  698,  a. 
Pocnlum,  i.  346,  b. 
Podium,  i.  110,  b;  i.  113,  a; 

i.  490,  b ;  ii.  440,  b. 
Poena,  ii.  440,  b. 
Poenae  militum,  i.  811,  a. 
Poeteiia  Papiria  lex,  iL  49,  b ; 

u.  231,  a. 
Politor,  i.  59,  a. 
Pollen,  i.  66,  b. 
PoUez,  L  571,  a ;  iL16],b. 
Pollicitatio,  iL  256,  a. 
Pollinctores,  i.  890,  a. 
Polubmm,  ii.  125,  b. 
Polas,  L  972,  b  ;  iL  442,  b. 
Polyeres,  iL  213,  b. 
Polymita,  ii.  770,  b. 
Pomeridiannm  tempos,  L  635,  b. 
Pomeriom,  or  Pomoerium,  ii. 

443,  a. 
Pompa,  i.  437,  a. 

„      Circensis,  L  437,  a. 
Pompeiae  leges,  iL  49,  b. 
Pondera,  ii.  444,  b ;  ii.  765,  a. 
Pons,  i.  508,  a ;  ii.  456,  b. 

„    Aelins,  iL  458,  b. 

„    Aemilins,  iL  458,  a. 

jf    Anrelins,  ii.  459,  a. 

„    Gestins,  iL  458,  b. 

„    Fabricius,  ii.  458,  b. 

„    Janiculetisis,  iL  459,  a. 

„     Molvios,  ii.  459,  b. 

„    Neronianos,  ii.  459,  a. 

„     Palatinus,  ii.  458,  b. 

„     Sublidos,  ii.  458,  a. 

„    suffiragiorum,  iL  460,  b. 

„    Vaiicaons,  ii.  459,  a. 
Pontifex,  iL  460,  b. 
Pontificales  libri,  iL  462,  a. 

„  ludi,  ii.  89,  a. 

PontiBces  minores,  ii.  463,  b. 
Pontificii  libri,  iL  462,  a. 
Pontificium  jus,  L  1041,  b ;  ii. 

462,  a. 
Popa,  L  572,  b ;  ii.  586,  b ;  ii. 

617,  a. 
Popina,  i.  388,  a. 


>» 


LATIN  INDEX. 

Poplifugia,  ii.  463,  b. 
Populares,  ii.  232,  b. 

„         actiones,  ii.  962,  a. 
Popularia,  L  112,  a. 
Populi  scitum,  iL  32,  b. 
Populifugia,   or  Poplifugia,  ii. 

463,  b. 
Popnlus,  L  112,  b;  ii.  464,  b. 
Por,  ii.  664,  a. 
Porciae  leges,  ii.  50,  b. 
Porta,  ii.  466,  b. 
„      decumana,  L  375,  b. 
„      Libitinensis,  L  436,  a. 
pompae,  L  436,  a. 
praetoria,  or  extraordi- 

naria,  i.  375,  b. 
principalis,  i.  375,  b. 
„      quaestoria,  L  375,  b. 
„      triumphalis,  L  436,  a; 
ii.  897,  a. 
Portentnm,  ii.  499,  a. 
Portions,  ii.  468,  a. 
Portisculus,  ii.  468,  b. 
Portitores,  ii.  469,  a ;  ii.  523,  a. 
Portorium,  ii.  468,  b. 
Portnmnalia,  ii.  469,  b. 
Portnnalia,  ii.  469,  b. 
Posca,  ii.  469,  b. 
Possessio,  L  53,  a ;  ii.  469,  b. 
„        bonae  fidei,  L  653,  a. 
„        bonorum,  i.  307,  a. 
„        clandestina,  i.  1018,  a. 
Possessor,  iL  472,  b ;  ii.  520,  b. 
Posies,  L  987,  a. 
Posticnm,  L  987,  a ;  iL  777,  b. 
Postliminium,  iL  472,  b. 
Postmeridianum     tempus,      i. 

635,  b. 
Postsignani,  L  807,  b. 
Postulaticii,  i.  918,  a. 
Postnmns,  i.  951,  b. 
Potestas,  ii.  351,  b. 
Praecidianeae  feriae,  i.  839,  a. 
Praecinctio,  i.  110, b  ;  i.  112,  a; 

iL  815,  a. 
Praecinctus,  i.  427,  b. 
Praecones,  ii.  474,  b. 
Praeconium,  ii.  475,  a. 
l^eda,  iL  475,  a;  iL  691,  a. 
Praedia,  ii.  475,  b. 
Praediator,  ii.  480,  a ;  ii.  984,  b. 
Praediatorium  jus,  iL  480,  a. 
Praediatura,  ii.  984,  b. 
Praediorum  serritutes,  iL  652,b. 
Praedium,  iL  475,  b  ;  ii.  652,  b. 
Praefecti  sociorum,  i.  786,  b. 
Praefectus,  ii.  476,  a. 

„         Aegjpti,  ii.  476,  a. 
aerarii,  i.  38,  a. 
alimentorum,  L97,b. 
annonae,  L  877,  b; 

ii.  476,  a. 
aquarum,  L  156,  a. 
aroendis  latrociniis, 

i.  796,  b. 
castrorum,  i.  798,  a; 

ii.  476,  b. 
classis,  ii.  476,  b. 
fabrftm,  L   798,  a; 

L  821,  b. 
jure      dienndo,     i. 
483,  b. 


»» 


n 


n 


n 
n 


»» 


If 


»» 


» 


11 


1049 

Praefectus  legionis,  L  798,  a. 

orae    maritimae,    i. 
796,  b. 

praetorio,  ii.  476,  b. 

sociorum,  i.  786,  b. 

vigilum,  L  795,  a. 

urbi,  iL  477,  a;  ii. 
553,  b. 
Praefectura,  i.  483,  a. 
Praefericulum,  ii.  478,  b. 
Praeficae,  i.  890,  a. 
Praefnmium,     i.    273,    a;     i. 

279,  a ;  L  873,  a. 
Praejudicium,  ii.  478,  b. 
Praelusio,  L  917,  a. 
Praenomen,  iL  234,  a. 

„         imperatoris,  L  998,a. 
Praepetes,  i.  250,  a. 
Praepositus,  ii.  479,  b ;  iL  696,  b. 
Praerogatira  centuria,  i.  509,  a. 
Praes,  iL  479,  b. 
Praescriptio,  i.  19,  a ;  ii.  480,  a. 
Praeses,  ii.  511,  a. 
Praesidia,  i.  377,  a. 
Praestatio,  ii.  255,  b. 
Praetentura,  i.  380,  b. 
Praeteritii  senatores,  iL  622,  a. 
Praetezta,  u.  849,  a. 
Praeteztata  fabula,  iL  865,  b. 
Praetextatus,  ii.  821,  b. 
Praetor,  ii.  481,  b. 
,   ^       peregrinus,  iL  482,  a. 
„       urbanus,  ii.  481,  b. 
Praetoria  actio,  L  21,  a. 

„        oohors,  L  791,  a. 
Praetorian!,  L  793,  b. 
Praetorii  latera,  L  380,  a. 
Praetorium,  L  373,  a ;  i.  379,  a ; 

L380,  a;  iL  483,  a. 
Praevaricatio,  ii.  642,  a. 
Pragmatici,  ii.  294,  b. 
Prandinm,  L  394,  b. 
Prata,  i.  70,  b. 

Precarium,  L  53,  a ;  i.  1020,  a. 
Prelum,  ii.  483,  a ;  ii.  850,  a. 
Prensatio,  i.  100,  a. 
Primioerius,  ii.  483,  b. 
Primipilaris,  i.  800,  a. 
Primus  pilns,  i.  799,  b. 
Princeps,  ii.  483,  b. 

„       juventutis,  L  757,  b. 
.  „        senatus,  ii.  642,  a. 
„        tabularius,  ii.  696,  b. 
Principales,  i.  800,  b. 
Principatus,  ii.  484,  a. 
Principes,  i.  783,  b  ;  L  785,  a. 
Principia,  i.  784,  b. 

„        via,  i.  374,  a. 
Principium,  i.  504,  a. 
Priratae  feriae,  L  837,  a. 
Priyatum    jus,    i.  448,   b;    i. 

1042,  a. 
Priyilegium,  i.  819,  b ;  iL  33,  a. 
Pririgna,  i.  42,  b. 
Privignus,  i.  42,  b. 
Proamita,  i.  469,  a. 
Proaria,  i.  469,  a. 
Proavunculns,  i.  469,  a. 
ProaTus,  L  469,  a. 
Procinctus,  ii.  803,  b. 
Proconsul,  ii.  493,  b ;  ii.  507,  b. 
Procuratio,  ii.  498,  b. 


1050 


/ 


Procurator,  i.  20,  b ;  i.  59,  a ; 
ii.    496,    b ;     ii. 
666,  a ;  ii.  696,  b. 
„         alimentomm,  i.  97,b. 
„         peni,  i.  391,  a. 
Procyon,  i.  222,  a. 
l*rodigium,  ii.  499,  a. 
Prodigas,  ii.  801,  a. 
Prodomus,  i.  661,  a  ;  ii.  777,  b. 
Proeliales  dies,  i.  636,  b. 
Professor,  i.  1039,  b. 
Piofesti  dies,  i.  636,  b. 
Profusiones,  ii.  581,  a. 
Progeoer,  i.  42,  b. 
l^jiciendi  Serritas,  ii.  653,  a. 
IVoletaiii,  i.  359,  b  ;  ii.  501,  a. 
Promatertera,  i.  469,  a. 
Promissa,  ii.  256,  a. 
Promissor,  ii.  256,  b. 
Promtilsis,  i.  396,  b  ;  u.  967,  b. 
Promns,  i.  391,  a. 
Promos  condus,  i.  391,  a. 
l^nepos,  i.  469,  a. 
Proneptis,  i.  469,  a. 
I*ronabae,  ii.  143,  a. 
Pronuntiatio,    i.    lOSl,   a ;    ii. 

629,  b. 
Pronnms,  i.  42,  b. 
Propatmos,  i.  469,  a. 
Propinatio,  ii.  743,  a. 
Proplasma,  ii.  501,  b ;  ii.  697,  a. 
Propnigemn,  i.  279,  a ;  i.  927,  a. 
Propraetor,  ii.  501,  b. 
Proprietarins,  ii.  988,  a. 
Proprietas,  i.  651,  b. 
Prosceninm,  ii.  812,  a. 
ProBcindere,  i.  60,  b. 
Proscribere,  ii.  503,  b. 
Proscripti,  ii.  503,  b. 
Proscriptio,  ii.  503,  b. 
Prosecta,  ii.  586,  b. 
Prosocrus,  i.  42,  b. 
Prospectus  servitus,  ii.  653,  a. 
Protropuro,  ii.  963,  b. 
Proyincia,  ii.  506,  b. 
Proyinciae,  ii.  Ill,  a. 
Provocatio,  i.  145,  a. 
PrOTOcatores,  i.  918,  a. 
Proximus  infautiae,  i.  1001,  a. 
„        pubertati,  i.  1001,  fi. 
Prudentes,  i.  1037,  a. 
Pubertas,  i.  574,  b  ;  i.  1000,  b. 
Pubes,  i.  1000,  a. 
Publicae  feriae,  i.  837,  a. 
Publicani,  ii.  520,  b. 
Publici  servi,  ii.  662,  b. 
Publicia  lex,  ii.  50,  b. 
Publiciana    in    rem    actio,    ii. 

523,  b. 
Publicum,  i.  37,  a ;  ii.  520,  b. 
„        jus,    i.    448,    b ;     i. 

1042,  a. 
Publicus    ager,    i.    49,   b;    ii. 

509  a. 
Publilia  lex,  i.  16,  b;  i.  31,  b ; 

ii.  50,  b. 
Publiliae   leges,   ii.   32,   b;   ii. 

51,  a. 
Puer,  ii.  664,  a. 
Pngilatus,  ii.  524,  a. 
Pugiles,  ii.  524,  a. 
Pugillares,  ii.  753,  a. 


LATIN  INDEX. 

Pngio,  ii.  525,  a. 
Pullarius,  i.  250,  b. 
Pullati,  i.  112,  b. 
Pnlmentarium  serrorum,  i.59,b. 
Pulpitum,  ii.  814,  b. 
Puis,  i.  67,  a ;  ii.  525,  b. 
„     fabata,  i.  68,  b. 
Pulvinar,  i.  430,  b ;  ii.  15,  b ; 

ii.  526,  a. 
Pulrini,  i.  112,  a. 
Pulvinus,  ii.  526,  a. 
Pumilio,  ii.  205,  a. 
Pumilus,  ii.  205,  b. 
PuDcta,  ii.  696,  a. 
Punctae,  i.  156,  a. 
Pupa,  ii.  526,  a. 
Pupia  lex,  iL  51,  b. 
Papillus,  i.  1000,  a;  ii.  909,  b. 
Papillaris  substitutio,  i.  950,  b. 
Putea],  ii.  526,  a. 
Puteus,  i.  153,  b ;  i.  275,  b. 
Puticulae,  ii.  647,  b. 
Pttticuli,  ii.  647,  a. 
Pjra,  i.  893,  a. 
Pyrgus,  i.  877,  a. 
Pyrrhica,  ii.  527,  a. 
Pjthia,  ii.  282,  a. 
Pytho,  ii.  281,  a. 
Pyxis,  ii.  530,  a. 


Q. 

Quadra,  ii.  690,  b. 
Quadragesima,  ii.  530,  b. 
Quadrans,  i.  202,  b ;  ii.  455,  a. 
Quadrantal,  ii.  530,  b. 
Quadriga,  i.  579,  b. 
Quadrigatus,  i.  205,  a. 
Quadriremes,  ii.  221,  a. 
Quadrupes,  ii.  359,  b. 
Quadruplatores,  ii.  531,  b. 
Quadruplicatio,  i.  20,  a. 
Quaesitor,  L  1032,  b. 
Quaestionarii,  i.  803,  b. 
Quaeationes,  i.  1032,  a. 

„  perpetuae,  i.l027,b. 

Quaestor,  ii.  532,  a. 
Quaestores  aeraiii,  ii.  533,  h. 

alimeDtorum,  i.  97,  b. 

claasici,  ii.  534,  b. 

parricidii,  ii.  532,  b. 

pecuniae     alimenta- 
riae,  i.  97,  b. 

principis,  ii.  534,  b. 

reruro  capitalium,  ii. 
533,  a. 

sacri  palatii,  ii.  636,a. 

nrbani,  ii.  532,  b. 
Quaestoria  munera,  ii.  87,  a. 
Quaestoni  Indi,  ii.  87,  a. 
Quaestorium,  i.  381,  a. 
Quaestura  Ostieosis,  ii.  534,  b. 
Quales-quales,  ii.  666,  a. 
Qualus,  i.  830,  a. 
Quanti  roinoris  actio,  ii.  535,  a. 
Quartarins,  iL  530,  b ;  ii.  535,  a. 
Quasillariae,  i.  330,  b ;  ii.  771,  a. 
Quasillus,  i.  330,  a. 


»» 


»» 


Qoatemio,  i.  207,  a. 
Quatuorriri    jure    dicnndo,    i. 
483,  b. 
„  viarum    curanda* 

rum,  ii.  949,  a. 
Querela    iDofficioei    tcstameuti, 

ii.  806,  a. 
Quinarius,  i.  617,  a. 
Quinctilis,  i.  344^  b. 
Quincunx,  ii.  455,  a. 
Quindecemriri,  L  601,  b. 
Quingenaria,  ii.  958,  a. 
Quinquagesima,  ii.  535,  b. 
Quinqnatria,  ii.  535,  b. 
Quinquatrns,  iL  535,  b. 

„  minores    or    mi- 

noaculae,  iL  536,  a. 
Quinquennalia,  ii.  536,  a. 
Quinquennalia,  L  483,  a. 
Quinqneremes,  ii.  221,  a. 
Quinqnertium,  iL  364,  b. 
Quinqueriri,  ii.  536,  a. 

„  mensarii,  i.  181, a; 

ii.  536,  b. 
Quintana,  i.  374,  b. 
Qnintia  lex,  iL  51,  b. 
Quintilis,  i.  341,  a. 
Quirinalia,  ii.  536,  b. 
Quirinalis  flamen,  L  865,  a. 
Quiritium    jus,   L  448,   b;    i. 

1042,  b. 
Quod  jussu,  actio,  L  1052,  a. 
Quorum  bonorum,  interdictDir* 

U.  536,  b. 


R. 


Radius,  L  578,  a;   iL  537,  b; 

iL  765,  a. 
Ramenta  sulpurata,  L  991,  b. 
Ramnenses,  ii.  878,  a. 
Ramnes,  ii.  878,  a. 
Rapina,  L  69,  b. 

„      or  rapta  bona,  L  896,  b. 
Rastellus,  iL  537,  b. 
Raster,  iL  537,  b. 
Rastrum,  ii.  537,  b. 
Rates,  ii.  538,  a. 
Ratiocinandi  an,  iL  71,  a. 
Rationes,  i.  182,  a. 
Rationibus  distrahendis,  actio 

de,  iL  911,  bl 
Rationis  subdactio,  iL  71,  a. 
Recepta;  de  recepto,  actio,  ii. 

539,  a. 
Recinium,  ii.  565,  a. 
Rector,  ii.  979,  b. 
Recnperatores,  L  1026,  a. 
Reda,  iL  539,  b. 

Redemptor,  L  402,  b;  iL  7<^  a. 
Redhibitoria  actio,  iL  540,  a. 
Redimiculum,  ii.  174,  b. 
Refrira,  L  68,  b. 
Reges  socii,  iL  682»  a. 
Regia,  i.  287,  a ;  ii.  540,  a. 

„     lex,  iL  51,  b. 
Regifugium,  ii.  540,  b. 
Regilla,  ii.  142,  b;  ii.  906,  a. 


»» 


»> 


Regina  sacrorum,  ii.  555,  a. 
Regio,  ii.  541,  a. 
Regnla,  ii.  541,  b. 
Rei  contrectatio,  i.  895,  a. 
„    uzoriae,  or  dotia  actio,  i. 

694,  a. 
KeUtio,  u.  628,  a. 
Relegatio,  i.  819,  b. 
Relegatns,  i.  821,  a. 
Religiosus  locus,  i.  893,  b. 
Remancipatio,    i.    648,    b;    i. 

726,  b. 
Remmia  lex,  i.  349,  a. 
Remulcum,  ii.  541,  b. 
Rem  aria,  ii.  30,  b. 
Remua,  ii.  212,  a;  ii.  215,  a. 
Rennntiatio,  L  508,  a. 
Repagula,  L  989,  b. 
Reparator,  i.  60,  b. 
Repetundae,  ii.  542,  a. 
Rftplicatio,  i*  19,  b. 
Repolire,  i.  64,  b. 
Repositorinin,  i.  396,  b. 
Repotia,  ii.  144,  b. 
Repudium,  i.  648,  b. 
Repurgare,  i.  64,  b. 
Res,  i.  652,  a. 

communes,  i.  652,  b. 
corporales,  i.   652,  a;    ii. 
977,  b. 
,,    dirini  juris,  i.  652,  b;   i. 
1041,  b ;  ii.  985,  a. 
fiduciaria,  i.  858,  a. 
fructuaria,  ii.  988,  b. 
fungibiles,  i.  652,  b. 
furtivae,  ii.  985,  b. 
hereditaria,  ii.  984,  b. 
humani  juris,  i.  1041,  b. 
„    immobiles,  i.  652,  a. 

incorporates,  i.  652,  a;  ii. 

977,  b. 
mandpi,    t    653,    b;    ii. 

983,  a. 
mobiles,  i.  652,  a. 
nee  mancipi,  i.  653,  b ;  ii. 

983,  a. 
priratae,  i.  652,  b. 
publicae,  i.  652,  b. 
religiosae,  i.  652,  b. 
sacrae,  i.  652,  b. 
„     sanctae,  i.  652,  b. 
„     serviens,  ii.  652,  a. 
„     singulorum,  i.  652,  b. 
„     uniyersitatis,  i.  652,  b. 
„     nzoria,  i.  693,  a. 
„     vi  possessae,  ii.  986,  a. 
Rescripta,  i.  531,  b. 
Rescriptum,  i.  531,  b. 
Resina,  ii.  966,  a. 
Responsa,  i.  1037,  a. 
Respublica,  ii.  978,  b. 
Restitutio  in  integrum,  ii.  543,a. 
Restitntoria  actio,  ii.  545,  a. 
Rete,  ii.  545,  a. 
Retentio  dotis,  i.  649,  a. 
Retentota,  i.  381,  a. 
Retiarii,  i.  918,  a. 
Reticulum,  i.  499,  a ;  ii.  545,  a. 
Reus,  L  23,  a;  u.  258,  b. 
Rex,  ii.  546,  b. 
„    conyirii,  ii.  743,  a. 
„    sacriBculus,  ii.  555,  a. 


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LATIN  INDEX. 

Rex  sacrificus,  ii.  555,  a. 

„    sacrorum,  ii.  555,  a. 
Rhetor,  ii.  97,  a. 
Rhodia  lex,  ii.  52,  a. 
Rhombus,  ii.  906,  b. 
Rhythmica,  iL  558,  a. 
Rica,  i.  866,  a ;  ii.  565,  b. 
Ricinium,  ii.  565,  a. 
Rivus  subterraneus,  i.  154,  a. 
Robigalia,  ii.  566,  a. 
Roborariuro,  ii.  338,  a. 
Robur,  i.  363,  a. 
Robus,  i.  65,  a. 
Rogare  legem,  ii.  33,  a. 
Rogatio,  i.  1027,  a ;  ii.  33,  a. 
Rogationem  accipere,  ii.  33,  a. 

.  „  promulgare,  ii.  33,  a. 

Rogationes  Liciniae,  ii.  46,  a. 
Rogator,  i.  508,  a ;  ii.  751,  a. 
Rogus,  i.  893,  a. 
Romphaea,  i.  920,  a ;  i.  037,  a. 
Rorarii,  i.  782,  a ;  i.  784,  b. 
Rosatio,  i.  894,  a. 
Rosda  theatralis  lex,  ii.  52,  a ; 

ii.  821,  b. 
Rostra,  ii.  566,  a. 
Rostrata  columna,  i.  495,  a. 

„        corona,  i.  548,  b. 
Rostrum,  ii.  217,  a. 
Rota,  i.  578,  a;  i.  843,  a;  ii. 
567,  a. 

„    fignlaris,  i.  843,  a. 
Rubria  lex,  ii.  32,  b ;  ii.  52,  a. 
Rubrica,  i.  244,  b. 
Rudens,  ii.  217,  b. 
Ruderatio,  i.  685,  b. 
Rudiarii,  i.  917,  b. 
Rndis,  i.  917,  a. 
Rudus,  ii.  951,  a. 
Rnfuli,  i.  797,  a. 
Rumpia,  i.  920,  a  ;  i.  937,  a. 
Rnncatio,  i.  63,  b. 
Runcina,  ii.  567,  b. 
Rupiliae  leges,  ii.  52,  b. 
RuBtid,  i.  471,  b. 
Rutabulum,  ii.  567,  b. 
Rutellum,  ii.  567,  b. 
Rutiliana  actio,  i.  306,  b. 
Rntrum,  ii.  567,  b. 


S. 


Sabaia,  -um,  i.  407,  a. 
Saccatus,  ii.  964,  b. 
Saccus,  ii.  568,  a ;  ii.  964,  b. 
Sjicellum,  ii.  568,  a. 
S:icena,  i.  650,  a. 
Sacer,  i.  1049,  a. 
Sacerdos,  ii.  568,  b. 
Sacerdotas  Augustales,  i.  25H,  a. 
Sacerdotium,  ii.  568,  b. 
Sacomarii,  ii.  696,  b. 
Sacra,  ii.  577,  a. 

„      gentilicia,  i.  910,  b ;  ii. 
577,  b. 

„      municipalia,  ii.  577,  a. 

„      priTata,  ii.  577,  b. 

„      publica,  ii.  578,  a. 


1051 

Sacramento,  ii.  958,  a. 
Sacramentum,    i.    805,    b ;    i. 

1049,  a ;  ii.  958,  a. 
Sacrarium,  i.  672,  b ;  ii.  579,  a» 
Sacratae  leges,  ii.  52,  b. 
SacriBcium,  ii.  579,  a. 
Sacrilegium,  H,  587,  a. 
Sacrilegus,  ii.  587,  a. 
Sacrorum  detestatio,  i.  911,  a. 
Sacrosanctitas,  ii.  113,  b. 
Sacrum  noremdiale,  i.  837,  a. 
Saeculares  Indi,  ii.  92,  a. 
Saeculum,  ii.  92,  a. 
Saepes,  i.  57,  b. 
Saepimentnm,  i.  57,  b. 
Saepta,  L  507,  b. 
Sagarii,  ii.  588,  b. 
Sagatio,  ii.  589,  a. 
Sagitta,  i.  218,  b ;  ii.  587,  a. 
Sagittarii,  ii.  588,  a. 
Sagittarius,  i.  220,  b. 
Sagittifer,  i.  220,  b. 
Sagittipotens,  i.  220,  b. 
Sagmina,  ii.  588,  a. 
Sagulum,  ii.  589,  a. 
Sagum,  ii.  588,  b. 
Salaminia,  ii.  826,  b. 
Salarium,  ii.  589,  a. 
Salientes,  i.  871,  a. 
Salii,  ii.  589,  a. 
Salillum,  ii.  592,  a. 
Salinae,  ii.  592,  a. 
Salinator,  ii.  592,  a. 
Salinum,  ii.  592,  a. 
Salsilago,  ii.  592,  a. 
Salsugo,  ii.  592,  a. 
SalUtio,  ii.  592,  b. 
Saltus,  i.  51,  a;   i.  57,  b;  ii. 

613,  a. 
Salyianum       interdictum,       L 

1019,  b. 
Salutatio,  ii.  594,  b. 

„         pro  imperio,  i.  998,  b. 
Salutatores,  ii.  594,  b. 
Sambuca,  ii.  594,  b. 
Sambucistriae,  ii.  595,  a. 
Samnites,  i.  918,  b. 
Sampsa,  ii.  850,  a. 
Sandalium,  ii.  685,  b. 
Sandapila,  i.  892,  a. 
Sapa,  ii.  963,  b. 
Sapo,  i.  881,  b ;  ii.  595,  b ;  ii. 

977,  a. 
Sarcinae,  i.  807,  a. 
Sarcophagus,    i.    892,    b ;     ii. 

595,  b. 
Sarculatio,  i.  63,  a. 
Sarculum,  i.  63,  a ;  ii.  597,  a. 
Sarisa,  i.  778,  a ;  i.  936,  b. 
Saritio,  i.  63,  a. 
Saronia,  ii.  597,  a. 
Sarracum,  ii.  597,  a. 
Sartago,  ii.  597,  b. 
Satio,  i.  62,  a. 

„      septimontialis,  i.  68,  a. 

„     trimestris,  i.  62,  b. 
Satira,  ii.  597,  b. 
Satura,  ii.  597,  b. 

„      lex,  ii.  33,  b ;  ii.  597,  b. 
Saturnalia,  ii.  599,  b. 
Scabellum,  i.  432,  b. 
Scabillum,  i.  591,  a. 


1052 


LATIN  INDEX. 


Scaena,  ii.  817,  b ;  ii.  820,  b. 
ScaUe,  ii.  601,  a. 

„      Gemoniae,  i.  363,  b. 
Scalpellum,  i.  414,  b. 
Scalprnm,  ii.  601,  a. 
Scalptura,  ii.  601,  b. 
Scamnum,  i.  380,  b. 
Scandulae,  ii.  763,  b. 
Scantinia  lex,  ii.  53,  a. 
Scaphium,  ii.  611,  a. 
Scapus,  i.  68,  a ;  ii.  696,  a ;  it 

765,  a. 
Scarabaeus,  ii.  602,  b. 
Soenici  Indi,  ii.  84,  b. 
Sceptram,  ii.  611,  b. 
Schidae,  ii.  58,  a. 
Schola,  i.  275,  b ;  i.  277,  a. 
Scholae,  i.  381,  a. 

„       auctores,  i.  246,  b. 
Scillites,  u.  966,  b. 
Sdothericum,  L  974,  b. 
Scipio,  ii.  612,  a. 
Scire,  ii.  637,  a. 
Scirpea,  ii.  433,  b. 
Scissor,  i.  397,  a. 
Scitum  populi,  iL  32,  b. 
Scobia,  ii.  612,  b. 
Scopa,  il  612,  b. 
ScordisciM,  i.  742,  b. 
Scorpio,  L  220,  a ;  ii.  853,  a. 
Scorpiof,  i.  220,  a. 
Scortea,  ii.  308,  b. 
Scotia,  ii.  690,  b. 
Scriba'e,  i.  12,  a ;  ii.  612,  b. 
Scribere,  i.  182,  a. 
Scribonia  lex,  ii.  53,  a. 
Scrinium,  i.  358,  b. 
Scrip! am,  ii.  613,  b. 
Scripta,  iu  469,  b. 

„      dnodecim,  i.  695,  a. 
Scriptura,  i.  52,  b ;  ii.  613,  a. 
Scripturarii,  ii.  613,  b. 
Scripulum,  i.  57,  b ;  ii.  163,  b ; 

ii.  455,a;  ii.  613,  b. 
Scrobes,  i.  157,  b. 
Scrupulum,  i.  1034,  a ;  ii.  613,  b. 
Sculptura,  ii.  601,  b. 
Sculponeae,  i.  59,  b  ;  ii.  613,  b. 
Scutella,  ii.  614,  a. 
Scutica,  i.  864,  a. 
Scutum,  ii.  614,  a. 
Scyphns,  ii  614,  a. 
Scytale,  ii.  615,  a. 
Secale,  i.  67,  b. 
Seoespita,  ii.  615,  a. 
Secretarium,  i.  248,  a. 
Sectatores,  i.  100,  a. 
Sectio,  ii.  475,  b ;  ii.  615,  b. 
Sector,  ii.  475,  b ;  ii.  615,  b. 
Sectorium      interdictnm,     i. 

1019,  b;  ii.  615,b. 
Secundariura,  ii.  965,  a. 
Securis,  ii.  616,  a. 
Secutores,  i.  803,  b ;  i.  918,  b. 
Sedile,  ii.  619,  a. 
Seges,  i.  72,  a. 
Sella,  i.  386,  a ;  ii.  617,  b. 

„      curulis,  ii«  619,  b. 
Sellisterniutn,  ii.  16,  a. 
Sembella,  ii.  56,  b. 
Semen  adoreum,  i.  65,  b. 

„      trimestre,  i.  65,  b. 


»» 


>» 


»» 


Sementina  dies,  i.  838,  b. 
Sementivae  feriae,  i.  838,  b. 
Semimares,  i.  900,  a. 
Semis,  Semissis,  i.  202,  b ;  ii. 

455,  a. 
Semita,  ii.  951,  a. 
Sempronia  lex  de   foenere,   ii. 

53,  b. 
Semproniae  leges,  ii.  53,  a. 
Semuncia,  ii.  455,  a. 
SemuDciarium  feaaa,.i.  835,  b. 
Senator,  iL  620,  b. 
Senatores  Ordni,  ii.  123,  b. 
„        pedarii,  ii.  624,  b. 
Senatas,'ii.  620,  b. 

„       auctoritaa,  ii.  630,  b; 
ii.  637,  b. 
Scnatusconsultum,  ii.  636,  a. 
„    Afinianum,  ii.  638,  a. 
„     Apronianum,  ii.  638,  a. 
„    Articttleianum,  iL  638,  b. 
de  BacchanaHbas,iL638,b. 
Calvisianum,  ii.  45,  a ;  ii. 

638,  b. 
Claudianum,  ii.  45,  a ;  ii. 
638,  b. 
„    de   coUusione  detegenda, 

iL  639,  b. 
„     Dasumiannm,  ii.  639,  b. 
„     Fabianum,  iL  638,  a. 
„    Hadriani,  ii.  639,  b. 
„     Hosidianum,  ii.  639,  b. 
„    Juncianum,  iL  639,  b. 
„    Junianiim,  ii.  639,  b. 
„    Juventiannm,  iL  639,  b. 
„     Largianum,  ii.  640,  a. 
„     Libonianum,  ii.  640,  a. 
„    de  ludis  saecalaribus,  iL 

640,  a. 
„     Maoedonianum,  iL  640,  a. 
,,     Memmianum,   ii.  45,   a; 

iL  640,  b. 
„     Neronianum,  ii.  640,  b. 
,,     Orfitianum,  ii.  640,  b. 
„  .  Oatorianum,  iL  63,  a. 

Papinianum,  iL  638,  a. 

Pegasianum,  i.  857,  b ;  ii. 

641,  a. 

„     Persicianum,  ii.  44,  b ;  ii. 
641,  a. 

„     Pisonianum,  ii.  640,  b. 

„     Plancianam,  ii.  641,  a. 

„     Rubrianum,  ii.  641,  b. 

„     Sabinianum,  ii.  638,  a. 

„     Silanianum,  ii.  641,  b. 

„    taciturn,  i.  12,  a. 

„     Tertnllianam,  iL  641,  b. 

„    Trebellianum,  L  857,  a; 
iL  642,  a. 

„    Torpilianuro,  iL  642,  a. 

„    VelleiaDum,  iL  642,  a. 

„     Vitrasianum,  ii.  64i2,  b. 

„     Volusianum,  ii.  642,  b. 
Senatus  jus,  ii.  626,  b. 
Seniores,  i.  505,  a. 
Sententia,  ii.  622,  a. 
Septem  Triones,  i.  216,  b. 
Septemyiri  £puloDes,  i.  753,  b. 
Septimatrus,  ii.  535,  b. 
Septimontium,  ii.  578,  b. 
Septunx,  ii.  455,  a. 
Sepulchri  riolati  actio,  ii.  961,b. 


>» 


>» 


n 


n 


Sepuluhrum,  ii.  643,  a. 
Sequestres,  i.  100,  a. 
Sera,  L  989,  b. 
Seriae,  iL  964,  a. 
Sericarii,  ii.  650,  a. 
Sericum,  iL  649,  b. 
Sermo,  ii.  599,  a. 
Serpens,  L  217,  a ;  i.  218,  U 
Serpentarius,  L  218,  b. 
Serra,  ii.  650,  b. 
Serrarius,  ii.  650,  b. 
Serrati,  sc.  denarii,  iL  651,  K 
Serrula,  iL  650,  b. 
Serta,  L  545,  a. 
Serrare  de  coelo,  L  252,  a. 
Seiriana  actio,  iL  419,  b. 
Senrilia  agraria  lex,  iL  54,  a. 
„       Glaucia  lex,  ii.  542,  h. 
„      judiciaria  lex,  iL  54,  a. 
Serritns,  iL  652,  a  ;  iL  659,  b. 
Senritutes,  iL  651,  b. 
Serrus  (Greek),  iL  656,  a. 

(RomanX  L  59,   a;    iL 
659,  b. 

ad  manum,  i.  99,  a. 

publicua,  i.   12,   a;    iL 
662,  b. 
Sescuncia,  ii.  455,  a. 
Sesquiplares,  or  Sesquiplarii,  i. 

787,  b;  L809,  a. 
Sessorium,  L  366,  a ;  i.  568,  b. 
Sestertium,  L  366,  a ;  L  568,  b. 
Sestertius,  iL  667,  a. 
Serir  tnrmae  equitom,  1. 757,  h. 
SeTiri,  i.  259,  a. 
Sex  suffragia,  L  754^  a. 
Sexatrus,  ii.  535,  b. 
Sextans,  L  202,  b ;  ii.  455,  a. 
Sextarius,  iL  530,  b  ;  iL  668.,  a. 
Sextilis,  i.  341,  a. 
Sextula,  iL  455,  a ;  ii.  668,  a. 
Sibina,  L  937,  a. 
Sibyllini  libri,  iL  668,  a. 
Sica,  iL  671,  b. 
Sicarius,  iL  672,  a. 
Sidlicus,  ii.  455,  a;  iL  672,  a. 
Sicilire  pratum,  L  71,  a. 
Sidu^  iL  672,  a. 
Sidareus,  ii.  672,  a. 
Sidus  natalidum,  L  213,  b. 
Sigillaria,  U.  600,  b. 
Sigla,  iL  244,  a. 
Sigma,  iL  157,  b. 
Signa,  L  380,  b. 

„      militaria,  ii.  672,  a. 
Signifer,  i.  800,  b ;  iL  672,  b. 
Signinum  opus,  ii.  397,  b. 
Signum,  L  807,  b. 
Silatum,  L  394>  b. 
Silentiarii,  ii.  479,  b. 
Silentium,  i.  251,  b. 
Silia  lex,  L  16,  a ;  ii.  54,  a. 
Silicarii,  L  156,  b. 
Silicemium,  i.  893,  a. 
Siligo,  L  65,  b. 
Simila,  or  Similago,  L  66,  b. 
Siliqua,  ii.  455,  a ;  ii.  675,  b. 
SiWae,  iL  613,  a. 
Simpulum,  or  SimpnTium,   it. 

675,  b. 
Sindon,  ii.  945,  b. 
I  Singulares,  i.  803,  b. 


LATIN  INDEX. 


1053 


Sinuiy  ii.  847,  a. 
Sipariam,  ii.  821,  b. 
Siparnm,  ii.  224,  a. 
Siriufl,  i.  221,  b ;  i.  229,  b. 
Sistram,  ii.  676,  a. 
Sitella,  ii.  679,  a. 
Siticines,  i.  891,  a  ;  ii.  901,  a. 
Situla,  ii.  679,  a. 
Sobrina,  i.  469,  a. 
Sobrioua,  i.  469,  a. 
Soccnlua,  ii.  679,  b. 
Soccus,  ii.  679,  b. 
Sooer,  i.  42,  b. 

„      mag^ius  i.  42,  b. 
Societas,  ii.  680,  a ;  ii.  979,  a. 
Socii,  i.  786,  a;  i.  868,  b;  ii. 

681,  a. 
Socio,  actio  pro,  ii.  680,  a. 
Socias,  ii.  681,  a. 
Socrns,  i.  42,  b. 

„       magna,  i.  42,  b. 
Sodales,  i.  470,  a. 

„      Augustales,  i.  258,  a. 
„      Titii,  ii.  845,  b. 
Sodalitas,  iL  845,  b  ;  ii.  979,  a. 
Sodalitiom,  i.  100,  b ;  ii.  979,  a. 
Solarium,  i.  672,  b ;  i.  974,  b ; 

ii.  933,  a. 
Solea,  ii.  684,  b. 
Solidos,  ii.  687,  a. 
Solistimum,  i.  250,  b. 
Solitaurilia,  ii.  725,  b. 
Solium,  i.  273,  a;  ii.  838,  b. 
Stilrere  ex  area,  i.  161,  b. 
Solum,  i.  685,  b. 
Solntio,  ii.  258,  b. 
Sonipes  ales,  i.  218,  b. 
Sophroniitae,  i.  928,  b. 
Sordidati,  ii.  849,  b. 
Soror,  i.  469,  a. 
Sortes,  ii.  292,  b ;  ii.  687,  a. 

„      conyiyialefl,  ii.  799,  b. 
Sortilogi,  ii.  687,  b. 
Spadones,  i.  900,  a  ;  ii.  44,  b. 
Sparsioaes,  ii.  799,  b. 
SparuB,  i.  936,  b. 
Spatha,  ii.  765,  a. 
Spatium,  i.  435,  b. 

„         legitimum,  ii.  655,  b. 
Specificatio,  -or,  i.  528,  a. 
Specillnm,  i.  414,  b. 
Spectabiles,  i.  992,  a. 
Spectio,  i.  252,  a. 
Specularia,  i.  686,  b ;  i.  977,  b. 
Specularis  lapis,  i.  686,  b ;    i. 

977,  b. 
Speculatores,  i.  802,  a. 
Speculum,  ii.  688,  a. 
Specns,  i.  153,  b. 
Sphaeristerium,   i.   283,   a;    i. 

928,  b. 
Spiculum,  i.  934,  b ;  i.  936,  b. 
Spina,  i.  430,  b. 
Spira,  ii.  690,  b. 
Spirula,  ii.  690,  i>. 
Spolia,  ii.  691,  a. 
Spoliarium,  i.  274,  b. 
Sponda,  ii.  18,  b. 
Spondeo,  ii.  256,  b. 
Spongia,  ii.  692,  a. 
Sponsa,  ii.  139,  b. 
Sponsalia,  ii.  139,  b. 


Sponsio,  i.  1014,  b;  ii.  959,  b. 
Sponsor,  i.  1014,  b. 
Sponsus,  ii.  140,  a. 
Sporta,  i.  541,  a. 
Sportnla,  ii.  692,  a. 
Stabnlarius,  ii.  539,  a. 
Stadium,  ii.  162,  b;  ii.  693,  a. 
Stalagroia,  i.  1002,  a. 
Stamen,  ii.  765,  a. 
Stannum,  ii.  167,  b. 
SUter,  ii.  695,  a. 
SUtera,  ii.  696,  a. 
Stoti  dies,  i.  636,  b. 
Stationes,  i.  377,  a ;  ii.  696,  b. 
„         fisci,  ii.  696,  b. 
„        municipiorum,i.921,a. 
Statirae  feriae,  i.  837,  a. 
Sutor,  i.  794,  b. 
SUtores,  i.  794,  b. 
SUtu  liber,  ii.  123,  b. 
Statua  laureata,  ii.  898,  b. 

„      triomphaiis,  ii.  898,  b. 
Statuaria  an,  ii.  696,  b. 
Statnmen,  ii.  951,  a. 
Stela,  ii.  712,  a. 
Stellae  Parrhasides,  i.  216,  b. 

„       errantes,  ii.  432,  a. 
Sterculinii  serritus,  ii.  653,  a. 
Sterooratio,  i.  61,  a. 
Stercntins,  i.  61,  a. 
Sterquilinium,  i.  61,  a. 
Stesichorus,  ii.  760,  a. 
Stibadium,  ii.  157,  b. 
Stillicidii  serritus,  ii.  653,  a. 
Stillicidium,  ii.  653,  a. 
Stilus,  ii.  390,  a  ;  ii.  713,  b. 
Stipendiaria,  ii.  475,  b. 
Stipendiarii,  ii.  714,  a. 
Stipendium,  ii.  714,  b. 
Stipes,  ii.  324,  a. 
Stipulatio,  ii.  !256,  a. 
Stipulator,  ii.  256,  b. 
Stiva,!.  159,  b;  i.  160,  a. 
Stola,  ii.  716,  b. 
Stragulum,  ii.  19,  a. 
Stratores,  i.  804,  a. 
Strenae,  ii.  720,  a. 
Striae,  i.  490,  b. 
Striga,  i.  381,  b. 
Strigil,  i.  278,  a ;  i.  279,  a. 
Strophium,  ii.  720,  b. 
Structor,  i.  896,  b. 
Studiosi  juris,  i.  212,  a. 
Stultorum  feriae,  i.  873,  a. 
Stuprum,  i.  29,  b ;  i.  526,  a ;  i. 

1004,  b. 
Stylus,  ii.  713,  b. 
Suasor,  i.  246,  a. 
Subligaculum,    i.   919,   b;    ii. 

721,  a. 
Sublimissimi,  i.  992,  a. 
Subrogare  legem,  ii.  33,  a. 
Subruncivi,  i.  85,  a. 
Subscriptio,  i.  531,  b. 

„  censoria,  i.  401,  a ; 

i.  1007,  a. 
Subsecira,  i.  54>  b ;  i.  87,  a. 
Subsellium,  ii.  619,  b ;  ii.  873,  a. 
Subserica,  ii.  650,  a. 
Subsignanus,  i.  807,  b. 
Subsortitio,  L  1028,  b. 
Substitutio,  i.  950,  b. 


Substitutio  pupillaris,  i.  950,  b. 
Subtegmen,  ii.  770,  a. 
Subtemen,  ii.  765,  a. 
Subucula,  ii.  905,  b. 
Successio,  ii.  721,  b. 
Successor,  ii.  723,  a. 
Succinct  us,  i.  427,  b. 
Succolare,  ii.  14,  b. 
Sucula,  ii.  853,  a. 
Sudarium,  ii.  723,  a. 
Sudatio  concamerata,  i.  272,  a. 
Sudatorium,  i.  277,  b. 
Sutfibulum,  ii.  943,  a. 
Suffitio,  i.  893,  b. 
Sufflamen,  ii.  723,  b. 
Suffragia  sex,  i.  754,  a. 
Suffragium,  ii.  751,  a. 
Suggestus,  -nm,  i.   112,  b ;  ii 

723,  b. 
Sui  heredes,  i.  949,  b. 
Sulci,  ii.  951,  b. 
Sulcus,  i.  69,  b ;  i.  70,  a. 
Sulpicia  Sempronia  lex,  ii.  54,  bw 
Sulpiciae  l^^ges,  ii.  54,  a. 
Sulpnrata  ramenta,  i.  991,  b. 
Sumptuariae  leges,  ii.  723,  b. 
Snoyetaurilia,    ii.   102,   b :    ii. 

582,  b ;  ii.  725,  b. 
Supercilium,  i.  987,  a. 
Superficiarius,  ii.  726,  b. 
Superficies,  ii.  726,  b. 
Supemumerarii,  i.  5,  a. 
Superstitio,  ii.  727,  b. 
Supparum,  ii.  224,  a ;  iL  729,  b ; 

ii.  906,  a. 
Supparus,  ii.  729,  b. 
Supplicatio,  ii.  729,  b. 
Suppositicii,  i.  918,  b. 
Suprema,  sc.  tempestas,  i.  635,b. 
Surdus,  ii.  801,  a. 
Susceptores,  i.  402,  b. 
Suspensura,  i.  278,  b. 
Sjmphoniaci,  ii.  739,  a. 
Symposium,  ii.  740,  a. 
Syndicus,  ii.  743,  b. 
Sjngrapha,  i.  411,  a. 
Synthesis,  ii.  600,  a  ;  ii.  748,  a. 
Syrinx,  ii.  748,  a. 
Syssitia,  ii.  749,  a. 


T. 


Tabella,  i.  642,  b ;  ii.  751,  a. 
Tabellariae  leges,  ii.  751,  b. 
Tabellarius,  ii.  752,  a. 
Tabellio,  ii.  752,  a. 
Taberna,  i.  46,  a ;  i.  387,  b ;  i. 
679,  b ;  ii.  752,  a. 

„       derersoria,  i.  387,  b. 
Tabemacularius,  ii.  752,  b. 
Tabemaculum,  ii.  752,  a. 
Tablinum,  i.  670,  b. 
Tabula  lusoria,  ii.  752,  b. 
Tabulae,  i.  182,  a  ;  ii.  753,  a. 

„       censoriae,  i.  400,  b ;  ii. 
754,  b. 

„        novae,  ii.  754,  a. 

„        publicae,  i.   12,  b ;  i. 
13,  a ;  ii.  754,  b. 


1064 

Tabulae  votirae,  i.  688,  a. 

Tabu  lam,  adesse  ad,  i.  245,  b. 

Tabularii,  i.  803,  a ;  u.  754,  b. 

Tabnlarium,  i.  12,  b;  ii.  754,  b. 

Tabulata,  i.  666,  b ;  ii.  850,  b. 

Tabalinum,  i.  380,  b. 

Taeda,  ii.  755,  b. 

Taenia,  ii.  975,  a. 

Talaria,  i.  864,  b ;  ii.  758,  a. 

TalaroB,  i.  330,  b. 

TalariuB,  ii.  144,  a. 

Talassio,  ii.  144,  a. 

Talea,  ii.  263,  b. 

Talentum,  ii.  440,  a  ;  ii.  758,  a. 

Talio,  ii.  758,  b. 

Talus,  i.  864,  b ;  ii.  759,  a. 

Tapete,  ii.  761,  b. 

Tarpeia  Aternia  lex,  i.  31,  b; 

ii.  36,  b. 
Tauria,  it  762,  b. 
Taurii  ludi,  ii.  93,  b. 
Taurobolia,  ii.  577,  a ;  ii.  762,  b. 
Tanrns,  i.  219,  a.  \ 

Tectores,  i.  156,  b. 
Tectoriani  opus,  ii.  346,  a.  \ 
Tegnla,  i.  849,  a;  ii.  763,  b. 
Tela,  ii.  764,  b. 
Telamones,  i.  243,  b. 
Temetum,  ii.  962,  b. 
Temo,  i.  159,  b ;  i.  578,  b. 
Templum,  i.  251,  a ;  ii.  566,  a ; 

ii.  772,  b. 
Temporalis  actio,  ii.  481,  a. 
Temporis  praescriptio,  ii.  481,  a. 
Tensae,  ii.  823,  b. 
Tentipellium,  i.  872,  b. 
Tentorium,  ii.  752,  a. 
Tepidarium,  i.  272,  b;  i.  276,  a. 
Terebra,  ii.  793,  a. 
Terentilia  lex,  ii.  54,  b. 
Terentini  ludi,  ii.  92,  a. 
Terminalia,  ii.  793,  b. 
Termini,  i.  91,  a ;  i.  953,  b. 
Terra  cariosa,  i.  60,  b. 

„      restibilis,  i.  71,  b. 
Territorium,  ii.  878,  b. 
Tertiare,  i.  60,  b. 
TeruDcius,  ii.  56,  b. 
Tescum,  i.  251,  a. 
Tessella,  ii.  397,  b ;  ii.  799,  a. 
Tessera,  ii.  397,  b ;  ii.  799,  a. 
*       ,,       nummaria,  or  fruuien- 

taria,  i.  878,  b. 
TesseracoQteres,  ii.  800,  a. 
Tesserarii,  i.  801,  b. 
Tesserula,  ii.  799,  a. 
Testa,  i.  842,  a  ;  ii.  763,  b. 
Testamentariae  lej^es,  ii.  54,  b. 
Testamentifactio,  ii.  801,  a. 
Testamentum,  ii.  800,  b. 
Testator,  ii.  801,  a. 
Testis,  ii.  805,  a. 
Testudo,  ii.  807,  b. 
Tetraphori,  ii.  379,  h. 
Tetrarcba,  ii.  808,  b. 
Tetrarches,  ii.  808,  h. 
Textores,  ii.  770,  b. 
Textrices,  ii.  770,  b. 
Textrinum,  ii.  771,  a. 
Thalassites,  ii.  967,  b. 
Thargelia,  ii.  809,  b. 
Theatridium,  i.  282,  b. 


LATIN  INDEX. 

Tbeatrum,  ii.  811,  b. 
Thensae,  ii.  823,  b. 
Theodosianus  codex,  i.  467,  a. 
Thermae,  i.  266,  b. 
Thermopolium,   i.    336,   a ;    i. 

388,  a. 
Thesauri,  ii.  779,  a. 
Thesmophoria,  ii.  829,  a. 
Thorax,  ii.  77,  b. 
Thoria  lex,  ii.  54,  b. 
Thraces,  i.  918,  b. 
Threcea,  i.  918,  b. 
Tbronus,  ii.  837,  a. 
Thymelici,  ii.  814,  b. 
Thyrsus,  ii.  839,  a. 
Tiara,  ii.  839,  b. 
Tiberinalia,  ii.  469,  b. 
Tibia,  ii.  840,  a. 
Tibicen,  ii.  841,  b. 
Tigni  immittendi  serritus,   ii. 

653,  a. 
TigDo  juncto,  actio  de,  i.  897,  a. 
Tintinnabulum,  ii.  844,  b. 
Tirocinium,  ii.  848,  b. 
Titia  lex,  ii.  55,  a. 
Titienses,  ii.  878,  a. 
Tities,  ii.  845,  b ;  ii.  878,  a. 
Titii  Sodales,  ii.  845,  b. 
Titnlus,  i.  380,  a ;  i.  992,  b ;  ii. 

59,  a ;  ii.  984,  a. 
Tocuiliones,  i.  832,  a. 
Toga,  ii.  845,  b. 

„      Candida,  ii.  849,  a. 

„     laxa,  ii.  848,  a. 

„     picta,  ii.  849,  b. 

„     praetexta,  ii.  849,  a. 

„      puUa,  ii.  849,  b. 

„     pura,  ii.  849,  a. 

„      purpurea,  ii.  849,  b. 

„      virilis,    i.    1001,   a ;    ii. 
849,  a. 
Togata  fabula,  i.  522,  a. 
Togatus,  ii.  322,  a ;  ii.  683,  a. 
Tomentnm,  ii.  18,  b. 
Topiaria  ars,  i.  977,  a. 
To}uarius,  i.  977,  a. 
Toralia,  ii.  762,  a. 
Torcular,  ii.  850,  a. 
Torcularium,  ii.  850,  b. 
Torculnm,  ii.  850,  a. 
Tormentum,     ii.    851,    a ;     ii. 

853,  a. 
Torques,  ii.  857,  a. 
Torquis,  ii.  857,  a. 
Torus,  i.  891,  b ;  ii.  18,  b. 
Toxicum,  ii.  587,  b. 
Trabea,  ii.  550,  a ;  ii.  849,  b. 
Trabeata  fabula,  i.  522,  a. 
Traditio,  i.  653,  b. 
Tragoedia,  ii.  858,  a. 

„        crepidata,  i.  423,  b; 

i.  56.3,  a. 
Tragula,  i.  937,  a ;  ii.  546,  a. 
Tragum,  ii.  546,  a. 
Traha,i.  64,  a;  ii.  870,  a. 
Trahea,  i.  64,  a ;  ii.  870,  a. 
Trama,  ii.  765,  a. 
Tramoserica,  ii.  650,  a. 
Transenna,  ii.  867,  a. 
Transfuga,  i.  618,  b. 
Transvectio  equitnm,  i.  755,  b. 
Trapetum,  ii.  867,  b. 


♦♦ 


n 


n 


n 


n 


» 


»» 


»» 


n 


n 


Trebonia  lex,  ii.  55,  a. 
Tresriri,  ii.  868,  b. 

„         agro    diTidnndOy    ii. 
869,  a. 
capiUles,  ii.  868,  b^ 
coloniae    dedncendae, 

ii.  869,  a. 
epnlones,  i.  753,  K 
equitum    tarmas    re- 
cognosoendi,  or   le- 
gendis  equitnm  de- 
curiis,  iL  869,  a. 
mensarii,  L  181,  a. 
monetales,  ii.  178,  a. 
noctnmi,  ii.  868,  b. 
reficiendis  aediboa,  iu 

869,  a. 
reipublicae    oonstita- 

endae,  ii.  869,  a. 
sacris        oonqnireadM 
donisqne  penignaa- 
di^  ii.  869,  b. 
senatns     legendi,     ii. 
869,  b. 
Triarii,  i.  783,  a. 
Tribnla,  i.  64,  a. 
Tnbnles,  ii.  884,  b. 
Tribulum,  i.  64,  a ;  ii.  870,  a. 
Tnbnlus,  ii.  870,  a. 
Tribunal,  i.  380,  b;  iL  87*),  a. 
Tribuni  aerarii,   i.   40,   b;    ii. 
871,  a. 
cohortium,  i.  797,  a. 
militum,  i.  797,  aj    ii. 

870,  b.  ^"^^ 

militum  consulari   po- 

testate,  ii.  871,  b. 
plebis,  iL  872,  a. 
Tribnnicia  lex,  ii  55,  a. 

„         potestas,  ii.  873,  b. 
Tribunns,  ii.  870,  b. 

„        celernm,   ii.  553,  b; 
ii.  870,  b. 
Tribus  (Greek),  ii.  875,  a. 
„      (Roman),  ii.  877,  b. 
Tribnta  comitla,  i.  509,  a ;   ii. 

884,  a. 
Tributaria,  ii.  475,  b. 
Tributoria  actio,  ii.  661,  b. 
Tributum,  ii.  887,  a. 
Tricliniarcha,  ii.  888,  b. 
Triclinium,  ii.  887,  b. 

„  funebre,  i  894,  a. 

Tridens,  i.  897,  a. 
Triens,  i.  202,  b;  ii.  455,  a. 
Triga,  i.  579,  b. 
Triglyphu^  u.  892,  b. 
Trigon,  ii.  425,'a. 
Trilix,  ii.  767,  a. 
Trimestris  faba,  i.  68,  a. 
Trinepos,  L  469,  a. 
Trineptis,  i.  469,  a. 
Trinum  nundinum,  ii.  252,  a. 
Trinundinns,  ii.  252,  a. 
Triplicatio,  i.  20,  a. 
Tripos,  ii.  892,  b. 
Tripudium,  i.  250,  b. 
Triremes,  ii.  214,  a. 
Tritavia,  i.  409,  a. 
Tritarus,  i.  469,  a. 
Triticum,  i.  65,  a. 

spelta,  i.  65,  b. 


n 


n 


i» 


w 


»f 


LATIN  INDEX, 


1055 


9> 

n 


Triticum  trimesire,  i.  65,  b. 
Tritara,  L  64,  a. 
Triutnphalia    oruamenU,   ii. 

898,  a. 
Triumphalis  corona,  i.  548,  b. 
domos,  ii.  897,  b. 
statna,  ii.  898,  b. 
Testis,  ii.  897,  b. 
Triumphos,  ii.  894,  a. 

„  castrensis,  ii.  898,  a. 

„         navalis,  ii.  898,  a. 
Trochns,  ii.  899,  a. 
Trojae  Indus,  ii.  899,  a. 
Tropaeum,  ii.  900,  a. 
Trossnli,  i.  755,  a. 
Trua,  ii.  901,  a. 
Trnlla,  ii.  90],  a. 
Trulleum,  ii.  364,  a. 
TVttUiasatio,  ii.  346,  a. 
Trnncus,  ii.  263,  b. 
Trutina,  ii.  696,  b. 

„       campana,  ii.  696,  a. 
Tuba,  ii.  901,  a. 
Tubicenr  i.  35,  b. 
Tabilustrinm,  ii.  536,  a. 
Tubtts,  tubulus,  i.  862,  a ;  ii. 

763,  b. 
Tudicula,  ii.  868,  a. 
Toguriam,  ii.  902,  a. 
Tnllia  lex  de  arabita,  i.  100,  b. 
TulliaDttm,  i.  363,  a. 
Tumaltuarii,  i.  805,  b. 
Tamaltus,  i.  805,  b. 
Tnnica,  ii.  902,  b. 

„      palniata,  ii.  849,  b. 
„      recta,    ii.     142,   b;     ii. 
769,  a ;  ii.  906,  a. 
Tnnicati,  ii.  905,  b. 
Turbo,  ii.  906,  b. 
Turibulum,  ii.  907,  a. 
Turma,  i.  754,  a ;  i.  787,  a. 
Tnrricula,  i.  877,  a. 
Turris,  ii.  907,  b. 
Tutela,  ii.  909,  a. 
Tutelae  actio,  ii.  911,  b. 
Tutor,  ii.  909,  a. 
Tntnlus,  i.  866,  a. 
Tympanistriae,  ii.  914,  a. 
Tympanum,  i.  129,  a  ;  i.  829,  b ; 
ii.  433,  b ;  ii.  914,  a. 


U,  V. 

Vacantia  bona,  i.  305,  a. 
Vacatio  militiae,  ii.  917,  b. 
Vadari  reum,  i.  17,  b. 
Vades  dare,  i.  14,  b ;  i.  17,  b. 
Vadimonium,  Vas,  i.  17,  b ;  ii. 

479,  b. 
Vagina,  i.  919,  b. 
Valeriae  leges,  ii.  55,  b. 

„        et   Horatiae  leges,  ii. 

55,  b;  ii.  532,  b. 
Valeria  lex,  ii.  504,  a. 
Valetndinarium,  i.  380,  b;  ii. 

917,  b. 
Vallaris  corona,  i.  548,  b. 
Vallis  Murcia,  i.  430,  a. 


Vallum,  i.  44,  a;  i.  380,  a;  ii. 

918,  a. 
Vallus,  ii.  918,  b. 
Valra,  i.  988,  b. 
Vannus,  ii.  919,  a. 
Vappa,  ii.  966,  a. 
Vari,  ii.  545,  b. 
Varia  lex,  ii.  114,  b. 
Vas,  ii.  479,  b ;  ii.  919,  b. 
Vasarium,  ii.  589,  a. 
Vatillnm,  i.  294,  b. 
Vatinia  lex,  ii.  56,  a. 
Udo,  ii.  932,  b. 
Vectigal    rerum    Tenalium,    i. 

404  b. 
Vectigalia,  ii.  932,  b. 

„        templorum,  ii.  934,  b. 
Vectigalis    ager,    L   51,   a;    i. 

730,  b. 
Velarium,  i.  110,  a;  ii.  821,  b. 
Velati,  i.  5,  b. 
Velites,  i.  784,  b ;  i.  918,  b. 
Velleianum    &enatusc<»nsnltum, 

ii.  642,  a. 
Velum,  ii.  217,  b  ;  ii.  821,  a. 
Venabulnm,  ii.  938,  b. 
Venaliciarii,  ii.  664,  b. 
Venatio,  ii.  936,  b. 
Venditio,  i.  731,  b. 
Venefica,  ii.  939,  b. 
Veneficium,  ii.  939,  a. 
Veneficus,  ii.  939,  b. 
Venereus  jactus,  ii.  759,  b. 
Venter,  i.  154,  a. 
Ventilabrum,  ii.  312,  a. 
Ventilatio,  i.  64,  b. 
Venus,  ii.  759,  b. 
Ver    sacrum,    ii.    583,   a ;    ii. 

939,  b. 
Verbena,  ii.  588,  a ;  ii.  720,  a. 
Verbenarius,  i.  840,  a ;  ii.  588,  a. 
Vergiliae,  i.  219,  a. 
Vergillarum  sidus,  i.  219,  a. 
Vema,  ii.  662,  b. 
Verriculum,  ii.  546,  a. 
Verso,  actio  in  rem,  ii.  661,  b. 
Versura,  i.  61,  a;  i.  835,  a. 
Versus,  i.  61,  a ;  ii.  163,  b. 
„       quadratus,  i.  57,  b. 
Verticillus,  i.  898,  a;  ii.  906, b. 
Veru,  i.  936,  b. 
Vervactor,  i.  60,  b. 
Verractum,  i.  60,  b. 
Verutum,  i.  936,  b. 
Vespae,  i.  892,  a. 
Vespillones,  i.  892,  a. 
VesUlia,  ii.  940,  b. 

„       maxima,  ii.  943,  b. 
Vestes  bombycinae,  ii.  649,  b. 

„      Coae,  ii.  649,  b. 

„      Scricae,  ii.  649,  b. 
Vestibulum,  i.  668,  b. 
Vesticeps,  i.  1001,  a. 
Vestis,  ii.  944,  a. 

„      cenatoria,  i.  396,  a;   ii. 
748,  a. 

„      triumphalis,  ii.  897,  b. 
Veteranus,  i.  792,  b. 
Veteratores,  ii.  665,  a. 
Veteretum,  i.  68,  a. 
Veterinarium,  i.  380,  b. 
Vexillarii,  i.  792,  b. 


Vexillum,  i.  792,  b;  ii.  672,  a. 
Via  glareata,  ii.  950,  b. 
„    munita,  ii.  950,  b. 
„    privata,  ii.  947,  a. 
„    publi<-a,  ii.  946,  b. 
„    sagularii>,  i.  380,  a. 
„    terrena,  ii.  950,  b. 
Viae,  ii.  946,  b. 
„     servitus,  ii.  653,  b. 
„     vicinariae,  or  vicinales,  i. 
380,  a ;  ii.  947,  a. 
Viaria  lex,  ii.  56,  a ;  ii.  948,  b. 
Viaticum,  ii.  954,  a. 
Viator,  ii.  954,  a. 
Vicarii  servi,  ii.  666,  a. 
Vicesima,  ii.  954,  b. 

„        hereditatum  et  lega* 
tornm,  i.  38,  a ;  ii. 
954,  b. 
„         libertatis,  ii.  954,  b. 
Vicesimaria  lex,  ii.  954,  b. 
Vicesimatio,  i.  602,  a. 
Vicia,  i.  70,  a. 
Vico  magistri,  ii.  955,  a. 
Victima,  ii.  586,  b. 
Vicus,  ii.  955,  a. 
Victoriatus,  i.  206,  a ;  ii.  954,  b. 
Vigiles,  L  794,  b. 
Vigiliae,  i.  377,  a. 
Vigintisexviri,  ii.  955,  b. 
Vigintiriri,  ii.  955,  b. 
Vilica,  i.  59,  a. 
Viiicus,  ii.  957,  b. 

„       ex  horreis,  i.  976,  a. 
Villa,  i.  884,  b ;  ii.  956,  a. 
„     fructuaria,  i.  58,  b;   ii. 

956,  a. 
„      publica,  i.  399,  b. 
„      rustica,  i.  58,  a  ;  ii.  956,  a. 
„      urbana,     i.    58,    b;     ii. 
956,  a. 
Villia  annalis  lex,  ii.  36,  a. 
Villicus,  i.  59,  a ;  i.  156,  b  ;  ii. 
957,  b. 
„       amphitheatri,  i.  113,  a. 
Vinalia,  ii.  957,  b. 
Vindemialis  feria,  i.  839,  a. 
V^index,  i.  14,  b ;  ii.  125,  a. 
Vindicatio,  i.  14,  b ;  ii.  957,  b. 
„         in   ingenuitatem,   ii. 

958,  a. 
„         in     libertatem,     ii.  • 

958,  a. 
„         in    senritutem,    ii. 

958,  a. 
„         per   formulam   peti- 
toriam,  ii.  959,  b. 
n      '  per    sponsionem,    ii. 
959,  b. 
Vindiciae,  ii.  959,  a. 
Vindicta,  ii.  122,  b ;  ii.  961,  a. 
Vinea,  ii.  962,  a. 
Vinum,  ii.  962,  a. 
Violatio,  i.  894,  a. 
Virgae,  i.  826,  a. 
Virgines  Vestales,  ii.  940,  a. 
Virgo,  i.  219,  b. 
„      Ves talis    Maxima,    ii. 
943,  a. 
Viridarium,  i.  977,  b. 
Virilis  pars,  ii.  359,  a. 

„      toga,  i.  1001,  a ;  ii.  849,a. 


1056 

Vifl,  ii.  971,  a. 

„     priyaU,  ii.  971,  b. 

„    publica,  iL  971,  b. 

„     et  vis  armata,  ii.  972,  a. 
Visceratio,  i.  893,  b. 
ViMllia  lex,  i.  133,  a. 
Vitelliani,  ii.  754,  a. 
Vitiom,  i.  252,  a. 
Vitrearii,  ii.  973,  b. 
Vitricus,  i.  43,  a. 
Yitriim,  ii.  972,  a. 
Vitta,  Vittae,  ii.  975,  a. 
Vittata  sacerdoB,  ii.  975,  b. 
Viyaria,  i.  80,  b. 
Uliginosus  campus,  i.  60,  b. 
Ulna,  ii.  976,  a. 
Ulpiani     pneri    pnellaeqne,    i. 

97,  b. 
Ultrotributa,  i.  402,  b. 
Umbella,  ii.  976,  a. 
Umbiliciis,  ii.  59,  a. 
Umbo,  ii.  847,  b ;  ii.  951.  a. 
Umbracalum,  ii.  976,  a. 
Uncia,  i.  202,  b ;  ii.  455,  a. 
Unciamm  ftnos,  i.  835,  b. 
Unctores,  i.  98,  b. 
Unctorium,  i.  276,  b. 
Unctuarium,  i.  98,  b ;  i.  273,  b. 
Unguentnm,  ii.  97B,  b. 
Unguentaria,  ii.  977,  b. 


LATIN  INDEX. 

Ungnentariae,  ii.  977,  b. 
Ungnentarii,  ii.  977,  b. 
UniTersitas,  ii.  977,  b. 
Uniyeniim,  ii  723,  a. 
Vocatio  in  jaa,  i.  15,  a. 
Vooonia  lex,  ii.  56,  a ;  ii.  980,  b. 
Yolcanalia,  ii.  981,  b. 
Volgares,  ii.  666,  a. 
Volsellae,  ii.  981,  b. 
Volncris,  i.  218,  a. 
Volnmen,  ii.  59,  a. 
Volntae,  i.  939,  a. 
Yomitoria,  i.  110,  b. 
Vota  pnblica,  ii.  981,  b. 
Votornm  nunco patio,  ii.  982,  a. 
Uroeolus,  i.  192,  b;  ii.  982,  a. 
Urceus,  ii.  982,  a. 
Unia,ii.  530,  b;  ii.679,  b. 
Urpex,  i.  1023,  b. 
Ursa  major,  i.  216,  a. 

„     minor,  i.  216,  b. 

„    Moenalis,  i.  216,  b. 
Ustrina,  i.  893,  a. 
Ustrinum,  i.  893,  a. 
Usncapio,  ii.  982,  b. 
Usafrnctuarins,  ii.  988,  a, 
Usorae,  i.  835,  a. 
Usnreceptio,  ii.  984,  b. 
Ustirpatio,  ii.  987,  b. 
Ubu8,u.  988,  a;  ii.  989,  b. 


Usns  anctoritas,  ii.  983,  b. 
Ususirnctus,  ii.  988,  a. 
Uterini,  L  468,  b. 
Uti  possidetis,  i.  1020,  a. 
Utilis  actio,  i.  21,  b. 
Utres,  ii  965,  a. 
Utrabi,  i  1020,  a. 
Uxor,  ii  138,  b. 
Uxorium,  i.  41,  a. 


X. 

Xystarchns,  i.  241,  b. 
Xystici,  i  239,  a. 
Xjstns,  i  927,  a ;  i.  976,  b ;  ii. 
956,  b. 


Z. 


Zona,  i'427,  a. 

Zophoms,  i.  490,  a ;  ii.  992,  b. 

Zotheca,  -nla,  i.  671,  b. 


(     1057     ) 


ENGLISH  INDEX. 


A. 

Account-books,  i.  465,  a. 
Acton  (Greek),  i.  965,  b. 

„      (Roman),  i.  967,  b. 
Adjutant,  i.  543,  b. 
Admiral,  ii.  206,  a. 
Adoption  (Greek),  i.  25,  b. 

„ .       (Roman),  i.  26,  a. 
Adultery,  i.  29,  a. 
Advocate,     ii.    743,    b ;     ii. 

744,  b. 
Adae,  i.  208,  b. 
Agent,  i.  20,  b;  u.  496,  h. 
Agrarian  laws,  i.  49,  b. 
Agriculture,  i.  55,  a. 
Ale,  i.  407,  a. 
Aliens,  resident,  ii.  168,  b. 
Allies,  ii.  681,  a. 
Altar,  i.  157,  a  ;  i.  222,  b. 
Ambaissadors,  ii.  23,  a. 
Amber,  i.  f  14,  a.   s«» 
Amnesty,  i.  102,  a. 
Amphitheatre,  i.  106,  b. 
Amulets,  i.  118,  a.  .   - 
Anchor,  ii.  218,  a. 
Anklets^  ii.  373,  a.-- 
Annexe,  ii.  §68,  a. 
Anvil,  i.  1005,  b. 
Appeal,  i.  144,  a. 
Apron,  ii.  67,  b ;  ii.  721,  a. 
Aqueduct,  i.  146,  b. 
Arbitrator,  i.  620,  b. 
Arch,  i.  171,  a ;  i.  873,  b. 
Archer,  the,  i.  220,  b. 
Archers,  ii.  588,  a. 
Architecture,  i.  163,  b. 
Archives,  ii.  754,  b. 
Arena,  i.  113,  a. 
Ariatocracy,  i.  187,  a. 
Arithmetic,  i.  187,  b. 
Armour,  i.  189,  b. 
Armoury,  i.  190,  b. 
Anns,  i.  189,  b. 
Army  (Greek^  i.  766,  b. 
,    „     (Roman),  i.  781,  a. 
Arrest,  i.  133,  b. 
Arrow,  the,  i.  218,  b. 
Arrows,  ii.  587,  a. 
Arson,  i.  1002,  b. 
Artillery,  ii.  853,  a. 
Artisans,  i.  194,  b. 
Assemblies  and  Councils(Greek), 

i.    44,    b;     i.    102,     b;     i. 

175,  a;  i.  197,  b;  i.  309,  a; 

i.    697,    b;     i.    703,   a;     i. 

912,  a ;  ii.  201,  b ;  ii.  333,  b  ; 

ii.  334,  a. 
VOL.  II. 


Assemblies  and  Councils  (Ro- 
man),!. 503,  a;  i.   524,  b; 
L529,  b;i.  538,a;i.540,b; 
i.  576,b;  i.  1036,b. 
Astrology,  i.  212,  b. 
Astronomy,  i.  214,  a. 
.Athletes,  i.  237,  a. 
Attorney,  i.  20,  b ;  ii.  496,  b. 
Auction  (sale),  i.  245,  b. 
Aogur,  Auguries,  i.  248,  a. 
Autonomy,  i.  263,  a. 
'-Axe,  ii.  616,  a. 
"o.-Vxle,  i.  578,  a. 


B. 


Badge,  i.  1011,  a. 

Bag,  ii.  568,  a. 

Bagpipe,  ii.  739,  a. 

Bail  (Greek),  i.  736,  a. 
I     „     (Roman),  i.  14,  b. 
I  Baize,  i.  901,  a. 
|>J}akers,  ii.  430,  a. 
'  Balance,  the,  i.  220,  n. 
I  Balcony,  ii.  109,  b. 
,  Baldric,  i.  284,  a. 

Ball,  game  at,  i.  869,  b;    ii. 
421,  b. 

Ballot,  ii.  751,  b. 

Bangles,  ii.  373,  a:  — 

Bankers,  i.  179,  b. 

Bankrupts,  w  602,  b. 

Banishment  (Greek),  i.  816,  b. 
„  (Roman),  i.  819,  b. 

* '  Barrel,  i.  573,  b. 
>  Basin,  i.  410,  b ;  ii.  364,  n. 
^Basket,  i.  38,  b;  i.  287,  a;  i. 
541,  a;  ii.  692,  a. 

Baths  (Greek),  i.  266,  b. 
„     (Roman),  i.  269,  a. 

Battering-ram,  i.  185,  b. 

Bear,  the  Great,  i.  216,  a. 
„    the    Lesser  or  Little,  i. 
216,  b. 

Bear-warden,  the,  L  217,  a. 

Beard,  i.  285,  a. 

Beds,  ii.  17,  a. 

Beer,  i.  407,  n. 

Beggars,  i.  93,  b. 
^Bell,  ii.  844,  b. 

Bellows,  i.  870,  a. 

Belt,  i.  284,  a ;  i.  427,  b. 

Berenice,    the     hair     of,    i. 
{       223,  a. 
(  Bit  (of  hones),  L  876,  b. 


Blacking,  i.  244,  a. 

Blanket,  ii.  71,  a. 
^Boat,  L  391,  a ;  i.  464,  b ;  i, 
590,  b;  ii.  30,  a;  ii.  223,  a. 

Bobbin,  ii.  765,  a. 

Boeotian  constitution,  i.  300,  a. 

Bond,  ii.  229,  a. 

Books,  ii.  57^  b. . 
^Bookseller,  ii.  59,  b.         -^^ 
« Bootlace,  i.  .552,  a.  ^ 

-Boots,  i.  557,  b;  i.  727,  a;  ii. 
373,  b. 

Booty,  ii.  691,  a. 

Boss,  i.  318,  b. 
i  Bottomry,  i.  833,  a. 
I  Bow,  i.  169,  b. 

Bowl,  i.  560,  b;  ii.  31,  a;  ii. 
252,  b ;  ii,  478,  b. 

Boxing,  ii.  524,  a. 

Bracelet,  i.  191,  bf> '" 

Brasier,  i.  868,  a. 

Breakfast,  i.  392,  b. 

Bribery  (Greek),  i.  599,  b. 
„       (Roman),  i.  100,  a. 

Bricks,  i.  848,  a;  ii.  8,  a;  Ii. 
182,  b. 

Bridge,  ii.  456,  b. 

Bridle,  i.  876,  a. 
>  Bronze,  i.  38,  b ;  ii.  697,  b. 

Brooch,  i.  840,  b.  "" 

Broom,  ii.  612,  b. 

Bucket,  ii.  679,  a. 

Bnll,  the,  i.  219,  a. 

Borglar,  i.  707,  a. 

Burial  (Greek),  i.  885,  a. 
„      (Roman),  i.  889,  b. 

Butter,  i.  319,  a. 


C. 


Cake,  ii.  151,  a. 

Calculation,  it  75,  b. 

Calendar  (Greek),  i.  336,  b. 
„        (RomanX  i-  340,  a. 

Caltrop,  ii.  870,  a. 

Calnmny,  i.  349,  a. 

Cameos,  ii.  606,  b. 

Camp,  i.  369,  a. 

„      breaking  up  of,  i.  378,  a, 
„      choice  of  ground  for,  k 

369,  b. 
„      construction  of,  i.  369,  .b 
„      of  Hyginns,  i.  378,  a. 
„      of  Polybius,  i.  370,  b. 

Camp-oath,  the,  i.  376,  a. 

3  T 


1058 


ENGLISH  INDEX. 


Campstoolf  ii.  619,  a.  ' 

Canal,  i.  350,  b. 
Candle,  i.  351,  b. 
Candlestick,  i.  352,  a. 
Canton,  iL  309,  b. 
Canvassing,  i.  100,  a. 
Cap,  L  135,  b;  i.  899,  b. 
Capital  (of  colnmns),  i.  490,  b. 
^  Carpets,  ii.  761,  b. 
Carrier,  i.  294,  a. 
-Cart,  ii.  433,  b;  ii.  597,  a. 
^Cask,  i.  573,  b. 
"  Casket,  ii.  70,  b;  ii.  530,  a. 
Casqae,  i.  898,  b. 
Castanets,  i.  564,  b. 
Catalogue,  i.  383,  a. 
Catapult,  ii.  853,  a. 
Ceilings,  i.  685,  b. 
Censer,  ii.  907,  a. 
Centaur,  the,  i.  222,  b. 
^Chain,  i.  385,  b. 
^Chairs,  ii.  618,  b. 
^Chandelier,].  882,  b. 
Chariot,  i.  577,  b ;  i,  760,  b. 
Charioteer,  the,  i.  218,  a. 
Chest,  L  160,  b. 
Chimneys,  i.  664^  a ;  i.  674,  b  ; 

i.  687,  a. 
Chronology,  i.  424,  b. 
Cipher,  ii.  243,  b. 
CircomTallation,  ii.  918,  b. 
Circui,  i.  430,  a. 
Citizenship  (Greek),  i.  441,  b. 

„  (Roman),  i.  448,  a.  j- 

Clarinet,  ii.  841,  a. 
Claws,  the,  i.  220,  a. 
Clerks  (Athenian),  i.  311,  a;  i. 
921,  b. 
„      (Roman),   i.   23,   a ;    ii. 
612,  b.    • 
"  Cloaks,   i.   3,  a ;    i.  97,  a ;   ii. 
2,  b;  ii.  308,  b ;  ii.  318,  a; 
ii.  322,  b ;  ii.  588,  b. 
'  Clocks,  i.  972,  b. 
Clogs,  ii.  613,  b. 
.  Clubs  (social),  i.  758,  a. 
Coffer,  i.  160,  b. 
Coffins,  i.  161,  a;  i.  887,  b ;  i. 

891,  b;  ii.  595,  b. 
^Coinage,  ii.  444,  b. 
Colander,  i.  488,  b.  '"' 
Collar,  i.  470,  a. 
Collector?,  ii.  733,  a. 
Colleges,  L  470,  a. 
Colony  (Greek),  i.  472,  b. 
„      (Roman),  i.  479,  a. 
Colours,  i.  484,  a. 
Column,  i^  489,  a. 
^  Combs,  ii.  360,  a. 
Comedy  (Greek),  i.  514,  a. 
„      (Roman),  i.  521,  b. 
Commanders    (military),    ii. 

717,  a;  ii.  763,  a. 
Commissioners,    i.    813,   a;    i. 
960,  b;  ii.  733,  b;  ii.  991,  b. 
Oompas.*,  i.  429,  b. 
Concubines,  i.  525,  n. 
Confederacies,  i.  868,  b. 
Conspiracy,  i.  313,  b. 
Constellations,  i.  214,  b. 
Conyeyance  (legal),  i;.  117,  a. 
'^  Cooks,  i.  694,  a. 


Copper,  i.  38,  b  ;  i.  409,  a. 
Cordage,  ii.  217,  b. 
Com,  ii.  676,  b. 

„    crops,  i.  65,  a. 

„    drag,  ii.  870,  a. 

„     laws,  i.  877,  a. 

„     merchants,  i.  880,  a. 

„     preservation  of,  i.  64,  b. 
Corporations,  ii.  978,  b. 
Corset,  ii.  720,  b. 
Cottage,  ii.  902,  a. 
Couches,  ii.  17,  a. 
Country-hou^e,  ii.  956,  a. 
Couriers,  i.  941,  b. 
Cowardice,  i.  212,  b. 
Cowl,  i.  571,  a. 
Crab,  the,  i.  219,  b. 
Cradle,  L  573,  a. 
Crane,  i.  552,  b. 
Cretan  cofistitution,  i.  553,  b.    - 
Crien,  ii.  474,  b. 
Crime,  i.  563,  a. 
Crook,  ii.  361,  b. 
Crops,  i.  65,  a. 
Cross,  i.  565,  a. 
Crossbow,  i.  169,  a. 
Crow,  the,  i.  222,  b. 
Crown,  i.  545,  a. 

„      the  Northern,  i.  217,  b. 
„       the  Southern,  i.  222,  b. 
Crucifixion,  i.  565,  b. 
Cubit,  ii.  162,  a. 
Cuirass,  ii.  77,  b. 
Cup,  the,  i.  222,  b. 
Cupboard,  i.  191,  a. 
Cups,  i.  559,  b;   i.  589,  b;  i. 

591,  b;  i.  617,  b;  i.  626,  a; 

ii.  614,  a. 
Curling-irons,  i.  874,  a. 
Curtain,  i.  259,  b. 
Cushion,  i.  407,  b ;  ii.  526,  a. 
Custom-duty,    ii.    366,   a;    ii. 

530,  b;  ii.  535,  b. 
Cymbal,  i.  590,  b. 


D. 


Daggers, ii.  525,  a;  ii.  671,  b. 
Damage,  i.  594,  b. 
Dance,  the  Pyrrhic,  ii.  527,  a. 
Dancing,  ii.  592,  b. 
Day,  i.  634,  b. 
Debts,  ii.  253,  n. 
Decrees,  i.  602,  b. 
Democracy,  i.  613,  a.< 
Demurrer,  ii.  480,  a. 
Depilatory,  ii.  519,  b. 
Depoflitory,  ii.  754,  b. 
Desertion,  i.  212,  b. 
Dice,  ii.  799,  a. 
Dice-box,  i.  877,  a. 
Dining-room,  ii.  887,  b. 
Dinner,  i.  392,  a ;  i.  395,  a. 
Dish,   i.  386,  b;    ii.   7,  a ;  ii. 
151,  a;  ii.  349,  b;  ii.  351,  a. 
Di-staff,  i.  897,  b. 
Dithyramb,  ii.  858,  a. . 
Divination,  i.  645,  n. 


Divorcic  (Greek),  i.  647,  a. 
„      (Roman),  i.  64^  a. 
Doctor,  ii.  153,  a. 
Doe,  the  Great,  i.  221,  b. 

„"   the  tittle,  i.  222,  «. 
Doles,  i.  528,  b  ;  i.  625,  a. 
Dolls,  u.  526,  a. 
Dolphin,  the,  i.  218,  b. 
Ddor,  i.  987,  a. 
Dovecote,  L  488,  b. 
Dowry  (Greek),  i.  691,  a. 

„      (Roman),  i.  693,  a. 
Drag,  i.  933,  h  ;  ii.  72;;,  b. 
Dragon,  the,  i.  21 7,  a. 
Drains,  i.  57,  a ;  i.  461,  b. 
Draughts,  game  of,  ii.  11,  a. 
Drawers,  ii.  721,  a. 
Dress,  ii  944,  a. 
Drinlnng'-hom,  ii.  565,  a. 
Drugs,  ii.  382,  b. 
Drum,  ii.  914;  a. 
Dry-docks,  ii.  206,  a. 
Dwarfs,  ii.  205,  a. 
Dynasty,  i.  905,  a. 


Eagle,  the,  i  218,  b. 
Ear-ring,  i.  1002,  a. 
Earthenware,    i.    &4I,    b :    it. 

919,  b. 
Edict",  i.  704,  b. 
Education  (Greek),  ii.  94,  a. 
„        (Roman),  ii.  96,  k 
Eleven,  the,  L  942,  a. 
Emblems,  i.  850,  b. 
Enchantment,  i.  827,  b. 
Engineers,  i.  821,  b. 
Engines,  it  107,  a ;  ii.  85S,  a. 
Engraving,  ii.  601,  b. 
Ensign,  i.  1011,  a. 
Ensigns,  military,  ii.  672;  a. 
Envov,  ii.  23,  a. 
Era,  i.  425,  b. 
Eviction,  i.  761,  a. 
Evil  eye,  i.  827,  b. 
Executioner,  i.  :)66,  a. 
Expiation,  ii.  730,  a. 


F. 

Familv,  i.  903,  a. 

Fan,  i,  863,  b. 

Farm,  ii.  956,  a. 

Felting,  ii.  426,  b. 

Fencefs  i.  57,  b. 

Fetters,  i.  523,  h. 

Figure-head,  i.  1011,  b. 

File,  ii,  67,  a. 

Fillet,  ii.  975,  a. 

Fines,  I  745,  b. 

Fire-place,  i.  868,  a. 

Firewood,  i.  5,  a. 

Fish,  the  Southern,  i.  223^  a. 


ENGLISH  INDEX. 


1059 


Fishes,  the,  i.  220,  b. 

Fishpond,  ii.  429,  b. 

Flesh-hook,  i.  933,  b. 

Floors  of  honses,  i.  685,  b. 
~  Flute,  ii.  840,  a. 

Foot  (measure   of  length),   ii. 
159,  b. 

Foot-race,  i.  581,  a. 

Fork,  i.  894,  a. 

FnrtiBcation,  ii.  918,  a. 

Foi  ntain,  i.  870,  b. 

Fow>r,  i.  245,  b. 

Freedman  (Greek),  ii.  61,  a. 
„        (Roman),  ii.  62,  b. 

Freeholders,  ii.  70,  b. 

Fresco,  ii.  390,  b. 

Frieze,  i.  901,  a. 

Fringe,  i.  859,  a. 

Frying-pan,  ii.  597,  b. 

Fuller,  i.  881,  a. 

Funerala  (Greek),  i.  885,  a. 
„         (Roman),  i.  889,  b. 
•  Furnace,  i.  279,  b ;  i.  873,  a. 


G. 


Gambler,  Gaming,  i.  96,  b. 
Games  (public),  ii.  84,  b. 

„      (amusements),  i.  36,  a; 

i.l37,  a;  i.558,b;  i.644,  b; 

i.695,a;  i.  928, b;  i.  929, a; 

iu  11,  a ;  ii.  171,  a ;  ii.  201,  b  ; 

ii.    247,   a ;    ii.   306,  a ;    ii. 

336,  b;  ii.421,b;  ii.  752,b; 

ii.   759,   a:    ii.   799,  a;    ii. 

899,  a ;  ii.  906,  b. 
Garden,  i.  976,  a. 
Gates  of  cities,  ii.  466,  b. 
Gem-engraring,  ii.  602,  a. 
Gems,  L  901,  b ;  ii.  602,  a. 
Gimlet,  ii.  793,  a. 
Girdle,  i.  407,  b  ;  i.  427,  h. 
Gladiators,  i.  916,  a. 
"*  Glass,  ii.  972,  a. 
Goat,  the,  i.  220,  b. 
Gold,  i.  260,  b. 
Gown,  ii.  716,  b. 
Granary,  i,  975,  b. 
Grapplin$;-iri>n,  ii.  101,  a. 
Graves,  ii.  644,  a. 
Greaves,  ii.  260,  b. 
Groom,  i.  43,  a. 
Gruel,  ii.  525,  b. 
Guardians  (Greek),  i.  74u,  a ;  i. 
751,  a. 
„        (Roman),  i.  594,  ii ;  i. 

814,  a  ;  ii.  909,  a. 
Guards,  i.  376,  a. 
Gymnastics,  i.  925,  I>. 


H. 


Hair  (Greek),  i.  4»6,  a. 
„     (Roman),  i.  4'J9,  b. 


Hamlet,  ii.  955,  a. 
Hammers,  i.  209,  a;  ii.  116,  a. 
Handbells,  ii.  844,  b. 
Handkerchief,  ii.  723,  n. 
Harbovr-dnes,  i.  726,  a. 
Hare,  the,  i.  221,  b. 
Harness,  ii.  380,  a. 
Harp,  ii.  594,  b. 
Harrow,  i.  1023,  b. 
Harrowing,  i.  63,  a. 
Hat,  i.  388,  b. 
Hatchet,  ii.  616,  a. 
Head-quarters,  ii.  483,  a. 
Hearth,  i.  868,  a. 
Heir  (Greek),  i.  943,  b. 
„    (Roman),  i.  948,  b. 
Heliacal  rising,  i.  225,  a. 
„       setjin;,  i.  225,  a. 
Hejmet,  i.'571,  b ;  i.,898,  b. 
Hemloek,  i.  942,  a'. 
Heraclean  tablet,  ii.  44,  a. 
Heralds,  ii.  474,  b. 
Hide  and  seek,  i.  137,  a. 
Hinge,  i.  364,  b. 
Hoe,'  i.  209,  a ;   ii.  66,  b ;   ii. 

537,  b;  ii.  567,  b;  ii.  597,  a. 
Hoeing,  i.  63,  a. 
Holidays,  i.  836,  b. 
Homesteads,  il.  955,  a. 
Homicide,  ii.  384,  b. 
Honours,  i.  969,  b. 
Hoop,  ii.  899,  a. 
Horology,  i.  972,  b. 
Horse,  the  Little,  i.  218,  b. 
Horse-shoe,  ii.  685,  b. 
Hospitality,  i.  977,  a. 
Hospitals,  ii.  918,  a. 
Hour,  i.  970,  b. 
House  (Greek),  i.  659,  a. 

„     (Roman),  i.  664,  b. 
Hunting,  ii.  936,  b. 
Hunting-spear,  ii.  936,  b. 
Hurdle,  i.  562,  a. 
Hut,  U.  902,  a. 


Italy,  i.  481,  b. 

Judges  (Greek),  i.  564,  a;    i. 
627,  a ;  i.  740,  b. 
„      (Roman),  i.  1026,  a. 
Jug,  ii.  4,  a ;  ii.  982,  a. 
Jurisdiction,  i.  1039,  b. 
Ivory,  i.  715,  a. 


I,  J. 

Jar,  i.  650,  a;    i.  985,  a;    ii. 

267,  a ;  ii.  695,  a. 
Jewel-box,  ii.  53Q,  a. 
Imprisonment,  i.  362,  a. 
Incense  box,  i.  7,  b. 

„      otferings,  ii.  581,  a. 
Infirmary,  ii.  917,  b. 
Informer,  i.  610,  b ;  ii.  730,  b. 
Inheritance  (Greek),  i.  943,  b. 
„  (Roman),  i.  948,  b. 

Ink,  i.  244,  a. 
Inn  (Greek),  i.  387,  a. 
„  (Roman),  i.  387,  b. 
Inspectors,  i.  750,  a. 
Intaglios,  ii.  608,  b. 
Intercalary  month,  i.  341,  a. 
Interest  of  money  (Greek),  i. 
123,  a;  i.  831,  a. 
„      (Roman),  i.  834,  a. 
Interpreter,  i.  765,  b  ;  i.  1021,  a. 
Isthmian  games,  i.  1023,  b. 


Kettle,  ii.  13,  b. 

Key,  i.  450,  b. 

Kids,the,  i.  218,a;  i.  232,  b. 

Kiln,  i.  873,  a. 

King  (Greek),  ii.  546,  b. 

„     (Roman),  ii.  549,  a. 
Kitchen,  i.  671,  b. 
Kite,  the,  i.  223,  a. 
Knife,  i.  572,  b ;  u.  601,  a. 
Knights  (Athenian),  i.  403,  b. 

n      (RomanX  i  753,  b. 
Knockers,  i.  990,  b. 
Knuckle-bones,  ii.  759,  a. 


L. 


Labyrinth,  ii  1,  a. 

Ladders,  ii.  213,  a;  ii.  601,  a. 

Ladle,  ii,  901,  a. 

Lamps,  ii.  81,  b. 

Land-surveyors,    i.   83,  a;    ii. 

158,  a. 
Lanterns,  ii.  6,  b. 
Law,  ».  1040,  b ;  ii.  32,  a ;  ii. 

237,  b. 
Lawsuits  (Greek),  i.  628,  b. 
„        (Roman),  i.  14,  a. 
Legacy,  ii.  19,  b.  • 

Legion,  i.  788,  a. 
Leguminons  crops,  i.  68,  a. 
Letter-carrier,  ii.  752,  a. 
Level  (carpenter's),  ii.  56,  Ii. 

„     (mason's),  i.  120,  b. 
Levy,  i.  805,  a. 
Library,  i.  297,  b. 
-Light-house,  ii.  383,  a. 
Linen,  i.  319,  b. 
>Iiink,  i.  883,  a. 
Lion,  L  219,  b. 
Liquidators,  i.  598,  b. 
Litters,  i.  162,  b ;  i.  294,  a  ;  ii. 

14,  a. 
Liturgies,  ii.  27,  a. 
Loaf,  ii.  151,  a. 
Loans,  i.  513,  a. 
Looking-glass,  ii.  688,  a. 
Loom,  ii.  764,  b. 
Lots,  ii.  687,  a.  • 
Luncheon,  i.  392,  b. 
Lyre,  the,  i.  217,  b;  i.  225,  b. 
Lyres,  ii.  104,  b. 

3  r  2 


1060 


ENGLISH  INDEX. 


M. 

Machines,  ii.  107,  a. 
Magic,  iL  727,  728  ;  u.  906,  b. 
Magiatratea  (Greek),  i.  93,  a; 
i.  165,  a;  i.  469,  b;  i. 
613,  b;   i.  708,  a;  i. 
743,  a;   i.  931,  b;    i. 
939,  a;   i.  942,  a;   i. 
959,  a ;  ii.  237,  a ;  ii. 
308,  a ;  ii.  442,  a ;  ii. 
676,  b ;  ii.  755,  b ;  ii. 
809,  a. 
P    (Roman),    i.    600,  b;    i« 
606,  b;   i.  630,  b;  i. 
694^  b;  i.   696,  b;  ii. 
110,  b ;  ii.  151,  a ;  ii. 
868,  b. 
Mallet,  ii.  116,  a. 
Mamexiine,  i.  363,  a. 
^Mantle,  i.  415,  b;  ii.  318,  a; 
iL  565,  a ;  ii.  729,  b. 
Manuring,  i.  61,  a. 
Market,  ii.  106,  b  ;  ii.  251,  b. 
Marriage  (Greek),  ii.  130,  a. 
„        ^oman),  ii.  138,  a. 
Masks,  ii.  304,  a ;  ii.  374,  a. 
^  Masonry,  ii.  184,  b. 
Masti,  ii.  211,  b. 
Meals  (Greek),  i.  391,  b. 
„     (Roman),  i.  394,  b. 
Measure,  ii.  158,'  a. 
Measures  of  land-,  i.  57,  b. 
Medicine,  ii.  1^,  a. 
Mercenary  soldiers,  ii.  164,  b. 
Merchant-ships,  i.   541,  b;    i. 

590,  a. 
^Metals,  ii.  166,  a.-^ 
Mile,  ii.  171,  b. 
Milestones,  ii.  171,  b. 
Mills,  ii.  175,  a. 
Mines,  i.  573,  b ;  ii.  167,  b. 
Mint;  ii.  177,  a. 
Mirror,  ii.  688,  a. 
Mitre,  li.  174,  a. 
Monarchy,  ii.  177,  a. 
Money,  coined,  ii.  248,  b. 
„      (Greek),  gold,  i.  262,  a. 
„      (Roman),    „    i.  262,  a. 
Month  (Greek),  i.  387,  a. 
„      (Roman),  i.  340,   b;   i. 
841,  a. 
MorUrs,  ii.  180,  b. 
Mosaics,  ii.  396,  b. 
Mosquito-curtains,  i.  529,  a. 
Mould,  i.  872,  b. 
Mourning  for  the  dead,  i.  885,  b ; 

i.  889,  a. 
Moustaches,  ii.  200,  b. 
Music,  ii.  192,  b. 
Mysteries,  ii.  202,  a. 


N. 

^  Nail,  i.  452,  b. 
Names  (Greek),       233,  a. 


Names  (Roman),  ii.  233,  b.         J  Pincers,  i.  871,  b. 
Napkin,  it  122,  a ;  ii.  125,  b.       'Pipe,  ii.  748,  a ;  ii.  g4ci,  a. 
Necklaces,  iL  178,  b ;  iL  380,  b.    Piracy,  u.  209,  b. 
Needle,  i.  23,  b.  '       V  Pitchfork,  i.  894,  a. 

Nemean  games,  ii.  227,  a.  Planets,  ii.  432,  a. 

Nets,  ii.  545,  a.  .     •  .   Pledges,  iL  419,  a. 

Nobles,  ii.  231,  a.  1  J^lough,  L  159,  a ;  L 

Notary,  ii.  752,  a ;  ii.  754,  b.       ^Ploughing,  i.  60,  b. 
Note-books,  L  30,  a ;  i.  512,  a.      Plumbline,  ii.  373,  b. 
Notice-board,  L  .96,  b.  Poisoning,  iL  382,  b : 

Poles,  iL  212,  b. 
Police,  L  234^  a;  i. 
129,  b;  U.  170,b. 
Polychromy,  ii.  395, 
Pomade,  iL  595,  b. 
Porridge,  iL  525,  b. 
Portcullis,  i.  334,  b. 
Portico,  i.  94,  b ;  ii.  468,  a. 
Portrait-masks,  L  992,  a. 
Postal  serrice,   L'  583,   a ;    ii. 

121,  b. 
Pottery,  L  841,  b;  iL  919,  b. 
PriesU,   L  258,  a;    L  761,  a; 
L  839,  b ;  i.  864,  b ;  ii.  568,  b ; 
u.  589,  a. 
Prison,  L  362,  a ;  L  760,  a. 
Prodigies,  ii.  499,  a. 
Property-Ux  (GreekX  i.  711,  a. 
„  (RomanX  iL  887,  a. 

Proacription,  ii.  503,  b. 
Prostitutes,  i.  956,  b. 
Prow,  u.  208,  a. 
Pump,  i.  464,  a ;  L  570,  b. 
Punishments  (civil),  i.  143,  b ; 
L  161,  b ;  L  285,  a ;  L 
362,  a;    L  390,  a;    L 
«565,  a;   L  704^  b;   L 
760,  a;    L  858,  a:    L 
864,  a;    L  894^  a;    L 
932,   a;    iL   7,    b;    iu 
13,  b;  iL351,«.     ^  , 
„    (military),  L  212,  b;   i. 
602,  a;  L  613,  b;    i 
897,  b. 
Purification,  ii.  101,  a. 
Purses,  L  565,  a ;  ii.  126,  a. 
Pyrrhic  dance,  ii.  527,  a. 
Pythian  games,  ii.  528,  a. 


0. 

Oars,  ii.  212,  a. 

Oath  (Greek),  L  1045,  a. 

„    (Roman),  i.  1048,  b. 
Obelisks,  ii.  252,  a. 
Oboe,  ii.  841,  a. 
Ochlocracy,  ii.  260,  a. 
October-horse,  iL  261,  b. 
Officers,  duty  of,  L  376,  b. 

„       parade  of,  L  376,  b. 
OU-preas,  i.  821,  b ;  ii.  850,  a. 
Oligarchy,  ii.  266,  a. 
Olive-oil,  ii.  262,  a. 
Olires,  ii.  262,  a. 
Olympiad,  ii.  274,  a. 
Olympic  games,  ii.  268,  a. 
Oracles,  ii.  277,  b. 
Orders  of  architecture,  i.  489,  a ; 

L490,  b;L491,  b;L492,a; 

i.  493,  b. 
Organ,  i.  984,  a. 
Organist,  i.  984,  b. 
Ostracism,  i.  818,  a. 
Oven,  i.  873,  a. 
Ounce,  i.  202,  b ;  ii.  455,  a. 


P. 


Paint,  L  880,  a. 
Painting,  ii.  389,  b. 
Palanquin,  ii.  14,  a. 
Panniers,  i.  461,  a. 
Pantomime,  ii.  334,  a. 
Paper,  iL  57,  b. 
Parasite,  ii.  343,  b. 
Parasol,  ii.  976,  a. 
Parchment,  ii.  57,  b. 
Partnership,  ii.  680,  a. 
Pattern,  i.  872,  b. 
Pay  of  soldiers,  i.  40,  b;    iL 

714,  b. 
Pedestal,  L  11,  a. 
Pediment,  L  11,  b ;  i.  829,  b. 
Pen,  i.  329,  b. 
Pepper,  ii.  429,  b. 
Perfumery,  ii.  976,  b. 
Physicians,  ii.  153,  a. 
Pickaxe,  iL  126,  a. 
Picture  gallery,  ii.  429,  a. 
Pillory,  L  488,  b. 
Pillow,  i.  407,  b. 
Pin,  L  23,  b. 


Q. 

Quack-doctors,  ii.  38*2,  b. 
Quarries,  ii.  13,  b. 
Quirer,  ii.  381,  b. 
Quoit,  L  644,  b. 


B. 

Race-course,  ii.  603,  a. 
Races,  i.  433,  a. 
Raft,  ii.  538,  a. 
Rake,  u.  537,  b. 
Ram,  the,  L  219,  a. 
Rampart,  i.  44,  a. 
Rattle,  ii.  676,  a. 


X 


Raven,  the,  i.  222,  b. 
"Reaping,  i.  63,  b. 
Referee,  i.  44,  b. 
Reins,  i.  982,  a. 
Relationship,  i.  42,  b ;  i.  468,  a. 
Resident  aliens,  ii.  168,  b. 
Revenues,  ii.  932,  b. 
Rhythm,  ii.  558,  a. 
Riddle,  i.  35,  b. 
Rings,  i.  129,  b.. 
Ritual  (Greek),  ii.  584,  a. 

„      (RomanX  ^*  ^^^y  ^' 
Road,  ii.  946,  b. 
Robbers,  ii.  11,  a. 
Rod,  i.  839,  b. 
Rope-dancers,  i.  883,  a. 
Rounds,  i.  377,  a. 
Rudder,  ii.  212,  a. 


S. 


Sackbnt,  ii.  595,  a. 

Sacritices,  i.  710,  b;  i.  813,  b ; 

ii.  579,  a. 
Sacrilege,  ii.  587,  a. 
Saddle-bags,  i.  965,  a. 
Saddles,  i.  742,  a. 
Sails,  ii.  211,  b. 
Salary,  ii.  589,  a. 
Salt,  ii.  592,  a. 
Salt-cellar,  ii.  592,  a. 
Salt-works,  ii.  592,  a. 
Sandal,  i.  294,  b;  ii.  684,  b;  ii. 

758,  a. 
Satire,  ii.  597,  b. 
Saucer,  ii.  349,  b. 
Saw,  ii.  650,  b. 
Sawdust,  ii.  612,  b. 
Scales,  ii.  63,  b. 
Scene-painting,  ii.  816,  a. 
Sceptre,  ii.  611,  b. 
Schools,  ii.  94,  a. 
Scorpion,  the,^  i.  220,  a. 
Screens,  i.  351,  a. 
Screw,  i.  464,  a ;  i.  939,  a. 
Sculpture,  ii.  696,  b. 
Scythe,  i.  823,  a. 
Seats,  ih  617,  b. 
Sedan-chair,  ii.  620,  a. 
Senate  (Greek),  i.   309,   a;   i. 
912,  a. 

„      (Romao),  ii.  62{^  b. 
Sentinels,  i.  376,  b ;  i.  765,  a. 
Sepulchre,  ii.  643,  a. 
Serfs,  ii.  364,  a. 
Serpent-holder,  the,  L  218,  a. 
Servitude,  ii.  651,  b ;  ii.  988,  a. 
Sham-fight,  ii.  899,  a. 
Shawl,  ii.  318,  a. 
Shears,  i.  872,  b. 
Shelf,  ii.  440,  a. 
Shields,  i.  458,  b;   ii.  348,  a; 

ii.  363,  b;  u.  614,  a. 
Ships,  ii.  208,  a. 
Shirt,  i.  350,  a ;  ii.  902,  b. 
Shoe,  i.  332,  a;   i.  562,  b;  i. 

'727,  a ;  i.  900,  b ;  ii.  679,  b ; 

ii.  932,  b. 


ENGLISH  INI>EX 

""Shops,  ii.  752,  a. 
Shorthand,  ii.  243,  \ 
Shuttle,  ii.  765,  a. 
Sibyl,  ii.  668,  a. 
Sickle,  i.  823,  a. 
Sideboard,  i.  1,  a. 
Signs,  Northern,  i.  '  I  ^.  a 

„     of  the  Zodiac,      21  \.^. 
SUk,  ii.  B49,  b. 
Silver,  i.  183,  a.< 
Slaves  (Greek),  ii.  656,  a. 

„    .  (Roman),  ii.  659,  b. 
Sleeve,  ii.  120,  b. 
Sling;  i.  883,  b. 
Slingers,  i.  883,  b. 
Slipper,  ii.  679,  b. 
Snake,  the,  i.  218,  b. 
Soap,  i.  881,  b  ;  ii.  595,  b. 
Soothsayers,  i.  934,  a. 
Sounding-lead,  i.  384,  b. 
Sowing,  i.  62,  a. 
Spade,  ii.  311,  b. 
Span,  u.  161,  b ;  ii.  691,  a. 
Spartan  constitution,  i.  912,  b. 
Spear,  i.  934,  b. 
Spectacles,  ii.  84,  b. 
Speusinians,  i.  614,  a. 
Spindle,  i.  897,  b;  ii.  906,  b. 
'Sponge,  ii.  692,  a. 
Spoon,  i.  464,  b. 
Spring-board,  ii.  379,  a. 
Stage,  ii.  566,  a. 
Standards,  military,  ii.  672,  a. 
SUrs,  fixed,  i.  223,  b. 
Sutuary,  i.  853,  b;  ii.  696,  b. 
Steelyard,  ii.  696,  a. 
Step,  L  921,  a. 
Stem,  i.  211,  a. 
Storehouse,  ii.  828,  a. 
Store-room,  i.  390,  b. 
Stoves,  L  664,  a. 
Straps,  i.  932,  a. 
Street,  ii.  955,  a. 
Sun-dial,  i.  972,  b. 
Surety,  ii.  479,  b. 
Surgery,  i.  412,  a. 
Sutlers,  ii.  69,  b. 
Swaddling-clothes,  i.  1005,  a. 
Swan,  the,  i.  218,  a. 
Sword,  i.  919,  a. 


T. 


Table-cloth,  ii.  122,  a. 

Tables,  ii.  157,  a. 

Talent,  ii.  446,  a ;  ii.  758,  a. 

Tambourine,  ii.  914,  a. 

Tanner,  i.  542,  a. 

Taper,  i.  883,  a. 

Tapestry,  ii.  761,  b. 

Target,  i.  408,  a. 

Tassel,  i.  81)9,  a. 

Tax-collector,  i.  704,  a;  ii.  771,a. 

Taxes    (Greek),   i.   707,   b;    i. 

711,  a ;  ii.  771,  b. 
„      (Roman),  ii.  887,  a ;  ii. 

932,  b ;  il  954,  b. 
Temple,  i.  825,  b ;  ii.  772,  b. 


1061 

'  ^  Terra-ootta,  i.  853,  b ;  ii.  698,  a ; 

ii,  794^  a. 
Testament,  ii.  800,  b. 
Theatre,  ii.  811,  b« 
Theft,  L  462,  b  ;  i.  894,  b. 
Thessalian     constitution,     ii. 

755,  b. 
Threshing,  i.  64,  a. 
Threshold,  i.  987,  a. 
Throne,  ii.  837,  a. 
Thrum,  i.  859,  a. 
Tickets,  u.  799,  b. 
'Tiles,    roofing,    i.   849,   a;    ii. 

768,  b. 
Tithes,  i.  603,  a. 
Tolls,  ii.  468,  b. 
Tombs,  ii.  643,  a. 
Tongs,  i.  871,  b. 
Tooth-powder,  L  617,  a. 
Top,  ii.  906,  b. 
^Top-boots,  i.  735,  a. 
Torch,  i.  830,  a ;  ii  755,  b. 
Torch-raoe,  ii.  4,  b. 
Torture,  ii.  851,  a. 
Towel,  ii.  122,  a. 
Tower,  ii.  527,  a ;  ii.  907,  b. 
Tow-rope,  ii.  541,  b. 
Tragedy  (Greek),  u.  858,  a. 
„       (Roman),  ii.  865,  b. 
Training  schools,  ii.  312,  a. 
Transit  dues,  ii.  468,  b. 
Treason,  ii.  114,  a;  ii  499,  b. 
Treasury,  i  37,  a;  i  161,  b; 

i.  860,  a;  ii  828,  a. 
Treaty,  i.  868,  b. 
Triangle,  the,  i  218,  b. 
Tribes  (Greek),  u.  875,  a. 

„     (Roman),  ii  877,  b. 
Tribones,  ii.  870,  b. 
TribuU,  ii.  887,  a ;  ii  887,  a. 
Trident,  i  897,  a. 
Tripod,  u.  892,  b. 
Trophy,  ii.  900,  a. 
"f  Trousers,  i  314,  b. 
Trumpet,  i  317,  b;  ii.  69,  a; 

ii.  901,  a. 
Truncheon,  ii.  468,  b. 
Tumblers,  ii.  593;i>. 
Tunnel,  i  568,  b. 
Tweezers,  ii  981,  b. 
Twelve  Tables,  ii  40,  b. 
Twins,  the,  i  219,  b. 


U,  V. 

Vase-making,    i.    842,   a;    ii 

919,  b. 
Vase-painting,   ii.   398,   a;    ii. 

929,  b. 
Vases,  ii.  919,  b. 
Vault,  i.  569,  a ;    i  873,  b. 
Veil,  i  866,  b. 
Veto,  i.  1015,  b. 
Villa,  ii  956,  a. 
Vinegar,  i  966,  a. 
Virgin,  t  he,  i  219,  h. 
Umbrella,  ii.  976,  a. 
Umpire,  i.  620,  b. 


1062 


ENGLISH  INDEX. 


Voting  (Greek),  i.  811,  b;   i. 
409,  b ;  ii.  516,  a. 
„      (Roman),  i.  507,  b;   ii. 
751,  a. 
Votiog-tableU,  ii.  751,  a. 
Usurers,  i.  832,  a ;  iL  226,  b. 


W. 

^  Waggon,  ii.  433,  b ;  ii.  597,  a. 
„        the,  i.  216,  a. 
Waggoner,  the,  i.  217,  a. 
Wain,  Charles's,  i.  216,  a. 
Walking-stick,  i.  265,  b. 
Wall,  L  683,  b ;  u.  182,  a ;  ii. 
345,  b. 


Wallet,  ii.  122,  a ;  ii.  368,  a. 
War-tix,  ii.  736,  a. 

„    ships,  ii.  220,  a  ;  ii.  800,  a. 
Waterman,  the,  i.  220,  b. 
Water-organ,  i.  984,  a. 

n      pip^  i.'862,  a. 
Watersnake,  the,  i.  222,  b. 
Waterstream,  the,  I  220,  b. 
'Wearing,  iL  764,  b. 
Weeding,  i.  63,  b. 
Whale,  the,  i.  221,  a. 
Wheel,  L  578,.  a ;  i.  843,  a ;  ii. 

914^  b. 
Whip,  i.  864,  a. 
Wills,  ii.  800,  b. 
Window,  i.  663, *b;  i.  686,  a; 

i.  831,  a. 
Wine,  ii.  962,  a. 

cooler,  i.  294,  b ;  ii.  519,  b. 
press,  ii.  850,  a. 


Winnowing,  L  64,  b ;  ii.  919,  a. 
Witnesses  (Greek),  ii.  126,  b. 

„        (Roman),  i.  1048,  h. 
Wolf,  the,  i.  222,  b. 
Wordiip,  ii.  577,  a. 
Wrestling,  ii.  82,  a. 
Writing  tablets,  iL  753,  a. 


Y. 

"^rardsofasaU,  iL211,b. 
Tear  (GroekX  L  336,  b. 

„     (Roman),  L  340,  a. 

„  dirision  of,  L  233,  a. 
Yoke,  L  1034,  b. 


\ 


(     1063     ) 


APPENDIX. 


The  whole  of  Volume  II.  was  in  type,  and  Volume  I.  already  published, 
when  the  tract  ascribed  to  Aristotle  on  the  Athenian  Constitution  first 
appeared.  The  following  Appendix  shows  the  principal  points  on  which 
the  conclusions  arrived  at  in  the  Dictionary  require  to  be  modified,  if 
that  authority  is  followed,  and  also  supplies  references  to  several  passages 
of  the  treatise  which  support  opinions  already  expressed.  In  ttie  first 
part  of  the  Appendix,  wnich  bears  on  articles  in  Volume  I.,  Dr.  Hager 
is  responsible  for  the  notes  on  Civitas,  Eisangelia,  Emmenoi  Dikai,  Endeixis, 
Epitropus,  Eponymus,  Euthyne,  Exomosia,  ExsiHum,  Heres,  Jusjurandum ; 
Mr.  Wayte  for  the  remainder.  As  regards  the  notes  which  refer  to  articles 
in  Volume  IE.,  Dr.  Hager  is  responsible  for  those  on  Nomos,  Paranoias 
Dike,  Prostates  ton  Demon,  Psephus,  Seisachtheia ;  Mr.  Wayte  for  those 
on  Sitophylaces,  Synegorus,  Tamias,  Tettaraconia,  Tribus,  Trieropoei; 
Mr.  Marindin  for  the  remainder. 


APPENDIX  TO  VOLUME  I. 


ADYNATI.  The  quotation  from  Uarpocra- 
tion  can  now  be  corrected  from  the  author's 
own  words.  No  other  rate  of  payment  is  men- 
tioned than  two  obols  daily;  and  a  special 
ra/jdeuy  chosen  by  lot,  presided  over  the  distri- 
but  ion  (*A9.  voX.  c  49). 

AGOBANOMI.  The  statement  as  to  their 
number,  tire  for  the  city  and  five  for  the  Pei- 
raeus,  is  in  accordance  with  the  text  (c.  51). 

ANTIOBAPHEIS.  The  distinction  between 
these  and  the  Grammateis  is  perhaps  too 
strongly  emphasised  in  both  articles.  The  ypofi' 
/Aorcor,  an  assessor  to  the  fiou\^  (hs  mpoKd' 
$firai)f  is  appointed  iwl  robs  y6fjLovs,  and  sees 
that  they  are  correctly  transcribed  (jkmypi" 
^rrat  icai  otros  vcbnror,  c.  54). 

APODEGTAE.  They  had  summary  juris- 
diction to  the  value  of  ten  drachmas  only :  be- 
yond that,  CIS  rb  Sijourr^pior  tUrdyovrts  ififttiva 
(c.  52). 

ARGHOK.  Against  the  received  tradition 
that  the  Medontidae,  the  early  successors  of 
Codrus,  held  office  for  life,  but  without  the  title 
of  king,  the  contention  of  Lngebil  and  Caillemer 
(see  Abouon,  p.  165  6)  that  both  the  name  and 
the  attributes  of  royalty  survived  almost  un- 
changed, has  now  received  important  confirma- 
tion. In  *A$,  ToX.  c.  3  it  is  stated  that  ^^  in  the 
times  before  Draco "  the  head  of  the  state  was 
styled  fiuriXt^Sf  and  ruled  for  life ;  next  to  him 
was  a  rohifAopxoSf  or  commander-in-chief,  who 
indeed  dates  back  to  the  period  of  the  real  kings; 
thirdly,  an  ipx^^j  ^^  chief  civil  magistrate. 
These  two  officers  were  probably  elected  for  a 
term  of  yean  by  the  Eupatrids,  and  formed  an 
important  check  on  the  autocracy  of  the  titular 
king.  Mr.  Kenyon  remarks :  '*  The  abolition  of 
the  title  of  king  as  that  of  the  chief  magistrate 


of  the  state  probably  took  place  when  the 
decennial  system  was  established.  The  name 
was  then  retained  only  for  sacrificial  and  similar 
reasons,  and,  to  mark  the  fact  that  the  kingly 
rule  was  acinally  at  an  end,  the  magistrate 
bearing  the  title  was  degraded  to  the  second 
position,  while  the  Archon,  whose  name  natu- 
rally suggested  itself  as  the  best  substitute  for 
that  of  king,  was  promoted  to  the  titular  head- 
ship of  the  state." 

rresh  light  is  also  thrown  on  the  question 
discussed  at  p.  166  6,  as  to  the  time  when  the 
election  by  lot  was  introduced.  We  find  **  the 
following  stages  in  the  history  of  the  method  of 
election  to  this  office:  (1)  prior  to  Draco,  the 
archons  were  nominated  by  the  Areopagus; 
(2)  under  the  Draconian  constitution  they  were 
elected  by  the  ecdesia ;  (3)  under  the  Solonian 
constitution,  so  far  as  it  was  not  disturbed  by 
internal  troubles  and  revolutions,  they  were 
chosen  by  lot  from  forty  candidates  selected  by 
the  four  tribes ;  (4)  under  the  constitution  of 
Cleisthenes  they  were  directly  elected  by  the 
people  in  the  ecclesia ;  (5)  alter  487  B.a  they 
were  appointed  by  lot  from  100  (or  500,  see 
below)  candidates  selected  by  the  ten  tribes ; 
(6)  at  some  later  period  the  process  of  the  lot 
was  adopted  also  in  the  preliminary  selection  by 
the  tribes  "  (Mr.  K.,  pp.  59-60 ;  'A9.  voK.  c  22). 
As  regards  the  number  of  candidates  selected 
under  the  arrangement  of  487  D.C.  the  MS.  here 
gives  500,  but  the  writer  had  previously  stated 
(c.  8)  that  each  tribe  chose  ten  candidates, 
making  a  total  of  100.  It  is  probable  that  for 
v^rroKOvtmw  (^')  we  should  read  iicar^y  (p'). 

After  the  expulsion  of  Damasias,  who  in  a  two 
years'  archonship  (b.c.  582>1)  tried  to  establish 
a  tyranny,  we  have  for  one  year  the  unprecedented 


V 


1064 


APPENDIX. 


number  of  ten  archons,  of  whom  five  were  £a pa- 
ir ids,  three  Aypoixoi  =  Geomori,  and  two  De- 
miargi  (c.  13).  The  conjecture  mentioned  at 
p.  167  a,  that  the  tenth  tribe,  which  did  not 
elect  an  archon,  was  compensated  by  having  the 
appointment  of  the  secretary  (ypafifiar€is)y  is 
stated  as  a  fact  CA9.  iroA.  c.  55). 

The  receired  account  of  the  abolition  of  the 
property  qualification  (Archon,  p.  .167  a)  must 
also  be  modified.  If,  according  to  Plutarch's 
account,  Aristides  in  479  B.C.  widened  the  area 
of  eligibility,  he  may  at  most  have  extended  it 
from  the  mvTaKoffu>fi4hifUfot  to  the  /mrccs.  It 
\n  now  definitely  stated  ('A9.  iroA.  c.  26)  that 
the  ^ciryrrcu  first  became  eligible  in  457  B.C., 
**  five  years  alter  the  death  of  Ephialtes " : 
which  shows  incidentally  that  the  murder  of 
Ephialtes  must  hare  taken  place  immediately 
after  the  triumph  of  his  democratic  legislation 
in  462.  It  is  a  further  curious  fact,  that  the 
property  qualification  was  never  entirely  abo- 
lished by  law.  The  Ihrrtic^y  Wao;,  or  lowest 
class,  was  still  in  theory  ineligible  for  any  office, 
but  in  the  time  of  Aristotle  a  member  of  that 
class  was  allowed  to  represent  himself  as  a 
(^vyirr^s  by  a  legal  fiction  (c.  7). 

In  the  archons'  oath  we  get  a  rational  expla- 
nation of  the  XP*'^  thtiw  without  the  absurd 
addition  iaofierpniros  (see  AbchoN,  p.  169  a). 
Ilie  archons  and,  it  would  seem,  the  diaetetae 
also,  swore  that  if  they  accepted  bribes  they 
would  dedicate  a  golden  image — presumably  of 
equal  value  to  the  amount  received,  though 
this  is  not  explicitly  stated.  A  somewhat  similar 
explanation  is  given  by  Thompson  on  Plat. 
J'haedr,  235  D  CA9.  iroX.  cc  7,  54). 

It  has  generally  been  held,  as  by  Sch9mann 
(Antiq.  i.  401-2,  E.  T.),  that  all  magistracies 
(iLpX"^  ill  ^^^  technical  sense)  were  unpaid  at 
Athens  (cf.  Htperetes,  p.  986  a).  The  treatise, 
before  us  mentions,  on  the  contrary,  the  pay  of 
many  public  officers;  and  there  is  reason  to 
think  that  that  of  the  archons  was  four  obols  a 
day,  though  the  passage  ('A0.  voA.  c.  62)  is 
mutilated  and  the  words  iri[4€i  6pxor}r€S  partly 
conjectural. 

ABEIOPAGUS.  Our  account,  in  all  its 
main  features,  is  thoroughly  confirmed  by  the 
*A$.  iroX.  The  Areiopagus  unquestionably  ex- 
isted before  the  time  of  Draco,  and  till  then,  it 
would  seem,  was  the  only  council ;  in  those 
times  it  appointed  the  archons,  who  already, 
after  their  year  of  office,  were  called  up  into  it. 
It  was  thus  a  close  corporation  of  Eupatrids, 
then  the  only  depositaries  of  real  political  power. 
Draco,  whose  legislative  changes  went  much 
further  than  has  hitherto  been  supposed,  was 
the  first  to  constitute  a  second  fiovkii  (see  below, 
App.  under  Boule);  he  also  gave  additional 
importance  to  the  ecclesia,  which  had  previously 
existed  only  in  a  rudimentary  and  uninfiuential 
form,  and  assigned  to  it  the  election  of  archons. 

The  conduct  of  the  Areiopagites  at  the  time 
of  the  battle  of  Salamis  (Vol.  I.  p.  176  a)  was 
rewarded  by  a  greatly  increased  respect  for  their 
authority ;  and  for  the  first  sixteen  years  of 
Athenian  naval  supremacy  (B.a  478-462)  they 
once  more  became  the  ruling  power  in  the  state 
CAB.  »oX.  cc  23,  41).  The  personality  of 
Ephialtes,  who  put  an  end  to  this  state  of 
things,  and  the  precise  date  of  his  reforms,  now 
come  out  more  clearly.     It  was  in  the  archon- 


ship  of  Conon,  B.C.  462,  that  be  overthrew  th<r 
Areiopagus ;  he  was  nt  this  time  the  leader  if 
the  democratical  party,  not  Pericles,  whoK 
advent  to  power  must  be  dated  some  rears  lat«r. 
As  has  been  already  said  (Vol.  I.  p.  177  6),  the 
curtailment  of  the  powers  of  the  Areiopaguf 
was  necessary  to  the  expansion  of  Athens,  anJ 
must  be  pronounced  justifiable;  it  was  not, 
however^  carried  out  by  constitutional  methods : 
Ephialtes  put  many  Areiopagites  to  death,  %L*i 
was  himself  assassinated  ^A0.  roX,  c  26). 

ASTYNOMI.  We  have  further  proof  (c5<^) 
that  the  Astynomi,  and  not  the  Aieiopagas 
were  charged  with  preventing  encroachments  ot 
private  buildings  upon  the  streets.  From  tlw 
same  passage  it  is  clear  that  windows  were  not 
allowed  to  open  back  into  the  street :  cf.  DOMUs 
p.  663  6;  Janua,  p.  987  6. 

BOULE.  The  origin  of  the  second  or  prti- 
bouleutic  council  is  now  definitely  ascribed  t» 
Draco :  the  number  was  401,  chosen  apparentiy 
by  lot  from  the  whole  body  of  citizens  {ix  r^t 
iroXircias,  c.  4) ;  for  the  odd  number  compart 
the  51  Epheti^e,  and  the  juries  of  201,  501,  k- . 
dicasts.  The  additional  member  was  omitted  t<y 
Solon,  who  assigned  an  equal  number  to  each  <  * 
the  four  tribes  (c.  8);  the  ten  CleisthennD 
tribes  and  fiovK^  of  500  are  described  in  t»- 
usual  terms  (c  21).  The  limitations  on  tht 
powers  of  the  i9ovX^  are  insisted  on :  the  peoi.!- 
alone  is  sovereign,  and  governs  by  paephismatd 
and  dicasteries  (al  r^s  fiovK^s  tcpitr^ts  cit  T<^r 
S^/Aor  iKjiXlBoffUfi  c.  41 ;  o^  Kvpia  V  i^  gfle^u 
&XX'  4p4fftfios  CIS  T^  Suceurr^pcov,  c  45).  Coci- 
pare  Aristot.  Pol.  iv.  4=p.  1292,  5.  The  cco- 
trol  of  the  fiovKii  over  naval  matters  throojh 
i^>Xi'r4ierop€s  and  rptifpowoiot,  sabordinate  t«> 
itself,  and  the  conditions  of  its  receiving  ih 
annual  compliment  (Bmp§dM,  crown,  or  **  vote '  * 
thanks  "),  are  in  accordance  with  the  text  t ' 
Demosthenes  {Androt  pp.  599-9,  §§  17-20;  e 
BOULB,  p.  310  a ;  'A9.  voX.  c  46).  The  <«nsT\l 
architects,"  or  '*  master  ship-buildeim,**  howerer. 
are  mentioned  only  by  our  author.  The  o^x'' 
r4ieTt»  of  Dem.  de  Cor.  p.  234,  §  28,  is  a  differec* 
person. 

The  pay  of  the  fiouKwrtd,  usually  stated  a»  a 
drachma  a  day,  is  given  as  five  oboU  {*A9.  nk. 
c.  62>  Under  the  oligarchy  of  411  bjC  tbo« 
of  the  Four  Hundred  iSovXctrrol  who  were  abacs' 
without  leave  were  to  be  fined  a  drachms  i 
day  (c  30). 

The  functions  of  the  Prytanea,  Proedri,  n-^ 
Epistatae  are  clearly  and  simply  explained  -n 
accordance  with  the  view  now  universally  hA ' 
[BOULK,  p.  311  a].  There  is  only  one  set  • 
Proedri,  one  from  each  of  the  noo-presidii: 
tribes,  and  there  are  two  Epistatae  (c  44).  Ai^^ 
cording  to  Aristotle  (c  43%  the  four  first  pn- 
tanies  were  the  longest,  having  the  extra  (tklrtr- 
sixth)  day :  our  sUtement  (p.  310  6)  that  t>^ 
four  last  were  the  longest  is  baaed  on  an  it- 
scription  of  D.a  410;  but  the  rule  nuiy  har: 
changed  between  that  date  and  the  middlf  >< 
the  following  century. 

CENSUS  (Greek).  In  thU  article  the  yn- 
perty  qualification  of  the  Zeugitae  is  given.  > . 
the  authority  of  Boeckh  and  Schdmann,  at  1> 
medimni  a  year.  The  more  usual  stateroeE'. 
following  Plutarch  {SoL  18)  and  several  passs^^ 
of  the  grammarians,  pats  the  figure  at  20<^:  i 
view  strongly  maintained  by  Grote  (iL  320  n.. 


APPENDIX. 


1065 


ed.  1862).  Gilbert  (StaatscUterth.  U  133)  de- 
clares  that  the  question  cannot  be  positiyely 
decided.  To  the  testimony  of  later  writers  in 
favoar  of  the  number  200  is  now  added  the 
earlier  and  better  authority  of  Aristotle  (*A9. 
iroK.  c.  7),  and  this  must  be  pronounced  by  far 
the  most  probable  opinion. 

CIVITAS  (Greek).    The  *A9nvala»y  voKn-wlot 
if  right  itk  this  matter,  throws  a  new  light  upon 
the  legrislation  of  Draco:   in  a  less  degree,  on 
that  of  Solon  and  Cleisthenes.     From  c  4  it 
appears  that  Draco  not  merely  codified  the  law. 
(though   this  is  particularly  emphasised  in  the 
summary    of  political  changes  in  c  41,  7f  M 
AfniKorros  i»  f  Ka\  r6fMvs  Hiypao^OM  irpwrov  *), 
but  also  gave  Athens  a  constitution.    A  share 
in  the  government  (19  voXir«(a)  was  given  to  all 
who  could  furnish  a  military  equipment  (rots 
tiw\a  wap9XOfi4pou — the  same  qualification  was 
necessary  after  the  overthrow  of  the  Four  Hun- 
dred, Thuc  TiiL  97:  rots  irtKrojcitf'xtAtotf  4^pl- 
<reurro  rjb  irp^futra  wapoiovpeu^  cTwu  9h  a&rwy 
&w6a-ot  Mol  iwKa  'rap4xomu).    This  body  elected 
(alp€itr0€u)the  more  important  magistrates.  There 
were  property  qualifications  of  varying  amount 
for  the  different  offices,  e,g.  of  100  (? :  cf.  Appen- 
dix, s.  V.  Strateous)  minae  for  crparriyol  and 
Xmrapxoc,  they  had  besides  to  be  married  and  to 
have   children  more   than  ten  years  old;   cf. 
Dinarch.   «.  Dem,  §   71:  ical  rohs  fikv  v6iu>vs 
irpoX^yeur    t^  ffifropi    im2    r^   trrpcenty^   r^v 
iFopii   Tov     Si^/iov    ititrraf    k^yovvn    Xofifidrtiv, 
irai8ovoic7<r0at   jcor^    rovs    r6fiovsj    yijy    4trrhs 
^p«0K   xcicr^a^flu,   etc;   the  property  qualifica- 
tion  of  the  nine  archons  and  the  rt^tiai  was 
only    10   minae.     Moreover   401   members    of 
this    body  (over   thirty   years    of   age)   were 
elected  by  lot  as  senate,  and  some  others  were 
in  the    same  way  appointed  to  some  less  im- 
portant magistracies;  but  as  no  one  could  be 
a  member  of  the  senate  or  hold  one  of  these 
ofiices  a  second  time,  before  all  other  qualified 
persona  had   had  their  turn,   the   lot  decided 
merely  the  order  in  which  such  persons  should 
succeed.   According  to  'A0.  voA.  the  creation  of  a 
senate,  which  has  hitherto  been  ascribed  to  Solon, 
was  the  work  of  Draco ;  nor  was  the  property 
classification  Solon's  woric,  for  it  is  incidentally 
mentioned  as  existing  in  the  time  of  Draco,  who 
ordained  that  for  non-attendance  at  a  meeting 
of  the  fiovKii  or  4KK\7iala  a  senator  should  pay 
three,  two,  or  one  drachma  according  as  he  was 
a  V€praKoirtoti4ZifUfos,  a  Imr^hs  or  a  (€vylr7is. 
No  further  information  is  given  as  to  the  func- 
tions of  ^ovXj^  and  iiacXiiirla ;  probably  they  did 
not  exercise  any   important  powers,  the  Areo- 
pagitic  council  having  still  (as  before  c  3)  con- 
trol  over  all  the  magistrates,  and  being  the 
guardian  of  the  laws  (17  8i  fiovKii  ^  ^|  *kptiov 
^dyov  p6\a^  Ijv  r&v   rS/un^  icol  Sirr^pci  rks 
apx^t  tms  Kwrk  rohs  v6fiovs  ipxmffw :  cf.  Tisa- 
menus*  decree  in  Andoc  Myst,  §  84>  hrtfi^K^ivBrn 
h  fiouKii  11  i^  *Ap4iov  irdrYov  rAv  v6fU0yj  Sums  &y 
ai  itpx9*  rois  luifUvois  vdfiois  ^SwraCj  ;  in  fact  it 

*  Mr.  Keoyon  Infers  ftom  c  3,  «nts  a^aypi^arrtx  rA 

KfiUnvf  **  that  the  tbesmotheUe  received  their  name  not 
merely  from  the  fact  that  they  made  law  by  administer- 
ing it,  bat  from  being  the  first  to  lay  it  down  In  written 
decisions.  There  ^as,  therefore,  some  written  basis  of 
Uw  before  the  time  of  Draco." 


would  seem  to  have  possessed  the  right  of  revising 
decisions  (i^iiv  2i  r^  &BiKovfi4y<p  irph[^s  r^v  r&y] 
'Af>coira7cir[£y]  fiovXiiv  fiffayy4\Xtty  inro^aC- 
vovrt  wop*  hv  iitKtlrat  y6fjLoy).  These  consti- 
tutional changes  failed,  however,  to  remove  the 
prevailing  distress :  they  did  not  touch  the  large 
class  of  people  who  could  not  furnish  a  military 
equipment,  and  these  remained  as  before  ^2 
rots  ffu{jm'}irt  8cSf/i^roi  (cc.  2,  5). 

Solon  therefore,  when  he  was  elected  BtoK- 
XoKriis  icol  Apxofy  by  the  contending  parties 
{Koirp)f  first  attacked  the  economic  question, 
as  has  been  described  under  Seibachtheia  (cf. 
'A9.  woA.  cc  9, 10).  Then  all  the  laws  of  Draco 
(Occr/iol)  except  those  on  homicide  were  repealed, 
and  the  new  code  of  laws  (y6noi,  c.  6 ;  0c<r/ioA 
cc.  12,  35)  was  written  on  K^fitis  and  placed  4v 
rp  trro^  rg  fiofftX^tp  (  =  Harpocr.  «.  p.  K6p$9ts). 
The  most  democratic  features  of  his  constitution 
are  said  to  be :  the  prohibition  of  borrowing  on 
the  secunty  of  a  man's  person,  the  right  ot 
every  one  to  commence  an  action  for  wrong  done 
to  him-~-T^  ^{ciroi  r^  fiov\ofi4ytp  [ypd^aBm, 
Mr.  Eenyon]  iWrip  r&v  itiucoufi4ymy — and  the 
right  of  appeal  to  a  court  of  law — [f]  fidKurrd 
^affof  lffxvK4vai  rh  irXfiBos — ^  ctf  rh  8iic[a- 
trr^ptoy]  l^cffi];.  ic6pios  yhp  Ar  6  Brjfxos  rris 
^Irff^v  ic&pios  ylyerai  rris  woKtr^las  (c.  9). 
As  regards  Solon's  reconstruction  of  the  con- 
stitution, he  used  the  classification  of  the 
people  according  to  their  property  for  political 
purposes  (c.  7) :  offices  (archons,  rofilait  w«\i}- 
ro^  ol  IvScira,  K»\€utp4rat)  were  filled  from  the 
first  three  property  classes,  some  from  one, 
others  from  another  {ixdirrots  ii^dkoyov  r^  /ac- 
7^#ci  Tou  r<^^]fi[aro]r  &To8i8o&r  T[^r  ^Ix^f^)* 
e,g,  only  Pentacosiomedimnoi  were  eligible  as 
archons  and  rofdatf  and  it  was  not  until  457  B.c. 
that  (^uyh-cu  were  admitted  to  the  archonship 
(c  26,  the  I'wcis  must  have  become  qualified 
before  that  time),  whilst  the  ro^oi  rrjs  *A$iivas 
had  to  be  members  of  the  first  class — at  least 
nominally,  even  in  the  days  of  the  writer  (cc.  8, 
47,  4ic  w^preucofftofit^ifjiyctv  leark  rhv  X6\uyos 
y6/i[py — $ri  yko  6  y\6fios  K^pUs  4<rrty, — ftpx*^  ^ 
6  Xaxify  lAy  wdyv  irltrris  ff).  To  the  fourth  class, 
the  Thetes,  Solon  also  gave  a  share  of  political 
power  for  the  first  time :  a  voice  in  the  assembly 
and  a  seat  in  the  law-courts. 

Solon  re-established  the  senate  to  the  number 
of  400  (100  from  each  tribe),  and  left  to  the 
Areiopagitic  council  the  guardianship  of  the 
laws  (yofio^vXaKfty)  and  its  other  important 
functions,  giving  it  the  right  to  pass  judgment 
on  those  who  conspired  to  overthrow  the  consti- 
tution (c.  8,  icol  rohs  4rl  icwra\{f9u  rov  B^fiov 
<nn{i'}arafi4yovs  tKpww^  1,6Kmyos  9€ii\r6s']\  cf. 
the  law  in  c.  16). 

Cleisthenes  put  an  end  to  the  four  old  tribes 
with  their  subdivisions,  the  trittyes  and  nan- 
craries,  and  instituted  a  new  set  of  tribes, 
ten  in  number  (Jkyofufyu  0ovK6fi9yos  9iri»s  /&cra- 
(TX^ci  irKtiovs  rris  rroXtrtlas,  c  21),  each  to 
contain  three  trittyes,  of  which  one  was  taken 
from  the  plain,  one  from  the  shore,  and  one 
from  the  mountain.  See  further  under  Dexitb. 
Cleisthenes  left  the  y4yri  and  pparpiai  and 
UpmiH/ytu  undisturbed,  increased  the  number  of 
the  members  of  the  senate  to  500  (fifty  from  each 
tribe),  and  introduced  the  direct  election  of  toe 
principal  magistrates  Qrohs  irrpvrrfyohs  ijpovyro 
Kwr^  ^vXcEf,  4^  ixoffrris  ^vX^f  cm,  c.  22)  by  the 


1(K>1> 


APPENDIX. 


popular  Rsserably,  which,  as  far  as  the  nine 
archons  are  concerned,  remained  in  force  until 
487  B.C.,  when  selection  by  lot,  closely  resem- 
bling that  of  Solon,  seems  to  hare  been  re-intro- 
duced. Out  of  consideration  for  the  new  citizeas 
(rffOToXrroi)  whom  Cleisthenes  had  introduced  in 
large  numbers,  Cleisthenes  altered  the  official 
mode  of  designation  (c.  21)  [Demus].  The 
account  of  Cleisthenes'  reforms  is  summed  up 
(c  22),  rovTifr  8c  ytvofUrmw  Zmjununnipa 
iro\{h  r^f  %]6Kit»9s  4y4tf§T9  i^  roXircIa  (cf. 
c.  41,  but  see  c  29,  Cleitophon's  rider)*  ical 

9f«MU  rhv  K\€iir94ifiv  vroxBtiij^vo^  'ro&  ir\^ 
9ous,  i¥  off  ^i9n  ical  6  ircpl  rov  iarpoKur/wv 

From  c  40  we  learn  that  Thrasybulus  pro- 
posed to  grant  citizenship  irwri  roh  4ic  Tltipudws 
trvyttafrtXBowrt  (jhv  frioi  ^vf^pms  limp  5ov\oi), 
and  that  Archinns  instituted  against  him  a 
7pa^  vtip«»6futv.  This  was  Thrasybulus  6 
Srcipie^S)  and  Archinus  won  his  case  (Aeschin. 
r.  dtes,  §  195;  one  scholiast  explains  that 
Thrasybulus  proposed  ciric  rights  for  the  orator 
Cephalus,  another  for  Lysias :  cf.  [Pint.]  VUt  X, 

Oratt.  p.  835  E  0- 

0.  42  deals  with  the  manner  of  registration  of 
the  youths  in  the  Kti^iapxuchv  ypofxfMar^lovy  on 
completion  of  their  eighteenth  year,  as  it  ex- 
isted in  the  writer's  own  time.    The  demotae 
having  sworn  the  customary  oath,  decided  by 
▼ote    cl    SoKom  ytywiwat  r^v    ^AurfoF    r^r 
iK  rod  r6fioUf  and   seoondly   «t   ixM9p6s  ivrt 
ic«2  yiyow^  jcor^  ro^s  r^fwvf.     If  they  were 
not  satisfied   on   the   former    point,  the  par- 
ticular youth  was  relegated  to  the  sraZScf :  if 
they  fonad  that  u  youth  was  not  iKgiO^pos,  the 
latter  might  appeal  to  a  court  of  law,  before 
which  the  demotae  were  represented  by  five  mi- 
riiyop9i  elected  from  amongst  themselves;  and  in 
case  the  court  dackled  against  the  youth,  he  was 
sold  by  the  state,  whilst,  on  reoeiving  a  verdict 
in  his  favour,  he  was  of  necessity  entered  in  the 
register  of  the  deme.     A  second  BoKifiaa-la  was 
instituted  by  the  senate ;  and  if  it  was  found  that 
the  name  of  one  under  eighteen  years  had  been 
entered,  they  in6icted  a  penalty  on  the  demotae 
who  had  admitted  him.     For  details  how  the 
youths    spent    the    following    two    years,   see 
£PHBB178.      The  account  continues:   fpovpovei 
8i  rk  Bvo   frff  .•  .  koI  &TcA.«if  citri  vainr»r  icol 
Hiiniv  o6rf  M6tbffUf  o6r9  KxfifiJopownv  X^a  fiii 
wpdyfuuri  avfifjuyttw  (?)  ri,  wKifv  w§p^  irX^pov 
Kol  ^vucA^fMv,  icfty  rufi  mrk  rh  yhros  Ufwowti 
y4tntrtu.     (This  refers  probably  to  disputes  as 
to    who  was   entitled    to  the  succession  in  a 
priestly  ofTice :  cf.  c.   57   and  Pollux,  viii.  90, 
Sdcoi  84  itphs  abrhw  {fitunK4a)  Xarfxiafovrai .  .  . 
Upattrvptis  iifi^urfiiiTiiaM^s),    The  second  doki- 
masia  on  the  part  of  the  senate  is,  it  seems, 
only  mentioned  here*    As  regards  the  Ar^Xcio, 
it   is  evident  from   Lys.  c.  Diog.   §  24,   that 
orphans    were    at    that    time    released    from 
liturgies  only  one  year:  ots  (rohs  hp^atnhs)  v 
w6Kis  ob  fi6vov  9dt9as  6trras  irtXth  iwoli^irw 
kKKii  icol  i-K^iJiiuf  boKifUurB&ctyf  irtaurhv  &0^K«y 
aweur&y  r&¥  \€iTovpyu9¥.    The  list  of  such  law- 
suits is  either  not  complete — for  see  the  action 
in  Lys.  c,   Theomn.  (§  4,  ^cdyofitu  ody  rpurxat' 
i€Ka4rfis   Auf   8rt  6  warifp  ^h  rmw  rpidttovra 


.  .  .  oi^ff  ^icc(a^  ij^utovfiipp  Ifiuy^^ofv  $9tt&n^t 
§  31, 5s  fL6pos  [of  the  brothers]  IvitH  rd.xMrra 
Hoieifidai^riry  iw€^iiXBov  rtSs  rpidieorra  iv  *A^Iy 
Ilceyy)— or  It  applies  to  the  writer's  time  crnlv. 
The  time  of  Lysias  u  referred  to  by  wpdrrnpor 
in  c  60,  wp4T€pow  8*  iwA\§t  r^  idfm^m  ^ 
w^Xis;  cf.  Lys.  pro  Ol&a  Bocr.  §  2,  vp^  T9vs 
itnnilUvovs  rohs  itdpvovf  r&s  /umApz  bat  the 
punishment  mentioned  there  (§§  3,  5,  26,  41) 
was  not  death  (p.  817  a;  cf.  also  App.  a.  r. 
Stratbous  for  the  date  of  the  election  at* 
generals  for  special  duties). 

It  is  stated  in  c  26  that  in  451  blo,  on  the 
proposal  of  Pericles,  it  was  decreed  fnii  itjerox*^ 
r^s  ftSK^ms  hs  &v  fi^  ^|  iiii^mw  karotv  f  y^yam^s 
(cf.  c.  13:  among  the  followers  of  Pisaatrmtus 
were  also  ol  r$  ^ci  fti^  tuMapoL  The  acoonnt 
goes  on :  vjiiumv  V  trt  fi/trii  riiv  rm^  riyslw*! 
jCflvrdXuff'iy  [Mr.  Kenyon]  twohf^cF  Zim^n^§u0'fA9 
[Mr.  Kenyon,  Zm^nf^fi^f^^  4ts  woAXAr  scmmw- 
M»iWs»r  rris  wokrr€ua  od  «po«^iMr)y  and  that 
the  same  lav  prevailed  in  the  time  of  the  writer 
is  said  in  c.  42.  No  mention  is  made  in  the 
treatise  of  Aristophon's  propoaal  m  BX.  403, 
ts  &r  fiii  4^  4rrj|f  y4inirm  piBop  sIsihi,  «nd  of 
Nicomedes'  amendment,  reW  tk  wf^  El«eA«2Sev 
Ay«|crd«Tovs  &^tHlB<,  and  we  know  th»t  thi» 
became  law  (Isae.  Cir.  Her,  §  43). 

We  find  in  c.  55  the  prooeediogs  at  the 
dokimaaia  of  the  nine  archeiis  folly  described. 
The  qneetiona  as  to  descent  bear  oat  Pollux's 
statenieat  (viiL  85,  ei  *Atfi|Muio£  ^i9  iievr4pm$9w 
4tc  rpeyopims);  they  were:  rls  trot  v«r^  aol 
w^ffy  rmf  Ziiitmr,  koI  ris  varphs  mriip  soal  ri$ 
fi'knip,  ftal  ris  /uirphs  wttriip  col  widmm  rw 
9iftmv '  ;t«r^  8i  rairra  tl  tarw  ain^  'Aw6xXmp 
woTp^s  acol  Z^hs  4pic€7os  iced  «ev  rovra  t&  Up4i 
4irTiPf  etc 

DEGUMAE.  We  read  of  Pisistratna  (*Ai. 
iroX.  c.  16)  49parrero  ykp  iarh  rw  yvym^pter 
Stjcdnfr.  This  is  direct  evidence  for  the  tithe, 
which  has  hitherto  been  merely  inferred  from 
Thucyd.  vi.  54.  The  difficnlty  still  remains 
that  the  sons  who  levied  only  an  theoifrii  are 
always  stated  to  have  been  more  oppressive  than 
their  father.  They  may  have  lightened  this 
particular  tax,  and  levied  others  more  hur- 
densome. 

DEMUS.  The  ten  aeisthenean  tribes,  like 
the  four  old-Ionic,  were  dirided  each  into  three 
rpirri^r:  the  number  of  demes  must  har« 
been  unevenly  distributed  among  trittyes  a> 
well  as  tribes  (*A9.  nA.  c  21).  The'  sam^ 
passage  confirms  what  is  stated  as  probabltr 
[pEMUS,  p.  616  a],  that  before  the  time  of 
Cleisthenes,  Athenians  were  not  described  br 
the  name  of  their  deme. 

DLAETETAE.  According  to  our  author 
(c.  53),  they  were  men  of  just  sixty  years  or 
age,  bound  under  the  penalty  of  atimia  to  serve 
in  that  capacity  for  the  first  year  after  their 
superannuation  from  military  serrioe.  Cf.  be- 
low, App.  8.  V.  EpONrMi. 

DICASTERION,  DICASTE8.  The  di- 
cast<*ries  existed  at  least  as  early  as  the  time  ot' 
Solon  (c.  9),  a  point  which  has  been  regarde-i 
as  doubtful.  The  dicasticon  is  here  expressly 
referred  to  Pericles  as  its  author  (c.  27) :  n^ 
other  amount  than  three  obob  is  mentioned 
(c.  62).  The  usual  number  of  the  jury  in  civil 
cases  was  201  if  the  amount  was  below  liX-H) 
drachmas ;  above  that  sum  401  (* A#.  voX.  c.  53). 


Arri:xDix. 


10(57 


DIOBELIA,  DJOBOLON.  The  evidence 
on  which  this  payment  is  ascribed  to  Pericles  is 
insufficient.  Our  author  (c  28),  who  uses  the 
form  SiMiSoA^a  (which  is  found  also  in  the 
passage  cited  from  the  Folitica  of  Aristotle), 
states  definitely  that  it  was  first  established  by 
Oleophon.  As  regards  the  words  which  follow, 
spealcing  of  an  increase  by  Callicrates,  see  note 
on  Theobioon. 

EGGLESIA.  It  has  been  mentioned  (App. 
s.  V.  Areiopagub)  thnt  the  Ecclesia  first  took 
a  definite  shape  in  the  legislation  of  Draco. 
The  four  regular  assemblies  in  each  prytany,  of 
which  only  the  first  was  called  Kvpla,  appear  in 
the  text  of  the  'A9.  toA.  in  accordance  with  the 
citations  from  Aristotle  in  Harpocration  and 
PoIInz  [EocLEBZA,  p.  697  6].  The  name  of 
Callistratus  does  not  occur  in  the  account  of 
the  fuoBhs  iiacKiiffuumK6s  [ib,  p.  699  a] :  it  is 
briefly  stated  that  Agyrrhius  first  gave  an  obol, 
one  Heraclides  raised  it  to  a  9t^$o\ow^  ^iJ^' 
rhins  again  to  a  rpii&fio\o¥  (c  41).  A  very 
different  statement  in  another  part  of  the  work 
must  be  left  unexplained :  tiurBo^powri  9h 
wp&Toy  [jikp  6  9rifios2  rais  /jAv  iXXeus  iKKXriatats 
Spax/i^f'i  "f^  8^  Kvptq,  4wia  (ije,  nine  obols  or  a 
drachma  and  a  half,  c.  62).  If,  as  Mr.  Kenyon 
supposes,  this  doubling  and  trebling  of  the  pay 
was  the  work  of  demagogues  of  the  fourth 
century,  we  should  probably  have  found  some 
mention  of  it  in  the  orators  and  grammarians. 
The  word  8^/ios,  it  will  be  seen,  has  been  sup- 
plied from  conjecture,  but  seems  to  give  the 
sense  required  by  the  context. 

As  regards  the  business  taken  at  each  meet- 
ing, the  details  given  by  the  grammarians 
[£gclB8IA,  p.  702  6]  may  be  supplemented,  but 
are  not  contradicted.  In  the  first  or  Kvpia 
^KtcKfiaia  of  each  prytany,  after  the  **  claims  to 
snccesaion "  (Ai({«ii  KXdfpmif)  the  words  irol  rAv 
^ucA^pwr  follow,  and  asay  easily  have  dropped 
out  (c  43).  Then  foUowi  an  accomi  of  nattera 
reserved  for  the  Kvpia  ixxKiiirla  of  the  sixth 
prytany:  questions  of  ostracism,  and  of  the 
prosecution  of  informers  (vpofioKal  ovao^orrdy). 
The  *A#.  voA.,  in  agreement  with  other  autho- 
rities, assigns  the  second  assembly  of  each 
prytany  to  Umiplat :  as  to  the  third  and  fourth 
it  differs  somewhat  from  Pollux,  whose  account 
we  had  followed:  ai  9h  Bvo  irtpl  r&v  SWu¥ 
cldrtr,  4y  tits  jcfAciiouo'ir  ol  v6fun  rpla  fi^y  UpAu 
Xptif^^C^if^i  '''P^^  ^  icfipv^iy  irol  irpc(r/3ctflus, 
rpla  8*  6<riuv:  t.e.  not  more  than  three  proposals 
or  motions  on  each  of  these  subjects  were 
allowed  in  each  prytany. 

Schomann's  conjecture  [«&.  p.  702  b]  that  the 
kpxtuptirUu  took  place  in  the  ninth  prytany 
must  now  give  place  to  the  definite  statement 
that  they  were  in  the  first  prytany  after  the 
sixth  in  which  the  omens  were  favourable 
(wotovffi  8*  ol  furk  r^y  t  wpurwc^rrcs  i^*  &v 
tuf  f{nn9fda  yitntfTau,  c.  44).  This  of  course 
applies  only  to  itpxaH  x^^P^'^^^'^V*^  buc^  ab  ^^^ 
Strategi  and  other  military  otiicers :  iipx^  kAy}- 
pteratf  as  we  have  stated  /.  c,  might  be  filled  up 
at  the  very  end  of  the  year. 

EISAGOGEIB.  These  magistrates  were 
five  in  number,  9voiy  ^vKaSy  €Katrros  (c.  52), 
instead  of  the  more  usual  ten. 

£18 ANOEUA.  lH<rayy4\Xtiv  %phs  r^y  rAy 
Aptowaytirwy  fiov\^y  is  used  in  c.  4  (for  the 
time  before  Solon)  of  one  who  had  been  illegally 


dealt  with  by  a  magistrate,  and  now  pointed  out 
the  law  which  had  not  been  observed  (i^ny  8i  r^ 
iZutovfi4y^  vpifs  riiy  rwr]  *  Ap*owa!y§n{&y']  /Sov- 
A^y  clffayy^AAsiy  iaro^tyoyri  mp*  hy  iuiucurai 
y6noy). 

Under  the  rule  of  the  Four  Hundred  it  was 
proposed  to  abolish  tj^s  rAv  trapayoi/My  ypa^s 
KaX  ria  cltf'crjrycA^af,  etc.  Ihnts  &y  ol  i$4Koyrts 
'A0i}rauoi  ffvfifiovktiwri  wtpl  r&y  9poK€ifi4ymyr 
etc.  (c  29).  Anyone  accusing  such  persona  as 
had  come  forward  with  proposals  was  to  be 
punished  moat  severely :  lMci|(y  afnov  cTnu  aol 
iLwaymyiiy  wp^s  rohs  ^rrparriyoisy  rohs  84 
oYponiYO^s  wapaiovyai  rots  Meaa  BomAt^ 
(rifuAffat,  (Thuc.  viii.  67  gives  a  much  briefer 
account.) 

Among  the  instances  of  gross  abuse  of  tlie 
eisangelia  Hyper,  pro  Eux,  col.  19  mentions  that 
of  Diognides  and  the  metoec  Antidorna  against 
whom  an  eisangelia  was  laid.  As  ir\4oyos  fU' 
ffBouyr^s  riis  aibKfrrplBas  ^  6  y6fios  iceAc^ci — this 
law  is  quoted  in  c.  50. 

From  c.  45  we  learn  that  in  fonjner  times  the 
senate  had  summary  jurisdiction,  xF^Mf^i*^ 
(ti/uAtrm  KoL  9^eu  aol  iaroirrtiyaty  but  that, 
when  they  were  on  the  point  of  putting  a  certain 
Lysimachus  to  death,  they  were  deprived  of  it  by 
the  p^ple.  This  does  not  agree  with  c.  48,  icol 
ravra  clmr/M^rTCir  ^  /io]vA^  iral  Sn^at  [in/p]/a 
icoT^  robs  y6fjLovs  4irrly :  cf.  C.  /.  A,  ii.  No,  809  b 
(D.a  325-4).  In  the  time  of  Demosthenes  the 
senate  was  competent  to  impose  a  fine  of  500 
drachmae  (Dem.  c.  Everg,  and  Mnes,  p.  1152, 
§  43),  nor  was  the  eisangelia  laid  by  a  private 
individual  before  the  senate,  at  that  time  con- 
fined to  charges  against  magistrates  for  not 
carrying  out  the  laws,  as  described  in  c  45 
(^|«m  tk  Kol  rots  IBiMaus  €iaayy4XX€iy  ^y  tty 
fio^hmyrat  rAy  ikpxAy  /i^  xp^^  ^^''  y6^is). 

The  passage  about  the  functions  of  the  tbesmo* 
ihaUe  in  Pollux,  viii.  87  f.,  is  aimoit  v«rbally 
taken  from  c.  59 ;  thus  the  statement  that  they 
laid  the  eisangeliae  before  the  popular  assembly, 
which  Boeckh  considered  wrong  and  due  to  a 
misapprehension  of  aome  sort,  is  taken  verbatim 
fVom  the  'ABtiy,  waA.  But  whilst  the  *A0ny. 
voA.  has :  aaU  ypmpits  waptat6fu»y  aol  y6pMy  ft^ 
4werhi€toy  BuyoA  km  wpo€9piitiiy  icol  4wiararueiiy 
ml  ffrpoentyois  tMyaSr  Pollux  strangely  enough 
omits  wpotfyuciiy  ical  ^wiorariic^y.  Harpocr.,  s.  v. 
^nroptxii  ypa^4if  mentions  the  irpvrayiKii  koX 
4irtirrarucii  ypa^  [Rhetorice  Gkaphe]. 

2.  Among  the  charges  laid  before  the  Archon 
are  mentioned  in  c  56  yoy4my  (Mr.  Wyse) 
KotiAir^mSy  with  the  remark  a^o«  8^  fiVir 
kihp^oi  r^  fiov\ofi4y^  itAmty :  this  seems  to 
point  to  the  eitf'aTTcAta  icaK^a€»s  yoy4myy  cf. 
Bekk.  Aneod,  p.  269,  5  f.,  and  Harpocr.  s.  v. 
icainiirfwt. 

3.  In  c.  53  the  eisangelia  against  Suunrrol  is 
mentioned:  lo'ri  tk  irol  cIa'cr)r)rcAAci»r  els  rohs 
huunyfrks  (papyrus :  Mr.  Kenyon  reads  Zutaffrha) 
4dy  ris  &8un|0p  birh  rod  Siairirrov,  xiy  rtyos 
KcerafyyAffty  in-ifiouffBai  iccAc^ouo'iy  ol  y6fun, 
l^ccrif  8*  4ffrl  leal  roinois.  Appeal  to  a  law- 
court  was  inferred  by  Friinkel,  Att.  Getchworen- 
geTj  p.  73  n.,  from  Dem.  c.  Mid,  p.  543,  §  91. 
The  reading  of  the  papyrus  tls  rohs  Buurrrrks 
ought  not  to  have  been  altered  to  ds  rohs  9uca- 
arks  on  the  authority  of  Harpocr.  s.  v,  uaay- 
ytXSa  :  Bergk's  alteration  there  from  irplhs  rohs 
iiKOffrks  to  wphs  rohs  8ia4Tijr&s  is  borne  out  by 


1068 


APPENDIX. 


the  papjnis.     [In  the  article  in  Vol.  I.  p.  710  6,  i 
Bergk*s  reading  is  by  a  printer's  error  wrongly 
given ;    read  also   Schol.  Plat.  Legg,  p.  920  t> 
instead  of  p.  926  D.] 

EMMENOI  DIKAI.  In  c.  52,  the  ctVa- 
7fltf7fZr  are  mentioned  as  still  existing.  They 
were  five  in  number,  appointed  by  lot  Svoly 
^vKaSv  tKotrros,  o1  ras  ififi'fivovs  tifrdyouai 
diictu.  The  list  of  the  classes  of  cases  coming 
ander  this  head  is  longer  and  more  detailed 
than  that  given  elsewhere:  wpoixhs  Hm  ris 
6^i\9fv  fiii  iiitoB^  icfty  ris  M  9pax/*S  8ay«- 
<rdfi€vos  iaroaT€p^  (ue.  12  per  cent. :  in  Dem.  c. 
Aphab.  i.  p.  818,  §  17,  c.  Neaer,  p.  1362,  §  52, 
the  interest  as  fixed  by  law  is  at  the  rate  of 
9  obols,  t>.  18  per  cent,  in  case  of  non-fullil- 
ment  of  marriage-contract  or  of  divorce)  K&y  ru 
iv  inyopf  $ovK6fitifos  ipyd(€irdtu  Scu^t^miTat 
vapd  nvos  it/^opfiiiw, 

cuxlta  (this  action  was  brought  before  the 
Forty  in  the  time  of  Demosthenes,  Dem.  c. 
Pantaen,  p.  976,  §  33  ;  cf.  Schol.  Plat,  de  Bepubl, 
v.  p.  464  E) ; 

ipayuetti.  ical  KoivwiKod  (Harpocr.  8.  v.  kou^w 
yiKw  •  TcExa  S^  ftoH  ircpl  rwr  kKoinriov  muwviav 
cvtrBtfidvwp  ifimplas  ii  riros  &AAov :  cf.  Dem.  c. 
Pantam,  p.  977,  §  38,  ol  Kowuyovprts /itrdWov) ; 

iuf9panr6S§opf  &woCvy[iui'}y  (cf.  the  title  of 
Dinarch.  c.  Antiph.  wfpl  tmrov,  etc) ; 

rpaipapx^^  '^^  'rpaw€(tTucal. 

The  iUat  ftcraXAural  and  4fiwoptKaX  are  not 
mentioned,  probably  because  they  belonged  to 
the  Tiy^fAoyla  of  the  thesmothetae  (Dem.  c.  Apat. 
p.  892,  §  12 ;  'A9fiv,  »oX.  c  59 = Pollux,  viii.  88). 

Then  follows  the  sentence  oSroi  pAv  odv  rav- 
ras  Btied(ouaw  ififi-fivovs  cur(i7[oy]r«t,  ol  8*  &iro- 
S^KTGu  rois  TtKAvcus  Jcol  Kork  r&v  rcXwvwv, 
rk  fihv  ficxP^  S^'CB  ^P^Xt"'"  iyT€S  K^piotj  ra  8* 
&W*  els  rh  ZiKcurr^pioy  §Ur«yovr€s  fpifitipa  (cf. 
Pollux,  viii.  97);  here  liucd(9iy  seems  to  refer 
to  the  ^ly^fAovleu 

ENDEIXI8.  From  c.  52  we  learn  that  some 
Mtl^tis  were  laid  before  the  Eleven  and  some 
before  the  thesmothetae.  From  c  29  it  appears 
that  during  the  rule  of  the  Four  Hundred  they 
were  laid  before  the  generals.  This  measure 
was  directed  against  those  who  prosecuted  any- 
one for  anti-constitutional  propositions.  The 
Mfi^ts  against  persons  who  acted  as  dicasts, 
though  disqualified  as  state-debtors  or  ^rifioi,  is 
discussed  in  c.  63,  MtiKwrai  Kork  rh  Suco- 
ar^ptop  tltrayytXt^a}  (Mr.  Kenyon  now  reads  i, 
Kal  [jits2  'rh  ZtKairH\pio¥  ctViyerm),  4k»  8*  oA.^ 
TrpoimiJ\&in»  ahr^  ol  Succurrol  8  ri  &f  8oicp 
^iot  ttveu  ira$€[7v]  I)  kMorurau  iky  8i  kpyvplov 
rifiri9f  8ei  oinhy  M^Qrffai]  Uts  ky  iicrlff^  r6 
T(  irp6r9poy  6^\fifi[a  <]^*  ^  iyti^ix^ii  irol  8  ri 
airr^  irpoarifi'fia^  rf ^  8ijc]a(rr^ptoy. 

EPIMELETAE.  Three  kinds  of  ^mjufXirral 
are  mentioned  in  the  *A9.  iroA.,  Nos.  3,  4,  and  5 
in  our  article.  The  received  account  of  the 
^iri/icAi|Tal  rod  ifivopiov  (No.  3)  is  taken  mainly 
from  Harpocration,  who  copied  Aristotle.  The 
only  point  worth  noticing  is  the  reading  aruthy 
(*A9.  iroA.  c.  51)  for  the  'Arrtnhv  of  Harpocrat. 
and  karuchy  of  Lex.  Seguer.  p.  255.  It  appears 
to  us  that  'Amic^i'  4par6pioy,  a  common  phrase 
for  **  the  port  of  Athens,"  is  the  best  reading  of 
the  three :  cf.  Dinarch.  c.  Dem,  §  96,  rl  Kort- 
trKtioKw  otKo96firifxa  ArifioirSdyiis  iv  r^  ifjiwopl^ 
T^J  ifuriptp  ^  iy  rtp  Atrrti  9l  &?Oio0l  vov  rijs 
X^/Mw;  where  ifjiw6pioy  is  simply  the  Peiraeus. 


The  iwifi^Kfirai  rSov  poHmifUuy  (No.  4)  «re  men- 
tioned in  c.  57  as  associated  with  the  king 
archon  :  here  also  we  find  nothing  that  has  not 
been  already  extracted  by  Harpocrat.  On  the 
iwifitXriral  riis  xofiv^s  r^  Atoywr^  (No.  5)  there 
is  a  difference  of  some  importance.  ^They 
were  formerly  chosen  by  x^'P^^^'^^  ^>^  paid 
the  expenses  [of  the  greater  DionysiaJ  thern- 
selves :  but  now  (^A6.  iroA.  c.  56)  by  lot,  and  th«> 
state  allowsT  them  100  minae  for  expenses^.'* 
This  change  must  have  been  very  recent  when 
the  tract  was  written,  as  x*^^^"'^^^^  '^^^^  *^^^' 
the  rule  in  B.C.  349-8,  the  date  of  the  Midki* 
(p.  519,  §  15>  Whether  the  100  minae  were 
allotted  to  each  of  the  ten,  or  t«  the  wbol« 
body,  is  not  clear  from  the  words  of  the  'AB, 
ToA.:  but  £400,  rather  than  £4000,  ia  the  mor«- 
likely  sum  for  the  Athenians  to  have  voted  for 
the  festival. 

Another  impL^Xifr^t  is  mentioned  in  *Af.  irvA. 
c.  43,  and  not,  it  would  seem,  elsewhere ;  thtr 
i'w,  r&y  6Bdrmy,  The  office  was  an  important 
one,  as  he  was  elected  by  x^'P'^o*'^  -  '^^  ^*  ^'^ 
apparently  to  be  identified  with  the  iwurrdr^f 
riiy  Mrwy  (Pint.  Themist.  31;  Epistates). 
The  Kpfnvo^(tXaK9s  (Hesych.,  Phot.)  were  probably 
his  subordinates,  and  the  Kpriyo^vKd/ttay  their 
place  of  business. 

EPISKEUASTAK  To  the  lUt  of  Athenian 
public  officers  must  now  be  added  ten  UpAr 
ivtaKweurrai,  "  repairers  of  temples,"  chosen  by 
lot  and  allowed  the  very  moderate  sum  o:' 
30  minae  (£120)  for  their  department  ("Atf.  voA. 
c  50).  For  the  ordinary,  unofficial  sense  cf 
im<rK€vaffr'iiSf  cf.  Dem.  c.  Androt.  p.  615,  §  6^, 
p.  618,  §  78. 

EPITROPUS.  C.  56  conUins  a  full  aoconnt 
(of  which  Pollux,  viii.  89,  gives  a  summary)  of 
the  functions  of  the  archon ;  we  quote  here  th^ 
passages  which  refer  to  the  superintendence  he 
exercised  over  orphans  and  their  estates :  ypu^ 
8[i  leal  SJUcM  kayxdyowrai  wphs  avrdy,  hs  ^m- 
Kp(ya$  cTt'  [cIs  BiiccurHipioy  cl<r(C[7ci]  .... 

hp^aymv  i^aiciyr^mt  (o&rw  8*  elcri  tcoirk  rmr 
iinrp6wtfy) 

iriKkiipov  Kfuc<&ir^tts]  {(drat  8^  tiat  icark 
[rwv]  iwerpSwaty  koX  rwy  avyoucovyr§ty\ 

oXkov  ip^aytieod  KcaeAv^ts  (elcrt  tk  jccd  [omu 
KQxk  rStv}  iinrpi{itta]ff) .... 

c(S  ^rirpoT^f  JCCR'flMTatf'iv,  us  iwvrpow^s  Zmit- 
Keurleofj  c2  [irAcfoffs  riis  avr^f  9«Aow(r]ir  iwiTpamw 
airrhy  iyYpda^ai,  .  .  . 

fiurSoi  8i  ical  to^s  uKkow  rwy  ip^ayAy, 

EPONYMI.  Under  this  head  we  have  tv 
notice  a  new  explanation  of  the  difficult  phrasf 
iir^yvfioi  rvy  4i\iietSy.  In  c.  53  we  read  mI 
ykp  ^miyv/ioi  8^ira  fily  ol  r&y  ^vA£r,  9^  8« 
iral  rtrrapdxoyra  ol  rmy  rikuctmy:  and  thai 
formerly  the  names  of  the  f^jSoi  were  written 
€ls  KiktuKM/iiya  ypafifutT€tay  and  in  the  time  oi 
the  writer  cis  irr^Aitr  x^^^^*'  ^^  fffrarm  ^ 
OT^Aii  vph  rov  fiovk^vrjfiipiav  mpk  rotv  inmyv- 
/Aovs.  Mr.  Kenyon  olraerves :  "  It  seems  that  for 
the  purposes  of  military  service  a  cycle  of  forty- 
two  years  was  arranged,  to  each  of  which  a  nam** 
was  given,  probably  chosen,  like  those  of  the 
eponymi  of  the  ten  tribes,  from  the  heroes  of 
Athenian  legendary  history.  Thus  when  » 
youth  was  enrolled  in  the  lists  of  the  tribes 
and  became  liable  for  military  service,  his  namt* 
was  entered  on  a  roll,  with  the  name  of  th« 
year  according  to  the  archon  and  the  name  of 


APPENDIX. 


1069 


the  eponymous  hero  from  whom  his  military 
service  was  to  be  dated."  (The  meaning  of 
6  MirvfAOS  6  r^  vpor4ptf  [^ci]  8e  Sicurqirciys  is 
not  explained.)  ^  For  all  official  purposes,  such 
as  the  indication  of  what  years  were  to  be  called 
out  for  serrice  on  any  particular  occasion,  these 
names  were  employed :  '  xp^"^^  '^  '''o*'  iwoty^' 
fiois  jcal  irphs  rks  arpartias,  koX  troM  ^Kinicuf 
iKw4faFtMri  vpoypd^ucw  iiwh  rlvos  ipxoi^os  koX 
4irw^6twv  Mj^XfM  riy&v  9§t  <rrpaTc^c<r9ai.  [App. 
8.  V,  DiAETETAE.]  As  a  matter  of  fact  the 
orators  use  a  shorter  expression:  ^^ivofjiiwv 
h*  iftMP  . . .  Kol  robs  M^XP'  rpidnoyj'  Irty  7*- 
yotf^su  ^licVoi,  Aeschin.  F.  L,  §  133 :  i^ipi- 
aour9§, ,  .jcal  robs  /Uxpi  *«W«  iral  rvrrapdKorrti 
4rmp  airohs  ififitdrtuf,  Dem.  Olynth,  iii.  p.  29, 
§  4 :  cf.  Lycnrg.  c.  Leocr,  §  39. 

EUTHYNB.    The  \oyurral  are  twice  men- 
tioned.    From  c  48  we  learn  that  they,  ten  in 
number,  were   appointed   by   lot  from  among 
the  members  of  the   senate,  to  check  the  ac- 
counts of  the  di£ferent  officers  in  each  prytany  ; 
and    in    c.    54,   Koyiartki    ZiKa   icol    trvviiyopot 
rodrois  Scica    are  mentioned   as   appointed  by 
lot.      Then  follows  a  detailed   account  of  the 
proceedings  in  the  law-courts :  if  they  prove  a 
man  gniltr  of  embezzlement  (jtKmHi :  cf.  Dem. 
c.  Tttnocr.  p.  735,  §  112,  cl  fi^r  ns  iiyopay6fios 
....  KXirnis  iv  9b$wais  1i\«iccy, ....  roir<p  filr 
riiv  9§KawKcurle»  cTvoi ;  Aeschin.  c.  Ctes.  §  10 ; 
Plut.  Arist,  4),  then  the  dicasts  find  him  guilty 
of  embezzlement,  and  he  is  fined  in  ten  times  the 
amount  of  the  sum  proved  against  him.     The 
same  procedure  took   place  in   case  of  bribes 
(cf.  Dem.  F,  L.  p.  429,  §  273,  9Apa  Xa/3fry  l5o|ff 
irp^cfit^as),  the  fine  being  again  tenfold ;  whilst 
in  the  case  of  UBikIov  the  fine  was  in  the  same 
amount  as  the  fraud,  if  paid  before  the  9th  pry- 
tany,  and  double  the  amount  if  deferred.     The 
aimi  i^uctov  is  mentioned  in  Plut.  Per.  32,  cfrc 
K^oirijf  Kod  ZApmv  cTr*  &8iirfov  fio{fKon6  rts  ^ro- 
fUL^ciy  rjjy  Mw^tv  of  Pericles  regarding  the  ex- 
]ienditure  of  public  money ;   cf.  Harpocr.  s.  v, 
and   Pollux,  viii.   31.      Two  iit(p«Spoi   to  each 
tMvpoSf  appointed  by  lot,  are  mentioned  in  c.  48. 
The  duty  of  the  irdEpf3po<  was  to  station  them- 
selves in  the  ^70^  by  the  Eponymi   of  the 
•several  tribes,  and  there  to  receive  complaints 
against  persons  who  had  received  their  discharge 
from  a  court  of  law  within  three  days  from 
such   discharge.     The   complaint   was  entered 
upon  a  tablet  with  the  name  of  the  complainant 
and    the    person   accused,   together    with    the 
amount  of  the  rlfitifM  (rtft.i^f»a  [vapaXyifiSfitroSj 
Mr.  Kenyon :  iinypa^fi€vos  ?).    This  he  handed 
to   the   cMvrof  who  investigated   the   matter 
(6  9k  Xo^St^y  rovTO  ical  i^Ko^aas^i  Mr.  Kenyon : 
-  afyoKpiras]  ?) ;  and  if  he  judged  the  man  guilty, 
he  paiwed  over  the  matter  if  a  private  one  to 
the  Siiocurral  ol  mrr^  94ifiovs  oi  riiv  <pv\riv  raOrriy 
^ladyovtriyf  but   if   a    public    matter    to    the 
thesmothetae. 

EXOMOSIA.  (2.)  The  exomosia  of  those 
enrolled  by  the  Kara\oy9ts  as  horsemen  is 
mentioned  in  c.  49:  0^01  (ol  XTnrapxoi  icol 
^^Xopx^O  vcip9X€i$6irr€s  tlff^pipovtri  T[^y]  mrrdl- 
Ao7or  els  T^y  fiovKiir  Ktd  rhy  irivoKa  iLyoi^avrts, 
ky  f  KOTturtinifieurfiiya  t&  ir6fiaTa  r&u  linr4my 
iffrlj  robs  /t!ky  i^ofunffi4yovs  r&v  wpirtpov  4yyt- 
ypafifi4vuv  fi^  Bvyarobs  tJyai  ro7s  ir^fiaaiy 
Iw^ikiy  4^a\€l^povciy  robs  8c  icaTetA.c7/i^i'0i/s 
[irjaXoiMri,  khy  fi4y  ris  4^ofA6(rnrai  fi^i  H^ywr^ai 


rf  frtStfUKTi  iirrtv€iy  ^  rp  oiMriij^  rovroy  &^(a<rtv, 
etc. 

EXSILIUM.  In  c.  22  it  u  stated  that 
Cleisthenes  introduced  ostracism  (hs  sc.  y6fios 
4r49ii  81&  r^y  biroi^iay  r&y  iy  reus  iuydfitaiy., 
in  TlturUrrparos  thiifutyttyhs  Ktd  ffrparrryhs  i»y 
ripaofyos  Kar4tmi ;  cf.  Harpocr.  s.  v.  'Imropx^f )• 
It  was  in  the  first  place  aimed  at  the  supporters 
of  his  family  who  still  remained  at  Athens — ^the 
first  victim  was  Hipparchus,  the  son  of  Charm  us, 
the  law  being  put  in  force  against  him  two 
years  after  the  battle  of  Marathon,  and  in  487 
B.C.  Megacles,  the  son  of  Hippocrates,  was  ostra- 
cbed — ^but  soon  it  became  to  be  used  ef  ns 
HoKoi"^  fMl(9»y  cTi^flu,  e^.  Xanthippus,  the  son  of 
Ariphron,  in  468  B.C.,  Aristides,  Damonides  (c. 
27).  The  only  foundation  for  the  story  that 
Cleisthenes  himself  was  ostracij^ed  is  Aelian 
( V,  H.  xiii.  24).  At  the  approach  of  Xerxes 
the  persons  ostracised  were  recalled,  and  it  was 
henceforward  ordained  that  persons  ostracised 
should  reside  4yrhs  Ttpaurrou  xal  SicuAAo^ou  fj 
itrifiovs  €ly«u  ica0<iira{,  t.«.  between  the  extreme 
south  of  Enboea  and  east  of  Argolis  respectively. 
*^The  regulation,"  Mr.  Kenyon  remarks,  **  can- 
not, however,  have  been  strictly  observed  sub- 
sequently ;  for  instance,  we  find  the  ostracised 
Themistodes  living  in  Argos  (Thuc.  i.  135), 
and  the  ostracised  Hyperbolus  in  Samos  (Thuc. 
viii.  73)."  These  facts,  and  the  statement  of 
Philochorus  in  Lex.  Met.  Cantabr.  s.  v.  i^rrpa" 
Kifffiov  rp6fKOS  *  ft^  irifialyoyra  4yrhs  Ttptdffrou 
rod  Zb$olas  ia^etnipiovy  suggest  the  reading 
^jcr^f  instead  of  4yrhs  in  the  'Atfi/v.  tro\. 

GEOMORI.  For  these,  the  second  of  the 
Theseian  classes  in  early  Attica,  the  name 
&|[7p]oticoi  occurs  *A#.  voA.  c.  13.  The  restora- 
tion of  the  illegible  letters  is  undoubted.  In  a 
passage  already  cited  (Dion.  Hal.  ii.  8)  the  plebs 
at  .Rome  are  called  irypoucoi  in  distinction  from 
the  tbnvrpitai  or  patricians.  Cf.  Hcsych.  s.  v. 
iypotwrati  iypoiKOi^  koX  y4yos  'A^nftrir,  ot 
ArnStciTT^AAoKro  irfii^s  robs  *bnarpi9ets'  ^y  8i 
T^  rAy  ywaymy^  koX  r^roy  rb  r&y  9iifuovpy»v. 

HECTEMORII.  The  following  passage 
confirms  the  view  taken  in  the  text :  kcu  8^ 
irol  ^oOXtvoy  ol  T4yirrt{s  rots']  irKovirlois  ical 
aibroX  [koX  t]^^  r^icva  kaU  al  yvyaiKts,  ical  4Ka- 
kovyro  ircX^rai  nd  ^Krfifi6poi'  [4wl]  rairris  yap 
T^f  fuff$^€»s  [€l}pyd(oyro  rmy  itKowrimy  robs 
iefpois  (*A#.  toX.  c  2).  Thus  the  4teniiUpioi 
or  kierniUpoi  (the  latter  form,  given  also  by 
Hesychius,  seems  the  correct  one)  received  only 
a  sixth  part  of  the  produce :  LyrU  however, 
rather  than  iitl,  seems  the  preposition  to  be 
supplied. 

HENDECA,  HOL  Meier's  conjecture  as  to 
the  early  origin  of  this  body  is  now  confirmed : 
Solon  provided  for  their  election,  it  would  seem, 
out  of  the  first  three  classes,  and  is  not  said  to 
have  created  the  office  (*A9.  iroX.  c.  7).  The 
account  of  their  duties  (c.  52)  adds  no  new 
particulars. 

HEBES.  The  Thirty  are  said  (c.  35)  to 
have  struck  out  in  Solon's  law  relative  to  the 
right  of  bequest  (vc^l  roi;  Zowen  rk  iavrov  f 
&F  i04Arf)  the  provisions  4ity  fiii  nayuoy  ^  ynp&y 
II  yvyaud  wiMfifvof,  to  limit  the  opportunities 
of  the  sycophants  (Jhnts  fi^  f  roTs  crvKo^dyrtus 
H^toios). 

HODOPOEL  We  now  lenm  that  they  were 
five   in  number,  and  appointed   by  lot:   they 


1070 


APPENDIX. 


repaired  (^ir«nccu^ciy)  the  roads,  having  publi'c 
fllaves  (priii6ctoi  ipydrai)  under  them  CA0.  iroX. 
«.  54). 

JUSJUBANDUM.  Some  particulars  about 
the  oath  of  the  nine  archons  are  supplied  by  the 
*A0.  itoK ;  it  is  said  that  thej  swear  [«ca9<lircp] 
^irl  *AKdffrov  [rrjs  ir6Kew5  ipQtu^;  and  this  is 
used  as  an  argument  to  show  that  the  archon 
was  first  associated  with  the  king  at  the  accession 
of  Acastus  (c.  3  :  cf.  Archox). 

The  arcbous  were  bound  to  obserre  the  laws 


of  Solon  by  an  oath  which  was  still  sworn  bj 
them  in  the  time  of  the  writer  (c  7 ;  cf.  c.  55) : 
kyafidMr^s  8*  iwl  rotrror  (rhp  XiBov  6^*  £  ra 
raMicca  itrrbf)  ifivCowrtw  Bucaims  K^ccr  ncol  Kor^ 
robs  v6fiovs  iral  Z&pa  fi)i  k^^<r4at  r^s  fyx^ 
creica,  icfty  rt  Xdflmrip  hf^ptatfrm  ^Mutf^ecfv 
Xffwroihf.  iirr€v0€y  8*  dfUffoarrtSf  etc  At  the 
same  stone  o/  fidprvpts  i^6fUfvpTai  rks  /lupTvplms. 
The  treaty  in  c.  23  (^^'  off  [tfutoui]  icmL  r«^ 
fi^povs  49  T^  Tf  A<Eyc(  KciS^tmai)  supplies  a 
parallel  to  Herod,  i.  165  (p.  1046  a). 


APPENDIX  TO  VOLUME  II. 


METOECI.  0.  58  confirms  the  statements  ;  OLEA.  We  learn  from  c.  60  that  the  sUte 
^p.  170  o)  as  to  their  actions  at  law  before  the  management  of  the  lu^piai  described  in  the  article 
polemarch.  |  (p.  263  a)  was  earlier  than  the  date   of  the 

METBONOMI.  Fiunkel's  view  as  to  their  '  treatise  'A0.  voA.,  and  that  the  penalty  in  those 
number  (see  p.  170  6)  is  confirmed  by  *A9.  voA.  older  times  for  dnmaging  one  of  the  trees  was 
«.  51.  death  (at  an  earlier  date  probably   than   the 

NAUCRARIA.  The  passage  in  c.  8  clearly  oration  of  Lysias).  In  the  writer's  own  time  the 
rankes  the  pouKpapiai  date  from  a  period  before  |  owner  of  the  land  where  the  iiopUu  grew  was 
^loQ :  not  only  the  context,  but  the  tense  t^trcu^  obliged  to  render  to  the  archon  1|  ootylae  of  oil 
vwMiktiiUpoi  admits  of  no  other  explanation.  The  for  each  tree,  and  (since  the  registers  of  the  trves 
transference  of  the  duties  to  the  demarchi  is  doubtless  remained,  so  that  their  destructian 
stated  in  c.  21.  entailed  no  loss  of  oil  upon  the  state)  the  state 

NOMOS.  For  Draco's  constitutional  changes  |  penalty  became  obsolete.  The  arch<m  had  to 
cf.  note  on  CiviTAS.  hand  orer  the  oil  so  received  to  the  rofumi  at 

Solon's  law  ircpl  rwv  rvpdypt^v  is  quoted  c.  16.  the  end  of  his  year  of  ofiice.  The  ro^itoi  stoted 
The  text  is  evidently  corrupt.  Perhaps  the  law  it  in  the  Acropolis  till  the  Panathenaea^  when 
was  id»  rit  M  rvpamflMi  htaa^itrr^ai  ^  ervy-  ,  they  delivered  it  to  the  athlothetae. 
HoBlarp  T^y  rvpan^Ua  Arffioa^  tlvtu  axnhv  icol  PANATHENAEA.  The  statement  (p.  327 
y4vot»  In  Andoc  Myst,  §  97  a  law  is  quoted  li)  that  the  officials  of  the  greater  festivu  wer« 
^professedly  Solonian)  in  which  the  same  the  Athiothettiej  not  the  Hieropoioi,  is  confirmed 
phrases  occur — nrttm  ....  leal  iih^  ris  rvm-  by  cc  54  and  60.  In  c  49  it  is  mentioned  that 
vuv  iwaywrrf  ^  rhtf  Tipiunfov  avyKaraarriiori.  I  the  selection  of  weavers  of  the  sacred  wcvAer 
Dobree  inserts  Iwl  r^  before  rttpcavtiy :  probably  (p.  327  a)  was  first  in  the  hands  of  the  /3evA4« 
in  the  'A^qr.  iroA.  rvptofv^uf  was  written  above  :  and  afterwards  of  a  Zucaariipior  (see  note  ou 
M  Tvpaiv(8i,  and  a  copyist  inserted  the  phrase     /SovA^). 

lower  down  in  the  text.  The  story  (Pint.  Sol.  |  PARANOIAS  DIKE  It  was  laid  before 
18)  about  want  of  clearness  in  Solon's  laws  |  the  archon :  ddof  rts  airi^ai  rura  irapCMwoiirra 
occurs  in  c.  9.  t[&  jairroi;  KT-fi/uiTa  d]«-oAA^Mu],  c.  56. 

Cc.  29  to  32  give  at  great  length  the  consti-  PAREDBI.  The  number,  two  for  each  of 
tutional  schemes  of  the  Four  Hundred,  quoting  the  three  superior  archons,  is  confirmed  by  c.  56  : 
apparently  from  original  documents.  |  also  that  they  were   subject  to  ioKiftaffim  and 

Of  the  Thirty  it  is  said  (c  35):  rh  fihy  '  tdOwai,  The  two  'irdp€9poi  of  the  cMvyoi  are 
oSy    wp&ror  ....  irf»o4r€iroiovrro    9totKuy    rijyy  i  mentioned  in  c.  48. 

irirpioir  «'o[AiT]clar  (the  restoration  of  the  *' an- I  PHYLARCHI.  The  surmise  that  the  ten 
rient  constitution  "  was  included  in  the  terms  of  phylarchi  were  elected  by  cheirotonia  is  con- 
jteace)  iral  rohs  wepl  r&v  'Apcoirctyirdi'  jcotfciAoy  i  finned  by  c  61  [see  p.  388  6,  where  a  misprint, 
i^  *Ap€lou  [irdyov]  Kol  rwy  X6\vyos  9t<rpMV  Haot  "  one  tribe  commanded  the  cavalry  contingent," 
8M^ur/9irr[4']cts  cTxoy,  e,g.  in  Solon's  law  |  should  be  altered  to  ^  one  phylarch "].  Their 
regai*ding  testamentary  dispositions  they  abo-  j  examination  of  the  cavalry  roll  in  presence  of 
lished  the  provisions  iiuf  fiii  fuofiwy  ^  yr^puv  ^  the  jSovA^and  in  conjunction  with  the  hipparchs, 
yvwaucX  irtBifiryos  (Dem.  c.  Steph,  ii.  p.  1133,     and  their  register  of  the  vote  passed  as  to  the 


§  14  lex).  Of.  Schol.  Aeschin.  c.  Tm,  §  39, 
kKvitillvtano  rohs  Apdieomos  irol  ^6\uyos  v6ijuovs. 
Of  the  restoration  of  the  democracy  after  the 


fitness  or   unfitness  of  those  who  pleaded   in- 
capacity for  service,  are  mentioned  in  c  49. 
FOLETAE.    The  sUtemenU  in  the  article 


fall  of  the  Thirty  little  is  said  in  c  39 :  rhs  are  confirmed  by  the  account  of  the  Poletae  in 
8^  Ziiens  rov  ^vov  ^Ivai  Kvrh  rh  wdrpiUf  jie.T.A.  '  c.  47  with  some  additional  details.  They  are 
(the  text  is  unfortunately  corrupt),  an  amnesty  ^  said  to  ratify  the  lease  of  revenues  conferred  on 
was  granted  with  certain  exceptions,  and  in  any  rtkArris  by  the  0ouAij,  in  oonjanction  with 
c.  40  an  instance  is  given  of  the  zeal  with  which  the  ra/ttaf  rw  (rrpoprmrunhf  and  the  soperin- 
Archinus  prosecuted  a  breach  of  this  amnesty  !  tendents  of  the  theoricon.  The  Poletae  deliver 
{i-rti  Tis  ffp^ccro  rAv  Kart\fi\v$6refy  fiyii(rue«ue€ty,  ,  to  the  $ov\ii  tablets  (ypofitutrtUL  K*X§vicmfi4ptt) 
iwaryay^p  toOtop  iw\  rii»  $ov\iiy  Ktd  wc£<raf  stating  the  amount  of  payments  (aoroiBoAal)  to 
iKpiTOP  ivoKT9iyai,  etc.:  cf.  Isocr.  c.  Callim.  §  3).  I  be  made  in  each  pryUny.    The  greater  number 


APPENDIX. 


1071 


<%'ere  made  in  the  9th  prytaoy  of  the  year  (cf. 
Teu)Xeb). 

PROBOULI.  The  statement  (p.  493  b)  in 
which  we  followed  Grote,  that  there  was  no 
sufficient  ground  for  supposing  that  the  ^vyypa' 
tpris  a^oKpfltropff  ofThuc.  viii.  67  were  the  same 
persons  as  the  wp6$ovkoi  must  be  modified.  In 
c.  29  we  are  told  that  on  the  motion  of  Pytho- 
dorus  twenty  persons  over  forty  years  of  age 
were  elected,  in  addition  to  the  ten  wpoQ- 
rdpxorrts  irp60ouXmtj  to  draw  up  the  consti- 
tution under  the  400.  We  should  infer,  with 
Mr.  Kenyon,  that  this  *'  pre-existing  "  board  of 
ten  commissioners  was  a  continuation  of  that 
mentioned  in  Thuc.  viii.  1 ;  and  that  the  party 
of  Piaander  having  either  reappointed  them,  or 
appointed  others  with  the  same  title,  added 
twenty  to  carry  out  the  work.  So  far  this 
treatise  justifies  Androtion  and  Philochorus 
when  Harpocration  (s.  o.  <rvyypa^<s)  cites  as 
speaking  of  thirty  in  all ;  and  Qrote  is  probably 
wrong  in  supposing  that  they  confused  the 
oligarch T  of  the  400  with  that  of  the  Thirty. 

PROSTATES  TOU  DEMOU.  In  the  'A*. 
woX.  the  term  wpoarAnis  rov  9^tu>v  (or  rov 
wK-fiBovs)  is  constantly  used  in  the  sense  of  'Meader 
of  the  popular  party  " :  e,g.  Solon  (vpSros  iyd' 
p[€ro  rov  94ifu»v}  vpo^rrvniSy  cc  2,  28),  Pisi- 
stratus  (jMrtpot,  c  28^  Cleisthenes  (cc.  21,  28), 
XAUthippua,  Themistoles  and  Aristides  (cc.  23, 
28),  Ephialtes  (cc  25,  28),  Pericles,  Cleon,  Cieo- 
phon.  These  are  opposed  to  the  leaders  for  the 
time  being  of  the  other  party  (wpoirr.  r&v 
irdpwy,  rw  9^6ptt¥,  rmv  yvwpiiimp.  Uipparchus, 
the  son  of  Charmus,  is  called  ify^ftiow  ical  irpO' 
(rrdrris  of  the  ^Uoi  r«y  rvpdn^v,  c.  22). 

PRTTANEUM.  C.  62  notes  that  the  Athlo- 
thetae  dined  in  the  Prytaneum  in  the  month  in 
which  the  Panathenaea  was  celebrated,  from  the 
4th  of  the  month  onwards.  It  should  be  observed 
also  that  this  treatise  (c.  43)  speaks  of  the 
prytanes  as  still  dining  together  in  the  Tholns 
(of.  p.  515  6). 

PSEPHUS.  Unfortunately  the  greater  ]ior- 
tion  of  the  detailed  account  of  the  procedure  in 
the  law-courts  is  either  lost  or  exists  only  in  a 
very  mutilated  condition.  On  p.  168  fT.  we 
have  the  description  of  the  voting :  of  the  two 
&fi^opc?f,  one  was  of  metal,  6  K&piot — the  other  of 
wood,  &  itcvpos,  placed  separate  (Sio/pcroi) ;  the 
iifu^p^bs  ox  metal  is  described  (SchoL  Aristoph. 
£qu.  1147,  and  Pollux,  viii.  123,  are  correct) ; 

iTwf  ira  «<U.<y  [6  K^|pv^  «nip]i^^M!**}  ^  '''*  [TP*'*''!}' 

fiimi  rov  wp[d]rcpo[v  kiyovroi]  ij  [Ji]  wK^[jnis 

To]v  t^<rrcpoy  \4yopros  ....  rmy  <Hi^y  toO  /mm 

9tw[K6v]ros  rkt  rtrpvmifidtfas,  rov  Si  ^[jt^yot^ 

Tosj    [rk']s    wK'(ip%ts'    iror4p^    8*    [hf    ir\clv 

•y]^|Toi  oV}ros  riicf .   hy  9k  piroi,  inro^^uy^i], 

(Cf.    Lffx.  Bhet,  Caniabr.  s.  v.  tffoi  al  ^^t 

a(n&y.)     Efrla  vdUir  Ti/i«(ri,  hy  Stp  riftilotu, 

rhv  abrbv  rpiwov  i^^i(6fjMvot^  rh  fikv  ir^t/AfioKop 

&iro8^8orrfff,  fiateryifiay  8i  wd\iv  trapaXafJifidafOth- 

Tff  (cf.  p.  163=:Schol.  Aristoph.  Plut,  278;  see 

Dem.  de  Cor.  p.  298,  §  210),  ^  8i  rifitiais  ivriv 

irphs  iifjLixow  ffSoTOf  kiwr4pw¥.     That  the  clep- 

i«ydra  was  filled    again   for    the  rtfuyris   was 

known  from  Aeschin.  c.  Ctea.  §  197:  ^i)  t^ 

rpirov  S8«p  ^7xc(Ta(  rp  rt/A^ircf,  but  only  now 

do  we  learn  the  amount  of  water  put  in,  half  a 

Xovf.    The  time  allowed  was  certainly  short, 

considering  that  in  a  yp«^  vapawptirfitlas  each 

side   was    allowed    eleven    kfu^put    (Aeschio. 


F.  L,  §  126),  and  in  an  inheritance  suit  each 
party  was  allowed  one  iLfAipoptvs  for  the  first 
speech,  and  the  quarter  of  that,  three  x^*'>  for 
the  second.    (Dem.  c.  MacarU  p.  1052,  §  8.) 

SEI8ACHTHEIA.  This  measure,  which 
was  a  cancelling  of  all  debts,  both  public  and 
private  (c  6),  preceded  Solon's  legislation,  and 
the  reform  of  the  money  standard  and  of  the 
system  of  weights  and  measures  followed  the 
legislation  (c.  10  ;  it  was  not  contemporary  with 
the  Seisachtheia,  Plut.  Sol,  15).  Some' parti- 
culars are  given  as  to  the  monetary  standard 
introduced  by  Solon :  tmfortunatcly  the  reform 
of  the  system  of  weights  and  measures  is  only 
mentioned  as  a  fact  without  details. 

8ITOPHTLAOE8.  Fr&nkel's  view  as  to 
their  number,  five  for  the  city  and  five  for  the 
Peimeus,  is  shown  to  be  correct  CM.  voX. 
c.  51). 

STRATEGUS.  *M.  woX.,  c.  4,  speaks  of 
(rrpanryol  in  the  time  of  Draco,  mentioning  the 
qualification  that  they  must  be  married,  and 
adding  that  they  must  have  children  over  ten 
years  of  age.  As  the  text  stands  we  are  told  of 
a  property  qualification  of  100  minae;  but, 
since  the  qualification  of  an  archon  (at  that  time 
a  more  important  office)  was  only  ten  minae. 
this  is  unlikely,  and  cucoffror  f{  (implying  a 
qualification  of  eight  minae)  may  be  a  truer 
reading  than  ^  kKaT6v, 

The  election  of  one  strategus  from  each  tribe 
in  the  time  of  Cleisthenes  is  mentioned  in  c.  57  : 
we  learn  also  that  after  the  relbrms  of  Clei- 
sthenes they  were  still  of  lower  rank  than  the 
archous  and  subordinate  in  military  rule  to  the 
Polemarch  (c.  22,  r^f  8*  kwJanis  arparias  irt^iiiav 
^v  6  Tlo\4fmpx^f)'  '^^^^  bears  out  the  account 
of  Herod,  vi.  109,  111,  placing  the  growth  of 
their  importance  later. 

From  c.  61  we  learn  that,  instead  of  one  being 
elected  as  in  older  times  from  each  tribe,  thi* 
ten  were  now  chosen  by  xciporovta  from  the 
whole  body  of  citizens  (i^  awdrrwy)^  which 
obviously  gave  a  greater  fi-eedom  for  choosing 
the  best  men.  It  is  not,  however,  stated  when 
this  change  was  made. 

The  assignment  of  the  five  first  strategi  to 
special  duties  is  mentioned  as  fixe<l  and  definite  : 
1.  the  commander  of  hoplites  on  service  out  of 
the  country:  2.  over  the  local  defence  and 
general-in-chtef  in  case  of  invasion:  3.  over 
Munychia:  4.  over  the  shore  (=  the  x<^P« 
wapttXia  of  a  L  G,  178,  179,  as  Mr.  Kenyon 
remarks) — 3  and  4  are  reckoned  together  as  M 
rhp  Ilfi^^a:  5.  hri  rks  avfiftopiasy  the  duties 
specified  being  to  make  out  the  register  of  the 
trierarchs,  to  carry  out  the  dmSuireix  and  to 
preside  at  legal  proceedings  connected  with  the 
trierarchy  (cf.  p.  892  a).  The  other  five  strategi 
were  employed  as  occasion  demanded  (ro^r 
8'  &\Xovs  wpis  rk  -wdporra  irpdyfiara  iterdfiwov- 
(Tiy).  It  is  added  that  the  strategus  could 
imprison  and  fine  (jivifioKipp  iirtfidWttw)  anyone 
guilty  of  breach  of  discipline  on  service,  but  that 
the  fine  was  rarely  resorted  to.  It  will  be  seen 
from  the  above  that  the  treatise  gives  a  clearer 
view  of  the  question  of  election  (discussed  on 
pp.  719,  720),  and  a  definite  apportionment  of 
their  functions  in  more  regular  onler  (cf.  p.  718 
a).  In  this  point  the  supposed  date  of  the 
treatise  will  bear  out  Gilbert's  deduction  from 
inscriptions  (Gr,  Staatsalt,  i.  p.  221),  that  the 


1072 


APPENDIX. 


special  office  of  ffrponrybs  M  avfifiopias  began  ttFriinkel  (note  on  Boeckh,  StaataK.  i.  p.  225),  in.) 
sometime  between  334  and  324  D.C. ;  and  agrees<^  may  incline  us  to  hold,  with  Boeckk,  that  tker? 
also  with  the   fact,  which   he   notices,  that  a  T  were  more  than  one. 

further  apportionment  of  offices,  not  here  I  As  regards  the '  payment  of  two  obols  [see 
mentioned,  such  as  ^1  t6  vounruc^y,  M  roirs "^  Diobblia  ;  Thuatkuji,  p.  819  6;  TufiOBiCON'. 
I^vovf,  &c.  (presumably  taking  up  the  other  fire  !  p.  526  a],  there  is  a  passage  in  *AB.  roK.  c.  2^, 
strategi),  is  traceable  first  in  reference  to  an    '  ' 

event  (C.  /.  A,  ii.  331)  shortly  before  315  B.G. 
(».0.  later  than  the  date  assigned  to  *A$,  wo\.).* 

SYNEOOKUS.  For  the  irw^yofHn  r&v 
Xayurr&y,  see  App.  8,  v.  ElTIHYNE. 

TAMIAS.  The  rofiiaif  who  were  required 
by  the  law  of  Solon  to.  be  trtmoxoirtofiAiiaaHii 
(cc  7,  8,  47),  are  undoubtedly  the  raidai,  riyf 
0COV.     Here,  again,  a  legal  fiction  came  in  :  the 


property  qualification  was  never  actually  re- 
pealed, but  the  poorest  man  was  eligible  in 
practice  (c.  47).  What  is  said  of  their  duties 
contains  nothing  new,  the  passages  having  been 
extracted  by  the  grammarians.  The  rufdai  rots 
6KKou  Hoh  or  rmv  AxXwr  (MUr,  t.9.  of  all  except 
Athena,  ase  mentioned  c.  30 ;  the  passage,  how- 
ever, refers  to  the  short-lived  rule  of  the  Four 
Hundred.  The  ro^iiflu  of  the  sacred  triremes 
(see  p.  761  6)  are  mentioned  in  'A0.  iroA.  c.  61 : 
X«poToyoS«n  S^  icol  rofday  r^s  Tlapd\6v  ml 
iKXjw  T^s  Irov  "Aj/A/iwyos  (cf.  Theoru  ;  Gilbert, 
Staataaiterth,  i.  330,  n.  S).  On  this  rafiias  see 
also  K5hler  in  MittheiL  dea  archaoL  JnstittUs, 
viii.  165  ff.  Inscriptions  show  that  the  rofiias 
of  ^he  Paralos  could  also  be  triemrch  of  another 
sliip:  C.  I,  A.  ii.  804  b,  line  66,  and  ib,  808. 
The  rofdas  r«r  trrpvrtmrue&t^  (p.  761  6),  in  ad- 
dition to  his  military  duties,  is  curiously  enough 
associated  with  the  jBovA^  in  matters  connected 
with  the  Panathenaic  festival  (c.  49).  See  also 
App.  8,  V.  Adykati. 

TETTARAOONTA,  HOI.  Their  origin  is 
now  ascribed  to  Pisistratus  ('A9.  «-o^.  c.  16); 
their  number  at  this  time  is  not  stated.  They 
reappear  under  Pericles,  B.a  453,  and  are  then 
thirty  (o.  26).  In  c.  53  their  duties  are  de- 
scribed :  ten  drachmas  ns  the  limit  of  their 
competence  to  decide ;  and  the  traditional  reason 
for  the  change  of  number  from  thirty  to  forty. 
The  opening  words,  KXiipovai  Si  Ktd  rerrapd- 
iroKra,  r^opaf  4^  indorris  ^v\^s,  now  supply 
documentary  evidence  for  the  view  maintained 
in  our  concluding  paragraph  (p.  809  6),  which 
hitherto  has  rested  partly  upon  conjecture. 

THEOBICON.  Apcording  to  c.  43  of  'A#. 
voA.  the  superintendents  of  the  dstupiir^  were 
elected,  not  chosen  by  lot:  from  the  same 
chapter  it  is  clear  that  there  were  more  than 
one,  since  the  plural  r&v  4w\  rh  0c«piit^  is 
contrasted  with  the  singular  ri^iias  trrpariw^ 
riK&y,  It  is  even  more  impossible  to  get  over 
(by  such  an  argument  as  Gilbert  uses  for  the 
passage  in  Aeschin.  c.  Ctea.  §  25)  the  words  in 
c.  47,  fisT^  Tov  ra/jiiov  r&y  arparusrucAtf  xai 
rwy  M  rb  Btwputbp  ^fnifidvaty  ivayrloy  r^s 
fiovKrjs  Kcertueupovctr,  &c.  The  evidence  therefore 
from  this  treatise  is  opposed  to  the  view  sup- 
ported by  Gilbert  (Gr.  Staataalt  i.  230)  and 

*  Since  tbe  above  was  in  print,  a  writer  in  the  Quar- 
terly Iteview  has  given  reasons  for  believteg  that  the 
date  of  the  treatise  is  much  later  (Q.  B.  for  April  1891, 

p.  345). 


'furk  84  raOra  MBviAvo'c  KoAAuc^Tiff  Huanthi 
vpAros  iwoox^fuvos  hrtlMivuf  irpbs  roa  Zvow 
ifi6Koiv  (UAov  ifioKoy,  If  this  means  that 
Callicrates  raised  the  $9c»puAr  for  any  ooatiDoed 
period  to  3  obols  fur  a  single  spectacle,  it  is  st 
variance  with  other  authorities.  But  the  word« 
vpvros  ^o«rx6pLttWy  &c.  seem  to  imply  that  it 
was  a  promise  of  a  demagogue,  imitated  after- 
wards by  others,  which  was  either  never  carried 
out  at  all  or  revoked  soon  after.  This  wonlti 
illustrate  Arist  Poi.  ii.  vii.  19  =  p.  1267  b. 

THEOBIS.  The  office  of  a  treasurer  for  the 
Paralns  and  the  Ammonis  or  Ammonias  is 
noticed  in  c.  61  (see  note  on  Tamias).  That  a 
treasurer  of  the  Salarainia  is  not  mentioocd 
agrees  with  the  aocount  supported  by  Boeckh 
and  Friinkel  (op.  citJ),  that  in  the  conrse  of  th« 
4th  century  B.C.  Salaatinia  ceased  to  be  the 
name  of  a  sacred  ship,  appearing  as  that  of  sd 
ordinary  war-ship  (for  which  a  trierarch  is 
mentioned)  in  the  navy  records.  Frfinkel  notes 
as  the  earliest  inscription  in  whidb  the  nase 
so  appears  one  of  Bjc.  357  (C.  /,  A.  iU  793>  b 
the  argument  is  correct,  it  follows  that  from 
that  date  until  the  Ammonia  was  bnilt  we  bre 
mention  of  only  one  ship,  the  Paralns,  whid 
can  have  been  available  for  theorise,  otker 
than  the  mission  to  Delos.  Friuikel  btf 
observed  that  the  sacred  ships  are  not  indndeii 
in  the  navy  records.  Such  names  as  Deba$, 
BierOf  Theoria  occurring  in  the  lists  of  war- 
ships do  not  denote  a  special  destination.  Tb« 
reference  to  Plutarch  should  be  Thea.  23. 

TRIBUS.  The  four  old-Ionic  tribes  were  of 
immemorial  antiquity,  and  were  retained  qd- 
altered  by  Solon,  being  still  divided  into  r^rrrMT 
and  vauKpapUu  (*A9.  voA.  c  8).  The  oonstitatioB 
of  Cleisthenes  is  described  at  length  in  c.  21,  and 
the  writer  brings  out  forcibly  the  desire  of  the 
legislator  to  break  up  the  old  organisations  ani 
party  ties :  cf.  Demcs,  Vol.  1. 615  a.  He  did  not 
adopt  the  number  of  twelve  tribes,  as  that  woald 
have  coincided  with  the  old  division  of  the  fosr 
tribes  into  twelve  rpirri^s :  he  divided  each  oi 
his  ten  tribes  into  rpcrr^ci  on  a  new  principl«^ 
assigning  one  rprrr^s  to  the  irrv,  one  to  the 
wo^MiAfo,  and  one  to  the  fiftr^yuiOy  Zmms  inborn 
(^vA^)  /urdxtl  vdtrrt^v  rih  r6rmw.  The  theorr, 
already  advanced  as  probable,  that  the  city  sod 
ports  now  formed  ten  domes,  one  belonging  to 
each  tribe,  thus  becomes  almost  a  oertaintr 
[Demus,  /.  cX 

TRIEBOPOEI.  See  App.  s.  o.  Boulb.  la 
the  words  of  c.  46,  woicrrm  tk  (ji  fivK^)  'rh 
rpi'hptu,  <eica  it^pas  i^  [&w4b>Tsnr]  iKo/Advif  rpm- 
poToio^s,  we  suggest  that  the  lacnna  is  to  be 
supplied  with  iavrns  rather  than  Mrdrrxr. 
The  r^ii^powoiol  may  possibly  have  been  a 
subordmate  body  appointed  by,  as  they  were 
unquestionably  responsible  to,  the  /SovX^:  bat 
it  b  more  likely  that  they  were  a  committee  of 
the  Bouleutae  themselves. 


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